(Public Comment Period)
1.
Present
a Proclamation to Target Stores: Visalia
North, Store No. 2469 and Tulare, Store No. 2349 in appreciation for donations
totaling $4,000 for the Reach Out and Read Program. Authorize the Tulare County Health &
Human Services Agency to receive a donation in the amount of $2,000 for the
Visalia Health Care Center in Visalia and to receive a donation of $2,000 for
the Tulare County Pediatrics Health Care Center in Tulare for the Reach Out and
Read Program from Target Stores (Total Donation of $4,000). Authorize the
Tulare County Health & Human Services Agency to use the $4,000 donation to
purchase books for the Reach Out and Read Program in our County Health Care Centers.
2.
Presentation
given by the Sierra Nevada Conservancy on funds available through the
Proposition 84 Grant Program.
3.
Request
from the Board of Supervisors to approve a Resolution in support of the Sierra
Nevada Conservancy's Sustainable Sierra Nevada Initiative.
4.
Public
Comments.
5.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
6.
PUBLIC
HEARING: Request from Resource Management Agency to continue the
appeal filed by Robert J. Owen to September 14, 2010 at 9:30 a.m., pending the
adoption of an Amendment to Section 15.D.2 of the Tulare County Zoning
Ordinance pertaining to Division of Land Exceptions in Agricultural Zones
(Homesite Parcel Ordinance), 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.
7.
PUBLIC
HEARING: Request from Resource Management Agency to review and
receive public comment on the Annual Grantee Performance Reports for Grant Nos.
06-STBG-2598, 07-EDEF-3721, 08-EDEF-5894, 09-STAR-6387, 09-STBG-6419, and the
Program Income Revolving Loan Account, and receive comments regarding the
closeout of Tulare County Community Development Block Grant Nos. 06-STBG-2598
and 08-PTAG-5366. Approve the Annual
Grantee Performance Reports and authorize the Chairman of the Board to sign the
reports for submittal to the State Department of Housing and Community
Development. Authorize the County
Administrative Officer to sign the final closeout certification documents and
accept the final products. Authorize
submittal of all signed closeout documents to the State Department of Housing
and Community Development.
(Consent Calendar)
CONSENT CALENDAR (Number 8 through 27)
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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
8.
Ratify
and approve an agreement with the California Department of Food and Agriculture
for providing State subvention funding up to $154,217 to offset costs of pest
detection trapping for exotic insect pests, retroactive to July 1, 2010 through
June 30, 2011. Find that the Board had authority
to enter into the proposed agreement as of July 1, 2010, and that it was in the
County's best interest to enter into the agreement on that date.
Board of Supervisors
9.
Approve
sending a letter of support for H.R. 5645 (Nunes), which would instruct the
Director of National Drug Control Policy to submit to Congress a Federal Lands
Counterdrug Strategy and would enhance penalties for certain drug offenses on
Federal lands.
10.
Approve
a change in the grant award, as requested by Citrus High School, from $5,000 to
$3,500 due to a change in the scope of work.
Child Support Services
11.
Approve
the Proclamation to recognize and acknowledge the month of August 2010 as Child
Support Awareness Month.
County Counsel
12.
Ratify
and approve the purchase of Optional Excess Liability Insurance with California
State Association of Counties - Excess Insurance Authority, retroactive to July
1, 2010. Find that the Board had
authority to purchase the Optional Excess Liability Insurance as of July 1,
2010, and that it was in the County's best interest to purchase the insurance
on that date.
General Services
13.
Accept
the Irrevocable Offer to dedicate real property along the alignment of Avenue
310 near Goshen that was offered for dedication by Irrevocable Offer to
Dedicate Real Property recorded in the office of the Tulare County Recorder on
February 8, 2006 as Document No. 2006-0012616 of Official Records.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
14.
Approve
the Real Property Purchase Contract for Temporary Construction Easements with
Midstate Hayes 184 Distribution Center, LLC for the Betty Drive/Avenue 312
Realignment and Improvement Project - Phase 2A in the amount of $5,100. Direct the Auditor to draw a warrant in the
amount of $5,100 in favor of Midstate Hayes 184 Distribution Center, LLC.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
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.
Authorize
the submittal of the application for the Fiscal Year 2010 State Homeland
Security Grant Program, not to exceed $975,720 to enhance the ability to
prepare for, prevent, respond to, and recover from terrorist attacks and other
disasters.
17.
Ratify
and approve an amendment to Agreement No. 24233 with the City of Porterville
for the Recycle-Only Household Hazardous Waste Program, retroactive to July 1,
2010 through June 30, 2011. Find that the Board had authority to enter into the
proposed agreement as of July 1, 2010 and that it was in the County's best
interest to enter into the agreement on that date.
18.
Ratify
and approve an agreement with Family Services of Tulare County, Inc. in an
amount not to exceed $233,250 to provide an intensive supervised visitation
program for foster children in Tulare County, retroactive to July 1, 2010
through June 30, 2011. Find that the Board had authority to enter into the
proposed agreement as of July 1, 2010 and that it was in the County's best
interest to enter into the agreement on that date.
Information Technology
19.
Ratify
and approve the annual renewal of license and maintenance agreements with
Service-now.com to provide use licenses and maintenance support for the
Service-now.com product in the amount of $104,580, retroactive to July 1, 2010
through June 30, 2011. Find that the
Board had authority to enter into the proposed agreement as of July 1, 2010,
and that it was in the County's best interest to enter into the agreement on
that date.
