SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, May 29, 2012 2:00 P.M. Note: Members of the Board of Supervisors may have an interest in certain contracts that the Board considers where the member holds a position on a non-profit corporation that supports the functions of the County. Supervisors are assigned to these positions as part of annual committee assignments by the Chairman of the Board. These interests include, with the Supervisor holding the position, the following: California State Association of Counties (Supervisors McQuiston and Maggard); Community Action Partnership of Kern (Supervisor Maggard); Kern County Network for Children (Supervisor Goh); Kern Economic Development Corporation (Supervisors Maggard, Watson, and Scrivner); Southern California Water Committee (Supervisors Watson and Maggard); and Tobacco Funding Corporation, Kern County (Supervisors Maggard and Watson). BOARD RECONVENED Supervisors: McQuiston, Scrivner, Maggard, Watson, Goh 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 REPORT ON ACTIONS TAKEN IN CLOSED SESSION ON TUESDAY, MAY 29, 2012, AT 9:00 A.M. - Item No. 40 concerning a request for Closed Session regarding conference with designated labor negotiators, County Administrative Officer, John Nilon, and designated staff - Employee organizations: Kern County Probation Officers Association, Kern Law Enforcement Association, Service Employees International Union (SEIU) Local 521-Extra Help, Union of American Physicians and Dentists (Government Code Section 54957.6) - NOT HEARD Item No. 41 concerning a request for Closed Session regarding conference concerning negotiations with the Kern County Superintendent of Schools for 931 Belle Terrace and 1100 Ming Avenue, Bakersfield; with real property negotiators John Nilon, County Administrative Officer, or his designee, grant authority to the negotiators on price and conditions of a lease agreement (Government Code Section 54956.8) - NO REPORTABLE ACTION TAKEN
Summary of Proceedings Page 11 Item No. 42 concerning a request for Closed Session regarding public employee appointment/employment and performance evaluation - Title: Agricultural Commissioner/County Sealer of Weights and Measures (Government Code Section 54957(b)(1)) - BY A 4-0 VOTE, THE BOARD REAPPOINTED RUBEN ARROYO TO THE POSITION OF AGRICULTURAL COMMISSIONER/COUNTY SEALER OF WEIGHTS AND MEASURES FOR A FOUR-YEAR TERM, EFFECTIVE MARCH 8, 2012 THROUGH MARCH 7, 2016, PURSUANT TO FOOD AND AGRICULTURAL CODE SECTIONS 2121 AND 2122 SUPERVISOR McQUISTON WAS NOT PRESENT FOR THIS ITEM AND DID NOT VOTE Item No. 43 concerning a request for Closed Session regarding public employee appointment/employment and performance evaluation - Title: County Counsel (Government Code Section 54957(b)(1)) - BY A 4-0 VOTE, THE BOARD REAPPOINTED THERESA A. GOLDNER TO THE POSITION OF COUNTY COUNSEL FOR A FOUR-YEAR TERM, EFFECTIVE APRIL 13, 2013 THROUGH APRIL 12, 2017, PURSUANT TO GOVERNMENT CODE SECTIONS 27640 AND 27641 SUPERVISOR McQUISTON WAS NOT PRESENT FOR THIS ITEM AND DID NOT VOTE Item No. 44 concerning a request for Closed Session regarding public employee interviews - Title: Director of Animal Control (Government Code Section 54957) (from 5/22/2012) - BY A 4-0 VOTE, CONTINUED TO IMMEDIATELY FOLLOW 2:00 P.M. SESSION (See Item No. 26) SUPERVISOR McQUISTON WAS NOT PRESENT FOR THIS ITEM AND DID NOT VOTE 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 AND SPELL YOUR NAME BEFORE MAKING YOUR PRESENTATION. THANK YOU! DAVID ABOSSI AND PHIL GANONG HEARD CONCERNING MEASURE G RELATED TO MEDICAL MARIJUANA DISPENSARY LOCATION 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]) SUPERVISOR MAGGARD HEARD REGARDING THE CONDITION OF BANK-OWNED RESIDENTIAL PROPERTY AT 1018 GLADE STREET, BAKERSFIELD; REFERRED TO COUNTY COUNSEL AND ENGINEERING, SURVEYING AND PERMIT SERVICES DEPARTMENT TO BRING BACK OPTIONS WITH POLICY RECOMMENDATIONS FOR REQUIREMENTS TO MAINTAIN AND SECURE BANK-OWNED PROPERTIES Maggard-Goh: All Ayes
