SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN BOARD RECONVENED 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, January 27, :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 TUESDAY, JANUARY 27, 2009, AT 9:00 A.M. Item No. 25 concerning a request for Closed Session regarding a lawsuit entitled Thomas Phillip, et al v. County of Kern, et al, United States District Court Case #1:04-CV-6729 REC TAG (Government Code Section (a)) - THE BOARD MET IN CLOSED SESSION THIS MORNING TO CONFER WITH COUNSEL AND STAFF TO CONSIDER PLAINTIFF'S PROPOSAL TO FOREGO AN APPEAL IF THE COUNTY WILL WAIVE COSTS; AS A RESULT OF THAT SESSION, THE BOARD BY A UNANIMOUS VOTE, WITH SUPERVISOR MAGGARD NOT PRESENT, REJECTED PLAINTIFF'S PROPOSAL AND AUTHORIZED COUNTY COUNSEL TO PURSUE COLLECTION OF COSTS AND ANY OTHER MONIES OWED THE COUNTY Item No. 26 concerning a request for Closed Session regarding a lawsuit entitled Gina Finado v. County of Kern, et al, Kern County Superior Court Case No. S-1500-CV AEW (Government Code Section (a)) - THE BOARD MET IN CLOSED SESSION THIS MORNING TO CONFER WITH COUNSEL AND STAFF TO CONSIDER A MEDIATED SETTLEMENT IN THIS LAWSUIT IN THE AMOUNT OF $135,000; AS A RESULT OF THAT SESSION, THE BOARD BY A UNANIMOUS VOTE ACCEPTED THE SETTLEMENT AMOUNT OF $135,000; AUTHORIZED COUNTY COUNSEL TO SIGN ALL SETTLEMENT DOCUMENTS AND THE AUDITOR-CONTROLLER-COUNTY CLERK TO PAY THE SETTLEMENT AS REQUESTED BY COUNTY COUNSEL ADJOURNED AS BOARD OF SUPERVISORS; RECONVENED AS KERN SANITATION AUTHORITY

2 Summary of Proceedings Page 8 KERN SANITATION AUTHORITY C-1) Proposed appointment of Douglas E. Landon as Superintendent of Sewers and General Manager of Kern Sanitation Authority, effective February 7, 2009 (Fiscal Impact: None) - MADE APPOINTMENT ADJOURNED AS KERN SANITATION AUTHORITY; RECONVENED AS FORD CITY-TAFT HEIGHTS SANITATION DISTRICT FORD CITY-TAFT HEIGHTS SANITATION DISTRICT C-2) Proposed appointment of Douglas E. Landon as Superintendent of Sewers and General Manager of Ford City-Taft Heights Sanitation District, effective February 7, 2009 (Fiscal Impact: None) - MADE APPOINTMENT ADJOURNED AS FORD CITY-TAFT HEIGHTS SANITATION DISTRICT; RECONVENED AS BOARD OF SUPERVISORS PUBLIC PRESENTATIONS 3) 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! MARVIN DEAN HEARD REGARDING SAN JOAQUIN VALLEY PUBLIC CONTRACTING PROCUREMENT EXPO TO BE HELD JANUARY 29 AND 30, 2009, IN BAKERSFIELD AND INVITED A BOARD REPRESENTATIVE TO DELIVER EVENT WELCOME; RECEIVED AND FILED Rubio-Maben: All Ayes BOARD MEMBER ANNOUNCEMENTS OR REPORTS 4) 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

