SUMMARY OF PROCEEDINGS

BOARD OF SUPERVISORS - COUNTY OF KERN

Regular Meeting

Monday, February 24, 1997

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

BOARD ACTION SHOWN IN CAPS AFTER EACH ITEM

HEARING

COMMUNITY DEVELOPMENT

Pe-Mc

All Ayes

9710511

* 1) Proposed Amendment to the County of Kern's Annual Action Plan for FY 1996/97 to Amend the Senior Nutrition Vehicle Replacement Program (Multi-Year) Activity to include one additional replacement vehicle to the 1996/97 Vehicle Replacement Schedule - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; APPROVED

HEARING

TREASURER/TAX COLLECTOR

Pe-Mc

All Ayes

9711165

* 2) Proposed Ordinance providing continued authorization to collect $35.00 statutory fee authorized by Revenue and Taxation Code Section 4112(a)(1) and to authorize collection of $55.00 fee authorized by Revenue and Taxation Code Section 4112(b), reimbursing County for actual publication of notice costs, as part of the tax redemption fee - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; ADOPTED RESOLUTION 97-048 APPROVING FEES; WAIVED READING; ENACTED ORDINANCE G-6368
HEARINGS

RESOURCE MANAGEMENT AGENCY

Planning Department

Pe-Mc

All Ayes

9711920

* 3) Amendment of Zoning Map No. 81, Zone Change Case No. 76; E. Leon Thomas; 5148 Saco Road, north of Bakersfield; A change in zone classification from A (Exclusive Agriculture) to M-2 PD (Medium Industrial - Precise Development Combining) or a more restrictive district; Planning Department recommendation: Adopt Negative Declaration; approve zone change as requested; Negative Declaration (SD 1) (Bakersfield Californian) - (Tape 1680) OPENED HEARING; NO ONE HEARD; CLOSED HEARING; ADOPTED NEGATIVE DECLARATION; ADOPTED RESOLUTION 97-049 AND ENACTED ORDINANCE G-6369 APPROVING ZONE CHANGE AS REQUESTED

Pa-Pr

All Ayes

9711920

4) (a) Amendment of Zoning Map No. 101-24, Zone Change Case No. 30; (b) Precise Development Plan No. 10, Map No. 101-24; John Manor by Pasquini Engineering; 11828 Rosedale Highway, Rosedale area; (a) A change in zone classification from R-2 (Medium-density Residential) to C-1 PD (Neighborhood Commercial - Precise Development Combining) or a more restrictive district; (b) Approval of a Precise Development Plan for a beauty shop; Planning Department recommendation: Disapprove zone change; disapprove precise development plan; Categorically Exempt (Section 15303) (SD 3) (Bakersfield Californian) - (Tape 1680)CONTINUED TO MONDAY, MARCH 24, 1997 AT 2:00 P.M.

DEPARTMENTAL REQUESTS

RESOURCE MANAGEMENT AGENCY

Planning Department

S.D. 1
Pe-Mc

All Ayes

9711352

* 5) Proposed Williamson Act Land Use Contract for 1996/97 Fiscal Year; Contract 96-12, Kenneth W. Smith and Jesse M. Smith; south of Delano; Agricultural Preserve No. 7; 87.03 acres - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; DIRECTED CLERK OF THE BOARD TO RECORD
S.D. 4
Pe-Mc

All Ayes

9711352

* 6) Proposed Williamson Act Land Use Contract for 1996/97 Fiscal Year; Contract 96-19; John M. And Beverly Allen; southeast of Bakersfield; Agricultural Preserve No. 10; 88 acres - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; DIRECTED CLERK OF THE BOARD TO RECORD

Pe-Mc

All Ayes

9711352

* 7) Proposed Williamson Act Land Use Contract for 1996/97 Fiscal Year; Daniel Family Trust; approximately 6 miles northwest of Wasco; Agricultural Preserve No. 6; 136.46 acres - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; DIRECTED CLERK OF THE BOARD TO RECORD
S.D. 5
Pe-Mc

All Ayes

9711352

* 8) Proposed Williamson Act Land Use Contract for 1996/97 Fiscal Year; Contract 96-16, Khalid Khawar; approximately 2 miles northeast of Arvin; Agricultural Preserve No. 13; 156.36 acres - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; DIRECTED CLERK OF THE BOARD TO RECORD
Pe-Mc

All Ayes

9711352

* 9) Proposed Williamson Act Land Use Contract for 1996/97 Fiscal Year; Contract 96-6; Stoller Family Trust; northeast of Lamont; Agricultural Preserve No. 13; 125.34 acres - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; DIRECTED CLERK OF THE BOARD TO RECORD
Mc-Pe

All Ayes

9711352

10) Proposed Nonrenewal 96-4 of Williamson Act Land Use Contract; Parcel No. 481-050-20; 38 Acres; for failure to maintain qualifying agricultural uses (Continued from 1/27/97) - ROY WEYGAND, PRESIDENT OF KERNTAX, HEARD; RECEIVED AND FILED REPORT; REFERRED TO PLANNING TO OBTAIN ADDITIONAL INFORMATION ON THE COUNTIES THAT PARTICIPATE IN THE WILLIAMSON ACT PROGRAM, THE CRITERIA USED FOR CONSIDERATION OF OPEN SPACE LAND USE CONTRACTS, AND THE PERCENTAGE OF TAX GIVEN TO FEDERAL, STATE AND OTHER ENTITIES
PUBLIC PRESENTATIONS

9710520

(5888)

