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 27, 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 Joe Daniel, Director, Workforce Investment Board, on the occasion of his retirement from County service.

2.                  9:00 a.m. Recognition of Mark Christian, Fleet Services Superintendent, for 29 years of County Service.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

3.                  PUBLIC HEARING: Request from Resource Management Agency to receive comments regarding the close-out of Tulare County Community Development Block Grant No. 04-STBG-1936. Authorize the Chairman, or authorized designee, to sign the final Grantee Performance Report. Authorize the County Administrative Officer, or authorized designee, to sign the final close-out certification documents. Authorize submittal of all signed close-out documents to the State Department of Housing and Community Development.

4.                  PUBLIC HEARING: Request from Health & Human Services Agency to direct staff to adopt one of the following options for submission of FY 2007/2008 to reconcile projected budget deficit of Health Services: 1) Present budget request increasing county general fund subvention; or 2) Present a budget request utilizing maximum transfers from Social Services and Mental Health to subsidize Health; or 3) Present a budget reflecting projected cost savings generated through clinic closures in Dinuba and Porterville and direct the following actions: a) follow established requirements for notification of patients; b) transfer patient records where requested; c) establish necessary transportation systems to mitigate undo hardships for affected patients; and d) conduct necessary meet and confer with affected unions relative to the position movement and eliminations. Authorize the Human Resources and Development Department to process the Personnel Resolution containing deletions to the Health and Human Services Agency personnel allocation as specified. Authorize the Human Resources and Development Department to initiate the County's lay-off process and where possible provide alternate employment within the County service. Approve the new job code for Medical Section Chief.

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 19)

 

 

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.

 

 

 

Child Support Services

5.                  Approve the fixed asset purchase of a computer server not to exceed $18,000 to allow staff to perform their duties efficiently. Approve the necessary budget adjustments. (4/5ths vote)

County Administrative Office

6.                  Approve an amendment to Lease Agreement No. 22909 with the Tulare County Historical Society for a 3.5 acre piece of property within Mooney Grove Park.

7.                  Introduce and waive the first reading of an Ordinance amending Sections 1-03-1460, 1-03-1475 and 1-03-1480 of Article 9 of Chapter 3 of Part 1 of the Tulare County Ordinance Code pertaining to the membership and meetings of the Tulare County Water Commission.

8.                  Approve adding a new Section 4(a)(6) be inserted into H.R. 24 and S. 27 as follows: (6) Studies and Facilities: (A) In General - The Secretary is authorized and directed to conduct feasibility studies for and to construct new pumping and conveyance facilities on the main stem of the San Joaquin River above the town of Vernalis required to implement the recirculation, recapture, and reuse elements of the Water Management Goal of the Settlement; and (B) Deadline - The study and construction of facilities under subparagraph (A) shall be completed prior to restoration of any flows other than Interim Flows.

Health & Human Services Agency

9.                  Approve the fixed asset purchase of network devices in an amount not to exceed $9,880 for the Electronic Medical Record adjunct to the newly implemented GE Practice Management System.

10.             Approve an agreement with the California Department of Health Services for the continuation of funding for the Health Resources and Services Administration's (HRSA) National Bioterrorism Hospital Preparedness Program, the Centers for Disease Control's (CDC) Public Health Emergency Preparedness Program, and Federal and General Fund Pandemic Influenza. Authorize the Chairman to sign the Agreement, Certificates of Non-Supplantation and Certifications Regarding Lobbying. Waive the bidding requirements and approve the fixed asset purchases of laboratory instrumentation. Authorize the County Purchasing Agent to purchase these instruments as a sole source purchase. Approve the necessary budget adjustments. (4/5ths vote)

Resource Management Agency

11.             Approve an amendment to Lease Agreement No. 19836 with the City of Farmersville for 8,000 square feet of office space located at 907 West Visalia Road to house the Administrative staff of the new County Fire Department and the Emergency Operations Center. Approve the necessary budget adjustments. (4/5ths vote)

12.             Approve an amendment to Agreement No. 18414 between Raymond Plaza LLC and the Health & Human Services Agency to provide 2,415 square feet of for the Women's, Infants and Children's Program at 248 Highway 65, Suites 248 & 250 in the City of Lindsay.

