SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, March 13, :00 A.M. Note: Members of the Board of Supervisors may have an interest in certain contracts that the Board considers where the member holds a position on a non-profit corporation that supports the functions of the County. Supervisors are assigned to these positions as part of annual committee assignments by the Chairman of the Board. These interests include, with the Supervisor holding the position, the following: California State Association of Counties (Supervisors McQuiston and Maggard); Community Action Partnership of Kern (Supervisor Maggard); Kern County Network for Children (Supervisor Goh); Kern Economic Development Corporation (Supervisors Maggard, Watson, and Scrivner); Southern California Water Committee (Supervisors Watson and Maggard); and Tobacco Funding Corporation, Kern County (Supervisors Maggard and Scrivner). BOARD RECONVENED Supervisors: McQuiston, Scrivner, Maggard, Watson, Goh ROLL CALL: All Present SALUTE TO FLAG - Led by Vietnam Veteran Richard Barnett NOTE: The vote is displayed in bold below each item. For example, McQuiston-Watson denotes Supervisor McQuiston made the motion and Supervisor Watson seconded the motion. CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: ALL ITEMS LISTED WITH A "CA" OR "C" WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION. BOARD ACTION SHOWN IN CAPS NOTE: CHAIRMAN SCRIVNER DEDICATED A MOMENT OF SILENCE IN MEMORY OF COUNTY EMPLOYEE JAIMY GENTRY REPORT ON ACTIONS TAKEN IN CLOSED SESSION ON MONDAY, MARCH 12, 2012, AT KERN MEDICAL CENTER NO REPORTABLE ACTION TAKEN RESOLUTIONS/PROCLAMATIONS CA-1) Ratify retroactive Resolution honoring and commending the life and leadership of Vernon P. Valenzuela - ADOPTED RESOLUTION 2) Proclamation proclaiming 2012 as the "Year of the Girl" in Kern County in recognition of the 100th Anniversary of the Girl Scouts of the United States of America - PROCLAIMED; MADE PRESENTATION TO PAMELA MANN, DIRECTOR OF FUND DEVELOPMENT, GIRL SCOUTS OF CENTRAL CALIFORNIA SOUTH Goh-Watson: All Ayes

2 Summary of Proceedings Page 6 3) Proclamation proclaiming March 12-18, 2012 as Multiple Sclerosis Awareness Week in Kern County - PROCLAIMED; MADE PRESENTATION TO CHRISTINE GRONTKOWSKI, COMMUNITY DEVELOPMENT COORDINATOR, SAN JOAQUIN VALLEY REGION, MULTIPLE SCLEROSIS SOCIETY; CHRISTINE GRONTKOWSKI HEARD 4) Proclamation proclaiming March 12-16, 2012 as Adult Education Week in Kern County - PROCLAIMED; MADE PRESENTATION TO JODI LOEFFLER, ASSISTANT PRINCIPAL, AND JAN MINOT, COORDINATOR, BAKERSFIELD ADULT SCHOOL; JODI LOEFFLER HEARD Maggard-Goh: All Ayes 5) Proclamation proclaiming March 2012 as Professional Social Work Appreciation Month in Kern County - PROCLAIMED; MADE PRESENTATION TO PAT CHEADLE, DIRECTOR, DEPARTMENT OF HUMAN SERVICES, WHO INTRODUCED PROFESSIONAL SOCIAL WORK COLLEAGUES AND ACKNOWLEDGED SOCIAL WORKERS PRESENT McQuiston-Watson: All Ayes 6) Proclamation proclaiming March 18-24, 2012 as National Surveyors Week in Kern County - PROCLAIMED; MADE PRESENTATION TO KRISTIE ACHEE, LOCAL CHAPTER PRESIDENT, CALIFORNIA LAND SURVEYORS ASSOCIATION; CHUCK LACKEY, DIRECTOR, ENGINEERING, SURVEYING AND PERMIT SERVICES DEPARTMENT; DONNA FUJIHARA, ACTING COUNTY SURVEYOR; AND KRISTIE ACHEE, HEARD PUBLIC REQUESTS 7) Request of Ray Scott, Chairman, Greater Bakersfield Green Expo, to address the Board regarding results of the 2011 Bakersfield's Great American Clean Up and Greater Bakersfield Green Expo - HEARD PRESENTATION BY RAY SCOTT WHO ALSO ANNOUNCED THAT THE 2012 GREEN EXPO EXHIBIT AT THE BAKERSFIELD MUSEUM OF ART ON THURSDAY, APRIL 26, 2012 WILL BE DEDICATED IN MEMORY OF JAIMY GENTRY; BOARD MEMBERS EXPRESSED THEIR APPRECIATION FOR HER DEDICATED SERVICE TO THE COUNTY AND CONDOLENCES TO HER FAMILY 8) Request of Tom Corson, Executive Director, Kern County Network for Children, to present their annual report of Child Abuse Prevention Council activities - HEARD PRESENTATION BY TOM CORSON AND CLINTONA BYRD; RECEIVED AND FILED Maggard-McQuiston: All Ayes APPOINTMENTS CA-9) Reappointment of Bobbie Roberson, as At-large Member to the North of the River Recreation and Park District, term to expire at the Pleasure of the Board or December 20, MADE REAPPOINTMENT

