(Public Comment Period)
1.
Present
Proclamation recognizing Ray M. Moreno upon receiving the Presidential Citation
Unit in Washington, D.C.
2.
Recognize
Bill Appleby upon his retirement for 36 years of County service with the
Agricultural Commissioner/Sealer Department.
3.
Public
Comments.
4.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
5.
PUBLIC
HEARING: Request from Auditor-Controller/Treasurer-Tax Collector to
deny the appeal filed by Geoffrey and Diana Glass regarding Transient Occupancy
Tax and require that payment be paid for the total amount of taxes, penalties
and interest due to the County
of Tulare in the amount
of $6,928.05.
6.
PUBLIC
HEARING: Request from County Administrative Office to allow members
of the public to comment on the proposed Project for Ventura Coastal LLC. Approve the Resolution approving the Issuance
of Bonds in a principal amount not to exceed $4,000,000 by the California
Municipal Finance Authority for the benefit of Ventura Coastal LLC.
7.
PUBLIC
HEARING: Request from the Resource Management Agency to continue the
Public Hearing to adopt, find, determine, declare and resolve as follows: a) The public interest and necessity require
the Acquisition of Property by Eminent Domain for the Road 80 Widening Project
Pursuant to Code of Civil Procedure Section 1245.330; Fareed Odeh Saphieh; b)
The Project is planned and located in the manner that will be most compatible
with the greatest public good and the least private injury; c) The property
described in Appendix A is necessary for the Project; d) The offer required by
section 7267.2(a) of the Government Code, together with the accompanying
statement of and summary of the basis for the amount established as just
compensation, was made to the owner or owners of record and the offer and
accompanying statement and summary complied with the requirements of Government
Code section 7267.2(a); and e) County Counsel is authorized to file a legal
action against the property owner. (2/3rds vote required)
(Consent Calendar)
CONSENT CALENDAR (Number 8 through 33)
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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
8.
Ratify
Proclamations Honoring the following:
Jordan Christiansen on the occasion of becoming an Eagle Scout; Dave Tonini as Tulare County Office of
Education's Administrator/Manager of the Year; Michael Young as Tulare County
Office of Education's Teacher of the Year; Maria Magallan as Tulare County
Office of Education's School Employee of the Year; Cynthia Logan upon her
retirement from the Tulare County Superior Court; Hortencia Espino as the
Latino Peace Officers Association's 2009 Woman of the Year; and John Alvarez as
the Latino Peace Officers Association's
2009 Man of the Year.
County Administrative Office
9.
Reaffirm
Resolution No. 2009-0728 declaring an emergency to waive the bid process for
the purchase of two hot water heating units.
District Attorney
10.
Ratify
and approve the submission of an application for continued grant funding from
the California Emergency Management Agency for the Elder Abuse Advocacy and
Outreach Program in the amount of $64,000, retroactive to October 1, 2009
through September 30, 2010. Ratify the
Chairman's signature on the Face Sheet Agreement and all grant application
documents necessary to secure grant funds.
Find that the Board had authority to enter into the agreement as of
October 1, 2009 and that it was in the best interest of the County to enter
into the agreement on that date.
11.
Ratify
and approve an Amendment Addendum to Agreement No. 22669 with American
Corrective Counseling Services, Inc. for Bad Check Restitution and Diversion
Services, retroactive to January 1, 2009 through March 2, 2010. Ratify and approve District Attorney Phil
Cline's signature on behalf of the Chairman.
Find that the Board had authority to enter into the proposed Agreement
Amendment Addendum as of January 1, 2009 and that it was in the County's best
interest to enter into the agreement on that date.
Health & Human Services Agency
12.
Reaffirm
declaration of state of emergency in the Tulare County Drought Resolution No.
2008-0472 adopted June 24, 2008.
13.
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, 2009 through June 30, 2010. Find that the Board had the authority to
accept the award as of July 1, 2009 and that it was in the County's best
interest to accept the award on that date.
14.
Ratify
and approve an agreement with Woodlake Family Resource Center for Tulare County
Health & Human Services, as the Local Government Agency, to act as the
claims processing agent of Medi-Cal Administrative Activities (MAA) claims on
behalf of their school district, retroactive to July 1, 2008 through June 30,
2012. 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.
15.
Ratify
and approve an agreement with Turning Point of Central California, Inc. for the
One-Stop Center-Central Tulare County in the amount of $814,478 to develop a
center for youth and transitional age youth with severe mental illness and/or
severe emotional disturbances, 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.
16.
Ratify
and approve an agreement with Kings View Corporation for the Unidos Para La
Salud/United for Health Mobile Unit-South Tulare County in the amount of
$941,259 to advance mobile mental health services for populations with severe
mental illness and/or severe emotional disturbances in largely un-served and
underserved areas 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.
