SUMMARY OF PROCEEDINGS

SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN BOARD RECONVENED 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, September 9, 2008 2:00 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. 54954.2[a]) NO ONE HEARD NOTE: ITEM NO. 19 WAS HEARD FOLLOWING ITEM NO. 2

Summary of Proceedings Page 13 HEARINGS Planning Department CA-3) Request from Kern County Roads Department to vacate a portion of the old Calloway Drive alignment where it crosses the Santa Fe Railroad track, north of Brimhall Road, south of Rosedale Highway, Bakersfield (SD #3) Specific Request: Nonsummary vacation of a portion of the old Calloway Drive alignment where it crosses the Santa Fe Railroad track, north of Brimhall Road (102-30 3 098 Streets and Highways) (General Rule, Section 15061(b)(3); Published Bakersfield Californian) - PER PLANNING DEPARTMENT RECOMMENDATION, REFERRED BACK TO STAFF DEPARTMENTAL REQUESTS Animal Control Department All S.D. s CA-4) Request for approval of overtime pay related to the public emergency known as the "Piute Fire & Flash Flood Event" (Fiscal Impact: $363.65; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR- CONTROLLER-COUNTY CLERK TO MAKE PAYMENT Community and Economic Development Department S.D. #5 CA-5) Proposed Amendment No. 1 to Agreement 1007-2007 with the Fairfax School District to provide additional Community Development Block Grant funds for Virginia Avenue School Improvements, CD No. 5.07.1, in the amount of $28,811, for a new total not to exceed $238,811 (Fiscal Impact: $28,811; Federal Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 826-2008 Engineering and Survey Services S.D. #1 CA-6) Request to set public hearing to consider levying assessments with an escalation clause for Zone of Benefit Nos. 3 and 5 within County Service Area No. 71; and proposed Resolution of Intention to extend Zone of Benefit Nos. 3 and 5 within County Service Area No. 71, Parcel Map 11589, west Bakersfield located north of Seventh Standard Road and east of Enos Lane (Fiscal Impact: $550; CSA s; Budgeted; Mandated) - APPROVED; MADE FINDING ACTION IS STATUTORILY EXEMPT FROM CEQA PURSUANT TO SECTION 15061(B)(3) AND SECTION 15273 OF THE STATE CEQA GUIDELINES; SET PUBLIC HEARING FOR TUESDAY, OCTOBER 28, 2008, AT 2:00 P.M., TO RECEIVE PUBLIC COMMENT AND TABULATE BALLOTS; DIRECTED ENGINEERING & SURVEY SERVICES TO MAIL NOTICES AND BALLOTS, ALONG WITH (Continued on Page 14)

Summary of Proceedings Page 14 (Continued from Page 13) AN ENGINEER S REPORT, TO THE 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 2008-354 OF INTENTION TO EXTEND ZONE OF BENEFIT NOS. 3 AND 5 AND SET HEARING TO CONSIDER LEVYING ASSESSMENTS AND ESTABLISHING THE FORMULA FOR SETTING AN ASSESSMENT FOR FUTURE YEARS IN ZONE OF BENEFIT NOS. 3 AND 5 WITHIN COUNTY SERVICE AREA NO. 71, PARCEL MAP 11589 S.D. #4 CA-7) Proposed Agreement with Adavco, Inc., for Tract No. 6391, sewer reimbursement, in an amount not to exceed $13,060 (Fiscal Impact: $13,060; CSA No. 71; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 827-2008 All S.D. s CA-8) Annual recertification in the Community Rating System (CRS) Program of the National Flood Insurance Program (NFIP) (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN CA-9) Federal Emergency Management Agency s (FEMA) Map Modernization Program Digital Flood Insurance Rate Maps (Fiscal Impact: None) - RECEIVED AND FILED Roads Department NOTE: ITEM NOS. 10 AND 12 WERE HEARD CONCURRENTLY S.D. #2 10) Proposed Contract No. 08021 with Maverick Asphalt, Inc., for construction on Sierra Highway from Avenue A to Rosamond Boulevard, Rosamond, in an amount not to exceed $757,289.64 (Fiscal Impact: $757,289.64; Federal Regional Surface Transportation Program, Road Funds; Budgeted; Discretionary) - CONTINUED TO TUESDAY, SEPTEMBER 23, 2008, AT 2:00 P.M. S.D. #4 CA-11) Proposed no parking zone on the east side of Heath Road beginning at the northeast curb return with Rosedale Highway, northerly for a distance of fifty (50) feet, Bakersfield (Fiscal Impact: None) - APPROVED; REFERRED TO COUNTY COUNSEL FOR PREPARATION OF ORDINANCE

