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 TERRA BELLA SEWER MAINTENANCE DISTRICT

August 4, 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.             Recognize Dave Bryant upon his retirement from the Resource Management Agency for his many years of County Service.

3.             Present a Proclamation recognizing August 2020 as Child Support Awareness Month in Tulare County.

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

5.             Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

6.            PUBLIC HEARING: Request from the Resource Management Agency to consider placement of delinquent water and sewer service fees, delinquent penalties, and Auditor's collection charges for County Service Areas No. 1 and No. 2 on the 2020/2021 tax roll. Direct the Tax Collector to place delinquent sewer and water service fees, delinquent penalties, and the Auditor's collection charges of County Service Areas No. 1 and No. 2 customers on the 2020/2021 tax roll if still delinquent after August 4, 2020.

7.            PUBLIC HEARING: Request from the Resource Management Agency  to consider placement of delinquent water service fees, delinquent penalties, and Auditor's collection charges for the Seville Water Company, on the 2020/2021 tax roll. Direct the Tax Collector to place delinquent water service fees, delinquent penalties, and the Auditor's collection charges of the Seville Water Company customers on the 2020/2021 tax roll if still delinquent after August 4, 2020. 

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND CONVENE AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT

8.            PUBLIC HEARING: Request from the Resource Management Agency to consider placement of delinquent sewer service fees, delinquent penalties, and Auditor's collection charges for the Terra Bella Sewer Maintenance District, on the 2020/2021 tax roll. Direct the Tax Collector to place delinquent sewer service fees, delinquent penalties, and the Auditor's collection charges of the Terra Bella Sewer Maintenance District customers on the 2020/2021 tax roll if still delinquent after August 4, 2020.

ADJOURN AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT AND RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

9.            PUBLIC HEARING: Request from the Resource Management Agency to continue the public hearing from July 21, 2020 to adopt the Planning Commission’s findings and recommendation to approve Development Agreement No. DEV 20-001, to quitclaim three unimproved pieces of real property, measuring 5,632 square feet, 248.6 square feet, and 15,288.6 square feet, identified and specifically defined as Areas 1, 2 and 3 of the Development Agreement, to Omni Development Group and vest the rights to develop the site per their plans. In exchange, Omni Development Group shall construct and make contributions toward the cost of public improvements in order to mitigate the impacts of development of the Project Site, as such development occurs, and Tentative Parcel Map No. PPM 20-010 to divide 15.13-acres into eight (8) parcels in the C-2-MU (General Commercial with a Mixed-Use Overlay Combining Zone) located in Goshen as set forth in Planning Commission Resolutions No. 9742 and 9743. Accept the Statutory Exemption for Development Agreement No. DEV 20-001, consistent with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, pursuant to Title 14, Cal. Code Regulations Section 15268(b)(1) Ministerial Issuance of Building Permits and Section 15300.4 for infrastructure improvements and accept the Common Sense Exemption for Tentative Parcel Map No. PPM 20-010, consistent with CEQA and the State CEQA Guidelines pursuant to Title 14, Cal. Code Regulations, Section 15061(b)(3), since the proposed land division will not make any physical changes to the environment. Authorize execution of the Development Agreement and the Infrastructure Reimbursement Agreement.

(Consent Calendar)

CONSENT CALENDAR (Numbers 10 through 32)

 

 

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

10.         Approve an agreement with the California Department of Food and Agriculture, to provide State funding of $222,441.80 to offset costs of providing Navel and Valencia Orange Inspection services for the state Maturity/Freeze program, retroactive from July 1, 2020 through June 30, 2021.

11.         Approve an agreement with the California Department of Food and Agriculture in the amount of $1,160,000 to provide area wide Glassy-winged Sharpshooter control, retroactive from July 1, 2020 through June 30, 2022. 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 and Section 15308 Actions by Regulatory Agencies for Protection of Environment. Find there is no substantial evidence that the activity will have a significant effect on the environment and determine a Categorical Exemption is consistent with the CEQA Title 14 CCR, Section 15061(b)(3) Common Sense Exemption and Section 15308 Actions by Regulatory Agencies for Protection of the Environment, that was prepared for area-wide Glassy-winged Sharpshooter control reflects the independent judgement of the County and has been completed in compliance with the CEQA of 19970, as amended. Direct and authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the Clerk-Recorder. 

