SUMMARY OF PROCEEDINGS



BOARD OF SUPERVISORS - COUNTY OF KERN



1115 Truxtun Avenue

Bakersfield, California



Regular Meeting

Tuesday, June 8, 1999



9:00 A.M.























































Pe-Pa

All Ayes

BOARD RECONVENED



Supervisors: McQuiston, Perez, Patrick, Peterson, Parra

ROLL CALL: All Present



SALUTE TO FLAG - Led by Supervisor Patrick



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



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



NOTE: Chairman McQuiston recognized Assemblyman Roy Ashburn. Assemblyman Ashburn addressed the issue of the State budget specifically relating to ERAF and the return of property tax to local government. He further encouraged elected representatives throughout the state to collectively pursue the legislature's redirection of budget surplus funds back to cities, counties, and special districts.



Referred to the County Administrative Office to prepare immediate correspondence, collectively with local elected officials, urging serious reconsideration of the return of property tax revenues to local government.



BOARD ACTION SHOWN IN CAPS

RESOLUTIONS/PROCLAMATIONS
Pa-Pz

All Ayes

1) Proclamation proclaiming June 12, 1999 as Good Samaritan Hospital Safe Summer Day - PROCLAIMED; MADE PRESENTATION TO BOB ORR, GOOD SAMARITAN HOSPITAL; BOB ORR HEARD
PUBLIC PRESENTATIONS
2) This portion of the meeting is reserved for persons to address the Board on any matter not on this agenda but under the jurisdiction of the Board. Board members may respond briefly to statements made or questions posed. They may ask a question for clarification, make a referral to staff for factual information or request staff to report back to the Board at a later meeting. Also, the Board may take action to direct the staff to place a matter of business on a future agenda. SPEAKERS ARE LIMITED TO TWO MINUTES. PLEASE STATE YOUR NAME BEFORE MAKING YOUR PRESENTATION. THANK YOU! - STEVE McCALLEY, DIRECTOR, ENVIRONMENTAL HEALTH SERVICES, INTRODUCED MIKE ELLISON, THE NEW ANIMAL CONTROL SERVICES MANAGER; MIKE ELLISON HEARD
BOARD MEMBER ANNOUNCEMENTS OR REPORTS
3) On their own initiative, Board members may make an announcement or a report on their own activities. They may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda (Gov. Code Sec. 54954.2[a]) - CHAIRMAN McQUISTON INTRODUCED HIS SON JONATHAN, WHO WAS ATTENDING THE MEETING



SUPERVISOR PATRICK REPORTED ON A MEETING OF THE SAN JOAQUIN VALLEY SUPERVISORS ASSOCIATION HELD IN FRESNO WHICH SHE ATTENDED WITH SUPERVISOR PARRA RELATING TO ECONOMIC DEVELOPMENT ISSUES. THE PURPOSE WAS TO COORDINATE CENTRAL VALLEY RESOURCES, DEVELOP CONSENSUS WITH OTHER OFFICIALS IN THE VALLEY, AND COMMUNICATE WITH STATE AND FEDERAL LEGISLATORS ON ISSUES AFFECTING COUNTIES.



SUPERVISOR PARRA ALSO COMMENTED ON THE OUTCOME OF THE MEETING AND THE SIGNIFICANCE OF UNITY THROUGHOUT THE VALLEY.

DEPARTMENTAL REQUESTS



AUDITOR-CONTROLLER-COUNTY CLERK

Pa-Pr

All Ayes

*4) Temporary Transfer of Funds to meet County cash flow requirements - ADOPTED RESOLUTIONS 99-150 AND 99-151 AUTHORIZING COUNTY TREASURER TO EFFECT TEMPORARY TRANSFER OF FUNDS ON OR AFTER JULY, 1999 TO COUNTY GENERAL FUND IN THE AMOUNT OF $200,000,000 AND THE COUNTY FIRE FUND IN THE AMOUNT OF $21,000,000
Pa-Pr

All Ayes

*5) Order of Election requested by Kern County Superintendent of Schools for Transfer of Territory from El Tejon Unified School District to General Shafter School District and Kern High School District - AUTHORIZED ELECTIONS DIVISION TO RENDER CERTAIN ELECTION SERVICES FOR THEIR SPECIAL ELECTION AND TO CONSOLIDATE WITH ANY OTHER ELECTION WITHIN THIS DISTRICT TO BE HELD ON NOVEMBER 2, 1999
BOARD OF TRADE
Pa-Pr

All Ayes

*6) Unusual travel request for Aimee Barajas to represent the Board of Trade at Cineposium '99 to be held in London, England, July 15 through 21, 1999, in an amount not to exceed $2,360.70 - APPROVED
COUNTY ADMINISTRATIVE OFFICE
Pa-Pr

