SUMMARY OF PROCEEDINGS



BOARD OF SUPERVISORS - COUNTY OF KERN



1115 Truxtun Avenue

Bakersfield, California



Regular Meeting

Monday, October 12, 1998



2:00 P.M.



BOARD RECONVENED

Supervisors: McQuiston, Perez, Patrick, Peterson, Parra

ROLL CALL: All Present



SALUTE TO FLAG - Led by Supervisor Patrick



NOTE: SUPERVISOR PARRA REMEMBERED STEPHEN TAUZER, ASSISTANT DISTRICT ATTORNEY, WHO IS IN CRITICAL CONDITION IN THE HOSPITAL, DURING THE MOMENT OF SILENCE



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

Pz-Pe

All Ayes

3) Request from Donald and Margaret Jones to change the permitted uses from Residential to Commercial on approximately 3/4 acre located at 2952 "B" Street, Rosamond. (SD 2)

Specific Request:

(1) Amend the Rosamond Specific Plan from Residential to Commercial or a more restrictive map code (GPA #5, Map #230-20); and

(2) A change in zone classification from R-3 to C-2 or a more restrictive district (ZCC #39, Map #230-20)

(Negative Declaration; Published Rosamond Weekly News; Continued from 9/14/98 as Item 4B) - (Tape 1856) OPENED HEARING; DONALD JONES HEARD IN OPPOSITION TO RECOMMENDATION



5 MINUTE RECESS



BOARD RECONVENED



Supervisors: McQuiston, Perez, Patrick, Peterson, Parra

ROLL CALL: All Present



DONALD JONES HEARD IN OPPOSITION TO RECOMMENDATION; ROBERT SCHERER HEARD IN SUPPORT OF RECOMMENDATION; CLOSED HEARING; RECEIVED AND FILED DOCUMENTS; ADOPTED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTIONS 98-322 AND 98-323 AND ENACTED ORDINANCE G-6534 APPROVING GENERAL PLAN AMENDMENT AND APPROVING ZONE CHANGE AS REQUESTED



Pe-Pz

All Ayes



4)


Request from Rupinder Jhaj by Pasquini Engineering to change the permitted uses from Agriculture to Commercial for a Texaco Food Mart with a Taco Bell Express and a recreational vehicle/boat storage building and to remove the property from an Agricultural Preserve on approximately 19 acres located at the southwest corner of Taft-Bakersfield Highway and Enos Lane, approximately six miles southwest of Bakersfield. (SD 4)

Specific Request:

(1) Amend the Kern County General Plan from Agriculture to Commercial or a more restrictive map code designation (GPA #4, Map #140);

(2) A change in zone classification from A to M-1 PD or a more restrictive district (ZCC #10, Map #140);

(3) A Precise Development Plan for a Texaco Food Mart with a Taco Bell Express and a recreational vehicle/boat storage building (PD Plan #1, Map #140); and

(Continued on Page 3)

(Continued from Page 2)

(4) Exclusion of approximately 19 acres from an Agricultural Preserve (Ag Pres #10 - Excl)

(Negative Declaration; Published Daily Midway Driller; Continued from 9/14/98 as Item 4E) - (Tape 1856) OPENED HEARING; RANDALL ABBOTT HEARD ON BEHALF OF RUPINDER JHAJ; CLOSED HEARING; ADOPTED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTIONS 98-322, 98-324, 98-325, AND 98-326 AND ENACTED ORDINANCE G-6535 APPROVING GENERAL PLAN AMENDMENT, ZONE CHANGE, PRECISE DEVELOPMENT PLAN SUBJECT TO CONDITIONS, AND EXCLUSION FOR THE ENTIRE 19 ACRES



Pe-Pz

All Ayes



5)


Request from Resource Renewal Technology, Inc., to change the permitted uses from Mineral, Petroleum, Solid Waste Facilities, and Agriculture to Industrial to allow the reclamation of soils contaminated with nonhazardous material, including petroleum, the collection, storage, and recycling of construction and demolition wastes, and tire storage located on the north side of Maricopa Highway, approximately 2 1/2 miles east of Maricopa. (SD 4)

Specific Request:

(1) Amend the Kern County General Plan from Mineral, Petroleum, and Solid Waste Facilities to Service Industrial or a more restrictive map code designation (GPA #2, Map #206);

(2) A change in zone classification from A-1 to M-2 or a more restrictive district (ZCC #21, Map #206); and

