SUMMARY OF PROCEEDINGS



BOARD OF SUPERVISORS - COUNTY OF KERN



1115 Truxtun Avenue

Bakersfield, California



Regular Meeting

Monday, September 28, 1998



2:00 P.M.



BOARD RECONVENED

Supervisors: McQuiston, Perez, Patrick, Peterson, Parra

ROLL CALL: All Present



SALUTE TO FLAG - Led by Supervisor McQuiston



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



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
CONTINUED HEARINGS


RESOURCE MANAGEMENT AGENCY



Planning Department

Mc-Pe

All Ayes

3) Request from John Martin by Wilson and Associates to change the permitted uses from Agriculture to Solid Waste Facilities, to allow the reduction in the required widths of road alignments along the north and west property lines, and to allow the development of a private landfill on approximately 7 1/2 acres located at Nill Avenue and State Route 99, approximately two miles south of McFarland. (SD 1)

Specific Request:

(1) Amend the Kern County General Plan from Agriculture to Solid Waste Facilities or a more restrictive map code designation (GPA #1, Map #34-19); and

(2) A Conditional Use Permit to allow a private landfill (CUP #2, Map #34-19)

(Negative Declaration; Published Delano Record; Continued from 9/14/98) - (Tape 1853) OPENED HEARING; NO ONE HEARD; CLOSED HEARING; ADOPTED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTIONS 98-305 AND 98-306 APPROVING GENERAL PLAN AMENDMENT AND CIRCULATION ELEMENT AMENDMENT AS REQUESTED BY STAFF, AND APPROVING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS, NEITHER APPROVAL TO BECOME EFFECTIVE UNLESS, PRIOR TO OCTOBER 12, 1998, THE PROPERTY OWNER(S) OR THEIR REPRESENTATIVE SIGNS AND FILES THE REQUIRED INDEMNIFICATION AGREEMENT, APPROVED AS TO FORM BY COUNTY COUNSEL, WITH THE PLANNING DIRECTOR















Pe-Pa

All Ayes















*4)


HEARINGS


RESOURCE MANAGEMENT AGENCY



Planning Department



Request from Brad Wyatt by French and Associates to change the permitted uses from Agriculture to Residential on approximately nine acres located at 2422 DiGiorgio Road, Greenfield. (SD 2)

Specific Request:

A change in zone classification from A to E (2 1/2) RS or a more restrictive district (ZCC #20, Map #143)

(Categorically Exempt, Section 15303; Published Bakersfield Californian) - (Tape 1853) OPENED HEARING; NO ONE HEARD; CLOSED HEARING; ADOPTED RESOLUTION 98-307 AND ENACTED ORDINANCE G-6532 APPROVING ZONE CHANGE AS REQUESTED

Pe-Pa

All Ayes

*5) Request from Stanley and Sharon Voth by Delmarter and Deifel to cancel a 6.98-acre portion of a 120.6-acre parcel of a Land Use Contract and to amend a Land Use Contract on 33.18 acres located 1/4 mile east of the intersection of Scofield Avenue and Dresser Road, south of Wasco. (SD 4)

Specific Request:

Cancellation of Land Use Restrictions, Land Conservation Act, Agricultural Preserve No. 6 and Contract Amending Land Use Contract (Cancellation #98-1; Map #55)

(General Rule, Section 15061(b)(3); Published Shafter Press) - (Tape 1853) OPENED HEARING; NO ONE HEARD; CLOSED HEARING; ADOPTED RESOLUTION 98-308 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

Pe-Pa

All Ayes

*6) Request from Blattella LLC by Delmarter and Deifel to vacate Summerset Way and a portion of Thistlebloom Way, located between Midsummer Drive and Thistlebloom Way, northwest Bakersfield. (SD 3)

Specific Request:

Nonsummary Vacation of Summerset Way and a portion of Thistlebloom Way (102-10 3 098; Streets and Highways)

(General Rule, Section 15061(b)(3); Published Bakersfield Californian) - REFERRED BACK TO STAFF

Pz-Pe

All Ayes

7) Request from the Kern County Planning Department and the Kern County Engineering and Survey Services Department to revise the Kern County Land Division Ordinance. (All S.D.'s)

Specific Request:

