(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.
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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
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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...