(Public Comment Period)
1.
Public
Comments.
2.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
3.
PUBLIC
HEARING: Request from the Resource Management Agency for Acquisition
of Property by Eminent Domain for the Road 80 Widening Project Pursuant to Code
of Civil Procedure Section 1245.330; Martinez. Adopt, find, determine, declare
and resolve as follows: a) The public interest and necessity require the
Project; b) The Project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury; c) The property described in Appendix A
is necessary for the Project; d) The use for which the Subject Property is
sought to be taken is a more necessary public use than the use to which the
property is appropriated (Code of Civil Procedure 1240.610); e) The offer
required by section 7267.2(a) of the Government Code, together with the
accompanying statement of and summary of the basis for the amount established
as just compensation, was made to the owner or owners of record and the offer
and accompanying statement and summary complied with the requirements of
Government Code section 7267.2(a); and f) County Counsel is authorized to file
a legal action against the property owner. (2/3rds vote required)
4.
PUBLIC
HEARING: Request from the Resource Management Agency to approve
Tentative Tract Map No. 810, as recommended by Planning Commission (Resolution
No. 8549), for division of 15.49 acres into six single-family residential lots,
in the R-A-100 (Rural Residential-100,000 sq. ft. minimum) Zone, submitted by
Gerald Leatherman, located on the north side of Avenue 232 (State Route 137)
approximately 650 ft. west of Road 132.
Direct the Clerk of the Board of Supervisors to return the Resolution
approving TM 810 to the Resource Management Agency for recordation at the County Recorder's
Office. Direct the Clerk of the Board of
Supervisors to return the signed Notice of Determination to the Resource
Management Agency for filing at the County
Clerk's office. Adopt a separate resolution to certify the
Negative Declaration, as recommended by Planning Commission (Resolution No.
8548). Direct the Clerk of the Board of
Supervisors to return the Resolution certifying the Negative Declaration for TM
810 to the Resource Management Agency for recordation at the County Recorder's
Office.
5.
PUBLIC
HEARING: Request from the Resource Management
Agency to certify that pursuant to Chapter 13 of the Public Resource Code and
Title 14 of the California Code of Regulations, that the Final Environmental
Impact Report for the Santa Fe Bike Path/Multi-Purpose Trail Connection Project
has been completed in compliance with California Environmental Quality Act
(CEQA); the Tulare County Board of Supervisors has reviewed and considered the
information contained in the Environmental Impact Report prior to approving the
project; and reflects the Board of Supervisors independent judgment and
analysis.
6.
Request
from Resource Management Agency to adopt a Mitigation Monitoring and Reporting
Plan for the Santa Fe Bike Path/Multi-Purpose Trail Connection Project.
7.
PUBLIC
HEARING: Request from the Resource Management
Agency to adopt the California Environmental Quality Act Findings of Fact. Approve the Santa Fe Bike Path/Multi-Purpose
Trail Connection Project as described in the Final Environmental Impact
Report. Direct staff to file a Notice of
Determination within five working days after deciding carryout and approve the
project.
(Consent Calendar)
CONSENT CALENDAR (Number 8 through 41)
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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
8.
Ratify
and approve an agreement with Taylor Brothers, Inc. dba RESCOM for providing
pest control services at an hourly rate of $395 for the Tulare County
Glassy-winged Sharpshooter Management Program, 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.
Board of Supervisors
9.
Reappoint
Joe Machado to the Kings Mosquito Abatement District as Trustee for a term
ending January 2, 2013.
10.
Authorize
the submittal of grant applications from Tulare County Departments seeking
funding from the Fiscal Year 2010-2011 Indian Gaming Local Community Benefit
Committee, Senate Bill 621 Local Government Mitigation funding as follows: Tulare County Sheriff's Department request of
$304,742 for two Community Based Officers; Tulare County Fire Department's
request of $111,514.43 to replace all structural firefighting turnout coats and
turnout plants; Tulare County Resource Management Agency's request of $65,000 for
road repairs to Road 284 from State Route 190 to Reservation Road; and Tulare
County Resource Management Agency's request of $20,000 for a Native American
Village at the Tulare County Museum.
County Administrative Office/Capital Projects
11.
