SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, September 21, 2010 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 McQuiston and Watson); Community Action Partnership of Kern (Supervisor Maggard); Kern County Network for Children (Supervisor Rubio); Kern Economic Development Corporation (Supervisors Maggard and Watson); Southern California Water Committee (Supervisor Watson); and Tobacco Funding Corporation, Kern County (Supervisors McQuiston and Watson). BOARD RECONVENED Supervisors: McQuiston, Maben, Maggard, Watson, Rubio ROLL CALL: All Present SALUTE TO FLAG - Led by Fifth District Supervisor Michael J. Rubio NOTE: The vote is displayed in bold below each item. For example, McQuiston-Watson denotes Supervisor McQuiston made the motion and Supervisor Watson seconded the motion CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: ALL ITEMS LISTED WITH A "CA" WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION BOARD ACTION SHOWN IN CAPS RESOLUTIONS/PROCLAMATIONS CA-1) Resolution honoring Martha Twisselman as recipient of the "2010 Agriculturist of the Year" Award from the Kern County Fair - ADOPTED RESOLUTION 2) Proclamation proclaiming October 15-24, 2010 as Oildorado Days in Kern County, commemorating the 100th Anniversary of Oildorado - PROCLAIMED; MADE PRESENTATION TO ERIC COOPER, PRESIDENT, TAFT OILDORADO, INC., WHO INTRODUCED TAFT OILDORADO BOARD MEMBERS GLENN BLACK, PAUL LINDER, DENNIS MCCALL, AND TAFT OILDORADO SHERIFF BILLY WHITE AND POSSE, AS WELL AS THE MAIDS OF THE PETROLEUM QUEEN CONTESTANTS; ERIC COOPER AND BILLY WHITE, HEARD
Summary of Proceedings Page 2 3) Certificate of Recognition recognizing Allysia Lara, Junior Miss East Kern County 2010, for the many volunteer hours provided to the numerous community organizations in Eastern Kern County - MADE PRESENTATION TO ALLYSIA LARA; ALLYSIA LARA HEARD PUBLIC REQUESTS 4) Request of Tammy Burns, Local Planning Council (LPC) Coordinator, Early Childhood Council of Kern, to submit 2010-2013 Strategic Plan for approval by the Board, and for Lisa Duncan-Purcell, Chair, to address the Board regarding the 2009-2010 Annual Report - HEARD PRESENTATION BY LISA DUNCAN-PURCELL, CHAIR, EARLY CHILDHOOD COUNCIL OF KERN; APPROVED STRATEGIC PLAN; RECEIVED AND FILED ANNUAL REPORT Maben-McQuiston: All Ayes APPOINTMENTS CA-5) Reappointment of Aaron Flucker as Fifth District Member to the Commission on Aging, term to expire August 18, 2012 - MADE REAPPOINTMENT 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! MICHAEL TURNIPSEED, KERN COUNTY TAXPAYERS ASSOCIATION, HEARD REGARDING COUNTY EMPLOYEES RETIREMENT PENSION PLAN 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]) NO ONE HEARD DEPARTMENTAL REQUESTS AIRPORTS CA-8) Proposed Amended Conflict of Interest Code for the Department of Airports (Fiscal Impact: None) - APPROVED
Summary of Proceedings Page 3 CA-9) Proposed Lease Agreement with the United States General Services Administration from July 20, 2011 through July 2021, on behalf of the Transportation Security Administration for their administrative offices at Meadows Field Airport (Fiscal Impact: None) - APPROVED; MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; AUTHORIZED DEPARTMENT OF AIRPORTS TO FILE NOTICE OF EXEMPTION AS APPROPRIATE; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 875-2010 EMPLOYERS TRAINING RESOURCE CA-10) Proposed Amendment No. 2 to Agreement 706-2009 with California State University, Bakersfield to provide employment and training activities for Workforce Investment Act-eligible youths in Kern County, am increase of $15,076, for a new total funding level not to exceed $193,707 and extending term through September 30, 2010 (Fiscal Impact: $15,076; Federal Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 876-2010 CA-11) Proposed retroactive Agreement with Proteus, Inc. to administer and operate full array of One-Stop services and Workforce Investment Act Core, Intensive and Training services offered through the Delano Career Services Center from July 1, 2010 through June 30, 2011, in an amount not to exceed $523,042 (prior notification on June 22, 2010) (Fiscal Impact: $523,042; Federal Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 877-2010 CA-12) Proposed retroactive Agreement with California State University, Bakersfield to provide employment and training services to Workforce Investment Act-eligible in-school and out-of school youths and its Migrant