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SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Monday, August 31, 1998 | ||
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2:00 P.M. | ||
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BOARD RECONVENED Supervisors: McQuiston, Perez, Patrick, Peterson, Parra ROLL CALL: All Present SALUTE TO FLAG - Led by Supervisor Patrick NOTE: Mc, Pz, Pa, Pe, Pr are abbreviations for Supervisors McQuiston, Perez, Patrick, Peterson, and Parra, respectively. For example, Pa-Pe denotes Supervisor Patrick made the motion and Supervisor Peterson seconded it. The abbreviation (Ab) means absent, and (Abd) abstained. CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: ALL ITEMS LISTED WITH AN ASTERISK (*) OR A NUMBER SIGN (#) WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION. BOARD ACTION SHOWN IN CAPS | ||
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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 | |
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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 | |
RESOURCE MANAGEMENT AGENCY Community Development Program Department All S.D.'s | ||
| Pa-Pz
All Ayes |
*3) | Hearing to Review the County of Kern's Performance During Implementation of the Federal Community Development Block Grant (CDBG) Program, the HOME Investment Partnerships (HOME) Program, and the Emergency Shelter Grant (ESG) Program during FY 1997-98; and to Review and Approve the County's Consolidated Annual Performance and Evaluation Report (CAPER) for FY 1997-98 - FUNDING: No Fiscal Impact; $10,298,783 in CDBG, HOME, ESG Grant and Program Income Funds Received During FY 1997-98 - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; FORMALLY RECOGNIZED THE HUD-REQUIRED FORM 4949.1 CERTIFICATIONS; APPROVED THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT DOCUMENT, INCLUDING DOCUMENTATION OF ANY PUBLIC COMMENT; AUTHORIZED CHAIRMAN TO SIGN FORM 4949.1; AUTHORIZED COMMUNITY DEVELOPMENT PROGRAM DEPARTMENT TO SUBMIT THE COMPLETED DOCUMENT TO HUD |
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RESOURCE MANAGEMENT AGENCY Planning Department | ||
| Mc-Pe
4 Ayes 1 No/Pz |
4) | Request from Paul DeMarais to overturn the decision of
the Board of Zoning Adjustment which would allow a
rehabilitation facility in a Commercial Office District
located on approximately five acres at 2525 North Chester
Avenue, Oildale. (SD 1)
Specific Request: An appeal of the decision of the Board of Zoning Adjustment to allow a rehabilitation facility in a CO District (Appeal #1, Map #102-1) (Categorically Exempt, Section 15301; Published Bakersfield Californian) - (Tape 1845) OPENED HEARING; RICK ROSS, TURNING POINT FOUNDATION, HEARD IN SUPPORT OF THE RECOMMENDATION; PAUL DEMARAIS; ELAINE PERKINS; ELENA WOOD; DAWN WOLTZ; DEVIN WOOD; MIKE OSCARS; DONALD GAGE; DAVE BULLOCK; SUSAN ASCHE; RUTH GELMAN; AND DALE DWIGHT HEARD IN OPPOSITION TO RECOMMENDATION; DIANE KODITEK, KERN COUNTY MENTAL HEALTH DEPARTMENT; AND TERRY ROBINSON, KERN COUNTY MENTAL HEALTH DEPARTMENT, HEARD; CLOSED HEARING; RECEIVED AND FILED DOCUMENTS; ADOPTED RESOLUTION 98-269 SUSTAINING APPEAL AND DISAPPROVING REQUESTED CONDITIONAL USE PERMIT |
| Pa-Pz
All Ayes |
*5) | Request from Kimber Partners by Martin-McIntosh to change
the permitted uses from Limited Agriculture to Light
Industrial on 2.3 acres located on the north side of
Kimber Avenue, east of Weedpatch Highway, East
Bakersfield area. (SD 5)
Specific Request: A change in zone classification from A-1 to M-1 or a more restrictive district (ZCC #31, Map #125-6) (Negative Declaration; Published Bakersfield Californian) - (Tape 1845) OPENED HEARING; NO ONE HEARD; CLOSED HEARING; ADOPTED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTION 98-270 AND ENACTED ORDINANCE G-6529 APPROVING THE ZONE CHANGE TO THE MORE RESTRICTIVE M-1 PD (LIGHT INDUSTRIAL - PRECISE DEVELOPMENT COMBINING) DISTRICT |
RESOURCE MANAGEMENT AGENCY Planning Department | ||
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Pa-Pz All Ayes |
*6) |
Land Use
All S.D.'s Proposed Revisions to Chapter 18 of the Kern County Land Division Ordinance - SET MONDAY, SEPTEMBER 28, 1998, AT 2:00 P.M., AS THE HEARING DATE ON ORDINANCE REVISIONS; DESIGNATED COUNTY COUNSEL AS THE OFFICIAL TO PREPARE ORDINANCE SUMMARY; DIRECTED CLERK OF THE BOARD TO POST PROPOSED ORDINANCE AND PUBLISH THE REQUIRED NOTICE AND SUMMARY IN ACCORDANCE WITH SECTION 25124(b)(1) OF THE CALIFORNIA GOVERNMENT CODE |
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Pa-Pz All Ayes |
*7) |
Miscellaneous
S.D. #4 Request from Waleed Hillo for Determination of Public Convenience for the Issuance of Off-Sale Beer and Wine License at 33102 Lerdo Highway, Shafter, pursuant to the Alcohol Beverage Control Act, Section 23958 of the Business and Professions Code - APPROVED; ADOPTED RESOLUTION 98-271 |
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ADJOURNED TO TUESDAY, SEPTEMBER 1, 1998, AT 10:00 A.M.
