SUMMARY OF PROCEEDINGS

BOARD OF SUPERVISORS - COUNTY OF KERN

1115 Truxtun Avenue

Bakersfield, California

Regular Meeting

Monday, August 4, 1997

1:00 P.M.
BOARD RECONVENED

Supervisors: McQuiston, Perez, Patrick, Peterson, Parra

ROLL CALL: 4 Present; 1 Absent: Supervisor Peterson

CLOSED SESSION

County Administrative Office

Pr-Pa

4 Ayes

1 Ab-Pe

1) Request for Closed Session re Meet and Confer with Kern County Public Employees Association, Kern County Firefighters Union, Kern Law Enforcement Association, and Kern Faculty Association, and Kern Prosecutors Association -
Pr-Pa RECESSED TO 2:00 P.M.

2:00 P.M.

BOARD RECONVENED

Supervisors: McQuiston, Perez, Patrick, Peterson, Parra

ROLL CALL: All Present

SALUTE TO FLAG - Led by Supervisor 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 (*) WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE

BOARD ACTION SHOWN IN CAPS AFTER EACH ITEM

RESOLUTIONS/PROCLAMATIONS
Pa-Mc

All Ayes

2) Proclamation proclaiming the week of August 1-7, 1997 as Breastfeeding Week in Kern County - PROCLAIMED; MADE PRESENTATION TO EDITH PHILLIPS; EDITH PHILLIPS HEARD
PUBLIC PRESENTATION
3) Request from Tehachapi Chamber of Commerce to address the Board re Tehachapi Mountain Festival -
APPOINTMENTS/RESIGNATIONS
Pa-Pr

All Ayes

*4) Reappointment of Brian Kamoto as Pharmacist Representative, and Gerald Starr as Chief Executive Officer of Kern Medical Center, to the Kern Health System's Inc. Board of Directors, terms to expire June 30, 2000 - MADE REAPPOINTMENTS

CONTINUED HEARING

RESOURCE MANAGEMENT AGENCY

Planning Department

Pa-Pr

All Ayes

*5) (1) General Plan Amendment Case No. 3, Map No. 124-1; (2) Amendment of Zoning Map No. 124-1, Zone Change Case No. 26; (3) Conditional Use Permit Case No. 23, Map No. 124-1; (4) Precise Development Plan No. 20, Map No. 124-1; Nazar Kooner by Alta Engineering/Hughes Surveying; 1320 Weedpatch Highway, southeast of Bakersfield; (1) Amend the Metropolitan Bakersfield 2010 General Plan from Map Code(s) R-IA (Intensive Agriculture) to Map Code(s) SR (Suburban Residential - Less Than or Equal to 4 Dwelling Units/Net Acre) and GC (General Commercial) or more restrictive map code designations; (2) A change in zone classification from A-1 (Limited Agriculture) to E (1/4) MH (Estate - 1/4 acre - Mobilehome Combining), MP PD (Mobilehome Park - Precise Development Combining), and C-2 PD (General Commercial - Precise Development Combining) or more restrictive districts; (3) Modification of a Conditional Use Permit to allow a private school at the Church facility authorized by Conditional Use Permit approved January 28, 1993; (4) A Precise Development for the construction of a feed store, a permanent fruit stand, and a retail sales (farm implements) store in a C-2 PD (General Commercial - Precise Development Combining) District; Planning Department recommendation: Continue to August 25, 1997; Negative Declaration (SD 5) (Bakersfield Californian) (Continued from 6/16/97, Item E) - CONTINUED TO MONDAY, AUGUST 25, 1997 AT 2:00 P.M.
HEARING

