SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, October 6, 2015 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 Maggard, Scrivner, and Perez); Southern California Water Committee (Supervisors Couch and Maggard); and Tobacco Funding Corporation, Kern County (Supervisors Couch and Perez). BOARD RECONVENED Supervisors: Gleason, Scrivner, Maggard, Couch, Perez ROLL CALL: All Present SALUTE TO FLAG - Led by Billy Seta, Korean and Vietnam War veteran, U.S. Army (Retired) 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 CA-1) Resolution honoring Jennifer Wagner, Department of Child Support Services, upon her retirement with 30 years of dedicated service to the County of Kern - ADOPTED RESOLUTION CA-2) Resolution honoring Sheriff s Deputy Cabrini Leathers, Sheriff s Office, upon her retirement with 26 years of dedicated service to the County of Kern - ADOPTED RESOLUTION CA-3) Resolution honoring Sheriff s Deputy Michael Forse, Sheriff s Office, upon his retirement with 28 years of dedicated service to the County of Kern - ADOPTED RESOLUTION
Summary of Proceedings AM Page 2 4) Proclaim October 10-16, 2015 as Korean War Veterans Week in Kern County - PROCLAIMED; MADE PRESENTATION TO MIKE SABOL, PRESIDENT, KOREAN WAR VETERANS ASSOCIATION CHAPTER 211, WHO INTRODUCED KOREAN WAR VETERANS ASSOCIATION MEMBERS PRESENT; DICK TAYLOR, DIRECTOR, VETERANS' SERVICE DEPARTMENT, INTRODUCED YOUNG-WOO PARK AND EUN-JA PARK, KOREAN AMERICAN ASSOCIATION OF BAKERSFIELD; MIKE SABOL, DICK TAYLOR, YOUNG-WOO PARK AND EUN-JA PARK, HEARD Maggard-Gleason: All Ayes APPOINTMENTS CA-5) Reappointment of Farrell F. Neeley as At-large Member to the South Kern Cemetery District, term to expire December 10, 2018 - MADE REAPPOINTMENT CA-6) Appointment of Ericka K. Buckreis as At-large Member to the Eastern Kern County Resource Conservation District, term to expire November, 2016 - MADE APPOINTMENT CA-7) Reappointment of Doris A. Duquette as Second District Member to the Commission on Aging, term to expire September 29, 2017 - MADE REAPPOINTMENT CA-8) Appointment of Bruce C. Jay as Fourth District Member to the Kern Asset Leasing Corporation, term to expire December 6, 2018 - MADE APPOINTMENT PUBLIC PRESENTATIONS 9) 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! KATE EUCCE, CHIEF EXECUTIVE OFFICER, ALZHEIMER'S ADULT DAY SERVICES PROGRAM, ALZHEIMER'S DISEASE ASSOCIATION OF KERN COUNTY, HEARD REGARDING THE ASSOCIATION'S CAPITAL CAMPAIGN PROGRAM AND GROUND BREAKING FOR THE ADULT DAY SERVICES FACILITY ON OCTOBER 28, 2015 IN BAKERSFIELD DISTRICT ATTORNEY LISA GREEN HEARD REGARDING IMPLEMENTATION OF THE DOMESTIC VIOLENCE DIVERSION PROGRAM AND SITE LOCATION FOR THE FAMILY JUSTICE CENTER BOARD MEMBER ANNOUNCEMENTS OR REPORTS 10) 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
Summary of Proceedings AM Page 3 DEPARTMENTAL REQUESTS AGING AND ADULT SERVICES CA-11) Proposed retroactive Agreement (State Agreement No. HI-1516-33) with California Department of Aging to provide Health Insurance Counseling and Advocacy Program from July 1, 2015 through June 30, 2016, in an amount not to exceed $300,838 (Fiscal Impact: $300,838; Federal $124,416; State $176,422; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 750-2015; AUTHORIZED DIRECTOR OF AGING AND ADULT SERVICES DEPARTMENT TO SIGN ALL RELATED STATE TRANSMITTAL AND BUDGETARY DOCUMENTS AIRPORTS CA-12) Proposed retroactive payroll correction for Airport Police Officer Paul Alderete in the amount of $618.96 due to incorrect benefit amount paid for uniform allowance beginning June 26, 2008 through September 5, 2014 (Fiscal Impact: $618.96; Airports Enterprise Fund; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PAY COUNTY COUNSEL CA-13) Proposed Ordinance adding subsection (10) to Section 10.16.090 of the Kern County Ordinance Code establishing a no-parking zone along the north side of DiGiorgio Road beginning 152 feet east of the May Street monument, then east a distance of 118 feet, Bakersfield (Fiscal Impact: None) - WAIVED READING; INTRODUCED ORDINANCE CA-14) Proposed Ordinance adding subsection (2) to Section 10.16.085 of the Kern County Ordinance Code establishing a no-parking zone along the north side of Kneale Avenue beginning 66 feet west of the west gutter line extension of Lake Isabella Boulevard, then west a distance of 115 feet, Lake Isabella (Fiscal Impact: None) - WAIVED READING; INTRODUCED ORDINANCE CA-15) Request from Assessor-Recorder 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 DISTRICT ATTORNEY CA-16) Proposed retroactive Amendment No. 5 to Agreement 205-2009 with Women s Center High Desert, Inc., to provide victim advocate services extending the term from July 1, 2015 through June 30, 2016, and increasing maximum compensation by $21,165, for a new total amount not to exceed $163,847 (Fiscal Impact: $21,165 State and Federal Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 751-2015
