(Public Comment Period)
9:30 A.M. – TIMED ITEMS
(Timed Items)
1.
PUBLIC
HEARING: Request from the Resource Management
Agency to deny an appeal filed by the City of Tulare and uphold the Zoning Administrator's
approval of Special Use Permit No. PSP 08-010 (ZA) to allow the temporary use
(two years) of a recreational vehicle as a dwelling unit on an approximately
7,500 sq. ft. parcel in the AE-20 (Exclusive Agricultural - 20 acre minimum)
Zone, on property located on the east side of Road 96 (South Pratt Street),
approximately 525 feet north of West Wade Avenue, southwest of Tulare.
2.
PUBLIC
HEARING: Request from the Resource Management Agency regarding
consideration of Tentative Subdivision Map for Tract No. TM 795 to divide 27.72
acres into 25 lots proposed for single family dwellings in the PD-F-M (Planned
Development - Foothill Combining - Special Mobilehome) Zone with exceptions
pertaining to curb and gutter and maximum cul-de-sac length, submitted by
George Costa, 33221 Globe Drive, Springville, CA 93265, located on the west
side of Globe Drive, approximately one mile south of State Highway 190,
Springville. Adopt by reference the
findings as set forth in Planning Commission Resolution No. 8288, and as set
forth in the draft resolution for approval.
Approve a correction to Planning Commission Resolution No. 8288, Page 1,
Paragraph 7 by changing the verbiage which indicates that, "…the public
hearing was closed" to "…the public comment period was
closed". Find there is no
substantial evidence that said Tentative Subdivision will have a significant
effect on the environment and certify the Mitigated Negative Declaration
prepared for the project in compliance with the California Environmental
Quality Act of 1970, as amended. Approve
the Tentative Map for Tract No. 795 with exceptions pertaining to requirements
of curb and gutter and maximum cul-de-sac length, subject to the conditions
recommended by the Planning Commission in Resolution No. 8288 and as set forth
in the draft resolution for approval.
Direct the Clerk of the Board of Supervisors to return the Notice of
Determination to the Resource Management Agency for future filing with the
Recorder Clerk.
(Consent Calendar)
CONSENT CALENDAR (Number 3 through 23)
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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
3.
Ratify
and approve an agreement with California Department of Food and Agriculture for
the purpose of regulating maturity and freeze damage of all oranges, lemons,
and mandarins being produced and/or processed in the County, retroactive to
July 1, 2008 through June 30, 2009. Find
that the Board had authority to enter into the proposed agreement as of July 1,
2008 and that it was in the County's best interest to enter into the agreement
on that date. Authorize the Chairman to
sign Form CCC 307, Contractor Certification Clauses.
4.
Ratify
and approve an agreement with the California Department of Food and Agriculture
for County Petroleum Products Compliance and Weighmaster Enforcement Programs
retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter
into the proposed agreement as of July 1, 2008 and that it was in the County's
best interest to enter into the agreement on that date. Authorize the Chairman of the Board to sign
Form CCC-307, Contractor Certification Clauses.
Auditor-Controller/Treasurer-Tax Collector/Registrar of
Voters
5.
Ratify
and approve an agreement with Superior Court of California, County of Tulare
for Banking Services, retroactive to
February 1, 2006 and automatically renews annually. Find that the Board had authority to enter
into the Agreement as of February 1, 2006, and that it was in the County's best
interest to enter into the agreement on that date.
6.
Request
from the Registrar of Voters to approve the candidate statement regulations and
printing fees for the November 4, 2008 General Election. Require each candidate filing a statement to
pay the estimated cost in advance. The
estimated cost will be adjusted to actual upon completion of the election. Candidates will be refunded or billed for the
difference. Limit each candidate's
statement to no more than 200 words for County Offices and 250 words for State
Offices.
Board of Supervisors
7.
Ratify
the following Proclamations: Honoring the Sequoia National Forest on its 100th
Anniversary and Honoring Land O'Lakes, Inc. on its 10th Anniversary in Tulare.
8.
Request
from the Economic Development Corporation to approve an amendment to the Fiscal
Year 2007/2008 Comprehensive Economic Development Strategy Report to include
the City of Tulare's infrastructure project.
9.
