(Public Comment Period)
1.
Public
Comments.
2.
Board
of Supervisors matters.
CONSENT CALENDAR
(Number 3 through 24)
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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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Board of Supervisors
3.
Approve
a request to designate the Arts Council of Tulare County as the official arts
council in Tulare County through June 30, 2010.
Child Support Services
4.
Approve
the use of alternative work schedules for employees of the Tulare County
Department of Child Support Services by closing the offices to the public every
Friday commencing October 11, 2009.
Health & Human Services Agency
5.
Reaffirm
declaration of state of emergency in the Tulare County Drought Resolution No.
2008-0472 adopted June 24, 2008.
6.
Ratify
and approve an amendment to Agreement No. 21893 with Envision Resources, Inc.
to assist in accessing Patient Assistance Programs, retroactive 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.
7.
Ratify
and approve the submittal of a grant application to the Tulare County Mental
Health Services Act, Prevention and Early Intervention, Children and Youth in
Stressed Families, Maternal Mental Health for the Fiscal Year 2009/2010 and
2010/2011 in the amount of $1,000,000.
Probation
8.
Ratify
and approve the amendments to Agreement No. 21731 with Exeter Union School
District; Agreement No. 21680 with Earlimart School District; and Agreement No.
21659 with the City of Visalia to provide the services of Probation Officers
for the continued operation of the Delinquency Prevention Program, retroactive
to July 1, 2009 through June 30, 2010.
Find that the Board had authority to enter into the proposed amendments
to agreements as of July 1, 2009, and that it was in the County's best interest
to enter into the agreements on that date.
Resource Management Agency
9.
Award
a construction contract for the Sequoia Field Airport Taxiway Rehabilitation
Project to RJ Berry Jr. Inc. as the lowest responsive and responsible bidder,
in the amount of $1,016,346.60.
Authorize the Chairman of the Board to sign the construction contract upon: receipt of certificates of insurance and
bonds and evidence that the contractor possesses a valid State Contractor's
License; after review and approval as to form by County Counsel; and receipt of
a letter from the Federal Aviation Administration authorizing award of a
construction contract. Authorize the
Tulare County Airport Manager to execute a Grant Agreement with the Federal
Aviation Administration to accept grant funds for this project and act in all
other matters pertaining to this Grant Agreement.
10.
Ratify
and approve an amendment of Joint Exercise of Powers Agreement No. 19844 with
the Kaweah Delta Water Conservation District for the purpose of using a portion
of Elk Bayou Park as a sinking basin, retroactive to July 1, 2009. 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.
11.
Ratify
and approve an agreement with the State of California, Department of Forestry
and Fire Protection (CALFIRE) regarding the 50/50 split of cost for trash
service at Mt. Home Demonstration State Forest and Balch Park, retroactive to
July 1, 2009 to October 31, 2011. 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.
12.
Approve
an agreement with Garfield Water 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.
13.
Approve
the Cooperative Agreement with the City of Tulare for the County to acquire
right of way in the City of Tulare for the Road 108 widening project.
14.
Approve
an agreement for Purchase of Property/Right of Way and Temporary Construction
Easement from Steven and Karin Koobatian for the Road 80 Widening Project in
the amount of $14,300. Authorize County
Counsel to sign the Grant Deed and Temporary Construction Easement acceptances
upon presentation. Authorize the
Resource Management Agency Director, or 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 $15,800 in favor of Chicago Title Company.
15.
Approve
an agreement for Purchase of Property/Right of Way and Temporary Construction
Easement from Pedro and Maria Castrejon for the Road 80 Widening Project in the
amount of $64,000. 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 $66,000 in favor of Chicago Title Company.
16.
Approve
an agreement for Purchase of Property/Right of Way and Temporary Construction
Easement from Kay and Shizuye Hada for the Road 80 Widening Project in the
amount of $138,500. Approve "spend
to get" items of: Relocation
Housing payment of up to $14,900; and Moving expense payment of up to
$1,900. Authorize County Counsel to sign
the Grant Deed and Temporary Construction Easement acceptances upon
presentation. Authorize the Resource
Management Agency Director, or 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 $141,000 in favor of Chicago Title Company.
