SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN BOARD RECONVENED 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, October 14, :00 P.M. Supervisors: McQuiston, Maben, Maggard, Watson, Rubio ROLL CALL: 4 Present; 1 Absent - McQuiston NOTE: SUPERVISOR MCQUISTON ARRIVED PRIOR TO CONSIDERATION OF THE CONSENT AGENDA 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 PUBLIC PRESENTATIONS WERE RE-OPENED FOLLOWING THE VOTE ON ITEM NO. 4 ROGER MCINTOSH, MCINTOSH AND ASSOCIATES, RESPONDED TO INQUIRY BY SUPERVISOR RUBIO REGARDING GRIMMWAY AGRICULTURAL WASTE COMPOSTING OPERATION IN ARVIN INDICATING THAT EXISTING COMPOST WOULD BE REMOVED WITHIN 60 DAYS AND THAT GRIMMWAY WOULD BRING NO NEW COMPOST MATERIAL TO THE SITE SALVADOR PARTIDA AND JAIME BERUMEN, COMMITTEE FOR A BETTER ARVIN; JOAQUIN DURAN; OCTAVIO TAMAYO; JOSE ANGEL PEREZ; GUSTAVO AGUIRRE, COMMUNITY ORGANIZER, CENTER ON RACE, POVERTY AND THE ENVIRONMENT; AND HIMYAR AMIN ALSHAIF HEARD REGARDING ODOR ISSUES RELATED TO GRIMMWAY AGRICULTURAL WASTE COMPOSTING OPERATION IN ARVIN; RECEIVED AND FILED Maben-Maggard: All Ayes

2 Summary of Proceedings Page 14 JAIME BERUMEN HEARD CONCERNING CODE COMPLIANCE ISSUE REGARDING FOUR DISASSEMBLED TRUCKS PARKED ON COMANCHE ROAD BETWEEN DURHAM AND REGAL IN ARVIN SUPERVISOR MABEN REQUESTED ENGINEERING AND SURVEY SERVICES/CODE COMPLIANCE MONITOR THE REMOVAL OF AGRICULTURAL WASTE COMPOSTING MATERIAL AT GRIMMWAY SITE IN ARVIN AND PROVIDE BIWEEKLY UPDATES TO THE BOARD 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 NOTE: ITEM NO. 12 WAS HEARD PRIOR TO ITEM NO. 3 CONTINUED HEARINGS RESOURCE MANAGEMENT AGENCY Planning Department 3) Request from Community Recycling and Resource Recovery, Inc., by WZI, Inc., to modify a greenwaste composting facility conditional use permit, to revise the amount and type of accepted feedstocks/additives, to allow the processing of gypsum wallboard, and to amend the conditions of approval accordingly and a response to referrals from the Board of Supervisors regarding compliance with conditions of approval for property located at 1261 North Wheeler Ridge Road, approximately two miles south of Lamont (SD #2) Specific Request: (a) A Modification of a Conditional Use Permit (Resolution 72-93; approved July 8, 1993) which authorized a greenwaste composting facility (Section H) in an A District, to revise the amount and type of accepted feedstocks/additives, to allow the processing of gypsum wallboard, and to amend the conditions of approval accordingly (b) A Response to Referrals concerning: (1) An annual review of the Community Recycling and Resource Recovery Facility, and (2) a report on compliance with conditions of approval relating to storage and processing of feedstock and management of odor issues (CUP #27, Map #143) (Negative Declaration; Published Bakersfield Californian) (from 10/7/2008) - OPENED HEARING; INGRID BROSTRUM, CENTER ON RACE, POVERTY AND THE ENVIRONMENT, HEARD; CLOSED HEARING; CONTINUED TO TUESDAY, JANUARY 20, 2009, AT 2:00 P.M. Maben-McQuiston: All Ayes

