SUMMARY OF PROCEEDINGS

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1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, June 12, :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, JUNE 12, 2012, AT 9:00 A.M. - Item No. 52 concerning a request for Closed Session regarding conference with designated labor negotiators, County Administrative Officer, John Nilon, and designated staff - Employee organizations: Kern County Probation Officers Association, Kern County Prosecutors Association, Service Employees International Union Local 521-Extra Help (Government Code Section ) - NO REPORTABLE ACTION TAKEN Item No. 53 concerning a request for Closed Session regarding a determination of whether the County will initiate or intervene in litigation or join as amicus curiae in a lawsuit (Government Code Section (c)) - THE BOARD CONFERRED WITH COUNSEL AND STAFF IN ORDER TO DETERMINE WHETHER THE COUNTY WOULD INITIATE A LAWSUIT ALLEGING THAT THE INDIAN WELLS VALLEY WATER DISTRICT S APPROVAL OF ITS WATER SUPPLY IMPROVEMENT PROJECT VIOLATED THE CALIFORNIA ENVIRONMENTAL QUALITY ACT BY A UNANIMOUS VOTE, THE BOARD DIRECTED COUNTY COUNSEL NOT TO INITIATE A LAWSUIT AT THIS TIME, AGAINST THE INDIAN WELLS VALLEY WATER DISTRICT RELATING TO ITS APPROVAL OF (Continued on Page 15)

2 Summary of Proceedings Page 15 (Continued from Page 14) THE WATER SUPPLY IMPROVEMENT PROJECT, AND FURTHER DIRECTED COUNTY COUNSEL TO WORK WITH THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT AND THE ENGINEERING, SURVEYING AND PERMIT SERVICES DEPARTMENT TO MONITOR STRICT COMPLIANCE WITH THE GROUND WATER SUPPLY MITIGATION MEASURES CONTAINED IN THE WATER DISTRICT S ENVIRONMENTAL IMPACT REPORT FOR THIS PROJECT Item No. 54 concerning a request for Closed Session regarding a determination of whether the County will initiate or intervene in litigation or join as amicus curiae in a lawsuit (Government Code Section (c)) - THE BOARD CONFERRED WITH COUNSEL AND STAFF IN ORDER TO DETERMINE WHETHER THE COUNTY WOULD INITIATE A SMALL CLAIMS ACTION AGAINST MR. DENIS AMBLE, A COUNTY EMPLOYEE, TO RECOUP OVERPAYMENT OF LONGEVITY PAY OWED BY MR. AMBLE TO THE COUNTY AND FOR WHICH HE HAS REFUSED TO PAY BY A UNANIMOUS VOTE, THE BOARD AUTHORIZED THE AUDITOR- CONTROLLER TO INITIATE AND PROSECUTE A SMALL CLAIMS ACTION AGAINST MR. AMBLE TO RECOVER THE FUNDS HE OWES TO THE COUNTY IN THE AMOUNT OF $ 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 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]) SUPERVISOR MAGGARD HEARD REGARDING BIKE LANE ON EASTBOUND OLIVE DRIVE AT SOUTHBOUND ON-RAMP TO HIGHWAY 99, BAKERSFIELD SUPERVISOR MAGGARD HEARD REGARDING SEWER SERVICE CONNECTION FEE INCREASE BY NORTH OF THE RIVER SANITARY DISTRICT NO. 1; REFERRED TO ENGINEERING, SURVEYING AND PERMIT SERVICES DEPARTMENT TO REVIEW JOINT POWERS AGREEMENT AND REPORT BACK FINDINGS AS APPROPRIATE Maggard-Watson: All Ayes NOTE: PRIOR TO CONSIDERING ITEM NO. 22, CHAIRMAN SCRIVNER ASKED FIRE CHIEF BRIAN MARSHALL TO PROVIDE AN UPDATE ON THE STATUS OF THE FIRE IN THE TWIN OAKS AREA; CHIEF MARSHALL HEARD

