(Public Comment Period)
1.
Board
of Supervisors matters.
2.
Recognize
Peg Yeates, Tulare County Information and Communications Technology, for her
achievement in earning the Certified Government Information Officer
Designation.
3.
Recognize
the Auditor-Controller's Office for receiving a "Certificate of
Achievement for Excellence in Financial Reporting" from the Government
Finance Officers Association for their Comprehensive Annual Financial Report
(CAFR).
4.
Presentation
given by Tulare County Agricultural Commissioner/Sealer regarding the 2013
Tulare County Agricultural Crop and Livestock Report.
5.
Public
Comments.
9:30 A.M. – TIMED ITEMS
(Timed Items)
6.
PUBLIC
HEARING: Request from Health and Human
Services Agency to conduct a Public Hearing regarding the proposed closure and
transition of services from the Visalia Health Center Pharmacy. Independently review and approve the Notice
of Exemption as the appropriate environmental review documents for the closure
of pharmacy services. Approve the Notice
of Exemption to the California Environmental Quality Act (CEQA) and the State
CEQA Guidelines pursuant to the "general rule" or "common
sense" exemption on the ground that it can be seen with certainty that
there is no possibility that the activity may have a significant effect on the
environment [14 Cal. Code Regulations, §15061, subdivision (b)(3)] as a result
of the proposed project encompassing the closure of pharmacy services for
indigent patients at the Visalia Health Center Pharmacy located at 2611 N.
Dinuba Boulevard, Visalia. Authorize the
Environmental Assessment Officer, or designee, of the Tulare County Resource
Management Agency to file the Notice of Exemption and any other documents
associated with the approval of this project with the Tulare County Clerk and
any other affected agency. Adopt the
Proposed Resolution regarding Beilenson Hearing (Attachment C) and direct staff
to close and transition pharmacy services from the Visalia Health Center
Pharmacy.
(Consent Calendar)
CONSENT CALENDAR (Number 7 through 41)
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NOTICE TO THE PUBLIC
Background information
has been provided to the board on all matters listed under the Consent
Agenda, and these items are considered to be routine by the Board. All items under the Consent Agenda are
normally approved by one motion. If
discussion is requested by any Board member or member of the public on any
item, that item will be removed from the Consent Agenda for separate action
if required.
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Agricultural Commissioner/Sealer
7.
Approve
an agreement with the California Department of Food and Agriculture to provide
State funding of $20,000.08 to offset costs of providing fruit and vegetable
inspection services for the State Standardization Program, retroactive to July
1, 2014 through June 30, 2015. Find that
the Board has authority to enter into the proposed agreement as of July 1,
2014, and that it is in the County's best interest to enter into the agreement
on that date.
8.
Approve
an Agreement with the California Department of Food and Agriculture for
providing State subvention in the amount of $7,346.24 to offset costs
associated with providing enforcement of the California Food and Agriculture
Code pertaining to high risk shipments of plant material and bees. Find that the Board has authority to enter
into the proposed Agreement as of July 1, 2014 and that it is in the County's
best interest to enter into the Agreement on that date.
Board of Supervisors
9.
Appoint
Cindy Prah, Member 16 - Environmental Health Director to the Tulare County
Agricultural Advisory Committee to serve Tenure.
10.
Appoint
Kirk Coverston, M.D. - Health Care to the Community Health Center Board for a
term ending April 18, 2018.
11.
Reappoint
Michael D. George, Director to the Tulare County Pest Control District for a
term ending April 23, 2018.
12.
Reappoint
Yonok Warson, District 1 - Seat 1 and Krystle Contreras, District 5 - Seat 1 to
the Tulare County Youth Commission for terms ending June 30, 2017.
13.
Reappoint
Darlene Kilmartin, Seat 8 - Non-Relative Provider and Ronald Allan, Seat 4 -
Consumer to the In-Home Supportive Services Advisory Committee for terms ending
June 30, 2017.
14.
Reappoint/Appoint
Karen Ball - Agency Representative, Sherri Glenn - Community Representative,
and Marie Labbee, Agency Representative to the Tulare County Council on Child
& Youth Development for terms ending June 30, 2016.
15.
Appoint
Dr. David Wood, At-Large Member - Seat 10 to the Tulare County Mental Health
Board for a term ending December 30, 2016.
County Administrative Office
16.
Approve
a Resolution regarding the San Joaquin River Restoration Settlement and Central
Valley Project Water Allocations.
17.
Transfer
administrative expenses from the Utilities Fund (081-081) to the General
Services Department (001-087), retroactive to June 30, 2014. Approved the necessary budget adjustments
(4/5ths vote required).
18.
