(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 continue the
appeal to July 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 a 0.37-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, on property located
on the east side of Road 252 (Plano Street), approximately 1,350 feet south of
Scranton Avenue, south of Porterville.
4.
PUBLIC
HEARING: Request from the Probation Department to adopt a fee
increase for the Cost of Support in the Juvenile Detention Facility and Youth
Facility to be implemented beginning July
1, 2010.
5.
PUBLIC
HEARING: Request from the County
Library to consider and
approve a library fee of $5.00 for the public to purchase USB Memory Sticks to
be implemented beginning July 1, 2010.
(Consent Calendar)
CONSENT CALENDAR (Number 6 through 31)
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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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Auditor/Controller
6.
Waive
the second reading and adopt an ordinance amending section 1-05-1355,
1-05-1365,1-05-1380, 1-05-1385, 1-05-1420, 1-05-1425, 1-05-1435, 1-05-1455,
1-05-1460, 1-05-1465, 1-05-1470 and 1-05-1475 of the Tulare County Ordinance
Code. The proposed ordinance will update
the definition and exemptions of the Article and the location of where to
obtain registration and reporting forms.
The new sections to the proposed ordinance will add procedures for the
operator to obtain a tax clearance certificate, for tax collector to waive
penalties and interest and to collect transient occupancy tax from successor or
assignees. Direct the Clerk of the Board
to publish the ordinance summary and post a full copy of the proposed ordinance
in the Office of the Clerk of the Board.
7.
Authorize
the Auditor-Controller as the jurisdiction contact for Sales and Use Tax
Transaction and Use reallocation notifications from the California State Board
of Equalization.
Board of Supervisors
8.
Approve
sending a letter of opposition to Senate Bill 1109 (Cox), which would create a
statewide ballot initiative to eliminate local First 5 Commissions.
9.
Approve
sending a letter of support for SB 902 (Ashburn), which would authorize a
County with a population of 400,000 or more to regulate fire companies. Approve sending a letter of support for SB
1234 (Negrete-McLeod), which would authorize an agency to impose a fee to cover
the cost of staff search and review time when a Public Records Act request is
made for commercial use.
General Services/Property Management
10.
Authorize
Property Management to process a one-time pre-payment in the amount of
$656,736.40 for rent and janitorial services prior to this Fiscal Year's end on
Lease Agreement No. 16693-M for offices located at 8040 Doe Avenue in the City
of Visalia.
11.
Accept
the Irrevocable Offer to dedicate real property that was offered for dedication
across Parcel 2 of Parcel Map No. 4491 filed on June 1, 2001 in Book 45 of
Parcel Maps at Page 96 in the office of the Tulare County Recorder. Direct the Clerk of the Board to cause a
Certified Copy of the Resolution accepting the Irrevocable Offer of Dedication
to be recorded in the Office of the Tulare County Recorder.
Health & Human Services Agency
12.
Ratify
and approve an amendment to Agreement No. 23899 with the California Department
of Public Health to increase the maximum amount of the funding for the Women, Infants
and Children Program by $652,000 from $15,785,000 to $16,437,000, retroactive
to October 1, 2009 through September 30, 2011. 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 Personnel Resolution
to add two (2) Health Program Assistant positions and three (3) Nutrition
Assistant I/II positions.
13.
Ratify
and approve an amendment to the Memorandum of Understanding (Tulare County
Agreement No. 18043) with the State of California, Health and Human Services
Agency, Department of Social Services to establish Tulare County as the entity
responsible for performing licensing functions for the State with respect to
Foster Family Homes within the County's geographical area, retroactive to July
1, 2009. Find that the Board had authority to enter into the proposed
Memorandum of Understanding as of July 1, 2009 and that it was in the County's
best interest to enter into the Memorandum of Understanding on that date.
14.
Approve
an amendment to Agreement No. 24341 with Medical Hill Rehab Center, LLC in an
amount not to exceed $175,200 to extend the term of the agreement to June 30,
2011 for the provision of a mental health rehabilitation program.
