SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, December 14, :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 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 ROLL CALL: All Present SALUTE TO FLAG - Led by Second District Supervisor Don Maben 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 NOTE: CHAIRMAN WATSON ACKNOWLEDGED AND THANKED APPOINTEES TO COMMISSION ON AGING, LINDA JEAN LANCASTER AND DORIS ANN DUQUETTE, AS WELL AS RETIREMENT BOARD APPOINTEE MICHAEL TURNIPSEED, WHOSE APPOINTMENTS WERE APPROVED ON THE CONSENT AGENDA UNDER ITEM NOS. 8 AND 9 RESPECTIVELY RESOLUTIONS/PROCLAMATIONS 1) Resolution honoring Supervisor Don Maben for his years of dedicated service representing the 2nd District of Kern County - ADOPTED RESOLUTION; MADE PRESENTATION TO SUPERVISOR DON MABEN; ALL BOARD MEMBERS COMMENDED SUPERVISOR MABEN FOR HIS YEARS OF SERVICE TO KERN COUNTY; SUPERVISOR MABEN HEARD McQuiston-Maggard: All Ayes

2 Summary of Proceedings Page 8 2) Resolution honoring and commending District Attorney Edward Jagels upon his retirement with 35 years of dedicated service to the County of Kern - ADOPTED RESOLUTION; MADE PRESENTATION TO DISTRICT ATTORNEY EDWARD JAGELS; ALL BOARD MEMBERS COMMENDED DISTRICT ATTORNEY JAGELS FOR HIS YEARS OF SERVICE TO KERN COUNTY; DISTRICT ATTORNEY JAGELS HEARD McQuiston-Maggard: All Ayes 3) Resolution honoring Von R. Winslow, Probation Department, upon his retirement with 32 years of dedicated service to the County of Kern - ADOPTED RESOLUTION; MADE PRESENTATION TO VON R. (RANDY) WINSLOW; DAVID KUGE, CHIEF PROBATION OFFICER, AND RANDY WINSLOW, HEARD McQuiston-Maben: All Ayes CA-4) Resolution honoring Kelly Shaffstall, Assessor-Recorder s Department, upon her retirement with 32 years of dedicated service to the County of Kern - ADOPTED RESOLUTION 5) Proclamation proclaiming the months of December 2010 and January 2011 as Kern County Cares Canned Food Drive - PROCLAIMED; MADE PRESENTATION TO TED JAMES, DIRECTOR, DEVELOPMENT SERVICES AGENCY, WHO INTRODUCED PAM FIORINI, EXECUTIVE DIRECTOR, GOLDEN EMPIRE GLEANERS, WHO IN TURN INTRODUCED DR. RONALD EAVES, CHAIRMAN OF THE BOARD OF DIRECTORS, GOLDEN EMPIRE GLEANERS; TED JAMES AND PAM FIORINI, HEARD APPOINTMENTS CA-6) CA-7) CA-8) CA-9) Reappointments of Jason Kosareff, Gisela Wittenborn, Art Foster and Blake Ueki as At-large members to the Consolidated Central Valley Table Grape Pest and Disease Control District, terms to expire December 20, MADE REAPPOINTMENTS Appointment of Mark Smith as At-large Member (resides in City) to the Greater Bakersfield Separation of Grade District, term to expire January 11, MADE APPOINTMENT Appointments to the Commission on Aging of Linda Jean Lancaster as Fourth District Member, term to expire June 17, 2012; and Doris Ann Duquette, replacing Marti Overfield, as Second District Member, term to expire September 29, MADE APPOINTMENTS Recommendation of nominating committee to appoint Michael Turnipseed as Ninth Member to the Retirement Board, term to expire December 31, MADE APPOINTMENT

3 Summary of Proceedings Page 9 PUBLIC PRESENTATIONS 10) 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! JOHN JOYCE, PUBLISHER, ROSAMOND NEWS, THANKED SUPERVISOR DON MABEN FOR HIS SERVICE TO THE COMMUNITY OF ROSAMOND DURING HIS TENURE AS SECOND DISTRICT SUPERVISOR BOARD MEMBER ANNOUNCEMENTS OR REPORTS 11) 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 MABEN HEARD REGARDING LIGHTING AT THE BAKERSFIELD ANIMAL SHELTER SUPERVISOR MAGGARD MADE A REFERRAL TO GENERAL SERVICES TO INVESTIGATE THE POSSIBILITY OF PROVIDING ADDITIONAL LIGHTING AT THE BAKERSFIELD ANIMAL SHELTER IN ORDER TO EXTEND HOURS OF OPERATION FOR THE PUBLIC Maggard-McQuiston: All Ayes DEPARTMENTAL REQUESTS AGRICULTURE AND MEASUREMENT STANDARDS CA-12) CA-13) Proposed retroactive Agreement with United States Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services (USDA Agreement RA) for management of wildlife that cause livestock and property damage, from July 1, 2010 through June 30, 2011, in an amount not to exceed $113,292 (prior notification December 7, 2010) (Fiscal Impact: $113,292; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT Proposed retroactive Agreement with California Department of Food and Agriculture for High Risk Pest Exclusion Inspections (State Agreement ) at air freight/parcel terminals and nursery facilities, from July 1, 2010 through June 30, 2011, in an amount not to exceed $63,224 (prior notification December 7, 2010) (Fiscal Impact: $63,224; State; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

