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

May 02, 2023

9:00 AM Board Convenes

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


 
INVOCATION AND
PLEDGE OF ALLEGIANCE
1.
Board of Supervisors matters.
2.
Present a Proclamation recognizing May 2023 as Mental Health Matters Month in Tulare County.
Chair Townsend presented a Proclamation recognizing Mental Health Matters Month in Tulare County
 
3.
Receive an update from Fire Chief Norman on the status and response efforts regarding the March 2023 flood.
Fire Chief Norman provided an update on the status of the March 2023 flood. 
Mary Bradfield from Small Business Administrations provided information on disaster assistance availability.
Anita Oritz provided an update.

 
4.
Public Comments.
Public Comments received – including emailed public comments 
 
9:30 A.M. - TIMED ITEMS

 
5.
PUBLIC HEARING: Request from the Resource Management Agency to adopt the Initial Study/Mitigated Negative Declaration for General Plan Amendment No. GPA 22-003, Zone Change No. PZC 22-010, & Tentative Parcel Map No. PPM 23-007 consistent with the California Environmental Quality Act (CEQA) and the CEQA Guidelines pursuant to § 21082.1 of CEQA and §15070 to § 15075 of the CEQA Guidelines, as set forth in Planning Commission Resolution No. 10068. Approve General Plan Amendment No. GPA 22-003, Akers Business Park, to change the County’s land use designation within the Urban Area Boundary (UAB) of Tulare, on approximately 65.45-acres, from “Valley Agriculture” to “Mixed Use,” located at the southwest corner of Road 100 (Oaks Street) and Oakdale Avenue, east of State Route (SR) 99, APN 149-090-006,directly north of Tulare city limits as set forth in Planning Commission Resolution No. 10069. Adopt the findings of approval, as set forth in Planning Commission Resolution No. 10070, pertaining to Zone Change No. PZC 22-010. Adopt an ordinance amending Paragraph B of Section 3 of Ordinance No. 352, the Tulare County Zoning Ordinance for Change of Zone No. PZC 22-010 on approximately 65.45-acres from AE-20 (Exclusive Agricultural – 20 Acre Minimum) to C-3-MU (Service Commercial with a Mixed-Use Overlay Zone), on Assessor’s Parcel Number APN 149-090-006. Find that this ordinance by statute can only be passed after notice and a public hearing, so it is exempt from the usual requirements that an ordinance be read in full and adopted over two regular meetings. Adopt the findings of approval, as set forth in Planning Commission Resolution No. 10071, and approve Tentative Parcel Map No. PPM 23-007.


Resolution No. 2023-0343
Ordinance No. 3624
Opened Public Hearing: 9:49 a.m. – Public Comments were received in person and via email – Closed Public Hearing: 10:00 a.m.
Aaron Bock, Asst. RMA Director of Planning  – Presented a PowerPoint presentation

 
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 
CONSENT CALENDAR (Numbers 6 through 33)
 
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 Amy Shuklian to Approved Consent Calendar (Numbers 6 through 33) with the exception of item #15 which was pulled for separate consideration.
 
AYES: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero, Dennis Townsend
Final Result: 5 – 0 Passed

Board of Supervisors

6.
Reappoint Michael Washam to the District 3 Seat, Domenic S. Fino to the District 4 Seat and Jessi Snyder to the At – Large Member Seat on the Tulare County Water Commission for terms ending April 30, 2025.

Resolution No. 2023-0344
7.
Appoint Charles R. Hulsey to the Trustee Seat on the Alta Cemetery District for a term ending January 5, 2026.

Resolution No. 2023-0345
8.
Amend Resolution No. 2023-0126 to Adopt the Order of Adjournment of the Board of Supervisors meetings to specified times and locations as follows:
 
May 9, 2023
The Regular Meeting will convene for purposes of Closed Session at 2:00 p.m. at 2800 W. Burrel Ave., Visalia, and then reconvene for purposes of Open Session at 5:00 p.m. in the Woodville Union School Cafeteria, located at 16541 Road 168, Porterville.

July 18, 2023
The Regular Meeting will convene for purposes of Closed Session at 3:00 p.m. at 2800 W. Burrel Ave., Visalia, and then reconvene for purposes of Open Session at 6:00 p.m. in the Board Chambers, located at 2800 W. Burrel Ave., Visalia.

