MEMBERS OF THE BOARD

 

KUYLER CROCKER

District One

 

PETE VANDER POEL – Chair

District Two

 

AMY SHUKLIAN – Vice Chair

District Three

 

EDDIE VALERO

District Four

 

DENNIS TOWNSEND

District Five

 

County Seal b&w

 

Board of Supervisors

 

Agenda

 

JASON T. BRITT

County Administrative Officer

 

DEANNE H. PETERSON

County Counsel


MELINDA BENTON

Chief Clerk

 

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA  93291

(559) 636-5000

FAX (559) 733-6898

 

April 7, 2020

 

9:00 A.M. Board Convenes

 

Board of Supervisors Chambers

2800 W. Burrel Avenue

Visalia, CA 93291

 

PLEDGE OF ALLEGIANCE

Moment of Silence

 

 

NOTICE TO THE PUBLIC

 

In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the Clerk of the Board of Supervisors as soon as possible during office hours at (559) 636-5000 or at clerkoftheboard@co.tulare.ca.us. Reasonable requests made at least 48 hours in advance of the meeting will help to ensure accessibility to this meeting.

PUBLIC COMMENT PERIOD: Members of the public may comment on any item not appearing on the agenda.  Under state law, matters presented under this item cannot be discussed or acted upon by the Board at this time.  For items appearing on the agenda, the public is invited to make comments at the time the item comes up for Board consideration.  Please complete and submit a comment card indicating your interest in that particular agenda item. Any person addressing the Board will be limited to a maximum of three (3) minutes so that all interested parties have an opportunity to speak, with a total of fifteen (15) minutes allotted for the Public Comment Period.  At all times, please use the microphone and state your name and address for the record.

 

Documents related to the items on this Agenda are available for public inspection in the Clerk of the Board of Supervisors Office, 2800 W. Burrel Avenue, Visalia, CA during normal business hours, 7:30 a.m – 5:30 p.m., Monday through Thursday and 8:00 a.m -12:00 p.m. on Friday.  Such documents are also available online, subject to staff's ability to post the documents before the meeting, at the following website: bosagendas.co.tulare.ca.us.


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1.               Board of Supervisors matters.

2.               Receive an update from Health & Human Services Agency on COVID-19 status and response efforts in Tulare County.

3.               Public Comments.

(Consent Calendar)

CONSENT CALENDAR (Numbers 4 through 15)

 

 

NOTICE TO THE PUBLIC

These items are routine and usually approved by one motion. Before action by the Board, the Chairman 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 morning.

 

Agricultural Commissioner/Sealer

4.               Waive the second reading and adopt an ordinance establishing regulation for the Cultivation and Processing of Industrial Hemp in the unincorporated areas of Tulare County, adding chapter 5-10 to Part VI of the Tulare County Code. Waive the second reading and adopt an ordinance amending sections 9.5, 9.55, 9.6, 9.7, 9.8, 13, 14, and 16 of the Zoning Ordinance Code of Tulare County, pertaining to the Cultivation and Processing of Industrial Hemp in the unincorporated areas of Tulare County. Repeal ordinance no. 3555, an interim zoning ordinance prohibiting in the unincorporated areas of the County all “Industrial Hemp” cultivation, effective 30 days from the adoption of the ordinances. Approve a non-project exemption (14 Cal. Code. Regs. § 15378), a general rule exemption (14 Cal. Code. Regs. § 15061(b)(3), and a Class 8 Categorical Exemption, (14 Cal. Code. Regs. § 15308) with respect to adoption of the ordinances, pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. Direct the Clerk to publish a summary or summaries of the ordinances and post a full copy of the ordinances after adoption, as required by law. Direct an Environmental Assessment Officer of the Tulare County Resource Management Agency, or their designee, to file a CEQA Notice of Exemption with respect to adoption of the ordinances with the Clerk-Recorder. Designate the Agricultural Commissioner, or their designee, as the official Tulare County contact for State Industrial Hemp licensing authorities.

County Administrative Office

5.               Approve an amendment to Agreement No. 29252 between Tulare County Health and Human Services Agency and OpenGov, Inc., to increase the agreement amount from $1,355,000 to an amount not to exceed $2,071,190 to include a Budget and Planning Solution software system, effective July 1, 2020 through June 30, 2024.

District Attorney

6.               Approve a capital asset purchase of two vehicles for Workers' Compensation Investigator use in an amount not to exceed $56,016. Approve the necessary budget adjustments (4/5ths vote required).

