SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS,

THE TULARE COUNTY REDEVELOPMENT AGENCY, AND

THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

December 19, 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. Recognize John Millwee for his service on the Planning Commission.

2.                  9:00 a.m. Review, modify, and adopt the Proposed 2007 State Legislative and Regulatory Platform.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

3.                  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).

4.                  PUBLIC HEARING: Request from Resource Management Agency to approve the establishment of one new Farmland Security Zone Contract, subject to any conditions and specifications contained in the report for Case No. PSZ 06-001, applicant LoBue Ranches (30.52 acres, northwest of Woodlake; APNs 053-120-013 and 053-130-007).

5.                  PUBLIC HEARING: Request from Resource Management Agency to deny the appeal and waiver of the $300 filing fee request by Mr. & Mrs. Librado Valdez and uphold the decision of the Administrative Hearing Officer on Violation B498-001, located at 10099 Avenue 424, APN 021-160-18, property owner, Rosalba G. Valdez.

6.                  PUBLIC HEARING: Request from Resource Management Agency to receive public comment on obtaining Federal Transit Act Section 5311 grant funding from the California Department of Transportation for the purchase of a new Compressed Natural Gas Transit Bus, and a Drive Cam Video Security System for the County bus fleet. Authorize the Chairman to file and execute applications on behalf of the Resource Management Agency with the California Department of Transportation, execute and file all assurances and any other documents required by the California Department of Transportation, and provide additional information that the California Department of Transportation may require regarding the applications for the Section 5311 projects, subject to review and approval by County Counsel.

7.                  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 8 through 40)

 

 

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

8.                  Approve the List of Appointive Offices and Regulatory Commissions and Advisory Boards, Commissions, and Committees for vacancies on Boards and Commissions and Special Districts occurring in 2007 for compliance with the Maddy Act. Authorize Posting.

9.                  Reappoint Audrey C. Dooley, Robert D. Clark and Charlie Pitigliano Jr. to the Tulare Mosquito Abatement District for terms ending December 31, 2008.

10.             Reappoint Patsy Holland as Tenant Commissioner to the Tulare County Housing Authority for a term ending December 18, 2008.

11.             Reappoint John P. Bianco, Member and Michael Sheltzer, Member to the Tulare County Law Library for terms ending December 31, 2007.

12.             Reappoint (Bill) L.W. Whitlatch, District 3 Commissioner and Melvin Gong, District 4 Commissioner to the Tulare County Planning Commission for terms ending December 31, 2010.

13.             Appoint Wayne O. Millies to the Tulare County Planning Commission for term ending December 31, 2007.

14.             Appoint Maribel Reynosa to the Library Advisory Board for term ending December 31, 2008.

15.             Reappoint Michael Bennett, Member #4 and Bob Bates, Member #6 to the Tulare County Employee's Retirement Board for terms ending on December 31, 2009.

16.             Ratify Proclamation honoring Lindsay United Methodist Church on its 100th Anniversary.

County Administrative Office

17.             Approve and award the contract for the Cutler/Orosi Sheriff Substation project to the lowest responsible bidder, BVI Construction Inc. in the amount of $1,666,200. Authorize the Chairman to sign the agreement upon receipt of certificates of insurance and bonds after review and approval as to form by County Counsel and evidence that the contractor possesses a valid State Contractor's License.

18.             Approve a Contract with Jay W. Powell for Conflict Defender Services, effective January 1, 2007 through December 31, 2009.

Health & Human Services Agency

19.             Approve an Agreement with Tulare County Superintendent of Schools, for the "Great Expectations": Early Head Start Prenatal Program for Families for Fiscal Year 2006/2007, retroactive to October 1, 2006.

20.             Authorization to apply for Older Youth Adoption Project Grant funding from the California Department of Social Services to be used for hiring additional county staff, or contracting for services, or provide for services through reimbursing the family.

21.             Authorization to apply for Transitional Housing Placement - Plus Implementation Plan to address the needs of a growing yet largely overlooked group of at-risk youth; those who "age-out" from the State's foster care system. Authorize the Agency Director to sign the Transitional Housing Program - Plus Implementation Plan.

22.             Approve acceptance of the State Department of Alcohol and Drug Programs, Offender Treatment Program Grant funds, in the amount of $373,373. Approve the commitment of County funds in the ratio of one dollar for every nine dollars of grant money is also required. Local fines will be the means of satisfying this $41,486 match.

23.             Ratify the fixed asset purchase of one (1) used 194 KW diesel driven generator in the amount of $63,000. Approve the necessary budget adjustments. (4/5th vote)

24.             Approve an amendment to Agreement No. 21717 with the State of California Emergency Medical Services Authority to extend the term of the agreement, retroactive to July 1, 2006 through June 30, 2007, for funds from Proposition 99 Tobacco Tax revenues to help offset un-reimbursed emergency medical services provided by hospitals and physicians in Tulare County.