All Ayes

*7) Proposed revisions to Chapter 2.100 of the Kern County Ordinance Code concerning Kern County Children and Families First Commission - WAIVED READING; INTRODUCED PROPOSED AMENDMENTS TO ORDINANCE
Pz-Pe

All Ayes

8) Proposed adjustment in salary range of Coroner Division Chief position from range 57.8 to range 59.4 (from 5/25/99) - APPROVED; REFERRED TO SHERIFF TO DEVELOP A PROPOSED RESTRUCTURING OF THE CORONER'S DIVISION AND REPORT BACK TO THE BOARD IN TWO WEEKS; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE
9) Proposed Implementation Plan for Economic Development Strategy - CHRIS STEWARD, PRESIDENT, KERN ECONOMIC DEVELOPMENT CORPORATION (KEDC); MARY JANE WILSON, CHAIRMAN, KEDC BOARD OF DIRECTORS; DWIGHT ENSOR, SOUTHERN CALIFORNIA GAS COMPANY; ANN GUTCHER, MANAGER, KERN COUNTY BOARD OF TRADE; JESS FREDERICK, HEARD
Pz-Pr

All Ayes

DIRECTED CAO TO ASSIST IN FORMATION OF A COORDINATING WORKING GROUP TO ASSIST IN AND SUPPORT ECONOMIC DEVELOPMENT ACTIVITIES
Pa-Pe

All Ayes

APPROVED ADDITION OF ONE ADMINISTRATIVE ANALYST I/II/III POSITION (NO GENERAL FUND COST) TO CAO BUDGET UNIT 1020; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE; REFERRED TO CAO'S OFFICE TO PROVIDE QUARTERLY PROGRESS REPORTS ON IMPLEMENTATION EFFORTS
Pz-Pa

All Ayes

DESIGNATED KERN ECONOMIC DEVELOPMENT CORPORATION AS LEAD AGENCY FOR COUNTYWIDE ECONOMIC DEVELOPMENT ACTIVITIES TO INCLUDE BUSINESS RETENTION, EXPANSION, AND RECRUITMENT, INCLUDING ASSISTANCE TO SMALL BUSINESS
Pe-Pr

2 Ayes

3 Noes/

Pa-Pz-Mc

Motion to approve appointment of the Chairman and Vice Chairman to the KEDC Board of Directors and three (3) at-large appointments for one year terms on a rotational basis by the remaining supervisorial districts - MOTION FAILED DUE TO LACK OF A MAJORITY VOTE
Pa-Pz

All Ayes

APPROVED APPOINTMENT OF THE CHAIRMAN AND VICE CHAIRMAN TO THE KEDC BOARD OF DIRECTORS SUBJECT TO AMENDMENT OF KEDC BYLAWS; APPROVED ONE (1) APPOINTMENT BY EACH SUPERVISOR TO ONE (1) OF THE BUSINESS CLUSTER TASK FORCES; REFERRED TO CAO TO COMMUNICATE TO KEDC THE BOARD'S CONCERN REGARDING ACHIEVEMENT OF GEOGRAPHIC BALANCE ON THE KEDC BOARD AND REPORT BACK ON THE PROGRESS VIA THE QUARTERLY REPORT
Pa-Pz

All Ayes

DESIGNATED THE KERN COUNTY BOARD OF TRADE AS THE LEAD AGENCY IN THE PROMOTION OF KERN COUNTY'S FILM AND TOURISM INDUSTRIES
(Continued on Next Page)



(Continued from Previous Page)
Pr-Pe

3 Ayes

2 Noes/

Pa-Pz



Pr-Pe

4 Ayes

1 No/Pa





Pa-Pz

4 Ayes

1 No/Pe







Pr-Pz

All Ayes

APPROVED RENAMING OF BOARD OF TRADE TO THE KERN COUNTY CHAMBER OF COMMERCE AND DIRECTED CAO, COUNTY COUNSEL AND BOARD OF TRADE TO MAKE NECESSARY PREPARATIONS TO ACCOMPLISH THE RENAMING WITHIN 180 DAYS



APPROVED RENAMING OF KERN COUNTY BOARD OF TRADE ADVISORY BODY TO THE KERN COUNTY CHAMBER OF COMMERCE ADVISORY BOARD AND DIRECTED CAO, COUNTY COUNSEL, AND BOARD OF TRADE TO ACCOMPLISH THE RENAMING WITHIN 180 DAYS



