SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN BOARD RECONVENED 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, August 18, :00 P.M. Supervisors: McQuiston, Maben, Maggard, Watson, Rubio ROLL CALL: All Present NOTE: The vote is displayed in bold below each item. For example, McQuiston-Watson denotes Supervisor McQuiston made the motion and Supervisor Watson seconded the motion. CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: ALL ITEMS LISTED WITH A "CA" OR "C" WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION. BOARD ACTION SHOWN IN CAPS REPORT ON ACTIONS TAKEN IN CLOSED SESSION ON TUESDAY, AUGUST 18, 2009, AT 9:00 A.M. - NO REPORTABLE ACTION PUBLIC REQUESTS 1) Request of Anne Lombardo, Southern Site Representative, Public Participation Team, Sierra Nevada Adaptive Management Project, to address the Board regarding University of California forest study - HEARD PRESENTATION BY ANNE LOMBARDO; RECEIVED AND FILED Maben-Watson: All Ayes PUBLIC PRESENTATIONS 2) This portion of the meeting is reserved for persons to address the Board on any matter not on this agenda but under the jurisdiction of the Board. Board members may respond briefly to statements made or questions posed. They may ask a question for clarification, make a referral to staff for factual information or request staff to report back to the Board at a later meeting. Also, the Board may take action to direct the staff to place a matter of business on a future agenda. SPEAKERS ARE LIMITED TO TWO MINUTES. PLEASE STATE AND SPELL YOUR NAME BEFORE MAKING YOUR PRESENTATION. THANK YOU! NO ONE HEARD BOARD MEMBER ANNOUNCEMENTS OR REPORTS 3) On their own initiative, Board members may make an announcement or a report on their own activities. They may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda (Gov. Code Sec [a]) NO ONE HEARD

2 Summary of Proceedings Page 7 CONTINUED HEARINGS RESOURCE MANAGEMENT AGENCY Planning Department 4) Request from Western Oilfields Supply Company by Hansen Engineering to vacate a portion of Pierce Road, north of State Road, Oildale (SD #3) Specific Request: Nonsummary Vacation of a portion of Pierce Road, north of State Road, Oildale ( Streets and Highways) (General Rule, Section 15061(b)(3); Published Bakersfield Californian) (from 6/9/2009 and 7/14/2009) - MATTHEW STEVENSON, REPRESENTING RAIN FOR RENT, HEARD; CONTINUED TO TUESDAY, SEPTEMBER 15, 2009, AT 2:00 P.M. Rubio-Watson: All Ayes 5) Request from Neighborhood Development, LLC, to change the permitted uses from exclusive agriculture, 1/4-acre estate residential, and commercial to multi-family residential, low density residential, 1/4-acre estate residential, and commercial and to realign the planned right-of-way alignment for Driver Road, on 78 acres located north of Rosedale Highway, south of Meacham Avenue, both sides of Driver Road, Rosedale area (S.D. #4) Specific Request: (a) Amend the Western Rosedale Specific Plan from Map Code(s) R-IA and SR to Map Code(s) SR, GC, LMR, and HR or more restrictive map code designations (SPA #71, Map #101) (b) A change in zone classification from A, E (1/2) RS, and E (1) RS to E (1/4) CL, R-1 CL, R-3 PD CL, and C-2 PD CL or more restrictive districts (ZCC #159, Map #101) (c) Rescission of the Specific Plan Line for Driver Road to place the collector road back on the midsection line; project will allow development for up to 309 dwelling units with 10 acres to be developed with multi-family units and 50 acres with single-family units (6,000 square feet to 1/4 acre lot size); 85,000 square feet of commercial on approximately 12 acres and open space/park under power lines on approximately 6 acres, for a total of 78 acres (Environmental Impact Report; Published Bakersfield Californian) (from 6/16/2009 and 8/11/2009) - SUPERVISOR MCQUISTON STATED THAT FOLLOWING HIS ABSENCE FROM THE 2:00 P.M. BOARD MEETING ON AUGUST 11, 2009, HE HAS REVIEWED ALL PREVIOUS MEETING VIDEO AND DOCUMENTS RELATED TO THIS ITEM IN ORDER TO PARTICIPATE IN TODAY S DECISION-MAKING PROCESS OPENED HEARING; ANDREIS LEWIS, REPRESENTING NEIGHBORHOOD DEVELOPMENT, LLC; RANDALL KRAMER; RICHARD FISHER; HARRY LOVE, REPRESENTING KERN AUDUBON SOCIETY; BOB BRANCH; STEVE KRAMER; HAROLD PERRY; DANA DORIS; THOMAS WONDERLY; MICHELLE TUCKER; BILL VARNER; BRIAN RENNINGER; EDWARD TUCKER; WALTER BOWEN; AND JOHN FARLEY, HEARD; CLOSED HEARING; MOTION TO APPROVE REQUEST AS RECOMMENDED BY STAFF Watson-Rubio: 2 Ayes; 3 Noes - McQuiston, Maben, Maggard MOTION FAILED (Continued on Page 8)