3 Summary of Proceedings Page 7 CA-10) CA-11) CA-12) CA-13) Appointment of Owen Lee Carder III as At-large Member to the East Kern Cemetery District, term to expire March 11, MADE APPOINTMENT Reappointment of Larry Rhoades as Third District Member to the Children and Families Commission, term to expire March 31, MADE REAPPOINTMENT Appointments of Linda Hinojosa, replacing Peter Brandon, and William Nyitray as First District Community Representative Members to the Kern Health Systems Board of Directors, terms to expire June 30, 2013 and April 21, 2014, respectively - MADE APPOINTMENTS Reappointment of Doris Duquette, as Second District Member to the Commission on Aging, term to expire September 29, MADE REAPPOINTMENT PUBLIC PRESENTATIONS 14) This portion of the meeting is reserved for persons to address the Board on any matter not on this agenda but under the jurisdiction of the Board. Board members may respond briefly to statements made or questions posed. They may ask a question for clarification, make a referral to staff for factual information or request staff to report back to the Board at a later meeting. Also, the Board may take action to direct the staff to place a matter of business on a future agenda. SPEAKERS ARE LIMITED TO TWO MINUTES. PLEASE STATE AND SPELL YOUR NAME BEFORE MAKING YOUR PRESENTATION. THANK YOU! ARTURO REVELO HEARD REGARDING COMMUNITY PUBLIC WATER SYSTEM FAILURE NEAR LAMONT; SUPERVISOR GOH ASKED PUBLIC HEALTH SERVICES DIRECTOR MATT CONSTANTINE AND ENGINEERING, SURVEYING AND PERMIT SERVICES DIRECTOR CHUCK LACKEY TO RESPOND; MATT CONSTANTINE AND CHUCK LACKEY, HEARD RICHARD BARNETT HEARD REGARDING A VEHICLE-RELATED INCIDENT AND PRAISED SHERIFF S DEPUTIES AND TEHACHAPI SUBSTATION STAFF FOR THEIR ASSISTANCE BRIAN RONAN, PRESIDENT, KERN COUNTY PROBATION OFFICERS ASSOCIATION HEARD REGARDING ADDENDUM DOCUMENTATION TO LABOR UNION NEGOTIATION OFFER BOARD MEMBER ANNOUNCEMENTS OR REPORTS 15) On their own initiative, Board members may make an announcement or a report on their own activities. They may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda (Gov. Code Sec [a]) NO ONE HEARD

