Documenter: Josef Sibala

Summary

  • On the Windy Fire in the Kings National Park (KNP) complex, the Fire Department controls 48,334 acres with 8% containment. The significant areas of concern are Mineral King, Cabin Cove, and Silver City. 

  • The board unanimously reaffirmed a Local Health Emergency declaration due to the Sequoia Complex Fire, Resolution No. 2020-0667. 

  • Director Timothy Lutz stated that weekly COVID cases are slowly starting to trickle down.

The Scene

The Tulare County Board of Supervisors, according to its website, sets policy for County departments, oversees the County budget, adopts ordinances on local matters, and establishes land-use policies that affect unincorporated areas of Tulare County. 

They respond to the needs of County constituents daily by meeting or discussing issues individually with County community members to help resolve problems and address their concerns.

The meeting is held live on Tuesday, September 28, 2021, at 9:00 am via YouTube

Tulare County Board of Supervisors Members present:

Larry Micari (District One), Pete Vander Poel (District Two), Eddie Valero (Vice Chair-District Four), Dennis Townsend (District Five), Jason T. Britt (County Administrative Officer), Jennifer M. Flores (County Counsel), and Melinda Benton (Chief Clerk).

Others Present:   

Fire Chief Charlie Norman 

Health and Human Services Agency Director Timothy Lutz

General Services Director Brooke Sisk

City of Tulare Mayor Dennis Mederos

Tulare City Manager Mark Mondell

ENGIE representative Ashu Jain

Principal at ARC Alternatives Curtis Schmitt

Chief Deputy County Counsel Jeffrey Kuhn

County Financial Advisor Bobby Chung from KNN Public Finance         

Discussions/Actions

After the pledge of allegiance and moment of silence, each supervisor updated their meetings with local agencies and community organizations. 

Fire Chief Charlie Norman stated that they are in control of 87,318 acres with 4 percent of containment.

Their priorities involve continuing the defense of the Ponderosa community and keeping the West Mountain Road. 

On the Windy Fire in the Kings National Park (KNP) complex, the Fire Department controlled 48,334 acres, 8 percent containment. Their significant areas of concern are Mineral King, Cabin Cove, and Silver City. 

Director Timothy Lutz stated that weekly COVID cases are slowly starting to trickle down.

As of yesterday, deaths numbered 899 people, of the hospitalized, 13.2 percent were vaccinated, while 86.8 were among the not fully vaccinated group. 

In schools, student cases in the last 30 days totaled 906, which is down 4 percent. 

Vaccinations decreased with 229,990 residents who have not received the first dose, 47.7 percent of the county population. 

Last week, the state released an action plan focusing on vaccination, specifically the role of local health jurisdictions in administering booster shots. 

Regarding the population under 12 years old, Pfizer has submitted a request to FDA for emergency use authorization of the group. Hence, the agency expects late fall and early winter for the authorization.

He stressed the need for cooperation between pediatricians and parents. 

Then, he clarified that the health officer order that requires vaccination providers to ask people for their mobile phone number and email address is solely for data verification. 

Director Lutz recommended residents get flu shots alongside the COVID vaccine. 

The board (4-0) unanimously approved items #5-25. Supervisor Shuklian was absent. 

#5 Resolution to update the Tulare County Park Hours schedule

#6 Contract for the Woodville Park Community Forest Establishment Project to the lowest responsible and responsive bidder, Quality Landscape Construction, Inc., in an amount not to exceed $327,000.00. 

#7 Agreement with Central Valley Recovery Services, Inc. for substance abuse residential, outpatient, intensive outpatient, and transitional services, in an amount not to exceed $2,777,375, retroactive from July 1, 2021, through June 30, 2022. 

#8 Agreement with the California Department of Health Care Services to provide Drug Medi-Cal Organized Delivery System services for Substance Use Disorder treatment, in an amount not to exceed $46,613,400, retroactive from July 1, 2021, through June 30, 2024. 

#9 Agreement with California Mental Health Services Authority to participate in the Electronic Health Records Program, in an amount not to exceed $100,000, retroactive from July 1, 2021, through May 31, 2022. 

#10 Agreement with Addiction Research and Treatment, Inc., dba BAART for the provision of opioid treatment program services, in an amount not to exceed $4,751,000, retroactive from July 1, 2021, through June 30, 2022. 

