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


November 13, 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.                  12:00 p.m. - 1:30 p.m. County Center Rotary meeting for a Veterans Day Program, Lamp Liter Inn, 3300 W. Mineral King, Visalia.

2.                  Presentation given by Health & Human Services acknowledging those Tulare County Restaurants and Retail Food Establishments who have attained the Certificate of Excellence in Food Safety Award during the past year.

3.                  Public Comments.

4.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

5.                  PUBLIC HEARING: Request from Resource Management Agency to accept a Categorical Exemption consistent with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, pursuant to Section 15303, Class 3 pertaining to new construction of limited small new facilities. Approve Tentative Tract Map No. TM 807, filed by Lane Engineers, Inc., 979 N. Blackstone, Tulare, CA 93275 on behalf of Keith and Lisa Wilson, 4731 Avenue 400, Dinuba, CA 93618 for the division of a 2.59-acre parcel into two residential lots and a Remainder (Lot 1 = 19,150 sq. ft.; Lot 2 = 19,150 sq. ft.; Remainder = 87,120 sq. ft.) in the R-A-12.5 (Rural Residential - 12,500 sq. ft. minimum) Zone, located on the north side of Avenue 393, approximately 1,000 feet west of Road 34, adjacent to the south boundary of the Kings River Golf and Country Club, approximately two miles southeast of the City of Kingsburg. Adopt the Findings of Approval for Tentative Tract Map No. TM 807 as set forth in the Resolution. Adopt the Conditions of Approval for Tentative Tract Map No. TM 807 as set forth in the Resolution. Direct the Resource Management Agency to file the Notice of Exemption with the Tulare County Clerk-Recorder.

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 31)

 

 

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.                  Ratify the following Proclamations: Declaring the month of November 2012 as Court Adoption and Permanency Month; and Recognizing the efforts of outgoing Porterville Chamber Board Chair Dr. Amber Bush Wiloth.

7.                  Appoint John Crivello, County Representative-Alternate to the Indian Gaming Local Community Benefit Committee for a term ending June 30, 2015.

8.                  Appoint the following individuals In Lieu of Election for Short-Terms ending December 5, 2014:

Springville Memorial District

 

Pixley Public Utility

David W. Eshelman, Director 5-Veteran

 

Ronald G. Prine, Director-Seat 2

 

 

9.                  Appoint the following individuals In Lieu of Election for Full-Terms ending December 2, 2016:

Goshen Community Service District

 

Alta Health Care District

Katheryn Garza, Director

 

Irene Atilano, Zone No. 5

Helen Gonzalez, Director

 

 

 

 

 

Lindsay Hospital District

 

Kaweah Delta Health Care District

Greag McQueen, Director

 

Jonathan "Jody" Graves, Director Zone No. 1

Rachel L. Hill, Director

 

John E. Hipskind, Director Zone No. 3

Roberta "Bobbie" Valasquez, Director

 

Maria Teresa Ramos, Director Zone 5

 

 

 

Exteter Ambulance District

 

North Kern-South Tulare Hospital

Daymon Qualls, Director

 

Lorene Hill, Director Seat 4

Richard V. Downs, Director

 

Jaime Mendoza, Director Seat 5

Wes Grim, Director

 

 

 

 

Dinuba Memorial District

Tulare Local Health District

 

Robert O. Olivas, Director 3-Veteran

Sherrie Bell, Director Area 4

 

Joe Trinidad Rivera, Director 4-Veteran

 

 

Jerry L. Whitaker, Director 5-Non-Veteran

 

 

 

Orosi Memorial District

 

Springville Memorial District

Roger Norton, Director 4-Veteran

 

John T. Millwee, Director 1-Veteran

Joe Quevedo, Director 5-Non-Veteran

 

Jason I. Otter, Director 2-Veteran

 

 

Larry L. Marcotte, Director 3-Veteran

 

 

 

Tulare Memorial District

 

Pixley Public Utiliey

James Pidgeon, Director 1-Veteran

 

Robert Chandler, Director - Seat 4

Philip E. Vandergrift, Director 2, Veteran

 

Roger Ward, Director - Seat 5

Manual J. Toledo, Director 3, Veteran

 

 

 

County Administrative Office

10.             Ratify actions taken by the County Administrative Officer during the month of October 2012 regarding Good Works Funding Agreements.

