(Public Comment Period)
1.
9:00
a.m. Introduction of Rodney Martin, the
new Tule River Reservation Tribal Administrator.
2.
9:00
a.m. Request from County Administrative
Office regarding participation in Community Choice Aggregation (CCA). Authorize
the County Administrative Officer to sign
letters to Pacific Gas & Electric and Southern California Edison
requesting "load" information necessary to conduct a feasibility
analysis and issue payment for this request. Authorize the County
Administrative Officer to sign any necessary communication to the Public
Utilities Commission indicating Tulare County's interest in exploring Community
Choice Aggregation. Authorize payment of
$20,500 to Kings River Conservation District to pay consultant to update the
Community Choice model to reflect opportunities for Tulare County and to
analyze the impact to the other 13 municipalities if Tulare County becomes a
part of the program and authorize the Chairman to sign a letter of Agreement
outlining services with Kings River Conservation District. Approve the necessary budget adjustments.
(4/5ths vote)
9:30 A.M. – TIMED ITEMS
(Timed Items)
3.
PUBLIC
HEARING: Request from the County Administrative Office to
approve the issuance of the Bonds by the Authority in accordance with the
provisions of the Indenture in an aggregate principal amount not to exceed $45
million and the Bonds shall mature no later than October 1, 2034. The charges for the issuance of the bonds
shall be included in the amount refinanced.
The Bonds shall not constitute an obligation of the County for which the
County is obligated or permitted to levy or pledge any form of taxation or for
which the County has levied or pledged or will levy or pledge any form of
taxation. Approve the Site Lease Agreement
and lease Agreement, authorize the Chairman to sign on behalf of the County and
direct the Clerk of the Board to deliver these Agreements, with such
insubstantial changes therein or such changes as shall relate to the final
pricing or as required by a financial institution providing credit enhancement
with respect to the Bonds, all as such officers may require or approve, with
the advice and approval of County Counsel, such approval to be conclusively
evidence by the execution and delivery thereof. Authorize the Chairman to
execute, and the Clerk of the Board to deliver, the Bond Purchase Agreement
relating to the purchase and sale of the Bonds.
Authorize the Chairman and Clerk of the Board, jointly and severally to
do any and all things, to execute and deliver any and all documents, which in
consultation with Nossaman, Guthner, Knox & Elliott, LLP, bond counsel,
they may deem necessary or advisable in order to effectuate the purposes of
this resolution. Ratify and reaffirm any
and all such actions previously taken by such officer or County staff members
are hereby ratified and reaffirmed.
Approve retaining the services of Nossaman, Guthner, Knox & Elliott,
LLP, as bond/disclosure counsel, Public Financial Management, Inc., as
financial advisor/administrator, Bank of New York, as trustee, Causey, Demgen
& Moore as verification agent and Chicago Title as title insurer, all in
accordance with the letter proposals of such firms. Ratify actions previously taken by staff of
the County and such firms in connection with the structuring, issuance and
proposed sale of the Bonds. Approve the
change in the Millennium Fund excess cap, the annual draw amounts and the
establishment of a threshold that triggers a reconsideration of the Fund's
structure.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
PUBLIC FINANCE AUTHORITY
4.
PUBLIC
HEARING: Request from County Administrative Office to approve the issuance of the
Bonds by the Authority in accordance with the provisions of the Indenture in an
aggregate principal amount not to exceed $45 million and the Bonds shall mature
no later than October 1, 2034. The
charges for the issuance of the bonds shall be included in the amount refinanced. The Bonds shall not constitute an obligation
of the Authority for which the Authority is obligated or permitted to levy or
pledge any form of taxation or for which the Authority has levied or pledged or
will levy or pledge any form of taxation.
Approve the Site Lease Agreement, Lease Agreement and Indenture of
Trust, authorize the Chairman to sign on behalf of the Authority and direct the
Clerk of the Board to deliver these agreements, with such insubstantial changes
therein or such changes as shall relate to the final pricing or as required by
a financial institution providing credit enhancement with respect to the Bonds,
all as such officers may require or approve, with the advice and approval of
counsel to the County who is appointed to act as counsel to the Authority, such
approval to be conclusively evidenced by the execution and delivery
thereof. Authorize the Chairman to
execute, and the Clerk of the Board to deliver, the Bond Purchase
Agreement. Authorize and direct the
Chairman, the County Administrator acting as the Executive Director of the
Authority, the Treasurer of the Authority, the Secretary of the Authority, and
the County Counsel who is hereby appointed to act as counsel to the Authority,
jointly and severally to do any and all things, to execute and deliver any and
all documents, which in consultation with Nossaman, Guthner, Knox &
Elliott, LLP, bond counsel, they may deem necessary or advisable in order to
effectuate the purposes of this Resolution, including, without limitation,
escrow instructions with respect to an escrow to provide funds for the
defeasance and redemption of the Prior Bonds.
