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Regular Meeting PM - Jan 14, 2025 (Agenda)

Tuesday, January 14, 2025 · Government meeting record

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Regular Meeting PM - Jan 14, 2025 (Agenda)

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SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, January 14, 2025 2:00 P.M. BOARD RECONVENED Supervisors: Peters, Parlier, Flores, Couch, Perez ROLL CALL: All Present NOTE: The vote is displayed in bold below each item. For example, Flores- Perez denotes Supervisor Flores made the motion and Supervisor Perez 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 Item 14 concerning a CONFERENCE WITH LABOR NEGOTIATORS - Agency designated representatives: Chief Administrative Officer Nancy Anderson, and designated staff - Employee organizations: Service Employees’ International Union, Local 521; Kern County Sheriff’s Command Association; and Kern County Firefighters’ Union (Government Code Section 54957.6) - HEARD; NO REPORTABLE ACTION Item 15 concerning a CONFERENCE WITH LEGAL COUNSEL - FORMALLY INITIATED LITIGATION (Government Code Section 54956.9(d)(1) and (g)) Name of case: Neva Pahl and Christopher Pahl v. County of Kern, et al., Kern County Superior Court Case Number BCV-21-101701-BCB - HEARD; NO REPORTABLE ACTION Note: Members of the Board of Supervisors may have an interest in certain contracts that the Board considers where the member holds a position on a non-profit corporation that supports the functions of the County. Supervisors are assigned to these positions as part of annual committee assignments by the Chairman of the Board. These interests include, with the Supervisor holding the position, the following: California State Association of Counties (Supervisors Peters and Perez); Community Action Partnership of Kern (Supervisor Parlier); Kern County Network for Children (Supervisor Peters); Kern Economic Development Corporation (Supervisors Peters, Couch and Flores); Southern California Water Coalition (Supervisors Couch and Flores); Tobacco Funding Corporation, Kern County (Supervisors Couch and Perez); Kern County Foundation, Inc. (Supervisor Perez); and Kern Medical Center Foundation (Supervisors Couch and Flores).

Summary of Proceedings PM Page 2 Board of Supervisors Regular Meeting – 2:00 P.M. 1/14/2025 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! SANDRA MELGOZA HEARD CONCERNING U.S. BORDER PATROL RECENT ACTIVITY IN KERN COUNTY MONICA MEJIA HEARD CONCERNING COMMENTS FROM SUPERVISOR FLORES UNDER BOARD MEMBER ANNOUNCEMENTS DURING THE 9:00 A.M. SESSION 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][2]) – NO ONE HEARD HEARINGS PLANNING AND NATURAL RESOURCES DEPARTMENT 3) Request of Nadim Sarkies by LAV/Pinnacle Engineering for a change in zone classification from Limited Agriculture to General Commercial, or a more restrictive District, on an approximate 13.67- acre portion of an approximate 29-acre parcel; and a Precise Development Plan for the construction of a convenience market with fuel island, fast-food and retail establishments with associated site improvements on a 5.14-acre portion of an approximate 29-acre parcel located at the northeast corner of Rosedale Highway and Nord Avenue in the Rosedale area (S.D. #1) Specific Request: (a) A change in zone classification from A-1 (Limited Agriculture) to C-2 PD (General Commercial - Precise Development Combining), or a more restrictive District, on an approximate 13.67-acre portion of an approximate 29-acre parcel (ZCC #205, Map 101) (b) A Precise Development Plan for the construction of a convenience market with fuel island, fast-food and retail establishments with associated site improvements on a 5.14-acre portion of an approximate 29-acre parcel (PD Plan #30, Map 101) (Environmental Review: Special Situation Exemption, Section 15182, of the State CEQA Guidelines; Published Bakersfield Californian) - OPENED HEARING; NADIM SARKIES, APPLICANT; REBECCA RICCOMINI; ANITA CAUDLE AND SCOTT DAVIS, HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED RESOLUTION 2025-006, RECOMMENDED FINDINGS, AND ENACTED ORDINANCE G-9331 APPROVING ZONE CHANGE AS REQUESTED; ADOPTED RESOLUTION 2025-007 AND RECOMMENDED FINDINGS APPROVING PRECISE DEVELOPMENT PLAN SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL Peters-Flores: All Ayes

