(Public Comment Period)
1.
Recognize
Greg Hardcastle, Assessor/Clerk-Recorder upon his retirement for his 24 years
of County service.
2.
Recognize
Josephine Carrillo of Health & Human Services Agency upon her retirement
for 28 years of County service.
3.
Presentation
given by County Counsel regarding Government 102 presented December 1, 2010 and
recognition of contributing employees.
4.
Public
Comments.
5.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
6.
PUBLIC
HEARING: Request from the Resource Management
Agency to consider aggregating the number of housing units produced to meet the
Tulare County Redevelopment Agency's Inclusionary Housing Requirement. Find that the Statement of Facts is accurate
and has served as the basis for the findings and approvals set forth. Find that the aggregation of new and
substantially rehabilitated dwelling units produced within the Project Areas
for the purpose of meeting the Agency's Inclusionary Housing Requirement will
not cause or exacerbate racial, ethnic or economic segregation. Approve the aggregation of new and
substantially rehabilitated dwelling units produced within the Project Areas
for the purpose of meeting the Agency's Inclusionary Housing Requirement
pursuant to Section 33413(b)(2)(A)(v) of the Health and Safety Code.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
CONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
(Consent Calendar)
CONSENT CALENDAR (Number 7 through 27)
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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.
Ratify
and approve an agreement with Teviston Community Service District to receive
bookkeeping and accounting services at a cost to them of $462 per quarter,
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.
Board of Supervisors
8.
Extend
the Visalia Arts Consortium's designation as the official Arts Council of
Tulare County through September 30, 2011.
9.
Certify
results of the General Election of the Third (General) Member of the Tulare
County Employees Retirement Board for a three (3) year term commencing on
January 3, 2011 as follows: Gail Henry,
561 votes and Mark Araiza, 238 votes.
Certify results of the General Election of the Eighth (Retiree) Member
of the Tulare County Employees Retirement Board for a three (3) year term
commencing on January 3, 2011 as follows:
Patrricia Crawford, 298 votes; Vernon McDonald, 184 votes; and Edward R.
Ray, 96 votes. 3. Direct the Clerk of the Board to cast a unanimous ballot in
favor of Shirley Van Wormer as the Alternate Retired Member of the Tulare
County Employees Retirement Board for a three (3) year term commencing on
January 3, 2011 since she was the only Alternate Retired Member that was duly
nominated for that position.
10.
Approve
the List of Appointive Offices on Regulatory Commissions and Advisory Boards,
Commissions and Committees for vacancies on Boards and Commissions and Special
Districts occurring in 2011 for compliance with the Maddy Act. Authorize posting.
11.
Reappoint
Jeff B. Ritchie, Division 3 and Mark C. Watte, Division 6 to the Kaweah Delta
Water Conservation District for terms ending March 1, 2015.
12.
Reappoint
Diana Pearcy, Unincorporated Cities Representative to the Ambulance Independent
Compliance Committee for a term ending December 31, 2012.
13.
Appoint
Ronald Allan, Consumer - Seat 4 to the In-Home Supportive Services Advisory
Committee for a term ending June 30, 2011.
County Administrative Office
14.
Ratify
actions taken by the County Administrative Officer during the month of November
2010 regarding Personnel/Payroll Changes and Good Works Funding Agreements.
15.
Authorize
the County to piggyback on General Services Administration (GSA) Contract No.
GS-07F-0248K with the Trane Company for the purchase and installation of two
(2) 300 Ton Centrifugal Chillers for the Bob Wiley Detention Facility pursuant
to County Ordinance Code 1-03-1305 Section G.
Approve an agreement with the Trane Company to purchase and install the
two (2) 300 Ton Centrifugal Chillers in the amount of $499,123.07 for the Bob
Wiley Detention Facility, subject to review and approval as to form by County
Counsel.
16.
