SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California BOARD RECONVENED Regular Meeting Tuesday, February 5, 2008 9:00 A.M. Supervisors: McQuiston, Maben, Maggard, Watson, Rubio ROLL CALL: All Present SALUTE TO FLAG - Led by Fourth District Supervisor Raymond A. Watson 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 Ann Batchelder for 30 years of service to the County of Kern - ADOPTED RESOLUTION; REFERRED TO BOARD OF TRADE FOR PREPARATION 2) Certificates of Recognition recognizing Jacob Chivington, Sunkist Growers, Inc., and Albertsons-Savon Store #6377 for their participation in the Sunkist Take a Stand project - MADE PRESENTATION TO JACOB CHIVINGTON; JIM SEBESTA, DIRECTOR OF GROWER RELATIONS, SUNKIST GROWERS; AND TEENA KELLY-FRANCO, STORE MANAGER, ALBERTSONS-SAVON STORE #6377 LOCATED AT ROSEDALE HIGHWAY AND ALLEN ROAD; DAVE PRICE, DIRECTOR, RESOURCE MANAGEMENT AGENCY, HEARD APPOINTMENTS CA-3) Appointment of Gerald L. Moseley, replacing John Gardner, as Second District member to the Commission on Aging, term to expire June 17, 2008 - MADE APPOINTMENT
Summary of Proceedings Page 3 NOTE: ITEM NO. 22 WAS HEARD PRIOR TO ITEM NO. 4 PUBLIC PRESENTATIONS 4) 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 THREE MINUTES. PLEASE STATE AND SPELL YOUR NAME BEFORE MAKING YOUR PRESENTATION. THANK YOU! DIANE LYNN ALLEN HEARD REGARDING PLACEMENT OF DUST ABATEMENT SIGNS IN RURAL AREAS OF RIDGECREST; FIRST DISTRICT SUPERVISOR JON MCQUISTON INDICATED HE WOULD WORK WITH MS. ALLEN REGARDING THIS ISSUE BOARD MEMBER ANNOUNCEMENTS OR REPORTS 5) 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 MABEN COMMENTED ON CONSENT AGENDA ITEM NO. 12 AND THANKED KERN COUNTY BOARD OF TRADE EXECUTIVE DIRECTOR RICK DAVIS, THE BOARD OF TRADE'S BOARD OF DIRECTORS AND FELLOW SUPERVISORS FOR FUNDING TOURISM, A GROWTH INDUSTRY IN KERN COUNTY DEPARTMENTAL REQUESTS AGING AND ADULT SERVICES CA-6) Proposed Amendment No. 1 to Agreement 316-2007 with California Department of Aging for Older American s Act Title III and VII Programs, to increase funding by $112,249, to an amount not to exceed $3,228,533; approve mid-year fixed asset acquisition of one (1) Ford Focus station wagon (Fiscal Impact: $112,249 FY 2007-2008; Federal; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 045-2008; AUTHORIZED DIRECTOR OF AGING AND ADULT SERVICES DEPARTMENT TO SIGN RELATED TRANSMITTAL DOCUMENTS; APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $112,249 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER FROM APPROPRIATIONS FOR CONTINGENCIES TO BUDGET UNIT 5610 IN THE AMOUNT OF $112,249
Summary of Proceedings Page 4 CA-7) Proposed Amendment No. 1 to Agreement 314-2007 with California Department of Aging for Health Insurance Counseling and Advocacy Program, to increase funding by $24,088, to an amount not to exceed $266,769 (Fiscal Impact: $24,088 FY 2007-2008; Federal; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 046-2008; AUTHORIZED DIRECTOR OF AGING AND ADULT SERVICES DEPARTMENT TO SIGN RELATED TRANSMITTAL DOCUMENTS; APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $24,088 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER FROM APPROPRIATIONS FOR CONTINGENCIES TO BUDGET UNIT 5610 IN THE AMOUNT OF $24,088 AGRICULTURE AND MEASUREMENT STANDARDS CA-8) CA-9) Notification of retroactive Agreement with California Department of Food and Agriculture for High Risk Pest Exclusion - Parcel