TRANSFERRED OVERSIGHT OF COUNCIL ON COMPETITIVENESS TO THE KERN ECONOMIC DEVELOPMENT CORPORATION AND DIRECTED CAO TO DEVELOP RECOMMENDATIONS FOR COUNCIL ON COMPETITIVENESS MEMBERSHIP REQUIREMENTS WHICH ARE CONSISTENT WITH THE IMPLEMENTATION PLAN



REFERRED TO THE CAO TO EXPLORE ADJUSTMENTS IN THE COUNTY'S ECONOMIC INCENTIVE POLICY FOR REPORT BACK TO THE BOARD

Pr-Pe

All Ayes

REFERRED TO THE COUNTY ADMINISTRATIVE OFFICE TO WORK WITH KEDC TO IDENTIFY THE IMPACT OF FUTURE ECONOMIC DEVELOPMENT ISSUES ON THE CITY'S REDEVELOPMENT DISTRICTS SPECIFICALLY IN UNINCORPORATED AREAS
Legislative Matters
Pa-Pr

All Ayes

*10) SB 3: California Library Construction and Renovation Bond Act of 2000 - ADOPTED POSITION OF SUPPORT; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE
COUNTY ADMINISTRATIVE OFFICE

General Services Division



S.D. #1

Pa-Pr

All Ayes

*11) (2210.7001M)Accept bid from JTS Construction, in the amount of $271,875, to replace kitchen flooring in the Sheriff's Lerdo Facility - ACCEPTED; AUTHORIZED GENERAL SERVICES TO RELEASE ALL OTHER BID GUARANTEES AND TO PREPARE CONTRACT DOCUMENTS
Pa-Pr

All Ayes

*12) (2210.7001N)Plans and Specifications for Sheriff's Lerdo Facility Kitchen Stainless Steel Wall Cladding - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301(a); AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTION; APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED GENERAL SERVICES TO PUBLISH PURSUANT TO PUBLIC CONTRACT CODE SECTION 20125; BID OPENING IS SCHEDULED FOR THURSDAY, JUNE 24, 1999 AT 11 A.M.
S.D. #2
Pa-Pr

All Ayes

*13) Proposed purchase of 10.37 acres of the former Mojave Burn Dump site from Mojave Public Utility District to manage remediation - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15061(b)(3); DIRECTED CLERK OF THE BOARD TO COMPLETE AND FILE NOTICE OF EXEMPTION; APPROVED; ADOPTED RESOLUTION 99-152; ACCEPTED GRANT DEED AND AUTHORIZED CHAIRMAN TO SIGN ESCROW INSTRUCTIONS; AUTHORIZED AUDITOR-CONTROLLER TO ISSUE A WARRANT IN THE AMOUNT OF $18,695 PAYABLE TO COMMONWEALTH LAND TITLE COMPANY
All S.D.'s
Pa-Pr

All Ayes

*14) Report on removal of County identification from cable television subscriber billings and determination of computation of cable television provider gross revenues - AUTHORIZED REMOVAL OF COUNTY IDENTIFICATION FROM CABLE COMPANY BILLS; RECEIVED AND FILED
COUNTY ADMINISTRATIVE OFFICE

Information Technology Services

Pa-Pr

All Ayes

*15) Proposed Agreement with Brenda D. Greenwood for contract analysis, design, and programming support services for the Payroll System Year 2000 Compliance Project, in an amount not to exceed $50,000, for a one-year term, effective July 1,1999 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 341-99
Pa-Pr

All Ayes

*16) Proposed Agreement with Mora Tang for contract analysis and programming support services to upgrade the Kern Integrated Property System (KIPS), in an amount not to exceed $65,000, for a one-year term, effective July 1, 1999 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 342-99
Pa-Pr

All Ayes

*17) Proposed Resolution granting Golden Handshake retirement for one System Programmer I/II effective July 17, 1999, and proposed deletion of one System Programmer I/II position, effective July 17, 1999 - APPROVED; ADOPTED RESOLUTION 99-153; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE
Pa-Pr

All Ayes

*18) Request to appropriate unanticipated revenue in the amount of $381,637 to Appropriations for Contingencies from reimbursements of ITS services and a request for budget transfer from Appropriations for Contingencies to Information Technology Services, Budget Unit 1160, in the amount of $381,637 - APPROVED
COUNTY COUNSEL
Pa-Pr

All Ayes

*19) Proposed Resolution providing for the Authorization, Issuance and Sale of Tehachapi Unified School District (Kern County, California) 1999 Election General Obligation Bonds, Series A, in the principal amount not to exceed $8,000,000 and providing authorization to the County Treasurer-Tax Collector to execute the contract of purchase relating thereto - ADOPTED RESOLUTION 99-154
DISTRICT ATTORNEY
Pa-Pr

