SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS,

AND THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

December 12, 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. Introduction of Mr. Michael Ellzey, RMA Associate Director. Mr. Ellzey formerly worked for the City and County of San Francisco where he served as the Executive Director of the Golden Gate Park Concourse Authority.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

2.                  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).

3.                  PUBLIC HEARING: Request from Health and Human Services Agency to implement fee adjustments for the Maddy Emergency Medical Services (EMS) Fund penalty increase pursuant to SB1773 beginning January 1, 2007.

4.                  PUBLIC HEARING: Request from Resource Management Agency to hold a Public Hearing to receive comments on the Draft Environmental Impact Report for the Road 108 widening project from Leland Avenue in the City of Tulare to Caldwell Avenue in the City of Visalia. Direct staff to summarize and respond to comments in the Final Environmental Impact Report.

5.                  PUBLIC HEARING: Request from Resource Management Agency to deny the appeal filed by Neal Baer, MD and Gerrie Smith and uphold the Planning Commission's decision to approve Special Use Permit No. PSP 04-107, subject to the conditions as set forth in Planning Commission Resolution No. 8185. Special Use Permit No. No. PSP 04-107 was requested by Ken Fitzgerald, 3162 N. Anderson, Exeter, California 93221 to allow the assemblage of people for entertainment purposes on 10.04 acres in the F-1 (Primary Flood Plain) and O (Recreation) Zones in Three Rivers.

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 15)

 

 

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

6.                  Appoint Jacob Epperson III as District No. 1 - Seat 2, Director to the Kings/Tulare Area Agency on Aging for a term ending June 30, 2009.

7.                  Reappoint Kenneth A. Snyder as District No. 1 - Regular Commissioner to the Tulare County Housing Authority for a term ending December 18, 2010.

8.                  Certify results of the Election of the Second Member and the Seventh Member of the Retirement Board for terms ending December 31, 2009.

County Administrative Office

9.                  Approve and ratify the County Administrative Officer's delegated actions regarding Contracts and Personnel Changes for the month of November 2006.

District Attorney

10.             Authorize the acceptance of increased grant funding from the Governor's Office of Emergency Services for the Vertical Prosecution Block Program (VB) in the amount of $244,822, bringing the total allocation to $494,413. Approve the Grant Award Face Sheet and ratify the Board Chairman's signature retroactive to July 1, 2006 through June 30, 2007. Recognize the increase in the number of prosecutors and investigators and certify that the funds provided will not supplant state or local funds which would otherwise be available for investigations and prosecutions in the absence of these funds. Authorize the disbursement of increased funds for the 2006/2007 fiscal year, according to the County's requested budget, in order that the Program can be implemented in accordance with grant guidelines and be effective July 1, 2006. Approve Personnel Resolution adding three positions. Approve the necessary budget adjustments. (4/5ths vote)

Fire Department

11.             Approve the fixed asset for the purchase of radio consoles for the new County Fire Emergency Command Center. Authorize the fixed budget line and budget adjustment. (4/5ths vote)

Health & Human Services Agency

12.             Approve an amendment to Agreement No. 22444 between Tulare County Health and Human Services Agency and Tulare County Workforce Investment Board for coordination of the Welfare to Work Placement Program for Fiscal Year 2006/2007. Approve the necessary budget adjustments. (4/5ths vote)

Resource Management Agency

13.             Authorize the purchase of a vehicle for Resource Management Agency Support Services Branch, Facilities Division, Maintenance, for a total of $32,000. This vehicle will replace #922 (3/4 ton). Approve the necessary budget adjustments. (4/5ths vote)

14.             Approve an agreement with the City of Porterville for the operation and maintenance of approximately 340 feet of Lime Street approximately 965 feet north of the abandoned railroad right of way and Plano Street from the existing city limits to Westfield Avenue, north of the city of Porterville. Approve an agreement with the City of Porterville to transfer property rights and operation and maintenance responsibilities for a county flood control basin to the City while reserving rights to drain county areas to the basin.

 

 

Retirement

15.             Adopt the Bylaws of the Board of Retirement as revised and approved by the Tulare County Employees' Retirement Association Retirement Board on November 8, 2006. The updated bylaws reflect changes in internal procedures and staffing.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

16.             Request from Health and Human Services Agency to approve the California Integrated Waste Management Board for Used Oil Recycling Block Grant (12th Cycle) to fund public education and the collection and recycling of used motor oil and oil filters for Fiscal Year 2006/2007.

17.             Request from Resource Management Agency to receive a status report regarding progress on a proposal submitted to Caltrans to officially designate a portion of Highway 198, extending eastward from Road 248, through the gateway community of Three Rivers, ending at the Sequoia National Park boundary, as a California Scenic Highway. Direct staff to complete the remaining steps required for formal designation of the Kaweah Scenic Highway.

18.             Request from Resource Management Agency to authorize a request for bids for the reconstruction/rehabilitation of a portion of the Government Plaza Parking Lot. Approve the plans and specifications for the reconstruction/rehabilitation of a portion of the Government Plaza Parking Lot. Authorize the Chairman of the Board of Supervisors to sign the plans. Approve the advertisement of the Tulare County Government Plaza Parking Lot reconstruction/rehabilitation project. Set the bid opening date for Wednesday, January 17, 2007, at 10:00 a.m. Reaffirm that the project is exempt from the California Environmental Quality Act (CEQA) requirements.

19.             Request from County Administrative Officer to approve a resolution adopting a regional approach in which San Joaquin Valley Counties join together for the development of a Federal and State Marijuana Eradication Pilot Program.

20.             Review and action regarding the appeal filed by Marilu Lopez for the Denial of Application for a Public Dance Hall Business License for El Campesino.

21.             Public Comments.

22.             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)

Ramirez, et al. v. County of Tulare, et al.,

Tulare County Superior Court Case No. 06-220537

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

El Campesino Appeal of Denial of Dance Hall Business License

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 REAL PROPERTY NEGOTIATORS

Details

(Government Code Section 54956.8)

Property: Seller's (APN 075-120-053, 075-120-051, 075-120-048, and 075-120-046)

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 E

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Details

(Government Code Section 54956.8)

Property: Seller's (APN 075-120-047)

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 F

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Details

(Government Code Section 54956.8)

Property: Seller's (APN 075-120-049)

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 G

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Details

(Government Code Section 54956.8)

Property: Seller's (APN 075-120-052)

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 H

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Details

(Government Code Section 54956.8)

Property: Seller's (APN 075-220-003)

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 I

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 J

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 K

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Details

(Government Code Section 54956.8)

Property: A portion of property commonly known as Davis Ranch - A 400 acre portion of

APN 066-010-10 and a 106 acre portion of 037-020-15

Agency Negotiator: Henry Hash and Resource Management Agency Staff

Negotiating Parties: City of Visalia, Kings County, Lake Kaweah Enlargement Project

and State of California

Under Negotiation: Price, Terms of Payment and Other

 

 

Next Item(s) Sitting as...

ITEM L

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

Next Item(s) Sitting as...

Sitting as the Tulare County IHSS Public Authority Board

ITEM M

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...