SUMMARY OF PROCEEDINGS

BOARD OF SUPERVISORS - COUNTY OF KERN

Regular Meeting

Monday, March 10, 1997

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 (*) WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION

BOARD ACTION SHOWN IN CAPS AFTER EACH ITEM

HEARING

COMMUNITY DEVELOPMENT

Pa-Pr

All Ayes

9710511

* 1) Proposed Amendment to the County of Kern's "Annual Action Plan" for Community Development Programs, FY 1996-97, to include Four New Housing Proposals for Consideration of Funding with County of Kern FY 1996-97 HOME Investment Partnership Act (HOME) Funds; Arvin Village Apartments; Casitas Apartments; Haven Apartments; Women's Residential Services Facility - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; APPROVED

HEARING

ENGINEERING AND SURVEY SERVICES

Pa-Pr

All Ayes

9710363

* 2) Abandoned and Dangerous Structure located at 8816 Old State Road, Alta Sierra area, Assessor's Parcel No. 053-113-25; Owner of Record: Shai Manzuri - CONTINUED TO MONDAY, APRIL 7, 1997 AT 2:00 P.M.
HEARINGS

RESOURCE MANAGEMENT AGENCY

Planning Department

3) Amendment of the Land Use, Open Space and Conservation Element, Circulation Element, Maximum Allowed Land Use Density Table of the Kern County General Plan, the Metropolitan Bakersfield 2010 General Plan, Western Rosedale Specific Plan, Chevron Section One Specific Plan, Willow Springs Specific Plan, O'Neil Canyon Specific Plan text and map, Cuddy Valley Specific Plan; Adopt Specific Plan Lines for Verdugo Lane, Calloway Road, and State Route 58; Alteration of Agricultural Preserves 8, 9, 11, and 13; and Other Items as Cited Which Include Amendments of Certain Zoning Maps and Applications and Proceedings as Follows:
Pa-Pr

All Ayes

9712200

(11920)

(11352)

* A) (1) General Plan Amendment Case No. 5, Map No. 80; (2) General Plan Amendment Case No. 7, Map No. 81; (3) General Plan Amendment Case No. 38, Map No. 101; (4) General Plan Amendment Case No. 11, Map No. 102; (5) Amendment of Zoning Map No. 80, Zone Change Case No. 9; (6) Amendment of Zoning Map No. 81, Zone Change Case No. 71; (7) Amendment of Zoning Map No. 101, Zone Change Case No. 107; (8) Amendment of Zoning Map No. 102, Zone Change Case No. 114; (9) Cancellation of Land Use Restrictions, Land Conservation Act, Agricultural Preserve Nos. 8 and 9 (Zoning Map Nos. 80, 81, 101, and 102); (10) Alteration of the Boundaries of Agricultural Preserve Nos. 8 and 9 - Exclusions; Coberly West/Etcheverry Ranches by Porter-Robertson Engineering and Surveying; North side of Seventh Standard Road, between Friant-Kern Canal and Calloway Drive; south side of Seventh Standard Road, between Calloway Drive and a point 1 3/4 miles west of Calloway Drive, Rosedale area; (1) Amend the Western Rosedale Specific Plan to exclude approximately 360 acres designated R-IA (Intensive Agriculture) and make the property subject to the Metropolitan Bakersfield 2010 General Plan and assign Land Use Map Code(s) LMR (Low Medium Density Residential - Less Than or Equal to 10 Dwelling Units/Net Acre), SR (Suburban Residential - Less Than or Equal to 4 Dwelling Units/Net Acre), ER (Estate Residential - Minimum 1 Net Acre/Unit), and GC (General Commercial) or more restrictive map codes to the property; (2) Amend the Kern County Year 2000 General Plan from Map

Code 8.1 (Intensive Agriculture) to Map Code 5.4 (Residential - Maximum 4 Units/Net Acre) or more restrictive map codes for approximately 90 acres; (3) Amend the Metropolitan Bakersfield 2010 General Plan from

(Continued on Page 3)

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Map Code(s) R-IA (Intensive Agriculture) and RR (Rural Residential - Minimum 2.5 Gross Acres/Unit) to Map Code(s) LMR (Low Medium Density Residential - Less Than or Equal to 10 Dwelling Units/Net Acre), SR (Suburban Residential - Less Than or Equal to 4 Dwelling Units/Net Acre), ER (Estate Residential - Minimum 1 Net Acre/Unit), and GC (General Commercial) or more restrictive map codes for approximately 900 acres; (4) Amend the Circulation Elements of the Kern County Year 2000 General Plan and the Metropolitan Bakersfield 2010 General Plan and adopt Specific Plan Lines for Verdugo Lane and Calloway Road between Seventh Standard Road and Imperial Road; (5) A change in zone classifications from A (Exclusive Agriculture) and A-1 (Limited Agriculture) to R-2 (Medium-density Residential), E (1/4) (Estate - 1/4 acre), E (1) RS (Estate - 1 acre - Residential Suburban Combining), and C-2 (General Commercial) or more restrictive districts; (6) Cancellation of approximately 770 acres of Williamson Act Land Use Contracts; (7) Exclusion of approximately 1,375 acres from the boundaries of Agricultural Preserves; Planning Department recommendation: Continue to May 5, 1997; Environmental Impact Report (SD 1) (Bakersfield Californian) - CONTINUED TO MONDAY, MAY 5, 1997 AT 2:00 P.M.

Pa-Pr

All Ayes

9712200

(11920)

* B) (1) General Plan Amendment Case No. 4, Map No. 102-1; (2) Amendment of Zoning Map No. 102-1, Zone Change Case No. 27; Hugh Person Construction by Simpson-Lusich-VanCuren, Inc.; Northwest corner of Universe Avenue and North Chester Avenue, Oildale; (1) Amend the Chevron Section One Specific Plan from Map Code 5.1 (Residential - Maximum 29 Units/Net Acre) to Map Code 6.2 (General Commercial - Seismic Hazard) or a more restrictive map code designation and to amend the Maximum Allowed Land Use Density Table for the Kern County General Plan; (2) Amend the Metropolitan Bakersfield 2010 General Plan from Map Code(s) HR (High Density Residential - Greater Than 17.42 And Less Than or Equal to 72.6 Dwelling Units/Net Acre) to Map Code(s) GC (General Commercial) or a more restrictive map code designation; (2) A change in zone classification from R-3 PD (High-density Residential - Precise Development Combining) to C-2 PD (General Commercial - Precise Development Combining) or a more restrictive district; Planning Department recommendation: Continue to April 7, 1997; Negative Declaration (SD 1) (Bakersfield Californian) - CONTINUED TO MONDAY, APRIL 7, 1997 AT 2:00 P.M.

Pa-Pe

All Ayes

9712200

(11591)

C) General Plan Amendment Case No. 16, Map No. 196; Kern County Planning Department; Area bordered by Randsburg Cutoff Road/California City Boulevard (north), Highway 58 (south), Highway 14/58 (west), and 20th Street (east), Mojave area; (1) Adoption of a Specific Plan Line for State Route 58 as adopted by the California Transportation Commission; (2) Amendment to the Kern County Circulation Element to change or modify the alignments of several arterial and collector road alignments within the study area as the result of the adoption of a precise alignment for new Highway 58 by the California Transportation Commission; Planning Department recommendation: Adopt Negative Declaration; approve amendment to the Circulation Element as recommended by Staff, including an additional interchange; adopt Specific Plan Line for Route 58 as adopted by the California Transportation Commission; Negative Declaration (SD 2) (Mojave Desert News) - (Tape 1685) OPENED HEARING; BILL WHITE, WHITE'S MOTEL, AND REGINA WHITE, DENNY'S RESTAURANT, HEARD IN OPPOSITION TO RECOMMENDATION; BILL DEAVER, EAST KERN ALLIANCE, HEARD IN SUPPORT OF RECOMMENDATION; ANTONIO ARSELES HEARD; CLOSED HEARING; ADOPTED NEGATIVE DECLARATION; ADOPTED RESOLUTION 97-057 APPROVING GPA AS RECOMMENDED BY STAFF, INCLUDING THE ADDITIONAL INTERCHANGE, AND APPROVING SPECIFIC PLAN LINE FOR ROUTE 58 AS ADOPTED BY CALIFORNIA TRANSPORTATION COMMISSION; RECEIVED AND FILED DOCUMENT

Pa-Pr

All Ayes

9712200

(11920)

* D) (1) General Plan Amendment Case No. 10, Map No. 232; (2) Amendment of Zoning Map No. 232, Zone Change Case No. 27; Kernross Estates by LCI Corporation; South side of Gaskell Road, west of 110th Street West, Willow Springs area; (1) Amend the Willow Springs Specific Plan from Map Code 5.5/2.8 (Residential - Maximum 1 Unit/Net Acre - Military Flight Operations) to Map Code 5.4/28 (Residential - Maximum 4 Units/Net Acre - Military Flight Operations) or a more restrictive map code designation and to amend the Maximum Allowed Land Use Density Table for the Kern County General Plan; (2) A change in zone classification from E (1) CL FPS (Estate - 1 acre - Cluster Combining - Floodplain Secondary Combining) (E (1) RS CL FPS (Estate - 1 acre - Residential Suburban Combining - Cluster Combining - Floodplain Secondary Combining) in suspense) to E (1/4) CL FPS (Estate - 1/4 acre - Cluster Combining - Floodplain Secondary Combining) or a more restrictive district; Planning Department recommendation: Continue to April 7, 1997; Negative Declaration (SD 2) (Rosamond Weekly News) - CONTINUED TO MONDAY, APRIL 7, 1997 AT 2:00 P.M.

Pa-Pr

All Ayes

9712200

(11920)

(11352)

* E) (1) General Plan Amendment Case No. 18, Map No. 100; (2) Amendment of Zoning Map No. 100, Zone Change Case No. 41; (3) Alteration of the Boundaries of Agricultural Preserve No. 11 - Exclusion; Ron Burgess by Rickett, Delmarter and Deifel; Portion of the northeast corner of State Route 58 (Rosedale Highway) and State Route 43 (Enos Lane), west of Bakersfield; (1) Amend the Western Rosedale Specific Plan from Map Code R-IA (Intensive Agriculture) to Map Code RR (Rural Residential - Minimum 2.5 Gross Acres/Unit) or a more restrictive map code designation; (2) A change in zone classification from A (Exclusive Agriculture) to

E (5) RS (Estate - 5 acres - Residential Suburban Combining) or a more restrictive district; (3) Exclusion of approximately 39.36 acres from the boundaries of an Agricultural Preserve; Planning Department recommendation: Continue to April 7, 1997; Negative Declaration (SD 3) (Bakersfield Californian) - CONTINUED TO MONDAY, APRIL 7, 1997 AT 2:00 P.M.

