SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, January 28, :00 P.M. 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 Perez and Maggard); Community Action Partnership of Kern (Supervisor Maggard); Kern County Network for Children (Supervisor Gleason); Kern Economic Development Corporation (Supervisors Maggard, Scrivner, and Perez); Southern California Water Committee (Supervisors Couch and Maggard); and Tobacco Funding Corporation, Kern County (Supervisors Maggard and Perez). BOARD RECONVENED Supervisors: Gleason, Scrivner, Maggard, Couch, Perez ROLL CALL: All Present NOTE: The vote is displayed in bold below each item. For example, Gleason- Perez denotes Supervisor Gleason made the motion and Supervisor Perez 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, JANUARY 28, 2014, AT 9:00 A.M. - Item No. 51 concerning PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: County Administrative Officer (Government Code Section 54957) - HEARD; NO REPORTABLE ACTION Item No. 52 concerning a CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section (d)(1)) Mills v. County of Kern, Kern County Superior Court No. S-1500-CV HEARD; NO REPORTABLE ACTION Item No. 53 concerning a CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section (d)(1)) Brianna Heim v. County of Kern, Kern County Superior Court Case No. S-1500-CV HEARD; NO REPORTABLE ACTION Item No. 54 concerning a CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section (d)(1)) City of Bakersfield v. County of Kern, et al., Fresno County Superior Court Case No. 13-CECG (formerly Kern County Superior Court Case No. S-1500-CV DRL) - HEARD; NO REPORTABLE ACTION

2 Summary of Proceedings Page 12 Item No. 55 concerning a CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section (d)(1)) City of Bakersfield v. Kern County, Kings County Superior Court Case No. 13-C0180 (formerly Kern County Superior Court Case No. S-1500-CV LHB) - HEARD; NO REPORTABLE ACTION Item No. 56 concerning a CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section (d)(1)) Chavez v. County of Kern, USDC(E) 1:12-CV JLT - HEARD; NO REPORTABLE ACTION Item No. 57 concerning a CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section (d)(1)) Old River Neighborhood, etc., et al. v. County of Kern, et al., Kern County Superior Court Case No. S-15-CV KCT THE BOARD CONFERRED WITH COUNSEL AND STAFF REGARDING A LAWSUIT BROUGHT BY THE OLD RIVER NEIGHBORHOOD DEFENSE COMMITTEE AND HARRY A. HARDY AGAINST THE COUNTY OF KERN AND RE OLD RIVER ONE LLC AND RECURRENT ENERGY LLC FOR ALLEGED VIOLATIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RELATING TO THE COUNTY OF KERN S APPROVAL OF A 20 MEGAWATT SOLAR ELECTRICAL GENERATING FACILITY LOCATED ON THE SOUTH SIDE OF SHAFTER ROAD BETWEEN GOSFORD ROAD AND ASHE ROAD IN THE BAKERSFIELD AREA. BY A UNANIMOUS VOTE, THE BOARD APPROVED A SETTLEMENT AGREEMENT IN WHICH THE OLD RIVER NEIGHBORHOOD DEFENSE COMMITTEE AND HARRY A. HARDY AGREED TO DISMISS WITH PREJUDICE THEIR LAWSUIT AND RELEASE THE COUNTY FROM ANY LIABILITY. MOST OF THE TERMS OF THE SETTLEMENT AGREEMENT RELATE TO THE OBLIGATIONS OF PETITIONERS AND RECURRENT AND DO NOT INVOLVE THE COUNTY. THROUGH THE SETTLEMENT AGREEMENT, RECURRENT IS AGREEING TO MAKE SOME MINOR CHANGES IN THE PROJECT INCLUDING REVISING THE LANDSCAPE SCREENING RELATING TO THE PROJECT AND ALSO TO PAY THE PETITIONERS ATTORNEY S FEES UP TO A MAXIMUM OF $15,000. THE SETTLEMENT AGREEMENT DOES NOT REQUIRE THE COUNTY OF KERN TO PAY ANY AMOUNTS Item No. 58 concerning a CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section (d)(4)) Number of cases: (1) Based on existing facts and circumstances, the Board of Supervisors has decided to initiate or is deciding whether to initiate litigation - HEARD; NO REPORTABLE ACTION PUBLIC PRESENTATIONS 1) This portion of the meeting is reserved for persons to address the Board on any matter not on this agenda but under the jurisdiction of the Board. Board members may respond briefly to statements made or questions posed. They may ask a question for clarification, make a referral to staff for factual information or request staff to report back to the Board at a later meeting. Also, the Board may take action to direct the staff to place a matter of business on a future agenda. SPEAKERS ARE LIMITED TO TWO MINUTES. PLEASE STATE AND SPELL YOUR NAME BEFORE MAKING YOUR PRESENTATION. THANK YOU! DAVID FLUHART HEARD CONCERNING CURRENT EVENTS