Summary of Proceedings Page 12 HEARINGS DEVELOPMENT SERVICES AGENCY Planning and Community Development Department CA-3) CA-4) Request from enxco Development Corporation to change various permitted uses to exclusive agriculture with floodplain combining on 23 acres located approximately two miles west of the intersection of Backus Road and Tehachapi-Willow Springs Road in eastern Kern County (S.D. #2) Specific Request: A change in zone classification from PL RS FPS to A FP on 23 acres within Section 26 of T10N, R14W, SBB&M (ZCC #10, Map #215) (Previously certified Environmental Impact Report; Published Rosamond Weekly News) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED SECTION 15091 FINDINGS AND SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPTED MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTION 2012-127 AND ENACTED ORDINANCE G-8287 APPROVING ZONE CHANGE AS REQUESTED; APPROVED MEMORANDUM OF UNDERSTANDING/AGREEMENT AND AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 328-2012 Request from Thomas Clowers to change permitted uses to mediumdensity residential and allow a four-foot side-yard setback on 6,062 square feet located at 712 Washington Avenue, Bakersfield (S.D. #3) Specific Request: (a) A change in zone classification from R-1 or a more restrictive district (b) (ZCC #47, Map #102-12) A Zone Modification to allow a side-yard setback of four feet, where five feet is the minimum (Section 19.20.050.B), in a R-2 District (MOD #14, Map #102-12) (Categorically Exempt, Section 15303 and General Rule, Section 15061(b)(3); Published Bakersfield Californian) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED RESOLUTION 2012-128 AND ENACTED ORDINANCES G-8288 AND G-8289 RESOLUTIONS 2012-128A AND 2012-128B AND ENACTED ORDINANCE G-8288 APPROVING ZONE CHANGE TO R-2 (MEDIUM-DENSITY RESIDENTIAL) DISTRICT, AS REQUESTED; APPROVED ZONE MODIFICATION SUBJECT TO CONDITIONS, AS REQUESTED CORRECTION PER SUMMARY OF AUGUST 7, 2012, ITEM NO. 34 P.M. DEPARTMENTAL REQUESTS DEVELOPMENT SERVICES AGENCY Planning and Community Development Department S.D. #2 CA-5) Request for letter of appreciation to Federal Aviation Administration (FAA) Western-Pacific Region for assistance on wind turbine lighting issues (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN LETTER OF APPRECIATION
Summary of Proceedings Page 13 DEVELOPMENT SERVICES AGENCY Engineering, Surveying and Permit Services Department Hearings S.D. #2 CA-6) Protest hearing on proposed confirmation of costs incurred for nuisance abatement work located at 10570 Farlin Street, Mojave, APN 429-133-176 (Fiscal Impact: $1,552; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; RECEIVED AND FILED REPORT; ADOPTED RESOLUTION 2012-129 CONFIRMING COSTS INCURRED BY COUNTY FOR WORK PERFORMED TO ABATE PUBLIC NUISANCE ON SUBJECT PROPERTY; ORDERED ANY COSTS, IF NOT PAID WITHIN TEN (10) DAYS, BE A LIEN AGAINST SUBJECT PROPERTY AND CONSTITUTE A SPECIAL ASSESSMENT TO BE PLACED ON TAX ROLL BY AUDITOR AND TO BE COLLECTED IN SAME MANNER AND SUBJECT TO SAME PENALTIES AS ORDINARY COUNTY TAXES ON REAL PROPERTY FROM WHICH NUISANCE WAS ABATED; DIRECTED ENGINEERING, SURVEYING AND PERMIT SERVICES DEPARTMENT TO MAIL NOTICE OF BOARD ACTION TO SUBJECT PROPERTY OWNERS S.D. #3 CA-7) CA-8) Protest hearing on proposed confirmation of costs incurred for nuisance abatement work located at 333 Airport Drive, Bakersfield, APN 114-193- 352 (Fiscal Impact: $2,072.80; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; RECEIVED