12.         Approve an agreement with the California Department of Food and Agriculture in the amount of $800,000.00, for the multiyear detection and suppression of the Glassy-winged Sharpshooter (GWSS) program, retroactive from July 1, 2020 through June 30, 2022. 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 and Section 15308 Actions by Regulatory Agencies for Protection. Find there is no substantial evidence that the activity will have a significant effect on the environment and determine the Categorical Exemption is consistent with CEQA Title 14 CCR, Section 15061(b)(3) Common Sense Exemption and Section 15308 Actions by Regulatory Agencies for Protection of the Environment, that was prepared for Glassy-winged Sharpshooter response/control program reflects the independent judgement of the County and has been completed in compliance with the CEQA of 1970, as amended. Direct and authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the Clerk-Recorder. 

Auditor-Controller/Treasurer-Tax Collector

13.         Approve an agreement between the County of Tulare and the Yettem-Seville Community Services District for bookkeeping and accounting services to be provided by the Auditor-Controller.

Board of Supervisors

14.         Appoint Belen Gomez to the Trustee Seat on the Woodlake Public Cemetery District for a term ending January 3, 2022.

 

 

 

Health & Human Services Agency

15.         Approve an agreement with Ralph Agnello, Attorney at Law, 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.

16.         Approve an agreement with Addiction Research and Treatment Inc., dba BAART for the provision of opioid treatment program services in an amount not to exceed $4,751,000, retroactive from July 1, 2020 through June 30, 2021.

17.         Approve an agreement with Kings View Corporation for the South County One-Stop Center program for mental health services in an amount not to exceed $700,000, retroactive from July 1, 2020 through June 30, 2021.

Resource Management Agency

18.         Approve an agreement with the Wheeler Ridge-Maricopa Water Storage District for the transfer and conveyance of 1,062 acre feet of water for an amount not to exceed $371,700, retroactive from July 8, 2020 through February 28, 2021. Authorize the Resource Management Agency and Dennis R. Keller to take necessary actions to comply with the provisions of the agreement.

19.         Approve the designation of a "No Parking" restriction on Road 72 just south of Riggin Avenue (A312) in the community of Goshen. Authorize the installation of "No Parking" signs, and establish a "No Parking" zone in Goshen, on the east side of Road 72 south of Riggin Avenue, by painting red approximately 140 feet of curb south and 100 feet north of the Goshen Village II Apartment complex entrance. 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. Find there is no substantial evidence that proposed activity will have a significant effect on the environment and determine the Categorical Exemption is consistent with the CEQA Title 14 CCR, Section 15061(b)(3) Common Sense Exemption, that was prepared for the project reflects the independent judgment of the County and completed in compliance with the CEQA of 1970. Direct the Environmental Assessment Officer of the Tulare County Resource Management Agency, or designee, to file a Notice of Exemption with the Clerk-Recorder.

20.         Approve the designation of a "No Parking" restriction on Road 168 just south of Avenue 168 in the community of Woodville. Authorize the installation of "No Parking" signs, and establish a "No Parking" zone  in Woodville, on the east side of Road 168 south of Avenue 168, by painting red approximately 17 feet of curb north and south of the driveway opposite Oak Avenue (LA167). 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. Find there is no substantial evidence that proposed activity will have a significant effect on the environment and determine the Categorical Exemption is consistent with the CEQA Title 14 CCR, Section 15061(b)(3) Common Sense Exemption, that was prepared for the project reflects the independent judgment of the County and completed in compliance with the CEQA of 1970. Direct the Environmental Assessment Officer of the Tulare County Resource Management Agency, or designee, to file a Notice of Exemption with the Clerk-Recorder.

21.         Accept the work for the construction of the Road 192 and Road 204 Rehabilitation Project, near the communities of Poplar and Tooleville, as complete by Agee Construction Corporation of Clovis, California. Direct the Clerk of the Board to have the Notice of Completion recorded with the Clerk-Recorder.

22.         Accept the work for the construction of the Seville & Yettem Water System Improvement Project Phase 1 as complete by Brough Construction, Inc. of Arroyo Grande, California. Direct the Clerk of the Board to have the Notice of Completion recorded with the Clerk-Recorder.

23.         Authorize the Resource Management Agency Director, or designee, to apply for Senate Bill (SB) 1 State of Good Repair transit funds in the amount of $227,927 for Fiscal Year 2020/21 for match funding towards replacement and purchase of new transit vehicles.

24.         Approve Invoice payment to Willitts Equipment Co., Inc. (dba Willitts Pump) for the purchase and installation of a Fire Pump Motor and Coupler at the Central Road Yard in the amount of $14,791.71, retroactive from April 1, 2020, through June 30, 2020.

