SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, September 22, :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 Perez and Gleason); Community Action Partnership of Kern (Supervisor Maggard); Kern County Network for Children (Supervisor Gleason); Kern Economic Development Corporation (Supervisors Maggard, Scrivner, and Perez); Southern California Water Committee (Supervisors Couch and Maggard); and Tobacco Funding Corporation, Kern County (Supervisors Couch and Perez). BOARD RECONVENED Supervisors: Gleason, Scrivner, Maggard, Couch, Perez ROLL CALL: All Present SALUTE TO FLAG - Led by Ray Scott, U.S. Marine Corps veteran NOTE: The vote is displayed in bold below each item. For example, Gleason- Perez denotes Supervisor Gleason made the motion and Supervisor Perez 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 RESOLUTIONS/PROCLAMATIONS CA-1) Resolution honoring Sergeant Otis Whinery, Sheriff s Office, upon his retirement with 29 years of dedicated service to the County of Kern - ADOPTED RESOLUTION CA-2) Resolution honoring Evidence Technician Thomas Fugitt, Sheriff s Office, upon his retirement with 29 years of dedicated service to the County of Kern - ADOPTED RESOLUTION 3) Proclaim September 2015 as National Preparedness Month in Kern County - PROCLAIMED; MADE PRESENTATION TO CHRIS SCHWARTZ, BOARD CHAIR, AMERICAN RED CROSS, KERN COUNTY CHAPTER, AND STAKEHOLDERS PRESENT; CHRIS SCHWARTZ HEARD Perez-Gleason: All Ayes

2 Summary of Proceedings AM Page 2 4) Proclaim October 9-18, 2015 as Taft Oildorado Days in Kern County and commemorating the 105th Anniversary of the City of Taft - PROCLAIMED; MADE PRESENTATION TO PAUL LINDER, PRESIDENT, OILDORADO, INC., WHO INTRODUCED OILDORADO 2015 BOARD MEMBERS AND SHERIFF'S POSSE MEMBERS; PAUL LINDER AND OILDORADO SHERIFF BRYAN SELLMAN, HEARD Gleason-Maggard: All Ayes 5) Proclaim September 22, 2015 as National Voter Registration Day in Kern County - PROCLAIMED; MADE PRESENTATION TO MARY BEDARD, AUDITOR-CONTROLLER-COUNTY CLERK; MARY BEDARD HEARD Maggard-Gleason: All Ayes 6) Proclaim September 28 - October 2, 2015 as Family Dinners Make a Difference Week in Kern County - PROCLAIMED; MADE PRESENTATION TO ADRIENNE BUCKLE, PROGRAM COORDINATOR, MENTAL HEALTH DEPARTMENT; ADRIENNE BUCKLE HEARD Gleason-Scrivner: All Ayes 7) Certificate of Recognition recognizing Keep California Beautiful recipient of the 2015 California Resource Recovery Association s (CRRA) Outstanding Recycling Program Award - MADE PRESENTATION TO RAY SCOTT, KEEP CALIFORNIA BEAUTIFUL, WHO INTRODUCED WALT PRICE, PRICE DISPOSAL; RAY SCOTT HEARD APPOINTMENTS CA-8) Reappointments of Lorraine E. Castro as At-large Business/Industry Member, Jose Flores as At-large Local Government Member, Juan Garcia as At-large Direct Service Provider Member, Patricia Lopez as Community Member Atlarge, Rose Mary Perez as At-large Minority Community Member, and Dennis Hendrix as At-large Substance Abuse Member to the AIDS Advisory Board, terms to expire August 16, MADE REAPPOINTMENTS CA-9) Reappointments of Kristina Grasty and Aaron Flucker as Fifth District Members, and Stephanie Lynch as Third District Member, to the Commission on Aging, terms to expire June 17, 2017, August 18, 2016, and September 22, 2017 respectively - MADE REAPPOINTMENTS PUBLIC PRESENTATIONS 10) 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! NO ONE HEARD

