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

AND THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

 

July 24, 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)


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

1.                  PUBLIC HEARING: Request from Resource Management Agency to approve the Resolution to vacate Road 122 south of Avenue 480 in north Tulare County. Determine that the vacation is exempt from the California Environmental Quality Act pursuant to the adopted Tulare County CEQA Guidelines as a Class 5(e), Abandonment's of existing street, alley and utility easements on which no road improvements exist, and the Environmental Assessment Officer is directed to sign and file a Notice of Exemption with the Tulare County Clerk. Determine that the hereinafter described portion of Road 122, south of Avenue 480 is unnecessary for present or prospective public use and vacation thereof is in the public interest. Direct the Clerk of the Board to cause a certified copy of the Resolution to be recorded in the office of the Tulare County Assessor/Clerk-Recorder.

2.                  PUBLIC HEARING: Request from Resource Management Agency to review and receive public comments on the Community Development Block Grant Annual Grantee Performance Reports for Grant No. 05-EDBG-1976, 05-STBG-1563, 04-EDBG-638, the Close-out of Grant No. 04-PTAA-0822, and the Program Income Revolving Loan Accounts. Authorize the Interim County Administrative Officer, or authorized designee, to sign the final close-out certification documents. Authorize the submittal of all signed close-out documents to the State Department of Housing and Community Development. Approve the Annual Grant Performance Reports and authorize the Chairman of the Board, or authorized designee, to sign the reports for submittal to the State Department of Housing and Community Development. Review the 2007/2008 potential grant projects list.

3.                  PUBLIC HEARING: Request from Resource Management Agency to approve the appeal by Lloyd Compton and James Gessner regarding the approval of Tentative Parcel Map No. PPM 06-044/Gary and Roselen Mills for a subdivision of 7.37 acres into three parcels (Parcel 1-2.79 acres, Parcel 2-1.99 acres, and Parcel 3-2.59 acres) in the R-A-43 (Rural Residential - 43,000 sq. ft. minimum) Zone, located on the north side of East Mynatt Drive, approximately one mile east of Highway 198, Three Rivers and deny the exception to road improvements for Tentative Parcel Map No. PPM 06-044 and refer the matter back to the Site Plan Review Committee for consideration of appropriate Conditions of Approval.

(Consent Calendar)

 

 

 

 

 

 

CONSENT CALENDAR (Number 4 through 20)

 

 

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

4.                  Reappoint Bill Crawford Jr. to the Woodlake Public Cemetery District for a term ending October 10, 2009.

5.                  Reappoint Patricia Marin to the Woodlake Public Cemetery District for a term ending October 10, 2010.

6.                  Appoint Bill C. Greer, District 3 - Regular Member to the Tulare County Library Advisory Board for a term ending December 31, 2008.

County Administrative Office

7.                  Accept the work for the Oat Mountain Repeater Site as a completed project by Petroleum Telcom Inc. dba Telcom Inc. Authorize the Chairman of the Board to sign the Notice of Completion. Direct the Clerk of the Board to have the Notice of Completion recorded with the office of the Tulare County Clerk-Recorder.

8.                  Accept the work for the Household Hazardous Waste Center Remodel as a completed project by Dale Atkins Contractor. Authorize the Chairman of the Board to sign the Notice of Completion. Direct the Clerk of the Board to have the Notice of Completion recorded with the office of the Tulare County Clerk-Recorder.

9.                  Waive the second reading and adopt 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. Direct the Clerk of the Board to publish the Ordinance.

District Attorney

10.             Authorize the submission of a grant application for continued grant funding to the California Department of Justice in the amount of $85,747 for the Spousal Abuser Prosecution Program. Certify that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body and will hold the Department of Justice harmless from any claims that may arise from the use of grant funds. Ratify and approve the Board Chairman's signature on the Grant Award Agreement with the Department of Justice, retroactive to July 1, 2007 through June 30, 2008. Find that the Board had authority to enter into the proposed Grant Award Agreement as of July 1, 2007 and that it was in the County's best interest to enter into the Agreement.

Health & Human Services Agency

11.             Reappointment Robin Chism, Consumer Seat 1 and Tracy Harrell, Consumer Seat 2 to the In-Home Supportive Services Advisory Committee for terms ending June 30, 2010.

12.             Designate a selection panel composed of the County Mental Health Director, County Public Defender and County Counsel (or their designees) for the purpose of obtaining a Certification Review Hearing Officer. Authorize the Chairman to sign three (3) copies of the Letter of Designation.

