SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, February 19, 2013 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 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: All Present SALUTE TO FLAG - Led by Leonardo Chavez, Grand Juror, Kern County Grand Jury 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 ON TUESDAY, FEBRUARY 12, 2013 AT 2:00 P.M. Item No. 33 concerning a request for Closed Session regarding public employee performance evaluation - Title: Kern Medical Center Chief Executive Officer (Government Code Section 54957) - HEARD; NO REPORTABLE ACTION Item No. 34 concerning a request for Closed Session regarding conference with designated labor negotiators, County Administrative Officer, John Nilon, and designated staff - Unrepresented employees: Kern Medical Center Chief Executive Officer (Government Code Section 54957.6) - HEARD; NO REPORTABLE ACTION NOTE: Supervisor Scrivner recognized Ron Fraze, Second District Member to the Citizens Advisory Committee on Annexations, whose appointment was approved under Item No. 8 on consent
Summary of Proceedings Page 2 RESOLUTIONS/PROCLAMATIONS CA-1) CA-2) Resolution honoring Mercy LeBarron, Department of Human Services, upon her retirement with 27 years of dedicated service to the County of Kern - ADOPTED RESOLUTION Resolution honoring Linna Leavens, Kern County Library, upon her retirement with 26 years of dedicated service to the County of Kern - ADOPTED RESOLUTION 3) Proclaim February 25-28, 2013 as Grand Jury Public Awareness Week in Kern County - ADOPTED PROCLAMATION; MADE PRESENTATION TO LYNN RUNYAN, GRAND JURY FOREMAN, WHO ACKNOWLEDGED GRAND JURY MEMBERS PRESENT; LYNN RUNYAN AND ALL GRAND JURORS HEARD Couch-Perez: All Ayes APPOINTMENTS CA-4) CA-5) CA-6) CA-7) CA-8) Reappointments of Nicholas Etcheverry and Michael Pettit (Section 3) and Carl F. Twisselman II and Lonnie Twisselman (Section 15) to the Grazing Advisory Board, terms to expire December 20, 2015 - MADE REAPPOINTMENTS Reappointment of Marisa Banks as Fifth District Member to the Human Relations Commission, term to expire January 8, 2014 - MADE REAPPOINTMENT Appointment of Kimberly A. Hoffman as At-large Pharmacist representative to the Kern Health Systems Board of Directors, term to expire June 30, 2015 - MADE APPOINTMENT Appointment of Christina Frank as At-large Member to the Kern County Museum Foundation Board of Trustees, term to expire July 17, 2015 - MADE APPOINTMENT Appointment of Ron James Fraze as Second District Nominated Member to the Citizens Advisory Committee on Annexations, term to expire at the Pleasure of the Board - MADE APPOINTMENT
Summary of Proceedings Page 3 CA-9) Proposed approval of increase in membership on the Workforce Investment Board (WIB) Youth Council by adding one Business Member and appointments of Brandon Hawkins, replacing Chris Gardner, and Ian Journey, replacing Claudia Gonzalez, as At-large Business Members, terms to expire December 31, 2014; Daniel Smith, replacing Verna Lewis, as At-large One-Stop Partners Member, term to expire on June 30, 2013 on the Workforce Investment Board; and Ian Journey, as At-large Business Member, and Andrea Medina, as At-large Education Member on the WIB Youth Council, terms to expire December 31, 2014 - APPROVED; MADE APPOINTMENTS PUBLIC PRESENTATIONS 10) 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! PHIL RUDNICK HEARD REGARDING OCCIDENTAL PETROLEUM-ELK HILLS PROPERTY ASSESSED VALUATION KERN COUNTY ASSESSOR-RECORDER JAMES FITCH HEARD REGARDING DETERMINATION OF MARKET VALUE OR BASE VALUE ON COMMERCIAL AND RESIDENTIAL PROPERTY PHILIPPINE CONSUL GENERAL MARIA HELLEN M. BARBER-DE LA VEGA INTRODUCED HERSELF TO THE BOARD AS THE CONSUL GENERAL WITH THE PHILIPPINE CONSULATE GENERAL IN LOS ANGELES, CALIFORNIA BOARD MEMBER ANNOUNCEMENTS OR REPORTS 11) 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 ANNOUNCED THE INTRODUCTION OF A LOW COST ANIMAL SPAY AND NEUTER PROGRAM WITH THE FIRST EVENT TO BE HELD IN LAMONT ON FEBRUARY 24, 2013 DEPARTMENTAL REQUESTS AGRICULTURE AND MEASUREMENT STANDARDS CA-12) Notification of retroactive Cooperative Agreement with California Department of Food and Agriculture for detection of Light Brown Apple Moth (Fiscal Impact: None) - RECEIVED AND FILED
