SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, August 21, :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 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). 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 21, 2012, AT 9:00 A.M. Item No. 61 concerning a request for Closed Session regarding conference with designated labor negotiators, County Administrative Officer, John Nilon, and designated staff - Employee organizations: Committee of Interns and Residents, Kern County Detention Officers Association, Kern County Fire Fighters Union, Kern Law Enforcement Association, Kern County Probation Managers Association, Kern County Probation Officers Association, Kern County Prosecutors Association, Kern County Sheriff Command Association, Kern County Sheriff Command Association II, Service Employees International Union Local 521, Union of American Physicians and Dentists (Government Code Section ) - NO REPORTABLE ACTION TAKEN Item No. 62 concerning a request for Closed Session regarding public employee interviews/appointment - Title: Director of Animal Control (Government Code Section 54957) - CONTINUED TO IMMEDIATELY FOLLOW THE 2:00 P.M. SESSION (See Item No. 33) Item No. 63 concerning a request for Closed Session regarding conference with designated labor negotiators, County Administrative Officer, John Nilon, and designated staff - Unrepresented employee: Director of Animal Control (Government Code Section ) - CONTINUED TO IMMEDIATELY FOLLOW THE 2:00 P.M. SESSION (See Item No. 34)

2 Summary of Proceedings Page 14 Item No. 64 concerning a conference concerning a letter of intent to negotiate a lease agreement received from Commercial Developers, Inc. for a portion of the East Hills Mall, 3000 Mall View Road, Bakersfield, CA 93306; with real property negotiators John Nilon, County Administrative Officer, or his designee, grant authority to the negotiators on price and terms of payment (Government Code Section ) - NO REPORTABLE ACTION TAKEN Item No. 65 concerning a request for Closed Session regarding a lawsuit entitled Timothy Ricards v. County of Kern, WCAB Case No. ADJ (Government Code Section (a)) THIS IS A WORKERS COMPENSATION MATTER INVOLVING A CLAIMANT WHO ALLEGES INJURIES ARISING OUT OF HIS EMPLOYMENT WITH THE KERN COUNTY SHERIFF S DEPARTMENT. BY A UNANIMOUS VOTE, THE BOARD OF SUPERVISORS APPROVED SETTLEMENT AUTHORITY BY WAY OF A STIPULATED FINDING AND AWARD, WITH A TOTAL MONETARY VALUE OF 75% DISABILITY EQUALING $108,445, PAYABLE BEGINNING NOVEMBER 23, 2006; AUTHORIZED COUNTY COUNSEL TO PRESENT THE SETTLEMENT TO THE WORKERS COMPENSATION APPEALS BOARD AND EXECUTE ALL CLOSING DOCUMENTS; AND AUTHORIZED THE AUDITOR-CONTROLLER TO ISSUE A WARRANT AS REQUESTED BY COUNTY COUNSEL Item No. 66 concerning a request for Closed Session regarding a lawsuit entitled Sierra Club v. California Department of Conservation Division of Oil, Gas, and Geothermal Resources (Century Exploration Resources, LLC, et al.), Kern County Superior Court No. S-1500-CV KCT (Government Code Section (a)) - NO REPORTABLE ACTION TAKEN Item No. 67 concerning a request for Closed Session regarding a lawsuit entitled Association of Irritated Residents v. County of Kern (Big West of California), Kern County Superior Court Case No. S-1500-CV KCT (Government Code Section (a)) - THE BOARD OF SUPERVISORS CONFERRED WITH