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

 

September 29, 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.             Receive an update from the Workforce Investment Board regarding the COVID-19 Business Assistance Program.

4.             Present Proclamation recognizing Hispanic Heritage Month in Tulare County.

5.             Public Comments.

 

 

TIMED ITEMS

 

 

(Timed Items)

6.            9:30 A.M. PUBLIC HEARING: Request from the Solid Waste Department to consider an adjustment to the Franchise Haulers maximum collection and ancillary rates for Service Areas A, B, C, D, E, G, H, and J in accordance with the calculation methodology set forth in Tulare County Franchise Agreements Number 27185-A, 27186-A, 27187-A, 27188-A, 27189-A, and 27190-A. Approve the recommended maximum collection and ancillary rates per Exhibit "A", effective October 1, 2020 through June 30, 2021.

7.            2:00 P.M. PUBLIC FORUM: Conduct a public forum in accordance with Government Code Section 7283.1(d). Receive a report from the County Administrative Officer regarding the Tulare County Sheriff’s Office interaction and communication with the United States Immigration and Customs Enforcement in 2019. Receive public comment.

(Consent Calendar)

CONSENT CALENDAR (Numbers 8 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.

 

Assessor/Clerk-Recorder

8.            Terminate Memorandum of Understanding No. 27802 with Orange County Clerk-Recorder. Approve a Memorandum of Understanding between Orange County and Tulare County for the continual use of the Statewide Electronic Courier Universal Recording Environment (SECURE) Electronic Recording Delivery System, for the use of recording official record documents electronically. The term shall commence upon the execution of this Memorandum of Understanding by the Lead County and the Partners and shall continue in effect until August 18, 2023. The Owners and the Partner may further extend the term by written agreement. Authorize the Assessor/Clerk-Recorder to sign the Memorandum of Understanding.

Board of Supervisors

9.            Reappoint Jeffrey A. Nelson to the District 2 Seat and Kevin R. Day to the District 4 Seat on the Tulare County Fish and Wildlife Commission for terms ending September 4, 2022.

10.         Appoint Fred Nayor to the District 3 Seat on the Tulare County Task Fish and Wildlife Commission for a term ending September 4, 2022.

County Administrative Office

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

12.         Approve a resolution to disclaim any and all interest, historically and for all time, in the property commonly known as the Allensworth Historical Cemetery. Direct the Clerk of the Board to record the resolution disclaiming interest with the Clerk-Recorder.

District Attorney

13.         Ratify and approve an agreement with the State of California Office of Traffic Safety, for the Alcohol and Drug Impaired Driver Vertical Prosecution Program in an amount not to exceed $168,800, effective October 1, 2020 through September 30, 2021, that was electronically signed by the Chairman on September 14, 2020. Ratify the Chairman's electronic signature on the agreement. Ratify the electronic signatures of the Grant Director and the Fiscal Official on the agreement.

General Services Agency

14.         Approve an amendment to Lease Agreement No. 27992 with Cigna Health and Life Insurance Company, a Connecticut corporation, to extend the term of the agreement for five years commencing June 1, 2021 for space located at 5300 W. Tulare Ave, Suite 100, Visalia.

15.         Approve granting a Temporary Construction Easement to Sitka Enterprises, LLC, a California Limited Liability Company, Encinas Norte, LLC a California Limited Liability Company, and MGM of Visalia, LLC a California Limited Liability Company a 9,926 square foot portion of Assessor's Parcel Nos (APN's) 087-460-007 and 087-460-008. Direct the General Services Agency Assistant Director, or their designee, to record the Temporary Construction Easement.

Health & Human Services Agency

16.         Approve an agreement with Community Services and Employment Training, Inc. for the Youth Transitions Program in an amount not to exceed $758,325, effective October 1, 2020 through September 30, 2021.

17.         Approve an agreement with Kaweah Delta Health Care District for the provision of COVID-19 testing collection and contact tracing support for Fiscal Year 2020/2021 in an amount not to exceed $2,998,800, retroactive from July 1, 2020 through March 31, 2021.

18.         Approve an agreement with Proteus, Inc. for the provision of comprehensive job services to TulareWORKs clients in an amount not to exceed $1,051,866, effective October 1, 2020 through September 30, 2021.

19.         Approve an agreement with Tulare County Superintendent of Schools, Services for Education and Employment for the provision of comprehensive job services to TulareWORKs clients in an amount not to exceed $425,250, effective October 1, 2020 through September 30, 2021.

20.         Approve an agreement with the Child and Family Policy Institute of California to accept the County allocation award for the Youth Engagement Project in an amount not to exceed $13,500, effective September 29, 2020 through June 30, 2021.

21.         Approve an agreement with Community Services and Employment Training, Inc. for the provision of Welfare-to-Work job services to TulareWORKs clients in an amount not to exceed $1,260,000, effective October 1, 2020 through September 30, 2021.

22.         Approve a Memorandum of Understanding between the Tulare County Health & Human Services Agency, Child Welfare Services Division and the California State University, Fresno to arrange field placement of student interns in the social work field in the amount of zero dollars, effective September 29, 2020 through June 30, 2025.

23.         Authorize the submission of an application to the Governor's Office of Emergency Services for the Federal Fiscal Year 2020 Emergency Management Performance Grant - COVID-19 Supplemental, in an amount not to exceed $111,568. Accept funds from the Governor's Office of Emergency Services for the Federal Fiscal Year 2020 Emergency Management Performance Grant - COVID-19 Supplemental in the amount of $111,568, retroactive from January 27, 2020 through October 26, 2021.

