SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, October 17, :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, Maggard 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 Scrivner); Kern County Foundation, Inc. (Supervisor Couch); and Kern Medical Center Foundation (Supervisors Maggard and Scrivner). 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 Item 35 concerning a CONFERENCE WITH LABOR NEGOTIATORS - Agency designated representatives: County Administrative Officer Ryan Alsop, and designated staff - Employee organizations: Service Employees International Union - Criminal Justice Unit; Kern Law Enforcement Association; Kern County Fire Fighters Union; Kern County Detention Officers Association; Kern County Probation Managers Association; Kern County Probation Officers Association; Kern County Sheriff s Command Association; Kern County Sheriff s Command Association II; Kern County Sheriff s Command Association III; Service Employees International Union Local 521; Kern County Prosecutors Association; Unrepresented Employees (Government Code Section ) - HEARD; NO REPORTABLE ACTION Item 36 concerning PUBLIC EMPLOYEE APPOINTMENT/ RECRUITMENT - Title: Director of Child Support Services (Government Code Section 54957) - CHAIRMAN SCRIVNER ANNOUNCED THAT BY A UNANIMOUS 5-0 VOTE, THE BOARD APPROVED THE APPOINTMENT OF ELIZABETH CHAVEZ AS DIRECTOR OF CHILD SUPPORT SERVICES DEPARTMENT, EFFECTIVE IMMEDIATELY; ELIZABETH CHAVEZ HEARD

2 Summary of Proceedings PM Page 2 Item 37 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 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][2]) SUPERVISOR PEREZ ANNOUNCED THAT A JOB FAIR HOSTED BY THE FIFTH DISTRICT AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS UNION (IBEW) LOCAL 428 WILL BE HELD IN THE SUPERVISOR'S LAMONT OFFICE AT MAIN STREET, LAMONT, ON THURSDAY, OCTOBER 19, 2017 DEPARTMENTAL REQUESTS PLANNING AND NATURAL RESOURCES DEPARTMENT CA-3) S.D. #3 Request for Determination of Public Convenience or Necessity for issuance of an Off-Sale Beer and Wine Package Store (Type 20) Liquor License located at 1811 Morning Drive, Bakersfield; Environmental Review: General Rule, Section 15061(b)(3) of the State CEQA Guidelines (Fiscal Impact: None) - ADOPTED RESOLUTION AND RECOMMENDED FINDINGS APPROVING LIQUOR LICENSE AS REQUESTED

3 Summary of Proceedings PM Page 3 CA-4) CA-5) All S.D.s Proposed addition of one Permit Specialist I/II position, and deletion of one Engineering Aide I/II position, effective October 28, 2017, in Budget Unit 2750 (Fiscal Impact: None) - APPROVED; REFERRED TO HUMAN RESOURCES TO AMEND THE DEPARTMENTAL POSITIONS AND SALARY SCHEDULE Proposed Agreement with Alliance Against Family Violence and Sexual Assault for Emergency Solutions Grant (ESG) Shelter Operations Component in the amount of $19,372 (Fiscal Impact: $19,372; Federal Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-6) Proposed Agreement with Bethany Services, Incorporated, DBA Bakersfield Homeless Center, for Emergency Solutions Grant (ESG) Homelessness Prevention Component in the amount of $40,368 (Fiscal Impact: $40,368; Federal Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-7) Proposed Agreement with Bethany Services, Incorporated, DBA Bakersfield Homeless Center, for Emergency Solutions Grant (ESG) Rapid Re-Housing Component in the amount of $77,418 (Fiscal Impact: $77,418; Federal Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-8) Proposed Agreement with Bethany Services, Incorporated, DBA Bakersfield Homeless Center, for Emergency Solutions Grant (ESG) Shelter Operations Component in the amount of $84,032 (Fiscal Impact: $84,032; Federal Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-9) Proposed Agreement with Women s Center - High Desert for Emergency Solutions Grant (ESG) Street Outreach Component in the amount of $26,360 (Fiscal Impact: $26,360; Federal Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT PUBLIC WORKS DEPARTMENT - Building and Development S.D. #1 10) Hearing to make a determination of a public nuisance and order abatement and clean-up of property located at 3811 View Street, Bakersfield, APN (Fiscal Impact: $24,500; Code Compliance Fund; Budgeted; Discretionary) - OPENED HEARING; RUTH SCHALE HEARD; CLOSED HEARING; MADE FINDING THAT PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PER SECTIONS 15061(b)(2), 15061(b)(3) AND OF STATE CEQA GUIDELINES; ADOPTED RESOLUTION DECLARING CHANGE OF LAND USE WITHOUT PLANNING DEPARTMENT APPROVAL AND/OR DEVELOPMENT STANDARDS (Continued on Page 4)