October 17, 2023
The Regular Meeting will convene for purposes of Closed Session at 3:00 p.m. at 2800 W. Burrel Ave., Visalia, and then reconvene for purposes of Open Session at 6:00 p.m. in the City of Dinuba Council Chambers, located at 405 E. El Monte Way, Dinuba.


Resolution No. 2023-0346

County Administrative Office

9.
Ratify Actions by the County Administrative Officer for the months of: December 2021, May 2022, June 2022, August 2022, October 2022, November 2022, and December 2022. Find that the activities funded pursuant to the Good Works Funding Agreements are necessary to meet the social needs of the residents of Tulare County.

Resolution No. 2023-0347
Agreement No. 30465, 30466, 30621, 30634, 30658, 30748, 30750, 30791, 30891, 30893, 30934, 30935, 30936, 30937, 30976, 30979, 30980, 31000, 31001, 31014, 31015, 31016
10.
Approve the Funding Agreement with Community Services Employment Training, Inc. for the construction of the Tulare County Hope Navigation Center, in an amount not to exceed $1,500,000, effective May 2, 2023. Approve the necessary budget adjustments (4/5ths vote required).


Resolution No. 2023-0348
Agreement No. 31171

Fire Department

11.
Approve the capital asset purchase of four (4) thermal drones with necessary accessories to support the day-to-day operations of the Fire Department, in an amount not to exceed $30,500, in Fiscal Year 2022/23. Approve the necessary budget adjustments (4/5ths vote required).

Resolution No. 2023-0349

General Services Agency

12.
Approve and adopt revisions to the County Public Art Policy regarding the County’s substantive and procedural requirements for the acceptance of art into the County Art Collection, to be effective upon Board approval. Approve and adopt revisions to Administrative Regulation No. 37 (AR 37), delegating authority to accept “Gifts and Donations” of art to the Public Art Selection Committee, subject to conditions defined therein, to be effective upon Board approval.


Resolution No. 2023-0350
13.
Approve a capital asset purchase of a John Deere Gator utility vehicle, in an amount not to exceed $24,157.89. Approve the necessary budget adjustment (4/5ths vote required).


Resolution No. 2023-0351
14.
Approve a Communications Site Lease Agreement with Rocky Hill Cove, LP, a California limited partnership, as Lessor, for 1.14-acre portion of Assessor’s Parcel No. 255-140-007, commonly known as Rocky Hill, Porterville, for a term of twenty (20) years with two (2), ten (10) year options to renew.


Resolution No. 2023-0352
Agreement No. 31172
15.
Authorize the submission of a grant application for funding from the California Department of Parks and Recreation (DPR) for up to 50% reimbursement of the Mooney Grove Dog Park project which is projected to be $200,000. Delegate authority to the General Services Agency Director, or designee, to represent the County on all matters regarding the application and project. Find that the project described above is exempt from review under the California Environmental Quality Act (CEQA) and the State CEQA Guidelines as modification of existing facilities pursuant to Class 1, 14 CCR § 15101 and/or new construction or conversion of small structures pursuant to Class 3, 14 CCR § 15303.


Resolution No. 2023-0353
Moved by Amy Shuklian, seconded by Eddie Valero to Approved.
 
AYES: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero, Dennis Townsend
Final Result: 5 – 0 
Brooke Sisk, General Services Agency Director – staff presentation

Public comments were received in person and via email. 

 

Health & Human Services Agency

16.
Approve a one-year extension for grant funds to May 31, 2024, with the California Department of Public Health for the California Equitable Recovery Initiative, in an amount not to exceed $707,171.


Resolution No. 2023-0354
17.
Approve an agreement with Quality Group Homes, Inc.to provide services on behalf of Tulare County Child Welfare Service’s foster children to include the care and placement of foster children, in the amount of zero dollars, effective May 2, 2023 through June 30, 2025.


Resolution No. 2023-0355
Agreement No. 31173
18.
Approve the acceptance of grant funds from the Centers for Disease Control and Prevention for the Community Health Workers for Public Health Response and Resilient Communities Program, in an amount not to exceed $600,000, retroactive from August 31, 2021 through August 30, 2024. 


Resolution No. 2023-0356
19.
Approve an agreement with Pacific Clinics for the provision of the Crossroads Transitional-Age Youth Housing Program, in an amount not to exceed $646,242, effective July 1, 2023 through June 30, 2024.


