(Public Comment Period)
1.
9:00
a.m. Presentation of Plaque to Margaret
Johnston for her 39 years of service to the County of Tulare.
2.
9:00
a.m. Presentation by Health and Human
Services Agency regarding "Technology for Better Service".
9:30 A.M. – TIMED ITEMS
(Timed Items)
3.
PUBLIC
HEARING: Request from Resource Management Agency to deny the
appeal filed by Rodney and Nancy Goertzen, Don and Carol Serpa, Batazar and
Beverly Burgos, Larry and Janet McLaughlin, Ken and Hazel Bancroft, Ronn and
Charlotte Couillard, Michael Estrada, John and Barbara Hull and Don Nepinsky,
and uphold the decision granted by the Zoning Administrator approving a
modified Special Use Permit PSP 07-153 (ZA) for a third residence on the
property located at 33003 Road 132 on the east side of Road 132, approximately
0.25 miles north of Avenue 328, north of the City of Visalia.
(Consent Calendar)
CONSENT CALENDAR (Number 4 through 48)
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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.
|
Agricultural Commissioner/Sealer
4.
Ratify
and approve an agreement with the California Department of Food and Agriculture
for providing services in support of the eradication of Japanese Dodder within
the County of Tulare, retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter
into the proposed agreement as of July 1, 2008 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 Form.
5.
Ratify
and approve an agreement with the California Department of Food and Agriculture
for disbursement of funds to the County for costs incurred in the enforcement
of the California Organic Foods Act, retroactive to July 1, 2008 through June
30, 2009. Find that the Board had
authority to enter into the proposed agreement as of July 1, 2008 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 Form.
Auditor-Controller/Treasurer-Tax Collector/Registrar of
Voters
6.
Approve
the Treasurer-Tax Collector's recommendation to designate Union Bank of
California located at 2001 Saturn Street, in Monterey Park, California
("Lockbox") as an additional location for processing tax payments
mailed to the County. Order that tax
payments may be collected at the Lockbox post office box. Approve an amendment to Agreement No. 21833
with Union Bank of California to extend the term of the agreement to November
30, 2013 for providing banking services to Tulare County.
7.
Introduce
and waive the first reading of an ordinance amending sections 1-05-1350,
1-05-1355, 1-05-1360, 1-05-1365, 1-05-1375, 1-05-1380, 1-05-1385, 1-05-1410,
1-05-1420, 1-05-1425, 1-05-1430, 1-05-1435, 1-05-1440, 1-05-1445, and 1-05-1450
of Part I, Chapter 5, Article 11 of the Tulare County Ordinance Code,
pertaining to the addition of an exemption for government personnel on official
business, clarifying the recordkeeping responsibilities of operators, revising
enforcement and collection process, authorizing subpoena of records, clarifying
the deficiency determination process, and broadening misdemeanor
liability. Direct the Clerk of the Board
to publish the ordinance summary and post a full copy of the proposed ordinance
in the Office of the Clerk of the Board.
Board of Supervisors
8.
Ratify
a Proclamation recognizing the Grand Opening of the Harmony Charter Academy.
9.
Appoint
Marlene Sario to fill a District 2 Seat on the Youth Commission for a term
ending June 24, 2011.
10.
Approve
and sign a letter of support for Assembly Bill 2065 by Assembly Member Loni
Hancock, which would require any person, federal, state or local agency to
develop and implement a program designed to prevent the introduction of
invasive mussels.
11.
Approve
and sign a letter of opposition to Assembly Bill 2175, by Assemblyman John
Laird, which would require agricultural water suppliers to implement water use
efficiency best management practices by December 31, 2012.
County Counsel
12.
Introduce
and waive the first reading of an ordinance amending Sections 1-03-1170,
1-03-1180, 1-03-1185,1-03-1195, 1-03-1215 and 1-03-1225 of Article 5 of Chapter
3 of Part 1 of the Ordinance Code, pertaining to the Assessment Appeals
Board. Direct the Clerk of the Board to
publish and post a summary of the ordinance before the second reading as
required by law.
County Administrative Office
13.
Approve
the Main Jail FM 200 Fire Suppression System as a Job Order Contract in the
amount of $133,339.30. Authorize the
Purchasing Agent to execute all necessary documents.
Health & Human Services Agency
14.
Reaffirm
declaration of state of emergency in the Tulare County Drought Resolution No.
