SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, November 15, :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: 4 Present; 1 Absent - Scrivner 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. NOTE: Supervisor Scrivner arrived prior to consideration of the Consent Agenda CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: ALL ITEMS LISTED WITH A "CA" OR "C" WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION. NOTE: David Fluhart pulled Item Nos. 5, 10, 11, 12, 13, 17, 18, and 20 off the Consent Agenda and provided comments. These items were all considered immediately following approval of the Consent Agenda. BOARD ACTION SHOWN IN CAPS REPORT ON ACTIONS TAKEN IN CLOSED SESSION Item No. 37 concerning PUBLIC EMPLOYEE APPOINTMENT/RECRUITMENT - Title: County Counsel (Government Code Section 54957) CHAIRMAN GLEASON ANNOUNCED THAT BY A UNANIMOUS 5-0 VOTE, THE BOARD APPROVED THE APPOINTMENT OF ASSISTANT COUNTY COUNSEL MARK NATIONS AS INTERIM COUNTY COUNSEL, EFFECTIVE IMMEDIATELY; MARK NATIONS HEARD Item No. 38 concerning PUBLIC EMPLOYEE APPOINTMENT/RECRUITMENT - Title: County Administrative Officer (Government Code Section 54957) - HEARD; CONTINUED TO IMMEDIATELY FOLLOW THE 2:00 P.M. SESSION (See Item No. 26) Item No. 39 concerning a CONFERENCE WITH LABOR NEGOTIATORS - Agency designated representatives: Senior Fiscal and Policy Analyst, Jason Wiebe, and designated staff - Unrepresented Employee: County Administrative Officer (Government Code Section ) - HEARD; NO REPORTABLE ACTION

2 Summary of Proceedings PM Page 2 Item No. 40 concerning a CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section (d)(1)) Name of case: D.G., a minor, et al., v County of Kern, et al., United States District Court Case Number 1:15:CV JAM-JLT - HEARD; NO REPORTABLE ACTION Item No. 41 concerning a CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section (d)(1)) Name of case: Unruh v. County of Kern, et al., Kern County Superior Court Case Number: BCV NFT - HEARD; NO REPORTABLE ACTION Item No. 42 concerning a CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section (d)(2)(e)(3)) 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: The receipt of a claim pursuant to the Government Claims Act or some other written communication from a potential plaintiff threatening litigation, which non-exempt claim or communication is available for public inspection - HEARD; NO REPORTABLE ACTION Item No. 43 concerning a CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code Section (d)(1)) Name of case: County of Kern, v. High Speed Rail Authority, Sacramento County Superior Court Case No HEARD; NO REPORTABLE ACTION Item No. 44 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! DAVID ABBASI HEARD CONCERNING M`EDICAL MARIJUANA REGULATIONS DAVID FLUHART HEARD REGARDING OUTCOME OF ELECTIONS 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]) NO ONE HEARD

3 Summary of Proceedings PM Page 3 DEPARTMENTAL REQUESTS PLANNING AND NATURAL RESOURCES DEPARTMENT CA-3) CA-4) S.D. #2 Proposed Williamson Act Land Use Contract No with the Beverly Family Trust, for 2017 calendar year; acres; Agricultural Preserve No. 10; Environmental Review: Categorically Exempt, pursuant to Section 15317, of the State CEQA Guidelines (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; DIRECTED CLERK OF THE BOARD TO RECORD Request for a Determination of Public Convenience or necessity for the issuance of an off-sale beer and wine - package store (Type 20) liquor license located at 5615 Laval Road, Wheeler Ridge area; Environmental Review: General Rule, Pursuant to Section 15061(b)(3) of the State CEQA Guidelines (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION AND RECOMMENDED FINDINGS S.D.s #2 and #4 5) Proposed Amendment No. 2 to Consulting Agreement with Kimley-Horn and Associates, Inc. for increased scope of work and additional costs for professional services and assistance for preparation of Environmental Impact Report for the Grapevine Specific and Community Plan (Fiscal Impact: $65,000; Applicant Trust Fund; Not Budgeted; Discretionary) - DAVID FLUHART HEARD; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-6) S.D.s #2, #3, #4, and #5 Public hearing for proposed substantial amendment to the County Of Kern Fiscal Year and FY Annual Action Plans for Community Development Programs (Fiscal Impact: $629,349; Federal Funds; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; APPROVED CREATION OF PUBLIC SAFETY SERVICES PROGRAM FOR THE FOLLOWING RESPONSE AREAS: EAST BAKERSFIELD, MOJAVE, AND NORTH AREA WHICH INCLUDE: CD PROJECT NO NORTH AREA PUBLIC SAFETY SERVICES PROGRAM, MOJAVE PUBLIC SAFETY SERVICES PROGRAM AND CD PROJECT NO EAST BAKERSFIELD PUBLIC SAFETY SERVICES PROGRAM; APPROVED MODIFICATIONS TO FY AND FY ANNUAL ACTION PLANS; AUTHORIZED PLANNING AND NATURAL RESOURCES DEPARTMENT - COMMUNITY DEVELOPMENT DIVISION TO MAKE ALL NECESSARY BUDGET TRANSFERS; AND AUTHORIZED DIRECTOR OF PLANNING AND NATURAL RESOURCES DEPARTMENT TO SIGN AND SUBMIT ALL RELATED DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

