SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, November 8, :00 P.M. Note: Members of the Board of Supervisors may have an interest in certain contracts that the Board considers where the member holds a position on a non-profit corporation that supports the functions of the County. Supervisors are assigned to these positions as part of annual committee assignments by the Chairman of the Board. These interests include, with the Supervisor holding the position, the following: California State Association of Counties (Supervisors McQuiston and Maggard); Community Action Partnership of Kern (Supervisor Maggard); Kern County Network for Children (Supervisor Goh); Kern Economic Development Corporation (Supervisors Maggard, Watson, and Scrivner); Southern California Water Committee (Supervisors Watson and Maggard); and Tobacco Funding Corporation, Kern County (Supervisors Maggard and Watson). BOARD RECONVENED Supervisors: McQuiston, Scrivner, Maggard, Watson, Goh ROLL CALL: All Present NOTE: The vote is displayed in bold below each item. For example, McQuiston-Watson denotes Supervisor McQuiston made the motion and Supervisor Watson seconded the motion. CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: ALL ITEMS LISTED WITH A "CA" OR "C" WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION. BOARD ACTION SHOWN IN CAPS REPORT ON ACTIONS TAKEN IN CLOSED SESSION ON TUESDAY, NOVEMBER 8, 2011, AT 9:00 A.M. - Item Nos. 24, 26 and 27 - NO REPORTABLE ACTION TAKEN Item No. 25 concerning a request for Closed Session regarding public employee performance evaluation - Title: Director of Libraries (Government Code Section 54957) - CONTINUED TO IMMEDIATELY FOLLOW THE 2:00 P.M. SESSION (See Item No. 23 P.M.) 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 8 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 CA-3) CA-4) Request from Hayden Family Trust to vacate a portion of Long Canyon Road, located south of the intersection of Pioneer Road and Long Canyon Road, southwest area of Weldon (S.D. #1) Specific Request: A Nonsummary vacation of a portion of Long Canyon Road in the Weldon area ( Streets and Highways) (General Rule, Section 15061(b)(3); Published Kern Valley Sun) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION, CONTINUED TO TUESDAY, DECEMBER 13, 2011, AT 2:00 P.M. Request from Mandeep S. Sandhu by CSI Contractors, Inc., to change the permitted uses from general commercial to light industrial on 3.02 acres located at Warren Street, northwest corner of Lawton Drive and Warren Street, Lost Hills (S.D. #4) Specific Request: A change in zone classification from C-2 PD to M-1 PD or a more restrictive district (ZCC #24, Map #52) (Categorically Exempt, Section 15303; Published Wasco Tribune) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED RESOLUTION AND ENACTED ORDINANCE G-8225 APPROVING ZONE CHANGE CLASSIFICATION FROM C-2 PD (GENERAL COMMERCIAL - PRECISE DEVELOPMENT COMBINING) TO M-1 PD (LIGHT INDUSTRIAL - PRECISE DEVELOPMENT COMBINING)

3 Summary of Proceedings Page 9 5) Request from Kern County Planning Department to make revisions to the Kern County Zoning Ordinance (All S.D.s) Specific Request: Revisions to the Kern County Zoning Ordinance Proposed text amendments include, but are not limited to, the following: (1) addition of a "Dark Skies" chapter to regulate the installation and operation of outdoor lighting; (2) addition of new water-efficient landscaping requirements for multifamily residential, commercial, and industrial uses; (3) addition of a new PR District; (4) addition of provisions allowing for the establishment and operation of "Community Gardens"; (5) changes pertaining to the requirements for installation of small wind energy systems; (6) changes establishing public noticing requirements for: community garden permits, extension of time requests, temporary event permits, temporary fruit stands, temporary precise