(Public Comment Period)
1.
Recognize
Phil Slitor, Resource Management Agency upon his retirement for his 35 years of
County service.
2.
Presentation
of the Annual National Ag Week Calendar Art Contest. Recognize March 18-22, 2013 as National Ag
Week.
3.
Public
Comments.
4.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
5.
PUBLIC
HEARING: Request from the Resource Management Agency to approve a
request for a solid waste collection rate increase from the Tulare County
Refuse Removal Association for Service Areas A, B, C, D, E, G, H, and J,
effective May 1, 2013.
(Consent Calendar)
CONSENT CALENDAR (Number 6 through 32)
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NOTICE TO THE PUBLIC
Background information
has been provided to the board on all matters listed under the Consent
Agenda, and these items are considered to be routine by the Board. All items under the Consent Agenda are
normally approved by one motion. If
discussion is requested by any Board members on any item, that item will be
removed from the Consent Agenda if separate action is required.
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Agricultural Commissioner/Sealer
6.
Approve
an agreement with the California Department of Food and Agriculture for
providing State subvention in the amount of $170,753 to offset costs of
providing European Grapevine Moth detection trapping services, retroactive to
January 1, 2013 through December 31, 2013.
Find that the Board had authority to enter into the proposed agreement
as of January 1, 2013, and that it was in the County's best interest to enter
into the agreement on that date.
Auditor-Controller/Registrar of Voters/Treasurer-Tax
Collector
7.
Authorize
the Treasurer to transfer to the General Fund, pursuant to Government Code
50050, 50053, and 50055, unclaimed funds currently in the Probation and Tax
Collector's special fund accounts.
Board of Supervisors
8.
Reappoint
John A. Crivello, Community Partner Seat, to the Tulare County Health Advisory
Committee for a term ending February 1, 2016.
9.
Appoint
Betty Morehead, District 2 Member, to the Tulare County Library Advisory Board
for a term ending December 31, 2015.
10.
Appoint
Amber Perryman, Family Seat 16, to the Tulare County Mental Health Board for a
term ending December 31, 2014.
11.
Appoint
Linda Kilgore, Tenant Commissioner, to the Tulare County Housing Authority for
a term ending December 18, 2013.
12.
Appoint
Tim Peltzer to the Tea Pot Dome Water District for a term ending December 4,
2015.
Cooperative Extension
13.
Approve
an agreement with Sequoia Riverlands Trust as funded through a primary grant
from the National Fish & Wildlife Federation in the amount up to $33,600
for providing coordination of services in support of Tulare County Weed
Management Area activities at the eastern leading edge of the Sierra Nevada
Foothills of Tulare County, retroactive to July 1, 2012 through September 13,
2013. Find that the Board had authority
to enter into the agreement as of July 1, 2012, and that it was in the County's
best interest to enter into the agreement on that date. Approve the necessary budget adjustments
(4/5ths vote required). Authorize the
addition of one part time, extra help position as a Community Program
Specialist.
County Administrative Office/General Services - Parks and
Recreation
14.
Ratify
actions taken by the County Administrative Officer during the month of February
2013.
15.
Prohibit
drinking alcohol on both Saturday, March 30, 2013 and Easter Sunday, March 31,
2013 at all County Parks. Authorize
posting signs at County Parks on Saturday, March 30, 2013 and Easter Sunday,
March 31, 2013 with the following language:
"Anyone exhibiting inappropriate behavior will be removed from the
park."
County Counsel
16.
Approve
the Disclosure of Consent to Dual Representation agreement letter written by
Tulare County Counsel.
District Attorney
17.
Approve
the Capital Asset purchase for four (4) replacement vehicles in an amount up to
$90,000. Approve the necessary budget
adjustments (4/5ths vote required).
Health & Human Services Agency
18.
Adopt
a Resolution proclaiming March 2013 as Social Worker Appreciation Month.
19.
Approve
an agreement with the National Association of County and City Health Officials
to accept funds in the amount of $4,000 for the provision of support to Medical
Reserve Corps units, retroactive to January 5, 2013 through July 31, 2013. Find that the Board had authority to accept
the award as of January 5, 2013, and that it was in the County's best interest
to accept the award on that date.
Approve the necessary budget adjustments (4/5ths vote required).
Information & Communications Technology
20.
Approve
an agreement with Verizon California Inc. in the amount of $202,500 to provide
service for the period of March 19, 2013 to March 19, 2016.