(3) A Conditional Use Permit to allow the reclamation of soils contaminated with nonhazardous material, including petroleum, the collection, storage, and recycling of construction and demolition wastes, and tire storage in an M-2 District (CUP #15, Map #206)

(Negative Declaration; Published Daily Midway Driller; Continued from 9/14/98 as Item 4F) - (Tape 1856) OPENED HEARING; NO ONE HEARD; CLOSED HEARING; ADOPTED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTIONS 98-322, 98-327, AND 98-328 AND ENACTED ORDINANCE G-6536 APPROVING GENERAL PLAN AMENDMENT, APPROVING THE MORE RESTRICTIVE M-2 PD (MEDIUM INDUSTRIAL - PRECISE DEVELOPMENT COMBINING) DISTRICT, AND APPROVING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS, TO BECOME EFFECTIVE ONLY IF AN APPROVED FINANCIAL ASSURANCE IS POSTED PRIOR TO DECEMBER 12, 1998, TO ASSURE RECLAMATION OF THE PROPERTY UPON CESSATION OF ACTIVITIES

HEARINGS



RESOURCE MANAGEMENT AGENCY

Planning Department

Pz-Pa

All Ayes

6) Appeal from Ephraim Camacho to overturn the Board of Zoning Adjustment approval of a dairy in an A District on 1159.25 acres located at the northeast corner Bear Mountain Boulevard and South Union Avenue, Bakersfield. (SD 2)

Specific Request:

An appeal of the decision of the Board of Zoning Adjustment for the approval of CUP # 32, Map #143 to allow a dairy in an A District (Appeal #3, Map #143)

(Negative Declaration; Published Bakersfield Californian) - (Tape 1856 & 1857) OPENED HEARING; EPHRAIM CAMACHO, FIELD COORDINATOR, CENTER ON RACE, POVERTY, AND THE ENVIRONMENT; AND LUKE COLE, CENTER ON RACE, POVERTY, AND THE ENVIRONMENT, HEARD IN OPPOSITION TO RECOMMENDATION; ROY WEYGAND, PRESIDENT OF KERN TAX; MARTIN LEVINE, VALLEY MANAGEMENT SYSTEMS; RANDY KRAUSE, REPRESENTING RICHMAR FARMS; MARTHA WALTERS; NORMAN WALTERS; AND HAROLD TILLEMA HEARD IN SUPPORT OF STAFF RECOMMENDATION; CLOSED HEARING; RECEIVED AND FILED DOCUMENTS; ADOPTED RESOLUTION 98-329 DISAPPROVING APPEAL AND UPHOLDING THE DECISION OF THE BOARD OF ZONING ADJUSTMENT

DEPARTMENTAL REQUESTS



RESOURCE MANAGEMENT AGENCY

Planning Department







Pe-Pz

All Ayes







*7)
Miscellaneous

S.D. #1, 3, 4



Request from North Bakersfield Recreation and Park District for an amendment to the Kern County Ordinance Code adding Chapter 17.70 establishing a $615 per dwelling unit park fee on new development - 1) SET MONDAY, NOVEMBER 9, 1998, AT 2:00 P.M., AS DATE TO CONSIDER REQUESTED ORDINANCE; 2) DESIGNATED COUNTY COUNSEL AS OFFICIAL TO PREPARE A FAIR AND ADEQUATE SUMMARY OF THE PROPOSED ORDINANCE; AND 3) DIRECTED CLERK OF THE BOARD TO PUBLISH





Pe-Pz

All Ayes





*8)
S.D. #1

Request by Harvey D. Welfl for Determination of Public Convenience for the issuance of an off-sale beer and wine license at 4467 Highway 395, north of Inyokern, pursuant to the Alcohol Beverage Control Act, Section 23958 of the Business and Professions Code - APPROVED; ADOPTED RESOLUTION 98-330

Pz-Pe ADJOURNED TO TUESDAY, OCTOBER 13, 1998, AT 10:00 A.M.





