(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)
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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.
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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)
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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
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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...
