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


 

April 3, 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. Proclamation declaring April 2007 as National Child Abuse Prevention/Awareness Month in Tulare County.

2.                  11:00 a.m. Study Session on Community Choice Aggregation Program with representatives of San Joaquin Valley Power Authority, Pacific Gas & Electric, and Southern California Edison. Community Choice Aggregation enables California cities and counties or groups of cities and counties to supply electricity to customers within their borders.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

3.                  PUBLIC HEARING: Request from Resource Management Agency to adopt an amendment to the Tulare County General Plan as follows: Goshen Community Plan, Case No. GPA 05-003 requested by Pacific Real Estate Holdings, Inc. to amend the Land Use Designation from Community Commercial to Residential on a nine-acre portion of a 17.06 acre site and to eliminate the designation on the site for a future school located on the north side of Avenue 308, approximately 300 feet east of Road 72; Earlimart Community Plan, Case No. GPA 06-001 requested by Raul Duenas to amend the Land Use Designation from Low Density Residential to Highway Commercial on a 6,000 sq. ft. parcel located on the southeast corner of State Street and Kern Avenue (east of State Highway 99); Farmersville Area Plan and Urban Boundaries Element, Case No. GPA 06-007 requested by Hans and Carol Steiner to amend the Urban Boundaries Element and the Farmersville Area Plan from Agriculture (Rural Valley Lands Plan) to Service Commercial Land Use on a 2.75 acre parcel located on the south side of Noble Avenue (south side of State Highway 198) approximately 1,300 feet east of Road 156, east of Visalia. Certify that your Board has reviewed and considered the information contained in the Negative Declarations. Direct the Clerk of the Board of Supervisors to return the Notices of Determination to the Resource Management Agency for future filing with the County Clerk for each amendment.

4.                  PUBLIC HEARING: Request from Resource Management Agency to introduce and waive the first reading of three amendments to Ordinance No. 352 pertaining to land uses within certain zones in the County of Tulare as follows. Certify that your Board has reviewed and considered the information contained in the Negative Declarations prepared for the proposed zone changes in combination with changes in land use designations to the Goshen Community Plan, the Earlimart Community Plan, the Urban Boundaries Element and the Farmersville Land Use Plan. Waive the second reading and adopt the three amendments to Zoning Ordinance No. 352 by three votes (one for each Ordinance) Change of Zone No. PZ 05-005 rezoning from A-1 (Agricultural) to R-1 (Residential); Change of Zone No. PZ 06-001 rezoning from R-1 (Residential) to C-3-SR (Service Commercial-Site Plan Review); Change of Zone No. PZ 05-007 rezoning from AE-20 (Exclusive Agricultural-20 acre minimum) to C-3-SC-SR (Service Commercial-Scenic Corridor Combining-Site Plan Review).

 

 

 

 

 

 

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 16)

 

 

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.                  Ratify the following Proclamations:

Honoring Res Com Pest Control as Entrepreneurship Hall of Fame

Honoring Mountain Vista Construction as Creative Entrepreneur of the Year

Honoring Imagine U Childrens Museum as Spirit Entrepreneur of the Year

Honoring Processtec, Inc. as Innovative Entrepreneur of the Year

 

6.                  Appoint Jerry Stover to the Tipton-Pixley Public Cemetery District for a term ending March 10, 2008.

County Administrative Office

7.                  Waive the second reading and adopt 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. Direct the Clerk of the Board to publish the Ordinance. Direct posting of vacancies of the Tulare County Water Commission, pursuant to the Maddy Act.

Health & Human Services Agency

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

9.                  Approve a Proclamation declaring April 1-7, 2007 as Promoting Public Health Week Campaign "Promoting Health for our Future."

10.             Ratify and approve an amendment to Agreement No. 20358 with the Department of Health Services, Office of Aids to increase the fees in Fiscal Year 2006/2007 by $24,939 for services rendered for HIV Prevention, retroactive to May 1, 2006 through June 30, 2007. Find that the Board had authority to enter into the proposed agreement as of May 1, 2006 and that it was in the County's best interest to enter into the agreement on that date. Approve the necessary budget adjustments. (4/5ths vote)

11.             Approve an agreement with Dr. Adegoke Adeniji M.D. to provide OB/GYN medical services through June 30, 2007.

12.             Authorize the Director of the Health and Human Services Agency to sign the Permanent Lifelong Connections for Foster Youth Commitment Statement.

 

Human Resources & Development

13.             Approve changing the benefits eligibility waiting period for all new hire employees in Unrepresented Units to a four (4) week waiting period, retroactive to March 18, 2007.

Sheriff/Coroner

14.             Accept grant funding in the amount of $781,193 from the State of California, Governor's Office of Emergency Services, for the California Multi-jurisdictional Methamphetamine Enforcement Team (Cal-MMET). Ratify and authorize J. Steven Worthley to sign the Grant Award Amendment, per instructions by the Office of Emergency Services. Authorize the necessary budget adjustments. (4/5ths vote)

15.             Approve a fixed asset purchase in the amount of $9,995 for a Computer Voice Stress Analyzer which will be used for law enforcement pre-employment screenings and criminal investigations. Approve the necessary budget adjustments. (4/5ths vote)

Superior Court

16.             Approve a Proclamation declaring Jury Appreciation Week as May 14-18, 2007 in Tulare County.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

17.             Request from County Administrative Office to approve adding a new Section 4(a)(6) be inserted into House Resolution 24 and Senate Bill 27 of the San Joaquin River Settlement Mitigation 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.

18.             Public Comments.

19.             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

[Government Code Section 54956.9(a)]

Name of Case: Doreen Caetano-Jungk, Diana Gruber vs. County of Tulare, Tulare County Board of Supervisors, and Western Milling, LLC, Phoenix Bio-Industries, LLC, and Altra, Inc. (Real Parties in Interest), Superior Court of the County of Tulare Case No. 07-222310

Next Item(s) Sitting as...

ITEM B

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 C

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...