17.
Ratify
and approve an amendment to Agreement 22797 with Turning Point of Central
California, Inc. for the One-Stop Center-North Tulare County in the amount of
$716,155 to develop a center for youth and transitional age youth with severe
mental illness and/or severe emotional disturbances, 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.
18.
Ratify
and approve an amendment to Agreement No. 22798 with Kings View Corporation for
the provision of services under the Mental Health Services Act, 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.
19.
Ratify
and approve an amendment to Agreement No. 22800 with Turning Point of Central
California, Inc. for the Unidos Para La Salud/United for Health Mobile
Unit-North Tulare County in the amount of $730,823 to advance mobile mental
health services for populations with severe mental illness and/or severe
emotional disturbances in largely un-served and underserved areas 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. 22801 with EMQ Families First, Inc.
to provide Mental Health Services Act 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. 23771 with Tulare Joint Union High
School for Tulare County Health & Human Services, as the Local Government
Agency, to act as the claims processing agent of Medi-Cal Administrative
Activities (MAA) claims on behalf of their school district, retroactive to July
1, 2008 through June 30, 2012. Find that
the Board had the 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.
Resource Management Agency
22.
Accept
Caltrans Division of Aeronautics Capital Improvement Program funds in the
amount of $216,000 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. Certify the availability of the County's ten
percent (10%) matching funds. Authorize
the Chairman of the Board to act on behalf of the County, to execute in the
name of the County of Tulare, the Grant Agreement with the State of California,
subject to County Counsel review and approval.
23.
Approve
Agreement for Purchase of Real Property/Right of Way and Temporary Construction
Easement from Ronald F. McIntosh and Carolyn K. McIntosh for the Road 108
Widening Project in the amount of $1,350.
Authorize the Chairman to sign the Agreement. 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 $1,350 in favor of Ronald F.
McIntosh and Carolyn K. McIntosh.
24.
Approve
Agreement for Purchase of Real Property/Right of Way and Temporary Construction
Easement from Joe A. Pedro and Virginia Pedro, as Trustees of the Pedro Family
Revocable Trust of July 3, 1997 for the Road 108 Widening Project in the amount
of $70,000. Authorize the Chairman to
sign the Agreement. 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 $85,000 in favor of Stewart Title Company.
25.
Approve
Agreement for Purchase of Real Property/Right of Way and Temporary Construction
Easement from Richard D. Miller and Cleaveah J. Miller for the Road 108
Widening Project in the amount of $15,200.
Authorize the Chairman to sign the Agreement. 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 $16,700 in favor of Stewart Title
Company.
26.
Approve
Agreement for Purchase of Real Property/Right of Way and Temporary Construction
Easement from Cal-Western Farming Company for the Road 108 Widening Project in
the amount of $20,750. Authorize the
Chairman to sign the Agreement.
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 $20,900 in favor of Stewart Title
Company.
27.
Approve
Agreement for Purchase of Real Property/Right of Way and Temporary Construction
Easement from Steve Wilson and Brandy Wilson for the Road 108 Widening Project
in the amount of $8,500. Authorize the
Chairman to sign the Agreement. 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 $10,000 in favor of Stewart Title Company.
28.
Approve
Agreement for Purchase of Real Property/Right of Way and Temporary Construction
Easement from Radford P. Spurlock and Telie Y. Spurlock for the Road 108
Widening Project in the amount of $52,300.
Authorize the Chairman to sign the Agreement. 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 $53,800 in favor of Stewart Title
Company.
29.
Approve
the designation of STOP T-intersections,
in accordance with Section 21354 of the California Vehicle Code, at the
following locations: a)Road 92 at Avenue 272, west of the City of Visalia; b) Road 52 at Avenue 408, west of the City of
Dinuba; and c) Road 220 at Cottage P.O. Drive (Diagonal 219), west of the
community of Lindcove. Authorize the
installation of STOP signs at the following T-intersections: a) Southbound lane
of Road 92 at Avenue 272; b) Southbound
lane of Road 52 at Avenue 408; and c) Northbound lane of Road 220 at Cottage
P.O. Drive (Diagonal 219).
30.
Ratify
and approve an amendment to Agreement No. 23349 with the State of California
for a time extension to purchase one 26-passenger compressed natural gas
transit bus, retroactive to December 9, 2008 through October 31, 2009. Find
that the Board had authority to enter into the proposed agreement as of
December 9, 2008 and that it was in the County's best interest to enter into
the agreement on that date.
Sheriff/Coroner
31.