3 Summary of Proceedings Page 16 HEARINGS DEVELOPMENT SERVICES AGENCY Planning and Community Development Department CA-3) Request from Maricopa Orchards, LLC by Landmark Surveying and Engineering to cancel a 0.04-acre portion of a acre parcel and a 0.96-acre portion of a acre parcel of a Land Use Contract on land located on the north side of Maricopa Highway, approximately four miles east of Basic School Road, Maricopa area (S.D. #4) Specific Request: Cancellation of a 0.04-acre portion of a acre parcel and a 0.96-acre portion of a acre parcel of a Land Use Contract within Agricultural Preserve 12 (Cancellation #12-3 Map #205) (General Rule, Section 15061(b)(3); Published Bakersfield Californian) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION, ADOPTED RESOLUTION APPROVING CANCELLATION SUBJECT TO PAYMENT OF PENALTY FEE; 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 THE KERN COUNTY PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT THAT CONFIRMS THE APPLICANTS ARE IN COMPLIANCE WITH ALL OTHER CONDITIONS CONTAINED IN THE TENTATIVE CERTIFICATE OF CANCELLATION DEPARTMENTAL REQUESTS DEVELOPMENT SERVICES AGENCY Planning and Community Development Department All S.D.s CA-4) Proposed retroactive Amendment No. 2 to Consulting Agreement with Ted James, AICP, for additional consulting services to assist in development and approval of proposed Kern County Valley Floor Habitat Conservation Plan, and increase amount by $16,000 for a new not to exceed amount of $39,500, effective May 1, 2012 (Fiscal Impact: $16,000; Reimbursement from Oil and Gas Production Industry, Water Districts and others; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

4 Summary of Proceedings Page 17 DEVELOPMENT SERVICES AGENCY Engineering, Surveying and Permit Services Department Debt Advisory Committee Hearing S.D. #5 5) Hearing pursuant to the Tax Equity and Fiscal Responsibility Act (TEFRA) and proposed Resolution to approve issuance of $8,000,000 in multi-family housing revenue bonds by the California Statewide Communities Development Authority for the Water Gardens Apartments project at 1012 Water Street (APN ) and 2019 Quincy Street (aka 2018 Pacific Street) (APN ) (Fiscal Impact: None) - OPENED HEARING; JONATHAN HAWK, INTERCONTINENTAL AFFORDABLE HOUSING, INC., HEARD; CLOSED HEARING; APPROVED ISSUANCE OF BONDS FOR PURPOSES OF TEFRA BY CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY; ADOPTED RESOLUTION AS AMENDED TO INCLUDE A NOT TO EXCEED AMOUNT OF $8,000,000 AND PROVISION THAT APPROPRIATE DOCUMENTATION OF CLEAR TITLE BE OBTAINED PRIOR TO ISSUANCE OF BONDS Goh-Watson: All Ayes Hearings S.D. #3 CA-6) Protest hearing on proposed confirmation of costs incurred for nuisance abatement work located at 515 Plymouth Street, Bakersfield, APN (Fiscal Impact: $1,902.60; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; RECEIVED AND FILED REPORT; ADOPTED RESOLUTION CONFIRMING COSTS INCURRED BY COUNTY FOR WORK PERFORMED TO ABATE PUBLIC NUISANCE ON SUBJECT PROPERTY; ORDERED ANY COSTS, IF NOT PAID WITHIN TEN (10) DAYS, BE A LIEN AGAINST SUBJECT PROPERTY AND CONSTITUTE A SPECIAL ASSESSMENT TO BE PLACED ON TAX ROLL BY AUDITOR AND TO BE COLLECTED IN SAME MANNER AND SUBJECT TO SAME PENALTIES AS ORDINARY COUNTY TAXES ON REAL PROPERTY FROM WHICH NUISANCE WAS ABATED; DIRECTED ENGINEERING, SURVEYING AND PERMIT SERVICES DEPARTMENT TO MAIL NOTICE OF BOARD ACTION TO SUBJECT PROPERTY OWNERS

