SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS,

THE TULARE COUNTY IHSS PUBLIC AUTHORITY BOARD, AND

THE TULARE COUNTY REDEVELOPMENT AGENCY

 

 

May 2, 2006

 

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


 

(Public Comment Period)

1.                  9:00 a.m. Presentation by Tri-Wall Weyerhaeuser Company regarding their expansion.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

2.                  PUBIC HEARING: Request from Resource Management Agency to waive the second reading and adopt 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. Certify the Negative Declaration and find the rezoning will not have a significant effect on the environment. Approve the rezoning from C-2, M-1 to AP-SR as modified by the Planning Commission. Direct the Clerk of the Board of Supervisors to return the Notice of Determination to the Resource Management Agency for future filing with the County Clerk.

(Consent Calendar)

CONSENT CALENDAR (Number 3 through 16)

 

 

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

3.                  Appoint John Davis, Health and Human Services Director, to the First 5 Tulare County Commission.

4.                  Ratify Proclamation honoring the Tulare County Farm Bureau.

District Attorney

5.                  Accept increased grant funding from the California Department of Insurance for the Workers' Compensation Insurance Fraud Prosecution Program in the amount of $46,230. Approve the Grant Award Agreement and ratify District Attorney Phil Cline's signature on behalf of the Chairman, retroactive to July 1, 2005 through June 30, 2006. Approve the necessary budget adjustments. (4/5ths vote)

6.                  Authorize the District Attorney to accept a donation of $5,000 from a private foundation to augment the existing Gang Violence Suppression Program to be deposited into Trust 545, Special Projects.

 

 

7.                  Approve an amendment to Lease Agreement No. 21872 with Ron and Carolyn McIntosh for the addition of a dedicated and specialized air conditioning unit at 701 West Center Street, Visalia, to ensure the adequate cooling of the server room that houses computer and communication equipment essential to the operation of the ACTION Project. The lease will include an additional monthly payment of $180.00 per month for 24 months, retroactive to January 1, 2006.

Health & Human Services Agency

8.                  Waive the first reading and introduce an Ordinance to amend Section 11 of Ordinance No. 3217 pertaining to the Duty Requirements of the First 5 Tulare County Commission under Assembly Bill 109, which County Commissions must comply in order to receive tax revenue effective July 1, 2006.

1.                  WAIVE THE SECOND READING AND ADOPT ON MAY 9, 2006

2.                   

9.                  Waive the second reading and adopt an Ordinance to amend Section 7 of Ordinance No. 3217 pertaining to the membership and composition of the First 5 Tulare County Commission.

Human Resources & Development

10.             Grant the request of the Board of Directors of the Tipton/Pixley Cemetery District of Tipton for the inclusion of their employees in the County's Group Health Plan. Amend Article 5 of Resolution 94-1219 to direct Special District premium payments to the Benefits Unit of the Human Resources & Development Department.

Resource Management Agency

11.             Approve an amendment to Agreement No. 21727 with Hyde Rentals for the lease of office space to house the Health and Human Services Agency's Adoptions and Independent Living Programs located at 3500 W. Mineral King, Suite B, Visalia, extending the term of the agreement for one (1) year and include an option to renew for one (1) additional year under the same terms and conditions.

12.             Approve a Lease Agreement with Hyde Rentals for 5,798 square feet of office space located at 3500 W. Mineral King, Suite C, Visalia, to house the Kings/Tulare Area Agency on Aging Program staff that are currently occupying space at other leased buildings within David Hyde's West Mineral King office complex.

13.             Authorization to apply for a Stewardship Council Partnership Grant in the amount of $80,000 for the construction of two basketball courts at Ledbetter Park.

14.             Approve the Fixed Asset Budget Adjustment in Budget 012-231-3050-2100 and 012-231-3050-2150 as well as an increase in revenue line 012-231-3050-5700; and, the creation of Budget Line 012-231-3050-5170 for the purchase and installation of materials and labor for Federal Aviation Administration and CalTrans Division of Aeronautics funded security fencing at Sequoia Field. Approve the necessary budget adjustments. (4/5ths vote)

 

 

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

15.             Accept the Preliminary Plan from the Planning Commission for the creation of a new Redevelopment Project Area in Tipton. Direct staff to prepare a Redevelopment Plan for the proposed project area and transmit the appropriate information to the taxing agencies and officials.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

16.             Find that a Project Area Committee is necessary for the proposed Redevelopment Project Area of Tipton. Per the California Community Redevelopment Law, a Project Area Committee must be formed by election for each project area in which the power of eminent domain is held by the Redevelopment Agency.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

17.             Request from District Attorney to accept continued grant funding from the California Department of Justice, Office of the Attorney General for the Spousal Abuser Prosecution Program in the amount of $66,523 for Fiscal Year 2005-2006, with an in-kind match requirement of $16,631 for a total grant amount of $83,154. The required match has been met through a grant from the Office of Emergency Services for victim services worker in the Victim Witness Program of the District Attorney's Office. Find that grant funds will not be used to supplant expenditures controlled by this body and will hold the Department of Justice harmless from any claims that may arise from the use of grant funds.

18.             Request from District Attorney for authorization to apply for continued grant funding from the Office of Emergency Services for the Violence Against Women Vertical Prosecution Program in the amount of $140,000 with a $35,000 County match for Fiscal Year 2006/2007. Authorize the Chairman to sign the Grant Award Facesheet and the Certification of Assurance of Compliance.

19.             Request from Resource Management Agency to allow a request from Mr. David Douda, Quad Knopf and Ms. Pearl Ensminger (GPI 05-017) to prepare and file a General Plan Amendment application to change the land use designation in the Goshen Community Plan from Community Commercial to Residential, located east of State Route 99, east of Road 72 and along Avenue 308 in the community of Goshen.

20.             Request from Resource Management Agency to not allow a request from Mr. Seng and Nina Saephan (GPI 05-013) to prepare and file a General Plan Amendment application to change the land use designation in the Visalia Land Use Plan (GPA 92-07 B/C) from Rural Residential to Local Retail on 4.71 acres located at 32241 Road 124, at the northwest corner of State Route 63 and Avenue 322, north of the City of Visalia, within the Patterson Tract Urban Development Boundary.

 

21.             Request from Human Resources and Development to establish the confidential, At-will position of Secretary to the Board of Supervisors. Adopt the Class Specification and Designation for the Secretary to the Board position, effective April 30, 2006. Approve the salary range of $34,491 - $42,034, Grade 421, Bargaining Unit 21 and allocate one position to Agency 010, Board of Supervisors. Delete the allocation of the existing position of Administrative Assistant to the Board from Agency 010, Board of Supervisors.

22.             Request from County Administrative Office to approve the document submitted for consideration as the Official Notice to Amend the California Department of Forestry & Fire Protection Service Agreement. Direct staff to deliver the approved document to the California Department of Forestry representatives at their earliest opportunity.

23.             Request from County Administrative Office to approve and award the agreement to Strategic Local Government Services, LLC for State Legislative Services. Authorize the Chairman to sign the agreement, subject to review and approval by County Counsel.

24.             Request from County Administrative Office to approve and award the agreement to Alcalde and Fay, Inc. for Federal Legislative Services. Authorize the Chairman to sign the agreement, subject to review and approval by County Counsel.

25.             Public Comments.

26.             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

Conference with Legal Counsel [Government code Section 54956.9(a)]

Name of Case: Ira Watley v. County of Tulare, T.C.S.C. Case No. 05-216077

Next Item(s) Sitting as...

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

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9(c)]

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM D

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 E

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...