SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, March 25, :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 Maggard); Community Action Partnership of Kern (Supervisor Maggard); Kern County Network for Children (Supervisor Gleason); Kern Economic Development Corporation (Supervisors Maggard, Scrivner, and Perez); Southern California Water Committee (Supervisors Couch and Maggard); and Tobacco Funding Corporation, Kern County (Supervisors Maggard and Perez). 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, MARCH 25, 2014, AT 9:00 A.M. - Item No. 43 concerning a CONFERENCE WITH LABOR NEGOTIATORS - Agency designated representatives: County Administrative Officer, John Nilon, and designated staff - Employee organizations: Service Employees International Union Local 521, Union of American Physicians and Dentists (Government Code Section ) - HEARD; CONTINUED TO IMMEDIATELY FOLLOW THE 2:00 P.M. SESSION (See Item No. 26) Item No. 44 concerning PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: Kern Medical Center Chief Executive Officer (Government Code Section 54957) - HEARD; NO REPORTABLE ACTION Item No. 45 concerning PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: County Counsel (Government Code Section 54957) - HEARD; CONTINUED TO IMMEDIATELY FOLLOW THE 2:00 P.M. SESSION (See Item No. 27) Item No. 46 concerning PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: County Administrative Officer (Government Code Section 54957) - HEARD; CONTINUED TO IMMEDIATELY FOLLOW THE 2:00 P.M. SESSION (See Item No. 28)

2 Summary of Proceedings Page 11 Item No. 47 concerning PUBLIC EMPLOYEE APPOINTMENT/ RECRUITMENT - Title: Director of Human Services (Government Code Section 54957) - CHAIRMAN PEREZ ANNOUNCED THAT BY UNANIMOUS VOTE, THE BOARD OF SUPERVISORS APPOINTED DENA MURPHY AS INTERIM DIRECTOR OF HUMAN SERVICES, EFFECTIVE APRIL 1, 2014; DENA MURPHY HEARD Item No. 48 concerning a CONFERENCE WITH LABOR NEGOTIATORS - Agency designated representatives: County Administrative Officer, John Nilon, and designated staff - Unrepresented employee: Director of Human Services (Government Code Section ) - HEARD; NO REPORTABLE ACTION Item No. 49 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! JORDAN KAUFMAN, ASSISTANT TREASURER-TAX COLLECTOR AND DEFERRED COMPENSATION ADMINISTRATOR, RESPONDED TO QUESTIONS FROM SUPERVISOR MAGGARD DURING THE 9:00 A.M. SESSION UNDER BOARD MEMBER ANNOUNCEMENTS OR REPORTS RELATING TO A REQUEST FOR PROPOSALS PROCESS FOR DEFERRED COMPENSATION RECORDKEEPING SERVICES; REFERRED TO TREASURER-TAX COLLECTOR TO REPORT BACK WITHIN 45 DAYS, FOLLOWING THE DEFERRED COMPENSATION ADVISORY COMMITTEE MEETING 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]) SUPERVISOR GLEASON MADE A REFERRAL TO COUNTY ADMINISTRATIVE OFFICE TO BRING BACK AN ANALYSIS TO DETERMINE WHETHER A FINANCIAL THRESHOLD SHOULD BE ESTABLISHED TO ALLOW COUNTY ADMINISTRATIVE OFFICE APPROVAL OF ITEMS BELOW THE THRESHOLD WHICH CURRENTLY REQUIRE BOARD APPROVAL Gleason-Scrivner: All Ayes

3 Summary of Proceedings Page 12 DEPARTMENTAL REQUESTS DEVELOPMENT SERVICES AGENCY Planning and Community Development Department S.D. #1 CA-3) Proposed Williamson Act Land Use Contract with Brian and Maryland Moore commencing in 2015 Calendar Year; acres; Agricultural Preserve No. 14; Environmental Review: Categorically Exempt, pursuant to Section of State CEQA Guidelines (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; DIRECTED CLERK OF THE BOARD TO RECORD CA-4) Proposed Amendment No. 1 to Agreement with Golden Empire Affordable Housing, Inc. II, for Tulare Arms Apartments, Shafter, to increase the HOME Investment Partnerships Program (HOME) commitment by $150,000, for a new not to exceed total commitment of $570,000 (Fiscal Impact: $150,000; HOME; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT ; AUTHORIZED DIRECTOR TO PREPARE AND EXECUTE DOCUMENTS AS NECESSARY TO IMPLEMENT AMENDED ACTIVITY, INCLUDING NEW OR REVISED PROMISSORY NOTES, DEED RESTRICTION AGREEMENTS, SECURITY AGREEMENTS, SUBORDINATION AGREEMENTS, ASSIGNMENT AND ASSUMPTION AGREEMENTS, ESCROW INSTRUCTIONS, AND OTHER DOCUMENTS AS MAY BE REQUIRED, ALL IN A FORM APPROVED BY COUNTY COUNSEL; AUTHORIZED DEPARTMENT STAFF TO RECORD NEW TOTAL COMMITMENT OF $570,000 IN HUD'S INTEGRATED DISBURSEMENT AND INFORMATION SYSTEM (IDIS) All S.D.s CA-5) Request for approval to purchase refreshments for participants of public planning workshops, in an amount not to exceed $300 per day, for a total of $2,400 (Fiscal Impact: $2,400; General Plan Surcharge; Not Budgeted; Discretionary) - APPROVED CA-6) Proposed Agreements with Bethany Services, Inc., for Emergency Solutions Grant Homelessness Prevention Component in an amount not to exceed $40,762, and Emergency Solutions Grant Rapid Re-Housing Component in an amount not to exceed $95,160, for a total amount not to exceed $135,922 (Fiscal Impact: $135,922; Federal Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENTS AND

