(Public Comment Period)
1.
Public
Comments.
2.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
3.
PUBLIC
HEARING: Request from Resource Management Agency to approve the sewer
and water user fee adjustments for specific County Service Area Zones of
Benefit (El Rancho, Delft Colony, Seville, Tonyville, Tooleville, Traver,
Yettem, and Wells Tract sewer systems, in addition to the Delft Colony, Yettem,
and Wells Tract water systems), effective September 1, 2009.
4.
PUBLIC
HEARING: Request from the Resource Management Agency to authorize the
submittal of a 2009 Community Development Block Grant Economic Development
Allocation Application and the 2009 Community Development Block Grant Planning
and Technical Assistance General Allocation Application and to receive comments
regarding the close-out of Grant No. 06-STBG-2559 and Grant No.
06-EDBG-2561. As required by State
regulations, authorize submittal of a 2009 Community Development Block Grant
Economic Development Allocation Application for $300,000 in funding to be
distributed as follows: Public Services,
$277,500; and General Administration, $22,500.
As required by State regulations, authorize submittal of a 2009
Community Development Block Grant Planning and Technical Assistance General
Allocation Application for $70,000 in funding to be distributed as follows:
Water, Sewer and Storm Water Drainage Master Plan, $33,250; General
Administration, $1,750; HUD required 10-Year Plan to End Homelessness, $33,250;
and General Administration, $1,750. As
required by State regulations, authorize the amendment to Standard Agreement
07-EDEF-3721 to reallocate funds from Business Assistance to Microenterprise in
the following amounts: Decrease:
Business Assistance, $114,000; and Business Assistance Activity Delivery,
$14,000. Increase: Microenterprise, $114,000; and
Microenterprise Activity Delivery, $14,000.
Approve the Façade Program Guidelines and Business Assistance Revolving
Loan Program Guidelines. Authorize the
Chairman of the Board of Supervisors to sign the completed applications 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. 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 Agreements
with the State of California and any
amendments thereto, subject to County
Counsel review and
approval. Authorize the County
Administrative Officer to sign the final close-out certification documents and
accept the final products. Authorize
submittal of all signed close-out documents to the State Department of Housing
and Community Development for Grant No's 06-STBG-2559 and 06-EDBG-2561.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
5.
Request
from Resource Management Agency to authorize commitment and expenditure of
Tulare County Redevelopment Agency funds in the amount of $45,000 from the
Cutler-Orosi Project Area Budget No. RO3-RO3-2000 ($15,000), Earlimart Project
Area Budget No. RE3-RE3-2000 ($15,000) and Pixley Project Area Budget No.
RP3-RP3-2000 ($15,000) to be used as local leverage for the 2009 Community
Development Block Grant Economic Development Application. Find that leveraging financial resources for
Microenterprise Technical Assistance and Loan Program in these communities: (a)
is consistent with the adopted Redevelopment Plans; (b) implements the affected
redevelopment plan 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.
Find that there are no other reasonable and available means of financing
the local leverage for the 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
(Consent Calendar)
CONSENT CALENDAR (Number 6 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.
|
Board of Supervisors
6.
Reappoint
Wayne O. Millies to the Public Facilities Corporation as District 5
representative for a term ending July 1, 2013.
7.
Reappoint
Steve Sunderland to the Indian Gaming Local Community Benefit Committee for a
term ending June 30, 2012.
8.
Appoint
Charles Norman to the Tulare County Planning Commission as Member At-Large for
a term ending December 31, 2011.
9.
Reappoint
Stan Bennett to the Treasury Oversight Committee as Public Member for a term
ending December 17, 2011.
10.
Appoint
Art Pena to the Solid Waste Technical Advisory Board as Refuse Haulers
Association representative to serve at the pleasure of the Board.
County Counsel
11.
Adopt
Revised Rules of Procedure for the Assessment Appeals Board.
12.
Waive
the second reading and adopt an Ordinance amending Subpart (4) of Subsection
(c) of Section 6-03-1020, Subsection (e) of Section 6-03-1020, Subsection (a)
of Section 6-03-1030, Section 6-03-1040, Section 6-03-1050, Subsection (i) of
Section 6-03-1090, and Section 6-03-1150 of, and adding Section 6-03-1041 to
Chapter 3 of Part VI of the Ordinance Code of Tulare County pertaining to the
investigation, license and permit requirements, and enforcement provisions
applicable to adult oriented businesses and performers. Direct the Clerk of the Board to publish a
summary of the Ordinance as required by law.
13.
