(Public Comment Period)
1.
Board of Supervisors matters.
2.
Public Comments.
9:30 A.M. – TIMED ITEMS
(Timed
Items)
3.
PUBLIC HEARING: Request from Resource Management Agency
to review and receive comments regarding budget adjustments to Community
Development Block Grant No. 14-CDBG-9892 funds and Program Income funds.
Approve shift of funds within the Planning and Technical Assistance Activity.
Authorize payment for a Water Tender with Program Income and/or Grant Funds
only.
4.
PUBLIC HEARING: Request from the Resource Management
Agency to approve a categorical exemption per the General Rule Exemption and
the Class 8 Exemption [14 Cal. Code. Regs. Sections 15061(b)(3) and 15308]
pursuant to the California Environmental Quality Act (CEQA) and the State CEQA
Guidelines. Adopt the Interim Zoning Ordinance prohibiting the establishment of
new or expansion of existing medical marijuana entities, including collectives,
cooperatives, businesses, or other entities engaged in commercial cannabis
activity in the unincorporated areas of the County as an urgency measure pursuant
to Government Code Section 65858. (4/5ths vote required). Approve a summary of
the Ordinance and direct the Clerk of the Board to publish and post the summary
within fifteen (15) days after passage in the Visalia Times Delta in accordance
with Government Code Section 25125(b)(1). Direct the Environmental Assessment
Officer of the Tulare County Resource Management Agency to file a Notice of
Exemption with the Tulare County Clerk. Set a public hearing on September 20,
2016 at 9:30 a.m. Direct the Clerk of the Board to notice such hearing in
accordance with Government Code Section 65858, in order to consider this
ordinance and a proposed extension thereof prior to the expiration of this
ordinance in forty-five (45) days. Direct the Director of RMA, or his designee,
to issue a written report ten (10) days prior to the expiration of the Interim
Ordinance, or to the extension thereof if applicable, describing the measures
taken to alleviate the conditions which led to the adoption of the Ordinance.
5.
PUBLIC HEARING: Request from Resource Management Agency,
based on the findings set forth in “Exhibit A” made a part hereof, deny the
appeal filed by the Dinuba Citizens for Responsible Planning, San Joaquin
Valley Environmental Defense Center, Roger Wazdatskey, and Attorney Richard
Harriman and affirm the Planning Commission’s approval of Final Site Plan No.
PSR 14-005 for the installation of a hard-car unloader, commodities barn and
associated rail spur at an existing Freight Forwarding Terminal (Richard Best
Transfer).
(Consent Calendar)
CONSENT CALENDAR (Numbers 6 through 17)
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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 member or member of the public on any item, that item
will be removed from the Consent Agenda.
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Auditor-Controller/Registrar of
Voters/Treasurer-Tax Collector
6.
Require each candidate for a
local agency office who files a candidate statement for the November 8, 2016
Election to pay in advance the estimated cost of including his or her statement
in the voter’s pamphlet, if advance payment is required by the local agency
pursuant to Election Code Section 13307. The estimated cost will be adjusted
to actual cost upon completion of the Election, and candidates will be refunded
or billed for the difference. Approve the cost estimates for candidate
statements for the non-partisan elective offices for local agencies. Limit
each candidate’s statement to no more than 200 or 400 words, as determined by
resolution of the local agency, for local offices.
7.
Consent to conducting the
Tulare Local Health Care District Special Election and any other election which
may be held within the jurisdiction of said district on Tuesday, August 30,
2016. Authorize the Election Official to perform all necessary and required services
relating to the conduction of the Tulare Local Health Care District Special
Election. Consent to conducting this election and the procedures to be used
while conducting this election, and that the District shall adhere to the
following provisions and those set forth in Section 10400 and following of the
Elections Code. Agree that this individual district shall reimburse the County
in full for the services performed in connection with this election, upon
presentation of a bill from the Election Official to the District. Agree that
the Election Official will prepare a certified statement of the results of the
Election and submit it to the District’s governing body within 30 days of the
Election.
Board of Supervisors
8.
Appoint Alicia Garcia, Seat 4
to the Kings/Tulare Area Agency on Aging Advisory Council for a term ending
December 31, 2019.
9.
Approve sending a letter of
support to the California Water Commission for the Temperance Flat Dam and
Reservoir.
