SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, October 5, :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 Watson); Community Action Partnership of Kern (Supervisor Maggard); Kern County Network for Children (Supervisor Rubio); Kern Economic Development Corporation (Supervisors Maggard and Watson); Southern California Water Committee (Supervisor Watson); and Tobacco Funding Corporation, Kern County (Supervisors McQuiston and Watson). BOARD RECONVENED 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 REPORT ON ACTIONS TAKEN IN CLOSED SESSION ON TUESDAY, OCTOBER 5, 2010, AT 9:00 A.M. - NO REPORTABLE ACTION TAKEN 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 NO ONE HEARD

2 Summary of Proceedings Page 11 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]) NO ONE HEARD HEARINGS DEVELOPMENT SERVICES AGENCY Planning and Community Development Department 3) Request from Ralph Huey by Eldon Venable to vacate a public access easement located south of Caliente Creek Road in Walker Basin (S.D. #2) Specific Request: A Nonsummary vacation of a public access easement known as Canton Way, which is for the exclusive use of Parcel Map 6682 and is located south of Caliente Creek Road in Walker Basin ( Streets and Highways) (General Rule, Section 15061(b)(3) ; Published Bakersfield Californian) OPENED HEARING; ALICE BRIGHTENBURG, SECRETARY- TREASURER, RANCHERIA HIGHLANDS PROPERTY OWNERS ASSOCIATION, INC., HEARD; CLOSED HEARING; PER PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION, ADOPTED RESOLUTION APPROVING VACATION OF ALL THAT PORTION OF PUBLIC ACCESS EASEMENT KNOWN AS CANTON WAY, RESERVING AND EXCEPTING AN EASEMENT FOR ANY EXISTING PUBLIC UTILITIES; DIRECTED CLERK OF THE BOARD NOT TO RECORD RESOLUTION UNTIL A MEMORANDUM IS RECEIVED FROM KERN COUNTY PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT INDICATING THAT A PRIVATE EASEMENT HAS BEEN RECORDED FOR THE BENEFIT OF THE PROPERTY OWNERS OF PARCELS 1 THROUGH 16 OF PARCEL MAP 6682 Maben-Rubio: All Ayes CA-4) Request from Motel Ioshpe to modify a precise development plan on 7,500 square feet located at 3779 North Sierra Highway, Rosamond (S.D. #2) Specific Request: (a) A modification of Precise Development Plan 16, Map (Notice of Decision ; approved December 6, 2007) which approved an off-site advertising sign in a C-2 PD District; (PD Plan #16, Map (b) #230-16) Zone Variance 7, Map (Notice of Decision ; approved December 6, 2007) which authorized a reduced setback and increased signage area for off-site advertising sign in a C-2 PD District, to amend and/or delete conditions of approval (ZV #7, Map #230-16) (Categorically Exempt, Section 15303; Published Rosamond Weekly News) OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION, ADOPTED RESOLUTION AND APPROVED REQUEST TO DELETE CONDITIONS (3)(A), (3)(B), (4)(B) AND (4)(C) OF PRECISE DEVELOPMENT PLAN 16, MAP AND CONDITIONS (1) AND (2) OF ZONE VARIANCE 7, MAP