Clerk of the Board
Chairman, Board of Supervisors |
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SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, September 1, 1998 | ||
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10:00 A.M. | ||
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BOARD RECONVENED Supervisors: McQuiston, Perez, Patrick, Peterson, Parra ROLL CALL: All Present SALUTE TO FLAG - Led by Supervisor McQuiston CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: ALL ITEMS LISTED WITH AN ASTERISK (*) OR A NUMBER SIGN (#) WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION. BOARD ACTION SHOWN IN CAPS | ||
| Pz-Pe
All Ayes |
1) | Resolution honoring a Kern County citizen - ADOPTED RESOLUTION; MADE PRESENTATION TO DONALD DUDLEY, DIRECTOR OF HUMAN SERVICES; RAY DEZEMBER AND DONALD DUDLEY HEARD |
| Pz-Pa All Ayes | *2) | Reappointment of Wilfred A. Brown as Fourth Supervisorial District Member to the Commission on Aging, term to expire June 17, 2000 - MADE REAPPOINTMENT |
| 3) | 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 | ||
| 4) | 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 HEARD REGARDING STATUS OF STATE BUDGET | |
ASSESSOR-RECORDER | ||
| Pz-Pa
All Ayes |
*5) | Proposed Licensing & Copy Agreement with Acxiom/DataQuick to copy Assessor's maps, in an amount not to exceed $15,000 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 692-98; APPROVED APPROPRIATION OF $15,000 IN UNANTICIPATED REVENUE TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER FROM APPROPRIATIONS FOR CONTINGENCIES TO ASSESSOR, BUDGET UNIT 1130 (REVENUE CODE 5275), IN THE AMOUNT OF $15,000 |
| Pe-Pa
All Ayes |
6) | Proposed Agreement between California Assessors' Association and Harold W. Bertholf, Inc. to provide participating counties with Petroleum & Geothermal Property Sales Study, Kern County's share of cost not to exceed $35,300 (all costs to be paid by the State of California through AB 818/AB 719 Funding) - ROY WEYGAND, PRESIDENT OF KERN COUNTY TAXPAYERS ASSOCIATION, HEARD; AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO PAY CALIFORNIA ASSESSORS' ASSOCIATION IN ACCORDANCE WITH AGREEMENT FOR PETROLEUM & GEOTHERMAL PROPERTY SALES STUDY IN AN AMOUNT NOT TO EXCEED $35,300 |
| Pe-Pa
All Ayes |
7) | Proposed Agreement for Special Services of Petroleum Engineer/Appraiser (Harold W. Bertholf, Inc.) in an amount not to exceed $25,000 (all costs to be paid by the State of California through AB 818/AB 719 Funding) - ROY WEYGAND, PRESIDENT OF KERN COUNTY TAXPAYERS ASSOCIATION, HEARD; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 693-98 |
| AUDITOR-CONTROLLER-COUNTY CLERK | ||
| Pz-Pa
All Ayes |
*8) | Proposed amendment to extend the Agreement with Brown, Armstrong, Randall & Reyes Accountancy Corporation for the audit of the County Investment Pool, for fiscal years ended June 30, 1998, 1999 and 2000, in an amount not to exceed $4,000 per year - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 694-98 |
| Pz-Pa
All Ayes |
*9) | Request from Arvin Community Services District to change the election of Directors from odd to even numbered years and to consolidate with other elections - AUTHORIZED ELECTIONS DIVISION TO PERFORM THE RELATED SERVICES REQUESTED AND ORDERED THE CONSOLIDATION COMMENCING IN YEAR 2000 |
| Pz-Pa
All Ayes |
*10) | 1998/99 Tax Rates - ADOPTED RESOLUTION 98-272 SETTING THE 1998/99 TAX RATES FOR ALL AGENCIES INCLUDED ON THE COUNTY TAX ROLL |
| DISTRICT ATTORNEY | ||
| Pz-Pa
All Ayes |
*11) | Proposed amendments to Agreements with GE Capital Consulting, Inc., Sherman Consulting Services, and Triple-J Services, Inc., increasing compensation not to exceed $183,700, $130,000, and $280,000, respectively - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENTS 695-98, 696-98, AND 697-98 |
| EMPLOYERS' TRAINING RESOURCE | ||
| Pz-Pa
All Ayes |
*12) | Proposed retroactive Agreement with Proteus, Inc. (prior notification on June 30, 1998) to increase the Subgrant Agreement in the amount of $200,000 and extend the term to September 30, 1998 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 698-98 |
