SUMMARY OF PROCEEDINGS

BOARD OF SUPERVISORS - COUNTY OF KERN

1115 Truxtun Avenue Bakersfield,

Regular Meeting Tuesday, January 9, 2007

2:00 P.M.

BOARD RECONVENED

Supervisors: McQuiston, Maben, Maggard, Watson, Rubio ROLL CALL: All Present

CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: ALL ITEMS LISTED WITH A "CA" WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION.

BOARD ACTION SHOWN IN CAPS

PUBLIC PRESENTATIONS

1) This portion of the meeting is reserved for persons to address the Board on any matter not on this agenda but under the jurisdiction of the Board. Board members may respond briefly to statements made or questions posed. They may ask a question for clarification, make a referral to staff for factual information or request staff to report back to the Board at a later meeting. Also, the Board may take action to direct the staff to place a matter of business on a future agenda. SPEAKERS ARE LIMITED TO TWO MINUTES. PLEASE STATE YOUR NAME BEFORE MAKING YOUR PRESENTATION. THANK YOU! - MARY K. SHELL PRESENTED A LETTER AND DONATION IN THE AMOUNT OF $200 TO KERN COUNTY TO BE USED IN THE COUNTY'S DEFENSE OF THE ANTI-SLUDGE ORDINANCE WHICH WAS APPROVED BY KERN COUNTY VOTERS

RECEIVED AND FILED; REFERRED ACCEPTANCE OF DONATION IN THE AMOUNT OF $200 TO THE COUNTY ADMINISTRATIVE OFFICE McQuiston-Watson: All Ayes

BOARD MEMBER ANNOUNCEMENTS OR REPORTS 2) On their own initiative, Board members may make an announcement or a report on their own activities. They may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda (Gov. Code Sec. 54954.2[a]) - SUPERVISOR MAGGARD PRESENTED A MEMO TO THE BOARD AND COUNTY STAFF REGARDING THE THREAT AT LAKE ISABELLA DAM AND RELEVANT CONSEQUENCES. HE FURTHER DISCUSSED CONTINUED FUNDING ON THIS EFFORT AT THE FEDERAL LEVEL AND ITS EFFECT ON THE WATER TABLE IN BAKERSFIELD.

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KERN COUNTY FIRE CHIEF DENNIS THOMPSON RESPONDED THAT THERE WILL BE A BRIEFING THIS THURSDAY BY THE ARMY CORPS OF ENGINEERS REGARDING THE STATUS ON THE DAM AND A REPORT WILL BE FORTHCOMING TO THE BOARD

SUPERVISOR MCQUISTON ALSO REQUESTED THE COUNTY ADMINISTRATIVE OFFICER BE INCLUDED ON ANY REFERRAL REGARDING THE EFFECT ON THE COUNTY WATER AGENCY

REFERRED TO THE FIRE DEPARTMENT, EMERGENCY SERVICES, RESOURCE MANAGEMENT AGENCY, AND COUNTY ADMINISTRATIVE OFFICE TO REPORT BACK TO THE BOARD ON THE ISSUES PRESENTED BY SUPERVISOR MAGGARD; RECEIVED AND FILED DOCUMENT Maggard-McQuiston: All Ayes

SUPERVISOR RUBIO COMMENDED COUNTY STAFF FOR THEIR EFFORTS ON THE REXLAND ACRES PROJECT

CONTINUED HEARINGS RESOURCE MANAGEMENT AGENCY Planning Department

CA-3) Request from John Martin by John R. Wilson, Engineer, to change the permitted uses from exclusive agriculture to heavy industrial on seven acres located on Nill Avenue and the west side of State Route 99, two miles south of McFarland (SD #1) Specific Request: (a) A change in zone classification from A to M-3 PD or a more restrictive district (ZCC #2, Map #34-19) (b) A Precise Development Plan for the storage of cargo containers in an M-3 PD (Heavy Industrial - Precise Development Combining) District (PD Plan #1, Map #34-19) (Negative Declaration; Published Delano Record) (from 11/14/2006) - PER PLANNING DEPARTMENT RECOMMENDATION, REFERRED BACK TO STAFF Watson-Rubio: All Ayes

