SUMMARY OF PROCEEDINGS



BOARD OF SUPERVISORS - COUNTY OF KERN



1115 Truxtun Avenue

Bakersfield, California



Regular Meeting

Monday, November 9, 1998



2:00 P.M.



BOARD RECONVENED

Supervisors: McQuiston, Perez, Patrick, Peterson, Parra

ROLL CALL: All Present



SALUTE TO FLAG - Led by Supervisor Patrick



NOTE: Mc, Pz, Pa, Pe, Pr are abbreviations for Supervisors McQuiston, Perez, Patrick, Peterson, and Parra, respectively. For example, Pa-Pe denotes Supervisor Patrick made the motion and Supervisor Peterson seconded it. The abbreviation (Ab) means absent, and (Abd) abstained.



CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: ALL ITEMS LISTED WITH AN ASTERISK (*) OR A NUMBER SIGN (#) WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION.



BOARD ACTION SHOWN IN CAPS

PUBLIC PRESENTATIONS
1) 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 YOUR NAME BEFORE MAKING YOUR PRESENTATION. THANK YOU! - NO ONE HEARD


BOARD MEMBER ANNOUNCEMENTS OR REPORTS
2) 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
HEARINGS


RESOURCE MANAGEMENT AGENCY



Community Development Program Department





Pe-Mc

All Ayes





*3)
S.D. #5

Cancellation of Two Activities and Amendment of Two Other Activities in the FY 1991-92 Community Development Objectives and Projected Use of Funds Program, and the FY 1996-97 and FY 1997-98 Annual Action Plans for Community Development Programs - FUNDING: $50,000, CDBG, Budgeted, FY 1991-92 - Activity #8.91.1: Cancel; $149,750, CDBG, Budgeted, FY 1996-97 - Activity #8.96.2: Cancel; $298,100, CDBG, Budgeted, Fy 1996-97 - Activity #29.96.1: Amend; $158,300, CDBG, Budgeted, FY 1997-98 - Activity #29.97.4: Amend - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; DIRECTED ANY NECESSARY CHANGE TO REQUESTED AMENDMENTS;



APPROVED CANCELLATION OF CD ACTIVITY #8.91.2 - COTTONWOOD ROAD IMPROVEMENTS (PHASE I) AND TRANSFER REMAINING BALANCE OF $15,491.84 TO CD ACTIVITY #29.96.1 - PANAMA ROAD E/W SUMP FLOOD MITIGATION IMPROVEMENTS;



APPROVED CANCELLATION OF CD ACTIVITY #8.96.2 - COTTONWOOD ROAD IMPROVEMENTS (PHASE II) AND TRANSFER REMAINING BALANCE OF FUNDS ($148,396.43) TO CD ACTIVITY #19.96.1 - PANAMA ROAD E/W SUMP FLOOD MITIGATION IMPROVEMENTS;



APPROVED REVISION OF CD ACTIVITY #29.97.4 - CALIENTE CREEK ALERT FLOOD WARNING SYSTEM IMPROVEMENTS BY TRANSFERRING $136,000 CDBG FUNDS TO CD ACTIVITY #29.96.1, DECREASING CDBG BUDGET TO $22,300;



APPROVED REVISION OF CD ACTIVITY #29.96.1 - PANAMA ROAD E/W SUMP FLOOD MITIGATION IMPROVEMENTS (MULTI-PHASE/PHASE I - ACQUISITION, DESIGN AND CONSTRUCTION) BY TRANSFERRING $136,000 FROM CD ACTIVITY #29.97.4, AND $163,888.27 FROM COTTONWOOD ROAD IMPROVEMENTS ACTIVITY (CD #8.91.2 AND #8.96.2), INCREASING CDBG BUDGET TO $597,988.27, AND MODIFYING ACTIVITY TO SWITCH R/W ACQUISITION AND CURB/GUTTER/STREET IMPROVEMENT DESIGN ON PANAMA ROAD WEST OF WEEDPATCH HIGHWAY TO R/W ACQUISITION AND DESIGN AND CONSTRUCTION OF CURB/GUTTER/STREET AND RELATED DRAINAGE IMPROVEMENTS ON PANAMA ROAD EAST OF WEEDPATCH HIGHWAY, AND ADDING DESIGN OF CURBS, GUTTERS, STREET AND RELATED DRAINAGE IMPROVEMENTS ALONG PORTIONS OF GILBERT, HOWARD, STOBAUGH STREETS AND PANAMA ROAD WEST OF WEEDPATCH HIGHWAY; AND



AUTHORIZED NECESSARY COUNTY AND HUD BUDGET ADJUSTMENTS AND TRANSFERS; AUTHORIZED COMMUNITY DEVELOPMENT PROGRAM DEPARTMENT DIRECTOR TO SUBMIT ALL DOCUMENTATION RELATED TO AMENDMENTS AND REVISIONS TO HUD