Ratify
and approve an Agreement with the U.S. Department of Justice to accept Grant
Award No. 2009-WE-AX-0015 in the amount of $400,000 for the operation of the
Safety and Accountability in Family Environments Domestic Violence Enforcement
Program, covering the period from October 1, 2009 to September 30, 2011. Find that the Board had the authority to
enter into the agreement as of October 1, 2009, and that it was in the County's
best interest to enter into the agreement on that date. Approve necessary budget adjustments. (4/5ths
vote)
32.
Approve
an amendment to Agreement No. 22879 with Global Tel*Link to provide inmate telephone
services at the Sheriff's Detention Facilities for the period of November 1,
2009 through October 31, 2010.
33.
Ratify
and approve an amendment to Memorandum of Understanding No. 22231 with Superior
Court of California, County of Tulare, to provide court security functions
during normal court hours, retroactive to July 1, 2009 through June 30,
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. Approve the necessary budget
adjustments. (4/5ths vote)
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
34.
Request
from County Administrative Office to review and approve the recommended changes
to Administrative Regulations as follows:
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Deletion
of:
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AR 03 Grant Administration
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AR 05 Extra Help Personnel
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AR 07 Outside Employment
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AR 15 Vacation Donation Policy
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AR 16 Employee Performance Appraisals
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AR 17 Employee Grievance Procedure
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AR 18 Appeal of Disciplinary Action
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AR 19 Discrimination/Sexual Harassment Policy
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AR 24 Dress Code
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AR 27 Veteran’s Preference
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Revision of:
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AR 02 Authorized County Drivers
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AR 04 Budgetary Controls
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AR 08 Vehicle Accident Review Committee
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AR 09 Vehicle Accident Reporting Policy
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AR 13 Employee Emergency Response Procedure
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AR 14 Construction Contract Change Orders
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AR 21 Mail Addressing Requirements
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AR 23 Relocation Expense
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Review and approve as is:
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AR 06 Audit Policy
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AR 20 County
Intern Program
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AR 30 Countywide Vehicle Acquisition Policy
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AR 31 Use of County
Facilities by Non-County Organizations
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AR 32 Salary Bands
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AR 33 Delegated Action Requests
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AR 34 Employee Discounts
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AR 35 Space Leasing Guidelines
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AR 36 Identity Theft “Red Flag”
Prevention Program
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AR 37 Gift and Donation Acceptance
Policy
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35.
Request
from Resource Management Agency to review and accept the Kaweah River
Management Plan 2009 Update. Authorize
eight (8) rafting companies that were issued Commercial River Licenses in
Calendar Year 2009 to maintain their status and be offered the opportunity to
apply for a 2010 Commercial Rafting License.
36.
Request
from Resource Management Agency to authorize the Chairman to sign Williamson
Act Full Nonrenewal Forms for County-initiated nonrenewal of substandard
parcels by facsimile signature pursuant to Government Code Section 25103. Require that copies of the notices of
nonrenewal be delivered to the Chairman and that the personal signature of the
Chairman be certified and acknowledged by the Clerk of the Board of Supervisors
and filed in the office of the Clerk of the Board of Supervisors.
37.
Request
from Resource Management Agency to approve the 2009-2010 Williamson Act
Subvention Report. Authorize the
Chairman to sign the 2009-2010 Williamson Act Subvention Report. Authorize the Chairman to sign the Williamson
Act Subvention Reports in future years.
38.
Request
from Resource Management Agency to approve Application No. GPI 09-003 (Family
Health Care Network/Self Help Enterprises) to proceed with a general plan
amendment on Assessors Parcel Number 075-170-031, approximately 4.57 acres,
located on the south side of Avenue 312, east of Road 72, in the community of
Goshen. The land use would change from residential to community commercial. The
zone change would be from R-1 (Single Family Residential) to a mix of P-O
(Professional-Office) and C-1 (Neighborhood Commercial).
39.
INFORMATION
ONLY: Bid Opening results for the Avenue
280 and Road 156 Traffic Signal Project.
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Contractor
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Amount
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Granite Construction
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$276,519.00
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AC Electric Company
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$305,832.00
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Lee's Paving Inc.
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$354,550.75
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Lockwood General Eng. Inc.
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$419,414.00
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Engineer's Estimate
|
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$310,396.00
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(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
filed by Geoffrey and Diana Glass regarding Transient Occupancy Tax in the
amount of $6,928.05. Board of Supervisors agenda item on October 27, 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: 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 - 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
F
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 017-183-003
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Fareed Odeh Saphieh
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
G
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
H
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: GLAW v. County of Tulare,
Unfair
Practice Charge Number: SA-CE-617-M
Next Item(s)
Sitting as...
ITEM
I
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...
