SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, October 23, :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 Scott Bohannon, Bakersfield College student 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 MONDAY, OCTOBER 22, 2012 AT 9:00 A.M. - Item No. 2 concerning a request for Closed Session regarding public employee performance evaluations - Titles: Director of Aging and Adult Services; Agricultural Commissioner and County Sealer; 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; Kern Medical Center Chief Executive Officer; Library Director; Director of Mental Health Services; Director of Parks and Recreation; Director of Planning and Community Development; Director of Public Health Services; Director of Roads; Director of Waste Management; Director of Animal Control (Government Code Section 54957) - HEARD; NO REPORTABLE ACTION PUBLIC REQUESTS CA-1) Request of Tammy Burns, Local Planning Council (LPC) Coordinator, Early Childhood Council of Kern, to submit their quarterly report for the period of July 1, 2012 through September 30, RECEIVED AND FILED

2 Summary of Proceedings Page 4 PUBLIC PRESENTATIONS 2) 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 3) 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 AGING AND ADULT SERVICES CA-4) Request for approval to allow employees assigned to the Adult Protective Services (APS) Program to use purchasing card for purchase of restricted items of fuel, prescription medication, meals, lodging, and payment of utility bills for clients (Fiscal Impact: None) - APPROVED AIRPORTS CA-5) Proposed Amendment No. 1 to Lease Agreement with Casey C. Cook and Rebecca A. Cook Family Trust for Hangar Site 12D, Meadows Field Airport, to allow for addition of a security deposit provision (Fiscal Impact: None) - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-6) Proposed Amendment No. 1 to Lease Agreement with Bruce Grieves for Hangar Site 23, Taft Airport, to allow for expanded premises and increase in annual rent from $268 to $518 (Fiscal Impact: $250 Annually; Airports Enterprise Fund; Not Budgeted; Discretionary) - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-7) Proposed Recognition and Attornment Agreement with Fresno MSA Limited Partnership dba Verizon Wireless for installation of communication equipment at Lease Site 15 at Meadows Field Airport (Fiscal Impact: None) - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15061; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

3 Summary of Proceedings Page 5 ASSESSOR-RECORDER CA-8) Proposed Agreement between California Assessors Association and Harold W. Bertholf, Inc., to provide participating counties with Petroleum and Geothermal Property Sales Study from November 1, 2012 through October 31, 2014, in an amount not to exceed $65,000 per year (Fiscal Impact: $65,000; Budgeted; Discretionary) - APPROVED; AUTHORIZED ASSESSOR-RECORDER TO SIGN CA-9) Request approval of mid-year capital asset acquisition to purchase one map scanner/printer, in an amount not to exceed $17,000 (Fiscal Impact: $17,000; Not Budgeted; Discretionary) - APPROVED CA-10) Proposed Agreement and Addendum with Costar Realty Information, Inc., containing non-standard terms and conditions, to provide eight licenses for subscription services of commercial sales information, from November 1, 2012 through October 31, 2013, in an amount not to exceed $17,400 (Fiscal Impact: $17,400; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT AUDITOR-CONTROLLER-COUNTY CLERK CA-11) Appropriations for Contingencies for various Departments and request to establish a separate budget unit within the Recorder s fund in order to accurately complete this cancellation (Fiscal Impact: Increase in Fund Balance Available for General Fund $586,371, Road Fund $48,061, Human Services $14,704, Human Services Financial Aid $47,901, Mental Health $21, Aging & Adult $5,119, Child Support $7,349, Recorder $16,935, Employers Training Resource WIA $237,890, In-Home Supportive Services $21,141) - AUTHORIZED AUDITOR-CONTROLLER- COUNTY CLERK TO ESTABLISH BUDGET UNIT 2701 AND TRANSFER SPECIFIED ADDITIONAL FUND BALANCE AVAILABLE, DUE TO CANCELLATION OF OVER-ACCRUED EXPENDITURES, TO APPROPRIATIONS FOR CONTINGENCIES IN EACH CORRESPONDING FUND CHILD SUPPORT SERVICES 12) Proposed addition of two Program Specialist I/II, one Marketing and Promotions Associate, one Utility Worker and three Legal Secretary positions and deletion of seven Child Support Officer I/II/III positions, Budget Unit 2183, effective November 3, 2012 (Fiscal Impact: $12,965 Annual Savings; State/Federal Grant Funded; Not Budgeted; Discretionary) - APPROVED; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE Watson-Maggard: All Ayes REFERRED TO COUNTY ADMINISTRATIVE OFFICE TO BRING BACK AN ANALYSIS ON CENTRALIZING MARKETING, OUTREACH AND PUBLIC INFORMATION SERVICES FOR COUNTY DEPARTMENTS Maggard-Watson: All Ayes

