SUMMARY OF PROCEEDINGS

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1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN BOARD RECONVENED 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, April 22, :00 P.M. Supervisors: McQuiston, Maben, Maggard, Watson, Rubio 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 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 THREE MINUTES. PLEASE STATE AND SPELL YOUR NAME BEFORE MAKING YOUR PRESENTATION. THANK YOU! NO ONE HEARD 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 RUBIO CLARIFIED STATEMENTS HE MADE DURING THE MORNING BOARD SESSION WITH RESPECT TO PLACEMENT OF REGISTERED SEX OFFENDERS WITHIN KERN COUNTY; SUPERVISOR MABEN ASKED FOR CLARIFICATION OF THE TERM "LICENSED" DAY CARE FACILITY IN THE PROPOSED ORDINANCE IMPOSING RESIDENTIAL RESTRICTIONS ON SEX OFFENDER REGISTRANTS; COUNTY COUNSEL BERNARD BARMANN REQUESTED TIME TO RESPOND AT THE END OF THE BOARD MEETING (SEE ITEM NO. 23)

2 Summary of Proceedings Page 13 DEPARTMENTAL REQUESTS RESOURCE MANAGEMENT AGENCY Planning Department Miscellaneous S.D. #2 CA-3) Proposed Grant Agreement with State of California, California Energy Commission, for development of wind resources studies in the Greater Tehachapi-Mojave Wind Resource Area, from June 30, 2008 through August 31, 2011 (Fiscal Impact: $500,000 Revenue; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT RESOURCE MANAGEMENT AGENCY Engineering and Survey Services Debt Advisory Hearing 4) Hearing pursuant to the Tax Equity and Fiscal Responsibility Act (TEFRA) and proposed Resolution to approve issuance of $15,000,000 in multifamily housing revenue bonds by the California Statewide Communities Development Authority for Lamont Family Apartments (Fiscal Impact: None) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; APPROVED ISSUANCE OF BONDS FOR PURPOSES OF TEFRA BY CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY; APPROVED ISSUANCE FOR PURPOSES OF JOINT POWERS AGREEMENT WITH THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY; ADOPTED RESOLUTION Maben-Watson: All Ayes RESOURCE MANAGEMENT AGENCY Roads Department All S.D. s CA-5) Proposed Proposition 1B Office of Homeland Security funding and project confirmation for Kern Regional Transit (Fiscal Impact: $145, Revenue to Kern Regional Transit Enterprise Fund; Not Budgeted; Discretionary) - APPROVED PROJECT; CONFIRMED PROJECT IS CONSISTENT WITH KERN'S PUBLICLY ADOPTED TRANSIT PLAN; AUTHORIZED ROADS DIRECTOR TO SIGN AND SUBMIT AN APPLICATION AND ALL SUBSEQUENTLY REQUIRED DOCUMENTATION WASTE MANAGEMENT S.D. #1 CA-6) Proposed mid-year capital project increase to the Solid Waste Enterprise Fund for remodeling the Ridgecrest Special Waste Facility (Fiscal Impact: $35,000; Solid Waste Enterprise Fund; Not Budgeted; Discretionary) - APPROVED; APPROVED BUDGET TRANSFER

3 Summary of Proceedings Page 14 COUNTY ADMINISTRATIVE OFFICE CA-7) Proposed salary adjustments of 6.5% for resident physician classifications at Kern Medical Center, effective April 26, 2008, and 4% on July 5, 2008 (Fiscal Impact: FY $75,000; Not Budgeted; Discretionary) - APPROVED AMENDMENT TO DEPARTMENTAL POSITIONS AND SALARY SCHEDULE; DIRECTED AUDITOR-CONTROLLER-COUNTY CLERK AND DIRECTOR OF PERSONNEL TO IMPLEMENT CA-8) Proposed sole source Agreements for issuance of Tax and Revenue Anticipation Notes (TRAN) for FY with Kelling, Northcross & Nobriga for municipal finance consultant services, in an amount not to exceed $72,000; and Stradling, Yocca, Carlson & Rauth for bond and disclosure counsel services, in an amount not to exceed $28,000 (Fiscal Impact: $100,000; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENTS AND ) Proposed budgetary control measures implementing a restricted hiring and procurement program (Fiscal Impact: Unknown) - APPROVED Maben-Watson: All Ayes Legislative Matters CA-10) AB 2527 regarding targeted case management federal matching funds (Fiscal Impact: None) - ADOPTED POSITION OF SUPPORT; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE COUNTY ADMINISTRATIVE OFFICE General Services Division S.D. #1 CA-11) Proposed acceptance of Surface Quitclaim and Site Reservations Agreement from Aera Energy, LLC, for mineral extraction at the Lerdo Jail Facility property (Fiscal Impact: None) - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTION AS APPROPRIATE; APPROVED; ACCEPTED DEED; DIRECTED CLERK OF THE BOARD TO RECORD All S.D. s CA-12) Request to employ retired County employee Janice Levingston as a Real Property Agent III, Step E, for a period not to exceed 120 working days or 960 hours, whichever is greater, in the 12-month period following the date of employment (Fiscal Impact: $28,915; General Fund; Not Budgeted; Discretionary) - APPROVED 13) Request to increase blanket purchase orders with San Joaquin Helicopters up to an annual amount not to exceed $200,000, and ThyssenKrup Elevator Corporation up to an annual amount not to exceed $150,000 for goods and services (Fiscal Impact: $100,000 Annually; General Fund; Budgeted; Discretionary) - APPROVED