Deputy Clerk





Chairman, Board of Supervisors



SUMMARY OF PROCEEDINGS



BOARD OF SUPERVISORS - COUNTY OF KERN



1115 Truxtun Avenue

Bakersfield, California



Regular Meeting

Tuesday, October 13, 1998



10:00 A.M



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

RESOLUTIONS/PROCLAMATIONS
Pe-Pz

All Ayes

* 1) Proclaim October 15th - 18th, 1998 as Mesa Marin Raceway's 23rd Annual October Classic in Kern County - PROCLAIMED; REFERRED TO CLERK OF THE BOARD FOR PREPARATION



2) Presentation to Sharon Clark in recognition of being the first representative from Kern County to serve as President of the State Association of County Retirement Systems - MADE PRESENTATION TO SHARON CLARK; SHARON CLARK HEARD
Pe-Pz

All Ayes

* 3) Resolution honoring the International Trade and Transportation Center upon initial phase ground breaking, presented October 7, 1998 - ADOPTED RESOLUTION



PUBLIC REQUESTS
Pz-Pe

All Ayes

4) Request from Kern Family Health Care to present a check for early debt repayment in full to the County - CAROL SORRELL, CHIEF EXECUTIVE OFFICER OF KERN FAMILY HEALTH CARE, HEARD AND INTRODUCED BOARD OF DIRECTOR MEMBERS PETER BRIAN AND DR. ED BROWN; FRED DREW, DIRECTOR OF EMERGENCY MEDICAL SERVICES, HEARD; RECEIVED AND FILED

APPOINTMENTS
Pe-Pz

All Ayes

* 5) Appointment of J. L. Rosenlieb as Third District Member to the Planning Commission effective January 1, 1999, for one term - MADE APPOINTMENT
Pe-Pz

All Ayes

* 6) Appointment of Clarissa (Pat) Cheadle to the Local Child Care Development Planning Council, (replacing Don Dudley) term to expire June 30, 2000 - MADE APPOINTMENT
PUBLIC PRESENTATIONS
6A) 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

6B) 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 PARRA WISHED SUPERVISOR PATRICK HAPPY BIRTHDAY
DEPARTMENTAL REQUESTS


CLERK OF THE BOARD

Pz-Pa

All Ayes





Pz-Mc

All Ayes

7) Selection of California State Association of Counties (CSAC) Board of Director Members for 1999 - SELECTED SUPERVISOR PETERSON AS MEMBER



SELECTED SUPERVISOR PATRICK AS ALTERNATE MEMBER; DIRECTED CLERK OF THE BOARD TO PROVIDE NOTIFICATION TO CSAC

DISTRICT ATTORNEY
Pe-Pz

All Ayes

* 8) Proposed addition of one Deputy District Attorney I position, effective October 24, 1998; Appropriate Unanticipated Revenue of $37,300 - APPROVED; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE; APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $37,300 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER FROM APPROPRIATIONS FOR CONTINGENCIES IN THE AMOUNT OF $37,300 TO DISTRICT ATTORNEY BUDGET UNIT 2180
EMERGENCY MEDICAL SERVICES
Pe-Pz

All Ayes

* 9) Request approval to pay claim in an amount not to exceed $995 to Computer Consulting Group for Personal and Professional Services - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PAY

FIRE DEPARTMENT
Pz-Pa

All Ayes

10) Request for acceptance of Donation of Ten Surv/Valink Model Save R AED Units, valued at $39,500 - HARVEY HALL, PRESIDENT/FOUNDER OF HALL AMBULANCE SERVICE, AND FRED DREW, DIRECTOR OF EMERGENCY MEDICAL SERVICES, HEARD; ACCEPTED DONATION; AUTHORIZED CHAIRMAN TO SIGN LETTER OF APPRECIATION
KERN MEDICAL CENTER
Pe-Pz

All Ayes

*11) Authorization to submit application for Kern County Community Development Block Grant funding to expand Elderlife Adult Day Health Care Center - APPROVED
Pe-Pz

All Ayes

*12) Unusual travel request for Timothy Borman, D. O., to attend the 69th AO ASIF Course to be held in Davos, Switzerland, from December 12 - 19, 1998, in an amount not to exceed $717 - APPROVED; AUTHORIZED AUDITOR/CONTROLLER TO PAY
Pe-Pz

All Ayes

*13) Reappointment of sixty physicians to Kern Medical Center medical staff membership; and 30-day extension of existing appointments for twenty-five physicians - APPROVED
Pe-Pz

All Ayes

*14) Request for active membership for Albert McBride, M.D., to the Surgery Department at Kern Medical Center - APPROVED
PARKS AND RECREATION
Pe-Pz

All Ayes

*15) Authorization to submit funding application for 1998-99 Public Resources Account; no fiscal impact - APPROVED; ADOPTED RESOLUTION 98-331
PROBATION DEPARTMENT
Pe-Pz

