(Public Comment Period)
1.
Presentation
given by the Tulare County Child Abuse Prevention Council to approve the
designation of the month of April 2010 as Child Abuse Prevention Month.
2.
Presentation
of a Proclamation proclaiming April 6, 2010 as Adult Literacy Day in Tulare
County.
3.
Request
from Health and Human Services Agency to proclaim the month of April 2010 as
Public Health Month in Tulare County. Receive presentations regarding the
Public Health Community Champions Award winners and the Tulare County 2010
Health Status and the Strategic Planning activities. Acknowledge the Tulare
County Health & Human Services Agency, Public Health Department's Mission
and Values statements.
4.
Presentation
given by the San Joaquin Valley Air Pollution Control District regarding Rule
9410: Employer Based Trip Reduction.
5.
Presentation
given by the California State Association of Counties regarding Capitol Update
and CSAC Programs and Services.
6.
Public
Comments.
7.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
8.
PUBLIC
HEARING: Request from the Resource Management
Agency to consider the vacation of a 216 foot portion of Road 224 immediately
north of Avenue 196 in Strathmore. Determine that the vacation is exempt from
the California Environmental Quality Act pursuant to the adopted Tulare County
CEQA Guidelines as a Class 5(e), Abandonments of existing street, alley and
utility easements on which no road improvements exist, and the Environmental
Assessment Officer is directed to sign and file a Notice of Exemption with the
Tulare County Clerk. Reserve easements
for public utilities pursuant to Streets and Highways Code Section 8340(c) and
8348. Determine that the hereinbefore
described portion of Road 224 is unnecessary for present or prospective public
use and vacation thereof is in the public interest. Approve the Resolution to vacate a portion of
Road 224 north of Avenue 196 in Strathmore.
Direct the Clerk of the Board to cause a certified copy of the
Resolution to be recorded in the office of the Tulare County Assessor
Clerk/Recorder.
9.
PUBLIC
HEARING: Request from Resource Management
Agency to hear the petition to vacate a 10 foot wide portion along the
southerly line of Dooley Drive
right-of way between Richgrove
Drive and the west boundary of the northeast -
southwest alley between Richgrove
Drive and Wheatland Drive. Determine that the vacation is exempt from
the California Environmental Quality Act pursuant to the adopted Tulare County
CEQA Guidelines as a Class 5(e), Abandonments of existing street, alley and
utility easements on which no road improvements exist, and the Environmental
Assessment Officer is directed to sign and file a Notice of Exemption with the
Tulare County Clerk. Reserve easements
for public utilities pursuant to Streets and Highways Code Section 8340(c) and
8348. Determine that the hereinbefore
described portion of Dooley Drive
is unnecessary for present or prospective public use and vacation thereof is in
the public interest. Approve the
Resolution to vacate a portion of Dooley
Drive right-of-way in Richgrove. Direct the Clerk of the Board to cause a
certified copy of the Resolution to be recorded in the office of the Tulare
County Assessor Clerk/Recorder.
(Consent Calendar)
CONSENT CALENDAR (Number 10 through 30)
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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
10.
Ratify
and approve the Chairman to sign the Application for Federal Assistance, retroactive
to December 1, 2008 through November 30, 2009.
Ratify and approve a revision to Agreement No. 23342 with the United
States Department of Agriculture, which decreases the award amount by
$547,835.99 for a total award amount of $702,164.01 for the Area Wide
Glassy-winged Sharpshooter Management Program, retroactive to December 1, 2008
through November 30, 2009. Find that the
Board had authority to enter into the proposed agreement as of December 1,
2008, and that it was in the County's best interest to enter into the agreement
on that date.
Board of Supervisors
11.
Reappoint
Dennis Keller, Member At-Large, and Chris Kapheim, District 4 Representative,
to the Tulare County Water Commission for terms ending April 30, 2012.
County Administrative Office/General Services
12.
Ratify
and approve an amendment to Agreement No. 23973 with the Tulare County
Superintendent of Schools for real property located at 1105 South "O"
Street, Tulare, retroactive to January 1, 2010.
Find that the Board had authority to enter into the proposed Amendment
to Agreement as of January 1, 2010, and that it is the County's best interest
to enter into the amendment to agreement on that date.
13.
Ratify
and approve an amendment to Agreement No. 19956 with the Strathmore Public
Utility District for office space located at 19628 Orange Belt Drive,
retroactive to November 1, 2009. Find
that the Board had authority to enter into the proposed Amendment to Agreement
as of November 1, 2009, and that it is the County's best interest to enter into
the amendment to agreement on that date.
14.
Approve
an agreement with the City of Tulare for the transfer of the Elk Bayou
Soccer-Sports complex and the Elk Bayou Park, subject to the review and
approval as to form by County Counsel.
15.
Approve
an agreement for Purchase of Real Property/Right of Way from the Mary Lou Zupp
Living Trust, Richard R. Zupp, Robert R. Zupp and Carol A. Zupp for the Road
108 Widening Project in the amount of $65,200.
Authorize County Counsel to sign the Grant Deed and Temporary
Construction Easement acceptances upon presentation. Authorize the County Administrative Officer,
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 $66,700 in favor of Chicago Title Company.
Health & Human Services Agency
16.
Reaffirm
declaration of state of emergency in the Tulare County Drought Resolution No.
2008-0472 adopted June 24, 2008.
17.
Ratify
and approve an agreement with URS Corporation Americas in the amount of
$110,886 to develop the Tulare County Multi-Jurisdictional Local Hazard
Mitigation Plan (LHMP), retroactive to December 1, 2009 through June 30, 2012.
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.
Purchasing
18.