Waive
the second reading and adopt the proposed Ordinance amending Section 145 of the
General Provisions, Subpart (5) of
Subsection (c) of Section 1-23-1020 of Chapter 23 of Part I, Sections
6-01-1070, 6-01-3000, 6-01-4020, 6-01-5000, and Subsection (a) of Section
6-01-4050, adding Subpart 5 to Subsection (a) of Section 6-01-2020, and
repealing Section 6-01-3010 of Chapter 1 of Part VI of the Ordinance Code of
Tulare County, pertaining to the definitions in the General Provisions of the
Ordinance Code of Tulare County, to the authority for the business license
collector to assess civil fines and penalties, and to the general provisions
regarding the licensing and regulation of business operations as to investigating
officers and the prerequisites for applications, application and appeal fees,
and grounds for consideration of license suspension. Direct the Clerk to publish and post a
summary of the Ordinance after adoption as required by law. Adopt a Resolution setting the following fees
originally fixed by Section 6-01-3000 and following of Chapter 1 of Part VI of
the Ordinance Code of Tulare County prior to the August 11, 2009, amendment of
that section: A) Unless otherwise
provided by another Chapter of Part VI of the Ordinance Code of Tulare County,
at the time of the filing of an application for a new license under Part VI of
the Ordinance Code of Tulare County, an application fee in the amount of Forty
Dollars ($40.00) shall be paid to the license collector for the purpose of
defraying the expense of investigation of the applicant; B) At the time of the
filing of an application for a new license under Part VI of the Ordinance Code
of Tulare County, an application fee in the amount of Twenty Dollars ($20.00) shall
be paid to license collector for the purpose of defraying the expenses of an
inspection of the business premises; C) The fees specified in A and B above
shall not be required when the applicant files an application for renewal of an
existing license pursuant to Article 1 of Chapter 1 of Part VI of the Ordinance
Code of Tulare County; and D) No part of the application fee shall be refunded
except in accordance with Section 130 of the Ordinance Code of Tulare County.
County Administrative Office
14.
Award
the contract for the Phase 1- Mooney Grove Park Bike and Trail Project to the
lowest Responsible Bidder, Gary Interrante Construction, Three Rivers, CA in
the amount of $194.000. Authorize the
Chairman 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.
15.
Approve
an amendment to Agreement No. 24063 with Tri-Counties Roofing for the
Government Plaza Roofing project in the amount of $36,750. Authorize the Chairman to sign the amendment,
subject to review and approval as to form by County Counsel.
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.
Authorize
the submittal of an application for $66,105 in California Integrated Waste
Management Board Used Oil Block Grant, Cycle 15 funds to fund public education
and the collection and recycling of used motor oil and oil filters.
18.
Authorize
the submittal of an application for the Fiscal Year 2009 State Homeland
Security Grant Program, not to exceed $965,922 to enhance the ability of state,
local and tribal governments to prepare for, prevent, respond to and recover
from terrorist attacks and other disasters.
19.
Ratify
and approve an amendment to Agreement No. 23288 with CF Merced, LLC d.b.a.
County Villa Merced Behavioral Health Center to provide stabilization and
long-term maintenance for mentally disabled clients of Tulare County,
retroactive to July 1, 2009 through June 30, 2010. Find that the Board had authority to enter
into the proposed agreement as of July 1, 2009, and that it was in the County's
best interest to enter into the agreement on that date.
20.
Ratify
and approve an amendment to Agreement No. 23267 with Aurora Vista Del Mar
Hospital to provide short term, inpatient psychiatric services, retroactive to
July 1, 2009 through June 30, 2010. Find
that the Board had authority to enter into the proposed agreement as of July 1,
2009, 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. 21639 with Central California Family
Crisis Center, to receive Public Health Nursing services from Tulare County
Health & Human Services Agency, retroactive to July 1, 2009 through June
30, 2010. Find that the Board had
authority to enter into the proposed agreement as of July 1, 2009, 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. 22423, which is the sub-agreement
between Proteus, Inc. and Tulare County Health & Human Services Agency, to
provide prevention services to youth throughout Tulare County aimed at reducing
teenage pregnancy, retroactive to July 1, 2009 through June 30, 2010. Find that the Board had authority to enter
into the proposed agreement as of July 1, 2009, and that it was in the County's
best interest to enter into the agreement on that date.
23.
Ratify
and approve the renewal agreement with the California Department of Public
Health, Immunization Branch in the amount of $95,000 to develop and implement
local and/or regional automated immunization information and reminder systems,
retroactive to July 1, 2009 through June 30, 2010. Find that the Board had authority to enter
into the proposed agreement as of July 1, 2009, and that it was in the County's
best interest to enter into the agreement on that date.
Human Resources & Development
24.
Ratify
and approve the renewal agreement with Liebert Cassidy Whitmore, a Professional
Law Corporation, for providing training services in the amount of $5,270,
retroactive to July 1, 2009 through June 30, 2010. Find that the Board had authority to enter
into the proposed agreement as of July 1, 2009, and that it was in the County's
best interest to enter into the agreement on that date.
