Meeting

MEMBERS OF THE BOARD

LARRY MICARI – Vice Chair
District One

PETE VANDER POEL
District Two

AMY SHUKLIAN
District Three

EDDIE VALERO
District Four

DENNIS TOWNSEND – Chair
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) 615-3009

Members Present: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero, Dennis Townsend

March 07, 2023

9:00 AM Board Convenes

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

PLEDGE OF ALLEGIANCE AND
MOMENT OF SILENCE

1.	Board of Supervisors matters.

2.	Public Comments. Public Comments made by Euler Torres, Maria Ruedt and Chad Tafti

9:30 A.M. - TIMED ITEMS

PUBLIC HEARING: Request from the Resource Management Agency to adopt an ordinance amending Paragraph B of Section 3 of Ordinance No. 352, the Tulare County Zoning Ordinance, for Change of Zone No. PZC 22-006 to change the zone district from the R-1 (Single-Family Residential) Zone to the R-2-MU (Two-Family Residential with a Mixed-Use Overlay Combining) Zone for Assessor’s Parcel Numbers (“APNs”): 075-120-047, -048, -049, -051, -052, -053, -055, -056, -057, -058, and -059 to facilitate the construction of eleven (11) two-story duplexes, with one duplex on each of the eleven (11) existing parcels, on property located on the east and west side of Robinson Road, approximately 150 feet north of Avenue 308, in the unincorporated Tulare County community of Goshen. Adopt the findings of approval, as set forth in Planning Commission Resolution No. 10038, and approve Zone Change No. PZC 22-006. Find that the ordinance was introduced at the Planning Commission Meeting on January 11, 2023, and was set for adoption at today’s meeting. Find that the title of the ordinance was included on the published agenda, and that a copy of the full ordinance was made available to the public online and in print at the meeting before the ordinance was introduced.

Resolution No. 2023-0166
Ordinance No. 3622

Moved by Eddie Valero, seconded by Amy Shuklian to Approved.

AYES: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero, Dennis Townsend

Final Result: 5 – 0 Passed

Opened Public Hearing: 9:42 a.m. – Public Comment by Nick Bartsch, Director of Public Works, City of Visalia – Closed Public Hearing: 9:58 a.m.

Aaron Bock, Assistant Director of Economic Development & Planning – Presented a PowerPoint presentation

CONSENT CALENDAR (Numbers 4 through 20)

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 Larry Micari, seconded by Eddie Valero to Approved.

AYES: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero, Dennis Townsend

Final Result: 5 – 0 Passed

Board of Supervisors

Appoint Marlon Daly to the Director 2 Seat, and John Arthur Gailey III to the Director 4 Seat, on the Tulare County Resource Conservation District for terms ending November 30, 2026.

Resolution No. 2023-0167

Reappoint Warren Hutchings to the Director 1 Seat on the Tulare County Resource Conservation District for a term ending November 30, 2026.

Resolution No. 2023-0168

Appoint Jose Antonio Iniguez to the At – Large Member Seat on the Tulare County Council on Child & Youth Development for a term ending June 30, 2024.

Resolution No. 2023-0169

Appoint Irma Rangel to the Community Member Seat, on the First 5 Tulare County for a term ending at the Pleasure of the Board.

Resolution No. 2023-0170

Reappoint Angelina DeRossett to the Transit Authority Rep Seat, and Cynthia Lopez to the Housing Authority Rep Seat on the Tulare County Task Force on Homelessness for terms ending January 1, 2026.

Resolution No. 2023-0171

Reappoint Jennifer Newell to the At-Large Seat No. 9 on the Tulare County Mental Health Board for a term ending December 31, 2025.

Resolution No. 2023-0172

Fire Department

10.

Approve the capital asset purchase of two (2) radio repeaters to support the day-to-day operations of the Fire Department, in an amount not to exceed $41,000, in Fiscal Year 2022/23. Authorize the necessary budget adjustments (4/5ths vote required).

Resolution No. 2023-0173

General Services Agency

11.

Approve a Lease Agreement for space located at 346 N. Porter Road, Porterville, for the County’s use as Lessee with Robert A. Ruffa and Carolyn L. Ruffa as Lessor for a term of three years effective upon Board approval. Approve the temporary closure of the Agricultural Commissioner’s Porterville District Office located at 75 W. Olive from March 7, 2023, through March 17, 2023, for the transition to the new office space located at 346 N. Porter Road, Porterville. Approve the temporary closure of the Resource Management Agency building inspectors Porterville Office located at 75 W. Olive from March 7, 2023, through March 17, 2023, for the transition to the new office space located at 346 N. Porter Road, Porterville.

Resolution No. 2023-0174
Agreement No. 31096

Health & Human Services Agency

12.

Approve an agreement with the California Mental Health Services Authority to continue participating in the Medi-Cal Peer Support Specialist Program, in an amount not to exceed $50,000, retroactive from January 1, 2023 through December 31, 2024.

Resolution No. 2023-0175
Agreement No. 31097

13.

