(Public Comment Period)
1.
Recognize
David Whaley upon his retirement for 34 years of County service with the
Sheriff's Department.
2.
Proclamation
presentation honoring the Assistance Service Dog Educational Center for its
efforts in education and community service.
3.
Request
from District Attorney to declare April 26 - May 2, 2009 as National Crime
Victims' Rights Week.
4.
Public
Comments.
5.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
6.
PUBLIC
HEARING: Request from County Administrative Office to declare
the construction of a replacement facility for Fire Station #1 - Visalia a project. At the time set for hearing, take the
following actions: Certify that your
Board has reviewed and considered the information contained in the Mitigated
Negative Declaration prepared for the proposed project; Find that said project
will have a less than significant effect on the environment; Direct the Clerk
of the Board to file the Notice of Determination for the Mitigated Negative
Declaration with the Clerk/Recorder.
Approve an agreement with Chas Rhoads Architecture in the amount of
$164,000 for the completion of biddable plans and specifications for the
replacement facility for Fire Station #1, and the completion of prototype bid
documents for both a two bay and three bay fire stations.
7.
PUBLIC
HEARING: Request from Resource Management
Agency to receive, consider, approve and issue a written report from the Tulare
County Resource Management Agency describing the measures taken by Tulare County
to alleviate the condition which led to the adoption of Tulare County Ordinance
No. 3383. Pursuant to Government Code
§65858, consider the proposed extension of Tulare County Ordinance No. 3383,
the Interim Zoning Ordinance prohibiting the establishment of special event
venues (Assemblage of People for educational or entertainment purposes) for an
additional twenty-two (22) months and fifteen (15) days in the unincorporated
areas of the County of Tulare. Adoption
of this extension shall require a four-fifths vote. Upon adoption of the extension of the
proposed ordinance, approve the summary of the ordinance and direct the Clerk
of the Board of Supervisors to publish the summary of the adopted interim
ordinance within five (5) days and post a certified copy of the complete
ordinance within fifteen (15) days in accordance with the law.
(Consent Calendar)
CONSENT CALENDAR (Number 8 through 42)
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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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Auditor-Controller/Registrar of Voters
8.
Approve
the necessary budget adjustment for the Elections Division of the Auditor's
office due to the extra expenses for the Special Statewide Election on May 19,
2009. (4/5ths vote)
Board of Supervisors
9.
Ratify
the following Proclamations: Honoring
Sherry Turner upon her retirement and Recognizing F. Ophelia Fisher Burtner
2009 Common Threads Awards recipient.
10.
Reappoint
Martin Mittman to the Tulare County Pest Control District for a term ending
April 23, 2013.
County Administrative Office
11.
Ratify
actions taken by the County Administrative Officer during the month of March,
2009.
District Attorney
12.
Authorize
submission of an application for Recovery Act: Edward Byrne Memorial
Competitive Grant Program funding to the U.S. Bureau of Justice Assistance, for
Category III: Reducing Mortgage Fraud and Crime Related to Vacant Properties.
13.
Authorize
submission of an application for Recovery Act: Edward Byrne Memorial
Competitive Grant Program funding to the U.S. Bureau of Justice Assistance, for
Category IV: Hiring of Civilian Staff in Law Enforcement Agencies.
14.
Authorize
submission of an application for Recovery Act: Edward Byrne Memorial
Competitive Grant Program funding to the U.S. Bureau of Justice Assistance, for
Category VI: Improving Resources and
Services for Victims of Crime.
15.
Authorize
submission of a grant application for the Violence Against Women, Vertical
Prosecution Program through the California Emergency Management Agency.
16.
Approve
the necessary budget adjustments for the external evaluation of the Office
Community Oriented Policing Services (COPS) Methamphetamine Initiative
Grant. (4/5ths vote)
Fire Department
17.
Approve
an agreement to donate used fire protection equipment to the Tulare/Kings Fire
Chiefs Association as specified in Exhibit "A" of the agreement.
18.
Ratify
and approve an agreement with Cal Fire for Amador Staffing at Badger Forest
Fire Station retroactive to December 1, 2008 through April 19, 2009. Find that the Board had the authority to
enter into the proposed agreement as of December 1, 2008, and that it was in
the County's best interest to enter into the agreement on that date.
Health & Human Services Agency
19.
Reaffirm
declaration of state of emergency in the Tulare County Drought Resolution No.
2008-0472 adopted June 24, 2008.
20.