RESOURCE MANAGEMENT AGENCY



Planning Department

Mc-Pz

All Ayes

4) Request from Carl Gene Lafond by Robert Forrest to change the permitted uses from Highway Commercial to General Commercial and to allow the development of a miniwarehouse facility with outside storage on 3.43 acres located at the southwest corner of Sierra Way and Bowman Road, Lake Isabella. (SD 1)

Specific Request:

(a) A change in zone classification from CH to C-2 H or a more restrictive district (ZCC #10, Map #17-22); and

(b) A Conditional Use Permit to allow the development of a miniwarehouse facility with outside storage (CUP #20, Map #17-22)

(Negative Declaration; Published Kern Valley Sun) - (Tape 1862) OPENED HEARING; NO ONE HEARD; CLOSED HEARING; ADOPTED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTIONS 98-353 AND 98-354 AND ENACTED ORDINANCE G-6542 APPROVING ZONE CHANGE AS REQUESTED, AND APPROVING CONDITIONAL USE PERMIT SUBJECT TO REVISED CONDITIONS

Pe-Mc

All Ayes

*5) Request from Wesley and Brenda Unfried to change the permitted uses from 5-acre Residential to 2 1/2-acre Residential to allow one additional dwelling unit on five acres located at 19749 Backes Lane, Tehachapi. (SD 2)

Specific Request:

A change in zone classification from E (5) RS to E (2 1/2) RS or a more restrictive district (ZCC #60, Map #165)

(General Rule, Section 15061(b)(3); Published Tehachapi News) - (Tape 1862) OPENED HEARING; NO ONE HEARD; CLOSED HEARING; ADOPTED RESOLUTION 98-355 AND ENACTED ORDINANCE G-6543 APPROVING ZONE CHANGE AS REQUESTED

Pe-Mc

All Ayes

*6) Request from Charlotte Brock by Richard Carr to change the permitted uses from Agriculture to One-acre Residential, to exclude approximately 20.13 acres from an Agricultural Preserve, and to approve a tract dividing a 20.13-acre parcel into 14 one-acre lots located at the northeast corner of Stockdale Highway and Nord Road, west Bakersfield area. (SD 3)

Specific Request:

(a) A change in zone classification from A to E (1) RS or a more restrictive district (ZCC #119, Map #101);

(b) Exclusion of approximately 20.13 acres from an Agricultural Preserve (Ag Pres #10 - Excl); and

(c) A tentative tract map proposing to divide a 20.13-acre parcel into 14 one-acre single-family residential lots; variances to the Land Division Ordinance to allow private access and a flag lot (TR #5883)

(Negative Declaration; Published Bakersfield Californian) - (Tape 1862) OPENED HEARING; NO ONE HEARD; CLOSED HEARING; ADOPTED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTIONS 98-356, 98-357 AND 98-358 AND ENACTED ORDINANCE G-6544 APPROVING ZONE CHANGE TO BECOME EFFECTIVE UPON RECORDATION OF THE FINAL TRACT MAP, AND APPROVING TENTATIVE TRACT SUBJECT TO CONDITIONS



Pe-Mc

All Ayes

*7) Request from Stockdale Downs by Maurice Etchechury to redesign Tract 5875, Phase II, to include an alignment for the Kern River Freeway and to change from 17 to 14 one-acre single-family residential lots on 20 acres located at the northeast corner of Heath Road and Stockdale Highway, Rosedale area. (SD 3)

Specific Request:

A redesign for dedication of right-of-way of the Kern River Freeway for Phase II of approved Tentative Tract 5875 proposing 14 one-acre single-family residential lots; variance to the Land Division Ordinance to allow lot depths in excess of three times the width (TR #5875, Phase II (Revised))

(Negative Declaration; Published Bakersfield Californian) - (Tape 1862) CONTINUED TO MONDAY, NOVEMBER 23, 1998, AT 2:00 P.M.

Pe-Mc

All Ayes

*8) Request from Burns Bros., Inc., to change the permitted uses from Commercial to Industrial to permit cargo containers to be kept on the existing truck stop site on approximately 16 acres located at 14814 Aloma Street, Lost Hills. (SD 4)

Specific Request: A change in zone classification from C-2 PD to M-1 PD (ZCC #22, Map #52)

(General Rule, Section 15061(b)(3); Published Wasco Tribune) - (Tape 1862) OPENED HEARING; NO ONE HEARD; CLOSED HEARING; ADOPTED RESOLUTION 98-359 AND ENACTED ORDINANCE G-6545 APPROVING ZONE CHANGE AS REQUESTED

Pe-Mc

All Ayes

*9) Request from Fruitvale Automotive by Alta Engineering/ Hughes Surveying to vacate a portion of vehicular access located on the west side of Fruitvale Avenue, south of Meany Avenue, Rosedale area. (SD 3)

