SUMMARY OF PROCEEDINGS

BOARD OF SUPERVISORS - COUNTY OF KERN

1115 Truxtun Avenue

Bakersfield, California

Regular Meeting

Tuesday, April 15, 1997

10:00 A.M.
BOARD RECONVENED

Supervisors: McQuiston, Perez, Patrick, Peterson, Parra

ROLL CALL: All Present

SALUTE TO FLAG - Led by Supervisor Peterson

NOTE: CHAIRMAN PEREZ REQUESTED THE MOMENT OF SILENCE, PRAYER, OR MEDITATION BE DEDICATED TO THE DEPUTY SHERIFF WHO WAS SHOT LAST NIGHT

*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 OR UNDERLINED

RESOLUTIONS/PROCLAMATIONS
Pe-Pa

All Ayes

9711940

* 1) Proclaim Friday, April 18, 1997, as Aztec Awards Day in Kern County - PROCLAIMED; REFERRED TO CLERK OF THE BOARD FOR PREPARATION
Pe-Mc

All Ayes

9711940

2) Proclaim the Week of April 21, 1997, as Community Energy Night's Awareness Week in Kern County - PROCLAIMED; MADE PRESENTATION TO MARLENE MEYERS, CHAIRMAN OF COMMUNITY ENERGY NIGHT; MARLENE MEYERS HEARD

Pa-Pr

All Ayes

9711940

3) Proclaim April 1997 as Child Abuse Prevention Month in Kern County - PROCLAIMED; MADE PRESENTATION TO KATHY IRVINE, DEPARTMENT OF HUMAN SERVICES AND KAREN COOLEY, CHILD ABUSE PREVENTION COUNSELING CENTER & HAVEN COUNSELING; KATHY IRVINE AND KAREN COOLEY HEARD

Pr-Pe

All Ayes

9711940

4) Proclaim the Week of April 20-27, 1997, as National Infant Immunization Week in Kern County and the Month of May as Toddler Immunization Month in Kern County - PROCLAIMED; MADE PRESENTATIONS TO DR. JINADU, COUNTY HEALTH OFFICER; DR. JINADU, MARQUITHA SWINTON, AND IMELDA TEJA, KERN COUNTY IMMUNIZATION COALITION, HEARD

9711940

5) Presentation of Certificate of Recognition to Alice Mack for her over 30 years of service to the Kern County Commission on Aging - MADE PRESENTATION TO ALICE MACK; FORMER SUPERVISOR, MARY K. SHELL, AND ALICE MACK HEARD
Pa-Mc

All Ayes

9711940

6) Resolution honoring, thanking and commending Linda Ware upon her retirement after over 30 years of service to the County of Kern - ADOPTED RESOLUTION; MADE PRESENTATION TO

LINDA WARE; LINDA WARE HEARD; DIANE DUQUETTE, DIRECTOR OF LIBRARIES, INTRODUCED LINDA WARE'S SUPERVISORS

Pa-Pe

All Ayes

9711940

7) Proclaim April 13-19, 1997, as Crime Victims' Rights Week in Kern County - PROCLAIMED; MADE PRESENTATION TO VICKI PENDLETON; VICKI PENDELTON AND BETTY KYKER, PROBATION DEPARTMENT, HEARD; VICTIM WITNESS STAFF MEMBERS ACKNOWLEDGED
PUBLIC REQUESTS
WITH-

DRAWN

9711879

8) Kern County Network for Children's Welfare Reform Subcommittee Report -

9711940

9) Request from Community Clean Sweep to present report on 1997 Pacific Bell Telephone Recycling Program and Presentation of Certificates of Recognition to program participants - JEFF FRAPWELL, BOARD OF DIRECTORS, COMMUNITY CLEAN SWEEP, AND MARY BETH GARRISON, KBAK, HEARD; MADE PRESENTATIONS T0 WAYSIDE SCHOOL, MCKEE INTERMEDIATE SCHOOL, AND THORNER SCHOOL
APPOINTMENTS/RESIGNATIONS
Pe-Pa

All Ayes

9710000

*10) Appointment of Larry R. Peake (replacing Floyd E. Prewitt) to the Assessment Appeals Board, term to expire 9/2/98 - MADE APPOINTMENT
Pe-Pa

All Ayes

9710000

*11) Appointment of Pauline Vetrovec (replacing Virgie Beard) to the West Side Cemetery District, term to expire 01/01/2001 - MADE APPOINTMENT
Pe-Pa

All Ayes

9710000

*12) Appointment of Florn Core (replacing Jerry Capello) as Fifth Supervisorial District Member to the Kern County Water Resources, term to expire 12/31/97 - MADE APPOINTMENT
DEPARTMENTAL REQUESTS
DISTRICT ATTORNEY
Pe-Pa

All Ayes

9711105

*13) Deletion of two positions: one District Attorney Investigator position, and one Investigate Aide position, effective 4/21/97; and addition of two Legal Assistant positions, effective 4/21/97; projected fiscal impact for fiscal 1997/98 is a net savings of $18,102.22 - APPROVED; REFERRED TO PERSONNEL DEPARTMENT TO AMEND THE DEPARTMENTAL POSITIONS AND SALARY ORDINANCE

EMERGENCY MEDICAL SERVICES
Pe-Pr

All Ayes

9710512

14) Sierra LifeFlight Air Ambulance Permit Application for advanced life support interfacility transfers - JOHN PENROSE, GOLDEN EMPIRE AIR RESCUE, HEARD; DENIED APPLICATION
EMPLOYERS' TRAINING RESOURCE
WITH-

DRAWN

9711105

*15) Request for addition of two temporary Receptionist positions effective 4/26/97 -
Pe-Pa