4 Summary of Proceedings Page 6 COUNTY COUNSEL CA-13) CA-14) Proposed Ordinance adding Subsection (1) to Section , Chapter of Title 10 of the Kern County Ordinance Code establishing a 45- mile-per-hour speed limit on Allen Road between Hageman Road and Rosedale Highway (State Route 58), a distance of approximately 2,622 feet, Bakersfield (Fiscal Impact: None) - WAIVED READING; INTRODUCED ORDINANCE Proposed Ordinance adding Subsection (1) to Section , Chapter of Title 10 of the Kern County Ordinance Code establishing a 45- mile-per-hour speed limit on Hageman Road between Santa Fe Way and Allen Road, a distance of approximately 776 feet, Bakersfield (Fiscal Impact: None) - WAIVED READING; INTRODUCED ORDINANCE CA-15) Proposed Ordinance adding Subsection (3) to Section to Chapter of Title 10 of the Kern County Ordinance Code establishing a no-parking zone along east and west side of Tehachapi Willow Springs Road beginning at Jameson Road, then south for a distance of 475 feet, Tehachapi (Fiscal Impact: None) - WAIVED READING; INTRODUCED ORDINANCE CA-16) Proposed Ordinance adding Section to Chapter of Title 10 of the Kern County Ordinance Code establishing a 40-mile-per-hour speed limit on Reeves Street between Red Apple Avenue and Valley Boulevard (State Route 202), a distance of approximately 2,920 feet, Tehachapi (Fiscal Impact: None) - WAIVED READING; INTRODUCED ORDINANCE CA-17) Proposed Attorney Retainer Agreement with Wulfsberg Reese Colvig & Firstman for specialized construction law legal services concerning the issuance of a Request for Proposal / Request for Qualification (RFP / RFQ) for bridging architectural services for the new Kern County Justice Facility located at Lerdo, in an amount not to exceed $25,000 (Fiscal Impact: $25,000; AB 900 Phase II Construction Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT FIRE DEPARTMENT 18) Proposed Agreement with Honeywell International, Inc., containing nonstandard terms and conditions, to procure aircraft engine repair manuals from October 23, 2012 through July 6, 2017, in an amount not to exceed $2,864 (Fiscal Impact: $2,864; Budgeted; Fire Fund; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT ; AUTHORIZED PURCHASING AGENT TO ISSUE PURCHASE ORDER

5 Summary of Proceedings Page 7 KERN MEDICAL CENTER CA-19) Proposed Amendment No. 5 to sole source Master License Agreement with Milliman Care Guidelines, LLC, an independent contractor, for care guidelines and software license, extending the term for three years from October 24, 2012 through October 23, 2015, adding the Interrater Reliability Tool Product, and increasing the maximum payable by $96,707 to cover the extended term and additional services (Fiscal Impact: $96,707 [FY $30,677]; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-20) Proposed Contract Supplement No. 1-1CW72E to Information Systems Agreement with McKesson Technologies, Inc., an independent contractor, for the EMC Centera storage system and extended/recurring maintenance services from October 24, 2012 through October 23, 2013, in an amount not to exceed $11,244 (Fiscal Impact: $11,244; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-21) CA-22) Proposed sole source Agreement with Ino Therapeutics, LLC, dba Ikaria, an independent contractor, for the purchase of inhaled nitrous oxide services, from December 1, 2012 through November 30, 2015, in an amount not to exceed $50,000 annually for a total not to exceed amount of $150,000 (Fiscal Impact: $150,000 [FY $50,000]; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT ; AUTHORIZED COUNTY PURCHASING AGENT TO ISSUE PURCHASE ORDER Proposed retroactive Amendment No. 1 to sole source Agreement with Conceptus, Inc., an independent contractor, for purchase of Essure, histeroscopic sterilization kits for use by the Department of Obstetrics and Gynecology, extending the term for three years from July 13, 2012 to July 12, 2015, and increasing the maximum payable by $238,500 annually for a total not to exceed amount of $715,500, from $780,000 to $1,495,500, to cover the extended term (Fiscal Impact: $715,500 [FY $238,500]; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT LIBRARY Hearing 23) Hearing on proposed Resolution adopting Library policy protecting minors from harmful matter over the internet at Libraries (Fiscal Impact: $16,000 Estimated Savings; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; APPROVED; ADOPTED RESOLUTION Maggard-Goh: All Ayes

