(Public Comment Period)
1.
Presentation
to adopt a Resolution proclaiming September 5th through 11th as "Suicide
Prevention Week" in Tulare County.
2.
Present
Proclamation declaring the month of September 2010 as "National Alcohol
& Drug Addiction Recovery Month" in Tulare County.
3.
Public
Comments.
4.
Board
of Supervisors matters.
(Consent
Calendar)
CONSENT CALENDAR (Number 5 through 32)
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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 of $183,440 to offset costs of regulating maturity
and freeze damage of all oranges, lemons, and mandarins being produced and/or
processed in the 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.
Auditor-Controller/Registrar of Voters/Treasurer-Tax
Collector
6.
Consolidate
the Local Measures, listed in Appendix A, with the General Election and any other election which may be
held within the jurisdiction of said Districts on Tuesday, November 2,
2010. Authorize the election official to
perform all necessary and required services to the aforementioned Districts
relating to the conduct of the Local Measures and Statewide Direct General
Election. Consent to the consolidation
of these elections and the procedures to be used in the conduct of the
consolidated election, and said consolidation shall adhere to the following
provisions and those set forth in Section 10400 and following of the Elections
Code. Agree that each individual
District shall reimburse the County in full for the services performed in connection
with these elections, upon presentation of a bill from the election official to
the District. Agree that the election
official will prepare a certified statement of the results of the election and
submit it to each governing body within 28 days of the election. Agree that the elections included in Appendix
A are to be consolidated as set forth above.
7.
Authorize
the County Auditor, in coordination with the County Administrative Officer, to
sign necessary agreements and documents related to the issuance of a line of
credit with Union Bank of California for up to $55 million.
8.
Authorize
the Tax Collector to offer for Sale by Agreement on November 20, 2010 tax
defaulted properties, subject to the Power to Sell pursuant to Chapter 8 of
Part 6 of Division 1 of the California Revenue and Taxation Code.
Board of Supervisors
9.
Approve
a Resolution supporting a future Kings/Tulare Region High Speed Train Station
in East Hanford.
10.
Appoint
Jane C. Elson to the Tulare County Youth Commission as District 1
Representative for a term ending June 24, 2013.
County Administrative Office
11.
Approve
the Memorandum of Understanding between the Tulare County Film Commission and
the United States Department of Agriculture, Forest Service on behalf of Tulare
County that outlines procedures for expediting location shooting on Forest
Service properties located within California.
General Services
12.
Authorize
the early termination of sublease Agreement No. 21047 with the Community Service
and Employment Training, Inc. for 3,234 sq. ft. of office space located at 1061
W. Henderson, Porterville effective August 31, 2010.
13.
Approve
the Proposition 40 Roberti-Z'Berg-Harris Urban Open Space and Recreation Grant
Project for the following: renovations
of the restroom facilities at Alpaugh Park, Balch Park, Bartlett Park, Cutler
Park, Kings River Nature Preserve, Mooney Grove Park, Pixley Park, and Woodville
Park; renovation of the playground at Alpaugh Park; and construction of a disc
golf course and clean-up at Kings River Nature Preserve. Approve the Proposition 40 Per Capita Grant
Project for the following: to complete
the Mooney Grove ground water recharge basin irrigation project; and for the
renovations of the restroom facilities at Alpaugh Park, Balch Park, Bartlett
Park, Cutler Park, Kings Nature Preserve, Mooney Grove Park, Pixley Park, and
Woodville Park. Approve an exemption
pursuant to Section 15301 of the California Environmental Quality Act (CEQA) on
the basis that the restroom renovation and playground renovation is the
replacement of an existing system, and involves negligible or no expansion of
an existing use. Approve an exemption pursuant
to Section 15303 of the California Environmental Quality Act (CEQA) on the
basis that the disc golf course is new construction of limited small
facilities. Authorize the Chairman to
sign the Project Application and the California State Parks' California
Environmental Quality Act Compliance Certification Forms. Authorize the County Administrative Officer,
or his designee, to adjust all Proposition 40 Grant project funding
amounts. Authorize the Purchasing Agent
to execute all agreements with Community Services & Employment Training,
Inc. (C-SET) for all Proposition 40 projects.
