SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN BOARD RECONVENED 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, May 12, :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 REPORT ON ACTIONS TAKEN IN CLOSED SESSION ON TUESDAY, MAY 12, 2009, AT 9:00 A.M. Item No. 26 concerning request for Closed Session regarding public employee interviews - Title: Fire Chief (Government Code Section 54957) - SUPERVISOR MCQUISTON ANNOUNCED THE APPOINTMENT OF NICK DUNN AS FIRE CHIEF AND DIRECTOR OF EMERGENCY SERVICES, EFFECTIVE IMMEDIATELY; NICK DUNN HEARD PUBLIC REQUESTS 1) Request of Ronald Brummett, Executive Director, Kern Council of Governments, to address the Board regarding SB 375 concerning transportation planning - RONALD BRUMMETT HEARD; RECEIVED AND FILED; DIRECTED COUNTY ADMINISTRATIVE OFFICE TO PREPARE A LETTER FOR THE CHAIRMAN S SIGNATURE TO THE CALIFORNIA AIR RESOURCES BOARD REQUESTING SOUTHERN SAN JOAQUIN VALLEY REPRESENTATION TO THE REGIONAL TARGET ADVISORY COMMITTEE Rubio-Watson: 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

2 Summary of Proceedings Page 14 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]) SUPERVISOR RUBIO HEARD REGARDING CURRENT WATER EMERGENCY DECLARATION DEPARTMENTAL REQUESTS RESOURCE MANAGEMENT AGENCY Planning Department Land Use S.D. #2 CA-4) Proposed rescission of a portion of an existing Williamson Act Land Use Contract and simultaneous approval of proposed Williamson Act Land Use Contract No with Robert R. Schultz Family Trust for 2010 Calendar Year, Agricultural Preserve No. 18, 162 acres (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; DIRECTED CLERK OF THE BOARD TO RECORD Miscellaneous S.D. s #2 & #4 CA-5) Request for letter of support for the Semitropic-Rosamond Water Bank Authority application for grant funding through the Bureau of Reclamation Challenge Grant Program: Recovery Act of 2009 Water Marketing and Efficiency Grants (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN RESOURCE MANAGEMENT AGENCY Community and Economic Development Department Hearings All S.D. s CA-6) Public Hearing regarding the County of Kern Fiscal Year Annual Action Plan for Community Development Programs and the County s performance with respect to planning and administering the Community Development Block Grant Program (CDBG), Home Investment Partnerships Program (HOME), and Emergency Shelter Grant (ESG) Program (Fiscal Impact: $8,251,759; CDBG, HOME, and ESG Programs; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; APPROVED ACTION PLAN; AUTHORIZED CHAIRMAN TO SIGN STANDARD FEDERAL APPLICATION FORM AND CERTIFICATIONS; AUTHORIZED DIRECTOR TO MAKE ANY MINOR REVISIONS NECESSARY TO ACTION PLAN FOR CONSISTENCY, CHANGES IN RESPONSE TO DIRECTIVES OF YOUR BOARD, AND/OR AS MAY BE REQUIRED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AUTHORIZED SUBMISSION OF ACTION PLAN DOCUMENTS TO HUD

