SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, November 15, :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 Watson). BOARD RECONVENED Supervisors: McQuiston, Scrivner, Maggard, Watson, Goh ROLL CALL: All Present SALUTE TO FLAG - Led by Lito Morillo, Interim Director, Aging and Adult Services Department 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 MONDAY, NOVEMBER 14, 2011 AT 2:00 P.M. AT KERN MEDICAL CENTER, ITEM NO. 14 Item No. 14 concerning a request for Closed Session regarding public employee performance evaluation - Title: Kern Medical Center Chief Executive Officer (Government Code Section 54957) - CONTINUED TO IMMEDIATELY FOLLOW THE 9:00 A.M. SESSION (See Item No. 35A) - RESOLUTIONS/PROCLAMATIONS 1) Proclamation proclaiming November 17, 2011 as American Cancer Society s 36th Great American Smokeout Day in Kern County - PROCLAIMED; MADE PRESENTATION TO CASSIE DERAS-COKER, COMMUNITY MISSION DIRECTOR, AMERICAN CANCER SOCIETY (ACS) WHO INTRODUCED ACS VOLUNTEER DEBORAH LEARY AND ENVIRONMENTAL HEALTH SERVICES REPRESENTATIVES MATTHEW CONSTANTINE, DIANA WILSON, NSELE NSUANGANI AND DONNA FENTON; CASSIE DERAS-COKER HEARD Watson-Goh: All Ayes

2 Summary of Proceedings Page 6 2) Proclamation proclaiming November 12-20, 2011 as National Hunger and Homelessness Awareness Week in Kern County - PROCLAIMED; MADE PRESENTATION TO CARLOS BALDOVINOS, EXECUTIVE DIRECTOR, BAKERSFIELD RESCUE MISSION WHO INTRODUCED STEVE PETERSON, DIRECTOR OF PROGRAMS AND TIM CALAHAN, DIRECTOR OF COMMUNITY RELATIONS, BAKERSFIELD RESCUE MISSION; CARLOS BALDOVINOS HEARD Goh-Scrivner: All Ayes APPOINTMENTS CA-3) CA-4) Appointment of Rose Mary Perez as At-large Hispanic-American Member to the Kern County AIDS Advisory Board, term to expire August 16, MADE APPOINTMENT Appointment of Sheryl Barbich as At-Large Member to the Kern County Museum Foundation Board of Trustees, term to expire November 10, MADE APPOINTMENT PUBLIC PRESENTATIONS 5) 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! LIZ KEOGH HEARD CONCERNING ANIMAL CONTROL SERVICES REQUEST FOR INFORMATION (RFI) AND DRAFT POSITION DESCRIPTION FOR DIRECTOR OF ANIMAL CONTROL MICHAEL TURNIPSEED, KERN COUNTY TAXPAYERS ASSOCIATION, HEARD CONCERNING FIRE DEPARTMENT AUDIT FOR 2009 AND 2008, AND COMPLIANCE AND ACCOUNTABILITY FOLLOW-UP REPORTING BOARD MEMBER ANNOUNCEMENTS OR REPORTS 6) 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 ISSUES RAISED UNDER PUBLIC PRESENTATIONS SUPERVISOR MAGGARD REQUESTED COUNTY ADMINISTRATIVE OFFICE BRING BACK A REPORT ON DECEMBER 6, 2011 CONCERNING ANIMAL CONTROL SERVICES REQUEST FOR INFORMATION (RFI) INCLUDING DISTRIBUTION AND POSSIBLE MODIFICATION (Continued on Page 7)