4 Summary of Proceedings Page 10 CA-14) Proposed retroactive Agreement with California Department of Food and Agriculture (State Agreement ) for nursery inspection program, from July 1, 2010 through June 30, 2011, in an amount not to exceed $32,601 (prior notification December 7, 2010) (Fiscal Impact: $32,601 State; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT AUDITOR-CONTROLLER-COUNTY CLERK CA-15) Certification of results of Consolidated General Election held November 2, 2010 (Fiscal Impact: None) - DECLARED RESULTS OFFICIAL AS CERTIFIED BY COUNTY CLERK, PURSUANT TO ELECTIONS CODE SECTION CA-16) Certification of Appointments for the General Election that was held November 2, 2010 (Fiscal Impact: None) - APPOINTED PERSONS NAMED IN OFFICIAL APPOINTMENTS CHILD SUPPORT SERVICES CA-17) CA-18) Proposed deletion of six (6) vacant Child Support Officer I/II/III positions to Budget Unit 2183, effective December 20, 2010 (Fiscal Impact: None) - APPROVED; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE Report on final State Department of Child Support Services audit for Trust Fund Closeout (Fiscal Impact: None) - RECEIVED AND FILED CLERK OF THE BOARD CA-19) Amended Conflict of Interest Codes for Mental Health Department and Golden Hills Community Services District (Fiscal Impact: None) - APPROVED COUNTY ADMINISTRATIVE OFFICE 20) Response to October 26, 2010 referral regarding Sheriff and Fire Departments helicopter programs (Fiscal Impact: None) - SHERIFF DONNY YOUNGBLOOD AND FIRE CHIEF NICK DUNN, HEARD; DIRECTED SHERIFF, FIRE DEPARTMENT AND COUNTY ADMINISTRATIVE OFFICE TO IMPLEMENT SPECIFIED RECOMMENDATIONS AND PROVIDE STATUS REPORT TO THE BOARD IN JUNE 2011, WITH A BRIEFING ON OPERATIONAL AND COMMUNICATIONS PROTOCOLS AND PROCEDURES TO BE PROVIDED IN MARCH 2011 McQuiston-Maggard: All Ayes

5 Summary of Proceedings Page 11 COUNTY COUNSEL CA-21) Proposed Attorney Retainer Agreement with Wulfsberg Reese Colvig & Firstman for specialized construction law legal services to provide the County with advice and forms for design/build County solar project in an amount not to exceed $22,000 (Fiscal Impact: $22,000; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT EMPLOYERS TRAINING RESOURCE CA-22) Proposed retroactive Agreement with Proteus, Inc. to provide work experience activities from July 1, 2010 through June 30, 2011, in an amount not to exceed $114,963 (prior notification November 9, 2010) (Fiscal Impact: $114,963; Federal Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT FIRE DEPARTMENT CA-23) Request to issue Request for Proposal (RFP) for a consultant to update the Kern Multi-Jurisdiction Hazard Mitigation Plan (Fiscal Impact: None) - APPROVED; AUTHORIZED FIRE DEPARTMENT TO ISSUE RFP KERN MEDICAL CENTER CA-24) Proposed Amendment No. 10 to Agreement with Manish N. Amin, D.O., a contract employee, for professional medical services in the 2011, and increasing the maximum payable by $34,000, from $861,139 to $895,139, plus applicable benefits (Fiscal Impact: $42,591; KMC CHAIRMAN TO SIGN AGREEMENT CA-25) Proposed Amendment No. 6 to Agreement with Vahdatyar Amirpour, M.D., a contract employee, for professional medical services in the Department of Surgery, extending the term through March 15, 2011, and increasing the maximum payable by $62,000, from $1,730,654 to $1,792,654, plus applicable benefits (Fiscal Impact: $70,997; KMC CHAIRMAN TO SIGN AGREEMENT CA-26) Proposed Amendment No. 1 to Agreement with Faried Banimahd, M.D., a contract employee, for professional medical services in the Department of Emergency Medicine, extending the term through March 15, 2011 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

