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


 

 

April 30, 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.                  Recognize Division Chief Ted Mendoza, Fire Department upon his retirement for his many years of County service.

 

 

 

 

2.                  Service Award Presentations.

DISTRICT 1 - Supervisor Allen Ishida

 

NAME

DEPARTMENT

SERVICE YEARS

Betsy Ellis

Health & Human Services Agency

15

Shawn Graves

Health & Human Services Agency

15

John Lee

District Attorney

15

Anita Bivian

Health & Human Services Agency

20

Melissa Powell

Health & Human Services Agency

25

Christine Ward

Health & Human Services Agency

25

Roger Hunt

Resource Management Agency

35

 

 

 

DISTRICT 2 - Chairman Pete Vander Poel

 

NAME

DEPARTMENT

SERVICE YEARS

Daniel Biggs

Health & Human Services Agency

15

Ephraim Rodriguez

Health & Human Services Agency

15

Rocio Rodriguez

Health & Human Services Agency

15

Clemencia Scheer

Health & Human Services Agency

15

Elke Smith

Health & Human Services Agency

15

Marco Valenzuela

Health & Human Services Agency

15

Vitalina Mendonca

Health & Human Services Agency

35

 

 

 

DISTRICT 3 - Supervisor Phil Cox

 

NAME

DEPARTMENT

SERVICE YEARS

Amelia Armas

General Services

15

Guy Christian

Health & Human Services Agency

15

Melissa Cohen

Health & Human Services Agency

15

Margie Flores

Health & Human Services Agency

15

Sheila Howland

Health & Human Services Agency

15

Jennifer Lightfoot

District Attorney

15

Carolyn Rench

Health & Human Services Agency

15

Lorrie Welch

Health & Human Services Agency

15

Kristin Bennett

County Administration Office

20

Mona Gail McCann

Health & Human Services Agency

20

Bulmaro Ortiz

Health & Human Services Agency

20

Joel Martens

Health & Human Services Agency

25

Tim Mathos

Assessor

25

Ann Marie Sparks

Health & Human Services Agency

25

Eric Velasquez

District Attorney

30

Roxanna Ross

Health & Human Services Agency

35

Jim Waters

Health & Human Services Agency

40

 

 

 

 

DISTRICT 4 - Supervisor Steve Worthley

 

NAME

DEPARTMENT

SERVICE YEARS

Leonard Encinas Jr

Health & Human Services Agency

15

Olga Garibay

Health & Human Services Agency

15

Harold Liles Jr

Sheriff's Department

15

Betty Scruggs

Health & Human Services Agency

15

Jaime Zuniga

Health & Human Services Agency

15

Nabor Gomez

General Services - Grounds Maint.

20

Mary Huerta

Health & Human Services Agency

20

Victoria Montoya

Health & Human Services Agency

20

Margaret Venegas

Health & Human Services Agency

20

Elizabeth Morales

Health & Human Services Agency

25

Angelina Stanfill

Health & Human Services Agency

25

 

 

 

DISTRICT 5 - Supervisor Mike Ennis

 

NAME

DEPARTMENT

SERVICE YEARS

Teodorico DeLeon

Health & Human Services Agency

15

Gabriela Leyva

Health & Human Services Agency

15

Terri Sprague

District Attorney

15

Karen Hansen

Health & Human Services Agency

20

Judy McCulloch

Health & Human Services Agency

25

 

3.                  Public Comments.

4.                  Board of Supervisors matters.

 

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

5.                  PUBLIC HEARING: Request from Treasurer-Tax Collector/Registrar of Voters to approve the proposed fee schedule to recover incurred costs.

6.                  PUBLIC HEARING: Request from Health and Human Services Agency to adopt fee adjustments for: Public Guardian, Environmental Health, Public Health, Health Operations, and Medical Records Divisions for Fiscal Year 2013/2014 beginning July 1, 2013.

7.                  PUBLIC HEARING: Request from the Resource Management Agency to approve the 2013/2014 Summary of Proposed Fees for Planning and Development in accordance with Health and Safety Code Section 17951 and Government Code Sections 54986, 65909.5, 66014, 66016 and 66451.2, beginning July 1, 2013.

