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

 

July 21, 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.             Present a Proclamation recognizing the week of July 19-25 as Probation Services Week in Tulare County.

3.             Receive an update from the Health & Human Services Agency on COVID-19 status and response efforts in Tulare County.

4.             Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

5.            PUBLIC HEARING: Request from the Resource Management Agency to authorize and approve the submittal of an application in an amount not to exceed $3,501,506 in grant funding from the State Department of Housing and Community Development Permanent Local Housing Allocation (PLHA) program, to fund various affordable housing activities in Tulare County within the 5-year Plan, including the construction of an 80-Unit Affordable Apartment Complex (Lofts at Fort Visalia) and a single-family subdivision (Goshen Village East). Authorize the Chair to sign the application. Adopt the Resolution-PLHA Program.

6.            PUBLIC HEARING: Request from the Resource Management Agency to adopt the Planning Commission's findings and recommendation to approve (1) Development Agreement No. DEV 20-001 with Omni Development Group, to quitclaim three unimproved pieces of real property, measuring 5,632 square feet, 248.6 square feet, and 15,288.6 square feet, identified and specifically defined as Areas 1, 2 and 3 of the Development Agreement, and vest the rights to develop the site per their plans. In exchange, Omni Development Group shall construct and make contributions toward the cost of public improvements in order to mitigate the impacts of development of the Project Site, as such development occurs, and (2) Tentative Parcel Map No. PPM 20-010 to divide 15.13-acres into eight (8) parcels in the C-2-MU (General Commercial with a Mixed-Use Overlay Combining Zone) located at 6670 Betty Drive, Goshen as set forth in Planning Commission Resolutions No. 9742 and 9743. Accept the Statutory Exemption for Development Agreement No. DEV 20-001, consistent with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, pursuant to Title 14, Cal. Code Regulations Section 15268(b)(1) Ministerial Issuance of Building Permits and Section 15300.4 for infrastructure improvements and accept the Common Sense Exemption for Tentative Parcel Map No. PPM 20-010, consistent with CEQA and the State CEQA Guidelines pursuant to Title 14, Cal. Code Regulations, Section 15061(b)(3), since the proposed land division will not make any physical changes to the environment.  Authorize execution of the Development Agreement and the Infrastructure Reimbursement Agreement. Direct the Clerk of the Board to publish the adopted Ordinance for Development Agreement No. DEV 20-001.

7.            PUBLIC HEARING: Request from the Resource Management Agency to adopt the Planning Commission's recommendations and findings of approval for General Plan Amendment No. GPA 20-007, Change of Zone No. PZC 20-002 and Tentative Subdivision Map No. TSM 20-001 for Gamaliel Aguilar to change the zone  on one 12-acre parcel located at 13198 Avenue 232, Tulare, CA, from Exclusive Agriculture – 40 acre minimum (AE-40) to Rural Residential – 87,000 sq. ft. minimum (R-A-87) , as set forth in Planning Commission Resolutions No. 9731, 9732, and 9733. 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. Direct the Clerk of the Board to publish the adopted Ordinance and Amended Zoning Map for PZC 20-002.

8.            PUBLIC HEARING: Request from the Resource Management Agency to accept the Tulare County Planning Commission ("Planning Commission") recommendation and approve an Addendum to the 2017 Final Environmental Impact Report (“2017 FEIR”) for the 2017 Animal Confinement Facilities Plan (“2017 ACFP”) and the 2017 Dairy and Feedlot Climate Action Plan (“2017 Dairy CAP”) for the purpose of considering the proposed 2020 Amendments to the 2017 ACFP and 2017 Dairy CAP. Accept the Planning Commission recommendations and adopt General Plan Amendment No. 20-009 for the proposed first Amendment ("2020 ACFP Amendment") to the 2017 ACFP set out in Chapter 12 of the Tulare County General Plan 2030 Update, and approve an amendment (2020 Dairy CAP Amendment") to the 2017 Dairy CAP.

(Consent Calendar)

CONSENT CALENDAR (Numbers 9 through 20)

 

 

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.

 

Agricultural Commissioner/Sealer

9.            Approve an agreement with the California Department of Food and Agriculture, to provide State funding of $48,179.79 to offset costs of providing fruit and vegetable inspection services for the State Standardization program, retroactive from July 1, 2020 through June 30, 2021. 

10.         Approve an agreement with the California Department of Food and Agriculture for providing State subvention in the amount of $336,871.35 to offset costs of providing Asian Citrus Psyllid bulk citrus regulatory activities, retroactive from July 1, 2020 through June 30, 2021.

Board of Supervisors

11.         Reappoint Steven E Scarbrough to the Director Seat on the Southern Tulare Citrus Pest Control District for a term ending July 6, 2024.

12.         Appoint Juan H. Martinez to the Director - At Large Seat on the Exeter District Ambulance for a term ending December 4, 2020.