All Ayes

*20) Proposed Amendment to Agreement with Synergy Consulting Inc., for programming services in KIDZ project, to increase compensation ceiling to $260,000, an increase of $170,000, for Fiscal Year 1998-99 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 343-99
WITH-

DRAWN

*21) Request for sole source procurement of Family Support Front End Application Module and Custom Changes per Design Document from Data Image Solutions Corporation, in an amount not to exceed $53,625 -
Pa-Pr

All Ayes

*22) Proposed Resolution to apply for continued funding for Kern Anti-Drug Abuse Program from Office of Criminal Justice Planning, for the period July 1, 1999 through June 30, 2000 - APPROVED; ADOPTED RESOLUTION 99-155
EMPLOYERS' TRAINING RESOURCE
Pa-Pr

All Ayes

*23) Proposed retroactive Agreement with Proteus, Inc., to provide work experience activities in Kern County to individuals eligible under Welfare-to-Work, in an amount not to exceed $62,250 for the term March 1, 1999 through June 30, 1999 (prior notification on February 23, 1999) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 344-99
FIRE DEPARTMENT
Pa-Pr

All Ayes

*24) Appropriation of Unanticipated Revenue, Fleet Management Services, Fiscal Impact: $60,827 - RECOGNIZED UNANTICIPATED REVENUE IN THE AMOUNT OF $60,827 IN BUDGET UNIT #2415, REVENUE KEY 5328; APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $60,827 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED TRANSFER OF $60,827 FROM APPROPRIATIONS FOR CONTINGENCIES TO BUDGET UNIT #2415
Hearing
Pa-Pr

All Ayes

*25) Protest hearing regarding bills to property owners for Hazard Reduction/Weed Abatement Program Costs - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; AFFIRMED ALL OF THE COST BILLINGS; DIRECTED FIRE DEPARTMENT TO PURSUE ALL AVENUES AVAILABLE TO SECURE PAYMENT OF EACH BILL UNPAID AS OF AUGUST 5, 1999
HUMAN SERVICES
Pa-Pr

All Ayes

*26) Proposed approval of the Kern County Child Care Council's Development Planning Budget for Fiscal Year 1999/2000 and Agreement with Community Connection for Child Care Foundation, for the provision of County funding for Kern County Child Care Council, in an amount not to exceed $4,380 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 345-99
Pa-Pr

All Ayes

*27) Proposed Agreement for use of facilities of the Kern County Superintendent of Schools for the first Annual Independent Living Skills Program Retreat at Camp KEEP Sierra, in an amount not to exceed $5,015, State and Federal funds (no County cost) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 346-99
Pa-Pr All Ayes *28) Report on Statewide Fingerprint Imaging System (SFIS) - RECEIVED AND FILED
Pa-Pr

All Ayes

*29) Appropriation of unanticipated revenue in the amount of $11,000,000 in Human Services-Direct Aid budget, Budget Unit 5220, Fund 00140, to cover projected expenditure requirements for remainder of Fiscal Year 1998-99 - APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $11,000,000 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER FROM APPROPRIATIONS FOR CONTINGENCIES TO HUMAN SERVICES' BUDGET UNIT 5220 IN THE AMOUNT OF $11,000,000
KERN MEDICAL CENTER
Pa-Pr

All Ayes

*30) Proposed Amendment No. 20 to Medi-Cal Contract with State of California, for Hospital Inpatient Services (Graduate Medical Education-GME) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 347-99
Pa-Pr

All Ayes

*31) Unusual travel request for James Norton, Director of Outpatient Care Operations, to attend the Practicing Law Institute's Health Care Fraud & Abuse seminar in Washington, D.C., from June 16-20, 1999, in an amount not to exceed $2,773 - APPROVED
PARKS AND RECREATION DEPARTMENT
Pa-Pr

All Ayes

*32) Proposed Agreements with California Department of Boating and Waterways for Boating Safety Enforcement Grants, Equipment and Operation (Contracts #98-204-162 AND #98-204-163), No Fiscal Impact - APPROVED; ADOPTED RESOLUTIONS 99-156 AND 99-157; AUTHORIZED CHAIRMAN TO SIGN AGREEMENTS 348-99 AND 349-99; IDENTIFIED ROBERT D. ADDISON, DIRECTOR OF PARKS AND RECREATION DEPARTMENT, AS AGENT OF THE COUNTY FOR THE PURPOSE OF THESE CONTRACTS
Pa-Pr

All Ayes

*33) Proposed addition of one (1) Account Clerk II position and deletion of one (1) Account III position, effective June 19, 1999; No Fiscal Impact - APPROVED; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE
WEIGHTS AND MEASURES
Pa-Pr

