MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX

District Three

 

J. STEVEN WORTHLEY Chairman - 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,

THE TULARE COUNTY REDEVELOPMENT AGENCY, AND

THE TULARE COUNTY FLOOD CONTROL DISTRICT

 

April 13, 2010

 

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.                  Service Award Presentations.

DISTRICT 1 - Supervisor Allen Ishida

 

NAME

DEPARTMENT

SERVICE YEARS

Mindy Balaam

Health and Human Services Agency

15

Vienna Barnes

Health and Human Services Agency

15

Mary Cossio

Health and Human Services Agency

15

Obdulia Lulis Lopez

Health and Human Services Agency

15

Donna Ortiz

Health and Human Services Agency

15

Violet Strawn

Assessor's Office

15

Peggy Vinson

Health and Human Services Agency

15

Deborah Hernandez

Health and Human Services Agency

20

Robert Macareno

Auditor/Treasurer/Tax Collector

20

Richard Larsen

Health and Human Services Agency

25

Gloria Chavez

Health and Human Services Agency

30

 

 

 

DISTRICT 2 - Supervisor Pete Vander Poel

 

NAME

DEPARTMENT

SERVICE YEARS

Kristi Barnhart

Health and Human Services Agency

15

Lydia Cook

Health and Human Services Agency

15

Kevin Scott Mikesell

Health and Human Services Agency

15

Julia Salas

Health and Human Services Agency

15

Penny Sousa

Health and Human Services Agency

15

Carol Vaughan

Health and Human Services Agency

15

Yeng Xiong

Health and Human Services Agency

15

Reta Burkes

Health and Human Services Agency

20

Leticia Castaneda

Health and Human Services Agency

20

Susan Aldape

Health and Human Services Agency

30

Donna Jones

Health and Human Services Agency

30

Jeanne Warren

Health and Human Services Agency

35

Marlene Cardoza

Health and Human Services Agency

40

 

 

 

DISTRICT 3 - Supervisor Phillip Cox

 

NAME

DEPARTMENT

SERVICE YEARS

Michelle Baldwin

County Administrative Office

15

Anne Bernardo

Law Library

15

Jason Britt

Health and Human Services Agency

15

Linda Camargo

Health and Human Services Agency

15

Peggy Carlson

Health and Human Services Agency

15

Carmen Evangelista

Health and Human Services Agency

15

Christopher Glidden

Health and Human Services Agency

15

Laurel Hernandez

Health and Human Services Agency

15

Carolyn Lott

Health and Human Services Agency

15

Maria Morales

Health and Human Services Agency

15

Janice Peterson

Health and Human Services Agency

15

Angelita Casares-Saenz

Health and Human Services Agency

15

Wendy Schilling

Child Support Services

15

Hiley Wallis

Auditor/Treasurer/Tax Collector

15

Scott Williams

Health and Human Services Agency

15

Teng Xiong

Health and Human Services Agency

15

Gabe Cano

Sheriff's Department

20

Susan Cowley

Health and Human Services Agency

20

Ursula Morales

District Attorney's Office

20

Kermit Wullschleger

Health and Human Services Agency

20

Janice Bilbrey

Health and Human Services Agency

25

Raymond Bullick

Health and Human Services Agency

25

Alicia Garcia

Health and Human Services Agency

25

Mary Perez

Health and Human Services Agency

25

Baron Nitta

Health and Human Services Agency

35

 

 

 

DISTRICT 4 - Chairman Steven Worthley

 

NAME

DEPARTMENT

SERVICE YEARS

Norma Cardenas

Health and Human Services Agency

15

Magdalena Castilleja-Gomez

Health and Human Services Agency

15

Paul Charpentier

Health and Human Services Agency

15

Christine Espino

Health and Human Services Agency

15

Rachel Nerio-Guerrero

Health and Human Services Agency

15

Yolanda Trevino

Health and Human Services Agency

15

Helen Gonzalez

Health and Human Services Agency

20

Cruisita Gutierrez

Health and Human Services Agency

20

Maria Hovsepian

Health and Human Services Agency

20

Keith Jahnke

Health and Human Services Agency

20

Bertha Luna

Health and Human Services Agency

20

Sylvia Munoz

Health and Human Services Agency

20

Lawrence Navarro

Health and Human Services Agency

20

Leanne Zuniga

Health and Human Services Agency

20

Elisa Rivas

Health and Human Services Agency

25

Rebecca Cortez

Health and Human Services Agency

30

 

 

 

DISTRICT 5 - Supervisor Mike Ennis

 

