SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, December 12, :00 P.M. BOARD RECONVENED Supervisors: McQuiston, Maben, Patrick, Watson, Rubio ROLL CALL: All Present NOTE: FOLLOWING ITEM NO. 2, CHAIRMAN PATRICK ANNOUNCED RESULTS OF CLOSED SESSION RESULTS OF CLOSED SESSION Results of Closed Session from December 12, 2006, at 9:00 A.M., Item No. 29, regarding a lawsuit entitled City of Los Angeles, et al, v. County of Kern, Kern County Board of Supervisors, U.S. District Court, Central District of California, Case No. CV GAF (Government Code Section (a)) - THE BOARD BY A UNANIMOUS VOTE DIRECTED COUNSEL NOT TO APPEAL THE PRELIMINARY INJUNCTION ORDERED BY JUDGE FEESS BUT TO CONTINUE AN AGGRESSIVE DEFENSE OF THE ORDINANCE IN THE TRIAL COURT AS THE MOST COST-EFFECTIVE WAY TO PROCEED UNDER THE CIRCUMSTANCES CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: ALL ITEMS LISTED WITH A "CA" 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 TWO MINUTES. PLEASE STATE YOUR NAME BEFORE MAKING YOUR PRESENTATION. THANK YOU! - NO ONE HEARD

2 Summary of Proceedings Page 11 BOARD MEMBER ANNOUNCEMENTS OR REPORTS 2) On their own initiative, Board members may make an announcement or a report on their own activities. They may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda (Gov. Code Sec [a]) - NO ONE HEARD HEARINGS RESOURCE MANAGEMENT AGENCY Planning Department CA-3) Request from Brock Family Trust by Robert G. Hogue, L.S., to change the permitted uses from suburban 20-acre residential to suburban 10-acre residential on acres located on the northeast side of Cumberland Road, approximately 1/4 mile south of South Lower Valley Road, Bear Valley Springs (SD #2) A change in zone classification from E (20) RS to E (10) RS or a more restrictive district (ZCC #36, Map #164) (General Rule, Section 15061(b)(3); Published Tehachapi News) - COMMISSION RECOMMENDATION, ADOPTED RESOLUTION AND ENACTED ORDINANCE G-7485 APPROVING ZONE CHANGE AS REQUESTED CA-4) Request from Las Tunas and Central, LLC, by Moreland Consulting, Inc., to change the permitted uses from limited agriculture to low-density residential - floodplain combining on 20 acres located at Holiday Avenue and 30th Street West, Rosamond area (SD #2) A change in zone classification from A-1 to R-1 FP or a more restrictive district (ZCC #105, Map #230) (Negative Declaration; Published Rosamond Weekly News) - COMMISSION RECOMMENDATION, ADOPTED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTION AND ENACTED ORDINANCE G-7486 APPROVING ZONE CHANGE, WITH SUBSTITUTION OF THE FPS (FLOODPLAIN SECONDARY COMBINING) DISTRICT IN PLACE OF REQUESTED FP (FLOODPLAIN COMBINING) DISTRICT, TO BECOME EFFECTIVE UPON THE RECORDATION OF SUBDIVISION MAP

3 Summary of Proceedings Page 12 CA-5) Request from James and Emilie Wainright by French and Associates to change the permitted uses from limited agriculture to general commercial - precise development plan combining - floodplain secondary combining on approximately 12.5 acres located at the southeast corner of Lebec Road and Landfill Road, Lebec (SD #4) A change in zone classification from A-1 FPS to C-2 PD FPS or a more restrictive district (ZCC #24, Map #237-34) (Negative Declaration; Published Mountain Enterprise) - COMMISSION RECOMMENDATION, ADOPTED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTION AND ENACTED ORDINANCE G-7487 APPROVING ZONE CHANGE, WITH ADDITION OF THE GH (GEOLOGIC HAZARD COMBINING) DISTRICT CA-6) Request from Brian Rice Construction, Inc., by Nelms Surveying to change the permitted uses from exclusive agriculture to suburban one-acre residential on 6.36 acres located at West Jewetta Avenue, approximately 415 feet south of Rosedale Highway, Rosedale area (SD #4) A change in zone classification from A to E (1) RS or a more restrictive district (ZCC #28, Map #101-25) (General Rule, Section 15061(b)(3); Published Bakersfield Californian) - COMMISSION RECOMMENDATION, ADOPTED RESOLUTION AND ENACTED ORDINANCE G-7488 APPROVING ZONE CHANGE AS REQUESTED CA-7) Request from Kevin Pascoe, et al, by Porter-Robertson Engineering and Surveying, Inc., to adopt a Specific Plan Line for Reina Road between Jenkins Road and Olive Drive, northwest Bakersfield (SD #4) Adoption of a Specific Plan Line for Reina Road between Jenkins Road and Olive Drive (Adopt Reina Road SP Line) (General Rule, Section 15061(b)(3); Published Bakersfield Californian) - COMMISSION RECOMMENDATION, ADOPTED RESOLUTION APPROVING ADOPTION OF THE SPECIFIC PLAN LINE FOR REINA ROAD GENERAL PLAN AMENDMENT HEARINGS Amendment of the Land Use, Open Space and Conservation Element of Kern County General Plan, Metropolitan Bakersfield General Plan, and Western Rosedale Specific Plan; Amend the Circulation Element of the Kern County General Plan and the Metropolitan Bakersfield General Plan; Adoption of Specific Plan Line for Reina Road; Alteration of Agricultural Preserve 13; and other items as cited which include amendments of certain zoning maps and applications and proceedings

