MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

PETE VANDER POEL

District Two

 

PHILLIP A. COX - Chairman

District Three

 

J. STEVEN WORTHLEY –

Vice Chairman

District Four

 

MIKE ENNIS

District Five

 

 

Board of Supervisors

 

Agenda

 

 

 

 

JEAN M. ROUSSEAU

County Administrator

 

KATHLEEN BALES-LANGE

County Counsel


MICHELLE BALDWIN

Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA  93291

(559) 636-5000

FAX (559) 733-6898


July 8, 2014

 

9:00 AM. Board Convenes

 

Board of Supervisors Chambers

2800 W. Burrel Avenue

Visalia, CA 93291

 

PLEDGE OF ALLEGIANCE

Moment of Silence

 

 

 

NOTICE TO THE PUBLIC

PUBLIC COMMENT PERIOD

At this time, 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.  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.


(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)

 

 

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.

 

 

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

 

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...