SUMMARY OF PROCEEDINGS



BOARD OF SUPERVISORS - COUNTY OF KERN



1115 Truxtun Avenue

Bakersfield, California



Regular Meeting

Tuesday, April 21, 1998

10:00 A.M.

BOARD RECONVENED



Supervisors: McQuiston, Perez, Patrick, Peterson, Parra

ROLL CALL: All Present



SALUTE TO FLAG - Led by Supervisor Perez



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



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



STAFF RECOMMENDATIONS SHOWN IN CAPS OR UNDERLINED

RESOLUTIONS/PROCLAMATIONS
Pz-Pa

All Ayes

*1) Resolutions recognizing Art Pulaski and Robert Balgenorth as Central Labor Council's Labor Leaders of the Year - ADOPTED RESOLUTIONS; REFERRED TO CLERK OF THE BOARD FOR PREPARATION
Pz-Pa

All Ayes

2) Proclamation proclaiming April 19-25, 1998, as Crime Victims' Rights Week in Kern County - PROCLAIMED; MADE PRESENTATION TO BETTY KYKER, PROBATION DEPARTMENT; BETTY KYKER HEARD; VICTIM/WITNESS ASSISTANCE CENTER STAFF RECOGNIZED
PUBLIC REQUESTS
Pe-Mc

All Ayes

3) Request from Kern County Child & Family Services Agency to address the Board regarding funding for the Child Abuse Prevention, Intervention and Treatment Projects for Fiscal Years 1998-2001 - NATALIE SENTZ, EXECUTIVE DIRECTOR OF KERN COUNTY CHILD & FAMILY SERVICES AGENCY;

TERI McCLANAHAN, EXECUTIVE DIRECTOR OF FRIENDSHIP HOUSE; JAN CASTEEL, PROJECT DIRECTOR, WELFARE REFORM ADVOCACY PROJECT; AND CAROL MIRANDA, HEARD - CONTINUED TO TUESDAY, APRIL 28, 1998, AT 10:00 A.M. TO ALLOW TIME FOR COUNTY ADMINISTRATIVE OFFICE, HUMAN SERVICES, AND KERN COUNTY CHILD & FAMILY SERVICES AGENCY TO OBTAIN INFORMATION RELATING TO SERVICE DELIVERY LOCATIONS, CLUSTER AREAS OF CHILD ABUSE WITHIN KERN COUNTY; PLANS TO ADDRESS SERVICE DELIVERY, THE ADDITION OF SUBJECTIVE CRITERIA TO THE EVALUATION PROCESS, AND THE AUDIT PROCESS

PUBLIC PRESENTATIONS
4) This portion of the meeting is reserved for persons to address the Board on any matter not on this agenda but under the jurisdiction of the Board. Board members may respond briefly to statements made or questions posed. They may ask a question for clarification, make a referral to staff for factual information or request staff to report back to the Board at a later meeting. Also, the Board may take action to direct the staff to place a matter of business on a future agenda. SPEAKERS ARE LIMITED TO TWO MINUTES. PLEASE STATE YOUR NAME BEFORE MAKING YOUR PRESENTATION. THANK YOU! - CAROL MIRANDA COMMENTED ON THE HUGE PROBLEM OF CHILD ABUSE IN KERN COUNTY AND EXPRESSED THE GREAT NEED FOR CHILD ABUSE PREVENTION
BOARD MEMBER ANNOUNCEMENTS OR REPORTS
5) On their own initiative, Board members may make an announcement or a report on their own activities. They may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda (Gov. Code Sec. 54954.2[a]) - SUPERVISOR PEREZ APOLOGIZED FOR HIS ABSENCE FROM BOARD LAST WEEK TO ATTEND MEETINGS AND PROVIDED UPDATED INFORMATION ON THE EAST KERN ENTERPRISE ZONE MOVING OUT OF THE REVENUE AND TAXATION COMMITTEE TO APPROPRIATIONS. HE FURTHER INDICATED THE CSAC EXECUTIVE STEERING COMMITTEE DISCUSSED AND APPROVED BLOCK GRANT AWARDS FOR JUVENILE AND ADULT VIOLENT OFFENDER BLOCK GRANT MONIES IN THE AMOUNT OF $57,000
DEPARTMENTAL REQUESTS



AUDITOR-CONTROLLER-COUNTY CLERK

Pz-Pa

All Ayes

*6) Request to declare candidates for Democratic Central Committee and Republican Central Committee to be elected pursuant to Elections Code Section 7228 - DECLARED NOMINATED CANDIDATES ELECTED
Mc-Pz

All Ayes

7) Proposed Ordinance adjusting County Clerk fees for services provided - CONTINUED TO TUESDAY, APRIL 28, 1998, AT 10:00 A.M.
Pz-Pa

All Ayes

*8) Request to employ retired County employee Andrew Ortega Jr. as an Elections Process Clerk II at a salary range of 44.5, Step E, for a period not to exceed 120 working days or 960 hours, whichever is greater, effective April 25, 1998 - APPROVED
DISTRICT ATTORNEY
Pz-Pa

All Ayes

*9) Proposed amendment to Agreement with Sherman Consulting Services, to extend term through December 31, 1998, for specialized computer programming and technical development services - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 196-98
EMPLOYERS' TRAINING RESOURCE
Pz-Pa