(11900)

11) 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! -

TERRANCE STEVEN QUESTIONED THE CHEMICAL AND BIOLOGICAL WARFARE ISSUE PRESENTED TO THE BOARD PREVIOUSLY AND TITLE 4, USCI, CODE RE FLAGS, THE USE OF FLAGS WITH THE COURT SYSTEM, AND THE GOLD FRINGE AND EAGLE ON THE FLAGS

GERRY SEBRING HEARD RE $300,000 CLAIM AGAINST THE COUNTY; ADA 1990 TITLE 2, RE DISABLED MENTAL PATIENTS, 5150 OF THE WELFARE AND INSTITUTIONS CODE AND THE PSYCHIATRIC LIBERATION FEDERATION

BOARD MEMBER ANNOUNCEMENTS OR REPORTS

9710609

(11450)

(11190)

12) 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 PATRICK DISCUSSED SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT MEETING AND GAVE THE BOARD MEMBERS AN UPDATE THAT THE FORMATION OF THE FUTURES INSTITUTE WITH CAL STATE FRESNO WAS DEFEATED IN A 5-5 VOTE AND THAT THE DISTRICT BOARD VOTED FOR THE CHAIRMAN AND VICE-CHAIRMAN TO WORK WITH THE FUTURES INSTITUTE TO MODIFY THE PROGRAM TO BE ACCEPTABLE TO THE GOVERNING BOARD

SUPERVISOR PETERSON EXPRESSED APPRECIATION TO SUPERVISOR PATRICK FOR REPRESENTING KERN COUNTY AT THE SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT AND REQUESTED A ROSTER OF ALL THE DISTRICT MEMBERS

SUPERVISOR PARRA QUESTIONED THE NOTICING OF COUNTIES BY THE SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT ON FUTURE PROPOSALS

SUPERVISOR PEREZ EXPRESSED HIS OPPOSITION TO USING SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT FUNDS FOR USES OTHER THAN CLEANING UP THE AIR AND INDICATED KERN COUNTY MUST DEMAND EQUAL REPRESENTATION ON THE DISTRICT BOARD

SUPERVISOR PATRICK ANNOUNCED THAT SHE HAS BEEN PLACED ON A COMMITTEE PROPOSING TO RAISE FEES FOR INDUSTRY ALONG WITH THE CHAIRMAN, VICE-CHAIRMAN, AND PAST CHAIRMAN. SHE FURTHER INDICATED SHE WILL BE REPRESENTING THE COUNTY AT A LEGISLATIVE LUNCHEON IN SACRAMENTO

CLOSED SESSION

COUNTY ADMINISTRATIVE OFFICE

Pr-Pa

All Ayes

9710064

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

All Ayes

9710064

14) Request for Closed Session re Public Employee Performance Evaluation - Title: Public Health Officer -
Pr-Pa

All Ayes

9710064

15) Request for Closed Session re Public Employee Appointment - Title: County Administrative Officer -
Pa-Pe

All Ayes

9710064

16) Results of Closed Session re Public Employee Appointment - Title: County Administrative Officer - CONTINUED TO TUESDAY, FEBRUARY 25, 1997 AT 10:00 A.M. (ITEM NO. 26A)
Pa-Pe RECONVENED AND ADJOURNED TO TUESDAY, FEBRUARY 25, 1997 AT 10:00 A.M.

Clerk of the Board

Chairman, Board of Supervisors

SUMMARY OF PROCEEDINGS

BOARD OF SUPERVISORS - COUNTY OF KERN

Regular Meeting

Tuesday, February 25, 1997

10:00 A.M.

BOARD CONVENED
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 APROVED BY ONE MOTION
BOARD ACTION SHOWN IN CAPS AFTER EACH ITEM

RESOLUTIONS/PROCLAMATIONS
Pr-Pe

All Ayes

9711940

1) Proclamation proclaiming March 1, 1997 as U. S. Citizenship Day in Kern County - PROCLAIMED; MADE PRESENTATION TO MEMBERS OF THE KERN COUNTY U.S. CITIZEN ACTION NETWORK; ESTELLA CASAS ACCEPTED PROCLAMATION AND WAS HEARD; MAGDA MENENDEZ, MEXICAN AMERICAN OPPORTUNITY FOUNDATION, ACKNOWLEDGED
PUBLIC REQUEST
Pr-Pe

All Ayes

9711940

(9528)

2) Request from Kern County Farm Bureau to make presentation of night vision devices to the Sheriff's Department as part of Ag Crime Prevention Program and for Proclamation proclaiming February as Ag Crime Prevention Month in Kern County - PROCLAIMED; MADE PRESENTATION OF PROCLAMATION TO CHARLES MITCHELL, PRESIDENT OF KERN COUNTY FARM BUREAU; CHARLES MITCHELL AND PETE BELLOUMINI MADE PRESENTATION TO COMMANDER STAN MOE OF THE KERN COUNTY SHERIFF'S DEPARTMENT

APPOINTMENTS/RESIGNATIONS
Pr-Pe

All Ayes

9710000

* 3) Re-appointment of Doug Zimmerman as First District Member to the Board of Zoning Adjustment, to serve at the Pleasure of the Board - MADE RE-APPOINTMENT
Pr-Pa

All Ayes

9710000

* 4) Re-appointments of Van Vangel and Tony Martinez to the Delano Mosquito Abatement District, terms to expire January 2, 1999 - MADE RE-APPOINTMENTS
DEPARTMENTAL REQUESTS
ASSESSOR-RECORDER
Pr-Pa