3 Summary of Proceedings Page 9 CONTINUED HEARINGS RESOURCE MANAGEMENT AGENCY Planning Department CA-5) Request from Ulrich Presta by Cornerstone Engineering to vacate a portion of Wior Road located in South Lake Isabella (SD #1) Specific Request: Nonsummary vacation of a portion of Wior Road ( Streets and Highways) (General Rule, Section 15061(b)(3); Published Kern Valley Sun) (from 8/19/2008; 9/30/2008; and 12/16/2008) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING DEPARTMENT RECOMMENDATION, ADOPTED RESOLUTION APPROVING VACATION AS REQUESTED, SUBJECT TO RETENTION OF ANY EXISTING PUBLIC UTILITY EASEMENTS, WITH RESOLUTION TO BE RECORDED ONCE CLERK OF THE BOARD RECEIVES WRITTEN CONFIRMATION FROM PLANNING DEPARTMENT THAT: (1) A NEW PUBLIC ACCESS EASEMENT DEDICATION HAS BEEN RECORDED AT THE NORTHWEST CORNER OF THE PROJECT SITE, AS RECOMMENDED, AND (2) A 20-FOOT-WIDE ROAD HAS BEEN ESTABLISHED WITHIN THE EXISTING PUBLIC ACCESS EASEMENT WHICH MEETS TYPE "C" ROAD IMPROVEMENT STANDARDS PURSUANT TO THE KERN COUNTY LAND DIVISION ORDINANCE, AND WHICH CONNECTS TO THE EXISTING ROAD ON THE JOUGHIN S PROPERTY TO THE SOUTH AT THE COMMON BOUNDARY BETWEEN THE PRESTA AND THE JOUGHIN PROPERTIES CA-6) Request from Gene and Kari Hunter to change the permitted uses from large lot residential to limited agriculture and to allow a retail nursery on five acres located at Lumill Street, south of East Far Vista Avenue, Ridgecrest area (SD #1) Specific Request: (a) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code(s) 5.7 to Map Code(s) 5.6 or a more restrictive map code designation (GPA #5, Map #71-14) (b) A change in zone classification from E (5) to A-1 or a more restrictive district (ZCC #19, Map #71-14) (c) A Conditional Use Permit to allow for the establishment of a retail nursery (Section A.1) in an A-1 District (CUP #5, Map #71-14) (Categorically Exempt, Section 15303; Published Daily Independent) (from 12/9/2008) - CONTINUED TO TUESDAY, FEBRUARY 10, 2009, AT 2:00 P.M.

4 Summary of Proceedings Page 10 HEARINGS RESOURCE MANAGEMENT AGENCY Planning Department CA-7) Request from Punit K. Gill by G.W. Willson to change the permitted uses from estate 10 acres residential suburban to estate 2-1/2 acres residential suburban on acres located at the northeast corner of Gosford Road and Chaidez Road, south of Bakersfield (SD #2) Specific Request: A change in zone classification from E (10) RS to E (2-1/2) RS or a more restrictive district (ZCC #66, Map #142) (Special Situation, Section 15183; Published Bakersfield Californian) - PER PLANNING DEPARTMENT RECOMMENDATION, CONTINUED TO TUESDAY, MARCH 3, 2009, AT 2:00 P.M. 8) Request from Kern County Planning Department to make revisions to the Kern County Zoning Ordinance (All SD s) Specific Request: Revisions to the Kern County Zoning Ordinance Proposed text amendments include, but are not necessarily limited to, the following: (1) adding a definition of adult animal; (2) modifying regulations pertaining to residential accessory buildings; (3) modifying regulations pertaining to truck parking when accessory to a residence; (4) modifying small wind energy permitting requirements; (5) adding regulations pertaining to street vendors and food peddlers; (6) adding requirements pertaining to the site and operation of beverage container recycling collections centers; (7) modifying the A-1 (Limited Agriculture) District to allow cargo containers as a permitted use; (8) adding commercial agricultural uses to the list of conditionally permitted uses in the E (Estate) District; (9) modifying Countywide maximum height restrictions (Figure ); (10) adding provisions for supportive and transitional housing; (11) modifying development standards applying to multifamily, commercial, and industrial uses; (12) modifying off-street parking and loading requirements; and (13) modifying the permitting requirements for large family day care homes. No changes in zoning district classification affecting public or private property are proposed. A complete copy of the recommended text changes is on file at the Kern County Planning Department and copies are available upon request. (Zoning Ordinance Revisions ) General Rule, Section 15061(b)(3); Published Bakersfield Californian, Daily Midway Driller, Delano Record, Kern Valley Sun, Mojave Desert News, Mountain Enterprise, News Review, Rosamond Weekly News, Tehachapi News) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ENACTED ORDINANCE G-7821 APPROVING CHANGES TO THE KERN COUNTY ZONING ORDINANCE WITH THE EXCEPTION OF PROPOSED AMENDMENT ADDING SECTION REGULATIONS PERTAINING TO STREET VENDORS AND FOOD PEDDLERS; CONSIDERATION OF PROPOSED AMENDMENT ADDING SECTION CONTINUED TO TUESDAY, MARCH 3, 2009, AT 2:00 P.M. Maben-Rubio: All Ayes