CA-4) Request from Ray and Betty Blain by Donald E. Ward to amend the Circulation Element to eliminate the designation of a portion of the Easy Street alignment as a collector/secondary highway alignment located at the southerly continuation of Easy Street, between Banducci Road and Creekside Drive, Cummings Valley area, southwest of Tehachapi (SD #2) Specific Request: Amend the Circulation Element of the Kern County General Plan to eliminate the designation of a portion of the Easy Street alignment as a collector/secondary highway alignment (GPA #5, Map #165-34) (General Rule, Section 15061(b)(3); Published Tehachapi News) (from 12/12/2006) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED RESOLUTION 2007-001 APPROVING GENERAL PLAN AMENDMENT AS REQUESTED Watson-Rubio: All Ayes Summary of Proceedings Page 13 Board of Supervisors - Regular Meeting – 2:00 P.M. 1/9/2007

HEARINGS RESOURCE MANAGEMENT AGENCY Planning Department CA-5) Request from Bruce and Fonda Good by French and Associates to change the permitted uses from estate to residential on 4,500 square feet located at 100 East End Drive, southeastern Frazier Park (SD #4) Specific Request: A change in zone classification from E (20) to R-1 or a more restrictive district (ZCC #18, Map #238-36) (General Rule, Section 15061(b)(3); Published Mountain Enterprise) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED RESOLUTION 2007-002 AND ENACTED ORDINANCE G-7503 APPROVING ZONE CHANGE AS REQUESTED Watson-Rubio: All Ayes

CA-6) Request from Rex and Lisa Despain by Delmarter and Deifel to change the permitted uses from exclusive agriculture to estate - 1/2-acre residential suburban combining - petroleum extraction combining on approximately 24,000 square feet located on the west side of Wegis Avenue, approximately 1,000 feet south of Hageman Road, Rosedale area (SD #4) Specific Request: A change in zone classification from A to E (1/2) RS PE or a more restrictive district (ZCC #162, Map #101) (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 RESOLUTION 2007-003 AND ENACTED ORDINANCE G-7504 APPROVING ZONE CHANGE TO BECOME EFFECTIVE UPON RECORDATION OF A FINAL SUBDIVISION MAP Watson-Rubio: All Ayes

DEPARTMENTAL REQUESTS

RESOURCE MANAGEMENT AGENCY Planning Department Hearing All S.D.’s CA-7) Proposed update of Capital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Fee Program (Fiscal Impact: None) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; RECEIVED AND FILED REPORT; ADOPTED RESOLUTION 2007-004 UPDATING AND CONFIRMING CURRENT CAPITAL IMPROVEMENT PLAN Watson-Rubio: All Ayes

Miscellaneous S.D. #3 8) Request from Hosam Jouda for Determination of Public Convenience for the issuance of an off-sale general license at 1501 North Chester Avenue, Oildale, pursuant to the Alcohol Beverage Control Act, Section 23958 of the Business and Professions Code (Fiscal Impact: None) - CONTINUED TO TUESDAY, JANUARY 30, 2007, AT 2:00 P.M. Maggard-McQuiston: All Ayes Summary of Proceedings Page 14 Board of Supervisors - Regular Meeting – 2:00 P.M. 1/9/2007

9) Request from Alice J. Green for Determination of Public Convenience for the issuance of an on-sale beer and wine license at 1807 North Chester Avenue, Oildale, pursuant to the Alcohol Beverage Control Act, Section 23958 of the Business and Professions Code (Fiscal Impact: None) - CONTINUED TO TUESDAY, JANUARY 30, 2007, AT 2:00 P.M. Maggard-McQuiston: All Ayes

RESOURCE MANAGEMENT AGENCY Community and Economic Development Department S.D. #5 CA-10) Request for approval and Request for Release of Funds (RROF) and Certification for the Housing Authority of the County of Kern (HACK) to submit to the U.S. Department of Housing and Urban Development (HUD) for CAL 8-5 - Little Village Housing Rehabilitation (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED DIRECTOR TO SUBMIT RROF AND CERTIFICATION TO HUD ON BEHALF OF HACK Watson-Rubio: All Ayes