All Ayes

*16) Proposed Agreement with Optimal Pharmacy to provide pharmaceutical products and services for juveniles in custody, in an amount not to exceed $85,000, commencing October 23, 1998 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 792-98
Pe-Pz

All Ayes

*17) Proposed Addition of (1) Deputy Probation Officer III position and (1) Word Processing Technician III position for Victim/Witness Program, effective November 1, 1998 - APPROVED; REFERRED TO PERSONAL TO AMEND THE DEPARTMENTAL POSITIONS AND SALARY SCHEDULE; APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $70,115 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER FROM APPROPRIATIONS FOR CONTINGENCIES IN THE AMOUNT OF $70,115 TO PROBATION BUDGET UNIT 2340
PUBLIC HEALTH
Pe-Pz

All Ayes

*18) Request authorization to pay prior years' invoices from Laboratory Corporation of America in the amount of $2,340.05 - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PAY
SHERIFF
Pa-Pz

All Ayes

19) Proposed retroactive agreement with Ernest M. Solano, LCSW, PH.D., for psychological screening services for term June 30, 1998 through June 30, 2001 - RECEIVED AND FILED NOTIFICATION; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 793-98
SUPERIOR COURT
Pe-Pz

All Ayes

*20) Request to establish salary of Senior Juvenile Referee at 81% of Superior Court Judge's salary, effective April 12, 1997 - APPROVED; REFERRED TO PERSONNEL DEPARTMENT TO AMEND THE DEPARTMENTAL POSITIONS AND SALARY SCHEDULE
TREASURER/TAX COLLECTOR
Pe-Pz

All Ayes

*21 Request for Modification on Costs for two Unisys DP500 Remittance Processing Imaging Modules in the amount of $8,675 - APPROVED
CLOSED SESSIONS



COUNTY ADMINISTRATIVE OFFICE

Mc-Pz

All Ayes

22) Request for Closed Session regarding Meet and Confer with KCPA, KFA, AND CCAPE -
COUNTY COUNSEL
Mc-Pz

All Ayes

23) Request for closed session regarding a lawsuit entitled Merly Tapia v. County of Kern, KCSC Case No. 234387-SPC (Government Code Section 54956.9(a)) -
Mc-Pz

All Ayes

24) Request for closed session regarding a lawsuit entitled Scott Kniffen, et al. v. County of Kern, et al., U.S.D.C., Eastern District of California, Case No. 97-5105 REC. (Government Code Section 54956.9 (a)) -
Pz-Mc RECONVENED FROM CLOSED SESSION; RECESSED TO 2:00 P.M.







Administrative Coordinator





Chairman, Board of Supervisors



SUMMARY OF PROCEEDINGS



BOARD OF SUPERVISORS - COUNTY OF KERN



1115 Truxtun Avenue

Bakersfield, California



Regular Meeting

Tuesday, October 13, 1998

2:00 P.M.

BOARD RECONVENED

Supervisors: McQuiston, Perez, Patrick, Peterson, Parra

ROLL CALL: All Present



CHAIRMAN PARRA INTRODUCED TWO STUDENT GUESTS FROM ARVIN HIGH SCHOOL, CHRISTINA RANGEL AND DENISE MORRIS.



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.



STAFF RECOMMENDATIONS 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]) - SUPERVISOR PEREZ REPORTED THAT HE AND SUPERVISOR PATRICK WILL BE ATTENDING THE SAN JOAQUIN VALLEY SUPERVISOR'S ASSOCIATION MEETING; SUPERVISOR MCQUISTON AND SUPERVISOR PETERSON WILL ATTEND THE SOUTHWEST DEFENSE ALLIANCE MEETING IN UTAH


DEPARTMENTAL REQUESTS


COUNTY ADMINISTRATIVE OFFICE

Mc-Pe All Ayes *3) Proposed Agreement with Bakersfield Symphony Orchestra, in an amount not to exceed $25,000 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 794-98
Mc-Pe All Ayes

*4) Proposed Agreement with Court Appointed Special Advocates of Kern, in an amount not to exceed $22,500 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 795-98
Mc-Pe All Ayes *5) Proposed Agreement with Arts Council of Kern, in an amount not to exceed $25,000 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 796-98
Mc-Pe All Ayes *6) Awards recommended by Employee Suggestion Award Committee to Rosemarie Thompson (White), in the amount of $100; and Gilbert Alaniz, in the amount of $100 - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PAY
Mc-Pe All Ayes *7) Proposed Agreement with Hilton Farnkopf & Hobson for the Waste Management System Assessment in an amount not to exceed $125,320 - CONTINUED TO TUESDAY, OCTOBER 27, 1998, AT 2:00 P.M.


