SUMMARY OF PROCEEDINGS



BOARD OF SUPERVISORS - COUNTY OF KERN



1115 Truxtun Avenue

Bakersfield, California



Regular Meeting

Tuesday, May 5, 1998

10:00 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
Pz-Pa

All Ayes

1) Proclamation proclaiming May, 1998, as Mental Health Month in Kern County - PROCLAIMED; MADE PRESENTATION TO DR. MARVIN SOUTHARD, MENTAL HEALTH DIRECTOR; DR. SOUTHARD; ERMA KENDRICK, MENTAL HEALTH ADVISORY BOARD; AND BETTY KELLER, PRESIDENT, KERN COUNTY ALLIANCE FOR THE MENTALLY ILL, HEARD
2) Certificate of Recognition honoring Erma L. Kendrick for her service to Kern County - MADE PRESENTATION TO ERMA KENDRICK; DR. MARVIN SOUTHARD, MENTAL HEALTH DIRECTOR, HEARD
Pa-Pe

All Ayes

3) Proclamation proclaiming the week of May 3-9, 1998, as Bakersfield AIDS Foundation Week in Kern County - PROCLAIMED; MADE PRESENTATION TO SUSAN REEP, EXECUTIVE DIRECTOR OF THE BAKERSFIELD AIDS FOUNDATION; SUSAN REEP HEARD
Mc-Pe

All Ayes

4) Proclamation proclaiming May 3-9, 1998, as Hire A Veteran Week in Kern County - PROCLAIMED; MADE PRESENTATION TO ROB TILDEN AND RICHARD BROW; ROB TILDEN HEARD
Pa-Pe

All Ayes

5) Proclamation proclaiming May, 1998, as Older Americans Month in Kern County - PROCLAIMED; MADE PRESENTATION TO FRANK GUILLARD, CHAIRMAN, KERN COUNTY COMMISSION ON AGING; OFFICE ON AGING COMMISSIONERS RECOGNIZED; SUNNY SCOFIELD, SENIOR SENATOR, BERNICE HOTHERSALL AND EDDIE DIX HEARD
*6) Certificate of Recognition honoring a private citizen for dedicated service to Kern County - REFER TO CLERK OF THE BOARD FOR PREPARATION
Pe-Pz

All Ayes

7) Proclamation proclaiming the month of May, 1998, as Zero Tolerance and Safe and Sober Graduation Campaign Month in Kern County - PROCLAIMED; MADE PRESENTATION TO DR. JINADU, PUBLIC HEALTH OFFICER AND SARAH FUTRELL, S.A.F.E. COALITION; DR. JINADU AND SARAH FUTRELL, HEARD; MOCK COLLISION SPONSORS AND PARTICIPANTS RECOGNIZED
Pa-Pz

All Ayes

*8) Proclamation proclaiming May 6, 1998, as Leo J. Pierucci Day in Kern County - PROCLAIMED; REFERRED TO CLERK OF THE BOARD FOR PREPARATION
Pa-Pz

All Ayes

*9) Resolution recognizing AVTEL Services, Inc. of Mojave, California, as Employment Development Department's Hire a Veteran Program 1998 Employer of the Year - ADOPTED RESOLUTION; REFERRED TO CLERK OF THE BOARD FOR PREPARATION
Pa-Pz

All Ayes

*10) Proclamation proclaiming the month of May, 1998, as 1920-1940 Mexican Art Exhibit Month in Kern County - PROCLAIMED; REFERRED TO CLERK OF THE BOARD FOR PREPARATION
APPOINTMENTS/RESIGNATIONS
Pa-Pz

All Ayes

*11) Appointment of Joseph Ciriello to the Alcohol and Drug Advisory Board, term to expire December 31, 2000 - MADE APPOINTMENT
Pa-Pz

All Ayes

*12) Appointment of Jimmie D. Childress as Fifth Supervisorial District Member (replacing Diane Gonzales) to the Mental Health Advisory Board, term to expire December 31, 1999 - MADE APPOINTMENT
PUBLIC PRESENTATIONS
13) 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! - BARNEY CADENA AND RUBEN RAMIREZ HEARD REGARDING THE VETERANS' SERVICE DEPARTMENT DIRECTOR APPOINTMENT
BOARD MEMBER ANNOUNCEMENTS OR REPORTS
14) On their own initiative, Board members may make an announcement or a report on their own activities. They may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda (Gov. Code Sec. 54954.2[a]) - NO ONE HEARD
DEPARTMENTAL REQUESTS



AUDITOR-CONTROLLER-COUNTY CLERK

Pa-Pz

All Ayes

*15) Request from Bear Valley Community Services District for Election Division to render election services for special election to be held November 3, 1998 - AUTHORIZED THE ELECTIONS DIVISION TO PERFORM THE ELECTION RELATED SERVICES REQUESTED AND ORDERED THE CONSOLIDATION
CLERK OF THE BOARD
Pa-Pz

All Ayes

*16) Amended Conflict of Interest Code for Environmental Health Services Department - APPROVED
EMPLOYERS' TRAINING RESOURCE
Pz-Pa