Specific Request: Nonsummary Vacation of a portion of dedicated rights of vehicular access (102-21 3 098 Streets and Highways)

(General Rule, Section 15061(b)(3); Published Bakersfield Californian) - (Tape 1862) OPENED HEARING; NO ONE HEARD; CLOSED HEARING; ADOPTED RESOLUTION 98-360 APPROVING VACATION RESERVING AND ACCEPTING APPROPRIATE UTILITY EASEMENTS WITH RESOLUTION TO BE RECORDED UPON WRITTEN CONFIRMATION FROM THE PLANNING DIRECTOR TO THE CLERK OF THE BOARD THAT ADEQUATE ACCESS RIGHTS SERVING PARCEL 5 OF PARCEL MAP 7756 HAVE BEEN DEDICATED

DEPARTMENTAL REQUESTS



RESOURCE MANAGEMENT AGENCY



Planning Department









Pe-Mc

All Ayes









*10)
Land Use

S.D. #3



Request from James Bryan Batey for Three-Year Extension of Time for Tract 5625, Southwest corner of Jewetta Avenue and Kratzmeyer Road, Rosedale area - APPROVED THREE YEAR EXTENSION OF TIME TO RECORD FINAL MAP FROM FEBRUARY 22, 1999 TO FEBRUARY 22, 2002 SUBJECT TO CONDITIONS APPROVED BY YOUR BOARD ON FEBRUARY 22, 1993

RESOURCE MANAGEMENT AGENCY



Planning Department









Pe-Mc

All Ayes









*11)
Miscellaneous

S.D. #2



Request from Hayel and Maher Hawatmeh for Determination of Public Convenience for the Issuance of an Off-Sale Beer and Wine License at 3000 Sierra Highway, Rosamond, pursuant to the Alcohol Beverage Control Act, Section 23958 of the Business and Professions Code - APPROVED; ADOPTED RESOLUTION 98-361





Pa-Pz

All Ayes





12)
S.D.'s #1, #3, #4

Request from North Bakersfield Recreation and Park District to adopt a new Chapter 17.70 of the Kern County Ordinance Code establishing an Impact Fee of $615.00 per dwelling unit on new residential development to be used by North Bakersfield Recreation and Park District for Park Development Purposes - LAURA SNIDEMAN, BUILDING INDUSTRY ASSOCIATION; AND PAUL RICKER HEARD IN OPPOSITION TO RECOMMENDATION; HENRY AGONIA, GENERAL MANAGER, NORTH BAKERSFIELD RECREATION AND PARK DISTRICT, HEARD IN SUPPORT OF RECOMMENDATION; (1) FOUND THAT THE PROPOSED FEE IS EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN ACCORDANCE WITH SECTION 15061.(b)(3) CEQA GUIDELINES; (2) ADOPTED RESOLUTION 98-362 APPROVING PROPOSED CAPITAL FACILITIES IMPROVEMENT PROGRAM AND ENACTING ORDINANCE G-6546; AND (3) RECEIVED AND FILED DOCUMENTS



Pe-Pa


ADJOURNED TO TUESDAY, NOVEMBER 10, 1998, AT 10:00 A.M.





Clerk of the Board







Chairman, Board of Supervisors

SUMMARY OF PROCEEDINGS



BOARD OF SUPERVISORS - COUNTY OF KERN



1115 Truxtun Avenue

Bakersfield, California



Regular Meeting

Tuesday, November 10, 1998

10:00 A.M.



BOARD RECONVENED

Supervisors: McQuiston, Perez, Patrick, Peterson, Parra

ROLL CALL: All Present



SALUTE TO FLAG - Led by Supervisor McQuiston



CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: ALL ITEMS LISTED WITH AN ASTERISK (*) OR A NUMBER SIGN (#) WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION.



Note: Mc, Pz, Pa, Pe, Pr are abbreviations for Supervisors McQuiston, Perez, Patrick, Peterson, and Parra, respectively. For example, Pa-Pe denotes Supervisor Patrick made the motion and Supervisor Peterson seconded it. The abbreviation (Ab) means absent, and (Abd) abstained.



BOARD ACTION SHOWN IN CAPS



RESOLUTIONS/PROCLAMATIONS
Pa-Pe

All Ayes

1) Proclaim November 15 - 21, 1998 as Family Week in Kern County - PROCLAIMED; MADE PRESENTATION TO DAYNA NICHOLS; DAYNA NICHOLS HEARD
Pz-Pe

All Ayes

2) Proclaim November 12 - 16, 1998 as GEOWEEK in Kern County - PROCLAIMED; MADE PRESENTATION TO ROBERT BALL AND TROY HIGHTOWER; HANNAH WARREN, DELAURA ATTARAN, EMILE BARTLETT, SARAH DIETZ, TYLER PECK, MATTHEW HEIDRICK, BRIAN ANDERSON, BEN DUNBAR, JOHN LAUI, JENIFER HAMILTON, BAILY CHURCHMAN AND LANNIE LEWIS, STUDENTS FROM CHRISTA MC AULIFFE ELEMENTARY SCHOOL, HEARD
PUBLIC REQUESTS



