SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, November 9, 2010 9:00 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 Third District Supervisor Mike Maggard 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 REPORT ON ACTIONS TAKEN IN CLOSED SESSION ON MONDAY, NOVEMBER 8, 2010, AT 2:00 P.M. AT KERN MEDICAL CENTER Item No. 12 Regarding public employee performance evaluations Titles: DIRECTOR OF AGING AND ADULT SERVICES; AGRICULTURAL COMMISSIONER AND COUNTY SEALER OF WEIGHTS AND MEASURES; DIRECTOR OF AIRPORTS; EXECUTIVE DIRECTOR OF BOARD OF TRADE; DIRECTOR OF CHILD SUPPORT SERVICES; CLERK OF THE BOARD OF SUPERVISORS; COUNTY ADMINISTRATIVE OFFICER; COUNTY COUNSEL; DIRECTOR OF EMPLOYERS TRAINING RESOURCE; FIRE CHIEF; DIRECTOR OF HUMAN SERVICES; KERN MEDICAL CENTER CHIEF EXECUTIVE OFFICER; LIBRARY DIRECTOR; DIRECTOR OF MENTAL HEALTH SERVICES; DIRECTOR OF PARKS AND RECREATION; PUBLIC DEFENDER; DIRECTOR OF PUBLIC HEALTH SERVICES; DIRECTOR OF DEVELOPMENT SERVICES AGENCY; VETERANS SERVICE OFFICER; DIRECTOR OF WASTE MANAGEMENT (Government Code Section 54957) - CHAIRMAN WATSON ANNOUNCED THIS ITEM WAS CONTINUED TO TUESDAY, NOVEMBER 9, 2010, AT 9:00 A.M. (See Item No. 38A)
Summary of Proceedings Page 6 RESOLUTIONS/PROCLAMATIONS CA-1) Resolution honoring and commending Stephen D. Schuett for 24 years of dedicated service to Kern County and his selection as a Kern County Superior Court Judge - ADOPTED RESOLUTION 2) Proclamation proclaiming November 8-14, 2010, as Veterans Appreciation Week in Kern County - PROCLAIMED; MADE PRESENTATION CHARLES BIKAKIS, DIRECTOR OF VETERANS SERVICES, WHO INTRODUCED LEON THOMAS, WHO IN TURN INTRODUCED BAKERSFIELD HIGH SCHOOL (BHS) TEACHER KENNY HOOPER AND BHS STUDENTS DEZERAE ROSALES, AMBER ESTRADA AND VINCENT ORTIZ; CHARLES BIKAKIS, LEON THOMAS, KENNY HOOPER, DEZERAE ROSALES, AMBER ESTRADA AND VINCENT ORTIZ, HEARD Maggard-Rubio: All Ayes APPOINTMENTS CA-3) Appointment of Rajeep Brown, replacing Melissa Montgomery, as Business Representative Member, to the Workforce Investment Board, term to expire December 31, 2011 - MADE APPOINTMENT PUBLIC PRESENTATIONS 4) 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! COUNTY EMPLOYEES LINDA HIBBARD AND SONJA BENNETT HEARD REGARDING EFFECTS OF PROPOSED PAY CUTS CASSIE DERAS-COKER, COMMUNITY MISSION MANAGER, AMERICAN CANCER SOCIETY; SUSAN WIGGINS, PROGRAM MANAGER, AMERICAN LUNG ASSOCIATION; AND MATTHEW CONSTANTINE, DIRECTOR, PUBLIC HEALTH SERVICES, HEARD REGARDING AMERICAN CANCER SOCIETY GREAT AMERICAN SMOKEOUT DAY CELEBRATION ON THURSDAY, NOVEMBER 18, 2010 BOARD MEMBER ANNOUNCEMENTS OR REPORTS 5) 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. 54954.2[a]) ON BEHALF OF THE BOARD, CHAIRMAN WATSON CONGRATULATED SUPERVISOR RUBIO ON HIS ASCENSION TO THE CALIFORNIA STATE SENATE NOTE: ITEM NO. 26 WAS HEARD FOLLOWING ITEM NO. 5
Summary of Proceedings Page 7 DEPARTMENTAL REQUESTS AGRICULTURE AND MEASUREMENT STANDARDS CA-6) Request to hire retired County employee, James Brackeen, as an Agricultural/Weights and Measures Technician, 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: $13,414; Budgeted; Discretionary) - APPROVED AIRPORTS CA-7) Proposed Amendment No. 1 to six (6) Ground Leases (Kern County Agreement Nos. 112-2010, 113-2010, 114-2010, 115-2010, 116-2010 and 117-2010) with D & D Holding, LLC for Lease Sites 40E1-40E3 and 40F1-40F3 at Meadows Field, Westside, to change the purpose of the lease to allow Lessee to offer commercial aircraft services, revise insurance provision to increase limits required by Lessee and incorporate Minimum Standards for Commercial Aeronautical Activities on Kern County System Airports (Fiscal Impact: None) - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; AUTHORIZED DEPARTMENT OF AIRPORTS TO FILE NOTICE OF EXEMPTION AS APPROPRIATE; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENTS 1021-2010, 1022-2010, 1023-2010, 1024-2010, 1025-2010, AND 1026-2010 BOARD OF SUPERVISORS CA-8) Request from Supervisor McQuiston to employ retired County employee, Kathryn Stobert, as a Supervisor s Field Representative II, Step B, 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: $20,000; Not Budgeted; Discretionary) - APPROVED CHILD SUPPORT SERVICES CA-9) Report on Department of Finance audit findings for Fiscal Years 2005-06 and 2006-07 from State Department of Child Support Services resulting in a reimbursement to the State in the amount of $394,414 (Fiscal Impact: $394,414; County; Not Budgeted; Mandated) - RECEIVED AND FILED; APPROVED CANCELLATION OF DESIGNATIONS IN FUND 00183 IN THE AMOUNT OF $394,414; APPROVED APPROPRIATION OF CANCELLED DESIGNATION TO THE DEPARTMENT BUDGET UNIT 2183 IN THE AMOUNT OF $394,414; APPROVED BUDGET TRANSFER
