(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.
Recognize Robert Newby upon his retirement from the General
Services Agency for his many years of County service.
3.
Recognize Kathy Walker upon her retirement from the Public
Defender's Office for her many years of County service.
4.
Recognize Julian Almanza upon his retirement from the Public
Defender's Office for his many years of County service.
5.
Recognize Silvia Nacianceno upon her retirement from the Health
and Human Services Agency for her many years of County service.
6.
Public Comments.
9:30 A.M. – TIMED ITEMS
(Timed
Items)
7.
PUBLIC HEARING: Request from the Resource Management
Agency to review and accept Tulare County's 2018 Annual General Plan and
Housing Element Progress Reports. Authorize transmittal of these reports to
the California Governors Office of Planning and Research and Californias
Department of Housing and Community Development.
8.
PUBLIC HEARING: Request from the Resource Management
Agency to Adopt an Amendment to Ordinance No. 352, the Tulare County Zoning
Ordinance, for Change of Zone No. PZC 18-017 to change the zone on
approximately 2.19 acres from AE-20 (Exclusive Agriculture 20 acre minimum) to
C-3 (Service Commercial), located at 591 West Olive Avenue, approximately two
miles east of Cotton Center and five miles west of Porterville, consistent with
Planning Commissions Recommendation and Findings of Approval for Planning Commission
Resolution No. 9594. 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 15061 (b) (3), Class 3, the General Rule.
9.
PUBLIC HEARING: Request from County Counsel to consider
proposed acquisition through Eminent Domain of approximately 0.02 acres of
property in fee simple and a temporary construction easement by the South
Kaweah Mutual Water Company. Close the hearing and direct staff to return with
findings either in support of, or in opposition to, the South Kaweah Mutual
Water Company’s acquisition of the Subject Property through Eminent Domain.
10.
PUBLIC HEARING: Request from the Agricultural
Commissioner to adopt an uncodified urgency interim ordinance declaring a
temporary moratorium on the cultivation of Industrial Hemp in the
unincorporated areas of the County of Tulare (the Urgency Interim Ordinance).
Introduce and waive the reading of the Urgency Interim Ordinance. Approve
nonproject exemptions--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 Urgency Interim Ordinance prohibiting the cultivation of
Industrial Hemp in the unincorporated areas of the County as an urgency measure
pursuant to Government Code section 65858 (4/5ths vote). Direct applicable
County Departments and Advisory Boards to begin researching potential impacts
of Industrial Hemp cultivation and related activities; to develop
recommendations regarding potential local regulation of Industrial Hemp; and,
through the Agricultural Commissioners Department, to deliver a preliminary
report on such activities to the Board of Supervisors (i) at least 10 days
before the expiration of this Urgency Interim Ordinance, (ii) at least 10 days
before the expiration of any extension to this Urgency Interim Ordinance, and
(iii) upon final completion of such research.
(Consent Calendar)
CONSENT CALENDAR (Numbers 11 through 31)
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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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Board of Supervisors
11.
Appoint Sharon Ethridge Chavarria to the District 4-Regular
Commissioner Seat on the Tulare County Housing Authority for a term ending
December 18, 2022.
Clerk of the Board
12.
Approve the amended Conflict of
Interest Code adopted by Richgrove School District.
13.
Approve the amended Conflict of
Interest Code adopted by East Kaweah Groundwater Sustainability Agency.
14.
Approve the new Conflict of
Interest Code adopted by Sierra View Medical Center.
County Administrative Office
15.
Ratify actions by the County
Administrative Officer during the month of February 2019. Find that the
activities funded pursuant to the good works funding agreements are necessary
to meet social needs of the residents of Tulare County.
16.
Approve an agreement with the
State of California, California Complete Count-Census 2020 for census outreach
activities in the amount of $582,714, effective upon execution through December
31, 2020. Approve the necessary budget adjustments (4/5ths vote required).
County Counsel/Risk Management
17.