3) Request from Department of California Highway Patrol, for Lisa Brazil, Community Alliance Officer, to address the Board regarding Community Alliance Program - LISA BRAZIL HEARD


4) Request from Charlie Neville, President of the Kern Kiwanis, to address the Board to honor the maintenance crew of the Hart Park Recreational Facility for their assistance to the Kern Kiwanis Take a Kid Fishing Event - CHARLIE NEVILLE PRESENTED AN AWARD OF APPRECIATION TO BOB ADDISON AND BOB COBEL, ON BEHALF OF THE KERN KIWANIS, RECOGNIZING THE HART PARK MAINTENANCE CREW FOR THEIR CONTRIBUTIONS AND COMMITMENT TO THIS EVENT
APPOINTMENTS
Pe-Pa

All Ayes

* 5) Appointment of Alexander Carrassi II as a Fifth District Member to the Citizens Advisory Committee on Annexations for the term expiring June 30, 2000 - MADE APPOINTMENT



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 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]) - NO ONE HEARD


DEPARTMENTAL REQUESTS


AGRICULTURAL COMMISSIONER

Pe-Pa

All Ayes

* 8) Proposed retroactive agreement with California Department of Pesticide Regulations to provide reimbursement of pesticide sampling through Fiscal Year 1998/99 in an amount not to exceed $6,695.00 (prior notification on June 30, 1998) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 848-98

Pe-Pa

All Ayes

* 9) Application for use of Ag Pavilion Facilities located at 3300 East Belle Terrace, Bakersfield on December 1, 2 and 9, 1998 for continuing education needs of private applicators - APPROVED; AUTHORIZED CHAIRMAN TO SIGN



AUDITOR/CONTROLLER - COUNTY CLERK
Pe-Pa

All Ayes

*10) Proposed Amendment to Audit Agreement with Brown, Armstrong, Randall and Reyes Accountancy Corporation adding audits of the Spousal Abuse Program Grant for fiscal years ended June 30, 1998, 1999 and 2000 in an amount not to exceed $1,500.00 for each fiscal year - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 849-98



EMPLOYERS' TRAINING RESOURCE
Pe-Pa

All Ayes

*11) Notification of increase of membership of Employers' Training Resource Council to 19 members, and appointment of William Murray and Manuel Lerma as Business members for the terms to expire November 10, 2001; Appointment of Alphonso Rivera as a Business member (replacing David Greene) for the term to expire January 1, 2001, and appointment of Kathleen Irvine (replacing Donald Dudley) as a Public Assistance Agency Representative for the term expiring July 1, 1999 - APPROVED; MADE APPOINTMENTS



KERN MEDICAL CENTER
Pe-Pa

All Ayes

*12) Proposed Retroactive Approval of Health Careers Program Affiliation Agreement with Kern Community College District to provide on-the-job work experience for licensed vocational nursing and psychiatric technician students at no cost to Kern Medical Center (prior notification September 29, 1998) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 850-98
Pe-Pa

All Ayes

*13) Relief of Accountability of Patients Accounts - DISCHARGED KERN MEDICAL CENTER FROM ACCOUNTABILITY OF 2,286 ACCOUNTS TOTALING $708,851.05 AND AUTHORIZED ASSIGNING 2,256 ACCOUNTS TOTALING $652,376.61 TO COLLECTION AGENCIES
Pe-Pa

All Ayes

*14) Proposed appointment to Medical Staff membership of Nitin S. Athavale, M.D.; Juan C. Garcia, M.D.; and Saman Ratnayake, M.D. - APPROVED
Pe-Pa

All Ayes

*15) Proposed issuance of a Request for Qualifications for Health Care Support Services - APPROVED
Pa-Pe

All Ayes

16) Notification of Anticipated Retroactive Approval of Agreement for Professional Services with Comphealth - RECEIVED AND FILED
Pz-Pa

All Ayes

17) Notification of Anticipated Retroactive Approval of Agreement for Professional Services with Fidel Huerta, M.D. - RECEIVED AND FILED
Pe-Pa

All Ayes

*17A) Proposed reappointment of physicians to medical staff membership - APPROVED



MENTAL HEALTH SERVICES
Pe-Pa

All Ayes

*18) Proposed Amendment No. 1 to Agreement No. 490-98 with College Health IPA, Inc., for FY 1998-99 for provision of pharmacy services to clients residing in Southeastern Kern County (clarification of rate reimbursement for medications/no fiscal impact) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 851-98
Pe-Pa

All Ayes

*19) Proposed agreement with Carolyn Kellogg, F.N.P., for FY 1998-99 for provision of Family Nurse Practitioner (FNP) services for clients and staff training in an amount not to exceed $12,500.00 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 852-98