2008-0472 adopted June 24, 2008.
15.
Ratify
and approve an agreement with Porterville Unified School District for Tulare
County Health and Human Services Agency, as the Local Government Agency, to act
as the claims processing agent of Medi-Cal Administrative Activities claims on
behalf of their school district, retroactive to July 1, 2008 through June 30,
2010. Find that the Board had authority
to enter into the proposed agreement as of July 1, 2008 and that it was in the
County's best interest to enter into the agreement on that date.
16.
Ratify
and approve an agreement with College of The Sequoias for Tulare County Health
and Human Services Agency, as the Local Government Agency, to act as the claims
processing agent of Medi-Cal Administrative Activities claims on behalf of
their school district, retroactive to July 1, 2008 through June 30, 2010. Find that the Board had authority to enter
into the proposed agreement as of July 1, 2008 and that it was in the County's
best interest to enter into the agreement on that date.
17.
Ratify
and approve an agreement with Traver Joint Elementary School District for
Tulare County Health and Human Services Agency, as the Local Government Agency,
to act as the claims processing agent of Medi-Cal Administrative Activities
claims on behalf of their school district, retroactive to July 1, 2008 through
June 30, 2010. Find that the Board had
authority to enter into the proposed agreement as of July 1, 2008 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 Parenting Network for Tulare County Health and
Human Services Agency, as the Local Government Agency, to act as the claims
processing agent of Medi-Cal Administrative Activities claims on behalf of
their district, retroactive to July 1, 2008 through June 30, 2010. Find that the Board had authority to enter
into the proposed agreement as of July 1, 2008 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 Pixley Union School District for Tulare County
Health and Human Services Agency, as the Local Government Agency, to act as the
claims processing agent of Medi-Cal Administrative Activities claims on behalf
of their school district, retroactive to July 1, 2008 through June 30,
2010. Find that the Board had authority
to enter into the proposed agreement as of July 1, 2008 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 Monson-Sultana Joint Elementary School District
for Tulare County Health and Human Services Agency, as the Local Government
Agency, to act as the claims processing agent of Medi-Cal Administrative
Activities claims on behalf of their school district, retroactive to July 1,
2008 through June 30, 2010. Find that
the Board had authority to enter into the proposed agreement as of July 1, 2008
and that it was in the County's best interest to enter into the agreement on
that date.
21.
Ratify
and approve an agreement with Tulare County Superintendent of Schools for
Tulare County Health and Human Services Agency, as the Local Government Agency,
to act as the claims processing agent of Medi-Cal Administrative Activities
claims on behalf of their district, retroactive to July 1, 2008 through June
30, 2010. Find that the Board had
authority to enter into the proposed agreement as of July 1, 2008 and that it
was in the County's best interest to enter into the agreement on that date.
22.
Ratify
and approve an agreement with Woodlake Family Resource Center for Tulare County
Health and Human Services Agency, as the Local Government Agency, to act as the
claims processing agent of Medi-Cal Administrative Activities claims on behalf
of their district, retroactive to July 1, 2008 through June 30, 2010. Find that the Board had authority to enter
into the proposed agreement as of July 1, 2008 and that it was in the County's
best interest to enter into the agreement on that date.
23.
Ratify
and approve an agreement with Burton Elementary School District for Tulare
County Health and Human Services Agency, as the Local Government Agency, to act
as the claims processing agent of Medi-Cal Administrative Activities claims on
behalf of their school district, retroactive to July 1, 2008 through June 30,
2010. Find that the Board had authority
to enter into the proposed agreement as of July 1, 2008 and that it was in the
County's best interest to enter into the agreement on that date.
24.
Ratify
and approve an agreement with Tulare City School District for Tulare County
Health and Human Services Agency, as the Local Government Agency, to act as the
claims processing agent of Medi-Cal Administrative Activities claims on behalf
of their school district, retroactive to July 1, 2008 through June 30,
2010. Find that the Board had authority
to enter into the proposed agreement as of July 1, 2008 and that it was in the
County's best interest to enter into the agreement on that date.
25.
Appoint
Diane Brown, RN, PHN, Supervising Nurse, as Tulare County's representative
member to the Central Valley Immunization Registry Commission.
26.
Ratify
and approve an agreement with the State Department of Mental Health for the
mandated County Performance Contract to ensure that mental health services are
delivered, retroactive to July 1, 2007 through June 30, 2010. 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.
