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 18, 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 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.

 

Agricultural Commissioner/Sealer

4.            Approve an agreement with the California Department of Food and Agriculture for the Certified Farmers Market Inspections in an amount not to exceed $10,464, retroactive from July 1, 2020 through June 30, 2021.

5.            Approve an agreement with the California Department of Food and Agriculture for the Weighmaster Program in an amount not to exceed $3,600, retroactive from July 1, 2020 through June 30, 2021.

6.            Approve an agreement with the California Department of Food and Agriculture for providing State subvention in the amount of $106,072.00 to offset costs of providing European Grapevine Moth detection trapping services, retroactive from January 1, 2020 through December 31, 2020.

County Administrative Office

7.            Approve a Memorandum of Understanding with the Cutler Orosi Surface Water Project Joint Powers Authority for participation in the Cutler Orosi Surface Water Project for water supply for communities and residents in the north County.

8.            Amend Administrative Regulation No. 37 regarding the County's acceptance of gifts and donations, effective September 1, 2020. Approve a new Administrative Regulation No. 42 establishing rules and procedures regarding the distribution of tickets and passes by the County, effective September 1, 2020.

 

 

 

Health & Human Services Agency

9.            Approve an agreement with Aspiranet for the delivery of Transitional Housing Program Plus services in an amount not to exceed $195,209, retroactive from July 1, 2020 through June 30, 2021.

10.         Authorize the Director of Human Services to sign the Housing Navigators Program Allocation Acceptance Resolution.

11.         Approve an agreement with Lamp Liter Associates for the provision of housing to Tulare County residents without shelter during the COVID-19 pandemic in an amount not to exceed $400,400, effective August 18, 2020 through December 31, 2020.

12.         Approve an agreement with Kings View Corporation for the provision of opioid treatment services in an amount not to exceed of $1,445,000, retroactive from July 1, 2020 through June 30, 2021.

13.         Ratify and approve a Used Oil Payment Program Application Certification for the CalRecycle Used Oil Program for funds to support the household hazardous waste used oil collection and disposal program, retroactive from July 7, 2020 through June 30, 2022. Ratify the Chairman’s July 7, 2020 signature on the Used Oil Payment Program Application Certification. Approve the Resolution of the Tulare County Board of Supervisors Approving Submittal of Application(s) for CalRecycle Used Oil Payment Programs Fund (OPP).

14.         Approve an agreement with the Mental Health Services Oversight & Accountability Commission to accept the Grant award for the Mental Health Student Services Act in an amount not to exceed of $4,000,000, effective September 1, 2020 through August 31, 2024.

Information & Communications Technology

15.         Approve the capital asset purchase of one (1) Cisco Unified Computing System Blade Bundle, in an amount not to exceed $160,000. Approve the necessary budget adjustments (4/5ths vote required).

16.         Approve the capital asset purchase of Cisco Duo Secure Multi Factor Authentication Licensing, in an amount not to exceed $350,000. Approve the necessary budget adjustments (4/5ths vote required).

Resource Management Agency

17.         Authorize the submission of five (5) applications for funding from the 2021 Active Transportation Program with an estimated total project cost of $14,700,000.  Authorize the Resource Management Agency Director, or designee, to sign the grant applications. Authorize and direct the Resource Management Agency Director, or designee, to act on the County's behalf in all matters pertaining to these applications. Authorize and direct the Resource Management Agency Director, or designee, to submit Funds Requests and other program-supporting documentation.

18.         Approve an amendment to Agreement No. 28926 and assign all rights and responsibilities under Tulare County Agreement No. 28926 with Drake Haglan and Associates, Incorporated for Professional Engineering Consulting Services for the Avenue 108 over Lakeland Canal Bridge Project, near the community of Angiola, to Dewberry Engineers Incorporated, effective August 18, 2020 through June 30, 2024.

19.         Approve the Measure R Program Supplement to Cooperative Agreement to fund the Farm 2 Market Program 2.0, retroactive from October 15, 2019, in the amount of $10,000,000, effective upon approval by the Board of Supervisors.

20.         Approve and award the contract to the lowest responsive and responsible bidder, Don Berry Construction Incorporated of Kingsburg, California, in the amount of $6,035,126.66 for construction of the Farm 2 Market Routes 2.0 Project 1, 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 $314,256 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.

21.         Approve an agreement with the City of Visalia for a portion of Avenue 288 from Road 68 easterly to the alignment of Road 76, effective upon approval by the Board of Supervisors. Approve contribution of funds in an amount not to exceed $200,000 for road reconstruction of Avenue 288 from Road 68 easterly for 2,690 feet.

22.         Approve proceedings to form Assessment District No. 20-770-PIXLEY, to pay for storm drainage system maintenance within Subdivision Tract No. 770, located on the west side of Elm Street (Road 128) south of Howard Avenue, in the community of Pixley. Approve the proposed Boundary Map and direct the Clerk of the Board to file certified copies with the Clerk-Recorder. Approve the proposed Assessment Diagram and direct the Clerk of the Board to file certified copies with the Clerk-Recorder. Approve the Engineer's Report. Declare the Board's intention to levy and collect assessments. Accept the ballot and waiver of public meetings and hearings, including notice thereof, provided by the property owner. Approve the formation of the Assessment District and imposition of assessments. Approve the agreement with Downs Equipment Rentals, Inc. authorizing to collect the assessments for Fiscal Year 2020/2021 upon first conveyance of each lot or by June 30, 2021, effective upon approval of the Board of Supervisors. Approve the AUD 308 form establishing a budget for the Assessment District (4/5ths vote required).