RESOURCE MANAGEMENT AGENCY Engineering and Survey Services

S.D. #1 CA-11) Request for approval of completed street, drainage, water and sewer improvements and reduction of Faithful Performance Security in Subdivision Improvement Agreement, Tract 6054, Phase 4, southwest corner of Seventh Standard Road and McCray Street, area, and proposed Resolution for acceptance of roads into the County Road System and acceptance of street, drainage, water and sewer improvements for maintenance (Fiscal Impact: None) - APPROVED COMPLETED STREET, DRAINAGE, WATER AND SEWER IMPROVEMENTS; REDUCED EXISTING FAITHFUL PERFORMANCE SECURITY IN THE AMOUNT OF $799,394 TO $79,939 FOR THE GUARANTEE AND MAINTENANCE OF COMPLETED STREET, DRAINAGE, WATER AND SEWER IMPROVEMENTS AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP FOR A ONE-YEAR PERIOD ENDING JANUARY 9, 2008; REDUCED FAITHFUL PERFORMANCE BOND NO. 2124575, IN THE AMOUNT OF $799,394 ISSUED BY INSURANCE COMPANY OF THE WEST, TO $79,394; ADOPTED RESOLUTION 2007-005 FOR ACCEPTANCE OF ROADS WITHIN TRACT 6054, PHASE 4, INTO THE COUNTY ROAD SYSTEM AND ACCEPTANCE OF STREET, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR MAINTENANCE Watson-Rubio: All Ayes

S.D. #3 CA-12) Request to approve final map for Tract 6189, east side of Morning Drive between Rosewood Avenue and Niles Street, Orangewood area, DeWalt Corporation for Stuart Thomas, Inc., a Nevada Corporation, dba Lenox Homes (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION 2007-006 MAKING FINDINGS PER SECTION 21151 OF PUBLIC RESOURCES CODE, SECTIONS 66473.5, 66474 AND 65567 OF GOVERNMENT CODE INCLUDING APPROVAL OF WAIVER OF SIGNATURE FOR MINERAL OWNERS WITHOUT SURFACE ENTRY RIGHTS AND EASEMENT HOLDERS PER SECTION 66436 OF GOVERNMENT CODE AND SECTION 18.45.020 D1 OF LAND DIVISION ORDINANCE (SECTION 18.15.030 K1,2,3 NOT APPLICABLE), ABANDONMENT OF SLOPE EASEMENT DESCRIBED IN BOOK 5637, PAGE (Continued on Page 15) Summary of Proceedings Page 15 Board of Supervisors - Regular Meeting – 2:00 P.M. 1/9/2007

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2480 OF OFFICIAL RECORDS PER SECTION 66434(G) OF THE SUBDIVISION MAP ACT, ACKNOWLEDGEMENT OF REVERSION OF TEMPORARY SLOPE EASEMENT DESCRIBED IN DOCUMENT NO. 0205174386 OF OFFICIAL RECORDS; APPROVED FINAL MAP; AUTHORIZED CLERK OF THE BOARD TO SIGN; APPROVED IMPROVEMENT AND MONUMENTATION AGREEMENTS; AUTHORIZED CHAIRMAN TO SIGN; RECEIVED AND FILED DOCUMENTS AND ORDERED RECORDED AS APPROPRIATE Watson-Rubio: All Ayes

CA-13) Request for approval of completed street, drainage, water and sewer improvements and reduction of Faithful Performance Security in Subdivision Improvement Agreement, Tract 6797, southwest corner of Breckenridge Road and Vineland Road, Orangewood area, and proposed Resolution for acceptance of roads into the County Road System and acceptance of street, drainage, water and sewer improvements for maintenance (Fiscal Impact: None) - APPROVED COMPLETED STREET, DRAINAGE, WATER AND SEWER IMPROVEMENTS; REDUCED EXISTING FAITHFUL PERFORMANCE SECURITY IN THE AMOUNT OF $625,317 TO $62,531 FOR THE GUARANTEE AND MAINTENANCE OF COMPLETED STREET, DRAINAGE, WATER AND SEWER IMPROVEMENTS AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP FOR A ONE-YEAR PERIOD ENDING JANUARY 9, 2008; RETAINED LETTER OF CREDIT NO. 09-06-013, IN THE AMOUNT OF $625,317, ISSUED BY BANK OF THE SIERRA; RECEIVED AND FILED AMENDMENT TO LETTER OF CREDIT NO. 09-06-013, ISSUED BY BANK OF THE SIERRA, IN THE AMOUNT OF $62,531; ADOPTED RESOLUTION 2007-007 FOR ACCEPTANCE OF ROADS WITHIN TRACT 6797 INTO THE COUNTY ROAD SYSTEM AND ACCEPTANCE OF STREET, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR MAINTENANCE Watson-Rubio: All Ayes

