SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, August 10, :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, AUGUST 20, 2010, AT 9:00 A.M. - 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! TED JAMES, DIRECTOR, DEVELOPMENT SERVICES AGENCY, HEARD REGARDING PETITION PROPOSING THE DESIGNATION OF CRITICAL HABITAT FOR THE SAN JOAQUIN KIT FOX; RECEIVED AND FILED Maben-Maggard: All Ayes ROY HALL HEARD REGARDING COUNTY EMPLOYEE LABOR NEGOTIATIONS

2 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 RUBIO THANKED COUNTY STAFF INVOLVED WITH THE RIBBON CUTTING/GROUNDBREAKING CEREMONY FOR THE SKATE PARK IN EAST BAKERSFIELD CONTINUED HEARING DEVELOPMENT SERVICES AGENCY Planning and Community Development Department CA-3) Request from Alice Parnell and Simon Arenas by Thomas Roody, PE, to vacate a portion of Chester Frontage Avenue in Oildale located at Chester Frontage Avenue, north of China Grade Loop, Oildale (S.D. #1) Specific Request: A Nonsummary Vacation of a portion of excess street right-of-way along Chester Frontage Avenue in Oildale ( Streets and Highways) (General Rule, Section 15061(b)(3); Published Bakersfield Californian) (from 7/13/2010) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION, ADOPTED RESOLUTION APPROVING VACATION AS PROPOSED, RESERVING AND EXCEPTING AN EASEMENT FOR EXISTING PUBLIC UTILITIES AND REMOVING THIS ROAD SEGMENT FROM THE COUNTY ROAD SYSTEM; DIRECTED CLERK OF THE BOARD TO RECORD RESOLUTION WHEN A MEMORANDUM IS RECEIVED FROM THE KERN COUNTY PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT INDICATING THAT (A) AN ACCESS EASEMENT HAS BEEN RECORDED TO PROVIDE LEGAL ACCESS FOR ASSESSOR PARCEL NUMBERS , 14, AND 15 AND (B) APPLICANT HAS CONSTRUCTED A FULL-HEIGHT CURB, GUTTER, AND RETURN ALONG THE NORTH HALF OF THE EASTERLY END OF CHESTER FRONTAGE AVENUE, PER DEVELOPMENT STANDARDS OF THE KERN COUNTY ROADS DEPARTMENT HEARINGS DEVELOPMENT SERVICES AGENCY Planning and Community Development Department CA-4) Request from Terry Houchin by Delmarter and Deifel to change the permitted uses from limited agriculture to light industrial on 2.37 acres located on the north side of Downing Avenue, 3/8 mile east of Coffee Road, Bakersfield (S.D. #3) Specific Request: A change in zone classification from A-1 to M-1 or a more restrictive district (ZCC #81, Map #102-21) (General Rule, Section 15061(b)(3); Published Bakersfield Californian) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED RESOLUTION AND ENACTED ORDINANCE G-8072 APPROVING ZONE CHANGE AS REQUESTED

3 Summary of Proceedings Page 14 CA-5) Request from Rosedale and Renfro, LP, to change the permitted uses for development of a shopping center on 26 acres located on the northeast corner of Rosedale Highway (State Route 58) and Renfro Road, west of the City of Bakersfield (S.D. #4) Specific Request: A Precise Development Plan for development of a shopping center that includes up to 11 commercial building pads, including a Target with an outdoor garden center in M-1 PD and C-2 PD Districts (PD Plan #6, Map #101-23) (Environmental Impact Report; Published Bakersfield Californian) - PER PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION, CONTINUED TO TUESDAY, SEPTEMBER 14, 2010, AT 2:00 P.M. DEPARTMENTAL REQUESTS DEVELOPMENT SERVICES AGENCY Planning and Community Development Department Miscellaneous S.D. #5 CA-6) Request from Walgreen Company for determination of public convenience for the issuance of an off-sale beer and wine license at 2628 Mt. Vernon