SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, February 28, :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 Maggard); Community Action Partnership of Kern (Supervisor Maggard); Kern County Network for Children (Supervisor Goh); Kern Economic Development Corporation (Supervisors Maggard, Watson, and Scrivner); Southern California Water Committee (Supervisors Watson and Maggard); and Tobacco Funding Corporation, Kern County (Supervisors Maggard and Scrivner). BOARD RECONVENED Supervisors: McQuiston, Scrivner, Maggard, Watson, Goh ROLL CALL: 4 Present; 1 Absent - Watson SALUTE TO FLAG - Led by Mayor Harvey Hall, City of Bakersfield 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" 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, FEBRUARY 21, 2012 AT 2:00 P.M. RESOLUTIONS/PROCLAMATIONS 1) Resolution honoring and welcoming the Friendship Force of Tuxtla Gutierrez, Chiapas Mexico to Kern County - ADOPTED RESOLUTION; MADE PRESENTATION TO CARMEN BENITO, FRIENDSHIP FORCE OF CHIAPAS, MEXICO; CARMEN BENITO AND SANDRA LARSON, FRIENDSHIP FORCE OF KERN COUNTY, HEARD Goh-McQuiston: 4 Ayes; 1 Absent - Watson 2) Resolution honoring Chief Deputy David Nelson, Sheriff s Department, upon his retirement with 23 years of dedicated service to the County of Kern - ADOPTED RESOLUTION; MADE PRESENTATION TO CHIEF DEPUTY DAVID NELSON; DAVID NELSON AND SHERIFF DONNY YOUNGBLOOD, HEARD Maggard-Goh: 4 Ayes; 1 Absent - Watson

2 Summary of Proceedings Page 2 APPOINTMENTS CA-3) CA-4) CA-5) Appointment of Henry Castaneda, replacing Magda Menendez, as At-large Community Representative Member to the Juvenile Justice Coordinating Council, term to expire October 22, MADE APPOINTMENT Appointment of Bonnie Garatt Chugg as At-large Member to the Tehachapi Public Cemetery District, term to expire December 15, MADE APPOINTMENT Reappointment of Manuel Pantoja as At-large Member to the South Kern Cemetery District, term to expire December 10, MADE REAPPOINTMENT 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! MICHAEL TURNIPSEED, KERN COUNTY TAXPAYERS ASSOCIATION, HEARD REGARDING KERN MEDICAL CENTER FAMILY PRACTICE RESIDENCY TRAINING PROGRAM JOHN ENRIQUEZ, CHAIRMAN, KEEP BAKERSFIELD BEAUTIFUL, RECOGNIZED BOB LERUDE, DIRECTOR, PARKS AND RECREATION DEPARTMENT, WITH A PLAQUE OF APPRECIATION FOR HIS SERVICE AS PAST CHAIR OF KEEP BAKERSFIELD BEAUTIFUL; MAYOR HARVEY HALL AND COUNCILWOMAN JACQUIE SULLIVAN, CITY OF BAKERSFIELD, AND BOB LERUDE, HEARD JANET PICKERING HEARD CONCERNING HER SOCIAL SECURITY INSURANCE BENEFITS JOE CORONADO, JANET SKIBINSKI, MARILYN WILSON, MILDRED SANDIFER, LILLIAN ALVEAR, AND LEE PERRY HEARD CONCERNING SCHEDULED ELIMINATION OF ELDERLIFE ADULT DAY HEALTH CARE PROGRAM 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]) ALL BOARD MEMBERS HEARD CONCERNING ELDERLIFE ADULT DAY HEALTH CARE PROGRAM; MADE FINDING THAT THE NEED TO TAKE ACTION ON NON-AGENDA MATTER TO CONSIDER POSSIBLE CONTINUATION OF ELDERLIFE PROGRAM OCCURRED AFTER THE AGENDA WAS POSTED McQuiston-Maggard: 4 Ayes; 1 Absent Watson (Continued on Page 3)