S.D. #5 CA-14) Contract No. 07009, Final Plans, Specifications, and Notice to Contractors for the Rexland Acres Wastewater System Improvements (Fiscal Impact: $7,500,000; USDA, US-EPA, Workforce Housing, State Small Communities Wastewater Grant (Proposition 50); Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED ROADS TO PUBLISH NOTICE TO CONTRACTORS IN A NEWSPAPER OF GENERAL CIRCULATION, PURSUANT TO SECTION 20150 OF PUBLIC CONTRACT CODE; BID OPENING TO BE WEDNESDAY, FEBRUARY 7, 2007, AT 11:00 A.M. Watson-Rubio: All Ayes

All S.D.’s CA-15) Proposed appointment of Randall Smith to position of Acting County Surveyor, effective January 20, 2007, to serve until a permanent replacement is appointed (Fiscal Impact; None) - APPROVED Watson-Rubio: All Ayes Summary of Proceedings Page 16 Board of Supervisors - Regular Meeting – 2:00 P.M. 1/9/2007

RESOURCE MANAGEMENT AGENCY Roads Department

S.D. #1 CA-16) Proposed $208,200 payment to Alliance Title Company for two parcels totaling 1.235 acres required for construction of Seventh Standard Road at Highway 99 Interchange Project (Fiscal Impact: $208,200; Seventh Standard Road Project Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO MAKE PAYMENT TO ALLIANCE TITLE COMPANY IN AN AMOUNT NOT TO EXCEED $208,200 Watson-Rubio: All Ayes

17) Proposed Contract No. 06009 with Granite Construction Company for construction on Snow Road between Allen Road and Golden State Highway, Bakersfield, in an amount not to exceed $1,315,237 (Fiscal Impact: $1,315,237; Federal CMAQ/RSTP Funds; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 009-2007 McQuiston-Watson: All Ayes

CA-18) Contract No. 06010, Notice of Completion with JTS Construction, Inc., for construction on China Grade Loop retaining wall, Bakersfield (Fiscal Impact: None) - RECEIVED AND FILED Watson-Rubio: All Ayes

S.D. #3 19) Proposed Resolution to establish a public road over a parcel of County property at Pioneer Park, Bakersfield (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION 2007-008; DIRECTED CLERK OF THE BOARD TO RECORD Maggard-Rubio: All Ayes

CA-20) Contract No. 06023, Notice of Completion with A. C. Materials, Inc., for Patton Way drainage improvements, Bakersfield (Fiscal Impact: None) - RECEIVED AND FILED Watson-Rubio: All Ayes

S.D. #4 CA-21) Proposed Contract No. 06038 with Griffith Company for construction on Old Farm Road at State Route 58, Bakersfield, in an amount not to exceed $368,368 (Fiscal Impact: $368,368; Metropolitan Bakersfield Transportation Impact Fees; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 010-2007 Watson-Rubio: All Ayes

CA-22) Proposed Right-of-Way Contract and Easement Deed from Jewell Ellis to purchase approximately 5,150 square feet of property, in an amount not to exceed $42,000, for construction of traffic signal and lighting system at the northwest corner of Old Farm Road and Rosedale Highway, Bakersfield (Fiscal Impact: $42,000; Road Fund; Budgeted; Discretionary) - ACCEPTED DEED; DIRECTED CLERK OF THE BOARD TO RECORD; AUTHORIZED CHAIRMAN TO SIGN RIGHT-OF-WAY CONTRACT (AGREEMENT 011-2007); AUTHORIZED AUDITOR-CONTROLLER-COUNTY CLERK TO MAKE PAYMENT Watson-Rubio: All Ayes Summary of Proceedings Page 17 Board of Supervisors - Regular Meeting – 2:00 P.M. 1/9/2007

S.D.’s #3 & #4 CA-23) Proposed Contract No. 06031 with Griffith Company for construction on Jenkins Road and Fruitvale Avenue, Bakersfield, in an amount not to exceed $633,933 (Fiscal Impact: $633,933; RSTP Funds/Road Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 012-2007 Watson-Rubio: All Ayes

S.D.’s #3 & #5 CA-24) Contract No. 07006, Plans, Specifications and Notice to Contractors for construction of curb ramps at various locations in Bakersfield (Fiscal Impact: $130,000; HUD Funds; Budgeted; Discretionary) - 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, FEBRUARY 7, 2007, AT 11:00 A.M. Watson-Rubio: All Ayes

