April 18, 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)

1.                  9:00 a.m. Employee Services Awards.

DISTRICT 1 - Supervisor Allen Ishida

 

 

 

 

NAME

DEPARTMENT

SERVICE YEARS

Joseph Aguilar

Sheriff's Department

25

Kathy Bohl

Sheriff's Department

25

Kevin Bohl

District Attorney

25

Catarino Galicia

Auditor/Treasurer-Tax Collector

25

Robert Mann

Ag Commissioner/Sealer

25

Rex Thulin

Resource Management Agency

25

Ramon Rodriguez

Auditor/Treasurer-Tax Collector

20

Teresa Saucedo

County Counsel

20

 

 

 

DISTRICT 2 - Supervisor Connie Conway

 

 

 

 

NAME

DEPARTMENT

SERVICE YEARS

Greg Dunbar

Ag Commissioner/Sealer

30

John Soares

Co-operative Extension

30

Ken Swearingen

Assessor/Clerk-Recorder

30

Marion Adams

Resource Management Agency

25

Marilyn Bradford

Resource Management Agency

25

Sherry Franco

Child Support Services

25

Arthur Sustaita

Resource Management Agency

25

Lonnie Adams

Sheriff's Department

20

John Roller

Assessor/Clerk-Recorder

20

Patty McCurry

Ag Commissioner/Sealer

15

Sharon Mizner

District Attorney

15

Leonard Salazar

Child Support Services

15

 

 

 

DISTRICT 3 - Supervisor Phillip Cox

 

 

 

 

NAME

DEPARTMENT

SERVICE YEARS

Jerry Messinger

Auditor-Controller

30

Donald Smith

Assessor/Clerk-Recorder

30

William Beld

Resource Management Agency

25

Wynonna Byer

Sheriff's Department

25

John Davis

Health and Human Services Agency

25

Gary De Malignon

County Counsel

25

Margie Flores

Auditor/Treasurer-Tax Collector

25

Patricia Wilson

Child Support Services

25

Miguel Balderas

Health and Human Services Agency

20

Marsh Carter

Sheriff's Department

20

Beverly Cates

Resource Management Agency

20

Lisa Dougherty

Resource Management Agency

20

Timothy Fosnaugh

Sheriff's Department

20

Jeffrey Hutchins

Sheriff's Department

20

Diane Stie

Child Support Services

20

Gary Westbrook

Assessor/Clerk-Recorder

20

Harold Wood

County Counsel

20

Greg Wright

Sheriff's Department

20

Tom Wright

Sheriff's Department

20

Peggy Anderson

Child Support Services

15

Karen Baldwin

Purchasing

15

Bobette Cotta

Sheriff's Department

15

David Cox

Resource Management Agency

15

Ron Finney

Assessor/Clerk-Recorder

15

Susan Flores

Child Support Services

15

Anita Galante

County Counsel

15

Katherine Hugunin

Auditor/Treasurer-Tax Collector

15

Carol Javaux

Resource Management Agency

15

Alan Knight

Sheriff's Department

15

Carol Laird

County Counsel

15

James Line

County Counsel

15

Devonna Mallouf

Auditor/Elections

15

Cheryl McNamara

District Attorney

15

Linda Niess

Resource Management Agency

15

Gary Rhoden

Resource Management Agency

15

Benita Rivera

Resource Management Agency

15

Angela Rose

Sheriff's Department

15

Ron Santos

Assessor/Clerk-Recorder

15

Barry Silva

District Attorney

15

Terry Titus

Sheriff's Department

15

Sally Vanciel

Probation Department

15

 

 

 

DISTRICT 4 - Chairman Steven Worthley

 

 

 

 

NAME

DEPARTMENT

SERVICE YEARS

Jim Hinesly

Sheriff's Department

30

Frank Arnold

District Attorney

20

Gary Chambers

Sheriff's Department

20

Julia Roberts

County Counsel

20

B Daniel Bigham

Ag Commissioner/Sealer

15

Sandra Burnitzki

Child Support Services

15

Linda Harris

Sheriff's Department

15

Eleanor Westmoreland

Health and Human Services Agency

15

 

 

 

DISTRICT 5 - Supervisor Jim Maples

 

 

 

 

NAME

DEPARTMENT

SERVICE YEARS

David Gould

Ag Commissioner/Sealer

35

Glen Black

Resource Management Agency

15


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

2.                  PUBLIC HEARING: Request from Resource Management Agency to deny the appeal submitted by Tuttle & McCloskey, Attorneys at Law, representing the City of Dinuba and uphold the Planning Commission's decision to approve Special Use Permit No. PSP 04-110 to allow the conversion of a packing shed/cannery into a setting for special events such as weddings, receptions, and parties to sell alcoholic beverages in conjunction with events on 3.80 acres in the M-1 (Light Manufacturing) Zone located at 2099 E. El Monte Way, on the north side of El Monte Way (Avenue 416) approximately 1,000 feet east of Crawford Street (Road 88) in Dinuba.

