SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, November 1, 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: All Present 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 Item No. 24 concerning a 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 Detention Officers Association; Kern County Fire Fighters Union; Kern County Prosecutors Association; Kern County Probation Managers Association; Kern County Probation Officers Association; Kern County Sheriff s Command Association; Kern County Sheriff s Command Association II; Kern Law Enforcement Association; Unrepresented Employees (Government Code Section 54957.6) - HEARD; NO REPORTABLE ACTION Item No. 25 concerning PUBLIC EMPLOYEE APPOINTMENT/RECRUITMENT - Title: County Administrative Officer (Government Code Section 54957) - HEARD; CONTINUED TO IMMEDIATELY FOLLOW THE 2:00 P.M. SESSION (See Item No. 28) Item No. 26 concerning PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: Fire Chief (Government Code Section 54957) - HEARD; NO REPORTABLE ACTION
Summary of Proceedings PM Page 2 Item No. 27 concerning a CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) Name of case: Luna v. County of Kern, et al., United States District Court (Eastern) Case Number 1:16-CV-00568 DAD JLT - HEARD; NO REPORTABLE ACTION Item No. 28 concerning a CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section 54956.9(d)(2)(e)(1)) Number of cases: Two (2) 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 - HEARD ONE CASE, NO REPORTABLE ACTION; HEARD SECOND CASE, CONTINUED TO IMMEDIATELY FOLLOW THE 2:00 P.M. SESSION (See Item No. 29) 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]) SUPERVISOR MAGGARD REQUESTED COUNTY ADMINISTRATIVE OFFICE BRING BACK RECOMMENDATIONS ON WHETHER THE COUNTY SHOULD CONSIDER THE FORMATION OF A HISTORICAL AND RECORDS COMMISSION RELATED TO ADVOCACY AND AWARENESS OF HISTORICAL BUILDINGS IN THE COMMUNITY FIRE DEPARTMENT DEPARTMENTAL REQUESTS 3) Request for authorization to accept Staffing for Adequate Fire and Emergency Response (SAFER) grant to fund 18 firefighter positions in the total amount of $4,411,872 (Fiscal Impact: $4,411,872: Federal Funding; Not Budgeted; Discretionary) - MICHAEL TURNIPSEED, KERN COUNTY TAXPAYERS ASSOCIATION, HEARD; APPROVED
Summary of Proceedings PM Page 3 PLANNING AND NATURAL RESOURCES DEPARTMENT S.D. #5 CA-4) Proposed Request for Release of Funds (RROF) and Environmental Clearance Certification for Community Development Project No. 29.15.1, Housing Authority of Kern County - Sunset Labor Camp Improvements, in Lamont (Fiscal Impact: $37,000; Federal Aid; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO EXECUTE RROF AND CERTIFICATION, PURSUANT TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) APPLICABLE REGULATIONS; AUTHORIZED DIRECTOR OF PLANNING AND NATURAL RESOURCES DEPARTMENT TO SUBMIT RROF AND CERTIFICATION TO HUD All S.D.s CA-5) Proposed Amendment No. 2 to Consulting Agreement 551-2010 with SWCA Environmental Consultants for increased scope of work and additional costs for professional services and assistance with the preparation of an Environmental Impact Report (EIR), for Solari Sand and Gravel Project by Granite Construction, in the amount of $39,109 for a new total amount not to exceed $255,847 (Fiscal Impact: $39,109; Applicant Funds; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 1094-2016 PUBLIC WORKS DEPARTMENT - Administration and Engineering CA-6) CA-7) S.D. #1 Contract No. 16012, Plans, Specifications