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


SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

THE TERRA BELLA SEWER MAINTENANCE DISTRICT

 

June 25, 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 approve the Resolution certifying and adopting the Final Environmental Impact Report for the South County Detention Facility as being adequate and in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, adopting CEQA Findings, and adopting the Mitigation Monitoring and Reporting Program.  Approve the Resolution authorizing the project for the construction and operation of the South County Detention Facility.  Direct the Environmental Assessment Officer of the Tulare County Resource Management Agency to file the Notice of Determination for this project with the Tulare County Clerk and State Clearinghouse.

4.                  PUBLIC HEARING:  Request from the Resource Management Agency to affirm the Planning Commission's decision approving Resolution No. 8820 and deny the appeal of Special Use Permit PSP 10-002 for the construction of a new Wastewater Treatment Facility on the south side of Reservation Road approximately one half mile west of the Tule Indian Reservation filed by the Tule River Tribal Council.  Modify the Planning Commission's decision approving Resolution No. 8820 by deleting Condition Nos. 20 and 21 from the Resolution, or, by revising said conditions.  Direct the Resource Management Agency to file a Notice of Determination with the Tulare County Clerk.

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 74)

 

 

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.

 

 

 

Agricultural Commissioner/Sealer

5.                  Approve an agreement with the California Department of Food and Agriculture in the amount of $12,075 for the County Petroleum Product Compliance Program, effective July 1, 2013 through June 30, 2014.

6.                  Authorize the Agricultural Commissioner/Sealer to sign a Memorandum of Understanding with the State of California Department of Consumer Affairs Structural Pest Control Board to administer the applicator examination, effective July 1, 2013 to June 30, 2015.

7.                  Approve an agreement with the California Department of Food and Agriculture for providing State subvention in the amount of $1,170 to offset costs of providing soil treatment supervision, commodity treatment supervision, and commodity and/or soil sampling as required by the Nematode Control Program, effective July 1, 2013 through June 30, 2014.

8.                  Approve an agreement with the California Crop Improvement Association in the amount of $1,084 for providing supervision of seed certification, effective July 1, 2013 through June 30, 2014.

Auditor-Controller/Registrar of Voters/Treasurer-Tax Collector

9.                  Approve the Resolution to conduct a Special General Election for the vacancy by Michael Rubio, Member of the State Senate from the 16th District prior to redistricting in accordance with Election Code 10703 and 10704(a).  Authorize the election official to perform all necessary and required services for the aforementioned District relating to the conduct of the Election.  Consent  to conduct said election and to the procedures to be used in the conducting of the election, and said election shall adhere to the following provisions and those set forth in Section 10704 and follow  the Elections Code.  Agree that the election official will prepare a certified statement of the results of the election and submit it to the Secretary of State within 10 days of the election.  Agree that the election is to be conducted as set forth above.

10.             Authorize the Treasurer to transfer to the General fund, pursuant to Government Code 50050, 50053, and 50055, unclaimed funds currently in the Auditor-Property Tax, Probation, and Treasurer special fund accounts.

Board of Supervisors

11.             Ratify the following Proclamations:  Recognizing June 15 as the Hoppert's 50th Wedding Anniversary; and Honoring the 100th Anniversary of the P.P.A.V. Festa Do Divino Espirito Santo.

12.             Appoint Kelly Williams, Seat 15 - At-Large Member to the Tulare County Mental Health Board for a term ending December 31, 2014.

13.             Appoint Pete Vander Poel, Board of Supervisors Seat to the Tulare County Audit Committee to serve at the Pleasure of the Board.

Child Support Services

14.             Approve the Plan of Cooperation Agreement between the Superior Court of the State of California for the County of Tulare and the Department of Child Support Services, effective August 1, 2013 through July 31, 2016.

15.             Approve the Plan of Cooperation Agreement between the Superior Court of California for the County of Tulare, Family Law Facilitator and the Tulare County Child Support Services, effective August 1, 2013 through July 31, 2016.

Capital Projects and Facilities

16.             Approve the bid documents for the Visalia Health Care Center 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 25, 2013.

 

County Administrative Office

17.             Ratify actions taken by the County Administrative Officer during the month of May 2013 regarding Good Works Agreements.

