(Public Comment Period)
1.
Present
a Proclamation to Ruiz Foods for its longstanding contributions in Tulare
County.
2.
Present
a Proclamation to Gary Rhoden for 28 years of dedicated service in Tulare
County.
3.
Recognition
of Tulare County Employees who have been selected by their respective
departments to be honored in the Employee Recognition Program. Announce and select the Tulare County Employee
of the Year for 2009.
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Agricultural Commissioner/Sealer
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Kristyna Cotta
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Alejandro Del Rio
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Assessor/Clerk-Recorder
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Steven Drake
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Sheryl Furtado
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Laura Singh
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Auditor-Controller/Elections/Purchasing/Treasurer-Tax
Collector
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Jacqueline Balderas
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Wendy Cartwright
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Child Support Services
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Bruce Bergthold
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Angie Gutierrez
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Lisa Marks
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Forrest McLean
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Manuel Melo
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Catherine Mendoza
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Tim Pisano
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Veronica Ritenour
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Clara Silva
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Deanna Sullivan
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Cooperative Extension
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Craig Yancey
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County Counsel
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Elizabeth Klotz
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Fire Department
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Tracey McKibbin
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Divina Santos
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Gloria Simoes
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District Attorney
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Jennifer Dixon
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Anita Richey
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Health & Human Services Agency
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Georgia Alba
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Maria Arredondo
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Jeffrey Blackmon
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Mary Blanco
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Michelle Brown
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Veronica Brummer
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Reta Burkes
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Eleazar Calderon
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Henry Camacho
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Kathleen Campbell
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Tiffany Canning
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Patricia Castillo
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Rita Cervantes
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Lorena Chacon
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Roberto Chavez
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Natalie Claussen-Rogers
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Ann Contreras
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Melissa Durick
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Gloria Court
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Kenneth Cruickshank
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Christine Espino
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Becky Duvall
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Betsy Ellis
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Josefina Frame
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Karen Ferguson
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Larry Fisburn
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Susana Hanson
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Sharon Gayden
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Elisabeth Gibbons
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Kellie Hernandez
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Allison Hendrix
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Joua Her
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Keith Jahnke
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Laurel Hernandez
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Timothy Inouye
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Diane MacDonald
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Darlene Jastram
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Teresa Lekoff
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Hal McCauley
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John Macedo
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Marilyn Mago
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Olivia McNitt
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Ken McCoy
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Elizabeth McMarvion
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Janice Peterson
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Janice Miller
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Anna Montano
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Robin Purves
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Melissa Powell
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Tiffany Pryor
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Javier Robles
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Luke Raper
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Margaret Peggy Redfern
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Anna Schaefer
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Leticia Rodriguez
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Mona Sauceda
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Bernice Soto
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Sommone Seelapasay
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Michelle Shanley
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Lydia Webster
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Somkhith Souryasack
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Darcy Stotesbery
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Susan Winchester
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Jeanne Wheaton
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Dayna Wild
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Phyllis Wooden
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Human Resources & Development
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Becky Buckingham
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Library
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Marisol Rodriguez
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Probation
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Maria Ceballos
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Brenda Keasley
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Dallas Langlois
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Ilene Perales
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Faye Phillips
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Mary Raborn
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Tate Rankin
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Nellie Reardon-Moss
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Maria Serrano-Soto
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Shannon Trigueiro
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Resource Management Agency
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Denise Akins
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Teresa Avita
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Maria Flores
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Steve Horton
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Dianne Hull
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Candyce Manuele
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Ron Moore
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Scott Pfanstiel
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Aurelio Ramos
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Jere Stafford
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Jennifer Willard
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Sherriff's Department
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Lisa Brown
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Kevin Coffman
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Ron Crouch
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Javier Elizaldi
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Jeff Gardner
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Jaime Garza
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Chris Gezzer
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Mark Gist
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Yvonne Jaramillo
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Gary Marks
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Julie Ross
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Workforce Investment Department
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Eldonna Caudill
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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 waive the final reading and adopt an amendment to Section 15.D.2 of
Ordinance No. 352 of the Tulare County Zoning Ordinance pertaining to Division
of Land Exceptions within Agricultural Zones.
