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, November 17, :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 Perez and Gleason); Community Action Partnership of Kern (Supervisor Maggard); Kern County Network for Children (Supervisor Gleason); Kern Economic Development Corporation (Supervisors Maggard, Scrivner, and Perez); Southern California Water Committee (Supervisors Couch and Maggard); and Tobacco Funding Corporation, Kern County (Supervisors Couch and Perez). BOARD RECONVENED Supervisors: Gleason, Scrivner, Maggard, Couch, Perez ROLL CALL: All Present NOTE: The vote is displayed in bold below each item. For example, Gleason- Perez denotes Supervisor Gleason made the motion and Supervisor Perez seconded the motion. CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: ALL ITEMS LISTED WITH A "CA" OR "C" WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION. BOARD ACTION SHOWN IN CAPS REPORT ON ACTIONS TAKEN IN CLOSED SESSION ON TUESDAY, NOVEMBER 17, 2015, AT 9:00 A.M. Item No. 43 concerning PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: Kern Medical Center Chief Executive Officer (Government Code Section 54957) - HEARD; NO REPORTABLE ACTION Item No. 44 concerning PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Titles: Director of Aging and Adult Services; Agricultural Commissioner and County Sealer; Director of Airports; Director of Animal Services; Clerk of the Board of Supervisors; County Administrative Officer; County Counsel; Fire Chief; Director of Human Services; Director of Libraries; Director of Mental Health Services; Director of Parks and Recreation; Director of Planning and Community Development; Public Defender; Director of Public Health Services; Director of Public Works; County Veterans Service Officer (Government Code Section 54957) - HEARD; NO REPORTABLE ACTION Item No. 45 concerning a CONFERENCE WITH LABOR NEGOTIATORS - Agency designated representatives: County Administrative Officer, John Nilon, and designated staff - Employee organization: Service Employees International Union, Local 521 (Government Code Section ) - HEARD; NO REPORTABLE ACTION

2 Summary of Proceedings PM Page 2 Item No. 46 concerning a CONFERENCE WITH LABOR NEGOTIATORS - Agency designated representatives: Employee Relations Officer Devin Brown, and designated staff - Employee organizations: Committee of Interns and Residents - SEIU; Service Employees International Union - Criminal Justice Unit; Kern Law Enforcement Association; Kern County Fire Fighters Union; Kern County Detention Officers Association; Kern County Probation Managers Association; Kern County Probation Officers Association; Kern County Sheriff s Command Association; Kern County Sheriff s Command Association II; Service Employees International Union Local 521; Kern County Prosecutors Association; Unrepresented Employees (Government Code Section ) - HEARD; CONTINUED TO IMMEDIATELY FOLLOW THE 2:00 P.M. SESSION (See Item No. 49) Item No. 47 concerning a CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section (d)(2)(e)(1)) Number of cases: Two (2) Significant exposure to litigation in the opinion of the Board of Supervisors on the advice of legal counsel, based on: Facts and circumstances that might result in litigation against the County but which the County believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed - HEARD; NO REPORTABLE ACTION Item No. 48 concerning a CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section (d)(1)) David Hook v. County of Kern, Kern County Superior Court Case Number: S CV HEARD; NO REPORTABLE ACTION 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! CLARK FARR HEARD REGARDING COUNTY WEBSITE NOTIFICATIONS OF UPCOMING FLOOD PREPAREDNESS MEETINGS AND HEARD CONCERNING A RESPONSE TO LAMONT STORM WATER DISTRICT CORRESPONDENCE SUBMITTED NOVEMBER 4, 2014 AND JUNE 2, 2015; SUPERVISOR PEREZ REQUESTED A RESPONSE FROM COUNTY ADMINISTRATIVE OFFICE; COUNTY ADMINISTRATIVE OFFICER JOHN NILON HEARD DAVID VILLARINO, FARMWORKERS INSTITUTE OF EDUCATION AND LEADERSHIP DEVELOPMENT, THANKED THE BOARD FOR ITS SUPPORT AND APPROVAL OF ITEM NO. 20 ON THE CONSENT AGENDA 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][2]) NO ONE HEARD