development plans, and zoning violation hearings; (7) amending the definition of "Animal Shelter"; (8) modifying the Countywide maximum height restrictions (Figure ); (9) incorporating provisions for the usage of portable on-demand storage units in various zone classifications; (10) clarifying the maximum height restrictions for structures and communication towers in various zone classifications; (11) adding "Tattoo parlor and body piercing" to the list of permitted uses in the C-2, CH, and industrial zoning districts; (12) adding "Electrical power generating plant in conjunction with a biogas recovery system associated with a confined animal facility" to the list of permitted uses in the A District subject to criteria; and (13) eliminating the acreage limitation for solar energy electrical generators when accessory to a permitted or conditionally permitted use and where the power generated does not exceed the total on-site demand in the A, M-2, M-3, and NR Districts. No changes are proposed in zoning district classification affecting public or private property (General Rule, Section 15061(b)(3); Published Bakersfield Californian, Midway Driller, Delano Record, Kern Valley Sun, Mojave Desert News, Mountain Enterprise, News Review, Rosamond Weekly News, Tehachapi News) - OPENED HEARING; TERI KAHN, TEHACHAPI MOUNTAIN DOG FANCIERS; PENNY MELKO, DAVE DMOHOWSKI; COLIN BYWATER, NORTH OF THE RIVER RECREATION AND PARK DISTRICT; JESSICA RAMIREZ; SUSAN MADIGAN; RICHARD ROWE; LIZ KEOGH; DR. RICHARD CROCKETT; AND LINDA ROBREDO, HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, WITHDREW AMENDMENT TO SECTION D RELATING TO PARKING; ADOPTED RESOLUTION AND ENACTED ORDINANCE G-8226 APPROVING CHANGES TO THE KERN COUNTY ZONING ORDINANCE WITH THE REVISION OF SECTIONS RELATING TO OUTDOOR LIGHTING, AND SECTIONS RELATING TO PARK AND RECREATION (PR) DISTRICTS ALL AS RECOMMENDED AND CLARIFIED BY STAFF; CONTINUED CONSIDERATION OF SECTION RELATING TO ANIMAL SHELTERS TO TUESDAY, DECEMBER 6, 2011, AT 2:00 P.M. REFERRED TO PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT TO BRING BACK A WIND ENERGY BOUNDARY PROPOSAL FOR THE TEHACHAPI AREA ON OR BEFORE JANUARY 31, 2012 Scrivner-Goh: All Ayes (Continued on Page 10)

4 Summary of Proceedings Page 10 (Continued from Page 9) REFERRED TO PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT TO BRING BACK OPTIONS FOR FUTURE CONSIDERATION CONCERNING SPILLOVER LIGHTING AND LIGHTING REQUIREMENTS FOR GOVERNMENT PROJECTS, AND REFERRED TO ENGINEERING, SURVEYING AND PERMIT SERVICES DEPARTMENT TO BRING BACK DISCUSSION ON LOCAL BUILDING CODE CONFORMITY WITH STATE BUILDING CODE Watson-Maggard: All Ayes DEPARTMENTAL REQUESTS DEVELOPMENT SERVICES AGENCY Planning and Community Development Department S.D. #2 CA-6) Proposed retroactive Amendment No. 1 to Consulting Agreement with RBF Consulting for additional costs in preparation of the Environmental Impact Report (EIR) for the Catalina Renewable Energy Project by enxco Development Corporation, to increase amount by $31,500 for a new not to exceed amount of $226,859 (Fiscal Impact: $31,500; Application Processing Fees; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT DEVELOPMENT SERVICES AGENCY Engineering, Surveying and Permit Services Department Hearing S.D. #3 7) Proposed Resolution determining to adopt an Ordinance enacting assessments with an escalation clause for the area requesting additional extended services for County Service Area No. 36 and establishment of Zone of Benefit Nos. 1, 2 and 3, Tract 6386, Pioneer Drive (Local Agency Formation Commission (LAFCO) Proceeding No. 1603) (Fiscal Impact: $11,326; CSAs; 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-8227 ESTABLISHING ASSESSMENTS; ADOPTED RESOLUTION APPROVING ENGINEERING, SURVEYING AND PERMIT SERVICES DEPARTMENT DIRECTOR S REPORT APPROVING AN ASSESSMENT, FOR THE FIRST YEAR, NOT TO EXCEED $350 PER NET ACRE FOR STREET LIGHT MAINTENANCE, $350 PER NET ACRE FOR DRAINAGE FACILITIES MAINTENANCE, $200 PER NET ACRE FOR STREET SWEEPING, $500 PER NET ACRE FOR LANDSCAPE AND WALL MAINTENANCE, APPROVING A CONSUMER PRICE INDEX ESCALATION CLAUSE; DETERMINING TO ADOPT ORDINANCE ENACTING ASSESSMENTS FOR THE AREA INCLUDED WITHIN BOUNDARIES DESCRIBED, TRACT 6386; ESTABLISHING THE FORMULA FOR SETTING ASSESSMENT FOR FUTURE YEARS WITHIN COUNTY SERVICE AREA NO. 36 AND ZONE OF BENEFIT NOS. 1, 2 AND 3, TRACT 6386 Goh-Watson: All Ayes