Avenue, Bakersfield, pursuant to the Alcohol Beverage Control Act, Section of the Business and Professions Code (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION DEVELOPMENT SERVICES AGENCY Engineering, Surveying and Permit Services Department S.D. #3 CA-7) Request to approve completed street, drainage, water and sewer improvements and request for reduction of Faithful Performance Security in Subdivision Improvement Agreement, Parcel Map 11860, north of Merle Haggard Drive, east of Quinn Road, Bakersfield, Franmar Company, LP (Fiscal Impact: None) - APPROVED COMPLETED STREET, DRAINAGE, WATER AND SEWER IMPROVEMENTS; REDUCED EXISTING FAITHFUL PERFORMANCE SECURITY IN THE AMOUNT OF $71,280 TO $7,200 FOR THE GUARANTEE AND MAINTENANCE OF THE COMPLETED STREET, DRAINAGE, WATER AND SEWER IMPROVEMENTS AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP FOR A ONE-YEAR PERIOD ENDING AUGUST 10, 2011; RELEASED LETTER OF CREDIT NO , IN THE AMOUNT OF $71,280, ISSUED BY MISSION BANK; RECEIVED AND FILED LETTER OF CREDIT NO , IN THE AMOUNT OF $7,200, ISSUED BY MISSION BANK

4 Summary of Proceedings Page 15 S.D. #5 CA-8) Proposed findings that New Venture Investments, LLC, is delinquent in performance of secured agreement to provide subdivision improvements for Tract 6213, east side of Fairfax in the vicinity of Fairfax School, Bakersfield (Fiscal Impact: $200,000; Not Budgeted; Recovered from Security; Discretionary) - APPROVED; MADE FINDING THAT SUBDIVIDER HAS FAILED, AFTER BEING NOTIFIED, TO DILIGENTLY COMPLETE THE OUTSTANDING WORK, AS PROVIDED BY THE IMPROVEMENT AGREEMENT AND WITHIN THE TIME FRAME ALLOWED BY THE KERN COUNTY LAND DIVISION ORDINANCE; DIRECTED ENGINEERING, SURVEYING & PERMIT SERVICES TO SEND NOTICE TO SUBDIVIDER AND FINANCIAL PACIFIC INSURANCE COMPANY OF THE BOARD'S FINDINGS AND INSTRUCT THEM THAT: A) THE SUBDIVIDER MUST COMMENCE AND THEREAFTER DILIGENTLY AND CONTINUOUSLY PERFORM SUCH WORK AS NECESSARY TO COMPLETE THE OUTSTANDING IMPROVEMENTS AND REPAIRS B) FINANCIAL PACIFIC INSURANCE COMPANY SHOULD IMMEDIATELY RELEASE FUNDS TO COVER THE COSTS OF INSTALLING ALL OF THE OUTSTANDING IMPROVEMENTS C) THE DIRECTOR OF ROADS AND/OR ENGINEERING, SURVEYING & PERMIT SERVICES DEPARTMENT HAVE BEEN AUTHORIZED TO HAVE SUCH OUTSTANDING WORK COMPLETED IF THE SUBDIVIDER DOES NOT IMMEDIATELY COMMENCE WORK AFTER RECEIPT OF THIS NOTICE AND THEREAFTER DILIGENTLY AND CONTINUOUSLY COMPLETE ALL THE OUTSTANDING WORK D) THE COUNTY INTENDS TO RECOVER FROM THE SUBDIVIDER AND FINANCIAL PACIFIC INSURANCE COMPANY ALL COSTS ASSOCIATED WITH ENFORCEMENT OF THE AGREEMENTS INCLUDING ALL COSTS INCURRED BY THE COUNTY IN PROVIDING ANY OF THE REQUIRED IMPROVEMENTS AUTHORIZED COUNTY COUNSEL TO SEEK RECOVERY OF ALL COSTS RELATED TO OUTSTANDING IMPROVEMENTS ON THIS TRACT FROM THE SUBDIVIDER AND FINANCIAL PACIFIC INSURANCE COMPANY, UNDER THEIR $1,406,722 BOND, IN ORDER TO COMPLETE SAID OUTSTANDING IMPROVEMENTS; AUTHORIZED THE DIRECTORS OF ROADS AND/OR ENGINEERING, SURVEYING & PERMIT SERVICES, AFTER RECEIPT OF ANTICIPATED FUNDS, TO TAKE NECESSARY ACTIONS TO COMPLETE OUTSTANDING IMPROVEMENTS DEVELOPMENT SERVICES AGENCY Roads Department S.D. #1 CA-9) Contract No , Plans, Specifications and Notice to Contractors for construction on Brown Road from Ridgecrest Boulevard to Athel Street, Ridgecrest (Fiscal Impact: $400,500; Federal CMAQ Funds; Budgeted; Discretionary) - WITHDRAWN

