SUMMARY OF PROCEEDINGS



BOARD OF SUPERVISORS - COUNTY OF KERN



1115 Truxtun Avenue

Bakersfield, California



Regular Meeting

Monday, November 3, 1997



8:30 A.M.



BOARD RECONVENED

Supervisors: McQuiston, Perez, Patrick, Peterson, Parra

ROLL CALL: 4 Present; 1 Absent - Supervisor Peterson



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 (*) WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION



BOARD ACTION SHOWN IN CAPS OR UNDERLINED



CLOSED SESSIONS


COUNTY ADMINISTRATIVE OFFICE

Pa-Mc

4 Ayes

1 Ab/Pe

1) Request for Closed Session re Public Employee Performance Evaluation - Title: Director of Parks and Recreation -
Pa-Mc

4 Ayes

1 Ab/Pe

2) Request for Closed Session re Public Employee Performance Evaluation - Title: Director of Libraries -
Pa-Mc

4 Ayes

1 Ab/Pe

3) Request for Closed Session re Public Employee Performance Evaluation - Title: Director of Waste Management -
Pa-Mc

4 Ayes

1 Ab/Pe

4) Request for Closed Session re Public Employee Performance Evaluation - Title: Director of Public Health Services -
Pa-Mc

4 Ayes

1 Ab/Pe

5) Request for Closed Session re Public Employee Performance Evaluation - Title: Chief Executive Officer - Kern Medical Center -
Mc-Pa RECONVENED FROM CLOSED SESSION; RECESSED TO 2:00 P.M.



2:00 P.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 (*) WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION

BOARD ACTION SHOWN IN CAPS OR UNDERLINED



PUBLIC PRESENTATIONS


5a) 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
6) 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
HEARINGS

RESOURCE MANAGEMENT AGENCY



Community Development



S.D. #1

Pr-Pa

All Ayes

*7) Proposed Amendments to the County of Kern's FY 1995-96 Annual Action Plan for Community Development Programs to Revise the Scope of Two Funded Activities - Delano Architectural Barrier Removal Improvements and Delano Acquisition of Property for Recreational Purposes; Funding: $38,329; CDBG; Discretionary; Budgeted; FY 1995-96; Activity #14.95.3 $100,000; CDBG; Discretionary; Budgeted; FY 1995-96; Activity #14.95.4 - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; APPROVED AMENDMENT; AUTHORIZED NECESSARY COUNTY AND HUD BUDGET ADJUSTMENTS AND TRANSFERS; AND AUTHORIZED ACTING DIRECTOR OF CDPD TO SUBMIT ALL DOCUMENTATION RELATED TO AMENDMENTS AND REVISIONS TO HUD
S.D.s #2 AND #5
Pr-Pa

All Ayes

*8) Proposed Amendments to the County of Kern's FY 1996-97 Annual Action Plan for Community Development Programs which will Provide for Changes in the Description of Two Existing Activities, Add One New Activity Funded with Community Development Block Grant (CDBG) Funds, and Add One Activity Previously Proposed for Funding with HOME Investment Partnerships (HOME) Program Funds; Funding: $212,610; CDBG; Discretionary; Budgeted: FY 1996-97; Activity #5.96.1, $58,400; CDBG; Discretionary; Budgeted; FY 1996-97; Activity #13.96.1, $58,369; CDBG; Discretionary; Budgeted; FY 1996-97; Activity #13.96.2,$50,000; HOME; Discretionary; Budgeted; FY 1996-97; Project #46.96.1c - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; APPROVED AMENDMENT; AUTHORIZED NECESSARY COUNTY AND HUD BUDGET ADJUSTMENTS AND TRANSFERS; AND AUTHORIZED ACTING DIRECTOR OF CDPD TO SUBMIT ALL DOCUMENTATION RELATED TO AMENDMENTS AND REVISIONS TO HUD
S.D.s #4 AND #5
Pr-Pa

All Ayes

*9) Proposed Amendments to the County of Kern's FY 1997-98 Annual Action Plan for Community Development Programs which will Revise Three Existing Activities and Add One New Activity to the Plan; Funding: $210,000; CDBG; Discretionary; Budgeted; FY 1997-98; Activity #21.97.1, $60,000; CDBG; Discretionary; Budgeted; FY 1997-98; Activity #21.97.2, $34,875; CDBG; Discretionary; Budgeted; FY 1997-98; Activity #21.97.3, $112,350; CDBG; Discretionary; Budgeted; FY 1997-98; Activity #29.97.3 - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; APPROVED AMENDMENT; AUTHORIZED NECESSARY COUNTY AND HUD BUDGET ADJUSTMENTS AND TRANSFERS; AND AUTHORIZED ACTING DIRECTOR OF CDPD TO SUBMIT ALL DOCUMENTATION RELATED TO AMENDMENTS AND REVISIONS TO HUD
CONTINUED HEARINGS



