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

SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS AND THE
BOARD OF DIRECTORS OF TULARE COUNTY PUBLIC FINANCING AUTHORITY

July 30, 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.
Recognize John Mauro upon his retirement from the Health and Human Services Agency for his many years of service with the County.

Chair Micari presented a plaque to John Mauro
 
3.
Public Comments.

None
 
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 Eddie Valero, seconded by Dennis Townsend to Approved Consent Calendar (Numbers 4 through 20) .
 
AYES: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero, Dennis Townsend
Final Result: 5 – 0 Passed

Agricultural Commissioner/Sealer

4.
Approve $2,000 for projects upon adoption of the Fish and Wildlife Propagation Program (Fund 011) budget for Fiscal Year 2023/2024. Authorize the approved funding allocations as follows: Critter Creek Wildlife Station, $1,500; SCICON Raptor Center, $250; Wild Ones Wildlife Rehabilitation, $250. Find that the projects described in this agenda item and the attachments hereto are exempt from review under the California Environmental Quality Act (CEQA) and the State CEQA Guidelines as actions taken by regulatory agencies for protection of natural resources pursuant to Class 7, 14 CCR  § 15307. 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. 2024-0704
5.
Approve an agreement with the California Department of Food and Agriculture for the County Retail Egg Inspections, in an amount not to exceed $22,287.20, retroactive from July 1, 2024 through June 30, 2025.

Resolution No. 2024-0705
Agreement No. 31821

General Services Agency

6.
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 required)


Resolution No. 2024-0706
7.
Approve an amendment to License Agreement No. 31196 with the Tulare County Amateur Radio Club, a California nonprofit corporation, as Licensee, for space located at 2500 W. Burrel Ave., Visalia, commonly known as Human Resources and Development, with Tulare County as Licensor retroactive from May 16, 2024.


Resolution No. 2024-0707
Agreement No. 31196-A

Health & Human Services Agency

8.
Approve an agreement with The Source LGBT+ Center, Inc. to provide core sexually transmitted disease surveillance and disease intervention services, in an amount not to exceed $174,656, retroactive from July 1, 2024 through June 30, 2026.


Resolution No. 2024-0708
Agreement No. 31822
9.
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, retroactive from July 1, 2024 through June 30, 2025.


Resolution No. 2024-0709
Agreement No. 31823
10.
Approve an agreement with the Visalia Unified School District for the Employment Training Panel Grant, in an amount not to exceed $100,000, effective July 30, 2024 through June 30, 2026.


Resolution No. 2024-0710
Agreement No. 31824
11.
Approve an agreement with the Tulare County Superintendent of Schools for the Emergency Child Care Bridge Program for Foster Children, in an amount not to exceed $856,831, retroactive from July 1, 2024 through June 30, 2025.


Resolution No. 2024-0711
Agreement No. 31825
12.
Ratify the submission of a grant application on June 24, 2024, to the California Department of Resources Recycling and Recovery Used Oil Program. Ratify the Chair’s signature on the grant application from June 12, 2024.  Approve the resolution from the California Department of Resources Recycling and Recovery Used Oil Program retroactive from July 1, 2024 through June 30, 2026.


Resolution No. 2024-0712, 2024-0713
13.
Confirm the organizational structure of the Health & Human Services Agency to include its subdivisions: Public Health, Environmental Health, Behavioral Health, and Human Services, specifically to satisfy the documentation requirements for the federal System for Award Management yearly renewals.


Resolution No. 2024-0714
14.
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. 2024-0715
15.
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. 2024-0716

Probation

16.
Approve the distribution of the Community Corrections Subaccount Base Funding estimated at $28,310,027 for Fiscal Year 2024/25 to fund continued implementation of criminal justice realignment in Tulare County; allocate $3,000,000 to the Health and Human Services Agency for Inmate Healthcare; $12,655,013.50 for the Sheriff’s Office; and $12,655,013.50 for the Probation Department. Any changes to the estimated allocation will be shared 50-50 by the Sheriff’s Office and the Probation Department.

Resolution No. 2024-0717

Resource Management Agency

17.
Approve an agreement for reimbursement with the City of Visalia for the Avenue 280 Widening Project – Segment 2, effective July 30, 2024.