Ratify and reaffirm any and all such actions previously taken by such
officer or Authority staff members.
Approve the County retaining the services of Nossaman, Guthner, Knox
& Elliott, LLP, as bond counsel, Public Financial Management, Inc., as
financial advisor/administrator, and Bank of New York, as trustee, David,
Causey, Demgen & Moore as verification agent and Chicago Title as title
insurer, all in accordance with the letter proposals of such firms, and ratify
actions previously taken by staff of the Authority and such firms in connection
with the structuring, issuance and proposed sale of the Bonds. Approve the change in the Millennium Fund
excess cap, the annual draw amounts and the establishment of a threshold that
triggers a reconsideration of the Fund's structure.
ADJOURN AS THE TULARE
COUNTY PUBLIC FINANCE
AUTHORITY AND
RECONVENE AS THE TULARE COUNTY
BOARD OF SUPERVISORS
5.
PUBLIC
HEARING: Request from Fire Department to conduct a public hearing for Fire Hazard
Abatement Cost Recovery. Confirm the
accounting as modified. Order that the
costs as confirmed be recorded in the office of the Tulare County
Recorder. Order that the Tulare County
Auditor place such costs on the County Tax Roll as special assessments against
the respective parcels of land. Adopt
the Resolution with Exhibit A (Parcel Analysis) and Exhibit B (entitled
Proposed Notice of Public Nuisance Abatement Lien).
6.
PUBLIC
HEARING: Request from Resource Management Agency to introduce and waive the first
reading of the proposed Ordinance to consider revisions to Chapter 3 of Part IV
of the Tulare County Ordinance Code pertaining to the management of solid
waste. Direct the Clerk of the Board to
publish a summary of the proposed Ordinance.
On December 19, 2006 waive the second reading and adopt the proposed
Ordinance.
7.
PUBLIC
HEARING: Request from Resource Management Agency to deny the appeal filed by
Michael J.F. Smith, Attorney at Law, on behalf of Don and Sharon Guy regarding
Miramonte Sanitation Violation No. V101-084 and uphold the decision of the
Administrative Hearing Officer rendered on October 2, 2006 directing Miramonte
Sanitation to cease all waste hauling operations and remove trucks, materials,
and equipment from their property located at 42605 Road 72 northwest of Dinuba
within 10 days and declare this violation (V101-084) as a Public Nuisance.
8.
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 9 through 26)
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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.
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Auditor/Controller
9.
Authorize
the revolving fund utilized by the County Treasury to be increased from $700 to
$2,200 for the purpose of making change in the collection of property tax
payments.
Board of Supervisors
10.
Cancel
the January 2, 2007 Board of Supervisors meeting.
11.
Ratify
the following Proclamations:
Honoring
Doug Van Beek as Man of the Year
Honoring
Paula Maestaz as Woman of the Year
Honoring
Otholene McCaslin as Senor of the Year
Honoring
Ryan Toledo as Volunteer of the Year
Honoring
Salomon Ambriz as Youth of the Year
Honoring
JR Farms as Business of the Year
Honoring
Ed Dena as Tulare Kings Hispanic Chamber of Commerce’s 2006 Man of the Year
Honoring
Debbie Rojas as Tulare Kings Hispanic Chamber of Commerce’s 2006 Woman of the
Year
Honoring
the Gas Company as Tulare Kings Hispanic Chamber of Commerce’s 2006 Large
Business of the Year
Honoring
the Fresno Bee: South Valley Bureau as
Tulare Kings Hispanic Chamber of Commerce’s 2006 Small Business of the Year
Honoring
John Vartanian for his Lifelong Efforts to Improve the Quality of Life for Tulare County
Residents
Honoring
Tipton American Legion Auxiliary Unit 831 as Community Organization
Honoring
“Gleanings for the Hungry” on reaching its 25th Anniversary
County Administrative Office
12.
Approve
the bid documents for the Household Hazardous Waste Center Remodel Project.
Authorize the advertisement of bids and set the bid opening date for Thursday,
January 11, 2007 at 2:00 p.m.
Health & Human Services Agency
13.
Approve
an amendment to Agreement No. 22324 with the California Association of Counties
Management Contract in the amount of $20,000 for the operations and management
of the Cal WIN application, retroactive to July 1, 2006 through June 30, 2007.
14.
