SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, June 12, :00 P.M. 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 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 YOUR NAME BEFORE MAKING YOUR PRESENTATION. THANK YOU! NO ONE HEARD BOARD MEMBER ANNOUNCEMENTS OR REPORTS 2) On their own initiative, Board members may make an announcement or a report on their own activities. They may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda (Gov. Code Sec [a]) NO ONE HEARD

2 Summary of Proceedings Page 15 CONTINUED HEARINGS RESOURCE MANAGEMENT AGENCY Planning Department 3) Request from Cilion, Inc., by R.L. Abbott and Associates to change the permitted uses from residential to industrial, a precise development plan for a corn-to-ethanol facility, and a street vacation for the roadways identified within the facility on approximately acres located at "C" Street, east of State Route 99 and the Southern Pacific Railroad tracks, south of Famoso Road, Famoso area, east of Wasco (SD #1) (a) A change in zone classification from R-1 to M-2 PD or a more restrictive district (ZCC #4, Map #57-7) (b) A Precise Development Plan for a corn-to-ethanol facility in an M-2 PD District (PD Plan #3, Map #57-7) (c) A Nonsummary Vacation for portions of "B" Street, "C" Street, 4th Street, 5th Street, and 6th Street in the Famoso area ( Streets and Highways) (Negative Declaration; Published Bakersfield Californian) (from 4/24/2007, 5/8/2007 & 5/29/2007) - JEREMY WILHELM, PRESIDENT OF CILION, INC.; TOM O MAHONEY, PLUMBERS AND STEAMFITTERS; AND DAVE WILLIAMS, HEARD; PER PLANNING DEPARTMENT RECOMMENDATION, REFERRED BACK TO STAFF FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT McQuiston-Rubio: All Ayes CA-4) Request from Kim Cummings to vacate a portion of Bear Valley Road, north of Banducci Road, Tehachapi (SD #2) Nonsummary vacation of a portion of Bear Valley Road, north of Banducci Road, Tehachapi ( ; Streets and Highways) (General Rule, Section 15061(b)(3); Published Tehachapi News) (from 5/29/2007) - PER PLANNING DEPARTMENT RECOMMENDATION, REFERRED BACK TO STAFF HEARINGS RESOURCE MANAGEMENT AGENCY Planning Department 5) Request from Donald and Shari Rosenberg by B.J. Tucker and Associates to change the permitted uses from 5-acre residential suburban combining to 2-1/2-acre residential suburban combining on acres located on the north side of East Kendall Avenue, between Gateway Boulevard and Richmond Street, Ridgecrest (SD #1) A change in zone classification from E (5) RS to E (2-1/2) RS or a more restrictive district (ZCC #17, Map #71-14) (Negative Declaration; Published Daily Independent) - OPENED HEARING; RAYMOND KELSO, MIKE MUMFORD, AND DON ROSENBERG, HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTION AND ENACTED ORDINANCE G-7578 APPROVING ZONE CHANGE, WITH THE ADDITION OF THE GH (GEOLOGIC HAZARD COMBINING) DISTRICT McQuiston-Watson: All Ayes

