SUMMARY OF PROCEEDINGS



BOARD OF SUPERVISORS - COUNTY OF KERN



1115 Truxtun Avenue

Bakersfield, California



Regular Meeting

Tuesday, March 30, 1999



9:00 A.M.



BOARD RECONVENED

Supervisors: McQuiston, Perez, Patrick, Peterson, Parra

ROLL CALL: All Present



SALUTE TO FLAG - Led by Supervisor Perez



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

RESOLUTIONS/PROCLAMATIONS
Pa-Pe

All Ayes

1) Proclamation proclaiming March 30, 1999, as Volunteer Host/Hostess Day in Kern County; Resolution honoring and commending the Kern County Administrative Center Volunteer Host/Hostess Program - PROCLAIMED; ADOPTED RESOLUTION; MADE PRESENTATION TO HERB DODD; HERB DODD AND BILL WILBANKS HEARD
Pe-Pr

All Ayes

2) Proclamation proclaiming April 5-11, 1999 as Public Health Week in Kern County - PROCLAIMED; MADE PRESENTATION TO DR. B. A. JINADU, PUBLIC HEALTH OFFICER; DR. JINADU AND DR. LEAH CARTER HEARD
PUBLIC REQUESTS
Pz-Pa

All Ayes

3) Request of Hal Steckbauer, Coalition of Humane Organizations, to address the Board regarding a proposal for addition to County animal regulations - DR. DIANE COSKO, VETERINARIAN, FRAZIER PARK; HAL STECKBAUER, KERN COUNTY COALITION OF HUMANE ORGANIZATIONS; AND ROBIN FRECKMANN, HEARD; REFERRED TO ENVIRONMENTAL HEALTH TO REPORT BACK TO THE BOARD WITHIN 90 DAYS REGARDING THE POTENTIAL IMPACT OF AMENDING THE EXISTING ORDINANCE RELATING TO ANIMAL CONTROL, AND THE FEASIBILITY OF REESTABLISHING THE ANIMAL CONTROL AD HOC COMMITTEE; RECEIVE AND FILE DOCUMENTS
APPOINTMENTS
Pz-Pa

All Ayes

*4) Appointment of Leslie Dragoo as Educator Specializing in Early Childhood Development Member to the Children and Families First Commission, term to expire March 31, 2001 - MADE APPOINTMENT
Pz-Pa

All Ayes

*5) Appointment of Glen A. Worrell (replacing Kenneth Witte) as Third District Member to the Mental Health Board, term to expire December 31, 2001 - MADE APPOINTMENT
Pz-Pa

All Ayes

*6) Reappointment of Arlo Sturgeon to the Human Relations Commission, term to expire March 5, 2001 - MADE REAPPOINTMENT
Pz-Pa

All Ayes

*7) Reappointment of Manuel Melero to the Human Relations Commission, term to expire December 17, 2000 - MADE REAPPOINTMENT
NOTE: Items 8 and 9 were heard in reverse order
BOARD MEMBER ANNOUNCEMENTS OR REPORTS
8) 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 McQUISTON EXPRESSED GRATITUDE TO SEVERAL AGENCIES AND INDIVIDUALS FOR SUCCESSFUL EFFORTS TO RESTORE ESSENTIAL COMMERCIAL AIR SERVICE TO INYOKERN: THE FEDERAL AVIATION ADMINISTRATION, U.S. DEPARTMENT OF NAVY AT CHINA LAKE, U.S. DEPARTMENT OF AIR FORCE AT EDWARDS AFB, AND CONGRESSMAN BILL THOMAS.



SUPERVISOR PEREZ ANNOUNCED THAT HE AND SUPERVISOR McQUISTON WILL BE ABSENT FROM NEXT WEEK'S BOARD MEETING AS THEY HAVE BEEN INVITED TO TESTIFY BEFORE THE SENATE SELECT COMMITTEE ON DEFENSE, AND THE ASSEMBLY SELECT COMMITTEE ON AEROSPACE TO PRESERVE MILITARY EMPLOYMENT IN CALIFORNIA, SPECIFICALLY IN EASTERN KERN COUNTY. SUPERVISOR PEREZ ALSO INDICATED HE MAY BE ABSENT FROM THE APRIL 13 MEETING TO ATTEND MEETINGS ON BEHALF OF THE CALIFORNIA STATE ASSOCIATION OF COUNTIES AND KERN COUNTY.