Approve
an amendment to Agreement No. 22524 with the Department of Health Services,
Center for Health Statistics to provide funds for the Automated Vital
Statistics System, retroactive to July 1, 2006 through June 30, 2007.
15.
Approve
an amendment to Agreement No. 22016 with the California Ventura Automated
Collections System Association for Tulare County's participation in the joint
enhancement committee for optimum utility and benefit of the social services
collections system, retroactive to July 1, 2006 through June 30, 2007.
16.
Approve
an amendment to Agreement No. 19959 with Kaweah Delta Health Care District for
the provision of medically necessary acute psychiatric inpatient care, special
treatment services, and crisis stabilization from the Kaweah Delta Mental
Health Hospital, retroactive to July 1, 2006.
Probation
17.
Approve
an amendment to the Fiscal Year 2006/2007 Probation Budget to add recognized
revenue received from the State Government in the amount of $88,453 for costs
incurred in the implementation of SB90 programs. Approve the necessary budget
adjustments. (4/5ths vote)
Resource Management Agency
18.
Approve
the Christmas Tree Recycling Program and authorize the waiver of refuse
disposal fees for Christmas trees accepted at the County landfills from
December 26, 2006 through January 6, 2007 during normal operating hours.
19.
Accept
the donation of a professional disc golf course to Mooney Grove Park by Friends
of Tulare County: David Allen, B&D
Heating & Air Conditioning, Dennis Buhler DDS, Hays Garage Doors &
Insulation, Stan Harada, Jensen & Pilegard, Lawrence Tractor, Mike Mattos,
Mark Perry, Michael Perry, Bryan Reitz Construction, and Chuck Woody. Approve naming the course the Perry Outback
Professional Disc Golf Course at Mooney Grove Park.
20.
Approve
"piggybacking" on the City of Visalia's Contract No. C14205 with West
Coast Arborists Inc. for tree trimming.
Authorize the Purchasing Agent to execute all contracts and agreements
necessary to facilitate the process.
21.
Authorization
to purchase two (2) carpet cleaners from Clean Source for a total amount of
$13,271.96 for the Support Services Facilities Division, Custodial Branch. Approve the necessary budget adjustments.
(4/5ths vote)
22.
Authorize
the posting of signs prohibiting parking on a portion of North Fork Drive
(M357) (along both sides) north of Three Rivers, and on a portion of Western
Divide Highway (M107) (along both sides) west of Johnsondale to avoid hazardous
situations to other vehicles using these mountain roadways.
23.
Approve
an agreement with John F. George and Donna Taber George for the alteration and
lease of premises located at 26500 Mooney Boulevard, Visalia for the Health and
Human Services Agency, Child Welfare Services Department. Authorize the Clerk of the Board to record
the Memorandum of Lease.
24.
Approve
a two-year extension of time to September 21, 2008 for Tentative Subdivision
Map No. TM 758/PSR that will divide 7.7 acres into 36 lots: 34 residential lots and two common area lots
in the PD-F-M (Planned Development-Foothill Combining-Special Mobilehome) Zone
located on the southerly side of State Highway 190, approximately 100 feet east
of Montgomery Drive, southwest of Springville.
25.
Approve
the Final Map of Subdivision Tract No. 763 located on the south side of Avenue
176 (Frazier Valley Drive), approximately one mile west of Road 320, southwest
of Springville for the purpose of dividing 17 acres into 15 residential
lots. Approve the Agreement to complete
all required public improvements for Subdivision Tract No. 763. Accept the road right of way dedications of
Subdivision Tract No. 763 as shown on the Final Map, subject to road
construction completion and acceptance of public improvements.
Sheriff/Coroner
26.
Accept
a grant award in the amount of $49,813 from the California Office of Emergency
Services for the Residential Substance Abuse Treatment Program for the period
October 1, 2005 through June 30, 2007.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically
timed may be taken in any order
27.
Request
from County Counsel to ratify the transfer of reversion property rights to the
Tulare County Housing Authority for real property in Springville known as
Sequoia Dawn for $1,240,200.00. Ratify the Chairman of the Board signing a Quit
Claim Deed the reversion property rights to Sequoia Dawn. Authorize the sale of 15 shares of Mount
Whitney Ditch and Water Company Water Shares for $15,000 to Tulare County
Housing Authority or Successors. Authorize the Chairman of the Board to sign
the Agreement to sale 15 shares of Mount Whitney Ditch and Water Company Water
Shares. Authorize the Chairman of the Board to sign all additional documents to
facilitate this transfer of property rights.
28.
Public
Comments.
29.
Board
of Supervisors matters.
