(Public Comment Period)
1.
Adopt
a Resolution proclaiming the day of June 15, 2013 as "World Elder Abuse
Awareness Day" in Tulare County.
2.
Public
Comments.
3.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
4.
PUBLIC
HEARING: Request from the Resource Management
Agency to disclose the potential for a conflict of interest required by 24 Code
of Federal Regulations (CFR) Section 570.611 regarding the sale of Neighborhood
Stabilization Program 1 assisted properties located at 1498 Baywood Avenue in
Tulare to Daniel Risetter (Title and Administration Technician I, Tulare County
Assessor's Office); and 41777 Wilsonia Avenue in Orosi to Federico Ortega, III
(Extra Help Fire Fighter, Tulare County Fire Department). Authorize the submittal of a letter to the
California Department of Housing and Community Development requesting an
exception to the conflict of interest requirement governing Tulare County's
Neighborhood Stabilization Program 1.
Authorize County Counsel to submit an opinion to the California
Department of Housing and Community Development that the interest for which the
exception is sought does not violate any state or local law.
5.
PUBLIC
HEARING: Request from the Resource Management Agency to deny the
appeal of Linda Novick on behalf of Harvest Power. Deny the appeal of Timothy Jones on behalf of
Sunvale Vineyards. Affirm the decision
of the Planning Commission regarding Resolution No. 8832 certifying and
adopting the Final Environmental Impact Report as being adequate and in
compliance with the California Environmental Quality Act ("CEQA") and
the State CEQA Guidelines, adopting CEQA Findings, adopting the Statement of
Overriding Considerations, and adopting the Mitigation Monitoring and Reporting
Program for Special Use Permits No. PSP 09-075 and PSP 12-39. Resolution No. 8833 conditionally approving
Special Use Permit PSP 09-075 for a solid waste composting facility
upgrade. Resolution No. 8834
conditionally approving Special Use Permit PSP No. 12-039 for an anaerobic
digester and a compressed natural gas facility.
Direct the Environmental Assessment Officer of the Tulare County
Resource Management Agency file the Notice of Determination for this matter.
(Consent Calendar)
CONSENT CALENDAR (Number 6 through 36)
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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Auditor-Controller/Registrar of Voters/Treasurer-Tax
Collector
6.
Redirect
small claims fee receipts to the Superior Court of California per California
Code of Civil Procedure (CCP) 116.230.
7.
Accept
the Treasurer's Investment Pool's Comprehensive Annual Financial Report (CAFR)
for Fiscal Year ended June 30, 2012.
8.
Approve
the Treasurer-Tax Collector's Statement of Investment Policy, Fiscal Year
2013/2014, pursuant to Government Code Section 53646. Approve the renewal of authority to the
Tulare County Treasurer-Tax Collector to invest and reinvest the funds of
Tulare County and funds of other depositors in the County Treasury, pursuant to
Government Code Section 27000.1.
9.
Approve
an agreement with the State of California Secretary of State to provide Federal
Help America Vote Act (HAVA) funds up to $27,550 to assist with Polling Place
Accessibility. Find that the Board has
the authority to enter into the proposed agreement as of July 1, 2013 or upon
approval by the Department of General Services, if required, whichever is
later, through December 31, 2014, and that it is in the County's best interest
to enter into the agreement.
Board of Supervisors
10.
Ratify
a Proclamation recognizing May 26, 2013 as Memorial Day in Tulare County.
11.
Reappoint
Robert Moore to the Tulare Public Cemetery District for a term ending January
2, 2017.
12.
Appoint
Greg Gillis-Smith to the Alpine Village-Sequoia Crest Community Service
District for a term ending December 6, 2013.
13.
Approve
amendments to the Tulare County Youth Commission Bylaws.
District Attorney
14.
Approve
the necessary budget adjustment for the Central Valley Rural Crime Prevention
Program in the amount of $35,997. (4/5ths vote required)
Fire Department
15.
Accept
grant funding in the amount of $277,398, with a County match of $55,479 from
the Federal Emergency Management Agency Assistance to Firefighters Grant. Find that the Board had authority to accept
the grant funding as of June 3, 2013, and that it was in the best interest of
the Board to accept the grant funding on that day.