| FIRE DEPARTMENT | ||
| Pz-Pa
All Ayes |
*13) | Quarterly Report of Overtime Expenditures - RECEIVED AND FILED |
| HUMAN SERVICES | ||
| Pz-Pa
All Ayes |
*14) | Letter of resignation from Donald E. Dudley, Director, effective September 11, 1998 - ACCEPTED RESIGNATION |
| Pz-Pa
All Ayes |
*15) | Request Board approval for Auditor to reimburse Social Worker, Sharon Wesson, for expenses incurred to attend the 1998 Annual Meeting of Associated Administrators of the Interstate Compact on the Placement of Children (ICPC) in Scottsdale, Arizona, from April 23, 1998 through April 29, 1998, in an amount not to exceed $277.78 (Linda Lancaster, originally approved by the Board to attend this conference, was unable to attend) - APPROVED |
| WITH-
DRAWN |
16) | Notification of anticipated retroactive approval of Agreement with the Regents of the University of California for Annual Training for County Personnel who provide Eligibility Services - |
| Pe-Mc
All Ayes |
17) | CalWORKs Status Report - DONALD DUDLEY, DIRECTOR OF DEPARTMENT OF HUMAN SERVICES; PAT CHEADLE, ASSISTANT DIRECTOR OF DEPARTMENT OF HUMAN SERVICES; PAM SANDERS, COMMUNITY CONNECTION FOR CHILD CARE; ROSEMARY MENDOZA, EMPLOYMENT DEVELOPMENT DEPARTMENT; JOHN LUQUE, EMPLOYMENT DEVELOPMENT DEPARTMENT; CONNIE WIEDMAN, CURTIS & ASSOCIATES; DIANE KODITEK, INTERIM DIRECTOR OF MENTAL HEALTH; JOHN NILON, DIRECTOR OF EMPLOYERS' TRAINING RESOURCE; AND JAN CASTEEL, KERN COUNTY WELFARE REFORM ADVOCACY GROUP, HEARD; RECEIVED AND FILED |
| KERN MEDICAL CENTER | ||
| Pz-Pa
All Ayes |
*18) | Proposed retroactive approval of Agreement for Professional Interim Registered Nurses Services with Clinical One (prior notification August 18, 1998), from June 1, 1998 to May 31, 2000, in an amount not to exceed $200,000 per year (continued from August 25, 1998) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 699-98 |
| Pz-Pa
All Ayes |
*19) | Proposed Agreement for Professional Medical Services with Stephan Sway, M.D., from September 1, 1998, to August 31, 2000, in an amount not to exceed $320,000 for the two-year term of the agreement - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 700-98 |
| Pz-Pa
All Ayes |
*20) | Proposed Agreement for Professional Medical Services with Vansanthi Ramaswami, M.D., from September 1, 1998, to August 31, 2000, in an amount not to exceed $167,458.50 for the two-year term of the agreement - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 701-98 |
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Pz-Pa All Ayes |
*21) | Request to increase maximum amount payable to $108,500 for sole source purchase of add-on life safety equipment from Simplex Time Recorder Company - APPROVED; AUTHORIZED COUNTY PURCHASING TO ISSUE PURCHASE ORDERS AS NEEDED |
| Pa-Pz
All Ayes |
22) | Notification of anticipated retroactive approval of agreement for professional services with Thomas Larwood, M.D. - RECEIVED AND FILED |
| LIBRARY | ||
| Pz-Pa
All Ayes |
*23) | Request to appropriate unanticipated revenue, Pacific Bell Northern and Central California Community Enrichment Program, $5,000 - APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $5,000 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER FROM APPROPRIATIONS FOR CONTINGENCIES TO BUDGET UNIT #6210 (REVENUE CODE 5445) IN THE AMOUNT OF $5,000; AUTHORIZED DIRECTOR OF LIBRARIES TO EXECUTE NECESSARY GRANT DOCUMENTS |
| Pz-Pa
All Ayes |
*24) | Amendment of Library Services Construction Act Construction Agreement No. T2-902 with California State Library for Construction of Lamont Branch extending completion date to April 30, 1999 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 702-98 |
| MENTAL HEALTH SERVICES | ||
| Pz-Pa
All Ayes |
*25) | Proposed addition/deletion of Kern Linkage Program staff positions (correction of Board action on August 18, 1998) - AUTHORIZED THE ADDITION OF ONE (1) MENTAL HEALTH NURSE AND ONE (1) MENTAL HEALTH REHABILITATION SPECIALIST I/II/III IN BUDGET UNIT #4120 EFFECTIVE AUGUST 18, 1998 TO BE FILLED THROUGH THE REGULAR COUNTY RECRUITMENT PROCESS, WITH CURRENTLY AUTHORIZED TEMPORARY POSITIONS DELETED AS PERMANENT POSITIONS ARE FILLED BUT NO LATER THAN JUNE 30, 1999; AUTHORIZED THE CONCURRENT DELETION OF ONE (1) SUBSTANCE ABUSE SPECIALIST I/II AND ONE (1) MENTAL HEALTH CLINICIAN I/II IN BUDGET UNIT #4120 EFFECTIVE AUGUST 18, 1998; REFERRED TO PERSONNEL TO AMEND THE DEPARTMENTAL POSITIONS AND SALARY SCHEDULE |