Find there is no substantial evidence that said Zoning Ordinance
Amendment will have a significant effect on the environment and that a Notice
of Exemption for said Zoning Ordinance Amendment reflects the independent
judgment of the County and has been completed 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 Planning Commission recommendation
relating to the amendment to Ordinance 352, the Tulare County Zoning Ordinance,
pertaining to Division of Land Exceptions in Agricultural Zones, as set for in
the Planning Commission Resolution No. 8498.
Direct the Clerk of the Board to publish the Summary Ordinance and to
post a copy of the full Ordinance as required by law.
(Consent Calendar)
CONSENT CALENDAR (Number 7 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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Agricultural Commissioner/Sealer
7.
Ratify
and approve an agreement with the California Department of Food and Agriculture
in an amount up to $169,402 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. Authorize the Chairman to sign
Form CCC-307 (Contractor Certification Clauses). Approve the necessary budget
adjustments. (4/5ths vote)
Board of Supervisors
8.
Reappoint
Elissa M. Padilla as Mental Health Agency Representative and Jesus Quevedo as
District 4-Consumer Representative to the Community Health Center Board for
terms ending April 18, 2014.
9.
Reappoint
Maribel Reynosa, Logan Robertson, Eldonna Caudill and Janis Lehmann to the
Tulare County Youth Commission for terms ending June 24, 2013.
10.
Reappoint
Tim Peltzer to the Southern Tulare County Citrus Pest Control District for a
term ending July 6, 2014.
County Administrative Office
11.
Approve
sending a letter to Congressman Nunes requesting his co-sponsorship of H.R.
1956 - Crime Victim Restitution and Court Fee Intercept Act which would amend
the Internal Revenue Code to provide a federal offset for state and local
agencies to recover outstanding restitution ordered to the victims of crimes
and other delinquent court-ordered fines, penalty assessments, and fees
associated with criminal or juvenile justice proceedings.
District Attorney
12.
Ratify
and approve an amendment to Agreement No. 23220 with the Visalia Police
Department in the amount of $90,060 for one (1) Prosecutor Assistant and one
(1) Investigative Technician to be stationed at the Visalia Police Department,
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.
General Services
13.
Approve
an agreement with Louie Medina Jr. for food service concession at the Visalia
Courthouse.
Health & Human Services Agency
14.
Reaffirm
declaration of state of emergency in the Tulare County Drought Resolution No.
2008-0472 adopted June 24, 2008.
15.
Approve
an agreement between Tulare County Health & Human Services Agency, Pacific
Bell Telephone Company (dba AT&T California), and Twenty First Century
Communications, Inc. for the purchase and use of Neighborhood Call data with an
estimated initial annual cost of $3,000.
16.
Approve
an agreement with the Tulare County Fairgrounds for the utilization of the
Fairgrounds for the temporary housing of people and/or animals that have been
evacuated as a result of a declared disaster or emergency.
17.
Ratify
and approve the acceptance of funds from the California Emergency Management
Agency for the Fiscal Year 2010 Emergency Management Performance Grant in the
amount of $201,238, retroactive to July 1, 2010 through June 30, 2011. Find that the Board had authority to accept
the grant funds as of July 1, 2010 and that it was in the County's best
interest to accept the funding on that date.
18.
Ratify
and approve an amendment to Agreement No. 22016 with the California Ventura
Automated Collection System (VACS) Association in an amount not to exceed
$11,810 for Tulare County's participation in the joint enhancement committee
regarding the Ventura Automated Collection System, 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.
19.
Ratify
and approve an amendment to Agreement No. 23235 with Family Services of Tulare
County, Inc. in an amount not to exceed $250,000 to extend the term of the
agreement to June 30, 2011, to provide a community-based Family Preservation,
Family Support, and Family Reunification Program retroactive to July 1,
2010. 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.
20.