6 Summary of Proceedings Page 12 CA-27) Proposed Amendment No. 10 to Agreement with Christopher E. Dong, M.D., a contract employee, for professional medical services in the 2011, and increasing the maximum payable by $38,000, from $1,116,337 to $1,154,337, plus applicable benefits (Fiscal Impact: $46,649; KMC CHAIRMAN TO SIGN AGREEMENT CA-28) Proposed Amendment No. 5 to Agreement with Antonio L. Garcia, M.D., a contract employee, for professional medical services in the Department of Obstetrics and Gynecology, extending the term through March 15, 2011, and increasing the maximum payable by $56,000, from $1,464,715 to $1,520,715, plus applicable benefits (Fiscal Impact: $64,910; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-29) Proposed Amendment No. 10 to Agreement with Jagdipak S. Heer, M.D., a contract employee, for professional medical services in the 2011, and increasing the maximum payable by $38,000, from $1,106,954 to $1,144,954, plus applicable benefits (Fiscal Impact: $46,649; KMC CHAIRMAN TO SIGN AGREEMENT CA-30) Proposed Amendment No. 4 to Agreement with Kenneth L. Kaylor, M.D., a contract employee, for professional medical services in the Department of Surgery, extending the term through March 15, 2011, and increasing the maximum payable by $132,000, from $2,407,000 to $2,539,000, plus applicable benefits (Fiscal Impact: $142,013; KMC CHAIRMAN TO SIGN AGREEMENT CA-31) Proposed Amendment No. 6 to Agreement with Mia C. M. Lagunda, M.D., a contract employee, for professional medical services in the Department of Family Medicine, Division of Pediatrics, extending the term through March 15, 2011, and increasing the maximum payable by $11,000, from $489,139 to $500,139, plus applicable benefits (Fiscal Impact: $17,383; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-32) Proposed Amendment No. 6 to Agreement with Juan M. Lopez, M.D., a contract employee, for professional medical services in the Department of Obstetrics and Gynecology, extending the term through March 15, 2011, and increasing the maximum payable by $29,000, from $827,299 to $856,299, plus applicable benefits (Fiscal Impact: $37,519; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

7 Summary of Proceedings Page 13 CA-33) Proposed Amendment No. 9 to Agreement for Professional Services- Locum Tenens with David S. Lujan, M.D., an independent contractor, for professional medical services in the Department of Obstetrics and Gynecology, extending the term through June 30, 2011, and increasing the maximum payable by $300,000, from $1,575,000 to $1,875,000 (Fiscal Impact: $300,000; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-34) Proposed Amendment No. 6 to Agreement with Mohammed A. S. Molla, M.D., a contract employee, for professional medical services in the Department of Psychiatry, extending the term through March 15, 2011, and increasing the maximum payable by $57,000, from $1,183,500 to $1,240,500, plus applicable benefits (Fiscal Impact: $65,925; KMC CHAIRMAN TO SIGN AGREEMENT CA-35) Proposed Amendment No. 2 to Agreement with Paul G. Mroz, M.D., a contract employee, for professional medical services in the 2011 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-36) Proposed Amendment No. 8 to Agreement with Wedad M. Rizkalla, M.D., a contract employee, for professional medical services in the Department of Family Medicine, Division of Pediatrics, extending the term through March 15, 2011, and increasing the maximum payable by $26,000, from $784,806 to 810,806, plus applicable benefits (Fiscal Impact: $34,475; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-37) Proposed Amendment No. 10 to Agreement with James M. Sverchek, M.D., a contract employee, for professional medical services in the Department of Emergency Medicine, extending the term through March 15, 2011, and increasing the maximum payable by $38,000, from $1,180,653 to $1,218,653, plus applicable benefits (Fiscal Impact: $46,649; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-38) Proposed Amendment No. 9 to Agreement with Javed M. Syed, M.D., a contract employee, for professional medical services in the Department of Radiology, extending the term through March 15, 2011, and increasing the maximum payable by $107,000, from $3,185,002 to $3,292,002, plus applicable benefits (Fiscal Impact: $116,650; KMC CHAIRMAN TO SIGN AGREEMENT

