SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, May 10, 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 KERN COUNTY SHERIFF HONOR GUARD PRESENTED COLORS AND THE NATIONAL ANTHEM WAS SUNG BY SENIOR DEPUTY AUGUSTIN MORENO, KERN COUNTY SHERIFF S OFFICE 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 May 11, 2016 as Day of the Teacher in Kern County - PROCLAIMED; MADE PRESENTATION TO SHIRLEY WOLD, REPRESENTING KERN DIVISION, CALIFORNIA RETIRED TEACHERS ASSOCIATION; SHIRLEY WOLD HEARD Maggard-Couch: All Ayes CA-2) Proclaim May 2016 as Older Americans Month in Kern County - PROCLAIMED 3) Proclaim May 6-12, 2016 as Nurses Week in Kern County - PROCLAIMED; MADE PRESENTATION TO TONI SMITH, CHIEF NURSING OFFICER, KERN MEDICAL CENTER WHO INTRODUCED KERN MEDICAL CENTER'S NURSE OF THE YEAR CANDIDATES; TONI SMITH, AND DAWN MILTON, CHIEF NURSING OFFICER, MENTAL HEALTH DEPARTMENT, HEARD Scrivner-Perez: All Ayes
Summary of Proceedings AM Page 2 4) Proclaim May 15-21, 2016 as National Public Works Week in Kern County - PROCLAIMED; MADE PRESENTATION TO GREG FENTON, DIRECTOR OF BUILDING AND DEVELOPMENT DIVISION, PUBLIC WORKS DEPARTMENT; GREG FENTON HEARD Couch-Maggard: All Ayes 5) Proclaim May 16-20, 2016, as Peace Officer Memorial Week in Kern County; request permission to fly flags at half-staff during Peace Officer Memorial Week - PROCLAIMED; MADE PRESENTATION TO SHERIFF DONNY YOUNGBLOOD; AUTHORIZED PERMISSION TO FLY THE FLAGS AT ALL SHERIFF'S OFFICE FACILITIES AT HALF-STAFF DURING THE PERIOD OF OBSERVANCE; SHERIFF YOUNGBLOOD HEARD Perez-Scrivner: All Ayes 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! NO ONE HEARD 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 SCRIVNER REPORTED ON HIS ATTENDANCE LAST WEEK TO THE NATIONAL SECURITY FORUM HELD AT THE AIR WAR COLLEGE, MAXWELL AIR FORCE BASE, ALABAMA DEPARTMENTAL REQUESTS AIRPORTS CA-8) Proposed sole source Purchase Order with ADB Airfield Solutions, LLC, containing non-standard terms and conditions, for purchase of airfield lighting and control and monitoring system equipment for the Meadows Field Airport Phase I Runway 12L/30R Rehabilitation Project, in an amount not to exceed $51,329.53 (Fiscal Impact: $51,329.53; $46,535.53 Federal Grant; $4,794.18 Airports Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED PURCHASING AGENT TO ISSUE PURCHASE ORDER
Summary of Proceedings AM Page 3 ANIMAL SERVICES CA-9) Proposed Amendment No. 1 to Agreement 840-2015 with Betty Elaine Fleeman, DVM, for veterinary services to amend the agreement to provide for termination on 30 days notice by either party, effective May 10, 2016 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 532-2016 CA-10) Request to appropriate unanticipated revenue in the amount of $75,000 from fees for services provided by Animal Services (Fiscal Impact: $75,000; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS CA-11) Request to accept grant funding from Petco Foundation for spay/neuter services in Lamont in the amount of $50,000 (Fiscal Impact: $50,000; Grant; Budgeted; Discretionary) - APPROVED ASSESSOR-RECORDER CA-12) Proposed Amendment No. 3 to Joint Powers Agreement (JPA) with California County Assessors and the Board of Equalization for collecting, storing and maintaining data, extending the term from July 1, 2016 to June 30, 2020 and assigning a Coordinating Assessor (Fiscal Impact: None) - APPROVED; AUTHORIZED ASSESSOR-RECORDER TO SIGN CA-13) Proposed Amendment No. 7 to Joint Powers Agreement (JPA) with California County Assessors for Business Property Statement/Standard Data Record, extending the term from July 1, 2016 to June 30, 2020 and assigning a Coordinating Assessor (Fiscal Impact: None) - APPROVED; AUTHORIZED ASSESSOR-RECORDER TO SIGN AUDITOR-CONTROLLER-COUNTY CLERK CA-14) Request to appropriate unanticipated revenue in the amount of $66,447 from fees for services provided by County Clerk (Fiscal Impact: $66,447; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR- CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS CLERK OF THE BOARD CA-15) Proposed Resolution revising regular meeting dates of the Board of Supervisors for 2016 to change budget hearing dates from the week of August 29, 2016 to the week of August 22, 2016 (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION 2016-103
