SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, October 20, :00 P.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 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 REPORT ON ACTIONS TAKEN IN CLOSED SESSION ON TUESDAY, OCTOBER 20, 2015, AT 9:00 A.M. - Item No. 39 concerning a 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 ) - HEARD; NO REPORTABLE ACTION Item No. 40 concerning PUBLIC EMPLOYEE APPOINTMENT/ RECRUITMENT - Title: Director of Child Support Services (Government Code Section 54957) - HEARD; NO REPORTABLE ACTION Item No. 41 concerning a 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 ) - HEARD; NO REPORTABLE ACTION

2 Summary of Proceedings PM Page 2 Item No. 42 concerning a 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 advance 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 - HEARD; NO REPORTABLE ACTION PUBLIC PRESENTATIONS 1) 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! JEANNE RADSICK, BAKERSFIELD ASSOCIATION OF REALTORS, HEARD REGARDING WORKFORCE HOUSING FORUM TO BE HELD ON THURSDAY, OCTOBER 22, 2015 AT 7:30 A.M. AT BAKERSFIELD ASSOCIATION OF REALTORS IN BAKERSFIELD BOARD MEMBER ANNOUNCEMENTS OR REPORTS 2) 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 HEARINGS PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT CA-3) Request from Bruce Anderson to vacate portions of access easements located at Oaktree Estates Drive, north of Walker Basin (S.D. #2) Specific Request: A nonsummary vacation of: (a) all of Mistletoe Court as it exists beginning at Oaktree Estates Drive then west to its terminus; (b) a portion of Oaktree Estates Drive beginning from the northern property line of Parcel 1 and Parcel 22 of Parcel Map 9782, then south to the southern property line of Parcel 6 of Parcel Map 9782, and easterly projection of the southern line in the Walker Basin area ( Streets and Highways) (Environmental Review: General Rule, Section 15061(b)(3); Published Bakersfield Californian) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION, CONTINUED TO TUESDAY, OCTOBER 27, 2015, AT 2:00 P.M.

3 Summary of Proceedings PM Page 3 DEPARTMENTAL REQUESTS PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT S.D. #4 CA-4) Proposed rescission of an existing Williamson Act Land Use Contract and simultaneous approval of proposed Williamson Act Land Use Contract No with Jason Albert Ghilarducci and Amber Dawn Ghilarducci, acres; and Williamson Act Land Use Contract No with Sandridge Partners, L.P., acres, southeast corner of Seventh Standard Road and Main Drain Road, Buttonwillow, commencing in 2015 Calendar Year; Environmental Review: Categorically Exempt, pursuant to Section of the State CEQA Guidelines (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; DIRECTED CLERK OF THE BOARD TO RECORD PUBLIC WORKS DEPARTMENT - Administration and Accounting S.D. #1 CA-5) Proposed Amendment No. 3 to Agreement with CDP Holdings III, LLC (Wildlands), for purchase and sale of mitigation values required for construction and improvements to Bowman Road, Ridgecrest, to extend outside closing date to August 31, 2016 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT S.D. #4 CA-6) Request for mid-year establishment of capital project and cancellation of designations in County Service Area No. 65 Fund for installation of 17 fire hydrants in the south Taft area (Fiscal Impact: $160,000; County Service Area No. 65 Fund; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS PUBLIC WORKS DEPARTMENT - Engineering S.D. #3 CA-7) Contract No , Notice of Completion with Granite Construction Company for construction on Standard Street from Gilmore Avenue to 0.1 mile north of Atlas Court, Bakersfield (Fiscal Impact: None) - RECEIVED AND FILED S.D.s #1 & #2 CA-8) Contract No , Notice of Completion with Graham Contractors, Inc., for chip seals at various locations in Kern County (Fiscal Impact: None) - RECEIVED AND FILED