Resolution No. 2024-0718
Agreement No. 31826
18.
Approve an agreement with Moffatt and Nichol to provide Professional Engineering Consulting Services for the Avenue 404 over Cottonwood Creek Bridge Project, near the City of Woodlake, in an amount not to exceed $917,307.49, effective July 30, 2024 through December 31, 2029.

Resolution No. 2024-0719
Agreement No. 31827
19.
Approve the Right-of-Way Contract with Gregory R. Cahill and Sandra S. Cahill 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 $67,300. 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 $2,051.


Resolution No. 2024-0720
Agreement No. 31828
20.
Approve an agreement with the Sierra Nevada Conservancy for the Watershed Improvement Program Capacity Subgrant to support the planning and execution of forest health projects focusing on capacity building and project pipeline development, in an amount not to exceed $466,103, effective July 30, 2024 through October 31, 2027. Approve the necessary budget adjustment (4/5ths vote required).


Resolution No. 2024-0721
Agreement No. 31829
ITEMS NOT TIMED
Items not specifically timed may be taken in any order

 
21.
Request from the Resource Management Agency to approve the Cost-Sharing Agreement with VF Goshen, Inc. for the Road 67 Operational Improvements Project, near the unincorporated community of Goshen, in an amount not to exceed $300,000, effective July 30, 2024.


Resolution No. 2024-0722
Agreement No. 31830
Moved by Eddie Valero, seconded by Amy Shuklian to Approved.
 
AYES: Larry Micari, Amy Shuklian, Eddie Valero, Dennis Townsend
ABSENT: Pete Vander Poel
Final Result: 4 – 0 Passed
Reed Schenke, RMA Director – staff presentation

No public comments

Supervisor Vander Poel recusal due to receipt of campaign contribution

 
22.
Receive a presentation by the Child Support Services Department regarding Child Support Awareness Month. Present a Proclamation recognizing August 2024 as Child Support Awareness Month in Tulare County.

Roger Dixon, DCSS Director – Provided a PowerPoint presentation
Supervisor Townsend presented proclamation

NO ACTION TAKEN

 
23.
Receive a presentation by the Public Financial Management, Asset Management LLC (“PFM”) regarding the Annual Report for the Millennium Fund Investment Program. Accept the Annual Report for the Millennium Fund Investment Program.

Resolution No. 2024-0723
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 Passed
Lauren Brant, PFM Managing Director – Provided a PowerPoint presentation

No public comments

 
24.
Request from the County Administrative Office to adopt a resolution authorizing the prepayment of the principal of and interest on lease payments, and related bond principal and interest, and optional redemption of and with respect to the Tulare County Public Financing Authority Refunding Bonds, Series 2006 (Millennium Fund Program) (federally taxable), approving the Form and authorizing the execution and delivery of a Lease Prepayment, Bond Redemption, and Termination of Leasehold Interests and Release Agreement with respect to said Bonds, and authorizing official actions and execution of documents related thereto. Approve the Lease Prepayment, Bond Redemption, and Termination of Leasehold Interests and Release Agreement with respect to said Bonds, subject to County Counsel review and approval, in an amount not to exceed $21,290,000. Approve the necessary budget adjustments (4/5ths vote required). Approve a Resolution approving an amended and restated Millennium Capital Project Fund Program, approving an Investment Policy for said Program, approving and authorizing the Board Chair to sign an Agreement with PFM Asset Management LLC to serve as Administrator of said Program, and authorizing official actions and execution of documents related thereto. Approve an agreement with PFM Asset Management LLC to serve as Administrator of said Program, effective July 30, 2024 through July 29, 2029. Approve the updated County of Tulare Financial Policy.
 
ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND CONVENE AS THE BOARD OF DIRECTORS OF THE TULARE COUNTY PUBLIC FINANCING AUTHORITY


Resolution No. 2024-0724, 2024-0725, 2024-0726
Agreement No. 31831, 31832
Moved by Dennis Townsend, seconded by Eddie Valero to Approved.
 