 

8.                  PUBLIC HEARING: Request from the Resource Management Agency to approve the Categorical Exemption, pursuant to 14 Cal. Code Regs. Section 15305, Class 5, pertaining to Minor Alterations to Land and the General Rule Exemption, pursuant to 14 Cal. Code Regs. Section 15061 (b)(3), consistent with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. Conditionally approve Tentative Subdivision Tract No. TM 826 to divide 183 acres into four lots in the AE-40 (Exclusive Agricultural 40 acre minimum) Zone, located on the west side of Road 28 approximately mile south of Avenue 232 (Kansas Avenue), west of Tulare requested by H.P. Anderson Trusts (Trustee Doug Anderson), subject to findings and conditions contained in Planning Commission Resolution No. 8807, adopted on March 13, 2013. Authorize the Environmental Assessment Officer of the Tulare County Resource Management Agency to file a Notice of Exemption with the Tulare County Clerk.

9.                  PUBLIC HEARING: Request from the Resource Management Agency relating to the proposed participation by the County of Tulare in the CaliforniaFIRST Program of the California Statewide Communities Development Authority. Find that adoption of a Resolution to participate in the CaliforniaFIRST Program of the California Statewide Communities Development Authority is not a "project" under the California Environmental Quality Act, because the Resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of regulations, Section 15378 (b) (4)). Adopt a Resolution authorizing the County of Tulare to join the CaliforniaFIRST Program; authorizing the California Statewide Communities Development Authority to accept applications from property owners, conduct contractual assessment proceedings and levy contractual assessments with the territory of the County.

(Consent Calendar)

CONSENT CALENDAR (Number 10 through 37)

 

 

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

10.             Ratify the following Proclamations: Honoring Starla Harlow as the 2013 Hands-On Heroes Exceptional Volunteer Hero; Honoring Maria McElroy as the 2013 Hands-On-Heroes Exceptional Volunteer Hero; Honoring Adela Hernandez as the 2013 Hands-On-Heroes Parent Education/Strong Families Hero; Honoring Patricia Delima as the 2013 Hands-On-Heroes Health and Wellness Hero; Honoring Rebecca Luhdorff as the 2013 Hands-On Heroes Early Care & Education Hero; and Honoring Tulare County Child Abuse Prevention Council, Inc. as the 2013 Hands-On Heroes Outstanding Provider.

11.             Reappoint Edward Dias, At-Large Member to the Tulare County Planning Commission for a term ending December 31, 2016.

12.             Reappoint Susana De Anda, At-Large Member to the Tulare County Water Commission for a term ending April 30, 2015.

Child Support Services

13.             Approve an amendment to Agreement No. 24825 between Tulare County Department of Child Support Services and David Kilgore d.b.a. ACTION SERV to extend the term from July 1, 2013 through June 30, 2014 for an amount not to exceed $200,000.

14.             Approve an agreement between the California Department of Child Support Services and the County of Tulare for the use of an extra help attorney in an amount up to $27,521, effective July 1, 2013 through June 30, 2014.

County Administrative Office

15.             Ratify actions taken by the County Administrative Officer during the month of March 2013 regarding Personnel/Payroll Changes and Good Works Funding Agreements.

16.             Approve an amendment to Agreement No. 24505 with the public agencies to form the Upper Kings Basin Integrated Regional Water Management Authority to update the Upper Kings Basin Integrated Regional Water Management Plan. Adopt the Upper Kings Basin Integrated Regional Water Management Plan.

17.             Rescind Tulare County Board Agreement No. 24790 and approve Amendment One to Tulare County Board Agreement No. 23353 for the Restated Memorandum of Understanding with Exeter Irrigation District, City of Visalia, City of Lindsay, Kaweah Delta Water Conservation District, Lakeside Irrigation Water District, Tulare Irrigation District, City of Tulare, and the County of Tulare for the preparation of an Integrated Regional Water Management Plan for the Kaweah River Basin for $3,000 and an estimated $6,000 for grant application preparation fees, retroactive to November 30, 2010. Find that the Board had authority to enter into the proposed amendment as of November 30, 2010 and that it was in the County's best interest to enter into the amendment on that date. Approve Amendment Two to Tulare County Board Agreement No. 23353 allowing the City of Farmersville to Become Party to the Kaweah River Basin Integrated Regional Water Management Plan Group Restated Memorandum of Understanding.

