(Public Comment Period)
1.
Presentation
given by Health and Human Services Agency regarding health in Tulare County.
Adopt a resolution proclaiming the first full week in April to be "Healthy
Tulare County Week" coinciding with National Public Health Week and
incorporating the themes of National Public Health Week into "Healthy
Tulare County Week".
2.
Presentation
given by the District Attorney's office regarding the Child Abduction Unit,
recognizing the 100th child recovered.
3.
Presentation
given by the County Library to proclaim April 2, 2013 as Adult Literacy Day in
Tulare County.
4.
Public
Comments.
5.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
6.
PUBLIC
HEARING: Request from Resource Management
Agency to consider the vacation of a 450 foot portion of Camphor Avenue west of
Road 237 and a 275 foot portion of the alley in Block 2 between Camphor Avenue
and Avenue 95 in Terra Bella more particularly described in Exhibit A attached
hereto. Determine that the vacation is exempt from the California Environmental
Quality Act (CEQA) pursuant to the adopted Tulare County CEQA Guidelines
Section 15061 (b)(3) and the Environmental Assessment Officer is directed to
sign and file a Notice of Exemption with the Tulare County Clerk. Determine that the hereinbefore described
road is unnecessary for present or prospective public use and vacation thereof
is in the public interest. Approve the
Resolution to vacate the aforementioned right of way described in Exhibit A
attached hereto subject to reserving public utility easements for public
utility companies within the limits of the vacated road right of way. Direct the Clerk of the Board to cause a
certified copy of the Resolution to be recorded in the Office of the Tulare
County Assessor Clerk/Recorder.
7.
PUBLIC
HEARING: Request from Resource Management
Agency to consider the vacation of a portion of Road 236 from Avenue 84 north
1,950 feet, south of Terra Bella more particularly described in Exhibit A
attached hereto. Determine that the
vacation is exempt from the California Environmental Quality Act (CEQA)
pursuant to the adopted Tulare County CEQA Guidelines Section 15061(b)(3) and
the Environmental Assessment Officer is directed to sign and file a Notice of
Exemption with the Tulare County Clerk.
Determine that the hereinbefore described road is unnecessary for
present or prospective public use and vacation thereof is in the public
interest. Approve the Resolution to
vacate the aforementioned right of way described in Exhibit A attached hereto
subject to reserving public utility easements for public utility companies
within the limits of the vacated road right of way and subject to recording the
Lot line Adjustment PLA 12-029. Direct
the Clerk of the Board to cause a certified copy of the Resolution to be
recorded in the Office of the Tulare County Assessor Clerk/Recorder concurrent
with the recording of Lot Line Adjustment PLA 12-029.
(Consent Calendar)
CONSENT CALENDAR (Number 8 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
8.
Approve
the necessary budget adjustment for the purpose of purchasing a budgeted
vehicle (4/5ths vote required).
Auditor-Controller/Registrar of Voters/Treasurer-Tax
Collector
9.
Approve
the request by the Allensworth Community Services District to change from
odd-numbered to even-numbered year elections, with the election to be
consolidated with the General Election.
Board of Supervisors
10.
Ratify
a Proclamation honoring Tom Barcellos as the 2013 Tulare Kiwanis Farmer of the
Year.
11.
Appoint
Jeff Scott, County Department Head to the Tulare County Museum Board.
County Administrative Office/General Services
12.
Approve
sending a letter of opposition to AB 194 (Campos) which would make it a
misdemeanor for a member of legislative body of a local agency to prohibit
public criticism protected under the Brown Act.
13.
Approve
an amendment to Lease Agreement No. 21029 with John F. George and Donna Taber
George to extend the term of the lease agreement for five years, to commence
upon approval by the Board of Supervisors, for use of office space located at
26644 S. Mooney Boulevard, Building B, Visalia, CA.
14.
Approve
an amendment to Lease Agreement No. 21942 with John F. George and Donna Taber
George to extend the term of the lease agreement for five years, to commence
upon approval by the Board of Supervisors, for use of office space located at
26644 S. Mooney Boulevard, Building A, Visalia, CA.
15.
Approve
an amendment to Lease Agreement No. 22532 with John F. George and Donna Taber
George to extend the term of the lease agreement for five years, to commence
upon approval by the Board of Supervisors, for use of office space located at
26644 S. Mooney Boulevard, Building A, Suite100 and Suite 106, Visalia, CA.
16.
