SUMMARY OF PROCEEDINGS

BOARD OF SUPERVISORS - COUNTY OF KERN

1115 Truxtun Avenue Bakersfield,

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. 4/21/2009

CA-9) Request from Denela, LLC, by DeWalt Corporation to change the permitted uses from multi-family residential to retail commercial on 10 acres located at the southwest corner of Merle Haggard Drive and North Chester Avenue, Oildale area, north Bakersfield (SD #1) Specific Request: (a) Amend the Metropolitan Bakersfield General Plan from Map Code(s) HMR to Map Code(s) MC or a more restrictive map code designation (GPA #13, Map #102-1) (b) A change in zone classification from R-2 PD to C-2 PD or a more restrictive district (ZCC #37, Map #102-1) (Negative Declaration; Published Bakersfield Californian) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTIONS 2009-119 AND 2009-120 AND ENACTED ORDINANCE G-7854 APPROVING GENERAL PLAN AMENDMENT, AS REQUESTED, AND APPROVING ZONE CHANGE WITH THE ADDITION OF THE H (AIRPORT APPROACH HEIGHT COMBINING) DISTRICT Watson-Maben: All Ayes

10) Request from Airstreams, LLC, to change the permitted uses from limited agriculture to light industrial and a conditional use permit to allow for a renewable energy training facility, wind turbine, and solar field on 33.12 acres located at the northeast corner of Tehachapi- Willow Springs Road and Abajo Avenue, Tehachapi (SD #2) Specific Request: (a) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code(s) 8.1 to Map Code(s) 7.1 or a more restrictive map code designation (GPA #10, Map #166) (b) A change in zone classification from A-1 to M-1 PD or a more restrictive district (ZCC #39, Map #166) (c) A Conditional Use Permit to allow a wind energy training institute which includes up to 38,000 square feet of office space in four buildings, an 80-foot-tall wind turbine, and 14 acres of solar energy production (Section 19.36.030.G) in an M-1 PD District (CUP #35, Map #166) (Special Situation, Section 15183; Published Tehachapi News) - OPENED HEARING; PENNY MELKO; DAVE JAMES, COMMUNITY DEVELOPMENT DIRECTOR, CITY OF TEHACHAPI; LINDA PARKER, EXECUTIVE DIRECTOR, KERN WIND ENERGY ASSOCIATION; LARRY BOARD, CERRO COSO COMMUNITY COLLEGE; AND MARVIN DEAN, HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED RESOLUTIONS 2009-121, 2009-122 AND 2009-123 AND ENACTED ORDINANCE G-7855 APPROVING GENERAL PLAN AMENDMENT AND ZONE CHANGE, AS REQUESTED, AND APPROVING CONDITIONAL USE PERMIT, SUBJECT TO CONDITIONS Maben-Rubio: All Ayes

Summary of Proceedings Page 19 Board of Supervisors Regular Meeting – 2:00 P.M. 4/21/2009

11) Request from Gabriel Cruz by Pinnacle Civil Engineering, Inc., to change the permitted uses from agricultural to industrial and to waive requirement for sewer on three acres located at 2055 McKee Road, south of Bakersfield (SD #2) Specific Request: (a) Amend the Metropolitan Bakersfield General Plan from Map Code(s) R-IA to Map Code(s) SI or a more restrictive map code designation (GPA #1, Map #123-36) (b) A change in zone classification from A to M-2 PD or a more restrictive district (ZCC #14, Map #123-36) (c) A Precise Development Plan for truck parking and an off-site advertising sign in an M-2 PD District (PD Plan #7, Map #123-36) (d) Exclusion of approximately three acres from the boundaries of an Agricultural Preserve (Ag Pres #11 - Excl) (Negative Declaration; Published Bakersfield Californian) - CONTINUED TO TUESDAY, MAY 19, 2009, AT 2:00 P.M. Maben-Rubio: All Ayes

CA-12) Request from Beacon Solar, LLC, by Pinnacle Civil Engineering, Inc., to eliminate future road reservations on section and midsection lines in Sections 32 and 33, T30S, R37E and Sections 3, 4, 5, 6, 7, 8 and 9, T31S, R37E, located along the California State Route 14 corridor, approximately 10 miles northwest of California City (SD #2) Specific Request: (a) and (b) Amend the Circulation Element of the Kern County General Plan to eliminate future road reservations on section and midsection lines as major highway and secondary highway alignments in Sections 32 and 33, T30S, R37E and Sections 3, 4, 5, 6, 7, 8 and 9, T31S, R37E (GPA #2, Map #133; GPA #2, Map #152) (Special Situation, Section 15183 and 15271 and General Rule, Section 15061(b)(3); Published Mojave Desert News) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED RESOLUTION 2009-124 APPROVING GENERAL PLAN AMENDMENTS AS REQUESTED Watson-Maben: All Ayes

CA-13) Request from Kern County Planning Department to change the permitted uses from exclusive agriculture to heavy industrial on 15.28 acres and exclude 258.28 acres from the boundaries of an agricultural preserve located at 1710 Golden Cat Road, approximately two miles west of the City of Maricopa (SD #4) Specific Request: (a) Amend the Land Use, Open Space and Conservation Element of the Kern County General Plan from Map Code(s) 1.1 to Map Code(s) 7.3/2.4 and 8.5/2.4 or a more restrictive map code designation (GPA #2, Map #207) (b) A change in zone classification from A to M-3 or a more restrictive district (ZCC #7, Map #207) (c) Exclusion of approximately 258.28 acres from the boundaries of an Agricultural Preserve (Ag Pres #3 - Excl) (General Rule, Section 15061(b)(3); Published Daily Midway Driller) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED RESOLUTIONS 2009-125, 2009-126 AND 2009-127 AND ENACTED ORDINANCE G-7856 APPROVING GENERAL PLAN AMENDMENT AND ZONE CHANGE, AS REQUESTED, AND APPROVING EXCLUSION Watson-Maben: All Ayes

Summary of Proceedings Page 20 Board of Supervisors Regular Meeting – 2:00 P.M. 4/21/2009

DEPARTMENTAL REQUESTS

RESOURCE MANAGEMENT AGENCY Planning Department Miscellaneous S.D. #5

CA-14) Request from Gurdev Singh and Balwinder Kaur for Determination of Public Convenience for the issuance of an off-sale general alcohol license at 3901 Niles Street, Bakersfield, pursuant to the Alcohol Beverage Control Act, Section 23958 of the Business and Professions Code (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION 2009-128 Watson-Maben: All Ayes

CA-15) Request from Elena and Hugo Mayen Aldana for Determination of Public Convenience for the issuance of an off-sale beer and wine license at 1440 Weedpatch Highway near Lamont, pursuant to the Alcohol Beverage Control Act, Section 23958 of the Business and Professions Code (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION 2009-129 Watson-Maben: All Ayes

