(Public Comment Period)
1.
9:00
a.m. Presentation of the Career Connection Program. Recognition of the participants in the Career
Connection program.
2.
9:00
a.m. Presentation on the status of the Capitol Display project being prepared
by College of the Sequoias Architectural
Design students.
3.
9:00
a.m. Introduction to the California Public Utilities Commission and California
Environmental Quality Act processes in relation to the San Joaquin Cross Valley
Loop Transmission Line Project (A.08-05-039).
4.
9:00
a.m. Presentation given by Public Facilities Management, Inc. regarding
Millennium Fund.
9:30 A.M. – TIMED ITEMS
(Timed Items)
5.
PUBLIC
HEARING: Request from the Resource Management
Agency to authorize the submittal of 2008 Community Development Block Grant
General and Economic Development Planning and Technical Assistance grant
applications. Review and approve the
applications for $140,000 to be distributed as follows: General, Planning and Technical Assistance,
Non-Specific, Countywide Housing Conditions Survey ($35,000); General, Planning
and Technical Assistance, Specific, Feasibility Study for a Flood Prevention
Strategy ($35,000); and, Economic Development, Planning and Technical
Assistance, Specific, Blight Analysis, Environmental Impact Report and other
California Community Redevelopment Law required reports for the establishment
of Redevelopment Project Areas in Terra Bella-Ducor and Strathmore
($70,000). Authorize the commitment and
expenditure of local cash match for the Planning and Technical Assistance
activities as follows: Countywide
Housing Conditions Survey, Community Development Block Grant Program Income
($700); Feasibility Study for Flood Prevention Strategy, Earlimart
Redevelopment Funds ($700); and, Blight Analysis, Environmental Impact Report,
and other California Community Redevelopment Law required reports, Community
Development Block Grant Program Income ($1,400). Authorize the Chairman of the Board to sign
the application and accompanying documents on behalf of the County. Authorize the County Administrative Officer
to act on the County's behalf in all other matters pertaining to the
applications.
6.
PUBLIC
HEARING: Request from the Resource Management
Agency, in accordance with Government Codes Sections 65909.5, 66014 and
66451.2, to consider the proposed Building Permit fee adjustments. Adopt the recommended fees and authorize the
Resource Management Agency to implement the fees beginning October 11, 2008.
7.
PUBLIC
HEARING: Request from Resource Management
Agency, in accordance with Health and Safety Code Section 17951 and Government
Code Sections 65909.5, 66014 and 66451.2, to consider the proposed Planning and
Development fee adjustments. Adopt the
recommended fees and authorize the Resource Management Agency to implement the
fees beginning October 11, 2008.
REMAIN IN SESSION AS THE TULARE COUNTY BOARD
OF SUPERVISORS, AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
8.
PUBLIC
HEARING: Request from Resource Management
Agency, in the matter of the adoption of the proposed Pixley Redevelopment Plan
First Amendment, that the County and Redevelopment Agency hold a joint public
hearing and that the Board of Supervisors of the County: consider all reports, recommendations and
documents as required by law, including environmental review documents; make all necessary findings and certifications
as required by law; approve and adopt
any needed conditions or mitigation measures in regard to such information and
materials as required by law; and, waive the second reading and adopt an
urgency ordinance effective August 18, 2008, approving and adopting the
proposed Pixley Redevelopment Plan First Amendment.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY, AND
REMAIN IN SESSION AS THE TULARE COUNTY
BOARD OF SUPERVISORS
(Consent Calendar)
CONSENT CALENDAR (Number 9 through 34)
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
9.
Ratify
and approve an Agreement with the California Department of Pesticide Regulation
for electronic submittal of pesticide use report records, 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 the Contractor Certification Clauses.
Auditor/Controller
10.
Approve
an amendment to Agreement No. 20799 with Great West authorizing Great West to
process all Tulare County Deferred Compensation Hardship Withdrawal
Applications. Approve a change to the
salary deferral process.
Board of Supervisors
11.
Ratify
the Proclamation honoring Valhalla Restaurant - Recipient of the Central Valley
Chapter of the California Restaurant Association's Lifetime Achievement Award.
12.
Reappoint
Gary B. Whitney and William L. Tidwell to the Three Rivers Public Cemetery
District for a term ending Noon, January 2, 2012.
13.
Reverse
action taken rescinding Samantha Gillon's appointment to the Teviston Community
Services District and rescind the appointment of Martha Sanchez to the Teviston
Community Services District.
County Administrative Office
14.
Ratify
actions taken by the County Administrative Officer during the month of July
2008.
15.
Accept
the Bob Wiley Administration Roof Project as a completed project. Authorize the Chairman to sign the Notice of
Completion for the project. Direct the
Clerk to record the Notice of Completion for the project with the office of the
Tulare County Recorder.
