(Public Comment Period)
1.
Recognize
Tulare County Firefighters for decades of public service.
2.
Public
Comments.
3.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
4.
PUBLIC
HEARING: Request from Resource Management Agency to certify that it
has reviewed and considered the information contained in the Mitigated Negative
Declaration for the proposed Change of Zone No. PZ 08-011 (Raul & and Irene
Santellan), from C-2-SC (General Commercial - Scenic Corridor) to C-3-SC-SR
(Service Commercial - Scenic Corridor - Site Review Combining) on a 1.29-acre
parcel located on the south side of Avenue 295 (Noble Avenue), approximately
1,160 feet west of Road 152, east of Visalia, together with any comments
received during the public review process, in compliance with the California
Environmental Quality Act and the State Guidelines for the Implementation of
the California Environmental Quality Act of 1970, prior to taking action on the
Change of Zone. Find there is no
substantial evidence that said Change of Zone will have a significant effect on
the environment and determined that the Mitigated Negative Declaration reflects
the independent judgment of the County in compliance with the California
Environmental Quality Act and the State Guidelines for the Implementation of
the California Environmental Quality Act of 1970, as amended. Adopt the findings for approval for the
Change of Zone. Waive the final reading
and adopt an amendment to Ordinance No. 352 of the Tulare County Zoning
Ordinance. Direct the Clerk of the Board
of Supervisors to publish the adopted Ordinance and return the signed Notice of
Determination to the Resource Management Agency.
5.
PUBLIC
HEARING: Request from the Resource Management Agency to deny the
appeal filed by the City of Tulare
regarding Special Use Permit No. PSP 09-005/PZV No. 08-030(ZA) SA
Recycling/Central Valley Recycling Facility.
Uphold the Planning Commission's acceptance of a Mitigated Negative
Declaration as the appropriate document and adopting the Mitigation Monitoring
Plan for a Special Use Permit (PSP 09-005), to allow SA Recycling Solid Waste
Recycling Operation and Zone Variance [PZV 08-030 (ZA)] to allow a block wall
up to ten feet in height on the side and rear yard property boundaries. Uphold the Planning Commission's conditional
approval of a Special Use Permit (PSP 09-005).
Uphold the Planning Commission's conditional approval of a Zone Variance
[PZV 08-030 (ZA)] on 14.10 acres in the M-1 (Light Manufacturing) Zone, on
property located on the south side of Avenue 232 (Tulare Drive/Tulare Avenue),
approximately 2,000 feet west of Road 92 (West Street), west of Tulare.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
6.
PUBLIC
HEARING: Request from Resource Management
Agency to approve an application for funding from the State Department of
Housing and Community Development 2010 Community Development Block Grant
General Allocation. Review and approve submittal of the application for up to
$800,000 in funding to be distributed as follows: General Program
Administration ($60,000); and Pixley Pedestrian Safety and Air Quality Project
($740,000). Determine that Citizen
Participation requirements were met during the development of the application.
Authorize commitment and expenditure of Tulare County Redevelopment Agency
(TCRA) funds in the amount of $120,000 from the Pixley Project Area Budget No.
RP3-RP3-2000 to be used as local leverage for the 2010 Community Development
Block (CDBG) Grant Application. Approve
the use of Local Leverage Staff In-kind Funding Sources in the amount of
$12,500 to be used as leverage for the application. Find that leveraging financial resources for
improvement work in the community: (a) is consistent with the adopted
Redevelopment Plan; (b) implements the affected redevelopment plan by assisting
in the eradication of economic blight; (c) is consistent with the current
Implementation Plan adopted in 2008, pursuant to Health and Safety Code §33131
(a) and (c) and §33133; and (d) will directly benefit low- or moderate-income
persons. Find that there are no other
reasonable and available means of financing the local leverage for the proposed
activities, and that the County does not have available funding for this
purpose. Approve the commitment of CDBG
Program Income in an amount up to $1,000 for the activities proposed in the
application. Authorize and direct the
Chairman of the Board to sign the completed application and accompanying
documents on behalf of the County.
Authorize and direct the County Administrative Officer to act on the
County's behalf in all matters pertaining to this application. Authorize and direct the Chairman of the
Board of Supervisors to enter into and sign the Standard Agreement, and any
subsequent amendments thereto, with the State of California
for the purpose of this grant, subject to County Counsel
approval as to form. Authorize and
direct the Resource Management Agency Assistant Director of Administration and
Community Development or Manager of the Community Development and Redevelopment
Division to sign Funds Requests and other program-supporting
documentation. Review the 2011-2012
Project Consideration List. Adopt
changes to the Neighborhood Stabilization Program Acquisition and
Rehabilitation Guidelines.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
(Consent Calendar)
CONSENT CALENDAR (Number 7 through 38)
|
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.
|
Agricultural Commissioner/Sealer
7.