All Ayes

*10) Request to submit the two-year Job Training Plan/Substate Plan to the State of California; authorize Director of Employers' Training Resource to sign and/or modify any documents necessary to submit the State plan; authorize Human Services Director or designee to sign the CalWORKs Certification form for Kern County for inclusion in the Job Training Plan/Substate Plan - APPROVED
FIRE DEPARTMENT
Pz-Pa

All Ayes

*11) Appropriation of State funding and request for major and minor maintenance projects - RECOGNIZED UNANTICIPATED REVENUE IN THE AMOUNT OF $164,280; APPROVED THE APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $164,280 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED THE TRANSFER OF $164,280 FROM APPROPRIATIONS FOR CONTINGENCIES TO BUDGET UNIT #2415 (Continued from 4/14/98, Item #21)
HUMAN SERVICES
Pz-Pa

All Ayes

*12) Unusual travel request for Steve Pruitt and Anthony Merante to attend the Annual Networld Interop '98 Conference in Las Vegas, Nevada, from May 3-6, 1998, in an amount not to exceed $3,319 for registration, lodging and travel, funded by Federal and State funds with a 15% County share - APPROVED
KERN MEDICAL CENTER
Pz-Pa

All Ayes

*13) Relief of accountability of patient accounts - DISCHARGED KERN MEDICAL CENTER FROM ACCOUNTABILITY OF 3264 ACCOUNTS TOTALING $1,937,646.56 AND ASSIGNED 3175 ACCOUNTS TOTALING $1,872,577.87 TO COLLECTION AGENCIES
Pz-Pa

All Ayes

*14) Proposed acceptance of donation from Pfizer, Inc., U.S. Pharmaceuticals Group, of travel expenses of Esther Chang, M.D. to attend the Great Expectations: Practice Management Essentials for Obstetrics and Gynecology Residents program in New Orleans, Louisiana from May 9-11, 1998 - APPROVED; ADOPTED RESOLUTION 98-123 ACCEPTING DONATION
Pa-Pz

All Ayes

15) Proposed acceptance of donation in the amount of $96,441 from the Kern Medical Center Auxiliary to be used for the purchase of the following items: Transesohageal Echocardiogram ($70,000); KIOSK (computerized self-inform directory system for patients/visitors) ($12,550); Centennial Plaza ($5,000); memory boxes for deceased babies ($3,888); patient manikin for advanced cardiopulmonary life support ($2,205); ElderLife chairs ($1,150); Christmas for patients in-house ($934); SANE (Sexual Assault Nurse Examiners) Project ($208); Psychiatric 3B Ward ($174); meal vouchers ($159); GET bus passes ($75); historical picture project ($73); and baby hats for newborns ($25) - APPROVED; ACCEPTED DONATION FROM ELAINE HASTIN, JEMIMA ROWE, AND DOROTHY SCOTT ON BEHALF OF THE AUXILIARY; MADE PRESENTATION OF CERTIFICATE OF RECOGNITION TO ELAINE HASTIN, PRESIDENT OF KERN MEDICAL CENTER AUXILIARY; AUXILIARY MEMBERS RECOGNIZED
Pz-Pa

All Ayes

*16) Proposed addition of one (1) full-time Typist Clerk II/I; three (3) part-time Respiratory Therapists IV/III/II/I; one (1)part-time Dietary Assistant; three (3) full-time Account Clerk II/I; and one (1) full-time Vocational Nurse II/I PreLicensed Vocation Nurse positions; and deletion of three (3) full-time Respiratory Therapists IV/III/II/I; one (1) full-time Dietary Assistant; one (1) full-time Utilization Review Supervisor; one (1) full-time Account Clerk IV; one (1) full-time Perinatal Worker; and one (1) full-time Hospital Staff Nurse IV/III/II/I positions, effective April 21, 1998 - APPROVED; REFERRED TO PERSONNEL TO AMEND THE DEPARTMENTAL POSITIONS AND SALARY SCHEDULE
LIBRARY
Pz-Pa

All Ayes

*17) Gates Library Foundation Opportunity Grant Holloway-Gonzales Branch - $22,100 - APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $22,100 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER OF $22,100 FROM APPROPRIATIONS FOR CONTINGENCIES TO LIBRARY BUDGET UNIT 6210; AUTHORIZED DIRECTOR OF LIBRARIES TO EXECUTE GRANT AGREEMENT AND ALL OTHER NECESSARY DOCUMENTS AND TO APPROVE THE SOLE SOURCE PURCHASE OPTION FROM GATEWAY 2000 AS SPECIFIED IN THE AWARD LETTER
Pz-Pa

All Ayes

*18) California State Library Grant Award "Shades of California," Frazier Park Branch (locally called "Shades of the Hill") - APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $5,650 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER OF $5,650 FROM APPROPRIATIONS FOR CONTINGENCIES TO LIBRARY BUDGET UNIT 6210; AUTHORIZED DIRECTOR OF LIBRARIES TO EXECUTE NECESSARY GRANT AGREEMENT AND ALL OTHER NECESSARY DOCUMENTS
Pz-Pa

All Ayes

*19) Appropriation of Unanticipated Revenue from State Public Library Fund - APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $99,087 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER OF $99,087 FROM APPROPRIATIONS FOR CONTINGENCIES TO LIBRARY BUDGET UNIT 6210
MENTAL HEALTH SERVICES
Pz-Pa

