SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN PUBLIC HEALTH DEPARTMENT Education Center, First Floor 1800 Mount Vernon Avenue Bakersfield, California Regular Meeting Tuesday, July 21, 2015 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 Maggard, Scrivner, and Perez); Southern California Water Committee (Supervisors Couch and Maggard); and Tobacco Funding Corporation, Kern County (Supervisors Couch and Perez). BOARD RECONVENED Supervisors: Gleason, Scrivner, Maggard, Couch, Perez ROLL CALL: All Present SALUTE TO FLAG - Led by Billy Seta, U.S. Army (Retired) 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 1) Proclaim July 25-26, 2015 as Philippine Weekend in Delano - PROCLAIMED; MADE PRESENTATION TO JAY TAMSI, PRESIDENT, DELANO PHILIPPINE WEEKEND COMMITTEE; JAY TAMSI HEARD Gleason-Scrivner: All Ayes 2) Certificate of Recognition congratulating Dick Taylor on being selected 2015 Veteran of the Year for the 34th Assembly District - MADE PRESENTATION TO DICK TAYLOR; DICK TAYLOR HEARD PUBLIC REQUESTS CA-3) Request of Tammy Burns, Local Planning Council (LPC) Coordinator, Early Childhood Council of Kern, to submit their quarterly report for the period April 1, 2015 through June 30, 2015 - RECEIVED AND FILED APPOINTMENTS CA-4) Reappointments to the South Fork Mosquito Abatement District of At-large Members Michael Daniel Morgan and Jerry England, terms to expire June 30, 2016; and Jim Alexander and Bruce A. Hafenfeld, terms to expire June 30, 2017 - MADE REAPPOINTMENTS
Summary of Proceedings AM Page 2 CA-5) Appointment of Jeremy N. Price as Second District Member to the Civil Service Commission, term to expire July 9, 2019 - MADE APPOINTMENT 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! DISTRICT ATTORNEY LISA GREEN HEARD REGARDING KERN LAW ENFORCEMENT ASSOCIATION SPECIAL AWARD TO SUPERVISING DISTRICT ATTORNEY CINDY ZIMMER ISHA MAHMOOD AND PATRICIA WRIGHT, COUNTY EMPLOYEES AND SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 521 MEMBERS, HEARD CONCERNING COUNTY EMPLOYEE SERVICES 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]) SUPERVISOR PEREZ REPORTED ON HER ATTENDANCE IN REPRESENTING THE BOARD AT THE NATIONAL ASSOCIATION OF COUNTIES (NACo) ANNUAL CONFERENCE RECENTLY HELD IN NORTH CAROLINA AGING AND ADULT SERVICES DEPARTMENTAL REQUESTS CA-8) Request to employ retired County employee Cathy Hawk as a Social Service Supervisor I, Step E, for the period expiring June 30, 2016, or 960 hours, whichever occurs first, effective August 3, 2015 (Fiscal Impact: $33,630; Budgeted; Discretionary) - APPROVED AGRICULTURE AND MEASUREMENT STANDARDS CA-9) Proposed retroactive Cooperative Agreement with California Department of Food and Agriculture, Division of Measurement Standards, for petroleum products compliance from July 1, 2015 through June 30, 2016, in an amount not to exceed $18,000 (Fiscal Impact: $18,000; State; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 530-2015
Summary of Proceedings AM Page 3 CA-10) Proposed retroactive Cooperative Agreement with California Department of Food and Agriculture, Division of Measurement Standards, for Weighmaster inspections from July 1, 2015 through June 30, 2016, in an amount not to exceed $6,720 (Fiscal Impact: $6,720 Revenue; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 531-2015 CA-11) Proposed retroactive Cooperative Agreement with California Department of Food and Agriculture for Nematode Control Program from July 1, 2015 through June 30, 2016, in an amount not to exceed $10,000 (Fiscal Impact: $10,000; State; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 532-2015 AIRPORTS CA-12) Request for authorization to submit Agreement with Federal Aviation Administration (FAA) to transfer $375,000 of entitlement funding from Kern Valley Airport to Meadows Field Airport to provide $375,000 of grant funding for Runway 30R/12L Rehabilitation