All Ayes

*34) Request to hire retired County employee Socorro Cervantes as Weights and Measures Inspector II, Range 48.6, Step A ($14.834 per hour), on an extra-help basis for a period not to exceed 120 working days or 960 hours, whichever is greater, effective July 1, 1999 - APPROVED
CLOSED SESSIONS



COUNTY COUNSEL

Pa-Pr

All Ayes

35) Request for Closed Session regarding significant exposure to litigation against the County (one case) (Government Code Section 54956.9 (b)(1)(3)(A)) - CONTINUED TO TUESDAY, JUNE 8, 1999, AT 2:00 P.M., ITEM #29
Pa-Pr

All Ayes

36) Request for Closed Session regarding a lawsuit entitled KLEA et al. v. Board of Retirement (Kern County Superior Court Case No. 236460 NFT), an action included in the Coordination Proceeding entitled Retirement Cases (Judicial Council Coordination Proceeding No. 4049) (Government Code Section 54956.9(a)) - CONTINUED TO TUESDAY, JUNE 8, 1999, AT 2:00 P.M., ITEM #30
Pe-Pz 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, June 8, 1999



2:00 P.M.



BOARD RECONVENED

Supervisors: McQuiston, Perez, Patrick, Peterson, Parra

ROLL CALL: All Present





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





BOARD ACTION SHOWN IN CAPS



PUBLIC PRESENTATIONS
1) This portion of the meeting is reserved for persons to address the Board on any matter not on this agenda but under the jurisdiction of the Board. Board members may respond briefly to statements made or questions posed. They may ask a question for clarification, make a referral to staff for factual information or request staff to report back to the Board at a later meeting. Also, the Board may take action to direct the staff to place a matter of business on a future agenda. SPEAKERS ARE LIMITED TO TWO MINUTES. PLEASE STATE YOUR NAME BEFORE MAKING YOUR PRESENTATION. THANK YOU! - NO ONE HEARD


BOARD MEMBER ANNOUNCEMENTS OR REPORTS
2) On their own initiative, Board members may make an announcement or a report on their own activities. They may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda (Gov. Code Sec. 54954.2[a]) - NO ONE HEARD

NOTE: ITEM NO. 18 WAS HEARD OUT OF ORDER PRIOR TO AGENDA ITEM NO. 3

RESOURCE MANAGEMENT AGENCY

Planning Department

HEARINGS
Pa-Pe

All Ayes

*3) Request from Donald Martin by Brett Dawson to remove 2-1/2 acres of a 160-acre parcel from a Williamson Act Land Use Contract and to further restrict the uses on the resulting 17-1/2-acre parcel remaining under Williamson Act Contract, located on the west side of Pine Mountain Road, three miles south of Granite Road, Granite Station area (SD1)

Specific Request:

Cancellation of a 2-1/2-acre portion of an approximate 160-acre parcel of a Land Use Contract and approval of a Contract Amending Land Use Contract on 17-1/2 acres (Cancellation #99-2, Map #60)

(General Rule, Section 15061(b)(3); Published Bakersfield Californian) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; ADOPTED RESOLUTION 99-158 APPROVING CANCELLATION SUBJECT TO PAYMENT OF PENALTY FEE; DIRECTED CLERK OF THE BOARD TO RECORD CONTRACT AMENDING LAND USE CONTRACT; DIRECTED 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

Pr-Pz

All Ayes

4) Appeal by Michael Davis from the April 22, 1999, decision of the Planning Commission disapproving his request for a conditional use permit to allow a mortuary in a Limited Agriculture District on approximately 5 acres located at 24 Sterling Road, east Bakersfield (SD5)

Specific Request:

An appeal of the decision of the Planning Commission for the disapproval of CUP #64, Map #103-35 to allow a mortuary in an A-1 District (Appeal #4, Map #103-35) (Negative Declaration; Published Bakersfield Californian) - OPENED HEARING; DR. MICHAEL DAVIS, BRENDA HARRIS, JERRY PARKS, AND ROBERT OWEN HEARD IN SUPPORT OF PROJECT; DOLORES RAMIREZ, RAY STRANBERG, MARY LEAL, ABEL MENDOZA, FRANK MACEDO, AND GINA SHIELDS HEARD IN OPPOSITION TO PROJECT; CLOSED HEARING; ADOPTED RESOLUTION 99-159 DENYING APPEAL AND AFFIRMING THE DECISION OF THE PLANNING COMMISSION