27.
Approve
changes to the Tulare County Health and Human Services Agency Fiscal Year
2008/2009 budget, to increase the Women, Infants, and Children (WIC) budget by
$292,792 from $4,103,399 to $4,396,191.
Approve the necessary budget adjustments per the attached AUD 308
(4/5ths vote).
28.
Approve
an agreement with California State University, Fresno for an Internship
Training Program to allow students to enroll in an intern training program with
the Tulare County Health and Human Services Agency, Public Guardian Office
through April 30, 2013.
29.
Ratify
and approve an amendment to Agreement No. 21708 with Tulare Youth Services
Bureau, Inc. to provide mental health services to Tulare County adolescents and
children, retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter
into the proposed agreement as of July 1, 2008 and that it was in the County's
best interest to enter into the agreement on that date.
30.
Ratify
and approve an amendment to Agreement No. 19959 with Kaweah Delta Health Care
District for the provision of mental health services from Kaweah Delta Mental
Health Hospital and to increase the all-inclusive rate per patient day for
acute psychiatric inpatient hospital services, retroactive to July 1,
2007. 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.
31.
Approve
the receipt of $148,518 in grant funds provided by the Blue Shield of
California Foundation, for the Premium Subsidies for the Healthy Kids 6-18
grant. Ratify and approve an agreement
with Blue Shield of California Foundation, retroactive to June 1, 2008 through
April 1, 2009. Find that the Board had
authority to enter into the proposed agreement as of June 1, 2008 and that it
was in the County's best interest to enter into the agreement on that date.
Human Resources & Development
32.
Ratify
and approve the Memorandum of Understanding between the County of Tulare and
the District Attorney Criminal Investigators Association (Bargaining Unit #22),
retroactive to July 1, 2008 through June 30, 2009. Find that the Board had authority to enter
into the proposed agreement as of July 1, 2008 and that it was in the County's
best interest to enter into the agreement on that date.
33.
Adopt
new job classifications and salary grades as proposed for positions within the
Information Technology Department as follows:
|
Class
Title
|
Salary
Grade
|
|
Information Technology Business
Analyst I, II, III
|
307, 308, 310
|
|
Information Technology Computer
Operator I, II
|
302, 189
|
|
Information Technology Database
Administrator I, II
|
313, 322
|
|
Information Technology Data Center Administrator
|
227
|
|
Information Technology Deputy
Director
|
Band 5
|
|
Information Technology Desktop
Technician I, II, III
|
303, 305, 306
|
|
Information Technology
Documentation Specialist I, II, III
|
307, 308, 309
|
|
Information Technology Logistics
Planner I, II, III
|
301, 287, 238
|
|
Information Technology Logistics
Technician I, II
|
162, 179
|
|
Information Technology Network
Administrator I,II, III
|
312, 313, 318
|
|
Information Technology Project
Lead
|
310
|
|
Information Technology Security
Administrator I, II
|
312, 313
|
|
Information Technology Server
Administrator I, II, III
|
311, 227, 243
|
|
Information Technology Senior
Systems Programmer
|
772
|
|
Information Technology Systems
& Procedures Analyst I, II
|
287, 227
|
|
Information Technology Manager
(update to spec)
|
|
Information Technology
34.
Approve
the expansion of the Tulare County Document Imaging System through the purchase
of additional software licenses, services and training from Questys Solutions
for the estimated one-time price of $90,000, funded by the State through an
approved Statewide Automated Welfare System Advanced Planning Document. Approve the purchase of additional hardware
and operating system software to support the expanded document imaging system
and improve the reliability and performance of the existing system at the
estimated price of $60,000 to be funded by the State through an approved
Statewide Automated Welfare System Advanced Planning Document.
35.
Approve
the Memorandum of Understanding between the California Department of Motor
Vehicles and Tulare County to provide the connectivity to the State of
California Department of Motor Vehicles data for use by Tulare County
departments for accessing records to locate individuals owing monies that
Tulare County is responsible for collecting.
36.
Ratify
and approve the annual renewal of our licenses with IBM for the operating
system on the mainframe running our Property Information Management System in
the amount of $215,000 retroactive to July 1, 2008 through June 30, 2009. Find that the Board had the authority to
enter into the proposed license renewal with IBM as of July 1, 2008 and that it
was in the County's best interest to enter into the license renewal on that
date.