SUPERVISOR PATRICK REPORTED SHE WAS IN WASHINGTON, D.C. LAST WEEK WITH A DELEGATION FROM THE CALIFORNIA AIR RESOURCES CONTROL BOARD, SAN JOAQUIN VALLEY JOINT UNIFIED AIR POLLUTION CONTROL BOARD, INDEPENDENT OIL PRODUCERS OF AMERICA, WESTERN STATES PETROLEUM, AND THE NISEI FARMERS LEAGUE TO MEET WITH FEDERAL LEGISLATORS TO SECURE $2.6 MILLION FOR THE CALIFORNIA REGIONAL PM 10/PM 2.5 AIR QUALITY STUDY.

PUBLIC PRESENTATIONS
9) 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! - DR. BARRY JACOBS, PRESIDENT, HUMAN RELATIONS COMMISSION, EXPRESSED HIS APPRECIATION TO THE BOARD FOR THE REAPPOINTMENTS OF ARLO STURGEON AND MANUEL MELERO TO THE COMMISSION
DEPARTMENTAL REQUESTS



AGRICULTURAL COMMISSIONER

Pz-Pa

All Ayes

*10) Appropriation of unanticipated revenue in the amount of $66,439.34 from the California Department of Food and Agriculture for reimbursement of High Risk Pest Exclusion, Agreement No. 98-0332 and request for addition of two (2) Agricultural Biologist positions (fully State-funded) - APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $66,439.34 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER FROM APPROPRIATIONS FOR CONTINGENCIES TO BUDGET UNIT 2610 IN THE AMOUNT OF $66,439.34; APPROVED ADDITION OF TWO (2) AGRICULTURAL BIOLOGISTS EFFECTIVE MARCH 30, 1999; REFERRED TO PERSONNEL TO AMEND THE DEPARTMENTAL POSITIONS AND SALARY SCHEDULE
AIRPORTS
Pz-Pa

All Ayes

*11) Proposed Amendment to Lease Agreement with Randy Griffith at Taft Airport - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PURSUANT TO SECTION 15301 OF CEQA GUIDELINES; AUTHORIZED CLERK OF THE BOARD TO FILE NOTICE OF EXEMPTION; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 167-99
Pz-Pa

All Ayes

*12) Proposed Lease Agreement with Dave Chrouch for land and non-exclusive use area at Taft Airport - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PURSUANT TO SECTION 15301 OF CEQA GUIDELINES; AUTHORIZED CLERK OF THE BOARD TO FILE NOTICE OF EXEMPTION; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 168-99
Pe-Pa

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 THE FEDERAL AVIATION ADMINISTRATION MADE A GRANT OFFER AFTER PREPARATION OF THE AGENDA AND REQUIRES THE COUNTY TO ACCEPT THE OFFER ON OR BEFORE MARCH 30, 1999
Pa-Pz

All Ayes

12A) Proposed Grant Agreement with Federal Aviation Administration for Airport Terminal Design - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 169-99; APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $512,616 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER IN THE AMOUNT OF $512,616 FROM APPROPRIATIONS FOR CONTINGENCIES TO MASTER PLAN BUDGET UNIT 8995.8910
COUNTY ADMINISTRATIVE OFFICE
Pz-Pa

All Ayes

*13) Proposed amendment to Agreement with Pharmaceutical Care Network for prescription drug claims administration to effect cost reductions and to move the mail order component of the program to Certifax Pharmacy Services and proposed termination of Agreement with Systemed (Merck-Medco) for prescription drug mail order services - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 170-99; TERMINATED AGREEMENT NO. 193-95 WITH SYSTEMED (MERCK-MEDCO)
Pz-Pa

All Ayes

*14) Proposed establishment of separate capital project funds for separation of grade projects - 1) AUTHORIZED ESTABLISHMENT OF OAK CREEK SEPARATION FUND #00153 (AS INTEREST BEARING); 2) AUTHORIZED ESTABLISHMENT OF CALLOWAY SEPARATION GRADE FUND #00154 (AS INTEREST BEARING); 3) AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO MAKE NECESSARY ADJUSTMENTS TO TRANSFER FUNDS FROM GENERAL FUND INTO THE NEW CAPITAL PROJECTS FUNDS; 4) AUTHORIZED ESTABLISHMENT OF A LINE OF CREDIT FROM THE ACO-GENERAL FUND TO OAK CREEK SEPARATION GRADE FUND IN AN AMOUNT NOT TO EXCEED $3,200,000 AND TO CALLOWAY SEPARATION GRADE FUND IN AN AMOUNT NOT TO EXCEED $9,000,000
Pz-Pa