5 Summary of Proceedings Page 11 DEVELOPMENT SERVICES AGENCY Roads Department S.D. #4 CA-8) Proposed payment to Ronald Mark Phillips and Rowland Brian Phillips for public road easement over portion of Parcel W required for construction of Hageman Road/Burlington Northern Santa Fe (BNSF) Separation of Grade (SOG) project, in the amount of $98,400 (Fiscal Impact: $98,400; Hageman Road SOG Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO PAY WASTE MANAGEMENT S.D. #4 CA-9) Report regarding Franchise Hauler Compliance Review of American Refuse Company for the period of July 1, 2008 through March 31, 2011 (Fiscal Impact: None) - RECEIVED AND FILED All S.D.s CA-10) Request for relief from accountability of accounts receivable in the amount of $212, (Fiscal Impact: $212, Revenue Decrease; Solid Waste Enterprise Fund; Not Budgeted; Discretionary) - APPROVED COUNTY ADMINISTRATIVE OFFICE 11) Response to August 16, 2011 referral regarding Animal Control organizational structure to transition to a stand-alone department (Fiscal Impact: None) - TERI KAHN, TEHACHAPI MOUNTAIN DOG FANCIERS; LIZ KEOGH; SUSAN MADIGAN; SUE BENNETT, KERN HUMANE SOCIETY; JUDI DAUNELL; AND MARILYN STEWART, ALPHA CANINE SANCTUARY, HEARD; APPROVED; DIRECTED COUNTY ADMINISTRATIVE OFFICER AND DIRECTOR OF PUBLIC HEALTH SERVICES TO IMPLEMENT Scrivner-Goh: 4 Ayes; 1 No - Watson CA-12) CA-13) Request to appropriate unanticipated revenue in the amount of $101,508,128 for the County Local Revenue Fund 2011, Realignment (Fund 22010) as statutorily required in accordance with Assembly Bill 118 and Senate Bill 89 that shifts program responsibilities and revenues to local governments as part of the State s FY budget plan (Fiscal Impact: $101,508,128; $90,285,486 Budgeted; $11,222,642 Not Budgeted; Mandated) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS Proposed retroactive acceptance of donation of $50,000 from the estate of Christena M. Geyer to the Kern County Library for library books (Fiscal Impact: $50,000 Donation; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN LETTER OF APPRECIATION

6 Summary of Proceedings Page 12 CA-14) Proposed response to Grand Jury Report entitled Kern County Sheriff s Department Coroner-Public Administrator Division (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE CA-15) Notification of intent to provide a Post Employment Health Plan for employees represented by the Kern County Sheriff s Command Association (Fiscal Impact: None) - RECEIVED AND FILED CA-16) Notification of intent to provide a Post Employment Health Plan for employees represented by the Kern County Sheriff s Command Association II (Fiscal Impact: None) - RECEIVED AND FILED COUNTY ADMINISTRATIVE OFFICE General Services Division S.D. #2 CA-17) Proposed Amendment No. 3 to Agreement with Bureau Veritas North America, Inc., for additional soil and groundwater assessments, to increase amount by $125,426, for a new not to exceed amount of $483,697 (Fiscal Impact: $125,426; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CONSIDERATION OF ORDINANCES INTRODUCED NOVEMBER 1, 2011 CA-18) Proposed Ordinance adding subsection (299) to Section to Chapter of Title 10 of the Kern County Ordinance Code establishing a no parking zone on the east side Pesante Road between Oregon Street and Hillburn Road, Bakersfield - ENACTED ORDINANCE G-8228 MATTERS FOR EXECUTIVE APPROVAL CA-19) Budget Transfers - APPROVED NOS. 064 THROUGH 067 CA-20) CA-21) Minutes for the week of September 19, APPROVED Miscellaneous Letters and Documents - FILED CA-22) Claims and Lawsuits Filed with and Referred by Clerk of the Board - APPROVED AND FILED ADJOURNED TO CLOSED SESSION Watson

