(Public Comment Period)
1.
Recognize
Wilber Bergen for his 37 years of service to the County of Tulare.
2.
Presentation
given by the California State Association of Counties to honor the Tulare
County Drug-Exposed Infant Program for winning a CSAC 2008 Challenge Award.
3.
Presentation
of the Step Up Service Learning Grant Program Update.
9:30 A.M. – TIMED ITEMS
(Timed Items)
4.
PUBLIC
HEARING: Request from the Resource Management Agency to deny an
appeal filed by Craig Welch for denial of General Plan Amendment No. GPA 08-003
to change the land use designation from "Agricultural" to
"Commercial" and Change of Zone No. PZ 08-005 to change the zone from
AE-20 (Exclusive Agricultural - 20 acre minimum) to C-3-SC-SR (Service
Commercial - Scenic Corridor - Site Review Combining), on 2.03 acres located on
the northeast corner of Road 162 and Avenue 296, north of Farmersville. Uphold Planning Commission Resolution Numbers
8372 and 8373.
(Consent Calendar)
CONSENT CALENDAR (Number 5 through 40)
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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
5.
Approve
an agreement with the California Department of Food and Agriculture for the
purpose of enforcement of the California Cotton Plowdown Regulations, effective
December 1, 2008 through March 31, 2009.
6.
Ratify
and approve an agreement with the California Department of Food and Agriculture
for the purpose of enforcement of portions of the California Food and Agriculture
code pertaining to high-risk shipments of beehives and plant material at
terminals, 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.
7.
Ratify
and approve an agreement with the California Department of Food and Agriculture
for the purpose of enforcement of Federal Domestic Quarantine 7 related to
Sudden Oak Death inspection activities, 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.
8.
Ratify
and approve an agreement with the California Department of Food and Agriculture
for the purpose of enforcement of portions of the California Food and
Agriculture code pertaining to high-risk shipments plant material at terminals,
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.
Board of Supervisors
9.
Ratify
the following Proclamations: Honoring
Heather Hunt as the Tipton Community Council's Youth of the Year; Honoring
Leanne Sandlin Simoes as the Tipton Community Council's Woman of the Year;
Honoring Farmers Burger as the Tipton Community Council's Business of the Year;
Honoring Tipton First Southern Baptist Church as the Tipton Community Council's
Organization of the Year; Honoring Deltha Teeters as the Tipton Community
Council's Senior of the Year; Honoring Lynda K. Fitzpatrick as the Tipton
Community Council's Volunteer of the Year; Honoring John Fitzpatrick as the
Tipton Community Council's Man of the Year; Declaring October 21, 2008 as
Disability Awareness Day in Tulare County; Honoring Jim Maloney on the occasion
of the Tulare County Drug Court Graduation; Honoring Allan D. Fisher Sequoia
Council Boy Scouts of America 2008 Distinguished Citizen; Recognizing Dr. John
Snavely Porterville Chamber of Commerce 2008 Chairman of the Board; and
Honoring the Kaweah Oaks Preserve on its 25th Anniversary.
10.
Approve
short-term appointments to Special Districts in Lieu of Election for terms
ending December 3, 2010:
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Goshen Community Services District
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Exeter Ambulance District
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Carmen Valdez, Director
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Brett Inglehart, Director
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Alta Healthcare District
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Sierra View
District Hospital
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Yvette B. Botello Director Zone 3
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Jeanine Hetherington, Director
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11.
Approve
appointments to Special Districts in Lieu of Election for terms ending December
7, 2012:
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Goshen Community Services District
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Orosi Memorial District
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Katheryn R Garza, Director
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Sersfin "Perry" Reyes,
Director 4 - Veteran
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Helen Gonzalez, Director
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Erika Helo, Director 5 -
Non-Veteran
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Alta Healthcare District
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Springville Memorial District
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Margaret Tracy, Director Zone 2
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John T. Millwee, Director 1 -
Veteran
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Jason I. Otter, Director 2 -
Veteran
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Exeter Ambulance District
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Larry L. Marcotte, Director 3 -
Non-Veteran
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Karim H Elbisi, Director
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Daymon Qualls, Director
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Pixley Public Utility District
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Sonny Lowry, Director
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Linda F. Roberts, Director Seat 1
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Robert F. Chandler,Director Seat 4
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Kaweah Delta Hospital District
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Jacob Reveles, Director Seat 5
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Johnathan "Jody" Graves,
Director Zone
1
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Teresa Ramos, Director Zone 5
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Dinuba Memorial District
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J.B. Westmoreland, Director 3 -
Veteran
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Ben Knowles, Director 4 -
Non-Veteran
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Jerry L. Whitaker, Director 5 -
Non-Veteran
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12.
Appoint
Jake Raper to the Planning/Development Director seat on the Solid Waste
Management Technical Advisory Committee.
13.
Approve
a Resolution opposing the proposed State Prison Healthcare Facility in San
Joaquin County.
County Counsel/Risk Management
14.
Authorize
the Chairman to sign the extended participation agreement to extend the Medical
Mal-Practice Insurance Program through CSAC-EIA to October 1, 2010.