4 Summary of Proceedings PM Page 4 All S.D.s CA-9) Request for authorization to submit Lake or Streambed Alteration Program Notification of Emergency Work with the California Department of Fish and Wildlife for emergency bridge maintenance work (Fiscal Impact: None) - APPROVED COUNTY ADMINISTRATIVE OFFICE 10) Report on updated plan for soliciting public input on Kern County Library services (Fiscal Impact: None) - MIRANDA LOMELI-O'REILLY, ADVOCATES FOR LIBRARY ENHANCEMENT; RACHEL GLAUSER, BETTER LIBRARIES FOR KERN COUNTY; AND KENT PRICE, PRICE RESEARCH, HEARD; RECEIVED AND FILED Gleason-Perez: All Ayes COUNTY ADMINISTRATIVE OFFICE - General Services Division S.D. #2 CA-11) Public hearing for proposed Resolution and Ordinance granting an amendment to Franchise Ordinance F-606 for RE Desert Star Interconnection Manager LLC, to incorporate new terms and conditions, and to request consent for the assignment from RE Desert Star Interconnection Manager LLC, to RE Astoria LLC, RE Astoria 2 LLC, RE Garland LLC, and RE Garland A LLC (Fiscal Impact: $4,800 Administrative Fee; $18,000 Estimated Revenue; Not Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING PROJECT DOES NOT REQUIRE PREPARATION OF SUBSEQUENT ENVIRONMENTAL IMPACT REPORT PER SECTION OF STATE CEQA GUIDELINES AND IS EXEMPT FROM FURTHER CEQA REVIEW PER SECTION 15061(B)(3) OF STATE CEQA GUIDELINES; ADOPTED RESOLUTION AND ENACTED ORDINANCE F-609 S.D. #3 CA-12) Proposed disposal of surplus property located at 125 El Tejon Avenue, Bakersfield (Fiscal Impact: None) - AUTHORIZED GENERAL SERVICES TO PROCEED WITH THE SURPLUS PROPERTY DISPOSAL PROCESS S.D. #5 CA-13) Proposed Resolution for declaration of intent to call for and receive bids for lease of County-owned land south and adjacent to Arvin Sanitary Landfill Facility; approval of bid documents and authority to advertise (Fiscal Impact: None) - MADE FINDING PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PER SECTIONS 15061(b)(3) AND OF STATE CEQA GUIDELINES; ADOPTED RESOLUTION ; APPROVED BID DOCUMENTS; AUTHORIZED CLERK OF THE BOARD TO PUBLISH NOTICE TWO TIMES PER KERN COUNTY ORDINANCE CODE A; AUTHORIZED GENERAL SERVICES TO RECEIVE AND OPEN BIDS

5 Summary of Proceedings PM Page 5 All S.D.s CA-14) CA-15) Proposed Personal/Professional Services Agreement and Health Insurance Portability and Accountability Act (HIPAA) Business Associate Agreement with Independent Living Center of Kern County to provide American Sign Language services for the hearing impaired available to all County departments, from October 20, 2015 through October 20, 2020 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENTS AND Job Order Contract Project listing update (various projects) (Fiscal Impact: None) - MADE FINDING PROJECTS ARE EXEMPT FROM FURTHER CEQA REVIEW PER SECTION OF STATE CEQA GUIDELINES; APPROVED CA-16) Request for increase of purchase authority for subscription of enterprise server software through International Business Machines (IBM), from $100,000 to $220,000; and proposed retroactive sole source extension with IBM for subscription of enterprise server software, from July 1, 2015 through June 30, 2016, in an amount not exceed $220,000 (Fiscal Impact $120,000, Budgeted; Discretionary) - APPROVED; AUTHORIZED INCREASE IN PURCHASING AUTHORITY FOR PURCHASING AGENT FROM $100,000 TO $220,000; APPROVED SUBSCRIPTION EXTENSION 17) Request for approval of mid-year capital asset acquisition of one pipe/cable locater, two walk-behind scrubbers, two battery-operated deep cleaning extractors, one sewer jetter, and one diesel generator, in an amount not to exceed $72,300 (Fiscal Impact: $72,300; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS Perez-Scrivner: All Ayes COUNTY ADMINISTRATIVE OFFICE - Human Resources Division CA-18) Proposed selection of Liberty Dental Plan of California, Inc., for self-funded dental plan administration and fully insured dental plan option, and Amendment No. 5 to Agreement for dental benefits administration in the amount of $5.25 per employee per month fee for the self-funded preferred provider organization (PPO) dental plan; and Amendment No. 6 to Agreement in the amount of $49.95 per employee per month premium for the fully insured dental maintenance organization (DMO) plan, both effective January 1, 2016 for a term of three years, ending December 31, 2018 (Fiscal Impact: FY $944,000 Group Health Internal Service Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENTS AND CA-19) Classification of positions recommended by Civil Service Commission on October 12, 2015 (Fiscal Impact: None) - WITHDRAWN