Reappoint
Richard Gress to the Agricultural Advisory Committee as representative of the
Solid Waste Committee for a term ending June 30, 2012.
County Administrative Office
10.
Ratify
the actions taken by the County Administrative Officer during the month of June
2008.
11.
Accept
the donation of $10,000 from the Community for Youth Foundation for the
Ledbetter Skate Board Facility. Approve
the expenditure of $23,278 from Capital Projects to complete the project. Authorize the County Purchasing Agent to
complete the required agreements to complete the project.
Health & Human Services Agency
12.
Reaffirm
declaration of state of emergency in the Tulare County Drought Resolution No.
2008-0472 adopted June 24, 2008.
13.
Ratify
and approve an amendment to Agreement No. 21706 with Tulare County
Superintendent of Schools to increase the contract amount by $91,767 to a
maximum contract amount of $460,697, extend the term of the agreement to June
30, 2009, and update Exhibits "A-1" and "B", for the
Administration of the More Opportunities for Viable Employment (MOVE) Program
to assist families seeking employment opportunities outside of Tulare County
and the State of California, retroactive to July 1, 2008 through June 30,
2009. Find that the Board had authority
to enter into the proposed agreement as of July 1, 2008 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. 21965 with Addiction Research and
Treatment, Inc d.b.a. BAART, for the provision of a Drug/Medi-Cal methadone and
Drug/Medi-Cal Perinatal methadone maintenance program for opioid dependent
individuals ages eighteen (18) and older, to extend the term of the agreement
to June 30, 2009, and update Exhibits "A", "B", and
"D", retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter
into the proposed agreement as of July 1, 2008 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. 22801 with Families First, Inc. to
extend the term of the agreement to June 30, 2009, to provide Mental Health
Services Act services of providing transitional supportive housing for transitional
age youth (TAY) consumers of mental health services, retroactive to July 1,
2008 through June 30, 2009. Find that
the Board had authority to enter into the proposed agreement as of July 1, 2008
and that it was in the County's best interest to enter into the agreement on
that date.
Probation
16.
Ratify
and approve an amendment to Agreement No. 23448 with the City of Visalia for
services provided by the Probation Department Juvenile Work Program retroactive
to July 1, 2008 through June 30, 2009.
Find that the Board had authority to enter into the proposed agreement
as of July 1, 2008 and that it was in the County's best interest to enter into
the agreement on that date.
17.
Ratify
and approve an amendment to Agreement No. 21656 with the City of Dinuba and
Agreement No. 21720 with the City of Farmersville to provide the services of
Probation Officers for the continued operation of the Thunderbolt Delinquency
Prevention Program retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter
into the proposed agreements as of July 1, 2008 and that it was in the County's
best interest to enter into the agreement on that date.
Purchasing
18.
Approve
the State & Federal Surplus Property Program Eligibility Renewal
Application.
Resource Management Agency
19.
Ratify
and approve the 2008/2009 Transit Agreement with the Kings/Tulare Area Agency
on Aging (K/TAAA) to provide transit service to County residents, retroactive
to July 1, 2008. Find that the Board had
authority to enter into the proposed agreement as of July 1, 2008 and that it
was in the County's best interest to enter into the agreement as of that date.
20.
Approve
an agreement for Purchase of Temporary Construction Easement from Ernesto
Alvarez Ochoa and Teresa Sanchez Ochoa for the Road 80 Widening Project in the
amount of $500. Authorize County Counsel
to sign the Temporary Construction Easement acceptance upon presentation. 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 $500 in favor of Ernesto Alvarez Ochoa and Teresa
Sanchez Ochoa.
21.
Authorize
PZI 07-007 (Gonzalez/Lindsay) to proceed with an application for a change of
zone from AE-20 (Exclusive Agriculture - 20 acre minimum) to C-3 (Service
Commercial) on a 4.33-acre property located south of the City of Lindsay, north
of the Community of Strathmore, west of Orange Belt Drive at the southeast
corner of the intersection of State Highway 65 and Avenue 208.
Sheriff/Coroner
22.
