Meeting
MEMBERS OF THE BOARD

LARRY MICARI  – Chair
District One

PETE VANDER POEL – Vice Chair
District Two

AMY SHUKLIAN 
District Three

EDDIE VALERO 
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) 615-3009

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

July 09, 2024

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 plaque recognizing the Honorable Judge, Walter Gorelick upon his retirement from the Tulare County Superior Court for his 43 years of service.

Supervisor Vander Poel presented a plaque to Honorable Judge Walter Gorelick.
 
3.
Public Comments.

Public Comments: Karen Elliot, Roshanda Smith-Jones and Diana Oceguera Martinez
 
9:30 A.M. - TIMED ITEMS

 
4.
PUBLIC HEARING: Request from the Resource Management Agency to approve General Plan Amendment No. GPA 24-003, Pinnacle Investments LLC, to change the County’s land use designation, on approximately 1.17-acres, from “Valley Agriculture” to “Mixed Use”, located at 20440 Avenue 256 on the northeast corner of Avenue 256 and Road 204 (Spruce Road), APNs 141-040-024 & 026, south of Exeter. Adopt the findings of approval, as recommended and set forth by the Planning Commission and approve Zone Change No. PZC 24-001. Adopt an ordinance amending Paragraph B of Section 3 of Ordinance No. 352, the Tulare County Zoning Ordinance, for Change of Zone No. PZC 24-001 to change the zone on approximately 1.17 acres from the AE-20 (Exclusive Agriculture, 20-Acre Minimum) Zone to the C-2-MU (General Commercial  - Mixed Use Overlay) Zone at 20440 Avenue 256, Visalia, CA. (APNs:141-040-024 & 026). 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 24-001, as required by law. Authorize the Environmental Assessment Officer, or their designee, to file the Notice of Exemption (NOE) with the Clerk-Recorder and the State Office of Planning and Research. Adopt the findings recommended and set forth by the Planning Commission and find that the Project is exempt from review under the California Environmental Quality Act (CEQA) and the State CEQA Guidelines pursuant to § 15303 New Construction or Conversion of Small Structures.


Resolution No. 2024-0631
Ordinance No. 3647
Opened Public Hearing: 9:48 a.m. – No Public Comment – Closed Public Hearing: 9:53 a.m.
Aaron Bock, Assistant RMA Director – Economic Development and 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 Passed
CONSENT CALENDAR (Numbers 5 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 Eddie Valero, seconded by Dennis Townsend to Approved – Consent calendar (Numbers 5 through 33) .
 
AYES: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero, Dennis Townsend
Final Result: 5 – 0 Passed

Agricultural Commissioner/Sealer

5.
Approve an agreement with the California Department of Food and Agriculture, to offset costs of providing fruit and vegetable inspection services for the State Standardization Program, in an amount not to exceed $58,180, retroactive from July 1, 2024 through June 30, 2025.

Resolution No. 2024-0632
Agreement No. 31777

Board of Supervisors

6.
Appoint Norberto Gonzalez to an At-Large Seat on the Tulare County Language Accessibility Advisory Committee for a term ending June 30, 2026.

Resolution No. 2024-0633
7.
Reappoint Maria Paredez to an At-Large Seat on the Tulare County Language Accessibility Advisory Committee for a term ending June 30, 2026.

Resolution No. 2024-0634
8.
Reappoint Tina Shillinglaw and Marion Shillinglaw to the At-Large Seats on the Tulare County Voting Accessibility Advisory Committee for terms ending June 30, 2026.

Resolution No. 2024-0635

County Counsel/Risk Management

9.
Approve an agreement with Thomson Reuters for a subscription to Westlaw for print publications for the County Counsel’s Office, in an amount not to exceed $96,337, effective August 1, 2024 through July 31, 2029.

Resolution No. 2024-0636
Agreement No. 31778

Fire Department

10.
Approve the Notice of Exemption for the 2024 Rankin Burn which finds that the project is exempt from review under the California Environmental Quality Act (CEQA) and the State CEQA Guidelines as existing facilities pursuant to Class 1, 14 CCR 15301 (c). Authorize the Environmental Assessment Officer, or designee, to file the Notice of Exemption with the Clerk-Recorder and the State Office of Planning and Research.

Resolution No. 2024-0637

General Services Agency

11.
FOR INFORMATION ONLY: Bid Opening results for the County of Tulare Springville Library Project. 
 
CONTRACTOR BID AMOUNT
AMG & Associates Inc. $4,484,000
American Incorporated $4,600,000
Oral E. Micham Inc. $4,692,000
Katch Environmental Inc. $4,715,000
Caliber Contracting Services Inc. $5,140,000
   
Engineer’s Estimate $4,000,000


12.
Approve a hangar lease agreement for space in the North Hangar at Sequoia Field Airport located at 36000 Road 112, Visalia, with Melvin Council and Leticia Council, for a month-to-month term at a rate of $50 per month, effective July 9, 2024.