11.             Rescind Tulare County Agreement No. 24583-B. Approve Amendment Two to Agreement No. 24583 with the Tulare County Association of Governments (TCAG) Joint Powers Agreement among the cities and the County to give TCAG the authority to implement and manage a Regional Transportation Impact Fee Program and to join the Central California Railroad Authority.

 

 

12.             Approve a Memorandum of Understanding with the Superior Court of Tulare County for the provision of internal services for County managed court facilities and for the cost of a Legal Processing Clerk, II for the Pre-Trial facility, retroactive to July 1, 2012 through June 30, 2013. 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 Memorandum of Understanding on that date.

13.             Approve a Resolution constituting the Order to Reorganize School Districts for the new Unified School District in the Exeter area. Direct the Clerk to file certified copies of the Resolution and required attachments with the State Board of Equalization, Assessor, Auditor-Controller/Treasurer-Tax Collector, State Superintendent of Public Instruction, and County Superintendent of Schools.

14.             Approve a Resolution requesting a modification to the AB 109 (2011 Realignment) allocation formula to provide funding more closely tied to offender populations. Approve sending copies of the Resolution to Governor Brown, Members of Legislature representing Tulare County, the California State Association of Counties, and the County Administrative Officers Association of California.

District Attorney

15.             Authorize the submission of a National Women's Health Week 2013 grant application for $1,305 from the U.S. Department of Health and Human Services, Office on Women's Health, to promote healthy behaviors in Tulare County.

16.             Ratify and approve the Grant Award Agreement from the State of California, Department of Justice, Attorney General's Privacy and Piracy Fund in the amount of $31,475 for Fiscal Year 2012/2013, retroactive to July 1, 2012. Ratify the District Attorney's, or his designee's, signature on the Recipient Award and Disbursement Approval on behalf of the Chairman, 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. Approve the necessary budget adjustments (4/5ths vote required).

17.             Ratify and approve the Grant Award Agreement for acceptance of grant funding from the Insurance Commissioner of the State of California for the Workers' Compensation Insurance Fraud Prosecution Program in the amount of $504,393, retroactive to July 1, 2012 through June 30, 2013, and recognize an additional $5,019 in carry over funds from Fiscal Year 2011/2012, for a total of $509,412. Ratify and approve the District Attorney's signature on the Agreement. 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.

Fire Department

18.             Approve the Capital Asset purchase of two (2) Self Contained Breathing Apparatus Fit Testing Machines in the amount of $19,200. Approve the necessary budget adjustments (4/5ths vote required).

 

Health & Human Services Agency

19.             Reappoint Kyle Melton, Seat No. 3 and George Patterson, Seat No. 5 to the Kings/Tulare Area Agency on Aging Advisory Council for terms ending December 31, 2016.

20.             Approve the acceptance of funds from the California Emergency Management Agency for the Fiscal Year 2012 Emergency Management Performance Grant in the amount of $215,494, retroactive to July 1, 2012 through June 30, 2013. Find that the Board had authority to accept the grant funds as of July 1, 2012, and that it was in the County's best interest to accept the funding on that date.

21.             Approve the Capital Asset purchase of up to 4 portable radios for the Office of Emergency Services for Fiscal Year 2012/2013 budget in the amount of $20,000.00. Approve the necessary budget adjustments (4/5ths vote required).

22.             Approve an amendment to Agreement No. 24418 with the Tulare Joint Union High School District to receive immunizations or public health services from Tulare County Health & Human Services Agency, retroactive to July 1, 2012 through June 30, 2015. Find that the Board had authority to enter into the proposed amendment as of July 1, 2012, and that it was in the County's best interest to enter into the amendment on that date.

