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

 

SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS, AND

THE PUBLIC FACILITIES CORPORATION

June 9, 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.


(

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.

(Consent Calendar)

CONSENT CALENDAR (Numbers 4 through 14)

 

 

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.

 

 

 

 

Board of Supervisors

4.            Approve a resolution in support of delaying Vehicle Miles Traveled requirements, thereby increasing economic recovery from the effects of COVID-19.

 

 

 

Health & Human Services Agency

5.            Approve an agreement with Family Services of Tulare County in an amount not to exceed $230,931 for the provision of supervised visitation services to families whose children have been placed in out-of-home care, effective July 1, 2020 through June 30, 2021.

6.            Approve an agreement with Santa Cruz County acting as the host entity of the Local Government Agency Consortium over County-Based Medi-Cal Administrative Activities to update the fee structure retroactive from July 1, 2019 through June 30, 2022.

7.            Approve an agreement with Plumlee's Board & Care for the provision of augmented residential services, in an amount not to exceed $680,500 ($133,000 allocated for Fiscal Year 2019-2020 and $547,500 for Fiscal Year 2020-2021), retroactive from May 1, 2020 through June 30, 2021.

8.            Approve an amendment to Agreement No. 29171 with Turning Point of Central California, Inc. to extend the term of the agreement through June 30, 2021, for providing mental health services to children of TulareWorks and to increase the maximum amount of the agreement from $450,000 to $500,000 for Fiscal Year 2019/2020 and $500,000 for Fiscal Year 2020/2021, for a total contract amount not to exceed $1,000,000.

Resource Management Agency

9.            Approve the Plans, Special Provisions, Proposal and Contract (“Bid Documents”) for the construction of the Harvest Avenue Improvements Project, in the community of Goshen. Approve the advertisement of bids for the Harvest Avenue Improvements Project. Adopt the Categorical Exemption prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines General Rule Exemption per Section 15300.4 Application by Public Agencies and Section 15301 Existing Facilities (c), respectively, for the Harvest Avenue Improvements Project. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the Clerk-Recorder.

10.         Accept the Irrevocable Offer to Dedicate Real Property along Avenue 232 near the City of Tulare per Board of Supervisors' Resolution No. 90-0296, recorded in the Office of the Tulare County Clerk-Recorder. Direct the Clerk of the Board to cause a certified copy of the resolution accepting the Irrevocable Offer to dedicate real property to be recorded with the Clerk-Recorder.

11.         Approve a Joint Use Agreement with Southern California Edison for relocation work to provide additional vertical clearance below Pole No. 289086E for the Avenue 280 Widening Project-Segment 1, from State Route 99 to Road 100 in Visalia, effective upon approval by the Board of Supervisors.

12.         Approve a Utility Agreement No. 3.01 with Southern California Edison,  for relocation work to provide additional vertical clearance below Pole No. 289086E for the Avenue 280 Widening Project- Segment 1, from State Route 99 to Road 100 in Visalia, in an amount not to exceed $81,000, effective upon approval by the Board of Supervisors.

13.         Adopt the Categorical Exemption prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines per Section 15302 Replacement or Reconstruction and Section 15300.4, Application by Public Agencies, for the Road 64 Improvement Project, near the community of Goshen. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the Clerk-Recorder.

Sheriff/Coroner

14.         Authorize the submission of a grant application by June 16, 2020 for funding from the U.S. Department of Justice, Office of Justice Programs, Fiscal Year 2020 Prosecuting Cold Cases Using DNA grant program, up to the maximum award amount of $470,000. The period of the grant will be from October 1, 2020 through September 30, 2023.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

15.         Request from the Health and Human Services Agency to approve an allocation from the California Department of Public Health for the California Home Visiting State General Fund Expansion for Grant Allocation number 19-54 in an amount not to exceed $2,591,664, retroactive from March 1, 2020 through June 30, 2023. Ratify the Chair's signature on the Agency Information Form. Approve the necessary budget adjustments for the California Home Visiting Program (CHVP) (4/5ths vote required). Approve a Personnel Resolution adding one (1) Lead Public Health Nurse, and two (2) Health Education Specialists to the Health and Human Services Agency effective June 9, 2020.