All S.D.’s CA-25) Proposed Amendment No. 5 to Agreement 355-99 with First Transit, Inc., for rural transit services, increasing provider compensation in an amount not to exceed $84,801.95 for current Fiscal Year and $422,270.13 in total (Fiscal Impact: $84,801.95 for current Fiscal Year and $422,270.13 in Total; Transit Fund; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 013-2007 Watson-Rubio: All Ayes

WASTE MANAGEMENT

Hearing S.D. #2 CA-26) Public Hearing to consider adding properties to the Eastern Kern Universal Collection Area and providing for collection of solid waste collection service charges on the tax roll for properties with four or fewer residential units (Fiscal Impact: None) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER PUBLIC RESOURCE CODE SECTION 21080(8) AND SECTION 15061(b)(3) OF STATE CEQA GUIDELINES; DIRECTED CLERK OF THE BOARD TO FILE NOTICE OF EXEMPTION; ADOPTED RESOLUTION 2007-009 Watson-Rubio: All Ayes

COUNTY ADMINISTRATIVE OFFICE CA-27) Request to designate Jeff R. Frapwell, Assistant County Administrative Officer for General Services, as County representative for negotiation of agreements transferring responsibility for Court facilities in accordance with provisions of the Trial Court Facilities Act of 2002 (Fiscal Impact: None) - APPROVED Watson-Rubio: All Ayes

28) Mid-Year Status Report on Fiscal Year 2006-2007 County budget and proposed Fiscal Year 2007-2008 Budget Development Guidelines (Fiscal Impact: None) - APPROVED McQuiston-Watson: All Ayes Summary of Proceedings Page 18 Board of Supervisors - Regular Meeting – 2:00 P.M. 1/9/2007

Legislative Matter CA-29) Request for legislation repealing Government Code section 31009.6(g), which requires counties to provide independent legal counsel to former county sheriffs and assessors (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION 2007-010; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE Watson-Rubio: All Ayes

COUNTY ADMINISTRATIVE OFFICE General Services Division

S.D. #3 CA-30) Change Order No. 1 for the William M. Thomas Terminal Waterline Project, an increase of $5,602, for a new total of $352,234 (8994.8413.05) (Fiscal Impact: $5,602; Federal Grants; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN Watson-Rubio: All Ayes

CA-31) Change Order No. 2 for the International Airlines Terminal Remodel, an increase of $20,839, for a new total of $406,788 (8994.8422.05C) (Fiscal Impact: $20,839; Airport Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN Watson-Rubio: All Ayes

CA-32) Retroactive approval of Change Order No. 3 for International Airlines Terminal Phase II, an increase of $11,736, for a new total of $4,695,100 (8994.8422.05B) (Fiscal Impact: $11,736; Airport Enterprise Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN Watson-Rubio: All Ayes

CA-33) Proposed water line easement in favor of Oildale Mutual Water Company permitting them to construct and operate a water pipeline along a portion of the west side of (Fiscal Impact: None) - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTION AS APPROPRIATE; APPROVED; AUTHORIZED CHAIRMAN TO SIGN EASEMENT Watson-Rubio: All Ayes

S.D. #5 CA-34) Change Order No. 3 for the Juvenile Justice Center, County Counsel & Public Defender Office Remodel, an increase of $1,076, for a new total of $624,253 (1960.8200.05) (Fiscal Impact: $1,076; Capital Projects; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN Watson-Rubio: All Ayes

CA-35) Identify apparent low bid and proposed contract with Ladco Construction, Inc., to replace the roof at East Bakersfield Sheriff Substation, in an amount not to exceed $210,001 (1650.7103.06) (Fiscal Impact: $210,001; General Fund; Budgeted; Discretionary) - IDENTIFIED APPARENT LOW BID; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 014-2007 Watson-Rubio: All Ayes Summary of Proceedings Page 19 Board of Supervisors - Regular Meeting – 2:00 P.M. 1/9/2007

All S.D.’s CA-36) Proposed Amendment No. 1 to Engineering Services Agreement 0702254 with Krazan & Associates, Inc., for testing and inspection services for various projects, an increase of $5,000, for a new total of $25,000 (Various Projects) (Fiscal Impact: $5,000; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 015-2007 Watson-Rubio: All Ayes

COUNTY ADMINISTRATIVE OFFICE Information Technology Services CA-37) Request for increase of authority of Purchasing Agent to obtain personal and professional services pursuant to price agreement with Avaya, Inc., an increase of $800,000, for a new total of $900,000 (Fiscal Impact: Approximately $800,000 for FY 2006-07; Budgeted; Discretionary) - APPROVED Watson-Rubio: All Ayes

