SUMMARY OF PROCEEDINGS



BOARD OF SUPERVISORS - COUNTY OF KERN



1115 Truxtun Avenue

Bakersfield, California



Regular Meeting

Tuesday, May 11, 1999

9:00 A.M.



BOARD RECONVENED

Supervisors: McQuiston, Perez, Patrick, Peterson, Parra

ROLL CALL: All Present



SALUTE TO FLAG - Led by Supervisor Patrick



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
Pe-Pr

All Ayes

1) Proclamation proclaiming May 9 through 31, 1999 as Healthy Mothers, Healthy Babies Blue Ribbon Campaign Month in Kern County - PROCLAIMED; MADE PRESENTATION TO AMY SMITH AND LINDA ERB, HEALTHY MOTHERS, HEALTHY BABIES; AMY SMITH HEARD
Pa-Pz

All Ayes

2) Proclamations proclaiming May, 1999 as Clean Air Month; May 10 through 17, 1999 as Blue Ribbon Week; and Wednesday, May 12, 1999 as Try Transit Day in Kern County - PROCLAIMED; MADE PRESENTATION TO LINDA URATA, PROJECT CLEAN AIR, AND CHERYL SCOTT, GOLDEN EMPIRE TRANSIT; LINDA URATA AND CHERYL SCOTT HEARD
Pe-Pz

All Ayes

3) Proclamation proclaiming May 10 through May 15, 1999 as Elder Abuse Prevention Week in Kern County - PROCLAIMED; MADE PRESENTATION TO PAUL ROZELL, CHAIRMAN, ELDER ABUSE PREVENTION COUNCIL, AND RON ERREA, DIRECTOR, AGING AND ADULT SERVICES; PAUL ROZELL AND RON ERREA HEARD
Pz-Pa

All Ayes

*4) Proclamation proclaiming May, 1999 as Older Americans Month in Kern County - PROCLAIMED; REFERRED TO CLERK OF THE BOARD FOR PREPARATION
Pe-Pr

All Ayes

5) Proclamation proclaiming May 9 through 15, 1999 as Juror Appreciation Week - PROCLAIMED; MADE PRESENTATION TO TERRY McNALLY, COURT EXECUTIVE OFFICER, AND GEORGIA PEMBERTON, ASSISTANT JURY SUPERVISOR; TERRY McNALLY HEARD
PUBLIC REQUESTS
Pe-Pa

All Ayes

6) Request of Donald F. Koenig of West Side Recreation and Park District to address the Board regarding the Golf Course Management Agreement for Buena Vista Golf Course - REFERRED TO COUNTY ADMINISTRATIVE OFFICE, GENERAL SERVICES, AND PARKS DEPARTMENT FOR REPORT BACK TO THE BOARD
7) Request of Ed Velasquez, Chief Executive Officer, Kern County Economic Opportunity Corporation, to address the Board regarding results of independent audit on the Kern Freeze Relief Coalition account - ED VELASQUEZ; BOB YSABO, YSABO, BURNACEK & CO.; GARY MADDEN, MANAGER, KERN COUNTY FOOD BANK; BILL WILBANKS, ASSISTANT COUNTY ADMINISTRATIVE OFFICER, GENERAL SERVICES; JOHN NILON, DIRECTOR, EMPLOYERS' TRAINING RESOURCE, HEARD
APPOINTMENTS
Pz-Pa

All Ayes

*8) Appointment of Vernon Valenzuela to the Alcohol and Drug Advisory Board, term to expire December 31, 2001 - MADE APPOINTMENT
Pz-Pa

All Ayes

*9) Appointment of Richard Freeland (replacing Ralph Hadlock, deceased) to the Kern Mosquito and Vector Control District, term to expire December 31, 1999 - MADE APPOINTMENT
PUBLIC PRESENTATIONS
10) 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
11) 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 REPORTED ON A MEETING HE ATTENDED LAST WEEK IN LOS ANGELES WITH REPRESENTATIVES FROM THE STATES OF UTAH, ARIZONA, NEW MEXICO, AND CALIFORNIA RELATIVE TO THE SOUTHWEST DEFENSE ALLIANCE



SUPERVISOR PEREZ COMMENTED THAT HE MET WITH GENERAL REYNOLDS FROM EDWARDS AIR FORCE BASE REGARDING THE FUTURE OF MILITARY BASES IN KERN COUNTY

DEPARTMENTAL REQUESTS



AGRICULTURAL COMMISSIONER

Pz-Pa

All Ayes

*12) Proposed renewal of Agreement No. 99-73-06-0255-RA for Annual Work Plan with the United States Department of Agriculture, Wildlife Services, to control damaging and dangerous predators, from July 1, 1999 through June 30, 2000, in an amount not to exceed $47,120 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 257-99
Pz-Pa

All Ayes

*13) 1998 Kern County Agricultural Crop Report - RECEIVED AND FILED
BOARD OF SUPERVISORS
Pe-Pr

All Ayes

14) Request of Supervisor Peterson to send a letter to President Clinton requesting the elimination of the Adventure Pass Program on Kern County Forest - CONTINUED TO TUESDAY, MAY 18, 1999 AT 9:00 A.M.
Pz-Pa

