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


 

November 6, 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. Proclamation honoring Gabe Cano for organizing the Latino Peace Officers Association's statewide convention this year.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

2.                  PUBLIC HEARING: Request from the Resource Management Agency to approve the enlargement of existing Farmland Security Zone No. 1015 and the associated Farmland Security Zone Contract, subject to any conditions and specifications contained in the report - Case No. PSZ 07-001, applicant Derrick and Judith Gray (19.82 acres, southwest of Visalia, APN 152-040-010).

3.                  PUBLIC HEARING: Request from Resource Management Agency to receive an update on the progress of the abatement of the appeal of the decision by the Administrative Hearing Officer for Violation No. B397-052, located at 12997 Avenue 80, Pixley, APN 316-040-014, owned by Albert A., Fredrica M., Audie E., and Morty Remmer. Take any action as appropriate on the continued appeal from September 26, 2006. Waive the $300 filing fee for their appeal.

(Consent Calendar)

CONSENT CALENDAR (Number 4 through 25)

 

 

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

4.                  Select the percentage change in the jurisdiction's assessed valuation which is attributable to non-residential new construction for the Gann Appropriations Limit calculation for Fiscal Year 2007-2008.

Board of Supervisors

5.                  Ratify Proclamation honoring the Porterville Chamber of Commerce on its 100th Anniversary.

6.                  Reappoint Tom Smith to the Visalia Public Cemetery District for a term ending October 20, 2011.

7.                  Appoint Jean Rousseau, County Administrative Officer to the Financial Advisory Committee.

8.                  Appoint Jean Rousseau, County Administrative Officer to the Treasury Oversight Committee.

9.                  Appoint Mike Spata to the Deferred Compensation Committee, County Administrative Officer Designee.

10.             Appoint Lynn Gregory to the Solid Waste Management Technical Advisory Committee, County Administrative Officer Designee.

11.             Appoint George Lemon to the Assessment Appeals Board as District No. 2 Representative for a term ending July 1, 2010.

County Administrative Office

12.             Ratify actions taken by the County Administrative Officer during the month of October 2007.

District Attorney

13.             Accept continued grant funding from the Office of Emergency Services for the Victim/Witness Assistance Program in the amount of $277,455. Approve the Grant Award Agreement and ratify the Chairman's signature, 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. Certify that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

14.             Accept continued grant funding from the Office of Emergency Services for the Special Emphasis Victim Assistance Program in the amount of $110,000, with a county match of $27,500. Approve the Grant Award Agreement and ratify the Chairman's signature, 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. Certify that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

Health & Human Services Agency

15.             Appoint Mae Brixey, a Related Provider to serve on the In-Home Supportive Services Advisory Committee in Seat No. 7 for a term ending June 2008.

16.             Ratify and approve the amendment to Agreement No. 23133 with the State Water Resources Control Board, retroactive to July 1, 2007 through June 30, 2008 for the revision of Exhibit A to change from quarterly reports to annual reports the County submits to the State. 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 amendment to Agreement No. 22423, which is the sub-agreement between Proteus, Inc. and Tulare County Health and Human Services Agency, retroactive to July 1, 2007 through June 30, 2010 to provide prevention services to youth throughout Tulare County aimed at reducing teenage pregnancy. 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 approve an agreement with Primer Paso Institute, Inc. not to exceed $159,520, retroactive to November 13, 2006 through November 30, 2007 for the Offender Treatment Program to help ensure sustained substance abuse recovery for Prop 36 clients who may be at risk of treatment non-compliance or violating their terms of probation. Find that the Board had authority to enter into the proposed agreement as of November 13, 2006 and that it was in the County's best interest to enter into the agreement on that date.

19.             Ratify and approve an agreement with Family Builders Foster Care, Inc. in the amount of $100,000, retroactive to July 1, 2007 through June 30, 2008 to provide Intensive Foster Care Services which can provide more intensive intervention services to address a minor's behavioral issues than a regular Foster Family Agency placement could pay for. 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.

20.             Ratify and approve an agreement with the California Department of Forestry, retroactive to July 1, 2006 through June 30, 2007 for Tulare County Environmental Health to provide testing and permitting of the Mountain Home Demonstration State Forest campgrounds water system. This will allow California Department of Forestry to reconcile payments issued to Tulare County Health & Human Services Agency, Environmental Health in Fiscal Year 2006/2007. Find that the Board had authority to enter into the proposed agreement as of July 1, 2006 and that it was in the County's best interest to enter into the agreement on that date.

