SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, November 2, :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 McQuiston and Watson); Community Action Partnership of Kern (Supervisor Maggard); Kern County Network for Children (Supervisor Rubio); Kern Economic Development Corporation (Supervisors Maggard and Watson); Southern California Water Committee (Supervisor Watson); and Tobacco Funding Corporation, Kern County (Supervisors McQuiston and Watson). BOARD RECONVENED Supervisors: McQuiston, Maben, Maggard, Watson, Rubio ROLL CALL: 4 Present; 1 Absent - Rubio 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 REPORT ON ACTIONS TAKEN IN CLOSED SESSION ON TUESDAY, NOVEMBER 2, 2010 AT 9:00 A.M. - NO REPORTABLE ACTION TAKEN NOTE: SUPERVISOR RUBIO ARRIVED PRIOR TO CONSIDERATION OF THE CONSENT AGENDA 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

2 Summary of Proceedings Page 11 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 DEPARTMENTAL REQUESTS DEVELOPMENT SERVICES AGENCY Engineering, Surveying and Permit Services Department Hearing S.D. #5 3) Public hearing on proposed Resolution determining to adopt an Ordinance enacting assessments with an escalation clause for the area annexed to County Service Area No. 87 and establishment of Zone of Benefit Nos. 1 and 2, Tract 6093 and its designated remainder, Lamont, Local Agency Formation Commission (LAFCO) Proceeding No (Fiscal Impact: $20,081; CSA s; Budgeted; Mandated) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; TABULATED BALLOTS; CONFIRMED THAT MAJORITY OF BALLOTS SUBMITTED ARE IN FAVOR OF ASSESSMENTS WITH AN ESCALATION CLAUSE; ENACTED ORDINANCE G-8105 ESTABLISHING ASSESSMENTS; ADOPTED RESOLUTION APPROVING ENGINEERING, SURVEYING & PERMIT SERVICES DEPARTMENT DIRECTOR S REPORT AND APPROVING AN ASSESSMENT FOR THE FIRST YEAR NOT TO EXCEED $125 PER PARCEL FOR DRAINAGE FACILITIES MAINTENANCE - SINGLE FAMILY; $700 PER GROSS ACRE FOR DRAINAGE FACILITIES MAINTENANCE - MULTI-FAMILY/LARGE LOT; $110 PER PARCEL FOR STREET SWEEPING - SINGLE FAMILY; $600 PER GROSS ACRE FOR STREET SWEEPING - MULTI-FAMILY/LARGE LOT; $100 PER PARCEL FOR LANDSCAPE AND WALL MAINTENANCE - SINGLE FAMILY; APPROVING A CPI ESCALATION CLAUSE FOR FUTURE YEARS; DETERMINING TO ADOPT AN ORDINANCE ENACTING ASSESSMENTS FOR THE AREA INCLUDED WITHIN THE BOUNDARIES DESCRIBED, ESTABLISHING THE FORMULA FOR SETTING AN ASSESSMENT FOR FUTURE YEARS WITHIN COUNTY SERVICE AREA NO. 87 AND ZONE OF BENEFIT NOS. 1 AND 2, TRACT 6093 AND ITS DESIGNATED REMAINDER Rubio-Maggard: All Ayes