Revisions to Title 18 of the Kern County Land Division Ordinance - 1-1998

(General Rule, Section 15061(b)(3); Published All Kern County Newspapers) - (Tape 1853 & 1854) OPENED HEARING; FRED PORTER, PORTER-ROBERTSON ENGINEERING; BRUCE NYBO, BOYLE ENGINEERING; ISSAC A. GEORGE, CITY OF TAFT; JOYCE LOBASSO; TERRIE STOLLER, SUNRIDGE NURSERY AND SMART GROWTH COALITION OF KERN COUNTY; PENNY CALDERON; STEVE LOBASSO; LAURA SNIDEMAN, BUILDING INDUSTRY ASSOCIATION; LARRY MOXLEY, DEWALT CORPORATION; CAROLYN VAUGHN, PROBUILT HOMES; JOE HAWKINS; JILL WOODS, DEWALT CORPORATION, HEARD; CLOSED HEARING; RECEIVED AND FILED DOCUMENTS; MADE FINDINGS UNDER SECTION 15061(B)(3) OF CEQA GUIDELINES; WAIVED READING; INTRODUCED ORDINANCE WITHOUT PROPOSED CHANGES RELATING TO CAD FILES OR THE PROPOSED ONE-YEAR PERIOD UNDER 18.40.040(C)(1); REFERRED GIS/CAD FILE ISSUE AND TWO-YEAR PERIOD FOR DEVELOPMENT RIGHTS TO PLANNING AND ENGINEERING AND SURVEY SERVICES FOR REVIEW AND REPORT; REFERRED CITY OF TAFT REQUEST TO EXPAND PROPOSED TYPE A IMPROVEMENT AREA TO PLANNING FOR REVIEW AND REPORT

DEPARTMENTAL REQUESTS


RESOURCE MANAGEMENT AGENCY



Planning Department









Pe-Pa

All Ayes









*8)
Streets and Highways

S.D. #1



Request from H.D. McCollough by Dave Russell for a Summary Vacation of a portion of an existing alley, 278 feet north of Young Avenue, Lake Isabella area, Map 64-6 - ADOPTED RESOLUTION 98-309 APPROVING VACATION SUBJECT TO RETENTION OF EXISTING UTILITY EASEMENTS





Pe-Pa

All Ayes





*9)
S.D. #2

Request from George and Marjorie Shanks and Jerry and Lois Roger by Orville Handy for a Summary Vacation of excess right-of-way of Shanks Road, south side of Caliente Creek Road, Twin Oaks area, Map No. 108-36 - ADOPTED RESOLUTION 98-310 APPROVING VACATION AS REQUESTED





Pe-Pa

All Ayes





*10)
S.D. #3

Request from City of Bakersfield for a Summary Vacation of canal/drainage easement, north of Olive Drive, between Oakhaven Street and Ashwood Street, northeast Bakersfield, Map 102-10 - ADOPTED RESOLUTION 98-311 APPROVING VACATION SUBJECT TO RETENTION OF EXISTING UTILITY EASEMENT

Pe-Pa

All Ayes

*11) Request from Fruitvale Automotive by Alta-Hughes Engineering for a Nonsummary Vacation of a portion of Dedicated Rights of Vehicular Access along the west side of Fruitvale Avenue, south of Meany Avenue, Rosedale area - ADOPTED RESOLUTION 98-312 DECLARING INTENT TO VACATE; SET DATE OF HEARING FOR MONDAY, NOVEMBER 9, 1998, AT 2:00 P.M., AND PROVIDED FOR NOTICE
Pe-Pa

All Ayes

*12) Request from V.A.H., LP by Delmarter and Deifel for a Nonsummary Vacation of Summerset Way and a portion of Thistlebloom Way and Nonsummary Vacation of an alley - ADOPTED RESOLUTION 98-313 DECLARING INTENT TO VACATE; SET DATE OF HEARING FOR MONDAY, OCTOBER 26, 1998, AT 2:00 P.M., AND PROVIDED FOR NOTICE
RESOURCE MANAGEMENT AGENCY



Planning Department









Pe-Pa

All Ayes









*13)
Land Use

S.D. #5



A Three-Year Extension of Time for Tract No. 5582 by Telstar Engineering, Inc., south side of Mountain View Road, west side of Weedpatch Highway, Lamont area - APPROVED THREE-YEAR EXTENSION OF TIME TO RECORD FINAL MAP FROM AUGUST 3, 1998 TO AUGUST 2, 2001, SUBJECT TO CONDITIONS APPROVED BY YOUR BOARD ON AUGUST 3, 1992

RESOURCE MANAGEMENT AGENCY



Planning Department









Pe-Pa

All Ayes









*14)
Miscellaneous

S.D. #4



Request by Nely Betancourt for Determination of Public Convenience for the Issuance of an On-Sale Beer and Wine Liquor License at 9620-B Taft Highway in Old River, pursuant to the Alcohol Beverage Control Act, Section 23958 of the Business and Professions Code - APPROVED; ADOPTED RESOLUTION 98-314



Pe-Pz


ADJOURNED TO TUESDAY, SEPTEMBER 29, 1998, AT 10:00 A.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 29, 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



BOARD ACTION SHOWN IN CAPS

RESOLUTIONS/PROCLAMATIONS
Pa-Pe

All Ayes

1) Proclamation proclaiming October 1998 as Child Health Month in Kern County - PROCLAIMED; MADE PRESENTATION TO DR. PORTIA CHOI; DR. PORTIA CHOI AND SARA FUTTRELL HEARD
Pz-Pa

All Ayes

2) Proclamation proclaiming October 4-10, 1998, as "Paint the Town Pink" week in Kern County - PROCLAIMED; MADE PRESENTATION TO JOY STEWART; JOY STEWART HEARD
Pe-Mc

