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, AND

THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

May 22, 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 honoring Granite Hills High School's Grizzly Gazette on being named 2006 National Scholastic Press Association Online Pacemaker.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

2.                  PUBLIC HEARING: Request from Resource Management Agency to adopt a resolution of findings denying the appeal filed by Valley Citizens for Water regarding Planning Commission's approval of Surface Mining Permit 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 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 2002-051039) as being in compliance with the California Environmental Quality Act and adoption of project findings, a mitigation monitoring and reporting plan, and a statement of overriding considerations. Approve the Surface Mining Permit and Reclamation Plan PMR 02-002 subject to conditions and mitigation measures.

(Consent Calendar)

CONSENT CALENDAR (Number 3 through 19)

 

 

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

3.                  Approve an agreement with the California Department of Pesticide Regulation for electronic submittal of pesticide use report records effective July 1, 2007 or upon final approval, whichever occurs later through June 30, 2008.

Board of Supervisors

4.                  Reappoint Barbara Wasson, Consumer to the Community Health Center Board for a term ending April 18, 2011.

Child Support Services

5.                  Approve two separate fixed asset purchases of additional Security Equipment to increase the security of its facility to insure better monitoring and improved safety for their customers and staff not to exceed $15,000 each. Authorize the Purchasing Agent to take the necessary steps to order these assets during the current Fiscal Year. Approve the necessary budget adjustments. (4/5ths vote)

6.                  Approve the fixed asset purchase of two phone routers that will allow the telephone system to be compatible with Voice Over Internet Protocol not to exceed $12,000 each. Authorize the Purchasing Agent to take the necessary steps to order these assets during the current Fiscal Year. Approve the necessary budget adjustments. (4/5ths vote)

7.                  Ratify and approve the renewal of the Plan of Cooperation Agreement between the Superior Court of California, the County of Tulare, Self-Help Resource Center, and the Tulare County Department of Child Support Services for a joint commitment in promoting child support services and providing procedural assistance to customers who are representing themselves in Family Court, retroactive to February 24, 2007 through May 22, 2010. Find that the Board had authority to enter into the Agreement as of February 24, 2007 and that it was in the County's best interest to enter into the Agreement on that date.

County Counsel

8.                  Authorize the Chairman of the Board to sign the transfer and joint occupancy agreements (Transfer Agreement for Porterville; Joint Occupancy Agreement for Porterville; Transfer Agreement for Tulare; Joint Occupancy Agreement for Tulare) subject to County Counsel approval.

Fire Department

9.                  Approve a waiver of bids for the fixed asset purchase of a Stake Side Truck by the Tulare County Fire Department. Authorize the Purchasing Agent to negotiate directly with dealerships for the purchase. Approve the necessary budget adjustments. (4/5ths vote)

Health & Human Services Agency

10.             Ratify and approve an amendment to Agreement No. 21777 with the Kings/Tulare Area Agency on Aging to accept an additional $5,391 one time only money to assist in providing preventative health care for senior citizens in the form of assessments, education, and flu immunizations. Find that the Board had authority to enter into the proposed Amendment as of January 18, 2007. Approve the necessary budget adjustments. (4/5ths vote)

11.             Approve an agreement with the Tulare County Alcoholism Council, Inc. not to exceed $159,542 to provide services for individuals who have been referred to the Offender Treatment Program through November 30, 2007.

Resource Management Agency

12.             Introduce and waive the first reading of the Zoning Ordinance amending Ordinance No. 352 for the Change of Zone No. PZ 06-013 requested by Smee Builders to reclassify 80.88 acres from A-1 (Agriculture) and AE-20 (Exclusive Agriculture-20 acre minimum) to R-1 (Single Family Residential), located west of the intersection of Avenue 308 and Road 76 in Goshen. Set the Public Hearing for June 19, 2007 at 9:30 a.m. to waive the second reading and adopt the Ordinance.