COUNSEL AND STAFF REGARDING THIS CASE, WHICH IS A LAWSUIT BROUGHT BY THE ASSOCIATION OF IRRITATED RESIDENTS AGAINST THE COUNTY OF KERN FOR ALLEGED VIOLATIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RELATING TO THE COUNTY OF KERN S APPROVAL OF BIG WEST OF CALIFORNIA S PROJECT TO UPDATE ITS BAKERSFIELD REFINERY. THIS PROJECT WAS CALLED THE BIG WEST CLEAN FUELS PROJECT. ALON ENERGY USA, INC., PURCHASED THE BAKERSFIELD REFINERY WHICH IS NOW BEING OPERATED BY PARAMOUNT PETROLEUM CORPORATION, A SUBSIDIARY OF ALON ENERGY USA, INC. THE BOARD OF SUPERVISORS, BY UNANIMOUS VOTE, APPROVED A SETTLEMENT THROUGH WHICH ALON ENERGY USA, INC., AND PARAMOUNT PETROLEUM CORPORATION ARE AGREEING THAT THEY WILL REQUEST THAT THE BOARD OF SUPERVISORS RESCIND ITS APPROVAL OF THE BIG WEST CLEAN FUELS PROJECT IN RETURN FOR THE ASSOCIATION OF IRRITATED RESIDENTS DISMISSING ITS LAWSUIT. THE SETTLEMENT PROVIDES THAT ALL PARTIES TO THE LAWSUIT WILL PAY THEIR OWN ATTORNEYS FEES AND COSTS. IN ADDITION, THE BOARD OF SUPERVISORS AUTHORIZED COUNTY COUNSEL TO SIGN ALL NECESSARY SETTLEMENT DOCUMENTS Item No. 68 concerning a request for Closed Session regarding a lawsuit entitled Routh v. County of Kern, et al., Kern County Superior Court Case No. S-1500-CV (Government Code Section (a)) - NO REPORTABLE ACTION TAKEN

3 Summary of Proceedings Page 15 Item No. 69 concerning a request for Closed Session regarding significant exposure to litigation against the County in the opinion of the Board on the advice of legal counsel, based on existing facts and circumstances (Government Code Section (a)) - NO REPORTABLE ACTION TAKEN Item No. 70 concerning a request for Closed Session regarding a lawsuit or proceeding formally initiated; the title is not disclosed because to do so could jeopardize settlement negotiations or jeopardize the ability to effectuate service of process upon one or more unserved parties (Government Code Section (b)(1)) - NO REPORTABLE ACTION TAKEN ADJOURNED AS BOARD OF SUPERVISORS; RECONVENED AS KERN SANITATION AUTHORITY KERN SANITATION AUTHORITY C-1) Proposed Request for Proposals (RFP) for development of a solar facility at Kern Sanitation Authority under a power purchase and lease agreement (Fiscal Impact - None) - APPROVED; AUTHORIZED DISTRIBUTION Watson-Maggard: All Ayes ADJOURNED AS KERN SANITATION AUTHORITY; RECONVENED AS BOARD OF SUPERVISORS Watson-Maggard: All Ayes PUBLIC PRESENTATIONS 2) This portion of the meeting is reserved for persons to address the Board on any matter not on this agenda but under the jurisdiction of the Board. Board members may respond briefly to statements made or questions posed. They may ask a question for clarification, make a referral to staff for factual information or request staff to report back to the Board at a later meeting. Also, the Board may take action to direct the staff to place a matter of business on a future agenda. SPEAKERS ARE LIMITED TO TWO MINUTES. PLEASE STATE AND SPELL YOUR NAME BEFORE MAKING YOUR PRESENTATION. THANK YOU! NO ONE HEARD BOARD MEMBER ANNOUNCEMENTS OR REPORTS 3) On their own initiative, Board members may make an announcement or a report on their own activities. They may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda (Gov. Code Sec [a]) NO ONE HEARD

