(Public Comment Period)
1.
Presentation
from Service Learning Grant recipients.
2.
Public
Comments.
3.
Board
of Supervisors matters.
9:30 A.M. – TIMED ITEMS
(Timed Items)
4.
PUBLIC
HEARING: Request from the Fire Department to approve Fire Hazard
Abatement Cost Recovery. Confirm the
accounting as modified. Order that the costs as confirmed be recorded in the
office of the Tulare County Recorder. Order that the Tulare County
Auditor-Controller/Treasurer-Tax Collector place such costs on the County tax
roll as special assessments against the respective parcels of land.
5.
PUBLIC
HEARING: Request from the Resource Management Agency to terminate the
Resolution of Necessity proceedings to acquire property by Eminent Domain for
the Road 80 Widening Project Pursuant to Code of Civil Procedure Section
1245.330 from Fareed Odeh Saphieh for property commonly referred to as Assessor
Parcel Number 017-183-003. Direct staff
to negotiate with Fareed Odeh Saphieh to acquire the right of way necessary for
the Road 80 Widening Project leaving him the remainder of the parcel for future
development.
6.
PUBLIC
HEARING: Request from the Resource Management Agency to adopt, find,
determine, declare and resolve as follows:
a) The public interest and necessity require the Acquisition of Property
by Eminent Domain for the Road 80 Widening Project Pursuant to Code of Civil
Procedure Section 1245.330; Ronald Vanderham and Cherylee Vanderham; b) The
Project is planned and located in the manner that will be most compatible with
the greatest public good and the least private injury; c) The property
described in Appendix A is necessary for the Project; d) The offer required by
section 7267.2(a) of the Government Code, together with the accompanying
statement of and summary of the basis for the amount established as just
compensation, was made to the owner or owners of record and the offer and
accompanying statement and summary complied with the requirements of Government
Code section 7267.2(a); and e) County Counsel is authorized to file a legal
action against the property owner. (2/3rds vote required)
7.
PUBLIC
HEARING: Request from the Resource Management Agency to adopt, find,
determine, declare and resolve as follows:
a) The public interest and necessity require the Acquisition of Property
by Eminent Domain for the Road 80 Widening Project Pursuant to Code of Civil
Procedure Section 1245.330; Robert W. Vanderham; b) The Project is planned and
located in the manner that will be most compatible with the greatest public
good and the least private injury; c) The property described in Appendix A is
necessary for the Project; d) The offer required by section 7267.2(a) of the
Government Code, together with the accompanying statement of and summary of the
basis for the amount established as just compensation, was made to the owner or
owners of record and the offer and accompanying statement and summary complied
with the requirements of Government Code section 7267.2(a); and e) County
Counsel is authorized to file a legal action against the property owner.
(2/3rds vote required)
8.
PUBLIC
HEARING: Request from the Resource Management Agency to adopt, find,
determine, declare and resolve as follows:
a) The public interest and necessity require the Acquisition of Property
by Eminent Domain for the Road 80 Widening Project Pursuant to Code of Civil
Procedure Section 1245.330; Vanderham Dairy; b) The Project is planned and
located in the manner that will be most compatible with the greatest public
good and the least private injury; c) The property described in Appendix A is
necessary for the Project; d) The offer required by section 7267.2(a) of the
Government Code, together with the accompanying statement of and summary of the
basis for the amount established as just compensation, was made to the owner or
owners of record and the offer and accompanying statement and summary complied
with the requirements of Government Code section 7267.2(a); and e) County
Counsel is authorized to file a legal action against the property owner.
(2/3rds vote required)
9.
PUBLIC
HEARING: Request from the Resource Management Agency to adopt, find,
determine, declare and resolve as follows:
a) The public interest and necessity require the Acquisition of Property
by Eminent Domain for the Road 108 Widening Project Pursuant to Code of Civil
Procedure Section 1245.330; Catarino Licon Jr. and Mary Helen Licon; b) The
Project is planned and located in the manner that will be most compatible with
the greatest public good and the least private injury; c) The property
described in Appendix A is necessary for the Project; d) The offer required by
section 7267.2(a) of the Government Code, together with the accompanying
statement of and summary of the basis for the amount established as just
compensation, was made to the owner or owners of record and the offer and
accompanying statement and summary complied with the requirements of Government
Code section 7267.2(a); and e) County Counsel is authorized to file a legal
action against the property owner. (2/3rds vote required)
10.