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.
Ratify
and approve an amendment to Agreement No. 21965 with Addiction Research and
Treatment, Inc. d.b.a. BAART in an amount not to exceed $4,548,000 to extend
the term of the agreement to June 30, 2013 for the provision of a Drug/Medi-Cal
methadone and Drug/Medi-Cal Perinatal methadone maintenance program,
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.
16.
Ratify
and approve the Memorandum of Understanding with the Porterville Developmental
Center and Tulare County Health & Human Services Agency (HHSA), Women,
Infant and Children Program for the continuance of the Dietetic Internship
Program for the recruitment and retention of Registered Clinical Dietitians,
retroactive to August 1, 2010 through July 31, 2011. Find that the Board had authority to enter
into the proposed Memorandum of Understanding as of August 1, 2010, and that it
was in the County's best interest to enter into the Memorandum of Understanding
on that date.
Information Technology
17.
Approve
the purchase from Bear Data Systems, Inc. for hardware and software maintenance
for infrastructure equipment, retroactive to July 1, 2010 through June 30,
2011. Find that the Board had the
authority to enter into the proposed purchase as of July 1, 2010, and that it
was in the County's best interest to enter into the purchase on that date.
18.
Approve
the Challenge Cost Share Agreement between the United States Forest Service,
Sequoia National Forest and Tulare County to provide for Tulare County
assisting in payment for repair and/or replacement of Solar Power components as
necessary at the Tobias Peak communications site.
19.
Ratify
and approve a fourth amendment to Agreement No. 18720 with ADP, Inc. for Total
Pay Service to address pay cards for employees without automatic deposit and
web access to earnings information, retroactive to July 1, 2010. Find that the Board had 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.
20.
Approve
the Memorandum of Understanding between the California Department of Motor
Vehicles (DMV) and Tulare County to provide connectivity to the State of
California DMV data for use by Tulare County departments for accessing records
to locate individuals owing monies that Tulare County is responsible for
collecting.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
IHSS PUBLIC AUTHORITY
In-Home Supportive Services Public Authority
21.
Delegate
authority to the County Risk Manager to act on behalf of the In Home Supportive
Services Public Authority with regard to official matters of California State
Association of Counties - Excess Insurance Authority.
ADJOURN AS THE TULARE
COUNTY IHSS PUBLIC AUTHORITY
AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
Probation
22.
Ratify
and approve an amendment to Agreement No. 21672 with Cutler-Orosi 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 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
23.
FOR
INFORMATION ONLY: Bid Opening results
for the Betty Drive/Avenue 312 Realignment and Improvement Project Phase 2A
from Road 68 to Road 80.
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Contractor
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TOTAL BASE BID
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Construction Development
Systems
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$3,448,216.00
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Emmett's Excavation, Inc.
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$3,474,567.50
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R.J. Berry Jr., Inc.
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$3,595,720.00
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Teichert & Son, Inc.
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$3,705,798.00
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Lee's Paving, Inc.
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$3,839,725.75
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Don Berry Construction,
Inc.
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$3,987,018.25
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American Paving Company
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$4,111,674.00
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Bush Engineering, Inc.
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$4,512,491.00
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Engineers Estimate
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$4,284,305.00
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24.
Approve
a waiver of the bid process to purchase approximately 137,000 cubic yards of
soil from the Tea Pot Dome Water District through Bob C. Nuckols of Nuckols
Farming for $4.60 per cubic yard delivered to the Teapot Dome Landfill. Direct the Purchasing Agent to issue a
purchase order for the soil.
25.
Approve
a relinquishment agreement between the State of California acting through the
Department of Transportation (Caltrans) and Tulare County for the
relinquishment of right of way to Tulare County on Avenue 408 east and west of
State Route 63 in the community of Cutler.
