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

December 17, 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 Cher Castellini upon her retirement from the General Services Agency for her many years of service with the County.

Supervisor Micari presented a plaque to Cher Castellini.
 
3.
Public Comments.

Public Comment: Javier Caltenco
 
9:30 A.M. - TIMED ITEMS

 
4.
PUBLIC HEARING: Request from the Resource Management Agency to certify the Focused Subsequent Environmental Impact Report (State Clearinghouse No. 2021020054), Findings of Fact, and Mitigation Monitoring and Reporting Program as the correct level of environmental review for the proposed Visalia Disposal (Landfill) Site and Biogas and Compost Facility – Landfilling Operations Project, located at 8614 Avenue 328, Visalia, CA 93291. Certify and adopt the Focused Subsequent Environmental Impact Report, Findings of Fact, and Mitigation Monitoring and Reporting Program as being in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines for the Implementation of the California Environmental Quality Act of 1970 pursuant to Sections 21158 and 21166 and Sections 15162 and 15178, respectively, for the proposed Visalia Disposal (Landfill) Site and Biogas and Compost Facility – Landfilling Operations Project. Direct the Environmental Assessment Officer, or designee, to sign and file the Notice of Determination with the Clerk-Recorder and the appropriate state agency.


Resolution No. 2024-1173
Opened Public Hearing: 9:33 a.m. – No Public Comment – Closed Public Hearing: 9:41 a.m.
Aaron Bock, Assistant RMA Director of Economic Development and Planning – Presented a PowerPoint presentation.
 

 
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
5.
PUBLIC HEARING: Request from the Solid Waste Department to approve the Franchise Hauler’s maximum collection and ancillary rates for Service Areas A, B, C, D, E, G, H, and J. Approve the recommended maximum collection and ancillary rates per attached Exhibit B, effective April 1, 2025 through June 30, 2025. Approve amendment to Franchise Agreements with Pena’s Disposal Service Inc., South Tulare Richgrove Refuse Inc., Tule Trash Company, LLC, Miramonte Sanitation Inc., USA Waste of California, and Mid-Valley Disposal LLC for Solid Waste Disposal Services, effective January 1, 2025 through June 30, 2039.

Resolution No. 2024-1174
Agreement No. 27185-C, 27186-C, 27187-C, 27188-C, 27189-C, 27190-C
Opened Public Hearing: 9:41 a.m. – Public Comment – Closed Public Hearing: 10:12 a.m.
Bryce Howard, Solid Waste Director – Presented a PowerPoint presentation.

Comment from: Joseph Kalpakoff
Public Comment: Name not provided

 
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
6.
PUBLIC HEARING: Request from the Solid Waste Department to approve the proposed Tipping Fee changes. Approve the Summary of Proposed Fees for the Tulare County Landfill System, effective July 1, 2025.

Resolution No. 2024-1175
Opened Public Hearing: 10:12 a.m. – No Public Comment – Closed Public Hearing: 10:28 a.m.
Bryce Howard, Solid Waste Director – Presented a PowerPoint presentation.


 

 
Moved by Amy Shuklian, seconded by Dennis Townsend to Approved.
 
AYES: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero, Dennis Townsend
Final Result: 5 – 0 Passed
CONSENT CALENDAR (Numbers 7 through 54)
 
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 54) with the exception of item #28 which was pulled for correction.
 
AYES: Larry Micari, Pete Vander Poel, Amy Shuklian, Eddie Valero, Dennis Townsend
Final Result: 5 – 0 Passed

Auditor-Controller/Treasurer-Tax Collector

7.
Approve the capital asset purchase of 10 Sheriff patrol vehicles authorized through the Vehicle Internal Borrowing Program that exceeded the temporary 25% cap established by County Administrative Regulation No. 4.

Resolution No. 2024-1176

Board of Supervisors

8.
Cancel the following meetings for the Board of Supervisors during 2025: 
 
January 21 February 25 April 22
May 27 June 17 July 29
September 2 November 11 November 25
December 2 December 23 December 30


Resolution No. 2024-1177
9.
Adopt the Order of Adjournment of the Board Supervisors meeting to the specified time as follows:
 
February 11, 2025
The Regular Meeting will convene at 2:00 p.m. due to the World Ag Expo.


Resolution No. 2024-1178
10.
Appoint Gonzalo Landaverde to the Member – County Bar Seat on the Tulare County Law Library Board for a term ending December 31, 2025.

Resolution No. 2024-1179
11.
Appoint Brandy Jackson Villarreal to the Youth Advisory Board Seat on the Tulare County Task Force on Homelessness for a term ending December 31, 2025.

Resolution No. 2024-1180
12.
Appoint Cynthia Ruiz to a Director Seat on the East Orosi Community Services District for a term ending December 4, 2026.