All Ayes

*15) Proposed amendment to Agreement with The Lynn Company for COBRA Health Insurance Plan administration to increase monthly administrative fee from $900 to $1,250 per month and to extend term of agreement to April 30, 2001 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 171-99
Pz-Pa

All Ayes

*16) Proposed Agreements for municipal finance consultant services with Leifer Capital, Inc., in an amount not to exceed $65,000, and bond and disclosure counsel services with Hawkins, Delafield & Wood, in an amount not to exceed $12,000, for issuance of tax and revenue anticipation notes for Fiscal Year 1999-2000 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENTS 172-99 AND 173-99
Pz-Pa

All Ayes

*17) Status Report on the Metropolitan Recreation Center Master Plan - RECEIVED AND FILED
COUNTY ADMINISTRATIVE OFFICE

General Services Division



S.D. #1

Pz-Pa

All Ayes

*18) Indemnification Provisions (3) for acquisition of the existing Ridgecrest Landfill and buffer area from Bureau of Land Management - APPROVED; AUTHORIZED CHAIRMAN TO SIGN
Pz-Pa

All Ayes

*19) Request for retroactive approval of payment to Michael Stickney for appraisal services, in an amount not to exceed $2,000 - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PAY
S.D.'s #1, 3, 4, & 5
Pz-Pa

All Ayes

*20) Application for pipeline franchise from Unocal California Pipe Line Company - ADOPTED RESOLUTION 99-074 SETTING HEARING FOR TUESDAY, MAY 4, 1999, AT 9:00 A.M.; DIRECTED CLERK OF THE BOARD TO PUBLISH
S.D. #3
Pz-Pa

All Ayes

21) Proposed Option Agreement with Sabater S. A., for purchase of property near Meadows Field, not to exceed $30,000 for maximum of two years - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 174-99; AUTHORIZED AUDITOR-CONTROLLER TO ISSUE A WARRANT IN THE AMOUNT OF $10,000 PAYABLE TO SABATER S.A., FOR THE FIRST OPTION
S.D. #5
Pz-Pa

All Ayes

*22) (8997.7001CW) Change Order No. 1, providing for a decrease of $16,414 for the Kern Medical Center Third Floor "B" Wing Remodel - APPROVED; AUTHORIZED CHAIRMAN TO SIGN
Pz-Pa

All Ayes

*23) (1960.8191) Plans and specifications for flooring, lighting and soffit repair at the Lamont Library - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301(a); AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTION; APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED PURCHASING AGENT TO SOLICIT BIDS
All S.D.'s
Pz-Pa

All Ayes

*24) (1960.8197) Plans and specifications for communications towers and site improvements at various locations - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTION; APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED GENERAL SERVICES TO PUBLISH PURSUANT TO PUBLIC CONTRACT CODE SECTION 20125; BID OPENING IS SCHEDULED FOR THURSDAY, APRIL 29, 1999, AT 11:00 A.M.
COUNTY COUNSEL
Pz-Pa

All Ayes

*25) Request from Kern County Committee on School District Organization for an Order for Change in Boundaries of the Rosedale Union School District and the Fruitvale School District - APPROVED; ADOPTED RESOLUTION 99-075
Pz-Pa

All Ayes

*26) Amendment to Sections 5.20.110 and 5.20.120 of the Ordinance Code to comply with the California Gaming Control Act - WAIVED READING; INTRODUCED ORDINANCE
EMERGENCY MEDICAL SERVICES
Pz-Pa

All Ayes

*27) Update regarding Hospital Emergency Room saturation issue - RECEIVED AND FILED
KERN MEDICAL CENTER
Pz-Pa

All Ayes

*28) Proposed retroactive approval of Amendment No. 1 to Agreement for Professional Services with Nationwide Medical Services, Inc., amending physician compensation daily rate to $885 from $785 with no increase in agreement cap (prior notification March 16, 1999) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 175-99
Pz-Pa