16.
Accept
grant funding from the Tulare County Indian Gaming Local Community Benefit Committee
in the amount of $30,906.
Health & Human Services Agency
17.
Approve
an amendment to Agreement No. 23277 with Kings View Behavioral Health Systems,
in an amount not to exceed $1,290,000 for the provision of a Methadone
Maintenance Program from July 1, 2013 through June 30, 2016.
18.
Approve
an amendment to Agreement No. 25233 with the California Department of Public
Health for the Sexually Transmitted Disease (STD) Prevention and Control
Program to extend the term from July 1, 2013 through June 30, 2015 and increase
the total amount to $58,792.
19.
Approve
an amendment to Agreement No. 19958 with Hewlett Packard (HP) Enterprises, LLC
(previously known as Electronic Data Systems, EDS) to extend the term of the
agreement to July 31, 2015, for the continued provision of Development,
Implementation, Maintenance, and Operation Services for the CalWORKS
(California Work Opportunity and Responsibility to Kids) Information Network
(CalWIN) system.
20.
Approve
an amendment to Agreement No. 23165 with the State Department of Alcohol and
Drug Programs (ADP) to increase the agreement for Fiscal Year 2012/2013 by
$1,590,499 from $11,443,932 to $13,034,431 for a new multi-year contract total
of $16,722,043 for combined Drug/Medi-Cal (D/MC) and Net Negotiated Funds to
provide Substance Use Disorder (SUD) services, retroactive to July 1, 2012
through June 30, 2014. Find that the
Board had authority to enter into the proposed amendment as of July 1, 2012,
and that it was in the County's best interest to enter into the amendment on
that date.
21.
Approve
Memoranda of Understanding between the Tulare County Health & Human
Services Agency (HHSA) Child Welfare Services Division and Foster Family
Agencies to provide services on behalf of Child Welfare Services foster
children through cooperation, collaboration, and sharing of appropriate
information, retroactive from June 4, 2013 through June 30, 2016. These MOU's replace and supersede the
following previous agreements: Aspiranet, Inc., A Positive Attitude Outlook,
Inc., EMQ FamiliesFirst, Inc., Family Builders Foster Care, Inc., Golden State
Family Services, Inc., Gale Kuns Ministries, Inc. DBA The Grace Homes, Koinonia
Foster Homes, Inc., Pioneer Home Outreach, Inc., Promesa Behavioral Health,
North Star Family Center, Proteus Foster Family Agency, Quality Group Homes,
Inc., Transitions Children's Services, Valley Teen Ranch, Karing 4 Kids, Legacy
Behavioral Services, Inc., and Foster Care Advanced Care. Find that the Board had authority to enter
into the proposed agreement as of June 4, 2013, and that it was in the County's
best interest to enter into the agreement on that date.
Human Resources & Development
22.
Appoint
Supervisor J. Steven Worthley to replace Supervisor Allen Ishida on the San
Joaquin Valley Insurance Authority Board.
23.
Approve
a revision of the Joint Powers Agreement creating the San Joaquin Valley
Insurance Authority to add the Central San Joaquin Valley Risk Management
Authority as a party.
24.
Approve
a Side Letter Agreement between the County of Tulare and the Government Lawyers
Association of Workers (G-Law), Unit 8.
25.
Approve
a Memorandum of Understanding between the County of Tulare and the Tulare
County District Attorney Investigators Association (TCDAIA), Unit 5.
Information & Communications Technology
26.
Approve
three separate agreements with CVIN, LLC., effective June 11, 2013 for
construction, installation and maintenance of telecommunications facilities to
serve Tulare County Public Safety agencies, Library and Office of Education.
27.
Approve
an agreement with Orchard Software Corporation for the purchase of a Laboratory
Information Management System for the Public Health Laboratory in the amount of
$346,376, retroactive to June 1, 2013 to June 30, 2014. Find that the Board had authority to enter
into the proposed amendment as of June 1, 2013, and that it was in the County's
best interest to enter into the agreement on that date. Approve the expenses of necessary equipment
and out of state travel for system implementation and training.
