SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, June 14, :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: 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, JUNE 14, 2016, AT 9:00 A.M. - Item No. 59 concerning PUBLIC EMPLOYEE APPOINTMENT/ RECRUITMENT - Title: County Administrative Officer (Government Code Section 54957) - HEARD; NO REPORTABLE ACTION Item No. 60 concerning PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: Director of Libraries (Government Code Section 54957) - HEARD; NO REPORTABLE ACTION Item No. 61 concerning a CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section (d)(1)) Katherine Keel v. County of Kern, Kern County Superior Court Case Number BCV SPC - HEARD; NO REPORTABLE ACTION

2 Summary of Proceedings PM Page 2 Item No. 62 concerning a CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section (d)(1)) Denise Underhill v. County of Kern, WCAB Case Numbers ADJ and ADJ THE BOARD CONFERRED WITH COUNSEL AND STAFF REGARDING WORKERS' COMPENSATION CASES FOR DEATH BENEFITS FILED ON MS. UNDERHILL S BEHALF FOR THE BENEFIT OF HER MINOR SON, RYAN UNDERHILL. MS. UNDERHILL WAS EMPLOYED AS A DETENTIONS DEPUTY WITH THE KERN COUNTY SHERIFF S OFFICE AT THE TIME OF HER DEATH. BY A UNANIMOUS 5-0 VOTE, THE BOARD APPROVED SETTLEMENT AUTHORITY TO COUNTY COUNSEL BY WAY OF A COMPROMISE & RELEASE FOR $342,000; AUTHORIZED THE AUDITOR-CONTROLLER TO ISSUE WARRANTS AS REQUESTED BY COUNTY COUNSEL; AND AUTHORIZED COUNTY COUNSEL TO PRESENT THE PROPOSED SETTLEMENT TO THE WORKERS' COMPENSATION APPEALS BOARD AND TO EXECUTE ALL NECESSARY SETTLEMENT DOCUMENTS Item No. 63 concerning a CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section (d)(2)(e)(2)) Number of cases: One hundred forty (140) Significant exposure to litigation in the opinion of the Board of Supervisors on the advice of legal counsel, based on: Facts and circumstances, including, but not limited to, an accident, disaster, incident, or transactional occurrence that might result in litigation against the County and that are known to a potential plaintiff or plaintiffs: Kern Medical s obligations to drug manufacturers under the federal 340B Drug Pricing Program (42 USC Section 256b) - HEARD; NO REPORTABLE ACTION Item No. 64 concerning a CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section (d)(2)(e)(1)) Number of cases: One (1) 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 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

3 Summary of Proceedings PM Page 3 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]) SUPERVISOR COUCH HEARD REGARDING STATUS UPDATE ON REVISIONS TO ZONING ORDINANCE REGARDING LAND USE APPROVAL PROCESS FOR OIL AND GAS EXPLORATION, EXTRACTION, OPERATIONS AND PRODUCTION ACTIVITIES; LORELEI OVIATT, DIRECTOR, PLANNING AND NATURAL RESOURCES DEPARTMENT RESPONDED DEPARTMENTAL REQUESTS PLANNING AND NATURAL RESOURCES DEPARTMENT S.D. #2 3) Request to accept donations to the Renewable Energy Neighborhood Energy Enhancement Wind and Solar Business Investment Zone (RENEWBIZ) "Sponsor a Solar Streetlight Program," totaling $150,384 (Fiscal Impact: $150,384; Not Budgeted, Discretionary) - ACCEPTED DONATIONS; AUTHORIZED CHAIRMAN TO SIGN LETTERS OF APPRECIATION Scrivner-Couch: All Ayes CA-4) Request from Tejon Industrial Corporation by McIntosh and Associates for a summary vacation of Santa Regina Drive, between Wheeler Ridge Road and Del Oro Drive in the Wheeler Ridge area; Environmental Review: General Rule, Pursuant to Section 15061(b)(3), of the State CEQA Guidelines (Fiscal Impact: None) - ADOPTED RESOLUTION AND RECOMMENDED FINDINGS APPROVING SUMMARY VACATION AS PROPOSED PUBLIC WORKS DEPARTMENT - Administration and Accounting All S.D.s 5) Hearing on Fiscal Year service charges for all County Service Areas (CSAs) (Fiscal Impact: $5,021,469; CSAs; Budgeted; Mandated) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; APPROVED SERVICE CHARGES; ADOPTED RESOLUTION ; WAIVED READING; ENACTED ORDINANCE G-8644 PUBLIC WORKS DEPARTMENT - Building and Development S.D. #3 6) Debt Advisory Committee hearing pursuant to the Tax Equity and Fiscal Responsibility Act (TEFRA) and proposed Resolution to approve issuance of $6,500,000 in multifamily housing revenue bonds by Golden State Finance Authority for Harmony Court Apartments, consisting of 96-unit multifamily rental housing project located at 5948 Victor Street, Bakersfield (Fiscal Impact: None) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; APPROVED ISSUANCE OF BONDS FOR PURPOSES OF TEFRA BY GOLDEN STATE FINANCE AUTHORITY; ADOPTED RESOLUTION Scrivner-Couch: All Ayes

