SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN BOARD RECONVENED 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, September 23, :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]) NO ONE HEARD

2 Summary of Proceedings Page 11 CONTINUED GENERAL PLAN AMENDMENT HEARING RESOURCE MANAGEMENT AGENCY Planning Department 3) Request from Kansemento, LLC, by Cornerstone Engineering, Inc., to change the permitted uses from general commercial to residential to facilitate the construction of approximately 312 residential units on 80 acres located south of Willow Avenue, between 55th Street West and 50th Street West, Rosamond area (SD #2) (a) Amend the Willow Springs Specific Plan from Map Code(s) 6.2/4.4 to Map Code(s) 5.3/2.85/4.4 or a more restrictive map code designation (SPA #1, Map #231-26) (b) A change in zone classification from E (2-1/2) RS to R-1 FPS CL or a more restrictive district (ZCC #2, Map #231-26) (Negative Declaration; Published Rosamond Weekly) (from 4/1/2008; 5/27/2008; 7/29/2008; 8/26/2008) - OPENED HEARING; SABRINA BOWER; DR. DEBBIE BIGGERSTAFF; KASEY LAMB; AND DARRELL WHITTEN, REPRESENTING THE APPLICANT, HEARD; CLOSED HEARING; REFERRED BACK TO STAFF HEARINGS RESOURCE MANAGEMENT AGENCY Planning Department CA-4) Request from McGowan Services, LLC, to change the permitted uses from residential to industrial to allow expansion of existing oil field related business on approximately 25 acres of a 33-acre parcel located on the east side of Fruitvale Avenue, south of Gilmore Avenue, northwest Bakersfield (SD #3) A change in zone classification from E (5) RS to M-2 PD or a more restrictive district (ZCC #127, Map #102) (Special Situation, Section 15183; Published Bakersfield Californian) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED RESOLUTION AND ENACTED ORDINANCE G-7770 APPROVING ZONE CHANGE, AS REQUESTED

3 Summary of Proceedings Page 12 GENERAL PLAN AMENDMENT HEARINGS Amendment of the Land Use, Open Space and Conservation Element of Kern County General Plan, Metropolitan Bakersfield General Plan, Western Rosedale Specific Plan; Amend the Kern County Airport Land Use Compatibility Plan; Alteration of Agricultural Preserves 7 and 10; and other items as cited which include amendments of certain zoning maps and applications and proceedings RESOURCE MANAGEMENT AGENCY Planning Department CA-5) CA-6) Request from Airport Plaza Properties, Inc., by M.S. Walker and Associates, Inc., to reconfigure existing land use designations to provide a more logical shape for the proposed project on 19 acres located at the southeast corner of Airport Drive and Merle Haggard Drive, Bakersfield (SD #1) (a) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code(s) HMR to Map Code(s) MC, and from MC to HMR or more restrictive map code designations (GPA #12, Map #102-1) (b) A change in zone classification from R-2 PD H to C-2 PD H, and from C-2 PD H to R-2 PD H or a more restrictive districts (ZCC #36, Map #102-1) (General Rule, Section 15061(b)(3); Published Bakersfield Californian) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED RESOLUTIONS AND AND ENACTED ORDINANCE G-7771 APPROVING GENERAL PLAN AMENDMENT AND ZONE CHANGE Request from Gilbert Ayala to change the permitted uses from agricultural to commercial on 10 acres and to exclude said acreage from the boundaries of an agricultural preserve located at the northeast corner of Elmo Highway and Davis Avenue, Delano (SD #1) (a) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code(s) 8.1 and 8.1/2.5 to Map Code(s) 6.3 or a more restrictive map code designation (GPA #1, Map #33-1) (b) A change in zone classification from A and A-1 to CH or a more restrictive district (ZCC #3, Map #33-1) (c) Exclusion of approximately 20 acres from the boundaries of an Agricultural Preserve (Ag Pres #7 - Excl) (Special Situation, Section 15183; Published Delano Reporter) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED RESOLUTIONS , AND AND ENACTED ORDINANCE G-7772 APPROVING GENERAL PLAN AMENDMENT, AS REQUESTED; APPROVING THE MORE RESTRICTIVE CH PD (HIGHWAY COMMERCIAL-PRECISE DEVELOPMENT COMBINING) ZONE DISTRICT, AS RECOMMENDED BY STAFF; AND APPROVING EXCLUSION, AS REQUESTED

