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 Vice Chairman District Five
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Board of Supervisors
Agenda |
MICHAEL C. SPATA Interim County Administrator
KATHLEEN BALES-LANGE County Counsel
Chief Clerk
ADMINISTRATION BUILDING 2800 W. Burrel Avenue Visalia, CA 93291 (559) 636-5000 FAX (559) 733-6898 |
9:00 A.M. Board Convenes
Board of Supervisors Chambers
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. Board of Supervisors matters.
2. Request from Health and Human Services Agency to designate the month of November 2015 as Adoption Awareness Month in Tulare County. Support the goals and ideal 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.
(Timed Items)
4. PUBLIC HEARING: Request from Resource Management Agency to certify that the Board of Supervisors has reviewed and considered the information contained in the Initial Study/Mitigated Negative Declarations is applicable to the General Plan Amendment, associated Zoning Ordinance Amendments and the Complete Streets Policy Plan for the Ducor and Terra Bella Community Plan 2015 Updates. Adopt the Initial Study/Mitigated Negative Declarations, as being in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, including CEQA findings, and the Mitigation Monitoring Reporting Program for various projects in the Ducor Community Plan Update and the Terra Bella Community Plan Update. Adopt the findings of approval set forth in Planning Commission Resolutions Nos. 9117 and 9123 (CEQA), Nos. 9119, 9120, 9121, 9125, 9126, and 9127 (Zoning Ordinance), Nos. 9118 and 9124 (Community Plans), Nos. 9122 and 9128 (Complete Streets Policy Plan Ducor & Terra Bella) and No. 9129 (General Plan Amendment No. 2015-C). Adopt the entirety of all the above findings and actions as one General Plan Amendment No. 2015-C; the third General Plan Amendment of 2015. Waive the final reading and adopt an amendment to the Tulare County Zoning Ordinance 352 pertaining to Section 18.9 The Mixed Use Combining Zone; to Section 16 To allow additional by-right uses; and to rezone properties consistent with the Ducor Community Plan 2015 Update and the Terra Bella Community Plan 2015 Update. Authorize the Chairman to sign any and all necessary zoning changes under Ordinance 352, and specifically changes to Sections 18.9 and Section 16. Direct the Clerk of the Board to publish the summary of the ordinance amendments and amended zoning map as required by law. Direct the Environmental Assessment Officer, or designee, of the Tulare Resource Management Agency to file both Notices of Determination with the Tulare County Clerk. Authorize the Director of the Resource Management Agency, or designee, to make appropriate technical revisions to the General Plan Amendment, Community Plans, and associated project documents. Approve more detailed findings contained in Exhibit A.
(Consent Calendar)
CONSENT CALENDAR (Numbers 5 through 19)
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 member or member of the public on any item, that item will be removed from the Consent Agenda. |
Auditor-Controller/Registrar of Voters/Treasurer-Tax Collector
5. Establish the 2015/16 Gann Appropriations Limit for the County to be $3,602,230,988.
6. Ratify Proclamation honoring the 120th Anniversary of the Dinuba Women's Club.
7. Appoint Larry Micari, Tulare County Sheriff Department to the Step Up Committee for a term ending September 1, 2018.
8. Appoint Mary Alice Escarsega-Fechner, Business Community to the Step Up Committee for a term ending September 1, 2017.
County Administrative Office/General Services
9. Ratify actions by the County Administrative Officer during the month of September 2015 including executing one agreement retroactive to July 2015. Find that the activities funded pursuant to the good works funding agreements are necessary to meet the social needs of the residents of Tulare County.
10. Approve an operating transfer from the TRAN Fund in the amount of $2.3 million to Capital Projects for the acquisition of property. Approve the necessary budget adjustments (4/5ths vote required).
11. Approve a resolution constituting the Order to Transfer the Territory of the Citrus South Tule School District to the Porterville Unified School District. Approve the Form BOE-400-TA "Statement of Boundary Change." Direct the Clerk to file certified copies of the resolution, Form BOE-400-TA, and required attachments with the State Board of Equalization, the Assessor, the Auditor-Controller/Treasurer-Tax Collector, the State Superintendent of Public Instruction, and the County Superintendent of Schools.
12. Approve the Memorandum of Understanding with Angiola Water District, City of Porterville, Deer Creek Storm Water District, Delano-Earlimart Irrigation District, Lower Tule River Irrigation District, Pixley Irrigation District, Porterville Irrigation District, Saucelito Irrigation District, Teapot Dome Water District, Terra Bella Irrigation District, Vandalia Water District, and the County of Tulare to prepare and enter into a Sustainable Groundwater Management Act Coordination Agreement and to establish Groundwater Sustainability Agencies covering the Tule Sub-basin, retroactive to September 1, 2015. Find that the Board had authority to enter into the Memorandum of Understanding as of September 1, 2015, and that it was in the Countys best interest to enter into the Memorandum of Understanding on that date.