Approve
the Bid Documents for the Ivanhoe Community Center Project. Authorize the Advertisement of Bids for the
subject project. Set the Bid Opening for
the project on Thursday, April 14, 2011 at 2:00 p.m. Declare the project categorically exempt from
the California Environmental Quality Act pursuant to Section 15301and authorize
the Capital Projects/Facilities Manager to sign and file a Notice of Exemption
with the Clerk-Recorder.
12.
Award
the contract for the Probation Office Renovation Project to the lowest
responsible bidder, BVI Construction, 1610 E. Front St., Suite A, Selma, CA
93662 in the amount of $1,345,750.
Authorize the Chairman to sign the construction agreement upon receipt
of certificates of insurance, bonds, and contract subject to review and
approval as to form by County Counsel.
County Counsel
13.
Approve
new or amended Conflict of Interest Codes for the following agencies:
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SPECIAL DISTRICTS
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SCHOOL
DISTRICTS
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Exeter Ambulance District
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Exeter Union
High School
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Terra Bella Sewer
Maintenance District
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Exeter Union
School
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Tulare Local Hospital
District
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Porterville Unified School
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Visalia Public Cemetery
District
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Springville Union
School
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Woodlake Fire District
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Visalia Unified School
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BOARDS & COMMISSIONS
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In-Home Supportive
Services Agency
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Tulare County Association of
Governments (TCAG)
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TCAG - Tulare County
Transportation Authority
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Tulare County
Redevelopment Agency
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Tulare County Flood
Control District
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Tulare County Public Law Library
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Tulare County Employees' Retirement
Association (TCERA)
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District Attorney
14.
Authorize
the submission of a grant application for funding from the U.S. Department of
Justice, Office on Violence Against Women for Fiscal Year 2011 to assist
Children and Youth Exposed to Sexual Assault, Domestic Violence, Dating
Violence and Stalking Program in the amount of $400,000 for a 24 month period
beginning on or about October 1, 2011.
General Services Department
15.
Waive
the fees for the use of Mooney Grove Park by the HandsOn Central California for
the Senior Day Picnic on Friday, May 13, 2011.
Health & Human Services Agency
16.
Reaffirm
the Declaration of State of Emergency pertaining to flooding set out in
Resolution No. 2010-1016 and adopted December 21, 2010.
17.
Ratify
and approve an amendment to Agreement No. 23197 with Central Valley Recovery
Services, Inc.: Pine Recovery Center, New Visions, Mothering Heights, New
Heights, Family Services, and New Hope in an amount not to exceed $5,259,027
(an increase of $138,240 from $5,120,787 to $5,259,027) to provide alcohol and
drug recovery services, retroactive to December 1, 2010 through June 30, 2013. Find that the Board had authority to enter
into the proposed agreement as of December 1, 2010, and that it was in the
County's best interest to enter into the agreement on that date.
18.
Ratify
and approve an amendment to Agreement No. 19959 with Kaweah Delta Health Care
District for the provision of mental health services from Kaweah Delta Mental
Health Hospital, to update the Rate Structure listed in paragraph 4.1 by the
following: the Psychiatric Acute Hospitalization Rate is $1,050 and the
Administrative Day Rate is $352.26, retroactive to January 1, 2011 through June
30, 2011. Find that the Board had
authority to enter into the proposed agreement as of January 1, 2011, and that
it was in the County's best interest to enter into the agreement on that date.
19.
Ratify
and approve an amendment to Tulare County Purchasing Agent Professional
Services Agreement No. 5295 with Gus Nevarez, D.D.S., to increase the maximum
amount of the agreement by $75,000 from $100,000 to $175,000 for the provision
of dental services for Tulare County Health & Human Services Agency
clients, retroactive to July 1, 2010 through June 30, 2011. Find that the Board had authority to amend
Professional Services Agreement No. 5295 as of July 1, 2010, and that it was in
the County's best interest to amend the Professional Services Agreement on that
date.
20.
Ratify
and approve an Agreement with Aspiranet to provide Foster Care Services,
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.
21.
Ratify
and approve an Agreement with Family Builders Foster Care, Inc. to provide
Intensive Foster Care Services, 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.
22.
