(Public Comment Period)
1.
Recognize
Tulare County Firefighters for decades of public service.
|
Supervisor Allen Ishida, District
One
|
|
Supervisor Pete Vander Poel,
District Two
|
|
Robert G. Ranney - 40 Years
|
|
John Gutierrez - 30 Years
|
|
Juan (Bob) Martinez - 32 Years
|
|
|
|
Jack Willingham - 28 Years
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Supervisor Steve Worthley,
District Four
|
|
Supervisor Mike Ennis, District
Five
|
|
Robert Barnes, Sr. - 38 Years
|
|
Randy Young - 32 Years
|
|
Frank D. Goulart - 36 Years
|
|
Michelle Ray - 29 Years
|
|
Alan Landon - 32 Years
|
|
Allen Ray - 26 Years
|
|
|
|
Pat Shrefler - 25 Years
|
|
|
|
Rodolfo Villalon - 25 Years
|
2.
Public
Comments.
3.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
4.
PUBLIC
HEARING: Request from the Resource Management
Agency to adopt, find, determine, declare and resolve as follows: a) The public
interest and necessity require the Project for Acquisition of Property by
Eminent Domain for the El Monte Way and Alta Avenue Intersection Widening
Project Pursuant to Code of Civil Procedure Section 1245.330; Kathleen L. Aceres; b) The Project is
planned and located in the manner that will be most compatible with the
greatest public good and the least private injury; c) The property described in Appendix A is
necessary for the Project; d) The use
for which the Subject Property is sought to be taken is a more necessary public
use than the use to which the property is appropriated (Code of Civil Procedure
1240.610); e) The offer required by
section 7267.2(a) of the Government Code, together with the accompanying
statement of and summary of the basis for the amount established as just
compensation, was made to the owner or owners of record and the offer and
accompanying statement and summary complied with the requirements of Government
Code section 7267.2(a); and f) County Counsel is authorized to file a legal
action against the property owner.
(2/3rds Vote Required)
5.
PUBLIC
HEARING: Request from the Resource Management
Agency to adopt, find, determine, declare and resolve as follows: a) The public
interest and necessity require the Project for Acquisition of Property by
Eminent Domain for the El Monte Way and Alta Avenue Intersection Widening
Project Pursuant to Code of Civil Procedure Section 1245.330; Rafael Alcala and Maria De Jesus Viveros;
b) The Project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury; c) The
property described in Appendix A is necessary for the Project; d) The offer
required by section 7267.2(a) of the Government Code, together with the
accompanying statement of and summary of the basis for the amount established
as just compensation, was made to the owner or owners of record and the offer
and accompanying statement and summary complied with the requirements of
Government Code section 7267.2(a); and e) County Counsel is authorized to file
a legal action against the property owner. (2/3rds Vote Required)
6.
PUBLIC
HEARING: Request from the Resource Management
Agency to adopt, find, determine, declare and resolves as follows: a) The
public interest and necessity require the Project for Acquisition of Property
by Eminent Domain for the El Monte Way and Alta Avenue Intersection Widening
Project Pursuant to Code of Civil Procedure Section 1245.330; John and Judy Cutts Living Trust utd 7/8/87;
b) The Project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury; c) The property described in Appendix A is
necessary for the Project; d) The offer required by section 7267.2(a) of the
Government Code, together with the accompanying statement of and summary of the
basis for the amount established as just compensation, was made to the owner or
owners of record and the offer and accompanying statement and summary complied
with the requirements of Government Code section 7267.2(a); and e) County
Counsel is authorized to file a legal action against the property owner.
(2/3rds Vote Required)
7.
