MEMBERS OF THE BOARD
ALLEN ISHIDA – Vice Chairman
PETE VANDER POEL
PHILLIP A. COX
J. STEVEN WORTHLEY
MIKE ENNIS – Chairman
Board of Supervisors
MICHAEL C. SPATA
2800 W. Burrel Avenue
Visalia, CA 93291
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)
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).
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.
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.
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.
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).
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)
NOTICE TO THE PUBLIC
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.
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
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
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.
Number of Potential Cases: 1
Number of Potential Cases: 1
Name of Case: Department of Transportation v. Frances V. Lazarus, et al.
Tulare County Superior Court Case No. 265263
Name of Case: Moreno v. Visser Ranch, Inc.
Name of Case: Frank Zaragoza v. County of Tulare
Workers’ Compensation Appeals Board No. ADJ10027877
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
Name of Case: County of Tulare v. Public Employment Relations Board
5th District Court of Appeals Case No. F071240
Name of Case: SEIU Local 521 v. County of Tulare
Public Employment Relations Board Case No. SA-CE-894-M
Employee Organization: All Certified Employee Organizations
Unrepresented Employees: All Unrepresented Employees