26.
Ratify
and approve the 2010/2011 Transit Agreement with the City of Tulare for the
City to provide transit service for citizens of local unincorporated areas in
the Tulare Service Area, 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. Authorize the Chairman to sign the Agreement.
27.
Authorize
submittal of an application to the Department of Housing and Community
Development (HCD), in response to the 2010 Notice of Funding Availability
(NOFA) issued on June 1, 2010, for an allocation of funds not to exceed
$800,000 of Home Investment Partnerships Program (HOME). These funds will be used to implement an
Owner-Occupied Housing Rehabilitation Program and a First-Time Homebuyer
Mortgage Assistance Program in all the unincorporated, rural census tract areas
of Tulare County. Adopt the HOME
Owner-Occupied Housing Rehabilitation Program Guidelines. Adopt the HOME First-Time Homebuyer Mortgage
Assistance Guidelines. Agree that if the
application for funding is approved, the County will use the HOME funds for
eligible activities in the manner presented in its application as approved by
HCD and in accordance with Title II of the Cranston-Gonzalez National
Affordable Housing Act of 1990, in federal implementing regulation set forth in
Title 24 of the Code of Federal Regulations, part 92 and the Title 25 of the
California Code of Regulations commencing with section 8200. Authorize the Chairman of the Board to
execute in the name of Tulare County, the application, the Standard Agreement,
any amendment thereto, and any and all other documents or instruments necessary
or required by HCD for participation in the HOME Program, subject to County Counsel
review and approval. Authorize and
direct the Resource Management Agency Assistant Director of Administration and
Community Development or the Community Development Manager to sign fund
requests and other required reporting forms.
Adopt the HOME Program Income Reuse Plan.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
28.
Authorize
the commitment of Tulare County Redevelopment Agency housing set-aside funds in
the amount of $50,000 to be provided by the Cutler-Orosi budget RO4-RO4-2000
($25,000) and the Goshen budget RM4-RM4-2000 ($25,000), as local leverage for
the 2010 Home Investment Partnerships Program (HOME) grant application which,
if funded, would rehabilitate approximately three (3) substandard residences of
income-eligible households and assist four (4) income-eligible families with
first-time homebuyer mortgage assistance in the unincorporated rural census
tract areas of Tulare County. Find that
leveraging financial resources to achieve the greatest return possible for
these communities: (a) is consistent with the adopted Affordable Housing
Component and the Redevelopment Plans
for areas mentioned above; (b) implements the affected Redevelopment
Plans by assisting in the eradication of blight caused by vacant or empty lots,
and deteriorated and dilapidated housing units; and (c) is consistent with the
affected implementation plans adopted pursuant to Health and Safety Code
section 33490. Find that there is no
other reasonable available means of financing local match/leverage, and that
the County does not have available funding for this purpose.
29.
Approve
Amendment No. 8 to Tulare County Redevelopment Agency Agreement No. RA-121 with
Omni Means, Ltd. for construction management services for the Betty Drive
Avenue 312 Realignment and Improvement Project Phases 2A and 2B to increase
compensation by $2,589,574 taking the agreement from $1,538,529 to $3,823,909.
30.
Authorize
and approve the filing of the Final Parcel Map for Tentative Parcel Map No. PPM
08-073. Authorize the Chairman of the
Board of Directors to sign the Final Parcel Map on behalf of the Tulare County
Redevelopment Agency.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
Sheriff/Coroner
31.
Ratify
and approve an amendment to Agreement No. 23796 with the U.S. Department of
Justice, Annual Federal Equitable Sharing Agreement, 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 the authority to enter into the amendment as of July 1, 2010, and
that it was in the County's best interest to enter into the amendment on that
date.
32.
Ratify
and approve an amendment to Agreement No. 22690 with Cutler-Orosi Unified
School District for campus law enforcement services, 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 amendment
on that date.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
33.