3 Summary of Proceedings Page 13 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 [a]) SUPERVISOR COUCH REQUESTED THAT CONSIDERATION OF ITEM NO. 3 BE TRAILED TO THE END OF THE AGENDA NOTE: Item No. 3 was heard following Item No. 47 COUNTY ADMINISTRATIVE OFFICE 3) Discussion on continuation of employee health plan offerings and potential Request for Proposals for low-cost health plan options (Fiscal Impact: None) - CONTINUED TO TUESDAY, FEBRUARY 4, 2014, AT 2:00 P.M. Couch-Scrivner: All Ayes CONTINUED HEARING DEVELOPMENT SERVICES AGENCY Planning and Community Development Department 4) Request from Buckaroo Residents Group by Martin Urner (original applicant - Islamic Center of Bakersfield by Frank Tripichio) to appeal the decision of the Planning Commission allowing a church and a school and allowing construction of a 49-foot, 5-inch-tall church dome and a 52-foot, 4-inch-tall decorative church steeple on 9.6 acres located on the northeast corner of Stockdale Highway and Driver Road, Bakersfield (S.D. #4) Specific Request: An appeal to the decision of the Planning Commission approving (a) Conditional Use Permit 127, Map 101 (Resolution ; approved November 14, 2013) to allow a church with a faith-based community center (Section J) and a school (kindergarten through eighth) (Section K.1) in an E (2-1/2) RS District; and (b) Zone Variance 70, Map 101 (Resolution ; approved November 14, 2013) to allow the construction of a 49-foot, 5-inch-tall church dome and a 52-foot, 4-inch-tall decorative church steeple, where the maximum permitted building height is 35 feet (Section ), in an E (2-1/2) RS District (Appeal #18, Map #101) (Environmental Review: Special Situation, Section 15183; Published Bakersfield Californian) (from 12/17/2013) - OPENED HEARING; KRISTIN HAGAN, LEGAL COUNSEL REPRESENTING THE APPELLANT; FATIMA DADABHOY, LEGAL COUNSEL REPRESENTING THE APPLICANT; LOIS WATSON; AND NORMA WEBBER, HEARD; CLOSED HEARING; CONTINUED TO TUESDAY, MARCH 11, 2014, AT 2:00 P.M. Couch-Gleason: All Ayes

4 Summary of Proceedings Page 14 HEARINGS DEVELOPMENT SERVICES AGENCY Planning and Community Development Department CA-5) Request from Tejon Industrial Corporation by McIntosh and Associates for a street name change from Santa Lucia Drive to Bob Stine Drive as it exists between Del Oro Drive to its terminus at Parcel 1 of Parcel Map D in the Tejon Ranch area (S.D. #2) Specific Request: Street name change from Santa Lucia Drive to Bob Stine Drive as it exists between Del Oro Drive to its terminus at Parcel 1 of Parcel Map D in the Tejon Ranch area ( Streets and Highways) (Environmental Review: General Rule, Section 15061(b)(3); Published Bakersfield Californian) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING AND COMMUNITY DEVELOPMENT RECOMMENDATION, ADOPTED RESOLUTION AND RECOMMENDED FINDINGS APPROVING STREET NAME CHANGE TO BOB STINE DRIVE, FOR ALL OF SANTA LUCIA DRIVE, BEGINNING AT DEL ORO DRIVE, THEN WEST TO ITS TERMINUS AT PARCEL 1 OF PARCEL MAP D, NOT TO BECOME EFFECTIVE UNTIL PAYMENT TO THE KERN COUNTY ROADS DEPARTMENT, OF THE COST OF ANY REQUIRED SIGNAGE CHANGES 6) Request from Pioneer Green Solar Project by Pioneer Green Solar II, LLC to cancel Williamson Act Contracts on various parcels and portions of parcels; (a) and (b) located at McCombs Road, 1/4-mile east of Corcoran Road, and one mile north of Highway 46, four miles east of Lost Hills; and (c) and (d) located one mile south of Seventh Standard Road, two miles east of State Route 33, seven miles west of Buttonwillow (S.D. #4) Specific Request: (a) Cancellation of a 160-acre portion of a 320-acre parcel of a Land Use Contract and approval of a Contract Amending Land Use Contract on 160 acres; (Cancellation #12-7) (b) Cancellation of an 80-acre parcel of a Land Use Contract and approval of a Contract Amending Land Use Contract on remaining 80 acres; (Cancellation #12-8) (c) Cancellation of a 160-acre parcel of a Land Use Contract and approval of a Contract Amending Land Use Contract on 1, acres; (d) (Cancellation #12-9) Cancellation of a 320-acre parcel of a Land Use Contract (Cancellation #12-10) (Previously Certified Environmental Impact Report; Published Shafter Press and Wasco Tribune) - OPENED HEARING; DOUGLAS CHERMAK, LEGAL COUNSEL REPRESENTING LABORERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL UNION 220, AND DENNIS FOX, HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED SECTION FINDINGS AND SECTION STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPTED MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTIONS , , AND AND RECOMMENDED FINDINGS APPROVING CANCELLATIONS SUBJECT TO PAYMENT OF PENALTY FEE; DIRECTED CLERK OF THE BOARD TO ISSUE A TENTATIVE CERTIFICATE OF CANCELLATION AND ISSUE A CERTIFICATE OF CANCELLATION SUBJECT TO PAYMENT OF PENALTY FEE AND SUBJECT TO WRITTEN VERIFICATION FROM KERN COUNTY PLANNING AND COMMUNITY (Continued on Page 15)