Summary of Proceedings AM Page 4 CA-17) Proposed Grant Agreement with the Department of Justice for the 2015 DNA Backlog Reduction Grant from January 1, 2016 through December 31, 2017, in an amount not to exceed $295,179, with no required County match (Fiscal Impact: $295,179 Revenue; Federal Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 752-2015 CA-18) Proposed retroactive sole source purchase order, containing modified terms and conditions, with Life Technologies, Inc., for the purchase of supplies to conduct DNA analysis in criminal cases from July 1, 2015 through June 30, 2016, in an amount not to exceed $95,000 (Fiscal Impact: $95,000; Budgeted; Discretionary) - APPROVED; AUTHORIZED PURCHASING AGENT TO ISSUE PURCHASE ORDER FIRE DEPARTMENT 19) Appeal by Richard Arthur Kurwitz III to contest administrative order issued by department hearing officer to uphold Administrative Citation 1754 for use of illegal fireworks (Fiscal Impact: $1,500 Administrative Fee Revenue; Fire Fund; Not Budgeted; Discretionary) - OPENED APPEAL HEARING; RICHARD KURWITZ HEARD; CLOSED HEARING; ADOPTED RESOLUTION 2015-280 DENYING APPEAL Gleason-Scrivner: All Ayes 20) Appeal by Dennis Rodriguez to contest administrative order issued by department hearing officer to uphold Administrative Citation 1227 for use of illegal fireworks (Fiscal Impact: $1,500 Administrative Fee Revenue; Fire Fund; Not Budgeted; Discretionary) - OPENED APPEAL HEARING; DENNIS RODRIGUEZ HEARD; CLOSED HEARING; ADOPTED RESOLUTION 2015-281 DENYING APPEAL WITH A MODIFICATION TO THE ADMINISTRATIVE PENALTY IMPOSED, REDUCING THE AMOUNT FROM $1,500 TO $750 Gleason-Perez: All Ayes 21) Appeal by Candido Costa to contest administrative order issued by department hearing officer to uphold Administrative Citation 2051 for use of illegal fireworks (Fiscal Impact: $1,500 Administrative Fee Revenue; Fire Fund; Not Budgeted; Discretionary) - OPENED APPEAL HEARING; CANDIDO COSTA HEARD; CLOSED HEARING; ADOPTED RESOLUTION 2015-282 DENYING APPEAL Maggard-Scrivner: 4 Ayes; 1 No - Couch KERN MEDICAL CENTER CA-22) Proposed appropriation of unanticipated revenue from the Kern Health Systems (KHS) Excess Reserve Fund in an amount not to exceed $60,912 in Budget Unit 8997 for the mid-year capital asset purchase of ophthalmic equipment, and cancellation of designations in Fund 00211, Budget Unit 8213 - KHS Excess Reserve in the amount of $60,912 (Fiscal Impact: $60,912; KHS Excess Reserve; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS
Summary of Proceedings AM Page 5 CA-23) CA-24) CA-25) Proposed Amendment No. 3 to Agreement for Professional Services-Locum Tenens 00313 with J. Chandrasekhar, Inc., an independent contractor, for asneeded coverage in the Department of Medicine, extending the term by one year from October 15, 2015 through October 14, 2016, and increasing the maximum payable by $400,000, from $1,000,000 to $1,400,000, to cover the extended term (Fiscal Impact: $400,000 [FY 2015-2016 $284,932]; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 753-2015 Proposed retroactive Amendment No. 1 to Agreement 677-2014 with Children s Hospital Los Angeles Medical Group, Inc., an independent contractor, for retinopathy of prematurity screening and related ophthalmic services in the Department of Surgery, extending the term by one year from August 12, 2015 through August 11, 2016, and increasing the maximum payable by $110,000, from $110,000 to $220,000, to cover the extended term (Fiscal Impact: $110,000 [FY 2015-2016 $97,644]; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 754-2015 Proposed sole brand Agreement with Ethicon US, LLC, an independent contractor, containing non-standard terms and conditions, for Harmonic procedural ultrasound scalpel devices from October 12, 2015 through October 31, 2018, in an amount not to exceed $225,000 (Fiscal Impact: $225,000 [FY 2015-2016 $54,041]; KMC Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 755-2015 PROBATION