SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, May 3, :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 Scrivner, Maggard, and Couch); Southern California Water Committee (Supervisors Couch and Maggard); Tobacco Funding Corporation, Kern County (Supervisors Gleason and Couch); and Kern County Foundation, Inc. (Supervisor Couch). BOARD RECONVENED Supervisors: Gleason, Scrivner, Maggard, Couch, Perez ROLL CALL: 3 Present; 2 Absent - Scrivner, Perez 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, MAY 3, 2016, AT 9:00 A.M. - Item No. 42 concerning PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: County Administrative Officer (Government Code Section 54957) - HEARD; NO REPORTABLE ACTION Item No. 43 concerning PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: Fire Chief (Government Code Section 54957) - HEARD; NO REPORTABLE ACTION Item No. 44 concerning a CONFERENCE WITH LABOR NEGOTIATORS - Agency designated representatives: County Administrative Officer John Nilon, and designated staff - Employee organizations: Kern County Firefighters Union (Government Code Section ) - HEARD; NO REPORTABLE ACTION

2 Summary of Proceedings PM Page 2 Item No. 45 concerning a CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Kern County Property Assessor Parcel Numbers: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 3236, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ; Property Owners: Healy Enterprises, Inc., Palla Farms, Skyview Dairy, Oasis Holsteins, Henry Vander Poel and Son Dairy, Whiteside Dairy, Agro Farming Corp., Edison Hwy Ranch, Tasteful Selections LLC, Kir-Ben, LLC, Petrissans Family Farms, LP; 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 ) - HEARD; NO REPORTABLE ACTION Item No. 46 concerning a CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section (d)(1)) Hans Mills v. County of Kern, et al., Kern County Superior Court Case Number S CV EJB - HEARD; NO REPORTABLE ACTION Item No. 47 concerning a CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section (d)(1)) Oscar Luna, et al. v. County of Kern, et al., United States District Court (Eastern) Case Number 1:16-CV DAD-JLT - HEARD; NO REPORTABLE ACTION Item No. 48 concerning a CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section (d)(1)) Alexander Harper v. County of Kern, et al., United States District Court Case Number 1:14-CV TLN MJS - HEARD; NO REPORTABLE ACTION Item No. 49 concerning a CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section (d)(2)(e)(1)) Number of cases: Two (2) 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 - HEARD; NO REPORTABLE ACTION

3 Summary of Proceedings PM Page 3 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! NO ONE HEARD 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][2]) CHAIRMAN GLEASON HEARD REGARDING POSITIVE PUBLIC COMMENTS HE RECEIVED FROM CITIZENS IN THE KERN RIVER VALLEY AND HAVILAH CONCERNING KERN COUNTY'S 150TH ANNIVERSARY COMMEMORATIVE BOARD OF SUPERVISORS MEETING HELD IN HAVILAH IN APRIL DEPARTMENTAL REQUESTS PLANNING AND COMMUNITY DEVELOPMENT All S.D.s 3) Public hearing regarding the County of Kern s Fiscal Year (FY) Annual Action Plan for Community Development Programs and the County s performance relating to planning and administering the Community Development Block Grant (CDBG) Program, Home Investment Partnerships (HOME) Program, and Emergency Solutions Grants (ESG) Program (Fiscal Impact: $6,202,121; CDBG, HOME, and ESG Programs; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; APPROVED FY ACTION PLAN; AUTHORIZED CHAIRMAN TO SIGN REVISED APPLICATIONS FOR FEDERAL ASSISTANCE AND CERTIFICATIONS; AUTHORIZED DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT TO MAKE ANY MINOR REVISIONS NECESSARY TO ACTION PLAN FOR CONSISTENCY, CHANGES IN RESPONSE TO DIRECTIVES OF THE BOARD, AND/OR AS MAY BE REQUIRED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AUTHORIZED SUBMISSION OF ACTION PLAN AND RELATED DOCUMENTS TO HUD Maggard-Couch: 3 Ayes; 2 Absent - Scrivner, Perez PUBLIC WORKS DEPARTMENT - Building and Development S.D. #2 CA-4) Proposed Amendment No. 4 to Agreement No with AECOM for Golden Hills Sanitation Wastewater Planning Project, for additional consultant services, and to increase amount by $40,000 to a new amount not to exceed $430,000 (Fiscal Impact: $40,000; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

