(Public Comment Period)
1.
Recognize
Jose Medina for his accomplishments in receiving the Katherine McClary Award
from MV Transportation.
2.
Presentation
of the 2009 Tulare County Annual Crop and Livestock Report by the Agricultural
Commissioner.
3.
Public
Comments.
4.
Board
of Supervisors matters.
CONSENT CALENDAR (Number 5 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
5.
Ratify
and approve an agreement with the California Department of Food and Agriculture
to provide state subvention to offset costs of Asian Citrus Psyllid detection
trapping, retroactive to March 1, 2010 through September 30, 2010. Find that the Board had authority to enter
into the proposed agreement as of March 1, 2010, 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)
Auditor-Controller/Treasurer-Tax Collector
6.
Authorize
the Chief Revenue Officer as an additional jurisdiction contact for Sales and
Use Tax or Transaction and Use Reallocation Notifications from the California
State Board of Equalization.
7.
Authorize
the Auditor/Controller to transfer to the General Fund, pursuant to Government
Code 50050, 50053 and 50055, unclaimed funds currently in the Sheriff
($849.73), Probation ($2,252.00) and Tax Collector's ($228.06) special fund
accounts.
Board of Supervisors
8.
Appoint
Marilyn Kinoshta to the Agricultural Advisory Committee to serve at the
pleasure of the Board.
9.
Appoint
John Paczak to the Woodville Public Cemetery District for a term ending January
6, 2014.
County Counsel/Risk Management
10.
Adopt
Option A to continue to insure for earthquake exposure in the Earthquake
Recovery Indemnity Authority Property Program in Tower 6 at no additional cost
to the County.
County Administrative Office/Capital Projects/Facilities
11.
Approve
an Access Agreement with Comcast Cable Communications Management, LLV for the
installation of additional bandwith at 221 S. Mooney Boulevard, Visalia.
General Services/Parks & Recreation Department
12.
Authorize
participation in the California Department of Boating and Waterways, Boating
and Safety and Enforcement Program for the 2010/2011 Fiscal Year. Approve the 2010/2011 Contract for Financial
Aid Program for the Fiscal Year. Authorize
the County Administrative Officer or, his authorized designee, to submit claims
for reimbursement.
13.
Approve
an agreement for Purchase of Real Property from Triple D Ranch, L.P., a
California Limited Partnership for the Betty Drive/Avenue 312 Realignment and
Improvement Project-Phase 2A in the amount of $149,000. Authorize the Chairman to sign the agreement,
subject to review and approval as to form by County Counsel. Authorize County Counsel to sign the Grant
Deed/Slope Easement acceptance upon presentation. Authorize the County Administrative Officer,
or his 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 $150,500 in favor of Chicago Title
Company.
14.
Approve
an agreement for Purchase of Real Property from Viva Elva Halstead and Claude
P. Halstead for the Betty Drive/Avenue 312 Realignment and Improvement
Project-Phase 2B in the amount of $58,000.
Authorize the Chairman to sign the agreement, subject to review and
approval as to form by County Counsel.
Authorize County Counsel to sign the Grant Deed acceptance upon
presentation. Authorize the County
Administrative Officer, or his 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 $59,500 in favor of Chicago Title Company.
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 Tulare County Purchasing Agent amending Professional Services
Agreement No. 4860 with Richard Fair, M.D. to increase the maximum amount of
the agreement by $50,000 from $100,000 to $150,000 for the provision of
providing on-call medical services for Tulare County Health & Human
Services Agency clients, retroactive to July 1, 2009 through June 30, 2010.
Find that the Board had authority to amend Professional Services Agreement No.
4860 as of July 1, 2009, and that it was in the County's best interest to amend
the Professional Services Agreement on that date. Ratify and approve an
agreement with Richard Fair, M.D. to continue the provision of providing
on-call medical services for Tulare County Health & Human Services Agency
clients in the amount of $520,000, retroactive to January 1, 2010 through June
30, 2011. Find that the Board had 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.
