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


 

February 6, 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. Update on the 2007 Tulare County Winter Freeze and reaffirm the Declaration of State of Emergency.


CONSENT CALENDAR (Number 2 through 23)

 

 

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.

 

 

 

Agricultural Commissioner/Sealer

2.                  Approve an agreement with the California Department of Food and Agriculture to provide State subvention funding to offset costs of enforcement of cotton plowdown regulations, retroactive to January 1, 2007 through March 31, 2007.  Authorize the Chairman to sign the State of California Certification Form.

Auditor/Controller

3.                  Authorize the Auditor-Controller/Treasurer-Tax Collector, as the Deferred Compensation Plan Administrator, to sign an amendment to the Deferred Compensation Self-Directed Brokerage agreement with Ameritrade to allow not only the trading of open-end mutual funds, but to allow no further restriction, other than the global restrictions applicable to the Plan, and allow trading in all equities, mutual funds and fixed income products.

Board of Supervisors

4.                  Ratify the following Proclamations:

Honoring Amber Valdez Dinuba Woman’s Club Teenage Citizen Award

Honoring Margaret Lopez Dinuba Chamber of Commerce 2006 Junior Citizen of the Year

Honoring Becky Willems Dinuba Chamber of Commerce 2006 Senior Citizen of the Year

Honoring Bertha Terry Dinuba Chamber of Commerce 2006 Distinguished Citizen of the Year

Honoring Newton & Sons Real Estate Dinuba Chamber of Commerce 2006 Large Business of the Year

Honoring Sandoval’s Mexican Restaurant Dinuba Chamber of Commerce 2006 Small Business of the Year

Honoring Frank N. Murphy Cutler-Orosi Chamber of Commerce 2007 Man of the Year

Honoring Martha Muniz Cutler-Orosi Chamber of Commerce 2007 Woman of the Year

Honoring Orosi Barber Shop Cutler-Orosi Chamber of Commerce 2007 Business of the Year

Honoring Ignacio A. Santana, Jr. Cutler-Orosi Chamber of Commerce 2007 Junior Achievement Award

Honoring Cynthia Nava Cutler-Orosi Chamber of Commerce 2007 Junior Achievement Award

 

5.                  Reappoint Katherine Rowland-Smith to the Sequoia Area VIII Board for Developmental Disabilities for a term ending December 31, 2009.

6.                  Appoint David Harrald to the Measure R Citizens Oversight Committee.

Health & Human Services Agency

7.                  Approve an amendment to Agreement No. 21870 with the Lindsay Unified School District for the Father Involvement Study for increased funding and continuing services through June 30, 2009 to provide a community based family support program.

8.                  Approve an amendment to Agreement No. 22015 with the Fresno Community Hospital and Medical Center for the provision of mental health services from Community Behavioral Health Center, retroactive to July 1, 2006.

9.                  Approve the purchase of 24 vehicles in the amount of $493,500 for the Human Services Branch:  13 for Child Welfare Services; 6 for Adult Services; and 5 for TulareWORKs.  Approve the necessary budget adjustments.  (4/5ths vote)

10.             Approve the fixed asset purchase of computer equipment not to exceed $280,000 for the Voice Over Internet Protocol and data network upgrades.  Approve the necessary budget adjustments.  (4/5ths vote)

11.             Approve an Emergency "Temporary" Side Letter between the County of Tulare and the Service Employees International Union (SEIU, Local 535) to amend Article 17 (Overtime) of the Memorandum of Understanding to allow agency employees the opportunity to choose compensatory time off (CTO) payment in cash or banked hours.

12.             Approve an Emergency "Temporary" Side Letter between the County of Tulare and the Central California Association of Public Employees (CCAPE) to amend Article 43 (Overtime) of the Memorandum of Understanding to allow agency employees the opportunity to choose compensatory time off (CTO) payment in cash or banked hours.

Human Resources & Development

13.             Approve a Side Letter of Agreement between the County of Tulare and the Central California Association of Public Employees (CCAPE) to temporarily amend Article 43 (Overtime) of the Memorandum of Understanding to allow departmental employees the option of choosing to be paid in cash if they have less than the minimum hours banked (60 hours) to qualify for cash payment.

14.             Approve a Memorandum of Understanding between the County of Tulare and the District Attorney Criminal Investigators Association of Tulare County covering the period of January 21, 2007 through June 30, 2008.

Library

15.             Approve a 16 month moratorium on the .50 (fifty cents) Library Hold Fee effective February 22, 2007 that is used to place a hold on materials not available and the next available copy will come to them at the Library Branch of their choice.

Resource Management Agency

16.             Approve the Interim Renewal Contract with the United States Department of the Interior, Bureau of Reclamation, for water services from the Central Valley Project to the Cross Valley Canal.  Authorize the Resource Management Agency and Dennis R. Keller to do all things necessary and proper to comply with the interim renewal process.  Direct the Clerk of the Board to transmit a Certified Copy of this Resolution to the Bureau of Reclamation.

