SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, November 15, 2016 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 Perez 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 Couch); and Kern County Foundation, Inc. (Supervisor Couch). BOARD RECONVENED Supervisors: Gleason, Scrivner, Maggard, Couch, Perez ROLL CALL: All Present SALUTE TO FLAG - Led by Bob Lerude, Director, Kern County Parks and Recreation 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 RESOLUTIONS/PROCLAMATIONS CA-1) Resolution honoring Sheriffs Senior Deputy Karen Engel upon her retirement with 29 years of dedicated service to the County of Kern - ADOPTED RESOLUTION CA-2) Resolution honoring Sheriffs Administrative Coordinator Darby Toothman upon her retirement with 31 years of dedicated service to the County of Kern - ADOPTED RESOLUTION 3) Proclaim November 14-20, 2016 as National Apprenticeship Week in Kern County - PROCLAIMED; MADE PRESENTATION TO JOHN SPAULDING, EXECUTIVE SECRETARY, BUILDING TRADES COUNCIL IN KERN COUNTY, WHO INTRODUCED CORINNA PEREIRA, CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS, DIVISION OF APPRENTICESHIP STANDARDS; JOHN SPAULDING, CORINNA PEREIRA, AND TERESA HITCHCOCK, DIRECTOR, EMPLOYERS' TRAINING RESOURCE, HEARD
Summary of Proceedings AM Page 2 APPOINTMENTS CA-4) Reappointments of Matthew Dinius, Mike Beagle and Blake Ueki, as At-large Members to the Consolidated Central Valley Table Grape Pest and Disease Control District, terms to expire December 20, 2018 - MADE REAPPOINTMENTS CA-5) Reappointments of Linda Lancaster Oswald as Fourth District Member and Aaron Flucker as Fifth District Member to the Commission on Aging, terms to expire June 17, 2018 and August 18, 2018, respectively - MADE REAPPOINTMENTS 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! TERESA PEREZ HEARD REGARDING HER MEDI-CAL SERVICES BILLING ISSUE MARY BEDARD, KERN COUNTY REGISTRAR OF VOTERS, PROVIDED AN UPDATE TO THE BOARD ON THE COUNTY'S ADMINISTRATION OF THE NOVEMBER 8, 2016 ELECTION 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. 54954.2[a][2]) SUPERVISOR MAGGARD REQUESTED COUNTY ADMINISTRATIVE OFFICE BRING BACK A REPORT ON THE CONSIDERATION OF CHANGING THE COUNTY'S E-MAIL SERVICE PLATFORM CHAIRMAN GLEASON RECOGNIZED CITY OF BAKERSFIELD MAYOR HARVEY HALL WHO PRESENTED BOB LERUDE, DIRECTOR, PARKS AND RECREATION, WITH A KEY TO THE CITY OF BAKERSFIELD IN RECOGNITION OF MR. LERUDE'S YEARS OF SERVICE AS A MEMBER OF THE KEEP BAKERSFIELD BEAUTIFUL COMMITTEE AND PARTICIPATION IN NUMEROUS RELATED COMMUNITY SERVICE PROJECTS; BOB LERUDE HEARD DEPARTMENTAL REQUESTS AGING AND ADULT SERVICES CA-8) Proposed retroactive Agreement with California Health Advocates for the provision of Health Insurance Counseling and Advocacy Program volunteer liaison support for the Senior Medicare Patrol Program from September 1, 2016 through May 31, 2017, in an amount not to exceed $3,000 (Fiscal Impact: $3,000; Federal Revenue; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 1103-2016
Summary of Proceedings AM Page 3 ANIMAL SERVICES CA-9) Proposed Training Services Agreement with Westside Energy Services Training and Education Center, Inc., containing non-standard terms and conditions, for required shotgun qualification training for Animal Control Officers on November 20, 2016, in an amount not to exceed $3,200 (Fiscal Impact: $3,200; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 1104-2016 AUDITOR-CONTROLLER-COUNTY CLERK 10) Request approval of new classifications of Assistant Registrar of Voters and Chief Deputy Registrar of Voters; proposed addition of one Assistant Registrar of Voters and one Chief Deputy Registrar of Voters positions, in Budget Unit 1420, and the deletion of one Division Chief-Elections and one Election Program Coordinator positions, in Budget Unit 1420, effective March 1, 2017 (Fiscal Impact: $8,462 Savings FY 2016/2017; General Fund; Not Budgeted; Discretionary) - APPROVED; REFERRED TO HUMAN RESOURCES TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE Scrivner-Perez: All Ayes CA-11) Certification of Appointments for the General Election held November 8, 2016 (Fiscal Impact: None) - MADE APPOINTMENTS CA-12) Proposed increase to appropriations for contingencies for various departments from over-accrued expenditures and request to establish appropriations for contingencies for the Environmental Health Fund, Budget Unit 4135, and the Community Corrections Partnership (CCP) Community Recidivism Fund, Budget Unit 2194 (Fiscal Impact: Increase in Fund Balance Available for General Fund $357,293, Road Fund $11,876, Building Inspections $749, Human Services $22,684, Human