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SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, August 2, 2011 2:00 P.M. BOARD RECONVENED Supervisors: McQuiston, Scrivner, Maggard, Watson, Goh ROLL CALL: All Present NOTE: The vote is displayed in bold below each item. For example, McQuiston-Watson denotes Supervisor McQuiston made the motion and Supervisor Watson seconded the motion. CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: ALL ITEMS LISTED WITH A "CA" OR "C" WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION. BOARD ACTION SHOWN IN CAPS REPORT ON ACTIONS TAKEN IN CLOSED SESSION ON TUESDAY, AUGUST 2, 2011, AT 9:00 A.M. - NOS. 79 THROUGH 82 - NO REPORTABLE ACTION TAKEN Item No. 83 concerning a request for Closed Session regarding a lawsuit entitled Gary Madsen v. County of Kern (WCAB Case No. ADJ Unassigned) (Government Code Section 54956.9(a)) - CONTINUED TO IMMEDIATELY FOLLOW 2:00 P.M. SESSION (See Item No. 53) Item No. 84 concerning a request for Closed Session regarding a lawsuit entitled Ruben Padilla v. County of Kern (WCAB Case No. ADJ7247066 and ADJ 7247048) (Government Code Section 54956.9(a)) - CONTINUED TO IMMEDIATELY FOLLOW 2:00 P.M. SESSION (See Item No. 54) ADJOURNED AS BOARD OF SUPERVISORS; RECONVENED AS KERN SANITATION AUTHORITY Watson-McQuiston: All Ayes KERN SANITATION AUTHORITY C-1) Proposed Resolution to establish Fiscal Year 2011-2012 Appropriations Limit of $2,756,771 for Kern Sanitation Authority (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION 2011-189 Watson-McQuiston: All Ayes Note: Members of the Board of Supervisors may have an interest in certain contracts that the Board considers where the member holds a position on a non-profit corporation that supports the functions of the County. Supervisors are assigned to these positions as part of annual committee assignments by the Chairman of the Board. These interests include, with the Supervisor holding the position, the following: California State Association of Counties (Supervisors McQuiston and Maggard); Community Action Partnership of Kern (Supervisor Maggard); Kern County Network for Children (Supervisor Goh); Kern Economic Development Corporation (Supervisors Maggard, Watson, and Scrivner); Southern California Water Committee (Supervisors Watson and Maggard); and Tobacco Funding Corporation, Kern County (Supervisors Maggard and Watson).

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Page 1: Kern County Board of Supervisors Summary of Proceedings ...kern.granicus.com/documentviewer.php?file=kern_66e...business on a future agenda (Gov. Code Sec. 54954.2[a]) ... DEVELOPMENT

SUMMARY OF PROCEEDINGS

BOARD OF SUPERVISORS - COUNTY OF KERN

1115 Truxtun Avenue Bakersfield, California

Regular Meeting

Tuesday, August 2, 2011

2:00 P.M.

BOARD RECONVENED Supervisors: McQuiston, Scrivner, Maggard, Watson, Goh ROLL CALL: All Present NOTE: The vote is displayed in bold below each item. For example,

McQuiston-Watson denotes Supervisor McQuiston made the motion andSupervisor Watson seconded the motion. CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: ALL ITEMS LISTED WITH A "CA" OR "C" WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION. BOARD ACTION SHOWN IN CAPS

REPORT ON ACTIONS TAKEN IN CLOSED SESSION ON TUESDAY,

AUGUST 2, 2011, AT 9:00 A.M. - NOS. 79 THROUGH 82 -NO REPORTABLE ACTION TAKEN

Item No. 83 concerning a request for Closed Session regarding a lawsuit

entitled Gary Madsen v. County of Kern (WCAB Case No. ADJUnassigned) (Government Code Section 54956.9(a)) - CONTINUED TO IMMEDIATELY FOLLOW 2:00 P.M. SESSION (See Item No. 53)

Item No. 84 concerning a request for Closed Session regarding a lawsuitentitled Ruben Padilla v. County of Kern (WCAB Case No. ADJ7247066and ADJ 7247048) (Government Code Section 54956.9(a)) - CONTINUED TO IMMEDIATELY FOLLOW 2:00 P.M. SESSION (See Item No. 54)

ADJOURNED AS BOARD OF SUPERVISORS; RECONVENED AS KERNSANITATION AUTHORITY Watson-McQuiston: All Ayes

KERN SANITATION AUTHORITY

C-1) Proposed Resolution to establish Fiscal Year 2011-2012 Appropriations Limit of $2,756,771 for Kern Sanitation Authority (Fiscal Impact: None) -APPROVED; ADOPTED RESOLUTION 2011-189

Watson-McQuiston: All Ayes

Note: Members of the Board of Supervisors may have an interest in certain contracts that the Board considers where the member holds a position on a non-profit corporation that supports the functions of the County. Supervisors are assigned to these positions as part of annual committee assignments by the Chairman of the Board. These interests include, with the Supervisor holding the position, the following: California State Association of Counties (Supervisors McQuiston and Maggard); Community Action Partnership of Kern (Supervisor Maggard); Kern County Network for Children (Supervisor Goh); Kern Economic Development Corporation (Supervisors Maggard, Watson, and Scrivner); Southern California Water Committee (Supervisors Watson and Maggard); and Tobacco Funding Corporation, Kern County (Supervisors Maggard and Watson).

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Summary of Proceedings Page 16 Board of Supervisors Regular Meeting – 2:00 P.M. 8/2/2011

ADJOURNED AS KERN SANITATION AUTHORITY; RECONVENED ASFORD CITY-TAFT HEIGHTS SANITATION DISTRICT Watson-McQuiston: All Ayes

FORD CITY-TAFT HEIGHTS SANITATION DISTRICT

C-2) Proposed Resolution to establish Fiscal Year 2011-2012 Appropriations Limit of $574,895 for Ford City-Taft Heights Sanitation District (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION 2011-190

Watson-Goh: All Ayes

ADJOURNED AS FORD CITY-TAFT HEIGHTS SANITATION DISTRICT; RECONVENED AS BOARD OF SUPERVISORS Watson-Goh: All Ayes

PUBLIC PRESENTATIONS

3) This portion of the meeting is reserved for persons to address the Board onany 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 factualinformation 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 ofbusiness on a future agenda. SPEAKERS ARE LIMITED TO TWOMINUTES. PLEASE STATE AND SPELL YOUR NAME BEFORE MAKINGYOUR PRESENTATION. THANK YOU! JEFF CLARK, CALIFORNIA CLEMENCY PROJECT, HEARD REGARDING OFFICER-INVOLVED SHOOTINGS IN KERN COUNTY

BOARD MEMBER ANNOUNCEMENTS OR REPORTS

4) On their own initiative, Board members may make an announcement or areport 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 ofbusiness on a future agenda (Gov. Code Sec. 54954.2[a]) NO ONE HEARD