4 Summary of Proceedings PM Page 4 S.D. #5 CA-5) Hearing to make determination of public nuisance and order abatement involving demolition of all structures, and removal of trash, junk, debris, and weeds, and clean-up of property, located at 2115 Potomac Avenue, Bakersfield, APN (Fiscal Impact: $20,000; General Fund; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW, PER SECTIONS 15061(b)(2), 15061(b)(3) AND OF STATE CEQA GUIDELINES; ADOPTED RESOLUTION DECLARING FOUR STRUCTURES DANGEROUS AND DILAPIDATED, AND ACCUMULATION OF TRASH, JUNK, DEBRIS, AND WEEDS ON SUBJECT PROPERTY A PUBLIC NUISANCE; DIRECTED PUBLIC WORKS DEPARTMENT TO POST AND MAIL RESOLUTION AND NOTICE OF DETERMINATION PURSUANT TO ORDINANCE CODE CHAPTER 8.44; IF NUISANCES ARE NOT ABATED WITHIN 30 DAYS AFTER POSTING AND MAILING OF RESOLUTION AND NOTICE OF DETERMINATION, AUTHORIZED PUBLIC WORKS DEPARTMENT TO USE ABATEMENT FUNDS TO AWARD BIDS FOR DEMOLITION OF FOUR STRUCTURES AND REMOVAL OF TRASH, JUNK, DEBRIS, AND WEEDS, AND FOR CLEAN-UP OF PROPERTY, AND TO PERFORM NECESSARY INSPECTIONS IN PERFORMANCE OF ABATEMENT CONTRACT CA-6) Hearing to make determination of public nuisance and order abatement involving removal of found asbestos and demolition of fire-damaged dwelling and unsafe secondary dwelling, removal of trash, junk, debris, and weeds, and clean-up of property located at /2 Owens Street, Bakersfield, APN (Fiscal Impact: $21,360; General Fund; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PER SECTIONS 15061(b)(2), 15061(b)(3) AND OF STATE CEQA GUIDELINES; ADOPTED RESOLUTION DECLARING FIRE DAMAGED AND UNSAFE STRUCTURES, AND ACCUMULATION OF TRASH, JUNK, DEBRIS, AND WEEDS ON SUBJECT PROPERTY A PUBLIC NUISANCE; DIRECTED PUBLIC WORKS DEPARTMENT TO POST AND MAIL NOTICE OF DETERMINATION PURSUANT TO ORDINANCE CODE CHAPTER 8.44; IF NUISANCES ARE NOT ABATED WITHIN 30 DAYS AFTER POSTING AND MAILING OF NOTICE OF DETERMINATION, AUTHORIZED PUBLIC WORKS DEPARTMENT TO USE ABATEMENT FUNDS TO AWARD BIDS FOR ABATEMENT OF FOUND ASBESTOS, DEMOLITION OF BOTH STRUCTURES, REMOVAL OF TRASH, JUNK, DEBRIS, AND WEEDS, AND TO PERFORM NECESSARY INSPECTIONS IN PERFORMANCE OF ABATEMENT CONTRACT PUBLIC WORKS DEPARTMENT - Engineering S.D. #1 CA-7) Contract No , Notice of Completion with Loop Electric, Inc., for completion of construction of traffic signal at Snow Road and Coffee Road, Bakersfield (Fiscal Impact: None) - RECEIVED AND FILED

