SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, October 27, :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 Maggard, Scrivner, and Perez); Southern California Water Committee (Supervisors Couch and Maggard); and Tobacco Funding Corporation, Kern County (Supervisors Couch 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, OCTOBER 27, 2015, AT 9:00 A.M. - Item No. 27 concerning a CONFERENCE WITH LABOR NEGOTIATORS - Agency designated representatives: County Administrative Officer, John Nilon, and designated staff - Employee organization: Service Employees International Union, Local 521 (Government Code Section ) - HEARD; NO REPORTABLE ACTION Item No. 28 concerning PUBLIC EMPLOYEE APPOINTMENT/ RECRUITMENT - Title: Director of Child Support Services (Government Code Section 54957) - CHAIRMAN COUCH ANNOUNCED THAT BY A UNANIMOUS 5-0 VOTE, THE BOARD APPOINTED MARCUS MITCHELL AS ACTING DIRECTOR OF CHILD SUPPORT SERVICES, EFFECTIVE NOVEMBER 13, 2015; MARCUS MITCHELL HEARD

2 Summary of Proceedings PM Page 2 Item No. 29 concerning a CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section (d)(4)) Number of cases: Three (3) Based on existing facts and circumstances, the Board of Supervisors has decided to initiate or is deciding whether to initiate litigation THIS MATTER WAS HEARD BY THE BOARD, AS TO THREE CASES BY A UNANIMOUS 5-0 VOTE, THE BOARD AUTHORIZED COUNTY COUNSEL TO FILE LAWSUITS FOR INJUNCTIONS AND OTHER RELIEF AGAINST THE FOLLOWING MEDICAL MARIJUANA DISPENSARIES AND THEIR LANDLORDS, OWNERS AND OPERATORS: 1) THE GREEN GARDEN DISPENSARY LOCATED AT 915 NORTH CHESTER AVENUE IN BAKERSFIELD AND ITS LANDLORD AND/OR OWNER BOB BIRK; AND 2) THE ALTERNATIVE REMEDY COLLECTIVE LOCATED AT 629 AND/OR 633 SAN GABRIEL TRAIL IN FRAZIER PARK THE GREEN GARDEN DISPENSARY IS LOCATED APPROXIMATELY 300 FEET FROM A SCHOOL, IN VIOLATION OF THE CALIFORNIA HEALTH & SAFETY CODE. THIS AUTHORIZES THE COUNTY TO PURSUE ABATEMENT, CIVIL PENALTIES AND AN ORDER BOARDING UP THE PREMISES AT 915 NORTH CHESTER AVENUE FOR UP TO ONE YEAR THE BOARD S AUTHORITY TO COUNTY COUNSEL WITH RESPECT TO THE GREEN GARDEN DISPENSARY AND BOB BIRK, ITS OWNER/OPERATOR, INCLUDES, WITHOUT LIMITATION, THE AUTHORITY TO SEEK THE FULL EXTENT AND AMOUNT OF DAMAGES AND OTHER REMEDIES AVAILABLE UNDER THE LAW, INCLUDING THE DRUG DEN ABATEMENT LAWS NO ACTION WAS TAKEN REGARDING THE THIRD CASE Item No. 30 concerning a CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section (d)(1)) County of Kern v. California High Speed Rail Authority, Sacramento County Superior Court Case No.: 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 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]) NO ONE HEARD