AND FILED REPORT; ADOPTED RESOLUTION 2012-130 CONFIRMING COSTS INCURRED BY COUNTY FOR WORK PERFORMED TO ABATE PUBLIC NUISANCE ON SUBJECT PROPERTY; ORDERED ANY COSTS, IF NOT PAID WITHIN TEN (10) DAYS, BE A LIEN AGAINST SUBJECT PROPERTY AND CONSTITUTE A SPECIAL ASSESSMENT TO BE PLACED ON TAX ROLL BY AUDITOR AND TO BE COLLECTED IN SAME MANNER AND SUBJECT TO SAME PENALTIES AS ORDINARY COUNTY TAXES ON REAL PROPERTY FROM WHICH NUISANCE WAS ABATED; DIRECTED ENGINEERING, SURVEYING AND PERMIT SERVICES DEPARTMENT TO MAIL NOTICE OF BOARD ACTION TO SUBJECT PROPERTY OWNERS Protest hearing on proposed confirmation of costs incurred for nuisance abatement work located at 507 El Tejon Avenue, Bakersfield, APN 113-076-095 (Fiscal Impact: $1,813.80; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; RECEIVED AND FILED REPORT; ADOPTED RESOLUTION 2012-131 CONFIRMING COSTS INCURRED BY COUNTY FOR WORK PERFORMED TO ABATE PUBLIC NUISANCE ON SUBJECT PROPERTY; ORDERED ANY COSTS, IF NOT PAID WITHIN TEN (10) DAYS, BE A LIEN AGAINST SUBJECT PROPERTY AND CONSTITUTE A SPECIAL ASSESSMENT TO BE PLACED ON TAX ROLL BY AUDITOR AND TO BE COLLECTED IN SAME MANNER AND SUBJECT TO SAME PENALTIES AS ORDINARY COUNTY TAXES ON REAL PROPERTY FROM WHICH NUISANCE WAS ABATED; DIRECTED ENGINEERING, SURVEYING AND PERMIT SERVICES DEPARTMENT TO MAIL NOTICE OF BOARD ACTION TO SUBJECT PROPERTY OWNERS
Summary of Proceedings Page 14 CA-9) Protest hearing on proposed confirmation of administrative penalty and costs incurred for nuisance abatement work located at 508 Willow Drive, Bakersfield, APN 115-110-249 (Fiscal Impact: $1,972.40; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; RECEIVED AND FILED REPORT; ADOPTED RESOLUTION 2012-132 CONFIRMING ADMINISTRATIVE PENALTY AND COSTS INCURRED BY COUNTY FOR WORK PERFORMED TO ABATE PUBLIC NUISANCE ON SUBJECT PROPERTY; ORDERED ANY COSTS, IF NOT PAID WITHIN TEN (10) DAYS, BE A LIEN AGAINST SUBJECT PROPERTY AND CONSTITUTE A SPECIAL ASSESSMENT TO BE PLACED ON TAX ROLL BY AUDITOR AND TO BE COLLECTED IN SAME MANNER AND SUBJECT TO SAME PENALTIES AS ORDINARY COUNTY TAXES ON REAL PROPERTY FROM WHICH NUISANCE WAS ABATED; DIRECTED ENGINEERING, SURVEYING AND PERMIT SERVICES DEPARTMENT TO MAIL NOTICE OF BOARD ACTION TO SUBJECT PROPERTY OWNER DEVELOPMENT SERVICES AGENCY Roads Department S.D. #1 CA-10) Contract No. 11009, Notice of Completion with Granite Construction Company for construction on Pasadena Lane emergency bridge at Borel Canal (Fiscal Impact: None) - RECEIVED AND FILED S.D. #5 CA-11) CA-12) Contract No. 12005, identify apparent low, responsible and responsive bid of Southhill Contracting Corporation for construction on Fairfax Road from Redbank Road to Brundage Lane, in an amount not to exceed $664,566.50 (Fiscal Impact: $664,566.50; County COP Transportation Bond Fund; Budgeted; Discretionary) - IDENTIFIED APPARENT LOW BID; AUTHORIZED ROADS TO PREPARE CONTRACT DOCUMENTS AND RELEASE ALL OTHER BID GUARANTEES Proposed establishment of a 50-mile-per-hour speed limit on Panama Lane between State Route 184 and 420 feet west of Southern Pacific Railroad crossing, a distance of 3,115 feet (Fiscal Impact: None) - APPROVED; REFERRED TO COUNTY COUNSEL FOR PREPARATION OF ORDINANCE WASTE MANAGEMENT S.D. #3 CA-13) Proposed Contract No. 12015 with Bowman Asphalt, Inc., for Metro- Bakersfield Special Waste Facility parking lot reconstruction, in an amount not to exceed $84,881.75 (Fiscal Impact: $84,881.75; Solid Waste Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 329-2012