3 Summary of Proceedings PM Page 3 CONTINUED HEARING PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT CA-3) Request from Bruce Anderson to vacate portions of access easements located at Oaktree Estates Drive, north of Walker Basin (S.D. #2) Specific Request: A nonsummary vacation of: (a) all of Mistletoe Court as it exists beginning at Oaktree Estates Drive then west to its terminus; (b) a portion of Oaktree Estates Drive beginning from the northern property line of Parcel 1 and Parcel 22 of Parcel Map 9782, then south to the southern property line of Parcel 6 of Parcel Map 9782, and easterly projection of the southern line in the Walker Basin area ( Streets and Highways) (Environmental Review: General Rule, Section 15061(b)(3); Published Bakersfield Californian) (from 10/20/2015 and 10/27/2015) - CONTINUED TO TUESDAY, DECEMBER 15, 2015, AT 2:00 P.M. DEPARTMENTAL REQUESTS PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT S.D. #1 CA-4) Request of Scott Hodges for an exception to the requirement for connection to public sewer for Conditional Use Permit 133, Map 101, located at 7737 Shane Avenue, western Rosedale area; Environmental Review: Categorically Exempt, Pursuant to Section 15303(d), of the State CEQA Guidelines (Fiscal Impact: None) - APPROVED EXCEPTION TO WESTERN ROSEDALE SPECIFIC PLAN SEWER SERVICE POLICIES CA-5) S.D. #2 Proposed Request for Release of Funds (RROF) and Environmental Clearance Certification for Community Development (CD) Project No Mojave Community Streetscape Improvements (Multi-Year/Multi-Phase) (Fiscal Impact: None) - APPROVED ENVIRONMENTAL CLEARANCE AND MITIGATION MEASURE MONITORING PROGRAM; AUTHORIZED CHAIRMAN TO EXECUTE RROF AND CERTIFICATION PURSUANT TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) APPLICABLE REGULATIONS; AUTHORIZED DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT TO SUBMIT RROF AND CERTIFICATION TO HUD S.D. #5 CA-6) Public hearing for proposed Amendments to the County of Kern s Fiscal Year (FY) Annual Action Plan for Community Development (CD) Programs to cancel Community Development Block Grant (CDBG)-Funded Project No , City of Arvin Street Improvements, and create Project No , City of Arvin Di Giorgio Park Improvements (Fiscal Impact: None) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; APPROVED CANCELLATION OF PROJECT NO , CITY OF ARVIN STREET IMPROVEMENTS (MULTI-PHASE/PHASE X) AND APPROVED CREATION OF PROJECT NO , CITY OF ARVIN DI GIORGIO PARK IMPROVEMENTS; AUTHORIZED PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT TO MAKE ALL NECESSARY BUDGET TRANSFERS; AND AUTHORIZED DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT TO SIGN AND SUBMIT ALL RELATED DOCUMENTATION TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

4 Summary of Proceedings PM Page 4 CA-7) Public hearing for proposed Substantial Amendment to the County of Kern s FY , FY , FY , and FY Annual Action Plans for Community Development Programs to allocate funding for Camellia Place Phase II, Home Project No (Fiscal Impact: None) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; APPROVED AMENDMENT TO ACTION PLAN TO MODIFY PROJECT AND DESIGNATE ADDITIONAL HOME FUNDS; AUTHORIZED DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT TO SUBMIT ALL DOCUMENTATION RELATED TO AMENDMENT TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CA-8) All S.D.s Proposed Request for Release of Funds (RROF) and Environmental Clearance Certification for Community Development Project No , Architectural Barrier Removal Program - Veterans Services Department