(Public Comment Period)
1.
Board of Supervisor matters.
2.
Public Comments.
9:30 A.M. – TIMED ITEMS
(Timed
Items)
3.
PUBLIC HEARING: Request from Resource Management Agency
to find there is no substantial evidence that the ordinance will have a
significant effect on the environment and that a Notice of Exemption for said
ordinance reflects the independent judgment of the County and has been
completed in compliance with the California Environmental Quality Act and the
State Guidelines for the Implementation of the California Environmental Quality
Act of 1970, as amended. Direct and authorize the Tulare County Environmental
Officer, or designee, to file the Notice of Exemption as provided by CEQA.
Waive the second reading and adopt an ordinance amending Chapter 15 of Part VII
and Chapter 21 of Part I of the Ordinance Code pertaining to building
regulations and the Fire Chief’s authority in of Tulare County. Direct the
Clerk of the Board to publish the summary of the ordinance and post a full copy
of the complete ordinance after adoption as required by law.
4.
PUBLIC HEARING: Request from Resource Management Agency
to consider the vacation of a portion of excess right of way of Old Highway 99
north of Avenue 16 and south of Earlimart, more particularly described in the
Legal Description. Determine that said portion of excess right of way is
unnecessary for present or prospective use and the vacation is in the public
interest. Order that said excess right of way be and is hereby vacated,
reserving and excepting therefrom an easement and right necessary to maintain,
operate, replace, remove, or renew public utility facilities, and restricting
therefrom access over and across the southerly 77.25 feet of said excess right
of way. Determine that the vacation is exempt from the California Environmental
Quality Act (CEQA) pursuant to the adopted State of California CEQA Guidelines
Section 15061(b)(3) and direct the Environmental Officer to sign and file a
Notice of Exemption with the Tulare County Clerk. Direct the Clerk of the Board
to cause a certified copy of the Resolution to be recorded in the Office of the
Tulare County Assessor Clerk/Recorder.
5.
PUBLIC HEARING: Request from Resource Management Agency
to consider the vacation of excess, unnamed right of way between Road 227 and
Griswold Avenue in Lindcove, more particularly described in the Legal
Description. Determine that said excess right of way is unnecessary for present
or prospective use and the vacation is in the public interest. Order that said
excess right of way be and is hereby vacated, reserving and excepting therefrom
an easement and right necessary to maintain, operate, replace, remove, or renew
public utility facilities. Determine that the vacation is exempt from the
California Environmental Quality Act (CEQA) pursuant to the adopted State of
California CEQA Guidelines Section 15061(b)(3) and direct the Environmental
Officer to sign and file a Notice of Exemption with the Tulare County Clerk.
Direct the Clerk of the Board to cause a certified copy of the Resolution to be
recorded in the Office of the Tulare County Assessor Clerk/Recorder.
6.
PUBLIC HEARING: Request from Resource Management Agency
to consider the vacation of portions of excess right of way of Alleys of Tract
92, more particularly described in the Legal Description. Determine that said
portions of excess right of way of Alleys are unnecessary for present or
prospective use and the vacation is in the public interest. Order that said
excess right of way of Alleys be and are hereby vacated, reserving and
excepting therefrom an easement and right necessary to maintain, operate,
replace, remove, or renew public utility facilities. Determine that the
vacation is exempt from the California Environmental Quality Act (CEQA)
pursuant to the adopted State of California CEQA Guidelines Section 15061(b)(3)
and direct the Environmental Officer to sign and file a Notice of Exemption with
the Tulare County Clerk. Direct the Clerk of the Board to cause a certified
copy of the Resolution to be recorded in the Office of the Tulare County
Assessor Clerk/Recorder.
7.
PUBLIC HEARING: Request from Resource Management Agency
to approve a nonproject exemption (14 Cal. Code. Regs. § 15378), a general rule
exemption (14 Cal. Code. Regs. § 15061(b)(3), and a Class 8 Categorical
Exemption, (14 Cal. Code. Regs. § 15308) pursuant to the California
Environmental Quality Act (CEQA) and the State CEQA Guidelines. Adopt the
Interim Zoning Ordinance prohibiting all commercial nonmedical marijuana
activity in the unincorporated areas of the County, prohibiting outdoor
nonmedical marijuana cultivation on private residences in the unincorporated
areas of the County, and prohibiting indoor cultivation of nonmedical marijuana
in the unincorporated areas of the County, except indoor cultivation that
complies with certain reasonable regulations, as an urgency measure pursuant to
Government Code sections 23123, 25131, and 65858. (4/5ths vote). 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 25124(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. Direct staff to set a public
hearing for January 17, 2017 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.
