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BAKERSFIELD CITY COUNCIL

AGENDA
MEETING OF MARCH 8, 2017
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 PM
REGULAR MEETING - 5:15 PM
1. ROLL CALL

2. INVOCATION by Pastor Martha Johnson, Compassion Christian Center.

3. PLEDGE OF ALLEGIANCE by Hope Reis, 7th grade student at Norris


Middle School.
4. PRESENTATIONS
a. Presentation of a Proclamation by Mayor Goh to Kern County
Scottish Society Chieftain Gary L. Lockhart, declaring March
25, 2017, Kern County Scottish Gathering and Games Day in
Bakersfield.
b. Presentation of a Proclamation by Mayor Goh to American
Red Cross representatives Doug Greener, Jason Townsend
and Carolyn Forster, declaring March, 2017, Red Cross Month
in Bakersfield.
c. Presentation of a Proclamation by Mayor Goh to Jason
Cohen, Past Board President from the Boys & Girls Club,
declaring March 27-31, 2017, Boys and Girls Club Week in
Bakersfield.
5. PUBLIC STATEMENTS
6. WORKSHOPS
a. First reading of an ordinance repealing Section 8.32.060(E) of
the Bakersfield Municipal Code relating to the Senior Refuse
Rebate Program.
Staff recommends first reading of the ordinance, which has the
effect of terminating the rebate program.
7. APPOINTMENTS
Ward 2 a. One appointment to the Planning Commission (Ward 2) to
complete a term to expire April 30, 2018.
Staff recommends Council determination.
8. CONSENT CALENDAR
Staff recommends adoption of Consent Calendar items.
Minutes:
a. Approval of minutes of the February 15, 2017, Regular City
Council Meetings.
Payments:
b. Receive and file department payments from February 3, 2017
to February 23, 2017, in the amount of $19,059,475.31, Self-
Insurance payments, from February 3, 2017 to February 23,
2017, in the amount of $1,338,803.30 totaling,
$20,398,278.61.
Ordinances:
c. First reading of Ordinance amending Chapter 1.40 of the
Bakersfield Municipal Code relating to Penalties.
d. Adoption of Ordinance amending Chapter 8.16 of the
Bakersfield Municipal Code relating to Ice Cream Vendors.
(FR 02/15/17)
Ward 7 e. Adoption of an ordinance amending Bakersfield Municipal
Code Section 1.12.070 by adding Annexation No. 661
consisting of 1.81 acres located along the north side of Ming
Avenue, east and west of Baldwin Road and Annexation No.
665 consisting of 22.06 acres located along the south side of
Taft Highway, generally east of Compagnoni Street to Ward 7.
(FR 02/15/17)
Resolutions:
f. Resolution confirming approval by the City Manager designee
of the Chief Code Enforcement Officers report regarding
assessments of certain properties in the City for which
structures have been secured against entry or for the
abatement of certain weeds, debris and waste matter and
authorizing collection of the assessments by the Kern County
Tax Collector.
Ward 1 g. Resolution approving Cultural Resource Designation and for
placement on the Bakersfield Register of Historic Places for
property known as New Mt. Zion Baptist Church of
Bakersfield/Mt. Zion Missionary Baptist Church located at 825
California Avenue.
Ward(s) 1, 7 h. Resolutions to add the following territories to the Consolidated
Maintenance District and approving, confirming, and adopting
the Public Works Directors Report for each:
1. Area 2-65 (SEC of Ming Avenue & Wible Road) Ward
7
2. Area 4-163 (1319 1st Street) Ward 1
Ward(s) 2, 3, 6 i. Resolutions of Intention (ROI) to add the following areas to
the Consolidated Maintenance District and preliminarily
approving, confirming, and adopting the Public Works
Directors Report for each:

1. ROI No. 1913 to add Area 1-116 (SEC of Commerce


Dr. & Commercial Way) Ward 2
2. ROI No. 1914 to add Area 2-66 (SEC of Wilson Rd. &
S. Real Road) Ward 6
3. ROI No. 1915 to add Area 3-102 (NEC of Mountain
Ridge Dr. & Taft Hwy.) Ward 6
4. ROI No. 1916 to add Area 4-164 (1920 Golden State
Hwy.) Ward 3
Ward 1 j. Mount Vernon Green Waste Facility Operations:

1. Resolution determining that landscape spreading of


wood chips along freeway embankments cannot be
obtained through the usual bidding procedures because
of the unavailability of more than one local contractor,
and authorizing the Finance Director to dispense
with bidding therefore, not to exceed $250,000 for FY
2016/17.
2. Amendment No. 1 to Agreement PW17-021 with J&M
Land Restoration, Inc (not to exceed $250,000) for
applying City furnished woodchips along the Westside
Parkway.
3. Appropriate $250,000 Refuse Fund Balance to the
Public Works Department's operating budget within the
Refuse Fund.
Agreements:
Ward 2 k. Reimbursement Agreement with AEG Management
Bakersfield, LLC (not to exceed $70,000) for the
reimbursement of costs associated with renting the Rabobank
Arena for the Christian Congregation of Jehovahs Witnesses
conventions.
Ward 3 l. Fire Station No. 8 Rehabilitation:

1. Amendment No. 2 to Agreement No. 15-146 with RRM


Design Group (increase compensation by $20,000;
revised not to exceed $135,700) to
provide Construction Support Services for the Fire
Station 8 Remodel Project.
2. Appropriate $20,000 in Capital Outlay Fund Balance to
the Public Works Department Capital Improvement
Budget within the Capital Outlay Fund.
m. Amendment No. 2 to Agreement No. 16-126 with Clifford &
Brown ($500,000) to provide outside legal services in the
matter of Kiaie v. City of Bakersfield.
n. Amendment No. 1 to Agreement No. 16-035 with Ferguson
Enterprises Inc. (extend term one year) for the continued
supply of fire hydrants.
o. Amendment No. 1 to Agreement No. 16-036 with Gilliam &
Sons Inc. (extend term one year) for the continued service of
earthmoving and hauling.
p. Amendment No. 1 to Agreement No. 16-063 with Amber
Chemical Inc. ($50,000 and extend term one year) for the
continued supply of pool chemicals.
Ward 6 q. Change Order No. 1 to Agreement No. 16-141 with Pacific
Aquascapes, ($40,184.54; revised not to exceed
$336,053.54) for the construction of the State Farm Sports
Village Phase III - Lake Improvements Project.
Ward(s) 3, 4 r. Rosedale Highway Widening Project (TRIP):

1. Contract Change Order Nos. 100 and 102 to Agreement


No. 15-009 with Teichert Construction ($28,422.96;
revised not to exceed $19,124,157.71; Change Orders
funded with Gas Tax Funds) for construction of said
project.
2. Transfer $30,000 savings from the PG&E Tower
Relocation on Westside Parkway Project to the
Rosedale Highway Widening Project to fund change
orders.
Property Acquisition Agreements - TRIP:
Ward 2 s. Agreement with Richard Francis and Delores Vera Guiltinan
($240,000) to purchase real property located at 2400 Pine
Street for the 24th Street Widening Project.
Bids:
Ward(s) 2, 7 t. Accept bid and approve contract to Courts & Greens,
Incorporated, Bakersfield ($139,970) for the construction of
Housing and Urban Development funded playground shade
structures.
Ward 2 u. Accept bid and approve contract with PSC Industrial
Outsourcing, LP ($66,400.00; 88.53% federally funded,
11.47% local match funded with utility surcharge fees)
for demolition of houses along 24th Street: 2401 Spruce
Street, 2400 Spruce Street, and 2401 Pine Street.
Ward 2 v. Accept bid and approve contract with PSC Industrial
Outsourcing, LP ($89,900.00; 88.53% federally funded,
11.47% local match funded with utility surcharge fees)
for demolition of houses along 24th Street: 2401 Beech
Street, 2400 Beech Street, 2401 Myrtle Street, 2400 Myrtle
Street, 2201 24th Street.
Miscellaneous:
Ward 2 w. Appropriate $15,000 from the Park Improvement Fund Zone
2 for the replacement of the pergola shade fabric at
McMurtrey Aquatics Center.
x. Acceptance of Audit Reports for the 2015-16 Fiscal Year:

1. Comprehensive Annual Financial Report (CAFR) for the


fiscal year ended June 30, 2016.
2. Agreed Upon Conditions Report for the fiscal year
ended June 30, 2016.
3. Auditor Communication With Those Charged With
Governance (SAS 114 Letter) for fiscal year ended June
30, 2016.
4. Independent Auditors Report Compliance with
Contractual Requirements relative to the Bakersfield
Subregional Wastewater Management Plan for the year
ended June 30, 2016.
5. Independent Auditors Report on Appropriations Limit
Worksheet (GANN Limit) of the City of Bakersfield for
the fiscal year ended June 30, 2016.
6. Independent Auditors Report Rabobank Arena,
Theater, Convention Center, Bakersfield Ice Sports
Center & Brighthouse Networks Amphitheatre for the
fiscal year ended June 30, 2016.
7. Single Audit Report for fiscal year ended June 30, 2016.
y. Revised Job specifications: Assistant to the City Manager
(89330); Director of Technology Services (89870); Assistant
Director of Technology Services (89900); Human Resources
Analyst I (27010); and Human Resources Analyst II (27000).
Successor Agency Business:
z. Receive and file Successor Agency payments from February
3, 2017 to February 23, 2017, in the amount of $1,100.00.
9. CONSENT CALENDAR PUBLIC HEARINGS
Staff recommends conducting Consent Calendar Public Hearing and approval of
items.
10. HEARINGS
11. REPORTS
12. DEFERRED BUSINESS
13. NEW BUSINESS
14. COUNCIL AND MAYOR STATEMENTS
15. ADJOURNMENT
ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Presentations 4. a.

TO: Honorable Mayor and City Council


FROM: Mayor Karen Goh
DATE: 2/14/2017
WARD:
SUBJECT: Presentation of a Proclamation by Mayor Goh to Kern County Scottish
Society Chieftain Gary L. Lockhart, declaring March 25, 2017, Kern
County Scottish Gathering and Games Day in Bakersfield.

STAFF RECOMMENDATION:

BACKGROUND:
ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Presentations 4. b.

TO: Honorable Mayor and City Council


FROM: Mayor Karen Goh
DATE: 2/14/2017
WARD:
SUBJECT: Presentation of a Proclamation by Mayor Goh to American Red Cross
representatives Doug Greener, Jason Townsend and Carolyn Forster,
declaring March, 2017, Red Cross Month in Bakersfield.

STAFF RECOMMENDATION:

BACKGROUND:
ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Presentations 4. c.

TO: Honorable Mayor and City Council


FROM: Mayor Karen Goh
DATE: 2/27/2017
WARD:
SUBJECT: Presentation of a Proclamation by Mayor Goh to Jason Cohen, Past
Board President from the Boys & Girls Club, declaring March 27-31,
2017, Boys and Girls Club Week in Bakersfield.

STAFF RECOMMENDATION:

BACKGROUND:
ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Workshops 6. a.

TO: Honorable Mayor and City Council


FROM: Virginia Gennaro, City Attorney
DATE: 2/24/2017
WARD:
SUBJECT: First reading of an ordinance repealing Section 8.32.060(E) of the
Bakersfield Municipal Code relating to the Senior Refuse Rebate
Program.

STAFF RECOMMENDATION:

Staff recommends first reading of the ordinance, which has the effect of terminating the rebate
program.
BACKGROUND:

The Senior Refuse Rebate Program (Rebate) was established by ordinance in 1987, and
provides a 50% refund on annual trash fees to qualified seniors who apply and are: 1) 65 years
old or older, and 2) own or have owned and occupied a single-family dwelling unit since March 1
of the preceding year. The Rebate was implemented during a time when many communities had
rates for certain services that included subsidies to seniors resulting in discounts or refunds on
their bills. At that time, the total annual amount of the Rebate was projected to be less than
$30,000.

Today, the total annual amount of the Rebate is approximately $520,000, which amounts to a
refund of about $95 per year for each of the 5,600 Bakersfield seniors currently enrolled in the
program. The cost of the Rebate is incorporated into the overall residential refuse rate paid by all
residential refuse ratepayers, which is currently $195.72 per year and includes tan, green and
blue cart services as well as street sweeping and bulky item pick-up.

Over the years, the State has changed how cities and other public entities charge property-
related fees, such as refuse, sewer and water fees. Namely, in 1996, the voters of California
passed Proposition 218 which became effective July 1, 1997. This tax reform measure
amended the California Constitution and established new procedural and substantive
requirements for imposing and increasing refuse, sewer, and water fees. Some of the
components of Proposition 218 include increased notification and protest requirements, a right
to repeal tax increases, and restrictions on the use of fees to the extent that imposed fees may
not exceed the cost of providing the service. In particular to refuse fees:
Revenue from the fee cannot exceed the cost of service to the parcel; and
Funds can only be used for the purpose of the fee; and
Fees charged cannot exceed the proportional cost of service to the parcel

There is no evidence that seniors over the age of 65 generate less trash than other users of
similar sized households. The rebates given to seniors come from the fees that the other users
pay. Thus, under Proposition 218 and the case law that has interpreted it, the non-senior refuse
ratepayers are being charged more than their fair share for the services, which is not allowed.
Since 2006, the City has made incremental efforts to comply with Proposition 218, including the
following:

City implemented the Proposition 218 majority protest procedure in imposing its
residential and commercial sewer, refuse and water rates.
The Wastewater Division Revenue Program was updated to ensure the
proportionality requirements of Proposition 218 were met.
City departments were charged for their respective water, refuse and sewer
services in the budget.
City discontinued charging outside city sewer users an outside user fee for sewer
service.

While case law regarding Proposition 218 continues to evolve and produce more clarity on
specific factual scenarios, and none of the cases to date involve exactly our situation of a Charter
city which has a rebate subsidy; recent cases involving Proposition 218 have consistently
concluded that ratepayers cannot be overcharged in order to provide discounts to other
ratepayers for the same service. Along these lines, Staff is unaware of a city in California
comparable in size to the City of Bakersfield that mirrors our Rebate.

In light of the above, when Staff was reviewing its rates for residential refuse services, the City
Attorneys Office opined that it would be in the best legal interest of the City to cancel the rebate
program under its current structure.

Staff looked into the feasibility of using smaller carts and reducing refuse service to seniors, but
switching to small carts was determined to be cost prohibitive and has failed in other cities. In
addition, reducing refuse service to seniors would cause health and safety violations and would
be impossible to identify abusers as tan cart services occur every week.

Bakersfields refuse rates are among the lowest in the State as shown in the Exhibit A and
elimination of the rebate program will likely result in a lower residential rate increase this
upcoming fiscal year, despite the rising costs for contract hauling and compliance with recycling
regulations.
Attachments

ATTACHMENTS:
Description Type
Ordinance Ordinance
Ordinance - Redlined Backup Material
Exhibit A - Refuse Rate Survey 2016 Exhibit
Correspondence received Backup Material
ORDINANCE NO. _______________

AN ORDINANCE REPEALING SECTION


8.32.060(E) OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO THE SENIOR REFUSE
REBATE PROGRAM.

BE IT ORDAINED by the Council of the City of Bakersfield as follows:

SECTION 1.

Section 8.32.060(E) of the Bakersfield Municipal Code is hereby repealed.


Section 8.32.060 now reads as follows:

8.32.060 Billing, collection and payment of chargesRefunds.

A. The collection of the charges shall be under the direction,


supervision and control of the finance director.

B. Collection of charges for single-family dwelling units, duplexes,


triplexes, fourplexes and other dwelling units receiving residential service shall be
submitted by the finance director to the Kern County auditor-controller and tax
collector, and to such other county officers as may be required, for placement
of such charges as assessments on the secured roll of the county and he or she
shall request that the tax collector each year collect and enforce the
assessments in the same manner as ad valorem property taxes. With respect to
all other charges (including commercial and multi-residential refuse bin
accounts), the finance director may require billings to be paid up to three
months in advance; provided, that the first monthly charges shall be prorated.

C. The finance director may make refunds of advance payments on


the same pro rata basis if requested in writing in affidavit form by the depositor
within three months from the date of any termination of an account, otherwise
no refund shall be made. Adjustments for any increase or decrease of service
shall otherwise be made only on a monthly basis.

D. All charges set by the city council for refuse/solid waste/recycling


services or otherwise imposed in this chapter are due and payable on the first
day of the month and become delinquent after the last day of the month.
Interest at the rate of one percent per month shall be added to any
delinquency. Should the city resort to court action to collect amounts due, the

____________________________________________________________________
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city shall be entitled also to collect its reasonable costs, including attorneys
fees.

SECTION 2.

This ordinance shall be posted in accordance with the provisions of the


Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.

--------o0o--------

I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
_______________________, by the following vote:

AYES: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, SULLIVAN, PARLIER


NOES: COUNCILMEMBER ________________________________________________________________
ABSTAIN: COUNCILMEMBER ________________________________________________________________
ABSENT: COUNCILMEMBER ________________________________________________________________

__________________________________________
CITY CLERK and EX OFFICIO of the
Council of the City of Bakersfield

APPROVED:

By:____________________________
KAREN GOH, Mayor
CITY OF BAKERSFIELD

APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney

By:____________________________
JOSHUA H. RUDNICK
Deputy City Attorney

____________________________________________________________________
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____________________________________________________________________
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REDLINED

ORDINANCE NO. _______________

AN ORDINANCE REPEALING SECTION


8.32.060(E) OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO THE SENIOR REFUSE
REBATE PROGRAM.

BE IT ORDAINED by the Council of the City of Bakersfield as follows:

SECTION 1.

Section 8.32.060(E) of the Bakersfield Municipal Code is hereby repealed.

8.32.060 Billing, collection and payment of chargesRefunds.

A. The collection of the charges shall be under the direction,


supervision and control of the finance director.

B. Collection of charges for single-family dwelling units, duplexes,


triplexes, fourplexes and other dwelling units receiving residential service shall be
submitted by the finance director to the Kern County auditor-controller and tax
collector, and to such other county officers as may be required, for placement
of such charges as assessments on the secured roll of the county and he or she
shall request that the tax collector each year collect and enforce the
assessments in the same manner as ad valorem property taxes. With respect to
all other charges (including commercial and multi-residential refuse bin
accounts), the finance director may require billings to be paid up to three
months in advance; provided, that the first monthly charges shall be prorated.

C. The finance director may make refunds of advance payments on


the same pro rata basis if requested in writing in affidavit form by the depositor
within three months from the date of any termination of an account, otherwise
no refund shall be made. Adjustments for any increase or decrease of service
shall otherwise be made only on a monthly basis.

D. All charges set by the city council for refuse/solid waste/recycling


services or otherwise imposed in this chapter are due and payable on the first
day of the month and become delinquent after the last day of the month.
Interest at the rate of one percent per month shall be added to any
delinquency. Should the city resort to court action to collect amounts due, the
city shall be entitled also to collect its reasonable costs, including attorneys
fees.

____________________________________________________________________
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REDLINED

E. Beginning with the 1986-87 fiscal year, persons aged sixty-five or


older who own and have owned and occupied a single-family dwelling unit
since March 1st of the preceding year shall, upon application to the finance
director between April 1st and June 30th, be entitled to a refund of one-half that
years annual charges paid for city refuse/solid waste management services to
such dwelling. Not more than one refund shall be made per dwelling.

SECTION 2.

This ordinance shall be posted in accordance with the provisions of the


Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.

--------o0o--------

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REDLINED

I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
_______________________, by the following vote:

AYES: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, SULLIVAN, PARLIER


NOES: COUNCILMEMBER ________________________________________________________________
ABSTAIN: COUNCILMEMBER ________________________________________________________________
ABSENT: COUNCILMEMBER ________________________________________________________________

__________________________________________
CITY CLERK and EX OFFICIO of the
Council of the City of Bakersfield

APPROVED:

By:____________________________
KAREN GOH, Mayor
CITY OF BAKERSFIELD

APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney

By:____________________________
JOSHUA H. RUDNICK
Deputy City Attorney

____________________________________________________________________
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ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Appointments 7. a.

TO: Honorable Mayor and City Council


FROM: Pamela McCarthy, Interim City Clerk
DATE: 2/17/2017
WARD: Ward 2
SUBJECT: One appointment to the Planning Commission (Ward 2) to complete a
term to expire April 30, 2018.

STAFF RECOMMENDATION:

Staff recommends Council determination.


BACKGROUND:

There is one appointment to the Planning Commission to fill the unexpired term of the Ward 2
appointment that will expire on April 30, 2020.

Applications for appointment have been received from:

Houston Ursery
Timothy Bergeron
Scott Hanson
Michael Caves
Adam Cohen
Daniel Cater

The Councilmember of Ward 2 will nominate a candidate to be appointed by the full Council.

The Planning Commission is an advisory body to the City Council. It is composed of seven (7)
regular members, nominated by the Councilmember of the ward which corresponds with the
commission vacancy. Additionally, Planning Commission members must be residents of the City
throughout their four-year terms, but not of a specific ward of the nominating Councilmember.

Commission duties are to maintain and interpret the Citys General Plan and recommend
methods of implementation; maintain the Citys zoning ordinance and make recommendations
for improvement; review the Citys Capital Improvement Plan for consistency with the General
Plan; review and approve subdivisions and parcel maps; and conduct hearings on all of the
above items and on any appeals of site plan review.
ATTACHMENTS:
Description Type
Houston Don Ursery Application Backup Material
Timothy Bergeron Application Backup Material
Scott Hanson Application Backup Material
Michael Caves Application Backup Material
Adam Cohen Application Backup Material
Daniel Cater application Backup Material
C L E R K ' S O F F I C E U S E O N LY :
SUBMIT TO:
CITY CLERK CITY OF BAKERSFIELD
1 6 0 0 Tr u x t u n A v e n u e R E S I D E N T: YES NO

Bakersfield, CA 93301
WARD NO. 1 2 3 4 5 6 7
(661) 326-3767 Phone No.
(661) 323-3780 Fax No.

CITY OF BAKERSFIELD
A P P L I C AT I O N F O R A P P O I N T M E N T

A P P L I C A N T S A R E E N C O U R A G E D T O C O N TA C T E A C H C O U N C I L M E M B E R T O C O M M U N I C AT E T H E I R
INTEREST FOR APPOINTMENT.

M r.
1. Mrs. Scott Ivan Hanson
Ms. First Middle Last

2. Residence address: 1302 Broxbourne Dr

Bakersfield Kern CA 93312

City County State Zip

Phone ( ) 661-496-2582

3. Position(s) sought: (List in order of preference)

City of Bakersfield Planning Commission


1)

2)

3)

4)

4. Business Title or Occupation: Real Estate Broker, Lender, Investor

Permier Realty and Summit Financial


Company:

Address:
3977 Coffee Rd, Ste A

Bakersfield Kern CA 93308


City County State Zip

Phone ( 661-496-2582
)

5. E d u c a t i o n - List schools attended and/or graduated/degree(s):

Bakersfield High School class of 1992

CSUB 2007 Bachelors of Science Business Degree with a Finance Concentration


6. Other Special Training or Experience:
California Real Estate Brokers License issued 12/18/1999 #01215474 (sales person license issued 11/4/1996)

National Mortgage Licensing System license #1459028


I have been involved in many hundreds of real estate transactions in Bakersfield and Kern County either as
lender, broker, or investor.

7. Previous and present governmental and civic experience. Indicate when, position and duties:

I have not served in a government position previously

8. Please explain why you wish to serve on a Board/Comnnission for the City of Bakersfield:

I have more than 20 years of real estate experience to put to use for a community that I care deeply about.

Bakersfield has been a wonderful place for my wife and I to raise a family. I want the City to continue to grow

and improve. I have the skills and experience to contribute to the Planning Commission in a competent,

interested, thoughtful and thorough way.

9. Do you hove any interests or associations which might present a conflict of interest? If yes,
please explain:

None

Please attach your resume, and any additional information or statements which you feel would be tielpful in
reviewing your qualifications.

A U T H O R I Z AT I O N A N D R E L E A S E

I understand that in connection with this application for appointment, the information contained herein will be
made available to the general public upon request.

1/3/2017
Signature of Applicant Date
N a m e Scott Hanson

CITY OF BAKERSFIELD
P L A N N I N G C O M M I S S I O N S U P P L E M E N TA L Q U E S T I O N N A I R E

1. Describe what you believe would be your role as a member of the Planning
Commission.
As a member of the Planning Commission, I will attend Commission meetings, review
staff reports on proposed projects, visit project sites, and review city ordinances and
General Plan guidelines in an effort to gain a thorough understanding of the projects
being proposed and any issues or conflflicts at hand. From this, I will form an opinion and
cast my vote on matters brought before the Commission.

2. What professional or personal experiences have prepared you to serve as a


Planning Commissioner?
I have been involved in hundreds of real estate transactions throughout Bakersfifield and
Kern County as either investor, lender or broker. I have construction and
development experience. I understand the importance of the City planning process.
I have an interest in giving back to this community by applying my experience and skills
to the City planning process.

3. What major issue{s) do you see facing the Planning Commission in the
upcoming year?
The Planning Commission will need to remain diligent in accomplishing its goal of
maintaining and interpreting the City's General Plan and zoning ordinance, and continue
to make recommedations for improvement.

4. As a member of the Planning Commission, what issues would you advocate


addressing?
I advocate for responsible development and growth. I want Bakersfifield to continue to grow
in a positive way. This means growth through expansion into new areas but it also
means development and re-development within our existing city limits. I want projects
that improve the City's economic and housing outlook in an aestheticly pleasing way.

5. Describe how you would arrive at a decision when confronted with different
points of view derived from the same set of facts.
I have been confronted with this challenge countless times through various business dealings.
I arrive at a decision by sticking to the facts. When faced with different points of view, fifirst I listen
and seek to understand the various points of view. Ultimately I must decide for myself
based on the facts and the materials presented. I must come to a fifinal decision to the
best of my ability.
Please return this supplemental questionnaire with your application to serve on the City Planning
Commission.
ADAM COHEN
BAKERSFIELD, CALIFORNIA

Dear Mayor Goh, Vice Mayor Smith and Members of the Council:

Thank you for your consideration as a member of the Planning Commission. I respectfully provide this
letter in response to the supplemental questionnaire for the commission. For me, this is personal. My
roots in Bakersfield stretch back three generations, and include every corner of this city from Rio Bravo to
Seven Oaks. These places arent just neighborhoods. Theyre my familys home. Our home.

My grandparents arrived here in the 1970s purchasing a Tenneco West home in Stockdale Estates. At that
time, Gosford Road was the Western edge of our citys crabgrass frontier. A lot has changed since my
family moved to Bakersfield. Weve added 300,000 residents and have grown in every direction. For
decades, the history of Bakersfield has been growth. Even though Bakersfields growth fluctuates
depending on economic conditions, the underlying upward trend hasnt changed much.

Fundamentally, the Planning Commissions role is to maintain and enhance our communitys quality of
life, and to be stewards of our communitys future. Around our citys culture of growth, the questions
confronting our Planning Commission revolve around growth often how to accommodate and guide it.
On a more technical level, it is our responsibility to interpret the citys General Plan, recommend its
implementation, review and make recommendations on the citys zoning ordinances, review and approve
subdivisions and parcel maps, and more broadly facilitate and ensure fair public process for everyone. The
Planning Commission represents a key opportunity to identify community concerns and opportunities to
mitigate these concerns through better design and community planning.

I have more than a decade of multi-disciplinary planning experience spanning the public and private
sector, including:
Interpreting and applying applicable state, county, and municipal codes, ordinances, and
regulations;
Recommending actions necessary to correct deficiencies or violations of ordinances and
regulations;
Assisting with current and future planning processes;
Conducting review of various development applications including plats and subdivision maps, site
plans, and requests for variances and rezoning;
Implementing long-range plans;
Developing strategies to promote economic and community development consistent with the
communitys plans, vision, and goals;
Evaluating the adequacy of community infrastructure in meeting current and projected needs; and
Conducting a variety of technical studies (e.g., traffic, environmental impact, and others)

Professionally, I am an urban planner and transportation researcher at the Transportation Sustainability


Research Center at the University of California, Berkeley. TSRC has assisted in developing and
implementing major California and federal regulations and initiatives regarding sustainable planning
including: California Global Warming Solutions Act (AB 32), the Low Emission Vehicle Program, the
ADAM COHEN
BAKERSFIELD, CALIFORNIA

California Clean Cars Program (AB 1493), Low Carbon Fuel Standards policies, Sustainable Communities
and Climate Protection Act (SB 375), and the federal Energy Independence and Security Act of 2007.
Since joining the group in 2004, my research has focused on Smart Cities, mobility on demand, and other
emerging urban planning innovations and transportation technologies. Ive advised more than 50 cities on
their zoning, parking, and development regulations. Most recently, Ive authored an American Planning
Association report providing guidance to cities on how to revise and adapt their zoning codes, parking
requirements, and developer regulations to respond to changes in the future of transportation.

In 2005, I was selected as the District VI Institute of Transportation Engineers (ITE) fellow. ITE is an
international professional association comprised of planners, engineers, consultants, and researchers. In
2008, I completed a Masters in City and Regional Planning (MCRP), focusing transportation and land use
from Georgia Tech.

In addition to my professional education, I have worked as a professional planner at all levels of


government. I worked as a junior planner and transportation engineer for the Gwinnett County
Department of Transportation where I conducted traffic studies on the impacts of development projects,
worked with staff to review various development applications and plat maps, and interpreted local and
county codes, ordinances, and regulations to ensure compliance. Additionally, Ive also worked as a
planner for the Federal Emergency Management Agency (FEMA) at their regional headquarters in
Atlanta, Georgia. I also served two terms as the elected Vice Chairman of the Atlanta-Fulton County
Local Emergency Planning Committee and served as an adviser to the City of Atlanta Department of
Watershed Management.

I also worked on the transition team for the incorporation of the City of Sandy Springs, Georgia. At the
time of the transition, Sandy Springs had approximately 90,000 residents making it the third largest city in
the United States to incorporate. As part of the transition team, I helped establish a municipal government
and ensure continuity of services including fire, police, and planning functions during the transition from
Fulton County to Sandy Springs. Finally, I have served as an adviser on numerous large scale brownfield
redevelopment projects, including the redevelopment of two automobile manufacturing plants and a steel
manufacturing plant in the Atlanta metropolitan area.

With that being said, this multi-disciplinary planning experience enables me to analyze projects from a
wide-array of perspectives to identify potential concerns and identify opportunities for potential
enhancement.

There are a number of issues confronting the Planning Commission this year. This year, a number of
prominent commercial projects will be brought to the Planning Commission for review. A few of these
include developments at Stockdale Highway and Allen Road as well as the redevelopment of East Hills
Mall. In addition to individual projects, the implementation of Proposition 64 may have significant
impacts on local planning. Proposition 64 which legalized the recreational use of marijuana presents a
number of issues that the Planning Commission, City Council, and City Attorney will need to address.
This could include the ban, approval, or regulation of dispensaries in a variety of ways. Another key issue
ADAM COHEN
BAKERSFIELD, CALIFORNIA

will be ensuring compliance with SB375. SB375, currently in effect, requires metropolitan planning
organizations to develop a Sustainable Communities Strategy (SCS) as part of the Regional Transportation
Plan (RTP). The Kern Council of Governments is currently working to update the regions SCS. The SCS
identifies the general location of uses, densities, and development intensities in the region. Maintaining
compliance with the citys General Plan and the regions SCS will be important as a new SCS is developed
and implemented.

In the coming year, I would encourage the commission to address the following key issues:
Maintain Bakersfields role as a major regional employment, population, and cultural center
through development that encourages expanded opportunity for housing and jobs, while retaining
the character of established residential neighborhoods and business centers;
Enhance Bakersfields housing market by providing housing of different types, tenures, density,
sizes, costs, and locations to accommodate the diverse needs and preferences of our community;
Development, densification, and revitalization of downtown;
Redevelopment and revitalization of blighted parcels, including greyfield commercial sites such as
East Hills Mall;
Promote and enhance economic, housing, and community development;
Foster a strong and diverse local economy;
Maintain and enhance our citys cultural, historical, and recreational assets; and
Encourage multi-modal transportation and the incorporation of bicycle infrastructure.

If confronted with different points of view derived from the same set of facts, I would develop a decision
by always closely reviewing submitted materials and seeking clarification if needed; ensuring its compliance
with all applicable ordinances, codes, and regulations; closely reviewing and considering staff reports and
recommendations; evaluating proposals by closely weighing the merits of all parties/views presented; and
making decisions consistent with adopted plans. I would also conduct site visits, meet with the applicant
and concerned citizens to actively listen and ask questions before arriving at a decision.

I do apologize for the length of this letter. It is, however, very necessary to more fully explain my
background and interest in the Planning Commission. Should you require additional information, or need
me to clarify any statements made in this application, please do not hesitate to contact me at your earliest
convenience. You have my gratitude for your time and consideration.

Very sincerely,

Adam Cohen
ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Consent - Minutes a.

TO: Honorable Mayor and City Council


FROM: Pamela McCarthy, Interim City Clerk
DATE: 12/28/2016
WARD:
SUBJECT: Approval of minutes of the February 15, 2017, Regular City Council
Meetings.

STAFF RECOMMENDATION:

BACKGROUND:

ATTACHMENTS:
Description Type
Minutes Backup Material
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 15, 2017
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings- 3:30 p.m. and 5:15 p.m.

REGULAR MEETING 3:30 p.m. ACTION TAKEN

1. ROLL CALL

Present: Mayor Goh, Vice-Mayor Smith,


Councilmembers Rivera, Gonzales, Weir
(seated at 3:37 p.m.), Sullivan (seated at
3:34 p.m.), Parlier

Absent: None

2. PUBLIC STATEMENTS

None.

3. WORKSHOPS

None.

4. CLOSED SESSION

a. Conference with Legal Counsel Potential


Litigation; Closed Session pursuant to
Government Code section 54956.9(d)(2),(e)(1)
(two matters).

Motion by Vice-Mayor Smith to adjourn to Closed APPROVED


AB WEIR, SULLIVAN
Session at 3:31 p.m.

Motion by Councilmember Weir to adjourn from APPROVED


Closed Session at 5:07 p.m.

Meeting reconvened at 5:09 p.m.


Bakersfield, California, February 15, 2017 Page 2

5. CLOSED SESSION ACTION ACTION TAKEN

a. Conference with Legal Counsel Potential (1) STAFF WAS


Litigation; Closed Session pursuant to GIVEN DIRECTION
Government Code section 54956.9(d)(2),(e)(1) (2) NO REPORTABLE
(two matters). ACTION

6. ADJOURNMENT

Mayor Goh adjourned the Closed Session meeting at


5:10 p.m.

REGULAR MEETING 5:15 p.m.

1. ROLL CALL

Present: Mayor Goh, Vice-Mayor Smith,


Councilmembers Rivera, Gonzales, Weir,
Sullivan, Parlier

Absent: None

2. INVOCATION by Pastor Tony Kim, Renaissance


Bakersfield.

3. PLEDGE OF ALLEGIANCE by Emily Frank, 10th grade


student at Bakersfield High School.

4. PRESENTATIONS

a. Presentation of a Proclamation by Mayor Goh


to Kristy Oropeza, Heidi Carter Escudero, and
Bakersfield Fire Department Chief Doug
Greener declaring February, 2017, Safely
Surrendered Baby Awareness Month.

Ms. Oropeza, Chair of the Safe Surrender Baby


Coalition, accepted the Proclamation, made
comments, and submitted written material.
Bakersfield, California, February 15, 2017 Page 3

5. PUBLIC STATEMENTS ACTION TAKEN

a. Savanna Lee, on behalf of the World Mission


Society Church of God of Bakersfield, spoke
regarding their non-denominational
international Christian church and invited the
Mayor and Council to their clean-up of Baker
Street on February 26th.

b. Cindy Parra, City appointed representative for


the Golden Empire Transit District (G.E.T.) Board,
provided an update on the Board; and advised
a workshop will be held on February 21st to
discuss plans for the future of the Golden
Empire Transit District.

c. The following individuals expressed concern


with the Police Department and requested
Council consideration for the purchase of
body cameras for all officers and the formation
of a citizens police oversight committee:
Xavier Hines; Timothy Grismore; and Patrick
Jackson.

Councilmember Parlier advised that this matter


has been referred to the Budget and Finance
Committee.

d. Douglas Howard spoke regarding possible


encroachment and safety violations at 110
Augusta Street and submitted written material.

e. The following individuals spoke in opposition to


Property Assessed Clean Energy (PACE)
programs in the city: Sara Silvestro; Sheri Anthes,
Broker Associate for Coldwell Banker and
Realtor; Jeanne Radsick, a Realtor on behalf of
Bakersfield Association of Realtors; and Gary
Crabtree, representing the Real Estate Anti-
fraud Coalition.

Councilmember Gonzales referred this matter


to the Budget and Finance Committee for
review of the program.
Bakersfield, California, February 15, 2017 Page 4

5. PUBLIC STATEMENTS continued ACTION TAKEN

f. The following individuals spoke in support of


PACE loans in the City of Bakersfield: Dustin
Reilich, Senior Director of Municipal
Development for the HERO Financing Program
by Renovate America (submitted written
material); Brian McCarty, Kern County Account
Manager for the HERO PACE program
(submitted written material); Kent Greer, owner
of Banners Air Conditioning; Mark DeVries;
Scott Gurnett, co-owner of Divine Power USA;
Tracy Tate, Regional Community Engagement
Manager for HERO Property Advisors Team for
Renovate America; Don Lanier, from Northwest
Exteriors; and George Apostoloponlos, from
YGRENE Works PACE Program.

6. WORKSHOPS

a. Events at Bright House Networks Amphitheatre.

City Clerk McCarthy announced e-mail


correspondence was received from Dan Brito
and Karie Wobbe, in opposition to the
extended fencing area.

City Manager Tandy made staff comments and


provided a PowerPoint presentation.

Steve Eckerson, General Manager for


Rabobank Arena, made additional comments.

Motion by Vice-Mayor Smith to approve staffs APPROVED


recommendation and close the portion of the
park depicted in the photograph three hours
before the advertised start time of shows on
event nights.

7. APPOINTMENTS

None.

8. CONSENT CALENDAR

Minutes:

a. Approval of minutes of the January 25, 2017,


Special and Regular City Council Meetings and
the January 31, 2017 Special City Council
Meeting.
Bakersfield, California, February 15, 2017 Page 5

8. CONSENT CALENDAR continued ACTION TAKEN

Payments:

b. Receive and file department payments from


January 13, 2017 to February 2, 2017, in the
amount of $23,513,446.01, Self-Insurance
payments from January 13, 2017 to February 2,
2017, in the amount of $520,643.66, totaling
$24,034,089.67.

Ordinances:

c. First reading of Ordinance amending Chapter FR


8.16 of the Bakersfield Municipal Code relating
to Ice Cream Vendors.

d. First reading of an ordinance amending FR


Bakersfield Municipal Code Section 1.12.070 by
adding Annexation No. 661 consisting of 1.81
acres located along the north side of Ming
Avenue, east and west of Baldwin Road and
Annexation No. 665 consisting of 22.06 acres
located along the south side of Taft Highway,
generally east of Compagnoni Street to Ward 7.

e. Adoption of ordinance amending Bakersfield ORD 4887


Municipal Code Sections 1.12.040 and 1.12.070
by adding Annexation No. 651 consisting of
31.78 acres located along the south side of
Seventh Standard Road, generally east of Allen
Road to Ward 4 and Annexation No. 662
consisting of 4.96 acres located at the
northwest corner of Castro Lane and Kingsley
Lane to Ward 7. (FR 01/25/17)

f. Adoption of ordinance amending the Official ORD 4888


Zoning Map in Title 17 of the Bakersfield
Municipal Code by changing the zone district
from A (Agriculture) to C-2 (Regional
Commercial) and R-3 (High Density Residential)
on 13.5 acres located at the southwest corner
of Hosking Avenue and South Union Avenue
(ZC # 16-0128; Porter & Associates, representing
Floyd G. & Loretta M. Hinesley). (FR 01/25/17)
Bakersfield, California, February 15, 2017 Page 6

8. CONSENT CALENDAR continued ACTION TAKEN

g. Adoption of ordinance amending the Official ORD 4889


Zoning Map in Title 17 of the Bakersfield
Municipal Code by changing the zone district
from C-1 (Neighborhood Commercial) and R-1
(One Family Dwelling) to P.U.D. (Planned Unit
Development) zone district on 17.78 acres
located at the northeast corner of Old Farm
Road and Noriega Road. (ZC # 16-0264;
McIntosh & Associates, representing Kern Land
Partners, LLC). (FR 01/25/17)

Resolutions:

h. Dispense with normal bidding procedures for


repairs of a segment of the Westside Parkway:

1. Resolution dispensing with bidding RES 021-17


procedures due to emergency repairs
required for a short section of the
inside eastbound lane and inside
shoulder of the Westside Parkway,
located between the Calloway Drive
on-ramp and the Coffee Road off-ramp,
and authorizing work to remedy the
drainage repairs, not to exceed
$240,000.

