(Public Comment Period)
1.
Presentation
from Citrus High School regarding their Service Learning grant project.
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 continue the
Public Hearing to February 15, 2011 for appeal of Planning Commission
Resolution No.'s 8475, 8476 and 8477 for SA Recycling's Special Use Permit No.
PSP 09-005 and Zone Variance No. PZV 08-030 for a solid waste recycling
operation (scrap metal) located on the south side of Avenue 232 at Cross
Avenue, approximately 2,000 feet west of Road 92 to February 15, 2011, in order
to allow private consultant adequate time to complete environmental document,
circulate through State Clearinghouse and respond to comments.
5.
PUBLIC
HEARING: Request from the Resource Management Agency to consider the
Initial Study and Mitigated Negative Declaration for the Mountain Road M319
Bridge replacement project. Direct staff to continue to receive comments on the
Mitigated Negative Declaration until the close of the comment period on
December 10, 2010. Direct staff to return to the Board of Supervisors to adopt
the Mitigated Negative Declaration, the Mitigation Monitoring Plan and approve
the project.
6.
PUBLIC
HEARING: Request from the Resource Management Agency to consider the
proposed Cost Recovery Fees for Business License Review and Clearance
pertaining to Adult Oriented Businesses and Medical Marijuana
Collectives/Cooperatives by the Resource Management Agency (RMA), Fire
Department and the Sheriff's Department.
Adopt the recommended $500 Deposit and $100 per hour rate thereafter for
the Resource Management Agency for Business License application reviews
pertaining to Adult Oriented Businesses and Medical Marijuana
Collectives/Cooperatives and authorize the Tax Collector to implement the cost
recovery fee after adoption. Adopt the
recommended $500 Deposit and $95 per hour rate thereafter for the Sheriff's
Department for Business License application reviews pertaining to Adult
Oriented Businesses and Medical Marijuana Collectives/Cooperatives and
authorize the Tax Collector to implement the cost recovery fee after adoption. Adopt the recommended $114 flat fee for the
Fire Department for Business License application reviews pertaining to Adult
Oriented Businesses and Medical Marijuana Collectives/Cooperatives and
authorize the Tax Collector to implement the cost recovery fee after adoption. Certify that the proposed fees will be
adopted in accordance with Health and Safety Code Section 17951 and Government
Code Sections 54986, 66014, 66016, effective December 8, 2010.
7.
PUBLIC
HEARING: Request from the Resource Management Agency to authorize the
second amendment to Community Development Block Grant Standard Agreement No.
07-EDEF-3721 to extend the date of grant termination by six months to June 30,
2011 and to reallocate funds from Business Assistance to Microenterprise in the
following amounts: Decrease: Business Assistance ($35,000); and Business
Assistance Activity Delivery ($2,670); Increase: Microenterprise ($35,000); and
Microenterprise Activity Delivery ($2,670).
Authorize the Chairman of the Board to act on behalf of the County, to
execute in the name of the County of Tulare, the Standard Agreement Amendment with the
State of California and any subsequent
amendments thereto, subject to County
Counsel review and
approval.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
8.
PUBLIC
HEARING: Request
from the Resource Management Agency to receive comments from all interested
parties for the Mid-term Review 2008-2012 Implementation Plans for the
Redevelopment Project Areas of Ivanhoe, Pixley and Poplar-Cotton Center and the
updated 2010-2014 Implementation Plans for Cutler-Orosi, Earlimart, Goshen,
Richgrove and Traver Redevelopment Project Areas. Review and adopt the Mid-term Review
2008-2012 Implementation Plans for the Ivanhoe, Pixley and Poplar-Cotton Center
Redevelopment Project Areas and the updated 2010-2014 Implementation Plans for
Cutler-Orosi, Earlimart, Goshen, Richgrove and Traver Redevelopment Project
Areas.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
(Consent Calendar)
CONSENT CALENDAR (Number 9 through 26)
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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
9.