3 Summary of Proceedings AM Page 3 BOARD MEMBER ANNOUNCEMENTS OR REPORTS 11) 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 DEPARTMENTAL REQUESTS AGRICULTURE AND MEASUREMENT STANDARDS CA-12) Proposed retroactive Agreement with Kern County Fair District 15 for providing assistance with produce entry and display from September 1, 2015 through October 31, 2015, in an amount not to exceed $3,740 (Fiscal Impact: $3,740; Revenue; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT AUDITOR-CONTROLLER-COUNTY CLERK CA-13) Proposed addition of two Elections Process Supervisor positions in Budget Unit 1420, effective September 22, 2015 (Fiscal Impact: $126,045; Budgeted; Discretionary) - APPROVED; REFERRED TO HUMAN RESOURCES TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE CHILD SUPPORT SERVICES CA-14) CA-15) Proposed Agreement with the California Department of Child Support Services for a required Plan of Cooperation for program responsibilities from October 1, 2015 through September 30, 2016 (Fiscal Impact: None) - APPROVED; AUTHORIZED DIRECTOR OF CHILD SUPPORT SERVICES TO SIGN Proposed Standard Form Kern County Child Support Services Event Space Use Agreement for use of training rooms, conference rooms and lobby space areas by Kern County agencies and community partners (Fiscal Impact: None) - APPROVED; AUTHORIZED DIRECTOR OF CHILD SUPPORT SERVICES TO SIGN CLERK OF THE BOARD CA-16) Proposed Resolution revising regular meeting dates of the Board of Supervisors for 2015 to cancel the meeting of Monday, November 9, 2015 at Kern Medical Center, in order to hold a Special Meeting as a noticed public hearing to consider Revisions to the Kern County Zoning Ordinance C, focused on Oil and Gas Local Permitting and Environmental Impact Report (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION

4 Summary of Proceedings AM Page 4 COUNTY COUNSEL CA-17) Request for sole source Agreements with Thomson/West, containing nonstandard terms and conditions, for online and print legal research materials and books from October 1, 2015 through September 30, 2018, in an amount not to exceed $152, (Fiscal Impact: $152, (FY $49,611.59); Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENTS AND CA-18) Proposed letter to Groundwater Sustainability Agency (GSA)-eligible local agencies regarding notice of intent to form GSA pursuant to the Sustainable Groundwater Management Act (Fiscal Impact: None) - APPROVED; AUTHORIZED ALL BOARD MEMBERS TO SIGN EMPLOYERS TRAINING RESOURCE CA-19) Proposed retroactive Agreement with Delano Joint Unified School District to provide academic skills training, work experience, financial literacy education and follow-up services to In-School and Out-of-School youth ages eligible under the Workforce Innovation and Opportunity Act from July 1, 2015 through June 30, 2016, in an amount not to exceed $130,000 (Fiscal Impact: $130,000; Federal Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT FIRE DEPARTMENT CA-20) Proposed sole source purchase order with Quinn Equipment for emergency repairs to a Caterpillar dozer, in an amount not to exceed $50,000 (Fiscal Impact: $50,000; Fire Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED PURCHASING AGENT TO ISSUE PURCHASE ORDER KERN MEDICAL CENTER 21) Proposed addition of Director of Social Services, at Salary Range 71.7 in Budget Unit 8997, effective September 22, 2015 (Fiscal Impact: $209,881 [FY $139,920]; KMC Enterprise Fund; Not Budgeted; Discretionary) - APPROVED; REFERRED TO HUMAN RESOURCES TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE Maggard-Scrivner: All Ayes CA-22) Proposed Agreement with Geoffrey M. Miller, M.D., APC, an independent contractor, for professional medical services in the Department of Surgery from October 1, 2015 through September 30, 2017, in an amount not to exceed $185,000 (Fiscal Impact: $185,000 [FY $69,438]; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