4 Summary of Proceedings Page 16 HEARINGS DEVELOPMENT SERVICES AGENCY Planning and Community Development Department 4) Request from Denison Coe (original applicant - Northpoint Village by Denison Coe) to appeal decision of Planning Commission for Conditional Use Permit 16, Map and Zone Variance 8, Map on 0.93 acres located at 8416, 8422, 8428, 8434 Andromeda Lane, Bakersfield (S.D. #3) Specific Request: An appeal to the decision of the Planning Commission disapproving Conditional Use Permit 16, Map and Zone Variance 8, Map (Resolution and 55-12; disapproved July 26, 2012) to allow four community care facilities on four contiguous parcels with a maximum of eight residents per facility (Section A) in a R-1 District (Appeal #1, Map #104-30) (Categorically Exempt, Section 15303; Published Bakersfield Californian) - OPENED HEARING; RICHARD TEMPLE, VIKKI DEL PELLEGRINO, SHIRLEY VANDERZIEL, AND DENISON COE, APPLICANT, HEARD; CLOSED HEARING; PER PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION, ADOPTED RESOLUTION APPROVING APPEAL; ADOPTED RESOLUTIONS AND APPROVING CONDITIONAL USE PERMIT, SUBJECT TO CONDITIONS AND APPROVING ZONE VARIANCE, SUBJECT TO CONDITIONS Maggard-Goh: All Ayes CORRECTED PER SUMMARY OF OCTOBER 30, 2012, ITEM NO. 28 P.M. DEPARTMENTAL REQUESTS DEVELOPMENT SERVICES AGENCY Planning and Community Development Department S.D. #4 5) Request from Braly Properties II LLC by Delmarter and Associates for a summary vacation of a portion of Country Triangle Way, east side of Enos Lane, western Rosedale area, Zone Map 100 (Fiscal Impact: None) (from 7/31/2012) - JIM DELMARTER, REPRESENTING THE APPLICANT, HEARD; ADOPTED RESOLUTION APPROVING SUMMARY VACATION OF PORTION OF COUNTRY TRIANGLE WAY; DIRECTED CLERK OF THE BOARD TO RECORD Watson-Maggard: All Ayes CA-6) Proposed rescission of a portion of an existing Williamson Act Land Use Contract and simultaneous approval of proposed Williamson Act Contract No with Cohagen Land and Cattle Company, LLC, commencing in 2013 calendar year, north and south side of Highway 155, approximately 5-1/2 miles east of Highway 165, 2,314 acres, Agricultural Preserve No. 14 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; DIRECTED CLERK OF THE BOARD TO RECORD

5 Summary of Proceedings Page 17 CA-7) All S.D.s Agricultural Preserve Boundary Maps (Fiscal Impact: None) - ADOPTED RESOLUTIONS THROUGH CONFIRMING BOUNDARIES OF EACH OF THE 20 AGRICULTURAL PRESERVES; DIRECTED CLERK OF THE BOARD TO RECORD; DIRECTED CLERK OF THE BOARD TO TRANSMIT COPY OF EACH RESOLUTION AND MAP TO THE STATE OF CALIFORNIA, DIRECTOR OF CONSERVATION DEVELOPMENT SERVICES AGENCY Engineering, Surveying and Permit Services Department S.D. #1 CA-8) Request to approve final map for Tract No. 6509, east side of Airport Drive, north of West Day Avenue, Type "A" Subdivision, Dewalt Corporation for West Day, LLC (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION MAKING FINDINGS PER SECTION OF PUBLIC RESOURCES CODE, SECTIONS , AND OF GOVERNMENT CODE INCLUDING APPROVAL OF WAIVER OF SIGNATURE FOR MINERAL OWNERS WITHOUT SURFACE ENTRY RIGHTS AND EASEMENT HOLDERS PER SECTION OF GOVERNMENT CODE AND SECTION D.1 OF LAND DIVISION ORDINANCE (SECTION K.1,.2 AND.3 NOT APPLICABLE), THE APPROVAL AND ACCEPTANCE OF TRACT IMPROVEMENTS ALONG WITH DECLARATION OF ROADS WITHIN TRACT NO AS PUBLIC HIGHWAYS AND ACCEPTANCE INTO THE COUNTY ROAD SYSTEM; APPROVED FINAL MAP; AUTHORIZED CLERK OF THE BOARD TO