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

August 27, 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 Proclamation recognizing August 2024 as National Breastfeeding Month in Tulare County.

Supervisor Valero presented a proclamation
 
3.
Present a Proclamation recognizing August 2024 as Valley Fever Awareness Month in Tulare County.

Supervisor Townsend presented a proclamation.
 
4.
Public Comments.

Public Comments: Amber Arrout; Clarence Ogans; Kristina Garrison; Ashley Vega; Christina Velasquez
 
CONSENT CALENDAR (Numbers 5 through 37)
 
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 37).
 
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 for the Organic Inspections Program, in an amount not to exceed $4,170, retroactive from July 1, 2024 through June 30, 2025.

Resolution No. 2024-0777
Agreement No. 31858
6.
Approve an agreement with the California Department of Food and Agriculture for the Industrial Hemp Cultivation Program – With Registration, in an amount not to exceed $6,001.30, retroactive from July 1, 2024 through June 30, 2026.

Resolution No. 2024-0778
Agreement No. 31859

Auditor-Controller/Treasurer-Tax Collector

7.
Approve the request from PFM Asset Management LLC to transfer its Agreement with the County for Program Administration Services for the County’s Millennium Capital Project Fund Program to its parent company U.S. Bancorp Asset Management, Inc.

Resolution No. 2024-0779
8.
Approve the request from PFM Asset Management LLC to transfer its Agreement with the County for Investment Advisory Services for the County’s Investment Pool to its parent company U.S. Bancorp Asset Management, Inc.

Resolution No. 2024-0780

Board of Supervisors

9.
Appoint Lynne Martin Del Campo to the At Large Seat – 9, on the Tulare County Mental Health Board for a term ending December 31, 2025.

Resolution No. 2024-0781
10.
Reappoint Fred Naylor to the District 3 Seat on the Fish and Wildlife Commission for a term ending September 4, 2026.

Resolution No. 2024-0782
11.
Reappoint Brad L. Maaske to the District 4 Seat on the Assessment Appeals Board for a term ending September 6, 2027.

Resolution No. 2024-0783

County Administrative Office

12.
Approve an amendment to Agreement No. 27385 with the Superior Court of California, County of Tulare for the provision of County use of the Court’s Case Management System, in the amount of $369,604.75, effective September 8, 2024 through September 7, 2025.

Resolution No. 2024-0784
Agreement No. 27385-I

Fire Department

13.
Approve an agreement with the Woodlake Fire Protection District for automatic aid for Fire Protection Services, effective September 1, 2024 through August 30, 2029.

Resolution No. 2024-0785
Agreement No. 31860

General Services Agency

14.
Approve an amendment to lease Agreement No. 28064 with Hyde Children Family Partnership II, a California Limited Liability Company, David G. Hyde, Trustee of The David G. Hyde Trust (dated November 6, 2009), Shelley Hyde Mann, and Ashleigh Doutis, as Lessor, and County as Lessee, to extend the term of the lease by three (3) years, for property located at 3348 W. Mineral King Ave, Visalia, retroactive from June 1, 2024, through May 31, 2027.


Resolution No. 2024-0786
Agreement No. 28064-A
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. 2024-0787

Health & Human Services Agency

16.
Approve an agreement with the California Department of Health Care Services to ensure the security and privacy of Medi-Cal Personally Identifiable Information, effective September 1, 2024 through September 1, 2028.


Resolution No. 2024-0788
Agreement No. 31861
17.
Approve an agreement with GHC of SAC-SNF, LLC dba Gramercy Court for the provision of skilled nursing services, in an amount not to exceed $400,000, retroactive from July 1, 2024 through June 30, 2025.


Resolution No. 2024-0789
Agreement No. 31862
18.
Approve an agreement with Parenting Network, Inc. for the provision of a Parent Partner services program in an amount not to exceed $304,876, retroactive from July 1, 2024 through June 30, 2025.