18.             Approve an amendment to Agreement No. 24588 with Carpi Clay & Smith to extend the term of the agreement to June 30, 2014 for Federal legislative services.

19.             Approve an amendment to Agreement No. 24589 with Strategic Local Government Services, LLC. to extend the term of the agreement to June 30, 2014 for State legislative services.

20.             Declare certain real property in the City of Dinuba designated as Assessor's Parcel Number 018-121-009 to be surplus.  Approve the Property Transfer Agreement with the City of Dinuba.  Authorize the Chairman of the Board of Supervisors to execute the Property Transfer Agreement and the Grant Deed describing the property to the City of Dinuba.  Approve the categorical exemption pursuant to the California Environmental Quality Act Guidelines (General Rule Exemption per Section 15312) for the transfer of this surplus property.  Direct the Environmental Assessment Officer, or designee, of the Tulare Resource Management Agency to file the appropriate exemption with the Tulare County Clerk.  Authorize the County Administrative Officer, or his designee, to approve and execute all additional documents to consummate this transfer of property.

21.             Approve sending a letter of opposition, unless amended, to SB 439 (Steinberg) which would exempt qualified individuals, cooperatives, and collectives from criminal liability under several sections of the Health and Safety Code.

22.             Approve and authorize a Personnel Resolution transferring three positions from the General Services Department to the Capital Projects and Facilities Department and one position from the County Administrative Office to Capital Projects and adding three positions to the Capital Projects and Facilities Department allocation, effective July 1, 2013 for the transition of services from General Services Administration.  Authorize the County Administrative Officer and Auditor's Office to make adjustments in the Fiscal Year 2013/2014 Budget as necessary.

County Counsel/Risk Management Division

23.             Approve the Training Program for special districts and independent agencies on the topic of basic functions and duties of local agencies.  Approve the costs of printing handouts and related materials that will be distributed to participants during the presentation, and of purchasing box lunches for a dinner break.

24.             Authorize Risk Management to renew the County's Excess Workers' Compensation, General Liability and Optional Excess Liability, Aviation, Master Crime Bond, Watercraft, and Cyber Liability Insurance programs through California State Association of Counties-Excess Insurance Authority (CSAC-EIA) and authorize Risk Management to pay the premium invoices upon receipt.  Ratify the renewal of the Property Insurance Program through CSAC-EIA as of March 31, 2013, and find that it was in the County's best interest to enter into the agreement on that date.  Find that Risk Management had authority to renew the Property Insurance Program as of March 31, 2013, and that it was in the County's best interest to enter into the agreement on that date.  Authorize the Risk Manager, in consultation with the County Administrative Office, to approve the payment of insurance program costs and premiums unless directed otherwise by the Board of Supervisors.

District Attorney

25.             Approve an agreement with the California Emergency Management Agency in the amount of $265,416 to provide continuing funding for the Victim/Witness Assistance Program for the period of July 1, 2013 through June 30, 2014.  Authorize the Chairman to sign the Grant Award Face Sheet and the Certification of Assurance of Compliance.  Authorize the County Administrative Officer, or his designee, to sign said Certification of Assurance of Compliance.

Health & Human Services Agency

26.             Approve a project request for Tulare County Health & Human Services Agency, Visalia Health Care Center exam room conversion.  Approve the adjustment in the Capital Asset line and Fiscal Year 2012/2013 budget in the amount of $125,000 for the Visalia Health Care Center exam room.  Approve the necessary budget adjustments (4/5ths vote required).

27.             Approve an amendment to Agreement No. 21965 with Addiction Research and Treatment Inc., d.b.a BAART to extend the term of the agreement from July 1, 2013 through June 30, 2016 and increase the amount not to exceed $5,511,000 for the provision of a Drug/Medi-Cal Methadone and Drug/Medi-Cal Perinatal Methadone Maintenance Program.

28.             Approve an amendment to Agreement No. 21997 with Turning Point of Central California, Inc. d.b.a Turning Point Youth Services to extend the term of the agreement from July 1, 2013 through June 30, 2016 and increase the amount not to exceed $1,938,000 for the provision of drug and alcohol treatment services.