DEPARTMENTAL REQUESTS
RESOURCES MANAGEMENT AGENCY

Planning Department

Land Use
S.D. #2
Pa-Pe

All Ayes

*5) Determination of Compatibility - Mining on Contracted Land, Granite Construction - MADE DETERMINATION THE PROPOSED MINE EXPANSION IS COMPATIBLE WITH THE WILLIAMSON ACT PROGRAM AND WITH THE PROVISIONS OF SECTION 51238.1 OF THE STATE GOVERNMENT CODE, BASED ON THE FACTS SET FORTH IN PLANNING DEPARTMENT REPORT, WHICH ARE HEREBY FOUND TO BE TRUE AND CORRECT

Miscellaneous
S.D. #4
Pa-Pe

All Ayes

*6) Request by 5 Sites, Inc., for Determination of Public Convenience for the issuance of an off-sale beer and wine license at site located 400 feet east of Lebec Road at Frazier Mountain Park Road, Lebec, pursuant to the Alcohol Beverage Control Act, Section 23958 of the Business and Professions Code - APPROVED; ADOPTED RESOLUTION 99-160

S. D. #4
Pa-Pe

All Ayes

*7) San Joaquin Valley Unified Air Pollution Control District Authority to Construct for Waste Management Unit 35 for the Safety-Kleen (Buttonwillow), Inc., hazardous waste disposal facility - RECEIVED AND FILED; MADE DETERMINATION THERE IS NO NEED TO TAKE ACTION ON SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT'S AUTHORITY TO CONSTRUCT FOR THE SAFETY-KLEEN (BUTTONWILLOW) FACILITY

RESOURCE MANAGEMENT AGENCY
All S.D.'s
Pa-Pe

All Ayes

*8) Biosolids Ordinance Development Status Report - RECEIVED AND FILED

RESOURCE MANAGEMENT AGENCY

Community Development Program

S.D. #1
Pa-Pe

All Ayes

*9) Request for Environmental Clearance Certification and Request for Release of Funds (RROF) for the Inyokern Town Hall Rehabilitation Improvements Activity, Inyokern, CA - APPROVED CATEGORICAL EXCLUSION FOR INYOKERN TOWN HALL REHABILITATION IMPROVEMENTS ACTIVITY PURSUANT TO HUD REGULATIONS AT 24 CFR, PART 58, SECTION 58.35; AUTHORIZED CHAIRMAN TO SIGN RROF AND CERTIFICATION; AUTHORIZED CDPD DIRECTOR TO SUBMIT RROF AND CERTIFICATION TO HUD

Pa-Pe

All Ayes

*10) Request for Environmental Clearance Certification and Request for Release of Funds (RROF) for the Delano Child Development Center (Multi-Phase/Phase I, Design), Delano, CA - APPROVED FINDING OF NO SIGNIFICANT IMPACT (FONSI) PURSUANT TO NEPA AND HUD REGULATIONS; CERTIFIED MITIGATED NEGATIVE DECLARATION PURSUANT TO CEQA GUIDELINES; AUTHORIZED CLERK OF THE BOARD TO FILE NOTICE OF DETERMINATION FOR MULTI-PHASE PROJECT PURSUANT TO CEQA GUIDELINES; AUTHORIZED CHAIRMAN TO SIGN RROF AND CERTIFICATION; AUTHORIZED CDPD DIRECTOR TO SUBMIT RROF AND CERTIFICATION TO HUD

S.D. #5
Pa-Pe

All Ayes

*11) Proposed Agreement with the Bakersfield Senior Center to provide CDBG funding for design and construction of improvements to facilitate full operation of facility programs and services, in an amount not to exceed $121,630 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 350-99; AUTHORIZED CDPD DIRECTOR TO TRANSMIT AGREEMENTS TO BAKERSFIELD SENIOR CENTER

Pa-Pe

All Ayes

*12) Proposed Agreement with Bear Mountain Recreation and Park District to provide CDBG funding for design and construction of improvements to two public swimming pools owned and operated by the Bear Mountain Recreation and Park District, in an amount not to exceed $37,400 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 351-99; AUTHORIZED CDPD DIRECTOR TO TRANSMIT EXECUTED AGREEMENTS TO BEAR MOUNTAIN RECREATION AND PARK DISTRICT

RESOURCE MANAGEMENT AGENCY

Engineering and Survey Services

S.D. #1
Pa-Pe

All Ayes

*13) Tract No. 5772, Phase 2 on the north side of Universe Avenue between North Chester Avenue and McCray Street, North Bakersfield Area; Type "A" Subdivision; DeWalt Corporation for the DeWalt Group, Inc. - CONTINUED TO TUESDAY, JUNE 29, 1999, AT 2:00 P.M.

