MEMBERS OF THE BOARD

 

KUYLER CROCKER

District One

 

PETE VANDER POEL - Chairman

District Two

 

AMY SHUKLIAN

District Three

 

J. STEVEN WORTHLEY – Vice Chairman

District Four

 

MIKE ENNIS

District Five

 

 

Board of Supervisors

 

Agenda

 

 

 

 

MICHAEL C. SPATA

County Administrator

 

DEANNE H. PETERSON

County Counsel


CANDICE M. RUBY

Interim Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA  93291

(559) 636-5000

FAX (559) 733-6898

 

 

October 17, 2017

 

9:00 A.M. Board Convenes

 

Board of Supervisors Chambers

2800 W. Burrel Avenue

Visalia, CA 93291

 

PLEDGE OF ALLEGIANCE

Moment of Silence

 

 

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.               Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

3.               PUBLIC HEARING:   Request from the Resource Management Agency to certify that the Board of Supervisors has reviewed and considered the information contained in the Addendum to the (2012) Tulare County 2030 General Plan Final Environmental Impact Report for the Legacy Plans 2017 Update is applicable to the General Plan Amendment and associated Zoning Ordinance Amendments for the Legacy Plans 2017 Update 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 the Legacy Plans 2017 Update (GPA 17-033). Adopt one General Plan Amendment No. GPA 17-033, for the Legacy Plans 2017 Update inclusive of the El Monte Village (GPA 17-025); Hypericum (GPA 17-026); Jovista (GPA 17-027); Matheny Tract (GPA 17-029); Tooleville (GPA 17-030) and Amendments to Tulare County General Plan Part III to establish Legacy Plans and Legacy Development Boundaries; Part I Introduction, Component A, Planning Framework, Component B, Agriculture, Land Use, Component C, Scenic Landscapes, Environmental Resources Management, Air Quality, Component D, Public Facilities and Services Elements, and Part II General Plan Rural Valley Lands Plan, consistent with the Legacy Plans 2017 Update. Waive the final reading and adopt Amendments to Section 18.9 and Section 16 of Tulare County Ordinance 352, the Zoning Ordinance, and Map Amendments to rezone properties consistent with the Legacy Plans as follows: Zone Ordinance Amendment (PZC 17-031) to Section 18.9 to adopt a Mixed-Use Combining Zone within the El Monte Village, Hypericum, Jovista, Matheny Tract, and Tooleville Development Boundaries. Zone Ordinance Amendment (PZC 17-032) to Section 16 to allow additional by-right uses within the El Monte Village, Hypericum, Jovista, Matheny Tract, and Tooleville Development Boundaries. Zone Ordinance Amendments as set forth in the Zoning District Ordinance Maps for El Monte Village (PZC 17-025), Hypericum (PZC 17-026), Jovista (PZC 17-027), Matheny Tract (PZC 17-029), and Tooleville (PZC 17-030), consistent with the Legacy Plans 2017 Update. Adopt the findings of approval set forth in Planning Commission Resolution No. 9342 (Addendum to EIR), Planning Commission Resolution No. 9343 (Legacy Plans 2017 Update), Planning Commission Resolution No. 9344 (Section 18.9 Mixed Use), Planning Commission Resolution No. 9345 (Section 16 By-Right Uses), and Planning Commission Resolution No. 9346 (Zoning District Ordinance Maps). Direct the Clerk of the Board of Supervisors to publish once in the Visalia Times-Delta newspaper the summary of the ordinance amendments and amended zoning map with the names of the Board of Supervisors voting for and against the amendment and to post a certified copy of the full ordinance amending the Tulare County Zoning Ordinance with the names of the Board of Supervisors voting for and against the amendment, within fifteen (15) days as required by Section 25124 et. seq. Direct the Environmental Assessment Officer, or designee, of the Tulare Resource Management Agency to file a Notice of Determination with the Tulare County Clerk Recorder. Authorize the Director of the Resource Management Agency, or designee, to make appropriate technical revisions to the General Plan Amendment, Legacy Plans, and associated project documents. Approve more detailed findings incorporated by reference.

