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

 

August 11, 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 Supervisor 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 adopt the Planning Commission's recommendations and findings of approval and approve Tentative Subdivision Map No. TSM 20-002 to subdivide 10.04 acres into eight (8) parcels that range in size from 49,155 to 52,776 square feet, located in the Rural Residential – 43,000 square foot minimum (R-A-43) Zone, with two exceptions for length of cul-de-sac and gutter requirements, located approximately 634 feet north of Linda Vista Avenue and approximately 700 feet east of Dillon Court, north of the City of Porterville, as set forth in Planning Commission Resolution No. 9747. Accept the Categorical Exemption as the appropriate environmental determination, consistent with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, pursuant to Title 14, Cal. Code Regulations Section 15303, Class 3, pertaining to New Construction or Conversion of Small Structures. Direct the Environmental Assessment Officer, or designee, of the Tulare County Resource Management Agency to file a Notice of Exemption with the Clerk-Recorder.

5.               PUBLIC HEARING: Request from the Resource Management Agency to adopt and Certify the Addendum to the Tulare County General Plan, Environmental Impact Report, under the California Environmental Quality Act (CEQA), and the Mitigation Monitoring and Reporting Program (MMRP) for the proposed 2020 Transportation and Circulation Element Amendment and Vehicle Miles Traveled Guidelines (SB 743 Implementation) and Complete Streets Policy (AB 1358) (SCH #2006041162) consistent with Planning Commission Resolution No. 9751. Adopt General Plan Amendment No. GPA 20-003 for the Proposed 2020 Transportation and Circulation Element Amendment and Vehicle Miles Traveled Guidelines (SB 743 Implementation) and Complete Streets Policy (AB 1358) consistent with Planning Commission Resolution No. 9752.

(Consent Calendar)

CONSENT CALENDAR (Numbers 6 through 25)

 

 

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

6.               Approve an agreement with the California Department of Food and Agriculture (CDFA)  for the Bee Safe Program in an amount not to exceed $40,774.69, retroactive from July 1, 2020 through June 30, 2021. 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 15308 Actions by Regulatory Agencies for Protection. Find that there is no substantial evidence that the project 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 and 15308 Actions by Regulatory Agencies for Protection, that was prepared for a Bee Safe Program reflects the independent judgment 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.

Board of Supervisors

7.               Approve a letter of support for AB 2043 (Rivas) in regards to occupational safety and health for agricultural employers and employees within the COVID-19 response.

8.               Approve a letter of opposition to AB 660 (Levine) in regards to the restriction of contact tracing to public health entities and limiting of contact tracing data sharing between agencies.

Clerk of the Board

9.               Approve a Memorandum of Understanding (MOU) with Orange County Clerk-Recorder for the use of the Statewide Electronic Courier Universal Recording Environment (SECURE) Government to Government (G2G) portal to allow for the electronic submission of documents to be recorded with the Tulare County Clerk-Recorder, effective August 11, 2020 through August 11, 2025.

District Attorney

10.           Approve an agreement with the United States Department of Justice to participate in the Federal Equitable Sharing program and to allow continued access to Equitable Sharing funds in the amount of $39,593.36, retroactive from July 1, 2020 through June 30, 2021. Authorize the District Attorney to electronically sign the agreement.

Fire Department

11.           11. Ratify and approve an online grant application submitted by the Tulare County Fire Department to the US Department of Homeland Security-FEMA for the Assistance to Firefighters Grant Program – COVID19 Supplemental, retroactive from June 13, 2020.  The performance period is for July 13, 2020 through July 12, 2021 in the amount of $81,752.76. Approve Grant Award EMW-2020-FG-01460 through the Assistance to Firefighters Grant Program – COVID19 Supplemental for the purchase of Personal Protective Equipment and related supplies to prevent, prepare for, and respond to coronavirus.

General Services Agency

12.           Approve an amendment to Agreement No. 26680 with Judicial Council for space located at 300 E. Olive Porterville to reduce the lease amount not to exceed $4,642.

13.           Approve an amendment to Agreement No. 29068 with Forcum Mackey Construction, Inc. to increase the agreement amount by $27,327.86 from $4,169,472.18 to $4,196,800.04 and add 141 calendar days. Accept the work for construction of Fire Station No 1 as complete by Forcum Mackey Construction, Inc. Direct the Clerk of the Board to record the Notice of Completion for the project with the office of the Clerk-Recorder.

14.           FOR INFORMATION ONLY: Bid Opening results for Bob Wiley Housing Unit 3 & 4 Roofing Project.

CONTRACTOR                          BID AMOUNT

Absolute Urethane                      $579,000.00

Graham Prewett Inc.                   $584,800.00

Nations Roof                               $699,900.00

Fresno Roofing Co                      $896,474.00

Best Contracting Services            $954,000.00

ERC Roofing & Waterproofing      $1,096,000.00

 

Engineer’s Estimate                  $650,000.00

 

Health & Human Services Agency

15.           Ratify and approve an agreement with Aurrera Health Group, LLC to implement the Adverse Childhood Experiences awareness Grant project in the amount of $92,160, retroactive from June 30, 2020 through June 29, 2021.  Approve the necessary budget adjustments (4/5ths vote required).