Pe-Pa

All Ayes

9712200

(11920)

F) (1) General Plan Amendment Case No. 5, Map No. 237; (2) Amendment of Zoning Map No. 237, Zone Change Case No. 40; Jeff Vance by French and Associates; North side of Lebec Oaks Road, approximately 1/2 mile west of Interstate 5, O'Neil Canyon area, southern Kern County; (1) Amend the O'Neil Canyon Specific Plan from Map Code 8.5/2.4 (Resource Management - Steep Slope) to Map Code 5.6/2.4 (Residential - Minimum 2.5 Gross Acres/Unit - Steep Slope); from Map Code 5.6 (Residential - Minimum 2.5 Gross Acres/Unit) to Map Code 5.5 (Residential - Maximum 1 Unit/Net Acre); and from Map Code 5.6/2.5 (Residential - Minimum 2.5 Gross Acres/Unit - Flood Hazard) to Map Code 5.5/2.5 (Residential - Maximum 1 Unit/Net Acre - Flood Hazard) or more restrictive map code designations and to amend the Maximum Allowed Land Use Density Table for the Kern County General Plan; and amend the text of the O'Neil

Canyon Specific Plan regarding access; (2) A change in zone classification from A-1 (Limited Agriculture) to E (1) RS (Estate - 1 acre - Residential Suburban Combining) and E (1) RS FP (Estate - 1 acre - Residential Suburban Combining - Floodplain Combining) or more restrictive

districts; Planning Department recommendation: Adopt Negative Declaration and Mitigation Measure Monitoring Program with additional Mitigation Measure as noted; approve General Plan Amendment, including text changes; approve zone change to become effective upon recordation of a final map subdivision; Negative Declaration (SD 4) (Mountain Enterprise) - (Tape 1685) OPENED HEARING; WALTER (LUCKY) STEVENS, CHUCK MC DANIEL AND VICKY ROW HEARD IN

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OPPOSITION TO RECOMMENDATION; JEFF FRENCH, JIM WAINWRIGHT, AND DUANE SMITH, GEOLOGIST, HEARD IN SUPPORT OF RECOMMENDATION; ART BENTZ, LOS PADRES HOMEOWNERS ASSOCIATION, HEARD; CLOSED HEARING; ADOPTED AMENDED NEGATIVE DECLARATION AND AMENDED MITIGATION MEASURE MONITORING PROGRAM WITH ADDITIONAL MITIGATION MEASURE RE ACCESS AS RECOMMENDED BY STAFF; ADOPTED RESOLUTION 97-057 APPROVING GPA, INCLUDING TEXT CHANGES RE ACCESS; ADOPTED RESOLUTION 97-058 AND ENACTED ORDINANCE G-6370 APPROVING ZONE CHANGE TO BECOME EFFECTIVE UPON RECORDATION OF A FINAL MAP SUBDIVISION; RECEIVED AND FILED DOCUMENTS

Pe-Pr

All Ayes

9712200

(11920)

G) (1) General Plan Amendment Case No. 6, Map No. 237; (2) Amendment of Zoning Map No. 237, Zone Change Case No. 41; Elvira Guzman and Santana Molina by French and Associates; Southeast corner of Lebec Oaks Road and Gibson Drive, O'Neil Canyon area, southern Kern County; (1) Amend the O'Neil Canyon Specific Plan from Map Code 5.6 (Residential - Minimum 2.5 Gross Acres/Unit) to Map Code 5.45 (Residential - Maximum 2 Units/Net Acre) and from Map Code 5.6/2.4 (Residential - Minimum 2.5 Gross Acres/Unit - Steep Slope) to Map Code 5.45/2.4 (Residential - Maximum 2 Units/Net Acre - Steep Slope) or a more restrictive map code designation and to amend the Maximum Allowed Land Use

Density Table for the Kern County General Plan; and amend the text of the O'Neil Canyon Specific Plan regarding access; (2) A change in zone classification from A-1 (Limited Agriculture) and FPP (Floodplain Primary) to E (1/2) RS MH (Estate - 1/2 acre - Residential Suburban Combining - Mobilehome Combining) and FPP (Floodplain Primary) or more restrictive districts; Planning Department recommendation: Adopt Negative Declaration and Mitigation Measure Monitoring Program; approve General Plan Amendment with the 2.5 (Flood Hazard) designation replacing the existing 2.4 (Steep Slope) designation; adopt the text changes of the O'Neil Canyon Specific Plan; approve zone change as requested; Negative Declaration (SD 4) (Mountain Enterprise) - (Tape 1685) OPENED HEARING; CHUCK MC DANIEL HEARD IN OPPOSITION TO RECOMMENDATION; JEFF FRENCH, ENGINEER, HEARD IN SUPPORT OF RECOMMENDATION; ART BENTZ HEARD; CLOSED HEARING; ADOPTED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTION 97-057 APPROVING GPA WITH THE MORE RESTRICTIVE 2.5 DESIGNATION REPLACING THE EXISTING 2.4 DESIGNATION; ADOPTED RESOLUTION 97-059 AND ENACTED ORDINANCE G-6371 APPROVING ZONE CHANGE AS REQUESTED

Pe-Pa

All Ayes

9712200

(11920)

H) (1) General Plan Amendment Case No. 6, Map No. 238; (2) Amendment of Zoning Map No. 238, Zone Change Case No. 36; Arne Haaland by French and Associates; South side of Kirkelie Avenue, 1/2 mile south of Cuddy Valley Road, 1/4 mile west of Pinion Pines, Cuddy Valley area; (1) Amend the Cuddy Valley Specific Plan from Map Code "Reserve-Undesignated" to Map Code "Rural Residential" or a more restrictive map code designation and to amend the Maximum Allowed Land Use Density Table for the Kern County General Plan; (2) A change in zone classification from E (20) RS (Estate - 20 acres - Residential Suburban Combining) to E (5) RS (Estate - 5 acres - Residential Suburban Combining) or a more restrictive district; Planning Department recommendation: Continue to April 21, 1997; Negative Declaration (SD 4) (Mountain Enterprise) - (Tape 1685B) BARBARA EDSALL HEARD; CONTINUED TO MONDAY, APRIL 21, 1997 AT 2:00 P.M.
Pe-Mc

4 Ayes

1 Abd/Pa

9712200

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(12145)

I) (1) General Plan Amendment Case No. 7, Map No. 237; (2) Amendment of Zoning Map No. 237, Zone Change Case No. 42; (3) Conditional Use Permit Case No. 28, Map No. 237; Lebec Sand and Gravel by Paul Pugh; North side of Frazier Mountain Park Road, approximately one mile west of Interstate 5, one mile east of Frazier Park; (1) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code 8.1/2.1 (Intensive Agriculture - Seismic Hazard) to Map Code 7.2 (Service Industrial) or a more restrictive map code designation; (2) A change in zone classification from RF (Recreation-Forestry) and A (Exclusive Agriculture) to M-2 (Medium Industrial) or a more restrictive district; (3) A Conditional Use Permit to allow the operation of a concrete/asphalt recycling facility in an M-2 (Medium Industrial) District; Planning Department recommendation: Adopt Negative Declaration and Mitigation Measure Monitoring Program; approve General Plan Amendment to the more restrictive 7.1/2.1 (Light Industrial - Seismic Hazard) map code designation; approve the zone change to the more restrictive M-1 PD GH (Light Industrial - Precise Development Combining - Geologic Hazard Combining) District; approve conditional use permit subject to conditions as recommended by Staff; Negative Declaration (SD 4) (Mountain Enterprise) - (Tapes 1685 & 1686) OPENED

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HEARING; SHEILA DEFAY; GARY SOKOLOWSKI; MARY BIRG; BARBARA EDSALL; BRIDGETTE COLE; MARYANNE LOCKHART, REPRESENTING SIERRA CLUB; JOHN LANIGER; AND WARREN DIFFY, HEARD IN OPPOSITION; PAUL PUGH, JR., REPRESENTING LEBEC SAND AND GRAVEL; JIM WAINWRIGHT; DALLAS GREEN; DALE HANSON; WALLACE COOK AND DELRIO SMITH, HEARD IN SUPPORT; CLOSED HEARING; RECEIVED AND FILED DOCUMENTS; ADOPTED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTION 97-057 APPROVING MORE RESTRICTIVE 7.1/2.1 GENERAL PLAN MAP CODE DESIGNATION FOR THE EASTERLY 9-ACRE PORTION OF THE PROJECT SITE; ADOPTED RESOLUTION 97-060 AND ENACTED ORDINANCE G-6372 APPROVING ZONE CHANGE TO THE MORE RESTRICTIVE M-1 PD GH DISTRICT FOR THE EASTERLY 9-ACRE PORTION OF THE PROJECT SITE; ADOPTED RESOLUTION 97-061 APPROVING CUP SUBJECT TO CONDITIONS AS RECOMMENDED BY STAFF AND AS MODIFIED BY THE BOARD CONCERNING LANDSCAPING, ELECTRICAL, STORAGE, TRUCK MAINTENANCE, AND ROAD IMPROVEMENTS; RECEIVED AND FILED DOCUMENTS

Pa-Pr

All Ayes

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(11920)

* J) (1) General Plan Amendment Case No. 4, Map No. 99; (2) Amendment of Zoning Map No. 99, Zone Change Case No. 55; (3) Precise Development Plan No. 54, Map No. 99; Martin Outdoor Advertising by Martin-McIntosh; South side of Sullivan Road, between Interstate 5 and Tracy Avenue, Buttonwillow area; (1) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code 8.4 (Mineral and Petroleum) to Map Code 6.2 (General Commercial) or a more restrictive map code designation; (2) A change in zone classification from A-1 (Limited Agriculture) to CH PD (Highway Commercial - Precise Development Combining) or a more restrictive district; (3) A Precise Development Plan for an off-site advertising sign; Planning Department recommendation: Continue to April 21, 1997; Negative Declaration (SD 4) (Shafter Press) - CONTINUED TO MONDAY, APRIL 21, 1997 AT 2:00 P.M.
Pa-Pr

All Ayes

9712200

(11920)

* K) (1) General Plan Amendment Case No. 2, Map No. 29; (2) Amendment of Zoning Map No. 29, Zone Change Case No. 17; (3) Precise Development Plan No. 11, Map No. 29; Kewel Munger by Martin-McIntosh; Southeast corner of Interstate 5 and Lost Hills Road, north of Lost Hills; (1) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code 8.1 (Intensive Agriculture) to Map Code 6.3 (Highway Commercial) or a more restrictive map code designation; (2) A change in zone classification from A (Exclusive Agriculture) to CH PD (Highway Commercial - Precise Development Combining) or a more restrictive district; (3) A Precise Development Plan for the installation of an off-site advertising sign and a 450-square-foot office trailer; Planning Department recommendation: Adopt Negative Declaration and Mitigation Measure Monitoring Program; approve General Plan Amendment as requested; approve zone change as requested; approve precise development plan subject to conditions; Negative Declaration (SD 4) (Wasco Tribune) - (Tape 1685) OPENED HEARING; NO ONE HEARD; CLOSED HEARING; ADOPTED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTION 97-057 APPROVING GPA AS REQUESTED; ADOPTED RESOLUTION 97-062 AND ENACTED ORDINANCE G-6373 APPROVING ZONE CHANGE AS REQUESTED; ADOPTED RESOLUTION 97-063 APPROVING PD PLAN SUBJECT TO CONDITIONS
Pa-Pr