23.             Approve an agreement with the Tulare County Office of Education, Special Services for Tulare County Health & Human Services Agency, as the Local Government Agency, to act as the claims processing agent of Medi-Cal Administrative Activities claims on behalf of their school district, retroactive to July 1, 2012 through June 30, 2015. Find that the Board had authority to enter into the agreement as of July 1, 2012, and that it was in the County's best interest to enter into the agreement on that date.

24.             Approve an agreement with the Laboratory Corporation of America for use of the Laboratory Data Management System, retroactive from July 3, 2012 through June 30, 2013. Find that the Board had authority to enter into the proposed agreement as of July 3, 2012 and that it was in the County's best interest to enter into the agreement on that date.

Probation

25.             Approve the Capital Asset purchase of two (2) Cellebrite Forensic Devices equipment and software in the amount of $21,768.

Resource Management Agency

26.             Authorize the extension of closure of Earlimart Transfer Station to January 1, 2013. Find that the transfer station closure extension is 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 Notice of Exemption with the Tulare County Clerk.

27.             Approve Program Supplement No. N066 to Administering Agency-State Agreement for Federal-Aid Project No. 06-5946 for the Preliminary Engineering Phase of the Avenue 148 and Road 256 Traffic Signal project.

28.             Approve the letter to the Tulare County Transportation Authority regarding Tulare County's request that the Measure R Expenditure Plan Amendment Number Three include a provision that 50 percent of the surplus identified in the Transit/Bikes/Environment component of the Measure R Expenditure Plan not be programmed by this amendment and that it be carried over into the second 15 years of the plan. Authorize the Chairman to sign the letter to the Tulare County Transportation Authority.

Retirement

29.             Approve and adopt the proposed revisions to the Tulare County Employees' Retirement Association's Bylaws as approved by the Board of Retirement on October 10, 2012.

Sheriff/Coroner

30.             Accept monetary donations of $9,856.87 from Friends of Tulare County designated for the Sheriff's K-9 Unit, the Tulare County Sheriff's Explorers Program, and the Tulare County Police Officer Memorial and Educational Foundation.

31.             Ratify the Chairman's signature on a grant application to the Board of State and Community Corrections for Fiscal Year 2012/13 for $331,546 to operate the South Valley Marijuana Suppression Program, retroactive to October 1, 2012 through September 30, 2013. Approve operating agreement between the Tulare County Sheriff's Department, the Tulare County District Attorney's Office, the Fresno County Sheriff's Office, and the Fresno County District Attorney's Office for the South Valley Marijuana Suppression 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.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

32.             Request from Resource Management Agency to approve the Funding Agreement with the California Department of Public Health for $691,000 to complete a feasibility study in meeting safe drinking water standards for the communities of Seville and Yettem. Authorize the Chairman of the Board to sign the Funding Agreement, and any amendments thereto, from the California Department of Public Health, for the Seville and Yettem Water Systems. Designate the Assistant Director-Public Works, a Registered Engineer to: be Grant Administrator; approve claims for reimbursement; sign the project's Budget and Expenditure Summary; sign the Certification of Project Completion; and sign the Final Release Form. Authorize the Tulare County Auditor to make the necessary budget adjustments establishing a separate budget line that includes project and funding agreement numbers (4/5ths vote required).

33.             Presentation given by Resource Management Agency regarding an update of the Road Operations Division.

(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: Farshad A. Tafti vs. County of Tulare, et al.

Fifth District Court of Appeal Case No. F065047

US Bankruptcy Court Case No. 12-12998-A-11 and Case No. 12-01075-A

Next Item(s) Sitting as...

ITEM B

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 C

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 No. 156119

Next Item(s) Sitting as...

ITEM D

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 E

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 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 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 Tulare County General Plan 2030 Update

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: 3

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

CONSIDER PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:

Details

Board Representative II

(Government Code Section 54957.6)

Next Item(s) Sitting as...

ITEM L

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...