5 Summary of Proceedings Page 11 DEPARTMENTAL REQUESTS RESOURCE MANAGEMENT AGENCY Planning Department Streets and Highways S.D. #1 CA-9) Request from Standard School by McIntosh and Associates for a Summary Vacation of 3,398 square feet of excess right-of-way of Orrick Court (the western 6 feet of Orrick Court), adjacent to Standard School, Zone Map No (Fiscal Impact: None) - ADOPTED RESOLUTION APPROVING SUMMARY VACATION, EXCEPTING AND RESERVING AN EASEMENT FOR EXISTING PUBLIC UTILITIES RESOURCE MANAGEMENT AGENCY Animal Control Department All S.D. s CA-10) Proposed implementation of a Ten-Hour Workday on a Four Day Per Week Normal Work Schedule for Animal Control Officers (Fiscal Impact: None) - RECEIVED AND FILED RESOURCE MANAGEMENT AGENCY Community and Economic Development Department S.D. #5 CA-11) Proposed Request for Release of Funds (RROF) and Certification for Community Development Block Grant Project No , Architectural Barrier Removal Program, Multi-Year (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN RROF AND CERTIFICATION; AUTHORIZED DIRECTOR TO SUBMIT RROF AND CERTIFICATION TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CA-12) Proposed Agreement with Corporation for Better Housing to cancel Agreement and obligate $1,100,000 in Home Investment Partnerships Program (HOME) funds for partial financing of DiGiorgio Family Apartments, Project No (Fiscal Impact: $1,100,000; HOME; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT ; AUTHORIZED DIRECTOR TO SIGN DOCUMENTS TO IMPLEMENT PROJECT, INCLUDING A DEED RESTRICTION AGREEMENT, A SECURITY AGREEMENT, ESCROW INSTRUCTIONS, SUBORDINATION AGREEMENTS, ASSIGNMENT AND ASSUMPTION AGREEMENTS, AND OTHER DOCUMENTS AS MAY BE REQUIRED, ALL IN A FORM APPROVED BY COUNTY COUNSEL All S.D. s CA-13) Proposed Amendment No. 2 to Agreement with California Infrastructure and Economic Development Bank to extend disbursement deadline through June 30, 2009, to Facility Lease for Supervisorial District 5 Curb, Gutter, and Drainage Improvements Project (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