3 Summary of Proceedings Page 16 6) Request from D and B Real Estate by Triad-Holmes Associates to change the permitted uses from limited agriculture allowing mobile homes to 1/2-acre residential suburban combining on 2.6 acres located on the southwest corner of Werner Street and Knox Street, Rosamond (SD #2) A change in zone classification from A-1 MH to E (1/2) RS or a more restrictive district (ZCC #111, Map #230) (Special Situation, Section 15182; Published Rosamond Weekly News) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED RESOLUTION AND ENACTED ORDINANCE G-7579 APPROVING THE MORE RESTRICTIVE E (1) H (ESTATE - 1 ACRE - AIRPORT APPROACH HEIGHT COMBINING) DISTRICT CA-7) CA-8) Request from Kern County Waste Management to amend the Kern County Estray (Open Range) map to exclude the Tehachapi Sanitary Landfill from Estray 12 located at Tehachapi Boulevard, approximately one mile west of Sand Canyon Road, near the communities of Monolith and San Canyon (SD #2) Petition of exclusion of approximately acres from the Open Range boundaries of the Estray Ordinance to restrict the open grazing of cattle ( Estray Ordinance) (General Rule, Section 15061(b)(3); Published Tehachapi News) - PER PLANNING DEPARTMENT RECOMMENDATION, CONTINUED TO TUESDAY, JULY 10, 2007, AT 2:00 P.M. Request from Bakersfield Airport 116, LLC, by Stantec Consulting, Inc., to add the H (Airport Approach Height Combining) District to property currently zoned for medium industrial use on acres located on the southwest corner of James Road and Airport Drive, north side of Petrol Road, north Bakersfield (SD #3) A change in zone classification from M-2 PD to M-2 PD H or a more restrictive district (ZCC #42, Map #81-35) (Categorically Exempt, Section 15305; Published Bakersfield Californian) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED RESOLUTION AND ENACTED ORDINANCE G-7580 APPROVING ZONE CHANGE AS REQUESTED GENERAL PLAN AMENDMENT HEARINGS Amendment of the Land Use, Open Space and Conservation Element of the Kern County General Plan and Metropolitan Bakersfield General Plan; Amend the Circulation Element of the Metropolitan Bakersfield General Plan; Amend the Kern River Element of the Kern County General Plan; Alteration of Agricultural Preserve 17; and other items as cited which include amendments of certain zoning maps and applications and proceedings

4 Summary of Proceedings Page 17 RESOURCE MANAGEMENT AGENCY Planning Department CA-9) CA-10) Request from Kern County Waste Management Department to amend the Kern County General Plan Map Code(s) surrounding the existing Tehachapi Landfill to a solid waste disposal facility buffer; to change the permitted uses from limited agriculture to exclusive agriculture; amend an existing conditional use permit to include buffer properties, allow ancillary uses, and include a larger volume transfer station; and to exclude 80 acres from an Agricultural Preserve, located at Tehachapi Boulevard, approximately one mile west of Sand Canyon Road, near the communities of Monolith and Sand Canyon, Tehachapi area (SD #2) (a) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code(s) 8.2/2.4, 3.4/2.2, and 3.4 to Map Code(s) 3.4.1/2.4, 3.4.1/2.2, 3.4.1, and 3.7, or a more restrictive map code designation (GPA #6, Map #167) (b) A change in zone classification from A-1 to A or a more restrictive district (ZCC #26, Map #167) (c) Amendment of a Conditional Use Permit to include Map Code properties, allow various ancillary uses to the existing solid waste facility in the area, and include the operation of a large volume transfer station (Section H) for this Conditional Use Permit (Resolution 20-73; approved January 26, 1973) which allowed a sanitary landfill in A and A 1 Districts (CUP #3, Map #167) (d) Exclusion of approximately 152 acres from the boundaries of an Agricultural Preserve (Ag Pres #17 - Excl) (Environmental Impact Report; Published Tehachapi News) - PER PLANNING DEPARTMENT RECOMMENDATION, CONTINUED TO TUESDAY, JULY 10, 2007, AT 2:00 P.M. Request from Ron Edwards by Hopkins Engineering to eliminate the Monica Street Specific Plan Line between College Avenue and Kern Canyon Road (State Route 184), northeast Bakersfield (SD #3) Amend the Circulation Element of the Metropolitan Bakersfield General Plan by rescinding the Monica Street Specific Plan Line between College Avenue and State Route 184 and eliminate future road reservations on a portion of the northern midsection line of Section 30, T29S, R29E, MDB&M from College Avenue to State Route 184 as a secondary highway alignment (GPA #11, Map #104-30) (Negative Declaration; Published Bakersfield Californian) - REFERRED BACK TO STAFF