Reaffirm the proclamation of a Local Emergency due to the Sequoia Complex Fire, Resolution No. 2020-0569. Reaffirm the declaration of a Local Health Emergency due to the Sequoia Complex Fire, Resolution No. 2020-0667. Reaffirm the proclamation of a Local Emergency due to the September Lightning Fires, Resolution No. 2021-0726. Reaffirm the declaration of a Local Health Emergency due to the September Lightning Fires, Resolution No. 2021-0861.

Resolution No. 2023-0176

14.

Approve a Memorandum of Understanding with University of Massachusetts Global for the Behavioral Health Workforce Development Mentored Internship Program, in an amount not to exceed $20,000, retroactive from April 1, 2022 through September 29, 2023.

Resolution No. 2023-0177
Agreement No. 31098

15.

Approve a Memorandum of Understanding with Campbellsville University for the Behavioral Health Workforce Development Mentored Internship Program, in an amount not to exceed $20,000, retroactive from April 1, 2022 through September 29, 2023.

Resolution No. 2023-0178
Agreement No. 31099

16.

Approve a Memorandum of Understanding with Fresno Pacific University for the Behavioral Health Workforce Development Mentored Internship Program, in an amount not to exceed $20,000, retroactive from April 1, 2022 through September 29, 2023.

Resolution No. 2023-0179
Agreement No. 31100

17.

Approve the revised by-laws of the Tulare County Mental Health Board.

Resolution No. 2023-0180

18.

Ratify a Proclamation of Local Emergency due to Winter Storms and Flooding proclaimed by the Emergency Services Director on March 1, 2023.

Resolution No. 2023-0181

Probation

19.

Approve a Memorandum of Understanding with Family Services of Tulare County, to provide Services at the Probation Connections Center, retroactive from July 1, 2022 through June 30, 2023, at no cost to the County.

Resolution No. 2023-0182
Agreement No. 31101

Public Defender

20.

Authorize the Chair of the Board to sign the Governing Board Resolution. Approve a personnel resolution to amend the Fiscal Year 2022/23 position allocation for the Public Defender’s Office as follows: Delete one (1) Social Worker – Public Defender, Position No. 10847, effective March 12, 2023. Authorize the necessary budget adjustments (4/5ths vote required).

Resolution No. 2023-0183, 2023-0184, 2023-0185

ITEMS NOT TIMED
Items not specifically timed may be taken in any order

21.

Request from the Human Resources and Development Department to approve the annual salary for the position of Chief Probation Officer, Bargaining Unit 10, in the amount of $175,000, with the same standard benefits provided to Bargaining Unit 10 employees, and an additional benefit of Auto Allowance at $504 monthly, subject to annual modifications consistent with Administrative Regulation 1(D)(6), effective March 12, 2023.

Resolution No. 2023-0186

Moved by Larry Micari, seconded by Amy Shuklian to Approved.

AYES: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero, Dennis Townsend

Final Result: 5 – 0 Passed

Lupe Garza, Human Resources Director – Presented a staff presentation

22.

Request from the Sheriff’s Office to approve a 5%, salary increase for the Undersheriff, Position No. 06925, and for one (1) Assistant Sheriff, Position No. 10030, effective March 12, 2023, in order to address salary compaction between executive management positions.

Resolution No. 2023-0187, 2023-0188

Moved by Amy Shuklian, seconded by Pete Vander Poel to Approved.

AYES: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero, Dennis Townsend

Final Result: 5 – 0 Passed

Jason T. Britt, County Administrative Officer – Presented a staff presentation

BOARD MATTER 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

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 its attorneys, county staff, and consultants. 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 a public hearing pertaining to proposed amendment PZC 22-006 (Thandi/Goshen) to the Tulare County Zoning Ordinance No. 352.

ITEM B

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Name of Case: Rodger Keller et al. v. County of Tulare
Tulare County Superior Court Case No. VCU296056

ITEM C

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION
(Government Code Section 54956.9(d)(4))
Number of Potential Cases: 1

ITEM D

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Name of Case: Mara Iftimie v. County of Tulare
Workers Compensation Appeals Board Nos.: ADJ10969881, ADJ12095258

Resolution No. 2023-0189

ITEM E

CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Agency Designated Representatives: Lupe Garza and Shelline K. Bennett
Employee Organizations: All Certified Employee Organizations
Unrepresented Employees: All Unrepresented Employees.

ITEM F

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 March 13, 2023, to deliberate on the possible appointment.

ITEM G

CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957)
RE: CHIEF PROBATION OFFICER SALARY AND BENEFITS
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 March 13, 2023 to deliberate on the possible appointment.
Agency Designated Representative: Jason T. Britt, Lupe Garza
Unrepresented Employee: Bargaining Unit 19 – Board Representative

OFF AGENDA

**NO ANNOUNCEMENTS FROM CLOSED SESSION**
10:02 a.m. Recessed to Closed Session
2:02 p.m. Adjourned to March 14, 2023

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