6 Summary of Proceedings Page 12 RESOURCE MANAGEMENT AGENCY Engineering and Survey Services Hearings S.D. #1 14) Request for a determination of a public nuisance at 836 North Jack Ranch Road, APN , Ridgecrest, and a petition from Engineering & Survey Services to impose Administrative Penalties (Fiscal Impact: $10,000; Not Budgeted; Discretionary) - OPENED HEARING; MATT SPOTT, PROPERTY OWNER, HEARD; CLOSED HEARING; ADOPTED RESOLUTION DETERMINING THAT VIOLATIONS OF THE ZONING ORDINANCE OF KERN COUNTY EXIST ON THE REAL PROPERTY AND DECLARING THE REAL PROPERTY A PUBLIC NUISANCE; APPROVED ASSESSMENT OF ADMINISTRATIVE PENALTIES AGAINST MATT SPOTT, IN THE AMOUNT OF $10,000, WITH DAILY PENALTIES IN THE AMOUNT OF $500 PER DAY UNTIL PROPERTY HAS BEEN BROUGHT INTO COMPLIANCE WITH KERN COUNTY ZONING ORDINANCE; CONTINUED TO TUESDAY, MARCH 31, 2009, AT 2:00 P.M., TO CONSIDER WAIVING ADMINISTRATIVE PENALTIES IF PROPERTY HAS BEEN BROUGHT INTO COMPLIANCE BY SECURING THE APPROPRIATE PERMITS Rubio-Watson: All Ayes S.D. #2 15) Hearing for the abatement of a public nuisance at Woodford- Tehachapi Road, Tehachapi, involving the demolition of abandoned and dangerous structures, Parcel Map 4663, Parcel A (Fiscal Impact: $95,000; Budgeted; General Fund; Discretionary) - OPENED HEARING; WILLIAM NELSON, ERNEST LOPEZ, FRED COLCER, ERICA MAFFEI, MARIANNE HESTER, PIERRE HARTMAN, DAVID KENNEDY, ADRIAN MAASKANT, JAMES MORTENSEN, AND FRANK GORDON, REPRESENTING THE PROPERTY OWNER, HEARD; CLOSED HEARING; ADOPTED RESOLUTION DECLARING ABANDONED STRUCTURES AND RELATED TRASH ON THE SUBJECT REAL PROPERTY A PUBLIC NUISANCE; DIRECTED ENGINEERING & SURVEY SERVICES TO POST AND MAIL NOTICE OF DETERMINATION PURSUANT TO ORDINANCE CODE ; CONTINUED TO TUESDAY, MARCH 3, 2009, AT 2:00 P.M., TO CONSIDER FURTHER ABATEMENT ORDERS IF PROPERTY HAS NOT BEEN BROUGHT INTO COMPLIANCE AND NUISANCES ABATED BY SECURING OR REMOVING STAIRWELLS AND SECURING THE STRUCTURES WITH A GOOD AND SUFFICIENT COVERING FOR ALL OPENINGS, AND CONTINUOUSLY MAINTAINING SAME; DIRECTED STAFF TO PROVIDE NOTICE OF INTENTION TO CONSIDER IMPOSING ADMINISTRATIVE PENALTIES ON TUESDAY, MARCH 3, 2009, AT 2:00 P.M., AGAINST THE PROPERTY OWNER AND ALL RESPONSIBLE PARTIES Maben-Rubio: All Ayes SUPERVISOR MABEN MADE A REFERRAL TO KERN COUNTY FIRE DEPARTMENT TO EXAMINE THE PROPERTY FOR FIRE SAFETY AND PROVIDE AN ACTION PLAN FOR PROPERTY OWNER IN ORDER TO ADDRESS BRUSH FIRE SAFETY OF ADJACENT HOMES Maben-Rubio: All Ayes

7 Summary of Proceedings Page 13 S.D. #3 CA-16) Request to set public hearing to consider levying assessments with an escalation clause for Zone of Benefit Nos. 3, 5 and 7 within County Service Area No. 71; and proposed Resolution of Intention to extend Zone of Benefit Nos. 3, 5 and 7 within County Service Area No. 71, Parcel Map 11320, located south of Downing Avenue and west of Fruitvale Avenue, Bakersfield (Fiscal Impact: $9,975; CSA s; Budgeted; Mandated) - APPROVED; MADE FINDING ACTION IS STATUTORILY EXEMPT FROM CEQA PURSUANT TO SECTION 15061(B)(3) AND SECTION OF THE STATE CEQA GUIDELINES; SET PUBLIC HEARING FOR TUESDAY, MARCH 17, 2009, AT 2:00 P.M., TO RECEIVE PUBLIC COMMENT AND TABULATE BALLOTS; DIRECTED ENGINEERING & SURVEY SERVICES TO MAIL NOTICES AND BALLOTS, ALONG WITH AN ENGINEER S REPORT, TO THE PROPERTY OWNERS AFFECTED, AND TO CONDUCT A PUBLIC INFORMATIONAL MEETING IN COMPLIANCE WITH ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION; DIRECTED CLERK OF THE BOARD TO PUBLISH NOTICE OF HEARING AND TO FILE A NOTICE OF EXEMPTION, IF REQUESTED; ADOPTED RESOLUTION OF INTENTION TO EXTEND ZONE OF BENEFIT NOS. 3, 5 AND 7 AND SET HEARING TO CONSIDER LEVYING ASSESSMENTS AND ESTABLISHING THE FORMULA FOR SETTING AN ASSESSMENT FOR FUTURE YEARS IN ZONE OF BENEFIT NOS. 3, 5 AND 7 WITHIN COUNTY SERVICE AREA NO. 71, PARCEL MAP S.D. #4 CA-17) Request for approval of completed street improvements and release of all securities in connection with performance of Subdivision Improvement Agreement, Parcel Map 10632, northeast corner of Interstate 5 and State Route 119 (Taft Highway), south of Bakersfield, and proposed Resolution for acceptance of Erro Ranch Road into the County road system and acceptance of street improvements for maintenance (Fiscal Impact: None) - APPROVED COMPLETED STREET IMPROVEMENTS; RELEASED FAITHFUL PERFORMANCE BOND NO , IN THE AMOUNT OF $98,788, ISSUED BY WESTERN SURETY COMPANY; RELEASED LABORERS AND MATERIALMEN BOND NO , IN THE AMOUNT OF $49,394, ISSUED BY WESTERN SURETY COMPANY; ADOPTED RESOLUTION FOR ACCEPTANCE OF ERRO RANCH ROAD, WITHIN PARCEL MAP 10632, INTO THE COUNTY ROAD SYSTEM AND ACCEPTANCE OF STREET IMPROVEMENTS FOR MAINTENANCE