6 Summary of Proceedings PM Page 6 MATTERS FOR EXECUTIVE APPROVAL CA-20) Budget Transfers - APPROVED NOS. 35 THROUGH 43 CA-21) Minutes for week of August 17, APPROVED CA-22) Miscellaneous Letters and Documents - FILED CA-23) Claims and Lawsuits Filed with and Referred by Clerk of the Board - APPROVED AND FILED ADJOURNED TO TUESDAY, OCTOBER 27, 2015, AT 9:00 A.M. Gleason /s/ Kathleen Krause Clerk of the Board /s/ David Couch Chairman, Board of Supervisors

7 Summary of Proceedings PM Page 7 22) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED Clerk of the Board A) Letter from Robin Fleming resigning from the Board of Trade (Copies to each Supervisor, CAO and Board of Trade) B) Letter from Karla Nelson resigning from Tehachapi Resource Conservation District (Copies to each Supervisor and CAO) C) Letter from Gayle Stewart resigning from the Tehachapi Valley Recreation and Park District (Copies to each Supervisor and CAO) D) Letter from Jack Wright resigning from the Tehachapi Resource Conservation District (Copies to each Supervisor and CAO) Planning and Community Development E) Recorded Irrevocable Offer to Dedicate Real Property from Maricopa Orchards, LLC (Document No ) Treasurer-Tax Collector F) Cash Receipts and Disbursements for September 2015 Miscellaneous G) H) Letter from Department of Health and Human Services, Centers for Disease Control and Prevention re selection of Kern County to participate in National Health and Nutrition Examination Survey, (Copies to each Supervisor, CAO and Public Health) Letter from California Water Boards re Waste Discharge Requirements for California Resources Corporation LLC and North Kern Water Storage District, Oil Field Produced Water Reclamation Project, Kern County (Copies to each Supervisor, CAO and County Counsel) I) Letter from City of Bakersfield to Local Agency Formation Commission (LAFCo) re Ashe No. 12 Annexation No. 642, LAFCo Proceeding No (Copies to each Supervisor and CAO) J) Letter from John Roche to District Attorney Lisa Green re Citation No TS Discovery Request (Copies to each Supervisor, CAO, District Attorney and County Counsel) K) from Thomas J. Harris re child protection (Copies to each Supervisor, CAO, Department of Human Services, Probation and County Counsel) L) News Release from U.S. Army Corps of Engineers (USACE) re USACE to hold information meetings October 19-21, 2015 concerning status of Isabella Lake Dam Safety Modification Project (Copies to each Supervisor, CAO, Public Works, Fire, Office of Emergency Services, Public Health, Emergency Medical Services and County Counsel) M) Notice from State Department of Alcoholic Beverage Control re application for alcoholic beverage license from: Magoos Pizza, 1129 Olive Drive, Suite A & B, Bakersfield (Copies to Planning and Community Development and Environmental Health)

8 Summary of Proceedings PM Page 8 N) Official Notice for the City of Bakersfield from California Department of Food and Agriculture re Notice of Treatment Regarding the Asian Citrus Psyllid (Copies to each Supervisor, CAO, Ag Commissioner and County Counsel) O) Official Notice for the City of Arvin from California Department of Food and Agriculture re Notice of Treatment Regarding the Asian Citrus Psyllid (Copies to each Supervisor, CAO, Ag Commissioner and County Counsel) P) Agenda for Kern County Wildlife Resources Commission meeting on October 14, ) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of A.M. Financial and Insurance Services for Ahmed G. Dawlatly v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) B) Claim in the matter of Dathan Brown v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) C) Claim in the matter of Explorer Insurance Company as subrogee of Terry Finley v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) D) Claim in the matter of Wendy Forbin v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) E) Claim in the matter of DeShawn Monta Larry v. County of Kern (4 pages) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) F) Claim in the matter of DeShawn Monta Larry v. County of Kern (9 pages) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) G) Claim in the matter of Thomas McBroom v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) H) Claim in the matter of Nelson Josue Canelas Nunez v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) I) Claim in the matter of State Farm Mutual Automobile Insurance Company for Lory Himenes v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) ###