Resolution No. 2023-0357
Agreement No. 31174
20.
Approve an amendment to Agreement No. 30941 with Bakersfield Behavioral Healthcare Hospital, LLC for the provision of short-term, inpatient psychiatric services and to modify compensation exhibit B to reflect an increase to the agreement, to increase the maximum amount of the agreement from $600,000 to $800,000, effective upon Board signature through June 30, 2024.


Resolution No. 2023-0358
Agreement No. 30941-A
21.
Ratify and approve an agreement with the California Health & Human Services Agency to allow the Tulare County Health and Human Services Agency to exchange Protected Health Information for certain Medi-Cal beneficiaries as required by state law, retroactive from January 31, 2023. Ratify the Tulare County Health and Human Services Agency Director’s electronic signature submitted through the California Health & Human Services Agency Data Sharing Agreement signing portal. Authorize the Tulare County Health and Human Services Agency Director, or designee, to electronically sign ongoing Data Exchange Framework agreements for other Agency facilities or subordinate entities within the Agency through the California Health & Human Services Agency Data Sharing Agreement signing portal. 


Resolution No. 2023-0359
Agreement No. 31175
22.
Ratify all Orders issued by the Emergency Services Director, or successor, between April 11, 2023 and May 1, 2023, pursuant to the Local Emergency proclaimed on March 9, 2023.


Resolution No. 2023-0360
23.
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. 2023-0361

Probation

24.
Approve an amendment to Agreement No. 30192 with the County of Inyo to provide facilities and services for the detention and/or commitment of juvenile offenders at a rate of $135 per bed per day and to extend the term effective July 1, 2023 through June 30, 2024.

Resolution No. 2023-0362
Agreement No. 30192-B
25.
Approve an amendment to Agreement No. 29228 with the City of Visalia for the Non-custody Intake Program, in an amount not to exceed $50,875 and to extend the term of the agreement effective July 1, 2023 through June 30, 2024.


Resolution No. 2023-0363
Agreement No. 29228-D

Registrar of Voters

26.
Adopt a Resolution authorizing the Registrar of Voters to not list proponents and opponents of local measures on County ballots for all future elections.

Resolution No. 2023-0364, 2023-0365
27.
Find that the East Orosi Community Services District submitted a resolution requesting to switch its elections from odd-numbered years to even-numbered years. Direct the Registrar of Voters to switch the elections for the district from November of odd-numbered years to November of even-numbered years, effective immediately. Direct that the terms of the current board members be extended by one year. Direct the Registrar of Voters to provide mailed notice to all registered voters in the district that the switch has been made.


Resolution No. 2023-0366

Resource Management Agency

28.
Approve the designation of a "No Parking" restriction and a "Passenger Loading Only" zone on Church Road (R136) south of Washington Avenue (A52) in the community of Earlimart. Authorize the installation of "No Parking" signs and establish a "No Parking" zone in Earlimart, by painting red approximately 20 feet of curb on the east side of Church Road, south of Washington Avenue and across from Clay Avenue (D134A). Authorize the installation of "Passenger Loading Only" signs and establish a "Passenger Loading Only" zone, by painting white approximately 40 feet of curb southward from the "No Parking" zone and red curb requested above. Find that the zone designations and installations described above are exempt from review under the California Environmental Quality Act (CEQA) and the State CEQA Guidelines as new construction or conversion of small structures pursuant to Class 3, 14 CCR § 15303.


Resolution No. 2023-0367
29.
Approve a budget adjustment for the California Department of Water Resources, Small Community Drought Program Grant West Goshen Project, in the amount of $3,451,740 (4/5ths vote required). Approve the California Environmental Quality Act Notice of Exemption. Authorize the Environmental Assessment Officer, or designee, to Sign and File the Notice of Exemption with the Clerk-Recorder.


Resolution No. 2023-0368
30.
Approve the American Rescue Plan Act subrecipient agreement with the Strathmore Public Utility District for the Water Storage Tank Roof Replacement Project, in the amount of $223,944, effective May 2, 2023 through December 31, 2024. Approve the necessary budget adjustments (4/5ths vote required).


