MEMBERS OF THE BOARD
ALLEN ISHIDA – Vice Chairman District One
PETE VANDER POEL District Two
PHILLIP A. COX District Three
J. STEVEN WORTHLEY District Four
MIKE ENNIS – Chairman District Five
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Board of Supervisors
Agenda |
MICHAEL C. SPATA 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.
(Timed Items)
3. PUBLIC HEARING: Request from the Resource Management Agency to deny the appeal filed by the Springville Citizens for Responsible Growth, Brad Dunlap, and Attorney Alex M. Peltzer and affirm the Planning Commission's approval of Final Site Plan No. PSR 15-006 and Special Use Permit PSP 16-006 for the Dollar General Store (Embree Asset Group) located within the Tule River Development Corridor of the Foothill Growth Management Plan of the General Plan.
(Consent Calendar)
CONSENT CALENDAR (Numbers 4 through 12)
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. |
4. Approve the purchase of software, hardware and fixed assets to upgrade equipment at the Department of Child Support Services. Authorize the necessary budget adjustments (4/5ths vote required)
County Administrative Office/General Services
5. Reaffirm the lack of water supply for East Porterville declared by the Board of Supervisors on June 14, 2016 is a continuing emergency.
6. Approve a budget adjustment in the amount of $352,042 for the East Porterville Well Project for the period of July 1, 2016 through June 30, 2017 (4/5ths vote required).
7. Approve an agreement for Sale of Real Property identified as Assessor's Parcel Number is 075-260-026 to D&R Land Holding, LLC. in Goshen for a price of $24,400. Authorize the Property Manager, or designee, to open an escrow and sign all documents to facilitate the escrow for this sale of property. Approve the Notice of Exemption and direct the Environmental Assessment Officer to file the Notice with the Tulare County Clerk.
8. Approve the distribution of AB 109 Base Funding estimated at $17,042,766 for Fiscal Year 2016/2017. Approve the distribution of AB 109 Base Restoration Funding of $832,420.50 and AB 109 Growth Funding of $1,395,446.96 from Fiscal Year 2014/2015.
9. Approve an agreement with the California Department of Transportation for the purchase of an electric plugin hybrid vehicle in an amount not to exceed $26,000.
10. Authorize and direct the Chairman of the Board (“Authorized Representative”), or designee, to sign and file, for and on behalf of the Entity, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of the Seville Water Distribution System, Phase 1 (the “Project”). Agree that if the application for funding is approved, the County will comply with all applicable State and Federal statutory and regulatory requirements related to any financing or financial assistance received and will use the funds for eligible activities in the manner presented in the application as approved by the State Water Resources Control Board.
11. Approve a capital asset purchase of a digital printer and laminator in an amount not to exceed $28,000. Authorize the necessary budget adjustments (4/5ths vote required).
12. Approve an amendment to Agreement No. 19966 with EBA Engineering to extend the term of the agreement to December 31, 2020, in an amount not to exceed $,083,884 for providing Visalia Landfill CQA, design, and permitting services. Approve the necessary budget adjustments (4/5ths vote required).
(Items Not Timed)
Items not specifically timed may be taken in any order
13. Receive an update from the Resource Management Agency on the progress made to remove Tree Mortality Hazard Trees within the Balch Park Road/Bear Creek Road project area. Direct the County Administrative Officer to sign all documents associated with the implementation of the Tree Mortality Plan.
14. Receive an update from the County Administrative Office on the Kings River East Groundwater Sustainability Agency formation. Appoint Supervisor Worthley as Director and appoint a Supervisor as an Alternate Director to the Groundwater Sustainability Agency Board.
15. Request from the County Administrative Office to approve the Local Agency Management Program for Onsite Wastewater Treatment Systems. Direct Staff to submit the Local Agency Management Plan to the Central Valley Regional Water Quality Control Board.
(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: 1
Board of Supervisors Public Agenda Item today pertaining to the Appeal of the Planning Commission approval of Final Site Plan No. PSR 15-006 and Special Use Permit No. PSP 16-006 for a Dollar General Store (Embree Asset Group)
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 35
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
Dispute with Papich Construction regarding patching Road 48 and Avenue 432
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: Cuevas vs. Tulare County, et al.
Superior Court of California, County of Tulare Case No. 255143
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: Martinez, Maria Eva v. Tulare County, San Diego County and DOES 1-100
United States District Court, Eastern District of California 1:16-cv-01140-DAD-SKO
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: Charlie Romero v. County of Tulare
Workers’ Compensation Appeals Board Nos.: ADJ7320891, ADJ7320900, ADJ7320901, ADJ7320902, ADJ7689438
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: Karen Villarreal v. County of Tulare
Workers’ Compensation Appeals Board Nos.: FRE0193098, FRE0193099
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
CONFERENCE WITH LABOR NEGOTIATOR
(Government Code Section 54957.6)
Agency Designated Representative: Rhonda Sjostrom, Michael C. Spata
Employee Organization: All Certified Employee Organizations
Unrepresented Employees: All Unrepresented Employees.