8 Summary of Proceedings Page 14 RESOURCE MANAGEMENT AGENCY Roads Department S.D. #1 CA-18) Contract No Plans, Specifications and Notice to Contractors for construction on Famoso Porterville Highway, McFarland (Fiscal Impact: $3,051,631; Federal CMAQ and RSTP Funds; Budgeted; Discretionary) - MADE FINDING THAT PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF CEQA, PER SECTION 15301(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, FEBRUARY 25, 2009, AT 11:00 A.M. CA-19) Proposed Contract No with Granite Construction Company for construction on Lake Isabella Boulevard from Lake Isabella Park to Erskine Creek Road, in an amount not to exceed $182, (Fiscal Impact: $182,299.20; Federal TEA Funds; Road Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT ) Proposed Easement Deed and Right-of-Way Contract with Leonard A. Bidart, Successor Trustee of the Leonard Anton Bidart Present Interest Trust, et al, for approximately 87,111 square feet of property for improvement of Seventh Standard Road (Fiscal Impact: $53,000; Seventh Standard Road Widening Fund; Budgeted; Discretionary) - WITHDRAWN 21) Proposed Easement Deed and Right-of-Way Contract with Bidart Bros., a California Corporation, for approximately 261,419 square feet of property for improvement of Seventh Standard Road (Fiscal Impact: $158,000; Seventh Standard Road Widening Fund; Budgeted; Discretionary) - WITHDRAWN 22) Proposed Easement Deed and Right-of-Way Contract with Bidart Bros., a California Corporation, for approximately 109,222 square feet of property for improvement of Seventh Standard Road (Fiscal Impact: $300,000; Seventh Standard Road Widening Fund; Budgeted; Discretionary) - WITHDRAWN COUNTY ADMINISTRATIVE OFFICE CA-23) Proposed contribution to Boys & Girls Clubs of Kern County in the amount of $1,227 (Fiscal Impact: $1,227; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO PAY CA-24) Proposed response to Grand Jury Report entitled General Services Reprographics (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE

9 Summary of Proceedings Page 15 CA-25) Proposed intangible award in the amount of $250 to Mr. Marshall Smith, as recommended by Employee Suggestion Award Committee (Fiscal Impact: $250; Not Budgeted; Discretionary - APPROVED; AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO PAY 26) Proposed Agreement with KNN Public Finance for general municipal finance consulting services for a term expiring January 31, 2012, in an amount not to exceed $32,500 annually (Fiscal Impact: Not to exceed $32,500 Annually; Budgeted; Discretionary) (from 1/13/2009) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT Rubio-Watson: All Ayes CA-27) Proposed sole source Agreements with KNN Public Finance for municipal finance consultant services, in an amount not to exceed $165,000, and Stradling, Carlson, Yocca and Rauth for Special and Disclosure Counsel, in an amount not to exceed $95,000, for the issuance of the 2009 Certificates of Participation for Solid Waste System Improvements (Fiscal Impact: $260,000; Not Budgeted; Discretionary) (from 1/13/2009) - CONTINUED TO TUESDAY, FEBRUARY 3, 2009, AT 2:00 P.M. NOTE: CHAIRMAN MCQUISTON PASSED THE GAVEL TO VICE CHAIRMAN RUBIO AND LEFT THE MEETING PRIOR TO THE VOTE ON ITEM NO ) Response to referral of November 18, 2008, regarding monthly update of economic conditions and budgetary impacts, and Fiscal Year County budget mid-year status report, and proposed mid-year budget reductions (Fiscal Impact: None) (from 12/09/2008 and 12/16/2008) - MICHAEL TURNIPSEED, KERN COUNTY TAXPAYERS ASSOCIATION, HEARD; CONTINUED TO TUESDAY, FEBRUARY 3, 2009, AT 2:00 P.M. Rubio-Maben: 4 Ayes; 1 Absent - McQuiston Legislative Matters CA-29) Inclusion of safety net hospitals in federal economic stimulus initiative (Fiscal Impact: None) - ADOPTED POSITION OF SUPPORT; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE CA-30) Proposed Resolution requesting legislation to exempt renewable energy projects and military installations from vehicle emissions inventories for purposes of counties compliance with SB 375 (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION ; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE CA-31) Proposed Resolution requesting legislation to streamline environmental reviews of biogas pipelines to enable electricity generation using methane gas produced by dairy operations and to seek opportunities to fund technologically advanced infrastructure for the same purpose (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION ; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE

10 Summary of Proceedings Page 16 COUNTY ADMINISTRATIVE OFFICE General Services Division S.D. #2 CA-32) Plans and specifications for Boron Senior Center Improvements, Phase I ( ) (Fiscal Impact $271,700; Community and Economic Development Block Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED GENERAL SERVICES TO PUBLISH PURSUANT TO PUBLIC CONTRACT CODE SECTION 20125; BID OPENING TO BE THURSDAY, MARCH 5, 2009, AT 11:00 A.M. S.D. #3 CA-33) Change Order No. 10 for the new Emergency Operations Center, an increase of $6,873, for a new total of $2,538,331 ( ) (Fiscal Impact: $6,873; General Fund; Budgeted) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN S.D. #5 34) Plans and specifications for the new Bakersfield Animal Shelter Administration Building ( ) (Fiscal Impact: $897,700; General Fund; Budgeted; Discretionary) (from 12/16/2008) - REFERRED TO FISCAL YEAR BUDGET FILE Watson-Maben: 4 Ayes; 1 Absent - McQuiston All S.D. s CA-35) Request to increase blanket purchase orders with Trans West Security Services, Seaco Technologies, and Teletrak Transcription Services that exceed $100,000 for goods and services (Fiscal Impact: $100,000 Annually; General Fund; Budgeted; Discretionary) - APPROVED MATTERS FOR EXECUTIVE APPROVAL CA-36) Budget Transfers - APPROVED NO. 217 CA-37) CA-38) CA-39) Minutes for week of January 5, APPROVED Miscellaneous Letters and Documents - APPROVED Miscellaneous Departmental Referrals by Clerk of the Board - APPROVED AND FILED CA-40) Claims and Lawsuits filed with and referred by Clerk of the Board - APPROVED AND FILED

11 Summary of Proceedings Page 17 ADJOURNED TO TUESDAY, FEBRUARY 3, 2009, AT 9:00 A.M. Maben /s/ Kathleen Krause Clerk of the Board /s/ Jon McQuiston Chairman, Board of Supervisors

