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


 

December 3, 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.                  Public Comments.

2.                  Board of Supervisors matters.


 

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

3.                  PUBLIC HEARING: Request from the Fire Department to conduct a Public Hearing for Fire Hazard Abatement Cost Recovery. Confirm the accounting as modified. Order that the costs as confirmed be recorded in the office of the Tulare County Recorder. Order that the Tulare County Auditor-Controller/Treasurer-Tax Collector place such costs on the County tax roll as special assessments against the respective parcels of land.

4.                  PUBLIC HEARING: Request from the Resource Management Agency to hold a Public Hearing to certify that the Board has reviewed and considered the information contained in the Mitigated Negative Declaration and Mitigated Monitoring Plan prepared for the project, together with any comments received during the public review process, consistent with the California Environmental Quality Act and the State CEQA Guidelines, prior to taking action on the Change of Zone. Find that although there may be significant environmental impacts as a result of this project, there will be none in this case because mitigation measures have been incorporated that reduce any potentially significant impacts to less than significant. Adopt the findings of approval for the Mitigated Negative Declaration and Mitigation Monitoring Plan as set forth in the Planning Commission Resolution No. 8884. 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 Change of Zone No. PZ 11-001, as set forth in the Planning Commission Resolution No. 8885. Waive the final reading and adopt the amendment to Ordinance No. 352, the Tulare County Zoning Ordinance for Change of Zone No. PZ 11-001, to change the zoning designation on a 20-acre parcel from MR-217 (Mountain Residential-217,000 sq. ft. minimum) to CO (Commercial Recreation) on property located on the north side of Goman Road, approximately 400 feet west of Kennedy Meadows Road, in Kennedy Meadows. Direct the Clerk of the Board to publish the adopted Ordinance and Amended Zoning Map.

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 27)

 

 

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.

 

 

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

5.                  Authorize a loan to Visalia Memorial District not to exceed 85 % of the District's anticipated property tax revenue for the Fiscal Year 2013/2014, per Government Code Section 23010. Authorize the County Auditor to sign the loan agreement subject to approval as to form by County Counsel.

6.                  Approve the Candidate Statement Regulations and Printing Fees for the June 3, 2014 Primary Election and the November 4, 2014 General Election. 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. Fee schedule is attached. Limit each candidate's statement to no more than 200 words for County Offices and 250 words for State Offices.

7.                  Review and accept the Certified Statement of Vote as submitted by the Registrar of Voters for those Offices for which the Board of Supervisors is the governing body.

8.                  Authorize the County Auditor-Controller/Treasurer-Tax Collector to draw warrants on indebtedness, per Government Code Section 29802, up to $25,000.

Board of Supervisors

9.                  Ratify the following Proclamations: Honoring Danny Trejo for being the 2013 Tulare County Drug Court Commencement Speaker and for his dedication to helping others recover from drug addiction; Proclaiming Saturday, November 9, 2013 as "Sierra View District Hospital Day"; Recognizing November 11, 2013 as Veterans Day in Tulare County; Recognizing the efforts of the outgoing chair of the Porterville Chamber of Commerce, Stephanie Cortez.

10.             Appoint Juliet Webb, Public Sector, to the Workforce Investment Board for a term ending May 31, 2014.

11.             Reappoint Paulie Romero, Regular Commissioner and Ursula Ybarra, Regular Commissioner to the Tulare County Housing Authority for a term ending December 18, 2017. Reappoint Linda Kilgore, Tenant Commissioner to the Tulare County Housing Authority for a term ending December 18, 2015.

12.             Appoint Clay Smith, Fire Agency, County-Tulare County Fire Department #22, Alternate to the Emergency Medical Care Committee for a term ending at the pleasure of the Board.

County Administrative Office

13.             Introduce and waive the first reading of an ordinance adding Chapter 29 to Part I of the Ordinance Code, pertaining to post employment restrictions. Set the second reading for December 17, 2013. Waive the second reading and adopt an ordinance adding Chapter 29 to Part I of the Ordinance Code, pertaining to post employment restrictions. Direct the Clerk to publish a full copy of the ordinance after adoption as required by law.

14.             Ratify actions taken by the County Administrative Officer during the month of October 2013.

15.             Approve an agreement with Kaweah Delta Water Conservation District in the amount of $398,448 to accept Proposition 84 Implementation Grant funds for the period of December 3, 2013 to July 31, 2015. Find that the project is exempt from California Environmental Quality Act (CEQA) on the grounds that the project is consistent with State CEQA Guidelines Section 15302, Section 15303, and Section 15061(b)(3). Direct Resource Management Agency staff to prepare, execute and file a Notice of Exemption with the County Clerk in accordance with State of California CEQA Guidelines. Approve the necessary budget adjustments (4/5ths vote required).