All Ayes

9711106

* 5) Appropriation of unanticipated revenue in the amount of $130,000.00 - APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $130,000.00 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER FROM APPROPRIATIONS FOR CONTINGENCIES TO BUDGET UNIT 1140 IN THE AMOUNT OF $130,000.00
BOARD OF SUPERVISORS
Pr-Pa

All Ayes

9710513

* 6) Request from Supervisor Patrick for the Board to provide a letter of endorsement for the Rotary Valley Fever Vaccine Project - APPROVED; DIRECTED CAO TO PREPARE AND AUTHORIZED CHAIRMAN TO SIGN LETTER OF ENDORSEMENT
EMPLOYERS' TRAINING RESOURCE
Pr-Pa

All Ayes

9711756

* 7) Request for authorization for the Purchasing Agent to issue a purchase order with KBAK-TV in an amount not to exceed $3,500 for production of an orientation video for job placement and job training services - APPROVED
HUMAN SERVICES
Pr-Pa

All Ayes

977157

* 8) Renewal of Agreement with the North Bakersfield Recreation and Parks District for the Willow Tree Too Child Care Center for an additional two years - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 082-97
Pr-Pa

All Ayes

9710510

* 9) Renewal of Agreement with Eye Medical Clinic of Bakersfield, Inc. for Medical Consultant Services for an additional two years, in an amount not to exceed $30,000 per year - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 083-97
Pr-Pa

All Ayes

9711107

*10) Retroactive approval of Emergency out-of-state travel for two social workers to remove two Dependent Children of the Court from an Interstate Compact Placement of Children in the state of Michigan in the amount of $4,974.36 - APPROVED
KERN MEDICAL CENTER
Pr-Pa

All Ayes

979921

*11) Request for approval for sole source purchase of information systems services with HBOC and Company in an amount not to exceed $88,000 - APPROVED
Pr-Pa

All Ayes

979921

(9791)

*12) Request for authorization to reimburse Dante Landucci, M.D., Director of Critical Care, for moving expenses in an amount not to exceed $4,000 - APPROVED; AUTHORIZED AUDITOR/CONTROLLER TO PAY
Pr-Pa

All Ayes

9711130

(11105)

*13) Proposed Golden Handshake retirement for one (1) Account Clerk II, one (1) Steno Clerk III, and one (1) Director of Pharmacy; deletion of one (1) full-time Account Clerk II, effective March 1, 1997, and one (1) full-time Steno Clerk III, effective March 29, 1997 - APPROVED; ADOPTED RESOLUTION 97-050; REFERRED TO COUNTY PERSONNEL DEPARTMENT TO AMEND THE DEPARTMENTAL POSITIONS AND SALARY SCHEDULE
MENTAL HEALTH
Pr-Pa

All Ayes

976098

*14) Request for appointment of Debra Christolear as Notary Public for County of Kern - APPROVED; AUTHORIZED THE MENTAL HEALTH DIRECTOR TO EXECUTE DOCUMENTS RELATING TO APPOINTMENT OF NOTARIES PURSUANT TO SECTION 8202.5 OF THE GOVERNMENT CODE; AND AUTHORIZED THE AUDITOR-CONTROLLER TO PAY ALL RELATED CHARGES FROM THE PUBLIC CONSERVATOR'S TRUST ACCOUNT IN AN AMOUNT NOT TO EXCEED $300.00
Pr-Pa

All Ayes

9710513

*15) Request authorization to submit a California Department of Mental Health Grant Proposal to establish a community-based, comprehensive, interagency System of Care for services to at-risk children and adolescents with serious emotional disturbance - (1) APPROVED CONCEPT OF COLLABORATIVE, INTERAGENCY FOCUS ON EFFORTS TO REDUCE NUMBERS OF HIGH-RISK, TARGET POPULATION CHILDREN, REDUCE OUT-OF-HOME PLACEMENTS AND INSTITUTIONAL RECIDIVISM; (2) AUTHORIZED THE MENTAL HEALTH DEPARTMENT TO SUBMIT RESPONSE TO THE CALIFORNIA DEPARTMENT OF MENTAL HEALTH REQUEST FOR PROPOSAL TO ESTABLISH COMMUNITY-BASED, COMPREHENSIVE, INTERAGENCY SYSTEM OF CARE TARGETING SERVICES TO CHILDREN AND ADOLESCENTS WITH SERIOUS EMOTIONAL DISTURBANCE WHO ARE SEPARATED FROM OR AT RISK OF SEPARATION FROM THEIR FAMILIES

OFFICE ON AGING

Pr-Pa

All Ayes

979741

*16) Request to Employ Retired County Employee M'Lou N. Abbott as Aging Services Program Assistant I, for not more than 120 working days or 960 hours whichever is greater - APPROVED
Pe-Pa