5 Summary of Proceedings Page 15 (Continued from Page 14) DEVELOPMENT DEPARTMENT THAT CONFIRMS APPLICANTS ARE IN COMPLIANCE WITH ALL OTHER CONDITIONS CONTAINED IN TENTATIVE CERTIFICATE OF CANCELLATION Couch-Scrivner: All Ayes DEPARTMENTAL REQUESTS DEVELOPMENT SERVICES AGENCY Planning and Community Development Department S.D. #2 CA-7) Proposed Amendment No. 2 to Consulting Agreement with Leidos Incorporated (formerly Science Applications International Corporation (SAIC)) for Rising Tree Wind Energy Project and Addison Wind Energy Project for increased scope of work and additional costs of $31,887 for a new not to exceed amount of $433,993 (Fiscal Impact: $31,887; Applicant Processing Fees; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT S.D. #4 CA-8) Request of Midcal Management Co., by Bruce Anderson for an exception to the requirement for connection to public sewer for Precise Development Plan 25, Map 100, located at Rosedale Highway, Bakersfield (Fiscal Impact: None) - APPROVED EXCEPTION TO WESTERN ROSEDALE SPECIFIC PLAN SEWER SERVICE POLICIES S.D. #5 CA-9) Request for Determination of Public Convenience for the Issuance of an Off- Sale Beer and Wine License at 301 Taft Highway, Suite B, Greenfield; Environmental Review: General Rule, Pursuant to Section 15061(b)(3), of State CEQA Guidelines (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION AND RECOMMENDED FINDINGS All S.D.s CA-10) Proposed Amendment No. 1 to Consulting Agreement with Ecology and Environment, Inc., for Amendment of Kern County Zoning Ordinance Chapter 19.98, Oil and Gas Production, for Local Permitting for increased scope of work and additional costs of $32,700 for a new not to exceed amount of $993,249 (Fiscal Impact: $32,700; Applicant Processing Fees; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