4 Summary of Proceedings Page 13 7) Request from Peter Cook to change the permitted uses from resource to residential and zoning from 2-1/2-acre residential to 5-acre residential on 37 acres located approximately 2/3 mile north of the intersection of Banducci Road and Highway 202, west of Tehachapi (SD #2) (a) Amend the Land Use Element of the Kern County General Plan from Map Code(s) 8.2/2.4 to Map Code(s) 5.7 or a more restrictive map code designation (GPA #2, Map #165-26) (b) A change in zone classification from E (2-1/2) RS to E (5) RS or a more restrictive district (ZCC #10, Map #165-26) (Negative Declaration; Published Tehachapi News) - OPENED HEARING; QUAN TRAN, REPRESENTING THE APPLICANT, HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED AMENDED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM TO INCLUDE ACCESS ROAD PAVING; ADOPTED RESOLUTIONS AND AND ENACTED ORDINANCE G-7773 APPROVING GENERAL PLAN AMENDMENT AND ZONE CHANGE, AS REQUESTED Maben-Maggard: All Ayes 8) Request from Arrendondo Ventures by Cornerstone Engineering, Inc., to change the permitted uses from agricultural to 10-acre residential and to exclude approximately 38 acres from the boundaries of an Agricultural Preserve, located on the north side of Brimhall Road, between Superior Road and Greeley Road, Rosedale area (SD #4) (a) Amend the Land Use Element of the Western Rosedale Specific Plan from Map Code(s) R-IA to Map Code(s) RR or a more restrictive map code designation (SPA #77, Map #101) (b) A change in zone classification from A to E (10) RS or a more restrictive district (ZCC #170, Map #101) (c) Exclusion of approximately 40 acres from the boundaries of an Agricultural Preserve (Ag Pres #10 - Excl) (Negative Declaration; Published Bakersfield Californian) - OPENED HEARING; DARRELL WHITTEN, REPRESENTING APPLICANT, AND JOSE ARRENDONDO, HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED RESOLUTION DISAPPROVING SPECIFIC PLAN AMENDMENT, ZONE CHANGE AND EXCLUSION; DISCUSSED ZONE VARIANCE AS THE PREFERRED METHOD TO MOVE PROJECT FORWARD Watson-Maggard: All Ayes NOTE: SUPERVISOR MCQUISTON LEFT THE DAIS DURING DISCUSSION ON ITEM NO. 9

5 Summary of Proceedings Page 14 9) Request from Jim and Susan Cox by Pinnacle Civil Engineering, Inc., to change the permitted uses from residential to industrial to facilitate the operation of a wholesale nursery on 6.64 acres located at and Lynn Christi Avenue, Rosedale area (SD #4) (a) Amend the Specific Plan Amendment from Map Code(s) ER to Map Code(s) LI or a more restrictive map code designation (GPA #13, Map #101-23) (b) A change in zone classification from A-1 to M-1 or a more restrictive district (ZCC #41, Map #101-23) (Categorically Exempt, Section 15303; Published Bakersfield Californian) - OPENED HEARING; LESLIE VOVILLA, REPRESENTING THE APPLICANT, HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED RESOLUTIONS AND AND ENACTED ORDINANCE G-7774 APPROVING GENERAL PLAN AMENDMENT TO LI AND ZONE CHANGE TO THE MORE RESTRICTIVE M-1 PD (LIGHT INDUSTRIAL - PRECISE DEVELOPMENT COMBINING) ON APPROXIMATELY 4.34 ACRES FRONTING ALLEN ROAD ONLY, AS RECOMMENDED BY STAFF Watson-Maben: 4 Ayes; 1 Absent - McQuiston NOTE: SUPERVISOR MCQUISTON RETURNED TO THE DAIS FOLLOWING THE VOTE ON ITEM NO. 9 CA-10) Request from Kenneth Kerr by David Rickels Consulting to change the permitted uses from agricultural to commercial and an exclusion of approximately 29 acres from the boundaries of an Agricultural Preserve located on the south side of Highway 119, approximately one mile west of Enos Lane, Bakersfield area (SD #4) (a) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code(s) 8.3 to Map Code(s) 6.3 or a more restrictive map code designation (GPA #8, Map #140) (b) A change in zone classification from A to M-1 PD or a more restrictive district (ZCC #14, Map #140) (c) Exclusion of approximately 29 acres from the boundaries of an Agricultural Preserve (Ag Pres #10 - Excl) (Negative Declaration; Published Daily Midway Driller) - CONTINUED TO TUESDAY, NOVEMBER 4, 2008, AT 2:00 P.M. NOTE: ITEM NOS. 11 THROUGH 13 WERE HEARD CONCURRENTLY 11) Request from Bakersfield 80, LLC (Site 1) by Sikand Engineering to change the permitted uses from agriculture to 1/4-acre residential on approximately 79 acres located at the southwest corner of the Palm Avenue and Nord Avenue intersection, Western Rosedale area (SD #4) (a) Amend the Western Rosedale Specific Plan from Map Code(s) R IA to Map Code(s) SR or a more restrictive map code designation (SPA #72, Map #101) (b) A change in zone classification from A-1 to E (1/4) or a more restrictive district (ZCC #164, Map #101) (Environmental Impact Report; Published Bakersfield Californian) - OPENED HEARING; HEARD IN SUPPORT: LARRY MOXLEY; JOHN SCHULER; DARRELL WHITTEN; DONNA CARPENTER, SIKAND (Continued on Page 15)