17.
Approve
an amendment to Agreement No. 23248 with Golden State Health Centers, Inc.
d.b.a. Sylmar Health and Rehabilitation Center in an amount not to exceed
$1,000,000 to extend the term of the agreement to June 30, 2011 for the
continued provision of stabilization and long-term maintenance for mentally
disabled clients of Tulare County.
18.
Approve
an agreement with the Tulare County Office of Education in the amount of
$402,710 to provide mental health services under the Mental Health Services Act
(MHSA) Prevention and Early Intervention (PEI) Program, for the period of June
8, 2010, through June 30, 2011.
Purchasing
19.
Award
Countywide Elevator Maintenance Contract to Thyssenkrupp Elevator in the amount
of $183,240 for basic maintenance for three (3) year period. Authorize the Purchasing Agent to Execute
Contract on behalf of the Board of Supervisors.
Probation
20.
Approve
an amendment to Agreement No. 23441 with the City of Visalia to provide the
services of a Probation Officer for the operation of the Police/Probation
Partnership Program to increase accountability for probationers, effective July
1, 2010 through June 30, 2011.
21.
Approve
an amendment to Agreement Nos. 21685; Lindsay Unified School District, 21656;
City of Dinuba and 21657; City of Lindsay to provide the services of Probation
Officers for the continued operation of the Delinquency Prevention Program,
effective July 1, 2010 through June 30, 2011.
22.
Approve
an amendment to Agreement No. 23448 with the City of Visalia for the Juvenile
Work Program to allow Probation staff to supervise youth offenders working on
community clean-up sites, effective July 1, 2010 through June 30, 2011.
Resource Management Agency
23.
Approve
the plans for construction of the Road 80 Widening Project Phase 1A from Avenue
328 to the St. Johns River. Authorize
the Chairman to sign the plans. Approve
the advertisement of the Road 80 Widening Project Phase 1A from Avenue 328 to
the St. Johns River. Set the bid opening
date for Wednesday, July 14, 2010 at 10:00 a.m.
24.
Adopt
the Resolution approving the Targeted Employment Area for the Sequoia Valley
Enterprise Zone. Authorize the County
Administrative Officer to sign the Amendment #1-Joint Powers Agreement for
Administration of California Enterprise Zone to: a) extend the original Joint Powers Agreement
for 15 years; b) change all references to the Private Industry Council to
Workforce Investment Board; c) pay an annual share of the operation costs
($79,200) as outlined in Exhibit "B" of the Joint Powers Agreement
Amendment, for the 15 year life of the Enterprise Zone; and d) Assign management
of the Job Creation Council and the Enterprise Zone to the Economic Development
Corporation. Authorize the County
Administrative Officer to sign the future Memorandum of Understanding and other
documents necessary for the implementation of the Sequoia Valley Enterprise
Zone, subject to County Counsel review and approval.
25.
Adopt
zoning interpretation that Solar and Wind Electrical Generation Facilities are
included within the meaning of Public and Private Utility Structures and that
said facilities where a Special Use Permit is required shall be subject to a
Development Agreement. Accept the
Resource Management Agency's three tier processing for Public and Private
Utility applications: Tier 1) where
solar or wind electrical generating facility is designed for on-site
consumption, the facility shall be considered an accessory use and permitted by
right; Tier 2) where solar and wind electrical generating facility is designed
for on-site consumption and excess generation is for sale, the use shall be
subject to a Special Use Permit and Development Agreement; and Tier 3) where
solar and wind electrical generating facility is designed for sale, the use
shall be subject to a Special Use Permit and Development Agreement.
26.
Set
a Public Hearing for July 13, 2010, at 9:30 a.m. in the Board Chambers,
Administration Building, 2800 West Burrel, Visalia, California, to place
delinquent sewer and water service fees in County Service Area No. 1 and County
Service Area No. 2 on the 2010/2011 Tax Roll.