4 Summary of Proceedings PM Page 4 7) Debt Advisory Committee hearing pursuant to the Tax Equity and Fiscal Responsibility Act (TEFRA) and proposed Resolution to approve issuance of $10,700,000 in multifamily housing revenue bonds by Golden State Finance Authority for Summerhill Family Apartments, consisting of 128-unit multifamily rental housing project located at 6200 Victor Street, Bakersfield (Fiscal Impact: None) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; APPROVED ISSUANCE OF BONDS FOR PURPOSES OF TEFRA BY GOLDEN STATE FINANCE AUTHORITY; ADOPTED RESOLUTION PUBLIC WORKS DEPARTMENT - Engineering S.D. #1 CA-8) Proposed Contract No with DOD Construction for pedestrian path improvements in the Highland Elementary School area, in an amount not to exceed $297,815 (Fiscal Impact: $297,815; Active Transportation Program Fund and Road Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-9) Proposed Joint Use Agreement with Chevron U.S.A., Inc., for utility relocation for the Seventh Standard Road at State Route 99 Interchange Improvement and Union Pacific Rail Road (UPRR) Overcrossing Project (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT S.D. #4 CA-10) Contract No with Griffith Company for shoulder improvements on Holloway Road from State Route 46 to Twisselman Road, in an amount not to exceed $1,296,921 (Fiscal Impact: $1,296,921; Congestion Mitigation and Air Quality Program Funds and Road Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT S.D. #5 CA-11) Request for approval of submission to the California Department of Housing and Community Development of a California Affordable Housing and Sustainable Communities application, certification and Resolution jointly with Housing Authority of the County of Kern and Americana Community Development, LLC (Fiscal Impact: None) - ADOPTED RESOLUTION ; APPROVED SUBMISSION; AUTHORIZED DIRECTOR OF PUBLIC WORKS TO SIGN CA-12) Request for approval of submission to the California Department of Housing and Community Development of a California Affordable Housing and Sustainable Communities application, certification and Resolution (Fiscal Impact: None) - ADOPTED RESOLUTION ; APPROVED SUBMISSION; AUTHORIZED DIRECTOR OF PUBLIC WORKS TO SIGN

5 Summary of Proceedings PM Page 5 PUBLIC WORKS DEPARTMENT - Operations and Maintenance All S.D.s CA-13) Public hearing to consider Resolution approving the "2015 Annual Review of Garbage Franchises" report and establish schedule of refuse services rates for non-tax roll billed accounts for Fiscal Year , recycling surcharge rates and Hauler Administration Fee for Fiscal Year (Fiscal Impact: None) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING PROJECT IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PER SECTION 15273(a) OF STATE CEQA GUIDELINES; ADOPTED RESOLUTION ; SET HAULER ADMINISTRATION FEE FOR FISCAL YEAR COUNTY ADMINISTRATIVE OFFICE CA-14) Request for authorization to establish appropriations for transfers-out in General Fund Contribution budget units until adoption of the Fiscal Year County Budget (Fiscal Impact: $31,299,374; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS CA-15) CA-16) Proposed Agreement with California State University, Bakersfield Auxiliary for Sponsored Programs Administration, for economic and small business development services, from July 1, 2016 to June 30, 2017, in an amount not to exceed $87,819 (Fiscal Impact: $87,819; Budgeted: Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT Proposed contribution to United Way of Kern County for the Volunteer Income Tax Assistance Program in the amount of $500 (Fiscal Impact: $500; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR- CONTROLLER-COUNTY CLERK TO PAY 17) Proposed Agreement with the Kern County Hospital Authority for specialized forensic pediatrician services, from July 1, 2016 through June 30, 2017, in an amount not to exceed $165,000 (Fiscal Impact: $165,000; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT AS REVISED WITH RESPECT TO COMPLIANCE PROGRAM Maggard-Couch: All Ayes CA-18) Proposed Agreement with the Kern County Hospital Authority and the Office of County Counsel for legal services, effective July 1, 2016 (Fiscal Impact: Unknown Revenue; Hospital Authority; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-19) Proposed Resolution providing for the transfer of the Kern County Pension Plan for Physician Employees to the Kern County Hospital Authority, effective July 1, APPROVED; ADOPTED RESOLUTION