3 Summary of Proceedings Page 12 CA-4) S.D. #1 Request for approval of completed street, water and sewer improvements, Parcel Map 11596, west side of Highway 65, south of Imperial Avenue, north Bakersfield area, and proposed Resolution for acceptance of roads into the County Road System (Fiscal Impact: None) - APPROVED COMPLETED STREET, WATER AND SEWER IMPROVEMENTS; ADOPTED RESOLUTION FOR ACCEPTANCE OF ROADS WITHIN PARCEL MAP 11596, INTO THE COUNTY ROAD SYSTEM AND ACCEPTANCE OF STREET, WATER AND SEWER IMPROVEMENTS FOR MAINTENANCE; REDUCED FAITHFUL PERFORMANCE BOND NO. SU , ISSUED BY ARCH INSURANCE COMPANY, IN THE AMOUNT OF $4,673,622 TO $467,362 FOR THE GUARANTEE AND MAINTENANCE OF THE COMPLETED STREET, WATER AND SEWER IMPROVEMENTS AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP FOR A ONE-YEAR PERIOD ENDING NOVEMBER 2, 2011; RETAINED LABORERS AND MATERIALMEN BOND NO. SU , ISSUED BY ARCH INSURANCE COMPANY, IN THE AMOUNT OF $2,336,811, IN FULL FORCE AND EFFECT S.D. #4 CA-5) Report regarding public nuisance located at Stockdale Highway, APN , operated by Hondo, Inc., and owned by UNICO, LLC (Fiscal Impact: None) - RECEIVED AND FILED DEVELOPMENT SERVICES AGENCY Roads Department S.D. #1 CA-6) Contract No , identify apparent low bid of Granite Construction for construction on Brown Road, from Ridgecrest Boulevard to Athel Street, in an amount not to exceed $535,027 (Fiscal Impact: $535,027; Federal CMAQ Funds; Budgeted; Discretionary) - IDENTIFIED APPARENT LOW BID; AUTHORIZED ROADS TO PREPARE CONTRACT DOCUMENTS AND RELEASE ALL OTHER BID GUARANTEES S.D. #2 CA-7) Contract No Plans, Specifications and Notice to Contractors for construction on Shafter Road, from H Street to Wible Road, Bakersfield (Fiscal Impact: $325,000; County COP Transportation Bond Funds; Budgeted; Discretionary) - MADE FINDING THAT PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF CEQA, PER SECTION 15301(C) OF STATE CEQA GUIDELINES; AUTHORIZED ROADS TO FILE NOTICE OF EXEMPTION; APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED ROADS TO PUBLISH NOTICE TO CONTRACTORS IN A NEWSPAPER OF GENERAL CIRCULATION, PURSUANT TO SECTION OF PUBLIC CONTRACT CODE; BID OPENING TO BE WEDNESDAY, DECEMBER 1, 2010, AT 11:00 A.M.

4 Summary of Proceedings Page 13 S.D. s #2 & #5 CA-8) Contract No , identify apparent low bid of Griffith Company for construction on Wheeler Ridge Road, from David Road to State Route 223, in an amount not to exceed $1,740,740 (Fiscal Impact: $1,740,740; Federal CMAQ Funds and Federal RSTP Funds; Budgeted; Discretionary) - IDENTIFIED APPARENT LOW BID; AUTHORIZED ROADS TO PREPARE CONTRACT DOCUMENTS AND RELEASE ALL OTHER BID GUARANTEES WASTE MANAGEMENT S.D. s #1 & #2 CA-9) Proposed Contract No with Raminha Construction, Inc., for construction of Phase 2A, Module 3 at the Bakersfield Metropolitan (Bena) Sanitary Landfill, in an amount not to exceed $6,487,910; and approve budget transfer in Budget Unit 8993, in an amount not to exceed $1,854,535 (Fiscal Impact: $6,487,910; Solid Waste Enterprise Fund; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT ; APPROVED BUDGET TRANSFER COUNTY ADMINISTRATIVE OFFICE 10) Declaration of negotiation impasse with Service Employees International Union and request to commence mediation (Fiscal Impact: None) - SERVICE EMPLOYEES INTERNATIONAL UNION MEMBERS HEARD: WAYNE CALDWELL, CELESTE CLANCY, NORA MARIN, TAMARA CHAFFIN, RUTH ALDRIDGE, JOEY FOSTER, JILL PHILLIPS, PATRICK NICKOLLS, DAN MILLER, MICHELLE WHITAKER, GAIL LANCASTER, ROBERTA BROWN, PAMELA DEACON, VICKI LARGENT, WANDA WALLACE, RICHARD DEANTONIO, RUBEN ALONZO, WANDA WAGNER, SONJA BENNETT, IMELDA CEJA-BUTKIEWICZ, ELIZABETH LOPEZ, ESTER ADAMS, MYRA SALGADO, CAROLYN WOOLFOLK, JEFFREY HILL, DON BULL, AND REGINA KANE; MADE DECLARATION OF IMPASSE; DIRECTED MATTER BE SUBMITTED TO MEDIATION Maben-Maggard: All Ayes NOTE: ITEM NOS. 11 AND 12 WERE HEARD CONCURRENTLY 11) Declaration of negotiation impasse with Kern County Sheriff s Command Association and request to commence mediation (Fiscal Impact: None) - MIKE BARNES, VICE PRESIDENT, KERN COUNTY SHERIFF S COMMAND ASSOCIATION, AND KEVIN RYAN, PRESIDENT, KERN COUNTY SHERIFF S COMMAND ASSOCIATION II, HEARD; MADE DECLARATION OF IMPASSE; DIRECTED MATTER BE SUBMITTED TO MEDIATION Maggard-McQuiston: 4 Ayes; 1 No - Rubio