All Ayes

*29) Proposed Amendment No. 5 to Management Services Agreement with Servicemaster Management for housekeeping services, extending term of agreement through June 30, 1999; no change in fees - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 176-99
Pz-Pa

All Ayes

*30) Request to employ retired County employee Margaret Herrera as Patient Representative, Range 51.1, Step E, on an extra-help basis for a period not to exceed 120 working days or 960 hours, effective March 30, 1999 - APPROVED
Pz-Pa

All Ayes

*31) Proposed change of Medical Staff category for Sudhir Patel, M.D., to active staff of the Department of Pediatrics - APPROVED
Pz-Pa

All Ayes

*32) Proposed acceptance of donation of travel expenses from Pfizer, Inc., and approval of travel request of Hanh-Nguyen Do, M.D., to attend the Great Expectations: Practice Management Essentials for Obstetrics and Gynecology Residents conference to be held in Philadelphia, PA, May 12 to 15, 1999 - APPROVED; ADOPTED RESOLUTION 99-076 ACCEPTING DONATION OF TRAVEL EXPENSES
Pz-Pa

All Ayes

*33) Proposed approval of Amendment No. 8 to Agreement with ARAMARK Healthcare Support Services, Inc., for dietary management services, extending term of Agreement to June 30, 1999; no change in fees - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 177-99
Pz-Pa

All Ayes

*34) Proposed approval of Agreement with Watchchild Data Management System for purchase of computer hardware, application software, and implementation services, in an amount not to exceed $315,739, and $37,212 for the extended service agreement - APPROVED; ADOPTED RESOLUTION 99-077; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 178-99
Pz-Pa

All Ayes

*35) Proposed retroactive approval of Hospital Services Agreement with Bakersfield Family Medical Center for inpatient, outpatient and emergency hospital services from February 1, 1999, to June 31, 2002 (prior notification March 16, 1999) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 179-99
Pz-Pa

All Ayes

*36) Unusual travel request for Sarojini V. Rajguru, M.D., to attend the 1999 Annual Meeting of the American Psychiatric Association to be held in Washington, D. C., from May 14 to 23, 1999, in an amount not to exceed $1,352 - APPROVED
Pz-Pa

All Ayes

*37) Proposed Software License Agreement with Minnesota Mining and Manufacturing Company (3M), for purchase of updated software which integrates hospital coding programs to improve accuracy in billing, meet Y2K compliance, and federal billing compliance requirements, in an amount not to exceed $54,306 for the first year, for a maximum of $263,762 over the next five years, effective April 1, 1999 through March 31, 2004 - APPROVED; ADOPTED RESOLUTION 99-078; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 180-99
LIBRARY
Pe-Pr

All Ayes

MOTION TO CONSIDER NON-AGENDA ITEM: MADE FINDING THAT NEED TO TAKE ACTION ON A NON-AGENDA MATTER OCCURRED AFTER THE AGENDA WAS POSTED BECAUSE NOTIFICATION OF A PG&E POWER SHUT DOWN AT THE BEALE LIBRARY WAS NOT RECEIVED UNTIL MARCH 26, 1999
Pz-Pa

All Ayes

37A) Authorize closure of Beale Memorial Library on Monday, April 5, 1999 due to power shut down by PG&E to facilitate construction of the new Amtrak station - APPROVED
MENTAL HEALTH SERVICES
Pz-Pa

All Ayes

*38) Proposed Amendment No. 1 to Agreement No. 200-98 with Rowan Brooks, M.F.C.C., Fiscal Year 1998-99, for the provision of mental health services to clients residing in Kern County, extending the term from March 31, 1999 to June 30, 1999 (no fiscal impact) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 181-99
Pz-Pa

All Ayes

*39) Proposed approval of Springtime In Anaheim III Training Conference May 20-21, 1999, for the provision of Dual Diagnosis Training, State Department of Mental Health - APPROVED; AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO PAY, NOT TO EXCEED FUNDS GENERATED FOR CONFERENCE
PROBATION DEPARTMENT
Pz-Pa

All Ayes

*40) Request to hire retired County employee Richard Forrest as a Deputy Probation Officer II, (Range 49.7, Step A), extra help, not to exceed 120 working days or 960 hours, effective April 1, 1999 - APPROVED
PUBLIC HEALTH SERVICES
Pz-Pa

