(Public Comment Period)
1.
Recognize
the Resource Management Agency's Print Services Division for their outstanding
service.
2.
Presentation
to honor the Kaweah Oaks Preserve on its 25th Anniversary.
3.
Public
Comments.
4.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
5.
PUBLIC
HEARING: Receive a report from staff
regarding a request to vacate that undeveloped portion of Lilac Lane extending east of Grant Lane
adjoining Lots 1 through 5 in the Mesa Addition to Wilsonia, in the County of Tulare,
State of California,
as per map recorded in Volume 17 of Maps Page 2, Tulare County Records. Direct staff as to how the Board of
Supervisors would like to proceed with the vacation of the aforementioned
portion of Lilac Lane.
6.
PUBLIC
HEARING: Request from the Resource Management Agency to authorize the
submittal of a 2008 Community Development Block Grant (CDBG) Economic
Development (ED) Allocation Application.
As required by State regulations, authorize submittal of a 2008 CDBG ED
Allocation application for $300,000 in funding to be distributed as
follows: Public Services, $277,500; and
General Administration, $22,500. Request
that the Tulare County Redevelopment Agency commit $20,000 for match funding
towards the proposed application.
Authorize the Chairman of the Board to sign the completed 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
application AND authorize the Chairman of the Board to act on behalf of the
County, to execute in the name of the County of Tulare, the Standard Agreement
with the State of California, subject to County Counsel review and approval and
so long as said agreement does not substantially differ from prior similar
grant agreements previously approved by the Board.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
7.
Request
from Resource Management Agency to authorize commitment and expenditure of
Tulare County Redevelopment Agency funds in the amount of $20,000 from the
following sources: Cutler-Orosi ($5,000); Goshen ($5,000); Ivanhoe ($5,000);
and Pixley ($5,000) to be used as local match for the 2008 Community
Development Block Grant (CDBG) Economic Development (ED) Application. Find that leveraging financial resources for
the Microenterprise Technical Assistance and Loan Program in these communities:
(a) is consistent with the adopted Redevelopment Plans for Cutler-Orosi,
Goshen, Ivanhoe and Pixley; (b) implements the affected redevelopment plans by
assisting in the eradication of economic blight; (c) is consistent with the
current Implementation Plans adopted in 2008, pursuant to Health and Safety
Code §33131 (a) and (c) and §33133; and (d) will directly benefit low- or
moderate-income persons and find that there is no other reasonable and
available means of financing the local match for proposed activities and that
the County does not have available funding for this purpose.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
8.
PUBLIC
HEARING: Request from Resource Management
Agency to adopt the proposed extension of the Interim Zoning Ordinance No. 3353
for an additional period of one (1) year, commencing on January 6, 2009 and
ending on January 5, 2010 prohibiting the establishment of Medical Marijuana
Dispensaries. (4/5ths vote)
9.
PUBLIC
HEARING: Request from Resource Management
Agency to deny the request by Joe Nunes to have the double permit fees for
Special Use Permit PSP 08-067 application in the amount of $3,486 reduced to
the single fee of $1,743 for property located at 107 Airport Road, Pixley.
10.
PUBLIC
HEARING: Request from the Resource Management
Agency to consider the request for the partial cancellation of Land
Conservation Contract No. 10765 for APN 075-170-031, approximately 37.41 acres
within Agricultural Preserve No. 3638, located just south of Avenue 312 and
approximately one half mile west of Road 76, within the northeastern portion of
the community of Goshen. Certify that a Negative Declaration has been
completed in compliance with the California Environmental Quality Act of 1970,
as amended. Determine that there is no
substantial evidence that the project will have a significant effect on the
environment and that the Negative Declaration prepared for the project reflects
the independent judgment of the County.
Determine that the partial cancellation is consistent with the purposes
of the Williamson Act. Tentatively
approve the partial cancellation subject to certain conditions and
contingencies found on Page 13 of the staff report. Certify to the County Auditor
the cancellation fee in the amount of $187,500.
Direct the Clerk of the Board to record a Certificate of Tentative
Cancellation in the Office of the County
Recorder. Direct the Clerk of the Board to sign and
file the Notice of Determination with the County Clerk.
(Consent Calendar)
CONSENT CALENDAR (Number 11 through 38)
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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.
|
Agricultural Commissioner/Sealer
11.
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/Registrar of Voters
12.
Establish
the 2008/2009 Appropriations Limit for the County to be $1,365,279,295 in
compliance with Article XIIIB of the State of California.
13.
Review
and accept the Certified Statement of Vote as submitted by the Registrar of
Voters for those Offices/Measures for which the Board of Supervisors is the
Governing Body.
Board of Supervisors
14.