and Notice to Contractors for traffic signal on Merle Haggard Drive at McCray Street, Bakersfield (Fiscal Impact: $225,912; Congestion Mitigation and Air Quality Program Funds; Budgeted; Discretionary) - MADE FINDING THAT PROJECT IS CATEGORICALLY EXEMPT FROM FURTHER CEQA REVIEW PER SECTION 15301(c) OF STATE CEQA GUIDELINES; APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED PUBLIC WORKS DEPARTMENT TO PUBLISH NOTICE TO CONTRACTORS IN A NEWSPAPER OF GENERAL CIRCULATION PURSUANT TO SECTION 20392 OF PUBLIC CONTRACT CODE; BID OPENING TO BE WEDNESDAY, NOVEMBER 30, 2016, AT 11:00 A.M. S.D.s #1 & #2 Contract No. 17002, identify apparent low, responsive and responsible bid of James E. Thompson, Inc., dba JTS Construction, for the diversion area loading dock expansion at the Bena Landfill, in an amount not to exceed $137,500 (Fiscal Impact: $137,500; Solid Waste Enterprise Fund - Capital Projects; Budgeted; Discretionary) - IDENTIFIED APPARENT LOW, RESPONSIVE AND RESPONSIBLE BID; AUTHORIZED PUBLIC WORKS TO PREPARE CONTRACT DOCUMENTS AND RELEASE ALL OTHER BID GUARANTEES
Summary of Proceedings PM Page 4 CA-8) S.D. #2 Proposed Rosamond/Willow Springs Transportation Impact Fee program, reconciliation of account and facilities list and request to set public hearing (Fiscal Impact: None) - SET HEARING FOR TUESDAY, DECEMBER 13, 2016, AT 2:00 P.M.; DIRECTED CLERK OF THE BOARD TO PUBLISH NOTICE IN ACCORDANCE WITH SECTION 66002 OF THE CALIFORNIA GOVERNMENT CODE CA-9) Proposed Tehachapi Core and Non-Core Transportation Impact Fee program, reconciliation of account and facilities list and request to set public hearing (Fiscal Impact: None) - SET HEARING FOR TUESDAY, DECEMBER 13, 2016, AT 2:00 P.M.; DIRECTED CLERK OF THE BOARD TO PUBLISH NOTICE IN ACCORDANCE WITH SECTION 66002 OF THE CALIFORNIA GOVERNMENT CODE S.D. #3 CA-10) Proposed offer to purchase sidewalk easement from Randy Priest and Mary Ann Hollobaugh, providing approximately 136 square feet of their property for the improvement of Warren Avenue, Bakersfield, in an amount not to exceed $500 (Fiscal Impact: $500; Road Fund; Budgeted; Discretionary) - ACCEPTED OFFER; AUTHORIZED AUDITOR- CONTROLLER TO PAY CA-11) CA-12) CA-13) Proposed offer to purchase sidewalk easement from Rachel S. Wolfe and Neil D. Wolfe, providing approximately 59 square feet of their property for the improvement of Woodrow Avenue, Bakersfield, in an amount not to exceed $500 (Fiscal Impact: $500; Road Fund; Budgeted; Discretionary) - ACCEPTED OFFER; AUTHORIZED AUDITOR-CONTROLLER TO PAY Proposed offer to purchase sidewalk easement from Todd M. Brown, et al., providing approximately 84 square feet of their property for the improvement of Belle Avenue, Bakersfield, in an amount not to exceed $500 (Fiscal Impact: $500; Road Fund; Budgeted; Discretionary) - ACCEPTED OFFER; AUTHORIZED AUDITOR-CONTROLLER TO PAY Contract No. 17003, Plans, Specifications and Notice to Contractors for masonry block retaining walls and landscape improvements on Oswell Street from College Avenue to Kent Drive, Bakersfield (Fiscal Impact: $429,737; Road Fund; Budgeted; Discretionary) - MADE FINDING THAT PROJECT IS CATEGORICALLY EXEMPT FROM FURTHER CEQA REVIEW, PER SECTION 15301(c) OF STATE CEQA GUIDELINES; APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED PUBLIC WORKS DEPARTMENT TO PUBLISH NOTICE TO CONTRACTORS IN A NEWSPAPER OF GENERAL CIRCULATION, PURSUANT TO SECTION 20392 OF PUBLIC CONTRACT CODE; BID OPENING TO BE WEDNESDAY, NOVEMBER 30, 2016, AT 11:00 A.M.