4 Summary of Proceedings PM Page 4 (Continued from Page 3) BEING SATISFIED; GRADING WITHOUT PERMITS; ACCESSORY STRUCTURES WITHOUT PERMITS; OPERATION OF BUSINESS WITHOUT LAND USE APPROVAL; STORAGE OF INOPERABLE VEHICLES IN AREA NOT ZONED FOR INDUSTRIAL STORAGE; STORAGE OF MISCELLANEOUS ITEMS; ACCUMULATION OF TRASH, JUNK, AND DEBRIS; EXCESSIVE ACCUMULATION OF WEEDS; DECLARED SUBJECT PROPERTY A PUBLIC NUISANCE; DIRECTED PUBLIC WORKS DEPARTMENT TO POST AND MAIL RESOLUTION AND NOTICE OF DETERMINATION PURSUANT TO ORDINANCE CODE CHAPTER 8.44; IF NUISANCES ARE NOT ABATED WITHIN THIRTY DAYS AFTER POSTING AND MAILING OF RESOLUTION AND NOTICE OF DETERMINATION, AUTHORIZED PUBLIC WORKS DEPARTMENT TO USE ABATEMENT FUNDS TO AWARD BIDS FOR REMOVAL OF ALL VEHICLES, DISMANTLING OF ACCESSORY STRUCTURES, AND REMOVAL OF ALL MISCELLANEOUS ITEMS, TRASH, JUNK, DEBRIS, WEEDS, CLEAN-UP OF PROPERTY, AND TO PERFORM NECESSARY INSPECTIONS IN PERFORMANCE OF ABATEMENT CONTRACT Gleason-Couch: All Ayes CA-11) Proposed Resolution authorizing the Director of Engineering, Surveying and Permit Services to sign and submit grant application documents for Proposition 1 funds for the South Shafter Sewer Project (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION S.D. #2 CA-12) Proposed reorganization Resolution requesting that Kern County Local Agency Formation Commission (LAFCo) dissolve County Service Area 45 due to proposed Annexation No. 677 to City of Bakersfield (Fiscal Impact: None) - ADOPTED RESOLUTION CA-13) Proposed Rosamond/Willow Springs Transportation Impact Fee program, reconciliation of account and facilities list, and request to set public hearing (Fiscal Impact: None) - SET HEARING FOR TUESDAY, NOVEMBER 14, 2017, AT 2:00 P.M.; DIRECTED CLERK OF THE BOARD TO PUBLISH NOTICE IN ACCORDANCE WITH SECTION OF THE CALIFORNIA GOVERNMENT CODE CA-14) Proposed Tehachapi Core and Non-Core Transportation Impact Fee program, reconciliation of account and facilities list and request to set public hearing (Fiscal Impact: None) - SET HEARING FOR TUESDAY, NOVEMBER 14, 2017, AT 2:00 P.M.; DIRECTED CLERK OF THE BOARD TO PUBLISH NOTICE IN ACCORDANCE WITH SECTION OF THE CALIFORNIA GOVERNMENT CODE All S.D.s CA-15) Proposed Metropolitan Bakersfield Core and Non-Core Transportation Impact Fee program, reconciliation of account and facilities list and request to set public hearing (Fiscal Impact: None) - SET HEARING FOR TUESDAY, NOVEMBER 14, 2017, AT 2:00 P.M.; DIRECTED CLERK OF THE BOARD TO PUBLISH NOTICE IN ACCORDANCE WITH SECTION OF THE CALIFORNIA GOVERNMENT CODE

5 Summary of Proceedings PM Page 5 COUNTY ADMINISTRATIVE OFFICE CA-16) CA-17) CA-18) CA-19) Proposed retroactive Agreements with Alzheimer s Disease Association of Kern County in the amount of $29,080; Arts Council of Kern in the amount of $44,738; Bakersfield Museum of Art in the amount of $22,369; Bakersfield Symphony Orchestra in the amount of $44,738; Court Appointed Special Advocates (CASA) in the amount of $44,738; Kern Literacy Council in the amount of $9,283; Valley Fever Americas Foundation in the amount of $22,369; and Volunteer Center of Kern County, Inc. in the amount of $4,474 for Fiscal Year contributions (Fiscal Impact: $221,789; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENTS THROUGH Proposed contribution to Wonderful College Prep Academy for Harvest Festival in the amount of $250 (Fiscal Impact: $250; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR- CONTROLLER TO PAY Proposed contribution to Bike Bakersfield for Light-up the Night Project in the amount of $500 (Fiscal Impact: $500; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PAY Proposed contribution to Southern Kern Unified School District for Tropico Middle School annual educational trip in the amount of $1,000 (Fiscal Impact: $1,000; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PAY COUNTY ADMINISTRATIVE OFFICE - General Services Division CA-20) S.D. #4 Proposed Amendment No. 1 to Service Agreement with Bakersfield Homeless Shelter to retroactively amend the term of the Agreement and adjust hourly rate County pays to Operator in accordance with the State s minimum wage increases in 2018 and 2019 for various County facilities located in Frazier Park (Fiscal Impact: $29, FY ; Budgeted; Discretionary) - MADE FINDING THAT PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PURSUANT TO SECTION 15061(b)(3) OF STATE CEQA GUIDELINES; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT All S.D.s CA-21) Request for approval of expenditure of funds for the annual employee development meeting scheduled for November 9, 2017 (Fiscal Impact: $3,600; Budgeted; Discretionary) - APPROVED