Project, with a 10% County match (Fiscal Impact: $375,000 Federal Grant; $37,500 Airports Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED DIRECTOR OF AIRPORTS TO SIGN AGREEMENT SUBJECT TO APPROVAL AS TO FINAL FORM BY COUNTY COUNSEL AUDITOR-CONTROLLER-COUNTY CLERK CA-13) Request authorization to sign engagement letter pursuant to Agreement No. 458-2013 for audit services with Brown Armstrong Accountancy Corporation (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN AND AUDITOR-CONTROLLER-COUNTY CLERK TO SIGN ENGAGEMENT LETTER CA-14) Proposed calculation of Proposition 4 Appropriations Limit FY 2015-2016 by selection of the following factors: "percentage change in California per capita personal income" and "change in population within the incorporated area of the County" (Fiscal Impact: None) - ESTABLISHED TUESDAY, AUGUST 11, 2015, AT 9:00 A.M. AS THE DATE AND TIME FOR ADOPTION OF PROPOSED FACTORS FOR CALCULATIONS OF APPROPRIATIONS LIMIT FOR FY 2015-2016 NOTE: Item No. 15 was heard following Item No. 17 15) Audit of compliance and internal controls of Department of Human Services for fiscal years ended June 30, 2014 and 2013 and department s response (from 7/14/2015) (Fiscal Impact: None) - DENA MURPHY, DIRECTOR, DEPARTMENT OF HUMAN SERVICES, AND MICHAEL TURNIPSEED, KERN COUNTY TAXPAYERS ASSOCIATION, HEARD; REFERRED BACK TO STAFF Maggard-Gleason: All Ayes
Summary of Proceedings AM Page 4 CLERK OF THE BOARD CA-16) Proposed Resolution revising regular meeting dates of the Board of Supervisors for 2015 to cancel the meeting of Monday, August 10, 2015 at Kern Medical Center (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION 2015-189 COUNTY ADMINISTRATIVE OFFICE 17) Fiscal Year 2015-2016 General Fund budget discussion (Fiscal Impact: None) - HEARD PRESENTATION; DISTRICT ATTORNEY LISA GREEN HEARD COUNTY COUNSEL CA-18) Proposed Ordinance amending the name of Chapter 10.24 of Title 10 of the Kern County Ordinance Code from "Handicapped Parking" to "Handicapped or Disabled Persons Parking" (Fiscal Impact: None) - WAIVED READING; INTRODUCED ORDINANCE CA-19) Proposed Ordinance adding Subparagraphs (49) and (50) to Section 10.24.021 of Title 10 of the Kern County Ordinance Code establishing a disabled persons parking zone on East Fairview Road, beginning 68 feet west of southwest curb return with Garber Way, then west for 25 feet; and on Sunshine Avenue beginning 268 feet south of southeast curb return with Southgate Drive, then south for a distance of 25 feet, both in Bakersfield (Fiscal Impact: None) - WAIVED READING; INTRODUCED ORDINANCE CA-20) Request for retroactive approval of purchase of Sharp Interactive Display System, in the amount of $9,552 (Fiscal Impact: $9,552; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR- CONTROLLER TO MAKE NECESSARY ACCOUNTING ADJUSTMENTS IN THE COUNTY FINANCIAL SYSTEM AND ANNUAL FINANCIAL REPORT FOR FISCAL YEAR 2014-2015 CA-21) Request of Public Defender 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 NOTE: Supervisor Scrivner left the dais prior to the vote on Item No. 22 22) Response to May 5, 2015, Board request for a report regarding County options to impose fines or administrative penalties on offenders affected by Proposition 47, the Safe Neighborhoods and Schools Act (Fiscal Impact: None) - ROBERT SCALES HEARD; RECEIVED AND FILED Maggard-Gleason: 4 Ayes; 1 Absent - Scrivner