County Administrative Office
15.
Ratify
the actions taken by the County Administrative Officer during the months of
September and October 2008.
16.
Approve
an amendment to Agreement No. 22970 with Jay W. Powell for Conflict Public Defender
Services.
17.
Accept
the Visalia Library Roof Project as a completed project. Authorize the Chairman to sign the Notice of
Completion for the subject project.
Direct the Clerk of the Board of Supervisors to record the Notice of
Completion for the subject project with the office of the Tulare County
Recorder.
18.
Waive
the competitive bid process and authorize the purchase of 3M brand shelf checkout
units for the Visalia Library. Authorize
the Purchasing Agent to execute any and all purchase orders and agreements
necessary to purchase and install the self checkout units.
District Attorney
19.
Approve
an increase to recording fees for real estate instruments, papers, or notices
to $3.00 per instrument recorded, effective January 1, 2009. Direct that the monies collected by the
Assessor/Clerk-Recorder's Office shall be deposited into the interest bearing
Real Estate Fraud Prosecution Trust Fund 554 for the sole purpose of
prosecution and investigation of real estate fraud. A 10% administrative fee per instrument
recorded will be retained by the Assessor/Clerk-Recorder's Office. Reaffirm the statutory composition of the
Real Estate Fraud Prosecution Trust Fund Committee as consisting of the County
Chief Administrative Officer or his designee, the District Attorney, or his
designee, and the chief officer responsible for consumer protection which is
currently the District Attorney.
Health & Human Services Agency
20.
Reaffirm
declaration of state of emergency in the Tulare County Drought Resolution No.
2008-0472 adopted June 24, 2008.
21.
Approve
the fixed asset purchase of a Hasler WJ185 mail processing machine for the
Tulare County Health and Human Services Agency at the MCH Storeroom in the
amount of $12,591, to replace the existing machine by December 31, 2008 per
direction of the United States Postal Service.
22.
Ratify
and approve an amendment to Agreement No. 22800 with Turning Point of Central
California, Inc. for The Mobile Unit - North County Program for the provision
of Mental Health Services Act (MHSA) services for populations that are
currently un-served and underserved in Tulare 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.
23.
Ratify
and approve an amendment to Agreement No. 22797 with Turning Point of Central
California, Inc. for The One Stop Center - North County Program for the
provision of Mental Health Services Act (MHSA) services to those mental health
consumers that are currently un-served and underserved in Tulare 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.
24.
Ratify
and approve Tulare County Health and Human Services Agency, Environmental
Health Services acceptance of the State of California Resource Agency,
Department of Water Resources, Local Groundwater Assistance Program Grant in
the amount of $249,984 to develop and implement a program for the management of
historical and future groundwater data that will meet the State requirements of
the mandatory components of the local groundwater management plan and the
developing integrated regional water management plan, retroactive to June 30,
2008 through May 15, 2010. Find that the
Board had authority to enter into the proposed agreement as of June 30, 2008
and that it was in the County's best interest to enter into the agreement on
that date.
25.
Ratify
and approve an agreement with WRIME, Inc. in the amount of $249,984 to develop
and implement a program for the management of historical and future groundwater
data to be integrated into the California Department of Water Resources
Integrated Water Resources Information System, retroactive to October 1, 2008
through June 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.
Probation
26.
Ratify
and approve amendments to Agreement Nos. 21672 and 21737 with Cutler-Orosi
Unified School District and the City of Tulare, respectively, 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 amendments to the agreements as of July 1, 2008 and
that it was in the County's best interest to enter into the agreements on that
date.
27.
Accept
the $135,000 discretionary funding from Youthful Offender Block Grant for the
creation of two (2) positions and implementation of various treatment programs
for Division of Juvenile Justice re-entry and all other non-violent wards of
the County. Approve and authorize a
Personnel Resolution amending the Fiscal Year 2008/2009 position allocation for
the Probation Department, adding one (1) full time Probation Officer II and one
(1) full time Probation Institution Supervisor positions. Approve the necessary budget adjustments. (4/5ths vote)
Resource Management Agency
28.
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 07-012, from AE-10 (Exclusive
Agricultural - 10 acre minimum) to M-1-SR (Light Manufacturing - Site Review
Combining), on four parcels comprising a total of 20.82 acres, located on the
east side of Road 256, at the intersection of Avenue 96, east of Terra Bella,
(Tuff Stuff Products). Set a Public
Hearing for December 16, 2008, at 9:30 a.m.
29.
Approve
monthly rent increase from $2,200 to $3,200 effective January 1, 2009 and
$4,200 effective January 1, 2010 for the use of the South Hanger located at
Sequoia Field Airport by TBM Inc.
Authorize the Resource Management Agency Director, or his designee, to
send notification to TBM Inc. of subsequent rent increases.
30.
Accept
the work for construction of a Compressed Natural Gas Fueling Facility located
at the Central Road Yard at Avenue 256 and Road 140 as complete by Gas
Equipment Systems Incorporated of Rancho Cucamonga, California. Authorize the Chairman to sign the Notice of
Completion. Direct the Clerk of the Board to have the Notice of Completion
recorded with the County Recorder.