15.
Authorization
for submission of a grant application to Target Stores by Tulare County Health
& Human Services Agency (HHSA), for funding in the amount of $2,000 to
purchase books for the Reach Out and Read Program in our County Healthcare
Centers.
Library
16.
Approve
improvements and renovations to the Earlimart Branch of the Tulare County
Library in an amount not to exceed $100,000.
Accept grant funding in the amount of $55,000 from the American Recovery
and Reinvestment Act, United States Department of Agriculture designed to
renovate the Earlimart Branch Library.
Approve the necessary budget adjustments. (4/5ths vote)
17.
Approve
improvements and renovations to the Ivanhoe Branch of the Tulare County Library
in an amount not to exceed $100,000.
Accept grant funding in the amount of $55,000 from the American Recovery
and Reinvestment Act, United States Department of Agriculture designed to
renovate the Ivanhoe Branch Library.
Approve the necessary budget adjustments. (4/5ths vote)
Resource Management Agency
18.
Adopt
the Revision of Mileage of Maintained County Roads identifying that Tulare
County maintained mileage is 3,041.36 miles as of December 31, 2009. Direct the Clerk to the Board of Supervisors
to return to the Resource Management Agency a Certified Copy of the Resolution
to be filed with Caltrans.
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 09-003, from A-1
(Agricultural) to C-3-SC-SR (Service Commercial - Scenic Corridor - Site Review
Combining) on a 1.70-acre parcel located at 16385 Avenue 296, between State
Highway 198 to the south and Avenue 296 (Mineral King Avenue) to the north,
approximately 150 feet east of the Farmersville Blvd. Overpass, north of the
City of Farmersville (APN 111-180-051).
Set a Public Hearing for May 11, 2010 at 9:30 a.m.
20.
Approve
and award the contract to the lowest responsive and responsible bidder, Woods
Bros. Inc. of Lemoore, California, in the amount of $1,403,368.38, for
construction of the Earlimart Landfill Final Closure Construction project. Authorize the Chairman to sign the contract
after review and approval as to form by County Counsel and upon receipt of
certificates of insurance, bonds and evidence that the contractor possesses a
valid State Contractors License. Allow
funds for a contingency in the amount of $140,336.00 (10%) to cover unexpected
construction conditions.
21.
Approve
Program Supplement No. N045 to Administering Agency-State Agreement for
Federal-Aid Project No. 06-5946R with
the State of California, Department of Transportation, for the Road 232, Avenue
56 and Diagonal 134 Asphalt Concrete Overlay Project.
22.
Approve
Program Supplement No. N046 to Administering Agency-State Agreement for
Federal-Aid Project No. 06-5946R with
the State of California, Department of Transportation, for the Avenue 384
Asphalt Concrete Overlay Project.
Authorize the Chairman to sign Program Supplement No. N046 on behalf of
the County of Tulare.
23.
Approve
Program Supplement No. N047 to Administering Agency-State Agreement for
Federal-Aid Project No. 06-5946R with
the State of California, Department of Transportation, for the Avenue 384
Asphalt Concrete Overlay Project.
Authorize the Chairman to sign Program Supplement No. N047 on behalf of
the County of Tulare.
24.
Approve
Program Supplement No. N048 to Administering Agency-State Agreement for
Federal-Aid Project No. 06-5946R with
the State of California, Department of Transportation, for the Avenue 232 and
Road 56 Asphalt Concrete Overlay Project.
Authorize the Chairman to sign Program Supplement No. N048 on behalf of
the County of Tulare.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
25.
Approve
the Plans, Special Provisions, Proposal and Contract for the Construction of
the Betty Drive Avenue 312 Realignment and Improvement Project, Phase 2B
(overpass over the Union Pacific Railroad tracks).
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
Risk Management
26.
Approve
an amendment to Agreement No. 23216 with Intercare Insurance Services for
Workers' Compensation Claim Administration Services.
27.
Approve
the renewal of the Property Insurance Program through the California State
Association of Counties-Excess Insurance Authority (CSAC-EIA).