4.               PUBLIC HEARING:   Request from the Resource Management Agency to certify and adopt the Final Environmental Impact Report under the California Environmental Quality Act (CEQA), including Findings of Fact, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program (MMRP) for the Earlimart Community Plan 2017 Update (GPA 17-005) as being in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, including CEQA findings, and adopts the Mitigation Monitoring and Reporting Programs. Adopt the Earlimart Community Plan 2017 Update (GPA 17-005), inclusive of the Eden Produce Company Project (GPA 14-005) and the Delano Joint High School District Project (GPA 16-003), and Amendments to the General Plan Planning Framework Element, Open Space (Environmental Resources Management) Element, Land Use Element, Circulation Element (Part I) and the Community Plans Element (Part II). Waive the final reading and adopt Amendments to Section 18.9 and Section 16 of Tulare County Ordinance No. 352, the Zoning Ordinance, and Map Amendments to rezone properties consistent with the Earlimart Community Plan 2017 Update as follows: Zone Ordinance Amendment (PZC 17-033) to Section 18.9 to adopt a Mixed-Use Combining Zone within the Earlimart Urban Development Boundary (UDB). Zone Ordinance Amendment (PZC 17-034) to Section 16 to allow additional by-right uses within the Earlimart UDB. Zone Ordinance Amendment (PZC 17-035) as set forth in Zoning District Ordinance Map consistent with the Earlimart Community Plan 2017 Update. Adopt the findings of approval set forth in Planning Commission Resolution No. 9347 (Final EIR), Planning Commission Resolution No. 9348 (Earlimart Community Plan 2017 Update), Planning Commission Resolution No. 9349 (Section 18.9 Mixed-Use), Planning Commission Resolution No. 9350 (Section 16 By-Right Uses) and Planning Commission Resolution No. 9351 (Zoning District Ordinance Maps). Direct the Clerk of the Board of Supervisors to publish once in the Visalia Times-Delta newspaper the summary of the ordinance amendments and amended zoning map with the names of the Board of Supervisors voting for and against the amendment and to post a certified copy of the full ordinance amending the Tulare County Zoning Ordinance with the names of the Board of Supervisors voting for and against the amendment, within fifteen (15) days as required by Section 25124 et. seq. Direct the Environmental Assessment Officer, or designee, of the Tulare Resource Management Agency to file the Notice of Determination with the Tulare County Clerk Recorder. Approve more detailed findings incorporated by reference. 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.

5.               PUBLIC HEARING:   Request from the Resource Management Agency to review and receive citizen input and comments regarding the proposed Community Development Block Grant application activities.

(Consent Calendar)

CONSENT CALENDAR (Numbers 6 through 16)

 

 

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.

 

Agricultural Commissioner/Sealer

6.               Approve an agreement with the California Department of Food and Agriculture for providing State subvention in an amount not to exceed $1,875 to offset the costs of providing the Pink Bollworm Cotton Plowdown and Host-Free Monitoring program, effective November 1, 2017 through March 31, 2018.

County Administrative Office/General Services

7.               Approve an agreement with Fleet Analytics, LLC. to provide vehicle GPS equipment and monitoring services to the County, retroactive from July 1, 2017 through June 30, 2018 on a month to month basis. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2017, and that it was in the County’s best interest to enter into the agreement on that date, subject to review and approval as to form by County Counsel.

8.               Approve the Property Acquisition Checklist to improve the process of purchasing properties for County programs.

District Attorney

9.               Approve an agreement with the California Governor’s Office of Emergency Services in an amount not to exceed $86,323 to fund the Human Trafficking Advocacy Program, for the period of October 1, 2017 through September 30, 2018. Find that the Board had the authority to enter into the proposed agreement as of October 1, 2017, and that it was in the County’s best interest to enter into the agreement on that date. Authorize the County Administrative Officer, or his designee, to sign the Certification of Assurance of Compliance. Authorize the Project Director, Financial Officer, and their signature designees to sign the Signature Authorization form.

10.           Ratify and approve an agreement with the California Office of Emergency Services to provide continuing funding for the Violence Against Women Vertical Prosecution Program in an amount not to exceed $290,667, for the period of July 1, 2017 through June 30, 2018. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2017, and that it was in the County’s best interest to enter into the agreement on that date. Ratify and approve the signature of the County Administrative Officer on the Certification of Assurance of Compliance. Authorize the Project Director, Financial Officer, and their signature designees to sign the Signature Authorization form. Authorize the necessary budget adjustments (4/5ths vote required).

