MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL -Chairman

District Two

 

PHILLIP A. COX -Vice 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


 

April 23, 2013

 

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.                  Recognition of Tulare County Employees who have been selected by their respective departments to be honored in the Employee Recognition Program. Announce and select the Tulare County Employee of the Year for 2012.

Agricultural Commissioner/Sealer

 

Elodia Burlingame

George Tucker

 

 

 

 

Assessor/Clerk-Recorder

 

 

Kasey Carroll

Amy Hendrick

Daniel Risetter

 

 

 

Auditor-Controller/Registrar of Voters/Treasurer-Tax Collector

Lynnda Boswell

Ray Rodriguez

 

 

 

 

County Administrative Office-Facilities

 

Robert Hernandez

 

 

 

 

 

Child Support Services

 

 

Yesenia Alvarez

Maria Evette Guerrero

Jennifer Morales

Mark Araiza

Laura Hernandez

Rita Ramirez

Bruce Bergthold

Touly Jasengnou

Veronica Rosalez

Maria Canales

Kristen Lutz

 

 

 

 

Cooperative Extension

 

 

Walter Martinez

 

 

 

 

 

County Counsel

 

 

Donald Davis

Myrna Meza

 

 

 

 

County Fire

 

 

Jason Elizondo

Jennifer Ellington

Jose Helo

 

 

 

District Attorney

 

 

Samantha Arnerich

Hortencia Casarez

Myrna Gomez

Ryan Keck

Josh Rowlett

 

 

 

 

General Services

 

 

Josh Franklin

Lulis Lopez

 

 

 

 

Health and Human Services Agency

 

Alison Acton

Tina Harmon

Silvia Nacienceno

Rosanne Aguirre

Mark Roxanne Haskell

Donald Papenhausen

Jaleh Ahmadi

Bonnie Hefner

Debra Pence

Georgia Alba

Joua Her

Gema Prieto

Guillermina (Mina) Andres

Laurel Hernandez

Luke Raper

Reta Burkes

Tim Hochhalter

Susanna A. Renteria

Guadalupe (Lupe) Bustos

Cherry Holt

Patsy Ruiz

Alysha Cabrera

Heather Kramer

Brenda Sanchez

Eleazar Calderon

Gary Kupfer

Judith Sanchez-Duran

Lilliana Ceballos

Carissa Levy

Dori Silveria

Rita M. Cervantes

Lisa Lewis

Elke Smith

Ann Contreras

Cassandra Lincoln

Ann Sullivan

Judith Cordova

Sophia Lopez

Tiffany Swarthout

Mary Cossio

Bertha Luna

Rocio Tapia

Angela Crisanto

Jill Mason

Pauline Torres

Michael Delgado

Hal McCauley

Dawn Westling

Stacey Figueira

Melinda McMurray

Jeanne Wheaton

Kathryn A. Fuehne

Olivia McNitt

Elizabeth White

Laura Fujisawa

Amber McPhetridge

Dayna Wild

Tammy Gallagher

Janice Miller

Vangshoua Yang

Jesus Gaona

Chris Millis

Leanne Zuniga

Elbia Garcia

 

 

 

 

 

Human Resources & Development

 

Rebecca Lira

 

 

 

 

 

Library

 

 

Win Doyle

 

 

 

 

 

Probation

 

 

Marichu Baker

Joey Her

Mike Santos

Maria Ceballos

Joshua Jackson

Connie Sartuche

Diana Florez

Shaun Laird

Amy Story

Peggy Gilreath

 

 

 

 

 

Purchasing

 

 

Karla Doyer

 

 

 

 

 

Resource Management Agency

 

David Bryant

Albert Heaton

Ernest Sauceda

Any Farrell

Russell Long

Reed Schenke

Laura Fernandez

 

 

 

 

 

Sheriff

 

 

Linda Castillo

Sue Gunderman

Shirley Moran

Michael Clayborn

Kevin Kemmerling

John Nicholson

Michael Coldren

Elizabeth Macias

Joseph Rodriguez

Joseph England

Bradley McLean

Terry Titus

Corey Evans

Jose Melendez

Jessica Zendejas

Miguel Franco

 

 

 

 

 

Workforce Investment Board

 

Vyvian Timm

 

 

 

2.                  Public Comments.

3.                  Board of Supervisors matters.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from the Resource Management Agency to approve a categorical exemption per the General Rule Exemption [14 Cal. Code Regs. Section 15061(b)(3)] pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. Adopt pursuant to Government Code Section 65858, as an Urgency Measure, an extension of an Interim Zoning Ordinance, Tulare County Ordinance No. 3446, prohibiting the establishment of new medical marijuana collectives and cooperatives and the expansion of existing legal medical marijuana collectives and cooperatives for an interim period of time in the unincorporated areas of the County of Tulare. Adoption of this Interim Ordinance shall require a four-fifths vote and shall be in effect twenty two (22) months and fifteen (15) days from May 3, 2013, expiring on March 18, 2015. Direct the Clerk of the Board to publish the Ordinance within 15 days after passage in the Visalia Times Delta. Adopt the Agenda Item regarding extension of the Interim Zoning Ordinance, as the written report required by Government Code Section 65858 to be adopted ten days prior to the extension of the Interim Urgency Ordinance, and to describe the measures taken to alleviate the conditions which led to the adoption of the Ordinance. Direct the Environmental Assessment Officer of the Tulare County Resource Management Agency to file a Notice of Exemption with the Tulare County Clerk.