Approve
a Personnel Resolution reclassifying Position No. 7580 from an Associate
Regional Planner to a Senior Regional Planner, subject to meet and confer with
the affected Bargaining Unit.
District Attorney
19.
Approve
an agreement with the California Emergency Management Agency in the amount of
$290,123 to provide continuing funding for the Victim/Witness Assistance
Program for the period July 1, 2014 through June 30, 2015. Authorize the Chairman to sign the Grant
Award Face Sheet and the Certification of Assurance of Compliance.
Health & Human Services Agency
20.
Reaffirm
Resolution No. 2014-0090 declaring a Local Emergency due to Drought in Tulare
County adopted February 4, 2014.
21.
Waive
the second reading and adopt an ordinance amending Section 1970 of Article 21
of Chapter 3 of Part I of the Tulare County Ordinance Code, pertaining to the
Consumer Board Member terms of the Tulare County Community Health Center Board
(CHCB). Direct the Clerk to publish the ordinance and post a full copy of the
ordinance after adoption, as required by law.
22.
Approve
an amendment to Agreement No. 23165 with the Department of Health Care Services
to increase the agreement for Fiscal Year 2013/2014 by $545,712 from
$16,722,043 to $17,267,755 for a new multi-year contract total of $17,267,755
for combined Drug/Medi-Cal (D/MC) and Net Negotiated Funds to provide Substance
Use Disorder services, retroactive to July 1, 2013 through June 30, 2014. Find that the Board had authority to enter
into the proposed amendment as of July 1, 2013, and that it was in the County's
best interest to enter into the amendment on that date.
23.
Approve
an addendum to the Memorandum of Understanding (MOU) between Health Net and
Tulare County Health and Human Services for the Mental Health Plan, retroactive
to January 1, 2014. Find that the Board
had authority to enter into the proposed addendum as of January 1, 2014, and
that it was in the County's best interest to enter into the agreement on that
date.
24.
Approve
an agreement with Tulare Youth Services Bureau, Inc. for the provision of
mental health services to Tulare County adolescents and children in an amount
not to exceed $4,750,000, retroactive to July 1, 2014 through June 30, 2015. Find
that the Board had authority to enter into the proposed agreement as of July 1,
2014, and that it was in the County's best interest to enter into the agreement
on that date.
25.
Approve
an agreement with Ralph Agnello, Attorney at Law, to provide Hearing Officer
Services for Certification and Riese Hearings in an amount not to exceed
$175,000, retroactive to July 1, 2014 through June 30, 2015. Find that the
Board had authority to enter into the proposed agreement as of July 1, 2014,
and that it was in the County's best interest to enter into the agreement on
that date.
26.
Approve
an agreement with Tulare County Superintendent of Schools in an amount not to
exceed $159,410 for the provision of the Preschool Expulsion Reduction Program,
retroactive from July 1, 2014 through June 30, 2015. Find that the Board had
authority to enter into the proposed agreement as of July 1, 2014, and that it
was in the County's best interest to enter into the agreement on that date.
27.
Approve
an agreement with Tulare Youth Service Bureau, Inc. in an amount not to exceed
$108,890 to provide the Family Interaction Program, retroactive from July 1,
2014 through June 30, 2015. Find that the Board had authority to enter into the
proposed agreement as of July 1, 2014, and that it was in the County's best
interest to enter into the agreement on that date.
28.
Approve
the acceptance of $46,459 in additional funding from the Governor's Office of
Emergency Services for the Fiscal Year 2013 Emergency Management Performance
Grant. Approve the adjustment in the
capital asset line and authorize the capital asset purchase of a compact track
loader in an amount not to exceed $99,000. Approve the necessary budget
adjustments (4/5ths vote required).
Human Resources & Development
29.
Approve
the Proposed Memorandum of Understanding with the Tulare County District
Attorney Investigators Association, Bargaining Unit #5, retroactive to July 1,
2014 through June 30, 2015. Find that
the Board had authority to enter into the proposed Memorandum of Understanding
as of July 1, 2014, and that it was in the County's best interest to enter into
the Memorandum of Understanding on that date.
30.
Approve
a Memorandum of Understanding between the County of Tulare and the Tulare
County Professional Firefighters Association, Bargaining Unit #23, retroactive
to July 1, 2014 through June 30, 2015.
Find that the Board had authority to enter into the proposed Memorandum
of Understanding as of July 1, 2014, and that it was in the County's best
interest to enter into the Memorandum of Understanding on that date.
Resource Management Agency
31.
