(Public Comment Period)
1.
State
of the County presented by Chairman Pete Vander Poel.
2.
Public
Comments.
3.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
4.
PUBLIC
HEARING: Request from the
Auditor-Controller/Treasurer-Tax Collector to consider whether the property as
described in the Tax Deed to purchaser of Tax-Defaulted Property filed on May
3, 2012 between the Tax Collector and Donald Beardsley should not have been
sold by the Tax Collector at the 2012 Tax Sale of Tax Defaulted Property
261-150-016-000. Take one of the
following actions: a) Determine that the
property was appropriately sold at the 2012 tax default sale, and that the tax
deed should not be rescinded; b) Determine that the property should not have
been sold, and that there is no bona fide purchaser for value, rescind the
sale, and order a refund to be issued to the purchaser of the property, or his
successor in interest, for the purchase amount of the property, plus interest
as specified in Revenue and Taxation Code section 3731; c) Determine that the
property should not have been sold, but that there is a bona fide purchaser for
value, and therefore the County has no power to rescind the sale; or d) Take
such other action authorized by Revenue and Taxation Code section 3731 as
appears proper to the Board after the hearing.
5.
PUBLIC
HEARING: Request from Health and Human
Services Agency to adopt fees for Environmental Health, Cottage Food Operation
Registration and Permitting Services pursuant to the California Health and
Safety Code amended by Assembly Bill 1616 (California Government Code
§51035) beginning February 1, 2013.
6.
Request
from Resource Management Agency to approve the categorical exemption pursuant
to the California Environmental Quality Act (CEQA) and the State CEQA
Guidelines (General Rule Exemption per Section 15061(b)(3)) for the proposed
Cottage Food Operations Policy. Direct
the Environmental Assessment Officer, or designee, of the Tulare County
Resource Management Agency (RMA) to file the appropriate exemption with the
Tulare County Clerk. Approve the Cottage
Food Operations Permit Policy requiring that any applicant for a Cottage Food
Operation as allowed by AB 1616 obtain from the RMA Director, or designee, an
Administrative Special Use Permit (including any necessary building permits)
and pay the fees for such permits. Direct RMA to prepare and process
accordingly any necessary ordinance amendments and other necessary documents
applicable to the permit processing of Cottage Food Operations and related
matters.
7.
PUBLIC
HEARING: Request from the Resource Management
Agency to review and receive comments regarding the adoption of the proposed
revised Community Development Block Grant Program Income Reuse Plan. Adopt the proposed revised Program Income
Reuse Plan and authorize the Chairman to sign the Program Income Reuse Plan.
8.
PUBLIC
HEARING: Request from the Resource Management
Agency to consider certification and adoption of the proposed Negative
Declaration for the Earlimart Neighborhood Park Project. Certify and adopt the Negative Declaration as
being complete, adequate and in compliance with the California Environmental
Quality Act and the State California Environmental Quality Act Guidelines. Authorize the Environmental Assessment
Officer, or designee, to sign and file the Notice of Determination with the
County Clerk. Authorize the Chairman of
the Board of Supervisors, or designee (e.g., Environmental Assessment Officer),
to sign the California Environmental Quality Act Compliance Certification Form.
(Consent Calendar)
CONSENT CALENDAR (Number 9 through 30)
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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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Agricultural Commissioner/Sealer
9.
Approve
an agreement with the California Department of Food and Agriculture for
providing State subvention in the amount of $187,322 to offset costs of
providing exotic pest detection trapping services, retroactive to July 1, 2012
through June 30, 2013. 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.
10.
Approve
an agreement with the California Department of Food and Agriculture for
providing State subvention in the amount of $15,410 to offset costs of
providing pest detection trapping services for Light Brown Apple Moth,
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.
11.
Approve
an agreement with the California Department of Food and Agriculture for
providing State subvention in the amount of $1,840 to offset the costs of
providing the Pink Bollworm Cotton Plowdown and Host-Free Monitoring Program,
retroactive to December 1, 2012 through March 31, 2013. Find that the Board had authority to enter
into the proposed Agreement as of December 1, 2012, and that it was in the
County's best interest to enter into the agreement on that date.