SIGN; APPROVED AGREEMENT FOR MAINTENANCE OF IMPROVEMENTS; AUTHORIZED CHAIRMAN TO SIGN; APPROVED CONSENT TO COMMON USE AGREEMENT; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT ; RECEIVED AND FILED DOCUMENTS AND DIRECTED CLERK OF THE BOARD TO RECORD S.D. #5 CA-9) Request to set public hearing to consider levying assessments with an escalation clause; and proposed Resolution initiating proceedings for fees following Annexation No. 5 to County Service Area No. 87 and establishment of Zone of Benefit No. 1 through the exercise of latent powers, Parcel Map and its Designated Remainder, Lamont (Fiscal Impact: $3,889.30; CSAs; Budgeted; Mandated) (Local Agency Formation Commission (LAFCO) Proceeding No. 1635) - APPROVED; ADOPTED RESOLUTION ; SET PUBLIC HEARING FOR TUESDAY, OCTOBER 9, 2012, AT 2:00 P.M. TO RECEIVE PUBLIC COMMENT AND TABULATE BALLOTS AND TO CONSIDER LEVYING ASSESSMENTS AND ESTABLISHING THE FORMULA FOR SETTING AN ASSESSMENT FOR FUTURE YEARS WITHIN COUNTY SERVICE AREA NO. 87 AND ESTABLISHMENT OF ZONE OF BENEFIT NO. 1, PARCEL MAP AND ITS DESIGNATED REMAINDER; DIRECTED ENGINEERING, SURVEYING AND PERMIT SERVICES DEPARTMENT TO MAIL NOTICES AND BALLOTS, ALONG WITH AN ENGINEER S REPORT, TO ALL PROPERTY OWNERS AFFECTED, AND TO CONDUCT A PUBLIC MEETING IN COMPLIANCE WITH ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION; DIRECTED CLERK OF THE BOARD TO PUBLISH NOTICE OF HEARING

6 Summary of Proceedings Page 18 All S.D.s 10) Joint response from Engineering, Surveying and Permit Services Department and Fire Department to referrals dated June 14, 2011 and November 8, 2011, regarding local building and fire codes that are more restrictive than the California Building Standards Code and December 13, 2011 referral on County barriers (Fiscal impact: None) - DENNIS FOX HEARD; RECEIVED AND FILED Maggard-Watson: All Ayes DEVELOPMENT SERVICES AGENCY Roads Department S.D. #3 CA-11) CA-12) Proposed handicap parking zone along south side of Woodrow Avenue beginning 170 feet west of west gutter line of North Chester Avenue, thence westerly for a distance of 22 feet, Bakersfield (Fiscal Impact: None) - APPROVED; REFERRED TO COUNTY COUNSEL FOR PREPARATION OF ORDINANCE Contract No , identify apparent, responsible and responsive low bid of Alpha 1 Construction for construction on Oildale Streetscape, Phase 2, in an amount not to exceed $187, (Fiscal Impact: $187,733.10; Community Development Block Grant Funds; Budgeted; Discretionary) - IDENTIFIED APPARENT LOW BID; AUTHORIZED ROADS TO PREPARE CONTRACT DOCUMENTS AND RELEASE ALL OTHER BID GUARANTEES S.D.s #3 & #4 13) Request from City of Bakersfield for County consent for acquisition through negotiations and/or eminent domain, if required, of properties necessary for Rosedale Highway widening, Bakersfield (Fiscal Impact: None) - APPROVED; CONSENTED TO USE OF EMINENT DOMAIN, IF REQUIRED S.D.s #3 & #5 CA-14) Contract No , Plans, Specifications and Notice to Contractors for construction on Alta Vista Drive from Bernard Street to Panorama Drive, Bakersfield (Fiscal Impact: $462,490; Federal Regional Surface Transportation Program 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 TO PUBLISH NOTICE TO CONTRACTORS IN A NEWSPAPER OF GENERAL CIRCULATION, PURSUANT TO SECTION OF PUBLIC CONTRACT CODE; BID OPENING TO BE WEDNESDAY, SEPTEMBER 19, 2012, AT 11:00 A.M.