All Ayes

*20) Proposed Amendment No. 1 ($1,050 for an additional three clients) to Agreement No. 293-97 with Las Palmas Board and Care, for Fiscal Year 1997-98, for provision of augmented board and care services to clients residing in Kern County, for a total amount not to exceed $9,050 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 197-98
Pz-Pa

All Ayes

*21) Proposed Amendment No. 2 ($700 for an additional two clients) to Agreement No. 227-97 with April Joy's Home Care Haven, for Fiscal Year 1997-98, for provision of augmented board and care services to clients residing in Kern County, for a total amount not to exceed $7,200 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 198-98
Pz-Pa

All Ayes

*22) Proposed Amendment No. 1 ($7,816 for increased services) to Agreement No. 488-97 with the Kern County Economic Opportunity Corporation, for Fiscal Year 1997-98, for provision of substance abuse rehabilitation and outpatient drug-free counseling to children in a school environment, for a total amount not to exceed $12,476 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 199-98
Pz-Pa

All Ayes

*23) Proposed Agreement with Rowan Brooks, M.F.C.C., for Fiscal Year 1998-99 (April 21, 1998-March 31, 1999), for provision of a full continuum of mental health services for mentally ill clients in the Metropolitan Bakersfield area, in an amount not to exceed $44,776 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 200-98
PARKS AND RECREATION DEPARTMENT
Pz-Pa

All Ayes

*24) Proposed amendment to Ordinance Code Section 13.48.310A, Designation of swimming area on Lake Webb (BVARA) - No Fiscal Impact - WAIVED READING AND INTRODUCED ORDINANCE
Pz-Pa

All Ayes

*25) Proposed amendment to Ordinance Code Sections 13.48.285 and 13.48.320.C - Direction of travel for personal watercraft at BVARA - No Fiscal Impact - WAIVED READING AND INTRODUCED ORDINANCE
PARKS AND RECREATION DEPARTMENT

Kern County Wildlife Resources Commission

Pz-Pa

All Ayes

*26) Funding request in the amount of $950 from the Taft Sportsmen's Club & Junior Division to purchase pheasant for a junior pheasant hunt - Fiscal Impact $950.00 - APPROVED PROJECT IN THE AMOUNT OF $950 FROM FUNDS AVAILABLE IN THE 1997-98 APPROPRIATIONS FOR CONTRIBUTIONS TO OTHER AGENCIES; AUTHORIZED PARKS DEPARTMENT TO PROCESS THE NECESSARY DOCUMENTS TO COMPLETE TRANSACTION; AUTHORIZED AUDITOR-CONTROLLER TO ISSUE A WARRANT UPON PRESENTATION OF PROPER DOCUMENTATION
Pz-Pa

All Ayes

*27) Funding request in the amount of $2,750 from the K.E.E.P. Foundation to taxidermy a mountain lion and bob cat for educational enrichment - Fiscal Impact $2,750.00 - APPROVED PROJECT IN THE AMOUNT OF $2,750 FROM FUNDS AVAILABLE IN THE 1997-98 APPROPRIATIONS FOR CONTRIBUTIONS TO OTHER AGENCIES; AUTHORIZED PARKS DEPARTMENT TO PROCESS THE NECESSARY DOCUMENTS TO COMPLETE TRANSACTION; AUTHORIZED AUDITOR-CONTROLLER TO ISSUE A WARRANT UPON PRESENTATION OF PROPER DOCUMENTATION
Pz-Pa

All Ayes

*28) Funding request in the amount of $6,000 from the Fish & Game Habitat Club to purchase Redear Sunfish - Fiscal Impact $6,000 - APPROVED PROJECT IN THE AMOUNT OF $6,000 FROM FUNDS AVAILABLE IN THE 1997-98 APPROPRIATIONS FOR CONTRIBUTIONS TO OTHER AGENCIES; AUTHORIZED PARKS DEPARTMENT TO PROCESS THE NECESSARY DOCUMENTS TO COMPLETE TRANSACTION; AUTHORIZED AUDITOR-CONTROLLER TO ISSUE A WARRANT UPON PROPER DOCUMENTATION
PROBATION DEPARTMENT
WITH-

DRAWN

29) Proposed retroactive Agreement with Kern Valley Hospital District, Rural Health Clinic, to provide medical services for the Juvenile Forestry Camp, in an amount not to exceed $30,000 from March 1, 1998 to February 28, 1999 -
SHERIFF'S DEPARTMENT
Pz-Pa

All Ayes

*30) Appropriation of unanticipated revenue - APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $1,331,000 TO APPROPRIATION FOR CONTINGENCIES; APPROVED BUDGET TRANSFER IN THE AMOUNT OF $1,331,000 FROM APPROPRIATIONS FOR CONTINGENCIES TO BUDGET UNIT 2210
Pz-Pa

All Ayes

*31) Proposed Agreement for Auctioneer Services to conduct a Sheriff's auction pursuant to Penal Code Sections 12028 and 12032, from April 21, 1998 through August 31, 1998 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 201-98
WEIGHTS AND MEASURES
Pz-Pa

