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


 

March 20, 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. Recognition of Ray Rios, Parks Recreation Manager, for 37 years of County Service.

2.                  9:00 a.m. Recognition of the Tulare County Employees Retirement Association for receiving the Public Pension Fund Award for Excellence for the Small Public Plan of the Year.

3.                  9:00 a.m. 2007 Calendar Art Presentation with student winners presented by Patricia Stever, Tulare County Farm Bureau.  Recognize March 18-24, 2007 as National Ag Week.


 

9:30 A.M. – TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from Resource Management Agency to deny an appeal filed by Donald and Helen Landers regarding Violation No. V203-070 on property located at 26190 Road 118 north of the City of Tulare and uphold the Administrative Hearing Officer's decision.  Deny the Lander's request to waive the filing fee of $300.00.

5.                  Request from Resource Management Agency to adopt findings and approve Special Use Permit No. PSP 96-072 requested by Sam Etchegaray, subject to conditions, 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.  Approve 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.  Direct the Clerk the Board of Supervisors to return the Notice of Determination to the Resource Management Agency for future filing with the County Clerk.

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 22)

 

 

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.                  Ratify the following Proclamations:

Honoring Richard LaFleur Man of the Year by the Kiwanis of Woodlake

Honoring Barbara Edwards Woman of the Year by the Kiwanis of Woodlake

Honoring Kent and Sandy Owen Spirit of Woodlake by the Kiwanis of Woodlake

Honoring Joseph Spahn Youth of the Year by the Kiwanis of Woodlake

Honoring Lizette Rodriguez Youth of the Year by the Kiwanis of Woodlake

Honoring David Peden Distinguished Veteran by the Kiwanis of Woodlake

Honoring Alvin Hogue Distinguished Veteran by the Kiwanis of Woodlake

Honoring Woodlake Drive Inn Business of the Year by the Kiwanis of Woodlake

 

7.                  Approve the Revised Board of Supervisors Committee Assignments for 2007.

County Administrative Office

8.                  Approve a Resolution opposing Senate Bill 893, which would shift Proposition 10 funding away from local First 5 Commissions and direct it to the Statewide California Children and Families Commission.

District Attorney

9.                  Authorize the acceptance of continued grant funding in the amount of $119,097 from the California Department of Insurance for the Automobile Insurance Fraud Prosecution Program for the period July 1, 2006 through June 30, 2007.  Approve the Grant Award Agreement retroactive to July 1, 2006 through June 30, 2007 and ratify District Attorney Phil Cline's signature on its behalf.  Certify that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

Health & Human Services Agency

10.             Reaffirm Declaration of State of Emergency in the Tulare County Winter Freeze 2007.

11.             Ratify and approve an agreement with Owens Valley Career Development Center for services provided by the Temporary Assistance for Needy Families (TANF) Program, retroactive to November 1, 2006.

12.             Approve the sole source purchase on an Ultrasound machine in the amount of $23,570.31 for the Tulare County Health Care Centers.  Approve the necessary budget adjustments (4/5ths vote).

13.             Approve the Memorandum of Understanding between Blue Cross of California and Tulare County Health and Human Services Agency for the Mental Health Plan.

14.             Authorize the submission of a grant application to the California Integrated Waste Management Board, Local Enforcement Agency in the amount of $25,100 to support solid waste facilities permit and inspection programs.  Authorize the Chairman to sign the application, initial the Environmental Justice Declaration and sign the Resolution.

Probation

15.             Ratify and approve an amendment to Agreement No. 20861 with the Community Services & Employment Training, Inc. to increase the amount by $10,000, not to exceed $137,000, retroactive to July 1, 2006 through June 30, 2007.

16.             Ratify and approve an amendment to Agreement No. 20935 with Community Services & Employment Training, Inc. to increase the amount by $20,000, not to exceed $135,000, retroactive to July 1, 2006 through June 30, 2007.

Resource Management Agency

17.             Affirm the Annual Springville-Sierra Rodeo Parade to be held on April 28, 2007 in the community of Springville.

18.             Authorization to submit an application to the State of California Department of Housing and Community Development for a 2006 Workforce Housing Reward Program Grant.  Agree that, if the application for funding is approved, the County will use the funds for eligible capital asset(s) and public improvement(s) in the manner presented in the application as approved by Housing and Community Development and in accordance with the Notice of Funding Availability Program Guidelines and Application Package.  Authorize the County Administrative Officer, or authorized designee, to act on the County's behalf in all other matters pertaining to the application.

19.             Approve the 2006/2007 Transit Agreement with the City of Visalia to provide for the coordination of transit services to serve citizens of local unincorporated areas in the Visalia Service Area, retroactive to July 1, 2006.  Determine that the Board has the authority to enter into the 2006/2007 Transit Agreement with the City of Visalia, retroactive to July 1, 2006; and that it is in the County's best interest to enter into the Agreement as of that date.

20.             Approve an agreement with The Gordian Group Incorporated to serve as consultants to perform services related to the development, implementation and support of a Facilities Management Job Order Contracting Program.

21.             Approve the formation of Assessment District No. 06-772R-VISALIA to pay for the continuing cost of maintenance of the public streets within Subdivision Tract No. 772, located north of Visalia.  Approve an agreement with MelMike, LP to authorize Smee Builders to collect the assessments for Fiscal Year 2007/2008 upon first conveyance of each lot.  Approve the Engineer's Report.  Approve the Proposed Boundaries Map and direct the Clerk of the Board to file certified copies with the County Recorder.  Declare the Board's intention to levy and collect assessments.  Accept the ballot and waiver of public meetings and hearings, including notice thereof, provided by the property owner.

22.             Establish a restricted parking zone on the north side of Avenue 196, for a distance of 200 feet along the curb in front of Sunnyside Union Elementary School.  Prohibit stopping of vehicles on the south side of Avenue 196 from Road 216 to a point 650 feet east of Road 216 between the hours of 7:00 a.m. and 3:30 p.m. on school days.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

23.             Designate the following City Fire Stations of Visalia, Tulare, Exeter, Dinuba, Porterville and Woodlake as Safe Baby Surrender Sites:

Visalia:                                                                        Tulare:

Station #1, 309 S Johnson                                              Station #1, 800 S. Blackstone Street

Station #2, 2224 W. Monte Vista                                     Station #2, 138 North “E” Street

Station #3, 9500 Airport Dr.                                             Station #3, 2900 North “M” Street

Station #4, 440 W. Ferguson

Station #6, 1968 S. Lovers Lane                                     

                                                                                                                                                          

Exeter:                                                                         Dinuba:

Station #1, 137 North F Street                                         Station #1, 496 E. Tulare St

 

Porterville:                                                                   Woodlake:

Station #1, 40 W. Cleveland                                            Station #86, 216 E. Naranjo

Station #2, 500 N. Newcomb

24.             INFORMATION ONLY:  Bid Opening results for the Reservation Road Safety Improvements project.

Mitch Brown Construction                $169,325.14

Bates Construction                           $219,852.50

Henderson Construction                  $337,860.00

Lee’s Paving                                     $362,492.50

Seal Rite Paving & Grading            $379,602.87

 

Engineer’s Estimate                         $256,940.00

10% Contingency                                $25,694.00

                                                                        $334,022.00

 

25.             Public Comments.

26.             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: 1

Echegaray Dairy - Appeal of the Special Use Permit and CEQA findings

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

 

 

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: 3

 

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 D

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 E

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 F

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...