RESOURCE MANAGEMENT AGENCY Animal Control Department All S.D.’s

CA-16) Monthly Report for Animal Control Department (Fiscal Impact: None) - RECEIVED AND FILED Watson-Maben: All Ayes

RESOURCE MANAGEMENT AGENCY Engineering and Survey Services Continued Hearing S.D. #2

17) Continued hearing to consider adjustments to Administrative Penalties, consider further enforcement actions and report on the failure to apply for a Conditional Use Permit following the March 3, 2009, determination of a public nuisance and imposition of Administrative Penalties at 19512 Water Canyon Road, Tehachapi, APN 223-442-03, Ms. Kimi Peck (Fiscal Impact: Unknown; Discretionary) (from 3/3/2009) - REOPENED HEARING; BARBARA TACADINA, LOIS HAMILL-SMITH, MICHELLE CUTLER, MICHAEL MACKENZIE, GLEN MUELLER, STEVE BENEDICT, JACKIE SAMUEL, ELLEN HAYS, AND MATTHEW HESS, REPRESENTING KIMI PECK, HEARD; CLOSED HEARING; RECEIVED AND FILED REPORT AND DOCUMENTS; ADOPTED RESOLUTION 2009-130 CONFIRMING THAT PRIMARY USE OF PROPERTY REMAINS A NUISANCE AS DECLARED MARCH 3, 2009, WHICH ANIMAL SHELTER/KENNEL USES LACK THE REQUIRED CONDITIONAL USE PERMIT IN THE EXCLUSIVE AGRICULTURE ZONE DISTRICT; DIRECTED ENGINEERING & SURVEY SERVICES TO POST AND MAIL NOTICE OF DETERMINATION PURSUANT TO ORDINANCE CODE SECTION 8.44.100, AND IF NUISANCE IS NOT ABATED BY REMOVING ALL ANIMALS ON OR BEFORE JUNE 23, 2009, 5:00 P.M., AUTHORIZE AND DIRECT ENGINEERING & SURVEY SERVICES TO USE ABATEMENT FUNDS TO REMOVE ALL THE ANIMALS AND PERFORM NECESSARY INSPECTIONS RELATED TO REMOVAL AND ABATEMENT OF THE NUISANCE Maben-Rubio: 4 Ayes; 1 No - Watson Summary of Proceedings Page 21 Board of Supervisors Regular Meeting – 2:00 P.M. 4/21/2009

Hearing S.D. #4 18) Public hearing on proposed Resolution ordering the extension of Zone of Benefit Nos. 3, 5, 7, 8 and 10 within County Service Area No. 71, and establishing assessments with an escalation clause for Zone of Benefit Nos. 3, 5, 7, 8 and 10 within County Service Area No. 71, determining to adopt and accept an ordinance enacting assessments for the area included within the boundaries extended herein, Tract 6325 and its designated remainder, located south of Hageman Road and east of Wegis Avenue, northwest Bakersfield (Fiscal Impact: $117,360; CSA’s; Budgeted; Mandated) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; TABULATED BALLOTS; CONFIRMED THAT MAJORITY OF BALLOTS SUBMITTED WERE IN FAVOR OF ASSESSMENTS WITH ESCALATION CLAUSE; ENACTED ORDINANCE G-7857 ESTABLISHING ASSESSMENTS; ADOPTED RESOLUTION 2009-131 CONFIRMING ENGINEERING & SURVEY SERVICES DEPARTMENT DIRECTOR’S REPORT AND APPROVING AN ANNUAL ASSESSMENT NOT TO EXCEED $130 PER PARCEL FOR STREET LIGHT MAINTENANCE; $40 PER PARCEL FOR STREET SWEEPING; $100 PER PARCEL FOR DRAINAGE FACILITIES MAINTENANCE; $100 PER PARCEL FOR LANDSCAPE AND WALL MAINTENANCE; $350 PER PARCEL FOR MULTI-USE TRAIL, LANDSCAPE AND WALL MAINTENANCE; DETERMINING TO ADOPT AND ACCEPT AN ORDINANCE ENACTING ASSESSMENTS FOR THE AREA INCLUDED WITHIN THE BOUNDARIES EXTENDED HEREIN Watson-Maben: All Ayes

NOTE: SUPERVISOR MAGGARD LEFT THE DAIS DURING DISCUSSION ON ITEM NO. 19 AND RETURNED TO THE DAIS FOLLOWING THE VOTE ON THE ITEM

S.D. #1 19) Request to establish major maintenance project for Reeder Tract irrigation field repair, area, and approve Appropriation of Unanticipated Revenue from California Emergency Management Agency - "CAL EMA" (Fiscal Impact: $670,700; Not Budgeted; $503,025 Cal EMA Funds; $167,675 General Fund Matching Funds [25% of Project Total]; Discretionary) - APPROVED; APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $180,000 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER IN THE AMOUNT OF $240,000 FROM APPROPRIATIONS FOR CONTINGENCIES TO MAJOR MAINTENANCE BUDGET UNIT 1650 Rubio-Maben: 4 Ayes; 1 Absent - Maggard

Summary of Proceedings Page 22 Board of Supervisors Regular Meeting – 2:00 P.M. 4/21/2009

S.D. #2 CA-20) Request to set public hearing on proposed increased assessments with an escalation clause for County Service Area No. 16, Mojave area (Fiscal Impact: $10,144; CSA’s; Budgeted; Discretionary) - APPROVED; MADE FINDING ACTION IS STATUTORILY EXEMPT FROM CEQA PURSUANT TO SECTION 15273 OF THE STATE CEQA GUIDELINES; SET PUBLIC HEARING FOR TUESDAY, JUNE 9, 2009, AT 2:00 P.M., TO RECEIVE PUBLIC COMMENT AND TABULATE BALLOTS; DIRECTED CLERK OF THE BOARD TO PUBLISH NOTICE OF HEARING AND TO FILE A NOTICE OF EXEMPTION, IF REQUESTED; DIRECTED ENGINEERING & SURVEY SERVICES TO MAIL NOTICES AND BALLOTS, ALONG WITH 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; ADOPTED RESOLUTION 2009-132 SETTING HEARING TO CONSIDER INCREASED ASSESSMENTS WITHIN COUNTY SERVICE AREA NO. 16 AND SET HEARING TO CONSIDER LEVYING ASSESSMENTS AND ESTABLISHING THE FORMULA FOR SETTING AN ASSESSMENT FOR FUTURE YEARS WITHIN COUNTY SERVICE AREA NO. 16 Watson-Maben: All Ayes