All Ayes

17) Notification of anticipated retroactive approval of agreements with the following local school districts and estimated funding levels for activities funded under JTPA Title II 8%/50%, which was effective July 1, 1997: Delano Joint Union High School District ($13,497), Kern High School District ($174,823), McFarland Unified School District ($2,000), Mojave Unified School District ($10,308), Southern Kern Unified School District ($5,000), and West Kern Community College District ($11,746); activities funded under JTPA Title II 8%/30%: Kern High School District ($67,500) and California State University, Bakersfield ($61,881); and activities funded under JTPA Title IIB for the Summer Youth Employment and Training Program for the period March 1, 1998 through September 30, 1998: Bakersfield College ($146,679), California State University, Bakersfield ($492,200), Delano Joint Union High School District ($244,376), El Tejon Unified School District ($45,969), Kern County Superintendent of Schools ($369,715), Kern High School District ($2,290,725), Maricopa Unified School District ($47,771), McFarland Unified School District ($66,458), Mojave Unified School District ($192,910), Sierra Sands Unified School District ($111,619), Southern Kern Unified School District ($66,585), Taft Union High School District ($71,772), Tehachapi Unified School District ($86,267) and Wasco Union High School District ($120,347) - RECEIVED AND FILED
Pa-Pz

All Ayes

*18) Proposed application for grant funding under the Regional Workforce Preparation and Economic Development Act for the period July 1, 1998 through June 30, 1999 at an estimated funding level of $600,000, and the California School-to-Career System for Year Two at an estimated funding level of $1,050,000; participation as fiscal agents by Employers' Training Resource and/or the Department of Human Services - APPROVED; AUTHORIZED CHAIRMAN TO SIGN NECESSARY DOCUMENTS; AUTHORIZED DIRECTORS OF EMPLOYERS' TRAINING RESOURCE, DEPARTMENT OF HUMAN SERVICES AND ANY OTHER PARTICIPATING AGENCIES TO SIGN NECESSARY DOCUMENTS
Pa-Pz

All Ayes

*19) Appropriation of unanticipated revenue in the amount of $110,000 from Star Mountain and Bolthouse Farms - APPROVED THE APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $110,000 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER IN THE AMOUNT OF $110,000 FROM APPROPRIATIONS FOR CONTINGENCIES TO BUDGET UNIT 8916
Pa-Pz

All Ayes

*20) Letter of resignation from John C. Mollison, Executive Director, Employers' Training Resource - ACCEPTED RESIGNATION
Pa-Pz

All Ayes

*21) Unusual travel request for Jan Cummings, Karen Jones, and Jay Doughty to attend the National Association of Workforce Development Professionals (NAWDP) 1998 Annual Conference in Miami Beach, Florida, May 9-13, 1998, at an estimated cost of $4,426 to be funded by JTPA monies - APPROVED
HUMAN SERVICES
Pa-Pz

All Ayes

*22) Proposed Amendment No. 1 to Agreement with Clinica Sierra Vista for the Provision of Case Management Services for Participants in the Cal-Learn Program (up to the age of 20 rather than the age of 18) (no fiscal impact) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 231-98
KERN MEDICAL CENTER
Pa-Pz

All Ayes

*23) Unusual Travel Request for Sarojini V. Rajguru, M.D., to travel to Toronto, Ontario, Canada, to attend the 1998 Annual Meeting of the American Psychiatric Association (APA) from May 30 to June 4, 1998, in an amount not to exceed $1,733 - APPROVED
MENTAL HEALTH SERVICES
Pa-Pz

All Ayes

*24) Proposed Agreement with Patricia A. Bentley, M.F.C.C. for Fiscal Year 1997-98 (May 6-June 30, 1998) for provision of a full continuum of mental health services to mentally ill children residing in the metropolitan Bakersfield area, in an amount not to exceed $10,400 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 232-98
Pa-Pz

All Ayes

*25) Proposed Agreement with Beverly Health and Rehabilitation Services, Inc. dba Fresno Care and Guidance Center for Fiscal Year 1997-99 (May 6, 1998-March 30, 1999) for provision of long-term intensive mental health services for two mentally ill clients transferred from a closed Bakersfield facility, in an amount not to exceed $59,278 (redirected funds) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 233-98
Pa-Pz

All Ayes

*26) Proposed Agreement with Donna's Board and Care for Fiscal Year 1998-99 (May 6, 1998-October 31, 1999) for provision of augmented board and care services to mentally ill clients residing in Kern County, in an amount not to exceed $4,860 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 234-98
Pa-Pz

All Ayes

*27) Proposed Amendment No. 1 ($42,500 for additional services to CalWORKs clients) to Agreement No. 472-97 with Community Service Organization (CSO) for Fiscal Year 1997-98 for provision of mental health services to clients residing in the Lamont and Arvin areas, for a total contract amount not to exceed $351,324 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 235-98
OFFICE ON AGING
Pe-Pz

