(Public Comment Period)
1.
Recognize
the Tulare Union Girls Cross Country Team for winning the Division II Valley
Championship.
2.
Public
Comments.
3.
Board
of Supervisors matters.
2:00 P.M. – TIMED ITEMS
(Timed Items)
4.
PUBLIC
HEARING: Request from Resource Management
Agency to adopt, find, determine, declare and resolve as follows: a) The
public interest and necessity require the Project for Acquisition of Property
by Eminent Domain for the Road 108 Widening Project Pursuant to Code of Civil
Procedure Section 1245.330; Richard Robert Zupp, 1996 Zupp Revocable Trust
(Robert Richard Zupp and Carol Ann Zupp), Mary Lou Zupp Living Trust; 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)
5.
PUBLIC
HEARING: Request from the Resource Management
Agency 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 108 Widening Project
Pursuant to Code of Civil Procedure Section 1245.330; Bill and Tanya Miller
Family Limited Partnership; 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)
6.
PUBLIC
HEARING: Request from the Resource Management
Agency 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 108 Widening Project
Pursuant to Code of Civil Procedure Section 1245.330; Strawberry Stand Corner,
LLC; 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 7 through 26)
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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
7.
Ratify
and approve an agreement with the California Department of Food and Agriculture
for the purpose of enforcement of portions of the California Food and
Agriculture Code pertaining to high-risk shipments, beehives and plant
material, 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.
Auditor/Controller
8.
Rescind
Resolution 2009-1037 and approve a new Resolution incorporating all the
previous provisions, retroactive to December 8, 2009 as follows: a) Approve any parcel that does not sell to
be re-offered at the end of the auction at a lower minimum bid amount
(§3698.5(c)) starting May 20, 2010 through May 24, 2010; and b) Authorize a
$5,000.00 refundable deposit for unsuccessful bidders during registration
(§3692 (e)). Ratify, revise and
authorize sale at internet auction of tax-defaulted properties, subject to the
Power of Sale according to Chapter 7 of Part 6 of Division 1 of the California
Revenue and Taxation Code, to begin on March 25, 2010 through March 29, 2010,
ending time to be staggered every 15 minutes starting at 10:00 a.m. on March
29, 2010, to accommodate proper notification.
Board of Supervisors
9.
Ratify
the following Proclamations: Honoring
W&E Electric Cutler-Orosi Chamber of Commerce 2010 Business of the Year;
Honoring Sandra Williams Cutler-Orosi Chamber of Commerce 2010 Woman of the
Year; and Honoring Gary Chambers Cutler-Orosi Chamber of Commerce 2010 Man of
the Year.
10.
Approve
a Proclamation recognizing March 1-7, 2010 as Peace Corps Week in Tulare
County.
11.
Appoint
Garrett German to the Exeter District Ambulance for a term ending December 3,
2010.
12.
Approve
a letter of support for Nick Canata to be appointed to the California Delta
Stewardship Council.
13.
Approve
a letter of recommendation for Mario Santoyo to be appointed to the California
Water Commission.
Child Support Services
14.
Approve
an Interagency Agreement with Contra Costa County's Department of Child Support
Services for services to assist in locating non-paying child support obligors
in an amount not to exceed $47,053, effective March 1, 2010 through September
30, 2010.
Health & Human Services Agency
15.
Reaffirm
declaration of state of emergency in the Tulare County Drought Resolution No.
2008-0472 adopted June 24, 2008.
16.
Ratify
and approve the annual Certification Statements for California Children's
Services (CCS) and Child Health and Disability Prevention (CHDP) for Fiscal
Year 2009/2010, retroactive to July 1, 2009.
Find that the Board had authority to approve the annual Certification
Statements as of July 1, 2009 and that it was in the County's best interest to
approve the statements on that date.
17.
Ratify
and approve the Substance Abuse Offender Treatment Program (OTP)
Application/Plan for Fiscal Year 2009/2010 retroactive to July 1, 2009 through
June 30, 2010. Ratify and approve the
receipt of funds in the amount of $207,019 for the Substance Abuse Offender
Treatment Program for Fiscal Year 2009/2010, retroactive to July 1, 2009. Find that the Board had authority to approve
the proposed application/plan and receive the funds as of July 1, 2009 and that
it was in the County's best interest to approve the application/plan and
receive the funds on that date.
Probation
18.
Approve
an amendment to the Fiscal Year 2009/2010 Budget of the Probation Department to
include additional expenditures for the implementation of the Child Welfare
System Improvement and Accountability Act and recognize revenue awarded in the
amount of $20,683 from the Child Welfare Services Outcome Improvement Project
(CWSOIP) Fund.
Resource Management Agency
19.
Introduce
and waive the first reading of an amendment to Ordinance No. 352 of the Tulare
County Zoning Ordinance for Change of Zone No. PZ 09-001 filed by Raul
Gonzalez, Jr. (Steelex Industrial, Inc.), from AE-20 (Exclusive Agricultural -
20 acre minimum) to M-1-SR (Light Manufacturing - Site Review Combining) on a
4.33-acre parcel located on the south side of Avenue 208, bounded on the west
by State Route 65 and on the east by Road 220, halfway between Lindsay and
Strathmore. Set a Public Hearing for March 2, 2010 at 9:30 a.m.