3 Summary of Proceedings PM Page 3 CONTINUED HEARINGS PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT CA-3) Request from Bruce Anderson to vacate portions of access easements located at Oaktree Estates Drive, north of Walker Basin (S.D. #2) Specific Request: A nonsummary vacation of: (a) all of Mistletoe Court as it exists beginning at Oaktree Estates Drive then west to its terminus; (b) a portion of Oaktree Estates Drive beginning from the northern property line of Parcel 1 and Parcel 22 of Parcel Map 9782, then south to the southern property line of Parcel 6 of Parcel Map 9782, and easterly projection of the southern line in the Walker Basin area ( Streets and Highways) (Environmental Review: General Rule, Section 15061(b)(3); Published Bakersfield Californian) (from 10/20/2015) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION, CONTINUED TO TUESDAY, NOVEMBER 17, 2015, AT 2:00 P.M. DEPARTMENTAL REQUESTS PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT S.D. #5 4) Request for Determination of Public Convenience for the issuance of an Off- Sale Beer & Wine - Package Store License located at 612 Cottonwood Avenue, Suite B, Bakersfield; Environmental Review: Categorically Exempt, Pursuant to Section 15061(b)(3), of the State CEQA Guidelines (Fiscal Impact: None) - MUAAD ALGAAD, APPLICANT, AND IMAN ALGAAD, HEARD; CONTINUED TO TUESDAY, NOVEMBER 3, 2015, AT 2:00 P.M. All S.D.s CA-5) Williamson Act Participation/Open Space Subvention Act Survey (Fiscal Impact: None) - RECEIVED AND FILED PUBLIC WORKS DEPARTMENT - Administration and Accounting All S.D.s CA-6) Request for sole source procurement from Bejac Corporation of a Komptech Multistar L3 Star Screen for green waste recycling program, in an amount not to exceed $800,000 (Fiscal Impact: $800,000; Solid Waste Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED PURCHASING AGENT TO ISSUE SOLE SOURCE PURCHASE ORDER CA-7) Proposed approval of Kern Regional Transit s Transportation Development Act (TDA) Claim and authorization to sign Street and Roads Claim for Fiscal Year (Fiscal Impact: $5,746,180; State Transportation Development Act Funds; Budgeted; Discretionary) - APPROVED; AUTHORIZED DIRECTOR OF PUBLIC WORKS TO SIGN AND SUBMIT CLAIMS

4 Summary of Proceedings PM Page 4 CA-8) Request for exemption from Land Use Fees, based on allowable exemptions, by Dees N & J Family Trust for Assessor s Parcel No. (APN) for Fiscal Years (FY) through ; Charles S. Coleman for APN for FY through ; Brian McConnell for APN for FY ; Nader T. Audie for APN for FY and ; Russell Family Trust for APN for the period of October 15, 2014 through May 31, 2015; Opal G. Blair for APN for FY ; Marie A. Garza Trust for APN for the period of November 2014 through June 2015; Hallie E. Davies for APN for FY ; Harry W. & Edith Wilson for APN for FY ; Bryan J. Olgin for APN for FY (Fiscal Impact: $1, Revenue Decrease; Solid Waste Enterprise Fund; Not Budgeted; Discretionary) - APPROVED PUBLIC WORKS DEPARTMENT - Building and Development S.D. #4 CA-9) Request to approve Agreements with Renfro, LLC, new owners of a portion of Tract 6252, Phase A, northwest corner of Renfro Road and Hageman Road (Fiscal Impact: None) - APPROVED SUBDIVISION IMPROVEMENT AGREEMENT AND SUBDIVISION MONUMENTATION AGREEMENT; AUTHORIZED CHAIRMAN TO SIGN; RECEIVED AND FILED FAITHFUL PERFORMANCE BOND NO IN THE AMOUNT OF $829,685, UNDERWRITTEN BY SURETEC INSURANCE COMPANY; RECEIVED AND FILED LABORERS AND MATERIALMEN BOND NO IN THE AMOUNT OF $414,843, UNDERWRITTEN BY SURETEC INSURANCE COMPANY; RECEIVED AND FILED MONUMENTATION BOND NO IN THE AMOUNT OF $10,500, UNDERWRITTEN BY SURETEC INSURANCE COMPANY; RECEIVED AND FILED CERTIFICATE OF LIABILITY INSURANCE AND WORKER'S COMPENSATION INSURANCE CERTIFICATE; RELEASED FAITHFUL PERFORMANCE BOND NO , IN THE AMOUNT OF $829,685, UNDERWRITTEN BY INSURANCE COMPANY OF THE WEST; RELEASED LABORERS AND MATERIALMEN BOND NO , IN THE AMOUNT OF $414,843, UNDERWRITTEN BY INSURANCE COMPANY OF THE WEST; RELEASED MONUMENTATION BOND NO , IN THE AMOUNT OF $16,300, UNDERWRITTEN BY INSURANCE COMPANY OF THE WEST PUBLIC WORKS DEPARTMENT - Engineering S.D. #4 CA-10) Contract No , Notice of Completion with Plank & Harvey, Inc., dba Cen-Cal Construction for construction of green waste concrete pad at Shafter-Wasco Recycling and Sanitary Landfill (Fiscal Impact: None) - RECEIVED AND FILED