District Attorney

18.             Approve the Capital Asset purchase to upgrade computer servers in an amount not to exceed $82,000. Approve the necessary budget adjustments (4/5ths vote required).

19.             Approve the Capital Asset purchase of a video conferencing system in an amount not to exceed $18,000. Approve the necessary budget adjustments (4/5ths vote required).

20.             Approve an amendment to Agreement 24022 with the California Emergency Management Agency to accept grant funding in the amount of $712 for the Vertical Prosecution Block Grant Program, retroactive to July 1, 2010 through June 30, 2013. Find that the board had authority to enter into the proposed agreement as of July 1 2010, and that is was in the County's best interest to enter into the agreement on that date. Approve the necessary budget adjustments (4/5ths vote required).

21.             Approve an agreement with the State of California, Victim Compensation and Government Claims Board for the District Attorney's Criminal Restitution Compact in the amount of $246,705 to fund a Restitution Specialist for the Victim Witness Assistance Center from July 1, 2013 through June 30, 2016. Authorize the Chairman to sign four copies of the Grant Award Face Sheet and four copies of the Contractor Certification Clauses as an attachment to the agreement. Direct the Board Clerk to prepare a certified copy of the Resolution for the District Attorney's Office.

Fire Department

22.             Approve an agreement with Burtons Fire, Inc. for the refurbishment and assembly of a used fire engine body at a cost of $175,105

23.             Approve the Capital Asset purchase of a base radio for the Emergency Dispatch Center at an estimated cost not to exceed $7,000. Approve the necessary budget adjustments (4/5ths vote required).

Health & Human Services Agency

24.             Adopt a Resolution proclaiming May 2013 as "National Foster Care Month" in Tulare County.

25.             Approve the budget adjustment to the Fiscal Year 2012/2013 capital asset line in the amount of $26,067 for the purchase of video teleconferencing units for emergency operations. Approve the necessary budget adjustments (4/5ths vote required).

26.             Appoint Mark Bairstow as the Local Enforcement Agency (LEA) Independent Hearing Officer for a term of four years beginning May 6, 2013, as stipulated by regulation.

27.             Authorization to apply for $24,375 in California Department of Resources Recycling and Recovery (CalRecycle) Local Enforcement Agency (LEA) funds to support solid waste facilities permit and inspection programs.

28.             Approve an agreement with Golden State YMCA 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 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.

29.             Approve an amendment to Agreement No. 24421 with Woodlake Unified School District to receive immunizations or public health services from Tulare County Health & Human Services Agency, retroactive from 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.

30.             Approve an agreement with California State University, Fresno for to allow students to enroll in the Intern Training Program with the Tulare County Health & Human Services Agency (HHSA), Public Guardian Office effective May 1, 2013 through April 30, 2018.

 

Resource Management Agency

31.             Introduce and waive the first reading of an amendment to Ordinance No. 352, the Tulare County Zoning Ordinance for Change of Zone No. PZ 13-001, from R-1 (Single Family Residential) to P-O (Professional Office) on approximately 30,800 square foot portion of Assessor's Parcel Number (APN) 318-084-001, to construct a 2,600 square foot medical clinic located on South Church Street, approximately 330 feet north of School Street with the community of Earlimart. Set the Public Hearing for May 21, 2013 at 9:30 a.m., or shortly thereafter as the matter may be heard.

32.             Establish a new budget unit (001-230-4503) for the Plainview State Water Resource Control Board Clean Water State Revolving Fund Grant for Fiscal Year 2012/2013. Approve the necessary budget adjustments. Direct the Auditor-Controller to establish revenue and expenditure accounts for Fiscal Year 2012/2013 (4/5ths vote required).

33.             Establish a new budget unit (001-230-4502) for the Matheny Tract State Water Resource Control Board Clean Water State Revolving Fund Grant for Fiscal Year 2012/2013. Approve the necessary budgets adjustments. Direct the Auditor-Controller to establish revenue and expenditure accounts for Fiscal Year 2012/2013 (4/5ths vote required).