5 Summary of Proceedings AM Page 5 CA-23) Proposed Agreement with Sudha Challa, M.D., a contract employee, for professional medical services in the Department of Radiology from October 1, 2015 through September 30, 2018, in an amount not to exceed $1,210,000, plus applicable benefits (Fiscal Impact: $1,513,406 [FY $378,697]; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-24) Proposed retroactive Agreement with California Health Benefit Exchange, an independent contractor, containing non-standard terms and conditions, for KMC to remain a Certified Enrollment Entity to enroll eligible patients into Covered California or Medi-Cal from July 1, 2015 through June 30, 2018 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-25) Proposed retroactive Amendment No. 1 to Locum Tenens Agreement with Rajinder P. Singh, M.D., an independent contractor, for professional medical services in the Department of Radiology, eliminating the restriction on the number of authorized days, extending the term for one year from October 7, 2015 through October 6, 2016, and increasing the maximum payable by $195,000, from $150,000 to $345,000, to cover the additional days and extended term, effective August 24, 2015 (Fiscal Impact: $195,000 [FY $166,685]; KMC Enterprise Fund; Budgeted; Discretionary) APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT MENTAL HEALTH SERVICES CA-26) Request for retroactive approval of the Department of Health Care Services Fiscal Year Short Doyle Medi-Cal interim billing rates, effective July 1, 2015 (Fiscal Impact: None) - APPROVED CA-27) Proposed retroactive Amendment No. 2 to Agreement with National Toxicology Laboratories, Inc., to modify the scope of work for the collection, screening, and confirmation of samples provided for drug and alcohol testing, extending the term from September 1, 2015 through June 30, 2016, and increasing the maximum payable by $112,500, from $132,871 to $245,371 (Fiscal Impact: $112,500; State AB 109 and Drug Court; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-28) Proposed Agreement with Kern Community College District to provide Bakersfield College Human Services Program interns for a term not to exceed five years from September 22, 2015 through September 30, 2020 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT PROBATION 29) Request to issue Request for Proposal (RFP) for Comprehensive Community- Based Reentry Services for criminal justice offenders as approved by the Community Corrections Partnership (Fiscal Impact: $5,271,691; AB 109; Budgeted; Discretionary) - WITHDRAWN

6 Summary of Proceedings AM Page 6 CA-30) Request approval of mid-year capital asset acquisition of four law enforcement sedan vehicles and three sport utility vehicles, in an amount not to exceed $259,000 (Fiscal Impact: $259,000; State AB 109 Realignment; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR- CONTROLLER TO PROCESS SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS PUBLIC HEALTH SERVICES - Environmental Health Division CA-31) Request for cancellation of designations and appropriation of unanticipated revenue from the Hazardous Waste Settlements Fund in the amount of $866, to complete the purchase of an emergency response vehicle (Fiscal Impact: $866; Hazardous Waste Settlements Fund; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS SHERIFF CA-32) CA-33) Request cancellation of designations and subsequent appropriation of unanticipated revenue in the amount of $80,625 from the Sheriff s State Asset Forfeiture Fund for mid-year asset acquisition of ten night vision goggles for the Special Weapons and Tactics (SWAT) team (Fiscal Impact: $80,625; Sheriff s Asset Forfeiture Fund; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS Proposed Amendment No. 3 to Agreement with Prison Ministry of America for the provision of inmate religious services in the Sheriff s detentions facilities extending the term from September 28, 2015 through September 28, 2016, and increasing the not to exceed amount by $170,832, from $397,280 to $568,112 (Fiscal Impact: $170,832; Inmate Welfare Fund; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-34) Retroactive application to hold a triathlon - Action Sports - Bakersfield Triathlon on September 20, 2015 in Bakersfield, California (Fiscal Impact: None) - FOUND THAT SHERIFF NOTED HIS APPROVAL ON PERMIT AND THAT EVENT DID NOT RESULT IN UNDUE OR UNMANAGEABLE OBSTRUCTION OR HINDRANCE OF TRAFFIC ON HIGHWAY WHERE IT WAS TO BE HELD; DID NOT LEAD TO BREACH OF THE PEACE, PROPERTY DAMAGE, OR OTHER DISORDERLY OR UNLAWFUL CONDUCT; DID NOT CONFLICT WITH OTHER EVENTS PREVIOUSLY GRANTED PERMITS, AND THAT SHERIFF HAD FACILITIES TO PROPERLY SUPERVISE EVENT; APPROVED; AUTHORIZED CHAIRMAN TO SIGN ADJOURNED AS BOARD OF SUPERVISORS; RECONVENED AS IN- HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY; ADJOURNED TO CLOSED SESSION Perez-Gleason: All Ayes