PUBLIC
HEARING: Request from the Resource Management Agency to adopt, find,
determine, declare and resolve as follows:
a) The public interest and necessity require the Acquisition of Property
by Eminent Domain for the Road 108 Widening Project Pursuant to Code of Civil
Procedure Section 1245.330; Evangeline Limited Partnership; b) The Project is
planned and located in the manner that will be most compatible with the
greatest public good and the least private injury; c) The property described in
Appendix A is necessary for the Project; d) The offer required by section
7267.2(a) of the Government Code, together with the accompanying statement of
and summary of the basis for the amount established as just compensation, was
made to the owner or owners of record and the offer and accompanying statement
and summary complied with the requirements of Government Code section
7267.2(a); and e) County Counsel is authorized to file a legal action against
the property owner. (2/3rds vote required)
11.
PUBLIC
HEARING: Request from the Resource Management Agency to adopt, find,
determine, declare and resolve as follows:
a) The public interest and necessity require the Acquisition of Property
by Eminent Domain for the Road 108 Widening Project Pursuant to Code of Civil
Procedure Section 1245.330; Irma L. Cordeniz and Mayme Cordeniz; b) The Project
is planned and located in the manner that will be most compatible with the
greatest public good and the least private injury; c) The property described in
Appendix A is necessary for the Project; d) The offer required by section
7267.2(a) of the Government Code, together with the accompanying statement of
and summary of the basis for the amount established as just compensation, was
made to the owner or owners of record and the offer and accompanying statement
and summary complied with the requirements of Government Code section
7267.2(a); and e) County Counsel is authorized to file a legal action against
the property owner. (2/3rds vote required)
12.
PUBLIC
HEARING: Request from the Resource Management Agency to adopt, find,
determine, declare and resolve as follows:
a) The public interest and necessity require the Acquisition of Property
by Eminent Domain for the Road 108 Widening Project Pursuant to Code of Civil
Procedure Section 1245.330; James Edward Rogers; b) The Project is planned and
located in the manner that will be most compatible with the greatest public
good and the least private injury; c) The property described in Appendix A is
necessary for the Project; d) The offer required by section 7267.2(a) of the
Government Code, together with the accompanying statement of and summary of the
basis for the amount established as just compensation, was made to the owner or
owners of record and the offer and accompanying statement and summary complied
with the requirements of Government Code section 7267.2(a); and e) County
Counsel is authorized to file a legal action against the property owner.
(2/3rds vote required)
13.
PUBLIC
HEARING: Request from the Resource Management Agency to adopt, find,
determine, declare and resolve as follows:
a) The public interest and necessity require the Acquisition of Property
by Eminent Domain for the Road 108 Widening Project Pursuant to Code of Civil
Procedure Section 1245.330; Wilbur Clair Hettinga and Mary Lou Hettinga; b) The
Project is planned and located in the manner that will be most compatible with
the greatest public good and the least private injury; c) The property
described in Appendix A is necessary for the Project; d) The offer required by
section 7267.2(a) of the Government Code, together with the accompanying
statement of and summary of the basis for the amount established as just
compensation, was made to the owner or owners of record and the offer and
accompanying statement and summary complied with the requirements of Government
Code section 7267.2(a); and e) County Counsel is authorized to file a legal
action against the property owner. (2/3rds vote required)
14.
PUBLIC
HEARING: Request from Resource Management
Agency to adopt, find, determine, declare and resolve as follows: a) The public
interest and necessity require the Acquisition of Property by Eminent Domain
for the Road 108 Widening Project Pursuant to Code of Civil Procedure Section
1245.330; Gloria Pereira, Linda Costa, and Joseph Costa and Lynn Costa Life
Estate (Costa); b) The Project is
planned and located in the manner that will be most compatible with the
greatest public good and the least private injury; c) The property described in
Appendix A is necessary for the Project; d) The offer required by section
7267.2(a) of the Government Code, together with the accompanying statement of
and summary of the basis for the amount established as just compensation, was
made to the owner or owners of record and the offer and accompanying statement
and summary complied with the requirements of Government Code section 7267.2(a);
and e) County Counsel is authorized to file a legal action against the property
owner. (2/3rds vote required)
(Consent Calendar)
CONSENT CALENDAR (Number 15 through 46)
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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
15.