Resource Management Agency
28.
Authorize
and direct the Resource Management Agency Director, Assistant Director,
Planning Branch, and the Grants and Development Manager to sign funds requests
and other documents necessary or required by the State Department of Housing
and Community Development for completion of the 2010 HOME Investment
Partnerships Project and Program grants.
29.
Authorize
the filing of Notice of Partial Non-Renewal for one (1) Land Conservation
Contract as provided in the Williamson Act.
Approve the execution of amendment to the Land Conservation Contract as
a condition of approval for the aforementioned partial non-renewal. The requests fulfill conditions resulting
from the approval of one parcel map:
PNR 13-001 - Williamson Act Contract No. 5912, Ag Preserve
No. 1765, located on the south side of Avenue 148, approximately 2,500 feet
east of Road 200, west of Porterville (Robert Stevens) (2.83 acres from 40.06
acres non-renewed as a condition of PPM 12-016) (40.06 acres in two parcels
subject to contract amendment).
30.
Authorize
the filing of amendments to the following three (3) Land Conservation Contracts
as provided by Board of Supervisors Resolution No. 2009-0091. Approve the
execution of amendment to the Land Conservation Contracts as a condition of
approval for the aforementioned partial non-renewal. The request fulfills
conditions resulting from the approval of three tentative parcel maps:
PPM 11-054 - Williamson Act Contract No. 3027, Agricultural
Preserve No. 405, located on the northeast corner of Avenue 272 and Road 48,
approximately 2 miles west of Visalia (John Moons) (condition of PPM 11-054),
347 acres in two parcels subject to contract amendment.
PPM 12-012 - Williamson Act Contract No. 5336, Agricultural
Preserve No. 1059, located on the southwest corner of Avenue 12 and Road 112,
approximately 1 mile northwest of Pixley (Atsma Living Trust) (condition of PPM
12-012), 160 acres in two parcels subject to contract amendment.
PPM 12-021 - Williamson Act Contract No. 3743, Agricultural
Preserve No. 554, located on the west side of Road 132 between Avenues 336 and
352, approximately 4.5 miles north of Visalia (Todd Parker) (condition of PPM
12-021), 80 acres in two parcels subject to contract amendment.
31.
Approve
an agreement with Moore Twining Associates in the amount of $35,000 for
analytical laboratory services, retroactive to July 1, 2012 through June 30,
2013. Find that the Board had the
authority to enter into the proposed agreement as of July 1, 2012, and that it
was in the County's best interest to enter into the agreement on that date.
32.
FOR
INFORMATION ONLY: Bid Opening results
for the Pixley Transportation Enhancement Project.
Contractor
|
Amount
|
Dawson Mauldin
|
$
262,605.00
|
Seal Rite Construction
|
$
266,445.00
|
DOD Construction
|
$
298,325.00
|
Lee's Paving
|
$
399,980.00
|
Engineers Estimate
|
$
209,380.00
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Sheriff/Coroner
33.
Approve
an amendment to Agreement No. 25242 with Tulare County Clandestine Laboratory
Enforcement Unit to extend the term of the operating agreement to June 30,
2013.
34.
Approve
an amendment to Agreement No. 25307 with United States Forest Service to
provide law enforcement services on Forest Service land in the amount of
$45,000, retroactive to October 1, 2012, through September 30, 2013. Find that the Board had the authority to
enter into the proposed agreement as of October 1, 2012, and that it was in the
County's best interest to enter into the agreement on that date.
35.
Approve
an amendment to Agreement No. 25086 with Canteen of Fresno to extend the term
of the agreement for inmate commissary services to June 30, 2014.
36.
Approve
a budget adjustment for the South Valley Marijuana Suppression Program in the
amount of $17, 664. Authorize the
necessary budget adjustments (4/5ths vote required).
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
37.
