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


October 30, 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 Pena's Disposal regarding their new Liquified Natural Gas waste hauling truck.

2.                  9:15 a.m. Presentation given by the County Librarian regarding the Tulare County Library Jail House Rocks Adult Literacy Program - Proliteracy America Award. Accept funding in the amount of $1,770 ($1,270 award and a $500 certificate for books.) Approve the necessary budget adjustments. (4/5ths vote)


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

3.                  PUBLIC HEARING: Request from Resource Management Agency to introduce and waive the first reading of an Ordinance amending Paragraph B of Section 3 of Ordinance No. 352, Tulare County Zoning Ordinance for consideration of a Change of Zone No. PZ 06-002, from AE-20 (Exclusive Agricultural-20 acre minimum) Zone to M-2 (Heavy Manufacturing) Zone on a 1.6-acre site located on the west side of Orange Belt Drive (North Main Street) approximately 450 feet north of Linda Vista Avenue, north of Porterville. Waive second reading and adopt on November 6, 2007.

4.                  PUBLIC HEARING: Request from Resource Management Agency to introduce and waive the reading of an Ordinance amending Paragraph B, Section 3 of Ordinance No. 352 of the Tulare County Zoning Ordinance for consideration of Change of Zone No. PZ 06-012, from C-2 (General Commercial) Zone to AP (Airport Impact) Zone on a 1.4-acre site located on the east side of State Highway 99 on Road 68 / Commercial Road between Avenue 307 and Avenue 305 in Goshen. Waive second reading and adopt on November 6, 2007.

5.                  PUBLIC HEARING: Request from the Resource Management Agency to approve the establishment of four (4) new Agricultural Preserves and one (1) enlargement of an existing Agricultural Preserve, subject to any conditions and specifications contained in the reports.

PAP 07-001 - Costa, Joe and Sharon (39.41 acres, west of Tulare; APN 158-090-004)

PAP 07-002 - Ed Brower Dairy (3.60 acres, northwest of Lindsay; portion of APN 197-030-018) Enlarge Ag Preserve No. 4051

PAP 07-003 - Macklin, Kenneth and Kathleen (25 acres, north of Visalia; APN 051-150-084)

PAP 07-004 - Walkabout Ranch (1,034.95 acres, south of Three Rivers; APN 114-080-065)

PAP 07-005 - Jones, Danny and Candice (39.63 acres, south-west of Kingsburg; APNs 042-030-025 and 042-030-026)

(Consent Calendar)


CONSENT CALENDAR (Number 6 through 33)

 

 

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.                  Ratify and approve an Agreement with the California Department of Food and Agriculture, for the purpose of enforcement of the California cotton plowdown regulations, effective December 1, 2007 through March 31, 2008. Authorize the Chairman to sign the Contractor Certification Clauses.

7.                  Ratify and approve an Agreement with the California Department of Food and Agriculture, for the purpose of enforcement of the Statewide Federal Order pertaining to Sudden Oak Death, 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. Authorize the Chairman to sign the Contractor Certification Clauses.

8.                  Ratify and approve an Agreement with the California Department of Food and Agriculture, for the purpose of enforcement of the California Nursery Stock Law, 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. Authorize the Chairman to sign the Contractor Certification Clauses.

Auditor/Controller

9.                  Authorize sale of tax-defaulted properties at public auction, subject to the Power of Sale according to Chapter 7 of Part 6 of Division 1 of the California Revenue and Taxation Code. Further, that any parcel that does not sell may be re-offered at the end of the auction at a lower minimum bid amount (3698.5 (c) and 3692 (e)).

10.             Ratify and approve an agreement with the Secretary of State for Federal Help America Vote Act (HAVA) Funds, retroactive to October 15, 2007 through December 31, 2010. Find that the Board had authority to enter into the proposed agreement as of October 15, 2007 and that it was in the County's best interest to enter into the agreement on that date.

Board of Supervisors

11.             Ratify Proclamation honoring Chuck Negron for donating his time to encourage the Tulare County Drug Court graduates and recognize their achievements.