Summary of Proceedings Page 8 CLERK OF THE BOARD CA-10) Amended Conflict of Interest Codes for East Kern Airport District, Greater Bakersfield Separation of Grade District, Tehachapi Valley Recreation and Park District, Kern County Board of Education/Superintendent of Schools Office; and Kern River Valley Cemetery District (Fiscal Impact: None) - APPROVED CA-11) Amended Conflict of Interest Code for McKittrick School District (Fiscal Impact: None) - APPROVED; DIRECTED STATEMENTS OF ECONOMIC INTERESTS TO BE FILED WITH THE SECRETARY OF THE DISTRICT COUNTY ADMINISTRATIVE OFFICE 12) Status report on Fiscal Year 2010-11 County Budget - First Quarter, request to continue Declaration of Fiscal Emergency, and response to November 2, 2010 referral regarding vacant positions (Fiscal Impact: None) - CONTINUED DECLARATION OF FISCAL EMERGENCY; DIRECTED DEPARTMENTS TO DELETE ALL VACANT POSITIONS ASSOCIATED WITH SALARY SAVINGS; AUTHORIZED COUNTY ADMINISTRATIVE OFFICE TO LIMIT PERSONNEL ACTIONS TO EMERGENCY REQUESTS Maggard-Rubio: All Ayes COUNTY ADMINISTRATIVE OFFICE General Services Division 13) Proposed selection of Waterplay Solutions as low bidder for the Mojave Spray Park Equipment and consideration of protest by Miracle Playground Sales (Fiscal Impact: $85,565; Community Development Funds; Budgeted; Discretionary) - KEVIN SPENCE, MIRACLE PLAYGROUND SALES, AND BILL MACMULLIN, REPRESENTING WATERPLAY SOLUTIONS, HEARD; DENIED PROTEST; APPROVED AWARD TO WATERPLAY SOLUTIONS; AUTHORIZED PURCHASING AGENT TO ISSUE PURCHASE ORDER Maben-Rubio: 4 Ayes; 1 No - Maggard COUNTY COUNSEL CA-14) Proposed ordinance repealing subsection (230) of Section 10.16.070 of Chapter 10.16 of Title 10 of the Kern County Ordinance Code concerning an existing no parking zone on Pegasus Drive; and proposed ordinance adding subsection (241) to Section 10.16.041 of Chapter 10.16 of Title 10 of the Kern County Ordinance Code establishing a no stopping zone along the east side of Pegasus Drive beginning one hundred fifty-five (155) feet north of the centerline extension of Mars Court, thence southerly for a distance of six hundred seventy-two (672) feet (Fiscal Impact: None) - WAIVED READING; INTRODUCED ORDINANCE
Summary of Proceedings Page 9 CA-15) Request of Kern County Water Agency to set hearing on proposed Zones of Benefit Numbers 7-12, 17-12, 18-12 and 19-12 and assessments to be levied thereon (Fiscal Impact: None) - ADOPTED RESOLUTION 2010-368 SETTING HEARING FOR TUESDAY, DECEMBER 7, 2010 AT 9:00 A.M. DISTRICT ATTORNEY 16) Retroactive request to accept grant award from the State of California, Office of Traffic Safety Program for the 2010 Alcohol-Related Traffic Fatality and Injury Vertical Prosecution Program, establish a special revenue fund, and add one (1) Paralegal position, effective November 9, 2010 (Fiscal Impact: Fiscal Years 2010-11 and 2011-12 $389,750; Grant; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED DISTRICT ATTORNEY TO SIGN AGREEMENT AND RELATED DOCUMENTS; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE Rubio-Maggard: All Ayes NOTE: ITEM NO. 29 WAS HEARD FOLLOWING ITEM NO. 16 CA-17) Request for approval of mid-year fixed asset acquisition of surveillance support equipment, in an amount not to exceed $7,000 (Fiscal Impact: $7,000; Not Budgeted; Discretionary) - APPROVED; APPROVED BUDGET TRANSFER CA-18) Proposed personal/professional services agreement with National Medical Services Lab for reference and outsourcing laboratory services, in an amount not to exceed $200,000 (Fiscal Impact: $200,000; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 1027-2010 CA-19) Proposed personal/professional services agreement containing modified master terms and conditions with Thermo Electron NA, LLC to provide service and maintenance for analysis equipment, in an amount not to exceed $3,200 (Fiscal Impact: $3,200; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 1028-2010 EMPLOYERS TRAINING RESOURCE 20) Proposed addition of three (3) Program Technician and one (1) Office Services Assistant positions and deletion of three (3) Program Specialist and one (1) Office Services Specialist positions, effective November 9, 2010 (Fiscal Impact: $40,213 Savings; Federal Funding; Budgeted; Discretionary) - APPROVED; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE Rubio-Maggard: All Ayes
Summary of Proceedings Page 10 21) Employers Training Resource quarterly report for the period July 1, 2010 through September 30, 2010 (Fiscal Impact: None) - RECEIVED AND FILED Maben-McQuiston: All Ayes CA-22) CA-23) Notification of retroactive Agreement with Proteus, Inc. for an American Recovery and Reinvestment Act Work Experience Program (Fiscal Impact: None) - RECEIVED AND FILED Appropriation of unanticipated revenue of available federal allocations from Fiscal Year 2009-10 to be carried forward to Fiscal Year 2010-11 (Fiscal Impact: $2,703,762 Revenue; Not Budgeted; Discretionary) - APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $2,703,762 IN BUDGET UNIT 5924; APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $2,703,762 AND A REDUCTION IN APPROPRIATIONS AND REVENUE IN THE AMOUNT OF $1,580,344 IN FEDERAL ETR ADMINISTRATION IN BUDGET UNIT 8907; APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $1,025,000 TO APPROPRIATIONS FOR CONTINGENCIES BUDGET UNIT 1970; APPROVED ALL RELATED BUDGET TRANSFERS FIRE DEPARTMENT 24) Proposed Transportation Plan for the Evacuation of People with Access and Functional Needs (Fiscal Impact: None) - HEARD PRESENTATION; APPROVED PLAN; RECEIVED AND FILED; REFERRED TO KERN COUNTY FIRE DEPARTMENT, OFFICE OF EMERGENCY SERVICES FOR IMPLEMENTATION McQuiston-Maggard: All Ayes HUMAN SERVICES CA-25) Request to employ retired County employee, Jeff Harp, as an Investigative Aide, Budget Unit 5120, Range 52.0, 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; $17,664 Federal/State, $2,246 County; Budgeted; Discretionary) - APPROVED MENTAL HEALTH SERVICES NOTE: ITEM NO. 26 WAS HEARD FOLLOWING ITEM NO. 5 26) Report regarding strategic plan to reduce methamphetamine use and abuse in Kern County (Fiscal Impact: None) - HEARD PRESENTATION; RECEIVED AND FILED Maben-Rubio: All Ayes
Summary of Proceedings Page 11 CA-27) Proposed Amendment No. 1 to Agreement 617-2010 with College Community Services to clarify terms related to Student Assistance Program services and to increase funding in the amount of $42,739, for a new total not to exceed amount of $5,611,052 (Fiscal Impact: $42,739 Increase; MHSA; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 1029-2010 CA-28) Proposed Amendment No. 1 to Agreement 493-2010 with Crestwood Behavioral Health, Inc., with Lanterman-Petris-Short designation confirmation, to increase services and maximum compensation in the amount of $1,200,000, for a new total not to exceed amount of $4,395,464 (Fiscal Impact: $1,200,000 Increase; Realignment; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 1030-2010 PUBLIC HEALTH SERVICES NOTE: ITEM NO. 29 WAS HEARD FOLLOWING ITEM NO. 16 29) Presentation of the Kern County Call To Action addressing Chronic Disease and Obesity (Fiscal Impact: None) - HEARD PRESENTATION; DR. KEVIN SILVERBERG AND TIM TERRIO, HEARD; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE Rubio-Maggard: All Ayes CA-30) Request to appropriate unanticipated revenue in the amount of $56,456 from donations from the California Endowment, Pacific Care and Kern Health Systems for nurse education, community outreach and community pertussis clinics (Fiscal Impact: $56,456 Donations; Not Budgeted; Discretionary) - APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $56,456 