3 Ayes

2 Noes/

Mc-Pz

978981

17) Request-For-Proposal for contractor services provided under the Older Americans Act for FY 1997-98 through FY 2000-01 - BARBARA BURTON, INDIAN WELLS VALLEY HOMEMAKER SERVICES; MARGARET COTHRAN, PRESIDENT OF INDIAN WELLS VALLEY HOMEMAKER SERVICES; CAROL MOREHEAD, HIGH DESERT NUTRITION PROGRAM AND THE INDIAN WELLS VALLEY SENIOR ADVISORY COUNCIL; LEROY CORLETT, GRACE LUTHERAN CHURCH IN RIDGECREST; HOWARD AULD, CITIZEN OF RIDGECREST; BETTY PHILLIPS, RIDGECREST COMMUNITY HOSPITAL HOME HEALTH AGENCY; JEAN BLECHA, MEMBER OF THE KERN COUNTY COMMISSION ON AGING REPRESENTING INDIAN WELLS VALLEY HOMEMAKER SERVICES AND THE UNITED WAY; DARCEL JAUSSAUD, COORDINATOR OF HOMEMAKER SERVICES IN DELANO; AND HEZZY BROWN, CHAIRMAN, KERN COUNTY COMMISSION ON AGING, HEARD; APPROVED; AUTHORIZED OFFICE ON AGING DIRECTOR TO ISSUE A REQUEST-FOR-PROPOSAL; DIRECTED CAO TO WORK WITH OFFICE ON AGING TO REVIEW ALTERNATE FUNDING SOURCES, INCLUDING KERNCOG AND COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, TO EXPAND FUNDING FOR HOMEMAKER SERVICES PROGRAMS; RECEIVED AND FILED DOCUMENTS
Pr-Pa

All Ayes

979528

*18) Donation of fencing materials and installation of fence by the Buttonwillow Little League, Buttonwillow Park, Estimated Value $4,000 - ACCEPTED DONATION
PERSONNEL DEPARTMENT
Pr-Pa

All Ayes

9711105

*19) Classifications of positions recommended by Civil Service Commission, effective to March 1, 1997 - APPROVED; REFERRED TO PERSONNEL TO AMEND THE DEPARTMENTAL POSITION AND SALARY SCHEDULE
WITH-

DRAWN

9711105

*19A) Compliance with State and Federal Minimum Wage Requirements; California $5.00 per hour effective March 1, 1997; Federal $5.15 per hour effective September 1, 1997; Federal $5.75 per hour effective March 1, 1998 -
TREASURER-TAX COLLECTOR
Pe-Pr

All Ayes

9710000

20) Request to introduce the 1997 Treasury Oversight Committee members - MEMBERSHIP ROSTER PRESENTED TO THE BOARD; REFERRED TO CAO TO PLACE ON THE BOARD'S AGENDA

Pr-Pa

All Ayes

978255

*21) Report re New Investment Laws - RECEIVED AND FILED

Pr-Pa

All Ayes

9710723

*22) Proposed amendment to Kern County Deferred Compensation Plan (part-time, seasonal, and temporary) to permit certain distribution to participants who have left County service - APPROVED
Pr-Pa

All Ayes

9710000

*23) Proposed policy for Treasury Oversight Committee, 1997 County Treasury Investment; proposed Ordinance renewing the authority to County Treasurer-Tax Collector to invest county funds in the County Treasury for the calendar year 1997, and provide for annual review of County investment policy on or before March 1 of each calendar year thereafter; and proposed resolution confirming the establishment of the Treasury Oversight Committee and defining its role in the annual review of the County Treasury Investment Policy - APPROVED POLICY; ADOPTED RESOLUTION 97-051; WAIVED READING; INTRODUCED ORDINANCE

PUBLIC PRESENTATIONS
9710520 24) This portion of the meeting is reserved for persons desiring 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
9710609 25) 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]) - NONE
CLOSED SESSION
County Administrative Office
Pe-Pa

All Ayes

9710064

(11130)

26) Request for Closed Session re Meet and Confer with Kern Law Enforcement Association, Kern County Firefighters Union, Kern County Public Employees Association, Kern Prosecutors Association, and Kern Faculty Association - CONTINUED TO TUESDAY, 2/25/97 AT 2:00 P.M. (SEE ITEM #65)
Pe-Pa

All Ayes

9710064

26A) Request for Closed Session re Public Employee Appointment - Title: County Administrative Officer (from 2/24/97, #16) - CONTINUED TO TUESDAY, 2/25/97 AT 2:00 P.M. (SEE ITEM #66)
County Counsel
Pe-Pa

All Ayes

9710064

(9624)

27) Request for closed session re significant exposure to litigation pursuant to Government Code Section 54956.9(b)(1)(3)(A) - CONTINUED TO TUESDAY, 2/25/97 AT 2:OO P.M. (SEE ITEM #67)
Pe-Pr RECESSED TO 2:00 P.M.

Clerk of the Board

Chairman, Board of Supervisors

TUESDAY, FEBRUARY 25, 1997
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 (*) WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION

BOARD ACTION SHOWN IN CAPS AFTER EACH ITEM

DEPARTMENTAL REQUESTS

COUNTY ADMINISTRATIVE OFFICE
Pe-Pa

All Ayes

978255

*28) Status of County's Outstanding Long-term Debt and Update of Statistical Budgetary, Economic and Debt Data - RECEIVED AND FILED
Pe-Pa

All Ayes

9710566

29) Proposed Transfer of Animal Control to Environmental Health Services - ROY WEYGAND, PRESIDENT OF KERNTAX, HEARD; APPROVED TRANSFER OF ANIMAL CONTROL DIVISION FROM JURISDICTION OF HEALTH DEPARTMENT TO JURISDICTION OF ENVIRONMENTAL HEALTH DEPARTMENT EFFECTIVE MARCH 1, 1997; REFERRED TRANSITION IMPLEMENTATION TO COUNTY ADMINISTRATIVE OFFICE, HEALTH DEPARTMENT, AND ENVIRONMENTAL HEALTH DEPARTMENT; REFERRED TO PERSONNEL DEPARTMENT TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE; REFERRED TO CAO TO REPORT BACK TO THE BOARD WITHIN SIX MONTHS (NO LATER THAN 8/26/97) WITH COST EFFICIENCIES AND EFFECTIVENESS OF TRANSFER
Pe-Pa