3 Summary of Proceedings Page 7 (Continued from Page 6) SUPERVISORS MAGGARD, MCQUISTON AND GOH REQUESTED CLARIFICATION ON COMPLIANCE AND ACCOUNTABILITY FOLLOW- UP REPORTING PROCESS AND ORDINANCE CODE REVISION; NANCY LAWSON, ASSISTANT COUNTY ADMINISTRATIVE OFFICER FOR BUDGET AND FINANCE HEARD SUPERVISOR SCRIVNER REQUESTED A COUNTY ADMINISTRATIVE OFFICE REPRESENTATIVE ATTEND THE NEXT ANIMAL CONTROL COMMISSION MEETING TO PROVIDE FURTHER EXPLANATION ON THE ANIMAL CONTROL SERVICES RFI AND DIRECTOR S POSITION JOB DESCRIPTION DEPARTMENTAL REQUESTS COUNTY COUNSEL Hearing 7) Hearing regarding proposed Resolution of Necessity to acquire acres adjacent to the China Grade sanitary landfill for use as buffer zone, placement of monitoring wells, drainage improvements, landfill access and potential habitat offset [portion of APN ] (Fiscal Impact: $120,400; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; REFERRED BACK TO STAFF Watson-McQuiston: All Ayes 8) Report regarding online reporting of campaign disclosure statements (Fiscal Impact: None) - ANN BARNETT, AUDITOR-CONTROLLER- COUNTY CLERK, HEARD; RECEIVED AND FILED Watson-Goh: All Ayes CA-9) Proposed repeal of Ordinance Subsection (5) of Section to Chapter of Title 10 of the Kern County Ordinance Code concerning a no stopping zone on Laura Street, Taft (Fiscal Impact: None) - WAIVED READING; INTRODUCED ORDINANCE CA-10) Proposed Ordinance adding subsection (42) to Section to Chapter of Title 10 of the Kern County Ordinance Code establishing a handicapped parking zone along the south side of Fillmore Avenue beginning one hundred twenty (120) feet west of the west gutter line extension of Tate Street, thence westerly for a distance of twenty-five (25) feet, Bakersfield (Fiscal Impact: None) - WAIVED READING; INTRODUCED ORDINANCE CA-11) Request to employ retired County employee, Margee Carvell, as an Office Services Technician, Step A, for a period not to exceed 120 working days or 960 hours, whichever is greater, in the 12-month period following date of employment (Fiscal Impact: $5,551; Budgeted; Discretionary) - APPROVED

4 Summary of Proceedings Page 8 EMPLOYERS TRAINING RESOURCE CA-12) Proposed Amendment No. 1 to Agreement with John Lopez Welding School to increase funding for occupational job training by $22,050, for a new total amount not to exceed $97,050 (Fiscal Impact: $22,505; Federal Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-13) CA-14) Proposed Agreement with West Kern Community College District for job training in criminal justice, customer service, business, early childhood education, and welding from November 15, 2011 through June 30, 2012, in an amount not to exceed $10,000 (Fiscal Impact: $10,000; Federal Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT Proposed Agreement with Dasmesh Truck Driving School for job training in commercial truck driving from November 15, 2011 through June 30, 2012, in an amount not to exceed $20,000 (Fiscal Impact: $20,000; Federal Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-15) Proposed retroactive Agreement with Kern County Superintendent of Schools to provide youth with educational, training, and employment activities including paid or unpaid work experience, community service opportunities, workforce development, life skills courses, counseling, and referrals from July 1, 2011 through June 30, 2012, in an amount not to exceed $137,567 (prior notification June 28, 2011) (Fiscal Impact: $137,567; Federal Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-16) Proposed retroactive Agreement with South Bay Workforce Investment Board for employment services for dislocated workers including retraining, on-the-job training, work experience, and other services from March 18, 2011 through March 17, 2013, in an amount not to exceed $590,938 (Fiscal Impact: $590,938; Federal Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT FIRE DEPARTMENT CA-17) Proposed Resolution for authorization to submit application for Emergency Management Performance Grant (EMPG) for Fiscal Year , in the amount of $282,282, requiring a like County match, which is budgeted (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION ; AUTHORIZED COUNTY ADMINISTRATIVE OFFICER, ASSISTANT COUNTY ADMINISTRATIVE OFFICER OR EMERGENCY SERVICES MANAGER TO SIGN ALL DOCUMENTS AS NECESSARY

