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


 

August 28, 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 grant the appeal filed by Mangano Homes, appealing the Planning Commission's denial of Planned Development No. PD 07-001 and Tentative Map for Tract 774, for a single family residential subdivision of 113 acres into 176 residential lots, seven common area lots and one public facility lot, located east of the intersection of Road 124 and Liberty Avenue (Avenue 264), south of Visalia. Approve Planned Development 07-001, subject to the appropriate findings and conditions of approval. Certify the adequacy of the Environmental Impact Report (EIR) prepared for Planned Development No. PD 07-001, find that it will have a significant effect on the environment, adopt the statement of overriding considerations as contained herein and find that the EIR has been completed in compliance with the California Environmental Quality Act and the State Guidelines for the Implementation of the California Environmental Quality Act of 1970, as amended. Adopt the Mitigation Monitoring Program as set forth in the Environmental Impact Report prepared for PD 07-001. Adopt the Resolution for the Tentative Map for Tract 774 (TM-774) which: (a) Certifies the adequacy of the Environmental Impact Report prepared for Tentative Map 774 and exceptions, finds that it will have a significant effect on the environment, adopts the statement of overriding considerations and finds that the Environmental Impact Report has been completed in compliance with the California Environmental Quality Act and the State Guidelines for the Implementation of the California Environmental Quality Act of 1970, as amended; (b) Adopts the Mitigation Monitoring Program as set forth in the Environmental Impact Report prepared for Tentative Map 774; and (c) Grants the appeal, and approves Tentative Map 774 subject to the appropriate findings and conditions of approval.

2.                  PUBLIC HEARING: Request from County Administrative Office to allow members of the public to comment on the proposed projects for Family HealthCare Network. Approve the Issuance of Bonds by the California Municipal Finance Authority for Family HealthCare Network. Approve and direct execution of the joint exercise of powers agreement relating to the California Municipal Finance Authority by the Chairman of the Board, the County Administrative Officer, or any designee of such officers.

(Consent Calendar)

 

 

 

 

 

 

CONSENT CALENDAR (Number 3 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.

 

 

 

Auditor-Controller/Treasurer-Tax Collector/Registrar of Voters

3.                  Approve the rate of taxation of the State and County for Fiscal Year 2007/2008 to be collected upon the taxable property of the County of Tulare, State of California, at the rate of $1 per $100 of assess valuation. Approve that taxes be levied and direct they be collected upon cash $100 valuation of the taxable property of the unitary and operating non-unitary property of the County of Tulare, as computed pursuant to the provision of law. Approve the taxes be levied and direct they be collected upon each $100 valuation of the taxable property of the several school districts of said County, for raising the necessary amount of paying bonds and interest on the bonds and for special purpose of said school districts. Approve that Special District Tax Rates be levied and direct they be collected upon each $100 valuation of the taxable property of the various districts included on the schedule of Special Districts. Approve and accept the statement of the valuation of the property in Tulare County as compiled by the County Auditor-Controller/Treasurer-Tax Collector and filed with this Board. Authorize the Auditor-Controller/Treasurer-Tax Collector to withhold one-fourth of one percent of all collections generated by the debt service tax rates, except school districts debt service tax rates, as partial reimbursements of the County's costs. This fee will begin with new bonds levied in 2007/2008 and forward and will have no effect on prior year bond issues.

4.                  Consolidate the District and Municipal Elections, listed in Appendix A, with the Special Consolidated Election and any other election which may be held within the jurisdiction of said Districts on Tuesday, November 6, 2007. Authorize the election official to perform all necessary and required services to the aforementioned Districts relating to the conduct of the Special District and Municipal Elections. Consent to the consolidation of these elections and the procedures to be used in the conduct of the consolidated election, and said consolidation shall adhere to the following provisions and those set forth in section 10400 and following of the Elections Code. Agree that each individual District shall pay for the Candidate's Statement, unless otherwise indicated in that District's Resolution calling for consolidation, or as modified pursuant to law. Agree that each individual District shall reimburse the County in full for the services performed in connection with these elections, upon presentation of a bill from the election official to the District. Agree that the election official will prepare a certified statement of the results of the election and submit it to each governing body within 28 days of the election. Agree that the elections included in Appendix A are to be consolidated as set forth above.

