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 25, 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.             Receive an update from the Workforce Investment Board regarding the COVID-19 Business Assistance Program.

4.             Presentation given by Rural County Representatives of California (RCRC) to provide an update and overview of their organization.

5.             Public Comments.

 

 

9:30 A.M. – TIMED ITEMS

 

 

(Timed Items)

6.            PUBLIC HEARING: Request from the Resource Management to approve an application for funding from the State Department of Housing and Community Development 2020 Community Development Block Grant - Coronavirus Response Round 1, in the amount of $490,166 for the provision of Subsistence Payments. Adopt the Resolution to approve the application for funding. Authorize and approve the use of Program Income funds not to exceed $600,000.  Authorize and direct the County Administrative Officer to act on the County's behalf in all matters pertaining to this application. Authorize and direct the Resource Management Agency Director and Associate Director to sign Funds Requests and other required reporting forms. Designate the Resource Management Agency Director to act as the Environmental Certifying Officer in all matters pertaining to this grant. Direct the Clerk of the Board to provide certified copies of the resolutions.

7.            PUBLIC HEARING: Request from the Resource Management Agency to hold an evidentiary administrative appeal hearing regarding The Wonderful Company's appeal of the Resource Management Agency's issuance of Building Permit Nos. A2000938 and A2001028. Deliberate and make a tentative decision on whether to grant or deny the appeal, and direct staff to prepare written findings in support of the Board's decision, to be presented for Board consideration on September 15, 2020.

(Consent Calendar)

CONSENT CALENDAR (Numbers 8 through 22)

 

 

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

8.            Reappoint Eva Bruce to the Seat 7 - Relative Provider Seat on the In-Home Supportive Services Advisory Committee for a term ending June 30, 2023.

County Administrative Office

9.            Ratify actions by the County Administrative Officer during the months of May and June 2020. Find that the activities funded pursuant to the good works funding agreements are necessary to meet the social needs of the residents of Tulare County.

General Services Agency

10.         Award the contract for the Bob Wiley Detention Facility Housing Units #3 & #4 Roofing Project to the lowest responsible and responsive bidder, Absolute Urethane, Inc., in the amount of $579,000.

11.         Approve the application for grant funding for two (2) electric utility vehicles for the Parks and Grounds Divisions through the San Joaquin Valley Air Pollution Control District New Alternative Fuel Vehicle Purchase Program. Approve a capital asset purchase of two (2) electric utility vehicles, in an amount not to exceed $50,000, if the application is selected.

12.         Approve the Southern California Edison (SCE) Generating Facility Interconnection agreement for the Solar Project at Government Plaza, 5959 S. Mooney Blvd. Visalia, CA 93277.

Health & Human Services Agency

13.         Approve an agreement with Star View Behavioral Health, Inc. to provide Community Treatment Facility and Psychiatric Health Facility beds and related mental health treatment for Tulare County Mental Health consumers in an amount not to exceed $300,000, retroactive from July 1, 2020 through June 30, 2021.

14.         Approve an agreement with Turning Point of Central California, Inc. for the provision of specialty mental health services for Tulare County adolescents and children in an amount not to exceed $14,300,000, retroactive from July 1, 2020 through June 30, 2021.

15.         Approve an amendment to Agreement No. 29688 with Community Services and Employment Training, Inc. for administration of the Housing Support Program to increase the agreement by $1,000,000 for a total amount not to exceed $1,635,489, and to update the Scope of Work to establish eligibility and expenditure parameters for funds as outlined by the CARES funding regulations, effective September 1, 2020 through June 30, 2021 .

16.         Ratify a Proclamation of Local Emergency due to Animal Mortality issued by the Director of Emergency Services on August 19, 2020.

Probation

17.         Approve an agreement with BI Incorporated to provide electronic monitoring equipment to adult and juvenile offenders in an amount not to exceed $250,000, retroactive from July 1, 2020 through June 30, 2021.

Registrar of Voters

18.         Approve the consolidation of the Local Contests/Measures, listed in Appendix A, with the General Election and any other election, which may be held within the jurisdiction of said districts on Tuesday, November 3, 2020. Approve the procedures to be used in the conduct of the consolidated election, and said consolidation shall adhere to the provisions set forth in Section 10400 and following of the Elections Code. Authorize the Election Official to perform all necessary and required services to the aforementioned districts relating to the conduct of the Local Contests/Measures and General Election. Agree that each individual District shall reimburse the County in full for the services performed in connection with these elections, upon presentation of a bill from the Election Official to the District. Agree that the Election Official will prepare a certified statement of the results of the election and submit it to each governing body within 30 days of the election.

19.         Approve an amendment to Agreement No. 29133 with Dominion Voting Systems, Inc. for the purchase of eighteen (18) Oki Data 712 Ballot Printers including laptops, consumables and warranty fees in an amount not to exceed $160,000. Approve the necessary budget adjustment (4/5ths vote required).

Resource Management Agency

20.         Approve and award the contract to the lowest responsive and responsible bidder, R.J. Berry Jr., Inc., from Selma, California, in the amount of $751,127 for construction of Harvest Avenue Improvements Project, in the community of Goshen.  Authorize the Chair 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 $50,056 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 invoice payment to the Labor Consultants of California for the State prevailing wage monitoring services for the water system improvements of the Yettem & Seville Phase I project, in the amount of $850, retroactive from July 1, 2020, through August 30, 2020.

22.         Authorize the submittal of Federal Transit Act Section 5311 “Coronavirus Aid, Relief, and Economic Security Act” Cares Act grant application to Caltrans, in the amount of $1,654,568, to offset increased transit expenses and reduced revenues related to COVID-19 conditions. Authorize the Resource Management Agency Director, or designee, to sign the Application Certification and submit the grant application through the Caltrans BlackCat system. Direct the Resource Management Agency to take the necessary steps and actions required under this grant program to return with an agreement for future consideration and approval.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

23.         Request from the Auditor-Controller Department to select the highest cost-of-living factor to be used in the 2020-21 Gann Appropriations Limit calculation from these two options. Option 1: The change in California per capita personal income, which was 3.73% for the calendar year 2019. Option 2: The percentage change in the jurisdiction's assessed valuation attributable to local non-residential new construction, which was 4.76% for 2019-20.

BOARD MEMBER REQUESTS

24.         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 pertaining to RMA 20-068, Community Development Block Grant Program – Coronavirus Response Round 1

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 Wonderful Company's appeal of the Tulare County Resource Management Agency issuance of Building Permit No's A2000938 And A2001028 to ARO Pistachio Inc.

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 LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Paula Salyer v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ2247699

ITEM G

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 6

ITEM H

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 10

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.