13. Approve the Memorandum of Understanding with Kaweah Delta Water Conservation District, California Water Service, Kings County Water District, Lakeside Irrigation District, and the County of Tulare to form the Greater Kaweah Groundwater Sustainability Agency.
14. Approve an amendment to Lease Agreement No. 19988 with Stapleton Group, Plan Administrator for Ennis Commercial Properties, LLC to extend the term of the agreement for 10 years commencing January 10, 2016 for space located at 1055-1061 W. Henderson, Porterville, CA.
15. Approve a Ground Lease Agreement and all exhibits thereto with the State of California for the South County Detention Facility, as required by the AB 900 Financing Guidelines. Authorize the Chairman of the Board to execute the agreement, all exhibits thereto, and any other documents necessary to execute the Ground Lease Agreement, upon receipt from the State of California. Direct the Clerk of the Board to have the Ground Lease and all Exhibits thereto recorded with the County Clerk-Recorder. Authorize the Chairman of the Board to execute an Easement Deed for ingress, egress to and from a storm drain reservoir and related appurtenances at the proposed South County Detention Facility. Authorize the Chairman of the Board to execute an Easement Deed for ingress, egress and for the maintenance, repair, and replacement of a storm drain reservoir, pipeline, and related appurtenances at the proposed South County Detention Facility. Direct the Clerk of the Board to return the executed and notarized Easement Deeds to Property Management for transmittal to the City of Porterville.
16. Introduce and waive the first reading of an amendment to the Ordinance Code of Tulare County for Solar Energy Requirements for Residential Subdivisions. Approve the Ordinance Amendment Summary and direct the Clerk of the Board to publish such Summary and to post a certified copy of the complete ordinance five (5) days prior to the Ordinance Amendment adoption date (November 17, 2015), as required by Section 25124 et. seq. Set the Public Hearing for November 17, 2015 at 9:30 a.m. or as shortly thereafter as can be heard.
17. Introduce and waive the first reading of an Amendment to the Ordinance Code of Tulare County for Limitations Pertaining to Diesel-Fueled Commercial Motor Vehicle Engine Idling. Approve the Ordinance Amendment Summary and direct the Clerk of the Board to publish such Summary and to post a certified copy of the complete ordinance five (5) days prior to the Ordinance Amendment adoption date (November 17, 2015), as required by Section 25124 et. seq. Set the Public Hearing for November 17, 2015 at 9:30 a.m. or as shortly thereafter as can be heard.
18. Approve a capital asset purchase for a walk-through metal detector not to exceed $7,000 and a decorative sandblasting kit not to exceed $6,000. Approve the necessary budget adjustments (4/5ths vote required).
19. Approve an agreement with Fresno County Sheriff-Coroner's Department to provide High Intensity Drug Trafficking Area funding for staff participating in the Task Force, effective upon signature of both parties and remaining in force until grant funds are depleted.
(Items Not Timed)
Items not specifically timed may be taken in any order
20. Presentation given by Health and Human Services Agency on the Non-potable Water Household Tank Program, historical drought costs, and costs of red-tagging properties. Provide guidance to staff on any expansion of the Household Tank Program to rental properties in the County.
21.
22. Request from County Administrative Office to approve the Joint Powers Agreement between Fresno, Kings, Madera, Merced, and Tulare counties creating the San Joaquin Valley Water Infrastructure Authority.
(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 closed session will be made in accordance with Government Code section 54957.1. |
It is the intention of the Board to meet in closed session concerning:
Sitting as the Tulare County Board of Supervisors
CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION
Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 2
Terra Bella and Ducor Community Plan updates; see public agenda item
CONFERENCE WITH LEGAL COUNSEL INITIATION OF LITIGATION
[Government Code Section 54956.9(d)(4)]
Number of Potential Cases: 5
CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: County of Tulare v. SEIU Local 521
PERB UPC Nos. SA-CO-120-M & SA-CE-894 (Consolidated Cases)
PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
(Government Code Section 54957)
FOR THE POSITION OF: County Administrative Officer
CONFERENCE WITH LABOR NEGOTIATOR
(Government Code Section 54957.6)
Agency Designated Representative: Rhonda Sjostrom, Michael Spata
Employee Organization: All Certified Employee Organizations
Unrepresented Employees: All Unrepresented Employees