3 Summary of Proceedings Page 15 4) Request from Grimmway Enterprises, Inc., by McIntosh and Associates to change the permitted uses from intensive agriculture/shallow groundwater to other waste facilities and other waste facility buffer and to allow an agricultural waste composting operation on approximately 618 acres located on the north side of Copus Road, east of Interstate 5, south of Bakersfield (SD #4) Specific Request: (a) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code(s) 8.1/2.3 to Map Code(s) 3.7 and or more restrictive map code designations; amend Appendix F of the Kern County General Plan (GPA #2, Map #160) (b) A Conditional Use Permit to allow an agricultural waste composting operation (Section D) in an A District (CUP #15, Map #160) (Negative Declaration; Published Bakersfield Californian) (from 4/1/2008, 5/27/2008, 7/29/2008, 8/26/2008 and 9/16/2008) - INGRID BROSTRUM, CENTER ON RACE, POVERTY AND THE ENVIRONMENT; AND ROGER MCINTOSH, MCINTOSH AND ASSOCIATES, REPRESENTING THE APPLICANT, HEARD; PER PLANNING DEPARTMENT RECOMMENDATION, REFERRED BACK TO STAFF MOTION TO RE-OPEN PUBLIC PRESENTATIONS (SEE ITEM NO. 1) Maben-Maggard: All Ayes HEARINGS RESOURCE MANAGEMENT AGENCY Planning Department 5) Request from John and Christine Sullivan by the Law Firm of Kronick, Moskovitz, Tiedman, and Girard for cancellation of a 16-acre parcel of a Land Use Contract within Agricultural Preserve 10, located on the north side of Curnow Road, between Ashe Road and Stine Road, southwest Bakersfield (SD #2) Specific Request: Cancellation of a 16-acre parcel of a Land Use Contract within Agricultural Preserve 10 (Cancellation #07-2, Map #142) (Environmental Impact Report; Published Bakersfield Californian) - OPENED HEARING; KRISTEN HAGEN, COUNSEL REPRESENTING THE APPLICANT, AND ROGER MCINTOSH, MCINTOSH AND ASSOCIATES, HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED SECTION FINDINGS; ADOPTED SECTION STATEMENT OF OVERRIDING CONSIDERATION; ADOPTED RESOLUTION APPROVING CANCELLATION SUBJECT TO PAYMENT OF PENALTY FEE; DIRECTED CLERK OF THE BOARD TO ISSUE A TENTATIVE CERTIFICATE OF CANCELLATION, WHICH REQUIRES PAYMENT OF PENALTY FEES; ISSUED A CERTIFICATE OF CANCELLATION, SUBJECT TO PAYMENT OF PENALTY FEES AND COMPLIANCE WITH ALL OTHER CONDITIONS CONTAINED IN TENTATIVE CERTIFICATE OF CANCELLATION Maben-Watson: All Ayes

4 Summary of Proceedings Page 16 CA-6) CA-7) Request from Niles Sterling, LLC, by M.S. Walker and Associates, Inc., to change the permitted uses from neighborhood commercial to general commercial on approximately 0.43 acre located on the northeast corner of Sterling Road and Niles Street, East Bakersfield area (SD #3) Specific Request: A change in zone classification from C-1 to C-2 or a more restrictive district (ZCC #34, Map #103-26) (General Rule, Section 15061(b)(3); Published Bakersfield Californian) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED RESOLUTION AND ENACTED ORDINANCE G-7784 APPROVING ZONE CHANGE, AS REQUESTED Request from Kern County Roads Department to vacate a portion of the old Calloway Drive alignment where it crosses the Santa Fe Railroad track, north of Brimhall Road, south of Rosedale Highway, Bakersfield (SD #3) Specific Request: Nonsummary vacation of a portion of the old Calloway Drive alignment where it crosses the Santa Fe Railroad track, north of Brimhall Road ( Streets and Highways) (General Rule, Section 15061(b)(3); Published Bakersfield Californian) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING DEPARTMENT RECOMMENDATION, ADOPTED RESOLUTION APPROVING VACATION OF PUBLIC ACCESS RIGHTS ON CALLOWAY DRIVE, EXCEPTING AND RESERVING AN EASEMENT FOR EXISTING PUBLIC UTILITIES DEPARTMENTAL REQUESTS RESOURCE MANAGEMENT AGENCY Planning Department Land Use S.D. #1 CA-8) Proposed Notice of Nonrenewal Petition No of Ralph Goehring by Hughes Surveying for a.70-acre portion of contracted land within Agricultural Preserve No. 8 (Fiscal Impact: None) - DIRECTED CLERK OF THE BOARD TO RECORD S.D. #2 CA-9) Request for Release of Covenant of easement for McQuag Avenue west of Wheeler Ridge Road, north of Laval Road, Lebec Area, to implement establishing an easement for a private road to allow access to parcels located within Parcel Map 9974 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN RELEASE; DIRECTED CLERK OF THE BOARD TO RECORD