RESOURCE MANAGEMENT AGENCY

Planning Department

Pe-Mc

All Ayes

6) Streets and Highways - Street Name Change - Map No. 167-4; Mark D. Horton; Quail Valley Road alignment, located in Sand Canyon, northeasterly of Monolith; A Street Name Change from Quail Valley Road to Quail Estates Lane; Planning Department recommendation: Approve street name change as requested; General Rule, Section 15061(b)(3) (SD 2) (Tehachapi News); Planning Department recommendation: Approve street name change as requested; General Rule, Section 15061(b)(3) (SD 2) (Tehachapi News) - (Tape 1724) OPENED HEARING; NO ONE HEARD; CLOSED HEARING; ADOPTED RESOLUTION 97-216 APPROVING STREET NAME CHANGE AS REQUESTED
Pa-Pe

All Ayes

7) Amendment of Zoning Map No. 102-15, Zone Change Case No. 22; Fred Gerdeman; 5624 Brookdale Avenue, Rosedale area; A change in zone classification from E () RS (Estate - acre - Residential Suburban Combining) to E (1/4) (Estate - 1/4 acre) or a more restrictive district; Planning Department recommendation: Approve zone change as requested; Categorically Exempt, Section 15303 (SD 3) (Bakersfield Californian) - (Tape 1724) - OPENED HEARING; STEVE SAMPSON; JAMIE WHITE; AND GARY GUINN, HEARD IN OPPOSITION TO RECOMMENDATION; FRED GERDEMAN HEARD IN SUPPORT OF RECOMMENDATION; CLOSED HEARING; CONTINUED TO MONDAY, AUGUST 25, 1997 AT 2:00 P.M.

DEPARTMENTAL REQUESTS

RESOURCE MANAGEMENT AGENCY

Planning Department

Land Use

S.D. #2

Pa-Pr

All Ayes

*8) Three Year Extension of Time for Tract 5157 for Water Resorts, Inc, by David Smith, both sides of Douglas Avenue, approximately 500 feet west of Koch Street, west of Mojave - APPROVED THREE-YEAR EXTENSION OF TIME TO RECORD FINAL MAP FROM NOVEMBER 18, 1997 TO NOVEMBER 18, 2000, SUBJECT TO CONDITIONS APPROVED BY YOUR BOARD ON NOVEMBER 18, 1991
Pa-Pr

All Ayes

*9) Request for Nonsummary Vacation of a portion of New Eagle Road, Zone Map No. 213, Golden Queen Mining Company, Inc. - ADOPTED RESOLUTION 97-217 DECLARING INTENT TO VACATE; SET HEARING DATE FOR MONDAY, AUGUST 25, 1997 AT 2:00 P.M., AND PROVIDED FOR NOTICE

Miscellaneous

S.D. 4

Pa-Pr

All Ayes

*10) Request for Determination of Public Convenience for the Issuance of an Off-Sale Beer and Wine License at 2103 Lebec Road, Lebec (from July 28, 1997) - CONTINUED TO MONDAY, SEPTEMBER 8, 1997 AT 2:00 P.M.

COUNTY ADMINISTRATIVE OFFICE

Pa-Pr

All Ayes

*11) Reimbursement of Moving Expenses for Mr. John Mollison, Director of Employers' Training Resource, in an amount not to exceed $1,500 - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO MAKE NECESSARY PAYMENTS
Pa-Pr

All Ayes

*12) Proposed Revision of Health Plan Eligibility Policy and amendment to County Administrative Procedures Manual - APPROVED
Pa-Pr

All Ayes

*13) Proposed amendments to agreements with Colonial Life & Accident Insurance Company and Benefit America for Cafeteria Plan and Flexible Spending Plan Administrative Services, to extend terms to December 31, 2000 (no cost to County) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENTS 514-97 AND 515-97
Pa-Pe

All Ayes

MOTION TO CONSIDER NON-AGENDA ITEM: FOUND THAT NEED TO TAKE ACTION ON NON-AGENDA MATTER OCCURRED BECAUSE AFTER THE DEADLINE FOR POSTING THE AUGUST 4, 1997 AGENDA, THE BOARD OF SUPERVISORS RECEIVED A REQUEST TO OPPOSE AB 667. BECAUSE THE BILL IS SET FOR HEARING IN MID-AUGUST AND THE BOARD OF SUPERVISORS IS NOT SCHEDULED TO MEET AGAIN UNTIL AUGUST 19, BOARD ACTION IS REQUIRED AT THE AUGUST 4 MEETING IN ORDER THE FOR BOARD'S POSITION TO BE COMMUNICATED TIMELY TO THE APPROPRIATE LEGISLATORS.