Auditor-Controller/Registrar of Voters/Treasurer-Tax
Collector
12.
Approve
an agreement with SST Benefits Consulting and Insurance Services, Inc. for the
Tulare County Defined Contribution Plan consulting services, retroactive to
January 1, 2013 through December 31, 2015.
Find that the Board had authority to enter into the proposed agreement
as of January 1, 2013, and that it was in the County's best interest to enter
into the agreement on that date.
13.
Approve
the Resolution to conduct a Recall Election of the Governing Board Members for
Stone Corral Elementary School District and elect two Governing Board Members
to fill the short term seats if the recall is successful in the Election to be
held on April 9, 2013. Authorize the
election official to perform all necessary and required services to the
aforementioned Districts relating to the conduct of the Local Contests/Measures
and General Election. Consent to the
conducting of said election and 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 10400 and following of the Elections Code. Agree that the District shall reimburse the
County in full for the services performed in connection with this election,
upon presentation of a bill from the election official to the District. Agree that the election official will prepare
a certified statement of the results of the election and submit it to the
governing body within 28 days of the election.
Agree that the election included in Appendix A is to be conducted as set
forth above.
14.
Approve
the candidate statement regulations and printing fees for the April 9, 2013
Recall Election for Stone Corral Elementary School District. Require each candidate filing a statement to
pay the estimated cost in advance. The
estimated cost will be adjusted to actual cost upon completion of the
election. Candidates will be refunded or
billed for the difference. Limit each
candidate's statement to no more than 200 words for Local Offices.
Board of Supervisors
15.
Ratify
the following Proclamations: Honoring
James Olvera for his dedication and service to the City of Dinuba; Honoring
Patrick Kennedy for earning the rank of Eagle Scout; Honoring Johnathan Benson
for earning the rank of Eagle Scout; and Honoring V. John Walker Gonzalez for
earning the rank of Eagle Scout.
16.
Reappoint
Rachele Berglund Bailey, At-Large Member, to the Tulare County Library Board
for a term ending December 31, 2016.
17.
Reappoint
Robin Skiles, Seat 1 - At-Large Member, and appoint Lynne Martin-Del Campo,
Seat 2 - At-Large Member, to the Tulare County Mental Health Board for terms
ending December 31, 2015.
18.
Reappoint
Joe Machado, Trustee, to the Kings Mosquito Abatement District for a term
ending January 2, 2015.
19.
Reappoint
Tom Smith, Tom Link and Shirley Salas to the Visalia Cemetery District for
terms ending January 7, 2017.
20.
Reappointment
Dr. Chris Rodarte, Dr. William Goodin and Dr. Chris Ardon to the Health
Advisory Board, Community Partner Seats for terms ending February 1, 2016.
21.
Appoint
in Lieu of Election Christopher Todd Tantau, Division 1, Richard Michael
Shannon, Division 2, and Ronald Bruce Clark, Division 7, to the Kaweah Delta
Water Conservation District for terms ending March 1, 2017.
County Administrative Office/Capital Projects
22.
Award
the contract for the Tulare County Civic Center Secured Parking Lot Replacement
Project at Main Street and Sunset Drive, Visalia to the lowest responsible
bidder, Vollmer Excavation, Inc., 19760 Road 222, Strathmore, CA 93267 in the
amount of $178,709. Authorize the
Chairman to sign the construction agreement upon receipt of certificates of
insurance, bonds, license verification and contract, subject to review and
approval as to form by County Counsel.
Approve the necessary budget adjustments (4/5ths vote required).
Health & Human Services Agency
23.
Approve
the Capital Asset Purchase Agreement with Biscom for the purchase of a Biscom
Fax Server in an amount not to exceed $10,000 for the Visalia Healthcare
Pharmacy. Approve the necessary budget adjustments (4/5ths vote required).
24.
Approve
the agreements between Tulare County Health & Human Services Agency and the
Sub-recipients of the Fiscal Year 2012 Homeland Security Grant Program: Cities
of Porterville, Tulare, Visalia, and Woodlake, retroactive to October 12, 2012
through May 30, 2014. Find that the
Board had authority to enter into the proposed agreements as of October 12,
2012, and that it was in the County's best interest to enter into the
agreements on that date.
