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

 

May 1, 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 May 2007 as Mental Health Awareness Month in Tulare County.

2.                  9:00 a.m. Recognition of Tim Sciacqua, Executive Director of the Tulare County Housing Authority for 27 years of service. Introduction of Ken Kugler the new Executive Director for the Tulare County Housing Authority.

3.                  9:00 a.m. Presentation given by Brian Lewis, County Librarian, of shirts promoting the Tulare County Library 2007 Summer Reading Program.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from Resource Management Agency to consider the proposed fee adjustments pertaining to services provided Project Review, Countywide Planning and Surveyor Divisions, County Fire and Health and Human Services Agency Environmental Health Division for the 2007/2008 Fiscal Year, effective July 1, 2007. Direct that said fee adjustments be incorporated into the revenues estimates for the proposed Fiscal Year 2007/2008 Budget.

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 26)

 

 

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.                  Appoint Nora Shannon, Family Member, Seat #11 to the Tulare County Mental Health Board for a term ending December 31, 2008.

6.                  Approve a Proclamation recognizing Peace Officers' Memorial in Tulare County.

7.                  Ratify the following Proclamations: Honoring El Monte Junior High School on being recognized as an Avid National Demonstration School; Honoring Joey Fernandes as Farmer of the Year.

Child Support Services

8.                  Approve the Plan of Cooperation Agreement with the Superior Court of the State of California, County of Tulare for the period of August 1, 2007 through July 31, 2010 to clearly define the responsibilities of both parties in ensuring compliance with federal and state laws and regulations related to the Child Support Enforcement Program.

County Administrative Office

9.                  Waive the second reading and adopt an Uncodified County 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. Authorize the Chairman to execute the Joint Powers Agreement on June 1, 2007 when the Ordinance goes into effect. Authorize $7,155 payment to the San Joaquin Valley Power Authority. (4/5ths vote)

Health & Human Services Agency

10.             Reaffirm Declaration of State of Emergency in the Tulare County Winter Freeze Resolution 2007-0045.

11.             Ratify and approve an agreement with the Tulare County Superintendent of Schools for the continued provision of mental health services to Special Education Pupils pursuant to the requirements of Assembly Bill 3632 for Fiscal Year 2006-2007, 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.

12.             Approve an amendment to Agreement No. 20726 with the State of California Department of Alcohol and Drug Programs to increase the contract amount for Fiscal Year 2006/2007 by $918,464 for a contract total of $4,699,032 to provide substance abuse treatment programs including adult residential, youth and adult outpatient, and perinatal residential and outpatient, retroactive to July 1, 2004 through June 30, 2008. 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.

13.             Terminate Agreement No. 22141 with First 5 Tulare County for the Children's Health Initiative. Approve the Assignment of Agreements with Health Net, Delta Dental and Vision Services Plan currently with Tulare County Health and Human Services Agency directly to First 5 Tulare County for the balance of the contract term.

14.             Approve the fixed asset purchase of twelve (12) MPH900 Mobile License Plate Readers not to exceed $311,297. Approve the transfer of equipment to local Police Departments, per the Homeland Security Grant Program acting as a pass through. Each Police Department to receive the following unit(s): Tulare County Sheriff's Department - 2 Units; Dinuba Police Department - 1 Unit; Exeter Police Department - 1 Unit; Farmersville Police Department - 1 Unit; Lindsay Police Department - 1 Unit; Porterville Police Department - 1 Unit; Tulare Police Department - 2 Units; Visalia Police Department - 2 Units; and Woodlake Police Department - 1 Unit. Approve the necessary budget adjustments. (4/5ths vote)

15.             Approve the fixed asset purchase of a Miele Laboratory Glassware Washer for the Tulare County Public Health Laboratory in the amount of $17,500. Approve the necessary budget adjustments. (4/5ths vote)

Resource Management Agency

16.             Approve a Month-to-Month Rental Agreement for temporary storage space at 345 E. Tulare, Visalia between John F. George and Donna J. George, Trustees of the George Family Trust dated July 16, 1982, for temporary storage to hold existing Library furniture and equipment during construction.

17.             Waive fees for use of Mooney Grove Park by the Kings/Tulare Area Agency on Aging, Senior Day Picnic on Wednesday, May 16, 2007.

18.             Approve an agreement with URS Corporation for Project Management and Peer Review Consulting Services for the Yokohl Ranch Development Project, effective May 1, 2007 through May 1, 2010.

19.             Adopt a report to the State of California Department of Transportation on the Revision of Mileage of Maintained County Roads.

20.             Approve the termination without cause of Tulare County Agreement No. 22393 for Custodial Services with Environment Control, Visalia and Agreement No. 22392 for Custodial Services with ABM Janitorial Services, Visalia, effective June 30, 2007 and authorize the Resource Management Agency Director, or his designee, to formally notify the contractors. Authorize the advertisement for a new agreement for Custodial Services, tentatively scheduled to begin service on July 1, 2007.