12.             Ratify Proclamation declaring October 25, 2007 as Disability Awareness Day.

Child Support Services

13.             Approve the fixed asset purchase of an additional Computer Network Blade not to exceed $6,500, to upgrade capacity to address the anticipated demands that will be part of the state mandated conversion project. Approve necessary budget adjustments. (4/5ths vote)

County Administrative Office

14.             Approve an amendment to Agreement No. 22970 between the County of Tulare and Jay Powell for Conflict Defender Services.

District Attorney

15.             Approve the fixed asset for purchase of special equipment. Approve the necessary budget adjustments. (4/5th vote)

Fire Department

16.             Accept a grant for $60,000 from the United States Department of Agriculture to purchase a Fire Patrol Vehicle (Mini Pump). Approve the necessary budget adjustments. (4/5ths vote)

Health & Human Services Agency

17.             Ratify and approve an agreement with the Department of Health Services (DHS), Office of AIDS, to receive Ryan White, Title II funds, to help increase the availability of primary health care and support services to people living with HIV in order to reduce utilization of more costly inpatient care, increase access to care for underserved populations, and improve the quality of life for those affected by the epidemic, retroactive to April 1, 2007 through March 31, 2010. Find that the Board had authority to enter into the proposed agreement as of April 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

18.             Authorize submittal of Certificate for State Financial Assistance to the California Department of Public Health by Tulare County Health and Human Services Agency (HHSA) to receive State Public Health Subvention Funds in the amount of $9,030 and authorize the Tulare County Health Officer to sign the Certificate for State Financial Assistance as required by the California Department of Public Health.

19.             Approve the establishment of a fixed asset line for the purchase of video teleconferencing and network server equipment in the amount of $150,000; for the purchase of improvements to the current Mental Health computer system by implementing an electronic health records system, an enhanced client scheduling system, and improvements for data collection as required by the Mental Health Services Act (MHSA) for Full Service Partnership (FSP) consumers. Approve the necessary budget adjustments. (4/5ths vote required).

20.             Ratify and approve the agreement with San Joaquin Valley College for a clinical training program for students enrolled in licensed vocational nursing classes, retroactive to October 1, 2007 through September 30, 2012. Find that the Board had authority to enter into the proposed agreement as of October 1, 2007 and that it was in the County's best interest to enter into the agreement on that date.

21.             Approve and award the contract to Moss Beach Homes, d.b.a. Aspira in the amount of $160,000 for the start up and delivery of pre and post adoption services that may be designed to encourage more adoptions out of the foster care system and support families with existing adoptions.

22.             Ratify and approve an amendment to Agreement No. 22015 with Fresno Community Hospital and Medical Center, d.b.a. Community Behavioral Health Center in the amount of $500,000, retroactive to July 1, 2007 for the provision of medically necessary short term inpatient care, mental health rehabilitation, special treatment services, and crisis stabilization to Tulare County residents. 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.

23.             Waive the second reading and adopt an Ordinance that repeals Ordinance Code Section 1-21-1005 of Chapter 21 of Part 1 of the Ordinance Code and adds Section 1-21-1005 of Chapter 21 of Part 1 of the Ordinance Code pertaining to Animal Control Officers; and repeals and adds various sections of Chapter 7 of Part IV of the Ordinance Code pertaining to the control of Animals, and direct the Clerk of the Board to publish the Summary Ordinance.

Human Resources & Development

24.             Approve an across-the-board cost of living salary adjustment for all Unrepresented classifications in the amount of 4%, including elected and appointed Department Heads. The elected Department Head's pay period increase shall be effective one pay period earlier (December 9, 2007) based on past practice and policy that elected department heads do not receive vacation or sick leave benefits. Increase the flat rate portion of the Benefit amount by $450 for Unrepresented classifications, (except for Fire Bargaining Unit 23 classifications), who participate in the Tulare County Health Benefits programs. Eliminate the Administrative Fee charged per pay period ($4.00) through Benefit deductions, and also reduce the annual Benefit amount received by Unrepresented classifications by $100 per year, effective December 23, 2007. Adjust the time period for employees receiving the annual Benefit Amount and for the deduction for insurance premium costs from a 26 pay period cycle to be spread over a 24 pay period cycle. Implement a freeze of the Benefit Amount for unrepresented employees who waive County insurance for 2008, to be frozen at the value on November 1, 2007. Approve changing the Benefit eligibility period for new employees to begin no sooner than the first day of the month following thirty (30) calendar days of employment with Tulare County, effective November 11, 2007.