2. Transfer $240,000 of savings from the


PG&E Tower Relocation on the Westside
Parkway Project to fund said emergency
repairs within the Gas Tax Fund.

i. Disposal of Real Property:

1. Resolution declaring real property at RES 022-17


3900 White Lane as surplus to the needs
of the City and authorizing the Finance
Director to negotiate its sale.

2. Agreement with Raeleen J. Boykin, AGR 17-024


Executrix of the Estate Guy H. Wilkins to
purchase said property for $50,000.
Bakersfield, California, February 15, 2017 Page 7

8. CONSENT CALENDAR continued ACTION TAKEN

j. Amendment No. 1 to Resolution No. 054-15 to RES 054-15(1)


include additional major parts and equipment
to original resolution which determined that the
purchase of four Vaughan Chopper Pumps
required for the Wastewater Treatment Plant
No. 3 digester mixing system cannot be
reasonably obtained through the usual bidding
procedures and authorizing the finance
director to dispense with bidding therefor,
revised not to exceed amount of $315,000.

Agreements:

k. Mount Vernon Green Waste Facility Operations:

1. Approve Agreement with K & I Services AGR 17-025


($300,000) for hauling wood chips from
the Mount Vernon Green Waste Facility.

2. Appropriate $300,000 Refuse Fund


balance to the Refuse Fund Operating
Budget for green waste hauling services.

l. Amendment No. 2 to Agreement No. 15-130 AGR 15-130(2)


with A-C Electric Company ($208,176; revised
not to exceed $598,176) for electrical services
for the conveyor system project at the Mount
Vernon Green Waste Recycling Facility.

m. Amendment No. 2 to Agreement No. 14-069 AGR 14-069(2)


with TYLin International ($1,586,163; revised not
to exceed $5,076,163; funded with 88.53%
Federal Funds and 11.47% Gas Tax Funds) for
Engineering Design Services for the 24th Street
Improvements Project. (TRIP)

n. Amendment No. 2 to Agreement No. 14-078 AGR 14-078(2)


with RRM Design Group ($27,900; revised not to
exceed $590,322.50 and extend term one year)
for design services of the Bakersfield Sports
Village Phase 3.

o. Amendment No. 2 to Agreement No. 15-036 AGR 15-036(2)


with San Joaquin Fence and Supply (extend
term one year) for the continued supply of
fencing.
Bakersfield, California, February 15, 2017 Page 8

8. CONSENT CALENDAR continued ACTION TAKEN

p. Amendment No. 1 to Agreement No. 15-057 AGR 15-057(1)


with Stinson Stationers, Inc. ($375,000 and
extend term one year) for the continued supply
of office supplies.

q. Amendment No. 2 to Agreement No. 15-185 AGR 15-185(2)


with Kern Sprinkler Landscaping Inc. (increase
compensation $120,000) for the continued
supply of on-call irrigation and landscape
services.

r. Rosedale Highway Widening Project (TRIP):

1. Contract Change Order Nos. 98 and 99 AGR 15-009


to Agreement No. 15-009 with Teichert CCO 98, CCO 99
Construction ($115,805.64; revised not to
exceed $19,095,734.75; Change Orders
funded with Gas Tax Funds) for
construction of said project.

2. Transfer $116,000.00 savings from the


PG&E Tower Relocation on Westside
Parkway Project to the Rosedale
Highway Widening project to fund
change orders.

Property Acquisition Agreements - TRIP:

s. Accept bid and approve contract with Interior AGR 17-026


Demolition, Inc. ($194,000) for Demolition of
Improvements at 100 Dunlap Street, 101 Dunlap
Street, 104 Dunlap Street, 108 Dunlap Street, 136
Dunlap Street, 5091 Easton Drive, 4304 Joseph
Drive, 3201 Mona Way, 109 Morrison Street and
4504 Woodlake Drive - Phase 17 for the
Centennial Corridor Project. (TRIP)

Bids:

t. Reject bid for a Housing and Urban


Development-Funded door project at the
Martin Luther King Community Center.

u. Accept bid and approve contract to AGR 17-027


Pavement Recycling System, Incorporated (not
to exceed $468,500) for an annual contract for
cold planing services.
Bakersfield, California, February 15, 2017 Page 9

8. CONSENT CALENDAR continued ACTION TAKEN

v. Accept bid from Jim Burke Ford, Bakersfield


($72,783.28) for two replacement two wheel
drive pickups with service bodies for use by the
Public Works Department, General Services
Division.

w. Accept proposal and award contract to Zim AGR 17-028


Industries, Inc. dba Bakersfield Well and Pump
Company (not to exceed $350,000) for on-call
services for maintenance and repair of the
Citys agricultural and domestic water wells.

Miscellaneous:

x. Appropriate $15,000.00 Federal Grant Revenues


(2016 Sex Offender Registration and Notification
Act (SORNA) Reallocation funded through the
Edward Byrne Memorial Competitive Grant
Program of the U.S. Department of Justice) to
the General Fund Police Operating Budget, to
purchase equipment and provide training to
enhance sex offender registration and
notification processes.

y. Distribution of $222,070 from the Board of State


and Community Corrections to the
municipalities, contract cities and special
districts in Kern County in accordance with the
terms agreed upon by the Chiefs of Police of
each city and special district within Kern
County and the Kern County Sheriff.

Successor Agency Business:

z. Receive and file Successor Agency payments


from January 13, 2017 to February 2, 2017 in the
amount of $321,700.26.

Motion by Vice-Mayor Smith to adopt Consent APPROVED


Calendar items 8.a. through 8.z.

9. CONSENT CALENDAR PUBLIC HEARINGS

None.
Bakersfield, California, February 15, 2017 Page 10

10. HEARINGS ACTION TAKEN

a. Resolution making findings and updating the RES 023-17


Capital Improvement Plan for the existing
Metropolitan Bakersfield Habitat Conservation
Plan. A finding that the project is exempt
from CEQA will also be considered. (continued
from the 01/04/17 meeting)

Community Development Director Kitchen


made staff comments and provided a
PowerPoint presentation.

Hearing item 10.a. opened at 6:23 p.m.

No one spoke.

Hearing item 10.a. opened at 6:24 p.m.

Motion by Vice-Mayor Smith to adopt the Resolution. APPROVED

b. Appeal by the Neighbors for a Safe Valley RES 024-17


Plaza of the January 10, 2017 decision of the
Board of Zoning Adjustment to approve a
Conditional Use Permit to allow alcohol
sales/consumption in a movie theater in a C-2
(Regional Commercial Zone) district, located at
2000 Wible Road.

Staff recommends adopting a resolution approving


Conditional Use Permit No. 16-0421, as recommended
by Staff and subject to the listed conditions of
approval in Exhibit A of the attached resolution.

Community Development Director Kitchen


made staff comments and provided a
PowerPoint presentation.

Hearing item 10.b. opened at 6:35 p.m.

Michael Ayaz, representing Reading Cinemas


Theater, and Ken Gillich, Senior Director of Food
and Beverage for Reading Cinemas, spoke in
opposition to the staff recommendation.

Noel Pineo spoke in support of the staff


recommendation.
Bakersfield, California, February 15, 2017 Page 11

10. HEARINGS continued ACTION TAKEN


ITEM 10.b. CONTINUED

Michael Ayaz and Terri Moore spoke in rebuttal


opposition to the staff recommendation.

No one spoke in rebuttal support of the staff


recommendation.

Hearing item 10.b. closed at 6:54 p.m.

Motion by Councilmember Parlier to approve the staff WITHDRAWN


recommendation and adopt the Resolution.

Vice-Mayor Smith requested this matter be continued


to a future meeting in order to clarify what the
applicants intentions for the project.

Mayor Goh recessed the meeting at 7:37 p.m. and


reconvened the meeting at 7:43 p.m.

Councilmember Parlier withdrew his motion to


approve the staff recommendation and adopt the
Resolution.

Motion by Councilmember Parlier upholding the APPROVED


appeal denying the Conditional Use Permit without
prejudice, thereby allowing the applicant to come
back without waiting a year and reapply for a CUP,
which will come directly to the City Council, bypassing
the Board of Zoning Agency, and waiving the re-
application fee.

11. REPORTS

None.

12. DEFERRED BUSINESS

None.

13. NEW BUSINESS

None.

14. COUNCIL AND MAYOR STATEMENTS

Vice-Mayor Smith expressed his appreciation to staff


for Consent Calendar item 8.n., regarding the
principle soccer field at Bakersfield Sports Village.

Councilmember Gonzales praised the Fire


Department for their effort in putting out a fire on
Espee Street.
Bakersfield, California, February 15, 2017 Page 12

14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN

Councilmember Gonzales stated three community


meetings were recently held for residents at Westpark
regarding the Centennial Corridor Project; and
thanked staff for their assistance.

Councilmember Gonzales indicated he had the


opportunity to ride-along with the Police Departments
Impact Team and was impressed with their effort to
address quality of life issues around the city.

15. ADJOURNMENT

Mayor Goh adjourned the meeting at 7:50 p.m.

___________________________________
MAYOR of the City of Bakersfield, CA

ATTEST:

___________________________________
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Consent - Payments b.

TO: Honorable Mayor and City Council


FROM: Nelson K. Smith, Finance Director
DATE: 2/24/2017
WARD:
SUBJECT: Receive and file department payments from February 3, 2017 to
February 23, 2017, in the amount of $19,059,475.31, Self-Insurance
payments, from February 3, 2017 to February 23, 2017, in the amount
of $1,338,803.30 totaling, $20,398,278.61.

STAFF RECOMMENDATION:

Staff recommends report be received and filed.


BACKGROUND:

ATTACHMENTS:
Description Type
1- AP Check Register Admin 3-08-2017 Backup Material
2- EAP Check Register Admin 3-08-2017 Backup Material
2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1
FROM 2/03/2017 to 2/23/2017
Check Vendor
Number Number Vendor Name Check Date Check Amount
654209 10047 BAKERSFIELD ORCHARD LTD LLC Feb 3, 2017 $2,877.61
654210 10037 CARLENE CARLSON Feb 3, 2017 $160.00
654211 29187 CASTELLANOS, MANUELA Feb 3, 2017 $3,342.00
654212 10047 CHESTER LANE APTS Feb 3, 2017 $78.87
654213 10047 CLAYPOOL, JOHN T Feb 3, 2017 $97.76
654214 28108 CONSTANTINO, TERI Feb 3, 2017 $955.50
654215 10047 DOUBLETREE HOTEL BAKERSFIELD Feb 3, 2017 $1,786.23
654216 24281 DUNN-YONKE, DEBRA Feb 3, 2017 $84.00
654217 16862 HEALTHCOMP INC Feb 3, 2017 $166.32
654218 10037 HOMETOWN PLUMBING Feb 3, 2017 $400.00
654219 10047 NASPAT INC Feb 3, 2017 $141.09
654220 10114 O'DONLEY, LONI Feb 3, 2017 $39.00
654221 10047 PHYSICIANS AUTOMATED LAB INC Feb 3, 2017 $1,396.68
654222 10037 RAMIRO RAMOS Feb 3, 2017 $40.00
654223 28920 SIMS, RONALD Feb 3, 2017 $68.25
654224 70187 STANS DISCOUNT PLUMBING Feb 3, 2017 $400.00
654225 10047 T G I F AUTOMOTIVE Feb 3, 2017 $49.49
654226 10047 TYLER, LISA SELF Feb 3, 2017 $23.60
654227 10047 VALERO #3074 Feb 3, 2017 $1,132.47
654228 28829 VASQUEZ, ROSARIO Feb 3, 2017 $16.90
654229 10047 VOGEL ELECTRIC Feb 3, 2017 $62.23
654230 10047 W W HARPER POOLS Feb 3, 2017 $115.46
654231 70031 WALLACE & SMITH CONTRACTORS Feb 3, 2017 $300.00
654232 25541 WATTS, BOBBY Feb 3, 2017 $48.75
654233 28865 BLUE SHIELD OF CALIFORNIA Feb 3, 2017 $6,112.91
654234 28865 BLUE SHIELD OF CALIFORNIA Feb 3, 2017 $586,673.88
654235 28865 BLUE SHIELD OF CALIFORNIA Feb 3, 2017 $5,236.64
654236 10292 CITY OF BAKERSFIELD Feb 3, 2017 $279.00
654237 29186 ENCANTO INVESTMENTS, LLC Feb 3, 2017 $11,215.96
654238 12857 KAISER PERMANENTE Feb 3, 2017 $37,077.58
654239 12857 KAISER PERMANENTE Feb 3, 2017 $1,194.76
654240 10113 MEDICAL EYE SERVICE COMPANY Feb 3, 2017 $111.78
654241 10113 MEDICAL EYE SERVICE COMPANY Feb 3, 2017 $17.25
654242 28 A C ELECTRIC COMPANY Feb 9, 2017 $7,128.00
654243 21453 ACOSTA, DAVID Feb 9, 2017 $107.49
654244 28831 ADVANCED INDUSTRIAL SERVICES Feb 9, 2017 $609.12
654245 19696 ALEMAN, KIM Feb 9, 2017 $104.33
654246 160 ALL THAT LETTERING SIGN COMPNY Feb 9, 2017 $783.20
654247 29145 ALL TREE CARE Feb 9, 2017 $7,436.00
654248 20182 ALON ASPHALT BAKERSFIELD INC Feb 9, 2017 $3,834.51
654249 23588 ALUMINUM CHUCK WAGON Feb 9, 2017 $1,237.50
654250 23222 ALVARADO, GABRIEL Feb 9, 2017 $550.00
654251 26375 AMERICAN BUILDING MAINTENANCE INC Feb 9, 2017 $1,539.18
654252 988 AMERICAN HEALTHCARE PRODUCTS Feb 9, 2017 $1,076.91
654253 13049 ARMA COATINGS OF BAKERSFIELD Feb 9, 2017 $402.19
654254 536 AVERY ASSOCIATES Feb 9, 2017 $4,213.38
654255 25180 B & R SUPPLY INC Feb 9, 2017 $20.38
654256 675 BAKERSFIELD CALIFORNIAN Feb 9, 2017 $2,120.88
654257 841 BAKERSFIELD RUBBER STAMP CO Feb 9, 2017 $150.15
654258 875 BAKERSFIELD TRUCK CENTER Feb 9, 2017 $120.74
654259 28807 BALLARD, WILLIAM R Feb 9, 2017 $180.00
654260 557 BARC Feb 9, 2017 $744.90

S:\Accounting\KAROL\Admin - Council\2017\COUNCIL-ADMIN\
2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2
FROM 2/03/2017 to 2/23/2017
Check Vendor
Number Number Vendor Name Check Date Check Amount
654261 945 BARNETT'S TOWING SERVICE INC Feb 9, 2017 $35.00
654262 14470 BAUER COMPRESSORS INCORPORATED Feb 9, 2017 $5,585.94
654263 29024 BLANTON, ALEX Feb 9, 2017 $180.00
654264 21328 BLOOMER, MICHAEL Feb 9, 2017 $370.00
654265 22817 BORN AGAIN BODYWORKS Feb 9, 2017 $516.96
654266 29194 BRILLANTES, JAMES Feb 9, 2017 $180.00
654267 1297 BROWN, DANNY Feb 9, 2017 $567.00
654268 15684 BUCKS LANDSCAPE MATERIALS Feb 9, 2017 $427.80
654269 23090 BURTONS FIRE INC Feb 9, 2017 $188.24
654270 5737 CMRTA Feb 9, 2017 $100.00
654271 1477 CAL VALLEY EQUIPMENT INC Feb 9, 2017 $482.64
654272 23736 CALIFORNIA EMINENT DOMAIN LAW GROUP Feb 9, 2017 $3,185.50
654273 1695 CALIFORNIA WATER SERVICE CO Feb 9, 2017 $104,368.00
654274 1803 CASCADE FIRE EQUIPMENT CO Feb 9, 2017 $337.71
654275 29025 CATER, JASON Feb 9, 2017 $70.00
654276 27074 CEN-CAL CONSTRUCTION INC Feb 9, 2017 $96,123.41
654277 28994 CENTRAL VALLEY ENVIRONMENTAL Feb 9, 2017 $277,800.00
654278 1888 CHAMPION HARDWARE Feb 9, 2017 $400.56
654279 23786 CHART INDUSTRIES Feb 9, 2017 $2,584.96
654280 29017 CLEAN WRIGHT SERVICE Feb 9, 2017 $346.00
654281 2050 CLIFFORD & BROWN Feb 9, 2017 $60.40
654282 17380 COMPUTERLAND OF SILICON VALLEY Feb 9, 2017 $4,437.63
654283 29132 CORONA CLAY COMPANY Feb 9, 2017 $5,655.00
654284 4433 COUNTY OF KERN ENVIRONMENTAL Feb 9, 2017 $12,565.70
654285 26855 CRASH DATA GROUPINC Feb 9, 2017 $899.00
654286 10285 CRIDER CONSTRUCTION INC Feb 9, 2017 $13,394.75
654287 22578 CRITICAL REACH INC Feb 9, 2017 $825.00
654288 2245 CROCKER JANITORIAL SUPPLY CO Feb 9, 2017 $3,145.97
654289 22504 CROP PRODUCTION SERVICES INC Feb 9, 2017 $4,837.50
654290 27218 CUMMINS PACIFIC LLC Feb 9, 2017 $23.39
654291 27296 D & D DISPOSAL INC Feb 9, 2017 $880.00
654292 25337 DAVES FLEET MAINT & TOWING INC Feb 9, 2017 $110.00
654293 11954 DEPARTMENT OF INDUSTRIAL RELATIONS Feb 9, 2017 $675.00
654294 24213 DIAMOND H HAULING Feb 9, 2017 $1,200.00
654295 21765 DOW, AARON Feb 9, 2017 $180.00
654296 18544 DUANE MORRIS LLP Feb 9, 2017 $112,116.42
654297 29111 ENVIROTEK CORPORATION Feb 9, 2017 $2,444.60
654298 29141 ESPARZA, JORGE Feb 9, 2017 $360.00
654299 2830 EWING IRRIGATION PRODUCTS Feb 9, 2017 $97.69
654300 2901 FEDEX Feb 9, 2017 $234.34
654301 27159 FERNANDEZ, MARKO Feb 9, 2017 $107.13
654302 19657 FIRST CHOICE SERVICES INC Feb 9, 2017 $288.79
654303 25339 FLEET SERVICES TOWING INC Feb 9, 2017 $110.00
654304 16455 FLORES, JAIME Feb 9, 2017 $177.99
654305 3028 FLOYDS GENERAL STORE Feb 9, 2017 $150.83
654306 29197 FRICKSON, RANDY Feb 9, 2017 $360.00
654307 3213 GALLS, LLC Feb 9, 2017 $7,128.24
654308 26295 GARCIA, RAYMOND JR Feb 9, 2017 $10.00
654309 29193 GARDLEY, ERIC Feb 9, 2017 $180.00
654310 28064 GENERAL TREE SERVICE INC Feb 9, 2017 $8,425.00
654311 18722 GLOBALSTAR USA INC Feb 9, 2017 $69.31
654312 18893 GRIMES, JEREMY Feb 9, 2017 $115.00

S:\Accounting\KAROL\Admin - Council\2017\COUNCIL-ADMIN\
2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 3
FROM 2/03/2017 to 2/23/2017
Check Vendor
Number Number Vendor Name Check Date Check Amount
654313 3569 H & S BODY WORKS & TOWING Feb 9, 2017 $110.00
654314 23804 HERNANDEZ, MATTHEW Feb 9, 2017 $180.00
654315 21145 HICKS, DENNIS Feb 9, 2017 $51.25
654316 11582 HLUZA, CYNDEE Feb 9, 2017 $2,682.98
654317 27026 HOEFT, SHANE Feb 9, 2017 $180.00
654318 25159 ID WHOLESALER Feb 9, 2017 $280.50
654319 3969 INSTANT STORAGE Feb 9, 2017 $100.98
654320 20795 IPC USA INC Feb 9, 2017 $21,158.76
654321 28917 JAN-PRO CLEANING SYSTEMS Feb 9, 2017 $1,365.00
654322 147 JIM ALFTER CEMENT CONTRACTOR Feb 9, 2017 $96,099.35
654323 25527 JTB SUPPLY CO INC Feb 9, 2017 $2,037.53
654324 4528 KERN COUNTY PUBLIC HEALTH SERV Feb 9, 2017 $132,546.04
654325 4439 KERN COUNTY WASTE MANAGEMENT Feb 9, 2017 $141.12
654326 4573 KERN COUNTY WATER AGENCY Feb 9, 2017 $9,286.59
654327 4577 KERN DELTA WATER DIST Feb 9, 2017 $1,532.75
654328 4677 KERN REFUSE DISPOSAL, INC Feb 9, 2017 $6,000.00
654329 23434 KINNEY, STEVEN P Feb 9, 2017 $146.00
654330 4875 KNIGHTS PUMPING & PORTABLE SVC INC Feb 9, 2017 $80.87
654331 29196 KOSKIE, CHRISTOPHER J Feb 9, 2017 $360.00
654332 12552 KURB KUT Feb 9, 2017 $599.00
654333 23743 LANDSCAPE DEVELOPMENT INC Feb 9, 2017 $1,348.33
654334 28956 LD MAINTENANCE & CONSTRUCTION Feb 9, 2017 $950.00
654335 15150 LOPEZ, RAUL Feb 9, 2017 $288.47
654336 19104 MANUEL, ROBERT Feb 9, 2017 $115.80
654337 5291 MARTIN & CHAPMAN Feb 9, 2017 $36.13
654338 29198 MARTINEZ, RICARDO Feb 9, 2017 $180.00
654339 28760 MEDIWASTE DISPOSAL LLC Feb 9, 2017 $64.00
654340 27136 METRO MEDICAL SUPPLY INC Feb 9, 2017 $2,477.48
654341 14119 METRO RECORD STORAGE INC Feb 9, 2017 $26.00
654342 21693 MICHEL, ALBERTO Feb 9, 2017 $550.00
654343 1316 MICHELIN NORTH AMERICA INC Feb 9, 2017 $7,661.90
654344 25111 MIWALL CORPORATION Feb 9, 2017 $13,406.25
654345 16464 MORETTI, SAL Feb 9, 2017 $1,500.00
654346 27089 NEOPOST USA INC Feb 9, 2017 $86.71
654347 25752 NISHIKAWA PROPERTY MAINTENANCE INC Feb 9, 2017 $7,169.00
654348 20361 NOSSAMAN LLP Feb 9, 2017 $15,663.49
654349 28052 OCHOA, RICARDO Feb 9, 2017 $106.18
654350 10361 OPEN & SHUT ENTERPRISES Feb 9, 2017 $75.08
654351 28640 OPEN TEXT CORPORATION Feb 9, 2017 $13,132.70
654352 22301 OVERLAND PACIFIC & CUTLER INC Feb 9, 2017 $328,565.95
654353 6448 P T O SALES CORP / TRUCKPRO LLC Feb 9, 2017 $999.27
654354 29185 PACIFIC CONSTRUCTION SERVICES INC Feb 9, 2017 $9,986.00
654355 6119 PACIFIC MECHANICAL Feb 9, 2017 $1,203.11
654356 13209 PARKHOUSE TIRE INC Feb 9, 2017 $2,763.56
654357 11272 PEOPLE FACTS LLC Feb 9, 2017 $21.67
654358 24493 PERISCOPE HOLDINGS INC Feb 9, 2017 $445.50
654359 24207 PILAR, JOSE Feb 9, 2017 $195.80
654360 27911 PORTERVILLE FORD Feb 9, 2017 $1,429.02
654361 24181 POULOS, NICK Feb 9, 2017 $360.00
654362 20713 RANDY'S TOWING Feb 9, 2017 $210.00
654363 3249 RAY GASKIN SERVICE INC Feb 9, 2017 $348.87
654364 6682 RAYMONDS TROPHY AND AWARDS Feb 9, 2017 $918.52

S:\Accounting\KAROL\Admin - Council\2017\COUNCIL-ADMIN\
2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 4
FROM 2/03/2017 to 2/23/2017
Check Vendor
Number Number Vendor Name Check Date Check Amount
654365 29099 ROTATIONAL MOLDING INC Feb 9, 2017 $29,655.05
654366 6915 ROUND-UP FEED AND PET SUPPLY Feb 9, 2017 $332.41
654367 28665 ROUTE READY PARTS Feb 9, 2017 $6,972.33
654368 27361 SC FUELS Feb 9, 2017 $10,809.62
654369 7189 SCHWEBEL PETROLEUM CO Feb 9, 2017 $133.00
654370 7434 SMART & FINAL IRIS COMPANY Feb 9, 2017 $617.81
654371 26043 SMITH, MATTHEW Feb 9, 2017 $360.00
654372 22473 SOILS ENGINEERING INC Feb 9, 2017 $5,030.00
654373 29190 STATE FARM INSURANCE AS SUBROGEE Feb 9, 2017 $4,356.90
654374 7660 STETSON ENGINEERS INC Feb 9, 2017 $330.00
654375 7667 STEVENS WATER MONITORING SYSTE Feb 9, 2017 $5,080.71
654376 19143 SUZETTE'S CLEANERS Feb 9, 2017 $400.95
654377 8180 T & T TRUCK AND CRANE INC. Feb 9, 2017 $646.80
654378 29053 TATES JANITORIAL SERVICE Feb 9, 2017 $4,058.33
654379 22165 TECH DISTRIBUTION & TIRE SUPPLY INC Feb 9, 2017 $78.19
654380 28733 TELELANGUAGE INC Feb 9, 2017 $938.52
654381 25338 TEN EIGHT TOW INC Feb 9, 2017 $35.00
654382 6732 THE REGENTS OF THE UNIVERSITY OF C Feb 9, 2017 $1,470.00
654383 29117 THE UPS STORE #5010 Feb 9, 2017 $73.61
654384 7999 THREE-WAY CHEVROLET Feb 9, 2017 $20.65
654385 17175 THYSSENKRUPP ELEVATOR INC Feb 9, 2017 $1,296.99
654386 18773 TRANE COMPANY INC Feb 9, 2017 $1,800.92
654387 21369 TRANS-WEST SECURITY INC Feb 9, 2017 $546.60
654388 96 TYACK TIRES INC Feb 9, 2017 $687.27
654389 15212 U.S. BEHAVIORAL HEALTH PLAN Feb 9, 2017 $2,277.66
654390 584 ULINE SHIPPING SUPPLY Feb 9, 2017 $550.79
654391 8319 UNITED PARCEL SERVICE Feb 9, 2017 $31.51
654392 10428 UNITED REFRIGERATION INC Feb 9, 2017 $98.05
654393 26060 VANGUARD CLEANING SYSTEMS INC Feb 9, 2017 $450.00
654394 16625 VICTORY CIRCLE INC Feb 9, 2017 $119.85
654395 15482 VULCAN MATERIALS CO Feb 9, 2017 $4,747.49
654396 25253 WEGIS, JONATHAN Feb 9, 2017 $360.00
654397 21212 WHITE CAP CONSTRUCTION SUPPLY Feb 9, 2017 $664.58
654398 16906 WILLIAMS, JOHN G Feb 9, 2017 $135.00
654399 28629 WOODRUFF SPRADLIN & SMART Feb 9, 2017 $7,654.10
654400 22612 YOON, PAUL Feb 9, 2017 $90.00
654401 537 AT&T Feb 9, 2017 $374.44
654402 6129 AT&T Feb 9, 2017 $2,873.37
654405 78 ADVANCED DISTRIBUTION CO Feb 9, 2017 $13,989.37
654406 12516 AIMS Feb 9, 2017 $32,472.41
654407 12516 AIMS Feb 9, 2017 $40.50
654409 290 AMERICAN PUBLIC WORKS ASSN Feb 9, 2017 $3,040.00
654410 10199 BAKERSFIELD CITY EMPLOYEE Feb 9, 2017 $2,499.00
654413 21172 BLACKHOLE TECHNOLOGIES INC Feb 9, 2017 $6,769.76
654420 1696 CALIFORNIA WATER SERVICE Feb 9, 2017 $41,780.85
654421 11937 CITY OF BAKERSFIELD Feb 9, 2017 $9,399.00
654422 22670 CROSSTOWN ELECTRICAL & DATA Feb 9, 2017 $287,267.23
654423 22670 CROSSTOWN ELECTRICAL & DATA Feb 9, 2017 $34,974.58
654424 2714 EAST NILES COMMUNITY SERVICES Feb 9, 2017 $106.76
654426 7509 GAS COMPANY Feb 9, 2017 $2,553.80
654428 3358 GILLIAM & SONS INC Feb 9, 2017 $90,244.20
654429 28263 GREEN GRASS LAWN CARE Feb 9, 2017 $1,430.00

S:\Accounting\KAROL\Admin - Council\2017\COUNCIL-ADMIN\
2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 5
FROM 2/03/2017 to 2/23/2017
Check Vendor
Number Number Vendor Name Check Date Check Amount
654430 14540 HOOSE NEWS SERVICE Feb 9, 2017 $83.85
654431 17402 I M S A CERTIFICATION Feb 9, 2017 $1,060.00
654432 23777 NATIONAL FISH & WILDLIFE FOUNDATION Feb 9, 2017 $17,800.00
654433 18230 OILDALE MUTUAL WATER COMPANY Feb 9, 2017 $37.38
654434 6114 PACIFIC GAS & ELECTRIC COMPANY Feb 9, 2017 $582.34
654435 8785 PARRA, ESTHER PETTY CASH Feb 9, 2017 $99.61
654436 27742 PATRICK T PAW & CAROLINE M WONG Feb 9, 2017 $496.31
654437 28567 PRESORT CENTER OF FRESNO LLC Feb 9, 2017 $12,000.00
654438 29188 RANDY,DUSTIN&RONY-NICHOLE QUINTANA Feb 9, 2017 $2,215.00
654439 29188 RANDY,DUSTIN&RONY-NICHOLE QUINTANA Feb 9, 2017 $9,174.32
654440 7096 SJVAPCD Feb 9, 2017 $384.00
654441 7103 SJVAPCD Feb 9, 2017 $74.90
654442 7637 SWRCB - STORM WATER SECTION Feb 9, 2017 $220.00
654443 7637 SWRCB - STORM WATER SECTION Feb 9, 2017 $575.00
654444 29061 VAN FOSSEN, TIFFANY Feb 9, 2017 $339.99
654445 8611 VAUGHN WATER CO., INC. Feb 9, 2017 $41.97
654446 20601 VERIZON WIRELESS Feb 9, 2017 $18,557.26
654449 14647 WAXIE SANITARY SUPPLY INC Feb 9, 2017 $7,394.74
654450 10047 ADVANCE PEGBOARD PRINTING Feb 10, 2017 $60.57
654451 10047 B & F HOBBY Feb 10, 2017 $270.41
654452 29192 CHRISO'S TREE TRIMMING Feb 10, 2017 $6,802.50
654453 10047 COROTTO COMPANY INC Feb 10, 2017 $161.02
654454 10047 FORE J DEV LLC Feb 10, 2017 $118.00
654455 3403 GOLDEN STATE PETERBILT Feb 10, 2017 $861.09
654456 3452 GRAYBAR ELECTRIC COMPANY Feb 10, 2017 $242.92
654457 10037 GREATER BAKERSFIELD LEGAL ASSISTANC Feb 10, 2017 $235.00
654458 24139 GUTIERREZ TIRE & WHEEL INC Feb 10, 2017 $2,210.00
654459 10047 HALLIBURTON ES #15290 Feb 10, 2017 $556.94
654460 3660 HARBOR FREIGHT TOOLS Feb 10, 2017 $288.68
654461 25660 HORIZON WATER & ENVIRONMENT LLC Feb 10, 2017 $7,434.19
654462 4288 KAMAN INDUSTRIAL TECHNOLOGIES INC Feb 10, 2017 $63.68
654463 4435 KERN COUNTY CLERKS Feb 10, 2017 $150.00
654464 4581 KERN ELECTRIC DISTRIBUTORS Feb 10, 2017 $1,893.34
654465 7492 KERN MACHINERY INC Feb 10, 2017 $225.65
654466 4680 KERN RIVER POWER EQUIPMENT INC Feb 10, 2017 $401.18
654467 4740 KERN TURF SUPPLY Feb 10, 2017 $7,170.38
654468 4861 KISCO SALES INC Feb 10, 2017 $41.31
654469 10047 KNIGHT, JOHN L Feb 10, 2017 $46.77
654470 22602 MCCORMICK BARSTOW LLP Feb 10, 2017 $104.04
654471 7064 MERCHANTS PRINTING & ENVELOPE Feb 10, 2017 $474.14
654472 5547 MINUTEMAN PRESS Feb 10, 2017 $220.73
654473 10047 MISH FUNERAL HOME-SOUTHWEST Feb 10, 2017 $201.54
654474 5688 MOTION INDUSTRIES INC Feb 10, 2017 $867.41
654475 5687 MOTOR CITY SALES & SERVICE Feb 10, 2017 $424.15
654476 24279 O'REILLY AUTO PARTS Feb 10, 2017 $224.11
654477 10047 PORTER, FRED OR SAUNDRA Feb 10, 2017 $117.28
654478 70070 RALPH B WEGIS LAW OFFICES Feb 10, 2017 $224.47
654479 10047 REPLAY LOUNGE/QUALITY INN Feb 10, 2017 $349.16
654480 10047 RESIDENCE INN/MARRIOTT Feb 10, 2017 $363.41
654481 70321 RICH ENVIRONMENTAL SERVICE STATION Feb 10, 2017 $729.00
654482 10037 ROBERT MCCORMACK Feb 10, 2017 $302.00
654483 10047 ROBERTS AND JAMES CPA Feb 10, 2017 $14.51

S:\Accounting\KAROL\Admin - Council\2017\COUNCIL-ADMIN\
2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 6
FROM 2/03/2017 to 2/23/2017
Check Vendor
Number Number Vendor Name Check Date Check Amount
654484 10047 SHADOW RIDGE LTD Feb 10, 2017 $2,202.01
654485 10047 SINGH-AULAKH, RUPINDERJIT Feb 10, 2017 $200.00
654486 10047 SUN TRAIL INC Feb 10, 2017 $58.61
654487 26944 SWANSON O'DELL Feb 10, 2017 $315.08
654488 29088 TODD GROUNDWATER Feb 10, 2017 $754.30
654489 10047 WOO, GEORGE Feb 10, 2017 $63.04
654490 10037 YUHL CARR LLP Feb 10, 2017 $95.36
654491 10047 DEACON CORPORATION Feb 10, 2017 $2,507.10
654493 3427 GRAINGER INC, W W Feb 10, 2017 $3,017.76
654496 7933 HOME DEPOT Feb 10, 2017 $2,301.67
654497 24241 HUB INTERNATIONAL Feb 10, 2017 $148.68
654498 10047 ICE BUILDERS-WALMART #3139 Feb 10, 2017 $5,823.79
654499 4550 KCSOS Feb 10, 2017 $1,438,577.33
654500 10047 LASALDE, ROCHELLE Feb 10, 2017 $209.09
654503 15624 LOWE'S HOME IMPROVEMENT Feb 10, 2017 $4,217.74
654509 6114 PACIFIC GAS & ELECTRIC COMPANY Feb 10, 2017 $259,317.50
654510 10047 WAVECO INC Feb 10, 2017 $251.24
654511 10204 ASSOCIATION BKFD POLICE OFFICER FCU Feb 10, 2017 $14,673.30
654512 10211 BAKERSFIELD FIREMEN Feb 10, 2017 $9,092.74
654513 10200 BAKERSFIELD FIREMEN RELIEF ASS Feb 10, 2017 $8,556.52
654514 10203 BAKERSFIELD POLICE BENEFIT Feb 10, 2017 $24,665.15
654515 10205 MUTUAL BENEFIT ASSOCIATION Feb 10, 2017 $1,732.21
654516 26810 RELIASTAR LIFE INSURANCE CO Feb 10, 2017 $859.83
654517 22324 SEIU LOCAL 521 Feb 10, 2017 $20,466.20
654518 534 AT&T Feb 16, 2017 $75.00
654519 27712 A-1 PRECISION BUILDERS Feb 16, 2017 $760.00
654520 18643 ABSHIRE, CHRISTINA Feb 16, 2017 $135.00
654521 25208 ACCESS CONTROLS INC Feb 16, 2017 $662.00
654522 29201 ACCLAIM RESOURCE PARTNERS AS Feb 16, 2017 $2,294.95
654523 15433 ADVANCE MOBILE SECURITY Feb 16, 2017 $85.75
654524 160 ALL THAT LETTERING SIGN COMPNY Feb 16, 2017 $258.33
654525 20182 ALON ASPHALT BAKERSFIELD INC Feb 16, 2017 $1,798.83
654526 16995 ALPINE TREE & TRACTOR SERVICE Feb 16, 2017 $4,031.00
654527 23588 ALUMINUM CHUCK WAGON Feb 16, 2017 $2,092.24
654528 27366 AMERICAN MESSAGING Feb 16, 2017 $173.04
654529 28789 AMERICAN ROAD MAINTENANCE Feb 16, 2017 $2,965.05
654530 295 AMERICAN SAFETY SERVICES INC Feb 16, 2017 $74.47
654531 340 AMERIGAS Feb 16, 2017 $128.70
654532 17585 AMERINATIONAL COMMUNITY SERV INC Feb 16, 2017 $1,121.27
654533 13049 ARMA COATINGS OF BAKERSFIELD Feb 16, 2017 $2,010.95
654534 523 ATCO INTERNATIONAL Feb 16, 2017 $157.70
654535 536 AVERY ASSOCIATES Feb 16, 2017 $3,150.00
654536 240 B & G MACHINE & WELDING Feb 16, 2017 $754.08
654537 655 B A S E-BAKERSFIELD ATHLETIC SUP EQ Feb 16, 2017 $409.13
654538 675 BAKERSFIELD CALIFORNIAN Feb 16, 2017 $1,029.76
654539 841 BAKERSFIELD RUBBER STAMP CO Feb 16, 2017 $103.82
654540 857 BAKERSFIELD S P C A Feb 16, 2017 $65,390.00
654541 29207 BAMER, ELAINE Feb 16, 2017 $135.00
654542 557 BARC Feb 16, 2017 $118.25
654543 13424 BARNES WELDING SUPPLY Feb 16, 2017 $71.51
654544 945 BARNETT'S TOWING SERVICE INC Feb 16, 2017 $35.00
654545 28231 BIG BRAND TIRE CO Feb 16, 2017 $120.00

S:\Accounting\KAROL\Admin - Council\2017\COUNCIL-ADMIN\
2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 7
FROM 2/03/2017 to 2/23/2017
Check Vendor
Number Number Vendor Name Check Date Check Amount
654546 21172 BLACKHOLE TECHNOLOGIES INC Feb 16, 2017 $4,416.22
654547 28341 BOB'S AUTO GLASS INC Feb 16, 2017 $505.94
654548 1175 BOBS WHOLESALE AUTO GLASS Feb 16, 2017 $175.00
654549 18692 BOUND TREE MEDICAL LLC Feb 16, 2017 $1,463.12
654550 10508 BOYD, DAVID LEE & RUTH BOYD Feb 16, 2017 $918.10
654551 23051 BRENNTAG PACIFIC Feb 16, 2017 $416.28
654552 16565 BTE COMMUNICATIONS Feb 16, 2017 $190.00
654553 10267 BUDGET BOLT INC Feb 16, 2017 $12.09
654554 1359 BUDS BRAKE & WHEEL PARTS Feb 16, 2017 $81.51
654555 23090 BURTONS FIRE INC Feb 16, 2017 $158.11
654556 1477 CAL VALLEY EQUIPMENT INC Feb 16, 2017 $168.79
654557 29208 CEGIELSKI, MEGAN Feb 16, 2017 $135.00
654558 1888 CHAMPION HARDWARE Feb 16, 2017 $345.87
654559 13936 CLIFFORD & BRADFORD INSURANCE INC Feb 16, 2017 $1,000.00
654560 11167 COLES ENVIRONMENTAL Feb 16, 2017 $75.00
654561 12532 COUNTY OF KERN INFORMATION Feb 16, 2017 $12,000.00
654562 27839 CRITTERS WITHOUT LITTERS Feb 16, 2017 $2,600.00
654563 27218 CUMMINS PACIFIC LLC Feb 16, 2017 $3,765.87
654564 18646 DAVENPORT, REX Feb 16, 2017 $250.00
654565 25337 DAVES FLEET MAINT & TOWING INC Feb 16, 2017 $75.00
654566 4140 DAVID JANES COMPANY Feb 16, 2017 $176.84
654567 29209 DAVIS, APRIL Feb 16, 2017 $135.00
654568 2442 DELANEY & AHLF DIESEL SERVICE INC Feb 16, 2017 $4,217.37
654569 29205 DEMBOSKY, RYAN Feb 16, 2017 $360.00
654570 2469 DEPARTMENT OF JUSTICE Feb 16, 2017 $1,940.98
654571 10723 DOUGHERTY, JOSEPH Feb 16, 2017 $450.00
654572 29206 EGANA, GENEVIEVE Feb 16, 2017 $89.12
654573 2752 ELBERT DISTRIBUTING Feb 16, 2017 $66.02
654574 22598 ENGEL & COMPANY Feb 16, 2017 $1,750.00
654575 2811 ENTENMANN ROVIN CO Feb 16, 2017 $130.74
654576 21037 ESGUERRA, FRANCISCO Feb 16, 2017 $135.00
654577 2901 FEDEX Feb 16, 2017 $57.45
654578 28511 FIRST ADVANTAGE BACKGROUND Feb 16, 2017 $66.00
654579 19657 FIRST CHOICE SERVICES INC Feb 16, 2017 $400.74
654580 25339 FLEET SERVICES TOWING INC Feb 16, 2017 $70.00
654581 27788 FLOW N CONTROL INC Feb 16, 2017 $4,609.61
654582 3028 FLOYDS GENERAL STORE Feb 16, 2017 $13.92
654583 21457 FUNCTIONAL ERGONOMICS INC Feb 16, 2017 $900.00
654584 29092 GEI CONSULTANTS INC Feb 16, 2017 $799.34
654585 3358 GILLIAM & SONS INC Feb 16, 2017 $7,280.00
654586 28898 GODINEZ LAW Feb 16, 2017 $1,544.75
654587 28714 GOLDEN STATE GOLF ASSOCIATION Feb 16, 2017 $1,000.00
654588 3403 GOLDEN STATE PETERBILT Feb 16, 2017 $29.00
654589 28262 GONZALES, AMANDA Feb 16, 2017 $135.00
654590 3452 GRAYBAR ELECTRIC COMPANY Feb 16, 2017 $84.15
654591 24247 GREGS PETROLEUM SERVICES INC Feb 16, 2017 $6,509.67
654592 19069 GUEVARA, JUAN Feb 16, 2017 $193.02
654593 24139 GUTIERREZ TIRE & WHEEL INC Feb 16, 2017 $1,509.00
654594 3569 H & S BODY WORKS & TOWING Feb 16, 2017 $105.00
654595 3579 HACH COMPANY Feb 16, 2017 $1,505.48
654596 162 HADDAD DODGE Feb 16, 2017 $245.26
654597 13791 HALE, MICHAEL Feb 16, 2017 $1,200.00