All Ayes

*32) Appropriation of unanticipated revenue in the amount of $50,000 - APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $50,000 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER FROM APPROPRIATIONS FOR CONTINGENCIES IN THE AMOUNT OF $50,000 TO BUDGET UNIT 2630
CLOSED SESSIONS



COUNTY ADMINISTRATIVE OFFICE

Pe-Pz

All Ayes

33) Request for closed session regarding Public Employee Appointment: Chief Executive Officer, Kern Medical Center (Continued from 4/14/98, Item #42) -
COUNTY COUNSEL
Pe-Pz

All Ayes

34) Request for closed session regarding pending litigation entitled Donald R. Palla, et al. v. County of Kern, et al., KCSC Case No. 227735 and Case No. 229670 Consolidated Cases (Government Code Section 54956.9(a)) -
Pe-Pz

All Ayes

34A) Results of closed session regarding pending litigation entitled Donald R. Palla, et al. v. County of Kern, et al., KCSC Case No. 227735 and Case No. 229670 Consolidated Cases (Government Code Section 54956.9(a)) - CONTINUED TO TUESDAY, APRIL 21, 1998, AT 2:00 P.M. (SEE ITEM #34)
Pe-Pz

All Ayes

35) Request for closed session to make a determination of whether the County will initiate or intervene in litigation or join as amicus curiae in a lawsuit (Government Code Section 54956.9(c)) -
Pe-Pz

All Ayes

35A) Results of closed session to make a determination of whether the County will initiate or intervene in litigation or join as amicus curiae in a lawsuit (Government Code Section 54956.9(c)) - CONTINUED TO TUESDAY, APRIL 21, 1998, AT 2:00 P.M. (SEE ITEM #35)
Pe-Pz

All Ayes

36) Request for closed session regarding pending litigation (one case) (Government Code Section 54956.9(b)(1)(3)(A) -
Pe-Pz 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



1115 Truxtun Avenue

Bakersfield, California



Regular Meeting

Tuesday, April 21, 1998



2:00 P.M

BOARD RECONVENED



Supervisors: McQuiston, Perez, Patrick, Peterson, Parra

ROLL CALL: All Present





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







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





BOARD ACTION SHOWN IN CAPS AFTER EACH ITEM





CLOSED SESSION


COUNTY ADMINISTRATIVE OFFICE

Pa-Pz

All Ayes

1A) Results of Closed Session regarding Public Employee Appointment: Chief Executive Officer, Kern Medical Center (Continued from 4/14/98, Item 42, and 4/21/98 A.M., Item #33) - SUPERVISOR PARRA ANNOUNCED APPOINTMENT OF PETER BRYAN AS INTERIM CHIEF EXECUTIVE OFFICER OF KERN MEDICAL CENTER EFFECTIVE MAY 2, 1998



PUBLIC PRESENTATIONS
1) This portion of the meeting is reserved for persons to address the Board on any matter not on this agenda but under the jurisdiction of the Board. Board members may respond briefly to statements made or questions posed. They may ask a question for clarification, make a referral to staff for factual information or request staff to report back to the Board at a later meeting. Also, the Board may take action to direct the staff to place a matter of business on a future agenda. SPEAKERS ARE LIMITED TO TWO MINUTES. PLEASE STATE YOUR NAME BEFORE MAKING YOUR PRESENTATION. THANK YOU! - BARBARA FOWLER HEARD RE CITY OF BAKERSFIELD ANNEXATION PROCESS AT PALM AND OLIVE DRIVE

GEORGE BLAZER HEARD RE ROAD WIDENING PROJECT ON FAIRFAX ROAD AND DETERMINATION OF LAND OWNERSHIP AND VALUE



BECKY KAISER HEARD RE CITY OF BAKERSFIELD'S ANNEXATION PROCESS AT PALM AND OLIVE DRIVE



BRIAN MORROW HEARD RE CITY OF BAKERSFIELD'S ANNEXATION PROCESS OF PALM AND OLIVE DRIVE AND A MEMO CIRCULATED BY THE CITY OF BAKERSFIELD RE ATTENDANCE AT CITY WORKSHOP



BOARD MEMBER ANNOUNCEMENTS OR REPORTS


2)


On their own initiative, Board members may make an announcement or a report on their own activities. They may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda (Gov. Code Sec. 54954.2 [a]) - SUPERVISOR PATRICK ANNOUNCED HER ABSENCE NEXT WEEK IN ORDER TO ATTEND A CALIFORNIA AIR RESOURCES BOARD MEETING


DEPARTMENTAL REQUESTS


AIRPORTS



Pe-Pa

All Ayes



* 3)


Proposed adoption of a new Conflict of Interest Code for the Department of Airports due to changes of positions - APPROVED


COUNTY ADMINISTRATIVE OFFICE


Pe-Pa

All Ayes



* 4)


Proposed Allocation of United States Department of Justice Local Law Enforcement Block Grant Program Funds - (1) APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN AMOUNT OF $624,857 TO APPROPRIATIONS FOR CONTINGENCIES BUDGET UNIT 1970; (2) APPROVED BUDGET TRANSFER OF $619,056 FROM APPROPRIATIONS FOR CONTINGENCIES BUDGET UNIT 1970 TO SHERIFF'S BUDGET UNIT 2210 ($538,233 OF GRANT FUNDS, $59,804 OF COUNTY GENERAL FUNDS, AND $21,019 OF ACCRUED INTEREST); (3) APPROVED BUDGET TRANSFER OF $72,894 FROM APPROPRIATIONS FOR CONTINGENCIES BUDGET UNIT 1970 TO DISTRICT ATTORNEY'S BUDGET UNIT 2180 ($65,605 OF GRANT FUNDS AND $7,289 OF COUNTY GENERAL FUNDS)