Summary of Proceedings Page 15 All S.D.s CA-14) Proposed deletion of two (2) Full-time Waste Management Aide I/II/III positions in Budget Unit 8999, effective May 30, 2012 (Fiscal Impact: None) - APPROVED; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE COUNTY ADMINISTRATIVE OFFICE CA-15) Transfer of property tax entitlement related to City of Bakersfield Annexation No. 624, LAFCO Proceeding No. 1637 (Fiscal Impact: FY 2013-2014 $839 General Fund, $781 Fire Fund; Discretionary) - APPROVED; ADOPTED RESOLUTION 2012-133 Legislative Matter CA-16) Proposed State Budget transfer of Off Highway Vehicle local assistance funds to backfill State Parks budget (Fiscal Impact: None) - ADOPTED POSITION IN OPPOSITION; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE COUNTY ADMINISTRATIVE OFFICE General Services Division Hearing S.D. #2 CA-17) Proposed purchase of 13.89 acres of improved land from Tehachapi Unified School District to consolidate various Fire Department functions, in an amount not to exceed $504,000, APN 224-130-03 (Fiscal Impact: $504,000; State Fire Trust Fund 24043, Budget Unit 2422; Not Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING THAT NO ADDITIONAL CEQA ANALYSIS IS REQUIRED PURSUANT TO SECTION 15061(b)(3) OF STATE CEQA GUIDELINES; AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTION AS APPROPRIATE; ADOPTED RESOLUTION 2012-134; AUTHORIZED CHAIRMAN TO EXECUTE ESCROW INSTRUCTIONS AND ACCEPT GRANT DEED; DIRECTED AUDITOR-CONTROLLER TO ISSUE WARRANT PAYABLE TO TICOR TITLE COMPANY OF CALIFORNIA IN THE AMOUNT OF $504,000 FROM BUDGET UNIT 1960 S.D. #4 CA-18) Request for approval of Declaration of Use Restriction on Kern County Library, Frazier Park Branch, to satisfy requirements for reimbursement of funds by State of California for construction of library (Fiscal Impact: None) - 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; DIRECTED CLERK OF THE BOARD TO RECORD
Summary of Proceedings Page 16 CA-19) CA-20) CA-21) All S.D.s Report on issuance of Request for Information (RFI) to provide fuel and oil additives for County of Kern s vehicle and equipment fleet (Fiscal Impact: None) - RECEIVED AND FILED Proposed approval of mid-year capital asset acquisition of a one-and-a-half ton aerial hoist truck for replacement of General Services aerial truck, in an amount not to exceed $123,000; and request to appropriate unanticipated revenue in the amount of $123,000 from charges to Budget Unit 1610 for purchase of capital asset (Fiscal Impact: $123,000 Garage Internal Service Fund; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS Request to appropriate unanticipated revenue in the amount of $103,000 to General Services, Budget Unit 1610 from reimbursement of postage and maintenance fees, and Federal Emergency Management Agency/California Emergency Management Agency reimbursement for 2010 Winter Storm Event (Fiscal Impact: $103,000; General Fund; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS MATTERS FOR EXECUTIVE APPROVAL CA-22) Budget Transfers - APPROVED NOS. 227 THROUGH 242 CA-23) CA-24) Minutes for week of March 19, 2012 - APPROVED Miscellaneous Letters and Documents - FILED CA-25) Claims and Lawsuits filed with and Referred by Clerk of the Board - APPROVED AND FILED ADJOURNED TO CLOSED SESSION Watson
Summary of Proceedings Page 17 CLOSED SESSION (If public reporting is required by Government Code Section 54957.1 relating to the following matter(s), the public reporting of any action taken in closed session will be made at the beginning of the next session of the Board of Supervisors.) COUNTY ADMINISTRATIVE OFFICE 26) Request for Closed Session regarding public employee interviews - Title: Director of Animal Control (Government Code Section 54957) (from 5/22/2012 and 5/29/2012, 9:00 A.M. Session, Item No. 44) SEE RESULTS OF CLOSED SESSION AT BEGINNING OF WEDNESDAY, MAY 30, 2012 MEETING RECONVENED FROM CLOSED SESSION; ADJOURNED TO WEDNESDAY, MAY 30, 2012, AT 10:00 A.M., AT RIDGECREST CITY COUNCIL CHAMBERS Watson-Maggard /s/ Kathleen Krause Clerk of the Board /s/ Zack Scrivner Chairman, Board of Supervisors