7 Summary of Proceedings Page 19 WASTE MANAGEMENT S.D. #5 CA-15) Contract No , Plans, Special Provisions and Notice to Contractors for Vegetation of Final Closure at Arvin Sanitary Landfill (Fiscal Impact: $630,000; Solid Waste Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED WASTE MANAGEMENT TO PUBLISH NOTICE TO CONTRACTORS IN A NEWSPAPER OF GENERAL CIRCULATION, PURSUANT TO GOVERNMENT CODE SECTION 6066; BID OPENING TO BE WEDNESDAY, SEPTEMBER 19, 2012, AT 11:00 A.M. COUNTY ADMINISTRATIVE OFFICE CA-16) Request for acceptance of donation to Kern County Library from Pacific Gas & Electric in the amount of $5,000 (Fiscal Impact: $5,000 Donation; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN LETTER OF APPRECIATION Legislative Matter CA-17) California Department of Resources Recycling and Recovery, CalRecycle, proposed expansion of AB 341 solid waste diversion goals (Fiscal Impact: None) - ADOPTED POSITION IN OPPOSITION; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE COUNTY ADMINISTRATIVE OFFICE General Services Division Continued Hearing S.D. #1 CA-18) Proposed purchase of a combined 5.52 net acre parcel from Roll Real Estate Properties, LLC (a parent company of Paramount Land Company, L.P.) to allow County to purchase property encumbered by the Meadows Field avigation easement recommended by the Federal Aviation Association (Fiscal Impact: $256,000; General Fund; Budgeted; Discretionary) (from 7/31/2012) - CONTINUED TO TUESDAY, OCTOBER 2, 2012, AT 2:00 P.M. S.D. #1 19) Proposed Agreement with Eastern Kern Air Pollution Control District for Department of Motor Vehicle Project Grant No to purchase a low emission vehicle for Aging and Adult Services Department, Ridgecrest area, in an amount not to exceed $20,986 (Fiscal Impact: $20,986; $9,360 District Grant, $11,626 Aging and Adult Services, Budget Unit 5610; Budgeted; Discretionary) - DENNIS FOX HEARD; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

8 Summary of Proceedings Page 20 CA-20) S.D. #3 Request for approval of intent to donate surplus communication system analyzers to Bakersfield College Electronics Program (Fiscal Impact: None) - APPROVED; DIRECTED COUNTY COUNSEL TO PREPARE NOTICE OF INTENT; DIRECTED CLERK OF THE BOARD TO PUBLISH NOTICE OF INTENT All S.D.s CA-21) Proposed bid documents for Job Order Contract (Phase 15) (various projects) (Fiscal Impact: None) - APPROVED; AUTHORIZED GENERAL SERVICES TO PUBLISH PURSUANT TO PUBLIC CONTRACT CODE SECTION 20125; BID OPENING TO BE WEDNESDAY, SEPTEMBER 12, 2012, AT 11:00 A.M. CA-22) Proposed bid documents for Job Order Contract Specialty Site Civil (Phase 9) (various projects) (Fiscal Impact: None) - APPROVED; AUTHORIZED GENERAL SERVICES TO PUBLISH PURSUANT TO PUBLIC CONTRACT CODE SECTION 20125; BID OPENING TO BE WEDNESDAY, SEPTEMBER 12, 2012, AT 11:00 A.M. CA-23) CA-24) Proposed bid documents for Job Order Contract Specialty Painting (Phase 8) (various projects) (Fiscal Impact: None) - APPROVED; AUTHORIZED GENERAL SERVICES TO PUBLISH PURSUANT TO PUBLIC CONTRACT CODE SECTION 20125; BID OPENING TO BE WEDNESDAY, SEPTEMBER 12, 2012, AT 11:00 A.M. Request to employ retired County employee, Agatha Yuen, as an Accountant III, Step E, 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; Not Budgeted; Discretionary) - APPROVED CONSIDERATION OF ORDINANCES INTRODUCED AUGUST 14, 2012 CA-25) Proposed Ordinance adding subsection (312), (313), (314), and (315) to Section to Chapter of Title 10 of the Kern County Ordinance Code establishing a no parking zone along the: a) north shoulder of James Road beginning at the east curb return of Granite Road, thence southeast for a distance of 330 feet, Bakersfield; b) north shoulder of James Road beginning at the west curb return of Granite Road, thence northwest for a distance of 128 feet, Bakersfield; c) south shoulder of James Road beginning at the east curb return of Airport Drive, thence southeast for a distance of 288 feet, Bakersfield; d) south shoulder of James Road beginning at the west curb return of Airport Drive, thence northwest for a distance of 461 feet, Bakersfield - ENACTED ORDINANCE G-8330

