SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN BOARD RECONVENED 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, January 22, :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 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 THREE 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 RUBIO REQUESTED GENERAL SERVICES FACILITATE NECESSARY CHANGES THAT WOULD PROVIDE STAFF THE ABILITY TO EXIT STAIRWELLS ON THE SECOND THROUGH FIFTH FLOORS AT 1115 TRUXTUN AVENUE SUPERVISOR RUBIO REQUESTED CLARIFICATION OF ACTION TAKEN ON JANUARY 8, 2008, ITEM 15 A.M., WHICH DIRECTED COUNTY ADMINISTRATIVE OFFICE TO REQUEST THE COUNTY S LEGISLATIVE ADVOCACY TEAM TO PURSUE LEGISLATION REQUIRING SUPER-MAJORITY APPROVAL FOR ADOPTION OF SUPERVISORIAL DISTRICT BOUNDARIES; SUPERVISORS MCQUISTON, MABEN AND WATSON PROVIDED INPUT

2 Summary of Proceedings Page 9 CONTINUED HEARINGS RESOURCE MANAGEMENT AGENCY Planning Department CA-3) Request from HB Development by Porter-Robertson Engineering and Surveying, Inc. (original applicant) to appeal the decision of the Planning Commission for the addition of conditions requiring Type A improvements for Prestonbrook Drive and Renfro Road, located within the designated remainder of Vesting Tentative Tract 6817, located at the northwest corner of Meacham Road and Three Bars Street, Rosedale area (SD #4) Specific Request: An appeal to the decision of the Planning Commission for the addition of conditions of approval requiring Type A improvements for Prestonbrook Drive and Renfro Road for Vesting Tentative Tract 6817 (Resolution ; approved October 11, 2007) which proposed to divide a acre site into 64 lots ranging in size from 12,002 square feet (net) to 26,843 square feet (net) for residential use, a 28,007-square-foot (net) sump lot, and a 1.42-acre (net) drill island; four limited design variations (TR #6817 [Appeal]) (Negative Declaration; Published Bakersfield Californian) (from 12/11/2007) - WITHDRAWN BY APPLICANT DEPARTMENTAL REQUESTS RESOURCE MANAGEMENT AGENCY Engineering and Survey Services S.D. #4 CA-4) Request for release of Monument Security, Tract 6103, southwest corner of Meacham Road and Heath Road, western Rosedale area, Heath 6301, LLC (Fiscal Impact: None) - APPROVED; RELEASED MONUMENT SECURITY (CASH DEPOSIT); AUTHORIZED AUDITOR-CONTROLLER- COUNTY CLERK TO ISSUE A WARRANT IN THE AMOUNT OF $5,830 TO SUBDIVIDER, HEATH 6301, LLC CA-5) Request to approve Agreements extending and amending Subdivision Improvement Agreement and Permanent Survey Monument Agreement, Tract 6252, Phase A, northwest corner of Hageman Road and Renfro Road, western Rosedale area, Inland Valley, LLC (Fiscal Impact: None) - APPROVED; GRANTED REQUESTED EXTENSION OF TIME TO COMPLETE REQUIRED IMPROVEMENT WORK AND MONUMENTATION TO JANUARY 22, 2009; AUTHORIZED CHAIRMAN TO SIGN EXTENSION AGREEMENTS; RETAINED EXISTING IMPROVEMENT SECURITIES IN FULL FORCE AND EFFECT