4 Summary of Proceedings Page 8 DEPARTMENTAL REQUESTS AIRPORTS CA-16) Proposed Ground Lease Agreement with the Norman & Sallie Howard Family Trust for a 20-year term, for Hangar Site 12D at Meadows Field Airport (Fiscal Impact: $400; Airports Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT ; MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; DIRECTED CLERK OF THE BOARD TO FILE NOTICE OF EXEMPTION IF REQUESTED BY THE DIRECTOR OF AIRPORTS CA-17) Proposed retroactive License Agreement with U.S. Department of Commerce, National Oceanic and Atmospheric Administration for a Weather Reporting System at Meadows Field Airport from March 2, 2010 through March 1, 2025 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT ; MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; DIRECTED CLERK OF THE BOARD TO FILE NOTICE OF EXEMPTION, IF REQUESTED BY THE DIRECTOR OF AIRPORTS ASSESSOR-RECORDER CA-18) Unusual travel request for Jeremy Burton, IT Programmer II, to attend an AS240 Systems Operator Workshop in Costa Mesa, California, from April 9, 2012 through April 13, 2012, in an amount not to exceed $4,819 (Fiscal Impact: $4,819; Modernization Special Purpose Fund: Budgeted; Discretionary) - APPROVED AUDITOR-CONTROLLER-COUNTY CLERK CA-19) CA-20) Resolution from the City of California City requesting the Elections Official to conduct its Special Municipal Election to be held June 5, 2012 (Fiscal Impact: None) - AUTHORIZED ELECTIONS OFFICE TO CONDUCT THE ELECTION AS REQUESTED Resolution from the City of Ridgecrest requesting the Elections Official to conduct its General Municipal Election to be held June 5, 2012 (Fiscal Impact: None) - AUTHORIZED ELECTIONS OFFICE TO CONDUCT THE ELECTION AS REQUESTED COUNTY ADMINISTRATIVE OFFICE 21) Resolution approving associate membership by the County in the California Enterprise Development Authority and authorizing and directing the execution of an Associate Membership Agreement relating to Associate Membership of the County in the Authority (Fiscal Impact: None) - ROSS STOUT, FIGTREE ENERGY RESOURCE COMPANY, HEARD; APPROVED; ADOPTED RESOLUTION

5 Summary of Proceedings Page 9 22) Resolution authorizing the County to join the California Property Assessed Clean Energy (PACE) program, authorizing the California Enterprise Development Authority to conduct contractual assessment proceedings and levy contractual assessments within the territory of the County of Kern, and authorizing related actions (Fiscal Impact: None) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; APPROVED; ADOPTED RESOLUTION NOTE: ITEM NOS. 23 AND 27 WERE HEARD CONCURRENTLY 23) Response to September 27, 2011 referral regarding seasonal unemployment and impacts on local services (Fiscal Impact: None) - DIRECTED COUNTY ADMINISTRATIVE OFFICE AND EMPLOYERS' TRAINING RESOURCE TO COORDINATE A MEETING WITH KERN ECONOMIC DEVELOPMENT CORPORATION TO EXPLORE ALTERNATIVES IN ADDRESSING SEASONAL WORKER UNEMPLOYMENT COUNTY COUNSEL CA-24) Requests of Aging and Adult Services and Sheriff's Office for authorization to destroy records no longer necessary or required for County purposes and eligible for destruction (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN CA-25) Report on Board option to submit arguments regarding county ballot measures qualified for the June 5, 2012 primary election (Fiscal Impact: None) - DIRECTED STAFF TO PREPARE; AUTHORIZED CHAIRMAN OR ANY BOARD MEMBER TO SIGN DISTRICT ATTORNEY CA-26) Unusual travel request for District Attorney Investigator Jared Kadel to attend an Investigation and Trial Preparation Course in Roseville, California, from April 2, 2012 through April 13, 2012, in an amount not to exceed $2,400, State to reimburse for lodging, meals, and mileage (Fiscal Impact: $2,400; Budgeted; Mandated) - APPROVED EMPLOYERS TRAINING RESOURCE NOTE: ITEM NOS. 23 AND 27 WERE HEARD CONCURRENTLY 27) Response to September 27, 2011 referral regarding impacts of seasonal workers on Kern County unemployment levels (Fiscal Impact: None) - RECEIVED AND FILED CA-28) Proposed Amendment No. 1 to Agreement with Central Storage Truck School to add Debarment and Suspension, Drug Free Workplace and Nondiscrimination provisions from August 2, 2011 through June 30, 2012 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

