(Public Comment Period)
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.
Public Comments.
9:30 A.M. – TIMED ITEMS
(Timed
Items)
3.
PUBLIC HEARING: General Plan Amendment and Change of
Zone Gonzalez/East Porterville. Request from the Resource Management Agency to
(A) Adopt the Planning Commissions recommendations and findings of approval for
General Plan Amendment No. GPA 18-001 and Change of Zone No. PZC 18-004 on two
contiguous parcels: (1) a 0.5-acre parcel from PD-C-2 (Planned Development
General Commercial), and (2) on a 26,000 sq. ft. parcel from C-2-SR (General
Commercial Site Review Combining) to C-2 (General Commercial), located on the
northeast side of Springville Avenue, approximately 400 feet south of Success
Drive, in East Porterville for Alvaro Esparza Gonzalez, as set forth in
Planning Commission Resolutions No. 9534 and 9535; and (B) Accept the
Categorical Exemption as the appropriate environmental determination,
consistent with the California Environmental Quality Act (CEQA) and the State
CEQA Guidelines, pursuant to Title 14, Cal. Code Regulations Section 15303,
Class 3, pertaining to New Construction or Conversion of Small Structures, for
the Project.
4.
PUBLIC HEARING: Poplar/Cotton Center Community Plan 2018
Update. Request from the Resource Management Agency to approve the findings and
recommendations of the Planning Commission to (A) Adopt the Poplar/Cotton
Center Community Plan 2018 Update (General Plan Amendment No. GPA17-010) and
Amendments to Section 18.9 (PZC 18-012) and Section 15 (PZC 18-012) of Tulare
County Ordinance Code No. 352, the Zoning Ordinance, and Map Amendments (PZC
18-014) to rezone properties consistent with the Poplar/Cotton Center Community
Plan 2018 Update; and (B) Adopt the Initial Study/Mitigated Negative
Declaration (IS/MND) and Mitigation Monitoring and Reporting Plan (MMRP) prepared
for the Project.
5.
PUBLIC HEARING: General Plan Amendment Health and Safety
Element. Request from the Resource Management Agency to (A) Affirm that on
March 20, 2018, the County of Tulare adopted a Local Hazard Mitigation Plan in
accordance with the Disaster Mitigation Act of 2000; (B) Approve the findings
and recommendations of the Planning Commission to Adopt General Plan Amendment
No. GPA 18-004 to Incorporate by Reference the 2018 Local Hazard Mitigation
Plan into the Health and Safety Element which includes updated language in the
Introduction on Page 10-3 and updated language in Policies 7.8 and 7.9 on Page
10-59; and Approve a Statutory Exemption consistent with the California
Environmental Quality Act (CEQA) Title 14 California Code of Regulations (CCR),
Section 15262 (Feasibility and Planning Studies) and Section 15061(b)3, the
general rule exemption, for the Project.
6.
PUBLIC HEARING: Sequoia Gateway Business and Commerce
Center Project. Request from the Resource Management Agency to (A) Adopt the
Planning Commission’s recommendations and findings of approval for the proposed
Sequoia Gateway Business and Commerce Center Project, 126.9 acres, including a
General Plan Amendment (GPA 15-001), Specific Plan (SPA 18-001), Change of Zone
(PZC 18-016) from AE-20 (Exclusive Agriculture 20 Acre Minimum) Zone to C-2
(General Commercial)/ Sequoia Gateway Specific Plan, Development Agreement (DEV
18-001), Master Special Use Permits PSP 18-092 & PSP 18-093, Lot Line
Adjustment, and a Subdivision Tentative Map (22 Parcels) - Phased Commercial
Parcel Maps - ((Phases 1-2), TSM 18-001) located on the south side of Avenue
280 (Caldwell Avenue) near the southeast corner of State Route 99 and Avenue
280, approximately one mile west of the City of Visalia in Tulare County, for
Sequoia Gateway, LLC; and (B) Certify and adopt the Planning Commission’s
recommendation for approval of the Final Environmental Impact Report (FEIR)
& Statement of Overriding Considerations and adopt the Mitigation
Monitoring Reporting Program pursuant to the California Environmental Quality
Act (CEQA), and the State CEQA Guidelines for the Project.
(Consent Calendar)
CONSENT CALENDAR (Numbers 7 through 52)
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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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Agricultural Commissioner/Sealer
7.
Approve an agreement with the
California Department of Food and Agriculture for providing State subvention in
an amount not to exceed $3,194 to offset the costs of providing the Pink
Bollworm Cotton Plowdown and Host-Free Monitoring program, retroactive from
November 1, 2018 through March 31, 2019.
Auditor-Controller/Treasurer-Tax
Collector
8.