3 Summary of Proceedings Page 10 CA-6) Request for approval of completed street, drainage, water and sewer improvements and reduction of Faithful Performance Security in Subdivision Improvement Agreement, Tract 6300, north side of Stockdale Highway, southwest Bakersfield, and proposed Resolution for acceptance of roads into the County road system and acceptance of street, water and sewer improvements for maintenance (Fiscal Impact: None) - APPROVED COMPLETED STREET, WATER AND SEWER IMPROVEMENTS; REDUCED EXISTING FAITHFUL PERFORMANCE SECURITY IN THE AMOUNT OF $653,392 TO $65,339 FOR THE GUARANTEE AND MAINTENANCE OF COMPLETED STREET, WATER AND SEWER IMPROVEMENTS AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP FOR A ONE-YEAR PERIOD ENDING JANUARY 22, 2009; REDUCED FAITHFUL PERFORMANCE BOND NO , IN THE AMOUNT OF $653,392, ISSUED BY INSURANCE COMPANY OF THE WEST, TO $65,339; ADOPTED RESOLUTION FOR ACCEPTANCE OF ROADS WITHIN TRACT 6300, INTO THE COUNTY ROAD SYSTEM AND ACCEPTANCE OF STREET, WATER AND SEWER IMPROVEMENTS FOR MAINTENANCE CA-7) CA-8) Request to set public hearing to consider levying assessments for Zone of Benefit Nos. 3, 5, 7, 8 and 10 within County Service Area No. 71, and proposed Resolution of Intention to extend Zone of Benefit Nos. 3, 5, 7, 8 and 10 within County Service Area No. 71, a portion of Tract 6401, west Bakersfield, located north of Rosedale Highway and east of Allen Road (Fiscal Impact: $15,390; CSA s; Budgeted; Mandated) - APPROVED; MADE FINDING ACTION IS STATUTORILY EXEMPT FROM CEQA PURSUANT TO SECTION 15061(B)(3) AND SECTION OF THE STATE CEQA GUIDELINES; SET PUBLIC HEARING FOR TUESDAY, MARCH 11, 2008, AT 2:00 P.M., TO RECEIVE PUBLIC COMMENT AND TABULATE BALLOTS; DIRECTED ENGINEERING & SURVEY SERVICES TO MAIL NOTICES AND BALLOTS, ALONG WITH AN ENGINEER S REPORT, TO THE PROPERTY OWNERS AFFECTED, AND TO CONDUCT A PUBLIC INFORMATIONAL MEETING IN COMPLIANCE WITH ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION; DIRECTED CLERK OF THE BOARD TO PUBLISH NOTICE OF HEARING AND TO FILE A NOTICE OF EXEMPTION, IF REQUESTED; ADOPTED RESOLUTION Request to set public hearing to consider levying assessments for Zone of Benefit Nos. 3, 5, 7, 8 and 10 within County Service Area No. 71, and proposed Resolution of Intention to extend Zone of Benefit Nos. 8 and 10 within County Service Area No. 71, a portion of Tract 6401, west Bakersfield, located north of Rosedale Highway and east of Allen Road (Fiscal Impact: $11,400; CSA s; Budgeted; Mandated) - APPROVED; MADE FINDING ACTION IS STATUTORILY EXEMPT FROM CEQA PURSUANT TO SECTION 15061(B)(3) AND SECTION OF THE STATE CEQA GUIDELINES; SET PUBLIC HEARING FOR TUESDAY, MARCH 11, 2008, AT 2:00 P.M., TO RECEIVE PUBLIC COMMENT AND TABULATE BALLOTS; DIRECTED ENGINEERING & SURVEY SERVICES TO MAIL NOTICES AND BALLOTS, ALONG WITH AN ENGINEER S REPORT, TO THE PROPERTY OWNERS AFFECTED, AND TO CONDUCT A PUBLIC INFORMATIONAL MEETING IN COMPLIANCE WITH ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION; DIRECTED CLERK OF THE BOARD TO PUBLISH NOTICE OF HEARING AND TO FILE A NOTICE OF EXEMPTION, IF REQUESTED; ADOPTED RESOLUTION

4 Summary of Proceedings Page 11 CA-9) Proposed Stream Alteration Agreement No R4 with the California Department of Fish and Game for Cuddy Creek, in an amount not to exceed $10,000 (Fiscal Impact: $10,000; Discretionary; Not Budgeted) - APPROVED; AUTHORIZED ENGINEERING & SURVEY SERVICES DIRECTOR OR DESIGNEE TO SIGN AND SUBMIT FOR FINAL APPROVAL RESOURCE MANAGEMENT AGENCY Roads Department S.D. #1 CA-10) Proposed 35-mile-per-hour speed limit on Kendall Avenue between College Heights Boulevard and Gateway Boulevard, a distance of 5,265 feet, Bakersfield (Fiscal Impact: None) - APPROVED; REFERRED TO COUNTY COUNSEL FOR PREPARATION OF ORDINANCE CA-11) Proposed 35-mile-per-hour speed limit on Springer Avenue between College Heights Boulevard and Gateway Boulevard, a distance of 5,263 feet, Bakersfield (Fiscal Impact: None) - APPROVED; REFERRED TO COUNTY COUNSEL FOR PREPARATION OF ORDINANCE S.D. #2 CA-12) Proposed Contract No with Hard Rock Construction for construction on Mojave Improvements-Phase 10, in an amount not to exceed $164,453 (Fiscal Impact: $164,453; Community Development Block Grant Funds; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT S.D. #4 CA-13) Proposed no parking zone on the north side of Stockdale Highway beginning 268 feet east of the curb return at Wegis Avenue, and easterly a distance of 1,161 feet, Bakersfield (Fiscal Impact: None) - APPROVED; REFERRED TO COUNTY COUNSEL FOR PREPARATION OF ORDINANCE All S.D. s CA-14) Contract No , identify apparent low bid of Granite Construction Company for Job Order Contract for road maintenance/repair, in an amount not to exceed $1,000,000 (Fiscal Impact: Maximum of $1,000,000; Road Fund; Budgeted; Discretionary) - IDENTIFIED APPARENT LOW BID; AUTHORIZED ROADS TO PREPARE CONTRACT DOCUMENTS AND RELEASE ALL OTHER BID GUARANTEES CA-15) Report regarding Contract Change Orders approved during the fourth quarter of 2007 (Fiscal Impact: None) - RECEIVED AND FILED