All Ayes

*41) Proposed retroactive Agreement with Ebony Counseling Center, in an amount not to exceed $115,012, to provide activities for a Medi-Cal Outreach Project, for the term February 9, 1999 to September 30, 1999 (prior notification February 9, 1999) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 182-99
Pz-Pa

All Ayes

*42) Proposed retroactive Agreement with Clinica Sierra Vista, Inc., in an amount not to exceed $193,108, to provide activities for a Medi-Cal Outreach Project, for the term February 9, 1999 to September 30, 1999 (prior notification February 9, 1999) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 183-99
Pz-Pa

All Ayes

*43) Proposed retroactive Agreement with Kern County Economic Opportunity Corporation, in an amount not to exceed $36,880, to provide activities for a Medi-Cal Outreach Project, for the term March 16, 1999 to September 30, 1999 (prior notification March 16, 1999) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 184-99
Pz-Pa

All Ayes

*44) Proposed Agreement with Arnold Chun, M.D., in an amount not to exceed $16,815, to provide medical services in the California Children Services Medical Therapy Unit, for the term April 1, 1999 to July 31, 2000 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 185-99
Pz-Pa

All Ayes

*45) Proposed Agreement with Florence Ann West, to provide Consultation and Budget Preparation Services, in an amount not to exceed $20,000 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 186-99
SHERIFF
Pz-Pa

All Ayes

*46) Appropriation of unanticipated revenues and authorization of an increase in departmental expenditure authority - APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $14,000 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER FROM APPROPRIATIONS FOR CONTINGENCIES TO SHERIFF'S BUDGET UNIT 2210 IN THE AMOUNT OF $14,000
Pz-Pa

All Ayes

*47) Application to hold parade, Greenhorn Mountain Veterans Association, Glenville, June 6, 1999 - FOUND THAT THE SHERIFF HAS NOTED HIS APPROVAL ON THE PERMIT AND THAT THE PARADE WILL NOT RESULT IN THE UNDUE OR UNMANAGEABLE OBSTRUCTION OR HINDRANCE OF TRAFFIC ON THE HIGHWAY WHERE IT IS TO BE HELD; WILL NOT LEAD TO BREACH OF THE PEACE, PROPERTY DAMAGE, OR OTHER DISORDERLY OR UNLAWFUL CONDUCT; WILL NOT CONFLICT WITH OTHER PARADES PREVIOUSLY GRANTED PERMITS, AND THAT THE SHERIFF HAS FACILITIES TO PROPERLY SUPERVISE THE PARADE; APPROVED PERMIT; AUTHORIZED CHAIRMAN TO SIGN
CLOSED SESSIONS



COUNTY ADMINISTRATIVE OFFICE

WITH-

DRAWN

48) Request for Closed Session regarding Meet and Confer, CCAPE, KCPA, KLEA, KCFFU -
Pz-Pe

All Ayes

49) Request for Closed Session regarding Department Head performance evaluation, Director of Emergency Medical Services -
COUNTY COUNSEL
Pz-Pe

All Ayes

50) Request for Closed Session regarding potential litigation against the County (one case) (Government Code Section 54956.9(b)(1)(3)(E)) -
Pz-Pe

All Ayes

50A) Results of Closed Session regarding potential litigation against the County (one case) (Government Code Section 54956.9(b)(1)(3)(E)) - CONTINUED TO TUESDAY, MARCH 30, 1999 AT 2:00 P.M., ITEM #21
Pz-Pe

All Ayes

51) Request for Closed Session to determine whether the County will initiate or intervene in litigation or join as amicus curiae in a lawsuit (Government Code Section 54956.9(c)) -
Pz-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, March 30, 1999



2:00 P.M.



BOARD RECONVENED

Supervisors: McQuiston, Perez, Patrick, Peterson, Parra

ROLL CALL: All Present





CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: ALL ITEMS LISTED WITH AN ASTERISK (*) OR A NUMBER SIGN (#) WERE CONSIDERED TO BE ROUTINE AND 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
















Pe-Pz

All Ayes

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 PETERSON DISCUSSED THE BOARD'S PAST POSITION OF SUPPORT REGARDING THE CROSSTOWN FREEWAY.