5 Summary of Proceedings Page 18 CA-11) Request from Herb Family Enterprises by Bruce Anderson to change the permitted uses from primarily conservation and natural resource to medium-density residential on 8.36 acres located on the south side of East Roberts Lane, between Hart Street and Manor Street, north of the Kern River levee, northeast Bakersfield (SD #3) (a) Amend the Kern River Element of the Kern County General Plan from Map Code(s) 5.5 to Map Code(s) 5.2 or a more restrictive map code designation (GPA #6, Map #103-18) (b) A change in zone classification from RF KRC to R-2 KRC PD or a more restrictive district (ZCC #13, Map #103-18) (Negative Declaration; Published Bakersfield Californian) - PER PLANNING DEPARTMENT RECOMMENDATION, CONTINUED TO TUESDAY, JULY 10, 2007, AT 2:00 P.M. 12) Request from Lincoln Properties, Inc., by Max Bacerra and Associates to change the permitted uses from estate residential to low-density single-family residential on 9.46 acres and reclassify Brentwood/Mills Drive from a collector to a local street, located on the southeast corner of Rosewood Avenue and Brentwood Drive, east Bakersfield (SD #3) (a) Amend the Land Use Element of the Metropolitan Bakersfield General Plan from Map Code(s) SR to Map Code(s) LMR or a more restrictive map code designation, and amend the Circulation Element of the Metropolitan Bakersfield General Plan to delete the Brentwood/Mills alignment from Niles Street to Breckenridge Road (GPA #2, Map #103-25) (b) A change in zone classification from E (1/2) RS to R-1 or a more restrictive district (ZCC #24, Map #103-25) (Negative Declaration; Published Bakersfield Californian) - OPENED HEARING; CHUCK TATUM, LES BESSER, RANDAL MAPSTEAD, SHERRI MINETTI, LEANORD GIBSON, GRACIELLA GARCIA, AND MAX BACERRA, HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED RESOLUTIONS AND DISAPPROVING REQUESTED AMENDMENTS TO THE METROPOLITAN BAKERSFIELD GENERAL PLAN LAND USE ELEMENT AND CIRCULATION ELEMENT; AND DISAPPROVING THE REQUESTED ZONE CHANGE Maggard-McQuiston: All Ayes

6 Summary of Proceedings Page 19 13) Request from Kern County Roads Department to allow the realignment of Wings Way/Hangar Drive located between Boughton Drive and Seventh Standard Road adjacent to the Meadows Field airport terminals, north Bakersfield (SD #3) (a) Amend the Circulation Element of the Metropolitan Bakersfield General Plan to eliminate future road reservations on the midsection lines and western section line of the NW/4 of Section 2, T29S, R27E, MDB&M as major highway and secondary highway alignments (GPA #17, Map #102) (b) Adoption of a Specific Plan Line for the realignment of Wings Way/Hangar Drive (Adopt Wings Way/Hangar Drive SP Line) (General Rule, Section 15061(b)(3); Published Bakersfield Californian) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED RESOLUTIONS AND APPROVING GENERAL PLAN AMENDMENT, AS REQUESTED, AND ADOPTING WINGS WAY/HANGAR DRIVE SPECIFIC PLAN LINE Maggard-Rubio: All Ayes DEPARTMENTAL REQUESTS RESOURCE MANAGEMENT AGENCY Planning Department S.D. #4 14) Request from City of Bakersfield for recommendation on an amendment of the Kern River Plan Element - City of Bakersfield Case File No , West Ming Specific Plan (Fiscal Impact: None) - ROGER MCINTOSH, WITH MCINTOSH AND ASSOCIATES, REPRESENTING CASTLE AND COOKE; AND JIM MOVIUS, CITY OF BAKERSFIELD PLANNING DIRECTOR, HEARD; RECEIVED AND FILED; DIRECTED PLANNING DEPARTMENT TO SEND CORRESPONDENCE TO THE CITY OF BAKERSFIELD SUPPORTING THE PROJECT RESOURCE MANAGEMENT AGENCY Community and Economic Development Department S.D. #2 CA-15) Proposed Finding of No Significant Impact (FONSI) and Request for Release of Funds (RROF) for Home Investment Partnership (HOME) Program Project No , Rosamond Family Apartments, Multi-Phase (Fiscal Impact: $700,000; HOME Program Funds; Budgeted; Discretionary) - APPROVED FONSI; AUTHORIZED CHAIRMAN TO SIGN RROF AND CERTIFICATION; AUTHORIZED DIRECTOR TO SUBMIT RROF AND CERTIFICATION TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