Resolution No. 2024-1181
13.
Appoint Carlos Tellez Sanchez to a Director Seat on the East Orosi Community Services District for a term ending December 1, 2028.

Resolution No. 2024-1182
14.
Reappoint Leonor Serna and Betty Blanks to the At – Large Member Seats on the Tulare County Library Advisory Board for terms ending December 31, 2028.

Resolution No. 2024-1183
15.
Reappoint Teresa Saucedo to the District 1 Seat and Linda Duran to the District 4 Seat on the Tulare County Library Advisory Board for terms ending December 31, 2028.

Resolution No. 2024-1184
16.
Reappoint Lali Witrago to a Partner Seat on the Tulare County Health Advisory Committee for a term ending January 1, 2028.

Resolution No. 2024-1185
17.
Reappoint Noe Garibay to the District 1 Seat and Carlos C. Ramos to the District 2 Seat on the Tulare County Veteran Advisory Committee for terms ending January 1, 2028.

Resolution No. 2024-1186

Clerk of the Board

18.
Approve the Local Appointments List of regulatory commissions and advisory boards, commissions and committees for vacancies occurring in 2025.


Resolution No. 2024-1187

County Counsel/Risk Management

19.
Adopt a Resolution Approving the Issuance of a Grant Anticipation Note by the County on Behalf of the Waukena Joint Union Elementary School District.

Resolution No. 2024-1188, 2024-1189

General Services Agency

20.
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. 2024-1190

Health & Human Services Agency

21.
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. 2024-1191
22.
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. 2024-1192
23.
Review and adopt the Tulare County Council on Child & Youth Development By-Laws.


Resolution No. 2024-1193
24.
Terminate Agreement No. 30370 with the California Department of Health Care Services for the delivery of Drug Medi-Cal Organized Delivery System services to County clients, effective December 31, 2024. 

Resolution No. 2024-1194
Agreement No. 30370
25.
Terminate Agreement No. 31051 with the California Department of Health Care Services for the delivery of Specialty Mental Health Services to County clients, effective December 31, 2024.

Resolution No. 2024-1195
Agreement No. 31051
26.
Approve an amendment to Agreement No. 31553 with Sequoia Community Center to increase the funding by $18,166 from $207,034 to $225,200 for the cost of renovating the community center as necessary, per the County of Tulare American Rescue Plan Act Final Recovery Plan, effective December 17, 2024 through December 31, 2026.


Resolution No. 2024-1196
Agreement No. 31553-B
27.
Approve an amendment to Agreement No. 29947 for the Sequoia Village, LP., as required by Housing and Community Development to update the final unit mix upon construction completion in an amount not to exceed $4,700,000, retroactive from November 10, 2020 through November 9, 2025.


Resolution No. 2024-1197
Agreement No. 29947-B
28.
Approve an amendment to Agreement No. 31511 with Self-Help Enterprises on behalf of the Teviston Betterment Association, to extend the contract end date from December 31, 2025 to December 31, 2026, and increase the funding by $118,166 in an amount not to exceed $255,117 as necessary for the cost of renovations to the community center in Teviston, effective December 17, 2024 through December 31, 2026.


Resolution No. 2024-1198
Agreement No. 31511-A
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
Due to clerical error the full agreement was not uploaded and published. Copy of agreement provided to Board of Supervisors and public at the meeting.
 
29.
Approve an amendment to Agreement No. 30950 with the Tulare County Superintendent of Schools to increase the funding amount by $102,486, from $722,800 to $825,286, for the Children of Promise Program, retroactive from July 1, 2024 through June 30, 2025.


Resolution No. 2024-1199
Agreement No. 30950-B
30.
Approve an agreement with the California Department of Public Health for the Maternal, Child, and Adolescent Health California Home Visiting Program in an amount not to exceed $1,659,687, retroactive from July 1, 2024 through June 30, 2025.


Resolution No. 2024-1200
Agreement No. 32022
31.
Approve an agreement with the University of Arizona Global Campus for a Master of Public Health internship practicum for field experience in Tulare County’s Health and Human Services Agency’s Public Health Branch, at no cost, effective December 17, 2024 through June 30, 2027.


Resolution No. 2024-1201
Agreement No. 32023
32.
Approve an agreement with Positive Attitude Outlook, Inc. to provide services on behalf of Tulare County Child Welfare Services to include the care and placement of foster children through cooperation, collaboration, and sharing of appropriate information, in the amount of zero dollars, retroactive from July 12, 2024 through June 30, 2025.


Resolution No. 2024-1202
Agreement No. 32024
33.
Approve the acceptance of the annual allocation for the California Children’s Services in an amount not to exceed $4,357,892, retroactive from July 1, 2024 through June 30, 2025.


