MEMBERS OF THE BOARD

 

ALLEN ISHIDA - Chairman

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX

District Three

 

J. STEVEN WORTHLEY

District Four

 

MIKE ENNIS

District Five

 

 

Board of Supervisors

 

Agenda

 

 

 

 

JEAN M. ROUSSEAU

County Administrator

 

KATHLEEN BALES-LANGE

County Counsel


MICHELLE BALDWIN

Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA 93291

(559) 636-5000

FAX (559) 733-6898


 

 

July 31, 2012

 

9:00 A.M. Board Convenes

 

PLEDGE OF ALLEGIANCE

Moment of Silence

 

 

 

NOTICE TO THE PUBLIC

PUBLIC COMMENT PERIOD

At this time, members of the public may comment on any item not appearing on the agenda. Under state law, matters presented under this item cannot be discussed or acted upon by the Board at this time. For items appearing on the agenda, the public is invited to make comments at the time the item comes up for Board consideration. Any person addressing the Board will be limited to a maximum of three (3) minutes so that all interested parties have an opportunity to speak with a total of fifteen (15) minutes allotted for the Public Comment Period. At all times, please use the microphone and state your name and address for the record.


(Public Comment Period)

 

1.                  Presentation regarding the Tulare County Speakers Bureau's accomplishments.

2.                  Public Comments.

3.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from Resource Management Agency to review and receive public comment on the Annual Grantee Performance Reports for Grant Nos. 09-EDEF-6541, 09-STAR-6387, 09-STBG-6419 and the Program Income Revolving Loan Account, and receive comments regarding the closeout of Community Development Block Grant No. 09-STAR-6387. Approve the Annual Grantee Performance Reports and authorize the Chairman of the Board to sign the reports for submittal to the State Department of Housing and Community Development. Authorize the County Administrative Officer to sign the final closeout certification documents. Authorize submittal of all signed closeout documents to the State Department of Housing and Community Development.

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 28)

 

 

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.

 

 

 

Auditor-Controller/Treasurer-Tax Collector

5.                  Authorize the Tax Collector Division to increase their cash drawers from four to nine total by establishing a change fund of $1,800 or $200 per drawer for the purpose of making change while taking cash payments for taxes.

6.                  Authorize the issuance of one replacement warrant for Vanderham & Sons for $24,722.44 by the Auditor-Controller.

Board of Supervisors

7.                  Appoint Connie Smith as Superintendent of Schools Designee to the First 5 Tulare County Commission to serve at the Pleasure of the Board.

8.                  Appoint Melody Tucker, District 2 Representative to the Tulare County Youth Commission for a term ending June 24, 2016.

9.                  Reappoint Ed Murray as Director to the Tulare County Fish and Game Commission for a term ending September 4, 2016.

10.             Reappoint Joe M. Garcia, County Representative to the Indian Gaming Local Community Benefit Committee for a term ending June 30, 2015.

11.             Appoint Teresa Ortega as the Former Redevelopment Agency Employee Representative to the Tulare County Redevelopment Successor Agency Oversight Board.

12.             Approve membership to the Regional Council of Rural Counties in the amount of $12,500 effective September 1, 2012 through June 30, 2013

Child Support Services

13.             Approve the Proclamation to recognize and acknowledge the month of August 2012 as Child Support Awareness Month on behalf of the Tulare County Department of Child Support Services and the California Department of Child Support Services.

Cooperative Extension

14.             Approve the cost adjustment of 14% for a replacement vehicle for the University of California Cooperative Extension. Approve the necessary budget adjustment. (4/5ths vote required)

County Administrative Office

15.             Approve sending a letter of opposition to Senate Bill 1221 (Lieu) which would prohibit the use of dogs when hunting bear or bobcats.

16.             Approve sending a letter of concern regarding the Irrigated Lands Regulatory Program Draft General Order for the Southern San Joaquin Valley Water Quality Coalition.

Health & Human Services Agency

17.             Approve the spending plan recommendations from the Children's Services Network for the Promoting Safe and Stable Families Program funding in the amount of $550,000 for Fiscal Year 2012/2013.

18.             Approve the spending plan recommendations from the Joint Allocations Committee, supported by the Child Abuse Prevention Council, for the following funding sources: Community Based Child Abuse Prevention (CBCAP); Child Abuse Prevention; Intervention and Treatment (CAPIT); and Children's Trust Fund (CTF) in the amount of $288,881 for Fiscal Year 2012/2013.

19.             Approve the submittal of an application to the California Emergency Management Agency for the Fiscal Year 2012/2013 Emergency Management Performance Grant.

