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, Eddie Valero

September 10, 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 September 2024 as National Hunger Action Month in Tulare County.

Chair Micari presented a proclamation to FoodLink Tulare County.
 
3.
Present a Proclamation recognizing September 2024 as Recovery Month in Tulare County.

Supervisor Valero presented a proclamation to HHSA-Behavioral Health Branch. 
 
4.
Present a Proclamation recognizing October 2024 as National Retirement Security Month in Tulare County.

Supervisor Vander Poel presented a proclamation to the Defined Contribution Committee. 
 
5.
Public Comments.

Public Comment – Email from Roshanda Smith Jones
 
9:30 A.M. - TIMED ITEMS

 
6.
PUBLIC HEARING: Request from the Resource Management Agency to approve the Resolution of Application for the divestiture from the East Orosi Community Services District of the power to provide domestic water service and annexation of part of the territory of the East Orosi Community Services District into the Orosi Public Utility District.


Resolution No. 2024-0817, 2024-0818
Moved by Eddie Valero, seconded by Pete Vander Poel to Approved.
 
AYES: Larry Micari, Pete Vander Poel, Eddie Valero
ABSENT: Amy Shuklian, Dennis Townsend
Final Result: 3 – 0 Passed
Opened Public Hearing: 9:40 a.m. – No Public Comment – Closed Public Hearing: 9:48 a.m.
Denise England, Grants and Resource Manager – staff presentation
 

 
CONSENT CALENDAR (Numbers 7 through 35)
 
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 Eddie Valero to Approved Consent Calendar (Numbers 7 through 35) with the exception of item #12 which was pulled for separate consideration.
 
AYES: Larry Micari, Pete Vander Poel, Eddie Valero
ABSENT: Amy Shuklian, Dennis Townsend
Final Result: 3 – 0 Passed

Agricultural Commissioner/Sealer

7.
Approve an agreement with the California Department of Food and Agriculture to offset costs of providing Asian Citrus Psyllid regulatory activities, in an amount not to exceed $350,005.48, effective October 1, 2024 through September 30, 2025.

Resolution No. 2024-0819
Agreement No. 31875
8.
Approve an agreement with the California Department of Food and Agriculture to offset costs of providing Asian Citrus Psyllid detection trapping services, in an amount not to exceed $454,997, effective October 1, 2024 through September 30, 2025. 
 


Resolution No. 2024-0820
Agreement No. 31876

Auditor-Controller/Treasurer-Tax Collector

9.
Approve an amendment to Agreement No. 25245 with Empower Annuity Insurance Company to revise the frequency of de minimis distributions for the 3121 Plan from semiannually to annually, effective upon Board signature.

Resolution No. 2024-0821
Agreement No. 25245-K

Board of Supervisors

10.
Appoint Henry Leon to the Lived Experience of Homelessness Seat on the Tulare County Task Force on Homelessness for a term ending December 31, 2025.

Resolution No. 2024-0822
11.
Appoint Ian Bakke to the Industry/Agriculture - Alternate Seat on the San Joaquin Valley Unified Air Pollution Control District Citizens Advisory Committee, for a term ending January 31, 2027.

Resolution No. 2024-0823
12.
Reappoint Jeffrey A. Nelson to the District 2 Seat and Kevin R. Day to the District 4 Seat on the Fish and Wildlife Commission for terms ending September 4, 2026.

Resolution No. 2024-0824
Moved by Eddie Valero, seconded by Pete Vander Poel to Approved.
 
AYES: Larry Micari, Pete Vander Poel, Eddie Valero
ABSENT: Amy Shuklian, Dennis Townsend
Final Result: 3 – 0 Passed
Public Comment: Chad Tafti
Tom Tucker, AG Commissioner provided background of the Fish and Wildlife Commission

 

Clerk of the Board

13.
Approve the amended Conflict of Interest Code adopted by Kaweah Delta Health Care District dba Kaweah Health.

Resolution No. 2024-0825
14.
Approve the amended Conflict of Interest Code adopted by Tulare City School District.

Resolution No. 2024-0826
15.
Approve the amended Conflict of Interest Code adopted by Lindmore Irrigation District.

