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 21, 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.                  Presentation from the Leadership Visalia Class of 2012/2013 regarding the Fingerprint Visalia Project.  Present Proclamation recognizing May 2013 as National Missing Children's Month in Tulare County.

2.                  Presentation regarding the Step Up Youth Challenge and recognization of the Best Overall programs.

3.                  Public Comments.

4.                  Board of Supervisors matters.


 

9:30 A.M. – TIMED ITEMS

 

(Timed Items)

5.                  PUBLIC HEARING:   Request from Health and Human Services Agency to continue the public hearing from April 30, 2013 for the adoption of fee adjustments for Tulare County Health & Human Services Agency (HHSA); Environmental Health Division for Fiscal Year 2013/2014, effective July 1, 2013.

6.                  PUBLIC HEARING:   Request from Resource Management Agency to certify that the Board has reviewed and considered the information contained in the Addendum to the Earlimart Neighborhood Park Negative Declaration/Initial Study prepared for the project, together with any comments received during the public review process, in compliance with the California Environmental Quality Act and the State Guidelines for the implementation of the of the California Environmental Quality Act of 1970 prior to taking action on the Change of Zone. Find there is no substantial evidence that said Change of Zone will have a significant effect on the environment and determine that the Addendum to the Earlimart Neighborhood Park Negative Declaration/Initial Study prepared for the project reflects the independent judgment of the County and has been completed in compliance with the California Environmental Quality Act of 1970.  Direct the Environmental Assessment Officer of the Tulare Resource Management Agency to file a Notice of Determination with the Tulare County Clerk.  Adopt the findings of approval for the Change of Zone as set forth in the Planning Commission Resolution.  Waive the second reading and adopt 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.  Direct the Clerk of the Board to publish the adopted Ordinance and amended Zoning Map.

7.                  PUBLIC HEARING:   Request from the Resource Management Agency to conduct a public hearing to consider the vacation of a portion of West Lerda Avenue and alley in Block 65 in Tipton.  Determine that the vacation is exempt from the California Environmental Quality Act (CEQA) pursuant to the adopted State of California CEQA Guidelines Section 15061(b)(3) and direct the Environmental Assessment Officer to sign and file a Notice of Exemption with the Tulare County Clerk.  Determine that the road is unnecessary for present or prospective public use and vacation thereof is in the public interest.  Approve the Resolution to vacate the aforementioned right of way subject to reserving public utility easements for public utility companies within the limits of the vacated road right of way.  Direct the Clerk of the Board to cause a certified copy of the Resolution to be recorded in the Office of the Tulare County Assessor Clerk/Recorder.

8.                  PUBLIC HEARING:  Request from the Resource Management Agency to review and accept Tulare County's 2012 Annual General Plan and Housing Element Progress Reports.  Authorize transmittal of these reports to the California Governor's Office of Planning and Research and California's Department of Housing and Community Development.Consent Calendar)

CONSENT CALENDAR (Number 9 through 26)

 

 

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 the Capital Asset purchases of seven vehicles, in an amount not to exceed $170,000.  Authorize the Purchasing Agent to waive the bid process and obtain quotes for the purchase of seven vehicles. This would allow the vehicles to be delivered and invoiced before the June 30th deadline.  Approve the necessary budget adjustments (4/5ths vote required).

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

10.             Amend Resolution No. 76-217 to include Government Code Sections 26881, 26882, 26884 and 26886 and to authorize the Auditor-Controller to conduct audits of all County Departments and have full, free, and unrestricted access, unless specifically prohibited by law, to any and all of Tulare County records, physical properties, and personnel pertinent to carrying out any audit.  Approve the Internal Audit Activity Protocol.

Board of Supervisors

11.             Ratify a Proclamation recognizing the Peace Officers' Memorial in Tulare County.

County Administrative Office/Clerk of the Board/General Services

12.             Authorize participation in the California Department of Boating and Waterways, Boating and Safety and Enforcement Program for the 2013/2014 Fiscal Year.  Authorize the Chairman to sign the 2013/2014 Contract for Financial Aid Program for the Fiscal Year. Authorize the County Administrative Officer, or his authorized designee, to submit claims for reimbursement.

13.             Ratify actions taken by the County Administrative Officer during the month of April 2013 regarding Good Works Funding Agreements.

District Attorney

14.             Approve the necessary budget adjustments in the amount of $6,795 for the Unserved/Underserved Victim Advocacy and Outreach Program (4/5ths vote required).

Fire Department

15.             Approve an Ordered Duty Day stipend pay rate of $691.44 for Fire Battalion Chiefs.

 

Health & Human Services Agency

16.             Approve an amendment to Agreement No. 25338 with the Public Health Institute and the Centers for Disease Control and Prevention for the Public Health Fund:  Community Transformation Grants in the amount of $253,000 per year, from May 21, 2013 through September 29, 2016.

17.             Approve an agreement with Workforce Investment Board of Tulare County for the Prevention/Intervention Pilot Program in an amount not to exceed $600,000 to provide support for high school completion, post-secondary educational transition, career preparation/employment, personal development, and life skills to at-risk youth from families receiving Temporary Assistance to Needy Families, excluding Cal-Learn, from June 1, 2013 through May 31, 2016.