7 Summary of Proceedings Page 20 RESOURCE MANAGEMENT AGENCY Engineering and Survey Services Hearings S.D. #4 16) Proposed hearing and Resolution of Application to Local Agency Formation Commission (LAFCO), County Service Area No. 40, request for additional extended services and establishment of Zone of Benefit No. 1, Pine Mountain Club (Fiscal Impact: None) - OPENED HEARING; CARMEN HANDY; MARCY WARKENTIN; DAVID MARTIN; FRANKIE SANCHEZ; CAROLE TRUDEAU; TIM MARVEL; BOB BRAITMAN; ROY WARKENTIN; LANCE ROSMAIER; KAREN BAILEY; HORST BALDIN; ROSS ELLIOTT, DIRECTOR, EMERGENCY MEDICAL SERVICES; DAN RAINEY, GENERAL MANAGER OF PINE MOUNTAIN CLUB; SIGRID LUCKING; JEFF COLE; CAROLYN ZEIGLER-DAVENPORT; WILLIAM LUCKING; CRAIG SMITH; AND CONNIE BALDIN, HEARD; CLOSED HEARING; ADOPTED RESOLUTION ; AUTHORIZED ENGINEERING & SURVEY SERVICES TO FILE NECESSARY DOCUMENTS WITH LAFCO; DIRECTED CLERK OF THE BOARD TO FILE NOTICE OF EXEMPTION, IF REQUESTED; RECEIVED AND FILED DOCUMENTS Watson-Maggard: All Ayes NOTE: SUPERVISOR MAGGARD LEFT THE DAIS DURING AGENDA ITEM NO ) Proposed Resolution ordering the extension of Zone of Benefit Nos. 3, 5, 7, 8 and 10 in County Service Area No. 71, determining to adopt and accept an Ordinance enacting assessments for the area included within the boundaries extended herein, Tract 6252 and Assessor Parcel Numbers and , located north of Hageman Road and west of Renfro Road, west Bakersfield (Fiscal Impact: $238,875; CSA s; Budgeted; Mandated) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; TABULATED BALLOTS; CONFIRMED THAT MAJORITY OF BALLOTS SUBMITTED WERE IN FAVOR OF ASSESSMENTS; ENACTED ORDINANCE G-7581 ESTABLISHING ASSESSMENTS; ADOPTED RESOLUTION CONFIRMING ENGINEERING & SURVEY SERVICES DEPARTMENT DIRECTOR S REPORT APPROVING AN ANNUAL ASSESSMENT NOT TO EXCEED $85 PER PARCEL FOR STREET LIGHT MAINTENANCE; $40 PER PARCEL FOR STREET SWEEPING; $50 PER PARCEL FOR DRAINAGE FACILITIES MAINTENANCE; $150 PER PARCEL FOR LANDSCAPE AND WALL MAINTENANCE; $200 PER PARCEL FOR MULTI-USE TRAIL, LANDSCAPE AND WALL MAINTENANCE; DETERMINING TO ADOPT AND ACCEPT AN ORDINANCE ENACTING ASSESSMENTS FOR THE AREA INCLUDED WITHIN THE BOUNDARIES EXTENDED HEREIN; ORDERING THE EXTENSION OF ZONE OF BENEFIT NOS. 3, 5, 7, 8 AND 10 IN COUNTY SERVICE AREA NO. 71, TRACT 6252 AND ASSESSOR PARCEL NUMBERS AND Watson-Rubio: 4 Ayes; 1 Absent - Maggard NOTE: SUPERVISOR MAGGARD RETURNED TO THE DAIS FOLLOWING VOTE ON AGENDA ITEM NO. 17

