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

 

June 2, 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 the Health & Human Services Agency on COVID-19 status and response efforts in Tulare County.

3.             Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

4.            PUBLIC HEARING: Request from the Solid Waste Department to consider a Special Handling fee of $250 for each livestock carcass disposed at the Visalia Landfill to take effect June 2, 2020. Approve disposal of livestock carcasses pursuant to Emergency Waiver of Standards dated May 5, 2020. Approve one-time event Wednesday, June 24, 2020 for disposal of livestock carcasses. Authorize the Department to dispose livestock carcasses from approved list of dairies affected by the emergency declaration.

(Consent Calendar)

CONSENT CALENDAR (Numbers 5 through 30)

 

 

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.

 

 

 

 

Clerk of the Board

5.            Approve the new Conflict of Interest Code adopted by Monarch River Academy.

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

County Counsel/Risk Management

7.            Approve an agreement with Thomson Reuters for a subscription to Westlaw for print publications, for the County Counsel’s Office, in an amount not to exceed $65,000, effective July 1, 2020 through June 30, 2024.

General Services Agency

8.            Approve an adjustment to the Facilities budget for Fiscal Year 2019/20 in the amount of $769,900. Approve the necessary budget adjustment (4/5ths vote required).

9.            FOR INFORMATION ONLY: Bid Opening for Tulare County  Courthouse Electrical Project.

CONTRACTOR                               BID AMOUNT

Lee Construction                             $418,343.21

A-C Electrical Company                 $234,555.00

 

Engineer’s Estimate                      $130,000.00

 

Health & Human Services Agency

10.         Approve the Capital Asset purchase of an Ultra-Low Temperature Freezer needed to support essential laboratory procedures in an amount not to exceed $11,000. Approve the necessary budget adjustments (4/5th vote required).

11.         Authorize the Health & Human Services Agency to accept COVID-19 Emergency Homelessness Funding grant allocation in the amount of $304,808.84 from the Kings/Tulare Continuum of Care for the purposes of leasing hotel space for those impacted by COVID-19. Approve the Allocation Agreement with the Kings/Tulare Continuum of Care effective June 2, 2020 through June 30, 2020 for the provision of temporary, emergency housing to homeless residents impacted by COVID-19. Approve the necessary budget adjustment (4/5ths vote required).

12.         Ratify and approve the Program Participation Agreement with the California Department of Health Care Services for the School-Based Medi-Cal Administrative Activities reimbursement program under California’s Medi-Cal program, effective July 1, 2020 until termination by either party. Ratify and Approve the Data Use Agreement and Business Associate Addendum thereto with the California Department of Health Care Services, as required for participation in the School-Based Medi-Cal Administrative Activities reimbursement program under California’s Medi-Cal program, effective July 1, 2020 until termination of the Participation Agreement, or three years from the date the Data Use Agreement is executed, whichever event occurs later. Ratify the Chair of the Board’s signatures on the Program Participation Agreement, Data Use Agreement, and the Business Associate Addendum to the Data Use Agreement.

13.         Approve an agreement with Aspiranet in the amount not to exceed   $2,350,000 for the provision of Wraparound services as an alternative to placing children in high-level group home care, effective July 1, 2020 through June 30, 2021.

14.         Approve a Land Use Covenant and Agreement with the Department of Toxic Substances Control to allow for restricted use of county owned property, effective June 2, 2020. There is no cost associated with this agreement.

15.         Approve a Memorandum of Understanding with Proteus, Inc. to allow the use of a delivery service funded through Proteus, Inc. to assist the Tulare County Human Services Branch within the Tulare County Health and Human Services Agency, retroactive from April 16, 2020, through August 31, 2020. There is no cost associated with this Memorandum of Understanding.

16.         Approve an agreement with Tulare County Superintendent of Schools for the Emergency Child Care Bridge Program for Foster Children in the amount of $988,301 in State and Federal funds, effective July 1, 2020 through June 30, 2021.

17.         Approve a Memorandum of Understanding with the Superior Court of California, County of Tulare to provide monitoring and evaluation of clients in Mental Health Court in an amount not to exceed $25,285, retroactive from July 1, 2019 through June 30, 2020.

18.         Authorize the submission of a grant proposal for funding from Health Resources & Services Administration for Fiscal Year 2020/2021 in an amount not to exceed $199,474 to expand testing capacity for Coronavirus in the Tulare County Health Care Centers.

Information & Communications Technology

19.         Approve an amendment to Agreement No. 28110 with ISI Telemanagement Solutions, LLC, to extend the term of the Master Services Agreement for the monthly managed services and quarterly true-up billings in an amount not to exceed $197,992, effective September 1, 2020, through August 31, 2021.

Resource Management Agency

20.         Approve an agreement with Dokken Engineering to provide Professional Engineering Consulting Services for the M109 over White River Bridge Project, located near the community of Fountain Springs, in an amount  not to exceed  $452,626.92,  effective June 2, 2020 through December 31, 2026.

21.         Approve an agreement with Dokken Engineering to provide Environmental Consulting Services for the M109 over White River Bridge Project, located near the community of Fountain Springs, in an amount not to exceed  $367,424.59,  effective June 2, 2020 through December 31, 2026.