All Ayes

*15) Request of Supervisor McQuiston to present the request of the City of McFarland to transfer ownership of the McFarland Community Building from the County of Kern to the City of McFarland - REFERRED TO COUNTY ADMINISTRATIVE OFFICE
COUNTY ADMINISTRATIVE OFFICE
Pz-Pa

All Ayes

*16) Proposed Amendment to Lease Agreement with Kern Economic Development Corporation, for increased space within the Public Services Building - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 258-99
Pz-Pa

All Ayes

*17) Status report on Kern River Freeway Alignment - RECEIVED AND FILED; DEFERRED ANY ACTION REGARDING THE CURRENTLY-ADOPTED KERN RIVER FREEWAY ALIGNMENT PENDING COMPLETION OF ENVIRONMENTAL REVIEW PROCESS
Pz-Pa

All Ayes

*18) Year 2000 Readiness update report - RECEIVED AND FILED
Legislative Matters
Pz-Pa

All Ayes

*19) Return of local property taxes from State use to local use - ADOPTED RESOLUTION 99-120 OF SUPPORT; AUTHORIZED CHAIRMAN TO SIGN
Pz-Pa

All Ayes

*20) AB 157: Rural crime prevention demonstration project - ADOPTED POSITION OF SUPPORT; AUTHORIZED CHAIRMAN TO SIGN
Pz-Pa

All Ayes

*21) Full and equitable federal funding for local law enforcement, juvenile justice, and criminal alien assistance grants - ADOPTED POSITION OF SUPPORT; AUTHORIZED CHAIRMAN TO SIGN
Pz-Pa

All Ayes

*22) SB 288: In-home supportive services - ADOPTED POSITION OF OPPOSITION UNLESS AMENDED; AUTHORIZED CHAIRMAN TO SIGN
Pz-Pa

All Ayes

*23) AB 1482: Animal control shelters - ADOPTED POSITION OF SUPPORT; AUTHORIZED CHAIRMAN TO SIGN
COUNTY ADMINISTRATIVE OFFICE

General Services Division



Hearing

Pz-Pa

All Ayes

*24) Proposed two-year Energy Services Contract with Johnson Controls, Inc., for energy services and energy-related capital improvements at various County-owned facilities (all S.D.'s) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING THAT THE ANTICIPATED COST TO THE COUNTY FOR THE ENERGY SERVICES PROVIDED BY THE ENERGY CONSERVATION UTILITY UNDER CONTRACT WILL BE LESS THAN THE ANTICIPATED MARGINAL COST OF THE ENERGY THAT WOULD HAVE BEEN CONSUMED IN THE ABSENCE OF THE CONTRACT; APPROVED; AUTHORIZED ASSISTANT CAO FOR GENERAL SERVICES TO SIGN
S.D. #2
Pz-Pa

All Ayes

*25) Proposed Agreement with Kern County Air Pollution Control District for video-conferencing system from Mojave to Bakersfield - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 259-99; APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $144,729 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER FROM APPROPRIATIONS FOR CONTINGENCIES TO COMMUNICATIONS BUDGET UNIT 1510 IN THE AMOUNT OF $144,729; REFERRED TO GENERAL SERVICES FOR IMPLEMENTATION
S.D. #3
Pe-Pa

All Ayes

26) Request for retroactive approval of Third Amendment to Agreement with Lowell T. Patton for concession privileges at Sam Lynn Recreation Center, effective date of October 1, 1998 - CONTINUED TO TUESDAY, MAY 18, 1999 AT 9:00 A.M.
S.D. #4
Pz-Pa

All Ayes

*27) Proposed purchase of 50 acres of property north of the Shafter/Wasco landfill from Sam and Diane Ghilarducci - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15061(b)(3); DIRECTED CLERK OF THE BOARD TO COMPLETE AND FILE NOTICE OF EXEMPTION; ADOPTED RESOLUTION 99-121 SETTING HEARING FOR TUESDAY, JUNE 15, 1999, AT 9:00 A.M.; DIRECTED CLERK OF THE BOARD TO PUBLISH NOTICE
Pz-Pa

All Ayes

*28) Proposed purchase of two separate parcels of property: a 40-acre parcel at the southeast corner of Burbank Street and Palm Avenue west of Shafter, owned by Jose and Veronica Soto, et al,; and, a 90-acre parcel west of the Shafter/Wasco landfill, owned by Harold and Delpha Reimer - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15061(b)(3); DIRECTED CLERK OF THE BOARD TO COMPLETE AND FILE NOTICE OF EXEMPTION; ADOPTED RESOLUTION 99-122 SETTING HEARING FOR TUESDAY, JUNE 15, 1999, AT 9:00 A.M.; DIRECTED CLERK OF THE BOARD TO PUBLISH NOTICE
S.D. #5
Pz-Pa

All Ayes

*29) (1650.7095) Plans and specifications for the Kern Crossroads Facility, HVAC System Replacement - 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 TO BE TUESDAY, JUNE 1, 1999, AT 11:00 A.M.
Pz-Pa

