MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX  - Chairman

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) 636-5000

FAX (559) 733-6898


November 3, 2009

 

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 with a total of fifteen (15) minutes allotted for the Public Comment Period.  At all times, please use the microphone and state your name and address for the record.


(Public Comment Period)

 

1.                  Receive an update on the Special Districts Government 101 training session held October 22, 2009.

2.                  Public Comments.

3.                  Board of Supervisors matters.


 

9:30 A.M. – TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING:                 Request from the Sheriff's Department to approve increasing the daily fee from $5.00 to $6.00, an increase of $1.00 for participants in the Sheriff's Work Alternative Program.

5.                  PUBLIC HEARING:   Request from Sheriff's Department to adopt administrative fees for adding or deleting weapons to a concealed weapon permit, and increasing administrative fees for Live Scans, ink cards, criminal histories, booking sheets, and new applications for concealed weapons, effective November 4, 2009.

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 20)

 

 

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.

 

County Administrative Office

6.                  Approve recommended changes to Administrative Regulations as follows:

Delete the following Administrative Regulations:

AR 03  Grant Administration

Revise the following Administrative Regulations:

AR 04  Budgetary Controls

AR 08  Vehicle Accident Review Committee

AR 09  Vehicle Accident Reporting Policy

AR 13  Employee Emergency Response Procedure

AR 14  Construction Contract Change Orders

AR 21  Mail Addressing Requirements

AR 23  Relocation Expense

Find there is no need to change the following Administrative Regulations at this time:

AR 06  Audit Policy

AR 20  County Intern Program

AR 30  Countywide Vehicle Acquisition Policy

AR 31  Use of County Facilities by Non-County Organizations

AR 32  Salary Bands

AR 33  Delegated Action Requests

AR 34  Employee Discounts

AR 35  Space Leasing Guidelines

AR 36  Identity Theft “Red Flag” Prevention Program

AR 37  Gift and Donation Acceptance Policy

Health & Human Services Agency

7.                  Appoint Kristina Delgadillo (Child Care Provider) to the Tulare County Child Care Development and Planning Council for a term ending June 30, 2010.  Direct the Clerk of the Board to recruit for the listed vacancies per the provisions of the Maddy Act.

8.                  Approve the donation of Vehicle 925, a 1999 Dodge Van, Serial Number 2B5WB25Z1XK562319, to the Kaweah Delta Hospital Foundation for the Exeter Pediatric Clinic. Authorize the Tulare County Purchasing Agent to process the transfer of title to Vehicle 925 to Kaweah Delta Hospital Foundation.

9.                  Ratify and approve an amendment to Agreement No. 20820 with the California Department of Public Health, for the AIDS Drug Assistance Program to provide assistance to HIV Positive/AIDS clients for AIDS drugs that are not covered by insurance or other means, retroactive to July 1, 2009 through June 30, 2010. Find that the Board had authority to enter into the proposed agreement as of July 1, 2009 and that it was in the County's best interest to enter into the agreement on that date.

10.             Approve an agreement with the Tulare Youth Service Bureau in the amount of $250,000 to provide mental health services under the Mental Health Services Act Prevention and Early Intervention Program, through June 30, 2011.

11.             Approve an agreement with Family Services of Tulare County in the amount of $600,000 to provide mental health services under the Mental Health Services Act Prevention and Early Intervention Program, through June 30, 2011.

12.             Approve an agreement with Kings View Corporation in the amount of $400,000 to provide mental health services under the Mental Health Services Act Prevention and Early Intervention Program, through June 30, 2011.

Resource Management Agency

13.             Declare their intent to vacate the 300 foot portion of Juniper Street between Harvest Avenue and State Route 99; the alley in Block 55; a portion of the alley in Block 56; and the alley south of Harvest Avenue between Road 68 and adjoining Juniper Street in Town of Goshen per map recorded November 11, 1987 in Book 3 of Maps, Page 19, Tulare County Records.  Set a Public Hearing for December 1, 2009 at 9:30 A.M. or thereafter, in the Board of Supervisors Chambers, 2800 W. Burrel Avenue, Visalia to consider the vacation of the aforementioned street and alleys.  Direct the Resource Management Agency to publish and post the notice of public hearing in accordance with the Streets and Highways Code.

14.             Accept the work for construction of Road 80 from Avenue 304 to Avenue 328, north of the City of Visalia as complete by Lee's Paving, Incorporated of Visalia, California.  Authorize the Chairman to sign the Notice of Completion.  Direct the Clerk of the Board to have the Notice of Completion recorded with the County Recorder.