21.             Ratify and accept the award of $39,750 from the California Department of Public Health, retroactive to July 1, 2007 through June 30, 2008 to support tuberculosis prevention and control. Find that the Board had authority to accept the award as of July 1, 2007 and that it was in the County's best interest to accept the award on that date.

Human Resources & Development

22.             Approve the registration of an employee organization (union): Service Employee's International Union (SEIU) Local #521 in accordance with the County's Employment Relations Policy. Approve recognition of the consolidation of the Central California Association of Public Employee's (CCAPE) Local #700 and the Service Employee's International Union (SEIU) Local #535, into the Service Employee's International Union (SEIU) Local #521 (to consist of Units 1, 3, 4, 6, and 7).

23.             Approve the allocation and funding for one Human Resources Specialist I/II. Approve the necessary budget adjustments in the amount of $20,000. (4/5ths vote)

Resource Management Agency

24.             Waive the second reading and adopt 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. Certify the Board has reviewed and considered the information contained in the Negative Declaration for the proposed change of zone together with any comments received during the public review process, in compliance with the California Environmental Quality Act and the State Guidelines for the Implementation of the California Environmental Quality Act of 1970 prior to taking action on the change of zone. Find there is no substantial evidence that said change of zone will have a significant effect on the environment and determine that the Negative Declaration reflects the independent judgment of the County and 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 findings for the Change of Zone, as set forth in Planning Commission Resolution No. 8252. Approve the Amendment to the Zoning Regulations Case No. PZ 06-012, as modified by the Planning Commission to AP-SR (Airport Impact-Site Review Combining) Zone. Direct the Clerk of the Board of Supervisors to publish the adopted Ordinance and return the signed Notice of Determination to Resource Management Agency.

25.             Waive the second reading and adopt 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. Certify the Board has reviewed and considered the information contained in the Negative Declaration for the proposed change of zone together with any comments received during the pubic review process, in compliance with the California Environmental Quality Act and the State Guidelines for the Implementation of the California Environmental Quality Act of 1970 prior to taking action on the change of zone. Find there is no substantial evidence that said change of zone will have a significant effect on the environment and determine that the Negative Declaration reflects the independent judgment of the County and 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 findings for the Change of Zone, as set forth in Planning Commission Resolution No. 8246. Approve the Amendment to the Zoning Regulations Case No. PZ 06-002, as modified by the Planning Commission to M-1-SR (Light Manufacturing-Site Plan Review). Direct the Clerk of the Board to publish the adopted Ordinance and return the signed Notice of Determination to Resource Management Agency.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

26.             Request from the District Attorney's Office to authorize the acceptance of federal grant funding from the Office of Community Oriented Policing Services (COPS) for the COPS 2007 Methamphetamine Initiative in the amount of $450,000, retroactive to September 1, 2007. Approve the Grant Award Agreement and ratify the Board Chairman's signature, retroactive to September 1, 2007 through August 30, 2009. Approve the Personnel Resolution increasing the District Attorney's Prosecutor allocation by two (2) Deputy District Attorneys Level I-V. Find that the Board had authority to enter into the proposed agreement as of September 1, 2007 and that it was in the County's best interest to enter into the agreement on that date. Approve the necessary budget adjustments. (4/5th vote)

 

27.             Request from Resource Management Agency to authorize the submittal of Safe Routes to School Grant (Cycle 7) application to the State of California (Caltrans) in the amount of $194,000 to construct sidewalk and install flashing beacons near Monson-Sultana School. Authorize the Chairman of the Board to execute and sign all grant related documents, subject to approval as to form by County Counsel, necessary to secure grant funds and implement the approved grant project.

28.             Public comments.

29.             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

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

Number of Potential cases: 6

Next Item(s) Sitting as...

ITEM B

CONSIDER PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT & CONSIDER PUBLIC EMPLOYEE PERFORMANCE EVALUATION FOR THE POSITION OF:

Details

County Counsel

(Government Code Section 54957)

Next Item(s) Sitting as...

ITEM C

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...