All Ayes

3) Proclamation proclaiming October 5-11, 1998, as National 4-H Club Week in Kern County - PROCLAIMED; MADE PRESENTATION TO MYRON WILLIAMS; MYRON WILLIAMS HEARD; CRYSTAL HUTCHISON, JENNIFER HILL, AMANDA WILSON, MYRON WILLIAMS II, NICOLE DURAN AND ANDREA DURAN INTRODUCED
Pz-Pa

All Ayes

4) Proclamation proclaiming October 16, 1998 as a Day of Understanding, and Reconciliation in Kern County - PROCLAIMED; MADE PRESENTATION TO WESLEY CRAWFORD; WESLEY CRAWFORD HEARD
Pe-Pa

All Ayes

* 5) Proclamation proclaiming October 2, 1998 as Bakersfield Centennial Celebration Foundation Day in Kern County - PROCLAIMED; REFERRED TO CLERK OF THE BOARD FOR PREPARATION
APPOINTMENTS
Pe-Pa

All Ayes

* 6) Appointment of Chuck Tolfree to the Metropolitan Bakersfield Habitat Conservation Plan (replacing David Y. Milazzo), term to expire September 25, 2000 - MADE APPOINTMENT

Pe-Pa

All Ayes

* 7) Appointment of Tharrell D. Ming to the Assessment Appeals Board (replacing Lincoln R. Slaughter), term to expire September 2, 2001 - MADE APPOINTMENT



PUBLIC PRESENTATIONS


8) 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
Pe-Pz

All Ayes



































Pe-Pz

All Ayes

9) 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 Peterson discussed correspondence from Los Angeles County Supervisor Michael D. Antonovich regarding results of a study conducted in L.A. County revealing a high level of bacteria in water dispensed by vending machines. Supervisor Peterson further stated that although the State of California has jurisdiction over monitoring water quality offered by vending machines, regular inspections may not be occurring. Supervisor Perez concurred and also recommended pursuing legislation delegating local authority inspections of water vending machines - REFERRED TO ENVIRONMENTAL HEALTH SERVICES TO DEVELOP A PLAN ADDRESSING THIS CONCERN IN KERN COUNTY AND REPORT BACK TO THE BOARD; REFERRED TO COUNTY ADMINISTRATIVE OFFICE FOR ANALYSIS OF LEGISLATION



Supervisor Peterson expressed concern regarding information provided in the Hydrology Manual used by Engineering and Survey Services - REFERRED TO RESOURCE MANAGEMENT AGENCY AND ENGINEERING AND SURVEY SERVICES TO ESTABLISH A REVIEW COMMITTEE, INCLUDING MEMBERS OF THE STATE ASSOCIATION OF ENGINEERS, TO STUDY THE HYDROLOGY MANUAL AND REPORT BACK TO THE BOARD IN ONE MONTH



As members of the Local Agency Formation Commission, Supervisor Peterson and Supervisor Perez explained the recent LAFCO decision to deny expansion of the City of Bakersfield's Sphere of Influence



DEPARTMENTAL REQUESTS


ASSESSOR-RECORDER

Pe-Pa

All Ayes

*10) Proposed Agreement with Geographica to provide development of a pilot project for automated cadastral mapping of properties in Kern County in an amount not to exceed $40,000.00 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 752-98
AUDITOR-CONTROLLER-COUNTY CLERK
Pe-Pa

All Ayes

*11) Certificate of Appointments for the General Election to be held November 3, 1998 - APPOINTED THE PERSONS NAMED IN OFFICIAL APPOINTMENTS



CLERK OF THE BOARD
Pe-Pa

All Ayes

*12) Proposed donation of surplus medical equipment and miscellaneous outdated disposable medical supplies to HELPS International, Dallas, Texas, from Kern Medical Center; and surplus police equipment to State of Hidalgo, Mexico, Police Department from the Sheriff's Department - APPROVED
Pe-Pa

All Ayes

*13) Notice from California Department of Corrections to expand lease space at 2019 Westwind Drive, Suite C, requesting approval of project, or indicate the County does not have any objections - AUTHORIZED CHAIRMAN TO SIGN NOTIFICATION RESPONDING THAT THE COUNTY HAS NO OBJECTIONS



DISTRICT ATTORNEY
Pe-Pa

All Ayes

*14) Proposed agreement with Laboratory Corporation of America Holding, for genetic testing for paternity, in an amount not to exceed $171,000.00 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 753-98
EMPLOYERS' TRAINING RESOURCE
Pe-Pa

All Ayes

*15) Proposed Agreement with Kern County Superintendent of Schools, SECG (8%-30%) Funds, in the amount of $52,000 to provide work-based and school-based learning activities for the period October 1, 1998 through June 30, 1999 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 754-98 AND NECESSARY DOCUMENTS
FIRE DEPARTMENT
Pe-Pa

All Ayes

*16) Request for acceptance of Donation of $5,000 from U.S. Borax - ACCEPTED DONATION; AUTHORIZED CHAIRMAN TO SIGN LETTER OF APPRECIATION
Pe-Pa

All Ayes

*17) Proposed Amendment No. 1 to Fire Protection Agreement with State of California Department of Forestry and Fire Protection, increasing the maximum payable by $1,103,166 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 755-98
Pe-Pa

