(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)
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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 members on any item, that item will be
removed from the Consent Agenda if separate action is required.
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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
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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 the closed session will be made in accordance with Government Code
sections 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 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...