5 Summary of Proceedings Page 14 12) Declaration of negotiation impasse with Kern County Sheriff s Command Association II and request to commence mediation (Fiscal Impact: None) - MIKE BARNES, VICE PRESIDENT, KERN COUNTY SHERIFF S COMMAND ASSOCIATION, AND KEVIN RYAN, PRESIDENT, KERN COUNTY SHERIFF S COMMAND ASSOCIATION II, HEARD; MADE DECLARATION OF IMPASSE; DIRECTED MATTER BE SUBMITTED TO MEDIATION McQuiston-Maben: 4 Ayes; 1 No - Rubio CA-13) Proposed contribution to Corporation for Better Housing to assist with the purchase of soccer goal posts for Kimbrough Field in southeast Bakersfield, in the amount of $1,982 (Fiscal Impact: $1,982; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER- COUNTY CLERK TO PAY COUNTY ADMINISTRATIVE OFFICE General Services Division S.D. #1 CA-14) Proposed Easement Deed to Southern California Edison Company for installation and maintenance of underground facilities for distribution of electric energy and communications (Fiscal Impact: $500 Revenue; General Fund; Not Budgeted; Discretionary) - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15302; AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTION, AS APPROPRIATE; APPROVED; AUTHORIZED CHAIRMAN TO SIGN All S.D. s CA-15) Request for approval of intent to donate surplus radio equipment to Porterville College Cadet Academy and Bakersfield College (Fiscal Impact: None) - APPROVED; DIRECTED COUNTY COUNSEL TO PREPARE AND CLERK OF THE BOARD TO PUBLISH NOTICE OF INTENT CA-16) Identify apparent low bid and proposed Agreement with Anderson Group International for Job Order Contract Phase 13, in an amount not to exceed $1,000,000 (Various Projects) (Fiscal Impact: $1,000,000; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CONSIDERATION OF ORDINANCES INTRODUCED OCTOBER 26, 2010 CA-17) Proposed Ordinance adding subsections (292) and (293) to Section to Chapter of Title 10 of the Kern County Ordinance Code establishing two-hour parking zones between 8:00 a.m. and 8:00 p.m., except Sundays, along west side of North Chester Avenue, Bakersfield, beginning at northwest curb return at Lincoln Avenue, thence northerly for a distance of 58 feet; and between 8:00 a.m. and 8:00 p.m., except Sundays, along west side of North Chester Avenue beginning at a point 83 feet north of northwest curb return at Lincoln Avenue, thence northerly for a distance of 53 feet - ENACTED ORDINANCE G-8106

6 Summary of Proceedings Page 15 MATTERS FOR EXECUTIVE APPROVAL CA-18) Budget Transfers - APPROVED NOS. 038 THROUGH 042 CA-19) CA-20) CA-21) Minutes for week of October 4, APPROVED Miscellaneous Letters and Documents - APPROVED Letters Received and Referred by Clerk of the Board - APPROVED AND FILED CA-22) Claims and Lawsuits filed with and referred by Clerk of the Board - APPROVED AND FILED ADJOURNED TO MONDAY, NOVEMBER 8, 2010, AT 2:00 P.M., AT KERN MEDICAL CENTER Rubio /s/ Kathleen Krause Clerk of the Board /s/ Ray Watson Chairman, Board of Supervisors