All Ayes

9711756

*16) Submission of Job Training Plan modifications for Program Year 1997/98 - APPROVED TWO-YEAR JOB TRAINING PLAN MODIFICATION FOR PROGRAM YEAR 1997/98; APPROVED TITLE IV MODIFICATION FOR PROGRAM YEAR 1997/98; AUTHORIZED DIRECTOR OF EMPLOYERS' TRAINING RESOURCE TO SIGN AND/OR MODIFY ANY DOCUMENTS NECESSARY TO SUBMIT THE MODIFICATIONS

FIRE
Pe-Pa

All Ayes

9711105

*17) Addition of one Fire Prevention Specialist I position and deletion of one Fire Prevention Specialist III position, effective April 15, 1997 - APPROVED; REFERRED TO PERSONNEL DEPARTMENT TO AMEND THE DEPARTMENTAL POSITIONS AND SALARY SCHEDULE

HUMAN SERVICES
Pe-Pa

All Ayes

976024

*18) Donation by A. Miriam Jamison Children's Center Foundation of installation Services by Miracle Recreation Equipment to install two outdoor recreational play systems for the Jamison Center Playground and Park, valued at $9,950 - APPROVED

Pa-Pr

All Ayes

977983

(11190)

19) Receipt of Special Collections Incentive Funds resulting from SB 627 in the amount of $143,239 from the State Department of Social Services - JOHN MOIST, ON BEHALF OF ELOISE ANDERSON, DIRECTOR, STATE OF CALIFORNIA DEPARTMENT OF HUMAN SERVICES, MADE PRESENTATION TO DON DUDLEY, DIRECTOR OF HUMAN SERVICES; RECEIVED AND FILED; ACCEPTED PRESENTATION FROM STATE DEPARTMENT OF SOCIAL SERVICES

KERN MEDICAL CENTER
Pe-Pa

All Ayes

9710510

*20) Appointment of Medical Staff membership of Tabassum Chowdhury, M.D.; Tomas Rios, M.D.; Thomas Chappel, M.D.; Albert Chuang, M.D.; Allen Erenberg, M.D.; Linda Tseng-Ong, M.D. - APPROVED

Pe-Pa

All Ayes

979921

*21) Adult Day Health Care Center Renewal Application, in an amount not to exceed $3,340 - APPROVED APPLICATION OR LICENSURE; AUTHORIZED CHAIRMAN TO SIGN

Pa-Mc

All Ayes

9711105

22) Personnel changes at Kern Medical Center: Delete three Clinical Instructors III/II/I, effective May 3, 1997; one Radiologic Technologist III/II/I effective May 3, 1997; one Hospital Transporter, effective May 3, 1997; and three Supervising Respiratory Therapists effective upon the appointment of the Cardiopulmonary Services Clinical Coordinator, but no later than May 31, 1997; add one Hospital Employment Specialist II/I effective April 15, 1997; one Supervising Radiologic Technologist effective April 15, 1997; one Cardiopulmonary Services Clinical Coordinator effective May 13, 1997 - APPROVED; REFERRED TO PERSONNEL DEPARTMENT TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE AND TO CREATE THE CARDIOPULMONARY SERVICES CLINICAL COORDINATOR JOB CLASSIFICATION

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 IN THAT STATE DEPARTMENT OF HEALTH SERVICES NOTIFIED KMC ADMINISTRATION ABOUT PARTICIPATION DEADLINE AFTER THE AGENDA WAS POSTED
Pa-Mc

All Ayes

979921

22A) Approval of Participation in the SB 1255 Program and Transfer of Funds to the State Department of Health Services Emergency Services and Supplemental Payments - AUTHORIZED KERN MEDICAL CENTER'S PARTICIPATION IN THE SB 1255 PROGRAM; APPROVED PAYMENT TO THE STATE DEPARTMENT OF HEALTH SERVICES EMERGENCY SERVICES AND SUPPLEMENTAL PAYMENTS FUND IN AN AMOUNT NOT TO EXCEED $20 MILLION FROM BUDGET UNIT 8997, KERN MEDICAL CENTER ENTERPRISE FUND

LIBRARY

Pe-Pa

All Ayes

979019

*23) Kern County Library Book and Trust Fund Report - RECEIVED AND FILED
MENTAL HEALTH SERVICES
Pe-Pa

All Ayes

9711105

*24) Request approval of proposed addition/deletion of positions in Budget Units #4120 & #4123: Addition of one Mental Health Unit Supervisor I, one Medical Secretary, one Word Processing Technician I/II, one Mental Health Counselor I/II, one Mental Health Rehabilitation Specialist III, one Mental Health Rehabilitation Specialist I/II, and three Mental Health Case Management Aide in Budget Unit #4120 effective April 15, 1997; Deletion of one Family Practice Psychologist, one Psychiatric Services Program Manager, one Word Processing Technician III, one Medical Typist, one Mental Health Case Management Specialist III-PT, two Mental Health Case Management Specialist I/II, and three Mental Health Intern-PT in Budget Unit #4120 effective April 15, 1997; Addition of one Mental Health Unit Supervisor I in Budget Unit #4123 effective April 15, 1997; Deletion of one Supervising Mental Health Clinician in Budget Unit #4123 effective June 30, 1997 - APPROVED; REFERRED TO PERSONNEL TO AMEND THE DEPARTMENTAL POSITIONS AND SALARY SCHEDULE

Pe-Pa

All Ayes

979230

*25) Agreement amendment with Clinica Sierra Vista, Inc. for FY 1996-97 for prevention and amelioration of substance abuse and mental health disabilities (deletes psychotropic medication requirement previously consolidated under new agreement); reduces reimbursement portion by $3,208.33, with total agreement amount not to exceed $51,791.67 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 161-97

MUSEUM
Pe-Pa

All Ayes

979528

*26) Donation of Advertising in Bakersfield Country Souvenir Booklet Series in Exchange for Commercial Use Fees on Photographic Reproductions - APPROVED

OFFICE ON AGING
Pe-Pa

All Ayes

9710096

(11105)

*27) Addition of one half-time Senior Nutrition Program Coordinator for Southeast Desert Area and Deletion of one half-time Aging Services Program Coordinator for the Southeast Desert Area - APPROVED; REFERRED TO PERSONNEL DEPARTMENT TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE

Pe-Pa

All Ayes

9710096

*28) Senior Nutrition Program Home-Delivery Vehicle for the Wasco Area - APPROVED; DIRECTED OFFICE ON AGING TO PREPARE A FOLLOW-UP REPORT NO LATER THAN TUESDAY, MAY 20, 1997, AT 10 A.M.