Approve
projects recommended by the Tulare County Fish and Game Commission in the
amount of $12,940 for Fiscal Year 2010/2011.
Authorize the Agricultural Commissioner to approve disbursement of funds
for these upon adoption of the Fish and Game Propagation Program. Approve the Notice of Exemption pursuant to
the California Environmental Quality Act (CEQA) and the State CEQA Guidelines,
and direct the Clerk of the Board to file the Notice of Exemption with the
County Clerk-Recorder.
8.
Approve
an amendment to Agreement No. 22018 with Harley D. Greenwood to extend the term
of the agreement to August 1, 2013 to provide microcomputer and software
support services.
9.
Approve
an agreement with the California Department of Food and Agriculture for
disbursement of funds, up to the maximum agreement amount of $6,285 for costs
incurred in the enforcement of the California Organic Foods Act, effective July
1, 2010 through June 30, 2011.
Auditor/Controller
10.
Authorize
the Auditor/Controller to transfer to the General Fund, pursuant to Government
Code 50050, 50053 and 50055, unclaimed funds currently in the Sheriff, Public
Defender and Tax Collector's special fund accounts.
Board of Supervisors
11.
Appoint
Jeff Gletne, Environmental Group Representative, Tony Souza, At-Large Member
and William (Bill) Rowley, District 4 Representative to the Agricultural
Advisory Committee for terms ending June 30, 2014.
12.
Appoint
David Harrald to the Measure R Citizen's Oversight Committee, County Member,
for a term ending June 30, 2012.
Cooperative Extension
13.
Approve
the fixed asset purchase of a replacement utility vehicle in an amount not to
exceed $12,000. Approve the necessary
budget adjustments. (4/5ths vote
required)
County Administrative Office
14.
Ratify
actions taken by the County Administrative Officer during the month of May 2010
regarding Personnel/Payroll changes and Good Works funding agreements.
15.
Approve
an amendment to Agreement No. 21234 with First 5 Tulare County for support
services for the period of July 1, 2010 through June 30, 2011.
16.
Authorize
the County Administrative Officer to approve transfers of appropriations within
any budget unit or sub-object account for Fiscal Year ending June 30, 2010,
except when such action would increase appropriations for capital assets by
more than $1,000.
17.
Approve
the Tulare County Association of Governments (TCAG) Joint Powers Agreement
among the Cities of Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare,
Visalia, and Woodlake (the "Cities") and the County of Tulare (the
"County"). Approve Amendment
One to the TCAG Joint Powers Agreement among the Cities and the County. Approve Amendment Two to the TCAG Joint
Powers Agreement among the Cities and the County. Execute ten (10) originals of the Joint
Powers Agreement (JPA), including Amendments approved by all parties and
leaving the date blank with the understanding that the effective date will be
the date the JPA is executed by the last party.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
General Services/Property Management
18.
Approve
the Real Property Purchase Contract for a Temporary Construction Easement with
Charles M. Walder and Elizabeth Walder, Gordon Jacobson and Ellen L. Jacobson,
Marilyn T. Doe, Russell M. Doe, John W. Wonder, and Peter C. Wonder for the
Betty Drive/Avenue 312 Realignment and Improvement Project-Phase 2A in the
amount of $500. Direct the Auditor to
draw a warrant in the amount of $500 in favor of Charles M. Walder and
Elizabeth Walder, Gordon Jacobson and Ellen L. Jacobson, Marilyn T. Doe,
Russell M. Doe, John W. Wonder, Peter C. Wonder.
19.
Approve
the Real Property Purchase Contract for a Temporary Construction Easement with
Charles M. Walder and Elizabeth Walder, Gordon Jacobson and Ellen L. Jacobson,
Marilyn T. Doe, Russell M. Doe, John W. Wonder, Peter Charles Wonder and Nancy
Lyn Wonder for the Betty Drive/Avenue 312 Realignment and Improvement
Project-Phase 2A in the amount of $500.
Direct the Auditor to draw a warrant in the amount of $500 in favor of
Charles M. Walder and Elizabeth Walder, Gordon Jacobson and Ellen L. Jacobson,
Marilyn T. Doe, Russell M. Doe, John W. Wonder, Peter Charles Wonder and Nancy
Lyn Wonder.
20.
