(Timed Items)
9:30 A.M. – TIMED ITEMS
1.
PUBLIC
HEARING Request from Resource Management Agency for consideration of
sewer and water user fee adjustments for specific County Service Area Zones of
Benefit (El Rancho, Seville, Tonyville, Tooleville, Yettem and Wells Tract sewer
systems in addition to the Delft Colony and Yettem water systems). Approve the
proposed fees effective August 1, 2008.
2.
PUBLIC
HEARING Request from Resource Management Agency to review and
receive public comment on the Community Development Block Grant (CDBG) Annual
Grantee Performance Reports for Grant Nos. 05-EDBG-1976, 05-STBG-1563,
06-STBG-2598, 07-FREZ-2980 and the Program Income Revolving Loan Accounts
(RLAs). Approve the Annual Grantee
Performance Reports and authorize the Chairman of the Board to sign the reports
for submittal to the State Department of Housing and Community Development
(HCD). Review the 2008-2009 Project
Consideration List.
3.
PUBLIC
HEARING Request from Resource Management Agency to review and
consider an amendment to the Tulare County Zoning Ordinance No. 352 for Change
of Zone No. PZ 07-005, for Western Ag Realty.
Certify that the Board has reviewed and considered the information
contained in the Mitigated Negative Declaration for the proposed Change of Zone
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 Change of Zone. Find there is no substantial evidence that
said Change of Zone will have a significant effect on the environment 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. Waive the final reading and adopt an
amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance for Change
of Zone No. PZ 07-005, from AE-20 (Exclusive Agricultural-20 acre minimum) to
R-1 (Single Family Residential) and C-3-SR (Neighborhood Commercial-Site Plan
Review), on a 64.1-acre parcel, located on the north side of Avenue 144 (State
Highway 190/Poplar Avenue), approximately 350 feet west of Road 190 (Hale
Avenue), In Poplar. Adopt the findings
for approval for the Change of Zone, as set forth in Planning Commission
Resolution No. 8334. Direct the Clerk of
the Board of Supervisors to publish the adopted Ordinance and return the signed
Notice of Determination to Resource Management Agency.
(Consent Calendar)
CONSENT CALENDAR (Number 4 through 25)
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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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Board of Supervisors
4.
Adopt
a resolution opposing Senate Bill X3 16 by Senator Dave Cox, which would place
an initiative on the ballot to eliminate local First 5 Commissions.
5.
Appoint
David Claxton to the Agricultural Advisory Committee as representative of
Planning and Development to serve at the pleasure of the Board.
Health & Human Services Agency
6.
Approve
an agreement with Tulare Children's Medical Clinic Pediatric Center through
June 30, 2013 to expand pediatric clinic services in Tulare County that is
consistent with the Agency's mission to provide health care access to the
underserved. Authorize the Tulare County
Health and Human Services to file for Community Health Clinic License. Authorize the Tulare County Health and Human
Services Agency Director to apply for Federally qualified Health Center
designation for the proposed Tulare Clinic Site. Approve the necessary budget adjustments. (4/5th votes)
7.
Authorize
the submittal of the application to the Hazard Mitigation Grant Program DR-1731
grant in the amount of $150,000 for the purpose of developing a
Multi-Jurisdictional Local Hazard Mitigation plan. Authorize the Board of Supervisors Chairman
to sign all grant application documents necessary to secure grant funds.
8.
Ratify
and approve an agreement for the receipt of Emergency Medical Services
Appropriation (EMSA) funding for Fiscal Year 2007/2008 provided by the EMSA
"Fiscal Year 2007/2008 County Allocation" letter dated September 15,
2007 to continue to compensate medical providers for care which otherwise would
have been provided by them at no compensation (bad dept claims), retroactive to
July 1, 2007. Find that the Board had
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.
Purchasing
9.
Approve
a trial paper recycling program for 180 days.
The trial paper recycling program will give the employees the
opportunity to be more involved in the process of Tulare County's Going Green
Recycling Program to help clean the environment.
Resource Management Agency
10.
Approve
a Lease Agreement with Prem Kamboj and Meena Kamboj for office space located at
1008 Cherry Street, in the City of Tulare in the amount of $4,576 per month
(1.60 per square foot/$54,912 annually) plus utilities, telephone, electronic
monitoring and custodial services.
11.
Approve
an agreement with Orosi Public Utility District to accept funds in the amount
of $23,520 for replacement of road surfacing during construction of the
sanitary sewer lines on Walnut Avenue between Road 128 and Road 130 in the
community of Orosi.
12.
Approve
an agreement with Saucelito Irrigation District and Frasinetto Farms, LLC for
the transfer and conveyance of water.
Authorize the Resource Management Agency and Dennis R. Keller to take
necessary actions to comply with the provisions of the Agreements.
13.
Approve
an agreement with Dudley Ridge Water District for the transfer and conveyance
of water. Authorize the Resource
Management Agency and Dennis R. Keller to take necessary actions to comply with
the provisions of the agreement.
14.