S.D. #3

CA-21) Request to set public hearing on proposed increased assessments with an escalation clause for County Service Area No. 71.2, west Bakersfield area (Fiscal Impact: $4,760; CSA’s; Budgeted; Discretionary) - APPROVED; MADE FINDING ACTION IS STATUTORILY EXEMPT FROM CEQA PURSUANT TO SECTION 15273 OF THE STATE CEQA GUIDELINES; SET PUBLIC HEARING FOR TUESDAY, JUNE 9, 2009, AT 2:00 P.M., TO RECEIVE PUBLIC COMMENT AND INPUT; DIRECTED CLERK OF THE BOARD TO PUBLISH NOTICE OF HEARING AND TO FILE A NOTICE OF EXEMPTION, IF REQUESTED; DIRECTED ENGINEERING & SURVEY SERVICES TO PREPARE AN ENGINEER’S REPORT AND MAIL THE PROPERTY OWNERS WITHIN THE COUNTY SERVICE AREA A NOTICE OF THE HEARING AND INFORMATION REGARDING THE PROPOSED INCREASED ASSESSMENTS AS REQUIRED BY ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION; ADOPTED RESOLUTION 2009-133 SETTING HEARING TO CONSIDER INCREASED ASSESSMENTS WITHIN COUNTY SERVICE AREA NO. 71.2 AND SET HEARING TO CONSIDER LEVYING ASSESSMENTS AND ESTABLISHING THE FORMULA FOR SETTING AN ASSESSMENT FOR FUTURE YEARS WITHIN COUNTY SERVICE AREA NO. 71.2 Watson-Maben: All Ayes

Summary of Proceedings Page 23 Board of Supervisors Regular Meeting – 2:00 P.M. 4/21/2009

S.D. #4 CA-22) Request to set public hearing on proposed increased assessments with an escalation clause for County Service Area No. 71.1, west Bakersfield area (Fiscal Impact: $2,540; CSA’s; Budgeted; Discretionary) - APPROVED; MADE FINDING ACTION IS STATUTORILY EXEMPT FROM CEQA PURSUANT TO SECTION 15273 OF THE STATE CEQA GUIDELINES; SET PUBLIC HEARING FOR TUESDAY, JUNE 9, 2009, AT 2:00 P.M., TO RECEIVE PUBLIC COMMENT AND INPUT; DIRECTED CLERK OF THE BOARD TO PUBLISH NOTICE OF HEARING AND TO FILE A NOTICE OF EXEMPTION, IF REQUESTED; DIRECTED ENGINEERING & SURVEY SERVICES TO PREPARE AN ENGINEER’S REPORT AND MAIL THE PROPERTY OWNERS WITHIN THE COUNTY SERVICE AREA A NOTICE OF THE HEARING AND INFORMATION REGARDING THE PROPOSED INCREASED ASSESSMENTS AS REQUIRED BY ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION; ADOPTED RESOLUTION 2009-134 SETTING HEARING TO CONSIDER INCREASED ASSESSMENTS WITHIN COUNTY SERVICE AREA NO. 71.1 AND SET HEARING TO CONSIDER LEVYING ASSESSMENTS AND ESTABLISHING THE FORMULA FOR SETTING AN ASSESSMENT FOR FUTURE YEARS WITHIN COUNTY SERVICE AREA NO. 71.1 Watson-Maben: All Ayes

S.D. #5 CA-23) Request for approval of completed street and drainage improvements and release of Faithful Performance Security in Subdivision Improvement Agreement, Parcel Map 11364, northwest corner of Panama Road and Weedpatch Highway, and proposed Resolution for acceptance of Panama Road into the County road system and acceptance of street improvements for maintenance (Fiscal Impact: None) - APPROVED COMPLETED STREET AND DRAINAGE IMPROVEMENTS; RELEASED FAITHFUL PERFORMANCE BOND NO. 1000759422, IN THE AMOUNT OF $146,571, UNDERWRITTEN BY AMERICAN CONTRACTORS INDEMNITY COMPANY; RELEASED LABORERS AND MATERIALMEN BOND NO. 1000759422, IN THE AMOUNT OF $73,286, UNDERWRITTEN BY AMERICAN CONTRACTORS INDEMNITY COMPANY; ADOPTED RESOLUTION 2009-135 FOR ACCEPTANCE OF PANAMA ROAD WITHIN PARCEL MAP 11364, INTO THE COUNTY ROAD SYSTEM AND ACCEPTANCE OF STREET IMPROVEMENTS FOR MAINTENANCE Watson-Maben: All Ayes

All S.D.’s CA-24) Proposed Resolutions authorizing the Director of Engineering & Survey Services, as of April 3, 2009, to sign and submit stimulus subsidy fund applications and documents for construction of sewer improvements and waste water related projects in the unincorporated areas or communities of Lake Shore Pines, South Weedpatch, South Taft, Reeder Tract and South Shafter (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTIONS 2009-136 THROUGH 2009-140 Watson-Maben: All Ayes

Summary of Proceedings Page 24 Board of Supervisors Regular Meeting – 2:00 P.M. 4/21/2009

RESOURCE MANAGEMENT AGENCY Environmental Health Services All S.D.’s

CA-25) Request for Purchasing Agreement with Thermo Fisher Scientific, under an agreement with California Department of Public Health, to purchase an XRF Niton Lead Analyzer for use in childhood lead poisoning investigations, in an amount not to exceed $18,694 (Fiscal Impact: $18,694; State Grant; Not Budgeted; Discretionary) - APPROVED; REFERRED TO PURCHASING DEPARTMENT Watson-Maben: All Ayes

CA-26) Unusual travel request for Environmental Health Specialist, Vicky Cheung, to attend a process safety and risk management course in San Diego, from May 17, 2009 through May 22, 2009, in an amount not to exceed $4,913 (Fiscal Impact: $4,913; Not Budgeted; Discretionary) - APPROVED Watson-Maben: All Ayes

ITEM NOS. 27 AND 28 WERE HEARD CONCURRENTLY

RESOURCE MANAGEMENT AGENCY Roads Department Hearings S.D. #2 27) Public Hearing to consider declaring apparent low bidder, Pacific Engineering Company, non-responsible and identifying the second low bid of Bowman Asphalt, Inc., as apparent low bid, Contract 08044 for construction on McKee Road from Shannon Drive to Union Avenue, Bakersfield, in an amount not to exceed $259,637.89 (Fiscal Impact: $259,637.89; State Safe Routes to Schools Program; Budgeted; Discretionary) - OPENED HEARING; MARVIN DEAN; DAN KLINGENBERGER, REPRESENTING PACIFIC ENGINEERING COMPANY; JAIME BRICENO; SAMUEL LANDEROS; ALONSO CLEVELAND BEREEN; GARLAND FRINK; AYODEJI OGUNDARE, OWNER, PACIFIC ENGINEERING COMPANY; FREDERICK WRIGHT; AND ALBERT PRINCE, BOND BROKER, HEARD; CLOSED HEARING; IDENTIFIED PACIFIC ENGINEERING COMPANY AS RESPONSIBLE LOW BIDDER, SUBJECT TO VERIFICATION OF BONDING; AUTHORIZED ROADS TO PREPARE NECESSARY CONTRACT DOCUMENTS AND RELEASE ALL OTHER BID GUARANTEES Maben-Rubio: All Ayes