SHERIFF
Pe-Pa

All Ayes

978329

*29) Application to hold a parade, Boron Chamber of Commerce on April 19, 1997 - FOUND THAT SHERIFF HAS NOTED HIS APPROVAL ON PERMIT AND THAT PARADE WOULD NOT RESULT IN UNDUE OR UNMANAGEABLE OBSTRUCTION OR HINDRANCE OF TRAFFIC ON HIGHWAY WHERE IT IS TO BE HELD; WOULD NOT LEAD TO BREACH OF PEACE, PROPERTY DAMAGE, OR OTHER DISORDERLY OR UNLAWFUL CONDUCT; WOULD NOT CONFLICT WITH OTHER PARADES PREVIOUSLY GRANTED PERMITS AND THAT SHERIFF HAS FACILITIES TO PROPERLY SUPERVISE PARADE; APPROVED PERMIT; AUTHORIZED CHAIRMAN TO SIGN
WITH-

DRAWN

979528

*30) Donation of gym equipment valued at approximately $5,000 to the Sheriff's Department gym; no impact on the general fund -
Pe-Pa

All Ayes

9711105

*31) Request to add 12 Sheriff's Detention Officers and delete 12 Deputy Sheriff positions from Budget Unit 2210 - APPROVED ADDITION OF 12 SHERIFF'S DETENTION OFFICER POSITIONS AND DELETION OF 12 DEPUTY SHERIFF POSITIONS EFFECTIVE 4/15/97; REFERRED TO PERSONNEL DEPARTMENT TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE
Pe-Pa

All Ayes

976157

(8887)

*32) Proposed Ordinance Authorizing use of Electronic Bingo Machines at Bingo Games - WAIVED READING; INTRODUCED ORDINANCE
Pe-Pa

All Ayes

9711558

*33) Proposed Jail Booking Fees for Fiscal Year 1997/98 - SET PUBLIC HEARING FOR TUESDAY, APRIL 29, 1997, AT 10 A.M.; DIRECTED THE CLERK OF THE BOARD TO PUBLISH
SUPERIOR COURT
Pe-Pa

All Ayes

979461

*34) Resolution for Indemnification of the California Judicial Council, Administrative Office of the Courts, the Administrative Officer and its Contractor, Tech Prose, Against Acts or Omissions by the County as a Result of Publication of the Trial Court Case Management System Evaluation Final Report - ADOPTED RESOLUTION 97-102
CLOSED SESSION
County Administrative Office
Pr-Pa

All Ayes

9710064

35) Request for Closed Session regarding Public Employee Performance Review - Title: Clerk of the Board -
Pr-Pa

All Ayes

9710064

(11130)

36) Request for Closed Session regarding Meet and Confer with Kern Law Enforcement Association, Kern Prosecutor's Association, and Kern Faculty Association -

County Counsel
Pa-Pr

All Ayes

MOTION TO CONSIDER NON-AGENDA ITEM: MAKE FINDING THAT NEED TO TAKE ACTION ON NON-AGENDA MATTER OCCURRED AFTER THE AGENDA WAS POSTED IN THAT ON APRIL 11, 1997 THE COUNTY COUNSEL'S OFFICE BECAME AWARE OF THE FACTS AND CIRCUMSTANCES THAT MIGHT RESULT IN LITIGATION AGAINST THE COUNTY, AND THE BOARD NEEDS TO BE INFORMED REGARDING THIS POTENTIAL LITIGATION AND TO ADVISE COUNTY COUNSEL REGARDING ANY NECESSARY RESPONSE PRIOR TO THE NEXT BOARD MEETING
Pa-Pr

All Ayes

9710064

(9624)

36A) Request for Closed Session re Pending Litigation (Government Code Section 54956.9(b)(1),(3)(A)) -
Pr-Pa

All Ayes

9710064

(9624)

37) Request for Closed Session to determine whether the County will initiate or intervene in litigation (one case) (Government Code Section 54956.9(c)) -
Pa-Pr

All Ayes

9710064

(9624)

37A) Results of Closed Session to determine whether the County will initiate or intervene in litigation (one case) (Government Code Section 54956.9(c)) - CONTINUED TO TUESDAY, 4/15/97 2:00 P.M. ITEM #46
Pr-Pa

All Ayes

9710064

(9624)

38) Request for Closed Session regarding lawsuit or proceeding formally initiated entitled Christian Lautsch vs. County of Kern, et al., KCSC Case No. 229874-RTA (Government Code Section 54956.9(a)) -
Pa-Pr

All Ayes

9710064

(9624)

38A) Results of Closed Session regarding lawsuit or proceeding formally initiated entitled Christian Lautsch vs. County of Kern, et al., KCSC Case No. 229874-RTA (Government Code Section 54956.9(a)) - CONTINUED TO TUESDAY, 4/15/97 2:00 P.M. ITEM #47
Pr-Pa

All Ayes

9610064

(9624)

39) Request for Closed Session regarding a lawsuit or proceeding entitled John Fannin, et al. v. County of Kern, et al., KCSC Case No. 229469-AEW (consolidated with no. 230385) (Government Code Section 54956.9(a)) -
Pa-Pr

All Ayes

9610064

(9624)

39A) Results of Closed Session regarding a lawsuit or proceeding entitled John Fannin, et al. v. County of Kern, et al., KCSC Case No. 229469-AEW (consolidated with no. 230385) (Government Code Section 54956.9(a)) - CONTINUED TO TUESDAY, 4/15/97 2:00 P.M. ITEM #48
Pr-Pa RECONVENED FROM CLOSED SESSION; RECESSED TO 2:00 P.M.

