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SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, May 27, 2008 2:00 P.M. BOARD RECONVENED 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 ADJOURNED AS BOARD OF SUPERVISORS; RECONVENED AS KERN SANITATION AUTHORITY Maben-Watson: All Ayes KERN SANITATION AUTHORITY 1) Hearing Public Hearing to consider proposed Ordinance establishing sewer service charges for Fiscal Year 2008-2009 (an increase of $4.68 per equivalent single-family dwelling), proposed Resolution approving a written report of sewer service charges, and proposed Ordinance to collect Fiscal Year 2008-2009 sewer service charges on the Property Tax Rolls (Fiscal Impact: $2,266,200 Revenue; Kern Sanitation Authority; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER PUBLIC RESOURCES CODE SECTION 21080(b)(8) AND SECTION 15273 OF STATE CEQA GUIDELINES; DIRECTED CLERK OF THE BOARD TO FILE NOTICE OF EXEMPTION; ADOPTED RESOLUTION 2008-174; ENACTED ORDINANCES S-145 AND S-146 Maben-Watson: All Ayes ADJOURNED AS KERN SANITATION AUTHORITY; RECONVENED AS BOARD OF SUPERVISORS Maben-Watson: All Ayes NOTE: ITEM NOS. 45 THROUGH 48 WERE HEARD CONCURRENTLY FOLLOWING ITEM NO. 1

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Page 1: BOARD OF SUPERVISORS - COUNTY OF KERNkern.granicus.com/DocumentViewer.php?file=23b168a70ace713c01… · wide public access easement known as Payne Way located at 10001 Caliente Creek

SUMMARY OF PROCEEDINGS

BOARD OF SUPERVISORS - COUNTY OF KERN

1115 Truxtun Avenue Bakersfield, California

Regular Meeting

Tuesday, May 27, 2008

2:00 P.M.

BOARD RECONVENED

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 andSupervisor 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

ADJOURNED AS BOARD OF SUPERVISORS; RECONVENED AS KERNSANITATION AUTHORITY

Maben-Watson: All Ayes

KERN SANITATION AUTHORITY

1) Hearing Public Hearing to consider proposed Ordinance establishing sewer service charges for Fiscal Year 2008-2009 (an increase of $4.68 per equivalent single-family dwelling), proposed Resolution approving a written report of sewer service charges, and proposed Ordinance to collect Fiscal Year 2008-2009 sewer service charges on the Property Tax Rolls (FiscalImpact: $2,266,200 Revenue; Kern Sanitation Authority; Budgeted;Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER PUBLIC RESOURCES CODE SECTION 21080(b)(8) AND SECTION15273 OF STATE CEQA GUIDELINES; DIRECTED CLERK OF THEBOARD TO FILE NOTICE OF EXEMPTION; ADOPTED RESOLUTION2008-174; ENACTED ORDINANCES S-145 AND S-146

Maben-Watson: All Ayes

ADJOURNED AS KERN SANITATION AUTHORITY; RECONVENED ASBOARD OF SUPERVISORS

Maben-Watson: All Ayes

NOTE: ITEM NOS. 45 THROUGH 48 WERE HEARD CONCURRENTLY FOLLOWING ITEM NO. 1

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Summary of Proceedings Page 16 Board of Supervisors - Regular Meeting – 2:00 P.M. 5/27/2008

PUBLIC PRESENTATIONS

2) 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. Boardmembers may respond briefly to statements made or questions posed.They may ask a question for clarification, make a referral to staff for factualinformation 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 ofbusiness on a future agenda. SPEAKERS ARE LIMITED TO THREEMINUTES. PLEASE STATE AND SPELL YOUR NAME BEFORE MAKINGYOUR PRESENTATION. THANK YOU! MARTHA ANTONGIOVANNI HEARD CONCERNING MANDATORYSPAY AND NEUTER ORDINANCE; RECEIVED AND FILED

Maben-Watson: All Ayes BILL CHADICK, BIG WEST REFINERY, BRIEFED THE BOARD ON THE

CHEMICAL LEAK OF ANHYDROUS AMMONIA THAT OCCURRED MAY 18, 2008, AT THE BAKERSFIELD SITE AND RESPONDED TO BOARDMEMBER QUESTIONS

BOARD MEMBER ANNOUNCEMENTS OR REPORTS

3) On their own initiative, Board members may make an announcement or areport 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 ofbusiness on a future agenda (Gov. Code Sec. 54954.2[a]) SUPERVISOR MABEN ANNOUNCED THE COUNTY’S RECEIPT OF$25,000 IN ADMINISTRATIVE PENALTIES ASSESSED TO WESTERNLAND AND FARMING AND MISSION FIBER GROUP RELATED TOILLEGAL DUMPING SOUTH OF MOJAVE

CONTINUED HEARINGS

RESOURCE MANAGEMENT AGENCY Planning Department

4) Request from Taft Corporation to change the permitted uses fromestate 20 acres to estate - 1/4 acre on 40.63 acres located approximately 1/8 mile south of Springer Avenue and 1/4 mile east ofDowns Street, south of Ridgecrest (SD #1) Specific Request: (a) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code(s) 5.6 and 5.6/2.5 to Map Code(s) 5.4 or a more restrictive map code designation (GPA #2, Map #71) (b) A change in zone classification from E (20) to E (1/4) or a more restrictive district (ZCC #6, Map #71) (Negative Declaration; Published Daily Independent) (from 4/1/2008; 5/6/2008) - CONTINUED TO TUESDAY, JUNE 10, 2008, AT 2:00 P.M.

McQuiston-Maben: All Ayes

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Summary of Proceedings Page 17 Board of Supervisors - Regular Meeting – 2:00 P.M. 5/27/2008

CA-5) Request from Kansemento, LLC, by Cornerstone Engineering, Inc., tochange the permitted uses from general commercial to residential to facilitate the construction of approximately 312 residential units on 80acres located south of Willow Avenue, between 55th Street West and50th Street West, Rosamond area (SD #2) Specific Request: (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) -PER PLANNING DEPARTMENT RECOMMENDATION, CONTINUED TOTUESDAY, JULY 29, 2008, AT 2:00 P.M. Maben-Watson: All Ayes

6) Request from Grimmway Enterprises, Inc., by McIntosh and

Associates to change the permitted uses from intensive agriculture/shallow groundwater to other waste facilities and otherwaste facilities buffer and to allow an agriculture waste compostingoperation on approximately 618 acres located on the north side ofCopus Road, east of Interstate 5, south of Bakersfield (SD #4) Specific Request: (a) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code(s) 8.1/2.3 to Map Code(s) 3.7 and 3.7.1 or more restrictive map code designations; amend Appendix F of the Kern County General Plan (GPA #2, Map #160) (b) A Conditional Use Permit to allow an agricultural waste composting operation (Section 19.12.030.D) in an A District (CUP #15, Map #160) (Negative Declaration; Published Bakersfield Californian) (from 4/1/2008) -CONTINUED TO TUESDAY, JULY 29, 2008, AT 2:00 P.M.

