(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.
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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:
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
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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 - 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...