(Consent Calendar)
CONSENT CALENDAR (Numbers 8 through 50)
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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
8.
Review and accept the Certified
Statement of Vote as submitted by the Registrar of Voters for those
Offices/Measures for which the Board of Supervisors is canvassing the returns
of the election.
Board of Supervisors
9.
Reappoint Judy A. Silicato,
District 2 - Regular Commissioner and Irene Rodriguez, Tenant Commissioner to
the Housing Authority for terms ending December 18, 2020.
10.
Reappoint Russell Burke, Member
County Bar and Rajesh Chabra, Member - Board of Supervisors or Designee to the
Law Library Board for terms ending December 31, 2017.
11.
Appointment in Lieu of Election
for a term ending December 4, 2020:
Tulare Memorial
District
Genouveo
“Gene” Sustaita – Director 3
12.
Ratify the proclamation
honoring Chris Kapheim for his service to Alta Irrigation District and on the
Tulare County Water Commission.
County Administrative Office/General
Services
13.
Ratify actions by the County
Administrative Officer during the months of October and November 2016. 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.
14.
Reaffirm the lack of water
supply for East Porterville declared by the Board of Supervisors on June 14,
2016 is a continuing emergency.
15.
Approve a Joint Powers
Agreement with the City of Porterville, Porterville Irrigation District,
Saucelito Irrigation District, Teapot Dome Water District, Vandalia Water
District, Terra Bella Irrigation District, and Kern-Tulare Water District to
form the East Tule Groundwater Sustainability Agency. Authorize the Chairman
to execute the agreement. Appoint Supervisor Ennis as Director and appoint an
Alternate Director to the JPA Board.
16.
Approve the tax increment
payment subordination for 2016 Tax Allocation Refunding Bond for the City of
Tulare Merger Redevelopment Projects.
17.
Approve an agreement with the
Kaweah Delta Water Conservation District to release Tulare County's interest in
506 acres of property in an amount not to exceed $60,720.
18.
Ratify the signature of the
Chairman of the Board of Supervisors on the Project Scope Summary regarding the
Sequoia Field Program Facility, SB 1022 Project, retroactive to November 2,
2016. Find that the Chairman of the Board had the authority to sign the Project
Scope Summary on behalf of the Board of Supervisors as of November 2, 2016, and
that it was in the County’s best interest to sign the Project Scope Summary on
that date.
19.
Accept the Review Committee’s
Scoring for the Property & Evidence Relocation Project Design-Build
Bridging Document Request for Qualifications. Direct the project ad hoc
committee to proceed with negotiations with the highest-rated respondent,
Arrington-Watkins Architects, at the next scheduled committee meeting.
District Attorney
20.
Approve an agreement with Keck
Medical Center of University of Southern California in an amount not to exceed
$40,000, retroactive to October 1, 2016 through September 30, 2017. Find that
the Board had authority to enter into the proposed agreement as of October 1,
2016 and that it was in the County's best interest to enter into the agreement
on that date.
21.
Approve a capital asset
purchase of one vehicle in an amount not to exceed $33,200. Approve the
necessary budget adjustments (4/5ths vote required).
22.
Ratify and approve an agreement
for acceptance of grant funding from the Insurance Commissioner of the State of
California for the Automobile Insurance Fraud Prosecution Program in an amount
not to exceed $180,000, retroactive to July 1, 2016 through June 30, 2017.
Ratify and approve the District Attorney’s signature on the agreement. Find
that the Board had 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
on that date. Direct the Board Clerk to prepare a certified copy of the
resolution for the District Attorney’s Office.
23.
Approve an amendment to
Agreement No. 27097 with the California Victim Compensation Board to accept
additional funding in an amount not to exceed $6,600 to support the Victim
Witness Program, retroactive to July 1, 2015 through June 30, 2018. Find that
the board had authority to enter into the proposed agreement as of July 1 2015,
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).
24.
Approve an agreement with the
California Governor’s Office of Emergency Services to fund the Human
Trafficking Advocacy Program in an amount not to exceed $86,323, for the period
October 1, 2016 through September 30, 2017. Authorize the County
Administrative Officer, or his designee, to sign the Certification of Assurance
of Compliance.