Summary of Proceedings Page 4 CA-13) Proposed donation of surplus liquefied petroleum gas (LPG) volumetric provers to Butte County and Solano County Agricultural Commissioners (Fiscal Impact: None) - APPROVED; DIRECTED COUNTY COUNSEL TO PREPARE NOTICE OF INTENT; DIRECTED CLERK OF THE BOARD TO PUBLISH NOTICE CA-14) CA-15) Proposed retroactive Cooperative Agreement with California Department of Food and Agriculture for Glassy-winged Sharpshooter (GWSS) Program from January 1, 2013 through June 30, 2014, not to exceed $910,000 for the remainder of FY 2012-2013 and $910,000 for FY 2013-2014, for a total two year amount of $1,820,000 and authorize Agricultural Commissioner to sign in substantially the form submitted retroactive and future standard form Compliance Agreements pertaining to the GWSS Program (prior notification February 5, 2013) (Fiscal Impact: $910,000; State; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 091-2013; APPROVED STANDARD FORM COMPLIANCE AGREEMENT AND AUTHORIZED AGRICULTURAL COMMISSIONER TO SIGN RETROACTIVE AND FUTURE COMPLIANCE AGREEMENTS Proposed retroactive Agreement with California Department of Food and Agriculture for detection of exotic pests from July 1, 2012 through June 30, 2013, in an amount not to exceed $255,865 (prior notification February 5, 2013) (Fiscal Impact: $255,865; State; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 092-2013 CA-16) Proposed retroactive Memorandum of Understanding (MOU) with California Department of Food and Agriculture for enforcement of California Seed Law from July 1, 2012 through June 30, 2013, for a minimum amount of $100 (prior notification February 5, 2013) (Fiscal Impact: $100; State; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 093-2013 AIRPORTS CA-17) Contract No. 12042, Notice of Completion for Wasco Airport pavement construction with Burtch Construction (Fiscal Impact: None) - RECEIVED AND FILED ANIMAL CONTROL 18) Request to increase sole source Purchase Order with Intervet, Inc., operating as Merck Animal Health, Fiscal Year 2012-2013, by $55,000 for a new total amount not to exceed $120,000, for the purchase of microchips for animal identification (Fiscal Impact: $55,000; Budgeted; Mandated) - LIZ KEOGH HEARD; CONTINUED TO TUESDAY, FEBRUARY 26, 2013 AT 9:00 A.M. Couch-Perez: All Ayes
Summary of Proceedings Page 5 AUDITOR-CONTROLLER-COUNTY CLERK CA-19) Audit report of compliance and internal controls of Personnel Department for fiscal years ended June 30, 2012 and 2011 and department s response (Fiscal Impact: None) - RECEIVED AND FILED COUNTY COUNSEL CA-20) Request from the County Administrative Office 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 CA-21) Request from Arvin-Edison Water Storage District for Appointment of Directors for Divisions 1, 3, 5, and 7, pursuant to Water Code Section 41307 (Fiscal Impact: None) - ADOPTED RESOLUTION 2013-040 ORDERING APPOINTMENT OF RONALD R. LEHR AS DIRECTOR FOR DIVISION 1, HOWARD R. FRICK AS DIRECTOR FOR DIVISION 3, JOHN C. MOORE AS DIRECTOR FOR DIVISION 5, AND CHARLES FANUCCHI AS DIRECTOR FOR DIVISION 7 CA-22) Proposed Ordinance repealing Section 10.04.351, Chapter 10.04, Title 10, of the Kern County Ordinance Code eliminating a 40-mile-per-hour speed limit on Fruitvale Avenue, between Rosedale Highway and Charity Avenue, a distance of approximately 1,351 feet, Bakersfield; and adding Section 10.04.152 to Chapter 10.04, Title 10, of the Kern County Ordinance Code establishing a 35-mile-per-hour speed limit on Fruitvale Avenue, between Rosedale Highway and Charity Avenue, a distance of approximately 1,351 feet, Bakersfield (Fiscal Impact: None) - WAIVED READING; INTRODUCED ORDINANCE 23) Proposed Resolution providing for the issuance and sale of Panama-Buena Vista Union School District 2012-2013 Tax and Revenue Anticipation Notes in the aggregate principal amount not to exceed $33,000,000; and providing authorization to the County Treasurer-Tax Collector to execute the note purchase contract (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION 2013-041 Scrivner-Gleason: All Ayes FIRE DEPARTMENT CA-24) Proposed retroactive Agreement with City of Wasco for fire protection services and enforcement of State Fire Marshal Regulations, containing non-standard terms and conditions, from July 1, 2012 through June 30, 2032 (Fiscal Impact: $2,238,799 (contract value over five-year term); Fire Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 094-2013