Terminal Facilities (Fiscal Impact: None) - RECEIVED AND FILED Notification of retroactive Agreement with California Department of Food and Agriculture for Pest Detection/Emergency Projects (Fiscal Impact: None) - RECEIVED AND FILED CA-10) Proposed retroactive sole source Personal/Professional Services Agreement with Southern Valley Chemical Company, Inc., as Field Treatment Coordinator for Glassy-winged Sharpshooter/Pierce s Disease monitoring program, from July 1, 2007 through June 30, 2008, in an amount not to exceed $90,000 (prior notification January 8, 2008) (Fiscal Impact: $90,000; State; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 047-2008 BOARD OF SUPERVISORS 11) Request from Third District Supervisor Mike Maggard to reconsider the vote on the enactment of Ordinance G-7665 amending Section 2.06.010 of the Kern County Ordinance Code to provide for approval of Supervisorial District boundary changes by a four-fifths (4/5) vote - APPROVED REQUEST OF RECONSIDERATION OF ORDINANCE G-7665 Maggard-Watson: All Ayes RE-VOTE ON ENACTMENT OF ORDINANCE G-7665 McQuiston-Maben: 3 Ayes; 2 Noes - Maggard, Rubio BOARD OF TRADE CA-12) Proposed Tourism Promotion Grant Program award recommendations and grant agreement (Fiscal Impact: $250,000; Budgeted; Discretionary) - APPROVED AWARD RECOMMENDATIONS; APPROVED FORM GRANT AGREEMENT AND AUTHORIZED EXECUTIVE DIRECTOR OF BOARD OF TRADE TO SIGN AGREEMENT FOR EACH GRANTEE
Summary of Proceedings Page 5 CLERK OF THE BOARD CA-13) Request to rescind certain Departmental referrals by the Board for the purpose of updating the Board of Supervisors Referral Report (Fiscal Impact: None) - APPROVED; DIRECTED CLERK OF THE BOARD TO UPDATE REFERRAL REPORT AS RECOMMENDED COUNTY COUNSEL CA-14) Proposed Ordinance adding Section 10.04.169 to Chapter 10.04 of Title 10 of the Kern County Ordinance Code establishing a 35-mile-per-hour speed limit on Kendall Avenue between College Heights Boulevard and Gateway Boulevard (Fiscal Impact: None) - WAIVED READING; INTRODUCED ORDINANCE CA-15) Proposed Ordinance adding subsection (262) to Section 10.16.070 of Chapter 10.16, Title 10 of the Kern County Ordinance Code concerning a no stopping zone on the north side of Stockdale Highway (Fiscal Impact: None) - WAIVED READING; INTRODUCED ORDINANCE CA-16) Proposed Ordinance adding Section 10.04.234 to Chapter 10.04 of Title 10 of the Kern County Ordinance Code establishing a 35-mile-per-hour speed limit on Springer Avenue (Fiscal Impact: None) - WAIVED READING; INTRODUCED ORDINANCE 17) Proposed Ordinance amending Section 2.94.060 to Chapter 2.94 of Title 2 of the Kern County Ordinance Code regarding membership of governing board of Kern Health Authority and appointment of members to governing board (Fiscal Impact: None) - TERRY HILLIARD, CAROL SORRELL, EXECUTIVE DIRECTOR, KERN HEALTH SYSTEMS, AND MICHAEL TURNIPSEED, KERN COUNTY TAXPAYERS ASSOCIATION, HEARD; WAIVED READING; INTRODUCED ORDINANCE; APPOINTED ALAN BURGESS AS REPRESENTATIVE OF A HOSPITAL OUTSIDE CITY OF BAKERSFIELD, EFFECTIVE MARCH 14, 2008 FOR A TERM TO EXPIRE JUNE 30, 2010; REFERRED TO COUNTY COUNSEL TO REVIEW AND REPORT BACK TO THE BOARD CONCERNING KERN HEALTH SYSTEMS PROCEDURES FOR APPOINTMENT RECOMMENDATIONS TO THE KERN HEALTH AUTHORITY GOVERNING BOARD, INCLUDING INFORMATION ON THE ROLE OF THE BOARD OF SUPERVISORS WITH RESPECT TO KERN HEALTH SYSTEMS OVERSIGHT; REFERRED TO KERN HEALTH SYSTEMS AND COUNTY COUNSEL TO BRING BACK A REPORT ON THE ORGANIZATIONAL STRUCTURE OF KERN HEALTH SYSTEMS, CURRENT FINANCIAL STATUS, CONFLICT ISSUES AND PHYSICIAN REIMBURSEMENT RATES Maggard-Maben: All Ayes CA-18) Report on January 15, 2008 request for information regarding the process for federal recognition of Native American Tribal Status (Fiscal Impact: None) - RECEIVED AND FILED