Watson-Maben: All Ayes

HEARINGS

RESOURCE MANAGEMENT AGENCY Planning Department

7) Request from Julie Dunlap to vacate a 457-foot portion of a 30-foot-wide public access easement known as Payne Way located at 10001Caliente Creek Road, approximately 5,000 feet south of the WalkerBasin Road and Piute Mountain Road Y-intersection on the west side of Caliente Creek Road, Caliente (SD #2) Specific Request: Nonsummary vacation of a 457-foot portion of a 30-foot-wide public access easement known as Payne Way (108-108X 3 098 Streets and Highways) (General Rule, Section 15061(b)(3); Published Bakersfield Californian) -OPENED HEARING; JULIE DUNLAP, ALLENA HANSEN, JEANNIE GILLEN, MIKE HAMMETT, STEFEN HANSEN, AND AUGUST DIME, HEARD; CLOSED HEARING; PER PLANNING DEPARTMENTRECOMMENDATION, ADOPTED RESOLUTION 2008-175 DENYING VACATION

Maben-McQuiston: All Ayes

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Summary of Proceedings Page 18 Board of Supervisors - Regular Meeting – 2:00 P.M. 5/27/2008

8) Request from Sally Schultz to vacate an approximate 2,650-foot portion of 30-foot-wide public access easements known as Sarida Avenue and Myriam Street, Tehachapi, located at 24075 SaridaAvenue, north of Banducci Road, Tehachapi (SD #2) Specific Request: Nonsummary vacation of a portion of Sarida Avenue and Myriam Street, Tehachapi (165 3 098 Streets and Highways) (General Rule, Section 15061(b)(3); Published Tehachapi News) -OPENED HEARING; GERMAN GARCIA, SALLY SCHULTZ, JORGEGARCIA, AND ROBERT SCHULTZ, HEARD; CLOSED HEARING; PERPLANNING DEPARTMENT RECOMMENDATION, ADOPTED RESOLUTION 2008-176 APPROVING VACATION AS REQUESTED, SUBJECT TO RETENTION OF EXISTING PUBLIC UTILITY EASEMENTSAND NOT TO BE RECORDED UNTIL THE RECORDATION OF ACERTIFICATE OF COMPLIANCE FINALIZING LOT LINE ADJUSTMENT61-06 PROVIDING ALTERNATE ACCESS

Maben-Watson: All Ayes

9) Request from Abdon and Maria De Leon by Jamie Sandoval to changethe permitted uses from limited agriculture to estate residential, ruralsuburban combining on approximately two acres located at 16200 Brimhall Road, northwest corner of Brimhall Road and Heath Road, Rosedale (SD #4) Specific Request: A change in zone classification from A-1 (Limited Agriculture) to E (1) RS (Estate - 1 acre - Residential Suburban Combining) or a more restrictive district ZCC #171, Map #101 (General Rule, Section 15061(b)(3); Published Bakersfield Californian) -OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PERPLANNING COMMISSION RECOMMENDATION, ADOPTEDRESOLUTION 2008-177 AND ENACTED ORDINANCE G-7715 APPROVING ZONE CHANGE AS REQUESTED

Watson-Maben: All Ayes

10) Request from SPWJ, Inc., by Moreland Consulting, Inc., to addpetroleum extraction to the existing zoning on 35.22 acres located onthe west side of Nord Avenue, south of Meacham Road, westBakersfield (SD #4) Specific Request: A change in zone classification from E (1/4) and E (1/2) RS to E (1/4) PEand E (1/2) RS PE or more restrictive districts (ZCC #172, Map #101(General Rule, Section 15061(b)(3); Published Bakersfield Californian) -OPENED HEARING; CARL MORELAND, REPRESENTING APPLICANT; DAVE BLODGETT; AND CHRISTINE BOYER, CRIMSON RESOURCE MANAGEMENT, HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED RESOLUTION 2008-178 AND ENACTED ORDINANCE G-7716 APPROVING THE MORE RESTRICTIVE DI (DRILLING ISLAND) DISTRICT, NOT TO BECOMEEFFECTIVE UNTIL RECORDATION OF A FINAL TRACT MAP

Watson-Maben: All Ayes

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Summary of Proceedings Page 19 Board of Supervisors - Regular Meeting – 2:00 P.M. 5/27/2008

CA-11) Request from Real Investments by Quad Knopf Engineering, Inc., tochange the permitted uses from light industrial - precise development combining to medium industrial - precise development combining on approximately 2.6 acres located at 8633 East Brundage Lane, north ofHighway 58, east of Weedpatch Highway, east Bakersfield (SD #5) Specific Request: A change in zone classification from M-1 PD to M-2 PD or a more restrictive district (ZCC #36, Map #125-6) (General Rule, Section 15061(b)(3); Published Bakersfield Californian) -OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PERPLANNING COMMISSION RECOMMENDATION, ADOPTEDRESOLUTION 2008-179 AND ENACTED ORDINANCE G-7717 APPROVING ZONE CHANGE AS REQUESTED Maben-Watson: All Ayes

DEPARTMENTAL REQUESTS

RESOURCE MANAGEMENT AGENCY Planning Department

Miscellaneous

S.D. #2

CA-12) Proposed Amendment No. 1 to Consulting Agreement 894-2006 with Stantec Consulting to provide additional services for the preparation of theClearvista Ranch Development EIR by Pannon Design and Development,an increase of $28,075, for a new total of $309,483 (Fiscal Impact:$28,075, Application Processing Fees; Not Budgeted; Discretionary) -APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT361-2008 Maben-Watson: All Ayes

S.D. #3

CA-13) Proposed Consulting Agreement with Pacific Municipal Consultants, Inc.,(PMC) to assist in the Oildale Community Charrette process, in an amount not to exceed $61,129.10 (Fiscal Impact: $61,129.10, Special ServicesFund 1040; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 362-2008 Maben-Watson: All Ayes

S.D. #5

CA-14) Request from John David Bloomquist for Determination of PublicConvenience for the issuance of an off-site beer and wine license at 8101 East Brundage Lane, Bakersfield, pursuant to the Alcohol BeverageControl Act, Section 23958 of the Business and Professions Code (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION 2008-180 Maben-Watson: All Ayes

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Summary of Proceedings Page 20 Board of Supervisors - Regular Meeting – 2:00 P.M. 5/27/2008

NOTE: ITEM NOS. 15 THROUGH 17 WERE HEARD CONCURRENTLY

RESOURCE MANAGEMENT AGENCY

Hearings

All S.D.’s

15) Proposed Resolution regarding adjustments to Engineering and Survey Services license and permit fees (Fiscal Impact: None Current Year;$999,225 Increase in Revenue Fiscal Year 2008-2009; Not Budgeted; Discretionary) - OPENED HEARING; MICHAEL TURNIPSEED, KERN COUNTY TAXPAYERS’ ASSOCIATION; DEBBIE MORANO, CHIEF EXECUTIVE OFFICER, GREATER BAKERSFIELD CHAMBER OFCOMMERCE; CORRINE COATSEN, ASSOCIATION OF REALTORS;TONYA SHORT, HOME BUILDERS ASSOCIATION; AND GRETCHENGUTIERREZ, ANTELOPE VALLEY REGION, BUILDING INDUSTRYASSOCIATION, HEARD; CLOSED HEARING; CONTINUED TO TUESDAY, JUNE 3, 2008, AT 2:00 P.M.

