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

 

June 12, 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 given by Paul Saldana, CEO of the Economic Development Corporation, regarding tourism.

 

 

 

 

 

2.                  9:00 a.m. Employee Service Awards

DISTRICT 1 - Chairman Allen Ishida

 

 

 

 

NAME

DEPARTMENT

SERVICE YEARS

Michael Montejano

District Attorney

30

Kathleen Bales-Lange

County Counsel

25

Dianne Pyle

District Attorney

25

Ophelia Arechiga

Health and Human Services Agency

20

Elaine Baltazar

Health and Human Services Agency

20

Ken Bowers

Health and Human Services Agency

20

Sabrina Robinson

Health and Human Services Agency

20

Barbara Bozarth

Health and Human Services Agency

15

Bob Chavez

Health and Human Services Agency

15

Stella Barajas Cisneros

Health and Human Services Agency

15

Ann Contreras

Health and Human Services Agency

15

Brian Cox

Ag Commissioner/Sealer

15

 

 

 

DISTRICT 2 - Supervisor Connie Conway

 

 

 

 

NAME

DEPARTMENT

SERVICE YEARS

Alicia Aguila

Health and Human Services Agency

25

Gayline Casey

Health and Human Services Agency

25

Theresa Delgado

Health and Human Services Agency

25

Cecilia Ortiz

Health and Human Services Agency

25

Irma Romero

Health and Human Services Agency

25

Janet Routon

Health and Human Services Agency

25

Alta Valverde

Health and Human Services Agency

25

Roberto Bustos

Health and Human Services Agency

20

Reyes Flores

Health and Human Services Agency

15

Donna Ochoa

Health and Human Services Agency

15

Martha Tobias

Health and Human Services Agency

15

 

 

 

DISTRICT 3 - Supervisor Phillip Cox

 

 

 

 

NAME

DEPARTMENT

SERVICE YEARS

Lucy Holguin

Health and Human Services Agency

35

Robert Browne

Health and Human Services Agency

30

Shiela Campbell

District Attorney

30

Ruben Castillo

Assessor

30

Phil Cline

District Attorney

25

Rafael Garcia, Jr.

Ag Commissioner/Sealer

25

Aleshia Maxwell

Health and Human Services Agency

25

William Yoshimoto

District Attorney

25

Francis Hagan

Health and Human Services Agency

20

Monica Ledesma

Health and Human Services Agency

20

John Mauro

Health and Human Services Agency

20

Donna Campbell

Health and Human Services Agency

15

Judith Garcia

Health and Human Services Agency

15

Eric Petersen

Health and Human Services Agency

15

Delia Sahagun

Health and Human Services Agency

15

Lynn Tarr

Health and Human Services Agency

15

Neal Wallis

Auditor-Controller

15

 

 

 

DISTRICT 4 Supervisor Steven Worthley

 

 

 

 

NAME

DEPARTMENT

SERVICE YEARS

Larry Dwoskin

Health and Human Services Agency

20

Mario Martin

District Attorney

20

Carol Harland

Child Support Services

15

Cheryl Mason

Auditor-Controller

15

Elsa Rodriguez

Health and Human Services Agency

15

Veronica Silva

Health and Human Services Agency

15

 

 

 

DISTRICT 5 Supervisor Mike Ennis

 

 

 

 

NAME

DEPARTMENT

SERVICE YEARS

Wil Bergen

Assessor

35

Herman Martinez

District Attorney

30

Juana Ramirez

Health and Human Services Agency

15

 

 

 

 

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

3.                  PUBLIC HEARING: Request from Resource Management Agency to consider sewer and water user fee adjustments for the following specific County Service area Zones of Benefit effective July 1, 2007: El Rancho, Seville, Tonyville, Tooleville, Yettem, and Wells Tract sewer systems in addition to the Delft Colony and Yettem water systems.