RESOURCE MANAGEMENT AGENCY



Planning Department

Pr-Pa

All Ayes

*10) (1) General Plan Amendment Case No. 2, Map No. 118; (2) Conditional Use Permit Case No. 9, Map No. 118; Liquid Waste Management, Inc.; Southwest of the intersection of the State Route 33 by-pass and State Route 58, McKittrick area; (1) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code(s) 8.3 (Extensive Agriculture) to Map Code(s) 3.4 (Solid Waste Facilities) or a more restrictive map code designation; (2) A Conditional Use Permit to allow the expansion of an existing Class II sanitary landfill (Section 19.12.030.H) in an A (Exclusive Agriculture) District; Planning Department recommendation: Continue to January 5, 1998; Negative Declaration (SD 4) (Daily Midway Driller) (Continued from 9/22/97) - CONTINUED TO MONDAY, JANUARY 5, 1998, AT 2:00 P.M.
Pa-Mc

All Ayes

11) (1) General Plan Amendment Case No. 8, Map No. 104-30; (2) Amendment of Zoning Map No. 104-30, Zone Change Case No. 24; Dennis W. DeWalt; Northeast corner of Pioneer Drive and Monica Street, East Bakersfield; (1) Amend the Metropolitan Bakersfield 2010 General Plan from Map Code(s) SR (Suburban Residential - Less Than or Equal to 4 Dwelling Units/Net Acre) to Map Code(s) LMR (Low Medium Density Residential - Less Than or Equal to 10 Dwelling Units/Net Acre) or a more restrictive map code designation; (2) A change in zone classification from E () RS (Estate - acre - Residential Suburban Combining) to R-1 (Low-density Residential) or a more restrictive district; Planning Department recommendation: Adopt Negative Declaration and Mitigation Measure Monitoring Program; approve General Plan Amendment with the exception of the easterly 150 feet of the project site; approve zone change to R-1 (Low-density Residential) for the westerly 1,170 feet of the site and to E (1/4) (Estate - 1/4 acre) for the remaining 150 feet of the site, to be held in suspense pending the submittal of written verification to the Director of the Kern County Planning Department from the Kern County High School District and the Bakersfield City School District that an agreement has been entered into with the owner(s) of the property covered by the project that will adequately mitigate the project's public school impacts and pending the recordation of a final tract map; Negative

(Continued on Page 5)





(Continued from Page 4)

Declaration (SD 3) (Bakersfield Californian) (Continued from 9/22/97; 10/20/97) - (Tape 1761, 1762, and 1763) OPENED HEARING; EDDIE RAPP, SCOTT GIBSON, NEDRA LEHR, JANICE PURCELL, JOYCE LOBASSO, KAREN KLINE, LISA SPENCER, AUJLA ATMA SIHOTA, JANICE HOLDER, JENNIE KIRSCHENMAN AND STEVE LOBASSO HEARD IN OPPOSITION TO RECOMMENDATION; RECEIVED AND FILED DOCUMENTS; PAULINE LARWOOD, REPRESENTING MR. DEWALT, AND DENNIS DEWALT HEARD IN SUPPORT OF THE RECOMMENDATION; RECEIVED AND FILED DOCUMENTS; THOMAS SMITH AND RHONDA MARTIN HEARD IN OPPOSITION TO RECOMMENDATION; JOHN BERNARD, SUPERINTENDENT OF BAKERSFIELD CITY SCHOOL DISTRICT, HEARD IN SUPPORT OF THE RECOMMENDATION; JOYCE LOBASSO AND EDDIE RAPP HEARD IN OPPOSITION AND REBUTTAL; DENNIS DEWALT HEARD IN REBUTTAL AND SUPPORT OF THE RECOMMENDATION; CLOSED HEARING; ADOPTED AMENDED NEGATIVE DECLARATION AND AMENDED MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTION 97-331 APPROVING GENERAL PLAN AMENDMENT AS RECOMMENDED WITH THE EXCEPTION OF THE EASTERLY 220 FEET OF THE PROJECT SITE; ADOPTED RESOLUTION 97-332 AND ENACTED ORDINANCE G-6445 APPROVING ZONE CHANGE TO R-1 FOR THE WESTERLY 1,100 FEET OF THE SITE AND TO E (1/4) FOR THE EASTERLY REMAINING 220 FEET OF THE SITE, NEITHER APPROVAL TO BECOME EFFECTIVE UNLESS, PRIOR TO NOVEMBER 25, 1997, THE PROPERTY OWNER SIGNS AND FILES THE REQUIRED INDEMNIFICATION AGREEMENT, APPROVED AS TO FORM BY COUNTY COUNSEL, WITH THE PLANNING DEPARTMENT; WITH PROPOSED ZONING TO BE HELD IN SUSPENSE PENDING THE SUBMITTAL OF WRITTEN VERIFICATION TO THE DIRECTOR OF THE KERN COUNTY PLANNING DEPARTMENT FROM THE KERN COUNTY HIGH SCHOOL DISTRICT AND THE BAKERSFIELD CITY SCHOOL DISTRICT THAT AN AGREEMENT HAS BEEN ENTERED INTO WITH THE OWNER(S) OF THE PROPERTY COVERED BY THE PROJECT THAT WILL ADEQUATELY MITIGATE THE PROJECT'S PUBLIC SCHOOL IMPACTS, AND PENDING THE RECORDATION OF A FINAL TRACT MAP