5 Summary of Proceedings Page 17 Miscellaneous S.D. #2 CA-10) Proposed Consulting Agreement with RGP Planning and Development Services to prepare the Environmental Impact Report (EIR) for Golden Queen Mining Co., Ltd., project, in an amount not to exceed $123,800 (Fiscal Impact: $123,800; Application Processing Fees; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT S.D. #3 CA-11) Request for authorization to sign Use of Facilities Agreement with Beardsley School District to hold Oildale Community Visioning Workshop on November 7 and 8, 2008, in an amount not to exceed $240 (Fiscal Impact: $240; Budgeted; Discretionary) - APPROVED; AUTHORIZED PLANNING DIRECTOR TO SIGN NOTE: ITEM NO. 12 WAS HEARD FOLLOWING ITEM NO. 2 RESOURCE MANAGEMENT AGENCY All S.D. s 12) Response to referrals on October 18, 2005, and February 5, 2008, concerning development of a Greenwaste Land Application Ordinance (Fiscal Impact: None) - DIRECTED RESOURCE MANAGEMENT AGENCY AND ENVIRONMENTAL HEALTH SERVICES TO INITIATE PUBLIC OUTREACH WORKSHOPS TO MEET WITH STAKEHOLDERS TO DEVELOP AN ORDINANCE FOR BOARD CONSIDERATION; RECEIVED AND FILED Maben-Watson: All Ayes RESOURCE MANAGEMENT AGENCY Animal Control Department All S.D. s CA-13) Monthly Report for Animal Control Department (Fiscal Impact: None) - RECEIVED AND FILED CA-14) Authorization to utilize appropriations budgeted for the Spay/Neuter Clinic Program to reimburse veterinarians for spay/neuter program vouchers, in an amount not to exceed $30,000 (Fiscal Impact: $30,000; General Fund; Budgeted; Discretionary) - APPROVED

