MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX 

District Three

 

J. STEVEN WORTHLEY  Chairman - District Four

 

MIKE ENNIS

District Five

 

 

Board of Supervisors

 

Agenda

 

 

 

 

JEAN M. ROUSSEAU

County Administrator

 

KATHLEEN BALES-LANGE

County Counsel


MICHELLE BALDWIN

Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA  93291

(559) 636-5000

FAX (559) 733-6898


 

October 5, 2010

 

9:00 A.M. Board Convenes

 

PLEDGE OF ALLEGIANCE

Moment of Silence

 

 

 

NOTICE TO THE PUBLIC

PUBLIC COMMENT PERIOD

At this time, members of the public may comment on any item not appearing on the agenda.  Under state law, matters presented under this item cannot be discussed or acted upon by the Board at this time.  For items appearing on the agenda, the public is invited to make comments at the time the item comes up for Board consideration.  Any person addressing the Board will be limited to a maximum of three (3) minutes so that all interested parties have an opportunity to speak with a total of fifteen (15) minutes allotted for the Public Comment Period.  At all times, please use the microphone and state your name and address for the record.


(Public Comment Period)

 

1.                  Public Comments.

2.                  Board of Supervisors matters.


 (Consent Calendar)

CONSENT CALENDAR (Number 3 through 19)

 

 

NOTICE TO THE PUBLIC

Background information has been provided to the board on all matters listed under the Consent Agenda, and these items are considered to be routine by the Board.  All items under the Consent Agenda are normally approved by one motion.  If discussion is requested by any Board members on any item, that item will be removed from the Consent Agenda if separate action is required.

 

 

 

Agricultural Commissioner/Sealer

3.                  Ratify and approve an agreement with the California Department of Food and Agriculture, providing state subvention to offset costs for detection/suppression of Glassy-winged Sharpshooter, retroactive to July 1, 2010 through June 30, 2012.  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 Board Chairman to sign the agreement designating the Tulare County Agricultural Commissioner to be the local public entity to receive funds allocated by California Department of Food and Agriculture for local assistance in regard to Pierce's Disease and its vectors.  Authorize the Chairman to sign Form CCC-307 (Contractor Certification Clauses).

Board of Supervisors

4.                  Approve the Step Up Youth Activities Grant Agreements between the County of Tulare and the following non-profit organizations:  Boys and Girls Clubs of the Sequoias; Boys and Girls Clubs of Tulare County; CSET; Cutler-Orosi Community for Youth Foundation; Girl Scouts of Central California South; Grandma's House; Greater Tulare Recreation Foundation; Healthy Kids - Healthy Lindsay; IHC./Wildplaces; Porterville Education Foundation; Sequoia Council-Boy Scouts of America; Tulare-Kings Counties Youth for Christ; and Visalia Police Activities League and Young Lives.

5.                  Reappoint Jeffrey A. Nelson as District 2 Representative and Rex Clark as District 4 Representative to the Tulare County Fish & Game Commission for terms ending September 4, 2012.

6.                  Appoint Robert J. Owen to the Agricultural Advisory Committee as District 5 Representative for a term ending June 30, 2014.

7.                  Appoint Kevin Marks, District 3 Representative to the Deferred Compensation Committee with a term ending January 2, 2013 and Sophia Almanza, District 4 Representative with a term ending November 30, 2011.

8.                  Reappoint Walter Bricker as Member 2 to the Tulare County Flood Control District for a term ending September 1, 2014.

9.                  Appoint Jim McLeod, At-Large Member to the Tulare County Library Advisory Board for a term ending December 31, 2012.

County Administrative Office/Capital Projects/Facilities

10.             Approve a Memorandum of Understanding with the Cutler Public Utilities District for the installation and operation of a Library Materials Distribution Machine at a cost of $20,000.

General Services/Parks & Recreation Department

11.             Approve November 9, 2010 at 9:00 a.m., or as soon thereafter as it can be heard, as the date and time to receive public comment regarding the Board's intent to consummate the purchase of real property described as 51345 Eshom Valley Dr., in the community of Badger.  Instruct the General Services Manager, or his designee, to publish the Notice of Intent to Purchase Real property in the Valley Voice once a week for three consecutive weeks pursuant to Government Code 25350 and 6063.  Authorize the General Services Manager, or his designee, to sign escrow instruction and sign for approval of the preliminary title report.

Human Resources & Development

12.             Approve the designation of the following classifications by positions to Confidential-K Class: Administrative Aide-K, Staff Services Analyst II-K, Staff Services Analyst III-K, Recruiter Assistant-K, and Legal Office Assistant-K.  Approve and authorize the Personnel Resolution designating new confidential designations and reclassify current incumbents in Health and Human Services Agency, Resource Management Agency and Child Support Services.  Approve and authorize the Personnel Resolution for Office Assistant IV-K, Accountant II-K and Account III-K classifications (currently designated in the class listing), and approve current incumbents by position.

