Meeting
MEMBERS OF THE BOARD

LARRY MICARI
District One

PETE VANDER POEL
District Two

AMY SHUKLIAN – Chair
District Three

EDDIE VALERO – Vice Chair
District Four

DENNIS TOWNSEND
District Five


Board of Supervisors
Agenda Minutes

JASON T. BRITT
County Administrative Officer

JENNIFER M. FLORES
County Counsel

MELINDA BENTON
Chief Clerk

ADMINISTRATION BUILDING
2800 W. Burrel Avenue
Visalia, CA 93291
(559) 636-5000
(559) 733-6898

Members Present: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero, Dennis Townsend
SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS AND THE
TULARE COUNTY IN-HOME SUPPORT SERVICES PUBLIC AUTHORITY


June 29, 2021

9:00 AM Board Convenes

Board of Supervisors Chambers
2800 W. Burrel Avenue
Visalia, CA 93291

 
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 (559) 636-5000 or at [email protected]. Reasonable requests made at least 48 hours in advance of the meeting will 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 when 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:https://tularecounty.ca.gov/board/index.cfm/board-meetings/board-of-supervisors-meetings/ 
 
PLEDGE OF ALLEGIANCE AND
MOMENT OF SILENCE
1.
Board of Supervisors matters.

2.
Tulare County Board of Supervisors Pet of the Week.

Presented “Macaroni” as the Pet of the Week
 
3.
Presentation given by Paul Yoder  with Shaw, Yoder, Antwih, Schmelzer & Lange, regarding an update on the State Budget.

Paul Yoder provided an update on the State Budget.
 
4.
Public Comments.

9:30 A.M. - TIMED ITEMS

 
5.
PUBLIC HEARING: Request from the Resource Management Agency to Certify the Environmental Impact Report, Findings of Fact, and Mitigation Monitoring and Reporting Program as the correct level of environmental review for the Three Rivers Hampton Inn and Suites Proposed Project, located at 40758 Sierra Drive in Three Rivers. Adopt the Environmental Impact Report, Findings of Fact, and Mitigation Monitoring, and Reporting Program prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines per Section 15164(b), for the Three Rivers Hampton Inn and Suites Proposed Project. Approve the Resolution to certify and adopt the Environmental Impact Report, Findings of Fact, and Mitigation Monitoring, and Reporting Program prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines per Section 15164(b), for the Three Rivers Hampton Inn and Suites Proposed Project. 


Resolution No. 2021-0502 and 2021-0503
Moved by Pete Vander Poel, seconded by Eddie Valero to be Approved.
 
AYES: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero, Dennis Townsend
Final Result: 5 – 0 
Opened Public Hearing: 10:32 a.m. – Public Comment – Closed Public Hearing: 11:17 a.m.
Aaron Bock, Assistant  RMA Director of Economic Development & Planning – Presented a PowerPoint presentation
 

 
CONSENT CALENDAR (Numbers 6 through 43)
 
NOTICE TO THE PUBLIC
These items are routine and usually approved by one motion. Before action by the Board, the Chair 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 meeting.
 
Moved by Pete Vander Poel, seconded by Larry Micari to be Approved with the exception of items #29 and #34 which was pulled for separate consideration..
 
AYES: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero, Dennis Townsend
Final Result: 5 – 0 Passed

Agricultural Commissioner/Sealer

6.
Approve an agreement with the California Department of Food and Agriculture for providing State subvention to offset costs of providing Asian Citrus Psyllid Bulk Citrus regulatory activities in an amount of $380,000.29, effective July 1, 2021 through September 30, 2022.


Resolution No. 2021-0504
Agreement No. 30254
7.
Approve an agreement with the California Department of Food and Agriculture for the Certified Farmers Market Inspections, in an amount not to exceed $10,464, effective July 1, 2021 through June 30, 2022.  