6 Summary of Proceedings Page 15 (Continued from Page 14) ENGINEERING; MIKE SOPER; ROGER MCINTOSH, MCINTOSH AND ASSOCIATES; VINCE PUGET; GREG WATTENBARGER; MARIE BATEY; AND BILL BONDEROV; HEARD IN OPPOSITION: ARTHUR UNGER, KERN-KAWEAH CHAPTER OF THE SIERRA CLUB; TERRI HOLDER; LARRY CANADAY; JENNIFER KELLER; RICHARD HARRIMAN, REPRESENTING RURAL ROSEDALE DEFENSE COALITION AND VALLEY ADVOCATES; JOHN RITCHIE, PARAMOUNT FARMING; AND MIKE GALVAN; CLOSED HEARING; CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT WITH AN ADDITIONAL MITIGATION MEASURE RELATING TO CLUSTER PLAN; ADOPTED REVISED SECTION FINDINGS; ADOPTED SECTION STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPTED REVISED MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTIONS AND AND ENACTED ORDINANCE G-7775 APPROVING SPECIFIC PLAN AMENDMENT, AND APPROVING ZONE CHANGE, AS REQUESTED, WITH ADDITION OF THE MORE RESTRICTIVE CL (CLUSTER COMBINING) ZONE DISTRICT, WITH ALL ZONING TO BECOME EFFECTIVE UPON RECORDATION OF A FINAL SUBDIVISION MAP; AND ADOPTING SUGGESTED FINDINGS Watson-Maben: All Ayes 12) Request from Dave Packer Construction, Inc. (Site 2) by Cornerstone Engineering, Inc., to change the permitted uses from agriculture to 1/4-acre residential on approximately 39 acres located at the northwest corner of the Palm Avenue and Nord Avenue intersection, Western Rosedale area (SD #4) (a) Amend the Western Rosedale Specific Plan from Map Code(s) R-IA to Map Code(s) SR or a more restrictive map code designation (SPA #73, Map #101) (b) A change in zone classification from A-1 to E (1/4) or a more restrictive district (ZCC #165, Map #101) (Environmental Impact Report; Published Bakersfield Californian) - OPENED HEARING; HEARD IN SUPPORT: LARRY MOXLEY; JOHN SCHULER; DARRELL WHITTEN; DONNA CARPENTER, SIKAND ENGINEERING; MIKE SOPER; ROGER MCINTOSH, MCINTOSH AND ASSOCIATES; VINCE PUGET; GREG WATTENBARGER; MARIE BATEY; AND BILL BONDEROV; HEARD IN OPPOSITION: ARTHUR UNGER, KERN-KAWEAH CHAPTER OF THE SIERRA CLUB; TERRI HOLDER; LARRY CANADAY; JENNIFER KELLER; RICHARD HARRIMAN, REPRESENTING RURAL ROSEDALE DEFENSE COALITION AND VALLEY ADVOCATES; JOHN RITCHIE, PARAMOUNT FARMING; AND MIKE GALVAN; CLOSED HEARING; CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT WITH AN ADDITIONAL MITIGATION MEASURE RELATING TO CLUSTER PLAN; ADOPTED REVISED SECTION FINDINGS; ADOPTED SECTION STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPTED REVISED MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTIONS AND AND ENACTED ORDINANCE G-7776 APPROVING SPECIFIC PLAN AMENDMENT, AND APPROVING ZONE CHANGE, AS REQUESTED, WITH ADDITION OF THE MORE RESTRICTIVE CL (CLUSTER COMBINING) ZONE DISTRICT, WITH ALL ZONING TO BECOME EFFECTIVE UPON RECORDATION OF A FINAL SUBDIVISION MAP; AND ADOPTING SUGGESTED FINDINGS Watson-Maben: All Ayes

