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


SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS,

THE TULARE COUNTY REDEVELOPMENT AGENCY, AND

THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

April 17, 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 Tuesday, May 1, 2007 as World Asthma Day in Tulare County.

2.                  9:30 a.m. Upon the Board's approval to accept a grant for $639,000 under the Sexual Assault Felony Enforcement program, receive a check presentation from Henry Renteria, Director of the Office of Emergency Services


Accept a grant for $639,000 from the Governor's Office of Emergency Services under the Sexual Assault Felony Enforcement Program (SAFE). Approve the Personnel Resolution adding the following positions: four (4) Detectives, one (1) Investigative Aide, one (1) Office Assistant III, one (1) Probation Officer III, and one (1) Investigator. Ratify and approve an agreement with Family Services to provide educational and ongoing victim support services, retroactive to April 1, 2007 through June 30, 2007. Ratify and approve a sample agreement with municipal police agencies within the County to provide law enforcement services, and upon advice of County Counsel, authorize the Sheriff to sign the agreement retroactive to April 1, 2007 through December 31, 2007. Find that the Board had authority to enter into the proposed agreement as of April 1, 2007 and that it was in the County's best interest to enter into the agreement on that date. Approve the fixed asset purchases of eight (8) vehicles, one (1) data storage server, one (1) large automatic cyanocrylate fuming chamber, one (1) GPS tracking unit, one (1) video capture station, and one (1) electronic data logger. Approve the necessary budget adjustments (4/5ths vote).

3.                  11:00 a.m. Request from the County Administrative Office to introduce and waive the first reading of an uncodified ordinance pertaining to approving the San Joaquin Valley Power Authority Joint Powers Agreement and authorizing the implementation of a Community Choice Aggregation Program in Tulare County and adding subsection (t) to Section 105 of the Ordinance Code of Tulare County. Approve the ordinance summary and direct the Clerk of the Board to publish.

 

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from Health and Human Services Agency to consider adopting fee adjustments for Clinical Services, effective July 1, 2007 and the Medical Marijuana Identification Card Program in the amount of $268, effective April 18, 2007.

5.                  PUBLIC HEARING: Request from Health and 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 6 through 24)

 

 

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

6.                  Approve an amendment to Agreement No. 22830 with the California Department of Food and Agriculture for the purpose of regulating freeze damage of all Navel and Valencia Oranges being processed in the County, effective July 1, 2006 through June 30, 2007. Authorize the Chairman to sign the Contractor Certification Clauses.

7.                  Approve an agreement with the California Department of Pesticide Regulation for electronic submittal of pesticide use report records, effective July 1, 2007 through June 30, 2008. Authorize the Chairman to sign the Contractor Certification Clauses.

Auditor/Controller

8.                  Authorize the issuance of Tax and Revenue Anticipation Notes for Fiscal Year 2007/2008. Approve in form the Note Participation Purchase Agreement.

9.                  Authorize the Auditor-Controller/Treasurer-Tax Collector to change the effective sale date of Agreement Sale No. 22315 per the request of the City of Tulare Redevelopment Agency to extend the effective date to December 12, 2007. Authorize the Auditor-Controller/Treasurer-Tax Collector to recoup additional costs.

Board of Supervisors

10.             Reappoint Donald J. Bennett to the Tulare County Museum Board for a term ending February 13, 2010.

District Attorney

11.             Proclamation declaring April 22-28, 2007 as Victims' Rights Week in Tulare County.

Health & Human Services Agency

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

13.             Approve an amendment to Agreement No. 22224 with the California Department of Mental Health for providing State Hospital Bed Purchase and Usage, retroactive to July 1, 2006 through June 30, 2007. Find that the Board had authority to enter into the proposed agreement as of July 1, 2006 and that it was in the County's best interest to enter into the agreement on that date.

14.             Approve the Tulare County Regional Emergency Management Mutual Aid Agreement between the County of Tulare and the cities of Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare, Visalia, and Woodlake.

Probation

15.             Authorize the Chairman of the Board to sign the Tulare County Application for Approval for the County's Comprehensive Multi-agency Juvenile Justice Plan. Assure that the County of Tulare's Comprehensive Multi-agency Juvenile Justice Plan has been developed, reviewed and provided to the Corrections Standard Authority in a format determined by the Corrections Standard Authority. Assure that the County of Tulare's Board of Supervisors and the Juvenile Justice Coordinating Council have reviewed and approves the County's Comprehensive Multi-agency Juvenile Justice Plan. Assure that the County of Tulare will adhere to the requirements of the Juvenile Justice Crime Prevention Act (Chapters 353 and 475 of the Government Code) regarding the submission of the Comprehensive Multi-agency Juvenile Justice Plan application or revision, investment of allocated monies, including any interest earnings, expenditure of said funds, and the submission of required reports to the CSA.