6 Summary of Proceedings Page 16 DEVELOPMENT SERVICES AGENCY Engineering, Surveying and Permit Services Department Hearings S.D. #1 CA-11) Hearing to make determination of public nuisance and order abatement involving demolition of fire damaged dwelling, removal of inoperable and abandoned vehicles, and clean-up of property located at 2308 Otto Lane, Bakersfield, APN (Fiscal Impact: $30,000; General Fund; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PER SECTIONS 15061(b)(2), 15061(b)(3) AND OF STATE CEQA GUIDELINES; ADOPTED RESOLUTION DECLARING DWELLING, EXCESSIVE WEEDS, AND INOPERABLE VEHICLES ON SUBJECT PROPERTY A PUBLIC NUISANCE; DIRECTED ENGINEERING, SURVEYING AND PERMIT SERVICES DEPARTMENT TO POST AND MAIL NOTICE OF DETERMINATION PURSUANT TO ORDINANCE CODE CHAPTER 8.44; IF NUISANCES ARE NOT ABATED WITHIN 30 DAYS AFTER POSTING AND MAILING OF NOTICE OF DETERMINATION, AUTHORIZED ENGINEERING, SURVEYING AND PERMIT SERVICES DEPARTMENT TO USE ABATEMENT FUNDS TO AWARD BIDS FOR DEMOLITION OF DWELLING, REMOVAL OF VEHICLES AND WEEDS, AND CLEAN-UP OF PROPERTY, AND TO PERFORM NECESSARY INSPECTIONS IN PERFORMANCE OF DEMOLITION CONTRACT S.D. #2 CA-12) Request for protest hearing on proposed confirmation of administrative penalties and costs incurred for nuisance abatement work located at Chaparral Avenue, Boron, APN (Fiscal Impact: $14,966.40; General Fund; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PER SECTIONS 15061(b)(1), 15061(b)(2), 15061(b)(3), AND OF STATE CEQA GUIDELINES; RECEIVED AND FILED REPORT; ADOPTED RESOLUTION CONFIRMING ADMINISTRATIVE PENALTIES AND COSTS INCURRED BY COUNTY FOR WORK PERFORMED TO ABATE PUBLIC NUISANCE ON SUBJECT PROPERTY; ORDERED THAT ANY COSTS, IF NOT PAID WITHIN 10 DAYS, BE A LIEN AGAINST SUBJECT PROPERTY AND CONSTITUTE A SPECIAL ASSESSMENT TO BE PLACED ON TAX ROLL BY AUDITOR AND TO BE COLLECTED IN SAME MANNER AND SUBJECT TO SAME PENALTIES AS ORDINARY COUNTY TAXES ON REAL PROPERTY FROM WHICH NUISANCE WAS ABATED; DIRECTED ENGINEERING, SURVEYING AND PERMIT SERVICES DEPARTMENT TO MAIL NOTICE OF BOARD ACTION TO SUBJECT PROPERTY OWNER

7 Summary of Proceedings Page 17 S.D. #4 CA-13) Request for protest hearing on proposed confirmation of costs incurred for nuisance abatement work located at 424 Adams Street, Taft, APN (Fiscal Impact: $13,028; General Fund; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PER SECTIONS 15061(b)(1), 15061(b)(2), 15061(b)(3), AND OF STATE CEQA GUIDELINES; RECEIVED AND FILED REPORT; ADOPTED RESOLUTION CONFIRMING COSTS INCURRED BY COUNTY FOR WORK PERFORMED TO ABATE PUBLIC NUISANCE ON SUBJECT PROPERTY; ORDERED THAT ANY COSTS, IF NOT PAID WITHIN 10 DAYS, BE A LIEN AGAINST SUBJECT PROPERTY AND CONSTITUTE A SPECIAL ASSESSMENT TO BE PLACED ON TAX ROLL BY AUDITOR AND TO BE COLLECTED IN SAME MANNER AND SUBJECT TO SAME PENALTIES AS ORDINARY COUNTY TAXES ON REAL PROPERTY FROM WHICH NUISANCE WAS ABATED; DIRECTED ENGINEERING, SURVEYING AND PERMIT SERVICES DEPARTMENT TO MAIL NOTICE OF BOARD ACTION TO SUBJECT PROPERTY OWNER CA-14) Request for protest hearing on proposed confirmation of costs incurred for nuisance abatement work located at 114 Madison Street, Taft, APN (Fiscal Impact: $9,358.80; General Fund; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PER SECTIONS 15061(b)(1), 15061(b)(2), 15061(b)(3), AND OF STATE CEQA GUIDELINES; RECEIVED AND FILED REPORT; ADOPTED RESOLUTION CONFIRMING COSTS INCURRED BY COUNTY FOR WORK PERFORMED TO ABATE PUBLIC NUISANCE ON SUBJECT PROPERTY; ORDERED THAT ANY COSTS, IF NOT PAID WITHIN 10 DAYS, BE A LIEN AGAINST SUBJECT PROPERTY AND CONSTITUTE A SPECIAL ASSESSMENT TO BE PLACED ON TAX ROLL BY AUDITOR AND TO BE COLLECTED IN SAME MANNER AND SUBJECT TO SAME PENALTIES AS ORDINARY COUNTY TAXES ON REAL PROPERTY FROM WHICH NUISANCE WAS ABATED; DIRECTED ENGINEERING, SURVEYING AND PERMIT SERVICES DEPARTMENT TO MAIL NOTICE OF BOARD ACTION TO SUBJECT PROPERTY OWNER CA-15) Request for a protest hearing on proposed confirmation of costs incurred for nuisance abatement work located at 325 Wood Street, Taft, APN (Fiscal Impact: $1,603.60; General Fund; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PER SECTIONS 15061(b)(1), 15061(b)(2), 15061(b)(3), AND OF STATE CEQA GUIDELINES; RECEIVED AND FILED REPORT; ADOPTED RESOLUTION CONFIRMING COSTS INCURRED BY COUNTY FOR WORK PERFORMED TO ABATE PUBLIC NUISANCE ON SUBJECT PROPERTY; ORDERED THAT ANY COSTS, IF NOT PAID WITHIN 10 DAYS, BE A LIEN AGAINST SUBJECT PROPERTY AND CONSTITUTE A SPECIAL ASSESSMENT TO BE PLACED ON TAX ROLL BY AUDITOR AND TO BE COLLECTED IN SAME MANNER AND SUBJECT TO SAME PENALTIES AS ORDINARY COUNTY TAXES ON REAL PROPERTY FROM WHICH NUISANCE WAS ABATED; DIRECTED ENGINEERING, SURVEYING AND PERMIT SERVICES DEPARTMENT TO MAIL NOTICE OF BOARD ACTION TO SUBJECT PROPERTY OWNER

