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 REDEVELOPMENT AGENCY

 

 

January 8, 2008

 

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.                  Reorganization of the Board of Supervisors. Selection of the Board Chairman and Vice Chairman for the Year 2008.

2.                  Reception.

)

(Consent Calendar)

 

 

CONSENT CALENDAR (Number 3 through 18)

 

 

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

3.                  Ratify and approve an agreement with the California Department of Food and Agriculture, providing State subvention funding to offset costs of pest detection trapping and scientific evaluation trapping for exotic insect pests 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.

Auditor/Controller

4.                  Request from Registrar of Voters to approve the candidate statement regulations and printing fees for the June 3, 2008 Primary Election, and the November 4, 2008 General Election. Require each candidate filing a statement to pay the estimated cost in advance. The estimated cost will be adjusted to actual upon completion of the election. Candidates will be refunded or billed for the difference. Limit each candidate's statement to no more than 200 words for County Offices and 250 words for State Offices.

Board of Supervisors

5.                  Cancel the following meetings for the Board of Supervisors during 2008:

January 22

 

September 2

February 5

 

November 11

February 19

 

November 25

May 27

 

December 2

July 1

 

December 23

 

County Counsel

6.                  Request from Risk Management to authorize termination of the general liability third party claim administration agreement with Acclamation Insurance Management Services (AIMS). Authorize to deny claims. Confirm the authority to the Risk Manager under Resolution No. 99-0303 to accept, compromise or settle Claims with the following limits: Risk Manager may authorize settlements for less than $25,000; require settlements $25,000 or over, but under $50,000 to be approved by the Risk Manager, County Counsel and the County Administrative Officer; and, settlements $50,000 and over require the approval of the Board of Supervisors. Confirm County Counsel or its designee (Risk Management) may self-administer all general liability claims. Interpret Tulare County Ordinance Code Section 1-03-1290 to mean County Counsel or its designee may retain the necessary vendors to properly evaluate, investigate, defend and settle liability claims. Authorize the Clerk of the Board of Supervisors to continue forwarding claims to Risk Management with a copy to County Counsel and discontinue forwarding claims to AIMS sixty days after approval of this request.

District Attorney

7.                  Authorize the acceptance of continued grant funding from the California Department of Insurance (DOI) for the Automobile Insurance Fraud Prosecution Program in the amount of $138,431 for Fiscal Year 2007/2008. Ratify and approve the Grant Award Agreement and District Attorney Phil Cline's signature on behalf of the Chairman, 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. Find that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body. Approve the necessary budget adjustments. (4/5ths vote)

8.                  Authorize the acceptance of continued grant funding from the California Department of Justice in the amount of $71,456 for the Spousal Abuser Prosecution Program. Ratify and approve the Grant Award Agreement and the Board 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.

Health & Human Services Agency

9.                  Ratify and approve an agreement with Fresno Care & Guidance in the amount of $825,000 to provide stabilization and long-term maintenance for mentally disabled Tulare County clients, 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.

10.             Appoint the following individuals to the Tulare County Child Care Planning Council as follows: Melissa Prado, Consumer/Parent Representative; Mike Gibson, Community Representative; and Lenor Roman, Discretionary/Other Representative.

Human Resources & Development

11.             Approve registration of the Government Lawyer's Association of Workers (GLAW), an employee organization, to represent their members in the following classifications in their employment relations with Tulare County: Attorney, Public Defender/District Attorney I-V and Attorney, Child Support I-V.

Resource Management Agency

12.             Approve a State Program Supplement No. N035 with the State of California Department of Transportation in the amount of $404,000 for cost reimbursement to construct a Compressed Natural Gas Fueling Station Facility at the Tulare County Central Road Yard.

13.             Approve an amendment to Agreement No. 22120 with Tartaglia Engineering, Inc. to extend the term of the agreement through June 30, 2008 for professional engineering and design services for Sequoia Field Airport Improvement Projects. Approve the necessary budget adjustments. (4/5ths vote)

14.             Ratify and approve a 2007/2008 Transit Agreement with the City of Lindsay for providing transit service, 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.

15.             Approve an amendment to Agreement No. 22540 with Valley Small Business Development Corporation to increase funding in the amount of $29,850 for Business Loan funds associated with the County's 2004 Community Development Block Grant, Economic Development Allocation No. 04-EDBG-638.

16.             Ratify and approve the purchase and installation of a fixed asset (truck and installation of the service bed and ladder rack). Approve the necessary budget adjustments. (4/5ths vote)

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS, AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

17.             Authorize Tulare County Redevelopment Agency to file an objection to the sale of specific properties at the Tax Collector's Public Auction of Tax Defaulted Property to be held on March 13, 2008. Authorize Tulare County Redevelopment Agency to purchase or file an option to purchase the specific properties pursuant to the provisions of Division 1, Part 6, Chapter 8 of the California Revenue and Taxation Code and related provisions of law. Authorize the Executive Director of Tulare County Redevelopment Agency, or authorized designee, to act on behalf of the Agency to execute in the name of Tulare County Redevelopment Agency a cover letter objecting to the sale of the parcels at public auction, purchase application, agreement to purchase tax-defaulted property, public purpose statement, subject to County Counsel approval as to form and any and all other documents or instruments necessary or required by the Tulare County Treasurer/Tax Collector and State Controller's office.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY, AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

Sheriff/Coroner

18.             Accept a $234,645 grant from the California Office of Homeland Security for a bomb-disposal robot. Approve the direct, fixed asset purchase of a bomb-disposal robot in the amount of $234,645. Authorize the Purchasing Agent to waive the standard bidding process and purchase directly from Remotec, Inc. Approve the necessary budget adjustments. (4/5ths vote)

(Items Not Timed)

 

 

 

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

19.             Request from Resource Management Agency to allow Robert Jackson to file an application for a General Plan Amendment consisting of an expansion and update of the Traver Community Plan pursuant to the procedures outlined in the report and in keeping with the recommended conditions. In addition, once the above conditions are met it is recommended that your Board direct Resource Management Agency to not accept any future General Plan Initiation (GPI) applications within the planning study area boundary until the Traver Community Plan update is complete.

20.             Request from Resource Management Agency to adopt, pursuant to Government Code Section 65858, as an urgency measure, an Interim Zoning Ordinance prohibiting the establishment of Medical Marijuana Dispensaries for an interim period of time in the unincorporated areas of the County of Tulare. Set a public hearing for February 12, 2008 at 1:30 p.m. Direct the Clerk of the Board to notice such hearing in accordance with Government Code Section 65858, in order to consider this ordinance and a proposed extension thereof prior to the expiration of this ordinance in forty-five days.

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

Significant Exposure to Litigation Pursuant to Government Code Section 54956.9 (B)(1).)

Number of Potential Cases: 1

Proposed Interim Zoning Ordinance prohibiting Medical Marijuana Dispensaries for an interim period of time in the unincorporated areas of Tulare County (Board of Supervisors January 8, 2008, Agenda item.)

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ITEM B

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

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