Resolution No. 2021-0505
Agreement No. 30255
8.
Approve an agreement with the California Department of Food and Agriculture for the Fuels, Lubricants and Automotive Products Program, in an amount not to exceed $12,075, effective July 1, 2021 through June 30, 2022.  


Resolution No. 2021-0506
Agreement No. 30256
9.
Approve an agreement with the California Department of Food and Agriculture for the Weighmaster Program, in an amount not to exceed $3,600, effective July 1, 2021 through June 30, 2022.  


Resolution No. 2021-0507
Agreement No. 30257
10.
Approve an agreement with the California Department of Food and Agriculture to offset costs of providing Exotic Pest detection trapping services, provide State funding of $572,026, retroactive from July 1, 2020 through June 30, 2022.


Resolution No. 2021-0508
Agreement No. 30258

Auditor-Controller/Treasurer-Tax Collector

11.
Approve the renewal of authority to the Tulare County Treasurer-Tax Collector to invest and reinvest the funds of Tulare County and funds of other depositors in the County Treasury, pursuant to Government Code Section 27000.1. Approve the Treasurer-Tax Collector’s Statement of Investment Policy for Fiscal Year 2021-2022, pursuant to Government Code Section 53646(a)(1).


Resolution No. 2021-0509
12.
Approve an agreement between Greater Kaweah Groundwater Sustainability Agency and the County of Tulare to collect and distribute special assessments on the secured property tax roll.


Resolution No. 2021-0510
Agreement No. 30259

County Administrative Office

13.
Approve a Memorandum of Understanding with the Superior Court of Tulare County for the provision of general services for court facilities, effective July 1, 2021 through June 30, 2022.


Resolution No. 2021-0511
Agreement No. 30260
14.
Approve a Memorandum of Understanding with the Golden State Finance Authority for the development of a Broadband Strategic Plan for the County of Tulare, effective as of the date signed by both parties to remain in effect until preparation of the draft Broadband Strategic Plan for the County is complete.


Resolution No. 2021-0512
Agreement No. 30261

General Services Agency

15.
Approve an amendment to Agreement No. 28213 with Manco Abbott, Inc. to provide commercial property management at the Tulare/Akers Professional Center located at 5300 W. Tulare Avenue, Visalia, for an initial one-year term with service costs in an amount not to exceed the greater of $3,000 per month or 3.5% of the total monthly gross receipts from the premises, effective July 1, 2021 through June 30, 2022.


Resolution No. 2021-0513
Agreement No. 28213-A
16.
Approve an amendment to Agreement No. 23812 with Fairway Properties, LP for the lease of 34,266 sq ft of office space and non-exclusive use of the parking area located at 1845 N. Dinuba Blvd., Visalia for an initial five-year term with monthly lease costs in the amount of $51,399, retroactive from June 26, 2021 through June 25, 2026.


Resolution No. 2021-0514
Agreement No. 23812-B
17.
Approve authority to vote on the Delta Vector Control Assessments. Direct General Services Agency Director, or designee, to mark ballot affirmative on the proposed Assessments. Direct General Services Agency Director, or designee, to submit the ballots by July 21, 2021.


Resolution No. 2021-0515
18.
Approve an amendment to Agreement No. 29350 with MD Graham and Associates, Inc., to provide real estate brokerage services to the County effective July 1, 2021 through June 30, 2022. This amendment includes authority for MD Graham and Associates, Inc. to acquire and be reimbursed for professional services in an amount not to exceed $10,000 with prior written approval from the General Services Agency. 


Resolution No. 2021-0516
Agreement No. 29350-B
19.
Approve an amendment to Agreement No. 23847 with the Judicial Council of California for the Visalia Courthouse located at 221 S. Mooney Blvd., Visalia, CA. Approve an Equity Rights Purchase Agreement with Judicial Council of California for the Tulare-Pixley Courthouse located at 425 E. Kern Ave., Tulare, CA.