5 Summary of Proceedings Page 16 S.D. #3 CA-10) Contract No , Notice of Completion with Bowman Asphalt, Inc., for construction on Foothill High School area streets (Fiscal Impact: None) - RECEIVED AND FILED CA-11) Contract No , Notice of Completion with D.O.D. Construction for construction on Woodrow Avenue and Sanford Drive (Fiscal Impact: None) - RECEIVED AND FILED CA-12) Proposed Cooperative Agreement with California Department of Transportation (Caltrans) for widening of State Route 99 between State Route 204 and Olive Drive, Bakersfield, in an amount not to exceed $250,000 (Fiscal Impact: $250,000; Metropolitan Bakersfield Transportation Impact Fee Funds; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT S.D. #4 CA-13) CA-14) Contract No , Notice of Completion with Bowman Asphalt, Inc., for construction on Lerdo Highway from Interstate 5 to Wildwood Road (Fiscal Impact: None) - RECEIVED AND FILED Proposed payment to Gary D. Hollingshead for relocation of the Hageman and Allen Masonry Yard for construction of the Hageman Separation of Grade at Allen Road, in an amount not to exceed $22, (Fiscal Impact: $22,917.50; Hageman Road SOG Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER- COUNTY CLERK TO MAKE PAYMENT S.D. #5 CA-15) Contract No , Notice of Completion with PE Pacific Engineering Company for construction on Alta Vista Drive from Bernard Street to Columbus Street (Fiscal Impact: None) - RECEIVED AND FILED S.D. s #2 & #5 CA-16) Contract No , Plans, Specifications and Notice to Contractors for construction on Wheeler Ridge Road from David Road to State Route 223, Arvin (Fiscal Impact: $2,050,000; Federal CMAQ Funds and Federal RSTP Funds; Budgeted; Discretionary) - WITHDRAWN

6 Summary of Proceedings Page 17 WASTE MANAGEMENT Continued Hearings All S.D. s 17) Public hearing to consider Ordinances establishing the schedules of Solid Waste Management Program Service Charges for residential properties (Land Use Fees) for Fiscal Year , an increase from $74.84 to $77.83 for residential parcels with four (4) or fewer units and $59.86 to $62.25 for residential parcels with five (5) or more units; and for Fiscal Year , an increase to $82.89 for residential parcels with four (4) or fewer units and $66.30 for residential parcels with five (5) or more units (Fiscal Impact: FY $19,393,628, FY $20,801,993 Estimated Revenue; Solid Waste Enterprise Fund; Budgeted; Discretionary) (from 7/13/2010 and 8/3/2010) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER PUBLIC RESOURCES CODE SECTION 21080; DIRECTED CLERK OF THE BOARD TO FILE NOTICE OF EXEMPTION; WAIVED READING; ENACTED ORDINANCES G-8073 AND G-8074 Maben-McQuiston: 4 Ayes; 1 No - Maggard 18) Public hearing to consider an Ordinance establishing the schedule of Solid Waste Management Program Service Charges for non-residential properties (Gate Fees) for Fiscal Year , an increase in Gate Fees from $40.50 to $42.25 per ton and Bin Fees from $2.11 to $2.20 per cubic yard; and for Fiscal Year , an increase in Gate Fees to $45.00 per ton and Bin Fees to $2.34 per cubic yard (Fiscal Impact: FY $13,651,447, FY $14,756,600 Estimated Revenue; Solid Waste Enterprise Fund; Budgeted; Discretionary) (from 7/13/2010 and 8/3/2010) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER PUBLIC RESOURCES CODE SECTION AND SECTIONS AND OF STATE CEQA GUIDELINES; DIRECTED CLERK OF THE BOARD TO FILE NOTICE OF EXEMPTION; WAIVED READING; ENACTED ORDINANCE G-8075 Maben-Rubio: 4 Ayes; 1 No - Maggard S.D. #4 CA-19) Disbursement of partial funds from Lost Hills Sanitary Landfill Eastin Reserve Account (Fiscal Impact: None) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO TRANSFER $69, FROM LOST HILLS SANITARY LANDFILL DESIGNATED RESERVE ACCOUNT NO TO RETAINED EARNINGS ACCOUNT NO IN FUND 35050