Appoint Jason T. Britt, County
Administrative Officer, or his designee, as the Board's representative to the
Treasury Oversight Committee.
Board of Supervisors
9.
Approve an amendment to
Agreement No. 28482 with Provost and Pritchard to increase the amount from
$635,000 to $1,095,210 for the Tulare-Kern Funding Region Disadvantaged
Community Integrated Regional Water Management Involvement Program to include
the Disadvantaged Community Education and Outreach tasks.
10.
Ratify a Proclamation honoring November 11, 2018 as Veterans' Day
in Tulare County.
11.
Ratify a Proclamation recognizing Joel Nelsen's exemplary service
to the Boy Scouts of America.
12.
Appoint Steve Etchegaray to the White Area Representative Seat on
the East Tule Groundwater Sustainability Agency Executive Committee for a term
ending at the Pleasure of the Board.
13.
Appoint Patricia Ann Felts to the Trustee Seat on the Visalia
Public Cemetery District for a term ending January 4, 2021.
14.
Appoint Veronica Corrales to the Director Seat on the East Orosi
Community Services District for a term ending December 3, 2021.
15.
Reappoint Lyman W. Whitlatch to the District 3 Seat on the Tulare
County Planning Commission for a term ending December 31, 2022.
16.
Reappoint Lynne Martin-Del Campo to the Seat 2 - At Large Seat,
Dale Asman to the Seat 5 - Consumer Seat, and Michele Morrow to the Seat 3 - At
Large Seat on the Tulare County Mental Health Board for a term ending December
31, 2021.
17.
Reappoint Kevin Caskey to the Member At Large Seat on the Delta
Vector Control District for a term ending December 31, 2020.
18.
Reappoint Charlie Pitigliano, Robert Uchita, and Robert Clark to
the Trustee Seats on the Tulare Mosquito Abatement District for terms ending
December 31, 2020.
Child Support Services
19.
Approve the Plan of Cooperation
between the California Department of Child Support Services and Tulare County Department
of Child Support Services, retroactive from October 1, 2018 through September
30, 2019.
20.
Approve a Service Agreement
with Protection One/ADT for alarm monitoring services in an amount not to
exceed $6,171.36, retroactive from July 1, 2017 through June 30, 2018.
County Administrative Office
21.
Ratify actions by the County
Administrative Officer during the month of October 2018. 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.
Fire Department
22.
Approve an amendment to
Agreement No. 28916 with CalFire California Climate Investment Grant for the
Silver City Hazard Fuel and Tree Reduction Project in an amount not to exceed
$200,019, effective December 4, 2018 through August 31, 2020. Recognize that
the Board of Supervisors approved a Categorical Exemption for this project
consistent with the California Environmental Quality Act (CEQA) Title 14
California Code of Regulations (CCR), Sections 15269(c) and 15301 Existing
Facilities (c) on October 30, 2018.
General Services Agency
23.
Determine that the real
property located near Effie Drive and Kermia Street between Road 67 and Betty
Drive in the community of Goshen is no longer necessary for County or other
public purposes, and that estimated value of each of the parcels does not
exceed twenty-five thousand dollars ($25,000). Approve an agreement with
Kruse Investment Company, Inc. for sale of two parcels of Real Property located
near Effie Drive and Kermia Street, between Road 67 and Betty Drive in the
community of Goshen, for a total price of $25,000. Approve the Notice of
Exemption under the California Environmental Quality Act and direct the
Environmental Assessment Officer to file the Notice with the Clerk-Recorder.
24.
Approve a Design, Alteration,
and Lease Agreement for the Porterville Justice Partners Project with
Cornerstone Main Partners, L.P. for premises located at the northeast corner of
Main St. and Olive Ave. in Porterville, for a term of 20 years, with three
five-year options for renewal, and an annual rental amount of $945,050.40 for
the first year with a 2% annual increase. Authorize the Chairman to sign the
Memorandum of Lease, subject to review and approval as to form by County
Counsel.
25.
Approve an amendment to
Agreement No. 28443 with Forcum Mackey, Inc. to increase the agreement amount
by $249,670.75, from $5,865,973.93 to $6,115,644.68 for Phase II of the
Countywide Space Improvement & Relocation Project. Authorize the Chairman
of the Board of Supervisors to sign the Notice of Completion for Bid Package A
(General Services), subject to review and approval as to form by County
Counsel. Approve an adjustment to the Capital Projects budget for Fiscal Year
2018/19 in the amount of $500,000 to accommodate anticipated costs associated
with the General Services, County Counsel, and TCiCT portions of the Countywide
Space Improvement & Relocation Project, as well as associated ADA
improvements. Approve the necessary budget adjustments (4/5ths vote required).
26.