25.
Authorize
to accept Mental Health Services Act, Prevention and Early Intervention
Statewide funds in an amount not to exceed $400,000 for Fiscal Years 2012/2013
and 2013/2014 from Kings County to address the shared mental health needs of
both counties. Approve the necessary
budget adjustments (4/5ths vote required).
Human Resources & Development
26.
Introduce
and waive the first reading of an Ordinance to amend Section 1-07-1055 of
Chapter 7 of Part 1 of the Tulare County Ordinance Code pertaining to
retirement contributions by thirty (30) year members. Set the second reading for February 5, 2013.
Information & Communications Technology
27.
Approve
the request for technology enhancements and associated projected costs for the
Tulare County Health & Human Services Agency, TulareWORKs Division. Approve the necessary budget adjustments
(4/5ths vote required).
28.
Accept
the additional Public Safety Interoperable Communication Grant Program funds in
the amount of $8,476. Approve the
necessary budget adjustments (4/5ths vote required).
29.
Approve
an agreement with CVIN, LLC for use of the communications tower located at the
Pixley Fire Station for the period of January 29, 2013 to July 29, 2013.
Resource Management Agency
30.
Approve
the designation of a four-way STOP at the intersection of Avenue 310 and
Robinson Road. Authorize the
installation of STOP signs at the Avenue 310 and Robinson Road intersection to
remain in accordance with Section 21351 of the California Vehicle Code.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
31.
Request
from the Agricultural Commissioner/Sealer to approve the Personnel Resolution
for re-classification of one (1) Office Assistant III position (Position No.
0057) to one (1) Administrative Aide position allocation and one (1)
Agricultural & Standards Inspector IV position (Position No. 0016) to one
(1) Agricultural & Standards Enforcement Officer position allocation,
subject to meet and confer.
32.
Request
from the Auditor-Controller to select the change in California per capita personal
income which is 3.77% as the cost-of-living factor for the Gann Appropriations
Limit Calculation for Fiscal Year 2012/2013.
33.
Direct
the Resource Management Agency to prepare required documents to allow the
County of Tulare to join Phase III of the PACE Program offered through
CaliforniaFIRST, returning to the Board of Supervisors with an opt-in
CaliforniaFIRST Resolution for its consideration. Direct the Resource Management Agency to
prepare a proposal to form a County-administered PACE Program consisting of
Tulare County and other cities in the County that wish to participate,
returning to the Board of Supervisors for its consideration.
34.
Request
from the County Administrative Office to approve the creation of an Audit
Committee for the County of Tulare.
Approve the Bylaws for the Audit Committee.
(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 - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9 (d)(2)]
Number of
Potential Cases: 1
Board of
Supervisors January 29, 2013 Agenda Item pertaining to Rescission of 2012 Tax
Sale of Assessor Parcel Number 261-150-016-000
Next Item(s)
Sitting as...
ITEM
B
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (d)(1)]
Name of
Case: Shona Thiesse vs. County of Tulare
Workers'
Compensation Appeals Board Case Number ADJ6596748
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WTIH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (d)(1)]
Name of
Case: James Van Valkenburg vs. County of
Tulare et al.
Tulare
County Superior Court Case Number 11-243113
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (d)(1)]
Name of
Case: Jesse Hernandez vs. County of
Tulare
Tulare
County Superior Court Case Number 11-244089
Next Item(s)
Sitting as...
ITEM
E
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
F
CONFERENCE WTIH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (d)(1)]
Name of
Case: City of Porterville vs. County of
Tulare, et al.
Tulare
County Superior Court Case Number 249043
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WTIH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9 (d)(2)]
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
H
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
[Government
Code Section 54956.9 (d)(4)]
Number of
Potential Cases: 9
Next Item(s)
Sitting as...
ITEM
I
CONFERENCE WTIH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9 (d)(1)]
Name of
Case: County of Tulare vs. City of
Porterville, et al.
Tulare
County Superior Court Case Number 249877
Next Item(s)
Sitting as...
ITEM
J
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: 920 South College Dinuba CA
Agency
Negotiator: Jean Rousseau and Robert
Newby
Negotiating
Parties: City of Dinuba
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
K
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...