7 Summary of Proceedings Page 18 S.D. s #1 & #2 CA-20) Contract No , proposed Plans and Special Provisions, and Construction Quality Assurance Plan for construction of Phase 2A, Module 3, at the Bakersfield Metropolitan (Bena) Sanitary Landfill (Fiscal Impact: $12,070,917; Solid Waste Enterprise Fund; Budgeted; Mandated) - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301(c) OF STATE CEQA GUIDELINES; DIRECTED CLERK OF THE BOARD TO FILE NOTICE OF EXEMPTION; APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED WASTE MANAGEMENT TO PUBLISH NOTICE TO CONTRACTORS IN A NEWSPAPER OF GENERAL CIRCULATION, PURSUANT TO GOVERNMENT CODE 6066; BID OPENING TO BE WEDNESDAY, SEPTEMBER 1, 2010, AT 11:00 A.M. All S.D. s CA-21) Request for Relief from Accountability of Accounts Receivable, in the amount of $71, (Fiscal Impact: $71, Revenue Decrease; Solid Waste Enterprise Fund; Not Budgeted; Discretionary) - APPROVED COUNTY ADMINISTRATIVE OFFICE CA-22) Proposed revised job specifications for Director of Development Services Agency and Director of Public Health due to departmental reorganizations (Fiscal Impact: None) - APPROVED 23) Proposed restricted out-of-county/state travel policy (Fiscal Impact: None) - MICHAEL TURNIPSEED, KERN COUNTY TAXPAYERS ASSOCIATION; AND JAMES FITCH, ASSESSOR-RECORDER, HEARD; APPROVED; REFERRED TO COUNTY ADMINISTRATIVE OFFICE TO DRAFT A LETTER TO KERN COUNTY EMPLOYEES RETIREMENT ASSOCIATION (KCERA) TO CONVEY CONCERNS REGARDING TRAVEL-RELATED EXPENSES AND SUGGEST A MORE COST CONSCIOUS APPROACH, AND TO REQUEST A RECAP OF FISCAL YEAR TRAVEL-RELATED EXPENDITURES Maggard-Maben: All Ayes NON-AGENDA ITEM MOTION TO CONSIDER NON-AGENDA ITEM 23A: MADE FINDING THAT NEED TO TAKE ACTION ON NON-AGENDA MATTER OCCURRED AFTER THE AGENDA WAS POSTED, BECAUSE ON AUGUST 3, 2010, THE BOARD PROVIDED DIRECTION TO COUNTY STAFF REGARDING THE COUNTY S POSITION FOR A TAX SHARING AGREEMENT WITH RESPECT TO CITY OF BAKERSFIELD ANNEXATION NO. 626; THAT PROPOSAL WAS REJECTED BY THE CITY OF BAKERSFIELD, AND THE COUNTY HAS BEEN INFORMED, THAT UNLESS AN AGREEMENT ON THE TAX SPLIT IS REACHED THIS WEEK, THE DEVELOPMENT WOULD BE IN DANGER OF LOSING ITS MAJOR TENANTS AS THE PROPOSED TENANTS FOR THE DEVELOPMENT WILL LOOK FOR ANOTHER LOCATION. Maben-Maggard: All Ayes

8 Summary of Proceedings Page 19 NOTE: SUPERVISOR RUBIO LEFT THE DAIS PRIOR TO THE VOTE ON ITEM NO. 23A 23A) Proposed transfer of property tax entitlement and sales tax entitlement related to City of Bakersfield Annexation No. 626 (Fiscal Impact: None) - AUGUST AMOUR, REPRESENTING DEVELOPER/PROPERTY OWNER EDWARD LEE AND DON PARKER, HEARD; ADOPTED PROPERTY TAX SHARING RESOLUTION AUTHORIZING COUNTY ADMINISTRATIVE OFFICER TO NEGOTIATE PROPERTY TAX EXCHANGE WITH THE CITY OF BAKERSFIELD PROVIDING PROPERTY TAX REVENUES RECEIVED BY THE COUNTY OF KERN GENERAL FUND FROM THE AREA OF THE PROPOSED ANNEXATION WILL BE APPORTIONED PURSUANT TO THE SCHEDULE IN ATTACHMENT NO. 1 OF THE JANUARY 12, 2005, MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE COUNTY; ALL SALES TAXES GENERATED FROM CURRENTLY EXISTING BUSINESSES IN THE AREA OF THE PROPOSED ANNEXATION CONTINUE TO BE PAYABLE TO THE COUNTY; PROVIDED THAT THE KERN COUNTY LOCAL AGENCY FORMATION COMMISSION APPROVES THE PROPOSED ANNEXATION, THE KERN COUNTY AUDITOR-CONTROLLER-COUNTY CLERK IS REQUESTED TO EFFECT THE ABOVE DETERMINED TRANSFER OF PROPERTY TAX