All Ayes

9712200

(11920)

* L) (1) General Plan Amendment Case No. 13, Map No. 124; (2) Amendment of Zoning Map No. 124, Zone Change Case No. 60; Carriage Homes by Telstar Engineering, Inc.; South side of Mountain View Road, west side of Weedpatch Highway, Lamont area; (1) Amend the Metropolitan Bakersfield 2010 General Plan from Map Code RR (Rural Residential - Minimum 2.5 Gross Acres/Unit) to Map Code ER (Estate Residential - Minimum 1 Net Acre/Unit) or a more restrictive map code designation; (2) A change in zone classification from E (2 1/2) RS FPS (Estate - 2 1/2 acres - Residential Suburban Combining - Floodplain Secondary Combining) to E (1) RS FPS (Estate - 1 acre - Residential Suburban Combining - Floodplain Secondary Combining) or a more restrictive district; Planning Department recommendation: Adopt Negative Declaration and Mitigation Measure Monitoring Program; approve General Plan Amendment as requested; approve zone change to become effective upon recordation of a final map subdivision; Negative Declaration (SD 5) (Lamont Reporter) - (Tape 1685) OPENED HEARING; NO ONE HEARD; CLOSED HEARING; ADOPTED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTION 97-057 APPROVING GPA AS REQUESTED; ADOPTED RESOLUTION 97-064 AND ENACTED ORDINANCE G-6374 APPROVING ZONE CHANGE TO BECOME EFFECTIVE UPON RECORDATION OF A FINAL MAP SUBDIVISION
Pa-Pe

All Ayes

9712200

(11920)

(11352)

M) (1) General Plan Amendment Case No. 14, Map No. 124; (2) Amendment of Zoning Map No. 124, Zone Change Case No. 58; (3) Cancellation of Land Use Restrictions, Land Conservation Act, Agricultural Preserve No. 13 (Zoning Map No. 124); (4) Alteration of the Boundaries of Agricultural Preserve No. 13 - Exclusion; David Rasmussen; 4920 South Sterling Road, southeast Bakersfield; (1) Amend the Metropolitan Bakersfield 2010 General Plan from Map Code R-MP (Mineral Petroleum) to Map Code RR (Rural Residential - Minimum 2.5 Gross Acres/Unit) or a more restrictive map

code designation; (2) A change in zone classification from A (Exclusive Agriculture) to E (5) RS MH PE (Estate - 5 acres - Residential Suburban Combining - Mobilehome Combining - Petroleum Extraction Combining) or a more restrictive district; (3) Cancellation of a 20.17-acre parcel of a Land Use Contract; (4) Exclusion of approximately 20.17 acres from the boundaries of an Agricultural Preserve; Planning Department recommendation: Adopt Negative Declaration and Mitigation Monitoring Program; approve General Plan Amendment as requested; approve zone change as requested; approve cancellation subject to payment of penalty fee; direct Clerk of the Board to issue a Tentative Certificate of Cancellation and issue a Certificate of Cancellation subject to payment of penalty fee and compliance with all other conditions contained in the Tentative Certificate of Cancellation; approve exclusion as requested; Negative Declaration (SD 5) (Lamont Reporter) - (Tape 1687) PHILIP GANONG, ON BEHALF OF PYRAMID OIL CO., HEARD IN OPPOSITION TO RECOMMENDATION; DAVID RASMUSSEN HEARD IN SUPPORT OF RECOMMENDATION; CONTINUED TO MONDAY, MARCH 24, 1997 AT 2:00 P.M.

Pa-Pr

All Ayes

9712200

(11920)

(12145)

* N) (1) General Plan Amendment Case No. 3, Map No. 124-1; (2) Amendment of Zoning Map No. 124-1, Zone Change Case No. 26; (3) Conditional Use Permit Case No. 23, Map No. 124-1; (4) Precise Development Plan No. 20, Map No. 124-1; Nazar Kooner by Alta Engineering/Hughes Surveying; 1320 Weedpatch Highway, southeast of Bakersfield; (1) Amend the Metropolitan Bakersfield 2010 General Plan from Map Code R-IA (Intensive Agriculture) to Map Code LMR (Low Medium Density Residential - Less Than or Equal to 10 Dwelling Units/Net Acre) and GC (General Commercial) or more restrictive map code designations; (2) A change in zone

classification from A-1 (Limited Agriculture) to R-1 MH (Low-density Residential - Mobilehome Combining), C-2 PD (General Commercial - Precise Development Combining), and

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MP (Mobilehome Park) or more restrictive districts; (3) Modification of a Conditional Use Permit to allow a private school in addition to the previously permitted phased church facilities and a mobilehome not meeting architectural standards and without a permanent foundation for use as a caretaker's unit in an A-1 (Limited Agriculture) District; (4) A Precise Development Plan for the construction of a feed store, a permanent fruit stand, and a farm implements retail sales store in a C-2 PD (General Commercial - Precise Development Combining) District; Planning Department recommendation: Continue to April 21, 1997; Negative Declaration (SD 5) (Bakersfield Californian) - CONTINUED TO MONDAY, APRIL 21, 1997 AT 2:00 P.M.

Pa-Pr

All Ayes

9712200

(11920)

* O) (1) General Plan Amendment Case No. 3, Map No. 167; (2) Amendment of Zoning Map No. 167, Zone Change Case No. 24; Zond Systems, Inc., by Columbo Construction; 1300 Jameson Road, Tehachapi; (1) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code(s) 8.1 (Intensive Agriculture) to Map Code(s) 7.2 (Service Industrial) or a more restrictive map code designation; (2) A change in zone classification from A WE (Exclusive Agriculture - Wind Energy) to M-2 (Medium Industrial) or a more restrictive district; Planning Department recommendation: Continue to May 5, 1997; Negative Declaration (SD 2) (Tehachapi News) - CONTINUED TO MONDAY, MAY 5, 1997 AT 2:00 P.M.

PUBLIC PRESENTATIONS

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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 TWO MINUTES. PLEASE STATE YOUR NAME BEFORE MAKING YOUR PRESENTATION. THANK YOU! - TERRY STEVENS HEARD RE CHEMICAL AND BIOLOGICAL WARFARE ISSUE PRESENTED TO THE BOARD PREVIOUSLY, AND TITLE 4, U.S. CODE RE FLAGS

BOARD MEMBER ANNOUNCEMENTS OR REPORTS

9710609

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]) -

NO ONE HEARD

Pa-Pr ADJOURNED TO TUESDAY, MARCH 11, 1997 AT 10:00 A.M.

Deputy Clerk of the Board

Chairman, Board of Supervisors

SUMMARY OF PROCEEDINGS

BOARD OF SUPERVISORS - COUNTY OF KERN

Regular Meeting

Tuesday, March 11, 1997

10:00 A.M.

BOARD CONVENED
Supervisors: McQuiston, Perez, Patrick, Peterson, Parra

ROLL CALL: All Present

SALUTE TO FLAG - Led by Supervisor Peterson
*CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: ALL ITEMS LISTED WITH AN ASTERISK (*) WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION
BOARD ACTION SHOWN IN CAPS AFTER EACH ITEM

RESOLUTIONS/PROCLAMATIONS
Pe-Pa

All Ayes

9711940

1) Proclaim March 16-22, 1997, as National Ag Week in Kern County and March 20, 1997, as National Ag Day in Kern County - PROCLAIMED; MADE PRESENTATIONS TO SHARON HOFFMAN, PRESIDENT, KERN COUNTY CHAPTER OF CALIFORNIA WOMEN FOR AGRICULTURE, AND WINNIE PANDOL, PAST PRESIDENT, KERN COUNTY CHAPTER OF CALIFORNIA WOMEN FOR AGRICULTURE AND DIRECTOR OF CALIFORNIA WOMEN FOR AGRICULTURE; SHARON HOFFMAN HEARD
Pa-Pr

All Ayes

9711940

2) Proclaim March 11, 1997, through April 11, 1997, as Grand Jury Awareness Month - PROCLAIMED; MADE PRESENTATION TO LEE MATHERS, FOREMAN OF THE KERN COUNTY GRAND JURY; MEMBERS OF KERN COUNTY GRAND JURY RECOGNIZED
Mc-Pr

All Ayes

9711940

3) Proclaim March 1997, as National Women's History Month in Kern County - PROCLAIMED; MADE PRESENTATION TO GRANT AND GERTRUDE PINNEY; GRANT PINNEY HEARD

PUBLIC REQUESTS
Mc-Pa

All Ayes

9711940

4) Request by the California Association of County Treasurers and Tax Collectors (CACTTC) to present a plaque of appreciation to Phil Franey, 1996/97 CACTTC President by William Parsons, Santa Clara County Treasurer and Tax Collector and CACTTC President-Elect - BARBARA COATES, PAST PRESIDENT OF CALIFORNIA ASSOCIATION OF COUNTY TREASURERS AND TAX COLLECTORS, MADE PRESENTATION TO PHIL FRANEY; MR. FRANEY'S FAMILY, STAFF, AND COUNTY TREASURERS RECOGNIZED; ROY WEYGAND, PRESIDENT OF KERNTAX HEARD

9711190

Pr-

Pa-Mc

4 Ayes

1 No/Pr

5) Request from Wesley W. Crawford, Sr., to address the Board regarding Board support of a Program for Ex-Offenders/Project Rebound and a new assembly bill for the 1997/98 Session, Employment Reform for Nonviolent Ex-Felons - WESLEY W. CRAWFORD HEARD

Motion to authorize Chairman to sign letter of support in concept for the Project Rebound Program to legislators and educational systems - MOTION DIED DUE TO LACK OF SECOND

REFERRED TO COUNTY COUNSEL TO REVIEW AND PROVIDE CONTINUOUS UPDATE TO THE BOARD WHEN COMPREHENSIVE SPECIFIC LEGISLATION IS FORMULATED

Pa-Pe

All Ayes

9711190

(6960)

6) Request from John E. Byfield, M.D., Ph.D., to address the Board regarding a proposed ballot measure giving the Board legal authority to impose Hospital Provider Fees to pay for medical care of Medically Indigent Adults (MIA's) - JOHN BYFIELD, M.D., PH.D, AND ROY WEYGAND, PRESIDENT OF KERNTAX, HEARD; RECEIVED AND FILED DOCUMENT; REFERRED TO COUNTY COUNSEL TO REVIEW PROPOSAL FOR LEGALITY WITHIN THE COUNTY AND STATE, AND LEGAL RAMIFICATIONS ON THE ABILITY OF HOSPITALS TO REFUSE THEIR FAIR SHARE OF MEDICALLY INDIGENT; REFERRED TO COUNTY ADMINISTRATIVE OFFICE AND COUNTY COUNSEL TO REVIEW OVERALL PLAN IN A PRACTICAL AND OPERATIONAL STANDPOINT