Ratify
and approve an agreement with the California Department of Food and Agriculture
to provide a maximum of $54,486 in State subvention to offset costs of
enforcing Federal Domestic Quarantine 7 CFR 301.92, 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, 2009,
and that it was in the County's best interest to enter into the agreement on
that date.
Auditor-Controller/Registrar of Voters
10.
Review
and accept the Certified Statement of Vote for the November 2, 2010 General
Election as submitted by the Registrar of Voters for those Offices/Measures for
which the Board of Supervisors is the Governing Body.
Board of Supervisors
11.
Reappoint
Gary Reed to the Tulare County Employees' Retirement Board, as Member 5, for a
term ending December 31, 2013.
12.
Reappoint
Charlie Pitigliano, Audrey Dooley and Robert Clark to the Tulare County
Mosquito Abatement District as Trustees for terms ending December 31, 2012.
13.
Ratify
the following proclamations: Honoring
Tanner Christensen for earning his Eagle Scout Award; Honoring Dawn Allen upon
her retirement from the Porterville Police Department; Honoring Rick Cooksey
upon his retirement from the Porterville Police Department; Honoring Mike Blain
upon his retirement from the Porterville Police Department.
14.
Cancel
the Board of Supervisors regular meeting on January 4, 2011.
County Administrative Office
15.
Accept
the History of Farm Labor and Agriculture Museum Elevator Project as a
completed project. Authorize the
Chairman to sign the Notice of Completion for the subject project. Direct the Clerk of the Board to record the
Notice of Completion for the subject project with the office of the Tulare
County Recorder.
District Attorney
16.
Ratify
and approve the Grant Award Agreement for the acceptance of grant funding from
the California Emergency Management Agency for the Victim Witness Assistance
Program, in the amount of $281,244, retroactive to July 1, 2010 through June
30, 2011. Ratify the Chairman of the
Board's signature on the Grant Award Fact Sheet and all other grant application
documents necessary to secure grant funds, retroactive to July 1, 2010. 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.
General Services
17.
Delegate
authority to the General Services Manager to exercise options to extend a lease
term when the rent does not exceed $7,500 per month and the term does not
exceed three years pursuant to Government Code Section 25350.51 under the
following conditions: a) There is no
other change to the terms of the lease.
The only change is the length of the lease as stated in the option; b)
The County Department Head who is occupying the property must advise the
General Services Manager in writing of a continuing need to stay in the current
location for the length of the option; c) Property Management Staff must
prepare the notice exercising the option as required by the lease; and d)
County Counsel must review the lease and approve Items B and C.
18.
Ratify
and approve the Lease Agreement with Cutler-Orosi Joint Unified School District
for office space located at 40802 Road 128, in the community of Orosi with the
term commencing December 1, 2010 and expiring eight (8) years thereafter on
November 30, 2018. Find that the Board
had authority to enter into the proposed agreement as of December 1, 2010, and
that it is in the County's best interest to enter into the agreement as of that
date.
Resource Management Agency
19.
Approve
an amendment to Agreement No. 24127 with the California Department of
Transportation for a time extension to purchase five (5) compressed natural gas
transit buses.
20.
Approve
an amendment to Agreement No. 24305 with the California Department of
Transportation for a time extension to purchase a compressed natural gas (CNG)
transit bus.
21.
Introduce
and waive the first reading of an ordinance amending Section 7-25-1085 and
adding Section 7-25-1091 to Article 3 of Chapter 25 of Part VII of the
Ordinance Code of Tulare County, pertaining to the Exemption of Certain Basins
from County requirements for surface mining permits and reclamation plans.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
22.
Authorize
the conveyance of property from Tulare County Redevelopment Agency to the
Richgrove Elementary School District and the Richgrove Community Services
District as Joint Owners. Authorize the
Chairman of the Board of Directors to execute the Grant Deed conveying the
property from Tulare County Redevelopment Agency to the Richgrove Elementary
School District and the Richgrove Community Services District as Joint Owners.
23.