4 Summary of Proceedings Page 13 DEVELOPMENT SERVICES AGENCY Engineering, Surveying and Permit Services Department Hearings S.D. #2 CA-7) Request for protest hearing on proposed confirmation of administrative penalties and costs incurred for nuisance abatement work located at 2869 Laurel Street, Rosamond, APN (Fiscal Impact: $5,290.90; General Fund; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PER SECTIONS 15061(b)(1), 15061(b)(2), 15061(b)(3), AND OF STATE CEQA GUIDELINES; RECEIVED AND FILED REPORT; ADOPTED RESOLUTION CONFIRMING ADMINISTRATIVE PENALTIES AND COSTS INCURRED BY COUNTY FOR WORK PERFORMED TO ABATE PUBLIC NUISANCE ON SUBJECT PROPERTY; ORDERED THAT ANY COSTS, IF NOT PAID WITHIN TEN DAYS, BE A LIEN AGAINST SUBJECT PROPERTY AND CONSTITUTE A SPECIAL ASSESSMENT TO BE PLACED ON TAX ROLL BY AUDITOR AND TO BE COLLECTED IN SAME MANNER AND SUBJECT TO SAME PENALTIES AS ORDINARY COUNTY TAXES ON REAL PROPERTY FROM WHICH NUISANCE WAS ABATED; DIRECTED ENGINEERING, SURVEYING AND PERMIT SERVICES DEPARTMENT TO MAIL NOTICE OF BOARD ACTION TO SUBJECT PROPERTY OWNER S.D. #3 CA-8) Request for a protest hearing on proposed confirmation of costs incurred for nuisance abatement work located at 3109 St. Thomas Way, Bakersfield, APN (Fiscal Impact: $957.40; General Fund; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PER SECTIONS 15061(b)(1), 15061(b)(2), 15061(b)(3), AND OF STATE CEQA GUIDELINES; RECEIVED AND FILED REPORT; ADOPTED RESOLUTION CONFIRMING COSTS INCURRED BY COUNTY FOR WORK PERFORMED TO ABATE PUBLIC NUISANCE ON SUBJECT PROPERTY; ORDERED THAT ANY COSTS, IF NOT PAID WITHIN TEN DAYS, BE A LIEN AGAINST SUBJECT PROPERTY AND CONSTITUTE A SPECIAL ASSESSMENT TO BE PLACED ON TAX ROLL BY AUDITOR AND TO BE COLLECTED IN SAME MANNER AND SUBJECT TO SAME PENALTIES AS ORDINARY COUNTY TAXES ON REAL PROPERTY FROM WHICH NUISANCE WAS ABATED; DIRECTED ENGINEERING, SURVEYING AND PERMIT SERVICES DEPARTMENT TO MAIL NOTICE OF BOARD ACTION TO SUBJECT PROPERTY OWNERS CA-9) Request for a protest hearing on proposed confirmation of costs incurred for nuisance abatement work located at 2320 Verdugo Lane, Bakersfield, APN (Fiscal Impact: $ ; General Fund; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PER SECTIONS 15061(b)(1), 15061(b)(2), 15061(b)(3), AND OF STATE CEQA GUIDELINES; RECEIVED AND FILED REPORT; ADOPTED RESOLUTION CONFIRMING COSTS INCURRED BY COUNTY FOR WORK PERFORMED TO ABATE PUBLIC NUISANCE ON SUBJECT PROPERTY; ORDERED THAT ANY COSTS, IF NOT PAID WITHIN TEN DAYS, BE A LIEN AGAINST SUBJECT PROPERTY AND (Continued on Page 14)

