MEMBERS OF THE BOARD

 

KUYLER CROCKER – Vice Chairman

District One

 

PETE VANDER POEL

District Two

 

AMY SHUKLIAN

District Three

 

J. STEVEN WORTHLEY – Chairman

District Four

 

MIKE ENNIS

District Five

 

 

Board of Supervisors

 

Agenda

 

 

 

 

MICHAEL C. SPATA

County Administrative Officer

 

DEANNE H. PETERSON

County Counsel


MELINDA BENTON

Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA  93291

(559) 636-5000

FAX (559) 733-6898

 

 

September 18, 2018

 

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)

 

Documents related to the items on this Agenda, submitted to the Board after distribution of the Agenda packet, are available for public inspection in the Board of Supervisors Office, 2800 W. Burrel Avenue, Visalia, CA during normal business hours.  Such documents are also available online, subject to staff's ability to post the documents before the meeting, at the following website: bosagendas.co.tulare.ca.us

 

As a courtesy to those in attendance, please turn off or place in alert mode all cell phones and pagers.

 

In compliance with the Americans with Disabilities Act, requests for disability-related modification or accommodation needed in order to participate in the meeting must be made to the Clerk of the Board of Supervisors (559) 636-5000 no later than Monday at 9:00 a.m.

1.               Board of Supervisors matters.

2.               Presentation given by the Agricultural Commissioner/Sealer of the 2017 Tulare County Agricultural Crop and Livestock Report.

3.               Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

4.               PUBLIC HEARING:  Request from the Resource Management Agency to approve a vacation of Effie Drive and Kermia Street between Betty Drive and Road 67 Goshen. Determine that Effie Drive and Kermia Street between Betty Drive and Road 67 is excess right of way and vacation thereof is in the public interest. Vacate said portion of Effie Drive and Kermia Street between Betty Drive and Road 67 and order that the public use is hereby vacated, reserving an easement and right necessary for public utilities and road maintenance. 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-Recorder. Direct the Clerk of the Board to cause a certified copy of the resolution to be recorded in the Office of the Tulare County Clerk-Recorder.

5.               PUBLIC HEARING:  Request from the Resource Management Agency to repeal Ordinance No. 3363, pertaining to the approval of Development Agreement No. PDA 07-002 between the County of Tulare and MERG Investments LLC for a self-storage/RV and boat storage facility, retail office complex, and caretaker apartment on a 7.19 acre parcel located on the south side of Noble Avenue, south of State Highway 198, approximately 650 east of Road 152, east of Visalia. Introduce and waive the first reading of an Ordinance to repeal Ordinance No. 3363. Set the second reading for October 2, 2018.

(Consent Calendar)

CONSENT CALENDAR (Numbers 6 through 15)

 

 

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, to provide funding of $18,806 to offset the costs of providing Light Brown Apple Moth pest detection services, retroactive to July 1, 2018 through June 30, 2019. Find that the Board had authority to enter into the proposed agreement as of July 1, 2018, and that it was in the County’s best interest to enter into the Agreement on that date.

Auditor-Controller/Treasurer-Tax Collector

7.               Establish the 2018-19 Gann Appropriations Limit for the County to be $4,205,882,773.

Board of Supervisors

8.               Approve an amendment to Agreement No. 28398 with GEI Consultants, Inc. for services related to preparation of a Groundwater Sustainability Plan for the Kaweah sub-basin to extend the term of the agreement to December 31, 2018 to include additional stakeholder outreach tasks and increase the amount of the agreement from $166,226 to $184,226, retroactive from August 31, 2018 to December 31, 2018. Find that the Board had authority to enter into the proposed amendment as of August 31, 2018 and that it was in the County's best interest to enter into the agreement on that date.

9.               Appoint Denise England to the Eastern Tule Groundwater Sustainability Agency’s Executive Committee.

 

Health & Human Services Agency

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

11.           Reaffirm the Proclamation of Local Emergency due to Critical Shortage of Health Care Facilities, Resolution No. 2018-0442.

12.           Reaffirm the Proclamation of a Local Emergency due to tree mortality in Tulare County Resolution No. 2015-0850.

13.           Authorize the request for the Tulare County Health and Human Services Agency to participate in the Homeless Mentally Ill Outreach and Treatment program and apply for a grant in an amount not  to exceed $309,000. Designate Tulare County Health and Human Services Agency as the primary program contact for Tulare County.

Probation

14.           Approve an amendment to Agreement No. 28719 with Central Valley Recovery Services, to add HIPAA Requirements exhibit and revising two other exhibits clarifying standards and services to be provided, with no change to the dollar amount, retroactive from July 1, 2018 through June 30, 2019.  Find that the Board had the authority to enter into the proposed Amendment as of July 1, 2018, and that it was in the County's best interest to enter into the Amendment on that date.

Resource Management Agency

15.           Approve General Plan Initiation No. GPI 17-004 to authorize the applicants, The Phares Trust and Paul & Lynn Ramirez, to file an application for a General Plan Amendment to change the land use designation from Mooney Corridor to Mixed Use on two 1.00-acre parcels located on the east side of Mooney Blvd. (SR 63), approximately 621 feet south of Avenue 264 and the City of Visalia. Assessors Parcel Numbers 150-050-016 & 018.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

16.           Presentation given by the  Board of Supervisors staff regarding the redesign of the Tulare County Capitol Display.  Provide input and direction on final design of the display as presented by the DMI Agency. 

 (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

See today’s Board Agenda Item related to the Public Hearing regarding the Vacation of Effie Drive and Kermia Street

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 Agenda Item related to the Public Hearing to cancel Development Agreement PDA 07-002

ITEM C

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Hernandez, Jr., Albert vs. City of Visalia, et al. 

Tulare County Superior Court VCU274687

ITEM D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Mary Morales v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ6578460

ITEM E

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Claim of Flora Gomez

ITEM F

CONFERENCE WITH LABOR NEGOTIATOR

(Government Code Section 54957.6)

Agency Designated Representatives: Rhonda Sjostrom, Michael C. Spata

Employee Organizations:  All Certified Employee Organizations      

Unrepresented Employees:  All Unrepresented Employees.