September 12, 2006


9:00 A.M. Board Convenes




Moment of Silence






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 Dr. Bill Scroggins, Superintendent/President for the College of Sequoias.

2.                  9:00 a.m. Legislative update regarding the end of the State session given by Brian Haddix, County Administrative Officer.




(Timed Items)

3.                  PUBLIC HEARING: Request from Resource Management Agency to approve the Tentative Map for Tract 776/PSR, submitted by DCM Enterprises, Inc. for a single family residential subdivision of 67 acres into 40 residential lots in the PD-F-M (Planned Development - Foothill Combining - Special Mobilehome) Zone on property located 1,600 feet north of Avenue 176, one mile west of Road 320, southwest of Springville and adopt the Findings, subject to the conditions recommended by the Planning Commission Resolution No. 8168.  Certify the Mitigated Negative Declaration prepared for Tentative Map 776/PSR and find that although said subdivision map may have a significant cumulative effect on the environment, there will not be a significant effect in this case because the mitigation measure described in the conditions of approval have been incorporated into the application.  Adopt the Mitigation Monitoring and Reporting Program.  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.

4.                  PUBLIC HEARING: Request from Resource Management Agency to deny the appeal filed by Mr. Farshad A. Tafti for Violation No. V199-032, located at 5390 Avenue 308, Goshen and uphold the terms of an original Code Compliance Agreement agreed upon at the August 18, 2004 Administrative Hearing.  Further, uphold all liens, fines, and interest on said properties.

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 29)




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

5.                  Approve an agreement with the California Department of Pesticide Regulation in the amount of $54,416 in state subvention funds for electronic submittal of pesticide use report records, retroactive to July 1, 2006 through June 30, 2007.  Authorize the Chairman to sign the Certification Form.

6.                  Approve an agreement with the California Department of Food and Agriculture in an amount of up to $221,291 for state subvention funding to offset costs of pest detection trapping and scientific evaluation trapping for exotic insect pests, retroactive to July 1, 2006 through June 30, 2007.


Board of Supervisors

7.                  Reappoint Phyllis Coring to the Agricultural Advisory Committee, Cities Seat for a term ending June 30, 2010.

8.                  Reappoint George Serpa, Member 3 and Walter Bricker, Member 2 to the Tulare County Flood Control District for terms ending September 1, 2010.

County Administrative Office

9.                  Approve and ratify the County Administrative Officer's delegated actions regarding Contracts and Personnel/Payroll changes for the month of August 2006.

Health & Human Services Agency

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

11.             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.

12.             Approve an amendment to agreement No. 22004 with the Tulare County Superintendent of Schools for the Friday Night Live Program and the Safe and Drug Free Schools Grant Program, retroactive to July 1, 2006 through June 30, 2007.

13.             Approve an amendment to Agreement No. 21968 with A.S.T.E.P., Inc. for the provision of an Alcohol and Drug Treatment Program for adults in Tulare County, retroactive to July 1, 2006 through June 30, 2007.

14.             Approve an amendment to Agreement No. 22015 with Fresno Community Hospital and Medical Center d.b.a. Community Behavioral Health Center for the provision of short-term inpatient psychiatric services to Tulare County residents, retroactive to July 1, 2006 through June 30, 2007.

15.             Approve an agreement with the Academy of the Sierras, a Healthy Living Academy, retroactive to July 1, 2006 through June 30, 2007.  The Academy is a boarding school for morbidly overweight adolescents ages 13-18 and focuses on long-term weight control.

16.             Authorize the Director of Health and Human Services Agency to submit a Letter of Intent to participate in the Outreach Enrollment, Retention, and Utilization Project.  Authorize Health and Human Services Agency to proceed in the development and submission of the Outreach, Enrollment, Retention, and Utilization Plan and Budget to the State Department of Health Services.  Health and Human Services Agency will return to the Board of Supervisors on or before December 12, 2006 for approval of the Outreach, Enrollment, Retention, and Utilization Plan and Budget along with all necessary agreements to implement the project.




Human Resources & Development

17.             Accept and approve to offer the Blue Shield $0, $500, and $1,000 deductible PPO plans, moving from a fully insured model to a shared-risk model offered through the California State Association of Counties - Excess Insurance Authority (CSAC-EIA) in Plan Year 2007.  Renew the agreement with Delta Dental.