5 Summary of Proceedings PM Page 5 PUBLIC WORKS DEPARTMENT - Operations and Maintenance S.D. #5 CA-11) Proposed no-parking zone along west side of Lawson Road beginning 57 feet south of existing street monument on Ming Avenue, then south for 170 feet; along south side of Lawson Road beginning 253 feet east of east gutter line extension of Allens Drive, then east for 337 feet, onward through the 90 degree curb and north for an additional 254 feet for a total of 591 feet; along north side of Lawson Road beginning 253 feet east of gutter line extension of Allens Drive, then east for 336 feet, onward through the 90 degree curb and north for an additional 182 feet for a total of 518 feet, Bakersfield (Fiscal Impact: None) - APPROVED; REFERRED TO COUNTY COUNSEL FOR PREPARATION OF ORDINANCE CA-12) Proposed disabled parking zone along south side of Fairview Road beginning 100 feet west of west gutter flow line on Garber Way, then west for 22 feet, Bakersfield (Fiscal Impact: None) - APPROVED; REFERRED TO COUNTY COUNSEL FOR PREPARATION OF ORDINANCE CA-13) Proposed 2-hour parking zone along west side of Lawson Road beginning 257 feet south of existing street monument on Ming Avenue, then south for 225 feet, Bakersfield (Fiscal Impact: None) - APPROVED; REFERRED TO COUNTY COUNSEL FOR PREPARATION OF ORDINANCE COUNTY ADMINISTRATIVE OFFICE CA-14) Report on aging county information systems and needs assessment (Fiscal Impact: None) - RECEIVED AND FILED CA-15) Proposed contribution to the Veteran Collaborative Services Corporation for program and services, in the amount of $2,500 (Fiscal Impact: $2,500; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR- CONTROLLER-COUNTY CLERK TO PAY CA-16) Proposed revisions to County Administrative Policy and Procedures Manual - Chapter 1, Human Resources (Fiscal Impact: None) - APPROVED CA-17) Proposed contribution for cost-sharing activities of the Kern Groundwater Authority, in an amount not to exceed $10,000 for Fiscal Year (Fiscal Impact: $10,000; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO PAY CA-18) Continuation of local emergency due to drought conditions (Fiscal Impact: None) - APPROVED

6 Summary of Proceedings PM Page 6 19) Discussion and report from California Water Service Company regarding water conservation and water rate application to the Public Utilities Commission (Fiscal Impact: None) - NO PRESENTATION HEARD AND NO ACTION TAKEN COUNTY ADMINISTRATIVE OFFICE - General Services Division All S.D.s CA-20) Proposed addition of one Geographic Information Systems (GIS) Manager position in Budget Unit 1160, and concurrent deletion of one Geographic Information Systems (GIS) Manager in Budget Unit 8954, effective October 31, 2015 (Fiscal Impact: None) - APPROVED; REFERRED TO HUMAN RESOURCES DIVISION TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE COUNTY ADMINISTRATIVE OFFICE - Human Resources Division 21) Proposed increased salary range of one vacant Geographic Information Systems Manager in Budget Unit 8954 from salary range 63.4 to salary range 66.5, effective October 31, 2015 (Fiscal Impact: $21,847 annually) - APPROVED; REFERRED TO HUMAN RESOURCES DIVISION TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE Scrivner-Gleason: All Ayes CA-22) Proposed new classifications of Human Resources Specialist I/II (Item Nos and 3064), at a salary range of , $3,027 - $3,982 monthly and Senior Human Resources Specialist (Item No. 3063), at a salary range of 57.3, $3,788 - $4,625 monthly (Fiscal Impact: None) - APPROVED; REFERRED TO HUMAN RESOURCES DIVISION TO DEVELOP JOB SPECIFICATIONS CA-23) Proposed selection of WellDyneRx, Inc., for pharmacy benefits management services for County of Kern Point of Service Plan and Kern Legacy Health Plan employee and retiree medical benefit plan options (Fiscal Impact: None) - APPROVED; AUTHORIZED HUMAN RESOURCES DIVISION TO NEGOTIATE AGREEMENTS MATTERS FOR EXECUTIVE APPROVAL CA-24) Budget Transfers - APPROVED NOS. 044 THROUGH 047 CA-25) Minutes for week of August 31, APPROVED WITH CORRECTION TO TUESDAY, SEPTEMBER 1, 2015, ITEM NO. 21 A.M. CORRECTING "...through June 30, 2015" TO "...through June 30, 2016" CA-26) Miscellaneous Letters and Documents - FILED CA-27) Letters Received and Referred by Clerk of the Board - APPROVED AND FILED