REVENUES; ALL THE FOREGOING ACTIONS SHALL ONLY BECOME EFFECTIVE UPON THE CITY OF BAKERSFIELD SIGNING A PROJECT SPECIFIC TAX SHARING AGREEMENT THAT PROVIDES THAT THE CITY OF BAKERSFIELD SHALL PAY IN PERPETUITY EACH YEAR ON THE ANNIVERSARY OF THE AGREEMENT AN AMOUNT EQUAL TO ALL SALES TAXES GENERATED FROM CURRENTLY EXISTING BUSINESSES IN THE AREA OF THE PROPOSED ANNEXATION Maggard-Maben: 4 Ayes; 1 Absent - Rubio NOTE: SUPERVISOR RUBIO RETURNED TO THE DAIS FOLLOWING THE VOTE ON ITEM NO. 23A COUNTY ADMINISTRATIVE OFFICE General Services Division S.D. #1 CA-24) Change Order No. 4 for the irrigation pump replacement at Lake Ming, an increase of $5,954, for a new total of $300,154 ( ) (Fiscal Impact: $5,954; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN S.D. #2 CA-25) Plans and Specifications for spray park improvements at Mojave Park East, Mojave ( ) (Fiscal Impact: $406,370; Community Development Block Grant Fund; Budgeted; Discretionary) (from 8/3/2010) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED GENERAL SERVICES TO PUBLISH PURSUANT TO PUBLIC CONTRACT CODE SECTION 20125; BID OPENING TO BE WEDNESDAY, SEPTEMBER 15, 2010, AT 11:00 A.M.

9 Summary of Proceedings Page 20 S.D. #3 CA-26) Proposed Agreement for Lease with Weslyn Enterprises for continued use of 3400 Unicorn Road, Suite 113, Bakersfield, by the Sheriff s Office, from September 1, 2010 to August 31, 2013 (Fiscal Impact: $7,623 Monthly Rent; General Fund; Budgeted; Discretionary) - 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 AGREEMENT S.D. #4 CA-27) Request for subcontractor substitution for Frazier Park Branch Library ( ) (Fiscal Impact: None) - MADE FINDING THAT MOLHOOK MECHANICAL, INC., FAILED TO PERFORM UNDER CONTRACT WITH TILTON PACIFIC CONSTRUCTION, INC.; APPROVED SUBSTITUTION OF JOURNEY AIR CONDITIONING COMPANY TO COMPLETE HVAC PORTION OF PROJECT CA-28) Request for subcontractor substitution for Frazier Park Branch Library ( ) (Fiscal Impact: None) - MADE FINDING THAT FRESNO LANDSCAPING, INC., FAILED TO PERFORM UNDER CONTRACT WITH TILTON PACIFIC CONSTRUCTION, INC.; APPROVED SUBSTITUTION OF HIGHLAND PACIFIC LANDSCAPE TO COMPLETE LANDSCAPE PORTION OF PROJECT CA-29) CA-30) Change Order No. 4 for the new library at Frazier Park, an increase of $103,142, for a new total of $4,394,770 ( ) (Fiscal Impact: $103,142; General Fund; Budgeted; Discretionary) - WITHDRAWN Proposed Amendment No. 1 to Service Agreement with Buttonwillow Recreation and Park District (District) to allow District to coordinate improvements to the baseball facility on the south portion of the Buttonwillow Park (Fiscal Impact: None) - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA UNDER SECTION 15301; AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTION AS APPROPRIATE; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT S.D. #5 CA-31) Request to set hearing to grant pipeline franchise to SJM Oil, LLC (Fiscal Impact: $1,200 Renewal Fee; $100 Revenue Fee; General Fund; Budgeted; Discretionary) - MADE FINDING PROJECT IS EXEMPT FROM CEQA UNDER 15304(f); AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTION AS APPROPRIATE; ADOPTED RESOLUTION SETTING HEARING FOR TUESDAY, SEPTEMBER 14, 2010, AT 2:00 P.M.; DIRECTED CLERK OF THE BOARD TO PUBLISH HEARING NOTICE AND SUMMARY OF PROPOSED ORDINANCE