Legislative Matter

Mc-Pa

All Ayes

13A) AB 667: Inland Oil Spills - ADOPTED POSITION IN OPPOSITION; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE

COUNTY ADMINISTRATIVE OFFICE

General Services Division

S.D. #2

Pa-Pr

All Ayes

*14) Proposed License Agreement with Tehachapi Valley Recreation & Park District for use of space by the Office on Aging, in an amount not to exceed $1,100.00 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 516-97
ALL S.D.'s
Pa-Pr

All Ayes

15) Status Report on the Computer Aided Dispatch System - CONTINUED TO TUESDAY, SEPTEMBER 9, 1997 AT 2:00 P.M.
Pa-Pr

All Ayes

*16) Request for consent to assignment of Franchise F-227 from Challenger Minerals, Inc., to J. P. Oil Company - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15061; DIRECTED CLERK OF THE BOARD TO COMPLETE AND FILE NOTICE OF EXEMPTION; APPROVED; ADOPTED RESOLUTION 97-218 CONSENTING TO ASSIGNMENT
COUNTY ADMINISTRATIVE OFFICE

Information Technology Services

Pa-Pr

All Ayes

*17) Proposed contract with Sterling Software to provide software maintenance for a period of three (3) years in an amount not to exceed $8,943.00 on two software products: Vision Results and Vision Report - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 517-97
EMPLOYERS' TRAINING RESOURCE
Pa-Pr

All Ayes

*18) Authorization to execute agreements with State of California and accept funds under the California One-Stop Career Center System Building grants for the purpose of building a statewide one-stop career center system - APPROVED; AUTHORIZED THE DIRECTOR OF EMPLOYERS' TRAINING RESOURCE OR HIS DESIGNEE TO SIGN AGREEMENTS AND ANY SUBSEQUENT AMENDMENTS, SUBJECT TO APPROVAL AS TO FORM BY COUNTY COUNSEL; AUTHORIZED THE COUNTY OF KERN, THROUGH ITS EMPLOYERS' TRAINING RESOURCE DEPARTMENT, TO SERVE AS THE FISCAL AGENT FOR THESE FUNDS

HUMAN SERVICES

Pa-Pr

All Ayes

*19) Proposed agreement with the Regents of the University of California for an Annual Training Program for County Personnel who provide eligibility services (no cost to County) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 518-97

Pa-Pr

All Ayes

*20) Proposed agreement with the Regents of the University of California for an Annual Training Program for County Personnel who provide Greater Avenues for Independence (GAIN) services (no cost to County) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 519-97

Pa-Pr

All Ayes

*21) Proposed agreement with the Kern County Superintendent of Schools to provide services for the Kern County Healthy Start Collaborative (no cost to County) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 520-97

PERSONNEL DEPARTMENT

Pa-Pr

All Ayes

*22) Request for retroactive out-of-state travel for Lindell Adams to attend the American Society of Equal Opportunity Professionals (ASEP) Fifth Annual Training Conference, "Vision & Leadership for Equal Opportunity" in Las Vegas, Nevada, July 20-24, 1997, in an amount not to exceed $799.45 - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PAY

WASTE MANAGEMENT DEPARTMENT

WITH-

DRAWN

*23) Proposed "Monitoring and Reporting Element" for management of long term environmental risks related to sanitary landfill operations -

CONSIDERATION OF ORDINANCES INTRODUCED ON TUESDAY, JULY 29, 1997 -

Pa-Pr

All Ayes

*24) Ordinance amending Ordinance G-5584 to add subsection 5© regarding exemption procedures for the Solid Waste Management Service Charges - ENACTED ORDINANCE G-6418