23.         Approve proceedings to form Assessment District No. 20-770R-PIXLEY, to pay for road and street maintenance within Subdivision Tract No. 770, located on the west side of Elm Street (Road 128) south of Howard Avenue, in the community of Pixley. Approve the proposed Boundary Map and direct the Clerk of the Board to file certified copies with the Clerk-Recorder. Approve the proposed Assessment Diagram and direct the Clerk of the Board to file certified copies with the Clerk-Recorder. Approve the Engineer's Report. Declare the Board's intention to levy and collect assessments. Accept the ballot and waiver of public meetings and hearings, including notice thereof, provided by the property owner. Approve the formation of the Assessment District and imposition of assessments. Approve the agreement with Downs Equipment Rentals, Inc. authorizing to collect the assessments for Fiscal Year 2020/2021 upon first conveyance of each lot or by June 30, 2021, effective upon approval of the Board of Supervisors. Approve the AUD 308 form establishing a budget for the Assessment District (4/5ths vote required).

24.         Approve the Final Map for Subdivision Tract No. 770, located on the west side of Elm Street (Road 128) south of Howard Avenue, in the community of Pixley. Accept the road right of way dedications for Subdivision Tract No. 770 as shown on the Final Map.

25.         Approve an agreement with CalBiogas South Tulare, LLC in connection with an application for an encroachment permit to place an underground pressurized gas pipeline within County rights-of-way of Roads 96, 128, 132 and 152; Avenues 184, 192 and 208; and Spacer Drive (D134), south of the City of Tulare, for the period of August 18, 2020 through August 18, 2045. Adopt the Categorical Exemption prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines Section 15303: New Construction or Conversion of Small Structures for the placement of the underground pressurized gas pipeline. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the Clerk-Recorder.

26.         Adopt the Addendum to the Terra Bella Community Plan Initial Study/Mitigated Negative Declaration prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines per Section 15164(b), for building permits and a pipeline to  increase  the recycled waste water land application area for the Setton Pistachio Capacity Expansion Project, located in Terra Bella. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Determination with the Clerk-Recorder.

Sheriff/Coroner

27.         Approve an agreement with the Tulare County Deputy Sheriff's Benevolent Association to provide Sheriff’s Work Alternative Program services to the Tulare County Deputy Sheriff's Benevolent Association, effective August 18, 2020 through June 30, 2025.

28.         Approve an agreement with the City of Lindsay to provide Sheriff’s Work Alternative Program services to the City of Lindsay, effective August 18, 2020 through June 30, 2025.

29.         Approve an agreement with Family Services of Tulare County for domestic violence response, to receive funding in an amount not to exceed $40,052, retroactive from January 1, 2020 through December 31, 2020. Approve the necessary budget adjustments (4/5ths vote required).

Solid Waste

30.         Approve an agreement with Mid-Valley Disposal, retroactive from July 1, 2020 through June 30, 2025 to concur with the commitment of 100% of Refuse volume by Mid-Valley Disposal to the Tulare County Landfill System at the Contracted Rate of $28.00/ton for the period of July 1, 2020 through June 30, 2024 and $34.00/ton for July 1, 2024 through June 30, 2025.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

31.         Request from the County Administrative Office to accept a report from the Workforce Investment Board regarding the COVID-19 Business Assistance Program including final applicant pool data. Direct staff to revise the COVID-19 Business Assistance Program application guidelines stated in Exhibit A-1 to County Agreement No. 29765 with the Workforce Investment Board, if warranted by the final applicant pool data.

32.         Request from the Health and Human Services Agency to approve the new classifications of Contact Tracer and Extra Help Contact Tracer. Approve the revisions to the job specification for the Communicable Disease Investigator classification, effective August 30, 2020. Approve a Personnel Resolution to add three (3) Contact Tracer, and two (2) Communicable Disease Investigator positions, effective August 30, 2020.

33.         Request from the Solid Waste Department to approve an agreement with Peña's Disposal, retroactive from July 1, 2020 through June 30, 2025 to concur with the commitment of 100% of Refuse volume by Peña's Disposal to the Tulare County Landfill System at the Contracted Rate of $28.00/ton for the period of July 1, 2020 through June 30, 2024 and $34.00/ton for July 1, 2024 through June 30, 2025 for In-County Refuse and $21.50/ton for Out of County Refuse. Authorize the Solid Waste Department to waive Accounts Receivable balances for Peña's Disposal resulting from the difference in the County Refuse Rate of $34.00/ton and the previous Contracted Rates of $28.00/ton for In-County Refuse and $21.50/ton for Out of County Refuse for the period of August 1, 2019 through June 30, 2020 in the amount of $583,863.47.

34.         Presentation given by the Solid Waste Department regarding an overview of the department.

BOARD MEMBER REQUESTS

35.         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 proposed amendment to the County’s Administrative Regulation 37 and the proposed adoption of Administrative Regulation 42 (regarding the Distribution of Tickets and Passes).

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 the Addendum to the Terra Bella Community Plan Initial Study/Mitigated Negative Declaration prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines per Section 15164(b), for building permits and a pipeline to increase the recycled waste water land application area for the Setton Pistachio Capacity Expansion Project, located in Terra Bella.

ITEM C

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION

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

Number of Potential Cases: 1

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 REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description:  35701 Hwy 190, Springville, APN 285-060-03

Agency Negotiator:  Daniel Richardson

Negotiating Party or Parties:  Franklin Eugene Baughman and Shirlee Ann Baughman, Trustee of the Baughman Family Trust dated November 11, 1986

Under Negotiation:  Price and Terms of Payment

ITEM G

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  William Wilson v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ10830606

ITEM H

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 6

ITEM I

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.