All Ayes

*30) (5120.7001) Plans and specifications for the Jamison Children's Center, HVAC System Replacement - 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 TO BE TUESDAY, JUNE 1, 1999, AT 11:00 A.M.
Pz-Pa

All Ayes

*31) (8997.7001DF) Plans and specifications for Kern Medical Center, Basement and First Floor Fire Suppression System at "B" and "C" Wings - 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 GENERAL SERVICES TO PUBLISH PURSUANT TO PUBLIC CONTRACT CODE SECTION 20125; BID OPENING TO BE THURSDAY, JUNE 3, 1999, AT 11:00 A.M.
Pz-Pa

All Ayes

*32) Proposed purchase of right-of-way from Bill and Brenda Hicks, in the amount of $350, for a street and drainage improvement project in Edmundson Acres - APPROVED; DIRECTED AUDITOR-CONTROLLER TO PAY
Pz-Pa

All Ayes

*33) Proposed Agreement granting easement to WorldCom Network Services, Inc., for installation and operation of underground telecommunication facilities across County property at 2700 "M" Street - MADE FINDING THAT PROJECT IS EXEMPT UNDER SECTION 15301 OF CEQA; DIRECTED CLERK OF THE BOARD TO COMPLETE AND FILE NOTICE OF EXEMPTION; FOUND THAT GRANT OF EASEMENT IS IN THE PUBLIC INTEREST AND DOES NOT SUBSTANTIALLY CONFLICT OR INTERFERE WITH COUNTY'S USE OF THE PROPERTY; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 260-99
All S.D.'s
Pz-Pa

All Ayes

*34) Request for approval of standard form Speaker/Training Agreements and for authorization for Purchasing Agent to execute Agreements, not exceeding $2,500, subject to approval as to form by County Counsel - APPROVED; ADOPTED RESOLUTION 123-99
Pz-Pa

All Ayes

*35) Notification of Issuance of Request for Quotation for approximately $6.3 million replacement of Digital Microwave System - RECEIVED AND FILED
Pz-Pa

All Ayes

*36) Request for affirmation of authority to conduct real property negotiations with the United States of America - AFFIRMED THAT ALL REAL PROPERTY AGENTS HAD AUTHORITY TO SIGN THE "APPLICATION FOR LAND FOR RECREATION OR PUBLIC PURPOSES" FORMS FOR THE KERN RIVER VALLEY LANDFILL DATED SEPTEMBER 25, 1995 AND DECEMBER 12, 1996, AND FOR THE TWIN OAKS-LORAINE TRANSFER STATION DATED SEPTEMBER 25, 1995; AND THAT ALL REAL PROPERTY AGENTS, THE PROPERTY MANAGEMENT DIVISION CHIEF, AND THE ASSISTANT CAO HAVE AUTHORITY TO SIGN APPLICATIONS AND CONDUCT NEGOTIATIONS FOR REAL PROPERTY MATTERS INVOLVING LEASING AND ACQUISITION OF REAL PROPERTY FROM THE UNITED STATES OF AMERICA (INCLUDING BUREAU OF LAND MANAGEMENT)
COUNTY COUNSEL
Pz-Pa

All Ayes

*37) Request to authorize the Clerk of the Board of Supervisors to execute memorandum to Arvin Union Elementary School District, Delano Joint Union High School District, Lamont School District, Richland-Lerdo Elementary School District, Standard School District, Tehachapi Unified School District, and Vineland Elementary School District declining participation in 1999 Tax and Revenue Anticipation Notes - AUTHORIZED CLERK OF THE BOARD OF SUPERVISORS TO EXECUTE MEMORANDUM DECLINING PARTICIPATION IN 1999 TAX AND REVENUE ANTICIPATION NOTES
EMERGENCY MEDICAL SERVICES
Pz-Pa

All Ayes

*38) Update regarding Hospital Emergency Room saturation issue - RECEIVED AND FILED
EMPLOYERS' TRAINING RESOURCE
Pz-Pa

All Ayes

*39) Proposed retroactive Agreement with the Mexican-American Opportunity Foundation to provide Welfare-to-Work activities and supportive services in Kern County for the term March 1, 1999 through June 30, 1999, in an amount not to exceed $170,000 (prior notification on February 23, 1999) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 261-99
Pz-Pa

All Ayes

*40) Proposed retroactive Agreement with La Cooperativa Campensina de California to provide public service temporary jobs to individuals impacted by the 1998 freeze in an amount not to exceed $84,000, for the term February 1, 1999 through June 30, 1999 (prior notification on March 9, 1999) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 262-99
FIRE DEPARTMENT
Pz-Pa

All Ayes

*41) Proposed 1999-2002 Fire Protection Agreement with the State of California; Fiscal Impact: Estimated annual revenue to County of $7.3 million - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 263-99
Pz-Pa

All Ayes

*42) Request for approval of intent to donate surplus fire equipment - APPROVED INTENT TO DONATE ONE SURPLUS FIRE ENGINE TO SINALOA, MEXICO; DIRECTED COUNTY COUNSEL TO PREPARE NOTICE OF INTENT; DIRECTED CLERK OF THE BOARD TO PUBLISH
KERN MEDICAL CENTER
Pz-Pa

