MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL -Chairman

District Two

 

PHILLIP A. COX -Vice Chairman

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


 

June 4, 2013

 

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 the Resource Management Agency to certify that the Mitigated Negative Declaration for the Road 182 Deep Creek Bridge Replacement Project is complete and adequate and has been completed in compliance with the California Environmental Quality Act and the State California Environmental Quality Act Guidelines. Find that the Project is accurately described in the Mitigated Negative Declaration. Approve the Project as described in the Mitigated Negative Declaration. Find that significant impacts could result from the Project, but are mitigated to a level that is less than significant by Project features or deliberate mitigation measures. Approve and adopt the Mitigated Negative Declaration, including the accompanying Mitigation Monitoring and Reporting Program. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Determination with the County Clerk.

4.                  PUBLIC HEARING: Request from the Resource Management Agency to continue the Public Hearing from April 30, 2013 to July 30, 2013, for the adoption of building permit fee adjustment for General Plan maintenance.

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 23)

 

 

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

5.                  Review and accept the Certified Statement of Vote as submitted by the Registrar of Voters for the Special Primary Election for Senate District 16 held on May 21, 2013 for which the Board of Supervisors is the governing body.

Board of Supervisors

6.                  Appoint Supervisor Phil Cox, Board of Supervisors and Jeff Cardell, Department Head to the Tulare County Audit Committee to serve at the Pleasure of the Board.

7.                  Appoint Darlene Kilmartin to the Sequoia Area VIII Board on Developmental Disabilities for a term ending December 31, 2015.

8.                  Reappoint Robert Moore to the Tulare County Pest Control District for a term ending January 2, 2017.

 

Capital Projects/Facilities

9.                  Approve the bid documents for the Youth Facility Roofing Project. Authorize the advertisement of bids for the subject project. Set the bid opening for the project at 2:00 p.m. on Thursday, July 11, 2013.

County Administrative Office/Clerk of Board/General Services

10.             Approve changes in designated officials and employees in the Tulare County Conflict of Interest Code as recommended by County departments and agencies.

11.             Approve an agreement with the State of California - Natural Resources Agency Department of Parks and Recreation in the amount of $63,278 for improvements to Ledbetter Park in Cutler-Orosi, retroactive to July 1, 2011 through June 30, 2015. 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. Authorize the Chairman to sign the Deed Restriction. Appoint the County Administrative Officer, or his authorized designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, subject to County Counsel approval, which may be necessary for completion of project(s).

Probation

12.             Authorize the submission of an application for continued grant funding, available through the Juvenile Accountability Block Grants Program and administered by the Board of State and Community Corrections, in the amount of $27,638, with a $3,071 match, for the period of July 1, 2013 through June 30, 2014. Agree to provide all matching funds required for said project, and abide by the statutes and regulations governing the Juvenile Accountability Block Grants 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

13.             Authorize the filing of a Notice of Partial Non-Renewal for the following Land Conservation Contract as provided in the Williamson Act. The request fulfills a condition resulting from the creation of a parcel map. Approve the execution of an amendment to the Land Conservation Contract as a condition of approval for the aforementioned partial non-renewal:

PNR 09-019 - Williamson Act Contract No. 7304, Ag Preserve No. 2587, located at Avenue 408 south of Dinuba (Ron D. Peters and Linda A. Peters) (1.97 acres from 19.61 acres non-renewed as a condition of PPM 08-104) (19.61 acres in two parcels subject to contract amendment).

 

 

14.             Rescind Resolution 2013-0196 adopted by the Board of Supervisors on April 2, 2013 related to the use of force account by County forces pursuant to Public Contract Code Section 22031. Approve the use of County forces to perform force account work, as allowed under Public Contract Code Section 22031, for the projects identified on Exhibit A.

15.             Approve the Measure R Program Supplement to the Cooperative Agreement with the Tulare County Transportation Authority for the John J. Doyle Elementary School Pedestrian Safety Improvements.

16.             Declare their intent to vacate a portion of Road 164 north of Avenue 16, more particularly described in Exhibit A. Set a Public Hearing for July 9, 2013 at 9:30 a.m. or thereafter, in the Board of Supervisors Chambers, 2800 W. Burrel Avenue, Visalia to consider the vacation of the aforementioned road. Direct the Resource Management Agency to publish and post the notice of public hearing in accordance with the Streets and Highways Code.

17.             Declare their intent to vacate excess right of way on Road 168 north of Avenue 128 Southwest of Poplar, more particularly described in Exhibit A. Set a Public Hearing for July 9, 2013 at 9:30 a.m. or thereafter, in the Board of Supervisors Chambers, 2800 W. Burrel Avenue, Visalia to consider the vacation of the aforementioned roads. Direct the Resource Management Agency to publish and post the notice of public hearing in accordance with the Streets and Highways Code.

18.             Introduce and waive the first reading of an Ordinance amending Section 3-01-1180, Part III, Chapter 1, Article 3 of the County Ordinance Code pertaining to speed limits. Set the second reading for June 25, 2013.

19.             Adopt the updated (2013) Targeted Employment Areas for the Sequoia Valley Enterprise Zone.

Sheriff/Coroner

20.             Approve a Memorandum of Understanding with the United States Forest Service, retroactive to February 1, 2013, and to be automatically extended for annual renewals. Find that the Board had authority to enter into the proposed Memorandum of Understanding as of February 1, 2013, and that it was in the County's best interest to enter into the Memorandum of Understanding on that date.

21.             Approve an agreement with the County of Kings to access County of Tulare's Automated Fingerprint Identification System effective from the date of signing and remaining in effect until terminated by either party or no longer authorized by law.

22.             Approve an amendment to Agreement No. 22857 with Lexipol to include the development of a policy and procedure manual for the Detentions Division of the Sheriff's Department.

23.             Approve a budget adjustment for the California Multi-Jurisdictional Methamphetamine Enforcement Team Program in the amount of $100,319. Approve the necessary budget adjustments (4/5ths vote required).

(Items Not Timed)

 

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

24.             Request from the County Administrative Office to consider, modify as needed, and approve the response to the Tulare County Grand Jury 2012/2013 Final Report regarding the report entitled, "Holding Cells". Authorize the Chairman to sign the response letter.

25.             Request from the Sheriff's Department to approve a Personnel Resolution to add eight (8) Correctional Deputies and three (3) Sheriff's Security Officers to the position allocation, effective July 1, 2013, for the new Porterville Courthouse of the Tulare County Superior Court system.

26.             Presentation given by the Workforce Investment Board on the 2012 Career Connection Youth Program. Authorize the 2013 Career Connection Youth Program to be funded for $100,000 on July 1, 2013.

27.             Request from the Resource Management Agency to approve the Capital Asset purchase of a Reverse Osmosis Drinking Water System in the amount of $9,730 for the Terra Bella Road Maintenance Facility, Resource Management Agency Roads Division. Approve the necessary budget adjustments (4/5ths vote required).

28.             Presentation given by the Resource Management Agency, Public Works Branch on the 2013/2014 Road Maintenance Program.

(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 (d)(2)]

Number of Potential Cases: 1

Application for Leave to Present an "Amended" late claim filed by the Law Offices for Georges G. Romain on behalf of Cruz Barreras

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (d)(1)]

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

Tulare County Superior Court Case Number 249061

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property Description: APN 251-140-029

Agency Negotiator: Jean Rousseau and Robert Newby

Negotiating Parties: Allied Contractors Inc.

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation [Government Code Section 54956.9 (d)(2)]

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM E

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...