Hearing


Pe-Pa

3 Ayes

2 Noes/

Pr-Mc



5)


Establishment of Local Child Care and Development Planning Council as a Separate Entity Under Provisions of AB 1542 and Abolishment of the Kern County Commission on Child Care - 1) OPENED HEARING; SANDY WEST, NORTH BAKERSFIELD RECREATION AND PARKS DISTRICT CHAIRMAN, KERN COUNTY COMMISSION ON CHILD CARE; LESLIE DRAGOO, WEST KERN COMMUNITY COLLEGE DISTRICT, KERN COUNTY COMMISSION ON CHILD CARE; TERI MC CLANAHAN, EXECUTIVE DIRECTOR, FRIENDSHIP HOUSE; CAROL CLEROSCO, KCEOC AND LATINO COALITION FOR BETTER CHILD CARE; CELINE MARTINEZ; TERRY ROBINSON, KERN COUNTY COMMISSION ON CHILD CARE; BILL PHELPS, CLINICA-SIERRA VISTA; GILBERT GARCIA, KERN COUNTY YOUTH MARIACHI PROGRAM AND GENE TACKETT, HEARD; CLOSED HEARING; 2) SET TERMS OF CURRENT COMMISSION MEMBERS TO EXPIRE ON JUNE 30, 1998; 3) ABOLISHED KERN COUNTY COMMISSION ON CHILD CARE EFFECTIVE JUNE 30, 1998; 4) ADOPTED RESOLUTION 98-124 ESTABLISHING KERN COUNTY LOCAL CHILD CARE AND DEVELOPMENT PLANNING COUNCIL EFFECTIVE JULY 1, 1998 AND APPROVING TERMS, CATEGORIES, AND APPOINTING AUTHORITIES OF COUNCIL MEMBERS 5) AUTHORIZED CHAIRMAN, JOINTLY WITH SUPERINTENDENT OF SCHOOLS, TO NOTIFY STATE DEPARTMENT OF EDUCATION OF ABOLISHMENT OF COMMISSION AND ESTABLISHMENT OF COUNCIL; 6) AUTHORIZED CHAIRMAN TO NOTIFY CURRENT COMMISSION MEMBERS OF ABOLISHMENT OF COMMISSION AND OF THEIR APPOINTMENT TO NEW LOCAL CHILD CARE AND DEVELOPMENT PLANNING COUNCIL UPON VERIFICATION OF ACTIVE PARTICIPATION AS A MEMBER OF THE KERN COUNTY COMMISSION ON CHILD CARE; 7) DIRECTED CLERK OF BOARD TO POST COUNCIL VACANCIES AND ACCEPT APPLICATIONS; AND 8) DIRECTED COUNTY ADMINISTRATIVE OFFICE TO WORK WITH KERN COUNTY SUPERINTENDENT OF SCHOOLS AND COUNTY COUNSEL TO PREPARE APPROPRIATE COUNCIL BYLAWS WHICH INCORPORATE PROVISIONS OF AB 1542 AND NEW CATEGORIES, TERMS AND APPOINTING AUTHORITIES OF COUNCIL MEMBERS; 9) REFERRED TO CAO IN CONJUNCTION WITH SUPERINTENDENT OF SCHOOLS TO RE-APPOINT 14 CURRENT MEMBERS AND APPOINT 16 NEW MEMBERS


Pe-Pa

All Ayes



* 6)


Proposed Revision to Health Plan Eligibility Policy and Amendment to the Kern County Administrative Procedures Manual (from 4/14/98) - ADOPTED REVISED HEALTH BENEFITS ELIGIBILITY POLICY AND CORRESPONDING AMENDMENT TO THE KERN COUNTY ADMINISTRATIVE PROCEDURES MANUAL


Legislative Matters


Pe-Pa

All Ayes



* 7)


San Joaquin Rail Passenger Service - ADOPTED POSITION OF SUPPORT; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE


Pe-Pa

All Ayes



* 8)


SB 2: State Parks Bond Act: Inclusion of Local Funding - ADOPTED POSITION OF SUPPORT; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE




Pe-Pa

All Ayes



* 9)


S 1186: Workforce Investment Partnership Act - ADOPTED POSITION OF SUPPORT; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE


Pe-Pa

All Ayes



*10)


ACA 30: Transportation Funding - ADOPTED POSITION OF SUPPORT; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE


COUNTY ADMINISTRATIVE OFFICE

General Services Division



S.D. 1



Pe-Pa

All Ayes



*11)


(1650.7223) Plans and Specifications to replace domestic water main at Hart Park - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTION; 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, MAY 21, 1998, AT 11:00 AM.