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 10)

 

 

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 amendment to Agreement No. 25582 with the California Department of Food and Agriculture, providing additional State subvention in the amount of $181,653.83 to offset additional costs of regulating maturity and freeze damage of all oranges, lemons and mandarins being produced and/or processed in Tulare County. Find that the Board had authority to enter into the proposed amended Agreement as of July 1, 2012, and that it was in the County's best interest to enter into the agreement on that date. Approve the necessary budget adjustments (4/5ths vote required).

Auditor-Controller/Registrar of Voters/Treasurer-Tax Collector

6.                  Review and accept the Certified Statement of Vote as submitted by the Registrar of Voters for the April 9, 2013 Stone Corral Elementary School Recall Election for which the Board of Supervisors is the Governing Body.

Board of Supervisors

7.                  Reappoint Paul Boyer, District 1, Mark Larsen, District 3, and Richard L. Schafer, District 5 to the Tulare County Water Commission for terms ending April 30, 2015.

Resource Management Agency

8.                  Authorize the filing of Notices of Partial Non-Renewal for the following three (3) Land Conservation Contracts as provided in the Williamson Act. All of the requests fulfill conditions resulting from the creation of parcel maps. Approve the execution of amendments to the Land Conservation Contracts as a condition of approval for the aforementioned partial non-renewals.

PNR 09-018 - Williamson Act Contract No. 4925, Ag Preserve No. 1368, located on Avenue 180 southeast of Tulare (John R. Pizura and Monica R. Pizura) (1.49 acres from 39.77 acres to be non-renewed as a condition of PPM 08-047) (39.77 acres in two parcels subject to contract amendment).

PNR 09-021 - Williamson Act Contract No. 4752, Ag Preserve No. 1333, located on Road 84 south of Dinuba (Elden D. Friesen, Gloria J. Friesen) (1.54 acres from 58.47 acres non-renewed as a condition of PPM 09-033) (58.47 acres in two parcels subject to contract amendment).

PNR 09-024 - Williamson Act Contract No. 3363, Ag Preserve No. 550, located on Road 96 west of Pixley (Michelle A. Quillin, Mary J. Quillin, Danny J. Quillin, Jason A. Quillin) (1.5 acres from 108.3 acres non-renewed as a condition of PPM 09-021) (108.3 acres in two parcels subject to contract amendment).

 

9.                  Approve the Federal Fiscal Year 2013 Certifications and Assurances for Federal Transit Administration Assistance Programs. Authorize the Chairman to execute the Affirmation of Applicant signature page, subject to review and approval as to form by County Counsel. Authorize future Chairman to execute the Affirmation of Applicant signature page for up to three (3) subsequent Federal Fiscal Years.

10.             Approve an agreement with West Coast Waste, Inc. to provide wood and green waste recycling services at the County landfills. Delegate the Solid Waste Manager the authority to renew the agreement for one (1) additional year under the same terms and conditions.

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

11.             Request from Information and Communication Technology to approve an agreement with Tyler Technologies, Inc., for the amount of $911,848 to license and implement the Energov 9 Permitting and Land Management System with a term from April 23, 2013 to October 23, 2014. Approve the Personnel Resolution to add the following new positions: one (1) IT Specialist Application Support I/II and one (1) Systems and Procedures Analyst I/II, subject to meet and confer with the union where applicable. Approve the necessary budget adjustments. (4/5ths vote required)

12.             Request from the Treasurer-Tax Collector to approve an agreement with the Bank of the Sierra to establish a new bank account to allow County Departments and Special Districts in outlying areas to deposit directly to the bank. Authorize the Treasurer-Tax Collector, as owner of the account, to sign the original account agreement, pursuant to Government Code Section 53682.

(Closed Session)

 

 

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

 

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 - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (d)(1)]

Name of Case: Sierra Club vs. County of Tulare, et al.

Tulare County Superior Court Case No. 249061

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (d)(1)]

Name of Case: City of Porterville vs. County of Tulare, et al.

Tulare County Superior Court Case No. 249043

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

[Government Code Section 54956.9 (d)(1)]

Name of Case: County of Tulare vs. City of Porterville, et al.

Tulare County Superior Court Case No. 249877

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation [Government Code Section 54956.9 (d)(2)]

Number of Potential Cases: 2

 

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation [Government Code Section 54956.9 (d)(2)]

Number of Potential Cases: 1

Potential Litigation Regarding Opposition to the Tulare County Traffic and Facilities Development Impact Fee Program

Next Item(s) Sitting as...

ITEM F

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Details

[Government Code Section 54956.9 (d)(4)]

Number of Potential Cases: 9

Next Item(s) Sitting as...

ITEM G

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Jeff Cardell, Jean Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected

Next Item(s) Sitting as...