Summary of Proceedings Page 25 Board of Supervisors Regular Meeting – 2:00 P.M. 4/21/2009

S.D. #5 28) Public Hearing to consider declaring apparent low bidder, Pacific Engineering Company, non-responsible and identifying the second low bid of Dirt Worx, Inc., as apparent low bid, Contract 09009 for construction on Lamont Curb Ramps, in an amount not to exceed $72,512.20 (Fiscal Impact: $72,512.20; Community Development Block Grant Funds; Budgeted; Discretionary) - OPENED HEARING; MARVIN DEAN; DAN KLINGENBERGER, REPRESENTING PACIFIC ENGINEERING COMPANY; JAIME BRICENO; SAMUEL LANDEROS; ALONSO CLEVELAND BEREEN; GARLAND FRINK; AYODEJI OGUNDARE, OWNER, PACIFIC ENGINEERING COMPANY; FREDERICK WRIGHT; AND ALBERT PRINCE, BOND BROKER, HEARD; CLOSED HEARING; IDENTIFIED PACIFIC ENGINEERING COMPANY AS RESPONSIBLE LOW BIDDER, SUBJECT TO VERIFICATION OF BONDING; AUTHORIZED ROADS TO PREPARE NECESSARY CONTRACT DOCUMENTS AND RELEASE ALL OTHER BID GUARANTEES Rubio-Maben: All Ayes

S.D. #1 CA-29) Contract No. 09003, request to rescind identification of apparent low bid for construction on Seventh Standard Road from 0.5 miles west of Santa Fe Way to Coffee Road (Fiscal Impact: None) - APPROVED Watson-Maben: All Ayes

CA-30) Proposed Contract No. 08033 with Bowman Asphalt, Inc., for construction on Famoso Porterville Highway from Driver Road to County Line Road, McFarland, in an amount not to exceed $1,828,081.38 (Fiscal Impact: $1,828,081.38; Federal CMAQ and RSTP Funds; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 243-2009 Watson-Maben: All Ayes

CA-31) Contract No. 08025, Notice of Completion with Granite Construction Company for construction on Lake Isabella Boulevard from Lake Isabella Park to Erskine Creek Road (Fiscal Impact: None) - RECEIVED AND FILED Watson-Maben: All Ayes

S.D. #4 CA-32) Proposed Contract No. 08046 with Bowman Asphalt, Inc., for construction on Corcoran Road from County Line to 5.0 miles south, Lost Hills, in an amount not to exceed $880,235.68 (Fiscal Impact: $880,235.68; Federal RSTP Funds; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 244-2009 Watson-Maben: All Ayes

CA-33) Contract No. 08030, Notice of Completion with Granite Construction Company for construction on Stine Road from Wood Lane to 0.2 miles north of Belle Terrace (Fiscal Impact: None) - RECEIVED AND FILED Watson-Maben: All Ayes

Summary of Proceedings Page 26 Board of Supervisors Regular Meeting – 2:00 P.M. 4/21/2009

S.D. #5 CA-34) Contract No. 09013, identify apparent low bid of Concrete Cutting Unlimited, Inc., for construction on Crawford Street, Water Street, and Jeffrey Street from Alta Vista Drive to North Inyo Street, Bakersfield, in an amount not to exceed $105,867.74 (Fiscal Impact: $105,867.74; Community Development Block Grant Funds; Budgeted; Discretionary) - IDENTIFIED APPARENT LOW BID; AUTHORIZED ROADS TO PREPARE NECESSARY CONTRACT DOCUMENTS AND RELEASE ALL OTHER BID GUARANTEES Watson-Maben: All Ayes

CA-35) Proposed Resolution to accept implied offer of dedication, acknowledgement of public acceptance by use, finding and declaration of public road right-of-way and inclusion into the County road system as a portion of Zephyr Lane at Whittendale Street, Bakersfield (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION 2009-141 Watson-Maben: All Ayes

CA-36) Proposed Resolution to accept portion of offer of dedication, or portions thereof, declaration as a public highway and incorporation into the County road system as a portion of Zephyr Lane between Sterling Road and Fairfax Road, Bakersfield (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION 2009-142 Watson-Maben: All Ayes

S.D.’s #1, #2, #3 & #5 CA-37) Contract No. 09022, Plans, Specifications and Notice to Contractors for manufacture and delivery of asphalt concrete stockpile at various locations in eastern Kern County (Fiscal Impact: $1,828,000; Proposition 1B Funds; Budgeted; Discretionary) - MADE FINDING THAT PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF CEQA, PER SECTION 15301(C) OF STATE CEQA GUIDELINES; AUTHORIZED ROADS TO FILE NOTICE OF EXEMPTION; APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED ROADS TO PUBLISH NOTICE TO CONTRACTORS IN A NEWSPAPER OF GENERAL CIRCULATION, PURSUANT TO SECTION 20392 OF PUBLIC CONTRACT CODE; BID OPENING TO BE WEDNESDAY, MAY 20, 2009, AT 11:00 A.M. Watson-Maben: All Ayes

S.D.’s #1, #2, #4 & #5 CA-38) Contract No. 09021, Plans, Specifications and Notice to Contractors for manufacture and delivery of asphalt concrete stockpile and windrow stockpile at various locations in Kern County (Fiscal Impact: $3,260,000; Proposition 1B Funds; Budgeted; Discretionary) - MADE FINDING THAT PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF CEQA, PER SECTION 15301(C) OF STATE CEQA GUIDELINES; AUTHORIZED ROADS TO FILE NOTICE OF EXEMPTION; APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED ROADS TO PUBLISH NOTICE TO CONTRACTORS IN A NEWSPAPER OF GENERAL CIRCULATION, PURSUANT TO SECTION 20392 OF PUBLIC CONTRACT CODE; BID OPENING TO BE WEDNESDAY, MAY 20, 2009, AT 11:00 A.M. Watson-Maben: All Ayes

Summary of Proceedings Page 27 Board of Supervisors Regular Meeting – 2:00 P.M. 4/21/2009