COUNTY ADMINISTRATIVE OFFICE

General Services Division



S.D. #1

Pa-Mc

All Ayes



8)
Request for retroactive approval authorizing General Services to sign "Application for Land for Recreation or Public Purposes," dated April 10, 1996, to the Bureau of Land Management for the Ridgecrest Sanitary Landfill, and request authorization to continue negotiations - 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; AUTHORIZED AUDITOR-CONTROLLER TO PAY APPLICATION FEE OF $100.00 TO BUREAU OF LAND MANAGEMENT


S.D. #2
Mc-Pe All Ayes *9) Proposed Agreement for Lease of 16916- Highway 14, Mojave, for the Mojave Branch Library - 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 797-98
Pz-Pe

All Ayes

MOTION TO CONSIDER NON-AGENDA MATTER: MADE FINDING THAT NEED TO TAKE ACTION ON NON-AGENDA MATTER OCCURRED AFTER AGENDA WAS POSTED BECAUSE WRITTEN NOTICE OF THE OWNER'S OFFER WAS NOT RECEIVED UNTIL AFTER THE DEADLINE FOR SUBMITTING MATERIALS FOR THE AGENDA. TO FACILITATE THE CLOSE OF ESCROW ON THIS PROJECT BY NOVEMBER 28, 1998, THE PROPOSED HEARING MUST BE HELD ON NOVEMBER 10, 1998. IN ORDER TO MEET PUBLICATION REQUIREMENTS, THE BOARD MUST TAKE ACTION TODAY TO SET THE HEARING.
Pz-Pa

All Ayes

9A) Request to terminate condemnation action, and set hearing for the purchase of real property in Mojave, CA, for a sump site - APPROVED; ADOPTED RESOLUTION 98-332 SETTING HEARING FOR TUESDAY, NOVEMBER 10, 1998 AT 2:00 P.M.; DIRECTED CLERK OF THE BOARD TO PUBLISH THREE TIMES



S.D. #5
Mc-Pe All Ayes *10) (2183.7002E) Plans and specifications for installation of communication cabling conduit at the new Family Support/Crime Lab Facility - APPROVED PLANS AND SPECIFICATIONS; AUTHORIZED GENERAL SERVICES TO PREPARE REQUISITION FOR PURCHASING AGENT TO SOLICIT BIDS
Mc-Pe All Ayes *11) Proposed Amendment to Lease Agreement for a one-year extension of lease with San Joaquin Valley Unified Air Pollution Control District, for 2700 "M" Street, Suite 275, Bakersfield - 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 798-98


COUNTY COUNSEL

Hearing

Pa-Pe



















Pz-Pa

All Ayes

12) Proposed ordinance to establish permit fees for the land application of biosolids and adoption of a capital improvement plan - OPENED HEARING; ROY WEYGAND, PRESIDENT, KERN COUNTY TAXPAYERS ASSOCIATION; MARY K. SHELL, HARPER & SHELL ASSOCIATES, REPRESENTING LOCAL FOOD GROWERS; JIM STAHL, LOS ANGELES COUNTY; RICHARD SMITH, GENERAL COUNSEL, CALIFORNIA TRUCKING ASSOCIATION; ROGER McINTOSH HEARD; CLOSED HEARING; MOTION AND SECOND ON THE RECOMMENDATION WITHDRAWN



ENACTED ORDINANCE G-6537, AS AMENDED, ESTABLISHING AN APPLICATION FEE OF $7,250, VEHICLE INSPECTION FEE OF $250 PER VEHICLE, AND EXTENDED SERVICE FEE OF $75 PER HOUR; CONTINUED CONSIDERATION OF ESTABLISHMENT OF AN IMPACT FEE TO NOVEMBER 3, 1998 AT 2:00 P.M. AND REFERRED CONSIDERATION OF A CONDITIONAL USE PERMIT RELATIVE TO GROUND APPLICATION OF MATERIAL TO THE RESOURCE MANAGEMENT AGENCY FOR REPORT BACK TO THE BOARD; RECEIVED AND FILED DOCUMENTS