6 Summary of Proceedings Page 10 CA-29) Proposed Amendment No. 3 to Agreement with John Lopez Welding School to increase funding by $72,950 for job training in welding and safety/helper, for a new total funding level not to exceed $170,000 (Fiscal Impact: $72,950; Federal Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-30) Proposed Amendment No. 1 to Agreement with Kern Regional Center amending the Statement of Work to expand eligibility standards for disabled adult residents (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-31) Proposed retroactive Agreement with La Cooperativa Campesina de California for a Dislocated Agricultural Worker program from October 1, 2011 through September 30, 2012, in an amount not to exceed $241,645 (Fiscal Impact: $181,234; State Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT FIRE DEPARTMENT CA-32) Request approval for sole source procurement of specialized camera equipment, software and training from Orator Plus, Inc., in an amount not to exceed $60,000 (Fiscal Impact: $60,000; Homeland Security Grant; Budgeted; Discretionary) - APPROVED LIBRARY CA-33) Request to accept retroactive General Operating Support Grant Agreement from California Endowment for library materials, containing non-standard terms and conditions, from February 15, 2012 through August 14, 2013, in the amount of $10,000, and to appropriate unanticipated revenue in the amount of $10,000 (Fiscal Impact: $10,000; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED INTERIM DIRECTOR OF LIBRARIES TO SIGN ALL APPLICABLE DOCUMENTS SUBJECT TO APPROVAL AS TO FORM BY COUNTY COUNSEL; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS MENTAL HEALTH SERVICES CA-34) Proposed Amendment No. 1 to Agreement with Robin M. Walters to increase maximum compensation by $1,000 due to increase in certification review hearings, for a new total not to exceed amount of $11,000 (Fiscal Impact: $1,000; Realignment; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

7 Summary of Proceedings Page 11 CA-35) Proposed Amendment No. 1 to Agreement with College Community Services to include description and standards of services for Low Income Health Plan and to increase maximum compensation due to increase of service levels by $153,683, for a new total not to exceed amount of $647,184 (Fiscal Impact: $153,683; LIHP/Parole Services Network/AB109; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT PROBATION CA-36) CA-37) Request to employ retired County employee, James O'Harra, as a Juvenile Corrections Officer III, Step E, for a period not to exceed 120 working days or 960 hours, whichever is greater, in the 12-month period following date of employment (Fiscal Impact: $17,156; Budgeted; Discretionary) - APPROVED Proposed Urgency Ordinance to withdraw previous designation of Chief Probation Officer as sole Correctional Administrator and co-designate the Sheriff and the Chief Probation Officer as Correctional Administrators for their respective programs through the addition of Sections through to Chapter 2.77, Title 2 of the Kern County Ordinance Code (Fiscal Impact: None) - WAIVED READING; ENACTED URGENCY ORDINANCE G-8258 PUBLIC HEALTH SERVICES 38) Appeal by Norman Adelpour to contest decision of the Director of Public Health Services to uphold the Tobacco Retailers Permit suspension (Fiscal Impact: None) - OPENED HEARING; NORMAN ADELPOUR HEARD; CLOSED HEARING BOARD RECESSED FOR FIVE MINUTES BOARD RECONVENED WITH ALL MEMBERS PRESENT NORMAN ADELPOUR HEARD; RECEIVED AND FILED DOCUMENT; UPHELD APPEAL 39) Request to transfer $429,818 from Appropriations for Contingencies and seek direction regarding options to address delayed payment from the State for the California Children Services (CCS) program (continued from February 28, 2012) (Fiscal Impact: $429,818; Budgeted; Mandated) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS; DIRECTED PUBLIC HEALTH SERVICES TO REQUEST LEGISLATIVE ASSISTANCE AND INVESTIGATE LEGAL ACTION IN COLLABORATION WITH OTHER COUNTIES, AND BRING BACK A STATUS REPORT ON TUESDAY, MARCH 27, 2012, AT 9:00 A.M. McQuiston-Watson: All Ayes