5 Summary of Proceedings PM Page 5 S.D. #4 CA-8) Contract No , Plans, Specifications and Notice to Contractors for overlay and shoulder improvements on Rowlee Road, from Lerdo Highway to State Route 46, Wasco (Fiscal Impact: $3,881,821; Federal Regional Surface Transportation Program Funds; Budgeted; Discretionary) - MADE FINDING PROJECT IS CATEGORICALLY EXEMPT FROM FURTHER CEQA REVIEW PER SECTION 15301(c) OF STATE CEQA GUIDELINES; APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED PUBLIC WORKS DEPARTMENT TO PUBLISH NOTICE TO CONTRACTORS IN A NEWSPAPER OF GENERAL CIRCULATION, PURSUANT TO SECTION OF PUBLIC CONTRACT CODE; BID OPENING TO BE WEDNESDAY, JUNE 1, 2016 AT 11:00 A.M. S.D. #5 CA-9) Contract No , Notice of Completion with DOD Construction, LTD., for completion of construction on Habecker Road and Hall Road, Bakersfield (Fiscal Impact: None) - RECEIVED AND FILED S.D.s #2 & #5 CA-10) Proposed Resolution authorizing Kern Regional Transit to submit grant application seeking Low Carbon Transit Operations Program (LCTOP) funding (Fiscal Impact: $256,733 Revenue; Public Transportation System Enterprise Fund; Budgeted; Discretionary) - APPROVED; ADOPTED RESOLUTION COUNTY ADMINISTRATIVE OFFICE 11) Request for authorization of a temporary Accumulated Capital Outlay General Fund Loan to the Airports Enterprise Fund for the Phase I Runway 30R Rehabilitation Project in an amount not to exceed $1 million (Fiscal Impact: None) - DAVID FLUHART HEARD; APPROVED; AUTHORIZED AUDITOR- CONTROLLER TO PROCESS INTERFUND CASH TRANSFERS AS NEEDED Maggard-Couch: 3 Ayes; 2 Absent - Scrivner, Perez CA-12) Proposed revision of Fiscal Year budget hearing dates from the week of August 29, 2016 to the week of August 22, 2016 (Fiscal Impact: None) - APPROVED; DIRECTED CLERK OF THE BOARD TO PREPARE RESOLUTION REVISING 2016 BOARD MEETING CALENDAR CA-13) Proposed response to Grand Jury report entitled Hidden Governments Joint Powers Authorities in California (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE CA-14) Proposed contribution to the National Brotherhood Association of Kern County for the Rebuild, Restore, Reconnect and Revitalize Program, in the amount of $5,000 (Fiscal Impact: $5,000; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO PAY

6 Summary of Proceedings PM Page 6 CA-15) Continuation of local emergency due to drought conditions (Fiscal Impact: None) - APPROVED Legislative Matter CA-16) AB 1853 (Cooper), authorizing retirement boards in counties subject to County Employees Retirement Law of 1937 to form retirement districts (Fiscal Impact: None) - ADOPTED POSITION OF OPPOSITION UNLESS AMENDED; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE COUNTY ADMINISTRATIVE OFFICE - General Services Division S.D. #3 CA-17) Plans and Specifications for the Kern County Museum Transportation Building Ventilation and Fire Sprinkler project (Project No E) (Fiscal Impact: None) - MADE FINDING PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PER SECTION 15301(d) OF STATE CEQA GUIDELINES; APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED GENERAL SERVICES TO PUBLISH PURSUANT TO PUBLIC CONTRACT CODE SECTION 20125; BID OPENING TO BE MONDAY, JUNE 6, 2016 AT 11:00 A.M. S.D. #5 CA-18) Identify apparent low, responsive and responsible bid submitted by JTS Construction for the 1420 H Street - American With Disabilities Act (ADA) Restrooms and HazMat Remediation project ( ) (Fiscal Impact: None) - IDENTIFIED APPARENT LOW, RESPONSIVE AND RESPONSIBLE BID; AUTHORIZED PREPARATION OF CONTRACT DOCUMENTS; AUTHORIZED GENERAL SERVICES TO RELEASE ALL OTHER BID GUARANTEES All S.D.s CA-19) Request approval for mid-year capital asset acquisition of an Avaya Uninterruptible Power System (UPS), in an amount not to exceed $30,000 (Fiscal Impact: $30,000; Mental Health Fund; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS COUNTY ADMINISTRATIVE OFFICE - Human Resources Division CA-20) Proposed revisions to County of Kern Health Benefits Eligibility Policy for fulltime extra help and temporary employees not otherwise eligible for health benefits to allow participation by the Kern County Hospital Authority (Fiscal Impact: Unknown) - APPROVED

7 Summary of Proceedings PM Page 7 CA-21) Proposed revisions to County of Kern Retiree Health Benefits Policy to include participation by the Kern County Hospital Authority and allow retirees to enroll in a new self-funded medical plan option prior to the start of the following month due to permitting event of retirement (Fiscal Impact: Unknown) - APPROVED CA-22) Proposed revisions to Retiree Health Premium Supplement Program Plan document to include participation by the Kern County Hospital Authority and update provisions to represent recent changes made through collective bargaining and Board resolution (Fiscal Impact: Unknown) - APPROVED CA-23) Proposed Resolution to allow Kern County Hospital Authority to participate as an employer in County Kern$Flex and Kern$Flex I flexible spending account plans under Internal Revenue Code Section 125 (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION MATTERS FOR EXECUTIVE APPROVAL CA-24) Budget Transfers - APPROVED NOS. 230 THROUGH 237 CA-25) Minutes for week of March 7, APPROVED CA-26) Miscellaneous Letters and Documents - FILED CA-27) Claims and Lawsuits Filed with and Referred by Clerk of the Board - APPROVED AND FILED ADJOURNED TO TUESDAY, MAY 10, 2016, AT 9:00 A.M. Couch /s/ Kathleen Krause Clerk of the Board /s/ Mick Gleason Chairman, Board of Supervisors