4 Summary of Proceedings Page 15 CA-14) Identify apparent low bids submitted by Ladco Construction, Inc., and JTS Construction for the Job Order Contract, Phase 10, with weighted composite factors of and (Various Projects) (Fiscal Impact: $1,000,000; General Fund; Budgeted; Discretionary) - IDENTIFIED APPARENT LOW BIDS; AUTHORIZED GENERAL SERVICES TO PREPARE CONTRACT DOCUMENTS COUNTY ADMINISTRATIVE OFFICE Information Technology Services CA-15) Proposed Agreement with Placer Title Company for KIPS access, from April 22, 2008 and continuing unless terminated by either party on thirty (30) days prior written notice, in the amount of $840 annual revenue (Fiscal Impact: $840 Annual Revenue; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-16) Request to establish fixed asset account for purchase of Tape Drives, in the amount of $50,000 (Fiscal Impact: $50,000; Not Budgeted; Discretionary) - APPROVED; APPROVED BUDGET TRANSFER CA-17) Request to establish fixed asset account for purchase of a GroupWise restore product known as Reload, in the amount of $16,000 (Fiscal Impact: $16,000; Not Budgeted; Discretionary) - APPROVED; APPROVED BUDGET TRANSFER MATTERS FOR EXECUTIVE APPROVAL CA-18) Budget Transfers - APPROVED NOS. 172 THROUGH 177 CA-19) CA-20) CA-21) Minutes for week of March 24, APPROVED Miscellaneous Letters and Documents - APPROVED Miscellaneous Departmental Referrals by Clerk of the Board - APPROVED AND FILED CA-22) Claims and Lawsuits filed with and referred by Clerk of the Board - APPROVED AND FILED

5 Summary of Proceedings Page 16 COUNTY COUNSEL 23) Response to referral on March 11, 2008 concerning residential and other restrictions for Penal Code Section 290 Sex Offender Registrants; and proposed Ordinance adding Chapter 9.38 to the Kern County Ordinance Code imposing residential restrictions and other regulations on sex offender registrants (from 4/8/08) (Fiscal Impact: Unknown; Not Budgeted; Discretionary) (from 9:00 A.M., Item No. 12) - RECEIVED AND FILED; ENACTED URGENCY ORDINANCE G-7703 AS AMENDED TO REGULATE SEX OFFENDER REGISTRANTS WITH RESPECT TO LICENSED DAY CARE FACILITIES Maben-Watson: All Ayes ADJOURNED TO THURSDAY, APRIL 24, 2008, AT 2:00 P.M. FOR JOINT MEETING WITH CIVIL SERVICE COMMISSION Watson /s/ Kathleen Krause Clerk of the Board /s/ Michael J. Rubio Chairman, Board of Supervisors

6 Summary of Proceedings Page 17 20) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED Clerk of the Board A) Received, certified and transmitted to Recorder for recordation as follows: 1) Tract Map 6169, Unit 4 S.D. #4 County Administrative Office B) Amendment to Administrative Policy and Procedures Manual, Chapter 3, Section 303.2, re description of details for unusual travel Grand Jury C) Final Report re Child Protective Services (Copies to each Supervisor, CAO and Human Services) D) Final Report re Department of Child Support Services (Copies to each Supervisor, CAO and Child Support Services) E) Final Report re Future of Solar Power Electricity Generation for Use in Kern County (Copies to each Supervisor, CAO and General Services) Local Agency Formation Commission F) Resolution No , Proceeding No. 1519, in the matter of City of Bakersfield, Annexation No. 526 (Fairfax No. 2) (Copies to each Supervisor, CAO and Resource Management Agency) G) Resolution No , Proceeding No. 1526, in the matter of Bear Valley CSD: Annexation No. 9; Tehachapi Recreation and Park District, Detachment B; Bear Mountain Recreation and Park District, Detachment C (Reorganization) (Copies to each Supervisor, CAO and Resource Management Agency) H) Resolution No , Proceeding No. 1536, in the matter of City of Tehachapi, Annexation No. 82 (Copies to each Supervisor, CAO and Resource Management Agency) I) Resolution No in the matter of Amendment of Sphere of Influence: Bear Valley Community Services District (Copies to each Supervisor, CAO and Resource Management Agency) Planning J) Recorded Grant of Easement from Lawrence T. Barnes and Dixie D. Barnes re Parcel Map Waiver No , Septic Monitoring and Maintenance Easement (Document No ) Treasurer-Tax Collector K) Response to referral to Pravinbhai C. Patel, dba El Don Motel, re use of the El Don Motel for purposes other than a motel (Copies to each Supervisor, CAO, Planning and County Counsel)