3 Summary of Proceedings Page 15 7) Public Hearing for proposed substantial amendment to the County of Kern s Fiscal Year Annual Action Plan to include Homelessness Prevention and Rapid Re-Housing Program activities (Fiscal Impact: $2,076,503; Federal Grant; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; APPROVED AMENDMENT; AUTHORIZED CHAIRMAN TO SIGN STANDARD FEDERAL APPLICATION FORM AND CERTIFICATIONS; AUTHORIZED DIRECTOR TO MAKE ANY MINOR REVISIONS NECESSARY TO AMENDMENT FOR CONSISTENCY, CHANGES IN RESPONSE TO DIRECTIVES OF YOUR BOARD, AND/OR AS MAY BE REQUIRED BY HUD; AUTHORIZED DIRECTOR TO SUBMIT ALL RELATED DOCUMENTATION TO HUD Rubio-Maben: All Ayes RESOURCE MANAGEMENT AGENCY Engineering and Survey Services Hearings S.D. #4 8) Request for a determination of a public nuisance and a petition from Engineering & Survey Services Department to abate a public nuisance involving the demolition of abandoned and dangerous structures, removal of vehicles and the clean-up of the property located at Cloud Avenue, Derby Acres, APN (Fiscal Impact: $15,000; Budgeted; General Fund; Discretionary) - OPENED HEARING; KIMBER PATTON, REPRESENTING THE PROPERTY OWNER, HEARD; CLOSED HEARING; CONTINUED TO TUESDAY, JUNE 16, 2009, AT 2:00 P.M. Watson-Maben: All Ayes 9) Request for a determination of a public nuisance and a petition from Engineering & Survey Services Department to abate a public nuisance involving the demolition of abandoned and dangerous structure and the clean-up of the property located at 1003 Steven Street, Taft, APN (Fiscal Impact: $15,000; Budgeted; General Fund; Discretionary) - OPENED HEARING; RYAN VANTREES, MARICOPA PROPERTIES, LLC, HEARD; CLOSED HEARING; RECEIVED AND FILED; CONTINUED TO TUESDAY, JUNE 16, 2009, AT 2:00 P.M. Watson-Rubio: All Ayes S.D. #4 CA-10) Request for release of Faithful Performance Security for street, water and sewer improvements one-year guarantee period and release of Laborers and Materialmen Security, Tract 6027, Units 1 and 2, south of Palm Avenue, between Heath Road and Rudd Avenue, western Rosedale, Heath Road Partners, LLC (Fiscal Impact: None) - APPROVED; RELEASED FAITHFUL PERFORMANCE BOND NO , IN THE AMOUNT OF $75,858, UNDERWRITTEN BY INSURANCE COMPANY OF THE WEST; RELEASED LABORERS AND MATERIALMEN BOND NO , IN THE AMOUNT OF $365,118, UNDERWRITTEN BY INSURANCE COMPANY OF THE WEST

4 Summary of Proceedings Page 16 CA-11) Request for release of Monument Security, Tract 6145, west side of Patrick Lane, south of Hageman Road, northwest Bakersfield, Bulldog Land Company, Inc. (Fiscal Impact: None) - APPROVED; RELEASED MONUMENT SECURITY (CASH DEPOSIT); AUTHORIZED AUDITOR- CONTROLLER-COUNTY CLERK TO ISSUE A WARRANT IN THE AMOUNT OF $3,200 TO SUBDIVIDER, BULLDOG LAND COMPANY, INC. RESOURCE MANAGEMENT AGENCY Environmental Health Services All S.D. s CA-12) CA-13) CA-14) Proposed amendment to Section of the Kern County Ordinance Code related to fees for employee housing (Fiscal Impact: None) - WAIVED READING; INTRODUCED ORDINANCE Consideration of proposed amendment to Chapter 8.48 of the Kern County Ordinance Code related to underground storage tanks (Fiscal Impact: None) - WAIVED READING; INTRODUCED ORDINANCE; DIRECTED COUNTY COUNSEL TO PREPARE AND CLERK OF THE BOARD TO PUBLISH A SUMMARY OF PROPOSED ORDINANCE Consideration of proposed amendment to Chapter 8.04 of the Kern County Ordinance Code to include additional definitions, updates to existing definitions and clarification to the permit suspension process (Fiscal Impact: None) - WAIVED READING; INTRODUCED ORDINANCE; DIRECTED COUNTY COUNSEL TO PREPARE AND CLERK OF THE BOARD TO PUBLISH A SUMMARY OF PROPOSED ORDINANCE 15) Performance Incentive Program policy and consideration of ordinance proposing reduction in Environmental Health Permit fees (Fiscal Impact: None) - DR. TED GUTH, CONSULTANT; DEBBIE MORENO, GREATER BAKERSFIELD CHAMBER OF COMMERCE; AND JOEL SHERMAN, GRIMMWAY FARMS, HEARD; RECEIVED AND FILED PERFORMANCE INCENTIVE PROGRAM POLICY; WAIVED READING; INTRODUCED ORDINANCE; SET HEARING FOR TUESDAY, JUNE 2, 2009, AT 2:00 P.M.; DIRECTED COUNTY COUNSEL TO PREPARE AND CLERK OF THE BOARD TO PUBLISH NOTICE OF HEARING AND A SUMMARY OF PROPOSED ORDINANCE Rubio-Watson: All Ayes