APPOINTMENTS/RESIGNATIONS
Pa-Pr

All Ayes

9710000

* 7) Resignations of Carole Toft and Shelly Johnson (terms to expire 8/16/97) from the Kern County Acquired Immune deficiency Syndrome (AIDS) Advisory Board - ACCEPTED RESIGNATION; DIRECTED CLERK OF THE BOARD TO POST VACANCY NOTICES
Pa-Pr

All Ayes

9710000

* 8) Appointments of Brenda Callahan (replacing Hazel Perry) and Nola Torix (replacing Fred Rodriguez) as Tenant Members to the Housing Authority Commission, terms to expire 2/20/99 - MADE APPOINTMENTS
Pa-Pr

All Ayes

9710000

* 9) Resignation of Floyd E. Prewitt from the Assessment Appeals Board, effective when successor is appointed, not later than June 30, 1997 - ACCEPTED RESIGNATION; DIRECTED CLERK OF THE BOARD TO POST VACANCY NOTICE

DEPARTMENTAL REQUESTS
BAKERSFIELD MUNICIPAL COURT
Pa-Pr

All Ayes

9711190

*10) Resolution requesting legislation to ratify positions and salaries for the Municipal Courts and for Superior Court - ADOPTED RESOLUTIONS 96-066 AND 96-067

BOARD OF SUPERVISORS
Pa-Pr

All Ayes

9711190

*11) Request from Supervisor Perez for the Board to adopt a position of support for trial court redesign legislation - APPROVED; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE TO APPROPRIATE LEGISLATORS COMMUNICATING THE BOARD'S POSITION

CLERK OF THE BOARD
Pa-Pr

All Ayes

979083

*12) Amended Conflict of Interest Codes for the Resource Management Agency and the Probation Department - ADOPTED

AMENDED CODES

DISTRICT ATTORNEY
Pa-Pr

All Ayes

9711105

*13)

Addition of one Legal Clerk position, effective 3/15/97, and the deletion of one Legal Processing Clerk II position, effective 3/15/97, in Budget Unit 2180 - APPROVED; REFERRED TO PERSONNEL TO AMEND POSITIONS AND SALARY SCHEDULE
Family Support Division
Pa-Pr

All Ayes

9711105

*14) Request to add one Administrative Coordinator position and delete one Family Support Officer IV position effective March 15, 1997 - APPROVED; REFERRED TO PERSONNEL TO AMEND POSITIONS AND SALARY SCHEDULE

EMERGENCY MEDICAL SERVICES
Pa-Pr

All Ayes

9711423

*15) Agreement with Computer Consulting Group for Specialized Technical Services in an amount not to exceed $13,257 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 090-97

FIRE DEPARTMENT
Pa-Pr

All Ayes

9711105

*16) Deletion of one Haz Mat Program Supervisor; one Haz Mat Inspector 2, Fire; and one Word Processing Technician 2 - APPROVED; REFERRED TO PERSONNEL TO AMEND POSITIONS AND SALARY SCHEDULE
Pa-Pr

All Ayes

979526

*17) Agreement with California Department of Corrections, Correctional Institute at Tehachapi, to Furnish Mutual Fire Protection - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 091-97
Pa-Pr

All Ayes

9711107

*18) Unusual travel request for Fire Chief Daniel G. Clark to attend the 1997 Metropolitan Fire Chiefs' Conference in Minneapolis, Minnesota, on May 17-22, 1997, in an amount not to exceed $1,694 - APPROVED
Pa-Pe

All Ayes

979528

19) Donation of nine Global Positioning System Receivers to the Fire Department from Golden Empire Air Rescue - JOHN PENROSE AND PETER BRANDON, GOLDEN EMPIRE AIR RESCUE, HEARD; ACCEPTED DONATION; AUTHORIZED CHAIRMAN TO SIGN LETTER OF APPRECIATION
Pa-Pr

All Ayes

9711105

*20) Request for addition of three Captains, three Engineers, and three Firefighters to the Fire Department, effective March 11, 1997, to staff the new Rosedale Fire Station - APPROVED; REFERRED TO PERSONNEL TO AMEND POSITIONS AND SALARY SCHEDULE

HEALTH DEPARTMENT
Pe-Pa

All Ayes

9710513

21) Agreement with Pair/Marotta Physical Therapy to Provide Professional Services for California Children's Services in an amount not to exceed $55,583 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 092-97
Pa-Pr

All Ayes

9710513

*22) Agreement with The Center for Community Health and Well-being, Inc., to Provide Training and Technical Assistance to the Black Infant Health Program in an amount not to exceed $2,500 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 093-97
Pa-Pr

All Ayes

9710513

*23) Amendment No. 2 to the AIDS Master Grant Agreement with the State Department of Health Services, Office of AIDS, to provide Testing and Counseling Services Related to Acquired Immunodeficiency Syndrome in Kern County in an amount not to exceed $22,698 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 094-97
Pa-Pr

All Ayes

9710513

*24) Agreement with San Joaquin Community Hospital for Immunization Services in the amount of $41,331 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 095-97
Pa-Pr

All Ayes

9710513

*25) Response to Referral Regarding Family Planning and Pregnancy Counseling Brochure - RECEIVED AND FILED
Pa-Pr

All Ayes

9710513

*26) Agreement with Clinica Sierra Vista to Provide Radiological Services to the Health Department in the amount of $8,000 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN

AGREEMENT 096-97

HUMAN SERVICES
Pa-Pr

All Ayes

977983

*27) Agreement with the Regents of the University of California for Annual Training Program for County personnel who provide eligibility services in an amount not to exceed $21,600 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 097-97
Pe-Pr

All Ayes

978637

28)

Policy Direction regarding discontinuance of Food Stamp benefits to Non-Citizen Legal Immigrants - CONSIDERED TWO ALTERNATIVES FOR DISCONTINUING FOOD STAMP BENEFITS TO NON-CITIZEN LEGAL IMMIGRANTS; DIRECTED HUMAN SERVICES TO BRING FORWARD AND COMPLETE THE 1,700 ELIGIBILITY RECERTIFICATIONS BY THE 3/21/97 DEADLINE

KERN MEDICAL CENTER
Pa-Pr

All Ayes

9710510

*29) Proposed Amendment No. 1 to agreement for Professional Radiology Services with Kern Radiology Medical Group, Inc., increasing scope of services and maximum amount payable not to exceed $1,777,500 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 098-97
Pa-Pr

All Ayes

9711130

(11105)

*30) Proposed "Golden Handshake" Retirement for one medical secretary; deletion of medical secretary position - APPROVED; ADOPTED RESOLUTION 97-068 GRANTING GOLDEN HANDSHAKE RETIREMENT EFFECTIVE MARCH 28, 1997; APPROVED DELETION OF ONE FULL-TIME MEDICAL SECRETARY EFFECTIVE MARCH 29, 1997; REFERRED TO PERSONNEL DEPARTMENT TO AMEND POSITIONS AND SALARY SCHEDULE
Pa-Pr

All Ayes

9711105

*31) Proposed deletion of one full-time Medical Secretary position effective March 29, 1997 - APPROVED; REFERRED TO PERSONNEL TO AMEND POSITIONS AND SALARY SCHEDULE

Pa-Pr

All Ayes

9710510

*32) Proposed professional services Agreement with Press-Ganey Associates to conduct patient satisfaction surveys in an amount not to exceed $28,000 - APPROVED; REFERRED TO PURCHASING TO NEGOTIATE AND EXECUTE CONTRACT
Pa-Pr

All Ayes

9710510

*33) Proposed Nursing Affiliation Agreement with the Department of Nursing at the University of Southern California - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 099-97
Pa-Pr

All Ayes

9711107

*34) Retroactive Unusual Travel Request for Gerald A. Starr to travel to Washington, D.C., March 10-12, 1997, in the amount of $2,148.50 to testify before the Health Subcommittee of the House Ways and Means Committee - APPROVED

MENTAL HEALTH
Pa-Pr

All Ayes

979230

*35) Agreement with Trans-West Security Services, Inc., for FY 1996/97 for services to Mental Health consumers and staff in an amount not to exceed $16,000.00 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 100-97
Pa-Pr

All Ayes

979230

*36) Agreement with Mary's T.L.C. Board and Care for FY 1996/1997 for provision of augmented services to consumers in an amount not to exceed $7,600.00 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 101-97
Pa-Pr

All Ayes

979230

*37) Agreement amendment with Gideon's Board and Care for FY 1996/97 for provision of augmented services to consumers in an amount not to exceed $3,300.00 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 102-97
Pa-Pr

All Ayes

979230

*38) Agreement amendment with Jason's Retreat, Inc., for FY 1996/97 for provision of substance abuse rehabilitation services to consumers (increase of seven bed reservations) in an amount not to exceed $52,500.00 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 103-97
Pa-Pr

All Ayes

979230

*39) Agreement amendment with Community Service Organization, Inc., for FY 1996/97 for provision of substance abuse services to consumers (increase of Drug/Medi-Cal productivity) in an amount not to exceed $269,000.00 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 104-97

MUSEUM
Pa-Pr

All Ayes

979716

*40) Waive photographic use and reproduction fees for the Bakersfield Californian's Centennial book project to benefit the Bakersfield Centennial Committee - APPROVED

OFFICE ON AGING
Pa-Pr

All Ayes

979741

*41) Request to Employ Retired County Employee Bernice Hothersall, as Aging Services Program Assistant 1, Range 41.5, Step A for not more than 120 working days or 960 hours whichever is greater - APPROVED
Pa-Pr

All Ayes

978960

*42) Authorization for Office on Aging Information and Referral Program to submit an Application for Title III-F Funding for FY 1997/98 through FY 2000/21 Planning Cycle - APPROVED; AUTHORIZED CHAIRMAN TO SIGN
PARKS AND RECREATION
Pa-Pr

All Ayes

979556

*43) Lake Ming Use Regulations - APPROVED; ADOPTED RESOLUTION 97-069
Pa-Pr

All Ayes

9710865

*44) Request from Boy Scout Troops 3 and 848 for twelve (12) Gratuitous Boat Permits, Fiscal Impact $480.00 - APPROVED; AUTHORIZED ISSUANCE OF TWELVE COUNTY BOAT PERMITS
Pa-Pr

All Ayes

9711940

(10096)

*45) Request to Name a Room at the Kern River Valley Senior Center the Reyes Ponce Room - APPROVED
Pa-Pr

All Ayes

9711940

(10096)

*46) Request to Rename the East Bakersfield Senior Adult Center to the Richard Prado East Bakersfield Senior Center - APPROVED
Kern County Wildlife Resources Commission
Pa-Pr