Ratify
and approve an Agreement with the California Department of Public Health (CDPH),
Immunization Branch to receive funding in the amount of $150,110 for the Tulare
County Health & Human Services Agency (HHSA) to renew the provision for an
Immunization Program in Tulare County, retroactive from 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.
23.
Ratify
and approve an Agreement with the California Department of Public Health
(CDPH), Immunization Branch to receive funding in the amount of $17,845 to
develop and implement local and/or regional automated immunization information
and reminder systems, 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.
24.
Ratify
and approve an Agreement with the California Department of Public Health,
Office of AIDS, to receive funding for the HIV/AIDS Surveillance Program and
the HIV Care Program in the amount of $543,789, retroactive to July 1, 2010
through June 30, 2013 to provide necessary infection information and service
prioritization and delivery. 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.
25.
Ratify
and approve the award for funding in the amount of $104,903 from the California
Department of Public Health, Tuberculosis Control Branch, to support
tuberculosis prevention and control, retroactive to July 1, 2010 through June
30, 2011. Find that the Board has
authority to accept the awards as of July 1, 2010, and that it was in the
County's best interest to accept the award on that date.
26.
Ratify
and approve the Memoranda of Understanding to provide services on behalf of the
Child Welfare Services foster children through cooperation, collaboration, and
sharing of appropriate information between the Tulare County Health & Human
Services Agency (HHSA) Child Welfare Services Division and the following
participating Foster Family Agencies: The Grace Homes; Family Builders Foster
Care, Inc.; Promesa Behavioral Health; A Positive Attitude Outlook, Inc.;
Aspiranet, Inc.; EMQ FamiliesFirst Agency; Golden State Family Services;
Pioneer Home Outreach, Inc.; and Koinonia Foster Homes. Find that the Board had authority to enter
into the proposed Memoranda of Understanding as of July 1, 2010, and that it
was in the County's best interest to enter into the Memoranda of Understanding
on that date.
27.
Ratify
and approve the Agreements between Tulare County Health & Human Services
Agency and the Sub-recipients of the Fiscal Year 2010 Homeland Security Grant
Program: Cities of Dinuba, Farmersville, Lindsay, Porterville, Tulare, Visalia,
and Woodlake, College of the Sequoias, and Kaweah Delta Health Care
District. Find that the Board had
authority to enter into the proposed agreements as of October 5, 2010, and that
it was in the County's best interest to enter into the agreements on that date.
Information Technology
28.
Approve
technology enhancements and associated projected costs for the Tulare County
Health and Human Services Agency, TulareWORKs Division. Approve the necessary budget
adjustments. (4/5ths vote required)
Resource Management Agency
29.
Introduce
and waive the first reading of an Ordinance amending Parts A, C and D of
Section 16.2 of the Tulare County Zoning Ordinance No. 352 pertaining to
abolishing the Site Plan Review Committee and transferring duties and authority
to the Tulare County Planning Commission.
30.
Introduce
and waive the first reading of an Ordinance amending Sections 1-03-1585 and
1-03-1590 of Article 11 of Chapter 3 of Part I of the Ordinance Code of Tulare
County pertaining to abolishing the Office of Zoning Administrator and
transferring duties and authority to the Tulare County Planning Commission.
31.
Approve
the Measure R Program Supplement to Tulare County Transportation Cooperative
Agreement in the amount of $155,000 to allow the following: a) Cost
reimbursement, in the amount of $150,000, for pedestrian improvements on
Washington Avenue between State Street and Church Road in the community of
Earlimart; and b) Cost reimbursement, in the amount of $5,000, for a bike sign
installation project on Rocky Hill Drive between Avenue 280 and Yokohl Drive
(M296), near Exeter.
32.
Review
and accept the Commercial River Rafting Annual Report. Authorize eight (8) rafting companies that
were issued Commercial River Licenses (CRL's) in Calendar Year to maintain
their status and be offered the opportunity to apply for a 2011 Commercial
Rafting License.
33.
Approve
the transfer of the Betty Drive/Avenue 312 Realignment and Improvement Project
and the Golden Valley Safe Routes to School (SR2S) Project from Tulare County
Redevelopment Agency (TCRA) to the Road Fund.
Approve the necessary budget adjustments. (4/5ths vote required). Direct Auditor and
Purchasing Agent to make the necessary changes to the contracts and/or
agreements.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
34.