3 Summary of Proceedings Page 8 (Continued from Page 7) MOTION TO REFER BACK TO STAFF Maben MOTION TO REFER BACK TO STAFF WITHDRAWN BY SUPERVISOR MABEN REFERRED TO PLANNING TO CONDUCT A STUDY SESSION FOR THE UPDATE OF THE METROPOLITAN-BAKERSFIELD GENERAL PLAN TO INCLUDE THE URBAN OPPORTUNITIES MAP BOUNDARIES; DIRECTED CLERK OF THE BOARD TO SCHEDULE EVENING BOARD MEETING FOR THIS PURPOSE Rubio-Maben: All Ayes HEARINGS RESOURCE MANAGEMENT AGENCY Planning Department CA-6) Request from Clark and Nancy Goehring by Hansen Engineering to cancel a 1.46-acre portion of an approximate acre parcel of a Land Use Contract and approval of a Contract Amending Land Use Contract on acres located at Poplar Avenue, Shafter (SD #1) Specific Request: Cancellation of a 1.46-acre portion of a acre parcel of a Land Use Contract and approval of a Contract Amending Land Use Contract on acres (Cancellation #09-3 Map #79) (General Rule, Section 15061(b)(3); Published Shafter Press) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING DEPARTMENT RECOMMENDATION, ADOPTED RESOLUTION APPROVING CANCELLATION SUBJECT TO PAYMENT OF PENALTY FEE; DIRECTED CLERK OF THE BOARD TO RECORD CONTRACT AMENDING LAND USE CONTRACT; DIRECTED CLERK OF THE BOARD TO ISSUE A TENTATIVE CERTIFICATE OF CANCELLATION AND ISSUE A CERTIFICATE OF CANCELLATION SUBJECT TO PAYMENT OF PENALTY FEE AND SUBJECT TO WRITTEN VERIFICATION FROM KERN COUNTY PLANNING DEPARTMENT THAT CONFIRMS THE APPLICANT IS IN COMPLIANCE WITH ALL OTHER CONDITIONS CONTAINED IN THE TENTATIVE CERTIFICATE OF CANCELLATION DEPARTMENTAL REQUESTS RESOURCE MANAGEMENT AGENCY Planning Department Land Use S.D. #2 CA-7) Proposed Williamson Act Land Use Contract No with Gotelli Futures, Alvin and Patricia Gotelli, FLP; Delano and Joy Gotelli, FLP, for 2010 Calendar Year, Agricultural Preserve No. 13; south Bakersfield, 159 acres (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; DIRECTED CLERK OF THE BOARD TO RECORD