Approve
an amendment to Agreement No. 25319 with U.S. Bank Equipment Finance, formerly
known as U. S. Bancorp Business Equipment Finance Group, to remove and replace
Exhibit B - Payment Schedule which outlines the contract fees with a corrected
schedule. Authorize the Chairman to sign
the Payment Schedule.
District Attorney
17.
Approve
reissuance of a warrant in the amount of $11,190.
18.
Approve
an agreement with the California Emergency Management Agency in the amount of
$287,318 to provide continuing funding for the Violence Against Women Vertical
Prosecution Program, for the period July 1, 2013 through June 30, 2014. Authorize the Chairman to sign the Grant
Award Face Sheet and the Certification of Assurance of Compliance. Authorize the County Administrative Officer,
or his designee, to sign the Certification of Assurance of Compliance.
Fire Department
19.
Authorize
the submission of a grant application for a Tulare County Indian Gaming Local
Community Benefit Committee grant to purchase personal protective equipment in
the amount of $74,394. Authorize the
Fire Chief to sign the grant application.
Health & Human Services Agency
20.
Approve
submittal of an application for Certification of the Local Oversight Program
(LOP) for Fiscal Year 2013/2014 that provides for the investigation and
remediation of leaking underground storage tanks in the County of Tulare. Authorize the Environmental Health Services
Director to sign three (3) copies each of the application for Certification to
implement the LOP.
Information & Communications Technology
21.
Approve
an amendment to Agreement No. 18367 with CA, Inc. to extend license and
maintenance to June 29, 2016 in the amount of $71,671, retroactive to June 30,
2012 through June 29, 2016. Find that
the Board had authority to enter into the proposed statement of work as of June
30, 2012, and that it was in the County's best interest to enter into the
agreement on that date.
22.
Approve
Amendment No. 2 to Statement of Work No. 3 to Amendment F under Agreement No.
14242 with CGI Technologies and Solutions Inc. to extend the term of the
agreement to June 30, 2013 and increase services provided from $377,250 to
$475,250 for the next phase of the upgrade from Advantage Financial 3.6.1 to
3.8.0.2, retroactive to December 31, 2012 through June 30, 2013. Find that the Board had authority to enter
into the proposed statement of work as of December 31, 2012, and that it was in
the County's best interest to enter into the agreement on that date.
Resource Management Agency
23.
Approve
sending a letter to Caltrans supporting the city of Tulare Cartmill Avenue -
State Route 99 Interchange Project.
24.
Authorize
the extension of closure of Earlimart and Kennedy Meadows Transfer Stations to
July 31, 2013. Find that the transfer
station closure extensionsare exempt from the California Environmental Quality
Act pursuant to the adopted State of California CEQA Guidelines Section 15061
(b)(3) and direct the Environmental Assessment Officer to sign and file the
Notice of Exemption with the Tulare County Clerk.
25.
Authorize
the submission of a grant application for Fiscal Year 2011/2012 to the
California Emergency Management Agency in the amount of $112,761 for
Proposition 1B funding for Transit System enhancements.
26.
Authorize
the submission of a grant application for Fiscal Year 2012/2013 to the
California Emergency Management Agency in the amount of $112,761 for
Proposition 1B funding for Transit System enhancements.
27.
Authorize
submittal of a California Department of Transportation (Caltrans) Environmental
Justice: Context-Sensitive Planning (EJ) Grant Application for $231,817 to
perform a Community and Transportation Plan in Pixley. Authorize the commitment
and expenditure of $23,183 from the General Fund, to be used as local match for
the grant application. Authorize the Chairman of the Board to sign the
application and accompanying documents on behalf of the County. Authorize and
direct the County Administrative Officer to act on the County's behalf in all
matters pertaining to this application. Authorize the Chairman of the Board, or
designee(s), to execute, in the name of the County of Tulare, the Funds
Transfer Agreement, any amendments thereto, and any and all other documents or
instruments necessary or required by Caltrans for participation in the grant
program, subject to County Counsel approval as to form. Authorize and direct the Grants and
Development Manager to submit Funds Requests and other program-supporting
documentation.
28.