Health & Human Services Agency
16.
Reaffirm
declaration of state of emergency in the Tulare County Drought Resolution No.
2008-0472 adopted June 24, 2008.
17.
Ratify
and approve an amendment to Agreement No. 21707 with Turning Point of Central
California, Inc. d.b.a. Turning Point Youth Services, for the provision of
children's mental health services and Mental Health Services Act services that
provides mental health, rehabilitative, case management, and crisis
intervention services to Tulare County children and adolescents, 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.
18.
Ratify
and approve an amendment to Agreement No. 22798 with Kings View Corporation,
for the provision of Mental Health Services Act services that promotes the
integration of mental health services and quality of life approaches such as
employment, education, drug/alcohol counseling, and life skills training,
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.
19.
Ratify
and approve an amendment to Agreement No. 21964 with the National Council on
Alcoholism and Drug Dependence, for the provision of alcohol and drug
prevention services for individuals and groups seeking information or help
related to alcohol and other drug problems, 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.
20.
Ratify
and approve an Agreement with Sunnyside Union Elementary School District for
Tulare County Health and Human Services Agency, as the Local Government Agency,
to act as the claims processing agent of Medi-Cal Administrative Activities
claims on behalf of their school district, retroactive to July 1, 2008 through
June 30, 2010. 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.
21.
Ratify
and approve an amendment to Agreement No. 22384 with the California Department
of Education for the Summer Food Service Program to reimburse the Tulare County
Environmental Services Division for conducting health and sanitation
inspections of food service facilities within Tulare County that prepare and
serve meals during summer vacation. 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.
Human Resources & Development
22.
Ratify
and approve the Side Letter of Agreement between the County of Tulare and the
Service Employees International Union (SEIU) signed by the County on July 18,
2008 authorizing the Department of Child Support Services employees the option
of choosing either Cash or Compensatory Time Off for overtime worked regardless
of their Compensatory Time Off balance.
Absent this agreement the Contract requires a minimum Compensatory Time
Off balance of 60 hours before cash payment is authorized. Find that the Board had authority to enter
into the proposed agreement as of July 18, 2008 and that it was in the County's
best interest to enter into the agreement on that date.
Library
23.
Approve
a sole-source purchase of Lock-A-Shelves Security System Shelving Units from
Frich Corporation. Authorize the
Purchasing Agent to waive the bid process and make the sole-source purchase.
Probation
24.
Accept
a grant award in the amount of $3,000 from the Pacific Gas & Electric
Company for the purchase of trees and shrubbery for the Tulare County Youth
Facility.
Resource Management Agency
25.
Approve
an Amendment to Agreement No. 23404 with Velis Engineering Inc. for Job Order
Contracting to increase the Maximum Contract Value by $750,000 to a new total
of $1,250,000 to provide for continued use throughout the term of the agreement
to January 14, 2009.
26.
Ratify
and approve an Agreement with the State of California Integrated Waste
Management Board for the Targeted Rubberized Asphalt Concrete Incentive Grant
in the amount of $175,000 for the paving material used on Avenue 256 between
State Route 63 (Mooney Blvd) and Road 140 (Lovers Lane). Find that the Board had authority to enter
into the proposed Agreement as of May 20, 2008 and that it was in the County's
best interest to enter into the Agreement on that date.
27.
Ratify
and approve a 2008/2009 Transit Agreement with the City of Lindsay for the
County to provide transit service to City of Lindsay 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 on that date.
28.
Ratify
and approve an Agreement with the State of California Department of Transportation
in the amount of $300,000, to provide operating assistance funds for general
expenses of the Tulare County area Transit (TCaT) services. Find that the Board had authority to enter
into the proposed Agreement as of June 24, 2008 and that it was in the County's
best interest to enter into the Agreement on that date.
29.
Approve
an Agreement with the Porterville 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 Agreement.
30.
Ratify
and approve a Letter Agreement with the Arvin-Edison Water Storage District for
the exchange of Cross Valley Canal Water for the 2007 water year retroactive to
October 1, 2007. Find that the Board had
authority to enter into the proposed letter agreement as of October 1, 2007 and
that it was in the County's best interest to enter into the letter agreement on
that date. Authorize Resource Management
Agency and Dennis R. Keller to take necessary actions to comply with the
provisions of the letter agreement.
31.