Probation
20.
Ratify
and approve an amendment to Agreement No. 23955 with the U.S. Department of
Justice for the distribution, maintenance and use of seized and forfeited drug
assets, retroactive to July 1, 2010 through June 30, 2011. Find that the Board had authority to enter
into the proposed agreement as of July 1, 2010, and that it was in the County's
best interest to enter into the agreement on that date.
Resource Management Agency
21.
Authorize
the submittal of an application to the California Emergency Management Agency
in the amount of $112,761 for Proposition 1B funding for Transit System
security enhancements.
22.
Request
that the California Department of Transportation (Caltrans) change the function
classification of Richgrove Drive between County Line Road (Avenue 0) and
Sierra Avenue (Avenue 56) from minor collector to major collector as
identified. Direct Resource Management
Agency (RMA) staff to submit to the Tulare County Association of Governments
(TCAG) a request for concurrence of the requested change. Direct RMA staff, upon receipt of concurrence
by TCAG, to submit the requested change to Caltrans.
23.
Introduce
and waive the first reading of an amendment to Section 15.D.2 of the Tulare
County Zoning Ordinance No. 352, pertaining to Division of Land Exceptions in
Agricultural Zones as recommended by the Planning Commission. Direct the Clerk of the Board to publish the
Summary Ordinance. Set a Public Hearing
for August 10, 2010 at 9:30 a.m.
24.
FOR
INFORMATION ONLY: Bid Opening results
for the Construction of Road 80 from North of Avenue 328 to St. Johns River including
Bridge & Culvert Extensions.
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Contractor
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TOTAL BASE BID
|
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Teichert Construction
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$3,961,768.00
|
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R.J. Berry
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$3,968,589.30
|
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American Paving Company
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$4,106,612.00
|
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Emmett's Excavation, Inc.
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$4,119,427.00
|
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Lee's Paving, Inc.
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$4,180,922.45
|
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Construction Development
Systems
|
$4,523,855.50
|
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Granite Construction
Company
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$4,632,366.00
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|
|
|
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Engineers Estimate
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$6,807,585.40
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Sheriff/Coroner
25.
Approve
a Memorandum of Understanding with Sequoia and Kings Canyon National Parks,
National Park Service, United States Department of Interior for cooperative law
enforcement assistance, effective when executed by the last party and remaining
in effect until terminated by either party.
26.
Ratify
and approve an amendment to Agreement No. 23774 with the California Emergency
Management Agency to extend the term for the Tulare County Sexual Assault
Felony Enforcement grant, retroactive to July 1, 2008 through June 30,
2011. Find that the Board had the
authority to enter into the proposed amendment on June 25, 2010, and that it
was in the County's best interest to enter into the amendment on that date.
27.
Ratify
and approve an amendment to Agreement No. 24026 with the California Emergency
Management Agency to extend the term for a California Multi-jurisdictional
Methamphetamine Enforcement Team grant, retroactive to July 1, 2008 through
June 30, 2011. Find that the Board had
the authority to enter into the proposed amendment on June 29, 2010, and that
it was in the County's best interest to enter into the amendment on that date.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
28.
Receive
a report from the Resource Management Agency regarding major road projects
scheduled for construction in Fiscal Year 2010/11.
(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: 1
Appeal
by Robert J. Owen re Zoning Administrator denying Zone Variance No. PZV 08-027
to allow creation of a 0.37-acre homesite parcel from an original parcel (4.70
acres) containing less than acreage required in the AE-10 Zone on property
located east of Road 252 (Plano Street), south of Porterville. Board of
Supervisors Agenda Item, July 27, 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: 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 REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property Description:
Premises
situated at the Sequoia Field Airport ("the Airport") known as the
South Hangar (except for storage along the west side of the hangar), the shop
area located at the northwest corner of the South Hangar, ramp areas (400' x
150') south of the South Hangar, and the storage areas in the North hangar
along the west side (130' x 20') along the east side (50' x 30")
("the Premises")."(Street Address, Parcel or Other Unique
Description)
Agency
Negotiator: Jean Rousseau, Robert Newby
Negotiating
Parties: TBM Inc
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
D
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 08-229065
Next Item(s) Sitting
as...
ITEM
E
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
F
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Lawana Stafford vs. County of Tulare
Workers'
Compensation Appeals Board Number: FRE 0167615
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Arthur Garcia vs. County
of Tulare
Workers'
Compensation Appeals Board Number: ADJ 2513993
Next Item(s)
Sitting as...
ITEM
H
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: A. E. v. County of Tulare,
et al
United
States District Court Case Number: 1:09-CV-02204-LJO-DLB
Next Item(s)
Sitting as...
ITEM
I
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Paula Borgioli v. County of Tulare, et al
United
States District Court Case Number: 1:08-CV-00857-LJO-SMS
Next Item(s)
Sitting as...
ITEM
J
CONFERENCE WITH LABOR
NEGOTIATOR
Details
(Government
Code Section 54957.6)
Agency
Designated Representative: Tim Huntley,
Jean Rousseau
Employee
Organization: All Certified Employee
Organizations
Unrepresented
Employees: All Unrepresented Employees
except Elected
Next Item(s)
Sitting as...