3.                  PUBLIC HEARING: Request from Resource Management Agency to adopt the Findings and the Mitigated Negative Declaration approving the appeal, subject to conditions as recommended by staff for Special Use Permit No. PSP 04-098 (ZA) submitted by Walther Enterprises, Inc. to allow the assemblage of people for entertainment purposes (banquet facility), and the sale of alcoholic beverages under an on-sale license in conjunction with the banquet facility on a 27.86 acre parcel in the AE-20 (Exclusive Agricultural - 20 acre minimum) Zone, on the property located on the north side of Avenue 296 (Highway 198), approximately 1,000 feet east of Road 168, east of Visalia.

(Consent Calendar)

CONSENT CALENDAR (Number 4 through 21)

 

 

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

4.                  Appoint Ruben Urena as Fire Commissioner on the Woodlake Fire District for a short-term ending December 7, 2007.

Child Support Services

5.                  Approve the Annual Plan of Cooperation Agreement between the California Department of Child Support Services and the Tulare County Department of Child Support Services. Authorize Peggy Anderson to sign the Agreement, retroactive to October 1, 2005 through September 30, 2007.

 

 

County Administrative Office

6.                  Approve and Ratify the County Administrative Officer's delegated actions regarding Contracts and Personnel/Payroll changes for the month of March 2006.

Health & Human Services Agency

7.                  Accept the Child Abuse Prevention Intervention and Treatment augmentation of funds from the California Department of Social Services in the amount of $204,000 for the Father Involvement Program. Approve an amendment to Agreement No. 21870 with the Lindsay Unified School District to increase the amount of the contract to $1,260,000, and to change the Scope of Work to reflect the increase in the amount of families to be included in the study. Approve the necessary budget adjustments. (4/5ths vote)

8.                  Approve an agreement with the College of the Sequoias 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, 2005.

9.                  Approve an amendment to Agreement No. 21467 with California Psychiatric Transitions, Inc. to increase the amount of the contract by $140,000, for a total contract amount of $440,000 for the provision of mental health rehabilitation services to Tulare County clients who are severely and persistently mentally disabled.

10.             Appoint Dr. Karen Haught, M.D., Health Officer, as the Alternate Member to the Immunization Registry Commission.

11.             Approve the purchase of a vehicle for $19,500 for the SSI Advocacy Unit to assist clients countywide with their SSI applications and/or appeals. Approve the purchase of a vehicle for $19,500 for the TulareWORKs Division to replace a high mileage cargo van. Approve the necessary budget adjustments. (4/5ths vote)

12.             Waive the first reading and introduce an Ordinance to amend Subsection 7 of the Tulare County Ordinance Code pertaining to the membership and composition of the First 5 Tulare County Commission.

1.                  WAIVE THE SECOND READING AND ADOPT ON APRIL 25, 2006.

2.                   

13.             Approve the submittal of a grant application to First 5 Tulare County for funds to continue the operation of the Maternal Transitional Residences Program, in the amount of $733,308 over three years.

14.             Approve the set-up of an individual, independent, interest-bearing trust fund account for deposit of funds advanced to Tulare County under Proposition 99 to provide a Tobacco Control Program within the County.

 

 

 

Library

15.             Approve the submittal of a grant application to First 5 Tulare County for funding in the amount of $288,489 to allow the Library to continue to plan and implement the Early Literacy Program to serve those families in need of training and literacy skills which prepare family members for life-long learning.

Resource Management Agency

16.             Increase expenditures of County Road funds as specified in the County's Snow Removal Policy by authorizing up to an additional $7,500 in County Road funds for Snow removal at M216 (Redwood Drive) serving Sequoia Crest/Alpine Village and at M107 (Western Divide Road) to Ponderosa. Revise the Tulare County Snow Removal Policy Section 4 (c) to authorize the Resource Management Agency Director to increase the snow removal limit from $2,000 to $9,500.

17.             Receive grant funds in the amount of $58,223 from the State Department of Housing and Community Development for the Workforce Housing Reward Program that will enable the County to purchase and construct capital assets. Direct the Auditor-Controller to establish revenue and expenditure accounts for Fiscal Year 2005/2006 in Budget Number 001-230-4314. Approve the necessary budget adjustments. (4/5ths vote)

18.             Initiate proceedings to form Assessment District No. 05-764-CUTLER to pay for the continuing cost of maintaining the storm drainage system improvements located within Subdivision Tract No. 764 in Cutler. Designate the County Engineer as the Engineer for the purpose of these proceedings. Direct the Engineer to prepare and file a report with the Clerk of the Board.