Approve
an agreement with the California Table Grape Export Association to provide
advanced digital imaging equipment to the Tulare County Agricultural
Commissioner.
Board of Supervisors
16.
Ratify
the following Proclamations: Honoring Michael Stow upon his Retirement from the
Visalia Police Department; and Recognizing November 11, 2009 as Veteran's Day
in Tulare County.
17.
Appoint
In Lieu of Election the following for short terms ending December 2, 2011:
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Teviston Community Services District
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Alpine Village-Sequoia Crest
Community Svs Dist.
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Frank Francisco Galaviz, Director
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Freda M. Walser, Director
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Tipton Community Services District
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Alta Irrigation District
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Christopher G. Adkins, Director
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John B. Kalender,
Director-Division 7
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Terra Bella Memorial District
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Orosi Public Utility District
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James Tatum
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Johnny Sandoval, Director-Seat 4
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Three Rivers Memorial District
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Margie A. Ewen, Director-Seat 4,
Non Veteran
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18.
Appoint
In Lieu of Election the following for a full terms ending December 6, 2013:
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Allensworth Community Services
District
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Sultana Community Services
District
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John Pope, Director
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Tom Voss, Director
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Maria Elena Paredez, Director
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Alpine-Village-Sequoia Crest Community
Svs Dist.
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Michael S. Prado, Sr., Director
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Milburn Ellis, Director
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George Derkum, Director
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Teviston Community Services
District
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Roy F. Aiken, Director
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Martha Sanchez, Director
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Kimberly Shelton, Director
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Patterson Tract Community Services
District
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Allen R. Lee, Director
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Tipton Community Services District
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Darlene Lasley, Director
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Jerry Stover, Director
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Sharon Gardiner, Director
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Steven Hunt, Sr., Director
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Janice McKay, Director
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Ponderosa Community Services
District
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Cheri Benton Marchaunt, Director
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Tract 92 Community Services
District
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Bill Benton, Director
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Monroe Self, Director
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Michel Strickbine-Witherow,
Director
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Rodney Morphis, Director
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Poplar Community Services District
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Richgrove Community Services
District
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Albert Morrison, Director
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Rose B. Rodriguez, Director
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Michael Clark, Director
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Jesse V. Ortega, Director
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Joey D. Velasquez, Director
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Woodlake Fire District
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Lower Tule River Irrigation
District
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Cornelio R. Ortiz, Commissioner
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James J. Costa, Sr., Director,
Division 2
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John W. Roeloffs, Director,
Division 5
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Alpaugh Irrigation District
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Kenneth Gibbs, Director, Division
4
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Orange Cove Irrigation District
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Steven W. Martin, Director,
Division 5
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Henry A. Collin III, Director,
Division 3
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Russell Katayama, Director,
Division 5
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Alta Irrigation District
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Roger Warkentin, Director,
Division 2
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Pixley Irrigation District
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Thomas A. Marshall, Director,
Division 5
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Raymond L. Westbrook, Director,
Division 1
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Bill Degroot, Director, Division,
Division 2
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Delano-Earlimart Irrigation
District
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Russell Schott, Director, Division
4
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Kelley T. Hampton, Director,
Division 1
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Nick J. Canata, Director, Division
2
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Porterville Irrigation District
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Harold Nelson, Director, Division
3
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David E. Gisler, Director,
Division 2
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Guido A. Lombardi, Director,
Division 3
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Ducor Irrigation District
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Eric Borba, Director, Division 4
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David Schwartz, Director
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Gerald Peterson, Director
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Saucelito Irrigation District
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Steven G. Kisling, Director,
Division 4
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Exeter Irrigation District
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Robert D. McCloskey, Director,
Division 5