Purchasing Department
21.
Approve
an amendment to Agreement No. 24385 with Tulare Local Healthcare District -
Mineral King Laboratory to extend the agreement to March 31, 2013 for providing
drug screening, analysis, and testing.
Resource Management Agency
22.
Waive
the second reading and adopt an Ordinance amending Section 3-01-1175
"Tulare Area" and Section 3-01-1180 "Visalia Area" to Part
III, Chapter 1, Article 3 of the County Ordinance Code pertaining to speed
limits. Direct the Clerk of the Board to
publish the Ordinance after adoption as required by law.
23.
Authorize
the Solid Waste Department to increase the Change Fund to $2,500 for the
purpose of making change for landfill disposal transactions.
24.
Accept
the work for the construction of Avenue 416 at Road 80 Intersection
Improvements as complete by Dawson-Mauldin Construction, Inc. of Huntington
Beach, California. Authorize the
Chairman to sign the Notice of Completion.
Direct the Clerk of the Board to have the Notice of Completion recorded
with the County Recorder.
25.
Approve
submittal of a 2013 Indian Gaming Special Distribution Fund application for two
RMA road projects totaling $268,000 in grant funds: a) $188,000 to repair approximately ¾ mile of
Success Valley Drive; and b) $80,000 to provide the local match for a
Reservation Road Safety Enhancement Project.
Both road project grant applications to be submitted pursuant and
subject to all of the terms and provisions of Indian Gaming Special
Distribution Fund and regulations of Senate Bill 621.
Sheriff/Coroner
26.
Approve
a grant application to the Office on Violence Against Women for up to $300,000
in funding for the Tulare County Safety and Accountability in Family
Environments Program under the Grants to Encourage Arrest Policies and
Enforcement of Protection Orders Program for the period of October 1, 2013
through September 30, 2016. Approve the
Memorandum of Understanding between the grant partners in the proposed Fiscal
Year 2013 Safety and Accountability in Family Environments Program, subject to
approval as to form by County Counsel.
27.
Approve
the Capital Asset purchase of a police service dog in an amount not to exceed
$13,000. Approve the necessary budget
adjustments (4/5ths vote required).
28.
Approve
the Capital Asset purchase of a rotary engraver in an amount not to exceed
$22,000. Authorize the necessary budget
adjustments (4/5ths vote required).
29.
Accept
monetary donations of $15,035 from Friends of Tulare County designated for the
Sheriff's K-9 Unit and the Tulare County Police Officer Memorial and
Educational Foundation.
30.
Approve
an amendment to Agreement No. 25264 with TLOxp to change the effective date for
services from November 2012 through October 31, 2013 to April 1, 2013 through
March 31, 2014 for the search database used to investigate criminal cases.
31.
Approve
an amendment to Agreement No. 25630 with the United States Army Corps of
Engineers, Success Lake Recreation Area for law enforcement services at Success
Lake Recreation Area for the period of April 1, 2013 through September 30,
2013.
32.
Approve
a Memorandum of Understanding between Tulare County Sheriff's Department and
the State of California Campaign Against Marijuana Planting Program to provide
task force services for the period of July 1, 2013 through October 15, 2013.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
33.
Request
from Resource Management to approve an agreement with Provost and Pritchard
Consulting Group, Inc. for engineering and consulting services for
infrastructure improvements to the Seville and Yettem water systems in the
amount of $621,700. Authorize the Tulare
County Auditor to make the necessary budget adjustments, establishing a
separate budget line that includes project and funding agreement numbers
(4/5ths vote required).
34.
Request
from the Resource Management Agency to adopt, pursuant to Government Code
Section 65858, as an urgency measure, the Interim Zoning Ordinance prohibiting
medical marijuana collectives, cooperatives and dispensaries for an interim
period of time in the unincorporated areas of the County of Tulare. Adoption of
this Interim Ordinance shall require a four-fifths vote and shall be in effect
forty-five days from its date of adoption, expiring May 3, 2013 unless further
extended. Approve the summary of the
Ordinance and direct the Clerk of the Board to publish and post the summary in accordance
with Government Code Section 25124 (b)(1).
Set a public hearing on April 23, 2013 at 9:30 a.m. Direct the Clerk of the Board to notice such
hearing in accordance with Government Code Section 65858, in order to consider
this ordinance and a proposed extension thereof prior to the expiration of this
ordinance in forty-five days. Direct the
Director of RMA, or his designee, to issue a written report ten days prior to
the expiration of the Interim Ordinance or any extension, describing the
measures taken to alleviate the conditions which led to the adoption of the
Ordinance.