8 Summary of Proceedings Page 18 S.D. #1 CA-16) Request for cancellation of designation - Infrastructure Replacement and approval to increase appropriations for County Service Area (CSA) No. 14 Fund 40600, budget unit 9151, in the amount of $40,000 for reimbursement of Roads Department labor charges through fiscal year-end (Fiscal Impact: $40,000; CSA No. 14 Fund; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS S.D. #2 CA-17) Proposed Resolution of Acceptance of portions of offers of dedication of road easements along Holt Street, lying within Parcel Map 853, Parcel Map 854 and Parcel Map 7450, RE Columbia, LLC (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION ; DIRECTED CLERK OF THE BOARD TO RECORD S.D. #4 CA-18) Request to extend and amend Subdivision Improvement Agreement with Inland Valley, LLC, Tract 6252, Phase A, extending time to complete permanent survey monuments to February 2, 2015 (Fiscal Impact: None) - APPROVED AND GRANTED REQUESTED EXTENSION OF TIME TO FEBRUARY 2, 2015; AUTHORIZED CHAIRMAN TO SIGN All S.D.s 19) Report on Board of Supervisors referral regarding updating Code Compliance brochure (Fiscal Impact: None) - JEANNETTE GARY AND SUZANNE LANGE, CITIZENS FOR A NEW OILDALE, HEARD; RECEIVED AND FILED REPORT Maggard-Gleason: All Ayes CA-20) Waste Discharge Requirements, Order No. R , NPDES Permit No. CA , City of Bakersfield and County of Kern, storm water discharges from Municipal Separate Storm Sewer System (MS4) (Fiscal Impact: None) - RECEIVED AND FILED DEVELOPMENT SERVICES AGENCY Roads Department S.D. #1 CA-21) Contract No , Notice of Completion with Bowman Asphalt, Inc. for construction on Kernville Road from Kern River Drive to Sierra Way and Kernville Walkable Community Project, Kernville (Fiscal Impact: None) - RECEIVED AND FILED S.D. #2 CA-22) Contract No , Notice of Completion with Granite Construction Company for construction on 55th Street West from Rosamond Boulevard to Ashe Street and Astoria Avenue from 60th Street West to 700 feet east of 55th Street West, Rosamond (Fiscal Impact: None) - RECEIVED AND FILED

9 Summary of Proceedings Page 19 CA-23) S.D. #3 Contract No , Notice of Completion with Griffith Company for construction on Norris Road at Coffee Road, Bakersfield (Fiscal Impact: None) - RECEIVED AND FILED CA-24) Contract No , Notice of Completion with Security Paving Company, Inc., for construction on State Route 204/99 Separation to Olive Drive, Bakersfield (Fiscal Impact: None) - RECEIVED AND FILED S.D. #4 CA-25) CA-26) Contract No , Notice of Completion with Griffith Company for construction on Elk Hills Road from State Route 119 to Skyline Road, Taft (Fiscal Impact: None) - RECEIVED AND FILED Proposed Cooperative Agreement with State of California Department of Transportation for construction of a pedestrian path along State Route 46 in Lost Hills (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT S.D. #5 CA-27) Contract No , Notice of Completion with D.O.D. Construction for Bernard Area Street Improvements, Bakersfield (Fiscal Impact: None) - RECEIVED AND FILED S.D.s #1 & #3 CA-28) Contract No , Notice of Completion with Granite Construction Company for construction on Knudsen Drive from Olive Drive to Golden State Highway and Norris Road from Calloway Drive to Knudsen Drive, Bakersfield (Fiscal Impact: None) - RECEIVED AND FILED WASTE MANAGEMENT S.D. #4 CA-29) Request for cancellation of designations from Taft Gravel Pit Reclamation Designated Reserve Account Fund and increase retained earnings in the amount of $95,000 (Fiscal Impact: None) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS All S.D.s CA-30) Proposed Resolution authorizing submittal of Kern County/Lancaster Recycling Market Development Zone Program Renewal application (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION

10 Summary of Proceedings Page 20 CA-31) Proposed Agreement with ICF Jones and Stokes, Inc., to provide professional services for preparation of Amendment No. 1 to the Kern Waste Facilities Habitat Conservation Plan and Joint NEPA/CEQA document and Statement of Responsibilities regarding preparation of the Joint NEPA/CEQA document for Amendment No. 1 to the Kern County Waste Facilities Habitat Conservation Plan (Fiscal Impact: $80,000; Solid Waste Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENTS AND COUNTY ADMINISTRATIVE OFFICE 32) Proposed transfer from Appropriations for Contingencies for new Animal Services Facility in the amount of $1.3 Million (Fiscal Impact: $1.3 Million; Not Budgeted; Discretionary) - APPROVED Maggard-Gleason: All Ayes CA-33) Proposed response to Grand Jury report entitled Kern County Sheriff s Office - Lerdo Facility (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE CA-34) Proposed contribution to Bakersfield Downtown Business Association in the amount of $1,000 to support its efforts to promote economic growth and revitalization for downtown Bakersfield businesses (Fiscal Impact: $1,000; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR- CONTROLLER-COUNTY CLERK TO PAY Legislative Matters 35) Payments In-Lieu of Taxes amendment to Farm Bill (Fiscal Impact: None) - DENNIS FOX HEARD; ADOPTED POSITION OF SUPPORT; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE Maggard-Gleason: All Ayes 36) AB 1439 (Salas), prohibiting operation of a gambling themed or simulated gambling electronic video monitor in a business that gives cash or other prizes of value, and providing civil penalties for violations (Fiscal Impact: None) - ADOPTED POSITION OF SUPPORT; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE Maggard-Gleason: All Ayes COUNTY ADMINISTRATIVE OFFICE General Services Division S.D. #3 CA-37) Proposed Amendment No. 7 to Lease Agreement with 1701 Oak Partnership for use of a portion of 3300 Truxtun Avenue by the Department of Mental Health, to provide for new carpet, extend term through April 30, 2015 and amend Section 3 "Option to Extend Term" (Fiscal Impact: None) - MADE FINDING PROJECT IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PER SECTION OF STATE CEQA GUIDELINES; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

11 Summary of Proceedings Page 21 CA-38) Proposed Amendment No. 7 to Purchasing Agreement with Swanson Engineering for the new Information Technology Services building, for grading permit fees and reimbursable expenses, in the amount of $1,000 for a new not to exceed amount of $139,475 ( ) (Fiscal Impact: $1,000; Certificate of Participation Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT S.D. #5 CA-39) Request to set hearing to consider an Ordinance granting a pole line transmission system and underground fiber optic cable franchise to Regulus Solar, LLC (Fiscal Impact: $1,200 Administrative Fee; $1,225 Estimated Annual Revenue; Not Budgeted; Discretionary) - DESIGNATED THE OFFICE OF COUNTY COUNSEL THE OFFICIAL TO PREPARE A FAIR AND ADEQUATE SUMMARY; SET HEARING FOR TUESDAY, MARCH 4, 2014, AT 2:00 P.M.; DIRECTED CLERK OF THE BOARD TO PUBLISH HEARING NOTICE AND SUMMARY OF PROPOSED ORDINANCE ONE TIME PER CALIFORNIA PUBLIC UTILITIES CODE SECTION 6232 CA-40) Request for approval of Bid Documents for lease of approximately 82.1 acres of vacant County-owned landfill buffer land, near the Arvin Sanitary Landfill Facility, and proposed Resolution of Intent to call for and receive bids for lease, setting the minimum bid at $600 per year and the bid opening date of February 19, 2014, General Services Division, 1115 Truxtun Avenue, Third Floor, Bakersfield, at 2:00 P.M. (Fiscal Impact: None) - MADE FINDING PROJECT IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PER SECTION AND SECTION 15061(b)(3) OF STATE CEQA GUIDELINES; APPROVED BID DOCUMENTS; ADOPTED RESOLUTION ; AUTHORIZED GENERAL SERVICES TO PUBLISH NOTICE TWICE PER KERN COUNTY ORDINANCE CODE A; AUTHORIZED GENERAL SERVICES TO RECEIVE AND OPEN BIDS All S.D.s CA-41) Proposed Frequency Reconfiguration Agreement (FRA) with Nextel of California/Sprint Inc., for 800 MHz frequency re-banding (Fiscal Impact: $2,098 Revenue; Not Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-42) Job Order Contract Project Listing Update (various projects) (Fiscal Impact: None) - MADE FINDING PROJECTS ARE EXEMPT FROM FURTHER CEQA REVIEW PER SECTION OF STATE CEQA GUIDELINES; APPROVED COUNTY ADMINISTRATIVE OFFICE Information Technology Services CA-43) Proposed approval of mid-year capital asset acquisitions of replacement Core Networking Equipment in an amount not to exceed $368,000 (Fiscal Impact: $368,000; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS

12 Summary of Proceedings Page 22 CONSIDERATION OF ORDINANCES INTRODUCED JANUARY 14, ) Proposed Ordinance amending Section relating to Definitions and addition of Section of Chapter to Title 13 of the Kern County Ordinance Code restricting tobacco use in Rexland Acres Park in southeast Bakersfield, Lamont Park in Lamont, and DiGiorgio Park in Arvin - ENACTED ORDINANCE G-8458 Maggard-Scrivner: 4 Ayes; 1 No - Gleason CA-45) Proposed Ordinance amending Sections , and of Chapter of the Kern County Ordinance Code relating to alcohol use in County Parks, to include the restriction of alcoholic beverages at DiGiorgio Park in Arvin and Rexland Acres Park in southeast Bakersfield - ENACTED ORDINANCE G-8459 CA-46) Proposed Ordinance adding subsection (335) to to the Kern County Ordinance Code establishing a no-parking zone along both sides of the alley between Bryce Drive and Grant Drive, from Taft Avenue to Decatur Street, a distance of approximately 280 feet, Bakersfield - ENACTED ORDINANCE G ) Proposed Ordinance amending Kern County Ordinance Code Section revising the methodology for distribution of Kern Health Systems excess reserves - TIM MCGLEW, KERN VALLEY HEALTHCARE DISTRICT, AND CINDY STEWART, CLINICA SIERRA VISTA, HEARD; WAIVED READING; RE-INTRODUCED ORDINANCE AS AMENDED TO FURTHER CLARIFY EXCESS RESERVE DISTRIBUTION RECIPIENTS Scrivner-Gleason: All Ayes NOTE: Item No. 3 was heard following Item No. 47 MATTERS FOR EXECUTIVE APPROVAL CA-48) Budget Transfers - APPROVED NOS. 132 THROUGH 144 CA-49) Minutes for week of December 2, APPROVED CA-50) Miscellaneous Letters and Documents - FILED CA-51) Letters Received and Referred by Clerk of the Board - APPROVED AND FILED CA-52) Claims and Lawsuits Filed with and Referred by Clerk of the Board - APPROVED AND FILED

13 Summary of Proceedings Page 23 ADJOURNED TO TUESDAY, FEBRUARY 4, 2014, AT 9:00 A.M. Couch /s/ Kathleen Krause Clerk of the Board /s/ Leticia Perez Chairman, Board of Supervisors

14 Summary of Proceedings Page 24 50) MISCELLANEOUS LETTERS AND DOCUMENTS FILED Animal Services A) Twenty-four thank you letters for donations to the shelter Auditor-Controller-County Clerk B) Response to Grand Jury report Clerk of the Board C) Received, certified and transmitted to Recorder for recordation, as follows: 1) Tract Map 6758, Unit 1 S.D. #2 General Services D) Acceptance for T.S. Leasing, Inc., in compliance with Franchise Ordinance F-569 Grand Jury E) Grand Jury Final Report re Office of County Counsel Sheriff F) Response to Grand Jury report re Lerdo Facility Treasurer-Tax Collector G) Cash Receipts and Disbursements for December 30, 2013 Miscellaneous H) Letter from Jonathan K. Renner, Office of the Governor of California, re proclamation calling for Statewide Direct Primary Election on Tuesday, June 3, 2014 (Copies to each Supervisor, CAO, Elections and County Counsel) I) Letter from U.S. Forest Service re forest plan review process (Copies to each Supervisor, CAO, Planning and Community Development and County Counsel) J) Letter from Christian L. Bettenhausen, City Attorney, California City, requesting a 120 day continuance of the Fremont Valley Preservation Project (Copies to each Supervisor, CAO, Planning and Community Development and County Counsel) K) Letter jointly written by Stuart Witt, Mojave Air and Space Port; Peter Brown, Indian Wells Valley Water District; Michael A. Powell, Rand Communities Water District; Donna Thomas, Eastern Kern Resource Conservation District; Bee Coy, Jr., Mojave Public Utility District and Daniel O. Clark, Mayor, City of Ridgecrest re Fremont Valley Preservation Project (Copies to each Supervisor, CAO, Planning and Community Development and County Counsel) L) Four s in opposition to Fremont Valley Preservation Project (Copies to each Supervisor, CAO, Planning and Community Development and County Counsel)