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER IN THE AMOUNT OF $56,456 FROM APPROPRIATIONS FOR CONTINGENCIES TO BUDGET UNIT 4110 CA-31) Proposed retroactive Agreement with Richland Unified School District for Successful Application Stipends Program services from July 1, 2010 through June 30, 2013, in an amount not to exceed $18,000 (prior notification June 29, 2010) (Fiscal Impact: $18,000 (FY 2010-11 $6,000); State; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 1031-2010 CA-32) Proposed retroactive Agreement with California Department of Public Health for AIDS Program services from July 1, 2010 through June 30, 2013, in an amount not to exceed $3,241,176 (prior notification June 29, 2010) (Fiscal Impact: $3,241,176 (FY 2010-11 $1,103,254) Revenue; State; Not Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 1032-2010; APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $144,918 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER IN THE AMOUNT OF $144,918 FROM APPROPRIATIONS FOR CONTINGENCIES TO BUDGET UNIT 4110
Summary of Proceedings Page 12 PUBLIC HEALTH SERVICES Animal Control Division CA-33) Proposed Resolution authorizing Holiday Closure of Kern County Animal Control Shelters and Offices on Saturday, December 25, 2010, and Saturday January 1, 2011 (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION 2010-369 SHERIFF CA-34) Request for authorization for the Kern County Sheriff s Office to sell duty weapon valued at less than $500 (Fiscal Impact: $250; Revenue to County) - MADE FINDING THAT WEAPON LISTED IS VALUED AT LESS THAN $500 AND AUTHORIZED SALE CA-35) Request for approval of mid-year fixed asset acquisition of disk based backup system, in an amount not to exceed $27,236 (Fiscal Impact: $27,236; Not Budgeted; Discretionary) - APPROVED; APPROVED BUDGET TRANSFER CA-36) Application to hold a parade - Rosamond Old Town Merchants - Promotion of Business District of Rosamond - on December 4, 2010, in Rosamond, California - FOUND THAT SHERIFF HAS NOTED HIS APPROVAL ON THE PERMIT AND THAT THE PARADE WILL NOT RESULT IN 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 SHERIFF HAS FACILITIES TO PROPERLY SUPERVISE THE PARADE; APPROVED PERMIT; AUTHORIZED CHAIRMAN TO SIGN TREASURER-TAX COLLECTOR CA-37) Notice of Intent to sell tax-defaulted property subject to the power of sale (Fiscal Impact: Estimated Tax-Revenue Recovery: $3.1 Million) - APPROVED; ADOPTED RESOLUTION 2010-370 ADJOURNED TO CLOSED SESSION Rubio
Summary of Proceedings Page 13 CLOSED SESSION (If public reporting is required by Government Code Section 54957.1 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 38) 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 54957.6) NO REPORTABLE ACTION TAKEN 38A) Request for Closed Session regarding public employee performance evaluations - Titles: DIRECTOR OF AGING AND ADULT SERVICES; AGRICULTURAL COMMISSIONER AND COUNTY SEALER OF WEIGHTS AND MEASURES; DIRECTOR OF AIRPORTS; EXECUTIVE DIRECTOR OF BOARD OF TRADE; DIRECTOR OF CHILD SUPPORT SERVICES; CLERK OF THE BOARD OF SUPERVISORS; COUNTY ADMINISTRATIVE OFFICER; COUNTY COUNSEL; DIRECTOR OF EMPLOYERS TRAINING RESOURCE; FIRE CHIEF; DIRECTOR OF HUMAN SERVICES; KERN MEDICAL CENTER CHIEF EXECUTIVE OFFICER; LIBRARY DIRECTOR; DIRECTOR OF MENTAL HEALTH SERVICES; DIRECTOR OF PARKS AND RECREATION; PUBLIC DEFENDER; DIRECTOR OF PUBLIC HEALTH SERVICES; DIRECTOR OF DEVELOPMENT SERVICES AGENCY; VETERANS SERVICE OFFICER; DIRECTOR OF WASTE MANAGEMENT (Government Code Section 54957) (from 11/8/2010 Item No. 12) NO REPORTABLE ACTION TAKEN COUNTY COUNSEL 39) Request for Closed Session regarding a lawsuit entitled Ross v. County of Kern, et al., Kern County Superior Court Case No. 259857 DRL (Government Code Section 54956.9(a)) NO REPORTABLE ACTION TAKEN 40) Request for Closed Session regarding a lawsuit entitled Lopez v. County of Kern, et al., United States District Court 07-0474 DLB (Government Code Section 54956.9(a)) NO REPORTABLE ACTION TAKEN RECONVENED FROM CLOSED SESSION; RECESSED TO 2:00 P.M. Rubio-Maggard /s/ /s/ Kathleen Krause Clerk of the Board Ray Watson Chairman, Board of Supervisors