SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, September 28, :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 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: All Present SALUTE TO FLAG - Led by Third District Supervisor Mike Maggard 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" WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION. BOARD ACTION SHOWN IN CAPS RESOLUTIONS/PROCLAMATIONS 1) Resolution honoring and welcoming the Friendship Force of Leicestershire, England to Kern County - ADOPTED RESOLUTION; MADE PRESENTATION TO GLENISE LEE, EXCHANGE DIRECTOR, FRIENDSHIP FORCE OF LEICESTERSHIRE, ENGLAND; GLENISE LEE AND PAULINE LARWOOD, EXCHANGE DIRECTOR, FRIENDSHIP FORCE OF KERN COUNTY, HEARD Maggard-Maben: All Ayes 2) Proclamation proclaiming October 2010 as "Paint the Town Pink" Month in Kern County - PROCLAIMED; MADE PRESENTATION TO JENNIFER HENRY, EXECUTIVE DIRECTOR, LINKS FOR LIFE, WHO INTRODUCED SUSAN ESCALANTE, STANA BRIGHT, JOANN NUNN AND STEPHANIE LYNCH; JENNIFER HENRY HEARD McQuiston-Maben: All Ayes

2 Summary of Proceedings Page 2 3) Proclamation proclaiming October 3, 2010 as the 100th Anniversary of Lemucchi s Grocery and Luigi s Restaurant - PROCLAIMED; MADE PRESENTATION TO TIM LEMUCCHI, TONIA VALPREDO AND LANETTE VALPREDO; TIM LEMUCCHI HEARD Rubio-Maben: All Ayes APPOINTMENTS CA-4) CA-5) Reappointment of Anthony Ralph Damiano as At-large Member to the Local Campaign Finance Hearing Panel, term to expire April 29, MADE REAPPOINTMENT Recommendation of the Nominating Committee to appoint Carolyn Temple as At-large Primary member, Environmental Interest Group, to the San Joaquin Valley Air Pollution Control District Citizens Advisory Committee, term to expire January 31, MADE APPOINTMENT PUBLIC PRESENTATIONS 6) 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! DAVID SILVA HEARD REGARDING RELEASE OF IMPOUNDED VEHICLE BOARD MEMBER ANNOUNCEMENTS OR REPORTS 7) 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 ASSESSOR-RECORDER CA-8) Proposed Addendum to Memorandum of Understanding (MOU) Agreement with California Department of Justice for development and implementation of regulations and oversight for Electronic Recording Delivery System, extending term through June 30, 2011, in an amount not to exceed $5, (Fiscal Impact: $5,690.65; Recorder s Electronic Recording Fund; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

3 Summary of Proceedings Page 3 CHILD SUPPORT SERVICES CA-9) Request to employ retired County employee, Joseph T. Rizos, as a Systems Analyst 2, Step E, for a period not to exceed 120 working days or 960 hours, whichever is greater, in the 12-month period following date of employment (Fiscal Impact: $37,083; State/Federal Grant Funded, Not Budgeted; Discretionary) - APPROVED COUNTY COUNSEL CA-10) Request of Employers Training Resource and Mental Health Department for authorization to destroy records no longer necessary or required for County purposes and eligible for destruction (Fiscal Impact: None) APPROVED; AUTHORIZED CHAIRMAN TO SIGN CA-11) Request from Angel J. Arviso for reissuance of county warrant in the amount of $ (Fiscal Impact: None) - DENIED REQUEST EMPLOYERS TRAINING RESOURCE CA-12) Proposed retroactive Agreement with Kern County Superintendent of Schools to provide educational and employment readiness activities for Workforce Investment Act-eligible in-school, alternative school youths from July 1, 2010 through June 30, 2011, in an amount not to exceed $161,843 (prior notification on June 29, 2010) (Fiscal Impact: $161,843; Federal Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-13) CA-14) Proposed retroactive Agreement with Mexican American Opportunity Foundation to provide educational, training and employment activities in their Work Experience Program under the American Recovery and Reinvestment Act and Workforce Investment Act from July 1, 2010 through September 30, 2010, in an amount not to exceed $100,320 (prior notification on July 6, 2010) (Fiscal Impact: $100,320; Federal Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT Proposed retroactive Agreement with Goodwill Industries of South Central California to provide educational, training and employment activities in their Retail Skills Program under the American Recovery and Reinvestment Act and Workforce Investment Act from July 1, 2010 through September 30, 2010, in an amount not to exceed $23,000 (prior notification on July 6, 2010) (Fiscal Impact: $23,000; Federal Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