Resolution No. 2024-0790
Agreement No. 31863
19.
Approve an agreement with Altura Centers for Health to provide core sexually transmitted disease surveillance and disease intervention services, in an amount not to exceed $171,956, retroactive from July 1, 2024 through June 30, 2026.


Resolution No. 2024-0791
Agreement No. 31864
20.
Approve an agreement with Aspiranet for the provision of the Transitional Housing Program-Plus Services to foster youth, in an amount not to exceed $409,635, retroactive from July 1, 2024,through June 30, 2025.


Resolution No. 2024-0792
Agreement No. 31865
21.
Approve an agreement with Central Valley Recovery Services, Inc. for the provision of residential, outpatient, intensive outpatient, and transitional substance abuse services, in an amount not to exceed $6,489,299, retroactive from July 1, 2024 through June 30, 2025.


Resolution No. 2024-0793
Agreement No. 31866
22.
Approve an agreement with the Tulare County Superintendent of Schools for the reimbursement of funds to ensure that Tulare County foster youth receive educational support, in an amount not to exceed $301,464, retroactive from July 1, 2024 through June 30, 2025.


Resolution No. 2024-0794
Agreement No. 31867
23.
Approve a Memorandum of Understanding with the California Department of Public Health for the Pathways Fellows and Interns Program, effective July 1, 2025 through June 30, 2026. There is no cost associated with this Memorandum of Understanding.


Resolution No. 2024-0795
Agreement No. 31868
24.
Approve the submission of the contractor’s release form for the Ryan White Program.


Resolution No. 2024-0796
25.
Ratify and approve the electronic submission of an online Animal Welfare Organization grant application to Petco Love, retroactive from July 19, 2024.

Resolution No. 2024-0797
26.
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. 2024-0798
27.
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. 2024-0799

Registrar of Voters

28.
Approve the consolidation of the Local Contests/Measures, listed in Appendix A, with the General Election and any other election, which may be held within the jurisdiction of said districts on Tuesday, November 5, 2024. Approve the procedures to be used in conduct of the consolidated election and said consolidation shall adhere to the provisions set forth in Section 10400 and following of the Elections Code. Authorize the Election Official to perform all necessary and required services to the aforementioned districts relating to the conduct of the Local Contests/Measures and General Election. 

Resolution No. 2024-0800

Resource Management Agency

29.
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).​  Accept the work for the construction of Road 168 over St. John’s River Bridge Repair Project (Location 247), located approximately 2 miles southeast of the unincorporated community of Ivanhoe.


Resolution No. 2024-0801
30.
Accept the work for the construction of 2023 Road Repair Accountability Act (RRAA) Project 1 as completed by Granite Construction Company of Fresno, California throughout various locations in the County.


Resolution No. 2024-0802
31.
Accept the work for the construction of the CNG Fueling System at the Transit Operations and Maintenance Facility as complete by Hobbs Construction, Inc., of Fresno, California.


Resolution No. 2024-0803
32.
Approve the designation of an All-Way STOP controlled intersection on Avenue 304 and Road 64, located just west of the community of Goshen. Authorize the installation of STOP signs on Avenue 304 at Road 64, in accordance with the provisions of Section 2B.07 of the 2014 California Manual on Uniform Traffic Control Devices (CA MUTCD) and Section 22450(c) of the California Vehicle Code (CVC).


Resolution No. 2024-0804
33.
Authorize and approve the submission of four (4) grant applications for funding from the Highway Safety Improvement Program Cycle 12 with an estimated total project cost of $7,297,900, and an estimated total of leveraging and match amount of $729,790. Authorize and direct the Resource Management Agency Director, or designee, to sign and submit all related grant applications once the applications are complete.


Resolution No. 2024-0805
34.
Approve and award the contract to the lowest responsive and responsible bidder, VSS International Inc., of Sacramento, California for the construction of the 2024 Slurry Seal Program Project, at various locations throughout the County, in an amount of $613,000. Allow funds for contingencies to cover unexpected construction conditions, in an amount of $43,150. Authorize the Resource Management Agency Director or designee to approve the contract change order up to the amount of allowed funds for contingencies.