Summary of Proceedings PM Page 5 All S.D.s 14) Proposed Agreement with National Express Transit for operation of a public transit system from January 1, 2017 to June 30, 2021, in an amount not to exceed $21,724,689 (Fiscal Impact: $21,724,689; Kern Regional Transit Fund; Budgeted; Discretionary) - DON SWAIN, REPRESENTING FIRST TRANSIT, HEARD; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 1095-2016 Maggard-Scrivner: All Ayes CA-15) Proposed Metropolitan Bakersfield Core and Non-Core Transportation Impact Fee program, reconciliation of account and facilities list and request to set public hearing (Fiscal Impact: None) - SET HEARING FOR TUESDAY, DECEMBER 13, 2016, AT 2:00 P.M.; DIRECTED CLERK OF THE BOARD TO PUBLISH NOTICE IN ACCORDANCE WITH SECTION 66002 OF THE CALIFORNIA GOVERNMENT CODE PUBLIC WORKS DEPARTMENT - Finance CA-16) S.D. #3 Request for cancellation of designation in the Non-Core Area Bakersfield Transportation Impact Fund 24089 and approval to increase appropriations for accounting correction of Metro Bakersfield Transportation Impact Fees (Fiscal Impact: $68,946; Non-Core Area Metro Bakersfield Transportation Impact Fee Fund; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS PUBLIC WORKS DEPARTMENT - Operations and Maintenance S.D. #1 & #2 17) Consideration of Request for Consent to Assign Franchise Agreement 874-2000 and its subsequent amendments between Benz Sanitation, Inc. and the County of Kern, to USA Waste of California and any related requests for extension of time (Fiscal Impact: None) - MARC EMPEY, LEGAL COUNSEL REPRESENTING USA WASTE OF CALIFORNIA; DOUG CORCORAN, WASTE MANAGEMENT; RICHARD MONJE, LEGAL COUNSEL REPRESENTING RURAL HAULERS; BERNIE LEBEAU, LEGAL COUNSEL REPRESENTING ZONE TWO HAULERS IN METRO BAKERSFIELD AREA; JACOB PANERO, CHIEF EXECUTIVE OFFICER, VARNER BROTHERS; GARTH STEVENS, LEGAL COUNSEL REPRESENTING BENZ SANITATION; JOHN MARTIN; PAUL JACOB BENZ, REPRESENTING BENZ SANITATION; AND CONSTANCE HORNIG, LEGAL COUNSEL CONSULTANT, HEARD; RECEIVED AND FILED REPORT; DIRECTED PUBLIC WORKS TO REPORT BACK ON STATUS OF BENZ SANITATION AUDIT; DIRECTED COUNTY COUNSEL TO REPORT BACK ON STATUS OF CAL RECYCLE LITIGATION INVOLVING USA WASTE OF CALIFORNIA; CONTINUED TO TUESDAY, DECEMBER 20, 2016, AT 2:00 P.M. Couch-Scrivner: All Ayes
Summary of Proceedings PM Page 6 COUNTY ADMINISTRATIVE OFFICE CA-18) Proposed contribution to Kern County Superintendent of Schools for Bridges Academy art program in the amount of $2,500 (Fiscal Impact: $2,500; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR- CONTROLLER TO PAY CA-19) Proposed contribution to Bakersfield High School for Ceramics Art Program in the amount of $2,500 (Fiscal Impact: $2,500; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PAY CA-20) Proposed contribution to Mira Monte High School Pride Foundation for program and services for students in the amount of $5,000 (Fiscal Impact: $5,000; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR- CONTROLLER TO PAY Legislative Matter CA-21) Proposed Resolution urging Department of Defense and Congress to waive requirement for National Guard soldiers to repay re-enlistment incentives (Fiscal Impact: None) - ADOPTED RESOLUTION 2016-268; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE COUNTY ADMINISTRATIVE OFFICE - General Services Division All S.D.s CA-22) Request for authorization to participate in Ford Fleet Care Program for purchases of equipment using loyalty rewards credits (Fiscal Impact: None) - APPROVED CA-23) Request for approval to authorize Purchasing Agent to issue purchase orders against listed contractual services price agreements throughout indicated terms in amounts exceeding $100,000 (Fiscal Impact: None) - APPROVED MATTERS FOR EXECUTIVE APPROVAL CA-24) Budget Transfers APPROVED NOS. 028 THROUGH 029 CA-25) CA-26) Minutes for week of September 19, 2016 - APPROVED Miscellaneous Letters and Documents - FILED CA-27) Claims and Lawsuits Filed with and Referred by Clerk of the Board - APPROVED AND FILED