Resource Management Agency
37.
Allow
PZI 08-002 to proceed as a change of zone from Exclusive Agriculture - 10 acre
minimum (AE-10) Zone to Light Manufacturing (M-1) Zone located on the
northeastern corner of intersection Avenue 96 and Road 256 east of the
Community of Terra Bella.
38.
Introduce
and waive the first reading of an amendment to Ordinance No. 352 of the Tulare
County Zoning Ordinance for Change of Zone No. PZ 08-007, from C-2-SR (General
Commercial - Site Review Combining) to R-1 (Single Family Residential), on an
8.55 acre portion of a 47.79 acre parcel, located approximately 630 feet north
of Compton Avenue, between Airport Street (Road 120) and Ash Street, in the
Community of Pixley. Set a Public
Hearing for September 9, 2008 at 9:30 a.m.
39.
Introduce
and waive the first reading of an amendment to Ordinance No. 352 of the Tulare County
Zoning Ordinance for Change of Zone No. PZ 07-013, from R-A-217 (Rural
Residential 217,000 sq. ft. minimum) to M-1-SR (Light Manufacturing-Site Review
Combining), on 2.16 acres of a 10.52 acre site, located at 81 East Gibbons
Avenue, at the southeast corner of South Main Street and Gibbons Avenue (Avenue
138), south of Porterville. Set a Public
Hearing for September 9, 2008 at 9:30 a.m.
40.
Approve
and award a contract to the lowest responsive and responsible bidder, W. Jaxon
Baker, Inc., of Redding, CA, in the amount of $2,592,353.70 for construction of
Rubberized Asphalt Concrete Overlay on Avenue 256 & Asphalt Concrete
Overlay on Road 168. Authorize the
Chairman to sign the contract after review and approval as to form by County
Counsel and upon receipt of certificates of insurance, bonds and evidence that
the contractor possesses a valid State Contractor's license. Allow funds for a contingency in the amount
of $259,000 (10%) to cover unexpected construction conditions.
41.
Initiate
proceedings to form Assessment District No. 08-799R-POPLAR to pay for the
continuing cost of maintenance of the public streets and roadways within
Subdivision Tract No. 799 located in the Community of Poplar. Designate the County Engineer as the Engineer
for the purpose of these proceedings.
Direct the County Engineer to prepare and file a report with the Clerk
of the Board.
42.
Initiate
proceedings to form Assessment District No. 08-799-POPLAR to pay for the
continuing cost of maintaining the storm drainage system improvements located
within Subdivision Tract No. 799 in the Community of Poplar. Designate the County Engineer as the Engineer
for the purpose of these proceedings.
Direct the County Engineer to prepare and file a report with the Clerk
of the Board.
43.
Declare
intent to vacate that portion of Avenue 332 being the south 20 feet of the
northwest quarter of Section 1, Township 18 South, Range 26 East lying east of
the Friant-Kern Canal, excepting the easterly 20 feet. Set a public hearing for September 23, 2008
at 9:30 A.M. or thereafter, in the Board of Supervisors Chambers, 2800 W.
Burrel Avenue, Visalia to consider the intent to vacate the aforementioned
portion of Avenue 332. Direct the
Resource Management Agency to publish the notice of public hearing in
accordance with the Streets and Highways Code.
44.
Allow
PZI 08-003 to proceed as a change of zone on Assessor's Parcel Numbers
119-130-021, 119-140-077 and 119-140-078 from Exclusive Agriculture - 40 acre
minimum (AE-40) Zone to Exclusive Agriculture - 20 acre minimum (AE-20)
Zone. The subject parcels are located
approximately one mile southwest of the City of Visalia on the south side of
Avenue 272 directly east and adjacent to State Highway 99.
45.
Approve
a lease-purchase agreement with Union Bank of California effective August 26,
2008 for a period of 60 months for replacement of a Micropress system. Authorize the Chairman to sign the Acceptance
Certificate with Union Bank of California.
Approve an agreement with Stanton Office Machines effective August 26,
2008 for a period of 60 months for service and maintenance of Micropress
software and four Bizhub print engines.
Authorize the Chairman to sign Addendum "A" list with Stanton Office
Machines.
46.