4 Summary of Proceedings PM Page 4 CA-7) All S.D.s Proposed Agreement with Golden Empire Affordable Housing, Inc. II (GEAHI II) to obligate $1,230,000 in Home Investment Partnerships (HOME) Funds for GEAHI II scattered site rentals, Project No (Fiscal Impact: $1,230,000; HOME Program; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT ; AUTHORIZED PLANNING AND NATURAL RESOURCES DIRECTOR TO IMPLEMENT ACTIVITY AND EXECUTE DOCUMENTS AS REQUIRED, INCLUDING DEED RESTRICTION AGREEMENTS, SECURITY AGREEMENTS, ESCROW INSTRUCTIONS, ASSIGNMENT AND ASSUMPTION AGREEMENTS, AND OTHER DOCUMENTS NECESSARY, ALL IN A FORM APPROVED BY COUNTY COUNSEL 8) Proposed sole source Consulting Agreement with Kimley-Horn and Associates, Inc. for preparation of an Environmental Impact Report and staffing assistance for options to amend the Kern County Zoning Ordinance Code to address land use regulations for medicinal and recreational cannabis (Fiscal Impact: $320,430; General Plan Surcharge; Not Budgeted; Discretionary) - DAVID ABBASI, DAVID FLUHART, T.J. ESPOSITO, AND DELIA DEE DOMINGUEZ, HEARD; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT Perez-Scrivner: All Ayes PUBLIC WORKS DEPARTMENT - Administration and Engineering CA-9) S.D. #2 Proposed Resolution of Acceptance of Offers of Dedication of Easement, Declaration as Public Highway and Incorporation into County Road System as portions of Cummings Valley Road, Tehachapi (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION ; DIRECTED CLERK OF THE BOARD TO RECORD 10) Contract No , Plans, Specifications and Notice to Contractors for gatehouse and site improvements at Tehachapi Recycling and Sanitary Landfill (Fiscal Impact: $805,690; Solid Waste Enterprise Fund; Budgeted; Discretionary) - DAVID FLUHART HEARD; MADE FINDING THAT 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, JANUARY 11, 2017, AT 11:00 A.M.