All S.D.’s CA-39) Proposed sponsorship of Kern Transportation Foundation’s Forum 2009 entitled "Update on Transportation in Kern County", in an amount not to exceed $500 (Fiscal Impact: $500; Road Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO MAKE PAYMENT Watson-Maben: All Ayes

WASTE MANAGEMENT Hearing All S.D.’s

CA-40) Public Hearing to consider the report, "2009 Solid Waste Administration Fee for Franchise Garbage Haulers", and establishing and assessing the 2009 Administration Fee (Fiscal Impact: $185,100 Revenue; Solid Waste Enterprise Fund; Budgeted; Mandated) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15061(b)(3); DIRECTED CLERK OF THE BOARD TO FILE NOTICE OF EXEMPTION; ADOPTED RESOLUTION 2009-143 Watson-Maben: All Ayes

COUNTY ADMINISTRATIVE OFFICE

CA-41) Proposed response to Grand Jury report entitled Kern County Sheriff’s Property Room (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE Watson-Maben: All Ayes

CA-42) Request for authorization for County Administrative Office to coordinate formation and activities of 2010 Census Complete Count Committee in collaboration with U.S. Census Bureau (Fiscal Impact: None) - APPROVED Watson-Maben: All Ayes

CA-43) Proposed Amendment No. 2 to Agreement 1080-2006 with Chimienti & Associates for additional one-time COBRA administrative services at a cost of $7.50 per notice/letter (Fiscal Impact: $9,000; Not Budgeted; Mandated) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 245-2009 Watson-Maben: All Ayes

CA-44) Proposed Amendment No. 7 to Agreement 189-2005 with HealthSmart Solutions, Inc., extending the term through August 31, 2009 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 246-2009 Watson-Maben: All Ayes

Summary of Proceedings Page 28 Board of Supervisors Regular Meeting – 2:00 P.M. 4/21/2009

CA-45) Request to appropriate unanticipated revenue in Unemployment Internal Service Fund, and to borrow from the Group Health Internal Service Fund to resolve temporary cash flow issue in the Unemployment Internal Service Fund (Fiscal Impact: $500,000; Unemployment Internal Service Fund; Not Budgeted; Mandated) - APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $500,000 TO APPROPRIATIONS FOR CONTINGENCIES IN UNEMPLOYMENT INTERNAL SERVICE FUND (30015); APPROVED BUDGET TRANSFER FROM APPROPRIATIONS FOR CONTINGENCIES (FUND 30015) TO BUDGET UNIT 8980 IN THE AMOUNT OF $500,000; AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO BORROW CASH FOR UNEMPLOYMENT INTERNAL SERVICE FUND (30015) FROM GROUP HEALTH INTERNAL SERVICE FUND (30010) AS NEEDED TO MEET CASH FLOW NEEDS Watson-Maben: All Ayes

CA-46) Request for approval of final transactions necessary to complete Fiscal Year 2008-2009 mid-year budget adjustments (Fiscal Impact: $5,154,663; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR- CONTROLLER-COUNTY CLERK TO IMPLEMENT Watson-Maben: All Ayes

CA-47) Response to referral on March 17, 2009, regarding use of federal Payment in Lieu of Taxes (PILT) revenues (Fiscal Impact: None) - REFERRED TO BUDGET FILE Watson-Maben: All Ayes

CA-48) Response to referral on March 24, 2009, regarding second issuance of Certificates of Participation (Fiscal Impact: None) - RECEIVED AND FILED Watson-Maben: All Ayes

NOTE: ITEM NO. 49 WAS HEARD FOLLOWING ITEM NO. 2

49) Retiree Health Premium Supplement Program (RHPSP) Actuarial Valuation Report as of June 30, 2008 (Fiscal Impact: None) - RECEIVED AND FILED; AUTHORIZED COUNTY ADMINISTRATIVE OFFICE TO ENTER INTO DISCUSSIONS WITH KERN COUNTY EMPLOYEES’ RETIREMENT ASSOCIATION REGARDING INVESTMENT SERVICES FOR RHPSP, OR ALTERNATIVELY, IF NECESSARY, ISSUE A REQUEST FOR PROPOSAL FOR INVESTMENT SERVICES Watson-Rubio: All Ayes

Legislative Matter CA-50) AB 28 regarding use of natural gas to power public agency water pumps (Fiscal Impact: None) - ADOPTED POSITION OF SUPPORT; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE Watson-Maben: All Ayes

Summary of Proceedings Page 29 Board of Supervisors Regular Meeting – 2:00 P.M. 4/21/2009

COUNTY ADMINISTRATIVE OFFICE General Services Division Hearing S.D. #2

CA-51) Proposed Resolution and Ordinance granting pipeline franchise to Crider Mutual Water Company (Fiscal Impact: $1,200 Renewal Fee; $114 Revenue, General Fund; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTION AS APPROPRIATE; ADOPTED RESOLUTION 2009-144 AND ENACTED ORDINANCE F-523 Watson-Maben: All Ayes

S.D. #2 CA-52) Identify apparent low bid and proposed Agreement with Santa Margarita Construction Corporation for the Boron Senior Center Improvements, Phase I Project, in an amount not to exceed $67,050 (8920.22071.07) (Fiscal Impact: $67,050; Community & Economic Development Block Grant; Budgeted; Discretionary) - CONTINUED TO TUESDAY, APRIL 28, 2009, AT 2:00 P.M. Watson-Maben: All Ayes

S.D. #5 CA-53) Identify apparent low bid and proposed Agreement with Graham Prewett, Inc., for the roof replacement at California Avenue Veteran’s Hall, in an amount not to exceed $67,000 (1650.7343.08) (Fiscal Impact: $67,000; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 247-2009 Watson-Maben: All Ayes

CA-54) Identify apparent low bid and proposed Agreement with Graham Prewett, Inc., for the roof replacement at Holloway Gonzales Library, in an amount not to exceed $155,000 (1650.7346.08) (Fiscal Impact: $155,000; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 248-2009 Watson-Maben: All Ayes

CONSIDERATION OF ORDINANCES INTRODUCED MARCH 31, 2009

CA-55) Proposed Ordinance repealing uncodified Ordinances G-5945, G-6549, G-7043 and G-7476 relating to all fees in the Kern County Library Fee Schedule - ENACTED ORDINANCE G-7858 Watson-Maben: All Ayes

MATTERS FOR EXECUTIVE APPROVAL

CA-56) Budget Transfers - APPROVED NOS. 253 THROUGH 265 Watson-Maben: All Ayes

Summary of Proceedings Page 30 Board of Supervisors Regular Meeting – 2:00 P.M. 4/21/2009