6 Summary of Proceedings Page 18 RESOURCE MANAGEMENT AGENCY Engineering and Survey Services Hearings S.D. #4 15) Hearing for the abatement of a public nuisance involving the demolition of abandoned and dangerous structure(s) at 218-1/2 Jefferson Street, Block 49, Lot 20, Taft (Fiscal Impact: $15,000; Budgeted; General Fund; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; ADOPTED RESOLUTION DECLARING ABANDONED EAST RESIDENCE, ASSOCIATED GARAGE AND EXCESSIVE WEEDS AND TRASH ON THE SUBJECT PROPERTY A PUBLIC NUISANCE; DIRECTED ENGINEERING & SURVEY SERVICES 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 & SURVEY SERVICES TO USE ABATEMENT FUNDS TO AWARD BIDS FOR DEMOLITION AND REMOVAL AND TO PERFORM NECESSARY INSPECTIONS IN PERFORMANCE OF THE DEMOLITION CONTRACT S.D. #1 CA-16) Request for approval of completed street improvements per Precise Development Plan No. 37, Map No. 79, and proposed Resolution for acceptance of Coberly Road into the County road system for maintenance as County Road No. 4009, Roderick and Catherine Jameson (Fiscal Impact: None) - APPROVED COMPLETED STREET IMPROVEMENTS PER PRECISE DEVELOPMENT PLAN NO. 37, MAP NO. 79; ADOPTED RESOLUTION FOR ACCEPTANCE OF OFFERS OF DEDICATION AND INCORPORATION OF COBERLY ROAD AS COUNTY ROAD NO INTO THE COUNTY ROAD SYSTEM FOR MAINTENANCE S.D. #5 CA-17) Request to approve final map for Tract No. 6093, east side of Habecker, south of Hall Road, Lamont, Type "A" subdivision, Dee Jaspar and Associates for Self Help Enterprises (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION MAKING FINDINGS PER SECTION OF PUBLIC RESOURCES CODE, SECTIONS , AND OF GOVERNMENT CODE INCLUDING APPROVAL OF WAIVER OF SIGNATURE FOR MINERAL OWNERS WITHOUT SURFACE ENTRY RIGHTS AND EASEMENT HOLDERS PER SECTION OF GOVERNMENT CODE AND SECTION D1 OF LAND DIVISION ORDINANCE (SECTION K1,2,3 NOT APPLICABLE); APPROVED FINAL MAP; AUTHORIZED CLERK OF THE BOARD TO SIGN; APPROVED IMPROVEMENT AND MONUMENTATION AGREEMENTS; AUTHORIZED CHAIRMAN TO SIGN; ACCEPTED IRREVOCABLE OFFER OF DEDICATION FOR CAMINO LA JOLLA; AUTHORIZED CLERK OF THE BOARD TO SIGN; RECEIVED AND FILED DOCUMENTS AND ORDERED RECORDED AS APPROPRIATE

7 Summary of Proceedings Page 19 RESOURCE MANAGEMENT AGENCY Roads Department S.D. #1 CA-18) Contract No Plans, Specifications and Notice to Contractors for construction on Seventh Standard Road from 0.5 mile west of Santa Fe Way to Coffee Road (Fiscal Impact: $51,000,000; Seventh Standard Road Widening Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED ROADS TO PUBLISH NOTICE TO CONTRACTORS IN A NEWSPAPER OF GENERAL CIRCULATION, PURSUANT TO SECTION OF PUBLIC CONTRACT CODE; BID OPENING TO BE WEDNESDAY, NOVEMBER 26, 2008, AT 11:00 A.M. CA-19) Proposed establishment of new Budget Unit and interest-bearing Capital Project Fund for Seventh Standard Road Widening Project and authorization to advance funds from Metropolitan Bakersfield Non-Core Transportation Impact Fund, in an amount not to exceed $4,000,000; appropriate unanticipated revenue from State Aid for Construction, Federal Aid for Construction and the railroad contribution in the amount of $31,146,000; and approve budget transfer (Fiscal Impact: $31,146,000; State, Federal and Other Funding; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO MAKE ADVANCES, AS NECESSARY, IN AN AMOUNT NOT TO EXCEED $4,000,000; APPROPRIATED UNANTICIPATED REVENUE; APPROVED BUDGET TRANSFER S.D. #4 CA-20) CA-21) Proposed Joint Agencies Agreement with the Greater Bakersfield Separation of Grade District for the engineering, financing, and construction of the Hageman Road/BNSF Separation of Grade Project, in an amount not to exceed $1,750,000 (Fiscal Impact: $1,750,000; Metropolitan Bakersfield Transportation Impact Fees; Discretionary; Budgeted) - CONTINUED TO TUESDAY, OCTOBER 21, 2008, AT 2:00 P.M. Proposed Contribution Agreement with the State of California, Department of Transportation (Caltrans) for the installation of traffic signals and safety lighting on State Route 46 at Warren Street, Lost Hills (Fiscal Impact: $200,400; Supplemental Mitigation Trust Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT S.D. #5 CA-22) Contract No , Notice of Completion with D.O.D. Construction for construction on Lamont Sidewalk Improvements (Fiscal Impact: None) - RECEIVED AND FILED