Approve a budget adjustment to
increase the Medical Malpractice budget by $550,000 in order to refund excess
reserve funds from the Medical Malpractice Reserve Fund back to HHSA (4/5ths
vote required).
General Services Agency
18.
Approve the SCE Net Energy
Metering and Renewable Electrical Generating Facility Interconnection Agreement
for the Solar Project at the Bob Wiley Detention Facility, 36712 Road 112,
Visalia, CA 93291.
Health & Human Services Agency
19.
Approve an agreement with Kings
View Corporation for the Visalia Wellness Center, for the provision to provide
services to transitional age youth, adults, and older adults with severe mental
illness and/or severe emotional disturbance in an amount not to exceed
$1,031,576, effective March 26, 2019 through June 30, 2020.
20.
Approve a Memorandum of
Understanding between Tulare County Health and Human Services Agency, Child
Welfare Services Division and Tulare County Superintendent of Schools to
coordinate transportation services for Tulare County foster children, effective
March 26, 2019 through June 30, 2023. There are no costs associated with the
Memorandum of Understanding.
Information & Communications
Technology
21.
Approve an amendment to
Agreement No. 14242 with CGI Technologies and Solutions Inc. (AMS Inc.), for
software maintenance and licenses in an amount not to exceed $1,027,108.54,
retroactive from February 1, 2019 through March 31, 2022. Approve an amendment
to Agreement No. 14242 with CGI Technologies and Solutions Inc. (AMS Inc.), for
enhanced maintenance in an amount not to exceed $309,841.12, effective April 1,
2019 through March 31, 2022.
Probation
22.
Approve an increase in the
funding set aside by $900,000, total project cost of $1,200,000, in order to
complete the necessary improvements for the repurposing of the Youth Facility
as Probation Service Center- North and beautification of the surrounding
Juvenile Justice Complex grounds. Approve the necessary budget adjustment
(4/5ths vote required).
23.
Approve the distribution of AB
109 Base Funding estimated at $18,795,277 for FY 2018/2019.
Resource Management Agency
24.
Adopt the Mandatory Resolution
for the continuation of the Countywide Bottled Water Program. Authorize and
direct the Chairman of the Board to sign the Project Director Certification
Form from the State Water Resources Control Board.
25.
Approve the designation of a
Two-Way STOP controlled intersection on Spencer Avenue (D114A) at Smith Road
(D107A) and on Newman Road (D108A) at Spencer Avenue (D114A), in the community
of Tipton. Authorize the installation of STOP signs on Spencer Avenue at Smith
Road and on Newman Road at Spencer Avenue, in accordance with the provisions of
Section 2B.04 of the 2014 California Manual on Uniform Traffic Control Devices
(CA MUTCD) and Section 22450(c) of the California Vehicle Code (CVC); Approve a
Categorical Exemption consistent with the California Environmental Quality Act
(CEQA) Title 14 California Code of Regulations (CCR), Section 15061(b)(3)
general rule exemption.
26.
Approve the Joint Funding
Agreement with the United States Geological Survey (USGS) for Water Resource
Investigations in the amount of $20,850, retroactive from November 1, 2018
through October 31, 2019.
27.
Approve an amendment to
Agreement No. 28298 with AECOM Technical Services, Inc. for Engineering
Consulting Services for the Traver Community Wastewater System Improvements.
28.
Approve an amendment to
Agreement No. 26041, with Tyler Technologies, Inc. for the purchase of EnerGov
PALMS E-Reviews Module in an amount not to exceed $85,649.
29.
Adopt and approve the
resolution regarding the Cottonwood Creek Storm Water Retention Project.
30.
Approve an Extra-Territorial
Sewer Service Agreement, between Selma-Kingsburg Fowler County Sanitation
District, the County of Tulare, Presidio JJR Summerlin 123, LLC, a Delaware
Limited Liability Company and Steven Cecil Hash and Elizabeth McNalley Shafer,
Trustees of the Hash/Shafer 2016 Revocable Trust for sewer services for the
Andersen Village Subdivision (47.21 acres APNs 028-140-008, 012, 013, 022)
located southeast of the City of Kingsburg. Approve Extra-Territorial Water
service provided by the City of Kingsburg, and consent to the Extra-Territorial
Water Service Agreement.
