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

 

March 24, 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 Agricultural Commissioner Department to propose two ordinances related to the regulation of Industrial Hemp Cultivation and Processing: the first ordinance to establish regulation for the Cultivation and Processing of Industrial Hemp in the unincorporated areas of Tulare County, adding chapter 5-10 to Part VI of the Tulare County Code, and the second ordinance to amend sections 9.5, 9.55, 9.6, 9.7, 9.8, 13, 14, and 16 of the Zoning Ordinance Code of Tulare County, pertaining to the Cultivation and Processing of Industrial Hemp in the unincorporated areas of Tulare County.  Introduce and waive the first reading of an ordinance establishing regulation for the Cultivation and Processing of Industrial Hemp in the unincorporated areas of Tulare County, adding chapter 5-10 to Part VI of the Tulare County Code. Introduce and waive the first reading of an ordinance amending sections 9.5, 9.55, 9.6, 9.7, 9.8, 13, 14, and 16 of the Zoning Ordinance Code of Tulare County, pertaining to the Cultivation and Processing of Industrial Hemp in the unincorporated areas of Tulare County.  Set the second reading of the ordinances for April 7, 2020. Direct the Clerk of the Board to publish a summary or summaries of the ordinances before the second reading, as required by law.

(Consent Calendar)

CONSENT CALENDAR (Numbers 4 through 21)

 

 

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.

 

 

 

 

Auditor-Controller/Treasurer-Tax Collector

4.            Approve Alpine Village-Sequoia Crest Community Services District’s request to continue with an annual financial compilation for the Fiscal Year ended June 30, 2020 (unanimous vote required).

Clerk of the Board

5.            Approve the Bylaws of the Hope Water District.

County Counsel/Risk Management

6.            Approve an agreement with West Publishing Corporation, a Thomson Reuters Company, for a subscription to Westlaw Proflex online legal research software in an amount not to exceed $191,000, effective March 27, 2020 through March 31, 2024. This agreement will replace and supersede Agreement No. 27982.

District Attorney

7.            Approve the capital asset purchase of one closed circuit video system in an amount not to exceed $21,000 for Fiscal Year 2019/20. Approve the necessary budget adjustments (4/5ths vote required).

8.            Approve a Memorandum of Understanding between the Office of the Tulare County District Attorney, Tulare County Sheriff’s Office, Tulare County Health & Human Services Agency/Child Welfare Services, Tulare County Probation Department, Family Services of Tulare County, and identified Human Trafficking Task Force non-Tulare County agencies, retroactive from January 1, 2020 through September 30, 2022. Authorize the District Attorney, Sheriff-Coroner, Tulare County Health & Human Services Agency Director, and the Chief Probation Officer to sign the Memorandum of Understanding.

Fire Department

9.            Approve the Notice of Exemption pursuant to the California Environmental Quality Act and the State CEQA Guidelines for the Posey Hazard Fuel Reduction Project. Direct the Environmental Assessment Officer of the Tulare County Resource Management Agency, or their designee, to file a Notice of Exemption with the Clerk-Recorder.

10.         Approve the Notice of Exemption pursuant to the California Environmental Quality Act and the State CEQA Guidelines for the Hartland Hazard Fuel and Tree Reduction Project. Direct the Environmental Assessment Officer of the Tulare County Resource Management Agency, or their designee, to file a Notice of Exemption with the Clerk-Recorder.

11.         Approve the Notice of Exemption pursuant to the California Environmental Quality Act and the State CEQA Guidelines for the Camp Nelson Hazard Fuel and Tree Reduction Project. Direct the Environmental Assessment Officer of the Tulare County Resource Management Agency, or their designee, to file a Notice of Exemption with the Clerk-Recorder.

General Services Agency

12.         Approve the Purchase Agreement with Escrow Instructions for the sale of the real property identified as a 2.26 acre portion of Assessor’s Parcel No. (APN) 087-460-007 at the Tulare-Akers Professional Building parking lot located at 5300 W. Tulare Ave., Visalia for a price of $1,450,000.00 to Paloma Development, Inc., a California Corporation. Authorize the General Services Agency Director, or designee, to open escrow and sign all documents to facilitate the escrow for this sale. Direct the County Environmental Assessment Officer to file a Notice of Exemption with the Clerk-Recorder.

