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,

THE TULARE COUNTY FLOOD CONTROL DISTRICT, AND

THE TERRA BELLA SEWER MAINTENANCE DISTRICT

September 15, 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.

 

 

10:00 A.M. – TIMED ITEMS

 

 

(Timed Items)

4.            PUBLIC HEARING: Budget Hearings

Introduction and Overview

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

1.     Adopt the FY 2020/21 Final Budget for the Terra Bella Sewer Maintenance District as modified during the hearings.

2.     Authorize the Auditor-Controller to make necessary minor adjustments in order to bring the FY 2020/21 Budget into final balance.

ADJOURN AS THE TERRA BELLA SEWER MAINTENANCE DISTRICT AND CONVENE AS THE TULARE COUNTY FLOOD CONTROL DISTRICT

1.     Adopt the FY 2020/21 Final Budget for the Tulare County Flood Control District as modified during the hearings.

2.     Authorize the Auditor-Controller to make necessary minor adjustments in order to bring the FY 2020/21 Budget into final balance.

ADJOURN AS THE TULARE COUNTY FLOOD CONTROL DISTRICT AND RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

1.     Adopt the FY 2020/21 Final Budgets for all funds and activities as modified during the hearings for the Enterprise and Assessment District Funds, County Service Areas #1 and #2, Special Districts, Internal Service Funds, Operating Funds, and the General Fund.

2.     Amend the Personnel Class Specifications, Class Designations, and Compensation Changes subject to meet and confer.

3.     Amend the Position Allocation List reflecting adds, deletes, amends, and reclassifications subject to meet and confer.

4.     Approve the Capital Asset Purchase List.

5.     Approve a 2% cost of living increase for the following county elected officials: Sheriff-Coroner, District Attorney, County Assessor/Clerk Recorder, and Auditor-Controller/Treasurer-Tax Collector, consistent with the April 30, 2019,Resolution No. 2019-0287 action.

6.     Approve the Board of Supervisors cost of living increase of 2% consistent with the April 30, 2019, Resolution No. 2019-0287, and pursuant to Tulare County Ordinance Code No. 3558, effective with the start of the first full pay period following sixty (60) days after the adoption of the Annual Budget for FY 2020/21, per Ordinance Code section 1-07-1060(e).

7.     Authorize the Auditor-Controller to make necessary minor adjustments in order to bring the FY 2020/21 Budget into final balance.

(Consent Calendar)

CONSENT CALENDAR (Numbers 5 through 38)

 

 

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 an agreement with the California Department of Food and Agriculture, to provide funding to offset the costs of providing Light Brown Apple Moth pest detection services in the amount of $18,809.00, 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 $40,000 to offset costs of providing noxious weed surveying and treatments, retroactive from May 1, 2020 through December 31, 2020. Adopt the Categorical Exemption prepared pursuant to the provisions of the California Environmental Quality Act (CEQA) for projects recommended by the California Department of Food and Agriculture. Authorize the Environmental Assessment Officer, or designee, to sign and file the Notice of Exemption with the Clerk-Recorder.

Auditor-Controller/Treasurer-Tax Collector

7.            Approve the purchase of 30 Sheriff replacement vehicles, five (5) Probation replacement vehicles, and one (1) Co-Operative Extension replacement vehicle. Authorize payment for those vehicles through the utilization of the County's Vehicle Internal Borrowing Program which is made possible by a loan from the General Fund, not to exceed 36 months.

8.            Establish the 2020-21 Gann Appropriations Limit for the County to be $4,686,985,805.

Board of Supervisors

9.            Reappoint Richard Dituri to the Seat 9 - At-Large Seat on the In-Home Supportive Services Advisory Committee for a term ending June 30, 2023.

10.         Reappoint William D. West to Member 4 Seat; Douglas Jackson to the Member 5 Seat; Dan Vink to the Member 6 Seat; Fergus Alan Morrissey to the Member 7 Seat on the Tulare County Flood Control Commission for terms ending September 1, 2024.

County Administrative Office

11.         Approve sending a letter supporting the consolidation of the East Orosi Community Services District and the Orosi Public Utilities District water systems.

District Attorney

12.         Approve an amendment to Agreement No. 29461 with the California Governor’s Office of Emergency Services for the Human Trafficking Advocacy Program grant, to reduce the total project amount from $115,371 to $92,296, retroactive from January 1, 2020 through December 31, 2020.

13.         Approve an agreement with the California Office of Emergency Services to provide continuing funding for the Human Trafficking Advocacy Program in an amount not to exceed $95,064, effective January 1, 2021 through December 31, 2021.