COUNTY ADMINISTRATIVE OFFICE

Hearing

5) Public hearing to discuss supervisorial district boundary adjustments (Fiscal Impact: None) - OPENED HEARING; STEVEN OCHOA, NATIONAL REDISTRICTING COORDINATOR, MEXICAN AMERICANLEGAL DEFENSE AND EDUCATION FUND (MALDEF); TOM ROSS;HEATHER BENES; JAMES WELLING; ROBERT JOHNSON; JAN GARY,PRESIDENT, CITIZENS FOR A NEW OILDALE; CANDI EASTER, CHAIRMAN, KERN COUNTY DEMOCRATIC PARTY AND REGIONAL DIRECTOR FOR CALIFORNIA STATE DEMOCRATIC PARTY; BROOKS DOUGLASS, PRESIDENT, NORTH OF THE RIVER CHAMBER OFCOMMERCE; SUZANNE LANGE, CITIZENS FOR A NEW OILDALE AND THE OILDALE FOUNDATION; JACK BRIGHAM; MARY HELEN BARRO; CHRISTY HORNE; JUDY SCOLES; JOHNNIE MUNOZ; CAROLBENDER; HAL AARON; GARY TAYLOR, VICE MAYOR, CITY OF RIDGECREST; BILL TRACY AND BERNICE BONILLAS HEARD; CLOSED HEARING; WAIVED READING AND INTRODUCED ORDINANCE APPROVING FINAL REDISTRICTING PLAN OPTION SEVEN

Scrivner-Watson: All Ayes

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Summary of Proceedings Page 17 Board of Supervisors Regular Meeting – 2:00 P.M. 8/2/2011

CONTINUED HEARINGS

DEVELOPMENT SERVICES AGENCY Planning and Community Development Department

6) Request from Rick Cottrell by Cornerstone Engineering, Inc., to

change various permitted uses to general commercial on 20 acres located approximately 350 feet east of Santa Lucia Street, south sideof Valley Boulevard, west of Tehachapi (S.D. #2) Specific Request: (a) Amend the Land Use, Open Space and Conservation Element of the Greater Tehachapi Area Specific and Community Plan from Map Code(s) 8.2/2.5/2.7 to Map Code(s) 6.1/2.5/2.7, 7.2/2.7, and 7.2/2.5/2.7 or more restrictive map code designations; and from Map Code(s) 6.1/2.7 to 6.1/2.5/2.7; and from Map Code(s) 7.2/2.7 to 7.1/2.5/2.7 or more restrictive map code designation (GPA #5, Map #165-25) (b) A change in zone classification from E (20) RS to C-2 PD, C-2 PD FPS, M-1 PD, M-1 PD FPS, and FPP or more restrictive districts (ZCC #25, Map #165-25) (Negative Declaration; Published Bakersfield Californian) (from 6/28/2011) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PERPLANNING COMMISSION RECOMMENDATION, ADOPTED NEGATIVEDECLARATION AND MITIGATION MEASURE MONITORING PROGRAM;ADOPTED RESOLUTIONS 2011-191 AND 2011-192 AND ENACTED ORDINANCE G-8178 APPROVING GENERAL PLAN AMENDMENT WITHTHE REQUESTED CHANGES IN MAP CODE DESIGNATION WITH THEINCLUSION OF THE MORE RESTRICTIVE 2.5 (FLOOD HAZARD) MAPCODE RESTRAINT FOR THOSE AREAS PRESENTLY DESIGNATED6.1/2.7 (MAJOR COMMERCIAL - LIQUEFACTION RISK) AND 7.2/2.7 (SERVICE INDUSTRIAL - LIQUEFACTION RISK) SUBJECT TO FLOODING; APPROVING THE FPP (FLOODPLAIN PRIMARY)DISTRICT; APPROVING THE REQUESTED C-2 PD (GENERAL COMMERCIAL - PRECISE DEVELOPMENT COMBINING), C-2 PD FPS (GENERAL COMMERCIAL - PRECISE DEVELOPMENT COMBINING -FLOODPLAIN SECONDARY COMBINING), M-1 PD (LIGHT INDUSTRIAL - PRECISE DEVELOPMENT COMBINING), M-1 PD FPS (LIGHT INDUSTRIAL - PRECISE DEVELOPMENT COMBINING -FLOODPLAIN SECONDARY COMBINING) ZONE CLASSIFICATIONS,WITH THE INCLUSION OF THE MORE RESTRICTIVE SC (SCENIC CORRIDOR COMBINING) DISTRICT

Scrivner-Goh: All Ayes

7) Request from Antelope Valley Solar project by Renewable ResourceGroup to change various permitted uses to accommodate a 650megawatt solar photovoltaic (PV) power generation facility on 3,544 acres located generally bounded by 115th Street West on the east,170th Street West on the west, Avenue B on the south, andRosamond Boulevard on the north, west of Rosamond (S.D. #2) Specific Request: (a) through (c) Amend the Land Use Element of the Willow Springs Specific Plan from Map Code(s) 5.3/4.4, 5.3/4.4/2.6, 5.3/4.4/2.85, and 7.1/4.4 to Map Code(s) 5.3, 5.3/2.6, 5.3/2.85, and 7.1 or more restrictive map code designations; Amend the Circulation Element of the Willow Springs Specific Plan to remove section and midsection line road reservations internal to the project site (SPA #17, Map #232; SPA #2, Map #232-23; SPA #3, Map #233) (Continued on Page 18)

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Summary of Proceedings Page 18 Board of Supervisors Regular Meeting – 2:00 P.M. 8/2/2011

(Continued from Page 17) (d) through (f) A change in zone classifications from E (1) RS MH FPS, E (2 1/2) RS FPS, E (2 1/2) RS MH FPS, and C-2 PD to A or a more restrictive district (ZCC #34, Map #232; ZCC #5, Map #232-23; ZCC #13, Map #233) (g) through (i) Conditional Use Permits to allow for the construction of a 650 megawatt solar photovoltaic (PV) power generation facility (Section 19.12.030.G) in an A District (CUP #28, Map #232; CUP #2, Map #232-23; CUP #8, Map #233) (j) Cancellation of approximately 1,000 acres of Williamson Act Land Use Contracts (Cancellation #10-03) (Environmental Impact Report; Published Bakersfield Californian, MojaveDesert News and Rosamond Weekly News) (from 6/28/2011) - OPENED HEARING; GORDON NIPP, SIERRA CLUB; RANDALL SCOTT; MELLAYNE, PRESIDENT, GREATER ANTELOPE VALLEY ECONOMIC ALLIANCE; CAM KNIGHT; JUDYTHE COFFMAN; DENISE SCHWEBKE; ARI SWILLER, REPRESENTING RENEWABLE RESOURCE GROUP;JOHN SPAULDING, BUILDING TRADES COUNCIL; AND EDWARD LUCIO, HEARD; CLOSED HEARING; PER PLANNING COMMISSIONRECOMMENDATION, CERTIFIED THE ENVIRONMENTAL IMPACT REPORT; ADOPTED REVISED SECTION 15091 FINDINGS AND SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS;ADOPTED REVISED KERN COUNTY MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTIONS 2011-193, 2011-194, 2011-195 AND 2011-196 AND ENACTED ORDINANCES G-8179 AND G-8180 AND G-8181 APPROVING SPECIFIC PLAN AMENDMENTS TO THE LAND USE ELEMENTS AS REQUESTED; APPROVINGAMENDMENT TO THE CIRCULATION ELEMENT AS REQUESTED FOR125TH STREET WEST FROM WILLOW AVENUE TO ASTORIA STREET(S/2 OF THE NORTH-SOUTH MIDSECTION LINE OF SECTION 22), HOLIDAY AVENUE FROM 130TH STREET WEST TO 120TH STREETWEST (SECTION LINE BETWEEN SECTIONS 22 AND 27), ASTORIASTREET FROM 125TH STREET WEST TO 120TH STREET WEST (E/2OF THE EAST-WEST MIDSECTION LINE OF SECTION 22), KINGBIRD AVENUE FROM 125TH STREET WEST TO 120TH STREET WEST (E/4OF THE EAST-WEST MIDSECTION LINE OF SECTION 34); DISAPPROVING THE AMENDMENT TO THE CIRCULATION ELEMENTTO REMOVE 120TH STREET WEST FROM ASTORIA STREET TOROSAMOND BOULEVARD (N/2 OF THE SECTION LINE BETWEEN SECTIONS 22 AND 23), 130TH STREET WEST FROM HOLIDAYAVENUE TO ASTORIA STREET (S/2 OF THE SECTION LINE BETWEENSECTIONS 21 AND 22), APPROXIMATELY 665 FEET OF GASKELLROAD STARTING FROM 665 FEET WEST OF 120TH STREET WEST(W/4 OF THE E/4 OF THE SECTION LINE BETWEEN SECTIONS 27 AND 34); APPROVING ZONE CHANGE CASES AS REQUESTED;APPROVING CONDITIONAL USE PERMITS AS REQUESTED;APPROVING CANCELLATION SUBJECT TO PAYMENT OF PENALTYFEE; DIRECTING CLERK OF THE BOARD TO ISSUE A TENTATIVECERTIFICATE OF CANCELLATION SUBJECT TO PAYMENT OF PENALTY FEE AND COMPLIANCE WITH ALL OTHER CONDITIONSCONTAINED IN THE TENTATIVE CERTIFICATE OF CANCELLATION;APPROVED MEMORANDUM OF UNDERSTANDING/ AGREEMENT ANDAUTHORIZED CHAIRMAN TO SIGN AGREEMENT 594-2011