9 Summary of Proceedings Page 21 CA-26) Proposed Ordinance adding Section to Chapter of Title 10 of the Kern County Ordinance Code establishing a 45-mile-per-hour speed limit on Dolphin Avenue between Mahan Street and Campbell Street, a distance of approximately 4,574 feet, Ridgecrest - ENACTED ORDINANCE G-8331 CA-27) Proposed Ordinance adding subsection (5) to Section to Chapter of Title 10 of the Kern County Ordinance Code establishing a handicapped parking zone along the south side of Big Blue Road, beginning at a point 49 feet northwest of the southwest curb return at Kernville Road, thence northwesterly a distance of 27 feet, Kernville - ENACTED ORDINANCE G-8332 CA-28) Proposed Ordinance adding subsection (311) to Section to Chapter of Title 10 of the Kern County Ordinance Code establishing a no parking zone along the southeast shoulder of Granite Road beginning at the north curb return of James Road, thence southeasterly northeasterly 272 feet, Bakersfield - ENACTED ORDINANCE G-8333 CORRECTED PER SUMMARY OF OCTOBER 30, 2012, ITEM NO. 28 P.M. MATTERS FOR EXECUTIVE APPROVAL CA-29) CA-30) CA-31) Minutes for week of June 11, APPROVED Miscellaneous Letters and Documents - FILED Letters Received and Referred by Clerk of the Board - APPROVED AND FILED CA-32) Claims and Lawsuits Filed with and Referred by Clerk of the Board - APPROVED AND FILED ADJOURNED TO CLOSED SESSION Watson CLOSED SESSION (If public reporting is required by Government Code Section 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 ADMINISTRATIVE OFFICE 33) Request for Closed Session regarding public employee interviews/appointment - Title: Director of Animal Control (Government Code Section 54957) (from 8/21/2012, 9:00 A.M. Session, Item No. 62) -

10 Summary of Proceedings Page 22 34) Request for Closed Session regarding conference with designated labor negotiators, County Administrative Officer, John Nilon, and designated staff - Unrepresented employee: Director of Animal Control (Government Code Section ) (from 8/21/2012, 9:00 A.M. Session, Item No. 63) - RECONVENED FROM CLOSED SESSION; ADJOURNED TO MONDAY, AUGUST 27, 2012, AT 9:00 A.M. FOR THE SPECIAL MEETING Watson-Goh /s/ Kathleen Krause Clerk of the Board /s/ Zack Scrivner Chairman, Board of Supervisors

11 Summary of Proceedings Page 23 30) MISCELLANEOUS LETTERS AND DOCUMENTS FILED Employers Training Resource A) Workforce Investment Act On-the-Job Training Amendments: 1) Amendment No. 1 to Agreement with Larry M. Cho, M.D., Inc. dba The Industrial Medical Group, WIA Title 775 (NEG), Encumbrance No. D120153, dated June 13, ) Amendment No. 1 to Agreement with Icel Investment, Inc., dba Miramar International, Inc., WIA Title 775 (NEG), Encumbrance No. D120156, dated June 13, 2012 B) Workforce Investment Act On-the-Job Training Agreements: 1) Boston Eye Care Advanced Optometric Center, Inc., WIA Title 201, dated July 23, ) Larry M. Cho, M.D., Inc. dba The Industrial Medical Group, WIA Title 167, dated June 29, ) Technosocialwork.com, LLC dba Stria, WIA Title 146, dated June 18, ) Technosocialwork.Com, LLC dba Stria, WIA Title 146, dated August 2, ) Edward Villanueva dba Rosedale RV, WIA Title 201, dated July 24, ) White Forest Nursery, Inc. dba White Forest Nursery, WIA Title 201, dated August 4, 2012 C) Employers Training Resource s response to Workforce Investment Act (WIA) fiscal and procurement review, draft monitoring report for Program Year , dated July 16, 2012 and final WIA fiscal and procurement report, dated July 23, 2012, conducted by the State of California Employment Development Department D) Workforce Investment Act Dislocated Worker Program financial and program management systems monitoring review for Program Year , dated July 10, 2012, conducted by La Cooperativa Campesina de California E) National Farmworker Jobs Program monitor review conducted by the Department of Labor, dated May 22, 2012; Employers Training Resource s response to the review, dated June 22, 2012; final determination letter from the Department of Labor dated July 18, 2012 Public Health Services F) Six thank you letters for donations to Animal Control Division Miscellaneous G) Letter from Board of State and Community Corrections re AB 900 Phase II Jail Construction Financing Conditional Award (Copy to each Supervisor, CAO, Sheriff, General Services and County Counsel) H) Letter from City of Wasco, Wasco Union Elementary School District and Wasco Union High School District re proposed closing of the Countyoperated Wasco Medical Clinic (Copies to each Supervisor, CAO, Public Health and County Counsel)