S:\Accounting\KAROL\Admin - Council\2017\COUNCIL-ADMIN\
2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 8
FROM 2/03/2017 to 2/23/2017
Check Vendor
Number Number Vendor Name Check Date Check Amount
654598 3660 HARBOR FREIGHT TOOLS Feb 16, 2017 $229.04
654599 27007 HARRELSON, PATRICK Feb 16, 2017 $282.00
654600 3750 HENRY LEASING & MFG CO Feb 16, 2017 $241.00
654601 23804 HERNANDEZ, MATTHEW Feb 16, 2017 $180.00
654602 7933 HOME DEPOT Feb 16, 2017 $616.67
654603 29170 INDUSTRIAL HEARING & PULMONARY MGMT Feb 16, 2017 $60.00
654604 3969 INSTANT STORAGE Feb 16, 2017 $100.99
654605 20795 IPC USA INC Feb 16, 2017 $20,628.38
654606 18653 JONES, JAMES Feb 16, 2017 $250.00
654607 4243 JORGENSEN & CO Feb 16, 2017 $43.26
654608 4254 JUDICIAL DATA SYSTEMS CORPORAT Feb 16, 2017 $477.36
654609 28989 K & I SERVICES INC Feb 16, 2017 $8,940.00
654610 19554 K & R TOWING Feb 16, 2017 $1,095.00
654611 26914 KAHANIC, NICHOLAS Feb 16, 2017 $370.00
654612 4288 KAMAN INDUSTRIAL TECHNOLOGIES INC Feb 16, 2017 $449.03
654613 4500 KERN COUNTY FIRE DEPARTMENT Feb 16, 2017 $27,445.01
654614 4581 KERN ELECTRIC DISTRIBUTORS Feb 16, 2017 $2,478.24
654615 7492 KERN MACHINERY INC Feb 16, 2017 $190.02
654616 4677 KERN REFUSE DISPOSAL, INC Feb 16, 2017 $1,336,558.23
654617 4680 KERN RIVER POWER EQUIPMENT INC Feb 16, 2017 $244.88
654618 4740 KERN TURF SUPPLY Feb 16, 2017 $52.02
654619 4750 KERN VALLEY SUN Feb 16, 2017 $64.60
654620 4875 KNIGHTS PUMPING & PORTABLE SVC INC Feb 16, 2017 $52.00
654621 70078 KNIGHTS PUMPING & PORTABLE SVC INC Feb 16, 2017 $82.87
654622 14219 L A GRINDING INC Feb 16, 2017 $245.00
654623 12553 LEAGUE OF CALIFORNIA CITIES Feb 16, 2017 $1,331.00
654624 27643 LENCO ARMORED VEHICLES Feb 16, 2017 $68.15
654625 1030 LEXISNEXIS MATTHEW BENDER & CO Feb 16, 2017 $1,312.20
654626 5133 LOOP ELECTRIC INC Feb 16, 2017 $1,200.00
654627 27465 LR APPAREL Feb 16, 2017 $78.56
654628 5328 MCCAIN TRAFFIC SUPPLY Feb 16, 2017 $268.76
654629 28760 MEDIWASTE DISPOSAL LLC Feb 16, 2017 $35.00
654630 7064 MERCHANTS PRINTING & ENVELOPE Feb 16, 2017 $223.08
654631 14119 METRO RECORD STORAGE INC Feb 16, 2017 $182.00
654632 18520 METROPOLITAN RECYCLING LLC Feb 16, 2017 $14,525.23
654633 5486 METTLER TOLEDO LLC Feb 16, 2017 $285.00
654634 19252 MEYER CIVIL ENGINEERING INC Feb 16, 2017 $8,955.00
654635 24077 MICHEL AUTO TECH Feb 16, 2017 $1,584.48
654636 1316 MICHELIN NORTH AMERICA INC Feb 16, 2017 $3,261.50
654637 5547 MINUTEMAN PRESS Feb 16, 2017 $404.17
654638 28473 MOORE, CHRISTOPHER Feb 16, 2017 $1,604.00
654639 28984 MORALES & MORALES GARDENING Feb 16, 2017 $2,700.00
654640 28454 MORMASTRO TRANSPORTAT INC Feb 16, 2017 $1,750.00
654641 5687 MOTOR CITY SALES & SERVICE Feb 16, 2017 $343.92
654642 885 MSC INDUSTRIAL SUPPLY CO INC Feb 16, 2017 $464.40
654643 24309 NAVIGATORS PRINT & DESIGN, INC Feb 16, 2017 $187.69
654644 27466 O'NEAL/AZONIC Feb 16, 2017 $160.13
654645 24279 O'REILLY AUTO PARTS Feb 16, 2017 $289.85
654646 10361 OPEN & SHUT ENTERPRISES Feb 16, 2017 $85.00
654647 6448 P T O SALES CORP / TRUCKPRO LLC Feb 16, 2017 $1,333.48
654648 6122 PACIFIC POWER INC Feb 16, 2017 $49.31
654649 29210 PAGLIA, JEFFREY Feb 16, 2017 $135.00

S:\Accounting\KAROL\Admin - Council\2017\COUNCIL-ADMIN\
2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 9
FROM 2/03/2017 to 2/23/2017
Check Vendor
Number Number Vendor Name Check Date Check Amount
654650 27386 PATRIOT ENVIRONMENTAL SERVICES Feb 16, 2017 $2,143.75
654651 28723 PATTERSON, JAMIE Feb 16, 2017 $95.00
654652 25270 PENINSULA MESSENGER INC Feb 16, 2017 $410.40
654653 29211 PETERSON, DAVID Feb 16, 2017 $135.00
654654 27911 PORTERVILLE FORD Feb 16, 2017 $958.37
654655 28567 PRESORT CENTER OF FRESNO LLC Feb 16, 2017 $377.63
654656 14116 PRIMETIME SIGNS INC Feb 16, 2017 $1,959.19
654657 26310 QUALITY MACHINERY CENTER INC Feb 16, 2017 $12,922.53
654658 29191 RANGE ORDINANCE CLEANUP Feb 16, 2017 $14,472.00
654659 6680 RAY ALLEN MANUFACTURING CO, IN Feb 16, 2017 $453.89
654660 6682 RAYMONDS TROPHY AND AWARDS Feb 16, 2017 $6.00
654661 28480 READY REFRESH Feb 16, 2017 $456.45
654662 19224 REDFLEX INC Feb 16, 2017 $62,373.92
654663 6617 RLH FIRE PROTECTION Feb 16, 2017 $2,248.00
654664 18891 ROARK, MELISSA Feb 16, 2017 $135.00
654665 29099 ROTATIONAL MOLDING INC Feb 16, 2017 $29,988.39
654666 6915 ROUND-UP FEED AND PET SUPPLY Feb 16, 2017 $66.48
654667 28665 ROUTE READY PARTS Feb 16, 2017 $3,357.34
654668 13860 RUETTGERS & SCHULER CIVIL ENG Feb 16, 2017 $1,692.44
654669 27361 SC FUELS Feb 16, 2017 $8,391.51
654670 22839 SECURITY PAVING CO, INC Feb 16, 2017 $2,017,540.22
654671 17273 SEQUOIA SANDWICH COMPANY Feb 16, 2017 $55.60
654672 26203 SIERRA CONST & EXCAVATION INC Feb 16, 2017 $36,070.67
654673 25239 SMITH, TAMIA Feb 16, 2017 $95.00
654674 18507 SNAP-ON INDUSTRIAL Feb 16, 2017 $833.90
654675 23456 SORENSON,VERNON MD INC Feb 16, 2017 $175.00
654676 18357 SOUTHWEST VETERINARY HOSPITAL Feb 16, 2017 $51.00
654677 11907 SPARKLETTS/SIERRA SPRINGS Feb 16, 2017 $574.41
654678 7586 SPECIALTY TRIM & AWNING INC Feb 16, 2017 $482.63
654679 7609 SPRINT Feb 16, 2017 $150.00
654680 28923 STARS AND STRIPS TREE CARE Feb 16, 2017 $1,200.00
654681 7727 SUN BADGE CO Feb 16, 2017 $62.48
654682 26369 T Y LIN INTERNATIONAL INC Feb 16, 2017 $1,691.93
654683 276 TAYLOR EQUIPMENT & REPAIR, INC Feb 16, 2017 $407.89
654684 24444 TEICHERT CONSTRUCTION Feb 16, 2017 $201,071.74
654685 27973 TEMPEST INTERACTIVE MEDIA LLC Feb 16, 2017 $200.00
654686 25338 TEN EIGHT TOW INC Feb 16, 2017 $140.00
654687 7937 THE TRAILER MART Feb 16, 2017 $6,636.74
654688 29212 THOMPSON, BRANDON Feb 16, 2017 $360.00
654689 28742 TIPTON, ANDREW Feb 16, 2017 $135.00
654690 21305 TREK DIGITAL PRODUCTS INC Feb 16, 2017 $18.22
654691 20359 TURF STAR INC Feb 16, 2017 $56,795.27
654692 96 TYACK TIRES INC Feb 16, 2017 $1,313.17
654693 29109 UNIFIED FIELD SERVICES CORPORATION Feb 16, 2017 $36,841.00
654694 26780 UNIVERSAL BACKGROUND SCREENING INC Feb 16, 2017 $69.70
654695 29202 UPS STORE 5039 Feb 16, 2017 $101.57
654696 8391 URNERS APPLIANCE CENTER Feb 16, 2017 $1,023.17
654697 8520 VALLEY POWER SYSTEMS, INC Feb 16, 2017 $125.00
654698 15132 VALLEY PROPANE SERVICE Feb 16, 2017 $57.90
654699 21202 WASTEWATER TECHNOLOGY TRAINERS Feb 16, 2017 $750.00
654700 29213 WATKINS, AARON Feb 16, 2017 $2,647.25
654701 23378 WEST COAST COMMUNITY BUILDERS Feb 16, 2017 $89,527.05

S:\Accounting\KAROL\Admin - Council\2017\COUNCIL-ADMIN\
2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 10
FROM 2/03/2017 to 2/23/2017
Check Vendor
Number Number Vendor Name Check Date Check Amount
654702 26447 WESTCOAST HYDRAULICS Feb 16, 2017 $558.97
654703 21212 WHITE CAP CONSTRUCTION SUPPLY Feb 16, 2017 $49.42
654704 27347 WILLIAMS, RENEE Feb 16, 2017 $108.22
654705 12585 WOOLARD, BOBBY Feb 16, 2017 $205.00
654706 26909 YORK RISK SERVICES GROUP INC Feb 16, 2017 $12,876.31
654707 9234 ZALCO LABORATORIES INC Feb 16, 2017 $195.00
654708 25879 ZOOM IMAGING SOLUTIONS, INC. Feb 16, 2017 $6,667.73
654709 28860 AT&T Feb 16, 2017 $15,127.33
654711 78 ADVANCED DISTRIBUTION CO Feb 16, 2017 $7,707.79
654712 16602 ASCE MEMBERSHIP Feb 16, 2017 $295.00
654717 1696 CALIFORNIA WATER SERVICE Feb 16, 2017 $21,500.38
654718 1941 CHEVRON U S A Feb 16, 2017 $684.80
654719 1944 CHICAGO TITLE COMPANY INC Feb 16, 2017 $60,000.00
654720 11937 CITY OF BAKERSFIELD Feb 16, 2017 $26.88
654721 11937 CITY OF BAKERSFIELD Feb 16, 2017 $2,684.77
654722 2714 EAST NILES COMMUNITY SERVICES Feb 16, 2017 $1,259.70
654723 26312 EPIC AVIATION INC Feb 16, 2017 $104.33
654724 2959 FIRST AMERICAN TITLE COMPANY Feb 16, 2017 $12,265.00
654725 29144 FISHER & TALWAR PLC CLIENT TRUST Feb 16, 2017 $38,725.00
654726 29144 FISHER & TALWAR PLC CLIENT TRUST Feb 16, 2017 $196,722.00
654728 3427 GRAINGER INC, W W Feb 16, 2017 $4,645.95
654729 3450 GRANITE CONSTRUCTION INC Feb 16, 2017 $1,784,234.91
654731 3488 GREENFIELD COUNTY WATER DIST Feb 16, 2017 $528.68
654732 14540 HOOSE NEWS SERVICE Feb 16, 2017 $586.95
654734 15624 LOWE'S HOME IMPROVEMENT Feb 16, 2017 $1,320.23
654736 12627 MARDEROSIAN & COHEN Feb 16, 2017 $2,735.17
654737 6114 PACIFIC GAS & ELECTRIC COMPANY Feb 16, 2017 $50,450.88
654739 6376 PIONEER PAINT Feb 16, 2017 $7,317.04
654740 7096 SJVAPCD Feb 16, 2017 $1,460.00
654741 11709 STATE OF CALIFORNIA Feb 16, 2017 $115.00
654742 8611 VAUGHN WATER CO., INC. Feb 16, 2017 $4,208.83
654743 20601 VERIZON WIRELESS Feb 16, 2017 $2,415.52
654744 30002 MEDICAL EYE SERVICE COMPANY Feb 16, 2017 $5,126.55
654745 26810 RELIASTAR LIFE INSURANCE CO Feb 16, 2017 $3,616.58
654746 30027 U S BANK - PARS #6746022400 Feb 16, 2017 $2,191.62
654747 30020 UNUM Feb 16, 2017 $5,217.54
654748 10037 AIR CONTROL SERVICES Feb 17, 2017 $77.00
654749 70060 ALPINE CHRISTMAS TREES Feb 17, 2017 $500.00
654750 10037 BAKERSFIELD HOMELESS SHELTER Feb 17, 2017 $200.00
654751 70249 BAKERSFIELD PLUMBING CO INC Feb 17, 2017 $400.00
654752 10037 BRENDI WATSON Feb 17, 2017 $10.00
654753 10037 CAROL KEMNITZ Feb 17, 2017 $5.00
654754 10037 CASEWORX INC Feb 17, 2017 $300.00
654755 10037 CHERI GARRETT Feb 17, 2017 $25.00
654756 10037 CHERI GARRETT Feb 17, 2017 $5.00
654757 10037 CHRIST FIRST MINISTRIES Feb 17, 2017 $200.00
654758 10037 COBY VANCE Feb 17, 2017 $200.00
654759 10037 COSTCO WHOLESALE #643 Feb 17, 2017 $200.00
654760 10037 CYNTHIA KENDRICK Feb 17, 2017 $200.00
654761 10037 DEBI PROCELL Feb 17, 2017 $5.00
654762 10037 DELEON HOUSE CLEANING Feb 17, 2017 $9.00
654763 10047 FELIX, ENRIQUE Feb 17, 2017 $96.25

S:\Accounting\KAROL\Admin - Council\2017\COUNCIL-ADMIN\
2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 11
FROM 2/03/2017 to 2/23/2017
Check Vendor
Number Number Vendor Name Check Date Check Amount
654764 10037 FLOOD BAKERSFIELD MINISTRIES Feb 17, 2017 $200.00
654765 10047 GO FOR IT EVENTS Feb 17, 2017 $166.16
654766 70135 GO FOR IT EVENTS Feb 17, 2017 $500.00
654767 70313 GODINEZ LAW TRUST ACCOUNT Feb 17, 2017 $1,816.00
654768 18859 HAYSLETT, BRENT Feb 17, 2017 $20.00
654769 16862 HEALTHCOMP INC Feb 17, 2017 $166.32
654770 10037 HEAVENLY PINES CHRISTMAS TREES Feb 17, 2017 $400.00
654771 10037 HOFFMAN HOSPICE Feb 17, 2017 $300.00
654772 10047 JOHN'S BURGERS Feb 17, 2017 $517.17
654773 10037 KAREN WEIL Feb 17, 2017 $200.00
654774 15335 KERN COUNTY COUNSEL Feb 17, 2017 $324.90
654775 70323 MARRIOTT BUSINESS SERVICES Feb 17, 2017 $10,000.00
654776 10037 MARY PINALES Feb 17, 2017 $200.00
654777 27493 MENJIVAR, SERGIO Feb 17, 2017 $3,880.00
654778 5765 MURPHY, DENNIS Feb 17, 2017 $250.00
654779 27624 PALMER, CATHERINE Feb 17, 2017 $87.00
654780 10037 PAUL & JULIANN ANCHORDOQUY Feb 17, 2017 $200.00
654781 10037 RACHELLE HILL Feb 17, 2017 $150.00
654782 20713 RANDY'S TOWING Feb 17, 2017 $70.00
654783 10037 RAYMOND SANDERS Feb 17, 2017 $328.00
654784 10037 REYNALDO C PULIDO Feb 17, 2017 $240.46
654785 10037 RIDGEVIEW HIGH SCHOOL MUSIC BOOSTER Feb 17, 2017 $200.00
654786 10037 RODRIGUEZ & ASSOCIATES Feb 17, 2017 $261.23
654787 29099 ROTATIONAL MOLDING INC Feb 17, 2017 $30,178.85
654788 13860 RUETTGERS & SCHULER CIVIL ENG Feb 17, 2017 $1,000.34
654789 27361 SC FUELS Feb 17, 2017 $18,315.16
654790 10047 SHARP FAMILY TRUST Feb 17, 2017 $49.38
654791 11566 SOIL CONTROL LAB INC Feb 17, 2017 $968.00
654792 25338 TEN EIGHT TOW INC Feb 17, 2017 $70.00
654793 21369 TRANS-WEST SECURITY INC Feb 17, 2017 $368.97
654794 22879 TREFZ, CRAIG Feb 17, 2017 $65.00
654795 245 TURK'S KERN COPY INC Feb 17, 2017 $633.25
654796 96 TYACK TIRES INC Feb 17, 2017 $731.05
654797 25905 VAUGHAN, RYAN Feb 17, 2017 $65.00
654798 10037 VINCENT PICCOLO Feb 17, 2017 $5.00
654799 461 CITY OF ARVIN POLICE DEPT Feb 17, 2017 $17,715.00
654800 10341 CITY OF MCFARLAND Feb 17, 2017 $53,330.00
654801 21237 CITY OF RIDGECREST Feb 17, 2017 $53,330.00
654802 7319 CITY OF SHAFTER POLICE DEPT Feb 17, 2017 $17,715.00
654803 27001 CITY OF TAFT POLICE DEPT Feb 17, 2017 $26,660.00
654804 1984 CITY OF TEHACHAPI - POLICE DEPT Feb 17, 2017 $26,660.00
654805 2468 DEPARTMENT OF JUSTICE Feb 17, 2017 $906.00
654806 70322 ESTATES AT RIO BRAVO LP Feb 17, 2017 $63,400.00
654807 4429 KERN COUNTY AUDITOR CONTROLLER Feb 17, 2017 $1,346.00
654808 10196 KERN COUNTY D A'S OFFICE Feb 17, 2017 $1,750.00
654809 10196 KERN COUNTY D A'S OFFICE Feb 17, 2017 $2,789.00
654810 4540 KERN COUNTY SHERIFF Feb 17, 2017 $26,660.00
654811 7638 STATE BOARD OF EQUALIZATION Feb 17, 2017 $2,389.00
654812 19844 VAN WYK, MITCH Feb 17, 2017 $6,466.00
654813 28 A C ELECTRIC COMPANY Feb 23, 2017 $145.00
654814 28831 ADVANCED INDUSTRIAL SERVICES Feb 23, 2017 $541.44
654815 17100 AEROS ENVIRONMENTAL INC Feb 23, 2017 $435.00

S:\Accounting\KAROL\Admin - Council\2017\COUNCIL-ADMIN\
2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 12
FROM 2/03/2017 to 2/23/2017
Check Vendor
Number Number Vendor Name Check Date Check Amount
654816 19496 ALL PRO CLEANING SERVICE Feb 23, 2017 $600.00
654817 160 ALL THAT LETTERING SIGN COMPNY Feb 23, 2017 $455.00
654818 25406 ALMAZAN, FIERARDO Feb 23, 2017 $1,828.13
654819 987 AMERICAN FABRICATION Feb 23, 2017 $129.00
654820 347 AMREP INC Feb 23, 2017 $180.44
654821 18201 ANIMAL EMERGENCY & URGENT CARE INC Feb 23, 2017 $376.79
654822 13049 ARMA COATINGS OF BAKERSFIELD Feb 23, 2017 $402.19
654823 520 AUTO TINT WEST INC Feb 23, 2017 $271.31
654824 675 BAKERSFIELD CALIFORNIAN Feb 23, 2017 $359.82
654825 10320 BAKERSFIELD HOMELESS CENTER Feb 23, 2017 $31,641.23
654826 841 BAKERSFIELD RUBBER STAMP CO Feb 23, 2017 $21.40
654827 857 BAKERSFIELD S P C A Feb 23, 2017 $862.02
654828 875 BAKERSFIELD TRUCK CENTER Feb 23, 2017 $119.94
654829 11248 BANKS PEST CONTROL Feb 23, 2017 $220.00
654830 557 BARC Feb 23, 2017 $96.25
654831 13424 BARNES WELDING SUPPLY Feb 23, 2017 $1,556.71
654832 945 BARNETT'S TOWING SERVICE INC Feb 23, 2017 $35.00
654833 28231 BIG BRAND TIRE CO Feb 23, 2017 $120.00
654834 21172 BLACKHOLE TECHNOLOGIES INC Feb 23, 2017 $6,505.93
654835 28341 BOB'S AUTO GLASS INC Feb 23, 2017 $674.29
654836 29219 BODY OF CHRIST Feb 23, 2017 $9,550.00
654837 22817 BORN AGAIN BODYWORKS Feb 23, 2017 $4,146.01
654838 1249 BRANDCO Feb 23, 2017 $1,143.29
654839 10267 BUDGET BOLT INC Feb 23, 2017 $595.42
654840 23736 CALIFORNIA EMINENT DOMAIN LAW GROUP Feb 23, 2017 $14,154.40
654841 28603 CALIFORNIA FUELS & LUBRICANTS Feb 23, 2017 $16,385.25
654842 1888 CHAMPION HARDWARE Feb 23, 2017 $19.31
654843 29017 CLEAN WRIGHT SERVICE Feb 23, 2017 $298.00
654844 11167 COLES ENVIRONMENTAL Feb 23, 2017 $350.63
654845 17466 COMPUTER CONFIGURATION SERVICE Feb 23, 2017 $29,945.09
654846 2253 CULLIGAN WATER CONDITIONING Feb 23, 2017 $55.20
654847 27218 CUMMINS PACIFIC LLC Feb 23, 2017 $512.31
654848 25337 DAVES FLEET MAINT & TOWING INC Feb 23, 2017 $75.00
654849 26895 DE LAGE LANDEN INC Feb 23, 2017 $594.32
654850 2442 DELANEY & AHLF DIESEL SERVICE INC Feb 23, 2017 $96.09
654851 2469 DEPARTMENT OF JUSTICE Feb 23, 2017 $441.00
654852 24854 DEWEY PEST CONTROL INC Feb 23, 2017 $696.00
654853 25742 DISCOUNT RADIATOR CENTER Feb 23, 2017 $173.75
654854 2577 DOKKEN ENGINEERING Feb 23, 2017 $7,591.48
654855 2627 DOWNTOWN BUSINESS ASSOCIATION Feb 23, 2017 $65.00
654856 20586 DYSON, DIANA L Feb 23, 2017 $142.80
654857 2772 E M THARP, INC Feb 23, 2017 $156.65
654858 2811 ENTENMANN ROVIN CO Feb 23, 2017 $267.21
654859 2901 FEDEX Feb 23, 2017 $24.62
654860 2925 FIDLER, DENNIS Feb 23, 2017 $42.50
654861 19657 FIRST CHOICE SERVICES INC Feb 23, 2017 $309.14
654862 25339 FLEET SERVICES TOWING INC Feb 23, 2017 $105.00
654863 16455 FLORES, JAIME Feb 23, 2017 $55.00
654864 3028 FLOYDS GENERAL STORE Feb 23, 2017 $149.68
654865 22966 FORENSIC NURSE SPECIALISTS INC Feb 23, 2017 $5,000.00
654866 19591 FORK LIFT SPECIALTIES INC Feb 23, 2017 $233.68
654867 29220 GARCIA JR., JAVIER Feb 23, 2017 $599.00

S:\Accounting\KAROL\Admin - Council\2017\COUNCIL-ADMIN\
2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 13
FROM 2/03/2017 to 2/23/2017
Check Vendor
Number Number Vendor Name Check Date Check Amount
654868 26295 GARCIA, RAYMOND JR Feb 23, 2017 $51.68
654869 27868 GERRY, CHRISTOPHER Feb 23, 2017 $55.55
654870 3403 GOLDEN STATE PETERBILT Feb 23, 2017 $590.94
654871 3427 GRAINGER INC, W W Feb 23, 2017 $1,973.84
654872 3450 GRANITE CONSTRUCTION INC Feb 23, 2017 $166,945.31
654873 24139 GUTIERREZ TIRE & WHEEL INC Feb 23, 2017 $527.63
654874 3569 H & S BODY WORKS & TOWING Feb 23, 2017 $400.00
654875 3571 H & S HOSE & SUPPLY INC Feb 23, 2017 $96.70
654876 17670 HAMMONS, KENNETH Feb 23, 2017 $182.31
654877 3660 HARBOR FREIGHT TOOLS Feb 23, 2017 $84.65
654879 410 IBM CORP Feb 23, 2017 $8,577.00
654880 24232 ICE HOUSE FRAMING & GALLERY Feb 23, 2017 $710.10
654881 29170 INDUSTRIAL HEARING & PULMONARY MGMT Feb 23, 2017 $15.00
654882 28166 INFRASTRUCTURE ENGINEERING CORP Feb 23, 2017 $5,980.00
654883 3969 INSTANT STORAGE Feb 23, 2017 $100.99
654884 14936 INTERNATIONAL CODE COUNCIL Feb 23, 2017 $54.82
654885 20795 IPC USA INC Feb 23, 2017 $43,491.29
654886 19283 JAM SERVICES INC Feb 23, 2017 $5,308.88
654887 4243 JORGENSEN & CO Feb 23, 2017 $85.04
654888 28989 K & I SERVICES INC Feb 23, 2017 $2,235.00
654889 19554 K & R TOWING Feb 23, 2017 $105.00
654890 4288 KAMAN INDUSTRIAL TECHNOLOGIES INC Feb 23, 2017 $499.94
654891 4528 KERN COUNTY PUBLIC HEALTH SERV Feb 23, 2017 $55.00
654892 4529 KERN COUNTY PUBLIC WORKS Feb 23, 2017 $163,148.62
654893 4439 KERN COUNTY WASTE MANAGEMENT Feb 23, 2017 $130,946.24
654894 4577 KERN DELTA WATER DIST Feb 23, 2017 $1,586.97
654895 4581 KERN ELECTRIC DISTRIBUTORS Feb 23, 2017 $54.11
654896 7492 KERN MACHINERY INC Feb 23, 2017 $432.64
654897 4680 KERN RIVER POWER EQUIPMENT INC Feb 23, 2017 $1,155.63
654898 4861 KISCO SALES INC Feb 23, 2017 $385.18
654899 4277 KME FIRE APPARATUS Feb 23, 2017 $50.19
654900 1423 KUTAK ROCK LLP Feb 23, 2017 $32,287.69
654901 23743 LANDSCAPE DEVELOPMENT INC Feb 23, 2017 $400.00
654902 28956 LD MAINTENANCE & CONSTRUCTION Feb 23, 2017 $50.00
654903 12177 LIFESIGNS INC Feb 23, 2017 $640.00
654904 15150 LOPEZ, RAUL Feb 23, 2017 $10.71
654905 22497 M & J HANDIMAN HENRY Feb 23, 2017 $250.00
654906 16016 MCINTOSH & ASSOCIATES Feb 23, 2017 $4,632.00
654907 5359 MCKENNEYS AIR CONDITIONING INC Feb 23, 2017 $917.95
654908 5370 MCLELLAN INDUSTRIES INC Feb 23, 2017 $15,312.53
654909 7064 MERCHANTS PRINTING & ENVELOPE Feb 23, 2017 $1,968.20
654910 19252 MEYER CIVIL ENGINEERING INC Feb 23, 2017 $3,172.50
654911 1316 MICHELIN NORTH AMERICA INC Feb 23, 2017 $14,812.14
654912 28768 MKN & ASSOCIATES INC Feb 23, 2017 $12,797.89
654913 5687 MOTOR CITY SALES & SERVICE Feb 23, 2017 $489.73
654914 25752 NISHIKAWA PROPERTY MAINTENANCE INC Feb 23, 2017 $9,309.00
654915 24167 NOLTE ASSOCIATES INC Feb 23, 2017 $318,980.55
654916 5923 NORTH KERN WATER STORAGE DIST Feb 23, 2017 $10,178.20
654917 28687 NV5 INC Feb 23, 2017 $7,907.99
654918 3910 O'CONNOR PEST CONTROL Feb 23, 2017 $295.00
654919 24279 O'REILLY AUTO PARTS Feb 23, 2017 $595.30
654920 25933 ORIGINAL WATERMEN INC Feb 23, 2017 $3,257.78

S:\Accounting\KAROL\Admin - Council\2017\COUNCIL-ADMIN\
2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 14
FROM 2/03/2017 to 2/23/2017
Check Vendor
Number Number Vendor Name Check Date Check Amount
654921 6448 P T O SALES CORP / TRUCKPRO LLC Feb 23, 2017 $820.19
654922 14088 PACIFIC GAS & ELECTRIC Feb 23, 2017 $67.21
654923 20828 PARSONS TRANSPORTATION GROUP INC Feb 23, 2017 $6,908.33
654924 6076 PB LOADER MANUFACTURING CO Feb 23, 2017 $158.04
654925 21570 PENNEY LAWN SERVICE INC Feb 23, 2017 $650.00
654926 6263 PENSINGER TRAILER RENTALS Feb 23, 2017 $890.52
654927 28869 PERRY, BRETT Feb 23, 2017 $810.00
654928 25424 PET WASTE ELIMINATOR INC Feb 23, 2017 $70.00
654929 6353 PIK WEST INSURANCE Feb 23, 2017 $1,346.00
654930 6376 PIONEER PAINT Feb 23, 2017 $2,370.81
654931 24435 PROVANTAGE CORP Feb 23, 2017 $345.56
654932 26530 R BRUCE WALKER ED D INC Feb 23, 2017 $500.00
654933 20713 RANDY'S TOWING Feb 23, 2017 $415.00
654934 3249 RAY GASKIN SERVICE INC Feb 23, 2017 $1,576.74
654935 6682 RAYMONDS TROPHY AND AWARDS Feb 23, 2017 $209.08
654936 28480 READY REFRESH Feb 23, 2017 $136.47
654937 26863 RIOS, RICHARD Feb 23, 2017 $425.00
654938 6915 ROUND-UP FEED AND PET SUPPLY Feb 23, 2017 $461.09
654939 28665 ROUTE READY PARTS Feb 23, 2017 $4,934.86
654940 11090 SHERWIN WILLIAMS COMPANY Feb 23, 2017 $216.67
654941 21703 SLAGLE'S MATTRESS FACTORY INC Feb 23, 2017 $1,399.34
654942 23456 SORENSON,VERNON MD INC Feb 23, 2017 $60.00
654943 11907 SPARKLETTS/SIERRA SPRINGS Feb 23, 2017 $571.67
654944 17986 SPRINT/NEXTEL COMMUNICATIONS Feb 23, 2017 $3,512.74
654945 28136 SRL SOUTHWEST TOUR SERIES LLC Feb 23, 2017 $7,500.00
654946 16685 STIERN VETERINARY HOSPITAL Feb 23, 2017 $327.64
654947 26369 T Y LIN INTERNATIONAL INC Feb 23, 2017 $63,058.58
654948 28733 TELELANGUAGE INC Feb 23, 2017 $2,274.03
654949 27343 THE MISSION AT KERN COUNTY Feb 23, 2017 $15,677.85
654950 12235 TOO FAT SANDWICHES Feb 23, 2017 $56.00
654951 29026 TRAMMELL, SARA Feb 23, 2017 $104.88
654952 245 TURK'S KERN COPY INC Feb 23, 2017 $180.18
654953 96 TYACK TIRES INC Feb 23, 2017 $3,593.59
654954 8316 UNITED LABORATORIES Feb 23, 2017 $807.92
654955 8319 UNITED PARCEL SERVICE Feb 23, 2017 $34.61
654956 20476 US COMPOSTING COUNCIL Feb 23, 2017 $295.00
654957 8520 VALLEY POWER SYSTEMS, INC Feb 23, 2017 $197.60
654958 20601 VERIZON WIRELESS Feb 23, 2017 $25.02
654959 20601 VERIZON WIRELESS Feb 23, 2017 $25.02
654960 20601 VERIZON WIRELESS Feb 23, 2017 $689.46
654961 20601 VERIZON WIRELESS Feb 23, 2017 $1,600.02
654962 20601 VERIZON WIRELESS Feb 23, 2017 $249.43
654963 20601 VERIZON WIRELESS Feb 23, 2017 $18,670.51
654964 27364 VOHNE LICHE KENNELS INC Feb 23, 2017 $8,640.00
654965 14647 WAXIE SANITARY SUPPLY INC Feb 23, 2017 $2,737.90
654966 26512 WEI KOO Feb 23, 2017 $93,574.09
654967 29153 WENDALE DAVIS FOUNDATION Feb 23, 2017 $1,034.00
654968 21212 WHITE CAP CONSTRUCTION SUPPLY Feb 23, 2017 $203.33
654969 8995 WHOLESALE FUELS Feb 23, 2017 $1,612.46
654970 20165 WILLDAN ENGINEERING Feb 23, 2017 $560.00
654971 9244 ZEP MANUFACTURING COMPANY Feb 23, 2017 $493.40
654972 25879 ZOOM IMAGING SOLUTIONS, INC. Feb 23, 2017 $728.84

S:\Accounting\KAROL\Admin - Council\2017\COUNCIL-ADMIN\
2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 15
FROM 2/03/2017 to 2/23/2017
Check Vendor
Number Number Vendor Name Check Date Check Amount
654973 28854 3C PAYMENT (USA) CORP Feb 23, 2017 $100.00
654974 6129 AT&T Feb 23, 2017 $209.43
654975 28860 AT&T Feb 23, 2017 $2,327.24
654976 537 AT&T Feb 23, 2017 $781.24
654977 28860 AT&T Feb 23, 2017 $1,046.50
654979 78 ADVANCED DISTRIBUTION CO Feb 23, 2017 $3,639.35
654980 12516 AIMS Feb 23, 2017 $8,593.03
654981 29218 ANNABE WYNETTA TAYLOR & ATTORNEY OF Feb 23, 2017 $100,000.00
654982 10199 BAKERSFIELD CITY EMPLOYEE Feb 23, 2017 $2,459.50
654984 10320 BAKERSFIELD HOMELESS CENTER Feb 23, 2017 $48,778.65
654985 18159 CWEA Feb 23, 2017 $260.00
654988 1696 CALIFORNIA WATER SERVICE Feb 23, 2017 $25,998.26
654989 11937 CITY OF BAKERSFIELD Feb 23, 2017 $4,733.00
654990 11937 CITY OF BAKERSFIELD Feb 23, 2017 $376.26
654991 2050 CLIFFORD & BROWN Feb 23, 2017 $16,000.00
654992 12004 EMPLOYMENT DEVELOPMENT DEPARTMENT Feb 23, 2017 $45,175.00
654993 3488 GREENFIELD COUNTY WATER DIST Feb 23, 2017 $23.29
654996 7933 HOME DEPOT Feb 23, 2017 $2,598.11
654998 4740 KERN TURF SUPPLY Feb 23, 2017 $1,445.19
655000 15624 LOWE'S HOME IMPROVEMENT Feb 23, 2017 $1,092.14
655001 12627 MARDEROSIAN & COHEN Feb 23, 2017 $76,000.00
655002 28991 NISH-KO INC Feb 23, 2017 $50,823.78
655003 6114 PACIFIC GAS & ELECTRIC COMPANY Feb 23, 2017 $1,749.89
655005 27911 PORTERVILLE FORD Feb 23, 2017 $2,126.77
655006 29217 RAMONA DEAN COX & ATTORNEYS OF Feb 23, 2017 $600,000.00
655007 7508 SOUTHERN CALIFORNIA EDISON CO. Feb 23, 2017 $312.57
655014 10428 UNITED REFRIGERATION INC Feb 23, 2017 $4,041.77
655018 20601 VERIZON WIRELESS Feb 23, 2017 $9,274.30
655022 20601 VERIZON WIRELESS Feb 23, 2017 $11,412.78
9993655 30028 BLUE SHIELD OF CALIFORNIA Feb 3, 2017 $514,982.63
9993656 30021 KAISER PERMANENTE Feb 3, 2017 $194,549.98
9993657 30025 STATE DISBURSEMENT UNIT Feb 9, 2017 $17,774.88
9993658 11811 WELLS FARGO BANK Feb 9, 2017 $69,155.85
9993659 10199 BAKERSFIELD CITY EMPLOYEE Feb 10, 2017 $183,058.00
9993660 24821 DEPARTMENT OF THE TREASURY Feb 10, 2017 $1,544.32
9993661 30014 EMPLOYMENT DEVELOPMENT DEPT Feb 10, 2017 $170,997.92
9993662 10217 I C M A RETIREMENT TRUST-303749 Feb 10, 2017 $53,439.68
9993663 30010 IRS Feb 10, 2017 $559,120.15
9993664 16863 NATIONWIDE RETIREMENT SOLUTIONS Feb 10, 2017 $96,849.25
9993665 20699 VANTAGEPOINT TRANSFER AGENTS C/O Feb 10, 2017 $29,027.73
9993666 27888 CALIFORNIA BANK & TRUST Feb 16, 2017 $347,820.31
9993667 10206 STATE OF CALIF - PERS Feb 16, 2017 $1,560,172.02
9993668 11811 WELLS FARGO BANK Feb 16, 2017 $126,477.25
9993669 30028 BLUE SHIELD OF CALIFORNIA Feb 17, 2017 $515,698.10
9993670 30021 KAISER PERMANENTE Feb 17, 2017 $194,515.04
9993671 30025 STATE DISBURSEMENT UNIT Feb 23, 2017 $18,166.46
9993672 11811 WELLS FARGO BANK Feb 23, 2017 $95,253.98