HEARINGS



RESOURCE MANAGEMENT AGENCY



Planning Department

Pr-Pa

All Ayes

*12) Amendment of Zoning Map No. 71-14, Zone Change Case No. 14; West and Irene Katzenstein by B.J. Tucker and Associates; Southwest corner of Kendall Avenue and Maturango Street, Ridgecrest area; A change in zone classification from E (5) RS (Estate - 5 acres - Residential Suburban Combining) [E (2 ) RS (Estate - 2 acres - Residential Suburban Combining) in suspense] to E (2 ) RS GH (Estate - 2 acres - Residential Suburban Combining - Geologic Hazard Combining) or a more restrictive district; Planning Department recommendation: Approve zone change as requested; General Rule, Section 15061(b)(3) (SD 1) (Daily Independent) - (Tape 1761) OPENED HEARING; NO ONE HEARD; CLOSED HEARING; ADOPTED RESOLUTION 97-333 AND ENACTED ORDINANCE G-6446 APPROVING ZONE CHANGE AS REQUESTED
Pa-Pr

All Ayes

13) Variance Petition No. 1945 for Tentative Tract No. 5655 (Type A - Bakersfield) (Zoning Map No. 104-30); DeWalt Corporation; Northeast corner of Pioneer Drive and Monica Street, east Bakersfield area; A variance to the Land Division Ordinance to allow all lots fronting on a secondary collector highway to be less than 100 feet in width; Planning Department recommendation: Approve Variance Petition 1945 subject to revised Condition 16; General Rule, Section 15061(b)(3) (SD 3) (Bakersfield Californian) - (Tape 1763) OPENED HEARING; JANICE HOLDER, THOMAS SMITH AND JOYCE LOBASSO HEARD; CLOSED HEARING; ADOPTED RESOLUTION 97-334 APPROVING VARIANCE PETITION 1945 SUBJECT TO REVISED CONDITION 16 AS RECOMMENDED
Pr-Pa

All Ayes

*14) (a) Amendment of Zoning Map No. 101, Zone Change Case No. 117; (b) Tentative Tract No. 5862 (Type A - Bakersfield) (Zoning Map No. 101); Jeff White by Wilson and Associates; East side of Nord Avenue, 1/4 mile north of Stockdale Highway, western Rosedale area; (a) A change in zone classification from A-1 (Limited Agriculture) to E (1) RS (Estate - 1 acre - Residential Suburban Combining) or a more restrictive district; (b) A tentative tract proposing to divide a 20.14-acre parcel into 17 approximate one-acre lots for single-family residential purposes; variances to the Land Division Ordinance and Development Standards to allow nonradial and nonright-angle lot lines, a cul-de-sac length in excess of 600 feet, and a cul-de-sac closer than one lot depth to the tract boundary; Planning Department recommendation: Adopt Negative Declaration and Mitigation Measure Monitoring Program; approve zone change to become effective upon recordation of the final tract map; approve vesting tentative tract map subject to conditions; approve requested variance Petitions 1942, 1943, and 1944; Negative Declaration (SD 3) (Bakersfield Californian) -

(Tape 1761) OPENED HEARING; NO ONE HEARD; CLOSED HEARING; ADOPTED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTION 97-335 AND ORDINANCE G-6447 APPROVING ZONE CHANGE AS REQUESTED TO BECOME EFFECTIVE UPON WRITTEN VERIFICATION TO THE PLANNING DIRECTOR THAT THE APPLICANT HAS ENTERED INTO AN AGREEMENT WITH THE RIO BRAVO-GREELEY AND THE KERN HIGH SCHOOL DISTRICTS WHICH MITIGATE THE PROJECT'S IMPACT ON PUBLIC SCHOOLS AND UPON RECORDATION OF A FINAL TRACT MAP; ADOPTED RESOLUTION 97-336 APPROVING VESTING TENTATIVE TRACT MAP SUBJECT TO CONDITIONS; APPROVED VARIANCE PETITIONS 1942, 1943, AND 1944 AS REQUESTED

