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

October 24, 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.
Public Comments.
9:30 A.M. - TIMED ITEMS

 
3.
PUBLIC HEARING: Request from the Resource Management Agency to adopt a Mitigated Negative Declaration pertaining to Zone Change No. PZC 22-012 & Tentative Subdivision Map No. TSM 22-002 consistent with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, specifically PRC § 21082.1 and 14 CCR §§ 15070 to 15075, as set forth in Planning Commission Resolution No. 10124. Adopt the findings of approval, as set forth in Planning Commission Resolution No. 10125, and approve Zone Change No. PZC 22-012. Adopt the findings of approval, as set forth in Planning Commission Resolution No. 10126, and approve Tentative Subdivision Map No. TSM 22-002. Adopt an ordinance amending Paragraph B of Section 3 of Ordinance No. 352, the Tulare County Zoning Ordinance, for Change of Zone No. PZC 22-012 to change the zone district from the AE-20 (Exclusive Agriculture – 20 Acre Minimum) and R-A-100 (Rural Residential 100,000 Square Foot Minimum) to R-A-43 (Rural Residential – 43,000 Square Foot Minimum) for Assessor’s Parcel Numbers (“APNs”): 079-071-014, 079-072-005, and 079-073-001 on property located on the west side of Road 132, north of St Johns River, Visalia, CA. 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. Direct the Clerk of the Board to publish the full text of the adopted Ordinance and Amended Zoning Map for PZC 22-012, as required by law.


Resolution No. 2023-0977
Ordinance No. 3632
Moved by Amy Shuklian, seconded by Larry Micari to Approved.
 
AYES: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero, Dennis Townsend
Final Result: 5 – 0 Passed
Opened Public Hearing: 12:00 p.m. – No Public Comment – Closed Public Hearing: 12:07 p.m.
Aaron Bock, Asst. RMA Director of Planning – Presented a PowerPoint presentation 

 
10:00 A.M. - PUBLIC FORUM

 
4
PUBLIC FORUM:  Conduct a public forum in accordance with Government Code Section 7283.1 (d). Receive a report from the County Administrative Officer regarding the Tulare County Sheriff’s Office interaction and communication with the United States Immigration and Customs Enforcement in 2022. Receive public comment.
CONSENT CALENDAR (Numbers 5 through 19)
 
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 Approved Consent Calendar (Numbers 5 through 19).
 
AYES: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero, Dennis Townsend
Final Result: 5 – 0 Passed

Board of Supervisors

5.
Cancel the following meetings for the Board of Supervisors during 2024: 
 
January 2 January 16 February 13 February 20
April 16 May 28 June 18 July 2
August 6 September 3 October 15 November 12
November 19 November 26 December 24 December 31


Resolution No. 2023-0978

General Services Agency

6.
Waive the minor bid irregularity of S & W Construction for not submitting the bid to the Clerk of the Board of Supervisors, County Administrative Office. Award the contract for the Mooney Grove Park Pond Walkway Project to the lowest responsible and responsive bidder, S & W Construction, in an amount of $2,113,596.61.

Resolution No. 2023-0979
7.
Award the contract for the Design and Construction of the Sheriff’s Camera and Console Upgrade Project to CML Security, LLC, in an amount of $4,140,149. Approve the necessary budget adjustments (4/5ths vote required).


Resolution No. 2023-0980
Agreement No. 31441
8.
Approve a capital asset purchase of three Flex-Wing Grooming Mowers, in an amount not to exceed $120,000. Approve the necessary budget adjustment (4/5ths vote required).

Resolution No. 2023-0981

Health & Human Services Agency

9.
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. 2023-0982
10.
Approve an agreement with Aspiranet for the provision of Wraparound services, in an amount not to exceed $2,879,629, retroactive from July 1, 2023, through June 30, 2024. 

Resolution No. 2023-0983
Agreement No. 31442
11.
Adopt the Subvention Certificate of Compliance and the Medi-Cal Certificate of Compliance for the California Department of Veterans Affairs County Subvention Program for Fiscal Year 2023/2024.

Resolution No. 2023-0984
12.
Approve the acceptance of funds from the California Department of Public Health, Tuberculosis Control Branch, for the Uniting for Ukraine program to support Tuberculosis prevention and control within the Ukrainian population, in an amount not to exceed $14,250, retroactive from July 1, 2023 through September 30, 2023. Ratify and approve the Acceptance of Award letter electronically signed by the Tulare County Health & Human Services Health Officer. Authorize the Tulare County Health & Human Services Agency Director or designee to accept subsequent allocations related to this funding and electronically sign the Contractor’s Release upon submission of the final invoice.

