SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, January 12, 2016 2:00 P.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: 4 Present; 1 Absent - Perez 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 REPORT ON ACTIONS TAKEN IN CLOSED SESSION ON TUESDAY, JANUARY 12, 2016, AT 9:00 A.M. - Item No. 16 concerning a CONFERENCE WITH LABOR NEGOTIATORS - Agency designated representatives: County Administrative Officer John Nilon, and designated staff - Employee organization: Service Employees International Union, Local 521 (Government Code Section 54957.6) - WITHDRAWN Item No. 17 concerning a CONFERENCE WITH LABOR NEGOTIATORS - Agency designated representatives: County Administrative Officer John Nilon, and designated staff - Employee organization: Kern Law Enforcement Association (Government Code Section 54957.6) - HEARD; NO REPORTABLE ACTION Item No. 18 concerning PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: County Administrative Officer (Government Code Section 54957) - HEARD; NO REPORTABLE ACTION
Summary of Proceedings PM Page 2 Item No. 19 concerning a CONFERENCE WITH LABOR NEGOTIATORS - Agency designated representatives: County Counsel, Theresa Goldner, and designated staff - Unrepresented Employee: County Administrative Officer (Government Code Section 54957.6) - HEARD; NO REPORTABLE ACTION Item No. 20 concerning PUBLIC EMPLOYEE APPOINTMENT/ RECRUITMENT - Title: Director of Child Support Services (Government Code Section 54957) - HEARD; NO REPORTABLE ACTION Item No. 21 concerning a CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) Name of case: Keanu Ethan Campos v. County of Kern, et al., United States District Court Case No. 1:14-CV-01099 DAD-JLT - HEARD; NO REPORTABLE ACTION Item No. 22 concerning a CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) Name of case: Colbert v. County of Kern, et al, United States District Court Case No. 1:13-CV-01589 JLT - HEARD; NO REPORTABLE ACTION Item No. 23 concerning a CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) Name of case: Richard Cross v. County of Kern WCAB Case No. ADJ7401975 THE BOARD CONFERRED WITH COUNSEL REGARDING A WORKERS' COMPENSATION CASE FILED BY MR. CROSS FOR INJURIES ARISING OUT OF HIS EMPLOYMENT AS A FIRE BATTALION CHIEF WITH THE KERN COUNTY FIRE DEPARTMENT BY A UNANIMOUS 5-0 VOTE, THE BOARD APPROVED SETTLEMENT AUTHORITY BY WAY OF STIPULATIONS WITH REQUEST FOR AWARD IN THE SUM OF $84,467.50; AUTHORIZED THE COUNTY COUNSEL TO PRESENT THE PROPOSED SETTLEMENT TO THE WORKERS' COMPENSATION APPEALS BOARD AND TO EXECUTE ALL NECESSARY SETTLEMENT DOCUMENTS; AND AUTHORIZED THE AUDITOR- CONTROLLER TO ISSUE WARRANTS AS REQUESTED BY THE COUNTY COUNSEL Item No. 24 concerning a CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section 54956.9(d)(2)(e)(1)) Number of cases: Three (3) 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 - TWO CASES HEARD; NO REPORTABLE ACTION; ONE CASE WAS NOT HEARD Item No. 25 concerning a CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9 (d)(1)) Name of case: Christine Donaldson v. County of Kern, et al., United States District Court, Eastern District, Case No. 1:14-CV-00257 DAD JLT - HEARD; NO REPORTABLE ACTION NOTE: Supervisor Perez arrived prior to consideration of the consent agenda
Summary of Proceedings PM Page 3 PUBLIC PRESENTATIONS 1) 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! NO ONE HEARD BOARD MEMBER ANNOUNCEMENTS OR REPORTS 2) 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]) NO ONE HEARD HEARINGS PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT CA-3) Request from D.C. Duncan Family Trust by Robert G. Hogue, L.S., to change the permitted uses from Estate 1/4-acre Residential Suburban Combining to Estate 1/2-acre Residential Suburban Combining on 19,459 square feet located at the eastern terminus of Wingfoot Court and Wingfoot Place in the Stallion Springs area (S.D. #2) Specific Request: A change in zone classification from E (1/4) RS to E (1/2) RS or a more restrictive district (ZCC #19, Map #184) (Environmental Review: Special Situation, Sections 15182 and 15183; Published Tehachapi News) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED RESOLUTION 2016-011, RECOMMENDED FINDINGS, AND ENACTED ORDINANCE G-8619 APPROVING ZONE CHANGE AS REQUESTED DEPARTMENTAL REQUESTS PUBLIC WORKS DEPARTMENT - Building and Development S.D. #1 CA-4) Request for release of Laborers and Materialmen Security for Tract 7229, Units 1, 2 and 3, Norris Road LLC. (Fiscal Impact: None) - RELEASED LABORERS AND MATERIALMEN LETTER OF CREDIT NO. 7020161420 ISSUED BY TRI COUNTIES BANK IN THE AMOUNT OF $1,276,797