4.                  PUBLIC HEARING: Request from Resource Management Agency to deny the appeal submitted by Tom C. and Carolyn Moshier (Agent: Lane Engineers, Inc.) and uphold the Planning Commission's modified approval of Setback Variance No. PSV 07-001, which denied the requested variance from State Route 201, subject to the findings and conditions set forth in Planning Commission Resolution No. 8218.

5.                  PUBLIC HEARING: Request from Resource Management Agency to approve the Tentative Map for Tract 791, subject to the conditions recommended by the Planning Commission in Resolution No. 8217, and the supplemental conditions, for a single family residential subdivision of 9.58 acres into 25 lots (23 residential lots, one ponding basin lot, and a Lot A, which is designated for private roads) in the R-A-12.5 (Rural Residential-12,500 sq. ft. minimum) Zone on property located on the northeast corner of Avenue 400 (State Hwy. 201) and Road 32, east of Kingsburg. Adopt the findings as set forth in Planning Commission Resolution No. 8217. Find there is no substantial evidence that said Tentative Subdivision will have a significant effect on the environment and determine that the Environmental Impact Report prepared for the Kings River Plan adequately addresses Vesting Tentative Subdivision No. TM 791 in compliance with the California Environmental Quality Act of 1970, as amended.

 

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 28)

 

 

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 agreement with the California Department of Food and Agriculture for County Petroleum Products Compliance and Weightmaster Enforcement Programs effective July 1, 2007 through June 30, 2008. Authorize the Chairman to sign the Contractor Certification Clauses.

Board of Supervisors

7.                  Reappoint George McEwen to the Tulare County Pest Control District for a term ending April 23, 2011.

8.                  Proclamation honoring Marge Risi - First Alumnus of the Year Leadership Tulare Program.

County Administrative Office

9.                  Approve and ratify the County Administrative Officer's delegated actions regarding Contracts and Personnel Changes for the month of May 2007.

10.             Delegate authority to the County Administrative Officer to authorize the use of County property, and/or authorize direct charitable solicitation by County officers and employees for a Charitable Fund Drive pursuant to California Government Code Section 26227.

11.             Approve an amendment to Agreement No. 22890 with Strategic Local Government Services, LLC for State legislative services. Authorize the Chairman to sign the amendment pending review and approval by County Counsel.

12.             Approve an amendment to Agreement No. 22889 with Alcalde & Fay for Federal legislative services. Authorize the Chairman to sign the amendment pending review and approval by County Counsel.

13.             Accept the 2007 Grant Funding from the Indian Gaming Local Community Benefit Committee, SB 621 Local Government Mitigation funding in the amount of $270,000 to the Tulare County Fire Department for the purchase of digital pagers, communications gear and other emergency response equipment; $50,000 to the Resource Management Agency for road maintenance on reservation Road; and $15,039 to the Resource Management Agency for the Tulare County Museum Preservation Project. Authorize the necessary budget adjustments. (4/5ths vote)

 

Fire Department

14.             Approve a Donation Agreement with the Posey Fire Auxiliary to accept the donation of a 2008 Ford Fire Patrol Truck.

15.             Approve an agreement with the Tule River Community Fire Department for the donation of an air pack refill station from the County of Tulare, subject to review and approval as to form by County Counsel.

Health & Human Services Agency

16.             Approve an agreement with the Davis Guest Home, Inc., a licensed Augmented Board and Care Facility, in the amount of $150,000 to maintain a Residential Care Program in Tulare County for the mentally disabled from July 1, 2007 through June 30, 2008.

17.             Approve an amendment to Agreement No. 21794 with Town and Country Diagnostics in the amount of $200,000 to provide x-ray services from July 1, 2007 through June 30, 2008.

18.             Approve an amendment to Agreement No. 21972 with Alternative Services, Inc. in the amount of $893,000 to maintain a "Driving Under the Influence" Program in Tulare County from July 1, 2007 through June 30, 2008.

19.             Approve an amendment to Agreement No. 21964 with the National Council on Alcoholism and Drug Dependence, Inc. in the amount of $153,280 for the provision of alcohol and drug prevention services from July 1, 2007 through June 30, 2008.