Summary of Proceedings AM Page 4 COUNTY COUNSEL 16) Public hearing regarding proposed Moratorium on Establishment of New Medical Marijuana Dispensaries (Fiscal Impact: None) - OPENED HEARING; JAY JAMIESON; NATHAN ACUNA; DOUGLAS MCAFEE, PRESIDENT, BAKERSFIELD NATIONAL ORGANIZATION FOR THE REFORM OF MARIJUANA LAWS (NORML); HEATHER EPPS; JEFF JARVIS; MICHELLE THROCKMORTON; CHARLES HALL; JACK THROCKMORTON; DAVID ABBASI; LOUIE SANTANA; LORELEI OVIATT, DIRECTOR, PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT; AND DAVID FLUHART, HEARD; CLOSED HEARING; ADOPTED URGENCY ORDINANCE G-8630 ENACTING A MORATORIUM ON THE ESTABLISHMENT OF NEW MEDICAL MARIJUANA DISPENSARIES AND THE RELOCATION OF EXISTING DISPENSARIES; MADE FINDINGS THAT ADOPTION OF THE ORDINANCE IS NOT A PROJECT UNDER CEQA PURSUANT TO CEQA GUIDELINE 15378 AND IS OTHERWISE EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO CEQA GUIDELINES 15308 AND 15061(b)(3) Couch-Maggard: All Ayes EMPLOYERS TRAINING RESOURCE CA-17) Proposed Agreements with Lamar Advertising Company, containing nonstandard terms and conditions, for the provision of advertising services for America s Job Center of California s new "Be Employed" marketing campaign utilizing bus wraps on local Golden Empire Transit buses, in a total amount not to exceed $15,279.74 (Fiscal Impact: $15,279.74; Federal Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENTS 533-2016 AND 534-2016 HUMAN SERVICES CA-18) CA-19) Request for approval to purchase client stabilization vouchers to provide direct services for current and potential Child Protective Services and Employment and Financial Services clients, from July 1, 2016 through June 30, 2017, in an amount not to exceed $122,000 (Fiscal Impact: $122,000; $97,600 Federal/State/Realignment; $24,400 County; Budgeted; Discretionary) - APPROVED; AUTHORIZED DEPARTMENT OF HUMAN SERVICES TO PURCHASE VOUCHERS Request approval of expenditure of funds for employee standby pay for Social Service Supervisor I/II and Social Service Worker III, IV, V classifications assigned to the Emergency Response program from July 1, 2016 through June 30, 2017, in an amount not to exceed $61,663 (Fiscal Impact: $61,663; $49,331 Federal/State Realignment; $12,332 County; Budgeted; Mandated) - APPROVED CA-20) Request for approval to purchase computer and communication-related equipment and services under Consortium IV Statewide Automated Welfare System Joint Powers Authority from July 1, 2016 through June 30, 2017, in an amount not to exceed $1,500,000 (Fiscal Impact: $1,500,000; $690,000 Federal/State; $810,000 County; Budgeted; Discretionary) - APPROVED
Summary of Proceedings AM Page 5 KERN MEDICAL CENTER 21) Update on Kern Medical Center s financial position for the period ending March 31, 2016 (Fiscal Impact: None) - RECEIVED AND FILED Couch-Maggard: All Ayes CA-22) CA-23) CA-24) Proposed addition of one Orthopedic Technician I/II/III position and deletion of one Nursing Attendant position in Budget Unit 8997, effective May 10, 2016 (Fiscal Impact: $33,754; KMC Enterprise Fund; Not Budgeted; Discretionary) - APPROVED; REFERRED TO HUMAN RESOURCES DIVISION TO AMEND THE DEPARTMENTAL POSITIONS AND SALARY SCHEDULE Proposed sole source Agreement with Heidelberg Engineering, an independent contractor, for the purchase of ophthalmology equipment, effective May 10, 2016, and request for purchase order in an amount not to exceed $148,243 (Fiscal Impact: $148,243; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 535-2016 AND AUTHORIZED PURCHASING AGENT TO ISSUE PURCHASE ORDER Proposed Agreement with Cardinal Health, Inc., an independent contractor, for stock pharmaceutical inventory from May 10, 2016 through May 9, 2018, and request for purchase order in an amount not to exceed $24,000 for Fiscal Year 2015-2016 (Fiscal Impact: $24,000; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 536-2016 AND AUTHORIZED PURCHASING AGENT TO ISSUE PURCHASE ORDER MENTAL HEALTH SERVICES CA-25) Proposed Agreement with Therese Foley to provide Certification Review Hearing Officer services for adults and minors involuntarily detained at County inpatient psychiatric facilities, from July 1, 2016 through June 30, 2017, in an amount not to