Summary of Proceedings Page 18 24) MISCELLANEOUS LETTERS AND DOCUMENTS FILED Clerk of the Board A) Letter from Laurie Weir re her resignation from the Animal Control Commission (Copies to each Supervisor, CAO and Public Health-Animal Control) Grand Jury B) 2011-2012 Grand Jury Final Report re Kern County Civil Service Commission (Copies to each Supervisor, CAO and Personnel) C) 2011-2012 Grand Jury Final Report re Kern County Treasurer-Tax Collector s Office - Tax Delinquencies (Copies to each Supervisor, CAO and Treasurer-Tax Collector) Planning and Community Development D) Letter from Lorelei H. Oviatt, Director of Planning and Community Development, re Measure G and requirements for property owner consent for permit (Copies to each Supervisor, CAO and County Counsel) Miscellaneous E) Letter from Mark Fulmer, Kern County Superintendent of Schools, re trustee elections in Sierra Sands Unified School District (Copies to CAO, Elections and County Counsel) F) One (1) letter representing one (1) parcel from Greg and Kathy McDermott in opposition to proposed fee increase on garbage collection services, Metro Bakersfield (Copies to each Supervisor, CAO, Waste Management and County Counsel) G) E-mail from Donna Jackson re Board of Supervisors discretionary funds (Copies to each Supervisor, CAO and County Counsel) H) Notice from Southern California Gas Company re proposed rate increase (Copies to General Services and County Counsel) I) Notice from State Department of Alcoholic Beverage Control re application for alcoholic beverage license from: Valley Market, 3007 Virginia Avenue, Bakersfield (Copies to Planning and Community Development and Environmental Health Services) J) Minutes of Behavioral Health Board meeting on April 23, 2012 25) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Jane B. Brooks vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) B) Claim in the matter of Cynthia L. Castanon vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) C) Claim in the matter of Christine D. Donaldson vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
Summary of Proceedings Page 19 D) Claim in the matter of Christina N. Gasca vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) E) Claim in the matter of Craig Haramia vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) F) Claim in the matter of Sue Heiser vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) G) Claim in the matter of Cherie Morris vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) H) Claim in the matter of Suzana S. Radka vs. County of Kern (1992 Chevrolet Suburban) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) I) Claim in the matter of Suzana S. Radka vs. County of Kern (2005 Hyundai Accent) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) J) Claim in the matter of David M. Thomey vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) K) Revised claim in the matter of Anthony JohnT Duarte vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) L) Notice of Charge of Discrimination in the matter of Tracey L. Wright vs. County of Kern et al. - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) M) Plaintiff s Claim and Order to go to Small Claims Court in the matter of William Smith vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) N) Plaintiff s First Demand for Production of Writings and Tangible Things in the matter of Frank J. Bellino vs. County of Kern et al. - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) O) Two (2) claims in the matter of Maria I. Melendrez vs. County of Kern et al. - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) ###