Fire Department
25.
Accept grant funding from the
Firehouse Subs Public Safety Foundation Grant in an amount not to exceed
$9,250. Approve a capital asset purchase of one East Coast Rescue Solutions
Forcible Entry Door Simulator. Authorize the Purchasing Agent to waive the bid
process and purchase directly from East Coast Rescue Solutions. Approve the
necessary budget adjustments (4/5ths vote required).
26.
Approve the submission of a
grant application for a Federal Emergency Management Agency Assistance to
Firefighters Grant to purchase three (3) commercial grade washer/extractors in
an amount not to exceed $85,910. Authorize the Fire Chief, or his designee, to
sign and electronically submit the grant application.
Health & Human Services Agency
27.
Authorize the acceptance of
$150,000 from Kings County as a result of the cost share agreement for Suicide
Prevention Task Force operations and continuing projects for Fiscal Year
2016/2017. Approve the necessary budget adjustments (4/5ths vote required).
28.
Approve the State Contractor
Certification Clause and the Federal Contractor Certification forms with the
California Department of Education, Nutrition Services Division that will allow
Tulare County Health & Human Services Agency to receive the contract for the
2017 Summer Food Service Program.
29.
Approve an agreement with the
California Department of Public Health, Office of AIDS, for the AIDS Drug
Assistance Program in an amount not to exceed zero dollars, retroactive to July
1, 2016 through June 30, 2019. Find that the Board had 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 on that date.
30.
Accept the amended award for
funding from the California Department of Public Health, Tuberculosis Control
Branch, to support tuberculosis prevention and control in an amount not to
exceed $115,874, retroactive to July 1, 2016 through June 30, 2017. Find that
the Board had the authority to accept the award as of July 1, 2016 and that it
was in the County’s best interest to accept the award on that date.
Human Resources & Development
31.
Approve an amendment to
Agreement No. 27461 with Chimienti & Associates Insurance Services
extending the agreement to perform administrative services related to the
Tulare County Section 125 Plan for the period of January 1, 2017 through June
30, 2017.
32.
Approve changes to Job
Classifications in order to comply with the new regulations under the Fair
Labor Standards Act. Find that the Board had authority to authorize such
changes effective November 27, 2016 and that it was in the County's best
interest to approve such Job Classification changes on that date.
In-Home Supportive Services Public
Authority
33.
Approve the decrease of $0.02
in Administrative Costs on the Public Authority/Non-Profit Consortium Rate
Change Request.
Probation
34.
Authorize a retroactive
Professional Services agreement for training services rendered by Northpointe,
Inc.
35.
Approve an amendment to
Agreement No. 26492 with B.I. Incorporated, d.b.a B.I. Correctional Services,
Inc. to extend the term of the agreement, retroactive to July 1, 2016 through
June 30, 2017. Find that the Board of Supervisors had the authority to approve
the amendment as of July1, 2016, and that it was in the County's best interest
to amend the agreement as of that date.
36.
Ratify and approve an agreement
with the United States Department of Justice to participate in the Federal
Equitable Sharing Program, retroactive to July 1, 2016 through June 30, 2017.
Find that the Board had 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 on that date.
Resource Management Agency
37.
Accept the work for the
construction of the Various Stop Controlled Intersections Safety Improvement
Project as complete by Avison Construction, Inc. of Madera, 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.
ADJOURN AS
THE TULARE COUNTY BOARD OF SUPERVISORS AND CONVENE AS THE TULARE COUNTY FLOOD
CONTROL DISTRICT
38.
Accept the work for the
construction of the Sontag Ditch Improvements Project as complete by JT2 Inc.
DBA Todd Companies of Visalia, California. Approve the release of the 5%
retention as final payment to contractor in an amount not to exceed $4,137.99.
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.
ADJOURN AS
THE TULARE COUNTY FLOOD CONTROL DISTRICT AND RECOVENE AS THE TULARE COUNTY
BOARD OF SUPERVISORS
39.
Approve a Categorical Exemption
consistent with the California Environmental Quality Act (CEQA) Title 14
California Code of Regulations, Section 15061(b)(3) general rule exemption.
