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

 

July 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 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 Resource Management Agency to consider the establishment of new application fees for Agricultural Preserves, Farmland Security Zones and Williamson Act contracts.  Approve the new application fees of: $1,000 for Agricultural Preserve/Farmland Security Zone Formation or Enlargement and $500 for Agricultural Preserve/Farmland Security Zone Contract or Reinstatement to take effect September 7, 2020.  Rescind Resolution No. 2009-0716 and lift the moratorium on accepting and processing new agricultural preserves and Williamson Act contracts. For the year 2020, extend the deadline to submit an application until the thirtieth day of September and defer the application fee until scheduling the Board hearing date. Approve a Categorical Exemption consistent with the California Environmental Quality Act (CEQA) Title 14 California Code of Regulations (CCR), Section 15061(b)(3) Common Sense Exemption.

(Consent Calendar)

CONSENT CALENDAR (Numbers 5 through 17)

 

 

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

5.               Approve $3,175 for projects upon adoption of the Fish and Wildlife Propagation Program (Fund 011) budget for Fiscal Year 2020/2021. Adopt the Categorical Exemption prepared pursuant to the provisions of the California Environmental Quality Act (CEQA) for projects recommended by the County Fish and Wildlife Commission. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the Clerk-Recorder.

6.               Approve an agreement with the California Department of Food and Agriculture for the Fuels, Lubricants and Automotive Products Program in the amount of up to $12,075, retroactive from July 1, 2020 through June 30, 2021. 

7.               Approve an agreement with the California Crop Improvement Association (CCIA) in the amount up to $774.00 to offset costs of providing seed certification inspections, retroactive from July 1, 2020 through June 30, 2021.

Auditor-Controller/Treasurer-Tax Collector

8.               Authorize the Treasurer-Tax Collector to transfer unclaimed funds within the Probation, Public Defender, Sheriff, and Tax Collector special fund accounts.

Board of Supervisors

9.               Cancel all non-county seat meetings for the rest of 2020. Adopt the Order of Adjournment of the Board of Supervisors meetings to specified times as follows:

July 14, 2020 

The Regular Meeting will convene for purposes of Closed Session at 4:00 p.m. and then reconvene for purposes of Open Session at 6:30 p.m. in the County of Tulare Board Chambers located at the Administration Building, 2800 W. Burrel Avenue, Visalia.

 

August 18, 2020 

The Regular Meeting will convene at 9:00 a.m. in the County of Tulare Board Chambers located at the Administration Building, 2800 W. Burrel Avenue, Visalia.

 

October 13, 2020 

The Regular Meeting will convene for purposes of Closed Session at 4:00 p.m. and then reconvene for purposes of Open Session at 6:30 p.m. in the County of Tulare Board Chambers located at the Administration Building, 2800 W. Burrel Avenue, Visalia.

 

10.           Reappoint Kerry Hydash, Business Seat; Harroll Wiley, Business Seat; Joe Hallmeyer, Business Seat; Lowell Richardson, Business Seat; Gil Aguilar, Business Seat; Ronny Jungk, Labor Seat; Robert Kleyn, Title I of the Rehabilitation Act Seat; Sofia Morales, Wagner-Peyser Seat; on the Workforce Investment Board of Tulare County for terms ending June 30, 2024.

11.           Reappoint Randy Baerg, Business Seat; Colby Wells, Business Seat; Patricia Stever Blattler, Business Seat; David Pena, Labor Seat; Teneya Johnson, Labor Seat; Yolanda Valdez, Title II Adult Education and Literacy; Brent Calvin, Higher Education; on the Workforce Investment Board of Tulare County for terms ending June 30, 2022.

County Administrative Office

12.           Approve an agreement with Self Help Enterprises in an amount not to exceed $11,728.40 to reimburse the purchase of property for the East Orosi Community Services District new well site.

 

 

 

Health & Human Services Agency

13.           Approve the Tulare County Child Abuse Prevention Council’s request for their annual funding in the amount not to exceed $70,000 from the County’s Children’s Trust Fund for Fiscal Year 2020-2021.

14.           Approve an agreement with Essential Access Health to accept funding in the amount of $160,000 to provide Title X family planning services through the Essential Access program, retroactive from April 1, 2020 through March 31, 2021.

15.           Approve an agreement with Richard Sigmund to provide Hearing Officer Services for Certification and Riese Hearings in an amount not to exceed $250,000, retroactive from July 1, 2020 through June 30, 2021.

Probation

16.           Approve an adjustment to the Fiscal Year 2020/21 Capital Projects Rollover Budget to increase the appropriation by $2,501,751 from $1,800,000 to $4,301,751 for Furniture, Fixtures and Equipment at the Probation Department’s new office building. Approve the necessary budget adjustment (4/5ths vote required).

Sheriff/Coroner

17.           Approve a Memorandum of Understanding between the Tulare County Sheriff's Office and Fresno County Sheriff's Office for the County to receive Central Valley High Intensity Drug Trafficking Area reimbursement funds in an amount not to exceed $827,628, retroactive from January 1, 2020 through December 31, 2021. Authorize the Sheriff, or designee, to sign the Memorandum of Understanding.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

18.           Request from the Resource Management Agency to authorize the submission of a grant application for funding from the 2021 Active Transportation Program, for the Countywide Safety Enhancement Quick-Build Project, with an estimated total project cost of $850,000. Authorize the Resource Management Agency Director, or designee, to sign the Nomination Letter (Cover Letter for the Quick-Build Project Application). Authorize and direct the Resource Management Agency Director to act on the County’s behalf in all matters pertaining to the application. Authorize and direct the Resource Management Agency Director, or designee, to submit Funds Requests and other program-supporting documentation. 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, respectively, for the Countywide Safety Enhancement Quick-Build Project. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the Clerk-Recorder.

19.           Request from the County Administrative Office to authorize the County Administrative Officer to sign and submit a certification for receipt of funds from the California Department of Finance to receive Coronavirus Aid, Relief, and Economic Security Act Funding. Authorize the County Administrative Officer to sign and submit a certification for receipt of funds from the California Department of Finance to receive realignment backfill funding revenues.

BOARD MEMBER REQUESTS

20.           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 agenda item regarding the Resource Management Agency’s request to lift the County’s moratorium on entering into new Williamson Act contracts and adopt new fees accordingly.

ITEM B

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 July 1, 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 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:  Roger Taylor v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ11496429

ITEM F

ONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Mark Wallace v. County of Tulare

Workers’ Compensation Appeals Board Nos.: ADJ11528496, ADJ11529207

ITEM G

CONFERENCE WITH LABOR NEGOTIATORS

(Government Code Section 54957.6)

Agency Designated Representatives: Jason T. Britt

Employee Organizations: All Certified Employee Organizations       

Unrepresented Employees: All Unrepresented Employees.