Authorize
the filing of Notices of Partial Non-Renewal for the following Land
Conservation Contracts as provided in the Williamson Act. The request fulfills
conditions resulting from the approval of three tentative parcel maps. PNR
12-014 - Williamson Act Contract No. 3872, Ag Preserve No. 872, located on the south
side of Avenue 384, east of Road 80, south of Dinuba (Scott Belknap) (1.52
acres to be non-renewed as a condition of PPM 11-043), 41.42 acres in two
parcels subject to contract amendment. PNR 14-010 - Williamson Act Contract No.
06191, Ag Preserve No. 1844, located on the west side of Road 56, north of
Avenue 400, northwest of Delft Colony (Raymond Goossen and Mary June Goossen)
(1.12 acres to be non-renewed as a condition of PPM 14-004), 38.34 acres in two
parcels subject to contract amendment. Approve the execution of amendments to
the Land Conservation Contracts as conditions of approval for the
aforementioned partial non-renewals. PNR 14-011 - Williamson Act Contract No.
5512, Ag Preserve No. 2056, located on the north side of Avenue 269 (Touhy), east
of Road 188 (Belmont) , south of Exeter (Roy Plumlee) (1.01 acre to be
non-renewed as a condition of PPM 14-010), 26.03 acres in one parcel subject to
contract amendment.
32.
Approve
an agreement with Dennis R. Keller and James H. Wegley, Consulting Engineers
for consultant services.
33.
Approve
an agreement with the Lindsay-Strathmore Irrigation District and the Strathmore
Public Utility District for the transfer and conveyance of water, subject to
review and approval as to form by County Counsel. Authorize the Resource Management Agency and
Dennis R. Keller to take necessary actions to comply with the provisions of the
Agreement.
34.
Approve
the 2014/2015 Transit Agreement with the City of Porterville for the City to
provide transit service to County of Tulare residents, retroactive to July 1,
2014 through June 30, 2015. Find that
the Board had authority to enter into the proposed agreement as of July 1,
2014, and that it was in the County's best interest to enter into the agreement
on that date.
35.
Approve
and award the contract to the lowest responsive and responsible bidder, Lee's
Paving Inc. of Visalia in the amount of
$809,772.90 for construction of the Traffic Signal at Avenue 295 and
Road 156 and Avenue 296 and Road 156 Project. Authorize the Chairman 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 of $81,000 (10%) to cover unexpected construction conditions.
36.
Approve
the submittal of two Federal Transit Administration Section 5309 Bus and Bus
Facilities Program (Ladders of Opportunity Initiative) grant applications to
purchase three (3) buses and to fund the construction of a new Transit
Operations and Maintenance Facility.
37.
Approve
an agreement with the California Department of Public Health in the amount of
$78,500 to meet safe drinking water standards in the Seville area, subject to
review and approval as to form by County Counsel. Authorize the Chairman of the
Board to sign the Funding Agreement, and any amendments thereto, from the
California Department of Public Health for the Seville water system. Designate the Interim Assistant
Director-Public Works, a registered engineer, to perform the following: a)
Serve as Grant Administrator; b) Approve claims for reimbursement; c) Sign the
project's Budget and Expenditure Summary; d) Sign the Certification of Project
Completion; and e) Sign the Final Release Form.
Authorize the Tulare County Auditor to make the necessary budget
adjustments, establishing a separate budget line that includes the project and
funding agreement numbers (4/5ths vote required). Authorize the Purchasing Agent to waive the
Bid Process and make the Sole Source Purchase by Water Dynamics, Inc. for
project construction.
38.
Approve
application submittal to the State Water Resources Control Board for Clean-Up
and Abatement Account Interim Emergency Drinking Water Drought Funds for
$45,000 to purchase emergency bottled drinking water for residents of the
community of Seville, retroactive to July 2, 2014. Certify that the County had the authority to
submit the application and that it was in the County's best interest to submit
the application on that date. Authorize
and direct the County Administrative Officer, or designee, to act on the
County's behalf in all matters pertaining to this application. Authorize and direct the Chairman of the
Board to enter into and sign the Funding Agreement, and any subsequent
amendments thereto, with the State of California for the purpose of this grant,
subject to County Counsel approval as to form.
Authorize and direct the Resource Management Agency Interim Assistant
Director - Public Works to perform the following: a) Serve as Grant
Administrator; b) Sign Funds Requests for Reimbursement; c) Sign the Project's
Budget and Expenditure Summary; d) Sign the Certification of Project
Completions; and e) Sign the Final Release Form. Approve the necessary budget adjustments
(4/5ths vote required).
Sheriff/Coroner
39.
Approve
the necessary budget adjustments to the Sheriff's Fiscal Year 2013/14 operating
budget (4/5ths vote required).
40.