Scrivner-McQuiston: All Ayes CORRECTION PER SUMMARY OF SEPTEMBER 27, 2011, ITEMNO. 32 P.M.

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Summary of Proceedings Page 19 Board of Supervisors Regular Meeting – 2:00 P.M. 8/2/2011

CA-8) Request from Teresa Allen by Designed Images to change variouspermitted uses to one-acre estate residential on 4.98 acres located on the east side of Phairfield Street, approximately 650 feet south of Hageman Road, Bakersfield (S.D. #4) Specific Request: (a) Amend the Western Rosedale Specific Plan from Map Code(s) LI and UER to Map Code(s) ER or a more restrictive map code designation (SPA #15, Map #101-23) (b) A change in zone classification from A [M-1 PD and E (1/2) in suspense] to E (1) RS or a more restrictive district (ZCC #45, Map #101-23) (General Rule, Section 15061(b)(3); Published Bakersfield Californian)(from 6/28/2011) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED RESOLUTIONS 2011-197 AND 2011-198 AND ENACTED ORDINANCE G-8182 APPROVING SPECIFIC PLAN AMENDMENT AS REQUESTED; APPROVING ZONE CHANGE AS REQUESTED;CONCURRING WITH THE RECOMMENDATION OF THE DIRECTOR OF THE KERN COUNTY ENGINEERING, SURVEYING, AND PERMITSERVICES DEPARTMENT, AND APPROVING AN EXCEPTION TO THEWESTERN ROSEDALE SPECIFIC PLAN SEWER SERVICE POLICIES Watson-McQuiston: All Ayes

9) Request from Ronald Trost by Advanced Geomatics Engineering to

change various permitted uses to limited agricultural on 5.44 acreslocated between Lebec Oaks Road and Phelps Drive, approximatelytwo miles west of Interstate 5, O’Neil Canyon area (S.D. #4) Specific Request: (a) Amend the O’Neil Canyon Specific Plan from Map Code(s) 8.5 and 8.5/2.5 to Map Code(s) 5.6 or a more restrictive map code designation (SPA #12, Map #237) (b) A change in zone classification from RF to A-1 or a more restrictive district (ZCC #45, Map #237) (General Rule, Section 15061(b)(3); Published Mountain Enterprise) (from 6/28/2011) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING;PER PLANNING COMMISSION RECOMMENDATION, ADOPTEDRESOLUTIONS 2011-199 AND 2011-200 AND ENACTED ORDINANCE G-8183 APPROVING THE SPECIFIC PLAN AMENDMENT WITH MAP CODE(S) 5.6 (RESIDENTIAL - MINIMUM 2.5 GROSS ACRES/UNIT) DESIGNATION AND THE MORE RESTRICTIVE MAP CODE 5.6/2.5(RESIDENTIAL - MINIMUM 2.5 GROSS ACRES/UNIT - FLOOD HAZARD) DESIGNATION ON THOSE PORTIONS OF THE SITE ALREADYCONTAINING THE 2.5 (FLOOD HAZARD) PHYSICAL CONSTRAINT MAP CODE; AND APPROVING THE ZONE CHANGE AS REQUESTED

Watson-Goh: All Ayes

DEPARTMENTAL REQUESTS

DEVELOPMENT SERVICES AGENCY Planning and Community Development Department

S.D. #1

CA-10) Proposed rescission of a portion of an existing Williamson Act Land Use Contract and simultaneous approval of proposed Williamson Act ContractNo. 11-12 with Windfall Ranch LLC, a California Limited Liability Co., for2012 Calendar Year, 111 acres, Agricultural Preserve No. 14 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; DIRECTED CLERK OF THE BOARD TO RECORD Watson-McQuiston: All Ayes

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Summary of Proceedings Page 20 Board of Supervisors Regular Meeting – 2:00 P.M. 8/2/2011

S.D. #4

CA-11) Proposed Request for Release of Funds (RROF) for CommunityDevelopment Block Grant Project No. 42.10.1, Mettler Water System Improvements (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED DIRECTOR TO SUBMIT RROFAND CERTIFICATION TO U.S. DEPARTMENT OF HOUSING ANDURBAN DEVELOPMENT Watson-McQuiston: All Ayes

DEVELOPMENT SERVICES AGENCY

Engineering, Surveying and Permit Services Department NOTE: ITEM NOS. 13 AND 14 WERE HEARD PRIOR TO ITEM NO. 12

Continued Hearing

All S.D.s

12) Hearing on Fiscal Year 2011-2012 service charges for all County Service Areas (Fiscal Impact: $5,282,134; CSAs; Budgeted; Mandated and Discretionary) (from 6/21/2011) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; APPROVED ASSESSMENTS; ADOPTEDRESOLUTION 2011-201 CONFIRMING ENGINEERING, SURVEYING & PERMIT SERVICES DEPARTMENT DIRECTOR’S REPORT TO SETASSESSMENTS FOR 2011-2012; ADOPTED ORDINANCE G-8184 ENACTING COUNTY SERVICE AREA ASSESSMENTS FOR FISCALYEAR 2011-2012; DIRECTED CLERK OF THE BOARD TO FILE NOTICEOF EXEMPTION, IF REQUESTED

Scrivner-Watson: All Ayes

Hearings

S.D. #1

13) Hearing on proposed increased assessment for Fiscal Year 2011-2012 in County Service Area No. 39.1, Lakeshore Pines, Wofford Heights (FiscalImpact: $2,480 Additional Revenue 2011/2012; CSAs; Budgeted;Discretionary) - OPENED HEARING; ROGER SMITH AND TOM POPLAWSKI, HEARD; CLOSED HEARING; CONFIRMED THERE IS NOT A MAJORITY PROTEST; ENACTED ORDINANCE G-8185 INCREASING ASSESSMENT; ADOPTED RESOLUTION 2011-202 APPROVING ENGINEERING, SURVEYING & PERMIT SERVICES DEPARTMENT DIRECTOR’S REPORT AND APPROVING AN ANNUAL PER PARCELASSESSMENT NOT TO EXCEED $480 FOR SEWAGE DISPOSALSERVICE; DETERMINING TO ADOPT AN ORDINANCE ENACTING ANASSESSMENT FOR COUNTY SERVICE AREA NO. 39.1, LAKESHOREPINES, WOFFORD HEIGHTS; REFERRED TO ENGINEERING, SURVEYING & PERMIT SERVICES DEPARTMENT TO INVESTIGATECOST REDUCTION OPTIONS AND EFFICIENCIES, AND REPORTBACK ON THE RELIABILITY OF THE CURRENT SEWAGE DISPOSALSYSTEM