PUBLIC
HEARING: Request from the Resource Management
Agency to adopt, find, determine, declare and resolve as follows: a) The public
interest and necessity require the Project for Acquisition of Property by
Eminent Domain for the El Monte Way and Alta Avenue Intersection Widening
Project Pursuant to Code of Civil Procedure Section 1245.330; John R. and Delores S. Garza; b) The
Project is planned and located in the manner that will be most compatible with
the greatest public good and the least private injury; c) The property
described in Appendix A is necessary for the Project; d) The offer required by
section 7267.2(a) of the Government Code, together with the accompanying
statement of and summary of the basis for the amount established as just
compensation, was made to the owner or owners of record and the offer and
accompanying statement and summary complied with the requirements of Government
Code section 7267.2(a); and e) County Counsel is authorized to file a legal
action against the property owner.
(2/3rds Vote Required)
8.
PUBLIC
HEARING: Request from the Resource Management
Agency to adopt, find, determine, declare and resolve as follows: a) The public
interest and necessity require the Project for Acquisition of Property by
Eminent Domain for the El Monte Way and Alta Avenue Intersection Widening
Project Pursuant to Code of Civil Procedure Section 1245.330; Fe B. Torio; b) The Project is planned
and located in the manner that will be most compatible with the greatest public
good and the least private injury; c) The property described in Appendix A is
necessary for the Project; d) The offer required by section 7267.2(a) of the
Government Code, together with the accompanying statement of and summary of the
basis for the amount established as just compensation, was made to the owner or
owners of record and the offer and accompanying statement and summary complied
with the requirements of Government Code section 7267.2(a); and e) County
Counsel is authorized to file a legal action against the property owner.
(2/3rds Vote Required)
9.
PUBLIC
HEARING: Request from the Resource Management
Agency to adopt, find, determine, declare and resolve as follows: a) The public
interest and necessity require the Project for Acquisition of Property by
Eminent Domain for the El Monte Way and Alta Avenue Intersection Widening
Project Pursuant to Code of Civil Procedure Section 1245.330; Waltrust Properties, Inc.; b) The
Project is planned and located in the manner that will be most compatible with
the greatest public good and the least private injury; c) The property
described in Appendix A is necessary for the Project; d) The offer required by
section 7267.2(a) of the Government Code, together with the accompanying
statement of and summary of the basis for the amount established as just
compensation, was made to the owner or owners of record and the offer and
accompanying statement and summary complied with the requirements of Government
Code section 7267.2(a); and e) County Counsel is authorized to file a legal
action against the property owner.
(2/3rds Vote Required)
10.
PUBLIC
HEARING: Request from the Resource Management
Agency to adopt, find, determine, declare and resolve as follows: a) The public
interest and necessity require the Project for Acquisition of Property by
Eminent Domain for the El Monte Way and Alta Avenue Intersection Widening
Project Pursuant to Code of Civil Procedure Section 1245.330; WJD, LP, a California Limited Partnership;
b) The Project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury; c) The
property described in Appendix A is necessary for the Project; d) The offer
required by section 7267.2(a) of the Government Code, together with the
accompanying statement of and summary of the basis for the amount established
as just compensation, was made to the owner or owners of record and the offer
and accompanying statement and summary complied with the requirements of
Government Code section 7267.2(a); and e) County Counsel is authorized to file
a legal action against the property owner.
(2/3rds Vote Required)
(Consent Calendar)
CONSENT CALENDAR (Number 11 through 35)
|
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.
|
Auditor-Controller/Registrar of Voters
11.
Approve
an assignment of Agreement No. 22570 with Sequoia Voting Systems, Inc. to
Dominion Voting Systems, Inc.
Board of Supervisors
12.
Appoint
the following individuals to the Emergency Medical Care Committee to serve at
the pleasure of the Board: Shay Moore,
Base Hospital, Sierra View, Primary Representative, Seat #15; and Trent Fiori,
Ambulance Provider Agency, Imperial Ambulance, Primary Member, Seat #6.
13.
Appoint
Cheryl L. Duerksen, Ph.D to the First 5 Tulare County Commission as a Health
& Human Services member to serve at the pleasure of the Board.
County Counsel
14.
Approve
the Training Program for special districts and independent agencies on the
topic of basic functions and duties of local agencies.
County Administrative Office
15.