7 Summary of Proceedings Page 16 13) Request from Soper Homes, Inc. (Site 3) by Porter and Associates, Inc., to change the permitted uses from agriculture to 1/4-acre residential on approximately 79 acres located at the northwest corner of the Brimhall Road and Driver Road intersection, Western Rosedale area (SD #4) (a) Amend the Western Rosedale Specific Plan from Map Code(s) R-IA to Map Code(s) SR or a more restrictive map code designation (SPA #59, Map #101) (b) A change in zone classification from A to E (1/4) or a more restrictive district (ZCC #148, Map #101) (c) Exclusion of approximately acres from the boundaries of an Agricultural Preserve (Ag Pres #10 - Excl) (Environmental Impact Report; Published Bakersfield Californian) - OPENED HEARING; HEARD IN SUPPORT: LARRY MOXLEY; JOHN SCHULER; DARRELL WHITTEN; DONNA CARPENTER, SIKAND ENGINEERING; MIKE SOPER; ROGER MCINTOSH, MCINTOSH AND ASSOCIATES; VINCE PUGET; GREG WATTENBARGER; MARIE BATEY; AND BILL BONDEROV; HEARD IN OPPOSITION: ARTHUR UNGER, KERN-KAWEAH CHAPTER OF THE SIERRA CLUB; TERRI HOLDER; LARRY CANADAY; JENNIFER KELLER; RICHARD HARRIMAN, REPRESENTING RURAL ROSEDALE DEFENSE COALITION AND VALLEY ADVOCATES; JOHN RITCHIE, PARAMOUNT FARMING; AND MIKE GALVAN; CLOSED HEARING; CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT WITH AN ADDITIONAL MITIGATION MEASURE RELATING TO CLUSTER PLAN; ADOPTED REVISED SECTION FINDINGS; ADOPTED SECTION STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPTED REVISED MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTIONS , AND AND ENACTED ORDINANCE G-7777 APPROVING SPECIFIC PLAN AMENDMENT, APPROVING EXCLUSION FROM THE AGRICULTURAL PRESERVE, AND APPROVING ZONE CHANGE, AS REQUESTED, WITH ADDITION OF THE MORE RESTRICTIVE CL (CLUSTER COMBINING) ZONE DISTRICT, WITH ALL ZONING TO BECOME EFFECTIVE UPON RECORDATION OF A FINAL SUBDIVISION MAP; AND ADOPTING SUGGESTED FINDINGS, PLUS A FINDING THAT EXCLUSION OF THE PROPERTY FROM THE BOUNDARY OF AGRICULTURAL PRESERVE NO. 10 IS CONSISTENT WITH ADOPTED BOARD POLICY THAT ONLY PROPERTY ZONED A (EXCLUSIVE AGRICULTURE) SHOULD BE INCLUDED WITHIN THE BOUNDARIES OF AN AGRICULTURAL PRESERVE Watson-Maben: All Ayes