5 Summary of Proceedings PM Page 5 S.D. #3 11) Contract No , Plans, Specifications and Notice to Contractors for traffic signal on Fruitvale Avenue at Meany Avenue, Bakersfield (Fiscal Impact: $451,055; Congestion Mitigation and Air Quality Improvement Program Funds; Budgeted; Discretionary) - DAVID FLUHART HEARD; MADE FINDING THAT PROJECT IS CATEGORICALLY EXEMPT FROM FURTHER CEQA REVIEW, PER SECTION 15301(c) OF THE 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, DECEMBER 14, 2016, AT 11:00 A.M. PUBLIC WORKS DEPARTMENT - Building and Development S.D. #2 12) Request to extend and amend Subdivision Improvement Agreement and Monumentation Agreement, extending time to complete work to November 17, 2017, Tract 6450, Phase A, FH II, LLC (Fiscal Impact: None) - DAVID FLUHART HEARD; APPROVED; AUTHORIZED CHAIRMAN TO SIGN; RETAINED EXISTING IMPROVEMENT SECURITIES All S.D.s 13) Proposed Ordinance related to expedited permitting procedures for electric vehicle charging stations (Fiscal Impact: None) - DAVID FLUHART HEARD; MADE FINDING THAT ORDINANCE IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO STATE CEQA GUIDELINES SECTION 15061(b)(3); AUTHORIZED CLERK OF THE BOARD TO FILE NOTICE OF EXEMPTION IF REQUESTED; WAIVED READING; INTRODUCED ORDINANCE CA-14) Public Hearing regarding Ordinance repealing and adding new Chapters of Title 17 ("Code of Building Regulations") of Kern County Ordinance Code as following: 17.04, 17.06, 17.08, 17.10, 17.12, 17.16, 17.20, 17.24, 17.26, 17.28, 17.32, 17.34, 17.36, 17.40, 17.44, and 17.56, which includes adoption of California Building Standards Code, as modified, to provide new Code of Building Regulations (Fiscal Impact: None) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; ENACTED ORDINANCE G-8670 PUBLIC WORKS DEPARTMENT - Finance CA-15) S.D. #1 Request for approval of exemption of Land Use Fees (based on allowable exemptions) by Gyana R. Satpathy Assessor s Parcel No. (APN) for Fiscal Year (Fiscal Impact: $82.89 Revenue Decrease; Solid Waste Enterprise Fund; Not Budgeted; Discretionary) - APPROVED

6 Summary of Proceedings PM Page 6 COUNTY ADMINISTRATIVE OFFICE 16) Proposed Resolution of support for Tejon Indian Tribe s desire to establish tribal headquarters and community center at 4941 David Road, Arvin; and proposed Memorandum of Understanding (MOU) with Tejon Tribe to reimburse County for services connected with non-gaming use of property; including finding and determination that approval of the MOU does not constitute an approval of a project under the California Environmental Quality Act (CEQA) because it does not constitute an approval of a change in land use or other project and does not commit the County to approve or carry out a particular course of action or any activity that will cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment (Public Resources Code Section 21065(a); 14 Cal. Code of Regulations 15352); and further finding and determination that approval of the MOU is not a project under CEQA because it is the approval of a funding mechanism for the Tejon Tribe to pay for certain public services generally funded by property taxes that it may receive from County at the property once the property is taken into trust by the United States Department of the Interior and does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment (14 Cal.Code of Regulations 15378(b)(4)); and authorizing the filing of a Notice of Exemption with the County Clerk (Fiscal Impact: None) (from 10/11/2016) - OCTAVIO ESCOBEDO, TRIBAL CHAIRMAN, TEJON INDIAN TRIBE; FRANK REINA; LARRY MOXLEY, REPRESENTING TEJON INDIAN TRIBE, AND KATHRYN MONTES MORGAN, ENROLLMENT COMMITTEE CHAIR, TEJON INDIAN TRIBE, HEARD; APPROVED; ADOPTED RESOLUTION ; AUTHORIZED FILING OF NOTICE OF EXEMPTION WITH COUNTY CLERK; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT Perez-Maggard: All Ayes 17) Request to appropriate and designate unanticipated revenue from the State of California for 2011 Realigned Public Safety Programs in the amount of $2,581,698 and cancellation of designation of prior year carryforward in the amount of $1,559,762 (Fiscal Impact: $4,141,460; County Local Revenue Fund 2011; Not Budgeted; Discretionary) - DAVID FLUHART HEARD; APPROVED; AUTHORIZED AUDITOR- CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS 18) Adopt position in support of consolidating domestic violence services through Kern County Family Justice Center and film a brief "We Are In" segment at the conclusion of today s meeting (Fiscal Impact: None) - DAVID FLUHART AND DISTRICT ATTORNEY LISA GREEN, HEARD; APPROVED CA-19) Proposed revisions to County Administrative Policy and Procedures Manual - Chapter 1, Human Resources (Fiscal Impact: None) - APPROVED

