SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, November 2, :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 County Network for Children (Supervisor Rubio); 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, Rubio ROLL CALL: All Present SALUTE TO FLAG - Led by First District Supervisor Jon McQuiston 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 CHAIRMAN WATSON EXPRESSED CONDOLENCES FOR THE FAMILY OF SOLDIER BRETT LAND WHO WAS KILLED IN ACTION ON OCTOBER 30, 2010, WHILE SERVING IN AFGHANISTAN REPORT ON ACTIONS TAKEN IN CLOSED SESSION ON TUESDAY, OCTOBER 26, 2010, AT 2:00 P.M., ITEM NO. 49 P.M. NO REPORTABLE ACTION TAKEN RESOLUTIONS/PROCLAMATIONS 1) Proclamation proclaiming November 2010 as Farmworker Institute for Education and Leadership Development (FIELD) Month in Kern County - PROCLAIMED; MADE PRESENTATION TO DAVID VILLARINO, PRESIDENT, FIELD PROGRAM; DAVID VILLARINO HEARD Maben-Rubio: All Ayes

2 Summary of Proceedings Page 2 2) Proclamation proclaiming the 80th Anniversary of the Fox Theater and proclaiming the week of November 7-14, 2010 as Fox Theater Week in Kern County - PROCLAIMED; MADE PRESENTATION TO PHYLLIS ADAMS, FOX THEATER FOUNDATION BOARD MEMBER, WHO INTRODUCED JIM DARLING, PRESIDENT, AND RICK DAVIS, VICE PRESIDENT, FOX THEATER FOUNDATION, AND CATHY BUTLER, PRESIDENT OF THE DOWNTOWN BUSINESS ASSOCIATION; PHYLLIS ADAMS HEARD Maggard-Rubio: All Ayes 3) Proclamation proclaiming November 2010 as National Adoption Awareness Month in Kern County - PROCLAIMED; MADE PRESENTATION TO ELENA ACOSTA, ASSISTANT DIRECTOR FOR CHILD WELFARE SERVICES, DEPARTMENT OF HUMAN SERVICES; ELENA ACOSTA HEARD Rubio-Maben: All Ayes 4) Proclamation proclaiming November 2010 as Diabetes Awareness Month in Kern County - PROCLAIMED; MADE PRESENTATION TO MATTHEW CONSTANTINE, DIRECTOR, PUBLIC HEALTH SERVICES, WHO INTRODUCED DR. CLAUDIA JONAH, PUBLIC HEALTH OFFICER, CAROL SORRELL, KERN HEALTH SYSTEMS, LISA OHLFEST, KERN MEDICAL CENTER, AND KARA AND KIRSTEN BARTON; MATTHEW CONSTANTINE, CLAUDIA JONAH, CAROL SORRELL, LISA OHLFEST, AND KARA AND KIRSTEN BARTON, HEARD McQuiston-Maben: All Ayes APPOINTMENTS CA-5) Appointment to the Workforce Investment Board (WIB) of Maggie Ortega, Business Representative, term to expire June 30, 2013, and Angelica Castro, replacing Barry Jung, as Economic Development Representative, term to expire December 31, 2011; and addition of one "Other Member" position on the WIB Youth Council, with the appointment of Jim Elrod, term to expire June 30, APPROVED; MADE APPOINTMENTS PUBLIC PRESENTATIONS 6) 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! KATRINA GARCIA, PROBATION DEPARTMENT, HEARD REGARDING EFFECTS OF PROPOSED PAY CUTS LAURA LOPEZ, PRESIDENT, KERN LAW ENFORCEMENT ASSOCIATION (KLEA), INTRODUCED FIDEL CONTRERAS WHO WAS HEARD REGARDING KLEA S FIRST ANNUAL VETERANS DAY BREAKFAST TO BE HELD SUNDAY, NOVEMBER 7, 2010, AT 9:00 A.M. AT THE KLEA BANQUET HALL, BAKERSFIELD