All Ayes

*18) Deletion of Six Fire Engineer and Six Firefighter Positions, effective September 29, 1998 - APPROVED; REFERRED TO PERSONNEL DEPARTMENT TO AMEND THE DEPARTMENTAL POSITIONS AND SALARY SCHEDULE



KERN MEDICAL CENTER
Pa-Pe

All Ayes

19) Notification of anticipated retroactive approval of agreement for professional medical services with Mark Nystrom, M.D. - RECEIVED AND FILED
Pe-Pz

All Ayes

20) Notification of anticipated retroactive approval of agreement for professional medical services with Shabbir A. Shakir M.D. - RECEIVED AND FILED
Pe-Mc

All Ayes

21) Notification of anticipated retroactive approval of agreement for professional nursing services with American Mobile Nurses - RECEIVED AND FILED
Pa-Mc

All Ayes

22) Notification of anticipated retroactive approval of affiliation agreement with Kern Community College District for clinical experience for their Health Careers Program students - RECEIVED AND FILED
Pe-Pa

All Ayes

*23) Proposed retroactive approval of Agreement for Professional Physician Services with Douglas Orsel, M.D., (prior notification September 15, 1998) from June 1 to December 31, 1998, in an amount not to exceed $50,000 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 756-98; ADOPTED RESOLUTION 98-315 FOR ASSUMPTION OF MALPRACTICE LIABILITY COVERAGE FOR DOUGLAS ORSEL, M.D., INDEPENDENT CONTRACTOR, FOR PROFESSIONAL SERVICES RENDERED ON BEHALF OF KERN MEDICAL CENTER
Pe-Pa

All Ayes

*24) Unusual travel request for Jack H. Bloch, M.D., to attend 84th Annual Clinical Congress of the American College of Surgeons, and Semi-Annual Meeting of Program Directors in Surgery in Orlando, Florida, October 23-30, 1998, in an amount not to exceed $2,500 - APPROVED



MENTAL HEALTH
Pe-Pa

All Ayes

*25) Proposed Amendment No. 1 ($6,320.00) to Agreement with California State Department of Mental Health for FY 1997-98 for provision of long-term services to clients in the Conditional Release Program (CONREP), for a total contract amount of $3,064,951.00 (revenue to County) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 757-98
Pe-Pa

All Ayes

*26) Proposed agreement with Rosie Witt, M.F.C.C. for FY 1998-99 (October 1, 1998 to June 30, 1999) for provision of mental health services to at-risk children residing in the metropolitan Bakersfield area in an amount not to exceed $35,000.00 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 758-98
Pe-Pa

All Ayes

*27) Proposed Amendment No. 6 ($95,000.00) to Agreement with Henrietta Weill Memorial Child Guidance Clinic, Inc., (three-year contract) for provision of outpatient services to children residing in the Delano area, for a total contract amount not to exceed $2,034,397.00 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 759-98



SHERIFF
Pe-Pa

All Ayes

*28) Application to hold a parade, North Bakersfield Recreation and Parks District on December 12, 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
Pe-Pa

All Ayes

*29) Donation of a 1971 Thiokol trailer CALIFORNIA LICENSE #JF3229, SERIAL #182 and a 1971 Thiokol snowcat CALIFORNIA LICENSE #SM04081, SERIAL #615 to the Kern County Search and Rescue Unit from Network Computing Systems - APPROVED DONATION; ORDERED THE 1971 THIOKOL TRAILER AND 1971 THIOKOL SNOWCAT ADDED TO SHERIFF'S DEPARTMENT INVENTORY; AUTHORIZED CHAIRMAN TO SIGN LETTER OF APPRECIATION
Pe-Pa

All Ayes

*30) Proposed amendment to agreement with Correctional Foodservice Management to add the sale of inmate meals at Sheriff's Downtown Jail - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 760-98
Pe-Pa

All Ayes

*31) Request to authorize the Sheriff to sign contract with AT&T for "Language Line" interpreter services - APPROVED; AUTHORIZED SHERIFF TO SIGN
Pe-Pa

All Ayes

*32) Proposed Budget Transfer of $47,000 from Sheriff's Fingerprint Trust Fund #00184 to Budget Unit 2210 for sole source purchase of Latent Fingerprint Enhancement System from Photometrics - APPROVED THE APPROPRIATION OF UNANTICIPATED REVENUE FROM SHERIFF'S AUTOMATED FINGERPRINT TRUST ACCOUNT #00184 IN THE AMOUNT OT $47,000 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER OF $47,000 FROM APPROPRIATIONS FOR CONTINGENCIES TO BUDGET UNIT 2210; AUTHORIZED THE USE OF PHOTOMETRICS AS A SOLE SOURCE VENDOR



CLOSED SESSION


COUNTY ADMINISTRATIVE OFFICE

Pz-Pe

All Ayes

33) Request for closed session regarding meet and confer with KCPA, KFA AND CCAPE -