8 Summary of Proceedings Page 21 18) Proposed Resolution ordering the extension of Zone of Benefit Nos. 3, 5, 7, 8 and 10 in County Service Area No. 71, determining to adopt and accept an Ordinance enacting assessments for the area included within the boundaries extended herein, Tract 6305, located south of Hageman Road and west of Renfro Road, west Bakersfield (Fiscal Impact: $28,333; CSA s; Budgeted; Mandated) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; TABULATED BALLOTS; CONFIRMED THAT MAJORITY OF BALLOTS SUBMITTED WERE IN FAVOR OF ASSESSMENTS; ENACTED ORDINANCE G-7582 ESTABLISHING ASSESSMENTS; ADOPTED RESOLUTION CONFIRMING ENGINEERING & SURVEY SERVICES DEPARTMENT DIRECTOR S REPORT APPROVING AN ANNUAL ASSESSMENT NOT TO EXCEED $175 PER PARCEL FOR STREET LIGHT MAINTENANCE; $12 PER PARCEL FOR SEPTIC MONITORING; $180 PER PARCEL FOR SEWER SERVICE; $40 PER PARCEL FOR STREET SWEEPING; $100 PER PARCEL FOR DRAINAGE FACILITIES MAINTENANCE - LARGE LOT; $450 PER PARCEL FOR LANDSCAPE AND WALL MAINTENANCE; $200 PER PARCEL FOR MULTI-USE TRAIL, LANDSCAPE AND WALL MAINTENANCE; DETERMINING TO ADOPT AND ACCEPT AN ORDINANCE ENACTING ASSESSMENTS FOR THE AREA INCLUDED WITHIN THE BOUNDARIES EXTENDED HEREIN; ORDERING THE EXTENSION OF ZONE OF BENEFIT NOS. 3, 5, 7, 8 AND 10 IN COUNTY SERVICE AREA NO. 71 S.D. #3 CA-19) Request for reduction of Faithful Performance Security in Subdivision Improvement Agreement, Tract 5884, Phase 1, east side of Monica Street, north of Pioneer Drive, Orangewood Area, Type "A" Subdivision, DeWalt Corporation for Moreland Corporation (Fiscal Impact: None) - APPROVED; REDUCED EXISTING FAITHFUL PERFORMANCE SECURITY FROM $781,691 TO $156,338; REDUCED FAITHFUL PERFORMANCE BOND NO , IN THE AMOUNT OF $781,691, ISSUED BY INSURANCE COMPANY OF THE WEST, AMERICAN CONTRACTOR S INDEMNITY COMPANY TO $156,338 (CORRECTION PER SUMMARY OF JULY 24, 2007, ITEM NO. 49 P.M.) S.D. #5 CA-20) Proposed Contract No , with Teichert Construction for construction of Rexland Acres Wastewater System Improvements, in an amount not to exceed $7,103,790 (Fiscal Impact: $7,103,790; USDA, US-EPA, Workforce Housing, State Small Communities Wastewater Grant, Prop. 50; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT , TO BECOME EFFECTIVE UPON APPROVAL BY THE U.S. DEPARTMENT OF AGRICULTURE

9 Summary of Proceedings Page 22 CA-21) Request to approve final map for Tract 6400, Phase 3, 440 feet east of Cottonwood Road and 1,000 feet north of Casa Loma Drive, south Bakersfield, DeWalt Corporation for Casa Loma-Cottonwood Homes, LLC (Fiscal Impact: None) - ADOPTED RESOLUTION MAKING FINDINGS PER SECTION OF PUBLIC RESOURCES CODE, SECTIONS , AND OF GOVERNMENT CODE INCLUDING APPROVAL OF WAIVER OF SIGNATURE FOR EASEMENT HOLDERS PER SECTION OF GOVERNMENT CODE AND SECTION D1 OF LAND DIVISION ORDINANCE (SECTION K1, 2, 3 NOT APPLICABLE), ACKNOWLEDGEMENT OF REVERSION OF TEMPORARY FLOWAGE EASEMENT AND RESTORATION OF INGRESS AND EGRESS ACROSS LOTS "B", "C" AND "D" IN TRACT NO. 6400, PHASE 3; APPROVED FINAL MAP; AUTHORIZED CLERK OF THE BOARD TO SIGN; APPROVED IMPROVEMENT AND MONUMENTATION AGREEMENTS; AUTHORIZED CHAIRMAN TO SIGN; RECEIVED AND FILED DOCUMENTS AND ORDERED RECORDED AS APPROPRIATE All S.D. s CA-22) Proposed Resolution establishing Fiscal Year Proposition 4 Appropriations Limit for County Service Areas (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION RESOURCE MANAGEMENT AGENCY Roads Department Hearing All S.D. s CA-23) Public hearing on unmet transit needs (Fiscal Impact: None) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; RECEIVED AND FILED REPORT; ADOPTED RESOLUTION ON UNMET TRANSIT NEEDS WITH A FINDING THAT NO UNMET TRANSIT NEED, WHICH IS REASONABLE TO MEET, CURRENTLY EXISTS IN THE COUNTY S JURISDICTION S.D. #2 CA-24) Proposed Resolution for reclamation assurance for Kern County Roads Sand State Pit Mine ID No (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION S.D. #3 CA-25) Proposed no-parking zone on the east side of Verdugo Lane beginning at the northeast return of Brimhall Road and Verdugo Lane, northerly for a distance of 1,233 feet; and a no parking zone along the west side of Verdugo Lane beginning at the northwest return of Brimhall Road and Verdugo Lane, northerly for a distance of 1,233 feet, Bakersfield (Fiscal Impact: None) - APPROVED; REFERRED TO COUNTY COUNSEL FOR PREPARATION OF ORDINANCE