4 Summary of Proceedings Page 9 CA-8) Proposed Williamson Act Land Use Contract No with Gotelli Futures, Alvin Gotelli, FLP; Del Gotelli, FLP; and Gogna FLP, for 2010 Calendar Year, Agriculture Preserve No. 19; south Bakersfield, 315 acres (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; DIRECTED CLERK OF THE BOARD TO RECORD S.D. #4 CA-9) Proposed rescission of a portion of an existing Williamson Act Land Use Contract and simultaneous approval of proposed Williamson Act Land Use Contract No with Federico Macias Gonzales, Maria Macias, Cesar Navarro and Isidra Navarro, for 2010 Calendar Year, Agricultural Preserve No. 5, west of Wasco, 297 acres (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; DIRECTED CLERK OF THE BOARD TO RECORD RESOURCE MANAGEMENT AGENCY Animal Control Department All S.D. s CA-10) Monthly Report for Animal Control Department (Fiscal Impact: None) - RECEIVED AND FILED RESOURCE MANAGEMENT AGENCY Community and Economic Development Department All S.D. s CA-11) CA-12) Proposed Kern Microenterprise Opportunity Program Loan Agreement, CD Project No , in substantial form for approval, and authorization for the Community and Economic Development Department Director to complete and sign the Agreement and any amendments thereto (Fiscal Impact: None) - APPROVED Request to designate the Resource Management Agency (RMA) Special Projects Manager as the County Official authorized to approve system access to U.S. Department of Housing and Urban Development s Integrated Disbursement and Information System (Fiscal Impact: None) - APPROVED RESOURCE MANAGEMENT AGENCY Engineering and Survey Services Hearing S.D. #4 13) Public hearing on proposed Resolution determining to adopt an ordinance enacting assessments with an escalation clause for the area formed as County Service Area No. 100 and Zone of Benefit No. 1, a portion of Frazier Park, Local Agency Formation Commission (LAFCO) Proceeding No (Fiscal Impact: $11,550; CSA s; Budgeted; Mandated) - CONTINUED TO TUESDAY, SEPTEMBER 15, 2009, AT 2:00 P.M. Rubio-Watson: All Ayes

5 Summary of Proceedings Page 10 S.D. #2 CA-14) Proposed retroactive Agreement with the Rosamond Community Services District for landscape maintenance of County Service Areas No and 63.6, Rosamond area, in an amount not to exceed $126,000 (Fiscal Impact: Estimated $126,000 in Fiscal Year ; CSA s; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT S.D. #3 CA-15) Proposed Consent to Common Use Agreement with Kern County Water Agency in association with Parcel Map No (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT RESOURCE MANAGEMENT AGENCY Roads Department S.D. #2 CA-16) Proposed change of speed limit from 55-miles-per-hour to 40-miles-perhour on 15th Street West between Rosamond Boulevard and Hook Avenue, a distance of 3,312 feet, Rosamond (Fiscal Impact: None) - APPROVED; REFERRED TO COUNTY COUNSEL FOR PREPARATION OF ORDINANCE S.D. #3 CA-17) CA-18) Proposed change of speed limit from 55-miles-per-hour to 35-miles-perhour on Morning Drive between Niles Street and Willis Avenue, a distance of 1,314 feet, Bakersfield (Fiscal Impact: None) - APPROVED; REFERRED TO COUNTY COUNSEL FOR PREPARATION OF ORDINANCE Proposed change of speed limit from 55-miles-per-hour to 35-miles-perhour on Monica Street between Breckenridge Road and Rosewood Avenue, a distance of 3,979 feet, Bakersfield (Fiscal Impact: None) - APPROVED; REFERRED TO COUNTY COUNSEL FOR PREPARATION OF ORDINANCE S.D. #5 CA-19) Contract No , identify apparent low bid of Innovative, Inc., for construction on Monterey Street from Virginia Street to West Drive and Pesante Road to Sterling Road, Bakersfield, in an amount not to exceed $96, (Fiscal Impact: $96,537.52; Road Fund; Budgeted; Discretionary) - IDENTIFIED APPARENT LOW BID; AUTHORIZED ROADS TO PREPARE CONTRACT DOCUMENTS AND RELEASE ALL OTHER BID GUARANTEES