McQuiston-Watson: All Ayes

16) Proposed Ordinances establishing Environmental Health Services licenseand permit fees (Fiscal Impact: None Current Year; $1,613,955 Increase inRevenue Fiscal Year 2008-2009; Not Budgeted; Discretionary) - OPENED HEARING; MICHAEL TURNIPSEED, KERN COUNTY TAXPAYERS’ASSOCIATION; DEBBIE MORANO, CHIEF EXECUTIVE OFFICER,GREATER BAKERSFIELD CHAMBER OF COMMERCE; CORRINE COATSEN, ASSOCIATION OF REALTORS; TONYA SHORT, HOME BUILDERS ASSOCIATION; AND GRETCHEN GUTIERREZ, ANTELOPEVALLEY REGION, BUILDING INDUSTRY ASSOCIATION, HEARD; CLOSED HEARING; CONTINUED TO TUESDAY, JUNE 3, 2008, AT 2:00P.M.

McQuiston-Watson: All Ayes

17) Proposed Resolution regarding adjustments to Planning license and permit fees (Fiscal Impact: None Current Year; $1,235,509 Increase in RevenueFiscal Year 2008-2009; Not Budgeted; Discretionary) - OPENED HEARING; MICHAEL TURNIPSEED, KERN COUNTY TAXPAYERS’ASSOCIATION; DEBBIE MORENO, CHIEF EXECUTIVE OFFICER, GREATER BAKERSFIELD CHAMBER OF COMMERCE; CORRINE COATS, ASSOCIATION OF REALTORS; TONYA SHORT, HOME BUILDERS ASSOCIATION; AND GRETCHEN GUTIERREZ, ANTELOPEVALLEY REGION, BUILDING INDUSTRY ASSOCIATION, HEARD; CLOSED HEARING; CONTINUED TO TUESDAY, JUNE 3, 2008, AT 2:00 P.M.

McQuiston-Watson: All Ayes

18) Proposed Capital Improvement Plan and proposed Amendment No. 4 toAgreement 890-2005 with MuniFinancial for Capital Improvement Plan,increasing the amount by $26,500, expanding the scope of services, and extending the term of the agreement to October 9, 2009 (Fiscal Impact:$26,500; Budgeted; Discretionary) - MICHAEL TURNIPSEED, KERN COUNTY TAXPAYERS’ ASSOCIATION, HEARD; RECEIVED AND FILED;ADOPTED CAPITAL IMPROVEMENT PLAN; APPROVED AMENDMENT;AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 363-2008

Watson-Maben: All Ayes

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Summary of Proceedings Page 21 Board of Supervisors - Regular Meeting – 2:00 P.M. 5/27/2008

RESOURCE MANAGEMENT AGENCY Community and Economic Development Department

S.D. #1

CA-19) Proposed closeout of completed City of Ridgecrest CommunityDevelopment Block Grant (CDBG) activities, CD No. 17.01.1 and CD No. 17.05.1, and transfer of remaining unexpended balances to City ofRidgecrest Street Improvements, Norma Street, CD No. 17.07.1; andproposed Agreement with City of Ridgecrest to provide CDBG funds forCity of Ridgecrest Street Improvements, Norma Street, CD Activity No. 17.07.1, in an amount not to exceed $328,481 (Fiscal Impact: $328,481;Federal Grant; Budgeted; Discretionary) - APPROVED CLOSEOUT OF PROJECTS AND TRANSFER OF REMAINING UNEXPENDEDBALANCES; AUTHORIZED NECESSARY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND COUNTY BUDGETADJUSTMENTS; APPROVED AGREEMENT; AUTHORIZED CHAIRMANTO SIGN AGREEMENT 364-2008 Maben-Watson: All Ayes

S.D. #5

CA-20) Proposed Amendment No. 2 to Agreement 220-2007 with Boys and Girls Club of Bakersfield to provide additional Community Development BlockGrant (CDBG) funds for Lamont Boys and Girls Club RenovationImprovements, CD No. 29.05.1, in the amount of $24,000, for a new totalnot to exceed $378,000 (Fiscal Impact: $24,000; Federal Grant; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGNAGREEMENT 365-2008 Maben-Watson: All Ayes

RESOURCE MANAGEMENT AGENCY

Engineering and Survey Services

Hearings

S.D. #2

21) Hearing on proposed increase in annual landscape maintenance charge

within County Service Area No. 63.6, Rosamond area, for Fiscal Year2008-2009 (Fiscal Impact: $39,760; CSA’s; Budgeted; Discretionary) -OPENED HEARING; NO ONE HEARD; CLOSED HEARING; TABULATEDBALLOTS; CONFIRMED THAT MAJORITY OF BALLOTS SUBMITTED WERE NOT IN FAVOR OF INCREASED ASSESSMENT; REFERREDBACK TO STAFF

Maben-Watson: All Ayes

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Summary of Proceedings Page 22 Board of Supervisors - Regular Meeting – 2:00 P.M. 5/27/2008

S.D. #3

22) Proposed Resolution ordering the extension of Zone of Benefit Nos. 3 and5 within County Service Area No. 71 and establishing assessments for Zone of Benefit Nos. 3 and 5 within County Service Area No. 71,determining to adopt and accept an Ordinance enacting assessments forthe area included within the boundaries extended herein, Parcel Map11422, located north of Shellabarger Road and east of Pepita Way, Bakersfield (Fiscal Impact: $375; CSA’s; Budgeted; Mandated) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; TABULATEDBALLOTS; CONFIRMED THAT MAJORITY OF BALLOTS SUBMITTEDWERE IN FAVOR OF ASSESSMENTS; ENACTED ORDINANCE G-7718 ESTABLISHING ASSESSMENTS; ADOPTED RESOLUTION 2008-181 CONFIRMING ENGINEERING & SURVEY SERVICES DEPARTMENTDIRECTOR’S REPORT AND APPROVING ANNUAL ASSESSMENT NOTTO EXCEED $85 PER PARCEL FOR STREET LIGHT MAINTENANCE;$40 PER PARCEL FOR STREET SWEEPING; DETERMINING TO ADOPT AND ACCEPT AN ORDINANCE ENACTING ASSESSMENTSFOR THE AREA INCLUDED WITHIN THE BOUNDARIES EXTENDEDHEREIN; ORDERING THE EXTENSION OF ZONE OF BENEFIT NOS. 3AND 5 WITHIN COUNTY SERVICE AREA NO. 71, PARCEL MAP 11422

Maggard-Maben: All Ayes

S.D. #4

23) Request from Hondo, Inc., for a hearing before the Board regardingadjustments to administrative penalties for public nuisance violations andextension of time, APN 524-020-01, 20807 Stockdale Highway, operated by Hondo, Inc., and owned by UNICO, LLC (Fiscal Impact: None) - OPENED HEARING; KEN BONESTEEL, KERN WATER BANK; ANDJESS KARR, HONDO, INC., HEARD; CLOSED HEARING; RECEIVEDAND FILED DOCUMENTS; CONTINUED TO TUESDAY, JULY 8, 2008,AT 2:00 P.M.