Resource Management Agency

18.             Affirm the Annual Veterans' Day Parade to be held on November 4, 2006 in the community of Cutler/Orosi.

19.             Affirm the Annual Springville Apple Festival to be held on October 21 & 22, 2006 on State Route 190 in the community of Springville.

20.             Approve the plans and specifications for the Asphalt Overlay Project to construct Road 80 from Avenue 126 to Avenue 334 and from Avenue 358 to Avenue 376.  Approve the advertisement; set the Bid Opening date for Wednesday, October 11, 2006 at 2:00 p.m.; and concur the project is exempt from the California Environmental Quality Act requirements.

21.             Approve an amendment to Agreement No. 22699 with Key Government Finance, Inc. to amend language concerning the "Ownership and Title" transferring the title of the equipment to the County for the specific purpose of avoiding an increase in cost to the County Wide Copier Program of approximately $70,000 over the five year term.

22.             Approve an agreement with the City of Dinuba for the operation and maintenance of Road 70 between Avenue 412 (Sierra Way) and Avenue 416 (El Monte Way), subject to review and approval as to form by County Counsel to insure consistency with the action taken by the Local Agency Formation Commission.

23.             Approve an agreement with the State of California, Department of Transportation, in the amount of $108,000 for cost reimbursement to purchase a Compressed Natural Gas Transit Bus.  Authorize the Chairman to sign the reimbursement request upon purchase of the Transit Bus.


24.             Approve the purchase of four (4) All-Terrain Vehicles in the amount of $31,390 and four (4) Ski-Doo Snowmobiles in the amount of $57,412 to be used for search and rescue missions in the rugged mountains on federal land.  Approve the necessary budget adjustments and request the Auditor-Controller to adjust the 2006/2007 Fiscal Year budget to reflect the purchase of the fixed assets with reimbursements from HR 2389 Title III, Safety Net funds. (4/5ths vote)

25.             Approve an agreement with the Sequoia and Kings Canyon National Parks, National Park Service, U.S. Department of Interior for cooperative law enforcement services for crimes committed with the proprietary jurisdiction areas of Sequoia and Kings Canyon National Parks.

26.             Approve an agreement with Global Tel*Link to provide the Inmate Telephone Services at the Jail Facilities for the Tulare County Sheriff's Department.  The agreement will be for three (3) years with two one-year renewable options.

(Items Not Timed)



Items not specifically timed may be taken in any order


27.             Request from Resource Management Agency to allow a request from Ms. Donna Shamley of Roberts Engineering for Mr. and Mrs. Jeff Kurz, GPI 05-007 (Kurz) to file a General Plan Amendment application to change the Strathmore Community Plan Land Use Designation from Low and Medium Density Residential to Industrial on three parcels located at 19560 Taylor Road, on the southeast corner of Taylor Road and Avenue 196, Strathmore with the requirement of a traffic study to determine the impacts of trucks on surrounding roads and that the zone change includes the Site Plan Review overlay zone.

28.             Request from Resource Management Agency to approve the formation of 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.  Approve the Engineer's Report.  Declare the Board's intention to levy and collect assessments.  Accept the ballot and waiver of public meetings and hearings, including notice thereof, provided by the property owner.  Approve an agreement with Freedom Homes Real Estate IV to collect the assessments for Fiscal Year 2006/2007 upon first conveyance of each lot.

29.             Request from Resource Management Agency to approve the Final Map for Subdivision Tract No. 764 located on the north side of Avenue 404, east of Nancy Road in Cutler.  Approve an agreement with Freedom Homes IV to complete all required public improvements for Subdivision Tract No. 764.  Accept the Road Right-of-Way Dedications for Subdivision Tract No. 764 as shown on the Final Map, subject to completion of road construction and acceptance of public improvements.  Accept the Grant Deed for the one-foot reserve strips identified on the Final Map for Subdivision Tract No. 764 as Lots A and B.

30.             Public Comments.

31.             Board of Supervisors matters.

32.             1:30 p.m. Strategic Business Plan presentation and adoption.