All Ayes

979617

*47) Funding Request from Kern Environmental Education Program (KEEP) Foundation in the amount of $3,745 for raptor cages and materials - APPROVED FUNDING IN THE AMOUNT OF $3,745 FROM FUNDS AVAILABLE IN THE 1996/97 APPROPRIATIONS FOR CONTRIBUTIONS TO OTHER AGENCIES; AUTHORIZED PARKS DEPARTMENT TO PROCESS NECESSARY DOCUMENTS TO COMPLETE TRANSACTION; AUTHORIZED AUDITOR-CONTROLLER TO ISSUE A WARRANT UPON PRESENTATION OF PROPER DOCUMENTATION

PROBATION
Pa-Pr

All Ayes

979999

*48) Request appropriation of $1,152,000 in unanticipated revenue to Appropriations for Contingencies and approve Budget Transfer from Appropriations for Contingencies in the amount of $1,152,000 to Probation's Budget Unit 2340 - APPROVED
Pa-Pr

All Ayes

9711105

*49) Request addition of one Account Clerk III position and deletion of one Collection Clerk II position, effective March 11, 1997 - APPROVED; REFERRED TO PERSONNEL TO AMEND POSITIONS AND SALARY SCHEDULE
Pa-Pr

All Ayes

978622

*50) Request of Kern County Juvenile Justice Coordinating Council for Supplemental Authorization to Make Application for Grant Funds through Juvenile Crime Enforcement and Accountability Challenge Grant Program - APPROVED; ADOPTED RESOLUTION 97-070; AUTHORIZED CHAIRMAN TO SIGN LETTER OF SUPPORT
Pa-Pr

All Ayes

9711165

*51) Proposed adjustment to Probation Department Fee Schedule - ADOPTED RESOLUTION 97-071 SETTING HEARING FOR MONDAY, MARCH 24, 1997, AT 2:00 P.M.; DIRECTED CLERK OF THE BOARD TO PUBLISH; WAIVED READING; INTRODUCED ORDINANCE
Pa-Pr

All Ayes

979999

*52) Request Authorization to Sign Grant Agreement for Young Men As Fathers/Mentoring Program with the Department of the Youth Authority - APPROVED; AUTHORIZED CHIEF PROBATION OFFICER TO SIGN; APPROVED APPROPRIATION OF $41,760 IN UNANTICIPATED REVENUE TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER FROM APPROPRIATIONS FOR CONTINGENCIES OF $41,760 TO PROBATION'S BUDGET UNIT 2340
Pa-Pr

All Ayes

976933

*53) Agreement with Sandrini Clinic to provide medical services for the Juvenile Forestry Camp in an amount not to exceed $500 per month, from 3/01/97 to 2/29/98 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 105-97
Pa-Pr

All Ayes

976642

*54) Request to amend uniform requirement for the Probation Department - APPROVED
Pa-Pr

All Ayes

9711367

*55) Proposed Agreement to Fund Research Design for Truancy Reduction Program with Kern County Superintendent of Schools Office in an amount not to exceed $5,000 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 106-97

RETIREMENT
Pe-Pr

All Ayes

9711367

56) Addition of one Administrative Coordinator, Option 2 position, effective March 11, 1997, and the deletion of one Executive Secretary position, effective April 1, 1997 - ROY WEYGAND, PRESIDENT OF KERNTAX, HEARD; APPROVED; REFERRED TO PERSONNEL TO AMEND POSITIONS AND SALARY SCHEDULE

SHERIFF
Pa-Pr

All Ayes

979528

*57) Donation of 1990 Ford pick-up, California License 4B79786, VIN #1FTDF15NXLA99867 for the Kern County Citizen Service Unit, Lamont - APPROVED; ORDERED THE 1990 FORD PICK-UP ADDED TO SHERIFF'S INVENTORY; AUTHORIZED CHAIRMAN TO SIGN LETTER OF APPRECIATION TO GRIMMWAY FARMS
Pr-Mc

All Ayes

9711107

58) Request for retroactive approval of out-of-state travel for Pilot Chet Wright and Aircraft Mechanic Adam Valdez to travel to Rapid City, South Dakota, March 3-6, 1997, in the amount of $1,932.00 to take possession of a military surplus helicopter - APPROVED
Pr-Pa

All Ayes

979293

59) Request for ratification of Release of Liability contract between the Sheriff's Department and the Department of Defense in order to acquire major assets - RECEIVED AND FILED DOCUMENT; RATIFIED RELEASE OF LIABILITY CONTRACT BETWEEN THE SHERIFF AND THE DEPARTMENT OF DEFENSE, ET AL, SIGNED BY THE SHERIFF ON FEBRUARY 18, 1997; AUTHORIZED SHERIFF TO ACQUIRE MAJOR ASSETS HE DEEMS NECESSARY AND/OR BENEFICIAL TO THE KERN COUNTY SHERIFF'S DEPARTMENT AS THEY COME AVAILABLE THROUGH THE EXCESS FEDERAL PROPERTY PROGRAM; AUTHORIZED SHERIFF OR HIS ASSIGNEE TO SIGN ALL CONTRACTS AND DOCUMENTS REQUIRED BY FEDERAL AND STATE AGENCIES ASSOCIATED WITH THE ACQUISITION OF PROPERTY THROUGH THE EXCESS FEDERAL PROPERTY PROGRAM

Pa-Pr

All Ayes

979528

*60) Donation of used/stripped Sheriff's vehicle from Sheriff's Fleet Management to the City of Maricopa Police Department - APPROVED DONATION OF VEHICLE, AS IS, TO THE CITY OF MARICOPA

PUBLIC PRESENTATIONS

9710520

(11940)

(10096)

61) This portion of the meeting is reserved for persons desiring 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! - Martin Castro, President of the East Bakersfield Senior Center questioned the consent status of agenda item #46, renaming the East Bakersfield Senior Adult Center to the Richard Prado East Bakersfield Senior Center - THE FAMILY OF RICHARD PRADO WAS INTRODUCED AND RECOGNIZED

BOARD MEMBER ANNOUNCEMENTS OR REPORTS

9710609

Pr-Pa

979921

62) 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 Parra discussed newspaper article regarding the deadline for legislation for Kern Medical Center - REFERRED TO COUNTY ADMINISTRATIVE OFFICE TO REVIEW FOR REPORT BACK TO THE BOARD

CLOSED SESSION
County Counsel
Pe-Pa

All Ayes

9710064

(9624)

63) Request for closed session regarding a lawsuit or proceeding formally initiated entitled County of San Bernardino, etc. v. County of Kern, et al., San Bernardino County Superior Court, Central District, Case No. SCV 31576. (Government Code Section 54956.9(a)) -
Pe-Mc

All Ayes

9710064

(9624)

63A) Results of closed session regarding a lawsuit or proceeding formally initiated entitled County of San Bernardino, etc. v. County of Kern, et al., San Bernardino County Superior Court, Central District, Case No. SCV 31576. (Government Code Section 54956.9(a)) - CONTINUED TO TUESDAY, 3/11/97, AT 2:00 P.M. (SEE ITEM #112)
Pe-Pa

All Ayes

9710064

(9624)

64) Request for closed session regarding a lawsuit or proceeding formally initiated entitled Claim Against U.S.D.A. Shafter Experimental Farm (Government Code Section 54956.9(a)) -
Pa-Pr

All Ayes

9710064

(9624)

64A) Results of closed session regarding a lawsuit or proceeding formally initiated entitled Claim Against U.S.D.A. Shafter Experimental Farm (Government Code Section 54956.9(a)) - CONTINUED TO TUESDAY, 3/11/97, AT 2:00 P.M. (SEE ITEM #113)
Pe-Pa

All Ayes

9710064

(9624)

65) Request for closed session regarding significant exposure to litigation (one case) pursuant to Government Code section 54956.9(b)(3)(C) -
Pe-Mc

All Ayes

9710064

(9624)

65A) Results of closed session regarding significant exposure to litigation (one case) pursuant to Government Code section 54956.9(b)(3)(C) - CONTINUED TO TUESDAY, 3/11/97, AT 2:00 P.M. (SEE ITEM #114)
Pe-Pa

All Ayes

9710064

(9624)

66) Request for closed session regarding pending litigation re Padres Hacia Una Vida Mejor et al. vs. County of Kern, et al., Kern County Superior Court No. 229670-NFT -

Pe-Mc

All Ayes

9710064

(9624)

66A) Results of closed session regarding pending litigation re Padres Hacia Una Vida Mejor et al. vs. County of Kern, et al., Kern County Superior Court No. 229670-NFT - CONTINUED TO TUESDAY, 3/11/97, AT 2:00 P.M. (SEE ITEM #115)

Pe-Mc RECONVENED FROM CLOSED SESSION; RECESSED TO 2:00 P.M.

______________________________

Clerk of the Board

______________________________

Chairman, Board of Supervisors

TUESDAY, MARCH 11, 1997

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 (*) WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION

BOARD ACTION SHOWN IN CAPS AFTER EACH ITEM

Pe-Pa ADJOURNED TO KERN SANITATION AUTHORITY DISTRICT

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

KERN SANITATION AUTHORITY

Pe-Pa

All Ayes

9710506

#67) Contract No. 96003; Plans and Special Provisions and Notice to Contractors for Headworks Facility Project, Funding $500,000 - MADE FINDING THIS PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PER SECTION 15301(B) OF THE STATE CEQA GUIDELINES; AUTHORIZED WASTE MANAGEMENT DEPARTMENT TO FILE NOTICE OF EXEMPTION; APPROVED THE PLANS AND SPECIAL PROVISIONS; AUTHORIZED CHAIRMAN TO SIGN THE PLANS; AND AUTHORIZED THE WASTE MANAGEMENT DEPARTMENT TO PUBLISH THE NOTICE TO CONTRACTORS IN A NEWSPAPER OF GENERAL CIRCULATION PURSUANT TO SECTION 20783 OF THE PUBLIC CONTRACTS CODE; BID OPENING TO BE WEDNESDAY, APRIL 9, 1997, 11:00 A.M.