Book Assistance program funded under the National Farmworker Jobs Program from July 1, 2010 through June 30, 2011, in an amount not to exceed $162,047 (prior notification on June 29, 2010) (Fiscal Impact: $162,047; Federal Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 878-2010 CA-13) CA-14) Proposed retroactive sole source Agreement with Kern Community College District to provide instruction in Building Performance Analyst, Utility Worker, Solar PV Installer and Wind Service Technician programs from October 1, 2009 through June 30, 2011, in an amount not to exceed $413,833 (Fiscal Impact: $413,833; State Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 879-2010 Proposed retroactive sole source Agreement with Kern Community College District to provide an Introduction to Green Building and Environmental Literacy from January 1, 2010 through June 30, 2011, in an amount not to exceed $64,500 (Fiscal Impact: $64,500; State Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 880-2010
Summary of Proceedings Page 4 CA-15) Proposed retroactive sole source Agreement with Kern and Northern Los Angeles Counties Air Conditioning and Sheet Metal Workers Joint Apprenticeship and Training Committee to provide an overview of different career opportunities available to workers in green industries from January 1, 2010 through June 30, 2011, in an amount not to exceed $55,479 (Fiscal Impact: $55,479; State Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 881-2010 FIRE DEPARTMENT 16) Request for Resolution ratifying proclamation that a fire disaster and state of emergency exists within the County of Kern due to the effects of the Canyon Fire, northwest of Havilah (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION 2010-284 Rubio-Maggard: All Ayes CA-17) Request to appropriate unanticipated revenue in the amount of $1,242,579 from Homeland Security Grant Funds; and request to establish fixed asset accounts for the purchase of equipment including a vehicle, Bomb and SWAT team disaster shelter supplies, communication equipment and evacuation plan development (Fiscal Impact: $1,242,579 State Homeland Security Grant; Not Budgeted; Discretionary) - APPROVED; APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $1,242,579 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER IN THE AMOUNT OF $1,242,579 FROM APPROPRIATIONS FOR CONTINGENCIES TO BUDGET UNIT 2415; ESTABLISHED FIXED ASSETS KERN MEDICAL CENTER CA-18) CA-19) CA-20) Proposed sole source Agreement with Diagnostica Stago, Inc., an independent contractor, for service and maintenance of the STA compact and STAR-E coagulation analyzers, from November 20, 2010 through November 19, 2013, in an amount not to exceed $56,240 (Fiscal Impact: $56,240; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 882-2010 Proposed Agreement with Quest Diagnostics, an independent contractor, for clinical laboratory services, from September 21, 2010 through September 20, 2013, in an amount not to exceed $2,100,000 (Fiscal Impact: $2,100,000 ($700,000 FY 2010-2011); KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 883-2010 Proposed Amendment No. 9 to Agreement 332-2003 with Manish N. Amin, D.O., a contract employee, for professional medical services in the 31, 2010, and increasing the maximum payable by $34,000, from $827,139 to $861,139, plus applicable benefits (Fiscal Impact: $42,591; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 884-2010
Summary of Proceedings Page 5 CA-21) Proposed Amendment No. 9 to Agreement 773-2002 with Christopher E. Dong, M.D., a contract employee, for professional medical services in the 31, 2010, and increasing the maximum payable by $38,000, from $1,078,337 to $1,116,337, plus applicable benefits (Fiscal Impact: $46,649; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 885-2010 CA-22) Proposed Amendment No. 9 to Agreement 775-2002 with Jagdipak S. Heer, M.D., a contract employee, for professional medical services in the 31, 2010, and increasing the maximum payable by $38,000, from $1,068,954 to $1,106,954, plus applicable benefits (Fiscal Impact: $46,649; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 886-2010 CA-23) Proposed Amendment No. 11 to Agreement 777-2002 with Rick A. McPheeters, D.O., a contract employee, for professional medical services in the Department of Emergency Medicine, extending the term through December 31, 2010, and increasing the maximum payable by $44,000, from $1,127,034 to $1,171,034, plus applicable benefits (Fiscal Impact: $52,736; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 887-2010 CA-24) Proposed Amendment No. 1 to Agreement 600-2010 with Paul G. Mroz, M.D., a contract employee, for professional medical services in the 31, 2010 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 888-2010 CA-25) Proposed Amendment No. 9 to Agreement 779-2002 with James M. Sverchek, M.D., a contract employee, for professional medical services in the Department of Emergency Medicine, extending the term through December 31, 2010, and increasing the maximum payable by $38,000, from $1,142,653 to $1,180,653, plus applicable benefits (Fiscal Impact: $46,649; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 889-2010 SUBJECT TO FINAL APPROVAL BY COUNTY COUNSEL CA-26) Proposed Amendment No. 9 to Agreement 780-2002 with Joshua L. Tobias, M.D., a contract employee, for professional medical services in the 31, 2010, and increasing the maximum payable by $35,000, from $966,123 to $1,001,123, plus applicable benefits (Fiscal Impact: $43,606; KMC Enterprise Fund; Budgeted; Discretionary) APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 890-2010
Summary of Proceedings Page 6 CA-27) CA-28) Proposed Amendment No. 8 to Agreement 476-2003 with Paul F. Walsh, M.D., a contract employee, for professional medical services in the 31, 2010, and increasing the maximum payable by $34,000, from $861,808 to $895,808, plus applicable benefits (Fiscal Impact: $42,591; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 891-2010 Proposed Amendment No. 4 to Agreement 409-2005 with Adria O. Winter, M.D., a contract employee, for professional medical services in the 31, 2010, and increasing the maximum payable by $28,000, from $551,188 to $579,188, plus applicable benefits (Fiscal Impact: $36,504; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 892-2010 CA-29) Proposed Contract Supplement No. 1-15TNER to Agreement 276-99 with McKesson Technologies Inc., an independent contractor, for professional services to implement STAR release 15.0 upgrade, in an amount not to exceed $124,330 (Fiscal Impact: $124,330; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 893-2010 CA-30) CA-31) Proposed retroactive Amendment No. 1 to Agreement 103-2008 with David N. Keith, a contract employee, to conform relevant portions of the Agreement to the eligibility and contribution limits in the County s Deferred Compensation Plan 01, effective May 27, 2008 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 894-2010 Proposed retroactive Amendment No. 1 to Agreement 060-2008 with Lisa Ohlfest, a contract employee, to conform relevant portions of the Agreement to the eligibility and contribution limits in the County s Deferred Compensation Plan 01, effective March 31, 2008 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 895-2010 CA-32) Proposed retroactive Agreement with HealthPort Technologies, LLC, an independent contractor, for release of information services, from January 1, 2009 through December 31, 2011, in an amount not to exceed $19,500 (Fiscal Impact: $19,500 ($16,250 FY 2010-2011); KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 896-2010
Summary of Proceedings Page 7 MENTAL HEALTH SERVICES 33) Proposed addition of one (1) Nurse Practitioner, and one (1) Department Analyst I/II positions and deletion of one (1) MH Recovery Specialist I/II/III, and one (1) part time MH Physician, positions; effective September 21, 2010 (Fiscal Impact: $68,119; MHSA; MediCal, Realignment Funds; Budgeted; Discretionary) - APPROVED; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE Maben-Maggard: All Ayes CA-34) Proposed Agreement with Tulare County Superintendent of Schools dba California Friday Night Live Partnership (CFNLP), for the continuation of the Friday Night Live (FNL) Mentoring Program to Kern County residents from October 1, 2010 to May 31, 2011, in an amount not to exceed $22,200 (Fiscal Impact: $22,200; Grant Revenue; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 897-2010 PARKS AND RECREATION DEPARTMENT CA-35) Request to appropriate unanticipated revenue in the amount of $30,000 from Proposition 40 Per Capita Parks Grant Funds to bring Buena Vista Aquatic Recreation Area fueling system into compliance with new identity protection regulations (Fiscal Impact: $30,000; State Grant; Not Budgeted; Discretionary) - APPROVED ESTABLISHMENT OF PROJECT