Resolution No. 2023-0985
13.
Approve the required Intergovernmental Transfer Agreement with the State of California Department of Health Care Services to govern manual transfers for specialty mental health services and Drug-Medi-Cal Organized Delivery System services retroactive from July 1, 2023 through December 31, 2026. Authorize the Director of Mental Health's submission of the Department of Health Care Services Form 7210 and affiliated Intergovernmental Fund Transfer documents to the California Department of Health Care Services. Ratify the Director of Mental Health’s signature on the Department of Health Care Services Form 7210. Authorize the Director of Mental Health or their designee to transfer allowable funds to the California Department of Health Care Services County Funds Account to facilitate claiming of Medi-Cal Patient Care Revenues.

Resolution No. 2023-0986
Agreement No. 31443, 31444
14.
Approve a Memorandum of Understanding with Kings Tulare Homeless Alliance to provide access and enhance the continuum of care, effective October 24, 2023 and shall continue until terminated by either party.


Resolution No. 2023-0987
Agreement No. 31445
15.
Approve an amendment to Agreement No. 30370  with the California Department of Health Care Services to provide Drug Medi-Cal Organized Delivery System services for Substance Use Disorder treatment, in an amount not to exceed $54,521,800, retroactive from July 1, 2021 through June 30, 2024.

Resolution No. 2023-0988
Agreement No. 30370-B

Resource Management Agency

16.
Approve the Measure R Program Supplement to Cooperative Agreement with the Tulare County Association of Governments, acting as the Local Transportation Authority, for an advance of up to One (1) year of the Local Measure R allocation to the County of Tulare based on fiscal year 2023/24 estimates.

Resolution No. 2023-0989
Agreement No. 31446

Sheriff/Coroner

17.
Approve an agreement with CAL Fire to provide reimbursement to Tulare County Sheriff’s Office to participate in an Incident Management Team and respond to emergencies on a year-round basis, effective on last signature and will remain in effect unless terminated in writing from one party to the other or superseded by a new Operating Plan. Authorize the Sheriff or designee to assign one (1) sworn Sheriff personnel to serve as the Law Enforcement Liaison Officer on the Incident Management Team. Find that CAL Fire will reimburse Tulare County for the actual costs associated with incident deployment.

Resolution No. 2023-0990
Agreement No. 31447
18.
Approve a ten (10) year Master Services and Purchasing Agreement between the Tulare County Sheriff’s Office and Axon Enterprise, Inc., to purchase body-worn, fleet and interview room camera systems, drones, Conducted Electrical Weapons, signal devices, as well as additional licensing and software, in an amount not to exceed $16,155,362, effective December 16, 2023 through December 15, 2033. Approve the capital asset purchase of drones, in an amount not to exceed $129,901.63, in Fiscal Year 2023/24. Waive the formal bidding process and make the sole-source purchase with Axon Enterprises, Inc. Authorize the necessary budget adjustments (4/5ths vote required).

Resolution No. 2023-0991
Agreement No. 31448
19.
Approve the capital asset purchase for an automated toxicology analyzer to support the day-to-day operations of the Coroner’s Office in an amount not to exceed $52,000 in Fiscal Year 2023/24. Approve a Personnel Resolution to add an additional position for the Autopsy Assistant II, in order to assist Forensic Pathologist in performing on-site toxicology screenings, effective November 19, 2023. Approve a Personnel Resolution to delete one (1) vacant Sheriff’s Correctional Deputy, Position No. 07492, effective November 19, 2023. Authorize the necessary budget adjustments (4/5ths vote required).

Resolution No. 2023-0992, 2023-0993
ITEMS NOT TIMED
Items not specifically timed may be taken in any order

 
20.
Receive a presentation from the Resource Management Agency on the impacts of Short-Term Rentals in Three Rivers. Direct Resource Management Agency staff regarding Short-Term Rentals in Three Rivers from the following options:
Option A: Bring back a proposed Ordinance and associated regulatory program which would include a potential moratorium on additional Short-Term Rentals in Three Rivers until the program is adopted.
Option B: Take no action.


Resolution No. 2023-0994
Moved by Amy Shuklian, seconded by Eddie Valero to Approved and directed Resource Management Agency staff to bring back a proposed ordinance and associated regulator program on short-term rentals within the jurisdiction of Tulare County..
 
AYES: Larry Micari, Amy Shuklian, Eddie Valero, Dennis Townsend
NOES: Pete Vander Poel
Final Result: 4 – 1 Passed
Michael Washam, Associate RMA Director – Presented a PowerPoint presentation

Public comments received in-persona and via email

 
BOARD MATTER REQUESTS
21.
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
Please see today’s agenda item on a proposed amendment to the Tulare County Zoning Ordinance No. 352, Zone Change No. PZC 22-012 and TSM 22-012 (Malli/Oak Creek Estates)


OFF AGENDA
 
ITEM B
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation (Government Code Section 54956.9(d)(2))
Number of Potential Cases: 1
Please see today’s agenda item on TRUTH Act Community Forum


OFF AGENDA
 
ITEM C
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.


**NO ANNOUNCEMENTS FROM CLOSED SESSION**
11:00 a.m.    BREAK
11:25 a.m.    Reconvened to Open Session
12:12 p.m.    Convened to Closed Session
12:40 p.m.     Adjourned to October 31, 2023