#11. Reaffirm a Local Health Emergency declaration due to the Sequoia Complex Fire, Resolution No. 2020-0667. 

#12. Agreement with Valley Health Team, Inc. for vaccine administration, in an amount not to exceed $150,000, effective upon execution of this agreement and ending upon the termination of both the State COVID-19 Public Health Emergency Declaration and the Local COVID-19 Public Health Emergency Declaration. 

#13 Agreement with Turning Point of Central California, Inc. for the North County OneStop Center, in an amount not to exceed $700,000, retroactive from July 1, 2021, through June 30, 2022. 

#14 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, 2021, through June 30, 2022. 

#15 Agreement with Golden State Health Centers, Inc. dba Sylmar Health and Rehabilitation Center, for the provision of long-term mental health services, a skilled nursing facility, in an amount not to exceed $2,600,000, retroactive from July 1, 2021, through June 30, 2023. 

#16. Ratify and confirm all emergency evacuation orders and any orders modifying or rescinding evacuation orders issued by the Director of Emergency Services or successor, effective September 21, 2021, through September 28, 2021, related to the September Lightning Fires Local Emergency, proclaimed on September 12, 2021. 

#17 Approve the Certified Statement of Vote, as submitted by the Registrar of Voters, for the 2021 Ducor Water District Formation Election held on August 31, 2021.
#18 Adopt the Categorical Exemption prepared under the California Environmental Quality Act (CEQA) and State CEQA Guidelines per Section 15302 Replacement or Reconstruction (c) and Section 15300.4 Application by Public Agencies, for the Avenue 108 Lakeland Canal Bridge Project, ten miles northwest of the community of Pixley. 

#19 Approve the capital asset purchase of one vehicle to support the day-to-day operations of the Tulare County Sheriff’s Office Investigations Division, in an amount not to exceed $39,000, in the Fiscal Year 2021-22. Authorize the necessary budget adjustments (4/5ths vote required). 

#20 Capital asset purchase of two pathology examination and storage products, Kavo Nomad Pro 2 handheld X-ray system and Mopec LD500 ventilated tissue storage, to support the day-to-day operations of the Tulare County Sheriff’s Office Coroners Unit, not to exceed $18,000 in the Fiscal Year 2021-22.

Submission of a grant application for funding from the California Department of Alcohol Beverage Control retroactive from September 20, 2021, in an amount not to exceed $20,000, effective October 1, 2021, through August 31, 2022. 

#22 Capital asset purchase for three computers to be used in the Tulare County Sheriff’s Office Investigation Unit, in an amount not to exceed $21,000, in the Fiscal Year 2021-22. 

#23 Request from the General Services Agency to approve a Purchase Agreement with Escrow Instructions for the disposition of the real properties identified as Assessor’s Parcel No. 176- 062-014 located at 425 E. Kern in the City of Tulare and its non-adjacent parking area identified as Assessor’s Parcel No. 176-063-021 located on the east side of “N” Street to the City of Tulare for a sales price of $500,000. Authorize the General Services Agency Director, or designee, to open escrow and sign all documents to facilitate the escrow for this sale. 

Director Sisk urged the board to approve the purchase of the former Pixley Courthouse in Tulare.

The property has been vacant since August 2012 and was previously co-owned by the Judicial Council of California and Tulare County. 

They negotiated with the Judicial Council to “trade space” in the Visalia courthouse to get their equity share and the property. 

Mayor Mederos echoed that the purchase is a “win-win” solution, which provides additional parking. Then, he introduced the new city manager for Tulare, Mark Mondell. 

#24 Receive a presentation from the General Services Agency on proposed energy efficiency projects for select County-owned facilities. Direct staff to proceed with recommended energy efficiency projects. Select method of funding for recommended energy efficiency projects: Option 1: County Funded; Option 2: Tax-Exempt Lease Financing; Option 3: Taxable Lease Financing

Director Sisk said that in June 2019, ENGIE began an energy efficiency assessment of all county-owned facilities to identify building improvements that will reduce energy consumption. 

In November 2019, the ENGIE proposal involved a combination of solar, upgraded lighting, and HVAC on more than seven county-owned facilities, which cost $30 million. 

General Service Agency staff consulted with ARC Alternatives to reduce scope to $10 million, focusing on the last Project facilities. 

Ashu Jain, a representative from ENGIE, looks at air conditioning, retrofitting lighting to LED, and solar. 