Introduce
and waive the first reading of an Ordinance amending Section 1-03-1355 of the
Tulare County Ordinance Code to increase the Purchasing Agent's authorization
for making direct purchases in an amount not to exceed $4,000. Direct the Clerk of the Board to publish the
summary Ordinance as required by law.
Resource Management Agency
19.
Declare
the month of April as Fair Housing Month in the County of Tulare.
20.
Approve
the fabrication of a truck utility bed with stencil painting equipment in an
amount not to exceed $25,000. Approve
the purchase of three (3) engine retrofits in an amount not to exceed $133,500. Approve the necessary budget
adjustments. (4/5ths vote)
21.
Authorize
the Auditor to establish an interest bearing Trust Fund for the deposit of
monies by Dairy CARES to provide for any County staff time in processing and/or
planning fees, consultant fees and other associated fees and/or costs for the
General Plan Amendment to the Animal Confinement Facilities Plan and
Environmental Impact Report.
22.
Approve
an agreement with Pena's Disposal Service to provide construction and
demolition waste recycling services at the Teapot Dome, Visalia and Woodville
landfills until March 31, 2013, subject to review and approval of insurance
provisions by County Counsel, Risk Management.
Delegate authority, on behalf of the County, to the Resource Management
Agency Director to extend the agreement for one (1) additional year under the
same terms and conditions.
23.
Ratify
and approve the Indemnification Agreement with Venida Packing Company, Inc. for
an electrical conduit crossing of Avenue 300, 1,340 feet east of Road 196, near
the City of Exeter, retroactive to February 18, 2010. Find that the Board had authority to enter
into the proposed agreement as of February 18, 2010, and that it was in the
County's best interest to enter into the agreement on that date.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY REDEVELOPMENT
AGENCY
24.
Approve
an agreement with the Southern California Gas Company for use of power-operated
or power-driven excavating equipment within the approximate location of
subsurface installations for the Betty Drive Phase 2B Project (overpass over
the Union Pacific Railroad tracks).
25.
Approve
the Qwest Communications Company, LLC Design Relocation Agreement for the
design, relocation plan and the coordination of relocating the communications
conduit system for the Betty Drive Phase 2B Project (overpass over the Union
Pacific Railroad tracks) in the amount of $6,581.
26.
Approve
the SFPP, L.P. Pipeline Inspection Agreement for the review of plans and the
actual inspection time spent during the construction of the Betty Drive Phase
2B Project (overpass over the Union Pacific Railroad tracks) in the amount of
$15,000.
27.
Approve
the Sprint Communications Company L.P. Reimbursement Agreement that will allow
Sprint to inspect work near its fiber optic cable facilities and protect in
place its facilities within the Union Pacific Railroad Right of Way as part of
the Betty Drive Phase 2B Project (overpass over the Union Pacific Railroad
tracks) in the amount of $10,000.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
Sheriff/Coroner
28.
Acknowledge
and accept monetary donations totaling $2,000 from Friends of Tulare County
designated for the Project Lifesaver Program and the Tulare County Peace
Officer Memorial.
29.
Approve
the Fixed Asset purchase of an Aviation Digital Radio for County aircraft in an
amount not to exceed $23,000. Approve
the necessary budget adjustments.
(4/5ths vote)
30.
Ratify
and approve an amendment to Agreement No. 23118 with the United States Army
Corps of Engineers for law enforcement services at Success Lake Recreation
Area, retroactive to April 1, 2010 through September 30, 2010. Find that the Board had the authority to
enter into the proposed agreement as of April 1, 2010, 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
31.
Request
from Human Resources & Development to approve a continuance on the matter
of State Disability Insurance Coverage for Unit 20 (Professional) until April
13, 2010 which will allow time for a re-vote to be completed.
32.
Request
from the County Administrative Office to consider, modify as needed, and
approve the response to the Tulare County Grand Jury 2009/2010 Interim Report
regarding Revenues Lost? Transient Occupancy Tax. Authorize the Chairman to sign the response
letter.
33.
Request
from Information Technology to approve the Information Security Program
Policies.
34.
Receive
a presentation from the Upper Kings Basin Integrated Regional Water Management
Authority and take action on one of the following options: 1) Authorize participation in the Joint
Powers Authority as a full voting member for a cost of $7,000 for Fiscal Year
2009/2010 plus $5,000 per year for six years; Approve an agreement with the
Upper Kings Basin Integrated Regional Water Management Authority, subject to
review and approval as to form by County Counsel; and Appoint a member of the
Board of Supervisors to serve on the Upper Kings Basin Integrated Regional
Water Management Authority. 2) Authorize participation as an Interested Party
with no cost to the County; Approve a letter requesting membership as an
Interested Party only and attend meetings without voting authority. 3)
Authorize no participation at any level.
(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 LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
(Government
Code Section 54956.9 (c).)
Number of
Potential Cases: 1
ITEM
D
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
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 LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 8
A dispute
between the County and the Cities (Cities of: Tulare, Exeter, Visalia, Dinuba,
Woodlake, Lindsay, Farmersville, Porterville) regarding the interpretation of
Revenue and Taxation Code sections 95.3 and 97.75 and the County's calculation
of the amount of PTAF that the Cities are charged as related to the Triple Flip
(Revenue and Taxation Code section 97.68) and the Vehicle License Fee swap
(Revenue and Taxation Code section 97.70).
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Lor, Wacha, et. al. v. County of Tulare, et. al,
Fresno County Superior Court Case Number 10CECL00307
Next Item(s)
Sitting as...
ITEM
H
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...
ITEM
I
Special Timed Item at 1:30 p.m.
CONSIDER PUBLIC
EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:
Details
Child
Support Services Director
(Government
Code Section 54957.6)
Next Item(s)
Sitting as...
