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 8, 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. Presentation by Harry Love to proclaim May 7-13, 2007 as Wildfire Awareness Week in Tulare County.


 

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

2.                  PUBLIC HEARING: Request from Resource Management Agency to receive comments regarding the close-out of Community Development Block Grant No. 03-EDBG-909. 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.

3.                  PUBLIC HEARING: Request from Resource Management Agency to close the public testimony, and continue the hearing to a date certain to enable staff to prepare appropriate documentation regarding the denial of the appeal filed by Valley Citizens for Water on Surface Mining Permit and Reclamation Plan No. PMR 02-022 for the Kaweah South Surface Mining Project, located east of SR 245 between Avenue 332 and the Kaweah River, approximately 1 mile south of the city limits of Woodlake. Certify that the Board has reviewed and considered the information contained in the Final Revised Environmental Impact Report and the previous Final Environmental Impact Report as a single integrated document prepared for PMR 02-002. Approve the Final Revised Environmental Impact Report and Final Environmental Impact Report for the Kaweah South Project (SCH 2002-051-39) as being in compliance with the California Environmental Quality Act and adoption of project findings, a mitigation monitoring and report plan, and a statement of overriding considerations. Approve Surface Mining Permit and Reclamation Plan PMR 02-002, subject to conditions and mitigation measures.

(Consent Calendar)

CONSENT CALENDAR (Number 4 through 13)

 

 

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

4.                  Approve $20,579 for project recommended by the Tulare County Fish & Game Commission for Fiscal Year 2007/2008 and authorize the Agricultural Commissioner to approve disbursement of funds for these projects upon adoption of the Fish & Game Propagation Program budget for Fiscal Year 2007/2008. Approve the Notice of Exemption pursuant to the California Environmental Quality Act and the State Guidelines. Direct the Clerk of the Board to file the Notice of Exemption with the County Clerk. (4/5ths vote)


Board of Supervisors

5.                  Reappoint Thiry Gail Bennett to the Three Rivers Public Cemetery District for a term ending May 10, 2010.

6.                  Appoint Gary B. Whitney to the Three Rivers Public Cemetery District for a term ending May 10, 2008.

Child Support Services

7.                  Approve the fixed asset purchase of an additional Computer Network Blade not to exceed $6,000 to upgrade their capacity to address security improvements that will automatically notify personnel in the event of an environmental control failure. Approve the necessary budget adjustments. (4/5ths vote)

8.                  Ratify and approve a Collaborator Agreement with the Tulare County Office of Education, Services for Education and Employment to fulfill a requirement of application for a Workforce Investment Department Welfare-to-Work Grant, retroactive to April 25, 2007. Ratify Peggy Anderson's signature on the Collaborator Agreement, subject to review and approval as to form by County Counsel.

County Administrative Office

9.                  Approve and ratify the County Administrative Officer's delegated actions regarding Contracts and personnel Changes for the month of April 2007. (4/5ths vote)

Fire Department

10.             Introduce and waive the first reading of an Ordinance adding Section 1-03-2040 to Article 23 of Chapter 3 of Part 1 of the Tulare County Ordinance Code pertaining to the establishment of a Tulare County Fire Department and Office of the Tulare County Fire Chief.

Resource Management Agency

11.             Approve the fixed asset purchase of a mail sorter for the Resource Management Agency Print and Mail Shop which will allow the Health and Human Services Agency the capability to receive and process electronic files from Sacramento via DVD or an established data link. Approve the necessary budget adjustments. (4/5ths vote)

12.             Approve the Implementing Agreement for the Habitat Conservation Plan to provide meassures for avoiding, minimizing, and compensating for adverse effects on San Joaquin Kit Fox and Vernal Pool Fairy Shrimp at the Woodville Solid Waste Disposal Site. Authorize the Chairman to sign the Declaration of Restrictions for the Woodville Solid Waste Disposal Site Expansion Project.

13.             Approve the Sub-license Agreement between the County of Tulare for the Kings/Tulare Area Agency on Aging and Comision Honorifica Mexicana Americana Inc. for office space at 466 E. Putnam, Porterville.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

14.             Approve a resolution identifying a preferred site for a new court facility in Porterville.

15.             Public Comments.

16.             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).)

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 #07-2233

Next Item(s) Sitting as...

ITEM B

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 C

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 D

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:

Appeal filed by Valley Citizens for Water pertaining to the Kaweah River Rock Company Surface Mining and Reclamation Plan Application

Next Item(s) Sitting as...

ITEM E

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: 3

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: 2

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 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 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...