16.         Request from the Resource Management Agency to approve a Memorandum of Understanding (“MOU”) with the Yettem-Seville Community Services District (“YSCSD”) for the completion of the Yettem & Seville Water System Improvement Project and the transfer of the Yettem Water System and the Seville Water System from the County to YSCSD. Approve a Grant Deed for the transfer of the Seville Well Site (APN 050-163-004) to YSCSD (4/5ths vote required). Approve a Grant Deed for the transfer of the Seville Tank Site (APNs 050-053-006, 007 & 008) to YSCSD (4/5ths vote required). Approve a Grant Deed for the transfer of the Yettem Well #1 Site (APN 050-230-013) to YSCSD (4/5ths vote required). Approve a Grant Deed for the transfer of the Yettem Well #2 Site (APN 050-200-028) to YSCSD (4/5ths vote required). Approve an Assignment of Easement Rights to YSCSD for rights under thirty-four County easements for water utility facilities (4/5ths vote required). Assign to YSCSD all of the County's interest in Agreement No. 29331 for the Seville Water System's crossings of an Alta Irrigation District ditch. Assign to YSCSD all rights, obligations, and responsibilities under Agreement No. 17311 for the Yettem Water System’s crossing of Alta Irrigation District facilities. Authorize the Resource Management Agency Director (RMA), or designee, to take steps as necessary to effectuate the terms of the MOU and the transfer of the Yettem Water System and Seville Water System to YSCSD. Authorize the RMA Director, or designee, to apply to the State Water Board to recover extraordinary costs related to the County serving as Receiver of the Seville Water Company at the time the system is transferred. Waive reimbursement of any outstanding Revolving Fund Loans to the Yettem Water upon transfer of the Yettem Water System to the CSD (4/5ths vote required). Approve the necessary budget adjustments (4/5ths vote required).

17.         Request from the Resource Management Agency to approve the Fiscal Year 2020/2021 operating budget for the Seville Water Company (4/5ths vote required). Approve the necessary budget adjustments (4/5ths vote required).

18.         Request from the Resource Management Agency to approve a revolving fund loan of up to $35,000 to the Z91 Yettem Water System in County Service Area #1 for the prepayment of obligations under Certificates of Participation (the “COP”) with the United States Department of Agriculture related to the 1994 Yettem Water Project. Approve the repayment of the COP for the Z91 Yettem Water System in accordance with the payoff demand letter from United States Department of Agriculture (USDA). Approve a Termination Agreement between the County of Tulare, the Tulare County Public Facilities Corporation, and the County of Tulare Treasurer-Tax Collector as Trust Administrator related to the 1994 Yettem Water Project and the COP upon payment in full of any and all outstanding balance by the County on the 1994 Certificates of Participation with the USDA. Authorize the Chair to sign the Termination Agreement upon payment in full of any and all outstanding balance by the County on the 1994 Certificates of Participation with the USDA. Authorize the Treasurer-Tax Collector as Trust Administrator to sign the Termination Agreement upon payment in full of any and all outstanding balance by the County on the 1994 Certificates of Participation with the USDA. Authorize the Treasurer-Tax Collector as Trust Administrator to take all other reasonable steps as necessary to effect payment to the USDA of outstanding balances and terminate the related trust for the 1994 Yettem Water System Certificates of Participation. Authorize the Resource Management Agency Director, or designee, to take all other reasonable steps as necessary to effect payment to the USDA of outstanding balances and remove any leasehold interests and other encumbrances on the Yettem Water System related to the 1994 Yettem Water System Certificates of Participation.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND CONVENE AS THE PUBLIC FACILITIES CORPORATION

19.         Request from the Resource Management Agency to approve a Termination Agreement by and between the County of Tulare, the Tulare County Public Facilities Corporation, and the County of Tulare Treasurer-Tax Collector as Trust Administrator related to agreements providing for the financing of the 1994 Yettem Water Project upon payment in full of any and all outstanding balance by the County on the 1994 Certificates of Participation with the United States Department of Agriculture. Authorize the Chair to sign the Termination Agreement upon payment in full of any and all outstanding balance by the County on the 1994 Certificates of Participation with the United States Department of Agriculture.

ADJOURN AS THE PUBLIC FACILITIES CORPORATION AND RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

20.         Request from the County Administrative Office to provide direction to staff regarding participation in the Cutler Orosi Surface Water Treatment Plant Project for water supply for communities and residents in the north County.

BOARD MEMBER REQUESTS

21.         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 Items [16 -18] on today’s agenda regarding the Yettem and Seville water systems/projects/financing.

ITEM B

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 participation in the Cutler Orosi Surface Water Treatment Plant Project for water supply for communities and residents in the north County.

ITEM C

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Threat of litigation against the County expressed in letter dated May 20, 2020 from Latham & Watkins LLP on behalf of the Wonderful Company concerning the Aro Pistachio Inc. processing facility at 19570 Avenue 88, Terra Bella, CA.

ITEM D

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION

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

Number of Potential Cases: 1

ITEM E

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM F

THREAT TO PUBLIC SERVICES OR FACILITIES: 

(Government Code Section 54957)

Consultation with: Tulare County Sheriff Staff

ITEM G

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Tori K. Phipps v. County of Tulare

Workers’ Compensation Appeals Board No: ADJ10892355

ITEM H

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Harold Hoehn v. County of Tulare

Workers’ Compensation Appeals Board Nos.: ADJ4373140, ADJ2012984

ITEM I

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.

Sitting as the Board of the Tulare County Public Facilities Corporation

ITEM J

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 regarding the Request from the Resource Management Agency to approve a Termination Agreement by and between the County of Tulare, the Tulare County Public Facilities Corporation, and the County of Tulare Treasurer-Tax Collector as Trust Administrator