McQuiston-Watson: All Ayes

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Summary of Proceedings Page 21 Board of Supervisors Regular Meeting – 2:00 P.M. 8/2/2011

14) Hearing on proposed increased assessment for Fiscal Year 2011-2012 in County Service Area No. 39.8, Reeder Tract, Lake Isabella (Fiscal Impact: $16,616 Additional Revenue 2011/2012; CSAs; Budgeted; Discretionary) -OPENED HEARING; NO ONE HEARD; CLOSED HEARING;CONFIRMED THERE IS NOT A MAJORITY PROTEST; ENACTEDORDINANCE G-8186 INCREASING ASSESSMENT; ADOPTEDRESOLUTION 2011-203 APPROVING ENGINEERING, SURVEYING & PERMIT SERVICES DEPARTMENT DIRECTOR’S REPORT ANDAPPROVING AN ANNUAL PER PARCEL ASSESSMENT NOT TOEXCEED $732 FOR SEWAGE DISPOSAL SERVICE; DETERMINING TOADOPT AN ORDINANCE ENACTING AN ASSESSMENT FOR COUNTY SERVICE AREA NO. 39.8, REEDER TRACT, LAKE ISABELLA

McQuiston-Scrivner: All Ayes

S.D. #4

CA-15) Request for Protest Hearing on proposed confirmation of costs incurred fornuisance abatement work located at 620 South Drive, Lebec, APN 255-215-17 (Fiscal Impact: $6,072; General Fund; Budgeted; Discretionary) -OPENED HEARING; NO ONE HEARD; CLOSED HEARING; RECEIVEDAND FILED REPORT; ADOPTED RESOLUTION 2011-204 CONFIRMING COSTS INCURRED BY COUNTY FOR WORK PERFORMED TO ABATEPUBLIC NUISANCE ON SUBJECT PROPERTY; ORDERED ANY COSTS, IF NOT PAID WITHIN TEN (10) DAYS, BE A LIEN AGAINST SUBJECTPROPERTY AND CONSTITUTE A SPECIAL ASSESSMENT TO BEPLACED ON TAX ROLL BY AUDITOR AND TO BE COLLECTED INSAME MANNER AND SUBJECT TO SAME PENALTIES AS ORDINARYCOUNTY TAXES ON REAL PROPERTY FROM WHICH NUISANCE WASABATED; DIRECTED ENGINEERING, SURVEYING & PERMIT SERVICES DEPARTMENT TO MAIL NOTICE OF BOARD ACTION TOSUBJECT PROPERTY OWNER Watson-McQuiston: All Ayes

CA-16) Request for Protest Hearing on proposed confirmation of costs incurred for

nuisance abatement work located at 16 Griffiths Street, Bakersfield, APN149-102-24 (Fiscal Impact: $2,472.40; General Fund; Budgeted;Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSEDHEARING; RECEIVED AND FILED REPORT; ADOPTED RESOLUTION 2011-205 CONFIRMING COSTS INCURRED BY COUNTY FOR WORKPERFORMED TO ABATE PUBLIC NUISANCE ON SUBJECTPROPERTY; ORDERED ANY COSTS, IF NOT PAID WITHIN TEN (10)DAYS, BE A LIEN AGAINST SUBJECT PROPERTY AND CONSTITUTE ASPECIAL ASSESSMENT TO BE PLACED ON TAX ROLL BY AUDITOR AND TO BE COLLECTED IN SAME MANNER AND SUBJECT TO SAMEPENALTIES AS ORDINARY COUNTY TAXES ON REAL PROPERTYFROM WHICH NUISANCE WAS ABATED; DIRECTED ENGINEERING,SURVEYING & PERMIT SERVICES DEPARTMENT TO MAIL NOTICEOF BOARD ACTION TO SUBJECT PROPERTY OWNER Watson-McQuiston: All Ayes

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Summary of Proceedings Page 22 Board of Supervisors Regular Meeting – 2:00 P.M. 8/2/2011

CA-17) Request for Protest Hearing on proposed confirmation of costs incurred fornuisance abatement work located at 239-310-08 Highway 166, Maricopa, APN 239-310-08 (Fiscal Impact: $1,547.40; General Fund; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSEDHEARING; RECEIVED AND FILED REPORT; ADOPTED RESOLUTION2011-206 CONFIRMING COSTS INCURRED BY COUNTY FOR WORKPERFORMED TO ABATE PUBLIC NUISANCE ON SUBJECTPROPERTY; ORDERED ANY COSTS, IF NOT PAID WITHIN TEN (10) DAYS, BE A LIEN AGAINST SUBJECT PROPERTY AND CONSTITUTE ASPECIAL ASSESSMENT TO BE PLACED ON TAX ROLL BY AUDITORAND TO BE COLLECTED IN SAME MANNER AND SUBJECT TO SAMEPENALTIES AS ORDINARY COUNTY TAXES ON REAL PROPERTY FROM WHICH NUISANCE WAS ABATED; DIRECTED ENGINEERING,SURVEYING & PERMIT SERVICES DEPARTMENT TO MAIL NOTICEOF BOARD ACTION TO SUBJECT PROPERTY OWNER Watson-McQuiston: All Ayes

S.D. #1

CA-18) Annual Reclamation Assurance Review, Reclamation Performance Bond Decrease Rider for Granite Construction Company Sand Canyon Pitmining operation $400,605.80 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN RECLAMATION PERFORMANCEBOND DECREASE RIDER Watson-McQuiston: All Ayes

CA-19) Request to set public hearing to consider levying assessments with an

escalation clause for Zone of Benefit Nos. 3, 5 and 7 within County ServiceArea No. 71; and proposed Resolution of intention to extend Zone ofBenefit Nos. 3, 5 and 7 within County Service Area No. 71, Parcel Map 11675 and its Designated Remainder, located north of Seventh StandardRoad and east of Enos Lane, northwest Bakersfield (Fiscal Impact:$20,888; CSAs; Budgeted; Mandated) - APPROVED; MADE FINDING ACTION IS STATUTORILY EXEMPT FROM CEQA PURSUANT TO SECTION 15061(B)(3) AND SECTION 15273 OF STATE CEQAGUIDELINES; SET PUBLIC HEARING FOR TUESDAY, OCTOBER 4,2011, AT 2:00 P.M., TO RECEIVE PUBLIC COMMENT AND TABULATE BALLOTS; DIRECTED ENGINEERING, SURVEYING & PERMIT SERVICES DEPARTMENT TO MAIL NOTICES AND BALLOTS, ALONG WITH ENGINEER’S REPORT, TO PROPERTY OWNERS AFFECTED,AND TO CONDUCT A PUBLIC INFORMATIONAL MEETING INCOMPLIANCE WITH ARTICLE XIIID OF CALIFORNIA CONSTITUTION;DIRECTED CLERK OF THE BOARD TO PUBLISH NOTICE OFHEARING; DIRECTED CLERK OF THE BOARD TO FILE NOTICE OF EXEMPTION, PURSUANT TO CEQA AND SAID GUIDELINES, WITHCOUNTY CLERK, IF REQUESTED; ADOPTED RESOLUTION 2011-207 OF INTENTION TO EXTEND ZONE OF BENEFIT NOS. 3, 5 AND 7 ANDSET HEARING TO CONSIDER LEVYING ASSESSMENTS ANDESTABLISHING THE FORMULA FOR SETTING AN ASSESSMENT FORFUTURE YEARS IN ZONE OF BENEFIT NOS. 3, 5 AND 7 WITHINCOUNTY SERVICE AREA NO. 71, PARCEL MAP 11675 AND ITSDESIGNATED REMAINDER Watson-McQuiston: All Ayes

