SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, May 21, 2013 9:00 A.M. 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 Scrivner and Maggard); Community Action Partnership of Kern (Supervisor Perez); Kern County Network for Children (Supervisor Gleason); Kern Economic Development Corporation (Supervisors Scrivner, Maggard, and Perez); Southern California Water Committee (Supervisors Couch and Perez); and Tobacco Funding Corporation, Kern County (Supervisors Maggard and Scrivner). BOARD RECONVENED Supervisors: Gleason, Scrivner, Maggard, Couch, Perez ROLL CALL: 4 Present; 1 Absent - Perez SALUTE TO FLAG - Led by Nathan Kennedy, Paramedic, Hall Ambulance Service 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) Resolution honoring Elmira Williams, Department of Child Support Services, upon her retirement with 34 years of dedicated service to the County of Kern - ADOPTED RESOLUTION; MADE PRESENTATION TO ELMIRA WILLIAMS; PHYLLIS NANCE, DIRECTOR, CHILD SUPPORT SERVICES DEPARTMENT, AND ELMIRA WILLIAMS, HEARD Couch-Scrivner: 4 Ayes; 1 Absent - Perez 2) Proclaim May 2013 as Community Action Month in Kern County - PROCLAIMED; MADE PRESENTATION TO JEREMY TOBIAS, EXECUTIVE DIRECTOR, COMMUNITY ACTION PARTNERSHIP OF KERN (CAPK), WHO INTRODUCED BOARD OF DIRECTORS CHAIRMAN JIM CAMP AND BOARD MEMBER TONY MARTINEZ AND ACKNOWLEDGED CAPK STAFF PRESENT; JEREMY TOBIAS HEARD Gleason-Scrivner: 4 Ayes; 1 Absent - Perez
Summary of Proceedings Page 2 PUBLIC REQUESTS 3) Request of Kern County Library Foundation (KCLF) to address the Board concerning the Beale Memorial Library 25th Anniversary plans to be undertaken by KCLF - HEARD PRESENTATION BY CYNTHIA MEEK, CHIEF FINANCIAL OFFICER, KCLF APPOINTMENTS CA-4) Appointment of John Surface as At-large County Ambulance Association Member to the Emergency Medical Care Advisory Board, term to expire at the Pleasure of the Board - MADE APPOINTMENT CA-5) Reappointment of Christine Lollar as Third District Discretionary Member to the Early Childhood Council of Kern, term to expire June 30, 2016 - MADE REAPPOINTMENT CA-6) Reappointment of Miriam "Mimi" Audelo as Fifth District Member to the Children and Families Commission, term to expire March 31, 2015 - MADE REAPPOINTMENT PUBLIC PRESENTATIONS 7) 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 8) 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 COUCH HEARD IN APPRECIATION OF CONDOLENCES RECEIVED DURING THE PAST WEEK DEPARTMENTAL REQUESTS AGING AND ADULT SERVICES CA-9) Proposed Amendment No. 1 to Agreement 453-2012 with Richard Prado East Bakersfield Senior Center, Inc., to increase funding for Title III-C Senior Nutrition Program Services by $12,440, for a new total amount not to exceed $415,233 (Fiscal Impact: $12,440; Federal; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 281-2013
Summary of Proceedings Page 3 CA-10) Proposed Amendment No. 1 to Agreement 545-2012 with North of the River Recreation and Park District to increase funding for Title III-C Senior Nutrition Program Services by $12,927, for a new total amount not to exceed $323,909 (Fiscal Impact: $12,927; Federal; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 282-2013 CA-11) Proposed Amendment No. 1 to Agreement 546-2012 with Bakersfield Senior Center to increase funding for Title III-C Senior Nutrition Program Services by $1,756, for a new total amount not to exceed $57,756 (Fiscal Impact: $1,756; Federal; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 283-2013 CA-12) Proposed Amendment No. 1 to Agreement 447-2012 with Alzheimer s Disease Association of Kern County to increase funding for Title III-E Family Caregiver Support by $6,700, for a new total amount not to exceed $124,880 (Fiscal Impact: $6,700; Federal; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 284-2013 CA-13) Proposed