17.
Approve
an agreement for Purchase of Property/Right of Way and Temporary Construction
Easement from Paul G. Romero and Evelyn Romero for the Road 80 Widening Project
in the amount of $95,000. Authorize
County Counsel to sign the Grant Deed and the Temporary Construction Easement
acceptances upon presentation. Authorize the Resource Management Agency
Director, or 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 $96,500 in favor of Chicago
Title Company.
18.
Approve
an agreement for Purchase of Property/Right of Way and Temporary Construction
Easement from Walter and Lynda Peacock, for the Road 80 Widening Project in the
amount of $275,500. Approve "Spend
to Get" relocation benefits in the amount of: up to $3,500 for moving
expense, up to $10,000 for replacement housing, and up to $10,000 for closing
costs for replacement housing including loan fees. Authorize County Counsel to sign the Grant
Deed and Temporary Construction Easement acceptances upon presentation. Authorize the Resource Management Agency
Director, or 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 $278,000 in favor of Chicago
Title Company.
19.
Approve
an agreement for Purchase of Property/Right of Way and Temporary Construction
Easement from Charles C. Cornett and Mary K. Cornett for the Road 80 Widening
Project in the amount of $471,250.
Approve "spend to get" moving expense of $2,150. 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 $474,250 in favor
of Chicago Title Company.
20.
Approve
an agreement for Purchase of Real Property/Right of Way and Temporary
Construction Easement from Betty Jean Goins, Trustee of The Betty Jean Goins
2005 Trust, as to an undivided one-half and Betty J. Goins, as Trustee of the
Martial Trust and Bypass Trust created under the Will of Lewis W. Goins,
deceased, as to an undivided ½ interest by final distribution recorded October
27, 2005 for the Road 108 Widening Project in the amount of $53,500. Authorize County Counsel to sign the Grant
Deed and Temporary Construction Easement acceptances upon presentation.
Authorize the Resource Management Agency Director, or designee, to open an
escrow, sign all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the
amount of $55,000 in favor of Stewart Title Company.
21.
Approve
an agreement for Purchase of Real Property/Right of Way and Temporary
Construction Easement from Patrick L. Cocagne, Janice Cocagne, and Barbara M.
Cocagne, Trustee of the Barbara M. Cocagne Living Trust for the Road 108
Widening Project in the amount of $5,000.
Authorize County Counsel to sign the Grant Deed and Temporary
Construction Easement acceptances upon presentation. Authorize the Resource Management Agency
Director, or designee, to open an escrow, sign all documents to facilitate the
escrow for this acquisition. Direct the Auditor to draw a warrant in the amount
of $5,800 in favor of Stewart Title Company.
22.
Approve
an agreement for Purchase of Real Property/Right of Way/Temporary Construction
Easement/Irrigation Easement from Harrie Lee Carrigan, Trustee of the E. M.
Carrigan Bypass Trust for the Road 108 Widening Project in the amount of
$49,900. Authorize County Counsel to
sign the Grant Deed, Temporary Construction Easement and Irrigation Easement
acceptances upon presentation. Authorize the Resource Management Agency
Director, or designee, to open an escrow, sign all documents to facilitate the
escrow for this acquisition. Direct the
Auditor to draw a warrant in the amount of $51,400 in favor of Stewart Title
Company.
23.
Approve
an agreement for Purchase of Real Property/Right of Way and Temporary
Construction Easement from Harrie Lee Carrigan, Trustee of the E. M. Carrigan
Bypass Trust and William L. Goins, Jr., as Trustee of the William L. Goins, Jr.
