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


 

December 4, 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.                  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)

 

 

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/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

 

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: 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...