MEMBERS OF THE BOARD

 

ALLEN ISHIDA Chairman

District One

 

CONNIE CONWAY

District Two

 

PHILLIP A. COX

District Three

 

J. STEVEN WORTHLEY

District Four

 

MIKE ENNIS

District Five

 

 

Board of Supervisors

 

Agenda

 

 

 

 

C. BRIAN HADDIX

County Administrator

 

KATHLEEN BALES-LANGE

County Counsel


MICHELLE BALDWIN

Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA 93291

(559) 733-6271

FAX (559) 733-6898


January 23, 2007

 

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. Presentation given by Steve Poizner, State of California Insurance Commissioner, in regards to the Low Cost Automobile Insurance Program.

2.                  9:00 a.m. Update from County agencies on freeze related damage assessment and relief efforts.

3.                  9:00 a.m. Presentation given by Arthur Baggett, State of California Water Boards, regarding issues relevant to rural counties.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from Resource Management Agency to consider and adopt a proposed second extension of Tulare County Ordinance No. 3324 for an additional period of six (6) months pertaining to the limitation of development of Medical Marijuana Dispensary uses in designated areas of the County. Receive, consider, approve, and issue a written report from the Tulare County Resource Management Agency describing the measures taken by Tulare County to alleviate the condition which led to the adoption of Tulare County Ordinance No. 3324. Approve the Ordinance Summary and direct the Clerk of the Board to publish such summary within five (5) days and to post a certified copy of the complete ordinance within fifteen (15) days as required by law. (4/5ths vote)

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 25)

 

 

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

5.                  Reappoint Jeff Ritchie, Division 3 and Mark Watte, Division 6 to the Kaweah Delta Water Conservation District for terms ending March 1, 2011.

6.                  Reappoint Frank Allen, Seat 1; Mary Alice Escarsega-Fechner, Seat 2; and Irma Rangel, Seat 3 to the Mental Health Board for terms ending December 31, 2009.

7.                  Appoint Paul Chao, At-Large Member and Donald Magness, Consumer to the Mental Health Board for terms ending December 31, 2009.

8.                  Ratify the following Proclamations: Honoring Ralph Moore as the Father of the Miniature Rose and on reaching his 100th Birthday; Honoring Bruce McDermott Latino Peace Officer Association's Lifetime Achievement Award; Honoring Willard Epps Tulare Chamber of Commerce 2006 Man of the Year; Honoring Adair & Evans Tulare Chamber of Commerce 2006 Small Business of the Year; Honoring Morris Levin & Son Tulare Chamber of Commerce 2006 Large Business of the Year; and Honoring Connie Conway Tulare Chamber of Commerce 2006 Woman of the Year.

 

 

 

County Administrative Office

9.                  Award the contract for the Household Hazardous Waste Facility project to the lowest responsible bidder, Dale Atkins Construction, in the amount of $109,000. Authorize the Chairman to sign the construction documents upon receipt of certificates of insurance, bonds and contract after review and approval as to form by County Counsel and evidence that the contractor possesses a valid State contractor's license.

Fire Department

10.             Accept the 2006 Volunteer Fire grant funding in the amount of $11,555 with a County match of $11,555 for a total of $23,110 to replace radio pagers to be positioned throughout Tulare County. Approve an agreement with the California Department of Forestry and Fire Protection. Authorize the Chairman to sign the required Resolution.

Health & Human Services Agency

11.             Approve an agreement with the California State University, Fresno Foundation for the development of a Countywide Obesity Prevention Program, retroactive to July 1, 2006 through October 30, 2008. Accept the funds from the California State University Fresno Foundation for the Central California Regional Obesity Prevention Project, retroactive from July 1, 2006 through October 30, 2008. Approve the necessary budget adjustments (4/5ths vote).

12.             Approve the Child Abuse Prevention Council's request for funding in the amount of $20,000 from the Children's Trust Fund for Fiscal Year 2006/2007.

13.             Approve an increase to the hourly wage of Extra Help Health & Human Services Agency Trainees, involved in the Youth Transitions Program, from $7.50 per hour to $8.25 per hour effective January 7, 2007 for providing at-risk youth with an opportunity for real work experience and a career path leading to lifelong success and self sufficiency.

14.             Approve an amendment to Agreement No. 22930 with the Family Services of Tulare County Inc. to increase the amount of the agreement by $20,000 for family reunification and family preservation services for clients of Child Welfare Services, retroactive to October 31, 2006 through June 30, 2007.

15.             Approve an amendment to Agreement No. 19958 with the City of Visalia for the County Hazardous Waste Management Plan for the collection and disposal of hazardous wastes from materials used in the home environment. Authorize the purchase of the Stop Logs System as a fixed asset. Approve the necessary budget adjustments. (4/5ths vote)

Probation

16.             Approve the Human Resources and Development Personnel Resolution amending the Fiscal Year 2006/2007 position allocation listing to add one Deputy Probation Officer I/II for the Offender Treatment Program. Approve the necessary budget adjustments. (4/5th vote)

 

 

Resource Management Agency

17.             Approve the plans and specifications for the construction of the Reservation Road Safety Improvements. Authorize the Chairman to sign the plans. Approve the advertisement of bids for the Reservation Road Safety Improvements construction project. Set the bid opening for Wednesday, February 28, 2007, at 10:00 a.m. Reaffirm that the project is exempt from the California Environmental Quality Act (CEQA) requirements.

