MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL-Chairman

District Two

 

PHILLIP A. COX-Vice Chairman

District Three

 

J. STEVEN WORTHLEY

District Four

 

MIKE ENNIS

District Five

 

 

Board of Supervisors

 

Agenda

 

 

 

 

JEAN M. ROUSSEAU

County Administrator

 

KATHLEEN BALES-LANGE

County Counsel


MICHELLE BALDWIN

Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA 93291

(559) 636-5000

FAX (559) 733-6898


October 22, 2013

 

9:00 AM. Board Convenes

 

PLEDGE OF ALLEGIANCE

Moment of Silence

 

 

 

NOTICE TO THE PUBLIC

PUBLIC COMMENT PERIOD

At this time, 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. 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.


(Public Comment Period)

 

1.                  Recognize Sergeant James McKay upon his retirement from the Sheriff's Office for his many years of County service.

2.                  Adopt a Resolution proclaiming the week of October 23-31, 2013 as "Red Ribbon Week" in Tulare County.

3.                  Public Comments.

4.                  Board of Supervisors matters.


 

 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

5.                  PUBLIC HEARING: Request from the Resource Management Agency to hold a public hearing regarding Tentative Subdivision Map for Tract No. TM 809 and Preliminary Site Plan Review No. PSR 09-006 submitted by Dr. Edward Shellinck, 2065 S. Sconyer Ct., Turlock, CA 95382 (Agent: Forester, Weber and Associates, 1620 W. Mineral King Avenue, Visalia, CA 93291), for a subdivision of 61 acres into 20 rural residential lots and one well lot on property zoned PD-F-M (Planned Development-Foothill-Special Mobilehome), located at the northeast intersection of Reservation Road and Road 296, approximately three miles southeast of the City of Porterville and approximately five miles west of the Tule River Indian Tribe Boundary (generally described as a portion of Section 12, Township 22 South, Range 28 East, MDB& M). Adopt by reference the findings as set forth in Planning Commission Resolution No. 8685 and the draft resolution for approval. Find there is no substantial evidence that said Tentative Subdivision will have a significant effect on the environment and approve the Addendum to the Negative Declaration prepared for the project on April 7, 2001 in compliance with the California Environmental Quality Act. Approve the Tentative Map for Tract No. 809, with exceptions pertaining to requirements of curb and gutter and maximum cul-de-sac length, subject to the conditions recommended by the Planning Commission in Resolution No. 8685 and in the draft resolution for approval. Direct the Environmental Assessment Officer of the Tulare County Resource Management Agency to file the Notice of Determination with the Tulare County Clerk.

(Consent Calendar)

CONSENT CALENDAR (Number 6 through 21)

 

 

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 members on any item, that item will be removed from the Consent Agenda if separate action is required.

 

 

Board of Supervisors

6.                  Ratify the following Proclamations: Honoring the Curti Family on its 100th Anniversary in Dairy and Farming; and Honoring the Big Creek Centennial.

7.                  Appoint Cheryl Duerksen, Department Head Seat to the Audit Committee to serve at the Pleasure of the Board.

Capital Projects and Facilities

8.                  Accept the Probation Youth Facility Roofing Project at 11150 Avenue 368, Visalia, as a completed project. Authorize the Chairman of the Board of Supervisors to sign the Notice of Completion for the subject project. Direct the Clerk of the Board of Supervisors to record the Notice of Completion for the subject project with the office of the Tulare County Recorder.

County Administrative Office

9.                  Reappoint the following individuals to the Tulare County Indian Gaming Local Community Benefit Committee as follows: Robin Skiles, County Representative for a term ending January 1, 2015; Joe Garcia, County Representative for a term ending January 1, 2014; Mike Ennis, Mutually Selected Member for a term ending January 1, 2014; and John Crivello, County Representative-Alternate for a term ending January 1, 2017. Approve revised term ending dates for vacant Tulare County Indian Gaming Local Community Benefit Committee positions as follows: Mutually Selected Member for a term ending January 1, 2014; Mutually Selected Member for a term ending January 1, 2015; and Mutually Selected Member (Vacant) for a term ending January 1, 2017.

10.             Ratify actions taken by the County Administrative Officer during the month of September 2013 regarding Good Works Funding Agreements.

11.             Approve sending a letter supporting the appointment of Paul Boyer to the Central Valley Regional Water Quality Control Board.

Health & Human Services Agency

12.             Approve an agreement with California Department of Forestry to provide testing and permitting of the Mountain Home Demonstration State Forest campgrounds water system through August 31, 2016.

13.             Approve an agreement with Tulare County Office of Education for the NEOP Program for school and afterschool education to promote increased fruit and vegetable consumption and physical activity among the Supplemental Nutrition Assistance Program Education (SNAP-ED) eligible population in an amount not to exceed $890,000, retroactive to October 1, 2013 through June 30, 2016. Find that the Board had the authority to enter into the proposed agreement as of October 1, 2013, and that it was in the County's best interest to enter into the agreement on that date.

14.             Approve an agreement with Foodlink for Tulare County, Inc. for the NEOP Program to promote increased fruit and vegetable consumption and physical activity among Supplemental Nutrition Assistance Program Education (SNAP-ED) eligible population in an amount not to exceed $65,000, retroactive to October 1, 2013 through June 30, 2016. Find that the Board had the authority to enter into the proposed agreement as of October 1, 2013, and that it was in the County's best interest to enter into the agreement on that date.

15.             Approve the License Agreement with ComcastPhone LLC for subscriber data for emergency notifications in an amount not to exceed $1,000 per year, retroactive to July 1, 2013 and effective through June 30, 2014 with an automatic renewal on July 1 of each subsequent year until terminated. Find that the Board had the authority to enter into the agreement as of July 1, 2013, and that it was in the County's best interest to do so on that date.