$18,554,757.68

S:\Accounting\KAROL\Admin - Council\2017\COUNCIL-ADMIN\
2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1
FROM 2/03/2017 to 2/23/2017
E-Payable Vendor E-Payable
Number Number Vendor Name Date E-Payable Amount
12702 57 ABATE A WEED Feb 2, 2017 $1,601.32
12703 63 ACE HYDRAULIC SALES & SERVICE Feb 2, 2017 $1,701.41
12704 24819 AD WEAR & SPECIALTY OF TX Feb 2, 2017 $1,257.02
12705 152 ALL AUTOMATIC TRANSMISSION SER Feb 2, 2017 $4,323.96
12706 8530 AMERIPRIDE UNIFORM SERVICES Feb 2, 2017 $3,050.65
12707 576 B & B SURPLUS Feb 2, 2017 $647.77
12708 575 B C LABORATORIES Feb 2, 2017 $516.00
12709 611 B S & E COMPANY INC Feb 2, 2017 $392.40
12710 1037 BERCHTOLD EQUIPMENT CO Feb 2, 2017 $3,824.88
12711 1163 BLUEPRINT SERVICE CO Feb 2, 2017 $164.09
12712 20747 CENTRAL SANITARY SUPPLY INC Feb 2, 2017 $1,614.16
12713 29 CENTRAL VALLEY TRUCK CENTER Feb 2, 2017 $3,673.12
12714 5147 COASTLINE EQUIPMENT Feb 2, 2017 $3,510.72
12715 2162 CONSOLIDATED ELECTRICAL DIST INC Feb 2, 2017 $382.84
12716 14582 DAVE BANG ASSOCIATES INC Feb 2, 2017 $1,893.26
12717 13912 DIRECT SAFETY SOLUTIONS INC Feb 2, 2017 $862.98
12718 2581 DOOLEY ENTERPRISES INC Feb 2, 2017 $4,703.13
12719 13088 E J WARD INCORPORATED Feb 2, 2017 $377.41
12720 14055 FAST UNDERCAR LLC Feb 2, 2017 $3,788.18
12721 2874 FERGUSON ENTERPRISES INC Feb 2, 2017 $583.89
12722 16838 GIBBS INTERNATIONAL TRUCK CTR. INC Feb 2, 2017 $361.72
12723 21739 GOLDEN EMPIRE TOWING INC Feb 2, 2017 $1,489.00
12724 4171 JERRY & KEITHS INC Feb 2, 2017 $1,782.56
12725 1390 JIM BURKE FORD Feb 2, 2017 $1,634.47
12726 4178 JIM BURKE LINCOLN MERCURY Feb 2, 2017 $3,181.46
12727 15694 JIMS TOWING INC Feb 2, 2017 $1,170.00
12729 453 MUNICIPAL MAINTENANCE EQUIP INC Feb 2, 2017 $1,605.13
12730 6550 QUAD KNOPF INC Feb 2, 2017 $7,081.20
12731 1279 QUALITY HEAVY DUTY DIESEL ELEC Feb 2, 2017 $773.42
12732 6555 QUINN COMPANY INC Feb 2, 2017 $5,233.19
12733 12665 SAN JOAQUIN FENCE & SUPPLY Feb 2, 2017 $6,828.95
12734 698 SAN JOAQUIN INTERIORS Feb 2, 2017 $6,773.00
12735 7231 SEAL & PACKING SUPPLY CO Feb 2, 2017 $1,416.69
12736 28661 SERVEXO PROTECTIVE SERVICES Feb 2, 2017 $5,003.04
12737 19584 SMITH & SON TIRE INC Feb 2, 2017 $5,902.17
12738 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Feb 2, 2017 $3,098.39
12739 7670 STEWART ELECTRIC SUPPLY Feb 2, 2017 $178.38
12740 7685 STINSON STATIONERS Feb 2, 2017 $7,776.22
12741 7728 SULLY & SON HYDRAULICS INC Feb 2, 2017 $820.23
12742 15868 TEL TEC SECURITY SYSTEM INC Feb 2, 2017 $146.00
12743 18288 VSS EMULTECH INC Feb 2, 2017 $13,008.80
12745 63 ACE HYDRAULIC SALES & SERVICE Feb 9, 2017 $473.55
12746 24819 AD WEAR & SPECIALTY OF TX Feb 9, 2017 $4,636.74
12747 64 ADAMSON POLICE SUPPLY Feb 9, 2017 $320.69
12748 152 ALL AUTOMATIC TRANSMISSION SER Feb 9, 2017 $148.57
12749 8530 AMERIPRIDE UNIFORM SERVICES Feb 9, 2017 $6,211.22
12750 576 B & B SURPLUS Feb 9, 2017 $146.93
12751 611 B S & E COMPANY INC Feb 9, 2017 $2,841.65
12752 1163 BLUEPRINT SERVICE CO Feb 9, 2017 $361.38
12753 29 CENTRAL VALLEY TRUCK CENTER Feb 9, 2017 $4,346.93
12754 21220 CLEAN ENERGY INC Feb 9, 2017 $24,311.88
12755 5147 COASTLINE EQUIPMENT Feb 9, 2017 $276.49

S:\Accounting\KAROL\Admin - Council\2017\COUNCIL-ADMIN\
2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2
FROM 2/03/2017 to 2/23/2017
E-Payable Vendor E-Payable
Number Number Vendor Name Date E-Payable Amount
12756 2162 CONSOLIDATED ELECTRICAL DIST INC Feb 9, 2017 $2,243.31
12757 14582 DAVE BANG ASSOCIATES INC Feb 9, 2017 $1,893.26
12758 13912 DIRECT SAFETY SOLUTIONS INC Feb 9, 2017 $1,796.94
12759 27459 EVOQUA WATER TECHNOLOGIES Feb 9, 2017 $138,567.20
12760 14055 FAST UNDERCAR LLC Feb 9, 2017 $3,615.75
12761 2874 FERGUSON ENTERPRISES INC Feb 9, 2017 $4,974.83
12762 21739 GOLDEN EMPIRE TOWING INC Feb 9, 2017 $890.00
12763 15694 JIMS TOWING INC Feb 9, 2017 $875.00
12764 599 MCCLURE EQUIPMENT INC Feb 9, 2017 $166.28
12765 453 MUNICIPAL MAINTENANCE EQUIP INC Feb 9, 2017 $4,509.21
12766 6555 QUINN COMPANY INC Feb 9, 2017 $2,311.38
12767 12665 SAN JOAQUIN FENCE & SUPPLY Feb 9, 2017 $4,153.75
12768 28661 SERVEXO PROTECTIVE SERVICES Feb 9, 2017 $5,151.89
12769 19584 SMITH & SON TIRE INC Feb 9, 2017 $4,178.19
12770 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Feb 9, 2017 $2,278.58
12771 25504 STATEWIDE TRAFFIC SAFETY & SIGNS Feb 9, 2017 $2,474.40
12772 7685 STINSON STATIONERS Feb 9, 2017 $7,150.22
12773 7728 SULLY & SON HYDRAULICS INC Feb 9, 2017 $1,244.90
12774 15868 TEL TEC SECURITY SYSTEM INC Feb 9, 2017 $125.00
12775 16838 GIBBS INTERNATIONAL TRUCK CTR. INC Feb 10, 2017 $517.17
12776 18263 HUB CONSTRUCTION SPECIALTIES INC Feb 10, 2017 $1,347.54
12777 4171 JERRY & KEITHS INC Feb 10, 2017 $3,248.48
12778 1390 JIM BURKE FORD Feb 10, 2017 $1,610.99
12779 4178 JIM BURKE LINCOLN MERCURY Feb 10, 2017 $989.37
12780 23984 MECHANICAL DRIVES & BELTING INC Feb 10, 2017 $773.91
12781 63 ACE HYDRAULIC SALES & SERVICE Feb 16, 2017 $40.01
12782 152 ALL AUTOMATIC TRANSMISSION SER Feb 16, 2017 $10,716.35
12783 8530 AMERIPRIDE UNIFORM SERVICES Feb 16, 2017 $1,182.64
12784 576 B & B SURPLUS Feb 16, 2017 $486.17
12785 575 B C LABORATORIES Feb 16, 2017 $729.00
12786 1037 BERCHTOLD EQUIPMENT CO Feb 16, 2017 $148.09
12787 1163 BLUEPRINT SERVICE CO Feb 16, 2017 $1,055.58
12788 1765 CARNEYS BUSINESS TECHNOLOGY CTR INC Feb 16, 2017 $754.12
12789 20747 CENTRAL SANITARY SUPPLY INC Feb 16, 2017 $349.18
12790 17239 CENTRAL VALLEY OCCUPATIONAL INC Feb 16, 2017 $425.00
12791 29 CENTRAL VALLEY TRUCK CENTER Feb 16, 2017 $10,636.23
12792 21220 CLEAN ENERGY INC Feb 16, 2017 $12,383.22
12793 5147 COASTLINE EQUIPMENT Feb 16, 2017 $2,451.55
12794 2162 CONSOLIDATED ELECTRICAL DIST INC Feb 16, 2017 $2,729.96
12795 13912 DIRECT SAFETY SOLUTIONS INC Feb 16, 2017 $167.85
12796 2757 ELECTRIC MOTOR WORKS INC Feb 16, 2017 $2,989.59
12797 14055 FAST UNDERCAR LLC Feb 16, 2017 $4,268.06
12798 2874 FERGUSON ENTERPRISES INC Feb 16, 2017 $328.28
12799 16838 GIBBS INTERNATIONAL TRUCK CTR. INC Feb 16, 2017 $168.90
12800 21739 GOLDEN EMPIRE TOWING INC Feb 16, 2017 $195.00
12801 3458 GREAT PACIFIC EQUIPMENT INC Feb 16, 2017 $111.46
12802 3570 HAAKER EQUIPMENT COMPANY Feb 16, 2017 $976.51
12803 18263 HUB CONSTRUCTION SPECIALTIES INC Feb 16, 2017 $109.33
12804 4171 JERRY & KEITHS INC Feb 16, 2017 $1,817.67
12805 1390 JIM BURKE FORD Feb 16, 2017 $4,723.74
12806 4178 JIM BURKE LINCOLN MERCURY Feb 16, 2017 $658.84
12807 15694 JIMS TOWING INC Feb 16, 2017 $1,332.50

S:\Accounting\KAROL\Admin - Council\2017\COUNCIL-ADMIN\
2/24/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 3
FROM 2/03/2017 to 2/23/2017
E-Payable Vendor E-Payable
Number Number Vendor Name Date E-Payable Amount
12808 2267 L N CURTIS & SONS Feb 16, 2017 $2,370.60
12809 453 MUNICIPAL MAINTENANCE EQUIP INC Feb 16, 2017 $8,815.09
12810 6555 QUINN COMPANY INC Feb 16, 2017 $3,279.80
12811 21873 RM INDUSTRIES INC Feb 16, 2017 $2,721.13
12812 19584 SMITH & SON TIRE INC Feb 16, 2017 $1,394.90
12813 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Feb 16, 2017 $913.66
12814 7670 STEWART ELECTRIC SUPPLY Feb 16, 2017 $637.86
12815 7685 STINSON STATIONERS Feb 16, 2017 $5,691.84
12816 15868 TEL TEC SECURITY SYSTEM INC Feb 16, 2017 $685.17
12817 13646 UNITED ROTARY BRUSH CORP Feb 16, 2017 $382.07
12851 57 ABATE A WEED Feb 23, 2017 $275.93
12852 63 ACE HYDRAULIC SALES & SERVICE Feb 23, 2017 $529.40
12853 24819 AD WEAR & SPECIALTY OF TX Feb 23, 2017 $28.21
12854 8530 AMERIPRIDE UNIFORM SERVICES Feb 23, 2017 $1,936.49
12855 611 B S & E COMPANY INC Feb 23, 2017 $3,237.64
12856 1037 BERCHTOLD EQUIPMENT CO Feb 23, 2017 $549.46
12857 1163 BLUEPRINT SERVICE CO Feb 23, 2017 $1,838.05
12858 20747 CENTRAL SANITARY SUPPLY INC Feb 23, 2017 $165.34
12859 17239 CENTRAL VALLEY OCCUPATIONAL INC Feb 23, 2017 $75.00
12860 29 CENTRAL VALLEY TRUCK CENTER Feb 23, 2017 $4,005.13
12861 5147 COASTLINE EQUIPMENT Feb 23, 2017 $2,658.69
12862 2162 CONSOLIDATED ELECTRICAL DIST INC Feb 23, 2017 $3,926.24
12863 13912 DIRECT SAFETY SOLUTIONS INC Feb 23, 2017 $891.65
12864 14055 FAST UNDERCAR LLC Feb 23, 2017 $2,275.81
12865 2874 FERGUSON ENTERPRISES INC Feb 23, 2017 $1,286.56
12866 16838 GIBBS INTERNATIONAL TRUCK CTR. INC Feb 23, 2017 $807.58
12867 21739 GOLDEN EMPIRE TOWING INC Feb 23, 2017 $955.00
12868 3570 HAAKER EQUIPMENT COMPANY Feb 23, 2017 $355.74
12869 4171 JERRY & KEITHS INC Feb 23, 2017 $628.27
12870 1390 JIM BURKE FORD Feb 23, 2017 $2,522.82
12871 4178 JIM BURKE LINCOLN MERCURY Feb 23, 2017 $1,341.41
12872 15694 JIMS TOWING INC Feb 23, 2017 $700.00
12873 453 MUNICIPAL MAINTENANCE EQUIP INC Feb 23, 2017 $5,264.77
12874 1279 QUALITY HEAVY DUTY DIESEL ELEC Feb 23, 2017 $602.20
12875 6555 QUINN COMPANY INC Feb 23, 2017 $4,025.98
12876 12665 SAN JOAQUIN FENCE & SUPPLY Feb 23, 2017 $467.00
12877 19584 SMITH & SON TIRE INC Feb 23, 2017 $4,560.27
12878 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Feb 23, 2017 $3,081.09
12879 7670 STEWART ELECTRIC SUPPLY Feb 23, 2017 $118.46
12880 7685 STINSON STATIONERS Feb 23, 2017 $4,834.48
12881 7728 SULLY & SON HYDRAULICS INC Feb 23, 2017 $367.06
12882 13646 UNITED ROTARY BRUSH CORP Feb 23, 2017 $5,729.63
12883 9010 WILLIAMS CLEANING SYSTEMS INC Feb 23, 2017 $552.53

$504,717.63

$19,059,475.31

S:\Accounting\KAROL\Admin - Council\2017\COUNCIL-ADMIN\
ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Consent - Ordinances c.

TO: Honorable Mayor and City Council


FROM: Virginia Gennaro, City Attorney
DATE: 2/24/2017
WARD:
SUBJECT: First reading of Ordinance amending Chapter 1.40 of the Bakersfield
Municipal Code relating to Penalties.

STAFF RECOMMENDATION:

Staff recommends first reading of the ordinance.


BACKGROUND:

Generally, every section in the Bakersfield Municipal Code (BMC) is subject to an infraction or
misdemeanor criminal citation and/or civil enforcement. A few years ago, in an effort to provide
more enforcement options, Staff was directed to create an administrative process for certain
violations.

Administrative Penalties
On October 14, 2015, the City adopted administrative penalties for water wasters. Likewise, on
March 2, 2016, the City adopted administrative penalties for fireworks violations. The adoption
of administrative penalties for fireworks violations was such a success that the City began
looking at expanding the use of the administrative process to other sections of the BMC.
On January 23, 2017, in response to a referral by Council Member Parlier, the Legislation and
Litigation Committee considered and approved adding the administrative remedy to BMC
Section 1.40.010 so that the City can apply it to all violations of the BMC. It was understood
however, that expansion will occur incrementally beginning with violations of the Parks, Code
Enforcement and Massage Ordinances. Unless otherwise provided, the administrative penalty
carries a maximum $1000 fine per violation.
Civil Penalties
In addition to the administrative process, City Council instructed the City Attorneys Office to add
civil penalties as a possibility to violations of the BMC where a civil remedy is allowed. This
scenario would occur when the City files a civil lawsuit for violations of the BMC (typically zoning
violations). If this ordinance is adopted, the City can ask the Court to assess a maximum civil
penalty of $1000 per violation for each day during which a violation exists as part of a civil action.
The attached ordinance adds both the administrative process and civil penalty. If the proposed
ordinance is adopted, the administrative process will take several months to implement since it
will be narrowly tailored for specific municipal code sections.
The Planning Director has determined that the proposed civil and administrative fine penalties
are exempt from the provisions of the California Environmental Quality Act (CEQA). Under the
general rule of CEQA in accordance with section 15061 (b)(3), the adoption of the proposed
ordinance will not have a significant effect on the environment.

ATTACHMENTS:
Description Type
1.40 Administrative Process Ordinance
ORDINANCE NO. ______________

AN ORDINANCE OF THE CITY OF BAKERSFIELD


AMENDING SECTION 1.40.010 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO VIOLATION-PENALTY.

BE IT ORDAINED by the Council of the City of Bakersfield as follows:

SECTION 1.

Section 1.40.010 of the Bakersfield Municipal Code is hereby amended to


read as follows:

1.40.010 ViolationPenalty.

A. Unless otherwise expressly provided in this code, a violation of any


provision of this code, or a failure to comply with any of the mandatory
requirements of this code, or counseling, aiding or abetting a violation or failure
to comply shall be punishable as an infraction or misdemeanor. or an
administrative citation pursuant to Bakersfield Municipal Code Section 1.40.020.

Any person or entity convicted of an infraction under this code where


punishment is not otherwise provided in this code, shall be punished by a fine
not exceeding fifty dollars for a first violation, one hundred dollars for a second
violation within one year, and two hundred fifty dollars for each additional
violation within one year.

Any person or entity convicted of a misdemeanor under this code where


punishment is not otherwise provided in this code, shall be punished by a fine of
not more than one thousand dollars or as specified by state law, or by
imprisonment in the County Jail for a period not to exceed six months, or by
both such fine and imprisonment.

Each such person or entity shall be guilty of a separate offense for each
and every day during any portion of which any violation of any provision of this
code is committed, continued, or permitted by any such person or entity and
shall be punished accordingly.

B. In addition to the penalties provided in this section, any condition


caused or permitted to exist in violation of any of the provisions of this code shall
be deemed a public nuisance and may be, by the city, summarily abated as
such, and each day such condition continues shall be deemed a new and
separate offense. This code may also be enforced by injunction issued out of

-- Page 1 of 5 Pages --
the superior court upon the suit of the city or the owner or occupant of any real
property affected by such violation or prospective violation. This method of
enforcement shall be cumulative and in no way affect the penal provisions
hereof. As part of a civil action filed under this section, a court may assess a
maximum civil penalty of one thousand dollars ($1,000) per violation for each
day during which any person commits, continues, allows or maintains said
violation(s).

C. The city of Bakersfield shall be entitled to restitution for all expenses


incurred enforcing the provisions of this code against any person or entity in
violation thereof.

1.40.020 Administrative citation.

A. Whenever an enforcement officer charged with the administrative


enforcement of the Bakersfield Municipal Code determines that a violation of a
provision has occurred, the enforcement officer shall have the authority to issue
an administrative citation to any person responsible for the violation.

B. Each administrative citation shall contain the following information:

1. The date of the violation or, if the date of the violation is


unknown, then the date the violation is identified;
2. The address or a definite description of the location where the
violation occurred;
3. The section(s) of the code violated and a description of the
violation;
4. The amount of the fine and how to pay it;
5. A description of the administrative citation review process;
6. The name and signature of the citing enforcement officer.

C. The fine shall be paid to city within thirty days from the date of the
administrative citation; payment of a fine under this section shall not excuse or
discharge any continuation or repeated occurrence of the code violation that is
the subject of the administrative citation.

D. The city may collect any past due administrative citation fine by use
of all available legal means.

1.40.030 Administrative fines.

A. Each violation of the Bakersfield Municipal Code shall be subject to a


one thousand dollar fine.

-- Page 2 of 5 Pages --
B. Any administrative citation fine, or portion thereof, paid pursuant to
subsection A shall be refunded if it is determined, after a hearing, that the person
charged in the administrative citation was not responsible for the violation or
that there was no violation as charged in the administrative citation.

1.40.040 Administrative citation review process.

Any recipient of an administrative citation may appeal the citation by


completing a request for hearing form and returning it to city within thirty days
from the date of the administrative citation, together with an advance deposit of
the fine.

A. No appeal hearing to contest an administrative citation shall be held


unless the fine has been deposited in advance.

B. An appeal hearing shall be set for a date that is not less than fifteen
days and not more than sixty days from the date that the request for hearing is
filed.

C. The appellant shall be notified of the time and place set for the
hearing at least ten calendar days prior to the date of the hearing.

D. At the hearing, the appellant shall have the opportunity to testify and
to present evidence concerning the administrative citation.

E. The failure of the appellant to appear at the appeal hearing shall


constitute a forfeiture of the fine and a failure to exhaust their administrative
remedies.

F. The administrative citation and any additional report submitted by the


enforcement officer shall constitute prima facie evidence of the respective facts
contained in those documents.

G. The hearing officer may continue the hearing and/or request


additional information from the enforcement officer or the recipient of the
administrative citation prior to issuing a written decision.

H. Any person aggrieved by an administrative decision of a hearing


officer on an administrative citation appeal may obtain review of the
administrative decision by filing a petition for review with the Kern County
Superior Court in accordance with the timelines and provisions set forth in
California Government Code Section 53069.4.

-- Page 3 of 5 Pages --
1.40.050 Administrative hearing officer.

The city manager shall designate the hearing officer for all appeal
hearings.

A. The employment, performance evaluation, compensation and


benefits of the hearing officer shall not be directly or indirectly conditioned upon
the amount of administrative citation fines upheld by the hearing officer.

B. After considering all of the testimony and evidence submitted at the


appeal hearing, the hearing officer shall issue a written decision to uphold or
dismiss the administrative citation and shall list in the decision the reasons for
that decision. The decision of the hearing officer shall be final.

C. If the hearing officer determines that the administrative citation should


be upheld, the hearing officer may decrease the fine amount. The appellant
must pay the city any increased amount within thirty days of receiving the
decision of the hearing officer.

D. If the hearing officer determines that the administrative citation should


be dismissed or the fine reduced, the city shall refund the appropriate amount of
the deposited fine within thirty days.

SECTION 2.

This Ordinance shall be posted in accordance with the provisions of the


Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.

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-- Page 4 of 5 Pages --
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
___________________________ by the following vote:

AYES: COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, TKAC, SULLIVAN, PARLIER


NOES: COUNCILMEMBER: _
ABSTAIN: COUNCILMEMBER: _
ABSENT: COUNCILMEMBER:

______________________________________
PAMELA A. McCARTHY, MMC
INTERIM CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED:

By:____________________________
KAREN GOH, Mayor
City of Bakersfield

APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney

By:____________________________
VIRIDIANA GALLARDO-KING
Associate City Attorney

VGK/vlg
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-- Page 5 of 5 Pages --
ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Consent - Ordinances d.

TO: Honorable Mayor and City Council


FROM: Virginia Gennaro, City Attorney
DATE: 2/17/2017
WARD:
SUBJECT: Adoption of Ordinance amending Chapter 8.16 of the Bakersfield
Municipal Code relating to Ice Cream Vendors. (FR 02/15/17)

STAFF RECOMMENDATION:

Staff recommends adoption of the ordinance.


BACKGROUND:

On September 28, 2016, Council referred the Ice Cream Vendor Ordinance to the Legislative
and Litigation Committee to review for consistency in light of the Food Vending Vehicle
Ordinance being adopted.

On January 23, 2017, the City Attorney presented a PowerPoint to the Legislation and Litigation
Committee regarding the suggested changes. The Committee asked that the ordinance be sent
to Council for first reading.

BMC Chapter 8.16 provides the current regulations on ice cream vendors. This amendment
provides clarity as to the definition of an ice cream truck, provides consistency with other
chapters in the Code and uses language that is easy to understand.

The attached proposed ordinance is responsive to Councils direction. The ordinance had first
reading on February 15, 2017.

ATTACHMENTS:
Description Type
Ordinance amending Chapter 8.16 Ordinance
ORDINANCE NO. __________________

ORDINANCE AMENDING CHAPTER 8.16 OF THE


BAKERSFIELD MUNICIPAL CODE RELATING TO ICE CREAM
TRUCKS.

BE IT ORDAINED by the Council of the City of Bakersfield as follows:

SECTION 1.

Chapter 8.16 of the Bakersfield Municipal Code is hereby amended to


read as follows:

Chapter 8.16 ICE CREAM TRUCKS


8.16.010 Ice cream truck defined.

Ice cream truck includes any vehicle defined in the California Vehicle
Code from which ice cream, ice milk, frozen dairy products, and/or flavored ice
(herein collectively referred as frozen treats) are the only items offered for retail
sales on city streets.

8.16.020 General Requirements.

A person operating an ice cream truck must:

1. Maintain a valid business tax certificate from the City of Bakersfield;


2. Maintain a valid permit from the County of Kern through its Public
Health Services Department;
3. Clean up all trash and litter generated within a minimum fifty-foot
radius of the ice cream truck.

8.16.030 Vehicle condition and maintenance.

Ice cream trucks must meet the vehicle condition and maintenance
guidelines outlined in the California Health and Safety Code.

8.16.040 Frozen treats.

All frozen treats shall comply with the rules, regulations and requirements
of the Kern County Public Health Services Department.

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-- Page 1 of 3 Pages --
8.16.050 SellingDistance from public buildings, parks and playgrounds.

Ice cream trucks must park at least 300 feet from the exterior boundary of
a property used and occupied by any school, public playground or park
maintained and operated by the city, or other public corporation.

8.16.060 SellingAmplified sound requirements.

A. An ice cream truck may only use amplified music or speech


emitted via sound equipment during the following hours:

1. Nine a.m. to five p.m. on Sundays; and

2. Eight a.m. to eight-thirty p.m. from May 1st through September,


Monday through Saturday; and

3. Nine a.m. to five p.m. from October 1st through April on Mondays
through Saturdays.

B. The volume of sound from any vehicle referenced in subsection A of


this section shall be controlled so that it will not be audible for a distance in
excess of one hundred fifty feet from the vehicle upon which such sound
equipment is located, and so that such volume is not unreasonably loud,
raucous, jarring, disturbing or a nuisance.

SECTION 2.

This Ordinance shall be posted in accordance with the provisions of the


Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.

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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
_____________________________ by the following vote:

AYES: COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, TKAC, SULLIVAN, PARLIER


NOES: COUNCILMEMBER: _______________________________________________________________
ABSTAIN: COUNCILMEMBER: _______________________________________________________________
ABSENT: COUNCILMEMBER: _______________________________________________________________ _

______________________________________
PAMELA A. McCARTHY, MMC
INTERIM CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield

APPROVED:

By:______________________________
KAREN GOH
Mayor

APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney

By: ___________________________
VIRIDIANA GALLARDO-KING
Associate City Attorney

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-- Page 3 of 3 Pages --
ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Consent - Ordinances e.

TO: Honorable Mayor and City Council


FROM: Jacquelyn R. Kitchen, Community Development Director
DATE: 2/3/2017
WARD: Ward 7
SUBJECT: Adoption of an ordinance amending Bakersfield Municipal Code Section
1.12.070 by adding Annexation No. 661 consisting of 1.81 acres
located along the north side of Ming Avenue, east and west of Baldwin
Road and Annexation No. 665 consisting of 22.06 acres located along
the south side of Taft Highway, generally east of Compagnoni Street to
Ward 7. (FR 02/15/17)

STAFF RECOMMENDATION:

Staff recommends adoption of the ordinance.


BACKGROUND:

The project is an Ordinance to amend the boundaries of Ward 7 to include the property included
in Annexation No. 661 and No. 665; which were approved by Lafco on December 7, 2016. First
reading of the ordinance was given on February 15, 2017.

Annexation No. 661 (Ming No. 10) consists of four developed properties on 1.81 acres located
along the north side of Ming Avenue, east and west of Baldwin Road. The annexation was
originally initiated by one property owner, Maurice Etchechury, to receive City services and the
remaining three property owners, Felix Banuelos, Gerardo Fuentes and Saba Revocable Living
Trust, chose to join the annexation to facilitate road improvements along the north side of Ming
Avenue. The properties within the annexation are zoned R-1 (One Family Dwelling) and C-2
(Regional Commercial) which is consistent with the existing LR (Low Density Residential) & GC
(General Commercial) land use designation and surrounding area. This area will be included into
Ward 7.

Annexation No. 665 (Compagnoni No. 3) consists of undeveloped land on 22.06 acres located
along the south side of Taft Highway generally east of Compagnoni Street. The property owners,
Kydavan Pasco, Edward Eyraud, Joseph Eyraud, Edith Pasco and Emily Blue, requested to
annex this property for future development purposes and to receive City services. The project
site is zoned M-1(Light Manufacturing) and the existing land use designation is SI (Service
Industrial). This area will be added into Ward 7.
ATTACHMENTS:
Description Type
Ordinance to Adopt Ward boundaires with Exhibits Ordinance
ORDINANCE NO. ____________

AN ORDINANCE AMENDING BAKERSFIELD MUNICIPAL CODE


SECTION 1.12.070 BY ADDING ANNEXATION NO. 661 AND
ANNEXATION NO. 665 TO WARD 7.

WHEREAS, the Local Agency Formation Commission (LAFCo) adopted a


resolution for Annexation Nos. 661 and 665 recently ordering the territory annexed to
the City of Bakersfield; and

WHEREAS, the territory ordered to be annexed to the City of Bakersfield is


required to be within a City Council Ward Boundary; and

WHEREAS, the LAFCo recently completed the annexation for the territory
to the City of Bakersfield, the exterior boundaries of Annexation Nos. 661 and 665 which
are described in the attached Exhibit "A" and shown on the maps in Exhibit B,
attached hereto and incorporated as though fully set forth herein.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield


as follows:

Section 1.

All of the foregoing recitals are hereby found to be true and correct.

Section 2.

Annexation No. 661 shall be included in Ward 7.

Section 3.

Annexation No. 665 shall be included in Ward 7.

Section 4.

Section 1.12.070 of the Bakersfield Municipal Code is hereby amended by


adding thereto the legal descriptions set forth in Exhibit A.

Section 5.

This ordinance shall be posted in accordance with the Bakersfield


Municipal Code and shall become effective upon the annexation of the above-
described territory to the City of Bakersfield, but not less than thirty (30) days from and
after the date of its passage.

---------o0o--------
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
______________________ by the following vote:

AYES: COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, ______ , SULLIVAN, PARLIER


NOES: COUNCILMEMBER: _______________________________________________________________
ABSTAIN: COUNCILMEMBER: _______________________________________________________________
ABSENT: COUNCILMEMBER: _______________________________________________________________ _

PAMELA McCARTHY, MMC


Interim City Clerk

APPROVED

KAREN GOH
Mayor of the City of Bakersfield

APPROVED as to form
VIRGINIA GENNARO
City Attorney

By:

Attachments: EXHIBIT A Legal Description.


EXHIBIT B Map.

2
ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Consent - Resolutions f.

TO: Honorable Mayor and City Council


FROM: Jacquelyn R. Kitchen, Community Development Director
DATE: 2/16/2017
WARD:
SUBJECT: Resolution confirming approval by the City Manager designee of the
Chief Code Enforcement Officers report regarding assessments of
certain properties in the City for which structures have been secured
against entry or for the abatement of certain weeds, debris and waste
matter and authorizing collection of the assessments by the Kern County
Tax Collector.

STAFF RECOMMENDATION:

Staff recommends adoption of resolution.


BACKGROUND:

Assessment hearing was held on February 13, 2017, by the City Manager designee and all
proposed charges were confirmed. The subject properties listed below were in violation of
Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and
abandoned dilapidated structures which constitute public nuisances and prohibits maintaining
hazardous weeds, debris and waste matter and/or were determined to be in violation of Chapter
15.24 of the Bakersfield Municipal Code which prohibits maintaining dangerous buildings. The
property owners were notified and failed to comply with the notices to abate such public
nuisance. After a hearing duly noticed and held before the Building Director, the Director issued
orders requiring the property owner to abate the public nuisance. The subject properties are
listed as follows:

PROPERTY LOCATION APN COST


Ward 1
1. 440 Brundage Lane 010-032-16-00-3 $633.00
2. 721 Brundage Lane 011-050-05-00-0 $333.00
3. 205 E. California Avenue 139-052-02-00-6 $751.00
4. 120 Chester Avenue 010-311-25-00-3 $333.00
5. 415 S. Haley Street 019-072-17-00-1 $666.00
6. 1413 Ivan Avenue 025-122-12-00-5 $1,211.00
7. 100 N Street 010-330-22-00-3 $333.00
8. 219 Northrup Street 018-310-15-00-3 $776.00
9. 4808 Ohman Court 171-280-30-00-6 $333.00
10. 1001 S. Owens Street 018-040-41-00-0 $991.00
11. 1008 Pacheco Road 171-010-05-01-4 $976.00
12. 1500 Pacheco Road #6 171-200-06-00-3 $1,335.00
13. 219 Rodman Street 139-342-05-00-9 $333.00
14. 3615 Shellmacher Avenue 172-132-09-00-3 $739.00
15. 405 V Street 009-480-23-00-0 $1,811.00
16. 703 Wilkins Street 139-432-24-00-0 $715.00
17. 604 S. Williams Street 019-091-02-00-6 $745.00
18. 724 S. Williams Street 019-121-01-00-1 $715.00
19. 210 Wood Street (demolition) 139-322-14-00-9 $5,471.00
20. 1129 8th Street 009-332-07-00-4 $650.00
21. 1210 E. 9th Street 018-072-16-00-1 $715.00
22. 209 E. 10th Street 139-132-03-00-2 $715.00
Ward 2
23. 1227 Chester Avenue 006-532-02-00-6 $741.00
24. 609 Davies Court 331-201-23-00-5 $118.00
25. 1205 Lake Street 015-400-02-00-0 $118.00
26. 2115 Palm Street 008-191-03-00-8 $118.00
27. 3200 Q Street 002-051-04-00-8 $118.00
28. 1518 Robinson Street 127-020-25-00-3 $666.00
29. 2225 San Emidio Street 007-084-03-00-0 $666.00
30. 3883 Union Avenue 120-200-12-00-8 $3,756.00
31. 2317 Verde Street 008-283-04-00-1 $741.00
32. 232 Western Drive 020-091-26-00-6 $816.00
33. 501 18th Street 006-124-01-00-8 $451.00
34. 1927 20th Street 003-361-02-00-9 $333.00
Ward 3
35. 3604 Amherst Street 021-311-08-00-4 $118.00
36. 1805 Duke Drive 021-382-02-00-4 $118.00
37. 2804 Fordham Street 021-082-04-00-3 $650.00
38. 5921 Genoa Drive 332-613-07-00-9 $666.00
39. 2616 Loch Fern Court 433-040-17-00-8 $333.00
40. Paladino Drive 531-012-03-00-7 $1,466.00
41. 3225 St. Marys Street 021-424-07-00-4 $118.00
42. 3030 Wenatchee Avenue 383-220-09-00-3 $650.00
Ward 4
43. 13416 Coco Palm Court 495-460-19-00-8 $118.00
Ward 6
44. 3505 Caldwell Drive 384-072-02-00-0 $118.00
45. 2807 Edmonton Street 441-211-01-00-6 $118.00
46. 3712 Pacino Court 384-180-33-00-8 $333.00
47. 3505 Reeder Avenue 441-022-10-00-4 $333.00
Ward 7
48. 1813 Clark Street 023-114-02-00-3 $333.00
49. 5601 Monitor Street 412-220-23-00-4 $1,145.00
50. 1800 Saint Clair Court 372-182-26-00-5 $333.00

The owners of the above-mentioned properties failed to commence the required work as
ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of
the Bakersfield Municipal Code, the public nuisances listed above were abated under the
direction of the Chief Code Enforcement Officer. The costs incurred by the City can be
assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal
Code. Property owners had been given notice of their right to appear at the hearing on this
matter before the City Manager designee and to object to the correctness of the costs incurred
by the City to remove the public nuisance. The City Manager designee has approved the
assessments associated with the above-mentioned properties.
The Council will need to confirm the approval of the City Manager designee of the costs incurred
by the City for work performed to remove the public nuisance and order that such costs be made
a lien against the property. This will be done by adoption of the attached resolution.

ATTACHMENTS:
Description Type
Resolution Resolution
Declaration Exhibit
Exhibit A Exhibit
Exhibit B Exhibit
RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD


CONFIRMING THE APPROVAL BY THE CITY MANAGER DESIGNEE OF
THE REPORT OF THE CHIEF CODE ENFORCEMENT OFFICER
REGARDING ASSESSMENTS OF CERTAIN PROPERTIES IN THE CITY OF
BAKERSFIELD FOR WHICH STRUCTURES HAVE BEEN SECURED AGAINST
ENTRY OR FOR THE ABATEMENT OF CERTAIN WEEDS, DEBRIS AND
WASTE MATTER AND THE DEMOLISHMENT OF DANGEROUS BUILDINGS
AND AUTHORIZING COLLECTION OF THE ASSESSMENTS BY THE KERN
COUNTY TAX COLLECTOR.

WHEREAS, the properties in the City of Bakersfield described by assessor


parcel number and street address in Exhibit "A" and Exhibit B were determined to be in
violation of the Bakersfield Municipal Code which prohibits maintaining open and
abandoned dilapidated structures which constitute public nuisances and prohibits
maintaining hazardous weeds, debris and waste matter; and

WHEREAS, notices and orders of the City of Bakersfield Building Department,


as provided in Chapter 8.80 of the Bakersfield Municipal Code, were provided to the
record owners of the aforementioned properties; and

WHEREAS, this assessment proceeding was duly noticed and a public hearing
held on February 13, 2017, in City Hall North Conference Room B of the City of Bakersfield
by the City Manager designee; and

WHEREAS, the City Manager designee has reviewed materials concerning the
properties, the abatements and the assessments and has approved the assessments of the
parcels;

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield:

1. That the Chief Code Enforcement Officer caused work to be


performed by contractors for removal of public nuisances and submitted and filed with the
City Clerk a Report and Assessment List which describes the costs incurred by the City to
abate such public nuisances and which is attached hereto as Exhibit "A" and Exhibit B,
and made a part hereof by this reference.

2. The costs incurred and described in the Report and Assessment list,
attached hereto as Exhibit A and Exhibit B are hereby confirmed.

3. The cost of the abatement on the properties as described in Exhibit "A"


and Exhibit B are hereby made a lien and special assessment against said properties and
the Chief Code Enforcement Officer is directed to notify the property owner of and record
the lien created herein as required under Government Code Section 38773.1(b)-(c).

4. The assessments enumerated herein are not subject to Proposition 218.

5. That the City Attorney is hereby authorized to commence any action


necessary for collecting the sum due including foreclosure on the lien established herein as
provided for in Government Code Section 38773.1(c).

6. That the property owners named in said Exhibit "A" and Exhibit B may
pay, or cause to be paid, the charges stated therein at the office of the Treasury
Department, 1715 Chester Avenue, Bakersfield, California, at any time prior to the time the
lien imposed under Government Code Section 38773.1 and Bakersfield Municipal Code
Section 8.80.190 is foreclosed or placed on the property tax rolls for collection as described
in paragraph 7 below.

7. At the discretion of the City Attorney, and in the event such charges
assessed and confirmed against the property as listed in Exhibit "A" and Exhibit B are not
paid in full prior to collection or foreclosure, such special assessment or balance due
remaining thereof, may be entered and extended on the property tax roll, and pursuant to
law, the County tax collector shall include such amounts on the tax bill applicable to the
property for collection therein.

----------o0o----------

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on
_____________________________________, by the following vote:

AYES: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, SULLIVAN, PARLIER


NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER

PAMELA MCCARTHY, MMC


INTERIM CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield

APPROVED

KAREN GOH
MAYOR of the City of Bakersfield

APPROVED as to form:

VIRGINIA GENNARO
City Attorney

BY:
RICHARD IGER
Associate City Attorney

2
EXHIBIT "A"

REPORT AND ASSESSMENT LIST


AND DECLARATION OF
DAVID PAQUETTE IN SUPPORT THEREOF

In the matter of the properties listed in the attached Exhibit A and Exhibit B:

I, David Paquette, declare:

1. I am the duly appointed Code Enforcement Supervisor of the City of Bakersfield,


California. I am making this declaration pursuant to Chapter 8.80 of the Bakersfield Municipal
Code.

2. As provided by Chapter 8.80 of the Bakersfield Municipal Code and pursuant to


an order of the Building Director, the Code Enforcement Division removed the public nuisances
on the properties listed in Exhibit A and Exhibit B which are attached hereto and made a
part hereof by this reference in December 2016 and January 2017. The costs incurred by the
City to remove the public nuisances for each respective property set forth herein are also stated
in the attached Exhibit A and Exhibit B.

3. Records of the Bakersfield Building Department reflect that on


January 20, 2017 a copy of Notice of Filing Report and Assessment List for Abatement of
Condition Constituting Public Nuisance and of Hearing Thereon was mailed to the owners of the
properties and/or posted.

4. The foregoing matters are within my personal knowledge and if called as a


witness herein, I could and would competently testify thereto.

I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.

Executed this 16th day of February 2017, at Bakersfield, California.

