(Public Comment Period)
1.
Recognize
Jean Brou upon his retirement from Resource Management Agency for his 37 years
of County service.
2.
Recognize
Gary Kunkel upon his retirement as the Agricultural Commissioner/Sealer for his
35 years of County service.
3.
Recognize
Peggy Anderson upon her retirement as the Director of Child Support Services
for her 20 years of County service.
4.
State
of the County presented by the Chairman J. Steven Worthley.
5.
Public
Comments.
6.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
7.
PUBLIC
HEARING: Request from Resource Management Agency to continue the
appeal to April 27, 2010 filed by Robert J. Owen regarding the decision of the
Zoning Administrator denying Zone Variance No. PZV 08-027 (ZA) to allow the
creation of .37-acre homesite parcel from an original parcel (4.70 acres)
containing less acreage than required in the AE-10 (Exclusive Agricultural-10
acre minimum) Zone, located on the east side of Road 252 (Plano Street),
approximately 1,350 feet south of Scranton Avenue, south of Porterville.
(Consent Calendar)
CONSENT CALENDAR (Number 8 through 29)
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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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Agricultural Commissioner/Sealer
8.
Ratify
and approve an agreement with the California Department of Food and Agriculture
for the purpose of enforcement of the California cotton plowdown regulations,
retroactive to December 1, 2009 through March 31, 2010. Find that the Board had authority to enter
into the proposed agreement as of December 1, 2009, and that it was in the
County's best interest to enter into the agreement on that date.
Board of Supervisors
9.
Ratify
the following Proclamations: Honoring
Gwen McLaughlin for more than 25,000 hours of Volunteer Service to Tulare
County; and Honoring Myles Chute upon his Retirement from the Dinuba Fire Department.
10.
Reappoint
Katherine Rowland-Smith to the Sequoia Area VIII Board on Developmental
Disabilities for a term ending December 31, 2012.
11.
Reappoint
Patricia Marin to the Woodlake Public Cemetery District for a term ending
January 7, 2014.
12.
Reappoint
William Goodale to the Tulare County Mental Health Board, Consumer - Seat 5,
for a term ending December 31, 2012.
13.
Reappoint
Darrell Taylor to the Porterville Public Cemetery District for a term ending
January 6, 2014.
14.
Appoint
Irene Rodrigues, Tenant Commissioner, to the Housing Authority of Tulare County
for a term ending December 18, 2010.
Appoint Pamela Shaw, Tenant Commissioner, to the Housing Authority of
Tulare County for a term ending December 18, 2011.
15.
Appoint
Marilyn Kinoshita to the Solid Waste Management Technical Advisory Committee,
Agricultural Commissioner/Sealer seat, to serve at the pleasure of the Board.
16.
Reappoint
Jeff Belknap, Sue Halford and Marcia Williams to the Alta Cemetery District for
terms ending January 6, 2014.
Cooperative Extension
17.
Ratify
and approve an agreement with the California Department of Food and Agriculture
in the amount of up to $59,990 for providing coordination of services in
support of Tulare County Weed Management Area activities at the Eastern Leading
Edge of the Sierra Nevada Foothills of Tulare County, retroactive to January 1,
2010 through December 31, 2011. Find
that the Board had the authority to enter into the proposed agreement as of
January 1, 2010 and that it was in the County's best interest to enter into the
agreement on that date. Authorize the
addition of one part time, limited term, project service position as a
Community Program Specialist. Approve
the necessary budget adjustments. (4/5 vote required)
County Counsel
18.
Waive
the second reading and adopt an Ordinance adding Chapter 20 of Part VI of the
Ordinance Code of Tulare County pertaining to business licenses for mobile food
vendors. Direct the Clerk to publish a
summary of the ordinance before the second reading as required by law.
County Administrative Office
19.
Ratify
actions taken by the County Administrative Officer during the month of December
2009 regarding Personnel/Payroll Changes and Good Works Funding Agreements.
20.
Approve
the bid documents for the History of Farm Labor and Agriculture Museum Elevator
Project. Authorize the Advertisement of
Bids and set the Bid Opening for the project at 2:00 p.m. on Thursday, March 4,
2010.
Economic Development
21.
Approve
an amendment to the Fiscal Year 2008/2009 comprehensive Economic Development
Strategy Report to include the City of Visalia's proposed infrastructure
project.
Health & Human Services Agency
22.
Reaffirm
declaration of state of emergency in the Tulare County Drought Resolution No.
2008-0472 adopted June 24, 2008.
23.
Ratify
and approve the follow-up letter dated December 18, 2009 and the signature of
the Chairman of the Board on the notification letter signed January 4, 2010,
regarding the mutual agreement to terminate Agreement No. 23928 with
Independence Medical Group Central California, Inc., effective February 28,
2010.
24.
Approve
an agreement with Kaweah Delta Health Care District to allow Kaweah Delta
Health Care District to be designated as a Level III Trauma Center, effective
January 26, 2010 through October 26, 2010.
25.
Approve
an agreement with LaSalle Medical Associates to provide Primary Care medical
services and other health care to enrollees of plans listed with LaSalle
Medical Associates, effective March 1, 2010.
Human Resources & Development
26.
Ratify
and approve a Side Letter of Understanding between the County of Tulare and the
Professional Law Enforcement Managers Association (PLEMA), Unit 14, retroactive
to December 23, 2009 that defers receipt of their uniform allowance that is
scheduled to be paid in December 2009 and July 2010, and waives employee
participation, except for those retiring from County service between January 1,
2010 through March 31, 2010, in the Sick Leave Buy Back Program that was
scheduled to be paid out in December 2009.
Find that the Board had authority to enter into the proposed agreement
as of December 23, 2009, and that it was in the County's best interest to enter
into the agreement on that date.