5 Summary of Proceedings Page 14 (Continued from Page 13) CONSTITUTE A SPECIAL ASSESSMENT TO BE PLACED ON TAX ROLL BY AUDITOR AND TO BE COLLECTED IN SAME MANNER AND SUBJECT TO SAME PENALTIES AS ORDINARY COUNTY TAXES ON REAL PROPERTY FROM WHICH NUISANCE WAS ABATED; DIRECTED ENGINEERING, SURVEYING AND PERMIT SERVICES DEPARTMENT TO MAIL NOTICE OF BOARD ACTION TO SUBJECT PROPERTY OWNER All S.D.s CA-10) Request to increase sole source blanket Purchase Order with Steven P. Kinney, contractor, for boarding up unsecured properties and cleaning of properties, from $100,000 to an amount not to exceed $150,000 (Fiscal Impact: $50,000; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED PURCHASING AGENT TO INCREASE PURCHASE ORDER DEVELOPMENT SERVICES AGENCY Roads Department S.D.s #3 & #5 11) Proposed Memorandum of Agreement with Kern Council of Governments for construction of bicycle travel facilities in East Bakersfield, in an amount not to exceed $398,799 (Fiscal Impact: $398,799; Kern Council of Governments; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT Maggard-Couch: All Ayes WASTE MANAGEMENT All S.D.s CA-12) Proposed Agreement with Golder Associates, Inc., to provide geologic, hydrogeologic, and water supply system design and maintenance services at waste management facilities, from March 25, 2014, through March 31, 2017, in an amount not to exceed $700,000 (Fiscal Impact: $700,000 [FY Estimate $100,000]; Solid Waste Enterprise Fund; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT COUNTY ADMINISTRATIVE OFFICE CA-13) Request for appropriation of unanticipated revenue in the amount of $1,864,485 from State of California for 2011 Realigned Programs (Fiscal Impact: $1,864,485; County Local Revenue Fund 2011; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS

6 Summary of Proceedings Page 15 CA-14) Proposed budgetary adjustments to reallocate funding in the amount of $110,681 for the California Multi-Jurisdictional Methamphetamine Enforcement Program (Fiscal Impact: $110,681; County Local Revenue Fund 2011; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR- CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS CA-15) Proposed contribution to NAACP Bakersfield Branch in the amount of $5,000 to assist with outreach, scholarship, tutoring, and mentoring programs (Fiscal Impact: $5,000; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO PAY CA-16) Proposed revision to Administrative Bulletin No. 20, annual employee travel reimbursement rates and department head/elected official automobile allowance, to add General Services Administration (GSA) standard per statute mile reimbursement rate for use of a private aircraft to conduct County business (Fiscal Impact: None) - APPROVED Legislative Matters CA-17) AB 1961, State-mandated Sustainable Farmland Strategy (Fiscal Impact: None) - ADOPTED POSITION IN OPPOSITION; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE CA-18) SB 1270, Transferring authority for surface mine inspection and financial assurance approval from counties to the State and increasing fees on mine owners (Fiscal Impact: None) - ADOPTED POSITION IN OPPOSITION; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE COUNTY ADMINISTRATIVE OFFICE General Services Division S.D. #1 CA-19) Proposed Agreement for Lease with Delamater Family L.P., for a portion of 200 North China Grade Loop for continued use by Employers Training Resource as a "One Stop" office offering employment training and placement services, from July 1, 2014 through June 30, 2016 (Fiscal Impact: FY $101,800; Federal; Budgeted; Discretionary) - MADE FINDING PROJECT IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PER SECTION 15061(b)(3) OF STATE CEQA GUIDELINES; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

7 Summary of Proceedings Page 16 S.D. #2 CA-20) Request to set hearing for proposed purchase of approximately 2.50 acres of vacant real property from Bernardo and Tomasa Ursulum, to provide necessary buffer land surrounding the Mojave-Rosamond Recycling and Sanitary Landfill, APN (Fiscal Impact: $16,500; Solid Waste Enterprise Fund; Budgeted; Discretionary) - ADOPTED RESOLUTION ; SET HEARING FOR TUESDAY, APRIL 29, 2014, AT 2:00 P.M.; DIRECTED CLERK OF THE BOARD TO PUBLISH HEARING NOTICE THREE TIMES IN ACCORDANCE WITH GOVERNMENT CODE SECTION 6063 MATTERS FOR EXECUTIVE APPROVAL CA-21) Budget Transfers APPROVED NOS. 194 THROUGH 211 CA-22) Minutes for week of February 10, APPROVED CA-23) Miscellaneous Letters and Documents - FILED CA-24) 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 Gleason 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) CONFERENCE WITH LABOR NEGOTIATORS - Agency designated representatives: County Administrative Officer, John Nilon, and designated staff - Employee organizations: Service Employees International Union Local 521, Union of American Physicians and Dentists (Government Code Section ) (from 9:00 A.M. Session, Item No. 43) - 27) PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: County Counsel (Government Code Section 54957) (from 9:00 A.M. Session, Item No. 45) -