24.         Approve an agreement with the National Committee for Quality Assurance to allow Tulare County Health & Human Services Agency to submit for the Patient-Centered Medical Home Recognition and maintain the recognition in an amount of zero dollars, effective from September 29, 2020 through all subsequent renewals.

25.         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 22, 2020 through September 28, 2020, related to the Sequoia Complex Fire Local Emergency, proclaimed on August 28, 2020.

26.         Approve an agreement with Central Valley Recovery Services, Inc. for the provision of substance abuse residential, outpatient, intensive outpatient, and transitional services in an amount not to exceed $1,777,375, retroactive from July 1, 2020 through June 30, 2021. 

27.         Approve a Memorandum of Understanding with the Superior Court of California, County of Tulare to reimburse the Court for the cost of one (1) Courtroom Clerk position in the Porterville Division and for two (2) Courtroom Clerks for the Visalia Division in an amount not to exceed $310,719.16, retroactive from July 1, 2020 through June 30, 2021. 

28.         Authorize the submittal of a request for Fire Management Assistance Subgrant for the Sequoia Lightning Complex Fire.

Information & Communications Technology

29.         Approve an agreement with Novacoast for professional services required to implement of Microsoft Office 365 in an amount not to exceed $278,000, effective October 1, 2020 through June 30, 2021.   

Resource Management Agency

30.         Accept the work for the construction of the 2019 Road Repair and Accountability Act Project 1, in six locations throughout Tulare County, as complete by A Teichert & Son, Inc. doing business as Teichert Construction of Roseville, California. Direct the Clerk of the Board to have the Notice of Completion recorded with the Clerk-Recorder.

31.         Approve the Utility Agreement with Southern California Edison for the relocation of distribution facilities for the Avenue 232 Safety Improvements Project, near the City of Tulare, in an amount not to exceed $106,250, effective upon approval by the Board of Supervisors.

32.         Approve the Joint Use Agreement with Southern California Edison for the relocation of electrical facilities in connection with the Avenue 232 Safety Improvements Project, near the City of Tulare, effective upon approval by the Board of Supervisors.

33.         Approve the Private Vehicular Access Maintenance Agreement between the County of Tulare, Rimm Resources, LLC and Villa Del Arroyo Moorpark LLC, to allocate responsibility for and the maintenance and repair of Avenue 268 or Park Road, located in the City of Visalia, effective upon approval by the Board of Supervisors. Authorize the Resource Management Agency to create an interest bearing trust fund to place the payments for the Private Vehicular Access Easement maintenance into. Direct the Environmental Assessment Officer to file the Notice of Exemption.

34.         Approve Invoice payments to L.G Cortez Enterprises, Inc., (dba ITC) for the purchase and installation of network cable and hardware for the Transit Operations and Maintenance Facility (TOMF) in an amount of $2,578, retroactive from July 1, 2020, through September 30, 2020.

35.         Approve an agreement with the Hopper Company to provide Real Estate Appraisal Services for various County projects (on an as-needed basis) in an amount not to exceed $370,000, effective September 29, 2020 through September 28, 2025.

36.         Approve an agreement with The Dore Group to provide Real Estate Appraisal Services for various County projects (on an as-needed basis)  in an amount not to exceed $370,000, effective September 29, 2020 through September 28, 2025.

37.         Approve an agreement with Integra Realty Resources—Los Angeles to provide Real Estate Appraisal Services for various County projects (on an as-needed basis) in an amount not to exceed $370,000, effective September 29, 2020 through September 28, 2025.

Solid Waste

38.         Approve an amendment to Agreement No. 27398 with Shamrock Recycling LLC, extending the term of the agreement to June 30, 2025 in order to continue diverting recyclable material from the waste stream.

 (Items Not Timed)

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

39.         Request from the Health and Human Services Agency to approve the acceptance of funds from the California Department of Public Health for the Epidemiology Laboratory Capacity Enhancing Detection in an amount not to exceed $8,548,068 , retroactive from May 18, 2020 through November 17, 2022. Approve the necessary budget adjustment (4/5th vote required). Approve the purchase of the Public Health Laboratory capital assets, not to exceed $665,264. Approve a Personnel Resolution to add one (1) Epidemiologist, one (1) Health Education Specialist, one (1) Health Education Assistant, and one (1) Public Health Nurse, effective October 11, 2020.

BOARD MEMBER REQUESTS

40.         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 Board of Supervisors Agenda Item pertaining to an adjustment to the Franchise Hauler’s maximum collection and ancillary rates for Service Areas A, B, C, D, E, G, H, and J.

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 Board of Supervisors Agenda Item pertaining to the TRUTH Act Public Forum.

ITEM C

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Terra Bella Voice for Change v. County of Tulare, et al., Tulare County Superior Court Case VCU284345

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:  Criswell et al. v. Sheriff Michael Boudreaux

California Eastern District Court 1:20-cv-01048-DAD-SAB

ITEM G

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case:  Iftimie, Mara vs. Tulare County 

Tulare County Superior Court Case No.VCU283987

ITEM H

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

Number of Potential Cases: 1

 

 

The Board may meet in a continuous closed session for items I and J each business day on this topic beginning immediately upon recess of the open portion of this meeting up to and including, October 5, 2020 to deliberate on those items regarding possible appointment.

ITEM I

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT CONSIDERATION AND POSSIBLE APPOINTMENT

(Government Code Section 54957)

FOR THE POSITION OF:  INFORMATION TECHNOLOGY (IT) DIRECTOR OR INTERIM DIRECTOR

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.