4 Summary of Proceedings Page 13 RESOURCE MANAGEMENT AGENCY Planning Department CA-8) Request from Michael J. and Candra M. Redfeairn by Bruce Anderson to change the permitted uses from agriculture to mineral petroleum on 222 acres and zoning from agriculture to natural resource on 20 acres of property located on the north and south sides of Breckenridge Road, immediately east of Comanche Drive, east Bakersfield (SD #1) (a) Amend the Metropolitan Bakersfield General Plan from Map Code(s) R-EA to Map Code(s) R-MP or a more restrictive map code designation on approximately 222 acres (GPA #6, Map #104) (b) A change in zone classification from A to NR (5) or a more restrictive district on 20 acres (ZCC #12, Map #104) (General Rule, Section 15061(b)(3); Published Bakersfield Californian) - PER PLANNING DEPARTMENT RECOMMENDATION, REFERRED BACK TO STAFF 9) Request from Tommie Dickey by George Dickey to change the permitted uses from agriculture to 2-1/2-acre residential on 5.29 acres located at the northeast corner of Snow Road and Isaak Lane, western Bakersfield (SD #1) (a) Amend the Metropolitan Bakersfield General Plan from Map Code(s) R-IA to Map Code(s) RR or a more restrictive map code designation (GPA #16, Map #102) (b) A change in zone classification from A to E (2-1/2) or a more restrictive district (ZCC #123, Map #102) (Categorically Exempt, Section 15303; Published Bakersfield Californian) - COMMISSION RECOMMENDATION, ADOPTED RESOLUTIONS AND AND ENACTED ORDINANCE G-7489 APPROVING GENERAL PLAN AMENDMENT AND APPROVING ZONE CHANGE AS REQUESTED McQuiston-Watson: All Ayes CA-10) Request from Terence Pierce to change the permitted uses from agriculture to 2-1/2-acre rural residential on 50 acres located south of Backus Road, west of State Route 14, at the southeast corner of 20th Street West and Gibbs Avenue, Mojave area (SD #2) (a) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code(s) 8.5 to Map Code(s) 5.6 or a more restrictive map code designation on approximately 40 acres and from Map Code(s) 5.7 to Map Code(s) 5.6 or a more restrictive map code designation on approximately ten acres (GPA #21, Map #213) (b) A change in zone classification from E (5) to E (2-1/2) or a more restrictive district on approximately ten acres to facilitate up to twenty 2-1/2-acre parcels for residential development on approximately 50 acres (ZCC #54, Map #213) (Negative Declaration; Published Mojave Desert News) - COMMISSION RECOMMENDATION, ADOPTED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTIONS AND AND ENACTED ORDINANCE G-7490 APPROVING GENERAL PLAN AMENDMENT AND APPROVING ZONE CHANGE AS REQUESTED

5 Summary of Proceedings Page 14 CA-11) Request from Ray and Betty Blain by Donald E. Ward to amend the Circulation Element to eliminate the designation of a portion of the Easy Street alignment as a collector/secondary highway alignment located at the southerly continuation of Easy Street, between Banducci Road and Creekside Drive, Cummings Valley area, southwest of Tehachapi (SD #2) Amend the Circulation Element of the Kern County General Plan to eliminate the designation of a portion of the Easy Street alignment as a collector/secondary highway alignment (GPA #5, Map #165-34) (General Rule, Section 15061(b)(3); Published Tehachapi News) - PER PLANNING DEPARTMENT RECOMMENDATION, CONTINUED TO TUESDAY, JANUARY 9, 2007, AT 2:00 P.M. 12) Request from Steve Gilbert by Donald E. Ward to change the permitted uses from 20-acre residential to 2-1/2-acre residential on ten acres located on the southwest corner of the intersection of Highline Road and Easy Street, near the Brite Valley Recreation area, Tehachapi (SD #2) (a) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code(s) 5.7 to Map Code(s) 5.6 or a more restrictive map code designation (GPA #4, Map #165-34) (b) A change in zone classification from E (20) RS to E (2-1/2) RS or a more restrictive district (ZCC #22, Map #165-34) (Negative Declaration; Published Tehachapi News) - OPENED HEARING; PETE STURN, STEVE GILBERT, JERRY L. BAKER AND L. R. SNYDER, HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTIONS AND AND ENACTED ORDINANCE G-7491 APPROVING GENERAL PLAN AMENDMENT AND APPROVING ZONE CHANGE Maben-Rubio: All Ayes 13) Request from Central Valley Investors II, LLC, by McMillin Commercial to change the permitted uses from office commercial to general commercial on approximately 4.37 acres located on the southeast corner of Olive Drive and Victor Street, Bakersfield (SD #3) (a) Amend the Metropolitan Bakersfield General Plan from Map Code(s) OC to Map Code(s) GC or a more restrictive map code designation (GPA #6, Map #102-15) (b) A change in zone classification from CO PD to C-2 PD or a more restrictive district (ZCC #25, Map #102-15) (c) A Precise Development Plan for a general commercial retail development in a C-2 PD District (PD Plan #17, Map #102-15) (Negative Declaration; Published Bakersfield Californian) - REFERRED BACK TO STAFF Maben-Watson: All Ayes