25.             Adopt the proposed Salary Bands for specified Job Classifications, effective October 28, 2007. Authorize the County Administrative Office and Human Resources & Development Department to assign by job code and job classification incumbents (County Department Heads/Agency Directors and Managers) to the designated Salary Band, using their current salary amount. Amend Administrative Regulation No. 32, "Salary Bands", to reflect policy changes.

26.             Adopt the classification of Director of Staff Services in Salary Band 4. Allocate one (1) full time position to the County Assessor/Clerk-Recorder's Office.

Resource Management Agency

27.             Approve a Memorandum of Understanding between the County of Tulare Resource Management Agency and the City of Tulare for joint participation in Administrative Hearing Officer duties for both jurisdictions. Authorize the Chairman to sign the Memorandum of Understanding on behalf of the Board of Supervisors.

28.             Deny a refund of the balance of the filing fees for Special Use Permit No. PSP 07-081 (AA) in the amount of $442.83.

29.             Approve the conflict of interest code as adopted by the Tulare County Transportation Authority at its August 20, 2007 meeting.

30.             Approve a new Lease Agreement between the County of Tulare for the Health & Human Services Agency and Guillon Inc. to: Segregate the areas leased by the Department of Child Support Services and the Health & Human Services Agency into separate agreements, and provide for certain alterations and deferred maintenance needed by Health and Human Services.

31.             Approve the amendment to Lease Agreement No. 16693 between County of Tulare for the Department of Child Support Services and Guillon Inc. to: Segregate the areas leased by Department of Child Support Services and the Health & Human Services Agency into separate agreements; Provide for certain alterations and deferred maintenance needed by Department of Child Support Services; Increase the amount of rent paid; Extend the term of the agreement; Allocate overflow parking stalls on Guillon Inc.'s adjacent property for use by Department of Child Support Services, and Provide for the annual prepayment of rents, all at 8040 Doe Avenue in Visalia.

Superior Court

32.             Approve and authorize the Board of Supervisors to proclaim Court Adoption and Permanency Month this year from November 1 through November 30, 2007 in Tulare County.

Workforce Investment Board

33.             Approve the Tulare County Workforce Investment Board, Inc's Workforce Investment Act Local Plan Modification for Plan Year 2007-2008.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

34.             Request from Resource Management Agency to approve the Job Order Contracting bid documents including the contract General Conditions, Technical Specifications, and the Construction Task Catalog. Authorize the advertisement for bids for Job Order Contracting construction services. Establish the bid opening for the contract at 2:00 p.m. on November 29, 2007.

35.             Request from Resource Management Agency to provide the Board of Supervisors an update on the Bob Wiley Detention Facility Energy Project.

36.             Request from County Administrative Office to reaffirm vote for participation in the Community Choice Aggregation program.

37.             Public Comments.

38.             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 vs. Judicial Council of California, et al

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 (Real Parties in Interest Kaweah River Rock Company and Hannah Ranch Trust). Tulare County Superior Court Case Number 05-215123

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential cases:

Consideration of Change of Zone Number PZ 06-012

Next Item(s) Sitting as...

 

ITEM D

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential cases:

Change of Zone Number PZ 06-002 from AE-20 to M-2

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:

Refund of Filing Fees for Special Use Permit PSP 07-081 (AA)

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

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: 6

Next Item(s) Sitting as...

ITEM H

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential cases: 3

ACS/Restrictions Re: Hiring

Next Item(s) Sitting as...

ITEM I

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...