Building (Fiscal Impact: None) - APPROVED ENVIRONMENTAL CLEARANCE AND AUTHORIZED CHAIRMAN TO EXECUTE RROF AND CERTIFICATION PURSUANT TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) APPLICABLE REGULATIONS; AUTHORIZED DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT TO SUBMIT REQUEST FOR RROF AND CERTIFICATION TO HUD CA-9) Request for approval to execute Certificate of Acceptance for Deed in Lieu of Foreclosure for property located at Third Street, Derby Acres (Fiscal Impact: $53,283; Budgeted; Discretionary) - APPROVED; ADOPTED RESOLUTION ; AUTHORIZED PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT DIRECTOR TO SIGN PUBLIC WORKS DEPARTMENT - Administration and Accounting S.D. #2 CA-10) Request for public hearing on the annual update of the Rosamond/Willow Springs Transportation Capital Improvement Plan and reconciliation of account and facilities list (Fiscal Impact: None) - SET HEARING FOR TUESDAY, DECEMBER 15, 2015, AT 2:00 P.M.; DIRECTED CLERK OF THE BOARD TO PUBLISH NOTICE IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION CA-11) Request for public hearing on the annual update of the Tehachapi Core and Non-Core Transportation Capital Improvement Plan and reconciliation of account and facilities list (Fiscal Impact: None) - SET HEARING FOR TUESDAY, DECEMBER 15, 2015, AT 2:00 P.M.; DIRECTED CLERK OF THE BOARD TO PUBLISH NOTICE IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 66002

5 Summary of Proceedings PM Page 5 All S.D.s CA-12) Request for public hearing on the annual update of the Metropolitan Bakersfield Core and Non-Core Transportation Capital Improvement Plan and reconciliation of account and facilities list (Fiscal Impact: None) - SET HEARING FOR TUESDAY, DECEMBER 15, 2015, AT 2:00 P.M.; DIRECTED CLERK OF THE BOARD TO PUBLISH NOTICE IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION PUBLIC WORKS DEPARTMENT - Building and Development S.D. #2 CA-13) Request to approve Agreements with FH II, LLC, new owners of Tract 6450, Phase A, southwest corner of 35th Street West and Orange Street, Rosamond area (Fiscal Impact: None) - APPROVED SUBDIVISION IMPROVEMENT AGREEMENT AND SUBDIVISION MONUMENTATION AGREEMENT; AUTHORIZED CHAIRMAN TO SIGN; RECEIVED AND FILED FAITHFUL PERFORMANCE BOND NO. K ; RECEIVED AND FILED LABORERS AND MATERIALMEN BOND NO. K ; RECEIVED AND FILED MONUMENTATION BOND NO. K ; RECEIVED AND FILED CERTIFICATE OF LIABILITY INSURANCE AND WORKER'S COMPENSATION CERTIFICATE; RELEASED FAITHFUL PERFORMANCE BOND NO. BDS30447; RELEASED LABORERS AND MATERIALMEN BOND NO. BDS30447; RELEASED MONUMENTATION BOND NO. BDS30448 CA-14) Request for a protest hearing on proposed confirmation of administrative penalties and costs incurred for nuisance abatement work located at Chaparral Avenue, Boron, APN (Fiscal Impact: $9,100.46; General Fund; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PER SECTIONS 15061(b)(1), 15061(b)(2), 15061(b)(3), AND OF STATE CEQA GUIDELINES; RECEIVED AND FILED REPORT; ADOPTED RESOLUTION CONFIRMING ADMINISTRATIVE PENALTIES AND COSTS INCURRED BY COUNTY FOR WORK PERFORMED TO ABATE PUBLIC NUISANCE ON SUBJECT PROPERTY; ORDERED THAT ANY COSTS, IF NOT PAID WITHIN 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 PUBLIC WORKS DEPARTMENT TO MAIL NOTICE OF BOARD ACTION TO SUBJECT PROPERTY OWNERS S.D. #4 CA-15) Proposed Agreement with West Kern Water District to provide County Service Area 65 funds for Phase II of South Taft Water System Improvements (Fiscal Impact: $123,604; CSA 65 Funds; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