Summary of Proceedings PM Page 4 S.D.s #2 & #5 CA-5) Proposed Request for Proposals (RFP) for feasibility studies and preliminary design recommendations for Caliente Creek Habitat Mitigation and Groundwater Recharge Projects (Fiscal Impact: $300,000; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED PUBLIC WORKS DEPARTMENT TO DISTRIBUTE S.D.s #3 & #5 6) Public hearing to consider levying assessments and adoption of rate adjustment formula for lands subject to annexation to County Service Area No. 89 by Local Agency Formation Commission (LAFCO) Proceeding No. 1668 (Fiscal Impact: $12,160; CSA Fund; Budgeted; Mandated) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; TABULATED BALLOTS; CONFIRMED PROPER MAJORITY OF BALLOTS SUBMITTED ARE IN FAVOR OF CHARGES AND ASSESSMENTS INCLUDING ESCALATION CLAUSE; ADOPTED RESOLUTION 2016-012 AND ENACTED ORDINANCE G-8620 TO SATISFY ANNEXATION CONDITION Perez-Couch: All Ayes COUNTY ADMINISTRATIVE OFFICE 7) Proposed use of Joint Powers Authority legal structure to form a groundwater sustainability agency for the Indian Wells Valley Groundwater Basin (Fiscal Impact: None) - BRENT MCMANIGAL, LEGAL COUNSEL REPRESENTING MEADOWBROOK DAIRY AND MEADOWBROOK MUTUAL WATER COMPANY, AND PAUL NUGENT, REPRESENTING MOJAVE MUTUAL WATER COMPANY, HEARD; CONTINUED TO TUESDAY, JANUARY 26, 2016, AT 2:00 P.M. Perez-Scrivner: All Ayes CA-8) Proposed revisions to County Administrative Policy and Procedures Manual - Chapter 15, Disaster Cost Recovery Procedures for administration of the Local Emergency Relief budget unit (Fiscal Impact: None) - APPROVED CA-9) Continuation of local emergency due to drought conditions (Fiscal Impact: None) - APPROVED CA-10) Proposed Amendment No. 1 to Agreement 014-2016 with U.S. Bancorp Government Leasing and Financing, Inc., for lease financing of medical equipment for Kern Medical Center to amend Exhibit A, Escrow Agreement (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 023-2016 COUNTY ADMINISTRATIVE OFFICE - Human Resources Division CA-11) Proposed retroactive renewal of the stop-loss insurance from Sun Life Assurance Company of Canada, effective January 1, 2016, for a one-year term (Fiscal Impact: $192,212; Group Health Internal Service Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED EMPLOYEE RELATIONS OFFICER TO SIGN APPLICATION
Summary of Proceedings PM Page 5 MATTERS FOR EXECUTIVE APPROVAL CA-12) Budget Transfers - APPROVED NOS. 107 THROUGH 114 CA-13) Minutes for weeks of October 26, 2015 and November 2, 2015 - APPROVED CA-14) Miscellaneous Letters and Documents - FILED CA-15) Claims and Lawsuits Filed with and Referred by Clerk of the Board - APPROVED AND FILED ADJOURNED TO TUESDAY, JANUARY 26, 2016, AT 9:00 A.M. Perez /s/ Kathleen Krause Clerk of the Board /s/ Mick Gleason Chairman, Board of Supervisors
Summary of Proceedings PM Page 6 14) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED Clerk of the Board A) Received, certified and transmitted to Recorder for recordation as follows: 1) Parcel Map 11443 S.D. #4 Local Agency Formation Commission B) Resolution No. 15-30 in the matter of Municipal Service Review for Greenfield County Water District C) Resolution No. 15-31 in the matter of Affirm Sphere of Influence: Greenfield County Water District Public Works Department D) Recorded Easement Deed from Bakersfield City School District for curb, gutter and sidewalk on property of Horace Mann Elementary School (Document No. 0215167538) Miscellaneous E) Notice from State Fish and Game Commission re central valley salmon sport fishing (Copy to Parks and Recreation) F) Two notices from State Fish and Game Commission re ocean salmon sport fishing G) Notice from State Fish and Game Commission re Pacific halibut sport fishing H) Letter from Bobbi Womack and Mattie Padilla re Centennial Corridor (Copies to each Supervisor and CAO I) Notice from State Department of Alcoholic Beverage Control re application for alcoholic beverage license from: That s Italian, 9 Big Blue Road, Kernville; and (owner) Dibo s Enterprises, Inc., 2501 River Boulevard, Bakersfield (Copies to Environmental Health and Planning and Community Development) 15) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Jatoyn C. McKinney v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) B) Claim for Damages to Person and Property in the matter of Trayvon Culpepper v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) C) Proof of Service and Notice of Assignment to Judge for All Purposes in the matter of Committee for a Better Arvin et al. v. County of Kern et al. (Case No. BCV-15-101679) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) D) Summons and Complaint in the matter of Kern Law Enforcement Association v. County of Kern et al. (on behalf of County of Kern) (Case No. BCV-15-101761) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
Summary of Proceedings PM Page 7 E) Summons and Complaint in the matter of Kern Law Enforcement Association v. County of Kern et al. (on behalf of County of Kern Board of Supervisors) (Case No. BCV-15-101761) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) ###