11.           Ratify and approve an amendment to Agreement No. 27522 with the California Governor's Office of Emergency Services to extend the project period end date from June 30, 2018 to December 31, 2019, and increase the total project cost from $500,000 to $736,710, which includes $589,368 in grant funds and $147,342 in County matching funds.

Health & Human Services Agency

12.           Reaffirm the Proclamation of a Local Emergency due to Drought in Tulare County Resolution No. 2014-0090.

13.           Proclaim the termination of a Local Emergency due to the Pier Fire.

14.           Reaffirm the Proclamation of a Local Emergency due to Tree Mortality in Tulare County Resolution No. 2015-0850.

15.           Approve an agreement with Public Health Strategy to implement an awareness and engagement campaign around prediabetes in an amount not to exceed $60,000, retroactive from July 1, 2017 through September 29, 2018. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2017, and that it was in the County’s best interest to enter into the agreement on that date.

Sheriff/Coroner

16.           Approve an agreement with GTL Financial Services to provide inmate money handling kiosks, retroactive from July 1, 2014 through June 30, 2020. Find that the Board had the authority to enter into the agreement as of July 1, 2014, and that it was in the County’s best interest to enter into the agreement on that date.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

17.           Approve a Memorandum of Understanding between the Tulare County Sheriff’s Department and the Tulare County Library Department to provide County Library Literacy Staffing and Services for the Sheriff’s correctional facilities in an amount not to exceed $27,000 from AB109 funding effective October 23, 2017 to June 30, 2018. Authorize the Tulare County Library Department to provide the services described in the Memorandum of Understanding to the Tulare County Sheriff’s Department. Authorize the County Administrative Officer to sign the Memorandum of Understanding. Approve the a Personnel Resolution creating a project service, limited term position of Library Program and Literacy Specialist, effective October 17, 2017. Authorize the necessary budget adjustments (4/5ths vote required). If funding AB 109 is not sufficient to fully fund this additional position in future Fiscal Years, such position shall be deleted so as not to incur any Net County Cost, unless there are extenuating circumstances justifying retention of the affected position, in which case such position shall be approved by the Board of Supervisors.

18.           Request from the General Services Department to consider staff recommendations for top qualified successful bidders for the development of property, identified as Assessor's Parcel Numbers 094-287-001 and 094-281-007, located near 210 N. Court Street in Visalia and referred to as the Historic Courthouse Square. Direct staff to begin negotiations with top qualified successful bidders, and return with a contract for approval, or a recommendation to reject all bids.

19.           Request from the General Services Department to approve an agreement with the City of Farmersville for space located at 907 W. Visalia Rd., Farmersville, CA, retroactive from July 1, 2017. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2017, and that it was in the County’s best interest to enter into the agreement on that date.

 (Closed Session)

 

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

ITEM A

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]

Number of Potential Cases:  1

Potential settlement of Construction & Demolition Recycling contract disputes with Peña’s Disposal Inc.

ITEM B

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant Exposure to Litigation [Government Code Section 54956.9(d)(2)]

Number of Potential Cases: 1

See today’s Board of Supervisors Public Agenda Item, pertaining to the 2017 Community Development Block Grant Application Design Phase.

ITEM C

DISCIPLINE, DISMISSAL OR RELEASE OF A PUBLIC EMPLOYEE

(Government Code Section 54957)

ITEM D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

[Government Code Section 54956.9(d)(1)]

Name of Case: Jose Tapia and Silvia Tapia vs. Brian Pinheiro, County of Tulare

Tulare County Superior Court Case No. VCU271176

ITEM E

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

[Government Code Section 54956.9(d)(1)]

Name of Case: Gary Ball v. County of Tulare

Workers’ Compensation Appeals Board No.: FRE 0199067

ITEM F

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

[Government Code Section 54956.9(d)(1)]

Name of Case:  Barbara Wittman v. County of Tulare

Workers’ Compensation Appeals Board Nos.: ADJ1740941, ADJ1605732, ADJ3161618

ITEM G

CONFERENCE WITH LABOR NEGOTIATOR

(Government Code Section 54957.6)

Agency Designated Representatives: Rhonda Sjostrom, Michael C. Spata

Employee Organization:  All Certified Employee Organizations        

Unrepresented Employees:  All Unrepresented Employees.