exceed $28,000 (Fiscal Impact: $28,000; Realignment; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 537-2016 CA-26) Proposed Agreement with Phillip W. Gillet, Jr. to provide Certification Review Hearing Officer services for adults and minors involuntarily detained at County inpatient psychiatric facilities, from July 1, 2016 through June 30, 2017, in an amount not to exceed $20,000 (Fiscal Impact: $20,000; Realignment; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 538-2016 CA-27) Proposed Agreement with Keenan Perkins to provide Certification Review Hearing Officer services for involuntarily detained individuals at County inpatient psychiatric facilities, from July 1, 2016 through June 30, 2017, in an amount not to exceed $28,000 (Fiscal Impact: $28,000; Realignment; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 539-2016
Summary of Proceedings AM Page 6 CA-28) CA-29) Proposed Agreement with Robin Walters to provide Certification Review Hearing Officer services for involuntarily detained individuals at County inpatient psychiatric facilities, from July 1, 2016 through June 30, 2017, in an amount not to exceed $28,000 (Fiscal Impact: $28,000; Realignment; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 540-2016 Proposed Agreement with Marc Widelock to provide Certification Review Hearing Officer services for involuntarily detained individuals at County inpatient psychiatric facilities, from July 1, 2016 through June 30, 2017, in an amount not to exceed $28,000 (Fiscal Impact: $28,000; Realignment; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 541-2016 CA-30) Proposed Amendment No. 1 to Agreement 459-2015 with Jackson and Coker LocumTenens, LLC to add service delivery locations, clarify the terms of the recruitment fee, modify contractor responsibilities, and increase maximum compensation by $541,270, for a new total amount not to exceed $1,041,720 (Fiscal Impact: $541,720; Realignment; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 542-2016 CA-31) CA-32) CA-33) Proposed Agreement with Cottage of Hope and Gratitude to provide specialty transitional housing services for the chronically mentally ill who are at risk of being homeless in Kern County in an amount not to exceed $45,000, from July 1, 2016 through June 30, 2017 (Fiscal Impact: $45,000; MHSA/AB 109; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 543-2016 Proposed sole source Agreement with United Way, Inc. of Kern County to provide funding to employ a Homelessness Resources Director and support Kern County s Annual Homeless Census Project from July 1, 2016 through June 30, 2017, in an amount not to exceed $40,800 (Fiscal Impact: $40,800; MHSA; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 544-2016 Proposed Amendment No. 1 to Agreement 370-2015 with Special Treatment Education and Prevention Services, Inc., dba STEPS, for outpatient substance use disorder treatment to increase funding by $15,000 for Fiscal Year 2015-2016, for a new amount not to exceed $75,000 (Fiscal Impact: $15,000; State/Federal; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 545-2016 CA-34) Proposed Amendment No. 2 to Agreement 322-2015 with Bakersfield Recovery Services, Inc. to add services for California Work Opportunity and Responsibilities to Kids (CalWORKs) clients and increase compensation by $16,500 for Fiscal Year 2015-2016, for a new total amount not to exceed $1,244,546 (Fiscal Impact: $16,500; State and Federal; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 546-2016
Summary of Proceedings AM Page 7 CA-35) Proposed Amendment No. 1 to Agreement 368-2015 with Kern County Hispanic Commission on Alcohol and Drug Abuse Services, Inc. to remove residential treatment services, add Drug Medi-Cal funding, and decrease maximum compensation by $61,500, for a new amount not to exceed $292,500 for Fiscal Year 2015-2016 (Fiscal Impact: $61,500 Decrease; State/Federal; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 547-2016 CA-36) Proposed Amendment No. 4 to Agreement 026-2015 with the State of California Department of Health Care Services for Substance Use Disorder Services, to increase revenue by $2,575,403, for a new total amount not to exceed $29,906,662 (Fiscal Impact: $2,575,403 