Pe-Pa

All Ayes

9710506

#68) Plans and Specifications for Aboveground Gasoline Storage Tank Facility, Funding $30,000 - MADE FINDING THAT THIS PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PER SECTION 15301 OF THE STATE CEQA GUIDELINES; AUTHORIZED THE WASTE MANAGEMENT DEPARTMENT TO FILE NOTICE OF EXEMPTION; APPROVED THE PLANS AND SPECIFICATIONS; AUTHORIZED THE WASTE MANAGEMENT DEPARTMENT TO PREPARE THE NECESSARY REQUISITION FOR THE PURCHASING AGENT TO SOLICIT BIDS

Pe-Pa ADJOURNED AS KERN SANITATION AUTHORITY AND CONVENED AS BOARD OF SUPERVISORS
DEPARTMENTAL REQUESTS
COUNTY ADMINISTRATIVE OFFICE
Pa-Pr

All Ayes

975188

*69) California Medi-Cal Disproportionate Share Hospital Program-Transfer of Funds - (1) APPROVED APPROPRIATION OF UNANTICIPATED REVENUE TO APPROPRIATIONS FOR CONTINGENCIES IN AMOUNT OF $11,441; (2) APPROVED BUDGET TRANSFER FROM APPROPRIATIONS FOR CONTINGENCIES (GENERAL FUND) IN AMOUNT OF $11,441 TO CONTRIBUTIONS FOR MEDICAL CARE BUDGET UNIT (#4204); AND (3) AUTHORIZED AUDITOR-CONTROLLER TO MAKE INTERGOVERNMENTAL TRANSFER TO STATE OF CALIFORNIA FOR KERN COUNTY'S REQUIRED PAYMENT FOR PARTICIPATION IN MEDI-CAL DISPROPORTIONATE SHARE HOSPITAL PROGRAM FOR FY 1996-97
Pa-Pr

All Ayes

979379

*70) Proposed Workplace Violence Policy - (1) ADOPTED PROPOSED WORKPLACE VIOLENCE POLICY; (2) REFERRED MATTER TO CAO TO AMEND COUNTY ADMINISTRATIVE PROCEDURES MANUAL TO INCLUDE WORKPLACE VIOLENCE POLICY; (3) REFERRED DEVELOPMENT OF RESPONSE POLICIES, IMPLEMENTATION, AND TRAINING ASSOCIATED WITH WORKPLACE VIOLENCE POLICY TO COUNTY SAFETY COMMITTEE AND COUNTY COUNSEL - RISK MANAGEMENT DIVISION
Pa-Pr

All Ayes

9711411

*71) Issuance of Request for Proposals for Year 2000 Compliant Computer Software for Financial Management and Human Resource Systems - APPROVED
Pa-Pr

All Ayes

979838

(10220)

*72) Report re development of a Request for Qualifications for energy consultant (from 2/4/97 and 2/25/97) - CONTINUED TO TUESDAY, MARCH 18, 1997 AT 2:00 P.M.
Pa-Pr

All Ayes

9712304

73) FY 1997-98 Financial Forecast and Budget Development Guidelines - APPROVED PROPOSED FY 1997-98 BUDGET DEVELOPMENT GUIDELINES; AUTHORIZED COUNTY ADMINISTRATIVE OFFICE TO ISSUE GUIDELINES TO ALL COUNTY DEPARTMENTS
General Services Division
S.D. 3
Pa-Pr

All Ayes

9712314

*74) Plans and Specifications for the Sheriff's Department, Building F Interior Painting - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301(a); AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTION; APPROVED PLANS AND SPECIFICATIONS; AUTHORIZED CHAIRMAN TO SIGN PLANS; AUTHORIZED GENERAL SERVICES TO PREPARE REQUISITION FOR PURCHASING AGENT TO SOLICIT BIDS
Pa-Pr

All Ayes

9712315

*75) (8993.8201) Plans and Specifications for Special Waste Facility at 4227 Foster Avenue - APPROVED PLANS AND SPECIFICATIONS; AUTHORIZED CHAIRMAN TO SIGN PLANS; AUTHORIZED GENERAL SERVICES TO PUBLISH PURSUANT TO PUBLIC CONTRACT CODE SECTION 20125; BID OPENING IS SCHEDULED FOR THURSDAY, APRIL 3, 1997, AT 11:00 A.M.
S.D. 5
Pa-Pr

All Ayes

9712068

*76) (1960.8137) Change Order No. 4 for Arvin Library, providing for an increase of $5,257.02 and allowing additional time - CONTINUED TO TUESDAY, MARCH 18, 1997 AT 2:00 P.M.

Pa-Pr

All Ayes

9712149

*77) (1960.8189) Change Order No. 3 for the Mental Health Outpatient Crisis Center Remodel, providing for a reduction of $34,718.13 and allowing additional time - APPROVED; AUTHORIZED CHAIRMAN TO SIGN
Pa-Pr

All Ayes

9712306

*78) Proposed Agreement for Sublease of 2011 Niles Street, at an annual rent of $17,280.00, to provide office space for the Sheriff's Department, Operation Revitalization, East Bakersfield Community Policing Project - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; DIRECTED CLERK OF THE BOARD TO COMPLETE AND FILE NOTICE OF EXEMPTION; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 107-97 UPON FINAL APPROVAL AS TO FORM BY COUNTY COUNSEL
All S.D.'s
Pa-Pe

All Ayes

9710437

79) Report on 1996 County Christmas CanTree Campaign and Plaque Presentation - RECEIVED AND FILED; MADE PRESENTATIONS TO ASSESSOR'S OFFICE, 1ST PLACE, AND INFORMATION TECHNOLOGY SERVICES, 2ND PLACE, FOR TOTAL POUNDS; CLERK OF THE BOARD, 1ST PLACE, AND WEIGHTS AND MEASURES, 2ND PLACE, FOR POUNDS PER PERSON
Information Technology Services Division
Pa-Pr

All Ayes

979461

*80) State Contract for State Grant Funding of Disposition of Arrest and Court Action (JUS 8715) Automation - APPROVED; ADOPTED RESOLUTION 97-072; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 108-97
Pa-Pr

All Ayes

979461

*81) Contract renewal with the Department of Corrections, North Kern State Prison for CLETS - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 109-97
COUNTY COUNSEL
Pa-Pr

All Ayes

9711170

*82) Proposed ordinance adding subsections (56), (57), (58), (59), (60), (61), (62) and (63) to Section 10.16.041 of the ordinance code of the County of Kern concerning no stopping zones on Oswell Street - WAIVED READING; INTRODUCED ORDINANCE
Pa-Pr

All Ayes

979542

*83) Request from the Agricultural Commissioner to destroy records no longer needed and eligible for destruction - APPROVED
RESOURCE MANAGEMENT AGENCY
Pa-Pr

All Ayes

MOTION TO CONSIDER NON-AGENDA ITEM: FOUND THAT NEED TO TAKE ACTION ON NON-AGENDA MATTER OCCURRED AFTER AGENDA WAS POSTED BECAUSE THIS ISSUE MUST BE TRANSMITTED THIS WEEK TO SENATOR COSTA FOR INCLUSION IN BUDGET DELIBERATIONS
Pa-Pr

All Ayes

9711190

83A) Proposition 204 Funding for Kern River Parkway Land Acquisition and Related Projects - ADOPTED POSITION OF SUPPORT FOR THE APPROPRIATION OF $1 MILLION OF PROPOSITION 204 BOND PROCEEDS FOR THE KERN RIVER PARKWAY; AUTHORIZED CHAIRMAN TO SIGN JOINT LETTER OF SUPPORT
RESOURCE MANAGEMENT AGENCY

Community Development Department

Pa-Pr

All Ayes

9710511

*84) Proposed Project Agreement between the Golden Empire Gleaners Inc. And the County Obligating $342,000 of Community Development Block Grant (CDBG) Funds for Acquisition of Property within the City of Bakersfield for Expansion of Gleaner's Surplus Food Storage and Distribution Facility - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 110-97; AUTHORIZED CDPD AND GENERAL SERVICES TO IMPLEMENT THE PROPERTY ACQUISITION ON BEHALF OF THE GLEANERS
Pa-Pr

All Ayes

9710511

*85) Reallocation of FY 94-95 HOME Program Funds to Re-establish Funding for the Shafter Homebuyer Program - APPROVED AMENDMENT DATED MARCH 11, 1997, OF THE COUNTY FY 94-95 HOME PROGRAM DESCRIPTION 1997 TO REALLOCATE $90,850 OF FY 94-95 HOME PROGRAM FUNDS TO FUND THE SHAFTER HOMEBUYER PROGRAM

RESOURCE MANAGEMENT AGENCY

Engineering and Survey Services

S.D. 1
Pa-Pr

All Ayes

9711241

(8575)

*86) Conditional Use Permit No. 14, Map 102-1; East side of Airport Drive, between China Grade Loop and Day Avenue; Approval of Completed Street, Drainage, Water and Sewer Improvements; Resolution for Acceptance of Offer of Dedication, Slope Easement and Temporary Turnaround Easement, and Declaration as a County Road; Ashwood Construction Company - APPROVED COMPLETED STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS; ADOPTED RESOLUTION 97-073 FOR ACCEPTANCE OF OFFER OF DEDICATION OF EASEMENT, SLOPE EASEMENT, AND TEMPORARY TURNAROUND EASEMENT AND DECLARATION OF PARK MEADOWS DRIVE WITHIN THE CONDITIONAL USE PERMIT AS A COUNTY ROAD
S.D. 2
Pa-Pr

All Ayes

9710515

*87) Proposed RFP for Street Sweeping Services for a three-year period within CSA 63, Zone of Benefit No. 3 (Rosamond) - MADE FINDING THAT PROJECT IS CATEGORICALLY EXEMPT PER SECTION 15301(c) OF THE STATE CEQA GUIDELINES; APPROVED BID PACKAGE; AUTHORIZED CLERK OF THE BOARD TO FILE NOTICE OF EXEMPTION; AUTHORIZED ROADS DEPARTMENT TO PUBLISH NOTICE TO CONTRACTORS; BID OPENING DATE IS TO BE WEDNESDAY, APRIL 9, 1997 11:00 AM
S.D. 3
Pa-Pr

All Ayes

9710515

*88) Proposed RFP for Landscape Maintenance Services for a three-year period within CSA 85 - MADE FINDING THAT PROJECT IS CATEGORICALLY EXEMPT PER SECTION 15301(h) OF THE STATE CEQA GUIDELINES; APPROVE BID PACKAGE; AUTHORIZED CLERK OF THE BOARD TO FILE NOTICE OF EXEMPTION; AUTHORIZED ROADS DEPARTMENT TO PUBLISH NOTICE TO CONTRACTORS; BID OPENING DATE TO BE APRIL 9, 1997 11:00 AM

Pa-Pr

All Ayes

9710515

(10505)

(11812)

*89) Resolution of Application to LAFCO; Annexation No. 9 to CSA No. 17, north of Breckenridge Road, east of Monica Street (PM #9851) - APPROVED; ADOPTED RESOLUTION 97-074; AUTHORIZED ESS TO FILE NECESSARY DOCUMENTS WITH LAFCO

S.D. 5
Pa-Pr

All Ayes

9712292

*90) Contract No. 97020, Replacement of Sterling Road Storm Drain; Project No. 1650.7276 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN
Pa-Pr

All Ayes

9710515

(10505)

(11946)

*91) Resolution of Application to LAFCO; Formation of CSA No. 87, south of Panama Road and east of Habecker (Tract No. 5686) - APPROVED; ADOPTED RESOLUTION 97-075; AUTHORIZED ESS TO FILE NECESSARY DOCUMENTS WITH LAFCO

RESOURCE MANAGEMENT AGENCY

Roads Department

All S.D.'s
Pa-Pr

All Ayes

978575

(8255)

(12304)

92) Report on Kern County Roads System - RECEIVED AND FILED; REFERRED TO BUDGET FILE; REFERRED TO CAO TO EVALUATE POSSIBLE CERTIFICATE OF PARTICIPATION (COP) FINANCING

Pa-Pr

All Ayes

979748

*93) Modification of Section 10.04 of the Kern County Ordinance Code (Speed Limits) - APPROVED; REFERRED TO COUNTY COUNSEL
Pa-Pr

All Ayes

9712316

*94) Contract No. 97032, Plans, Specifications, Notice to Contractors for Construction of Asphalt Concrete (Stockpile) in Kern County - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301(c); AUTHORIZED ROADS TO FILE NOTICE OF EXEMPTION; APPROVED PLANS AND SPECIFICATIONS; AUTHORIZED CHAIRMAN TO SIGN PLANS; AUTHORIZED ROADS TO PUBLISH PURSUANT TO SECTION 20392 OF PUBLIC CONTRACTS CODE; BID OPENING DATE IS TO BE APRIL 9, 1997, 11:00 A.M.