5 Summary of Proceedings Page 17 RESOURCE MANAGEMENT AGENCY Roads Department Continued Hearing All S.D. s NOTE: SUPERVISOR RUBIO LEFT THE MEETING PRIOR TO THE VOTE ON ITEM NO ) Continued hearing of Phase IV update of Capital Improvement Plan for the Metropolitan Bakersfield Transportation Impact Fee Program (Fiscal Impact: Unknown) (from 4/28/2009) - REOPENED HEARING; RONALD BRUMMETT, EXECUTIVE DIRECTOR, KERN COUNCIL OF GOVERNMENTS; RAUL ROJAS, PUBLIC WORKS DIRECTOR, CITY OF BAKERSFIELD; BOB DECKER, INTERIM EXECUTIVE OFFICER, HOME BUILDERS ASSOCIATION; AND ROGER MCINTOSH, MCINTOSH AND ASSOCIATES, HEARD; RECEIVED AND FILED; CONTINUED TO TUESDAY, MAY 19, 2009, AT 2:00 P.M. Maggard-Watson: 4 Ayes; 1 Absent - Rubio S.D. #2 CA-17) Contract No , identify apparent low bid of Bowman Asphalt, Inc., for construction on Wheeler Ridge Road from 600 feet north of First Street to David Road, Bakersfield, in an amount not to exceed $692, (Fiscal Impact: $692,794.58; Federal CMAQ Funds; Budgeted; Discretionary) - IDENTIFIED APPARENT LOW BID; AUTHORIZED ROADS TO PREPARE NECESSARY CONTRACT DOCUMENTS AND RELEASE ALL OTHER BID GUARANTEES S.D. #5 CA-18) Contract No , identify apparent low bid of Griffith Company for construction on Fairfax Road at State Route 58 traffic signal and lighting system, Bakersfield, in an amount not to exceed $252,180 (Fiscal Impact: $252,180; Metropolitan Bakersfield Transportation Impact Fee Program; Budgeted; Discretionary) - IDENTIFIED APPARENT LOW BID; AUTHORIZED ROADS TO PREPARE NECESSARY CONTRACT DOCUMENTS AND RELEASE ALL OTHER BID GUARANTEES CA-19) Contract No Plans, Specifications and Notice to Contractors for construction on Zephyr Lane from Sterling Road to Fairfax Road, Bakersfield (Fiscal Impact: $730,000; Proposition 1B Funds; Budgeted; Discretionary) - MADE FINDING THAT PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF CEQA, PER SECTION 15302(C) OF STATE CEQA GUIDELINES; 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, JUNE 10, 2009, AT 11:00 A.M.

6 Summary of Proceedings Page 18 CA-20) Proposed Contract No with Concrete Cutting Unlimited, Inc., for construction on Crawford Street, Water Street, and Jeffrey Street from Alta Vista Drive to North Inyo, Bakersfield, in an amount not to exceed $105, (Fiscal Impact: $105,867.74; Community Development Block Grant Funds; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT All S.D. s CA-21) Proposed retroactive Amendment No. 3 to Personal/Professional Services Agreement with Higher Ground Engineering and Land Surveying for increased survey services connected with northbound on-ramp from Olive Drive to Highway 99, an increase of $5,000, for a new total not to exceed $78,500 (Fiscal Impact: $5,000; Road Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT COUNTY ADMINISTRATIVE OFFICE CA-22) State Auditor report on temporary workers in local government (Fiscal Impact: None) - RECEIVED AND FILED CA-23) Proposed accounting actions necessary to establish accounts and lines of credit for 2009 Certificates of Participation (COP) projects as follows: establish line of credit from ACO-General to 2009 COP Capital Project Fund for construction of facility projects in an amount not to exceed $1,000,000; increase in line of credit from Metropolitan Bakersfield Non- Core Transportation Impact Fee Fund to 2009 COP Capital Project Fund for construction of local transportation projects, in an amount not to exceed $2,000,000 and to Seventh Standard Road Widening Project Fund 00220, in an amount not to exceed $2,000,000; request for authorization for Auditor-Controller-County Clerk to take necessary accounting actions to establish projects and appropriations (Fiscal Impact: $76,063,459) - APPROVED COUNTY ADMINISTRATIVE OFFICE General Services Division S.D. #1 CA-24) CA-25) Change Order No. 3 for the boat launch, restroom, parking lot and lighting at Lake Ming, an increase of $14,523, for a new total of $1,306,290 ( ) (Fiscal Impact: $14,523; General Fund; Capital Projects; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN Request to set hearing for granting of pipeline franchise to Chevron U.S.A., Inc. (Fiscal Impact: $1,200 Renewal Fee; $6,992 Revenue; General Fund; Budgeted; Discretionary) - ADOPTED RESOLUTION SETTING HEARING FOR TUESDAY, JUNE 16, 2009, AT 2:00 P.M.; DIRECTED CLERK OF THE BOARD TO PUBLISH NOTICE