22.         Approve an agreement with the State of California, Department of Transportation, for cost reimbursement of transit operating expenses under the 5311 Program, in the amount of $360,325, retroactive from July 1, 2018 through July 31, 2020.

23.         Approve the submission of a Federal Aviation Administration Airport Grant application to fund airport operations at Sequoia Field Airport under the Coronavirus Aid, Relief, and Economic Security Act in the amount of $20,000.

24.         Approve a two-year Extension of Time EOT 20-007 for Tentative Tract Map No. TM 785 to August 26, 2022, for applicant Ray Di Carlo, for the division of 67.2 acres into 54 single-family residential lots in the PD-F-M Planned Development-Foothill Combining-Special Mobilehome Zone, located on the south side of Avenue 176 Frazier Valley Drive, approximately ½ mile west of Road 320, west of Springville, generally described as a portion of Section 17, Township 21 South, Range 29 East, Mount Diablo Base and Meridian, Springville.

25.         Authorize Zone Change Initiation No. PZC 20-005 (Hein/Visalia) to proceed as a Zone Change from Exclusive Agriculture - 20 acre minimum (AE-20) to General Commercial with a Mixed-Use Overlay Combining Zone (C-2-MU) on a 25,034.75-square foot parcel, Assessor’s Parcel Number (APN) 126-390-018, located at 27210 Road 108, on the northeast corner of the intersection of Avenue 272 and Road 108 (S. Demaree Street), approximately 1,727 feet south of the City of Visalia.

26.         FOR INFORMATION ONLY: Bid opening results for Avenue 80 Railroad Crossing Improvement Project.

Contractors                                                 Bid Estimate

Mac General Engineering                          $167,947.00

Dawson-Mauldin LLC                                 $204,401.50

American Paving Co.                                  $208,546.00

Romanazzi General Engineering             $217,185.45

Avison Construction Inc.                            $231,659.00

Bush Engineering                                        $234,760.00

 

Engineer’s Estimate                                  $261,704.00

 

Sheriff/Coroner

27.         Authorize the submission of a grant application for federal funding from the Bureau of Justice Assistance and administered by the California Board of State Community Corrections for Fiscal Year 2020/21 to assist with the Residential Substance Abuse Treatment for State Prisoners Program in the amount of up to $235,534. Certify the grant funds received shall not be used to supplant expenditures controlled by this body. Agree to provide the 25% matching funds, up to $78,512, required for the Residential Substance Abuse Treatment for State Prisoners Program and abide by the statutes and regulations governing the federal Grants Program as well as the terms and conditions of the Grant Agreement as set forth by the California Board of State Community Corrections.

28.         Approve an agreement between the Tulare County Sheriff’s Office and College of the Sequoias to provide emergency dispatch services to the College of the Sequoias in an amount not to exceed $6,904, effective July 1, 2020 to June 30, 2021.

29.         Approve the capital asset purchase of a canine to support the day-to-day operations of the Tulare County Sheriff’s Office Canine Unit, in an amount not to exceed $15,809. Approve the necessary budget adjustments (4/5ths vote required).

Workforce Investment Board

30.         Approve the Budget Adjustment of $107,186 as a result of funding received from the Employment Development Department (EDD) to provide services under the National Dislocated Worker Grant (NDWG) (4/5ths vote required).

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

31.         Request from the Board of Supervisors' staff to approve sending a response letter to the California Office of Emergency Services regarding the Board of Supervisors’ action on May 19, 2020 to amend staff’s letter of support of the local regional variance process. Authorize the Chair to sign the response letter.

32.         Request from the Solid Waste Department to approve and award a construction contract to the lowest responsive, responsible bidder, Sukut Construction LLC, in the amount of $8,132,806 for the Visalia Landfill Phase 4 Expansion Project. Approve Contingency Funds in the amount of $813,281 to cover the cost of unexpected construction conditions.

33.         Request from the Resource Management Agency to have the Board of Supervisors provide direction as to which of the two options staff should pursue with regard to membership in the Tulare County Economic Development Corporation (EDC). Option1: Choose to pay the public sector fixed membership level of $50,000 for population over 100,000 or Option 2: Choose not to continue membership in the EDC.

BOARD MEMBER REQUESTS

34.         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 – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

See today’s public agenda item pertaining to the public hearing to consider a Special Handling fee for livestock carcasses and approval of a one-time event for disposal of livestock carcasses.

ITEM B

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION

(Government Code Section 54956.9(d)(4))

Number of Potential Cases: 1

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

THREAT TO PUBLIC SERVICES OR FACILITIES:

(Government Code Section 54957)

Consultation with: Tulare County Sheriff Staff

ITEM E

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

(Government Code Section 54956.9(d)(1))

Name of Case: Duran, Santiago G. v. Anthony Lucky, et al. 

U.S. District Court Eastern District of California Case No: 1:20-CV-00643-NONE-SKO

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 Jennifer Hillan

ITEM G

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM H

CONFERENCE WITH LABOR NEGOTIATORS

(Government Code Section 54957.6)

Agency Designated Representatives: Tony Stevens, Jason T. Britt

Employee Organizations: All Certified Employee Organizations       

Unrepresented Employees: All Unrepresented Employees.