SHERIFF
Pe-Pa

All Ayes

*20) Application to hold a parade, Lake Isabella Chamber of Commerce on November 28, 1998 - 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



Pe-Pa

All Ayes

*21) Request to pay for non-employee expenditures associated with regional training programs sponsored by the Kern County Sheriff's Department; No fiscal impact - AUTHORIZED THE AUDITOR-CONTROLLER TO PAY THE TRAINING EXPENDITURES OF NON-EMPLOYEES PARTICIPATING IN SHERIFF'S TRAINING PROGRAMS WHERE THE COST OF THE TRAINING IS PAID IN ADVANCE
Pe-Pa

All Ayes

*22) Request to transfer $866.19 from Sheriff's Physical Fitness Trust Fund #22134 to Sheriff's operating budget for purchase of gymnasium equipment - APPROVED APPROPRIATION OF UNANTICIPATED REVENUE FROM SHERIFF'S TRUST FUND #22134 IN THE AMOUNT OF $866.19 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER IN THE AMOUNT OF $866.19 FROM APPROPRIATIONS FOR CONTINGENCIES TO SHERIFF'S BUDGET UNIT 2210

Pe-Pa

All Ayes

*23) Expenditure by the Sheriff of Inmate Welfare Funds pursuant to Penal Code Section 4025; No impact on County General Fund - APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $114,820 FROM SHERIFF'S INMATE WELFARE FUND #24057; APPROVED BUDGET TRANSFER FROM APPROPRIATIONS FOR CONTINGENCIES TO SHERIFF'S BUDGET UNIT 2210

Pe-Pa

All Ayes

*24) Proposed agreement for law enforcement services between the County of Kern and the Housing Authority of the County of Kern, from November 10, 1998 through November 10, 1999; No fiscal impact - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 853-98

Pe-Pa

All Ayes

*25) Application to hold a parade, Greater Lamont Chamber of Commerce on December 5, 1998 - 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

Pe-Pa

All Ayes

*26) Application to hold a parade, Negocios Hispanos Unides De Lamont on December 6, 1998 - 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

Pe-Pa

All Ayes

*27) Proposed agreement for janitorial services at Frazier Park leased facility between the County of Kern and ABM Janitorial Services, from November 10, 1998 through June 30, 1999, in an amount not to exceed $6,876.00 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 854-98



CLOSED SESSION


COUNTY ADMINISTRATIVE OFFICE

Pe-Pa

All Ayes

28) Request for Closed Session regarding Meet and Confer with KCPA, KFA, and CCAPE -
Pe-Pa

All Ayes

29) Request for Closed Session regarding Director of Mental Health Recruitment -
Pe-Pa

All Ayes

30) Request for Closed Session regarding Director of Human Services Recruitment -



COUNTY COUNSEL
Pe-Pa

All Ayes

31) Request for Closed Session regarding a lawsuit entitled Bojorquez v. County of Kern, KCSC Case No. 234330-AEW (Government Code Section 54956.9(a)) -



Pe-Pa


RECONVENED FROM CLOSED SESSION; RECESS TO 2:00 P.M.





Clerk of the Board





Chairman, Board of Supervisors

SUMMARY OF PROCEEDINGS



BOARD OF SUPERVISORS - COUNTY OF KERN



1115 Truxtun Avenue

Bakersfield, California



Regular Meeting

Tuesday, November 10, 1998

2:00 P.M.

BOARD RECONVENED



Supervisors: McQuiston, Perez, Patrick, Peterson, Parra

ROLL CALL: All Present



CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: ALL ITEMS LISTED WITH AN ASTERISK (*) OR A NUMBER SIGN (#) WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION



BOARD ACTIONS SHOWN IN CAPS

KERN SANITATION AUTHORITY
Pz-Pe

All Ayes

#1) Project #9144-8132; Special Provisions for Reservoir No. 2 Improvements, Kern Sanitation Authority Wastewater Treatment Plant - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301(B); DIRECTED CLERK OF THE BOARD TO FILE NOTICE OF EXEMPTION; APPROVED; AUTHORIZED DIRECTOR TO SIGN PLANS; AUTHORIZED WASTE MANAGEMENT DEPARTMENT TO PREPARE REQUISITION FOR PURCHASING AGENT TO SOLICIT BIDS
PUBLIC PRESENTATIONS
2) 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 YOUR NAME BEFORE MAKING YOUR PRESENTATION. THANK YOU! - BARBARA FOWLER HEARD RE STATUS OF CITIZEN'S ADVISORY COMMITTEE ON ANNEXATIONS
BOARD MEMBER ANNOUNCEMENTS OR REPORTS
3) 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



COUNTY ADMINISTRATIVE OFFICE

Pz-Pe

All Ayes

*4) Metropolitan Recreation Center Master Plan Findings Report - RECEIVED AND FILED
Pz-Pe