Resolution No. 2024-0638
Agreement No. 31779
13.
Approve an amendment to Lease Agreement No. 30089 with Fairway Properties LLC, for property located at 520 E. Tulare Ave. and 942 S. Santa Fe St., Visalia, for tenant improvements to the Premises, in an amount not to exceed $363,044, effective July 9, 2024.

Resolution No. 2024-0639
Agreement No. 30089-A
14.
Approve an amendment to Lease Agreement No. 23812 with Fairway Properties LLC, for property located at 1845 N. Dinuba Blvd., Visalia, to include payments for tenant improvements to the Premises, in an amount not to exceed $28,479, effective July 9, 2024.


Resolution No. 2024-0640
Agreement No. 23812-C
15.
Reaffirm the existence of an emergency within the meaning of Public Contract Code §1102 and Public Resources Code §21060.3 due to the damage to Bartlett Park from the March 2023 storm events, as declared by the Board of Supervisors on June 27, 2023, Resolution No. 2023-0554. (4/5ths vote)


Resolution No. 2024-0641

Health & Human Services Agency

16.
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. 2024-0642
17.
Reaffirm the proclamation of a Local Emergency due to the Sequoia Complex Fire, as declared by the Board of Supervisors on September 01, 2020, Resolution No. 2020-0569. Reaffirm the declaration of a Local Health Emergency due to the Sequoia Complex Fire as declared by the Board of Supervisors on September 29, 2020, Resolution No. 2020-0667. Reaffirm the proclamation of a Local Emergency due to the September Lightning Fires, as declared by the Board of Supervisors on September 14, 2021, Resolution No. 2021-0726. Reaffirm the declaration of a Local Health Emergency due to the September Lightning Fires as declared by the Board of Supervisors on November 2, 2021, Resolution No. 2021-0861.


Resolution No. 2024-0643
18.
Authorize the Step Up #LEAD Youth Program, to be funded for $136,000, effective July 9, 2024.


Resolution No. 2024-0644
19.
Approve an agreement with The Tule River Tribe for Disaster Related Services, effective July 9, 2024 through July 8, 2027. There is no cost associated with this agreement.


Resolution No. 2024-0645
Agreement No. 31780
20.
Approve an agreement with Fonemed, LLC to provide nurse triage call-in services twenty-four hours a day, seven days a week for patients, in an amount not to exceed $27,030, retroactive from July 1, 2022 through June 30, 2025.


Resolution No. 2024-0646
Agreement No. 31781
21.
Approve an agreement with Success in Recovery, for the provision of Short-Term Residential Therapeutic Program services to Tulare County adolescent males, in an amount not to exceed $500,000, retroactive from July 1, 2024 through June 30, 2025.


Resolution No. 2024-0647
Agreement No. 31782
22.
Approve an agreement with Plumlee’s Board and Care for the provision of augmented residential care services, in an amount not to exceed $755,550, retroactive from July 1, 2024, through June 30, 2025.


Resolution No. 2024-0648
Agreement No. 31783

Resource Management Agency

23.
Reaffirm the Local Emergency within the meaning of Public Contract Code §1102 and Public Resources Code §21060.3 due to the damage to various County roads, bridges, and related infrastructure from the March 2023 storm events, as declared by the Board of Supervisors Resolution No. 2023-0424 on May 16, 2023 (4/5ths vote required).​

Resolution No. 2024-0649
24.
Approve an agreement with Biggs Cardosa Associates Inc. to provide Professional Engineering Services for the Mountain Road 43 (Manter Meadow Drive) over Capinero Creek Bridge Project, in the community of Pine Flat, in an amount not to exceed $892,755, effective July 9, 2024 through December 31, 2029.


Resolution No. 2024-0650
Agreement No. 31784
25.
Approve the Right-of-Way Contract with Eric L. Mathewson and Colette M. Mathewson as part of the Avenue 280 Widening Project - Segment 2, between Lovers Lane and Virginia Avenue, near the Cities of Visalia and Farmersville, in an amount of $66,000. Authorize the Resource Management Agency Director, or designee, to sign the Contract and all documents needed to facilitate the related right-of-way acquisition. Direct the Auditor to draw warrants in favor of the County’s designated escrow company for the contract amount, plus escrow fees estimated at $1,351.


Resolution No. 2024-0651
Agreement No. 31785
26.
Approve the Right-of-Way Contract with Choon Nam Chao and Kim Chao as part of the Avenue 280 Widening Project - Segment 2, between Lovers Lane and Virginia Avenue, near the Cities of Visalia and Farmersville, in an amount of $45,000. Authorize the Resource Management Agency Director, or designee, to sign the Contract and all documents needed to facilitate the related right-of-way acquisition. Direct the Auditor to draw warrants in favor of the County’s designated escrow company for the contract amount, plus escrow fees estimated at $2,001.