8 Summary of Proceedings Page 17 28) PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: County Administrative Officer (Government Code Section 54957) (from 9:00 A.M. Session, Item No. 46) - RECONVENED FROM CLOSED SESSION; ADJOURNED TO TUESDAY, APRIL 1, 2014, AT 9:00 A.M. Couch-Scrivner /s/ Kathleen Krause Clerk of the Board /s/ Leticia Perez Chairman, Board of Supervisors

9 Summary of Proceedings Page 18 23) MISCELLANEOUS LETTERS AND DOCUMENTS FILED Animal Services A) Monthly Report for February 2014 Auditor-Controller-County Clerk B) Statement of Money in the County Treasury as of December 13, 2013 for quarter ended December 31, 2013 Grand Jury C) Final Report re A. Miriam Jamison Children s Center (Copies to each Supervisor, CAO and Human Services) Probation D) Minutes for Juvenile Justice Coordinating Council meeting on November 30, 2013 Miscellaneous E) Letter from Carl B. Symons, U.S. Department of the Interior, Bureau of Land Management, re application for a right-of-way grant and proposed Plan of Development submitted by a subsidiary of Recurrent Energy (Copies to each Supervisor, CAO, Planning and Community Development and County Counsel) F) Letter from Don J. McKernan, President, Indian Wells Valley Water District re Indian Wells Valley Resource Opportunity Plan: Water Availability and Conservation Report (Copies to each Supervisor, CAO, Planning and Community Development and County Counsel) G) Letter from William C. Fitzsimmons re APN (Copies to each Supervisor, CAO, Engineering, Surveying and Permit Services and County Counsel) H) Notice from Southern California Edison Company s Phase Two Supplemental filing for Interim Residential Rate Design Changes (Copy to County Counsel) I) from Kim Dunn re Kern County Department of Agriculture toxic chemical spray (Copies to each Supervisor, CAO, Ag and Measurement Standards and County Counsel) J) from Panfilo Fuentes re retention of Undersheriff (Copies to each Supervisor, CAO, Sheriff and County Counsel) K) Notice from State Fish and Game Commission of location change for adoption hearing on proposed regulatory action re ocean salmon sport fishing and ocean salmon possession limits L) Notice from State Department of Alcoholic Beverage Control re application for alcoholic beverage license from: Mike s Newstand, 4208 Rosedale Highway, Suite , Bakersfield; Stellas Sandtrap, 3133 Niles Street, Bakersfield; and amended application from: H Domingos, West Valley Boulevard, Tehachapi (Copies to Environmental Health and Planning and Community Development)

10 Summary of Proceedings Page 19 M) Letter from Jamie Henderson, Executive Director, First 5 Kern, re Report to the Community N) The Firing Line, March/April 2014 O) Agenda for Animal Control Commission meeting on March 19, 2014 P) Agenda for Central Valley Regional Water Quality Control Board meeting on March 27 and 28, 2014 Q) Agenda for Kern Health Systems meeting on March 20, 2014 R) Summary of Proceedings for Animal Control Commission meeting on February 19, ) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Cawelo Water District Annual Estimate of Obligations - REFERRED TO COUNTY COUNSEL B) Resolution No , Resolution of the Mojave Unified School District Ordering a School Bond Election Within the Boundaries of School Facilities Improvement District No. 1, Establishing Specifications of the Election Order, and Requesting Consolidation with other Elections - REFERRED TO ELECTIONS C) Application for Fiscal Year County Contribution - Non-Profits Only, Center for the Blind and Visually Impaired - REFERRED TO BUDGET FILE (Copies to each Supervisor, CAO and County Counsel) 25) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Deanna Barton vs. County of Kern - REFERRED TO B) Claim in the matter of Elmer Benavides vs. County of Kern - REFERRED TO C) Claim in the matter of Lisa Marie Bullard vs. County of Kern - REFERRED TO D) Claim in the matter of Shannon Fox vs. County of Kern - REFERRED TO E) Claim in the matter of Jaime Alejandro Romero Gamarra vs. County of Kern - REFERRED TO F) Claim in the matter of Paulette Marzett and James Fair vs. County of Kern - REFERRED TO G) Claim in the matter of Micah McKinney vs. County of Kern - REFERRED TO H) Claim in the matter of Jeremy Moore vs. County of Kern - REFERRED TO

11 Summary of Proceedings Page 20 I) Claim for Damages in the matter of Daniela Chavez vs. County of Kern et al. - REFERRED TO J) Claim for Damages in the matter of Adelmira Lopez Orellana and Ferman Orellana vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) K) Request for Permission to Appear Telephonically at Case Management Conference in the matter of Lachana Williams and Rupert Williams vs. County of Kern - REFERRED TO ###