(Public Comment Period)
1.
Present
Proclamation recognizing International Credit Union Day.
2.
Present
Proclamation declaring October 6-15, 2008 as Bi-national Health Week.
3.
Present
Proclamation designating October 19-25, 2008 as "National Save for
Retirement Week". Approve
supporting the goals and ideals of National Save for Retirement Week, including
raising public awareness about the importance of adequate retirement savings
and the availability of employer-sponsored retirement plans.
4.
Present
Proclamation to Target Stores for making a donation of $3,000 for the Reach Out
and Read Program. Authorize Health and
Human Services Agency to use the $3,000 donation to purchase books for the
Reach Out and Read Program in our County Healthcare centers.
(Consent
Calendar)
CONSENT CALENDAR (Number 5 through 24)
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
5.
Approve
the advance of $75,000 to the South Tulare Memorial District from anticipated
property tax revenue. Authorize the
Auditor to process the loan payment.
Authorize the Auditor to retain the correct portion of Property Tax
Revenue from the District when funds are distributed in late December 2008.
Board of Supervisors
6.
Ratify
the following Proclamations: Honoring
Frances Cutler as the recipient of the Ministry of Presence Award; and Honoring
Jeff Fabry for his success at the 2008 Paralympics in Beijing.
7.
Reappoint
George Ouzounian to the Visalia Public Cemetery District for a term ending at
Noon on January 2, 2012.
8.
Approve
and send a letter to the California Public Utilities Commission urging them to
not modify their decision 08-04-058 (dated April 24, 2008) approving the
geographic split of the 760 telephone area code to establish a new 442 area
code.
County Administrative Office
9.
Approve
an amendment to Agreement No. 23627 with Kleinfelder West, Inc. for the Mooney
Grove Park Master Plan and New Museum project in the amount of $146,461.
Health & Human Services Agency
10.
Ratify
and approve an agreement with the California Department of Public Health,
Network for a Healthy California to increase knowledge and awareness of
nutrition and physical activity, retroactive to October 1, 2008 through
September 30, 2010. Find that the Board
had authority to enter into the proposed agreement as of October 1, 2008 and
that it was in the County's best interest to enter into the agreement on that
date.
11.
Ratify
and approve an agreement with Strathmore 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.
12.
Ratify
and approve the acceptance of funds from the Governor's Office of Emergency
Services for the Fiscal Year 2008 Emergency Management Performance Grant in the
amount of $130,803 to support comprehensive emergency management at the state,
tribal, and local levels and to encourage the improvement of mitigation,
preparedness, response, and recovery capabilities for all hazards.
13.
Ratify
and approve the California Department of Health Services, Tobacco Control
Section Allocation of Acceptance Agreements in the amount of $150,000 for
Fiscal Year 2007/2008 and $150,000 for Fiscal Year 2008/2009 to provide tobacco
education and perinatal services to the residents of Tulare County, retroactive
to July 1, 2007 through June 30, 2009.
Find that the Board had authority to enter into the proposed agreements
as of July 1, 2007 and July 1, 2008 respectively and that it was in the
County's best interest to enter into the agreements on that date.
14.
Ratify
and approve an amendment to Agreement No. 20039 with Clean Harbors
Environmental Services, Inc. in the amount of $150,000 to provide
transportation and disposal of household hazardous waste from Tulare 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 on that date.
15.
Ratify
and approve an amendment to Agreement No. 21972 with Alternative Services, Inc.
to maintain a "Driving Under the Influence" program in Tulare County
for those arrested while driving under the influence of alcohol and/or drugs to
be sent to an early intervention 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.
16.
Ratify
and approve an agreement with the California Department of Public Health,
California Asthma Public Health Initiative for the Enhancing Local Capacity to
Address Asthma Priorities Program in the amount of $195,000, retroactive to
October 1, 2008 through June 30, 2011.
Find that the Board had authority to enter into the proposed agreement
as of October 1, 2008 and that it was in the County's best interest to enter
into the agreement on that date. Approve
the necessary budget adjustments.
(4/5ths vote)
Resource Management Agency
17.