All S.D.'s
Pa-Pe

All Ayes

*14) Proposed Agreement with John Q. Forestelle, Structural Engineer, for structural plan review services in the Building Inspection Division, in an amount not to exceed $200,000 annually, term to expire January 1, 2004 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 352-99

Pa-Pe

All Ayes

*15) Proposed License and Maintenance Agreements with Sierra Computer Systems, Inc., for software and services to be used for the building permit processing system, in amounts not to exceed $149,385.22 and $11,698.33, respectively - APPROVED; AUTHORIZE CHAIRMAN TO SIGN AGREEMENTS 353-99 AND 354-99

RESOURCE MANAGEMENT AGENCY

Roads Department

All S.D.'s
Pa-Pe

All Ayes

*16) Proposed Contract with Ryder/ATE, Inc., for the operation of Kern Regional Transit, in an amount not to exceed $1,738,500, annually, from July 1, 1999, to June 30, 2004 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 355-99

S.D. #2
Pa-Pe

All Ayes

*17) Proposed Contract No. 99013 with Winkenbach Construction for construction on Adobe Road from Sandrini Road to 3.83 miles north, in an amount not to exceed $142,683 - APPROVED; AUTHORIZE CHAIRMAN TO SIGN AGREEMENT 356-99

Pz-Pr

All Ayes

18) Contract No. 99041, Plans, Specifications, and Notice to Contractors for construction on Caliente Creek Road between 6.3 miles and 11.2 miles east of Caliente-Bodfish Road - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTIONS 15301(c) AND 15302; AUTHORIZED ROADS TO FILE NOTICE OF EXEMPTION; APPROVED PLANS AND SPECIFICATIONS; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED ROADS TO PUBLISH PURSUANT TO SECTION 20392 OF PUBLIC CONTRACTS CODE; BID OPENING DATE TO BE WEDNESDAY, JULY 7, 1999, AT 11:00 A.M.

S.D. #5
Pa-Pe

All Ayes

*19) Contract No. 99020, Notice of Completion for construction on various roads in the Lamont Area - RECEIVED AND FILED

S.D.'s #1 & #2
Pa-Pe

All Ayes

*20) Contract No. 99030, Plans, Specifications, and Notice to Contractors for construction of Flood Damage Repair on Abbott Drive (M597X) and Redrock-Randsburg Road (S671X) ER 3658(008) - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTIONS 15301(c) AND 15302; AUTHORIZED ROADS TO FILE NOTICE OF EXEMPTION; APPROVED PLANS AND SPECIFICATIONS; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED ROADS TO PUBLISH PURSUANT TO SECTION 20392 OF PUBLIC CONTRACTS CODE; BID OPENING DATE TO BE WEDNESDAY, JULY 7, 1999, 11:00 A.M.

S.D.'s #2 & #5
Pa-Pe

All Ayes

*21) Contract No. 99016, Notice of Completion for construction on Towerline Road and Rockpile Road - RECEIVED AND FILED

S.D.'s #1, #2, & #5
Pa-Pe

All Ayes

*22) Contract No. 99025, Notice of Completion for construction of Asphalt Concrete (Stockpile) at various locations in East Kern County - RECEIVED AND FILED
WASTE MANAGEMENT
All S.D.'s
Pa-Pe

All Ayes

*23) Report regarding collection of delinquent bin fees on the Property Tax Roll - RECEIVED AND FILED; SET PUBLIC HEARING FOR TUESDAY, JULY 13, 1999, AT 2:00 P.M.; INSTRUCTED CLERK OF THE BOARD TO PUBLISH NOTICE OF FILING OF REPORT AND HEARING; DIRECTED WASTE MANAGEMENT TO CAUSE WRITTEN NOTICE OF FILING OF REPORT AND HEARING TO BE MAILED TO EACH PERSON OWNING A PARCEL DESCRIBED IN REPORT

MATTERS FOR EXECUTIVE APPROVAL
Pa-Pe

All Ayes

*24) Budget Transfers - APPROVED #239 THROUGH #245
Pa-Pe

All Ayes

*25) Minutes for week of May 10, 1999 - APPROVED WITH CORRECTIONS TO TUESDAY, MAY 11, 1999, 9:00 A.M., ITEM NO. 34 TO AMEND RESOLUTION NUMBER FROM "123-99" TO "99-123"; AND ITEM NO. 42 TO CHANGE THE NAME "SINOLOA" TO "SONORA"

Pa-Pe

All Ayes

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

All Ayes

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

Pa-Pe

All Ayes

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

CLOSED SESSION

COUNTY COUNSEL

Pa-Pz

4 Ayes

1 Ab/Pr

29) Request for Closed Session regarding significant exposure to litigation against the County (one case) (Government Code Section 54956.9 (b)(1)(3)(A)) (from 06/08/99 a.m., Item No. 35) -
Pa-Pz

4 Ayes

1 Ab/Pr

30) Request for Closed Session regarding a lawsuit entitled KLEA et al. v. Board of Retirement (Kern County Superior Court Case No. 236460 NFT), an action included in the Coordination Proceeding entitled Retirement Cases (Judicial Council Coordination Proceeding No. 4049) (Government Code Section 54956.9(a)) (from 06/08/99 a.m., Item No. 36) -



Pz-Pe


RECONVENED AND ADJOURNED TO TUESDAY, JUNE 15, 1999, AT 9:00 A.M.