3 Summary of Proceedings Page 12 5) Request from Syndex, LLC (original applicant - Kern County Planning and Community Development Department) to appeal the Planning Commission decision to immediately suspend mining and processing operations on 81 acres located approximately one mile west of Elk Hills Road, one mile south of the California Aqueduct, Buttonwillow area (S.D. #4) Specific Request: (a) An appeal to the August 12, 2010, decision of the Planning Commission (Resolution ) ordering the mine operator to immediately suspend all mining and processing operations until such a time as all the requisite materials are submitted for Conditional Use (b) Permit 4, Map 119; To consider enforcement proceedings for this conditional use permit (Conditional Use Permit 4, Map 119; Resolution ; approved November 14, 2002) due to noncompliance with its associated conditions of approval (Section and Section ) which allowed a surface mining and reclamation plan in accordance with the Surface Mining and Reclamation Act (SMARA) of 1975 (Section G) in an A H (Exclusive Agriculture - Airport Approach Height Combining) District (Appeal #1, Map #119) (Categorically Exempt, Section 15308; Published Midway Driller) OPENED HEARING; DAVID SILBERSTEIN, SYNDEX READY MIX LLC, HEARD; CLOSED HEARING; PER PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION, ADOPTED RESOLUTION DENYING APPEAL; APPROVED ENFORCEMENT ACTIONS AS RECOMMENDED BY STAFF; APPROVED FINDINGS FOR CONDITIONAL USE PERMIT 4, MAP 119; AND CONTINUED FURTHER ENFORCEMENT ACTIONS UNTIL NOVEMBER 9, 2010 DEPARTMENTAL REQUESTS DEVELOPMENT SERVICES AGENCY Engineering, Surveying and Permit Services Department Continued Hearing S.D. #1 CA-6) Continued hearing on request for a determination of a public nuisance and a petition to impose administrative penalties against David and Shirley Waters and Ronald Waters for violations at 8150 Scodie Park Road, Onyx, APN (Fiscal Impact: $14,800; Discretionary) (from 8/3/2010) - CONTINUED TO TUESDAY, NOVEMBER 30, 2010, AT 2:00 P.M.

4 Summary of Proceedings Page 13 Hearing S.D. #4 7) Public hearing on proposed Resolution ordering the extension of Zone of Benefit Nos. 3, 5 and 10 within County Service Area No. 71 and establishing assessments with an escalation clause for Zone of Benefit Nos. 3, 5 and 10 within County Service Area No. 71, determining to adopt an Ordinance enacting assessments for the area included within the boundaries extended herein, located north of Brimhall Road and west of Heath Road, Parcel Map and APN No , west Bakersfield (Fiscal Impact: $884; CSA s; Budgeted; Mandated) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; TABULATED BALLOTS; CONFIRMED THAT MAJORITY OF BALLOTS SUBMITTED ARE IN FAVOR OF ASSESSMENTS WITH AN ESCALATION CLAUSE; ENACTED ORDINANCE G-8094 ESTABLISHING ASSESSMENTS; ADOPTED RESOLUTION APPROVING ENGINEERING, SURVEYING & PERMIT SERVICES DEPARTMENT DIRECTOR S REPORT AND APPROVING AN ANNUAL ASSESSMENT NOT TO EXCEED $130 PER PARCEL FOR STREET LIGHT MAINTENANCE; $12 PER PARCEL FOR SEPTIC MONITORING; $100 PER PARCEL FOR STREET SWEEPING; $200 PER PARCEL FOR MULTI-USE TRAIL, LANDSCAPE AND WALL MAINTENANCE; AND APPROVING A CPI ESCALATION CLAUSE; DETERMINING TO ADOPT AN ORDINANCE ENACTING ASSESSMENTS FOR AREA INCLUDED WITHIN BOUNDARIES EXTENDED HEREIN; ORDERING EXTENSION OF ZONE OF BENEFIT NOS. 3, 5 AND 10 AND ESTABLISHING FORMULA FOR SETTING AN ASSESSMENT FOR FUTURE YEARS IN ZONE OF BENEFIT NOS. 3, 5 AND 10 WITHIN COUNTY SERVICE AREA NO. 71, PARCEL MAP AND APN NO Maben-Rubio: All Ayes DEVELOPMENT SERVICES AGENCY Roads Department S.D. #2 CA-8) Contract No , Notice of Completion with Granite Construction Company for construction on K Street from State Route 58 to Oak Creek Road, Mojave (Fiscal Impact: None) - RECEIVED AND FILED S.D. #3 CA-9) Proposed two-hour parking zones on North Chester Avenue, between 8 a.m. and 8 p.m., except on Sundays, along west side of North Chester Avenue beginning at northwest curb return at Lincoln Avenue, thence northerly for a distance of fifty-eight (58) feet and on west side of North Chester Avenue beginning at a point eighty-three (83) feet north of northwest curb return at Lincoln Avenue, thence northerly for a distance of fifty-three (53) feet (Fiscal Impact: None) - APPROVED; REFERRED TO COUNTY COUNSEL FOR PREPARATION OF ORDINANCE