35.
Presentation
from Resource Management Agency and the Tulare County Association of
Governments regarding Measure R Expenditure Plan Amendment Number Three. Receive public comment regarding Measure R
Expenditure Plan Amendment Number Three.
Approve the letter to the Tulare County Association of Governments
requesting that $500,000 be programmed in the current 15 year period in the
Transit/Bike/Environmental category to be used as match for Safe Routes to
School, Congestion Mitigation and Air Quality, Transportation Enhancement, and
similar State and Federal programs and $500,000 be programmed in the second 15
year period in the Transit/Bike/Environmental category to be used as match for
Safe Routes to School, Congestion Mitigation and Air Quality, Transportation
Enhancement, and similar State and Federal programs.
36.
Request
from County Administrative Office to receive the Mid-Year Budget Report for
Fiscal Year 2012/2013. Approve proposed
schedule for preparation and adoption of the Fiscal Year 2013/2014 budget,
which incorporates a rollover budget as the operating/recommended budget (including
the Capital Projects budget) for the period between July 1, 2013 and adoption
of the 2013/2014 budget (4/5ths vote required).
Authorize the Auditor-Controller/Treasurer-Tax Collector, with
concurrence of the County Administrative Officer, to process any budget
adjustments stemming from the Mid-Year Report (4/5ths vote required). Adopt the Personnel Resolution to add,
reclassify, and approve the required job specifications stemming from the
Mid-Year Report.
(Closed Session)
CLOSED SESSION
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NOTICE TO THE PUBLIC
CLOSED SESSIONS
As provided in the Ralph
M. Brown Act, Government Code sections 54950 et seq., the Board of
Supervisors may meet in closed session with members of its staff, county
employees and its attorneys. These sessions are not open to the public and
may not be attended by members of the public.
The matters the Board will meet on in closed session are identified
below or are those matters appropriately identified in open session as
requiring immediate attention and arising after the posting of the
agenda. Any public reports of action
taken in the closed session will be made in accordance with Government Code
sections 54957.1
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It is the intention of the Board to meet in closed
session concerning:
Sitting as the Tulare County
Board of Supervisors
ITEM
A
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9 (d)(2)]
Number of
Potential Cases: 2
Public
Hearing: Request for a solid waste collection rate increase from the Tulare
County Refuse Removal Association
Board of
Supervisors Agenda Item March 19, 2013
Next Item(s)
Sitting as...
ITEM
B
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9 (d)(2)]
Number of
Potential Cases: 1
Interim
Zoning Ordinance prohibiting medical marijuana collectives, cooperatives and
dispensaries in unincorporated areas of Tulare County. Board of Supervisors
Agenda Item March 19, 2013
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (d)(1)]
Name of
Case: Giefer, Michael vs. County of Tulare
Workers’
Compensation Claim Number 10-0500387
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (d)(1)]
Name of Case: Sierra Club vs. County of Tulare, et al.
Tulare
County Superior Court Case Number 249061
Next Item(s)
Sitting as...
ITEM
E
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (d)(1)]
Name of
Case: City of Porterville vs. County of
Tulare, et al.
Tulare
County Superior Court Case Number 249043
Next Item(s)
Sitting as...
ITEM
F
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (d)(1)]
Name of
Case: County of Tulare vs. City of
Porterville, et al.
Tulare
County Superior Court Case No. 249877
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9 (d)(2)]
Number of
Potential Cases: 1
Potential
Litigation Regarding Opposition to the Tulare County Traffic and Facilities Development
Impact Fee Program
Next Item(s)
Sitting as...
ITEM
H
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
[Government
Code Section 54956.9 (d)(4)]
Number of
Potential Cases: 9
Next Item(s)
Sitting as...
ITEM
I
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (d)(1)]
SEIU,
Local 521 vs. County of Tulare
Public
Employment Relations Board Charge No. SA-CE-782-M
Next Item(s)
Sitting as...
ITEM
J
CONFERENCE WITH LABOR
NEGOTIATOR
Details
(Government
Code Section 54957.6)
Agency
Designated Representative: Jeff Cardell,
Jean Rousseau
Employee
Organization: All Certified Employee
Organizations
Unrepresented
Employees: All Unrepresented Employees
except Elected
Next Item(s)
Sitting as...