COUNTY COUNSEL
WITH-

DRAWN

34) Request for closed session regarding a lawsuit 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)) -



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 29, 1998



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 NON-CONTROVERSIAL 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
DEPARTMENTAL REQUESTS


AIRPORTS DEPARTMENT

Pa-Pz All Ayes *3) Proposed amendment to Lease and Concession Agreement with Republic Parking Systems for parking management services at Meadows Field Airport, in an amount not to exceed $190,000 - 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 761-98
Pa-Pz All Ayes *4) Proposed amendment to Lease Agreement with Bill and Sherry Keith to relocate aircraft hangar; No fiscal impact - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15303; DIRECTED CLERK OF THE BOARD TO COMPLETE AND FILE NOTICE OF EXEMPTION; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 762-98
Pa-Pz All Ayes *5) Proposed Consent to Assignment from US Airports California to Airport Group International, Inc., at Meadows Field Airport - 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



COUNTY ADMINISTRATIVE OFFICE
Pa-Pz All Ayes *6) Proposed Job Creation Plan for submittal to California Trade and Commerce Agency Job Creation Investment Fund Grant Program and adopt Resolution - APPROVED; ADOPTED RESOLUTION 98-316
Pa-Pe

All Ayes

7) Proposed Creation of Aging and Adult Services Department - FRANK GUILLARD, CHAIRMAN, KERN COUNTY COMMISSION ON AGING, HEARD; APPROVED IN CONCEPT; DIRECTED COUNTY ADMINISTRATIVE OFFICE TO BRING BACK ORDINANCE TO ESTABLISH AGING AND ADULT SERVICES DEPARTMENT AND A POSITION OF DIRECTOR OF AGING AND ADULT SERVICES ON OCTOBER 6, 1998



Legislative Matters
Pa-Pz All Ayes *8) Proposition 4: Trapping Practices - ADOPTED POSITION IN OPPOSITION; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE


COUNTY ADMINISTRATIVE OFFICE

General Services



S.D. #3

Pa-Pz All Ayes *9) (8920.12713008) Plans and specifications for demolition of substandard structure at 1348 Lincoln Street, Bakersfield - APPROVED PLANS AND SPECIFICATIONS; AUTHORIZED GENERAL SERVICES TO PREPARE REQUISITION FOR PURCHASING AGENT TO SOLICIT BIDS
Pa-Pz All Ayes *10) Proposed Amendment to Lease of 2621 Oswell Street, Suites 111, 113, 115 & 117, Bakersfield, to provide additional office space for Mental Health Department's Children's Services office - 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 763-98



S.D. #4
Pa-Pz All Ayes *11) Proposed Amendment to Lease of Portion of 5121 Stockdale Highway, Suite 100, Bakersfield, to provide additional space and remodel existing space for use by Employers' Training Resource - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 1530; DIRECTED CLERK OF THE BOARD TO COMPLETE AND FILE NOTICE OF EXEMPTION; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 764-98
Pa-Pz All Ayes *12) Proposed amendment to Franchise Ordinance F-416, Gary Drilling Company - ADOPTED RESOLUTION 98-317 SETTING HEARING FOR TUESDAY, OCTOBER 20, 1998, AT 2:00 P.M.; DIRECTED CLERK OF THE BOARD TO PUBLISH


S.D. #5
Pa-Pz All Ayes *13) (1960.8242) Proposed Agreement for Engineering Services with Cornelius Consulting Group, in the amount of $16,900.00, to provide electrical engineering services for Mental Health Clinics at Sagebrush Medical Plaza - APPROVED; AUTHORIZE CHAIRMAN TO SIGN AGREEMENT 765-98
Pa-Pz All Ayes *14) (1960.8242) Proposed Agreement for Engineering Services with Mechanical Design Concepts, in the amount of $8,500.00, to provide mechanical engineering services for Mental Health Clinics at Sagebrush Medical Plaza - APPROVED; AUTHORIZE CHAIRMAN TO SIGN AGREEMENT 766-98
Pa-Pz All Ayes *15) (8920.16804116) Plans and specifications for demolition of substandard structure at 1010 Padre Street, Bakersfield - APPROVED PLANS AND SPECIFICATIONS; AUTHORIZED GENERAL SERVICES TO PREPARE REQUISITION FOR PURCHASING AGENT TO SOLICIT BIDS
Pa-Pz All Ayes *16) (8920.29973) Bid results and proposed contract with low bidder, ABBA Engineering, Inc., in the amount of $128,985.00, for construction of a new Restroom Facility at Lamont Park - CONTINUED TO TUESDAY, OCTOBER 6, 1998, AT 2:00 P.M.
Pa-Pz All Ayes *17) (8997.7001CY) Plans and specifications for Kern Medical Center "E" Wing Emergency Power Redistribution - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301(a); AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTION; APPROVED PLANS AND SPECIFICATIONS; AUTHORIZED CHAIRMAN TO SIGN PLANS; AUTHORIZED GENERAL SERVICES TO PREPARE REQUISITION FOR PURCHASING AGENT TO SOLICIT BIDS


