(Public Comment Period)
1.
Recognize
the staff and volunteer attorneys who participated in the Government 103
Special District Seminar held on December 15, 2011.
2.
Request
from Resource Management Agency to designate the County of Tulare as a
"Share the Road" County. Adopt
a proclamation that supports the goals and ideals of the Tulare County Share
the Road Committee to improve the safety and enjoyment of all modes of
transportation that utilize the Tulare County Roadway System.
3.
Public
Comments.
4.
Board
of Supervisors matters.
(Consent Calendar)
CONSENT CALENDAR (Number 5 through 32)
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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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Board of Supervisors
5.
Appoint
Laurie Mercer as the Resource Management Agency Representative to the Health
Advisory Committee for a term ending February 1, 2014.
6.
Reappoint
Derek Williams as the Industry/Agriculture Member and Ed Needham as the
Industry/Agriculture - Alternate Member to the San Joaquin Valley Unified Air
Pollution Control District Citizens Advisory Committee for terms ending January
31, 2015.
7.
Reappoint
George Ouzounian and Geneva Philpott to the Visalia Public Cemetery District
for terms ending January 4, 2016.
8.
Appoint
Phillip Cox to the Tulare County Employees' Retirement Board for a term ending
December 31, 2014.
9.
Reappoint
Samuel Hurtado, Seat 1 and Cheri Taylor, Seat 4 to the Kings/Tulare Area Agency
on Aging Advisory Council for terms ending December 31, 2014.
10.
Reappoint
Joanne Ledbetter, Historical Society Member to the Museum Board for a term
ending February 13, 2015 and appoint Louise Jackson, Historical Society Member
to the Museum Board for a term ending February 13, 2014.
11.
Appoint
John Hess, County Representative - Alternate Member to the Indian Gaming Local
Community Benefit Committee for a term ending June 30, 2012.
12.
Appoint
Steven Worthley, Board of Supervisors Representative and Art Pena, Public
Member to the Dinuba Successor Agency Oversight Board.
County Administrative Office/Capital Projects
13.
Award
the contract for the Parking Lot Replacement Project at Oak Avenue and Church
Street in Visalia to the lowest responsible bidder, Doug Ross, Inc. d.b.a.
Central Valley Asphalt in the amount of $134,156. Authorize the Chairman to sign the agreement
upon receipt of certificates of insurance, bonds, license verification and
contract, subject to review and approval as to form by County Counsel.
14.
Accept
the Probation Office Renovation Project as a completed project. Authorize the Chairman to sign the Notice of
Completion for the subject project.
Direct the Clerk of the Board of Supervisors to record the Notice of
Completion for the subject project with the office of the Tulare County
Recorder.
15.
Approve
sending a letter of support and a resolution for SB 25 (Rubio), the California
Reliable Water Supply Act, which would require the Department of Water
Resources to meet certain deadlines in the development of Delta conveyance
facilities.
General Services Department
16.
Approve
an amendment to Lease Agreement No. 20919 with the Tulare County Superintendent
of Schools to extend the term for an additional ten years for office space
located at 2500 W. Burrel Avenue in Visalia, retroactive to November 20, 2011
through November 19, 2021. Find that the
Board had authority to enter into the proposed amendment as of November 20,
2011, and that it is in the County's best interest to enter into the amendment
as of that date.
Health & Human Services Agency
17.
Approve
the acceptance of funds from the California Emergency Management Agency for the
Fiscal Year 2011 Emergency Management Performance Grant in the amount of
$207,986, retroactive to July 1, 2011 through June 30, 2012. Find that the Board had authority to accept
the grant funds as of July 1, 2011, and that it was in the County's best
interest to accept the funding on that date.
18.
Approve
an agreement with the National Association of County and City Health Officials
for provision of support to Medical Reserve Corps units, retroactive to
December 22, 2011 through July 31, 2012.
Find that the Board had authority to accept the award as of December 22,
2011, and that it was in the County's best interest to accept the award on that
date. Accept the award for funding in
the amount of $5,000 from the National Association of County and City Health
Officials for start-up costs associated with the Tulare County Medical Reserve
Corps. Approve the necessary budget
adjustments. (4/5ths vote required).
Library
19.
Ratify
and approve an agreement with the United States Department of Agriculture for
receipt of grant funds under the Community Facility Grant Program in the amount
of $55,000 for the refurbishing and updating the Ivanhoe Branch Library,
retroactive to December 20, 2011. Find
that the Board had authority to enter into the proposed agreement as of
December 20, 2011, and that it was in the County's best interest to enter into
the agreement as of that date.
20.
