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Kern County Board of Supervisors Summary of Proceedings For

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Kern County Board of Supervisors Summary of Proceedings For SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, April 21, 2009 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 REPORT ON ACTIONS TAKEN IN CLOSED SESSION ON TUESDAY, APRIL 21, 2009, AT 9:00 A.M. Item No. 72 concerning request for Closed Session regarding public employee performance evaluation - Title: Interim Fire Chief (Government Code Section 54957) - CONTINUED TO TUESDAY, APRIL 28, 2009, AT 9:00 A.M. Item No. 74 concerning request for Closed Session regarding a lawsuit entitled Marsial Lopez, et al. v. County of Kern, et al., United States District Court Case No. 1:07-cv-00474 DLB (Government Code Section 54956.9(a)) - BY A UNANIMOUS VOTE, REGARDING THIS CLASS ACTION LAWSUIT CHALLENGING THE POLICIES OF THE COUNTY FOR SEARCHING INMATES AT THE COUNTY’S JAIL FACILITIES, THE BOARD AUTHORIZED COUNTY COUNSEL TO APPEAL THE DECISION OF THE TRIAL COURT IN FAVOR OF THE PLAINTIFFS ON CROSS MOTIONS FOR SUMMARY JUDGMENT 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! NO ONE HEARD Summary of Proceedings Page 15 Board of Supervisors Regular Meeting – 2:00 P.M. 4/21/2009 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 RUBIO HEARD REGARDING DENIM DAY ON APRIL 22, 2009, AND ENCOURAGED COUNTY STAFF TO WEAR DENIM IN SUPPORT OF SEXUAL ASSAULT AWARENESS MONTH NOTE: ITEM NO. 49 WAS HEARD FOLLOWING ITEM NO. 2 HEARINGS RESOURCE MANAGEMENT AGENCY Planning Department CA-3) Request from Vignolo Farm Trust One by Hughes Surveying to cancel a 3.22-acre portion of an approximate 158-acre parcel of a Land Use Contract and approval of a Contract Amending Land Use Contract on 16.78 acres located at the southeast corner of Valpredo Avenue and Shallock Road, Mettler (SD #4) Specific Request: Cancellation of a 3.22-acre portion of a 158-acre parcel of a Land Use Contract and approval of a Contract Amending Land Use Contract on 16.78 acres (Cancellation #08-2, Map #204) (General Rule, Section 15061(b)(3); Published Bakersfield Californian) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING DEPARTMENT RECOMMENDATION, ADOPTED RESOLUTION 2009-111 APPROVING CANCELLATION SUBJECT TO PAYMENT OF PENALTY FEE; DIRECTED CLERK OF THE BOARD TO RECORD CONTRACT AMENDING LAND USE CONTRACT; 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 Watson-Maben: All Ayes 4) Request from Rodolfo Ramirez by Higher Ground Engineering and Land Survey to change the permitted uses from limited agriculture to estate - 1 acre - residential suburban combining on 8.07 acres located on the south side of Deacon Avenue, approximately 660 feet west of Fairfax Road, east Bakersfield (SD #5) Specific Request: A change in zone classification from A-1 to E (1) RS or a more restrictive district (ZCC #29, Map #103-35) (Special Situation, Section 15183; Published Bakersfield Californian) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED RESOLUTION 2009-112 AND ENACTED ORDINANCE G-7851 APPROVING ZONE CHANGE, AS REQUESTED Rubio-Watson: All Ayes Summary of Proceedings Page 16 Board of Supervisors Regular Meeting – 2:00 P.M. 4/21/2009 CA-5) Request from Jim and Christy Slater by Delmarter and Deifel to cancel a 2.49-acre portion of an approximate 59.09-acre parcel of a Land Use Contract and approval of a Contract Amending Land Use Contract on 17.51 acres located on the north side of Mt. View Road, west of Edison Road, Lamont (SD #5) Specific Request: Cancellation of a 2.49-acre portion of a 59.09-acre parcel of a Land Use Contract and approval of a Contract Amending Land Use Contract on 17.51 acres (Cancellation #09-1, Map #125) (General Rule, Section 15061(b)(3); Published Lamont Reporter) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING DEPARTMENT RECOMMENDATION, ADOPTED RESOLUTION 2009-113 APPROVING