CA-57) Minutes for week of March 16, 2009 - APPROVED WITH CHANGES TO MARCH 17, 2009, ITEM NO. 5 A.M. TO CORRECT ALYSSA WELLNER TO ALYSSA BRAGG; AND TO ITEM NO. 47 A.M., TO CORRECT AMENDMENT NO. 2 TO AGREEMENT 366-2008 TO AMENDMENT NO. 2 TO AGREEMENT 386-2008 Watson-Maben: All Ayes

CA-58) Miscellaneous Letters and Documents - APPROVED Watson-Maben: All Ayes

CA-59) Miscellaneous Departmental Referrals by Clerk of the Board - APPROVED AND FILED Watson-Maben: All Ayes

CA-60) Claims and Lawsuits filed with and referred by Clerk of the Board - APPROVED AND FILED Watson-Maben: All Ayes

ADJOURNED TO MONDAY, APRIL 27, 2009, AT 1:00 P.M. FOR CLOSED SESSION Watson

/s/ Kathleen Krause Clerk of the Board

/s/ Jon McQuiston Chairman, Board of Supervisors Summary of Proceedings Page 31 Board of Supervisors Regular Meeting – 2:00 P.M. 4/21/2009

58) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED

Animal Control

A) Twenty-four (24) thank you letters for donations to the Kern County animal shelters (Copies to each Supervisor and CAO)

Clerk of the Board

B) Monthly Referral Report for March, 2009

C) Received, certified and transmitted to Recorder for recordation as follows: 1) Parcel Map 11440 S.D. #1 2) Parcel Map 11442 S.D. #2

County Administrative Office

D) Amendment to Administrative Policy and Procedures Manual, Section 131 to reflect current procedures regarding extra help applications, and Section 1117 to delete the reference to Superior Court judges

County Counsel

E) Response to referral to Rob Johnson re enforcement of California Government Codes regarding design and improvement of subdivisions and notification to property owners (Copies to each Supervisor, CAO, Engineering & Survey Services, Roads and Planning)

F) Response to referral to Carlos L’Dera re Rapid Cable/CalNeva and applicable California Codes (Copies to each Supervisor, CAO and General Services)

Employers’ Training Resource

G) Workforce Investment Act On-the-Job Training Agreements: 1) Airstreams Renewables, Inc., WIA Title 307/501, dated March 19, 2009 2) Shar-Craft, Inc. dba Seal & Packing Supply, WIA Title 201, dated March 11, 2009 3) Source One Payment Systems dba Meridian Payment Systems, WIA Title 307/501, dated March 2, 2009 4) Source One Payment Systems dba Meridian Payment Systems, WIA Title 501, dated March 16, 2009

General Services

H) Acceptance of Franchise from Coram California Development, LP, in compliance with Franchise Ordinance F-522

I) Acceptance of Franchise from Sagebrush Partnership in compliance with Franchise Ordinance F-520

J) Franchise Bond No. 0474382 from International Fidelity Insurance Company for Wm. Bolthouse Farms, in compliance with Franchise Ordinance F-422, and replacing Bank of America Certificate of Deposit No. 1476 dated February 16, 1999

Summary of Proceedings Page 32 Board of Supervisors Regular Meeting – 2:00 P.M. 4/21/2009

Local Agency Formation Commission

K) Resolution No. 09-11, Proceeding No. 1573, in the matter of City of Bakersfield, Annexation No. 591 (Brimhall No. 14) (Copies to each Supervisor, CAO and Resource Management Agency)

L) Resolution No. 09-12, Proceeding No. 1574, in the matter of County Service Area No. 63, Annexation No. 18 (Copies to each Supervisor, CAO and Resource Management Agency)

M) Resolution No. 09-13, Proceeding No. 1575, in the matter of City of Bakersfield, Annexation No. 615 (Berkshire No. 5) (Copies to each Supervisor, CAO and Resource Management Agency)

N) Resolution No. 09-02, Proceeding No. 1567, in the matter of Greater Bakersfield Separation of Grade District, Annexation No. 4 (Copies to each Supervisor, CAO and Resource Management Agency)

O) Resolution No. 09-14, Proceeding No. 1567, in the matter of Greater Bakersfield Separation of Grade District, Annexation No. 4 (Copies to each Supervisor, CAO and Resource Management Agency)

P) Notice of Protest Hearing, Proceeding No. 1565, in the matter of City of Bakersfield, Annexation No. 600; and Greenfield County Water District, Annexation No. 43 (South "H" Street No. 1) (Copies to each Supervisor, CAO and Resource Management Agency)

Q) Notice of Hearing, Proceeding No. 1576, in the matter of City of Bakersfield, Annexation No. 603; North of the River Sanitary District No. 1, Annexation No. 94, Reorganization (Verdugo No. 1) (Copies to each Supervisor, CAO and Resource Management Agency)

R) Notice of Hearing, Proceeding No. 1577, in the matter of City of Tehachapi, Annexation No. 83 (Copies to each Supervisor, CAO and Resource Management Agency)

S) Notice of Hearing, Proceeding No. 1578, in the matter of Lost Hills Utility District, Annexation No. 14, Sphere Amendment (Copies to each Supervisor, CAO and Resource Management Agency)

Planning

T) Response to Mary Ann LeBlanc re comments concerning Draft Environmental Impact Report for Service Rock Products Garlock Pit Project (Copies to each Supervisor, CAO, Planning and County Counsel)

Probation

U) Minutes of meeting on November 26, 2008, from Kern County Juvenile Justice Coordinating Council

Roads

V) Recorded Irrevocable Offer of Dedication from D.J. Holdings & Foodmart and Gurvinder S. Jhaj and Hardeep K. Sohi for additional right-of-way on Edison Highway and Comanche Road (Document No. 0209036859)

W) Recorded Irrevocable Offer of Dedication from Norman D. Etchison and Ruby M. Etchison, Trustees of the Etchison Living Trust dated August 9, 1995, for additional right-of-way on DiGiorgio Road between Rose Street and Lowe Street, Lamont (Document No. 0209039131) Summary of Proceedings Page 33 Board of Supervisors Regular Meeting – 2:00 P.M. 4/21/2009

Treasurer-Tax Collector

X) Pooled Cash Portfolio Analysis for month ended February 28, 2009

Y) Notification of Report of Compliance, 2008 Conflict of Interest Statements for Kern County Treasury Oversight Committee (KCTOC)

Miscellaneous

Z) Letter from Jeffrey R. Single, State Department of Fish and Game, re comments concerning the Mitigated Negative Declaration for the Aero Energy wind project (Copies to each Supervisor, CAO, Planning and County Counsel)

AA) Letter from Marci Madsen, Gottschalks, re notice for Worker Adjustment and Retraining Notification (WARN) Act re store closure and layoff of all employees on or about June 1, 2009 (Copies to each Supervisor, CAO and Employers’ Training Resource)

