SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, January 31, :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 (Maggard and Scrivner). BOARD RECONVENED Supervisors: Gleason, Scrivner, Maggard, Couch, Perez ROLL CALL: 4 Present; 1 Absent - Maggard 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 22 concerning PUBLIC EMPLOYEE APPOINTMENT/ RECRUITMENT - Title: Director of Libraries (Government Code Section 54957) - HEARD; NO REPORTABLE ACTION Item 23 concerning PUBLIC EMPLOYEE APPOINTMENT/ RECRUITMENT - Title: County Counsel (Government Code Section 54957) - HEARD; NO REPORTABLE ACTION Item 24 concerning PUBLIC EMPLOYEE APPOINTMENT/ RECRUITMENT - Title: Public Defender (Government Code Section 54957) - HEARD; NO REPORTABLE ACTION Item 25 concerning a CONFERENCE WITH LABOR NEGOTIATORS - Agency designated representatives: County Administrative Officer Ryan Alsop, and designated staff - Employee organizations: Kern County Prosecutors Association; Kern Law Enforcement Association (Government Code Section ) - HEARD; NO REPORTABLE ACTION Item 26 concerning a CONFERENCE WITH LABOR NEGOTIATORS - Agency designated representatives: County Administrative Officer Ryan Alsop, and designated staff - Employee organization: Kern County Fire Fighters Union (Government Code Section ) - HEARD; NO REPORTABLE ACTION

2 Summary of Proceedings PM Page 2 Item 27 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 Item 28 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 - BY A UNANIMOUS 5-0 VOTE, THE BOARD REJECTED THE CLAIM FROM THE CITY OF RIDGECREST AND DIRECTED COUNTY COUNSEL TO COMMUNICATE CLAIM REJECTION TO THE CITY NOTE: Chairman Scrivner announced that Supervisor Maggard was absent due to being called for jury duty 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]) NO ONE HEARD DEPARTMENTAL REQUESTS PLANNING AND NATURAL RESOURCES DEPARTMENT S.D. #1 CA-3) Proposed rescission of existing Williamson Act Land Use Contract and simultaneous approval of proposed Williamson Act Contract No with Homer, LLC, implementing in the 2018 calendar year; acres; Agricultural Preserve No. 6; 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

3 Summary of Proceedings PM Page 3 CA-4) Proposed rescission of existing Williamson Act Land Use Contract and simultaneous approval of proposed Williamson Act Contract No with Triple S Lamb Feeding LLC, implementing in the 2018 calendar year; 78.6 acres; Agricultural Preserve No. 6; 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 S.D. #5 CA-5) Proposed Memorandum of Understanding (MOU) and Agreement for performance of Conditions of Approval and Mitigation Measures as environmental restrictions with 8 Minute Energy for the approved Redwood 4 Solar Farm in unincorporated Kern County (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT PUBLIC WORKS DEPARTMENT - Administration and Engineering CA-6) CA-7) CA-8) S.D. #2 Contract No , identify apparent low, responsive and responsible bid of James E. Thompson, Inc., dba JTS Construction for Gatehouse and Site Improvements at Tehachapi Recycling and Sanitary Landfill, in an amount not to exceed $833,821 (Fiscal Impact: $833,821; Solid Waste Enterprise Fund; Budgeted; Discretionary) - IDENTIFIED APPARENT LOW, RESPONSIVE AND RESPONSIBLE BID; AUTHORIZED PUBLIC WORKS TO PREPARE CONTRACT DOCUMENTS AND RELEASE ALL OTHER BID GUARANTEES Proposed authority for credit application process containing non-standard terms of use with Love s Truck Stop, 2000 East Tehachapi Boulevard, Tehachapi, for the use of certified weigh scales for large haul waste carriers (Fiscal Impact: $10,000; Solid Waste Enterprise Fund; Budgeted; Discretionary) - AUTHORIZED PUBLIC WORKS DEPARTMENT TO AGREE TO NON-STANDARD TERMS OF USE OF THE CREDIT APPLICATION PROCESS AND PROCEED WITH ACQUISITION OF WEIGHING SERVICES All S.D.s Authorization to complete and file Certification of Compliance with Federal Transit Administration Anti-Drug and Alcohol Misuse Program regulations (Fiscal Impact: None) - AUTHORIZED PUBLIC WORKS DIRECTOR TO COMPLETE AND FILE CERTIFICATION PUBLIC WORKS DEPARTMENT - Building and Development S.D. #1 CA-9) Request for release of faithful performance security (letter of credit) for street, water, sewer and landscape improvements one-year guarantee period, Tract 7229, Units 1, 2 and 3, northwest Bakersfield, Norris Road LLC (Fiscal Impact: None) - RELEASED AND RETURNED LETTER OF CREDIT NO IN THE AMOUNT OF $245,837 TO TRI COUNTIES BANK