All Ayes

28) Fiscal Year 1998-99 Kern County Office on Aging Area Plan Update, Fiscal Year 1998-99 Area Plan Budget, and initial Kern County Office on Aging Service Provider Contract Levels for Fiscal Year 1998-99 - Funding: Federal Older Americans Act of $1,469,202, Federal USDA Reimbursements of $276,687, State of California General Funds including HICAP of $377,166, and Kern County General Funds of $1,106,817 - LINDA SCHROYER, SENIOR NUTRITION PROGRAM COORDINATOR, SOUTHEAST DEVELOPMENT REGION; FRANK GUILLARD, CHAIRMAN, KERN COUNTY COMMISSION ON AGING; DONNA IANNOTTI, PROJECT COORDINATOR, KERN RIVER VALLEY SENIOR NUTRITION PROGRAM; PHIL NEWHOUSE, COMMUNITY SERVICES DIRECTOR, CITY OF DELANO; CONNIE REDFIELD, NUTRITION PROGRAM MANAGER, WESTSIDE RECREATION AND PARK DISTRICT SENIOR NUTRITION PROGRAM; ROY WEYGAND, KERN COUNTY TAXPAYERS ASSOCIATION; AND GAYLE FRANCES, VOLUNTEER PROGRAM MANAGER, BEN AUSTIN-GREENFIELD SENIOR CENTER, HEARD; REFERRED BACK TO OFFICE ON AGING TO AMEND OFFICE ON AGING AREA PLAN TO REFLECT CURRENT YEAR FUNDING INCLUDING $246,504 BACKFILL OF CDBG FUNDING AND EXCLUDING $596,199 IN REQUESTED INCREASES; REFERRED REQUEST FOR ADDITIONAL FUNDING BEYOND CURRENT FISCAL YEAR FUNDING LEVELS TO BUDGET FILE; REFERRED TO CAO TO REVIEW $.50 INCREASE PER MEAL AT THE BEN AUSTIN-GREENFIELD SENIOR CENTER
PARKS AND RECREATION DEPARTMENT
Pa-Pz

All Ayes

*29) Reconstruction of Children's Playground Area - Lake Isabella Park - Fiscal Impact - Approximately $15,000; Budgeted - APPROVED PROPOSAL TO REMEDY DEFICIENCIES BY RELOCATION; MADE FINDING THAT COMPETITIVE BIDDING FOR PURCHASE OF DESIRED EQUIPMENT WOULD NOT BE USEFUL, PRODUCE AN ADVANTAGE AND IS THEREFORE NOT PRACTICAL; APPROVED THE INVOLVEMENT OF THE KERN VALLEY ROTARY CLUB IN THIS PROJECT; ACCEPTED DONATION TOTALING $3,080 FROM KERN VALLEY ROTARY CLUB; AUTHORIZED CHAIRMAN TO SIGN LETTER OF APPRECIATION
PROBATION DEPARTMENT
Pa-Pz

All Ayes

*30) Proposed Agreement with Kern Valley Hospital District, Rural Health Clinic, to provide medical services for the Juvenile Forestry Camp, from June 1, 1998 to May 31, 1999, in an amount not to exceed $30,000 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 236-98
PUBLIC HEALTH DEPARTMENT
Pe-Pa

All Ayes

31) Proposed retroactive Agreement with Drummond Medical Group, Inc. for clinical services, from March 11, 1998 through March 10, 1999, in an amount not to exceed $8,000 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 237-98
Pe-Pa

All Ayes

32) Proposed retroactive Agreement with Kern Valley Hospital District for clinical services, from January 1, 1998 through December 31, 1999, in an amount not to exceed $2,000 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 238-98
SHERIFF'S DEPARTMENT
Pa-Pz

All Ayes

*33) Amendment to Agreement for Interment of Indigent Dead with Mish Funeral Home, extending term for two years to June 30, 2000, in an amount not to exceed $38,000 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 239-98
Pa-Pz

All Ayes

*34) Expenditure of Inmate Welfare Funds Pursuant to Penal Code Section 4025 - APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $13,514 FROM SHERIFF'S INMATE WELFARE FUND #24057 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER IN THE AMOUNT OF $13,514 FROM APPROPRIATIONS FOR CONTINGENCIES TO BUDGET UNIT 2210
Pa-Pz

All Ayes

*35) Proposed acceptance of donation of 1991 Ford Taurus to the Kern County Sheriff's Department Citizen Service Unit from AERA - APPROVED DONATION OF 1991 FORD TAURUS, CALIFORNIA LICENSE 2UWD567, VIN 2FACP72F6MX154809 TO THE KERN COUNTY SHERIFF'S CITIZEN SERVICE UNIT; ORDERED THE VEHICLE ADDED TO THE SHERIFF'S DEPARTMENT INVENTORY; AUTHORIZED CHAIRMAN TO SIGN LETTER OF APPRECIATION
Pa-Pz

All Ayes

*36) Proposed deletion of one (1) vacant Deputy Sheriff II position and addition of one (1) Investigative Aide position in Budget Unit 2210, effective May 9, 1998 - APPROVED; REFERRED TO PERSONNEL TO AMEND THE DEPARTMENTAL POSITIONS AND SALARY SCHEDULE
TREASURER-TAX COLLECTOR
Pa-Pz