21.             Approve a waiver of the filing fees for Burton School District for a Road Name Change in the amount of $666.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

22.             Adopt the Preliminary Plan for the Proposed Pixley Redevelopment Project Area Amendment. Adopt the amended boundaries for the proposed Pixley Redevelopment Project Area. Direct that staff commence with the preparation of the Pixley Redevelopment Plan Amendment. Authorize the transmittal of information to the State Board of Equalization, Tulare County Auditor-Controller/Treasurer-Tax Collector, Assessor, and any other relevant taxing entities. Find that the inclusion of the selected agricultural properties with the adopted community plan boundaries is consistent with Redevelopment purposes within the adopted community plan boundaries. Find that the inclusion of the selected agricultural properties will not cause the removal of adjacent land, designated for agricultural use in the County General Plan, from agricultural use. Find that the inclusion of the selected agricultural properties is consistent with the County General Plan and the Pixley Community Plan. Find that the inclusion of the selected agricultural properties will result in a more contiguous pattern of development.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS TULARE COUNTY BOARD OF SUPERVISORS

23.             Waive the second reading and adopt an Ordinance amending Tulare County Ordinance No. 352 of the Tulare County Zoning Ordinance pertaining to Medical Marijuana Dispensaries including: a locational strategy of dispersal of medical marijuana uses; selection of appropriate zoning districts in which to locate medical marijuana dispensaries; selection of appropriate buffer distances between medical marijuana dispensary uses and sensitive land uses; amortization of existing uses that may become non-conforming through adoption of new zoning regulations; and repealing the interim Medical Marijuana Dispensary Zone, Ordinance No. 3336. Approve the Notice of Exemption for the Proposed Ordinance and find that adoption of the Proposed Ordinance is exempt for the California Environmental Quality Act.

 

Retirement

24.             Approve and adopt the Actuary's recommended Employer and Employee Contribution Rates, effective with the first pay period of Fiscal Year 2007/2008.

Sheriff/Coroner

25.             Approve an agreement with the United States Army Corps of Engineers for law enforcement services at Success Lake Recreation Area, retroactive to April 1, 2007 through no later than September 30, 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.

26.             Approve an agreement with United States Army Corps of Engineers for law enforcement services at Lake Kaweah Recreation Area, commencing on May 4, 2007 through September 3, 2007.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

27.             Request from County Administrative Office to find that the Seals/Biehle bid contained minor clerical errors, if any, but was substantially responsive to the County's bidding requirements. Waive the clerical errors, if any, in the Seals/Biehle bid based on the finding that: the bid amount included HVAC work; the bid did include the name of the HVAC subcontractor; and the clerical errors did not give Seals/Biehle an economic or competitive advantage over other bidders. Deny the bid protest of Lewis C. Nelson and Sons, Inc. Award the bid for the Visalia Library Expansion and Renovation project to the lowest responsible bidder, Seals/Biehle General Contractors, 9410 W. Placer Avenue, Visalia California 93291. Authorize the Chairman to sign the construction documents upon receipt of certificates of insurance, bonds and contract after review and approval as to form by County Counsel and evidence that the contractor possesses a valid State Contractor's License.

28.             Request from Fire Department to approve an agreement with the California Fire Chiefs' Association, Bomberos Section, to donate used fire protection equipment to be cleaned, repaired and redistributed to fire departments in Mexico.

29.             Request from Fire Department to approve an agreement with R-Ranch in the Sequoias Owners Association to donate an obsolete 1976 Ford Fire Engine to be used by their Volunteer Fire Brigade.

30.             Presentation by the Agricultural Commissioner regarding the 2006 Tulare County Annual Crop and Livestock Report.

31.             Public Comments.

32.             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).)

Allensworth Community Council, et al. v. County of Tulare, et al; Real Parties in Interest Sam Etchegaray, Etchegaray Dairies; Superior Court for the County of Tulare Case No 07-223397

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

National Resources Defense Council v. County of Tulare, et. Al; Real Parties in Interest Sam Etchegaray, Etchegaray Dairies; Superior Court for the County of Tulare Case #07-223394

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

The People of the State of California v. County of Tulare, County Board of Supervisors; Real Parties in Interest Sam Etchegaray, Etchegaray Dairies, Superior Court for the County of Tulare Case #07-223393

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Gloria Bovadilla v. County of Tulare

Workers' Compensation Appeals Board Claim No. FRE0223950 & FRE0223951

 

 

 

 

t Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

(Government Code Section 54956.9(c).)

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

Number of Potential Cases: 1

Resolution of Bid Protest on Visalia Library Renovation and Expansion Project

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

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

Number of Potential Cases: 1

Request by Esther Oregon re: Reduction of Permit Application Fees

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

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

Number of Potential Cases: 2

Next Item(s) Sitting as...

ITEM H

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 I

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...