20.             Authorize the submittal of an application for the 2012 State Homeland Security Grant Program, in an amount not to exceed $389,556, to enhance the ability to prepare for, prevent, respond to, and recover from terrorist attacks and other disasters.

Resource Management Agency

21.             Approve a Contract Change Order in the lump sum amount of $68,939.80 to direct Emmett's Excavation, Inc. to install landscaping in areas of excess right of way in the City of Dinuba as a part of the Phase 2 of the Road 80 Widening Project.

22.             Approve the Fiscal Year 2012/2013 operating budget for the Seville Water Company (4/5ths vote required). Approve the necessary budget adjustments. (4/5ths vote required)

23.             Approve a 2012/2013 Transit Agreement with the City of Visalia for the City to provide transit service to County of Tulare residents, retroactive to July 1, 2012 through June 30, 2013. Find that the Board had the authority to enter into the agreement as of July 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

24.             Approve a 2012/2013 Transit Agreement with the City of Woodlake for the City to provide transit service to County of Tulare residents, retroactive to July 1, 2012 through June 30, 2013. Find that the Board had the authority to enter into the agreement as of July 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

25.             Approve 2012/2013 Transit Agreement with the City of Porterville for the City to provide transit service to County of Tulare residents retroactive to July 1, 2012 through June 30, 2013. Find that the Board had authority to enter into the proposed agreement as of July 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

Sheriff/Coroner

26.             Approve an amendment to Agreement No. 25307 with the United States Forest Service to add the Sierra National Forest to the agreement for basic law enforcement services and operations to suppress manufacturing and trafficking of controlled substances on or affecting National Forest Service land, retroactive to October 1, 2011 through September 30, 2012. Find that the Board had authority to enter into the proposed amendment to the agreement as of October 1, 2011, and that it was in the County's best interest to enter into the agreement on that date.

27.             Approve an agreement with the Federal Bureau of Investigations for participating in the Kern County Violent Crime/Gang Task Force, effective July 31, 2012 and shall continue indefinitely unless terminated with 30 days prior written notice.

28.             Approve an agreement with the United States Army Corps of Engineers for law enforcement services at Lake Kaweah Recreation Area, retroactive to May 24, 2012 through no later than September 3, 2012. Find that the Board had authority to enter into the proposed agreement as of May 24, 2012, 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

 

29.             Request from Resource Management Agency to approve and award the contract for construction of Well No. 8 in the community of Ivanhoe, CA to the lowest responsive and responsible bidder. Authorize the Chairman to sign the contract after 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 for contingencies in the amount of ten percent (10%) of the contract amount to cover unexpected construction conditions. Find Travioli Construction, Inc.'s bid to be non-responsive. Remove line Item No. 33, pocket park from the bid schedule and construction contract amount. Approve Amendment No. 1 to Agreement No. 25022 with the Ivanhoe Public Utility District (IPUD) to clarify the parties' financial responsibilities. Authorize the Chairman to execute the Amendment to Agreement No. 25022.

30.             Request from Resource Management Agency to authorize the submittal of the 2012 Home Investment Partnerships Program (HOME) Project Application, in an amount not to exceed $5,500,000, in response to the Notice of Funding Availability (NOFA) issued on June 1, 2012 for construction of a twenty-eight unit Single Family Rental New Construction Project to be located in the unincorporated community of Pixley in Tulare County. Agree that, if the application for funding is approved, the County will use the HOME funds for eligible activities in the manner presented in the application, as approved by the Department of Housing and Community Development (HCD) and in accordance with Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, in federal implementing regulations set forth in Title 24 of the Code of Federal Regulations, Part 92, and in Title 25 of the California Code of Regulations commencing with Section 8200. Authorize the Chairman of the Board to execute, in the name of the County of Tulare, the application, the Standard Agreement, and any amendments thereto, subject to County Counsel review and approval and all other documents required by the Department of Housing and Community Development for participation in the HOME Program. Authorize the Tulare County Environmental Assessment Officer to execute all necessary environmental documents for the 2012 HOME Investment Partnerships Program.

31.             Request from Human Resources & Development to direct the County Administrative Officer to publish a notice of salary increase for the Board of Supervisors.

(Closed Session)


 

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

 

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: 3

Award of contract for construction of Well No. 8 in the community of Ivanhoe

Board of Supervisors Agenda Item July 31, 2012

Next Item(s) Sitting as...

ITEM B

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 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 - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (c)]

Number of Potential Cases: 9

Next Item(s) Sitting as...

ITEM G

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 H

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation [Government Code Section 54956.9 (b)(1)]

Number of Potential Cases: 1

Wrongful Termination Action; DFEH/EEOC Complaint; Government Tort Claim by an employee against the County of Tulare

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...