4 Summary of Proceedings Page 4 KERN MEDICAL CENTER 15) Update report regarding Kern Medical Center s General Fund loan (Fiscal Impact: None) - RECEIVED AND FILED CA-16) Proposed Agreement with Irene M. Spinello, M.D., an independent contractor, for professional medical services in the Department of Medicine, from October 3, 2010 through October 2, 2012, in an amount not to exceed $380,000 (Fiscal Impact: $380,000 ($143,000 FY ); KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT MENTAL HEALTH SERVICES CA-17) CA-18) Proposed authorization to designate specified individuals to initiate application for evaluation and involuntary detention for mentally disordered individuals per Welfare and Institutions Code, Section 5150 (Fiscal Impact: None) - APPROVED Proposed Membership and Joint Exercise of Powers Agreement (JPA) with California Mental Health Services Authority, and Proposed Agreement assigning Mental Health Services Act Prevention and Early Intervention (PEI) funds to California Department of Mental Health (DMH) (Fiscal Impact: None) - APPROVED; AUTHORIZED MENTAL HEALTH DEPARTMENT TO JOIN JPA; APPROVED ASSIGNMENT AGREEMENT AND AUTHORIZED MENTAL HEALTH DIRECTOR TO SIGN ON BEHALF OF THE COUNTY OF KERN PARKS AND RECREATION DEPARTMENT CA-19) Request to employ retired County employee, Jim Iseminger, as an Accountant III, Step E, for a period not to exceed 120 working days or 960 hours, whichever is greater, in the 12-month period following date of employment (Fiscal Impact: $32,735; Not Budgeted; Discretionary) - APPROVED PERSONNEL 20) Classification of positions recommended by Civil Service Commission effective October 9, 2010 (Fiscal Impact: None) - REGINA KANE, PRESIDENT, SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 521, KERN COUNTY CHAPTER; CHUCK WAIDE, SEIU LOCAL 521; MICHAEL TURNIPSEED, KERN COUNTY TAXPAYERS ASSOCIATION; AND ANNE HOLDREN, EXECUTIVE DIRECTOR, KERN COUNTY EMPLOYEES RETIREMENT ASSOCIATION, HEARD (Continued on Page 5)

5 Summary of Proceedings Page 5 (Continued from Page 4) MOTION BY SUPERVISOR MABEN TO APPROVE CLASSIFICATION OF POSITIONS RECOMMENDED BY CIVIL SERVICE COMMISSION, SUBJECT TO THE COUNTY ADMINISTRATIVE OFFICER BRINGING FORWARD CORRESPONDING POSITION DELETIONS IN TWO WEEKS MOTION DIED FOR LACK OF A SECOND APPROVED CLASSIFICATION OF POSITIONS FOR RETIREMENT ASSOCIATION; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE; DENIED CLASSIFICATION OF POSITIONS FOR COUNTY ADMINISTRATIVE OFFICE Maggard-Rubio: 4 Ayes; 1 No - Maben REFERRED TO PERSONNEL, COUNTY ADMINISTRATIVE OFFICE, AND COUNTY COUNSEL TO BRING BACK AN ANALYSIS CONCERNING BOARD APPROVAL OF ALL VERTICAL PROMOTIONS, AND CLARIFICATION OF THE BOARD S AUTHORITY TO REGULATE STEP INCREMENT ADVANCEMENT Maggard-Rubio: All Ayes PROBATION CA-21) Proposed payroll correction for promotion for Rodolfo Rivera, Deputy Probation Officer I/II from August 15, 2009 (Pay Periods 9-17 to 10-16) (Fiscal Impact: $252; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PAY PUBLIC HEALTH SERVICES CA-22) Proposed retroactive Agreement Funding Application with California Department of Public Health for Maternal Child and Adolescent Health Programs for Fiscal Year , in an amount not to exceed $1,573,827 (prior notification June 29, 2010) (Fiscal Impact: $1,573,827; $1,001,363 Federal; $572,464 Realignment; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-23) Proposed retroactive Amendment No. 2 to Agreements ; and with California Department of Public Health for Public Health Emergency Response, to extend the term to July 30, 2011 (Fiscal Impact: Approximately $83,000 Revenue; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-24) Proposed payroll correction for Public Health Nurse Kathy Cross for 30- year longevity pay during 2009, in the amount of $ (Fiscal Impact: $189.48; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PAY

