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


 

January 29, 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.                  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a) Determine that the property was appropriately sold at the 2012 tax default sale, and that the tax deed should not be rescinded; b) Determine that the property should not have been sold, and that there is no bona fide purchaser for value, rescind the sale, and order a refund to be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)

 

 

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

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

 

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

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...