Summary of Proceedings PM Page 3 Board of Supervisors Regular Meeting – 2:00 P.M. 1/14/2025 DEPARTMENTAL REQUESTS PUBLIC WORKS DEPARTMENT CA-4) Proposed Gas Rights and Development Agreement with WB Kern, LLC, at the Bakersfield Metropolitan (BENA) Recycling and Sanitary Landfill from January 14, 2025 to January 13, 2044 (Fiscal Impact: $5,000,000 Revenue [$2,500,000 FY 2024-2025]) (All S.D.s) (Continued from 1/7/2025) - MADE FINDING THAT ACTION IS EXEMPT FROM FURTHER CEQA REVIEW PER SECTIONS 15061(b)(3) AND 15004 OF STATE CEQA GUIDELINES; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 029-2025 Couch-Peters: All Ayes CA-5) Contract No. 25003, Plans, Specifications, and Notice to Bidders for Shafter-Wasco landfill entrance improvements, Shafter (Fiscal Impact: $998,042; Solid Waste Enterprise Fund; Budgeted; Discretionary) (S.D. #4) - MADE FINDING PROJECT COMPLIES WITH STATE CEQA GUIDELINES; APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED PUBLIC WORKS TO PUBLISH NOTICE TO BIDDERS IN A NEWSPAPER OF GENERAL CIRCULATION, PURSUANT TO SECTION 20392 OF PUBLIC CONTRACT CODE; BID OPENING TO BE WEDNESDAY, FEBRUARY 12, 2025, AT 11:00 A.M. Couch-Peters: All Ayes CA-6) Contract No. 25022, Plans, Specifications, and Notice to Bidders for pedestrian path improvements on Casa Loma Drive and Union Avenue at Union Pacific Railroad crossing, Bakersfield (Fiscal Impact: $1,387,600; Congestion Mitigation and Air Quality Improvement Program; Budgeted; Discretionary) (S.D. #5) - WITHDRAWN Couch-Peters: All Ayes CA-7) Request to appropriate unanticipated revenue from Community Development Grant Funds and approval of mid-year capital project of drip irrigation system in the amount of $114,799 (Fiscal Impact: $114,799; County Service Area No. 17.2; Not Budgeted; Discretionary) (S.D. #3) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS Couch-Peters: All Ayes CA-8) Request to approve transfer of appropriations to fund purchase of one sweeper with pick up vac to extract large amounts of water and debris from County roads in the amount of $22,277 (Fiscal Impact: $22,277; Public Works Road Fund; Budgeted; Discretionary) (All S.D.s) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS Couch-Peters: All Ayes COUNTY ADMINISTRATIVE OFFICE CA-9) Proposed Amendment No. 1 to Agreement 415-2024 with Kern County Office of the District Attorney to revise the scope of equipment purchases as part of the Kern County Fentanyl Misuse and Overdose Prevention Taskforce (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 030-2025 Couch-Peters: All Ayes