COUNTY ADMINISTRATIVE OFFICE

Information Technology Services

Mc-Pz

All Ayes

18) Application Impact Analysis by Sungard Planning Solutions, Inc., regarding Information Technology Services Disaster Recovery Plan - RECEIVED AND FILED



COUNTY COUNSEL
Pa-Pz All Ayes *19) Request of the Sheriff's Department Central Receiving Facility to destroy records no longer needed and eligible for destruction - APPROVED
Pa-Pz All Ayes *20) Request of the Health Department to destroy records no longer needed and eligible for destruction - APPROVED
Pa-Pz All Ayes *21) Proposed addition of one (1) full-time Senior Office Automation Analyst and one (1) full-time Workers' Compensation Adjuster I/II/III, and deletion of one (1) full-time Systems Coordinator I and one (1) full-time Workers' Compensation Adjuster I/II/III contract employee, effective September 29, 1998 - APPROVED; REFERRED TO PERSONNEL DEPARTMENT TO AMEND THE DEPARTMENT POSITIONS AND SALARY SCHEDULE
RESOURCE MANAGEMENT AGENCY

Community Development Department



S.D. #4

Pa-Pz All Ayes *22) Proposed Project Agreement between the County of Kern and the City of Wasco to allocate Community Development Block Grant Funds for implementation of a multi-year/multi-phase project for Wasco Wastewater Treatment Plant Improvements - FUNDING: $500,000; Federal CDBG; Budgeted; FY 1997-98 and 1998-99 - APPROVED; AUTHORIZE CHAIRMAN TO SIGN AGREEMENT 767-98
S.D. #5
Pa-Pz All Ayes *23) Environmental Clearance Certification to Authorize Request for Release of Funds (RROF) for Arvin County Health Facility Remodeling Improvements, Arvin, CA - FUNDING: $123,000; CDBG; Budgeted FY 1997-98 - APPROVED CATEGORICAL EXCLUSION FOR ARVIN COUNTY HEALTH FACILITY IMPROVEMENTS PURSUANT TO HUD REGULATIONS AT 24 CFR 58.35; AUTHORIZED CHAIRMAN TO EXECUTE REQUEST FOR RELEASE OF FUNDS (RROF) AND CERTIFICATION FOR CD ACTIVITY #12.97.4 - ARVIN COUNTY HEALTH FACILITY IMPROVEMENTS; AUTHORIZED DIRECTOR OF COMMUNITY DEVELOPMENT PROGRAM DEPARTMENT TO SUBMIT REQUEST OF FUNDS (ROF) AND CERTIFICATION TO HUD
All S.D.s
Pa-Pz All Ayes *24) Local Government Statement of Certification relating to Housing Authority of the County of Kern Annual Performance Report for the Comprehensive Grant Program - FUNDING: No Fiscal Impact - AUTHORIZED CHAIRMAN TO SIGN LOCAL GOVERNMENT STATEMENT, AS AMENDED



RESOURCE MANAGEMENT AGENCY

Engineering & Survey Services Department



S.D. #3

Pa-Pz All Ayes *25) Resolution of Intention to Extend Boundaries of Zones of Benefit No. 5, No. 7 and No. 8 in County Service Area No. 71, Tract 5875; - ADOPTED RESOLUTION 98-318; INSTRUCTED ENGINEERING & SURVEY SERVICES DEPARTMENT TO MAIL NOTICES AND BALLOTS, ALONG WITH AN ENGINEER'S REPORT TO ALL PROPERTY OWNERS AFFECTED, AND TO CONDUCT A PUBLIC INFORMATIONAL MEETING IN COMPLIANCE WITH ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION; SET PUBLIC HEARING FOR FRIDAY, NOVEMBER 13, 1998, AT 2:00 P.M., TO RECEIVE PUBLIC INPUT AND TALLY BALLOTS; DIRECTED CLERK OF THE BOARD TO PUBLISH NOTICE OF HEARING AND FILE NOTICE OF EXEMPTION



RESOURCE MANAGEMENT AGENCY

Planning Department



S.D. #1

WITH-

DRAWN

*26) Summary Vacation of a portion of an existing alley from H.D. McCollough by Dave Russell, 278 feet North of Young

Ave., Lake Isabella area, Map 64-6 -



RESOURCE MANAGEMENT AGENCY

Roads Department



S.D. #1

Pa-Pz All Ayes *27) Contract No. 98030, Accept Low Bid for Construction on Various Streets in Ridgecrest Area, CSA #84 - ACCEPTED LOW BID OF GRANITE CONSTRUCTION COMPANY IN THE AMOUNT OF $276,672.00; AUTHORIZED ROADS DEPARTMENT TO PREPARE NECESSARY CONTRACT DOCUMENTS AND RELEASE ALL OTHER BID GUARANTEES
Pa-Pz All Ayes *28) Proposed Agreement with Kern Dam Korner No. 1, Inc., for concrete improvements on Lake Isabella Boulevard at Kernville Road (Contract No. 98029) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 768-98



