July 11, 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. Recognition of Dolores "Lola" Lopez for 28 years of County service.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

2.                  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 3 through 22)

 

 

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

3.                  Approve the candidate statement regulations and printing fees for the November 7, 2006 General Election. Require each candidate filing a statement to pay the estimated cost in advance. The estimated cost will be adjusted to actual upon completion of the election. Candidates will be refunded or billed for the difference. Limit each candidate's statement to no more than 200 words for County Offices and 250 words for State Offices.

4.                  Approve fixed asset for the purchase of a rear camera for the Treasury Payment Processor. The camera will allow the Treasury to image and transmit checks online to the bank, providing same day deposit with the bank, making the funds available to invest and earn interest in one day. The total cost of $6,075.00 includes all installation costs. Approve the necessary budget adjustments. (4/5ths vote)

Board of Supervisors

5.                  Appoint Jeffrey A. Nelson as District 2 Representative on the Fish and Game Commission for a term ending September 4, 2006.

6.                  Reappoint Michael D. George as Director on the Tulare County Pest Control District for a term ending April 23, 2010.

7.                  Reappoint George Ouzounian to the Assessment Appeals Board representing District 3 for a term ending July 1, 2009.

8.                  Appoint Ray Bullick to the Health and Human Services Agency seat on the First 5 Tulare County Commission.

9.                  Reappoint Katherine Rowland-Smith to the Sequoia Area VIII Board for Developmental Disabilities for a term ending December 31, 2006.

Health & Human Services Agency

10.             Reaffirmation of Declaration of State of Emergency in the Tulare County Winter Storm.

11.             Approve an amendment to Agreement No. 19959 with Kaweah Delta Health Care District for the provision of mental health services from Kaweah Delta Mental Health Hospital retroactive to July 1, 2006. The purpose of the amendment is to address payment time frames and update the rate structure for Fiscal Year 2006-2007. The term of this agreement is through 2015.

12.             Approve an amendment to Agreement No. 21964 with National Council on Alcoholism and Drug Dependence Inc. to extend the contract through June 30, 2007 for the provision of alcohol and drug prevention services for Fiscal Year 2006-2007.

13.             Approve an agreement with Tulare County Superintendent of Schools for Health and 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, 2006 through June 30, 2008. Tulare County receives a 4 percent administrative fee.

14.             Approve an agreement with Stone Corral School District for Health and 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, 2006 through June 30, 2008. Tulare County receives a 4 percent administrative fee.

15.             Approve an agreement with Ocadian Care Centers, d.b.a. Medical Hill Rehabilitation, a licensed Skilled Nursing Facility for Fiscal Year 2006-2007 retroactive to July 1, 2006 through June 30, 2007 for a maximum of $180,000.

16.             Authorize Health and Human Services Agency to access the FBI criminal history database for information used in employment, licensing, or certification purposes.

Probation

17.             Approve an amendment to Agreement No. 21720 with the City of Farmersville to provide a Probation Officer for the continued operation of the Thunderbolt Delinquency Prevention Program. This amendment will extend the term of the partnership through June 30, 2007.

Resource Management Agency

18.             Approve an agreement with Southern San Joaquin Municipal Utility District and Frasinetto Farms, LLC for the transfer and conveyance of Class I Water. Authorize Resource Management Agency and Dennis R. Keller to take necessary actions to comply with the provisions of the Agreement.

19.             Accept work as complete for the Landfill Entrance on Avenue 328 between Road 80 and Road 88 by Henderson Construction of Fresno, California. Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the Notice of Completion recorded.

20.             Waive the first reading and introduce an Ordinance amending Ordinance No. 352, Tulare County Zoning Ordinance, pertaining to the regulation of Adult-Oriented Business uses in designated zones and the repeal of the Interim Adult-Oriented Business Zone, Ordinance No. 3317 and its extension, Ordinance No. 3320.

1.                  SET PUBLIC HEARING FOR JULY 25, 2006 AT 9:30 A.M.

2.                   

21.             INFORMATION ONLY: Bid Opening results for the Richgrove Drainage Basin Excavation.

Dunn's Sand, Inc.

 

$756,579.00

Davis Moreno Construction, Inc.

$761,955.86

Wood Bros., Inc.

 

$1,068,964.00

Lee's Paving, Inc.

 

$1,232,655.50

 

 

 

 

Engineer's Estimate

 

$585,831.00

5% Contingency

 

$29,169.00

 

Project Total

$615,000.00

 

Workforce Investment Board

22.             Approve a Master Subgrant Agreement No. R760361 and allocations with the State of California Employment Development Department for Workforce Investment Act Title I-B Youth Programs in the amount of $3,041,110 for program years 2006-2008.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

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

24.             Request from Resource Management Agency to approve an agreement with Shaw Environmental, Inc. in the amount of $414,255 to provide a closure and expansion design, perform a liner performance demonstration project, prepare an updated Report of Waste Discharge and provide construction quality assurance services for the design and construction of the phased expansion and closure of the Woodville Solid Waste Disposal Site.

25.             Request from Resource Management Agency to approve Program Supplement No. M031 under Administering Agency State Agreement No. 06-5946 in the amount of $1,350,000 for reimbursement of costs associated with the purchase of nine (9) compressed natural gas (CNG) replacement dump trucks.

26.             Request from County Administrative Office to approve Administration Regulation Number 30 regarding the establishment of a policy regarding use of County Facilities by Non-County Organizations.

27.             Request from County Administrative Office to select the successful firm from the Federal Legislative Services Request for Proposal Finalists. Authorize the Chairman to sign the agreement pending review and approval by County Counsel.

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

(Government Code Section 54956.9(a)

Name of case: Garcia v. Turner, et al.

T.C.S.C., Case No. 05-216563

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a)

Name of case: Ganoe v. Wittman et al.

U.S.D.C. Eastern District Case No. CIV F-035878 OWW DLB P

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a)

Name of case: DFEH v. County of Tulare

D.F.E.H. No. E 200405-H-1207-00-fpe

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

(Government Code Section 54956.9(b)(1)

No. 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 E

CONFERENCE WITHLEGAL COUNEL - ANTICIPATED LITIGATION

Details

(Government Code Section 54956.9(b)(1)

No. of potential cases: 1

Establishment of a policy allowing public use of County facilities

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9(c)

No. of potential cases: 1

Next Item(s) Sitting as...

ITEM G

CONSIDER PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:

Details

Secretary to the Board of Supervisors

(Government Code Section 54957)

Next Item(s) Sitting as...

ITEM H

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 I

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...