Summary of Proceedings PM Page 4 Board of Supervisors Regular Meeting – 2:00 P.M. 1/14/2025 CA-10) Proposed Resolution appointing Standby Officers for the Board of Supervisors members to provide for continuance of government during a state of war emergency, state of emergency, or a local emergency (Fiscal Impact: None) - APPROVED; ADOPTED RESOLUTION 2025-008; DIRECTED CLERK OF THE BOARD TO ADMINISTER OATHS OF OFFICE Couch-Peters: All Ayes CA-11) Proposed retroactive Agreement with Kern Medical Center Foundation to support the Valley Fever patient database and research anti-fungal medication for treatment, improved diagnostics, and work towards a vaccine, effective July 1, 2024 through June 30, 2025, in the amount of $30,000 for Fiscal Year 2024-2025 contribution (Fiscal Impact: $30,000; General Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 031-2025 Couch-Peters: All Ayes CA-12) Proposed donation of toiletries and winter jackets to The Open Door Network valued at $1,007 for families and children residing at the shelter (Fiscal Impact: $1,007; General Fund; Budgeted; Discretionary) - APPROVED Couch-Peters: All Ayes CA-13) Request to increase General Fund designation for capital projects in the amount of $7,327,712 to replace the Animal Control Facility and increase General Fund appropriations to cover unanticipated costs related to inmate medical care in the amount of $5,051,824, behavioral health care in the amount of $5,143,030 and the Fire and Sheriff’s joint substation in the amount of $3,677,434 from unanticipated one-time sales and use taxes (Fiscal Impact: $21.2 Million; General Fund; Not Budgeted; Discretionary) - APPROVED; AUTHORIZED AUDITOR-CONTROLLER TO PROCESS THE SPECIFIED BUDGETARY ADJUSTMENTS AND ACCOUNTING TRANSACTIONS Couch-Peters: All Ayes COUNTY ADMINISTRATIVE OFFICE - General Services Division CA-14) Identify apparent low, responsive, and responsible bid and approve Contract No. 8994.8365 with Acco Engineered Systems, Inc., for Terminal HVAC Upgrades Project at Meadows Field Airport, in an amount not to exceed $1,274,888 (Fiscal Impact: $1,274,888; Airports Enterprise Fund; Budgeted; Discretionary) (S.D. #1) - IDENTIFIED APPARENT LOW, RESPONSIVE, AND RESPONSIBLE BID; APPROVED CONTRACT; AUTHORIZED CHIEF GENERAL SERVICES OFFICER OR DESIGNEE TO SIGN; AUTHORIZED GENERAL SERVICES TO RELEASE ALL OTHER BID GUARANTEES Couch-Peters: All Ayes CA-15) Proposed Resolution to declare County owned property identified as Assessor’s Parcel Number 072-210-08 located at 17053 Shafter Avenue in Shafter as surplus property (Fiscal Impact: None) (S.D. #4) - MADE FINDING PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PER SECTIONS 15301, 15305, 15311, 15312, 15327, 15331, AND 15061(b)(3) OF STATE CEQA GUIDELINES; DECLARED COUNTY PROPERTY AS SURPLUS; ADOPTED RESOLUTION 2025-009 Couch-Peters: All Ayes

Summary of Proceedings PM Page 5 Board of Supervisors Regular Meeting – 2:00 P.M. 1/14/2025 CA-16) Identify apparent low, responsive, and responsible bid and approve Contract No. 1650.7226-23, with Vortex Construction, for Beale Library - BF Grant Project for restroom and parking lot upgrades, new flooring, and security and access system, in an amount not to exceed $1,274,405 (Fiscal Impact: $1,274,405; Budgeted; Discretionary) (S.D. #5) - IDENTIFIED APPARENT LOW, RESPONSIVE, AND RESPONSIBLE BID; APPROVED CONTRACT; AUTHORIZED CHIEF GENERAL SERVICES OFFICER OR DESIGNEE TO SIGN; AUTHORIZED GENERAL SERVICES TO RELEASE ALL OTHER BID GUARANTEES Couch-Peters: All Ayes CA-17) Update on emergency project for building improvements at the Mary K. Shell Mental Health Center located at 2151 College Avenue in Bakersfield (Fiscal Impact: None) (S.D. #5) - MADE FINDING THERE IS A NEED TO CONTINUE EMERGENCY PROJECT; RECEIVED AND FILED Couch-Peters: All Ayes COUNTY ADMINISTRATIVE OFFICE - Human Resources Division CA-18) Proposed collapse of the Youth Services Officer I/II, flexible classification series into a single classification titled Youth Services Officer, Item No. 3563, at salary range 60.9, effective January 25, 2025 (Fiscal Impact: $244,000; General Fund; Budgeted; Discretionary) - APPROVED; DIRECTED HUMAN RESOURCES DIVISION TO AMEND THE DEPARTMENTAL POSITIONS AND SALARY SCHEDULE Couch-Peters: All Ayes COUNTY ADMINISTRATIVE OFFICE - Information Technology Services Division CA-19) Proposed retroactive Agreement with Kern High School District Regional Occupational Center for community classroom training program to support local students in opportunities to develop careers in information technology, from November 14, 2024 through November 14, 2027 (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 032-2025 Couch-Peters: All Ayes CONSIDERATION OF ORDINANCE INTRODUCED ON JANUARY 7, 2025 CA-20) Proposed Ordinance amending Section 3.04.020, Chapter 3.04, Title 3 of the Kern County Ordinance Code exempting Assistant County Administrative Officer, County department heads appointed by the Board of Supervisors, and other certain management classifications from the Civil Service System - ENACTED ORDINANCE A-392 Couch-Peters: All Ayes MATTERS FOR EXECUTIVE APPROVAL CA-21) Budget Transfers - APPROVED NOS. 100 THROUGH 107 Couch-Peters: All Ayes CA-22) Minutes for week of December 9, 2024 - APPROVED Couch-Peters: All Ayes