Approve
amendments to the following Agreements:
26220 - Alpaugh Unified School District; 26221 - Earlimart School
District; and 26222 - Pixley Union School District to provide a School Resource
Officer to rotate between these districts in the amount of $23,091 for each
agreement, retroactive to July 1, 2014 through June 30, 2015.
41.
Approve
an amendment to Agreement No. 26188 with the Visalia Unified School District in
the amount of $63,646 to provide a School Resource Officer at Charter
Alternatives Academy from August 14, 2014, through June 5, 2015.
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
42.
Presentation
given by Health & Human Services Agency regarding the Pharmacy closure and
contracting services. Approve the following services agreement: a) 340B Pharmacy Services Agreement with Rite
Aid Headquarters Corporation to provide 340B Pharmacy; b) Pharmacy Services Agreement with Rite Aid
Headquarters Corporation to provide pharmacy services to Health & Human
Services Agency; and c) 340B Third Party Administrator Pharmacy Services
Agreement with NEC Networks LLC, d.b.a. CaptureRx to provide third party
administrator pharmacy. Approve the sale
of the Visalia Health Care Center Pharmacy assets (medical and office
equipment) to interested parties as appraised by the Purchasing Agent. Direct
Staff to implement the necessary notification of patients, clients and other
appropriate parties, and establish and implement medical record transition plans
for pharmacy services. Direct Health and Human Services Agency and Human
Resources & Development to initiate the County's layoff process affecting
HHSA Pharmacy staff, the issuance of notices of layoff effective August 31,
meeting and conferring with the affected unions, and authorize HHSA and HRD to
continue with the layoff processes. Approve the Personnel Resolution to delete
the following classifications, and allow the HRD Director authority to extend
layoff dates for the purpose of transitioning pharmacy related services to
other units and/or staff: Pharmacy Technician, Pharmacist I, Pharmacist II.
(Closed Session)
CLOSED SESSION
|
NOTICE TO THE PUBLIC
CLOSED SESSIONS
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 the closed session will be made in accordance with Government Code
sections 54957.1
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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
Details
Significant
Exposure to Litigation
[Government
Code Section 54956.9(d)(2)]
Number of
Potential Cases: 1
Related to
Open Session Item No. 37 & 38
Next Item(s)
Sitting as...
ITEM
B
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of
Potential Cases: 1
Beilenson
Hearing regarding the proposed closure and transition of services from the
Visalia Health Center Pharmacy
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9(d)(1)]
Name of
Case: Phillip Deal v. County of Tulare
Workers’
Compensation Appeals Board Number ADJ2098515
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9(d)(1)]
Name of
Case: Rodney Esser v. County of Tulare
Workers’
Compensation Appeals Board Number ADJ4554979
Next Item(s)
Sitting as...
ITEM
E
CONFERENCE WTIH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9(d)(1)]
Name of
Case: Dennis McElhaney v. County of
Tulare
Workers’
Compensation Appeals Board Number ADJ8427968
Next Item(s)
Sitting as...
ITEM
F
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9(d)(1)]
Name of
Case: Silverio A. Barrios vs. County of
Tulare, et al
USDC
Eastern District Case No. 1:13-CV1665 ASI GSA
Next Item(s)
Sitting as...
ITEM
G
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9(d)(1)]
Name of
Case: James Hall v. County of Tulare, et
al
Tulare
County Superior Court Case No. 255090
Next Item(s)
Sitting as...
ITEM
H
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation [Government Code Section 54956.9(d)(2)]
Number of
Potential Cases: 1
Next Item(s)
Sitting as...
ITEM
I
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9(d)(1)]
Name of
Case: Case name unspecified to protect
existing settlement negotiations
Next Item(s)
Sitting as...
ITEM
J
CONFERENCE WTIH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9(d)(1)]
Name of
Case: Case name unspecified to protect
existing settlement negotiations
Next Item(s)
Sitting as...
ITEM
K
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
[Government
Code Section 54956.9(d)(1)]
Name of
Case: SEIU Local 521 v. County of Tulare
Public
Employment Relations Board Charge No. SA-CE-827-M
Next Item(s)
Sitting as...
ITEM
L
CONFERENCE WITH LEGAL
COUNSEL - INITIATION OF LITIGATION
Details
[Government
Code Section 54956.9(d)(4)]
Number of
Potential Cases: 1
Next Item(s)
Sitting as...
ITEM
M
CONFERENCE WITH LABOR
NEGOTIATOR
Details
(Government
Code Section 54957.6)
Agency
Designated Representative: Rhonda Sjostrom, Jean M. Rousseau
Employee
Organization: All Certified Employee
Organizations
Next Item(s)
Sitting as...
