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 M. 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


SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

THE TULARE COUNTY REDEVELOPMENT AGENCY

 

November 10, 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.                  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)

 

 

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

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:

Teviston Community Services District

Alpine Village-Sequoia Crest Community Svs Dist.

Frank Francisco Galaviz, Director

Freda M. Walser, Director

 

 

Tipton Community Services District

Alta Irrigation District

Christopher G. Adkins, Director

John B. Kalender, Director-Division 7

 

 

Terra Bella Memorial District

Orosi Public Utility District

James Tatum

Johnny Sandoval, Director-Seat 4

 

 

Three Rivers Memorial District

 

Margie A. Ewen, Director-Seat 4, Non Veteran

 

 

18.             Appoint In Lieu of Election the following for a full terms ending December 6, 2013:

Allensworth Community Services District

Sultana Community Services District

John Pope, Director

Tom Voss, Director

 

Maria Elena Paredez, Director

Alpine-Village-Sequoia Crest Community Svs Dist.

Michael S. Prado, Sr., Director

Milburn Ellis, Director

 

George Derkum, Director

Teviston Community Services District

Roy F. Aiken, Director

Martha Sanchez, Director

 

Kimberly Shelton, Director

Patterson Tract Community Services District

 

Allen R. Lee, Director

Tipton Community Services District

Darlene Lasley, Director

Jerry Stover, Director

Sharon Gardiner, Director

Steven Hunt, Sr., Director

 

Janice McKay, Director

Ponderosa Community Services District

 

Cheri Benton Marchaunt, Director

Tract 92 Community Services District

Bill Benton, Director

Monroe Self, Director

Michel Strickbine-Witherow, Director

Rodney Morphis, Director

 

 

Poplar Community Services District

Richgrove Community Services District

Albert Morrison, Director

Rose B. Rodriguez, Director

Michael Clark, Director

Jesse V. Ortega, Director

 

Joey D. Velasquez, Director

 

 

Woodlake Fire District

Lower Tule River Irrigation District

Cornelio R. Ortiz, Commissioner

James J. Costa, Sr., Director, Division 2

 

John W. Roeloffs, Director, Division 5

Alpaugh Irrigation District

 

Kenneth Gibbs, Director, Division 4

Orange Cove Irrigation District

Steven W. Martin, Director, Division 5

Henry A. Collin III, Director, Division 3

 

Russell Katayama, Director, Division 5

Alta Irrigation District

 

Roger Warkentin, Director, Division 2

Pixley Irrigation District

Thomas A. Marshall, Director, Division 5

Raymond L. Westbrook, Director, Division 1

 

Bill Degroot, Director, Division, Division 2

Delano-Earlimart Irrigation District

Russell Schott, Director, Division 4

Kelley T. Hampton, Director, Division 1

 

Nick J. Canata, Director, Division 2

Porterville Irrigation District

Harold Nelson, Director, Division 3

David E. Gisler, Director, Division 2

 

Guido A. Lombardi, Director, Division 3

Ducor Irrigation District

Eric Borba, Director, Division 4

David Schwartz, Director

 

Gerald Peterson, Director

Saucelito Irrigation District

 

Steven G. Kisling, Director, Division 4

Exeter Irrigation District

Robert D. McCloskey, Director, Division 5

Gregory Crosson, Director, Division 1

 

Ralph E. Fuller, Director, Division 4

Stone Corral Irrigation District

Stanley L. Cosart, Director, Division 5

Clinton Frank, Director

 

George Murrell Simms, Director

Ivanhoe Irrigation District

 

Gary S. Caviglia, Director

Terra Bella Irrigation District

David L. Crouse, Director

Brent E Doyel, Director, Division 1

Steve R. Spalding, Director

 

 

Tulare Irrigation District

Lindmore Irrigation District

Michael J. Thomas, Director, Division 1

Dennis R. Brownfield, Director, Division 1

Dave F. Martin, Director, Division 2

Quinten A. Luallen, Director, Division 2

 

 

 

 

Lindsay-Strathmore Irrigation

 

Terra Bella Memorial District

Dennis Imoto, Director, Division 1

Ruben M. Contreras, Director-Seat 3, Veteran

Jeff Tienken, Director, Division 2

 

 

Three Rivers Memorial District

Exeter Memorial District

Frank P. Capalare, Director-Seat 1, Veteran

David Heaton, Director, Non Veteran

Frank L. Greninger, Director-Seat 2, Veteran

Bobbie Sperry, Director, Non Veteran

David Sherwood, Director-Seat 3, Non Veteran

 

 

Ivanhoe Memorial District

Visalia Memorial District

Victor R. Box, Seat 1, Non Veteran

Roberto G. Cadena, Director, Non Veteran

John Williams, Seat 2, Veteran

Josh Miller, Director, Non Veteran

 

 

Lindsay-Strathmore Memorial District

Woodlake Memorial District

Lester Seay, Director-Seat 1, Non Veteran

Terry Thompson, Director-Seat 1, Veteran

C Alan Todd, Director-Seat 2, Veteran

Byron Taylor, Director-Seat 2, Veteran

 

 

Porterville Memorial District

Porter Vista Public Utility District

Edward S. Flory, Director-Seat 1, Veteran

Kit Murphy, Director-Seat 2

 

Irene Bakich, Director-Seat 4

South Tulare Co Memorial District

Lewis Sewell, Director-Seat 5

Carlos Ramirez, Director-Seat 1, Veteran

 

Rose B. Rodriguez, Director-Seat 2, Non Veteran

Strathmore Public Utility District

Joe Ray McPhetridge, Sr., Seat 3, Non Veteran

Chistina Mason, Director, Division 1

 

 

Cutler Public Utility District

Springville Public Utility District

Leonard R. Encinas, Director-Seat 3

David L. Ploneis, Director-Seat 1

Fernie T. Rubalcaba, Director-Seat 5

Thomas J. Carter, Director-Seat 2

 

 

Ivanhoe Public Utility District

Woodville Public Utility District

Gerardo Sanchez, Director-Seat 4

Mary Ellen Valdivia, Director-Seat 2

Betty Vicars, Director-Seat 5

 

 

Teapot Dome Water District

Orosi Public Utility District

Richard Job, Director

Ronnie Castillo, Director-Seat 3

Donald Laux, Director

Alex Marroquin, Director-Seat 5

David R. Sherwood, Director

 

 

Lemon Cove Sanitary District

 

Michael B. Smith, Director

 

David Squires, Director

 

Clair J. Fox, Director

 

 

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.

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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.

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ITEM C

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (c).)

Number of Potential Cases:  2

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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

 

 

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ITEM E

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (c).)

Number of Potential Cases:  9

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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