14.         Approve an agreement with the California Office of Emergency Services in an amount not to exceed $206,000 to provide continuing funding for the Elder Abuse Program, effective January 1, 2021 through December 31, 2021.

Fire Department

15.         Approve a Grant Award Agreement with California Department of Forestry and Fire Protection for the Volunteer Fire Assistance Grant for the purchase of Wildland Fire Shelters in an amount not to exceed $19,881.90, for the performance period of the date of last signatory of the agreement to June 30, 2021.

General Services Agency

16.         Reaffirm the presence of the COVID-19 virus and resulting infections, illnesses, and deaths in the community constitute an "emergency" within the meaning of Public Contract Code sections 1102, 22035, and 22050, that the emergency makes certain County facility-related repairs and replacements necessary at once without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts; that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency and timely expend available Coronavirus Aid, Relief, and Economic Security (CARES) Act funding.

17.         Approve an agreement with Escrow Instructions for the sale of the real property located at 16756 Avenue 168, Woodville, Assessor’s Parcel No. 233-014-018, commonly known as the Woodville Fire Station to the Woodville Union School District. Authorize the General Services Agency Director, or designee, to open escrow and sign all documents to facilitate the escrow for this sale. Direct the County Environmental Assessment Officer to file a Notice of Exemption with the Clerk Recorder.

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

Health & Human Services Agency

19.         Approve an agreement with Proteus, Inc. for Contact Tracing services in an amount not to exceed $568,915, retroactive from September 1, 2020 through February 28, 2021.

20.         Authorize the Director of Health and Human Services Agency to sign the Letter of Certification for disbursement of the Housing and Disability Income Advocacy Program augmentation.

21.         Approve an agreement with Kings View Corporation, Inc. for the Porterville Wellness and Recovery Center, in an amount not to exceed $533,000, retroactive from July 1, 2020 through June 30, 2021.

22.         Approve an agreement with Tulare County Superintendent of Schools for the provision of mental health services for Tulare County adolescents and children in an amount not to exceed $6,000,000, retroactive from July 1, 2020 through June 30, 2021.

23.         Approve an addendum to Agreement No. 29689 with the California Department of Health Care Services for the Medi-Cal Inmate Program to include the Administrative Services Agreement exhibit with a maximum County payment to Department of Health Care Services for administrative costs of $14,564.69, retroactive from July 1, 2020 through June 30, 2023.

24.         Terminate the Local Emergency due to Animal Mortality, Resolution No. 2020-0537.

25.         Approve an agreement with Central Star Behavioral Health, Inc. to provide acute Inpatient Psychiatric Health facility beds and related mental health treatment for the benefit of Tulare County youth consumers in an amount not to exceed $250,000, retroactive from July 1, 2020 through June 30, 2021.

26.         Authorize the submission of a grant application to apply for the Project Homekey program funding in an amount not to exceed $6,000,000, retroactive from August 7, 2020 through June 30, 2021 for Fiscal Year 2020/2021. Authorize UPHoldings, LLC as the development sponsor and co-applicant for the Project Homekey program to be submitted no later than September 30, 2020. Authorize entering into an agreement for the subsequent acceptance of grant funds when awarded and disbursed. Adopt the resolution authorizing joint application to the Homekey program as required by the California Department of Housing and Community Development.

27.         Ratify and confirm all emergency evacuation orders, and any orders rescinding evacuation orders, issued by the Director of Emergency Services, or successor, during the period of September 4, 2020 through September 15, 2020, related to the Sequoia Complex Fire Local Emergency, proclaimed on August 28, 2020.

Probation

28.         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 an amount not to exceed $6,033.56, retroactive from July 1, 2020 through June 30, 2021.

29.         Approve an agreement with the California Office of Traffic Safety for Intensive Probation Supervision for High Risk Felony and Repeat Driving Under the Influence Offenders to accept grant funding in the amount of $109,385, effective October 1, 2020 through September 30, 2021.

Registrar of Voters

30.         Approve an agreement with the State of California, Secretary of State, for reimbursement of costs associated with the November 3, 2020 General Election related to COVID-19 Pandemic in an amount not to exceed $687,105, retroactive from August 15, 2020 through December 31, 2020.

31.         Approve an amendment to Agreement No. 29133 with Dominion Voting Systems, Inc. for the purchase of nineteen (19) 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

32.         FOR INFORMATION ONLY: Bid Opening results for 2020 Road Repair and Accountability Act Project 2.

CONTRACTOR BID AMOUNT

Teichert Construction $4,684,000.00

Cal Valley $5,024,140.30

Granite Construction Co $5,143,203.62

Bush Engineering Inc. $5,374,823.00

 

Engineer’s Estimate $5,078,135.80

 

33.         Approve and award the contract to the lowest responsive and responsible bidder, A Teichert & Son, Inc. doing business as Teichert Construction of Roseville, California, in the amount of $4,684,000 for construction of 2020 Road Repair and Accountability Act Project. 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 Contractor’s License. Allow funds for contingencies in the amount $246,700 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.

