SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, March 20, :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, MARCH 20, 2012, AT 9:00 A.M. - NO REPORTABLE ACTION TAKEN 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 7 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) Request from Golden Queen Mining Company, Inc., to vacate a portion of New Eagle Road, located on the south side of Silver Queen Road, approximately 3/4 mile west of Holt Street, southwest of Mojave (S.D. #2) Specific Request: A Nonsummary vacation of an approximate 460-foot-wide portion of New Eagle Road, located approximately five miles southwest of Mojave ( Streets and Highways) (General Rule, Section 15061(b)(3); Published Mojave Desert News) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION, ADOPTED RESOLUTION APPROVING NONSUMMARY VACATION, RESERVING AND EXCEPTING A PUBLIC UTILITY EASEMENT FOR ANY EXISTING UTILITIES DEPARTMENTAL REQUESTS DEVELOPMENT SERVICES AGENCY Planning and Community Development Department S.D. #1 CA-4) Request from Dolgen California, LLC for determination of public convenience for the issuance of an off-sale beer and wine alcohol license at 2317 N. Chester Avenue, Bakersfield, pursuant to the Alcohol Beverage Control Act, Section of the Business and Professions Code (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION S.D. #3 CA-5) Request from Ace Patio and Wine for determination of public convenience for the issuance of an off-sale beer and wine public premises alcohol license at Rosedale Highway, Bakersfield, pursuant to the Alcohol Beverage Control Act, Section of the Business and Professions Code (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION

3 Summary of Proceedings Page 8 AIRPORTS CA-6) Request approval of mid-year fixed asset acquisition of airfield striper for the purpose of maintaining the airfield markings on the six outlying general aviation airports and Meadows Field Airport, in an amount not to exceed $26, (Fiscal Impact: $26,242.58; Airports Enterprise Fund; Not Budgeted; Discretionary) - APPROVED COUNTY ADMINISTRATIVE OFFICE 7) Continuation of presentations on departmental program prioritization plans for FY and three-year staffing projections (Fiscal Impact: None) - HEARD PRESENTATIONS BY COUNTY DEPARTMENTS DURING THE 9:00 A.M. SESSION (See Item No. 3 AM) CA-8) CA-9) Request for acceptance of donation to Kern County Library from Friends of the Library, Inc., in the amount of $48,834 (Fiscal Impact: $48,834 Donation; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN LETTER OF APPRECIATION Proposed Agreement to join California Enterprise Development Authority as Associate Member (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-10) Appointments of Teresa Hitchcock, Administrative Analyst, to Redevelopment Successor Agency Oversight Boards for Bakersfield, Ridgecrest, Shafter, Taft and Wasco, and Chase Nunneley, Administrative Analyst, to Redevelopment Successor Agency Oversight Boards for Arvin, California City, Delano, McFarland and Tehachapi, terms to expire June 30, 2016 (Fiscal Impact: None) - MADE APPOINTMENTS Legislative Matters CA-11) SB 973 (Vargas), exempting special events and park permits from environmental impact reviews under the California Environmental Quality Act (CEQA) (Fiscal Impact: None) - ADOPTED POSITION OF SUPPORT; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE CA-12) AB 1590 (Campos), requiring Ralph M. Brown Open Meetings Act to apply to assessment appeals boards (Fiscal Impact: None) - ADOPTED POSITION IN OPPOSITION; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE CA-13) Kern County Valley Floor Habitat Conservation Plan, federal funding assistance (Fiscal Impact: None) - ADOPTED POSITION OF SUPPORT; AUTHORIZED SUBMITTAL OF TESTIMONY; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE

4 Summary of Proceedings Page 9 COUNTY ADMINISTRATIVE OFFICE General Services Division S.D. #3 CA-14) Request to accept highest bid from Ron Burgess in the sale of remnant property at 4700 Pioneer Drive, Bakersfield, in the amount of $15,000 (Fiscal Impact: $15,000; Not Budgeted; Discretionary) - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15312; ACCEPTED BID; APPROVED; ADOPTED RESOLUTION ; AUTHORIZED CHAIRMAN TO SIGN QUITCLAIM DEED MATTERS FOR EXECUTIVE APPROVAL CA-15) Budget Transfers - APPROVED NOS. 155 AND 169 CA-16) CA-17) CA-18) Minutes for week of January 23, APPROVED WITH CORRECTION TO TUESDAY, JANUARY 24, 2012, ITEM NO. 32 P.M., CORRECTING "APPROVED NOS. 122 THROUGH 124" TO APPROVED NOS. 121 THROUGH 124 Miscellaneous Letters and Documents - FILED Letters Received and Referred by Clerk of the Board - APPROVED AND FILED CA-19) Claims and Lawsuits Filed with and Referred by Clerk of the Board - APPROVED AND FILED ADJOURNED TO MONDAY, MARCH 26, 2012, AT 9:00 A.M., FOR CLOSED SESSION Watson /s/ Kathleen Krause Clerk of the Board /s/ Zack Scrivner Chairman, Board of Supervisors