REFERRED TO COUNTY ADMINISTRATIVE OFFICE TO REVIEW ISSUES ASSOCIATED WITH THE CROSSTOWN FREEWAY ALIGNMENT IN COORDINATION WITH STATE LEGISLATORS, KERNCOG, AND THE KERN COUNTY WATER AGENCY AND DEVELOP RECOMMENDATIONS STATING THE BOARD'S POSITION ON THIS ISSUE.



SUPERVISOR PATRICK ANNOUNCED THAT SHE ATTENDED THE AIR QUALITY FOR LOCAL ELECTED OFFICIALS CONFERENCE ON MARCH 17-18, 1999

DEPARTMENTAL REQUESTS


RESOURCE MANAGEMENT AGENCY

Planning Department

Land Use

S.D. 2

Pe-Pa

All Ayes

*3) Notice of Nonrenewal 99-2 of Land Use Contract, Costerisan Trust - DIRECTED CLERK OF THE BOARD TO RECORD NOTICE OF NONRENEWAL AND TRANSMIT COPY OF RECORDED DOCUMENT TO PLANNING





Pe-Pa

All Ayes



*4)

S.D. 3



Review of proposed project in City portion of Kern River Plan Element, located north of Stockdale Highway, west of Coffee Road and the Arvin-Edison Canal, City of Bakersfield, 3.4 acres - AUTHORIZED PLANNING DIRECTOR TO FORWARD LETTER TO CITY OF BAKERSFIELD WITH RECOMMENDATION THAT CITY DISAPPROVE PROPOSED GENERAL PLAN AMENDMENT AND ZONE CHANGE P98-0976



RESOURCE MANAGEMENT AGENCY

Engineering and Survey Services





Pe-Pa

All Ayes





*5)
All S.D.'s

Request for Proposal for structural plan review services; Funding: not to exceed $200,000 annually, Building Inspection Division Enterprise Fund; Unbudgeted; Discretionary - APPROVED; AUTHORIZED ENGINEERING & SURVEY SERVICES TO ISSUE REQUEST FOR PROPOSAL





Pe-Pr

All Ayes





6)
All S.D.'s

Update Certification in the Community Rating System (CRS) Program of the National Flood Insurance Program (NFIP) - CONTINUED TO TUESDAY, APRIL 13, 1999, AT 2:00 P.M.



RESOURCE MANAGEMENT AGENCY

Roads Department





Pe-Pa

All Ayes





*7)
S.D. 2

Contract No. 99013, Plans, Specifications, and Notice to Contractors for construction on Adobe Road from Sandrini Road to 3.83 miles north - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; AUTHORIZED ROADS TO FILE NOTICE OF EXEMPTION; APPROVED PLANS AND SPECIFICATIONS; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED ROADS TO PUBLISH PURSUANT TO SECTION 20392 OF PUBLIC CONTRACTS CODE; BID OPENING DATE TO BE WEDNESDAY, APRIL 28, 1999, AT 11:00 A.M.





Pe-Pa

All Ayes





*8)
S.D. 4

Proposed Agreement with Harber Companies, Inc., to provide broken concrete at no cost for County to recycle and use in County construction projects in Frazier Park area - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 187-99





Pe-Pa

All Ayes





*9)
S.D. 5

Report on Emergency Road Closure by San Joaquin Valley Railroad on Landers Road at San Joaquin Valley Railroad on March 16, 1999, to construct rail crossing - RECEIVED AND FILED





Pe-Pa

All Ayes





*10)
S.D. 1 & 2

Contract No. 99025, accept low bid of Granite Construction in the amount of $176,850 for construction of asphalt concrete (stockpile) at various locations in east Kern County - ACCEPTED BID; AUTHORIZED ROADS TO PREPARE NECESSARY CONTRACT DOCUMENTS AND RELEASE ALL OTHER BID GUARANTEES





Pe-Pa

All Ayes





*11)
S.D.'s 1, 3, 4, & 5

Contract No. 99024, accept low bid from Calmat Company in the amount of $463,680 for construction of asphalt concrete (stockpile) at various locations in Kern County - ACCEPTED BID; AUTHORIZED ROADS TO PREPARE NECESSARY CONTRACT DOCUMENTS AND RELEASE ALL OTHER BID GUARANTEES