Summary of Proceedings AM Page 5 EMPLOYERS TRAINING RESOURCE CA-23) Proposed retroactive Agreement with California State University - Bakersfield Extended University Division for occupational job training in Drug and Alcohol Studies, Human Resource Management, Pharmacy Technician, Project Management, and Safety and Risk Management from July 1, 2015 through June 30, 2016, in an amount not to exceed $50,000 (Fiscal Impact: $50,000; Federal; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 533-2015 CA-24) Proposed Agreement with San Joaquin Valley College for occupational job training in medical programs and Industrial Technology from July 21, 2015 through June 30, 2016, in an amount not to exceed $50,100 (Fiscal Impact: $50,100; Federal; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 534-2015 NON AGENDA ITEM MOTION TO CONSIDER NON-AGENDA ITEM NO. 24A: MADE FINDING THAT THE NEED TO TAKE ACTION ON A NON-AGENDA MATTER OCCURRED AFTER AGENDA WAS POSTED BECAUSE THE COUNTY OF KERN HAS BEEN IMPACTED BY SEVERE WEATHER CONDITIONS THAT BEGAN ON THE AFTERNOON OF JULY 18, 2015 AND CONTINUES AS OF THIS DATE. THIS EVENT CREATED CONDITIONS THAT POSED IMMEDIATE THREAT TO LIFE, SAFETY AND PROPERTY THROUGHOUT AREAS OF THE COUNTY. THE EMERGENCY PROCLAMATION WAS MADE IN RESPONSE TO WEATHER EVENTS SO RECENT THAT IT WAS NOT POSSIBLE TO BRING THIS ISSUE TO YOUR BOARD AS A REGULAR AGENDA ITEM. IN ACCORDANCE WITH GOVERNMENT CODE SECTION 8630 AND CHAPTER 2.66 OF THE KERN COUNTY ORDINANCE CODE, THE COUNTY ADMINISTRATIVE OFFICER, IN CONSULTATION WITH THE FIRE CHIEF & DIRECTOR OF EMERGENCY SERVICES AND COUNTY COUNSEL, DETERMINED THE CONDITIONS OBSERVED MET THE CRITERIA FOR A PROCLAMATION OF LOCAL EMERGENCY. SINCE THE BOARD OF SUPERVISORS WAS NOT IN SESSION AT THE TIME, THE COUNTY ADMINISTRATIVE OFFICER SIGNED THE PROCLAMATION ON SUNDAY, JULY 19, 2015 AT 10:17 P.M. Gleason-Maggard: 4 Ayes; 1 Absent - Scrivner FIRE DEPARTMENT NOTE: Supervisor Scrivner returned to the dais prior to the vote on Item No. 24A 24A) Request for Resolution ratifying proclamation that a severe weather event and state of emergency exists within the County of Kern and request that a Gubernatorial and Presidential Disaster Declaration each be made (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION 2015-190 Perez-Scrivner: All Ayes
Summary of Proceedings AM Page 6 KERN MEDICAL CENTER CA-25) Proposed Amendment No. 4 to Rightsourcing Supplier Managed Services Agreement 1049-2008 with Comforce Technical Services, Inc., dba Rightsourcing Solutions, an independent contractor, for temporary staffing services for critical management and other hard-to-recruit positions at KMC, extending the term from December 8, 2015 through June 30, 2017, and changing pay policy from an 8 hour shift with 4 hours of overtime to a blended 12-hour rate, increasing billing rates by approximately 13.8%, and increasing the maximum payable by $9,064,000, from $33,116,445 to $42,180,445 (Fiscal Impact: $9,064,000 [FY 2015-2016 $3,275,761]; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 535-2015 26) Request for approval of negotiated Purchase Order Terms and Conditions, containing non-standard terms and conditions, with Verathon for the purchase of Glidescope blades and stylets, in an amount not to exceed $65,000 (Fiscal Impact: $65,000; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN PURCHASE ORDER TERMS AND CONDITIONS; REFERRED TO KMC TO INVESTIGATE OPTIONS FOR CONTRACTING WITH ANOTHER VENDOR TO DECREASE LIABILITY EXPOSURE TO THE COUNTY AND REPORT RESULTS TO THE BOARD Scrivner-Perez: All Ayes MENTAL HEALTH SERVICES CA-27) Unusual travel request for Heather Saporetti to attend the Project Management Professional Training in Anaheim, California from August 9 through August 13, 2015, in an amount not to exceed $2,807 (Fiscal Impact: $2,807; Realignment; Budgeted; Discretionary) - APPROVED PARKS AND RECREATION DEPARTMENT CA-28) Proposed Amendment No.1 to Agreement 184-2015 with New Life Recovery and Training Center to include Summer Construction Training Program (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 536-2015 PROBATION CA-29) Proposed retroactive Amendment No. 4 to Agreement 063-2011 with Phoenix Houses of California, Inc., to decrease mental health services at the Larry J. Rhoades Kern Crossroads Facility and decrease the contractual amount over the remaining term by $219,798 (Fiscal Impact: $219,798 Decrease; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 537-2015