Find there is no substantial evidence that the proposed activity will have a
significant effect on the environment and determine that the Categorical
Exemption is consistent with the California Environmental Quality Act (CEQA)
Title 14 California Code of Regulations, Section 15061(b)(3) general rule
exemption, that was prepared for the project reflects the independent judgment
of the County and has been completed in compliance with the California
Environmental Quality Act of 1970. Direct the Environmental Assessment Officer
of the Tulare County Resource Management Agency, or his designee, to file a
Notice of Exemption with the Tulare County Clerk. Prohibit motor vehicles from
stopping at any time or parking on the south side of Avenue 54 (Center Avenue)
in front of Alpaugh Unified School District, at the west entrance and east exit
of two driveways, by establishing a “No Stopping Anytime” and “No Parking”
zone. Authorize the installation of “No Stopping Any Time” signs, and establish
a “No Parking” zone by painting red approximately 25 feet of curb at the west
entrance driveway and 25 feet of curb at the east exit driveway in front of the
school.
40.
Approve the “London Annual
Christmas Parade” to be held on Saturday, December 10, 2016 from 12:00 p.m. to
3:00 p.m. in and near the community of London. Approve the “London Annual
Christmas Parade” to be an on-going event for future years until such time as
conditions of the event and/or the location change, and subject to timely
submittals of complete application for each annual event.
41.
Approve an agreement with Setton
Properties, Inc. for the irrevocable right and easement to discharge drainage
and stormwater runoff from county roads into a ponding basin or surface drain
stormwater on private property. Authorize the Chairman to sign the Drainage
Agreement. Direct the Clerk of the Board of Supervisors to forward the
agreement to the County Recorder for recordation.
42.
Authorize the capital asset
purchase of a new 3 axle water truck for the Dinuba Road Maintenance Facility,
Public Works Department of the Resource Management Agency. Authorize Resource
Management Agency – Public Works to seek bids through the County Purchasing
Department for the purchase of a new 3 axle water truck. Approve the necessary
budget adjustments (4/5ths vote required).
43.
Reaffirm the Categorical
Exemption prepared pursuant to the California Environmental Quality Act (CEQA)
and the State CEQA Guidelines (Declared Emergency/Emergency Project Exemption
per Public Resources Code Sec. 21080(b)(2)-(4) & State CEQA Guidelines
Secs. 15269(a)-(c) & 15359 and Categorical Exemption for New Construction
or Conversion of Small Structures per State CEQA Guidelines Sec. 15303), for
the Monson Community Well and Water Distribution System Project. Approve the
Plans, Specifications, Proposal and Contract (“Bid Documents”) for the
construction of the Monson Community Well and Water Distribution System
Project. Authorize the Chairman of the Board of Supervisors to sign the Plans
and Specifications. Approve the advertisement for bids of the Monson Community
Well and Distribution System Project.
44.
Accept an Oral Funding Agreement
from the State Water Resources Control Board for Clean-up and Abatement Account
Interim Emergency Drinking Water Drought Funds for $50,000 to purchase
emergency bottled drinking water for the residents of the community of Seville.
Authorize retroactive billing for vendor invoices and staff time to the date of
the approval of funding which is November 4, 2016. Authorize and direct the
Resource Management Agency (RMA) Director, or designees, to sign funds
requests, progress reports and any other forms or reports pertaining to this
agreement. Authorize staff to amend a funding request submitted on October 25,
2016 for $126,000 to $252,000 in order to continue the Seville bottled water
program. Authorize the Tulare County Auditor to make a budget adjustment, as
summarized on the AUD 308 Budget Adjustment Form (4/5th vote required).
45.
Approve the execution of
amendment to the following one (1) Land Conservation Contract, as provided in
the Williamson Act. The request fulfills conditions resulting from one (1) Lot
Line Adjustment Map. Williamson Act Land Conservation Contract No. 8625, Ag.
Preserve No. 2995, located on the southeast corner of Avenue 244 and Road 152,
east of Tulare (APN 152-130-010 and 152-130-014) (Michael E. Brown, Sr. and
Patricia Diane Brown) (18.95 acres to be Amended as a condition of PLA 16-020).
46.