Sheriff/Coroner
28.
Approve
the fixed asset and sole-source purchase of aviation surveillance equipment for
County aircraft with subvented funds not to exceed $90,200. Authorize the necessary budget
adjustments. (4/5ths vote)
29.
Ratify
and accept a grant agreement in the amount of $119,607 from the California
Emergency Management Agency for American Recovery and Reinvestment Act of 2009
for the Tulare County Clandestine Laboratory Unit, retroactive to March 1, 2010
through February 28, 2012. Find that the
Board had authority to enter into the grant agreement as of March 1, 2010, and
that it was in the County's best interest to enter into the agreement as of
that date. Approve the necessary budget
adjustments. (4/5ths vote)
30.
Ratify
and accept a grant agreement in the amount of $313,492 from the California
Emergency Management Agency for American Recovery and Reinvestment Act of 2009
supplemental funding for the Tulare County Inter-Agency Narcotics Enforcement
Team (I-NET), retroactive March 1, 2010 through February 28, 2012. Find that the Board had authority to enter
into the grant agreement as of March 1, 2010, and that it was in the County's
best interest to enter into the agreement as of that date. Approve the Personnel Resolution to increase
the position allocation of the Sheriff's Department by one (1) Deputy,
effective May 3, 2010. Approve the necessary
budget adjustments. (4/5ths vote)
31.
Ratify
and accept a grant agreement from the California Emergency Management Agency
for continued grant funding through the American Recovery and Reinvestment Act
of 2009 for the Region V Anti-Gang Intelligence-Led Policing Program,
retroactive to November 1, 2009 through October 31, 2012. Find that the Board had authority to enter
into the grant agreement as of November 1, 2009, and that it was in the
County's best interest to enter into the agreement as of that date. Approve the Personnel Resolution to increase
the position allocation of the Sheriff's Department by one (1) Crime Analyst,
effective May 3, 2010. Approve the
necessary budget adjustments. (4/5ths
vote)
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
32.
Request
from the Sheriff's Department to approve an agreement with Project Lifesaver
International to obtain equipment and training to more efficiently locate
people with dementia and other disorders who wander away from private
residences and caregiver facilities.
33.
Request
from the Board of Supervisors to approve the funding awards of $5,000 for the
Step Up Service Learning Grant Program to perform a service learning project
with students from their schools as recommended by the Tulare County Youth
Commission: Charter Alternative Academy,
District One; Tulare Western High School, District Two; Visalia Charter
Independent Study, District Three; Orosi High School, District Four; and La
Sierra High School, District Five.
Approve funding three (3) additional Service Learning grants with
unspent funds from the Gang Administration Budget's training line item as
follows: Farmersville High School;
Citrus High School; and Granite Hills High School.
34.
Request
from County Administrative Office to approve an amendment of Administrative
Regulation No. 1 - Reimbursement of Employees' Expenses, which applies to
elected officials and unrepresented employees immediately upon adoption by the
Board of Supervisors, and to represented employees by bargaining unit upon
completion of meet and confer for their unit.
(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: 2
Appeal of
Zoning Administrator's Decision No. 3002 denying Zone Variance No. PZV 08-027
(ZA) requested by Robert J. Owen to allow a homesite parcel (.37 acres) from an
original parcel (4.70 acres) containing less acreage than required in the AE-10
Zone on property south of Porterville. Board of Supervisors Agenda Item, April
27, 2010
Next Item(s)
Sitting as...
ITEM
B
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
(Government
Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 2
Amending
Transient Occupancy Tax Ordinance Board of Supervisors Agenda Item April 27,
2010
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: McKee, Richard P. et al., v.
Tulare County Board of Supervisors, Tulare County Superior Court Case Number
10-236639
Next Item(s)
Sitting as...
ITEM
D
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
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 LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 1
Amendment
of Administrtive Regulation No. 1 - Reimbursement of Employees' Expenses.
Board of
Supervisors Agenda Item on April 27, 2010.
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 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...