8 Summary of Proceedings Page 17 CA-14) Request from City of Taft to amend the Airport Land Use Compatibility Plan with respect to Taft-Kern County Airport in order to eliminate Runway 3-21 and reduce the size of the airport s B-1 (Approach/Departure) Zone located at the southeast corner of Airport Road and Taft Highway (State Route 119), Taft (SD #4) Amend the Kern County Airport Land Use Compatibility Plan, Chapter 4 - Taft-Kern County Airport to remove Runway 3-21 and reclassify the existing western and northern portions of the B-1 (Approach/Departure Zone and Adjacent to Runway) Zone to the C (Common Traffic Pattern) Zone and the D (Other Airport Environs) Zone (ALUCP #5, Map #500) (General Rule, Section 15061(b)(3); Published Daily Midway Driller) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED RESOLUTION APPROVING AMENDMENT TO THE AIRPORT LAND USE COMPATIBILITY PLAN, AS RECOMMENDED BY STAFF DEPARTMENTAL REQUESTS RESOURCE MANAGEMENT AGENCY Planning Department Land Use S.D. #1 CA-15) Proposed rescission of a portion of an existing Williamson Act Land Use Contract and simultaneous approval of proposed Williamson Act Contract No with Wanda D. England and Walter and Ramona Price, for 2009 Calendar Year, south side of Poso Flat Road, north of Bakersfield, Agricultural Preserve No. 14, 322 acres (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; DIRECTED CLERK OF THE BOARD TO RECORD S.D. #4 CA-16) Proposed Williamson Act Land Use Contract No with Romanini Family Limited Partnership, a California Limited Partnership, for 2009 Calendar Year, south side of Stockdale Highway, west of Dairy Road, Bakersfield area, Agricultural Preserve No. 9, 158 acres (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; DIRECTED CLERK OF THE BOARD TO RECORD Miscellaneous All S.D. s 17) Response to referral of February 27, 2007, regarding stakeholder meetings seeking recommendations on process improvement and increased technical review in the Kern County Airport Land Use Compatibility Plan (ALUCP) (Fiscal Impact: None) - RECEIVED AND FILED; REFERRED TO COUNTY ADMINISTRATIVE OFFICE, COUNTY COUNSEL, PLANNING AND AIRPORTS DEPARTMENTS TO BRING BACK RECOMMENDATIONS ON CREATING A SPECIAL DISTRICT OR AUTHORITY SPECIFIC TO MEADOWS FIELD AIRPORT FOR THE PURPOSE OF PROVIDING A STABLE FUNDING SOURCE AND TO FACILITATE LAND USE COMPATIBILITY PLANNING McQuiston-Maggard: All Ayes

9 Summary of Proceedings Page 18 RESOURCE MANAGEMENT AGENCY Animal Control Department All S.D. s CA-18) Request for authorization to pay veterinary services for spay/neuter program vouchers upon department head approval (Fiscal Impact: $50,000; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO MAKE PAYMENT RESOURCE MANAGEMENT AGENCY Engineering and Survey Services S.D. #4 CA-19) CA-20) Request for release of Faithful Performance Security for street, water and sewer guarantee period, Parcel Map 10714, Allen Road north of Rosedale Highway, Joseph Maniaci (Fiscal Impact: None) - APPROVED; RELEASED 10% FAITHFUL PERFORMANCE BOND NO. S507208, IN THE AMOUNT OF $61,509, UNDERWRITTEN BY FINANCIAL PACIFIC INSURANCE COMPANY Request for Release of Faithful Performance Security for street, water and sewer one-year guarantee period, Tract 6335, west side of Lassen Drive, 660 feet north of Rosedale Highway, western Rosedale area, Bakersfield Lassen, LLC (Fiscal Impact: None) - APPROVED; RELEASED FAITHFUL PERFORMANCE LETTER OF CREDIT NO , IN THE AMOUNT OF $75,761, ISSUED BY TRI COUNTIES BANK RESOURCE MANAGEMENT AGENCY Roads Department S.D. #2 CA-21) Proposed Contract No with Maverick Asphalt, Inc., for construction on Sierra Highway from Avenue A to Rosamond Boulevard, Rosamond, in an amount not to exceed $757, (Fiscal Impact: $757,289.64; Federal Regional Surface Transportation Program, Road Funds; Budgeted; Discretionary) (from 9/9/2008) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT S.D. #3 CA-22) Contract No , Notice of Completion with Griffith Company for construction on Norris Road from State Route 99 to Manor Street, Bakersfield (Fiscal Impact: None) - RECEIVED AND FILED CA-23) Proposed no parking zone on the north side of Roberts Lane beginning thirty (30) feet west of the west gutter line extension of Sanford Drive, thence westerly for a distance of nine hundred forty (940) feet, Bakersfield (Fiscal Impact: None) - APPROVED; REFERRED TO COUNTY COUNSEL FOR PREPARATION OF ORDINANCE

