SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS,

THE TULARE COUNTY FLOOD CONTROL DISTRICT, AND

THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

October 24, 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.               1:30 p.m. Receive a revised Administrative Draft General Plan Goals and Policies Report. Provide policy guidance to staff on three sections of the policy document not yet reviewed during previous study sessions. Select a Public Hearing alternative. Authorize staff to move forward with public review of the document and set Public Hearings to complete the General Plan 2030 Update. Approve the substitution of ESA Associates for URS Corporation in the Agreement with Mintier and Associates.


 

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

2.               PUBLIC HEARING: Request from County Administrative Office to certify that your Board has reviewed and considered the information contained in the Negative Declaration prepared for the Cutler-Orosi Sheriff Substation project. Find that said project will not have a significant effect on the environment. Direct the Clerk of the Board to file the Notice of Negative Declaration with the Clerk/Recorder. Approve the bid documents and authorize the advertisement of bids. Set the Bid Opening for Thursday, November 30, 2006 at 2:00 p.m.

3.               PUBLIC HEARING: Request from Resource Management Agency to consider and approve the establishment of the following seven (7) new Agricultural Preserves, subject to any conditions and specifications:

PAP 06-002 - Edwards, David and Jan; Baradat, Daniel and Sharon; Pitigliano, Charles and Nancy ( 113.2 acres, west of Ducor; APN 319-020-010)

PAP 06-003 - Simoni, Dino and Patricia (35.2 acres, northeast of Exeter; APNs 112-120-022 and 112-140-005)

PAP 06-004 - Baughman, Frank and Shirley ( 81 acres, NE of Springville; APN 220-190-045)

PAP 06-005 - Summer Harvest Farms, LLC/Goossen and Goossen ( 29.4 acres, southwest of Dinuba; APN 029-060-020)

PAP 06-006 - SDW Development/Wilson (105 acres, south of Earlimart; APN 337-160-003)

PAP 06-013 - Cardoza, Anthony and Patricia (50 acres, west of Tulare; APNs 147-050-010, - 013)

PAP 06-014 - DaCosta, Anthony and Monique ( 41 acres, west of Tulare; APN 148-050-031)

 

4.               PUBLIC HEARING: Request from Resource Management Agency to consider approving Special Use Permit No. PSP 96-072 requested by Sam Etchegaray for the establishment of two dairies in the AE-40 (Exclusive Agricultural - 40 acre minimum) Zone: the Earlimart Ranch Dairy facilities to be located on 160 acres in the northeast quarter of Section 3 and house 5, 715 animal units (3,500 Holstein milk cows plus support stock) and the Phillips Ranch Dairy facilities on 160 acres approximately one mile to the west in the northern half of Section 33 to contain 6,535 animal units (4,000 Holstein milk cows plus support stock) on a 2,692 acre project site. Review the applicant's request for a waiver of the $300 appeal filing fee. Certify the Environmental Impact Report for the project as being in compliance with the California Environmental Quality Act. Adopt a Mitigation monitoring Plan and a statement of overriding considerations. Adopt findings and approve Special Use Permit No. PSP 96-072, subject to conditions. Direct the Clerk of the Board to return the Notice of Determination to the Resource Management Agency for future filing with the County Clerk.

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 23)

 

 

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

5.               Approve an agreement with the California Department of Food and Agriculture to provide State subvention funding for the detection/suppression of the Glassy-winged Sharpshooter, retroactive to July 1, 2006 through June 30, 2007. Designate the Tulare County Agricultural Commissioner to be the local entity to receive funds allocated by the California Department of Food and Agriculture for local assistance in regard to Pierce's Disease and its vectors.

6.               Approve an agreement with the United States Department of Agriculture in the amount of $1,300,000 for an area wide Glassy-winged Sharpshooter Management Program effective October 1, 2006 through September 30, 2007. Approve and authorize the Chairman to sign an Application for Federal Assistance effective October 1, 2006 through September 30, 2007. Approve the necessary budget adjustments. (4/5ths vote)

Auditor-Controller/Treasurer-Tax Collector

7.               Select the percentage change in the County's assessed value attributable to non-residential new construction as the cost-of-living change for the Gann Appropriations Limit calculation for the Fiscal Year 2006/2007 (3.96%).

8.               Authorize the Tax Collector to offer for sale at public auction tax-defaulted properties subject to the Power of Sale pursuant to Chapter 7 of Part 6 of Division 1 of the California Revenue and Taxation Code. Further, that any parcel that does not sell may be re-offered at the end of the auction at a lower minimum bid amount.

9.               Request from Registrar of Voters to approve the proposed new stipend for Election Day Poll Workers (*additional $20 for large polling sites with 4 or more precincts):

Proposed Current

Field Inspectors $200 $130

Chief Polling Officer $150* $110*

Inspectors $130 $90

Provisional/Touch Screen $130 $90

Clerks $110 $75

 

1.               Approved proposed additional rates as follows:

2.                

