(Public Comment Period)
1.
Presentation
given by Health & Human Services Agency to proclaim the month of November
2010 as Adoption Awareness Month in Tulare County to raise awareness of children
in foster care waiting to find permanency and celebrating and honoring all
families who adopt.
2.
Presentation
from the Tulare County Waste Haulers Association regarding it's new Website
with emphasis on customer education and information.
3.
Presentation
from Service Learning Grant Recipients.
4.
Public
Comments.
5.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
6.
Request
from General Services/Property Management to authorize land previously declared
surplus to be offered for sale "as is". Authorize the receipt of sealed bids for the
purchase of said land for cash price not less than $184,500 by the office of
the Clerk of the Board of Supervisors, County Administration Building, 2800
Burrel, Visalia, CA 93291, until
November 9, 2010, at the hour of 9:30 a.m., at which time they will be publicly
opened, declared, and considered by this Board.
Receive oral bids from responsible persons for not less than 5% more
than the highest acceptable sealed bid immediately following the opening of
sealed bids. Receive and consider oral
bids for not less than the minimum sale price specified above if no sealed bid
is received. Accept the highest
conforming bid from a responsible person, or reject all bids and withdraw the land
from sale, with or without re-advertising for bids. Authorize the General Services Manager to
publish this Resolution for at least 21 days in the manner required by
Government Code Section 6063, pursuant to Government Code Section 25528. Authorize the General Services Manager to
post this Resolution in at least three public places in Tulare County at least
15 days before the date designated above for the opening bids, and, subject to
budgetary constraints, may purchase such other advertising as deemed necessary
to best publicize the sale.
7.
PUBLIC
HEARING: Request from the Agricultural Commissioner/Sealer to approve
the proposed fee schedule related to Device Registrations, effective January 1,
2011.
8.
PUBLIC
HEARING: Request from Health and Human
Services Agency to approve a $2.00 increase in birth certificate fees from
$17.00 to $19.00, to take effect December 1, 2010. Approve $1.80 of the $2.00 increase in fees
to be deposited into the Tulare County Children's Trust Fund, bringing the
current allocation from $4.50 to $6.30 per birth certificate. Authorize the Tulare County Assessor/Clerk
Recorder to implement the $2.00 increase and begin depositing the additional
fees into the Tulare County Children's Trust Fund effective December 1, 2010.
9.
PUBLIC
HEARING: Request from the Resource Management Agency to deny the
appeal filed by Michael and Karin Gee and uphold the Planning Commission's
certification of the Negative Declaration and conditional approval of Special
Use Permit No. PSP 04-071 to allow the assemblage of people for educational and
entertainment purposed, to include commercial and recreational uses, equestrian
events and blacksmithing classes on a ±5 acre portion of a ±722 acre site in
the PD-F-MC (Planned Development-Foothill Combining-Special Mobilehome), AF
(Foothill Agricultural) and RD (Resource Conservation) Zones located on the
east side of Balch Park Drive, approximately 1.5 miles north of State Route
190, northeast of Springville.
(Consent Calendar)
CONSENT CALENDAR (Number 10 through 36)
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
10.
Approve
an agreement with the California Department of Food and Agriculture in the
amount of $2,043 for the purpose of enforcement of the California Cotton Plowdown
Regulations, effective December 1, 2010 through March 31, 2011.
11.
Ratify
and approve an agreement with the California Department of Food and Agriculture
to provide a maximum of $26,419.00 in State subvention to offset costs of
enforcement of portions of the California Food and Agriculture Code pertaining
to high-risk shipments of plant material and bees, retroactive to July 1, 2010
through June 30, 2011. Find that the
Board had authority to enter into 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.
12.
Ratify
and approve an agreement with the California Department of Food and Agriculture
to provide a maximum of $27,658 in State subvention to offset costs of
enforcing of the California Nursery Stock Law, 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.
13.
Ratify
and approve an amendment to Cooperative Agreement No. 10-8500-0656-CA with the
United States Department of Agriculture for the Glassy-winged
Sharpshooter. The revision is to amend
the Work Plan and Detailed Financial Plan to add a Treatment Coordinator. The revision does not change the time period
or dollar value of the Agreement. Find
that the Board had authority to enter into the proposed agreement as revised as
of December 1, 2009, and that it was in the County's best interest to enter
into the agreement on that date.
14.