29.             Approve an amendment to Agreement No. 25021 with Arieh R. Whisenhunt, M.D. to extend the term from July 1, 2013 through June 30, 2014, and increase the amount not to exceed $310,000 for the provision of psychiatric services.

30.             Approve an amendment to Agreement No. 25036 with CF Merced, LLC d.b.a Country Villa Merced Behavioral Health Center, a locked skilled nursing facility to extend the term of the agreement from July 1, 2013 to June 30, 2014 and increase the amount not to exceed $950,000 for the continued provision of stabilization and long-term maintenance for mentally disabled clients.

31.             Approve the Second Amended and Restated Joint Exercise of Powers Agreement No. 25335 that governs operations of the California Mental Health Services Authority (CalMHSA).  Authorize the Tulare County Health & Human Services Agency Director of Mental Health to sign the agreement.

32.             Approve the Memorandum of Understanding between the Tulare County Health & Human Services Agency, Child Welfare Services Division and Esperanza Foster Family Agency to provide services on behalf of Child Welfare Services foster children through cooperation, collaboration, and sharing of appropriate information, effective July 1, 2013 through June 30, 2016.

33.             Approve an agreement with Cutler-Orosi Joint Unified School District in an amount not to exceed $101,167 for the delivery of Time-Limited Family Reunification Services to at-risk families, effective July 1, 2013 through June 30, 2014.

34.             Approve an agreement with Aspiranet in an amount not to exceed $110,000 for the delivery of a Pre and Post Adoption Support Services Program, effective July 1, 2013 through June 30, 2014.

35.             Approve an agreement with Aspiranet in the amount of $215,680 for the delivery of Transitional Housing Program Plus services, effective July 1, 2013 through June 30, 2014.

36.             Approve an agreement between TulareWORKS Division and Intelegy Corporation for consultation services from July 1, 2013 through June 30, 2014 in an amount not to exceed $156,300 for the development and implementation of a strategy to adopt Service Center business processes and policies in anticipation of the Affordable Care Act scheduled to become effective in October 2013.

37.             Approve an agreement with the Tulare County Superintendent of Schools in an amount not to exceed $402,435 for the administration of the More Opportunities for Viable Employment (MOVE) Program, effective July 1, 2013 through June 30, 2014.

38.             Approve an agreement with Tulare County Office of Education for the Children of Promise Program in an amount not to exceed $288,227, effective July 1, 2013 to June 30, 2014.

39.             Approve an agreement with the California Department of Public Health, Office of AIDS, for the AIDS Drug Assistance Program in the amount of $17,295, retroactive to July 1, 2012 through June 30, 2015.  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.

40.             Approve the agreements with Kaweah Delta Health Care District and Sierra View Local Health Care District for the TulareCare Low Income Health Program, retroactive to March 15, 2013 through June 30, 2014.  Find that the Board had authority to enter into the proposed agreements as of March 15, 2013, and that it was in the County's best interest to enter into the agreements on that date.

41.             Approve an agreement with Parenting Network in an amount not to exceed $114,000 for delivery of Differential Response to at-risk families, effective July 1, 2013 through June 30, 2014.

42.             Approve an agreement with David E. Kilgore, M.D. in an amount not to exceed $216,000 for the provision of psychiatric services, effective July 1, 2013 through June 30, 2014.

43.             Approve an agreement with the California Department of Health Care Services for the provision of Specialty Mental Health Services for eligible Tulare County Medi-Cal beneficiaries, retroactive to May 1, 2013 through June 30, 2018.  Find that the Board had authority to enter into the proposed Agreement as of May 1, 2013 and it was in the County's best interest to enter into this agreement on that date.

44.             Approve an agreement with Alternative Services, Inc. to allow Tulare County Health & Human Services Agency to collect a 4.5 percent State allowed administrative fee from Alternative Services, Inc. to maintain a "Driving Under the Influence" (DUI) Program in Tulare County, effective July 1, 2013 through June 30, 2016.

45.             Approve the adjustment to the Mental Health Realignment Account for the transfer of $3,200,000 to the County General Fund, Mental Health Program.  Approve the necessary budget adjustments (4/5ths vote required).

Information & Communications Technology

46.             Approve an amendment to the renewal of license and maintenance with Service-now.com in the amount of $10,375 to provide additional five use licenses and maintenance support of Service-now.com for the period of July 11, 2013 to July 10, 2015.