All Ayes

*37) Proposed Resolution of approval of the Sale of specific Tax-Defaulted Properties - APPROVED; ADOPTED RESOLUTION 98-140

VETERANS' SERVICE DEPARTMENT
Pa-Pz

All Ayes

*38) Proposed Agreement with Union Cemetery Association for perpetual care of veterans plots in Union Cemetery covering the period July 1, 1998 through June 30, 1999, in an amount not to exceed $5,589.20 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 240-98
WEIGHTS AND MEASURES
Pa-Pz

All Ayes

*39) Proposed travel request for one Weights and Measures Inspector to attend a Mass Flow Meter training course in Greenwood, South Carolina, May 16 through 19, 1998, and acceptance of donation of air and ground transportation and three meals from Schlumberger Manufacturing Co.; (County cost not to exceed $350) - APPROVED; ADOPTED RESOLUTION 98-141 ACCEPTING DONATION OF TRAVEL EXPENSES
CLOSED SESSIONS



COUNTY ADMINISTRATIVE OFFICE

Pe-Pz

All Ayes

40) Request for closed session regarding Department Head Performance and Performance Goals - Interim Chief Executive Officer, Kern Medical Center -
NOTE: SUPERVISOR PARRA ANNOUNCED HIS ABSTENTION FROM PARTICIPATING AND VOTING ON THE DIRECTOR OF EMPLOYERS' TRAINING RESOURCE ISSUE
Pa-Pz

All Ayes

41) Request for closed session regarding Public Employee Appointment - Director of Employers' Training Resource -
Pa-Pz

All Ayes

41A) Results of closed session regarding Public Employee Appointment - Director of Employers' Training Resource - CONTINUED TO TUESDAY, MAY 5, 1998, AT 2:00 P.M. (ITEM NO. 32)
Pa-Pz

All Ayes

42) Request for closed session regarding Meet and Confer - KCPA -
COUNTY COUNSEL
Pz-Pa

All Ayes

43) Request for closed session regarding a lawsuit entitled Richard Fleming vs. Kern Medical Center, Kern County Superior Court Case No. 233121 RA (Government Code Section 54956.9(a)) - CONTINUED TO TUESDAY, MAY 5, 1998, AT 2:00 P.M. (SEE ITEM NO. 33)
Pz-Pa

All Ayes

44) Request for closed session regarding a lawsuit entitled Lamont Storm Water District v. Kern Pak Farms, Inc., County of Kern, et al., KCSC Case No. 235939 SPC (Government Code Section 54956.9(a)) - CONTINUED TO TUESDAY, MAY 5, 1998, AT 2:00 P.M. (SEE ITEM NO. 34)
Pz-Pa

All Ayes

45) Request for closed session to make a determination of whether the County will initiate or intervene in litigation or join as amicus curiae in a lawsuit (Government Code Section 54956.9(c)) - CONTINUED TO TUESDAY, MAY 5, 1998, AT 2:00 P.M. (SEE ITEM NO. 35)
Pz-Pa RECONVENED FROM CLOSED SESSION; RECESSED TO 2:00 P.M.







Deputy Clerk







Chairman, Board of Supervisors



SUMMARY OF PROCEEDINGS



BOARD OF SUPERVISORS - COUNTY OF KERN



1115 Truxtun Avenue

Bakersfield, California



Regular Meeting

Tuesday, May 5, 1998



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.





STAFF RECOMMENDATIONS SHOWN IN CAPS







PUBLIC PRESENTATIONS


























Pe-Pa

All Ayes



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! -

Bill Hanson heard re illegal dumping on Vineland Road and policies of the Waste Management Department - REFERRED TO COUNTY ADMINISTRATIVE OFFICE AND WASTE MANAGEMENT DEPARTMENT TO REVIEW POSSIBLE SOLUTIONS TO ILLEGAL DUMPING FOR REPORT BACK TO THE BOARD



DAVE PRICE, DIRECTOR OF RESOURCE MANAGEMENT AGENCY, AND DAPHNE WASHINGTON, DIRECTOR OF WASTE MANAGEMENT, RESPONDED TO CONCERNS OF MR. HANSON



ROY WEYGAND, PRESIDENT, KERNTAX, VOLUNTEERED TO PARTICIPATE IN THE REVIEW OF ILLEGAL DUMPING SOLUTIONS







BOARD MEMBER ANNOUNCEMENTS OR REPORTS


2)


On their own initiative, Board members may make an announcement or a report on their own activities. They may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda (Gov. Code Sec. 54954.2 [a]) - SUPERVISOR PEREZ ANNOUNCED THAT HE AND SUPERVISOR MC QUISTON WILL BE ABSENT FROM THE MONDAY, MAY 11, 1998, 2:00 P.M. BOARD MEETING TO ATTEND SB 1631, ENTERPRISE ZONE, APPROPRIATIONS COMMITTEE MEETING IN SACRAMENTO