WASTE MANAGEMENT




Pe-Pa

All Ayes





*12)
S.D. 2

Project Completion Report for Purchase Order No. 906235, Tehachapi Sanitary Landfill Grading and Drainage Maintenance - RECEIVED AND FILED





Pe-Pa

All Ayes





*13)
All S.D.'s

Kern County Waste Management Department's 1999 Strategic Goals and 1998 Accomplishments - RECEIVED AND FILED

Pe-Pa

All Ayes

*14) Proposed Agreement for Professional Services with Boyle Engineering Corporation to provide engineering services for County waste facilities in an amount not to exceed $50,000 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 188-99

CONSIDERATION OF ORDINANCE INTRODUCED ON TUESDAY, MARCH 23, 1999
Pe-Pa

All Ayes

*15 Proposed Ordinance revising Chapter 2.95 of the Kern County Ordinance Code concerning the Children and Families First Commission - ENACTED ORDINANCE G-6587

MATTERS FOR EXECUTIVE APPROVAL
Pe-Pa

All Ayes

*16) Budget Transfers - APPROVED #159 THROUGH #166



Pe-Pa

All Ayes

*17) Minutes for week of February 22, 1999 - APPROVED WITH CORRECTION TO TUESDAY, 9:00 A.M. ITEM NO. 16, TO READ, "APPROVED SUBJECT TO SUBMISSION OF BOND CERTIFICATE"

Pe-Pa

All Ayes

*18) Miscellaneous Letters and Documents - FILED

Pe-Pa

All Ayes

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

Pe-Pa

All Ayes

*20) Claims and Lawsuits filed with and referred by Clerk of the Board - APPROVED AND FILED

CLOSED SESSION
COUNTY COUNSEL
Pa-Pz

All Ayes

21) Request for Closed Session regarding potential litigation against the County (one case) (Government Code Section 54956.9(b)(1)(3)(E)) (from 03/30/99, 9:00 A.M. Item No. 50) -



Pe-Pz


RECONVENED AND ADJOURNED TO TUESDAY, APRIL 6, 1999, AT 9:00 A.M.




_______________________________

Clerk of the Board





_______________________________

Chairman, Board of Supervisors



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18) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED
Auditor-Controller-County Clerk
A) Report of Current Internal Controls and Financial Records of the Department of Human Services
Clerk of the Board
B) Memorandum from Supervisor Pete Parra re vacancy of Local Child Care and Development Commission (Copy to each Supervisor and CAO)
C) Received, certified, and forwarded to Recorder for Recordation as follows:

1) Tract Map No. 5684-Phase 2 (S.D. 3)

2) Parcel Map No. 10517 (S.D. 5)

