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

 

 

 

 

Kristin Bennett

Interim 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,

TERRA BELLA SEWER MAINTENANCE DISTRICT, AND

THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

July 17, 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 July 16 - 20, 2007 Probation Services Week.


CONSENT CALENDAR (Number 2 through 27)

 

 

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

2.                  Appoint Bob Carden to the Tulare County Mental Health Board as Member At-Large, Seat 15, for a term ending December 31, 2008.

3.                  Reappoint Joe Machado to the Kings Mosquito Abatement District for a term ending January 2, 2009.

4.                  Appoint Kent Henry to the Community Health Center Board for a term ending April 18, 2010.

5.                  Appoint Herbert Hawkins to the Public Facilities Corporation for a term ending July 1, 2011.

6.                  Appoint Walter Stammer to the Public Facilities Corporation for a term ending July 1, 2009.

7.                  Ratify the following Proclamations:  Honoring Sysco Food Service Systems as recipient of the Purveyor of the Year Award; Honoring Bob and Karen Cary as recipients of the Lifetime Achievement Award; Honoring Fred Ruiz as recipient of the Community Salute Award; Honoring Randy Zeeb as Visalia Chamber of Commerce 2007 Man of the Year; Honoring Carolyn Rose as Visalia Chamber of Commerce 2007 Woman of the Year; Honoring TPG Consulting, Inc. as Visalia Chamber of Commerce 2007 Small Business of the Year; Honoring Pine, Pedroncelli & Aguilar, Inc. as Visalia Chamber of Commerce 2007 Medium Business of the Year; Honoring Jostens as Visalia Chamber of Commerce 2007 Large Business of the Year; Honoring Biagro Western Sales, Inc. as Visalia Chamber of Commerce 2007 AG Business of the Year; and Honoring the volunteers and FoodLink for their freeze relief efforts.

8.                  Approve the Resolution to call an Election to fill the position of the Eighth Member on the Board of Retirement for the three (3) year term commencing January 1, 2008.  Adopt the election procedures included in the Resolution for that purpose.

9.                  Approve calling a Special Election to fill the unexpired term ending December 31, 2009 for the position of the Seventh Member on the Board of Retirement. Adopt the election procedures included in the Resolution for that purpose.  Adopt the election procedures included in the Resolution for the purpose of selecting the Alternate Seventh Member on the Board of Retirement.

 

10.             Approve calling a Special Election to fill the unexpired term ending December 31, 2007 for the position of the Alternate Retired Member on the Board of Retirement.  Approve calling the General Election for the position of the Alternate Retired Member on the Board of Retirement for the three (3) year term commencing January 1, 2008 to run concurrently with the Special Election.  Adopt the election procedures included in the Resolution for that purpose.

11.             Approve calling a Special Election to fill the unexpired term ending December 31, 2007 for the position of the Third Member on the Board of Retirement.  Approve calling the General Election for the position of the Third Member on the Board of Retirement for the three (3) year term commencing January 1, 2008 to run concurrently with the Special Election.  Adopt the election procedures included in the Resolution for that purpose.

County Administrative Office

12.             Approve and ratify the County Administrative Officer's delegated actions regarding Contracts and Personnel Changes during the month of June 2007.

Health & Human Services Agency

13.             Reaffirm Declaration of State of Emergency in the Tulare County Winter Freeze 2007.

14.             Appoint Rita Jahnke to the Tulare County Child Care Development and Planning Council as Parent/Consumer for a term ending June 30, 2009. Direct the Clerk of the Board to recruit for the remaining vacancies per the Maddy Act.

15.             Approve grant awards to the following providers from the Promoting Safe and Stable Families funds as recommended by the Children's Service Network for Fiscal Year 2007/2008:  Casa of Tulare County, $40,000; Family Services of Tulare County, $165,500; Parenting Network, $95,500; Lindsay Unified School District, $54,162; Visalia Unified School District, $54,162; and, Woodlake Family Resource Center, $54,162.  Approve the grant award from the Community Based Child Abuse Prevention funds in the amount of $23,200 to Synchrony of Visalia as recommended by the Tulare County Child Abuse Prevention Council for Fiscal Year 2007/2008.

16.             Approve an amendment to Agreement No. 21639 with Central California Family Crisis Center retroactive to July 1, 2007 through June 30, 2008 that will allow the continuance of a collaboration with Tulare County Health and Human Services Agency to maximize resources to improve health care for families living in an emergency shelter. Find that the Board had the authority to enter into the agreement as of July 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

17.             Approve an agreement with the Department of Health Services, Immunization Branch, retroactive to July 1, 2007 through June 30, 2008, to maintain an immunization program against childhood diseases as required by Health and Safety code, Chapter 435 prior to school admittance.  Find that the Board had the authority to enter into the agreement as of July 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

18.             Approve an agreement with Porterville Developmental Center from July 30, 2007 through July 31, 2008 for the recruitment and retention of Registered Clinical Dietitians for the Women, Infant and Children (WIC) Program with the anticipation of retaining their services after completion of the intern program.