Services Financial Aid $541,815, Aging and Adult $11,391, Recorder $60, Environmental Health $4,020, CCP Community Recidivism $32,318) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO PROCESS THE SPECIFIED BUDGETARY AND ACCOUNTING TRANSACTIONS CA-13) Proposed Resolution authorizing Treasurer-Tax Collector to effect an increase of $20,000,000 to the temporary transfer of funds on or after July 2016 to the County Fire Fund for a total amount not to exceed $60,000,000, to cover cash flow requirements for Fiscal Year 2016-2017 County Budget (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION 2016-275 CLERK OF THE BOARD CA-14) Amended Conflict of Interest Code for the Fairfax School District (Fiscal Impact: None) - APPROVED; DIRECTED STATEMENTS OF ECONOMIC INTERESTS TO CONTINUE TO BE FILED WITH THE DISTRICT SECRETARY
Summary of Proceedings AM Page 4 CA-15) Amended Conflict of Interest Code for the Lamont Elementary School District (Fiscal Impact: None) - APPROVED; DIRECTED STATEMENTS OF ECONOMIC INTERESTS TO BE FILED WITH THE DISTRICT SECRETARY CA-16) Amended Conflict of Interest Code for the North Kern Cemetery District (Fiscal Impact: None) - APPROVED CA-17) Amended Conflict of Interest Code for the Shafter Recreation and Park District (Fiscal Impact: None) - APPROVED CA-18) Amended Conflict of Interest Code for the Southern San Joaquin Municipal Utility District (Fiscal Impact: None) - APPROVED CA-19) Amended Conflict of Interest Code for the West Side Cemetery District (Fiscal Impact: None) - APPROVED COUNTY ADMINISTRATIVE OFFICE 20) Proposed Resolution approving documents and authorizing refunding of the County of Kern 2009 Certificates of Participation (Capital Improvement Projects) and issuance of the County of Kern 2016 Refunding Certificates of Participation, Series A (Fiscal Impact: $9 Million Savings; Not Budgeted; Discretionary) - APPROVED; ADOPTED RESOLUTION 2016-276; AUTHORIZED CHAIRMAN OR ANY MEMBER OF THE BOARD IN ABSENCE OF THE CHAIRMAN TO SIGN ALL FINANCING DOCUMENTS Couch-Perez: All Ayes EMPLOYERS TRAINING RESOURCE CA-21) Request for one year exemption from Kern County s Request for Proposal (RFP) process for Workforce Innovation and Opportunity Act employment and training services from July 1, 2017 through June 30, 2018 (Fiscal Impact: None) - APPROVED CA-22) Proposed retroactive Agreement with La Cooperativa Campesina De California for a Migrant and Seasonal Farmworker Temporary Housing Assistance Program from July 1, 2016 through June 30, 2017, in an amount not to exceed $75,944 (Fiscal Impact: $75,944; Federal Funding; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 1105-2016 CA-23) Proposed retroactive Amendment No. 3 to Agreement 120-2015 with Madera County Workforce Investment Corporation for the Job Driven National Emergency Grant extending the term by six months from September 30, 2016 through March 31, 2017 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 1106-2016
Summary of Proceedings AM Page 5 FIRE DEPARTMENT 24) Public hearing regarding proposed Ordinance to revise and set fees for services provided and permits issued by the Kern County Fire Department (Fiscal Impact: Estimated Annual Revenue of $230,000; Not Budgeted; Fire Fund; Discretionary) - OPENED HEARING; DENNIS FOX HEARD; CLOSED HEARING; WAIVED READING; ENACTED ORDINANCE G-8669 CA-25) Proposed Amendment No. 11 to Agreement 073-2016 with Everbridge, Inc., for emergency management services to extend term for one year through December 31, 2017 and increase funding by $92,000, for a new total amount not to exceed $833,990 (Fiscal Impact: $92,000; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 1107-2016 MENTAL HEALTH SERVICES 26) Request to employ retired County employee Shailesh Patel, M.D., waiving the 180-day waiting period to fill a critically needed position, as a contract employee to provide outpatient psychiatric services for the period expiring June 30, 2017, or 960 hours, whichever occurs first, effective November 15, 2016 (Fiscal Impact: $144,000; Realignment; Budgeted; Discretionary) - APPROVED Couch-Perez: All Ayes CA-27) Proposed retroactive Amendment No. 1 to Agreement 416-2015 with Bakersfield Behavioral Healthcare Hospital, LLC to increase compensation for inpatient psychiatric services by $60,000, for a new total amount not to exceed $240,000 (Fiscal Impact: $60,000; Realignment; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 1108-2016 PARKS AND RECREATION DEPARTMENT - Wildlife Resources Commission 28) Request for appropriation of unanticipated revenue from Wildlife Resource funds in the amount of $6,000 to plant trout at Buena Vista Aquatic Recreation Area (Fiscal Impact: $6,000; State; Budgeted; Discretionary) - DENNIS FOX HEARD; APPROVED; AUTHORIZED AUDITOR- CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS Couch-Perez: All Ayes 29) Proposed funding request from California Department of Fish and Wildlife to investigate mountain lion ecology in the Tehachapi mountains, in an amount not to exceed $1,500 (Fiscal Impact: $1,500; State; Budgeted; Discretionary) - DENNIS FOX HEARD; APPROVED Couch-Scrivner: All Ayes