District Attorney

16.             Ratify and approve the grant award agreement from the State of California, Department of Justice, Attorney General's Privacy and Piracy Fund in the amount of $54,135 for the period of July 1, 2013 through June 30, 2014. Ratify the District Attorney's, or his designee's, signature on the Recipient Award and Disbursement Approval on behalf of the Chairman. Find that the Board had the authority to enter into the proposed Agreement as of July 1, 2013, and that it was in the County's best interest to enter into the Agreement on that date. Approve the necessary budget adjustments (4/5ths vote required).

Fire Department

17.             Authorize the submission of a grant application for a Federal Emergency Management Agency Assistance to Firefighters Grant to purchase fire equipment in the amount of $283,667. Authorize the Fire Chief, or his designee, to sign and electronically submit the grant application.

Health & Human Services Agency

18.             Approve an agreement with Financial Credit Network, Inc. retroactive from July 1, 2013 through June 30, 2015, to provide collection services for Tulare County Health and Human Services Agency (HHSA). Find that the Board had authority to enter into the proposed agreement as of July 1, 2013 and that it was in the County's best interest to enter into the agreement on that date.

19.             Ratify Chairman's signature on a letter to the California Department of Public Health, regarding the Local Primacy Annual Evaluation Report Fiscal Year 2012-2013.

20.             Approve a Memorandum of Understanding with the California Department of Child Support Services effective on the date executed by the California Department of Child Support Services and shall be in effect for 36 months thereafter to provide on-line access service to the Child Support Enforcement System.

Human Resources & Development

21.             Approve the Side Letter agreement between the County and the Service Employees International Union regarding the 2014 Health Plan benefits; and Employees International Union regarding the 2014 Health Plan benefits. Find that the Board had the authority to enter into the side letter agreement as of November 17, 2013, and that it was in the County's best interest to enter into the agreement on that date.

22.             Approve the Side Letter agreement between Tulare County and the Tulare County Deputy Sheriff's Association (TCDSA) establishing an administrative appeals procedure on the repayment of advanced disability payments when a disability application is denied.


Information & Communications Technology

23.             Approve and authorize a Personnel Resolution deleting Position No. 9933 from Tulare County Information & Communications Technology (TCiCT) and adding it to the Auditor-Controller's Office. Approve the necessary budget adjustments (4/5ths vote required).

Resource Management Agency

24.             Approve the Goshen Community Revitalization Study Final Report.

25.             Find that the Tulare County Regional Bicycle Transportation Plan is exempt (General Rule Exemption) from the California Environmental Quality Act. Adopt the Tulare County Regional Bicycle Transportation Plan. Direct the Environmental Assessment Officer of the Tulare County Resource Management Agency to execute and file the Notice of Exemption with the Tulare County Clerk/Recorder.

26.             Approve the Harmon Field Preliminary Industrial Development Plan. Authorize staff to issue a Request for Proposal (RFP) to receive proposals for potential renewable energy projects for future consideration by the Board of Supervisors.

Sheriff/Coroner

27.             Ratify and approve an agreement with County of Tuolumne for reimbursement of expenditures of $2,949 related to the Rim Fire for the period of August 31, 2013 through September 3, 2013. Find that the Board had the authority to enter into the proposed agreement as of August 31, 2013, and that it was in the County's best interest to enter into the agreement on that date. Ratify the Chairman's signature on the agreement.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

28.             Request from Health and Human Services to approve and adopt the Tulare County / Operational Area Emergency Operations Plan. Authorize the Chairman to sign the Letter of Promulgation and the Plan Concurrence page.

(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 Porterville vs. County of Tulare, et al.

Tulare County Superior Court Case No. 249043

Next Item(s) Sitting as...

ITEM B

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 C

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 D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case: Steven Michael Shoemaker vs. People of the State of California

Tulare County Superior Court Case No. 11-245401

Next Item(s) Sitting as...

ITEM E

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 F

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 G

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case: SEIU Local 521 vs. County of Tulare

Public Employee Relations Board Case No. SA-RR-1142-M

Next Item(s) Sitting as...

ITEM H

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 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 LEGAL COUNSEL - INITIATION OF LITIGATION

Details

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

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM K

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Rhonda Sjostrom, Jean M. Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected.

Next Item(s) Sitting as...