5 Summary of Proceedings Page 18 S.D. #5 CA-7) Request for determination of a public nuisance and order abatement involving demolition of abandoned and dangerous structure located at 1100 Grace Street, Bakersfield, APN (Fiscal Impact: $20,000; Budgeted; General Fund; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; ADOPTED RESOLUTION DECLARING FIRE DAMAGED AND ABANDONED STRUCTURES, AND TRASH, DEBRIS AND JUNK ON REAL PROPERTY TO BE A PUBLIC NUISANCE; DIRECTED ENGINEERING, SURVEYING AND PERMIT SERVICES DEPARTMENT TO POST AND MAIL NOTICE OF DETERMINATION PURSUANT TO ORDINANCE CODE ; IF NUISANCES ARE NOT ABATED WITHIN THIRTY (30) DAYS AFTER POSTING AND MAILING OF NOTICE OF DETERMINATION, AUTHORIZED ENGINEERING, SURVEYING AND PERMIT SERVICES DEPARTMENT TO USE ABATEMENT FUNDS TO AWARD BIDS FOR DEMOLITION AND REMOVAL OF STRUCTURE, CLEANUP OF PROPERTY AND TO PERFORM NECESSARY INSPECTIONS IN PERFORMANCE OF THE DEMOLITION CONTRACT CA-8) Request for determination of a public nuisance and order abatement involving demolition of abandoned and dangerous structure located at 2012 "P" Street, Bakersfield, APN (Fiscal Impact: $15,000; Budgeted; General Fund; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; ADOPTED RESOLUTION DECLARING ABANDONED STRUCTURES AND TRASH, DEBRIS, JUNK AND WEEDS ON REAL PROPERTY A PUBLIC NUISANCE; DIRECTED ENGINEERING, SURVEYING AND PERMIT SERVICES DEPARTMENT TO POST AND MAIL NOTICE OF DETERMINATION PURSUANT TO ORDINANCE CODE ; IF NUISANCES ARE NOT ABATED WITHIN 30 DAYS AFTER POSTING AND MAILING OF NOTICE OF DETERMINATION, AUTHORIZED ENGINEERING, SURVEYING AND PERMIT SERVICES DEPARTMENT TO USE ABATEMENT FUNDS TO AWARD BIDS FOR DEMOLITION AND REMOVAL AND TO PERFORM NECESSARY INSPECTIONS IN PERFORMANCE OF THE DEMOLITION CONTRACT CA-9) S.D. #4 Contract No , Plans, Specifications, and Notice to Contractors for Drainage Basin E935 washout repair and infiltration improvement (Fiscal Impact: $45,000; CSA 71.7, Budgeted; Discretionary) - MADE FINDING THAT PROJECT IS CATEGORICALLY EXEMPT FROM CEQA, PER SECTION 15301(d); AUTHORIZED ENGINEERING, SURVEYING AND PERMIT SERVICES DEPARTMENT TO FILE NOTICE OF EXEMPTION; APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED ROADS DEPARTMENT TO PUBLISH NOTICE TO CONTRACTORS IN A NEWSPAPER OF GENERAL CIRCULATION, PURSUANT TO SECTION OF PUBLIC CONTRACT CODE; BID OPENING TO BE WEDNESDAY, JULY 11, 2012, AT 11 A.M.