All Ayes

*43) Proposed purchase of Cardiac Catheterization Laboratory - (1) APPROVED PURCHASE OF CATHETERIZATION LABORATORY EQUIPMENT IN AN AMOUNT NOT TO EXCEED $1,265,538; (2) AUTHORIZED ASSOCIATED REMODELING/INSULATION PROJECT COSTING $228,000; (3) AUTHORIZED START UP OF PROGRAM FOR DIAGNOSTIC AND STABILIZATION CATHETERIZATION PROCEDURES; AND (4) AUTHORIZED USE OF AVAILABLE BALANCE FROM SURGICAL SERVICES FACILITIES COP TO HELP FUND PURCHASE OF EQUIPMENT AND RENOVATION COSTS
Pz-Pr

All Ayes

44) Notification of anticipated retroactive approval of Agreement for Professional Cytology Services with Rolando Burgos Negranza - RECEIVED AND FILED
Pz-Pa

All Ayes

*45) Request to Appropriate Unanticipated Revenues to cover unanticipated hospital operating expenses and implementation of cardiac catheterization program; Kern Medical Center Enterprise Fund - APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $8,625,000 TO APPROPRIATIONS FOR CONTINGENCIES (BUDGET UNIT 8997, FUND 35030); APPROVED BUDGET TRANSFER FROM APPROPRIATIONS FOR CONTINGENCIES TO KERN MEDICAL CENTER, BUDGET UNIT 8997, IN THE AMOUNT OF $8,625,000
MENTAL HEALTH SERVICES
Pz-Pa

All Ayes

*46) Proposed retroactive approval of Amendment No. 2 to Agreement No. 496-98 with Community Service Organization, Inc., for Fiscal Year 1998-99, for provision of CalWORKS services to clients residing in the Arvin-Lamont area; extends term from January 1, 1999 through June 30, 1999; no fiscal impact (prior notification May 4, 1999) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 264-99
Pz-Pa

All Ayes

*47) Proposed retroactive approval of Amendment No. 2 to Agreement No. 497-98 with Community Service Organization, Inc., for Fiscal Year 1998-99, for provision of CalWORKS services to clients residing in the East Bakersfield area; extends term from January 1, 1999 through June 30, 1999; no fiscal impact (prior notification May 4, 1999) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 265-99
Pz-Pa

All Ayes

*48) Proposed retroactive approval to Amendment No. 2 to Agreement No. 481-98 with Desert Counseling Clinic, Inc., for Fiscal Year 1998-99, for provision of CalWORKS services to clients residing in the North Bakersfield area; extends term from January 1, 1999 through June 30, 1999; no fiscal impact (prior notification May 4, 1999) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 266-99
PERSONNEL DEPARTMENT
Pz-Pa

All Ayes

*49) Classifications of positions recommended by Civil Service Commission, effective retroactive to January 5, 1999 - APPROVED; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE
PUBLIC HEALTH SERVICES
Pz-Pa

All Ayes

*50) Proposed Agreement with Hans E. Einstein, M.D., to provide professional services at clinics provided by the Department of Public Health, from July 1, 1999 through June 30, 2000, in an amount not to exceed $12,000 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 267-99
Pz-Pa

All Ayes

*51) Proposed Agreement with California State University Bakersfield for use of the Department of Public Health Facility for clinical experience for the Nurse Practitioner Program, from May 15, 1999 through May 14, 2001; no fiscal impact - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 268-99
Pz-Pa

All Ayes

*52) Proposed application for continued funding for Housing Opportunities for Persons With AIDS (HOPWA) for Fiscal Year 1999-2000 in the amount of $216,815 - AUTHORIZED CHAIRMAN TO SIGN APPLICATION AND RELATED DOCUMENTS AS MAY BE REQUIRED BY THE STATE, SUBJECT TO APPROVAL BY COUNTY COUNSEL
Pe-Pr

All Ayes

53) Proposed retroactive Agreement with Sage Community Health Center, to provide Clinical Services in the Ridgecrest area from April 1, 1999 through March 31, 2000, in an amount not to exceed $6,000 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 269-99
Pr-Pe

All Ayes

54) Notification of anticipated retroactive approval of Agreement with The Regents of the University of California, San Francisco, Pediatric Services for HIV/AIDS Case Management services for children under the age of 13 who are HIV/AIDS infected patients in the County's AIDS Case Management program, from April 1, 1999 through March 31, 2000, in an amount not to exceed $10,528 - RECEIVED AND FILED
SHERIFF
NOTE: Items 55, 56, 57, and 58 were heard concurrently
Pe-Pz

All Ayes

55) Application to hold a bike race by Velo Promo, Golden Chain Cyclists and Kern Wheelmen, May 14, 1999 (Bena Road) - BOB CREWDSON, KERN WHEELMEN, HEARD; FOUND THAT THE SHERIFF HAS NOTED HIS APPROVAL ON THE PERMIT AND THAT THE EVENT 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 EVENTS PREVIOUSLY GRANTED PERMITS, AND THAT THE SHERIFF HAS FACILITIES TO PROPERLY SUPERVISE THE EVENT; APPROVED PERMIT; AUTHORIZED CHAIRMAN TO SIGN
Pe-Pz