18.             Approve and authorize the Chairman to sign the Caltrans Lapsing Funds/Cooperative Work Agreement reports for projects with budget authority lapsing June 30, 2007: Avenue 416 from Fresno County line to Road 88 east of Dinuba; Kings River Bridge on Avenue 416; Road 108 from Leland Avenue in north Tulare to Caldwell Avenue in south Visalia and Avenue 424/Road 72 railroad crossing protection.

19.             Approve the Final Map for Subdivision Tract No. 780, located on the west side of Road 124, 1,300 feet south of Avenue 416, in the community of Orosi. Approve an Agreement with Rod L. & Velda M. Curtis-Pomp to complete all required public improvements for Subdivision Tract No. 780. Accept the road right of way dedications for Subdivision Tract No. 780 as shown on Final Map, subject to completion of road construction and acceptance of public improvements. Accept the Grant Deed for the one-foot reserve strip identified on the Final Map for Subdivision Tract No. 780 as Lot A.

20.             Authorize the mid-year budget adjustments for Fiscal Year 2006/2007 for County Service Areas No. 1 and 2 Zones of Benefit Sewer and Water Systems. Approve the necessary budget adjustments. (4/5ths vote)

21.             Approve the Indenture of Trust and authorize the Issuance of Bonds 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. Authorize the Chairman to sign the contract, upon review and approval as to form by County Counsel.

22.             Approve 24-month agreements with Sprint Solutions, Inc. a Delaware Corporation, to provide wireless telecommunications equipment and services for: Adult Pre-Trial Center (maintenance shop only); Wiley Detention Center (maintenance shop only); Juvenile Justice Complex (maintenance shop only); Main Jail (maintenance shop only); Government Plaza (maintenance shop only); and Visalia Courthouse (maintenance shop only).

23.             Approve an amendment to Agreement No. 20913 with Omni-Means, Ltd. amending the scope of services and the total compensation from $652,889.75 to $688,243.72 for planning, preliminary engineering, preliminary right of way and environmental services related to the Road 108 Widening Project.

24.             Approve the transfer of the Project Review Division from Development Services Branch to Long Range Planning Branch and rename that Branch the Planning Branch. Approve the transfer of the Community Development and Redevelopment Division from Long Range Planning Branch to Development Services and rename that Branch the Community and Development Services Branch. Approve the revised class specifications for the two affected Assistant Director positions to reflect the new responsibilities.

Sheriff/Coroner

25.             Accept funding from State of California, Corrections Standards Authority, Standards and Training for Corrections, in the amount of $152,100 for Fiscal Year 2006/2007. Authorize the Auditor-Controller to establish Trust Fund #497 for the STC funds in accordance with the Auditor-Controller's Trust Fund policy and procedures. Approve the necessary budget adjustments and request the Auditor-Controller to adjust the 2006/2007 Fiscal Year budget to reflect the additional revenue. (4/5ths vote)

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

26.             Presentation given by Paul Yoder, Strategic Local Government Services, to discuss the Governor's Budget.

27.             Request from the County Librarian to accept a gift of a Microfilm Reader Printer, valued at $11,670, from the Friends of the Tulare County Library.

28.             Request from Auditor-Controller/Treasurer-Tax Collector to approve the purchase of 97 replacement vehicles and authorize payment for those vehicles from the Workers' Compensation Insurance Fund.

29.             Request from County Administrative Office to review, modify, and adopt the Proposed 2007 Federal Legislative and Regulatory Platform.

30.             Request from County Counsel to adopt the Countywide Records Retention/Destruction Policy which has the potential to enhance organizational performance and effectiveness by providing for the steamlining of department functions in handling public records and reducing the amount of document storage space required. Rescind Tulare County Resolution No. 73-813.

31.             Request from Resource Management Agency to approve an amendment to Agreement No. 21662 with J. Laurence Mintier & Associates to extend the term to June 30, 2007 pertaining to services on the Tulare 2025 General Plan Update, retroactive to December 31, 2006.

32.             Presentation by the Resource Management Agency on the major State Transportation Improvement Program projects in the County with emphasis on the Road 80 project.

33.             Presentation by the Resource Management Agency regarding an update on Measure R.

34.             Public Comments.

35.             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 - INITIATION OF LITIGATION

Details

Government Code section 54956.9(c)

Number of Potential Cases: 1

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

Tulare County General Plan Update

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: 4

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: 3

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

Government Code Section 54956.9(a)

Name of Case: Lonzo Anderson, et al. v. County of Tulare

United States District Court, Eastern District of California Case No. #1:05-CV-01498-FVS-SMS

 

 

 

Next Item(s) Sitting as...

ITEM F

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 G

CONFERENCE WITH LABOR NEGOTIATOR

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...