34.         Approve and award the contract to the lowest responsive and responsible bidder, Witbro Inc. doing business as Seal Rite Paving & Grading of Fresno, California, in the amount of $376,613 for construction of Community Accessibility Enhancement Project 2.0, in the communities of Terra Bella, Ivanhoe, Pixley and Cutler, 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 Contractor’s License. Allow funds for contingencies in the amount $31,330 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.

35.         Approve an agreement with Pacific Gas & Electric Company for the relocation of the electric facilities in connection with the Avenue 424 Traver Canal Bridge Project, near the City of Dinuba, effective upon approval by the Board of Supervisors.

36.         Approve an agreement with Pacific Gas & Electric Company, in an amount not to exceed $7,381.25, for the relocation of electric facilities in the connection with Avenue 424 Traver Canal Bridge Project, near the City of Dinuba, effective upon approval by the Board of Supervisors.

Sheriff/Coroner

37.         Approve an agreement with the City of Porterville to provide Sheriff's Work Alternative Program services to the City of Porterville, effective September 15, 2020 through June 30, 2025.

38.         Approve an amendment to Agreement No. 28369 with GTL Financial Services to convert the agreement for providing money handling kiosks at County's adult correctional facilities to a month-to-month term not to exceed one year for the period of October 1, 2020 to September 30, 2021 and amend the termination clause.

(Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

39.         Request from the Auditor-Controller to approve the rate of taxation of the State and County for Fiscal Year 2020/21 to be collected upon the taxable property of the County of Tulare, State of California, at the rate of $1 per $100 of assessed valuation. Article XIII California Constitution. Approve the tax rates on Schedule A. Direct that they be levied and direct that they be collected upon each $100 valuation of the taxable property of the unitary and operating non-unitary property of the County of Tulare, State of California, as computed pursuant to the provision of law. Revenue and Taxation Code Section 100. Approve the tax rates on Schedule B. Direct that they be levied and direct that they be collected upon each $100 valuation of the taxable property of the several school districts of said County, for raising the necessary amount to pay the principal and interest on the bonds and for special purposes for said school districts. Revenue and Taxation Code Section 93. Approve the Special District Tax Rates on Schedule C. Direct that they be levied and direct that they be collected upon each $100 valuation of the taxable property of the various districts included on the schedule of Special Districts. Revenue and Taxation Code Section 93. Approve and accept the Statement of the Valuation of the Property in Tulare County as compiled by the County Auditor-Controller/Treasurer-Tax Collector (Auditor) and filed with this Board.

40.         Request from the Resource Management Agency to adopt written findings in support of the Board's tentative decision to deny The Wonderful Company's appeal of the Resource Management Agency's issuance of Building Permit Nos. A2000938 and A2001028 for ARO Pistachio Inc. Direct staff to distribute the adopted findings and notify the parties of the Board's final decision to deny the appeal.

BOARD MEMBER REQUESTS

41.         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, the Tulare County Flood Control District, and the Terra Bella Sewer Maintenance District

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 adoption of Fiscal Year 2020/21 final budgets of the Special Districts and County Departments as specified.

Sitting as the Tulare County Board of Supervisors

ITEM B

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Government Code Section 54956.8)

Property Description: 16756 Ave. 168, Woodville (Surplus Woodville Fire Station)

Agency Negotiators: Daniel Richardson, Laura Silva

Negotiating Party or Parties: Woodville Union School District

Under Negotiation: Price and Terms of Payment

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 Board of Supervisor’s adoption of findings to support its August 25, 2020 tentative decision regarding the Wonderful Company’s appeal of the Tulare County Resource Management Agency’s issuance of Building Permit Nos. A2000938 and A2001028 to ARO Pistachio Inc.

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 LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Kenneth Lowe v. County of Tulare

Workers’ Compensation Appeals Board No.: ADJ8147322

ITEM H

DISCIPLINE, DISMISSAL OR RELEASE OF A PUBLIC EMPLOYEE

(Government Code Section 54957)

ITEM I

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT CONSIDERATION AND POSSIBLE APPOINTMENT

(Government Code Section 54957)

FOR THE POSITION OF: COUNTY COUNSEL OR INTERIM COUNTY COUNSEL

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.