BB) Letter from Rob Duchow, Southern California Gas Company, re notice of meetings to consider new or increased fees or service charges (Copies to General Services, Property Management, Resource Management Agency and Waste Management)

CC) Letter from Sylvia Milligan, Recreation Outdoors Coalition, to Tina Terrell, Sequoia National Forest re the region’s travel management planning process (Copies to each Supervisor, CAO and Parks & Recreation)

DD) Letter from Elaine Myers in opposition to Washington’s Public-Private Investment Program (Copies to each Supervisor and CAO)

EE) Six (6) letters from Ken Morgan, Tejon Indian Tribe, re hearing notices received for six future planning cases (Copies to each Supervisor, CAO, Planning and County Counsel)

FF) Letter from Sherrie Fonbuena, State Fish and Game Commission, re notice of proposed emergency regulatory action relating to incidental take of Pacific fisher (Copies to each Supervisor, CAO and Resource Management Agency)

GG) Letter from Teresa L. McFarland re request to investigate hiring practices of Kern Medical Center (Copies to each Supervisor, CAO, Personnel, Kern Medical Center and County Counsel)

HH) Letter from Lorry Wagner, Larry Wagner and Winifred Chappell in opposition to proposal to split a five-acre parcel into two parcels (Tentative Parcel Map No. 11673), Inyokern (Copies to each Supervisor, CAO, Planning, Environmental Health and County Counsel)

I I) Letter from Alice Silverthorn, Verizon Wireless, re removal and replacement of equipment at Taft cell site, 3300 Midway Road, Taft (APN 298-050-394) (Copies to each Supervisor, CAO and Planning)

JJ) Letter from Alice Silverthorn, Verizon Wireless, re removal and replacement of equipment at Shafter cell site, 19233 Beech Avenue, Shafter (APN 090-260-12) (Copies to each Supervisor, CAO and Planning)

KK) Letter from Alice Silverthorn, Verizon Wireless, re removal and replacement of equipment at Stockdale cell site, 1115 Buena Vista Road, Bakersfield (APN 522-010-164) (Copies to each Supervisor, CAO and Planning) Summary of Proceedings Page 34 Board of Supervisors Regular Meeting – 2:00 P.M. 4/21/2009

LL) Letter from Bernice L. Rankin and Janet L. Arroyo in opposition to proposal to split a five-acre parcel into two parcels in Inyokern (Copies to each Supervisor, CAO and Planning)

MM) Letter from Richard Peterson, Flying J Transportation, LLC, re notice for Worker Adjustment and Retraining Notification (WARN) Act re layoffs at terminal located at 3102 Gibson Street between May 29 and June 12, 2009 (Copies to each Supervisor, CAO and Employers’ Training Resource)

NN) Letter from Donald F. Peterson, Peterson Consulting, Inc., to Senator Roy Ashburn re Board support of SB 560 concerning emissions credits to counties with military installations (Copies to each Supervisor, CAO, Resource Management Agency and County Counsel)

OO) Letter and petition of protest from Stanley Rankin in opposition to proposal to split a five-acre parcel into two parcels (Tentative Parcel Map No. 11673), Inyokern (Copies to each Supervisor, CAO, Planning and County Counsel)

PP) Letter from Rob Wondoloski, MetroPCS, re new cell site LAB051B / I-5 Lost Hills, 14800 Block of Buford Street, Lost Hills (APN 069-171-11-9) (Copies to each Supervisor, CAO, Planning and Property Management)

QQ) Letter from Robert B. Cooke, State Department of Water Resources, re petition for change to consolidate the State Water Project, Central Valley Project and Friant Authorized Places of Use (Copies to each Supervisor, CAO and Resource Management Agency)

RR) Letter from Sherrie Fonbuena, State Fish and Game Commission, re continuation notice of proposed regulatory action relating to commercial halibut trawl gear (Copies to each Supervisor, CAO and Resource Management Agency)

SS) Letter from Leslie F. Grober, State Water Resources Control Board, re notice of petition for temporary change involving the transfer of up to 3,500 acre-feet of water from River Garden Farms Company to the Department of Water Resources’ Drought Water Bank under License No. 1718 (Application No. 575) (Copies to each Supervisor, CAO and Resource Management Agency)

TT) Letter from Southern California Edison re 2008 Franchise Payment and Supplemental Payment concerning their electric franchise (Copies to General Services and County Counsel)

UU) E-mail from Joe Johnson in opposition to a new $115,000,000 bond (Copies to each Supervisor and CAO)

VV) E-mail from Annette Morgan in opposition to potential trail closures and limits to lake access at Lake Isabella by U.S. Forest Service (Copies to each Supervisor and CAO)

WW) E-mail from Chris Horgan, Stewards of the Sequoia, re article concerning meeting to discuss closures around Lake Isabella (Copies to each Supervisor, CAO and Resource Management Agency)

XX) E-mail from Janet Westbrook in opposition to spot zoning to allow the Bella Rosa Nursery of Gene and Kari Hunter in an E-5 residential area (Copies to each Supervisor, CAO, Planning and County Counsel)

Summary of Proceedings Page 35 Board of Supervisors Regular Meeting – 2:00 P.M. 4/21/2009

YY) E-mail from Robert L. and Sheila K. Rockwell in opposition to spot zoning to allow the Bella Rosa Nursery of Gene and Kari Hunter in an E-5 residential area (Copies to each Supervisor, CAO, Planning and County Counsel)

ZZ) E-mail from Linda Brosi, Fresno County, re letter to Governor Schwarzenegger concerning the California drought (Copies to each Supervisor, CAO and Resource Management Agency)

AAA) E-mail from Barbara Featherston re usage of grey water (Copies to each Supervisor, CAO and Resource Management Agency)

BBB) E-mail from Ed Waldheim in support of Service Rock Products Garlock Pit (Copies to each Supervisor, CAO, Planning and County Counsel)

CCC) E-mail from Lou Peralta, Economic Development Corporation (EDC) Director and Business Person, in support of Service Rock Products Garlock Pit (Copies to each Supervisor, CAO, Planning and County Counsel)

DDD) E-mail from Mary Ann LeBlanc, California City Economic Development Corporation, re letters from James H. Quiggle in support of Service Rock Products Garlock Pit (Copies to each Supervisor, CAO, Planning and County Counsel)

EEE) E-mail from Randy Powers thanking Kern County Department of Human Services, Mojave office, for services provided to him (Copies to each Supervisor, CAO and Department of Human Services)