DEPARTMENTAL REQUESTS


COUNTY ADMINISTRATIVE OFFICE



Mc-Pa

All Ayes



* 3)


Proposed Agreement with Valley Fever Vaccine Project of the Americas in the amount of $10,000.00 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 241-98


Mc-Pa

All Ayes



* 4)


Kern County Economic Incentive Policy of Eligibility; Rotary Rocket - MADE FINDING THAT ROTARY ROCKET IS ELIGIBLE FOR ECONOMIC INCENTIVES UNDER KERN COUNTY'S ECONOMIC INCENTIVE POLICY; REFERRED DEVELOPMENT OF CONSTRUCTION AND SALES TAX REBATE AGREEMENT WITH ROTARY ROCKET TO CAO AND COUNTY COUNSEL; REFERRED CALCULATION AND DOCUMENTATION OF PROPERTY TAX INCREMENT TO ASSESSOR


Mc-Pa

All Ayes



* 5)


Report on School Crossing Guard Funding Options - REFERRED TO KERN COUNTY SUPERINTENDENT OF SCHOOLS TO COORDINATE REVIEW AND CONSIDERATION OF ALTERNATIVES WITH AFFECTED SCHOOL DISTRICTS


















Pe-Mc

2 Ayes

3 Noes/

Pa-Pz-Pr





Pz-Pa

All Ayes

6) Proposed allocation of AB 1378 Prison Impact Mitigation Funds among County of Kern, City of Delano, and City of Wasco - NAPOLEAN MADRID, CITY COUNCIL MEMBER AND MEMBER OF ASSOCIATION OF CITIES ALLIED WITH PRISONS, CITY OF DELANO, AND MICHAEL WHITE, COUNCIL MEMBER, CITY OF WASCO, AND PRESIDENT OF ACAP; BRIANA JAGELS, CHIEF OF STAFF, ASSEMBLYMAN PRENTER'S OFFICE; JOHN ROMBOUTS, COUNCIL MEMBER, CITY OF TEHACHAPI, HEARD;



Motion to approve distribution of 100% of mitigation funds this year to the City of Wasco and City of Delano on the condition a 50/50 split of mitigation funds occurs with the County in future years - MOTION DIED DUE TO LACK OF MAJORITY VOTE



APPROVED DISTRIBUTION OF 70/30 SPLIT OF MITIGATION FUNDS: 70% TO THE CITY OF WASCO AND THE CITY OF DELANO AND 30% TO THE COUNTY, WITH FUTURE DISTRIBUTION SPLITS TO BE NEGOTIATED



Mc-Pa

All Ayes

* 7) Proposed Agreement with Federal General Services Administration for lease of office space at 800 Truxtun Avenue, contingent upon successful acquisition of Federal Building by the County (revenue to the County) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 242-98



COUNTY ADMINISTRATIVE OFFICE

General Services



S.D. 3



Mc-Pa

All Ayes



* 8)


Proposed Easement Agreement with City of Bakersfield, permitting installation of Traffic Signal Equipment on a portion of Panorama Park - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; DIRECTED CLERK OF THE BOARD TO COMPLETE AND FILE NOTICE OF EXEMPTION; FOUND THAT GRANT OF EASEMENT IS IN THE PUBLIC INTEREST AND THAT INTEREST CONVEYED DOES NOT SUBSTANTIALLY CONFLICT WITH COUNTY'S USE OF THE PROPERTY; AUTHORIZED CHAIRMAN TO SIGN

AGREEMENT 243-98

S.D. 5



Mc-Pa

All Ayes



* 9)


(2210.7001G) Plans and Specifications for the Justice Building Sallyport Expansion - APPROVED PLANS AND SPECIFICATIONS; AUTHORIZED CHAIRMAN TO SIGN PLANS; AUTHORIZED GENERAL SERVICES TO PREPARE REQUISITION FOR PURCHASING AGENT TO SOLICIT BIDS




Mc-Pa

All Ayes





*10)




(8998.8606) Plans and Specifications for addition of a bus canopy at the Kern Regional Transit Maintenance Facility - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTION; APPROVED PLANS AND SPECIFICATIONS; AUTHORIZED CHAIRMAN TO SIGN PLANS; AUTHORIZED GENERAL SERVICES TO PREPARE REQUISITION FOR PURCHASING AGENT TO SOLICIT BIDS


All S.D.s


Mc-Pa

All Ayes



*11)


Continuation of Local Emergency - EXTENDED EMERGENCY FOR AN ADDITIONAL TWO-WEEK PERIOD




COUNTY ADMINISTRATIVE OFFICE

Information Technology Services

WITH-

DRAWN

*12) Proposed budget transfer in the amount of $20,000 from Appropriations for Contingencies (General Fund), Budget Unit #1970 to Information Technology Services Division, Budget Unit #1160 for the purpose of initiating pilot programs to launch EDI as the technology of the future for County data management -





COUNTY COUNSEL
Mc-Pa

All Ayes

*13) Request from 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 Requesting Resolution Providing for Districts' Participation in Pooled TRAN for Fiscal Year 1998-99 - AUTHORIZED CLERK OF THE BOARD OF SUPERVISORS TO EXECUTE MEMORANDUM DECLINING PARTICIPATION IN POOLED TRAN