Request
from the Board of Supervisors to designate the Visalia Arts Consortium as the
official arts council in Tulare County through April 30, 2011.
34.
Request
from the County Administrative Office to consider, modify as needed, and
approve responses to the Tulare County Grand Jury 2009/10 Final Report and
authorize the Chairman to sign the following reports: County Missing Opportunity to Collect
Revenue; Failure to Plan; Inmate Clothing; Medical and Medication Problems in
the Jails; "Pro Per" Inmates Propria Persona; Speed Traps in Tulare
County; Teviston Citizens Deserve Better; and Who is Protecting the Children in
Tulare County?
35.
Request
from Human Resources & Development, subject to successful ratification
elections underway between the date this had to be provided to the Board of
Supervisors' office for noticing requirements and today's Board meeting, to
approve the following attached Memoranda of Understanding between the County of
Tulare and: a) Government Lawyers
Association of Workers (GLAW); and b) The Professional Association of Tulare
County Physicians (PATCOP). Find that
the Board had 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. In the event
either or both associations do not successfully ratify the tentatively agreed
to memoranda, defer action on that (those) memoranda indefinitely.
36.
Request
from Human Resources & Development to accept and approve the Health Plan
Advisory Group to continue to offer the following plans with stated renewal
premium rate increases for 2011 Plan Year:
a) Blue Cross $0, $500, $1,000 deductible PPO Plans, and $2,500 High
Deductible Health through the shared-administration model provided by the San
Joaquin Valley Insurance Authority with a 12.8% renewal rate; and b) Kaiser
Permanente with an 8.2% renewal rate.
Approve the Wellness Plan for Tulare County that was authorized and
funded by the San Joaquin Valley Insurance Authority.
37.
Request
from the Auditor-Controller to approve the rate of taxation of the State and
County for Fiscal Year 2010/11 to be collected upon taxable property of the
County of Tulare, State of California, at the rate of $1 per $100 of assessed
valuation. Approve the tax rates be
levied and direct they be collected upon each $100 valuation of the taxable
property of the following: unitary and
operating non-unitary property of the County of Tulare, State of California, as
computed pursuant to the provision of law; and several school districts of said
County, for raising the necessary amount to pay the principal and interest on
the bonds and for special purpose of said school districts. Approve the Special District Tax Rates be
levied and direct they be collected upon each $100 valuation of the taxable
property of the various districts.
Approve and accept the Statement of the Valuation of the Property in
Tulare County as compiled by the County Auditor-Controller/Treasurer-Tax
Collector and filed with this Board.
38.
Presentation
given by the Health and Human Services Agency regarding the transition of
Clinic Services from Tulare County to Tulare Regional Medical Center in Lindsay
and Tulare.
39.
Presentation
given by the Resource Management Agency regarding changes and progress in the Planning
Branch.
40.
Request
from Resource Management Agency to receive recommendations of the Agricultural
Advisory Committee and Planning Commission.
Establish criteria for Public and Private Utility Structures located on
Agricultural Zoned Lands and lands under Williamson Act contracts.
(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
Establish
Findings of Compatibility for Solar and Wind Electrical Generation Facilities
located on Williamson Act Contracted Lands. Board of Supervisors Agenda Item
August 31, 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: 2637 W. Burrel, Visalia, CA
93291
Agency
Negotiator: Jean Rousseau, Robert Newby
Negotiating
Parties: Office of Education
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: 51345 Eshom Valley Drive, Badger,
CA 93603
Agency
Negotiator: Jean Rousseau, Robert Newby
Negotiating
Parties: Robert Kerber
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
E
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Brian Johnson v. County of Tulare
Workers'
Compensation Appeals Board Number: STK 162717
Next Item(s)
Sitting as...
ITEM
F
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Guadalupe Medrano vs. County of Tulare
Workers'
Compensation Appeals Board Number: VNO 0335420
Next Item(s)
Sitting as...
ITEM
G
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 # 10-236639
Next Item(s)
Sitting as...
ITEM
H
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
I
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...