5 Summary of Proceedings Page 9 HUMAN SERVICES CA-18) Request to employ retired County employee, Jeff Harp, as a Human Services Investigative Aide, Step E, for a period not to exceed 120 working days or 960 hours, whichever is greater in the 12-month period following date of employment (Fiscal Impact: $19,880; $17,733 Federal/State; $2,147 County; Budgeted; Discretionary) - APPROVED KERN MEDICAL CENTER Hearing 19) Hearing on proposed elimination of ElderLife Adult Day Health Care program (Fiscal Impact: $1,150,000 Annualized Savings [FY $670,833]; KMC Enterprise Fund; Not Budgeted; Discretionary) - OPENED HEARING; KATHY HILBERG, PROGRAM COORDINATOR, ELDERLIFE; KAREN LILY, INSTRUCTOR FOR MENTAL HEALTH NURSING AT CALIFORNIA STATE UNIVERSITY BAKERSFIELD AND NURSING STUDENTS TISIANA CLARK, LINDSAY GRAHAM AND SHERRY DEMUHALL; BRANDY MIDKIFF, SYSTEMS CHANGE ADVOCATE, INDEPENDENT LIVING CENTER OF KERN COUNTY; SHIELA BRADFORD; JOE RAIMER; MARILYN WILSON; MICHAEL ROUW; LILLIAN ALVEAR; AND LITO MORILLO, INTERIM DIRECTOR, AGING AND ADULT SERVICES DEPARTMENT, HEARD; CLOSED HEARING MOTION BY SUPERVISOR WATSON TO CONTINUE TO TUESDAY, DECEMBER 6, 2011, AT 9:00 A.M. MOTION WITHDRAWN BY SUPERVISOR WATSON APPROVED RECOMMENDATIONS INCORPORATING SOCIAL SERVICES REALIGNMENT FUNDING TO CONTINUE PROGRAM TO JANUARY 31, 2012; DIRECTED KERN MEDICAL CENTER TO TAKE ACTION TO IMPLEMENT CHANGES TO BE EFFECTIVE JANUARY 31, 2012 UNLESS STATE FUNDING EXTENDS BEYOND THAT DATE; DIRECTED KERN MEDICAL CENTER TO REPORT BACK ON TUESDAY, DECEMBER 6, 2011 AT 9:00 A.M. TO PROVIDE AN UPDATE ON PENDING THIRD-PARTY LITIGATION McQuiston-Goh: All Ayes MENTAL HEALTH SERVICES CA-20) Proposed practicum site Agreement with University of Phoenix for supervision of practicum students from November 15, 2011 to June 30, 2014 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-21) Proposed retroactive Revenue Agreement with California Department of Mental Health to operate Forensic Conditional Release Program for judicially committed clients in Kern County from July 1, 2011 through June 30, 2012, in an amount not to exceed $652,092 (Fiscal Impact: $652,092 Revenue; State; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

6 Summary of Proceedings Page 10 PROBATION CA-22) Request to appropriate unanticipated revenue in the amount of $966,300 from the Community Corrections Performance Incentive Fund to Sheriff, Probation and Mental Health Departments (Fiscal Impact: Fund 22190, $966,300; General Fund $936,240.92; Mental Health Fund $29,023.75; State Revenue; Not Budgeted; Mandated) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS CA-23) CA-24) Proposed retroactive Agreement with Bakersfield City School District for truancy prevention and truancy reduction services from August 26, 2011 to June 15, 2012, in an amount not to exceed $73,330 (Fiscal Impact: $73,330 Revenue; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT Proposed Agreement with State of California Franchise Tax Board for court ordered debt collection services, containing non-standard terms and conditions from December 1, 2011 to November 30, 2014 (Fiscal Impact: Estimated $200,000 Revenue, $30,000 Expense; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT PUBLIC HEALTH SERVICES Environmental Health Division CA-25) Request for increase of appropriations in the amount of $1,800 for shipping, handling and sales tax associated with the purchase of a Mercury Analyzer RA-915M Light Logger (Fiscal Impact: $1,800; Fees; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR- CONTROLLER TO PROCESS SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS SHERIFF 26) Proposed addition of one (1) Detentions Senior Deputy position and provide annual funding for one (1) Substance Abuse Specialist and three (3) extra-help Substance Abuse Specialists from Inmate Welfare Fund, effective November 15, 2011 (Fiscal Impact: $183,973; Inmate Welfare Fund; Not Budgeted; Discretionary) - MICHAEL ROUW HEARD; APPROVED; APPROVED USE OF INMATE WELFARE FUND BUDGET UNIT 2230 TO PROVIDE ANNUAL FUNDING FOR POSITIONS; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE Watson-Goh: All Ayes CA-27) Proposed retroactive Agreement with State of California, Commission on Peace Officer Standards and Training, for training services by Kern County Sheriff s Office, from July 1, 2011 to June 30, 2012, containing nonstandard terms and conditions (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