 

 

5.                  Approve the Treasurer-Tax Collector's Statement of Investment Policy for Fiscal Year 2007/2008. Approve the delegation of authority to the Tulare County Treasurer-Tax Collector to invest and reinvest the funds of Tulare County and funds of other depositors in the County Treasury, pursuant to Chapter 4 Section 53600 Part 1 Division 2 Title 5 of the Government Code.

6.                  Approve the purchase of a new Windows-based Election Database System workstation and equipment in the amount of $12,000 to meet the Secretary of State's new voting equipment conditions. Approve the necessary budget adjustments. (4/5ths vote)

Board of Supervisors

7.                  Cancel the October 23, 2007 meeting for the Board of Supervisors.

Health & Human Services Agency

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

9.                  Authorize the submittal of a grant proposal application to Centers for Disease Control and Prevention in the amount of $150,000 for November 1, 2007 through October 31, 2008 for the Adult Viral Hepatitis Prevention Coordinator Grant.

10.             Ratify and approve an amendment to Agreement No. 21668 with Primer Paso Institute, Inc. retroactive to July 1, 2007 through June 30, 2008 to maximize resources and improve access to women in need of treatment due to substance abuse. 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.

11.             Ratify and approve an amendment to Agreement No. 21565 with Victor Treatment Centers in the amount $127,750, retroactive to July 1, 2007 through June 30, 2008, for the provision of Intensive Day Treatment services (Full Day) and Specialty Mental Health Services to Tulare County Minors. 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.

12.             Ratify and approve an amendment to Agreement No. 20726 with the State Department of Alcohol and Drug Programs, retroactive to July 1, 2007 through June 30, 2008 for combined Drug/Medi-Cal and Net Negotiated Amount funds for the purpose of substance abuse treatment programs. 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.

13.             Ratify and approve the amendment to Agreement No. 22445 with the Department of Health Services, Immunization Branch in the amount of $101,000, retroactive to July 1, 2007 through June 30, 2008 to develop and implement local and/or regional automated immunization information and reminder system in Tulare County. 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 agreement with Health Net of California, Inc. in the amount of $456,568, retroactive to July 1, 2007 through June 30, 2008 to provide and/or arrange for medical, dental, and vision services for the Tulare Healthy Kids 6-18 Program. 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 Moss Beach Homes d.b.a. Aspira Foster & Family Services in the amount of $100,000, retroactive to July 1, 2007 through June 30, 2008 to provide an Intensive Treatment Foster Care Program. 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 Plumlee's Board and Care in the amount of $635,100, retroactive to July 1, 2007 through June 30, 2008 to provide basic living and care services to the mentally disabled. 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.

17.             Ratify and approve an agreement with Owens Valley Career Development Center in the amount of $25,000, retroactive to July 1, 2007 through June 30, 2008 for the Temporary Assistance for Needy Families Program. Services include in-home family assessment, substance abuse assessment, life skills in the home, public health nursing services, alcohol and drug education, pregnancy prevention education, and alcohol and drug outpatient treatment. 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.

18.             Ratify and adopt the Subvention Certificate of Compliance and the Medi-Cal Certificate of Compliance for California Department of Veterans Affairs County Subvention Program, for an annual allocation of state funds (subvention), retroactive to July 1, 2007 through June 30, 2008. Find that the Board had authority to adopt the Certifications of Compliance as of July 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

Human Resources & Development

19.             Accept and approve the recommendation of Human Resources & Development and the Health Plan Advisory Group to offer the following plans and rate changes in Plan Year 2008: Blue Shield $0, $500 and $1,000 deductible PPO plans through the shared-risk model provided by the California State Association of Counties-Excess Insurance Authority with a 9.33 % renewal rate; Kaiser Permanente with a 15.8% renewal rate; Delta Dental, moving from the Delta Premier plan to a Delta DPO plan, resulting in a 7.16% rate reduction and a 24-month rate guarantee; Vision Service Plan, with no rate increase, for a period of three years; Standard Life/AD&D Insurance with no rate increase for a period of 24 months; and Standard Long-Term disability Insurance with a 20.83% rate reduction for 36 months.