Approve
an agreement for Purchase of Property and Temporary Construction Easement from
the Ruth Giannini Living Trust for the Road 80 Widening Project in the amount of
$9,600. Authorize the Chairman to sign
the Agreement. Authorize County Counsel
to sign the Grant Deed and Temporary Construction Easement acceptances upon
presentation. Authorize the Resource
Management Agency Director or his designee to open an escrow account and sign
all documents to facilitate the escrow for this acquisition and direct the
Auditor to draw a warrant in the amount of $10,400 in favor of Chicago Title
Company.
18.
Approve
an agreement for Purchase of Property and Temporary Construction Easement from
Graciela Florez and Octavio Magallanes for the Road 80 Widening Project in the
amount of $32,500. Authorize the
Chairman to sign the Agreement.
Authorize County Counsel to sign the Grant Deed and Temporary
Construction Easement acceptances upon presentation. Authorize the Resource Management Agency
Director or his designee to open an escrow account and sign all documents to
facilitate the escrow for this acquisition and direct the Auditor to draw a
warrant in the amount of $33,300 in favor of Chicago Title Company.
19.
Approve
the plans and specifications for the construction of a traffic signal at Avenue
256 and Road 140 southeast of the City of Visalia. Authorize the Chairman to sign the
plans. Approve the advertisement of the
traffic signal construction project. Set
the bid opening date for Wednesday, November 12, 2008, at 2:00 P.M. Affirm that the project is exempt from the
California Environmental Quality Act requirements.
20.
Approve
an Amendment to the Measure R ½ Cent Transportation Sales Tax Expenditure Plan.
21.
Introduce
and waive the first reading of an amendment to Ordinance No. 352 of the Tulare
County Zoning Ordinance for Change of Zone No. PZ 06-003, from the C-3 (Service
Commercial) Zone and the AE-20 (Exclusive Agricultural-20 acre minimum) Zone to
the M-1-SR (Light Manufacturing-Site Plan Review) Zone, on a 28.86-acre site,
located on the northeast corner of Road 152 and County Line Road, north of the
City of Delano. Set a Public Hearing for
October 28, 2008 at 9:30 a.m.
22.
Introduce
and waive the first reading of an amendment to Ordinance No. 352 of the Tulare
County Zoning Ordinance for Change of Zone No. PZ 08-003, from AE-20 (Exclusive
Agricultural-20 acre minimum) to C-3-SR (Service Commercial-Site Plan Review),
on a 1.38 acre parcel, located on the north side of Avenue 416 (El Monte Way),
175 feet east of Road 100, in Sultana.
Sheriff/Coroner
23.
Accept
augmentation grant funding from the California Office of Emergency Service for
the Residential Substance Abuse Treatment program in the amount of $34,743 for
a total program award of $242,365.
Ratify and approve a Grant Award Amendment amending Agreement No. 23485
retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter
into the proposed grant award agreement as of July 1, 2008 and that it was in
the County's best interest to enter into the agreement on that date. Approve an amendment to Alternative Services
Agreement No. 19540-L increasing the current agreement from $120,000 to
$140,158, retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter
into the proposed agreement amendment as of July 1. 2008 and that it was in the
County's best interest to enter into the agreement on that date. Approve the necessary budget adjustments.
(4/5ths vote)
24.
Ratify
and approve the Annual Federal Equitable Sharing Agreement with the U.S.
Department of Justice, retroactive to October 1, 2008 through June 30,
2009. Find that the Board had authority
to enter into the agreement on October 1, 2008, and that it was in the County's
best interest to enter into the Agreement on that date. Authorize the Chairman and the
Sheriff-Coroner to sign the Affidavit for the agreement.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
25.
Public
Comments.
26.
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: Service Employees International
Union (SEIU) Unfair Practice Charge filed at the Public Employment Relations
Board (PERB) on or about October 6, 2008; Unknown Case Number.
Next Item(s)
Sitting as...
ITEM
B
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
C
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: Megargee, Stanley et al v. County of Tulare, et al
United
States District Court Case Number 1:06-CV-00684-AWI-LJO
Next Item(s)
Sitting as...
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...