AYES: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero, Dennis Townsend
Final Result: 5 – 0 Passed
Jason Britt, CAO; Lauren Brant, PFM Managing Partner; Cass Cook, Auditor; Jeff Kuhn, Chief Deputy County Counsel – Provide a PowerPoint presentation

No public comments

 
25.
Request from the County Administrative office to adopt a resolution authorizing the prepayment of the principal of and interest on lease payments, and related bond principal and interest, and optional redemption of and with respect to the Tulare County Public Financing Authority Refunding Bonds, Series 2006 (Millennium Fund Program) (federally taxable), approving the Form and authorizing the execution and delivery of a Lease Prepayment, Bond Redemption, and Termination of Leasehold Interests and Release Agreement with respect to said Bonds, and authorizing official actions and execution of documents related thereto. Approve the Lease Prepayment, Bond Redemption, and Termination of Leasehold Interests and Release Agreement with respect to said Bonds, subject to County Counsel review and approval, in an amount not to exceed $21,290,000.
 
 ADJOURN AS THE BOARD OF DIRECTORS OF THE TULARE COUNTY PUBLIC FINANCING AUTHORITY AND RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS


Resolution No. PFA 2024-02, PFA 2024-03
Agreement No. PFA-07
Moved by Pete Vander Poel, seconded by Eddie Valero to Approved.
 
AYES: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero, Dennis Townsend
Final Result: 5 – 0 Passed
Jason Britt, CAO – Staff presentation

No public comments

 
26.
Receive a presentation from the General Services Agency regarding the projects completed in Fiscal Year 2023/24 and the proposed Capital Improvement Plan for Fiscal Years 2024/25 - 2028/29. Approve the Capital Improvement Plan for Fiscal Years 2024/25 - 2028/29. Authorize the submittal of a request to drawdown $3,000,000 from the Tulare County Millennium Fund Program pursuant to Tulare County Public Financing Authority Agreement No. PFA-03.

Resolution No. 2024-0727
Moved by Eddie Valero, seconded by Dennis Townsend to Approved.
 
AYES: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero, Dennis Townsend
Final Result: 5 – 0 Passed
Brooke Sisk, GSA Director and Kyle Taylor, GSA Deputy Director – Provided a PowerPoint presentation

No public comments

 
27.
Request from the County Administrative Office to approve an update to the County of Tulare American Rescue Plan Act Final Recovery Plan for the usage of $90,552,914 of the American Rescue Plan Act funds received to support the County in responding to the economic and public health impact of the coronavirus, COVID-19 pandemic. Approve all budgetary and accounting transactions necessary to process transfers and reimbursements to cover the County of Tulare American Rescue Plan Act Final Recovery Plan costs for Fiscal Year 2024/2025, as determined by the County Administrative Officer with Auditor-Controller concurrence, and in accordance with U.S. Department of the Treasury compliance and reporting guidelines and Final Rule. Authorize the County Administrative Officer to make adjustments to the County of Tulare American Rescue Plan Act Final Recovery Plan projects and programs up to  5% of each expenditure category with Auditor-Controller concurrence and in accordance with U.S. Department of the Treasury compliance and reporting guidelines and Final Rule. Direct the County Administrative Officer to submit the County of Tulare American Rescue Plan Act Final Recovery Plan to the U.S. Department of the Treasury.


Resolution No. 2024-0728
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 Passed
Jason Britt, CAO – Presented a PowerPoint presentation

Public Comments: Ryan Jensen and Ashley Vega

Written Public Comments: Leadership Counsel for Justice & Accountability-Ashley Vega

 
BOARD MATTER REQUESTS
28.
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: Workers’ Compensation Appeals Board No.: ADJ9636147


Resolution No. 2024-0729
ITEM B
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation (Government Code Section 54956.9(d)(2))
Number of Potential Cases: 1
Ashley Schoonover - Application for Leave to Present Late Claim


Resolution No. 202-0730
ITEM C
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Name of Case: Desirae Brown v. County of Tulare, and Angela Huerta
Tulare County Superior Court Case No. VCU310584


Resolution No. 2024-0731
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 Passed

 
ITEM D
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation (Government Code Section 54956.9(d)(2))
Number of Potential Cases: 1


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.


11:29 a.m.      Convened to Closed Session
12:08 p.m.      Reconvened to Open Session
12:09 p.m.       Adjourned to August 13, 2024