All Ayes

56) Application to hold a bike race by Velo Promo, Golden Chain Cyclists and Kern Wheelmen, May 14, 1999 (Breckenridge Road) - BOB CREWDSON, KERN WHEELMEN, HEARD; FOUND THAT THE SHERIFF HAS NOTED HIS APPROVAL ON THE PERMIT AND THAT THE EVENT 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 EVENTS PREVIOUSLY GRANTED PERMITS, AND THAT THE SHERIFF HAS FACILITIES TO PROPERLY SUPERVISE THE EVENT; APPROVED PERMIT; AUTHORIZED CHAIRMAN TO SIGN
Pe-Pz

All Ayes

57) Application to hold a bike race by Velo Promo, Golden Chain Cyclists and Kern Wheelmen, May 15, 1999 (Bakersfield/Glenville Road at Woody/Granite Road) - BOB CREWDSON, KERN WHEELMEN, HEARD; FOUND THAT THE SHERIFF HAS NOTED HIS APPROVAL ON THE PERMIT AND THAT THE EVENT 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 EVENTS PREVIOUSLY GRANTED PERMITS, AND THAT THE SHERIFF HAS FACILITIES TO PROPERLY SUPERVISE THE EVENT; APPROVED PERMIT; AUTHORIZED CHAIRMAN TO SIGN
Pe-Pz

All Ayes

58) Application to hold a bike race by Velo Promo, Golden Chain Cyclists and Kern Wheelmen, May 16, 1999 (Randsburg) - BOB CREWDSON, KERN WHEELMEN, HEARD; FOUND THAT THE SHERIFF HAS NOTED HIS APPROVAL ON THE PERMIT AND THAT THE EVENT 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 EVENTS PREVIOUSLY GRANTED PERMITS, AND THAT THE SHERIFF HAS FACILITIES TO PROPERLY SUPERVISE THE EVENT; APPROVED PERMIT; AUTHORIZED CHAIRMAN TO SIGN
Pz-Pa

All Ayes

*59) Donation of $5,000 to the Kern County Sheriff's China Lake Mountain Search and Rescue Group - ACCEPTED DONATION OF $5,000 TO THE KERN COUNTY SHERIFF'S CHINA LAKE MOUNTAIN SEARCH AND RESCUE GROUP; AUTHORIZED CHAIRMAN TO SIGN LETTER OF APPRECIATION TO MRS. JANET HAMMOND
Hearing
Pz-Pa

All Ayes

*60) Establishment of jail booking fee of $98.26 per booking charge, for Fiscal Year 1999-2000; Fiscal impact: approximately $790,000 - OPENED HEARING; RECEIVED PUBLIC COMMENT; CLOSED HEARING; APPROVED RECOMMENDED PER BOOKING CHARGE OF $98.26, EFFECTIVE JULY 1, 1999, AND ENACTED ORDINANCE G-6596
TREASURER-TAX COLLECTOR
Pz-Pa

All Ayes

*61) Proposed Agreement with EDP Management, Inc., for Specialized Computer Programming and Technical Development Services, from May 11, 1999 through June 30, 2000, in an amount not to exceed $20,000 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 270-99
CLOSED SESSIONS



COUNTY ADMINISTRATIVE OFFICE

WITH-

DRAWN

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

All Ayes

63) Request for Closed Session regarding a lawsuit entitled FDIC Property Tax Penalties Litigation, MDL 1254 HLH (MANx) (Government Code Section 54956.9 (a)) -
Pz-Pr 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, May 11, 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

KERN SANITATION AUTHORITY
Pa-Pr

All Ayes

1) Public Hearing on proposed Ordinance establishing rates and charges for sewage disposal service, Kern Sanitation Authority - OPENED HEARING; MAXINE HEATH HEARD; CLOSED HEARING; RECEIVED AND FILED DOCUMENT; MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PURSUANT TO SECTION 21080(b)(8); AUTHORIZED CLERK OF THE BOARD TO FILE AND POST NOTICE OF EXEMPTION; ENACTED ORDINANCE S-122

PUBLIC PRESENTATIONS






















Pz-Pa

All Ayes



2) 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! - BILL TRACY, BUTTONWILLOW LAND AND CATTLE COMPANY HEARD REGARDING PROPOSED CHANGES TO INTERIM BIOSOLIDS ORDINANCE; RECEIVED AND FILED DOCUMENT
BOARD MEMBER ANNOUNCEMENTS OR REPORTS
3) 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

Planning Department





Pa-Pr

3 Ayes

2 Noes

Pe-Mc



4)

Note: Agenda Items 4) and 5) were heard concurrently



Request from Dennis Dewalt by Dewalt Corporation to appeal the Planning Commission decision of April 8, 1999, which conditionally approved Vesting Tentative Tract 5884 (Revised) for 138 lots with minimum lot sizes of 6,000 square feet and 10,890 square feet with interior lots and key lots having a minimum width of 60 feet and corner lots having a minimum width of 65 feet on 35.296 acres located east of the intersection of Rosewood Avenue and Monica Street, east Bakersfield SD 3)

Specific Request:

Appeal of the Planning Commission decision of April 8, 1999, which conditionally approved Vesting Tentative Tract 5884 (Revised) with interior lots and key lots having a minimum width of 60 feet and corner lots having a minimum width of 65 feet (TR #5884 (Revised))

(Negative Declaration; Published Bakersfield Californian) - OPENED HEARING; LARRY MOXLEY, REPRESENTING DENNIS DEWALT; JILL WOODS, MARKETING DIRECTOR, DEWALT CORPORATION; ROBERT BALOW, SR. DESIGNER, DEWALT CORPORATION; HOWDY MILLER, AMERICAN TITLE COMPANY; BRAD McWILLIAMS, McWILLIAMS BROTHERS CONSTRUCTION; RANDY RANKIN; GREG WOODARD, WOODARD HOMES, HEARD IN SUPPORT OF APPEAL; SCOTT GIBSON; PENNY CALDERON; JOYCE LOBASSO; STEVE LOBASSO; LISA SPENCER; WAYNE RANKIN; SHARON HOFFMAN; SIRHAN SIHOTA; HEARD IN OPPOSITION TO APPEAL; CLOSED HEARING; RECEIVED AND FILED DOCUMENTS; ADOPTED RESOLUTION 99-124 AFFIRMING THE DECISION OF THE PLANNING COMMISSION

Pa-Pr

3 Ayes

2 Noes

Pe-Mc

5) Request from Dennis Dewalt by Dewalt Corporation to appeal the Planning Commission decision of April 8, 1999, which conditionally approved Vesting Tentative Tract 5918 for 164 lots with minimum lot sizes of 6,000 square feet and 10,890 square feet with interior lots and key lots having a minimum width of 60 feet and corner lots having a minimum width of 65 feet on 40 acres located approximately 1/4 mile northeast of Monica Street and Pioneer Drive, east Bakersfield area (SD 3)

Specific Request: Appeal of the Planning Commission decision of April 8, 1999, which conditionally approved Vesting Tentative Tract 5918 with interior lots and key lots having a minimum width of 60 feet and corner lots having a minimum width of 65 feet (TR #5918)

(Negative Declaration; Published Bakersfield Californian)

(Continued on Page 13)

(Continued from Page 12)



- OPENED HEARING; LARRY MOXLEY, REPRESENTING DENNIS DEWALT; JILL WOODS, MARKETING DIRECTOR, DEWALT CORPORATION; ROBERT BALOW, SR. DESIGNER, DEWALT CORPORATION; HOWDY MILLER, AMERICAN TITLE COMPANY; BRAD McWILLIAMS, McWILLIAMS BROTHERS CONSTRUCTION; RANDY RANKIN; GREG WOODARD, WOODARD HOMES, HEARD IN SUPPORT OF APPEAL; SCOTT GIBSON; PENNY CALDERON; JOYCE LOBASSO; STEVE LOBASSO; LISA SPENCER; WAYNE RANKIN; SHARON HOFFMAN; SIRHAN SIHOTA; HEARD IN OPPOSITION TO APPEAL; CLOSED HEARING; RECEIVED AND FILED DOCUMENTS; ADOPTED RESOLUTION 99-125 AFFIRMING THE DECISION OF THE PLANNING COMMISSION

COUNTY COUNSEL
Pa-Pr

All Ayes

*6) Olcese Water District: Equalization of Assessments and Fixing Rate of Assessment for Fiscal Year January 1, 2000 to December 31, 2000 - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; APPROVED; ADOPTED RESOLUTION 99-126 FIXING AD VALOREM RATES

DEPARTMENTAL REQUESTS


RESOURCE MANAGEMENT AGENCY

All S.D.'s
Pa-Pr

All Ayes

*7) Biosolids Ordinance Development Status Report - RECEIVED AND FILED

RESOURCE MANAGEMENT AGENCY

Community Development Program

S.D. #1
Pa-Pr

All Ayes

*8) Proposed Agreement with the City of Ridgecrest to provide CDBG funding for the design of the Ridgecrest Street Overlay Improvements in an amount not to exceed $29,500.00 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 271-99; AUTHORIZED CD DIRECTOR TO TRANSMIT EXECUTED AGREEMENT TO THE CITY OF RIDGECREST FOR IMPLEMENTATION

S.D. #5
Pa-Pr

All Ayes

*9) Appointment by the Board of Supervisors of a Director to the South Valley Economic Partners (SVEP) (A California Nonprofit Corporation) Board of Directors - DIRECTED CD DIRECTOR AND CLERK OF THE BOARD TO BEGIN SOLICITING APPLICATIONS FOR THE VACANT LAMONT/WEEDPATCH POSITION ON THE BOARD OF DIRECTORS OF THE SVEP; POSTED NOTICE OF VACANCY PURSUANT TO GOVERNMENT CODE SECTION 54974

RESOURCE MANAGEMENT AGENCY

Roads Department

All S.D.'s
Pa-Pr

All Ayes

*10) Proclamation proclaiming May 16-22, 1999, as National Public Works Week - PROCLAIMED; REFERED TO CLERK OF THE BOARD FOR PREPARATION

S.D. #2
Pa-Pr

All Ayes

*11) Proposed Contract No. 99015, Plans, Specifications and Notice to Contractors for construction on Comanche Point Road from Tejon Highway to 1.0 mile east of Tejon Highway - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTIONS 15301(c) AND 15302; 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 IS TO BE WEDNESDAY, JUNE 9, 1999, 11:00 A.M.