S.D. #2
Pa-Pz All Ayes *29) Proposed Utility Relocation and Common Use Agreement with Southern California Edison for Oak Creek Road Overpass Project - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 769-98
Pa-Pz All Ayes *30) Request from Union Pacific Railroad for Road Closure on Tehachapi Blvd. at the Union Pacific Railroad for approximately eight (8) hours one day the week of October 11, 1998 - APPROVED; ADOPTED RESOLUTION 98-319 IF CONDITIONS RECOMMENDED BY ROADS ARE MET


S.D. #3
Pa-Pz All Ayes *31) Calloway Drive Widening Project; Approve settlement offer of $31,418 plus drive approach and sidewalk improvements and all escrow and closing costs except current property taxes and assessments, Escrow Instructions for right-of-way acquisition of Lott/Hawkins property (Parcel I), and Accept Grant Deed - APPROVED; APPROVED ESCROW INSTRUCTIONS; AUTHORIZED CHAIRMAN TO SIGN; ACCEPTED DEED; AUTHORIZED AUDITOR-CONTROLLER TO EFFECT PAYMENT
Pa-Pz All Ayes *32) Calloway Drive Widening Project; Approve settlement offer of $107,000 and Escrow Instructions for right-of-way acquisition of Melvina Hess-Terry property (Parcel D) and Accept Grant Deed - APPROVED SETTLEMENT AND ALL ESCROW AND CLOSING COSTS EXCEPT CURRENT PROPERTY TAXES AND ASSESSMENT; APPROVED ESCROW INSTRUCTIONS; AUTHORIZED CHAIRMAN TO SIGN; ACCEPTED GRANT DEED; AUTHORIZED AUDITOR-CONTROLLER TO EFFECT PAYMENT
Pa-Pz All Ayes *33) Contract No. 98023, Contract Change Order No. 3 for Meadows Field Taxiway "A" Rehabilitation and Taxiway Lighting Circuit Replacement in the amount of $6,505.15 increase - APPROVED; AUTHORIZED CHAIRMAN TO SIGN


S.D. #4
Pa-Pz

All Ayes

*33A) Contract No. 99007, Construction of Asphalt Concrete (Windrow Stockpile) on Gun Club Road with CalMat Company, dba as Industrial Asphalt, in the amount of $200,800.00 (from 9/22/98, 2:00 p.m., Item #23) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN



S.D. #5
Pa-Pz All Ayes *34) Contract No. 98005, Notice of Completion for Construction on Various Roads in the Lamont Area - RECEIVED AND FILED


WASTE MANAGEMENT DEPARTMENT

S.D. #1 & #2

Pa-Pz All Ayes *35) Contract No. 96008; Notice of Completion for Leachate Management System at BENA Sanitary Landfill; Project No. 8999-7210 - RECEIVED AND FILED



All S.D.'s
Pa-Pz All Ayes *36) Proposed Agreement with the City of Ridgecrest for use of the City of Ridgecrest's Civic Center Parking Lot, October 31, 1998, for the Ridgecrest/Inyokern Area Household Hazardous Waste Collection Event - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 770-98
Pa-Pz All Ayes *37) Proposed Agreement with the Shafter/Wasco Irrigation District, for the use of the Shafter/Wasco Irrigation District's Parking Lot, October 31, 1998, for the Shafter/Wasco/Delano/McFarland Area Household Hazardous Waste Collection Event - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 771-98
Pa-Pz All Ayes *38) Proposed Agreement with Benz Sanitation, for the use of Benz Sanitation's Parking Lot, October 31, 1998, for the California City/Tehachapi/Mojave/Boron Area Household Hazardous Waste Collection Event - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 772-98
Pa-Pz All Ayes *39) Proposed Agreement with Westside Recreation & Park District, for the use of Westside Recreation and Park District's Franklin Field Parking Lot, October 31, 1998, for the Taft/Maricopa Area Household Hazardous Waste Collection Event - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 773-98
Pa-Pz All Ayes *40) Environmental Award Program - APPROVED $500.00 EXPENDITURE FOR ENVIRONMENTAL AWARD PROGRAM










MATTERS FOR EXECUTIVE APPROVAL
Pa-Pz All Ayes *41) Budget Transfers - APPROVED #32 THROUGH #39
Pa-Pz All Ayes *42) Minutes for the Week of August 31, 1998 - APPROVED
Pa-Pz All Ayes *43) Miscellaneous Letters and Documents - FILED
Pa-Pz All Ayes *44) Miscellaneous Departmental Referrals by Clerk of the Board - APPROVED AND FILED
Pa-Pz All Ayes *45) Claims and Lawsuits filed with and referred by Clerk of the Board - APPROVED AND FILED


Pz-Pa


ADJOURNED TO TUESDAY, OCTOBER 6, 1998, AT 10:00 A.M.