10 Summary of Proceedings Page 23 S.D. s #2 & #4 CA-26) Proposed Cooperative Agreement with State of California, Department of Transportation (Caltrans) and proposed Contribution Agreement with Tejon Ranch Corporation for interchange improvements on Interstate 5 at Wheeler Ridge Road/Laval Road (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENTS AND S.D. s #3 & #5 CA-27) Contract No , Notice of Completion with DOD Construction for construction of curb ramps at various locations in Bakersfield (Fiscal Impact: None) - RECEIVED AND FILED All S.D. s CA-28) Proposed Federal Apportionment Exchange Program and State Match Program Agreement (No. X [271]) from State of California, Department of Transportation (Caltrans), in the amount of $405,044 to County (Fiscal Impact: $405,044; State Aid; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT WASTE MANAGEMENT Hearing S.D. #2 29) Public Hearing on proposed Ordinance establishing the schedule of Universal Solid Waste Collection service charges for residential property with four or fewer units for Fiscal Year ; and proposed Resolution adding properties to the Eastern Kern Universal Collection Area (an increase from $ to $256.83) (Fiscal Impact: $90,000; Universal Collection Enterprise Fund; Budgeted; Mandated) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING PROJECT IS EXEMPT FROM CEQA PER SECTION 15061(b)(3); DIRECTED CLERK OF THE BOARD TO FILE NOTICE OF EXEMPTION; ADOPTED RESOLUTION ; WAIVED READING; ENACTED ORDINANCE G-7583 Rubio-McQuiston: All Ayes All S.D. s CA-30) Proposed Amendment No. 2 to Agreement with the City of Bakersfield for the Green and Wood Waste Diversion Program, increasing compensation limit by $450,000, for a total amount not to exceed $8,990,000 (Fiscal Impact: $450,000 FY ; Solid Waste Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

11 Summary of Proceedings Page 24 COUNTY ADMINISTRATIVE OFFICE Hearing 31) Proposed reallocation of Social Services Program Realignment Trust Fund revenues to Health Program Realignment Trust Fund (Fiscal Impact: Health Realignment Account - $2.9 Million Increase; Social Service Realignment Account - $2.9 Million Decrease) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING THAT TRANSFER OF UP TO BUT NOT EXCEEDING 10% OF AVAILABLE FUNDS FROM SOCIAL SERVICES PROGRAM REALIGNMENT TRUST FUND TO HEALTH PROGRAM REALIGNMENT TRUST FUND DURING FY IS THE MOST COST EFFECTIVE USE OF AVAILABLE RESOURCES TO MAXIMIZE OUTCOMES; ADOPTED RESOLUTION TRANSFERRING $2,900,000 FROM SOCIAL SERVICES REALIGNMENT TRUST FUND TO HEALTH PROGRAM REALIGNMENT TRUST FUND CA-32) Transfer of property tax entitlement related to City of Bakersfield Annexation No. 563, Local Agency Formation Commission (LAFCO) Proceeding No (Fiscal Impact: FY $141 General Fund; Discretionary) - APPROVED; ADOPTED RESOLUTION CA-33) Proposed extension of Military Leave Benefits Program (Resolution No ) until terminated by formal action by the Board of Supervisors (Fiscal Impact: $3,600; Group Health Internal Services Fund; Budgeted; Discretionary) - APPROVED CA-34) Fiscal Year Recommended Budget documents for the County of Kern and special districts governed by the Board of Supervisors (Fiscal Impact: None) - RECEIVED AND FILED COUNTY ADMINISTRATIVE OFFICE General Services Division S.D. #1 CA-35) Change Order No. 2 for the minimum security holding cells at the Sheriff s Lerdo Facility, an increase of $683, for a new total of $209,683 ( ACC) (Fiscal Impact: $683; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN S.D. #2 CA-36) Proposed Agreement with Gospich Construction Company for the restrooms at Tehachapi Mountain Park, in an amount not to exceed $182,000 ( ) (Fiscal Impact: $182,000; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