47.             Approve and authorize a Personnel Resolution deleting five position allocations from the Resource Management Agency and adding five position allocations to Tulare County Information & Communications Technology, effective June 30, 2013, pending meet and confer.  Approve the necessary budget adjustments (4/5ths vote required).

Probation

48.             Accept grant funding in the amount of $2,863.50 from the United States Department of Justice, Bureau of Justice Assistance, Office of Justice Programs, Bulletproof Vest Program for Fiscal Year 2012.

49.             Accept the Public Safety Realignment Act funding of $11,715,220.  Approve the proposed Public Safety Realignment Act Budget for Fiscal Year 2013/2014 (4/5ths vote required).

50.             Approve an amendment to Agreement No. 21655 with the Porterville Unified School District to provide the services of Probation Officers for the continued operation of the Campus Probation Officer Program, retroactive to October 1, 2012 through June 30, 2013.  Find that the Board had authority to enter into the proposed amendment to agreement as of October 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

51.             Approve an amendment to Agreement No. 25592 with Turning Point of Central CA to extend the term of the agreement to June 30, 2014 to provide offenders recently realigned under State legislature continued Residential Treatment and Training Services, including Outpatient Services.

52.             Approve an amendment to Agreement No. 25986 with The PAAR Center to extend the term of the agreement to June 30, 2014 to provide offenders recently realigned under State legislature continued Residential Treatment and Training Services, including Outpatient Services.

Resource Management Agency

53.             Waive the second reading and adopt an Ordinance amending Section 3-01-1180, Part III, Chapter 1, Article 3 of the County Ordinance Code pertaining to speed limits.  Direct the Clerk of the Board to publish the Ordinance after adoption as required by law.

54.             Set a Public Hearing for July 23, 2013, at 9:30 a.m. in the Board Chambers, Administration Building, 2800 West Burrel, Visalia, California, to place delinquent water service fees for Seville Water Company on the 2013/2014 Tax Roll.  Approve the Notice of Public Hearing.

55.             Set a Public Hearing for July 23, 2013, at 9:30 a.m. in the Board Chambers, Administration Building, 2800 West Burrel, Visalia, California, to place delinquent sewer and water service fees for County Service Areas Number 1 and Number 2 on the 2013/2014 Tax Roll.  Approve the Notice of Public Hearing.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TERRA BELLA SEWER MAINTENANCE DISTICT

56.             Set a Public Hearing for July 23, 2013, at 9:30 a.m. in the Board Chambers, Administration Building, 2800 West Burrel, Visalia, California, to place delinquent sewer service fees, delinquent penalties and Auditor's collection charges on the 2013/2014 Tax Roll for the Terra Bella Sewer Maintenance District.  Approve the Notice of Public Hearing.

ADJOURN AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

57.             Prohibit motor vehicle parking on Avenue 272 from Road 100 to State Route 99 by establishing a "No Parking" zone.

58.             Approve and award the contract to the lowest responsive and responsible bidder Dawson-Mauldin Construction, Inc. of Huntington Beach, CA in the amount of $262,605.00 for construction of pedestrian improvements in the Main Street Transportation Enhancement Project in the Community of Pixley.  Authorize the Chairman to sign the contract after review and approval as to form by County Counsel and upon receipt of insurance, bonds and evidence that the contractor possesses a valid State Contractor's license.  Allow funds for contingencies in the amount of $26,261 (10%) of the contract amount to cover unforeseen construction conditions.