Authorize
the Resource Management Agency Director to send a Notification of Termination
Letter to URS Corporation regarding Tulare County Agreement No. 23117 for
Project Management and Peer Review Consulting Services. Terminate the agreement effective September
26, 2008.
Sheriff/Coroner
47.
Ratify
and approve the attached amendment to Agreement No. 23280 between the County
and the Visalia Unified School District regarding a School Resource Officer at
Charter Alternative Academy, retroactive to August 14, 2008 through August 13,
2009. Find that the Board had authority
to enter into the proposed Amendment on August 14, 2008, and that it was in the
County's best interest to enter into the Amendment on that date.
48.
Accept
the Grant Award for $149,748 from the U.S. Department of Justice for Year 2
operation of the Cutler-Orosi Weed & Seed program, covering the period from
October 1, 2008, through September 30, 2009.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
49.
Request
from Auditor-Controller to approve the rate of taxation of the State and County
for Fiscal Year 2008/2009 to be collected upon the taxable property of the
County of Tulare, State of California, at the rate of $1 per $100 of assessed
valuation. Approve the tax rates as
shown on the County of Tulare County Wide Tax Rates 2008/2009 (Schedule A) be
levied. Direct that they be collected
upon cash $100 valuation of the taxable property of the unitary and operating
non-unitary property of the County of Tulare, State of California, as computed
pursuant to the provision of law.
Approve the tax rates as shown on the County of Tulare Special Tax Rates
- Schools 2008/2009 (Schedule B) be levied.
Direct that they be collected upon each $100 valuation of the taxable
property of the several school districts of said County, for raising the
necessary amount to pay the principal and interest on the bonds and for special
purpose of said school districts.
Approve the Special District Tax Rates shown on the County of Tulare
Special Tax Rates - Special Districts 2008/2009 (Schedule C) be levied. Direct that they be collected upon each $100
valuation of the taxable property of the various districts included on the
schedule of Special Districts. Approve
and accept the Statement of the Valuation of the Property in Tulare County as
compiled by the County Auditor-Controller/Treasurer-Tax Collector and filed
with this Board.
50.
Request
from County Administrative Office to consider, modify as needed, and approve
the responses to the Tulare County Grand Jury 2007/2008 Reports and authorize
the Chairman to sign for the following reports:
Alpaugh's Measure R; Boards and Commissions in Tulare County; In-Home
Supportive Services in Tulare County; Porterville Public Cemetery; Tulare
County Animal Shelter; Tulare County Civic Center Parking; and, Upkeep of
Tulare County Cemeteries.
51.
Request
from County Administrative Office to adopt an Administrative Regulation regarding
County Property Management Space Leasing Guidelines.
52.
Public
Comments.
53.
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: 2
Termination
of the URS Agreement (Tulare County Agreement 23117). See Agenda Item August 26, 2008.
Next Item(s)
Sitting as...
ITEM
B
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9(a).)
Name of
Case: City of Dinuba, et al v. County of Tulare,
et al.
Tulare County Superior Court Case Number 03-205854
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9(a).)
Name of
Case: David Gonzalez; Erin Ormonde; Stevan Rosenlind v. Tulare County,
Tulare County Sheriff's Deputy G. Marks, et al
United
States District Court Eastern District of California Case Number 1:07-CV-00949-OWW-NEW
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: 16
Appeal of
Zoning Administrator's Approval of Special Use Permit Number PSP-07-153
(ZA). Montemayer/Road 132, North of Visalia. Board of Supervisors Agenda Item, August 26,
2008.
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: 1
Next Item(s)
Sitting as...
ITEM
F
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
(Government
Code Section 54956.9(c).)
Number of
Potential Cases: 1
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
(Government
Code Section 54956.9(c).)
Number of
Potential Cases: 2
Next Item(s)
Sitting as...
ITEM
H
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8).
Property: a 30.57 mile line of railroad between Strathmore, CA milepost
268.60 and Jovista, CA
milepost 299.17 in Tulare
County
Agency
Negotiator: Henry Hash
Negotiating
Parties: San Joaquin Valley Railroad
Company and Union Pacific Railroad Company
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
I
CONSIDER PUBLIC
EMPLOYEE PERFORMANCE EVALUATION FOR THE POSITION OF:
Details
County
Administrative Officer
(Government
Code Section 54957).
Next Item(s)
Sitting as...
ITEM
J
CONFERENCE WITH LABOR
NEGOTIATOR
(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