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Summary of Proceedings Page 23 Board of Supervisors Regular Meeting – 2:00 P.M. 8/2/2011

S.D. #3

CA-20) Request release of Laborers and Materialmen Security (bond) for Parcel Map 11229, Equilon Enterprises, LLC (Fiscal Impact: None) -APPROVED; RELEASED LABORERS AND MATERIALMEN BOND NO.8216-83-33, ISSUED BY FEDERAL INSURANCE COMPANY, IN THEAMOUNT OF $152,458 Watson-McQuiston: All Ayes

CA-21) Request to set public hearing to consider levying assessments with an

escalation clause for Zone of Benefit Nos. 3, 5 and 7 within County ServiceArea No. 71; and proposed Resolution of intention to extend Zone ofBenefit Nos. 3, 5 and 7 within County Service Area No. 71, Parcel Map Waiver 6-10, located north of Rosedale Highway and east of FruitvaleAvenue, Bakersfield (Fiscal Impact: $2,598; CSAs; Budgeted; Mandated) -APPROVED; MADE FINDING ACTION IS STATUTORILY EXEMPTFROM CEQA PURSUANT TO SECTION 15061(b)(3) AND SECTION 15273 OF STATE CEQA GUIDELINES; SET PUBLIC HEARING FORTUESDAY, OCTOBER 4, 2011, AT 2:00 P.M., TO RECEIVE PUBLICCOMMENT AND TABULATE BALLOTS; DIRECTED ENGINEERING,SURVEYING & PERMIT SERVICES DEPARTMENT TO MAIL NOTICES AND BALLOTS, ALONG WITH ENGINEER’S REPORT, TO PROPERTYOWNERS AFFECTED, AND TO CONDUCT A PUBLIC INFORMATIONALMEETING IN COMPLIANCE WITH ARTICLE XIIID OF THE CALIFORNIACONSTITUTION; DIRECTED CLERK OF THE BOARD TO PUBLISHNOTICE OF HEARING; DIRECTED CLERK OF THE BOARD TO FILE A NOTICE OF EXEMPTION, PURSUANT TO CEQA AND SAIDGUIDELINES, WITH COUNTY CLERK, IF REQUESTED; ADOPTEDRESOLUTION 2011-208 OF INTENTION TO EXTEND ZONE OF BENEFIT NOS. 3, 5 AND 7 AND SET HEARING TO CONSIDERLEVYING ASSESSMENTS AND ESTABLISHING THE FORMULA FOR SETTING AN ASSESSMENT FOR FUTURE YEARS IN ZONE OFBENEFIT NOS. 3, 5 AND 7 WITHIN COUNTY SERVICE AREA NO. 71,PARCEL MAP WAIVER 6-10 Watson-McQuiston: All Ayes

S.D. #4

CA-22) Request release of Laborers and Materialmen Security (bond) for Tract 6214, Phase 2, Hageman Road and Rudd Avenue, Meritage Homes ofCalifornia, Inc. (Fiscal Impact: None) - APPROVED; RELEASED LABORERS AND MATERIALMEN BOND NO. SU5019166, ISSUED BYARCH INSURANCE COMPANY, IN THE AMOUNT OF $1,419,592 Watson-McQuiston: All Ayes

CA-23) Request approval of completed street, drainage, water and sewer

improvements, Tract 6401, east side of Allen Road at Meacham Road,western Rosedale; proposed Resolution for acceptance of roads intoCounty Road System and acceptance of street, drainage and sewer improvements for maintenance (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION 2011-209; REDUCED FAITHFUL PERFORMANCE SECURITY BOND NO. S900879, UNDERWRITTEN BYFINANCIAL PACIFIC INSURANCE COMPANY, IN THE AMOUNT OF $795,044 TO $79,505 FOR GUARANTEE AND MAINTENANCE OFCOMPLETED STREET, DRAINAGE, WATER AND SEWERIMPROVEMENTS AGAINST DEFECTS IN MATERIALS ANDWORKMANSHIP FOR A ONE-YEAR PERIOD ENDING AUGUST 2, 2012 Watson-McQuiston: All Ayes

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Summary of Proceedings Page 24 Board of Supervisors Regular Meeting – 2:00 P.M. 8/2/2011

S.D. #5

CA-24) Contract No. 11028 Plans, Specifications, and Notice To Contractors forLamont 2010 Flood Repairs of Drainage Basins E453 and E564 (FiscalImpact: $44,000; FEMA/CalEMA Grant Funds; Budgeted; Discretionary) -MADE FINDING PROJECT IS CATEGORICALLY EXEMPT FROM CEQA, PER SECTION 15301(d); AUTHORIZED ENGINEERING, SURVEYING &PERMIT SERVICES DEPARTMENT TO FILE NOTICE OF EXEMPTION;APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZEDROADS DEPARTMENT TO PUBLISH NOTICE TO CONTRACTORS IN ANEWSPAPER OF GENERAL CIRCULATION, PURSUANT TO SECTION 20392 OF PUBLIC CONTRACT CODE; BID OPENING TO BEWEDNESDAY, SEPTEMBER 7, 2011, AT 11:00 A.M. Watson-McQuiston: All Ayes

DEVELOPMENT SERVICES AGENCY

Roads Department

S.D. #1

CA-25) Proposed Amendment No. 1 to Agreement 654-2010 with City of Bakersfield to reimburse costs associated with the Seventh Standard Roadwidening project, increasing the amount by $160,500, for a new not toexceed amount of $560,500 (Fiscal Impact: $160,500; Seventh StandardRoad Widening Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 595-2011 Watson-McQuiston: All Ayes

CA-26) Easement Deed and Right-of-Way Contract from Jana L. Maki, providing

approximately 13,200 square feet of property for the improvement of DelvaDrive at the Borel Canal, Lake Isabella area (Fiscal Impact: $9,100; RoadFund; Budgeted; Discretionary) - APPROVED; ACCEPTED DEED; DIRECTED CLERK OF THE BOARD TO RECORD; AUTHORIZEDCHAIRMAN TO SIGN AGREEMENT 596-2011; AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO MAKE PAYMENT TO JANA L. MAKI IN AN AMOUNT NOT TO EXCEED $9,100 Watson-McQuiston: All Ayes

S.D. #2

CA-27) Easement Deed and Right-of-Way Contract from Trailer Haven Properties, LLC, providing approximately 350 square feet of property for the improvement of Rosamond Boulevard and United Street (10th StreetWest), Rosamond area (Fiscal Impact: $500; Road Fund; Budgeted;Discretionary) - APPROVED; ACCEPTED DEED; DIRECTED CLERK OFTHE BOARD TO RECORD; AUTHORIZED CHAIRMAN TO SIGNAGREEMENT 597-2011; AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO MAKE PAYMENT TO TRAILER HAVENPROPERTIES, LLC, IN AN AMOUNT NOT TO EXCEED $500 Watson-McQuiston: All Ayes