CA-38) Request to apply for and accept grant funds from Kern County Air Pollution Control District to implement a Video Conferencing System for the County, in an amount not to exceed $50,000, a minimum 10% match from the County (Fiscal Impact: $50,000 Revenue; $5,000 County Match; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN LETTER TO KERN COUNTY AIR POLLUTION DISTRICT Watson-Rubio: All Ayes

MATTERS FOR EXECUTIVE APPROVAL

CA-39) Budget Transfers - APPROVED NO. 067 THROUGH 074 Watson-Rubio: All Ayes

CA-40) Minutes for week of November 13, 2006 - APPROVED Watson-Rubio: All Ayes

CA-41) Miscellaneous Letters and Documents - APPROVED Watson-Rubio: All Ayes

CA-42) Miscellaneous Departmental Referrals by Clerk of the Board - APPROVED AND FILED Watson-Rubio: All Ayes

CA-43) Claims and Lawsuits filed with and referred by Clerk of the Board - APPROVED AND FILED Watson-Rubio: All Ayes

Summary of Proceedings Page 20 Board of Supervisors - Regular Meeting – 2:00 P.M. 1/9/2007

ADJOURNED TO TUESDAY, JANUARY 16, 2007, AT 9:00 A.M. Rubio

/s/ Denise Pennell Clerk of the Board

/s/ Don Maben Chairman, Board of Supervisors

AMERICANS WITH DISABILITIES ACT (Government Code Section 54953.2)

The Board of Supervisors Chamber is accessible to persons with disabilities. Disabled individuals who need special assistance to attend or participate in a meeting of the Board of Supervisors may request assistance at the Clerk of the Board of Supervisors, Fifth Floor, 1115 Truxtun Avenue, Bakersfield, California or by calling (661) 868-3585. Every effort will be made to reasonably accommodate individuals with disabilities by making meeting material available in alternative formats. Requests for assistance should be made five (5) working days in advance of a meeting whenever possible.

Summary of Proceedings Page 21 Board of Supervisors - Regular Meeting – 2:00 P.M. 1/9/2007

41) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED Clerk of the Board A) Monthly Referral Report - November/December B) Received, certified and transmitted to Recorder for recordation as follows: 1) Tract Map 6216, Phase 4 S.D. #2 2) Tract Map 6216, Phase 5 S.D. #2 3) Tract Map 6297, Phase 1 S.D. #5 4) Tract Map 6252, Phase 1 S.D. #3 5) Tract Map 6452, Phase 2 S.D. #3 6) Parcel Map 10823 S.D. #1 7) Parcel Map 11003 S.D. #4 8) Parcel Map 11134 S.D. #1 9) Parcel Map 11169 S.D. #1 10) Parcel Map 11241 S.D. #2 11) Parcel Map 11605 S.D. #1

County Administrative Office C) Fiscal Year 2005-2006 Annual Disclosure Report

Local Agency Formation Commission D) Report and Recommendation, Proceeding No. 1476, in the matter of City of Bakersfield, Annexation No. 495, North of River Sanitary District No. 1, Annexation No. 67 (Reina No. 6) (Copies to each Supervisor, CAO and Resource Management Agency) E) Report and Recommendation, Proceeding No. 1475, in the matter of City of Bakersfield, Annexation No. 522 (El Toro Viejo No. 2) (Copies to each Supervisor, CAO and Resource Management Agency) F) Report and Recommendation, Proceeding No. 1467, in the matter of City of Bakersfield, Annexation No. 546 (Hosking No. 11) (Copies to each Supervisor, CAO and Resource Management Agency) G) Report and Recommendation, Proceeding No. 1477, in the matter of North of the River Sanitary District, Annexation No. 74 (Copies to each Supervisor, CAO and Resource Management Agency) H) Report and Recommendation, Proceeding No. 1479, in the matter of City of Tehachapi, Annexation No. 78 (Copies to each Supervisor, CAO and Resource Management Agency) I) Report and Recommendation, Proceeding No. 1480, in the matter of City of Bakersfield, Annexation No. 486, North of the River Sanitary District No. 1, Annexation No. 87 (Snow Road No. 3) (Copies to each Supervisor, CAO and Resource Management Agency) J) Resolution No. 06-46, Proceeding No. 1465, in the matter of City of Bakersfield, Annexation No. 524 (Brite No. 10) (Copies to each Supervisor, CAO and Resource Management Agency) K) Resolution No. 06-52, Proceeding No. 1472, in the matter of City of Bakersfield, Annexation No. 518 (McAllister Ranch) (Copies to each Supervisor, CAO and Resource Management Agency) Summary of Proceedings Page 22 Board of Supervisors - Regular Meeting – 2:00 P.M. 1/9/2007