Human Resources & Development

19.             Approve the following revisions to Administrative Regulation No. 18:  1) That the Chief Probation Officer shall have the authority to conduct pre-disciplinary reviews of proposed disciplinary actions for unrepresented employees in the Probation Department specifically, adding the language: The Chief Probation Officer shall have the authority to conduct pre-disciplinary reviews for unrepresented employees in the Probation Department.  The Chief Probation Officer shall be substituted by all occurrences of the County Administrative Officer/CAO and Division Manager shall be substituted for all occurrences of the Department Head; and 2) Delete the last four paragraphs under "G. Administrative Law Judge:, add:  The amount paid to the State for the services of the Hearing Officer assigned to hear the appeal and of the amount paid to the State, or directly to the reporter, for the services of the reporter who reports the proceedings shall be paid by the County.

Resource Management Agency

20.             Approve the plans and specifications for the construction of shoulder stabilization on Avenue 144 from Road 40 (Alignment) to State Route 99.  Authorize the Chairman to sign the plans. Approve the advertisement of the project.  Set the bid opening date for Wednesday, August 22, 2007 at 10:00 a.m.  Reaffirm that the project is exempt from the California Environmental Quality Act requirements.

21.             Authorize an amendment to Agreement No. 21662 with J. Laurence Mintier & Associates.  Authorize additional tasks associated with the Tulare County General Plan 2030 update.  Authorize an augmentation in an amount not to exceed $45,312 to fund completion of these tasks.  Authorize a thirty day time extension retroactive to June 30, 2007, with an expiration date of July 31, 2007.

22.             Set a Public Hearing for July 31, 2007 at 9:30 a.m. in the Board Chambers, Administration Building, 2800 West Burrel, Visalia, California, for placing delinquent CSA No. 1 and CSA No. 2 service fee charges on the 2007/2008 Tax Rolls.  Approve the Notice of Public Hearing.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT

23.             Set a Public Hearing for July 31, 2007 at 9:30 a.m. in the Board Chambers, Administration Building, 2800 West Burrel, Visalia, California, for placing delinquent Terra Bella Sewer Maintenance District service fee charges on the 2007/2008 Tax Rolls.  Approve the Notice of Public Hearing.

ADJOURN AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

24.             Approve the Hanger/Tiedown Lease Agreement with Bill Lundberg for Portable Hangar Space No. P3.

25.             Approve the Hanger/Tiedown Lease Agreement with Gary Truitt for Portable Hangar Space No. P2.

26.             Designate as a four-way STOP the intersection of Visalia Road (A280) and Mariposa Avenue (R156), near the City of Farmersville.  Authorize the installation of STOP signs at all entrances to the above-noted intersection, in accordance with Sections 2110(b) and 21103 of California Vehicle Code.

Sheriff/Coroner

27.             Ratify and approve an Agreement with the United States Department of Justice, Drug Enforcement Administration, retroactive to January 1, 2007 and extending through December 31, 2007 in the amount of $40,000.  Ratify and approve an amendment to the Agreement (mentioned above) with the United States Department of Justice, Drug Enforcement Administration, retroactive to January 1, 2007 and extending through December 31, 2007 in the amount of $20,000.  Find that the Board had authority to enter into the agreement as of January 1, 2007, and that it was in the County's best interest to enter into the agreement on that date.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

28.             Request from County Administrative Office to introduce and waive the first reading of an Ordinance amending sections 1-03-1460, 1-03-1465 and 1-03-1470 of Article 9 of Chapter 3 of Part 1 of the Ordinance Code of Tulare County pertaining to the membership of the Tulare County Water Commission.  Designate a sitting member of the Board of Supervisors to serve as an ex officio, non-voting Chairman of the Tulare County Water Commission.  Designate a sitting member of the Board of Supervisors as an alternate non-voting Chairman.  Schedule the first meeting of the Tulare County Water Commission for July 23, 2007 at 4:00 p.m. in the Board of Supervisors Chambers and appoint a Supervisor to act as Chairman for purposes of preparing the Agenda and running this organizational meeting.  Direct the County Administrative Officer to designate a Tulare County employee to serve as staff to the Tulare County Water Commission.  Authorize Health and Human Services Agency staff to submit Proposition 84 pre-application requests on behalf of the Water Commission with the exception that subsequent work on the grants would be coordinated by the Commission.  Waive the second reading and adopt the Ordinance on July 24, 2007.

29.             Public Comments.

30.             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).)

Ramirez, Aurelia et al. v. County of Tulare et al.

Tulare County Superior Court Case Number: 06-220537

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Valley Citizens for Water vs. County of Tulare, et al, Real Parties in Interest

Kaweah River Rock Co., et al, Tulare County Superior Court Case Number 05-215123

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property: Seller's APN 075-120-051 and 075-120-052

Agency Negotiator: Henry Hash and Resource Management Agency

Negotiating Parties: CVC Housing

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property: Seller's APN 040-033-009

Agency Negotiator: Henry Hash and Resource Management Agency

Negotiating Parties: Estes Trammel

Under Negotiation: Price and Terms of Payment

 

 

 

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Details

(Government Code Section 54956.8)

Property: Seller's APN 075-220-003

Agency Negotiator: Henry Hash and Resource Management Agency

Negotiating Parties: Susan Buck

Under Negotiation: Price and Terms of Payment

Next Item(s) Sitting as...

ITEM F

CONSIDER PUBLIC EMPLOYEE PERFORMANCE EVALUATION FOR THE POSITION OF:

Details

(Government Code Section 54957)

County Administrative Officer

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Tim Huntley, Kristin Bennett

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 H

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representatives: Tim Huntley, Kristin Bennett, Jack Hughes

Employee Organization: All Certified Employee Organizations

Unrepresented Employees:  All Unrepresented Employees

Next Item(s) Sitting as...