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

 

May 14, 2013

 

3:00 P.M. Board Convenes for Closed Session

Board Chambers, Administration Building

2800 W. Burrel Avenue, Visalia, CA

 

7:00 P.M. Board Reconvenes for Open Session

Tulare Joint Union High School District Office

Staff Development Room

426 N. Blackstone, Tulare, CA

 

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.                  Present Proclamation recognizing National Salvation Army Week in Tulare County.

2.                  Presentation given by Allison Pierce, Board Representative, regarding the Step Up events scheduled in District Two.

 

3.                  Public Comments.

4.                  Board of Supervisors matters.

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 14)

 

 

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 to provide State funding of $20,000.23 to offset costs of providing fruit and vegetable inspection services for the State Standardization Program, effective July 1, 2013 through June 30, 2014.

6.                  Approve an agreement with the California Department of Food and Agriculture to provide State funding of $222,441.39 to offset costs of regulating maturity and freeze damage of all oranges, lemons, and mandarins being produced and/or processed in the County, effective July 1, 2013 through June 30, 2014.

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

7.                  Authorize the sale, at Internet Auction, of tax-defaulted properties, subject to the Power of Sale according to Chapter 7 of Part 6 of Division 1 of the California Revenue and Taxation Code to begin on August 1, 2013 through August 5, 2013, ending time to be staggered every 15 minutes starting at 8:00 a.m. on August 5, 2013. Re-offer any parcel starting October 3, 2013 through October 7, 2013, that does not sell at the end of the auction at a lower minimum bid amount [3698.5(c)]. Authorize a $5,000.00 refundable deposit for unsuccessful bidders during registration [3692 (e)].

Health & Human Services Agency

8.                  Authorize the Tulare County Purchasing Agent to waive the bidding process and authorize purchases for over $50,000 for the purchase of uniforms and interview clothes, tools for work, and other ancillary supplies for CalWORKs Welfare-to-Work clients as required by Welfare & Institutions Code 11323.2, each Fiscal Year, subject to cancellation by the County.

9.                  Approve an amendment to Agreement No. 24233 with the City of Porterville for the Recycle-Only Household Hazardous Waste Program, from July 1, 2013 through June 30, 2014.

 

Information & Communications Technology

10.             Approve an agreement with the City of Tulare, at no cost, to provide access to Tulare City Hall and provide microwave services until terminated.

Purchasing

11.             Approve an amendment to Agreement No. 24385 with the Tulare Local Healthcare District - Mineral King Laboratory to extend the agreement to December 31, 2013 for providing drug screening, analysis, and testing.

Resource Management Agency

12.             Ratify and approve an agreement with Moore Twining Associates in the amount of $20,000 for providing analytical laboratory services for May 14, 2013 through June 30, 2013.

13.             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 approval of two separate parcel maps and one lot line adjustment. Approve the execution of amendments to the Land Conservation Contracts as a condition of approval for the aforementioned partial non-renewals.

PNR 11-013 - Williamson Act Contract No. 7433, Ag Preserve No. 818, located on the northeast corner of Avenue 408 and Road 112, approximately mile southeast of Sultana (Tommy Yoshida) (1.67 acre from 40.16 acres non-renewed as a condition of PPM 11-007) 40.16 acres in two parcels subject to contract amendment.

PNR 12-004 - Williamson Act Contract No. 3868, Ag Preserve No. 0601, located on the south side of Avenue 400 and west of Road 92 southeast of Dinuba (David & Nel Lorenz) (1.08 acre from 39.04 acres to be non-renewed as a condition of PPM 11-034) 39.04 acres in two parcels subject to contract amendment.

PNR 12-005 - Williamson Act Contract No. 8210, Ag Preserve No. 2862, located on the south side of Avenue 400 approximately 2,150 feet west of Road 48 southeast of Dinuba (Paul & Ruth Buxman) (1.35 acres from 59.03 acres to be non-renewed as a condition of PLA 11-039) 59.03 acres in two parcels subject to contract amendment.

 

14.             Authorize the filing of a Notice of Partial Non-Renewal for the following Land Conservation Contract as provided in the Williamson Act. The request fulfills conditions resulting from a lot line adjustment. Approve the execution of amendment to the Land Conservation Contract as a condition of approval for the aforementioned partial non-renewal.

PNR 13-004 - Williamson Act Contract No. 4136, Ag Preserve No. 1031, located on the southwest corner of Avenue 192 and Road 172, east of Tulare (Mark and Gina Vander Poel) (1.49 acres gross from 79.93 acres gross non-renewed as a condition of PLA 13-001) (78.44 acres in two parcels subject to contract amendment).

 

(Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

15.             Presentation from Resource Management Agency regarding giving direction to the Agricultural Policy Advisory Committee to move forward with the restructuring of the Committee, as outlined in the staff presentation, returning to the Board of Supervisors for its consideration of the appropriate revisions to the Committee's Bylaws.

16.             Presentation from Resource Management Agency regarding Solid Waste Hauling Franchise options. Approve converting the current Solid Waste Hauler Licensing System to a Franchise System and issue 5 year notification of termination of current licenses. Authorize staff to begin negotiations with the seven (7) Licensed Haulers/Tulare County Hauler's Association to develop a short-term licensing agreement. Authorize staff to formalize a defined annual collection rate escalator using California CPI factors. Authorize staff to develop a Program-Based Recycling System that meets current CalRecycle goals and is respective of customers, service areas, and hauler's capabilities. Authorize staff to develop a Hauling Franchise Fee to be used to fund administrative costs of the Franchise System and environmental activities at closed landfill sites. Authorize staff to establish reporting standards for haulers assuring their use of County facilities. Direct staff regarding landfill privatization options.

(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 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: Ray Huckleberry vs. County of Tulare

Workers' Compensation Appeals Board No. ADJ7601350

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 2

Application for Leave to Present Late Claim filed by the claimant Maria Rosario Mares

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

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

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

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNEL - INITIATION OF LITIGATION

Details

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

Number of Potential Cases: 3

Next Item(s) Sitting as...

ITEM G

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...