25.             Approve an amendment to Agreement No. 22522 with Delta Dental and First 5 of Tulare County to correct a calculation error retroactive to September 1, 2006, for additional health insurance coverage to uninsured children in Tulare County.

26.             Adopt the Certification of Compliance for California Department of Veterans Affairs County Subvention Program for Fiscal Year 2006/2007, retroactive to July 1, 2006.

Human Resources & Development

27.             Appropriate $780,878.15 from Contingency to a fund designated by the Auditor-Controller to permit payment pursuant to the Settlement Agreement with Blue Shield of California.

28.             Authorize the Auditor-Controller to permanently advance an amount not to exceed $2.3 million to the Health Trust Fund to cover medical insurance premiums for the month of January 2007. Authorize the Human Resources Director to establish a repayment program for advanced moneys from third party participants in the County Health Insurance Program. Interest earning on the fund to be credited to the General Fund.

 

 

29.             Ratify agreement with Gallagher Benefit Services, Inc. subject to the following conditions: The agreement may not be cancelled without cause during the first 360 days of the contract term and such cancellation, without cause, shall require 90 days advance written notice; and accept modifications to the insurance and indemnification provisions of the agreement, subject to concurrence by County Counsel . Authorize the Chairman to sign the agreement, subject to review and approval by County Counsel.

Resource Management Agency

30.             Approve the execution of seventeen (17) Land Conservation Contracts, as provided in the Williamson Act, for Agricultural Preserves enlarged or established during the 2006 application season and one reinstatement of a contract undergoing non-renewal, as follows:

Preserve No. 1789 -- McAland Ranch -- 137.5 acres (APNs 318-150 -011,-012, 318-280 -004,-006)

Preserve No. 4385 -- Sizemore, Dennis and Karen -- 174.4 acres (APNs 310-180 -003, -023, -024)

Preserve No. 4442 -- Edwards, David & Jan; Baradat, Daniel & Sharon; Pitigliano, Charles & Nancy -- 113.2 acres (APN 319-020-010)

Preserve No. 4443 -- Simoni, Dino and Patricia -- 35.2 acres (APNs 112-120-022, 112-140-005)

Preserve No. 4444 -- Baughman, Frank and Shirlee -- 81 acres (APN 220-190-045)

Preserve No. 4445 -- Summer Harvest Farms, LLC -- 29.4 acres (APN 029-060-020)

Preserve No. 4446 -- SDW Development, LLC -- 105 acres (APN 337-160-003)

Preserve No. 4447 -- Cardoza, Anthony and Patricia -- 50 acres (APNs 147-050-010, 147-050-013)

Preserve No. 4448 -- DaCosta, Anthony and Monique -- 41 acres (APN 148-050-031)

Preserve No. 4449 -- Albitre, Fred and Betty -- 480 acres (APNs 325-140 -004, -005)

Preserve No. 4450 -- Turcotte, Roger and Jean -- 240.7 acres (APNs 310-190 -005,-006)

Preserve No. 4451 -- Sikora, Aaron and Krysty -- 67 acres (APNs 028-160 -004,-005)

Preserve No. 4452 -- Riezebos, Garry and Diane; Riezebos, Jeff and Wilma -- 117.8 acres (APNs 119-100 -017,-018,-019,-021,-022,-023) - Four Contracts

Preserve No. 1935 -- Elliot, Alice; Mathewson, Kurt -- 48.98 acres (APN 127-020-027) Reinstatement

 

31.             Approve an amendment to Agreement No. 18196 with C & J Commercial Properties and Health & Human Services Agency, Mental Health, to extend the lease for another one-year term and includes 2, one-year options, for leased property at 3350 S. Fairway in Visalia.

 

32.             Initiate proceedings to form Assessment District No. 06-772R-VISALIA, to pay for the continuing cost of maintenance of the public streets and roadways within new Subdivision Tract No. 772 located north of Visalia. Designate the County Engineer as the Engineer for the purpose of these proceedings. Direct the Engineer to prepare and file a report with the Clerk of the Board.

33.             Approve the License Agreement with Charter Communications Properties, LLC, a Delaware Limited Liability Company, for a community antenna television system at Balance Rock disposal site, retroactive to May 2004.

34.             Approve an amendment to Agreement No. 21434 with the State of California to extend the term for two (2) years, adjust the monthly rent, and increase the amount of space leased at the Government Plaza.

35.             Waive the second reading and adopt 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.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

36.             Approve the Indenture of Trust and authorize the issuance of Bonds for sale to the United States Department of Agriculture by the Tulare County Redevelopment Agency to finance redevelopment activities within and for the benefit of the Richgrove Redevelopment Project area, to be used for the construction of the Richgrove Stormwater Drainage, Air Quality Improvement and Recreation Project - Phase 2, in the amount of $1,627,000.00. Authorize the Chairman to sign the documents, subject to review and approval as to form by County Counsel.