FFF) E-mail from Veronica V. Petrovsky, U.S. Army Corps of Engineers, re Lake Situation Report (Copies to each Supervisor, CAO, Resource Management Agency, Engineering & Survey Services, Office of Emergency Services, Fire and County Counsel)

GGG) Franchise Statement from Southern California Edison Company for Calendar Year ended December 31, 2009, Franchise Ordinance F-71 (Copies to General Services and County Counsel)

HHH) Notices from State Department of Alcoholic Beverage Control re applications for alcoholic beverage licenses from: Saleem Rubina, 4010 Wible Road, Bakersfield; Buena Vista Concessions, Lake Webb, Taft; Greenfield Discount Mart, 301 Taft Highway, Suite B, Bakersfield; GR Foodfair Market, 3901 Niles Street, Bakersfield; and Las Adelitas, 8655 So. Union Avenue, Bakersfield (Copies to each Supervisor, CAO, Planning and Environmental Health)

I I I) Notice from Sequoia National Forest, Giant Sequoia National Monument (GSNM) re GSNM public comment portal (Copies to each Supervisor, CAO and Resource Management Agency)

JJJ) Notice from State Water Resources Control Board re petition requesting change in place of use for certain water rights of the Department of Water Resources and Bureau of Reclamation and notice of public hearing and pre-hearing conference (Copies to each Supervisor, CAO and Resource Management Agency)

KKK) Notice from State Fish and Wildlife Service re opportunity to comment in review of species protected under the Federal Endangered Species Act (Copies to each Supervisor, CAO, Resource Management Agency and County Counsel)

Summary of Proceedings Page 36 Board of Supervisors Regular Meeting – 2:00 P.M. 4/21/2009

LLL) Notice of Trustee’s Sale from Quality Loan Service Corp. re property of Craig Thomas located at 123 Misty Meadow Drive, Bakersfield (APN 491- 312-31-00 and 491-312-31-00-0) (Copy to Property Management)

MMM) Notice of Trustee’s Sale from LPS Default Title & Closing re property of Robert Joseph Weiland located at 2723 Garber Way, Bakersfield (APN 414-083-06-00) (Copy to Property Management)

NNN) Notice of Trustee’s Sale from California Reconveyance Company re property of Antonio Leija and Laura Leija located at 129 Garden Drive, Bakersfield (APN 414-122-05-00) (Copy to Property Management)

OOO) Agenda of meeting from State Fish and Game Commission on Wednesday, April 8, 2009 (Copies to each Supervisor, CAO, Resource Management Agency and County Counsel)

PPP) Agenda of meeting from Early Childhood Council of Kern on Wednesday, April 1, 2009

QQQ) Minutes of meeting from Early Childhood Council of Kern on Wednesday, March 4, 2009

RRR) Minutes of meeting from Regular Commission on Aging on Monday, February 23, 2009

SSS) Minutes of meeting from Executive Committee Commission on Aging on Thursday, March 5, 2009

59) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Letter from Sayed Sadredin, Air Pollution Control District, re American Recovery and Reinvestment Act opportunities and assistance - REFERRED TO COUNTY ADMINISTRATIVE OFFICE (Copies to each Supervisor)

B) Letter from David G. Casnocha, Stradling Yocca Carlson & Rauth, re California Community College Financing Authority, Community College League of California Tax and Revenue Anticipation Note Program, Series 2009A, West Kern Community College District - REFERRED TO COUNTY COUNSEL

C) Letter from David G. Casnocha, Stradling Yocca Carlson & Rauth, re California Community College Financing Authority, Community College League of California Tax and Revenue Anticipation Note Program, Series 2009A, Kern Community College District - REFERRED TO COUNTY COUNSEL

D) Letter from Bernard J. Herman, Bakersfield Museum of Art, requesting support for their art education programs - REFERRED TO BUDGET FILE (Copies to each Supervisor and CAO)

E) Letter from Russell V. Judd, Mercy Hospitals of Bakersfield, re transition of Mercy Medi-Center services to a rapid care area within the Mercy Southwest Hospital Emergency Department at 400 Old River Road, Bakersfield - REFERRED TO COUNTY ADMINISTRATIVE OFFICE (Copies to each Supervisor, CAO, Kern Medical Center, Public Health and Employers’ Training Resource)

Summary of Proceedings Page 37 Board of Supervisors Regular Meeting – 2:00 P.M. 4/21/2009

F) Letter from James Perrault, State Department of Transportation, re forms to complete for County officials for inclusion on the Caltrans website - REFERRED TO COUNTY ADMINISTRATIVE OFFICE

G) E-mail from Rob Johnson re enforcement of California Government Codes concerning design and improvement of subdivisions and notification to property owners - REFERRED TO COUNTY COUNSEL (Copies to each Supervisor, CAO, Engineering & Survey Services and Planning)

H) E-mail from Rob Johnson re questions concerning Arroyo Trail and Termino Trail right-of-way in Frazier Park - REFERRED TO ENGINEERING & SURVEY SERVICES (Copies to each Supervisor, CAO, Planning and County Counsel)

I) E-mail from Carlos L’Dera re Rapid Cable/CalNeva and applicable California Codes - REFERRED TO COUNTY COUNSEL AND GENERAL SERVICES (Copies to each Supervisor and CAO)

60) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY THE CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Ronald Keith Robinson vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

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

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

D) Claim in the matter of Kelly Rose Molloy, Caitlyn McDaniel and Finnian McDaniel vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

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

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

G) Claim in the matter of Brenda Herre vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

H) Claim in the matter of Janice Leigh Beals vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

I) Claim in the matter of Monte Ellis vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

J) Claim in the matter of Robert Kopp vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

K) Claim in the matter of Ronald Van Curtis vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

L) Claim in the matter of Dario Romo vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

M) Claim in the matter of Robin Lindsey vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) Summary of Proceedings Page 38 Board of Supervisors Regular Meeting – 2:00 P.M. 4/21/2009

N) Claim and order to go to small claims court in the matter of Noemi Ruiz vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

O) Small claims subpoena in the matter of Carlos L’Dera vs. Kern County, et al - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

P) Discrimination complaint in the matter of Jack Alan Wifladt vs. Kern County - REFERRED TO COUNTY COUNSEL (Copies to Risk Management and Personnel)

Q) Discrimination complaint in the matter of Jack Alan Wifladt vs. Lorena Becerra (co-respondent) - REFERRED TO COUNTY COUNSEL (Copies to Risk Management and Personnel)

R) Discrimination complaint in the matter of Melissa L. Routh vs. Kern County - REFERRED TO COUNTY COUNSEL (Copies to Risk Management and Personnel)

S) Discrimination complaint in the matter of Gloria A. Haskins vs. Kern County - REFERRED TO COUNTY COUNSEL (Copies to Risk Management and Personnel)