__________________________________

Clerk of the Board

__________________________________

Chairman, Board of Supervisors

SUMMARY OF PROCEEDINGS

BOARD OF SUPERVISORS - COUNTY OF KERN

Regular Meeting

Tuesday, April 15, 1997

2:00 P.M

BOARD RECONVENED

Supervisors: McQuiston, Perez, Patrick, Peterson, Parra

ROLL CALL: 4 Present; 1 Absent: Supervisor Patrick

*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 OR UNDERLINED

COUNTY ADMINISTRATIVE OFFICE
Pe-Pr

4 Ayes

1 Ab/Pa

9712190

(8255)

* 1) Proposed agreement for Substitution of Disclosure Counsel for the Fire Station/Equipment Certificate of Partici-pation with Fullbright and Jaworski, LLP, in an amount not to exceed $26,500 and cancellation of Disclosure Counsel agreement with Orrick, Herrington & Sutcliffe - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 162-97 AND LETTER OF TERMINATION
Pe-Pr

4 Ayes

1 Ab/Pa

978692

* 2) Proposed Agreement for Coordination of Sign Interpreting Services with Lifesigns, in an amount not to exceed $10,000 per year - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 163-97
Pe-Pr

4 Ayes

1 Ab/Pa

979791

* 3) County Administrative Officer Recruitment Candidate Assessment Reports - AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO PAY PROFESSIONAL INSIGHTS COMPANY FOR PERFORMANCE OF CANDIDATE ASSESSMENTS IN AMOUNT NOT TO EXCEED $1,000
Pe-Pr

4 Ayes

1 Ab/Pa

9711130

* 4) Proposed Resolution Adopting Government Code Sections 32470.7, 31748, 31749, 31480, 31641.1, 31641.2, 31641.3, 31641.4, and 31641.8 Permitting County Employees to Purchase Service Credit in the Kern County Employees' Retirement Association for Time Spent in Prior Public Service - APPROVED; ADOPTED RESOLUTION 97-102
Pr-Pe

4 Ayes

1 Ab/Pa

9711130

5) Proposed Memorandum of Understanding With the Kern County Public Employees' Association, SEIU Local 700 - ROY WEYGAND, PRESIDENT OF KERNTAX, HEARD; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 164-97
Pr-Mc

4 Ayes

1 Ab/Pa

9711130

6) Proposed Memorandum of Understanding With Kern County Fire Fighters Union, IAFF, Local 1301 - ROY WEYGAND, PRESIDENT OF KERNTAX, HEARD; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 165-97

Pe-Pr

4 Ayes

1 Ab/Pa

977621

* 7) Cancellation of agreement with Total Employee Relations Services, Inc., effective May 1, 1997, and approval of new agreement with Johnsey Insurance Agency for COBRA administration - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 166-97
Pe-Pr

4 Ayes

1 Ab/Pa

9712190

(8255)

8) Proposed resolution providing for execution and delivery of financing documents and authorizing issuance of County of Kern, 1997 Certificates of Participation (Fire Department Project) in an aggregate principal amount not to exceed $13,000,000; and Report re financing and payment options for smaller command vehicles (from 4/8/97) - RECEIVED AND FILED REPORT; APPROVED; ADOPTED RESOLUTION 97-103; AUTHORIZED CHAIRMAN TO SIGN
Legislative Matters:
Pe-Pr

4 Ayes

1 Ab/Pa

9711190

9) Repeal of Property Tax Shift - ADOPTED POSITION OF SUPPORT; ADOPTED RESOLUTION 97-104 INCLUDING AMENDMENT TO INCLUDE DISTRIBUTION TO ALL COUNTY BOARDS OF SUPERVISORS; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE
Pe-Pr

4 Ayes

1 Ab/Pa

9711190

*10) AB 768: Disproportionate Share Hospitals (Martin Gallegos, D-Baldwin Park) - ADOPTED POSITION OF SUPPORT; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE
Pe-Pr

4 Ayes

1 Ab/Pa

9711190

*11) AB 1338: Disproportionate Share Hospitals (Kevin Shelley, D-San Francisco) - ADOPTED POSITION OF SUPPORT; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE
General Services

S.D. #1

Pe-Mc

4 Ayes

1 Ab/Pa

9712163

12) (8920.27921) Change Order No. 3, providing for an increase of $923.00, for the new Randsburg Fire Station - CONTINUED TO TUESDAY, APRIL 22, 1997 AT 2:00 P.M.
S.D. #3
Pe-Pr

4 Ayes

1 Ab/Pa

9712314

*13) (8993.8201) Accept low bid for the Special Waste Facility at 4227 Foster Avenue - ACCEPTED LOW BID FROM THOMASON & CLARK BUILDERS, INC., IN THE AMOUNT OF $138,042.00; AUTHORIZED GENERAL SERVICES TO RELEASE ALL OTHER BID GUARANTEES AND AUTHORIZED PREPARATION OF CONTRACT DOCUMENTS
Pe-Pr

4 Ayes

1 Ab/Pa

978222

*14) Amendment to Lease Agreement with Paramount Farms to provide for additional parking area at Meadows Field -- FOUND 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 167-97
S.D. #5