Pa-Pr

All Ayes

15) (a) Amendment of Zoning Map No. 101-23, Zone Change Case No. 30; (b) Conditional Use Permit Case No. 11, Map No. 101-23; (c) Zone Variance Case No. 8, Map No. 101-23; Tom and Linda Willis by Alta Engineering/Hughes Surveying; Northwest corner of Allen Road and Meacham Road, Rosedale area; (a) A change in zone classification from E (10) RS PE (Estate - 10 acres - Residential Suburban Combining - Petroleum Extraction Combining) to E (2 ) RS PE (Estate - 2 acres - Residential Suburban Combining - Petroleum Extraction Combining) or a more restrictive district; (b) A Conditional Use Permit to allow a veterinary hospital (Section 19.16.030.D); (c) A Zone Variance to allow animal housing structures within 100 feet of the front lot line (Section 19.16.090.B) in an E (2 ) RS PE (Estate - 2 acres - Residential Suburban Combining - Petroleum Extraction Combining) District; Planning Department recommendation: Adopt Negative Declaration; approve zone change as requested; approve conditional use permit subject to conditions; approve zone variance subject to conditions; Negative Declaration (SD 3) (Bakersfield Californian) - (Tape 1763) OPENED HEARING; THOMAS HEATH HEARD; GEORGE DICKEY OF ALTA ENGINEERING REPRESENTING THE APPLICANTS, TOM AND LINDA WILLIS, HEARD IN SUPPORT OF THE RECOMMENDATION; CLOSED HEARING; ADOPTED NEGATIVE DECLARATION; ADOPTED RESOLUTION 97-338 AND ORDINANCE G-6448 APPROVING ZONE CHANGE AS REQUESTED; ADOPTED RESOLUTION 97-338 APPROVING CUP SUBJECT TO CONDITIONS WITH A REVISED CONDITION 7C RELATING TO CURB, GUTTER, AND SIDEWALKS ON ALLEN ROAD; ADOPTED RESOLUTION 97-339 APPROVING ZONE VARIANCE SUBJECT TO CONDITIONS
Pr-Pa

All Ayes

*16) (1) Specific Plan Adoption Case No. 19, Map No. 100 - Adoption of a Specific Plan Line; (2) Streets and Highways - Street Name Change - Map No. 100; (1) Bill Gilliam by Simpson-Lusich-VanCuren, Inc.; (2) Kern County Planning Department; (1) Northeast of the intersection of Stockdale Highway and Enos Lane, Rosedale area; (2) Cherry Avenue alignment from Stockdale Highway northerly 1/4 mile, west of Bakersfield; (1) Adoption of a Specific Plan Line for a secondary highway alignment extending east from Enos Lane and curving south to connect with Stockdale Highway; (2) A street name change from Cherry Avenue to Country Triangle Way; Planning Department recommendation: Adopt Specific Plan Line as requested; approve street name change from Cherry Avenue to Country Triangle Way which shall also be the name of any street built along the requested Specific Plan alignment; General Rule, Section 15061(b)(3) (SD 3) (Bakersfield Californian) - (Tape 1761) OPENED HEARING; NO ONE HEARD; CLOSED HEARING; ADOPTED RESOLUTION 97-340 APPROVING SPECIFIC PLAN LINE AS REQUESTED; ADOPTED RESOLUTION 97-341 APPROVING STREET NAME CHANGE FROM CHERRY AVENUE TO COUNTRY TRIANGLE WAY WHICH SHALL ALSO BE THE NAME OF ANY STREET BUILT ALONG THE REQUESTED SPECIFIC PLAN ALIGNMENT
DEPARTMENTAL REQUESTS



RESOURCE MANAGEMENT AGENCY



Planning Department



Miscellaneous



S.D. #3

Pr-Pa

All Ayes

*17) Request for Determination of Public Convenience for the Issuance of an Off-Sale Beer and Wine License at 2720 and 2800 River Boulevard, Bakersfield, pursuant to the Alcohol Beverage Control Act, Section 23958 of the Business and Professions Code - APPROVED; ADOPTED RESOLUTION 97-342
CONSIDERATION OF ORDINANCE INTRODUCED ON TUESDAY, OCTOBER 28, 1997
Pr-Pa

All Ayes

*18) Proposed Ordinance to set voluntary campaign contribution limits for County officers, including judicial officers, as authorized by Proposition 208 - ENACTED ORDINANCE G-6449
Pe-Mc ADJOURNED TO TUESDAY, NOVEMBER 4, 1997 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, November 4, 1997



10:00 A.M.



BOARD RECONVENED

Supervisors: McQuiston, Perez, Patrick, Peterson, Parra

ROLL CALL: All Present



SALUTE TO FLAG - Led by Supervisor Parra



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



BOARD ACTION SHOWN IN CAPS OR UNDERLINED

RESOLUTIONS/PROCLAMATIONS
Pe-Pa

All Ayes

1) Proclamation proclaiming November 16, 1997 as San Joaquin Community Hospital Day in Kern County - PROCLAIMED; MADE PRESENTATION TO DR. MASSEY; DR. MASSEY HEARD
Pe-Pr

All Ayes

*2) Proclamation proclaiming November 2 through 8, 1997 as Volunteers in Parole Week in Kern County - PROCLAIMED; REFERRED TO CLERK OF THE BOARD FOR PREPARATION
PUBLIC PRESENTATIONS
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]) - NO ONE HEARD
DEPARTMENTAL REQUESTS



DISTRICT ATTORNEY

Pe-Pr

All Ayes

*5) Proposed nonsubstantive amendment to Kern County Ordinance Section 3.04.020 (Ord. G-5489 Section 2, 1991; Ord. A-323 Section 5, 1983) regarding appointment of confidential assistants by elected County officials - WAIVED READING; INTRODUCED ORDINANCE
EMPLOYERS' TRAINING RESOURCE
Pe-Pr