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Summary of Proceedings Page 25 Board of Supervisors Regular Meeting – 2:00 P.M. 8/2/2011

S.D. #3

CA-28) Contract No. 11021 Plans, Specifications and Notice to Contractors forconstruction on Airport Drive from Skyway Drive to Merle Haggard Drive,and Merle Haggard Drive from Wings Way to Airport Drive, Bakersfield(Fiscal Impact: $298,603; Federal Congestion Mitigation and Air QualityProgram Funds; Budgeted; Discretionary) - MADE FINDING PROJECT IS CATEGORICALLY EXEMPT FROM CEQA, PER SECTION 15301(c);AUTHORIZED ROADS TO FILE NOTICE OF EXEMPTION; APPROVED;AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED ROADS TOPUBLISH NOTICE TO CONTRACTORS IN A NEWSPAPER OFGENERAL CIRCULATION, PURSUANT TO SECTION 20392 OF PUBLIC CONTRACT CODE; BID OPENING TO BE WEDNESDAY, AUGUST 31,2011, AT 11:00 A.M. Watson-McQuiston: All Ayes

S.D. #4

CA-29) Contract No. 10040, Notice of Completion with Granite ConstructionCompany for construction on Lerdo Highway from State Route 33 to Interstate 5 (Fiscal Impact: None) - RECEIVED AND FILED Watson-McQuiston: All Ayes

S.D. #5

CA-30) Contract No. 11010, Notice of Completion with Global InternationalDevelopment, Inc., for construction on Lamont Street Improvements (Fiscal Impact: None) - RECEIVED AND FILED Watson-McQuiston: All Ayes

CA-31) Contract No. 11019 Plans, Specifications and Notice to Contractors for

construction on Panama Lane from Bakersfield city limits to WeedpatchHighway, Bakersfield (Fiscal Impact: $326,000; Federal Congestion Mitigation and Air Quality Program Funds; Budgeted; Discretionary) -MADE FINDING PROJECT IS CATEGORICALLY EXEMPT FROM CEQA,PER SECTION 15301(c); AUTHORIZED ROADS TO FILE NOTICE OFEXEMPTION; APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED ROADS TO PUBLISH NOTICE TO CONTRACTORS IN ANEWSPAPER OF GENERAL CIRCULATION, PURSUANT TO SECTION20392 OF PUBLIC CONTRACT CODE; BID OPENING TO BEWEDNESDAY, AUGUST 31, 2011, AT 11:00 A.M. Watson-McQuiston: All Ayes

S.D. #1 & #3

CA-32) Proposed 45-mile-per-hour speed limit on Snow Road beginning 500 feet west of Fruitvale Avenue, thence easterly to Golden State Highway (FiscalImpact: None) - APPROVED; REFERRED TO COUNTY COUNSEL FORPREPARATION OF ORDINANCE Watson-McQuiston: All Ayes

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Summary of Proceedings Page 26 Board of Supervisors Regular Meeting – 2:00 P.M. 8/2/2011

CA-33) Contract No. 11027 Plans, Specifications and Notice to Contractors forconstruction on Oildale Loop bicycle lanes, Bakersfield (Fiscal Impact: $260,000; State Transportation Development Act Funds; Budgeted;Discretionary) - MADE FINDING PROJECT IS CATEGORICALLY EXEMPT FROM CEQA, PER SECTION 15301(c); AUTHORIZED ROADSTO FILE NOTICE OF EXEMPTION; APPROVED; AUTHORIZEDCHAIRMAN TO SIGN; AUTHORIZED ROADS TO PUBLISH NOTICE TOCONTRACTORS IN A NEWSPAPER OF GENERAL CIRCULATION,PURSUANT TO SECTION 20392 OF PUBLIC CONTRACT CODE; BIDOPENING TO BE WEDNESDAY, AUGUST 31, 2011, AT 11:00 A.M. Watson-McQuiston: All Ayes

All S.D.s

CA-34) Proposed retroactive Agreement with California Department ofTransportation for transit operating assistance grant for the East Kern Bus Route (Fiscal Impact: $300,000; Federal Grant; Budgeted; Discretionary) -APPROVED; AUTHORIZED DIRECTOR OF ROADS TO SIGN Watson-McQuiston: All Ayes

CA-35) Proposed Engineering/Surveying Services Agreement with Quad Knopf for

project surveying on various projects, in an amount not to exceed $100,000(Fiscal Impact: $100,000: Road Fund; Budgeted; Discretionary) -APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT598-2011 Watson-McQuiston: All Ayes

CA-36) Proposed Engineering/Surveying Services Agreement with Cornerstone

Engineering, Inc., for surveying on various projects, in an amount not toexceed $100,000 (Fiscal Impact: $100,000: Road Fund; Budgeted;Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGNAGREEMENT 599-2011 Watson-McQuiston: All Ayes

WASTE MANAGEMENT

S.D. #1 & #2

CA-37) Proposed Amendment No. 1 to Agreement 553-2009 with San Bernardino County for disposal of out-of-county waste, to provide for collection of the Alternate Universal Collection fee associated with continued disposal of waste at the Randsburg Recycling/Transfer Station (Fiscal Impact: $8,402.50 Revenue; Solid Waste Enterprise Fund; Budgeted;Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGNAGREEMENT 600-2011 Watson-McQuiston: All Ayes

COUNTY ADMINISTRATIVE OFFICE

CA-38) Request for relief of accountability of accounts receivable for the GroupHealth Internal Service Fund in the amount of $750,000, Budget Unit 8960(Fiscal Impact: $750,000) - APPROVED Watson-McQuiston: All Ayes

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Summary of Proceedings Page 27 Board of Supervisors Regular Meeting – 2:00 P.M. 8/2/2011

CA-39) Proposed retroactive Amendment No. 2 to Agreement 892-2008 with Managed Health Network (MHN) for Employee Assistance Program andInpatient Mental Health Gatekeeping Services to provide for a retroactiveincrease in administrative fees for the Employee Assistance Program and Mental Health Gatekeeping Services from $1.20 per employee per monthto $1.55 per employee per month, effective February 1, 2010 (FiscalImpact: $43,000; Group Health Internal Service Fund; Not Budgeted;Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGNAGREEMENT 601-2011 Watson-McQuiston: All Ayes

CA-40) Proposed revisions to Administrative Policy and Procedures Manual

Chapter 6 regarding Audit Procedures, and Administrative Bulletin No. 6regarding Shortages, Loss, and Theft of County Property (Fiscal Impact: None) - APPROVED Watson-McQuiston: All Ayes

CA-41) Request to accept donations for Oildale Revitalization Fund 24300 in the

memory of Tom Clark (Fiscal Impact: None) - APPROVED Watson-McQuiston: All Ayes

CA-42) Fiscal Year 2011-2012 Recommended Budget documents for the County

of Kern and special districts governed by the Board of Supervisors (FiscalImpact: None) - RECEIVED AND FILED Watson-McQuiston: All Ayes

COUNTY ADMINISTRATIVE OFFICE

General Services Division

S.D. #1

CA-43) Proposed Ground Lease Agreement with California Department of Fish andGame for use of approximately 14 acres, to continue to operate a fishhatchery for a new initial term of thirty-five (35) years (Fiscal Impact: None) - WITHDRAWN Watson-McQuiston: All Ayes

CA-44) Proposed Amendment No. 2 to Agreement 691-2010 with Cannon

Associates for the Leroy Jackson Park Improvements, in the amount of$4,500 for a new not to exceed amount of $101,500 (8920.17073.07) (Fiscal Impact: $4,500; Community Development Block Grant; Budgeted;Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGNAGREEMENT 602-2011 Watson-McQuiston: All Ayes