CANCELLATION SUBJECT TO PAYMENT OF PENALTY FEE; DIRECTED CLERK OF THE BOARD TO RECORD CONTRACT AMENDING LAND USE CONTRACT; 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 Watson-Maben: All Ayes GENERAL PLAN AMENDMENT HEARINGS Amendment of the Land Use, Open Space and Conservation Element of the Kern County General Plan and Metropolitan Bakersfield General Plan; Amendment of the Circulation Element of the Kern County General Plan; Alteration of Agricultural Preserves 3, 8, and 11; and other items as cited which include amendments of certain zoning maps and applications and proceedings RESOURCE MANAGEMENT AGENCY Planning Department 6) Request from T-Square, LLC, by Marino and Associates to change the permitted uses from single-family residential to light industrial and medium-density multi-family residential on 29 acres located east of North Chester Avenue, on the north side of Petrol Road across from the Bakersfield Speedway, Bakersfield (SD #1) Specific Request: (a) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code(s) LMR to Map Code(s) LI and HMR or more restrictive map code designations (GPA #5, Map #81-36) (b) A change in zone classification from R-1 to M-1 PD and R-2 or more restrictive districts (ZCC #23, Map #81-36) (Negative Declaration; Published Bakersfield Californian) - CONTINUED TO TUESDAY, MAY 19, 2009, AT 2:00 P.M. Rubio-Maben: All Ayes Summary of Proceedings Page 17 Board of Supervisors Regular Meeting – 2:00 P.M. 4/21/2009 7) Request from Sally Wyly by WRA Engineering, Inc., to change the permitted uses from exclusive agriculture to estate residential 2-1/2 acre minimum on 39.28 acres located south of Old State Road, east of Dollar Road, Wofford Heights (SD #1) Specific Request: (a) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code(s) 8.5/2.4 and 8.5 to Map Code(s) 5.6/2.4 and 5.6 or a more restrictive map code designation (GPA #1, Map #17-31) (b) A change in zone classification from A to E (2-1/2) or a more restrictive district (ZCC #14, Map #17-31) (Negative Declaration; Published Kern Valley Sun) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED REVISED NEGATIVE DECLARATION AND REVISED MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTIONS 2009-114 AND 2009-115 AND ENACTED ORDINANCE G-7852 APPROVING GENERAL PLAN AMENDMENT FROM 8.5 (RESOURCE MANAGEMENT) AND 8.5/2.4 (RESOURCE MANAGEMENT - STEEP SLOPE) TO 5.6 (RESIDENTIAL - MINIMUM 2.5 GROSS ACRES/UNIT) AND 5.6/2.4 (RESIDENTIAL - MINIMUM 2.5 GROSS ACRES/UNIT - STEEP SLOPE), AS REQUESTED, AND APPROVING ZONE CHANGE FROM A (EXCLUSIVE AGRICULTURE) TO E (2-1/2) (ESTATE - 2-1/2 ACRES), AS REQUESTED Maben-Watson: All Ayes CA-8) Request from Plains LPG Services by R.L. Abbott and Associates to change the permitted uses from agricultural to natural resource and industrial on 114 acres and exclude the acreage from an agricultural preserve located at the northwest corner of Seventh Standard Road and Beech Avenue, 1/2 mile west of State Highway 43, south of Shafter area (SD #1) Specific Request: (a) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code(s) 8.4 to Map Code(s) 7.2 or a more restrictive map code designation on 33.5 acres (GPA #18, Map #79) (b) Changes in zone classifications from M-3 to M-2 PD on 8.2 acres; A to M-2 PD on 33.5 acres; and A to NR (20) on 61.7 acres or more restrictive districts (ZCC #38, Map #79) (c) Exclusion of approximately 95.2 acres from the boundaries of an Agricultural Preserve (Ag Pres #8 - Excl) (Negative Declaration; Published Shafter Press) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION ADOPTED REVISED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTIONS 2009-116, 2009-117 AND 2009-118 AND ENACTED ORDINANCE G-7853 APPROVING GENERAL PLAN AMENDMENT AND ZONE CHANGE, AS REQUESTED, AND APPROVING EXCLUSION Watson-Maben: All Ayes Summary of Proceedings Page 18 Board of Supervisors Regular Meeting – 2:00 P.M.
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