12 Summary of Proceedings Page 25 S.D. #3 CA-37) Plans and specifications for the cooling tower at the International Airlines Terminal ( B) (Fiscal Impact: $127,600; Airport Project Fund; Budgeted; Discretionary) (from 6/5/2007) - 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; AUTHORIZED PURCHASING AGENT TO SOLICIT BIDS S.D. #5 CA-38) Proposed Agreement with JTS Construction for the CT Scan Room remodel at Kern Medical Center, in an amount not to exceed $589,000 ( EX) (Fiscal Impact: $589,000; Kern Medical Center Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-39) Change Order No. 1 for roof replacement at Maintenance Carpenter s Building, an increase of $12,168, for a new total of $201,968 ( ) (Fiscal Impact: $12,168; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN S.D. s #1 & #4 CA-40) Proposed Agreement with Berry & Associates to provide survey services for the fuel tanks at Buena Vista Aquatic Recreation Area (BVARA), and boat launch, restrooms, parking lot and lighting at Lake Ming, in an amount not to exceed $20,200 ( & ) (Fiscal Impact: $20,200; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT All S.D. s CA-41) Proposed Agreement with I Con Construction Company for the Job Order Contract Phase IX, in an amount not to exceed $500,000 (Various Projects) (Fiscal Impact: $500,000; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-42) Proposed Agreement with Ladco Construction, Inc., for the Job Order Contract Phase IX, in an amount not to exceed $500,000 (Various Projects) (Fiscal Impact: $500,000; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-43) Job Order Contract Project Listing Update (Various Projects) (Fiscal Impact: None) - APPROVED

13 Summary of Proceedings Page 26 MATTERS FOR EXECUTIVE APPROVAL CA-44) Budget Transfers - APPROVED NO. 209 THROUGH NO. 222 CA-45) CA-46) CA-47) Minutes for week of May 14, APPROVED Miscellaneous Letters and Documents - APPROVED Miscellaneous Departmental Referrals by Clerk of the Board - APPROVED AND FILED CA-48) Claims and Lawsuits filed with and referred by Clerk of the Board - APPROVED AND FILED ADJOURNED TO TUESDAY, JUNE 19, 2007, AT 9:00 A.M. Rubio /s/ Tracey E. Cody Assistant Clerk of the Board /s/ Don Maben Chairman, Board of Supervisors

14 Summary of Proceedings Page 27 46) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED Clerk of the Board A) Received, certified and transmitted to Recorder for recordation as follows: 1) Tract Map 6373, Phase B S.D. #1 2) Tract Map 6373, Phase C S.D. #1 3) Tract Map 6406, Phase 6 S.D. #3 4) Tract Map 6406, Phase 7 S.D. #3 5) Tract Map 6406, Phase 8 S.D. #3 6) Tract Map 6452, Phase 3 S.D. #3 General Services B) Letter from Nanette True, Contract Administrative Assistant, re incorrect wording submitted for item No. 35 on Tuesday, May 8, 2007, Agenda concerning the Replace Roof Maintenance Carpenters Building (Copies to each Supervisor, CAO and County Counsel) Local Agency Formation Commission C) Resolution 07-24, Proceeding No. 1485, in the matter of City of Bakersfield, Annexation No. 536 (Copies to each Supervisor, CAO and Resource Management Agency) D) Resolution 07-25, Proceeding No. 1491, in the matter of City of Bakersfield, Annexation No. 533; North of the River Sanitary District, Annexation No. 79 (Snow Road No. 9) (Copies to each Supervisor, CAO and Resource Management Agency) Resource Management Agency - Animal Control E) Two (2) thank you letters for donations to Animal Control Division (Copies to each Supervisor and CAO) Miscellaneous F) Letter from Viki Radden, teacher at South High School, enclosing fifty-four (54) letters from students re pet overpopulation problems (Copies to each Supervisor, CAO, Animal Control and Resource Management Agency) G) Letter from Chet Auckly, California Water Service Company, re exceedence of iron and manganese secondary maximum contamination levels, Kernville Water System (Copies to each Supervisor, CAO and Environmental Health) H) Letter from Ron Fraze, Bakersfield City Fire Department, re language in JPA (Kern County Agreement ) concerning Fire Stations 14 (Mt. Vista and Harris) and 16 (McAllister Ranch) (Copies to each Supervisor, CAO, Fire and County Counsel) I) Letter from Warren Rooney, Kern County Citrus Pest Control District, re Resolution concerning budget adoption for Fiscal Year (Copies to each Supervisor, CAO and County Counsel)