Approve the Notice of Public Hearing.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
AND CONVENE AS THE TERRA BELLA SEWER
MAINTENANCE DISTRICT
27.
Set
a Public Hearing for July 13, 2010, at 9:30 a.m. in the Board Chambers,
Administration Building, 2800 West Burrel, Visalia, California, to place
delinquent sewer service fees on the 2010/2011 Tax Roll for the Terra Bella
Sewer Maintenance District. Approve the
Notice of Public Hearing.
ADJOURN AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
28.
INFORMATION
ONLY: Bid Opening results for the
Asphalt Concrete Overlay on Avenue 56, Road 232, and Diagonal 134 and Avenue
192.
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Contractor
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Total (from proposal)
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W.Jaxon Baker Inc
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$
3,592,963.34
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Glen Wells Construction
Co.Inc.
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$
4,017,959.60
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Bush Engineering Inc.
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$
4,112,197.64
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Lees Paving Inc
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$
4,177,829.48
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Granite Construction Co.
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$
4,257,562.00
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Engineers Estimate
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$
4,293,294.40
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29.
INFORMATION
ONLY: Bid Opening results for the
Asphalt Concrete Overlay on Avenue 232 from Kings County Line to City of Tulare
limits and Road 56 from Avenue 400 to Avenue 432.
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Contractor
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Total (from proposal)
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W. Jaxon Baker Inc
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$ 4,121,297.50
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Lees Paving Inc
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$
4,197,774.36
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Granite Construction Comp
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$
4,241,778.00
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Don Berry Const. Inc
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$
4,366,864.31
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Flatiron West Inc
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$
4,373,152.70
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Glen Wells Const. Inc
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$ 4,384,815.58
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Teichert Construction
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$
4,390,862.10
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Emmetts Excavation Inc
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$
4,428,564.63
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Engineers Estimate
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$
4,683,202.20
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30.
INFORMATION
ONLY: Bid Opening results for the
Asphalt Concrete Overlay on Avenue 384 from State Route 99 to Road 80.
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Contractor
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Total (from proposal)
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Glen Wells Construction
Comp. Inc
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$
2,893,028.68
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Don Berry Construction
Inc
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$
3,025,032.10
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Bush Engineering Inc
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$
3,046,599.00
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Teichert Construction
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$
3,048,257.80
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Granite Construction
Company
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$
3,072,994.00
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Lees Paving
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$
3,098,142.00
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Flatiron West Inc
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$
3,145,253.50
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Construction Development
System
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$
3,224,816.10
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Boman Asphal Inc
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$
3,275,351.75
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W.Jaxon Baker Inc
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$
3,294,267.57
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Emmetts Excavation Inc
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$
3,349,128.40
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Engineers Estimate
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$
3,134,668.25
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(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
31.
Request
from the District Attorney to approve the freezing of one (1) District Attorney
Services Analyst position, effective July 8, 2010. Direct the District Attorney's Office and
Human Resources and Development Department to initiate the layoff process,
including the issuance of notice of layoff.
32.
Request
from the Public Defender to approve the reduction of five (5) Public Defender
Investigators/Investigators-Bilingual positions (2 vacant, 3 filled), effective
July 9, 2010. Direct the Public Defender
and Human Resources and Development Department to initiate the layoff process,
including issuance of notices of layoff.
Authorize the freeze of vacant, but allocated positions in the
Investigations 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 - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Nancy Joan Kilgore vs. County of
Tulare et al, United States District Court, Eastern District of California,
Case Number 1:10-CV-031 LJO DLB
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
Threats of
litigation in the public record regarding the proposed Tulare County General
Plan 2030 Update and Draft Environment Impact Report
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
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: 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 REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 075-070-027
Agency
Negotiator: Jean Rousseau and Robert
Newby
Negotiating
Parties: Claude Peter Halstead Jr, David
King Halstead, George Grant Halstead, Timothy Halstead, Dorothy Halstead, Mary
Halstead and Ruth May Halstead
Under
Negotiation: Price and Terms of Payment
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...