All Ayes

*6) Request to participate in the 1998 California Cooperative Occupational Information System Program - APPROVED; AUTHORIZED THE EXECUTIVE DIRECTOR OF EMPLOYERS' TRAINING RESOURCE TO EXECUTE ANY NECESSARY DOCUMENTS TO CONTRACT WITH THE STATE OF CALIFORNIA FOR THIS PROGRAM
FIRE DEPARTMENT
Pe-Pr

All Ayes

7) Request for approval of sole source purchase from Pierce Manufacturing, Inc. for items related to purchase of fire engines, cost not to exceed $66,000.00 - APPROVED; AUTHORIZED CHAIRMAN TO AUTHORIZE PURCHASING AGENT TO ISSUE A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $66,000.00
HUMAN SERVICES
Pe-Mc

All Ayes

8) Request Board recognize Mack E. "Gene" McMillan upon his retirement for over 39 years of service to the County of Kern - ADOPTED RESOLUTION AND MADE PRESENTATION TO GENE MC MILLAN; GENE MC MILLAN AND DON DUDLEY HEARD
Pe-Pr

All Ayes

*9) Proposed Agreement with Valza Corporation for the Valley Plaza Christmas Cottage which benefits children in foster care and at the Jamison Children's Center, at no cost to the County - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 703-97
KERN MEDICAL CENTER
Pe-Pr

All Ayes

*10) Proposed two-year Agreement for professional obstetrics/gynecology services with Kurt Finberg, M.D., in an amount not to exceed $50,000.00 per contract year - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 704-97; REFERRED TO PERSONNEL TO AMEND THE DEPARTMENTAL POSITION AND SALARY SCHEDULE EFFECTIVE OCTOBER 1, 1997
Pe-Pr

All Ayes

*11) Proposed two-year Agreement for professional obstetrics/gynecology services with Deng Fa Fong, M.D., in an amount not to exceed $50,000.00 per contract year - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 705-97; REFERRED TO PERSONNEL TO AMEND THE DEPARTMENTAL POSITION AND SALARY SCHEDULE EFFECTIVE OCTOBER 1, 1997
MENTAL HEALTH SERVICES
Pe-Pr

All Ayes

*12) Proposed Agreement with Christine Russell, M.F.C.C. for FY 1997-98 for provision of psychological therapy, consultation and/or supervision for children's mental health programs in an amount not to exceed $6,400.00 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 706-97
Pe-Pr

All Ayes

*13) Proposed agreement with Denise Brown, M.F.C.C. for FY 1997-98 for provision of psychological therapy, consultation and/or supervision for children's mental health programs in an amount not to exceed $12,960.00 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 707-97
PUBLIC HEALTH DEPARTMENT
Pe-Pr

All Ayes

*14) Proposed Amendment No. 2 to Agreement No. 429-96 with SKF Drug, Incorporated for Pharmaceutical Services to increase maximum amount payable to $66,603.66 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 708-97
SHERIFF'S DEPARTMENT
Pe-Pr

All Ayes

*15) Expenditure by the Sheriff of Inmate Welfare Funds pursuant to Penal Code Section 4025; Funding: No impact on County General Fund - APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $5,000.00 FROM SHERIFF'S INMATE WELFARE FUND #24057 TO PURCHASE AND INSTALL A NEW PAINT BOOTH; APPROVED BUDGET TRANSFER FROM APPROPRIATIONS FOR CONTINGENCIES IN THE AMOUNT OF $5,000.00 TO BUDGET UNIT 2210
Pe-Pr

All Ayes

*16) Request for authorization and budget transfer of $15,900.00 to purchase additional equipment approved by the Remote Access Network Board for the Kern County CAL-ID System; No fiscal impact to the General Fund - APPROVED APPROPRIATION OF UNANTICIPATED REVENUE FROM THE AUTOMATED FINGERPRINT TRUST FUND #00184 IN THE AMOUNT OF $15,900.00 TO APPROPRIATIONS FOR CONTINGENCIES; AUTHORIZED BUDGET TRANSFER OF $15,900.00 FROM APPROPRIATIONS FOR CONTINGENCIES TO SHERIFF'S BUDGET UNIT 2210
Pe-Pr

All Ayes

*17) Expenditure by the Sheriff of Inmate Welfare funds pursuant to Penal Code Section 4025; request to add one (1) Sheriff Commander position to Budget Unit 2210; Funding: No impact on County General Fund - APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $22,459.00 FROM SHERIFF'S INMATE WELFARE FUND #24057; APPROVED BUDGET TRANSFER FROM APPROPRIATIONS FOR CONTINGENCIES TO SHERIFF'S BUDGET UNIT 2210; APPROVED THE ADDITION OF ONE (1) SHERIFF COMMANDER POSITION TO BUDGET UNIT 2210 EFFECTIVE NOVEMBER 4, 1997; REFERRED TO PERSONNEL TO AMEND THE DEPARTMENTAL POSITION AND SALARY SCHEDULE
SUPERIOR COURT
Pe-Pr