20.             Approve an amendment to Agreement No. 22004 with the Tulare County Superintendent of Schools in the amount of $130,000 for the provision of the Friday Night Live Program and the Safe and Drug Free Schools and Communities grant from July 1, 2007 through June 30, 2008.

21.             Approve an amendment to Agreement No. 21966 with Community Alcohol and Drug Rehabilitation Effort, Inc. in the amount of $186,473 for the provision of Proposition 36 alcohol and drug treatment services from July 1, 2007 through June 30, 2008.

22.             Approve an Agreement with the State of California Department of Alcohol and Drug Programs for combined Drug/Medi-Cal and Negotiated Net Amount Funds in the amount of $14,546,469 from July 1, 2007 through June 30, 2010.

Probation

23.             Approve the amendments to Agreement Nos. 21718, 21672, 21680, 21731, 21732 and 21655 with Burton School District, Cutler-Orosi Unified School District, Earlimart School District, Exeter Union School District, Kings River Union School District and Porterville Unified School District to provide the services of Probation Officers for the continued operation of the respective Campus Probation Officer Program effective July 1, 2007 to June 30, 2008.

 

 

Resource Management Agency

24.             Approve an agreement with the State of California, Department of Transportation for the exchange of $887,784 in Federal Transportation project funds into State Funds for non-Federal State Highway Funds for Fiscal Year 2006/2007 and accept the $100,000 from the State as matching funds.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

25.             Accept the Richgrove Stormwater Drainage, Air Quality Improvement and Recreation Project - Phase 2 as constructed by Bill Nelson General Engineering Construction, Inc. as complete and authorize the Tulare County Redevelopment Agency Executive Director to sign and record a Notice of Completion for the Project.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

26.             Ratify and approve an amendment to Agreement No. 17435-K with the Visalia Unified School District to provide instructional services, retroactive to July 1, 2006 through June 30, 2007. Find that the Board had the authority to enter into the proposed Amendment on July 1, 2006, and that it was in the County's best interest to enter into the amendment on that date. Approve the necessary budget adjustments. (4/5ths vote)

27.             Authorize the establishment of a Trust Fund No. 456 designated for 15% of all State asset forfeitures received as specified in Health & Safety Code, Section 11489. Proceeds to be used to combat drug abuse and divert gang activity.

28.             Authorization to submit an online application to the Office of Community Oriented Policing Services division of the U.S. Department of Justice for Secure our Schools grant funding in the amount of $25,000 to purchase security equipment for the Cutler-Orosi Joint Unified School District.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

29.             Request from County Administrative Office to approve Program Agreement 1 with the San Joaquin Valley Power Authority to provide contractual framework for final implementation of the Community Choice Aggregation Program in Tulare County. Authorize the Chairman to sign the agreement pending review and approval by County Counsel as to any non-substantive changes.

30.             Public Comments.

31.             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).)

County of Tulare, Board of Supervisors vs. Judicial Council of California, Administrative Office of the Courts, et. al., Sacramento County Superior Court Case No. 07AS00376

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Kings River Conservation Committee Valley Advocates vs. County of Tulare et al, (Real Parties in Interest David Rosenbaum and Beatrice Rosenbaum, Riverland Real Property Investment, Inc. et al), Tulare County Superior Court Case No. 07-223908

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

City and County of San Francisco vs. Microsoft Corporation

Multi District Litigation Docket No. 1332

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Global Discoveries, LTD. vs. Tulare County Board of Supervisors, Tulare County Treasurer-Tax Collector, Tulare County Superior Court No. VCU223868

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

Appeal by Tom and Carolyn Moshier regarding the Tulare County Planning Commission's modified approval of setback Variance No. PSV 07-001 as set out in Tulare County Planning Commission Resolution No. 8218

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

Consideration of Vesting Tentative Subdivision Map Application No. TM 791 (Applicant Moshier) upon recommendation of the Tulare County Planning Commission as set out in Tulare County Planning Commission Resolution No. 8217

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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...