6 Summary of Proceedings PM Page 6 CA-16) Request for a protest hearing on proposed confirmation of administrative penalties and costs incurred for nuisance abatement work located at Cloud Avenue, Derby Acres, APN (Fiscal Impact: $23,796.29; General Fund; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PER SECTIONS 15061(b)(1), 15061(b)(2), 15061(b)(3), AND OF STATE CEQA GUIDELINES; RECEIVED AND FILED REPORT; ADOPTED RESOLUTION CONFIRMING ADMINISTRATIVE PENALTIES AND COSTS INCURRED BY COUNTY FOR WORK PERFORMED TO ABATE PUBLIC NUISANCE ON SUBJECT PROPERTY; ORDERED THAT ANY COSTS, IF NOT PAID WITHIN 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 PUBLIC WORKS DEPARTMENT TO MAIL NOTICE OF BOARD ACTION TO SUBJECT PROPERTY OWNERS S.D.s #3 & #5 CA-17) Request to set public hearing to consider levying assessments and adoption of rate adjustment formula for lands subject to annexation to County Service Area No. 89 by Local Agency Formation Commission (LAFCO) Proceeding No (Fiscal Impact: $12,160; CSA Fund; Budgeted; Mandated) - SET HEARING FOR TUESDAY, JANUARY 12, 2016, AT 2:00 P.M.; DIRECTED PUBLIC WORKS DEPARTMENT TO MAIL NOTICES AND BALLOTS TO ALL PROPERTY OWNERS AFFECTED IN COMPLIANCE WITH ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION PUBLIC WORKS DEPARTMENT - Operations and Maintenance All S.D.s 18) Report on 2015/2016 El Nino Preparations (Fiscal Impact: None) - CLARK FARR AND DENNIS FOX, HEARD; RECEIVED AND FILED Gleason-Scrivner: All Ayes CA-19) Proposed Amendment No. 3 to Agreement with PaintCare, Inc., for managing end-of-life postconsumer architectural paint collected through County s Household Hazardous Waste Program, to increase the direct reuse rate for each gallon given away to public through County s Material Reuse program (Fiscal Impact: $6,000 Estimated Revenue [FY ]; Solid Waste Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-20) Proposed Resolution designating Farmworkers Institute of Education and Leadership Development (FIELD) Institute Kern Service and Conservation Corps as a local conservation corps for the County of Kern (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION

7 Summary of Proceedings PM Page 7 COUNTY ADMINISTRATIVE OFFICE 21) Proposed Amendment No. 4 to Agreement with Cantu Management Group, Inc., an independent contractor, for Chief Financial Officer and financial consulting services at Kern Medical Center, to modify certain terms of the agreement to clarify non-solicitation, renewal and termination period clauses, include two staff positions, increase the monthly management fee by $25,291, from $142,334 to $167,625, increase the maximum payable over the initial four-year term by $980,471, from $6,555,135 to $7,535,606, and revise the fee schedule to reflect the additional compensation, effective November 17, 2015 (Fiscal Impact: $980,471 [FY $189,680]; KMC Enterprise Fund; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT Perez-Scrivner: All Ayes 22) Proposed Resolution directing the County of Kern to form a Groundwater Sustainability Agency for the Indians Wells Valley Basin in cooperation with other eligible public agencies in the basin under the Sustainable Groundwater Management Act (Fiscal Impact: None) - DON ZDEBA, INDIAN WELLS VALLEY WATER DISTRICT; DENNIS SPEER, CITY OF RIDGECREST; AND PAUL NUGENT, MOJAVE MUTUAL WATER COMPANY, HEARD; APPROVED; ADOPTED RESOLUTION AS CORRECTED TO REFLECT "ADJUDICATED BASIN" AS "UNADJUDICATED BASIN"; DIRECTED COUNTY ADMINISTRATIVE OFFICE TO PROVIDE A STATUS UPDATE WITHIN SIX MONTHS 23) Discussion and report from California Water Service Company regarding water conservation and water rate application to the Public Utilities Commission (Fiscal Impact: None) - NO PRESENTATION HEARD; DENNIS FOX AND JOHN SCOTT, HEARD; NO ACTION TAKEN CA-24) Proposed sole source Agreement with Stradling Yocca Carlson and Rauth for specialized legal services, in an amount not to exceed $48,600 annually, expiring on December 31, 2017 (Fiscal Impact: $48,600 Annually; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-25) Continuation of local emergency due to drought conditions (Fiscal Impact: None) - APPROVED CA-26) Proposed job specification revision for Director of Airports, Item No (Fiscal Impact: None) - APPROVED; FILED REVISED JOB SPECIFICATION WITH HUMAN RESOURCES DIVISION CA-27) Exchange of tax revenues related to City of Shafter Annexation No. 86, LAFCO Proceeding No (Fiscal Impact: FY $8,807 General Fund; Not Budgeted; Discretionary) - APPROVED; ADOPTED RESOLUTION

