May 9, 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. Introduction of new CHP Visalia Area Commander, Captain Steve Sullivan.


 

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

2.                  PUBLIC HEARING: Request from Health and Human Services Agency to consider and approve the proposed increase in fee adjustments for the Environmental Health Services Division that are in line with the actual costs of providing the services for Fiscal Year 2006/2007. Authorize Environmental Health Services to implement the increase in fees beginning July 1, 2006.

3.                  PUBLIC HEARING: Request from Assessor/Clerk-Recorder to adopt the fee increases recommended by the Clerk-Recorder and the Auditor-Controller to recover costs associated with providing the services.

4.                  PUBLIC HEARING: Request from the Assessor/Clerk-Recorder to consider and approve the proposed fee increases for planning applications processed by the Assessor's Office.

5.                  PUBLIC HEARING: Request from Resource Management Agency to consider the formation of Assessment District No. 05-759-VISALIA to pay for the continuing cost of maintenance of the public streets within Subdivision Tract No. 759, located north of the City of Visalia.

6.                  PUBLIC HEARING: Request from Resource Management Agency to deny the appeal filed by Diana Gruber and Doreen Caetano-Jungk regarding Special Use Permit PSP 03-067 Western Milling, LLC/Phoenix Bio Industries, Inc.

(Consent Calendar)

CONSENT CALENDAR (Number 7 through 30)

 

 

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

7.                  Approve an agreement with the California Department of Food and Agriculture to provide State subvention funds to offset costs for inspections and sampling relating to the advertising and labeling of petroleum and automotive products at establishments selling or distributing petroleum and/or automotive products; and weighmaster audit and verification inspections, effective July 1, 2006 through June 30, 2007.

 

 

Assessor/Clerk-Recorder

8.                  Introduce and waive the first reading of an Ordinance pertaining to the proposed fee increases set out in the Ordinance to cover the cost of services. Approve the Notice of Hearing and direct the Clerk of the Board to provide that notice to the public. Approve a summary of the proposed Ordinance and direct the Clerk of the Board to publish that summary at least five days before the public hearing.

1.                  SET THE PUBLIC HEARING FOR MAY 23, 2006 AT 9:30 A.M.

 

Auditor/Controller

9.                  Approve an amendment to Agreement No. 22631with the State of California, Help America Vote Funds, to allow the County to use funds for the acquisition of items not previously allowed in the original agreement to assist with complying with the requirements of the Help America Vote Act of 2002.

10.             Authorize the Chairman of the Board to write a letter to the State Legislature in support of full reimbursement for State Mandated costs incurred during the November 2, 2005 Special Election.

11.             Request from Registrar of Voters to consolidate the School Districts of Kings River Union Elementary, Kings Canyon Joint Unified, Visalia Unified School District, and Kingsburg Joint Union High with the Primary Election and any other election which may be held within the jurisdiction of said districts on Tuesday, June 6, 2006. Authorize the County Election Official to perform all necessary and required services to the aforementioned Districts relating to the conduct of the Consolidated Election. Affirm the consent to the consolidation of these elections and the procedures to be used in the conduct of the consolidated election, and said consolidation shall adhere to the provisions as set forth in Section 10400 et.al. of the Elections Code. Require each individual District to reimburse the County in full for the services performed in connection with these elections. Require the County Election Official to prepare a certified statement of the results of the election and submit it to each governing body within 28 days of the election.

12.             Request from the Registrar of Voters to declare candidates elected to the Democratic and Republican Parties County Central Committees.

DEMOCRATIC PARTY

REPUBLICAN PARTY

GREEN COUNTY COUNCIL, GRN

 

 

 

First District

First District

Merrily T. Davies

Barbara Waldron

Berniece V. Doan

Don Manro

 

Betty Elliott

Robert Osak

Second District

Darrel Waterman

Annabel T. Prindle

Grace Salinas Calderon

 

David Minton Silva

Jacinto Jack Gonzalez

Second District

 

Donald W. Whaley

Elizabeth Boghosian

 

 

Laura Gadke

 

Third District

Dian Nunes

 

Lita Reid

 

 

 

 

 

 

 

 

 

 

 

DEMOCRATIC PARTY

REPUBLICAN PARTY

 

 

 

 

Fifth District

Third District

 

Jeff Keele

Caleb A. Adams

 

Emily E. Leppert

Donald Ray Estes

 

Elfrieda O. Whatley

Mariann Hedstrom

 

 

Elizabeth A. Norton

 

 

Mary Thomason

 

 

Tom Wright

 

 

 

 

 

Fourth District

 

 

Jason W. George

 

 

 

 

 

Fifth District

 

 

Annabelle R. Goebel

 

 

Boyd K. Leavitt

 

 

Pete V. McCracken

 

 

Board of Supervisors

13.             Ratify Proclamation for Peace Officer Memorial.

Child Support Services

14.             Authorize and direct the Purchasing Agent to take the necessary actions needed to purchase two video conferencing systems. Recognize these two video conferencing systems as replacement assets. Approve the necessary budget adjustments. (4/5ths vote)

County Administrative Office

15.             Approve the acquisition, under FOCUS, WSCA or CMAS purchasing programs, of fixed assets in the form of computer network, Voice over IP telephone (VoIP), data center, and data storage equipment, not to exceed $140,000.00; to be spent by June 30, 2006. Authorize the acquisition, under FOCUS, WSCA or CMAS purchasing programs, of computer network and VoIP equipment, including appropriate staff training, for the Processing Center Complex, Hyde Complex, Mooney Grove and Government Plaza in an amount not to exceed $850,000; again, to be spent by June 30, 2006. Authorize the trade-in of telecommunications equipment on-hand to reduce the cost for new equipment. Authorize the Purchasing Agent to issue a Purchasing Order(s), under FOCUS, WSCA or CMAS programs, to install newly purchased equipment for the Processing Center Complex, Hyde Complex, Mooney Grove and Government Plaza in an amount not to exceed $300,000. Revoke the authority granted to the Purchasing Agent with Resolution 2006-0153 to install the previously-purchased telephone system at the Processing Center and network the system to Government Plaza. Approve the necessary budget adjustments. (4/5ths vote).

