SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS, AND

THE TULARE COUNTY IHSS PUBLIC AUTHORITY BOARD

March 7, 2006

9:00 AM 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. At all times, please use the microphone and state your name and address for the record.

(Public Comment Period)

9:30 A.M. – TIMED ITEMS

1. PUBLIC HEARING: Request from Resource Management Agency to adopt a proposed extension of Tulare County Ordinance No. 3323 (Interim Zoning Ordinance) adding Part 94 of the Supplementary Zoning Map of the County of Tulare pertaining to the limitation of development of medical marijuana dispensary uses in designated areas of the County for an additional period of ten (10) months and fifteen (15) days, commencing on March 24, 2006. Receive consider, approve, and issue a written report from Resource Management Agency describing the measures taken by Tulare County to alleviate the condition which led to the adoption of Tulare County Ordinance No. 3323. Direct the Clerk of the Board to publish such summary within five (5) days and to post a certified copy of the complete Ordinance within fifteen (15) days as required by law.

2. PUBLIC HEARING: Request from Health and Human Services Agency to approve a permanent $1.00 increase in birth certificate fees to take effect July 1, 2006. Approve that the additional $1.00 increase in birth certificate fees be deposited into the County Children's Trust Fund beginning July 1, 2006. Authorize the County Assessor/Clerk-Recorder to implement the $1.00 increase in fees and to begin depositing the additional fee increase in the County Children's Trust Fund beginning July 1, 2006.

(Consent Calendar)

CONSENT CALENDAR (Number 3 through 6)

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.

County Counsel

3. Request from County Counsel to continue the appeal filed by Marilu Lopez for Denial of Application for Public Dance Hall Business License for El Campesina to March 28, 2006.

Health & Human Services Agency

4. Approve an amendment to Agreement No. 19959 with Kaweah Delta Health Care District to increase the daily rates of reimbursement for negotiated psychiatric acute hospitalization days from Kaweah Delta Mental Health Hospital, retroactive to July 1, 2005 through June 30, 2015.

Resource Management Agency

5. Affirm the Orosi Bike Race to be held on March 25, 2006 near the Community of Orosi.

6. Accept the Irrevocable Offer of Dedication to dedicate the Southerly 20 feet of Lot 34 and the Northerly 40 feet of Lot 35 of Tract No. 753 Unit One in the Springville area, per map recorded November 12, 2002 in Book 39 of Maps at Page 79 in the office of the Tulare County Recorder. Direct the Clerk of the Board to cause a certified copy of the resolution accepting the Irrevocable Offer of Dedication to be recorded in the Office of the Tulare County Recorder.

(Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

7. Request from the Fire Department to approve an agreement with the California Department of Forestry and Fire Protection to allow the State to provide the personnel, services, and supplies to the County for the operation of the Fire Department for Fiscal Year 2005/2006.

8. Request from Health and Human Services Agency to approve the Memorandum of Understanding with the California State University, Fresno for student interns interested in volunteering to gain work experience in their selected fields at Health and Human Services Agency.

9. Request from Resource Management Agency for authorization to apply for a Roberti-Z'Berg-Harris Urban Open Space and Recreation Grant for improvements and enhancements for Tulare County Parks in the amount of $592,533.

10. Request from Resource Management Agency to accept the Network Assessment and Technology Strategy that was prepared by Callisma, Inc.

11. Update from County Librarian on the Visalia Library Building Project.

12. Public Comments.

13. Board of Supervisors Matters.

(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

CLOSED SESSION

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(a)]

Name of Case: R. Bean v. County of Tulare

Case No. FRE0195062, FRE0195061, FRE0195063, FRE210598, FRE0216941

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ITEM B

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation [Government Code Section 54956.9(b)(1)]

Number of Potential Cases: 1

Proposed Ordinance Extending Tulare County Ordinance No. 3323 (interim zoning ordinance), pertaining to the location of medical marijuana dispensary uses in Tulare County.

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation [Government Code Section 54956.9(b)(1)]

Number of Potential Cases: 3

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9(c)]

Number of Potential Cases: 2

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ITEM E

CONFERENCE WITH LABOR NEGOTIATORS

Details

(Government Code Section 54957.6)

Agency Designated Representatives: Tim Huntley, Jack Hughes, Brian Haddix

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees

Next Item(s) Sitting as...

Sitting as the Tulare County IHSS Public Authority Board

ITEM F

CONFERENCE WITH LABOR NEGOTIATORS

Details

(Government Code Section 54957.6)

Agency Designated Representatives: Tim Huntley, Jack Hughes, Brian Haddix

Employee Organization: All Certified Employee Organizations

Unrepresented employees: All unrepresented employees

Next Item(s) Sitting as...