8 Summary of Proceedings PM Page 8 CA-28) Exchange of tax revenues related to City of Shafter Annexation No. 83, LAFCO Proceeding No (Fiscal Impact: FY $214,129 General Fund; Not Budgeted; Discretionary) - APPROVED; ADOPTED RESOLUTION CA-29) Proposed contribution to Mountain Communities Family Resource Center, Inc., for Thanksgiving baskets for families in need, in the amount of $500 (Fiscal Impact: $500; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO PAY COUNTY ADMINISTRATIVE OFFICE - General Services Division S.D. #2 CA-30) Request to set hearing to consider Franchise Ordinance granting a pole line transmission system and underground fiber optic cable franchise to 64KT 8ME LLC (Fiscal Impact: $1,200 Administrative Fee; $100,000 Estimated Revenue; Not Budgeted; Discretionary) - DESIGNATED THE OFFICE OF COUNTY COUNSEL THE OFFICIAL TO PREPARE A FAIR AND ADEQUATE SUMMARY; SET HEARING FOR TUESDAY, DECEMBER 15, 2015, AT 2:00 P.M.; DIRECTED CLERK OF THE BOARD TO PUBLISH HEARING NOTICE AND SUMMARY OF PROPOSED ORDINANCE ONE TIME PER CALIFORNIA PUBLIC UTILITIES CODE SECTION 6232 CA-31) Request approval and execution of Consent and Assumption Agreement as Exhibit "A" of Franchise Ordinance F-609 granted to RE Astoria LLC, RE Astoria 2 LLC, RE Garland LLC, and RE Garland 2 LLC (Fiscal Impact: None) - MADE FINDING PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PER SECTION 15061(b)(3) OF STATE CEQA GUIDELINES; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-32) Request to set hearing to consider Franchise Ordinance granting a pole line transmission system and underground fiber optic cable franchise to Golden Fields Solar III, LLC (Fiscal Impact: $1,200 Administrative Fee; $75,000 Estimated Revenue; Not Budgeted; Discretionary) - DESIGNATED THE OFFICE OF COUNTY COUNSEL THE OFFICIAL TO PREPARE A FAIR AND ADEQUATE SUMMARY; SET HEARING FOR TUESDAY, DECEMBER 15, 2015, AT 2:00 P.M.; DIRECTED CLERK OF THE BOARD TO PUBLISH HEARING NOTICE AND SUMMARY OF PROPOSED ORDINANCE ONE TIME PER CALIFORNIA PUBLIC UTILITIES CODE SECTION 6232 CA-33) Request to set hearing to consider Franchise Ordinance granting an underground fiber optic cable franchise to Kingbird Solar A, LLC and Kingbird Solar B, LLC (Fiscal Impact: $1,200 Administrative Fee; $3,000 One-time Co- Tenancy Fee; $500 Estimated Annual Revenue; Not Budgeted; Discretionary) - DESIGNATED THE OFFICE OF COUNTY COUNSEL THE OFFICIAL TO PREPARE A FAIR AND ADEQUATE SUMMARY; SET HEARING FOR TUESDAY, DECEMBER 15, 2015 AT 2:00 P.M.; DIRECTED CLERK OF THE BOARD TO PUBLISH HEARING NOTICE AND SUMMARY OF PROPOSED ORDINANCE ONE TIME PER CALIFORNIA PUBLIC UTILITIES CODE SECTION 6232

9 Summary of Proceedings PM Page 9 CA-34) Request to set and advertise a public hearing for proposed purchase of real property from Mark Judson and Patricia Judson et al, known as Assessor s Parcel Numbers , , , and on Valley Boulevard in Tehachapi, in the amount of $282,000 to meet increased demands for fire and emergency services in the Tehachapi area (Fiscal Impact: $282,000; Fire Fund; Budgeted; Discretionary) - ADOPTED RESOLUTION ; MADE FINDING PROJECT IS EXEMPT UNDER SECTIONS 15303, 15304, 15305, 15306, 15061(B)(3) OF STATE CEQA GUIDELINES; SET HEARING FOR TUESDAY, JANUARY 5, 2016, AT 2:00 P.M.; DIRECTED CLERK OF THE BOARD TO ADVERTISE NOTICE THREE TIMES IN ACCORDANCE WITH GOVERNMENT CODE SECTION 6063 CA-35) S.D. #3 Proposed Agreement with Brown and Fowler Construction, Inc., for the Pioneer Park Water Park project, in an amount not to exceed $459,230 ( ) (Fiscal Impact: $459,230; State Department of