RESOURCE MANAGEMENT AGENCY

All S.D.s

Mc-Pa

All Ayes

*14) Status Report on the Kern County Permit Assistance Center - RECEIVED AND FILED



RESOURCE MANAGEMENT AGENCY

Engineering and Survey Services



S.D. 3

Mc-Pa

All Ayes

*15) Tract 5606, Unit B; Northwest Corner of Jenkins Road and Hageman Road, Rosedale Area; Approval of Completed Street, Water and Sewer Improvements; Reduction of Faithful Performance Security in Subdivision Improvement Agreement - APPROVED COMPLETED STREET, WATER AND SEWER IMPROVEMENTS; REDUCED THE EXISTING FAITHFUL PERFORMANCE SECURITY IN THE AMOUNT OF $623,587.00 TO $119,233.00 (CONSISTING OF $45,400.00 FOR THE GUARANTEE AND MAINTENANCE OF THE COMPLETED STREET, WATER AND SEWER IMPROVEMENTS AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP FOR A ONE-YEAR PERIOD STARTING MAY 5, 1998 AND $73,833.00 FOR THE COMPLETION OF DRAINAGE FACILITIES); RECEIVED AND FILED AMENDMENT TO LETTER OF CREDIT #NZS279702, ISSUED BY WELLS FARGO BANK, IN THE AMOUNT OF $119,233.00; ACCEPTED, AUTHORIZED CHAIRMAN TO SIGN, AND DIRECTED CLERK OF THE BOARD TO RETURN TO WELLS FARGO BANK, THE ACCEPTANCE COPY OF THE AMENDED LETTER OF CREDIT; ADOPTED RESOLUTION 98-144 FOR ACCEPTANCE OF ROADS WITHIN TRACT 5606, UNIT B, INTO THE COUNTY ROAD SYSTEM



RESOURCE MANAGEMENT AGENCY

Roads Department



S.D. 1



Mc-Pa

All Ayes



*16)


Contract No. 98012, Contract Change Order No. 1 for Construction on North Chester Avenue between Universe Avenue and North Chester Extension, STPLN-5950(005)in the amount of $64,860.00 (increase) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN



S.D. 2


Mc-Pa

All Ayes



*17)


Utility Relocation and Joint Use Agreement with Mojave Public Utility District for Oak Creek Road Overpass - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 244-98


S.D. 3


Mc-Pa

All Ayes



*18)


Proposed Agreement for Improvements to Roadway Adjacent to Existing Public at Grade Crossing for Olive Drive at Mile Post B-308.9 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN

AGREEMENT 245-98



*19)


Contract No. 98023, Accept Low Bid for Meadows Field Taxiway "A" Rehabilitation and Taxiway Lighting Circuit Replacement - ACCEPTED LOW BID OF GRANITE CONSTRUCTION COMPANY IN THE AMOUNT OF $1,177,790.00; AUTHORIZED ROADS DEPARTMENT TO PREPARE NECESSARY CONTRACT DOCUMENTS AND RELEASE ALL OTHER BID GUARANTEES




Mc-Pa

All Ayes



*20)


Relocation Assistance Reimbursements for Calloway Drive Widening Project, Williams Property, Parcel C - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED AUDITOR-CONTROLLER TO PAY




NOTE: SUPERVISOR PATRICK TEMPORARILY LEFT THE BOARD MEETING

S.D. 4



Pe-Pz

4 Ayes

1 Ab/Pa



21)


Request from Sheriff's Substation in Taft for No Parking and Preferential Parking Zones on the West Side of North Lincoln Street, Taft (Continued from 4/21/98) - APPROVED REQUEST FOR NO PARKING AND PREFERENTIAL PARKING ZONES AND RESCINDING ORDINANCE G-6480; REFERRED TO COUNTY COUNSEL'S OFFICE FOR PREPARATION OF NECESSARY ORDINANCE




WASTE MANAGEMENT DEPARTMENT

All S.D.s



Mc-Pa

All Ayes



*22)


Exercise Option to Purchase Compensation Credits with ARCO Western Energy, Inc. in the amount of $228,961.62 - AUTHORIZED THE DIRECTOR OF THE WASTE MANAGEMENT DEPARTMENT TO EXERCISE THE OPTION AND PURCHASE THE REMAINING NECESSARY COMPENSATION CREDITS







Hearing




Pa-Pz

All Ayes



23)