Pa-Pr

All Ayes

*12) Proposed Contract No. 99013, accept low bid of Winkenbach Construction for construction on Adobe Road from Sandrini Road to 3.83 miles north, in an amount not to exceed $142,683.00 - ACCEPTED LOW BID; AUTHORIZED ROADS TO PREPARE NECESSARY CONTRACT DOCUMENTS AND RELEASE ALL OTHER BID GUARANTEES

S.D. #3
Pa-Pr

All Ayes

*13) Proposed establishment of No Stopping Zone on Evergreen Street, north of Darrin Avenue, requested by the Superintendent of Norris School District - APPROVED; REFERRED TO COUNTY COUNSEL'S OFFICE FOR PREPARATION OF ORDINANCE

Pa-Pr

All Ayes

*14) Proposed easement deed from the Savage Family Trust granting County, at no cost, a portion of property for cul-de-sac improvements on Jayme Avenue at Coffee Road - ACCEPTED DEED; ORDERED IT RECORDED



Pa-Pr

All Ayes

*15) Proposed easement deed from R. D. Lyons and Edith L. Lyons granting County, at no cost, a portion of property for cul-de-sac improvements on Jayme Avenue at Coffee Road - ACCEPTED DEED; ORDERED IT RECORDED

S.D. #4
Pa-Pr

All Ayes

*16) Proposed Special Event Permit for West Side Recreation, Fourth of July Aerial Fireworks Show, July 4, 1999, Cedar Street, between Mary Street to Airport Road in Taft - MADE FINDING THAT EVENT WILL NOT RESULT IN OBSTRUCTION OF TRAFFIC, THAT THERE IS NO EVIDENCE THAT EVENT WILL LEAD TO BREACH OF PEACE, RIOT OR OTHER DISORDERLY CONDUCT, THAT EVENT WILL NOT CONFLICT WITH OTHER PERMITS GRANTED, THAT TEMPORARY CLOSURE IS NECESSARY FOR SAFETY AND PROTECTION OF PERSONS; APPROVED

S.D.'s #1, #2 & #5
Pa-Pr

All Ayes

*17) Proposed Contract No. 99025, Contract Change Order No. 1 for construction of Asphalt Concrete (Stockpile) at various locations in east Kern County - APPROVED; AUTHORIZED CHAIRMAN TO SIGN

Pr-Pz

All Ayes















Pr-Pa

All Ayes



















17A)
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 ROADS DEPARTMENT WAS ADVISED LATE AFTERNOON, MAY 10, 1999, OF THE NEED TO CLOSE THE ROAD TO ACCOMMODATE THE "LAMONT PARK/PACIFIC COAST SHOWS CARNIVAL"

S.D. #5



Special Event Permit for "Lamont Park/Pacific Coast Shows Carnival" from the Greater Lamont Chamber of Commerce, May 12-17, 1999, on Segrue Road between Myrtle Avenue and Santa Paula Street in Lamont (S.D. #5) - MADE FINDING THAT EVENT WILL NOT RESULT IN OBSTRUCTION OF TRAFFIC; THAT THERE IS NO EVIDENCE THAT EVENT WILL LEAD TO BREACH OF PEACE, RIOT OR OTHER DISORDERLY CONDUCT; THAT EVENT WILL NOT CONFLICT WITH OTHER PERMITS GRANTED; THAT TEMPORARY CLOSURE OF SEGRUE ROAD BETWEEN MYRTLE AVENUE AND SANTA PAULA STREET IN LAMONT IS NECESSARY FOR SAFETY AND PROTECTION OF PERSONS; APPROVED

WASTE MANAGEMENT
S.D. #1
Pa-Pr

All Ayes

*18) Proposed Purchase Order No. 907800 (CD Activity No. 28.97.2), Plans and Special Provisions for County Service Area 39.8 (Reeder Tract) Wastewater System Improvements in an amount not to exceed $40,000.00 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED WASTE MANAGEMENT TO PREPARE REQUISITION FOR PURCHASING TO SOLICIT BIDS

MATTERS FOR EXECUTIVE APPROVAL
Pa-Pr

All Ayes

*19) Budget Transfers - APPROVED #204 THROUGH #210
Pa-Pr

All Ayes

*20) Minutes for week of April 12, 1999 - APPROVED
Pa-Pr

All Ayes

*21) Miscellaneous Letters and Documents - FILED
Pa-Pr

All Ayes

*22) Miscellaneous Departmental Referrals by Clerk of the Board - APPROVED AND FILED
Pa-Pr

All Ayes

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



Pe-Pz

All Ayes

ADJOURNED TO TUESDAY, MAY 18, 1999, AT 9:00 A.M.