Authorize the Chairman of the
Board of Supervisors to sign the Notice of Completion for the Central Road Yard
Maintenance Building Roof Project. Direct the Clerk of the Board to record the
Notice of Completion for the Central Road Yard Maintenance Building Roof
Project with the office of the Clerk-Recorder.
27.
Approve an adjustment to the
Capital Projects budget for Fiscal Year 2018/19 in the amount of $800,000 for
the Probation Vocational Education Building and Youth Facility Projects.
Approve the necessary budget adjustments (4/5ths vote required).
28.
Approve an adjustment to the
Capital Projects budget for Fiscal Year 2018/19 in the amount of $5,327,000 for
the South County Detention Facility Project. Approve an adjustment to the
Capital Projects budget for Fiscal Year 2018/19 in the amount of $330,000 for
the Evidence and Forensics Building Project. Approve the necessary budget
adjustments (4/5ths vote required).
Health & Human Services Agency
29.
Reaffirm the Proclamation of a
Local Emergency due to Drought in Tulare County Resolution No. 2014-0090.
30.
Reaffirm the Proclamation of a
Local Emergency due to tree mortality in Tulare County Resolution No.
2015-0850.
31.
Approve the termination of
Agreement No. 28262 with Family Builders Foster Care, Inc. for the provision of
Therapeutic Behavioral Services effective December 4, 2018.
32.
Approve an amendment to
Agreement No. 28055 with Financial Credit Network, Inc. effective December 4,
2018 through June 30, 2019 to replace and supersede Exhibit A (Scope of
Services) and Exhibit B (Compensation) in order to provide continued access to
health care services. The amendment also includes the addition of Exhibit A-1
which is the Tulare County Health & Human Services Agencies Billing &
Collection policy.
33.
Approve an amendment to Agreement
No. 28555 with Parenting Network, Inc. Family Resource Center to increase the
maximum spending amount of the agreement from $190,515 to $264,640 for the
provision of a Parent Partner program, effective December 4, 2018 through June
30, 2019.
34.
Accept the grant allocation of
$309,000 from the Department of Health Care Services for the Homeless Mentally
Ill Outreach and Treatment Program. Approve the necessary budget adjustments
(4/5ths vote required).
35.
Approve an agreement with the
California Department of Public Health to accept funding in an amount not to
exceed $275,000 for California's Personal Responsibility and Education Program,
retroactive from July 1, 2018 through June 30, 2019.
36.
Approve an agreement with the
California Department of Public Health for the provision to have access to
Electronic Birth Registration System in order to process birth certificates and
access other vital statistics data, effective December 4, 2018 through June 30,
2024.
37.
Approve two agreements with the
University of California, Santa Barbara for Technical Assistance and Software
Licenses in an amount not to exceed $3,550, retroactive from July 1, 2018
through June 30, 2019.
38.
Approve an amendment to
Agreement No. 28382 with ExMed, Inc. for the provision of adult, adolescent,
and child psychiatric services, and to add video based tele-psychiatry services
and clarify quality management standards in the Tulare County Mental Health
Plan, effective December 4, 2018 through June 30, 2019.
39.
Approve a Memorandum of
Understanding with Kern Bridges Youth Homes to provide services on behalf of
Tulare County Child Welfare Services foster children through cooperation,
collaboration, and sharing of appropriate information effective December 4,
2018 through June 30, 2019. There is no dollar amount associated with this
agreement.
40.
Approve an amendment to
Agreement No. 27346 with California Department of Public Health for the Women,
Infants, and Children Program in an amount not to exceed $20,768,125,
retroactive from October 1, 2015 through September 30, 2019.
41.
Approve an agreement with
Medical Group of Visalia, Inc. to provide hospital physician on-call coverage
in an amount not to exceed $550,000 payable to the Medical Group of Visalia,
Inc. by the County of Tulare, retroactive from July 1, 2018 through June 30,
2020.
42.
Approve an agreement with
Medina & Yeargin, Inc. to provide consultation services in an amount not to
exceed $30,000, retroactive from February 1, 2018, through December 31, 2018.
Probation
43.
Approve an agreement with BI
Incorporated to provide electronic monitoring services to juvenile offenders in
an amount not to exceed $145,000, retroactive from July 1, 2017 through June
30, 2019.
44.
Approve a Memorandum of
Understanding with Fresno Pacific University to coordinate services and allow
Fresno Pacific University students to earn hours towards a Bachelor's of
Science Degree in Criminal Justice or Social Work, effective December 4, 2018
through June 30, 2023.
45.
Approve a Memorandum of
Understanding with the California State University, Fresno, to coordinate
services and allow California State University, Fresno students to earn hours
towards a Bachelor's of Science Degree in Criminology, effective December 4,
2018 through June 30, 2023.