6 Summary of Proceedings Page 15 14) Request from Ron Edwards by Hopkins Engineering to change the permitted uses from large lot residential to a 232-unit apartment complex on approximately acres located along Monica Street, between Kern Canyon Road (State Route 184) and College Avenue, northeast Bakersfield (SD #3) (a) Amend the Metropolitan Bakersfield General Plan from Map Code(s) SR to Map Code(s) HR or a more restrictive map code designation (GPA #11, Map #104-30) (b) A change in zone classification from R-1 to R-3 PD or a more restrictive district (ZCC #30, Map #104-30) (c) Amend the Circulation Element of the Metropolitan Bakersfield General Plan to reclassify Monica Street from a collector to a local roadway and rescind the Monica Street Specific Plan Line between College Avenue and State Route 184 (Negative Declaration; Published Bakersfield Californian) - COMMISSION RECOMMENDATION, ADOPTED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTIONS AND AND ENACTED ORDINANCE G-7492 APPROVING GENERAL PLAN AMENDMENT; APPROVING ZONE CHANGE AS REQUESTED; AND REFERRED RECLASSIFICATION OF MONICA STREET AND RESCISSION OF SPECIFIC PLAN LINE BACK TO STAFF Watson-Rubio: All Ayes 15) Request from Thomas J. Willis by Cornerstone Engineering, Inc., to change the permitted uses from large lot residential to office commercial on approximately 7-1/2 acres located on the west side of Allen Road, between Hageman Road and Meacham Road, west of Bakersfield (SD #4) (a) Amend the Western Rosedale Specific Plan from Map Code(s) UER to Map Code(s) OC or a more restrictive map code designation (SPA #9, Map #101-23) (b) A change in zone classification from E (2-1/2) RS PE to CO or a more restrictive district to facilitate office commercial land uses on four parcels (ZCC #35, Map #101-23) (Negative Declaration; Published Bakersfield Californian) - COMMISSION RECOMMENDATION, ADOPTED NEGATIVE DECLARATION AND REVISED MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTIONS AND AND ENACTED ORDINANCE G-7493 APPROVING SPECIFIC PLAN AMENDMENT AS REQUESTED; AND APPROVING ZONE CHANGE AS REQUESTED Watson-Rubio: All Ayes

7 Summary of Proceedings Page 16 16) Request from Floyd Hinesly by Porter-Robertson Engineering and Surveying, Inc., and Kern County Planning Department to change the permitted uses from 2-1/2-acre residential to 1/4-acre residential and a 2-1/2-acre drilling easement to facilitate the construction of 66 single-family lots on acres located at the northwest corner of Three Bars Street and Meacham Road, west of Bakersfield (SD #4) (a) Amend the Western Rosedale Specific Plan from Map Code(s) RR to Map Code(s) SR or a more restrictive map code designation (GPA #10, Map #101-23) (b) A change in zone classification from E (2-1/2) RS PE to E (1/4) and DI and from A to DI or more restrictive districts (ZCC #37, Map #101-23) (Negative Declaration; Published Bakersfield Californian) - OPENED HEARING; DENNIS POLM; WILLIAM ALEXANDER, REPRESENTING GORDON DOLE AND DOLE ENTERPRISES; FRED PORTER, REPRESENTING FLOYD HINESLY; DEBBIE BANDUCCI; WILL THRASHER; FLOYD HINESLY; AND NINA MARQUIS, HEARD; ADOPTED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTIONS AND AND ENACTED ORDINANCE G-7494 APPROVING SPECIFIC PLAN AMENDMENT, AND APPROVING ZONE CHANGE, INCLUDING DRILLING ISLAND ZONE, AS REQUESTED, TO BECOME EFFECTIVE UPON RECORDATION OF A TRACT MAP Watson-Rubio: 3 Ayes; 2 Noes - McQuiston, Maben 17) Request from Design Community Group, Inc., by Quad Knopf to change the permitted uses from minimum 1/4-acre cluster residential to low-density cluster residential on approximately 14 acres located at the northwest corner of Jewetta Avenue and Rosedale Highway, north of the Burlington Northern and Santa Fe Railroad, west of Bakersfield (SD #4) (a) Amend the Western Rosedale Specific Plan from Map Code(s) SR and HMR to Map Code(s) LMR or a more restrictive map code designation (SPA #8, Map #101-24) (b) A change in zone classification from E (1/4) CL to R 1 CL or a more restrictive district (ZCC #35, Map #101-24) (Negative Declaration; Published Bakersfield Californian) - OPENED HEARING; SUE DAVIS; JAMES DAVIS; GLEN MEARS, REPRESENTING QUAD KNOPF; JOANN KEENEY; AND DAVID A. SMITH, REPRESENTING DESIGN COMMUNITY GROUP, INC., HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTIONS AND AND ENACTED ORDINANCE G-7495 APPROVING SPECIFIC PLAN AMENDMENT, AS REQUESTED; AND APPROVING ZONE CHANGE, TO BECOME EFFECTIVE UPON RECORDATION OF A TRACT MAP; RECEIVED AND FILED DOCUMENTS; REFERRED TO ROADS TO CONSIDER A STOP SIGN ON JEWETTA AND A CUL-DE-SAC ON AIMEE WAY