Amendment No. 1 to Agreement 547-2012 with Valley Caregiver Resource Center to increase funding for Title III-E Family Caregiver Support by $6,010, for a new total amount not to exceed $28,881 (Fiscal Impact: $6,010; Federal; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 285-2013 AGRICULTURE AND MEASUREMENT STANDARDS CA-14) Audit and response to review of a United States Department of Agriculture Cooperative Agreement for Glassy-Winged Sharpshooter Area Wide Management and Treatment Program (Fiscal Impact: None) - RECEIVED AND FILED AIRPORTS CA-15) Request to employ retired County employee Peter Thomas, as a Special Projects Manager, Step E, for the period expiring June 30, 2014, or 960 hours, whichever occurs first, effective July 1, 2013 (Fiscal Impact: FY 2013-2014 $45,000; Airports Enterprise Fund; Budgeted; Discretionary) - APPROVED AUDITOR-CONTROLLER-COUNTY CLERK CA-16) Audit report of compliance and internal controls of the Probation Department for fiscal years ended June 30, 2012 and 2011 and department s response (Fiscal Impact: None) - RECEIVED AND FILED
Summary of Proceedings Page 4 COUNTY COUNSEL CA-17) Request to authorize Clerk of the Board of Supervisors to execute acknowledgement to West Kern Community College District, declining participation in 2013-2014 Tax and Revenue Anticipation Note Program, Series A, for the District (Fiscal Impact: None) - AUTHORIZED CLERK OF THE BOARD OF SUPERVISORS TO EXECUTE ACKNOWLEDGMENT DECLINING PARTICIPATION IN 2013-2014 CASH FLOW FINANCING PROGRAM DISTRICT ATTORNEY CA-18) Unusual travel request for District Attorney s Investigator Brian Canaday to attend the Investigation and Trial Prep course in Roseville, California from June 2 through June 14, 2013, in an amount not to exceed $2,200 (Fiscal Impact: $2,200; Budgeted; Mandated) - APPROVED EMPLOYERS TRAINING RESOURCE CA-19) Request to employ retired County employee Vicki Lee Davis as a Program Specialist II, Step E, for the period expiring June 30, 2014, or 960 hours, whichever occurs first, effective July 1, 2013 (Fiscal Impact: $25,383; Federal Funding; Budgeted; Discretionary) - APPROVED FIRE DEPARTMENT CA-20) Proposed establishment of Ford Motor Company as sole brand manufacturer of Fire Department truck cab and chassis (Fiscal Impact: None) - APPROVED CA-21) Proposed establishment of Phenix Truck Bodies and Equipment as sole brand manufacturer of Fire Department helitender bodies (Fiscal Impact: None) - APPROVED HUMAN SERVICES CA-22) Proposed Amendment No. 1 to Agreement 316-2012 with Foster Assessment Center & Testing Service, Inc., for CalWORKs vocational assessment and learning disabilities evaluation services, increasing maximum compensation by $45,000, for a new total amount not to exceed $445,125 (Fiscal Impact: $45,000; $44,100 Federal/State; $900 County; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 286-2013
Summary of Proceedings Page 5 CA-23) Proposed Agreement with Bethany Services for provision of computer equipment and online application access from July 1, 2013 through June 30, 2016 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 287-2013 CA-24) Proposed addition of one Database Analyst I/II and deletion of one Systems Analyst I/II positions in Budget Unit 5120, effective May 21, 2013 (Fiscal Impact: $789; $709 Federal/State; $80 County; Budgeted; Discretionary) - APPROVED; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE CA-25) Proposed Agreement with Garden Pathways, Inc., to provide family mentor services from July 1, 2013 through June 30, 2014, in an amount not to exceed $208,522 (Fiscal Impact: $208,522; $189,755 Federal/State/Realignment; $18,767 County; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 288-2013 CA-26) Proposed Amendment No. 1 to Agreement 135-2013 with Housing Authority of the County of Kern for