10 Summary of Proceedings Page 21 CA-32) Change Order No. 1 for cooling tower replacement at 1115 Truxtun Avenue, an increase of $2,218, for a new total of $531,370 ( ) (Fiscal Impact: $2,218; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN All S.D. s CA-33) Job Order Contract Project Listing Update (Various Projects) (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 CA-34) Proposed Amendment No. 3 to Agreement with Lifesigns, Inc., for coordination of sign language interpretation, an increase of $50,000, for a new total not to exceed $100,000 (Fiscal Impact: $50,000; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-35) Proposed issuance of Prequalification Questionnaire for Design/Build Entities for the County Photovoltaic Solar Arrays (Fiscal Impact: None) - AUTHORIZED GENERAL SERVICES TO ADVERTISE PREQUALIFICATION QUESTIONNAIRE FOR DESIGN/BUILD ENTITIES; AUTHORIZED GENERAL SERVICES TO REQUEST PROPOSALS FROM PREQUALIFIED DESIGN/BUILD ENTITIES; MADE FINDING THAT PHOTOVOLTAIC SOLAR ARRAYS ARE EXEMPT FROM CEQA PER SECTION 15301; AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTION AS APPROPRIATE CA-36) Proposed Resolution declaring County s intent to use Qualified Energy Conservation Bonds to help finance construction of County photovoltaic solar arrays (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION CA-37) Proposed Amendment No. 1 to Agreement with Wood Brothers, Inc., to the Site Civil Job Order Contract Phase 7, an increase of $500,000, for a new total not to exceed $750,000 (Various Projects) (Fiscal Impact: $500,000; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CONSIDERATION OF ORDINANCES INTRODUCED AUGUST 3, 2010 CA-38) Proposed Ordinance adding subsection (288) to Section to Chapter of Title 10 of the Kern County Ordinance Code establishing a no-parking zone along the north side of Downing Avenue, beginning at a point 514 feet west of the northwest curb return at Alken Street, thence westerly a distance of 50 feet, Bakersfield - ENACTED ORDINANCE G-8076

11 Summary of Proceedings Page 22 CA-39) Proposed Ordinance adding subsection (240) to Section to Chapter of Title 10 of the Kern County Ordinance Code establishing a no-stopping zone along the south side of McKee Road, beginning at the curb return at Tillson Way, thence easterly to the curb return at Shannon Drive, a distance of 750 feet, Bakersfield - ENACTED ORDINANCE G-8077 CA-40) Proposed Ordinance adding subsection (6) to Section to Chapter of Title 10 of the Kern County Ordinance Code establishing a two-hour parking zone along the west side of "M" Street, beginning at the northwest curb return with Cerro Gordo Street, thence northerly a distance of 166 feet, Mojave - ENACTED ORDINANCE G-8078 MATTERS FOR EXECUTIVE APPROVAL CA-41) CA-42) CA-43) CA-44) Budget Transfers - NONE Minutes for week of June 28, APPROVED Miscellaneous Letters and Documents - APPROVED Miscellaneous Departmental Referrals by Clerk of the Board - APPROVED AND FILED CA-45) Claims and Lawsuits filed with and referred by Clerk of the Board - APPROVED AND FILED ADJOURNED TO TUESDAY, AUGUST 17, 2010, AT 9:00 A.M. McQuiston /s/ Kathleen Krause Clerk of the Board /s/ Ray Watson Chairman, Board of Supervisors