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Gregory Crosson, Director,
Division 1
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Ralph E. Fuller, Director,
Division 4
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Stone Corral Irrigation District
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Stanley L. Cosart, Director, Division 5
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Clinton Frank, Director
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George Murrell Simms, Director
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Ivanhoe Irrigation District
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Gary S. Caviglia, Director
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Terra Bella Irrigation District
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David L. Crouse, Director
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Brent E Doyel, Director, Division
1
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Steve R. Spalding, Director
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Tulare Irrigation District
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Lindmore Irrigation District
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Michael J. Thomas, Director,
Division 1
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Dennis R. Brownfield, Director,
Division 1
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Dave F. Martin, Director, Division
2
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Quinten A. Luallen, Director,
Division 2
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Lindsay-Strathmore Irrigation
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Terra Bella Memorial District
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Dennis Imoto, Director, Division 1
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Ruben M. Contreras, Director-Seat
3, Veteran
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Jeff Tienken, Director, Division 2
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Three Rivers Memorial District
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Exeter Memorial District
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Frank P. Capalare, Director-Seat
1, Veteran
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David Heaton, Director, Non
Veteran
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Frank L. Greninger, Director-Seat
2, Veteran
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Bobbie Sperry, Director, Non
Veteran
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David Sherwood, Director-Seat 3,
Non Veteran
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Ivanhoe Memorial District
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Visalia Memorial District
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Victor R. Box, Seat 1, Non Veteran
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Roberto G. Cadena, Director, Non
Veteran
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John Williams, Seat 2, Veteran
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Josh Miller, Director, Non Veteran
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Lindsay-Strathmore Memorial
District
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Woodlake Memorial District
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Lester Seay, Director-Seat 1, Non
Veteran
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Terry Thompson, Director-Seat 1,
Veteran
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C Alan Todd, Director-Seat 2,
Veteran
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Byron Taylor, Director-Seat 2,
Veteran
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Porterville Memorial District
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Porter Vista Public Utility
District
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Edward S. Flory, Director-Seat 1,
Veteran
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Kit Murphy, Director-Seat 2
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Irene Bakich, Director-Seat 4
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South Tulare Co Memorial District
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Lewis Sewell, Director-Seat 5
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Carlos Ramirez, Director-Seat 1,
Veteran
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Rose B. Rodriguez, Director-Seat
2, Non Veteran
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Strathmore Public Utility District
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Joe Ray McPhetridge, Sr., Seat 3,
Non Veteran
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Chistina Mason, Director, Division
1
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Cutler Public Utility District
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Springville Public Utility
District
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Leonard R. Encinas, Director-Seat
3
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David L. Ploneis, Director-Seat 1
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Fernie T. Rubalcaba, Director-Seat
5
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Thomas J. Carter, Director-Seat 2
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Ivanhoe Public Utility District
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Woodville Public Utility District
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Gerardo Sanchez, Director-Seat 4
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Mary Ellen Valdivia, Director-Seat
2
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Betty Vicars, Director-Seat 5
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Teapot Dome Water District
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Orosi Public Utility District
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Richard Job, Director
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Ronnie Castillo, Director-Seat 3
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Donald Laux, Director
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Alex Marroquin, Director-Seat 5
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David R. Sherwood, Director
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Lemon Cove Sanitary District
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Michael B. Smith, Director
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David Squires, Director
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Clair J. Fox, Director
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19.
Appoint
the following In Lieu of Election to the Tulare County Resource Conservation District: Tom Daly, Ron Frazier and Warren Hutchings
for terms ending November 26, 2010; and Scott Powell and Brian Rueger for terms
ending November 30, 2012.
County Administrative Office
20.
Terminate
the emergency action required by Resolution No. 2009-0728 to waive the bid
process for the purchase of two hot water heating units.
21.
Approve
the Porterville District Office Remodel Project as a Job Order Contract in the
amount of $578,492. Authorize the
Purchasing Agent to execute all necessary documents.
22.
Declare
intent to grant the franchise applied for by Southern California Gas Company
for a term of twenty-five (25) years authorizing Southern California Gas
Company the privilege to construct, maintain and use pipes and appurtenances
for transmitting and distributing gas for any and all purposes, under, along,
across or upon the streets of the County.