17.             Authorize the submittal of the Proposition 50 Safe Drinking Water Grant Proposal for the Delft Colony Zone of Benefit.

18.             Approve the Proposition 12 Per Capita Grant Project for the renovation and upgrades of the Irrigation Systems at Mooney Grove Park, Elk Bayou Park, Ledbetter Park and Woodville Park.  Authorize the Purchasing Agent to issue a Request for Proposal for the proposed renovations and upgrades.

19.             Approve a Memorandum of Understanding and a Reimbursement Agreement with Reynen & Bardis Communities Incorporated as the lead developer, representing the best interests of Mangano Homes Incorporated, to initiate an amendment to the Tulare County General Plan for the proposed Westfield Development Project, subject to all terms and conditions set forth in Tulare County Resolution No. 2006-3672.  Approve a Consulting Agreement with URS Corporation for environmental consultant services for the proposed Westfield Development Project General Plan Amendment and request the Tulare County Auditor's Office place the Reimbursement Agreement deposits into an interest bearing trust fund.

20.             Approve and award the contract to the lowest responsible bidder, American Incorporated of Visalia, California in the amount of $193,187.93 for the construction of the Tulare County Government Plaza Parking Lot.  Waive, as a minor irregularity in the apparent low bidder's proposal, that the bidder did not write out the unit prices in words.  Authorize the Chairman to sign the contract upon receipt of certificates of insurance, bonds, and contracts, subject to review and approval as to form by County Counsel and evidence that the contractor possesses a valid State Contractor's License.  Allow funds for contingencies of 5 percent of the contract amount or $9,659.40 to cover the cost of unexpected construction conditions.

21.             Certify that the Final Environmental Report for the Road 108 widening project between Leland Avenue in the City of Tulare and Caldwell Avenue in the City of Visalia complies with the California Environmental Quality Act and the Guidelines for the implementation of CEQA.  Find that the project is described in the Final Environmental Impact Report.  Find that significant impacts could result from the project, but are mitigated to a level that is less than significant by project features or deliberate mitigation measures.  Find that the project will result in four impacts related to noise and air quality which are significant and unavoidable.  Adopt the Statement of Overriding Considerations that economic and other considerations require approval of the project despite these significant and unavoidable impacts.  Approve and adopt the Mitigation Monitoring Program.  Authorize the Chairman to sign the Notice of Determination.

Sheriff/Coroner

22.             Authorization to submit an online grant application to the U.S. Department of Justice, Office on Violence Against Women, for the Encourage Arrest Policies and Enforcement of Protection Orders Program.  Authorization to submit a Memorandum of Understanding between the Sheriff's Department, Probation Department, District Attorney's Office, and Family Services of Tulare County as a component of the online grant application.  Authorize the Chairman to sign the application documents:  assurances, certifications, disclosure of lobbying, and letter on non-supplanting funds.

 

 

23.             Authorization to submit an online grant application to the U.S. Department of Justice, Office on Violence Against Women, for the Rural Domestic Violence, Dating Violence, Sexual Assault, Stalking and Child Abuse Enforcement Assistance Program.  Authorization to submit a Memorandum of Understanding between the Sheriff's Department, District Attorney's Office, Family Services of Tulare County, Earlimart School Readiness Program, Lindsay Healthy Start, and the Family Ed Center in Orosi as a component of the online grant application.  Authorize the Chairman to sign the application documents:  assurances, certifications, disclosure of lobbying, and letter on non-supplanting funds.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

24.             Request from County Administrative Office to approve the bid documents for the Visalia Library Expansion and Renovation Project.  Authorize the advertisement of bids and set the bid opening for Thursday, March 15, 2007 at 2:00 p.m.

25.             Request from Resource Management Agency to direct staff on a course of action based on the analysis and findings of a proposed General Plan Amendment GPI 06-008 (Garabedian) from Agriculture to Residential for a 30 acre parcel located on the west side of Road 28, north of Avenue 388, south of the Kings River, within the Kings River Plan, either by selecting from the listed "Alternatives" or another appropriate action.

26.             Request from Resource Management Agency to allow the applicant to file for a General Plan Amendment GPI 06-006 (Brown) involving a change of land use designation for approximately 5.5 acres from Commercial and Rural Residential to Low Density Residential and a change of zone of approximately 9.42 acres from Rural Residential - 20,000 foot minimum (R-A-20) and Service Commercial (C-3) to Single Family Residential (R-1) in Poplar-Cotton Center.

27.             Public Comments.

28.             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 - ANTICIPATED LITIGATION           

Details

Significant Exposure to Litigation Pursuant to Government Code section 54956.9(b)(1)

Number of Potential Cases: 2

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: 2

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

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation Pursuant to Government Code section 54956.9(b)(1)

Number of Potential Cases: 2

Next Item(s) Sitting as...

ITEM F

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 G

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Detail

(Government Code section 54956.9(c))

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM H

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 I

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 J

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 K

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...