8 Summary of Proceedings Page 20 CA-23) Proposed 35-mile-per-hour speed limit on Zephyr Lane between Whittendale Street and Fairfax Road, a distance of 1,990 feet, Bakersfield (Fiscal Impact: None) - APPROVED; REFERRED TO COUNTY COUNSEL FOR PREPARATION OF ORDINANCE All S.D. s CA-24) Proposed Proposition 1B funding for transit and confirmation of projects for Kern County s Regional Transit System (Fiscal Impact: $300,542, Revenue; Public Transportation System Enterprise Fund; Not Budgeted; Discretionary) - APPROVED PROPOSITION 1B PROJECTS; CONFIRMED PROJECTS ARE CONSISTENT WITH TRANSIT PLAN; AUTHORIZED DIRECTOR OF ROADS TO SIGN AND SUBMIT APPLICATIONS FOR PROPOSITION 1B FUNDING COUNTY ADMINISTRATIVE OFFICE CA-25) Proposed allowable exclusions to Fiscal Year Gann Appropriations Limit (Fiscal Impact: None) - APPROVED CA-26) Proposed contribution to California Trail Users Coalition for visitor information kiosk, in the amount of $30,336 (Fiscal Impact: $30,336 General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO PAY CA-27) Proposed Agreement with Community Action Partnership of Kern for furniture acquisition for Desert Willow Apartments, housing for mentally disabled individuals, in the amount of $40,000 (Fiscal Impact: $40,000 General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-28) CA-29) CA-30) Transfer of property tax entitlement related to City of Bakersfield Annexation No. 575, Local Agency Formation Commission Proceeding No (Fiscal Impact: FY $1,673 General Fund; Discretionary) - APPROVED; ADOPTED RESOLUTION Transfer of property tax entitlement related to City of Bakersfield Annexation No. 580, Local Agency Formation Commission Proceeding No (Fiscal Impact: FY $271 General Fund; $197 Fire Fund; Discretionary) - APPROVED; ADOPTED RESOLUTION Transfer of property tax entitlement related to City of Bakersfield Annexation No. 592, Local Agency Formation Commission Proceeding No (Fiscal Impact: FY $285 General Fund; $222 Fire Fund; Discretionary) - APPROVED; ADOPTED RESOLUTION

9 Summary of Proceedings Page 21 CA-31) Transfer of property tax entitlement related to City of Bakersfield Annexation No. 600, Local Agency Formation Commission Proceeding No (Fiscal Impact: FY $5,489 General Fund; Discretionary) - APPROVED; ADOPTED RESOLUTION ) Proposed Memorandum of Understanding (MOU) with Kern County Probation Managers Association for Bargaining Unit O providing: 1) ninemonth term expiring June 30, 2009; 2) salary increase of 11% for all represented classifications, effective the first day of the first pay period following adoption of MOU; 3) voluntary fitness/wellness program, effective January 3, 2009, which provides for fitness incentive pay of up to 4% of base salary; and 4) increase in vacation accruals of one additional day per accrual level (Fiscal Impact: FY $130,350; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT ; DIRECTED AUDITOR-CONTROLLER-COUNTY CLERK, DIRECTOR OF PERSONNEL, AND COUNTY ADMINISTRATIVE OFFICER TO IMPLEMENT Maben-Watson: All Ayes 33) Proposed Resolution regarding salary adjustments of 7% for unrepresented Probation Department management classifications, effective the first day of the first pay period following Resolution adoption (Fiscal Impact: FY $34,000; Not Budgeted; Discretionary) - APPROVED; ADOPTED RESOLUTION ; DIRECTED COUNTY ADMINISTRATIVE OFFICER, AUDITOR-CONTROLLER-COUNTY CLERK, AND DIRECTOR OF PERSONNEL TO IMPLEMENT COUNTY ADMINISTRATIVE OFFICE General Services Division S.D. #1 CA-34) Identify apparent low bid and proposed Agreement with Brown & Fowler Construction, Inc., for the boat launch, restroom, parking lot and lighting at Lake Ming, in an amount not to exceed $1,276,866 ( ) (Fiscal Impact: $1,276,866; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT ) Proposed Request for Proposals from developers for a 20-year lease of a new Build-to-Suit facility to provide office space for a Department of Human Services, Lake Isabella District Office (Fiscal Impact: Approximately $1,500; Human Services Department Administration Fund; Budgeted; Discretionary) - WITHDRAWN S.D. #3 CA-36) Change Order No. 6 for the new Emergency Operations Center, an increase of $5,750, for a new total of $2,540,469, and to allow for additional time ( ) (Fiscal Impact: $5,750; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN

10 Summary of Proceedings Page 22 CA-37) Request to cancel Escrow Agreement between the County of Kern and Black Hall Construction, Inc., for the audiovisual/low voltage system project at the Emergency Operations Center ( D) (Fiscal Impact: None) - APPROVED S.D. #5 CA-38) Proposed Amendment No. 1 to Engineering Services Agreement with Harrel Engineering for the Bakersfield Animal Shelter Administration Building, an increase in the amount of $2,500, for a new total of $24,500 ( ) (Fiscal Impact: $2,500; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT All S.D. s CA-39) Job Order Contract Project Listing Update (Various Projects) (Fiscal Impact: None) - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTIONS AS APPROPRIATE; APPROVED CONSIDERATION OF ORDINANCE INTRODUCED OCTOBER 7, 2008 CA-40) Proposed Ordinance to repeal Franchise Ordinance F-478 granted to Sagebrush Partnership - ENACTED ORDINANCE F-518 MATTERS FOR EXECUTIVE APPROVAL CA-41) Budget Transfers - APPROVED NOS. 031 THROUGH 036 CA-42) CA-43) CA-44) Minutes for week of September 8, APPROVED Miscellaneous Letters and Documents - APPROVED Miscellaneous Departmental Referrals by Clerk of the Board - APPROVED AND FILED CA-45) Claims and Lawsuits filed with and referred by Clerk of the Board - APPROVED AND FILED

11 Summary of Proceedings Page 23 ADJOURNED TO TUESDAY, OCTOBER 21, 2008, AT 9:00 A.M. Maben /s/ Kathleen Krause Clerk of the Board /s/ Michael J. Rubio Chairman, Board of Supervisors

12 Summary of Proceedings Page 24 43) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED Animal Control A) Thirty-three (33) thank you letters for donations to the Kern County animal shelters (Copies to each Supervisor and CAO) Clerk of the Board B) Monthly Referral Report for September, 2008 C) from Jeffrey A. Green re resignation from the Kern County Planning Commission upon appointment of his successor (Copies to each Supervisor, CAO, Planning and County Counsel) D) Received, certified and transmitted to Recorder for recordation as follows: 1) Tract Map 6449, Phase 2 S.D. #4 2) Tract Map 6449, Phase 3 S.D. #4 3) Tract Map 6761 S.D. #1 Community & Economic Development E) County Loan Agreement, HOME Investment Partnerships Program, First Time Home Buyers Mortgage Assistance Program, with Hilario Molina and Amelia Carranza General Services F) Acceptance of Franchise re Riverkern Mutual Water Company in compliance with Franchise Ordinance F-504, Bond No , from Western Surety Company Local Agency Formation Commission G) Resolution No , Proceeding No. 1547, in the matter of Fairhaven Fire Protection District, Dissolution (Copies to each Supervisor, CAO and Resource Management Agency) H) Resolution Nos and 08-47, Proceeding No. 1548, in the matter of North Kern Water Storage District, Annexation No. 3, Detachment L (Reorganization) (Copies to each Supervisor, CAO and Resource Management Agency) I) Resolution Nos and 08-41, Proceeding No. 1545, in the matter of East Niles Community Service District, Annexation No. 40 (Copies to each Supervisor, CAO and Resource Management Agency) J) Resolution No , Proceeding No. 1560, in the matter of City of Bakersfield, Annexation No. 555, and North of the River Sanitary District No. 1, Annexation No. 81 (Snow Road No. 13) (Copies to each Supervisor, CAO and Resource Management Agency) K) Resolution No , Proceeding No. 1551, in the matter of City of Bakersfield, Annexation No. 496 (McCutchen No. 4) (Copies to each Supervisor, CAO and Resource Management Agency) L) Notice of Hearing, Proceeding No. 1556, in the matter of Kern Tulare Water District, Rag Gulch Water District Consolidation (Copies to each Supervisor, CAO and Resource Management Agency)