L) Resolution No. 06-53, Proceeding No. 1474, in the matter of City of Bakersfield, Annexation No. 541 (Rudal No. 1) (Copies to each Supervisor, CAO and Resource Management Agency) M) Resolution No. 06-54, Proceeding No. 1439, in the matter of City of Bakersfield, Annexation No. 481, Greenfield County Water District, Annexation No. 40 (Copies to each Supervisor, CAO and Resource Management Agency) N) Resolution No. 06-55, Proceeding No. 1448, in the matter of City of Bakersfield, Annexation No. 498 (Copies to each Supervisor, CAO and Resource Management Agency) O) Resolution No. 06-50, Proceeding No. 1470, in the matter of Greenfield Co. Water District, Annexation No. 38 (Copies to each Supervisor, CAO and Resource Management Agency) P) Resolution No. 06-48, Proceeding No. 1468, in the matter of City of Bakersfield, Annexation No. 512, North of the River Sanitary District No. 1, Annexation No. 76 Reorganization (Snow No. 8) (Copies to each Supervisor, CAO and Resource Management Agency) Q) Resolution No. 06-47, Proceeding No. 1466, in the matter of City of Bakersfield, Annexation No. 534 (Bloomquist No. 2) (Copies to each Supervisor, CAO and Resource Management Agency) R) Resolution No. 06-49, Proceeding No. 1469, in the matter of City of Bakersfield, Annexation No. 527 (Gosford No. 1) (Copies to each Supervisor, CAO and Resource Management Agency) S) Notice of Hearing, East Niles Community Services District, on Tuesday, January 23, 2007 (Copies to each Supervisor, CAO and Resource Management Agency)

Resource Management Agency T) Seven (7) thank you letters for donations to Kern County Animal Control

Treasurer-Tax Collector U) Pooled cash portfolio analysis for month ended November 2006

Miscellaneous V) Letter from Armando Gonzalez, State Department of Alcoholic Beverage Control, re request to modify conditions on ABC File No. 447912, Calixtro and Maria Perez, dba Billiards San Juan (Copies to each Supervisor, CAO and Planning) W) Letter from D. E. Leach, California Highway Patrol, re Hazardous Materials Incident Report on Saturday, December 16, 2006, on State Route 58, east of Tehachapi Boulevard (Copies to each Supervisor, CAO, Environmental Health and Fire Haz-Mat) X) Letter from Linda Torn, State Department of Health Services, re Child Health and Disability Prevention (CHDP) Program Plan and administrative budgets approval for Fiscal Year 2006-2007 (Copies to each Supervisor, CAO, Public Health and Auditor-Controller-County Clerk) Y) Letter from Michael A. Barber, State Corrections Standards Authority, re approval of the 2006-2007 Juvenile Justice Crime Prevention Act (JJCPA) Application (Copies to each Supervisor, CAO and Probation) Z) Letter from Vito DeVito Francesco re potential use of his property as staging area for search and rescue and/or fire fighting operations (Copies to each Supervisor, CAO, Sheriff, Fire and Property Management) AA) Letter from Daphne Greene, State Department of Parks and Recreation, re issues concerning the proposed Bakersfield Off-Highway Motor Vehicle Recreation as a viable area (Copies to each Supervisor, CAO, Planning, Parks, Sheriff and County Counsel) Summary of Proceedings Page 23 Board of Supervisors - Regular Meeting – 2:00 P.M. 1/9/2007