(Closed Session)
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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
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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 - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation Pursuant to Government Code section 54956.9(b)(1)
Number
of Potential Cases: 1
Appeal
on Special Use Permit Application No. PSP 96-072 (Sam Etchegaray) Pertaining to
the Proposed Earlimart Ranch Dairy Facilities and Phillips Ranch Dairy
Facilities
Next
Item(s) Sitting as...
ITEM
B
CONFERENCE
WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation Pursuant to Government Code section 54956.9(b)(1)
Number
of Potential Cases: 1
Appeal
by Don and Sharon Guy pertaining to the Miramonte Sanitation Violation V101-084
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)(1)
Number
of Potential Cases: 1
Next
Item(s) Sitting as...
ITEM
D
CONFERENCE
WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation Pursuant to Government Code section 54956.9(b)(1)
Number
of Potential Cases: 1
Amendment
of the Solid Waste Ordinance Code pertaining to license and diversion
requirements
Next
Item(s) Sitting as...
ITEM
E
CONFERENCE
WITH REAL PROPERTY NEGOTIATORS
Details
(Government
Code section 54956.8)
Property:
5959 S. Mooney, Visalia
Agency
negotiator: Henry Hash and Resource Management Agency Staff
Negotiating
parties: Assembly Committee on Rules California State Assembly
Under
negotiation: Price and Terms of Payment
Next
Item(s) Sitting as...
ITEM
F
CONFERENCE
WITH REAL PROPERTY NEGOTIATORS
Details
(Government
Code section 54956.8)
Property:
Seller's (APN 751-20-053, 075-120-51, 075-120-48, and 075-120-46)
Agency
negotiator: Henry Hash and Resource Management Agency Staff
Negotiating
parties: JCH Family Limited Partnership
Under
negotiation: Price and Terms of Payment
Next
Item(s) Sitting as...
ITEM
G
CONFERENCE
WITH REAL PROPERTY NEGOTIATORS
Details
(Government
Code section 54956.8)
Property:
Seller's (APN 751-120-47)
Agency
negotiator: Henry Hash and Resource Management Agency Staff
Negotiating
parties: Janet Hovannisian
Under
negotiation: Price and Terms of Payment
Next
Item(s) Sitting as...
ITEM
H
CONFERENCE
WITH REAL PROPERTY NEGOTIATORS
Details
(Government
Code section 54956.8)
Property:
Seller's (APN 751-120-49)
Agency
negotiator: Henry Hash and Resource Management Agency Staff
Negotiating
parties: Sara Patricia Sarabian
Under
negotiation: Price and Terms of Payment
Next
Item(s) Sitting as...
ITEM
I
CONFERENCE
WITH REAL PROPERTY NEGOTIATORS
Details
(Government
Code section 54956.8)
Property:
Seller's (APN 751-120-52)
Agency
negotiator: Henry Hash and Resource Management Agency Staff
Negotiating
parties: Maria Yanez
Under
negotiation: Price and Terms of Payment
Next
Item(s) Sitting as...
ITEM
J
CONFERENCE
WITH REAL PROPERTY NEGOTIATORS
Details
(Government
Code section 54956.8)
Property:
Seller's (APN 751-220-03)
Agency
negotiator: Henry Hash and Resource Management Agency Staff
Negotiating
parties: Susan Buck
Under
negotiation: Price and Terms of Payment
Next
Item(s) Sitting as...
ITEM
K
CONFERENCE
WITH REAL PROPERTY NEGOTIATORS
Details
(Government
Code section 54956.8)
Property:
Seller's (APN 040-033-011)
Agency
negotiator: Henry Hash and Resource Management Agency Staff
Negotiating
parties: Estella Maxine Trammel
Under
negotiation: Price and Terms of Payment
Next
Item(s) Sitting as...
ITEM
L
CONFERENCE
WITH REAL PROPERTY NEGOTIATORS
Details
(Government
Code section 54956.8)
Property:
Seller's (APN 040-033-009)
Agency
negotiator: Henry Hash and Resource Management Agency Staff
Negotiating
parties: Estes Maxwell Trammel JR
Under
negotiation: Price and Terms of Payment
Next
Item(s) Sitting as...
ITEM
M
CONFERENCE
WITH REAL PROPERTY NEGOTIATORS
Details
(Government
Code section 54956.8)
Property:
35800 Highway 1900 Springville
Agency
negotiator: Henry Hash and Resource Management Agency Staff
Negotiating
parties: Tulare
County Housing Authority
Under
negotiation: Price and Terms of Payment
Next
Item(s) Sitting as...
ITEM
N
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
O
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...