Establishment of Land Use Fees on Multi-Unit Residential Parcels and Proposed Ordinance Establishing the Schedule of Solid Waste Management Program Service Charges for Residential Property (Land Use Fees) for Fiscal Year 1998-99 - (1) OPENED HEARING; BOB CAMPBELL; KEN KNOST; GARY BURTON AND MIKE LIPSCOMB HEARD; RECEIVED ANY ADDITIONAL BALLOTS; TABULATED BALLOTS; DETERMINED MAJORITY VOTES SUPPORTED LAND-USE FEES FOR MULTI-UNIT PARCELS; CLOSED HEARING; MADE FINDING THAT THE PROJECT IS EXEMPT FROM THE REQUIREMENTS OF CEQA PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080(8); DIRECTED THE CLERK OF THE BOARD TO FILE NOTICE OF EXEMPTION; ADOPTED RESOLUTION 98-145 APPROVING SCHEDULE OF CHARGES AND ENACTED THE PROPOSED ORDINANCE G-6500 ESTABLISHING THE SCHEDULE OF SOLID WASTE MANAGEMENT PROGRAM SERVICE CHARGES FOR RESIDENTIAL PROPERTY FOR FISCAL YEAR 1998-99, WAIVED READING, AND INTRODUCED THE PROPOSED AMENDMENT TO ORDINANCE G-5940, DELETING MULTI-UNIT RESIDENTIAL PROPERTY FROM THE GATE FEE ORDINANCE; REFERRED TO WASTE MANAGEMENT TO REVIEW FEE PROCESS ON HOUSING TO THE POOR AND UNOCCUPIED HOUSING FOR REPORT BACK TO THE BOARD
CONSIDERATION OF ORDINANCES INTRODUCED ON MONDAY, APRIL 27, 1998
Mc-Pe

All Ayes

24) Proposed Ordinance adding Subsection 19.102.190(K) to Chapter 19.102 and adding Chapter 19.118 to Kern County Code to Regulate Water Transport or Transfers outside of Kern County and its watersheds, including those through water conveyance facilities and sales to owners of water conveyance facilities - ELAINE MEAD, BROWN ROAD FARMING COMPANY, AND TOM BUN, NORTH AMERICAN CHEMICAL, HEARD; RECEIVED AND FILED DOCUMENTS; MADE FINDING PROPOSED ORDINANCE IS EXEMPT FROM CEQA PURSUANT TO SECTIONS 15307 AND 15308; WAIVED READING AND INTRODUCED ORDINANCE WITH AMENDMENT TO SECTION 19.118.030B



CONSIDERATION OF ORDINANCES INTRODUCED ON TUESDAY, APRIL 28, 1998


WITH-

DRAWN



*25)


Proposed ordinance rescinding subparagraph (5) of Section 10.16.140, Title 10, and adding subparagraph (6) to Section 10.16.140 of Title 10 concerning no parking on North Lincoln Street -


MATTERS FOR EXECUTIVE APPROVAL


Mc-Pa

All Ayes



*26)


Budget Transfers - APPROVED #257 THROUGH #259 AND #261 THROUGH #267




Mc-Pa

All Ayes



*27)


Travel Requests (Out of State) - APPROVED T. WATTENBARGER TO WASHINGTON, D.C.; B. EMEL TO ORLANDO, FL; J. ABRAHAM TO KAMEULA, HI; M. HARB TO LAKE TAHOE, NV


Mc-Pa

All Ayes



*28)


Minutes for the Week of April 13, 1998 - APPROVED WITH CORRECTION TO ITEM NUMBERS 37 AND 38 TO CORRECT ORDINANCE NUMBERS FROM G-6493 AND G-6494 TO G-6495 AND G-6496


Mc-Pa

All Ayes



*29)


Miscellaneous Letters and Documents - FILED


Mc-Pa

All Ayes



*30)


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


Mc-Pa

All Ayes



*31)


Claims and Lawsuits filed with and referred by Clerk of the Board - APPROVED AND FILED
NOTE: SUPERVISOR PARRA ANNOUNCED HIS ABSTENTION FROM PARTICIPATING AND VOTING ON THE DIRECTOR OF EMPLOYERS' TRAINING RESOURCE ISSUE (ITEM #32)


CLOSED SESSION


COUNTY ADMINISTRATIVE OFFICE

Pe-Pa

All Ayes

32) Request for Closed Session regarding Public Employee Appointment - Director of Employers' Training Resource (Continued from 5/5/98 A.M.) (Item # 41) -





COUNTY COUNSEL
Pe-Pa

All Ayes

33) Request for closed session regarding a lawsuit entitled Richard Fleming vs. Kern Medical Center, Kern County Superior Court Case No. 233121 RA (Government Code Section 54956.9(a))(Continued from 5/5/98 A.M.) (Item # 43) -

Pe-Pa

All Ayes

34) Request for closed session regarding a lawsuit entitled Lamont Storm Water District v. Kern Pak Farms, Inc., County of Kern, et al., KCSC Case No. 235939 SPC (Government Code Section 54956.9(a)) (Continued from 5/5/98 A.M.)(Item # 44) -



Pe-Pa

All Ayes

35)



Request for closed session to make a determination of whether the County will initiate or intervene in litigation or join as amicus curiae in a lawsuit (Government Code Section 54956.9(c)) (Continued from 5/5/98 A.M.) (Item #45) -


Pa-Pe


ADJOURNED TO MONDAY, MAY 11, 1998 AT 2:00 P.M.