NAME

DEPARTMENT

SERVICE YEARS

Frances Guerrero

Health and Human Services Agency

15

Linda Hazelwood

Health and Human Services Agency

15

Joua Her

Health and Human Services Agency

15

Tessa Houston

Health and Human Services Agency

15

Lula McClung

Health and Human Services Agency

15

Silvia Nacianceno

Health and Human Services Agency

25

Ernestina Becerra

Health and Human Services Agency

30

 

2.                  Public Comments.

3.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from Resource Management Agency to certify that the Board has reviewed and considered the information contained in the Negative Declaration prepared for General Plan Amendment No. GPA 09-004, together with any comments received during the public review process, in compliance with the California Environmental Quality Act and the State Guidelines for the Implementation of the California Environmental Quality Act of 1970, prior to taking action on the General Plan Amendment. Find there is no substantial evidence that General Plan Amendment GPA 09-004 will have a significant effect on the environment and determine that the Negative Declaration prepared for said general plan amendment reflects the independent judgment of the County and has been completed in compliance with the California Environmental Quality Act of 1970 and the State Guidelines for the Implementation of the California Environmental Quality Act. Amend the Strathmore Community Plan as requested in GPA 09-004 from High Density Residential to Service Commercial to allow a two phased mini storage facility development on a 2.54 acre site. Adopt the findings for approval for the General Plan Amendment as set forth in Planning Commission Resolution No. 8469. Certify that it has reviewed and considered the information contained in the Negative Declaration prepared for the Change of Zone No. PZ 10-001, together with any comments received during the public review process, in compliance with the California Environmental Quality Act and the State Guidelines for the Implementation of the California Environmental Quality Act of 1970, prior to taking action on the Change of Zone. Find there is no substantial evidence that said Change of Zone will have a significant effect on the environment and determine that the Negative Declaration prepared for said change of zone reflects the independent judgment of the County and has been completed in compliance with the California Environmental Quality Act of 1970 and the State Guidelines for the Implementation of the California Environmental Quality Act of 1970, as amended. Adopt the findings for approval for the Change of Zone, as set forth in Planning Commission Resolution No. 8469. Waive the final reading and adopt an amendment to Ordinance No. 352 of the Tulare County Zoning Ordinance for Change of Zone No. PZ 10-001 requested by California Planning & Engineering Corporation on behalf of Halpern Industries, from Multi-Family Residential - Site Plan Review (R-3-SR) to Service Commercial - Site Plan Review (C-3-SR) Zone on 2.54 acres (APN 215-260-012 and 215-260-013) located at the north side of Avenue 194, bounded on the west by Road 228 and on the east by Orange Belt Drive, Strathmore. Direct the Clerk of the Board of Supervisors to publish the adopted Ordinance and return the signed Notice of Determination to the Resource Management Agency for filing with the County Clerk.

(Consent Calendar)

 

 

 

 

CONSENT CALENDAR (Number 5 through 28)

 

 

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

5.                  Approve an agreement with the California Department of Food and Agriculture for the survey and detection of Red Imported Fire Ant, effective July 1, 2010 through June 30, 2011.

Auditor/Controller

6.                  Approve the Resolution authorizing the issuance of Tax and Revenue Anticipation Notes for 2010/2011 Fiscal Year. Approve in form the Note Participation Purchase Agreement.

Board of Supervisors

7.                  Reappoint Michael George to the Tulare County Pest Control District for a term ending April 23, 2014.

8.                  Reappoint Sandra Meraz to the Tulare County Water Works District #1 for a term ending May 1, 2014.

9.                  Reappoint Dale Brogan to the Tulare County Water Commission, District 2 Representative, for a term ending April 30, 2012.

10.             Ratify a Proclamation Honoring Davita Inc. on its 10 Years of Service in Tulare County.

County Administrative Office/General Services

11.             Approve authority to vote on the Delta Vector Control Assessments. Direct Staff to mark ballots on the affirmative on the proposed Assessments. Direct County staff to submit the ballots by April 14, 2010.

12.             Ratify actions taken by the County Administrative Officer during the month of March 2010 regarding Personnel/Payroll Changes and Good Works Funding Agreements.

District Attorney

13.             Declare the week of April 18-24, 2010 as Victims' Rights Week in Tulare County.

 

 

Resource Management Agency

14.             Reappoint Nancy Pitigliano and John Elliott to the Tulare County Planning Commission and the Airport Land Use Commission retroactive to January 1, 2010 through December 31, 2013.

15.             Approve a Memorandum of Understanding in the amount of $130,000 with the Pixley Foundation for the Pixley Community Center Project funded by Grant No. 07-WFH-246.

16.             Approve the use of Measure R funds for the Construction of Road 108 North Phase in the amount of $2,295,000 as a contingency in the event that State Local Partnership Program funds cannot be allocated by the California Transportation Commission.