Resolution No. 2021-0517
Agreement No. 23847-A and 30262

Health & Human Services Agency

20.
Approve an agreement with Community Service and Employment Training, Inc. for administration of the Housing Support Program in an amount not to exceed $600,000, effective July 1, 2021 through June 30, 2022.


Resolution No. 2021-0518
Agreement No. 30263
21.
Approve a Memorandum of Understanding with Owens Valley Career Development Center to provide CalWORKs services to Tribal members receiving Temporary Aid to Needy Families, effective June 29, 2021 until terminated by either party. There is no cost associated with this Memorandum of Understanding. 


Resolution No. 2021-0519
Agreement No. 30264
22.
Approve an agreement with Workforce Investment Board of Tulare County for the Welfare-to-Work Expanded Subsidized Employment Program and provision of expanded work opportunities to CalWORKs recipients in an amount not to exceed $2,000,000, effective July 1, 2021 through June 30, 2022.


Resolution No. 2021-0520
Agreement No. 30265
23.
Approve a Memorandum of Understanding with the Tulare County Superintendent of Schools for the Intern Education Case Manager Program, effective July 1, 2021 through June 30, 2024. There are no costs associated with this Memorandum of Understanding.


Resolution No. 2021-0521
Agreement No. 30266
24.
Approve an agreement with Curative Medical Associates Inc. for vaccine administration in an amount not to exceed $7,500,000, retroactive from March 15, 2021 and to end upon the termination of both the State Emergency Declaration and the Local Emergency Declaration.


Resolution No. 2021-0522
Agreement No. 30267
25.
Approve an agreement with Omni Family Health for vaccine administration in an amount not to exceed $2,000,000, retroactive from April 15, 2021 and to end upon the termination of both the State Emergency Declaration and the Local Emergency Declaration.


Resolution No. 2021-0523
Agreement No. 30268
26.
Approve an agreement with Courage to Change, a Short-term Residential Treatment Program for the provision of intensive mental health services to Tulare County adolescent males and non-minor dependents who qualify for foster care in an amount not to exceed $700,000, effective July 1, 2021 through June 30, 2022.


Resolution No. 2021-0524
Agreement No. 30269
27.
Reaffirm the proclamation of a Local Emergency due to the Sequoia Complex Fire, Resolution No. 2020-0596. Reaffirm the declaration of a Local Health Emergency due to the Sequoia Complex Fire, Resolution No. 2020-0667.


Resolution No. 2021-0525
28.
Approve an agreement with InTelegy Corporation for the provision of providing a comprehensive Health & Human Services Agency telework strategy in an amount not to exceed $397,500, effective upon Board approval through June 30, 2022.


Resolution No. 2021-0526
Agreement No. 30270
29.
Appoint Allison Shuklian as the Local Enforcement Agency Hearing officer for a term of four years, beginning July 1, 2021, as stipulated by regulation.

Resolution No. 2021-0527
Moved by Dennis Townsend, seconded by Pete Vander Poel to be Approved.
 
AYES: Larry Micari, Pete Vander Poel, Eddie Valero, Dennis Townsend
ABSTAIN: Amy Shuklian
Final Result: 4 – 0 

Human Resources & Development

30.
Approve an agreement with Alliant Employee Benefits for providing insurance consulting services in an amount not to exceed $285,000, effective July 1, 2021, through June 30, 2024.

Resolution No. 2021-0528
Agreement No. 30271
31.
Approve salary increases for Unrepresented Employees in Specified Bargaining Units and other benefits and compensation changes in accordance with the following: For Unrepresented employees in Bargaining Units 10, 11, 19, 20 and 21 a 3% salary increase effective July 4, 2021, and a 1% salary increase effective July 3, 2022. (This does not apply to County Elected Officials and the Board of Supervisors.) For Unrepresented employees in Bargaining Unit 9, a 3% salary increase and a 5% Equity increase effective July 4, 2021, and a 2% salary increase effective July 3, 2022. 