Community Development
D) County Loan Agreement, Home Investment Partnerships Program, Owner Rehabilitation Program with Frank H. Reyes and Antonio B. Reyes
E) County Loan Agreement, Home Investment Partnerships Program, First-Time Homebuyers Mortgage Assistance Program with Adolf Garcia
F) County Loan Agreement, Home Investment Partnerships Program, First-Time Homebuyers Mortgage Assistance Program with Juan R. Medina and Maribel Medina
Local Agency Formation Commission
G) Proceeding No. 1257, Report and Recommendation in the matter of City of Bakersfield: Annexation No. 401 (Panama No. 13) (Copy to each Supervisor and CAO)
H) Agenda of meeting for March 23, 1999 (Copy to each Supervisor and CAO)
I) Minutes of Special meeting from February 17, 1999 (Copy to each Supervisor and CAO)
J) Minutes of meeting from February 23, 1999 (Copy to each Supervisor and CAO)
Planning
K) Letter re proposed street name "Watkins Lane"
Public Health
L) Letter re availability of funds for HIV/AIDS Education and Prevention services (Copy to each Supervisor and CAO)
Retirement
M) Letter re meeting of the Kern County Employees' Retirement Association Board of Retirement for Wednesday, March 24, 1999 (Copy to each Supervisor and CAO)
Miscellaneous
N) Letter from Kern County Association of Cities Inc., re nominee of Tehachapi Council Member James Franklin to Solid Waste Management Advisory Committee (SWMAC) (Copy to each Supervisor and CAO)
O) Letter from Kern Water Bank Authority re Route 58 Adoption Project (Copy to each Supervisor, CAO, Roads, RMA and Planning)
P) Letter from Kern County Water Agency re proposed alignment of the Kern River Freeway (Copy to each Supervisor, CAO, Planning and Roads)
Q) Letter from Cox Communications re National Cable Television Association (NCTA) Seal for January 1, 1998-December 31, 1998 (Copy to each Supervisor and CAO)
R) Letter of correspondence from Angelina Carmen Morosa re Notice of Default (Copy to each Supervisor, CAO and County Counsel)
S) Letter from California Department of Food and Agriculture re Red Imported Fire Ant Action Plans (Copy to each Supervisor, CAO, Ag Department, Public Health and Environmental Health)
T) Two (2) letters from United States Department of the Interior, Bureau of Land Management re Notice of Exchange Proposal administered by the Bureau of Land Management north of Lost Hills (Copy to each Supervisor, CAO and Planning)
U) Newsletter from U.S. Senator Barbara Boxer re FEMA Disaster Declaration (Copy to each Supervisor and CAO)
V) Resolution No. 99-5 of the Board of Directors of Kern-Tulare Water District making estimate for FY 1999 of the sum required by Kern-Tulare Water District to discharge all obligations maturing during the year (Copy to each Supervisor, CAO and Auditor)
W) Resolution No. 99-6 of the Board of Directors of Rag Gulch Water District making estimates for the FY 1998 of the sum required by Rag Gulch Water District to discharge all obligations maturing during the year (Copy to each Supervisor, CAO and Auditor)
X) Notice of Application before the Public Utilities Commission to decrease electric rates at the end of the rate freeze from PG&E (Copy to each Supervisor, CAO, Auditor and General Services)
Y) Eco-Update from Calfed Bay-Delta Program re news about the Calfed Ecosystem Restoration Program (Copy to each Supervisor and CAO)
Z) California State Association of Counties (CSAC) Legislative Bulletin (Copy to each Supervisor and CAO)
AA) Brochure from Office of Juvenile Justice and Delinquency Prevention (Copy to each Supervisor and CAO)
BB) Book Publication by the Water Education Foundation titled "Western Water, Calfed and the Delta Fix" (Copy to each Supervisor and CAO)
CC) Book from Office of Juvenile Justice and Delinquency Prevention titled "Juvenile Mentoring Program, 1998 Report to Congress" (Copy to each Supervisor, CAO and Probation)
DD) Agenda for meeting of March 25, 1999 from the Kern County Planning Commission (Copy to each Supervisor and CAO)
EE) Agenda for meeting of April 1, 1999 from Fish and Game Commission (Copy to each Supervisor, CAO, RMA and Planning)
FF) Agenda for meeting of April 7, 1999 from Kern County AIDS Advisory Board (Copy to each Supervisor and CAO)
GG) Agenda for meeting of April 7, 1999 from AIDS Advisory Board of Kern County, Ryan White Sub-Committee (Copy to each Supervisor and CAO)
HH) Minutes for meeting from February 18, 1999 of Kern Council of Governments Transportation Planning Policy Committee (Copy to each Supervisor and CAO)
19) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD -APPROVED AND FILED
A) Application for alcohol beverage license(s): Chevron, 13003 Rosedale Highway, Bakersfield, CA; Kooter Browns Tavern, 10807 Rosedale Highway, Bakersfield, CA; Sandy's Two Sisters, 6601 Inyokern Road, Inyokern, CA - REFERRED TO PLANNING (Copy to each Supervisor, CAO and County Counsel)
20) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY THE CLERK OF THE BOARD - APPROVED AND FILED
A) Claim in the matter of Philip Brothers vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
B) Notice of Hearing on Motion to Compromise Controversy in the matter of Douglas Holmes Haden and Karen Johnson Haden before the United States Bankruptcy Court -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
C) Summons and Complaint in the matter of Randy Hotz vs. Kern County -REFERRED TO COUNTY (Copy to Risk Management)
D) Claim in the matter of Elvin Ortiz vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
E) Two (2) subrogation claims in the matter of Gan-Trans Limited, employee: Gary Sommers by Paula Insurance Company vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
F) Claim in the matter of Robert Amado Rivera vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
G) Claim in the matter of Sharon Vieyra vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
H) Claim in the matter of Linda K. Wattenbarger vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)