| OFFICE ON AGING | ||
| Pz-Pa
All Ayes |
*26) | Proposed Agreement for Congregate and Home-Delivered Nutrition Services with The City of Ridgecrest, for Fiscal Year 1998-99, in an amount not to exceed $145,691 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 703-98 |
| Pz-Pa
All Ayes |
*27) | Proposed Amendment No. 5 to Fiscal Year 1995-96 Title III Agreement with California Department of Aging for nutrition services (additional $4,744 to County) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 704-98 |
| Pz-Pa
All Ayes |
*28) | Proposed Amendment No. 3 to Fiscal Year 1997-98 Title III Agreement with Department of Aging for nutrition and other support services (adjustment of funding for service categories) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 705-98 |
| PERSONNEL DEPARTMENT | ||
| Pz-Pa
All Ayes |
*29) | Classifications of positions recommended by Civil Service Commission, effective September 1, 1998 - APPROVED; REFERRED TO PERSONNEL TO AMEND THE DEPARTMENTAL POSITIONS AND SALARY SCHEDULE |
| PUBLIC HEALTH DEPARTMENT | ||
| Pe-Pa
All Ayes |
30) | Notification of anticipated retroactive approval of Agreement with Beardsley School District for Medi-Cal Administrative Activities from July 1, 1998 through June 30, 1999, in an amount not to exceed $100,000 - RECEIVED AND FILED |
| Pz-Pa
All Ayes |
*31) | Proposed Application for Encroachment Permit with the City of Bakersfield to hang banners on Truxtun Avenue for World AIDS Day, December 1, 1998 for a period of thirty (30) days in an amount not to exceed $135 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN |
| SHERIFF'S DEPARTMENT | ||
| Pz-Pa
All Ayes |
*32) | Application to hold a parade, Mojave Chamber of Commerce on September 19, 1998 - FOUND THAT THE SHERIFF HAS NOTED HIS APPROVAL ON THE PERMIT AND THAT THE PARADE WILL NOT RESULT IN THE UNDUE OR UNMANAGEABLE OBSTRUCTION OR HINDRANCE OF TRAFFIC ON THE HIGHWAY WHERE IT IS TO BE HELD; WILL NOT LEAD TO BREACH OF THE PEACE, PROPERTY DAMAGE, OR OTHER DISORDERLY OR UNLAWFUL CONDUCT; WILL NOT CONFLICT WITH OTHER PARADES PREVIOUSLY GRANTED PERMITS, AND THAT THE SHERIFF HAS FACILITIES TO PROPERLY SUPERVISE THE PARADE; APPROVED PERMIT; AUTHORIZED CHAIRMAN TO SIGN |
| Pz-Pa
All Ayes |
*33) | Approve payment to A/R Construction for repair of storm damage to canine building at Norris Road Facility in an amount not to exceed $7,850; fiscal impact: None (Invoice amount of $7,850 offset by insurance settlement) - APPROVED; DIRECTED AUDITOR-CONTROLLER TO MAKE PAYMENT FROM BUDGET UNIT 2210, ACCOUNT 7701 |
| Pz-Pa
All Ayes |
*34) | Budget transfer of Sheriff's Asset Forfeiture funds in the amount of $110,466 to purchase shotguns and furniture - APPROVED APPROPRIATION OF UNANTICIPATED REVENUE FROM THE SHERIFF'S ASSET FORFEITURE TRUST FUND #22137 IN THE AMOUNT OF $110,466 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER OF $110,466 FROM APPROPRIATIONS FOR CONTINGENCIES TO SHERIFF'S BUDGET UNIT 2210 |
| Pz-Pa
All Ayes |
*35) | Request for authorization to add a position of Supervising Coroner Investigator to Sheriff-Coroner budget unit 2210 - APPROVED ADDITION OF ONE (1) POSITION OF SUPERVISING CORONER INVESTIGATOR TO BUDGET UNIT 2210; REFERRED TO PERSONNEL DIRECTOR FOR DEVELOPMENT OF A SUITABLE JOB SPECIFICATION OR MODIFICATION OF AN EXISTING JOB SPECIFICATION; REFERRED TO CAO TO RECOMMEND SALARY RANGE; AMENDED DEPARTMENTAL POSITIONS AND SALARY SCHEDULE |
| Pz-Pa
All Ayes |
*36) | Request to pay for the meals of the Citizen Volunteers
who donate their time to assist the Sheriff's Department
during the Kern County Fair with subsequent reimbursement
from the proceeds of their services; no fiscal impact -
AUTHORIZED AUDITOR-CONTROLLER TO PAY FOR THE COST OF
MEALS PROVIDED TO THE CITIZENS VOLUNTEER UNIT; APPROVED
REIMBURSEMENT FROM THE SHERIFF'S CRIME PREVENTION TRUST