12 Summary of Proceedings Page 24 I) Letter from Physician s Automated Laboratory, Inc., in support of keeping Managed Care Systems (MCS) as the County of Kern Employee Medical Plan s third party administrator (Copies to each Supervisor, CAO and County Counsel) J) Letter from Allen Ishida, Chair of the Board, Tulare County Board of Supervisors, requesting a resolution in support of legislation to increase the number of federal judgeships in the United States District Court, Eastern District of California (Copies to each Supervisor, CAO and County Counsel) K) from Chris Horgan, Stewards of the Sequoia, to U.S. Forest Service to keep the Giant Sequoia Monument under Forest Service management (Copies to each Supervisor, CAO, Planning and Community Development and County Counsel) L) Notice from Southern California Edison Company re proposal to increase electric rates (Copies to General Services and County Counsel) M) Notice from Southern California Gas Company re proposed gas public purpose program surcharge decrease (Copy to General Services) N) News Release from U.S. Forest Service re additional fire restrictions take effect in Los Padres National Forest O) News Release from Kern County Administrative Office re County issues recommended budget in advance of August Budget Hearings P) Notice of Filing Chapter 11 Petitions and Related Motions and Declarations re Tri-Valley Corporation, et al. (Copies to General Services and County Counsel) Q) Agenda for Joint City/County Standing Committee to Combat Gang Violence meeting on August 16, 2012 R) Agenda for Animal Control Commission meeting on August 15, 2012 S) Summary of Proceedings for Animal Control Commission meeting on July 18, ) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Letter from Rosedale-Rio Bravo Water Storage District re appointment of new directors, McAllister Ranch Irrigation District - REFERRED TO COUNTY COUNSEL B) Letter from Jeff Tensley, Superintendent, Elk Hills School District, re November 6, 2012 election to authorize sale of general obligation bonds - REFERRED TO ELECTIONS C) Letter from Kevin Silberberg, Standard School District, re November 6, 2012 election to authorize sale of general obligation bonds - REFERRED TO ELECTIONS

13 Summary of Proceedings Page 25 32) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Citizens Opposing a Dangerous Environment vs. County of Kern et al. (received August 9, 2012, 10:01 A.M.) - REFERRED TO B) Claim in the matter of Citizens Opposing a Dangerous Environment vs. County of Kern (received August 9, 2012, 3:12 P.M.) - REFERRED TO C) Claim in the matter of Gabino Estrada vs. County of Kern - REFERRED TO D) Claim in the matter of Ann Fowler vs. County of Kern - REFERRED TO E) Claim in the matter of Robert Martinez vs. County of Kern - REFERRED TO F) Claim in the matter of Jackie Olivo vs. County of Kern - REFERRED TO G) Amended claim in the matter of Jackie Olivo vs. County of Kern - REFERRED TO H) Claim in the matter of Dan Allen Robison and Amy Leilani Robison vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) I) Claim in the matter of Fredrick Charles Robinson vs. County of Kern - REFERRED TO J) Claim in the matter of Lisa Saldana vs. County of Kern - REFERRED TO K) Claim in the matter of Ryan Sherfey vs. County of Kern - REFERRED TO L) Claim in the matter of Silvestre Sital vs. County of Kern - REFERRED TO M) Claim in the matter of Larry Earl Thomas, Jr., vs. County of Kern - REFERRED TO N) Claim in the matter of James Gary Watson vs. County of Kern - REFERRED TO O) Claim in the matter of LaChana and Rupert Williams vs. County of Kern - REFERRED TO P) Stipulation Regarding Preparation of the Administrative Record in the matter of Sierra Club vs. County of Kern et al. - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) Q) Summons and Complaint in the matter of Kern County Pharmacy Collective Inc., and Dasa Green River Collective, Inc. vs. County of Kern - REFERRED TO ###