7 Summary of Proceedings Page 11 CA-28) CA-29) CA-30) CA-31) CA-32) Proposed retroactive Agreement with Bakersfield Professional Sports LLC, for supplemental law enforcement services during National Basketball Association Development League seasons from September 1, 2011 through September 30, 2013, in an amount not to exceed $44,090 (Fiscal Impact: Estimated $22,045 Revenue; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT Proposed Agreement with Wisdom 7 Entertainment Inc., for supplemental law enforcement services at a musical concert event on December 3, 2011 and December 10, 2011, in an amount not to exceed $2,326 (Fiscal Impact: $2,326 Revenue; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT Request to accept in-kind donation valued at $30,000 from Kern Valley Search and Rescue Unit in the form of two vehicles (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN LETTER OF APPRECIATION Application to hold parade - Rosamond Old Town Merchants - Promotion of Business District of Rosamond on December 3, 2011, in Rosamond (Fiscal Impact: None) - FOUND THAT SHERIFF HAS NOTED HIS APPROVAL ON PERMIT AND THAT EVENT WILL NOT RESULT IN UNDUE OR UNMANAGEABLE OBSTRUCTION OR HINDRANCE OF TRAFFIC ON 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 EVENTS PREVIOUSLY GRANTED PERMITS, AND THAT SHERIFF HAS FACILITIES TO PROPERLY SUPERVISE EVENT; APPROVED; AUTHORIZED CHAIRMAN TO SIGN Application to hold parade - Saint Augustine Church - Annual Our Lady of Guadalupe Procession on December 11, 2011, in Lamont (Fiscal Impact: None) - FOUND THAT SHERIFF HAS NOTED HIS APPROVAL ON PERMIT AND THAT EVENT WILL NOT RESULT IN UNDUE OR UNMANAGEABLE OBSTRUCTION OR HINDRANCE OF TRAFFIC ON 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 EVENTS PREVIOUSLY GRANTED PERMITS, AND THAT SHERIFF HAS FACILITIES TO PROPERLY SUPERVISE EVENT; APPROVED; AUTHORIZED CHAIRMAN TO SIGN ADJOURNED TO CLOSED SESSION Watson

8 Summary of Proceedings Page 12 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 33) 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 ) NO REPORTABLE ACTION TAKEN 34) Request for Closed Session regarding public employee performance evaluation - Title: Director of Libraries (Government Code Section 54957(b)) - NO REPORTABLE ACTION TAKEN 35) Request for Closed Session regarding public employee performance evaluation - Title: County Administrative Officer (Government Code Section 54957) - NO REPORTABLE ACTION TAKEN 35A) Request for Closed Session regarding public employee performance evaluation - Title: Kern Medical Center Chief Executive Officer (Government Code Section 54957) (from 11/14/2011, 2:00 P.M., Item No. 14) - NO REPORTABLE ACTION TAKEN COUNTY COUNSEL 36) Request for Closed Session regarding a lawsuit entitled Karen Pollard v. County of Kern, WCAB Case No. ADJ (Government Code Section (a)) - SEE RESULTS OF CLOSED SESSION AT THE BEGINNING OF 2:00 P.M. SESSION RECONVENED FROM CLOSED SESSION; RECESSED TO 2:00 P.M. Watson-Scrivner /s/ /s/ Kathleen Krause Clerk of the Board Mike Maggard Chairman, Board of Supervisors