FUND #22143 TO THE GENERAL FUND IN AN AMOUNT EQUAL TO THE
COST OF THE MEALS PROVIDED
|
| Pz-Pa
All Ayes |
*37) | Request to transfer $25,000 from Sheriff's Training Trust account #22132 to expenditure key 7703 to cover miscellaneous, unanticipated training expenses; no fiscal impact on the General Fund - APPROVED APPROPRIATIONS OF UNANTICIPATED REVENUE FROM SHERIFF'S TRAINING TRUST ACCOUNT #22132 IN THE AMOUNT OF $25,000 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER OF $25,000 FROM APPROPRIATIONS FOR CONTINGENCIES TO SHERIFF'S BUDGET UNIT 2210, EXPENDITURE KEY 7703 |
| Pz-Pa
All Ayes |
*38) | Proposed $10,000 donation from Chad Yarbrough Memorial Fund to Kern County Sheriff's Department and Budget Transfer - APPROVED DONATION IN THE AMOUNT OF $10,000 FROM THE CHAD YARBROUGH MEMORIAL FUND TO THE KERN COUNTY SHERIFF'S DEPARTMENT; APPROVED APPROPRIATION OF UNANTICIPATED REVENUE FROM THE SHERIFF'S BUDGET UNIT 2210 IN THE AMOUNT OF $10,000 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER REQUEST OF $10,000 FROM APPROPRIATIONS FOR CONTINGENCIES TO THE SHERIFF'S BUDGET UNIT 2210 FOR THE PURCHASE OF BIKE PATROL EQUIPMENT |
| WEIGHTS AND MEASURES | ||
| Pz-Pa
All Ayes |
*39) | Request for reimbursement of uniform cost for two (2) Weights and Measures Inspector trainees, extra help, in an amount not to exceed $200 each - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PAY |
|
COUNTY ADMINISTRATIVE OFFICE | ||
| Pe-Pz
All Ayes |
40) | Request for closed session regarding Meet and Confer, KCPA, CCAPE, and KFA - |
| Pe-Pz
All Ayes |
40A) | Results of closed session regarding Meet and Confer, KCPA, CCAPE, and KFA - CONTINUED TO TUESDAY, SEPTEMBER 1, 1998, 2:00 P.M. (SEE ITEM #32) |
| Pe-Pz
All Ayes |
41) | Request for closed session regarding Human Services Director recruitment - |
| Pe-Pz
All Ayes |
41A) | Results of closed session regarding Human Services Director recruitment - CONTINUED TO TUESDAY, SEPTEMBER 1, 1998, 2:00 P.M. (SEE ITEM #33) |
| COUNTY COUNSEL | ||
| Pe-Pz
All Ayes |
42) | Request for closed session regarding a lawsuit or proceeding formally initiated entitled Scott Kniffen, et al., v. County of Kern, et al., U.S. District Court, Eastern District of California, Case No. 97-5105 REC (Government Code Section 54956.9(a)) - CONTINUED TO TUESDAY, SEPTEMBER 1, 1998 AT 2:00 P.M. (SEE ITEM #34) |
| Pe-Pz
All Ayes |
43) | Request for closed session regarding potential litigation (one case) (Government Code Section 54956.9(b)(3)(D)) - |
| Pe-Pz
All Ayes |
43A) | Results of closed session regarding potential litigation
(one case) (Government Code Section 54956.9(b)(3)(D)) -
CONTINUED TO TUESDAY, SEPTEMBER 1, 1998 AT 2:00 P.M. (SEE ITEM #35) |
| 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, September 1, 1998 | ||
|
2:00 P.M | ||
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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 | ||
|
| ||
| 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 | |
|
| ||
| 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 | |
|
COUNTY ADMINISTRATIVE OFFICE | ||
| Pe-Pz
4 Ayes 1 No-Mc |
3) | Proposed Transfer of Approval Authority to County Department Heads For Out-of-State Travel and Revision to Definition of Unusual Travel and Amendment 8-98 to County Administrative Procedures Manual Chapter 1, Authorization and Reimbursement of Employment Related Expenses - MIKE TURNIPSEED, KERN COUNTY TAXPAYERS ASSOCIATION HEARD; APPROVED |
|
Pe-Pa All Ayes |
4) | Proposed Bylaws and Duties of The Citizens Advisory Committee on Annexations - CONTINUED TO TUESDAY, SEPTEMBER 8, 1998, AT 2:00 P.M. |
| Pa-Pe All Ayes | *5) | Proposed Allowable Exclusions to FY 1998-99 Gann Limit - APPROVED |
| Pa-Pe All Ayes | *6) | Proposed Board Response Re: 1997-98 Grand Jury Report on Various County Departments, Practices, and Facilities - AUTHORIZED CHAIRMAN TO SIGN LETTER TO THE PRESIDING JUDGE OF SUPERIOR COURT TRANSMITTING COMMENTS |
|
Legislative Matters | ||
| Pa-Pe All Ayes | *7) | Report on County efforts to retain Aerospace and High-tech Industries of Eastern Kern County - RECEIVED AND FILED |
|