Approve the Notice of Intent to be published at least once within
fifteen (15) days after this date in a newspaper of general circulation within
the County. Introduce and waive the
first reading of an Ordinance pertaining to a franchise agreement with Southern
California Gas Company. Set a Public
Hearing for December 1, 2009 at 9:30 a.m. or thereafter, in the Board of
Supervisors Chambers to hear any objections to the granting thereof. Direct the Clerk of the Board to publish a
summary of the Ordinance as required by law.
District Attorney
23.
Authorize
acceptance of grant funding from the State of California, Department of
Justice, Attorney General's Privacy and Piracy Fund in the amount of $45,157
for Fiscal Year 2009/2010. Ratify and
approve the Grant Award Agreement and the District Attorney's, or his
designee's, signature on behalf of the Chairman, 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. 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)
24.
Authorize
the submission of an application for funding from the State Department of
Social Services for the In-Home Supportive Services Fraud Investigation and
Program Integrity Efforts in the amount of $128,063 with a $24,769 match, for a
total of $152,832 for Fiscal Year 2009/2010.
Authorize the Chairman to sign all application documents necessary to secure
funds.
Health & Human Services Agency
25.
Reaffirm
declaration of state of emergency in the Tulare County Drought Resolution No.
2008-0472 adopted June 24, 2008.
26.
Ratify
and approve an amendment to Agreement No. 23733 with Woodlake Union High School
for Tulare County Health & Human Services, as the Local Government Agency,
to act as the claims processing agent of Medi-Cal Administrative Activities
(MAA) on behalf of their school district, retroactive to July 1, 2008 through
June 30, 2012. 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.
27.
Ratify
and approve an amendment to Agreement No. 23734 with Woodlake Union Elementary
School for Tulare County Health & Human Services, as the Local Government
Agency, to act as the claims processing agent of Medi-Cal Administrative
Activities (MAA) on behalf of their school district, retroactive to July 1,
2008 through June 30, 2012. 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.
28.
Ratify
and approve an amendment to Agreement No. 23749 with Earlimart School District
for Tulare County Health & Human Services, as the Local Government Agency,
to act as the claims processing agent of Medi-Cal Administrative Activities
(MAA) on behalf of their school district, retroactive to July 1, 2008 through
June 30, 2012. 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.
29.
Accept
funds and materials donated from Friends of Tulare County, designated for the
cat enclosure at the Tulare County Animal Control Shelter.
Human Resources & Development
30.
Ratify
and approve a side letter of agreement with the Service Employees International
Union (SEIU) that allows the Health and Human Services Agency to pay cash
compensation for qualifying overtime worked in units 1, 4, and 7 of the
TulareWORKS division when working on case backlogs or as determined by the
District Office Manager, and shall commence on November 8, 2009 and continue
through February 27, 2010, and, employees in unit 6 of the Health Services
division in the following classifications: Licensed Vocational Nurses,
Registered Nurses, and Public Health Nurses when assigned to H1N1 events and/or
clinics after hours and/or on Saturdays and shall commence on October 24, 2009
and continue through January 30, 2010.
Compensation for qualifying overtime work for Fair Labor Standards Act
non-exempt employees shall be in the form of cash at time and one-half. Find that the Board had authority to enter
into the proposed agreement as of October 22, 2009 and that it was in the
County's best interest to enter into the agreement on that date.
Resource Management Agency
31.
Ratify
and approve an agreement with the State of California, Department of
Transportation in the amount of $159,354 for cost reimbursement for the
purchase of a compressed natural gas bus, retroactive to July 30, 2009 through
May 31, 2017. Find that the Board had
authority to enter into the proposed agreement as of July 30, 2009 and that it
was in the County's best interest to enter into the agreement on that date.
32.
Ratify
and approve 2009/2010 Transit Agreement with the City of Visalia, for the City
to provide transit service to County of Tulare residents, 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.
33.
Approve
a disposal fee waiver for Christmas trees accepted at County landfills from
December 26, 2009 through January 9, 2010.
Delegate authority, on behalf of the County, to the Tulare County
Resource Management Agency Director to approve future requests to waive
landfill disposal fees for Christmas trees.
34.
Approve
an Agreement for Purchase of Property/Right of Way and Temporary Construction
Easement from Dinuba Memorial District, for the Road 80 Widening Project in the
amount of $132,000. 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 $133,500 in favor of Chicago Title Company.