All Ayes

*18) Request to employ retired County employee - AUTHORIZED EMPLOYMENT OF MARCIA LACKEY EFFECTIVE NOVEMBER 3, 1997 AS COURT CLERK AT RANGE 47.8, "E" STEP, PURSUANT TO GOVERNMENT CODE SECTION 31680.2 FOR A PERIOD NOT TO EXCEED 960 HOURS OR 120 WORK DAYS, WHICHEVER IS GREATER
CLOSED SESSIONS



County Counsel

Pe-Pa

All Ayes

19) Request for closed session regarding a lawsuit or proceeding formally initiated entitled Renika Montiel, etc. vs. Kern County Department of Social Services, et al.; Ventura County Superior Court Case No. CIV 168192 (Government Code Section 54956.9 (a))
Pe-Pa

All Ayes

20) Request for closed session to determine whether the County will initiate a lawsuit (2 potential cases) (Government Code Section 54956.9(c)) -
Pa-Pe 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, November 4, 1997

2:00 P.M

BOARD TO RECONVENE

Supervisors: McQuiston, Perez, Patrick, Peterson, Parra

ROLL CALL: All Present



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



BOARD ACTION SHOWN IN CAPS OR UNDERLINED

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/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



BOARD OF SUPERVISORS

Pa-Pr

All Ayes

MOTION TO CONSIDER NON-AGENDA ITEM: MADE FINDING THAT NEED TO TAKE ACTION ON NON-AGENDA MATTER OCCURRED AFTER AGENDA WAS POSTED BECAUSE A SCHEDULED TRIP TO TAIWAN IS TAKING PLACE ON NOVEMBER 7, 1997 AND DONATION OF FOUR GIFTS TO GIVE TO MIAOLI COUNTY TRADE OFFICIALS WERE RECEIVED AFTER THE AGENDA WAS POSTED
Pa-Pr

All Ayes

2A) Acceptance of gift of four gold coins, valued at $196.40, from Golden Queen Mining to give to the Taiwanese trade officials as an example of products that are manufactured in our area - ACCEPTED GIFT
COUNTY ADMINISTRATIVE OFFICE
Pa-Mc

All Ayes

3) Proposed Replacement of Payroll/Human Resources System - JAMES RHOADES, AUDITOR-CONTROLLER-COUNTY CLERK, AND KAY MADDEN, DIRECTOR OF PERSONNEL, HEARD; REFERRED BACK TO CAO TO PREPARE A PROPOSAL FOR TURN-KEY PROGRAM MANAGEMENT IN ADDITION TO THE EXISTING PROPOSAL FOR REPORT BACK TO THE BOARD
Pr-Pa

All Ayes

4) 1997 Master Lease Replacement Projects Financing Agreement for Professional Services with Leifer Capital, in an amount not to exceed $44,000 for services in connection with securing financing for replacement computer aided dispatch systems - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 709-97
Pr-Pa

All Ayes

5) Request for approval for issuance of Request for Proposal for Economic Development Study - ROY WEYGAND, PRESIDENT OF KERNTAX, AND GREG WHITNEY, KERN ECONOMIC DEVELOPMENT CORPORATION, HEARD; APPROVED; DIRECTED CAO TO REVIEW COMPOSITION OF THE CONSULTANT SELECTION PANEL FOR PROPER DIVERSITY FOR REPORT BACK TO THE BOARD



COUNTY ADMINISTRATIVE OFFICE

General Services Division



S.D. #1

Pe-Mc

All Ayes

*6) (1960.8122) Report on subcontractor listing violation by Ferguson Construction, contractor for the Ridgecrest Justice Building Court Facility Addition - RECEIVED AND FILED REPORT; SUSPENDED FINE AND APPROVED WARNING
Pe-Mc

All Ayes

*7) (1960.8122) Request for subcontractor substitution for the Ridgecrest Justice Building Court Facility Addition - FOUND THAT VALLEY CABINETS AND TRIM FAILED TO EXECUTE A WRITTEN CONTRACT WITH FERGUSON CONSTRUCTION; APPROVED SUBSTITUTION OF HASKELL'S AND WAIDES CABINET SHOP FOR CUSTOM CASEWORK PORTION OF CONTRACT
S.D. #4
Pe-Mc

All Ayes

*8) Proposed acquisition of the former Shafter burn dump site located on Burbank Street - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; DIRECTED CLERK OF THE BOARD TO COMPLETE AND FILE NOTICE OF EXEMPTION; AUTHORIZED GENERAL SERVICES TO TAKE NECESSARY STEPS TO ACQUIRE APN 88-180-37 and APN 88-180-38
COUNTY ADMINISTRATIVE OFFICE

Information Technology Services

Pa-Mc

All Ayes

9) Executive Report from Miora Systems Consulting, Inc., on the Security Assessment Project - MICHAEL MIORA, MIORA SYSTEMS CONSULTING INC., HEARD; RECEIVED AND FILED
Pe-Mc

All Ayes

*10) Proposed agreement with IBM to provide project support services dealing with software issues which are not covered under any existing support agreements with IBM, for a term of one year, in an amount not to exceed $18,500 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 710-97
RESOURCE MANAGEMENT AGENCY