All Ayes

979379

*30) Proposed Workplace Violence Policy (from 2/4/97) - CONTINUED TO TUESDAY, MARCH 11, 1997 AT 2:00 P.M.
Pe-Pa

All Ayes

9711130

*31) Request for authorization to issue Request for Proposals for Kern$Flex Plans - APPROVED; AUTHORIZED COUNTY ADMINISTRATIVE OFFICE TO ISSUE
Pe-Pa

All Ayes

9710505

*32) Report re: tax revenue, City of Bakersfield Annexation No. 393, Chester #3 (LAFCO Proceeding No. 1220) - RECEIVED AND FILED
Pe-Pa

All Ayes

9710505

*33) Transfer of Property Tax Entitlement, City of Bakersfield Annexation No. 393, Chester #3 (LAFCO Proceeding No. 1220) - ADOPTED RESOLUTION 97-052 AUTHORIZING AUDITOR-CONTROLLER TO TRANSFER PORTION OF COUNTY'S PROPERTY TAX ENTITLEMENT TO CITY OF BAKERSFIELD COMMENCING FISCAL YEAR 1998-99 IN ACCORDANCE WITH MOU BETWEEN CITY OF BAKERSFIELD AND COUNTY

Pe-Pa

All Ayes

9710505

*34) City of Shafter Annexation #69, Attachment to Resolution - APPROVED

Pe-Pa

All Ayes

9710505

*35) Amendment #1 to Memorandum of Understanding Between County of Kern - City of Shafter re: Fire Fund Tax Revenue Exchange Upon Annexation - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 089-97

Pe-Pa

All Ayes

979279

*36) Amendments to Administrative Procedures Manual, Chapter 1, authorizing Chief Officers of the Fire Department to use purchase cards; Chapter 2, re fixed asset accounting; Chapter 3, re specifying 1998 and 1999 payroll periods, and Chapter 5, re purchasing procedures - APPROVED

Pe-Pa

All Ayes

979838

(10220)

*37) Report re development of a Request for Qualifications for energy consultant - CONTINUED TO TUESDAY, MARCH 11, 1997 AT 2:00 P.M.

Pe-Pa

All Ayes

979279

*38) Proposed streamlining of Countywide Administrative Processes, Phase III - APPROVED ELIMINATION OF QUARTERLY REPORTING REQUIREMENTS FOR THE STATUS OF THE GROUP HEALTH INSURANCE INTERNAL SERVICE FUND BUDGET AND ACTUAL EXPENSES FOR MARKETING, BUSINESS DEVELOPMENT, BUSINESS MEETINGS, TRAINING, AND OTHER BUSINESS-RELATED EXPENSES; RECEIVED AND FILED QUARTERLY REPORTS FOR THE SECOND QUARTER OF FY 1996/97

Pe-Pa

All Ayes

976363

39) Agreement for Economic Incentives-Lone Star Gas Liquids Processing, Inc. - JOHN ANDREWS, PRESIDENT OF LONE STAR GAS, HEARD; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 084-97 AND APPROVED BUDGET TRANSFER IN THE AMOUNT OF $334,480.14 FROM APPROPRIATIONS FOR CONTINGENCIES TO SPECIAL SERVICES BUDGET UNIT #2700
NOTE: ITEMS 40 AND 41 WERE PRESENTED CONCURRENTLY
Pe-Pa

All Ayes

976363

40) Amendment to Economic Incentive Policy Defining Industrial Use - REFERRED BACK TO CAO FOR ADDITIONAL REVIEW (INCLUDING INDUSTRIAL CLASSIFICATIONS) FOR REPORT BACK ON TUESDAY, MARCH 25, 1997 AT 2:00 P.M.

Pe-Pa

All Ayes

976363

41) Proposed revision to Economic Incentive Policy Clarifying "Sales Tax" and Specifying Policy's Purpose - ROY WEYGAND, PRESIDENT OF KERNTAX, AND TERRY ARNOLD, BURGER KING AND LAMPPOST PIZZA,HEARD; REFERRED BACK TO CAO FOR ADDITIONAL REVIEW (INCLUDING CLARIFICATION OF USE TAX AND AN INCREMENTAL REBATE SCHEDULE OVER THE SEVEN YEAR PERIOD) FOR REPORT BACK ON TUESDAY, MARCH 25, 1997 AT 2:00 P.M.
Pe-Pa