7 Summary of Proceedings PM Page 7 COUNTY ADMINISTRATIVE OFFICE - General Services Division All S.D.s 20) Proposed Fleet Card Program Agreement, containing non-standard terms and conditions, with U.S. Bank National Association for the Voyager Fuel Fleet Card Program from November 15, 2016 to November 14, 2021 in an amount not to exceed $2.5 million annually (Fiscal Impact: None) - DAVID FLUHART HEARD; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT ; AUTHORIZED PURCHASING AGENT TO ADMINISTER AGREEMENT MATTERS FOR EXECUTIVE APPROVAL CA-21) Budget Transfers APPROVED NOS. 038 THROUGH 052 CA-22) CA-23) CA-24) Minutes for week of October 3, APPROVED Miscellaneous Letters and Documents - FILED Letters Received and Referred by Clerk of the Board - APPROVED AND FILED CA-25) Claims and Lawsuits Filed with and Referred by Clerk of the Board - APPROVED AND FILED ADJOURNED TO CLOSED SESSION Perez

8 Summary of Proceedings PM Page 8 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 26) Public Employee Appointment/Recruitment - Title: County Administrative Officer (Government Code Section 54957) (from 9:00 a.m. session, Item No. 38) RECONVENED FROM CLOSED SESSION, ADJOURNED TO TUESDAY, DECEMBER 6, 2016 AT 9:00 A.M. Perez-Maggard /s/ Kathleen Krause Clerk of the Board /s/ Mick Gleason Chairman, Board of Supervisors

9 Summary of Proceedings PM Page 9 23) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED Animal Services A) Twenty thank you letters re donations received for Kern County Animal Shelter Parks and Recreation B) Memo re Frazier Mountain Park Pond - Status of County s attention to the issue of the pond drying up and recommendation on next steps to address issue Treasurer-Tax Collector C) Cash Receipts and Disbursements for October 2016 Miscellaneous D) Letter from Ted Page, Kern County Water Agency, re Kern River Groundwater Sustainability Agency (Copies to each Supervisor, CAO, County Counsel, and Planning and Natural Resources) E) from Judythe Coffman re solar panel projects (Copies to each Supervisor, CAO, Planning and Natural Resources, and County Counsel) F) from Katherine Vargo re Hall Ambulance contract (Copies to each Supervisor, CAO, Human Resources, County Counsel, and Public Health - Emergency Medical Services) G) and letter from Cheryl Schmit re proposed Memorandum of Understanding between Kern County and the Tejon Indian Tribe (Copies to each Supervisor, CAO, County Counsel, and Planning and Natural Resources) H) Notice from Lt. J.A. Williams, California Highway Patrol re Hazardous Materials Incident Report on October 19, 2016, State Route 14, south of State Route 178 west (Copies to Fire-Haz Mat and Environmental Health Services) I) Notice from Mark S. Turner, Department of Transportation re Relinquishment of Highway Right of Way in the County of Kern, Road 06- KER-166-PM 14.86, Request No (Copies to each Supervisor, CAO, Public Works, and County Counsel) J) Agenda for Early Childhood Council of Kern meeting on November 9, ) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Letter from Anthony J. Amarante re request to receive information related to the development of a Groundwater Sustainability Agency or any Groundwater Sustainability Plans in the area - REFERRED TO CAO (Copy to County Counsel)

10 Summary of Proceedings PM Page 10 25) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Angelica Espinoza and Richard Espinoza v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) B) Claim in the matter of Ana Maria Gonzales Lopez and Pedro Derkevorkian v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) C) Claim in the matter of Theresa Perez v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) D) Claim in the matter of Bella Stone Smith or Nyami Stone Smith v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) E) Declaration in the matter of Antonio J. Gomez v. Clerk of Bakersfield Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) F) Summons in a Civil Case in the matter of Mark Ashely v. Donny Youngblood, et al. (United States District Court, Eastern District of California, Case No. 1:16-CV DAD-JLT) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) G) Summons in a Civil Case in the matter of Darren Wonderly v. Donny Youngblood, et al. (United States District Court, Eastern District of California, Case No. 1:16-CV LJO-JLT) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) ###