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

May 09, 2023

5:00 PM 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 7-13, 2023 as National Travel and Tourism week.
Supervisor Vander Poel presented a proclamation. Michael Washam, Associate RMA Director provided a presentation.
 
3.
Present a Proclamation recognizing May 13, 2023 as Letter Carriers’ Stamp Out Hunger Food Drive Day in Tulare County.
Supervisor Shuklian presented a proclamation 
 
4.
Present a Proclamation recognizing Woodville Warriors Alumni for their ongoing involvement in the community of Woodville.
Supervisor Micari presented a proclamation. 
 
5.
Present certificates recognizing Violet Chavarria, Guadalupe Tapia, Julian Tapia, Pedro Tapia, and Mitchel Arrezola for their continued service to the community of Woodville.
Supervisor Micari presented certificates.
 
6.
Public Comments.
Public comments received
 
CONSENT CALENDAR (Numbers 7 through 25)
 
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 Amy Shuklian, seconded by Pete Vander Poel to Approved Consent Calendar (Numbers 7 through 25).
 
AYES: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero
ABSENT: Dennis Townsend
Final Result: 4 – 0 Passed

General Services Agency

7.
Approve an amendment to Agreement No. 28694 with Central Valley Business Forms, Inc. to extend the term, effective July 1, 2023 through June 30, 2026.


Resolution No. 2023-0377
Agreement No. 28694-B
8.
Approve and adopt revisions to the By-laws of the Tulare County Parks Advisory Committee.

Resolution No. 2023-0378
9.
Approve an adjustment to the Print budget for Fiscal Year 2022/23, in the amount of $350,000. Approve the necessary budget adjustment (4/5ths vote required).


Resolution No. 2023-0379
10.
Approve an amendment to Agreement No. 28380 for space located at 8040 W. Doe Ave., Visalia, CA for County’s use as Lessee, with Guillon, Inc. a California Corporation, as Lessor, retroactive to May 1, 2023.  

Resolution No. 2023-0380
Agreement No. 28380-A
11.
Approve June 6, 2023, at 9:00 a.m. as the date and time to receive public comment regarding the Board’s intent to consummate the purchase of real property located at 8040 W. Doe Ave., in the City of Visalia, Assessor’s Parcel No. 077-790-014. Instruct the General Services Agency Director, or designee, to publish and post Exhibit 1 Notice of Intent pursuant to Government Codes § 25350 and § 6063. Authorize the General Services Agency Director, or designee, to send Exhibit 2 “General Plan Referral Letter” to the City of Visalia pursuant to Government Code § 65402 regarding the proposed purchase of the subject property. Approve and authorize the Chair to sign a Purchase and Sale Agreement with Guillon, Inc., for the County’s purchase of the subject property, with completion of the purchase subject to completion of the actions requested above. Approve the necessary budget adjustment (4/5ths vote required).


Resolution No. 2023-0381
Agreement No. 31184

Health & Human Services Agency

12.
Reaffirm the Local Emergency due to Winter Storms and Flooding, Resolution No. 2023-0206. Reaffirm the Local Health Emergency due to Floodwaters Contamination, Resolution No. 2023-0191. Reaffirm the Local Health Emergency due to Flood Debris, Resolution No. 2023-0285.


Resolution No. 2023-0382
13.
Approve a Participation Agreement with the California Department of Health Care Services to invoice for Federal Financial Participation (FFP) for the County-Based Medi-Cal Administrative Activities program retroactive from July 1, 2020, and effective until either party terminates the agreement.

Resolution No. 2023-0383
Agreement No. 31185
14.
Approve an agreement with Community Services and Employment Training, Inc. to provide services for the Workforce Education and Training Supported Employment and Volunteer Program, in an amount not to exceed $755,527, effective from July 1, 2023 through June 30, 2024.

Resolution No. 2023-0384
Agreement No. 31186
15.
Approve an agreement with First 5 Tulare County for administration of the Home Visiting “Parents-as-Teachers” Program, in an amount not to exceed $1,200,000, effective July 1, 2023 through June 30, 2024.


Resolution No. 2023-0385
Agreement No. 31187
16.
Ratify and approve an agreement with California Mental Health Services Authority for Prevention and Early Intervention Mini Grants, in an amount not to exceed $200,000, retroactive from May 1, 2023 through June 30, 2023.


Resolution No. 2023-0386
Agreement No. 31188
17.
Approve implementation of the Early Access and Stabilization Services program based on a Letter of Intent from the Department of State Hospitals for an allocation to cover program costs. Approve an agreement with the Department of State Hospitals for Early Access and Stabilization Services for substantive treatment services for felony incompetent to stand trial inmates, in an amount not to exceed $9,271,470, retroactive from April 17, 2023 through June 30, 2025. Approve the necessary budget adjustments (4/5th vote required). Authorize the Chair of the Board to sign the agreement after review and approval as to form by County Counsel. 