3 Summary of Proceedings Page 3 BOARD MEMBER ANNOUNCEMENTS OR REPORTS 7) 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 RUBIO MADE A REFERRAL TO COUNTY ADMINISTRATIVE OFFICE TO BRING BACK RECOMMENDATIONS ON TUESDAY, NOVEMBER 9, 2010, CONCERNING POLICY ON MAINTAINING VACANT FUNDED AND UNFUNDED POSITIONS Rubio-McQuiston: All Ayes SUPERVISOR RUBIO INTRODUCED HIS FATHER, MIKE RUBIO, IN ATTENDANCE AIRPORTS DEPARTMENTAL REQUESTS CA-8) CA-9) Proposed Foreign Trade Zone Developer Agreement with Tejon Industrial Corporation from November 2, 2010 through November 1, 2015 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT Proposed Foreign Trade Zone (FTZ) Operator Agreement with IKEA Distribution Services at the Tejon Industrial Corporation Site from November 2, 2010 through November 1, 2011, in the amound of $8,500 and request to approve form of Agreement for FTZ (Fiscal Impact: $8,500 Revenue; Airports Enterprise Fund; Budgeted; Discretionary) ; AUTHORIZED DIRECTOR OF AIRPORTS TO SIGN FORM AGREEMENTS SUBJECT TO APPROVAL AS TO FINAL FORM BY COUNTY COUNSEL 10) Proposed Resolution finding emergency and dispensing with bid requirements for electrical repair at Taft Airport; and request Purchase order with Gold Coast Electric, Inc., in an amount not to exceed $16,000 (Fiscal Impact: $16,000 Airports Enterprise Fund; Not Budgeted; Discretionary) - APPROVED; ADOPTED RESOLUTION FINDING THE EMERGENCY WILL NOT PERMIT A DELAY RESULTING FROM COMPETITIVE BIDDING AND AUTHORIZED THE ASSISTANT COUNTY ADMINISTRATIVE OFFICER FOR GENERAL SERVICES TO WAIVE NORMAL PUBLIC CONTRACT CODE ADVERTISING AND BIDDING PROCEDURES PURSUANT TO PUBLIC CONTRACT CODE SECTION Maben-McQuiston: All Ayes AUDITOR-CONTROLLER-COUNTY CLERK CA-11) Independent Auditor s Report of California Emergency Management Agency, Corrections Standards Authority, Office of Traffic Safety, and Department of Justice Grants for the period ending June 30, 2010 (Fiscal Impact: None) - RECEIVED AND FILED

4 Summary of Proceedings Page 4 CA-12) Certification of Appointments for the General Election to be held November 2, 2010 (Fiscal Impact: None) - APPOINTED PERSONS NAMED IN OFFICIAL APPOINTMENTS BOARD OF SUPERVISORS 13) Request from Fourth District Supervisor Ray Watson for letter of support for the launch of Kern County s Call to Action: Obesity Action Plan (Fiscal Impact: None) - REFERRED TO PUBLIC HEALTH SERVICES McQuiston-Maggard: All Ayes CLERK OF THE BOARD CA-14) Proposed Resolution establishing the regular meeting dates of the Board of Supervisors for APPROVED; ADOPTED RESOLUTION COUNTY COUNSEL CA-15) Request from VFS Financing for reissuance of County warrants in the amounts of $109.50, $512.32, and $2,285 (Fiscal Impact: None) - DENIED REQUEST CA-16) Proposed Ordinance adding subsection (41) to Section to Chapter of Title 10 of the Kern County Ordinance Code establishing a handicapped parking zone on Linda Vista Drive, Bakersfield (Fiscal Impact: None) - WAIVED READING; INTRODUCED ORDINANCE DISTRICT ATTORNEY CA-17) Request for approval of mid-year fixed asset acquisition of a document management system for the Forensic Science Division, in an amount not to exceed $22,000 (Fiscal Impact: $22,000; Grant Funded, Not Budgeted, Discretionary) - APPROVED; APPROVED BUDGET TRANSFER HUMAN SERVICES CA-18) Proposed Amendment No. 1 to Memorandum of Understanding (MOU) with Kern County Network for Children to modify number of social service workers outstationed for Child Welfare Services (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