4 Summary of Proceedings PM Page 4 CA-10) S.D. #4 Request to extend and amend Subdivision Improvement Agreement with 1140 Cottonwood Rd., L.P., Parcel Map 11093, to January 18, 2018 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; RETAINED ALL TERMS AND CONDITIONS OF THE ORIGINAL AGREEMENT, EXCEPT AS AMENDED, IN FULL FORCE AND EFFECT All S.D.s 11) Report on Caliente Creek flooding and update on feasibility studies for Caliente Creek habitat mitigation and groundwater recharge projects (Fiscal Impact: None) - BEATRIS SANDERS, KERN COUNTY FARM BUREAU, AND CLARK FARR, HEARD; RECEIVED AND FILED Couch-Perez: 4 Ayes; 1 Absent - Maggard PUBLIC WORKS DEPARTMENT - Finance CA-12) CA-13) CA-14) CA-15) S.D. #1 Proposed Resolution fixing and continuing in effect the sewer availability charge at its current rate in County Service Area 39, Kern Valley (Fiscal Impact: $870 Revenue; CSA 39; Budgeted; Discretionary) - RECEIVED AND FILED REPORT; ADOPTED RESOLUTION ; MADE FINDING THAT ACTION IS STATUTORILY EXEMPT FROM FURTHER CEQA REVIEW PER SECTION OF THE STATE CEQA GUIDELINES Request for approval of exemption of Land Use Fees (based on allowable exemptions) by Sammy Enrique Barela Liv TR Assessor s Parcel No. (APN) for Fiscal Year in the amount of $82.89; and Martin Russell APN for Fiscal Year in the amount of $48.35 (Fiscal Impact: $ Revenue Decrease; Solid Waste Enterprise Fund; Not Budgeted; Discretionary) - APPROVED S.D. #2 Request for cancellation of designations of $917,205 from Capital Project Designation in the Solid Waste Enterprise Fund and approval to increase appropriations for Tehachapi Landfill Gatehouse and Scale project (Fiscal Impact: $917,205; Solid Waste Enterprise Fund; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS All S.D.s Request for approval of mid-year capital asset acquisition of five complete traffic signal controller cabinets in an amount not to exceed $50,000 (Fiscal Impact: $50,000; Road Fund; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS

5 Summary of Proceedings PM Page 5 CA-16) Request for cancellation of designations of $2,000,000 from Road Fund General Designation Account 2173 and approval to increase appropriations within Road Fund Department 3000 Account 7700 for increased flood events and related road maintenance issues (Fiscal Impact: $2,000,000; Road Fund; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS PUBLIC WORKS DEPARTMENT - Operations and Maintenance CA-17) All S.D.s Request for sole source Agreement with Carpet America Recovery Effort for recycling services of used carpet from February 1, 2017 to December 31, 2019 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT COUNTY ADMINISTRATIVE OFFICE CA-18) Proposed retroactive reimbursable Letter of Agreement with California Highway Patrol for traffic control for Fort Tejon communities from January 21, 2017 through February 5, 2017, in an amount not to exceed $5,765 (Fiscal Impact: 5,765; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED SUPERVISOR DAVID COUCH TO SIGN CA-19) Request for authorization for County of Kern to participate in the Medi-Cal County Inmate Program (Fiscal Impact: None) - APPROVED; AUTHORIZED COUNTY ADMINISTRATIVE OFFICER TO SIGN ALL REQUIRED AGREEMENTS SUBJECT TO COUNTY COUNSEL APPROVAL Legislative Matter CA-20) CA-21) HR 23 (Valadao), Gaining Responsibility on Water (GROW) Act strengthening water reliability and storage and protecting water rights (Fiscal Impact: None) - ADOPTED POSITION OF SUPPORT; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE SB 80 (Wieckowski), adding extensive California Environmental Quality Act (CEQA) notice requirements for local projects (Fiscal Impact: None) - ADOPTED POSITION IN OPPOSITION; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE

6 Summary of Proceedings PM Page 6 COUNTY ADMINISTRATIVE OFFICE - General Services Division S.D. #2 CA-22) Proposed Amendment No. 4 to Lease Agreement with Cal Stock Partnership for Mental Health Department to continue to use a portion of 5121 Stockdale Highway, Bakersfield, to redefine Lessor s improvements and adjust rental consideration accordingly (Fiscal Impact: $5,760 Annual Increase; Mental Health Fund; 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 CA-23) CA-24) CA-25) CA-26) S.D. #3 Proposed Amendment No. 5 to Lease Agreement with 7900 East Niles Partnership for Mental Health Department to use a portion of 7900 Niles Street, Bakersfield; and proposed Amendment No. 2 to Sublease Agreement with Kern County Superintendent of Schools to redefine the premises, term, rent, and maintenance responsibilities at 7900 Niles Street, Bakersfield (Fiscal Impact: None) - MADE FINDING PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PURSUANT TO SECTION 15061(b)(3) OF STATE CEQA GUIDELINES; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENTS AND S.D. #4 Proposed Resolution declaring intent to sell real property, approval of bid documents for disposal, and authority to advertise and sell real property located at rd Street, Fellows (Fiscal Impact: None) - MADE FINDING PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PER SECTION OF STATE CEQA GUIDELINES; ADOPTED RESOLUTION ; APPROVED BID DOCUMENTS; AUTHORIZED CLERK OF THE BOARD TO PUBLISH NOTICE OF INTENT TO SELL REAL PROPERTY THREE TIMES IN ACCORDANCE WITH SECTION 6063 OF GOVERNMENT CODE; AUTHORIZED GENERAL SERVICES TO RECEIVE AND OPEN BIDS ON WEDNESDAY, MARCH 1, 2017 AT 10:00 A.M. Request to appropriate unanticipated revenue from State Department of Housing and Community Development, and establish mid-year project for improvements to the Buena Vista Aquatic Recreation Area (BVARA) (Fiscal Impact: $225,050; State Grant; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS S.D. #5 Proposed Agreement for Lease with City Block 21 Developers, LLC for st Street in Bakersfield to be utilized by Mental Health as general office space (Fiscal Impact: $269,406 Annually; Mental Health Fund; 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

7 Summary of Proceedings PM Page 7 CA-27) Report on emergency replacement of failing HVAC equipment at Beale Library ( ) (Fiscal Impact: None) - RECEIVED AND FILED MATTERS FOR EXECUTIVE APPROVAL CA-28) Budget Transfers APPROVED NOS. 110 THROUGH 116 CA-29) CA-30) CA-31) Minutes for week of November 14, APPROVED WITH CORRECTIONS TO NOVEMBER 15, 2016 ITEM NO. 39 A.M., CORRECTING "NO REPORTABLE ACTION TAKEN" to "SEE RESULTS OF CLOSED SESSION AT BEGINNING OF 2:00 P.M. SESSION"; AND REPORT ON ACTIONS TAKEN IN CLOSED SESSION of P.M. AGENDA ITEM NO. 39 CORRECTING "NO REPORTABLE ACTION" to "CONTINUED TO IMMEDIATELY FOLLOW THE 2:00 P.M. SESSION (SEE ITEM NO. 27)"; AND ADDING ITEM NO. 27 PM "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 ) (from 9:00 a.m. session, Item No. 39)" Miscellaneous Letters and Documents - FILED Letters Received and Referred by Clerk of the Board - APPROVED AND FILED CA-32) Claims and Lawsuits Filed with and Referred by Clerk of the Board - APPROVED AND FILED ADJOURNED TO MONDAY, FEBRUARY 6, 2017 AT 9:00 A.M. FOR SPECIAL BOARD MEETING Gleason /s/ Kathleen Krause Clerk of the Board /s/ Zack Scrivner Chairman, Board of Supervisors