Resolution No. 2023-0387
Agreement No. 31189
18.
Authorize the electronic submission of a Request for Public Assistance by the Emergency Services Director, or designee, for Major Disaster Declaration DR-4699-CA (March 2023 storms and flooding). Approve the Designation of Applicant’s Agent Resolution to appoint authorized agents to act on behalf of the County in securing and administering grant funds.


Resolution No. 2023-0388
19.
Ratify and approve an agreement with Witt O’Brien’s, LLC, for Post-Disaster Management Services, in an amount not to exceed $500,000 per fiscal year, retroactive from April 21, 2023 through June 30, 2026. Ratify the Chair’s signature on the agreement.


Resolution No. 2023-0389
Agreement No. 31190
20.
Approve an amendment to Agreement No. 30702 with Precision Psychiatric Services, Inc., to provide Early Access and Stabilization Services for individuals charged with felony offenses and found by the courts to be incompetent to stand trial, an increase of no more than $294,314, for a new total contract amount of $10,888,260, retroactive from April 17, 2023 through June 30, 2023.
 


Resolution No. 2023-0390
Agreement No. 30702-A

Resource Management Agency

21.
Approve the amendment to Agreement No. 28406 with NCM Engineering Corporation to complete additional engineering services for the Avenue 174 over Friant-Kern Canal Bridge Project, increasing the original contract amount by $232,482, and extending the term to December 31, 2027.


Resolution No. 2023-0391
Agreement No. 28406-A
22.
Find that the M46 West Oakwood Drive over Capinero Creek Bridge Project is exempt from review under the California Environmental Quality Act (CEQA) and the State CEQA Guidelines as replacement or reconstruction of existing structures and facilities pursuant to Class 2, 14  CCR § 15302(c),  and as a declared emergency pursuant to Section 21080(b)(3) and 14 CCR § 15269(a) and (c), and is included in the County’s list of activities specifically exempted from CEQA review pursuant to 14 CCR 15300.4. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the Clerk-Recorder.


Resolution No. 2023-0392

Solid Waste

23.
Reaffirm the existence of an emergency due to the impending failure of the Cotton Gin Water Well at the Visalia Landfill, Resolution No. 2022-0625.

Resolution No. 2023-0393

Sheriff/Coroner

24.
Approve a sublicense agreement with the Tulare County Office of Education and Traver Joint School District for the School Safety Software Program, retroactive from July 1, 2022 and continuing until termination by any party. Authorize the Sheriff, or designee, to sign the sublicense agreement with the Tulare County Office of Education and Traver Joint School District.

Resolution No. 2023-0394
Agreement No. 31191

Workforce Investment Board

25.
Approve the Workforce Investment Board (WIB) of Tulare County Local Area Subsequent Designation and Local Board Recertification Application for Program Year 2023-2025.


Resolution No. 2023-0395
ITEMS NOT TIMED
Items not specifically timed may be taken in any order

 
26.
Request from the General Services Agency to approve June 6, 2023, at 9:00 a.m. as the date and time to receive public comment regarding the Board’s intent to consummate the purchase of real property located at 347 E. Walnut Ave. in the City of Visalia, Assessor’s Parcel No. 123-063-034. Instruct the General Services Agency Director, or designee, to publish and post Exhibit 1 Notice of Intent pursuant to Government Codes § 25350 and § 6063. Authorize the General Services Agency Director, or designee, to send Exhibit 2 “General Plan Referral Letter” to the City of Visalia pursuant to Government Code § 65402 regarding the proposed purchase of the subject property.


Resolution No. 2023-0396
Moved by Amy Shuklian, seconded by Eddie Valero to Approved.
 
AYES: Larry Micari, Amy Shuklian, Eddie Valero
ABSENT: Pete Vander Poel, Dennis Townsend
Final Result: 3 – 0 
Brooke Sisk, General Services Agency Director – staff presentation
 
Supervisor Vander Poel recusal due to conflict of interest
 
BOARD MATTER REQUESTS
27.
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 – EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Name of Case: Guillon, Inc. vs. County of Tulare et al.,
Tulare County Superior Court Case VCU290846


ITEM B
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Name of Case: Leticia Morin v. County of Tulare
Workers’ Compensation Appeals Board Nos.: ADJ16678691, ADJ16681777


Resolution No. 2023-0397
ITEM C
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation (Government Code Section 54956.9(d)(2))
Number of Potential Cases: 1


ITEM D
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Name of Case: SEIU Local 521 v. County of Tulare 
Public Employment Relations Board UPC No.: SA-CE-1235-M (PERB 11)


Resolution No. 2023-0398
Moved by Amy Shuklian, seconded by Pete Vander Poel to Approved – Directed Legal Counsel to defend.
 
AYES: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero
ABSENT: Dennis Townsend
Final Result: 4 – 0 
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.


2:00 p.m.       Convened to Closed Session
5:00 p.m.       Reconvened to Open Session
6:07 p.m.       Adjourned to May 16, 2023