All Ayes

*5) Transfer of Property Tax Entitlement City of Bakersfield Annexation No. 399 (Vista Finestra) - ADOPTED RESOLUTION 98-363; AUTHORIZED AUDITOR TO TRANSFER A PORTION OF THE COUNTY'S PROPERTY TAX ENTITLEMENT TO THE CITY OF BAKERSFIELD COMMENCING FISCAL YEAR 1999-2000, IN ACCORDANCE WITH THE MOU BETWEEN CITY OF BAKERSFIELD AND COUNTY
Pz-Pe

All Ayes

*6) Designation of the Kern County Network for Children as Lead Agency for submittal of State Grant Funding Application for Integrated Service Delivery for the Prevention and Treatment of Child Abuse and Neglect - APPROVED
Pz-Pe

All Ayes

*7) Proposed Agreement with IWV 2000 for Base Retention Efforts, in an amount not to exceed $60,000 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 855-98
Pz-Pe

All Ayes

*8) Proposed Sales Tax Rebate Agreement with Golden Valley Produce in the amount of $111,906, pursuant to County Economic Incentive Policy - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 856-98
Pz-Pe

All Ayes

*9) Proposed Plan for Development of County Strategic Goals - APPROVED; AUTHORIZED COUNTY ADMINISTRATIVE OFFICER TO PROCEED WITH IMPLEMENTATION OF PLAN
Pz-Pe

All Ayes

*10) County Administrative Procedures Manual Proposed Amendment No.10-98, Chapter 14, Audit Procedures - APPROVED
WITH-

DRAWN

*11) Development of County Base Map for Geographic Information System -
COUNTY ADMINISTRATIVE OFFICE

General Services Division



S.D. #2



Hearing

Pz-Pe

All Ayes

*12) Proposed purchase of property from Stephen Chiang, in the amount of $52,042.66, for use as a sump in the Mojave area - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; APPROVED; ADOPTED RESOLUTION 98-364; AUTHORIZED CHAIRMAN TO SIGN; ACCEPTED GRANT DEED; AUTHORIZED AUDITOR TO PAY
COUNTY ADMINISTRATIVE OFFICE

General Services Division



S.D. #1

Pz-Pe

All Ayes

*13) (1960.8196 & 1960.8197A) Proposed plans and specifications for the Shafter/Wasco Courtroom Addition and Communications Upgrade - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTION; APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED GENERAL SERVICES TO PUBLISH PURSUANT TO PUBLIC CONTRACT CODE SECTION 20125; BID OPENING IS SCHEDULED FOR THURSDAY, DECEMBER 17, 1998, AT 11:00 A.M.
S.D. #2
Pa-Pe

All Ayes

14) (2415.7015B) Request for retroactive approval to April 29, 1998, of Amendment No. One to Agreement with Emcon Corporation, for Consulting Services for site monitoring at Bear Valley Fire Station, providing for an increase of $4,199 (from $8,567 to $12,766) and expanded scope of work - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 857-98
S.D. #5
Pz-Pe

All Ayes

*15) (7100.7500) Change Order No. One to Agreement with Greecian Gardens Landscaping, Inc., providing for an increase of $7,098.00, and allowing additional time for irrigation & landscape planting at the Kern River Bike Path - APPROVED; AUTHORIZED CHAIRMAN TO SIGN
Pz-Pe

All Ayes

*16) (8996.8435) Proposed plans and specifications for Kern Medical Center underground fuel tank replacement - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301(a); AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTION; APPROVED (SUBJECT TO APPROVAL BY OFFICE OF STATEWIDE HEALTH AND DEVELOPMENT); AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED GENERAL SERVICES TO PUBLISH PURSUANT TO PUBLIC CONTRACT CODE SECTION 20125; BID OPENING IS SCHEDULED FOR THURSDAY, DECEMBER 17, 1998, AT 2:00 P.M.
Pz-Pe

All Ayes

*17) Proposed Amendment to Lease of portion of 2920 "H" Street, Bakersfield, to provide additional office space for Mental Health's Kern Linkage Program - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; DIRECTED CLERK OF THE BOARD TO COMPLETE AND FILE NOTICE OF EXEMPTION; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 858-98
Pz-Pe

All Ayes

*18) Proposed Agreements with City of Bakersfield and Superintendent of Schools for expansion of communications conduit system, in an amount not to exceed $90,000 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENTS 859-98 AND 860-98 (SUBJECT TO APPROVAL BY COUNTY COUNSEL)
All S.D.'s



Pz-Pe

All Ayes

*19) Request authorization for sole source with COMSEARCH to process microwave frequency coordination for the communications system upgrade - APPROVED; AUTHORIZED PURCHASING AGENT TO ISSUE PURCHASE ORDER TO COMSEARCH IN THE AMOUNT OF $38,400.00