33.             1:30 p.m. Budget Hearings

(Closed Session)

Introduction and Overview


PUBLIC HEARING:  Citizens’ Option for Public Safety (COPS) 

Review proposed expenditure of funds allocated from the California State Legislature for the Citizens Option for Public Safety (COPS) Program.  Authorize the Auditor/Controller to distribute the monies, per the spending plan, as modified by public input and Board of Supervisors direction.

Enterprise Funds - Consent Budgets 



C Funds – Fund C15 Lemon Cove Water

L Funds – Assessment Districts

         L01  Orosi Lighting/Landscape          L65  Earlimart Storm Drain

         L05  Orosi Storm Drain                       L75  Teviston Storm Drain

         L10  Orosi Storm Drain                       L80  Earlimart Storm Drain 

         L16  Earlimart Storm Drain                 L85  Orosi Storm Drain

         L60  Tipton Storm Drain         


Enterprise Funds – Individual Discussion and Action


            Solid Waste


County Service Areas #1 and #2 Zones of Benefit - Consent Budgets 


El Rancho                              Delft Colony Sewer                           Delft Colony Water

Seville                                     Tonyville                                             Tooleville

Traver                                     Yettem Sewer                                    Yettem Water

Wells Tract Water                 Wells Tract Sewer


Redevelopment Agency and Special Districts - Consent Budgets 


Cutler/Orosi                           Cutler/Orosi Remediation                Earlimart       

Goshen                                   Ivanhoe                                               Pixley

Poplar-Cotton Center           Richgrove                                           Traver


            In-Home Supportive Services

Terra Bella Sewer District

Tulare County Flood Control District


Internal Services Funds – Consent Budgets 


            Information Technology



Worker’s Compensation

General Liability

Property Insurance

Medical Malpractice


Resource Management Agency

Building Maintenance


Custodial Services

Grounds Maintenance

Mail Services

Motor Pool


Print Services



Operating Funds – Consent Budgets 


Aviation Fund

Building Debt Service

Child Support Services

Equipment Debt Service 

Fish and Game

Health Realignment

Indigent Health


Mental Health Realignment

Pension Obligation Bond

Road Fund

Social Services Realignment

Tobacco Settlement Proceeds

Workforce Investment Department


Operating Funds – Individual Discussion and Action


Capital Projects Fund 

Fire Department – Structural Fire Fund
General Funds – Consent Budgets 
Agricultural Commissioner


Auditor-Controller/Treasurer-Tax Collector/Registrar of Voters

Board of Supervisors

Capital Acquisitions

Central Telephone Services

Citizens’ Option for Public Safety (COPS)

Cooperative Extension

County Administrative Office

County Counsel 

Debt Service – Bond & Interest

Drug & Alcohol Abuse Testing

Gang Task Force – Multi-Agency

General County Revenues

Health and Human Services Agency

Human Resources and Development

Juvenile Justice Crime Prevention Act

Miscellaneous Administration

Miscellaneous Criminal Justice


Public Defender


Resource Management Agency

Rural Crime Prevention

Rural Crime Technical Grant Action Project



Position Allocation and Classification Schedules:  Approve changes to position allocations, reclassifications, and classification specifications.


General Funds – Individual Discussion and Action


            District Attorney


Final Actions to Balance – General Fund



Others as Needed


Direction and Authorizations


  1. Authorize Auditor-Controller to make necessary minor adjustments in order to bring the Fiscal Year 2006/2007 Budget into final balance.
  2. Other direction as needed.


Budget Adoption


Upon conclusion of Final Budget Hearings, adopt budgets for all funds and activities as modified during hearings.



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





It is the intention of the Board to meet in closed session concerning:


Sitting as the Tulare County Board of Supervisors





(Government Code Section 54956.9(a).)

Name of Case: Doreen Caetano-Jungk, Diana Gruber vs. County of Tulare, Tulare County Board of Supervisors, and Western Milling, LLC (Real Party in Interest), Superior Court of the County of Tulare Case No. VCU-220509-06

Next Item(s) Sitting as...




(Government Code Section 54956.9(a).)

Name of Case: Carranza, Susan v. County of Tulare

Workers Compensation Appeals Board No. FRE 226201 and FRE 226600

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

Number of Potential Cases: 1

Appeal filed by Mr. Farshad A. Tafti regarding Violation No. V199-032          

Site: 5390 Avenue 308, Goshen, CA

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Title: County Counsel

(Government Code Section 54957)

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(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




(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...