12 Summary of Proceedings Page 18 38) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED Animal Control A) Sixteen (16) thank you letters for donations to the Kern County Animal Shelters (Copies to each Supervisor and CAO) Assessor-Recorder B) Press release re Kern County Hall of Records Centennial Celebration Day on Wednesday, January 28, 2009 (copies to each Supervisor and CAO) Auditor-Controller-County Clerk C) 2008 County of Kern Comprehensive Annual Financial Report (CAFR) County Administrative Office D) Revision to Chapter 1, Section of the Administrative Policy and Procedures Manual to correct erroneous statement related to calculation of years of services for retirement purposes for employees working a reduced work schedule Grand Jury E) Final Report re Kern County - General Services Reprographics (Copies to each Supervisor, CAO and General Services) Treasurer-Tax Collector F) Declaration of Intent to Seize Property from Debra K. Parrish (Copies to each Supervisor, CAO and County Counsel) Miscellaneous G) Letter from Brad Hallford re traffic accident of his wife on December 4, 2008, and lack of response from California Highway Patrol (Copies to each Supervisor and CAO) H) Letter from J. Paul Loether, US. Department of the Interior, National Park Service, re designation of Forty Acres in Kern County as a National Historic Landmark (Copies to each Supervisor, CAO, Parks, County Counsel and General Services) I) Letter from Brian W. Hockett, North West Kern Resource Conservation District, re copy of their 2008 Annual Report (Copies to each Supervisor, CAO and Agricultural Commissioner) J) from Beatrice M. Flores re issues concerning pet population (Copies to each Supervisor, CAO, Resource Management Agency-Animal Control) K) from Fred Rose re businesses leaving California (Copies to each Supervisor and CAO) L) Notice of meeting from Centennial Corridor Project on Tuesday, January 27, 2009 (Copies to each Supervisor and CAO) M) Notice of Debt Validation from Quality Loan Service Corp. and Notice of Default and Election to Sell Under Deed of Trust re property of Karla Luarte (Copy to General Services-Property Management)

13 Summary of Proceedings Page 19 N) Notice of Availability from California Public Utilities Commission re rulemaking proceeding to consider regulations to reduce potential fire hazards (Copies to each Supervisor, CAO, General Services and County Counsel) O) Notice of Default and Election to Sell Under Deed of Trust from NDEx West, LLC, re property of Elizabeth Schaffel Burrell (Copy to General Services-Property Management) P) Notice of Default and Election to Sell Under Deed of Trust from California Reconveyance Company re property of Elias Ornealas and Laura Ornealas at 15 Rexland Drive, Bakersfield (Copy to General Services-Property Management) Q) Notice of Trustee s Sale from NDEx West, LLC, re property at 2714 Allen Road, Bakersfield (Copy to General Services-Property Management) R) Notice from University of California Merced Small Business Development Center (SBDC) re Requests for Proposals for selection of a contractor to operate the SBDC in the Kern County, Salinas Valley and San Luis Obispo County regions (Copies to each Supervisor, CAO and Community & Economic Development) S) Resolution from City of Arvin approving property tax sharing agreement with the County of Kern concerning Annexation No. 17 and LAFCO Proceeding No (Copies to each Supervisor and CAO) T) Minutes of meeting from Kern County Behavioral Health Board on Monday, November 24, 2008 U) Minutes of meeting from Kern County Commission on Aging Executive Committee on Thursday, November 6, ) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) from Luz Vargas Morganti, Civil Service Commission, City & County of San Francisco, re salary survey for the position of Board of Supervisors - REFERRED TO COUNTY ADMINISTRATIVE OFFICE 40) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY THE CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Harvey Warren, II vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) B) Claim in the matter of Pacific Gas and Electric Company vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) C) Claim in the matter of Edward Rivas vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) D) Claim in the matter of Juan Blanco and Irma Blanco vs. Kern County, et al - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) E) Claim in the matter of Michele Kirwin vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) F) Claim in the matter of Stephen Irwin and Kenneth Irwin, Sr. vs. Kern County, et al - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

14 Summary of Proceedings Page 20 G) Claim in the matter of Samantha Mia Faith Ramirez, a minor, by and through her Guardian ad Litem, Lorraine Black vs. Kern County, et al - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) H) Claim in the matter of Nathan Tya Ramirez, a minor, by and through his Guardian ad Litem, Lorraine Black vs. Kern County, et al - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) I) Claim in the matter of Patrick Gage Ramirez, a minor by and through his Guardian ad Litem, Lorraine Black vs. Kern County, et al - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) J) Claim in the matter of Lorraine Black vs. Kern County, et al - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) K) Claim in the matter of Elizabeth Hinojosa vs. Kern County, et al - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)