Community Development Program Department



S.D. #5

Pe-Mc

All Ayes

*11) Environmental Clearance Certification and Request for Release of Funds (RROF) for Edmundsen Acres Drainage Improvements Multi-Year/ Multi-Phase/Phase I, Design and Acquisition and Phase II, Construction) Arvin, CA; Funding: $131,100; CDBG; Discretionary; Budgeted; FY 1996-97, Activity #12.96.2; $332,150; CDBG; Discretionary; Budgeted; FY 1997-98, Activity #12.97.2 - APPROVED FINDING OF NO SIGNIFICANT IMPACT (FONSI) PURSUANT TO HUD REGULATIONS; APPROVED NEGATIVE DECLARATION PURSUANT TO CEQA GUIDELINES; AUTHORIZED CLERK OF THE BOARD TO FILE NOTICE OF DETERMINATION AND CERTIFICATE OF FEE EXEMPTION WITH THE COUNTY CLERK'S OFFICE FOR THE MULTI-PHASE PROJECT PURSUANT TO CEQA GUIDELINES AND CALIFORNIA DEPARTMENT OF FISH AND GAME CODE; AUTHORIZED CHAIRMAN TO SIGN THE RROF AND CERTIFICATION FOR THE MULTI-PHASE PROJECT; AND AUTHORIZED ACTING DIRECTOR OF CDPD TO SUBMIT RROF AND CERTIFICATION TO HUD
Pe-Mc

All Ayes

*12) Proposed Agreement with the Richard Prado East Bakersfield Senior Center to Provide CDBG Funding for One (1) Vehicle to Be Used in the Senior Nutrition Vehicle Replacement Program (Multi-Year) Activity; Funding: CDBG; $18,500; Discretionary; Budgeted - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 711-97; AND AUTHORIZED ACTING DIRECTOR OF CDPD TO TRANSMIT EXECUTED AGREEMENTS TO RICHARD PRADO EAST BAKERSFIELD SENIOR CENTER AND IMPLEMENT ACTIVITY
RESOURCE MANAGEMENT AGENCY

Roads Department



All S.D.'s

Pe-Mc

All Ayes

*13) Conversion of Regional Transportation Impact Fee Funds and Bakersfield Mitigation Fund to Interest Bearing - DIRECTED THAT INTEREST FROM THE REGIONAL TRANSPORTATION IMPACT FEE FUNDS (FUND #24089 AND #24091) AND THE BAKERSFIELD MITIGATION FUND (FUND #24095) BE PAID TO EACH FUND
S.D. #1
Pe-Mc

All Ayes

*14) Refund of Transportation Impact Fees collected from Chevron Section One Specific Plan Area - AUTHORIZED AUDITOR TO REFUND $3,712.41 FROM THE REGIONAL IMPACT FEE PROGRAM TO JB BUILDERS
S.D. #2
Pe-Mc

All Ayes

*15) Contract No. 97006, Construction of Traffic Signals and Highway Lighting System on South "H" Street at State Highway 119, STPL-5950(089)with Griffith Company in the amount of $237,000.00 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN
S.D. #3
Pe-Mc

All Ayes

*16) Proposed No Stopping Zone on Rosedale Frontage Road South - APPROVED; REFERRED TO COUNTY COUNSEL'S OFFICE FOR PREPARATION OF NECESSARY ORDINANCE
S.D. #4
Pe-Mc

All Ayes

*17) Proposed Maintenance Agreement with City of Wasco for Scofield Road between McCombs Road and the City Limits - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 712-97
WASTE MANAGEMENT DEPARTMENT



All S.D.'s

Pe-Mc

All Ayes

*18) Proposed Agreement with William J. Vanherweg to provide biological assessment services for Solid Waste Facilities, in an amount not to exceed $100,000 for three years and not to exceed $40,000 for the first year - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 713-97
Pe-Mc

All Ayes

*19) Proposed Agreement with Three Girls and a Shovel to provide archaeological services for Solid Waste Facilities, in an amount not to exceed $100,000 for three years, and not to exceed $40,000 for the first year - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 714-97
Pe-Mc

All Ayes

*20) Report on Status of Phase One of Proposition 218 Implementation and collection from Multi-unit Parcels within Cities - RECEIVED AND FILED
Pe-Mc

All Ayes

*21) Bids for the Ridgecrest Sanitary Landfill Operational Agreement - ACCEPTED LOW BID OF NORCAL WASTE SYSTEMS, INC./NORCAL WASTE SOLUTIONS, INC. IN THE AMOUNT OF $26,450 PER MONTH; AUTHORIZED ROADS DEPARTMENT TO PREPARE NECESSARY CONTRACT DOCUMENTS; AUTHORIZED RELEASE OF ALL OTHER BID GUARANTEES
MATTERS FOR EXECUTIVE APPROVAL
Pr-Pa

All Ayes

22) Budget Transfers - APPROVED #67 THROUGH #73
Pr-Pa

All Ayes

23) Travel Requests (Out-of-State) - APPROVED C. ECKARD TO APPLETON, WISCONSIN
Pr-Pa

All Ayes

24) Minutes for Week of October 13, 1997 - APPROVED
Pr-Pa

All Ayes

25) Miscellaneous Letters and Documents - FILED
Pr-Pa

All Ayes

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

Pe-Pa ADJOURNED TO TUESDAY, NOVEMBER 11, 1997 AT 2:00 P.M.