Clerk of the Board







Chairman, Board of Supervisors





29) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED
Clerk of the Board
A) Letter from Gilbert Caraveo re resignation from the North Kern Cemetery District Board of Trustees
Community Development
B) County Loan Agreement, HOME Investment Partnerships Program, First-Time Homebuyers Mortgage Assistance Program with Walter S. Dowdle and Shannon M. Dowdle
C) Agreement from County of Kern Rehabilitation Payment Loan, Loan Proceeds Control Account with Nicolas V. Gonzales or Evangelia Gonzales Gomez
Local Agency Formation Commission
D) Proceeding No. 1242, Report and Recommendation in the matter of City of Shafter: Annexation No. 71 (Copy to each Supervisor and CAO)
E) Proceeding No, 1244, Report and Recommendation in the matter of City of Tehachapi: Annexation No. 74 (Copy to each Supervisor and CAO)
F) Agenda for meeting of April 28, 1998 (Copy to each Supervisor and CAO)
G) Minutes from meeting of March 24, 1998 (Copy to each Supervisor and CAO)
Planning
H) Proposed Street Name "Edgemont Drive" to name an unnamed street
Miscellaneous
I) Letter from State Board of Equalization re Election Candidates (Copy to each Supervisor, CAO and Assessor)
J) Letter from Department of Health Services re Child Health and Disability Prevention (CHDP) Allocations for Fiscal Year (FY) 1998-99 (Copy to each Supervisor, CAO, KMC and Health Department)
K) Letter from Department of Health Services re the appropriation of state general funds to the California Department of Health Services (DHS) in fiscal year 1997-98 for research into the development of vaccine for coccidioidomycosis (Valley Fever) (Copy to each Supervisor, CAO and Health Department)
L) Thank you letter from Kern Bridges Youth Homes, Inc. for assistance in obtaining Community Development Block Grant Funds for The John and Dorothy Almklov House, a group home (Copy to each Supervisor, CAO and Community Development)
M) Letter from State Controller, Kathleen Connell, re disbursement of United States Forest Reserves Federal Fiscal Year 1997 funds (Copy to each Supervisor and CAO)
N) Letter from State Controller, Kathleen Connell, re 1996-97 Fiscal Year Audit Report Certification and Audit finding Resolution (Copy to each Supervisor, CAO, ETR, Community Development, Mental Health and Human Services)
O) Letter from Department of Forestry and Fire Protection re Call for Proposals for Forest Stewardship technical assistance funds (Copy to each Supervisor and CAO)
P) Invitation to presentation of Eagle Rank for Shannon Arthur Lawson (Copy to each Supervisor and CAO)
Q) Invitation to celebrate the placement of the Wasco Union High School Auditorium on the National Register of Historic Places (Copy to each Supervisor and CAO)
R) U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention, Fact Sheet re "Youth in Action" (Copy to each Supervisor, CAO and Probation)
S) Newspaper publication from Train Riders Association of California, California Rail News, April/May, 1998(Copy to each Supervisor and CAO)
T) Notice of Preparation of a Draft Environmental Impact Report from Castaic Lake Water Agency (Copy to each Supervisor and CAO)
U) American Land Rights Association, National Inholders Association, news letter re Giant Ecosystem Planning Project (Copy to each Supervisor, CAO, Planning and County Counsel)
V) Agenda of regular meeting of the City Planning Commission for Monday, May 4, 1998 (Copy to each Supervisor, CAO, Planning and County Counsel)
W) Agenda of meeting of State of California Fish and Game Commission for Monday, May 4, 1998 (Copy to each Supervisor and CAO)
30) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD-

APPROVED AND FILED

A) Application for alcohol beverage license - Rusty's Pizza Parlor, 2617 La Cresenta Drive, Bakersfield, CA; Shady Lane Saloon, 6105 Lake Isabella Blvd., Suite C, Lake Isabella, CA; -REFERRED TO PLANNING (Copy to each Supervisor, CAO and County Counsel)
B) Letter from Clendenen Tree Farm re North Lamont Flood Channel Project -REFERRED TO ESS (Copy to each Supervisor, CAO, Roads, General Services and County Counsel)
C) Letter from Bakersfield City School District re continuance of crossing guard program at Horace Mann School -REFERRED TO ROADS (Copy to each Supervisor and CAO)
D) Letter from Rachel Heanue requesting information on Kern County for a class project -REFERRED TO BOARD OF TRADE (Copy to each Supervisor and CAO)
E) A Resolution of the Board of Directors of Rag Gulch Water District Adopting the Budget for 1998, Fixing 1998 Water Tolls and Levying 1998 Special Assessments -Resolution No. 98-4 -REFERRED TO COUNTY COUNSEL (Copy to each Supervisor and CAO)
31) CLAIMS AND LAW SUITS FILED WITH AND REFERRED BY THE CLERK OF THE BOARD - APPROVED AND FILED
A) Claim in the matter of Frank S. Burton vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
B) Claim in the matter of Salvador Gutierrez vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
C) Three (3) Summons and Complaint in the matter of Michael Hannon and Earl Flores vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
D) Claim in the matter of Ryan Henry vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
E) Claim in the matter of David Wayne Kaler vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)