Ratify
and approve an agreement with the United States Department of Agriculture for
receipt of grant funds under the Community Facility Grant Program in the amount
of $55,000 for the refurbishing and updating the Earlimart Branch Library,
retroactive to December 20, 2011. Find
that the Board had authority to enter into the proposed agreement as of
December 20, 2011, and that it was in the County's best interest to enter into
the agreement as of that date.
21.
Approve
an agreement with the United States Department of Agriculture for receipt of
grant funds in the amount of $36,159 under the Community Facility Grant Program
for the procurement and placement of an Automated Book Dispenser for the
community of Cutler.
Probation
22.
Approve
the Capital Asset purchase of a Live Scan Machine in the amount of $35,000 for
the AB 109 Criminal Justice Realignment Unit.
Approve the necessary budget adjustments. (4/5ths vote required)
Resource Management Agency
23.
Approve
an agreement with Dokken Engineering in the amount of $255,068 to provide
Professional Environmental Engineering Consulting Services during construction
of the Avenue 416 Kings River Bridge Replacement Project. Authorize the Chairman to sign the agreement,
subject to review and approval as to form by County Counsel.
24.
Accept
the work for construction of the Asphalt Concrete Overlay on Avenue 384 from
Road 92 to Road 108 as complete by W. Jaxon Baker, Inc. of Redding,
California. Authorize the Chairman to
sign the Notice of Completion. Direct
the Clerk of the Board to have the Notice of Completion recorded with the
County Recorder.
25.
Accept
the work for construction of the Sequoia Field Airport Storm Drain Project as
complete by Bill Nelson General Engineering Construction, Inc. of Fresno,
California. Authorize the Chairman to
sign the Notice of Completion. Direct
the Clerk of the Board to have the Notice of Completion recorded with the
County Recorder.
26.
Approve
the designation of a four-way STOP at the Avenue 310 and Road 72
intersection. Authorize the installation
of STOP signs at the Avenue 310 and Road 72 intersection in accordance with
Section 21350 of the California Vehicle Code.
27.
Approve
an agreement with the United States Department of the Interior Bureau of
Reclamation to allow the County of Tulare water services from the Central
Valley Project to the Cross Valley Canal for the period of March 1, 2012 to
February 28, 2014. Reaffirm that the
project is exempt from the California Environmental Quality Act (CEQA)
requirements. Authorize the Resource
Management Agency and Dennis R. Keller, Keller and Wegley, Consulting
Engineers, to do all things necessary and proper to comply with the interim
renewal process. Direct the Clerk of the
Board to transmit a certified copy of this Resolution to the Bureau of
Reclamation.
28.
Introduce
and waive the first reading of an Ordinance amending Sections 7-27-1010,
7-27-1100 and 7-27-1180 of Chapter 27 of Part VII of the Tulare County
Ordinance Code pertaining to flood damage prevention. Set the second reading for February 28,
2012. Direct the Clerk to the Board to
publish a summary of the Ordinance before the second reading as required by
law.
29.
Introduce
and waive the first reading of an Ordinance amending Parts II B and II G of
Section 16 of the Uncodified Tulare County Ordinance No. 352 as Amended
(commonly known as the Tulare County Zoning Ordinance) pertaining to reviewing
non-commercial kennels through administrative use permits. Approve the summary of the Ordinance and
direct the Clerk of the Board to publish the summary and post a certified copy
of the complete Ordinance five (5) days prior to the Ordinance adoption. Set a public hearing for February 28, 2012.
30.
Rescind
Agreement No. RA-186 transferred to the Board of Supervisors as of March 8,
2011. Approve the Measure R Program Supplement
to Cooperative Agreement with the Tulare County Association of Governments
acting as the Tulare County Transportation Authority for the Betty Drive Phase
2A project (Avenue 312/Riggin Avenue widening) for right of way, plans,
specifications and estimate and construction in the amount of $2,756,682. Rescind Agreement No. RA-187 transferred to
the Board of Supervisors as of March 8, 2011.
Approve the Measure R Program Supplement to Cooperative Agreement with
the Tulare County Association of Governments acting as the Tulare County
Transportation Authority for the Betty Drive Phase 2B project (Betty Drive
Grade Separation) for right of way, plans, specifications and estimate and
construction in the amount of $7,289,000.
31.
FOR
INFORMATION ONLY: Bid Opening results
for the Avenue 416 at Road 80 Intersection Improvements.
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Contractor
|
Amount
|
|
Seal Rite Paving
|
$1,848,995.00
|
|
Dawson-Mauldin
Construction, Inc.
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$1,943,711.50
|
|
Construction
Development Systems
|
$1,954,446.60
|
|
AJ Excavation Inc.
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$1,989,053.00
|
|
Granite Construction
Company
|
$2,029,089.00
|
|
Emetts Excavation,
Inc.
|
$2,087,299.50
|
|
Don Berry
Construction
|
$2,184,025.05
|
|
Papich Construction
Inc.
|
$2,226,226.00
|
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R.J Berry Jr. Inc.