David Paquette
Code Enforcement Supervisor
02/13/2017
EXHIBIT A
REPORT AND ASSESSMENT LIST
FOR WHICH DANGEROUS BUILDINGS
HAVE BEEN DEMOLISHED

APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL


DO WORK COST COST
1. 139-322-14-00-9 210 Wood Street Olivia Behill $5,138 $333 $5,471
210 Wood Street
16-7566 Bakersfield, CA 93307
02/13/2017
EXHIBIT B
REPORT AND ASSESSMENT LIST FOR STRUCTURES
THAT HAVE BEEN SECURED AGAINST ENTRY
OR DECLARED SUBSTANDARD OR FOR
ABATEMENT OF CERTAIN WEEDS, DEBRIS AND WASTE MATTER

APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL


DO WORK COST COST
1. 021-311-08-00-4 3604 Amherst Street Anthony Nuno $0 $118 $118
3604 Amherst Street
16-5338 Bakersfield, CA 93305
2. 010-032-16-00-3 440 Brundage Lane Bui Trust $300 $333 $633
2010 Niles Street
16-8151 Bakersfield, CA 93305
3. 011-050-05-00-0 721 Brundage Lane Sia Investments LLC $0 $333 $333
2407 Windermere Street
16-6967 Bakersfield, CA 93311
4. 139-052-02-00-6 205 E California James Ung & $85 $666 $751
Avenue Gwen Mc Williams
207 E California Avenue
16-6829 Bakersfield, CA 93307
5. 384-072-02-00-0 3505 Caldwell Drive Jose Leal & Maria Gorgonio $0 $118 $118
5313 Plainview Drive
16-5880 El Paso, TX 79924
6. 010-311-25-00-3 120 Chester Avenue 1 Red Invs Inc $0 $333 $333
4012 Brae Burn Drive
16-6734 Bakersfield, CA 93306
7. 006-532-02-00-6 1227 Chester Avenue Raymond Karpe $75 $666 $741
8501 Camino Media Ste 400
16-5260 Bakersfield, CA 93311
8. 023-114-02-00-3 1813 Clark Street William Sahota $0 $333 $333
1813 Clark Street
16-5519 Bakersfield, CA 93304
9. 495-460-19-00-8 13416 Coco Palm CB Holding Inc $0 $118 $118
Court 3000 Belle Terrace
16-5965 Bakersfield, CA 93307
10. 331-201-23-00-5 609 Davies Court Denny Ray Moss $0 $118 $118
609 Davies Court
16-5304 Bakersfield, CA 93309
11. 021-382-02-00-4 1805 Duke Drive Joseph Lozano & $0 $118 $118
Jennifer Lozano
1805 Duke Drive
16-6167 Bakersfield, CA 93305
12. 441-211-01-00-6 2807 Edmonton Street Rosa Carrillo $0 $118 $118
2012 Julian Avenue
16-5773 Bakersfield, CA 93304
13. 021-082-04-00-3 2804 Fordham Street Benjamin Carillo Jr $0 $650 $650
1709 St Clair Court
15-8144 Bakersfield, CA 93304
14. 332-613-07-00-9 5921 Genoa Drive Diane Iniego $0 $666 $666
5921 Genoa Drive
16-4210 Bakersfield, CA 93308
15. 019-072-17-00-1 415 S Haley Street Eliseo Jara Jr $0 $666 $666
4201 Oceanwood Street
16-5147 Bakersfield, CA 93309
16. 025-122-12-00-5 1413 Ivan Avenue James N Smith Sr Irrev Tr $545 $666 $1,211
PO Box 6625
16-7012 Bakersfield, CA 93386
Page 2 of 3

APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL


DO WORK COST COST
17. 015-400-02-00-0 1205 Lake Street Maria Alaniz $0 $118 $118
9018 E Wilson Road
16-7739 Bakersfield CA 93307
18. 433-040-17-00-8 2616 Loch Fern Court Marion Coats Family Trust $0 $333 $333
2616 Loch Fern Court
16-5984 Bakersfield, CA 93306
19. 412-220-23-00-4 5601 Monitor Street Bank of America $479 $666 $1,145
1610 E St Andrew Place
16-6654 Santa Ana, CA 92705
20. 010-330-22-00-3 100 N Street Mack Ward $0 $333 $333
11201 Illusion Way
16-4556 Bakersfield, CA 93311
21. 018-310-15-00-3 219 Northrup Street Wilfredo Funes $110 $666 $776
219 Northrup Street
16-6422 Bakersfield, CA 93307
22. 171-280-30-00-6 4808 Ohman Court Clifton Ohman $0 $333 $333
4808 Ohman Court
16-6458 Bakersfield, CA 93307
23. 018-040-41-00-0 1001 S Owens Street Margarita Delgado $325 $666 $991
906 S Baker Street
16-6727 Bakersfield, CA 93307
24. 171-010-05-01-4 1008 Pacheco Road Ramon Hendrix $310 $666 $976
13310 Michaelangelo Drive
16-6755 Bakersfield, CA 93314
25. 171-200-06-00-3 1500 Pacheco Road Mae Reid $669 $666 $1,335
#6 1500 Pacheco Road #6
16-7139 Bakersfield, CA 93307
26. 384-180-33-00-8 3712 Pacino Court Rosa Carrillo $0 $333 $333
2807 Edmonton Street
16-6404 Bakersfield, CA 93309
27. 531-012-03-00-7 Paladino Drive Regent Land Inv LLC $800 $666 $1,466
11990 San Vicente Bl Ste 200
16-6694 Los Angeles, CA 90049
28. 008-191-03-00-8 2115 Palm Street Don Sperry & Theda Sperry $0 $118 $118
835 Noddy Court
16-7211 Arroyo Grande, CA 93420
29. 002-051-04-00-8 3200 Q Street Tony York Rev Trust $0 $118 $118
9250 Reseda Blvd Ste 2B
16-7337 Northridge, CA 91324
30. 441-022-10-00-4 3505 Reeder Avenue Linda Black $0 $333 $333
2440 Encina Street
16-6295 Bakersfield, CA 93301
31. 127-020-25-00-3 1518 Robinson Street Roberto Oxlaj $0 $666 $666
13 Fairview Avenue
16-5407 Vallejo, CA 94590
32. 139-342-05-00-9 219 Rodman Street Julia Avalos $0 $333 $333
219 Rodman Street
16-4751 Bakersfield, CA 93307
33. 372-182-26-00-5 1800 Saint Clair Court Juan Gamez $0 $333 $333
1800 Saint Clair Court
16-5384 Bakersfield, CA 93304
34. 007-084-03-00-0 2225 San Emidio Kate Lee $0 $666 $666
Street 2225 San Emidio Street
16-4870 Bakersfield, CA 93304
Page 3 of 3

APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL


DO WORK COST COST
35. 172-132-09-00-3 3615 Shellmacher Manuel Melendez $73 $666 $739
Avenue 3615 Shellmacher Avenue
16-5955 Bakersfield, CA 93307
36. 021-424-07-00-4 3225 St Marys Street John Garcia $0 $118 $118
3225 St Mary Street
16-6164 Bakersfield, CA 93305
37. 120-200-12-00-8 3883 Union Avenue Epp Family Trust $2,495 $1,261 $3,756
419 Houchin Road
16-5539 Bakersfield, CA 93304
38. 009-480-23-00-0 405 V Street Jacquelyn Francisco $550 $1,261 $1,811
405 V Street
16-4499 Bakersfield, CA 93304
39. 008-283-04-00-1 2317 Verde Street Natalie Hill $75 $666 $741
2317 Verde Street
16-6055 Bakersfield, CA 93304
40. 383-220-09-00-3 3030 Wenatchee Octavio Villegas $0 $650 $650
Avenue 3030 Wenatchee Avenue
15-6528 Bakersfield, CA 93306
41. 020-091-26-00-6 232 Western Drive MKZ LLC $150 $666 $816
8606 Exodus Lane
16-6520 Bakersfield, CA 93312
42. 139-432-24-00-0 703 Wilkins Street William Edmonds $49 $666 $715
703 Wilkins Street
16-7035 Bakersfield, CA 93307
43. 019-091-02-00-6 604 S Williams Street Rigoberto Abrego $79 $666 $745
209 Jessie Avenue
16-7229 Shafter, CA 93263
44. 019-121-01-00-1 724 S Williams Street Graydon Foy LLC $49 $666 $715
2284 6th Avenue
16-7488 San Diego, CA 92101
45. 009-332-07-00-4 1129 8th Street Amin Ashena $0 $650 $650
16838 Magnolia Boulevard
15-6035 Encino, CA 91436
46. 018-072-16-00-1 1210 E 9th Street Frank Armantrout & $49 $666 $715
Lee Quimpo
2002 Monterey Street
16-7207 Bakersfield, CA 93305
47. 139-132-03-00-2 209 E 10th Street Elena Miranda $49 $666 $715
223 Hughes Lane
16-6730 Bakersfield, CA 93304
48. 006-124-01-00-8 501 18th Street Valdez Family Trust $0 $118 $451
4616 Panorama Drive
16-3364 & 16-6562 Bakersfield, CA 93306
49. 003-361-02-00-9 1927 20th Street Christina Galvan $0 $333 $333
PO Box 1886
16-4698 Bakersfield, CA 93303
ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Consent - Resolutions g.

TO: Honorable Mayor and City Council


FROM: Jacquelyn R. Kitchen, Community Development Director
DATE: 12/6/2016
WARD: Ward 1
SUBJECT: Resolution approving Cultural Resource Designation and for placement
on the Bakersfield Register of Historic Places for property known as
New Mt. Zion Baptist Church of Bakersfield/Mt. Zion Missionary Baptist
Church located at 825 California Avenue.

STAFF RECOMMENDATION:

Staff recommends the adoption of the Resolution.


BACKGROUND:

This project is a request by the Historic Preservation Commission to approve the Cultural
Resource Designation of New Mt. Zion Baptist Church of Bakersfield/ Mt. Zion Missionary Baptist
Church to the Bakersfield Register of Historic Places.

ANALYSIS

The City of Bakersfield Municipal Code includes "Historical Preservation" provisions (Chapter 15.72)
that are intended to provide a process for preservation of local Historical resources. The stated
purpose of the chapter is to allow the "identification, protection, enhancement, perpetuation and use
of improvements, buildings, structures, signs, objects, features, sites, places and areas within
Bakersfield that reflect special elements of the citys architectural, artistic, cultural, engineering,
aesthetic, historical, political, social and other heritage." The chapter establishes a Historical
Preservation Commission to consider requests related to to Cultural Resource Designations,
Historical Districts, and areas of Historical Interest.

On December 20, 2016, the Historic Preservation Commission held a public hearing to consider
information regarding an application for a Cultural Resource Designation submitted by New Mt.
Zion Baptist Church of Bakersfield/Mt. Zion Missionary Baptist Church. The church has applied
for a Cultural Resource Designation of the sanctuary/chapel located at 825 California Avenue.

Evidence presented by the applicant demonstrates that New Mt. Zion Baptist Church/Mt. Zion
Missionary Baptist Church has served the community for over 130 years as a cultural, social, and
spiritual hub in the African American community. Members of the church have historically
provided outreach services intended to bring the neighborhood and community together and
those continue today. Mt. Zion with its more than 300 members celebrated their 130th year with
a two-day celebration held on November 19th and 20th.

The church was originally located at California Avenue and M Street; the congregation
subsequently moved to 13th and P Streets, and finally settled at 825 California Avenue in 1929,
the churchs current location. The current sanctuary, for which your council is considering
designation, was built 20 years later in 1949.

CONCLUSION

The Commission unanimously recommended approval of the application for the designation as a
cultural resource for placement on the Bakersfield Register of Historic Places. No persons
testified for or against the application. The Commission found that in accordance with
Bakersfield Municipal Code (BMC), Section 15.72.050 (Cultural resource and historic district
designation Criteria); the proposed cultural resource may be designated as a cultural resource
because it meets the following criteria:

It exemplifies or reflects special elements of the citys or a communitys or neighborhoods


historical, archaeological, cultural, social, economic, political, aesthetic, engineering or
architectural development; and,

It is identified with persons or events significant in local, state or national history; and BMC
Chapter 15.72.120 (Historical Preservation-Council Action) requires that not less than 60-
days after the Commission has made a recommendation regarding an application for
designation, the Council shall approve or disapprove the designation. Staff is
recommending approval.

Therefore, Staff is recommending that your Council adopt the Resolution.

ATTACHMENTS:
Description Type
Resolution Resolution
Photo of Cultural Resource Mt. Zion Backup Material
RESOLUTION

RESOLUTION RECOMMENDING APPROVAL OF A


CULTURAL RESOURCE DESIGNATION AND FOR
PLACEMENT ON THE BAKERSFIELD REGISTER OF
HISTORIC PLACES FOR PROPERTY LOCATED AT 825
CALIFORNIA AVENUE KNOWN AS NEW MT. ZION BAPTIST
CHURCH OF BAKERSFIELD/MT. ZION MISSIONARY BAPTIST
CHURCH.

WHEREAS, the New Mt. Zion Baptist Church of Bakersfield/Mt. Zion Missionary Baptist
Church (OWNER) has applied to the Historic Preservation Commission for designation of
property located at 825 California Avenue, Bakersfield, California, Assessor Parcel Number
009-051-10, as a Cultural Resource pursuant to Bakersfield Municipal Code 15.72.070 and for
placement on the Bakersfield Register of the Historic Places; and

WHEREAS, the Historic Preservation Commission received public testimony regarding


the evidence for or against the proposed designation; and

WHEREAS, the OWNER had submitted an application to the City of Bakersfield to bring
historic recognition to the property, specifically the chapel. New Mt. Zion Baptist Church/Mt.
Zion Missionary Baptist Church has served the community for over 130 years as a cultural,
social, spiritual hub in the African American community. The church has been located at 825
California Avenue since 1929. The current sanctuary was built in 1949; and

WHEREAS, the Historic Preservation Commission, after consideration of the application


pursuant to the Bakersfield Municipal Code 15.72.060 found the property to be qualified for and
worthy of Cultural Resource Designation on December 20, 2016; and

WHEREAS, the property referred to is situated in the City of Bakersfield, County of Kern,
and is described as follows:

Lots Six (6), Seven (7) and Eight (8) in Block Nine (9) of the Lowell Addition, as per map
recorded November 25, 1898 in Book 1 pages 13 and 14 of Maps in the office of the
County Recorder of said County.

WHEREAS, the Historic Preservation Commission recommends the property to be


designated as a Cultural Resource and that it be placed on the Bakersfield Register of the
Historic Places and has made the following findings in support of the decision to recommend
designation of property as a cultural resource:

It exemplifies or reflects special elements of the Citys, a communitys, or neighborhoods


historical, cultural, social, economic, political, aesthetic, engineering, architectural development;

It is identified with persons or events significant in local history;

Its unique location or singular physical characteristic(s) represents an established and


familiar visual feature of a neighborhood, community or the city.
NOW THEREFORE, the Historic Preservation Commission of the City of Bakersfield
does hereby resolve as follows:

1. The above recitals are true and correct and incorporated herein by reference.

2. That the property located at 825 California Avenue, Bakersfield, California known
as New Mt. Zion Baptist Church of Bakersfield/Mt. Zion Missionary Baptist
Church should be designated as a Cultural Resource of the City of Bakersfield by
the City Council; and further,

3. That the same property be placed upon the records of the Bakersfield Register of
Historic Places; and further

4. That the City Clerk will notice such designation be recorded with the County
Recorder within fifteen days after action of the City Council.

---------------oOo--------------

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on
_________________________ by the following vote:

AYES: COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, SULLIVAN, PARLIER


NOES: COUNCILMEMBER: _______________________________________________________________
ABSTAIN: COUNCILMEMBER: _______________________________________________________________
ABSENT: COUNCILMEMBER: _______________________________________________________________ _

______________________________________
PAMELA MCCARTHY, MMC
INTERIM CITY CLERK and Ex Officio Clerk
of the Council of the City of Bakersfield
APPROVED

_________________________________________
KAREN GOH
MAYOR of the City of Bakersfield

APPROVED as to form:
VIRGINIA GENNARO
City Attorney

By: ______________________________________
JOSHUA RUDNICK
Deputy Assistant Attorney II
ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Consent - Resolutions h.

TO: Honorable Mayor and City Council


FROM: Nick Fidler, Public Works Director
DATE: 2/17/2017
WARD: Ward(s) 1, 7
SUBJECT: Resolutions to add the following territories to the Consolidated
Maintenance District and approving, confirming, and adopting the Public
Works Directors Report for each:

1. Area 2-65 (SEC of Ming Avenue & Wible Road) Ward 7


2. Area 4-163 (1319 1st Street) Ward 1

STAFF RECOMMENDATION:

Staff recommends adoption of the Resolutions.


BACKGROUND:

On January 25, 2017 the Council adopted Resolutions of Intention No. 1910 and 1912,
respectively, to add the above territories to the Consolidated Maintenance District as required by
Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will
provide for the maintenance of parks and/or street landscaping. The areas will be under park
and/or streetscape zones of benefit and will be assigned the appropriate tier levels when parks
and/or street landscaping have been installed.

The addition of these territories to the Consolidated Maintenance District is not prohibited by
Proposition 218.

The City of Bakersfield has received a letter from the owner(s) of the properties described
above which waives the public hearing concerning inclusion in the Consolidated Maintenance
District. This allows the City to expedite the maintenance district process to satisfy the
subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating
their consent to the assessments.

In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be recorded for each territory with the Kern
County Assessor-Recorders Office upon approval of these Resolutions.
ATTACHMENTS:
Description Type
Resolution adding Area 2-65 to the Consolidated Resolution
Maintenance District
MD 2-65 Exhibit 1 Exhibit
MD 2-65 Exhibit A Exhibit
MD 2-65 Exhibit B Exhibit
MD 2-65 Exhibit C Exhibit
MD 2-65 Exhibit D Exhibit
MD 2-65 Exhibit E Exhibit
MD 2-65 Exhibit F Exhibit
Resolution adding Area 4-163 to the Consolidated Resolution
Maintenance District
MD 4-163 Exhibit 1 Exhibit
MD 4-163 Exhibit A Exhibit
MD 4-163 Exhibit B Exhibit
MD 4-163 Exhibit C Exhibit
MD 4-163 Exhibit D Exhibit
MD 4-163 Exhibit E Exhibit
MD 4-163 Exhibit F Exhibit
RESOLUTION NO. _____________

A RESOLUTION ADDING TERRITORY, AREA 2-65 (SOUTHEAST


CORNER OF MING AVENUE & WIBLE ROAD) TO THE
CONSOLIDATED MAINTENANCE DISTRICT; ADOPTING,
CONFIRMING AND APPROVING THE PUBLIC WORKS
DIRECTORS REPORT, THE BOUNDARIES OF THE ADDITION,
THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT
OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL.
(WARD 7)

WHEREAS, the Public Works Director has filed with the City Clerk the Public
Works Directors Report, including a budget, assessment formula, improvements to be
maintained by the district, description of property and proposed assessments; and

WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of


Bakersfield provides for a procedure by which the City Council may provide for the
payment of the whole or any part of the costs and expenses of maintaining and
operating any public improvements which are local in nature, from annual benefit
assessments apportioned among the lots or parcels of property within the established
Consolidated Maintenance District (CMD). The assessments to be placed on parcels
within this district area reflect that portion of the cost of maintenance of a public park
and public street landscaping ("special benefit") above and beyond the basic cost of
maintenance of a public park and public street landscaping throughout the City
("general benefit"); and

WHEREAS, as set forth in the attached Public Works Directors Report (Exhibit
1), the property within this new area reflects that portion of the cost of maintenance of
public street landscaping and/or a public park, based on the location of said
improvements in or near said area, above and beyond the general benefit of parcels
within the City that are not part of the CMD. Each parcel within this area will be assessed
its proportionate share of special benefit based on its zoning and size.

WHEREAS, it is the intention of the City Council of the City of Bakersfield to


add Area 2-65, generally described in Exhibit "A" attached hereto, to the CMD, in order
to maintain local improvements including street landscaping and/or a public park; and

WHEREAS, the City Council of the City of Bakersfield, State of California,


heretofore by Resolution of Intention No. 1910 declared its intention to add territory to the
CMD, preliminarily confirmed and approved the Public Works Director's Report, the
boundaries of the proposed additional territory, the fairness of the benefit formula, and
the amount of assessment to be levied against each parcel. Said additional territory shall
be designated Area 2-65, as shown and designated on that certain map entitled Map
and Assessment Diagram for Addition of Territory, Area 2-65 (southeast corner of Ming
Avenue & Wible Road), to the Consolidated Maintenance District, Bakersfield,
S:\PROJECTS\MAINDIST\Formation Documents\Area 2\MD 2-65\Res Estab.docx

Page 1 of 3
California, for this fiscal year on file in the offices of the City Clerk and Public Works
Director, City of Bakersfield; and

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of


Bakersfield, State of California, as follows:

1. The foregoing recitals are true and correct and are incorporated herein.

2. The Council hereby adds territory, Area 2-65 to the CMD and confirms
and adopts the Public Works Directors Report, including the amounts of
assessment for each assessed parcel.

3. Exhibits "A" and "B" describe the additional territory.

4. All parcels within this additional territory shall be assessed an amount not
to exceed the amount established in Resolution No. 019-05 per
equivalent dwelling unit per year. In each subsequent year, annual
assessments may increase by the cost of living reflected in the Los
Angeles-Riverside-Orange County/All Urban Consumers Consumer Price
Index. However, parcels will not be assessed until park and/or street
landscape improvements have been installed. When park and/or street
landscape improvements have been completed, the appropriate park
and street tiers will be assigned, but in no case shall the assessments
exceed the amount established in Resolution No. 019-05 as escalated per
the above described Consumer Price Index. The benefit formula (Exhibit
"C"), budget (Exhibit "D"), assessment roll (Exhibit "E"), and letter from the
property owner(s) requesting inclusion in the CMD (Exhibit F) are
attached hereto.

5. The Kern County Tax Collector is hereby authorized to collect such


assessments.

6. Beginning in the 2016-2017 fiscal year and each fiscal year thereafter, the
Public Works Director is hereby directed to prepare an annual report, as
provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it
with the City Clerk within the time allowed for placement of assessments
on the County tax rolls for the applicable fiscal year. Upon filing of the
annual report, the Clerk shall set a hearing before the City Council and
give Notice of Hearing in the manner prescribed in Chapter 13.04 of said
code.

7. The City Council hereby reserves the right to perform the work of
maintenance and operation of the public improvements by City forces or
by private contractor. Such determination and election is to be made for
each year at the time the budget and assessment is approved for the
year in question.
S:\PROJECTS\MAINDIST\Formation Documents\Area 2\MD 2-65\Res Estab.docx

Page 2 of 3
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on
_________________________________, by the following vote:

AYES: COUCILMEMBER RIVERA , GONZALES, WEIR, SMITH, ------------, SULLIVAN, PARLIER


NOES: COUCILMEMBER
ABSTAIN: COUCILMEMBER
ABSENT: COUCILMEMBER

__________________________________________
PAMELA A. McCARTHY, MMC
INTERIM CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield

APPROVED: ______________________________

___________________________________________
KAREN K. GOH
MAYOR of the City of Bakersfield

APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney

By: _______________________________________
ANDREW HEGLUND
Deputy City Attorney

Attachments:

Exhibit 1 Exhibit D
Exhibit A Exhibit E
Exhibit B Exhibit F
Exhibit C

S:\PROJECTS\MAINDIST\Formation Documents\Area 2\MD 2-65\Res Estab.docx

Page 3 of 3
PUBLIC WORKS DIRECTOR'S REPORT

ADDITION OF TERRITORY, AREA 2-65

Fiscal Year 2016-2017

Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is


generally described as the southeast corner of Ming Avenue and Wible Road and as
specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto
and incorporated herein by reference as though fully set forth, as an area within the City of
Bakersfield.

Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director
makes and files this report and proposed assessment of and upon all parcels of property
within the area for the cost of maintaining a public park and public street medians and other
public street landscaping. The improvements generally include, but are not limited to,
recreation and sports equipment including swings, slides, play structures and storage
buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains
and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical
wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and
sidewalks and walkways now existing or hereafter to be constructed or planted in and for
said area and are of a public nature. The assessment includes the cost of necessary repairs,
replacement, water, electricity, care, supervision and any and all other items necessary for
the proper maintenance and operation thereof, and all additions and improvements
thereto which may hereafter be made.

For many years, public parks, public streets median and other public street landscaping
improvements in the City were maintained through traditional tax revenues. After Proposition
13, in 1978, funds available for maintenance and operation of parks, street median and
other street landscaping improvements were substantially reduced. At present, the City's
budget does not allow for maintenance and operation of park and street landscaping
improvements of the type described above. Thus, without funds for maintenance and
operating costs from a source other than general tax revenues, the City does not permit new
public parks, street median and other street landscaping improvements to be constructed
within the City.

Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance
District for the maintenance of a park and public street median and other street
landscaping. The area will be assigned appropriate park and street tiers in the Consolidated
Maintenance District so that each parcel will be assessed the same amount as other parcels
receiving a similar benefit.

All parcels within this area shall be assessed an amount not to exceed that established in
Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit C) per
parcel. In each subsequent year, annual assessments may increase by the cost of living
S:\PROJECTS\MAINDIST\Formation Documents\Area 2\MD 2-65\PW DIRECTOR'S REPORT.docx EXHIBIT 1
reflected in the Los Angeles-Riverside-Orange County/All Urban Consumers Consumer Price
Index. However, parcels will not be assessed until park and/or street landscaping have been
installed. When park and/or street landscape improvements have been completed, the
appropriate park and street tier levels will be assigned, but in no case shall the assessments
exceed the amount established in Resolution No. 019-05 as escalated per the above
described Consumer Price Index.

All parcels as described in the Benefit Formula on file with the City Clerk within the area will
be affected. Sensory benefits from installing street landscaping are aesthetic enhancement
and open space enjoyment.

A public park will benefit all the residential lots and public median and street landscaping
will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis
throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached
hereto and incorporated in this resolution as though fully set forth herein.

NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield,
by virtue of the power vested in me and the order of the Council of said City, hereby submit
the Fiscal Year 2016-2017 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E,"
respectively, attached hereto and incorporated herein as though fully set forth, upon all
parcels of property within additional territory subject to be assessed to pay the cost of
maintenance and operation in said area.

Dated: _______________

NICK FIDLER
Public Works Director
City of Bakersfield

S:\PROJECTS\MAINDIST\Formation Documents\Area 2\MD 2-65\PW DIRECTOR'S REPORT.docx EXHIBIT 1


LEGAL DESCRIPTION

Area 2-65

An area located in Section 12, Township 30, Range 27 M.D.B. & M., more
particularly described as follows:

SPR 16-283
3001 Ming Avenue Bakersfield California

Containing: 14.67 Acres, more or less.

EXHIBIT A
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA

Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below:

Rate:
Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A
Consolidated Maintenance District Cost per Tier as approved by City Council Resolution 019-15. As per the Resolution, Said amounts
shall be increased annually by the cost of living increase reflected in the Los AngelesRiversideOrange County / All Urban Consumers
Consumer Price Index. Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are
established by the Recreation and Parks Department through separate policy.

Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel.

Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the
Recreation and Parks Department for the entire area of the Consolidated Maintenance District.

County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll.

Total Assessment $= ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee)

Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at
their current rate.

Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot.

On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on the maximum assessment. Any areas formed after
Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms.

A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs:

1. Bakersfield Municipal code 13.04.021:

It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map
Act and that benefit from landscaping in the public right-of-way and/or public parks. Nothing shall preclude the city from
requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general
plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city.

2. Bakersfield Municipal Code 13.04.022 (A):

No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance
district to provide for all future maintenance of any landscaping in the public right-of-way and of any public park required as a
condition of approval of the development project for the area covered by the final map or parcel map waiver.

3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a
Conditional Use Permit.

Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDUs may also be adjusted given special conditions or
agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by
their actual units on their site as per their plans, map, or current use.

Single Family Residential Parcels: 1 EDU per Parcel


Mobile Home Parks: 1 EDU per Space / Lot
Multifamily Residential Parcels: .71 EDU per Unit
(Commercial / Industrial / Mixed Use): 6 EDU per Acre

Undeveloped ground in its natural state will be assigned EDUs based on their zoning at max theoretical density as used by the City of
Bakersfield Planning Dept. Those densities are:

Zone EDUs per gross acre

R-1 4
R-2 17.42 (max.)
R-3 34.85 (max.)
R-4 72.6 (max.)
E 4.36
R-S 1.82
R-S-1A 1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
R-S-2.5A 0.4 Agricultural: 1 EDU per gross acre
R-S-5A 0.2
R-S-10A 0.1

EXHIBIT C
MAINTENANCE DISTRICT AREA 2-65

Said assessment is made in accordance with the benefit formula attached hereto.

2016-2017
BUDGET

Gross Budget Amount Required $0.00


(City Staff Services or Contract, Supplies, Materials and Utilities)

Estimated Beginning Fund Balance(Deficit) ** $0.00

Less: City Contributions $0.00

NET AMOUNT TO BE ASSESSED $0.00

** Previous Years Deficits No Longer Carried Forward.

EXHIBIT D
MAINTENANCE DISTRICT AREA 2-65

ASSESSMENT ROLL

FISCAL YEAR 2016-2017

Assessor's Tax No. Total amount to


be collected for
FY (2016-2017)

023-521-01-008 $0.00

0 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
Total $0.00

Date:

City Clerk and Ex Officio Clerk of the


Council of the City of Bakersfield

EXHIBIT E
RESOLUTION NO. _____________

A RESOLUTION ADDING TERRITORY, AREA 4-163 (1319 1ST


STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT;
ADOPTING, CONFIRMING AND APPROVING THE PUBLIC
WORKS DIRECTORS REPORT, THE BOUNDARIES OF THE
ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND
THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST
EACH PARCEL. (WARD 1)

WHEREAS, the Public Works Director has filed with the City Clerk the Public
Works Directors Report, including a budget, assessment formula, improvements to be
maintained by the district, description of property and proposed assessments; and

WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of


Bakersfield provides for a procedure by which the City Council may provide for the
payment of the whole or any part of the costs and expenses of maintaining and
operating any public improvements which are local in nature, from annual benefit
assessments apportioned among the lots or parcels of property within the established
Consolidated Maintenance District (CMD). The assessments to be placed on parcels
within this district area reflect that portion of the cost of maintenance of a public park
and public street landscaping ("special benefit") above and beyond the basic cost of
maintenance of a public park and public street landscaping throughout the City
("general benefit"); and

WHEREAS, as set forth in the attached Public Works Directors Report (Exhibit
1), the property within this new area reflects that portion of the cost of maintenance of
public street landscaping and/or a public park, based on the location of said
improvements in or near said area, above and beyond the general benefit of parcels
within the City that are not part of the CMD. Each parcel within this area will be assessed
its proportionate share of special benefit based on its zoning and size.

WHEREAS, it is the intention of the City Council of the City of Bakersfield to


add Area 4-163, generally described in Exhibit "A" attached hereto, to the CMD, in order
to maintain local improvements including street landscaping and/or a public park; and

WHEREAS, the City Council of the City of Bakersfield, State of California,


heretofore by Resolution of Intention No. 1912 declared its intention to add territory to the
CMD, preliminarily confirmed and approved the Public Works Director's Report, the
boundaries of the proposed additional territory, the fairness of the benefit formula, and
the amount of assessment to be levied against each parcel. Said additional territory shall
be designated Area 4-163, as shown and designated on that certain map entitled Map
and Assessment Diagram for Addition of Territory, Area 4-163 (1319 1st Street), to the
Consolidated Maintenance District, Bakersfield, California, for this fiscal year on file in
the offices of the City Clerk and Public Works Director, City of Bakersfield; and
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Page 1 of 3
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield, State of California, as follows:

1. The foregoing recitals are true and correct and are incorporated herein.

2. The Council hereby adds territory, Area 4-163 to the CMD and confirms
and adopts the Public Works Directors Report, including the amounts of
assessment for each assessed parcel.

3. Exhibits "A" and "B" describe the additional territory.

4. All parcels within this additional territory shall be assessed an amount not
to exceed the amount established in Resolution No. 019-05 per
equivalent dwelling unit per year. In each subsequent year, annual
assessments may increase by the cost of living reflected in the Los
Angeles-Riverside-Orange County/All Urban Consumers Consumer Price
Index. However, parcels will not be assessed until park and/or street
landscape improvements have been installed. When park and/or street
landscape improvements have been completed, the appropriate park
and street tiers will be assigned, but in no case shall the assessments
exceed the amount established in Resolution No. 019-05 as escalated per
the above described Consumer Price Index. The benefit formula (Exhibit
"C"), budget (Exhibit "D"), assessment roll (Exhibit "E"), and letter from the
property owner(s) requesting inclusion in the CMD (Exhibit F) are
attached hereto.

5. The Kern County Tax Collector is hereby authorized to collect such


assessments.

6. Beginning in the 2016-2017 fiscal year and each fiscal year thereafter, the
Public Works Director is hereby directed to prepare an annual report, as
provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it
with the City Clerk within the time allowed for placement of assessments
on the County tax rolls for the applicable fiscal year. Upon filing of the
annual report, the Clerk shall set a hearing before the City Council and
give Notice of Hearing in the manner prescribed in Chapter 13.04 of said
code.

7. The City Council hereby reserves the right to perform the work of
maintenance and operation of the public improvements by City forces or
by private contractor. Such determination and election is to be made for
each year at the time the budget and assessment is approved for the
year in question.

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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on
_________________________________, by the following vote:

AYES: COUCILMEMBER RIVERA , GONZALES, WEIR, SMITH, ------------, SULLIVAN, PARLIER


NOES: COUCILMEMBER
ABSTAIN: COUCILMEMBER
ABSENT: COUCILMEMBER

__________________________________________
PAMELA A. McCARTHY, MMC
INTERIM CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield

APPROVED: ______________________________

___________________________________________
KAREN K. GOH
MAYOR of the City of Bakersfield

APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney

By: _______________________________________
ANDREW HEGLUND
Deputy City Attorney

Attachments:

Exhibit 1 Exhibit D
Exhibit A Exhibit E
Exhibit B Exhibit F
Exhibit C

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PUBLIC WORKS DIRECTOR'S REPORT

ADDITION OF TERRITORY, AREA 4-163

Fiscal Year 2016-2017

Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is


described as 1319 1st Street and as specifically shown on Map and Assessment Diagram
marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set
forth, as an area within the City of Bakersfield.

Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director
makes and files this report and proposed assessment of and upon all parcels of property
within the area for the cost of maintaining a public park and public street medians and other
public street landscaping. The improvements generally include, but are not limited to,
recreation and sports equipment including swings, slides, play structures and storage
buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains
and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical
wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and
sidewalks and walkways now existing or hereafter to be constructed or planted in and for
said area and are of a public nature. The assessment includes the cost of necessary repairs,
replacement, water, electricity, care, supervision and any and all other items necessary for
the proper maintenance and operation thereof, and all additions and improvements
thereto which may hereafter be made.

For many years, public parks, public streets median and other public street landscaping
improvements in the City were maintained through traditional tax revenues. After Proposition
13, in 1978, funds available for maintenance and operation of parks, street median and
other street landscaping improvements were substantially reduced. At present, the City's
budget does not allow for maintenance and operation of park and street landscaping
improvements of the type described above. Thus, without funds for maintenance and
operating costs from a source other than general tax revenues, the City does not permit new
public parks, street median and other street landscaping improvements to be constructed
within the City.

Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance
District for the maintenance of a park and public street median and other street
landscaping. The area will be assigned appropriate park and street tiers in the Consolidated
Maintenance District so that each parcel will be assessed the same amount as other parcels
receiving a similar benefit.

All parcels within this area shall be assessed an amount not to exceed that established in
Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit C) per
parcel. In each subsequent year, annual assessments may increase by the cost of living
reflected in the Los Angeles-Riverside-Orange County/All Urban Consumers Consumer Price

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EXHIBIT 1
Index. However, parcels will not be assessed until park and/or street landscaping have been
installed. When park and/or street landscape improvements have been completed, the
appropriate park and street tier levels will be assigned, but in no case shall the assessments
exceed the amount established in Resolution No. 019-05 as escalated per the above
described Consumer Price Index.

All parcels as described in the Benefit Formula on file with the City Clerk within the area will
be affected. Sensory benefits from installing street landscaping are aesthetic enhancement
and open space enjoyment.

A public park will benefit all the residential lots and public median and street landscaping
will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis
throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached
hereto and incorporated in this resolution as though fully set forth herein.

NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield,
by virtue of the power vested in me and the order of the Council of said City, hereby submit
the Fiscal Year 2016-2017 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E,"
respectively, attached hereto and incorporated herein as though fully set forth, upon all
parcels of property within additional territory subject to be assessed to pay the cost of
maintenance and operation in said area.

Dated: _______________

NICK FIDLER
Director of Public Works
City of Bakersfield

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EXHIBIT 1
LEGAL DESCRIPTION

Area 4-163

An area located in Section 31, Township 29, Range 28 M.D.B. & M., more
particularly described as follows:

SPR 16-0032
1319 1st street Bakersfield California

Containing: 0.53 Acres, more or less.

EXHIBIT A
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA

Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below:

Rate:
Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A
Consolidated Maintenance District Cost per Tier as approved by City Council Resolution 019-15. As per the Resolution, Said amounts
shall be increased annually by the cost of living increase reflected in the Los AngelesRiversideOrange County / All Urban Consumers
Consumer Price Index. Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are
established by the Recreation and Parks Department through separate policy.

Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel.

Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the
Recreation and Parks Department for the entire area of the Consolidated Maintenance District.

County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll.

Total Assessment $= ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee)

Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at
their current rate.

Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot.

On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on the maximum assessment. Any areas formed after
Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms.

A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs:

1. Bakersfield Municipal code 13.04.021:

It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map
Act and that benefit from landscaping in the public right-of-way and/or public parks. Nothing shall preclude the city from
requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general
plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city.

2. Bakersfield Municipal Code 13.04.022 (A):

No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance
district to provide for all future maintenance of any landscaping in the public right-of-way and of any public park required as a
condition of approval of the development project for the area covered by the final map or parcel map waiver.

3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a
Conditional Use Permit.

Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDUs may also be adjusted given special conditions or
agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by
their actual units on their site as per their plans, map, or current use.

Single Family Residential Parcels: 1 EDU per Parcel


Mobile Home Parks: 1 EDU per Space / Lot
Multifamily Residential Parcels: .71 EDU per Unit
(Commercial / Industrial / Mixed Use): 6 EDU per Acre

Undeveloped ground in its natural state will be assigned EDUs based on their zoning at max theoretical density as used by the City of
Bakersfield Planning Dept. Those densities are:

Zone EDUs per gross acre

R-1 4
R-2 17.42 (max.)
R-3 34.85 (max.)
R-4 72.6 (max.)
E 4.36
R-S 1.82
R-S-1A 1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
R-S-2.5A 0.4 Agricultural: 1 EDU per gross acre
R-S-5A 0.2
R-S-10A 0.1

EXHIBIT C
MAINTENANCE DISTRICT AREA 4-163

Said assessment is made in accordance with the benefit formula attached hereto.

2016-2017
BUDGET

Gross Budget Amount Required $0.00


(City Staff Services or Contract, Supplies, Materials and Utilities)

Estimated Beginning Fund Balance(Deficit) ** $0.00

Less: City Contributions $0.00

NET AMOUNT TO BE ASSESSED $0.00

** Previous Years Deficits No Longer Carried Forward.

EXHIBIT D
MAINTENANCE DISTRICT AREA 4-163

ASSESSMENT ROLL

FISCAL YEAR 2016-2017

Assessor's Tax No. Total amount to


be collected for
FY (2016-2017)

010-312-15-001 $0.00

1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
Total $0.00

Date:

City Clerk and Ex Officio Clerk of the


Council of the City of Bakersfield

EXHIBIT E
ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Consent - Resolutions i.

TO: Honorable Mayor and City Council


FROM: Nick Fidler, Public Works Director
DATE: 2/17/2017
WARD: Ward(s) 2, 3, 6
SUBJECT: Resolutions of Intention (ROI) to add the following areas to the
Consolidated Maintenance District and preliminarily approving,
confirming, and adopting the Public Works Directors Report for each:

1. ROI No. 1913 to add Area 1-116 (SEC of Commerce Dr. &
Commercial Way) Ward 2
2. ROI No. 1914 to add Area 2-66 (SEC of Wilson Rd. & S. Real
Road) Ward 6
3. ROI No. 1915 to add Area 3-102 (NEC of Mountain Ridge Dr. &
Taft Hwy.) Ward 6
4. ROI No. 1916 to add Area 4-164 (1920 Golden State Hwy.)
Ward 3

STAFF RECOMMENDATION:

Staff recommends adopting the Resolutions of Intention.


BACKGROUND:

Written requests have been received by the City Engineer from the owner(s) of the parcels to be
included into the Consolidated Maintenance District as required by section 13.04.021 of the
Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a public park and street landscaping. This area will be under the park and
streetscape zones of benefit and will be assigned appropriate tier levels when a park has been
constructed and street landscaping has been installed.

The City of Bakersfield has received a letter from the owner(s) of the properties described
above which waives the public hearing concerning inclusion in the Consolidated Maintenance
District. This allows the City to expedite the maintenance district process to satisfy the
subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating
their consent to the assessments.

In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor-
Recorders Office upon approval of this Resolution.

Staff is recommending the new territories be added to the Consolidated Maintenance District at
the next City Council meeting.