6 Summary of Proceedings Page 19 All S.D.s CA-10) Proposed Amendment No. 2 to Agreement with Latitude Geographics Group Ltd., for Geographic Information Systems (GIS) online mapping and data warehouse support services, extending term from July 1, 2012 to June 30, 2015, in an amount not to exceed $20,000 annually (Fiscal Impact: $20,000; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-11) Proposed Resolution establishing Fiscal Year Proposition 4 Appropriations Limit for County Service Areas (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION DEVELOPMENT SERVICES AGENCY Roads Department S.D. #2 CA-12) Contract No , identify apparent low, responsible and responsive bid of Griffith Company for construction on Bena Road at Walker Basin Creek Bridge and Caliente Creek Bridge, in an amount not to exceed $938,839 (Fiscal Impact: $938,839; Road Fund; Budgeted; Discretionary) - IDENTIFIED APPARENT LOW BID; AUTHORIZED ROADS TO PREPARE CONTRACT DOCUMENTS AND RELEASE ALL OTHER BID GUARANTEES S.D. #3 CA-13) Proposed Contract No with Granite Construction Company for construction on Verdugo Lane from State Route 58 to Hageman Road, Bakersfield, in an amount not to exceed $567,412 (Fiscal Impact: $567,412; Federal Regional Surface Transportation Program Funds; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT S.D. #4 CA-14) Proposed establishment of a 50-mile-per-hour speed limit on Heath Road from Brimhall Road to State Route 58 (Rosedale Highway), a distance of 5,290 feet (Fiscal Impact: None) - APPROVED; REFERRED TO COUNTY COUNSEL FOR PREPARATION OF ORDINANCE CA-15) Proposed establishment of a 45-mile-per-hour speed limit on Meacham Road from Allen Road to Renfro Road, a distance of 5,297 feet (Fiscal Impact: None) - APPROVED; REFERRED TO COUNTY COUNSEL FOR PREPARATION OF ORDINANCE

7 Summary of Proceedings Page 20 S.D.s #1 & #2 CA-16) Proposed Contract No with Granite Construction Company for manufacturing, delivering and placing asphalt concrete stockpile at various locations in eastern Kern County, in an amount not to exceed $594,950 (Fiscal Impact: $594,950; Road Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT S.D.s #1 & #4 CA-17) Proposed Contract No with Granite Construction Company for manufacturing, delivering and placing asphalt concrete stockpile at various locations in western Kern County, in an amount not to exceed $1,102,625 (Fiscal Impact: $1,102,625; Road Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT S.D.s #1, #2, #3 & #5 CA-18) Proposed Contract No with Granite Construction Company for manufacturing, delivering and placing asphalt concrete stockpile at various locations in Kern County, in an amount not to exceed $954,250 (Fiscal Impact: $954,250; Road Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT All S.D.s CA-19) Proposed Amendment No. 1 to Engineering Services Agreement with Ruettgers and Schuler Civil Engineers for the development of a bike plan, to extend term for an additional two (2) years to June 30, 2014 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-20) Proposed Amendment No. 2 to Engineering Services Agreement with Ruettgers and Schuler Civil Engineers for development of a Project Study Report, Project Development Support (Study), to extend term an additional two (2) years to June 30, 2014 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT WASTE MANAGEMENT S.D. #4 CA-21) Contract No , identify apparent low, responsible and responsive bid of Gilliam and Sons, Inc., for Taft Recycling and Sanitary Landfill Module 1 Waste Relocation, in an amount not to exceed $595,941 (Fiscal Impact: $595,941; Solid Waste Enterprise Fund; Budgeted; Discretionary) - IDENTIFIED APPARENT LOW BID; AUTHORIZED WASTE MANAGEMENT TO RELEASE ALL OTHER BID GUARANTEES AND PREPARE CONTRACT DOCUMENTS

