(Public Comment Period)
1.
Presentation
given by Health and Human Services Agency to proclaim the week of October
24-30, 2010 as "Lead Poisoning Prevention Week in Tulare County."
2.
Presentation
given by Steve Hauswirth of San Joaquin Valley College to declare October 6-12,
2010 as "Physician Assistants Week in Tulare County."
3.
Public
Comments.
4.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
5.
PUBLIC
HEARING: Request from Resource Management Agency to approve the
Notice of Exemption for the proposed Ordinance and find that the proposed
Ordinance is exempt from the California Environmental Quality Act (CEQA). Direct the Clerk of the Board to file the
Notice of Exemption with the Tulare County Clerk in accordance with the Tulare
County Guideline for the implementation of CEQA. Adopt the Planning Commission recommendation
relating to an amendment to Ordinance 352, the Zoning Ordinance of Tulare
County, adding Section 16.V pertaining to Assemblage of People for Educational
and/or Entertainment Purposes; and Repeal special use entitled "Assemblage
of People for Educational or Entertainment Purposes" from Subsection II.B
of Section 16 of Ordinance No. 352; Repeal Ordinance No. 3383; Repeal Ordinance
No. 3385. Waive the final reading and
adopt an amendment to Ordinance No. 352 of the Tulare County Zoning
Ordinance. Direct the Clerk of the Board
of Supervisors to publish the Summary of the Ordinance amendment and to post a
certified copy of the full ordinance amending the Tulare County Zoning
Ordinance with the names of the Board of Supervisors voting for and against the
amendment, within fifteen (15) days as required by Section 25124 et. seq.
6.
PUBLIC
HEARING: Request from Resource Management Agency to Certify that it
has reviewed and considered the information contained in the Negative
Declaration for the proposed 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 is in compliance with the California
Environmental Quality Act and the State Guidelines for the Implementation of
the California Environmental Quality Act of 1970, prior to taking action on the
Change of Zone. Find there is not
substantial evidence that said Change of Zone will have a significant effect on
the environment and certify that the Negative Declaration 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 findings
for Certification of the Negative Declaration.
Adopt findings for approval of the Change of Zone. Waive the final
reading and adopt an amendment to Ordinance No. 352 of the Tulare County Zoning
Ordinance. Direct the Clerk of the Board
of Supervisors to publish the Ordinance Amendment and to post a certified copy
of the ordinance amending the Tulare County Zoning Ordinance with the names of
the Board of Supervisors voting for and against the amendment, within fifteen
(15) days as required by Section 25124 et. seq. and return the signed Notice of
Determination to the Resource Management Agency.
(Consent Calendar)
CONSENT CALENDAR (Number 7 through 23)
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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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Auditor/Controller
7.
Select
the percentage change in Tulare County's assessed valuation attributable to
non-residential new construction, which is 95.81%, as the cost-of-living factor
for the Gann Appropriations Limit calculation for the Fiscal Year 2010/2011.
Board of Supervisors
8.
Ratify
the following Proclamations: Honoring
the City of Farmersville on its 50th Anniversary; Honoring Brent Calvin as
Tulare County Office of Education's 2010 Administrator/Manager of the Year;
Honoring Pete Renteria as Tulare County Office of Education's 2010 School
Employee of the Year; and Honoring Katryn Gonzales as Tulare County Office of
Education's 2010 Teacher of the Year.
9.
Appoint
Elaine Gilden as Regular Member - District 3 to the Tulare County Library
Advisory Board for a term ending December 31, 2011.
10.
Reappoint
Stuart Morse to the Fish & Game Commission as District 3 Representative for
a term ending September 4, 2012.
11.
Appoint
John Davis to the Deferred Compensation Committee as District 3 Representative
for a term ending January 2, 2013.
County Administrative Office
12.
Ratify
actions taken by the County Administrative Officer during the month of
September 2010 regarding Personnel/Payroll Changes and Good Works Funding Agreements.
13.
Approve
the deletion of Administrative Regulations (ARs) as follows, which have been
incorporated in the County Personnel Rules in their entirety: AR 02 - Authorized County Drivers; AR 05 -
Extra Help Personnel; AR 07 - Outside Employment; AR 15 - Vacation Donation
Policy; AR 16 - Employee Performance Appraisals; AR 17 - Employee Grievance
Procedure; AR 18 - Appeal of Disciplinary Action; AR 19 - Discrimination/Sexual
Harassment Policy; AR 24 - Dress Code; and AR 27 - Veterans Preference. Approve the deletion of AR 28 (Use of County
Vehicles) which has been partially incorporated in AR 01 (Reimbursement of
Employee Expenses) and partially incorporated in the County Personnel Rules.
14.
Approve
Administrative Regulation (AR) 38 - Office Recycling Policy to establish
guidelines for the recycling of office waste paper.
15.
Authorize
the Chairman's signature on the Declaration of State's Interest in the Land and
Buildings of the Visalia Library Expansion and Renovation Project pursuant to
California Education Code Section 19999 and Title 5, Division 2, Chapter 3,
Section 20438(d) of the California Code of Regulations. Direct the County Property Manager to record
the Declaration of State's Interest for the subject project with the office of
the Tulare County Recorder.
Fire Department
16.
Approve
the Personnel Resolution regarding the following changes in the County Fire
Department effective December 19, 2010:
Delete one (1) vacant Deputy Fire Marshall position (5035); and Add one
(1) Fire Battalion Chief position.
General Services/Property Management
17.