8 Summary of Proceedings Page 17 18) Request from Mike Evans to change the permitted uses from agricultural to five-acre residential parcels to allow the subdivision of the property into eight lots on acres located on the west side of Evans Ranch Road, between Dustin Acres Road and Valley West Road, west of Dustin Acres (SD #4) (a) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code(s) 8.1 to Map Code(s) 5.7/2.10 or a more restrictive map code designation (GPA #1, Map #139-22) (b) A change in zone classification from A to E (5) RS MH or a more restrictive district (ZCC #11, Map #139-22) (Negative Declaration; Published Daily Midway Driller) - COMMISSION RECOMMENDATION, ADOPTED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM, WITH REVISIONS AS RECOMMENDED BY STAFF; ADOPTED RESOLUTIONS AND AND ENACTED ORDINANCE G-7496 APPROVING GENERAL PLAN AMENDMENT AND APPROVING ZONE CHANGE Watson-McQuiston: All Ayes CA-19) Request from Kern County Waste Management Department to change the permitted uses from extensive agriculture to solid waste disposal facility buffer and exclude 364 acres from the boundaries of an Agricultural Preserve located at the intersection of Sycamore Road and Wheeler Ridge Road, west of Arvin (SD #5) (a) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code(s) 8.3, 3.4, and 8.1 to Map Code(s) or a more restrictive map code designation; amend the Circulation Element to delete the alignment for Habecker Road, Sycamore Road, and El Camino Drive; amend Appendix E of the Kern County General Plan (GPA #5, Map #144) (b) A change in zone classification from A-1 to A or a more restrictive district on acres (ZCC #24, Map #144) (c) Exclusion of approximately 364 acres from the boundaries of an Agricultural Preserve (Ag Pres #13 - Excl) (Environmental Impact Report; Published Arvin Tiller) - PER PLANNING DEPARTMENT RECOMMENDATION, CONTINUED TO TUESDAY, JANUARY 23, 2007, AT 2:00 P.M. DEPARTMENTAL REQUESTS RESOURCE MANAGEMENT AGENCY Planning Department Hearing All S.D. s 20) Proposal to increase the mitigation fee to implement the Metropolitan Bakersfield Habitat Conservation Plan from $1,240 to $2,145 per gross acre (Fiscal Impact: None) - OPENED HEARING; CASSIE DANIEL, EXECUTIVE VICE PRESIDENT OF KERN COUNTY BUILDING INDUSTRY ASSOCIATION, HEARD; CLOSED HEARING; APPROVED; ENACTED ORDINANCE G-7497 Watson-Maben: 4 Ayes; 1 No - McQuiston

9 Summary of Proceedings Page 18 Land Use S.D. #1 CA-21) Proposed Notice of Nonrenewal Petition No by Paramount Orchards Partners VI for approximately 10 acres within Agricultural Preserve 6 (Fiscal Impact: None) - DIRECTED CLERK OF THE BOARD TO RECORD CA-22) Proposed Notice of Nonrenewal Petition No by Paramount Land Company for approximately 20 acres within Agricultural Preserve 6 (Fiscal Impact: None) - DIRECTED CLERK OF THE BOARD TO RECORD CA-23) Proposed Notice of Nonrenewal Petition No by Paramount Land Company for approximately 632 acres within Agricultural Preserve 8 (Fiscal Impact: None) - DIRECTED CLERK OF THE BOARD TO RECORD CA-24) Proposed Notice of Nonrenewal Petition No by Paramount Land Company for approximately 5.94 acres within Agricultural Preserve 6 (Fiscal Impact: None) - DIRECTED CLERK OF THE BOARD TO RECORD CA-25) Proposed Notice of Nonrenewal Petition No by Paramount Land Company for approximately 40 acres within Agricultural Preserve 6 (Fiscal Impact: None) - DIRECTED CLERK OF THE BOARD TO RECORD S.D. #2 CA-26) Proposed Notice of Nonrenewal Petition No by Tuanchi Liu on behalf of Yan-Shu Kao Trust for approximately 300 acres within Agricultural Preserve 13 (Fiscal Impact: None) - DIRECTED CLERK OF THE BOARD TO RECORD S.D. #4 CA-27) Proposed Notice of Nonrenewal Petition No by Paramount Orchards Partners VI for approximately 560 acres within Agricultural Preserve 5 (Fiscal Impact: None) - DIRECTED CLERK OF THE BOARD TO RECORD S.D. s #1 & #3 CA-28) Proposed Notice of Nonrenewal Petition No by Glen H. Stoller and Terrie D. Stoller on behalf of Stoller Family Trust for approximately 200 acres within Agricultural Preserve 13 (Fiscal Impact: None) - DIRECTED CLERK OF THE BOARD TO RECORD