Pe-Pa

All Ayes



*12)


Proposed Assignment of Franchise F-280 from Shell Western Exploration and Production, Inc., to Aera Energy Limited Liability Company - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15061; DIRECTED CLERK OF THE BOARD TO COMPLETE AND FILE NOTICE OF EXEMPTION; APPROVED; ADOPTED RESOLUTION 98-125


Pe-Pa

All Ayes



*13)


Proposed Notice of Restrictive Covenant to Prospective Purchasers for the McFarland-Delano Sanitary Landfill - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; DIRECTED CLERK OF THE BOARD TO COMPLETE AND FILE NOTICE OF EXEMPTION; APPROVED; AUTHORIZED CHAIRMAN TO SIGN; DIRECTED CLERK OF THE BOARD TO RECORD





S.D. 4
Pe-Pa

All Ayes

*14) Proposed Assignment of Franchise F-355 from Shell Western Exploration and Production, Inc., to Aera Energy Limited Liability Company - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15061; DIRECTED CLERK OF THE BOARD TO COMPLETE AND FILE NOTICE OF EXEMPTION; APPROVED; ADOPTED RESOLUTION 98-126
S. D. 5
Pe-Pa

All Ayes

*15) (1650.7214) Change Order No. 2, providing for a decrease of $1,066.75 and allowing additional time for the Probation Central School Reroof - APPROVED; AUTHORIZED CHAIRMAN TO SIGN
Pe-Pa

All Ayes

*16) Proposed Amendment to Agreement for Sublease of Portion of 2011 Niles Street, Bakersfield, to provide office space for use by the Sheriff's Department - 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 202-98
All S.D.s
Pe-Pa

All Ayes

*17) Report on the decision of the U.S. Court of Appeals for the Fifth District regarding Cable Television Franchise Fees - RECEIVED AND FILED
Pe-Pa

All Ayes

*18) Continuation of Local Emergency - EXTENDED EMERGENCY FOR AN ADDITIONAL TWO-WEEK PERIOD



RESOURCE MANAGEMENT AGENCY

Community Development Program Department

Pa-Pz

4 Ayes

1 No/Mc

19) Report re Use of Community Development Block Grant (CDBG) Funding for Eligible Public Service Activities (Continued from 3/31/98 & 4/7/98) - EDDIE LANE, DIRECTOR OF OFFICE ON AGING; GONZALO RAMIRA, RICHARD PRADO - EAST BAKERSFIELD NUTRITION CENTER BOARD; CAROL MOREHEAD, DIRECTOR, HIGH DESERT SENIOR NUTRITION PROGRAM; LARRY LOBAUGH, KERN MEDICAL CENTER; KATHY GIBBS, NORTH BAKERSFIELD RECREATION AND PARK DISTRICT; PHIL NEWHOUSE, COMMUNITY DEVELOPMENT, CITY OF DELANO; ALANA REAL, SHAFTER RECREATION AND PARK DISTRICT AND BEVERLY MULLIS, HOMEMAKER SERVICES, INDIAN WELLS VALLEY, HEARD; RECEIVED AND FILED DOCUMENT; CONTINUED POLICY OF FOCUSING USE OF CDBG FUNDING ON ELIGIBLE PUBLIC IMPROVEMENTS, INFRASTRUCTURE, HOUSING AND ECONOMIC DEVELOPMENT ACTIVITIES AND LIMIT FUNDING FOR PUBLIC SERVICES TO THE CURRENT OBLIGATIONS TO FAIR HOUSING, GRAFFITI ABATEMENT, ENTERPRISE ZONE, AND SENIOR VEHICLE REPLACEMENT; REFERRED FUNDING OF SENIOR NUTRITION PROGRAMS TO BUDGET FILE WITH RESPECT TO GENERAL FUND MONIES; REFERRED TO CAO TO REVIEW FUNDING OPTIONS, AND POSSIBLE FUNDING SOLUTIONS TO SUPPORT FIRST QUARTER OF SENIOR NUTRITION PROGRAM, FOR REPORT BACK TO THE BOARD; REFERRED FUNDING OF SENIOR NUTRITION PROGRAMS TO BUDGET FILE



RESOURCE MANAGEMENT AGENCY

Engineering and Survey Services



S.D. 3



Pe-Pa

All Ayes



*20)


Tract 5448, Unit 4; West of Rudd Avenue, South of Rosedale Highway; Release of Monument Bond; Norman Development Company - RELEASED THE MONUMENT SECURITY BOND NO. 163748S (UNDERWRITTEN BY DEVELOPERS INSURANCE COMPANY), IN THE AMOUNT OF $760.00


Pe-Pa

All Ayes



*21)


Tract No. 5655; Northwest Corner of Pioneer Drive and Monica Street, East Bakersfield Area; Type "A" Subdivision; DeWalt Corporation for Dennis DeWalt - ADOPTED RESOLUTION 98-127 MAKING FINDINGS PER SEC. 21151 OF PUBLIC RESOURCES CODE, SEC. 66473.5, 66474 AND 65567 OF GOVERNMENT CODE INCLUDING APPROVAL OF WAIVER OF SIGNATURE FOR MINERAL OWNERS WITHOUT SURFACE ENTRY RIGHTS AND EASEMENT HOLDERS PER SEC. 66436 OF GOVERNMENT CODE AND SEC. 18.45.020 D1 OF LAND DIVISION ORDINANCE (SECTION 18.15.030 K1, 2, 3 NOT APPLICABLE); APPROVED FINAL MAP; AUTHORIZED CLERK OF THE BOARD TO SIGN; APPROVED IMPROVEMENT, MONUMENTATION AND CONSENT TO COMMON USE AGREEMENTS; AUTHORIZED CHAIRMAN TO SIGN; RECEIVED AND FILED DOCUMENTS AND ORDERED RECORDED AS APPROPRIATE


