MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

CONNIE CONWAY - Chairman

District Two

 

PHILLIP A. COX

District Three

 

J. STEVEN WORTHLEY

District Four

 

MIKE ENNIS

District Five

 

 

Board of Supervisors

 

Agenda

 

 

 

 

JEAN ROUSSEAU

County Administrator

 

KATHLEEN BALES-LANGE

County Counsel


MICHELLE BALDWIN

Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA  93291

(559) 733-6271

FAX (559) 733-6898


SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS, AND

THE TULARE COUNTY REDEVELOPMENT AGENCY

 

April 22, 2008

 

9:00 A.M. Board Convenes

 

PLEDGE OF ALLEGIANCE

 

Moment of Silence

 

 

 

NOTICE TO THE PUBLIC

PUBLIC COMMENT PERIOD

At this time, members of the public may comment on any item not appearing on the agenda.  Under state law, matters presented under this item cannot be discussed or acted upon by the Board at this time.  For items appearing on the agenda, the public is invited to make comments at the time the item comes up for Board consideration.  Any person addressing the Board will be limited to a maximum of three (3) minutes so that all interested parties have an opportunity to speak.  At all times, please use the microphone and state your name and address for the record.


(Timed Items)


1.                  PUBLIC HEARING:         Request from Resource Management Agency for consideration of Vesting Tentative Subdivision Map for Tract No. TM 782, for the division of approximately 40 acres into 8 residential lots and a 20-acre remainder lot, in the R-A (Rural Residential) and AE-40 (Exclusive Agricultural-40 acre minimum) Zones, located on the southeast corner of Avenue 144 (Poplar Avenue) and Road 112 (Wesling Road), west of Tipton.  Certify that it has reviewed and considered the information contained in the Mitigated Negative Declaration for the proposed tentative map, together with any comments received during the public review process, in compliance with the California Environmental Quality Act and the State Guidelines for the Implementation of the California Environmental Quality Act of 1970 prior to taking action on the Tentative Map.  Find there is no substantial evidence that said tentative map will have a significant effect on the environment that cannot be mitigated to a level that is less than significant and determine that the Mitigated Negative Declaration reflects the independent judgment of the County and has been completed in compliance with the California Environmental Quality Act and the State Guidelines for the Implementation of the California Environmental Quality Act of 1970.  Adopt the findings for approval as set forth in Planning Commission Resolution No. 8295.  Approve Vesting Tentative Map for Tract No. 782, subject to the conditions recommended by the Planning Commission in Resolution No. 8295.  Direct the Clerk of the Board of Supervisors to return the Notice of Determination to the Resource Management Agency for future filing with the County Clerk.

(Consent Calendar)

CONSENT CALENDAR (Number 2 through 15)

 

 

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.

 

 

Auditor-Controller/Registrar of Voters

2.                  Consolidate the Local Measures, with the Primary Election and any other election which may be held within the jurisdiction of said Districts on Tuesday, June 3, 2008.  Authorize the election official to perform all necessary and required services to the aforementioned Districts relating to the conduct of the Local Measures and Primary Election.  Consent to the consolidation of these elections and the procedures to be used in the conduct of the consolidated election, and said consolidation shall adhere to the following provisions and those set forth in Section 10400 and following of the Elections Code.  Agree that each individual District shall reimburse the County in full for the services performed in connection with these elections, upon presentation of a bill from the election official to the District.  Agree that the election official will prepare a certified statement of the results of the election and submit it to each governing body within 28 days of the election.  Agree that the elections are to be consolidated as set forth above.


Board of Supervisors

3.                  Ratify the following Proclamations:  Honoring Visalia Fire Department Battalion Chief Doyle Sewell American Red Cross - Fire Rescue Hero; Honoring Roy Rockholt American Red Cross - Spirit of the Red Cross Hero; Honoring Visalia Fire Department, Captain Miguel Oseguera American Red Cross - Fire Rescue Hero; Honoring Justin Mosley American Red Cross - Adult Good Samaritan Hero; Honoring Visalia Fire Department, Firefighter Dameon Malek American Red Cross - Fire Rescue Hero; Honoring Keith Jones American Red Cross Medical Hero; Honoring Visalia Fire Department, Captain Darrin Hughes American Red Cross - Fire Rescue Hero; Honoring Eliseo Guerrero American Red Cross - Adult Good Samaritan Hero; Honoring Visalia Fire Department Firefighter Chris Fischer American Red Cross - Fire Rescue Hero; Honoring Judy Sinyard American Red Cross - Adult Good Samaritan Hero; Honoring Helma Rump American Red Cross - Animal Rescue Hero; and Honoring The Porterville Recorder on its 100th Anniversary.