Pe-Pr

4 Ayes

1 Ab/Pa

9712322

*15) (8997.7001CS) Status report on Kern Medical Center Emergency Generator Diesel Tank and Pump Primer Replacement - RECEIVED AND FILED
COUNTY COUNSEL
Pe-Pr

4 Ayes

1 Ab/Pa

9711190

(6960)

(10510)

*16) Report on County authority to impose a hospital provider fee and County responsibility to accept transfers of the medically indigent - RECEIVED AND FILED
Pe-Pr

4 Ayes

1 Ab/Pa

979542

*17) Request from the Planning Department to destroy records no longer needed and eligible for destruction - APPROVED
Pe-Pr

4 Ayes

1 Ab/Pa

9711170

*18) Proposed Ordinance Code rescinding Subsection 10.16.041.51, Chapter 10.16, Title 10 of the Kern County Ordinance Code concerning no stopping on West China Grade Loop - WAIVED READING; INTRODUCED ORDINANCE

RESOURCE MANAGEMENT AGENCY

Engineering and Survey Services

HEARING

S.D. #4

Pe-Mc

4 Ayes

1 Ab/Pa

9710515

19) Hearing on Assessments Within County Service Area No. 90 (Stebbins Tract) for Fiscal Year 1997-98 - OPENED HEARING; JIM HOLMES AND ANN MARTIN HEARD; CLOSED HEARING; DIRECTED STAFF TO TABULATE THE VOTES IN FAVOR OF AND OPPOSED TO THE PROPOSAL TO ASSESS PARCELS WITHIN COUNTY SERVICE AREA NO. 90 AND TO REPORT THE RESULTS OF THAT TABULATION; IF THE BALLOTS IN FAVOR OF THE PROPOSAL ARE IN A MAJORITY: APPROVED THE ASSESSMENTS OF $340 PER ACRE FOR COUNTY SERVICE AREA NO. 90; ADOPTED RESOLUTION 97-105 CONFIRMING THE ENGINEERING & SURVEY SERVICES DEPARTMENT DIRECTOR'S REPORT; ENACTED ORDINANCE G-6384; DIRECTED CLERK OF THE BOARD TO FILE NOTICE OF EXEMPTION
S.D.'s #3, #4 & #5
Pe-Pr

4 Ayes

1 Ab/Pa

9710515

*20) Proposed standard form Hold Harmless Agreements with Greenfield School District, Norris School District, and Taft City School District for facilities to conduct Proposition 218 public informational meetings in May, June and July, 1997 - APPROVED; AUTHORIZED DIRECTOR OF ENGINEERING AND SURVEY SERVICES TO SIGN
RESOURCE MANAGEMENT AGENCY

Roads Department

S.D. #1

Pe-Pr

4 Ayes

1 Ab/Pa

9712266

*21) Contract No. 97002, Contract Change Order No. 1 for Construction on Lake Isabella Boulevard from Elizabeth Norris Road to Kernville Road, STPL-5950(084) at no cost to the County - APPROVED; AUTHORIZED CHAIRMAN TO SIGN

S.D. #2

Pe-Pr

4 Ayes

1 Ab/Pa

9712275

*22) Contract No. 97012, Contract Change Order No. 1 for Construction on Westwood Boulevard, STPL-5950(080) at no cost to the County - APPROVED; AUTHORIZED CHAIRMAN TO SIGN
Pe-Pr

4 Ayes

1 Ab/Pa

978575

*23) County Road 3813, Proposed Resolution to accept portion of an existing Offer of Dedication into County Road System as a portion of Oak Creek Road - ADOPTED RESOLUTION 97-106; ORDERED IT RECORDED

S.D. #3

Pe-Pr

4 Ayes

1 Ab/Pa

978575

*24) County Road 3808, Grant Deed and Escrow Instructions from Milton M. Younger and Betty Lee Younger providing for total purchase of their vacant property for the improvement of Ferguson Avenue at North Chester Avenue - AUTHORIZED CHAIRMAN TO SIGN ESCROW INSTRUCTIONS; ACCEPTED DEED; AUTHORIZED AUDITOR-CONTROLLER TO MAKE PAYMENT OF $43,500.00 PLUS ESCROW CHARGES
Pe-Pr

4 Ayes

1 Ab/Pa

9712300

*25) Contract No. 96032, Contract Change Order No. 1 for Meadows Field Runway 12L-30R, Asphalt Concrete Overlay, Reconstruction, Shoulder Stabilization and Centerline Lighting System at no cost to the County - APPROVED; AUTHORIZED CHAIRMAN TO SIGN

S.D. #4

Pe-Pr

4 Ayes

1 Ab/Pa

9712269

*26) Contract No. 96042, Contract Change Order No. 1 for Construction on Ash Street between North Lincoln Street and State Highway 119 at no cost to the County - APPROVED; AUTHORIZED CHAIRMAN TO SIGN

S.D. #1 & #3

Pe-Pr

4 Ayes

1 Ab/Pa

9712252

*27) Contract No. 96043, Contract Change Order No. 1 for Construction on Seventh Standard Road, Norris Road and Airport Drive, STPL-5950(085) at no cost to the County - APPROVED; AUTHORIZED CHAIRMAN TO SIGN
S.D. #2 & #5
Pe-Pr

4 Ayes

1 Ab/Pa

9712253

*28) Contract No. 97003, Contract Change Order No. 1 for Construction on Fairview Road, Panama Road and Buena Vista Boulevard, STPL-5950(079) at no cost to the County - APPROVED; AUTHORIZED CHAIRMAN TO SIGN
S.D. #3 & #5
Pe-Pr

4 Ayes

1 Ab/Pa

9712278

*29) Contract No. 97011, Contract Change Order No. 1 for Construction on Brundage Lane between S.H. 184 and 0.5 miles East of S.H. 184 at no cost to the County - APPROVED; AUTHORIZED CHAIRMAN TO SIGN
S.D. #3 & #4
Pe-Pr