Revocable Trust for the Road 108 Widening Project in the amount of
$20,900. Authorize County Counsel to
sign the Grant Deed and Temporary Construction Easement acceptances upon
presentation. Authorize the Resource
Management Agency Director, or designee, to open an escrow, sign all documents
to facilitate the escrow for this acquisition.
Direct the Auditor to draw a warrant in the amount of $22,400 in favor
of Stewart Title Company.
Sheriff/Coroner
24.
Ratify
and approve an amendment to Agreement No. 23796 with the U.S. Department of
Justice for seized and forfeited drug assets, retroactive to July 1, 2009
through June 30, 2010. Find that the
Board had authority to enter into the proposed amendment on that date, 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
25.
Request
from Health and Human Services Agency to ratify and approve amendments to the
following agreements: (1) No. 23972 with
Community Services and Employment Training, Inc. in the amount of $10,982,704;
(2) No. 23923 with Proteus, Inc. in the amount of $5,322,161; and (3) No. 23924
with SEE and Company in the amount of $4,196,206, to provide comprehensive job
services to clients of TulareWORKs, retroactive to July 1, 2009 through
September 30, 2010. Find that the Board
had authority to enter into the proposed agreements as of July 1, 2009 and that
it was in the County's best interest to enter into the agreements on that date.
26.
Request
from Health and Human Services Agency to approve the Personnel Resolution
regarding reorganization of the Health & Human Services Agency, Child Welfare
Services (CWS) Division restructure amending the proposed Fiscal Year 2009/2010
as follows: Staff reductions to include
one (1) Administrative Aide; five (5) Social Worker-Adoptions; four (4) Court
Representative CWS; fifteen (15) Caseworker Aide II-CWS; one (1) CWS Manager;
one (1) Investigator-HHS; one (1) Social Worker-Adoptions Lead; one (1) Lead
Court Representative CWS; one (1) Office Assistant II; two (2) Office Assistant
IIIs; two (2) Office Assistant IVs; one (1) Paralegal II; one (1) Prevention
Program Supervisor; one (1) Nurse-Registered; one (1) Nurse- Public Health II;
ten (10) Social Services Worker IIs; five (5) Social Services Worker III-CWS;
one (1) Office Assistant-Supervising; and one (1) Trainer-CWS. Staff additions to include: three (3) Social
Services Worker IIIs; and thirteen (13) Lead Social Services Worker
III-CWS. Adjust the compensation for the
incumbent Division Manager HHS Child Welfare Services to $92,775 annually. Authorize Human Resources and Development to
initiate the County's layoff process affecting the Human Services Department,
Child Welfare Services Division, issue notices of layoff and to meet and confer
with the affected union. Approve the
necessary budget adjustments. (4/5ths
vote).
27.
Request
from County Counsel to 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.
28.
Request
from Resource Management Agency to receive an update and review options for
modification on the Williamson Act Program.
Direct staff to initiate selected options for Williamson Act Work
Program for 2009/2010 and future years.
(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: 2
Board of
Supervisor August 25, 2009, meeting agenda item requesting the adoption of an
Ordinance amending certain sections of Chapter 3 of Part VI of the Ordinance
Code of Tulare County pertaining to the business license and permit
requirements applicable to adult oriented businesses and performers.
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.
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: 2
Proposals
pertaining to Modification of the County
of Tulare's Williamson
Act Program, including but not limited to possible non-renewal of Williamson
Act contracts.
Next Item(s)
Sitting as...
ITEM
D
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
E
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
F
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 237-020-06
Agency
Negotiator: Jean M. Rousseau and Bill
Hayter
Negotiating
Parties: Poplar Community Services
District
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Willis, Lonnie & Gayle v. County of Tulare, Joseph Teller, et al
Tulare County
Superior Court Case No.
09-231270
Next Item(s)
Sitting as...
ITEM
H
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
I
CONSIDER PUBLIC
EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:
Details
Resource
Management Agency Director
(Government
Code Section 54957.6)
Next Item(s)
Sitting as...
ITEM
J
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
K
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...