5 Summary of Proceedings Page 14 WASTE MANAGEMENT All S.D. s 10) Report concerning expense reduction and fiscal forecast update (Fiscal Impact: $510,000 Savings; Solid Waste Enterprise Fund; Budgeted; Discretionary) - DIRECTED STAFF TO CEASE PURSUIT OF CERTIFICATES OF PARTICIPATION; APPROVED REVISIONS TO PREVIOUSLY APPROVED EXPENSE REDUCTION MEASURES; REFERRED TO STAFF TO DEVELOP AN ALTERNATIVE COLLECTION FEE TO BE PLACED ON THE TAX ROLL FOR RESIDENTIAL PROPERTIES SERVED BY KEENE AND RANDSBURG BIN SITES AND RETURN TO BOARD FOR IMPLEMENTATION CONSISTENT WITH PROPOSITION 218 REQUIREMENTS Rubio-McQuiston: All Ayes COUNTY ADMINISTRATIVE OFFICE CA-11) CA-12) CA-13) CA-14) Transfer of property tax entitlement related to City of Bakersfield Annexation No. 601, LAFCO Proceeding No (Fiscal Impact: FY $493 General Fund; Discretionary) - APPROVED; ADOPTED RESOLUTION Transfer of property tax entitlement related to City of Bakersfield Annexation No. 626, LAFCO Proceeding No (Fiscal Impact: FY $13,213 General Fund; Discretionary) - APPROVED; ADOPTED RESOLUTION Proposed amendment to membership qualification bylaw as requested by the Citizens Advisory Committee on Annexations to provide one nominee from each Supervisor and two members at large nominated by any member of the Board (Fiscal Impact: None) - APPROVED Proposed Resolution supporting "Get Connected!" program to close digital divide (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION ; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE Legislative Matter 15) Proposition 21: State Parks Initiative, which proposes an $18 annual vehicle license surcharge to help fund State parks and wildlife programs (Fiscal Impact: None) - DENNIS FOX HEARD; ADOPTED POSITION IN OPPOSITION; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE McQuiston-Rubio: 4 Ayes; 1 No - Maben

6 Summary of Proceedings Page 15 COUNTY ADMINISTRATIVE OFFICE General Services Division S.D. s #1 & #4 CA-16) Identify apparent low bid and proposed Agreement with Gospich Construction Company for the playground improvements at Hart and Ford City Parks, in an amount not to exceed $108,000 ( ) (Fiscal Impact: $108,000; General Fund; Capital Projects; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT S.D. #2 CA-17) Identify apparent low bid and proposed Agreement with Brown and Fowler Construction, Inc., for water park improvements at Mojave Park East, in an amount not to exceed $338,504 ( ) (Fiscal Impact: $338,504; Community and Development Block Grant Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT S.D. #4 18) Response to referral of September 14, 2010 concerning comments submitted by Catherine King concerning loss of Heritage Oak trees and subsequent payments to construction contractor included in Change Order No. 4 regarding the new Frazier Park Branch Library ( ) (Fiscal Impact: None) - RECEIVED AND FILED Rubio-McQuiston: All Ayes S.D. #5 CA-19) Change Order No. 12 for the new Central Plant at Kern Medical Center, an increase of $12,076, for a new total of $11,093,240; and request for approval of a resolution to dispense with bidding requirements for Change Orders in excess of 10 percent of contract amount ( ) (Fiscal Impact: $12,076; Kern Medical Center C.O.P. Fund; Budgeted; Discretionary) - APPROVED; ADOPTED RESOLUTION ; AUTHORIZED CHAIRMAN TO SIGN CA-20) Request for emergency project at Kern Medical Center to repair the exterior awnings ( ) (Fiscal Impact: $44,600; Kern Medical Center Enterprise Fund; Not Budgeted; Discretionary) - RECEIVED AND FILED REPORT; APPROVED BUDGET TRANSFER; AUTHORIZED ASSISTANT COUNTY ADMINISTRATIVE OFFICER FOR GENERAL SERVICES TO EXECUTE AGREEMENT; ADOPTED RESOLUTION ; AUTHORIZED ASSISTANT COUNTY ADMINISTRATIVE OFFICER TO WAIVE ADVERTISING AND BIDDING PROCEDURES AND EXECUTE CONSTRUCTION CONTRACT