______________________________

Administrative Coordinator







______________________________

Chairman, Board of Supervisors



43) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED
Board of Supervisors
A) Thank you letter to Stuart Witt re his donation of two (2) child safety seats to the Kern County Sheriff's Department (Copy to each Supervisor, CAO and Sheriff)
Clerk of the Board
B) Letter of resignation from Donald E. Dudley from the Local Child Care and Development Planning Council (Copy to each Supervisor and CAO)
C) Letter of resignation from Lani Gianquinto from the Heritage Commission (Copy to each Supervisor and CAO)
County Administrative Office
D) Letter re proposed establishment of Bay Networks, Inc. as the countywide standard for routers and switches (Copy to each Supervisor)
Local Agency Formation Commission
E) Proceeding No. 1249, Report and Recommendation in the matter of McAllister Ranch Irrigation District: Formation (Copy to each Supervisor and CAO)
F) Minutes of meeting from August 25, 1998 (Copy to each Supervisor and CAO)
G) Agenda of meeting for September 22, 1998 (Copy to each Supervisor and CAO)
Retirement Association
H) Letter to Michael Bradley, Chairman of K.C.E.R.A., re Kern County's position regarding the Supplemental Retiree Benefit Reserve (Copy to each Supervisor, CAO and County Counsel)
I) Letter to Michael Bradley, Chairman of K.C.E.R.A. re retirees death benefits (Copy to each Supervisor, CAO and County Counsel)
Waste Management
J) Memorandum to Steve McCalley, Director Environmental Health re Constituent's Letter regarding activities at a Site in Maricopa (Copy to each Supervisor and CAO)
Miscellaneous
K) Letter from Department of Transportation re CTC Resolution No. R3372 for relinquishment of right of way on State Route 119, at Buena Vista Road, Rel. Req. No. 83477, was recorded on September 4, 1998 as Document No. 0198121369; Resolution No. 98-121, dated April 14, 1998 (Copy to each Supervisor, CAO and Roads)
L) Letter from Law Offices of Gordon A. Drescher re Board meeting from September 15, 1998 re Biosolids Ordinance (Copy to each Supervisor, CAO, County Counsel and RMA)
M) Letter from Joyce LoBasso requesting the hearing scheduled for September 28, 1998 re Kern County Land Division Ordinance to be postponed (Copy to each Supervisor, CAO, County Counsel and Planning)
N) Letter from Law Offices of Brent & Klein to Kern County Employees Retirement Association re pension benefits for Ben Austin(Copy to each Supervisor, CAO and County Counsel)
O) Letter from Board of Corrections re Juvenile Crime Enforcement and Accountability Challenge Grant Program (Copy to each Supervisor, CAO, Sheriff and Probation)
P) Six (6) letters from concerned County Employees re Salary inequity (Copy to each Supervisor, CAO and County Counsel)
Q) Letter and Workshop from United States Department of Agriculture re Sierra Nevada Framework for Conservation and Collaboration for October 3, 1998 (Copy to each Supervisor, CAO, RMA, ESS and Planning)
R) Letter from United States Department of Agriculture re Southern California Edison's Kern River No. 3 (KR3), Federal Energy Regulatory Commission (FERC) Hydroelectric Project No. 2290-006 (Copy to each Supervisor, CAO, Planning and County Counsel)
S) Federal Energy Regulatory Commission, Order Granting Extension of Time, Project No. 1930-017 in the matter of Southern California Edison Company (Copy to each Supervisor, CAO, County Counsel, Planning and ESS)
T) Resolution of the Kern County Board of Education, designating October 1998 as "Declaration Month" for "Just Say No" to drugs and Red Ribbon Campaign (Copy to each Supervisor and CAO)
U) Notice of Decision Exchange of Lands in Kern County, California Case #CACA 31270-Phase 3 (Copy to Each Supervisor, CAO, County Counsel and ESS)
V) National Criminal Justice Reference Service catalog for July/August 1998 (Copy to each Supervisor and CAO)
W) National Institute of Justice Journal titled "Pulling Levers: Getting Deterrence Right" (Copy to each Supervisor and CAO)
X) Mojave Desert News article re "Sludge-An Overview" (Copy to each Supervisor, CAO, County Counsel, RMA and EHS)
Y) U.S. Department of the Interior, Bureau of Reclamation news release re Availability of Draft Environmental Documentation for Proposed Contra Costa Water District Multi-Purpose Pipeline (Copy to each Supervisor and CAO)
Z) Minutes of meeting for Department of Fish and Game, Wildlife Conservation Board from August 13, 1998 (Copy to each Supervisor and CAO)
AA) Minutes of meeting for Kern Council of Governments, Transportation Planning Policy Committee from July 16, 1998 (Copy to each Supervisor, CAO and Roads)
44) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD -APPROVED AND FILED
A) Letter from John Stevens re Baker Grade Road Resolution No. 68-133 -REFERRED TO ROADS (Copy to County Counsel)
45) CLAIMS AND LAW SUITS FILED WITH AND REFERRED BY THE CLERK OF THE BOARD - APPROVED AND FILED
A) Summons and complaint in the matter of Dennis Joseph Cordova vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
B) Claim in the matter of Joseph De La O and Mercy De La O vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
C) Summons in a Civil Case with United States District Court in the matter of Anil M. Shah vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
D) Subrogation Notice in the matter of Aretha Williams vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)