8 Summary of Proceedings Page 21 COUNTY ADMINISTRATIVE OFFICE 22) Response to May 29, 2012 referral regarding Board of Supervisors salary adjustments and proposed amendment to Ordinance Code Section to vacate pending salary increases for elected officials and maintain their salary levels as of May 28, 2012 (Fiscal Impact: None) - JENNIFER PITCHER, KERN CITIZENS FOR SUSTAINABLE GOVERNMENT, AND MICHAEL TURNIPSEED, KERN COUNTY TAXPAYERS ASSOCIATION, HEARD MOTION TO RESCIND PENDING SALARY INCREASES FOR BOARD OF SUPERVISORS MEMBERS AND MAINTAIN THEIR SALARY LEVELS AS OF MAY 28, APPROVED Maggard-Goh: All Ayes REFERRED TO COUNTY ADMINISTRATIVE OFFICE TO RETURN WITH POLICY RECOMMENDATIONS FOR FUTURE ADJUSTMENTS TO ELECTED OFFICIALS SALARIES TO BE BASED ON CHANGES IN THE CALIFORNIA CONSUMER PRICE INDEX (CPI), WITH A PERCENTAGE CAP Maggard-Watson: All Ayes MOTION TO ESTABLISH POLICY THAT WOULD REQUIRE ALL ELECTED OFFICIALS AT THE COMMENCEMENT OF THEIR NEXT TERM TO CONTRIBUTE THE FULL EMPLOYEE S CONTRIBUTION TO THEIR HEALTH BENEFITS AND RETIREMENT PLANS - APPROVED Maggard-Watson: All Ayes MOTION TO RESCIND PENDING SALARY INCREASES FOR ELECTED DEPARTMENT HEADS AND MAINTAIN THEIR SALARY LEVELS AS OF MAY 28, APPROVED Maggard-McQuiston: All Ayes REFERRED TO COUNTY ADMINISTRATIVE OFFICE TO BRING BACK POLICY RECOMMENDATIONS THAT WOULD REQUIRE DEPARTMENT HEADS TO PAY THE ENTIRE EMPLOYEE CONTRIBUTION TO THEIR HEALTH BENEFITS PLAN IN THE FIRST YEAR AND TO THEIR RETIREMENT PLAN OVER THE NEXT THREE (3) YEARS; AND TO CONSIDER THE MERITS OF A COUNTY ADMINISTRATIVE OFFICER EMPLOYMENT CONTRACT Maggard-McQuiston: All Ayes REFERRED TO COUNTY ADMINISTRATIVE OFFICE TO BRING BACK A SALARY STUDY FOR ALL ELECTED DEPARTMENT HEADS INCLUDING COMPARISONS WITH COMPARABLE ORGANIZATIONS FOR CONSIDERING FUTURE INCREASES Watson-Goh: 4 Ayes; 1 No - McQuiston APPROVED PROPOSED AMENDMENT TO ORDINANCE CODE SECTION TO VACATE PENDING SALARY INCREASES FOR ALL ELECTED OFFICIALS AND MAINTAIN THEIR SALARY LEVELS AS OF MAY 28, 2012; WAIVED READING; INTRODUCED ORDINANCE Maggard-McQuiston: All Ayes

9 Summary of Proceedings Page 22 CA-23) CA-24) Proposed contribution to Stallion Springs Community Services District for fire equipment shelter in the amount of $20,000 (Fiscal Impact: $20,000; Budgeted; Discretionary) - APPROVED Request to extend authorization for the Auditor-Controller-County Clerk to continue to pay employees in accordance with current practice to August 15, 2012 (Fiscal Impact: None) - APPROVED COUNTY ADMINISTRATIVE OFFICE General Services Division Hearing All S.D.s CA-25) Proposed Resolution and Ordinance granting renewal of a pipeline franchise to Southern California Gas Company (Fiscal Impact: $1,200 Administrative Fee; $760,000 Annual Revenue; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTION AS APPROPRIATE; ADOPTED RESOLUTION AND ENACTED ORDINANCE F-552 S.D. #1 CA-26) CA-27) CA-28) Proposed Amendment No. 2 to Agreement with the Delamater Family, L.P., for lease of a portion of 200 North China Grade Loop, Bakersfield, to increase rental space by 1,430 square feet to accommodate relocated Employers Training Resource staff (Fiscal Impact: $22,165 Federal Fund; Not 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 Proposed Amendment No. 1 to Lease Agreement with Randolph Village, LLC, for lease of a portion of 1816 Cecil Avenue, Delano, to reduce rental consideration for twelve (12) months by Employers Training Resource (Fiscal Impact: $51,936 Savings Federal Fund; Not 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 Request to confirm transfer of real property to McFarland Recreation and Park District transferring the East McFarland Park to the District (Fiscal Impact: None) - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTION AS APPROPRIATE; AUTHORIZED CHAIRMAN TO SIGN QUITCLAIM DEED ON BEHALF OF COUNTY; DIRECTED CLERK OF THE BOARD TO RECORD QUITCLAIM DEED