16.           Approve the Tulare County Council on Child & Youth Development 2020 Zip Code Priorities Report.

17.           Approve an agreement with Community Services and Employment Training, Inc., to provide the Supported Employment and Volunteer Program in an amount not to exceed $755,527, retroactive from July 1, 2020 through June 30, 2021.

18.           Ratify and Approve a 340B Contract Pharmacy Services agreement with CVS Pharmacy, Inc. to increase Tulare County's contract pharmacy network, retroactive from July 9, 2020 through December 31, 2023. Ratify and Approve a 340B Administrative Services Addendum with Wellpartner, LLC to provide administrative services for the County’s 340B contract with CVS Pharmacy, Inc., retroactive from July 9, 2020 through December 31, 2023.

19.           Approve an agreement with JDT Consultants, Inc. to provide Therapeutic Behavioral Services to consumers of Tulare County, in an amount not to exceed $1,410,000 ($470,000 per Fiscal Year), retroactive from July 1, 2020 through June 30, 2023.

20.           Approve an agreement with Kings View Corporation for the provision of mental health services for the South County Mobile Services program, in an amount not to exceed $850,000, retroactive from July 1, 2020, through June 30, 2021.

21.           Approve an agreement with Turning Point of Central California, Inc. for the Central County One-Stop Center, in an amount not to exceed $700,000, retroactive from July 1, 2020 through June 30, 2021.

Probation

22.           Approve an agreement with Champions Recovery Alternative Programs, Inc. for juvenile substance use disorder treatment, behavioral health services, reentry services, and family programming in an amount not to exceed $270,000, retroactive from July 1, 2020 through June 30, 2021 .

Resource Management Agency

23.           Approve the Plans, Special Provisions, Proposal and Contract (“Bid Documents”) for the Construction of the 2020 Road Repair and Accountability Act Project 2. Approve the Advertisement for Bids of the 2020 Road Repair and Accountability Act Project 2. Adopt the Categorical Exemption prepared pursuant to the California Environmental Quality Act and the State Guidelines General Rule Exemption per Section 15300.4 Application by Public Agencies and Section 15301 Existing Facilities, respectively, for the 2020 Road Repair and Accountability Act Project 2. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the Clerk-Recorder.

24.           Approve and award the contract to the lowest responsive and responsible bidder, Witbro, Incorporated Doing Business As Seal Rite Paving & Grading of Fresno, California, in the amount of $931,749 for construction of Earlimart Sidewalk Improvements Project effective upon approval by the Board of Supervisors. Authorize the Chair of the Board of Supervisors to sign the contract after review and approval as to form by County Counsel and upon receipt of certificates of insurance, bonds and evidence that the contractor possesses a valid State Contractors License. Allow funds for contingencies in the amount $59,087 to cover unexpected construction conditions. Authorize the Director of the Resource Management Agency, or designee, to approve contract change orders up to the amount of allowed funds for contingencies.

Solid Waste

25.           Authorize an increase of Balance Sheet Account 045-1330 Imprest Cash to $5,500 to better service Cash clients of the Tulare County Landfill System.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

26.           Receive a presentation by the Public Financial Management, Asset Management LLC ("PFM") regarding the Annual Report for the Millennium Fund Investment Program. Accept the Annual Report for the Millennium Fund Investment Program.

27.           Request from the County Administrative Office to establish an Ad Hoc Retirement Committee comprised of two members of the Board of Supervisors to assist the County with evaluating the performance and financial impacts of assumption rate changes to the County's retirement system. Appoint two members of the Board of Supervisors to serve on the Ad Hoc Retirement Committee.

28.           Receive a presentation from the General Services Agency regarding the projects completed in Fiscal Year 2019/20 and the proposed Capital Improvement Plan for Fiscal Years 2020/21 to 2024/25. Approve the Capital Improvement Plan for Fiscal Years 2020/21 to 2024/25. Authorize the submittal of a request to drawdown $3,500,000 from the Tulare County Millennium Fund Program pursuant to Tulare County Public Financing Authority Agreement No. PFA-03. Authorize the County Administrative Officer to sign the disbursement request letter on behalf of Tulare County.

BOARD MEMBER REQUESTS

29.           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

Please see today’s agenda item regarding the Resource Management Agency’s request to adopt the Planning Commission's recommendations and findings of approval and approve Tentative Subdivision Map No. TSM 20-002 (Smee Homes, Inc.)

ITEM B

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Please see today’s agenda item regarding the Resource Management Agency’s request to adopt General Plan Amendment GPA 20-003 – 2020 Transportation and Circulation Element Amendment- Vehicle Miles Traveled Guidelines (SB 743 Implementation) and Complete Streets Policy (AB 1358).

ITEM C

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

Please see today’s agenda item regarding the Resource Management Agency’s request to award the contract for construction of Earlimart Sidewalk Improvements Project.

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 – EXISTING LITIGATION

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

Name of Case:  Chan, Albert vs. County of Tulare et al  

Tulare County Superior Court Case No. VCU269829

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.