15.             Accept Phase I of the Motor Pool Project as complete.  Authorize the Chairman to sign the Notice of Completion for the project.  Direct the Clerk of the Board of Supervisors to record the Notice of Completion for the project with the office of the Tulare County Recorder.

16.             Approve a Subrecipient Agreement in the amount of $200,000 with Valley Small Business Development Corporation to provide Tulare County with Microenterprise and Business Assistance Program implementation services, funded by Community Development Block Grant No. 07-EDEF-3721.  Approve a Subrecipient Agreement in the amount of $97,500 with Community Services & Employment Training, Inc to provide Tulare County with Microenterprise Assistance Program community outreach services funded by Community Development Block Grant No. 07-EDEF-3721 and Tulare County Redevelopment Agency Funds.

17.             Approve the relinquishment of right of way obtained by the County in the City of Visalia for the Road 80 widening project between Goshen Avenue and Avenue 320 under the terms of Tulare County Agreement No. 23355.  Authorize the Chairman to sign the Quit-Claim Deed to the right of way to be relinquished to the City and have the Chairman's signature notarized.  Direct County staff to present the signed deed to the appropriate staff at the City of Visalia for formal acceptance of the right of way.

18.             Approve Agreement for Purchase of Temporary Construction Easement from Maria C. Solorio for the Road 80 Widening Project in the amount of $800.  Authorize County Counsel to sign the Temporary Construction Easement acceptance upon presentation.  Authorize the Resource Management Agency Director, or designee, to open an escrow and sign all documents to facilitate the escrow for this acquisition.  Direct the Auditor to draw a warrant in the amount of $800 in favor of Maria C. Solorio.

19.             Approve Agreement for Purchase of Property/Right of Way and Temporary Construction Easement from George Margosian and Rose Marie Margosian, Trustees of the Margosian Family Trust of 1993, for the Road 80 Widening Project in the amount of $40,500.  Authorize County Counsel to sign the Grant Deed and Temporary Construction Easement acceptances upon presentation.  Authorize the Resource Management Agency Director, or designee, to open an escrow and sign all documents to facilitate the escrow for this acquisition.  Direct the Auditor to draw a warrant in the amount of $42,000 in favor of Chicago Title Company.

20.             Approve Agreement for Purchase of Property/Right of Way from Pablo M. Contreras and Ana M. Contreras for the Road 80 Widening Project in the amount of $210,500.  Authorize County Counsel to sign the Grant Deed acceptance upon presentation.  Authorize the Resource Management Agency Director, or designee, to open an escrow and sign all documents to facilitate the escrow for this acquisition.  Direct the Auditor to draw a warrant in the amount of $212,500 in favor of Chicago Title Company.

(Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

21.             Request from County Counsel to introduce and waive the first reading of an Ordinance amending adding Chapter 11 to Part V of the Ordinance Code of Tulare County pertaining to medical marijuana; amending Sections 6-01-2010 and 6-01-2020 of Part VI, Chapter 1 of the Ordinance Code of Tulare County pertaining to Business License and Regulations; amending Sections 6-03-1070 and 6-03-1090 (i) of Part VI, Chapter 3 of the Ordinance Code of Tulare County Pertaining to Adult Oriented Business; adding Chapter 15 to Part VI of the Ordinance Code of Tulare County, pertaining to Medical Marijuana Business License: Regulation of Possession, Consumption, Distribution, Transportation, Cultivation and Growing.

(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

Ordinance adding Chapter 11 to Part V of the Ordinance Code of Tulare County, pertaining to medical marijuana, amending Chapters 1 and 3 of Part VI, pertaining to regular and adult-oriented business licenses, and adding Chapter 15 of Part VI, pertaining to medical marijuana collectives and cooperatives. Board of Supervisors Agenda Item November 3, 2009.

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases:  4

Proposed Tulare County General Plan 2030 Update and Draft Environmental Impact Report

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case:  Confidential

Next Item(s) Sitting as...

ITEM D

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 E

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

           

Details

(Government Code Section 54956.8)

Property Description:  210 South Court, Visalia, CA

Agency Negotiator:  Jean M. Rousseau

Negotiating Parties:  Public Facilities Corporation

Under Negotiation:  Price and Terms of Payment

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Tim Huntley and Jean M. Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected

Next Item(s) Sitting as...