CA-26) Proposed retroactive sole source Agreement with National Toxicology Lab, Inc., for drug and alcohol testing services from September 1, 2015 through June 30, 2016, in an amount not to exceed $200,000 (Fiscal Impact: $200,000; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 756-2015 PUBLIC HEALTH SERVICES 27) Presentation on the Kern County Child Death Review Team s 2014 annual report (Fiscal Impact: None) - HEARD PRESENTATION; RECEIVED AND FILED; DIRECTED PUBLIC HEALTH SERVICES TO RETURN TO THE BOARD IF ASSISTANCE IS NEEDED TO PROVIDE SUPPLIES FOR SAFE SLEEPING Maggard-Gleason: All Ayes PUBLIC HEALTH SERVICES - Environmental Health Division CA-28) Request for authorization to use funds for the tobacco retailer s permit 2015 compliance check project, in the amount of $1,500 (Fiscal Impact: $1,500; State; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR- CONTROLLER TO PAY
Summary of Proceedings AM Page 6 SHERIFF CA-29) CA-30) Proposed Agreement with Kern County Racing Association, dba Famoso Raceway for law enforcement services at the 2015 California Hot Rod Reunion from October 23 through October 25, 2015, in an amount not to exceed $7,153 (Fiscal Impact: $7,153; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 757-2015 Proposed Agreement with the Bakersfield Professional Sports LLC, for supplemental law enforcement services during the 2015-2016 National Basketball Association Development League from October 7, 2015 through September 30, 2016, in an amount not to exceed $12,474 (Fiscal Impact: $12,474; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 758-2015 ADJOURNED TO CLOSED SESSION Gleason 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 COUNSEL 31) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section 54956.9(d)(4)) Number of cases: One (1) Based on existing facts and circumstances, the Board of Supervisors has decided to initiate or is deciding whether to initiate litigation - SEE RESULTS OF CLOSED SESSION AT BEGINNING OF 2:00 P.M. SESSION 32) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) County of Kern, et al. v. Tiger Vitality Collective, et al., Kern County Superior Court S-1500-CV-283514 DRL - 33) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) County of Kern, et al. v. Organic Health Solutions, Inc., et al., Kern County Superior Court S-1500-CV-282022 DRL - 34) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) County of Kern, et al. v. Natural Treatment, et al., Kern County Superior Court S-1500-CV-283516 DRL - NO 35) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) County of Kern, et al. v. T.C.E.F., Inc., et al., Kern County Superior Court S-1500-CV-282021 DRL - NO 36) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) County of Kern, et al. v. Dasa Green River Collective, et al., Kern County Superior Court S-1500-CV- 282024 -
Summary of Proceedings AM Page 7 37) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) County of Kern, et al. v. Taft Highway Collective, et al., Kern County Superior Court S-1500-CV-283521-38) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) County of Kern, et al. v. Patient Wellness Clinic, et al., Kern County Superior Court S-1500-CV-283836 - NO 39) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) County of Kern, et al. v. Knotts Street Collective, et al., Kern County Superior Court BCV-15-100535 DRL - 40) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) County of Kern, et al. v. Edison Highway Collective, et al., Kern County Superior Court BCV-15-100774 SPC - 41) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) County of Kern, et al. v. Tender Leaf Remedies, Inc., et al., Kern County Superior Court S-1500-CV-283840-42) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) County of Kern, et al. v. Backyard Organics, et al., Kern County Superior Court S-1500-CV-100446 DRL - NO 43) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) County of Kern, et al. v. Organic Caregivers Center, et al., Kern County Superior Court S-1500-CV-283831-44) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section 54956.9(d)(4)) Number of cases: Six (6) Based on existing facts and circumstances, the Board of Supervisors has decided to initiate or is deciding whether to initiate litigation - NO REPORTABLE ACTION TAKEN RECONVENED FROM CLOSED SESSION; RECESSED TO 2:00 P.M. Gleason-Perez /s/ Kathleen Krause Clerk of the Board /s/ David Couch Chairman, Board of Supervisors