7 Summary of Proceedings Page 13 CLOSED SESSION (If public reporting is required by Government Code Section relating to the following matter(s), the public reporting of any action taken in closed session will be made at the beginning of the next session of the Board of Supervisors.) COUNTY ADMINISTRATIVE OFFICE 23) Request for Closed Session regarding public employee performance evaluation - Title: Director of Libraries (Government Code Section 54957) (from 11/8/2011, 9:00 A.M., Item No. 25) - RECONVENED FROM CLOSED SESSION WITH ALL MEMBERS PRESENT REPORT ON ACTIONS TAKEN IN CLOSED SESSION ON TUESDAY, NOVEMBER 8, 2011, AT 2:00 P.M. - Item No. 23 concerning a request for Closed Session regarding public employee performance evaluation - Title: Director of Libraries (Government Code Section 54957) - NO REPORTABLE ACTION TAKEN ADJOURNED TO MONDAY, NOVEMBER 14, 2011, AT 2:00 P.M., AT KERN MEDICAL CENTER McQuiston-Watson /s/ Kathleen Krause Clerk of the Board /s/ Mike Maggard Chairman, Board of Supervisors

8 Summary of Proceedings Page 14 21) MISCELLANEOUS LETTERS AND DOCUMENTS FILED Clerk of the Board A) Received, certified and transmitted to Recorder, as follows: 1) Parcel Map No S.D. #2 B) Monthly Referral Report, October 2011 Local Agency Formation Commission C) Report and Recommendation, Proceeding No in the matter of Lost Hills Utility District, Annexation No. 15 (Copy to Development Services Agency) Planning and Community Development D) Re-recorded Notice of Nonrenewal No from Gene and Beth Osborn, to nonrenew a 2.5-acre parcel of contracted land with Agricultural Preserve 6, to correct the acreage (Document No ) E) Recorded Notice of Nonrenewal No from Donald and Donna Toretta by Delmarter and Associates, to nonrenew a acre portion of contracted land within Agricultural Preserve 9 (Document No ) F) Letter to Larry Pennell, General Manager, Lamont Public Utility District, re Kern County Board of Supervisors Hearing on November 15, 2011 at 2:00 p.m., Considerations of Actions on Conditional Use Permit Case No. 27, Map No. 143, Community Recycling and Resource Recovery, Inc. (Copies to each Supervisor and CAO) Sheriff G) Letter to Honorable Michael Bush, re response to Grand Jury Law and Justice Committee Final Report concerning Coroner-Public Administrator Section (Copies to each Supervisor and CAO) Treasurer-Tax Collector H) Pooled Cash Portfolio Reporting for quarter ended September 30, 2011 Miscellaneous I) Letter from Senator Dianne Feinstein re Supplemental Nutrition Assistance Program (SNAP) (Copies to each Supervisor, CAO and Department of Human Services) J) Letter from Jon D. Snellstrom, State Fish and Game Commission, re notice of proposed regulatory action concerning Kellet s Whelk sport and commercial fisheries (Copy to Development Services Agency) K) Letter from Mike Dayton, California Emergency Management Agency, responding to requesting seeking gubernatorial proclamation of a State of Emergency due to several recent fires from September 4, 2011 through September 11, 2011 (Copies to each Supervisor, CAO and Fire) L) Letter from Jamil Dada, California Workforce Investment Board, re Local Plan Modification Program Year (Copies to each Supervisor, CAO and Employers Training Resource)