Authorize
submittal of a 2008 Home Investment Partnerships Program (HOME) Project
Application for $955,000 in response to the Notice of Funding Availability
issued on June 2, 2008, for a Homebuyer New Construction Project to be
implemented in the Goshen Redevelopment Project Area. Authorize leverage of $40,000 ($20,000 for
building permit fees and $20,000 for grant implementation), which is consistent
with the County's adopted Housing Element Program 2.22. Adopt HOME First-Time Homebuyer Mortgage
Assistance Guidelines. Agree that if the
application for funding is approved, the County will use the HOME funds for
eligible activities in the manner presented in the application as approved by
the Department of Housing and Community Development and in accordance with Title
II of the Cranston-Gonzalez National Affordable Housing Act of 1990, in federal
implementing regulations set forth in Title 24 of the Code of Federal
Regulations, Part 92, and in Title 25 of the California Code of Regulations
commencing with Section 8200. Authorize
the Chairman of the Board to execute in the name of the County of Tulare, the
application.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS, AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
32.
Authorize
the commitment of Tulare County Redevelopment Agency (TCRA) funds in the amount
of $40,000 ($20,000 for building permit fees and $20,000 for grant
implementation) as leverage from the Goshen Redevelopment Project Area to the
2008 Home Investment Partnership Program (HOME) Project Application for
implementation of a Homebuyer New Construction Project in the community of
Goshen. Find that leveraging financial
resources to assist with providing decent, safe and affordable housing which as
follows: is consistent with the adopted Affordable Housing Component and the
Redevelopment Plan for Goshen; implements the Goshen Redevelopment Plan by
increasing the County's supply of housing for persons and families of
low-income or moderate-income at an affordable cost pursuant to Health and
Safety Code 33334.2(a); and, is consistent with the Goshen Implementation Plan
adopted pursuant to Health and Safety Code 33490. Find that there are no other reasonable available
means of financing the proposed HOME Project building permit fees and that the
County does not have available funding for this purpose.
33.
Authorize
the commitment of Tulare County Redevelopment Agency funds in the amount of
$700 from the Earlimart Redevelopment Project Area as local cash match for the
2008 Community Development Block Grant General Planning and Technical
Assistance application. Find that
leveraging financial resources to assist with improvement work as follows: is
consistent with the adopted Redevelopment Plan for Earlimart; implements the
Earlimart Redevelopment Plan by assisting in the eradication of blight caused
by lack of or inadequate infrastructure; and, is consistent with the Earlimart
Implementation Plan adopted pursuant to Health and Safety Code §33490. Find that there are no other reasonable
available means of financing local cash match and that the County does not have
available funding for this purpose.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY, AND
CONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
Workforce Investment Board
34.
Appoint
the following individuals to the Tulare County Workforce Investment Board,
Inc.: Darlene Tyndale as Member At-Large
for a term ending May 31, 2009; Kevin Cole as Labor for a term ending May 31,
2010; Randy Dennis as Labor for a term ending May 31, 2009; and, William
Scroggins as Education for a term ending May 31, 2009.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
35.
INFORMATION
ONLY: Bid opening results for Avenue 256
Rubberized Asphalt Concrete and Rd 168 Asphalt Concrete Overlay.
W. Jaxon Baker, Inc.
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$2,592,353.70
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Glen Wells Construction, Inc.
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$2,614,354.88
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Maverick Asphalt Inc.
|
$2,732,388.00
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Jim Crawford Construction Company,
Inc.
|
$2,764,063.48
|
Cruco Construction Group, Inc.
|
$2,791,717.79
|
Lee's Paving Inc.
|
$2,792,882.95
|
Granite Construction
|
$2,793,999.00
|
Teichert Construction
|
$2,941,805.60
|
Henderson Construction Company
|
$2,985,000.70
|
|
|
Engineer's Estimate
|
$2,888,764.86
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36.
Public
Comments.
37.
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
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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 - EXISTING LITIGATION
Details
(Government
Code Section 54956.9(a).)
Name of
Case: Stanleigh Gean Megargee, et al v. Bill Wittman, et al
United States District Court, Eastern District
of California
Case Number 1:06-CV-00684-AWI-LJO
Next Item(s)
Sitting as...
ITEM
B
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9(a).)
Name of
Case: Preliminary Injunction re excess proceeds on APN 264-010-021-000; Sandra
Hough v. Yvonne S. Sanders
Tulare County Superior Court Case Number 08-228972
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
Joint
Public Hearing to adopt Pixley Redevelopment Plan First Amendment and certify
Mitigated Negative Declaration. Board of
Supervisors, August 12, 2008. Agenda Item.
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: 3
Next Item(s)
Sitting as...
ITEM
F
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
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 - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9(b)(1).)
Number of
Potential Cases: 3
Proposed
General Plan 2030 Update and Draft Environmental Impact Report
Next Item(s)
Sitting as...
ITEM
I
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9(a).)
Name of
Case: Bennett, Dexter G. v. McElhaney,
Alfred (Jerry), As An Individual
Department
of Fair Employment and Housing Complaint Number E200708-C-1275-01se
Next Item(s)
Sitting as...
ITEM
J
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...