5 Summary of Proceedings Page 10 17) MISCELLANEOUS LETTERS AND DOCUMENTS FILED Local Agency Formation Commission A) Notice of Hearing in the matter of Public Hearing on Fiscal Year LAFCO Preliminary Budget (Copies to CAO and Development Services Agency) B) Notice of Hearing, Proceeding No in the matter of City of Bakersfield, Annexation No. 635 (Landco No. 2) (Copy to Development Services Agency) C) Notice of Hearing, Proceeding No in the matter of City of Bakersfield, Annexation No. 556 (Stine No. 14) (Copy to Development Services Agency) Planning and Community Development D) Letter to Jim Eggert, City of Bakersfield Planning Director, re Proposed Amendment to the Kern River Plan Element (Panorama Vista Preserve: GPA/ZC ), March 14, 2012 Planning Commission Hearing (Copies to each Supervisor and CAO) Roads E) Recorded Public Access Easement and Irrevocable Offer of Dedication of Real Property from Windstar Energy, LLC for right-of-way on 90th Street West, Rosamond, per condition of approval for Zone Change Case No. 44, Map No. 197 (Document No ) F) Recorded Grant of Easement Deed from Fairfax Elementary School District for improvements along Fairfax Road between Redbank Road and State Route 58 (Document No ) Sheriff G) Rural Crime Investigation Unit Bulletin re United States Attorney meets with Agriculture, Law Enforcement Officials to discuss Agricultural Marijuana Enforcement in the Central Valley (Copies to each Supervisor, CAO, Agriculture and County Counsel) Miscellaneous H) Letter from Jon Snellstrom, California Department of Fish and Game, re Economic Impact Analysis added as attachments to the initial Statements of Reasons concerning Mammal Hunting Regulations (Copy to Development Services Agency) I) Letter from Mayor Harvey L. Hall, City of Bakersfield, recipient of the 2011 Darrel Hildebrand Distinguished Leadership Award from Kern Council of Governments and expressing thanks for a Certificate of Recognition (Copies to each Supervisor and CAO) J) Letter from Merced County re San Joaquin Valley Regional Association of California Counties Executive Committee (Copies to each Supervisor and CAO) K) Letter from Marcia Eyherabide re how to eliminate methane gas using turbine technology (Copies to each Supervisor, CAO and Planning and Community Development)

6 Summary of Proceedings Page 11 L) from U.S. Census Bureau re Status of the American Community Survey (Copies to each Supervisor, CAO and County Counsel) M) Report from California Department of Transportation re Notice of Availability of Draft Environmental Document and Announcement of Public Hearing for State Route 178 Widening Project (Copies to each Supervisor, CAO, Roads, Planning and Community Development, Engineering, Surveying and Permit Services and County Counsel) N) Press Release from California Department of Transportation re Local Partners Share Commitment to Reduce Litter in Kern County (Copies to each Supervisor and CAO) O) Notice from State Department of Alcoholic Beverage Control re application for alcoholic beverage license from: Albertsons 6337, 2547 W. Rosamond Blvd., B, Rosamond; and Airport Market, 1306 Airport Drive, Bakersfield (Copies to Planning and Community Development and Environmental Health Services) 18) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Letter from E. Flanagan re claims filed for broken windshields - REFERRED TO COUNTY COUNSEL (Copies to each Supervisor and CAO) B) from Ricca Charlon re Ridgecrest Redevelopment Successor Agency - REFERRED TO CAO (Copies to each Supervisor and County Counsel) C) Resolution # , Resolution of the Board of Trustees of the Taft City Elementary School District Ordering an Election to Authorize the Issuance of School Bonds, Establishing Specifications of the Election Order, and Requesting Consolidation with Other Elections Occurring on June 5, REFERRED TO ELECTIONS 19) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Jonathan A. Castillo vs. County of Kern - REFERRED TO B) Claim in the matter of Anthony Curasi vs. County of Kern - REFERRED TO C) Claim in the matter of Lanny Davenport vs. County of Kern - REFERRED TO D) Claim in the matter of Lucy DeYoung and John DeYoung vs. County of Kern - REFERRED TO E) Claim in the matter of Christopher Galaske vs. County of Kern - REFERRED TO F) Claim in the matter of Ronald Haramia vs. County of Kern - REFERRED TO

7 Summary of Proceedings Page 12 G) Claim in the matter of Paul Jaynes vs. County of Kern - REFERRED TO H) Claim in the matter of Susan Jaynes vs. County of Kern - REFERRED TO I) Claim in the matter of Asatur Kasamanian vs. County of Kern - REFERRED TO J) Claim in the matter of Janette Kenyon vs. County of Kern - REFERRED TO K) Claim in the matter of Jason Kimmel vs. County of Kern - REFERRED TO L) Claim in the matter of Santos Ibarra Lopez vs. County of Kern - REFERRED TO M) Claim in the matter of Sonia Mace vs. County of Kern - REFERRED TO N) Claim in the matter of Mid-Century Insurance Company vs. County of Kern - REFERRED TO O) Two (2) claims in the matter of Emmanuel Escobedo Padilla vs. County of Kern - REFERRED TO P) Claim in the matter of Ashley Rees vs. County of Kern - REFERRED TO Q) Claim in the matter of Carl Reese vs. County of Kern - REFERRED TO R) Claim in the matter of Deborah Reyna vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management ) S) Claim in the matter of Celia Rogers vs. County of Kern - REFERRED TO T) Claim in the matter of Robert Edward Slaughter vs. County of Kern (received March 6, 2012) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) U) Claim in the matter of Robert Edward Slaughter vs. County of Kern (received March 7, 2012) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) V) Claim in the matter of Brian Tripp vs. County of Kern - REFERRED TO W) Summons and Complaint in the matter of Sherry E. McClure; Lauren McClure, a minor by and through her Guardian ad Litem, Sherry E. McClure vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) X) Summons and Complaint in the matter of Robert Glen Mistriel vs. County of Kern et al. - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) ###