Ratify
and approve an amendment to Agreement No. 23319 with AspiraNet in an amount not
to exceed $120,000 to extend the term of the agreement to June 30, 2011 for the
provision of pre- and post-adoption services, retroactive to July 1, 2010
through June 30, 2011. Find that the
Board had the 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.
21.
Ratify
and approve an amendment to Agreement No. 23434 with AspiraNet in an amount not
to exceed $212,193 to extend the term of the agreement to June 30, 2011, for
the delivery of Transitional Housing Program Plus Placement services,
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.
Human Resources & Development
22.
Approve
an amendment to Agreement No. 24259 with the San Joaquin Valley Insurance
Authority to allow participation of alternates at Board of Directors meetings
in the absence of appointed Directors.
Appoint Steve Worthley and Phil Cox as alternate members to the San
Joaquin Valley Insurance Authority.
23.
Authorize
the temporary office closures for Fiscal Year 2010/2011 for selected County
Offices on the specified perspective dates as follows: August 13 through October 15, 10 consecutive
Fridays - 4 hours - General Services Administration & Property Management,
Resource Management Agency; October 15 through November 12 - closed Fridays -
Resource Management Agency Road Yards (except Central Yard Shop), Soils Lab and
Sign Shop; November 12 through December
17 - closed Fridays - Resource Management Agency Building Inspection,
Porterville Office; November 22 through 24 and December 22 through 23 -
Assessor's Office (does not include Clerk-Recorder operations); November 24 -
Library and Literacy Office; December 20 through 23 - Library Literacy Office;
December 23, 28, 31 - Library (The Library is not open on Monday the 27th so
this closure will be from Thursday, December 23 through Tuesday, December 28);
December 27 through 31 - Board of Supervisors, Child Support, Cooperative
Extension, County Administrative Office, County Counsel (main and Risk offices
only), Human Resources, In-Home Supportive Services Public Authority, Workforce
Investment Board, General Services-Parks, Lakes & Museum, Law Library,
Agricultural Commissioner - Sealer of Weights and Measures.
24.
Amend
paragraphs Nos. 4 and 6 of the Compensation Reduction Program for Unrepresented
Employees effective August 1, 2010 approved and adopted by Board of Supervisors
Resolution No. 2010-0600 at its July 20, 2010 meeting, by adopting a resolution
that supersedes Board resolution No. 2010-0600 and approves the amended,
continued Compensation Reduction Program in whole as follows: Suspend Merit and Step Increases and
Flexibly-allocated Promotions (Personnel Rule 3.1) for Unrepresented Employees
and Extra Help employees - other than Extra Help Fire-Fighters and Extra Help
Fire-Engineers; Suspend the County's matching contribution, up to $1,500
annually, for employees and elected officials participating in the elective
Deferred Compensation program; Suspend for Fiscal Year (FY) 2010-11 the Sick
Leave Buy-Back Benefit scheduled to be paid in December 2010.; Continue a
Furlough program except as noted in number 6 below, beginning August 1, 2010
through July 30, 2011 whereby employees' earnings rates will be reduced by
1.92% for 26 Pay Periods. Such
compensation adjustment is the equivalent of 40 hours of paid time; Adopt a
paid "furlough hour benefit" equal to 40 hours and described as
Mandatory Time Off (MTO). Forty MTO
hours will be credited in pay period 17 (August 1 - 14) and will be tracked and
used like vacation. This program will
apply to employees eligible for overtime pay and employees not eligible for
overtime pay.; Adopt a paid "furlough hour benefit" equal to 56.8
hours for Fire Battalion Chiefs and described as Mandatory Time Off (MTO). 56.8 MTO hours will be credited in pay period
17 (August 1 - 14) and will be tracked and used like vacation. Continue reduction of the Holiday Pay from 96
hours to 39.2 hours for the period of August 1, 2010 through July 30, 2011 in
lieu of participating in the Furlough Program.
Probation
25.
Ratify
and approve an amendment to Agreement No. 21673 with Dinuba Joint Unified
School District to provide the services of a Probation Officer for the
continued operation of the Delinquency Prevention Program, retroactive to July
1, 2010 through June 30, 2011. Find that
the Board had the authority to enter into the proposed amendment 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
26.