10 Summary of Proceedings Page 19 Miscellaneous All S.D. s CA-29) Report regarding new State land use, planning and environmental legislation effective January 1, 2007 (Fiscal Impact: None) - RECEIVED AND FILED RESOURCE MANAGEMENT AGENCY Engineering and Survey Services Hearings S.D. #3 30) Proposed Resolution ordering the extension of Zone of Benefit No. 3 in County Service Area No. 71, determining to adopt and accept an Ordinance enacting assessments for the area included within the boundary extended herein, Parcel Map 10931, north Bakersfield, located south of Norris Road and west of Patton Way (Fiscal Impact: $400; CSA's; Budgeted; Mandated) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; TABULATED BALLOTS; CONFIRMED THAT MAJORITY OF BALLOTS SUBMITTED WERE IN FAVOR OF ASSESSMENTS; ENACTED ORDINANCE G-7498 ESTABLISHING ASSESSMENTS; ADOPTED RESOLUTION CONFIRMING ENGINEERING & SURVEY SERVICES DEPARTMENT DIRECTOR'S REPORT AND APPROVING ANNUAL ASSESSMENT NOT TO EXCEED $50 PER PARCEL FOR STREET LIGHT MAINTENANCE; DETERMINING TO ADOPT AND ACCEPT AN ORDINANCE ENACTING ASSESSMENTS FOR THE AREA INCLUDED WITHIN THE BOUNDARY EXTENDED HEREIN; ORDERING THE EXTENSION OF ZONE OF BENEFIT NO. 3 IN COUNTY SERVICE AREA NO. 71, PARCEL MAP Maben-Watson: All Ayes S.D. #4 31) Proposed Resolution ordering the extension of Zone of Benefit Nos. 3, 5 and 10 in County Service Area No. 71, determining to adopt and accept an Ordinance enacting assessments for the area included within the boundaries extended herein, Parcel Map 11133, west Bakersfield, located north of Brimhall Road and east of Nord Avenue (Fiscal Impact: $999; CSA's; Budgeted; Mandated) - OPENED HEARING, NO ONE HEARD; CLOSED HEARING; TABULATED BALLOTS; CONFIRMED THAT MAJORITY OF BALLOTS SUBMITTED WERE IN FAVOR OF ASSESSMENTS; ENACTED ORDINANCE G-7499 ESTABLISHING ASSESSMENTS; ADOPTED RESOLUTION CONFIRMING ENGINEERING & SURVEY SERVICES DEPARTMENT DIRECTOR'S REPORT AND APPROVING ANNUAL ASSESSMENT NOT TO EXCEED $85 PER PARCEL FOR STREET LIGHT MAINTENANCE; $12 PER PARCEL FOR SEPTIC MONITORING; $36 PER PARCEL FOR STREET SWEEPING - LARGE LOT; $200 PER PARCEL FOR MULTI-USE TRAIL, LANDSCAPE AND WALL MAINTENANCE; DETERMINING TO ADOPT AND ACCEPT AN ORDINANCE ENACTING ASSESSMENTS FOR THE AREA INCLUDED WITHIN THE BOUNDARIES EXTENDED HEREIN; ORDERING THE EXTENSION OF ZONE OF BENEFIT NOS. 3, 5 AND 10 IN COUNTY SERVICE AREA NO. 71, PARCEL MAP 11133

11 Summary of Proceedings Page 20 S.D. #1 CA-32) CA-33) CA-34) Request for release of Faithful Performance Security for street, water, and sewer one-year guarantee period, Tract 6053, Phase 4, northwest corner of West Day Avenue and North Chester Avenue, North Country Meadows (Fiscal Impact: None) - APPROVED; RELEASED 10% FAITHFUL PERFORMANCE BOND NO , UNDERWRITTEN BY INSURANCE COMPANY OF THE WEST, IN THE AMOUNT OF $120,035 Request for release of Faithful Performance Security for street, water, and sewer one-year guarantee period, Tract 6063, Phase 2, east side McCray Street, 580 feet north of West Day Avenue, North Country Meadows (Fiscal Impact: None) - APPROVED; RELEASED 10% FAITHFUL PERFORMANCE BOND NO , ISSUED BY INSURANCE COMPANY OF THE WEST, IN THE AMOUNT OF $29,760 Request for release of Faithful Performance Security for street, water, and sewer one-year guarantee period, Tract 6063, Phase 3, east side of McCray Street, 900 feet north of West Day Avenue, North Country Meadows (Fiscal Impact: None) - APPROVED; RELEASED 10% REDUCE FAITHFUL PERFORMANCE BOND NO , ISSUED BY INSURANCE COMPANY OF THE WEST, IN THE AMOUNT OF $24,926 S.D. #4 CA-35) Request to set public hearing to consider levying assessments for Zone of Benefit Nos. 3, 5, 7, 8 and 10 in County Service Area No. 71 and proposed Resolution of Intention to extend Zone of Benefit Nos. 3, 5, 7, 8 and 10 in County Service Area No. 71, Tract 6300, west Bakersfield, located north of Stockdale Highway and east of Wegis Avenue (Fiscal Impact: $35,316; 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, JANUARY 30, 2007, 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 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