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$2,381,168.00
|
|
American Paving Co.
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$2,406,462.90
|
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Lee's Paving Inc.
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$2,698,561.60
|
|
Engineers Estimate
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$1,653,866.25
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Sheriff/Coroner
32.
Ratify
and approve an agreement with the California Emergency Management Agency to
accept grant funding in the amount of $262,108 for the operation of the Tulare
County Inter-Agency Narcotics Enforcement Team, retroactive to July 1, 2011
through June 30, 2013. Find that the
Board had authority to enter into the proposed agreement as of July 1, 2011,
and that it was in the County's best interest to enter into the agreement on
that date.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
33.
Request
from Resource Management Agency to approve and award the contract to the lowest
responsive and responsible bidder, Menefee Construction of Fowler, California,
in the amount of $16,366,482.06 for construction of Road 80 South of St. Johns
River to Avenue 384 and Culvert on Avenue 360 (Phase 3) Project. 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 contingencies in the amount of $1,636,648 (10%) to cover unexpected
construction conditions.
34.
Presentation
regarding the Tulare County Health & Human Services Agency Diversity Works
Task Force.
35.
Request
from Resource Management Agency to review and approve the submittal of an
application for $383,853.96 in grant funding from the Strategic Growth Council
Sustainable Communities Planning Grant and Incentives Program for a Sustainable
Highway Corridor Plan. Authorize and
direct the Resource Management Agency Director, or designee, to act on the
County's behalf in all matters pertaining to this application, including
conducting all negotiations and executing and submitting all documents,
including, but not limited to applications, agreements, payment requests etc.,
which may be necessary for completion of the aforementioned grant. Authorize and direct the Chairman of the
Board of Supervisors, or designee, to conduct all negotiations, execute, and
submit the Funding Agreement, and any subsequent amendments thereto, with the
State of California for the purpose of this grant, subject to County Counsel
approval as to form. Approve the filing of an application for the Sustainable
Growth Strategy for Economically Disadvantaged Communities Along the Highway 99
Corridor Project in order to become a more sustainable community. Certify that the County will have sufficient
funds to develop the Proposal or will secure the resources to do so. Certify
that the Proposal will comply with any applicable laws and regulations
including being consistent with the State's Planning Priorities identified in
Government Code section 65041.1 and summarized: Promote infill development and
invest in existing communities; Protect, preserve and enhance agricultural land
and natural resources, and encourage location and resource efficient new
development. Certify that threshold requirements outlined in the guidelines,
including consideration of Ocean Protection Council Sea Level Rise Guidance
will be met. Agree to reduce, on as permanent a basis as feasible, greenhouse
gas emissions consistent with California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 3850) of the Health and Safety Code);
any applicable regional plan. Agree to meet the Collaboration Requirements of
the focus area applicable to the Proposal; and includes all required documents
in the application package.
36.
Presentation
given by the Resource Management Agency regarding the Dissolution of
Redevelopment Agencies.
(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:
Approve
and award the construction contract project for the Road 80 Phase 3 Project to
the lowest responsive and responsible bidder, Menefee Construction. See Board of Supervisors Agenda February 7,
2012
Next Item(s)
Sitting as...
ITEM
B
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (a)]
Name of
Case: Matheny Tract Committee vs. County
of Tulare, et al.
Tulare
County Superior Court Case No. 11-243725
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: 4
Threats of
litigation in the public record regarding the proposed Tulare County General
Plan 2030 Update and Draft Environmental Impact Report
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
[Government
Code Section 54956.9 (c)]
Number of
Potential Cases: 3
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
Potential
Litigation Regarding Opposition to the Tulare County Traffic and Facilities
Development Impact Fee Program
Next Item(s)
Sitting as...
ITEM
F
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9(a)]
Name of
Case: Gilbert and Enedina Marroquin vs
County of Tulare, Tulare Irrigation District, Evans Ditch Company
Tulare
County Superior Court Case No. 11-242155
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9(a)]
Name of
Case: SEIU Local 521 vs County of Tulare
Public
Employment Relations Board Charge No. SA-CE-748-M
Next Item(s)
Sitting as...
ITEM
H
CONSIDER PUBLIC
EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:
Details
Board
Representative
(Government
Code Section 54957.6)
Next Item(s)
Sitting as...
ITEM
I
CONFERENCE WITH LABOR
NEGOTIATOR
Details
(Government
Code Section 54957.6)
Agency
Designated Representative: Jeff Cardell,
Jean Rousseau
Employee
Organization: All Certified Employee
Organizations
Unrepresented
Employees: All Unrepresented Employees
except Elected
Next Item(s)
Sitting as...