Watson-Maben: All Ayes

CA-24) Protest hearing on proposed confirmation of costs incurred for nuisanceabatement work at 32112 Highway 58, Buttonwillow, APN 103-070-06, $3,564 (Fiscal Impact: $3,564; Budgeted; General Fund; Discretionary) -OPENED HEARING; NO ONE HEARD; CLOSED HEARING; RECEIVED AND FILED REPORT; ADOPTED RESOLUTION 2008-182 CONFIRMING COSTS INCURRED BY COUNTY FOR WORK PERFORMED TOREMOVE THE PUBLIC NUISANCE FROM PROPERTY; ORDEREDTHAT ANY COSTS, IF NOT PAID WITHIN TEN (10) DAYS, BE A LIENAGAINST THE PROPERTY AND CONSTITUTE A SPECIAL ASSESSMENT TO BE PLACED ON TAX ROLL BY THE AUDITOR ANDTO BE COLLECTED IN THE SAME MANNER AND SUBJECT TO THESAME PENALTIES AS ORDINARY COUNTY TAXES ON THE REALPROPERTY FROM WHICH NUISANCE WAS ABATED; DIRECTEDENGINEERING & SURVEY SERVICES TO MAIL NOTICE OF BOARD ACTION TO PROPERTY OWNERS Maben-Watson: All Ayes

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Summary of Proceedings Page 23 Board of Supervisors - Regular Meeting – 2:00 P.M. 5/27/2008

CA-25) Protest hearing on proposed confirmation of costs incurred for nuisanceabatement work at 105 Pierce Street, Taft, APN 199-252-09, $8,488.75 (Fiscal Impact: $8,488.75; Budgeted; General Fund; Discretionary) -OPENED HEARING; NO ONE HEARD; CLOSED HEARING; RECEIVEDAND FILED REPORT; ADOPTED RESOLUTION 2008-183 CONFIRMING COSTS INCURRED BY COUNTY FOR WORK PERFORMED TOREMOVE THE PUBLIC NUISANCE FROM PROPERTY; ORDEREDTHAT ANY COSTS, IF NOT PAID WITHIN TEN (10) DAYS, BE A LIENAGAINST THE PROPERTY AND CONSTITUTE A SPECIALASSESSMENT TO BE PLACED ON TAX ROLL BY THE AUDITOR ANDTO BE COLLECTED IN THE SAME MANNER AND SUBJECT TO THESAME PENALTIES AS ORDINARY COUNTY TAXES ON THE REAL PROPERTY FROM WHICH NUISANCE WAS ABATED; DIRECTEDENGINEERING & SURVEY SERVICES TO MAIL NOTICE OF BOARDACTION TO THE PROPERTY OWNERS Maben-Watson: All Ayes

CA-26) Hearing for the abatement of a public nuisance involving demolition of

abandoned and dangerous structure(s) at 407 Polk Street, Block 16, Lot 6,Taft (Fiscal Impact: $15,000; Budgeted; General Fund; Discretionary) -OPENED HEARING; NO ONE HEARD; CLOSED HEARING; ADOPTEDRESOLUTION 2008-184 DECLARING ABANDONED STRUCTURE(S) AND REAL PROPERTY A PUBLIC NUISANCE; DIRECTED ENGINEERING & SURVEY SERVICES TO POST AND MAIL NOTICE OFDETERMINATION PURSUANT TO ORDINANCE CODE 8.44.100; IFNUISANCES ARE NOT ABATED WITHIN 30 DAYS AFTER POSTINGAND MAILING OF NOTICE OF DETERMINATION, AUTHORIZEDENGINEERING & SURVEY SERVICES TO USE ABATEMENT FUNDSTO AWARD BIDS FOR DEMOLITION AND REMOVAL, AND TOPERFORM NECESSARY INSPECTIONS IN PERFORMANCE OF THEDEMOLITION CONTRACT Maben-Watson: All Ayes

S.D. #5

CA-27) Protest hearing on proposed confirmation of costs incurred for nuisance abatement work at 1030 Height Street, Bakersfield, APN 126-062-14, $1,842.50 (Fiscal Impact: $1,842.50; Budgeted; General Fund;Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSEDHEARING; RECEIVED AND FILED REPORT; ADOPTED RESOLUTION 2008-185 CONFIRMING COSTS INCURRED BY COUNTY FOR WORKPERFORMED TO REMOVE THE PUBLIC NUISANCE FROMPROPERTY; ORDERED THAT ANY COSTS, IF NOT PAID WITHIN TEN(10) DAYS, BE A LIEN AGAINST THE PROPERTY AND CONSTITUTE ASPECIAL ASSESSMENT TO BE PLACED ON TAX ROLL BY THE AUDITOR AND TO BE COLLECTED IN THE SAME MANNER ANDSUBJECT TO THE SAME PENALTIES AS ORDINARY COUNTY TAXESON THE REAL PROPERTY FROM WHICH NUISANCE WAS ABATED;DIRECTED ENGINEERING & SURVEY SERVICES TO MAIL NOTICE OFBOARD ACTION TO THE PROPERTY OWNERS Maben-Watson: All Ayes

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Summary of Proceedings Page 24 Board of Supervisors - Regular Meeting – 2:00 P.M. 5/27/2008

S.D.’s #1, #3 & #4

CA-28) Hearing on proposed increase in annual sewer service charge withinCounty Service Area No. 71, west Bakersfield area, for Fiscal Year 2008-2009 (Fiscal Impact: $3,374; CSA’s; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; CONFIRMED THEREIS NOT A MAJORITY PROTEST; MAD FINDING THAT PROJECT ISSTATUTORILY EXEMPT FROM THE REQUIREMENTS FORPREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TOTHE PROVISIONS OF PUBLIC RESOURCES CODE SECTION 21080(b)(8) AND SECTIONS 15061(b)(3) AND 15273 OF THE STATECEQA GUIDELINES; ENACTED ORDINANCE G-7719; ADOPTED RESOLUTION 2008-186 CONFIRMING ENGINEERING & SURVEY SERVICES DEPARTMENT DIRECTOR’S REPORT AND APPROVINGPER PARCEL, ANNUAL ASSESSMENT NOT TO EXCEED $220 AND DETERMINING TO ADOPT AND ACCEPT AN ORDINANCE ENACTINGASSESSMENTS Maben-Watson: All Ayes

S.D. #1

CA-29) Proposed Resolution of Disbursement of County Service Area revolvingfund monies for County Service Area No. 39.8, for sewage disposal, Lake Isabella area (Fiscal Impact: $45,000; CSA Revolving Fund; Not Budgeted;Discretionary) - APPROVED DISBURSEMENT OF $45,000 FROM THECOUNTY SERVICE AREA REVOLVING FUND TO CSA 39.8; ADOPTEDRESOLUTION 2008-187 OF DISBURSEMENT; RECOGNIZED $45,000 IN UNANTICIPATED REVENUE FOR CSA NO. 39.8; APPROVEDTRANSFER OF $45,000 FROM APPROPRIATIONS FORCONTINGENCIES, CSA NO. 39.8, BUDGET UNIT 9256, TO KEY 7582,TO REIMBURSE WASTE MANAGEMENT DEPARTMENT FOR THESALARY AND BENEFIT COSTS OF THEIR OPERATORS Maben-Watson: All Ayes

S.D. #2

CA-30) Proposed Indemnification Agreement with Local Agency FormationCommission (LAFCO) for County Service Area No. 16, Mojave (FiscalImpact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 366-2008 Maben-Watson: All Ayes

