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


October 16, 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.                  Adopt a resolution proclaiming the week of October 23-31, 2012 as "Red Ribbon Week" in Tulare County.

2.                  Designate October 21-27, 2012 as "National Save for Retirement Week" including raising public awareness about the importance of adequate retirement savings and the availability of retirement plans.

3.                  Public Comments.

4.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

5.                  PUBLIC HEARING: Request from Public Defender to approve establishing a $35.00 fee for indigent criminal defendants who will be represented by the Public Defender based upon the court's determination of financial ability to pay the fee pursuant to Penal Code Section 987.5. Authorize the Public Defender to implement the fee beginning July 1, 2012. Approve a Memorandum of Understanding between Tulare County Superior Court and County of Tulare for Fiscal Year 2012/2013, retroactive to July 1, 2012 through December 1, 2015. Find that the Board had authority to enter into the proposed Memorandum of Understanding as of July 1, 2012, and that it was in the County's best interest to enter into the amendment on that date.

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 16)

 

 

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.

 

 

 

Board of Supervisors

6.                  Appoint Tammie M. Weyker, At-Large Member to the Tulare County Library Advisory Board for a term ending December 31, 2012.

7.                  Appoint Susana De Anda, At-Large Member to the Tulare County Water Commission for a term ending April 30, 2013.

County Administrative Office/General Services

8.                  Approve an amendment to Agreement No. 19253 with the Secretary of the Army to extend the lease term to May 17, 2022 for use of a parcel of land located at the Terminus Dam and Lake Kaweah Project for a Radio Repeater Station, retroactive to June 29, 2012. Find that the Board had authority to enter into the proposed amendment as of June 29, 2012, and that it was in the County's best interest to enter into the amendment on that date.

Resource Management Agency

9.                  Approve the release of monies and securities for retention on deposit to BMY Construction Group, Inc. held in Central Valley Community Bank Escrow Account No. 021017123 for the completed Visalia Landfill Entrance Facility and Recycling Center Project. Authorize the Chairman of the Board to sign the letter requesting the release of monies and securities on deposit.

10.             Approve the revised Public Transportation Modernization Improvement and Service Enhancement Account Project List for Fiscal Years 2008/2009 through 2015/2016.

11.             Approve an agreement with the City of Exeter in the amount of $2,634 to provide transit service to the community of Tooleville, 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.

12.             Approve an agreement with the City of Lindsay in the amount of $82,159 for the County to provide transit service to City of Lindsay residents, retroactive to July 1, 2012 through June 30, 2013. Find that the Board had the 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.

13.             Approve Request for Proposals for a Sequoia Field Airport Economic Assessment: Opportunities and Constraints Study.

Sheriff/Coroner

14.             Ratify the Chairman's signature on a grant application with the Board of State and Community Corrections for Fiscal Year 2012/2013 for $211,963 to operate the Tulare County Inter-Agency Narcotics, retroactive to October 1, 2012 through September 30, 2013. Approve operating agreements with the City of Exeter, City of Farmersville, and City of Lindsay police departments for the Tulare County Inter-Agency Narcotics Enforcement Team Program, retroactive to October 1, 2012 through September 30, 2013. Find that the Board had authority to enter into the proposed agreement as of October 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

15.             Approve amendments to Agreement No. 24253 with the Exeter Police Department, Agreement No. 24255 with the Farmersville Police Department, and Agreement No. 24426 with the Lindsay Police Department to modify the budget of the Tulare County Inter-Agency Narcotics Enforcement Team program, retroactive to July 1, 2011 through March 31, 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.

Workforce Investment Board

16.             Appoint William DeLain as Chairman to the Workforce Investment Board.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

17.             Request from the District Attorney's Office to accept the resignation of District Attorney Phillip J. Cline due to retirement, effective December 15, 2012. Consider and approve appointing Assistant District Attorney Tim Ward to the serve the balance of Mr. Cline's term until noon January 5, 2015.

18.             Request from Human Resources and Development to consider a salary increase for the County Administrative Officer and approve a resolution identifying the percentage of increase (if any) and the effective date of such an increase in salary.

(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 - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: Sierra Club vs. County of Tulare, et al.

Tulare County Superior Court Case No. 249061

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (a)]

Name of Case: City of Porterville vs. County of Tulare, et al.

Tulare County Superior Court Case No. 249043

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

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: 1

 

 

 

 

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: 4

Threats of litigation in the public record regarding adoption of the Tulare County General Plan 2030 Update

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: 3

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

Potential litigation regarding opposition to the Tulare County Traffic and Facilities Development Impact Fee Program

Next Item(s) Sitting as...

ITEM H

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 I

CONSIDER PUBLIC EMPLOYEE PERFORMANCE EVALUATION FOR THE POSITION OF:

Details

Board Representative

[Government Code Section 54957 (b)(1)]

Next Item(s) Sitting as...

ITEM J

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...