7 Summary of Proceedings Page 16 All S.D.;s CA-21) Bid documents for the Job Order Contract (Phase 13) (Various Projects) (Fiscal Impact: $500,000; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED GENERAL SERVICES TO PUBLISH PURSUANT TO PUBLIC CONTRACT CODE SECTION 20125; BID OPENING TO BE FRIDAY, OCTOBER 22, 2010 AT 9:00 A.M. MATTERS FOR EXECUTIVE APPROVAL CA-22) Budget Transfers - APPROVED NOS. 024 THROUGH 026 CA-23) CA-24) CA-25) Minutes for week of August 30, APPROVED Miscellaneous Letters and Documents - APPROVED Letters Received and Referred by Clerk of the Board - APPROVED AND FILED CA-26) Claims and Lawsuits filed with and referred by Clerk of the Board - APPROVED AND FILED ADJOURNED TO MONDAY, OCTOBER 11, 2010, AT 2:00 P.M., AT KERN MEDICAL CENTER Rubio /s/ Kathleen Krause Clerk of the Board /s/ Ray Watson Chairman, Board of Supervisors

8 Summary of Proceedings Page 17 24) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED Clerk of the Board A) Resignation letter from Roland Maier resigning from Children and Families Commission (Copies to each Supervisor, CAO and County Counsel) Employers Training Resource B) Workforce Investment Act On-the-Job Training Agreements: 1) Destination AV, LLC dba Cafà 58 dba Cafà 58, WIA Title 201, dated August 2, ) Econo Air, Inc., WIA Title 501, dated August 2, ) Econo Air, Inc., WIA Title 201, dated September 8, ) Everett Gray & Sons, Inc., dba Dreammaker Bath & Kitchen by Worldwide of Bakersfield, WIA Title 201, dated August 16, ) Helio Tek Corporation, WIA Title 501, dated August 5, ) Helio Tek Corporation, WIA Title 201, dated August 23, ) Helio Tek Corporation, WIA Title 501/940, dated August 25, ) Helio Tek Corporation, WIA Title 201, dated September 2, ) Leevia Hernandez dba Levie s Alteration & Tailoring, WIA Title 501/943, dated August 16, ) Pokey Bones, LLC dba Faast Pharmacy, WIA Title 201, dated August 20, ) Price s Truck Repair, Inc., WIA Title 201, September 7, ) Railex, LLC dba Railex, WIA Title 501, dated August 4, ) Southern Sierra General Engineering, Inc., WIA Title 201, dated August 17, ) R.A. White, Inc., WIA Title 501/167, dated August 16, 2010 Engineering, Surveying and Permit Services C) Response to request from Brandon Childers, Professional Finders, re release of Trust Fund deposit on behalf of Meritage Homes Corporation for Tract 6214, Phase 2 Local Agency Formation Commission D) Kern-Tulare Water District Detachment Agreement (Detachment X) with Anna Vigus Sanacore (Copies to each Supervisor, CAO, Development Services Agency and Auditor-Controller) E) Resolution No Corrected, Proceeding No. 1608, in the matter of Arvin Community Service District, Annexation No. 4 (Copies to each Supervisor, CAO and Development Services Agency) Miscellaneous F) Letter from California Department of Mental Health re completion of Medi- Cal Oversight onsite review of Kern County s Mental Health Plan (Copies to each Supervisor and CAO) G) Letter from Lieutenant Carrillo, California Highway Patrol re Hazardous Materials Incident Report on September 13, 2010 on 700 block of East Warren Avenue (Copies to each Supervisor, CAO, Fire-Hazmat, and Environmental Health Services)