25.
Ratify
and approve an amendment to Agreement No. 23092 with Gallagher Benefit
Services, Inc. to provide benefits consulting services related to the selection
of various benefits plans offered to County and Special District employees, retirees,
and eligible dependents, retroactive to June 1, 2009 through May 31, 2010. Find that the Board had authority to enter
into the proposed agreement as of June 1, 2009, and that it was in the County's
best interest to enter into the agreement on that date.
26.
Ratify
and approve the Side Letter of Agreement with the Tulare County Deputy
Sheriff's Association signed by the County on July 3, 2009. Find that the Board had authority to enter
into the proposed agreement as of July 3, 2009, and that it was in the County's
best interest to enter into the agreement on that date.
27.
Ratify
and approve the Memorandum of Understanding with Tulare County Professional
Firefighter's Association (Bargaining Unit #23), retroactive to July 1, 2009
through July 31, 2010. Find that the
Board had authority to enter into the proposed agreement as of July 1, 2009,
and that it was in the County's best interest to enter into the agreement on
that date.
28.
Ratify
and approve the Memorandum of Understanding with the Tulare County District
Attorney Investigators Association (Bargaining Unit #5), retroactive to July 1,
2009 through July 31, 2010. Find that
the Board had authority to enter into the proposed agreement as of July 1,
2009, and that it was in the County's best interest to enter into the agreement
on that date.
29.
Ratify
and approve the Memorandum of Understanding with Tulare County Corrections
Association (Bargaining Unit #12), retroactive to July 1, 2009 through July 31,
2010. Find that the Board had authority
to enter into the proposed agreement as of July 1, 2009 and that it was in the
County's best interest to enter into the agreement on that date.
30.
Ratify
and approve the Memorandum of Understanding with the Service Employees
International Union - Local 521, retroactive to August 1, 2009 through July 31,
2011. Find that the Board had authority
to enter into the proposed agreement as of August 1, 2009 and that it was in
the County's best interest to enter into the agreement on that date.
31.
Ratify
and approve the Memorandum of Understanding with the District Attorney Criminal
Investigators Association, retroactive to July 1, 2009 through July 31,
2010. Find that the Board had the
authority to enter into the proposed agreement as of July 1, 2009 and that it
was in the County's best interest to enter into the agreement on that date.
Information Technology
32.
Ratify
and approve an agreement with Bear Data Systems, Inc. for providing hardware
and software maintenance for infrastructure equipment, retroactive to July 1,
2009 through June 30, 2010. Find that
the Board had authority to enter into the agreement as of July 1, 2009, and
that it was in the County's best interest to enter into the agreement on that
date.
Probation
33.
Ratify
and approve an amendment to Agreement No. 23441 with the City of Visalia to
provide the services of a Probation Officer for the operation of the
Police/Probation Partnership Program, retroactive to July 1, 2009 through June
30, 2010. Find that the Board had the
authority to enter into the proposed amendment as of July 1, 2009, and that it
was in the County's best interest to enter into the agreement on that date.
Resource Management Agency
34.
Approve
an amendment to Agreement No. 20797 with Tulare Am-Vets Post 56 pertaining to
the lease of real property located at 205 N. L Street in the City of Tulare to
extend the term of the agreement for one year upon the Board's approval.
35.
Authorize
submittal of the 2009 Home Investment Partnerships Program (HOME) Project
Applications for $3,055,000 in response to the Notice of Funding Availability
issued on June 1, 2009, with $955,000 for a Homebuyer New Construction Project
to be implemented in the Goshen Redevelopment Project Area and $2,100,000 for
an 80-unit Multi-Family New Construction Project to be implemented in the
Ivanhoe Redevelopment Project Area.
Authorize leverage of $350,000 ($300,000 for construction financing in
Goshen and $50,000 for project delivery in Ivanhoe), which is consistent with
the County's adopted Housing Element Program 2.22. Adopt HOME Homebuyer New Construction Project
Mortgage Assistance Guidelines. Agree
that if the applications for funding are approved, the County will use the HOME
funds for eligible activities in the manner presented in the applications 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 applications, the Standard Agreement and any amendments thereto,
subject to County Counsel review and approval and all other documents required
by Housing and Community Development for participation in the HOME Program.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
36.