Mc-Pe All Ayes *13) Partial reconveyance of collateral in connection with K.V. Bottle Shop, Inc., Rental Rehabilitation Program Case in Lake Isabella - FUNDING: $34,800; Rental Rehabilitation Program - AUTHORIZED DIRECTOR TO EXECUTE DOCUMENTS TO RECONVEY COUNTY'S INTEREST IN VACANT PROPERTY, ASSESSORS' PARCEL NUMBER 263-092-07-00-6



S.D. #4
Mc-Pe All Ayes *14) Authorize Community Development Program Department to accept and process Application for Guaranteed Loan Funds from Rio Bravo Tomato Company, L.L.C., pursuant to Section 108 of the Housing and Community Development Act of 1974, as amended - FUNDING: No Fiscal Impact - AUTHORIZED DIRECTOR TO ACCEPT AND PROCESS SECTION 108 LOAN GUARANTEE APPLICATION


RESOURCE MANAGEMENT AGENCY

Engineering & Survey Services Department



S.D. #1

Mc-Pe All Ayes *15) Proposed Resolution of Disbursement of Revolving Fund Monies for CSA No. 84 (Franklin Avenue); Appropriate Unanticipated Revenues and transfer from Appropriations for Contingencies; FUNDING: $218,750; DISCRETIONARY; UNBUDGETED - APPROVED DISBURSEMENT OF $177,000 FROM COUNTY SERVICE AREA REVOLVING FUND (FUND 00520) TO CSA 84 (FUND 40905); ADOPTED RESOLUTION 98-334; APPROVED APPROPRIATION OF $6,750 IN UNANTICIPATED REVENUES TO CSA 84 (BU 9334); APPROVED TRANSFER OF $41,750 FROM APPROPRIATIONS FOR CONTINGENCIES TO CSA 84 (BU 9334)



S.D. #2
Mc-Pe All Ayes *16) Tract 5842, Phase 2, South of Orange Street, West of 35th Street West, Rosamond Area; Type "A" Subdivision; Porter-Robertson Inc., for Kaufman and Broad Land Company - ADOPTED RESOLUTION 98-335 MAKING FINDINGS OF FACT PER SEC. 21151 OF PUBLIC RESOURCES CODE, AND SEC. 66473.5, 66474 AND 65567 OF GOVERNMENT CODE; APPROVE FINAL MAP; AUTHORIZED CLERK OF THE BOARD TO SIGN; APPROVED IMPROVEMENT AND MONUMENTATION AGREEMENTS; AUTHORIZED CHAIRMAN TO SIGN; RECEIVED AND FILED DOCUMENTS; DIRECTED CLERK OF THE BOARD TO RECORD


RESOURCE MANAGEMENT AGENCY

Roads Department



S.D. #2

Mc-Pe All Ayes *17) Contract No. 99006, accept low bid for construction on Oak Creek Road at Union Pacific Railroad Company (PUC No. B-380.2A) - ACCEPTED LOW BID OF GRANITE CONSTRUCTION COMPANY IN THE AMOUNT OF $2,824,977; AUTHORIZED ROADS DEPARTMENT TO PREPARE NECESSARY CONTRACT DOCUMENTS AND RELEASE ALL OTHER BID GUARANTEES



S.D. #3
Mc-Pe All Ayes *18) Calloway Drive Widening Project; Approve settlement offer of $43,246, plus drive approach, sidewalk improvements, and Escrow Instructions for right-of-way acquisition of Coombs property (Parcel K), and accept Deed - APPROVED; AUTHORIZED CHAIRMAN TO SIGN ESCROW INSTRUCTIONS; ACCEPTED DEED; AUTHORIZED AUDITOR-CONTROLLER TO PAY
Mc-Pe All Ayes *19) Proposed "No Stopping Zones" on Roberts Lane at Ward Street and Wilson Avenue Intersections (North Side) - APPROVED; REFERRED TO COUNTY COUNSEL FOR PREPARATION OF ORDINANCE


S.D. #5
Mc-Pe All Ayes *20) Contract No. 97004, Notice of Completion for construction of traffic signals and highway lighting system on Bernard Street at River Boulevard - RECEIVED AND FILED




S.D. #2, #3 & #5
Mc-Pe All Ayes *21) Contract No. 98002, Notice of Completion for construction on various streets in the Bakersfield area - RECEIVED AND FILED


WASTE MANAGEMENT DEPARTMENT

S.D. #1 & #2

Mc-Pe All Ayes *22) Plans and Specifications for construction of Oil Recycling Facilities at McFarland/Delano Transfer Station, Shafter/Wasco and Arvin Sanitary Landfills - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301(e)(2); AUTHORIZED CLERK OF THE BOARD TO FILE NOTICE OF EXEMPTION; APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED WASTE MANAGEMENT DEPARTMENT TO PREPARE NECESSARY REQUISITION FOR PURCHASING AGENT TO SOLICIT BIDS