46.
Authorize the Chief Probation
Officer to sign a notice of intent to the Judicial Council of California
regarding the intent of the Tulare County Probation Department and Superior
Court of California, County of Tulare, to contract with each other for the
establishment, performance, and provision of pretrial assessment services.
Resource Management Agency
47.
Approve a Program Supplement
Agreement with the California Department of Transportation for Design of the
M109 over White River Bridge Project in the amount of $247,884.
48.
Authorize the submittal of the
Economic Development & Planning Branch 2018/2019 Indirect Cost Rate
Proposal by the Resource Management Agency to the affected public agencies.
49.
Authorize the submittal of the
2018/19 Public Works Branch Indirect Cost Rate Proposal by the Resource
Management Agency to the affected public agencies.
Sheriff/Coroner
50.
Approve an agreement with NEC Corporation
of America to provide maintenance and repair services for Tulare County law
enforcement agencies Automated Fingerprint Identification System in an amount
not to exceed $109,563, retroactive from November 23, 2018 through November 22,
2019.
51.
Authorize the Tulare County
Sheriff's Office to submit a grant application by December 14, 2018 to the
California Department of Justice for the Untested Sexual Assault Evidence Kit
Grant program. The grant period is for Fiscal Year 2018/19 in an amount not to
exceed $2,000.
Solid Waste
52.
Authorize the submission of a
Funding Request to CalRecycle for the City/County Annual Payment Program.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be taken in
any order
53.
Receive a presentation from the County Counsel Office on
the County's administrative hearing and appeal processes. Direct County Counsel
to return with an agenda item to amend the County Ordinance Code to streamline
the administrative hearing and appeal processes and establish the position of
County Hearing Officer.
54.
Request from the General Services Agency to introduce and
waive the first reading of an ordinance amending the heading of, and amending
or repealing various sections of, Article 7 of Chapter 3 of Part I of the
Ordinance Code, pertaining to Purchasing. Set the second reading for December
18, 2018.
55.
Request from the Human Resources Department to set the
Annual Salary for the position of Health & Human Services Agency Director,
in Bargaining Unit 10, in the amount of $171,289, a relocation allowance not to
exceed $5,000, the same standard benefits provided to Bargaining Unit 10 employees,
a 20 hour sick leave accrual credit and a 20 hour vacation accrual credit, with
an additional benefit of Auto Allowance at $551 monthly, effective January 7,
2019.
(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
See today’s Agenda Item related to Public
Hearing on General Plan Amendment and Change of Zone - Gonzalez/East
Porterville Project.
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 Agenda Item relating to Public
Hearing on the Poplar and Cotton Center Community Plan Update and related
amendments to the County Zoning Ordinance.
ITEM C
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 Agenda Item relating to the
Public Hearing on the Sequoia Gateway Business and Commerce Center Project.
ITEM D
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
ITEM E
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government
Code Section 54956.9(d)(1)]
Name of Case: Sierra Club et al v. County of
Tulare, et al.
Tulare County Superior Court Case No.
VCU272380
ITEM F
CONFERENCE WITH LEGAL
COUNSEL – INITIATION OF LITIGATION
[Government
Code Section 54956.9(d)(4)]
Number of Potential Cases: 1
ITEM G
CONFERENCE WITH REAL
PROPERTY NEGOTIATORS
(Government
Code Section 54956.8)
Property Description: Northeast Corner of
North Main St. and West Olive Ave., Porterville, CA
Agency Negotiators: Jason T. Britt, John
Hess
Negotiating Party or Parties: County and
Cornerstone Main Partners, LP.
Under Negotiation: Price and Terms of
Payment
ITEM H
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government
Code Section 54956.9(d)(1)]
Name of Case: Betty Castro v. County of
Tulare
Workers’ Compensation Appeals Board No.:
ADJ10171686
ITEM I
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government
Code Section 54956.9(d)(1)]
Name of Case: Raymond Martinez v. County of
Tulare
Workers’ Compensation Appeals Board Nos.:
ADJ9268624, ADJ9266490
ITEM J
PUBLIC EMPLOYEE
APPOINTMENT/EMPLOYMENT CONSIDERATION AND POSSIBLE APPOINTMENT
(Government
Code Section 54957)
FOR THE POSITION OF: HEALTH & HUMAN
SERVICES AGENCY DIRECTOR.
ITEM K
CONFERENCE WITH LABOR
NEGOTIATOR
(Government
Code Section 54957.6)
Agency Designated Representatives: Rhonda Sjostrom,
Jason T. Britt
Employee Organizations: All Certified
Employee Organizations
Unrepresented Employees: All Unrepresented
Employees.