He stated that the projects would be as follows: 

  • Create $4.7 million in net savings over the life of the program after paying for all costs

  • Reduce the electricity spend of these facilities by 45%

  • Hedge against rising energy costs

  • Utilize project savings to replace HVAC equipment

  • Provide shaded parking for staff and visitors

  • Improved lighting quality for employees and community members

  • Provide more reliable and cost-effective air conditioning systems

  • Save maintenance staff’s time with long-life LED lighting, new HVAC equipment, and upgraded Energy Management System

  • Save administrative time by accomplishing multiple projects simultaneously

  • Stimulate local economy and provide local jobs

  • Substantial environmental benefits – equivalent to removing 492 cars off the highways annually

Curtis Schmitt, representing ARC Alternatives, validated findings by ENGIE. 

Chief Deputy County Counsel Jeffrey Kuhn said that if the board finds that the contract serves the county’s interests and results in a net cost of electricity savings, Government Code §§ 4217.10 and 4217.18 allow County to enter into a sole source, no-bid “Energy Service Contract.

County Financial Advisor Bobby Chung from KNN Public Finance expounded on the various options as follows:

  • Option 1 The county will fund the Project directly with existing resources, without external financing. Countyunty will not incur interest yet not reclaim part of the cost.

  • Option 2: The county will fund the Project through tax-exempt direct purchase financing. The financing will have a lower interest rate of 2.26 percent and ensure the preservation of resources. However, funding can claim a county facility for the project duration. 

  • Option 3: The county will fund the Project through taxable lease financing. However, funding can claim a county facility for the project duration. Countyunty can reclaim costs and preserve resources but have a high-interest rate of 2.8 percent.

The board (4-0) unanimously approved Option 3. Supervisor Shuklian was absent.  

Afterward, the closed session centered on the following items: 

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 open session agenda item on the presentation from the General Services Agency on proposed energy efficiency projects for select County-owned facilities. 

ITEM B Conference With Legal Counsel – Anticipated Litigation

Significant Exposure to Litigation (Government Code Section 54956.9(d)(2)) Number of Potential Cases: 1 

Threat of litigation made by counsel for the Dolores Huerta Foundation, Marguerite Melo, during the public comment period of September 9, 2021, Tulare County Advisory Committee on Supervisorial Redistricting meeting. 

The threat pertained to redrawing of supervisorial district maps based on the results of the 2020 Census. A video of the September 9, 2021 meeting is available at youtube.com/watch?v=0yL3U99-b2k.

ITEM C Conference With Legal Counsel – Anticipated Litigation

Significant Exposure to Litigation (Government Code Section 54956.9(d)(2)) Number of Potential Cases: 1 

ITEM D Conference With Real Property Negotiators

(Government Code Section 54956.8) Property Description: 8040 W. Doe Avenue, Visalia Agency Negotiators: Brooke Sisk, Laura Silva 

Negotiating Party or Parties: Guillon, Inc. 

Under Negotiation: Price and Terms of Payment.

ITEM E Conference With Real Property Negotiators

(Government Code Section 54956.8) 

Property Description: Tulare Courthouse, APN 176-062-014, and APN 176-063-021

Agency Negotiators: Brooke Sisk, Laura Silva 

Negotiating Party or Parties: City of Tulare Under 

Negotiation: Price and Terms of Payment 

ITEM F Conference With Real Property Negotiators

(Government Code Section 54956.8) 

Property Description: Harmon Field, APN 314-080-026 

Agency Negotiators: Reed Schenke, Michael Washam, Brooke Sisk, Laura Silva 

Negotiating Party or Parties: Valta Energy 

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: County of Tulare v. Adam Johnson et al., Tulare County Superior Court Case No. VCU288274 

ITEM H Discipline, Dismissal or Release Of A Public Employee 

(Government Code Section 54957) 

ITEM I Conference With Labor Negotiators 

(Government Code Section 54957.6) 

Agency Designated Representatives: Marie Dowdy and Shelline K. Bennett 

Employee Organizations: All Certified Employee Organizations 

Unrepresented Employees: All Unrepresented Employees

The meeting lasted until 10:36 am. The next board meeting will be on Tuesday, October 7, 2021, at 9:00 am through YouTube.

If you believe anything in these notes is inaccurate, please email us at Documenters-admin@thefresnoland.com with “Correction Request” in the subject line.

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