SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, October 10, 2006 2:00 P.M. BOARD RECONVENED Supervisors: McQuiston, Maben, Patrick, Watson, Rubio ROLL CALL: All Present CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: ALL ITEMS LISTED WITH AN ASTERISK (*) OR A NUMBER SIGN (#) 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 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. 54954.2[a]) - NO ONE HEARD
Summary of Proceedings Page 12 HEARINGS Planning Department *3) Request from Joe Bugni and the Trustees of the Jimmy R. Bugni Family Trust by Porter-Robertson Engineering and Surveying, Inc., to cancel 3.84 acres of contracted land within Agricultural Preserve No. 10, located on the east side of Wible Road, south of Curnow Road, south of Bakersfield (SD #2) Specific Request: Cancellation of a 3.84-acre portion of a 75-acre parcel of contracted land within Agricultural Preserve No. 10 (Cancellation #06-2) (General Rule, Section 15061(b)(3); Published Bakersfield Californian) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED RESOLUTION 2006-410 APPROVING CANCELLATION SUBJECT TO PAYMENT OF PENALTY FEE; DIRECTED CLERK OF THE BOARD TO ISSUE A TENTATIVE CERTIFICATE OF CANCELLATION AND ISSUE A CERTIFICATE OF CANCELLATION SUBJECT TO PAYMENT OF PENALTY FEE AND COMPLIANCE WITH ALL OTHER CONDITIONS CONTAINED IN THE TENTATIVE CERTIFICATE OF CANCELLATION DEPARTMENTAL REQUESTS Planning Department Streets and Highways *4) Request from Kern County Roads Department for a Summary Vacation of excess right-of-way resulting from reconstruction and realignment of Red Apple Avenue and Reeves Street, Tehachapi, Map No. 166-19 (Fiscal Impact: None) - ADOPTED RESOLUTION 2006-411 APPROVING SUMMARY VACATION AS REQUESTED, EXCEPTING AND RESERVING AN EASEMENT FOR EXISTING UTILITIES Land Use *5) Proposed Notice of Nonrenewal Petition No. 06-49 of Grand Bakersfield LLC by McIntosh and Associates for approximately 450 acres within Agricultural Preserve No. 10 (Fiscal Impact: None) - DIRECTED CLERK OF THE BOARD TO RECORD S.D. #4 *6) Proposed Notice of Nonrenewal Petition No. 06-51 of Thomson Family Properties by Jack Thomson for approximately 75 acres within Agricultural Preserve No. 9 (Fiscal Impact: None) - DIRECTED CLERK OF THE BOARD TO RECORD
Summary of Proceedings Page 13 Engineering and Survey Services Hearing 7) Proposed Resolution ordering the extension of Zone of Benefit Nos. 1, 2, 3 and 5 in County Service Area No. 63 and establishing assessments for Zone of Benefit Nos. 1, 2, 3 and 5 in County Service Area No. 63, determining to adopt and accept an Ordinance enacting assessments for the area included within the boundary extended herein, Tract 6231, north of Rosamond Boulevard and west of 15th Street West, Rosamond (Fiscal Impact: $34,720; 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-7450 ESTABLISHING ASSESSMENTS; ADOPTED RESOLUTION 2006-412 CONFIRMING ENGINEERING & SURVEY SERVICES DEPARTMENT DIRECTOR'S REPORT AND APPROVING ANNUAL ASSESSMENT NOT TO EXCEED $50 PER PARCEL FOR DRAINAGE FACILITIES MAINTENANCE; $5 PER PARCEL FOR WALL MAINTENANCE; $25 PER PARCEL FOR STREET SWEEPING - RESIDENTIAL; $75 PER PARCEL FOR PARK AND RECREATION CENTER FACILITIES OPERATION AND 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 NOS. 1, 2, 3 AND 5 WITHIN COUNTY SERVICE AREA NO. 63 Maben-Watson: All Ayes Roads Department S.D. #4 *8) Contract No. 06033, Notice of Completion of Maverick Asphalt, Inc., for construction of an asphalt concrete apron at Taft Airport (Fiscal Impact: None) - RECEIVED AND FILED S.D. #5 *9) Proposed 153-foot no-parking zone along the east side of Chamberlain Avenue south of Edison Highway, Bakersfield (Fiscal Impact: None) - APPROVED; REFERRED TO COUNTY COUNSEL FOR PREPARATION OF ORDINANCE COUNTY ADMINISTRATIVE OFFICE *10) Proposed Agreement with Bakersfield Symphony Orchestra for Fiscal Year 2006-2007 funding support, in the amount of $116,000 (Fiscal Impact: $116,000; Budgeted; Discretionary) (from 10/3/2006) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 975-2006
Summary of Proceedings Page 14 COUNTY ADMINISTRATIVE OFFICE General Services Division *11) Proposed Agreement with Chimo Land Company for grazing livestock on portions of the Bena Landfill (County land), from October 10, 2006 through June 10, 2015 (Fiscal Impact: $675 Revenue Annually; Solid Waste 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 AGREEMENT 976-2006 NOTE: AGENDA ITEMS NO. 12 AND NO. 15 WERE HEARD CONCURRENTLY S.D. #4 12) Report on status of Frazier Mountain Park Library Project (Fiscal Impact: None) - RECEIVED AND FILED Watson-McQuiston: All Ayes S.D. s #1, #4 & #5 *13) Proposed Agreement with Air Cleaning Systems, Inc., for the Fire Station Diesel Exhaust Evacuation Phase II, in an amount not to exceed $179,568 (2415.8153.05B) (Fiscal Impact: $179,568; Aid to Fire Fighters Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 977-2006 All S.D. s *14) Proposed Agreement with I Con Construction Company