4 Ayes

1 No/Pr

9712190

42) Proposed Lease Agreement with Lee Development Group LLC for District Attorney Crime Lab and Family Support Division Facility - LARRY MORGAN, MORGAN CORPORATION; ROY WEYGAND, PRESIDENT OF KERNTAX AND BOARD OF DIRECTORS FOR DOWNTOWN BUSINESS AREA; TOM FOLEY, ATTORNEY REPRESENTING MORELAND CORPORATION, HEARD IN OPPOSITION TO RECOMMENDATION; BERNARD G. LEBEAU OF LEBEAU, THELEN, LAMPE, MCINTOSH, & CREAR, REPRESENTING LEE DEVELOPMENT; GREG BYNUM, DEVELOPER FOR LEE DEVELOPMENT GROUP AND STEVE ANDERSON, PRESIDENT OF S. C. ANDERSON OF BAKERSFIELD, HEARD IN SUPPORT OF RECOMMENDATION; SHARON BRIANN, CAL-STATE BAKERSFIELD STUDENT, HEARD IN OPPOSITION TO RECOMMENDATION; TOM FOLEY, ATTORNEY REPRESENTING MORELAND CORPORATION, AND LARRY MORGAN, MORGAN CORPORATION, MADE FINAL COMMENTS IN OPPOSITION TO RECOMMENDATION; DISTRICT ATTORNEY ED JAGELS, HEARD; RECEIVED AND FILED DOCUMENTS; MADE FINDING THAT PROJECT IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO THE PROVISIONS OF SECTION 15061(b)(3) OF THE STATE CEQA GUIDELINES; AUTHORIZED CLERK OF THE BOARD TO FILE NOTICE OF EXEMPTION; APPROVED; AUTHORIZED CHAIRMAN TO SIGN LEASE AGREEMENT 085-97; RELEASED BONDING OBLIGATIONS OF ALL REMAINING DEVELOPMENT TEAMS ASSOCIATED WITH THE REQUEST FOR PROPOSAL
Legislative Matters:
Pe-Pa

All Ayes

9711190

*43) SB 147 which would require that no city, county, or local agency may incur any indebtedness, as defined, without prior approval by a majority of the voters - ADOPTED POSITION IN OPPOSITION; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE TO APPROPRIATE LEGISLATORS
General Services Division
S.D. #1 & 4
Pe-Pa

All Ayes

9712224

*44) (8992.8125) Change Order No.'s 3 and 4 for Golf Course Irrigation and Potable Water Systems Renovation - Buena Vista, Kern River and North Kern Golf Courses, providing for an increase of $659.92 and allowing additional time - APPROVED; AUTHORIZED CHAIRMAN TO SIGN
S.D. #5
Pe-Pa

All Ayes

9712068

*45) (1960.8137) Change Order No. 3 for Arvin Library, providing for an increase of $18,374.25 and allowing additional time - APPROVED; AUTHORIZED CHAIRMAN TO SIGN
Pe-Pa

All Ayes

978381

*46) Amendment to License Agreement with City of Bakersfield for Shared Use of City and County Parking Facilities - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 086-97 UPON FINAL APPROVAL OF COUNTY COUNSEL AS TO FORM
RESOURCE MANAGEMENT AGENCY
Pe-Pa

All Ayes

979355

(11190)

*47) Certified Unified Program Agency (CUPA) Coordinating Agencies Agreement with City of Bakersfield - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; APPROVED AGREEMENT 087-97; AUTHORIZED CHAIRMAN TO SIGN; DIRECTED ENVIRONMENTAL HEALTH SERVICES DIRECTOR TO FILE EXECUTED COUNTY/CITY OF BAKERSFIELD CUPA COORDINATING AGENCIES AGREEMENT WITH SECRETARY OF CAL/EPA
RESOURCE MANAGEMENT AGENCY

Engineering and Survey Services

S.D. #3
Pe-Pa

All Ayes

9711812

*48) Parcel Map 8337, Phase 2; East Side of Coffee Road between Downing Avenue and Meany Avenue; Approval of Completed Street and Water Improvements; reduction of Faithful Performance Security in Subdivision Improvement Agreement - REDUCED THE EXISTING FAITHFUL PERFORMANCE SECURITY IN THE AMOUNT OF $430,587 TO $43,059 FOR GUARANTEE AND MAINTENANCE OF COMPLETED STREET AND WATER IMPROVEMENTS AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP FOR A ONE-YEAR PERIOD STARTING FEBRUARY 25, 1997; ADOPTED RESOLUTION 97-053 FOR ACCEPTANCE OF ROADS WITHIN PARCEL MAP 8337, PHASE 2, INTO THE COUNTY ROAD SYSTEM
S.D. #4
Pe-Pa

All Ayes

9710515

*49) Resolution setting hearing on Service Charges within County Service Area No. 90 (Stebbins Tract) for Fiscal Year 1997/98 - ADOPTED RESOLUTION 97-054; SET TUESDAY, APRIL 15, 1997 AT 2:00 P.M. AS THE DATE AND TIME FOR THE PUBLIC HEARING; DIRECTED THE CLERK OF THE BOARD TO PUBLISH THE NOTICE OF HEARING; DIRECTED ENGINEERING & SURVEY SERVICES TO PREPARE AN ENGINEERS REPORT AND MAIL THE PROPERTY OWNERS WITHIN CSA 90 NOTICE OF THE HEARING AND INFORMATION REGARDING THE PROPOSED ASSESSMENT AS REQUIRED BY PROPOSITION 218
ALL S.D.'s
Pe-Pa

All Ayes

9710515

*50) Report re Requirements for compliance with Proposition 218 and Resolution directing preparation of written report for all County Service Areas - ADOPTED RESOLUTION 97-055; SET MONDAY, JULY 28, 1997 AT 2:00 P.M. AS THE DATE AND TIME FOR PUBLIC HEARING ON CSA FEES AND ASSESSMENTS AND TO TALLY THE VOTES; INSTRUCTED ENGINEERING AND SURVEY SERVICES TO MAIL NOTICES AND BALLOTS TO ALL PROPERTY OWNERS WITHIN THE AFFECTED CSA'S IN COMPLIANCE WITH PROPOSITION 218; DIRECTED INFORMATION TECHNOLOGY SERVICES TO MODIFY THE "KIPS" PROGRAM TO PROVIDE THE INFORMATION NECESSARY TO MAIL BALLOTS TO THE PROPERTY OWNERS WITHIN COUNTY SERVICE AREAS; RECOGNIZED UNANTICIPATED REVENUE IN THE AMOUNT OF $160,000 TO APPROPRIATIONS FOR CONTINGENCIES AND APPROVED BUDGET TRANSFER IN THE AMOUNT OF $160,000 FROM APPROPRIATIONS FOR CONTINGENCIES TO ENGINEERING & SURVEY SERVICES BUDGET UNIT 1900
RESOURCE MANAGEMENT AGENCY