Proposed Current

Attending Class $10 ea/$20 max $0

Mileage for Supply Returns IRS Rate IRS Rate

Field Inspectors Mileage IRS Rate IRS Rate

 

Board of Supervisors

10.           Appoint Yvonne Montoya to the Mental Health Board for a term ending December 31, 2007.

11.           Ratify Proclamation honoring Lindsay K. Mann as Boy Scouts of America 2006 Distinguished Citizen.

12.           Ratify Proclamation honoring Family Healthcare Network on the occasion of its 30th Anniversary.

Health & Human Services Agency

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

14.           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.

15.           Approve an amendment to Agreement No. 21777 with Kings/Tulare Area Agency on Aging to extend the agreement through June 30, 2009 to provide preventive health care for senior citizens in the form of assessments, education and flu immunizations.

16.           Approve an amendment to Agreement No. 21104 with Merced Manor, d.b.a. Merced Behavioral Health Center, a licensed skilled nursing facility, to reflect the adjusted daily rate and increase the contract maximum for Fiscal Year 2005/2006, retroactive to July 1, 2006.

17.           Approve an amendment to Agreement No. 21104 with Merced Manor, d.b.a. Merced Behavioral Health Center, a licensed skilled nursing facility, to reflect the adjusted daily rate and increase the contract maximum for Fiscal Year 2006/2007, retroactive to July 1, 2006.

18.           Approve an amendment to Agreement No. 21972 with Alternative Services, Inc. to maintain a "Driving Under the Influence" Program in Tulare County for Fiscal Year 2006/2007.

19.           Approve an amendment to Agreement No. 21969 with the State Department of Mental Health for the Managed Care Program, retroactive to July 1, 2006 through June 30, 2009.

20.           Approve an agreement with the Department of Justice, Bureau of Justice Assistance and accept grant funding in the amount of $36,822 for Fiscal Year 2006/2007 for a collaborative effort to plan the implementation of the Mental Health Collaboration Program, retroactive to September 1, 2006. Authorize the Chairman to sign the award letter.

Resource Management Agency

21.           Authorize the installation of additional STOP signs at the intersection of Washington Street (D128A) and State Street (D136A) creating a four-way stop intersection in the community of Earlimart in accordance with Section 21354 of the State of California Vehicle Code. The conditions at the intersection substantially satisfied the California Manual on Uniform Traffic Control Devices.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY FLOOD CONTROL DISTRICT

22.           Approve the Joint Funding Agreement with the United States Geological Survey for water resources investigations at Deer Creek near Fountain Springs and Lewis Creek near Lindsay during the period of November 1, 2006 through October 31, 2007.

ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

23.           Approve an agreement with the U.S. Department of Justice, Organized Crime Drug Enforcement Task Forces to provide $30,000 in overtime funding for the Sheriff's narcotics law enforcement personnel, retroactive to October 1, 2006 through September 30, 2007. Approve the necessary budget adjustments. (4/5ths vote)

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

24.           Request from Health and Human Services Agency in collaboration with the Tulare County Workforce Investment Department for a joint project to develop a training center that would serve our County staff, our contracted providers of service and community based organizations, and our mutual clients. Adopt the new classification for two (2) new classes: Training Officer I and Training Officer II. Approve the compensation level as follows: Training Officer I at salary grade 883 ($47,677 at Step 5) and Training Officer II at salary grade 997 ($50,179 at Step 5). Reallocate ten (10) Training Officer positions to the flexibly allocated position of Training Officer I/II. Add three (3) new flexibly allocated Training Officer I/II positions. Approve the Personnel Resolution. Approve the necessary budget adjustments. (4/5ths vote)

25.           Request from Resource Management Agency to revise the study area for the North Delano Planning Area Project to include the entire site and allow (PZI 06-001) Mr. Brown and Mr. Josephson to file a rezone to change the zoning designations from Exclusive Agriculture 20 acre minimum (AE-20) and Service Commercial (C-3) to Heavy Manufacturing (M-2) on two parcels consisting of 28.86 acres located at the northeast corner of County Line Road and Road 152, north of the City of Delano, with the understanding that the final determination of zones and area to be changed will be made after the Public Hearing and environmental review process is completed.

26.           INFORMATION ONLY: Bid opening results for the Asphalt Overlay Project to construct Road 80 from Avenue 126 to Avenue 334 from Avenue 358 to Avenue 376:

Glen Wells Construction $1,689,340.40

Lee's Paving Inc. $1,892,010.80

W. Jaxon Baker $2,116,645.00

 

Engineer's Estimate $1,942,250.00

 

27.           Public Comments.

28.           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: Daniel Stoughton v. County of Tulare

Workers Compensation Appeals Board No. FRE 215389,0215388, 0215386, 086131

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9(a)]

Name of Case: Dale Doty v. County of Tulare

Workers Compensation Appeals Board No. FRE 0215933

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

Application for Special Use Permit No. PSP 96-072 by Sam Etchegary for the establishment of two dairies as described on this Board of Supervisors Agenda for October 24, 2006

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 Representatives: Tim Huntley, Brian Haddix, Jack Hughes

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees

Next Item(s) Sitting as...