Authorize
the Auditor-Controller to advance pay the Tulare County Employees Retirement
Association (TCERA) $17,032,487 of the County's remaining annual retirement
contribution, representing an advance payment discount rate of 3.875%, on
October 1, 2010. Authorize the
Auditor-Controller to make any necessary adjustments to the advance pay
retirement contribution to ensure that TCERA receives the entire County annual
retirement contribution for Fiscal Year 2010/2011, minus the discount amount
and all previous payroll payments to date.
District Attorney
16.
Authorize
acceptance of continued grant funding from the California Emergency Management
Agency for the Special Emphasis Victim Assistance Program in the amount of
$27,501 with a County match of $6,875 for Fiscal Year 2010/2011. Ratify and approve the Chairman's signature
on the Grant Award Amendment to the Grant Award Agreement, retroactive to July
1, 2010 through September 30, 2010. Find
that the Board had authority to enter into the amended Grant Award Agreement as
of July 1, 2010, and that it was in the County's best interest to enter into
the agreement on that date.
17.
Ratify
and approve the submission of an application for grant funding from the
California Emergency Management Agency for the Underserved Victim Advocacy and
Outreach Program in the amount of $125,000, with a $31,250 match, for the
period of October 1, 2010 through September 30, 2011. Ratify and approve the Chairman's signature
on the Grant Award Face Sheet Agreement and the Certification of Assurance of
Compliance. Find that the Board had
authority to submit the application for grant funds on August 30, 2010, and
that it was in the County's best interest to submit the application as of that
date.
Health & Human Services Agency
18.
Reaffirm
declaration of state of emergency in the Tulare County Drought Resolution No.
2008-0472 adopted June 24, 2008.
19.
Ratify
and approve an agreement with Tulare Youth Services Bureau, Inc. for the
provision of mental health services to Tulare County adolescents and children,
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.
20.
Ratify
and approve an amendment to Agreement No. 23196 with Global Drug Testing
Services in an amount not to exceed $311,541 for the provision of drug testing
services on an interim basis, retroactive to July 1, 2010 through June 30,
2013. 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.
21.
Ratify
and approve an amendment to Agreement No. 23277 with Kings View Corporations,
Inc. dba Kings View Substance Abuse Program, Tulare County, Inc. in an amount
not to exceed $1,323,000 for the provision of a methadone maintenance program,
retroactive to July 1, 2010 through June 30, 2013. 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.
22.
Approve
an amendment to Agreement No. 23923 with Proteus, Inc. in the amount of
$633,950 to provide comprehensive job services to clients of TulareWORKs from
October 1, 2010 through September 30, 2011.
23.
Approve
an amendment to Agreement No. 23924 with See and Company in the amount of
$371,452 to provide comprehensive job services to clients of TulareWORKs from
October 1, 2010 through September 30, 2011.
24.
Approve
an amendment to Agreement No. 23972 with Community Services and Employment
Training, Inc. in the amount of $1,351,274 to provide comprehensive job
services to clients of TulareWORKs from October 1, 2010 through June 30, 2011. Approve an advance payment to Community
Services and Employment Training in the amount of $112,606. Authorize the Tulare County Auditor to
advance payment in the amount of $112,606 to Community Services and Employment Training,
Inc.
Resource Management Agency
25.
Waive
the second reading and adopt an Ordinance amending Chapter 1 of Part III of the
Tulare County Ordinance Code pertaining to speed limits. Direct the Clerk of the Board to publish a
summary and post a certified copy of the proposed Ordinance within fifteen (15)
days prior to adoption in accordance with Government Code Section 25124(b)(1).
26.
Approve
an agreement with the Lindsay-Strathmore Irrigation District and Strathmore
Public Utility District for the transfer and conveyance of water. Authorize the Resource Management Agency and
Dennis R. Keller to take necessary actions to comply with the provisions of the
Agreement.
27.
Approve
an agreement with the City of Lindsay and Frasinetto Farms, LLC, for the
transfer and conveyance of water.
