(Public Comment Period)
1.
Public
Comments.
2.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
3.
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 Project for Acquisition of Property
by Eminent Domain for the Road 108 Widening Project Pursuant to Code of Civil
Procedure Section 1245.330; Kampen; 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 4 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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Board of Supervisors
4.
Appoint
Rose Marie Harris to the Exeter Public Cemetery District for a term ending
January 2, 2012.
5.
Appoint
Patrick Pinkham to the Agricultural Advisory Committee, District 1 Representative,
for a term ending June 30, 2012.
County Administrative Office/General Services
6.
Publicly
consummate the purchase of real property described as 15892 Azalea Avenue in
the community of Ivanhoe, Assessor's parcel no. 107-054-015 for a price of
$117,000. Approve and authorize the
Chairman of the Board to execute the Agreement of Purchase and Sale upon
submission, subject to County Counsel approval as to form. Direct the Resource Management Agency
Director, or his designee, to file a Notice of Exemption with the
Clerk-Recorder. Authorize County Counsel
to approve and execute all additional documents to consummate the purchase of
the property.
7.
Limit
the number of vehicles allowed to enter Mooney Grove Park to a maximum of 800
on Easter Saturday, April 3, 2010 and on Easter Sunday, April 4, 2010. Prohibit the consumption of alcohol on Easter
Saturday, April 3, 2010 and Easter Sunday, April 4, 2010 at Mooney Grove
Park. Authorize the closure of the
parking lot at Government Plaza on Easter Saturday, April 3, 2010 and on Easter
Sunday, April 4, 2010.
8.
Grant
a waiver of fees for the use of Mooney Grove Park by the Kings/Tulare Area
Agency on Aging for the Senior Day Picnic on Friday, May 14, 2010.
Health & Human Services Agency
9.
Ratify
and approve an amendment to Agreement No. 23897 with Delta Dental of California
in an amount not to exceed $164,699, to provide dental care services to
eligible Healthy Kids Program members between the ages of 6 to 18, retroactive
to October 1, 2009 through September 30, 2010.
Find that the Board had authority to enter into the proposed 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
the necessary budget adjustments. (4/5ths vote)
10.
Ratify
and approve the acceptance of funds from the California Emergency Management
Agency for the Fiscal Year 2009 Emergency Management Performance Grant in the
amount of $130,803, retroactive to July 1, 2009 through June 30, 2010. This grant is retroactive due to having
received notification of the grant award after July 1, 2009. Find that the Board had authority to accept
the grant funds as of July 1, 2009 and that it was in the County's best
interest to accept the funding on that date.
11.
Ratify
and approve an amendment to Agreement No. 23434 with Aspiranet, to increase the
maximum amount of the agreement from $189,555 to $212,193 and to increase the
number of young adults to be served from 10 to 12 or more, for start-up and
delivery of Transitional Housing Program Plus 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. Approve the necessary budgets
adjustments. (4/5ths vote)
12.
Approve
an agreement with Hill's Pet Nutrition to provide the Tulare County Animal
Control Shelter through Hill's Shelter Partner Program free Hill's Science Diet
pet food and nutritional educational services for a period of one (1) year.
Information Technology
13.
Approve
the purchase of hardware to upgrade the switch at the Sheriff's Department not
to exceed $10,400. Approve the necessary
budget adjustments. (4/5ths vote)
14.
Accept
a $30,078 grant from the California Office of Homeland Security for the
purchase of Uninterrupted Power Supply (UPS) and ancillary equipment. Approve the fixed asset purchase of the UPS
in the amount of $19,215.61, subject to the approval of the Federal Emergency
Management Agency (FEMA) and the Office of Emergency Services division of the
County of Tulare Health and Human Services Agency. Find that the equipment need not be purchased
through competitive bidding pursuant to Tulare County Ordinance Code Section
1-03-1305, because the equipment requested is already covered by the contract
pricing as listed by the California Multiple Awards Schedules (CMAS) agreement
3-09-70-2265E. Authorize the necessary
budget adjustments. (4/5ths vote)
15.
Ratify
and approve an amendment to Agreement No. 22821 with Automon Corporation to
extend the term of the agreement to June 30, 2011 to provide the ability for
the Probation Department to finalize their case management system, retroactive
to July 1, 2009. Find that the Board had
authority to enter into the agreement as of July 1, 2009, and that it was in
the best interest of the County to enter into the agreement on that date.
Library
16.
Approve
a project not to exceed $110,000 to install and operate a Library Materials
Distribution Machine in Cutler. Accept
the stimulus grant award of $50,000 from the United States Department of
Agriculture to provide a Library Materials Distribution Machine in Cutler,
establishing an automated sub branch.
Authorize the purchase of book vending machine, waiving the competitive
bid requirement as Public Information Kiosk, Inc, the manufacturer, is the sole
source for this unique product.