6 Summary of Proceedings PM Page 6 CONSIDERATION OF ORDINANCE INTRODUCED ON OCTOBER 10, 2017 CA-22) Proposed Ordinance adding Section to Chapter of the Kern County Ordinance Code establishing a 35-mile-per-hour speed limit on Cherry Lane between Tucker Road and Sage Lane, a distance of approximately 3,285 feet, in Tehachapi (Fiscal Impact: None) - ENACTED ORDINANCE G-8738 MATTERS FOR EXECUTIVE APPROVAL CA-23) Budget Transfers APPROVED NOS. 023 THROUGH 029 CA-24) CA-25) Minutes for week of August 28, APPROVED Miscellaneous Letters and Documents - FILED CA-26) Claims and Lawsuits Filed with and Referred by Clerk of the Board - APPROVED AND FILED ADJOURNED TO TUESDAY, OCTOBER 24, 2017 AT 9:00 A.M. Couch /s/ Kathleen Krause Clerk of the Board /s/ Zack Scrivner Chairman, Board of Supervisors

7 Summary of Proceedings PM Page 7 25) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED Auditor-Controller A) Independent Auditor s Report on Internal Controls over Financial Reporting and on Compliance and Other Matters of Ford City - Taft Heights Sanitation District for fiscal years ended June 30, 2015 and 2014 Clerk of the Board B) Received, certified and transmitted to Recorder for recordation as follows: 1) Parcel Map S.D. #4 2) Parcel Map S.D. #4 3) Tract Map 7311, Phase 1 S.D. #4 Employers Training Resource C) Workforce Innovation and Opportunity Act On-the-Job Training Agreements: 1) Daniel T. Beierle, dba Appliance Repair Specialists, WIOA Title 201, dated September 25, 2017 Planning and Natural Resources D) Recorded Notice of Nonrenewal No Land Use Contract or Agreement, for Agricultural Preserve No. 7, from George, Andrew, Kathleen, Jon, and Damian Zaninovich (Document No ) Treasurer-Tax Collector E) Cash Receipts and Disbursements for September 2017 Miscellaneous F) and letter from Carol Bender re marijuana ordinance (Copies to each Supervisor, CAO, Planning and Natural Resources, and County Counsel) G) from David Buckner re Cal-Centre Concert Venue (Copies to each Supervisor, CAO, Planning and Natural Resources, and County Counsel) H) Letter to District 4 from Martin Hinz and Janet Dollar re drainage diversion at the intersection of Elliot and Julin Trails, Frazier Park (Copies to each Supervisor, CAO, Public Works, and County Counsel) I) Letter from Dinah Campbell, Membership Chair, re disbandment of the Friends of the Northeast Branch Library (Copies to each Supervisor, CAO, Library, and County Counsel) J) Letter from Eddy Laine re area between Hart Park and Kern River (Copies to each Supervisor, CAO, and General Services) K) Letter from Ygrene Energy Fund California, LLC re notice of change of address (Copies to CAO and County Counsel) L) Notice of Trustee s Motion for Approval of Settlement of an Asserted Preference Claim Pursuant to Fed. R. Bankr. P (United States Bankruptcy Court for the District of Delaware Case No (MFW) (Copies to County Counsel and Treasurer-Tax Collector)

8 Summary of Proceedings PM Page 8 M) Notice of Default and Election to Sell under Deed of Trust for real property located in Kern County (Copy to Property Management) N) Substitution of Trustee and Notice of Trustee s Sale for property located at 5812 Sparks Street, Bakersfield (Copy to Property Management) O) Notice of Pacific Gas and Electric Company s 2018 Gas Cost Allocation Proceeding Requesting to Change Gas Rates (Copy to General Services) P) Notice from State Department of Alcoholic Beverage Control re application for alcoholic beverage license from Caliburger, 5646 State Road, Bakersfield; Las Vegas De Bakersfield, 509 Ming Avenue, Suite A, Bakersfield; Roys Convenience Store, 9009 West Rosamond Boulevard, Rosamond; Tehachapi Winery Inc, Bailey Road, Tehachapi (Copies to Planning and Natural Resources and Environmental Health Services) Q) Agenda for Kern Health Systems Board of Directors meeting on October 12, 2017 R) Summary for Kern Health Systems Board of Directors meeting on August 10, ) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Aaron Ford v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) B) Claim in the matter of Maria Elena Garcia v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) C) Claim in the matter of Michael Hernandez v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) D) Claim in the matter of Amanda Kaulaity v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) E) Claim in the matter of Austin Knode v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) F) Claim in the matter of Elvira Vasquez v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) G) Summons and Complaint in the matter of The State of California, acting by and through the State Public Works Board v. Kern County Solid Waste Management Program; Semitropic Water Storage District; B. & J. Gallo Winery; Dan Fabbri Farms; United Security Bank; and Does One though Does Twenty (Case No. BCV ) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) ###