Clerk of the Board





Chairman, Board of Supervisors



25) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED
Auditor-Controller-County Clerk
A) 1) Report on Refund(Government Code Section 26906) of Erroneous Deposits Pursuant to Board Resolution 71-4

2) Revenue Recap Report and Statement of Condition, Budgetary Appropriations as of September 30, 1997

3) Review of Current Internal Controls Over Cash and Cash Receipts and Financial Records of the Kern County Library

Community Development
B) County Loan Agreement, HOME Investment Partnerships Program, Owner Rehabilitation Program (Geraldine Rinden)
C) County Loan Agreement, HOME Investment Partnerships Program, Owner Rehabilitation Program (Sandra E. Bonkosky)
Environmental Health
D) Thank you letter to Jean Medina for the donation to the Animal Control Shelter Program
General Services
E) Response to letter from Inyokern Community Services District Municipal Advisory Council dated October 17, 1997 concerning preparations for the flooding expected from the El Nino predictions (Copy to each Supervisor and CAO)
Local Agency Formation Commission
F) Proceeding No. 1232, Report and Recommendation in the matter of County Service Area No. 82: Dissolution (Copy to each Supervisor and CAO)
Roads
G) Policy of Title Insurance for Oak Creek Road (County Road 3813) Liao Property
Miscellaneous
H) Letter from GTE Mobilnet to Lori Badock, Consumer Services Division Enforcement Branch, California Public Utilities Commission re Notification Letter for Panama Lane of Fresno MSA Limited Partnership (Copy to each Supervisor and CAO)
I) Letter from Kern Family Health Care in Appreciation to Fred Drew for his volunteer mediation between KHS and the "Committee of Concerned Ambulance Providers" (Copy to each Supervisor, CAO and EMS)
J) Notice of a Public Meeting Scheduled for Fall 1997 for Calfed Bay-Delta Program (Copy to each Supervisor and CAO)
K) Report from Cal/EPA for September 1997
L) Meeting Advisory from U.S. Department of the Interior Bureau of Reclamation for October, 1997 (Copy to each Supervisor and CAO)
M) News Release from U.S. Department of the Interior, Bureau of Reclamation re availability of Two-Month Interim Water Service Contracts for Public Review (Copy to each Supervisor and CAO)
26) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD -

APPROVED AND FILED

A) Applications for Alcohol Beverage License(s): Wild West BBQ & Grill, 6629 Wofford Blvd., Wofford Heights, CA; El Mercado Market, 9317 Main Street, Lamont, CA; AAA Market, 9620 Taft Highway A, Bakersfield, CA - REFERRED TO PLANNING (Copy to each Supervisor and CAO)
B) Nine (9) letters from Concerned citizens of Action Plumbing re increase in gang activity in Kern County - REFERRED TO SHERIFF (Copy to each Supervisor and CAO)
C) Letter from Diane Bulich re increase in gang activity in Kern County - REFERRED TO SHERIFF (Copy to each Supervisor and CAO)
D) Letter from Roberson & Sons Construction re felon criminal activity in our City, County and Nation - REFERRED TO SHERIFF (Copy to each Supervisor and CAO)
E) Letter from The Pump House, Inc. re increase in gang activity in Kern County - REFERRED TO SHERIFF (Copy to each Supervisor and CAO)
F) Letter from Quality Property Management re increase in gang activity in Kern County - REFERRED TO SHERIFF (Copy to each Supervisor and CAO)
G) Letter from Department of Health Services to Portia S. Choi, M.D. re Maternal and Child Health (MCH) Allocation #199715 Augmentation-Black Infant Health (BIH) - REFERRED TO PUBLIC HEALTH (Copy to each Supervisor and CAO)
H) Claim in the matter of Cindy Carson vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
I) Claim in the matter of Willie Caston Jr. vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
J) Claim in the matter of Gene Doremus vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
K) Claim in the matter of G.D. "Stoney" Faubus vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
L) Claim in the matter of Gail Hamstreet vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
M) Claim in the matter of Geoffrey Egon Holt, Joann Holt and David Lee Saunders vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
N) Claim in the matter of Industrial Indemnity Company vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
O) Claim in the matter of Emile L. Maddock vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
P) Summons and Complaint in the matter of Shuntalle Moffett vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
Q) Claim in the matter of Cynthia Morse vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
R) Claim in the matter of Russell Row vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
S) Claim in the matter of Carolyn Walker vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
T) Summons and Complaint in the matter of Wallich's Ranch Company, a California General Partnership vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to each Supervisor and CAO)
U) Notice of Filing of Co-Respondent Complaint of Discrimination in the matter of John C. Russell vs. Kern County - REFERRED TO COUNTY COUNSEL AND PERSONNEL (Copy to Risk Management)