7 Summary of Proceedings Page 16 20) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED Engineering, Surveying and Permit Services A) Recorded Irrevocable Offer of Dedication of a Drainage Easement from FHM - Sun Coast (Document No ) General Services B) Acceptance of Franchise and Franchise Bond from Liberty Mutual Insurance Company Bond No submitted by OXY USA Inc., in compliance with Franchise Ordinance F-425A, and release of Franchise Bond No EOG Resources, Inc. Grand Jury C) Final report re Camp Irwin Owen (Copies to each Supervisor, CAO and Probation) D) Final report re Kern County Sheriff s Department Wasco Substation (Copies to each Supervisor, CAO and Sheriff) Local Agency Formation Commission E) Report and Recommendation, Proceeding No. 1609, in the matter of City of Bakersfield, Annexation No. 573 (Ashe No. 9) (Copies to each Supervisor, CAO and Development Services Agency) F) Report and Recommendation, Proceeding No. 1611, in the matter of City of Bakersfield, Annexation No. 626 (Compagnoni No. 1) (Copies to each Supervisor, CAO and Development Services Agency) Miscellaneous G) Letter from State Department of Aging and Adult Services re approval of Fiscal Year Area Plan Update (Copies to each Supervisor and CAO) H) Letter from Allen Lyda, Tejon-Castac Water District, re appointment of Ryan Fachin to fill vacancy by resignation of Carla Walker (Copy to Elections) I) Letter from Thomas J. Vilsack, United States Department of Agriculture, re County s resolutions on placing renewable energy projects on National Forest System lands (Copies to each Supervisor and CAO) J) Letter from United States Senator Barbara Boxer re Property Assessed Clean Energy (PACE) Programs (Copies to each Supervisor and CAO) K) from Carlos L Dera to Matthew Maass and Theresa Goldner re continuing CalNeva Broadband dispute (Copies to each Supervisor, CAO, General Services and County Counsel) L) from Carlos L Dera to Leigh Ann Cook re remarks in October 5, from Cook to L Dera (Copies to each Supervisor and CAO) M) from Carlos L Dera to Lorelei Oviatt re letter sent to Mountain Communities Municipal Advisory Council concerning oak tree policies (Copies to each Supervisor, CAO, Planning and County Counsel)

8 Summary of Proceedings Page 17 N) from Jackie Wellbaum re ending vacuum-based County Cannabis policy (Copies to each Supervisor, CAO, Sheriff and County Counsel) O) from Veronica Petrovsky, US Army Corps of Engineers, re Lake Isabella Dam Safety Modification Study Situation Report dated October 19, 2010 (Copies to each Supervisor, CAO, Development Services Agency, Engineering, Surveying & Permit Services, Fire, Office of Emergency Services, Public Health, Emergency Medical Services and County Counsel) P) Notice from NDEx West LLC re Substitution of Trustee, Kenneth Johnson and Cynthia Stewart-Johnson original Trustors, and Financial Title Company, original Trustee (Copy to General Services-Property Management) Q) Notice from State Department of Alcoholic Beverage Control re application for alcoholic beverage license: Saddle Sore Saloon, Highway 155, Glennville (Copies to each Supervisor, CAO, Planning and Environmental Health) R) Notice from State Department of Food and Agriculture re public meetings scheduled for November 2010 concerning proposed eradication of the European Grapevine Moth (Copies to each Supervisor, CAO and Agricultural Commissioner) S) News release from Department of Airports re Continental Airlines air service coming to Kern County on April 3, 2011 T) News release from U.S. Forest Service re Los Padres National Forest to conduct controlled burns in Pine Mountain Club, Frazier Park and Lake of the Woods areas (Copies to each Supervisor, CAO and Fire) U) Minutes from Regular Commission on Aging meeting held on September 20, ) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Letter of complaint from George Menclewicz re County of Kern Tax Penalty Review Committee denying his request for refund of interest and penalties on his property taxes - REFERRED TO TREASURER-TAX COLLECTOR B) from Debra Insalaco requesting response to letter of October 4, 2010 to County Counsel concerning property loss, damages and severe pain - REFERRED TO COUNTY COUNSEL 22) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY THE CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Jesus Ayala vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) B) Claim in the matter of Pablo Cardenas vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) C) Claim in the matter of James Gillespie vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

9 Summary of Proceedings Page 18 D) Amended Claim for Damages in the matter of Toni Elizabeth Justman vs. Kern County et al. - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) E) Amended Claim for Damages in the matter of Jinny Lynn Pearce vs. Kern County et al. - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) F) Petition for Writ of Mandate in the matter of Antron Womack, Sr. vs. Kern County et al. - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) ###