Request
from the Health & Human Services Agency to approve a revised organizational
structure and authorize the Human Resources and Development Department to
process the attached Personnel Resolution containing the adjustments to the
HHSA Aging Services personnel allocation effective June 28, 2013. The adjustments include the deletion of 1
Aging Services Program Assistant, 6 Program Aide II (Part Time), 1 Program Aide
II, 1 Attorney, Aging Services, 1 Social Services Worker II, 3 Vacant Positions
(1 Social Services Worker II, 1 Senior Services Specialist, 1 Program Aide II);
and 1 Senior Nutrition Services Supervisor effective July 26, 2013. Authorize the Human Resources and Development
Department to initiate the County's layoff process; meet and confer with the
affected unions and where possible provide alternate employment within the
County Service. Authorize the County Administrative Office and Auditor's Office
to make adjustments in the budget for Fiscal Year 2013/2014, to be included
with final adoption of the County budget in September 2013.
38.
Request
from Health and Human Services Agency to
approve an agreement with Corizon Health, Inc., d.b.a. Corizon to provide
Comprehensive Health and Mental Health Care Services for the Tulare County
Criminal Justice facilities from July 1,
2013 through June 30, 2016 for an amount not to exceed $9,352,904 for the
Fiscal Year from July 1, 2013 through June 30, 2014; $9,855,789 for the Fiscal
Year from July 1, 2014 through June 30, 2015; and $10,151,463 for the Fiscal
Year from July 1, 2015 through June 30, 2016.
Approve the Personnel Resolution to delete the following
allocations: 2 Alcohol and Drug
Specialists, 1 Crisis Service Worker, 2 Dental Assistants, 4 Medication Aides,
1 Mental Health Case Manager II, 1 Mental Health Case Manager III, 2 Mental
Health Technician IIs, 1 Supervising Nurse, 23 Nurses - Licensed Vocational, 9
Nurses - Registered, 1 Nurse - Registered - Lead, 3 Office Assistant IIs, 1
Office Assistant III, 2 Office Assistant IVs, and 5 Social Workers - Licensed
for a total of 58 allocations. Authorize
the Health and Human Services Agency Director and/or the Human Resources
Director to extend or rescind notice of layoff as necessary. Approve the notice to Diamond Pharmacy
Services, terminating Agreement No.25799 with Diamond Pharmacy Services,
effective at least ninety (90) days from the date notice is given, and
authorize the Chairman to sign the notice of termination.
39.
Request
from the County Administrative Office to establish the following Hours of
Operation effective June 17, 2013 for the Board of Supervisors and County
Administrative Office: Monday through
Thursday 7:30 a.m. - 5:30 p.m. and Friday 8:00
a.m. - 12:00 p.m. Authorize Board of
Supervisors and County Administrative Office employees to work nine hours per
day, Monday through Thursday and four hours on Friday (4-9's plus 4). Authorize the County Administrative Officer
to approve limited flexing of the "4-9's plus 4" plan including four
ten-hour days where Friday coverage is not adversely affected.
40.
Receive
a presentation by the Resource Management Agency, Public Works Branch on the
Flood Control Projects.
(Closed Session)
CLOSED SESSION
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: 1
Potential for a conflict of interest required by 24 Code of
Federal Regulations (CFR) Section 570.611 regarding the sale of Neighborhood
Stabilization Program 1 assisted properties located at 1498 Baywood Avenue in
Tulare to Daniel Risetter (Title and Administration Technician I, Tulare County
Assessor’s Office); and 41777 Wilsonia Avenue in Orosi to Federico Ortega, III
(Extra Help Fire Fighter, Tulare County Fire Department). Board of Supervisors
Public Hearing, June 11, 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: 2
Appeal of Planning Commission decision regarding Harvest
Power’s Solid Waste Composting facility upgrade, anaerobic digester and
compressed natural gas facility. Board of Supervisors Public Hearing, June 11,
2013
Next Item(s)
Sitting as...
ITEM
C
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
D
CONFERENCE WITHLEGAL
COUNSEL - INITIATION OF LITIGATION
Details
[Government
Code Section 54956.9 (d)(4)]
Number of
Potential Cases: 1
Next Item(s)
Sitting as...
ITEM
E
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9 (d)(2)]
Number of
Potential Cases: 1
Complainant
filed a DFEH and EEOC complaint which alleges discrimination and harassment
based on age and disability
Next Item(s)
Sitting as...
ITEM
F
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
G
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...