4 Ayes

1 Ab/Pa

9712290

*30) Contract No. 97017, Contract Change Order No. 1 for Construction on Traffic Signal and Highway Lighting System on Stockdale Highway at Fairway Drive, STPLG-5950(028) at no cost to the County - APPROVED; AUTHORIZED CHAIRMAN TO SIGN

WASTE MANAGEMENT DEPARTMENT

All S.D.'s

Pe-Pr

4 Ayes

1 Ab/Pa

9712040

31) Changes in Solid Waste Land Use Fee System Due to Proposition 218, No General Fund Impact; $500,000 Decrease in Revenue and Unknown Administrative Costs - RANDY ROWLES, VICE-MAYOR, CITY OF BAKERSFIELD; JOHN STINSON, ASSISTANT CITY MANAGER, CITY OF BAKERSFIELD; GARY JOHNSON, CITY ADMINISTRATOR, CITY OF MCFARLAND, AND JERRY PALMER, EXECUTIVE VICE PRESIDENT OF THE SOLID WASTE MANAGEMENT ASSOCIATION, HEARD; 1) DIRECTED THE WASTE MANAGEMENT DEPARTMENT AND COUNTY COUNSEL TO DRAFT NECESSARY AMENDMENTS TO THE LAND USE FEE ORDINANCE TO REMOVE THE SOLID WASTE LAND USE FEE FROM PARCELS WITH MULTIPLE UNIT HOUSING; 2) DIRECTED THE WASTE MANAGEMENT DEPARTMENT AND COUNTY COUNSEL TO DRAFT NECESSARY AMENDMENTS TO THE GATE FEE ORDINANCE TO EXTEND THE EXISTING BIN DISPOSAL FEE TO REFUSE CONTAINERS COLLECTED FROM PARCELS WITH MULTIPLE UNIT HOUSING; 3) DIRECTED THE WASTE MANAGEMENT DEPARTMENT TO DEVELOP AND IMPLEMENT A PROGRAM TO INFORM AFFECTED PROPERTY OWNERS, CITIES AND REFUSE HAULERS; AND 4) DIRECTED THE WASTE MANAGEMENT DEPARTMENT AND THE COUNTY ADMINISTRATIVE OFFICE TO DEVELOP AND IMPLEMENT A STRATEGY TO ENSURE FAVORABLE LEGISLATION IS ENACTED REGARDING IMPLEMENTATION OF PROPOSITION 218; DIRECTED WASTE MANAGEMENT DEPARTMENT TO MEET WITH CITY COUNCIL MEMBERS OF ALL INCORPORATED CITIES BY APRIL 29, 1997 AND IMMEDIATELY AND CONCURRENTLY DRAFT AND PREPARE NECESSARY CHANGES TO THE GATE FEE ORDINANCE TO ALLOW FOR 100% GATE FEES BY JULY 1, 1997 TO BE INTRODUCED ON APRIL 29, 1997 IF 100% OF THE CITIES DO NOT ELECT TO COMPLY WITH THE WILL OF THE ELECTORATE
S.D. #1
Pe-Pr

4 Ayes

1 Ab/Pa

9712326

*32) Contract No. 97036; Plans, Special Provisions, and Notice to Contractors for Drainage and Grading Improvements at Ridgecrest Sanitary Landfill - APPROVED PLANS AND SPECIAL PROVISIONS; AUTHORIZED CHAIRMAN TO SIGN PLANS; AUTHORIZED WASTE MANAGEMENT DEPARTMENT TO PUBLISH NOTICE TO CONTRACTORS IN A NEWSPAPER OF GENERAL CIRCULATION PURSUANT TO SECTION 20783 OF THE PUBLIC CONTRACTS CODE; BID OPENING TO BE WEDNESDAY, MAY 14, 1997, 11:00 A.M.
Pe-Pr

4 Ayes

1 Ab/Pa

975686

*33) Proposed Operations Agreement with Sierra Waste Transfer for Kern Valley Transfer Station in the amount of $585,000 per year - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 168-97
S.D. #2
Pe-Pr

4 Ayes

1 Ab/Pa

9710843

*34) Authorization to pay School Fees for Mr. Wendt's Mobile Home which was relocated from Sands Mobile Home Estates, in the amount of $1,524.60 from the Solid Waste Enterprise Fund - APPROVED; AUTHORIZED AUDITOR/CONTROLLER TO PAY
S.D. #4
Pe-Pr

4 Ayes

1 Ab/Pa

9712325

*35) Contract No. 97035; Plans, Special Provisions and Notice to Contractors for Drainage and Grading Improvements at Lost Hills Sanitary Landfill - APPROVED PLANS AND SPECIAL PROVISIONS; AUTHORIZED CHAIRMAN TO SIGN PLANS; AND AUTHORIZED THE WASTE MANAGEMENT DEPARTMENT TO PUBLISH NOTICE TO CONTRACTORS IN A NEWSPAPER OF GENERAL CIRCULATION PURSUANT TO SECTION 20783 OF THE PUBLIC CONTRACTS CODE; BID OPENING TO BE WEDNESDAY, MAY 7, 1997, 11:00 A.M.
S.D. #5
Pe-Pr

4 Ayes

1 Ab/Pa

9712327

*36) Contract No. 97039; Plans, Special Provisions and Notice to Contractors for Drilling a Reverse Rotary Water Supply Well at Bakersfield Metropolitan Sanitary Landfill (Bena) - APPROVED PLANS AND SPECIAL PROVISIONS; AUTHORIZED CHAIRMAN TO SIGN PLANS; AUTHORIZED AUDITOR/CONTROLLER TO TRANSFER $250,000 FROM BUDGET UNIT 8999, KEY 7111 TO BUDGET UNIT 8993; 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, MAY 14, 1997, 11:00 A.M.
CONSIDERATION OF ORDINANCE INTRODUCED ON TUESDAY, APRIL 8, 1997:

Pe-Pr

4 Ayes

1 Ab/Pa

9711170

*37) Ordinance adding Sections 10.04.780, 10.04,079, 10.04.800, 10.04.810, 10.04.693, 10.04.517 and 10.04.269 to Chapter 10.04, Title 10 of the Ordinance Code of the County of Kern concerning speed limits on various County roads - ENACTED ORDINANCE G-6385
Pe-Pr

4 Ayes

1 Ab/Pa

9711756

*38) Ordinance adding Chapter 2.85 to the Ordinance Code of the County of Kern concerning the status of the Employers' Training Resources Department and the status of the Director - ENACTED ORDINANCE G-6385
MATTERS FOR EXECUTIVE APPROVAL
Pr-Mc

4 Ayes

1 Ab/Pa

9711106

39) Budget Transfers - APPROVED #208 THROUGH #210
Pr-Mc

4 Ayes

1 Ab/Pa

9711107

40) Travel Requests (out-of-state) - APPROVED G. LASKOWSKI TO HUNTINGON, MD; D. YOUNGBLOOD AND M. ETCHEVERRY TO LAS VEGAS, NV; T. RIZOS TO LAS VEGAS, NV
Pr-Mc

4 Ayes

1 Ab/Pa

9711108

41) Minutes for Week of March 17, 1997 - APPROVED
Pr-Mc

4 Ayes

1 Ab/Pa

42) Miscellaneous Letters and Documents - FILED
Pr-Mc

4 Ayes

1 Ab/Pa

43) Departmental referrals by Clerk of the Board - APPROVED AND FILED
PUBLIC PRESENTATIONS

9710520

44) 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! - SHERIFF SPARKS PROVIDED THE BOARD WITH A REPORT ON DEPUTY SHERIFF TOM MORGAN WHO WAS SHOT ON DUTY LAST NIGHT
BOARD MEMBER ANNOUNCEMENTS OR REPORTS

9710609

45) 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]) -
Pe-Mc

All Ayes

9710259

Supervisor Peterson inquired as to the level of medical responsibility required under State law for prisoners in correctional facilities - REFERRED TO CAO AND SHERIFF TO REVIEW FOR REPORT BACK TO THE BOARD
Pe-Mc

All Ayes

978095

Supervisor Peterson discussed recovery of medical costs for treatment of juvenile offenders - REFERRED TO CAO AND PROBATION TO REVIEW FOR REPORT BACK TO THE BOARD
Pe-Mc

All Ayes

9710510

Supervisor Peterson inquired as to the requirement of the County hospital to provide medical treatment to out-of-County indigents - REFERRED TO CAO AND KMC TO REVIEW FOR REPORT BACK TO THE BOARD
CLOSED SESSIONS
County Counsel
Pr-Mc

All Ayes

9710064

(9624)

46) Request for Closed Session to determine whether the County will initiate or intervene in litigation (one case) (Government Code Section 54956.9(c)) (from Tuesday 4/15/97, 10:00 A.M. Item #37) -
Pr-Mc

All Ayes

9710064

(9624)

47) Request for Closed Session regarding lawsuit or proceeding formally initiated entitled Christian Lautsch vs. County of Kern, et al., KCSC Case No. 229874-RTA (Government Code Section 54956.9(a)) (from Tuesday 4/15/97, 10:00 A.M. Item #38) -
Pr-Mc

All Ayes

9610064

(9624)

48) Request for Closed Session regarding a lawsuit or proceeding entitled John Fannin, et al. v. County of Kern, et al., KCSC Case No. 229469-AEW (consolidated with no. 230385) (Government Code Section 54956.9(a)) (from Tuesday 4/15/97, 10:00 A.M. Item #39) -
Pr-Mc RECONVENED FROM CLOSED SESSION AND ADJOURNED TO MONDAY, APRIL 21, 1997 AT 2:00 P.M.