Approve
an amendment to Agreement No. 24753 with Fleet Services Facility Phase 2 Build
Out Project in the amount of $85,628 to provide additional exterior concrete
flat work, subject to review and approval as to form by County Counsel.
Fire Department
17.
Introduce
and waive the first reading of the Tulare County Ordinance Code to adopt the
2010 California Building Code, 2010 California Fire Code, 2010 California
Mechanical Code, 2010 California Electrical Code, 2010 California Plumbing
Code, 2010 California Residential Code, 2010 California Historical Building
Code, 2010 California Administrative Code, 2010 California Energy Code, 2010
California Green Buildings Standards Code and the 2010 California Standards Code. Direct the Clerk of the Board of Supervisors
to post a Certified Copy of the Ordinance in the office of the Board and
publish a summary at least five days prior to date of adoption pursuant to
Government Code Section 25124 (b) (1).
General Services
18.
Adopt
a Resolution declaring the property located on Road 37 just south of Avenue 53,
Alpaugh, more particularly described as Tulare County Assessor's Parcel No.
311-222-022; and, the parcel located on Highway 99 and Road 68, Goshen, more
particularly described as Assessor's Parcel No. 075-260-026; and, the parcels
located North of Avenue 56, west of Road 120, Earlimart, more particularly
described as Assessor's Parcel Nos.
322-020-004, 322-020-008, 322-020-011, 322-040-001, 322-040-011,
322-040-012, 322-040-015, 322-050-010, 322-070-001, 322-070-003, 322-080-001,
322-080-003, 322-080-004, 322-080-007, 322-080-010, 322-080-011, 322-080-013,
322-090-001, 322-110-005, 322-120-012, 322-120-014, 322-140-003, 322-150-008,
322-170-008, 322-170-011, 322-180-007, 322-180-008, 322-200-002, 322-200-004,
322-220-001, 322-220-005, 322-220-010, surplus property. Authorize the Purchasing Agent, as adopted by
Resolution 2010-0850 and per Tulare County Ordinance Code Article 7, Chapter 3,
Section 1-03-1410, to proceed with the disposition of the properties in
accordance with Government Code 25526.5.
Health & Human Services Agency
19.
Ratify
and approve an amendment to Agreement No. 24577 with Richard Fair, M.D. to
increase the amount of the eighteen (18) month agreement by $100,000, from
$160,000 to a maximum amount of $260,000 to provide on-call services for Tulare
County Health & Human Services Agency clients, retroactive to January 1,
2010 through June 30, 2011. Find that
the Board had authority to enter into the proposed agreement as of January 1,
2010, and that it was in the County's best interest to enter into the agreement
on that date.
Human Resources & Development
20.
Ratify
and approve an agreement with Gallagher Benefit Services, Inc. for a one-year
extension to provide benefits consulting services related to the selection of
various benefits plans offered to County and Special District employees,
retirees and eligible dependents, retroactive to June 1, 2010 through June 30,
2011. Find that the Board had authority
to enter into proposed agreement as of June 1, 2010, and that it was in the
County's best interest to enter into the agreement on that date. Authorize staff to issue a Request For
Proposal (RFP) for benefits consulting services for Tulare County, separate and
apart from services for the Joint Powers Agreement (JPA) to protect the
interests of Tulare County. Authorize
staff to provide written 90 day notice of the County's intent to cancel the
aforesaid June 1, 2010 to June 30, 2011 agreement.
Resource Management Agency
21.
Ratify
and approve the submission of grant applications to the Upper Kings Integrated
Regional Water Management Authority for the following projects for the Seville
Water Company: a) Seville Water
Distribution System Rehabilitation and Storage Project; and b) Seville Safe Drinking
Water Project. Authorize the Assistant
Director-Public Works to sign the cover letter submitting the grant
applications. Authorize the Assistant
Director-Public Works to sign the Certification for Compliance with Water
Metering Requirements for funding applications.