Ratify
and approve an amendment to Agreement No. 20820 with the California Department
of Public Health for the AIDS Drug Assistance Program to provide assistance to
HIV Positive/AIDS clients for AIDS drugs that are not covered by insurance or
other means. 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. 23013 with the California State
University, Fresno Foundation for the Central California Regional Obesity
Prevention Project to create changes in our environments that support healthy
eating and active living, retroactive to July 1, 2006 through December 31,
2008. Find that the Board had authority
to enter into the proposed agreement as of July 1, 2006 and that it was in the
County's best interest to enter into the agreement on that date.
22.
Ratify
and approve an amendment to Agreement No. 23177 with the California Department
of Public Health for the Children's Dental Disease Prevention Program to
provide oral health education and prevention to students in Tulare County,
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.
23.
Ratify
and approve the Memorandum of Understanding with Kaweah Delta Medical Center
Diabetes Center to increase client access to Diabetic services, retroactive to
December 1, 2008 through November 30, 2011.
Find that the Board had authority to enter into the proposed Memorandum
of Understanding as of December 1, 2008 and that it was in the County's best
interest to enter into the Memorandum of Understanding on that date.
24.
Ratify
and accept the award of $37,775 from the California Department of Public
Health, Tuberculosis Control Branch, to support Tuberculosis prevention and
control, retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to accept
the award as of July 1, 2008 and that it was in the County's best interest to
accept the award on that date.
25.
Approve
the Tulare County System Improvement Plan, which is part of Assembly Bill 636,
better known as the California's Child Welfare System Improvement and
Accountability Act of 2001 to improve outcomes for children and authorize the
Tulare County Health and Human Services Agency and the Tulare County Probation
Department to sign the System Improvement Plan and submit the proposed Tulare
County System Improvement Plan to the California Department of Social Services.
26.
Authorize
the Tulare County Director of Mental Health to sign the Supplemental Mental
Health Services Act Housing Program Assignment Agreement and submit it to the
State Department of Mental Health to provide funding for the development of
permanent supportive housing for individuals with serious mental illness and
their families.
27.
Authorize
the Tulare County Health and Human Services Agency to apply for $2,500 in
Department of Health and Human Services, Food and Drug Administration Funds
from the Pacific Region Retail Food Cooperative Program to purchase equipment
to alleviate identified risk factors in the prevention of food borne illness.
Probation
28.
Authorize
submission of two Category II grant applications to the U.S. Department of
Justice, Office of Justice Programs, Edward Byrne Memorial Competitive Grant
Program for the period of October 1, 2009 through September 30, 2011. One grant application is for the Juvenile
Reentry Program and one is for a Female Day Reporting Program. Authorize the Chairman to sign the required
General Certification as to Requirements for Receipt of Funds for
Infrastructure Investments. Authorize
the Chairman to sign the required Certification as to Recovery Act Reporting
Requirements.
Resource Management Agency
29.
Approve
an amendment to Agreement No. 23666 with Lee's Paving, Inc. for Construction of
Road 80 from Avenue 304 to North of Avenue 328 to increase contract amount by
$139,654.40 from $7,855,277 to $7,994,931.40 to include improvements to the
railroad crossing on Road 80 north of Avenue 304.
30.
Consent
to the City of Porterville's acquisition of property located in Tulare County's
jurisdiction along the northerly side of Castle Avenue (Avenue 168) from west
of Salisbury Street to west of Mathew Street (Road 164), for maintenance and
operation of City road improvements.
31.
Approve
a Cooperative Agreement with the City of Delano to rehabilitate County Line
Road (Avenue 0) from High Street to Browning Road for a distance of 1.65 miles.
32.
Approve
an agreement for Purchase of Property from Leonor H. Longoria for the Road 80
Widening Project in the amount of $240,000.
Approve "Spend to Get" relocation benefits in the amount of:
Up to $39,900 for replacement housing; Up to $3,000 for moving expenses; Up to
$5,000 for closing costs including loan fees for replacement property. Authorize County Counsel to sign the Grant
Deed 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 $289,400 in favor of Chicago Title Company.
33.
Approve
an agreement with the Lindsay-Strathmore Irrigation District and Strathmore
Public Utility 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.
34.
Approve
an amendment to Lease Agreement No. 18196 with C&J Commercial Properties to
extend the term of the agreement for property located at 3350 S. Fairway in the
City of Visalia upon approval by the Board and shall expire one (1) year
thereafter.
35.
Adopt
the Negative Declaration for the Earlimart Landfill Closure Project in
compliance with the California Environmental Quality Act. Authorize the Chairman of the Board of
Supervisors to sign the Notice of Determination. Direct the Clerk of the Board to return the
signed Notice of Determination to the Resource Management Agency for final
filing with the County Clerk.
36.
Approve
an agreement with the Delano-Earlimart Irrigation District and Styrotek, Inc.,
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.
Retirement
37.