Resolution No. 2024-0827

Fire Department

16.
Approve an agreement with the City of Farmersville for Emergency Dispatching & Communication Services, retroactive from July 1, 2024 through June 30, 2025.

Resolution No. 2024-0828
Agreement No. 31877

General Services Agency

17.
Award the contract for the Burrel Paving Project to the lowest responsible and responsive bidder, Tosted Asphalt, Inc., in an amount not to exceed $625,000.

Resolution No. 2024-0829
Agreement No. 31878
18.
Find that it is in the County’s best interest to place the real property located at 87 E. Morton Ave., the former Porterville Courthouse, and the former Sheriff’s Porterville Sub-Annex located at 379 N. Second St., Porterville, identified as Assessor’s Parcel No. 253-203-003 on the real estate market. Determine the estimated value of said real property is $2,000,000. Authorize the General Services Agency Director, or designee, in conjunction with County’s real estate broker, to list and negotiate for sale of said real property on the open real estate market.


Resolution No. 2024-0830

Health & Human Services Agency

19.
Approve an agreement with Family Services of Tulare County for the In-Home Parent Education Program in an amount not to exceed $273,741, retroactive from July 1, 2024 through June 30, 2025.


Resolution No. 2024-0831
Agreement No. 31879
20.
Approve an agreement with BH-TC OPCO, LLC dba Jackson House Tulare for the provision of short-term, crisis residential treatment, in an amount not to exceed $3,000,000, retroactive from July 1, 2024 through June 30, 2025.


Resolution No. 2024-0832
Agreement No. 31880
21.
Approve an agreement with Family Services of Tulare County for the provision of supervised visitation services to families whose children have been placed in out-of-home care, in an amount not to exceed $270,931, retroactive from July 1, 2024 through June 30, 2025.


Resolution No. 2024-0833
Agreement No. 31881
22.
Approve an agreement with Parenting Network, Inc. for the provision of a Differential Response Pre and Post Services program, in an amount not to exceed $322,758, retroactive from July 1, 2024 through June 30, 2025.


Resolution No. 2024-0834
Agreement No. 31882
23.
Approve an amendment to Agreement No. 28437 with Netsmart Technologies, Inc. for the provision of Electronic Health Record services, to replace and supersede Exhibit B to increase the budget by $120,000, in an amount not to exceed $5,675,623, effective September 10, 2024 through December 31, 2024.


Resolution No. 2024-0835
Agreement No. 28437-D
24.
Approve an amendment to Agreement No. 31359 with Sylmar Health & Rehabilitation Center, Inc. to replace and supersede Exhibit B-1, Rate Schedule, for the provision of skilled nursing services in an amount not to exceed $2,600,000, retroactive from July 1, 2024 through June 30, 2025.


Resolution No. 2024-0836
Agreement No. 31359-A
25.
Approve an amendment to Agreement No. 30804 with Health Net of California, Inc. to replace and supersede Exhibit A-1, Enhanced Care Management, to reflect the Department of Health Care Services rate increases for contracted services in support of operations for the Enhanced Care Management program, effective November 1, 2024 through June 30, 2025.


Resolution No. 2024-0837
Agreement No. 30804-A
26.
Ratify and approve an allocation agreement with Buckle Up for Life to receive 50 child passenger safety devices, in an amount not to exceed $4,083, retroactive from August 1, 2024 through July 31, 2025. Ratify the Tulare County Health and Human Services Agency’s Public Health Deputy Director’s signature on the agreement. Ratify and approve the Gift of Safety Acceptance Form with Buckle Up for Life, retroactive from June 10, 2024. Ratify the Tulare County Health and Human Services Agency’s Public Health Deputy Director’s signature on the Gift of Safety Acceptance Form.


Resolution No. 2024-0838
Agreement No. 31883

Probation

27.
Approve an agreement with BI Incorporated for electronic monitoring services for adult probationers, in an amount not to exceed $1,000,000, retroactive from July 1, 2024, through June 30, 2025.

Resolution No. 2024-0839
Agreement No. 31884

Resource Management Agency

28.
Adopt the revised Health & Safety Repair Program Guidelines for the implementation of the County’s 2022 Community Development Block Grant Program.