ATTACHMENTS:
Description Type
ROI #1913 adding Area 1-116 to the CMD Resolution
MD 1-116 Exhibit 1 Exhibit
MD 1-116 Exhibit A Exhibit
MD 1-116 Exhibit B Exhibit
MD 1-116 Exhibit C Exhibit
MD 1-116 Exhibit D Exhibit
MD 1-116 Exhibit E Exhibit
MD 1-116 Exhibit F Exhibit
ROI #1914 adding Area 2-66 to the CMD Resolution
MD 2-66 Exhibit 1 Exhibit
MD 2-66 Exhibit A Exhibit
MD 2-66 Exhibit B Exhibit
MD 2-66 Exhibit C Exhibit
MD 2-66 Exhibit D Exhibit
MD 2-66 Exhibit E Exhibit
MD 2-66 Exhibit F Exhibit
ROI #1915 adding Area 3-102 to the CMD Resolution
MD 3-102 Exhibit 1 Exhibit
MD 3-102 Exhibit A Exhibit
MD 3-102 Exhibit B Exhibit
MD 3-102 Exhibit C Exhibit
MD 3-102 Exhibit D Exhibit
MD 3-102 Exhibit E Exhibit
MD 3-102 Exhibit F Exhibit
ROI #1916 adding Area 4-164 to the CMD Resolution
MD 4-164 Exhibit 1 Exhibit
MD 4-164 Exhibit A Exhibit
MD 4-164 Exhibit B Exhibit
MD 4-164 Exhibit C Exhibit
MD 4-164 Exhibit D Exhibit
MD 4-164 Exhibit E Exhibit
MD 4-164 Exhibit F Exhibit
RESOLUTION OF INTENTION NO. 1913

A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,


AREA 1-116 (SEC OF COMMERCE DRIVE & COMMERCIAL
WAY) TO THE CONSOLIDATED MAINTENANCE DISTRICT,
PRELIMINARILY ADOPTING, CONFIRMING AND
APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE
BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE
BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT
TO BE LEVIED AGAINST EACH PARCEL. (WARD 2)

WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of


Bakersfield provides for a procedure by which the City Council may provide for the
payment of the whole or any part of the costs and expenses of maintaining and
operating any public improvements which are local in nature, from annual benefit
assessments apportioned among the lots or parcels of property within the
established Consolidated Maintenance District ("CMD"). The assessments to be
placed on parcels within this district area reflect that portion of the cost of
maintenance of a public park and public street landscaping ("special benefit")
above and beyond the basic cost of maintenance of a public park and public
street landscaping throughout the City ("general benefit");

WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit
1), the property within this new district reflects that portion of the cost of
maintenance of a public street landscaping and/or public park, based on the
location of said improvements in or near said area, above and beyond the general
benefit of parcels within the City that are not part of the CMD. Each parcel within
this area will be assessed its proportionate share of special benefit based on the
zoning, usage, and size of the parcel;

WHEREAS, the property owner has requested the City Council to include the
property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code
of the City of Bakersfield, and the Public Works Director recommends addition of
territory to the CMD;

WHEREAS, it is the intention of the City Council of the City of Bakersfield to


add territory, Area 1-116 to the CMD, said area is generally described in Exhibit "B"
attached hereto, to maintain local improvements including a public park and
public street landscaping;
street landscaping; and
WHEREAS, the Public Works Director has on this date filed with the Clerk of
said Council his report, attached hereto and incorporated herein by reference as
Exhibit "1," containing the following:

a) A description of the boundary of the additional territory, attached


hereto as Exhibit "A";

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Page 1 of 3
b) A map and assessment diagram of the additional territory, attached
hereto as Exhibit B;

c) The benefit formula attached hereto as Exhibit "C";

d) A budget, attached hereto as Exhibit "D," containing the matters


specified in Section 13.04.130 of the Bakersfield Municipal Code;

e) The amount of assessment to be levied against each parcel,


attached hereto as Exhibit "E";

f) Correspondence from the property owner(s) requesting inclusion


within the CMD attached hereto as Exhibit F;

WHEREAS, the City of Bakersfield has received a letter from the owner(s) of
the property described in Exhibit "B," which waives any and all hearings (whether
pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law)
concerning the formation of and assessments for inclusion in the Consolidated
Maintenance District; and

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of


Bakersfield, State of California, as follows:

1. The foregoing recitals are true and correct and are incorporated
herein.

2. The City Council hereby preliminarily adopts and approves the Public
Works Director's Report and declares that the territory within the
boundaries so specified and described is the area, benefiting from said
local improvements; that the expense of maintaining and operating
said improvements is hereby made assessable upon said area; and that
the exterior boundaries thereof are hereby specified and described to
be as shown on that certain map marked Exhibit "B," entitled "Map and
Assessment Diagram for Addition of Territory, to the Consolidated
Maintenance District, Bakersfield, California," which map indicates by a
boundary line the extent of the territory to be added to the
Consolidated Maintenance District and shall govern for all details as to
the extent of the addition.

3. Each parcel identified in Exhibit "E" is included in the Street Landscape


and Park Zones of benefit and is assessed an amount not to exceed the
amount established in Resolution No. 019-05 per equivalent dwelling unit
per year. In each subsequent year, annual assessments may increase
by the cost of living reflected in the Los Angeles-Riverside-Orange
County/All Urban Consumers Consumer Price Index.

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Page 2 of 3
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on
_________________________________, by the following vote:

AYES: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, -----------, SULLIVAN, PARLIER


NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER

__________________________________________
PAMELA A. McCARTHY, MMC
INTERIM CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield

APPROVED: _________________________________

____________________________________________
KAREN K. GOH
MAYOR of the City of Bakersfield

APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney

By: _________________________________________
ANDREW HEGLUND
Deputy City Attorney

Attachments: Exhibit "1" Exhibit "D"


Exhibit "A" Exhibit "E"
Exhibit "B" Exhibit "F"
Exhibit C

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PUBLIC WORKS DIRECTOR'S REPORT

ADDITION OF TERRITORY, AREA 1-116

Fiscal Year 2016-2017

Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is


generally described as the southeast corner of Commerce Drive & Commercial Way and as
shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and
incorporated herein by reference as though fully set forth, as an area within the City of
Bakersfield.

Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director
makes and files this report and proposed assessment of and upon all parcels of property
within the area for the cost of maintaining a public park and public street medians and other
public street landscaping. The improvements generally include, but are not limited to,
recreation and sports equipment including swings, slides, play structures and storage
buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains
and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical
wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and
sidewalks and walkways now existing or hereafter to be constructed or planted in and for
said area and are of a public nature. The assessment includes the cost of necessary repairs,
replacement, water, electricity, care, supervision and any and all other items necessary for
the proper maintenance and operation thereof, and all additions and improvements
thereto which may hereafter be made.

For many years, public parks, public streets median and other public street landscaping
improvements in the City were maintained through traditional tax revenues. After Proposition
13, in 1978, funds available for maintenance and operation of parks, street median and
other street landscaping improvements were substantially reduced. At present, the City's
budget does not allow for maintenance and operation of park and street landscaping
improvements of the type described above. Thus, without funds for maintenance and
operating costs from a source other than general tax revenues, the City does not permit new
public parks, street median and other street landscaping improvements to be constructed
within the City.

Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance
District for the maintenance of a park and public street median and other street
landscaping. The area will be assigned appropriate park and street tiers in the Consolidated
Maintenance District so that each parcel will be assessed the same amount as other parcels
receiving a similar benefit.

All parcels within this area shall be assessed an amount not to exceed that established in
Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit C) per
parcel. In each subsequent year, annual assessments may increase by the cost of living
S:\PROJECTS\MAINDIST\Formation Documents\Area 1\MD 1-116\PW DIRECTOR'S REPORT.docx EXHIBIT 1
reflected in the Los Angeles-Riverside-Orange County/All Urban Consumers Consumer Price
Index. However, parcels will not be assessed until park and/or street landscaping have been
installed. When park and/or street landscape improvements have been completed, the
appropriate park and street tier levels will be assigned, but in no case shall the assessments
exceed the amount established in Resolution No. 019-05 as escalated per the above
described Consumer Price Index.

All parcels as described in the Benefit Formula on file with the City Clerk within the area will
be affected. Sensory benefits from installing street landscaping are aesthetic enhancement
and open space enjoyment.

A public park will benefit all the residential lots and public median and street landscaping
will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis
throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached
hereto and incorporated in this resolution as though fully set forth herein.

NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield,
by virtue of the power vested in me and the order of the Council of said City, hereby submit
the Fiscal Year 2016-2017 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E,"
respectively, attached hereto and incorporated herein as though fully set forth, upon all
parcels of property within additional territory subject to be assessed to pay the cost of
maintenance and operation in said area.

Dated: _______________

NICK FIDLER
Public Works Director
City of Bakersfield

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LEGAL DESCRIPTION

Area 1-116

An area located in Section 34, Township 29, Range 27 M.D.B. & M., more
particularly described as follows:

SPR 16-0325
1408 Commercial way Bakersfield California

Containing: 1.05 Acres, more or less.

EXHIBIT A
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA

Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below:

Rate:
Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A
Consolidated Maintenance District Cost per Tier as approved by City Council Resolution 019-15. As per the Resolution, Said amounts
shall be increased annually by the cost of living increase reflected in the Los AngelesRiversideOrange County / All Urban Consumers
Consumer Price Index. Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are
established by the Recreation and Parks Department through separate policy.

Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel.

Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the
Recreation and Parks Department for the entire area of the Consolidated Maintenance District.

County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll.

Total Assessment $= ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee)

Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at
their current rate.

Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot.

On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on the maximum assessment. Any areas formed after
Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms.

A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs:

1. Bakersfield Municipal code 13.04.021:

It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map
Act and that benefit from landscaping in the public right-of-way and/or public parks. Nothing shall preclude the city from
requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general
plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city.

2. Bakersfield Municipal Code 13.04.022 (A):

No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance
district to provide for all future maintenance of any landscaping in the public right-of-way and of any public park required as a
condition of approval of the development project for the area covered by the final map or parcel map waiver.

3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a
Conditional Use Permit.

Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDUs may also be adjusted given special conditions or
agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by
their actual units on their site as per their plans, map, or current use.

Single Family Residential Parcels: 1 EDU per Parcel


Mobile Home Parks: 1 EDU per Space / Lot
Multifamily Residential Parcels: .71 EDU per Unit
(Commercial / Industrial / Mixed Use): 6 EDU per Acre

Undeveloped ground in its natural state will be assigned EDUs based on their zoning at max theoretical density as used by the City of
Bakersfield Planning Dept. Those densities are:

Zone EDUs per gross acre

R-1 4
R-2 17.42 (max.)
R-3 34.85 (max.)
R-4 72.6 (max.)
E 4.36
R-S 1.82
R-S-1A 1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
R-S-2.5A 0.4 Agricultural: 1 EDU per gross acre
R-S-5A 0.2
R-S-10A 0.1

EXHIBIT C
MAINTENANCE DISTRICT AREA 1-116

Said assessment is made in accordance with the benefit formula attached hereto.

2016-2017
BUDGET

Gross Budget Amount Required $0.00


(City Staff Services or Contract, Supplies, Materials and Utilities)

Estimated Beginning Fund Balance(Deficit) ** $0.00

Less: City Contributions $0.00

NET AMOUNT TO BE ASSESSED $0.00

** Previous Years Deficits No Longer Carried Forward.

EXHIBIT D
MAINTENANCE DISTRICT AREA 1-116

ASSESSMENT ROLL

FISCAL YEAR 2016-2017

Assessor's Tax No. Total amount to


be collected for
FY (2016-2017)

331-330-31-009 $0.00

1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
Total $0.00

Date:

City Clerk and Ex Officio Clerk of the


Council of the City of Bakersfield

EXHIBIT E
RESOLUTION OF INTENTION NO. 1914

A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,


AREA 2-66 (SOUTHEAST CORNER OF WILSON ROAD & S.
REAL ROAD) TO THE CONSOLIDATED MAINTENANCE
DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND
APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE
BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE
BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT
TO BE LEVIED AGAINST EACH PARCEL. (WARD 6)

WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of


Bakersfield provides for a procedure by which the City Council may provide for the
payment of the whole or any part of the costs and expenses of maintaining and
operating any public improvements which are local in nature, from annual benefit
assessments apportioned among the lots or parcels of property within the
established Consolidated Maintenance District ("CMD"). The assessments to be
placed on parcels within this district area reflect that portion of the cost of
maintenance of a public park and public street landscaping ("special benefit")
above and beyond the basic cost of maintenance of a public park and public
street landscaping throughout the City ("general benefit");

WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit
1), the property within this new district reflects that portion of the cost of
maintenance of a public street landscaping and/or public park, based on the
location of said improvements in or near said area, above and beyond the general
benefit of parcels within the City that are not part of the CMD. Each parcel within
this area will be assessed its proportionate share of special benefit based on the
zoning, usage, and size of the parcel;

WHEREAS, the property owner has requested the City Council to include the
property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code
of the City of Bakersfield, and the Public Works Director recommends addition of
territory to the CMD;

WHEREAS, it is the intention of the City Council of the City of Bakersfield to


add territory, Area 2-66 to the CMD, said area is generally described in Exhibit "B"
attached hereto, to maintain local improvements including a public park and
public street landscaping;
street landscaping; and
WHEREAS, the Public Works Director has on this date filed with the Clerk of
said Council his report, attached hereto and incorporated herein by reference as
Exhibit "1," containing the following:

a) A description of the boundary of the additional territory, attached


hereto as Exhibit "A";

S:\PROJECTS\MAINDIST\Formation Documents\Area 2\MD 2-66\ROI 1914 EST CMD.docx


Page 1 of 3
b) A map and assessment diagram of the additional territory, attached
hereto as Exhibit B;

c) The benefit formula attached hereto as Exhibit "C";

d) A budget, attached hereto as Exhibit "D," containing the matters


specified in Section 13.04.130 of the Bakersfield Municipal Code;

e) The amount of assessment to be levied against each parcel,


attached hereto as Exhibit "E";

f) Correspondence from the property owner(s) requesting inclusion


within the CMD attached hereto as Exhibit F;

WHEREAS, the City of Bakersfield has received a letter from the owner(s) of
the property described in Exhibit "B," which waives any and all hearings (whether
pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law)
concerning the formation of and assessments for inclusion in the Consolidated
Maintenance District; and

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of


Bakersfield, State of California, as follows:

1. The foregoing recitals are true and correct and are incorporated
herein.

2. The City Council hereby preliminarily adopts and approves the Public
Works Director's Report and declares that the territory within the
boundaries so specified and described is the area, benefiting from said
local improvements; that the expense of maintaining and operating
said improvements is hereby made assessable upon said area; and that
the exterior boundaries thereof are hereby specified and described to
be as shown on that certain map marked Exhibit "B," entitled "Map and
Assessment Diagram for Addition of Territory, to the Consolidated
Maintenance District, Bakersfield, California," which map indicates by a
boundary line the extent of the territory to be added to the
Consolidated Maintenance District and shall govern for all details as to
the extent of the addition.

3. Each parcel identified in Exhibit "E" is included in the Street Landscape


and Park Zones of benefit and is assessed an amount not to exceed the
amount established in Resolution No. 019-05 per equivalent dwelling unit
per year. In each subsequent year, annual assessments may increase
by the cost of living reflected in the Los Angeles-Riverside-Orange
County/All Urban Consumers Consumer Price Index.

S:\PROJECTS\MAINDIST\Formation Documents\Area 2\MD 2-66\ROI 1914 EST CMD.docx


Page 2 of 3
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on
_________________________________, by the following vote:

AYES: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, -----------, SULLIVAN, PARLIER


NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER

__________________________________________
PAMELA A. McCARTHY, MMC
INTERIM CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield

APPROVED: _________________________________

____________________________________________
KAREN K. GOH
MAYOR of the City of Bakersfield

APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney

By: _________________________________________
ANDREW HEGLUND
Deputy City Attorney

Attachments: Exhibit "1" Exhibit "D"


Exhibit "A" Exhibit "E"
Exhibit "B" Exhibit "F"
Exhibit C

S:\PROJECTS\MAINDIST\Formation Documents\Area 2\MD 2-66\ROI 1914 EST CMD.docx


Page 3 of 3
PUBLIC WORKS DIRECTOR'S REPORT

ADDITION OF TERRITORY, AREA 2-66

Fiscal Year 2016-2017

Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is


generally described as the southeast corner of Wilson Road and S. Real Road and as
specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto
and incorporated herein by reference as though fully set forth, as an area within the City of
Bakersfield.

Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director
makes and files this report and proposed assessment of and upon all parcels of property
within the area for the cost of maintaining a public park and public street medians and other
public street landscaping. The improvements generally include, but are not limited to,
recreation and sports equipment including swings, slides, play structures and storage
buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains
and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical
wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and
sidewalks and walkways now existing or hereafter to be constructed or planted in and for
said area and are of a public nature. The assessment includes the cost of necessary repairs,
replacement, water, electricity, care, supervision and any and all other items necessary for
the proper maintenance and operation thereof, and all additions and improvements
thereto which may hereafter be made.

For many years, public parks, public streets median and other public street landscaping
improvements in the City were maintained through traditional tax revenues. After Proposition
13, in 1978, funds available for maintenance and operation of parks, street median and
other street landscaping improvements were substantially reduced. At present, the City's
budget does not allow for maintenance and operation of park and street landscaping
improvements of the type described above. Thus, without funds for maintenance and
operating costs from a source other than general tax revenues, the City does not permit new
public parks, street median and other street landscaping improvements to be constructed
within the City.

Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance
District for the maintenance of a park and public street median and other street
landscaping. The area will be assigned appropriate park and street tiers in the Consolidated
Maintenance District so that each parcel will be assessed the same amount as other parcels
receiving a similar benefit.

All parcels within this area shall be assessed an amount not to exceed that established in
Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit C) per
parcel. In each subsequent year, annual assessments may increase by the cost of living
S:\PROJECTS\MAINDIST\Formation Documents\Area 2\MD 2-66\PW DIRECTOR'S REPORT.docx EXHIBIT 1
reflected in the Los Angeles-Riverside-Orange County/All Urban Consumers Consumer Price
Index. However, parcels will not be assessed until park and/or street landscaping have been
installed. When park and/or street landscape improvements have been completed, the
appropriate park and street tier levels will be assigned, but in no case shall the assessments
exceed the amount established in Resolution No. 019-05 as escalated per the above
described Consumer Price Index.

All parcels as described in the Benefit Formula on file with the City Clerk within the area will
be affected. Sensory benefits from installing street landscaping are aesthetic enhancement
and open space enjoyment.

A public park will benefit all the residential lots and public median and street landscaping
will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis
throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached
hereto and incorporated in this resolution as though fully set forth herein.

NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield,
by virtue of the power vested in me and the order of the Council of said City, hereby submit
the Fiscal Year 2016-2017 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E,"
respectively, attached hereto and incorporated herein as though fully set forth, upon all
parcels of property within additional territory subject to be assessed to pay the cost of
maintenance and operation in said area.

Dated: _______________

NICK FIDLER
Public Works Director
City of Bakersfield

S:\PROJECTS\MAINDIST\Formation Documents\Area 2\MD 2-66\PW DIRECTOR'S REPORT.docx EXHIBIT 1


LEGAL DESCRIPTION

Area 2-66

An area located in Section 11, Township 30, Range 27 M.D.B. & M., more
particularly described as follows:

SPR 16-9946
3699 Wilson Road Bakersfield California

Containing: 0.65902 Acres, more or less.

EXHIBIT A
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA

Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below:

Rate:
Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A
Consolidated Maintenance District Cost per Tier as approved by City Council Resolution 019-15. As per the Resolution, Said amounts
shall be increased annually by the cost of living increase reflected in the Los AngelesRiversideOrange County / All Urban Consumers
Consumer Price Index. Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are
established by the Recreation and Parks Department through separate policy.

Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel.

Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the
Recreation and Parks Department for the entire area of the Consolidated Maintenance District.

County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll.

Total Assessment $= ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee)

Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at
their current rate.

Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot.

On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on the maximum assessment. Any areas formed after
Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms.

A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs:

1. Bakersfield Municipal code 13.04.021:

It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map
Act and that benefit from landscaping in the public right-of-way and/or public parks. Nothing shall preclude the city from
requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general
plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city.

2. Bakersfield Municipal Code 13.04.022 (A):

No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance
district to provide for all future maintenance of any landscaping in the public right-of-way and of any public park required as a
condition of approval of the development project for the area covered by the final map or parcel map waiver.

3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a
Conditional Use Permit.

Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDUs may also be adjusted given special conditions or
agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by
their actual units on their site as per their plans, map, or current use.

Single Family Residential Parcels: 1 EDU per Parcel


Mobile Home Parks: 1 EDU per Space / Lot
Multifamily Residential Parcels: .71 EDU per Unit
(Commercial / Industrial / Mixed Use): 6 EDU per Acre

Undeveloped ground in its natural state will be assigned EDUs based on their zoning at max theoretical density as used by the City of
Bakersfield Planning Dept. Those densities are:

Zone EDUs per gross acre

R-1 4
R-2 17.42 (max.)
R-3 34.85 (max.)
R-4 72.6 (max.)
E 4.36
R-S 1.82
R-S-1A 1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
R-S-2.5A 0.4 Agricultural: 1 EDU per gross acre
R-S-5A 0.2
R-S-10A 0.1

EXHIBIT C
MAINTENANCE DISTRICT AREA 2-66

Said assessment is made in accordance with the benefit formula attached hereto.

2016-2017
BUDGET

Gross Budget Amount Required $0.00


(City Staff Services or Contract, Supplies, Materials and Utilities)

Estimated Beginning Fund Balance(Deficit) ** $0.00

Less: City Contributions $0.00

NET AMOUNT TO BE ASSESSED $0.00

** Previous Years Deficits No Longer Carried Forward.

EXHIBIT D
MAINTENANCE DISTRICT AREA 2-66

ASSESSMENT ROLL

FISCAL YEAR 2016-2017

Assessor's Tax No. Total amount to


be collected for
FY (2016-2017)

441-370-01-006 $0.00

0 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
Total $0.00

Date:

City Clerk and Ex Officio Clerk of the


Council of the City of Bakersfield

EXHIBIT E
RESOLUTION OF INTENTION NO. 1915

A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,


AREA 3-102 (NORTHEAST CORNER OF MOUNTAIN RIDGE
DRIVE & TAFT HWY.) TO THE CONSOLIDATED
MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING,
CONFIRMING AND APPROVING THE PUBLIC WORKS
DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION,
THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT
OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL.
(WARD 6)

WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of


Bakersfield provides for a procedure by which the City Council may provide for
the payment of the whole or any part of the costs and expenses of maintaining
and operating any public improvements which are local in nature, from annual
benefit assessments apportioned among the lots or parcels of property within the
established Consolidated Maintenance District ("CMD"). The assessments to be
placed on parcels within this district area reflect that portion of the cost of
maintenance of a public park and public street landscaping ("special benefit")
above and beyond the basic cost of maintenance of a public park and public
street landscaping throughout the City ("general benefit");

WHEREAS, as set forth in the attached Public Works Director's Report


(Exhibit 1), the property within this new district reflects that portion of the cost of
maintenance of a public street landscaping and/or public park, based on the
location of said improvements in or near said area, above and beyond the
general benefit of parcels within the City that are not part of the CMD. Each
parcel within this area will be assessed its proportionate share of special benefit
based on the zoning, usage, and size of the parcel;

WHEREAS, the property owner(s) has requested the City Council to


include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the
Municipal Code of the City of Bakersfield, and the Public Works Director
recommends addition of territory to the CMD;

WHEREAS, it is the intention of the City Council of the City of Bakersfield to


add territory, Area 3-102 to the CMD, said area is generally described in Exhibit "B"
attached hereto, to maintain local improvements including a public park and
public street landscaping;
street landscaping; and
WHEREAS, the Public Works Director has on this date filed with the Clerk of
said Council his report, attached hereto and incorporated herein by reference as
Exhibit "1," containing the following:

a) A description of the boundary of the additional territory, attached


hereto as Exhibit "A";
S:\PROJECTS\MAINDIST\Formation Documents\Area 3\MD 3-102\ROI 1915 EST CMD.docx
Page 1 of 3
b) A map and assessment diagram of the additional territory,
attached hereto as Exhibit B;

c) The benefit formula attached hereto as Exhibit "C";

d) A budget, attached hereto as Exhibit "D," containing the matters


specified in Section 13.04.130 of the Bakersfield Municipal Code;

e) The amount of assessment to be levied against each parcel,


attached hereto as Exhibit "E";

f) Correspondence from the property owner(s) requesting inclusion


within the CMD attached hereto as Exhibit F;

WHEREAS, the City of Bakersfield has received a letter from the owner(s)
of the property described in Exhibit "B," which waives any and all hearings
(whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other
law) concerning the formation of and assessments for inclusion in the
Consolidated Maintenance District; and

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of


Bakersfield, State of California, as follows:

1. The foregoing recitals are true and correct and are incorporated
herein.

2. The City Council hereby preliminarily adopts and approves the Public
Works Director's Report and declares that the territory within the
boundaries so specified and described is the area, benefiting from
said local improvements; that the expense of maintaining and
operating said improvements is hereby made assessable upon said
area; and that the exterior boundaries thereof are hereby specified
and described to be as shown on that certain map marked Exhibit
"B," entitled "Map and Assessment Diagram for Addition of Territory, to
the Consolidated Maintenance District, Bakersfield, California," which
map indicates by a boundary line the extent of the territory to be
added to the Consolidated Maintenance District and shall govern for
all details as to the extent of the addition.

3. Each parcel identified in Exhibit "E" is included in the Street


Landscape and Park Zones of benefit and is assessed an amount not
to exceed the amount established in Resolution No. 019-05 per
equivalent dwelling unit per year. In each subsequent year, annual
assessments may increase by the cost of living reflected in the Los
Angeles-Riverside-Orange County/All Urban Consumers Consumer
Price Index.
S:\PROJECTS\MAINDIST\Formation Documents\Area 3\MD 3-102\ROI 1915 EST CMD.docx
Page 2 of 3
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on
_________________________________, by the following vote:

AYES: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, -------------, SULLIVAN, PARLIER


NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER

__________________________________________
PAMELA A. McCARTHY, MMC
INTERIM CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield

APPROVED: _________________________________

____________________________________________
KAREN K. GOH
MAYOR of the City of Bakersfield

APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney

By: _________________________________________
ANDREW HEGLUND
Deputy City Attorney

Attachments: Exhibit "1" Exhibit "D"


Exhibit "A" Exhibit "E"
Exhibit "B" Exhibit "F"
Exhibit C

S:\PROJECTS\MAINDIST\Formation Documents\Area 3\MD 3-102\ROI 1915 EST CMD.docx


Page 3 of 3
PUBLIC WORKS DIRECTOR'S REPORT

ADDITION OF TERRITORY, AREA 3-102

Fiscal Year 2015-2016

Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is


generally described as the northeast corner of Mountain Ridge Drive & Taft Hwy. and as
specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto
and incorporated herein by reference as though fully set forth, as an area within the City of
Bakersfield.

Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director
makes and files this report and proposed assessment of and upon all parcels of property
within the area for the cost of maintaining a public park and public street medians and other
public street landscaping. The improvements generally include, but are not limited to,
recreation and sports equipment including swings, slides, play structures and storage
buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains
and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical
wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and
sidewalks and walkways now existing or hereafter to be constructed or planted in and for
said area and are of a public nature. The assessment includes the cost of necessary repairs,
replacement, water, electricity, care, supervision and any and all other items necessary for
the proper maintenance and operation thereof, and all additions and improvements
thereto which may hereafter be made.

For many years, public parks, public streets median and other public street landscaping
improvements in the City were maintained through traditional tax revenues. After Proposition
13, in 1978, funds available for maintenance and operation of parks, street median and
other street landscaping improvements were substantially reduced. At present, the City's
budget does not allow for maintenance and operation of park and street landscaping
improvements of the type described above. Thus, without funds for maintenance and
operating costs from a source other than general tax revenues, the City does not permit new
public parks, street median and other street landscaping improvements to be constructed
within the City.

Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance
District for the maintenance of a park and public street median and other street
landscaping. The area will be assigned appropriate park and street tiers in the Consolidated
Maintenance District so that each parcel will be assessed the same amount as other parcels
receiving a similar benefit.

All parcels within this area shall be assessed an amount not to exceed that established in
Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit C) per
parcel. In each subsequent year, annual assessments may increase by the cost of living
S:\PROJECTS\MAINDIST\Formation Documents\Area 3\MD 3-102\PW DIRECTOR'S REPORT.docx EXHIBIT 1
reflected in the Los Angeles-Riverside-Orange County/All Urban Consumers Consumer Price
Index. However, parcels will not be assessed until park and/or street landscaping have been
installed. When park and/or street landscape improvements have been completed, the
appropriate park and street tier levels will be assigned, but in no case shall the assessments
exceed the amount established in Resolution No. 019-05 as escalated per the above
described Consumer Price Index.

All parcels as described in the Benefit Formula on file with the City Clerk within the area will
be affected. Sensory benefits from installing street landscaping are aesthetic enhancement
and open space enjoyment.

A public park will benefit all the residential lots and public median and street landscaping
will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis
throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached
hereto and incorporated in this resolution as though fully set forth herein.

NOW THEREFORE, I, NICK FIDLER, Director of Public Works for the City of Bakersfield,
by virtue of the power vested in me and the order of the Council of said City, hereby submit
the Fiscal Year 2015-2016 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E,"
respectively, attached hereto and incorporated herein as though fully set forth, upon all
parcels of property within additional territory subject to be assessed to pay the cost of
maintenance and operation in said area.

Dated: _______________

NICK FIDLER
Public Works Director
City of Bakersfield

S:\PROJECTS\MAINDIST\Formation Documents\Area 3\MD 3-102\PW DIRECTOR'S REPORT.docx EXHIBIT 1


LEGAL DESCRIPTION

Area 3-102

An area located in Section 34, Township 30, Range 27 M.D.B. & M., more
particularly described as follows:

Tract 6760
5514 Highway 119 Bakersfield California

Containing: 8.85 Acres, more or less.

EXHIBIT A
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA

Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below:

Rate:
Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A
Consolidated Maintenance District Cost per Tier as approved by City Council Resolution 019-15. As per the Resolution, Said amounts
shall be increased annually by the cost of living increase reflected in the Los AngelesRiversideOrange County / All Urban Consumers
Consumer Price Index. Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are
established by the Recreation and Parks Department through separate policy.

Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel.

Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the
Recreation and Parks Department for the entire area of the Consolidated Maintenance District.

County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll.

Total Assessment $= ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee)

Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at
their current rate.

Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot.

On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on the maximum assessment. Any areas formed after
Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms.

A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs:

1. Bakersfield Municipal code 13.04.021:

It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map
Act and that benefit from landscaping in the public right-of-way and/or public parks. Nothing shall preclude the city from
requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general
plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city.

2. Bakersfield Municipal Code 13.04.022 (A):

No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance
district to provide for all future maintenance of any landscaping in the public right-of-way and of any public park required as a
condition of approval of the development project for the area covered by the final map or parcel map waiver.

3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a
Conditional Use Permit.

Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDUs may also be adjusted given special conditions or
agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by
their actual units on their site as per their plans, map, or current use.

Single Family Residential Parcels: 1 EDU per Parcel


Mobile Home Parks: 1 EDU per Space / Lot
Multifamily Residential Parcels: .71 EDU per Unit
(Commercial / Industrial / Mixed Use): 6 EDU per Acre

Undeveloped ground in its natural state will be assigned EDUs based on their zoning at max theoretical density as used by the City of
Bakersfield Planning Dept. Those densities are:

Zone EDUs per gross acre

R-1 4
R-2 17.42 (max.)
R-3 34.85 (max.)
R-4 72.6 (max.)
E 4.36
R-S 1.82
R-S-1A 1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
R-S-2.5A 0.4 Agricultural: 1 EDU per gross acre
R-S-5A 0.2
R-S-10A 0.1

EXHIBIT C
MAINTENANCE DISTRICT AREA 3-102

Said assessment is made in accordance with the benefit formula attached hereto.

2016-2017
BUDGET

Gross Budget Amount Required $0.00


(City Staff Services or Contract, Supplies, Materials and Utilities)

Estimated Beginning Fund Balance(Deficit) ** $0.00

Less: City Contributions $0.00

NET AMOUNT TO BE ASSESSED $0.00

** Previous Years Deficits No Longer Carried Forward.

EXHIBIT D
MAINTENANCE DISTRICT AREA 3-102

ASSESSMENT ROLL

FISCAL YEAR 2016-2017

Assessor's Tax No. Total amount to


be collected for
FY (2016-2017)

532-040-02-006 $0.00

1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
Total $0.00

Date:

City Clerk and Ex Officio Clerk of the


Council of the City of Bakersfield

EXHIBIT E
RESOLUTION OF INTENTION NO. 1916

A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,


AREA 4-164 (1920 GOLDEN STATE HWY.) TO THE
CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY
ADOPTING, CONFIRMING AND APPROVING THE PUBLIC
WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE
ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND
THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST
EACH PARCEL. (WARD 3)

WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of


Bakersfield provides for a procedure by which the City Council may provide for the
payment of the whole or any part of the costs and expenses of maintaining and
operating any public improvements which are local in nature, from annual benefit
assessments apportioned among the lots or parcels of property within the
established Consolidated Maintenance District ("CMD"). The assessments to be
placed on parcels within this district area reflect that portion of the cost of
maintenance of a public park and public street landscaping ("special benefit")
above and beyond the basic cost of maintenance of a public park and public
street landscaping throughout the City ("general benefit");

WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit
1), the property within this new district reflects that portion of the cost of
maintenance of a public street landscaping and/or public park, based on the
location of said improvements in or near said area, above and beyond the general
benefit of parcels within the City that are not part of the CMD. Each parcel within
this area will be assessed its proportionate share of special benefit based on the
zoning, usage, and size of the parcel;

WHEREAS, the property owner has requested the City Council to include the
property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code
of the City of Bakersfield, and the Public Works Director recommends addition of
territory to the CMD;

WHEREAS, it is the intention of the City Council of the City of Bakersfield to


add territory, Area 4-164 to the CMD, said area is generally described in Exhibit "B"
attached hereto, to maintain local improvements including a public park and
public street landscaping;
street landscaping; and
WHEREAS, the Public Works Director has on this date filed with the Clerk of
said Council his report, attached hereto and incorporated herein by reference as
Exhibit "1," containing the following:

a) A description of the boundary of the additional territory, attached


hereto as Exhibit "A";

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Page 1 of 3
b) A map and assessment diagram of the additional territory, attached
hereto as Exhibit B;

c) The benefit formula attached hereto as Exhibit "C";

d) A budget, attached hereto as Exhibit "D," containing the matters


specified in Section 13.04.130 of the Bakersfield Municipal Code;

e) The amount of assessment to be levied against each parcel,


attached hereto as Exhibit "E";

f) Correspondence from the property owner(s) requesting inclusion


within the CMD attached hereto as Exhibit F;

WHEREAS, the City of Bakersfield has received a letter from the owner(s) of
the property described in Exhibit "B," which waives any and all hearings (whether
pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law)
concerning the formation of and assessments for inclusion in the Consolidated
Maintenance District; and

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of


Bakersfield, State of California, as follows:

1. The foregoing recitals are true and correct and are incorporated
herein.

2. The City Council hereby preliminarily adopts and approves the Public
Works Director's Report and declares that the territory within the
boundaries so specified and described is the area, benefiting from said
local improvements; that the expense of maintaining and operating
said improvements is hereby made assessable upon said area; and that
the exterior boundaries thereof are hereby specified and described to
be as shown on that certain map marked Exhibit "B," entitled "Map and
Assessment Diagram for Addition of Territory, to the Consolidated
Maintenance District, Bakersfield, California," which map indicates by a
boundary line the extent of the territory to be added to the
Consolidated Maintenance District and shall govern for all details as to
the extent of the addition.

3. Each parcel identified in Exhibit "E" is included in the Street Landscape


and Park Zones of benefit and is assessed an amount not to exceed the
amount established in Resolution No. 019-05 per equivalent dwelling unit
per year. In each subsequent year, annual assessments may increase
by the cost of living reflected in the Los Angeles-Riverside-Orange
County/All Urban Consumers Consumer Price Index.

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Page 2 of 3
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on
_________________________________, by the following vote:

AYES: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, -------------, SULLIVAN, PARLIER


NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER

__________________________________________
PAMELA A. McCARTHY, MMC
INTERIM CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield

APPROVED: _________________________________

____________________________________________
KAREN K. GOH
MAYOR of the City of Bakersfield

APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney

By: _________________________________________
ANDREW HEGLUND
Deputy City Attorney

Attachments: Exhibit "1" Exhibit "D"


Exhibit "A" Exhibit "E"
Exhibit "B" Exhibit "F"
Exhibit C

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Page 3 of 3
PUBLIC WORKS DIRECTOR'S REPORT

ADDITION OF TERRITORY, AREA 4-164

Fiscal Year 2016-2017

Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is


described as 1920 Golden State Hwy. and as shown on Map and Assessment Diagram
marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set
forth, as an area within the City of Bakersfield.

Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director
makes and files this report and proposed assessment of and upon all parcels of property
within the area for the cost of maintaining a public park and public street medians and other
public street landscaping. The improvements generally include, but are not limited to,
recreation and sports equipment including swings, slides, play structures and storage
buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains
and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical
wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and
sidewalks and walkways now existing or hereafter to be constructed or planted in and for
said area and are of a public nature. The assessment includes the cost of necessary repairs,
replacement, water, electricity, care, supervision and any and all other items necessary for
the proper maintenance and operation thereof, and all additions and improvements
thereto which may hereafter be made.

For many years, public parks, public streets median and other public street landscaping
improvements in the City were maintained through traditional tax revenues. After Proposition
13, in 1978, funds available for maintenance and operation of parks, street median and
other street landscaping improvements were substantially reduced. At present, the City's
budget does not allow for maintenance and operation of park and street landscaping
improvements of the type described above. Thus, without funds for maintenance and
operating costs from a source other than general tax revenues, the City does not permit new
public parks, street median and other street landscaping improvements to be constructed
within the City.

Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance
District for the maintenance of a park and public street median and other street
landscaping. The area will be assigned appropriate park and street tiers in the Consolidated
Maintenance District so that each parcel will be assessed the same amount as other parcels
receiving a similar benefit.

All parcels within this area shall be assessed an amount not to exceed that established in
Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit C) per
parcel. In each subsequent year, annual assessments may increase by the cost of living
reflected in the Los Angeles-Riverside-Orange County/All Urban Consumers Consumer Price

S:\PROJECTS\MAINDIST\Formation Documents\Area 4\MD 4-164\PW DIRECTOR'S REPORT.docx


EXHIBIT 1
Index. However, parcels will not be assessed until park and/or street landscaping have been
installed. When park and/or street landscape improvements have been completed, the
appropriate park and street tier levels will be assigned, but in no case shall the assessments
exceed the amount established in Resolution No. 019-05 as escalated per the above
described Consumer Price Index.

All parcels as described in the Benefit Formula on file with the City Clerk within the area will
be affected. Sensory benefits from installing street landscaping are aesthetic enhancement
and open space enjoyment.

A public park will benefit all the residential lots and public median and street landscaping
will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis
throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached
hereto and incorporated in this resolution as though fully set forth herein.

NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield,
by virtue of the power vested in me and the order of the Council of said City, hereby submit
the Fiscal Year 2016-2017 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E,"
respectively, attached hereto and incorporated herein as though fully set forth, upon all
parcels of property within additional territory subject to be assessed to pay the cost of
maintenance and operation in said area.

Dated: _______________

NICK FIDLER
Director of Public Works
City of Bakersfield

S:\PROJECTS\MAINDIST\Formation Documents\Area 4\MD 4-164\PW DIRECTOR'S REPORT.docx


EXHIBIT 1
LEGAL DESCRIPTION

Area 4-164

An area located in Section 24, Township 29, Range 27 M.D.B. & M., more
particularly described as follows:

SPR 16-0187
1920 Golden State Hwy Bakersfield California

Containing: 5.6 Acres, more or less.

EXHIBIT A
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA

Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below:

Rate:
Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A
Consolidated Maintenance District Cost per Tier as approved by City Council Resolution 019-15. As per the Resolution, Said amounts
shall be increased annually by the cost of living increase reflected in the Los AngelesRiversideOrange County / All Urban Consumers
Consumer Price Index. Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are
established by the Recreation and Parks Department through separate policy.

Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel.

Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the
Recreation and Parks Department for the entire area of the Consolidated Maintenance District.

County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll.

Total Assessment $= ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee)

Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at
their current rate.

Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot.

On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on the maximum assessment. Any areas formed after
Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms.

A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs:

1. Bakersfield Municipal code 13.04.021:

It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map
Act and that benefit from landscaping in the public right-of-way and/or public parks. Nothing shall preclude the city from
requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general
plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city.

2. Bakersfield Municipal Code 13.04.022 (A):

No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance
district to provide for all future maintenance of any landscaping in the public right-of-way and of any public park required as a
condition of approval of the development project for the area covered by the final map or parcel map waiver.

3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a
Conditional Use Permit.

Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDUs may also be adjusted given special conditions or
agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by
their actual units on their site as per their plans, map, or current use.

Single Family Residential Parcels: 1 EDU per Parcel


Mobile Home Parks: 1 EDU per Space / Lot
Multifamily Residential Parcels: .71 EDU per Unit
(Commercial / Industrial / Mixed Use): 6 EDU per Acre

Undeveloped ground in its natural state will be assigned EDUs based on their zoning at max theoretical density as used by the City of
Bakersfield Planning Dept. Those densities are:

Zone EDUs per gross acre

R-1 4
R-2 17.42 (max.)
R-3 34.85 (max.)
R-4 72.6 (max.)
E 4.36
R-S 1.82
R-S-1A 1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
R-S-2.5A 0.4 Agricultural: 1 EDU per gross acre
R-S-5A 0.2
R-S-10A 0.1

EXHIBIT C
MAINTENANCE DISTRICT AREA 4-164

Said assessment is made in accordance with the benefit formula attached hereto.

2016-2017
BUDGET

Gross Budget Amount Required $0.00


(City Staff Services or Contract, Supplies, Materials and Utilities)

Estimated Beginning Fund Balance(Deficit) ** $0.00

Less: City Contributions $0.00

NET AMOUNT TO BE ASSESSED $0.00

** Previous Years Deficits No Longer Carried Forward.

EXHIBIT D
MAINTENANCE DISTRICT AREA 4-164

ASSESSMENT ROLL

FISCAL YEAR 2016-2017

Assessor's Tax No. Total amount to


be collected for
FY (2016-2017)

332-210-260-007 $0.00

1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
1 $0.00
Total $0.00

Date:

City Clerk and Ex Officio Clerk of the


Council of the City of Bakersfield

EXHIBIT E
ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Consent - Resolutions j.