15 Summary of Proceedings Page 28 J) Letter from Karma Hackney, Governor s Office of Emergency Services, re Secretarial disaster designation granted for the primary counties of Kern, Kings, Lake, Mariposa, San Luis Obispo, Santa Barbara, and the contiguous counties of Colusa, Fresno, Glenn, Inyo, Los Angeles, Madera, Mendocino, Merced, Monterey, Napa, San Bernardino, Sonoma, Stanislaus, Tulare, Tuolumne, Ventura and Yolo due to agriculture losses caused by drought beginning October 15, 2006, and continuing (Copies to each Supervisor, CAO, Emergency Services and Agricultural Commissioner) K) Letter from Karma Hackney, Governor s Office of Emergency Services, re declaration by U.S. Small Business Administration that primary counties of Kern, Kings, Lake, Mariposa, San Luis Obispo and Santa Barbara, and contiguous counties of Colusa, Fresno, Glenn, Inyo, Los Angeles, Madera, Mendocino, Merced, Monterey, Napa, San Bernardino, Sonoma, Stanislaus, Tulare, Tuolumne, Ventura and Yolo disaster areas as a result of the May 9, 2007 USDA disaster designation due to agricultural losses caused by drought occurring October 15, 2006, and continuing (Copies to each Supervisor, CAO, Emergency Services and Agricultural Commissioner) L) Letter from Cecil D. Briscoe re resignation from the Civil Service Commission (Copies to each Supervisor, CAO, Personnel and Clerk of the Board) M) Letter from John Hood re concerns of over building in Bakersfield (Copies to each Supervisor, CAO, Planning and County Counsel) N) Letter from Veleta Wilson, Verizon Wireless, re cell site McKittrick, Highway 58 and Highway 33, Bakersfield, APN (Copies to each Supervisor, CAO and Planning) O) from Jean Hughes requesting information re a failed background check (Copies to each Supervisor, CAO, County Counsel and Mental Health) P) Situation Report from U.S. Army Corps of Engineers re Lake Isabella Dam (Copies to each Supervisor, CAO, Fire, Resource Management Agency and Emergency Services) Q) Notice from Department of Forestry and Fire Protection re Fire Hazard Severity Zones, 2007 (Copies to each Supervisor and CAO) R) Fact Sheet from State Department of Toxic Substances Control re Draft Remedial Action Plan for Environmental Protection Corporation, Eastside Landfill Facility, Bakersfield (Copies to each Supervisor, CAO, Environmental Health and Planning) S) Notice from State Department of Alcoholic Beverage Control re alcoholic beverage license from: Edelweiss Deli, Valley Boulevard, Tehachapi (Copies to each Supervisor, CAO and Planning) 47) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Letter from Fred A. Drew, Community Action Partnership, re funding for the System - REFERRED TO BUDGET FILE (Copies to each Supervisor and CAO)

16 Summary of Proceedings Page 29 48) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY THE CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Walter Brown, Jr. vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) B) Claim in the matter of Don F. Mulligan vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) C) Claim in the matter of Lisa Marie Segovia vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) D) Claim in the matter of Alma Corral vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) E) Claim in the matter of M. Dean Reed Production Corporation (The Ale Factory) vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) F) Claim in the matter of Sandra Chavez vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) G) Claim in the matter of Mikell Waters vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) H) Claim in the matter of Don F. Goyer vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) I) Claim in the matter of Danny Romero vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)