Resolution No. 2024-0652
Agreement No. 31786

Sheriff/Coroner

27.
Approve an agreement with the Oak Valley Union School District for the Sheriff’s Office to provide School Resource Officer services on the district campus, in an amount not to exceed $50,787, effective August 8, 2024 through June 4, 2025.

Resolution No. 2024-0653
Agreement No. 31787
28.
Approve an agreement with the Buena Vista Elementary School for the Sheriff’s Office to provide School Resource Officer services on the district campus, in an amount not to exceed $25,393, effective August 7, 2024 through June 6, 2025.

Resolution No. 2024-0654
Agreement No. 31788
29.
Approve an agreement with the Cutler-Orosi Joint Unified School District for the Sheriff’s Office to provide School Resource Officer services on the district campuses, in an amount not to exceed $280,925, retroactive from July 1, 2024 through June 30, 2025.

Resolution No. 2024-0655
Agreement No. 31789
30.
Approve an agreement with the Tulare Joint Union High School District for the Sheriff’s Office to provide School Resource Officer services on the district campus, in an amount not to exceed $121,050, effective August 8, 2024 through June 5, 2025.

Resolution No. 2024-0656
Agreement No. 31790
31.
Approve an agreement with the Palo Verde Union Elementary School District for the Sheriff’s Office to provide School Resource Officer services on the district campus, in an amount not to exceed $50,787, effective August 8, 2024 through June 5, 2025.

Resolution No. 2024-0657
Agreement No. 31791
32.
Approve an agreement with the Monson-Sultana Joint Union Elementary School District for the Sheriff’s Office to provide School Resource Officer services on the district campus, in an amount not to exceed $42,927, effective August 7, 2024 through May 23, 2025.

Resolution No. 2024-0658
Agreement No. 31792
33.
Approve an agreement with Traver Joint Elementary School for the Sheriff’s Office to provide School Resource Officer services on the district campus, in an amount not to exceed $21,463, effective August 14, 2024 through June 5, 2025.

Resolution No. 2024-0659
Agreement No. 31793
ITEMS NOT TIMED
Items not specifically timed may be taken in any order

 
34.
Request from the Board of Supervisors’ staff to consider, modify as needed, and approve the responses to the 2023-2024 Tulare County Grand Jury Final Report entitled, “Parks Facelift.”

Resolution No. 2024-0660
Israel Sotelo, Chief of Staff – Presented a staff presentation.
Public Comments: None

 
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
35.
Request from the Resource Management Agency to introduce an ordinance adding Chapter 33 of Part VI of the Ordinance Code, pertaining to short-term rentals. 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. Set the adoption of the ordinance for July 23, 2024.

Resolution No. 2024-0661
Michael Washam, Associated RMA Director – Presented a PowerPoint presentation.
Public Comments: Scott Austin, Kristie Malek, Walter Van Easton Bailey, James Sickman and Laurie Schwaller

Supervisor Vander Poel directed staff to bring an agenda item for all SRA residents to have bear cans for their waste and to review or change the TOT registration form for short-term rentals.

 
Moved by Pete Vander Poel, seconded by Dennis Townsend to Approved to reject the proposed ordinance.
 
AYES: Larry Micari, Pete Vander Poel, Dennis Townsend
NOES: Amy Shuklian, Eddie Valero
Final Result: 3 – 2 Passed
BOARD MATTER REQUESTS
36.
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)).

Request for clarification on why only select business require a business license.

Request to look into mobile non-permitted food vendors.

 
RECORD OF THREAT OF LITIGATION
37.
Record of Threat of Litigation (Closed Session Item E) –  Disability Rights California’s findings letter to Tulare County, dated August 11, 2022.

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 pertaining to a public hearing considering approval of the Pinnacle Zone Change and General Plan Amendment


OFF AGENDA
 
ITEM B
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Name of Case: Workers’ Compensation Appeals Board No.: ADJ12097081


Resolution No. 2024-0662
ITEM C
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Name of Case: Alcantar, Michael v. Vanessa Ponce; County of Tulare
Fresno County Superior Court Case Number 24CECG1061


Resolution No. 2024-0663
Moved by Dennis Townsend, seconded by Amy Shuklian to Approved.
 
AYES: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero, Dennis Townsend
Final Result: 5 – 0 Passed
ITEM D
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Name of Case: Molina, Arlette, et al. v. County of Tulare, et al.  
Tulare County Superior Court Case Number VCU308314


Resolution No. 2024-0664
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
ITEM E
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation (Government Code Section 54956.9(d)(2))
Number of Potential Cases: 1
Statement threatening litigation made by Disability Rights Coalition of California in findings letter dated 8/11/22.


Resolution No. 2024-0665
ITEM F
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.






11:45 a.m.      Convened to Closed Session
12:15 p.m.     Reconvened to Open Session
12:17 p.m.     Adjourned to July 16, 2024