Approve
the Real Property Purchase Contract for a Temporary Construction Easement with
Russell Tupper Doe, Elizabeth Malloch Doe, Russell M. Doe, Joseph Oldenbourg
and Catherine S. Doe for the Betty Drive/Avenue 312 Realignment and Improvement
Project-Phase 2A in the amount of $500.
Direct the Auditor to draw a warrant in the amount of $500 in favor of
Russell Tupper Doe, Elizabeth Malloch Doe, Russell M. Doe, Joseph Oldenbourg
and Catherine S. Doe.
21.
Approve
the Real Property Purchase Contract for a Temporary Construction Easement from
Self Help Enterprises for the Betty Drive/Avenue 312 Realignment and
Improvement Project-Phase 2A in the amount of $1,300. Direct the Auditor to draw a warrant in the
amount of $1,300 in favor of Self Help Enterprises.
22.
Approve
the Real Property Purchase Contract for a Temporary Construction Easement with
California Water Service Company for the Betty Drive/Avenue 312 Realignment and
Improvement Project-Phase 2A in the amount of $850. Direct the Auditor to draw a warrant in the
amount of $850 in favor of California Water Service Company.
23.
Approve
the Real Property Purchase Contract for Right of Way and a Temporary
Construction Easement with Mary L. Jimenez for the Betty Drive/Avenue 312
Realignment and Improvement Project-Phase 2A in the amount of $10,900. Authorize County Counsel to sign the Grant
Deed acceptance upon presentation.
Authorize the Chairman 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 $12,400 in favor
of Chicago Title Company.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
Health & Human Services Agency
24.
Approve
adjustments to the Tulare County Health & Human Services Agency, Health
Department budget for Fiscal Year 2009/2010 in the amount of $6,319 from the
Tobacco Fund. Approve the necessary
budgets adjustments. (4/5ths vote required)
25.
Approve
an amendment to Agreement No. 23800 with Arieh R. Whisenhunt, M.D. in an amount
not to exceed $200,000 to extend the term of the agreement to June 30, 2011 for
the provision of telepsychiatry services.
26.
Approve
an amendment to Agreement No. 23346 with Sterling Security Service in an amount
not to exceed $1,811,700 to extend the term of the agreement to June 30, 2012
for the provision of security guard services at various County locations.
27.
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 $160,000, 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.
Resource Management Agency
28.
Approve
an amendment to Agreement No. 21757 with Omni-Means, Ltd. for Planning,
Preliminary Engineering, Preliminary Right of Way and Environmental Services
for the Avenue 280 Widening Project to extend the time to complete services
under this agreement to December 31, 2011.
29.
Approve
the transfer of ownership of Surface Mining Permits and Reclamation Plans for
two mine sites (California Mine ID Nos. 91-54-0006 and 91-54-0036) from Kaweah
River Rock, Inc. and Kaweah South Limited Partnership to Santa Fe Aggregates,
Inc. relinquishing Kaweah River Rock Co. and Kaweah South Limited Partnership
from any further responsibility originating from said permits, including the
Conditions of Approval and approved Financial Assurances.
30.
Approve
the purchase of two used transit buses for the LOOP Program in the amount of
$130,000. Grant a waiver of the bid
process and authorize the Purchasing Agent to purchase two buses on behalf of
the County. Approve the necessary budget
adjustments. (4/5ths vote required)
31.
Approve
and award the contract to the lowest responsive and responsible bidder, W.
Jaxon Baker, Inc of Redding, California, in the amount of $3,592,963.34 for
construction of the Asphalt Concrete Overlay on Avenue 56; Road 232; Diagonal
134 and Avenue 192 Construction Project.
Authorize the Chairman to sign the contract, subject to 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 $359,296 (10%) to cover unexpected construction
conditions and construction engineering.
32.
Approve
and award the contract to the lowest responsive and responsible bidder, W.
Jaxon Baker, Inc. of Redding, California, in the amount of $ 4,121,297.50 for
construction of the Asphalt Concrete Overlay on Avenue 232 and Road 56
Construction Project. Authorize the
Chairman to sign the contract, subject to 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 $412,130 (10%) to cover unexpected construction conditions and construction
engineering.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY REDEVELOPMENT
AGENCY
33.
Authorize
submittal of a 2010 CalHome Grant application for $1,000,000 in response to the
Notice of Funding Availability (NOFA) issued on April 19, 2010, for
implementation of an Emergency Repair Program and a First-Time Homebuyer
Mortgage Assistance Program in the Tulare County Redevelopment Project Areas of
Cutler-Orosi, Earlimart, Goshen, Ivanhoe, Pixley, Poplar-Cotton Center,
Richgrove and Traver. Adopt the CalHome
Emergency Repair Program Guidelines.