5 Summary of Proceedings Page 5 CA-19) Proposed Agreement with Garden Pathways, Inc. for Family to Family Mentoring Services Program, from November 2, 2010 through June 30, 2011, in an amount not to exceed $100,000 (Fiscal Impact: $100,000; $89,000 Federal/State; $11,000 County; Budgeted; Discretionary) KERN MEDICAL CENTER CA-20) CA-21) Proposed Agreement with Pawan Kumar, M.D., an independent contractor, for professional medical services in the Department of Medicine, from January 1, 2011 through December 31, 2012, in an amount not to exceed $260,000 (Fiscal Impact: $260,000 (funded by Kern Health Systems) ($65,000 FY ); KMC Enterprise Fund; Budgeted; Discretionary) Proposed Amendment No. 1 to Agreement with Gohar Gevorgyan, M.D., a contract employee, for professional medical services in the Department of Family Medicine, reflecting the revised compensation methodology for teaching and administrative duties, clinic patients and all other patients, and increasing the maximum payable by $100,000 for the period November 2, 2010 through June 30, 2012, from $300,000 to $400,000, plus applicable benefits, effective November 2, 2010 (Fiscal Impact: $101,450 ($43,479 FY ); KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-22) Proposed Amendment No. 2 to Health Care Services Agreement with Community Action Partnership of Kern, an independent contractor, for outpatient primary care services for patients enrolled in the Kern Medical Center Health Plan under the state Coverage Expansion and Enrollment Demonstration, extending the term through December 31, 2013, increasing the maximum payable by $1,500,000, from $500,000 to $2,000,000, and implementing various changes in the Agreement consistent with the experience of the parties (Fiscal Impact: $1,500,000 ($300,000 FY ); KMC Enterprise Fund/State Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-23) Proposed Amendment No. 3 to Health Care Services Agreement with National Health Services, Inc., an independent contractor, for outpatient primary care services for patients enrolled in the Kern Medical Center Health Plan under the state Coverage Expansion and Enrollment Demonstration, extending the term through December 31, 2013, increasing the maximum payable by $2,250,000, from $775,000 to $3,025,000, and implementing various changes in the Agreement consistent with the experience of the parties (Fiscal Impact: $2,250,000 ($450,000 FY ); KMC Enterprise Fund/State Grant; Budgeted; Discretionary)

6 Summary of Proceedings Page 6 CA-24) Proposed selection of Mission Linen Supply, an independent contractor, as provider of laundry management services at Kern Medical Center and authorization to develop agreement (Fiscal Impact: None) - APPROVED; AUTHORIZED CHIEF EXECUTIVE OFFICER TO DEVELOP AGREEMENT MENTAL HEALTH SERVICES CA-25) Proposed sole source Agreement with Golden State Health Centers, Inc., dba Sylmar Health & Rehabilitation Center, to provide mental health residential treatment services for severely mentally ill clients, from November 2, 2010 through June 30, 2011, in an amount not to exceed $114,100 (Fiscal Impact: $114,100; Realignment; Budgeted; Mandated) PROBATION CA-26) Proposed retroactive sole source Agreement with BI Incorporated for establishment of a Day Reporting Center, from September 21, 2010 through March 31, 2012, in an amount not to exceed $711,707 for fiscal year , with an amount not to exceed $1,067,561 over the eighteen month term of the Agreement and to terminate Agreement due to incorrect contractor name (Fiscal Impact: $711,707; Federal Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT PUBLIC HEALTH SERVICES NOTE: ITEM NOS. 27, 28 AND 29 WERE HEARD CONCURRENTLY NOTE: SUPERVISOR RUBIO ANNOUNCED A CONFLICT OF INTEREST DUE TO HIS WIFE S EMPLOYMENT WITH CLINICA SIERRA VISTA, RECUSED HIMSELF FROM THE VOTE ON ITEM NOS. 27, 28 AND 29, AND LEFT THE DAIS 27) Proposed retroactive Agreement with Kern County Children and Families Commission for Black Infant Health Program services from July 1, 2010 through June 30, 2013, in an amount not to exceed $450,000 (Fiscal Impact: $450,000 (FY $107,140) Revenue; State; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT ; APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $107,140 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER IN THE AMOUNT OF $107,140 FROM APPROPRIATIONS FOR CONTINGENCIES TO BUDGET 4110 Maggard-McQuiston: 4 Ayes; 1 Abstained - Rubio