S.D. 5
Pe-Pa

All Ayes

*22) Report on emergency conditions requiring repair of the Lamont Sump - RECEIVED AND FILED
RESOURCE MANAGEMENT AGENCY

Roads Department



S.D. 4

Pe-Pa

All Ayes

23) Request from Sheriff's Substation in Taft for No Parking and Preferential Parking Zones on the West Side of North Lincoln Street, Taft - CONTINUED TO TUESDAY, MAY 5, 1998 AT 2:00 P.M.
S.D. 1 and 2



Pe-Pa

All Ayes



*24)


Contract No. 98026, Plans, Specifications, and 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 MAY 20, 1998, 11:00 A.M.













S.D.s 1, 3 and 4
Pe-Pa

All Ayes

*25) Contract No. 98025, Plans Specifications, and 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 MAY 20, 1998, 11:00 A.M.

All S.D.s
Pe-Pa

All Ayes

*26) Proposed agreement with San Joaquin Valley Unified Air Pollution Control District for Grant to Repower five (5) Compressed Natural Gas Busses (from 4/14/98) - RECOGNIZED UNANTICIPATED REVENUE IN THE AMOUNT OF $70,000.00 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED TRANSFER IN THE AMOUNT OF $70,000.00 FROM APPROPRIATIONS FOR CONTINGENCIES TO BUDGET UNIT 8998; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 203-98; AUTHORIZED THE SOLE SOURCE PURCHASE OF FIVE (5) 5.9 LITER CUMMINS CNG ENGINES FROM CUMMINS WEST, INC.; ESTABLISHED NEW BUDGET LINE ITEM IN BUDGET UNIT 8998 AS 4220, NON-OPERATING REVENUE-SJVUAPCD GRANT TOTALING $70,000.00
WASTE MANAGEMENT DEPARTMENT



All S.D.s

Pe-Pa

All Ayes

*27) Request for Proposal to Provide Professional Services Related to Detection and Evaluation Monitoring for Bakersfield Metropolitan, China Grade, and Lebec Sanitary Landfills - APPROVED; AUTHORIZED KERN COUNTY WASTE MANAGEMENT DEPARTMENT TO ISSUE THE REQUEST FOR PROPOSAL TO ALL INTERESTED CONSULTANTS
MATTERS FOR EXECUTIVE APPROVAL



Pe-Pa

All Ayes



*28)


Budget Transfers - APPROVED #228 THROUGH #248


Pe-Pa

All Ayes



*29)


Travel Requests (Out of State) - NONE


Pe-Pa

All Ayes



*30)


Minutes for the Week of March 30, 1998 - APPROVED
Pe-Pa

All Ayes

*31) Miscellaneous Letters and Documents - FILED
Pe-Pa

All Ayes

*32) Miscellaneous Departmental Referrals by Clerk of the Board - APPROVED AND FILED



Pe-Pa

All Ayes



*33)


Claims and Lawsuits filed with and referred by Clerk of the Board - APPROVED AND FILED
CLOSED SESSIONS


COUNTY COUNSEL

Pz-Pa

All Ayes

34) Request for closed session regarding pending litigation entitled Donald R. Palla, et al. v. County of Kern, et al., KCSC Case No. 227735 and Case No. 229670 Consolidated Cases (Government Code Section 54956.9(a)) (from 4/21/98, 10:00 a.m., #34) -

Pz-Pa

All Ayes

35) Request for closed session to make a determination of whether the County will initiate or intervene in litigation or join as amicus curiae in a lawsuit (Government Code Section 54956.9(c)) (from 4/21/98, 10:00 a.m., #35) -
Pa-Pz RECONVENED FROM CLOSED SESSION AND ADJOURNED TO MONDAY, APRIL 27, 1998 AT 2:00 P.M.





Clerk of the Board







Chairman, Board of Supervisors





31) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED
Auditor-Controller-County Clerk
A) Report on Refunds (Government Code Section 26906) of Erroneous Deposits Pursuant to Board Resolution 71-4
B) Revenue Recap Report and Statement of Condition, Budgetary Appropriations as of March 31, 1998
Clerk of the Board
C) Received, certified, and forwarded to Recorder for Recordation as follows:

Tract Map No. 5429-Phase A (S.D. 4)

Tract Map No. 5429-Phase B (S.D. 4)

Tract Map No. 5479 (S.D. 3)

Tract Map No. 5716-Phase 6 (S.D. 3)

Tract Map No. 5848-Phase A (S.D. 4)

Tract Map No. 5848-Phase B (S.D. 4)

Tract Map No. 5848-Phase C (S.D. 4)

Tract Map No. 5876-Phase C (S.D. 4)

Parcel Map No. 9782 (S.D. 2)