16.             Adopt the California Department of Veterans Affairs (CalVet) Special Certificate of Compliance for Fiscal Year 2013/2014 for the One-Time Funding Subvention Program. Approve the necessary budget adjustments (4/5ths vote required).

Resource Management Agency

17.             Approve an agreement with the State of California, for cost reimbursement of transit operating expenses, retroactive to July 1, 2012 through March 31, 2014. Find that the Board had the authority to enter into the proposed agreement as of July 1, 2012, and that it was in the County's best interest to enter into the agreement on that date. Authorize the Chairman of the Board to sign the Standard Agreement, subject to review and approval as to form by County Counsel. Authorize the Chairman of the Board to sign the reimbursement request upon approval of the agreement by the State.

18.             Approve an amendment to Agreement No. 25136 with Tulare County Association of Governments to modify the purchase price of the regional T-PASS. Find that the Board had the authority to enter into the proposed amendment as of October 1, 2013, and that it was in the County's best interest to enter into the amendment on that date.

19.             Adopt the Revision of Mileage of Maintained County Roads identifying that Tulare County maintained mileage is 3038.10 miles as of December 31, 2012. Direct the Clerk of the Board of Supervisors to return to the Resource Management Agency a certified copy of the resolution to be filed with Caltrans.

20.             Approve the Final Map for Subdivision Tract No. 816 located at the southeast corner of Avenue 272 and State Highway 99, southwest of Visalia.

21.             Authorize the filing of Notices of Partial Non-Renewal for the following four (4) Land Conservation Contracts as provided in the Williamson Act. The request fulfills conditions resulting from one parcel map and three lot line adjustment projects. Approve the execution of amendments to the Land Conservation Contracts as a condition of approval for the aforementioned partial non-renewals. PNR 13-005 - Williamson Act Contract No. 8821, Ag Preserve No. 2992, located at the east side of Palm Avenue (Road 76) approximately 1,320 feet south of Avenue 216, west of Tulare (Costa) (1.13 acres to be non-renewed as a condition of PPM 13-011) (37.75 acres in two parcels subject to contract amendment). PNR 13-015 - Williamson Act Contract No. 6802, Ag Preserve No. 2276, located on the south side of Avenue 152 and west of Road 80, west of Tipton (Anthony Adkins, Florine Alsup, Phyllis M. Faria, and Ronnie A. Faria) (1.49 acres to be non-renewed as a condition of PLA 13-016) (198.24 acres in two parcels subject to contract amendment). PNR 13-025 - Williamson Act Contract No. 6745, Ag Preserve No. 2244, located on the south side of Avenue 332 and west of Road 212 (SR 245) south of Woodlake (John and Vikki Sweeney) (2.65 acres from 28.65 acres to be non-renewed as a condition of PLA 13-030) (26.0 acres in one parcel subject to contract amendment). PNR 13-026 - Williamson Act Contract No. 8329, Ag Preserve No. 2742, located on the south side of Avenue 332 and west of Road 212 (SR 245) south of Woodlake (John and Vikki Sweeney) (3.97 acres to be non-renewed as a condition of PLA 13-030).

(Items Not Timed)

 

 

 

 

 

 

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

22.             Request from the Sheriff's Department to approve and adopt the Resolution for a grant submission of a SB 1022 application to the California Board of State and Community Corrections for up to $40 million to construct the proposed Sequoia Field Program Facility in Tulare County. Authorize the Chairman to sign the SB 1022 proposal form and any related agreements and documentation required by the program. Authorize the required cash match of $2,200,000 as outlined in the SB 1022 proposal form and approve the necessary budget adjustments. (4/5ths vote required)

23.             Request from the Resource Management Agency to authorize the preparation of a tentative and final parcel map for Sequoia Field. Authorize the Chairman of the Board of Supervisors to sign and file a tentative parcel map application, and any other related documents, on the behalf of Tulare County. Authorize the Chairman of the Board of Supervisor to sign the final parcel map, and any other related documents on behalf of Tulare County.

24.             1:30 p.m. Marijuana Study Session: Request from County Administrative Office to provide direction to staff as to which, if any, of the four proposed options staff should pursue with regard to modification of Tulare County Ordinances related to medical marijuana, or provide direction to modify one of the proposed options. Option 1: Permanently extend moratorium on storefront and online/mobile dispensaries and collective grow sites; allow only individual grow sites. Establish plant limits for individual sites. Discuss option of outdoor grow sites with plant limitations, and setback requirements out of view of public areas. Option 2: Permanently extend moratorium on storefront and online/mobile dispensaries, collective grow sites, and ban individual grow sites. Option 3: Repeal moratorium on collective grow sites and dispensaries. Maintain existing ordinance allowing up to three collective grow sites with clean up language. Clarify that storefront and online/mobile dispensaries are banned. Option 4: Repeal moratorium on collective grow sites and dispensaries. Allow individual grow sites, collective grow sites, and storefront dispensaries. Clarify maximum allowed dispensaries and collectives and position on online/mobile dispensaries. Establish any additional desired criteria such as business licenses for storefront dispensaries.

(Closed Session)


 

CLOSED SESSION

 

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 the closed session will be made in accordance with Government Code sections 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

Details

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

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

Amendment to Ordinance Code Pertaining to Medical Marijuana,

Board of Supervisors Agenda Item, October 22, 2013

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

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

Number of Potential Cases: 1

Next Item(s) Sitting as...

ITEM D

CONSIDER PUBLIC EMPLOYEE PERFORMANCE EVALUATION FOR THE POSITION OF: (Government Code Section 54957 (b)(1))

Details

County Administrative Officer

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Rhonda Sjostrom and Jean Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected

Next Item(s) Sitting as...