Introduce
and waive the first reading of an Ordinance amending Sections 6-05-9000,
6-05-9010, 6-05-9020, 6-05-9030, 6-05-9040, 6-05-9050, 6-05-9060, 6-05-9070,
6-05-9080, 6-05-9090, 6-05-9130 and 6-05-9140 of Article 9 of Chapter 5 of Part
6 of the Ordinance Code, pertaining to Weighing and Measuring Instruments. Direct the Clerk to publish and post a
summary of the Ordinance before the second reading as required by law.
Auditor-Controller/Registrar of Voters
15.
Establish
the 2010-2011 GANN Appropriations Limit for the County to be $2,774,234,240.
16.
Order
and consent to the consolidation of the regular Governing Board Members
Election for Allensworth Elementary School District with the Statewide General
Election.
17.
Order
and consent to the consolidation of the regular Board of Directors Election for
Visalia Memorial District with the Statewide General Election.
Board of Supervisors
18.
Ratify
the following Proclamations: Honoring
Peter Tork on the Occasion of the Tulare County Drug Court Graduation; Honoring
the Kaweah Post Office on its 100th Anniversary; and Honoring the Dinuba
Romeo's for Their Service.
19.
Appoint
Kurt Schmidt to the Sequoia Memorial District as Director, Seat 1, Veteran for
a short-term ending December 2, 2011.
County Administrative Office
20.
Ratify
actions taken by the County Administrative Officer during the month of October
2010 regarding Personnel/Payroll Changes and Good Works Funding Agreements.
Fire Department
21.
Ratify
and approve the Automatic Aid Agreement with the City of Reedley to render aid
to one another in fire and rescue emergencies when assistance is necessary,
retroactive to November 1, 2010 through June 30, 2011. Find that the Board had authority to enter
into the proposed agreement as of November 1, 2010, and that it was in the
County's best interest to enter into the agreement on that date.
General Services
22.
Approve
an agreement with ABM Janitorial for janitorial services in County facilities
that are located outside of the County seat for the period of December 1, 2010
to November 30, 2013. Find, in
accordance with Government Code Section 31000, that these outlying areas are
remote from available county employee resources and that the County's economic
interests are served by such a contract rather than by paying additional travel
and subsistence expenses to existing County employees.
23.
Publicly
consummate the purchase of real property described as 51345 Eshom Valley Dr.,
in the community of Badger, Assessor's parcel no. 007-170-010 for a price of
$285,000. Approve and Authorize the
Chairman of the Board to execute the Agreement of Purchase and Sale upon
submission and subject to County Counsel approval as to form. Direct the General Services Manager, or his
designee, to file a Notice of Exemption with the Clerk-Recorder. Authorize County Counsel to approve and
execute all additional documents to consummate the purchase the property.
Health & Human Services Agency
24.
Ratify
and approve the annual Certification Statements for California Children's
Services (CCS) and Child Health and Disability Prevention (CHDP) for Fiscal
Year 2010/2011, retroactive to July 1, 2010. Find that the Board had authority
to approve the annual Certification Statements as of July 1, 2010 and that it
was in the County's best interest to approve the statements on that date.
25.
Ratify
and approve an agreement with EMQ FamiliesFirst Inc. to provide Wraparound
services for families with multiple, complex needs, in an amount not to exceed
$732,700, retroactive to July 1, 2010 through February 28, 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
26.
Approve
an agreement with Avante Behavioral Health to provide an Employee Assistance
Program to Tulare County employees and their dependents for the period January
1, 2011 through December 31, 2012.
27.
Authorize
participation in the Early Retirement Reinsurance Program. Designate the Human Resources Director as the
Authorized Representative to sign and submit Annual Early Retirement
Reinsurance Program Applications and Claim Information.
Information Technology
28.
Approve
an agreement with the City of Fresno to utilize federal Homeland Security
Public Safety Interoperable Communication Grant funds to convert the current
radio system to a simulcast/voting receiver system. Accept the Homeland Security Public Safety
Interoperable Communication Grant Program funds pursuant to Grant No. 2007 GS
H7 0008 in the amount of $913,208.
Accept local Homeland Security funds of $153,964 when released by the
State. Find that the equipment need not
be purchased through competitive bidding pursuant to Tulare County Ordinance
Code Section 1-03-1305, because the equipment requested is already covered by
the contract pricing as listed by the Western States Contracting Alliance
Agreement 02702C or the Los Angeles master purchasing Agreement
MA-IS-43070. Approve fixed asset
purchases of radio simulcast/voting receiver related equipment in the amount of
$786,648. Approve the necessary budget
adjustments (4/5ths vote required).
Library
29.
Ratify
and approve an amendment to Agreement No. 24202 with the Lindsay Unified School
District, 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.