Authorize the filing of Notices
of Partial Non-Renewal for the following four (4) Land Conservation Contracts,
as provided in the Williamson Act. The request fulfills conditions resulting
from two (2) lot line adjustment maps and two (2) tentative parcel maps: WAN
16-024 – Williamson Act Contract No. 05840, Ag Preserve No. 2057, located at
12093 Avenue 400, on the southeast corner of Avenue 400 (State Route 201) and
Road 120, south of Cutler (APNs 033-110-023 & 033-110-024) (Nancy Bellin)
(1.20 acres to be Non-Renewed as a condition of PLA 16-021) (16.65 acres are
subject to contract amendment). WAN 16-025 – Williamson Act Contract No. 5012,
Ag. Preserve No. 1064, located at 43201 Road 160, on the west side of Road 160,
north of Avenue 420 (APNs 035-020-042 & 043) (Ron Orlopp) (6.37 acres to be
Non-Renewed as a condition of PPM 16-023) (287± acres are subject to contract
amendment). WAN 16-027 – Williamson Act Contract No. 8080, Ag. Preserve No.
2721, located at 2421 West Oakmore Avenue, on the south side of Avenue 256
(Oakdale Avenue), approximately 1,300 feet east of Road 84, north of the City
of Tulare (APN 149-110-002) (Richard T. & Clare D. Gist) (1.49 acres to be
Non-Renewed as a condition of PPM 16-022) (77.67± acres are subject to contract
amendment). WAN 16-028 – Williamson Act Contract No. 5480, Ag. Preserve No.
1921, located at 23351 Lomitas Drive, on the south side of Lomitas Drive, east
of Road 228, northwest of Lemon Cove (APN 064-110-009) (Geneva E. Shannon)
(5.45-acres to be Non-Renewed as a condition of PLA 15-028) (35.00 acres are
subject to contract amendment). Approve the execution of amendments to the Land
Conservation Contracts as conditions of approval for the aforementioned Partial
Non-Renewals. Authorize the filing of amendments to Land Conservation Contracts
as a condition of approval for one applicant-initiated lot line adjustment:
Williamson Act Contract No. 5481, Agricultural Preserve No. 1921, located on
the north and south sides of Lomitas Drive, east of Road 228, northwest of
Lemon Cove (APNs 064-110-009, -011, 020) (Geneva E. Shannon and Citrus Heights
Ranch LLC) 26.75 acres in two parcels subject to contract amendment as a
condition of PLA 15-028. Williamson Act Contract No. 4925, Agricultural
Preserve No. 1368, located on the north side of Lomitas Drive, east of Road
228, northwest of Lemon Cove (APN 064-040-018) (David A. DeSilva Trust) 42.80
acres in two parcels subject to contract amendment as a condition of PLA
15-028.
47.
Introduce and waive the first
reading of the Ordinance amending Article 3 in Chapter 1 of Part III of the
Tulare County Ordinance Code pertaining to speed limits. Set the second
reading for December 20, 2016. Direct the Clerk of the Board to prepare and
publish a summary and post a certified copy of the Ordinance at least five (5)
days prior to adoption in accordance with Government Code Section 25124(b)(1).
Sheriff/Coroner
48.
Authorize the submission of a
grant application to the Board of State and Community Corrections under the
state of Edward Byrne Memorial Justice Assistance Grant Program for the time
period of January 1, 2017 through December 31, 2017 in the amount of $670,948.
Find that the Board had authority to enter into the application process.
49.
Approve the capital asset
purchase of a commercial grade washing machine in an amount not to exceed
$23,000. Authorize the necessary budget adjustments. (4/5ths vote required).
Workforce Investment Board
50.
Approve the budget adjustments
resulting from the Department of Labor award to the Workforce Investment Board
of Tulare County to provide pre-release job training services to Tulare County
inmates.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be taken in
any order
51.
Request from the Information and Communication Technology
Department to approve a Personnel Resolution to add one (1) Full Time
Equivalent Logistics Planner I position and delete one (1) Full Time Equivalent
Logistics Technician within Tulare County Information and Communications
Technology. Adopt the following new class specification, class designation and
grade effective January 8, 2017: Two (2) Administrative Services Programmer
Analyst III, Item Number 075632, Salary Grade: 251 ($94,685 Annual Step 5),
Bargaining Unit 19, Competitive Service, Probation Period: 13 pay periods.
Approve a change to the Employment Standards for the positions of Information
Technology Project Manager I, II and III to substitute one year of direct and
specific experience for one year of education.
52.
Receive a presentation by the Tulare County Information
& Communications Technology Department of the progress of the Aumentum
Project. Approve a Personnel Resolution to increase the position allocation by
adding two full time Equivalent Analyst II - Administrative Services
Programmers effective December 11, 2016. Approve the necessary budget
adjustments (4/5ths vote required).
53.