Summary of Proceedings Page 15 S.D. s #3 & #5 12) Proposed Contract No. 08010 with A/C Materials, Inc., for construction on Niles Street from Virginia Street to State Route 184, Bakersfield, in an amount not to exceed $1,773,310.42 (Fiscal Impact: $1,773,310.42; Federal Regional Surface Transportation Program, Road Funds; Budgeted; Discretionary) - CONTINUED TO TUESDAY, SEPTEMBER 23, 2008, AT 2:00 P.M. All S.D. s 13) Project list update and plans for the Job Order Contract for road maintenance/repair (Fiscal Impact: None) - WITHDRAWN 14) Proposed Reimbursement Agreement with the City of Bakersfield for Transportation Model Update, in an amount not to exceed $40,000 (Fiscal Impact: $40,000; Road Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 828-2008 Watson-Maben: All Ayes WASTE MANAGEMENT S.D. s #1 & #2 CA-15) Proposed Landfill Gas Purchase Agreement with Bena Power Producers, LLC, for a 20-year term with two additional 5-year options and related Site Lease Agreement and Consent to Assignment (Fiscal Impact: Unknown Revenue to County) - APPROVED; ADOPTED RESOLUTION 2008-355 CERTIFYING THE BAKERSFIELD METROPOLITAN (BENA) SANITARY LANDFILL - LANDFILL GAS (LFG) TO ENERGY PROJECT 2008 ENVIRONMENTAL IMPACT REPORT (EIR) ADDENDUM TO THE 1987 FINAL EIR AND THE 2000 FINAL SUPPLEMENTAL EIR; AND ADOPTION OF SECTION 15091 FINDINGS AND SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS FROM THE 1987 FEIR AND 2000 SUPPLEMENTAL EIR; AUTHORIZED CHAIRMAN TO SIGN AGREEMENTS 829-2008, 830-2008 AND 831-2008 COUNTY ADMINISTRATIVE OFFICE CA-16) CA-17) Proposed Agreement with Bakersfield Museum of Art for contribution in the amount of $45,000 (Fiscal Impact: $45,000; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 832-2008 Transfer of property tax entitlement related to City of Tehachapi Annexation No. 79, Local Agency Formation Commission (LAFCO) Proceeding No. 1561 (Fiscal Impact: FY 2009-2010 $2,005; General Fund; Discretionary) - APPROVED; ADOPTED RESOLUTION 2008-356

Summary of Proceedings Page 16 18) Proposed Master Equipment Lease/Purchase Agreement with Koch Financial Corporation for purchase of Sheriff s helicopter and Fire Department s fixed wing aircraft, in the amount of $6,479,000 (Fiscal Impact: $6,479,000; $803,000 Annually, General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENTS 833-2008 AND 834-2008 NOTE: ITEM NO. 19 WAS HEARD FOLLOWING ITEM NO. 2 19) Proposed Employer Participation Agreement with Nationwide Retirement Services for the Post Employment Health Plan for Collectively Bargained Public Employees for classifications represented by the Kern County Fire Fighters Union (KCFFU), proposed Amendment No. 4 to Memorandum of Understanding (Agreement 190-2007) with KCFFU providing for the Post Employment Health Plan, and proposed Resolution authorizing the County to adopt the Post Employment Health Plan on behalf of members of KCFFU (Fiscal Impact: County Savings Dependent Upon Number of Retirements and Related Sick Leave Balances) - ALLEN MONTES, VICE PRESIDENT, KERN COUNTY FIRE FIGHTERS UNION, HEARD; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENTS 835-2008 AND 836-2008 AND RELATED FORMS; ADOPTED RESOLUTION 2008-357; AUTHORIZED COUNTY ADMINISTRATIVE OFFICER AND AUDITOR-CONTROLLER-COUNTY CLERK TO IMPLEMENT Watson-Maben: All Ayes COUNTY ADMINISTRATIVE OFFICE General Services Division S.D. #3 CA-20) Proposed Escrow Agreement with Black Hall Construction, Inc., for the Audiovisual/Low Voltage System at the new Emergency Operations Center, in the amount of 10% of total construction contract amount (1960.8271.06D) (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 837-2008 CA-21) Change Order No. 5 for the new Emergency Operations Center, an increase of $18,292, for a new total of $2,534,719 (1960.8271.06) (Fiscal Impact: $18,292; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN S.D. #5 CA-22) Proposed Agreement with Tim and Debbie Frazure, dba Frazure s Bella Café, for Food Service Concession in the County Administrative Center, from October 15, 2008 through October 14, 2012, with a minimum monthly rental fee of $200 per month plus a percentage of net income (Fiscal Impact: $2,400 Revenue; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 838-2008

Summary of Proceedings Page 17 All S.D. s CA-23) Proposed addition of one (1) Buyer I/II/III and deletion of one (1) Office Services Assistant position, both in Budget Unit 1610, effective September 9, 2008 (Fiscal Impact: $4,892; General Fund; Not Budgeted; Discretionary) - APPROVED; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE MATTERS FOR EXECUTIVE APPROVAL CA-24) Budget Transfers - APPROVED NOS. 007 THROUGH 012 CA-25) CA-26) Minutes for week of July 21, 2008 - APPROVED Miscellaneous Letters and Documents - APPROVED CA-27) Claims and Lawsuits filed with and referred by Clerk of the Board - APPROVED AND FILED ADJOURNED TO TUESDAY, SEPTEMBER 16, 2008, AT 9:00 A.M. Watson /s/ Kathleen Krause Clerk of the Board /s/ Michael J. Rubio Chairman, Board of Supervisors