CA-31) Proposed Resolution of Disbursement of County Service Area revolving

fund monies for County Service Area No. 63.1, for drainage maintenance,Rosamond area (Fiscal Impact: $58,154.83; CSA Revolving Fund; Not Budgeted; Discretionary) - APPROVED DISBURSEMENT OF $58,154.83 FROM THE COUNTY SERVICE AREA REVOLVING FUND TO CSA 63.1;ADOPTED RESOLUTION 2008-188 OF DISBURSEMENT; RECOGNIZED $58,154.83 IN UNANTICIPATED REVENUE FOR CSA NO. 63.1;APPROVED TRANSFER OF $58,154.83 FROM APPROPRIATIONS FOR CONTINGENCIES, CSA NO. 63.1, BUDGET UNIT 9290, TO KEY 7002,TO REIMBURSE ENGINEERING & SURVEY SERVICES FOR GATEFEES Maben-Watson: All Ayes

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S.D. #5

CA-32) Proposed Indemnification Agreement with Local Agency FormationCommission (LAFCO) for County Service Area No. 34, Descanso Park, Bakersfield (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 367-2008 Maben-Watson: All Ayes

S.D.’s #3 & #5

CA-33) Proposed Indemnification Agreement with Local Agency Formation Commission (LAFCO) for County Service Area No. 36, Pioneer Drive,Bakersfield (Fiscal Impact: None) - APPROVED: AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 368-2008 Maben-Watson: All Ayes

All S.D.’s

CA-34) Request to schedule establishment of Proposition 4 Appropriations Limit for Fiscal Year 2008-2009 for County Service Areas (Fiscal Impact: None) -RECEIVED AND FILED; SCHEDULED ESTABLISHMENT OFAPPROPRIATIONS LIMITS FOR TUESDAY, JUNE 17, 2008, AT 2:00P.M. Maben-Watson: All Ayes

Debt Advisory Committee

All S.D.’s

35) Response to referral concerning use of Assessment Districts for LandDivision related improvements (Fiscal Impact: None) - ANN BARNETT, AUDITOR-CONTROLLER-COUNTY CLERK; JACKIE DENNEY, TREASURER-TAX COLLECTOR; AND DAVID CATES, HEARD; DETERMINED NOT TO ADOPT PROPOSED REVISIONS TO THE KERN COUNTY DEBT FINANCING POLICIES

Maben-McQuiston: All Ayes RESOURCE MANAGEMENT AGENCY

Environmental Health Services

All S.D.’s

CA-36) Proposed Agreement with State of California Water Resources Control

Board for County to operate local oversight program for leakingunderground storage tanks (No. 08-003-250-0), in an amount not to exceed $120,566 (Fiscal Impact: $120,566 Revenue; Budgeted; Discretionary) -APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT369-2008 Maben-Watson: All Ayes

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RESOURCE MANAGEMENT AGENCY Roads Department

S.D. #1

CA-37) Contract No. 08038, identify apparent low bid of The Aleco Corporation forconstruction on Seventh Standard Road from McCray Street to Rio Del Norte Street, Bakersfield, in an amount not to exceed $68,399 (FiscalImpact: $68,399; Proposition 1B Funds; Budgeted; Discretionary) -IDENTIFIED APPARENT LOW BID; AUTHORIZED ROADS TO PREPARENECESSARY CONTRACT DOCUMENTS AND RELEASE ALL OTHERBID GUARANTEES Maben-Watson: All Ayes

S.D. #2

CA-38) Contract No. 07022, Notice of Completion with Maverick Asphalt, Inc., forconstruction on Rosamond Boulevard at 35th Street West, Signal andLighting (Fiscal Impact: None) - RECEIVED AND FILED Maben-Watson: All Ayes

CA-39) Contract No. 08005, Notice of Completion with Hard Rock Construction for

construction on Mojave Improvements - Phase 10 (Fiscal Impact: None) -RECEIVED AND FILED Maben-Watson: All Ayes

CA-40) Proposed Contract No. 08024 with Black Stone Asphalt Construction, Inc.,

for construction on Commercial Avenue from Woodford-Tehachapi Road to 320 feet west of South Street, in an amount not to exceed $88,940.50(Fiscal Impact: $88,940.50; Proposition 1B Funds; Budgeted;Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGNAGREEMENT 370-2008 Maben-Watson: All Ayes

S.D. #3

CA-41) Proposed Contract No. 08035 with Griffith Company for construction onKern Canyon Road Improvements, Bakersfield, in an amount not to exceed$56,293 (Fiscal Impact: $56,293; Proposition 1B Funds; Budgeted;Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGNAGREEMENT 371-2008 Maben-Watson: All Ayes

S.D. #4

CA-42) Proposed Resolution for acceptance of offers of dedication of roadeasements as a part of Rudd Avenue-West Beltway, Bakersfield (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION 2008-189; DIRECTED CLERK OF THE BOARD TO RECORD Maben-Watson: All Ayes

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CA-43) Contract No. 08041, Plans, Specifications and Notice to Contractors for construction on Allen Road, north of Rosedale Highway, Bakersfield (FiscalImpact: $75,000; Road Fund; Budgeted; Discretionary) - MADE FINDING THAT PROJECT IS CATEGORICALLY EXEMPT FROM THEREQUIREMENTS OF CEQA, PER SECTION 15301(c) OF STATE CEQAGUIDELINES; AUTHORIZED ROADS TO FILE NOTICE OF EXEMPTION;APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZEDROADS TO PUBLISH NOTICE TO CONTRACTORS IN A NEWSPAPEROF GENERAL CIRCULATION, PURSUANT TO SECTION 20392 OFPUBLIC CONTRACT CODE; BID OPENING TO BE WEDNESDAY, JUNE 18, 2008, AT 11:00 A.M. Maben-Watson: All Ayes

S.D.’s #1, #2 & #4

CA-44) Proposed Contract No. 08036 with Granite Construction Company forasphalt concrete stockpile and windrow stockpile at various locations inKern County, in an amount not to exceed $4,374,050 (Fiscal Impact: $4,374,050; Road Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 372-2008 Maben-Watson: All Ayes

NOTE: ITEM NOS. 45 THROUGH 48 WERE HEARD CONCURRENTLY

FOLLOWING ITEM NO. 1

WASTE MANAGEMENT

Hearings

S.D. #2

45) Public Hearing on proposed Ordinance establishing the schedule ofUniversal Solid Waste Collection service charges for residential propertywith four or fewer units (3.3% increase in charges from Fiscal Year 2007-2008) for Fiscal Year 2008-2009 and the addition of properties to the Eastern Kern Universal Collection Area (Fiscal Impact: $17,400 Revenue;Universal Collection Enterprise Fund; Budgeted; Mandated) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15061(b)(3) OFSTATE CEQA GUIDELINES; DIRECTED CLERK OF THE BOARD TOFILE NOTICE OF EXEMPTION; ADOPTED RESOLUTION 2008-190; WAIVED READING; ENACTED ORDINANCE G-7720