 

 

Library

20.             Accept the award of an Early Learning with Families Grant from the California State Library in the amount of $14,300 to bring our adult literacy learners together with their families to help the family establish healthy literacy habits.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

21.             Request from Human Resources & Development to approve the revitalized County Internship Program and authorize the County Administrative Office and Human Resources & Development Department to finalize program development/components, amend related County policies or administrative regulations (No. 20), and implement the program. Authorize the County Administrative Officer to sign individual or master agreements with colleges, universities, business/vocational schools, non-profit agencies, and other entities regarding internship, cooperatives, work experience and/or collaborative programs. Authorize the County Administrative Officer to grant approval for budget adjustments for internship wages, matching program funds, and mentor stipends from departmental salary savings (vacancies) and miscellaneous revenue with Board approval granted through a Delegated Action Report, Mid-Year Budget, or Final Budget adoption. Adopt the job categories (class designations) of interns as follows: Trainee I, Trainee II, Intern, and Apprentice. Approve the hourly compensation of interns as proposed in the Internship Program document and authorize the Human Resources Director to amend the salary commensurate with increases in the State Minimum Wage, plus the percentages shown in the document. Adopt the designation of "Mentor" and authorize County employees in regular, exempt status and Tulare County retirees to serve as Mentors. Approve a Stipend for designated Mentors of $400 for each semester, for a total of $800 in any fiscal year, per mentor. Authorize the CAO and/or the Human Resources Director to approve payment of each stipend. Approve "Transition Points/Preference" for Interns who compete for regular employment by granting 3% to be added to final score at certification and authorize the Human Resources Director to amend the Personnel Rules and implement the preference system.

22.             Request from Health and Human Services Agency to accept the report on the current status of the Emergency Medical Services System in Tulare County from Central California Emergency Medical Services Agency.

23.             Receive a presentation from Health and Human Services Agency regarding an overview of the Functional Group Integrated Plan as part of the overall Tulare County Strategic Business Plan.

24.             Request from Resource Management Agency to approve a two-year extension of time to July 26, 2009 for the Tentative Map for Tract No. 766 dividing 56 acres into 27 residential lots and 3 commercial lots, located on the northwest corner of Avenue 176 (Frazier Valley Drive), and State Highway 190, southwest of Springville.

 

25.             Request from Resource Management Agency to authorize the applicant to file a General Plan Amendment application to change the Land Use Designation of approximately 19.5 acres of the Three Rivers Community Plan area specifying: to change the designation from Multi-Family Residential to Community Commercial on approximately 5.53 acres located on the northern portion of Assessor's Parcel Number (APN) 067-190-018; and to change the eastern 14 acres of APN's 067-190-018 and 067-160-030 from Medium Density Residential and Agricultural/Grazing to Multi-Family Residential. Not allow the request for parcel 067-190-019 due to its Kaweah River Floodway designation.

26.             Public Comments.

27.             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).)

City of Dinuba, et al. vs. County of Tulare et al, California Supreme Court Case Number S143326, California Fifth District Court of Appeal Case Number F046252, Tulare County Superior Court Case Number 03-205854

Next Item(s) Sitting as...

ITEM B

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 C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

(Government Code Section 54956.9(b)(1).)

Significant Exposure to Litigation

Number of Potential Cases: 1

Tract Map No. 776 (Nicholson/Frazier Valley Drive/Highway 190, Springville)

Request for Extension of Time

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

Number of Potential Cases:

Appeal by Mangano Homes RE: PD 07-001 and Tentative Map No 774

Next Item(s) Sitting as...

ITEM E

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...