17.             Approve authority to vote on the Delta Vector Control Assessments. Direct Property Management staff to mark ballot on the affirmative on the proposed Assessments. Direct Property Management staff to submit the ballots by April 14, 2010.

18.             Declare the property situated at 15884 Jasmine Avenue, Ivanhoe, CA 93235, to be surplus to the County's needs. Authorize the transfer of surplus real property from the County of Tulare to the Tulare County Redevelopment Agency. (4/5ths vote) Authorize the Chairman to sign and deliver a Grant Deed to the Tulare County Redevelopment Agency.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

19.             Accept a Grant Deed from the County of Tulare to the Tulare County Redevelopment Agency for property situated at 15884 Jasmine Avenue, Ivanhoe. Direct the Clerk of the Board to record the Grant Deed.

20.             Ratify and approve the Betty Drive Avenue 312 Realignment and Improvement Project Phase 2 (Phase 2A and Phase 2B), retroactive to November 10, 2009. Find that the Board of Directors had the authority to approve the project as of November 10, 2009, and that it was in the Tulare County Redevelopment Agency's best interest to approve the project on that date.

21.             Approve authority to vote on the Delta Vector Control Assessments. Direct Property Management staff to mark ballot on the affirmative on the proposed Assessments. Direct Property Management staff to submit the ballots by April 14, 2010.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

CONVENE AS THE TULARE COUNTY FLOOD CONTROL DISTRICT

22.             Approve authority to vote on the Delta Vector Control Assessments. Direct Property Management staff to mark ballot on the affirmative on the proposed Assessments. Direct Property Management staff to submit the ballots by April 14, 2010.

ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

 

Sheriff/Coroner

23.             Accept additional funding of $20,000 from the United States Forest Service for operations to suppress manufacturing and trafficking of controlled substances on or affecting Forest Service land. Approve an amendment to Agreement No. 23050 with United States Forest Service increasing the funding by $20,000.

24.             Approve a Memorandum of Understanding with the State of California Campaign Against Marijuana Planting Program for the period of June 22, 2010 through October 30, 2010.

25.             Ratify and approve a grant application to the California Department of Alcoholic Beverage Control (ABC) for compliance by ABC licensees in the County with laws regulating the sale of alcoholic beverages, retroactive to March 29, 2010. Find that the Board had authority to submit the application on March 29, 2010, and that it was in the County's best interest to submit the application on that date.

26.             Authorize the transfer of funds not to exceed $168,000 from the Sheriff's Detentions Trust Fund 492 to the Sheriff's FY 2009/2010 operating budget. Approve the necessary budget adjustments. (4/5th vote)

Superior Court

27.             Proclaim May 10-14, 2010 as Juror Appreciation Week in Tulare County.

Workforce Investment Board

28.             Accept grant funds in the amount of $636,041 from the Governor's discretionary 25% American Recovery and Reinvestment Act formula funds allocated to the Workforce Investment Board. Approve the necessary budget adjustments. (4/5ths vote)

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

29.             Request from the Auditor-Controller/Treasurer-Tax Collector to introduce and waive the first reading of an ordinance amending section 1-05-1355, 1-05-1365,1-05-1380, 1-05-1385, 1-05-1420, 1-05-1425, 1-05-1435, 1-05-1455, 1-05-1460, 1-05-1465, 1-05-1470 and 1-05-1475 of the Tulare County Ordinance Code. The proposed ordinance will update the definition and exemptions of the Article and the location of where to obtain registration and reporting forms. The new sections to the proposed ordinance will add procedures for the operator to obtain a tax clearance certificate, for tax collector to waive penalties and interest and to collect transient occupancy tax from successor or assignees. Direct the Clerk of the Board to publish the ordinance summary and post a full copy of the proposed ordinance in the Office of the Clerk of the Board.

30.             Request from Human Resources & Development to approve participation in the State of California's "State Disability Insurance" Coverage for Unit 20 (Professional) effective March 28, 2010 and authorize the Chairman of the Board to sign the Application for Elective coverage of Disability Form; or Take no action and allow the pending application for State Disability Insurance coverage to remain unexecuted.

31.             Request from County Administrative Office to approve the revised Tulare County Association of Governments (TCAG) Joint Powers Agreement among the cities of Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare, Visalia, and Woodlake (the "Cities") and the County of Tulare (the "County").

(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

Amending Transient Occupancy Tax Ordinance Board of Supervisors Agenda Item April 13, 2010

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 - INITIATION OF LITIGATION

Details

(Government Code Section 54956.9 (c).)

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Rick Son v. County of Tulare, Workers' Compensation Appeals Board Numbers: FRE0191499; FRE0191500; FRE0205105

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9 (a).)

Name of Case: Isaiah Issac Andrew Garcia, et al v. County of Tulare, et al, Tulare County Superior Court Number 09-232907

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...