Authorize the Resource Management Agency and Dennis R. Keller to take
necessary actions to comply with the provisions of the Agreement.
28.
Approve
the Measure R Program Supplement to Cooperative Agreement for the Construction
of a traffic signal at Avenue 280 and Road 156 in the amount of $48,000. Authorize the Chairman of the Board of
Supervisors to sign the Program Supplement.
29.
Approve
an agreement with Aries Consultants LTD. in the amount of $239,904 for planning
and engineering services to update the Tulare County Comprehensive Airport Land
Use Plan.
30.
Authorize
the filing of a Notice of Partial Non-renewal for nine (9) Land Conservation
Contracts as provided in the Williamson Act. These requests fulfill conditions
resulting from parcel maps and lot line adjustments. Approve the execution of amendments to the
Land Conservation Contracts as a condition of approval for partial nonrenewal
for the following:
PNR 10-001 - Williamson
Act Contract No.5839, Ag Preserve No. 2057, southeast of Dinuba (Davidian)
(1.05 acres from 36.99 non-renewed as a condition of PPM 09-041) (40.00 acres
in three parcels subject to contract amendment)
PNR 10-002 - Williamson Act Contract No. 5135, Ag Preserve
No. 2092, east of Lindsay (Perry) (0.83 acres from 39.80 non-renewed as a
condition of PPM 09-027) (39.80 acres in one parcel subject to contract
amendment)
PNR 10-004 -
Williamson Act Contract No. 3265, Ag Preserve No. 531, south of Tulare (Dutto and Cleek)
(2.02 acres from 38.03 non-renewed as a condition of PPM 09-037) (39.09 acres
in two parcels subject to contract amendment)
PNR 10-006 -
Williamson Act Contract No. 8776, Ag Preserve No. 436, East
Orosi (Norton) (1.03 acres from 19.34 non-renewed as a condition
of PPM 09-013) (19.34 acres in one parcel subject to contract amendment)
PNR 10-007 -
Williamson Act Contract No. 3171, Ag Preserve No. 595, east of Visalia (Hart) (1.46 acres
from 37.93 non-renewed as a condition of PPM 09-048) (37.93 acres in one parcel
subject to contract amendment)
PNR 10-008 -
Williamson Act Contract No. 5080, Ag Preserve No. 1643, south of Exeter (Griggs) (1.49
acres from 19.15 non-renewed as a condition of PPM 10-008) (19.15 acres in one
parcel subject to contract amendment)
PNR 10-010 -
Williamson Act Contract No. 4689, Ag Preserve No. 1667, southeast of Dinuba
(Jiggerian) (1.05 acres from 40.00 non-renewed as a condition of PPM 09-040)
(40.00 acres in one parcel subject to contract amendment)
PNR 10-012 -
Williamson Act Contract No. 4458, Ag Preserve No. 1278, southeast of Dinuba
(Pauley) (1.12 acres from 40.28 non-renewed as a condition of PPM 10-005)
(40.28 acres in one parcel subject to contract amendment)
PNR 10-014 -
Williamson Act Contract No.19930, Ag Preserve No. 4381, east of Farmersville
(Rose) (1.32 acres from 82.00 non-renewed as a condition of PPM 10-002) (82.00
acres in one parcel subject to contract amendment)
31.
Authorize
submittal of a 2010/2011 CAL FIRE Urban Forestry and Urban Greening Grant
application for $100,000 in response to the Request for Proposals issued by the
Governor of the State of California in cooperation with the California State
Legislature who have enacted Propositions 40 and 84, which provide funds to the
State of California and its political subdivisions for urban forestry programs,
for implementation of a Green Trees for the Golden State Grant Program, in the
disadvantaged County Redevelopment Project Areas. Certify that County will have sufficient
funds to operate and maintain the project.
Certify that funds under the jurisdiction of the Tulare County Board of
Supervisors are available to begin the project.