3 Summary of Proceedings Page 3 (Continued from Page 2) MOTION TO CONSIDER NON-AGENDA ITEM AT 2:00 P.M. SESSION (See Item No. 28A) Goh-McQuiston: 4 Ayes; 1 Absent - Watson SUPERVISORS GOH, MCQUISTON AND MAGGARD HEARD CONCERNING KERN MEDICAL CENTER (KMC) FAMILY PRACTICE RESIDENCY TRAINING PROGRAM; REFERRED TO KMC TO INCLUDE AN ITEM ON THE MONDAY, MARCH 12, 2012 BOARD MEETING AGENDA AT KMC TO DISCUSS OPTIONS AND CONSEQUENCES RELATED TO ELIMINATION OF THE FAMILY PRACTICE RESIDENCY TRAINING PROGRAM AGING AND ADULT SERVICES DEPARTMENTAL REQUESTS CA-8) Proposed Amendment No. 1 to Agreement with California Department of Aging to increase funding for Title III and Title VII, and reduce Nutrition Services Incentive Program funding for FY , with an amount not to exceed $2,652,680; and request to appropriate unanticipated revenue in the amount of $11,813 (Fiscal Impact: $19,462; Federal; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT ; AUTHORIZED INTERIM DIRECTOR OF AGING AND ADULT SERVICES DEPARTMENT TO SIGN ALL RELATED STATE TRANSMITTAL AND BUDGETARY DOCUMENTS; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS COUNTY COUNSEL CA-9) Requests of Sheriff-Coroner, Probation, Engineering, Surveying and Permit Services, Kern Medical Center, Waste Management, Roads, and Mental Health Departments for authorization to destroy records no longer necessary or required for County purposes and eligible for destruction (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN DISTRICT ATTORNEY CA-10) Request to appropriate unanticipated revenue in the amount of $458,982 from the Office of Traffic Safety and approve mid-year fixed asset acquisition for the sole source purchase of supporting equipment for the Portable Evidential Breath Test Program, in an amount not to exceed $335,000 (Fiscal Impact: $458,982 Federal Grant; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED PURCHASING AGENT TO ISSUE SOLE SOURCE PURCHASE ORDER; AUTHORIZED AUDITOR- CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS

4 Summary of Proceedings Page 4 FIRE DEPARTMENT CA-11) Request to appropriate unanticipated revenue in the amount of $1,817,403 from Homeland Security grant funds, establish fixed asset accounts for purchase of equipment and authorize transfer of fixed assets to other agencies (Fiscal Impact: $1,817,403; State Homeland Security Grant; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR- CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS CA-12) Request to appropriate unanticipated revenue in the amount of $282,282 from Emergency Management Performance Grant and establish fixed asset accounts for purchase of equipment (Fiscal Impact: $282,282; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR- CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS HUMAN SERVICES CA-13) Unusual travel request for Accountant III, Martha Garcia, to participate in the Federal Office of Management and Budget Training in San Francisco, California, from April 2 through April 5, 2012, in an amount not to exceed $2,972 (Fiscal Impact: $2,972; $2,651 Federal/State; $321 County; Budgeted; Discretionary) - APPROVED KERN MEDICAL CENTER CA-14) CA-15) Proposed Contract Supplement No. 1-18MLCA to Agreement , with McKesson Technologies Inc., an independent contractor, for upgrade of the CareBridge Services Communication Line from February 29, 2012 through February 28, 2013, in an amount not to exceed $58,500 (Fiscal Impact: $58,500 [FY $38,750]; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT Proposed revisions to Rules and Regulations of the Medical Staff of Kern Medical Center to conform to student documentation rules for teaching physicians promulgated by Centers for Medicare and Medicaid Services (Fiscal Impact: None) - APPROVED MENTAL HEALTH SERVICES CA-16) Proposed Amendment No. 1 to Agreement with Ebony Counseling Center, Inc., for substance abuse treatment, to increase service levels and maximum compensation by $84,330, for a new total not to exceed amount of $775,460 (Fiscal Impact: $84,330; Offender Treatment Program/AB109; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

5 Summary of Proceedings Page 5 CA-17) Proposed Amendment No. 1 to Agreement with Gail Ezra Cary to increase maximum compensation by $1,500, due to increase in certification review hearings, for a new total not to exceed amount of $16,700 (Fiscal Impact: $1,500; Realignment; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-18) Proposed Amendment No. 1 to Agreement with Therese M. Foley to increase maximum compensation by $3,800, due to increase in certification review hearings, for a new total not to exceed amount of $13,800 (Fiscal Impact: $3,800; Realignment; Budgeted; Mandated) CA-19) Proposed Amendment No. 1 to Agreement with Westcare California, Inc., for outpatient and residential substance abuse treatment services, to increase service levels and maximum compensation by $155,519, for a new total not to exceed amount of $241,168 (Fiscal Impact: $155,519; Parolee Services Network/AB109; Budgeted; Mandated) PARKS AND RECREATION DEPARTMENT CA-20) Proposed Agreement with State of California Department of Housing and Community Development for park improvements at Rosamond Park from the date of State's approval to September 30, 2016 (Fiscal Impact: $124,975 Revenue; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED PARKS AND RECREATION DIRECTOR TO SIGN PERSONNEL CA-21) Classification of positions recommended by Civil Service Commission effective March 10, 2012 (Fiscal Impact: None) - APPROVED; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE PUBLIC DEFENDER CA-22) Request to employ retired County employee, Bryan Freeland, as a Public Defender Investigator, Step A, for a period not to exceed 120 days or 960 hours, whichever is greater, in the 12-month period following date of employment (Fiscal Impact: $17,900; Budgeted; Discretionary) - APPROVED