5 Summary of Proceedings Page 12 WASTE MANAGEMENT S.D. s #1 & #2 CA-16) Proposed Agreement with Vector Engineering, Inc., to provide environmental, civil and geotechnical engineering services at the Bakersfield Metropolitan (Bena) Sanitary Landfill from January 22, 2008 to December 31, 2012, in an amount not to exceed $1,500,000 (Fiscal Impact: $1,500,000; Solid Waste Enterprise Fund; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT All S.D. s CA-17) Proposed Agreement with HF&H Consultants, LLC, to provide special projects consultant services from January 22, 2008 to December 31, 2012, in an amount not to exceed $250,000 (Fiscal Impact: $250,000; Solid Waste Enterprise Fund; Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-18) COUNTY ADMINISTRATIVE OFFICE Proposed contribution to George Wright Society to support Climate Change Conference (Fiscal Impact: $1,000; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO PAY CA-19) Proposed transfer of property tax entitlement between Special Districts: Bear Valley Springs Community Services District Annexation and Detachment, Local Agency Formation Commission (LAFCO) Proceeding No (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION AUTHORIZING AUDITOR-CONTROLLER-COUNTY CLERK TO TRANSFER BEAR MOUNTAIN RECREATION AND PARK DISTRICT S AND TEHACHAPI VALLEY RECREATION AND PARK DISTRICT S PROPERTY TAX ENTITLEMENT IN THE BEAR VALLEY SPRINGS COMMUNITY SERVICES DISTRICT S TERRITORY TO BEAR VALLEY SPRINGS COMMUNITY SERVICES DISTRICT IN CONSIDERATION FOR THE TRANSFER OF SERVICE RESPONSIBILITY, MINUS THE PORTION TO REMAIN WITH THE TEHACHAPI VALLEY RECREATION AND PARK DISTRICT UNDER A SUBSEQUENT RESOLUTION CA-20) Proposed Administrative Services Agreement with Managed Care Systems, LP, to provide additional employee health plan option, selffunded Exclusive Provider Organization (EPO), effective March 1, 2008, for a term of two years and administrative fee of $22.50 per employee per month (PEPM), stop loss coverage fee of $13.00 PEPM, and pharmacy administrative fee of $2.50 PEPM (Fiscal Impact: Estimated savings FY $605,000; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

6 Summary of Proceedings Page 13 CA-21) CA-22) Proposed Agreement with Kaiser Foundation Healthplan, Inc., to provide additional employee health plan option, fully insured Health Maintenance Organization (HMO), effective March 1, 2008, with an expiration date of December 31, 2008, and premiums of $404 per employee per month (PEPM) for employee only, $773 PEPM for employee plus one dependent, and $1,142 PEPM for employee plus family (Fiscal Impact: Estimated savings FY $490,000; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT COUNTY ADMINISTRATIVE OFFICE General Services Division S.D. #4 Change Order No. 1 to replace the perimeter fence at Lost Hills Airport, an increase of $6,314, for a new total of $290,311 ( ) (Fiscal Impact: $6,314; Airport Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN All S.D. s CA-23) Proposed Amendment No. 1 to Agreement with Berry & Associates for consulting/surveying services for various projects, an increase of $10,000, for a new total of $30,000 (Various Projects) (Fiscal Impact: $10,000; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-24) Request to increase blanket purchase orders with Golden Construction, Tite Enterprises, and Teletrak Medical Transcription that exceed $100,000 for goods and services (Fiscal Impact: $100,000 Annually; General Fund; Budgeted; Discretionary) - APPROVED MATTERS FOR EXECUTIVE APPROVAL CA-25) Budget Transfers - APPROVED NOS. 108 THROUGH 111 CA-26) Minutes for week of December 17, APPROVED WITH CORRECTION TO TUESDAY, DECEMBER 18, 2007, ITEM NO. 10 P.M., TO READ "PROPOSED AMENDMENT TO GRANT AGREEMENT..." CA-27) Miscellaneous Letters and Documents - FILED CA-28) Claims and Lawsuits filed with and referred by Clerk of the Board - APPROVED AND FILED