Resource Management Agency
27.
Approve
the Local Assistance Projects' No Cooperative Work Agreement Needed Confirmation
Form for Bicycle Transportation Account Project (Caltrans Project Number BTA
07/08-06-TUL-02) on Avenue 416 Lapsing June 30, 2010.
28.
Approve
an amendment to Agreement No. 20827 with Dokken Engineering to substitute
Interwest Consulting Group for Universal Field Services for right of way
acquisition services for the improvement of the intersection of Avenue 416 and
Road 80, City of Dinuba.
29.
Approve
an agreement for Purchase of Property/Right of Way and Temporary Construction
Easement from Jay te Velde Jr. and Darlene te Velde, Trustees of the Jay te
Velde and Darlene te Velde Trust, dated December 19, 2000 for the Road 80
Widening Project in the amount of $141,412.50.
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; and Direct the Auditor to draw a warrant in
the amount of $142,912.50 in favor of Chicago Title Company.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
30.
Request
from Resource Management Agency to approve the Measure R Program Supplement to
Tulare County Transportation Cooperative Agreement, in the amount of $184,350,
to allow the following: Transfer of Measure R Pedestrian funds, in the amount
of $154,350, to Tulare County's Local Program fund, in accordance with the
Measure R Expenditure Plan Guidelines; and Cost reimbursement for design work,
in the amount of $30,000, on future pedestrian projects.
31.
Request
from Resource Management Agency to approve the Measure R Program Supplement to
Tulare County Transportation Cooperative Agreement, in the amount of $170,133,
to allow the following: Transfer of
Measure R bike funds, in the amount of $30,000, to Tulare County's Local
Program fund, in accordance with the Measure R Expenditure Plan
Guidelines; Cost reimbursement, in the
amount of $137,918, for shoulder widening project to accommodate Class II bike
lanes on the south side of Avenue 416 from Road 92 to Road 124; and Cost reimbursement, in the amount of $2,215,
for a bike signs project on Avenue 280 between Visalia and Exeter.
32.
Request
from Resource Management Agency to approve application GPI 10-001 authorizing
the applicant (Dairy Cares) to proceed with a general plan amendment to the
Animal Confinement Facilities Plan, subject to the County and applicant
entering into three separate agreements:
a Memorandum of Understanding; Indemnification Agreement; and
Deposit/Reimbursement Agreement.
33.
Request
from Resource Management Agency to approve a Memorandum of Understanding
between Dairy Cares and the County of Tulare for a General Plan Amendment to
the Animal Confinement Facilities Plan.
Approve an Indemnification Agreement between Dairy Cares and the County
of Tulare. Approve a
Deposit/Reimbursement Agreement between Dairy Cares and the County of
Tulare. Authorize the Resource
Management Agency Director to execute the above agreements and any amendments
with Dairy Cares, subject to review and approval as to form by County
Counsel. Approve the necessary budget
adjustments. (4/5ths vote)
34.
Request
from Resource Management Agency to approve the reorganization of the Resource
Management Agency as follows: Approve
the transfer of the Support Services Branch including Print and Mail Services,
Parks and Recreation, Fleet Services, Facilities, Property Management,
Custodial and designated administrative positions to the County Administrative
Office; Delete the classification of the Assistant RMA Director - Support
Services; Adopt the new Classification and Job Specification of the General
Services Manager and appoint the former Assistant RMA Director - Support
Services to the position; Delete the Maintenance Project Coordinator (7980) and
add one Maintenance Worker III position; Add one Capital Projects/Facilities
Manager position and approve the Classification and Job Specification; Transfer
three (3) Park and Grounds Worker positions (0251, 8182, and 8183) from the
Grounds Maintenance Division to the Parks Division; Reclassify the Assistant
RMA Director - Engineering (2436) to Assistant RMA Director - Public Works,
approve the Class Specification and grant the incumbent the position; Delete
the Assistant RMA Director - Planning and add the Assistant RMA Director -
Planning & Community Development and approve the Class Specification;
Delete the Assistant RMA Director - Transportation position and Assistant RMA
Director - Community & Development Services position (7593), effective
February 27, 2010; and Add two (2) Chief Engineer positions and approve the
Class Specification. Authorize the
County Administrative Officer, Human Resources Director and Auditor-Controller
to make minor adjustments as needed.
Authorize the layoff process and direct the Resource Management Agency
and Human Resources and Development to initiate meet and confer with the
affected unions.
(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
Robert J.
Owen appeal of denial of Zone Variance No. PZV 08-027 (ZA) to allow the
creation of .37-acre homesite parcel from an original parcel (4.70) in an AE-10
zone, east side of Road 252 (Plano
St.), south of Scranton Ave., south of Porterville. Board of Supervisors Agenda Item
January 26, 2010
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 - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: County of Tulare
v. Bruce Kenneth Belknap
Tulare County Superior Court Case Number 10-295868
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 030-020-018,
030-020-021, 030-020-024
Agency
Negotiator: Jean Rousseau and Robert
Newby
Negotiating
Parties: Bruce Kenneth Belknap
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
E
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: County of Tulare v. Del Valle Corporation
Tulare County Superior Court Case Number 10-295862
Next Item(s)
Sitting as...
ITEM
F
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 030-120-040
Agency
Negotiator: Jean Rousseau and Robert
Newby
Negotiating
Parties: Del Valle Corporation
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 166-010-032
Agency
Negotiator: Jean Rousseau and Robert
Newby
Negotiating
Parties: Mary Lou Zupp, Robert Richard
Zupp, Carol Ann Zupp, Richard Robert
Zupp
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
H
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
I
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Villegas, Mitchell v. County
of Tulare
Tulare County Superior Court Case Number 09-231457
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...