Roads Department

All S.D.'s
Pe-Pa

All Ayes

979565

*51) Amendment to FTA Section 18i Capital Grant from Caltrans - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 088-97; AUTHORIZED AUDITOR-CONTROLLER TO ESTABLISH A CAPITAL PROJECT LINE ITEM FOR TWO (2) PASSENGER SHELTERS IN THE AMOUNT OF $11,000.00 IN THE PUBLIC TRANSPORTATION SYSTEMS ENTERPRISE FUND (FUND 35060, DEPT. 8998); APPROVED BUDGET TRANSFER
S.D. #3
Pe-Pa

All Ayes

9712312

*52) Request for approval to contract for professional services with Krazan and Associates for construction project at Meadows Field, in an amount not to exceed $25,000 - APPROVED; AUTHORIZED PURCHASING AGENT TO NEGOTIATE AND EXECUTE AGREEMENT
S.D. #5
Pe-Pa

All Ayes

978575

*53) County Road 3811, Easement Deed for Dedication of portion of the Bonnie C. Wahl Trust property required for the improvement of the southwest corner of Pentz Street at Niles Street - ACCEPTED DEED; ORDERED IT RECORDED; AUTHORIZED AUDITOR-CONTROLLER TO EFFECT PAYMENT IN AN AMOUNT NOT TO EXCEED $500.00
S.D. #3 & #4
Pe-Pa

All Ayes

9712290

*54) Contract No. 97017, Construction on Traffic Signal and Highway Lighting System on Stockdale Highway at Fairway Drive, STPLG-5950(028), with Delta Engineering USA, in the amount of $139,721.35 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN
S.D. #3 & #5
Pe-Pa

All Ayes

9712298

*55) Contract No. 97008, Accept Low Bid for Construction on Bernard Street and River Boulevard - ACCEPTED LOW BID OF GRIFFITH COMPANY IN THE AMOUNT OF $308,000.00; AUTHORIZED ROADS TO PREPARE NECESSARY CONTRACT DOCUMENTS AND RELEASED ALL OTHER BID GUARANTEES

WASTE MANAGEMENT DEPARTMENT

ALL S.D.'s
Pe-Pa

All Ayes

977727

*56) Proposed Resolution Authorizing submittal of State Grant Application Related to California Used Oil Recycling Block Grant - APPROVED; ADOPTED RESOLUTION 97-056; AUTHORIZED WASTE MANAGEMENT DEPARTMENT DIRECTOR TO EXECUTE AND SUBMIT NECESSARY DOCUMENTS

S.D. #1

WITH-

DRAWN

9712284

*57) Contract No. 97019; Remediation of College Heights Burn

Dump -

MATTERS FOR EXECUTIVE APPROVAL
Pa-Pe

All Ayes

9711106

58) Budget Transfers - APPROVED #146 THROUGH #151

Pa-Pe

All Ayes

9711107

59) Travel Requests (out-of-state) - APPROVED W. RIZKALLA TO LAS VEGAS, NV; J. DIAMOND TO SAN ANTONIO, TX; L. O'HOTTO AND E. DANEY TO DALLAS, TX; A. KRAUTER TO WASHINGTON, DC

Pa-Pe

All Ayes

9711108

60) Minutes for week of February 3, 1997 - APPROVED

Pa-Pe

All Ayes

61) Miscellaneous Letters and Documents - FILED

Pa-Pe

All Ayes

62) Departmental referrals by Clerk of the Board - APPROVED AND FILED

PUBLIC PRESENTATIONS
9710520 63) 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! - JEFF PEABODY, SENIOR AT NORTH HIGH SCHOOL, HEARD RE A. P. GOVERNMENT CLASS AND HIS ATTENDANCE AT THE BOARD MEETING

BOARD MEMBER ANNOUNCEMENTS OR REPORTS
9710609 64) 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]) -
Mc-Pe

All Ayes

9712304

REFERRED TO CAO TO PREPARE BUDGET REVENUE PROJECTIONS FOR THE BOARD MEETING OF TUESDAY, MARCH 11, 1997 AT 2:00 P.M.

CLOSED SESSIONS

County Administrative Office

Pr-Pa

All Ayes

9710064

(11130)

65) Request for Closed Session re Meet and Confer with Kern Law Enforcement Association, Kern County Firefighters Union, Kern County Public Employees Association, Kern Prosecutors Association, and Kern Faculty Association (from 2/25/97 10:00 A.M. Item #26) -

Pr-Pa

All Ayes

9710064

(9791)

66) Request for Closed Session re Public Employee Appointment - Title: County Administrative Officer (from 2/25/97 10:00 A.M. Item #26A) -

County Counsel
Pr-Pa

All Ayes

9710064

(9624)

67) Request for Closed Session re significant exposure to litigation pursuant to Government Code Section 54956.9(b)(1)(3)(A) (From 2/25/97 10:00 A.M. Item #27) -
Pr-Pa RECONVENED FROM CLOSED SESSION AND ADJOURNED TO MONDAY, MARCH 10, 1997 AT 2:00 P.M.