8 Summary of Proceedings PM Page 8 30) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED Agriculture and Measurement Standards A) Agricultural Commissioner Disaster Report Animal Services B) Eighty-six thank you letters re donations received for Kern County Animal Shelter Auditor-Controller C) County of Kern Adopted Budget Clerk of the Board D) from Clint Phillips re resignation from Workforce Development Board effective December 31, 2016 (Copies to each Supervisor and CAO) E) Letter from Bonita Steele re resignation from the Kern County Behavioral Health Board (Copies to each Supervisor and CAO) Retirement F) Kern County Employees Retirement Association Comprehensive Annual Financial Report for the Fiscal Years ended June 30, 2016 and 2015 Miscellaneous G) Twenty-three s re staffing reductions at fire stations (Copies to each Supervisor, CAO, Fire, and County Counsel) H) Two letters re initiation of a parking fee at Hart Park (Copies to each Supervisor, CAO, General Services, and County Counsel) I) Letter from Amanda Warford, Victim Witness Coordinator, U.S. Department of Justice, re United States v Tyrell McKenzie (Copies to District Attorney, and County Counsel) J) Worker Adjustment Retraining and Notification Act (WARN) notice re permanent layoff of 20 retail and/or distribution center employees of Moran Foods, LLC dba Save-A-Lot, Ltd. at its facility located at 521 Finley Drive, Taft (Copies to each Supervisor, CAO, Employers Training Resource, Human Resources, and County Counsel) K) News Release from Los Padres National Forest re fire restrictions lifted on Los Padres National Forest L) Notice from State Fish and Game Commission re Central Valley salmon sport fishing M) Notice from State Fish and Game Commission re foothill yellow-legged frog N) Scoping Document 2 for the South SWP Hydropower Project from Federal Energy Regulatory Commission (Copies to CAO, Planning and Natural Resources, and County Counsel) O) Agenda for Kern County Parks and Recreation Commission meeting on January 25, 2017 P) Minutes for Kern County Commission on Aging meetings on July 7, 2016;

9 Summary of Proceedings PM Page 9 September 1, 2016, October 6, 2016; and November 3, 2016 Q) Minutes for Regular Commission on Aging meetings on July 18, 2016; September 19, 2016; and October 17, 2016 R) Minutes for In-Home Supportive Services (IHSS) Advisory Committee to the Kern County Board of Supervisors meeting on July 21, ) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Letter from Daniel N. Raytis, Law Offices of McMurtrey, Hartsock & Worth, re Rosedale - Rio Bravo Water Storage District Appointment in Lieu of Election - Water Code Section REFERRED TO COUNTY COUNSEL 32) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Hisham Ahmed v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) B) Claim in the matter of Anthony Bustamonte v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) C) Claim in the matter of Vikki Digirolamo v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) D) Claim in the matter of Gordon F. Lull v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) E) Claim in the matter of Angela Moyer v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) F) Notice of Filing Proofs of Service of Verified Petition for Writ of Mandate and Notice of Election to Prepare Administrative Record in the matter of Center for Biological Diversity and Center for Food Safety (Case No. BCV ) (Received for Clerk of the Board) v. County of Kern, et al. - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) G) Notice of Filing Proofs of Service of Verified Petition for Writ of Mandate and Notice of Election to Prepare Administrative Record in the matter of Center for Biological Diversity and Center for Food Safety (Case No. BCV ) (Received for County Administrative Officer) v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) H) Subrogation Demand in the matter of Michael S. & Leonard D. Berry Inc. v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) ###