Approve
the Pipeline Development Agreement with Alta Irrigation District for the
reconstruction of a portion of the Alta Irrigation District Pipeline associated
with the Avenue 416 & Road 56 Intersection Traffic Signal Project. Approve the Escrow Agreement with Alta
Irrigation District in conformance with the Pipeline Development Agreement.
15.
Approve
and award the contract for construction of Road 80 from Avenue 304 to north of
Avenue 328 to the lowest responsive and responsible bidder, Lee's Paving, Inc.
of Visalia, California, in the amount of
$7,855,277. Authorize the Chairman to
sign the contract after review and approval as to form by County Counsel and
upon receipt of certificates of insurance, bonds and evidence that the
contractor possesses a valid State Contractor's license.
16.
Approve
and award the contract to the lowest responsive and responsible bidder, Menefee
Construction, City of Fowler, in the amount of $1,787,982.34; for construction
of the Avenue 416 & Road 56 intersection Traffic Signal Project. Authorize the Chairman to sign the contract
after review and approval as to form by County Counsel and upon receipt of
certificates of insurance, bonds and evidence that the contractor possesses a
valid State Contractor's license. Allow
funds for a contingency in the amount of $179,000 (10%) to cover unexpected
construction conditions.
17.
Approve
an agreement in the amount of $152,174 with Self Help Enterprises (SHE) for
implementation of a Water Connection Program in Plainview funded by the
County's Community Development Block Grant (CDBG) Grant No. 06-STBG-2598.
18.
Certify,
approve, and adopt the Mitigated Negative Declaration and Mitigation Monitoring
Checklist for the Pixley Redevelopment Plan First Amendment. Introduce and waive the first reading of the
proposed uncodified Ordinance of the Tulare County Code pertaining to the
adoption of the Pixley Redevelopment Plan First Amendment. Set a Joint Public Hearing with the
Redevelopment Agency Board of Directors for August 12, 2008 at 9:30 a.m. for
the second reading and adoption of the proposed uncodified Ordinance of the
Tulare County Code pertaining to the adoption of the Pixley Redevelopment Plan
First Amendment.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS, AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
19.
Certify,
approve, and adopt the reports pursuant to Community Redevelopment Law for the
Pixley Redevelopment Plan First Amendment as follows: Preliminary Report; 33352
Report; Mitigated Negative declaration, pending approval by the Planning
Commission; and, Mitigation Monitoring Checklist. Introduce and waive the first reading of the
proposed uncodified Ordinance of the Tulare County Code pertaining to the
adoption of the Pixley Redevelopment Plan First Amendment. Set a Joint Public Hearing with the Board of
Supervisors for August 12, 2008 at 9:30 a.m. for the second reading and
adoption of the proposed uncodified Ordinance of the Tulare County Code
pertaining to the adoption of the Pixley Redevelopment Plan First Amendment.
20.
Approve
an Agreement for Phase I of a Community Improvement Program Project with
Community Services & Employment Training Inc. for installation of 1,970
linear feet of curb, gutter and sidewalk along Road 126 from Avenue 419 to
Avenue 422 in the amount of $262,002.78.
Approve an Agreement for Phase 2 of a Community Improvement Program
Project with Community Services & Employment Training Inc. for installation
of 1,250 linear feet of curb and gutter and 800 linear feet of sidewalk along
Avenue 419 from Road 126 to State Route 63 in the amount of $158,190.36.
21.
Adopt
the Preliminary Plan for the proposed Strathmore Redevelopment Project
Area. Adopt the boundaries for the
proposed Strathmore Redevelopment Project Area.
Direct staff to commence with preparation of the Strathmore
Redevelopment Plan. Authorize the
transmittal of information to the State Board of Equalization, Tulare County
Auditor, Assessor, Tax Collector and any other relevant taxing entities. Find that the inclusion of the selected
agricultural properties is consistent with Redevelopment purposes. Find that the inclusion of the selected
agricultural properties will not cause the removal of adjacent land, designated
for agricultural use in the County General Plan, from agricultural use. Find that the inclusion of the selected
agricultural properties is consistent with the County General Plan and
Strathmore Community Plan. Find that the
inclusion of the selected agricultural properties will result in a more
contiguous pattern of development. Find
that there is no proximate land that is not in agricultural use that is both
available and suitable for inclusion within the Project Area and is not already
proposed to be within the Project Area.
22.
Adopt
the Preliminary Plan for the proposed Terra Bella-Ducor Redevelopment Project
Area. Adopt the boundaries for the
proposed Terra Bella-Ducor Redevelopment Project Area. Direct staff to commence with preparation of
the Terra Bella-Ducor Redevelopment Plan.
Authorize the transmittal of information to the State Board of
Equalization, Tulare County Auditor, Assessor, Tax Collector and any other
relevant taxing entities. Find that the
inclusion of the selected agricultural properties is consistent with Redevelopment
purposes. Find that the inclusion of the
selected agricultural properties will not cause the removal of adjacent land,
designated for agricultural use in the County General Plan, from agricultural
use. Find that the inclusion of the
selected agricultural properties is consistent with the County General Plan and
Terra Bella-Ducor Community Plan. Find
that the inclusion of the selected agricultural properties will result in a
more contiguous pattern of development.