35.
Approve
an Agreement for Purchase of Property/Right of Way and Temporary Construction
Easement from Stella Kesting, for the Road 80 Widening Project in the amount of
$144,000. 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 $145,500 in favor of Chicago Title Company.
36.
Approve
an Agreement for Purchase of Real Property/Right of Way and Temporary
Construction Easement from John Wing Hing Wong and Jacoba Margaretha Johanna
Bongaards Wong, was Trustees of the John Wing Hing Wong and Jacoba Margaretha
Johanna Bongaards Wong 1989 Trust, for the Road 108 Widening Project in the
amount of $42,000. 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, sign all
documents to facilitate the escrow for this acquisition. Direct the Auditor to
draw a warrant in the amount of $43,500 in favor of Stewart Title Company.
37.
Approve
an Agreement for Purchase of Real Property/Right of Way from Blaine Investments
for the Road 108 Widening Project in the amount of $90,000. Authorize County Counsel to sign the Grant
Deed acceptance upon presentation.
Authorize the Resource Management Agency Director, or designee, to open
an escrow, sign all documents to facilitate the escrow for this acquisition.
Direct the Auditor to draw a warrant in the amount of $91,500 in favor of
Stewart Title Company.
38.
Approve
an Agreement for Purchase of Real Property/Right of Way and Temporary
Construction Easement from George Arlyn Pope, Jr. and Annabelle Elizabeth Pope,
as Trustees of the George Arlyn Pope Jr. and Annabella Elizabeth Pope Living
Trust for the Road 108 Widening Project in the amount of $66,000. 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, sign all documents to facilitate the
escrow for this acquisition. Direct the
Auditor to draw a warrant in the amount of $67,500 in favor of Stewart Title
Company.
39.
Approve
an Agreement for Purchase of Real Property/Right of Way and Temporary
Construction Easement from Joe A. Pedro and Virginia Pedro, as Trustees of the
Pedro Family Revocable Trust of July 3, 1997 for the Road 108 Widening Project
in the amount of $70,000. 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, sign
all documents to facilitate the escrow for this acquisition. Direct the Auditor to draw a warrant in the
amount of $71,500 in favor of Stewart Title Company.
40.
Approve
an Agreement for Purchase of Real Property/Right of Way and Temporary
Construction Easement from Cal-Western Farming Company for the Road 108
Widening Project in the amount of $20,750.
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, sign all documents to facilitate the
escrow for this acquisition. Direct the
Auditor to draw a warrant in the amount of $22,250 in favor of Stewart Title
Company.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS, AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
41.
Accept
and approve an Amendment to Tulare County Redevelopment Agency Agreement No.
RA-178 with Community Services Employment Training to perform additional
construction work to complete the installation of curb, gutter and sidewalk
along State Route 63 in the community of Cutler-Orosi.
42.
Approve
an amendment to Tulare County Redevelopment Agency Agreement No. RA-121 with
Omni Means, Ltd. for the Betty Drive/Avenue 312 Realignment and Improvement
Project. Approve the necessary budget
adjustments. (4/5ths vote)
Sheriff/Coroner
43.
Authorize
submitting an application to the California Emergency Management Agency for a
grant in the amount of $275,000 under the Marijuana Suppression Program. Authorize the Chairman to sign the
application's Grant Award Face Sheet and the Certification of Assurance of
Compliance/Anti-drug Abuse/Methamphetamine Laboratory Operations form.
44.
Ratify
and approve an amendment to Agreement No. 22057 with the State of California
Department of Corrections and Rehabilitation, for the period of July 1, 2008
through June 30, 2011, decreasing the daily jail rate from $66.61 to
$62.04. Find that the Board had
authority to enter into the Agreement as of July 1, 2008, and that it was in
the County's best interest to enter into the Agreement on that date.
45.
Approve
a Memorandum of Understanding with the Bureau of Alcohol, Tobacco, Firearms and
Explosives, effective from the date of the last signature by the authorized
representative of the parties.
46.
Resolve
that any employee of Tulare County may choose to donate to the non-profit
organization Friends of Tulare County through payroll deduction pursuant to
Government Code section 1157.2.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
47.