Resolution No. 2024-1203
34.
Approve the acceptance of the annual allocation for the Health Care Program for Children in Foster Care program in an amount not to exceed $1,280,032, retroactive from July 1, 2024 through June 30, 2025.


Resolution No. 2024-1204

Human Resources & Development

35.
Approve the San Joaquin Valley Insurance Authority Participation agreement for the purpose of participating in the health insurance programs, which include medical, dental, vision, and prescription benefits, for the period of January 1, 2025 through December 31, 2025.

Resolution No. 2024-1205
Agreement No. 32025
36.
Approve a Personnel Resolution for a salary increase for the LAFCO Executive Officer, in Bargaining Unit 19, in an amount of $7,397 from a total salary of $148,229 to $155,640 as approved and adopted on October 9, 2024, by the LAFCO, retroactive from October 20, 2024. Approve the salary band change from Band 06 to Band 05 for this position, retroactive from October 20, 2024.

Resolution No. 2024-1206, 2024-1207, 2024-1208
37.
Authorize wage changes to cited job classifications for the statutory minimum wage requirement for healthcare workers pursuant to SB 525. Approve wage changes to job classifications impacted by compaction due to the statutory minimum wage requirement, subject to meet and confer. Amend the Personnel Class Specifications, Class Designations, and Proposed Compensation Changes, subject to meet and confer. Amend the Position Allocation List reflecting Amends and Reclassifications, subject to meet and confer. Approve the Personnel Resolution to amend, reclassify, and compensation changes, effective December 29, 2024.
       


Resolution No. 2024-1209, 2024-1210, 2024-1211

Probation

38.
Approve a Memorandum of Understanding with College of the Sequoias for an internship program, in an amount not to exceed zero dollars, retroactive from September 1, 2024 through June 30, 2029.

Resolution No. 2024-1212
Agreement No. 32026

Public Defender

39.
Approve an amendment to Agreement No. 30593 with the California Board of State and Community Corrections to accept year three grant funding to assist  with  providing indigent  defense  services   increasing   the   total   funding amount by $493,012 to $1,593,074.27, retroactive from March 1, 2022 through December 31, 2026. Approve the necessary budget adjustments (4/5ths vote required).

Resolution No. 2024-1213, 2024-1214
Agreement No. 30593-B

Registrar of Voters

40.
Approve the Certified Statement of Vote, as submitted by the Registrar of Voters, for the 2024 Presidential General Election.

Resolution No. 2024-1215

Resource Management Agency

41.
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. 2024-1216
42.
Find that the Terra Bella Avenue Farm 2 Market Project is exempt from review under the California Environmental Quality Act (CEQA) and the State CEQA guidelines as repair and maintenance of public street or highways pursuant to Class 1, 14 CCR 15301 (c), and is included in the County’s list of activities specifically exempt from CEQA review pursuant to 14 CCR 15300.4. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the Clerk-Recorder and the appropriate state agency.


Resolution No. 2024-1217
43.
Approve the Climate Action Plan 2023/2024 Annual Progress Report.

Resolution No. 2024-1218
44.
Approve the execution of amendments to the Land Conservation Contracts for Agricultural Preserve Enlargements and Reinstatements as listed on exhibit A. Approve the execution of new Land Conservation Contracts for Agricultural Preserve Establishments.

Resolution No. 2024-1219
Agreement No. 32027, 32028, 32029, 32030, 32031, 32032, 32033, 32034, 32035, 32036, 32037, 32038, 32039, 32040, 32041, 32042, 32043, 32044, 32045, 32046, 32047, 32048, 32049, 32050, 32051, 32052
45.
Approve an agreement with Cornerstone Structural Engineering Group to provide Professional Engineering Services for the Avenue 176 at Road 276 Box Culvert Replacement Project, near the community of Strathmore, in an amount not to exceed $224,600, effective December 17, 2024 through December 31 2029.


Resolution No. 2024-1220
Agreement No. 32053
46.
Approve an amendment to Agreement No. 29516 with the California Department of Transportation for the Avenue 336 Railroad Crossing Improvements Project, near the community of Ivanhoe, to extend the term of the agreement through December 31, 2025.

Resolution No. 2024-1221
Agreement No. 29516-C
47.
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 in an amount not to exceed the County of Tulare’s projected Fiscal Year 24/25 Local Measure R revenue.

Resolution No. 2024-1222
Agreement No. 32054
48.
Approve the Final Map of Subdivision Tract No. TSM 20-001, located at the northwest corner of State Route 137 and Road 132, east of the City of Tulare. Approve an agreement with Gamaliel Aguilar to complete all required improvements for Subdivision Tract No. TSM 20-001, for the period of one (1) year after board approval.