10 Summary of Proceedings Page 23 S.D. #3 CA-29) Proposed Amendment No. 1 to Lease Agreement with Central Wireless Partnership (CWP) for lease of a portion of William E. Whiting Communications Center at 2601 Panorama Drive, Bakersfield, to acknowledge Sprint Nextel Inc., as Lessee, increase area of premises and rent (Fiscal Impact: $15,984 Annual Revenue; 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 S.D. #4 CA-30) CA-31) Proposed Amendment No. 4 to Agreement with Harrel Engineering for additional structural engineering services for the new fire station in Pine Mountain Club, to increase amount by $450, for a new total of $108,900 ( ) (Fiscal Impact: $450; C.O.P. Project Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT Request to set hearing for the purchase of 10 acres of vacant land from Michael Evans to allow for remediation of the former Valley Acres Burn Dump, portion of APN (Fiscal Impact: $35,000; Solid Waste Enterprise Fund; Budgeted; Discretionary) - ADOPTED RESOLUTION SETTING HEARING FOR TUESDAY, JULY 17, 2012, AT 2:00 P.M.; DIRECTED CLERK OF THE BOARD TO PUBLISH HEARING NOTICE THREE (3) TIMES IN ACCORDANCE WITH GOVERNMENT CODE SECTION 6063 MATTERS FOR EXECUTIVE APPROVAL CA-32) Budget Transfers - APPROVED NOS. 250 THROUGH 263 CA-33) CA-34) CA-35) Minutes for week of April 16, APPROVED Miscellaneous Letters and Documents - FILED Letters Received and Referred by Clerk of the Board - APPROVED AND FILED CA-36) Claims and Lawsuits filed with and Referred by Clerk of the Board - APPROVED AND FILED

11 Summary of Proceedings Page 24 ADJOURNED TO TUESDAY, JUNE 19, 2012, AT 9:00 A.M. Watson /s/ Kathleen Krause Clerk of the Board /s/ Zack Scrivner Chairman, Board of Supervisors

12 Summary of Proceedings Page 25 34) MISCELLANEOUS LETTERS AND DOCUMENTS FILED Clerk of the Board A) Monthly Referral Report, May 2012 Grand Jury B) Grand Jury Final Report re Kern County Human Relations Commission (Copies to each Supervisor, CAO and Personnel) Local Agency Formation Commission C) Resolution No , Proceeding No in the matter of City of Bakersfield, Annexation No. 556, Stine No. 14 (Copy to Development Services Agency) D) Resolution No , in the matter of Amendment of Sphere of Influence, County Service Area No. 87 (Copy to Development Services Agency) E) Resolution No , Proceeding No in the matter of County Service Area No. 87, Annexation No. 5 (Copy to Development Services Agency) F) Resolution No , Proceeding No in the matter of County Service Area No. 87, Extension of Services (Copy to Development Services Agency) G) Resolution No , Proceeding No in the matter of City of Bakersfield, Annexation No. 635, Landco No. 2 (Copy to Development Services Agency) H) Resolution No , Proceeding No in the matter of City of Bakersfield, Annexation No. 556, Stine No. 14 (Copy to Development Services Agency) I) Letter re Stine No. 15 Annexation No. 624, Proceeding No (Copy to Development Services Agency) Planning and Community Development Department J) Recorded Notice of Nonrenewal No , Pacific Almond, LLC by Dowling-Aaron Inc., Agricultural Preserve No. 1 (Document No ) Miscellaneous K) Letter from Mercedes Marquez, U.S. Department of Housing and Urban Development, re Homelessness Prevention and Rapid Re-Housing Program Grant Number (Copies to each Supervisor, CAO, Planning and Community Development and County Counsel) L) Letter from Michael Fortuna, Friends of Mojave, re letter of appreciation to Federal Aviation Administration (FAA) Western-Pacific Region for assistance on wind turbine lighting issues (Copies to each Supervisor, CAO, Planning and Community Development and County Counsel) M) Letter from Penelope LePome re Indian Wells Valley Water District s Water Supply Improvement Project (WSIP) and Final Environmental Impact Report (FEIR) (Copies to each Supervisor, CAO, Planning and Community Development and County Counsel)