15 Summary of Proceedings Page 25 M) from Stan Beckham re California almonds (Copies to each Supervisor, CAO and Ag Commissioner) N) News Release from U.S. Forest Service re SoCal Forests Release Draft Record of Decision for Land Management Plan Amendment O) Notice from California Highway Patrol re Hazardous Materials Incident Report on January 8, 2014, westbound on State Route 58 at Broome Road, Keene Road (Copies to Environmental Health and Fire-HazMat) P) Notice from American Lung Association re State of Tobacco Control Report to be released January 22, 2014 (Copies to each Supervisor, CAO and Public Health) Q) Notice from U.S. Fish and Wildlife Service re comment period extended for Bi-State Distinct Population Segment of Greater Sage-Grouse R) Notice from State Board of Equalization re Annual Report for Fiscal Year S) from John Prettyman, U.S. Army Corps of Engineers, re Isabella Dam Safety Modification Project Situation Report (Copies to each Supervisor, CAO, Engineering, Surveying and Permit Services, Fire, Office of Emergency Services, Public Health, Emergency Medical Services and County Counsel) T) Notice from State Department of Alcoholic Beverage Control re applications for alcoholic beverage license from: Country Side Market and Restaurants, 1631 South Comanche Drive, Bakersfield; Country Side Market and Restaurant, 8139 East Bear Mountain Boulevard, Lamont; Sals Mexican Restaurant, 2701 Sierra Highway, Rosamond; and Super K Market, Boron Avenue, Boron (Copies to Planning and Community Development and Environmental Health) U) Agenda for Animal Control Commission meeting on January 15, 2014 V) Agenda for Animal Services Ad Hoc Committee meeting on January 14, 2014 W) Agenda for Kern Health Systems Regular Meeting of the Board of Directors on January 16, 2014 X) Agenda for Parks and Recreation Commission meeting on January 22, 2014 Y) Agenda for U.S. Fish and Game Commission meeting on February 5, 2014 Z) Minutes for Commission on Aging Executive Committee meeting on November 7, 2013 AA) Summary of Proceedings for Animal Control Commission meeting on December 18, 2013 BB) Summary of Proceedings for Kern Health Systems Board of Directors meeting on December 12, ) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Letter from Dale Scott and Company re California School Cash Reserve Mid-Year TRAN Program - REFERRED TO COUNTY COUNSEL

16 Summary of Proceedings Page 26 52) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Andra Ayala vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) B) Claim in the matter of Keanu Ethan Campos vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) C) Claim in the matter of Lorin Getchell vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) D) Claim in the matter of Melvin C. Harris, Jr. vs. County of Kern (received January 8, 2014) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management and Personnel) E) Claim in the matter of Melvin C. Harris, Jr. vs. County of Kern (received January 16, 2014) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management and Personnel) F) Claim in the matter of Abel Hernandez vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management and Personnel) G) Claim in the matter of Gary L. Lassetter vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) H) Claim in the matter of Lloyd Shane Lewis vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) I) Claim in the matter of David Gregory Marquez vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) J) Claim in the matter of Hans Mills, Danny Bowen, and California Partnership vs. County of Kern et al. - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) K) Claim in the matter of Nationwide Agribusiness Insurance vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) L) Claim in the matter of Joslyn Penrose vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) M) Claim in the matter of Maria L. Perez vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) N) Claim in the matter of Charles Glenn Robinette vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) O) Claim in the matter of Johnnie Ray Smith vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) P) Claim in the matter of Araceli Tapia vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) Q) Claim in the matter of Francisco L. Zendejas vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) R) Claim in the matter of Francisco R. Zendejas vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) ###