9 Summary of Proceedings Page 18 H) Letter from Sherrie Fonbuena, State Fish and Game Commission, re notice of proposed regulatory action relative to public hearings relating to marine protected areas (Copies to each Supervisor, CAO and Development Services Agency) I) Letter from Ramon Hirsig, State Board of Equalization, to County Assessor re meeting to discuss issues relating to the administration of property assessment and taxation laws (Copies to each Supervisor, CAO and Assessor) J) Letter from State Compensation Insurance Fund re Workers Compensation insurance policy for Ebony Counseling Center (Copy to General Services) K) Letter from Robert Bylsma, Senior Regional Environmental Counsel, Union Pacific Railroad Company, Keene Water System, re filing tariff schedules to the Public Utilities Commission (Copies to each Supervisor, CAO, General Services, Environmental Health Services and County Counsel) L) Documents from Michael Turnipseed, KernTax, re comparing retirement pay schedules between Kern County and City of Bakersfield retirees (Copies to each Supervisor, CAO, Retirement and County Counsel) M) from Harry Pope and letter from Hidden Oaks Association re opposition to Greater Tehachapi Area Specific Plan (Copies to each Supervisor, CAO, Planning and County Counsel) N) from Jean and Ron Desilets re opposition to Greater Tehachapi Area Specific Plan (Copies to each Supervisor, CAO, Planning and County Counsel) O) from Pam Devries re support of developing an oak tree ordinance in Frazier Park (Copies to each Supervisor, CAO, Planning and County Counsel) P) from Janine Tominaga re support of developing an oak tree ordinance in Frazier Park (Copies to each Supervisor, CAO, Planning and County Counsel) Q) from David Maestas re training services at Career Services Center (Copies to each Supervisor, CAO and Employers Training Resources) R) from Joseph Smith re employee retirement contribution (Copies to each Supervisor and CAO) S) Press release from Kern County Water Agency re ribbon cutting ceremony and reception of Henry C. Garnett Water Purification Plant (Copies to each Supervisor and CAO) T) Notice from Quality Loan Service Corp. re Notice of Trustee s Sale, Manuela Ibarra (Copy to General Services- Property Management) U) Notice from CR Title Services Inc., re Notice of Default and Election to Sell under Deed of Trust, Marc S, Lipman (Copy to General Services-Property Management)

10 Summary of Proceedings Page 19 V) Notice from State Water Resources Board re Petitions for temporary change involving the transfer/exchange of up to 220,000 acre-feet of water under the Department of Water Resources Permit and the specified license and permits of the United Sates Bureau of Reclamation (Copy to each Supervisor, CAO, Development Services Agency, and County Counsel) W) Notice from State Alcoholic Beverage Control for alcoholic beverage license from: Taft Highway Chevron, 1999 Taft Highway, Bakersfield (Copies to each Supervisor, CAO, Environmental Health Services and Planning) X) Minutes of Regular Commission on Aging meeting from July 19, ) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Letter from Mary Grisaffi, Risk Management, EOG Resources, re EOG no longer doing business in the State of California and requesting release of Franchise Bond - REFERRED TO GENERAL SERVICES-PROPERTY MANAGEMENT B) Letter from Andrew Hayley, 4th grade student from Livermore, requesting information about Kern County - REFERRED TO BOARD OF TRADE C) from Dana Mite re ongoing problems with Rapid Cable/CalNeva services to customers in Pine Mountain Club area - REFERRED TO GENERAL SERVICES (Copies to each Supervisor, CAO and County Counsel) 26) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY THE CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Bill McCain vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) B) Claim in the matter of Rosemarie Ruiz vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) C) Order Setting Mandatory Scheduling Conference in the matter of Sophia Lopez vs. Renee Richardson, et al. - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) D) Summons and Complaint in the matter of David Derr vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) E) Summons and Complaint in the matter of Karen K. Frye vs. Kern County, et al. - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) F) Summons and Complaint in the matter of Mayra Guzman, individually and as the Guardian ad Litem for Abraham Ines; and Luis Ines vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) ###