Pa-Pr

All Ayes

*25) Ordinance adding Section 10.16.048, subsection 10.16.048.1 to the Kern County Ordinance Code concerning no stopping zone on Aloma Street between State Highway 46 and Lawton Drive in the Lost Hills area - ENACTED ORDINANCE G-6419

Pa-Pr

All Ayes

*26) Ordinance revising Section 2.94.020 designating the name of the County Health Authority - ENACTED ORDINANCE G-6420
MATTERS FOR EXECUTIVE APPROVAL
Pa-Pr

All Ayes

27) Travel Requests (Out-of-State) - APPROVED R. IVES TO SPOKANE, WA; S. METTLER TO SALT LAKE CITY, UT

Pa-Pr

All Ayes

28) Minutes for Week of June 30, 1997 - APPROVED
Pa-Pr

All Ayes

29) Miscellaneous Letters and Documents - FILED
Pa-Pr

All Ayes

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

PUBLIC PRESENTATIONS
31) 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 WILBANKS, ASSISTANT CAO FOR GENERAL SERVICES, DISCUSSED ARTS COUNCIL DISPLAY IN THE ROTUNDA OF THE ADMINISTRATIVE CENTER AND INTRODUCED SONJA SWENSON-WOLSEY, BETTY YOUNGER AND MARK PAHUTA; SONJA SWENSON-WOLSEY HEARD; SUPERVISORS PATRICK, MCQUISTON AND PARRA EXPRESSED APPRECIATION FOR THE ART WORKS
BOARD MEMBER ANNOUNCEMENTS OR REPORTS
32) 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 AG LAND USE MEETING IN SACRAMENTO AND CSAC'S REQUEST FOR THE BOARD TO PURSUE TRIAL COURT FUNDING AND RETURN OF ERAF MONIES THROUGH ASSEMBLYMEN AND SENATORS REPRESENTING KERN COUNTY

SUPERVISOR PEREZ CONTINUED DISCUSSION ON ERAF AND THE IMPORTANCE OF VOTERS TO SEEK OUT INFORMATION RELATING TO PROPOSITION ISSUES

Pa-Pr RECESSED TO 7:00 P.M.

Clerk of the Board

Chairman, Board of Supervisors

29) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED
Clerk of the Board
A) Received, certified, and forwarded to Recorder for Recordation as follows:

1) Parcel Map No. 10289 (S.D. 4)

2) Parcel Map No. 10402 (S.D. 2)

3) Tract Map No. 5451 (S.D. 2)

Community Development

B) County Loan Agreement, Home Investment Partnerships Program, Owner Rehabilitation Program with Juana F. Lugo

Emergency Medical Services

C) Memorandum re Kern County EMS System Changes-EMS/MCO Planning Process (Copy to each Supervisor and CAO)

General Services

D) Letter re Request to Receive and File Time Certificate of Deposit from Marilyn Larsen Family Trust; SD#2 (Copy to General Services)
E) Letter to Charles Conner re Board Referral item 9711940, April 8, 1997, Regarding Flood Emergency Worker Recognition Day (Copy to each Supervisor and CAO)

Kern County Economic Opportunity Corporation

F) Letter re Acquisition of the Bakersfield Federal Building (Copy to each Supervisor, CAO and Health Department)