COUNTY ADMINISTRATIVE OFFICE General Services S.D. #1 | ||
| Pa-Pe All Ayes | *8) | Proposed Agreement for Lease of Portion of 5640 Lake Isabella Boulevard, Lake Isabella, for use of space by Employers' Training Resource for the Welfare-to-Work programs - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; DIRECTED CLERK OF THE BOARD TO COMPLETE AND FILE NOTICE OF EXEMPTION; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 706-98 |
|
S.D. #5 | ||
| Pa-Pe All Ayes | *9) | (7100.7500) Plans and specifications for Landscape Planting and Irrigation System at the Kern River Bike Path - 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, SEPTEMBER 24, 1998, AT 11:00 A.M. |
| Pa-Pe All Ayes | *10) | (1960.8198) Proposed Agreement for Engineering Services with Hillman, Biddison & Loevenguth, in the amount of $70,000, to provide structural engineering services for the new Department of Public Health Facility (continued from Tuesday, 8/25/98) - CONTINUED TO TUESDAY, SEPTEMBER 8, 1998, AT 2:00 P.M. |
|
All S.D.'s | ||
| Pa-Pe All Ayes | *11) | Proposed personnel changes within the Reprographics and Mail Services Divisions of General Services - EFFECTIVE SEPTEMBER 1, 1998, AUTHORIZED CONVERSION OF ONE PART-TIME STOREKEEPER 1 POSITION TO ONE FULL-TIME STOREKEEPER 1 POSITION WITH REPROGRAPHICS; EFFECTIVE SEPTEMBER 1, 1998, AUTHORIZED DELETION OF ONE PART-TIME CLERK 1 POSITION WITH THE MAIL SERVICES DIVISION; REFERRED TO PERSONNEL DEPARTMENT TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE |
| Pa-Pz
All Ayes |
12) | Report on parking at County facilities in downtown Bakersfield - RECEIVED AND FILED |
|
COUNTY COUNSEL | ||
| Pa-Pe All Ayes | *13) | Letter of resignation from Eddy Laine, Director of the Office on Aging, to Kern County Board of Supervisors, effective January 1, 1999 - ACCEPTED RESIGNATION |
| Pa-Pe All Ayes | *14) | Proposed Golden Handshake Retirement for Office on Aging Director, Eddy Laine, pursuant to Government Code Section 31641.04 - ADOPTED RESOLUTION 98-273 OFFERING ADDITIONAL SERVICE CREDITS |
|
RESOURCE MANAGEMENT AGENCY ALL S.D.'s | ||
| Pa-Pe All Ayes | *15) | Proposed Agreement with Kern Economic Development Corporation for use of County personnel to assist KEDC in coordinated permit assistance (County to be reimbursed for salary costs) - APPROVED; AUTHORIZE CHAIRMAN TO SIGN AGREEMENT 707-98 |
| Pa-Pe All Ayes | *16) | Establishment of an Interest Bearing Trust Fund in Roads Department for Biosolids Impact Fees - APPROVED; DIRECTED AUDITOR-CONTROLLER-COUNTY CLERK TO ESTABLISH INTEREST BEARING TRUST FUND |
|
RESOURCE MANAGEMENT AGENCY Engineering & Survey Services S.D. #1 | ||
| Pz-Mc
All Ayes |
17) | Belle Vista Estates Road and Water System Improvement Assessment District - AUTHORIZED THE AUDITOR-CONTROLLER-COUNTY CLERK TO ADVANCE FUNDS FROM THE GENERAL FUND TO THE BELLE VISTA ASSESSMENT DISTRICT PAYMENT FUND (TRUST FUND 40372) IN AN AMOUNT NOT TO EXCEED $25,000 TO BE REPAID WITH INTEREST CALCULATED AT THE TREASURER'S POOLED RATE |
| S.D. #2 | ||
| Pa-Pe All Ayes | *18) | Parcel Map No. 10046; Southeast Corner of Rosamond Boulevard and Office Court, Rosamond; Release of Faithful Performance Security for Street, Water and Sewer 1-Year Guarantee Period; Robert H. & Addilee Coleman - RELEASED THE 10% FAITHFUL PERFORMANCE SECURITY (CASH DEPOSIT) AND AUTHORIZED THE AUDITOR-CONTROLLER TO ISSUE A WARRANT IN THE AMOUNT OF $25,829.10 TO THE DEVELOPERS, ROBERT H. & ADDILEE COLEMAN, IN CARE OF MR. MIKE WYCKOFF, THEIR BUSINESS MANAGER |
| S.D. #4 | ||
| Pa-Pe All Ayes | *19) | Resolution of Disbursement of County Service Area Revolving Fund Monies for County Service Area No. 90 (Stebbins Tract) - APPROVED DISBURSEMENT OF $100,000 FROM THE COUNTY SERVICE AREA REVOLVING FUND TO CSA NO. 90 AND ADOPTED THE RESOLUTION 98-274 OF DISBURSEMENT; APPROVED PURCHASE OF ROAD PAVING MATERIALS AND THE UTILIZATION OF COUNTY ROAD MAINTENANCE CREWS FOR CONSTRUCTION OF GATSON ROAD PURSUANT TO PUBLIC CONTRACT CODE 20395(C) |
| RESOURCE MANAGEMENT AGENCY
Roads Department S.D. #1 | ||