Summary of Proceedings Page 18 26) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED Clerk of the Board A) E-mail from Larry Rhoades re resignations of Esther Brandon and Mary Camille Barlow from Children and Families Commission (First 5 Kern) (Copies to each Supervisor, CAO and First 5 Kern) B) Received, certified and transmitted to Recorder for recordation as follows: 1) Parcel Map 11438 S.D. #2 Engineering & Survey Services C) Response to referral to Jerry Davis re drainage programs to control flooding in the Rosamond area (Copies to each Supervisor, CAO, Planning and County Counsel) General Services D) Acceptance of Franchise from Edmundson Acres Mutual Water Company in compliance with Franchise Ordinance F-507 E) Acceptance of Franchise from Alta Sierra Mutual Water Company in compliance with Franchise Ordinance F-508 and notice of $1,000 Time Certificate of Deposit No. 887909690 from Wells Fargo Bank on file with Property Management Miscellaneous F) Letter from Karma Hackney, Governor s Office of Emergency Services, re granting of Secretarial disaster designation for the County of Kern and the contiguous counties of Inyo, Kings, Los Angeles, San Bernardino, San Luis Obispo, Santa Barbara, Tulare and Ventura concerning drought beginning October 15, 2007, and continuing (Copies to each Supervisor, CAO, County Counsel and Agricultural Commissioner) G) Letter from Karma Hackney, Governor s Office of Emergency Services, re granting of Secretarial disaster designation for the County of Kings and the contiguous counties of Fresno, Kern, Monterey, San Luis Obispo and Tulare concerning a drought beginning October 1, 2007, and continuing (Copies to each Supervisor, CAO, County Counsel and Agricultural Commissioner) H) Letter from Sheri Tiemann, State Fish and Game Commission, re proposed regulatory action relating to Morro Bay State Marine Recreational Management Area, Elkhorn Slough State Marine Reserve, and Dana Point State Marine Park (Copies to each Supervisor, CAO, Parks and County Counsel) I) Letter from J. R. Odom, California Highway Patrol, re Hazardous Materials Incident Report on Thursday, August 14, 2008, on north bound I-5, north of California Aqueduct Service Road (Copies to each Supervisor, CAO, Fire Haz-Mat and Environmental Health) J) Letter from Alice Silverthorn, Verizon Wireless, re new cell site Hwy 65 & Hwy 155, 35901 Garces Highway, Delano (APN 051-101-42) (Copies to each Supervisor, CAO and General Services)

Summary of Proceedings Page 19 K) Letter from Salvador Partida, Committee for a Better Arvin, re ensuring Grimmway Enterprises compliance with the law where it moves (Copies to each Supervisor, CAO, Planning and County Counsel) L) Letter from Greg Garrett, City of Tehachapi, to Governor Arnold Schwarzenegger in opposition to the taking of redevelopment funds to balance the State budget (Copies to each Supervisor and CAO) M) Letter from Dennis Fox re background information for decline of wildlife in the Bitter Creek area (Copies to each Supervisor, CAO and Planning) N) Notice from Public Utilities Commission 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) O) Notice from Davis Wright Tremaine, LLP, for Grant of Request for Ex Parte Telephone Conversation with Commissioner Simon by Assemblyman Martin Garrick 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) P) Notices from State Department of Alcoholic Beverage Control re applications for alcoholic beverage licenses from: Old River Monte Carlo, 9750 Taft Highway, Bakersfield; Magoo s Pizza, 1129 Olive Drive, Suites A & B, Bakersfield; Mercado y Carniceria Mexico & Coffee Shop, 1440 Weedpatch Highway, Suites A-C, Bakersfield and Sam s Market, 8712 Paradise Road, Lamont (Copies to each Supervisor, CAO, Planning and Environmental Health) Q) Notice from State Department of Water Resources re workshop on water conservation (20X2020 Agency Team) on Monday, September 15, 2008 (Copies to each Supervisor, CAO, Resource Management Agency and County Counsel) R) Agenda of meeting from California Regional Water Quality Control Board on Wednesday, September 10, 2008 S) Agenda of meeting from Kern County Child Care Council on Wednesday, September 3, 2008 T) Minutes of meeting from Kern County Child Care Council on Wednesday, August 6, 2008 27) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY THE CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Saul Boyman vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) B) Claim in the matter of Cruco Foods, Inc. vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) C) Claim in the matter of Patricia McKee vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) D) Claim in the matter of Breanne Nicholson vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

Summary of Proceedings Page 20 E) Claim in the matter of Carolyn S. Gaiski vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) F) Summons and complaint in the matter of Allied Building Products Corp. vs. Kern County, et al - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)