Find that the Board had the authority to submit the grant applications
as of November 12, 2010, and that it was in the County's best interest to
submit the grant applications on that date.
22.
Approve
the designation of a four-way STOP at the Avenue 192 and Road 196
intersection. Authorize the installation
of four-way STOP signs at the Avenue 192 and Road 196 intersection in
accordance with Section 21354 of the California Vehicle Code.
23.
Approve
and award the contract for construction of the Hillman Street/Road 108/Demaree
Street Widening Project to the lowest responsive and responsible bidder, A.
Teichert & Son, Inc., dba Teichert Construction of Fresno, California in
the amount of $11,217,910.20. 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 contractor's license. Allow funds in the amount of $1,121,791 (10%)
to cover unexpected construction conditions.
24.
Approve
the Plans, Special Provisions, Proposal and Contract for the Construction of
the Visalia Landfill Entrance Facility and Recycling Center. Authorize the Chairman of the Board of
Supervisors to sign the Plans. Approve
the Advertisement for Bids of the Construction of the Visalia Landfill Entrance
Facility and Recycling Center. Set the
Bid Opening date for 2:00 p.m. on January 20, 2011.
25.
Approve
an agreement with the Tulare County Association of Governments (TCAG) for the
Tulare County Area Transit to provide transit services to College of Sequoia
(COS) students for the Spring 2011 semester, subject to review and approval as
to form by County Counsel.
Sheriff/Coroner
26.
Ratify
and accept grant funding in the amount of $310,872 from the California
Emergency Management Agency to operate the Tulare County Inter-Agency Narcotics
Enforcement Team, retroactive to July 1, 2010, through June 30, 2011. Find that the Board had authority to enter
into the grant agreement as of July 1, 2010, and that it was in the County's
best interest to enter into the agreement as of that date. Approve the necessary budget adjustments for
the Sheriff's Department and the Probation Department. (4/5ths vote required).
27.
Ratify
and accept one-time funding in the amount of $26,565.46 from the California
9-1-1 Emergency Communications Office, retroactive to January 1, 2010 through
October 31, 2011. Find that Board had
authority to enter into the grant agreement as of January 1, 2010, and that it
was in the County's best interest to enter into the agreement as of 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
28.
Request
from Health and Human Services Agency to approve the request for additional
staffing in response to increased workloads and County Veterans Services
funding. Approve the Personnel
Resolution to add the following allocations:
Administration - IHSS and Veterans Services: one (1) IHSS Program Specialist and three (3)
Social Services Worker IIIs; Kings/Tulare Area Agency on Aging (K/T AAA): one (1) Program Aide II; and Health: one (1) Dental Assistant. Approve the Job Specification for the IHSS
Program Specialist. Approve the
necessary budget adjustments. (4/5ths vote required)
29.
Request
from Resource Management Agency to waive the second reading and adopt 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. Direct
the Clerk of the Board to publish the adopted Ordinance within 15 days of
adoption in accordance with State law.
30.
Presentation
given by Resource Management Agency regarding an overview of the Road
Operations Division.
(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. De Jong, Arie H., et al
Tulare County Superior Court Case Number 10-234837
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. De Jong Investment Group, et
al
Tulare County Superior Court Case Number 10-236530
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 versus Eugene Busby, et al
Tulare County Superior Court Case Number 10-237255
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. Pacific Gas & Electric
Company, et al
Tulare County Superior Court Case Number 10-235865
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: 2
Threats of
litigation regarding the 2010 tax sales of 376 Creek Drive, California Hot Springs,
CA (APN:327-140-018-000)
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
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: County of Tulare v. Jeffrey Nunes
Tulare County Superior Court Case Number 10-239660
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: 5
Next Item(s)
Sitting as...
ITEM
J
CONSIDER PUBLIC
EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:
Details
Interim
Human Resources & Development Director
(Government
Code Section 54957.6)
Next Item(s)
Sitting as...
ITEM
K
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...