10 Summary of Proceedings Page 19 S.D. #4 CA-24) CA-25) Proposed 20-minute parking zone, between the hours of 9:00 A.M. and 5:00 P.M., except Saturday and Sunday, along the west side of Harrison Street, beginning 52 feet north of the northwest curb return with Birch Street, thence northerly a distance of twenty-two (22) feet, Taft (Fiscal Impact: None) - APPROVED; REFERRED TO COUNTY COUNSEL FOR PREPARATION OF ORDINANCE Proposed Contract No with Victory Engineers, Inc., for construction on Frazier Mountain Park Road at Cuddy Creek Bridge, in an amount not to exceed $126,830 (Fiscal Impact: $126,830; Proposition 1B Funds; Budgeted; Discretionary) (from 9/16/2008) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT S.D. s #1, #3 & #5 CA-26) Proposed Contract No with Granite Construction Company for construction on Edison Highway from State Route 184 to Towerline Road and Comanche Drive from Edison Highway to State Route 178, Bakersfield, in an amount not to exceed $1,448,844 (Fiscal Impact: $1,448,844; Federal Congestion Mitigation and Air Quality Program Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT S.D. s #3 & #5 CA-27) Proposed Contract No with A/C Materials, Inc., for construction on Niles Street from Virginia Street to State Route 184, Bakersfield, in an amount not to exceed $1,773, (Fiscal Impact: $1,773,310.42; Federal Regional Surface Transportation Program, Road Funds; Budgeted; Discretionary) (from 9/9/2008) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT WASTE MANAGEMENT Hearing All S.D. s 28) Public Hearing to consider the proposed Resolution approving the Annual Review of Garbage Franchises report and CPI rate increase of 3.3% for refuse services for non-tax roll billed accounts and recycling rates for Calendar Year 2009, effective January 1, 2009 (Fiscal Impact: None) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15061(b)(3); DIRECTED CLERK OF THE BOARD TO FILE NOTICE OF EXEMPTION; ADOPTED RESOLUTION Maggard-Maben: All Ayes

11 Summary of Proceedings Page 20 COUNTY ADMINISTRATIVE OFFICE CA-29) Proposed Agreement with Kern County Museum Authority for Fiscal Year funding support, in the amount of $595,350 (Fiscal Impact: $595,350; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-30) Proposed Agreement with Court Appointed Special Advocates of Kern County for Fiscal Year funding support, in the amount of $135,000 (Fiscal Impact: $135,000; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-31) Response to referral of August 26, 2008, regarding California Recreation Resource Advisory Committee fee program hearings (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE; RECEIVED AND FILED CA-32) Proposed Memorandum of Understanding with City of Ridgecrest for transfer of property tax entitlement for specified annexation types for a term of 20 years (Fiscal Impact: Unknown) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-33) Proposed rescission of Resolution and proposed adoption of revised Resolution for transfer of property tax entitlement related to Fairhaven Fire Protection District dissolution, Local Agency Formation Commission (LAFCO) Proceeding No (Fiscal Impact: FY $47,192; General Fund; Discretionary) - APPROVED; ADOPTED RESOLUTION Legislative Matter CA-34) AB 2494 regarding Workforce Housing-Related Parks Program (Fiscal Impact: None) - ADOPTED POSITION OF SUPPORT; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE

12 Summary of Proceedings Page 21 COUNTY ADMINISTRATIVE OFFICE General Services Division Hearing S.D. #4 CA-35) Proposed purchase of acres of land from the Gerald M. and Jo Ann Wells Living Trust for the Kern County Fire Department at the southeast corner of Highway 58 and Hart Flat freeway exit (portions of APN and ) (Fiscal Impact: $368,000; State Fire Trust Fund; Not Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15061(b)(3); AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTION AS APPROPRIATE; ADOPTED RESOLUTION ; AUTHORIZED CHAIRMAN TO SIGN SALE ESCROW INSTRUCTIONS AND ACCEPT GRANT DEED; DIRECTED AUDITOR-CONTROLLER-COUNTY CLERK TO ISSUE A WARRANT TO TICOR TITLE COMPANY OF CALIFORNIA IN THE AMOUNT OF $364, S.D. #1 CA-36) CA-37) Change Order No. 2 for the remodel at the Ridgecrest Hazardous Waste Collection Facility, an increase of $12,329, for a new total of $359,238, and to allow for additional time ( ) (Fiscal Impact: $12,329; Solid Waste Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN Request for emergency project to replace the septic system at the Kern River Valley Animal Shelter, in an amount not to exceed $20,000 (Fiscal Impact: $20,000; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED ASSISTANT COUNTY ADMINISTRATIVE OFFICER FOR GENERAL SERVICES TO ISSUE NECESSARY PURCHASE ORDERS IN AN AMOUNT NOT TO EXCEED $20,000; ADOPTED RESOLUTION ; AUTHORIZED ASSISTANT COUNTY ADMINISTRATIVE OFFICER FOR GENERAL SERVICES TO WAIVE ADVERTISING AND BIDDING PROCEDURES PURSUANT TO PUBLIC CONTRACT CODE SECTION 20134; APPROVED BUDGET TRANSFER S.D. #3 CA-38) Proposed approval of retroactive Price Agreement 782A with Otis Elevator for preventative maintenance services for the elevators and escalators installed at the William M. Thomas Terminal, from July 1, 2008 through June 30, 2011 (Fiscal Impact: $43,200; Airports Enterprise Fund; Budgeted; Discretionary) - APPROVED