7 Summary of Proceedings Page 14 ADJOURNED TO TUESDAY, JANUARY 29, 2008, AT 9:00 A.M. Maben /s/ Kathleen Krause Clerk of the Board /s/ Michael J. Rubio Chairman, Board of Supervisors

8 Summary of Proceedings Page 15 27) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED Aging & Adult Services A) Quality Assurance Monitoring Review of Kern County s In-Home Supportive Services Program by the California Department of Social Services Clerk of the Board B) from Parks Department re vacancy notice on the Heritage Commission due to death of Leon (Lee) Duane Olson (Copies to each Supervisor and CAO) C) Received, certified and forwarded to Recorder for recordation as follows: 1) Parcel Map S.D. #4 Community & Economic Development D) County Loan Agreement, HOME Investment Partnerships Program, Owner Rehabilitation Program, with Manuel S. Sanchez and Stephanie L. Sanchez Planning E) Recorded Grant of Avigation Easement from North Hills Community Church, Inc., concerning Parcel Map 11537, APN (Document ) Roads F) Recorded Easement Deeds for construction of road improvements on Myrtle Avenue from Donald Lee Anderson and Carrie Ann Anderson, APN (Document ); Antonio Fernandez and Maria Carmen Del Rocha Fernandez, APN (Document ); Antonio Fernandez and Maria Carmen Del Rocha Fernandez, APN (Document ); Jose Rivera and Alicia Rivera, APN (Document ); and Eldai Santana and Ofelia Santana, APN (Document ) Treasurer-Tax Collector G) Cash Receipts and Disbursements for December 2007 Miscellaneous H) Letter from Florence A. Perkolup and Joan Diane Perkolup in opposition to proposed zone change application by Power Partners Southwest, LLC, to permit wind energy facilities in the Willow Springs Section of Rosamond (Copies to each Supervisor, CAO and Planning) I) Letter from Donald A. Heisey, Dopaco, re Worker Adjustment Retraining and Notification Act (WARN) concerning closure of plant located at 5801 District Boulevard, Bakersfield (Copies to each Supervisor, CAO and Employers Training Resource) J) Letter from Robert M. Davis re appointment as spokesperson for Davis family for comments concerning U.S. Borax, Inc. s request to amend the circulation element of the Kern County General Plan (Copies to each Supervisor, CAO and Planning)

9 Summary of Proceedings Page 16 K) Notice from Department of Alcoholic Beverage Control re application for alcoholic beverage license from: China Bowl Chinese Restaurant, Sierra Highway, Mojave (Copies to each Supervisor, CAO and Planning) L) Notice of Default and Election to Sell Under Deed of Trust from NDEx West, LLC, by Stewart Title of California re Deed of Trust dated March 3, 2006, by Patricia C. Ramirez (Copy to Property Management) M) Minutes of meeting from Kern County Commission on Aging on Thursday, November 1, ) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY THE CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Clark Pest Control vs. Kern County - REFERRED TO B) Claim in the matter of Maria Carmen Gonzalez-Pinera vs. Kern County - REFERRED TO C) Claim in the matter of Neva Kim Miller vs. Kern County - REFERRED TO D) Claim in the matter of Martin E. Lopez vs. Kern County - REFERRED TO E) Claim in the matter of Penny Perryman vs. Kern County - REFERRED TO F) Claim in the matter of Kimberly Miller; Ira Miller by and through his Guardian ad Litem, Kimberly Miller; Jessica Miller, by and through her Guardian ad Litem, Kimberly Miller; Cheyenne Miller, by and through her Guardian ad Litem, Kimberly Miller; Karrah Miller, by and through her Guardian ad Litem, Kimberly Miller vs. Kern County - REFERRED TO G) Letter from William L. Nelson re commencement of litigation in the matter of William L. Nelson vs. Kern County, et al - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) H) Petition for Writ of Mandate in the matter of William L. Nelson vs. Kern County, et al - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) I) ExParte Application for Writ of Mandamus in the matter of Richard Peterson vs. Kern County, et al - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)