Clerk of the Board

Chairman, Board of Supervisors

42) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED
Board of Trade
9711940 A) News letter for immediate release re Entertainer Buck Owens honored with Distinguished Service Award (Copy to each Supervisor and CAO)
Kern Medical Center
9711140 B) Thank you letter to Grant W. Peters for the donation of Microwave oven and other miscellaneous household items
Local Agency Formation Commission
9710505 C) Proceeding No. 1216, Resolution No. 97-06, Minute Book 44 in the matter of City of Tehachapi Annexation No. 70 (Copy to each Supervisor and CAO)
9710505 D) Proceeding No. 1217, Resolution No. 97-08, Minute Book 44 in the matter of County Service Area #89: Formation (Copy to each Supervisor and CAO)
9710505 E) Proceeding No. 1218 in the matter of City of Bakersfield: Reorganization Annex No. 392 (Casa Loma #6) Detachment from the K.S.A. (Copy to each Supervisor and CAO)
9710505 F) Proceeding No. 1219 in the matter of East Niles Community Service District Annexation No. 32 (Copy to each Supervisor and CAO)
Planning Department
9711135 G) Memorandum re New Street Name "Deadrich Ranch Road"
9711232 H) Letter re Notice of Bureau of Land Management Call for Resource Advisory Council Nominations [Federal Register: March 24, 1997 (Volume 62, Number 56)] (Copy to each Supervisor and CAO)
9711450 I) Letter re Proposed Amendments to Rule 4401 (Steam-Enhanced Crude Oil Production Well Vents) (Copy to each Supervisor and CAO)
Roads Department
978575 J) Recorded document re Irrevocable Offer to Dedicate Real Property for Public Purposes, to Wit, for Public Highway, County Road 3783-2
Sheriff's Department
9711190 K) Letter re Repeal Government Code Section 26614.5--Payment by County for Search and Rescue Costs: Legislation Proposed for County Sponsorship
Treasurer-Tax Collector
9710000 L) Letter re Report of Compliance-Conflict of Interest Statements Kern County Treasury Oversight Committee (KCTOC)- Application for Nomination and Annual Filing
Miscellaneous
974167 M) Advice letter No. 18759 from Pacific Bell re Tariff Schedule (Copy to each Supervisor, CAO, General Services and County Counsel)
979838 N) News Release from California Public Utilities Commission re CPUC Commissioner Richard Bilas' Office Hours in Bakersfield (Copy to each Supervisor, CAO, General Services and County Counsel)
9711450 O) Memorandum from San Joaquin Valley Unified Air Pollution Control District re Citizens Advisory Committee (CAC) Attendance Records (Copy to each Supervisor and CAO)
979449 P) Letter from Federal Emergency Management Agency re National Flood Insurance Program (NFIP) to submit a Biennial Report to the Federal Emergency Management Agency (FEMA), describing the progress made on the implementation of floodplain management measures (Copy to each Supervisor, CAO, General Services and OES)
9710507 Q) Letter from Timewarner Cable re 1996 Social Contract Progress Report (Copy to each Supervisor, CAO and General Services)
9711190 R) Letter from County Clerks Association of California re Conference Call re: AB 1027 as Proposed Amended (Copy to each Supervisor, CAO, Assessor, County Clerk, County Counsel and Grand Jury)
976212 S) News Release from U.S. Department of the Interior Bureau of Reclamation re Reclamation Seeks Willing Sellers for CVPIA Land Retirement Program (Copy to each Supervisor, CAO, RMA and County Counsel)
9711232 T) News Release from U.S. Department of the Interior Bureau of Land Management re Proposed Castle Mountain Mine Expansion Project Draft EIS/EIR Available for Public Review Public Meeting to be held (Copy to each Supervisor, CAO and RMA)
976212 U) News Release from Department of Interior re Bureau of Reclamation Releases Independent Study of Dam Safety; "Peer Review" Finds Bor Program Safe (Copy to each Supervisor, CAO, RMA and County Counsel)
978199 V) Research Preview from National Institute of Justice re Juvenile Gun Violence and Gun Markets in Boston (Copy to each Supervisor, CAO and Sheriff)
9710510 W) Press Release from American Indian Council of Central California, Inc. re Announcement of Certification for Acceptance of Medi-Cal and Medi-Care (Copy to each Supervisor, CAO, Health Department and KMC)
979779 X) Fax Alert from Land Rights Network, American Land Rights Association National Inholders Association re Wise Use Leadership Conference, Reno, Nevada, May 2-4 (Copy to each Supervisor, CAO, RMA, Planning and County Counsel)
979449 Y) Memorandum from State of California, Governor's Office of Intergovernmental Affairs re Mopping up After the Floods, No Easy F.E.A.T. (Copy to each Supervisor, CAO, County Counsel, Grand Jury, General Services, OES, RMA and Planning)
979491 Z) Brochure from California Department of Forestry and Fire Protection, Forestland Steward re State Fire Plan Tackles Complex Issues (Copy to each Supervisor, CAO, and Fire Department)
9710953 AA) Brochure from the Official Publication of the California Office of Traffic Safety re Buckle up San Diego Takes on Air Bag Confusion (Copy to each Supervisor and CAO)
978199 BB) Brochure from Department of Justice, Office of Juvenile Justice and Delinquency Prevention re Proposed Comprehensive Plan for Fiscal Year 1997; Notice (Copy to each Supervisor, CAO and Probation)
979779 CC) Informational Brochures from California Biodiversity Council (Copy to each Supervisor and CAO)
9710507 DD) Letter and Brochure from Focus Cable re changes to their premium service (Copy to each Supervisor, CAO, General Services and County Counsel)
979838 EE) Before the Surface Transportation Board, Reply of the Public Utilities Commission of the State of California in Opposition to Tulare Valley Railroad's Petition for Reconsideration, Docket No. AB-397 (Sub-No. 5X) (Copy to each Supervisor, CAO and County Counsel)
979355 FF) Transmittal Letter to Report Illegal or Threatened Discharge of Hazardous Waste Which you know is likely to cause substantial injury (Copy to each Supervisor, CAO, Enviromental Health, and Fire Hazardous Material)
978622 GG) Annual Report from Board of Corrections re Jail Profile Survey (Copy to each Supervisor, CAO and Sheriff)
43) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED
978778 A) Applications for Alcohol Beverage Licenses from Milanous Bar and Grill, 1229 Skyway Drive, Bakersfield, CA; Pollo Del Norte, 2105 Edison Hwy, Suite P4, Bakersfield, CA; Cue Ball, 10575 Rosedale Hwy, Bakersfield, CA - REFERRED TO PLANNING (Copy to each Supervisor, CAO and County Counsel)
9711377 B) Letter from Merced County, Board of Supervisors re UC Campus Parkway Loop System - REFERRED TO COUNTY ADMINISTRATIVE OFFICE (Copy to each Supervisor)
9711377 C) Letter from Kathy Warnke re UC Campus Parkway Loop System - REFERRED TO COUNTY ADMINISTRATIVE OFFICE (Copy to each Supervisor)
9711920 D) Letter from Tehachapi Christian School re Proposed Building of Private School in Golden Hills - REFERRED TO PLANNING (Copy to each Supervisor, CAO and County Counsel)
978464 E) Letter from United States Department of Commerce, Bureau of the Census, re Geographic Programs Involving Local Participation for Census 2000 - REFERRED TO BOARD OF TRADE (Copy to each Supervisor and CAO)
9711900 F) Claim in the matter of Richard and Indiana Schenkman vs Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)