Library
D) Thank you letter to Joyce M. Darrow, Bakersfield Green Thumb Garden Club re gardening done at Southwest Branch Library
Resource Management Agency
E) Letter to Cal EPA re response to survey re information services on the Internet (Copy to each Supervisor and CAO)
F) Quarterly Status Reports in Key Issues (Copy to each Supervisor and CAO)
Sheriff's Department
G) Thank you letter to John Vasinda re donation of $100.00 to purchase bicycle helmets for the Bicycle Safety Rodeo
Miscellaneous
H) Letter from Dorothea Fuerbringer re concern of naming the airport after Merle Haggard (Copy to each Supervisor, CAO and Airport Department)
I) Letter from Department of Health Services re fiscal year (FY) 1997-98 Standard Agreement for California Healthcare for Indigents Program (CHIP) or for Rural Health Services (RHS) Program (Copy to each Supervisor, CAO, KMC and Health Department)
J) Announcement of Western States Coalition re conference from April 13-15 (Copy to each Supervisor and CAO)
K) Letter from Becky Kaiser expressing concerns with the City of Bakersfield's Annexation process (Copy to each Supervisor, CAO and County Counsel)
L) Letter from Assemblyman Roy Ashburn re an Opportunity Grant from Microsoft for the Kern County Library (Copy to each Supervisor, CAO and Library)
M) Letter from RYDER/MLS re fleet management and maintenance services solution (Copy to each Supervisor and CAO)
N) Letter from Department of California Highway Patrol re illegal discharge (or threatened illegal discharge) of hazardous waste (Copy to each Supervisor, CAO, Environmental Health and Fire Hazardous Material)
O) CALFED Bay-Delta Program Draft Programmatic EIS/EIR, Errata - April 3, 1998 (Copy to each Supervisor and CAO)
P) U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention book re "Beyond the Walls, Improving Conditions of Confinement for Youth in Custody" (Copy to each Supervisor and CAO)
Q) U.S. Department of the Interior, Bureau of Reclamation, news release re "Keep California Beautiful Day cleanup at Lake Berryessa April 18-19" (Copy to each Supervisor and CAO)
R) U.S. Department of the Interior, Bureau of Reclamation, news release re Acquisition of 156 Acres of Riparian Lands for the San Joaquin River Parkway (Copy to each Supervisor and CAO)
S) Notice of Joint Public Hearing on Proposed Amendment No. 2 to the Redevelopment Plan for the Wasco Redevelopment Project (Copy to each Supervisor and CAO)
T) Memorandum from San Joaquin Valley Unified Air Pollution Control District re Citizens Advisory Committee (CAO) Attendance Records (Copy to each Supervisor and CAO)
U) Public Hearing Notice from CALFED Bay-Delta Program (Copy to each Supervisor and CAO)
V) Brochure from Water Education Foundation re Western Water for March /April 1998 (Copy to each Supervisor and CAO)
W) Draft Environmental Impact Report, California Portland Cement Company Mojave Plant, Tire Supplemental Fuel Project SCH No. 97061042 (Copy to each Supervisor, CAO, Planning and County Counsel)
X) Agenda of Meeting from Central Valley Regional Water Quality Control Board for Friday, April 17, 1998 (Copy to each Supervisor and CAO)
Y) Agenda of Regular meeting of the Planning Commission for Thursday, April 16, 1998 (Copy to each Supervisor, CAO and Planning)
32) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD-

APPROVED AND FILED

A) Application for alcohol beverage license - El Herradero, 2592 S. Union Avenue, Bakersfield, CA; Pine Mountain Mining Co., 16237 Pine Valley Lane, Suite 100, Pine Mountain Club, CA -REFERRED TO PLANNING (Copy to each Supervisor, CAO and County Counsel)
B) Letter from Sierra Business Council re update on their work to improve the quality of land use planning -REFERRED TO PLANNING (Copy to each Supervisor, CAO and County Counsel)
C) Letter from Kip Tulin re the support of Ted and Maxine Turner's return to Taft Airport -REFERRED TO AIRPORTS (Copy to each Supervisor and CAO)
D) Letter from Dr. Hana Claus re removal of alkali on the glass and marble of the County Administrative Building REFERRED TO GENERAL SERVICES (Copy to each Supervisor and CAO)
E) Letter from Stallion Springs Community Services District re Resolution No. 98-2 -REFERRED TO AUDITOR-CONTROLLER-COUNTY CLERK (Copy to each Supervisor and CAO)
F) Letter from CAL/ACEP re EMS Fund -REFERRED TO EMS (Copy to each Supervisor and CAO)
33) CLAIMS AND LAW SUITS FILED WITH AND REFERRED BY THE CLERK OF THE BOARD - APPROVED AND FILED
A) Claim in the matter of Griselda Alcala vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
B) Summons in a Civil Action in the matter of ASRC Contracting Company, Inc. vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
C) Summons in a Civil Action in the matter of Julie Ann Blind-Doan vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
D) Claim in the matter of Gumaro Bojorquez; as Guardian Ad Litem for Ashley Bojorquez, a minor; Hector Bojorquez, a minor; Soila Bojorquez, a minor; and Andrea Bojorquez vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
E) Claim in the matter of Nadine Costerisan vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
F) Claim in the matter of Robin S. Helmersen vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
G) Claim in the matter of Wendy C. Kent vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
H) Claim in the matter of Darsi Madsen vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
I) Claim in the matter of Thomas L. Moberly vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
J) Claim in the matter of Kevin L. Murphy vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
K) Notice of Filing of Discrimination Complaint before the Department of Fair Employment & Housing in the matter of Richard Lee Price vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management and Personnel)
L) Claim in the matter of Mary Wright vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)