Revenue; State; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 548-2016 PARKS AND RECREATION DEPARTMENT CA-37) Proposed Agreement with Lexipol, LLC, containing non-standard terms and conditions, for use of subscription material from May 16, 2016 through May 15, 2017, in an amount not to exceed $8,345 (Fiscal Impact: $8,345; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED DIRECTOR OF PARKS AND RECREATION TO SIGN ALL DOCUMENTS AS NECESSARY, SUBJECT TO APPROVAL AS TO FORM BY COUNTY COUNSEL 38) Request for approval of mid-year capital asset acquisitions of one utility vehicle, one enclosed trailer, and one mower, in an amount not to exceed $45,500 (Fiscal Impact: $45,500; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS Couch-Scrivner: All Ayes 39) Request to accept donation of $5,000 from the Greenfield Walking Group for Rexland Acres Park future soccer facility (Fiscal Impact: $5,000 Donation; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN LETTER OF APPRECIATION Perez-Scrivner: All Ayes PUBLIC HEALTH SERVICES CA-40) Request to appropriate unanticipated revenue from the California Department of Public Health and to establish a major maintenance project for a biosafety level three upgrade to Public Health Laboratory, in an amount not to exceed $479,058 (Fiscal Impact: $479,058; Grant; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR- CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS
Summary of Proceedings AM Page 8 SHERIFF CA-41) CA-42) CA-43) Proposed Agreement with California State Sheriffs Association to participate in Victim Information Notification Everyday (VINE) application, containing non-standard terms and conditions (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 549-2016 Proposed Resolution for authorization to re-apply for Residential Substance Abuse Treatment (RSAT) Program from the Board of State and Community Corrections in the amount of $164,403 with a 25% required inkind County match (Fiscal Impact: None) - ADOPTED RESOLUTION 2016-104; AUTHORIZED SHERIFF TO SIGN ALL DOCUMENTS AS NECESSARY, SUBJECT TO APPROVAL AS TO FORM BY COUNTY COUNSEL Proposed form of tow service rotation Agreement for local tow services for Fiscal Year 2016-2017 (Fiscal Impact: None) - APPROVED; AUTHORIZED SHERIFF TO SIGN AGREEMENTS WITH LOCAL TOW SERVICE COMPANIES ADJOURNED TO CLOSED SESSION Perez 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 44) PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: Mental Health Services Director (Government Code Section 54957) - NO REPORTABLE ACTION TAKEN 45) PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: County Administrative Officer (Government Code Section 54957) - NO REPORTABLE ACTION TAKEN 46) CONFERENCE WITH LABOR NEGOTIATORS - Agency designated representatives: County Administrative Officer John Nilon, and designated staff - Employee organizations: Kern County Firefighters Union; Kern Law Enforcement Association (Government Code Section 54957.6) - NO REPORTABLE ACTION TAKEN 47) CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Kern County Property Assessor Parcel Numbers: 032-010-08, 032-520-20, 031-060-14, 031-030-22, 031-070-08; Property Owners: County of Kern, Bear Valley Plaza LLC, Pablo Alverez, John R. Dunstan, Bains Property Investments LLC; Agency Negotiators: John Nilon, County Administrative Officer and Jeff Frapwell, Assistant County Administrative Officer for General Services; Under Negotiation: Price and Terms of Payment (Government Code Section 54956.8) - NO REPORTABLE ACTION TAKEN
Summary of Proceedings AM Page 9 COUNTY COUNSEL 48) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) Ortega v. County of Kern, Kern County Superior Court Case Number S-1500-CV-284268 LHB - NO REPORTABLE ACTION TAKEN 49) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section 54956.9(d)(2)(e)(1)) Number of cases: Two (2) Based on 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 50) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) County of Kern v. California High Speed Rail Authority, Sacramento County Superior Court Case Number: 34-2014-80001863 - NO REPORTABLE ACTION TAKEN RECONVENED FROM CLOSED SESSION; RECESSED TO 2:00 P.M. Couch-Scrivner /s/ Kathleen Krause Clerk of the Board /s/ Mick Gleason Chairman, Board of Supervisors