34.             Approve an amendment to Agreement No. 25075 with the Earlimart School District, through the thirty (30) year contract performance period, namely, through June 30, 2049 to add additional language to the Agreement to clarify two requirements.

35.             Authorize the filing of Notice of Partial Non-Renewal for one (1) Land Conservation Contracts as provided in the Williamson Act. The request fulfills conditions resulting from the creation of one parcel map. Approve the execution of amendment to the Land Conservation Contract as a condition of approval for the aforementioned partial non-renewal.

PNR 11-025 - Williamson Act Contract No. 7137, Ag Preserve No. 2446, located on north side of Avenue 340 north of Visalia (James A. Wood, Yvonne L. Wood) (1.5 acres (homesite) from 49.77 acres to be non-renewed as a condition of PPM 11-009) (49.77 acres in two parcels subject to contract amendment).

 

36.             Authorize the filing of Notices of Partial Non-Renewal for the following three (3) Land Conservation Contracts as provided in the Williamson Act. The request fulfills conditions resulting from the creation of three parcel maps. Approve the execution of amendments to the Land Conservation Contracts as a condition of approval for the aforementioned partial non-renewals.

PNR 13-006 - Williamson Act Contract No. 7163, Ag Preserve No. 2503, located on south side of Avenue 232, one-half mile west of Road 188, west of Lindsay (Buck Bonilla, Rhonda Bonilla) (3.97 acres (homesite) from 156.97 acres to be non-renewed as a condition of PPM 13-001) (156.97 acres in three parcels subject to contract amendment).

PNR 13-007 - Williamson Act Contract No. 4823, Ag Preserve No. 1546, located on south of Avenue 392, between Roads 56 and 64, south of Dinuba (Stella Kesting) (1.41 acres (homesite) from 80 acres to be non-renewed as a condition of PPM 12-029) (80 acres in two parcels subject to contract amendment).

PNR 13-008 - Williamson Act Contract No. 7183, Ag Preserve No. 2574, located on the southwest corner of Road 64 and Avenue 392, south of Dinuba (Stella Kesting) (1.11 acres (homesite) from 80 acres to be non-renewed as a condition of PPM 12-030) (80 acres in two parcels subject to contract amendment).

 

Sheriff/Coroner

37.             Approve a grant application to the Board of State and Community Corrections for an amount up to $185,500 for funding under the Residential Substance Abuse Treatment and State Prisoners Program for the period of July 15, 2013, through June 30, 2014. Agree that no funds from the Residential Substance Abuse Treatment and State Prisoners Program will be used to supplant expenditures controlled by the Board. Agree to provide all required matching funds for the grant project. Agree to abide by the statutes and regulations governing the Residential Substance Abuse Treatment and State Prisoners Program as well as the terms and conditions of the grant agreement as set forth by the Board of State and Community Corrections.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

38.             Request from Health and Human Services Agency to approve the Personnel Resolution to add one (1) Deputy Director, Human Resources Division and delete one (1) Division Manager, Human Resources Division. Approve the job specification for Deputy Director-HHS-Human Resources. Approve the necessary budget adjustments (4/5ths vote required).

39.             Request from Resource Management Agency to approve the submission of the grant application to the California Access Program for roadway improvements to Success Valley Drive. Authorize the Assistant Director - Public Works to sign the grant application on behalf of the County.

40.             Request from Resource Management Agency to authorize the extension of closure of Kennedy Meadows Transfer Station to June 30, 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.

(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 (d)(1)]

Name of Case: City of Dinuba, et al. vs. County of Tulare, Rita Woodard, et al.

Tulare County Superior Court Case No. 11-243161

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case: Charles Hull vs. County of Tulare

Workers' Compensation Appeals Board No. ADJ1258326 & ADJ1554351

Next Item(s) Sitting as...

ITEM C

CONFERENCE WTIH 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 Late Claim filed by the claimant Timothy Lee Johnson

Next Item(s) Sitting as...

ITEM D

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...