Maben-Watson: All Ayes

S.D. #4

46) Public Hearing on proposed Ordinance establishing the schedule ofUniversal Solid Waste Collection service charges for residential propertywith four or fewer units in the Lost Hills Universal Collection Area for FiscalYear 2008-2009 (3.3% increase in charges from Fiscal Year 2007-2008) (Fiscal Impact: $2,100 Revenue; Universal Collection Enterprise Fund;Budgeted; Mandated) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING PROJECT IS EXEMPT FROM CEQA PERSECTION 15061(b)(3) OF STATE CEQA GUIDELINES; DIRECTED CLERK OF THE BOARD TO FILE NOTICE OF EXEMPTION; ENACTEDORDINANCE G-7721

Watson-Maben: All Ayes

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47) Public Hearing on proposed Ordinance establishing the schedule ofUniversal Solid Waste Collection service charges for residential property with four or fewer units in the Unincorporated Taft Universal CollectionArea for Fiscal Year 2008-2009 (3.3% increase in charges from Fiscal Year 2007-2008) (Fiscal Impact: $17,600 Revenue; Universal CollectionEnterprise Fund; Budgeted; Mandated) - OPENED HEARING; NO ONEHEARD; CLOSED HEARING; MADE FINDING PROJECT IS EXEMPTFROM CEQA PER SECTION 15061(b)(3) OF STATE CEQAGUIDELINES; DIRECTED CLERK OF THE BOARD TO FILE NOTICE OFEXEMPTION; ENACTED ORDINANCE G-7722

Watson-Maben: All Ayes

All S.D.’s

48) Public Hearing on proposed Ordinance establishing the schedule ofUniversal Solid Waste Collection service charges for residential propertywith four or fewer units in the Metropolitan Bakersfield Universal CollectionArea for Fiscal Year 2008-2009 (3.3% increase in charges from Fiscal Year 2007-2008) (Fiscal Impact: $260,100 Revenue; Universal CollectionEnterprise Fund; Budgeted; Mandated) - OPENED HEARING; NO ONEHEARD; CLOSED HEARING; MADE FINDING PROJECT IS EXEMPTFROM CEQA PER SECTION 15061(b)(3) OF STATE CEQA GUIDELINES; DIRECTED CLERK OF THE BOARD TO FILE NOTICE OFEXEMPTION; ENACTED ORDINANCE G-7723

Watson-Maben: All Ayes

S.D. #2

CA-49) Proposed schedule of charges for Tehachapi Recycling, Inc., establishingJuly 1, 2008 as the effective date (Fiscal Impact: None) - APPROVED Maben-Watson: All Ayes

COUNTY ADMINISTRATIVE OFFICE

CA-50) Proposed response to Grand Jury Report entitled Larry J. Rhoades KernCrossroads Facility - Addendum (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE Maben-Watson: All Ayes

CA-51) Proposed contribution to Bakersfield Senior Center in the amount of $3,000

(Fiscal Impact: $3,000; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO PAY Maben-Watson: All Ayes

CA-52) Proposed contribution to Boys and Girls Clubs of Kern County to assist in

the implementation of a health, fitness and wellbeing program in theamount of $5,000 (Fiscal Impact: $5,000; Budgeted; Discretionary) -APPROVED; AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO PAY Maben-Watson: All Ayes

CA-53) Proposed retroactive Amendment No. 4 to Administrative Services

Agreement 718-2003 with Catalyst Rx for prescription drug benefit administration to include language allowing negotiated changes that may result in different discounts for remote area pharmacies, in-house pharmacies, and client requests for additions to a selected network,effective January 1, 2008 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 373-2008 Maben-Watson: All Ayes

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54) Request to appropriate unanticipated revenue from premiums within theGroup Health Internal Service Fund for health benefits claims in theamount of $4,900,000 (Fiscal Impact: $4,900,000; Group Health Internal Service Fund; Not Budgeted; Mandated) - APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $4,900,000 TOAPPROPRIATIONS FOR CONTINGENCIES (GROUP HEALTHINTERNAL SERVICE FUND); APPROVED BUDGET TRANSFER FROMAPPROPRIATIONS FOR CONTINGENCIES TO BUDGET UNIT 8960 IN THE AMOUNT OF $4,900,000

McQuiston-Maben: All Ayes

55) Proposed transfer from Appropriations for Contingencies in the amount of$350,000 to Budget Unit 2170 for administration of the Indigent DefenseProgram (Fiscal Impact: $350,000; Not Budgeted; Mandated) -APPROVED

McQuiston-Maben: All Ayes

56) Request for approval of unanticipated revenue and transfer fromAppropriations for Contingencies in connection with Fire Departmentemployees’ salary increases (Fiscal Impact: $978,000 Fire Fund; Not Budgeted; Discretionary) - APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $978,000 TOAPPROPRIATIONS FOR CONTINGENCIES (FIRE FUND); APPROVEDBUDGET TRANSFER FROM APPROPRIATIONS FOR CONTINGENCIESTO BUDGET UNIT 2415 IN THE AMOUNT OF $978,000

Maben-Watson: All Ayes

57) Proposed deferral of Fiscal Year 2008-2009 Budget Hearings to the week of July 21, 2008 (Fiscal Impact: None) - APPROVED; APPROVED REGULAR MEETING ON TUESDAY, JUNE 24, 2008; DIRECTED CLERKOF THE BOARD TO PREPARE A RESOLUTION REVISING THE 2008BOARD MEETING CALENDAR

Maben-McQuiston: All Ayes

58) Proposed Resolution approving documents and issuance of Fiscal Year2008-2009 Tax and Revenue Anticipation Notes (TRAN), in an amount notto exceed $155,000,000 (Fiscal Impact: $155,000,000; Discretionary) -APPROVED; ADOPTED RESOLUTION 2008-191; AUTHORIZED CHAIRMAN, OR ANY MEMBER OF THE BOARD IN ABSENCE OFCHAIRMAN, TO SIGN DOCUMENTS

Maben-Watson: All Ayes

59) Response to referral on May 13, 2008, regarding proposed creation of Health Services Agency (Fiscal Impact: None) - RAMONA FAUCETTE, SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 521; ANDMICHAEL TURNIPSEED, KERN COUNTY TAXPAYERS’ ASSOCIATION,HEARD; APPROVED IN CONCEPT THE ESTABLISHMENT OF HEALTH SERVICES AGENCY; REFERRED TO COUNTY ADMINISTRATIVEOFFICE FOR CREATION OF A STAKEHOLDER TASK FORCE TORETURN TO THE BOARD IN TWO MONTHS WITHRECOMMENDATIONS THAT ARTICULATE AND QUANTIFY POTENTIAL SAVINGS, EFFICIENCIES AND INTEGRATION OF SERVICES FROMCONSOLIDATION OF HEALTH-RELATED DEPARTMENTS Maben-McQuiston: All Ayes

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Legislative Matter

CA-60) HR 5444 regarding Job Investment and Economic Stimulus Act; SummerYouth Employment Supplemental Appropriation (Fiscal Impact: None) -ADOPTED POSITION IN SUPPORT; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE Maben-Watson: All Ayes

COUNTY ADMINISTRATIVE OFFICE

General Services Division

S.D. #1

CA-61) Change Order No. 4 for the kitchen and laundry reroof at Lerdo, anincrease of $6,176, for a new total of $1,215,234 (1650.7026.04) (Fiscal Impact: $6,176; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN Maben-Watson: All Ayes