 

 

District Attorney

16.             Authorization to apply for continued grant funding from the California Department of Insurance for the Workers' Compensation Insurance Fraud Prosecution Program in the amount of $322,187, effective July 1, 2006 through June 30, 2007. Ratify District Attorney Phil Cline's signature on the Grant Application Transmittal. Find that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

17.             Authorization to apply for continued grant funding from the Office of Emergency Services for the Elder Abuse Advocacy and Outreach Program in the amount of $64,000 with a County match of $16,000 for a total program cost of $80,000. Authorize the Chairman to sign the Grant Award Face Sheet and Certification of Compliance.

18.             Authorization to apply for continued grant funding from the Governor's Office of Emergency Services for the Central Valley Rural Crime Prevention Program in the amount of $692,625 for Fiscal Year 2006/2007. Authorize the Chairman to sign the Grant Award Face Sheet and the Certification of Assurance of Compliance. Find that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

Health & Human Services Agency

19.             Reaffirm Declaration of State of Emergency in the Tulare County New Year's Storm 2006.

20.             Reaffirm Declaration of State of Emergency in the Tulare County Winter Storm 2006.

21.             Approve a Memorandum of Understanding with the Tulare County Courts that will allow Health and Human Services Agency to purchase access to the SUSTAIN application for court calendaring and other business functions.

22.             Approve the purchase of a Bone Density Testing Machine for the Preventive Health Care for Aging in the amount of $13,995 to screen for osteoporosis at Senior Centers, Health Fairs and other requested events. Approve the necessary budget adjustments. (4/5ths vote)

23.             Waive the second reading and adopt 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.

Human Resources & Development

24.             Approval to observe the Christmas Eve Holiday on Friday, December 22, 2006.

Resource Management Agency

25.             Approve an amendment to Agreement No. 20020 with Coelho Meat Co., Inc. to extend the term for three (3) years and include an option to renew for three (3) additional years under the same terms and conditions for the lease of office space located at 1537 Sunset Avenue, Tulare to house the District Attorney's/Sheriff's Action Project.

26.             Approve a Lease Agreement with the United States Department of the Interior, Bureau of Indian Affairs, for a lease of a communications site within the Tule River Indian Reservation on Oat Mountain to be utilized by the County of Tulare.

Sheriff/Coroner

27.             Approve an agreement with the Cutler-Orosi Unified School District to provide one full-time school resource officer on campus for a period of three (3) years to assist school officials in enforcing school attendance laws; assist with other law enforcement on campus; provide classroom instruction in law enforcement issues such as gang awareness; and attend district meetings.

28.             Authorization to submit a grant application to the California Office of Emergency Services, Anti-Drug Abuse Program, for continued grant funding for the Inter-Agency Narcotics Enforcement Team.

29.             Authorization to submit a grant application to the Substance Abuse and Mental Health Services Administration of the U.S. Department of Health and Human Services to be utilized for cost of personnel, educational materials, and training under the Methamphetamine Prevention Program.

30.             Authorization to submit a grant application to the California Office of Emergency Services for continued grant funding for the California Multi-Jurisdictional Methamphetamine Enforcement Team Program for Fiscal Year 2006/2007.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

31.             Bi-weekly Update of Progress of Emergency Repairs to Visalia Courthouse Cooling and Heating Water Distribution System.

32.             Approve acceptance of grant applications awarded to the County by the Indian Gaming Local Benefit Committee: Sheriff's Tower Communication Project; Doyle Colony Fire Staff Proposal; and Reservation Road Rehabilitation Projects.

33.             Request from Auditor/Controller to approve the purchase of 97 replacement vehicles at an estimated cost of $3,778,883. Authorize payment for those vehicles through the use of unexpended proceeds from previous borrowing and a 3-year or 5-year loan from the Worker's Compensation Insurance Fund.

34.             Request from the County Administrative Office to authorize the transition of personnel, management, and administrative control of Mental Health Services Act from the County Administrative Office to the Health and Human Services Agency, Mental Health Branch. Authorize the Auditor's Office to process the transfer of Trust #438 to the Health and Human Services Agency. Approve the necessary budget adjustments. (4/5ths vote)

35.             Public Comments.

36.             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: People of the State of California v. Northwind Properties, Ltd., et al., T.C.S.C. Case No.: 05-215443

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

Conference with Legal Counsel (Government Code Section 54956.9(a).)

Name of case: Daniel Chamalbide v. County of Tulare, T.C.S.C. Case No.: 05-216699

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: 1

Appeal filed by Diana Gruber and Doreen Caetano-Jungk regarding Special Use Permit

PSP 03-067 Western Milling, LLC/Phoenix Bio Industries, Inc.

Next Item(s) Sitting as...

ITEM D

CONSIDER PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:

Details

Senior Administrative Assistant to the Board of Supervisors, At-Will Appointment (Non-

Competitive Service).

(Government Code Section 54957)

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LABOR NEGOTIATORS

Details

(Government Code Section 54957.6)

Agency Designated Representative: Tim Huntley and 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 F

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...