Approve
and award the contract for construction of the Betty Drive/Avenue 312
Realignment and Improvement Project Phase 2B to the lowest responsive and
responsible bidder, American Paving Company of Fresno, CA, in the amount of
$8,511,479. Authorize the Chairman to
sign the Contract after review and approval as to form by County Counsel and
upon receipt of the certificates of insurance, bonds and evidence that the
contractor possesses a valid State contractors license. Allow funds in the amount of $851,148 (10%)
to cover unexpected construction conditions.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
24.
FOR
INFORMATION ONLY: Bid Opening results
for the Hillman Avenue and Road 108 Widening Project.
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BIDDER
|
AMOUNT
|
|
Teichert
|
$11,217,910.20
|
|
R.J. Berry Construction
|
$11,718,493.72
|
|
American Paving
|
$12,333,847.20
|
|
Granite Construction Co.
|
$12,352,864.89
|
|
Emmett's Excavation, Inc.
|
$12,408,357.84
|
|
Lee's Paving
|
$12,548,859.94
|
|
W. Jaxon Baker
|
$12,565,896.24
|
|
|
|
|
Engineers Estimate
|
$13,366,339.15
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Retirement
25.
Adopt
the proposed "Statement of Independent Operations" as approved by the
Board of Retirement on November 17, 2010 affirming Tulare County Employees'
Retirement Association as a public pension trust fund that must comply with
applicable State, Federal and IRS regulations.
Sheriff/Coroner
26.
Ratify
and approve the Memorandum of Understanding to operate the Tulare County Rural
Program from October 1, 2010, through September 30, 2012. Find that the Board had authority to enter
into the proposed Memorandum of Understanding on October 1, 2010, and that it
was in the best interests of the County to enter into the agreement on that
date.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
27.
Approve
awarding $100,000 in funding from the Step Up Youth Activities Grant Program as
recommended by the Tulare County Youth Commission as follows: District 1 - Tulare-Kings Counties Youth for
Christ ($10,000) and Courage to Change ($10,000); District 2 - Grandma's House ($10,000) and
Tulare Athletic Boxing Club ($10,000); District 3 - Golden State YMCA
($10,000), Crossroads Community Church ($5,000) and Hands in the Community
($5,000); District 4 - Boys and Girls Clubs of Tulare County ($10,000) and AYSO
Region 129 ($10,000); and District 5 - Sequoia Council, Boy Scouts of America
($10,000) and Boys and Girls Clubs of the Sequoias ($10,000). Authorize the Chairman to sign grant
agreements, subject to review and approval as to form by County Counsel.
28.
Request
from Resource Management Agency to authorize submittal of a United States
Department of Agriculture - Rural Development (USDA-RD) pre-application for
$1,036,700 to finance improvements associated with the Seville Water System
Rehabilitation Project. Agree that if
the application for funding is approved, the County will use the funds for
eligible activities in the manner presented in the application as approved by
the USDA-RD. Authorize the Chairman of
the Board to execute in the name of the County of Tulare, the pre-application,
the following application, the Agreement, any amendments there to, and all
other documents required by USDA for participation in the USDA-RD Program,
subject to County Counsel review and approval.
Authorize and direct the Resource Management Agency Assistant Director
of Public Works to sign Funds Requests and other required reporting forms.
(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 - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: Escalera, Alfredo vs. County of Tulare, et al
United
States District Court Case Number 1:09-CV-02204-LJO-DLB
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. Strawberry Stand Corner, LLC,
et al
Tulare County Superior Court Case Number 10-236593
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. Sunrise Dairy, et al
Tulare County Superior Court Case Number 10-235863
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: County of Tulare
vs. Ruth A. Griffioen, et al
Tulare County Superior Court Case Number 10-235860
Next Item(s)
Sitting as...
ITEM
E
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: County of Tulare vs. Ruth A. Griffioen, et al
Tulare County Superior Court Case Number 10-235864
Next Item(s)
Sitting as...
ITEM
F
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
G
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
H
CONSIDER PUBLIC
EMPLOYEE PERFORMANCE EVALUATION FOR THE POSITION OF:
Details
County Counsel
[Government
Code Section 54957 (b)(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...