20.
Approve
a Subrecipient Agreement in the amount of $800,000 with Central Valley
Christian Housing, Inc. (CVC) for implementation of Neighborhood Stabilization
Program (NSP1) funded by the State of California, Department of Housing and
Community Development (HCD) Grant No. 09-NSP1-6270.
21.
Approve
payment of Residential Relocation Replacement Housing Benefits to Antonio and
Rosa Vera of up to $10,000. Direct the
Auditor to draw one or more warrants in favor of Antonio and Rosa Vera or their
designated assignee not to exceed a total of $10,000.
22.
Approve
an agreement for Purchase of Real Property/Right of Way and Temporary
Construction Easement from Eleanor L. Thomas, as Trustee of the Eleanor L.
Thomas Survivor's Trust of March 24, 2003, as to an undivided ½ interest and
Eleanor L. Thomas, as Trustee of the James E. Thomas Bypass Trust of March 24,
2003, as to an undivided ½ interest for the Road 108 Widening Project in the
amount of $40,000. 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 $41,500 in favor of Stewart Title Company.
23.
Approve
an agreement for Purchase of Real Property/Right of Way and Temporary
Construction Easement from Evangeline Limited Partnership, a Washington Limited
Partnership, for the Road 108 Widening Project in the amount of $179,900. 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 $181,400 in favor of Stewart Title Company.
24.
Approve
an agreement for Purchase of Real Property/Right of Way and Temporary
Construction Easement from J & M Thomas Ranch, Inc., a California
Corporation, for the Road 108 Widening Project in the amount of $107,500. 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; and Direct the Auditor to draw a warrant in the
amount of $109,000 in favor of Stewart Title Company.
25.
Approve
an agreement for Purchase of Real Property/Right of Way and Temporary
Construction Easement from Irma Cordeniz Living Trust and the Mayme Cordeniz
Living Trust for the Road 108 Widening Project in the amount of $74,300. 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, sign all documents to facilitate the
escrow for this acquisition. Direct the
Auditor to draw a warrant in the amount of $75,800 in favor of Stewart Title
Company.
26.
Approve
March 16, 2010 at 9:00 a.m. as the date and time to receive public comment
regarding the Board's intent to consummate the purchase of real property
described as 15892 Azalea Avenue, in the community of Ivanhoe. Instruct the Director of the Resource
Management Agency or his designee to publish the attached Exhibit "A"
Notice of Intent to Purchase Real Property once a week for three consecutive
weeks pursuant to Government Code §25350 and §6063. Authorize County Counsel to sign escrow
instruction and sign for approval of the preliminary title report.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
27.
Request
from Information Technology to approve the purchases necessary for the new MS
SQL system not to exceed $462,347.
Approve the Fixed Asset purchases of Servers, Power unit, and SAN
upgrade devices not to exceed $285,424 to provide a mirrored and clustered
environment for our SQL databases subject to the approval by California Health
and Human Services Agency Office of Systems Integration (OSI) of the Advanced
Planning Document (APD). Approve the
purchases of Software, licensing, professional implementation services not to
exceed $176,923 to provide a mirrored and clustered environment for our SQL
databases, subject to the approval by California Health and Human Services
Agency Office of Systems Integration (OSI) of the Advanced Planning Document
(APD). Approve the necessary budget
adjustments. (4/5ths vote)
28.
Review,
modify and adopt the proposed 2010 Federal Legislative and Regulatory Platform.
29.
Presentation
given by Resource Management Agency regarding an overview of the California
Statewide Needs Assessment Project.
Support the findings of the California Statewide Local Streets and Roads
Needs Assessment and authorize the County Administrative Officer to send this
resolution with an accompanying letter from the Chairman of the Board of
Supervisors to the Governor and each legislator, expressing vehement opposition
to future cuts to vital transportation funding such as Proposition 42 and the
Highway User Tax Account (HUTA) and strong support for adequate and stable
funding sources for local street and road maintenance and rehabilitation.
(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: 4
Proposed Tulare County
General Plan 2030 Update and Draft Environmental Impact Report
Next Item(s)
Sitting as...
ITEM
B
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 149-060-010
Agency
Negotiator: Jean Rousseau and Robert
Newby
Negotiating
Parties: Strawberry Stand Corner, LLC
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 166-010-045
Agency
Negotiator: Jean Rousseau and Robert
Newby
Negotiating
Parties: Bill and Tanya Miller Family
Limited Partnership
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
D
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: The 1996 Zupp Revocable Trust (Robert Richard Zupp, Carol Ann Zupp,
Trustees) Richard Robert Zupp, And The Mary Lou Zupp Living Trust (Zupp).
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: A. E. v. County
of Tulare, et al
United
States District Court Case Number . 1:09-CV-02204-LJO-DLB
Next Item(s)
Sitting as...
ITEM
F
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 1
Application
to file late claim based on July 12, 2009 alleged injury.
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 1
Application
to file late claim regarding February 11, 2009 motor vehicle accident at County
/City of Dinuba
intersection.
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
Interim
Director of Tulare
County Child Support
Services
(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...