6 Summary of Proceedings Page 11 All S.D. s CA-20) Proposed Engineering/Surveying Services Agreement with DeWalt Corporation for surveying on various projects, in an amount not to exceed $22,000 (Fiscal Impact: $22,000; Road Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-21) Proposed Engineering/Surveying Services Agreement with Cornerstone Engineering, Inc., for surveying on various projects, in an amount not to exceed $22,000 (Fiscal Impact: $22,000; Road Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-22) Proposed Engineering/Surveying Services Agreement with The Sapah Group, Inc., dba Higher Ground Engineering and Land Surveying for surveying on various projects, in an amount not to exceed $22,000 (Fiscal Impact: $22,000: Road Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-23) CA-24) Proposed Engineering/Surveying Services Agreement with Quad Knopf for project surveying on various projects, in an amount not to exceed $25,000 (Fiscal Impact: $25,000; Road Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT Proposed Engineering/Surveying Services Agreement with Advanced Geomatics Engineering, Inc., for surveying on various projects, in an amount not to exceed $22,000 (Fiscal Impact: $22,000; Road Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-25) Proposed Engineering/Surveying Services Agreement with CSD Engineering, Inc., dba Cannon for surveying on various projects, in an amount not to exceed $22,000 (Fiscal Impact: $22,000; Road Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT WASTE MANAGEMENT S.D. #1 CA-26) Contract No , proposed Plans, Special Provisions and Notice to Contractors for revegetation construction for the closure cover at the China Grade Sanitary Landfill (Fiscal Impact: $277,200; Solid Waste Enterprise Fund; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; DIRECTED CLERK OF THE BOARD TO FILE NOTICE OF EXEMPTION; AUTHORIZED WASTE MANAGEMENT TO PUBLISH NOTICE TO CONTRACTORS; BID OPENING TO BE WEDNESDAY, SEPTEMBER 9, 2009, AT 11:00 A.M.

7 Summary of Proceedings Page 12 All S.D. s CA-27) Proposed Amendment No. 1 to Agreement with GC Environmental, Inc., for landfill gas management and regulatory compliance services, extending the term to December 31, 2010, with no additional compensation beyond the original $400,000 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-28) CA-29) Proposed Amendment No. 1 to Agreement with SCS Engineers, Inc., for air and regulatory compliance and landfill gas management services, extending the term to December 31, 2010, with no additional compensation beyond the original $150,000 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT Proposed Amendment No. 1 to Agreement with Aeros Environmental, Inc., for landfill gas flare emissions source testing services, extending the term to December 31, 2012, with no additional compensation beyond the original $80,000 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-30) Proposed Agreement with Community Clean Sweep to provide public educational services and promote waste reduction from August 18, 2009 through June 30, 2010, in an amount not to exceed $35,000 (Fiscal Impact: $35,000; Solid Waste Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT COUNTY ADMINISTRATIVE OFFICE 31) Semi-annual report on departmental compliance issues and update on implementation of the Compliance and Accountability Plan (Fiscal Impact: None) - RECEIVED AND FILED Maggard-Rubio: All Ayes COUNTY ADMINISTRATIVE OFFICE General Services Division S.D. #1 CA-32) Proposed Agreement for Lease with the Delamater Family, LP, for lease of a portion of 200 North China Grade Loop, for Employers Training Resource, for a term of twenty-four months, in an amount not to exceed $81,070 (Fiscal Impact: $81,070; Federal; 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 UPON FINAL APPROVAL BY COUNTY COUNSEL

8 Summary of Proceedings Page 13 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 retroactive rescission of deletion of one (1) Maintenance Worker I-IV in Budget Unit 1610, effective June 30, 2009 (Fiscal Impact: None) - APPROVED; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE COUNTY ADMINISTRATIVE OFFICE Information Technology Services CA-35) Approve selection of Quagga, Inc., to provide Avaya maintenance, equipment purchases and project services for the County telephone network and authorize ITS to develop an agreement for approval (Fiscal Impact: None) - APPROVED CA-36) Response to referral of June 23, 2009, requesting complete results of Countywide Technology Assessment Survey (Fiscal Impact: None) - RECEIVED AND FILED CONSIDERATION OF ORDINANCES INTRODUCED AUGUST 11, 2009 CA-37) Proposed Ordinance adding Section to Chapter of Title 10 of the Kern County Ordinance Code establishing a 40-mile-per-hour speed limit on Roberts Lane, between Chester Avenue and Angus Lane, a distance of approximately 3,644 feet, Bakersfield - ENACTED ORDINANCE G-7911 CA-38) Proposed Ordinance adding Section to Chapter of Title 10 of the Kern County Ordinance Code establishing a 40-mile-per-hour speed limit on China Grade Loop between Airport Drive and Manor Street, a distance of approximately 7,950 feet, Bakersfield - ENACTED ORDINANCE G-7912 CA-39) Proposed Ordinance adding Section to Chapter of Title 10 of the Kern County Ordinance Code establishing a 40-mile-per-hour speed limit on Fruitvale Avenue between Snow Road and Olive Drive, a distance of approximately 5,301 feet, Bakersfield - ENACTED ORDINANCE G-7913 CA-40) Proposed Ordinance adding subsection (279) to Section of Chapter of Title 10 of the Kern County Ordinance Code establishing a no stopping zone along the south side of Niles Street, beginning at a point 75 feet west of the southwest curb return at Webster Street, thence westerly a distance of 410 feet, Bakersfield - ENACTED ORDINANCE G-7914