7 Summary of Proceedings AM Page 7 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.) IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY 35) CONFERENCE WITH LABOR NEGOTIATORS - Agency designated representatives: County Administrative Officer, John Nilon, and designated staff - Employee organization: United Domestic Workers (Government Code section ) - NO REPORTABLE ACTION TAKEN RECONVENED FROM CLOSED SESSION; ADJOURNED AS IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY; RECONVENED AS BOARD OF SUPERVISORS; ADJOURNED TO CLOSED SESSION Scrivner-Maggard: All Ayes COUNTY ADMINISTRATIVE OFFICE 36) CONFERENCE WITH LABOR NEGOTIATORS - Agency designated representatives: County Administrative Officer, John Nilon, and designated staff - Employee organization: Service Employees International Union, Local 521 (Government Code Section ) - NO REPORTABLE ACTION TAKEN 37) CONFERENCE WITH LABOR NEGOTIATORS - Agency designated representatives: County Administrative Officer, John Nilon, and designated staff - Unrepresented Employee: Titles: Director of Aging and Adult Services; Agricultural Commissioner and County Sealer; Director of Airports; Director of Animal Services; Director of Child Support Services; Clerk of the Board of Supervisors; County Administrative Officer; County Counsel; Director of Engineering, Surveying and Permit Services; Fire Chief; Director of Human Services; Director of Libraries; Director of Mental Health Services; Director of Parks and Recreation; Director of Planning and Community Development; Public Defender; Director of Public Health Services; Director of Public Works; County Veterans Service Officer (Government Code Section ) - NO REPORTABLE ACTION TAKEN 38) PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: County Administrative Officer (Government Code Section 54957) - NO REPORTABLE ACTION TAKEN 39) CONFERENCE WITH LABOR NEGOTIATORS - Agency designated representative: Theresa A. Goldner, County Counsel - Unrepresented employee, County Administrative Officer (Government Code Section ) - NO REPORTABLE ACTION TAKEN 40) CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Kern County Property Assessor Parcel Numbers , , Property Owner: County of Kern; Agency Negotiators: John Nilon, County Administrative Officer and Jeff Frapwell, Assistant County Administrative Officer for General Services; Under Negotiation: Price and Terms of Payment (Government Code Section ) - WITHDRAWN

8 Summary of Proceedings AM Page 8 COUNTY COUNSEL 41) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section (d)(1)) County of Kern v. Dasa Green River Collective, et al., Kern County Superior Court S-1500-CV NO REPORTABLE ACTION TAKEN 42) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section (d)(1)) County of Kern v. Organic Health Solutions, et al., Kern County Superior Court S-1500-CV NO REPORTABLE ACTION TAKEN 43) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section (d)(1)) County of Kern v. California High Speed Rail Authority, Sacramento County Superior Court Case No NO REPORTABLE ACTION TAKEN 44) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section (d)(2)(e)(3)) Number of cases: Four (4) Based on significant exposure to litigation in the opinion of the Board of Supervisors on the advice of legal counsel, based on: The receipt of a claim pursuant to the Government Claims Act or some other written communication from a potential plaintiff threatening litigation, which non-exempt claim or communication is available for public inspection - NO REPORTABLE ACTION TAKEN 45) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section (d)(4)) Number of cases: One (1) Based on existing facts and circumstances, the Board of Supervisors has decided to initiate or is deciding whether to initiate litigation - SEE RESULTS OF CLOSED SESSION AT BEGINNING OF 2:00 P.M. SESSION 46) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section (d)(2)(e)(1)) Number of cases: One (1) Based on significant exposure to litigation in the opinion of the Board of Supervisors on the advice of legal counsel, based on: Facts and circumstances that might result in litigation against the County but which the County believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed - NO REPORTABLE ACTION TAKEN RECONVENED FROM CLOSED SESSION; RECESSED TO 2:00 P.M. Gleason-Scrivner /s/ Kathleen Krause Clerk of the Board /s/ David Couch Chairman, Board of Supervisors