S.D. #2

CA-62) Proposed Agreement for Lease with Friend Family Trust for lease of aportion of 2300 Highway 58, Mojave, for Department of Human Services, beginning June 1, 2008 (Fiscal Impact: $5,750 Monthly Rent; HumanServices Department-Administration Fund; Budgeted; Discretionary) -MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PERSECTION 15301; AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTION AS APPROPRIATE; APPROVED; AUTHORIZEDCHAIRMAN TO SIGN AGREEMENT 374-2008 UPON FINAL APPROVAL BY COUNTY COUNSEL Maben-Watson: All Ayes

CA-63) Proposed Agreement for Sub-Lease with Arbor E&T, LLC, to sub-lease a

portion of 2300 Highway 58, Mojave, beginning July 1, 2008 (Fiscal Impact:None for Fiscal Year 2007-2008) - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; AUTHORIZED GENERALSERVICES TO FILE NOTICE OF EXEMPTION AS APPROPRIATE;APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 375-2008 UPON FINAL APPROVAL BY COUNTY COUNSEL Maben-Watson: All Ayes

CA-64) Proposed Agreement for Sub-Lease with Community Connection for Child

Care to sub-lease a portion of 2300 Highway 58, Mojave, California, beginning June 1, 2008 (Fiscal Impact: A proportional share of officeexpenses and Master Lease monthly rent of $5,750; Human ServicesDepartment-Administration Fund; Budgeted; Discretionary) - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; AUTHORIZED GENERAL SERVICES TO FILE NOTICE OFEXEMPTION AS APPROPRIATE; APPROVED; AUTHORIZEDCHAIRMAN TO SIGN AGREEMENT 376-2008 UPON FINAL APPROVAL BY COUNTY COUNSEL Maben-Watson: All Ayes

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S.D. #5

CA-65) Proposed Agreement with JTS Construction for the 4th Floor build-out at the Administrative Building, in an amount not to exceed $314,600(1960.8186.06) (Fiscal Impact: $314,600; Budgeted; Discretionary) -APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 377-2008 Maben-Watson: All Ayes

CA-66) Proposed Agreement with Exbon Development, Inc., for the reroof at

Juvenile Hall Administration Building and East Bakersfield Veterans Hall, inan amount not to exceed $485,000 (1650.7072.07 & 1650.7070.07) (FiscalImpact: $485,000; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 378-2008 Maben-Watson: All Ayes

CA-67) Notification of intent to issue Request for Proposals for Food Service

Concession Services at County Administrative Center (Fiscal Impact: None) - RECEIVED AND FILED Maben-Watson: All Ayes

All S.D.’s

CA-68) Proposed Agreement with Digital Media Design, LLC, for development of aKGOV Television Station Technology Plan, in an amount not to exceed$31,780 (Fiscal Impact: $31,780; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 379-2008 Maben-Watson: All Ayes

COUNTY ADMINISTRATIVE OFFICE

Information Technology Services

CA-69) Request to increase purchase authority for contracted telecommunicationsservices through Avaya, Inc., from $100,000 to $900,000 (Fiscal Impact:Approximately $800,000 for Fiscal Year 2007-2008; Budgeted; Discretionary) - APPROVED Maben-Watson: All Ayes

CONSIDERATION OF ORDINANCE INTRODUCED MAY 13, 2008

70) Proposed Ordinance to amend Sections 8.60.010, 8.60.020, 8.60.090 and8.60.100 of the Kern County Ordinance Code relating to tobacco retailerpermit requirements to increase administrative penalties and deletetobacco paraphernalia retailers from permitting requirements - ENACTED ORDINANCE G-7724

Maben-Watson: 4 Ayes; 1 No - McQuiston

MATTERS FOR EXECUTIVE APPROVAL

CA-71) Budget Transfers - APPROVED NOS. 209 THROUGH 231 Maben-Watson: All Ayes

CA-72) Minutes for week of April 21, 2008 - APPROVED

Maben-Watson: All Ayes

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CA-73) Minutes of Joint Meeting of Board of Supervisors and Civil ServiceCommission on April 24, 2008 - APPROVED Maben-Watson: All Ayes

CA-74) Miscellaneous Letters and Documents - APPROVED

Maben-Watson: All Ayes

CA-75) Miscellaneous Departmental Referrals by Clerk of the Board - APPROVED AND FILED Maben-Watson: All Ayes

CA-76) Claims and Lawsuits filed with and referred by Clerk of the Board -

APPROVED AND FILED Maben-Watson: All Ayes

ADJOURNED TO MONDAY, JUNE 2, 2008, AT 1:00 P.M., FOR

COMMITTEE OF THE WHOLE Watson /s/ Kathleen Krause Clerk of the Board /s/ Michael J. Rubio Chairman, Board of Supervisors

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Summary of Proceedings Page 33 Board of Supervisors - Regular Meeting – 2:00 P.M. 5/27/2008

74) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED Animal Control

A) Seventeen (17) thank you letters for donations to the Animal Control

Division (Copies to each Supervisor and CAO)

Clerk of the Board

B) Memorandum from Ron Durand, Employers’ Training Resource, reresignation of Sherrill Hufnagel from the Workforce Investment Board Youth Council, and resignations of Bart York, Keith Wolaridge, GeorgiaRice and Diane Koditek from the Workforce Investment Board (Copies toeach Supervisor and CAO)

C) Monthly Referral Report for April, 2008

D) Received, certified and transmitted to Recorder for recordation as follows:1) Parcel Map 11758 S.D. #1

Community & Economic Development

E) County Loan Agreement, HOME Investment Partnerships Program, OwnerRehabilitation Program, with Jimmy Fellows and Rachel Fellows

County Administrative Office

F) Revision to Chapter 1, Section 105.4 of the Administrative Policy andProcedures Manual to eliminate the requirement for a department to firstseek Board approval in concept before requesting Personnel to prepare job specification for a new classification

Engineering & Survey Services

G) Recorded Drainage Easement from Rosamond Development re ParcelMap No. 10104 (Document No. 0208065774)

H) Two (2) letters from Walter Mortensen Insurance re verification of Maintenance Security for Tract 6123, Unit A (Financial Pacific InsuranceCompany Bond No. S810179) and Unit B (Financial Pacific InsuranceCompany Bond No. S811609)

Grand Jury

I) 2007-2008 Final Report re Larry J. Rhoades Kern Crossroads Facility -Addendum (Copy to each Supervisor, CAO and Probation)

J) 2007-2008 Final Report re Kern County Safety Management Report (Copyto each Supervisor, CAO and County Counsel)

Human Services

K) Letter from Pat Cheadle to Janet McGinnis re her complaint that HumanServices interfered with Los Angeles County court case (Copies to eachSupervisor, CAO and County Counsel)

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Local Agency Formation Commission

L) Resolution No. 08-24, Proceeding No. 1529, in the matter of City of Bakersfield, Annexation No. 525 (Ashe No. 8) (Copies to each Supervisor,CAO and Resource Management Agency)

M) Resolution No. 08-25 in the matter of Amendment of Sphere of Influence: Semitropic Water Storage District (Copies to each Supervisor, CAO and Resource Management Agency)