provision of the family self-sufficiency program for CalWORKs participants and their families, extending the term for one year from June 30, 2013 through June 30, 2014, and increasing maximum compensation by $97,500, for a new total amount not to exceed $195,000 (Fiscal Impact: $97,500; $95,550 Federal/State; $1,950 County; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 289-2013 CA-27) Proposed sole source Purchase Orders with Golden Empire Transit for Human Services participants bus passes for FY 2013/2014, in an amount not to exceed $1,061,500 (Fiscal Impact: $1,061,500; $1,002,600 Federal/State/Realignment; $58,900 County; Budgeted; Mandated) - APPROVED; AUTHORIZED PURCHASING AGENT TO ISSUE PURCHASE ORDERS CA-28) Proposed Amendment No. 1 to Agreement 258-2012 with The Regents of the University of California for annual training program for county personnel, increasing compensation by $24,140 for FY 2012/2013 and extending the term through June 30, 2014, for a new total amount not to exceed $678,823 (Fiscal Impact: $24,140; Federal/State/Realignment; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 290-2013 CA-29) Proposed Agreement with Carney s Business Technology Center to provide youth computer workshops for CalWORKs youth participants from May 21, 2013 through June 30, 2013, in an amount not to exceed $153,163 (Fiscal Impact: $153,163; $150,100 Federal/State/Realignment; $3,063 County; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 291-2013
Summary of Proceedings Page 6 KERN MEDICAL CENTER CA-30) Proposed Amendment No. 2 to Agreement 289-2009 with Eugene E. Kercher, M.D., a contract employee, for services as Chief Medical Officer, extending the term for one year from June 6, 2013 through June 5, 2014, and increasing the maximum payable by $300,000, from $1,200,000 to $1,500,000, plus applicable benefits (Fiscal Impact: $332,521 [FY2012-2013 $27,000]; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 292-2013 LIBRARY CA-31) Request to accept Library Service and Technology Act (LSTA) funded California State Library "Books4U" grant valued at $10,000 (Fiscal Impact: $10,000; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED DIRECTOR OF LIBRARIES TO SIGN ALL APPLICABLE DOCUMENTS MENTAL HEALTH SERVICES CA-32) Proposed request for exemption from the Request for Proposals (RFP) process for substance abuse technical assistance services (Fiscal Impact: None) - APPROVED CA-33) Proposed request for exemption from the Request for Proposals (RFP) process for augmented and specialized board and care services (Fiscal Impact: None) - APPROVED CA-34) Proposed request for exemption from the Request for Proposals (RFP) process for Licensed Practitioners of the Healing Arts (Fiscal Impact: None) - APPROVED CA-35) Proposed request for exemption from the Request for Proposals (RFP) process for Drug Medi-Cal services (Fiscal Impact: None) - APPROVED CA-36) Proposed Amendment No. 2 to Agreement 343-2012 with Bakersfield Recovery Services, Inc., to increase service delivery levels and maximum compensation in the amount of $75,000, for a new total amount not to exceed $831,722 (Fiscal Impact: $75,000; Drug Medi-Cal; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 293-2013 CA-37) Proposed Amendment No. 1 to Memorandum of Understanding 1043-2008 with Golden Empire Affordable Housing, Inc. and the Housing Authority of the County of Kern, to incorporate previously approved loan amounts of $2,866,895 for development and construction and Capitalized Operating Subsidy Reserves of $844,100 for operation, as specified in the MHSA Application, and add Columbus Haven, LP as a partner (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 294-2013