37.             Review and accept the Annual Audit Report, State Controller's Report, and the Housing Report for the Fiscal Year ending June 30, 2006. Review and accept the following documents as complete and adequate for each of the Tulare County Redevelopment Agency's eight project areas including Cutler-Orosi, Earlimart, Goshen, Ivanhoe, Pixley, Poplar-Cotton Center, Richgrove, and Traver for the Fiscal Year ended June 30, 2006: Annual Audit Report of financial activities of the Tulare County Redevelopment Agency; Annual reports to the State Controller's Office; and Annual housing reports to the California Department of Housing and Community Development. Direct that these reports be submitted by the Executive Director, as required by the California Health and Safety Code, to the Office of the State Controller and the California Department of Housing and Community Development.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

 

 

 

Sheriff/Coroner

38.             Authorize submission of a grant application to the California Governor's Office of Emergency Services for a six month grant under the Sexual Assault Felony Enforcement Team Program grant for the purposes of providing a Sex Offender Task Force, software to track sex offenders, electronic equipment to carry out cyber sex enforcement operations, surveillance equipment to monitor sex offenders, and a Megan's Law public education campaign.

39.             Authorize submission of an online application to the United States Department of Justice's Weed & Seed grant, this program is designed to help transform crime-ridden neighborhoods into healthy, thriving areas.

40.             Approve an amendment to Agreement No. 17435 with Visalia Unified School District to provide instructional services to inmates for attaining their General Education Development and High School Diplomas through June 30, 2007.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

41.             Request from Tulare County Fire Department to designate the following County fire stations, which are staffed year-round, as Safe Baby Surrender Sites:

Station #2 Kings River Station 3811 Avenue 400, Kingsburg

Station #4 Cutler/Orosi Station 40779 Road 128, Cutler

Station #7 Goshen Station 30901 Road 67, Goshen

Station #8 Ivanhoe Station 32868 Hawthorne Road, Ivanhoe

Station #14 Three Rivers Station 40900 Sierra Drive, Three Rivers

Station #15 Lindsay Station 19603 Avenue 228, Lindsay

Station #16 Strathmore Station 22908 Avenue 196, Strathmore

Station #19 West Olive Station 22315 Avenue 152, Porterville

Station #20 Doyle Colony Station 1551 E. Success Drive, Porterville

Station #21 Terra Bella Station 23658 Avenue 95, Terra Bella

Station #22 Springville Station 35659 Highway 190, Springville

Station #25 Tulare Station 2082 Foster Drive, Tulare

Station #26 Tipton Station 241 S. Graham, Tipton

Station #27 Pixley Station 200 N. Park Drive, Pixley

Station #28 Earlimart Station 808 E. Washington, Earlimart

Station #29 Alpaugh Station 3939 Avenue 34, Alpaugh

Station #30 Richgrove Station 20890 Grove Drive, Richgrove

 

 

 

42.             Request from Health & Human Services Agency to consider the changes to Fiscal Year 2006/2007 Budget in response to updated State of California information approved by the Governor. Approve the Personnel Resolution adding additional allocated positions as follows: TulareWorks: 13 Eligibility Worker III; 17 Eligibility Support Assistant I/II; 2 Training Officer II; 4 Program Specialist-CalWORKs; 1 Staff Services Analyst I/II; 2 Self Sufficiency Supervisor I; 2 Self Sufficiency Supervisor II; 7 Self Sufficiency Resource Specialist; and 10 Self Sufficiency Counselor II. CWS: 2 User Support Analyst II; 13 Social Services Worker III-CWS; and 1 Administrative Aide. Bioterrorism Unit: 1 Administrative Aide. Administrative Services: 1 Administrative Specialist I-BL; 1 Personnel Services Officer I; and 1 Administrative Services Officer II. Approve the necessary budget adjustments. (4/5ths vote)

43.             Request from County Administrative Office to approve the Memorandum of Understanding between the University of California Cooperative Extension and Tulare County, under the provisions of the State of California Education Code, Section 32330.

44.             Request from Resource Management Agency to approve the Operational Plan for the Motor Pool Facility at the Central Road Yard.

45.             Public Comments.

46.             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)

Community Medical Centers v. County of Tulare

Tulare County Superior Court Case No. 06-219612

 

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 Mr. & Mrs. Libardo Valdez from Abatement Administrative Hearing Officer Decision - Violation # B498-001

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

Application for Special Use Permit No. PSP 96-072 by Sam Etchegaray for the establishment of two dairies are described on this Board of Supervisor Agenda for December 19, 2006

Next Item(s) Sitting as...

ITEM D

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 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...