13 Summary of Proceedings Page 26 N) Substitution of Trustee, Trustee Sale No. 05-FWA , Regional Service Corporation, Successor Trustee (Copy to Property Management) O) Substitution of Trustee, Trustee Sale No , Western Progressive, LLC (Copy to Property Management) P) Notice from State Water Resources Control Board re petitions for temporary change involving the transfer/exchange under Department of Water Resources Permit (Application 14443) and the specified permits of the U.S. Bureau of Reclamation (Copy to Development Services Agency) Q) Notice from State Department of Alcoholic Beverage Control re application for alcoholic beverage license from: Andrrottis Corner, Lerdo Highway, Buttonwillow; Basecamp Cafe and Info Lounge, Askin Drive, Ste. 11, Pine Mountain Club; Camp Fire Market, 6498 Wofford Blvd., Wofford Heights; and Las Vegas De Bakersfield, 509 Ming Avenue, Ste. C, Bakersfield (Copies to Planning and Community Development and Environmental Health Services) R) Agenda for Central Valley Regional Water Quality Control Board meetings on June 7 & 8, ) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Letter from Ray Creekbaum, Bakersfield Association for Retarded Citizens (BARC), announcing that effective July 1, 2012, BARC will no longer offer free paper recycling service, and will begin a complete comingle recycling program - REFERRED TO CAO AND GENERAL SERVICES (Copies to Waste Management and County Counsel) 36) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Michael Paul Caverhill vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) B) Claim in the matter of Judy Centano vs. County of Kern (2005 Nissan) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) C) Claim in the matter of Judy Centano vs. County of Kern (2009 Jeep) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) D) Claim in the matter of Donald Eubank vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) E) Claim in the matter of Phyllis Jean Gaffron vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) F) Claim in the matter of Pedro and Beatriz Hernandez vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) G) Claim in the matter of Dan Lantz or Cheyenne DeRamus vs. County of Kern (received May 31, 2012, 3:16 P.M.) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) H) Claim in the matter of Dan Lantz or Cheyenne DeRamus vs. County of Kern (received May 31, 2012, 3:20 P.M.) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

14 Summary of Proceedings Page 27 I) Claim in the matter of Jose Lopez vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) J) Claim in the matter of Denise Nelson vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) K) Claim in the matter of Ryan A. Sherfey vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) L) Claim in the matter of Johnnie Ray Smith vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) M) Claim in the matter of Philip N. Splawn vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) N) Claim in the matter of David Stenstrom vs. County of Kern (Jeep Cherokee) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) O) Claim in the matter of David Stenstrom vs. County of Kern (Jeep Laredo) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) P) Claim in the matter of Donna Van Hooser vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) Q) Claim in the matter of Garrett Van Hooser vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) R) Claim in the matter of Joseph Vinson vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) S) Government Tort Claim for Damages in the matter of Jaime Cota vs. County of Kern et al. - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) T) Summons and Complaint in the matter of Alicia Calvillo vs. County of Kern et al. - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) U) Summons and Complaint in the matter of First National Insurance Company of America vs. County of Kern et al. - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) ###

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