31.
Ratify
and approve the 2008/2009 Transit Agreement with the City of Porterville to
provide transit service to County residents, 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.
32.
Approve
an agreement with Self Help Enterprises in the amount of $373,129 for
implementation of the Richgrove Water Well Project funded by Community
Development Block Grant No. 06-STBG-2598.
Approve the expenditure of Community Development Block Grant Program
Income funds to pay building permit fees above the original $15 connection fee
associated with the Plainview Water Connection Program.
33.
Approve
the Program Supplement with the State of California, Department of
Transportation, in the amount of $32,000 for cost reimbursement to purchase one
Compressed Natural Gas pickup truck.
34.
Approve
the Program Supplement with the State of California, Department of
Transportation, in the amount of $281,000 for cost reimbursement to construct a
traffic control signal at the intersection of Avenue 256 and Road 140,
southeast of Visalia.
35.
Approve
the Program Supplement with the State of California, Department of
Transportation, in the amount of $550,310 for cost reimbursement to stabilize
11.56 miles of road shoulders at five locations on Avenue 56, Avenue 248 (2),
Avenue 256 and Avenue 304 in Tulare County.
36.
Make
the required findings regarding development and approve the Community
Improvement Program, Phases 8 and 9 Pedestrian Corridor Project within the
Cutler-Orosi Redevelopment Project Area and consent to the appropriate
expenditures.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
37.
Make
required findings regarding development and approve the Community Improvement
Program, Phases 8 and 9 Pedestrian Corridor Project within the Cutler-Orosi
Redevelopment Project Area and approve the appropriate expenditures.
38.
Approve
an agreement for Phase 8A of a Community Improvement Program Project with
Community Services & Employment Training, Inc. in the amount of $159,600
for installation of 11,400 lineal feet of curb, gutter and sidewalk (six feet
wide) along Road 126 from Avenue 419 to Avenue 422 in the Community of
Cutler-Orosi. Approve an Agreement for
Phase 8B of a Community Improvement Program Project with Community Services
& Employment Training, Inc. in the amount of $93,100 for installation of
6,650 lineal feet of curb, gutter and sidewalk (six feet wide) along Avenue 419
from Road 126 to State Route 63 in the Community of Cutler-Orosi.
39.
Approve
and accept a State of California Master Agreement and associated Program
Supplemental Agreement with the California Department of Transportation for
funding of transportation projects.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
Sheriff/Coroner
40.
Ratify
and approve an agreement with the U.S. Department of Justice, Drug Enforcement
Administration, Organized Crime Drug Enforcement Task Force, retroactive to
October 1, 2008 through September 30, 2009.
Find that the Board had authority to enter into the Agreement as of
October 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
41.
Request
from Resource Management Agency to authorize staff to pursue Caltrans
Aeronautics CIP funding to update the Tulare County Comprehensive Airport Land
Use Plan for Eckert Field Airport, Exeter Airport, Harmon Field Airport,
Mefford Field (Tulare) Airport, Porterville Municipal Airport, Sequoia Field
Airport, Visalia Municipal Airport and Woodlake Municipal Airport. Authorize the submission of an Acquisition
and Development Grant application for $240,000 for an update to the Tulare
County Comprehensive Airport Land Use Plan which is included in the 2008
Aeronautics Program as adopted by the California Transportation Commission.
Authorize accepting the allocation of funds for the Tulare County Comprehensive
Airport Land Use Plan update. Certify
the availability of the County's ten percent (10%) matching funds.
42.
INFORMATION
ONLY: Bid opening results for the Motor
Pool Project.
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Atkins, Bergreen, Inc.
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$517,850.00
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Suburban Pipe & Steel
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$533,700.00
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Valley Steel Construction
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$582,484.00
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Dale Atkins Contractor
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$634,000.00
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Castle Construction
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$642,430.00
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Engineer's Estimate
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$529,000.00
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43.
Public
Comments.
44.
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: 1
Appeal
Planning Commission denial of General Plan Amendment No. GPA 08-003 from to
change land use designation from "Agricultural" to
"Commercial", and Change of Zone No. PZ 08-005 from AE-20 to
C-3-SC-SR, located north of Farmersville, Craig Welch
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: 4
Proposed Tulare County
General Plan 2030 Update and Draft Environmental Impact Report, Board of
Supervisors Agenda Item on November 18, 2008
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9(a).)
Name of
Case: Loss Protection &
Investigations, Inc. v. County
of Tulare,
Tulare County Superior Court Case Number 08-227661
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9(a).)
Name of
Case: Juvenal Sanchez v. County of
Tulare et al,
Tulare County Superior Court Case Number VCU 228533
Next Item(s)
Sitting as...
ITEM
E
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
U.S. District
Court Case Number 1:06-CV-00684-AWI-LJO
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: 1
Next Item(s)
Sitting as...
ITEM
G
CONSIDER PUBLIC
EMPLOYEE PERFORMANCE EVALUATION FOR THE POSITION OF:
Details
(Government
Code Section 54957.6)
County
Administrative Officer
Next Item(s)
Sitting as...
ITEM
H
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...