12 Summary of Proceedings Page 21 S.D. #5 CA-36) CA-37) Request to set public hearing to consider levying assessments for Rexland Acres (Fiscal Impact: $4,507,000; Assessment District Funds; Not Budgeted; Discretionary) - 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, FEBRUARY 13, 2007, 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 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 Proposed Assessment District Formation Notice of Intention, preliminarily approving Engineer's Report, and appointing Bond Counsel for the Rexland Acres Sewer System (Fiscal Impact: $4,507,000; USDA/RD Loan Funds; Discretionary) - APPROVED; MADE FINDING ACTION IS STATUTORILY EXEMPT FROM CEQA PURSUANT TO SECTION 15061(B)(3) AND SECTION OF THE STATE CEQA GUIDELINES; ADOPTED RESOLUTION OF INTENTION; ADOPTED RESOLUTION PRELIMINARILY APPROVING ENGINEER'S REPORT; SET PUBLIC INFORMATIONAL MEETING FOR WEDNESDAY, JANUARY 17, 2007, AT 6:00 P.M., AT FAIRVIEW ELEMENTARY SCHOOL, 425 E. FAIRVIEW ROAD, BAKERSFIELD; SET PUBLIC HEARING FOR TUESDAY, FEBRUARY 13, 2007, AT 2:00 P.M.; ADOPTED RESOLUTION APPOINTING BOND COUNSEL RESOURCE MANAGEMENT AGENCY Roads Department S.D. #1 CA-38) Contract No , identify apparent low bid of Granite Construction Company for construction on Snow Road between Allen Road and Golden State Highway, Bakersfield, in an amount not to exceed $1,315,237 (Fiscal Impact: $1,315,237; Federal CMAQ/RSTP Funds; Budgeted; Discretionary) - IDENTIFIED APPARENT LOW BID; AUTHORIZED ROADS TO PREPARE CONTRACT DOCUMENTS AND RELEASE ALL OTHER BID GUARANTEES S.D. #2 CA-39) Proposed Contract No with Maverick Asphalt, Inc., for construction on Rosamond Boulevard from 90th Street West to 57th Street West, Rosamond, in an amount not to exceed $679, (Fiscal Impact: $679,746.70; Federal CMAQ Funds; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

13 Summary of Proceedings Page 22 S.D. #3 CA-40) Proposed Right-of-Way Contract from William Larkin Trust and Jack in the Box, Inc., and Grant Deed from William Larkin Trust and Quitclaim Deed from Jack in the Box, Inc., and Escrow Instructions to purchase approximately 665 square feet of William Larkin Trust property for the construction of improvements on State Highway 65 (Porterville Highway), Bakersfield in an amount not to exceed $14,770 (Fiscal Impact: $14,770; Road Fund; Budgeted; Discretionary) - AUTHORIZED CHAIRMAN TO SIGN RIGHT-OF-WAY CONTRACT (AGREEMENT ) AND ESCROW INSTRUCTIONS; ACCEPTED GRANT DEED AND QUITCLAIM DEED; AUTHORIZED AUDITOR- CONTROLLER-COUNTY CLERK TO MAKE PAYMENT S.D. #5 CA-41) Proposed Contract No with Granite Construction Company for construction on Panama Lane from City Limit to Cottonwood Road, and on Ashe Road from State Route 119 to one-half mile north, Bakersfield, in an amount not to exceed $298,794 (Fiscal Impact: $298,794; Federal RSTP Funds; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT S.D. s #3 & #4 CA-42) Contract No , identify apparent low bid of Griffith Company for construction on Jenkins Road and Fruitvale Avenue, Bakersfield, in an amount not to exceed $633,933 (Fiscal Impact: $633,933; Federal RSTP Funds; Budgeted; Discretionary) - IDENTIFIED APPARENT LOW BID; AUTHORIZED ROADS TO PREPARE CONTRACT DOCUMENTS AND RELEASE ALL OTHER BID GUARANTEES NOTE: ITEMS NO. 43 AND NO. 44 WERE HEARD CONCURRENTLY WASTE MANAGEMENT Hearings All S.D. s 43) Public Hearing to consider an Ordinance establishing an increase in the schedule of Solid Waste Management Program service charges for residential properties (Land Use Fees) for Fiscal Year from $66 to $70 per unit and an increase for five (5) or more unit residential parcels from $53 to $56 per unit, and setting a formula for establishing charges for future years (Fiscal Impact: $17,730,705 [Revenue]; Solid Waste Enterprise Fund; Budgeted; Mandated) - OPENED HEARING; KAREN MEEKS; DENNIS FOX; AND MICHAEL TURNIPSEED, EXECUTIVE DIRECTOR, KERN COUNTY TAXPAYERS ASSOCIATION, HEARD; CLOSED HEARING; MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER PUBLIC RESOURCE CODE SECTION 21080(b)(8); APPROVED REPORT; DIRECTED CLERK OF THE BOARD TO FILE NOTICE OF EXEMPTION; ENACTED ORDINANCE G-7500 Maben-Watson: 4 Ayes; 1 No - McQuiston