S.D. #2

CA-45) Proposed Resolution consenting assignment of Franchise Ordinance F-499 by Tri-Valley Oil and Gas Company to E&B Natural ResourcesManagement Corporation (Fiscal Impact: $1,200 Application Fee; Not Budgeted; Discretionary) - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15061; AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTION AS APPROPRIATE;APPROVED; ADOPTED RESOLUTION 2011-210 Watson-McQuiston: All Ayes

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Summary of Proceedings Page 28 Board of Supervisors Regular Meeting – 2:00 P.M. 8/2/2011

All S.D.s

CA-46) Request to employ retired County employee, Agatha Yuen, as anAccountant III, for a period not to exceed 120 working days or 960 hours, whichever is greater, in the 12-month period following date of employment (Fiscal Impact: $33,000; Budgeted; Discretionary) - APPROVED Watson-McQuiston: All Ayes

CA-47) Request approval of the conceptual plan for displaying the national motto in

the Board of Supervisors Chambers (Fiscal Impact: None) - APPROVED; DIRECTED GENERAL SERVICES TO COORDINATE Watson-McQuiston: All Ayes

CA-48) Report regarding the County’s participation in PG&E’s Peak Day Pricing

Program (Fiscal Impact: None) - RECEIVED AND FILED Watson-McQuiston: All Ayes

MATTERS FOR EXECUTIVE APPROVAL

CA-49) Minutes for week of June 6, 2011 - APPROVED WITH CORRECTION TO TUESDAY, JUNE 7, 2011, ITEM NO. 38 P.M. CORRECTING"APPROVED NOS. 209 THROUGH 217 AND 219" to APPROVED NOS. 209 THROUGH 214, 216, 217 AND 219 Watson-McQuiston: All Ayes

CA-50) Miscellaneous Letters and Documents - FILED

Watson-McQuiston: All Ayes

CA-51) Letters Received and Referred by Clerk of the Board - APPROVED AND FILED Watson-McQuiston: All Ayes

CA-52) Claims and Lawsuits Filed with and Referred by Clerk of the Board -

APPROVED AND FILED Watson-McQuiston: All Ayes

ADJOURNED TO CLOSED SESSION McQuiston

CLOSED SESSION

(If public reporting is required by Government Code Section 54957.1 relating to the following matter(s), the public reporting of any action taken in closed session will be made at the beginning of the next session of the Board of Supervisors.)

COUNTY COUNSEL

53) Request for Closed Session regarding a lawsuit entitled Gary Madsen v. County of Kern (WCAB Case No. ADJ Unassigned) (Government Code Section 54956.9(a)) (from 8/2/2011, 9:00 A.M., Item No. 83) -

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Summary of Proceedings Page 29 Board of Supervisors Regular Meeting – 2:00 P.M. 8/2/2011

54) Request for Closed Session regarding a lawsuit entitled Ruben Padilla v.County of Kern (WCAB Case No. ADJ7247066 and ADJ 7247048)(Government Code Section 54956.9(a)) (from 8/2/2011, 9:00 A.M., Item No. 84) -

RECONVENED FROM CLOSED SESSION; ADJOURNED TO MONDAY,AUGUST 8, 2011, AT 2:00 P.M., AT KERN MEDICAL CENTER McQuiston-Watson

/s/ Kathleen Krause Clerk of the Board /s/ Mike Maggard Chairman, Board of Supervisors

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Summary of Proceedings Page 30 Board of Supervisors Regular Meeting – 2:00 P.M. 8/2/2011

50) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED Animal Control Division

A) Monthly Report for June 2011

Assessor

B) Letter re fair market value and cancellation fee concerning property of

Wiley Hughes Surveying, for cancellation of Land Use Contract #11-1 (APN portion of 052-050-31

Auditor-Controller-County Clerk

C) Recovery of LAFCO’s operating costs for Fiscal Year 2011-2012

D) Report on audit activity by the Auditor-Controller-County Clerk for the six months ended June 30, 2011

E) Fraud and Ethics Activity Report for the six months ended June 30, 2011

Clerk of the Board

F) Received, certified and transmitted to Recorder for recordation as follows: 1) Parcel Map No. 11995 S.D. #1 2) Parcel Map No. 11977 S.D. #2 3) Parcel Map No. 11760 S.D. #1 4) Parcel Map No. 11971 S.D. #4

G) Letter notifying Audrey Chavez of her dismissal from the AIDS AdvisoryBoard and thanking her for her years of service (Copies to each Supervisorand CAO)

H) Monthly Referral Report for June and July, 2011

County Administrative Office

I) Recorded Declaration of Restrictive Covenant and Environmental Restriction from the City of Vernon (Document No. 0211085022)

Employers’ Training Resource

J) Workforce Investment Act On-the-Job Training Agreements: 1) Apnecare, Inc., WIA Title 940, dated March 17, 2011 2) Pure Energy Systems, Inc., WIA Title 775 NEG, dated April 25, 2011 3) Barbara Natalia dba: Barbara Natalia Insurance Agency, Inc., WIA Title 775NEG, dated June 2, 2011 4) Sierra International Machinery, LLC, WIA Title 775NEG, dated June 6, 2011 5) Esmeralda L. Bizcarra dba: Mi Casita Taxes and Services, WIA Title 775NEG, dated June 7, 2011 6) Angela Williams Insurance Agency, WIA Title 775NEG, dated June 8, 2011 7) Cole’s Environmental dba: Cole’s Services, Inc., WIA Title 775NEG, dated June 20, 2011 8) Special Treatment, Education & Prevention Services, Inc. dba Steps, Inc., WIA Title 775NEG, June 28, 2011 9) Independent Fire and Safety, Inc., WIA Title 775NEG, dated June 30, 2011

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Summary of Proceedings Page 31 Board of Supervisors Regular Meeting – 2:00 P.M. 8/2/2011

K) Agreement M182172 with the State of California Workforce Investment

Board for the reimbursement of contractor staff time

L) Modification 14 to Agreement KO74142 with State of CaliforniaEmployment Development Department to add exhibits into originalsubgrant agreement for the National Emergency Grant On-the-Job Training Project for Program Year 2009-10

Grand Jury

M) 2010-2011 Grand Jury Final Report re Kern County Sheriff’s Department -Headquarters (Copies to each Supervisor, CAO and Sheriff)

Local Agency Formation Commission

N) Notice of Protest Hearing, Proceeding No. 1622 in the matter of City ofBakersfield, Annexation No. 620 (Verdugo No. 2) (Copy to DevelopmentServices Agency)

O) Resolution No. 11-20, Minute Book 58, Proceeding No. 1621 in the matter of City of McFarland, Annexation No. 13 (Copy to Development Services Agency)

Roads

P) Recorded Quitclaim Deed from Goldberg Properties, Inc., donated forconstruction of road improvements on various streets south of PioneerDrive and West of Fairfax Road (Document No.0211080842)

Q) Recorded Quitclaim Deed from John F. Gillies donated for construction ofroad improvements on various streets south of Pioneer Drive and West ofFairfax Road (Document No. 0211080843)

Sheriff

R) Response to 2010-2011 Grand Jury Final Report concerning the Kern County Sheriff’s Office Frazier Park Substation (Copy to CAO)

Treasurer-Tax Collector

S) Cash Receipts and Disbursements for June 30, 2011

Miscellaneous

T) Letter from Charles Cover, Federal Regulatory Commission, re Order Amending License concerning the California Aqueduct Pump StorageProject name change to South SWP Hydropower (Copies to eachSupervisor, CAO, Development Services Agency and County Counsel)