Summary of Proceedings Page 6 CA-19) Report on November 27, 2007 request for information regarding the process to become a Charter County and the effects of having a County Charter (Fiscal Impact: None) - RECEIVED AND FILED EMPLOYERS TRAINING RESOURCE CA-20) Proposed Amendment No. 1 to Agreement 741-2007 with ARBOR E&T LLC, to reduce funding by $4,839, to an amount not to exceed $57,532 (Fiscal Impact: $4,839 Savings; Federal Grant; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 048-2008 FIRE DEPARTMENT 21) Report on 2007 Kern County Cares canned food drive (Fiscal Impact: None) - MADE PRESENTATIONS TO DAPHNE HARLEY AND PATTY RAMIREZ, WASTE MANAGEMENT DEPARTMENT AND DAVE PRICE, TINA BURKE, GILBERT GREGORY AND SKYE PHINNEY, RESOURCE MANAGEMENT AGENCY; KERN COUNTY FIRE CHIEF DENNIS THOMPSON, DAPHNE HARLEY, DAVE PRICE, TINA BURKE AND PAM FIORINI, EXECUTIVE DIRECTOR, GOLDEN EMPIRE GLEANERS, HEARD; RECEIVED AND FILED Maben-Watson: All Ayes NOTE: ITEM NO. 22 WAS HEARD PRIOR TO ITEM NO. 4 HUMAN SERVICES 22) Request to accept in-kind donation from The Industrial Company for children s toys and clothing for the A. Miriam Jamison Children s Center, in the amount of $4,000 (Fiscal Impact: None) - CARL GUILFORD, PROGRAM DIRECTOR, A. MIRIAM JAMISON CHILDREN S CENTER, THANKED THE INDUSTRIAL COMPANY (TIC) REPRESENTATIVES, KIMBERLY KOM, DIRECTOR OF HUMAN RESOURCES, AND KELLY LONAS, TIC RECRUITER AND COMMUNITY SERVICES DIRECTOR; CARL GUILFORD AND KIMBERLY KOM, HEARD; APPROVED; AUTHORIZED CHAIRMAN TO SIGN LETTER OF APPRECIATION Maben-Watson: All Ayes CA-23) CA-24) Proposed sole source Agreement with the Housing Authority of the County of Kern (HACK) for the Family Self-Sufficiency (FSS) Program, from February 5, 2008 through December 31, 2008, in an amount not to exceed $43,700 (Fiscal Impact: $43,700; $36,708 Federal/State; $6,992 County; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 049-2008 Proposed Agreement with Moss Beach Homes, Inc., for Adoptive Home Study Services, from February 5, 2008 through October 31, 2008 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 050-2008
Summary of Proceedings Page 7 CA-25) Unusual travel request for Assistant Program Director Cari Drake to attend E-Learning Training in Bellevue Washington, from March 17, 2008 to March 27, 2008, in an amount not to exceed $8,500 (Fiscal Impact: $8,500; $7,140 Federal/State; $1,360 County; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN KERN MEDICAL CENTER CA-26) Proposed Amendment No. 1 to Agreement 077-2006 with Shabbir A. Shakir, M.D., an independent contractor, for urology coverage in the Department of Surgery, increasing maximum payable by $20,000, from $44,000 to $64,000 (Fiscal Impact: $20,000 FY 2007-2008; KMC Enterprise Fund; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 051-2008 CA-27) Proposed Agreement with Sudhir Patel, M.D., Inc., an independent contractor, for services as medical director of the neonatal intensive care unit, from February 8, 2008 through February 7, 2010, in an amount not to exceed $50,000 (Fiscal Impact: $50,000 ($12,500 FY 2007-2008); KMC Enterprise Fund; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 052-2008 LIBRARY CA-28) Request to employ Russell Liesch, currently employed by Mental Health Department, as an extra help Business Manager, for eight (8) hours per week, for a period not to exceed nine (9) months, effective February 5, 2008 (Fiscal Impact: $10,693; Not Budgeted; Discretionary) - APPROVED PARKS AND RECREATION DEPARTMENT CA-29) Proposed retroactive Amendment No. 1 to Personal Professional Services Agreement with National Marine Safety Center to include cost of additional participants attending rescue boat operations training, in the amount of $3,300.50, effective November 8, 2007 (Fiscal Impact: $3,300.50; Budgeted; Discretionary) - APPROVED; AUTHORIZED PURCHASING AGENT TO SIGN; AUTHORIZED AUDITOR-CONTROLLER TO PAY PROBATION CA-30) Request to establish mid-year fixed asset account for the purchase of two (2) heated banquet carts with serving trays, in an amount not to exceed $17,000 (Fiscal Impact: $17,000; Not Budgeted; Discretionary) - APPROVED; APPROVED BUDGET TRANSFER
Summary of Proceedings Page 8 PUBLIC HEALTH SERVICES 31) Proposed organizational changes and creation of one (1) Director of Health Assessments and Epidemiology position; proposed addition of one (1) Special Projects Manager position, one (1) Program Coordinator position, one (1) Accountant I/II position, two (2) Fiscal Support Technician positions, and one (1) Departmental Analyst position; and deletion of one (1) Deputy Public Health Officer position, one (1) Administrative Coordinator position, and two (2) Public Health Aide positions, effective February 5, 2008 (Fiscal Impact: $351,854; County; $43,133; State Grant; Budgeted; Discretionary) - APPROVED; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE Watson-Maggard: All Ayes CA-32) CA-33) CA-34) Response to referral on February 6, 2007 regarding the Get Moving Kern Program and referral on September 11, 2007 on reconvening the West Nile Virus Task Force (Fiscal Impact: None) - RECEIVED AND FILED Request to establish mid-year fixed-asset account for the purchase of a computer server, in an amount not to exceed $6,500 (Fiscal Impact: $6,500; Budgeted; Discretionary) - APPROVED; APPROVED BUDGET TRANSFER Proposed Agreement with San Diego State University Foundation for Kids Plates Program, for child passenger safety services, from April 1, 2008 through June 30, 2008, in an amount not to exceed $1,600 (prior notification January 15, 2008) (Fiscal Impact: $1,600 Revenue; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 053-2008; APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $1,600 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER IN THE AMOUNT OF $1,600 FROM APPROPRIATIONS FOR CONTINGENCIES TO BUDGET UNIT 4110 SHERIFF CA-35) Request sole source Purchase Order with Proforce Law Enforcement for the purchase of Taser Electro Muscular Disruption Devices, in the amount of $40,000 (Fiscal Impact: $40,000; General Fund; Budgeted; Discretionary) - APPROVED