25.         Authorize the submission of three Low Carbon Transit Operations Program (LCTOP) allocation requests in the amount of $305,313 total to the State of California for a Smart Card Fare System for Tulare County Area Transit (TCaT), a Fare Subsidy Campaign for TCaT, and Solar-Powered Bus Stop Signage. Approve the resolution authorizing the execution of the Certifications and Assurances and Authorized Agent Forms for LCTOP for a Smart Card Fare System for Tulare County Area Transit (TCaT), a Fare Subsidy Campaign for TCaT, and Solar-Powered Bus Stop Signage.

26.         FOR INFORMATION ONLY: Bid opening results for Farm 2 Market Routes 2.0 Project 1.

CONTRACTOR                               BID AMOUNT

Don Berry Construction Inc           $6,035,126.66

A. Teichert & Son, Inc                     $6,200,500.00

Yarbs Grading and Paving Inc      $6,312,706.10

Avison Construction Inc                 $6,389,980.00

Agee Construction Corporation    $6,455,848.00

CAL Valley Construction                $6,499,880.50

Granite Construction Company    $6,556,104.64

Papich Construction Co. Inc.        $6,962,132.76

 

Engineer’s Estimate                      $7,570,456.00

 

27.         FOR INFORMATION ONLY: Bid Opening results for Earlimart Sidewalk Improvements Project.

CONTRACTOR                               BID AMOUNT

Seal Rite Paving                              $931,749.00

JT2 Construction                             $1,007,500.00

Avison Construction                        $1,022,015.00

American Paving Co                       $1,124,371.00

DOD Construction LTD                   $1,139,592.50

Bush Engineering Inc                     $1,379,063.00

 

Engineer’s Estimate                      $1,541,210.00

 

28.         FOR INFORMATION ONLY: Bid Opening results for Harvest Avenue Improvements Project.

CONTRACTOR                               BID AMOUNT

R.J. Berry Jr., Inc                             $751,127.00

JT2 Inc DBA Todd Companies      $756,719.00

MAC General Engineering             $838,270.00

Emmets Excavation                        $842,129.00

American Paving Co.                      $855,632.00

Avison Construction Inc.                $878,133.00

Bush Engineering                            $885,527.00

Dawson Mauldin LLC                     $1,008,070.00

DOD Construction                           $1,089,158.00

 

Engineer’s Estimate                      $1,285,305.00

 

Sheriff/Coroner

29.         Approve an agreement with Champions Recovery Alternative Programs Inc., for providing counseling services in an amount not to exceed $211,063, retroactive from July 1, 2020 through June 30, 2021.

30.         Approve an agreement between the Tulare County Sheriff's Office and City of Woodlake to provide Sheriff's Work Alternative Program services to the City of Woodlake, effective August 4, 2020 through June 30, 2025.

Solid Waste

31.         Authorize an increase of Balance Sheet Account 045-1330 Imprest Cash to $10,000 to better service Cash clients of the Tulare County Landfill System.

Workforce Investment Board

32.         Approve a subgrant agreement in the amount of $4,571,373 with the State of California Employment Development Department (EDD) for Workforce Innovation and Opportunity Act (WIOA) Youth programs, retroactive from April 1, 2020 through June, 30, 2022.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

33.         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 request from RMA to approve placement of delinquent sewer and water service fees on the 2020/2021 tax roll for County Service Areas No. 1 and No. 2.

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 request from RMA to approve placement of delinquent water service fees on the 2020/2021 tax roll for the Seville Water Company.

ITEM C

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 request from RMA to approve placement of delinquent sewer service fees on the 2020/2021 tax roll for the Terra Bella Sewer Maintenance District.

ITEM D

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 Development Agreement No. DEV 20-001, Tentative Parcel Map No. PPM 20-010 Omni Development Group/Goshen

ITEM E

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Wonderful Citrus II LLC et al v. County of Tulare and Tulare County Resource Management Agency, Tulare Superior Court Case # VCU283508

ITEM F

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM G

THREAT TO PUBLIC SERVICES OR FACILITIES: 

(Government Code Section 54957)

Consultation with: Tulare County Sheriff Staff

ITEM H

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  State of California ex rel. OnTheGo Wireless, LLC v. Cellco Partnership d/b/a/ Verizon Wireless, et al., Case No. Case No.: 34-2012-00127517 (Sacramento Superior Court)

ITEM I

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

ITEM J

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.