Adopt the CalHome First-Time Homebuyer Mortgage Assistance
Guidelines. Agree that if the
application for funding is approved, the County will use the CalHome funds for
eligible activities in the manner presented in the application as approved by
the State Department of Housing and Community Development (HCD) and in
accordance with Chapter 84, Statutes of 2000 (SB 1656 Alarcon), and codified in
Chapter 6 (commencing with Section 50650) of Part 2 of Division 31 of the
Health and Safety Code. Pursuant to the
statute, HCD is authorized to approve funding allocations utilizing monies made
available by the State Legislature to the CalHome program, subject to the terms
and conditions of the statute and the CalHome Program Regulations adopted by
HCD in April 2004. Authorize the
Chairman of the Board to execute in the name of the County of Tulare, the
application, the Standard Agreement, any amendments there to, and all other
documents required by HCD for participation in the CalHome Program, subject to
County Counsel review and approval.
Authorize and direct the Resource Management Assistant Director of
Administration and Community Development or Manager of the Community
Development and Redevelopment Division to sign Funds Requests and other
required reporting forms. Authorize the
commitment of Tulare County Redevelopment Agency (TCRA) funds in the amount of
$50,000 from the following Redevelopment Project Areas: Cutler-Orosi ($15,000), Earlimart ($10,000),
Goshen ($15,000), and Pixley ($10,000), for administration of the 2010 CalHome
Grant. Find that financing
administration of a grant that will alleviate serious health and safety issues
in these communities is (a) consistent with the adopted Affordable Housing
Component and the Redevelopment Plans for Cutler-Orosi, Earlimart, Goshen,
Ivanhoe, Pixley, Poplar-Cotton Center, Richgrove and Traver; (b) implements the
affected Redevelopment Plans by assisting in the eradication of blight caused
by deteriorated and dilapidated housing units; and (c) is consistent with the
affected Implementation Plans adopted pursuant to Health and Safety Code
33590. Find that there are no other
reasonable available means of financing grant administration and that the County
does not have available funding for this purpose.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
Sheriff/Coroner
34.
Approve
the fixed asset purchase of a Forensic Computer in an amount not to exceed
$8,500 for the Sexual Assault Felony Enforcement Program. Approve the necessary budget
adjustments. (4/5ths vote required)
35.
Approve
an equipment grant valued at $4,300 from Project Lifesaver International to
obtain equipment to more efficiently locate people with dementia and other
disorders who wander away from private residences and caregiver
facilities. Authorize the Chairman to
sign a Letter of Intent to obtain the grant equipment.
36.
Ratify
and approve an amendment to Agreement No. 23119 with the United States Army
Corps of Engineers for law enforcement services at Kaweah Lake Recreation Area,
retroactive to April 30, 2010 through September 6, 2010. Find that the Board had the authority to
enter into the proposed agreement as of April 30, 2010, and that it was in the
County's best interest to enter into the agreement on that date.
37.
Approve
an agreement with the U.S. Department of Justice, Drug Enforcement
Administration, Organized Crime Drug Enforcement Task Force, effective through
September 30, 2010.
38.
Approve
a Memorandum of Understanding with the California State Sheriff's Association
for the implementation of the Victim Information Notification Everyday (VINE)
Program that provides victims of a crime updates on the location of the
offenders who committed the crime.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
39.
Request
from the County Administrative Office to approve an agreement with Carpi Clay
& Smith to provide Federal legislative services in the amount of $84,000
for one year. Authorize the Chairman of
the Board to sign the agreement, subject to review and approval as to form by
County Counsel.
40.
Request
from the County Administrative Office to approve an agreement with Strategic
Local Government Services, LLC to provide State legislative services in the
amount of $55,000 for one year.
Authorize the Chairman of the Board to sign the agreement, subject to
review and approval as to form by County Counsel.
(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
Change of
Zone No. PZ 08-011 (Raul and Irene Santellan) from C-2-SC (General Commercial -
Scenic Corridor) to C-3-SC-SR (Service Commercial - Scenic Corridor - Site
Review Combining) on a 1.29 acre parcel on the south of Avenue 295 (Noble Avenue), west
of Road 152, east of Visalia.
Board of Supervisors Agenda Item June 15, 2010
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: 2
City of Tulare Appeal of SA
Recycling Special Use Permit No. PSP 09-005 for solid waste recycling operation
and Zone Variance No. PZV 08-030 (ZA). Board of Supervisors Agenda Item June
15, 2010.
Next Item(s)
Sitting as...
ITEM
C
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
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 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...