7 Summary of Proceedings Page 18 Miscellaneous L) Letter from William R. Blanton, Jr., Federal Emergency Management Agency, re notification of the final flood hazard determination for unincorporated areas of Kern County (Copies to each Supervisor, CAO, Engineering & Survey Services and County Counsel) M) Letter from Karl Johnson, Kern County Cattlemen s Association; Dominique Minaberrigarai, Kern County Wool Growers Association; and Michael C. Young, Kern County Farm Bureau re exempting herding dogs from placement within Animal Control s proposed regulations involving dog licensing (Copies to each Supervisor, CAO, Resource Management Agency, Animal Control and County Counsel) N) Letter from Thomas Johnson, State Department of Veterans Affairs, re new and increased monthly cash benefits obtained by the County Veterans Service Office (Copies to each Supervisor and CAO) O) Letter from Tim Smith, U.S. Department of the Interior, Bureau of Land Management (BLM), re revision and update of Caliente Resource Management Plan (RMP) for BLM lands and mineral estate located in Fresno, Kern, Kings, Madera, San Luis Obispo, Santa Barbara, Tulare and Ventura Counties (Copies to each Supervisor, CAO, Resource Management Agency, Planning and County Counsel) P) Letter from B.M. Smith, California Highway Patrol, re Hazardous Materials Incident Report on Wednesday, March 26, 2008, at Panama Road and Comanche Drive (Copies to each Supervisor, CAO, Environmental Health and Fire Haz-Mat) Q) Letter from Tony Costamagna in opposition to proposed zoning changes requested by Bakersfield 80 LLC (Site 1), Dave Packer Construction (Site 2) and Soper Homes (Site 3) between Rosedale Highway and Brimhall Road (Copies to each Supervisor, CAO, Planning and County Counsel) R) Letter from Sherrie Koell, State Fish and Game Commission, re continuation notice of proposed regulatory action relating to Klamath River Sport Fishing (Copies to each Supervisor and CAO) S) Letter from Charles C. Holloway, Department of Water and Power, City of Los Angeles, re notice of preparation of a Draft Environmental Impact Report for the Barren Ridge Renewable Transmission Project (Copies to each Supervisor, CAO, Resource Management Agency, Planning and County Counsel) T) Notices from State Department of Alcoholic Beverage Control for applications for alcoholic beverage licenses from: Famoso Gas Station, Famoso Road, McFarland; Community Liquor, 2600 South Union Avenue, Bakersfield; The Joint, 165 Butte Avenue, Randsburg; Edison- Texaco Mini Mart, 8101 Edison Highway, Bakersfield (Copies to each Supervisor, CAO and Planning) U) Notice from Pacific Gas & Electric re application for Recovery of Catastrophic Event Costs (CEMA) in electric rates (Copies to each Supervisor, CAO, General Services and County Counsel) V) Situation Report from U.S. Army Corps of Engineers re Lake Isabella Dam (Copies to each Supervisor, CAO, Resource Management Agency, Engineering & Survey Services, Office of Emergency Services; Emergency Medical Services, Fire and County Counsel)

8 Summary of Proceedings Page 19 W) Debt Validation Notice and Notice of Default and Election to Sell Under Deed of Trust from Quality Loan Service Corporation re property owned by Martina V. Velazquez (Copy to Property Management) X) Notice of Trustee s Sale from Regional Trustee Services Corporation re property owned by Fernando Trujillo at 5817 Clayton Street, Bakersfield (Copy to Property Management) Y) Notice of meeting from Governor s Office of Planning and Research on Monday and Tuesday, April 14 and 15, 2008, re R-2508 Joint Land Use Study (Copies to each Supervisor, CAO, Resource Management Agency, Planning and County Counsel) 21) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Letter from William Findley re homeowner assistance claim form for property insurance - REFERRED TO ASSESSOR B) Letter from Pravinbhai C. Patel, El Don Motel, re notice that property will be leased to Sal Ahmed of Pathway Homes for a Community Care/Sober Living Facility - REFERRED TO TREASURER-TAX COLLECTOR (Copies to each Supervisor, CAO, Planning and County Counsel) 22) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY THE CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Justin Bradley, a minor vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) B) Claim in the matter of Bryan Wesley Conlee vs. Kern County, et al - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) C) Claim in the matter of Shannon Murphy vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) D) Claim and amended claim in the matter of Bradley Couch vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

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