6 Summary of Proceedings PM Page 6 COUNTY ADMINISTRATIVE OFFICE - General Services Division S.D. #1 CA-20) Identify apparent low, responsive and responsible bid submitted by Ken W. Smith Construction for the Camp Yenis Hante Kitchen/Dining Floor Rehabilitation project (Project No. 1650) (Fiscal Impact: None) - IDENTIFIED APPARENT LOW, RESPONSIVE AND RESPONSIBLE BID; AUTHORIZED GENERAL SERVICES TO RELEASE ALL OTHER BID GUARANTEES S.D. #2 CA-21) Public hearing for proposed acquisition of a Conservation Easement on a 286-acre portion of APN from Arnold Pettit (Fiscal Impact: $390,000; Budget Unit 8993; Budgeted; Discretionary) (from 6/7/2016) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING ACTION IS EXEMPT FROM FURTHER CEQA REVIEW PER SECTIONS 15061(B)(3), 15307, AND 15313, OF STATE CEQA GUIDELINES; ADOPTED RESOLUTION ; APPROVED CONSERVATION EASEMENT; AUTHORIZED CHAIRMAN TO SIGN ACCEPTANCE ACKNOWLEDGMENT OF CONSERVATION EASEMENT; AUTHORIZED CHAIRMAN TO SIGN ESCROW INSTRUCTIONS AND ALL RELATED ESCROW DOCUMENTS WHEN AVAILABLE; AND DIRECTED AUDITOR-CONTROLLER TO ISSUE A WARRANT PAYABLE TO PLACER TITLE COMPANY IN AN AMOUNT NOT TO EXCEED $206,000 FROM BUDGET UNIT 8993 S.D. #3 CA-22) Proposed Agreement with Clean Cut Landscape for the ITS Building Xeriscape/Landscape/Irrigation project, in an amount not to exceed $228,053 (Project No D) (Fiscal Impact: $228,053; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT S.D. #5 CA-23) Proposed Amendment No. 3 to Agreement with BSK Associates, Inc., for Office of Statewide Health Planning and Development (OSHPD) inspection services at various Kern Medical projects, to increase amount by $20,000 for a new amount not to exceed of $200,000 (various projects) (Fiscal Impact: $20,000; Kern Medical Capital Project Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-24) Proposed Agreement with AYC Construction for the Arvin/Lamont Administration Building Reroof project, in an amount not to exceed $128,994 (Project No ) (Fiscal Impact: $128,994; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

7 Summary of Proceedings PM Page 7 CA-25) Proposed Agreement with Black/Hall Construction, Inc., for the Jamison Center Restroom Remodel project, in an amount not to exceed $253,111 (Project No ) (Fiscal Impact: $253,111; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-26) Proposed Agreement for lease with Positive Change and Development Center, Inc., to administer after school education programs at 1016 South Owens Street, Bakersfield (Fiscal Impact: None) - MADE FINDING PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PER SECTIONS AND 15061(b)(3) OF STATE CEQA GUIDELINES; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-27) Request for appropriation of unanticipated revenue in the amount of $286,000 from the Kern Medical Enterprise Fund to establish a mid-year major maintenance project for restoration and renovations at the Public Services Building, Project No (Fiscal Impact: $286,000; Kern Medical Enterprise Fund; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTION All S.D.s CA-28) Request for approval to authorize Purchasing Agent to issue purchase orders against the listed contractual services price agreements throughout the indicated terms in amounts exceeding $100,000 (Fiscal Impact: None) - APPROVED CONSIDERATION OF ORDINANCES INTRODUCED ON JUNE 7, 2016 CA-29) Proposed Ordinance amending Section (B)2 of the Kern County Ordinance Code related to the minimum legal age to purchase tobacco products - ENACTED ORDINANCE G-8645 MATTERS FOR EXECUTIVE APPROVAL CA-30) Budget Transfers - APPROVED NOS. 307 THROUGH 323 CA-31) Minutes for week of May 2, APPROVED CA-32) Miscellaneous Letters and Documents - FILED CA-33) Claims and Lawsuits Filed with and Referred by Clerk of the Board - APPROVED AND FILED