13.             Approve and award the contract to the lowest responsible bidder, Mitch Brown Construction in the amount of $169,325.14 for construction of Reservation Road Safety Improvements to improve the flow of traffic to and from the Tule River Indian Reservation. Authorize the Chairman to sign the contract, subject to review and approval as to form by County Counsel and upon receipt of certificates of insurance, bonds and evidence that the contractor possesses a valid State Contractor's License.

 

 

14.             Approve the Final Map for Subdivision Tract No. 772 located on the southwest corner of Road 122 and Avenue 322, north of the City of Visalia. Approve an agreement with MELMIKE, LP, a California Limited Partnership, to complete all required public improvements for Subdivision Tract No. 772. Accept the road right of way dedication for Subdivision Tract No. 772 as shown on the Final Map, subject to completion of road construction and acceptance of public improvements.

15.             Approve the Final Map for Subdivision Tract No. 781, located on the southeast corner of Road 232 (Newcomb Street) and Linda Vista Avenue (Avenue 174), in the City of Porterville. Approve an agreement with Benny J. Martinez and Rebecca Martinez to complete all required public improvements for Subdivision Tract No. 781. Approve an agreement with Benny and Rebecca Martinez and accept the road right of way dedications for the installation of streetlights within Subdivision Tract No. 781.

16.             Approve revisions to the County of Tulare Home Investment Partnerships Project, Long Term Monitoring Guidelines.

17.             Approve the formation and imposition of assessments for Assessment District No. 06-781R-PORTERVILLE, to pay for the continuing cost of maintenance of the public streets within Subdivision Tract No. 781, located in the City of Porterville. 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. Approve an agreement with Benny and Rebecca Martinez to collect the assessments for Fiscal Year 2007/2008 upon first conveyance of each lot.

18.             Adopt a Resolution opposing Assembly Bill 576 which would create a five mile buffer zone around Allensworth State Park where animal confinement facilities would not be allowed.

Sheriff/Coroner

19.             Authorize the submission of a grant application to the California Department of Alcoholic Beverage Control for grant funding to offset costs for detectives to conduct enforcement operations at licensed Alcoholic Beverage Control establishments in Tulare County.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

20.             Presentation given by the Resource Management Agency on the implementation of Measure R, Tulare County Local Programs Expenditure Plan for Fiscal Year 2007/2008.

21.             Public Comments.

22.             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

(Gov. Code. 54956.9(a).)

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

USDC Eastern District of California Case Number: 05-CV-F-01498-FVS-SMS

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Gov. Code. 54956.9(a).)

Joey Castillo, et al. v. County of Tulare, et al.,

Tulare County Superior Court Case Number: 07-222608

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Gov. Code. 54956.9(a).)

Ramirez, et al. v. County of Tulare, et al.,

Tulare County Superior Court Case Number: 06-220537

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Gov. Code. 54956.9(a).)

County of Tulare, Board of Supervisors vs. Judicial Council of California

Administrative Office of the Courts, et al.,

Sacramento County Superior Court Case Number: 07AS00376

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

(Gov. Code. 54956.9 (b)(1).)

Significant Exposure to Litigation (Gov. Code, 54956.9 (b)(1).)

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

(Gov. Code. 54956.9 (b)(1).)

Significant Exposure to Litigation (Gov. Code, 54956.9 (b)(1).)

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

(Gov. Code. 54956.9 (b)(1).)

Significant Exposure to Litigation (Gov. Code, 54956.9 (b)(1).)

Number of Potential Cases: 4

Agenda item pertaining to Report on Health Services in Tulare County

and Public Hearing to close clinics in Dinuba and Porterville.

Next Item(s) Sitting as...

ITEM H

CONSIDER PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT FOR THE POSITION OF:

Details

Workforce Development Administrator

(Government Code Section 54957)

Next Item(s) Sitting as...

ITEM I

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 J

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...