Health & Human Services Agency

13.         Approve an agreement with the California Department of Education for the Summer Food Service Program in an amount not to exceed $6,466, effective June 15, 2020 through September 14, 2020. Ratify the Chair's signature on the Contractor Certification Clauses and the Federal Certifications.

14.         Approve an agreement with the California Department of Social Services (CDSS) for the provision of legal consultation and representation services to the County in administrative appeals associated with the Resource Family Approval (RFA) program, retroactive from July 1, 2019 through June 30, 2021.

15.         Approve an agreement with ExMed, Inc. for the provision of adult, adolescent, and child psychiatric services in an amount not to exceed $1,500,000, retroactive from July 1, 2019 through June 30, 2020.

Resource Management Agency

16.         Approve the agreement for Utility Relocation with Pacific Gas & Electric Company, for relocation work of an electric guy/anchor in connection with the Avenue 416 Widening Project in an amount not to exceed $14,911, effective upon approval by the Board of Supervisors. Adopt the Categorical Exemption prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines General Rule Exemption per Section 15300.4 Application by Public Agencies and Section 15301 Existing Facilities, respectively, for the Avenue 416 Widening Project. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the Clerk-Recorder.

17.         Approve the Consent to Common Use Agreement for Utility Relocation with Pacific Gas & Electric Company, for relocation work of an electric guy/anchor in connection with the Avenue 416 Widening Project, effective upon approval by the Board of Supervisors.

18.         Approve the Plans, Special Provisions, Proposal and Contract (“Bid Documents”) for the Construction of the 2020 Road Repair and Accountability Act Project 1. Approved the Advertisement for Bids of the 2020 Road Repair and Accountability Act Project 1. Adopted the Categorical Exemption prepared pursuant to the California Environmental Quality Act and the State CEQA Guidelines General Rule Exemption per Section 15300.4 Application by Public Agencies and Section 15301 Existing Facilities, respectively, for the 2020 Road Repair and Accountability Act Project 1. Authorized the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the Clerk-Recorder.

19.         Approve an agreement with Southern California Gas Company for providing a Natural Gas Service Line at the Tulare County Transit Operations and Maintenance Facility, effective upon approval by the Board of Supervisors.

20.         Direct the Clerk of the Board to certify Sequoia Gateway LLC’s petition, consent and election to Annexation No. 1. Approve Community Facilities District 2019-01 Annexation No. 1 (Tax Zone 2), located on (Caldwell Avenue) at the southeast corner of State Route 99 and Avenue 280. Direct the Clerk of the Board to sign the Annexation 1 Boundary Map within 15 days. Direct the Clerk of the Board to record the notice of special tax lien within the 15 days.

21.         Authorize Zone Change Initiation No. PZC 19-019 (Dolieslager/Dinuba) to submit an application for a Zone Change from the AE-40 (Exclusive Agricultural – 40 Acre Minimum) Zone to the C-2 (General Commercial) Zone, on three (3) 2-acre future parcels of a 18.5-acre parcel, associated with Tentative Parcel Map No. PPM 20-004, located at the southwest corner of Road 80 and Avenue 384, approximately 2.75 miles south of the Dinuba Urban Development Boundary.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

22.         Request from the Clerk of the Board to amend Resolution No. 2020-0057 regarding evening meetings in 2020 by deleting the March 31, 2020 evening meeting and related 3:00 p.m. closed session. The regular meeting on March 31, 2020 will now be held in the Board Chambers at 2800 W. Burrel Ave., Visalia, at 9:00 a.m. as usual.

BOARD MEMBERS REQUESTS

23.         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 agenda item regarding the Industrial Hemp Ordinances.

ITEM B

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM C

THREAT TO PUBLIC SERVICES OR FACILITIES: 

(Government Code Section 54957)

Consultation with: Tulare County Sheriff Staff

ITEM D

CONFERENCE WITH LABOR NEGOTIATORS

(Government Code Section 54957.6)

Agency Designated Representatives: Rhonda Sjostrom, Jason T. Britt

Employee Organizations:  All Certified Employee Organizations      

Unrepresented Employees:  All Unrepresented Employees.