7 Summary of Proceedings Page 19 S.D. #2 CA-26) Request to set hearing for purchase of acres of land near the Mojave-Rosamond landfill site from Tamara Steinsapir for the purpose of a buffer between the landfill and surrounding properties, in the amount of $50,000, plus $1,250 for closing and advertising costs (Fiscal Impact: $51,250; Solid Waste Enterprise Fund; Budgeted; Discretionary) - ADOPTED RESOLUTION SETTING HEARING FOR TUESDAY, JUNE 9, 2009, AT 2:00 P.M.; DIRECTED CLERK OF THE BOARD TO PUBLISH NOTICE OF PUBLIC HEARING THREE TIMES S.D. #3 CA-27) Proposed Easement Deed to Pacific Gas and Electric for installation and maintenance of facilities for distribution of electric energy on the west side of Meadows Field Airport (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; AUTHORIZED CHAIRMAN TO SIGN All S.D. s CA-28) Proposed Amendment No. 1 to the Job Order Contract Phase 11 (Agreement ) with Ladco Construction, an increase of $2,500,000, for a new total not to exceed $3,000,000 (Various Projects) (Fiscal Impact: $2,500,000; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT MATTERS FOR EXECUTIVE APPROVAL CA-29) Budget Transfers - APPROVED NOS. 288 THROUGH 300 CA-30) CA-31) CA-32) Minutes for week of April 20, APPROVED Miscellaneous Letters and Documents - APPROVED Miscellaneous Departmental Referrals by Clerk of the Board - APPROVED AND FILED CA-33) Claims and Lawsuits filed with and referred by Clerk of the Board - APPROVED AND FILED

8 Summary of Proceedings Page 20 ADJOURNED TO TUESDAY, MAY 19, 2009, AT 9:00 A.M. Watson /s/ Kathleen Krause Clerk of the Board /s/ Jon McQuiston Chairman, Board of Supervisors

9 Summary of Proceedings Page 21 31) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED Board of Supervisors A) Letters to Representatives Kevin McCarthy and Jim Costa re request for Federal Appropriations to assist in completing State Route 46 Expressway (Copies to each Supervisor, CAO and Roads) Clerk of the Board B) Monthly Referral Report, April 2009 C) from Christopher A. Lewis re resignation from the Behavioral Health Board (Copies to each Supervisor, CAO and Mental Health) D) Received, certified and transmitted to Recorder for recordation as follows: 1) Parcel Map S.D. #1 Community & Economic Development E) County Loan Agreement, HOME Investment Partnerships Program, First Time Home Buyers Mortgage Assistance Program, with Mitchell W. Crowe and Brandi-Lee M. Crowe F) County Loan Agreement, HOME Investment Partnerships Program, Owner Rehabilitation Program, with Dana Isaac Local Agency Formation Commission G) Resolution 09-15, Proceeding No. 1576, in the matter of City of Bakersfield, Annexation No. 603; North of the River Sanitary District No. 1, Annexation No. 93, Reorganization (Verdugo No. 1) (Copies to each Supervisor, CAO and Resource Management Agency) H) proposed budget (copies to each Supervisor and CAO) Treasurer-Tax Collector I) Pooled Cash Portfolio Reporting for Quarter Ended March 31, 2009 J) Letter re rescheduling of sale of Parcel to the Wasco Redevelopment Agency per Kern County Agreement approved by the Board on Tuesday, February 3, 2009 (Copies to CAO, Auditor and County Counsel) Miscellaneous K) Letter from Linda Lunsford, City of California City, in support of the Garlock Pit/Service Rock Mine development in East Kern (Copies to each Supervisor, CAO, Planning and County Counsel) L) Letter from B. M. Smith, California Highway Patrol, re Hazardous Materials Incident Report on Monday, March 30, 2009, on Famoso-Porterville Highway, north of Cecil Avenue (Copies to each Supervisor, CAO, Environmental Health and Fire-Haz Mat) M) Letter from Maja K. Haium, Downey Brand Attorneys, LLC, re petition for temporary transfer of River Garden Farms Company (License 1718; Application 575) to 2009 Drought Water Bank (Copies to each Supervisor, CAO and Resource Management Agency)