6 Summary of Proceedings Page 6 PUBLIC HEALTH SERVICES CA-23) Proposed retroactive Amendment No. 1 to Agreement with Greater Bakersfield Legal Assistance, Inc., (GBLA) for a reduction in communication, social marketing, and production services effective November 1, 2011 and a decrease in compensation in the amount of $33,000, for a new total not to exceed amount of $30,000 (Fiscal Impact: $33,000 Decreased Revenue; GBLA Grant; Budgeted; Discretionary) CA-24) CA-25) CA-26) Proposed retroactive Amendment No. 1 to Agreement with the Kern County Children and Families Commission for the Medically Vulnerable Care Coordination Project Care Coordinator to extend term through June 30, 2012 and increase compensation by $7,311, for a new total not to exceed amount of $37,311 (Fiscal Impact: $7,311 Revenue; First 5; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT Request to reduce appropriations for unrealized revenue from Ryan White and Transitional Case Management programs, in the amount of $1,471,684 (Fiscal Impact: $1,471,684 Decrease; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS Notification of retroactive Agreement with Washoe County Health District to promote volunteer disaster response in collaboration with the Kern County Library, effective March 1, 2012 (Fiscal Impact: None) - RECEIVED AND FILED 27) Proposed addition of two (2) Public Health Aide I/II positions in Budget Unit 4110, effective February 28, 2012 for Black Infant Health program (Fiscal Impact: $49,833; Federal Allocation; Not Budgeted; Discretionary) - APPROVED; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE 28) Request to transfer $429,818 from Appropriations for Contingencies and seek direction regarding options to address delayed payment from the State for the California Children Services (CCS) program (Fiscal Impact: $429,818; Budgeted; Mandated) - CONTINUED TO TUESDAY, MARCH 13, 2012, AT 9:00 A.M. Goh-McQuiston: 4 Ayes; 1 Absent - Watson PUBLIC HEALTH SERVICES Animal Control Division 29) Proposed Ordinances amending Kern County Ordinance Code Sections 7.08, , , and 2.152, clarifying certain animal regulations and responsibility of the Animal Control Commission (Fiscal Impact: None) - MICHAEL YRACEBURN, CHAIRMAN, ANIMAL CONTROL COMMISSION, AND LIZ KEOGH, HEARD; WAIVED READING; INTRODUCED ORDINANCES Goh-McQuiston: 4 Ayes; 1 Absent - Watson

7 Summary of Proceedings Page 7 PUBLIC HEALTH SERVICES Emergency Medical Services Division CA-30) Proposed Amendment No. 3 to Agreement with the Hospital Association of Southern California for software licenses and support services to extend through February 28, 2013 and increase compensation by $44,690, for a new total not to exceed amount of $118,741 (Fiscal Impact: $44,690; State Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT SHERIFF CA-31) CA-32) CA-33) CA-34) Request to establish a major maintenance project to install a security fence at the Sheriff's Inyokern Substation in the amount of $23,461 (Fiscal Impact: $23,461; $11,731 General Fund; $11,730 State Grant; Not Budgeted; Discretionary) - APPROVED Proposed Agreement with Kern County Racing Association DBA: Famoso Raceway for law enforcement services at the 2012 March Meets event from March 1 through March 4, 2012, in an amount not to exceed $9,675 (Fiscal Impact $9,675 Revenue; Not Budgeted; Discretionary) Unusual travel request for Sheriff's Sergeant William Starr to attend the Sergeants' Supervisory Course with the Golden West College Criminal Justice Center in Huntington Beach, California, from March 11 through March 23, 2012 in an amount not to exceed $3,077 (Fiscal Impact: $3,077; Budgeted; Discretionary) - APPROVED Proposed retroactive Agreement with the State of California Department of Corrections and Rehabilitation (State Agreement No ) for Incustody Drug Treatment Program (ICDTP) services from July 1, 2011 through June 30, 2014, in an amount not to exceed $10,198, (Fiscal Impact: Estimated Revenue $3,405,849.60; Budgeted; Discretionary) 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.)

8 Summary of Proceedings Page 8 COUNTY ADMINISTRATIVE OFFICE 35) 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, Service Employees International Union Local 521, Union of American Physicians and Dentists (Government Code Section ) - 36) Request for Closed Session regarding public employee performance evaluation - Title: County Counsel (Government Code Section 54957) - WITHDRAWN 37) Request for Closed Session regarding public employee performance evaluation - Title: Public Defender (Government Code Section 54957) - 38) Request for Closed Session regarding public employee performance evaluation - Title: County Administrative Officer (Government Code Section 54957) - COUNTY COUNSEL 39) Request for Closed Session regarding a lawsuit entitled County of Kern v. Comnetix, Inc., et al., United States District Court No. 1:11-cv AWI- SMS (Government Code Section (a)) - 40) 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 41) Request for Closed Session regarding a lawsuit entitled Community Recycling & Resource Recovery, Inc., et al. v. County of Kern, Kern County Superior Court Case No. S-1500-CV EB (Government Code Section (a)) - RECONVENED FROM CLOSED SESSION; RECESSED TO 2:00 P.M. Maggard-Goh /s/ Kathleen Krause Clerk of the Board /s/ Zack Scrivner Chairman, Board of Supervisors