14 Summary of Proceedings Page 23 44) Public Hearing to consider an Ordinance establishing an increase in the schedule of Solid Waste Management Program service charges for non-residential properties (Gate Fees) for Fiscal Year from $36 per ton to $38.25 per ton and increase the rate for staff time from $60 to $75 per hour (Fiscal Impact: $18,180,100 [Estimated Revenue FY ]; Solid Waste Enterprise Fund; Not Budgeted; Mandated) - OPENED HEARING; KAREN MEEKS; DENNIS FOX; AND MICHAEL TURNIPSEED, EXECUTIVE DIRECTOR, KERN COUNTY TAXPAYERS ASSOCIATION, HEARD; CLOSED HEARING; MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER PUBLIC RESOURCE CODE SECTION 21080; APPROVED REPORT; DIRECTED CLERK OF THE BOARD TO FILE NOTICE OF EXEMPTION; ENACTED ORDINANCE G-7501 Maben-Watson: All Ayes CA-45) Request by Lee and Stacy Roberts for exemption from the Land Use Fee for Assessor's Parcel No , a mobile home park located at Kostopoulos Avenue, Boron, for Fiscal Year (Fiscal Impact: $848 [Revenue Decrease]; Solid Waste Enterprise Fund; Not Budgeted; Mandated) - APPROVED COUNTY ADMINISTRATIVE OFFICE CA-46) CA-47) Proposed Agreement with Kern County Children and Families Commission for administrative, fiscal and legal services for a three-year term through December 31, 2009 (Fiscal Impact: Unknown) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT Proposed Amendment No. 2 to Agreement with Child Welfare League of America increasing the scope of work and increasing compensation by $83,000, for a new total of $290,500 (Fiscal Impact: $83,000; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-48) Proposed adjustment in salaries of certain classifications to comply with AB 1835 California Minimum Wage Law (Fiscal Impact: $20,000; Not Budgeted; Discretionary) - APPROVED INCREASE OF FLAT HOURLY RATE TO $7.50 PER HOUR, EFFECTIVE DECEMBER 23, 2006, FOR DEPARTMENTAL AIDE (ITEM NO. 4210); FIRE CREW WORKER - EXTRA HELP (ITEM NO. 4657); PER DIEM SENIOR NUTRITION PROGRAM DRIVER I (ITEM NO. 5074); AND PER DIEM MEAL PREPARER ASSISTANT (ITEM NO. 5519) CLASSIFICATIONS; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE CA-49) Proposed Agreement with Bakersfield Family Medical Center for the Employee Wellness Program for a five-year term through December 31, 2011, in the amount of $1.95 per eligible employee per month for the first three years, $2.05 per eligible employee per month for the fourth year, and $2.15 per eligible employee per month in the fifth year (Fiscal Impact: $174,000 FY ; Group Health Insurance Internal Service Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

15 Summary of Proceedings Page 24 CA-50) CA-51) Proposed contribution to Golden Hills Community Services District in the amount of $15,000 to assist in the costs of a special road assessment election (Fiscal Impact: $15,000; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO PAY Proposed contribution to City of Arvin in the amount of $1,900 for police bicycles and bicycle patrol equipment (Fiscal Impact: $1,900; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO PAY COUNTY ADMINISTRATIVE OFFICE General Services Division S.D. #1 CA-52) Identify apparent low bid from Stevens Construction, Inc., for minimum security holding cells at Lerdo, in an amount not to exceed $209,000 ( ACC) (Fiscal Impact: $209,000; General Fund; Budgeted; Discretionary) (from 12/5/2006) - WITHDRAWN S.D. #3 CA-53) CA-54) Change Order No. 1 for the International Airlines Terminal Remodel, an increase of $13,949, for a new total of $385,949 ( C) (Fiscal Impact: $13,949; Airport Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN Plans and specifications for International Airlines Terminal Customs and Border Protection Inspection Facility Physical Security System ( D) (Fiscal Impact: $329,460; Airport Enterprise Fund; 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; AUTHORIZED GENERAL SERVICES TO PUBLISH PURSUANT TO PUBLIC CONTRACT CODE SECTION 20125; BID OPENING TO BE THURSDAY, JANUARY 11, 2007, AT 11:00 A.M. S.D. #5 CA-55) CA-56) Proposed Amendment No. 1 to Agreement with John A. Martin & Associates, Inc., for the Central Receiving Underground Garage Beam & Slab Repair, to extend the contract expiration date from March 31, 2007 to June 30, 2007 ( ) (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT Reject bid submitted by Ladco Construction, Inc., in the amount of $118,934 and cancel project for Kern Medical Center Pediatric 4th Floor Remodel ( FF) (Fiscal Impact: None) - REJECTED BID; CANCELED PROJECT; AUTHORIZED GENERAL SERVICES TO RELEASE BID GUARANTEE