10 Summary of Proceedings Page 22 N) from James Grasty, Designated Driver, Inc., re suggestions for collection of fees charged to DUI offenders for designated driver-for-hire service in Bakersfield (Copies to each Supervisor, CAO, Sheriff and County Counsel) O) from Robert and Coleen Van Tassel re issues at track meets held at Liberty High School (Copies to each Supervisor and CAO) P) from Renae Guerrero, Kern Health Systems, re Kern Health Systems Management Discussion and Analysis, 2008 Annual Financials; Insurance Risk Reserve Analysis Report dated April 2008; Group Health Plan Discussion and Analysis, 2008 Annual Financials; and Insurance Risk Reserve Analysis Report dated May 2008 for Kern Health Systems Group Health Plan (Copies to each Supervisor, CAO and County Counsel) Q) from Chris Horgan re Piute Fire Restoration Field Trip on Saturday, May 16, 2009 (Copies to each Supervisor and CAO) R) News release from U.S. Forest Service, Los Padres National Forest, re reopening of areas burned in 2008 fires (Copies to each Supervisor, CAO and Fire) S) Notice from State Fish and Game Commission re candidacy status for the Pacific Fisher as an endangered or threatened species (Copies to each Supervisor, CAO, Resource Management Agency and County Counsel) T) Notice of Default and Election to Sell Under Deed of Trust from NDEx West, LLC, re property of Don Favela, 733 Sunset Meadow Lane, Bakersfield, Trustee Sale No , Title Order No (Copy to Property Management) U) Notice from State Department of Alcoholic Beverage Control re applications for alcoholic beverage licenses from: Fiesta Dollar Market, 2011 Niles Street, Bakersfield; Short Stop, 1415 W. Rosamond Boulevard, Rosamond; Dive Bar, 1821 S. Chester Avenue, Bakersfield; Petro Travel Plaza, 5818 Dennis McCarthy Drive, Wheeler Ridge; Petro Travel Plaza, 5855 Dennis McCarthy Drive, Arvin; and Los Molcajeetes, 5303 Olive Drive, Bakersfield (Copies to each Supervisor, CAO, Planning and Environmental Health) V) Agenda of meeting from California Regional Water Quality Control Board, Lahontan Region, on Wednesday and Thursday, May 13 and 14, 2009 (Copies to each Supervisor and CAO) W) Agenda of meeting from Kern County Citrus Pest Control District, on Wednesday, May 6, 2009 X) Agenda of meeting from In-Home Supportive Services Advisory Committee on Thursday, May 14, 2009 Y) Minutes of meeting from In-Home Supportive Services Advisory Committee on Thursday, March 12, ) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Letter from Colleen A. McGauley, Court Appointed Special Advocates of Kern County (CASA), re request for support in Fiscal Year REFERRED TO BUDGET FILE (Copies to each Supervisor and CAO)

11 Summary of Proceedings Page 23 33) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY THE CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Joseph Ryan, Jr. vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) B) Claim in the matter of Shawn Marie McDougal vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) C) Claim in the matter of Renee Josephine Aguilar vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) D) Claim in the matter of Phillip Aguilar vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) E) Claim in the matter of Corrin Bankard vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) F) Claim in the matter of AV Roofing vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) G) Claim in the matter of Thomas and Cynthia Caban vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)