Approve
an agreement with Hartland Christian Association, in connection with the
application for encroachment permit, to place a private utility within County
road right-of-way of M469 from Redbud Lane to Pine Lane southeast of the
community of Badger.
29.
Approve
Program Supplement No. N068 to Administering Agency-State Agreement for
Federal-Aid Project No. 06-5946R for the Road 156 and Avenue 295 Traffic Signal
project.
30.
Approve
the Tulare County Project List - delineated in Attachment "A" - for
the 2013-2018 Tulare County Comprehensive Economic Development Strategy to be
prepared and approved by the Tulare County Economic Development Corporation.
31.
Authorize
the filing of Notices of Partial Non-Renewal for the following three (3) Land
Conservation Contracts as provided in the Williamson Act. Three of the requests
fulfill conditions resulting from the creation of three parcel maps. Approve the execution of amendments to the
Land Conservation Contracts as a condition of approval for the aforementioned
partial non-renewals.
PNR
08-025 - Williamson
Act Contract No. 9139, Ag Preserve No. 3180, located on Avenue 180 southeast of
Tulare (Antonio Simoes and Maria Simoes) (1.49 acres from 39.77 acres to be
non-renewed as a condition of PPM 08-047) (39.77 acres in two parcels subject
to contract amendment).
PNR
08-028 - Williamson
Act Contract No. 5612, Ag Preserve No. 1964, located at Avenue 392 south of
Dinuba (Elvin L. Goertz, Clarice B. Goertz, and Ralph C. Levin) (1.01 acres
from 37.37 acres non-renewed as a condition of PPM 08-001) (37.37 acres in two
parcels subject to contract amendment).
PNR
08-041 - Williamson
Act Contract No. 9593, Ag Preserve No. 3292, located on Road 80 south of Dinuba
(Joseph H. Peacock and Lynda S. Peacock) (1.81 acres from 39.24 acres
non-renewed as a condition of PPM 07-124) (39.24 acres in two parcels subject
to contract amendment).
Sheriff/Coroner
32.
Authorize
the submission of a grant application to the Tulare Indian Gaming Local Benefit
Committee for up to $75,000 in funding under the SB 621 Program. Authorize the Sheriff's Department to submit
the application on behalf of the Chairman.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
33.
Request
from the County Administrative Office to approve sending a letter of opposition
to SB 7 (Steinberg and Cannella) which would prohibit a charter city from
receiving or using state funding or financial assistance for a construction
project if the city has a charter provision or ordinance that authorizes a
contractor to comply with prevailing
wage provisions on any public works contract.
34.
Request
from the County Administrative Office to receive input and provide direction
regarding the federal legislative priorities to be addressed during the
advocacy trip to Washington, D.C. during April 9-11, 2013.
35.
Request
from Resource Management Agency to declare its intent to utilize its authority
under Public Contract Code Section 22031 to perform force account work. Approve use of County forces to perform a
maximum of 30% of the total value of all work performed by force account, other
than maintenance, in road construction and reconstruction as allowed under
Public Contract Code Section 22031.
36.
Request
from Resource Management Agency to approve the plan for use of Proposition 1B
funding for road overlay and reconstruction projects.
(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 - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (d)(1))
Name of
Case: Gavino Cano vs. County of Tulare Workers’ Compensation Appeals Board
Number ADJ 6655593, ADJ 7448043, ADJ 2522548
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
Application
for Leave to Present Late Claim filed by the Law Offices
of George
G. Romain on behalf of Cruz Barreras
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (d)(1))
Name of
Case: City of Dinuba, et al. vs. County of Tulare, Rita Woodard, et al., Tulare
County Superior Court, Case Number 11-243161
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (d)(1))
Name of
Case: Sprint Telephony PCS, L.P., et al. vs. State Board of Equalization, et
al., San Francisco Superior Court Case Number CGC-11-511398
Next Item(s)
Sitting as...
ITEM
E
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
(Government
Code Section 54956.9 (d)(4))
Number of
Potential Cases: 25
Next Item(s)
Sitting as...
ITEM
F
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
G
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
H
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
I
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
J
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
K
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
(Government
Code Section 54956.9 (d)(4))
Number of
Potential Cases: 1
Next Item(s)
Sitting as...
ITEM
L
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (d)(2))
Number of
Potential Cases: 1
Next Item(s)
Sitting as...
ITEM
M
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...