Housing and Community Development; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT S.D. #5 CA-36) Request to accept successful bid from David and Lisa Haagsma, dba Haagsma Farms, for Agreement for Lease of approximately 42 acres of land south and adjacent the Arvin Sanitary Landfill Facility, at $4,200 per year (Fiscal Impact: $4,200 Annual Revenue; Solid Waste Enterprise Fund; Not Budgeted; Discretionary) - MADE FINDING PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PER SECTION OF STATE CEQA GUIDELINES; ACCEPTED HIGHEST BID; APPROVED LEASE AGREEMENT; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-37) Identify apparent low, responsive and responsible bid submitted by Black/Hall Construction, Inc., for the Kern Medical Center G Wing Decommissioning Phase 1 - Exiting and HVAC Improvements project, in an amount not to exceed $560,727 ( A) (Fiscal Impact: None) - IDENTIFIED APPARENT LOW, RESPONSIVE AND RESPONSIBLE BID; AUTHORIZED PREPARATION OF CONTRACT DOCUMENTS; AUTHORIZED GENERAL SERVICES TO RELEASE ALL OTHER BID GUARANTEES CA-38) Identify apparent low, responsive and responsible bid submitted by Cen-Cal Construction for the Lamont Park Walking Path project, in an amount not to exceed $130,000 ( ) (Fiscal Impact: None) - IDENTIFIED APPARENT LOW, RESPONSIVE AND RESPONSIBLE BID; AUTHORIZED PREPARATION OF CONTRACT DOCUMENTS; AUTHORIZED GENERAL SERVICES TO RELEASE ALL OTHER BID GUARANTEES All S.D.s CA-39) Proposed Agreement with Attachmate Corporation, containing non-standard terms and conditions, for software maintenance and technical support of the Reflection terminal emulation software, from November 1, 2015 to October 31, 2016, in an amount not to exceed $90,000 (Fiscal Impact: $90,000; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT ; GRANTED AUTHORITY TO DIVISION DIRECTOR OF INFORMATION TECHNOLOGY SERVICES FOR ADMINISTRATION OF AGREEMENT IN RELATION TO LICENSE COUNTS AND PRODUCT MIX

10 Summary of Proceedings PM Page 10 CA-40) CA-41) Proposed Agreement with KSA Group Architects, Inc., for architectural consulting services for various projects throughout Kern County, from November 17, 2015 through November 16, 2018, in an amount not to exceed $1,000,000 (various projects) (Fiscal Impact: $1,000,000; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT Proposed Agreement with Paul Dhanens Architect, Inc., for architectural consulting services for various projects throughout Kern County, from November 17, 2015 through November 16, 2018, in an amount not to exceed $250,000 (various projects) (Fiscal Impact: $250,000; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT COUNTY ADMINISTRATIVE OFFICE - Human Resources Division 42) Proposed reclassification of one Legal Secretary position to one Senior Legal Secretary position in Budget Unit 2190, effective November 28, 2015 (Fiscal Impact: $12,716 Annually; Not Budgeted; Discretionary) - APPROVED; REFERRED TO HUMAN RESOURCES DIVISION TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE Perez-Gleason: All Ayes CA-43) Proposed Business Associate Agreement with WellDyne Rx for implementation planning for pharmacy benefits management services for Point of Service Plan and Kern Legacy Health Plan (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT MATTERS FOR EXECUTIVE APPROVAL CA-44) Budget Transfers - APPROVED NOS. 067 THROUGH 073 CA-45) CA-46) CA-47) Minutes for week of September 28, APPROVED Miscellaneous Letters and Documents - FILED Letters Received and Referred by Clerk of the Board - APPROVED AND FILED CA-48) Claims and Lawsuits Filed with and Referred by Clerk of the Board - APPROVED AND FILED