Authorize
the commitment of Tulare County Redevelopment Agency funds in the amount of
$350,000 as leverage to be provided from Goshen ($300,000) and Ivanhoe
($50,000) for the 2009 Home Investment Partnerships Program (HOME) Project
Applications for a Homebuyer New Construction Project to be implemented in the
Goshen Redevelopment Project Area and for an 80-unit Multi-Family New
Construction Project to be implemented in the Ivanhoe Redevelopment Project
Area. Find that leveraging financial
resources to assist with providing decent, safe and affordable housing is (a)
consistent with the adopted Affordable Housing Component and the Redevelopment
Plans for Goshen and Ivanhoe; (b) implements the Redevelopment Plans by
increasing the County's supply of housing for persons and families of low or
moderate-income at an affordable cost pursuant to Health and Safety Code
33334.2(a); and (c) is consistent with the Implementation Plans adopted
pursuant to Health and Safety Code 33490.
Find that there are no other reasonable available means of financing
leverage funds for the proposed HOME Projects and that the County does not have
available funding for these purposes.
37.
Accept
the Richgrove Storm Water Drainage, Air Quality Improvement and Recreation
Project Phase III as complete by Construction Development Systems, Inc. Authorize the Tulare County Redevelopment
Agency Executive Director to sign a Notice of Completion for the Project. Direct the Clerk of the Board to have the
Notice of Completion recorded.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
Sheriff/Coroner
38.
Ratify
and approve an amendment to Agreement No. 19540 with Alternative Services, Inc.
for the counseling services provided to the Residential Substance Abuse
Treatment in the amount of $154,713, retroactive to July 1, 2009 through June
30, 2010. Find that the Board had
authority to enter into the proposed amendment as of July 1, 2009, and that it
was in the County's best interest to enter into the agreement on that date.
39.
Ratify
and approve an amendment to Agreement No. 23280 with the Visalia Unified School
District regarding a School Resource Officer at Charter Alternative Academy,
retroactive to July 1, 2009 through June 30, 2010. Find that the Board had authority to enter
into the amendment as of July 1, 2009, and that it was in the County's best
interest to enter into the amendment on that date.
40.
Ratify
and approve the Grant Award Amendment with the California Emergency Management
Agency to increase the grant award from $242,365 to $288,222. Find that the Board had authority to approve
the Grant Award Amendment as of July 8, 2009, 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 District Attorney to approve the reduction in allocated positions for
Welfare Fraud Investigation Unit, effective September 12, 2009. Direct the
District Attorney's Office and Human Resources and Development Department to
initiate the layoff process, including the issuance of notices of layoff and
meeting and conferring with the affected unions. Approve the Personnel Resolution to delete
one (1) Supervising Welfare Investigator, two (2) Welfare Investigators and one
(1) Legal Office Assistant I.
42.
Presentation
given by the Fire Department regarding the closing of the Waukena Fire Station.
43.
Request
from Resource Management Agency to review option for modification of the
Williamson Act Program. Direct staff to
research available options for Williamson Act Work Program for 2009/2010 and
future years.
44.
INFORMATION
ONLY: Bid Opening results for Sequoia
Field Airport Rehabilitate Taxiway.
(Closed Session)
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Contractor
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Bid Amount
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|
|
|
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RJ Berry Jr. Inc.
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$1,016,346.60
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Granite Construction
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$1,148,266.00
|
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Lee's Paving Co.
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$1,149,510.80
|
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American Paving Co.
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$1,275,394.08
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Don Berry Construction
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$1,349,901.00
|
|
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Engineer's Estimate
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$1,546,939.00
|
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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: 4
Proposed Tulare County
General Plan 2030 Update and Draft Environmental Impact Report.
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: 2
Board of
Supervisors August 11, 2009 Agenda Item pertaining to the Review of Option for
Modification of the Williamson Act Program; and Direction to staff to research
available options for Williamson Act Work Program for 2009/2010 and future
years.
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
(Government
Code Section 54956.9 (c).)
Number of
Potential Cases: 6
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: 2
Next Item(s)
Sitting as...
ITEM
E
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: A 30/57 mile line of
railroad between Strathmore, CA
milepost 268.60 and Jovista, CA
milepost 299.17 in Tulare
County.
Agency
Negotiator: Jean M. Rousseau and Kristin
Bennett
Negotiating
Parties: San Joaquin Valley
Railroad, Union Pacific
Under
Negotiation: Price, Terms of Payment,
and Other: Operations
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 LABOR
NEGOTIATOR
Details
(Government
Code Section 54957.6)
Agency
Designated Representative: Tim Huntley and Jean M. Rousseau
Employee
Organization: All Certified Employee Organizations
Unrepresented
Employees: All Unrepresented Employees except Elected
Next Item(s)
Sitting as...
Sitting as the Tulare
County IHSS Public
Authority Board
ITEM
H
CONFERENCE WITH LABOR
NEGOTIATOR
Details
(Government
Code Section 54957.6)
Agency
Designated Representative: Tim Huntley
and Jean M. Rousseau
Employee
Organization: All Certified Employee
Organizations
Unrepresented
Employees: All Unrepresented Employees
except Elected
Next Item(s)
Sitting as...