13.             Approve an agreement with Central Valley Christian Housing Development, Inc. for project management of the County's 2005 CalHome Grant to continue the County's Emergency Repair Program.

14.             Approve the Measure R Cooperative Agreement with the Tulare County Association of Governments, acting as the Local Transportation Authority, for funding of transportation improvements. Delegate authority to the Director of Transportation to sign all Program Supplements to the Measure R Cooperative Agreement for expenditure reimbursements.

Sheriff/Coroner

15.             Authorize an online application to the U.S. Department of Homeland Security for a grant under the Fiscal Year 2007 Commercial Equipment Direct Assistance Program to provide rural law enforcement agencies with state-of-the-art equipment to help accomplish their Homeland Security goals.

16.             Authorize an online application to the Office of National Drug Control Policy for a grant under the Fiscal Year 2007 Counterdrug Technology Assessment Center Grant Program to provide state-of-the-art counterdrug technologies to state, local, and tribal law enforcement agencies to help combat illegal drugs in their communities.

17.             Approve the Grant Award Amendment from the Office of Emergency Services for the Residential Substance Abuse Treatment Program reflecting an increase in allowed funding of $96,000 for the grant award period of October 1, 2005 through June 30, 2007 with the total project cost now reflecting $145,813. Approve the necessary budget adjustments. (4/5ths vote)

18.             Rescind Resolution No. 2007-0112 dated February 27, 2007. Ratify and approve the Lease Agreement with the State of California, Department of Fish and Game, for a twenty month grazing lease to provide some control on the non-native annual grasses, retroactive to February 1, 2007. Find that the Board had authority to enter into the proposed agreement as of February 1, 2007 and that it was in the County's best interest to enter into the Agreement on that date.

Workforce Investment Board

19.             Reappoint the following to the Tulare County Workforce Investment Board, Inc. Board of Directors for terms ending May 31, 2009: Marcia Becerra, Rosa Carlson, Jeff Fly, Donna Glassman-Sommer, Mariann Hedstrom, Ronny Jungk, Charles McAninch, Harroll Wiley, William D. Scott, Jim Vidak, Barbara Waldron, and Bobbie Wilson.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

20.             Request from the County Administrative Office to review the Tulare County Draft Public Facilities Impact Fee Study prepared by MuniFinancial (May 11, 2007). Authorize the distribution of the impact fee study for a period of 45 days for public comment by the cities and other interested parties.

21.             Request from the County Administrative Office to consider, modify as needed, and approve the response to the 2006/2007 Grand Jury Report regarding Boards and Commissions in Tulare County Conduct of Meetings and authorize the Chairman to sign.

22.             Request from the Fire Department to approve re-staffing of the Doyle Colony and Lemon Cove Fire Stations with full-time employees. Approve developing and implementing a Fire Department managed Intern Program as a contributing element to offset recruitment and retention of employee issues. Affirm the Fire Chief's authority to increase fire engine staffing during periods of anticipated and calculated risk utilizing a fulltime employee call back to duty, and extra-help (reserves) employee activation, or a combination of the two to mitigate the risk exposure. Give direction to the Fire Chief to develop, and fund, the necessary budget items to create a protective clothing and safety equipment replacement object code to establish a cyclical replacement process. Give direction to the Fire Chief to establish, and fund, the necessary budget codes to create an Automotive Fire Equipment replacement object code to begin a planned process of replacement of fire engines, patrols, water tenders, and command/support vehicles.

23.             Public Comments.

24.             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 No. 07-22

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 No. 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 - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Valley Citizens for Water v. County of Tulare

Tulare County Superior Court Case No. 05-215123

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

Number of Potential Cases: 3

Next Item(s) Sitting as...

ITEM F

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 G

PUBLIC EMPLOYEE APPOINTMENT

Details

(Government Code Section 54957)

Consider Public Employee Appointment/Employment for the Position of:

Workforce Investment Department Administrator

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...