16.             Authorization to submit an application to receive and utilize federal grant funds available through the Juvenile Accountability Block Grants Program administered by the Corrections Standards Authority. Authorize the Chairman of the Board to sign the Grant Agreement, subject to approval by County Counsel. Agree to provide all matching funds required for said project, and abide by the statutes and regulations governing the Juvenile Accountability Block Grants Program as well as the terms and conditions of the Grant Agreement as set forth by the Corrections Standards Authority. Find that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

17.             Approve an agreement with Presbytery Outreach Ministries of Ivanhoe to administer the Ivanhoe Youth Center to provide youth opportunities, effective April 17, 2007 through June 30, 2007.

Resource Management Agency

18.             Designate one additional disabled parking stall for the exclusive use of vehicles displaying a special identification license plate or distinguishing placard along the west side of Wilbur Road (Road 39) in the community of Alpaugh.

19.             Approve the Board's intent to purchase real property located within the unincorporated Community of Goshen. Set May 15, 2007 at 9:30 a.m. as the date and time the Board consummates the purchase of real property. Instruct the Director of the Resource Management Agency, or authorized designee, to publish the Notice of Intent to Purchase Real Property in the Visalia Times-Delta once a week for three consecutive weeks pursuant to Government Code Sections 25350 and 6063. Authorize the Assistant Director of the Resource Management Agency, Community and Development Services, to sign escrow instructions and sign for approval of the Preliminary Title Report, County Counsel to review escrow instructions.

20.             Approve the Notice of Public Hearing for consideration of sewer and water user fee adjustments for the following specific County Service Area Zones of Benefit: El Rancho, Seville, Tonyville, Tooleville, Yettem, and Wells Tract sewer systems in addition to the Delft Colony and Yettem water systems. Set the Public Hearing for June 12, 2007 at 9:30 a.m.

21.             Authorize submittal of an application to the California Department of Housing and Community Development for an allocation of $600,000 under the CalHome Program for the operation of an Emergency Repair Program located in the Tulare County Redevelopment Project Areas of Cutler-Orosi, Earlimart, Goshen, Ivanhoe, Pixley and Poplar-Cotton Center. Authorize the waiver of building permit fees of $12,000, which is consistent with the County's adopted Housing Element Program. Agree that, if the application for funding is approved, the County will use the CalHome funds for eligible activities in the manner presented in the application. Authorize the Chairman of the Board, or authorized designee, to act on behalf of the County, to execute in the name of the County of Tulare, the Standard Agreement, subject to County Counsel approval as to form.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

22.             Authorize the commitment of Tulare County Redevelopment Agency housing set-aside funds in the amount of $60,000 from the following sources: Cutler-Orosi ($10,000); Earlimart ($10,000); Goshen ($10,000); Ivanhoe ($10,000); Pixley ($10,000); and Poplar-Cotton Center ($10,000) for rehabilitation and administration of the 2007 CalHome Grant. Find that financing administration for a grant that will alleviate serious health and safety issues in these communities is (a) consistent with the adopted Affordable Housing Component and the Redevelopment Plans for Cutler-Orosi, Earlimart, Goshen, Ivanhoe, Pixley, and Poplar-Cotton Center; (b) implements the affected redevelopment plans by assisting in the eradication of blight caused by deteriorated and dilapidated housing units; and (c) is consistent with the affected implementation plans adopted pursuant to Health and Safety Code 33590. Find that there is no other reasonable available means of financing administration of the CalHome Grant and that the County does not have available funding for this purpose.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

23.             Waive the public bidding process requirement for a Radio Communications System and authorize the County Purchasing Agent to purchase the Radio Communication System as a sole source procurement for the Search and Rescue Unit.

24.             Authorize the fixed asset purchase of three (3) replacement full-size pick-up trucks to be used in the Rural Crime Prevention Program, Ag Crime Unit, to be purchased with funds from the Sheriff's Vehicle Replacement Trust Fund. Approve the necessary budget adjustments. (4/5ths vote)

(Items Not Timed)

 

 

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

25.             Request from Resource Management Agency to approve the Second Amendment to the Road 80 Widening Project Agreement for Engineering and Right of Way services as Task Order 2 with Dokken Engineering, amending the scope of services and establishing the total compensation for Task Order 2 at $4,149,746.40.

26.             Public Comments.

27.             Board of Supervisors matters.

(Closed Sessi

 

 

 

 

on)

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

(Government Code Section 54956.9(b)(1).)

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

(Government Code Section 54956.9(b)(1).)

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

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM C

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

PERSONNEL

Details

(Government Code Section 54957)

Public Employee Discipline/Dismissal.

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

County of Tulare vs. Tulare County Deputy Sheriff's Association

Superior Court Case No. 06-219977

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LABOR NEGOTIATIOR

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 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...