Certify that all grant funds will be expended prior to March 30,
2013. Certify that if the application
for funding is approved, County will use the funds for eligible activities in
the manner presented in the application as approved by the State of California
and in accordance with Proposition 40 and 84, which provide funds to the State
of California and its political subdivisions for urban forestry programs. Authorize the Chairman of the Board to
execute and submit all documents in the name of the County, including, but not
limited to applications, agreements, and amendments there to, and all other
documents required by the State for participation in the Urban Forestry Grant,
subject to County Counsel review and approval.
Authorize and direct the Resource Management Agency Assistant Director
of Administration and Community Development or Manager of the Community
Development Division to conduct all negotiations, sign funds requests and other
required reporting forms which may be necessary for the completion of the Urban
Forestry Grant.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
32.
Authorize
the commitment of Tulare County Redevelopment Agency funds in the amount of
$32,000 from the following Redevelopment Project Areas: Cutler-Orosi ($8,000), Goshen ($8,000),
Pixley ($8,000), and Traver ($8,000), as match for the 2010/2011 CAL FIRE Urban
Forestry and Urban Greening, Green Trees for the Golden State Grant Program. Find that the improvement of land for public
use, financing, administration and construction within the Redevelopment
Project Area, is of primary benefit to the Cutler/Orosi, Goshen, Pixley and
Traver project areas and is consistent with the Project Area's Implementation
Plans adopted pursuant to State of California Health and Safety Code Section
33490 and is in compliance with the requirements of Health and Safety Code,
Section 33445, paragraph (a) and (b).
Find that without the financial participation of the Tulare County
Redevelopment Agency, there are no other reasonable available means of
financing grant match and that the County does not have available funding for
this purpose.
33.
Approve
the Plans, Special Provisions, Proposal and Contract for construction of the
Betty Drive/Avenue 312 Realignment and Improvement Project Phase 2B, subject to
review and approval as to form by County Counsel. Approve the advertisement of the Betty
Drive/Avenue 312 Realignment and Improvement Project Phase 2B. Set the bid opening date for Wednesday,
November 3, 2010 at 2:00 p.m.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
Sheriff/Coroner
34.
Approve
the Memorandum of Understanding between the Sheriff's Department and the Bureau
of Land Management (BLM), California State Office, for law enforcement
activities by BLM law enforcement officers, effective from the date of
execution and shall remain in effect for five years.
Workforce Investment Board
35.
Appoint
William DeLain as Chair to the Workforce Investment Board of Tulare County
Board of Directors for a term ending November 15, 2011.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
36.
Request
from County Administrative Office to adopt the Tulare County Tourism Strategic
Plan and receive a presentation on Tourism Development Activities.
(Closed Session)
|
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
|
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: 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
B
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
[Government
Code Section 54956.9 (c)]
Number of
Potential Cases: 7
Next Item(s)
Sitting as...
ITEM
C
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, Eastern District of California
Case Number 1:08-CV-00857-LJO-SMS
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: Gregory Hernandez, deceased v. County of Tulare
Workers'
Compensation Appeals Board Number: ADJ 7198839
Next Item(s)
Sitting as...
ITEM
E
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: Paul Frederick vs. County of Tulare
Workers'
Compensation Appeals Board Number: ADJ 7299215
Next Item(s)
Sitting as...
ITEM
F
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: Cheryl Black vs. County of Tulare
Workers'
Compensation Appeals Board Number: ADJ-4032859
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9 (b)(1)]
Number of
Potential Cases:
Next Item(s)
Sitting as...
ITEM
H
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
I
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
[Government
Code Section 54956.9 (c)]
Number of
Potential Cases: 2
Next Item(s)
Sitting as...
ITEM
J
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
K
CONSIDER THE
DISCIPLINE, DISMISSAL OR RELEASE OF A PUBLIC EMPLOYEE:
Details
Public
Employee Discipline/Dismissal/Release pursuant to Government Code Section
54957, et seq.
Next Item(s)
Sitting as...
ITEM
L
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...