12 Summary of Proceedings Page 23 43) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED Clerk of the Board A) re vacancy on Workforce Investment Board due to inactivity of Atlarge Business Member, Melissa Montgomery (Copies to each Supervisor, CAO and Employers Training Resource) B) Received, certified and transmitted to Recorder for recordation as follows: 1) Parcel Map S.D. #5 General Services C) Acceptance of Franchise from Sierra Breeze Mutual Water Company in compliance with Franchise Ordinance F-535 Planning D) Recorded Grant Deed from Aero Energy, LLC, donating a 200-foot-wide alternative energy corridor along the southern boundary of Oak Creek Road (Document No ) Treasurer-Tax Collector E) Pooled Cash Portfolio Reporting for Quarter Ended June 30, 2010 Miscellaneous F) Letter from Dan Otis, State Department of Conservation, re notice of intent of Rosedale Rio-Bravo Water Storage District to acquire land in property restricted by a Land Conservation (Williamson) Act Contract (APN ) (Copies to each Supervisor, CAO, Planning, Development Services Agency and County Counsel) G) Letter from J. Randolph Babbitt, U.S. Department of Transportation, re Activity Survey questionnaire for aircraft activity during Calendar Year 2009 (Copies to Sheriff and Fire) H) Letter from Bandon Davis, Vanacore International, re assets due the County from Ingenix Pharmacy (Copy to Treasurer-Tax Collector) I) Notice from Weil, Gotshal & Manges, LLP, re order confirming Extended Stay, Inc., et al (debtor) fifth amended joint plan of reorganization under Chapter 11 of the Bankruptcy Code, dated June 8, 2010, as amended (Copy to Treasurer-Tax Collector) J) Notice from Golden Eagle Insurance re cancellation of Policy No. CBP issued to Casa Moore Audio & Video, Inc. (Copies to each Supervisor, CAO and General Services) K) Notice from State Department of Alcoholic Beverage Control re application for an alcoholic beverage license from: Checo s Restaurant Sport Bar, 2915 Taft Highway, Bakersfield (Copies to each Supervisor, CAO, Planning and Environmental Health) L) Press release from California High-Speed Rail Authority re survey showing support for the high-speed train project by majority of California voters (Copies to each Supervisor and CAO)

13 Summary of Proceedings Page 24 44) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Letter from Teresa Erlwein, State Department of Transportation, re speed zone survey on State Route 14 - REFERRED TO ROADS (Copies to each Supervisor, CAO and County Counsel) B) from Christopher L. Stewart re non-enforcement of visitation order and complaint concerning practices of Child Support Services - REFERRED TO CHILD SUPPORT SERVICES (Copies to each Supervisor, CAO and County Counsel) 45) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY THE CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Christina Huff vs. Kern County - REFERRED TO B) Claim in the matter of Betty Scroggins vs. Kern County - REFERRED TO C) Claim in the matter of Michael McCracken vs. Kern County - REFERRED TO D) Claim in the matter of Debra L. Insalaco vs. Kern County - REFERRED TO E) Claim in the matter of Richard D. Faidley vs. Kern County - REFERRED TO F) Claim in the matter of John Cummings vs. Kern County - REFERRED TO G) Claim in the matter of Javier Martinez vs. Kern County - REFERRED TO H) Claim in the matter of Tony Cortez vs. Kern County - REFERRED TO I) Claim in the matter of Cameron Bolles vs. Kern County - REFERRED TO J) Subrogation claim in the matter of Diane Furlow by Explorer Insurance Company vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) K) Claim and order to go to Small Claims Court in the matter of Leanne S. Kornfeld vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) L) Notice of Association of Counsel in the matter of Francisco Barraza, Francisco Barraza, Jr., Marlene Isabel Barraza, Miguel Angel Barraza, a minor by and through his Guardian ad Litem, Francisco Barraza vs. Kern County, et al - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)