18.             Approve an agreement with California State Association of Counties (CSAC) in an amount not to exceed $153,112, related to the Welfare Client Data Systems Consortium, effective July 1, 2013 through June 30, 2014.

19.             Approve an agreement with the California Department of Education in the amount of $6,000 for the Summer Food Service Program, from June 17, 2013 to September 16, 2013.

Purchasing

20.             Approve an amendment to Agreement No. 24385 with Tulare Local Healthcare District - Mineral King Laboratory, to extend the agreement to December 31, 2013 for providing drug screening, analysis, and testing, retroactive to March 31, 2013 through December 31, 2013.  Find that the Board had authority to approve the proposed amendment as of March 31, 2013, and that it was in the County's best interest to approve the amendment on that date.

Resource Management Agency

21.             Set a Public Hearing for July 9, 2013 at 9:30 a.m. for consideration of sewer and water user fee adjustments for specified County Service Area Zones of Benefit (El Rancho, Delft Colony, Tonyville, Tooleville, Traver, Yettem and Wells Tract sewer systems and Wells Tract water distribution system).  Approve the Notice of Public Hearing to be published and mailed to affected residents.

22.             Set a Public Hearing for July 16, 2013 at 7:30 p.m. for consideration of fees for parcels receiving benefit from the Kennedy Meadows Transfer Station.  Approve the Notice of Public Hearing to be published and mailed to affected residents.

23.             Adopt the Labor Compliance Program as described in the Labor Compliance Program Manual for the County of Tulare which reflects updated and revised State of California regulations.  Approve the initiation and enforcement of the California Department of Industrial Relations approved Labor Compliance Program under the direction of the County Contract Administrator as described in the County's Labor Compliance Program Manual.

24.             Approve an agreement with the Tulare County Association of Governments in the amount of $118,876 to provide project management services for the 2012/2013 California Department of Transportation Environmental Justice Planning Grant for the Matheny Tract Transportation Infrastructure Plan, retroactive to April 4, 2013 through February 28, 2015.  Find that the Board had authority to enter into the proposed Agreement as of April 4, 2013, and that it was in the County's best interest to enter into the agreement on that date.  Authorize the commitment of $3,450 in staff time to fulfill the required local in-kind match.   Establish a new budget unit (001-230-4501) for the Matheny Tract Infrastructure Plan for Fiscal Year 2012/2013, per the AUD 308 (4/5ths vote required).  Direct the Tulare County Auditor-Controller to establish revenue and expenditure accounts for Fiscal Year 2012/2013.

25.             Authorize continuance of the temporary receivership for the Seville Water Company through June 30, 2015, subject to the same terms and conditions as enumerated as items 1 through 11 inclusive in the Order Granting Petition for Appointment of Receiver dated June 11, 2009.

Workforce Investment Board

26.             Reappoint the following individuals to the Workforce Investment Board of Directors for terms ending May 31, 2015:

Member Name

Category

Qualifications (Title & Organization)

Harroll Wiley

Business

Senior Ag Loan Officer Bank of the Sierra

Jeff Fly

Community Based

CEO, Turning Point of Central California, Inc.

Jim Vidak

Education

Superintendent of Schools, Tulare County Office of Education

Mariann Hedstrom

Business

Owner, Visalia Lumber Company

Randy Baerg

Business

President, Warren & Baerg Manufacturing, Inc.

Randy Dennis

Labor

Firemen, Fresno Fire Department

Robert Kleyn

Public Sector

Rehabilitation Supervisor, State of Calif. Dept. of Rehabilitation

Ronny Jungk

Labor

Executive Board Treasurer, Int. Brotherhood of Electrical Workers

Rosa Carlson

Education

President, Porterville College

Shelly Tarver

Public Sector

Cluster Manager, State of Calif. Employment Development Department

Tricia Stever-Blattler

Business

Executive Director, Tulare County Farm Bureau

 

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

27.             Request from County Administrative Office to receive input and direction regarding the State legislative priorities to be addressed during the advocacy trip to Sacramento on May 29, 2013.

 

 

28.             Request from Resource Management Agency to approve Solid Waste Hauling Franchise options as follows:  1) Approve converting the current Solid Waste Hauler Licensing System to a Franchise System; 2) Issue 5 year notification of termination of current licenses; 3) Authorize staff to begin negotiations with the seven (7) Licensed Haulers/Tulare County Hauler's Association to develop a short-term licensing agreement; 4) Authorize staff to formalize a defined annual collection rate escalator using California CPI factors;  5) 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; 6) 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;  7) Authorize staff to establish reporting standards for haulers assuring their use of County facilities; and 8) 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:  Ingrid Coronel, Deceased vs. County of Tulare

Workers’ Compensation Appeals Board Number: Unassigned

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case:  Deshaun Moore, Deceased vs. County of Tulare

Workers’ Compensation Appeals Board No. ADJ8394213

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case:  Verizon vs. California State Board of Equalization, et al. Sacramento County Superior Court Case No. 34-2013-00138191

Next Item(s) Sitting as...

ITEM D

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 No. 249061

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH 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 No. 249043

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH 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 No. 249877

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH 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 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 J

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...