11 Summary of Proceedings PM Page 11 ADJOURNED TO CLOSED SESSION Maggard COUNTY ADMINISTRATIVE OFFICE CLOSED SESSION 49) CONFERENCE WITH LABOR NEGOTIATORS - Agency designated representatives: Employee Relations Officer Devin Brown, and designated staff - Employee organizations: Committee of Interns and Residents - SEIU; Service Employees International Union - Criminal Justice Unit; Kern Law Enforcement Association; Kern County Fire Fighters Union; Kern County Detention Officers Association; Kern County Probation Managers Association; Kern County Probation Officers Association; Kern County Sheriff s Command Association; Kern County Sheriff s Command Association II; Service Employees International Union Local 521; Kern County Prosecutors Association; Unrepresented Employees (Government Code Section ) (from 9:00 a.m. Session, Item No. 46) - RECONVENED FROM CLOSED SESSION; ADJOURNED TO TUESDAY, DECEMBER 8, 2015 AT 9:00 A.M. Gleason-Perez /s/ Kathleen Krause Clerk of the Board /s/ David Couch Chairman, Board of Supervisors

12 Summary of Proceedings PM Page 12 46) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED Auditor-Controller-County Clerk A) Statement of money in the County Treasury as of September 22, 2015 for the quarter ended September 30, 2015 B) Property Tax Revenue Estimates Clerk of the Board C) Received, certified and transmitted to Recorder for recordation, as follows: 1) Tract Map 6757, Unit 4 Employers Training Resource D) Workforce Investment Act On-the-Job Training Agreements: 1) Benchmark Air Conditioning, Inc., WIA/WIOA Title 201/1014, dated September 1, ) Mil Potrero Mutual Water Company, WIA/WIOA Title 201, dated September 14, ) Larry M Cho, M.D., Inc., DBA, the Industrial Medical Group, WIA/WIOA Title 201, dated September 14, ) Pactiv, LLC., WIA/WIOA Title 201, dated October 6, 2015 Local Agency Formation Commission (LAFCo) E) Resolution No , in the matter of Municipal Service Review for City of Wasco F) Resolution No , Proceeding No in the matter of City of Bakersfield: Annexation No. 652 (7th Standard No. 7); NOR Sanitary District No. 1, Annexation No. 104; County Service Area No. 71, Detachment C (Reorganization) G) Resolution No , Proceeding No in the matter of City of Bakersfield: Annexation No. 642 (Ashe No. 12) H) Notice of Protest Hearing, Proceeding No in the matter of City of Bakersfield: Annexation No. 652 (7th Standard No. 7); North of the River Sanitary District No. 1, Annexation No. 104; County Service Area No. 71, Detachment C (Reorganization) Sheriff s Office I) Thank you letter to Matt Aemisegger, Wireline Services, for donation of explosives storage lockers Treasurer-Tax Collector J) Cash Receipts and Disbursements for October 2015 Miscellaneous K) Letter from City of Bakersfield to Local Agency Formation Commission re Reina No. 7 Annexation No. 639, LAFCo Proceeding No (Copies to each Supervisor and CAO) L) Letter from City of Bakersfield to Local Agency Formation Commission re Chevalier No. 3 Annexation No. 653, LAFCo Proceeding No (Copies to each Supervisor and CAO) M) Worker Adjustment Retraining and Notification Act (WARN) Notice of layoffs for Golden State Drilling, Inc., 3500 Fruitvale Avenue, Bakersfield (Copies to each Supervisor, CAO, Employers Training Resource, Human Resources and County Counsel)

13 Summary of Proceedings PM Page 13 N) Letter from Greater Bakersfield Chamber of Commerce re library services (Copies to each Supervisor, CAO, Library and County Counsel) O) Three letters in opposition to Zone Variance 83, Map , 3521 Mt. Pinos Way, Pine Mountain Club (Copies to each Supervisor, CAO, Planning and Community Development and County Counsel) P) from Rhonda Fisher re animal shelter (Copies to each Supervisor, CAO, Animal Services and County Counsel) Q) from David Childs re Kern County Libraries (Copies to each Supervisor, CAO, Library and County Counsel) R) Letter and Notice from California Department of Food and Agriculture re Open House Meeting on the Treatment Plans Against the Asian Citrus Psyllid on November 12, 2015 S) Notice from Lt. J. Irigoyen, California Highway Patrol, re Hazardous Materials Incident Report on