6 Summary of Proceedings Page 6 PUBLIC HEALTH SERVICES Emergency Medical Services Division CA-25) Proposed revisions to Emergency Medical Services Fund claims billing policies and procedures to require filing of electronic claims (Fiscal Impact: None) - APPROVED CA-26) Status report on first-responder paramedic program for Pine Mountain Club (Fiscal Impact: None) - RECEIVED AND FILED RETIREMENT ASSOCIATION 27) Proposed addition of one (1) Retirement Investment Officer position and one (1) Retirement General Counsel I/II position, effective October 1, 2010 (Fiscal Impact: $284,740 KCERA; Budgeted; Discretionary) - DENIED Rubio-Maben: All Ayes SUPERVISOR MAGGARD DISCLOSED THAT HE SERVES AS THE BOARD OF SUPERVISORS REPRESENTATIVE ON KERN COUNTY EMPLOYEES RETIREMENT ASSOCIATION, BOARD OF DIRECTORS SHERIFF 28) Proposed Resolution in opposition to Proposition 19: The Initiative to Legalize Marijuana in California (Fiscal Impact: None) - ED JAGELS, DISTRICT ATTORNEY; AND TOM TUNSON, REPRESENTING BEHAVORIAL HEALTH BOARD, HEARD; ADOPTED RESOLUTION AS AMENDED IN SECTION 1.(b) TO READ, PROPOSITION 19 LIMITS EMPLOYERS OPPORTUNITY TO TAKE DISCIPLINARY ACTION AGAINST EMPLOYEES THAT COME TO WORK UNDER THE INFLUENCE OF MARIJUANA Rubio-Maben: All Ayes CA-29) Proposed Agreement with City of Wasco for law enforcement services, from October 1, 2010 through June 30, 2015, in an amount not to exceed $2,882,828 for FY (Fiscal Impact: $2,882,828 Revenue FY ; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-30) Proposed sole source Agreement with Ernest M. Solano, LSCW, Ph.D., for psychological screening service, from October 1, 2010 through September 30, 2013, in an amount not to exceed $75,000 each fiscal year (Fiscal Impact: $75,000 Annually; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

7 Summary of Proceedings Page 7 CA-31) Proposed Agreement with Prison Ministry of America for maintenance of inmate religious services at the Sheriff s Jail facilities, from September 28, 2010 through September 28, 2011, in an amount not to exceed $119,000 (Fiscal Impact: $119,000; Inmate Welfare Fund; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-32) Request for cancellation of designations and approval to appropriate unanticipated revenue from Sheriff s Civil Debtor Assessment Fund for lease of storage space and initial tenant improvements (Fiscal Impact: $17,000, Sheriff s Civil Debtor Assessment Fund; Not Budgeted; Discretionary) - APPROVED CANCELLATION OF DESIGNATIONS IN SPECIAL REVENUE FUND (CIVIL DEBTOR ASSESSMENT) IN THE AMOUNT OF $17,000; APPROVED INCREASE IN APPROPRIATIONS OF $17,000, BUDGET UNIT 2222, CIVIL DEBTOR ASSESSMENT, ACCOUNT 8851; APPROVED APPROPRIATION OF UNANTICIPATED REVENUE FROM SHERIFF'S CIVIL DEBTOR ASSESSMENT FUND IN THE AMOUNT OF $17,000 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER IN THE AMOUNT OF $17,000 FROM APPROPRIATIONS FOR CONTINGENCIES TO SHERIFF'S BUDGET UNIT 2210 CA-33) Request authorization for Sheriff s Office to sell duty weapon valued at less than $500 (Fiscal Impact: $250; Revenue to County) - MADE FINDING THAT WEAPON LISTED IS VALUED AT LESS THAN $500 AND AUTHORIZED SALE ADJOURNED TO CLOSED SESSION Rubio 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 34) Request for Closed Session regarding conference with designated labor negotiators, County Administrative Officer, John Nilon, and designated staff - Employee organizations: 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, Kern Faculty Association, Service Employees International Union Local 521 (Government Code Section )

8 Summary of Proceedings Page 8 35) Request for Closed Session regarding conference with real property negotiators John Nilon, County Administrative Officer, or his designee, regarding price, terms of payment and conditions of transfer for purchase, sale, exchange or lease concerning potential real property acquisition of a portion of A.P.N ; owned by Associated Builders and Contractors (Government Code Section ) COUNTY COUNSEL 36) Request for Closed Session regarding a lawsuit entitled Sharon Hasty v. County of Kern KCSC Case # S-1500-CV WDP (Government Code Section (a)) SEE RESULTS OF CLOSED SESSION AT THE BEGINNING OF 2:00 P.M. SESSION 37) Request for Closed Session regarding a lawsuit entitled Karen Frye v. County of Kern, et al. USDC (ED) 1:10-CV OWW-DLB (Government Code Section (a)) 38) Request for Closed Session regarding significant exposure to litigation against the County in the opinion of the Board on the advice of legal counsel, based on existing facts and circumstances (Government Code Section (b)(1)) 39) Request for Closed Session regarding significant exposure to litigation against the County arising from facts and circumstances are known to potential plaintiff (memo from County Counsel attached) (Government Code Section (b)(3)(B)) RECONVENED FROM CLOSED SESSION: RECESSED TO 2:00 P.M. McQuiston-Rubio /s/ Kathleen Krause Clerk of the Board /s/ Ray Watson Chairman, Board of Supervisors