59.             Authorize the submittal of an application to the Department of Housing and Community Development, in response to the 2013 Notice of Funding Availability issued on May 1, 2013, for an allocation of funds not to exceed seven hundred thousand dollars ($700,000) of HOME Investment Partnerships Program.  These funds will be used to implement an Owner-Occupied Housing Rehabilitation Program and a First-Time Homebuyer Mortgage Assistance Program in the unincorporated, rural census tract areas of Tulare County.  Agree that if the application for funding is approved, the County will use the HOME Investment Partnerships Program funds for eligible activities in the manner presented in its application as approved by the Department of Housing and Community Development and in accordance with Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, in federal implementing regulation set forth in Title 24 of the Code of Federal Regulations, part 92 and the Title 25 of the California Code of Regulations commencing with section 8200.  Authorize the Chairman of the Board to execute in the name of Tulare County, the application, the Standard Agreement, any amendment thereto, and any and all other documents or instruments necessary or required by the Department of Housing and Community Development for participation in the HOME Investment Partnerships Program, subject to County Counsel review and approval.  Authorize and direct the Resource Management Agency Director, Assistant Director, Planning Branch or the Grants and Development Manager to sign funds requests and other documents necessary or required by the State Department of Housing and Community Development for completion of the 2013 HOME Investment Partnerships Program grants.  Authorize the Chairman of the Board to sign the Letter of Designation, pursuant to the provisions of the Housing and Community Development Act, Section 104(g), designating Michael C. Spata, Assistant Director, Planning Branch, to act as the National Environmental Protection Act Certifying Officer for the County of Tulare.

60.             Approve the designation of an all-way STOP control installation at the intersection of Road 208 (Rockford Avenue) and Avenue 152 (Olive Avenue).  Direct staff to install the all-way STOP signs in accordance with the provisions of Section 21351 of the California Vehicle Code and the requirements of the 2012 California Manual on Uniform Traffic Control Devices, Section 2B.07.

61.             Accept the work for the construction of Mountain Road 319 Bridge Replacement over the South Fork of the Kaweah River as complete by Emmett's Excavation, Incorporated of Clovis, 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.

62.             Accept the work for the construction of the Hillman Street/Road 108/Demaree Street Widening Project as complete by A. Teichert & Son, Inc., dba Teichert Construction of Fresno, 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.  Authorize the Chairman to sign the letter requesting the release of funds held in the escrow account.

63.             Approve an amendment to Agreement No. 24817 with Tulare County Association of Governments to extend the term of the agreement to July 31, 2013 for providing transit services to the College of Sequoias, retroactive to June 1, 2013 through July 31, 2013. Find that the Board had the authority to enter into the proposed amendment as of June 1, 2013, and that it was in the County's best interest to enter into the amendment on that date.

64.             Approve an amendment to Agreement No. 25074 with Orange Belt Stages to extend the term of the agreement to June 30, 2014 to provide public transit services on its common carrier service in Tulare County.

65.             Approve the 2013/2014 Transit Agreement with the City of Woodlake in the amount of $12,115 for the City to provide transit service to County of Tulare residents, from July 1, 2013 through June 30, 2014.

66.             Approve the 2013/2014 Transit Agreement with the City of Porterville in the amount of $306,042 for the City to provide transit service to County of Tulare residents from July 1, 2013 through June 30, 2014.

67.             Approve an agreement with the Lindsay-Strathmore Irrigation District and Strathmore Public Utility District for the transfer and conveyance of water.  Authorize the Resource Management Agency and Dennis R. Keller to take necessary actions to comply with the provisions of the Agreement.

68.             Approve an agreement with Community Services & Training, Inc. for the administration of the Neighborhood Stabilization Program generated Program Income funds in the amount of $500,000.

69.             Approve an agreement with the California Department of Fish and Wildlife for the Road 56 Packwood Creek Bridge Replacement Project.

70.             Approve an agreement with the State of California, acting by and through the Department of Transportation, for the exchange of Federal Transportation project funds amounting to $887,784 for non-Federal State Highway Funds for Fiscal Year 2012/2013.  Accept the $100,000 from the State as matching funds.

Sheriff/Coroner

71.             Authorize the submittal of an online application for the Fiscal Year 2013 Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice to fund School Resource Officers, retroactive to October 1, 2012 through September 30, 2016.

72.             Approve an amendment to Agreement No. 24622 with Alternative Services, Inc. in the amount of $204,000 to provide Alcohol and Drug counseling services for the Residential Substance Abuse Treatment Program, effective July 1, 2013 through June 30, 2014.

73.             Approve an agreement with the Visalia Unified School District in an amount not to exceed $102,000 to provide instructional services to Tulare County inmates for the period of July 1, 2013 to June 30, 2014.

