MEMBERS OF THE BOARD

 

KUYLER CROCKER

District One

 

PETE VANDER POEL – Chair

District Two

 

AMY SHUKLIAN – Vice Chair

District Three

 

EDDIE VALERO

District Four

 

DENNIS TOWNSEND

District Five

 

County Seal b&w

 

Board of Supervisors

 

Agenda

 

JASON T. BRITT

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

 

January 14, 2020

 

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

 

In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the Clerk of the Board of Supervisors as soon as possible during office hours at (559) 636-5000 or at clerkoftheboard@co.tulare.ca.us. Reasonable requests made at least 48 hours in advance of the meeting will help to ensure accessibility to this meeting.

PUBLIC COMMENT PERIOD: 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.  Please complete and submit a comment card indicating your interest in that particular agenda item. 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.

 

Documents related to the items on this Agenda are available for public inspection in the Clerk of the Board of Supervisors Office, 2800 W. Burrel Avenue, Visalia, CA during normal business hours, 7:30 a.m – 5:30 p.m., Monday through Thursday and 8:00 a.m -12:00 p.m. on Friday.  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.


(

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 introduce and waive the first reading of an Amendment to Ordinance No. 352, the Tulare County Zoning Ordinance, for Change of Zone No. PZC 19-012 to change the zone on a 2.88-acre parcel from “A-1” (Agricultural) to “M-1” (Light Manufacturing), on property located between State Route 65 and Road 216 (Lindsay Boulevard), approximately 650 feet north of Avenue 216, inside the Lindsay Urban Area Boundary. 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 Common Sense Rule. Direct the Environmental Assessment Officer or designee to file a Notice of Exemption with the Tulare County Clerk as provided by CEQA. Adopt the findings of approval, as set forth in Planning Commission Resolution No. 9508 and approve Zone Change No. PZC 19-012. Waive the final reading and adopt the amendment to Ordinance No. 352, the Tulare County Zoning Ordinance for PZC 19-012. Direct the Clerk of the Board to publish the adopted Ordinance and Amended Zoning Map.

(Consent Calendar)

CONSENT CALENDAR (Numbers 4 through 16)

 

 

NOTICE TO THE PUBLIC

These items are routine and usually approved by one motion. Before action by the Board, the Chairman will ask the Board Members and the public if they wish to remove any item from the Consent Calendar for separate consideration. Items removed from the Consent Calendar may be heard immediately before or after the approval of the Consent Calendar, or may be set aside until later in the morning.

 

 

 

 

Board of Supervisors

4.            Reappoint Jeffrey Steen to the Director Seat on the Tulare County Pest Control District for a term ending April 23, 2022.

5.            Reappoint Betsey Foote to the Seat 1 on the Kings/Tulare Area Agency on Aging Advisory Council for a term ending December 31, 2023.

Fire Department

6.            Authorize the submission of a grant application for a California Office of Traffic Safety Emergency Services Grant to provide 26 sets of high pressure low lift airbags, 7 sets of Combi-Tools, 9 Fully Equipped Extrication Systems, and 5 vehicle stabilization struts, in an amount not to exceed $569,385. Authorize the Fire Chief, or designee, to sign and submit the grant application.

 

 

 

Health & Human Services Agency

7.            Authorize the submission of an advance grant application in the amount of $564,569 to the Governor’s Office of Emergency Services for the Fiscal Year 2020. The State Homeland Security Grant Program will support emergency preparedness, prevention and response activities conducted by the County of Tulare and other subrecipients in the Tulare Operational Area. Approve the Governing Body Resolution to appoint Authorized Agents to act on behalf of the County in securing and administering Fiscal Year 2020 State Homeland Security Grant Program grant funds. Authorize the Health & Human Services Agency Director, or designee, with direction from the local Approval Authority, to make necessary adjustments to the grant application as required to conform to Federal and State grant guidance once released, and scale the grant to meet the final allocation in an amount not less than $500,000 and not to exceed $650,000.

8.            Approve an agreement with Sierra Vista Pharmacy to provide prescription drugs at a discounted rate to patients of Tulare County Health Care Centers, retroactive from January 1, 2020 through January 1, 2023. 

Probation

9.            Approve the distribution of Assembly Bill 109 Base Funding estimated at $19,580,361 for FY 2019/2020. Approve the distribution of ninety-percent ($954,018.90) of the total FY 2018/2019 Assembly Bill 109 Growth Funding of $1,060,021, which is divided equally between the Sheriff’s Office ($477,009.45) and Probation Department ($477,009.45) to fund continued implementation of criminal justice realignment in Tulare County. Approve ten-percent ($106,002.10) of the total FY 2018/2019 Assembly Bill 109 Growth Funding of $1,060,021 to remain in the Local Innovation Fund.

Resource Management Agency

10.         Authorize Zone Change Initiation No. PZC 19-014 (Orozco/Dinuba) to proceed as a Zone Change from the AE-20 (Exclusive Agricultural – 20 Acre Minimum) to the C-3 (Service Commercial) Zone, on a 3.5-acre portion of a 9.88-acre parcel, located at 42249 Road 64, on the west side of Road 64 at the Avenue 424 alignment, approximately 0.45 mile west of the Dinuba Urban Development Boundary.