N) Resolution No. 08-26, Proceeding No. 1535, in the matter of Semitropic Water Storage District, Annexation No. 1 (Copies to each Supervisor, CAOand Resource Management Agency)

O) Resolution No. 08-27 in the matter of Amendment of Sphere of Influence: Southern San Joaquin Municipal Utility District (Copies to each Supervisor,CAO and Resource Management Agency)

P) Resolution No. 08-28, Proceeding No. 1524, in the matter of City of Bakersfield, Annexation No. 493 (Allen No. 13) (Copies to each Supervisor,CAO and Resource Management Agency)

Q) Resolution No. 08-29, Proceeding No. 1520, in the matter of County Service Area No. 60, Annexation No. 7 (Copies to each Supervisor, CAOand Resource Management Agency)

R) Notice of Hearing, Proceeding No. 1537, in the matter of Kern Tulare WaterDistrict: Southern San Joaquin MUD, Reorganization (Copies to eachSupervisor, CAO and Resource Management Agency)

S) Notice of Protest Hearing in the matter of Bear Valley Community Services District, Annexation No. 4; Tehachapi Recreation and Park District,Detachment B; Bear Mountain Recreation and Park District, Detachment C, Reorganization (Copies to each Supervisor, CAO and ResourceManagement Agency)

Roads

T) Recorded Easement Deeds from Glen R. Cannon (Document No.0208073055); Chain-Younger Law Office (Document No. 0208073056); Edna M. Jones and Seaborn B. Jones III (Document No. 0208073421);Jose Mendoza and Josephine Mendoza (Document No. 0208073420); Martin Robles (Document No. 0208073689); and Terry M. Wyatt andSusan O. Wyatt (Document No. 0208073688) for construction of roadimprovements on Belle Terrace between Real Road and South "H" Street

Treasurer-Tax Collector

U) Cash Receipts and Disbursements for April, 2008

Miscellaneous

V) Letter from Michael Grottkau, State Department of Corrections, Office ofFacilities Management, re notice of intent to lease office space at 1518 MillRock Way, Bakersfield (Copies to each Supervisor, CAO, Property Management and County Counsel)

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W) Letter from Mrs. Gandy re issues with Child Protective Services (Copy toHuman Services)

X) Letter from D. E. Leach, California Highway Patrol, re Hazardous MaterialsIncident Report on Friday, May 2, 2008, on U.S. 395 at Avenida Del Sol(Copies to each Supervisor, CAO, Environmental Health and Fire-Haz Mat)

Y) Letter from Tina J. Terrell, U.S. Department of Agriculture, Forest Service,re hearings on June 4, June 5, June 9 and June 11, 2008, to receive comments on proposal to charge fees at three high impact recreation areas(HIRA) (Copies to each Supervisor, CAO, Fire and Resource ManagementAgency)

Z) Thank you letter from Mary K. Shell for Resolution adopted commending Joe Shell (Copies to each Supervisor and CAO)

AA) Letter from Andrew Casana, Englander & Associates, in opposition toproposed fee model to change fee scale for health permits (Copies to eachSupervisor, CAO, Environmental Health, Resource Management Agency and County Counsel)

BB) Letter from Richard L. Harriman, Lanahan & Reilley LLP, re proposedlawsuit concerning approval of the Northwest Communities project (SoperHomes, Bakersfield 80 LLC and Dave Packer Construction) (Copies toeach Supervisor, CAO, Planning, Resource Management Agency andCounty Counsel)

CC) Three (3) letters from Sherrie Koell, State Fish and Game Commission, reproposed regulatory action relating to Prawn and Ship Trawling; re CentralValley Chinook salmon sport fishing; and nuisance Canada geese control orders (Copies to each Supervisor and CAO)

DD) Memorandum from Brian Leahy, State Department of Conservation,Division of Land Resource Protection, to Richard Sanchez, StateDepartment of Water Resources, re pending acquisition of property restricted by Williamson Act Contract in the Tehachapi area (Copies toeach Supervisor, CAO and County Counsel)

EE) E-mail from T. Sweeney in opposition to use of hydrofluoric acid by BigWest Refinery (Copies to each Supervisor, CAO, Planning, Engineering & Survey Services, Environmental Health and County Counsel)

FF) Notice of meeting from State Department of Fish and Game, WildlifeConservation Board, on Thursday, May 22, 2008 (Copies to eachSupervisor, CAO and County Counsel)

GG) Notices from State Department of Alcoholic Beverage Control reapplications for alcoholic beverage licenses from: ButtonwillowTravelcenter, 27769 Lagoon Drive, Buttonwillow; Los Potrillos 2, 3933 So.Chester Avenue, Bakersfield; Rocky’s Pizza & Arcade, 2858 Niles Street, Bakersfield; and Arvin Travelcenter, 5800 No. Wheeler Ridge Road, Arvin(Copies to each Supervisor, CAO, Planning and Environmental Health)

HH) Notice of Trustee’s Sale and Substitution of Trustee from the Wolf Firm, re property of Frankie Garza at 659 Mountain Mist Court, Bakersfield (Copy toProperty Management)

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II) Notice of Default and Election to Sell Under Deed of Trust and DebtValidation Notice from S.B.S. Trust Deed Network re debt owed to Elmer F.Karpe, Inc. (Copy to Property Management)

JJ) Notice from Jessica Hafer, San Joaquin Valley Air Pollution Control District,re adoption of 2008 PM2.5 Plan (Copies to each Supervisor, CAO,Planning, Resource Management Agency and County Counsel)

KK) Press Release re newly formed San Joaquin Valley Black & MinorityPolitical Action Committee (Copies to each Supervisor and CAO)

75) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD -APPROVED AND FILED

A) Letter from Richard Gilbert, Plains Marketing, LP, re notice of merger with Pacific Marketing and Transportation, LLC - REFERRED TO PROPERTY MANAGEMENT (Copy to County Counsel)

B) Letter from Piper Jaffray & Co. re California School Cash ReserveProgram, 2008 Certificates of Participation - REFERRED TO COUNTY COUNSEL

C) Letter from William Farley re problems he experienced at Lerdo -REFERRED TO SHERIFF (Copy to County Counsel)

76) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY THE CLERKOF THE BOARD - APPROVED AND FILED

A) Claim in the matter of Efrain Gonzalez vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

B) Claim in the matter of Rene Morales vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

C) Claim in the matter of AT&T vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

D) Claim in the matter of Chevron USA vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

E) Claim in the matter of Allstate Insurance vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

F) Claim in the matter of Brandon Doyle vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

G) Late claim in the matter of William R. Edmonds vs. Kern County -REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

H) Subrogation claim in the matter of Robert Kruse by State Farm Insurance Companies vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

I) Summons and complaint in the matter of Victoria Susan McGaughey and Felice McGaughey vs. Kern County, et al - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

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J) Summons and complaint in the matter of Association of Irritated Residentsvs. Kern County, et al - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

K) Summons and complaint in the matter of George Daniel Campos vs. Kern County, et al - REFERRED TO COUNTY COUNSEL (Copy to RiskManagement)

L) Letter re status of discrimination complaint in the matter of Tom Bedford vs. Kern County - REFERRED TO COUNTY COUNSEL (Copies to Risk Management and Personnel)