Appoint
Phillip A. Cox, Member 9 to the Tulare County Employees' Retirement Board for a
term ending December 31, 2008.
15.
Reappoint
Patsy Holland to the Tulare County Housing Authority as a Tenant Commissioner
for a term ending December 18, 2010.
Reappoint Steven B. Saltzman to the Tulare County Housing Authority as
District 2 Regular Commissioner for a term ending December 18, 2012.
16.
Reappoint
Jeffrey A. Nelson and Stuart Morse to the Fish and Game Commission for terms
ending September 4, 2010.
17.
Approve
a Letter of Support for the Alder Creek Fire Safe Council's application to
receive $330,000 to develop an Environmental Impact Statement to help prepare a
fire break to the West of Sequoia Crest.
County Counsel
18.
Introduce
and waive the first reading of an Ordinance amendment to subsections (a) and
(b) of Section 3-07-1160 and adding Section 3-07-1167 to Article 7 of Chapter 7
of Part III of the Tulare County Ordinance Code pertaining to the Maintenance
and Safety of Railroad Crossings.
County Administrative Office
19.
Approve
an agreement with the Judicial Council of California, Administrative Office of
the Courts for the transfer of the Visalia Courthouse. Approve the Joint Occupancy Agreement with
the Judicial Council of California, Administrative Office of the Courts for the
Visalia Courthouse. Approve an agreement
with the Judicial Council of California, Administrative Office of the Courts
for the transfer of the William Silveira Jr. Juvenile Justice Center. Approve the Joint Occupancy Agreement with
the Judicial Council of California, Administrative Office of the Courts for the
William Silveira Jr. Juvenile Justice Center.
District Attorney
20.
Authorize
acceptance of continued grant funding from the California Department of
Insurance for the Automobile Insurance Fraud Prosecution Program in the amount
of $126,608 for Fiscal Year 2008/2009.
Ratify and approve the Grant Award Agreement and District Attorney Phil
Cline's signature on behalf of the Chairman, 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. Certify that the grant funds
received hereunder shall not be used to supplant expenditures controlled by
this body.
21.
Authorize
acceptance of continued grant funding from the California Department of
Insurance for the Workers' Compensation Insurance Fraud Prosecution Program in
the amount of $279,939 for Fiscal Year 2008/2009, and recognize an additional
$80,344 of carry over funds from Fiscal Year 2007/2008. Ratify and approve the Grant Award Agreement
and District Attorney Phil Cline's signature on behalf of the Chairman,
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. Find that the grant funds received hereunder
shall not be used to supplant expenditures controlled by this body. Approve the necessary budget adjustments.
(4/5ths vote)
Health & Human Services Agency
22.
Rescind
Resolution No. 93-0796. Ratify and adopt
a Resolution to update the Indigent Burial Policy, including the increase of
payment to funeral homes for cremation and burial from $400 to $700.
23.
Approve
termination of Agreement No. 23617 with Cordes Consulting, Inc. for
consultation services about regular CalWIN maintenance, operations, problem
identification, and resolution effective January 10, 2009 and authorize the
Chairman of the Board to sign the Notice of Termination.
24.
Approve
termination of Agreement No. 22444 and as amended A-D with Tulare County
Workforce Investment Board (WIB) for administration of the Welfare to Work
Program effective January 10, 2009 and authorize the Chairman of the Board to
sign the Notice of Termination.
Resource Management Agency
25.
Authorize
the waiver of disposal fees for Christmas trees accepted at County landfills
from December 26, 2008 through January 10, 2009.
26.
Authorize
the filing of Notices of Partial Non-renewal for eleven (11) Land Conservation
Contracts as provided in the Williamson Act. These requests fulfill conditions
resulting from lot line adjustments and parcel maps for the creation of home
sites as follows:
PNR
07-001 - Williamson Act Contract No. 2625,
Agriculture Preserve 0210, west of Lindsay (Noel) (3.20 acres from 156.27
acres)
PNR
07-002 - Williamson Act Contract No. 13996, Agricultural Preserve 4049,
north of Dinuba (Schellenberg) (2.21 acres from 49.54 acres)
PNR
07-006 - Williamson Act Contract No. 5206, Agricultural Preserve 1301,
southeast of Dinuba (Simmons) (1.49 acres from 39 acres)
PNR
07-007 - Williamson Act Contract No. 3943, Agricultural Preserve 1008,
south of Dinuba (Peters) (1.32 acres from 77.98 acres)
PNR
07-009 - Williamson Act Contract No. 9623, Agricultural Preserve 3315,
southwest of Visalia
(Miller) (1.48 acres from 79.60 acres)
PNR
07-011 - Williamson Act Contract No. 6197, Agricultural Preserve 1941,
southwest of Dinuba (Wohlgemuth) (1 acre from 20 acres)
PNR
07-014 - Williamson Act Contract No. 3038, Agricultural Preserve 0417,
south of Dinuba (Marrelli) (1 acre from 40 acres)
PNR
07-016 - Williamson Act Contract No. 2870, Agricultural Preserve 0337,
north of Ivanhoe (Baughman) (1.05 acres from 60 acres)
PNR
07-018 - Williamson Act Contract No. 5074, Agriculture Preserve 1597,
southwest of Porterville
(DePaoli) (1.18 acres from 80 acres)
PNR
07-024 - Williamson Act Contract No. 6762, Agriculture Preserve 1501,
southeast of Cutler (Quezada) (1.60 acres from 21.77 acres)
PNR
07-026 - Williamson Act Contract No. 3790, Agriculture Preserve 0790,
southwest of Tulare
(Vander Poel) (0.83 acres from 450.90 acres)
27.