Resolution No. 2023-0369
Agreement No. 31176
31.
Approve a budget adjustment for the California Department of Water Resources, Small Community Drought Program Grant for the Harrison Road/Avenue 266 Project, in the amount of $536,567 (4/5ths vote required). Approve the California Environmental Quality Act Notice of Exemption. Authorize the Environmental Assessment Officer, or designee, to Sign and File the Notice of Exemption with the Clerk-Recorder.


Resolution No. 2023-0370

Sheriff/Coroner

32.
Approve an amendment to Agreement No. 16942 with the United States Department of Justice, Marshals Service, retroactive from February 1, 2022. 

Resolution No. 2023-0371
Agreement No. 16942-A
33.
Approve an agreement for financial aid from the California State Parks Division of Boating and Waterways for Fiscal Year 2023/24, in an amount not to exceed $256,932, effective July 1, 2023 through June 30, 2024.  Authorize the Auditor/Controller to certify the amount of prior year vessel taxes received by the County. Authorize the Sheriff, or their designee, to sign the California State Parks Division of Boating and Waterways Financial Aid Program reimbursement claims.

Resolution No. 2023-0372
Agreement No. 31177
ITEMS NOT TIMED
Items not specifically timed may be taken in any order

 
34.
Request from the Resource Management Agency to consider the 2022 Annual Report of Total Greenhouse Gas Emissions from Dairies and Feedlots for 2021 (“2022 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.


Resolution No. 2023-0373
Moved by Pete Vander Poel, seconded by Larry Micari to Approved.
 
AYES: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero, Dennis Townsend
Final Result: 5 – 0 
Michael Washam, Associate RMA Director – Presented a PowerPoint presentation.

Public comments received. 

 
35.
Request from the Human Resources and Development Department to approve an agreement with Mythics Inc. to provide Human Capital Management software and licensing on behalf of Oracle, in an amount not to exceed $3,171,815, effective May 2, 2023 through May 2, 2028. Approve the agreement with Graviton Consulting Services to provide Oracle software implementation services and support, in an amount not to exceed $1,438,820, effective May 2, 2023 through December 31, 2024.


Resolution No. 2023-0374
Agreement No. 31178, 31179
Moved by Eddie Valero, seconded by Larry Micari to Approved.
 
AYES: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero, Dennis Townsend
Final Result: 5 – 0 
Lupe Garza, HR Director, Joe Halford, IT Director, Cass Cook, Auditor – Presented a PowerPoint presentation. 
 
36.
Receive a presentation from the Health and Human Services Agency on the efforts addressing homelessness, including updates on the Task Force on Homeless, the Homeless Multidisciplinary Team, and related funding.


Noah Whitaker, Homeless Initiative Coordinator – Presented a PowerPoint presentation.

NO ACTION TAKEN

 
BOARD MATTER REQUESTS
37.
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 for a public hearing regarding proposed amendment PZC 22-010 to the Tulare County Zoning Ordinance No. 352, general plan amendment No. GPA 22-003 and tentative parcel map No. PPM 23-007 (Akers Business Park/NFDI, LLC)


OFF AGENDA
 
ITEM B
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Name of Case: Tori Phipps-Vermillion v. County of Tulare
Workers’ Compensation Appeals Board No.: ADJ10892355


Resolution No. 2023-0375
ITEM C
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation (Government Code Section 54956.9(d)(2))
Number of Potential Cases: 1
Workers’ Compensation Claim No.: CT-20-010475, Francis Bret Garcia


Resolution No. 2023-0376
ITEM D
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Property Description: 347 E Walnut Ave, Visalia, CA 93277, Casa Grande Care and Living Facility 
Agency Negotiators: Brooke Sisk and Matt Graham  
Negotiating Party or Parties: Joe Nunes Silveira and Maria Fatima Silveira, Trustees of the 2003 Joe Nunes Silveira and Maria Fatima Silveira Revocable Trust  
Under Negotiation: Price and Terms of Payment


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
THREAT TO PUBLIC SERVICES OR FACILITIES: 
(Government Code Section 54957)
Consultation with: TCSO, Lt. Buddy Hirayama, and Bobby Hernandez, Risk Analyst - Safety


**NO ANNOUNCEMENTS FROM CLOSED SESSION**
10:57 a.m.       Recessed to Closed Session
2:15 p.m.         Adjourned to May 9, 2023