8 Summary of Proceedings Page 12 RETIREMENT ASSOCIATION CA-40) Request to employ retired County employee, Wanda Castro, as a Retirement Services Representative II, Step E, for a period not to exceed 120 working days or 960 hours, whichever is greater, in the 12-month period following date of employment (Fiscal Impact: $25,384; KCERA: Budgeted; Discretionary) - APPROVED SHERIFF CA-41) CA-42) CA-43) CA-44) CA-45) CA-46) Request authorization for Sheriff's Office to sell duty weapons valued at less than $500 each (Fiscal Impact: $750 Revenue; Not Budgeted; Discretionary) - MADE FINDING THAT WEAPONS LISTED ARE VALUED AT LESS THAN $500 EACH; AUTHORIZED SALE Unusual travel request for Sheriff's Dispatch Supervisor Vanessa Ahl to attend the Dispatch Supervisor Course in San Jose, California, from April 15, 2012 through April 27, 2012, in an amount not to exceed $2,172 (Fiscal Impact: $2,172; Budgeted; Discretionary) - APPROVED Request for approval of mid-year fixed asset acquisition of CLETS server equipment, in an amount not to exceed $46,100 (Fiscal Impact: $46,100; Not Budgeted; Discretionary) - APPROVED Proposed sole source retroactive Agreement with R. Bruce Walker, Ed.D., Inc., for psychological screening services from January 1, 2012 to June 30, 2012, in an amount not to exceed $35,000 (Fiscal Impact: $35,000; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT Request to employ retired County employee, Randall Turman, as a Deputy Sheriff, Step E, for a period not to exceed 120 working days or 960 hours, whichever is greater, in the 12-month period following date of employment (Fiscal Impact: $22,022; Budgeted; Discretionary) - APPROVED Application to hold a parade - Saint Augustine Church for Annual Stations of the Cross (Live Play) on April 6, 2012 in Lamont (Fiscal Impact: None) - FOUND THAT SHERIFF HAS NOTED HIS APPROVAL ON PERMIT AND THAT EVENT WILL NOT RESULT IN UNDUE OR UNMANAGEABLE OBSTRUCTION OR HINDRANCE OF TRAFFIC ON HIGHWAY WHERE IT IS TO BE HELD; WILL NOT LEAD TO BREACH OF THE PEACE, PROPERTY DAMAGE, OR OTHER DISORDERLY OR UNLAWFUL CONDUCT; WILL NOT CONFLICT WITH OTHER EVENTS PREVIOUSLY GRANTED PERMITS, AND THAT SHERIFF HAS FACILITIES TO PROPERLY SUPERVISE EVENT; APPROVED; AUTHORIZED CHAIRMAN TO SIGN ADJOURNED TO CLOSED SESSION Maggard

9 Summary of Proceedings Page 13 CLOSED SESSION (If public reporting is required by Government Code Section relating to the following matter(s), the public reporting of any action taken in closed session will be made at the beginning of the next session of the Board of Supervisors.) COUNTY ADMINISTRATIVE OFFICE 47) Request for Closed Session regarding conference with designated labor negotiators, County Administrative Officer, John Nilon, and designated staff - Employee organizations: Kern County Detention Officers Association, Kern County Fire Fighters Union, Kern Law Enforcement Association, Kern County Probation Managers Association, Kern County Probation Officers Association, Kern County Prosecutors Association, Kern County Sheriff Command Association, Kern County Sheriff Command Association II, Service Employees International Union Local 521, Union of American Physicians and Dentists (Government Code Section ) - NO REPORTABLE ACTION TAKEN 48) Request for Closed Session regarding conference concerning the agreement with the City of Bakersfield for 201 South Mount Vernon Avenue, Bakersfield; with real property negotiators John Nilon, County Administrative Officer, or his designee, grant authority to the negotiators on price, terms of payment and conditions of a lease (Government Code Section ) - NO REPORTABLE ACTION TAKEN 49) Request for Closed Session regarding public employee recruitment -Title: Fire Chief (Government Code section 54957) - NO REPORTABLE ACTION TAKEN 50) Request for Closed Session regarding public employee recruitment - Title: Veterans' Service Officer (Government Code section 54957) - SEE RESULTS OF CLOSED SESSION AT BEGINNING OF 2:00 P.M. SESSION 51) Request for Closed Session regarding public employee performance evaluation - Title: Interim Fire Chief (Government Code Section 54957) - NO REPORTABLE ACTION TAKEN 52) Request for Closed Session regarding public employee performance evaluation - Title: County Administrative Officer (Government Code Section 54957) - NO REPORTABLE ACTION TAKEN COUNTY COUNSEL 53) Request for Closed Session regarding a lawsuit entitled McCue v. South Fork Union School District, et al. USDC(E) 1:10-CV LJO MJS (Government Code Section (a)) - SEE RESULTS OF CLOSED SESSION AT BEGINNING OF 2:00 P.M. SESSION 54) Request for Closed Session regarding a lawsuit entitled Michael Fagan v. County of Kern, WCAB Case No. ADJ (Government Code Section (a)) - SEE RESULTS OF CLOSED SESSION AT BEGINNING OF 2:00 P.M. SESSION

10 Summary of Proceedings Page 14 RECONVENED FROM CLOSED SESSION; RECESSED TO 2:00 P.M. Watson-Goh /s/ Kathleen Krause Clerk of the Board /s/ Zack Scrivner Chairman, Board of Supervisors