Summary of Proceedings PM Page 7 ADJOURNED TO CLOSED SESSION Couch 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 28) PUBLIC EMPLOYEE APPOINTMENT/RECRUITMENT - Title: County Administrative Officer (Government Code Section 54957) (from 9:00 a.m. session, Item No. 25) COUNTY COUNSEL 29) 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 (from 9:00 a.m. session, Item No. 28) RECONVENED FROM CLOSED SESSION; ADJOURNED TO TUESDAY, NOVEMBER 8, 2016 AT 9:00 A.M. Perez-Maggard /s/ Kathleen Krause Clerk of the Board /s/ Mick Gleason Chairman, Board of Supervisors
Summary of Proceedings PM Page 8 26) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED Planning and Natural Resouces A) Recorded Notice of Nonrenewal Land Use Contract or Agreement, for Agricultural Preserve No. 10, from Adolph Sandrini et al. (Document No. 0216130599) Public Works B) Recorded Irrevocable Offer to Dedicate Real Property for Public Purposes, to wit, for Public Highway, from Immodo California 2 LLC, for an easement for ingress, egress, and road purposes on portions of Garces Highway (County Road #57) (Document No. 0216128146) C) Recorded Irrevocable Offer to Dedicate Real Property for Public Purposes, to wit, for Public Highway, from Immodo California 2 LLC, for an easement for ingress, egress, and road purposes on portions of Garces Highway (County Road #57) (Document No. 0216128147) D) Recorded Public Access Easement, from Immodo California 2 LLC, for an easement for ingress, egress, and road purposes on portions of Garces Highway (County Road #57) (Document No. 0216128145) E) Recorded Irrevocable Offer to Dedicate Real Property for Public Purposes, to wit, for Public Highway, from Tejon Industrial Corp, for additional right of way the west side of Wheeler Ridge Road at Santa Elena Drive (Document No. 0216129782) Miscellaneous F) Letter to Kern County Water Agency from U.S. Department of Homeland Security s Federal Emergency Management Agency (FEMA) re certification of the Kern River North Levees, Kern County Levee IDs 4, 7, 11, 12, 16, and 17 (Copies to each Supervisor, CAO, and Public Works) G) Letter from Department of the Army Environmental Resources Branch re Finding of No Significant Impact (FONSI) and final Supplemental Environmental Assessment (SEA) for the Isabella Lake Dam Safety Modification (DSM) Project Dams and Spillway Design Refinements (Copies to each Supervisor, CAO, County Counsel, Fire, Office of Emergency Services, Emergency Medical Services, Public Works, and Public Health) H) Letter from California Department of Food & Agriculture re Asian citrus psyllid treatment program public meeting in Arvin (Copy to each Supervisor, CAO, County Counsel, and Agricultural Commissioner) I) Kern County Hospital Authority (KCHA) Resolution 2016-019 establishing the meeting dates of the KCHA Board of Governors for 2017 J) Notice from Verizon re construction of a new telecommunications facility at 29235 Highway 33, Maricopa (Copy to Planning and Natural Resources) K) Notice from State Department of Alcoholic Beverage Control re application for alcoholic beverage license from Olive Drive Pizza, 1129 Olive Drive, Suites A & B, Bakersfield (Copies to Planning and Natural Resources and Environmental Health Services)
Summary of Proceedings PM Page 9 L) Agenda for Kern County Parks and Recreation Commission meeting on October 26, 2016 27) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Barbrieka Adjei v. County of Kern - REFERRED TO COUNTY COUNSEL (Copies to Risk Management and Human Resources) B) Claim in the matter of Ana Lucia Chiles v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) C) Claim in the matter of Ande Dow v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) D) Claim in the matter of Maris Sosa v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) E) Claim for Refund of Taxes in the matter of Jill Kimberly Hatch - REFERRED TO COUNTY COUNSEL (Copy to Auditor) F) Summons in the matter of Jane Doe v. County of Kern et al. (United States District Court, Eastern District of California Case No: 1:16-CV-01469-DAD- JLT) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) G) Summons and Complaint in the matter of Cosme Presas (Case No. S- 1500-CV-284380-SPC) v. County of Kern, et al. - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) H) Request for Information from Infinity Insurance Company re accident dated 6/27/2015 (Claim No. 20002697969) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) ###