6 Summary of Proceedings Page 8 MENTAL HEALTH SERVICES CA-24) CA-25) Proposed Amendment No. 1 to Agreement with Good Samaritan Hospital, to increase maximum compensation and service levels by $1,047,000 for a new total not to exceed amount of $1,082,000 (Fiscal Impact: $1,047,000; Realignment; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT Proposed Amendment No. 1 to Agreement with Good Samaritan Hospital, to increase maximum compensation and service levels by $120,500 for a new total not to exceed amount of $230,500 (Fiscal Impact: $120,500; Realignment; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-26) Proposed Amendment No. 1 to Agreement with San Diego Center for Children, to provide day rehabilitation treatment services for Kern County children in out-of-county group home placements (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT PARKS AND RECREATION DEPARTMENT 27) Report on 2012 Cooling Centers Program (Fiscal Impact: None) - NORMA HARL, JEAN STANTON, KATHLEEN BLOUNT, AND DIRECTOR OF AGING AND ADULT SERVICES LITO MORILLO, HEARD; RECEIVED AND FILED Maggard-Goh: All Ayes PARKS AND RECREATION Wildlife Resources Commission CA-28) CA-29) Proposed funding request from State of California Department of Fish and Game to purchase pheasant for the 2012 Women s Pheasant Hunt, in an amount not to exceed $725 (Fiscal Impact: $725; State; Budgeted; Discretionary) - APPROVED Proposed funding request from State of California Department of Fish and Game to purchase pheasant for the 2012 Family Pheasant Hunt, in an amount not to exceed $1,450 (Fiscal Impact: $1,450; State; Budgeted; Discretionary) - APPROVED PERSONNEL CA-30) Classification of positions recommended by Civil Service Commission effective November 3, 2012 (Fiscal Impact: None) - APPROVED; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE

7 Summary of Proceedings Page 9 PROBATION CA-31) Request approval of mid-year capital asset acquisition to purchase one 3/4-ton truck in the amount of $38,000 (Fiscal Impact: $38,000; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR- CONTROLLER TO PROCESS NECESSARY BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS 32) AB 109 financial summary and data tracker reports from April 1, 2012 through June 30, 2012 as presented to the Community Corrections Partnership Committee on September 19, 2012 (Fiscal Impact: None) - UNDERSHERIFF ROSEMARY WAHL, DISTRICT ATTORNEY LISA GREEN, AND DIRECTOR OF MENTAL HEALTH SERVICES DR. JAMES WATERMAN, HEARD; RECEIVED AND FILED McQuiston-Maggard: All Ayes REFERRED TO COUNTY ADMINISTRATIVE OFFICE (CAO) TO BRING BACK A RESOLUTION FOR BOARD CONSIDERATION CONCERNING AB 109 FUNDING ALLOCATIONS AND STATE REIMBURSEMENT FORMULAS, AND DIRECTED CAO TO ENLIST SUPPORT FROM COUNTIES TO CHANGE DISTRIBUTION FORMULA Watson-Goh: All Ayes PUBLIC HEALTH SERVICES CA-33) Proposed Amendment No. 2 to Agreement with Housing Authority of the County of Kern for Housing Opportunities for Persons with HIV/AIDS, increasing level of services and increasing maximum compensation by $9,811, for a new total not to exceed amount of $445,019 (Fiscal Impact: $9,811; Federal; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT PUBLIC HEALTH SERVICES Environmental Health Division CA-34) Request to accept retroactive grant award and appropriate unanticipated revenue from the Federal Department of Health and Human Services Food and Drug Administration for development of a nationally integrated food safety system from September 10, 2012 through June 30, 2013, in an amount not to exceed $69,961 (Fiscal Impact: $69,961 Revenue; Federal Grant; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS SHERIFF CA-35) Request for relief from accountability of one account receivable totaling $ (Fiscal Impact: $818.62; Not Budgeted; Discretionary) - APPROVED

8 Summary of Proceedings Page 10 CA-36) Request authorization for the Sheriff s Office to sell duty weapon valued at less than $500 (Fiscal Impact: $250 Revenue; Not Budgeted; Discretionary) - MADE FINDING THAT WEAPON LISTED IS VALUED AT LESS THAN $500; AUTHORIZED SALE ADJOURNED TO CLOSED SESSION Watson 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 37) Request for Closed Session regarding conference with designated labor negotiators, Assistant County Administrative Officer, Elissa D. Ladd, and designated staff - Employee organizations: Committee of Interns and Residents, 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 ) - SEE RESULTS OF CLOSED SESSION AT BEGINNING OF 2:00 P.M. SESSION 38) Request for Closed Session regarding conference with real property negotiators, John Nilon, County Administrative Officer, and designated staff, concerning price and terms of payment negotiations with Eric Averett, Rosedale Rio Bravo Water Storage District, regarding real property interest in parcels located in Kern County as follows: Assessor Parcel Numbers: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , (Government Code Section ) - NO REPORTABLE ACTION TAKEN

9 Summary of Proceedings Page 11 COUNTY COUNSEL 39) Request for Closed Session regarding a lawsuit entitled Chevron U.S.A., Inc, et al. v. County of Kern, KCSC Case No. S-1500-CV DRL (Government Code Section (a)) - WITHDRAWN 40) Request for Closed Session regarding a lawsuit entitled Florencio Lucero, et al. v. County of Kern, et al., Kern County Superior Court No. S-1500-CV WDP (Government Code Section (a)) - NO REPORTABLE ACTION TAKEN 41) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b)(1) of Government Code Section : (One potential case) - SEE RESULTS OF CLOSED SESSION AT BEGINNING OF 2:00 P.M. SESSION 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