9 Summary of Proceedings Page 14 CA-41) Proposed Ordinance adding Section to Chapter of Title 10 of the Kern County Ordinance Code changing the speed limit from 45- miles-per-hour to 40-miles-per-hour on Cottonwood Road between Padre Street and Casa Loma Drive, a distance of approximately 4,290 feet, Bakersfield - ENACTED ORDINANCE G-7915 CA-42) Proposed Ordinance rescinding Section and adding Section to Chapter of Title 10 of the Kern County Ordinance Code changing the speed limit from 45-miles-per-hour to 40-miles-per-hour on Edison Highway between Edison Road and Malaga Road, a distance of approximately 5,553 feet, Bakersfield - ENACTED ORDINANCE G-7916 CA-43) Proposed Ordinance adding Section to Chapter of Title 10 of the Kern County Ordinance Code changing the speed limit from 45- miles-per- hour to 40-miles-per-hour on Brundage Lane between Edison Highway and Oswell Street, a distance of 15,378 feet, Bakersfield - ENACTED ORDINANCE G-7917 CA-44) Proposed Ordinance rescinding Section and adding Section to Chapter of Title 10 of the Kern County Ordinance Code changing the speed limit from 45-miles-per-hour to 40-miles-per-hour on Niles Street between Fairfax Road and Morning Drive, a distance of approximately 5,290 feet, Bakersfield - ENACTED ORDINANCE G-7918 CA-45) Proposed Ordinance rescinding Section and adding Section to Chapter of Title 10 of the Kern County Ordinance Code changing the speed limit from 55-miles-per-hour to 50-miles-per-hour on Edison Highway between Fairfax Road and Morning Drive, Bakersfield - ENACTED ORDINANCE G-7919 CA-46) CA-47) Proposed Ordinance accepting Commission on Peace Officer Standards and Training Selection and Training Requirements for Peace Officers employed by the Kern County Parks & Recreation Department and repealing Ordinance G ENACTED ORDINANCE G-7920 Proposed Ordinance renewing and amending Section and of Chapter 2.84 of Title 2 of the Kern County Ordinance Code authorizing the Assistant County Administrative Officer for General Services to execute specified real property leases and licenses - ENACTED ORDINANCE G-7921 MATTERS FOR EXECUTIVE APPROVAL CA-48) Budget Transfers - APPROVED NO. 004 CA-49) Minutes for week of July 6, APPROVED

10 Summary of Proceedings Page 15 CA-50) CA-51) Miscellaneous Letters and Documents - APPROVED Miscellaneous Departmental Referrals by Clerk of the Board - APPROVED AND FILED CA-52) Claims and Lawsuits filed with and referred by Clerk of the Board - APPROVED AND FILED ADJOURNED TO TUESDAY, AUGUST 25, 2009, AT 9:00 A.M. Rubio /s/ Kathleen Krause Clerk of the Board /s/ Jon McQuiston Chairman, Board of Supervisors