IN GENERAL SERVICES MAJOR MAINTENANCE BUDGET UNIT 1650; APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $30,000 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER FROM APPROPRIATIONS FOR CONTINGENCIES TO THE MAJOR MAINTENANCE BUDGET UNIT 1650 PROBATION CA-36) Proposed sole source Agreement with Behavioral Interventions, Inc., for establishment of a Day Reporting Center from September 21, 2010 through March 31, 2012, in an amount not to exceed $1,067,561 (Fiscal Impact: FY 2010-2011 $711,707; Federal Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 898-2010 CA-37) Proposed Resolution endorsing grant funding from the Office of Traffic Safety for the Probation DUI Offender Program (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION 2010-285
Summary of Proceedings Page 8 SHERIFF CA-38) Request for cancellation of designations and approval to appropriate unanticipated revenue from the California Multi-Jurisdictional Methamphetamine Enforcement Team (Cal-MMET) State Asset Forfeiture Fund 22162 and establish fixed asset accounts for acquisition of three vehicles and one narcotic canine (Fiscal Impact: $166,971; Cal-MMET State Asset Forfeiture Fund; Not Budgeted; Discretionary) - APPROVED CANCELLATION OF DESIGNATIONS IN SPECIAL REVENUE FUND 22162 (CAL-MMET STATE ASSET FORFEITURE), IN AN AMOUNT OF $166,971; APPROVED INCREASE IN APPROPRIATIONS OF $166,971, BUDGET UNIT 2228, CAL-MMET ASSET FORFEITURE, ACCOUNT 8851; APPROVED APPROPRIATION OF UNANTICIPATED REVENUE FROM THE CAL-MMET STATE ASSET FORFEITURE FUND 22162 IN THE AMOUNT OF $166,971 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED MID-YEAR ACQUISITION OF FIXED ASSETS; AND APPROVED BUDGET TRANSFER IN THE AMOUNT OF $166,971 FROM APPROPRIATIONS FOR CONTINGENCIES TO SHERIFF'S BUDGET UNIT 2210 CA-39) Request for cancellation of designations and approval to appropriate unanticipated revenue from Sheriff s Civil Debtor Assessment Fund 22141 and establish fixed asset account for acquisition of seven (7) police package vehicles with emergency equipment build-out (Fiscal Impact: $300,000; Sheriff s Civil Debtor Assessment Fund; Not Budgeted; Discretionary) - APPROVED CANCELLATION OF DESIGNATIONS IN SPECIAL REVENUE FUND 22141 (CIVIL DEBTOR ASSESSMENT), IN AN AMOUNT OF $300,000; APPROVED AN INCREASE IN APPROPRIATIONS OF $300,000, BUDGET UNIT 2222, CIVIL DEBTOR ASSESSMENT, ACCOUNT 8851; APPROVED APPROPRIATION OF UNANTICIPATED REVENUE FROM THE SHERIFF'S CIVIL DEBTOR ASSESSMENT FUND 22141 IN THE AMOUNT OF $300,000 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER IN THE AMOUNT OF $300,000 FROM APPROPRIATIONS FOR CONTINGENCIES TO SHERIFF'S BUDGET UNIT 2210, AND APPROVED MID-YEAR ACQUISITION OF FIXED ASSET ADJOURNED TO CLOSED SESSION Rubio
Summary of Proceedings Page 9 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 40) Request for Closed Session regarding conference with designated labor negotiators, County Administrative Officer, John Nilon, and designated staff - Employee organizations: Kern County Detention Officers Association, Kern County Fire Fighters Union, Kern Law Enforcement Association, Kern County Probation Managers Association, Kern County Probation Officers Association, Kern County Prosecutors Association, Kern County Sheriff Command Association, Kern County Sheriff Command Association II, Kern Faculty Association, Service Employees International Union Local 521 (Government Code Section 54957.6) - NO REPORTABLE ACTION TAKEN 41) Request for Closed Session regarding conference with real property negotiatiors John Nilon, County Administrative Officer, or his designee, regarding price, terms of payment and conditions of transfer for purchase, sale, exchange or lease concerning 1300 18th Street, Bakersfield, owned by Lee Development Group, LLC (Government Code Section 54956.8) - NO REPORTABLE ACTION TAKEN COUNTY COUNSEL 42) Request for Closed Session regarding a lawsuit entitled Scott Cantrell v. County of Kern, WCAB Case No. ADJ6747776; ADJ7269899; ADJ520970 (Government Code Section 54956.9(a)) - NO REPORTABLE ACTION TAKEN 43) Request for Closed Session regarding a lawsuit entitled Jason Arvizu v. County of Kern, et al., Kern County Superior Court Case No. S-1500-CV- 267864 DRL (Government Code Section 54956.9(a)) - NO REPORTABLE ACTION TAKEN RECONVENED FROM CLOSED SESSION; RECESSED TO 2:00 P.M. Rubio-Maben /s/ Kathleen Krause Clerk of the Board /s/ Ray Watson Chairman, Board of Supervisors