13.             Ratify and approve an amendment to Agreement No. 21611 with Porterville Halfway House, Inc. d.b.a. The PAAR Center in the amount of $118,125 to provide 24-hour residential services of concurrent drug and alcohol recovery and mental health services to adult men eighteen years of age and older, retroactive to July 1, 2007 through June 30, 2008. Find that the Board had authority to enter into the proposed agreement as of July 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

14.             Ratify and approve an amendment to Agreement No. 21893 with Envision Resources, Inc. to access Patient Assistance Programs for prescription medications with pharmaceutical manufacturers, retroactive to July 1, 2007 through June 30, 2008. Find that the Board had authority to enter into the proposed agreement as of July 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

15.             Ratify and approve an agreement with the California Department of Forestry for Tulare County Environmental Health to provide testing and permitting of the Mountain Home Demonstration State Forest campgrounds water system, retroactive to July 1, 2007 through June 30, 2008. Find that the Board had authority to enter into the proposed agreement as of July 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

16.             Ratify and approve an agreement with Parenting Network to participate in the Medi-Cal Administrative Activities Program to assist Medi-Cal individuals and their families in the receipt of services and activities in the Medi-Cal Program, retroactive to January 1, 2007 through June 30, 2008. Find that the Board had the authority to enter into the proposed agreement as of January 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

17.             Approve changes to the Tulare County Health and Human Services Agency Fiscal Year 2006/2007 Budget. Approve the necessary budget adjustments. (4/5ths vote)

Probation

18.             Ratify and approve amendments to Agreement No. 21685 with Lindsay Unified School District; Agreement No. 22386 with Farmersville Unified School District; Agreement No. 21673 with Dinuba Joint Unified School District; Agreement No. 21659 with City of Visalia; Agreement No. 21687 with City of Exeter; Agreement No. 21720 with City of Farmersville; Agreement No. 21656 with City of Dinuba; Agreement No. 21658 with City of Porterville; and Agreement No. 21657 with City of Lindsay to provide the services of Probation Officers for the continued operation of the Thunderbolt Delinquency Prevention Program, retroactive to July 1, 2007 through June 30, 2008. Find that the Board had authority to enter into the proposed amendments to the agreements as of July 1, 2007 and that it was in the County's best interest to enter into the agreements on that date.

Resource Management Agency

19.             Accept the work for asphalt concrete overlay construction on Road 80 from Avenue 326 to Avenue 334 and from Avenue 358 to Avenue 376 as complete by Glen Wells Construction. Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the Notice of Completion recorded.

Sheriff/Coroner

20.             Ratify and approve an amendment to the Memorandum of Understanding with Superior Court of California, County of Tulare to provide Court Security Services, retroactive to July 1, 2007 and extending through June 30, 2008. Find that the Board had authority to enter into the amendment to the Memorandum of Understanding as of July 1, 2007, and that it was in the County's best interest to enter into the amendment to the Memorandum of Understanding on that date. Approve and authorize a Personnel Resolution increasing the Sheriff's position allocation by five (5) Sheriff Deputies due to the Superior Court's request to increase the staffing of Sheriff Deputies for Court Security Services.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

21.             Request from the District Attorney's Office to authorize the increase in the number of Prosecutor Assistants and Investigative Technicians to be stationed at the Visalia Police Department. Approve the Personnel Resolution increasing the District Attorney's Prosecutor Assistants and Investigative Technician allocation by one for each classification. Approve the necessary budget adjustments. Ratify and approve an agreement with the City of Visalia for services of a District Attorney Prosecution Assistant and a District Attorney Investigative Technician to be stationed at the Visalia Police Department, retroactive to July 1, 2007 through June 30, 2008. Find that the Board had authority to enter into the proposed agreement as of July 1, 2007 and that it was in the County's best interest to enter into the agreement on that date. (4/5ths vote)

22.             Request from Resource Management Agency to allow an application for a zone change for PZI 07-003 requested by Richard Heaton of R-Y Timber, Inc. to change the Zone designation from AE-20 (Exclusive Agriculture - 20 acre minimum) to M-2 (Heavy Manufacturing). The area totals approximately 131 acres of land and is located northwest of the City of Dinuba, west of the intersection of Road 72 and Avenue 424.

23.             Request from County Administrative Office to authorize and approve staffing changes for the District Attorney, Public Defender, and Probation Department due to new judicial assignments by adding the following allocations: three (3) Attorney V positions to the District Attorney; three (3) Attorney V positions to the Public Defender; two (2) Legal Office Assistant III positions each to both District Attorney and Public Defender; and three (3) Probation Officer II positions to the Probation Department. Approve the necessary budget adjustments. (4/5ths vote)

24.             Public Comments.

25.             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).)

Rodney Garcia v. County of Tulare

Workers Compensation Appeal Board Case Number FRE 0225454

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Mary Salazar v. County of Tulare - Workers Compensation Appeals

Board, Case Number FRE 0169996 & FRE 0232822

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

David Gonzales, et al. v. County of Tulare, et al., USDC Eastern

District Case No. 1:07 - CV - 00949 - OWW NEW

 

 

 

 

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

Gary and Roselen Mills Appeal Approval Tentative Map PPM06-044 / Three Rivers, adjacent property owners - Lloyd Compton and James Gessner

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

Number of Potential Cases: 9

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

Number of Potential Cases: 2

Next Item(s) Sitting as...

ITEM H

PUBLIC EMPLOYEE APPOINTMENT

Details

(Government Code Section 54957)

Consider Public Employee Appointment/Employment for the Position of:

County Administrative Officer

Next Item(s) Sitting as...

ITEM I

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 J

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...