11 Summary of Proceedings Page 16 50) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED Auditor-Controller-County Clerk A) Report on refunds (Government Code Section 26906) of Erroneous Deposits pursuant to Board Resolution 71-4 Clerk of the Board B) Received, certified and transmitted to Recorder for recordation as follows: 1) Tract Map 6152 S.D. #2 2) Tract Map 7094 S.D. #2 3) Parcel Map S.D. #2 4) Parcel Map S.D. #5 Employers Training Resource C) Workforce Investment Act On-the-Job Training Agreements: 1) Bakersfield Memorial Hospital, Inc., WIA Title 201, dated July 7, ) Bakersfield Memorial Hospital, Inc., WIA Title 201, dated July 7, ) Benchmark Air Conditioning, Inc., WIA Title 307/501, dated June 16, ) Commworld of Kern County, Inc., WIA Title 201/102, dated July 29, ) Diamond Technologies, Inc., WIA Title 307/501, dated July 30, ) Hathaway, LLC., WIA Title 307/501, dated July 15, ) Just Johnson, Inc., WIA Title 201, dated May 27, ) Just Johnson, Inc., WIA Title 201, dated June 1, ) Just Johnson, Inc., WIA Title 201/102, dated July 15, ) Just Johnson, Inc., WIA Title 201/102, dated July 17, ) Macabe, Inc. dba ITEX, WIA Title 201, dated June 22, ) Macabe, Inc. dba ITEX, WIA Title 201, dated July 14, ) Oasis Air Conditioning, Inc., WIA Title 201, dated May 18, ) Park & Company, Inc. dba J. Alexander Company, WIA Title 201, dated May 18, ) Pokey Bones, LLC dba Faast Pharmacy, WIA Title 201, dated June 8, ) Pokey Bones, LLC dba Faast Pharmacy, WIA Title 201, dated June 8, ) Pokey Bones, LLC dba Faast Pharmacy, WIA Title 201, dated June 29, ) Pokey Bones, LLC dba Faast Pharmacy, WIA Title 201/102, dated July 21, ) Pros Incorporated, WIA Title 307/501, dated June 1, ) Railex, LLC dba Railex, WIA Title 201, dated May 19, ) Railex, LLC dba Railex, WIA Title 307/501, dated May 21, ) Railex, LLC dba Railex, WIA Title 167/501, dated June 8, ) Railex, LLC dba Railex, WIA Title 201, dated June 22, ) Riverside Ranch ASC Treatment Group dba Anne Sippi Clinic, WIA Title 201/102, dated July 27, ) Riverside Ranch ASC Treatment Group dba Anne Sippi Clinic, WIA Title 201/102, dated July 27, ) Riverside Ranch ASC Treatment Group dba Anne Sippi Clinic, WIA Title 201/102, dated July 27, ) Source One Payment Systems dba Meridian Payment Systems, WIA Title 201, dated May 26, ) Southern Sierra General Engineering, Inc., WIA Title 201/102, dated July 14, ) Special Treatment, Education & Prevention Services, Inc., dba STEPS, Inc., WIA Title 201/102, dated July 21, 2009

12 Summary of Proceedings Page 17 30) Townsend Industries, Inc. dba Townsend Design, WIA Title 201, dated June 2, ) V. O. & Co., Inc. dba Ashley Furniture Home Store, WIA Title 201, dated May 7, ) Valley Pacific Petroleum Services, Inc., WIA Title 201, dated May 28, ) WM. K Lyons Agency, Inc., WIA Title 201, dated July 29, 2009 D) Modification No. 5 to Agreement R with the State of California Employment Development Department to add American Recovery and Reinvestment Act provisions and extend the term to June 30, 2011 E) Modification No. 6 to Agreement R with the State of California Employment Development Department to add funds for the California Department of Corrections and Rehabilitation New Start program in the amount of $169,935 Local Agency Formation Commission F) Notice of Hearing, Proceeding No. 1584, in the matter of West Kern Water District, Sphere Amendment (Copies to each Supervisor, CAO and Resource Management Agency) G) Resolution No , Proceeding No. 1544, in the matter of City of Taft, Annexation No. 42 (Copies to each Supervisor, CAO and Resource Management Agency) H) Resolution No , Proceeding No. 1582, in the matter of Golden Hills Community Services District, Annexation No. 11 (Copies to each Supervisor, CAO and Resource Management Agency) I) Resolution No , Proceeding No. 1581, in the matter of City of Bakersfield, Annexation No. 598 (Washington No. 4) (Copies to each Supervisor, CAO and Resource Management Agency) J) Resolution No , Proceeding No. 1577, in the matter of City of Tehachapi, Annexation No. 83 (Copies to each Supervisor, CAO and Resource Management Agency) K) Letter from Virginia Gennaro, City of Bakersfield, re Proceeding No. 1586, Belle Terrace No. 2, Annexation No. 612 (Copies to each Supervisor, CAO and Resource Management Agency) L) Letter from Virginia Gennaro, City of Bakersfield, re Proceeding No. 1587, Allen No. 18, Annexation No. 618 (Copies to each Supervisor, CAO and Resource Management Agency) M) Letter from Virginia Gennaro, City of Bakersfield, re Proceeding No. 1589, Ashe No. 7, Annexation No. 515 (Copies to each Supervisor, CAO and Resource Management Agency) Treasurer-Tax Collector N) Cash Receipts and Disbursements for July 31, 2009 Miscellaneous O) Letter from Dennis Fox re Department of Parks and Recreation (DPR) policy of acquisitions while deferring maintenance and payment of in lieu fees to counties (Copies to each Supervisor, CAO, County Counsel and Parks)