for the Job Order Contract Phase VIII, in an amount not to exceed $500,000 (Various Projects) (Fiscal Impact: $500,000; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 978-2006 15) Report on County owned Unreinforced Masonry Buildings (URM) (Fiscal Impact: None) - RECEIVED AND FILED REPORT; REFERRED TO BUDGET FILE; REFERRED TO THE COUNTY ADMINISTRATIVE OFFICE AND GENERAL SERVICES TO REPORT BACK ON QUANTIFYING THE RISK ON BUILDINGS BEING USED BY THE PUBLIC OR COUNTY EMPLOYEES AND ANALYZE REPLACEMENT VERSUS REPAIR OF THOSE BUILDINGS Watson-McQuiston: All Ayes 16) Report on proposed County Emergency Operations Center (Fiscal Impact: None) - RECEIVED AND FILED REPORT; DIRECTED GENERAL SERVICES TO PROCEED WITH A SINGLE STORY EMERGENCY OPERATIONS CENTER Rubio-Maben: All Ayes
Summary of Proceedings Page 15 MATTERS FOR EXECUTIVE APPROVAL *17) Budget Transfers - APPROVED NO. 020 *18) Minutes for week of September 11, 2006 - APPROVED *19) Miscellaneous Letters and Documents - APPROVED *20) Miscellaneous Departmental Referrals by Clerk of the Board - APPROVED AND FILED *21) Claims and Lawsuits filed with and referred by Clerk of the Board - APPROVED AND FILED ADJOURNED TO TUESDAY, OCTOBER 17, 2006, AT 9:00 A.M. Watson /s/ Denise Pennell Clerk of the Board /s/ Barbara Patrick Chairman, Board of Supervisors AMERICANS WITH DISABILITIES ACT (Government Code Section 54953.2) 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) 868-3585. 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.
Summary of Proceedings Page 16 19) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED Clerk of the Board A) Letter from Patrick J. Collins re resignation from the Workforce Investment Board (Copies to each Supervisor and CAO) Local Agency Formation Commission B) Resolution 06-27, Proceeding No. 1449, in the matter of City of Bakersfield, Annexation No. 506 (Copies to each Supervisor, CAO and Resource Management Agency) Resource Management Agency C) Three (3) thank you letters for donations to Animal Control Roads D) Recorded Easement Deed from The Gideon W. and Erna R. Goehring Living Trust for additional right-of-way for planned improvements on Seventh Standard Road at Airport Drive (Document No. 0206219954) E) Recorded Easement Deed from Donald P. Chandler and Mary M. Chandler for additional right-of-way for planned improvements on Seventh Standard Road at Airport Drive (Document No. 0206219953) Miscellaneous F) Letter from Senator Roy Ashburn re consideration of changes in state law related to multidisciplinary review teams to assist County in reviewing cases of child neglect and abuse during next year's legislative session (Copies to each Supervisor, CAO and Human Services) G) E-mail from Florence Dunagan re comparison of free and/or low-cost spay/neuter programs within California counties (Copies to each Supervisor, CAO and Resource Management Agency-Animal Control) H) Annual Report for 2005-2006 from Kern County Law Library (Copies to each Supervisor and CAO) I) Minutes of meeting on Thursday, July 6, 2006, from Kern County Commission on Aging 20) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Letter from Terry Roberts, Governor's Office of Planning and Research, State Clearinghouse and Planning Unit, re draft Environmental Impact Report or Negative Declaration for Specific Plan Amendment Case No. 13, Map 232; Specific Plan Amendment Case No. 2, Map No. 233; Alteration of Boundaries of Agricultural Preserve No. 24 - REFERRED TO PLANNING (Copies to each Supervisor, CAO and County Counsel)
Summary of Proceedings Page 17 21) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY THE CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Brian Thomas Carr vs. Kern County - B) Claim in the matter of Maria Leticia Mejia vs. Kern County - C) Claim in the matter of Ramiro Mejia vs. Kern County - D) Claim in the matter of Marcos Puente vs. Kern County - E) Claim in the matter of Charles Curlee vs. Kern County - F) Claim in the matter of Jose Luis Penaloza vs. Kern County - G) Claim and Order to Small Claims Court in the matter of Robert Custer and James Custer vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) H) Re-stated claim in the matter of Lynda Martin, Tanaj Fritz, Jessica Fritz and Ariane Fritz vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) I) Subrogation claim in the matter of Steven Duke and Rebecca Duke by Safeco Property & Casualty Insurance Company vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) J) Summons and complaint in the matter of Contra Costa Electric, Inc. vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) K) Summons and complaint in the matter of Kitt Samuel vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) L) Summons and complaint in the matter of Colette Craan and Christian Dewey vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) M) Amended complaint in the matter of Colette Craan and Christian Dewey vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)