October 21, 2015, Oak Creek Road east of Tehachapi Willow Springs Road (Copies to Fire-HazMat and Environmental Health) T) from Chris Horgan, Stewards of the Sequoia, re Southern California Edison rate increase (Copies to each Supervisor, CAO and County Counsel) U) from John Prettyman, U.S. Army Corps of Engineers, re Isabella Dam Safety Modification Project Situation Report, November 2015 (Copies to each Supervisor, CAO, Public Works, Fire, Office of Emergency Services, Public Health, Emergency Medical Services and County Counsel) V) Letter from California Department of Fish and Wildlife re Notice of Availability of Negative Declaration for Proposed Amendments to Freshwater Sport Fishing Regulations W) Public Notice of Hearing from Buena Vista Water Storage District re on November 18, 2015 Election to Become Groundwater Sustainability Agency Under the Sustainable Groundwater Management Act (Copies to each Supervisor, CAO and County Counsel) X) Notice from State Department of Alcoholic Beverage Control re application for alcoholic beverage license from: Core Mark, 200 Coremark Court, Bakersfield; Olive Star, Inc., 5300 Olive Drive, Bakersfield; Seven Days Mini Mart, Main Street, Lamont; and Taste of India, Tracy Avenue, Buttonwillow (Copies to Planning and Community Development and Environmental Health) Y) Agenda for Kern Health Systems Board of Directors meeting on November 12, 2015 Z) Summary of Proceedings for Kern Health Systems Board of Directors meeting on October 8, ) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Letter from Indian Wells Valley Water District re Notice of Sale of Surplus Property - REFERRED TO PROPERTY MANAGEMENT (Copies to each Supervisor, CAO and County Counsel) 48) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Ally Care Group, Inc. v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

14 Summary of Proceedings PM Page 14 B) Claim in the matter of Obie Lee Chris v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) C) Claim in the matter of Windy Kern, Dale Kern v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) D) Claim in the matter of Daniel Lee Kleinman v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) E) Claim in the matter of Michael John McWilliams v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) F) Claim in the matter of Senior Veterans Benefit Advocates, LLC v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) G) Denial to Return on Petition for Writ of Habeas Corpus in the matter of the Application of Cosme Presas v. County of Kern et al. (Case No. HC014458A) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) H) Notice of Charge of Discrimination in the matter of Amanda Taylor v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management and Human Resources) I) Request for Dismissal in the matter of Brandon Darbro and Georgeann Smith v. County of Kern et al. (Case No. S-1500-CV SPC) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) J) First Amended and Supplemental Complaint for Damages for Medical Negligence and Loss of Consortium in the matter of Shavonda Mosley and Julius Mosley v. County of Kern et al. (Case No. BVC ) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) K) Summons and Complaint in the matter of Jane Doe v. County of Kern (United States District Court, Eastern District of California Case No. 1:15-CV JLT) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) L) Summons and Complaint in the matter of Jane Doe v. County of Kern (United States District Court, Eastern District of California Case No. 1:15-CV JLT) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) M) Summons and Complaint in the matter of Sierra Club v. California Department of Conservation, Division of Oil, Gas and Geothermal Resources et al. (Case No. BCV ) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

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