13 Summary of Proceedings Page 18 P) Letter from Tom Frantz, Association of Irritated Residents, in opposition to the proposed Calash, LLC, project and their Mitigated Negative Declaration (Copies to each Supervisor, CAO, Planning and County Counsel) Q) Letter from Tina J. Terrell, U.S. Department of Agriculture, Forest Service, re changes to the Giant Sequoia National Monument management plan resulting from meetings held on June 18 and 19, 2009 (Copies to each Supervisor, CAO, Resource Management Agency and Parks) R) Letter from Leslie F. Grober, State Water Resources Control Board, re Permit Nos and (Application Nos and 18087) re petitions for temporary change involving the transfer of up to 6,400 acre feet of water from Placer County Water Agency and Sacramento Suburban Water District to the 2009 Drought Water Bank (Copies to each Supervisor, CAO and Resource Management Agency) S) Letter from Karma Hackney, California Emergency Management Agency, re a Secretarial disaster designation for the primary county of Tulare and the contiguous counties of Fresno, Inyo, Kern and Kings, due to agriculture losses caused by freeze, followed by excessive heat, occurring April 4 through April 22, 2009 (Copies to each Supervisor, CAO, Office of Emergency Services, Agricultural Commissioner and County Counsel) T) from Veronica Petrovsky, U.S. Army Corps of Engineers, re Lake Isabella Dam Situation Report for August 10, 2009 (Copies to each Supervisor, CAO, Resource Management Agency, Engineering & Survey Services, Office of Emergency Services, Emergency Medical Services, Fire and County Counsel) U) Notice of Trustee s Sale from NDEx West, LLC, re property located at 1425 Dogwood Way, Pine Mountain Club (APN ), Trustee Sale No (Copy to Property Management) V) Biennial Report for from Kern County Water Agency W) News Release from U.S. Department of Agriculture, Forest Service, re additional fire restrictions for Los Padres National Forest (Copies to each Supervisor, CAO and Fire) X) Agenda of meeting from Central Valley Regional Water Quality Control Board on Thursday, August 13, 2009 (Copies to each Supervisor and CAO) Y) Agenda of meeting from Kern Health Systems Board of Directors on Thursday, August 13, 2009 Z) Minutes of meeting from Kern Health Systems Board of Directors on Thursday, June 11, ) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Letter from Babak Naficy, Attorney for the Sierra Club, re notice of intent to commence litigation concerning the Bakersfield Land Investment II, LLC, project - REFERRED TO COUNTY COUNSEL (Copies to each Supervisor, CAO and Planning) B) Letter from Roberta Busby requesting reduction in cost of building permit for house construction - REFERRED TO ROADS (Copy to County Counsel)

14 Summary of Proceedings Page 19 52) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY THE CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Thomas L. Barnard vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) B) Claim in the matter of Susie Wu vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) C) Claim in the matter of Odessa L. Frank vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) D) Claim in the matter of Margo Kooren vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) E) Summons and complaint in the matter of Jason Arvizu vs. Kern County, et al - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) F) Summons and complaint in the matter of Home Builders Association of Kern County, Inc. vs. Kern County, et al - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)