8 Summary of Proceedings PM Page 8 26) MISCELLANEOUS LETTERS AND DOCUMENTS FILED Clerk of the Board A) Received, certified and transmitted to Recorder for recordation as follows: 1) Parcel Map S.D. #4 2) Parcel Map S.D. #3 B) Letter from Gregory D. Bynum resigning from the Kern County Hospital Authority Board of Governors (Copies to each Supervisor, CAO, Kern Medical Center and County Counsel) Kern Medical C) Letter to all County departments stating after July 1, 2016, Kern Medical will no longer receive waste of any kind, including bio-hazardous, medical or sharps waste from any County departments (Copies to each Supervisor, CAO and County Counsel) Local Agency Formation Commission (LAFCo) D) Report and Recommendation in the matter of City of McFarland: Extension of Services Outside of Boundaries E) Report and Recommendation, Proceeding No in the matter of Enos Lane Public Utility District Annexation No. 3 Planning and Community Development F) Recorded Notice of Nonrenewal No with Betty M. Albitre (Document No ) Treasurer-Tax Collector G) Pooled Cash Portfolio Reporting for Quarter Ended March 31, 2016 H) Declaration of Intent to Seize Property, K-Mart #3968 (Copies to each Supervisor and CAO) Miscellaneous I) Letter from California Department of Food and Agriculture re Asian citrus psyllid detected in citrus trees in and around Bakersfield (Copies to each Supervisor, CAO, Agriculture and Measurement Standards and County Counsel) J) Letter from State Department of Veterans Affairs re cash benefits from United State Department of Veterans Affairs (Copies to each Supervisor, CAO, Veterans Service and County Counsel) K) Letter from David Fluhart re UCE$ Declaration of War on poverty, hunger and ignorance (Copies to each Supervisor and CAO) L) Notice from BNSF Railway re Southern California International Gateway (SCIG) Update (Copies to each Supervisor, CAO and County Counsel) M) News Release re Los Padres National Forest Solicits Campground Concessionaire (Copies to each Supervisor and CAO)

9 Summary of Proceedings PM Page 9 N) from Manbir Singh re Press Release concerning Sikh American Eagle Scout Author gets profiled by TSA (Copies to each Supervisor, CAO, Airports and County Counsel) O) California Living Museum, Critter Capers, Spring 2016 (Copies to each Supervisor) P) Notice from Lt. J.A. Williams, California Highway Patrol, re Hazardous Materials Incident Report on April 15, 2016, State Route 14 northbound, south of Purdy Avenue (Copies to Fire-HazMat and Environmental Health) Q) Notice from Sgt. M. Pagano, California Highway Patrol, re Hazardous Materials Incident Report on April 17, 2016, State Route 46 eastbound, east of Kecks Road (Copies to Fire-HazMat and Environmental Health) R) Notice from State Department of Alcoholic Beverage Control re application for alcoholic beverage license from: The Barn Ridgecrest II, 301 North China Lake Boulevard, Ridgecrest; and Pollo Del Norte, 2105 Edison Highway, Suite P4, Bakersfield (Copies to Planning and Community Development and Environmental Health) S) Agenda for Kern County Hospital Authority Board of Governors meeting on April 20, 2016 T) Agenda for Parks and Recreation Commission meeting on April 27, ) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Antonio J. Gomez v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) B) Claim in the matter of Pacific Bell/ AT&T/Diane Mancini v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) C) Claim in the matter of Victoria Trotter v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) D) Notice of Filing of Discrimination Complaint in the matter of Wendy Brown v. County of Kern Public Health Department - REFERRED TO COUNTY COUNSEL (Copy to Risk Management and Human Resources) E) Notice of Filing of Discrimination Complaint in the matter of Misty Morales v. Kern County Parks and Recreation - REFERRED TO COUNTY COUNSEL (Copy to Risk Management and Human Resources) ###