Summary of Proceedings AM Page 7 RETIREMENT CA-30) Request to conduct election for Board of Retirement members (Fiscal Impact: None) - DIRECTED AUDITOR-CONTROLLER-COUNTY CLERK TO CONDUCT ELECTION SHERIFF CA-31) Proposed retroactive Agreement with Kern High School District for maintenance of adult education at the Sheriff s Lerdo detentions facilities from July 1, 2015 through June 30, 2018, in an amount not to exceed $4,950,000 (Fiscal Impact: FY 2015-2016 $1,650,000; Inmate Welfare Fund; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 538-2015 CA-32) Proposed retroactive Amendment No. 4 to Agreement 190-2011 with Trinity Services I, LLC to adjust the inmate meal price for fiscal year 2015-2016 and decrease the yearly maximum contract cost from March 29, 2015 through March 29, 2016 by $34, for a new amount not to exceed $4,017,070 (Fiscal Impact: $34 Savings; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 539-2015 CA-33) Request to accept retroactive grant from Board of State and Community Corrections, containing non-standard terms and conditions, for Residential Substance Abuse Treatment Program from July 1, 2015 through June 30, 2016, in the amount of $223,144 (Fiscal Impact: $223,144; Budgeted; Discretionary) - APPROVED; AUTHORIZED SHERIFF TO SIGN ALL DOCUMENTS AS NECESSARY, SUBJECT TO APPROVAL AS TO FORM BY COUNTY COUNSEL CA-34) Proposed Resolution to accept retroactive grant from the State of California, Department of Alcoholic Beverage Control, Grant Assistance Program, containing non-standard terms and conditions, from July 1, 2015 through June 30, 2016, in the amount of $99,996 (Fiscal Impact: $99,996; Budgeted; Discretionary) - ADOPTED RESOLUTION 2015-191; AUTHORIZED SHERIFF TO SIGN ALL DOCUMENTS AS NECESSARY, SUBJECT TO APPROVAL AS TO FORM BY COUNTY COUNSEL CA-35) Unusual travel request for Latent Print Examiner Kimberly Cook to attend the International Association for Identification s Educational Conference in Sacramento, California, from August 2 through August 8, 2015, in an amount not to exceed $2,535 (Fiscal Impact: $2,535; Budgeted; Discretionary) - APPROVED ADJOURNED TO CLOSED SESSION Scrivner
Summary of Proceedings AM Page 8 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 36) CONFERENCE WITH LABOR NEGOTIATORS - Agency designated representatives: County Administrative Officer, John Nilon, and designated staff - Employee organizations: Service Employees International Union Local 521; Kern County Fire Fighters Union; Kern County Detention Officers Association; Kern Law Enforcement; Kern County Prosecutors Association; Kern County Probation Officers Association; Kern County Sheriff s Command Association; Kern County Sheriff s Command Association II; Kern County Probation Managers Association; Service Employees International Union- Criminal Justice Unit; Committee of Interns and Residents-SEIU; Service Employees International Union-Extra Help; Unrepresented employees (Government Code section 54957.6) - NO REPORTABLE ACTION TAKEN COUNTY COUNSEL 37) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section 54956.9(d)(2)(e)(1)) Number of cases: Two (2) Based upon 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 38) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section 54956.9(d)(2)(e)(3)) Number of cases: One (1) Based upon 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 - WITHDRAWN 39) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) County of Kern v. Everest National Insurance Company etc., Kern County Superior Court Case No. S-1500-CV- 280031 DRL- NO REPORTABLE ACTION TAKEN RECONVENED FROM CLOSED SESSION; RECESSED TO 2:00 P.M. Gleason-Perez /s/ Kathleen Krause Clerk of the Board /s/ David Couch Chairman, Board of Supervisors