TO: Honorable Mayor and City Council


FROM: Nick Fidler, Pubic Works Director
DATE: 2/7/2017
WARD: Ward 1
SUBJECT: Mount Vernon Green Waste Facility Operations:

1. Resolution determining that landscape spreading of wood


chips along freeway embankments cannot be obtained through the
usual bidding procedures because of the unavailability of more
than one local contractor, and authorizing the Finance Director to
dispense with bidding therefore, not to exceed $250,000 for FY
2016/17.
2. Amendment No. 1 to Agreement PW17-021 with J&M
Land Restoration, Inc (not to exceed $250,000) for applying City
furnished woodchips along the Westside Parkway.
3. Appropriate $250,000 Refuse Fund Balance to the Public Works
Department's operating budget within the Refuse Fund.

STAFF RECOMMENDATION:

Staff recommends adoption of Resolution, and approval of the Amendment and appropriation.
BACKGROUND:

For over 30 years, wood chips provided a source of renewable energy within California through a
network of biomass power plants. The City sold wood chip fuel to the local biomass plant in
Delano for 25 years, bringing in revenue of over $600,000 per year to offset the cost of grinding
wood chips at the Mt. Vernon Recycling Facility. The Delano plant also provided trucking, valued
at nearly $400,000 per year. However, the Delano plant closed in December of 2015, leaving
the City with no mass buyers or users of the wood chips. The closure of the Delano plant is
reflective of a shift in the renewable energies market, with a preference for solar power.
Concerted efforts to keep the biomass plants open have been made by several farm and
industry groups, legislators, and the Governors office. These efforts have had limited success
and as a result, it has become necessary for the City to find alternative methods to dispose of
the woodchips.

On February 15, 2017 the City Council approved a contract for K&I Hauling Services (K&I) to
haul woodchips to various outlets as they become available. One such outlet is the Westside
Parkway (WSP) embankment and shoulder areas. Application of a fresh layer of wood chips
over the old wood chips will provide an outlet for over 100 truckloads of excess wood chips while
improving the aesthetics of the WSP.

To efficiently apply wood chips along the WSP, a contractor using specialized equipment to
spread the wood chips is necessary in addition to the trucking contractor mentioned above.
Because of a lack of storage space for excess wood chips at the Green Waste Facility, the
City needed to expedite the removal of excess wood chips from the Facility; therefore,
the Public Works Department executed Department Agreement PW17-021 with J&M Land
Restoration, Inc. (J&M) on February 6, 2017 for initial wood chip spreading along the WSP. The
contract was limited to $40,000 and allowed the initial application of wood chips to a portion of
the WSP to begin while a larger project could be scoped for the remainder of the WSP. At the
time of executing Agreement PW17-021, J&M was the only responsive contractor that could
respond quickly, had the appropriate equipment and was capable of completing this type of
work.

Since execution of Agreement PW17-021, staff has continued to scope the remainder of the
wood chip application project and reach out to other potential contractors for bidding the work.
However, J&M continues to be the only local contractor equipped for such work on freeway
embankments. Other firms in Southern California have stated they cannot do the work with the
type of wood chips currently produced by the Green Waste Facility. Therefore, because of the
need to continue with expediting the removal of the excess wood chips from the Green Waste
Facility by applying them to the WSP, staff recommends dispensing with the normal bidding
process and approving the Amendment pursuant to Bakersfield Municipal Code Section
3.20.060.D.2 for local contracting.

Approximately 55% of the cost for this Amendment will be covered by Kern County in
accordance with the Green Waste Cost Share Agreement. There is no General Fund impact
associated with this Amendment.

ATTACHMENTS:
Description Type
Resolution Resolution
AMENDMENT Agreement
Exhibit Exhibit
ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Consent - Agreements k.

TO: Honorable Mayor and City Council


FROM: David Lyman, Manager Visit Bakersfield
DATE: 2/2/2017
WARD: Ward 2
SUBJECT: Reimbursement Agreement with AEG Management Bakersfield, LLC
(not to exceed $70,000) for the reimbursement of costs associated with
renting the Rabobank Arena for the Christian Congregation of Jehovahs
Witnesses conventions.

STAFF RECOMMENDATION:

Staff recommends approval of Agreement.


BACKGROUND:

On November 16, 2016, the City and the Greater Bakersfield Convention and Visitors Bureau
(CVB) entered into Agreement No. 16-251 regarding the management of the CVB and the
marketing of Bakersfield as a destination center for conventions, sporting and other events
including individual/group travel and tourism. CVB is now known as Visit Bakersfield.

Over the past several years, Visit Bakersfield has provided incentives to various organizations to
hold their events in Bakersfield in order to ultimately generate more sales tax and Transient
Occupancy Tax (TOT) revenues and to market the benefits and advantages of the City as a
destination center for holding conventions. For the past 21 years Visit Bakersfield has
contributed to the cost of renting Rabobank Arena on behalf of the Jehovahs Witnesses
Congregation (JWC).

In 2016 the JWC put on seven weekend events during the summer and Visit Bakersfield
contributed $10,000 rental reimbursement to each of the seven events. The Bakersfield
conventions have drawn a total in excess of 32,000 attendees with an estimated TOT in excess
of $100,000 and economic impact in excess of $1,000,000.

The JWC desires to continue to hold its convention in Bakersfield and the City is requesting to
continue the contribution of the costs associated with the rental of Rabobank Arena. Upon
receipt of the invoices, the City, on behalf of the JWC, shall pay AEG $10,000 for rental
reimbursement for each weekend event scheduled to occur between July and August 2017.
Planned dates for the 2017 conventions are July 7-9; July 21-23; July 28-30; August 4-6; August
11-13; August 17-29; August 25-27.

This agreement incorporates the mutual indemnities between AEG and the City found in the
Facilities Management Agreement and expands AEGs indemnity obligation to Visit Bakersfield
for purposes of this agreement. The Visit Bakersfield Board of Directors unanimously approved
the contribution agreement during its February 15, 2017 meeting. No General Fund dollars are
utilized for the purposes of the rental reimbursements.

ATTACHMENTS:
Description Type
Agreement 2017 Agreement
AGREEMENT NO. _______________

REIMBURSEMENT AGREEMENT BETWEEN


THE CITY OF BAKERSFIELD
AND AEG MANAGEMENT BAKERSFIELD, LLC

THIS AGREEMENT is made and entered into on , by and


between the CITY OF BAKERSFIELD, a municipal corporation, (CITY herein), and
AEG MANAGEMENT BAKERSFIELD, LLC, a limited liability company authorized to
do business in the State of California (AEG herein).
RECITALS

WHEREAS, on August 29, 2007, CITY and the Greater Bakersfield


Convention and Visitors Bureau (CVB) entered into Agreement No. 07-314
(the Agreement) regarding the management of the CVB and the marketing
of Bakersfield as a destination center for conventions, sporting and other events
and individual/group travel and tourism; and

WHEREAS, CITY owns Rabobank Arena, Theater, and Convention Center


available for organizations and groups wishing to hold conventions; and

WHEREAS, the Rabobank Arena, Theater, and Convention Center is


managed by AEG; and

WHEREAS, CITY and CVB wish to publicize the benefits and advantages of
CITY as a destination center for holding conventions; and

WHEREAS, CITY and CVB have a common goal to generate more sales tax
and Transient Occupancy Tax; and

WHEREAS, the CVB has provided incentives to various organizations to


hold their events in the City of Bakersfield; and

WHEREAS, the Christian Congregation of Jehovahs Witnesses, operating


as the Jehovahs Witnesses Congregation, (referred to herein as JWC) is a
non-profit organization that has held its annual convention during the summer
months in Bakersfield for the past 21 years; and

WHEREAS, the CVB has paid for a portion of the costs of renting the
Rabobank Arena, Theater and Convention Center on behalf of the JWC for the
past 21 years; and

WHEREAS, it is the desire of CITY and JWC to have this Agreement in order
to continue to have the JWC hold its convention in Bakersfield.

1
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and AEG
mutually agree as follows:

1. SCOPE OF WORK. The scope of work is described as: JWC will be


hosting gatherings consistent with JWCs objectives and practices (hereinafter
events) at Rabobank Arena, Theater and Convention Center on the dates
listed herein in Exhibit A. The purpose of these events is to attract Jehovahs
Witnesses to Bakersfield from throughout the state. Following each weekend
event, AEG will send an invoice to City. Upon receipt of each individual invoice,
CITY will pay $10,000 of the building rental cost for the event directly to AEG on
behalf of JWC.

2. COMPENSATION. CITY shall pay AEG, with a check made payable


to Rabobank Arena Operating Fund on behalf of JWC under this agreement as
follows: In an aggregate sum not to exceed Seventy Thousand Dollars ($70,000),
this figure representing Ten Thousand Dollars ($10,000) per three day event. This
compensation shall be the total compensation for the building rental cost for
the events, including out-of-pocket costs. CITY shall pay no other compensation
to JWC or AEG.

3. PAYMENT PROCEDURE. AEG shall prepare an itemized invoice for


the building rental costs per event. Each invoice shall be forwarded to CITY and
CITY shall pay AEG, with a check made payable to Rabobank Arena Operating
Fund on behalf of JWC within 30 days after approval of said invoice.

4. INDEMNITY. CITY and AEG shall indemnify each other as provided in


the Facilities Management Agreement (Agreement No. 13-038); provided,
however, that AEGs indemnity obligations under Section 9 of the Facilities
Management Agreement will extend to CVB as well for purposes of the JWC
events contemplated hereunder.

5. TERMINATION. This Agreement may be terminated by any party


upon ten (10) days written notice, served by mail or personal service, to all other
parties.

6. COMPLIANCE WITH ALL LAWS. AEG shall, at AEG's sole cost, comply
with all of the requirements of Municipal, State, and Federal authorities now in
force, or which may hereafter be in force, pertaining to this Agreement, and
shall faithfully observe in all activities relating to or growing out of this Agreement
all Municipal ordinances and State and Federal statutes, rules or regulations,
and permitting requirements now in force or which may hereafter be in force
including, without limitation, obtaining a City of Bakersfield business tax
certificate (Bakersfield Municipal Code Chapter 5.02) where required.

2
7. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1
applies to this Agreement, a contractor or subcontractor shall not be qualified
to bid on, be listed in a bid proposal, be subject to the requirements of Section
4104 of the Public Contract Code, or engage in the performance of any
contract for public work, as defined in this chapter, unless currently registered
and qualified to perform public work pursuant to Section 1725.5. It is not a
violation of Labor Code Section 1771.1 for an unregistered contractor to submit
a bid that is authorized by Section 7029.1 of the Business and Professions Code or
by Section 10164 or 20103.5 of the Public Contract Code, provided the
contractor is registered to perform public work pursuant to Section 1725.5 at the
time the contract is awarded. The prime contractor is required to post job site
notices in compliance with Title 8 California Code of Regulations Section 16451.
This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations.

8. EXECUTION. This Agreement is effective upon execution. It is the


product of negotiation and all parties are equally responsible for authorship of
this Agreement. Section 1654 of the California Civil Code shall not apply to the
interpretation of this Agreement.

9. NOTICES. All notices relative to this Agreement shall be given in


writing and shall be personally served or sent by certified or registered mail and
be effective upon actual personal service or depositing in the United States
mail. The parties shall be addressed as follows, or at any other address
designated by notice:

CITY: City Clerk's Office


City of Bakersfield
City Hall North
1600 Truxtun Avenue
Bakersfield, CA 93301
Telephone: (661) 326-3767
Facsimile: (661) 323-3780

AEG: AEG
Attention: Steve Eckerson
Rabobank Arena, Theater and Convention Center
1001 Truxtun Avenue
Bakersfield, CA 93301
Telephone: (661) 852-7300
Facsimile: (661) 861-9904

3
10. GOVERNING LAW. The laws of the State of California will govern
the validity of this Agreement, its interpretation and performance. Any litigation
arising in any way from this Agreement shall be brought in Kern County,
California.

11. FURTHER ASSURANCES. Each party shall execute and deliver such
papers, documents, and instruments, and perform such acts as are necessary or
appropriate, to implement the terms of this Agreement and the intent of the
parties to this Agreement.

12. ASSIGNMENT. Neither this Agreement nor any rights, interests,


duties, liabilities, obligations or responsibilities arising out of, concerning or
related in any way to this Agreement (including, but not limited to, accounts,
actions, causes of action, claims, damages, demands, liabilities, losses,
obligations, or reckonings of any kind or nature whatsoever, for compensatory or
exemplary and punitive damages, or declaratory, equitable or injunctive relief,
whether based on contract, equity, tort or other theories of recovery provided
for by the common or statutory law) may be assigned or transferred by any
party. Any such assignment is prohibited, and shall be unenforceable and
otherwise null and void without the need for further action by the non-assigning
party or parties.

13. BINDING EFFECT. The rights and obligations of this Agreement shall
inure to the benefit of, and be binding upon, the parties to the contract and
their heirs, administrators, executors, personal representatives, successors and
assigns, and whenever the context so requires, the masculine gender includes
the feminine and neuter, and the singular number includes the plural. This
Agreement may be executed in any number of counterparts, each of which
shall be considered as an original and be effective as such.

14. ACCOUNTING RECORDS. AEG shall maintain accurate accounting


records and other written documentation pertaining to all costs incurred in
performance of this Agreement. Such records and documentation shall be kept
at AEG's office during the term of this Agreement, and for a period of three
years from the date of the final payment hereunder, and said records shall be
made available to CITY representatives upon request at any time during regular
business hours.

15. CORPORATE AUTHORITY. Each individual signing this Agreement on


behalf of entities represent and warrant that they are, respectively, duly
authorized to sign on behalf of the entities and to bind the entities fully to each
and all of the obligations set forth in this Agreement.

4
16. TAX NUMBERS.

CONTRACTOR's Federal Tax ID Number


CONTRACTOR is a corporation? Yes No
(Please check one.)

17. NON-INTEREST. No officer or employee of the CITY shall hold any


interest in this Agreement (California Government Code section 1090).

18. RESOURCE ALLOCATION. All obligations of CITY under the terms of


this Agreement are subject to the appropriation and allocation of resources by
the City Council.

5
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed the day and year first above-written.

CITY OF BAKERSFIELD ("CITY") AEG

By: By:
KAREN GOH STEVE ECKERSON
Mayor General Manager

APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney

By:
ANDREW HEGLUND
Deputy City Attorney

COUNTERSIGNED:

By:
CHRIS HUOT
Assistant City Manager

COUNTERSIGNED:

By:
NELSON SMITH
Finance Director Insurance___________

6
EXHIBIT A

2017 Tentative Dates

1. July 7 through July 9


2. July 21 through July 23
3. July 28 through July 30
4. August 4 through August 6
5. August 11 through August 13
6. August 18 through August 20
7. August 25 through August 27

7
ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Consent - Agreements l.

TO: Honorable Mayor and City Council


FROM: Nick Fidler, Public Works Director
DATE: 2/15/2017
WARD: Ward 3
SUBJECT: Fire Station No. 8 Rehabilitation:

1. Amendment No. 2 to Agreement No. 15-146 with RRM Design


Group (increase compensation by $20,000; revised not to exceed
$135,700) to provide Construction Support Services for the Fire
Station 8 Remodel Project.
2. Appropriate $20,000 in Capital Outlay Fund Balance to the Public
Works Department Capital Improvement Budget within the Capital
Outlay Fund.

STAFF RECOMMENDATION:

Staff recommends approval of Amendment


BACKGROUND:

In June 2015, the City Council approved Agreement No. 15-146 with RRM Design Group (RRM)
to finish the design and provide bidding and construction support services for the Fire Station 8
Remodel Project. At the same time, the construction contract for this project was awarded to
Klassen Corporation. Fire Station 8 required significant rehabilitation because of ongoing issues
with the electrical, plumbing, roofing, heating and air conditioning systems. Constructed in 1949,
many of the systems were determined to be antiquated or non-operational and in need of
significant upgrades and/or complete replacement.

Fire Station 8 was anticipated to be completed in Fall 2016. However, due to various delays, the
contractor has not yet completed the project and thus the City entered into Amendment No. 1
with RRM to extend the time as well as the term of the Agreement with them for their support
services during construction. The time of completion was extended to March 31, 2017 and the
term of the Agreement was extended by one year to December 31, 2017. No compensation
increase was recommended at the time Amendment No. 1 was executed because the belief was
the project could be completed within the amount of the compensation originally approved in
Agreement No. 15-146, which was $115,700.

Fire Station 8 is now nearing the final stages of project completion as the building contractor is
finalizing the completion of punch list items. However, due to delays associated with the
contractor completing the punch list items, the need for additional field meetings with RRM, and
various construction delays, RRMs compensation under Agreement No. 15-146 has been
exhausted. RRM now estimates that they will need an additional $20,000 to complete their
services for the project. Staff proposes to increase RRM's compensation by $20,000 with a
new, revised not-to-exceed amount of $135,700. Staff believes this amount will be adequate for
the completion of RRM's services for the project.

Staff recommends approval of the proposed amendment which will allow RRM to provide
construction support services through project completion. An appropriation of $20,000 is also
requested to fund the amendment, however it is anticipated that the cost for this amendment will
be recovered from liquidated damages charged to the project contractor at the conclusion of the
project. Capital Outlay Funds provide the funding source for this amendment and appropriation.

ATTACHMENTS:
Description Type
Amendment No. 2 to Agreement No. 15-146 Agreement
AGREEMENT NO.

AMENDMENT NO. TWO TO


AGREEMENT NO. 15-146

THIS AMENDMENT NO. TWO TO AGREEMENT NO. 15-146 is made and


entered into on ________________, by and between the CITY OF BAKERSFIELD, a
charter city and a municipal corporation (referred to herein as CITY), and RRM
DESIGN GROUP, a California corporation (referred to herein as DESIGN
CONSULTANT).
RECITALS

WHEREAS, on June 3, 2015, CITY and DESIGN CONSULTANT entered into


Agreement No. 15-146, wherein DESIGN CONSULTANT agreed to provide
bidding and construction support services for Fire Station 8 Remodel; and

WHEREAS, on December 14, 2016, CITY and DESIGN CONSULTANT entered


into Amendment No. 1 to Agreement No. 15-146, wherein CITY and DESIGN
CONSULTANT agreed that the Agreement should be further amended to extend
the TERM for providing bidding and construction support services for Fire Station
8 Remodel; and

WHEREAS, CITY and DESIGN CONSULTANT desire to increase the


COMPENSATION amount by $20,000 for Agreement No 15-146.

NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and


DESIGN CONSULTANT mutually agree to amend Agreement No. 15-146 as
follows:

1. Section 2 of Agreement No. 15-146 entitled


COMPENSATION is hereby amended to read as follows:

2. COMPENSATION. Compensation for all work,


services or products called for under this Agreement
shall consist of a total payment of One Hundred and
Thirty Five Thousand and Seven Hundred Dollars
($135,700) which shall be paid as follows:
Bidding Assistance (T&M, not-to-exceed): $14,400.00
Construction Administration (T&M, not-to-exceed): $111,300.00
Estimated Reimbursable Expenses (T&M, not-to-exceed): $10,000.00
TOTAL $135,700.00

____________________________________________________
AMENDMENT TO AGREEMENT
S:\PROJECTS\2012-2013\P3H103 Fire Station 8\Construction Support\RRM\Amendment No.2 to 15-146.doc
- January 3, 2006
-- Page 1 of 2 Pages --
2. Except as amended herein, all other provisions of Agreement No.
15-146 shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment


No. Two to Agreement No. 15-146 to be executed the day and year first above
written.

CITY DESIGN CONSULTANT


CITY OF BAKERSFIELD RRM DESIGN GROUP

By:____________________________ By:_____________________________
KAREN GOH
Mayor Title:

APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT

By:____________________________
NICK FIDLER
Public Works Director

APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney

By:____________________________
ANDREW HEGLUND
Deputy City Attorney II

Insurance: __________

COUNTERSIGNED:

By:____________________________
NELSON SMITH
Finance Director

____________________________________________________
AMENDMENT TO AGREEMENT
S:\PROJECTS\2012-2013\P3H103 Fire Station 8\Construction Support\RRM\Amendment No.2 to 15-146.doc
- January 3, 2006
-- Page 2 of 2 Pages --
ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Consent - Agreements m.

TO: Honorable Mayor and City Council


FROM: Virginia Gennaro, City Attorney
DATE: 2/24/2017
WARD:
SUBJECT: Amendment No. 2 to Agreement No. 16-126 with Clifford & Brown
($500,000) to provide outside legal services in the matter of Kiaie v. City
of Bakersfield.

STAFF RECOMMENDATION:

Staff recommends approval of the amendment to the Agreement.


BACKGROUND:

On February 5, 2016, the City entered into Agreement No. CA16-003 with Clifford & Brown for
legal representation in the matter of Kiaie v. City of Bakersfield, KCSC case number S-1500-
CV-283432-SPC.

Agreement No. CA16-003 was amended on June 29, 2016 for an additional $60,000
in compensation at which time the Agreement became known as Agreement number 16-126.

On November 2, 2016, Agreement No. 16-126 was amended for additional compensation in the
amount of $50,000.

As Council is aware, this case involves a plaintiff with significant injuries and a variety of legal
issues. It is currently being handled by Clifford & Brown on a reduced hourly basis and is set for
trial on March 6th.

At this time, the City Attorneys Office requests that we amend the contract to add additional
compensation in the amount of $500,000. This Amendment No. 2 to Agreement No. 16-126(1)
will result in a total Not to Exceed amount of $650,000 in order for outside counsel to continue
representation. Monies have been reserved for this expenditure.

ATTACHMENTS:
Description Type
Amendment No. 2 to Agreement No. 16-126(1) with Agreement
Clifford & Brown
AGREEMENT NO. 16-126(2)

AMENDMENT NUMBER TWO (2) TO


ATTORNEY RETAINER AGREEMENT NO. 16-126

THIS AMENDMENT NUMBER ONE TO AGREEMENT NO. 16-126 is made and


entered into on __________________, by and between the CITY OF BAKERSFIELD, a
chartered municipal corporation (referred to herein as "CITY"), and CLIFFORD &
BROWN (referred to herein as "ATTORNEY").

R E C I T A L S

WHEREAS, CITY and ATTORNEY entered into Agreement for Legal Services
No. CA16-003 on February 5, 2016, for legal services not to exceed $40,000 in the
matter of:

EMMA KIAIE, a minor, by and through her Guardian ad Litem, MISTY FRANKLIN v.
JERRY DAVID HUBBLE, COUNTY OF KERN, a Governmental entity, CITY OF
BAKERSFIELD, a Governmental entity, KERN HIGH SCHOOL DISTRICT, a
Governmental entity, NORTH OF THE RIVER, a Governmental entity, and DOES 1
through 50,inclusive
Kern County Superior Court Case No. S-1500-CV-283432-SPC

WHEREAS, CITY and ATTORNEY amended Agreement for Legal Services


No. CA16-003 on June 29, 2016 for additional compensation in the amount of
$60,000; which said Agreement became known as Agreement No. 16-126; and

WHEREAS, CITY and ATTORNEY amended Agreement for Legal Services


No. 16-126 on November 2, 2016 for additional compensation in the amount of
$50,000; which said Agreement became known as Agreement No. 16-126(1);
and

WHEREAS, additional monies are needed to continue with outside legal


services in connection with this matter;

Page 1 of 3
WHEREAS, CITY and ATTORNEY desire to amend Agreement No. 16-126(1)
to increase the amount of compensation to ATTORNEY by the sum of Five
Hundred Thousand Dollars ($500,000) for a total not to exceed of Six Hundred
Fifty Thousand Dollars ($650,000) for this action.

NOW, THEREFORE, incorporating the foregoing recitals herein, the parties


agree as follows:

1. Paragraph 2 of Agreement for Legal Services No. CA16-003 dated


February 5, 2016, is hereby amended in its entirety to read as follows:

2. COMPENSATION TO ATTORNEY. Compensation


for all work, services or products called for under this
Agreement shall be paid as follows: City shall
compensate ATTORNEY for all services performed by
ATTORNEY on an hourly basis in an amount of One
Hundred Eighty-Five Dollars ($185) per hour. In no
event shall this Agreement exceed the total amount of
Six Hundred Fifty Thousand Dollars ($650,000).
ATTORNEY shall not engage in any services above or
beyond this amount and CITY shall not be obligated to
pay ATTORNEY for excess work, services or products
beyond this amount. CITY shall pay ATTORNEY thirty
(30) days after receipt and approval of billing. CITY
shall pay no finance charge to ATTORNEY. The
compensation set forth in this section shall be the total
compensation under this Agreement, excluding out-of-
pocket costs. Prior to payment all bills shall be
reviewed and approved by the City Attorney or his/her
designee.

2. EFFECT OF THIS AMENDMENT. Except as amended in this


Agreement, all of the provisions of Agreement for Legal Services No. CA16-003,
dated February 5, 2016, shall remain in full force and effect.

Page 2 of 3
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the
day and year first above written.

CITY OF BAKERSFIELD ("CITY") CLIFFORD & BROWN ("ATTORNEY")

By: By:_____________________________
HARVEY L. HALL MICHAEL L. ODELL
Mayor Partner

APPROVED AS TO FORM:
VIRGINIA GENNARO
City ATTORNEY

By:____________________________
VIRGINIA GENNARO
City Attorney

Insurance: ________

COUNTERSIGNED:

By:____________________________
NELSON SMITH
Finance Director

VG:ac

Page 3 of 3
ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Consent - Agreements n.

TO: Honorable Mayor and City Council


FROM: Nelson K. Smith, Finance Director
DATE: 2/23/2017
WARD:
SUBJECT: Amendment No. 1 to Agreement No. 16-035 with Ferguson Enterprises
Inc. (extend term one year) for the continued supply of fire hydrants.

STAFF RECOMMENDATION:

Staff recommends approval of amendment.


BACKGROUND:

On March 2, 2016, Council approved the contract for supply of fire hydrants with Ferguson
Enterprises Inc., for a one year period; renewable annually thereafter for four consecutive one-
year periods.

Currently there is $43,000 available on this contract; additional funds are not required at this
time. If approved, Amendment No. 1 would extend the term one year. Funds are budgeted in
the Water Resources operating budget for this contract.

Approval of this Amendment will allow the City to continue to meet the demand for fire hydrants.

ATTACHMENTS:
Description Type
Amend. No. 1 AGMT 16-035 Ferguson Ent. Inc. Agreement
AGREEMENT NO. 16-035 (1)

AMENDMENT NO. [1] TO


AGREEMENT NO. 16-035

THIS AMENDMENT NO. 1 TO AGREEMENT NO. 16-035 is made and entered


into on _____________________, by and between the CITY OF BAKERSFIELD, a
municipal corporation (referred to herein as CITY), and FERGUSON ENTERPRISES
(referred to herein as CONTRACTOR).

RECITALS

WHEREAS, on the March 2, 2016, the CITY and CONTRACTOR have


entered into Agreement No. 16-035; and

WHEREAS, the parties desire to amend Agreement No. 16-035 to extend


the agreement term one year; to allow continuance of providing fire hydrants;
and

WHEREAS, CITY and CONTRACTOR have agreed to extend the agreement


one; to allow continuance of providing fire hydrants; and

NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and


CONTRACTOR mutually agree as follows:

1. Section 12 of Agreement No. 16-035 entitled TERM is hereby


amended to read as follows:

12. TERM. Unless terminated sooner, as set forth herein,


CONTRACTOR shall provide services for an additional one (1) year term. The
agreement shall be renewable for three consecutive one-year periods at the
Citys option and upon mutually agreeable terms.

2. Except as amended herein, all provisions of Agreement No. 16-035 shall


remain in full force and effect.
-- o0o

IN WITNESS WHEREOF, the parties hereto have caused this Amendment


No. 1 to Agreement No. 16-035 to be executed the day and year first above
written.

-- Page 1 of 2 Pages --
CITY CONTRACTOR

CITY OF BAKERSFIELD FERGUSON ENTERPRISES

By:____________________________ By:_________________________________
KAREN GOH
Mayor Print Name: ________________________

Title:_______________________________

APPROVED AS TO CONTENT:
FINANCE DEPARTMENT

By:____________________________
SANDRA JIMENEZ
Assistant Finance Director

APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney

By:____________________________
JOSHUA H. RUDNICK
Deputy City Attorney

COUNTERSIGNED:

By:____________________________
NELSON SMITH Insurance Approved by
Finance Director
Risk Management: ________________

-- Page 2 of 2 Pages --
ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Consent - Agreements o.

TO: Honorable Mayor and City Council


FROM: Nelson K. Smith, Finance Director
DATE: 2/23/2017
WARD:
SUBJECT: Amendment No. 1 to Agreement No. 16-036 with Gilliam & Sons Inc.
(extend term one year) for the continued service of earthmoving and
hauling.

STAFF RECOMMENDATION:

Staff recommends approval of amendment.


BACKGROUND:

On March 2, 2016, Council approved the contract for earthmoving and hauling with Gilliam &
Sons Inc., for a one year period; renewable annually thereafter for four consecutive one-year
periods.

Currently there is $2,700,000 available on this contract. If approved, Amendment No. 1 would
extend the term one year; no additional funding is required at this time. Funds are budgeted in a
variety of sources including General Fund, Refuse, Sewer, Water, Capital Outlay, and Park
Improvement Funds department budgets.

Approval of this amendment will allow the City to continue to meet the demand for earthmoving
and hauling.

ATTACHMENTS:
Description Type
Amend. No. 1 to AGMT 16-036 Gilliam and Sons Inc Agreement
AGREEMENT NO. 16-036 (1)

AMENDMENT NO. [1] TO


AGREEMENT NO. 16-036

THIS AMENDMENT NO. 1 TO AGREEMENT NO. 16-036 is made and entered


into on _____________________, by and between the CITY OF BAKERSFIELD, a
municipal corporation (referred to herein as CITY), and GILLIAM AND SONS,
INCORPORATED (referred to herein as CONTRACTOR).

RECITALS

WHEREAS, on the March 2, 2016, the CITY and CONTRACTOR have


entered into Agreement No. 16-036; and

WHEREAS, the parties desire to amend Agreement No. 16-036 to extend


the agreement term one year; to allow continuance of providing earthmoving
and hauling; and

WHEREAS, CITY and CONTRACTOR have agreed to extend the agreement


one; to allow continuance of providing earthmoving and hauling; and

NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and


CONTRACTOR mutually agree as follows:

1. Section 12 of Agreement No. 16-036 entitled TERM is hereby


amended to read as follows:

12. TERM. Unless terminated sooner, as set forth herein,


CONTRACTOR shall provide services for an additional one (1) year term. The
agreement shall be renewable for three consecutive one-year periods at the
Citys option and upon mutually agreeable terms.

2. Except as amended herein, all provisions of Agreement No. 16-036 shall


remain in full force and effect.
-- o0o

IN WITNESS WHEREOF, the parties hereto have caused this Amendment


No. 1 to Agreement No. 16-036 to be executed the day and year first above
written.

-- Page 1 of 2 Pages --
CITY CONTRACTOR

CITY OF BAKERSFIELD GILLIAM AND SONS, INCORPORATED

By:____________________________ By:_________________________________
KAREN GOH
Mayor Print Name: ________________________

Title:_______________________________

APPROVED AS TO CONTENT:
FINANCE DEPARTMENT

By:____________________________
SANDRA JIMENEZ
Assistant Finance Director

APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney

By:____________________________
JOSHUA H. RUDNICK
Deputy City Attorney

COUNTERSIGNED:

By:____________________________
NELSON SMITH Insurance Approved by
Finance Director
Risk Management: ________________

-- Page 2 of 2 Pages --
ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Consent - Agreements p.

TO: Honorable Mayor and City Council


FROM: Nelson K. Smith, Finance Director
DATE: 2/23/2017
WARD:
SUBJECT: Amendment No. 1 to Agreement No. 16-063 with Amber Chemical Inc.
($50,000 and extend term one year) for the continued supply of pool
chemicals.

STAFF RECOMMENDATION:

Staff recommends approval of amendment.


BACKGROUND:

On March 30, 2016, Council approved the contract for supply of pool chemicals with Amber
Chemical Inc., for a one year period renewable annually thereafter for four consecutive one-year
periods.

Currently there is $7,500 available on this contract. If approved Amendment No. 1 would extend
the term one year and increase compensation $50,000, for a revised not to exceed amount of
$90,696.49. Funds are budgeted in the Recreation and Parks Department's operating budget
for this contract.

Approval of this amendment will allow the City to continue to meet the demand for pool
chemicals.

ATTACHMENTS:
Description Type
Amend. No. 1 to AGMT 16-063 Amber Chemical Agreement
AGREEMENT NO. 16-063 (1)

AMENDMENT NO. [1] TO


AGREEMENT NO. 16-063

THIS AMENDMENT NO. 1 TO AGREEMENT NO. 16-063 is made and entered


into on _____________________, by and between the City of Bakersfield, a
municipal corporation (referred to herein as CITY), and Amber Chemical, Inc.
(referred to herein as CONTRACTOR).

RECITALS

WHEREAS, on the February 10, 2016, the CITY and CONTRACTOR have
entered into Agreement No. 16-063; and

WHEREAS, the parties desire to amend Agreement No. 16-063 to extend


the agreement term one year and increase compensation $50,000; to allow
continuance of suppling Pool chemicals; and

NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and


CONTRACTOR mutually agree as follows:

1. Section 2 of Agreement No. 16-063 entitled COMPENSATION is


hereby amended to read as follows:

2. COMPENSATION. Compensation for all work, services or


products called for under this Agreement shall consist of a total payment NOT
TO EXCEED NINETY THOUSAND SIX HUNDRED NINETY-SIX & 49/100S DOLLARS
($90,696.49) in accordance with the bid documents.

The compensation set forth in this section shall be the total compensation under
this Agreement including, but not limited to, all out-of-pocket costs and taxes.
CITY shall pay only the compensation listed unless otherwise agreed to in writing
by the parties.

2. Section 12 of Agreement No. 16-063 entitled TERM is hereby


amended to read as follows:

12. TERM. Unless terminated sooner, as set forth herein,


CONTRACTOR shall provide services for an additional one (1) year term. The
agreement shall be renewable for three consecutive one-year periods at the
Citys option and upon mutually agreeable terms.

-- Page 1 of 3 Pages --
3. Except as amended herein, all provisions of Agreement No. 16-063 shall
remain in full force and effect.
-- o0o

IN WITNESS WHEREOF, the parties hereto have caused this Amendment


No. 1 to Agreement No. 16-063 to be executed the day and year first above
written.

CITY CONTRACTOR

CITY OF BAKERSFIELD AMBER CHEMICAL, INC.

By:____________________________ By:_________________________________
KAREN GOH
Mayor Print Name: ________________________

Title:_______________________________

APPROVED AS TO CONTENT:
FINANCE DEPARTMENT

By:____________________________
SANDRA JIMENEZ
Assistant Finance Director

APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney

By:____________________________
JOSHUA H. RUDNICK
Deputy City Attorney

-- Page 2 of 3 Pages --
COUNTERSIGNED:

By:____________________________
NELSON SMITH Insurance Approved by
Finance Director
Risk Management: ________________

-- Page 3 of 3 Pages --
ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Consent - Agreements q.

TO: Honorable Mayor and City Council


FROM: Nick Fidler, Public Works Director
DATE: 2/17/2017
WARD: Ward 6
SUBJECT: Change Order No. 1 to Agreement No. 16-141 with Pacific Aquascapes,
($40,184.54; revised not to exceed $336,053.54) for the construction of
the State Farm Sports Village Phase III - Lake Improvements Project.

STAFF RECOMMENDATION:

Staff recommends approval of contract change order.


BACKGROUND:

This project consists of the final improvements for the new lake at Sports Village. This includes
the installation of a 30 mil PVC liner, installation of a non-woven geotextile layer, backfilling the
new liner with sand, installation of an aeration fountain, retaining wall construction and new piping
to connect the two lakes.

During construction, it was found that the lake needed to be over-excavated an additional one
foot both on the lake bottom and the slopes in order to install the new lake liner at the proper
depth. This required the Contractor to remove and stockpile this material, regrade the lake and
install the new liner and then backfill the area with the previously removed material. Some savings
were realized from not having to haul fill material in from across the project site, and this savings
partially offset the cost of the additional excavation and regarding. The Contractor has agreed to
accept a sum of $37,831.26 for this work.

While installing the piping for the aeration system, the project Engineer determined that air relief
and balancing valves need to be installed in order to prevent damage to the piping for the lake
aeration fountains. This piping was not on the approved project plans and the Contractor has
agreed to install these valves for a sum of $1,249.28.

During Construction, the Parks Department and project Engineer determined that the stone
surface treatment to be installed on the lakes concrete outlook structures should match the stone
installed at other Parks of recent construction. The Contractor has agreed to accept a sum of
$1,104.00 to provide this upgraded select stone material.
The total cost increase of Contract Change Order No. 1 is $40,184.54. This is the final change
order for this project and reflects a total cost increase of $40,184.54 (resulting in a 13.6%
increase of the original contract amount) as illustrated below:

Original Contract Amount = $295,869.00


Amended Contract Agreement after Change Orders = $336,053.54
Net Increase to date = $ 40,184.54

This project is funded by Park Development Fees. Therefore, there is no General Fund impact
associated with this project.

ATTACHMENTS:
Description Type
CCO No. 1 Sports Village Ph III Lake Improvements Agreement
COPY DISTRIBUTION:
ORIGINAL-CITY CLERK, WHITE-CONTRACTOR, BLUE-CONSTRUCTION, GREEN-CONTRACTOR'S INFO, YELLOW-CALTRANS, PINK ENGR., GOLD-PURCHASING

CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT

CONTRACT NO. 16-141 CHANGE ORDER NO. 1 P. O. NO. 164537

PROJECT: State Farm Sports Village Ph. III SHEET 1 OF 1


Lake Improvements

CONTRACTOR: Pacific Aquascapes N/A


ADDRESS: 17520 Newhope Street, Suite 120 FEDERAL NO. (S)
Fountain Valley, California 92708

YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS
OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT.
NOTE: This change order is not effective until approved by City Council or City Engineer
Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account.
Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.

CHANGE REQUESTED BY: R. Voyles SUBMITTED BY: R. Voyles DATE: 2/14/2017


Construction Superintendent Construction Superintendent

EXTRA WORK AT AGREED LUMP SUM PRICE

Remove and replace 1' of excess material from lake bottom in order to
install the lake liner at the designed depth. = $37,831.26

Add auto air relief and balancing valves to the fountain main line. = $1,249.28

Additional cost for select wall stone for the outlook structures. = $1,104.00
$40,184.54

Contractor has agreed to accept a lump sum price of $40,184.54 as full compensation,
including all mark-ups, for performing the above mentioned work.

ESTIMATED COST:
ACCOUNT NO (S) 321-5021-832-8041-P4C131

INCREASE $40,184.54
DECREASE

By reason of this order the time of City Council Approval Required YES x
completion will be adjusted as follows: NONE NO

Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield

Approval Recommended: City Engineer Mayor

Countersigned: Finance Director Date

We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all
equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as
full payment therefor the prices shown above.

Accepted, Date: Contractor: Title:


ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Consent - Agreements r.

TO: Honorable Mayor and City Council


FROM: Nick Fidler, Public Works Director
DATE: 2/17/2017
WARD: Ward(s) 3, 4
SUBJECT: Rosedale Highway Widening Project (TRIP):

1. Contract Change Order Nos. 100 and 102 to Agreement No. 15-
009 with Teichert Construction ($28,422.96; revised not to exceed
$19,124,157.71; Change Orders funded with Gas Tax Funds) for
construction of said project.
2. Transfer $30,000 savings from the PG&E Tower Relocation on
Westside Parkway Project to the Rosedale Highway Widening
Project to fund change orders.

STAFF RECOMMENDATION:

Staff recommends approval of contract change orders and transfer.


BACKGROUND:

The Rosedale Highway Widening Project includes the construction of two additional lanes (one
in each direction) along State Route 58 (Rosedale Highway) from Calloway Drive to 700-feet
east of Gibson Street. The project also includes the installation of a 16-inch water main pipeline
extension from Mohawk Street to Wedding Lane along the south side of Rosedale Highway. The
portion of Rosedale Highway from the east project limits, near Gibson Street, west to Mohawk
Street is within Caltrans right-of-way. The portion of Rosedale Highway from Mohawk Street to
the west project limits at Calloway Drive is within City and Kern County right-of-way.

Contract Change Order No. 100 provides for the grading, forming and placing of approximately
100 linear feet of concrete retaining curb around the railroad crossing gate equipment. The
Railroad would not allow stamped concrete to be installed around their equipment, and this then
resulted in the need to install a retaining curb around the equipment to support the surrounding
stamped concrete median treatment. The Contractor has agreed to accept a sum of $11,570.93
for the above mentioned work.

Contract Change Order No. 102 provides for the realignment of 211 linear feet of
curb, gutter, and new sidewalk and widening of the roadway in front of the old County of Kern Fire
Station on the north side of Rosedale Highway east of Calloway Drive. During construction, the
fire station building was sold and the new owner worked with the City to grant the necessary right
of way to realign this section of the roadway to it's ultimate width. This work was not shown on the
original project plans, as the original plans showed this area to remain unchanged. This change
will improve the drainage of the area and complete this section of the roadway. The Contractor
has agreed to accept a sum of $16,852.03 for the above mentioned work.