10.
Approve sending a letter of
opposition to the U.S. Department of Interior for the proposal by the Bureau of
Land Management to designate portions of the San Joaquin River as Wild and
Scenic.
11.
Approve sending a letter of
support for AB 1749 to streamline CEQA compliance for a Water Treatment Project
that benefits East Porterville.
Probation
12.
Approve an amendment to
Agreement No. 26288 with WestCare California, Inc. to extend the term of the
agreement to June 30, 2017 in the amount of $250,000 per year to provide
residential and out-patient substance abuse treatment for adult felony
offenders, retroactive to July 1, 2016. Find that the Board had the authority
to enter into the proposed agreement as of July 1, 2016, and that it was in the
County’s best interest to enter into the agreement amendment on that date.
Resource Management Agency
13.
Adopt a finding that
competitive bidding for the work described in Contract Change Order No. 2 for
the Avenue 322 Water Main Extension Project would have been unavailing and
impractical, and would not have produced any public advantage. Approve payment
to Contractor for contract contingencies of $15,660.04 in excess of the contract
bid amount. Accept the work for the construction of Avenue 322 Water Main
Extension Project as complete by JT2 Inc. dba Todd Companies of Visalia,
California. Authorize the Chairman to sign the Notice of Completion. Direct the
Clerk of the Board to have the Notice of Completion recorded with the County
Recorder.
14.
Approve and award the contract
to JT2, Inc. dba Todd Companies of Visalia, California in the amount of
$1,139,056 for the Award Contract for construction of East Porterville
Emergency Water Supply Improvement Well Equipping and Intertie Project.
Authorize the Chairman to sign the contract, subject to review and approval as
to form by County Counsel and upon receipt of certificates of insurance, bonds,
and evidence that the contractor possesses a valid State Contractors License.
Allow funds for contingencies in the amount of $113,906 (10%) to cover
unexpected construction conditions.
15.
Authorize the filing of Notices
of Partial Non-Renewal for the following eight (8) Land Conservation Contracts,
as provided in the Williamson Act. The request fulfills conditions resulting
from five (5) tentative parcel maps and three (3) lot line adjustment maps.
WAN 16-007 – Williamson Act Contract No. 4259, Ag Preserve No. 1115, located
approximately ½ mile west of Road 36 on the north side of Avenue 360, west of
Traver (APN 042-040-019), (New Leaf Cold Storage) (4.82 acres to be non-renewed
as a condition of PLA 16-002) (71.28 acres subject to contract amendment). WAN
16-011 – Williamson Act Contract No. 4853, Ag. Preserve No. 1593, located on
the northeast corner Avenue 48 and Road 164, approximately three miles east of
Earlimart (a portion of APN 319-040-017) (Nick J. and Kathleen S. Canata)
(1.75-acre parcel to be Non-Renewed as a condition of PPM 15-035 and 18.75
acres subject to contract amendment). WAN 16-012 – Williamson Act Contract No.
8295, Ag. Preserve No. 2887, located on the south side of State Highway 137
(Avenue 232), west of Road 148, approximately three miles east of Tulare (a
portion of APN 195-090-043) (Suzanne Fernandes) (7.60-acre parcel to be
Non-Renewed as a condition of PPM 15-029 and 28.62 acres subject to contract
amendment). WAN 16-013 – Williamson Act Contract 3482, Ag. Preserve No. 0944,
located at 42274 Road 114, on the east side of Road 114, approximately 750 feet
south of Avenue 424 south of Avenue 308 and west of Road 60, west of
Cutler-Orosi (APN 021-110-031 & 032) (Randall M. Veeh) (1.13 acres to be
Non-Renewed as a condition of PPM 16-010 and 38.19 acres are subject to
contract amendment). WAN 16-014 – Williamson Act Contract No. 2662, Ag Preserve
No. 0236, located at 7496 Avenue 232, on the north side of Avenue 232,
approximately 500 feet west of Road 76, west of Tulare (APN 160-150-016)
(Meneses - Tri-T Properties, LLC; George Tristao - owner) (1.5 acre to be
Non-Renewed as a condition of PLA 15-039 and 40.04 acres subject to contract
amendment.) WAN 16-015 – Williamson Act Contract No. 6742, Ag. Preserve No.