Authorize purchase of book vending machine. Authorize prepayment of 50
percent ($16,525) of the book vending machine cost as the vending machine is
being customized for Lexan Construction making it more damage resistant, and to
have downloadable data feature that negates need for a DSL data line. Approve the necessary budget adjustments.
(4/5ths vote)
Probation
17.
Approve
the amendment to the Fiscal Year 2009/2010 Budget of the Probation Department
to recognize additional revenue in the amount of $9,965 received from the
Collaborative Justice Courts Substance Abuse Focus Program for Tulare County
Mental Health Court and the associated expenditures. Approve the necessary budget
adjustments. (4/5ths vote)
Resource Management Agency
18.
Introduce
and waive the first reading of an uncodified Ordinance to delegate authority to
the Resource Management Agency Director to approve and execute agreements for
purchase of property for Phase 4 of the Road 80 Widening Project.
19.
Approve
the use of Measure R funds for the Construction of Road 80 Phase 1A in the
amount of $2,294,000 as a contingency in the event that State Local Partnership
Program (SLPP) funds cannot be allocated by the California Transportation
Commission (CTC).
20.
Ratify
and approve an amendment to Agreement No. 23273 with Omni-Means, Ltd to expand
the scope of work to complete the project for an increase of $146,180 with a
maximum total compensation of $2,428,311.98, retroactive to December 1,
2009. Find that the Board had the
authority to enter into the amendment as of December 1, 2009, and that it was
in the County's best interest to enter into the amendment on that date.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
21.
Approve
the Measure R Cooperative Agreement between the Tulare County Association of
Governments, acting as the Local Transportation Authority, and Tulare County
Redevelopment Agency for funding transportation improvements.
22.
Approve
the Measure R Program Supplement to Cooperative Agreement for the Betty Drive
Phase 2A project (Avenue 312/Riggin Avenue widening) for Right of Way, Plan,
Specification and Estimate, and Construction in the amount of $4,212,819. Approve Measure R Program Supplement to
Cooperative Agreement for the Betty Drive Phase 2B project (overpass over the
Union Pacific Railroad tracks) for Right of Way, Plan, Specification and
Estimate, and Construction in the amount of $8,754,747.
23.
Review
and accept the following documents as complete and adequate for each of the
Tulare County Redevelopment Agency's eight project areas, including
Cutler-Orosi, Earlimart, Goshen, Ivanhoe, Pixley, Poplar-Cotton Center,
Richgrove and Traver, for the fiscal year ending June 30, 2009: a) Annual Audit
Report of financial activities of the Tulare County Redevelopment Agency; b)
Annual State Controllers Report; and c) Annual Housing Report to the California
Department of Housing and Community Development. Direct that these reports be submitted by the
Executive Director, as required by the California Health and Safety Code, to
the Office of the State Controller and the California Department of Housing and
Community Development.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
Sheriff/Coroner
24.
Ratify
and approve an amendment to Agreement No. 23051 with United States Forest
Service to provide law enforcement services on Forest Service land retroactive
to October 1, 2009 through September 30, 2010.
Find that the Board had the authority to enter into the proposed
agreement as of October 1, 2009, and that it was in the County's best interest
to enter into the agreement on that date.
Workforce Investment Board
25.
Accept
grant award of $999,931 of Workforce Investment Act Funds from State of
California Employment Development Department (EDD). The Workforce Investment Board has partnered
with Porterville College, Porterville Adult School, Tulare Adult School,
Visalia Adult School and Dinuba Adult School to offer additional training
courses in various Allied Health Professions. Approve the necessary budget
adjustments. (4/5ths vote)
26.
Accept
the grant award of $145,000 of Veteran's Workforce Investment Act Funds from
Employers Training Resources to better coordinate services among partners,
governmental agencies and community based organizations to develop a stronger
working network to enhance the services currently provided to veterans in the
region and improve the efficiency of the program. Approve the necessary budget
adjustments. (4/5ths vote)
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
27.
Presentation
given by Resource Management Agency regarding an overview of the Tulare County
Transit System.
28.
Adopt
a Resolution directing the County Administrative Officer to revise County
Administrative Regulations pertaining to reimbursement and payment of employee
expenses. Suspend Board of Supervisors
practice regarding reimbursement for social meals attended by a majority of
Board members.
(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 LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
(Government
Code Section 54956.9 (c).)
Number of
Potential Cases: 1
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 048-100-037,048-100-011
Agency
Negotiator: Jean Rousseau and Robert
Newby
Negotiating
Parties: Floyd D. Kampen and Gail C Kampen
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: 27115 Road 108, Visalia, CA
93277, APN 119-810-005
Agency
Negotiator: Jean Rousseau and Robert
Newby
Negotiating
Parties: Catarino & Mary Helen Licon
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: Kennedy, Laura dba Sugar Daddy's Gentleman's Club v. County of Tulare
Tulare County Superior Court Case Number 08-229-065
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
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...