______________________________

Clerk of the Board







______________________________

Chairman, Board of Supervisors

21) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED
Clerk of the Board
A) Letter from Kern River Levee District re death of Ralph H. Hadlock and the recommended appointment of Mildred Hadlock (Copy to each Supervisor and CAO)
B) Received, certified, and forwarded to Recorder for Recordation as follows:

1) Parcel Map No. 10491 (S.D. 4)

2) Parcel Map No. 10559 (S.D. 5)

3) Tract Map No. 5610-Phase 2 (S.D. 1)

4) Tract Map No. 5937 (S.D. 2)

Community Development
C) County Loan Agreement, Home Investment Partnerships Program, First-Time Homebuyers Mortgage Assistance Program with Martin A. Perez and Irma M. Perez
D) County Loan Agreement, Home Investment Partnerships Program, First-Time Homebuyers Mortgage Assistance Program with Rafael Herrera and Maria N. Herrera
Environmental Health
E) Thank you letter to PetsMart for donation of pet supplies
Miscellaneous
F) Letter from Penny L. Calderon re appeal of Planning Commission decision by Dennis Dewalt for Tract #5918 and Tract #5884 (Copies to each Supervisor, CAO and Planning)
G) Letter from Steve and Joyce LoBasso re appeal of Planning Commission decision by Dennis Dewalt for Tract #5884 and Tract #5918 (Copies to each Supervisor, CAO and Planning)
H) Letter from City of Palmdale re Antelope Valley High Speed Rail Alignment (Copies to each Supervisor, CAO and RMA)
I) Letter from Senator John H. Chafee re methyl tertiary butyl ether (MTBE) in gasoline and the federal oxygenate mandate (Copies to each Supervisor, CAO and Environmental Health)
J) Letter from Clinica Sierra Vista to Public Health Department re unreimbursed invoices (Copies to each Supervisor and CAO)
K) Letters from various individuals regarding banning the application of sewage sludge (Copies to each Supervisor, CAO, RMA, County Counsel and Environmental Health)
L) Letter and petition from various individuals regarding banning the application of sewage sludge (Copies to each Supervisor, CAO, RMA, County Counsel and Environmental Health)
M) California State Association of Counties (CSAC) Legislative Bulletin (Copies to each Supervisor and CAO)
N) Order Modifying and Approving As-Built Drawings, Southern California Edison Company Project No. 2290-035 with Federal Energy Regulatory Commission (Copies to each Supervisor and CAO)
O) Notice of a Joint Public Hearing by the City Council of the City of Bakersfield and the Central District Development Agency of the City of Bakersfield on the proposed redevelopment plan for the Old Town Kern-Pioneer Redevelopment Project (Copies to each Supervisor and CAO)
P) Agenda for meeting on May 5, 1999, from Aids Advisory Board of Kern County, Ryan White Sub-Committee (Copies to each Supervisor and CAO)
Q) Agenda for meeting on May 5, 1999, from Kern County's Aids Advisory Board (Copies to each Supervisor and CAO)

22) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD -APPROVED AND FILED
A) Application for alcohol beverage license(s): The Place, 26145 Twenty Mule Team Road, Boron, CA; 7-Eleven Store, 10400 Main Street, Lamont, CA - REFERRED TO PLANNING (Copy to each Supervisor, CAO and County Counsel)
B) Letter from Dewalt Corporation requesting the waiver of signatures for mineral rights and easement holders pertaining to the Final Tract Map for Tract 5772, Phase 2 with Chevron, USA, Inc.; County of Kern; Pacific Gas and Electric Company; Chevron Land and Development Company - REFERRED TO ENGINEERING & SURVEY SERVICES (Copy to each Supervisor, CAO and County Counsel)
C) 1998-99 Grand Jury Final Report re Lerdo Maximum/Medium Detention Facility - REFERRED TO SHERIFF (Copy to each Supervisor and CAO)
D) 1998-99 Grand Jury Final Report re Kern County Sheriff Buttonwillow Substation - REFERRED TO SHERIFF (Copy to each Supervisor and CAO)
E) 1998-99 Grand Jury Final Report re General Services Construction Services Division - REFERRED TO CAO AND GENERAL SERVICES (Copies to each Supervisor and CAO)
F) 1998-99 Grand Jury Final Report re Kern County Sheriff/Lamont Substation - REFERRED TO SHERIFF (Copies to each Supervisor and CAO)
G) 1998-99 Grand Jury Final Report re Camp Erwin Owen - REFERRED TO PROBATION (Copies to each Supervisor and CAO)
H) Letter from Rag Gulch Water District re Resolution 99-8 adopting their 1999 budget, fixing 1999 water tolls and levying 1998 special assessments - REFERRED TO COUNTY COUNSEL
I) Letter from Kern-Tulare Water District re Resolution 99-7 adopting their budget for 1999, fixing 1999 water tolls, fixing and levying 1999 standby charges, and levying 1999 special assessments - REFERRED TO COUNTY COUNSEL
23) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY THE CLERK OF THE BOARD - APPROVED AND FILED
A) Claim in the matter of Tina Choate vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
B) Claim in the matter of Zane Hammond Construction vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
C) Claim in the matter of Raul and Florence Irizarry vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
D) Claim in the matter of Jose Cortez vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
E) Claim in the matter of Pacific Bell vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
F) Claim in the matter of Estate and Children of Laurie L. Tackett vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)