Pz-Pe

All Ayes

*20) Request for Proposal to provide rental car services - APPROVED; AUTHORIZED GENERAL SERVICES TO ISSUE
COUNTY COUNSEL
Pz-Pe

All Ayes

*21) Request of Berrenda Mesa Water District that Board of Supervisors schedule hearing to sit as Board of Equalization to hear and determine objections to assessments of the District for fiscal year 1999 and to assess land which has escaped assessment in prior years - APPROVED; ADOPTED RESOLUTION 98-365 SETTING HEARING FOR MONDAY, DECEMBER 7, 1998
Pz-Pe

All Ayes

*22) Request of Kern County Water Agency to set hearing on proposed Zones of Benefit Numbers 7-00, 17-00, 18-00, and 19-00, and assessments to be levied thereon - ADOPTED RESOLUTION 98-366 SETTING HEARING FOR MONDAY, DECEMBER 7, 1998
RESOURCE MANAGEMENT AGENCY

Community Development Department



S.D. #5

Pe-Pa

All Ayes

23) Proposed Amendment No. 1 to Agreement No. 123-98 with the City of Arvin, obligating an additional $162,000 of ISTEA reimbursement funds to Downtown Arvin Revitalization Program - Design and Construction of Streetscape and Facade Improvements Along Bear Mountain Boulevard - FUNDING: $381,560; CDBG FUNDS; BUDGETED - MARTHA WALTERS HEARD; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 861-98; AUTHORIZED TRANSFER OF $162,000.00 OF FY 1996-97 CDBG FUNDS FROM UNPROGRAMMED FUNDS ACCOUNT TO CD ACTIVITY #12.96.1 - ARVIN DOWNTOWN REVITALIZATION; AUTHORIZED NECESSARY COUNTY AND HUD BUDGET ADJUSTMENTS AND TRANSFERS
RESOURCE MANAGEMENT AGENCY

Engineering & Survey Services Department



S.D. #2

Pz-Pe

All Ayes

*24) Proposed Resolution of Intention to Extend Boundaries of Zones of Benefit No. 3, in County Service Area No. 63, Tracts 4981, 5039, 5049, 5075 and 5091 - ADOPTED RESOLUTION 98-367; INSTRUCTED ENGINEERING & SURVEY SERVICES TO MAIL NOTICES AND BALLOTS, ALONG WITH AN ENGINEER'S REPORT, TO ALL PROPERTY OWNERS AFFECTED, AND CONDUCT A PUBLIC INFORMATIONAL MEETING IN COMPLIANCE WITH ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION; SET PUBLIC HEARING FOR JANUARY 5, 1999, AT 2:00 P.M., TO RECEIVE PUBLIC COMMENTS AND TALLY BALLOTS; DIRECTED CLERK OF THE BOARD TO PUBLISH NOTICE OF HEARING AND FILE NOTICE OF EXEMPTION
RESOURCE MANAGEMENT AGENCY

Roads Department



S D. #1

Pz-Pe

All Ayes

*25) Contract No. 97049, Construction on Kernville Road and Sierra Way, STPL-5950(119) with Granite Construction Company, in an amount not to exceed $281,849.00 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN
S. D. #2
Pz-Pe

All Ayes

*26) Adopt Resolution to accept portion of Existing Offer of Dedication for a part of Tract 3116 - ADOPTED RESOLUTION 98-368; DIRECTED CLERK TO RECORD
S.D. #2 & #4
Pe-Mc

All Ayes

27) Proposed Agreements between County of Kern and State of California, and County of Kern and Tejon RanchCorp, for construction of interchange modifications on Route-5 at Wheeler Ridge Road - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENTS 862-98 AND 863-98 (SUBJECT TO APPROVAL BY COUNTY COUNSEL)
S.D. #3 & #4
Pz-Pe

All Ayes

*28) Contract No. 98024, Construction on Lerdo Highway and Brimhall Road, STPL-5950(137) with Granite Construction Company, in an amount not to exceed $493,627.00 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN
CONSIDERATION OF ORDINANCES INTRODUCED ON TUESDAY, NOVEMBER 3, 1998
Pz-Pe

All Ayes

*29) Proposed ordinance adding subparagraphs (84) and (85) to Section 10.16.041, Chapter 10.16, of the Kern County Code concerning "no stopping zones" on portions of Nugget Avenue - ENACTED ORDINANCE G-6547
Pz-Pe

All Ayes

*30) Proposed ordinance adding subparagraphs (80), (81), (82) and (83) to Section 10.16.041, Chapter 10.16, of the Kern County Code concerning "no stopping zones" on portions of Roberts Lane - ENACTED ORDINANCE G-6548
MATTERS FOR EXECUTIVE APPROVAL
Pz-Pe