Adopt
the recommended employer and employee retirement contribution rates from Tulare
County Employees' Retirement Association's actuary effective with the first pay
period of Fiscal Year 2009/2010 (pay period 15 of 2009).
Sheriff/Coroner
38.
Authorize
submission of an application to the U.S. Department of Justice under the Edward
Byrne Memorial Competitive Grant Program, Category I: Comprehensive
Community-based Data Driven Approaches to Preventing and Reducing Violent
Crime. Authorize the Chairman to sign
the Certification forms for the application.
39.
Authorize
submission of an online application to the Office of Community Oriented
Policing Services division of the U.S. Department of Justice for a Community
Oriented Policing Services (COPS) Secure Our Schools grant.
40.
Approve
and authorize a Personnel Resolution to adopt a Class Designation and
Specifications for Vocational Building Construction Instructor, effective May
1, 2009. Approve and authorize a Personnel
Resolution to increase the position allocation of the Sheriff's Department by
adding one Vocational Building Construction Instructor, effective May 1,
2009. Approve the necessary budget
adjustments. (4/5ths vote)
41.
Ratify
and approve an amendment to Agreement No. 23774 with California Emergency
Management Agency for the Tulare County Sexual Assault Felony Enforcement
Program, retroactive to July 1, 2008, through June 30, 2010. Ratify and approve an amendment to Agreement
No. 23093 with Family Services of Tulare County to provide services for the
Sexual Assault Felony Enforcement Program from July 1, 2008 through June 30,
2010. Find that the Board had authority
to enter into the proposed amendments as of July 1, 2008 and that it was in the
County's best interest to enter into the amendments on that date. Approve the necessary budget adjustments.
(4/5ths vote)
Superior Court
42.
Proclaim
May 11 - 15, 2009 as Juror Appreciation Week in Tulare County.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
43.
Request
from Auditor-Controller/Treasurer Tax Collector to authorize the issuance of
Tax and Revenue Anticipation Notes for Fiscal Year 2009/2010. Approve in form the Note Participation
Purchase Agreement.
44.
Request
from Resource Management Agency to deny General Plan Initiation No. GPI 06-005
to proceed as an application for a General Plan Amendment which would change
the land use designation on a portion of Assessor's Parcel Number 119-021-007
from Agriculture to Local Retail Commercial and rezone the subject parcel from
AE-20 (Exclusive Agricultural - 20 acre minimum) Zone to C-1 (Neighborhood
Commercial) Zone. The subject parcel is located on the north side of Avenue 280
(Caldwell Avenue), approximately 1/4 mile east of State Highway 99, and 1 1/2
miles west of the City of Visalia.
45.
Request
from Resource Management Agency to approve and award an agreement for Job Order
Contracting for Construction Services to Velis Engineering, Inc., 1929
Industrial Way, Sanger, CA and authorize the Chairman to sign the Agreement
upon receipt of approved certificates of insurance, bonds, evidence that the
Contractor possesses a valid State contractor's license, and upon approval as
to form by County Counsel. Authorize the
Resource Management Agency Director, or his designee, and the Senior Capital
Projects Coordinator, or his designee, to act as the Project Managers in
executing individual Job Orders.
Authorize the Purchasing Agent to execute all documentation, agreements,
etc. required to implement individual Job Orders under this Agreement. Require that individual Projects/Job orders
that exceed the Purchasing Agent's authority will be brought back to your Board
for approval prior to commencing.
46.
Request
from Resource Management Agency to approve the Measure R Program Supplement to
Cooperative Agreement for the Right of Way and Plan, Specification and Estimate
Phase of the Road 108 Widening Project in the amount of $3,900,000.
(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
Requests
from County Administrative Office to declare the consent of a replacement
facility for Fire Station #1 - Visalia. Board of Supervisors Agenda Item, April 21,
2009.
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
Extension
of Tulare County Ordinance No. 3383, the Interim Zoning Ordinance prohibiting
the establishment of special event venues (Assemblage of People for educational
or entertainment purposes). Board of
Supervisors Agenda Item, April 21, 2009
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
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Gonzalez, David v. Marks, et al
United
States District Court Case Number 1:07-CV-00949-OWW-GSA
Next Item(s)
Sitting as...
ITEM
E
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Marissa Lara v. County
of Tulare
Tulare County Superior Court Case Number 08-228923
Next Item(s)
Sitting as...
ITEM
F
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Service Employees International Union Local 521 v. County of Tulare
Public
Employee Relations Board Unfair Practice Charge Number SA-CE-559-M
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH LEGAL
COUNSEL - PERSONNEL MATTER
Details
(Government
Code Section 54957.)
Consider
Public Employee Performance Evaluation for the Position of:
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...