MISCELLANEOUS

G) Letter from Ronald Shepard re Kern Medical Center (Copy to each Supervisor, CAO and KMC)
H) Letter from State Board of Equalization re Property Tax Rule 371 (Copy to each Supervisor, CAO, Assessor and AAB)
I) Letter from GTE Mobilnet of Central California re Notification letter for Arvin of Fresno MSA Limited Partnership (Copy to each Supervisor)
J) Minutes of the meeting of June 19, 1997 from Kern Council of Governments, Transportation Planning Policy Committee (Copy to each Supervisor, CAO and Roads)
K) State of California, Fish and Game Commission Meeting Agenda for July 31, 1997 (Copy to each Supervisor, CAO, Planning and County Counsel)
L) Wildlife Conservation Board Meeting Agenda for August 14, 1997 (Copy to each Supervisor, CAO, Planning and County Counsel)
M) Transmittal letter to report an illegal or threatened discharge of hazardous waste (Copy to each Supervisor, CAO, Environmental Health and Fire-Hazardous Material)
N) Memorandum from California Redevelopment Association re to Redevelopment Seminar (Copy to each Supervisor and CAO)
O) News Release from U.S. Department of the Interior, Bureau of Land Management re extension of Comment Period for Proposed Soledad Mountain Project Draft EIS/EIR (Copy to each Supervisor, CAO, Planning and County Counsel)
P) Fact Sheet from California Environmental Protection Agency, Department of Toxic Substances Control re Draft Standardized Permit (Copy to each Supervisor, CAO and Waste Management)
Q) Newsletter from U.S. Department of Justice, National Institute of Justice re National Assessment of the Bryne Formula Grant Program (Copy to each Supervisor and CAO)
R) Brochure from A P A, The Engineered Wood Association re I-Joists for Residential Floors (Copy to each Supervisor, CAO, General Services and RMA)
S) Book from Department of Energy re Supplemental Environmental Impact Statement/Program Environmental Impact Report for the Sale of Elk Hills (Copy to each

Supervisor, CAO, Planning and County Counsel)

30) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD -APPROVED AND FILED
A) Letter and Petition from Ora Elder re Neighborhood Surroundings and Conditions -REFERRED TO RESOURCE MANAGEMENT AGENCY (Copy to each Supervisor, CAO and Sheriff)
B) Letter from Dale Scott & Company Inc. re Kern High School District 1997 Tax and Revenue Anticipation Notes -REFERRED TO COUNTY COUNSEL
C) Letter from J. Ruck re information on claim -REFERRED TO COUNTY COUNSEL (Copy to each Supervisor and CAO)
D) Resolution No. 97-02 of the Board of Directors of the East Kern Cemetery District for Adoption of Provisions for Kern County Health Benefits Plan -REFERRED TO COUNTY ADMINISTRATIVE OFFICE (Copy to each Supervisor and CAO)
E) Summons and Complaint in the matter of Abel J. Cebreros vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
F) Claim in the matter of Donna Schwab vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
G) Claim in the matter of Donna Schwab vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
H) Claim in the matter of Shelley and Cheri Singer vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
I) Claim in the matter of Kevin Schmidt vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
J) Claim in the matter of Kevin Schmidt vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
K) Claim in the matter of C. Jeff Thomson and L. Elaine Thomson vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
L) Claim in the matter of Donny Youngblood vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

SUMMARY OF PROCEEDINGS

BOARD OF SUPERVISORS - COUNTY OF KERN

1115 Truxtun Avenue

Bakersfield, California

Regular Meeting

Monday, August 4, 1997

7:00 P.M.

BOARD RECONVENED

Supervisors: McQuiston, Perez, Patrick, Peterson, Parra

ROLL CALL: All Present

SALUTE TO FLAG - Led by Supervisor Peterson

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

BOARD ACTION SHOWN IN CAPS

Pa-Pe

All Ayes

1) Public Meeting to receive public comment on FY 1997/98 Proposed Budget - ROY WEYGAND, PRESIDENT OF KERNTAX; PAULINE LARWOOD REPRESENTING BAKERSFIELD SOUTH ROTARY AND OTHER ROTARIANS; DEBORAH EASTMAN; MARTIN MITCHELL, REPRESENTING THE SOCIAL WORKERS OF CHILD PROTECTIVE SERVICES; JUDY NEUMAN; TOM CORSON AND LAURA DENNISON, HEARD; RECEIVED AND FILED DOCUMENTS
PUBLIC PRESENTATIONS
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! - PAULINE LARWOOD INTRODUCED HER GRANDDAUGHTER, KRISTIN, FROM HAWAII AND CHARLOTTE FROM FRANCE
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]) - NONE
Pa-Pe ADJOURNED TO TUESDAY, AUGUST 5, 1997 AT 9:00 A.M.

Clerk of the Board

Chairman, Board of Supervisors