County Administrative Office

13.         Approve an agreement with the Workforce Investment Board to administer the Tulare County COVID-19 Business Assistance Grant Program, in an amount not to exceed $320,000, effective July 21, 2020 through December 30, 2020. Establish a $7.5 million appropriation of CARES Act Funding for the COVID-19 Business Assistance Program, and approve the necessary budget adjustments (4/5ths vote required).

District Attorney

14.         Approve an amendment to Agreement No. 29486 with the California Governor's Office of Emergency Services for the Elder Abuse Program grant, to reduce the total project amount from $238,018 to $190,414, retroactive from January 1, 2020 through December 31, 2020, due to the recent opportunity presented by the California Governor's Office of Emergency Services to reduce the County's cash match.

 

 

 

Health & Human Services Agency

15.         Approve a Personnel Resolution to revise the job specifications for the Public Health Manager classification.

16.         Approve the acceptance of funds from the California Department of Public Health for the Community Sentinel Surveillance project to support in the response to the COVID-19 crisis in an amount not to exceed $125,000, retroactive from March 5, 2020 through March 15, 2021.  Approve the Capital Asset purchase of an automated RT-PCR Platform needed to perform essential laboratory tests that support the activities of the Community Sentinel Surveillance project in an amount not to exceed $100,000.

17.         Approve the Capital Asset purchase of one (1) vehicle for the Woman, Infant and Children program to perform essential functions in an amount not to exceed $24,999.

Resource Management Agency

18.         Approve the Plans, Special Provisions, Proposal and Contract Bid Documents for the Construction of the Community Accessibility Enhancement Project 2.0, in the communities of Terra Bella, Ivanhoe, Pixley and Cutler effective upon approval by the Board of Supervisors. Approve the Advertisement for Bids of the Community Accessibility Enhancement Project 2.0. 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 Community Accessibility Enhancement Project 2.0. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the Clerk-Recorder.

19.         Approve an amendment to Agreement No. 29290 with the State of California Department of Conservation Transformative Climate Communities (TCC) Program for the Matheny Tract Climate Adaptation Plan to extend the grant expiration term from July 30, 2020 to October 31, 2020 and include minor budget changes.

20.         Accept the work for the construction of the Seville & Yettem Water System Improvement Project Phase 1 as complete by Brough Construction, Inc. of Arroyo Grande, California. Direct the Clerk of the Board to have the Notice of Completion recorded with the Clerk-Recorder.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

21.         Request from the Resource Management Agency to receive a presentation to consider the 2019 Annual Report of Total Greenhouse Gas Emissions from Dairies and Feedlots (“2019 Annual Report”) and provide an opportunity for public comment. Accept a Categorical Exemption consistent with the California Environmental Quality Act (“CEQA”) Title 14 California Code of Regulations, Section 15061(b)(3) Common Sense Exemption and Section 15306, Information Collection. 

22.         Presentation given by the Fire Department regarding an overview of the department.

23.         Request from Health and Human Services Agency to approve the ten-year master lease agreement with Kaweah Management Company in an amount not to exceed $4,345,560 to provide 56 housing units at 26442 N Highway 99, Tulare, CA 93274 for individuals experiencing homelessness in Tulare County effective July 21, 2020 through June 30, 2030. Approve the Waiver of Rights agreement for occupancy at 26442 N Highway 99, Tulare, CA 93274.

BOARD MEMBER REQUESTS

24.         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 Resource Management Agency’s request to adopt the Planning Commission’s recommendations and findings of approval for General Plan Amendment No. GPA 20-007, Change of Zone No. PZC 20-002 and Tentative Subdivision Map No. TSM 20-001.

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 pertaining to Development Agreement No. DEV 20-001, Tentative Parcel Map No. PPM 20-010 Omni Development Group/Goshen

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 regarding the Resource Management Agency’s request to adopt a 5 year Permanent Housing Allocation Plan as a requirement of submitting a grant application to the CA Department of Housing and Community Development.

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 Agenda Items regarding the Resource Management Agency’s request to 1) Adopt amendments to the County’s General Plan in regards to the Animal Confinement Facilities Plan (ACFP) and the Dairy and Feedlot Climate Action Plan (Dairy CAP); and 2) Receive a presentation on the 2019 Annual Report of Total Greenhouse Gas Emissions from Dairies and Feedlots.

ITEM E

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 on proposed Master Lease Agreement with Kaweah Management Company to provide 56 housing units at 26442 N Highway 99, Tulare, CA for individuals experiencing homelessness.

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

THREAT TO PUBLIC SERVICES OR FACILITIES: 

(Government Code Section 54957)

Consultation with: Tulare County Sheriff Staff

ITEM H

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Charles Rooney v. County of Tulare

Workers’ Compensation Appeals Board Nos.: ADJ9109208, ADJ9291352

ITEM I

CONFERENCE WITH LABOR NEGOTIATORS

(Government Code Section 54957.6)

Agency Designated Representatives: Jason T. Britt

Employee Organizations: All Certified Employee Organizations       

Unrepresented Employees: All Unrepresented Employees.