13 Summary of Proceedings Page 22 All S.D. s CA-39) Request authorization to negotiate and sign a contract for services agreement over $100,000, with AT&T Data Comm, for maintenance of the County s Nortel network equipment, in an amount not to exceed $247,189 (Fiscal Impact: $247,189; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED PURCHASING AGENT TO APPROVE AND SIGN AGREEMENT CA-40) Proposed Amendment No. 1 to Agreement with Lifesigns, Inc., for sign language interpretive services, to increase the hourly rates charged and to revise each incident of service to a two-hour minimum per interpreter (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT MATTERS FOR EXECUTIVE APPROVAL CA-41) Budget Transfers - APPROVED NOS. 016 AND 017 CA-42) CA-43) CA-44) Minutes for week of August 18, APPROVED WITH CORRECTION TO AUGUST 19, 2008, ITEM NO. 12 P.M., ADOPTING RESOLUTIONS THROUGH (NOT ) CONFIRMING BOUNDARIES OF EACH OF THE 20 (NOT 24) AGRICULTURAL PRESERVES 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 ADJOURNED TO TUESDAY, SEPTEMBER 30, 2008, AT 9:00 A.M. Watson /s/ Kathleen Krause Clerk of the Board /s/ Michael J. Rubio Chairman, Board of Supervisors

14 Summary of Proceedings Page 23 43) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED Animal Control A) Eleven (11) thank you letters re donations to help homeless animals (Copies to each Supervisor and CAO) Clerk of the Board B) Vacancy notice for West Side Cemetery District Board due to death of Mitchell R. Byers (Copies to each Supervisor and CAO) C) from Cindy Coe re vacancies on the Behavioral Health Board due to expiring term limits of Percy Robinson and Vikki Del Pellegrino (Copies to each Supervisor, CAO and Mental Health) County Administrative Office D) Revisions to Administrative Policy and Procedures Manual amending Chapter 13 to reflect current organizational structure of County Administrative Office Employers Training Resource E) Workforce Investment Act On-the-Job Training Agreements: 1) Flying J. Inc. dba Big West Oil of California, LLC; WIA Title 201, dated August 25, ) Flying J. Inc. dba Big West Oil of California, LLC, WIA Title 675/201, dated August 25, ) Park & Company, Inc. dba J. Alexander Company, WIA Title 201, dated September 3, ) Xtech Industries, Inc., WIA Title 167/501, dated September 3, 2008 Local Agency Formation Commission F) Resolution No , Proceeding No. 1534, in the matter of County Service Area No. 100, Formation (Copies to each Supervisor, CAO and Resource Management Agency) G) Resolution No , Proceeding No. 1554, in the matter of City of Bakersfield, Annexation No. 585 and Kern Sanitation Authority, Detachment B (Wilson No. 5) (Copies to each Supervisor, CAO and Resource Management Agency) H) Resolution No , Proceeding No. 1535, in the matter of Semitropic Water Storage District, Annexation No. 1 (Copies to each Supervisor, CAO and Resource Management Agency) I) Resolution No , Proceeding No. 1538, in the matter of County Service Area No. 11, Annexation No. 5 (Copies to each Supervisor, CAO and Resource Management Agency) Planning J) Recorded Grant of Avigation Easement from Gene Roberson to Meadows Field Airport, APN (Document No )