Summary of Proceedings Page 6 CA-25) CA-26) Proposed retroactive Agreement with City of Taft for fire protection services and enforcement of State Fire Marshal Regulations, containing nonstandard terms and conditions, from July 1, 2012 through June 30, 2032 (Fiscal Impact: $2,174,790 (contract value over five-year term); Fire Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 095-2013 Proposed Agreement with City of California City to use Fire Safety Officers, as required, to provide standby services for motion picture, television, or commercial productions in California City, from February 19, 2013, for a five-year term (Fiscal Impact: $5,000 Revenue; Fire Fund; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 096-2013 CA-27) Request to appropriate unanticipated revenue in the amount of $80,000 from the State Fire Marshal, Joint Apprentice Committee (JAC) for the purchase of Target Solutions training software (Fiscal Impact: $80,000; State Fire Marshal; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS CA-28) Request for authorization to reimburse volunteers for travel expenses to attend the 2013 Statewide Community Emergency Response Team (CERT) Conference in Cerritos, California, from March 1 through 3, 2013, with grant funds in an amount not to exceed $10,000 (Fiscal Impact: $10,000; State Homeland Security Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS THE SPECIFIED ACCOUNTING TRANSACTIONS HUMAN SERVICES CA-29) Request to employ County employee, Kenneth L. McGee, as an Accountant III, Step E, for the period expiring June 30, 2013, or 960 hours, whichever occurs first (Fiscal Impact: $32,735; $29,101 Federal/State; $3,634 County; Budgeted; Discretionary) - APPROVED CA-30) Proposed approval of mid-year capital asset acquisition of two imaging servers, in a total amount not to exceed $22,000 (Fiscal Impact: $22,000; $19,558 Federal/State; $2,442 County; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS LIBRARY CA-31) Request to accept in-kind donation valued at $3,050 of the Muslim Journeys Bookshelf collection of books, CDs and database from American Library Association funded by the National Endowment for the Humanities (Fiscal Impact: None) - APPROVED
Summary of Proceedings Page 7 CA-32) Request for approval to accept funds to reimburse expenses of staff participation in Library Services Technology Act (LSTA) Staff Innovation Fund Project for staff training and development (Fiscal Impact: $5,000 Federal; Not Budgeted; Discretionary) - APPROVED PROBATION CA-33) Request approval of mid-year capital asset acquisition to purchase three replacement law enforcement sedans, three replacement compact vehicles, and one utility vehicle in the amount of $170,000 (Fiscal Impact: $170,000; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS NECESSARY BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS PUBLIC HEALTH SERVICES CA-34) Proposed Amendment No. 1 to Agreement 156-2006 with Delano Regional Medical Center for reimbursement for emergency response and surge capacity resources from February 19, 2013 through May 1, 2013, in an amount not to exceed $7,110 (Fiscal Impact: $7,110; Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 097-2013 CA-35) Proposed Amendment No. 3 to Agreement 162-2009 with Advanced Business Software, LLC for improved Laboratory Information Management System capability and to increase the amount payable by $31,250, for a new total amount not to exceed $577,629 (Fiscal Impact: $31,250; Laboratory Fees; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 098-2013 CA-36) CA-37) Request to appropriate unanticipated revenue from the California Department of Public Health for the Hospital Preparedness Program in the amount of $113,642 (Fiscal Impact: $113,642; Grant; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS Proposed addition of one Contracts Administration Assistant position and deletion of one Office Services Specialist and one Office Services Assistant positions, effective February 23, 2013, in Budget Unit 4110 (Fiscal Impact: $30,620 Annual Savings (FY 2012-2013 $10,740 Savings); Not Budgeted; Discretionary) - APPROVED; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE
Summary of Proceedings Page 8 PUBLIC HEALTH SERVICES Emergency Medical Services Division CA-38) Proposed Amendment No. 1 to Agreement 094-2008 with Hall Critical Care Transport Service, Inc., for a five-year extension of the term for air ambulance services in west Kern through February 28, 2018 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 099-2013 CA-39) Proposed Amendment No. 2 to Agreement 095-2008 with Mercy Air Service, Inc., for a change in the primary aircraft used to provide air ambulance services in east Kern and a five-year extension of the term through February 28, 2018 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 100-2013 PUBLIC HEALTH SERVICES Environmental Health Division CA-40) Proposed Amendment No. 1 to Agreement 592-2011 with the California Environmental Protection Agency for a nine month extension of the term of the implementation of the State mandated California Electronic Reporting System through December 31, 2013 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 101-2013 RECESSED TO 2:00 P.M. Scrivner /s/ Kathleen Krause Clerk of the Board /s/ Mike Maggard Chairman, Board of Supervisors