(Public Comment Period)
1.
Public
Comments.
2.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
3.
PUBLIC
HEARING: Request from Resource Management Agency to review and
receive comments regarding the closeout of Community Development Block Grant
No. 09-EDEF-5894. Approve the Final
Grantee Performance Report and authorize the Chairman of the Board to sign the
report 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. Adopt the updated Program Income Reuse Plan
and authorize the Chairman to sign the Program Income Reuse Plan.
4.
PUBLIC
HEARING: Request from Resource Management to authorize a reduction in
days of operation for the Badger Transfer Station to the first and third
Saturday of each month (8:00 a.m. to 4:00 p.m.) effective January 1, 2013. Authorize a reduction in days of operation
for the Balance Rock Transfer Station to the first and third Sunday of each
month (8:00 a.m. to 4:00 p.m.) November through April and every Sunday (8:00
a.m. to 4:00 p.m.) May through October effective January 1, 2013. Find that reducing the days of operation for
the transfer stations are exempt from the California Environmental Quality Act
pursuant to the adopted State of California CEQA Guidelines Section
15061(b)(3), and direct the Environmental Assessment Officer to sign and file
the Notices of Exemption with the Tulare County Clerk. Approve adjusted Solid Waste Fees effective
January 6, 2013. Find that these fees
are for the purpose of recovering the operational, environmental monitoring,
recycling programs, contribution to reserve, and administrative costs of the
Solid Waste Division and is an activity exempt from CEQA pursuant to Public
Resources Code Section 21980(b)(8) and 14 California Code of Regulations
Section 15273, and direct the Environmental Assessment Officer to sign and file
the Notice of Exemption with the Tulare County Clerk Recorder.
(Consent Calendar)
CONSENT CALENDAR (Number 5 through 13)
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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/Registrar of
Voters/Treasurer-Tax Collector
5.
Review
and accept the Certified Statement of Vote as submitted by the Registrar of
Voters for those Offices/Measures for which the Board of Supervisors is the
governing body.
Board of Supervisors
6.
Ratify
the following Proclamations:
Recognizing November 11, 2012 as Veterans' Day in Tulare County; and
Honoring the Earlimart School District on the re-opening of the Hanfurd E.
Powell Track and Field.
County Administrative Office
7.
Approve
the bid documents for the Tulare County Civic Center Secured Parking Lot
Replacement Project. Authorize the
advertisement of bids for the subject project.
Set the bid opening for the project at 2:00 p.m. on Thursday, January
10, 2013. Find that the project is
categorically exempt, as an existing facility minor alteration/repair, from the
California Environmental Quality Act (CEQA) (State CEQA Guidelines Section
15301), and direct the Resource Management Agency's Environmental Assessment
Officer to file the Notice of Exemption with the County Clerk's Office.
District Attorney
8.
Approve
an agreement with National Corrective Group, Inc. for the administration of a
Pre-Filing Diversion Program for the period of January 1, 2013 to December 31,
2015.
Probation
9.
Accept
grant funding in the amount of $34,563 from the State of California, Board of
State and Community Corrections for Fiscal Year 2012/2013 for continued
Juvenile Accountability Block Grant Funding.
Ratify and approve the grant award agreement with the State of
California, Board of State and Community Corrections for the Juvenile
Accountability Block Grant Program, in the amount of $34,563, retroactive to
July 1, 2012 through June 30, 2013.
Ratify and approve the Board Chairman's signature on the Agreement. Find that the Board had authority to enter
into the Agreement on July 1, 2012 and that it was in the County's best
interest to enter into the Agreement on that date. Agree to provide all matching funds required
for said project, and abide by the statutes and regulations governing the
Juvenile Accountability Block Grant Program, as well as the terms and
conditions of the Grant Agreement as set forth by the Board of State and
Community Corrections. Find that the
grant funds received hereunder shall not be used to supplant expenditures
controlled by this body.
Resource Management Agency
10.
Accept
the work for construction of the Golden Valley Elementary School Sidewalk
Improvements as complete by Dawson-Mauldin Construction, Inc. of Selma,
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.
11.
Approve
the designation of a one-way yield on Avenue 180 at the Avenue 180 and Road 128
intersection. Authorize the installation
of a YIELD sign on the Avenue 180 leg of the Avenue 180 and Road 128
intersection in accordance with Section 21356 of the California Vehicle Code.
12.
Approve
the Contract Change Order to direct Papich Construction Company, Inc. to
increase the thickness of the structural section under a portion of the new
southbound lanes as a part of Phase 3 of the Road 80 widening project. Find that the Board had the authority to
approve this contract change order as of November 21, 2012 and that is was in
the County's best interest to enter into the contract change order as of that
date. Authorize the Chairman to sign
said Contract Change Order, subject to review and approval as to form by County
Counsel.
Sheriff/Coroner
13.
Waive
the second reading and adopt an Ordinance amending sections 4-23-1000,
4-23-1005, 4-23-1010, and 4-23-1020 of the Tulare County Ordinance Code
pertaining to use of motorcycles, motor bikes, all-terrain vehicles and other
motor vehicles on private property.
Direct the Clerk to publish a summary of the Ordinance and post a full
copy of the Ordinance after adoption as required by law.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
14.
Approve
an agreement with Hellmuth, Obata & Kassabaum, Inc. (HOK) for Architectural
Services for the South County Detention Facility in the amount of $5,355,000
for the period of December 4, 2012 to August 15, 2018. Authorize the Chairman to sign the agreement,
subject to County Counsel review and approval as to form.
15.
Approve
an agreement with Kitchell CEM, Inc. for Construction Management Services for
the South County Detention Facility in the amount of $4,034,970 for the period
of December 4, 2012 to August 15, 2018.
Authorize the Chairman to sign the agreement, subject to County Counsel
review and approval as to form.
16.
Presentation
given by Resource Management Agency regarding Building and Housing Division
Update.
(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 – EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: City of Dinuba, et al. vs. County of Tulare, Rita Woodard, et al. Tulare
County Superior Court #11-243161
Next Item(s)
Sitting as...
ITEM
B
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: AE vs. County of Tulare, et al.
United States District Court Case No. 1:09-CV-02204-LJO-DLB
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Trujillo, et al. vs. County of
Tulare, et al. U. S. District Court No.
12CV01845
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: 25
Next Item(s)
Sitting as...
ITEM
E
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
F
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
G
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
H
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Home Builders Association vs.
County of Tulare, et al. Tulare County Superior Court Case Number 156119
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: 1
Potential
Litigation Regarding Opposition to the Tulare County Traffic and Facilities
Development Impact Fee Program
Next Item(s)
Sitting as...
ITEM
J
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
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 LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation
(Government
Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 1
Department
of Fair Employment and Housing Complaint No. 25163-12555
Equal
Employment Opportunity Commission Complaint No. 37AB20602737A-2012-445025-C
Next Item(s)
Sitting as...
ITEM
M
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 1
Department
of Fair Employment and Housing Complaint No. E201112C0307-01re
Equal
Employment Opportunity Commission Complaint No. 37AB206027
Next Item(s)
Sitting as...
ITEM
N
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 1
Department
of Fair Employment and Housing Complaint No. E201112C0307-03re
Equal
Employment Opportunity Commission Complaint No. 37AB206027
Next Item(s)
Sitting as...
ITEM
O
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation (Government Code Section 54956.9 (b)(1).)
Number of
Potential Cases: 1
Department
of Fair Employment and Housing Complaint No. E201112C0307-02re
Equal
Employment Opportunity Commission Complaint No. 37AB206027
Next Item(s)
Sitting as...
ITEM
P
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...