Approve
the transfer of the Betty Drive/Avenue 312 Realignment and Improvement Project
and the Golden Valley Safe Routes to School (SR2S) Project from Tulare County
Redevelopment Agency (TCRA) to the Road Fund.
Approve the necessary budget adjustments. (4/5ths vote required). Direct Auditor and Purchasing Agent to make
the necessary changes to the contracts and/or agreements.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
Sheriff/Coroner
35.
Authorize
the submittal of an online grant application with the National Institute of
Justice in an amount up to $500,000 for Solving Cold Cases with DNA Program for
Fiscal Year 2011.
36.
Ratify
and approve an amendment to Agreement No. 22879 with Global Tel*Link to include
a commission increase from 53% to 55% on gross revenue and an adjustment to
change the rates for international calls for providing inmate telephone
services at the Sheriff's Detention Facilities, retroactive to November 1, 2010
through October 31, 2012. Find that the
Board had the 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.
37.
Approve
an Agreement with Kaweah Delta Health Care District for the use of office space
at the South Court Street complex for the Tulare County Sexual Assault Response
Team Program examinations.
38.
Approve
a Memorandum of Understanding with the Social Security Administration for
participation in the Incentive Payment Program to allow the Sheriff's
Department to receive incentive payments for those inmates who meet the
necessary requirements for suspension of benefits during their incarceration.
39.
Authorize
the Purchasing Agent to disburse $99,913 of the purchase price of the aircraft
approved in Board Resolution No. 2011-0100 as a deposit to the aircraft
manufacturer, Flight Design USA, prior to receiving the airplane.
Workforce Investment Board
40.
Appoint
the following individuals to the Workforce Investment Board of Tulare County
Board of Directors as follows: Teri
Dobson - Public Sector Native American for a term ending May 31, 2012; Randy
Baerg - Business for a term ending May 31, 2011; and Rosemary Rusca - Public
Sector for a term ending May 31, 2011.
41.
Approve
budget adjustments adding $950,000 from the State of California for the
unilateral modification of Agreement No. 24616 pertaining to the Dislocated
Worker funds. (4/5ths vote required)
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
42.
Request
from County Administrative Office to approve sending a letter of support for
Senate Bill 325 (Rubio), which would state the intent of the Legislature to
create the Central California Railroad Authority to ensure continuation of
short-line railroad operations in the counties of Kern, Kings, Tulare and
Fresno.
43.
Request
from the Board of Supervisors to approve the Step Up Service Learning Grant
Program to award the following Junior High Schools with a $4,000 grant, as
recommended by the Tulare County Youth Commission, to perform a service
learning project with students from their schools: Wilson Middle School,
District One; Woodville Union School, District Two; La Sierra Military Academy,
District Three; Stone Corral School, District Four; and Burton Middle School,
District Five. Authorize and approve the
Chairman to sign grant agreements, subject to review and approval as to form by
County Counsel.
(Closed Session)
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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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: 2
Tentative
Subdivision Tract No. 810 application by Gerald Leatherman to divide 15.49
acres into six residential lots, east of Tulare.
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: 1
Requests
from RMA to Acquire Property for the Road 80 Widening Project Using the Eminent
Domain Process from Mr. Martinez.
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: 1
Request
from RMA to Adopt the Findings of Facts for the Santa Fe Bike Path Project.
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 1
Request
from RMA to Certify the Final Environment Impact Report for the Santa Fe Bike Path
Project.
Next Item(s)
Sitting as...
ITEM
E
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 1
Request
from RMA to Adopt a Mitigation Monitoring and Reporting Plan for the Santa Fe Bike Path
Project.
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: 1
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 - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 1
Next Item(s)
Sitting as...
ITEM
I
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
J
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 1
Next Item(s)
Sitting as...
ITEM
K
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
L
CONFERENCE WITH LABOR
NEGOTIATOR
Details
(Government
Code Section 54957.6)
Agency
Designated Representative: Rhonda
Sjostrom, Jean Rousseau
Employee Organization: All Certified Employee Organizations
Unrepresented
Employees: All Unrepresented Employees
except Elected
Next Item(s)
Sitting as...