Resolution No. 2024-0840
29.
Approve the revised Combined Closeout Report for Community Development Block Grant No. 20-CDBG-CV2/3-00159 for Community Development-Housing Assistance.

Resolution No. 2024-0841
30.
Approve a claim to the Tulare County Association of Governments for Regional Surface Transportation Program/ Surface Transportation Block Grant Program Funds in Exchange for State Highway Account Funds, in an amount of $831,524, for Fiscal Year 2023/2024. Approve the Resolution for Fiscal Year 2023/2024 Regional Surface Transportation Program/ Surface Transportation Block Grant Program Exchange fund claim on behalf of the County of Tulare. Authorize the Resource Management Agency Director or designee to sign the claim.

Resolution No. 2024-0842, 2024-0843
31.
Approve and award the contract to the lowest responsive and responsible bidder, Don Berry Construction, Inc., of Kingsburg, California, for the construction of the 2024 Road Repair and Accountability Act Project 1, in the amount of $8,508,372.71. Authorize the Chair to sign the contract after review and approval as to form by County Counsel and upon receipt of certificates of insurance, bonds, and evidence that the contractor possesses a valid State Contractors License. Allow fund for contingencies in the amount of $437,919 to cover unexpected construction conditions. 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. 2024-0844
Agreement No. 31885
32.
FOR INFORMATION ONLY: Bid opening results for the 2024 Road Repair and Accountability Act Project 1.
 
CONTRACTOR BID AMOUNT
Don Berry Construction, Inc. $8,508,372.71
Yarbs Grading and Paving, Inc. $9,390,509.52
A. Teichert & Son, Inc. $9,664,000.00
Granite Construction Company $9,680,672.06
Agee Construction Corporation $9,916,999.00
Griffith Company $10,262,735.00
Papich Construction Company, Inc. $10,315,995.00
Avison Construction, Inc. $10,369,738.00
Cal Valley Construction, Inc. $10,747,756.20
   
Engineer’s Estimate $9,911,233.30


Sheriff/Coroner

33.
Approve an agreement with Champions Recovery Alternative Programs Inc., to provide counseling and residential sober living services, in an amount not to exceed $1,113,609, retroactive from July 1, 2024 through June 30, 2027.

Resolution No. 2024-0845
Agreement No. 31886
34.
Accept a report on the Tulare County Sheriff’s Inmate Welfare Trust Fund for Fiscal Year 2023/24. The funds described in this report provide funding for programs for the benefit, education, and welfare of the inmates confined within the Tulare County adult detention facilities.

Resolution No. 2024-0846
35.
Authorize the submission of a grant application for funding from the California Department of Alcohol Beverage Control, in an amount not to exceed $40,000, for the period October 1, 2024 to August 31, 2025. Authorize the Sheriff to sign the letter of interest as the grant application.

Resolution No. 2024-0847
ITEMS NOT TIMED
Items not specifically timed may be taken in any order

 
36.
Request from the Human Resources and Development Department to approve the Annual Salary for the position of Tulare County Regional Transit Agency Executive Director, in Bargaining Unit 10, as approved and adopted by the Tulare County Regional Transit Agency Board, with the same standard benefits provided to Bargaining Unit 10 employees, in the amount of $180,250, retroactive from August 25, 2024.

Resolution No. 2024-0848
Moved by Pete Vander Poel, seconded by Eddie Valero to Approved.
 
AYES: Larry Micari, Pete Vander Poel, Eddie Valero
ABSENT: Amy Shuklian, Dennis Townsend
Final Result: 3 – 0 Passed
Lupe Garza, HR&D Director – staff presentation
 
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 a request from the Resources Management Agency to adopt a Resolution of Application for the divestiture from the East Orosi Community Services District of the power to provide domestic water service and annexation of part of the territory of the East Orosi Community Services District into the Orosi Public Utility District.


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
Workers’ Compensation Claim No.: CT-18-010449


Resolution No. 2024-0849
ITEM C
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Name of Case: Workers’ Compensation Appeals Board No.: ADJ10523505


Resolution No. 2024-0850
ITEM D
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**
9:52 a.m.     Convened to Closed Session
10:20 a.m.    Adjourned to September 17, 2024