Ratify
and approve an amendment to Agreement No. 23458 with United States Department
of Justice, Drug Enforcement Administration, in the amount of $10,000,
retroactive to January 1, 2008 and extending through December 31, 2008. Accept additional funding of $10,000 from the
United States Department of Justice, Drug Enforcement Administration for
marijuana eradication. Find that the
Board had authority to enter into the proposed agreement as of January 1, 2008
and that it was in the County's best interest to enter into the Agreement on
that date.
23.
Ratify
and approve an amendment to Agreement No. 17435 with Visalia Unified School
District to provide instructional services to Tulare County inmates,
retroactive to July 1, 2008 through June 30, 2009. Find that the Board had the authority to
enter into the proposed agreement on July 1, 2008 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
24.
Request
from the Resource Management Agency to authorize the filing of Notices of
Partial Non-renewal for Land Conservation Contracts as provided in the
Williamson Act as follows:
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PNR 06-002- Williamson
Act Contract No. 09532, Ag Preserve 03253, east of
Strathmore (Hughey).
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PNR 06-003- Williamson
Act Contract No. 05035, Ag Preserve 01383, south of Dinuba (Schellenberg).
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PNR 06-005- Williamson
Act Contract No. 09535, Ag Preserve 03250, southeast of Lindsey (Hill).
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PNR 06-009- Williamson
Act Contract No. 09665, Ag Preserve 03316, north of Springville (Mulholland).
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PNR 06-010- Williamson
Act Contract No. 04163, Ag Preserve 01025, southwest of Dinuba (Mello).
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PNR 06-015- Williamson
Act Contract No. 03123, Ag Preserve 00594, south of Cutler-Orosi (Edwards).
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PNR 06-016- Williamson
Act Contract No. 08013, Ag Preserve 02672, north of Tulare (Cardoza).
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PNR 06-018- Williamson
Act Contract No. 10216, Ag Preserve 03507, north of Cutler-Orosi (Gonzalez).
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PNR 06-019- Williamson
Act Contract No. 08623, Ag Preserve 02990, northwest of Ducor (Carlisle).
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PNR 06-020- Williamson
Act Contract No. 05557, Ag Preserve 01394, east of Lindsay (Hertzler).
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PNR 06-021- Williamson
Act Contract No. 06158, Ag Preserve 01895, southwest of Dinuba (Huckabay).
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PNR 06-023- Williamson
Act Contract No. 01267, Ag Preserve 05029, east of Ivanhoe (Gilbert).
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PNR 06-024- Williamson
Act Contract No. 04172, Ag Preserve 01056, southeast of Terra Bella (Foltz,
Bluekle).
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PNR 06-030- Williamson
Act Contract No. 07392, Ag Preserve 00059, southeast of Exeter (Dreyer).
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PNR 06-031- Williamson
Act Contract No. 06932, Ag Preserve 02363, northwest of Traver (Pereschica).
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25.
Request
from the Auditor-Controller/Treasurer-Tax Collector for authorization, pursuant
to Revenue and Taxation Code section 2613, to collect property taxes at all
County offices where reasonably feasible, subject to approval by the County
Administrative Office. Authorize the
Auditor-Controller/Treasurer-Tax Collector and the County Purchasing Agent to
negotiate potential agreements with banks, credit bureaus, and other private
financial institutions within California that offer efficient and secure
collection and lockbox services that will facilitate the convenient and secure
payment of property taxes by taxpayers.
Authorize the Auditor-Controller/Treasurer-Tax Collector and the County
Purchasing Agent to negotiate potential agreements for the acquisition of
credit and debit card payment processing equipment and/or services. Authorize the
Auditor-Controller/Treasurer-Tax Collector to apply for any available grants to
help offset associated costs to the County for tax collection services and equipment.
26.
Request
from Information Technology to approve a lease purchase agreement with Key
Government Finance in the amount of $45,849 per quarter, effective July 22,
2008 through July 31, 2013, which includes Local area network (LAN) equipment,
gateways and UPS's (5 year technical refresh lease option to refresh after 4
years), $1 buyout lease with no payments for 6 months for Infrastructure
upgrade equipment for all departments except Tulare County Health and Human
Services Agency. Ratify and approve a
lease purchase agreement with Key Government Finance in the amount of of
$45,620 per quarter, effective July 1, 2008 through April 30, 2015, which
includes telephone equipment (for 7 years) and Smartnet (for 5 years), with a
$1 buyout and no payments for six months for the completion of Voice over
Internet Protocol installation for all departments, except Tulare County Health
and Human Services. Find that the Board
had authority as of July 1, 2008 and that it was in the County's best interest
to enter into the agreement on that date.