8 Summary of Proceedings Page 14 CA-39) Proposed Amendment No. 8 to Agreement with Abu Taher, M.D., a contract employee, for professional medical services in the Department of Family Medicine, Division of Pediatrics, extending the term through March 15, 2011, and increasing the maximum payable by $30,000, from $926,166 to $956,166, plus applicable benefits (Fiscal Impact: $38,533; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-40) Proposed Amendment No. 10 to Agreement with Joshua L. Tobias, M.D., a contract employee, for professional medical services in the 2011, and increasing the maximum payable by $35,000, from $1,001,123 to $1,036,123, plus applicable benefits (Fiscal Impact: $43,606; KMC CHAIRMAN TO SIGN AGREEMENT CA-41) CA-42) Proposed Amendment No. 9 to Agreement with Paul F. Walsh, M.D., a contract employee, for professional medical services in the 2011, and increasing the maximum payable by $34,000, from $895,808 to $929,808, plus applicable benefits (Fiscal Impact: $42,591; KMC CHAIRMAN TO SIGN AGREEMENT Proposed Amendment No. 5 to Agreement with Adria O. Winter, M.D., a contract employee, for professional medical services in the 2011, and increasing the maximum payable by $28,000, from $579,188 to $607,188, plus applicable benefits (Fiscal Impact: $36,504; KMC CHAIRMAN TO SIGN AGREEMENT LIBRARY 43) Response to May 25, 2010, referral regarding outsourcing opportunities and alternative sources of funding (Fiscal Impact: None) - RECEIVED AND FILED MENTAL HEALTH SERVICES CA-44) CA-45) 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 Amendment No. 1 to Personal/Professional Services Agreement with The Regents of the University of California to revise indemnification provisions (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

9 Summary of Proceedings Page 15 PROBATION CA-46) Proposed Amendment No. 6 to Agreement , with R. Bruce Walker Ed.D. for an increase of $41,000, for a new amount not to exceed $3,323,788 for mental health services for the Larry J. Rhoades Kern Crossroads Facility, and extending the term through January 31, 2011 (Fiscal Impact: $41,000; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT PUBLIC HEALTH SERVICES CA-47) CA-48) Proposed retroactive Agreement with California Department of Public Health for Immunization Project Subvention Funds for immunizations programs from July 1, 2010 through June 30, 2011, in an amount not to exceed $422,279 (prior notification June 29, 2010) (Fiscal Impact: $422,279; Federal/State; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT ; CONCURRENTLY RESCINDED ORIGINAL AGREEMENT Proposed retroactive Assignment of American FundWare, Inc. Agreement to Blackbaud, Inc. for software support and training services effective January 1, 2009 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-49) Proposed Amendment No. 1 to Agreement with Physicians Automated Laboratory for laboratory testing services to increase cost of services to Medi-Cal rates and maximum compensation in the amount of $11,500; for a new total amount not to exceed $161,500 (Fiscal Impact: $11,500; Client Fees/Federal; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-50) Proposed retroactive Agreement with Clinica Sierra Vista to provide Housing Opportunities for Persons with HIV/AIDS from July 1, 2010 through June 30, 2011, in an amount not to exceed $195,000 (prior notification June 29, 2010) (Fiscal Impact: $195,000; State; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-51) Request to accept Tuberculosis Local Assistance Award from the California Department of Public Health for food, shelter, incentives, and enablers allotment for Fiscal Year , in an amount not to exceed $18,209 (prior notification June 29, 2010) (Fiscal Impact: $18,209 Revenue; State/ Federal; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN ACCEPTANCE OF AWARD

10 Summary of Proceedings Page 16 CA-52) Proposed retroactive Agreement with Taft City School District for Successful Application Stipends Program services from July 1, 2010 through June 30, 2013, in an amount not to exceed $2,400 (prior notification June 29, 2010) (Fiscal Impact: FY $800; State; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT SHERIFF CA-53) Request authorization for 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 AND AUTHORIZED SALE 54) Proposed Mid-Year Fixed Asset Acquisition of Sheriff s Office Fleet Vehicles (Fiscal Impact: FY $780,502; General Fund; Budgeted; Discretionary) - APPROVED McQuiston-Maggard: All Ayes ADJOURNED TO CLOSED SESSION Maggard 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 55) 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 ) NO REPORTABLE ACTION TAKEN 56) Request for Closed Session regarding public employee performance evaluation - Title: Kern Medical Center Chief Executive Officer (Government Code Section 54957) NO REPORTABLE ACTION TAKEN

11 Summary of Proceedings Page 17 COUNTY COUNSEL 57) Request for Closed Session regarding a lawsuit entitled Renee D. Nelson, et al. v. County of Kern, et al., Kern County Superior Court Case No. S-1500-CV KCT, Court of Appeal Fifth Appellate District Case No. F (Government Code Section (a)) NO REPORTABLE ACTION TAKEN 58) Request for Closed Session regarding a determination of whether the County will initiate or intervene in litigation or join as amicus curiae in a lawsuit (Government Code Section (c)) SEE RESULTS OF CLOSED SESSION AT BEGINNING OF 2:00 P.M. SESSION RECONVENED FROM CLOSED SESSION; RECESSED TO 2:00 P.M. McQuiston-Maben /s/ Kathleen Krause Clerk of the Board /s/ Ray Watson Chairman, Board of Supervisors