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

 

 

 

 

JEAN ROUSSEAU

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 TULARE COUNTY FLOOD CONTROL DISTRICT

 

October 2, 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 waive the second reading and adopt the Ordinance amending Tulare County Zoning Ordinance No. 352 pertaining to radio, microwave and television towers. Direct the Clerk of the Board to publish the Ordinance within five (5) days and to post a certified copy of the complete Ordinance within fifteen (15) days as required.

(Consent Calendar)

CONSENT CALENDAR (Number 2 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.

 

 

 

Board of Supervisors

2.                  Appoint Betty McKinstry to the Library Advisory Board, At-Large Member for a term ending December 31, 2008.

3.                  Appoint Dr. Christine A. Nelson to First 5 Tulare County, Community Member to serve at the pleasure of the Board.

4.                  Ratify Proclamation honoring The Creative Center on the occasion of its 30th Anniversary.

5.                  Ratify Proclamation honoring Hugh Macklin for his Decades of Service to the Agriculture Industry.

County Counsel

6.                  Authorize the Issuance and Sale of 2007 Grant Anticipation Notes in the name of the Exeter Union High School District. Approve in form the 2007 Grant Anticipation Note.

Human Resources & Development

7.                  Adopt Section 31469.4 of the California Government Code to recognize represented and unrepresented Probation Department classifications as "safety members" for retirement purposes. Recognize the following classifications as safety members: Probation Officer I/II/III, Probation Correctional Officer I/II/III, Probation Institution Supervisor, Probation Officer-Supervisor, Probation Division Manager, Assistant Chief Probation Officer, and Chief Probation Officer.

8.                  Ratify and approve the Side Letters which deleted the Administrative Fee and reduces the Benefit Amount for the following employee organizations: Central California Association of Public Employees (CCAPE); Tulare County District Attorney Investigators Association (TCDAIA); Professional Association Tulare County Physicians (PATCOP); District Attorney Criminal Investigators Association Tulare County (DACIATC); Service Employees International Union (SEIU); and the United Automobile, Agricultural and Aerospace Workers (UAW), effective the pay period commencing on December 23, 2007. Find that the Board had authority to enter into the proposed agreements as of the corresponding dates per the Side Letters and that it was in the County's best interest to enter into the agreements on such dates.

Probation

9.                  Accept grant funding in the amount of $149,994 from the United States Department of Justice, Bureau of Justice Assistance for the Gang Resistance Education and Training Program.

Resource Management Agency

10.             Accept the work for the construction of Reservation Road Safety Improvements as complete by Mitch Brown Construction of Porterville, California. Authorize the Chairman to sign the Notice of Completion. Direct the Clerk of the Board to have the Notice of Completion recorded.

11.             Approve an agreement with the Lewis Creek Water District and Styrotek, Inc., for the transfer and conveyance of Class I Water. Authorize the Resource Management Agency and Dennis R. Keller to take necessary actions to comply with the provisions of the Agreements.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY FLOOD CONTROL DISTRICT

12.             Ratify and approve the Tule River Improvement Joint Powers Project Agreement for the Success Dam Seismic Remediation Project for the period of July 1, 2007 through June 30, 2010. Find that the Board has the authority to enter into the proposed agreement as of June 30, 2007 and that it is in the County's best interest to enter into the agreement on that date.

13.             Approve the Joint Funding Agreement with the United States Geological Survey for water resources investigations for the operation and maintenance of stream gauging stations at Deer Creek near Fountain Springs and Lewis Creek near Lindsay during the period November 1, 2007 to October 31, 2008.

ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

 

 

Sheriff/Coroner

14.             Accept additional funding in the amount of $50,000 from the United States Department of Justice, Drug Enforcement administration for marijuana eradication. Ratify and approve an amendment to Agreement No. 23215 with United States Department of Justice, Drug Enforcement Administration for the additional funding, retroactive to January 1, 2007 through December 31, 2007. Find that the Board had authority to enter into the Agreement as the subsequent amendment to 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.

15.             Accept the Edward Byrne Memorial Justice Assistance grant funding in the amount of $163,037 from the U.S. Bureau of Justice to pay for the services of a countywide Gang Prevention Specialist and a Deputy based at Charter Alternative Academy/Packwood as a School Resource Officer.

16.             Accept grant funding in the amount of $400,000 from the Office on Violence Against Women, U.S. Department of Justice. Approve a Personnel Resolution regarding the SAFE Domestic Violence Program amending the Fiscal Year 2007/2008 position allocation for the Sheriff's Department, adding one (1) Detective, and amending the position allocation for the Probation Department, adding one (1) Probation Officer II. Approve the necessary budget adjustments. (4/5ths vote)

17.             Ratify and approve an amendment to Agreement No. 18394 with Canteen of Fresno, Inc. for commissary services, retroactive to July 1, 2007 through June 30, 2008. Find that the Board had authority to enter into the Amendment to 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 amendment to Agreement No. 22057 with the State of California, Department of Corrections and Rehabilitation for an additional 50 beds a day, bringing the daily total to a maximum of 100 beds per day to house State inmates at the Adult Pre-Trial Facility. Approve the necessary budget adjustments. (4/5ths vote)

Workforce Investment Board

19.             Appoint William DeLain as Chair to the Tulare County Workforce Investment Board, Inc. Board of Directors for a term ending November 14, 2008.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

20.             Request from Human Resources & Development to approve the Tulare County Employee Discounts Program & Policy and create Administrative Regulation No. XX. Direct the Human Resources & Development Department to finalize program development/components, amend related County policies if needed, and implement the program. Authorize the Human Resources Director to sign individual agreements with participating businesses and vendors (if required by the firm) for employee discounts, offers, and opportunities consistent with the program guidelines.

 

21.             Public Comments.

22.             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 - ANTICIPATED LITIGATION

Details

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

Significant Exposure to Litigation

Number of Potential Cases: 3

ACS/ Restrictions Re: Hiring

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: 6

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

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Tim Huntley, Jean Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected

Next Item(s) Sitting as...