Sheriff/Coroner
31.
Approve an agreement with
Permitium, LLC to provide an online software program for the Sheriff’s Office
concealed carry weapons application process, retroactive from July 18, 2018
through July 17, 2021.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be taken in
any order
32.
Request from Tulare County Employees' Retirement
Association to take action on one of the following options regarding employer and
employee retirement contribution
rates:
Option 1: Approves and adopts the recommended employer and employee retirement
contribution rates from TCERAs actuary effective with the pay period of the
fiscal year that includes July 1, 2019 (pay period 14, 2019). Option 2:
Adjusts the contribution rates not later than 90 days after the beginning of
the immediately succeeding fiscal year as permitted under California Government
Code Section 31454. The changes to the recommended employer and employee
contribution rates could be delayed until pay period 20, 2019, since 90 days
from the beginning of the fiscal year is September 28, 2019.
33.
Request from Tulare County Employees' Retirement
Association to adopt a resolution making the language of California Government
Code Section 31522.3 applicable to Tulare County and the Tulare County
Employees' Retirement Association (TCERA) giving the Board of Retirement
authority over Assistant Retirement Administrator and Chief Investment Officer
staff serving TCERA.
34.
Receive a presentation from the Resource Management Agency
and accept the Rocky Hill Bicycle/Pedestrian Path Feasibility Study prepared by
4-Creeks, Inc.
35.
Request from Board of Supervisors' staff to receive input
and provide direction regarding the 2019 Tulare County State Legislative
Platform and the 2019 Tulare County Federal Legislative Platform. Approve
amendments to the platform and select priority issues for future advocacy
trips.
(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 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.
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 public hearing agenda item
regarding Change of Zone no. PZC 18-017—O’Sullivan, Porterville
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 public hearing agenda item
regarding the proposed acquisition of property through eminent domain by the
South Kaweah Mutual Water Co.
ITEM D
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 public hearing agenda item
pertaining to the enactment of an urgency interim ordinance regulating
Industrial Hemp.
ITEM E
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 6
Arising from the March 8-9, 2019 flooding
incident in the community of Strathmore.
ITEM F
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
ITEM G
CONFERENCE WITH REAL
PROPERTY NEGOTIATORS
(Government
Code Section 54956.8)
Property Description: 5300 W. Tulare Avenue,
Visalia CA
Agency Negotiators: John Hess, Robert Newby
Negotiating Party or Parties: American Renal
Management LLC
Under Negotiation: Price and Terms of Payment
ITEM H
CONFERENCE WITH REAL
PROPERTY NEGOTIATORS
(Government
Code Section 54956.8)
Property Description: 3330 A, 3346, 3350, 3500
(A, B, C) W. Mineral King Ave. Properties
Agency Negotiators: John Hess, Robert Newby
Negotiating Party or Parties: Hyde Children
Family Partnership II, David Hyde as Trustee for the David G. Hyde Trust,
Shelly Hyde
Under Negotiation: Price and Terms of Payment
ITEM I
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government
Code Section 54956.9(d)(1)]
Name of Case: Chan, Albert vs. County of
Tulare, et al.
Tulare County Superior Court Case No. VCU269829
ITEM J
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government
Code Section 54956.9(d)(1)]
Name of Case: Lori Martin v. County of Tulare
Workers’ Compensation Appeals Board Nos.:
ADJ9351659, ADJ9351660
ITEM K
CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION
[Government
Code Section 54956.9(d)(1)]
Name of Case: Renee Smale v. County of Tulare
Workers’ Compensation Appeals Board Nos.:
ADJ10634633, ADJ10634212
ITEM L
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of Potential Cases: 1
ITEM M
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 public hearing agenda item
regarding review of Tulare County’s 2018 Annual General Plan and Housing
Element Progress Reports.