Resolution No. 2021-0529

Probation

32.
Approve an amendment to Agreement No. 29826 with JDT Consultants, Inc. for juvenile therapeutic behavioral services in an amount not to exceed $500,000, and to extend the term through June 30, 2022.


Resolution No. 2021-0530
Agreement No. 29826-A

Public Defender

33.
Approve an amendment to Agreement No. 28748 with Thomson Reuters for the upgraded subscription of West Proflex subscription services, increasing the agreement amount by $23,754 from $147,442 in an amount not to exceed $171,196, effective July 1, 2021 through July 31, 2023.


Resolution No. 2021-0531
Agreement No. 28748-A

Resource Management Agency

34.
Reject all bids received on May 26, 2021, for the Avenue 424 over Traver Canal Bridge Project. Approve the re-advertisement for bids for the Avenue 424 over Traver Canal Bridge Project.


Resolution No. 2021-0532
Moved by Eddie Valero, seconded by Pete Vander Poel to be Approved.
 
AYES: Pete Vander Poel, Amy Shuklian, Eddie Valero
NOES: Larry Micari, Dennis Townsend
Final Result: 3 – 2 
Reed Schenke, RMA Director – Staff Presentation
 
35.
Approve and award the contract to the lowest responsive and responsible bidder, Avison Construction Inc. of Madera, California, for construction of the Avenue 152 Rehabilitation Project in the amount of $1,973,108. Authorize the Chair of the Board of Supervisors to sign the contract after review and approval as to form by County Counsel and upon receipt of certificates of insurance, bonds, and evidence that the contractor possesses a valid State Contractor’s License. Allow funds for contingencies in the amount of $111,155 to cover unexpected construction conditions. Authorize the Resource Management Agency Director, or designee, to approve contract change orders up to the amount of allowed funds for contingencies.


Resolution No. 2021-0533
Agreement No. 30272
36.
Approve an agreement with TJKM, Inc. to provide Professional Engineering Services for the development of Tulare County’s Local Road Safety Plan, in an amount not to exceed $94,010.76, effective June 29, 2021 through December 31, 2022.


Resolution No. 2021-0534
Agreement No. 30273
37.
Approve an agreement with Sequoia Riverlands Trust to perform environmental mitigation services for the M348 South Fork Kaweah River Bridge Revegetation Project at an off-site location near the City of Woodlake in an amount not to exceed $109,243.43, effective June 29, 2021 through June 28, 2029.


Resolution No. 2021-0535
Agreement No. 30274
38.
Approve a Memorandum of Understanding with the City of Lindsay for the implementation of California Department of Housing and Community Development funded programs on behalf of the city. 

Resolution No. 2021-0536
Agreement No. 30275
39.
Approve the designation of a One-Way STOP control at the following intersections: Avenue 324 (A324) at Road 156 (R156), Jasmine Avenue (LA323) at Road 156, Beechwood Avenue (LA324) at Road 156, and Aspen Avenue (LA325A) at Road 156, in the community of Ivanhoe. Authorize the installation of a STOP sign on Avenue 324 at Road 156, Jasmine Avenue at Road 156, Beechwood Avenue at Road 156, and Aspen Avenue at Road 156, in accordance with the provisions of Section 2B.04 of the 2014 California Manual on Uniform Traffic Control Devices (CA MUTCD) and Section 22450(c) of the California Vehicle Code (CVC). Approve a Categorical Exemption consistent with the California Environmental Quality Act (CEQA) Title 14 California Code of Regulations (CCR), Section 15303 New Construction or Conversion of Small Structures. Find there is no substantial evidence that the proposed activity will have a significant effect on the environment and determine the Categorical Exemption is consistent with the CEQA Title 14 CCR, Section 15303 New Construction or Conversion of Small Structures, that was prepared for the project reflects the independent judgment of the County and completed in compliance with the CEQA of 1970.