2237, located at 6852 Avenue 400, on the north side of Avenue 400 (State
Highway 201), east side of Road 68, south of Dinuba (APN 029-290-001) (Martha
Jane Hall) (1.45 acres to be Non-Renewed as a condition of PPM 16-003 and 17.93
acres are subject to contract amendment). WAN 16-017 – Williamson Act Contract
No. 3171, Ag. Preserve No. 0595, located at 14167 Avenue 320, on the south side
of Avenue 320, approximately 1,250 feet east of Road 138, north of Visalia
(APN: 108-140-033) (Jean S. Jones, Co-Trustee & Sarah K. Hart, Co-Trustee)
(1.89 acres to be Non-Renewed as a condition of PPM 16-001 and 37.29 acres are
subject to contract amendment). PNR 15-024 – Williamson Act Contract No. 4649,
Ag Preserve No. 1267, located at 32492 Road 168, on the northeast corner of
Road 168 and Avenue 324, east of Ivanhoe (APNs 110-070-042 & 043) (Richard
Moss) (±19.53 acres to be Non-Renewed as a condition of PLA 15-027). Approve
the execution of amendments to the Land Conservation Contracts as conditions of
approval for the aforementioned Partial Non-Renewals. Approve the execution of
an amendment to one (1) additional Land Conservation Contract as required by a
condition of approval for the following project. PLA 15-027 – Williamson Act
Contract No. 9594, Agricultural Preserve No. 3294, located at 32492 Road 168,
on the northeast corner of Road 168 and Avenue 324, east of Ivanhoe (APN
110-070-048) (Old APNs 110-070-034 & 043) (McCarthy) (39.53 acres subject to
contract amendment).
16.
Approve the Fiscal Year
2016/2017 Operating Budget for the Seville Water Company. Approve the
necessary budget adjustments (4/5ths vote required).
Solid Waste
17.
Request from Solid Waste to
accept the Notice of Termination Letter for Agreement No. 26689-B with Peña’s
Disposal, Inc. for construction and demolition debris recycling services at
County landfills, effective September 20, 2016.
(Items Not Timed)
(Closed Session)
CLOSED SESSION
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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.
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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
Significant Exposure to Litigation [Government
Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
Continued Public Hearing for Appeal by Dinuba
Citizens for Responsible Planning, San Joaquin Valley Environmental Defense
Center, and Roger Wazdatskey of Final Site Plan No. PSR 14-005 for Richard Best
Transfer; See public Board of Supervisors Agenda 08/16/16
ITEM B
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation [Government
Code Section 54956.9(d)(2)]
Number of Potential Cases: 2
Public Hearing regarding budget adjustments to
Community Development Block Grant No. 14-CDBG-9892 funds and Program Income
funds; See Board of Supervisors Agenda for 8/16/16
ITEM C
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation [Government
Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
Board of Supervisors Agenda Item today
pertaining to interim ordinance prohibiting the establishment of new or
expansion of existing medical marijuana entities.
ITEM D
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation [Government
Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
ITEM E
CONFERENCE WITH LEGAL
COUNSEL – INITIATION OF LITIGATION
[Government Code Section 54956.9(d)(4)]
Number of Potential Cases: 1
ITEM F
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: Department of Transportation v.
Frances V. Lazarus, et al.
Tulare County Superior Court Case No. 265263
ITEM G
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: Moreno v. Visser Ranch, Inc.
ITEM H
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: Frank Zaragoza v. County of
Tulare
Workers’ Compensation Appeals Board No.
ADJ10027877
ITEM I
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: Tulare Pediatric Health Care
Center FQHC v. Department of Health Care Services
Office of Administrative Hearings Case No.
FQ14-0610-718G-JP
ITEM J
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: County of Tulare v. Public
Employment Relations Board
5th District Court of Appeals Case No. F071240
ITEM K
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: SEIU Local 521 v. County of
Tulare
Public Employment Relations Board Case No.
SA-CE-894-M
ITEM L
CONFERENCE WITH LABOR
NEGOTIATOR
Agency Designated Representative: Rhonda
Sjostrom, Michael C. Spata
Employee Organization: All Certified Employee
Organizations
Unrepresented Employees: All Unrepresented
Employees