Clerk of the Board

Chairman, Board of Supervisors

61) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED

DEPARTMENTAL

Auditor-Controller-County Clerk
9712250 A) Letter from Auditor-Controller re Acceptance of Stop Notice Bond
County Administrative Office
9710510 B) Memo from County Administrative Office re RFP for Affiliation with Kern Medical Center (Copy to each Supervisor)
9710566 C) Memo from County Administrative Office re Proposed Transfer of the Animal Control Division (Copy to each Supervisor)
Employers Training Resource
9711756 D) Information Update from Employers Training Resource (Copy to each Supervisor and CAO)
Department of Human Services
9711107 E) Letter from Department of Human Services re emergency travel (Copy to each Supervisor and CAO)
North Kern Municipal Court
9712196 F) Letter from North Kern Municipal Court re Secured Parking Project for North Kern Municipal Court-Delano-McFarland Branch (Copy to each Supervisor and CAO)
Sheriff's Department
9711140 G) Two Thank You Letters from Sheriff's Department re generous donation of one Kenwood TK-350 Handi-Talkie with Charger and speaker mike
MISCELLANEOUS
978151 H) Letter from Commission on Aging re In-Home Supportive Services in Kern County (Copy to each Supervisor, CAO and Human Services)
976212 I) Letter from Department of Water Resources re Notice of Intent to sell Excess Land, Parcel No. NBA-111 (Copy to each Supervisor, CAO and Property Management)
9710513 J) Letter from Department of Health Services re Maternal and Child Health (MCH) Allocation #96-25582 Program Addition-Perinatal Outreach and Education (POE) (Copy to each Supervisor, CAO, and Health Department)
9712039 K) Letter from California Grand Jurors Association re CSAC'S Grand Jury Clarification and Efficiency Act of 1997 (Copy to each Supervisor, CAO, and Grand Jury)
9711190

(3226)

L) Two Legislative Bulletins from NACO (Copy to each Supervisor, CAO, RMA, Planning and County Counsel)
978199 M) Fact Sheet from U.S. Department of Justice re Public Safety Officers' Benefits Program (Copy to each Supervisor and CAO)
973226 N) Letter from Virginia Association of Counties in Support of Gerry Hyland for NACo 1st Vice President (Copy to each Supervisor and CAO)
9711920 O) Agenda of Planning Commission of the City of Bakersfield (Copy to each Supervisor, CAO, Planning and County Counsel)
9710513 P) Letter from Thomas R. Larwood, M.D. re Control of Valley Fever (Copy to each Supervisor, CAO, County Counsel and Health Department)
977927 Q) Update from The Carpenters/Contractors Cooperation Committee re report that Cost Studies Demonstrate that the Prevailing Wage Rate is not a Key Factor in Rise of School Construction Costs (Copy to each Supervisor and CAO)
979779 R) Letter from United States Department of the Interior Fish and Wildlife Service re Notice of reopening of the Comment Period on the Proposed Listing of Ten Plants from the Southern Foothills of the Sierra Nevada Mountains, California, as Endangered or Threatened (Copy to each Supervisor, CAO, Planning and County Counsel)
976212 S) News Release from U.S. Department of the Interior re Bureau of Reclamation FY 1998 Budget Request which includes $143 Million for Restoration of California Bay-Delta (Copy to each Supervisor and CAO)
9711450 T) Letter from Assemblyman Roy Ashburn re criticism of the Kern County Air Pollution Control District by the Air Resources Board (Copy to each Supervisor, CAO, and APCD)
62) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED
978778 A) Applications for Alcohol Beverage Licenses from El Ranchito Restaurant, 2105 Edison Hwy Ste P2 Bakersfield REFERRED TO PLANNING (Copy to each Supervisor, CAO and County Counsel)
9712313 B) Letter from The Law Offices of Michael S. Konnoff re the County providing space in the Courts and Administration Building to the Kern County Bar Association - REFERRED TO COUNTY ADMINISTRATIVE OFFICE (Copy to each Supervisor and County Counsel)
979838

(10220)

(3226)

C) Letter from NACO re House Commerce Committee Survey on the Costs of Electricity - REFERRED TO GENERAL SERVICES (Copy to each Supervisor and CAO)
9711190 D) Letter from Billy J. Mooneyham re Property Tax Revenue Controlled by the State - REFERRED TO COUNTY ADMINISTRATIVE OFFICE (Copy to each Supervisor)
976590 E) Letter from U. S. Department of Agriculture re Kern River No. 1 Hydroelectric Project (FERC # 1930-014) - REFERRED TO PLANNING (Copy to each Supervisor and CAO)
9711012 F) Letter from California State Senator K. Maurice Johannessen re County Financing: Trial Courts and General Assistance - REFERRED TO COUNTY ADMINISTRATIVE OFFICE (Copy to each Supervisor and Grand Jury)
9711900 G) Claim in the Matter of Dennis Fluhart vs Kern County REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 H) Claim in the Matter of Jack Hamilton vs Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 I) Claim in the Matter of Scott Kniffen and Brenda Kniffen vs Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 J) Claim in the Matter of Enrique Henry Lincon, III vs Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 K) Claim in the Matter of Alvin McCuan vs Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 L) Claim in the Matter of Gloria Young, mother of decedent Frederick O. Young Jr., Michael Young, Uncle vs Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
9711900 M) Claim in the Matter of Gerry and Cynthia Real vs Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)