S.D. 1
Pa-Pr

All Ayes

9712123

*95) Reconstruction of North Chester Avenue from Universe Avenue to North Chester Avenue Extension; Adoption of Negative Declaration - MADE FINDING THAT PROJECT WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT; ADOPTED NEGATIVE DECLARATION; FILED NOTICE OF DETERMINATION AND CERTIFICATE OF FEE EXEMPTION; AUTHORIZED ROAD DEPARTMENT TO PROCEED WITH CONSTRUCTION PROJECT

S.D. 2
Pa-Pr

All Ayes

978575

*96) County Road 3705, Easement Deed, Escrow Instruction and Right of Way Agreement providing for purchase of portion of the David J. Harvey property for improvement of Rosamond Blvd. - AUTHORIZED CHAIRMAN TO SIGN ESCROW INSTRUCTIONS AND RIGHT OF WAY AGREEMENT 111-97; ACCEPTED DEED; AUTHORIZED AUDITOR-CONTROLLER TO AFFECT PAYMENT OF $18,810.00 AND NECESSARY ESCROW CHARGES

S.D. 3
Pa-Pr

All Ayes

978575

*97) County Road 3796, "Contract for Special Services - Real Estate Appraiser" with Karpe-Fisher Company, Inc., for evaluation of certain properties in connection with the improvement of Calloway Drive between Rosedale Hwy. and Bakersfield City Limits - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 112-97; AUTHORIZED AUDITOR-CONTROLLER TO AFFECT PAYMENT OF $16,200.00

Pa-Pr

All Ayes

9712296

*98) Contract No. 97015, Accept Low Bid for Construction on Heath Road between Stockdale Highway and Johnson Road - ACCEPTED BID OF GRIFFITH COMPANY IN THE AMOUNT OF $110,555.00; AUTHORIZED ROADS DEPARTMENT TO PREPARE THE NECESSARY CONTRACT DOCUMENTS AND RELEASED ALL OTHER BID GUARANTEES
S.D. 1 & 2
Pa-Pr

All Ayes

9712317

*99) Contract No. 97033, Plans, Specifications, Notice to Contractors for Construction of Asphalt Concrete (Stockpile) in East Kern County - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301(c); AUTHORIZED ROADS TO FILE NOTICE OF EXEMPTION; APPROVED PLANS AND SPECIFICATIONS; AUTHORIZED CHAIRMAN TO SIGN PLANS; AUTHORIZED ROADS TO PUBLISH PURSUANT TO SECTION 20392 OF PUBLIC CONTRACTS CODE; BID OPENING DATE IS TO BE APRIL 9, 1997, 11:00 A.M.

S. D. 3 & 5
Pa-Pr

All Ayes

9712297

*100) Contract No. 97005, Accept Low Bid for Construction of Traffic Signals and Highway Lighting System on East Brundage Lane at Fairfax Road, CML 5950(096) - CONTINUED TO TUESDAY, MARCH 18, 1997 AT 2:00 P.M.

Pa-Pr

All Ayes

9712298

*101) Agreement with California Water Service Company for Adjustment of Utility Facilities Incidental to Construction on Bernard Street and River Boulevard - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 113-97

Pa-Pr

All Ayes

9712298

*102) Contract No. 97008, for Construction on Bernard Street and River Boulevard with Griffith Company in the amount of $308,000.00 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN

CONSIDERATION OF ORDINANCE INTRODUCED ON TUESDAY, FEBRUARY 25, 1997
Pa-Pr

All Ayes

9710000

*103) Ordinance approving the Kern County Treasurer-Tax Collector's 1997 statement of investment policy, delegating investment authority over County funds to Treasurer-Tax Collector for calendar year 1997, and providing for the annual review of county investment policy and delegation of investment authority on or before March 1 of each succeeding calendar year - ENACTED ORDINANCE G-6375
MATTERS FOR EXECUTIVE APPROVAL
Pr-Pa

All Ayes

9711106

104) Budget Transfers - APPROVED #152 THROUGH #162
Pr-Pa

All Ayes

9711107

105) Travel Requests (out-of-state) - APPROVED A. ERENBERG TO WASHINGTON, DC; E. ARSURA TO SAN ANTONIO, TX; C. EDWARDS TO NEW ORLEANS, LA; C. FARR TO LITTLE ROCK, AR; D. PEERY TO ALEXANDRIA, VA; C. FARR AND R. LLOYD TO LAUGHLIN, NV; N. JAWORSKI TO ORLANDO, FL
Pr-Pa

All Ayes

9711108

106) Minutes for week of February 10, 1997 - APPROVED WITH CORRECTION TO THE VOTE ON ITEM #34, FEBRUARY 11, 1997 10:00 A.M. TO READ "3 AYES, 2 NOES/PE-PZ"
Pa-Pr

All Ayes

107) Miscellaneous Letters and Documents - FILED
Pa-Pr

All Ayes

108) Departmental referrals by Clerk of the Board - APPROVED AND FILED
PUBLIC PRESENTATIONS
9710520 109) 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! -
Pr-Pa

4 Ayes

1 No/Pe

9711190

Roy Weygand, President of Kerntax, heard re failure to meet the deadline for legislation to assist Kern Medical Center and the possibility of adding proposed legislation to existing proposed legislation which met the filing deadline - REFERRED TO CAO TO PREPARE CORRESPONDENCE TO LEGISLATORS FOR BOARD MEMBERS' SIGNATURES
9712304

(11190)

Jim Ahl, Local 1301, expressed concern re newspaper articles on how to raise monies for our communitites, the lack of planning, the priorities of county services, and the need for planning for the future and communicating with our legislators
BOARD MEMBER ANNOUNCEMENTS OR REPORTS
9710609 110) 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 MCQUISTON INTRODUCED CERRO COSO COLLEGE POLITICAL SCIENCE STUDENT RANDY WEBB
CLOSED SESSIONS
County Administrative Office
Pa-Pr

All Ayes

9710064

111) Request for closed session re Department Head Performance - Title: Director of Libraries -
County Counsel
Pa-Pr

All Ayes

9710064

(9624)

112) Request for closed session regarding a lawsuit or proceeding formally initiated entitled County of San Bernardino, etc. v. County of Kern, et al., San Bernardino County Superior Court, Central District, Case No. SCV 31576. (Government Code Section 54956.9(a)) (from 3/11/97 10:00 A.M. Item #63A) -
Pa-Pr

All Ayes

9710064

(9624)

113) Request for closed session regarding a lawsuit or proceeding formally initiated entitled Claim Against U.S.D.A. Shafter Experimental Farm (Government Code Section 54956.9(a)) (from 3/11/97 10:00 A.M. Item #64A) -
Pa-Pr

All Ayes

9710064

(9624)

114) Request for closed session regarding significant exposure to litigation (one case) pursuant to Government Code section 54956.9(b)(3)(C) (from 3/11/97 10:00 A.M. Item #65A) -
Pa-Pr

All Ayes

9710064

(9624)

115) Request for closed session regarding pending litigation re Padres Hacia Una Vida Mejor et al. vs. County of Kern, et al., Kern County Superior Court No. 229670-NFT (from 3/11/97 10:00 A.M. Item #66A) -

Pe-Mc

RECONVENED FROM CLOSED SESSION AND ADJOURNED TO TUESDAY, MARCH 18, 1997 AT 10:00 A.M.

Clerk of the Board

Chairman, Board of Supervisors

107) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED

DEPARTMENTAL

Auditor-Controller-County Clerk
9711028 A) County's "Single Audit" Report for 1996
9711028 B) Review of Current Internal Controls Over Cash and Cash Receipts and Financial Records of the Employers' Training Resource
9711028 C) Review of Current Internal Controls Over Cash and Cash Receipts and Financial Records of the Office on Aging - RECEIVE AND FILE

Clerk of the Board
9711946 D) Received, certified, and forwarded to Recorder for recordation as follows:

1) Tract No. 5386, Phase D (S.D. 3)

2) Tract No. 5426, Phase A (S.D. 4)

3) Tract No. 5846, Phase A (S.D. 2)

9711812 E) Received, certified, and forwarded to Recorder for recordation as follows:

1) Parcel No. 10274 (S.D. 2)

2) Parcel No. 10315 (S.D. 1)

3) Parcel No. 10253 (S.D. 4)

4) Parcel No. 10257 (S.D. 1)

Community Development Program Department
9710511

(10717)