Presentation
and request from Health and Human Services agency to designate the month of
November 2009 as Adoption Awareness Month in Tulare County. Support the goals and ideals of National
Adoption Awareness Month including raising public awareness of children in
foster care waiting to find permanency and celebrating and honoring all
families who adopt.
48.
Request
from Auditor-Controller to select the change in California per capita personal
income which is .62% as the cost-of-living factor for the GANN Appropriations
Limit calculation for Fiscal Year 2009/2010.
49.
Request
from County Counsel to waive the second reading and adopt an Ordinance 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
Businesses; 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. Direct the Clerk to publish and post a
summary of the Ordinance after adoption as required by law.
50.
Request
from Resource Management Agency to Stay Implementation of Adopted Policy
(Resolution No. 2009-0091) applicable to actions involving Williamson Act
Contracts occurring after July 22, 2008, including but not limited to new Williamson
Act Contracts, amendment to an existing Williamson Act Contract, Partial
Non-Renewals, adding of additional lands to an existing contract, or other
modifications to an existing contract requiring Tulare County administrative or
discretionary action for an entitlement for any portion of lands within
contracted lands. This policy requires
that when taking the above actions, the Williamson Act Contract will include,
or be amended to include: a) Language giving the Tulare County Board of
Supervisors authority to unilaterally declare the contract terminated as null
and void should State of California fail to pay subvention funds off-setting
property tax loss as required by the Open Space Subvention Act; b) Language suggested from the County of
Humboldt vs. McKee case (165 Cal. App. 4th 1476 (CA 1st Dist. 2008)) requiring
compliance with new land use regulations and policies upon the annual renewal
of existing contracts, such as: “All uses of and actions regarding the subject
property shall comply with all applicable local ordinances, regulations,
resolutions and state laws, as adopted or amended from time to time.” Authorize the Resource Management Agency
Director to remove the February 10, 2009 policy requirement from a Williamson
Act Contract until further direction from the Board of Supervisors.
(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 21 of Part VI,
pertaining to medical marijuana collectives and cooperatives. Board of
Supervisors Agenda Item November 10, 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: 2
Proposals
pertaining to Modification of the County
of Tulare's Williamson
Act Program, including but not limited to non-renewal of Williamson Act
contracts and the Board of Supervisor's Agenda Item for November 10, 2009.
Next Item(s)
Sitting as...
ITEM
C
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
D
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
E
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
(Government
Code Section 54956.9 (c).)
Number of
Potential Cases: 9
Next Item(s)
Sitting as...
ITEM
F
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 149-050-082 and
149-050-083
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Gloria Pereira, Linda Costa,
Joseph Costa and Lynn Costa
Under Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 149-020-065
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Wilbur Clair Hettinga and Mary
Lou Hettinga
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
H
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 047-060-018 and
047-060-019
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Robert Vanderham
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
I
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 048-010-024,
048-010-025 and 047-060-015
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Vanderham Dairy
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
J
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 119-810-005
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Catarino Licon Jr. and Mary
Helen Licon
Under
Negotiation: Price and Terms of Payment
Next Item(s) Sitting
as...
ITEM
K
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 149-210-003 and
149-210-004
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Evangeline Limited Partnership
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
L
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 149-220-008
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Irma L. Cordeniz and Mayme
Cordeniz
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
M
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 147-010-042
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: Ronald Vanderham and Cherylee
Vanderham
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
N
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Details
(Government
Code Section 54956.8)
Property
Description: APN 126-240-035 and
149-030-012
Agency
Negotiator: Jean M. Rousseau and Robert
Newby
Negotiating
Parties: James Edward Rogers
Under
Negotiation: Price and Terms of Payment
Next Item(s)
Sitting as...
ITEM
O
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9 (a).)
Name of
Case: Kathleen Bales-Lange v. Hannah
Herron and Greg Gomez; Tulare County Superior Court Case Number: To be
Announced
Next Item(s)
Sitting as...
ITEM
P
CONFERENCE WITH LEGAL
COUNSEL - PERSONNEL MATTER
Details
Government
Code Section (54957.)
Consider
Public Employee Performance Evaluation for the Position of:
County
Administrative Officer
Next Item(s)
Sitting as...
ITEM
Q
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...