Resolution No. 2024-1223
Agreement No. 32055
49.
Initiate proceedings to form Assessment District No. 24-835-GOSHEN, to pay for storm drainage systems within Subdivision Tract No. 835, located at the northwest corner of Avenue 310 and Road 76, in the community of Goshen. Approve the Engineer’s Report, and the Proposed Boundary map. Declare the Board’s intention to levy and collect assessments. Set the date and time for a public hearing on February 4, 2025, at 9:30 a.m. or thereafter. Approve the form of the letter of notice and ballot and direct the County Engineer to mail the letter of notice and ballot to each record owner within Subdivision Tract No. 835. Direct the engineer to post and publish the Notice of Public Hearing in accordance with law.


Resolution No. 2024-1224
50.
Initiate proceedings to form Assessment District No. 24-835R-GOSHEN, to pay for public street maintenance, within Subdivision Tract No. 835, located at the southwest corner of Avenue 312 and Road 76, in the community of Goshen. Approve the Engineer’s Report and the proposed Boundary Map. Declare the Board’s intention to levy and collect assessments. Set the date and time for a public hearing on February 4, 2025 at 9:30 a.m. or thereafter. Approve the form of the letter notice and ballot and direct the County Engineer to mail the letter notice and ballot to each record owner within Subdivision Tract No. 835 that is benefited by Florence Avenue. Direct the County Engineer to post and publish the Notice of Public Hearing in accordance with law.

Resolution No. 2024-1225
51.
FOR INFORMATION ONLY: West Goshen Emergency Water Supply Consolidation Project.
 
CONTRACTOR
 
PROPOSED BID AMOUNT
 
CALCULATED BID AMOUNT
 
West Valley Construction Company, Inc. $2,443,185.00 $2,443,185.00
Bill Nelson General Engineering Construction Inc. $3,054,340.00 $3,059,497.00
     
Engineer’s Estimate $2,988,105.00  


52.
FOR INFORMATION ONLY: Bid Opening results for the Road 64 Improvement Project.
 
CONTRACTOR
 
PROPOSED BID AMOUNT
 
CALCULATED BID AMOUNT
 
Archer Civil Construction LLC $2,135,953.70 $2,135,953.70
Don Berry Construction, Inc. $2,499,351.05 $2,499,351.05
Yarbs Grading and Paving Inc. $2,582,560.85 $2,582,560.85
Agee Construction Corporation $2,618,005.00 $2,618,005.00
Granite Construction Company $2,768,411.66 $2,768,411.66
Cal Valley Construction, Inc. $2,983,656.10 $2,983,656.10
American Paving Company $3,289,437.40 $3,289,437.40
MAC General Engineering, Inc. $3,375,488.55 $3,375,488.55
Dave Christian Construction Company, Inc. $3,625,252.70 $55,099,235.70
     
Engineer’s Estimate $3,528,503.50  


Sheriff/Coroner

53.
Approve the capital asset purchase of two (2) new vehicles to support the day-to-day operations of the Tulare County Sheriff’s Office AG Unit, in an amount not to exceed $140,000 in Fiscal Year 2024/25. Authorize the necessary budget adjustments (4/5ths vote required).

Resolution No. 2024-1226
54.
Approve a Sublicense Agreement with the Tulare County Office of Education and Stone Corral Elementary for the use of ActVnet, retroactive from November 20, 2024 through June 30, 2029. Authorize the Sheriff, or designee, to sign the Sublicense Agreement with the Tulare County Office of Education and Stone Corral Elementary.

Resolution No. 2024-1227
Agreement No. 32056
ITEMS NOT TIMED
Items not specifically timed may be taken in any order

 
55.
Receive a presentation from the Resource Management Agency introducing the 2025 Staff Calendar.

Mike Washam, Associate RMA Director – Presented a PowerPoint presentation.

Public Comment: None

 
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 to certify the Focused Subsequent Environmental Impact Report, Findings of Fact, and Mitigation Monitoring and Reporting Program for the proposed Visalia Disposal and Biogas and Compost Facility.


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 regarding a Public Hearing to approve amended Franchise Agreements and to set maximum collection and ancillary rates for Service Areas A, B, C, D, E, G, H, and J.


OFF AGENDA
 
ITEM C
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 regarding a Public Hearing to approve a request from the Solid Waste Department to approve the proposed Tipping Fee changes, effective July 1, 2025.


OFF AGENDA
 
ITEM D
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Name of Case: Workers’ Compensation Appeals Board No.: ADJ10259706


Resolution No. 2024-1228
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.








**NO ANNOUNCEMENTS FROM CLOSED SESSION** 
10:42 a.m.       Recessed to Closed Session
10:55 a.m.       Adjourned to January 7, 2025