8 Summary of Proceedings PM Page 8 ADJOURNED TO TUESDAY, JUNE 21, 2016, AT 9:00 A.M. Couch /s/ Kathleen Krause Clerk of the Board /s/ Mick Gleason Chairman, Board of Supervisors

9 Summary of Proceedings PM Page 9 32) MISCELLANEOUS LETTERS AND DOCUMENTS FILED Animal Services A) Seventeen thank you letters for donations to the shelter Clerk of the Board B) from Assessment Appeals Board Clerk, Melody Nachor, re the passing of Tharrell Ming resulting in a vacancy on the Assessment Appeals Board (Copies to each Supervisor and CAO) C) Received, certified and transmitted to Recorder for recordation, as follows: 1) Parcel Map S.D. #2 General Services D) Franchise Bond issued by Atlantic Specialty Insurance Company, Bond, No in the amount of $10,000, submitted by Regulus Solar LLC, in compliance with Franchise Ordinance F-574; and release of previous Franchise Bond No. SUR issued by Argonaut Insurance Company E) Franchise Bond issued by Atlantic Specialty Insurance Company, Bond, No in the amount of $10,000, submitted by Regulus Solar LLC, in compliance with Franchise Ordinance F-580; and release of previous Franchise Bond No. SUR issued by Argonaut Insurance Company Grand Jury F) Grand Jury Final Report re Kern County Sheriff s Office Mojave Substation (Copies to each Supervisor, CAO and Sheriff) Kern County Hospital Authority G) Resolution , Approval of Master Contract for the Transfer of Health Facilities from the County of Kern to the Kern County Hospital Authority Local Agency Formation Commission (LAFCo) H) Resolution No , in the matter of Municipal Service Review for City of Bakersfield I) Resolution No , in the matter of Amendment of Sphere of Influence: City of Bakersfield J) Notice of Hearing, Proceeding No in the matter of: City of Shafter: Annexation No. 83 K) Notice of Hearing, Proceeding No in the matter of: City of Shafter: Annexation No. 86, County Service Area 71, Detachment F Miscellaneous L) from Chris Horgan, Stewards of the Sequoia, re Willingness to Take Risks and Sustainable Trails (Copies to each Supervisor, CAO, Planning and Natural Resources and County Counsel) M) from Scott Proctor re indoor prostitution (Copies to each Supervisor, CAO, Planning and Natural Resources, Sheriff and County Counsel)

10 Summary of Proceedings PM Page 10 N) from Eric Parks re comments on the EIR for revisions to the Kern County Zoning Ordinance 2015 (Copies to each Supervisor, CAO, Planning and Natural Resources and County Counsel) O) Notice from California Department of Food and Agriculture re Asian citrus psyllid detected in and around Lamont (Copies to each Supervisor, Ag and Measurement Standards and County Counsel) P) Notice from California Department of Food and Agriculture re Asian citrus psyllid detected in and around Lost Hills (Copies to each Supervisor, Ag and Measurement Standards and County Counsel) Q) Notice from California Highway Patrol of collision on May 24, 2016 on State Route 33 near Klipstein Canyon Road (report to follow) (Copies to Environmental Health and Fire-HazMat) R) Notice from State Department of Alcoholic Beverage Control re applications for alcoholic beverage licenses from: 1933, 7900 Downing Avenue, Bakersfield; and Dibo s Enterprises, Inc., 2501 River Boulevard, Bakersfield (Copies to Planning and Natural Resources and Environmental Health) S) from Richard Brown, U.S. Army Corps of Engineers, re Isabella Lake Construction Report, June 2016 (Copies to each Supervisor, CAO, Emergency Medical Services, Fire, Office of Emergency Services, Public Health, Public Works and County Counsel) T) News Release from Los Padres National Forest re Multi-Agency Night Flying Training Set for June 8 (Copies to each Supervisor, CAO, Fire and County Counsel) U) Notice from State Fish and Game Commission re northern spotted owl V) Notice from State Fish and Game Commission re California Spiny Lobster Fishery Management Plan Implementing Regulations W) Agenda for Kern Health Systems Regular Meeting of the Board of Directors on June 9, 2016 X) Summary of Kern Health Systems Board of Directors meeting on May 12, 2016 Y) Summary of Kern Health Systems Board of Directors meeting on May 23, ) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Crystal Pauling v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) B) Claim for Refund in the matter of La Paloma Generating Company, LLC v. County of Kern REFERRED TO COUNTY COUNSEL (Copy to Auditor) ###