Request from Resource Management Agency based on the
findings deny the appeal filed by the Springville Citizens for Responsible
Growth (SCRG), 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 No. 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.
54.
Request from Resource Management Agency to authorize the
submittal of the Economic Development & Planning Branch 2016/2017 Indirect
Cost Rate Proposal by the Resource Management Agency to the affected public
agencies.
55.
Request from Resource Management Agency to authorize the
submittal of the 2016/2017 Public Works Branch Indirect Cost Rate Proposal by
the Resource Management Agency to the affected public agencies.
56.
Request from the Resource Management Agency to approve
the Climate Action Plan 2015/2016 Annual Progress Report and CAP Monitoring and
Tracking Protocol. Direct the Resource Management Agency Director, or
designee, in concert with the County Administrative Officer, to take all
necessary and proper action to implement the direction of the Board of
Supervisors.
57.
Request from the County Administration Office to provide
direction to staff addressing the development of an emergency groundwater
ordinance and whether or not to include one or more of the following options:
Option 1: Evaluate the Stanislaus County Groundwater Ordinance as a model to proceed
with an intent to create an emergency groundwater ordinance set to expire when
the Sustainable Groundwater Management Act Groundwater Sustainability Plans go
into effect in 2020 to control the construction of new groundwater wells for
the purpose of: (a) Prohibiting new land development, (b) Bringing
non-irrigated land into production, and (c) Prohibit intensified use on land
with unsustainable water supply; Option 2: Prohibit new well development on
land that has not been in production in the previous 10 years, and Retain a
hydrogeologist to determine standardized: (a) Well separation requirements for
new and replacement wells, (b) Impacts of increased pumping capacity for new
and replacement wells, and (c) Exempt De minimums users, defined as those wells
pumping less than 2 AF annually; Option 3: Find that the Sustainable
Groundwater Management Act will address overdraft conditions and take no
further action; and Option 4: Take no regulatory action at this time and
continue public discussion of this matter.
58.
Request from County Administration Office to approve
proposed amendments be made to the Tulare County Strategic Business Plan and
Strategic Management System 2016-2020.
(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
Public Hearing to vacate a portion of the
excess right of way, Old Highway 99, north of Avenue 16 and south of Earlimart;
See Board of Supervisors agenda December 6, 2016.
ITEM B
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
Public hearing to vacate the excess, unnamed
Right of way between Road 227 and Griswold Avenue in Lindcove; See Board of
Supervisors agenda December 6, 2016.
ITEM C
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
Public Hearing to Vacate portions of Excess
Right of Way of Alleys of Tract 92 near Visalia; See Board of Supervisors
agenda December 6, 2016.
ITEM D
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 the adoption of an interim ordinance to prohibit in the
unincorporated areas: (1) commercial nonmedical marijuana activities; (2)
outdoor cultivation of nonmedical marijuana on a private residence; and (3)
indoor cultivation of nonmedical marijuana, except indoor cultivation that
complies with certain reasonable regulations.
ITEM E
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 Findings of Denial of Appeal of the Planning Commission
Approval of PSR 15-006 and PSP 16-006 for a Dollar General Store.
ITEM F
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 Rd. 48 and Ave. 432
ITEM G
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
ITEM H
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
ITEM I
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government
Code Section 54956.9(d)(1)]
Name of Case: Bryant, Mary vs. County of
Tulare, et al.
Eastern District 1:16-cv-01542-LJO-SKO
ITEM J
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
ITEM K
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government
Code Section 54956.9(d)(1)]
Name of Case: In re: Municipal Derivatives
Antitrust Litigation Master Docket No. 08-02516 (VM) (GWG), and County of
Tulare vs. Bank of America, et al.
United States District Court Eastern District
1:10-CV-00628
ITEM L
CONFERENCE WITH LEGAL
COUNSEL – INITIATION OF LITIGATION
[Government
Code Section 54956.9(d)(4)]
Number of Potential Cases: 1
ITEM M
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government
Code Section 54956.9(d)(1)]
Name of Case: Ophelia Arechiga v. County of
Tulare
Workers’ Compensation Appeals Board Nos.:
ADJ6524930, ADJ6524973, ADJ7495600
ITEM N
PUBLIC EMPLOYEE
APPOINTMENT/EMPLOYMENT
(Government
Code Section 54957)
Consideration and Possible Appointment for
the Position of: County Counsel
ITEM O
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