Summary of Proceedings PM Page 6 Board of Supervisors Regular Meeting – 2:00 P.M. 1/14/2025 CA-23) Miscellaneous Letters and Documents - FILED Couch-Peters: All Ayes CA-24) Claims and Lawsuits Filed with and Referred by Clerk of the Board - APPROVED AND FILED Couch-Peters: All Ayes ADJOURNED TO TUESDAY, JANUARY 28, 2025 AT 9:00 A.M. Peters /s/ Kathleen Krause Clerk of the Board /s/ Leticia Perez Chairman, Board of Supervisors

Summary of Proceedings PM Page 7 Board of Supervisors Regular Meeting – 2:00 P.M. 1/14/2025 23) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED Animal Services A) Forty-seven thank you letters re donations received for Kern County Animal Shelter Clerk of the Board B) Received, certified, and transmitted to Recorder for recordation as follows: 1) Parcel Map 12414 S.D. #2 2) Tract Map 7395 - Phase 2 S.D. #4 Local Agency Formation Commission (LAFCo) C) Notice of Hearing in the matter of City of McFarland: Annexation 20, Proceeding No. 1836 D) Notice of Hearing in the matter of City of Bakersfield: Annexation 717 (Zerker No. 2) and North of the River Sanitary District No. 1: Annexation 117 and County Service Area (CSA) 71: Detachment "X" - Reorganization, Proceeding No. 1831 Planning and Natural Resources E) Recorded Grant of Avigation Easement, Panam Investments LLC, Bassi LLC, Veeraj Investments LLC, Gurinder S. Dhillon (Document No. 224128635) Miscellaneous F) Letter from Doll Stanley, In Defense of Animals, re petition published regarding the shooting of a cat at the Hart Park Shooting Range (Copies to each Supervisor and CAO) G) Notice from North Kern-South Tulare Hospital District re notice of vacancy (Copies to each Supervisor and CAO) H) Notice from California Highway Patrol re Hazardous Materials Incident Report on December 22, 2024, Interstate 5 northbound, south of California Aqueduct in unincorporated Kern (Copies to Fire and Environmental Health Services) I) Notice from State Department of Alcoholic Beverage Control re Lienzo Charro El Zarape, 11475 Garzoli Avenue, Delano (Copies to Planning and Natural Resources and Environmental Health Services) 24) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Tracy McCowan - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) B) Claim in the matter of Linda Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) C) Claim in the matter of Veena Sharma - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

Summary of Proceedings PM Page 8 Board of Supervisors Regular Meeting – 2:00 P.M. 1/14/2025 D) Claim in the matter of Viansh Sharma - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) E) Amended claim in the matter of Subro Claims, Inc, on behalf of Geico Insurance as subrogee of Celeste Garcia - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) F) Claim in the matter of Subro Claims, Inc, on behalf of Geico Insurance as subrogee of Joaquin Salas Sanchez - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) G) Claim in the matter of Zachary Wakefield - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) H) Claim in the matter of Brooke Waxman - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) I) Claim in the matter of Lori Ann Wiley and Charles Wallace Hanson, IV - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) J) Summons and Complaint in the matter of Lionel Hernandez, a minor by and through his Guardian Ad Litem, Luis F. Hernandez v. County of Kern, et al. (Superior Court Case No. BCV-24-103119) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) K) Summons and Complaint in the matter of Yair Madrigal, a minor by and through his Guardian Ad Litem, Erica Madrigal v. County of Kern, et al. (Superior Court Case No. BCV-24-101112) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) L) Summons and Complaint in the matter of Nicholas Isaiah Tejada, a minor by and through his Guardian, Magdalena Solis Pruitt v. County of Kern, et al. (Superior Court Case No. BCV-24-103371) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) M) Summons in a Civil Case in the matter of Cheryl Rice v. County of Kern (U.S. District Court, Eastern District of California, Case No.: 1:24-CV-01572-CDB) - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)

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