16 Summary of Proceedings Page 25 All S.D. s CA-57) Proposed Amendment No. 1 to Agreement with BSK & Associates for testing and inspection services for various projects, an increase of $15,000, for a new total of $35,000 (Various Projects) (Fiscal Impact: $15,000; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED PURCHASING AGENT TO SIGN MATTERS FOR EXECUTIVE APPROVAL CA-58) Budget Transfers - APPROVED NO. 054 THROUGH NO. 056 CA-59) Minutes for week of October 30, APPROVED WITH CORRECTION TO ITEM NO. 5 P.M. TO ADD RESOLUTION CA-60) Miscellaneous Letters and Documents - APPROVED CA-61) Claims and Lawsuits filed with and referred by Clerk of the Board - APPROVED AND FILED ADJOURNED TO TUESDAY, DECEMBER 19, 2006, AT 9:00 A.M. Rubio /s/ Tracey E. Cody Administrative Coordinator /s/ Barbara Patrick Chairman, Board of Supervisors AMERICANS WITH DISABILITIES ACT (Government Code Section ) The Board of Supervisors Chamber is accessible to persons with disabilities. Disabled individuals who need special assistance to attend or participate in a meeting of the Board of Supervisors may request assistance at the Clerk of the Board of Supervisors, Fifth Floor, 1115 Truxtun Avenue, Bakersfield, California or by calling (661) Every effort will be made to reasonably accommodate individuals with disabilities by making meeting material available in alternative formats. Requests for assistance should be made five (5) working days in advance of a meeting whenever possible.

17 Summary of Proceedings Page 26 60) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED Auditor-Controller-County Clerk A) Retirement Board Election November 21, 2006 Clerk of the Board B) from Linda Farris re resignation from the Workforce Investment Board (Copies to each Supervisor and CAO) C) Received, certified and transmitted to Recorder for recordation as follows: 1) Tract Map 6103 S.D. #4 2) Tract Map 6226 S.D. #2 3) Parcel Map S.D. #5 4) Parcel Map S.D. #1 Miscellaneous D) Letter from Joyce Vance in opposition to granting a Conditional Use Permit to allow an equestrian facility at 8008 Jetta Avenue, Lake Isabella (Copies to each Supervisor, CAO, Planning and County Counsel) E) Letter from Sedrick Mitchell, State Department of Parks and Recreation, re update on impact of recent elections on local recreation assistance and annual grant programs (Copies to each Supervisor, CAO and Parks) F) Letter from Jean Morgan in opposition to changing the name of Airport Drive to Merle Haggard Drive (Copies to each Supervisor, CAO, Planning and County Counsel) G) Sixteen (16) letters from Jerry L. England re request to re-open the transfer station located in Kernville on Wednesdays (Copies to each Supervisor, CAO, Waste Management and County Counsel) H) Letter from Michael A. Kaia, Young Wooldridge, in opposition to the appeal of Nadia Lane requesting an equestrian facility in Lake Isabella (Copies to each Supervisor, CAO, Planning and County Counsel) I ) Letter from Janet S. Cummings in opposition to a Conditional Use Permit to allow a dead animal transfer facility (Copies to each Supervisor, CAO, Planning and County Counsel) J) Letter from Dinneen Gerard-Larsen, The Kern County Foster Parent Association, Chapter 24, re donations and/or contributions for displaced children (Copies to each Supervisor and CAO) K) Letter from State Department of Toxic Substances Control re Gibson Environmental Public Involvement Study (Copies to each Supervisor, CAO and Environmental Health) L) Letter from Richard Kurtz, Megahertz Avionics, Inc., re proposed relocation of his hangar (Copies to each Supervisor and CAO) M) Nineteen (19) letters in opposition to proposed location of the State Vehicular Recreation Area (SVRA) north of Bakersfield (Copies to each Supervisor, CAO, Planning and County Counsel) N) Eleven (11) letters in opposition to proposed increase in Solid Waste Management fees (Copies to each Supervisor, CAO, Waste Management and County Counsel)

18 Summary of Proceedings Page 27 O) Notice from California Department of Corrections and Rehabilitation, Division of Juvenile Justice, re adoption of Sections , , , and and repeal of Sections and of Title 15, Division 4, Article 3 of the California Code of Regulations pertaining to force used by Correctional Peace Officers as an emergency action effective August 11, 2006 (Copies to each Supervisor, CAO, Sheriff, District Attorney and Probation) P) Agenda of meeting from Kern County Child Care Council on Wednesday, December 6, ) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY THE CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Robert W. Montgomery vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) B) Claim in the matter of Sammy Padilla vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) C) Claim in the matter of Victoria Mackey vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) D) Claim in the matter of Ramon Esparza vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) E) Summons and complaint in the matter of Colette Craan and Christian Dewey vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) F) Summons and complaint in the matter of Larry B. Moore vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) G) Notice of case closure in the matter of Isaiah Crompton vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management and Personnel)