7 Summary of Proceedings Page 7 28) Proposed Agreement with Clinica Sierra Vista for Black Infant Health Program services from November 15, 2010 through June 30, 2013, in an amount not to exceed $215,935 (Fiscal Impact: $215,935 (FY $50,572); State; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT Maggard-McQuiston: 4 Ayes; 1 Abstained - Rubio 29) Proposed Agreement with Ebony Counseling Center for Black Infant Health Program services from November 15, 2010 through June 30, 2013, in an amount not to exceed $215,935 (Fiscal Impact: $215,935 (FY $51,600); State; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT Maggard-McQuiston: 4 Ayes; 1 Abstained - Rubio 30) Proposed deletion of one (1) Public Health Project Specialist, resulting in one (1) layoff, from Budget Unit 4110, effective November 20, 2010 (Fiscal Impact: $86,439 Savings; State Grant; Discretionary; Budgeted) - APPROVED; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE Maben-McQuiston: 4 Ayes; 1 Absent - Rubio PUBLIC HEALTH SERVICES Environmental Health Division CA-31) Request for authorization to use funds for the Tobacco Retailer s Permit Program 2010 Winter Compliance Check Project (Fiscal Impact: $2,400; State Grant; Budgeted; Mandated) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PAY 32) Report on Department s risk-based approach to permitting and inspecting permitted facilities and Performance Incentive Program (Fiscal Impact: None) - JOEL SHERMAN, DIRECTOR OF SAFETY AND REGULATORY COMPLIANCE, GRIMMWAY FARMS, HEARD; RECEIVED AND FILED Maben-Maggard: 4 Ayes; 1 Absent - Rubio NOTE: SUPERVISOR RUBIO RETURNED TO THE DAIS FOLLOWING THE VOTE ON ITEM NO. 32 SHERIFF CA-33) Proposed retroactive Agreement with the U.S. Department of Justice, Drug Enforcement Administration (DEA), for participation in a State and Local Task Force, from September 30, 2010 through September 30, 2011, in an amount not to exceed $17,202 (Fiscal Impact: $17,202 Revenue; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

8 Summary of Proceedings Page 8 34) Request to accept retroactive grant funding from the U.S. Department of Justice, Office of Community Oriented Policing Services from September 1, 2010 through August 31, 2013, in the amount of $7,384,635 for a threeyear period to fund entry level law enforcement officers and requiring to maintain new positions for an additional 12-month period at the conclusion of the Agreement and proposed addition of twenty-seven (27) Deputy Sheriff positions for the 2010 COPS Hiring Program (Fiscal Impact: $7,384,635; ($1,177,484 FY ); Federal Grant; General Fund Unknown in FY ; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AWARD AGREEMENT ; APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $1,177,484 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER IN THE AMOUNT OF $1,177,484 FROM APPROPRIATIONS FOR CONTINGENCIES TO BUDGET UNIT 2210; APPROVED ADDITION OF TWENTY-SEVEN (27) DEPUTY SHERIFF (ITEM #4496) POSITIONS, EFFECTIVE NOVEMBER 2, 2010; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE CA-35) Application to hold a parade - Annual Christmas Parade - Kern River Valley Chamber of Commerce - on November 27, 2010, in Lake Isabella - FOUND THAT THE SHERIFF HAS NOTED HIS APPROVAL ON THE PERMIT AND THAT THE PARADE WILL NOT RESULT IN THE UNDUE OR UNMANAGEABLE OBSTRUCTION OR HINDRANCE OF TRAFFIC ON THE HIGHWAY WHERE IT IS TO BE HELD; WILL NOT LEAD TO BREACH OF THE PEACE, PROPERTY DAMAGE, OR OTHER DISORDERLY OR UNLAWFUL CONDUCT; WILL NOT CONFLICT WITH OTHER PARADES PREVIOUSLY GRANTED PERMITS, AND THAT THE SHERIFF HAS FACILITIES TO PROPERLY SUPERVISE THE PARADE; APPROVED PERMIT; AUTHORIZED CHAIRMAN TO SIGN ADJOURNED TO CLOSED SESSION Rubio 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 36) Request for Closed Session regarding conference with real property negotiators John Nilon, County Administrative Officer, or his designee, regarding price, terms of payment and conditions of transfer for purchase, sale, exchange or lease concerning potential real property acquisition of a portion of A.P.N owned by Ballantyne Family Trust; owned by Franmar Co. LP.; , , , , owned by Roll Real Estate Properties (Government Code Section ) - NO REPORTABLE ACTION TAKEN

9 Summary of Proceedings Page 9 37) 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 RECONVENED FROM CLOSED SESSION; RECESSED TO 2:00 P.M. Rubio-Maben /s/ Kathleen Krause Clerk of the Board /s/ Ray Watson Chairman, Board of Supervisors