Summary of Proceedings Page 9 CA-36) Application to hold a parade - Kernville Chamber of Commerce - 51st Annual Whiskey Flat Day s Parade on Saturday, February 16, 2008, in Kernville (Fiscal Impact: None) - FOUND THAT THE SHERIFF HAS NOTED HIS APPROVAL ON THE PERMIT AND THAT THE PARADE WILL NOT RESULT IN THE UNDUE OR UNMANAGEABLE OBSTRUCTION OR HINDRANCE OF TRAFFIC ON THE HIGHWAY WHERE IT IS TO BE HELD; WILL NOT LEAD TO BREACH OF THE PEACE, PROPERTY DAMAGE, OR OTHER DISORDERLY OR UNLAWFUL CONDUCT; WILL NOT CONFLICT WITH OTHER PARADES PREVIOUSLY GRANTED PERMITS, AND THAT THE SHERIFF HAS FACILITIES TO PROPERLY SUPERVISE THE PARADE; APPROVED; AUTHORIZED CHAIRMAN TO SIGN CA-37) CA-38) Unusual travel request for Aircraft Mechanic Edmund Esparza to attend the Bell 206b Field Maintenance Course in Fort Worth, Texas, from February 17, 2008 to March 1, 2008, in an amount not to exceed $8,570 (Fiscal Impact: $8,570; Budgeted; Discretionary) - APPROVED Proposed addition of one (1) Chief Deputy Sheriff position, one (1) Senior Office Services Specialist position, and deletion of one (1) Sheriff s Commander position and one (1) Sheriff s Lieutenant position, effective February 5, 2008 (Fiscal Impact: $31,600 FY 2007-2008 Savings; Sustained Yearly Savings $79,000; Budgeted; Discretionary) - APPROVED; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE CA-39) Request to appropriate unanticipated revenue from U.S. Department of Justice, Office of Community Oriented Policing Services for the Law Enforcement Technology Program (Fiscal Impact: $60,690; Federal Grant; Not Budgeted; Discretionary) - APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $60,690 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER IN THE AMOUNT OF $60,690 FROM APPROPRIATIONS FOR CONTINGENCIES TO BUDGET UNIT 2210 CA-40) Request transfer of $104,000 from Sheriff s State Asset Forfeiture Trust Fund 22137, $100,000 from Abandoned Property Trust Fund 24005, and $114,000 from High Tech Equipment Trust Fund 22163, to purchase Digital Radio Equipment (Fiscal Impact: $318,000; Not Budgeted; Discretionary) - APPROVED APPROPRIATION OF UNANTICIPATED REVENUE FROM SHERIFF'S STATE ASSET FORFEITURE TRUST FUND #22137 IN THE AMOUNT OF $104,000 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED APPROPRIATION OF UNANTICIPATED REVENUE FROM ABANDONED PROPERTY TRUST FUND #24005 IN THE AMOUNT OF $100,000 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED APPROPRIATION OF UNANTICIPATED REVENUE FROM HIGH TECH EQUIPMENT TRUST FUND #22163 IN THE AMOUNT OF $114,000 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER IN THE AMOUNT OF $318,000 FROM APPROPRIATIONS FOR CONTINGENCIES TO BUDGET UNIT 2210 ADJOURNED TO CLOSED SESSION Maben
Summary of Proceedings Page 10 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 41) Request for Closed Session regarding conference with designated labor negotiators, Ronald M. Errea, County Administrative Officer, and designated staff - Employee organizations: SEIU Local 521, Kern County Fire Fighters Union, Kern County Probation Officers Association, Kern County Prosecutors Association (Government Code Section 54957.6) - NO REPORTABLE ACTION TAKEN 42) Request for Closed Session regarding public employee evaluation - Title: County Administrative Officer (Government Code Section 54957) - CONTINUED TO TUESDAY, FEBRUARY 12, 2008 AT 9:00 A.M. COUNTY COUNSEL 43) Request for Closed Session regarding significant exposure to litigation against the County based on facts and circumstances known to potential plaintiff (Government Code Section 54956.9(b)(3)(B)) - NO REPORTABLE ACTION TAKEN RECONVENED FROM CLOSED SESSION; RECESSED TO 2:00 P.M. Maben-McQuiston /s/ Kathleen Krause Clerk of the Board /s/ Michael J. Rubio Chairman, Board of Supervisors