7 Summary of Proceedings PM Page 7 CA-28) Claims and Lawsuits Filed with and Referred by Clerk of the Board - APPROVED AND FILED ADJOURNED TO TUESDAY, NOVEMBER 3, 2015, AT 9:00 A.M. Perez /s/ Kathleen Krause Clerk of the Board /s/ David Couch Chairman, Board of Supervisors

8 Summary of Proceedings PM Page 8 26) MISCELLANEOUS LETTERS AND DOCUMENTS FILED Animal Services A) Four thank you letters for donations to the shelter Assessor-Recorder B) Letter re fair market value and cancellation fee concerning property of Starrh and Starrh Cotton Growers, for cancellation of Land Use Contract (APN ( acres), formerly and portion of ) County Administrative Office C) Press Release announcing Phyllis Nance, Director of Child Support Services, will be leaving her position Miscellaneous D) Letter from City of McFarland responding to Board of Supervisor s letter of September 22, 2015 re Groundwater Sustainability Agency (Copies to each Supervisor, CAO and County Counsel) E) Letter from Greenfield County Water District responding to Board of Supervisor s letter of September 22, 2015 re Groundwater Sustainability Agency (Copies to each Supervisor, CAO and County Counsel) F) Letter from Indian Wells Valley Water District responding to Board of Supervisor s letter of September 22, 2015 re Groundwater Sustainability Agency (Copies to each Supervisor, CAO and County Counsel) G) Letter from Mojave Public Utility District responding to Board of Supervisor s letter of September 22, 2015 re Groundwater Sustainability Agency (Copies to each Supervisor, CAO and County Counsel) H) Letter from Tejon-Castac Water District responding to Board of Supervisor s letter of September 22, 2015 re Groundwater Sustainability Agency (Copies to each Supervisor, CAO and County Counsel) I) Letter from Kenyon Kemp re water storage issues in California (Copies to each Supervisor and CAO) J) from Patricia Wright re Service Employees International Union (SEIU), Local 521 contract negotiations (Copies to each Supervisor, CAO, Public Works, Human Resources and County Counsel) K) from Gustavo Aguirre, Center on Race, Poverty and the Environment re Kern Environmental Impact Report gas and oil comment letters (Copies to each Supervisor, CAO, Planning and Community Development and County Counsel) L) Notice from Verizon Wireless re installation of equipment at 837 Allen Road, Bakersfield (Copy to Planning and Community Development) M) Kern-Tulare Water District, Resolution No , A Resolution of the Board of Directors Adopting the Budget for 2016, Fixing and Levying 2016 Standby Charges, and Levying 2016 Special Assessments

9 Summary of Proceedings PM Page 9 N) Kern-Tulare Water District, Resolution No , A Resolution of the Board of Directors Making Its Estimate for Fiscal Year 2016 of the Sum Required by Kern-Tulare Water District to Discharge All Its Obligations Maturing During the Year O) News Release from Better Libraries for Kern County re Library Tax Fails to Impress County Residents (Copies to each Supervisor and CAO) P) Official Notice for the City of Bakersfield from California Department of Food and Agriculture re Amendment to the Notice of Treatment Regarding the Asian Citrus Psyllid (Copies to each Supervisor, CAO, Ag Commissioner and County Counsel) Q) Notice from State Department of Alcoholic Beverage Control re application for alcoholic beverage license from: Fast Stop Foodstore, 1700 Niles Street, Suite A, Bakersfield (Copies to Environmental Health and Planning and Community Development) R) Notice of Community Meeting from U.S. Department of Energy and California Department of Toxic Substances Control on October 20, 2015 concerning status of cleanup activities at the former Naval Petroleum Reserve-1 S) Agenda for Animal Control Commission meeting on October 21, ) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Letter from Ronald Thompson, Sr., requesting clarification on an amount listed on his tax bill - REFERRED TO TREASURER-TAX COLLECTOR B) Letter from David L. Smith requesting clarification on the assessment of his property - REFERRED TO ASSESSOR 28) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Alfredo Gonzalez v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) B) Claim in the matter of Barbara Haynes v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) C) Claim in the matter of Dani R. Ledbetter v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) D) Claim in the matter of Vicki Williams v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) E) Claim for Refund of Taxes in the matter of Richard Joseph Clark v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Auditor) F) Government Tort Claim in the matter of M.M., a minor by and through her guardian David Evankovich v. County of Kern et al. - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

10 Summary of Proceedings PM Page 10 G) Motion and Notice of Motion re Order to Set Mandatory Scheduling Conference in the matter of O Dean Grant v. County of Kern et al. (Case No. S-1500-CV LHB) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) ###