S.D. #2
Mc-Pe All Ayes *23) Contract No. 98031; Grading and drainage improvements at Arvin Sanitary Landfill - APPROVED; AUTHORIZED CHAIRMAN TO SIGN


S.D. #4
Mc-Pe All Ayes *24) Contract No. 98044; Construction of flood repairs at Lebec Sanitary Landfill - APPROVED; AUTHORIZED CHAIRMAN TO SIGN


CONSIDERATION OF ORDINANCES INTRODUCED ON TUESDAY, OCTOBER 6, 1998
Mc-Pe All Ayes *25) Proposed Ordinance adding Chapter 2.21 to the Kern County Ordinance Code regarding creation of Aging and Adult Services Department - ENACTED ORDINANCE G-6538
Mc-Pe All Ayes *26) Proposed Ordinance amending Section 14.26.160 of the Kern County Ordinance Code amending the definition of stormwater to include any acceptable water approved by the Director - ENACTED ORDINANCE G-6539


MATTERS FOR EXECUTIVE APPROVAL
Mc-Pe All Ayes *27) Budget Transfers - APPROVED #43 THROUGH #49
Mc-Pe All Ayes *28) Minutes for the Week of September 14, 1998 - APPROVED WITH CORRECTION TO TUESDAY, SEPTEMBER 15, 1998, 10:00 A.M., ITEM #5, TO CHANGE YEAR OF EXPIRATION FROM 2000 TO 2001
Mc-Pe All Ayes *29) Miscellaneous Letters and Documents - FILED
Mc-Pe All Ayes *30) Miscellaneous Departmental Referrals by Clerk of the Board - APPROVED AND FILED
Mc-Pe All Ayes *31) Claims and Lawsuits filed with and referred by Clerk of the Board - APPROVED AND FILED


Pz-Pe


ADJOURNED TO TUESDAY, OCTOBER 20, 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) Statement of money in the County Treasury as of June 30, 1998
Clerk of the Board
B) Received, certified, and forwarded to Recorder for Recordation as follows:

1) Parcel Map No. 9443 (S.D. 2)

2) Parcel Map No. 10520 (S.D. 4)

3) Tract Map No. 5844-Phase B (S.D. 2)

4) Tract Map No. 5876-Phase D (S.D. 5)

5) Tract Map No. 5876-Phase E (S.D. 5)

6) Tract Map No. 5876-Phase F (S.D. 5)

7) Tract Map No. 5876-Phase G (S.D. 5)