Accept
the work for construction of the Traffic Signal at Avenue 280 and Road 156 as complete
by A-C Electric Company of Visalia, California.
Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the
Notice of Completion recorded.
27.
Ratify
and approve an agreement with the City of Exeter to provide building permit
processing and inspection services, retroactive to July 1, 2010 through June
30, 2013. Find that the Board had the
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.
28.
Approve
and award the contract for construction of Road 80 Phase 1A Project from Avenue
328 to the St. Johns River (Avenue 342 alignment) including Bid Additives A, B,
C, D, E and F to the lowest responsive and responsible bidder on the base bid,
A. Teichert & Son, Inc., dba Teichert Construction of Fresno, California,
in the amount of $7,317,768. 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 Contractor's License. Allow funds in the amount of $731,777 (10%)
to cover unexpected construction conditions.
29.
Approve
the Measure R Program Supplement to Agreement No. 23149 with the Tulare County
Transportation Authority for the Construction of Road 80 Phase 1A in the amount
of $6,112,545. Authorize the Chairman of
the Board to sign the Program Supplement, subject to review and approval as to
form by County Counsel.
30.
Approve
and award a contract to the lowest responsive and responsible bidder, Jezowski
& Markel Contractors, Inc. of Orange, CA, in the amount of $570,360.38, for
construction of the Richgrove Green Alleys Project. Authorize the Chairman of the Board 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 Contractor's License. Allow funds for a contingency in the amount
of $57,036 (10%) to cover unexpected construction conditions.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
31.
Approve
Supplemental Agreement No. N007 between the Tulare County Redevelopment Agency
and the California Department of Transportation for Safe Routes to School
funding to construct curb, gutter and sidewalks around the entire perimeter of
Golden Valley Elementary School on Avenue 416, Avenue 413, Road 126 and Road
127, in the community of Orosi.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
32.
Request
from Resource Management Agency to authorize new office hours for the Resource
Management Agency at the Visalia Government Plaza to be open to the public
Mondays through Thursdays 9:00 a.m. to 4:30 p.m. and closed Fridays effective
August 13. 2010.
33.
Request
from Resource Management Agency to acknowledge that a written protest against
the proposed user fee increase was received from a majority of the
owners/tenants of the properties affected by the proposed user fee increase in
the Tooleville Sewer Zone of Benefit.
Approve the user fees identified with no change in the user fees that
were adopted on August 18, 2009 as Resolution No. 2009-0666 for Tooleville.
34.
Ratify
and approve the following Memoranda of Understanding between the County of
Tulare and the following: District
Attorney Criminal Investigators Association of Tulare County (DACIATC);
Professional Law Enforcement Management Association (PLEMA); Tulare County
Corrections Association (TCCA-Probation and Probation Correction Officers);
Tulare County District Attorney's Investigators Association (TCDAIA-Welfare
Investigators); Tulare County Deputy Sheriffs' Association (TCDSA); Tulare
County Professional Firefighters' Association (TCPFA); and United Auto Workers
(UAW), retroactive to August 1, 2010.
Find that the Board had the authority to enter into the proposed
agreements as of August 1, 2010, and that it was in the County's best interest
to enter into the proposed agreements on that date.
(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
Amendment
to Section 15.D.2 of Ordinance No. 352, the Zoning Ordinance, pertaining to
Division of Land Exceptions within Agricultural Zones and Notice of Exemption
pursuant to the California Environmental Quality Act. Board of Supervisors
Agenda Item August 10, 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: 075-50-005
Agency
Negotiator: Jean Rousseau, Robert Newby
Negotiating
Parties: Hasmukhbhai P. Patel and
Shardaben H. Patel
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
D
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
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:1
Request by
Dario Gutierrez to file a late claim with the Board of Supervisors
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Gregory Hernandez, deceased vs. County of Tulare
Workers'
Compensation Appeals Board Number: ADJ 7198839
Next Item(s)
Sitting as...
ITEM
H
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...