Summary of Proceedings Page 7 CA-38) Proposed Amendment No. 1 to Agreement 418-2012 with JDT Consultants, Inc., to increase service levels and maximum compensation by $75,000, for a new total amount not to exceed $356,930 (Fiscal Impact: $75,000; Medi- Cal/Realignment; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 295-2013 CA-39) Proposed Amendment No. 1 to Agreement 762-2012 with Jackson & Coker, LocumTenens, LLC, to increase service levels and maximum compensation by $400,000, for a new total amount not to exceed $800,000 (Fiscal Impact: $400,000; Realignment; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 296-2013 PERSONNEL CA-40) Classification of positions recommended by Civil Service Commission on May 13, 2013 (Fiscal Impact: $32,748 annually to Budget Unit 1120) - APPROVED; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE PROBATION CA-41) Proposed Resolution for authorization to submit grant application for Juvenile Accountability Block Grant Program from the Board of State and Community Corrections, in the amount of $63,131 with a $6,313 County match (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION 2013-146; AUTHORIZED CHIEF PROBATION OFFICER TO SIGN ALL DOCUMENTS AS NECESSARY, SUBJECT TO APPROVAL BY COUNTY COUNSEL CA-42) Request to employ retired County employees Nancy Gomez as a Probation Supervisor, Step E; Randall Lara as a Deputy Probation Officer II, Step E; and Luis Lievanos, Juvenile Corrections Officer III, Step E, for the period expiring June 30, 2014, or 960 hours, whichever occurs first, effective July 1, 2013 (Fiscal Impact: FY 2013-2014 $81,225; Budgeted; Discretionary) - APPROVED CA-43) Request to employ retired County employee, Robin Johannsen, as a Fiscal Support Supervisor, Step E, for the period expiring June 30, 2014 or 960 hours, whichever occurs first, effective July 1, 2013 (Fiscal Impact: FY 2013-2014 $24,597; Budgeted; Discretionary) - APPROVED PUBLIC DEFENDER CA-44) Request approval of mid-year capital asset acquisition of a laser fiche scanner, in the amount not to exceed $5,900 (Fiscal Impact: $5,900; Budgeted; Discretionary) APPROVED; AUTHORIZED AUDITOR- CONTROLLER TO PROCESS SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS
Summary of Proceedings Page 8 PUBLIC HEALTH SERVICES CA-45) Request to reimburse the Black Infant Health subcontractors for travel expenses to attend State-mandated training for Direct Service Providers in Sacramento, California, from May 23 through May 24, 2013, in an amount not to exceed $2,000 (Fiscal Impact: $2,000; State; Budgeted; Mandated) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO PAY CA-46) Proposed Agreement with Arvin Union School District for the Successful Application Stipends program from July 1, 2013 through June 30, 2015, in an amount not to exceed $7,000 (Fiscal Impact: $7,000; State/Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 297-2013 CA-47) Proposed Agreement with El Tejon Unified School District for the Successful Application Stipends program from July 1, 2013 through June 30, 2015, in an amount not to exceed $1,800 (Fiscal Impact: $1,800; State/Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 298-2013 CA-48) Proposed Agreement with McFarland Unified School District for the Successful Application Stipends program from July 1, 2013 through June 30, 2015, in an amount not to exceed $4,800 (Fiscal Impact: $4,800; State/Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 299-2013 CA-49) Request to increase fiscal year 2012-2013 sole source Purchase Order with Cardinal Health for vaccines and pharmaceutical supplies by $20,001, from $99,999 to a maximum amount of $120,000 (Fiscal Impact: $20,001; General/Fees for Service; Budgeted; Discretionary) - APPROVED; AUTHORIZED PURCHASING AGENT TO INCREASE PURCHASE ORDER CA-50) Proposed Amendment No. 2 to Agreement 440-2009 with the California Department of Health Care Services for County-Based Medi-Cal Administrative Activities to add additional fiscal claiming language (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 300-2013 CA-51) Proposed retroactive Amendment No. 1 to Agreement 520-2012 with Arnold Chun, M.D., a contract employee, for services as a Medical Consultant for the California Children s Services program, to establish the hourly rate at $57.70 for service (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 301-2013