Resource Management Agency

13.             Introduce and waive the first reading of an Amendment to Ordinance No. 352, the Tulare County Zoning Ordinance, adding Section 16.V pertaining to Assemblage of People for Educational and/or Entertainment Purposes; Repealing special use entitled "Assemblage of People for Educational or Entertainment Purposes" from Subsection II.B of Section 16 of Ordinance No. 352; Repealing Ordinance No. 3383; Repealing Ordinance No. 3385.  Approve the Ordinance Amendment summary and direct the Clerk of the Board to publish such summary and to post a certified copy of the complete ordinance five (5) days prior to the Ordinance Amendment adoption date as required by Section 25124 et. seq.  Set the Public Hearing for October 19, 2010 at 9:30 a.m.

14.             Introduce and waive the first reading of an amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance for Change of Zone No. PZ 09-005 (Damaris Rodriguez and Rene Duenas, et al.), from AE-40 (Exclusive Agricultural - 40 acre minimum) to R-A-M-12.5 (Rural Residential - Special Mobilehome - 12,500 sq. ft. minimum) on 7 parcels comprising ±48 acres, located north of Avenue 24 and west of Road 84, south of the community of Allensworth.  Approve the Ordinance Amendment and direct the Clerk of the Board to publish such summary and to post a certified copy of the complete ordinance five (5) days prior to the Ordinance Amendment adoption date (October 19, 2010) as required by Section 25124 et. seq.  Set the Public Hearing for October 19, 2010 at 9:30 A.M.

15.             INFORMATION ONLY:  Bid Opening results for the Asphalt Concrete Overlay on Road 132 and Avenue 296.

Contractor

Amount

Flatiron West, Inc.

$1,865,729.70

Teichert Construction

$1,915,821.98

Glen Wells Construction Company, Inc.

$1,987,992.72

W. Jaxson Baker Inc.

$2,007,996.46

Bush Engineering, Inc.

$2,160,323.05

Lee's Paving, Inc.

$2,242,337.97

Granite Construction Company

$2,512,488.60

 

 

Engineers Estimate

 $  2,063,411.00

 

16.             INFORMATION ONLY:  Bid Opening results for the Asphalt Concrete Overlay on Road 152.

Contractor

Amount

Teichert Construction

$1,366,781.70

Lees Paving, Inc.

$1,386,588.01

Flatiron West, Inc.

$1,392,315.27

Emmett’s Excavation Corporation

$1,414,063.05

Granite Construction Company

$1,521,930.00

W. Jaxon Baker, Inc.

$1,538,267.25

Bush Engineering, Inc.

$1,565,497.40

 

 

Engineers Estimate

$1,389,998.15

 

Sheriff/Coroner

17.             Ratify and approve amendments to Operational Agreement Nos. 24426 (Lindsay Police Department), 24253 (Exeter Police Department), 24255 (Farmersville Police Department) for continued participation in the Tulare County Inter-Agency Narcotics Enforcement Team (I-NET) from July 1, 2010, and June 30, 2011, subject to funding by the California Emergency Management Agency.  Find that the Board had authority to enter into the proposed amendments as of July 1, 2010 and that it was in the County's best interest to enter into the amendments on that date.

18.             Ratify and approve an amendment to Agreement No. 23946 with the City of Exeter to provide emergency dispatch services during daytime business hours on weekdays 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 amendment on that date.

 

19.             Ratify and approve a Grant Award for $133,429 from the U.S. Department of Justice under Fiscal Year 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program, retroactive to October 1, 2009, through September 30, 2013.  Find that the Board had authority to enter into the Grant Award Agreement on October 1, 2009, and that it was in the best interests of the County to enter into the Agreement on that date.  Approve the necessary budget adjustments. (4/5ths vote required)

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

20.             Request from the Board of Supervisors to designate the Visalia Arts Consortium as the official Arts Council in Tulare County through April 30, 2011.

21.             Request from County Administrative Office to introduce, waive the first reading, waive the second reading, and adopt as an Urgency Ordinance under Government Code Section 25123 a proposed ordinance adding Chapter 13 to Part V of the Tulare County Ordinance Code, regarding registered sex offenders.  Direct staff to determine if other provisions should be added to the Ordinance Code regarding residency requirements for registered sex offenders, and to return with proposed amendments if appropriate.

22.             Accept a presentation by the Planning Branch of the Tulare County Resource Management Agency of the changes and progress made in the Permit Center.

(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 - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case:  Cardenas, Teresa vs. County of Tulare and Ronald Collins

Tulare County Superior Court Case Number 09-235695

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case:  Edwin Rivera vs. County of Tulare

Workers' Compensation Appeals Board Numbers: ADJ1856805, ADJ4168771, ADJ1106493, ADJ6670429, ADJ2412057, ADJ906663, ADJ6671174

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 - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Case Name:  Unspecified because of jeopardy to service of process or Settlement Negotiations

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (c)]

Number of Potential Cases: 3

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - PERSONNEL MATTER

Details

(Government Code Section 54957.6)

Consider Public Employee Performance Evaluation for the Position of:

County Administrative Officer

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...