| Pa-Pe All Ayes | *20) | Contract No. 97049, Plans, Specifications and Notice to Contractors for Construction on Kernville Road and Sierra Way, STPL-5950(119) - 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 SEPTEMBER 30, 1998, 11:00 A.M. |
| Pa-Pe All Ayes | *21) | Contract No. 98012, Notice of Completion for Construction on North Chester Avenue between Universe Avenue and North Chester Extension, STPLN-5950(005) - RECEIVED AND FILED |
|
S.D. #3 | ||
| Pa-Pz
All Ayes |
22) | Report Project Status and Approve Underpass Preliminary Design for Calloway Drive Underpass Project - FRED KRAMER; STACEY BELL; KEN SCHAEFFER; JEFF YELEY; JOHN BELL; AND LARRY MANNING HEARD; APPROVED DESIGN PLAN; RECEIVED AND FILED REPORT |
|
S.D. #3 & #4 | ||
| Pa-Pe All Ayes | *23) | Contract No. 98024, Plans, Specifications and Notice to Contractors for Construction on Lerdo Highway and Brimhall Road, STPL-5950(137) - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTIONS 15302 AND 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 SEPTEMBER 30, 1998, 11:00 A.M. |
| WASTE MANAGEMENT DEPARTMENT
All S.D.'s | ||
| Pa-Pe All Ayes | *24) | Use of Waste Management Department Logo by Papyrus Video Games - APPROVED PAPYRUS GAMES TO USE WASTE MANAGEMENT LOGO; AUTHORIZED CHAIRMAN TO SIGN PERMISSION LETTER |
| CONSIDERATION OF ORDINANCES INTRODUCED ON TUESDAY, AUGUST 18, 1998 | ||
| Pa-Pz
3 Ayes 2 Noes Mc-Pe |
25) | Proposed Code Compliance Ordinance repealing Chapter 8.28 and adding a new Chapter 8.28 concerning Solid Waste; repealing Chapter 8.44 and adding a new Chapter 8.44 concerning Public Nuisances; adding Chapter 8.46 concerning Weeds; adding Chapter 8.54 concerning Administrative Penalty; repealing Chapter 10.28 and adding a new Chapter 10.28 concerning Abandoned, Wrecked, Dismantled or Inoperative Vehicles; repealing Chapter 17.04 concerning Building Regulations and adding a new Chapter 17.04; amending Sections 17.16.020 and 17.16.030; deleting Sections 17.16.040 and 17.16.050; amending Sections 17.16.060, 17.16.070, 17.16.080 and 17.16.090 concerning the Housing Code - ENACTED ORDINANCE G-6530 |
| MATTERS FOR EXECUTIVE APPROVAL | ||
| Pa-Pe All Ayes | *26) | Budget Transfers - APPROVED #9 THROUGH #13 |
| Pa-Pe All Ayes | *27) | Travel Requests (Out of State) - APPROVED S. TREVINO TO JACKSONVILLE, FL; J. NILON TO WASHINGTON,D.C.; G. JOHNSON, T. CHAVEZ, C. SPEER, AND J. PLANK TO SCOTTSDALE, AZ |
| Pa-Pe All Ayes | *28) | Minutes for the Week of July 28, 1998 - APPROVED WITH CORRECTION TO TUESDAY, JULY 28, 1998, 2:00 P.M., ITEMS #2 & #7 TO DELETE WORDING "DIRECTED THE SECRETARY TO PUBLISH A NOTICE OF FILING OF THE WRITTEN REPORT"; ITEM #54 TO ADD RESOLUTION #98-242, AND ITEM #78 TO READ "CLAIM IN THE MATTER OF FRANK W. SUBRIAR INSTEAD OF DAVID WARD" |
| Pa-Pe All Ayes | *29) | Miscellaneous Letters and Documents - FILED |
| Pa-Pe All Ayes | *30) | Miscellaneous Departmental Referrals by Clerk of the Board - APPROVED AND FILED |
| Pa-Pe All Ayes | *31) | Claims and Lawsuits filed with and referred by Clerk of the Board - APPROVED AND FILED |
|
COUNTY ADMINISTRATIVE OFFICE | ||
| Mc-Pa
All Ayes |
32) | Request for closed session regarding Meet and Confer, KCPA, CCAPE, and KFA (continued from 9/1/98, 10:00 a.m., Item #40) - |
| Mc-Pa
All Ayes |
33) | Request for closed session regarding Human Services Director recruitment (continued from 9/1/98, 10:00 a.m., Item #41) - |
| Pz-Pa
All Ayes |
33A) | Results of closed session regarding Human Services Director recruitment - APPOINTED KATHY IRVINE AS INTERIM DIRECTOR OF HUMAN SERVICES EFFECTIVE SEPTEMBER 12, 1998 |
| COUNTY COUNSEL | ||
| Mc-Pa
All Ayes |
34) | Request for closed session regarding a lawsuit or proceeding formally initiated entitled Scott Kniffen, et al., v. County of Kern, et al., U.S. District Court, Eastern District of California, Case No. 97-5105 REC (Government Code Section 54956.9(a))(continued from 9/1/98, 10:00 a.m., Item #42) - |
| Mc-Pa
All Ayes |
35) | Request for closed session regarding potential litigation (one case) (Government Code Section 54956.9(b)(3)(D)) (continued from 9/1/98, 10:00 a.m., Item #43) - |
| Pa-Mc | RECONVENED AND ADJOURNED TO TUESDAY, SEPTEMBER 8, 1998
AT 10:00 A.M.