Resolution No. 2021-0537
40.
Certify the Environmental Impact Report (State Clearinghouse No. 2018121007), Findings of Fact, and Mitigation Monitoring and Reporting Program as the correct level of environmental review for the Woodville Disposal Site Proposed Project, located at 19800 Road 152, Tulare, CA 93274. Adopt the Environmental Impact Report, Findings of Fact, and Mitigation Monitoring, and Reporting Program prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines per Section 15164(b), for the Woodville Disposal Site Proposed Project.


Resolution No. 2021-0538
41.
Approve the Program Supplement Agreement with the California Department of Transportation for the Preliminary Engineering and Right-of-Way phases of the Overhead Flashing Beacons Safety Project (Avenue 240 at Road 140, West of Tulare; and Avenue 256 at Road 164, South of Farmersville), in the amount of $57,728. 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 (c), respectively, for the Overhead Flashing Beacons Safety Project.


Resolution No. 2021-0539
Agreement No. 30276

Sheriff/Coroner

42.
Approve an agreement with the City of Lindsay to provide emergency dispatch services to the City of Lindsay Department of Public Safety in an amount not to exceed $83,312, effective July 1, 2021 through June 30, 2022.

Resolution No. 2021-0540
Agreement No. 30277
43.
Approve an agreement with the City of Exeter to provide emergency dispatch services to the City of Exeter Police Department in an amount not to exceed $105,361, effective July 1, 2021 through June 30, 2022.

Resolution No. 2021-0541
Agreement No. 30278
ITEMS NOT TIMED
Items not specifically timed may be taken in any order

 
44.
Request from the Health and Human Services Agency to approve an amendment to Agreement No. 28726 with California Forensic Medical Group, Inc., to provide comprehensive Health and Mental Health care services for the Tulare County Criminal Justice Facilities in an amount not to exceed $19,738,282, effective July 1, 2021 through June 30, 2022. The purpose of the amendment is to extend the term of the agreement for one year, and to update Exhibit A (Scope of Services), Exhibit A.1 (Staffing), and Exhibit B (Payment of Services).


Resolution No. 2021-0542
Agreement No. 28726-B
Moved by Larry Micari, seconded by Eddie Valero to be Approved.
 
AYES: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero, Dennis Townsend
Final Result: 5 – 0 
Tim Lutz, HHSA Director – Presented a PowerPoint presentation
 
BOARD MATTER REQUESTS
45.
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
 
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 Item pertaining to certification of EIR for Three Rivers Hampton Inn project.


OFF AGENDA
 
ITEM B
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Name of Case:  Center for Biological Diversity et al v. United States Bureau of Reclamation, et al., United States District Court, Eastern District of California; 1:20-CV-00706


Resolution No. 2021-0543
Moved by Pete Vander Poel, seconded by Dennis Townsend to be Approved and directed legal counsel to defend the case.
 
AYES: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero, Dennis Townsend
Final Result: 5 – 0 
ITEM C
PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT CONSIDERATION AND POSSIBLE APPOINTMENT
(Government Code Section 54957)
FOR THE POSITION OF:  BOARD REPRESENTATIVE

The Board may meet in a continuous closed session each business day on this topic beginning immediately upon recess of the open portion of this meeting through July 12, 2021 to deliberate on the possible appointment.


Resolution No. 2021-0544
Moved by Dennis Townsend, seconded by Eddie Valero to be Approved to hire Cameron Pietila to the position of Board Representative, effective July 19, 2021.
 
AYES: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero, Dennis Townsend
Final Result: 5 – 0 
ITEM D
CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Agency Designated Representatives: Jason T. Britt and Shelline K. Bennett
Employee Organizations: All Certified Employee Organizations    
Unrepresented Employees: All Unrepresented Employees.


Sitting As the Tulare County In-Home Support Services Public Authority

ITEM E
CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Agency Designated Representative:  Jason T. Britt and Shelline K. Bennett
Employee Organization:  SEIU, Local 2015


11:37 a.m.       Recessed to Closed Session
12:05 p.m.     Adjourned to July 13, 2021