19.             Approve the Exchange Agreement with the California Department of Transportation for the exchange of Federal Transportation project funds amounting to $887,784 for the non-Federal State Highway Funds for Fiscal Year 2005/2006. Accept the $100,000 from the State as matching funds.

20.             Waive the first reading and introduce an amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance to change Zone No. PZ 04-003 for the reclassification of 5.72 acres from the C-2 (General Commercial) Zone and M-1 (Light Manufacturing) Zone to the AP-SR (Airport Impact-Site Plan Review Combining) Zone located on the west side of State Highway 99, between Avenue 304 and Avenue 306, in Goshen.

1.                  SET PUBLIC HEARING FOR MAY 2, 2006 AT 9:30 A.M.

2.                   

Superior Court

21.             Proclaim May 8-12, 2006 as "Jury Appreciation Week" in Tulare County.

(Items Not Timed)

 

 

 

 

 

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

22.             Request from District Attorney to declare April 23-29, 2006 as "Victims' Rights Week" in Tulare County and to urge all citizens to join in this important observance.

23.             Request from the County Administrative Office to approve a transfer of $40, 000 from Contingency budget to the Fire Department budget for the purchase of a trailer to house Fire personnel in Alpaugh. Approve the necessary budget adjustments. (4/5ths vote)

24.             Request from County Administrative Office to approve the purchase of fixed assets for a Countywide SAN in the form of computer network, data center, and data storage equipment, not to exceed $450,096 that will attach to the Health and Human Services Agency disaster recovery and business continuity site in the future. Approve the necessary budget adjustments. (4/5ths vote)

25.             Request from Health and Human Services Agency to approve the purchase of fixed assets for the Tulare County Disaster Recovery and Business Continuity Plan in the form of computer network, data center, and data storage equipment, not to exceed $510,000.00. Approve a waiver to the bid process for professional products and services exceeding $75,000.00 in one year. MTM and XioTech will both provide portions of the services necessary to install and implement equipment purchased for the Disaster Recovery Plan. Approve the necessary budget adjustments. (4/5ths vote)

26.             Request from Health and Human Services Agency to adopt personnel changes to the Public Guardian office restructure. Adopt classifications of Public Guardian/Conservator, Public Guardian-Deputy I/II and Public Guardian-Deputy III, with Public Guardian-Deputy I/II being a flexibly allocated position. Approve the compensation levels of Public Guardian/Conservator at salary grade 255 ($73,463 at Step 5), Public Guardian-Deputy I at salary grade 675 ($42,136 at Step 5), Public Guardian-Deputy II at salary grade 680 ($47,466 at Step 5), and Public Guardian-Deputy III at salary grade 221 ($52,412 at Step 5). Reallocate position #1855 from Public Guardian to Public Guardian/Conservator. Reallocate positions #1958, #6665, #6666, and #7570 to Public Guardian-Deputy II. Reclassify incumbents (Employee #006379, #020110, and #013922) to Public Guardian-Deputy II. Add one Public Guardian-Deputy II position. Add one Public Guardian-Deputy III position. Approve the necessary budget adjustments. (4/5ths vote)

27.             Request from Resource Management Agency to approve the Amended and Restated Joint Powers Agreement Consolidated Waste Management Authority with the cities of Visalia, Porterville, Lindsay, Dinuba, Tulare, Exeter, and Farmersville to include the unincorporated County of Tulare as a member.

28.             Public Comments.

29.             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

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

Name of Case: Valley Citizens for Water vs. County of Tulare

T.C.S.C. Case No. 05-215123

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case: Gaona, et al. vs. Ford, et al.

T.C.S.C. Case No. 05-214757

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case: Navarrette vs. County of Tulare et al.

T.C.S.C. Case No. 05-215719

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

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

Name of Case: Daniel Chamalbide vs. County of Tulare

T.C.S.C. Case No. 05-216699

 

 

 

 

 

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

Appeal by City of Dinuba (Represented by Tuttle & McCloskey) regarding the Tulare County Planning Commission's approval of Special Use Permit No. PSP 04-110 (Salvador Medina)

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

Appeal by Walthers Enterprises, Inc. on Special Use Permit Application No. PSP 04-098

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LABOR NEGOTIATORS

Details

(Government Code Section 54957.6)

Agency Designated Representative: Tim Huntley, Brian Haddix

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All unrepresented employees except elected officials

Next Item(s) Sitting as...

Sitting as the Tulare County IHSS Public Authority Board

ITEM H

CONFERENCE WITH LABOR NEGOTIATORS

Details

(Government Code Section 54957.6)

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

Employee Organization: All Certified Employee Organizations

Unrepresented employees: All unrepresented employees

Next Item(s) Sitting as...