Health & Human Services Agency

4.                  Ratify and approve an amendment to Agreement No. 23317 for $143,000 with the Department of Health Services (DHS), Office of Aids, to receive Ryan White, Title II funds to increase the availability of primary health care and support services to people living with HIV, retroactive to April 1, 2007 through March 31, 2010.  Find that the Board had authority to enter into the proposed agreement as of April 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

Human Resources & Development

5.                  Ratify, approve and authorize the Human Resources Director to sign the applications and agreement with Wells Fargo Bank and Sterling HSA to serve as the County's authorized Health Savings Account Vendors pending review and approval by County Counsel.  Find that the Board had authority to authorize the Human Resources Director to sign the applications and enter into the proposed agreement as of January 1, 2008, and that it was in the County's best interest to enter into the agreements on that date.     a;lksdj;lfkja;lskdjf

Resource Management Agency

6.                  Ratify and approve an agreement with the State of California, Department of Transportation for the Bicycle Transportation Account Project in the amount of $60,000 for cost reimbursement to stripe bike lanes on Avenue 416 from Dinuba City Limit to Orosi, retroactive to July 1, 2007.  Find that the Board had the authority to enter into the proposed agreement as of July 1, 2007, and that it was in the County's best interest to enter into the agreement on that date.

7.                  Approve Plans and Specifications for the Sequoia Field Airport Runway Reconstruction Project.  Provide authorization to go to bid for reconstruction of the runway.

8.                  Accept the required public improvements as complete and accept the roads into the County Road System for Subdivision Tract No. 772, located on the southwest corner of Road 122 and Avenue 322, north of the City of Visalia.

9.                  Approve an agreement with Dennis L. Warkentin and Elizabeth J. Warkentin, Co-Trustees of the Dennis and Elizabeth Warkentin Living Trust created on September 26, 2007 for the purchase of Real Property/Right of Way, Road 56 & Avenue 416 Intersection Project.  Authorize the Resource Management Agency Director or his designee to open an escrow and sign all documents to facilitate the escrow for this acquisition.  Direct the Auditor to draw a warrant in the amount of $30,800 in favor of Chicago Title Company.

10.             Approve an agreement with EBA Engineering in the amount of $342,507 to provide independent third party Construction Quality Assurance services for the construction of the Phase 2 Expansion of the Visalia Landfill.

11.             Award and approve a construction contract to the lowest responsible bidder, Wood Brothers, Inc. in the amount of $8,596,334.36 for the construction of Visalia Landfill Phase 2 Expansion.  Authorize the Chairman to sign the contract upon receipt of approved certification of insurance, bonds, and evidence that the Contractor possesses a valid State Contractor's license.  Approve funds for contingencies of 5% of the contract amount to cover the cost of unexpected construction conditions.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS, AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

12.             Determine that the Draft Environmental Impact Report (DEIR) for the proposed Tipton Redevelopment Project Area is adequate and approve it for circulation.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY, AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

13.             Ratify and approve an amendment to Agreement No. 23051 for $50,000 with the United States Forest Service to provide law enforcement services on National Forest Service land, retroactive to October 1, 2007 through September 30, 2008.  Find that the Board had authority to enter into the proposed agreement as of October 1, 2007, and that it was in the County's best interest to enter into the agreement on that date.

14.             Ratify and approve an amendment to Agreement No. 23050 for $50,000 with the United States Forest Service for operations to suppress manufacturing and trafficking of controlled substances on or affecting National Forest Service land, retroactive to October 1, 2007 through September 30, 2008.  Find that the Board had authority to enter into the proposed agreement as of October 1, 2007, and that it was in the County's best interest to enter into the agreement on that date.

15.             Ratify and approve an amendment to Agreement No. 23118 for $43,994 with the United States Army Corps of Engineers for law enforcement services at Success Lake Recreation Area, retroactive to April 1, 2008 through September 30, 2008.  Find that the Board had authority to enter into the agreement on that date, and that it was in the County's best interest to enter into the agreement on that date.

(Items Not Timed)


 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

16.             Request from Resource Management Agency to receive and file a report on the 2006 solid waste diversion rate for the Consolidated Waste Management Authority and the 2007 solid waste diversion rate for the Tulare County licensed haulers.

17.             Public Comments

18.             Board of Supervisors matters.

(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

 

CLOSED SESSION

It is the intention of the Board to meet in closed session concerning:

 

Sitting as the Tulare County Board of Supervisors

Next Item(s) Sitting as...

ITEM A

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation (Government Code Section 54956.9(b)(1).)           

Number of Potential Cases: 1

Brenda Biesterfeld - release from employment during probation

ITEM B

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation (Government Code Section 54956.9(b)(1).)           

Number of Potential Cases: 1

Vesting Tentative Subdivision Map Application for Tract No. TM 782 in Tipton. (Board of Supervisors Agenda Item, April 22, 2008.)

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ITEM C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation (Government Code Section 54956.9(b)(1).)           

Number of Potential Cases:  1

Confidential Administrative Investigation

ITEM D

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Tim Huntley, Jean Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected

 

Next Item(s) Sitting as...