Summary of Proceedings Page 9 PUBLIC HEALTH SERVICES Emergency Medical Services Division 52) Presentation of awards recognizing Emergency Medical Services (EMS) Personnel of the Year for Emergency Medical Services Week 2013 (Fiscal Impact: None) - ACKNOWLEDGED EMS CONTRIBUTIONS; ED HILL, SENIOR COORDINATOR, EMERGENCY MEDICAL SERVICES, MADE PRESENTATIONS TO EMERGENCY MEDICAL DISPATCHER OF THE YEAR KIMBERLY DRENNAN, HALL AMBULANCE; EMERGENCY CARE NURSE OF THE YEAR DAWN SCHULTZ, RIDGECREST REGIONAL HOSPITAL; EMERGENCY MEDICAL TECHNICIAN OF THE YEAR CHRISTINA RINI, HALL AMBULANCE; PARAMEDIC OF THE YEAR NATHAN KENNEDY, HALL AMBULANCE; OUTSTANDING SERVICE IN EMS AWARD TO TIMOTHY REYNOLDS, EDWARDS AIR FORCE BASE; AND LIFETIME ACHIEVEMENT AWARD TO LES HUTCHISON, HALL AMBULANCE; ED HILL, KIMBERLY DRENNAN, DAWN SCHULTZ, CHRISTINA RINI, NATHAN KENNEDY, TIMOTHY REYNOLDS AND LES HUTCHISON, HEARD SHERIFF 53) Request for authorization to apply to the U.S. Department of Justice, Office of Community Oriented Policing Services for the 2013 COPS Hiring Program (Fiscal Impact: None) - WITHDRAWN CA-54) Proposed Resolution and retroactive request for authorization to apply for Residential Substance Abuse Treatment (RSAT) for State Prisoners Program from the Board of State and Community Corrections (Fiscal Impact: None) - ADOPTED RESOLUTION 2013-147; APPROVED; AUTHORIZED SHERIFF TO SIGN ALL DOCUMENTS AS NECESSARY, SUBJECT TO APPROVAL BY COUNTY COUNSEL CA-55) Proposed retroactive Amendment No. 1 to Agreement 691-2012 with Legal Research Associates for inmate legal assistance services extending the term for one year from May 16, 2013 through May 15, 2014, and increasing maximum compensation by $90,000, for a new total amount not to exceed $180,000 (Fiscal Impact: $90,000; Inmate Welfare Fund; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 302-2013 ADJOURNED TO CLOSED SESSION Gleason 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 COUNSEL 56) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) Jolley v. County of Kern, KCSC S- 1500-CV-276108 SPC (consolidated with) Hiler v. County of Kern, KCSC S- 1500-CV-276309 SPC - NO REPORTABLE ACTION TAKEN
Summary of Proceedings Page 10 57) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9 (d)(1)) City of Bakersfield v. Kern County, Kern County Superior Court Case No. S-1500-CV-279072 LHB - NO REPORTABLE ACTION TAKEN 58) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) City of Bakersfield v. County of Kern, et al., Kern County Superior Court Case No. S-1500-CV-279379 DRL - NO REPORTABLE ACTION TAKEN 59) CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION (Government Code Section 54956.9 (d)(2)(e)(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 (One potential case) - NO REPORTABLE ACTION TAKEN 60) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section 54956.9(d)(2),(e)(5)) (one potential case) Significant exposure to litigation in the opinion of the Board of Supervisors on the advice of legal counsel, based on a statement made by a person outside an open and public meeting on a specific matter within the responsibility of the Board of Supervisors. A record of the statement is available for public inspection - NO REPORTABLE ACTION TAKEN RECONVENED FROM CLOSED SESSION; RECESSED TO 2:00 P.M. Scrivner-Gleason /s/ Kathleen Krause Clerk of the Board /s/ Mike Maggard Chairman, Board of Supervisors