Approve
and award the contract for the Motor Pool Relocation Project to the lowest
responsible bidder, Atkins Bergreen, Inc, 111 S. Court Street, Suite 107,
Visalia, CA 93291, in the amount of $517,850.
Authorize the Chairman of the Board to sign the construction agreement
upon receipt of certificates of insurance, bonds, license verification and
contract, subject to review and approval as to form by County Counsel.
28.
Approve
and award the contract to the lowest responsive and responsible bidder, Richard
A. Heaps Electrical Contractor Inc. of Sacramento, California, in the amount of
$150,843 for construction of a traffic signal at Avenue 256 and Road 140,
southeast of the City of Visalia.
Authorize the Chairman of the Board to sign the contract, subject to
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 $15,000 (10%) to cover unexpected
construction conditions.
29.
Approve
an agreement for Purchase of Real Property/Right of Way and Temporary
Construction Easement from Calvin B. Elrich and Marjorie R. Elrich for the Road
80 Widening Project in the amount of $41,000.
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 and sign all documents to
facilitate the escrow for this acquisition.
Direct the Auditor to draw a warrant in the amount of $42,600 in favor
of Chicago Title Company.
30.
Approve
an agreement for Purchase of Real Property/Right of Way and Temporary
Construction Easement from George Brothers Partnership for the Road 80 Widening
Project in the amount of $34,000.
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 and sign all documents to facilitate
the escrow for this acquisition. Direct
the Auditor to draw a warrant in the amount of $34,800 in favor of Chicago
Title Company.
31.
Approve
an agreement for Purchase of a Temporary Construction Easement from William L.
Peacock and JoAnne Peacock 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 William L. Peacock and JoAnne Peacock.
32.
Approve
Program Supplement N041 with the State of California, Department of
Transportation, to receive state funding for the preliminary engineering phase
of the M319 Bridge over the South Fork of the Kaweah River.
33.
Approve
a License Agreement with the State of California, Department of Developmental
Services, Porterville Developmental Center for use of a suite located at 1225
South "O" Street in the City of Tulare.
34.
Introduce
and waive the first reading of the proposed uncodified Ordinance of the Tulare
County Ordinance 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 December
16, 2008 at 9:30 a.m.
35.
As
the sponsor agency, approve the Highway Railroad Crossings Safety Account
Project Baseline Agreement from the California Transportation Commission for
$12.175 million for the construction of the Betty Drive (Phase 2) railroad
crossing improvements, retroactive to September 1, 2008.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDVELOPMENT AGENCY
36.
Introduce
and waive the first reading of the proposed uncodified Ordinance of the Tulare
County Ordinance Code pertaining to the adoption of the Pixley Redevelopment
Plan, First Amendment. Set a Joint
Public Hearing with the Board of Supervisors for December 16, 2008 at 9:30 a.m.
37.
As
the implementing agency, accept a grant award from the California
Transportation Commission's Highway Railroad Crossing Safety Account for
$12.175 million to be used for construction of the Betty Drive (Phase 2)
railroad crossing improvements.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
Superior Court
38.
Distribute
$8.00 from court filing fees to fund alternative dispute resolution programs in
accordance with Business and Professions Code Section 465 et seq. Designate to the Court each and all of the duties and
responsibilities of the County set forth in Section 465 through Section 471.5
inclusive of the Business and Professions Code and concurrently assign to the
Court the right to administer funds accumulated.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
39.
Authorize
the Resource Management Agency Director, or his designee, to investigate the
potential of entering into a three-year Energy Partnership with Southern
California Edison that would promote energy efficiency throughout Tulare
County. Direct staff to return to the Board with findings for consideration at
a future date.