11.         Review and approve the submittal of an application for $300,000 in grant funding from the State Department of Housing and Community Development Home Investment Partnerships Program, to assist low or very low-income households with first-time homebuyer mortgage assistance in the unincorporated areas of Tulare County for a grant period of three years. Adopt the Resolution-HOME Investment Partnerships Program.

12.         Accept the work for the construction of the Avenue 280 Widening Project as complete by Cal Valley Construction, Inc. of Fresno, 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 Clerk-Recorder.

13.         Reject all bids received on December 19, 2019, for the M348 over South Fork Kaweah River Bridge Project.  Approve the re-advertisement for bids for the M348 over South Fork Kaweah River Bridge Project.

14.         Approve the Final Map for Subdivision Tract No. TSM 17-003, located on the south side of Avenue 413 east of Road 124 in the community of Orosi. Approve an agreement with Self Help Enterprises to complete all required public improvements for Subdivision Tract No. TSM 17-003 for the period of one year after Board approval. Accept the road right of way dedications for Subdivision Tract No. TSM 17-003 as shown on the Final Map, subject to completion of road construction and acceptance of public improvements.

15.         Approve proceedings to form Assessment District No. 19-17-003-OROSI, to pay for storm drainage system maintenance within Subdivision Tract No. TSM 17-003, located on the south side of Avenue 413 east of Road 124, in the community of Orosi. Approve the proposed Boundary Map and proposed Assessment Diagram, direct the Clerk of the Board to file certified copies with the Clerk-Recorder. Approve the Engineer’s Report. Declare the Board’s intention to levy and collect assessments. Accept the ballot and waiver of public meetings and hearings, including notice thereof, provided by the property owner. Approve the formation of the Assessment District and imposition of assessments. Approve an agreement with Self-Help Enterprises authorizing to collect the assessments for Fiscal Year 2019/2020 and 2020/2021 upon first conveyance of each lot.  Approve the AUD 308 form establishing a budget for the Assessment District (4/5ths vote required).

16.         Approve proceedings to form Assessment District No. 19-17-003R-OROSI, to pay for public street maintenance within Subdivision Tract No. TSM 17-003, located on the south side of Avenue 413 east of Road 124, in the community of Orosi. Approve the proposed Boundary Map and proposed Assessment Diagram, direct the Clerk of the Board to file certified copies with the Clerk-Recorder. Approve the Engineer’s Report. Declare the Board’s intention to levy and collect assessments. Accept the ballot and waiver of public meetings and hearings, including notice thereof, provided by the property owner. Approve the formation of the Assessment District and imposition of assessments. Approve an agreement with Self-Help Enterprises authorizing to collect the assessments for Fiscal Years 2019/2020 and 2020/2021 upon first conveyance of each lot. Approve the AUD 308 form establishing a budget for the Assessment District (4/5ths vote required).

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

17.         Request from the Probation Department to receive a presentation regarding the use of the California State Association of Counties Support Hub.

18.         Request from the Health and Human Services Agency to approve the Emergency Animal Supply Deposit terms and conditions from the California Veterinary Medical Foundation for acceptance of a cargo container filled with basic emergency animal sheltering supplies.

19.         Request from the Fire Department to approve an agreement with the Tule River Indian Tribe, for providing mutual aid/dispatching services, retroactive from November 1, 2019 through November 1, 2022.

BOARD MEMBER REQUESTS

20.         Board members may make a referral to staff to have a matter of business be considered for a future agenda (Gov. Code, sec. 54954.2, subd. (a)(3)).

 (Closed Session)

 

CLOSED SESSION

 

 

NOTICE TO THE PUBLIC

CLOSED SESSION

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 public hearing agenda item pertaining to an amendment to the Tulare County Zoning Ordinance No. 352 for Zone Change No. PZC 19-012 - Haas-Lindsay.

ITEM B

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  Tulare Court House, 425 E. Kern Avenue, Tulare, CA 

Agency Negotiators:  General Services Agency, Bertha Martinez, Laura Silva

Negotiating Party or Parties:  Judicial Council of California

Under Negotiation:  Price and Terms of Payment

ITEM C

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  BNSF Railway Co. v. Alameda County et al.,

CA Northern District Court Case No. 4:19-cv-07230-HSG

ITEM D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  State of California ex rel. OnTheGo Wireless, LLC v. Cellco Partnership 

d/b/a/ Verizon Wireless, et al., Sacramento Superior Court Case No. Case No.: 34-2012-00127517

ITEM E

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION

(Government Code Section 54956.9(d)(4))

Number of Potential Cases: 1

ITEM F

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Kimberly Hernandez v. County of Tulare

Workers’ Compensation Appeals Board No. ADJ11272726

ITEM G

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Maribel Verduzco v. County of Tulare

Workers’ Compensation Appeals Board Nos.: ADJ10634566, ADJ10634567

ITEM H

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION

(Government Code Section 54956.9(d)(4))

Number of Potential Cases: 1

ITEM I

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.