9 Summary of Proceedings Page 15 M) Letter from Hollie Bennett re a medical aid incident involving her husband (Copies to each Supervisor, CAO and Emergency Medical Services) N) Letter from Peggy Richter to Kern County Planning Commission re zoning changes and animal control regulations (Copies to each Supervisor, CAO, Planning and Community Development, Animal Control and County Counsel) O) from Adam Riley, U.S. Army Corps of Engineers, re Isabella Lake Dam Safety Modification Study Situation Report (Copies to each Supervisor, CAO, Development Services Agency, Engineering, Surveying and Permit Services, Fire, Office of Emergency Services, Public Health, Emergency Medical Services and County Counsel) P) from Chrystal Bobbitt in support of Alta Windpower energy project (Copies to each Supervisor, CAO, Planning and Community Development and County Counsel) Q) Authority to Use Grant Funds from U.S. Department of Housing and Urban Development re HOME # , Hallmark Apartments, Lamont (Copies to Planning and Community Development, CAO and Auditor) R) Notice from State Department of Alcoholic Beverage Control of application for alcoholic beverage license from: El Palenque Mexican Grill, 2945 Niles Street, Bakersfield; J & M Bar & Grill, Inc., Rosedale Highway, Bakersfield (Copies to Planning and Community Development and Environmental Health Services) S) Notice of Default and Election to Sell Under Deed of Trust, Charles Lewis Feer (General Services-Property Management) T) Public Notice, Class 1 Hazardous Waste Permit Modification, Clean Habors Buttonwillow, LLC (Copies to each Supervisor, CAO, Environmental Health Services, Waste Management, Planning and Community Development and County Counsel) 22) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of William S. Alston vs. County of Kern - REFERRED B) Claim in the matter of Eulalio B. Arenas vs. County of Kern - REFERRED C) Claim in the matter of Marcy Axness vs. County of Kern - REFERRED TO D) Claim in the matter of Maria A. Blanco vs. County of Kern - REFERRED E) Claim in the matter of Sam Deabenderfer vs. County of Kern - REFERRED F) Claim in the matter of Bryan D. Denton vs. County of Kern - REFERRED G) Claim in the matter of Thomas G. (Tim) Marvel vs. County of Kern - REFERRED

10 Summary of Proceedings Page 16 H) Claim in the matter of Manuel Rosales vs. County of Kern - REFERRED I) Claim in the matter of Angela Ryan vs. County of Kern - REFERRED TO J) Claim in the matter of Julia Stacy vs. County of Kern - REFERRED TO K) Claim in the matter of Anick Steiger vs. County of Kern - REFERRED TO L) Claim in the matter of Craig Tatro vs. County of Kern - REFERRED TO M) Claim in the matter of Wendy Worster vs. County of Kern - REFERRED TO N) Claim in the matter of Joanna Wright vs. County of Kern - REFERRED TO O) Alternative Writ of Mandate in the matter of Lynita Ellison vs. California Department of Social Services et al. - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) P) Notice of Charge of Discrimination in the matter of Heather E. Garcia vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management and Personnel) Q) Notice to Prepare and Certify the Record of Proceedings in the matter of Citizens Opposing a Dangerous Environment vs. County of Kern (Case No. S-1500-CV KCT) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) R) Order Setting Mandatory Scheduling Conference in the matter of Jaclyn Cornelia Wilhite vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) S) Plaintiff s Claim and Order to go to Small Claims Court in the matter of Dalia Medina vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) T) Summons and Complaint for Damages Demand for Jury Trial in the matter of Deborah Lynn Dahl vs. County of Kern, et al. - REFERRED TO U) Summons and Petition for Peremptory Writ of Mandate and Complaint for Declaratory and Injunctive Relief in the matter of Sierra Club, Center for Biological Diversity and Defenders of Wildlife vs. County of Kern (Case No. S-1500-CV KCT) (received October 27, 2011, 9:22 A.M.) - REFERRED V) Summons and Petition for Peremptory Writ of Mandate and Complaint for Declaratory and Injunctive Relief in the matter of Sierra Club, Center for Biological Diversity and Defenders of Wildlife vs. County of Kern (Case No. S-1500-CV KCT) (received October 27, 2011, 2:36 P.M.) - REFERRED ###