Waive
the second reading and adopt the Ordinance adding Section 1-03-1410 to Article
7 of Chapter 3 of the Tulare County Ordinance Code pertaining to the Board's
authority to delegate the sale of real property or interest therein with an
estimated value that does not exceed $25,000. Direct the Clerk of the Board to
publish the Ordinance as required by law.
Information Technology
18.
Approve
purchase from Netsmart Technologies in the amount of $101,861.64 for hardware
and software maintenance for infrastructure equipment, effective January 1,
2011 through December 31, 2011.
Resource Management Agency
19.
Approve
and award the contract to the lowest responsive and responsible bidder, A.
Teichert and Son, Inc. dba Teichert Construction, of Fresno, California in the
amount of $1,366,785.70 for construction of the asphalt concrete overlay on
Road 152 from Avenue 96 to Avenue 112; Tagus overpass of State Route 99; Avenue
120 overpass of State Route 99; Avenue 48 overpass of State Route 99. 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 Contractors License. Allow
funds for a contingency in the amount of $136,679 (10%) to cover unexpected
construction conditions.
20.
Approve
and award the contract to the lowest responsive and responsible bidder,
Flatiron West, Inc. of Benicia, California in the amount of $1,865,729.70, for
construction of the asphalt concrete overlay on Road 132 from Avenue 358
(alignment) to Cottonwood Creek and on Avenue 296 from Road 148 to Road
168. 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 Contractors License.
Allow funds for a contingency in the amount of $186,573 (10%) to cover
unexpected construction conditions.
Sheriff/Coroner
21.
Approve
the Fixed Asset purchase of a Food Service Bowl Cutter in an amount not to
exceed $5,600. Approve the necessary
budget adjustments. (4/5ths vote
required)
22.
Approve
a Memorandum of Understanding (MOU) between the City of Visalia and the County
of Tulare to establish the Tulare County Consolidated Explosive Ordinance
Destruction Program, contingent upon approval of the MOU by the Visalia City
Council. The agreement will be effective the date of the last signature and
ongoing unless terminated for cause with one month's notice and without cause
with six months' notice.
23.
Ratify
and approve the operational agreement for the South Valley Marijuana
Suppression Program to prevent illegal marijuana cultivation and trafficking,
retroactive to July 1, 2010 through June 30, 2013, subject to funding by the
California Emergency Management Agency. Find that the Board had authority to
enter into the proposed grant program on July 1, 2010, and that it was in the
best interests of the County to enter into the agreement on this date. Approve the necessary budget adjustments from
the Sheriff's Department and the District Attorney's Office (4/5ths vote
required). Approve the Personnel
Resolution to increase the position allocation of the Sheriff's Department by
one (1) Investigator Aide, effective November 1, 2010.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
24.
Request
from County Administrative Office/Capital Projects to deny the bid protest from
Webb and Son. Waive the informality of
Gary Interrante's submission of its subcontractors. Award the contract for the New Motor Pool
Phase 2 Build Out Project to the lowest responsible bidder, Gary Interrante
Construction, P.O. Box 600, Three Rivers CA in the amount of $343,000. Authorize the Chairman to sign the construction
agreement upon receipt of certificates of insurance, bonds, license
verification and contract, subject to review and approval as to form by County
Counsel.
25.
Receive
a presentation from the County Administrative Office regarding a Progress
Update of General Services and Facilities.
Approve re-title of Senior Capital Projects Coordinator (8195) to Senior
Capital Projects/Facilities Coordinator, approve re-title of Capital Projects
Coordinator to Capital Project/Facilities Coordinator and approve the
reclassification of Senior Capital Projects/Facilities Coordinator (9079) to
Capital Projects/Facilities Coordinator.
Approve the deletion of two (2) vacant Maintenance Worker III positions
(0225, 7121) and the addition of two (2) Maintenance Worker II positions. Approve the deletion of one (1) vacant
Maintenance Plumber and the addition of one (1) Maintenance Electrician. Approve reclassification of Custodial
Supervisor (6904) to Custodial Services Manager and adopt new job specification
and compensation.
26.
Request
from County Administrative Office/Capital Projects to review, modify and
approve the Fiscal Year 2010/2011 Capital Improvement Plan. Amend Resolution No. 2009-0253 to eliminate
the Two Bay Station plan
development. Declare Fire Station
#17 Badger a project and initiate California Environmental Quality Act (CEQA)
review pursuant to the completion of property acquisition. Declare the demolition and construction of a
replacement facility located on the existing site for Fire Station #9 Alpaugh a
project and initiate CEQA review.
Authorize the establishment of project account line 030-086-3200-5147
for Fire Station #17 Badger in the amount of $425,000, and Fire Station #9
Alpaugh in the amount of $575,000.
Approve the necessary budget adjustments (4/5ths vote required). Direct the Auditor to make the necessary
changes to the budget.
(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: 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: County of Tulare vs. Robert Van Grouw et al
Tulare County Superior Court Case Number 09-234838
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: County of Tulare
vs. Ronald H. Vanderham et al
Tulare County Superior Court Case Number 10-235938
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 087-070-017
Agency
Negotiator: Jean Rousseau and Robert
Newby
Negotiating
Parties: King Mineral LLC
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: Cardenas, Teresa vs. County of
Tulare et al
Tulare County Superior Court Case Number 09-235695
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: 1
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: Cardenas, Teresa v. County of
Tulare et al
Tulare County Superior Court Case Number 09-235695
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...