F) Memo re Meeting with HUD Representatives (Copy to each Supervisor and CAO)
9710511 G) Agenda information from Housing and Urban Development re Annual Review of Performance by Grant Recipients (Copy to each Supervisor and CAO)
9710511 H) Letter to Jeff Piper re CD Activity #12.95.1, Arvin Downtown Landscape Improvements-Phase II (Copy to each Supervisor and CAO)
9710511 I) Consultant Service Agreement, County of Kern, Community Development Program Department, M.E. Shay & Co. (Arvin Village Apartments, Arvin)
9710511 J) Consultant Service Agreement, County of Kern, Community Development Program Department, Community Economics, Inc. (White Lane Apartments, Bakersfield)
County Counsel
9711130 K) Letter to Ward A. Wollesen re Agreement for Professional Services-Judith G. Skerl (Copy to each Supervisor and CAO)
Local Agency Formation Commission
9710505 L) Proceeding No. 1213 Report and Recommendation in the Matter of City of Bakersfield, Annexation No. 391 (Greenlawn Cemetery) (Copy to each Supervisor and CAO)
9710505 M) Proceeding No. 1214 Report and Recommendation in the Matter of City of Shafter, Annexation No. 68 (Copy to each Supervisor and CAO)
9710505 N) Proceeding No. 1222 Report and Recommendation in the Matter of City of Tehachapi, Annexation No. 69 (Copy to each Supervisor and CAO)
9710505 O) Agenda of Meeting on February 25, 1997 (Copy to each Supervisor and CAO)
9710505 P) Minutes of Special Meeting of February 5, 1997 (Copy to each Supervisor and CAO)
9710505 Q) Minutes of Meeting of January 28, 1997 ( Copy to each Supervisor and CAO)
Office on Aging
9711160 R) Response to the Auditor-Controller's Audit
Planning Department
979779 S) Letter to U.S. Fish and Wildlife Service re Headwaters Project (Copy to each Supervisor and CAO)
9711135 T) New Street Name - Ashley Emili Lane
9711135 U) New Street Name - Deadrich Ranch Road
Resource Management Agency
9711252 V) Letter to Members of the Board re Common Complaints and Who to Call (Copy to each Supervisor and CAO)
Sheriff's Department
9711140 W) Thank You Letter to Messrs. Leonard Parey and Darren Hobson re Generous donation of one set of floor mats and one dash cover
Treasurer and Tax Collector
9710723 X) Deferred Compensation Plan Quarterly Statements
Miscellaneous
9711083 Y) Notice of Job Opportunity from Office of Criminal Justice Planning (Copy to each Supervisor, CAO and Personnel)
978707 Z) Letter from Department of Water Resources re State Water Project Supplemental Water Purchase Program Draft Environmental Impact Report (Copy to each Supervisor, CAO, Planning, Engineering and Survey Services, and County Counsel)
9710505 AA) Letter from City of Bakersfield, Office of the City Attorney re Casa Loma No. 6 Annexation No. 392, LAFCO Proceeding No. 1218 (Copy to each Supervisor and CAO)
9712313 BB) Letter to Michael S. Konnoff from Kern County Bar Association re Kern County Bar Association's proposed lease with County of Kern (Copy to each Supervisor, CAO and County Counsel)
978622 CC) Board of Corrections Information Bulletin 97-1 re Juvenile Crime Enforcement and Accountability Challenge Grant (Copy to each Supervisor, CAO and Probation)
9711920 DD) Agenda for March 6, 1997 Regular Meeting of the Planning Commission of the City of Bakersfield (Copy to each Supervisor, CAO and Planning)
979355 EE) Transmittal Letter from Caltrans Hazardous Material Specialist to Report an Illegal or Threatened Discharge of Hazardous Waste which you know is likely to cause Substantial Injury (Copy to each Supervisor, CAO, Environmental Health and Fire-Hazard Management)
979355 FF) Letter from the Department of California Highway Patrol re Illegal discharge of hazardous waste (Copy to each Supervisor, CAO, Fire-Hazardous Materials and Environmental Health)
9710220 GG) Letter from PG&E re Notice of Gas Core Procurement Monthly Pricing Mechanism (Copy to each Supervisor, CAO, General Services and County Counsel)
978885

(10220)

HH) Letter from PG&E re 1997 Rule 20A allocation and annual summary of available electric underground conversion funds (Copy to each Supervisor, CAO, ESS and General Services)
978255 II) Letter from Public Facilities Investment Corporation re the Privatized Development and Tax-exempt financing of county facilities such as parking structures, schools, stadiums/arenas, water and sewer plants, correctional and judicial, administrative buildings, and aquatic centers allowing the county to either own or lease the facility (Copy to each Supervisor, CAO, General Services and County Counsel)
9711940 JJ) Letter from Southern Sierra Council-Meridian District Boy Scout Troop 712 re the awarding of the Eagle Scout rank to Chad Rosenlieb (Copy to each Supervisor and CAO)
9711232 KK) Letter from Bureau of Land Management re proposed rule on Federal Coal Management Program (Copy to each Supervisor and CAO)
9711124 LL) Notices of Default and Election to sell under Deed of Trust with Equitable Deed Company and California Reconveyance Company, Trustee Sale No. D133074-77, Reference No. 0670057 (Copy to each Supervisor, CAO, Auditor, Assessor, Treasurer and County Counsel)
9711124 MM) Notice of Default and Election to sell under Deed of Trust with California Reconveyance Company, Trustee Sale No. 567286 (Copy to each Supervisor, CAO, Treasurer, Auditor, Assessor and County Counsel)
9711124 NN) Notice of Default and Election to sell under Deed of Trust, Trustee's Sale No. 169884 (Copy to each Supervisor, CAO, Treasurer, Auditor, Assessor, and County Counsel)
979779 OO) News letter from California Department of Fish and Game re Wild Trout Project (Copy to each Supervisor, CAO and Parks)
977927 PP) Letter from Department of Industrial Relations re General Prevailing Wage Determinations and the General Prevailing Wage Apprentice Schedule (Copy to Personnel)
9711140 QQ) Thank you letter from Pastor Ray Vialpando in appreciation of City and Community efforts (Copy to each Supervisor)
9711232 RR) Notice of Exchange Proposal, CACA 37101 F1/P1, Proposed Exchange of Lands in Kern, Los Angeles and San Bernardino Counties, California (Copy to each Supervisor, CAO, Property Management, Planning, Treasurer, Assessor and County Counsel)
9711352 SS) Letter from Greater Bakersfield Chamber of Commerce re Grant funds to staff a Center for the Promotion of Imports/Exports (CENPRO) (Copy to each Supervisor, CAO and County Counsel)
9711558 TT) Magazine re 16th Annual Training Conferences & Jail Expo in Salt Lake City, UT, May 18-22, 1997 (Copy to each Supervisor)
978199 UU) Bureau of Justice Statistics Executive Summary from U.S. Department of Justice re Campus Law Enforcement Agencies 1995 (Copy to each Supervisor and CAO)
976212 VV) News Release from U.S. Department of the Interior re allocation of 100 Percent Supply to Water Service Contractors and Refuges and Experimental Fish Restoration Flows (Copy to each Supervisor and CAO)
976212 WW) Negotiation Advisory from Bureau of Reclamation re Title Transfer Negotiations with Contra Costa Water District (Copy to each Supervisor and CAO)
9711232 XX) Notice of Decision, Exchange of Lands from United States Department of the Interior, Bureau of Land Management, El Centro Resource Area (Copy to each Supervisor, CAO, and Property Management)
979779 YY) State of California, Fish and Game Commission, Agenda for March 6, 1997 (Copy to each Supervisor and CAO)
976212 ZZ) News Release re Bureau of Reclamation Draft Water Reallocation Agreement and Environmental Assessment (Copy to each Supervisor and CAO)
108) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED
978778 A) Applications for Alcohol Beverage Licenses from Big John's 3121 Mt. Pinos Way, Frazier Park, CA 93225; Cirilo El Gallo Giro 1010- S. Union Ave, Bakersfield CA 93307; Tella's, 152 W. Kern Street, McFarland CA 93250; Main Street Market and Liquor, 11209 Main St, Lamont CA 93241; Delgadillo Mercedes, 4001 Niles St, Bakersfield CA 93306; Los Huaraches, 2105 Edison Hwy Ste P5, Bakersfield CA 93305 - REFERRED TO PLANNING (Copy to each Supervisor, CAO and County Counsel)
979648 B) Letter from James M. Culliton re Aircraft Operations -REFERRED TO COUNTY COUNSEL (Copy to each Supervisor and CAO)
9712039 C) Letter from California State Association of Counties re CSAC/CWDA Welfare Reform Proposal - REFERRED TO COUNTY ADMINISTRATIVE OFFICE (Copy to each Supervisor and Human Services)
9712039 D) Letter from California State Association of Counties re Civil Grand Jury Training, Communication and Efficiency Act of 1997 - REFERRED TO COUNTY ADMINISTRATIVE OFFICE (Copy to each Supervisor)
9711124 E) Letter from Larry Kaminski re Freedom of Information Act Request - REFERRED TO ASSESSOR-RECORDER (Copy to each Supervisor)
9711920 F) Letter from Hornberger & Criswell Attorney at Law re Rancho de Nada, Cantil, California - REFERRED TO PLANNING (Copy to each Supervisor, CAO and County Counsel)
9710513 G) Letter from Raymond Cruz at Roosevelt Elementary re the Selling of Tobacco products in convenience stores -REFERRED TO HEALTH DEPARTMENT (Copy to each Supervisor and CAO)
9711241 H) Letter from Green League re Consultation Process on Proposed negative Declaration for EA SF 9-96; Conditional Use Permit No. 13, Map No. 199 (Southern California/Southern Nevada Woodmen Camp, Incorporated PP97218) - REFERRED TO PLANNING (Copy to each Supervisor, CAO and County Counsel)
9712039

(11012)

I) Letter from California State Association of Counties re The Need to Avoid Delay on a Comprehensive Trial Court Funding Redesign Legislation - REFERRED TO CAO (Copy to each Supervisor, Superior Court and Municipal Court)
9711900

(11190)

J) Letter from Board of Supervisors County of San Bernardino re the Search and Rescue billing issue between our two Counties - REFERRED TO COUNTY COUNSEL (Copy to each Supervisor, CAO and Sheriff)
9710513 K) Letter from State of California, Department of Health Services re Maternal and Child Health (MCH) Allocation #96-25582 Budget Revision, Black Infant Health (BIH) - REFERRED TO HEALTH DEPARTMENT (Copy to each Supervisor and CAO)
979921 L) Letter from the American Indian Council of Central California (A.I.C.C.C.) requesting letter of support to the Federal Government of Indian Health Service to renew A.I.C.C.C.'s contract for 1997 - REFERRED TO CAO (Copy to each Supervisor)
9711900 M) Summons and Complaint in the Matter of Brenda Abernathy vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 N) Assignment of Judgement Case No. 125020 in the Matter of Calmat of Central California vs. Jay Kwon, etc.; Chang Won Chon -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 0) Claim in the Matter of Patricia and Billy Clark vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 P) Amended Claim in the Matter of Patricia and Billy Clark vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 Q) Claim in the Matter of Dennis Clevenger vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 R) Claim in the Matter of Joseph B Cunningham vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to each Risk Management)
9711900 S) Claim in the Matter of Richard Fleming vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 T) Claim in the Matter of Deborah French vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 U) Petitioner's Reply Brief in the Matter of David Frisby vs. Bakersfield Municipal Court - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 V) Claim in the Matter of Cruz Garza, a minor, by and through his Guardian Ad Litem, Olivia Garza and Olivia Garza vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 W) Claim in the Matter of Angela Jimenez and Ruben Arajeda vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 X) Claim in the Matter of Esther Mae Johnston vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 Y) Claim in the Matter of Kern Delta Water District vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 Z) Summons and Complaint in the Matter of Scott and Brenda Kniffen vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 AA) Claim in the Matter of Anthony Vincent Leonis vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to each Risk Management)
9711900 BB) Summons and Complaint in the Matter of Melissa Manning, individually, and as Guardian ad Litem of Hannah Manning, a minor - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 CC) Claim in the Matter of Maritza Martinez and Nelson Martinez vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 DD) Claim in the Matter of Alvin McCuan vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 EE) Claim in the Matter of James Patterson vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 FF) Claim in the Matter of Dorleen Penland vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 GG) Claim in the Matter of Ralph Ruiz vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 HH) Duplicate Claim in the Matter of Gerry M Sebring and Cynthia Real vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 II) Claim in the Matter of Alan M.Shaw vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 JJ) Claim in the Matter of Maegan Soto and Ellen Eggart vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 KK) Summons and Complaint in the Matter of Scott Thatcher vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 LL) Claim in the Matter of Wesley J. Wade vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)