______________________________ Clerk of the Board ______________________________ Chairman, Board of Supervisors |
| 29) | MISCELLANEOUS LETTERS AND DOCUMENTS - FILED | |
| Auditor-Controller-County Clerk | ||
| A) | Status Report on Excess Proceeds from Tax Deeded Land Sales | |
| Community Development Department | ||
| B) | First-time Homebuyer Assistance Program Agreement with American City Mortgage Corporation | |
| C) | County Loan Agreement, Home Investment Partnerships Program, First-time Homebuyers Mortgage Assistance Program with Jorge Hernandez and Domitila Hernandez | |
| D) | County Loan Agreement, Home Investment Partnerships Program, First-time Homebuyers Mortgage Assistance Program with Juan E. Martinez and Ignacia Martinez | |
| E) | County Loan Agreement, Home Investment Partnerships Program, First-time Homebuyers Mortgage Assistance Program with Guadalupe Martinez | |
| F) | County Loan Agreement, Home Investment Partnerships Program, First-time Homebuyers Mortgage Assistance Program with Jose Pulido and Otilia Pulido | |
| G) | County Loan Agreement, Home Investment Partnerships Program, First-time Homebuyers Mortgage Assistance Program with Danny Ronk and Brandie Ronk | |
| H) | County Loan Agreement, Home Investment Partnerships Program, First-time Homebuyers Mortgage Assistance Program with Joel Wayne Westbrook and Melissa Jean Westbrook | |
| Local Agency Formation Commission | ||
| I) | Letter to Stanley Gradey, Planning Director in response to the City's proposed Negative Declaration on Sphere of Influence Amendment #1-97 (Copy to each Supervisor, CAO and Planning) | |
| J) | Memo re City of Bakersfield Sphere of Influence Amendment (Copy to each Supervisor, CAO and Planning) | |
| Resource Management Agency | ||
| K) | Letter re Minor Revisions to Code Compliance Ordinances | |
| Sheriff | ||
| L) | Thank you letter to Jeff Spinner of Sparklett's Water Corp. for the donation of drinking water for the Lerdo Male Minimum Facility | |
| Miscellaneous | ||
| M) | Letter from City of Bakersfield re Purpose of Enlarging Sphere of Influence of the City of Bakersfield (Copy to each Supervisor, CAO and Planning) | |
| N) | Letter from Oregon Street Residents and Property Owners re improvement and clean-up of Oregon Street Neighborhood (Copy to each Supervisor, CAO, Community Development, ESS and Sheriff) | |
| O) | Letter from Department of Health Services re Fiscal Year (FY) 1997/98 Trust Fund Guidelines (Copy to each Supervisor, CAO, KMC and Public Health) | |
| P) | Letter from Californians for People, Pets and Wildlife re Why Californians Oppose Proposition 4 (Copy to each Supervisor and CAO) | |
| Q) | Letter from Grapery re proposed ordinance regulating the land application of Biosolids (Copy to each Supervisor, CAO, Environmental Health, County Counsel and RMA) | |
| R) | Letter from State Board of Equalization re Equipment Index Factors for Biotechnology Equipment (Copy to each Supervisor, CAO and Assessor) | |
| S) | Letter from Department of Health Services re Medi-Cal Outreach Request for Application (RFA) Addendum (Copy to each Supervisor, CAO, KMC and Health Department) | |
| T) | National Breast Cancer Awareness Month product catalog (Copy to each Supervisor and CAO) | |
| U) | Thank you card from Lori Porterfield re the Board's generous support to fund CASA for Fiscal Year 98-99 (Copy to each Supervisor and CAO) | |
| V) | Calfed Bay-Delta Program newsletter re correction to comment due date on developing a draft preferred program alternative (Copy to each Supervisor, CAO and Planning) | |
| W) | St. George Greek Orthodox Church annual Greek Festival for September 12 & 13 (Copy to each Supervisor and CAO) | |
| X) | Minutes of meeting on August 5, 1998 from Local Child Care and Development Planning Council (Copy to each Supervisor and CAO) | |
| Y) | Agenda of meeting for August 26, 1998 from State of California Fish and Game Commission (Copy to each Supervisor and CAO) | |
| 30) | LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD -APPROVED AND FILED | |
| A) | Application for Alcohol Beverage License: Onyx Emporium, 23822 Hwy. 178, Onyx, CA; -REFERRED TO PLANNING (Copy to each Supervisor, CAO and County Counsel) | |
| B) | Letter from National Health Services, Inc. re business communication with the Mental Health Department -REFERRED TO MENTAL HEALTH (Copy to each Supervisor and CAO) | |
| C) | Letter from Arrow International, Inc. requesting a list that includes names and mailing addresses of licensed charitable bingo and pull tab game operators -REFERRED TO SHERIFF (Copy to each Supervisor and CAO) | |
| D) | Kern High School District 1998 Tax and Revenue Anticipation Notes -REFERRED TO COUNTY COUNSEL | |
| 31) | CLAIMS AND LAW SUITS FILED WITH AND REFERRED BY THE CLERK OF THE BOARD - APPROVED AND FILED | |
| A) | Claim in the matter of Gayle Achuff vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management) | |
| B) | Claim in the matter of Gayle Achuff vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management) | |
| C) | Claim in the matter of Stephanie Arnold and ArnCo Management Services vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management) | |
| D) | Amended Claim in the matter of Joe Delatorre, III vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management) | |
| E) | Claim in the matter of Jimmy Magee vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management) | |
| F) | Summons and Complaint in the matter of Barbara Strasbaugh vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management) |