27.
Request
from County Administrative Office to deny the bid protest of Nations Roof
West. Award the contract for the Visalia
Library Roof Project to the lowest responsible bidder, Tri-Counties Roofing,
332 No. Bridge Street, Visalia, CA 93291 in the amount of $209,361. Authorize the Chairman to sign the
construction agreement upon receipt of certificates of insurance, bonds license
verification and contract after review and approval as to form by County
Counsel.
28.
Presentation
of Grant Funding by Resource Management Agency Community Development and
Redevelopment.
29.
INFORMATION
ONLY: Bid opening results for the Road
80 Widening Project.
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Lee's Paving
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$7,855,277.00
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Teichert Construction
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$7,895,046.00
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Emmett's Excavation
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$7,954,611.00
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R.J. Berry Jr., Inc.
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$8,086,180.60
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Security Paving Company, Inc.
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$8,090,946.80
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Granite Construction Company
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$8,319,997.00
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American Paving Co.
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$8,332,413.60
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Papich Construction Company, Inc.
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$8,393,035.65
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Construction Development Systems
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$8,421,089.40
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Agee Construction Corporation
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$8,646,332.40
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W. Jaxon Baker, Inc.
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$8,890,451.00
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Lewis C. Nelson & Sons, Inc.
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$9,610,858.19
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Wood Bros., Inc.
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$9,740,773.00
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Engineer's Estimate:
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$12,207,438.00
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30.
Board
of Supervisors matters.
31.
Public
Comments.
(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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CLOSED SESSION
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(b)(1).)
Number of
Potential Cases: 1
Appeal of
Zoning Administrator Decision by City of Tulare
regarding Special Use Permit No. PSP 08-10 (ZA). Applicant Angel Portillo. Board of Supervisors Agenda Item, July 22,
2008.
Next Item(s)
Sitting as...
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
Public
Hearing on Tentative Subdivision Map TM-795 for George Costa
(Springville). July 22, 2008 Board of
Supervisors Agenda Item.
Next Item(s)
Sitting as...
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
Notices of
Partial Non-Renewal of Agricultural Preserve Contracts. Board of Supervisors Agenda Item, July 22,
2008.
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9(b)(1).)
Number of
Potential Cases:
The bid
protest of Nations Roof West and the Award of the Visalia Library Roof
Project. See July 22, 2008 Agenda Item
Subject: Capital Projects - Visalia Library Roof
Project Bid Award.
Next Item(s)
Sitting as...
ITEM
E
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9(a).)
Name of
Case: Gustavo A. Garcia v. County
of Tulare
Eastern
District Federal Court Case Number 1:08-CV-00940-AWI-SMS
Next Item(s)
Sitting as...
ITEM
F
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9(a).)
Name of
Case: Morales/Brown, Jennifer, As An Individual
Department
of Fair Employment and Housing Complaint Number E200708C1358-01-pe
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9(b)(1).)
Number of
Potential Cases: 1
Next Item(s)
Sitting as...
ITEM
H
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9(b)(1).)
Number of
Potential Cases: 4
Next Item(s)
Sitting as...
ITEM
I
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9(b)(1).)
Number of
Potential Cases: 2
Next Item(s)
Sitting as...
ITEM
J
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property:
A 9.2 mile rail line between near Exeter,
milepost 259.40 and near Strathmore milepost 268.60 in Tulare County
Agency
Negotiator: Henry Hash
Negotiating
Parties: San Joaquin Valley Railroad Company
Under
Negotiation: Price, Terms of Payment and Other: Operations
Next Item(s)
Sitting as...
ITEM
K
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property:
A 30.57 mile line of railroad between Strathmore,
CA milepost 268.60 and Jovista
CA milepost 299.17 in Tulare County
Agency
Negotiator: Henry Hash
Negotiating
Parties: San Joaquin Valley Railroad Company
Under
Negotiation: Price, Terms of Payment and Other: Operations
ITEM
L
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...