Resource Management Agency
30.
Accept
the work for the construction of the Richgrove Green Alleys project as complete
by Jezowski & Markel Contractors, Inc. of Orange, California. Authorize the Chairman to sign the Notice of
Completion. Direct the Clerk of the
Board to have the Notice of Completion recorded.
31.
Ratify
and approve an amendment to Agreement No. 24487 with the Corporation for Better
Housing, in order to avoid disencumbering of grant funds to increase the amount
of the agreement by $204,026, from $650,000 to $854,026, retroactive to July 8,
2010. Find that the Chairman of the
Board of Supervisors had authority to enter into the Amendment as of July 8,
2010, and it was in the County's best interest to enter into the agreement on
that date.
32.
Rescind
Resolution No. 2010-0165, Resolution of Necessity to acquire property by
eminent domain for the Road 108 reconstruction project, Kampen.
33.
Approve
the Program Supplement Agreement No. OH59 to Administering Agency State Master
Agreement No. 00120S with the State of California, Department of Transportation,
in the amount of $274,900 for the Pixley Safe Routes to School Project.
34.
Approve
the Measure R Program Supplement to Tulare County Transportation Cooperative
Agreement in the amount of $49,500 for the Pixley Safe Routes to School
Project, subject to the review and approval as to form by County Counsel.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
35.
Authorize
the commitment and expenditure of Tulare County Redevelopment Agency (TCRA)
funds from the Pixley Redevelopment Project Area in the amount of $27,200 as
local match for pedestrian improvements and related activities. Find that the infrastructure improvements are
of primary benefit to the Pixley Redevelopment Project Area and are in
compliance with the requirements of State of California Health and Safety Code,
Section 33445, paragraph (a) and (b).
Find that without the financial participation of the TCRA, no other
reasonable means of financing public infrastructure improvements are available
to the community because the County does not have available funding for
pedestrian improvements on the grounds that funds are currently reserved for
other projects and funds are limited by other public agencies due to inadequate
reserves, commitment of resources to other priority projects or limitations due
to governmental regulations.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
Sheriff/Coroner
36.
Ratify
and approve an agreement with the California Department of Boating and
Waterways to provide up to $80,000 to purchase a patrol boat, retroactive to
September 1, 2010. Find that the Board
had authority to enter into the proposed grant program on September 1, 2010,
and that it was in the best interests of the County to enter into the agreement
on this date. Approve the fixed asset
purchase of a patrol boat and trailer.
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
37.
Request
from Health and Human Services Agency to approve the request for additional
staff in response to increased administrative work and program caseloads.
Approve the necessary budget adjustments (4/5ths vote required). Approve the Mental Health Specialist Job
Specification and the Personnel Resolution to add 117 allocations and delete 1
allocation.
38.
Request
from Workforce Investment Board to approve the new organizational structure and
authorize the Human Resources and Development Department to process the
Personnel Resolutions containing adjustments to the Workforce Investment Board
of Tulare County (WIB) personnel allocation effective December 10, 2010. The adjustments include the deletion of 9
Workforce Development Specialist II, 1 Workforce Development Specialist I, 6
Office Assistant III, 1 Facility Attendant and the addition of 3 Workforce
Development Analyst, 1 Business Resources Specialist and 1 Administrative Aide,
effective November 9, 2010. Authorize
the Human Resources and Development Department to initiate the County's lay-off
process; meeting and conferring with the affected unions and where possible
provide alternate employment within the County service. Authorize the County Administrative Office
and Auditor's Office to make adjustments to the budget for the remainder of
Fiscal Year 2010/2011.
(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
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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
Michael
and Karen Gee's Appeal of Planning Commission Resolution No. 8519 certifying
the Negative Declaration and approving Special Use Permit No. PSP 04-071 (Gary
Adest and Barbara Brydolf) to allow an assemblage of people, northeast of
Springville. Board of Supervisors Agenda
Item and Public Hearing, November 9, 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 LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9 (b)(1)]
Number of
Potential Cases: 2
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description and Negotiating Parties: APN 087-070-016 - Forde-Beitler 3916,
Mineral King Investor LLC, and Les Jakofsky; APN 087-070-023 - Long's Stores;
APNs 087-070-015, 087-070-016, 087-070-020, 087-070-021, and 087-070-024 - DPI
Group, LLC
Agency
Negotiator: Jean Rousseau and Robert
Newby
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: Paul Frederick vs. County
of Tulare
Workers'
Compensation Appeals Board Number ADJ 7299215
Next Item(s)
Sitting as...
ITEM
F
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...