U) Notice from William G. Vasquez, U.S. Department of Housing and Urban Development, re Authority to Use Grant Funds concerning EucalyptusVillage Activity, GEAHI Rental Housing Activity and Program Planning andAdministration Activity (Copies to CAO, Planning and CommunityDevelopment and Auditor)

V) Letter from John Lowrie, California Department of Conservation reCantelmi-Burmudez Conditional Use Permit Application CUP 2, Map 10-23, Kern County (Copy to Planning and Community Development)

W) Letter from Susan Cash, Chairperson, Board of Supervisors, County of Inyo, re AB 109, Public Safety Realignment (Copies to each Supervisor,CAO, Probation and County Counsel)

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Summary of Proceedings Page 32 Board of Supervisors Regular Meeting – 2:00 P.M. 8/2/2011

X) Letter from Mark Stone, Chairperson, Board of Supervisors, County of

Santa Cruz, re AB 109, Public Safety Realignment (Copies to each Supervisor, CAO, Probation, Sheriff and Department of Human Services)

Y) Letter from Steven McNall, Pasadena Human Society & SPCA, inopposition to solar panel installation in the desert (Copies to eachSupervisor, CAO, Planning and Community Development and County Counsel)

Z) Letter from Georgette Theotig, Kern-Kaweah Chapter, Sierra Club, in opposition to proposed resolution to oppose the transfer of management ofGiant Sequoia National Monument from the U.S. Forest Service to the ParkService (Copies to each Supervisor and CAO)

AA) Letter from Jesse Lauderdale, re removal of dead cats and dogs on cityand country streets and highways (Copies to each Supervisor, CAO,Animal Control and County Counsel)

BB) Letter from Gerald Gaskin, American Ag Inc., in support of Sun-Gro Commodities (Copies to each Supervisor, CAO, Planning and CommunityDevelopment, General Services and County Counsel)

CC) Letter from Andy Scovell re Sun-Gro Commodities hearing on August 9, 2011 (Copies to each Supervisor, CAO, Planning and Community Development, General Services and County Counsel)

DD) Letter from Olivia Gandy re Child Protective Services (Copies to eachSupervisor, CAO, Department of Human Services and County Counsel)

EE) Letter from William Taylor re off-road open space areas and response by Ted James, Director, Development Services Agency (Copies to eachSupervisor, CAO, Development Services Agency and County Counsel)

FF) Letter from Commander T.S. Roberts, California Highway Patrol, reHazardous Materials Incident Report on June 24, 2011, I-5 southbound on-ramp from SR 46 (Copies to Environmental Health Services and Fire-HazMat)

GG) Letter from Captain W.B. Nation, California Highway Patrol, re HazardousMaterials Incident Report on June 27, 2011, southbound SR 99 to Castajo Road off-ramp (Copies to Environmental Health Services and Fire-HazMat)

HH) E-mail from Veronica Petrovsky, U.S. Army Corps of Engineers, re IsabellaLake Dam Situation Report, July 22, 2011 (Copies to each Supervisor, CAO, Developments Services Agency, Engineering, Surveying and PermitServices, Fire, Office of Emergency Services, Public Health, EmergencyMedical Services and County Counsel)

II) E-mail from Dave Cole re Sewage Sludge problem (Copies to each Supervisor, CAO and County Counsel)

JJ) E-mail from Virginia Mandolini re Lake Buena Vista (Copies to eachSupervisor, CAO and Parks)

KK) E-mail from Chuck White, Giant Sequoia National Monument Association,in opposition to the transfer of jurisdiction of Giant Sequoia National Monument from the U.S. Forest Service to the National Park Service(Copies to each Supervisor, CAO and County Counsel)

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Summary of Proceedings Page 33 Board of Supervisors Regular Meeting – 2:00 P.M. 8/2/2011

LL) E-mail from Scott Proctor commending the work of the Code ComplianceDivision (Copies to each Supervisor, CAO and Engineering, Surveying and Permit Services)

MM) Two (2) e-mails in support of preserving property rights and vacationrentals in Alta Sierra (Copies to each Supervisor, CAO, Planning andCommunity Development and County Counsel)

NN) Six (6) e-mails re redistricting proposals (Copies to each Supervisor, CAOand County Counsel)

OO) Notice from State Department of Alcoholic Beverage Control re applicationfor alcoholic beverage license from: El Palenque Mexican Grill, 2945 Niles Street, Bakersfield (Copies to Planning and Community Development andEnvironmental Health Services)

PP) Notice from Caltrans re commuter alert concerning State Route 178 in andnear Kern River Canyon intermittently through mid-August (Copies to each Supervisor and CAO)

QQ) Notice of Filing of Energy Efficiency Incentive Earnings, Southern CaliforniaGas Company, Application No. A.11-06-032 (Copy to General Services)

RR) The Firing Line, July 2011, Issue #979

SS) Agenda for Central Valley Regional Water Quality Control Board meetings for Hearing Panels for Dairy Enforcement Orders on July 14 and 20, 2011(Copy to Development Services Agency)

TT) Agenda for Central Valley Regional Water Quality Control Board meetingson August 4 and 5, 2011 (Copy to Development Services Agency)

UU) Agenda for Animal Control Commission meeting on July 20, 2011

VV) Agenda for Early Childhood Council of Kern meeting on August 3, 2011

WW) Agenda for Kern Health Systems meeting on July 14, 2011

XX) Agenda for Kern County Parks and Recreation Commission meeting onJuly 28, 2011

YY) Minutes for Commission on Aging Executive Committee meeting on June2, 2011

ZZ) Minutes for Regular Commission on Aging meeting on June 20, 2011

AAA) Minutes for Kern Health Systems meeting on June 9, 2011

BBB) Summary of Proceedings for Animal Control Commission meeting on June15, 2011

51) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD -APPROVED AND FILED

A) E-mail from Renee Schmitt re problems at the Kern Animal Shelter -

REFERRED TO PUBLIC HEALTH-ANIMAL CONTROL (Copies to each Supervisor, CAO and County Counsel)

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Summary of Proceedings Page 34 Board of Supervisors Regular Meeting – 2:00 P.M. 8/2/2011

52) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY CLERK OF

THE BOARD - APPROVED AND FILED

A) Claim in the matter of Renee J. Aguilar vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

B) Claim in the matter of Karina Aguirre vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

C) Claim in the matter of Gregory Scott Benadom vs. County of Kern -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

D) Claim in the matter of Rodney Bohannon vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

E) Claim in the matter of Stan Chaney vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

F) Claim in the matter of Robert Chavez vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

G) Claim in the matter of Dylan Chiarella vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

H) Claim in the matter of Joseph B. Davis vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

I) Claim in the matter of Daniel Doser vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

J) Claim in the matter of Mike Fostyk vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

K) Claim in the matter of Ramona Yvonne Geniesse vs. County of Kern -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

L) Claim in the matter of Nev LaBorde vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

M) Claim in the matter of Jon Madore vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

N) Claim in the matter of Michael J. Smith vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

O) Claim in the matter of Rachelle Stacy vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

P) Claim in the matter of Brent Wiles vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

Q) Plaintiff’s Notice of Motion to Set a Hearing Date in the matter of Lonnie Jimenez vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

R) Summons and Amended Complaint in the matter of Jesus Guadalupe Perez vs. County of Kern et al. - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

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Summary of Proceedings Page 35 Board of Supervisors Regular Meeting – 2:00 P.M. 8/2/2011