40.
Request
from the Board of Supervisors to approve the funding awards as recommended by
the Tulare County Youth Commission and award $70,000 in funding from the Step
Up Youth Activities Grant Program as follows: District One: Boys and Girls Club of the Sequoias ($10,000);
District Two: Tulare Athletic Boxing Club ($10,000), CSET Pixley ($5,550),
Tulare County Sheriff's PAL ($4,450); District Three: Pro-Youth/HEART ($6,500), Young Life
($5,000), Tulare County Youth For Christ ($4,700), Visalia PAL ($3,800); District
Four: Big Brothers Big Sisters of
Central California ($6,000), Cutler-Orosi Community for Youth Foundation
($5,000), Boys and Girls Club of Tulare County ($4,000), Proteus, Inc.
($3,000), Self-Help Enterprises ($2,000); and District Five: No funding awards. Allow the remaining $30,000 ($10,000 from
District One and $20,000 from District Five) to be allocated to organizations
in any of the five Supervisorial Districts and waive the limit of $20,000 per
Supervisorial District. Award the
remaining $30,000 as follows: Pro-Youth/HEART ($3,500), Young Life ($3,750),
Tulare County Youth for Christ ($3,750), Visalia PAL ($250), Big Brothers Big
Sisters of Central California ($3,750), Cutler-Orosi Community for Youth
Foundation ($3,750), Boys and Girls Club of Tulare County ($3,750), Proteus,
Inc.($3,750) and Self-Help Enterprises ($3,750).
41.
INFORMATION
ONLY: Bid results for the History of
Farm Labor and Agriculture Museum Project.
(Closed Session)
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CONTRACTOR
|
BASE BID
|
ADD ALT #1
|
|
|
|
|
|
Webb & Son
|
$2,333,000
|
$90,000
|
|
RL Crawford Construction Company
Inc.
|
$2,467,000
|
$139,000
|
|
Micham Inc.
|
$2,513,000
|
$128,000
|
|
Applegate Johnston Inc.
|
$2,574,000
|
$135,000
|
|
Zumwalt Construction Inc.
|
$2,590,000
|
$98,000
|
|
Atkins Bergreen Inc.
|
$2,622,000
|
$108,000
|
|
Lewis C. Nelson & Sons Inc.
|
$2,729,000
|
$120,000
|
|
Diede Construction Inc.
|
$2,775,000
|
$109,327
|
|
Solpac Construction Inc.
|
$2,837,000
|
$127,000
|
|
SC Anderson Inc.
|
$2,852,000
|
$121,500
|
|
Simile Construction Service Inc.
|
$2,900,000
|
$84,389
|
|
Seals/Biehle General Contractors
|
$3,050,000
|
$140,000
|
|
|
|
|
|
Engineers Estimate
|
$3,200,000
|
|
|
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
Public
Hearing on considering the vacation of a portion of Lilac Lane which extends east of Grant Lane
adjoining lots 1 through 5 in the Mesa Addition in Wilsonia, CA. Board of Supervisors Agenda Item # 4 on
December 9, 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
Partial
Cancellation of Land Conservation Contract No. 10765 for APN 075-170-031,
approximately 37.41 acres within Agricultural Preserve No. 3638, Goshen, south
of Avenue 312 and west of Road 76. Board
of Supervisors Agenda #5 on December 9, 2008.
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
Extension
of Interim Zoning Ordinance No. 3353 for additional year, commencing on January
6, 2009 and ending on January 5, 2010 prohibiting establishment of Medical
Marijuana Dispensaries. Board of
Supervisors Agenda Item #6 on December 9, 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: 1
Terminate
Agreement No. 23617 with Cordes Consulting, Inc. for consultation services
about CalWIN, effective January 10, 2009.
Board of Supervisors Agenda Item #20 on December 9, 2008.
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
Terminate
Agreement No. 22444 with Workforce Investment Board for administration of
Welfare to Work Program, effective January 10, 2009. Board of Supervisors Agenda Item #21 on
December 9, 2008.
Next Item(s)
Sitting as...
ITEM
F
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 2
Amendment
to Ordinance Code of Tulare
County, Pertaining to
Maintenance and Safety of Railroad Crossings.
Board of Supervisors Agenda Item #32 on December 9, 2008.
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Bravo, Uriah, et al v. County of Tulare, et al
Tulare County Superior Court Case Number 61112
Next Item(s)
Sitting as...
ITEM
H
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Keenan, William v. County of Tulare, et al
Tulare County Superior Court Case Number 07-223395
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: 1
Next Item(s)
Sitting as...
ITEM
J
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
(Government
Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 3
Next Item(s)
Sitting as...
ITEM
K
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...