Workforce Investment Board

74.             Approve the Workforce Investment Board of Tulare County's Workforce Investment Act Local Strategic Workforce Plan for Program Years 2013-2017.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

75.             Request from Human Resources and Development to approve the following salary increases and other compensation changes for Unrepresented Employees, County Elected Officers and the Board of Supervisors.  Approve a 3% salary increase for all unrepresented employees, effective July 14, 2013 except for the Probation Officer-Supervisor, which shall receive a 4% salary increase, effective July 14, 2013.  Approve a 3% salary increase for County Elected Officers, effective following the adoption of the Annual Budget for Fiscal Year 2013/2014.  Approve a 3% salary increase for the Board of Supervisors, effective sixty (60) days after the adoption of the Annual Budget for Fiscal Year 2013/2014.  Continue the current suspension of the Sick Leave Buy Back Program for Fiscal Year 2013/2014.  Continue the current suspension of the County's matching contribution in the Deferred Compensation Program for Fiscal Year 2013/2014.  Return the vacation accrual cap to three-hundred (300) hours, effective June 30, 2013, except for Fire Battalion Chiefs which shall have their vacation accrual cap return to four-hundred twenty hours (420) hours (due to their shift work), effective June 30, 2013.  Approve equity increases of 2% for the Chief Deputy County Counsel; Attorney - Supervisor and Attorney Supervisor - N; Attorney - Civil V-N; and Attorney - Chief Child Support, effective January 26, 2014.  Approve an equity increase of 4% for the Probation Officer - Supervisor, effective January 26, 2014.

76.             Request from the County Administrative Office to introduce and waive the first reading of an Ordinance amending Part VI of the Tulare County Ordinance Code, pertaining to business licenses.  Set the second reading for July 16, 2013.  Direct the Clerk to publish a summary of the Ordinance before the second reading as required by law.

77.             Request from the Resource Management Agency to consider staff's presentation and the arguments of interested parties, and determine whether a broad or strict interpretation should be applied to the Public Works Staging Area Ordinance.  Consider the evidence submitted to the Board of Supervisors (including  Sections 16 and 18 of the Tulare County Zoning Ordinance), and determine whether revocation or  modification proceedings should be initiated against Papich Construction's administrative use permit.  Consider various public policies associated with the Public Works Staging Area Ordinance, and determine whether the ordinance should be clarified and revised regarding such topics as the scope of allowed project activities on the staging area site, proximity of the public works staging area to the construction site, duration of the use permit, level of environmental review, and any other criteria applicable to public works staging areas.

78.             Request from Resource Management Agency to receive guidance and input regarding project selection for the grant applications to the Highway Safety Improvement Program.

79.             Presentation given by Resource Management Agency regarding the utilization of the California Public Utility Commission Rule 20A Program for the undergrounding of utilities.  Provide direction to staff to proceed with projects identified in the report or provide an alternative direction.

(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

Request to certify the Final Environmental Impact Report and approve the Project for the South County Detention Facility including adopting CEQA findings and the Mitigation Monitoring and Reporting Program and other the related environmental documents at Ave. 136 and Road 232 in Porterville CA. See Board of Supervisors Agenda June 25, 2013

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 2

Board of Supervisors Public Hearing on June 25, 2013 regarding the Appeal by the Tule River Tribal Council of Planning Commission Resolution No. 8820 for a wastewater collection, treatment and disposal system

Next Item(s) Sitting as...

ITEM C

CONFERENCE WTIH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (d)(4)]

Number of Potential Cases: 1

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

Board of Supervisors Agenda Item this date regarding first reading of Countywide Business License Ordinance

 

 

 

Next Item(s) Sitting as...

ITEM E

CONFERENCE WTIH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

Board of Supervisors Agenda Item this date regarding interpretation of the Tulare County Zoning Ordinance as to Public Works Staging Area Administrative Special Use Permits; Consideration of action on the Public Works Staging Area Administrative Special Use Permit issued to Papich Construction Inc., DBA Sierra Pacific Materials

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case:  Diane Scissons vs. County of Tulare

Workers’ Compensation Appeals Board Numbers ADJ7744605, ADJ7745676 and ADJ7745669

Next Item(s) Sitting as...

ITEM G

CONSIDER PUBLIC EMPLOYEE PERFORMANCE EVALUATIOON FOR THE POSITION OF:

Details

County Administrative Officer

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

Next Item(s) Sitting as...

ITEM H

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...