13 Summary of Proceedings Page 25 M) Notice of Hearing, Proceeding No. 1561, in the matter of City of Tehachapi, Annexation No. 79 (Copies to each Supervisor, CAO and Resource Management Agency) Treasurer-Tax Collector N) Cash Receipts and Disbursements for September 30, 2008 Miscellaneous O) Letter from Connor J. Flanigan, Southern California Edison, re application for a rate increase with the California Public Utilities Commission, Application A (Copies to each Supervisor, CAO and General Services) P) Letter from Stacie Schaffer, Southern California Edison, re amended application for a rate increase with the California Public Utilities Commission, Application (Copies to each Supervisor, CAO and General Services) Q) Letter from Patrick Serpa in opposition to proposed Big West Refinery expansion (Copies to each Supervisor, CAO, Planning and County Counsel) R) Letter from Leslie F. Grober, State Water Resources Control Board, to Robert Baiocchi, California Salmon & Steelhead Association, re denial of petition for reconsideration concerning Order WR DWR which approved a temporary transfer of up to 10,000 acre-feet by South Fork Feather Water and Power Agency (Copies to each Supervisor, CAO and Resource Management Agency) S) from Eddy Aldridge suggesting monthly 1/2 price adoption days at the animal shelter (Copies to each Supervisor, CAO, Resource Management Agency, Animal Control and County Counsel) T) from Jannie Helton re enforcement of Los Angeles spay and neuter ordinance (Copies to each Supervisor, CAO, Resource Management Agency, Animal Control and County Counsel) U) Certificate of Workers Compensation Insurance from State Compensation Insurance Fund, Policy No , Ebony Counseling Center (Copy to General Services) V) Notice of Default and Election to Sell from LandAmerica Default Services, re property of Emanuel Yashari, Michael Arzani, Doreen, LLC, and Refoua, LLC (Copy to Property Management) W) Notice from State Department of Alcoholic Beverage Control re application for alcoholic beverage license from LaRonda Night Club, 2201 Edison Highway, Bakersfield (Copies to each Supervisor, CAO, Planning and Environmental Health) X) Notice from State Water Resources Control Board re cancellation of public workshop on Wednesday, November 5, 2008, concerning discussion of the San Joaquin River Flow Objectives for the San Francisco/Sacramento-San Joaquin Delta Estuary and an update on Southern Delta Salinity (Copies to each Supervisor, CAO and Resource Management Agency)

14 Summary of Proceedings Page 26 Y) News release from U.S. Forest Service re National Visitor Use Monitoring program in Los Padres National Forest (Copies to each Supervisor and CAO) Z) Agenda of meeting from Kern Health Systems on Thursday, October 9, 2008 AA) Minutes of meeting from Kern Health Systems on Thursday, September 11, ) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Letter from Mary Carmona, Emma C. Smith Elementary School in Livermore, requesting information about Kern County - REFERRED TO BOARD OF TRADE (Copies to each Supervisor and CAO) B) Letter from Alfredo Higuera Bernal, Consejo Estatal de Seguridad Publica, requesting donations to Mexico of police, fire, public works and office equipment - REFERRED TO FIRE AND SHERIFF (Copies to each Supervisor, CAO and County Counsel) 45) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY THE CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Robert Stanley Welsh vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) B) Summons and complaint in the matter of Charles Ray Wortham and Earlette Carrol Wortham vs. Kern County, et al - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)