BB) Letter from Dodie Williams re desire to continue serving on the Aids Advisory Board (Copies to each Supervisor, CAO and Public Health) CC) Letter from Paul Giboney, Consolidated Central Valley Table Grape Pest and Disease Control District, re staffing concerns in Kern County Agricultural Commissioner's office (Copies to each Supervisor, CAO and Agricultural Commissioner) DD) Letter from Veleta Wilson, Verizon Wireless, re Rosamond cell site at 4141 Lincoln Street, Rosamond, APN 471-022-18-007 (Copies to each Supervisor, CAO, Planning and County Counsel) EE) Letter from Veleta Wilson, Verizon Wireless, re Nord II cell site at 2654 Nord Avenue, Bakersfield, APN 511-041-337 (Copies to each Supervisor, CAO, Planning and County Counsel) FF) Letter from Craig C. Axtell, U.S. Department of the Interior, National Park Service, re Final General Management Plan and Comprehensive River Management Plan / Environmental Impact Statement for Sequoia and Kings Canyon National Parks and Middle and South Forks of the Kings River and North Fork of the Kern River (Copies to each Supervisor, CAO, Planning and County Counsel) GG) E-mail from David Cannon re latest County response to proposal from CCAPE (Copies to each Supervisor and CAO) HH) Resolution No. 2006-269 from County of Madera re adoption of a regional approach for a Marijuana Eradication Pilot Program (Copies to each Supervisor, CAO, Sheriff and County Counsel) II) Notice from Southern California Gas Company re proposed increase in gas rates, Application No. 06-12-010 (Copies to each Supervisor, CAO and General Services) JJ) Notices from State Department of Alcoholic Beverage Control re applications for alcoholic beverage licenses from: Cactus Valley, 4215 Rosedale Highway, Bakersfield; Lucky 7 Market 10, 1825 E. California Avenue, Bakersfield; Los Tacos Dona Maria, 1223 Roberts Lane, Bakersfield; Lenny's Pizzeria, 10401 Main Street, Lamont; Cottonwood Market, 3137 S. Cottonwood Road, Bakersfield; Abe's, 2243 Highway 58, Mojave; Tequila's Grill, 1835 Mettler Frontage Road, Suite A, Bakersfield; Amie's Softime Day Spa and Salon, 10916 Kernville Road, Kernville; Sam's Liquor, 318 White Lane, Bakersfield (Copies to each Supervisor, CAO and Planning) KK) Bulletin from Water Education Foundation, Western Water, November/December, 2006 (Copies to each Supervisor and CAO) LL) Official Statement from Piper Jaffray re Maricopa Unified School District, General Obligation Bonds, Election of 2004, Series 2006 MM) Agenda of meeting from In-Home Supportive Services Advisory Committee on Thursday, January 11, 2007 NN) Minutes of meeting from In-Home Supportive Services Advisory Committee on Thursday, November 9, 2006 OO) Minutes of meeting from Kern County Commission on Aging Executive Committee on Thursday, October 5, 2006

42) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Letter from Gita Nelson, Pine Mountain Club Property Owners Association, Inc., re proposed County Service Area No. 40, Pine Mountain Club - REFERRED TO PLANNING (Copies to each Supervisor, CAO, County Counsel and Engineering & Survey Services) Summary of Proceedings Page 24 Board of Supervisors - Regular Meeting – 2:00 P.M. 1/9/2007

B) Letter from Malcolm X Dougherty, State Department of Transportation, re proposal to convert two-lane conventional highway into a four-lane, divided, controlled-access expressway on State Route 14 - REFERRED TO PLANNING (Copies to each Supervisor, CAO and County Counsel)

43) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY THE CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Douglas Gerald Pierce vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) B) Claim in the matter of Larry B. Moore vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) C) Claim in the matter of Kirschenman Enterprises, Inc. vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) D) Claim in the matter of Martha Sanchez vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) E) Claim in the matter of William and Stacy Reed vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) F) Claim in the matter of Cristina Arambula vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) G) Claim in the matter of Federico Valdez vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) H) Claim in the matter of DeAnna Anderson vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) I) Claim in the matter of Brian Thomas Carr vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) J) Claim in the matter of Jose Guadalupe Gomez vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) K) Claim in the matter of Vernalisi Renee Clark vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) L) Claim in the matter of Kevin M. Kauk vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) M) Claim in the matter of Raul Zamora vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) N) Claim in the matter of Brian Thomas Carr vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) O) Claim in the matter of Chuck Dennie vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) P) Claim in the matter of Joanne Dennie vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) Q) Complaint in the matter of Alberta Marie Dougherty vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) R) Subrogation claim in the matter of Convict Lake Resort by Nationwide Mutual Insurance Company vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) S) Summons and complaint in the matter of Taryn Langley, Jacob A. Frovarp, minors represented by Jolene Langley, their Guardian ad Litem vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) Summary of Proceedings Page 25 Board of Supervisors - Regular Meeting – 2:00 P.M. 1/9/2007

T) Summons and complaint in the matter of Redevelopment Agency of the City of Riverside vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)