Community Development
C) County Loan Agreement, HOME Investment Partnerships Program, First-time Homebuyers Mortgage Assistance Program with David M. Deveau Jr. and Michelle L. Deveau
D) County Loan Agreement, HOME Investment Partnerships Program, First-time Homebuyers Mortgage Assistance Program with Fernando Guzman and Rocio C. Guzman
E) County Loan Agreement, HOME Investment Partnerships Program, First-time Homebuyers Mortgage Assistance Program with Filiberto Flores Garcia
F) County Loan Agreement, HOME Investment Partnerships Program, First-time Homebuyers Mortgage Assistance Program with Eugenio Barrientos Najarro
Environmental Health Services Department
G) Thank you letter to Tehachapi Humane for donation of cat collars to the Animal Control Division (Copy to Each Supervisor and CAO)
MISCELLANEOUS
H) Agenda of the Kern County's AIDS Advisory Board for October 7, 1998 and Minutes of the September 2, 1998 (Copy to Each Supervisor and CAO)
I) Letter from the Wildlife Conservation Board re Wetland Restoration, North Pintail Slough (Copy to Each Supervisor, CAO, Planning and County Counsel)
J) Letter from Bureau of the Census re the 1998 phase of the Address List Review activity, formerly known as the Local Update of Census Addresses (LUCA) (Copy to Each Supervisor and CAO)
K) Letter from State Board of Equalization, Property Taxes Department, to Peter W. Michaels in response to his letter concerning the section in the Assessment Appeals Manual relating to the use of confidential information in the possession of a County Assessor (Copy to Each Supervisor, CAO, County Counsel, Assessor, and Assessment Appeals Board)
L) Letter from Craig Swanson re a parking citation (Copy to Each Supervisor, CAO, and General Services)
M) Letter from Kern County Commission on Aging re creation of a Department of Aging and Adult Services (Copy to Each Supervisor, CAO, and Office on Aging)
N) Letter from Robert S. Tafoya re pay raise dispute for Kern County Probation Officers (Copy to Each Supervisor, CAO, and County Counsel)
O) Seventy (70) letters from Sheriff's Department Detentions Officers, one (1) letter from a Kern County Deputy Probation Officer, and one (1) letter from a County employee represented by CCAPE, re salary inequities (Copy to Each Supervisor, CAO, and County Counsel)
P) Worker Adjustment and Retraining Notification from Occidental Oil and Gas Corporation re a mass lay-off commencing October 1, 1998 at Occidental's Oil and Gas headquarters in Bakersfield (Copy to Each Supervisor, CAO, Employers' Training Resource, Personnel, and County Counsel)
Q) Letter from Edwin Camp re comments made before the Board of Supervisors on September 15, 1998 concerning biosolids (Copy to Each Supervisor, CAO, RMA, and County Counsel)
R) Letter from Connie Wattenbarger, Board Member of the Bakersfield Citizens Opposed to Obscenity and Lewdness (BCOOL), requesting a proclamation proclaiming October 25 through November 1, 1998 as Pornography Awareness Week in Kern County (Copy to Each Supervisor, CAO, and County Counsel)
S) Booklet from the U. S. Department of Justice, Office of Justice Programs, entitled "Solicitation for the Forensic DNA Laboratory Improvement Program, Phase 4" (Copy to Each Supervisor, CAO, and District Attorney)
T) Letter from Kern Council of Governments re Year 2000 Census and their "Complete Count" workshop (Copy to Each Supervisor, CAO, Planning and Board of Trade)
U) Notice of Trustee's Sale under Deed of Trust from Lawyers Title Company (Copy to General Services-Property Management)
V) Resolution No. 98-05 from the Kern County Employees' Retirement Association re determining pay items included within the definition of "Compensation Earnable" as set forth in Government Code Section 31461 (Copy to Each Supervisor, CAO, and County Counsel)
W) Audited financial statements and supplementary information for the year ended February 28, 1998, for the Kern County Economic Opportunity Corporation (Copy to Each Supervisor, CAO, and Auditor-Controller)
X) Meeting Advisory notice from the Bureau of Reclamation re Central Valley Improvement Act Proposed Projects and Programs for Fiscal Year 1999 (Copy to Each Supervisor and CAO)
Y) California Rail News Volume 14 Number 4 (Copy to Each Supervisor and CAO)
Z) News Release from the USDA Forest Service, Pacific Southwest Region, re statewide workshop re future of Sierra Nevada National Forests scheduled for October 3, 1998 at UC Davis (Copy to Each Supervisor, CAO, and Planning)
30) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD -APPROVED AND FILED
A) Application for Alcohol Beverage License: Panda Palace Restaurant, 118 Oak Street, Bakersfield, CA; Bad Bubba's, 614 Center Street, Taft, CA; Al's Liquor & Sporting Goods, 914 Main Street, Lamont, CA - REFERRED TO PLANNING (Copy to each Supervisor, CAO and County Counsel)
B) Letter from Rosamond Community Services District re Resolution 99-6 requesting approval for the formation of a proposed Assessment District No. 99-4 - REFERRED TO COUNTY COUNSEL (Copy to each Supervisor and CAO)
31) CLAIMS AND LAW SUITS FILED WITH AND REFERRED BY THE CLERK OF THE BOARD - APPROVED AND FILED
A) Claim in the matter of Diane Amsbary vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
B) Summons and Complaint in the matter of Ronald Bell vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
C) Application for permission to present late claim against Governmental Entity in the matter of Joseph De La O, by and through his guardian, Mercy De La O, and Mercy De La O, individually vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
D) Claim in the matter of Jimmy Magee vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
E) Claim in the matter of Lisa P. Rey and Lauren Holly Rey vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
F) Claim in the matter of Renee Russell vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
G) Summons and Complaint in the matter of Eric Ryan vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
H) Claim in the matter of Charlotte Schoenhofen vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
I) Claim in the matter of Notice of hearing and petition for relief from claim requirement; memorandum of points and authorities in support thereof; and declaration of Peter T. Brown in the matter of Glenn Street vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
J) Summons and Complaint in the matter of Frank W. Subriar dba Delano Ambulance Services vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)