15 Summary of Proceedings Page 24 Roads K) Recorded Irrevocable Offer of Dedication from 7200 DiGiorgio Road, LP, for additional right-of-way on DiGiorgio Road between Rose Street and Lowe Street, Lamont (Document No ) L) Recorded Irrevocable Offer of Dedication from Niles Sterling, LLC, for additional right-of-way at the northeast corner of Niles Street and Sterling Road (Document No ) Miscellaneous M) Letter from John A. Ritchie, Paramount Land Company, in opposition to Western Rosedale Specific Plan Case No. 59, Map No. 101, by Soper Homes (Copies to each Supervisor, CAO, Planning and County Counsel) N) Letter from D. E. Leach, California Highway Patrol, re hazardous materials incident report on Thursday, August 28, 2008, west bound State Route 58, west of Sand Canyon Road (Copies to each Supervisor, CAO, Environmental Health and Fire Haz-Mat) O) Letter from Doyle Green, California Highway Patrol, re hazardous materials incident report on Tuesday, September 2, 2008, on State Route 46, west of Bitter Water Valley Road (Copies to each Supervisor, CAO, Planning and County Counsel) P) Letter from Joel Davies, Fleet Card Fuels, in support of Big West s proposed expansion (Copies to each Supervisor, CAO, Planning and County Counsel) Q) Letter from Governor Arnold Schwarzenegger re water bond he and Senator Dianne Feinstein proposed in July (Copies to each Supervisor, CAO, Resource Management Agency and County Counsel) R) Letter from Georgianne Turner, California Integrated Waste Management Board, re removal of the Lokern Farm Composting Facility, Facility No. 15- AA-0337, from the Inventory of Solid Waste Facilities which violate minimum standards (Copies to each Supervisor, CAO, Environmental Health and County Counsel) S) Letter from Brian Leahy, State Department of Conservation, Division of Land Resource Protection, re Kern Community College District and acquisition of land enrolled in Williamson Act Contracts (APN s , -04, -07 and -08) (Copies to each Supervisor, CAO, Planning, Resource Management Agency, Assessor-Recorder and County Counsel) T) Notice of Trustee s Sale from Quality Loan Service Corporation re property of Jose Martin Carrillo and Julia Carrillo located at 5802 Gary Place, Bakersfield (Copy to Property Management) U) Notice from Davis Wright Tremaine re reply of Assemblyman Martin Garrick and the Chambers of Commerce of Carlsbad, Encinitas, Escondido, San Marcos, Oceanside and Vista to Responses to Petition for Modification of Decision re Application of the North American Numbering Plan Administrator, on behalf of the California Telecommunications Industry, for Relief of the 760 Numbering Plan Area (Copies to each Supervisor and CAO)

16 Summary of Proceedings Page 25 V) Notice from Davis Wright Tremaine re late-filed notice of ex parte telephone conversation with Commissioner Simon by Assemblyman Martin Garrick on August 29, 2008, re Application of the North American Numbering Plan Administrator, on behalf of the California Telecommunications Industry, for Relief of the 760 Numbering Plan Area (Copies to each Supervisor and CAO) W) Notice from Davis Wright Tremaine re ex parte telephone conversations with Commissioner Bohn and President Peevey by Assemblyman Martin Garrick on September 2, 2008, re Application of the North American Numbering Plan Administrator, on behalf of the California Telecommunications Industry, for Relief of the 760 Numbering Plan Area (Copies to each Supervisor and CAO) X) Notice from Davis Wright Tremaine re ex parte communication by Assemblyman Martin Garrick and the Chambers of Commerce of Carlsbad, Encinitas, Escondido, San Marcos, Oceanside and Vista on September 9, 2008, re Application of the North American Numbering Plan Administrator, on behalf of the California Telecommunications Industry, for Relief of the 760 Numbering Plan Area (Copies to each Supervisor and CAO) Y) Certificate of Service from Davis Wright, Tremaine re Application of the North American Numbering Plan Administrator, on behalf of the California Telecommunications Industry, for Relief of the 760 Numbering Plan Area (Copies to each Supervisor and CAO) Z) from Merv Rash in opposition to proposed zoning changes by Soper Homes (Copies to each Supervisor, CAO, Planning and County Counsel) AA) from Trucker Clark re Mayor s Gang Prevention Task Force, Technical Team Meeting in San Jose (Copies to each Supervisor and CAO) BB) Agenda 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 William R. Blanton, Jr., Federal Emergency Management Agency (FEMA), re Letters of Map Change (LOMC s) previously issued by Department of Homeland Security s FEMA revising the National Flood Insurance Program (NFIP) map dated September 26, REFERRED TO ENGINEERING & SURVEY SERVICES (Copies to each Supervisor, CAO and County Counsel) B) Letter from Francisco Martinez re complaints about his neighbors - REFERRED TO SHERIFF, ANIMAL CONTROL AND DISTRICT FIVE (Copies to each Supervisor and CAO) 45) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY THE CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Mark Newton vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) B) Claim in the matter of Richard A. Bell vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

17 Summary of Proceedings Page 26 C) Claim in the matter of Dedra Stoudemire vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) D) Claim in the matter of Andy Vivas vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) E) Claim in the matter of Martha Lopez vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) F) Claim in the matter of Bonnie Murray vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) G) Summons and complaint in the matter of Darren Hailey vs. Kern County, et al - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)