All Ayes

*31) Budget Transfers - APPROVED #58 THROUGH #66
Pz-Pe

All Ayes

*32) Minutes for the Week of October 12, 1998 - APPROVED WITH CORRECTION TO TUESDAY, OCTOBER 13, 1998, 2:00 P.M., ITEM #13, TO CORRECT ASSESSOR'S PARCEL NUMBER FROM 263-092-07-00-6 TO 263-092-06-00-6; AND ITEM #22 TO DELETE THE WORDING "AUTHORIZED CHAIRMAN TO SIGN"
Pz-Pe

All Ayes

*33) Miscellaneous Letters and Documents - FILED
Pz-Pe

All Ayes

*34) Miscellaneous Departmental Referrals by Clerk of the Board - APPROVED AND FILED
Pz-Pe

All Ayes

*35) Claims and Lawsuits filed with and referred by Clerk of the Board - APPROVED AND FILED





Pa-Pz ADJOURNED TO MONDAY, NOVEMBER 23, 1998, AT 8:30 A.M.





Clerk of the Board







Chairman, Board of Supervisors





33) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED
Assessor-Recorder
A) Response from Recorder's Department re Fiscal Year 1997/98 Internal Audit by Kern County Auditor-Controller
Auditor-Controller-County Clerk
B) Report of Current Internal Controls and Financial Records of the Assessor-Recorder
Clerk of the Board
C) Letter of resignation from Carol Beecroft of the Kern County Mental Health Board (Copy to each Supervisor and CAO)
Community Development
D) County Loan Agreement, Home Investment Partnerships Program, First-Time Homebuyers Mortgage Assistance Program with Jorge Romero
E) County Loan Agreement, Home Investment Partnerships Program, Owner Rehabilitation Program with Inez T. Goodman
General Services
F) Letter re Twin Oaks-Loraine Transfer Station
Parks and Recreation
G) Letter of appreciation to Dave Mosley, Advanced Concrete Sawing and Drilling for removal of concrete barriers at Buena Vista Aquatic Recreation Area
Planning
H) Letter to Kernville Chamber of Commerce re Southern California Edison Kern River No. 3 Hydroelectric Project (Copy to each Supervisor and CAO)
Miscellaneous
I) Letter from Jason's Retreat re announcement of two new staff members, Caryn Mason as Administrator and Program Director and Barbara Simpson as Administrative Assistant (Copy to each Supervisor and CAO)
J) Letter to Peter K. Bryan from Joint Commission re 1997-98 Comprehensive Accreditation Manual for Home Care (Copy to each Supervisor, CAO and County Counsel)
K) Letter from Office of Traffic Safety re California's Drunk and Drugged Driving (3-D) Prevention Month (Copy to each Supervisor, CAO and Mental Health)
L) Transmittal letter to report an illegal or threatened discharge of hazardous waste (Copy to each Supervisor, CAO, Environmental Health and Fire-Hazardous Material)
M) Notice from Federal Energy Regulatory Commission regarding Southern California Edison Company, Project No. 2290-031, Order Approving Amendment of License (Copy to each Supervisor, CAO, County Counsel, ESS and Planning)
N) Notice of Public Meeting before the Central District Development Agency of the City of Bakersfield regarding the preparation of two Draft Environmental Impact Reports for the proposed Old Town Kern-Pioneer and the Southeast Bakersfield Redevelopment Project Areas (Copy to each Supervisor, CAO, Planning and County Counsel)
O) Agenda for Kern County AIDS Advisory Board on November 4, 1998 (Copy to each Supervisor and CAO)
P) Agenda for Planning Commission of the City of Bakersfield on November 5, 1998 (Copy to each Supervisor, CAO, Planning and County Counsel)
Q) Agenda for Fish and Game Commission on November 5, 1998 (Copy to each Supervisor, CAO and Parks)
R) Letter from League of Private Property Voters re 1998 Private Property Congressional Vote Index (Copy to
S) Notice re Central Valley Project Long-Term Contract Renewal Process from Bureau of Reclamation (Copy to each Supervisor and CAO)
34) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD -APPROVED AND FILED
A) Letter and Resolution No. 48-98 from Kern County Water Agency -REFERRED TO COUNTY COUNSEL (Copy to each Supervisor, CAO and RMA)
B) Letter from Bill Ryan Free re problems with property purchased through Tax-Collector Auction -REFERRED TO ASSESSOR (Copy to each Supervisor, CAO, Treasurer-Tax Collector, Roads and Planning)
35) CLAIMS AND LAW SUITS FILED WITH AND REFERRED BY THE CLERK OF THE BOARD - APPROVED AND FILED
A) Claim in the matter of Carlos A. Avila vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
B) Claim in the matter of Edward and Betty Christensen vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
C) Claim in the matter of Sherry Gregory vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
D) Claim in the matter of Socorro Ibarra vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
E) Claim in the matter of Clayton L. Jefferson vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
F) Summons and complaint in the matter of Johnny R. Jones vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
G) Claim in the matter of Unity Constructors vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)