SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS,

THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY, AND

THE TULARE COUNTY REDEVELOPMENT AGENCY

 

August 22, 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. Recognition of Carol Pightling for winning the Certificate of Achievement for Excellence in Financial Reporting for preparing the award winning Comprehensive Annual Financial Report.

2.                  1:30 p.m. Study Session on the General Plan 2030 Update.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

3.                  PUBLIC HEARING: Request from Resource Management Agency to deny the appeal filed by Albert A. and Fredrica M. Remmer regarding Violation No. B397-052, located at 12997 Avenue 80 in Pixley and uphold the decision of the Administrative Hearing Officer made on June 19, 2006. Deny their request to waive the $300 filing fee for the appeal. Uphold all liens, fines, fees, and interest on said property.

(Consent Calendar)

CONSENT CALENDAR (Number 4 through 18)

 

 

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.                  Ratify Proclamation honoring the Tulare County Department of Child Support Services on its 5th Anniversary.

5.                  Reappoint Bill Slattery, District 5 Representative Seat, Tony Souza, At-Large-Member Seat, and Lee R. Belau, Environmental Seat, to the Agricultural Advisory Committee for terms ending June 30, 2010.

County Counsel

6.                  Introduce and waive the first reading of the proposed Ordinance adding Chapter 9, consisting of Sections 2-09-1000 through 2-09-1025, to Part II of the Ordinance Code of Tulare County, pertaining to prohibited marking or posting of any sign, notice, or similar posting on any County property, and exceptions to such.

1.                  WAIVE SECOND READING AND ADOPT ON AUGUST 29, 2006

Health & Human Services Agency

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

8.                  Reaffirm Proclamation of Local Emergency executed on July 20, 2006 due to the high number of livestock deaths and an associated reduction in available rendering services.

9.                  Reappoint Guy Christian, Member at Large, to the In-Home Supportive Services Advisory Committee for term ending June 30, 2009.

10.             Authorize the Health and Human Services Agency to award a Disneyland trip to the Family Challenge winner.

11.             Approve an amendment to Agreement No. 21982 with Primer Paso Institute Inc. d.b.a. Angela's House to provide a culturally specific drug and alcohol recovery program to Tulare County Hispanic women for Fiscal Year 2006/2007.

12.             Approve an amendment to Agreement No. 22608 with the State Water Resources Control Board to provide funding for the Local Oversight Program for the investigation and remediation of leaking underground storage tanks in Tulare County, retroactive to July 1, 2006.

13.             Approve an amendment to Agreement No. 20726 with the State of California Department of Alcohol and Drug Programs for combined Drug/Medi-Cal and Net Negotiated amount funds for Fiscal Year 2005/2006 for purposes of substance abuse treatment programs including adult residential, youth and adult outpatient, and perinatal residential and outpatient.

Human Resources & Development

14.             Assign the following classifications to the salary band of $85,717 to $120,000: Associate Resource Management Agency Director; Assistant HHSA Director, Mental Health Services; Assistant HHSA Director, Health Services; Assistant HHSA Director, Administrative Services; and Assistant HHSA Director, Human Services.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

In-Home Supportive Services Public Authority

15.             Approve an agreement with Select Benefits Administrators of America for the provision of a health protection plan that offers medical, dental, prescription, and vision coverage to eligible In-Home Supportive Services providers, effective September 1, 2006. Authorize the Director of the Public Authority to open a checking account at a local bank for an IHSS Employee Benefit Plan Trust Account. Authorize the Chairman, or his designee, the Auditor, or his designee, and the IHSS Public Authority Director to sign the necessary Signature Cards to establish an account and electronic signature. Authorize Select Benefits to use the checking account for electronic payment of all Service Agreement (umbrella) claims.

16.             Approve a long-term cash advance not to exceed $400,000 from the County's General Fund to the Tulare County In-Home Supportive Services Public Authority, repayment of the advance to be made upon the discontinuance of the IHSS Public Authority.

ADJOURN AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

 

 

Resource Management Agency

17.             Authorize the Civil War Re-enactment Society to re-enact the battle at Mooney Grove Park on the weekend of March 1, 2, and 3, 2007, including the discharge of firearms (limited to blank ammunition). Allow overnight camping during the event by the participants. Allow the use of fire pits.

18.             Adopt a Mitigated Negative Declaration/Environmental Assessment for the Road 80 Widening Project from Airport Drive near State Route 198, Visalia to Avenue 416, Dinuba. Authorize the Chairman to sign the Mitigated Negative Declaration/Environmental Assessment, Notice of Determination and Certificate of Fee Exemption.

(Items Not Timed)

 

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

19.             Request from Sheriff/Coroner to approve an Agreement with Lexipol, LLC in the amount of $16,950, which includes payment in advance and waiver of indemnification provisions, for developing and updating customized policies and procedures applicable to the Sheriff's Department.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

20.             Request from Human Resources & Development to Grant Registration of the California United Homecare Workers, AFSCME/SEIU in accordance with Tulare County In-Home Supportive Services Public Authority, Employee/Provider Relations Policy, Section 8 (a), "Registration of Employee Organizations".

ADJOURN AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

AND CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

21.             Request from Resource Management Agency to approve the plans and specifications for construction of a stormwater drainage system within the community of Richgrove for Phase Two of the overall Richgrove Stormwater Drainage, Air Quality Improvement and Recreation Project. Authorize the Chairman to sign the plans. Authorize the Advertisement of Bids and set the bid opening date and time for Wednesday, September 20, 2006 at 2:00 p.m. to be held in Conference Room A, County Administration Building, 2800 W. Burrel Avenue, Visalia.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

 

 

 

22.             Request from Resource Management Agency to approve a short-term, five acre, five month land lease with Viscotec Corporation at the Sequoia Field Airport for storing, collecting, and shipping waste agricultural irrigation plastic from selected participants, for a pilot project which will sort and classify the typical agricultural plastic waste stream in the County. Authorize the Chairman, or authorized designee, to sign the Lease Agreement, subject to County Counsel approval as to form, and any and all other documents or instruments necessary or required to properly execute the provisions of the Lease Agreement.

23.             Presentation given by Health and Human Services Agency on the changes to Medi-Cal citizenship requirements as a result of the Federal Deficit Reduction Act of 2005.

24.             Request from County Counsel to determine the manner in which to provide Mandatory Ethics Training (AB 1234) to local government officials in Tulare County.

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

(Government Code Section 54956.9(a).)

Name of Case: Hamilton v. County of Tulare

Tulare County Superior Court Case No. 05-216924

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Name of Case: Lonzo Anderson, et al. v. County of Tulare

Tulare County Superior Court Case No. 05-01498 FVS SMS

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Name of Case: Shields v. County of Tulare, et al.

Tulare County Superior Court Case No. 05-214928

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Name of Case: Stanleigh Megargnee, et al. v. County of Tulare, et al.

United States District Court, Eastern District of California

Case No. 1:06-CV-00684-AWI-LJO

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b)

Number of Potential Cases: 1

Appeal by Albert A. and Fredrica M. Remmer regarding Violation No. B397-052, site located at 12997 Ave. 80, Pixley

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Details

(Government Code Section 54956.8)

Property: 5959 South Mooney, Visalia, CA

Agency Negotiator: Henry Hash and Resource Management Staff

Negotiating Parties: Assembly Committee on Rules California State Assembly

Under negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LABOR NEGOTIATOR

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 Representatives: Tim Huntley, Brian Haddix

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees

Next Item(s) Sitting as...