Find that there is no proximate land that is not in agricultural use that
is both available and suitable for inclusion within the Project Area and is not
already proposed to be within the Project Area.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY, AND
CONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
Sheriff/Coroner
23.
Ratify
and approve an agreement between First 5 of Tulare County in the amount of
$150,000 for the Gang Awareness Parenting Project retroactive to July 1, 2008
through June 30, 2009. Accept funds in
the amount of $150,000 from First 5 of Tulare County. Ratify and approve the agreement with Family
Services of Tulare County in the amount of $91,200 for the Gang Awareness
Parenting Project retroactive to July 1, 2008 through June 30, 2009. Find that the Board had the authority to
enter into the proposed agreement with First 5 of Tulare County and Family
Services of Tulare County as of July 1, 2008 and that it was in the County's
best interest to enter into the agreements.
Approve the Personnel Resolution amending the position allocation
listing to add one (1) Inmate Programs Specialist to the Sheriff's
Department. Approve the necessary budget
adjustments. (4/5ths vote)
24.
Ratify
and approve an application to the Governor's Office of Emergency Services by
the Sheriff's Department for a Regional Anti-Gang Intelligence-Led Policing
grant and the Chairman's signature on the application's Grant Award Face
Sheet. Find that it was in the best
interests of the County to submit the application on May 26, 2008. Accept the Grant Award from Office of
Emergency Services on the Intelligence-Led Policing grant for $200,000. Find that it was in the best interest of the
County to operate the Intelligence-Led Policing program, effective May 1,
2008. Establish a new Organization Code
(Unit Number) of 2780 for the Intelligence-Led Policing program. Approve and authorize the purchase of a fixed
asset of a 2008 Crown Victoria and related equipment for the Intelligence-Led
Policing program. Ratify and approve a
personnel resolution regarding the Intelligence-Led Policing program amending
the Fiscal Year 2008-2009 position allocation for the Sheriff's Department,
adding one (1) Sheriff's Deputy II effective July 1, 2008. Approve the necessary budget
adjustments. (4/5ths vote)
Workforce Investment Board
25.
Approve
the new organizational structure of Tulare County Workforce Investment
Department. Authorize the Human
Resources and Development Department to process the personnel resolutions
containing adjustments to the Tulare County Workforce Investment Department
personnel allocation for the remainder of Fiscal Year 2008-2009. Authorize the Human Resources and Development
Department to initiate the County's lay-off process and where possible provide
alternate employment within the County service.
Approve a name change from Tulare County Workforce Investment Department
to Tulare County Workforce Investment Board.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
26.
INFORMATION
ONLY: Bid opening results for Richgrove
Street Improvements.
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Construction Development Systems
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$2,437,095.00
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Cruco Construction Group Inc.
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$2,535,075.00
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Jim Crawford Construction Co.,
Inc.
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$2,651,050.00
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Henderson Construction Company
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$2,703,337.50
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Lee's Paving Inc.
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$3,149,445.00
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American Paving Company
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$3,181,480.00
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Granite Construction
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$3,302,025.00
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Teichert Construction
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$3,423,455.00
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Halopoff & Sons, Inc.
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$3,643,798.01
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Lockwood General Engineering, Inc.
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$3,744,930.50
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Engineer's Estimate
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$2,886,350.00
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27.
Public
Comments.
28.
Board
of Supervisors matters.
(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: 2
Consideration
of sewer and water fee adjustments in Tulare County Service Area Numbers 1 and
2, Zones of Benefit, such as El Rancho, Seville, Tonyville, Tooleville, Yettem
and Wells Tract as set out in Board of Supervisor July 29, 2008 Agenda Item.
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
Amendment
to Zoning Ordinance for Change of Zone Number PZ 07-005, Western Ag Realty,
Poplar. Board of Supervisors Agenda
Item, July 29, 2008.
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9(a).)
Name of
Case: William Keenan v. County
of Tulare
Tulare County Superior Court Case Number 07-223395
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: 1
Next Item(s)
Sitting as...
ITEM
E
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
F
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property: 1105 S. O Street, Tulare,
CA
2500 W. Burrel, Visalia, CA
2637 W. Burrel, Visalia, CA
Agency
Negotiator: Jean Rousseau, Henry Hash, Robert Newby
Negotiating
Parties: Tulare County Department of Education
Tulare
County Superintendent of Schools
Under
Negotiation: Price, Terms of Payment and Other: Term or Length of Occupancy
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: 2
Next Item(s)
Sitting as...
ITEM
H
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
(Government
Code Section 54956.9(c).)
Number of
Potential Cases: 2
Next Item(s)
Sitting as...
ITEM
I
CONSIDER PUBLIC
EMPLOYEE PERFORMANCE EVALUATION FOR THE POSITION OF:
Details
(Government
Code Section 54957.6)
County
Administrative Officer
Next Item(s)
Sitting as...
ITEM
J
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
K
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
(Government
Code Section 54956.9(c).)
Number of
Potential Cases: 1
Next Item(s)
Sitting as...
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...