 

 

 

Health & Human Services Agency

7.               Approve an amendment to Agreement No. 29314 with Aspiranet for the provision of Wraparound services to include Exhibit B-3, Compensation for Fiscal Year 2019/2020 and Exhibit G, Contract Provider Disclosures retroactive from July 1, 2019 through June 30, 2020.

8.               Approve an amendment to Agreement No. 29323 with Courage to Change, a Short-Term Residential Treatment Program, to include Exhibit A-1, Tulare County Mental Health Plan Quality Management Standards, Exhibit B-1, Compensation and Exhibit B-3, Electronic Health Records Compensation in an amount not to exceed $700,000, retroactive from July 1, 2019 through June 30, 2020.

9.               Approve the CareLink Agreement with Valley Children’s Hospital to permit County employees access to Valley Children’s Hospital patient healthcare information on a limited basis for billing and healthcare purposes in the amount of zero dollars.

Information & Communications Technology

10.           Approve an agreement with Amazon Web Services through SHI International Corp for cloud data backup services, in an amount not to exceed $68,603, retroactive from January 1, 2020 through October 1, 2020.

Probation

11.           Approve an amendment to Agreement No. 28954 with California State University, Fresno, for the purpose of expanding the Internship Program to include students from all academic programs in the amount of zero dollars.

12.           Approve an amendment to Agreement No. 29411 with the PAAR Center to increase the value of the agreement by $100,000, for a total amount not to exceed $450,000, to provide offenders recently realigned under state legislature with residential treatment, training services, and outpatient services, retroactive from January 1, 2020 through June 30, 2020.

Resource Management Agency

13.           Approve the General Plan Initiation GPI 20-001 for a General Plan amendment to update The Springville Community Plan.

Sheriff/Coroner

14.           Approve a Memorandum of Understanding between the Tulare County Sheriff’s Office and the California Campaign Against Marijuana Planting Program to provide task force services effective July 1, 2020 through October 30, 2020.

Solid Waste

15.           Approve the plans and specifications for the construction of the Visalia Landfill, Phase 4 Cell Expansion Project Avenue 328 near Road 92, Visalia. Approve the advertisement of the Visalia Landfill, Phase 4 Cell Expansion Construction Project. Set the bid opening date for May 6, 2020 at 11:00 A.M. Reaffirm that the Notice of Determination for the project was previously approved per Resolution No. 2001-0759.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

16.           Request from the Clerk of the Board to amend Resolution No. 2020-0057 regarding evening meetings in 2020 by deleting the April 21, 2020 evening meeting and related 3:00 p.m. closed session. The regular meeting on April 21, 2020 will now be held in the Board Chambers at 2800 W. Burrel Ave., Visalia, at 9:00 a.m. as usual.

17.           Request from the County Administrative Office to receive the Mid-Year Budget Report for FY 2019/20. Approve the proposed schedule for preparation and adoption of the FY 2020/21 budget, which incorporates a rollover budget as the operating budget (including the Capital Projects budget) for the period between July 1, 2020, and adoption of the FY 2020/21 budget (4/5ths vote required). Adopt the personnel resolution to add, delete, and amend positions, and approve and amend the required job specifications, class designations, and salary adjustments proposed in the Mid-Year Budget Report subject to completion of meet and confer. Approve the capital asset purchase list. Authorize the Auditor-Controller/Treasurer-Tax Collector, with the concurrence of the County Administrative Officer, to process any budget adjustments proposed in the Mid-Year Budget Report (4/5ths vote required).

BOARD MEMBER REQUESTS

18.           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)

 

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 members of its staff, county employees and its attorneys. 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:  The Kaweah Coalition v. County of Tulare 

Tulare County Superior Court Case No. VCU282553

ITEM B

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant Exposure to Litigation (Government Code Section 54956.9(d)(2))

Number of Potential Cases: 1

This closed session item is in relation to the agenda item regarding the Industrial Hemp Ordinances

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 – ANTICIPATED LITIGATION

Significant Exposure to Litigation (Government Code Section 54956.9(d)(2))

Number of Potential Cases: 1

ITEM E

THREAT TO PUBLIC SERVICES OR FACILITIES: 

(Government Code Section 54957)

Consultation with: Tulare County Sheriff Staff

ITEM F

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant Exposure to Litigation (Government Code Section 54956.9(d)(2))

Number of Potential Cases: 1

Liability Claim of Eddie Espirito

ITEM G

CONFERENCE WITH LABOR NEGOTIATORS

(Government Code Section 54957.6)

Agency Designated Representatives: Rhonda Sjostrom, Jason T. Britt

Employee Organizations:  All Certified Employee Organizations      

Unrepresented Employees:  All Unrepresented Employees