Summary of Proceedings AM Page 6 PROBATION CA-30) Request approval of FY 2015-2016 AB 109 Growth Funds allocations as approved by the Community Corrections Partnership on October 26, 2016 (Fiscal Impact: $2,712,616; FY 2015-2016 AB 109 Growth; Not Budgeted; Discretionary) - APPROVED CA-31) CA-32) CA-33) Proposed Agreement with Freedom House Transitional Living to provide Sober Living Environment (SLE) services for male and female AB 109 clients from November 15, 2016 through December 31, 2018, in an amount not to exceed $334,507 (Fiscal Impact: $334,507; AB 109 Realignment; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 1109-2016 Proposed Agreement with Bakersfield Recovery Services Inc., dba Jason s Retreat, and dba Capistrano Community For Women to provide Sober Living Environment (SLE) services for male and female AB 109 clients from November 15, 2016 through December 31, 2018, in an amount not to exceed $299,931 (Fiscal Impact: $299,931; AB 109 Realignment; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 1110-2016 Proposed Agreement with Bakersfield Links To Change Recovery House to provide Sober Living Environment (SLE) services for male AB 109 clients from November 15, 2016 through December 31, 2018, in an amount not to exceed $125,874 (Fiscal Impact: $125,874; AB 109 Realignment; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 1111-2016 CA-34) Proposed Agreement with Minnie Marvels Sober Living For Women And Children to provide Sober Living Environment (SLE) services for female AB 109 clients from November 15, 2016 through December 31, 2018, in an amount not to exceed $114,238 (Fiscal Impact: $114,238; AB 109 Realignment; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 1112-2016 PUBLIC HEALTH SERVICES CA-35) Proposed retroactive Amendment No. 3 to Agreement 499-2016 with California Department of Public Health to decrease funding levels for emergency preparedness grants by $74,476, to a new total amount not to exceed $3,023,514 (Fiscal Impact: $74,476 Decrease; State Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 1113-2016
Summary of Proceedings AM Page 7 CA-36) Proposed retroactive Tuberculosis Base Award augmentation from California Department of Public Health to support tuberculosis activities, to increase award amount by $5,751, to a new total amount not to exceed $235,504 from July 1, 2016 through June 30, 2017 (Fiscal Impact: $5,751 Revenue; Federal; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 1114-2016 Perez-Couch: All Aye ADJOURNED TO CLOSED SESSION Scrivner 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 37) PUBLIC EMPLOYEE APPOINTMENT/RECRUITMENT - Title: County Counsel (Government Code Section 54957) - SEE RESULTS OF CLOSED SESSION AT BEGINNING OF 2:00 P.M. SESSION 38) PUBLIC EMPLOYEE APPOINTMENT/RECRUITMENT - Title: County Administrative Officer (Government Code Section 54957) - SEE RESULTS OF CLOSED SESSION AT BEGINNING OF 2:00 P.M. SESSION 39) 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 54957.6) - NO REPORTABLE ACTION TAKEN COUNTY COUNSEL 40) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) Name of case: D.G., a minor, et al., v County of Kern, et al., United States District Court Case Number 1:15:CV-00760-JAM-JLT - NO REPORTABLE ACTION TAKEN 41) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) Name of case: Unruh v. County of Kern, et al., Kern County Superior Court Case Number: BCV-6-102318 NFT - NO REPORTABLE ACTION TAKEN 42) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section 54956.9(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 - NO REPORTABLE ACTION TAKEN 43) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) Name of case: County of Kern, v. High Speed Rail Authority, Sacramento County Superior Court Case No. 34-2014-80001863 - NO REPORTABLE ACTION TAKEN
Summary of Proceedings AM Page 8 44) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section 54956.9(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 - NO REPORTABLE ACTION TAKEN RECONVENED FROM CLOSED SESSION; RECESSED TO 2:00 P.M. Scrivner-Perez /s/ Kathleen Krause Clerk of the Board /s/ Mick Gleason Chairman, Board of Supervisors