Resolution No. 2024-0806
Agreement No. 31869
35.
Approve an amendment to Agreement No. 31626 with Dewberry Engineers Inc. to provide additional engineering services for the Avenue 152 over Tule River Bridge Project, near the City of Porterville, in an amount not to exceed $14,500, effective August 27, 2024 through December 31, 2029.


Resolution No. 2024-0807
Agreement No. 31627-A
36.
Adopt an ordinance Amending Chapter 17 of Part VI of the Ordinance Code of Tulare County, pertaining to Lawful Gambling Establishments, Controlled Gaming, and Gambling Enterprise Employees. Find that the ordinance was introduced on August 13, 2024, and was set for adoption at today’s meeting. Find that the title of the ordinance was included on the published agenda, and a summary of the ordinance was published 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 adopted. Direct the Clerk of the Board to publish a summary of the ordinance and post a full copy of the ordinance after adoption as required by law.

Resolution No. 2024-0808
Ordinance No. 3648

Sheriff/Coroner

37.
Approve an agreement with the United States Department of Justice to participate in the Federal Equitable Sharing Program and to allow continued access to Equitable Sharing funds, in the amount of $709,424, retroactive from July 1, 2024 through June 30, 2025. Authorize the Sheriff or designee to electronically sign the Equitable Sharing Agreement and Certification form.

Resolution No. 2024-0809
Agreement No. 31870
ITEMS NOT TIMED
Items not specifically timed may be taken in any order

 
38.
Receive a presentation from the Health and Human Services Agency regarding Tulare County Suicide Prevention Task Force. Present a Proclamation recognizing September 2024 as National Suicide Prevention Month in Tulare County.


Darcy Massey, Family Advocate Manager HHSA – Presented a PowerPoint presentation. 
Survivor Story: Nova Torrez
Supervisor Shuklian presented the proclamation. 
NO ACTION TAKEN

 
39.
Request from the Auditor-Controller Department to select the cost-of-living factor to be used in the 2024-25 Gann Appropriations Limit calculation from these two options.
Option 1:    The percentage change in the jurisdiction’s assessed valuation attributable to local non-residential
                    new construction which was 8.40% for fiscal year 2023-24.
Option 2:    The change in California per capita personal income which was 3.62% for calendar year 2023.


Resolution No. 2024-0810
Moved by Pete Vander Poel, seconded by Dennis Townsend to Approved Option 1.
 
AYES: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero, Dennis Townsend
Final Result: 5 – 0 Passed
Cass Cook, Auditor-Controller – Staff presentation
 
40.
Receive a presentation from the Health and Human Services Agency Behavioral Health Branch, regarding the California Department of Health Care Services’ Behavioral Health Services Act, Community Assistance, Recovery, and Empowerment Court, and Senate Bill 43.

Natalie Bolin, Director of Mental Health – Provided a PowerPoint presentation

NO ACTION TAKEN

 
41.
Receive a presentation from the Resource Management Agency on the Meet the Consultants Site Selection and Economic Development Forum.

Michael Washam, Associate RMA Director – Provided a PowerPoint presentation and video.

NO ACTION TAKEN

 
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 Nos.: ADJ16747813; ADJ16747814


Resolution No. 2024-0811
ITEM B
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Name of Case: Workers’ Compensation Appeals Board No.: ADJ16051770


Resolution No. 2024-0812
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: Richard Doyle, et al. v. County of Tulare 
U.S. District Court Eastern District of California Case No. 1:24-cv-00936-JLT-SKO


Resolution No. 2024-0813
Moved by Dennis Townsend, seconded by Pete Vander Poel to Directed legal counsel to defend the case.
 
AYES: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero, Dennis Townsend
Final Result: 5 – 0 Passed
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.


10:40 a.m.    BREAK
10:48 a.m.    Reconvened to Open Session
12:29 p.m.    Convened to Closed Session
12:30 p.m.     Adjourned to September 10, 2024