_______________________________

Clerk of the Board





_______________________________

Chairman, Board of Supervisors

26) Miscellaneous Letters and Documents - FILED
Environmental Health Services
A) Thank you letter to California Livestock Supply re donation to Mojave and Bakersfield animal shelters (Copies to each Supervisor and CAO)
B) Thank you letter to Tehachapi Humane Society re donation to Bakersfield animal shelter (Copies to each Supervisor and CAO)
C) Thank you letter to Ganong & Kleier Law Offices re donation to Bakersfield and Mojave animal shelters (Copies to each Supervisor and CAO)
Kern Medical Center
D) Thank you letter to Toys R Us re donation to KMC Pediatric Unit (Copies to each Supervisor and CAO)
Local Agency Formation Commission
E) Proceeding No. 1260, re Lamont Public Utility District, Annexation No. 23 (Copies to each Supervisor and CAO)
Miscellaneous
F) Letters from various individuals re banning the application of sewage sludge (Copies to each Supervisor, CAO, RMA, Environmental Health and County Counsel)
G) Letter from Los Angeles Board of Supervisors re return of local property tax (Copies to each Supervisor and CAO)
H) Letter from Ozone Research Group, Inc., re causes of the smog problem (Copies to each Supervisor and CAO)
I) Letter from Harper & Shell re Draft Biosolids Ordinance (Copies to each Supervisor, CAO, RMA, Environmental Health and County Counsel)
J) Letter from Calfed Bay-Delta Program re ecosystem restoration projects (Copies to each Supervisor, CAO and Planning)
K) Letter from Governor Gray Davis re fuel additive Methyl Tertiary Butyl Ether (MTBE) (Copies to each Supervisor, CAO, Environmental Health and County Counsel)
L) Letter from Kern County Human Relations Commission re resignation of Angel Sumaya (Copies to each Supervisor and CAO)
M) Agenda of meeting from Kern County Child Care Council on Wednesday, June 2, 1999 (Copies to each Supervisor and CAO)
N) Agenda of meeting from City of Bakersfield Planning Commission on Thursday, June 3, 1999 (Copies to each Supervisor and CAO)
O) Agenda of meeting from Office of Criminal Justice Planning on Thursday, June 3, 1999 (Copies to each Supervisor and CAO)
P) California State Association of Counties (CSAC) Legislative Bulletin (Copies to each Supervisor and CAO)
Q) Board of Corrections Challenge Grant II Informational Bulletin #99-5 (Copies to each Supervisor, CAO and Probation)
R) 1998 Annual Air Toxics Report from San Joaquin Valley Air Pollution Control District (Copies to each Supervisor, CAO, RMA, Environmental Health and Public Health)
S) Notice of Preparation of Draft Environmental Impact Report from Castaic Lake Water Agency (Copies to each Supervisor, CAO, Planning, and County Counsel)
T) News Release (MP-99-30) from U.S. Department of Interior re Reclamation and Contra Costa Water District to Negotiate Amendment to Water Service Contract (Copies to each Supervisor and CAO)
27) Miscellaneous Departmental Referrals by Clerk of the Board - APPROVED AND FILED
A) Applications for alcohol beverage licenses: South Fork Inn, 20700 South St., Tehachapi; Cuarto Vientos, 4236 Cannon St., Bakersfield - REFERRED TO PLANNING (Copies to each Supervisor and CAO)
B) Letter from Eastern Kern County Resource Conservation District re an allocation of unanticipated revenue to assist ESS in installation of crest stage gauges in Indian Wells Valley - REFERRED TO ENGINEERING & SURVEY SERVICES (Copies to each Supervisor and CAO)
C) Letter from Grand Jury re SB 1313 Brulte and encouraging establishment of privately operated correctional institutions within Kern County - REFERRED TO COUNTY COUNSEL (Copies to each Supervisor and CAO)
28) Claims and Lawsuits Filed with and Referred by Clerk of the Board - APPROVED AND FILED
A) Claim in the matter of Roy and Betty Cross vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
B) Claim in the matter of Shara Lee Dunlap vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
C) Claim in the matter of John Hooper vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)