The total cost increase for Change Order Nos. 100 and 102 is $28,422.96. The sum of all
change orders to date on this project reflects a total cost increase of $3,109,565.31 (resulting in
a 19.4 increase of the original contract amount) as illustrated below:

Original Contract Amount $16,014,592.40


Amended Contract Agreement after Change Orders $19,124,157.71
Net Increase to date $ 3,109,565.31

Staff also recommends transferring $30,000 in Gas Tax project savings identified in the PG&E
Tower Relocation project for the Westside Parkway Project to the Rosedale Highway Widening
Project. The proposed amount to be transferred is necessary to fund these Contract Change
Orders. There is no General Fund impact associated with these change orders.

ATTACHMENTS:
Description Type
CCO No. 100 Rosedale Highway Widening Agreement
CCO No. 102 Rosedale Highway Widening Agreement
CITY OF BAKERSFIELD

Thomas Roads Improvement Program

CONTRACT CHANGE ORDER


SHEET 1 OF 1

CONTRACT NO. 15-009 CHANGE ORDER NO. 100 P. O. NO. 153158

PROJECT: Rosedale Highway Widening Project NCIIPL-5109(159)


FEDERAL NO. (S)

CONTRACTOR: Teichert Construction


ADDRESS: P.O. Box 520
Fowler, CA. 93625-0520

YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS
OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT.
NOTE: This change order is not effective until approved by City Council or City Engineer
Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price,
agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used
and no allowance will be made for idle time.
CHANGE SUBMITTED BY: Luis Topete, Resident Engineer DATE: January 30, 2017
CHANGE REQUESTED BY: Luis Topete, Resident Engineer DATE: January 30, 2017

EXTRA WORK AT AGREED LUMP SUM PRICE

Prepare grade, Form, and pour 100LF of median curb and 100LF of retaining curb
surrounding the railroad crossing gate mechanism at station 1050+99 and
Station 1051+99 on Rosedale Hwy.
(RFI # 422, 422.1, 422.2, 422.3, 422.3R1, 422.3R3, 422.3R4, & 422.3R5) = $11,570.93

Total Increase: $11,570.93

ACCOUNT NO (S) 124-4021-825-8041 TRRH117


335-4021-825-8041 TRRH117
INCREASE $11,570.93
DECREASE

By reason of this order the time of City Council Approval Required YES XX
completion will be adjusted as follows: None NO

Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield

Approval Recommended: City Engineer Mayor

Countersigned: Finance Director Date

We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all
equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as
full payment therefor the prices shown above.

Accepted, Date: Contractor: Title:


CITY OF BAKERSFIELD

Thomas Roads Improvement Program

CONTRACT CHANGE ORDER


SHEET 1 OF 1

CONTRACT NO. 15-009 CHANGE ORDER NO. 102 P. O. NO. 153158

PROJECT: Rosedale Highway Widening Project NCIIPL-5109(159)


FEDERAL NO. (S)

CONTRACTOR: Teichert Construction


ADDRESS: P.O. Box 520
Fowler, CA. 93625-0520

YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS
OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT.
NOTE: This change order is not effective until approved by City Council or City Engineer
Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price,
agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used
and no allowance will be made for idle time.
CHANGE SUBMITTED BY: Luis Topete, Resident Engineer DATE: February 13, 2017
CHANGE REQUESTED BY: Luis Topete, Resident Engineer DATE: February 13, 2017

EXTRA WORK AT AGREED LUMP SUM PRICE

Sawcut existing curb & gutter, survey and restake new curb and gutter, pothole utilities, excavate for
roadway widening, place and compact aggregate base, grind for pavement tie-in, and grade for new
sidewalk between sta. 912+86 LT and sta. 914+97 LT.
(FTM 37 and RFI 424.1) = $16,852.03

The contractor agrees to accept a lump sum price of $16,852.03 as full compensation, including all
markups, for performing the above mentioned work.

Total Increase: $16,852.03

ACCOUNT NO (S) 124-4021-825-8041 TRRH17


335-4021-825-8041 TRRH17
INCREASE $16,852.03
DECREASE

By reason of this order the time of City Council Approval Required YES XX
completion will be adjusted as follows: None NO

Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield

Approval Recommended: City Engineer Mayor

Countersigned: Finance Director Date

We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all
equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as
full payment therefor the prices shown above.

Accepted, Date: Contractor: Title:


ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Consent - Property Acquisition Agreements -


TRIP s.

TO: Honorable Mayor and City Council


FROM: Nelson K. Smith, Finance Director
DATE: 2/24/2017
WARD: Ward 2
SUBJECT: Agreement with Richard Francis and Delores Vera Guiltinan ($240,000)
to purchase real property located at 2400 Pine Street for the 24th Street
Widening Project.

STAFF RECOMMENDATION:

Staff recommends approval of Agreement.


BACKGROUND:

As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring
properties to widen 24th Street. The project will construct an additional travel lane in each
direction, and curb, gutter, sidewalks and additional landscaping along the residential portion of
the project.

Property acquisition for the required right of way to construct the 24th Street widening project is
part of the TRIP program and is included in the grant funding for this project. The City will be
responsible for approximately 11.47% of the project cost, including right of way, and will be
reimbursed the remaining 88.53% by the State and Federal Highway Administration.

All parties displaced by the TRIP projects will be provided all applicable relocation benefits
pursuant to the requirements set forth in the Uniform Act. These benefits may include a
purchase price differential payment, a mortgage differential payment, and the actual, reasonable
and necessary costs to relocate their personal and/or business property. Every property is
unique and the benefits will reflect their individual circumstances.

The property being purchased is a single family residence comprising of 1,768 square feet. The
purchase price of $240,000 is a product of negotiations based on an appraisal prepared by
Merriman Hurst and Associates, an independent appraisal company. In addition to the purchase
price, the City will be paying for relocation assistance in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). The Uniform Act
provides important protections and assistance for people affected by federally funded projects.

A Phase I Environmental Site Assessment report has been prepared encompassing all
properties required for the widening project during the State required Environmental Document
process. The Planning Division completed a General Plan Review (65402) and found this
acquisition consistent with the Metropolitan Bakersfield 2010 General Plan.

The 24th Street Project has 21 full acquisition residential properties and approximately 30 partial
acquisitions. The exact number of partial acquisitions will be determined when the design has
been completed. This is the 21st of the 21 residential properties to be acquired.

Information on the progress of the right of way phase of each TRIP project and the costs
associated therewith will be contained in a periodic report.

ATTACHMENTS:
Description Type
Purchase Agreement Agreement
ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Consent - Bids t.

TO: Honorable Mayor and City Council


FROM: Nelson K. Smith, Finance Director
DATE: 2/22/2017
WARD: Ward(s) 2, 7
SUBJECT: Accept bid and approve contract to Courts & Greens, Incorporated,
Bakersfield ($139,970) for the construction of Housing and Urban
Development funded playground shade structures.

STAFF RECOMMENDATION:

Staff recommends acceptance of bid and approval of contract.


BACKGROUND:

The FY 2016-17 budget includes Community Development Block Grant (CDBG) funding for
three shade structures to be installed at Beale Park, Wilson Park and Stiern Park. CDBG funding
is one component of the City's annual Housing and Urban Development (HUD) entitlement which
is provided to enhance low- and moderate-income areas of the City.

Bids were solicited from contractors for the construction of playground shade structures at three
parks located. This contract will provide for installation of shade structures in playground areas
of the three parks. The shade structures will enhance the parks aesthetically as well as provide
shade for park visitors and protection from inclement weather. Eight bids were received in
response to solicitation.

The eight bids received are as follows:

BIDDER AMOUNT
Courts & Greens, Inc., Bakersfield, CA $139,970
Creative Recreational Systems, Inc., Sacramento, CA $149,440
Red Hawk Services, Perris, CA $151,400
NR Development, Inc., Duarte, CA $153,500
Landscape Structures, Inc., Delano, MN $165,004
Brown & Fowler Construction, Inc., Bakersfield, CA $184,496
JTS Construction, Bakersfield, CA $197,500
Todd Companies, Visalia, CA $203,459
Staff finds the bid submitted by Courts & Greens, Inc., Bakersfield, to be acceptable and
recommends approval of contract in the amount of $139,970. Funds are allocated as part of the
City's CDBG entitlement for this contract. There is no General Fund impact associated with this
contract.

ATTACHMENTS:
Description Type
Agreement Agreement
AGREEMENT NO. _________________

CONSTRUCTION PROJECTS AGREEMENT

THIS AGREEMENT is made and entered into on ___________________ , by


and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein)
and COURTS & GREENS, INC. (a Corporation) ("CONTRACTOR" herein).

RECITALS

WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and


well qualified in the field of furnishing & installing shade structures; and

WHEREAS, CONTRACTOR has conducted a thorough site inspection; and

WHEREAS, CITY desires to employ CONTRACTOR for a contract for HUD


Funded Playground Shade Structures/Beale Park, Wilson Park & Stiern Park
(Project herein), as set forth herein.

NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and


CONTRACTOR mutually agree as follows:

1. SCOPE OF WORK. The scope of work to be performed consists; in


general, of fulfilling a contract for HUD funded playground shade
structures/Beale Park, Wilson Park & Stiern Park (Project herein).

1.1. The scope of work shall include all items and procedures
necessary to properly complete the task CONTRACTOR has been hired to
perform, whether specifically included in the scope of work or not. CITY and
CONTRACTOR agree all communications relating to this Agreement must be in
writing. CONTRACTOR understands and agrees that the CITY is an urban area
and underground obstructions including, without limitation, water lines,
electrical lines, sewer lines, and gas lines are inherent in any work involving
subsurface excavation. At a minimum, CONTRACTOR must contact
appropriate underground alert authorities before starting any subsurface work.

1.2. The following shall be deemed to be part of this Agreement


as if fully set forth herein:

1.2.1. Invitation to Bid No. 16-17-58


1.2.2. Special Provisions
___________________________________________________________________________
CONSTRUCTION PROJECTS AGREEMENT\kb
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1.2.3. Bid Security
1.2.4. Bid Proposal
1.2.5. Non-collusion affidavit
1.2.6. Waiver of Substitution of Securities
1.2.7. Workers Compensation Insurance Certification
1.2.8. Statement of OSHA Compliance
1.2.9. Bidders Statement Regarding Insurance Coverage
1.2.10. Non-Conflict of Interest Statement
1.2.11. Equal Employment Opportunity Compliance
Certificate
1.2.12. Utilization of Small Business Concerns
1.2.13. Utilization of Women & Minority Business Enterprise
1.2.14. MBE/WBE Information & Good Faith Efforts Form
1.2.15. Davis Bacon Act Compliance Certification
1.2.16. Title 49-Debarment and Suspension Certification
1.2.17. MBE/WBE Certifications Form
1.2.18. Federal Lobbying Form
1.2.19. Performance on Previous Equal Employment Contracts
1.2.20. Non-Segregated Facilities Certification
1.2.21. Section 3 Affirmative Action Plan
1.2.22. Small Business Involvement
1.2.23. Performance Bond
1.2.24. Labor & Materials Bond
1.2.25. Letters of transmittal, if any
1.2.26. All provisions required by law to be inserted in this
Contract whether actually inserted or not.
1.2.27. DIR PWC 100 Form

2. COMPENSATION. Compensation for all work, services or products


called for under this Agreement shall consist of a total payment NOT TO EXCEED
ONE HUNDRED THIRTY NINE THOUSAND NINE HUNDRED SEVENTY DOLLARS
($139,970) in accordance with the bid documents. The compensation set forth
in this section shall be the total compensation under this Agreement including,
but not limited to, all out-of-pocket costs and taxes. CITY shall pay only the
compensation listed unless otherwise agreed to in writing by the parties. Unless
otherwise required by State law, a five percent (5%) retention shall be withheld
from payments to CONTRACTOR by CITY. The five percent (5%) retention
required by the Bakersfield Municipal Code shall be released after the
appropriate statutes have expired and all liens and stop payment notices have
been cleared.

3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services


rendered in accordance with the Special Provisions applicable to this Project.
___________________________________________________________________________
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4. SCHEDULING. When required by CITY in contract bid documents, or
upon reasonable notice, CONTRACTOR shall supply CITY with scheduling
documents showing all information in a form requested by CITY. CONTRACTORs
scheduling personnel shall have experience in and be knowledgeable in
scheduling. CITY may require CONTRACTOR to supply the schedule on
programs named by CITY (Microsoft Project for example), and may require said
schedules to be undated or revised on a regular basis. CITY may require
recovery schedules if CONTRACTOR falls behind the Project schedule. CITYs
review or comment on the schedule shall not constitute acceptance thereof.

5. NO WAIVER OF DEFAULT. The failure of any party to enforce against


another party any provision of this Agreement shall not constitute a waiver of
that party's right to enforce such a provision at a later time, and shall not serve
to vary the terms of this Agreement.

6. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in


effect or obtain at all times during the term of this Agreement any licenses,
permits and approvals which are legally required for CONTRACTOR to practice
its profession.

7. STANDARD OF PERFORMANCE. All work shall be performed in


conformity with all legal requirements and industry standards observed by a
specialist of the profession in California.

8. MERGER AND MODIFICATION. All prior agreements between the


parties are incorporated in this Agreement which constitutes the entire
agreement. Its terms are intended by the parties as a final expression of their
agreement with respect to such terms as are included herein and may not be
contradicted by evidence of any prior agreement or contemporaneous oral
agreement. The parties further intend this Agreement constitutes the complete
and exclusive statement of its terms and no extrinsic evidence whatsoever may
be introduced in any judicial or arbitration proceeding involving this Agreement.
This Agreement may be modified only in a writing signed by all the parties. If
any modification of this Agreement results in total compensation which exceeds
Forty Thousand Dollars ($40,000.00), such modification must be approved by the
City Council.

9. EXHIBITS. In the event of a conflict between the terms, conditions or


specifications set forth in this Agreement and those in exhibits attached hereto,
the terms, conditions, or specifications set forth in this Agreement shall prevail.
All exhibits to which reference is made in this Agreement are deemed
___________________________________________________________________________
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incorporated in this Agreement, whether or not actually attached.

10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at


CONTRACTOR's sole cost, comply with all of the requirements of Municipal,
State, and Federal authorities now in force, or which may hereafter be in force,
pertaining to this Agreement, and shall faithfully observe in all activities relating
to or growing out of this Agreement all Municipal ordinances and State and
Federal statutes, rules or regulations, and permitting requirements now in force
or which may hereafter be in force including, without limitation, obtaining a City
of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02)
where required.

11. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1


applies to this Agreement, a contractor or subcontractor shall not be qualified
to bid on, be listed in a bid proposal, be subject to the requirements of Section
4104 of the Public Contract Code, or engage in the performance of any
contract for public work, as defined in this chapter, unless currently registered
and qualified to perform public work pursuant to Section 1725.5. It is not a
violation of Labor Code Section 1771.1 for an unregistered contractor to submit
a bid that is authorized by Section 7029.1 of the Business and Professions Code or
by Section 10164 or 20103.5 of the Public Contract Code, provided the
contractor is registered to perform public work pursuant to Section 1725.5 at the
time the contract is awarded. The prime contractor is required to post job site
notices in compliance with Title 8 California Code of Regulations Section 16451.
This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations.

12. INDEPENDENT CONTRACTOR. This Agreement calls for the


performance of the services of CONTRACTOR as an independent contractor.
CONTRACTOR is not an agent or employee of the CITY for any purpose and is
not entitled to any of the benefits provided by CITY to its employees. This
Agreement shall not be construed as forming a partnership or any other
association with CONTRACTOR other than that of an independent contractor.
CONTRACTOR retains the right to control the manner in which the services
described herein are performed and CONTRACTOR will supply all equipment,
tools, materials and supplies necessary to perform the services set forth in this
Agreement.

13. INSURANCE and BONDS. In addition to any other insurance or bond


required under this Agreement, the CONTRACTOR shall procure and maintain
for the duration of this Agreement the following types and limits of insurance
("basic insurance requirements") herein:

___________________________________________________________________________
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13.1 Automobile liability insurance, providing coverage on an
occurrence basis for bodily injury, including death, of one or more persons,
property damage and personal injury, with limits of not less than One Million
Dollars ($1,000,000) per occurrence; and the policy shall:

13.1.1 Provide coverage for owned, non-owned and hired


autos.

13.2. Broad form commercial general liability insurance, unless


otherwise approved by the CITYs Risk Manager, providing coverage on an
occurrence basis for bodily injury, including death, of one or more persons,
property damage and personal injury, with limits of not less than One Million
Dollars ($1,000,000) per occurrence; and the policy shall:

13.2.1 Provide contractual liability coverage for the terms


of this Agreement.

13.2.2 Provide unlimited products and completed operations


coverage.

13.2.3 Contain an additional insured endorsement in favor


of the CITY, its mayor, council, officers, agents,
employees and volunteers.

13.2.4 All policies shall be written on a first-dollar coverage


basis, or contain a deductible provision. Subject to advance
approval by the CITY, CONTRACTOR may utilize a Self-Insured
Retention provided that the policy shall not contain
language, whether added by endorsement or contained in
the Policy Conditions, that prohibits satisfaction of any Self-
Insured provision or requirement by anyone other than the
Named Insured, or by any means including other insurance or
which is intended to defeat the intent or protection of an
Additional Insured.

13.3. Workers' compensation insurance with statutory limits and


employer's liability insurance with limits of not less than One Million Dollars
($1,000,000) per accident; and the policy shall contain a waiver of subrogation
in favor of the CITY, its mayor, council, officers, agents, employees and
volunteers.

13.4. All policies required of the CONTRACTOR shall be primary


insurance as to the CITY, its mayor, council, officers, agents, employees, or
___________________________________________________________________________
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designated volunteers and any insurance or self-insurance maintained by the
CITY, its mayor, council, officers, agents, employees, and designated volunteers
shall be excess of the CONTRACTOR's insurance and shall not contribute with it.

13.5. Except for workers compensation, insurance is to be placed


with insurers with a Bests rating as approved by CITYs Risk Manager, but in no
event less than A-:VII. Any deductibles, self-insured retentions or insurance in
lesser amounts, or lack of certain types of insurance otherwise required by this
Agreement, or insurance rated below Bests A-:VII, must be declared prior to
execution of this Agreement and approved by the CITY in writing.

13.6. Unless otherwise approved by CITYs Risk Manager, all policies


shall contain an endorsement providing the CITY with thirty (30) days written
notice of cancellation or material change in policy language or terms. All
policies shall provide that there shall be continuing liability thereon,
notwithstanding any recovery on any policy. Copies of policies shall be
delivered to CITY on demand.

13.7. The insurance required hereunder shall be maintained until all


work required to be performed by this Agreement is satisfactorily completed as
evidenced by written acceptance by the CITY.

13.8. The CONTRACTOR shall furnish the City Risk Manager with a
certificate of insurance and required endorsements evidencing the insurance
and bonds required. The CITY may withdraw its offer of contract if certificates of
insurance and endorsements and bonds required have not been provided as
required by the Special Provisions.

13.9. Full compensation for all premiums which the CONTRACTOR is


required to pay on all the insurance described herein shall be considered as
included in the prices paid for the various items of work to be performed under
the Agreement, and no additional allowance will be made therefor or for
additional premiums which may be required by extensions of the policies of
insurance.

13.10. It is further understood and agreed by the CONTRACTOR that


its liability to the CITY shall not in any way be limited to or affected by the
amount of insurance obtained and carried by the CONTRACTOR in connection
with this Agreement.

13.11. Unless otherwise approved by the CITY, if any part of the work
under this Agreement is subcontracted, the "basic insurance requirements" set
forth above shall be provided by, or on behalf of, all subcontractors even if the
___________________________________________________________________________
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CITY has approved lesser insurance requirements for CONTRACTOR.

13.12. CONTRACTOR shall provide performance, labor and material


bonds in amounts and in a form suitable to the CITY. CITY shall approve in
writing all such security instruments prior to the commencement of work on the
Project.

14. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will
timely notify CONTRACTOR of third party claims relating to this contract. CITY
shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on
demand, all costs of notification.

15. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold


harmless CITY, its officers, agents and employees against any and all liability,
claims, actions, causes of action or demands whatsoever against them, or any
of them, before administrative or judicial tribunals of any kind whatsoever,
arising out of, connected with, or caused by CONTRACTOR, CONTRACTORs
employees, agents, independent contractors, companies, or subcontractors in
the performance of, or in any way arising from, the terms and provisions of this
Agreement whether or not caused in part by a party indemnified hereunder,
except for CITYs sole active negligence or willful misconduct.

16. TERMINATION. This Agreement may be terminated as set forth in


the Special Provisions for this Project. If no termination clauses are included in
the Special provision this Agreement may be terminated for CONTRACTOR
default. The following circumstances shall be deemed a CONTRACTOR default:
1) a material breach of the contract where CONTRACTOR fails to cure said
breach within ten (10) days of notice from CITY. If said breach cannot
reasonably be cured within ten (10) days CONTRACTOR must have taken
significant steps to cure said breach including, without limitation, providing a
written plan acceptable to CITY to cure the default and immediately
commencing to cure the default; 2) violation of any law, statute, regulation,
rule, ordinance, permit or order of any governmental agency by CONTRACTOR
applicable to the Project and where CONTRACTOR does not cure said violation
within ten (10) days of the date of the notice of violation or notice from CITY
demanding a cure, whichever is earlier; 3) CONTRACTOR makes an assignment
for benefit of creditors, admits an inability to pay debts, files a petition in
bankruptcy or is otherwise determined bankrupt or insolvent; 4) CONTRACTOR
fails to adequately respond in writing to CITYs written demand for adequate
assurances. CONTRACTOR must respond to CITYS demand for adequate
assurances within ten (10) days in writing with all necessary information to assure
CITY that CONTRACTOR has the financial and other necessary resources to
perform the contract without breach. All information requested by CITY shall be
___________________________________________________________________________
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supplied or CONTRACTOR will be in material breach of this Agreement.

16.1 In the event of termination by CITY as set forth above,


CONTRACTOR shall remain fully liable for any work not completed,
liquidated damages, delays by follow up contractors, materials and
equipment provided, designs commenced through the date of
termination, and consequential damages. CONTRACTOR will
immediately deliver to CITY possession of the work including all
designs, engineering, project records, cost data, drawing
specifications and contracts, and construction supplies and aids
dedicated solely to performing the work. CONTRACTOR shall assign
all subcontracts to CITY; however, CITY may accept or reject said
subcontracts at its sole discretion.

16.2. CITY and CONTRACTOR agree that should CITYs termination


for cause be determined by a court of law to be wrongful or without cause,
such termination will be treated as a termination for convenience entitling
CONTRACTOR to an equitable settlement for claims and liabilities outstanding at
the date of termination and reasonable compensation for work actually
performed to the date of termination. No other compensation shall be due
CONTRACTOR for termination for convenience.

17. REMEDIES. The remedies provided in this Agreement are cumulative


and are in addition to any other remedies in law or equity which may be
available to CITY. The election of one or more remedies shall not bar the use of
other remedies unless the circumstances make the remedies incompatible.

18. SITE INSPECTION. CITY shall be allowed to inspect the construction


site at any time and CONTRACTOR shall make all areas of the construction site
available to inspection including, without limitation, any construction trailers or
offices at the site and all plans, drawings, documents, schedules, photographs
and other documentation relating to the Project.

19. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop
notices or liens to be filed on the project, and shall pay all costs and fees to CITY,
including without limitation attorneys fees, incurred by CITY because of the filing
of any such stop notice, lien or legal action relating thereto. CONTRACTOR
agrees CITY may withhold from any funds held by CITY concerning the project
amounts sufficient to cover costs and fees, including without limitation attorneys
fees, incurred by CITY because of the filing of any stop notice, lien, or legal
action relating thereto.

20. EXECUTION. This Agreement is effective upon execution. It is the


___________________________________________________________________________
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product of negotiation and all parties are equally responsible for authorship of
this Agreement. Section 1654 of the California Civil Code shall not apply to the
interpretation of this Agreement.

21. NOTICES. All notices relative to this Agreement shall be given in


writing and shall be personally served or sent by certified or registered mail and
be effective upon actual personal service or depositing in the United States
mail. The parties shall be addressed as follows, or at any other address
designated by notice:

CITY: CITY OF BAKERSFIELD


PUBLIC WORKS DEPARTMENT
1600 Truxtun Avenue
Bakersfield, California 93301
(661) 326-3724

CONTRACTOR: COURTS & GREENS, INC.


3615 Gilmore Ave., #A
Bakersfield, CA 93308
661-587-4602 (phone)
661-587-4603 (fax)

22. GOVERNING LAW. The laws of the State of California will govern
the validity of this Agreement, its interpretation and performance. Any litigation
arising in any way from this Agreement shall be brought in Kern County,
California.

23. ASSIGNMENT. Neither this Agreement nor any rights, interests,


duties, liabilities, obligations or responsibilities arising out of, concerning or
related in any way to this Agreement (including, but not limited to, accounts,
actions, causes of action, claims, damages, demands, liabilities, losses,
obligations, or reckonings of any kind or nature whatsoever, for compensatory or
exemplary and punitive damages, or declaratory, equitable or injunctive relief,
whether based on contract, equity, tort or other theories of recovery provided
for by the common or statutory law) may be assigned or transferred by any
party. Any such assignment is prohibited, and shall be unenforceable and
otherwise null and void without the need for further action by the non-assigning
party or parties.

24. BINDING EFFECT. The rights and obligations of this Agreement shall
inure to the benefit of, and be binding upon, the parties to the contract and
their heirs, administrators, executors, personal representatives, successors and
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assigns, and whenever the context so requires, the masculine gender includes
the feminine and neuter, and the singular number includes the plural. This
Agreement may be executed in any number of counterparts, each of which
shall be considered as an original and be effective as such.

25. TITLE TO DOCUMENTS. All documents, plans, and drawings,


maps, photographs, and other papers (including, but not limited to, computer
or electronic data), or copies thereof prepared by CONTRACTOR pursuant to
the terms of this Agreement, shall, upon preparation, become the property of
the CITY.

26. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate


accounting records and other written documentation pertaining to all costs
incurred in performance of this Agreement. Such records and documentation
shall be kept at CONTRACTOR's office during the term of this Agreement, and for
a period of three (3) years from the date of the final payment hereunder, and
said records shall be made available to CITY representatives upon request at
any time during regular business hours.

27. CORPORATE AUTHORITY. Each individual signing this Agreement on


behalf of entities represent and warrant that they are, respectively, duly
authorized to sign on behalf of the entities and to bind the entities fully to each
and all of the obligations set forth in this Agreement.

28. TAX NUMBERS.

CONTRACTORs Federal Tax ID Number 81-1560528


CONTRACTOR is a corporation? Yes X No _
(Please check one.)

29. CONTRACTORS LICENSE INFORMATION.

License Number 1016498


Expiration Date 7/31/2018
License Classification A, C-21, C-61/D06, C-61/D12, C-61/D63

30. NON-INTEREST. No officer or employee of the CITY shall hold any


interest in this Agreement (California Government Code section 1090).

31. RESOURCE ALLOCATION. All obligations of CITY under the terms of


this Agreement are subject to the appropriation and allocation of resources by
the City Council.

___________________________________________________________________________
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed, the day and year first-above written.

"CITY" CONTRACTOR
CITY OF BAKERSFIELD COURTS & GREENS, INC.

By: By:
KAREN GOH
Mayor PRINT NAME: _________________________________________

Title:

APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney

By:___________________________
JOSHUA H RUDNICK
Deputy City Attorney
Insurance:__________

APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT

By:___________________________
NICK FIDLER
Public Works Director

___________________________________________________________________________
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COUNTERSIGNED:

By:___________________________
NELSON SMITH
Finance Director

___________________________________________________________________________
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ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Consent - Bids u.

TO: Honorable Mayor and City Council


FROM: Nick Fidler, Public Works Director
DATE: 2/21/2017
WARD: Ward 2
SUBJECT: Accept bid and approve contract with PSC Industrial Outsourcing, LP
($66,400.00; 88.53% federally funded, 11.47% local match funded with
utility surcharge fees) for demolition of houses along 24th Street: 2401
Spruce Street, 2400 Spruce Street, and 2401 Pine Street.

STAFF RECOMMENDATION:

Staff recommends acceptance of low bid and approval of contract.


BACKGROUND:

As part of the Thomas Roads Improvement Program (TRIP), the 24th Street Improvements
Project provides for additional capacity along this congested corridor. The 24th Street
Improvements Project consists generally of widening 24th Street from four lanes to six lanes
from Elm Street to C Street, reconstruction and restriping of the 23rd/24th Street one-way
couplet roadway segments from D Street to 0.2 miles east of M Street to provide four lanes in
each direction, improvements at the SR 99/24th Street interchange, expansion of the 24th
Street/Oak Street intersection to provide for four lanes in each direction along 24th Street
with additional turn lanes on Oak Street, and improvements to the S-curve at C street
for eastbound traffic.

This project is the third phase of multiple phases for demolitions along 24th Street that are
required in anticipation of the 24th Street Improvement Project. This project will remove
three houses on the north side of 24th Street. The work includes removal of houses, removal of
debris, installation of temporary site fencing as well as installing an 8 high green screen fencing
(which will remain in place until soundwall construction is completed), grading of the site, applying
pre-emergent, and installing a 4 thick layer of wood chips.

On February 21, 2017 a total of four bids were received, the four acceptable bids are as follows:

PSC Industrial Outsourcing, LP


5151 San Felipe, STE. 1100 in the amount of $66,400.00
Houston, Texas, 77056
CVE Contracting Group, Inc.
4263 North Selland Ave in the amount of $66,700.00
Fresno, CA, 93722
Interior Demolition, Inc.
2621 Honolulu Ave in the amount of $67,991.00
Montrose, CA, 91020
Soils Engineering Inc.
4400 Yeager Way in the amount of $73,798.00
Bakersfield, CA, 93313

Sufficient funds are budgeted for the award of this project. The project is funded 88.53% by
federal earmark funds, and 11.47% by local matching funds with utility surcharge fees; therefore,
there is no General Fund impact associated with this project.

ATTACHMENTS:
Description Type
Agreement Agreement
AGREEMENT NO. _________________

CONSTRUCTION PROJECTS AGREEMENT

THIS AGREEMENT is made and entered into on ___________________ , by


and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein)
and PSC INDUSTRIAL OUTSOURCING, LP, a Limited Partnership, ("CONTRACTOR"
herein).
RECITALS

WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and


well qualified in the field of construction; and

WHEREAS, CONTRACTOR has conducted a thorough site inspection; and

WHEREAS, CITY desires to employ CONTRACTOR for the Demolition of


Improvements along 24th Street: 2401 Spruce Street, 2400 Spruce Street, 2401
Pine Street (Project herein), as set forth herein.

NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and


CONTRACTOR mutually agree as follows:

1. SCOPE OF WORK. The scope of work to be performed consists, in


general, of demolition of improvements at 2401 Spruce Street, 2400 Spruce
Street, and 2401 Pine Street, and removal of all structures, foundations,
landscaping, fences where designated, debris, out buildings, patios, and
grading sites to match existing grades, applying emergent systematic herbicide
and a 4 layer of mulch to the finished grade (Project herein).

The scope of work shall include all items and procedures necessary to properly
complete the task CONTRACTOR has been hired to perform, whether
specifically included in the scope of work or not. CITY and CONTRACTOR agree
all communications relating to this Agreement must be in writing. CONTRACTOR
understands and agrees that the CITY is an urban area and underground
obstructions including, without limitation, water lines, electrical lines, sewer lines,
and gas lines are inherent in any work involving subsurface excavation. At a
minimum, CONTRACTOR must contact appropriate underground alert
authorities before starting any subsurface work.

1.1. The following shall be deemed to be part of this Agreement


as if fully set forth herein:

1.1.1. Notice to Contractors


_______________________________________________________________________________
CONSTRUCTION PROJECTS AGREEMENT Updated March 9, 2015 Date Prepared: 02/22/2017
Demolition of Improvements along 24th Street: 2401 Spruce Street, 2400 Spruce Street, L.Skinner for Project Designer:
2401 Pine Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326-3580
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1.1.2. Special Provisions
1.1.3. Bid Proposal
1.1.4. Bidder's Bond
1.1.5. Performance Bond
1.1.6. Material and Labor Bond
1.1.7. Letters of transmittal, if any
1.1.8. All provisions required by law to be inserted in this
contract whether actually inserted or not.
1.1.9. Current State of California DAS 140 Form
(if required by Specifications)
1.1.10. Drawings, if any.
1.1.11. Public Contract Code 22300 (Escrow Accounts).
1.1.12. Required Federal-Aid Contract Language
(Exhibit 12-G).
1.1.13. Required Contract Provisions Federal-Aid Contracts
(Form FHWA1273, Exhibit 12-G).
1.1.14. Subcontracting Request Form (Exhibit 16-B, LAPM).
1.1.15. Prevailing Wage Rates (Davis-Bacon).
1.1.16. Title VI Assurances and Appendices.
1.1.17. Current State of California DIR PWC 100 Form.

1.2. CONTRACTOR acknowledges that CITY is receiving federal-


aid for the construction of a portion of this Project. CONTRACTOR agrees to
physically incorporate all federally required contract provisions, including Form
FHWA-1273, in his various subcontracts and purchase orders for the federally
funded portions of this Project. CONTRACTOR acknowledges that failure to
incorporate Form FHWA-1273 into those subcontracts and purchase orders will
jeopardize CITYs eligibility for federal-aid funding. In the event of
noncompliance in regards to this requirement, CONTRACTOR will be required to
correct the noncompliance. CITY will withhold payment for subcontracted work
involved with the noncompliance from progress payments due, or to become
due, until correction is made. Failure to comply may result in termination of the
contract.

2. COMPENSATION. Compensation for all work, services or products


called for under this Agreement shall consist of a total payment of SIXTY-SIX
THOUSAND, FOUR HUNDRED DOLLARS AND ZERO CENTS ($66,400.00). The
compensation set forth in this section shall be the total compensation under this
Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY
shall pay only the compensation listed unless otherwise agreed to in writing by
the parties. For projects falling under Title 49 Code of Federal Regulations (CFR)
Part 26.29 the CITY shall not require the withholding of any retention from
CONTRACTOR. CONTRACTOR agrees that it will not cause retention to be
_______________________________________________________________________________
CONSTRUCTION PROJECTS AGREEMENT Updated March 9, 2015 Date Prepared: 02/22/2017
Demolition of Improvements along 24th Street: 2401 Spruce Street, 2400 Spruce Street, L.Skinner for Project Designer:
2401 Pine Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326-3580
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withheld from subcontractors working under this Agreement which are subject
to the provisions of 49 CFR Part 26.29. For projects, or any severable parts of a
project under Federal law, which do not fall under 49 CFR Part 26.29, CITY shall
retain ten percent (10%) from payments to CONTRACTOR, unless otherwise
required by State law, and does not limit or prohibit CONTRACTOR from requiring
retention from subcontractors.

3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services


rendered in accordance with the Special Provisions applicable to this Project.

4. SCHEDULING. When required by CITY in contract bid documents, or


upon reasonable notice, CONTRACTOR shall supply CITY with scheduling
documents showing all information in a form requested by CITY. CONTRACTORs
scheduling personnel shall have experience in and be knowledgeable in
scheduling. CITY may require CONTRACTOR to supply the schedule on
programs named by CITY (Microsoft Project for example), and may require said
schedules to be undated or revised on a regular basis. CITY may require
recovery schedules if CONTRACTOR falls behind the Project schedule. CITYs
review or comment on the schedule shall not constitute acceptance thereof.

5. NO WAIVER OF DEFAULT. The failure of any party to enforce against


another party any provision of this Agreement shall not constitute a waiver of
that party's right to enforce such a provision at a later time, and shall not serve
to vary the terms of this Agreement.

6. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in


effect or obtain at all times during the term of this Agreement any licenses,
permits and approvals which are legally required for CONTRACTOR to practice
its profession.

7. STANDARD OF PERFORMANCE. All work shall be performed in


conformity with all legal requirements and industry standards observed by a
specialist of the profession in California.

8. MERGER AND MODIFICATION. All prior agreements between the


parties are incorporated in this Agreement which constitutes the entire
agreement. Its terms are intended by the parties as a final expression of their
agreement with respect to such terms as are included herein and may not be
contradicted by evidence of any prior agreement or contemporaneous oral
agreement. The parties further intend this Agreement constitutes the complete
and exclusive statement of its terms and no extrinsic evidence whatsoever may
be introduced in any judicial or arbitration proceeding involving this Agreement.
This Agreement may be modified only in a writing approved by the City Council
and signed by all the parties.
_______________________________________________________________________________
CONSTRUCTION PROJECTS AGREEMENT Updated March 9, 2015 Date Prepared: 02/22/2017
Demolition of Improvements along 24th Street: 2401 Spruce Street, 2400 Spruce Street, L.Skinner for Project Designer:
2401 Pine Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326-3580
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9. EXHIBITS. In the event of a conflict between the terms, conditions or
specifications set forth in this Agreement and those in exhibits attached hereto,
the terms, conditions, or specifications set forth in this Agreement shall prevail.
All exhibits to which reference is made in this Agreement are deemed
incorporated in this Agreement, whether or not actually attached.

10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at


CONTRACTOR's sole cost, comply with all of the requirements of Municipal,
State, and Federal authorities now in force, or which may hereafter be in force,
pertaining to this Agreement, and shall faithfully observe in all activities relating
to or growing out of this Agreement all Municipal ordinances and State and
Federal statutes, rules or regulations, and permitting requirements now in force
or which may hereafter be in force including, without limitation, obtaining a City
of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02)
where required.

11. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1


applies to this Agreement, a contractor or subcontractor shall not be qualified
to bid on, be listed in a bid proposal, be subject to the requirements of Section
4104 of the Public Contract Code, or engage in the performance of any
contract for public work, as defined in this chapter, unless currently registered
and qualified to perform public work pursuant to Section 1725.5. It is not a
violation of Labor Code Section 1771.1 for an unregistered contractor to submit
a bid that is authorized by Section 7029.1 of the Business and Professions Code or
by Section 10164 or 20103.5 of the Public Contract Code, provided the
contractor is registered to perform public work pursuant to Section 1725.5 at the
time the contract is awarded. The prime contractor is required to post job site
notices in compliance with Title 8 California Code of Regulations Section 16451.
This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations.

12. INDEPENDENT CONTRACTOR. This Agreement calls for the


performance of the services of CONTRACTOR as an independent contractor.
CONTRACTOR is not an agent or employee of the CITY for any purpose and is
not entitled to any of the benefits provided by CITY to its employees. This
Agreement shall not be construed as forming a partnership or any other
association with CONTRACTOR other than that of an independent contractor.
CONTRACTOR retains the right to control the manner in which the services
described herein are performed and CONTRACTOR will supply all equipment,
tools, materials and supplies necessary to perform the services set forth in this
Agreement.

_______________________________________________________________________________
CONSTRUCTION PROJECTS AGREEMENT Updated March 9, 2015 Date Prepared: 02/22/2017
Demolition of Improvements along 24th Street: 2401 Spruce Street, 2400 Spruce Street, L.Skinner for Project Designer:
2401 Pine Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326-3580
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13. INSURANCE and BONDS. In addition to any other insurance or bond
required under this Agreement, the CONTRACTOR shall procure and maintain
for the duration of this Agreement the following types and limits of insurance
("basic insurance requirements") herein:

13.1. Automobile liability insurance, providing coverage on an


occurrence basis for bodily injury, including death, of one or more persons,
property damage and personal injury, with limits of not less than One Million
Dollars ($1,000,000) per occurrence; and the policy shall:

13.1.1. Provide coverage for owned, non-owned and hired


autos.
13.2. Broad form commercial general liability insurance, unless
otherwise approved by the CITYs Risk Manager, providing coverage on an
occurrence basis for bodily injury, including death, of one or more persons,
property damage and personal injury, with limits of not less than One Million
Dollars ($1,000,000) per occurrence; and the policy shall:

13.2.1. Provide contractual liability coverage for the terms of


this Agreement.

13.2.2. Provide unlimited products and completed


operations coverage.

13.2.3. Contain an additional insured endorsement in favor


of the CITY, its mayor, council, officers, agents,
employees and volunteers.

13.2.4. All policies shall be written on a first-dollar coverage


basis, or contain a deductible provision. Subject to
advance approval by the CITY, CONTRACTOR may
utilize a Self-Insured Retention provided that the
policy shall not contain language, whether added
by endorsement or contained in the Policy
Conditions, that prohibits satisfaction of any Self-
Insured provision or requirement by anyone other
than the Named Insured, or by any means including
other insurance or which is intended to defeat the
intent or protection of an Additional Insured.

13.3. Workers' compensation insurance with statutory limits and


_______________________________________________________________________________
CONSTRUCTION PROJECTS AGREEMENT Updated March 9, 2015 Date Prepared: 02/22/2017
Demolition of Improvements along 24th Street: 2401 Spruce Street, 2400 Spruce Street, L.Skinner for Project Designer:
2401 Pine Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326-3580
C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\212ED1BA-8E46-4231-9536-567C47846116\PDFConvert.7768.1.DemoImprov_24th_Spruce-
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employer's liability insurance with limits of not less than One Million Dollars
($1,000,000) per accident; and the policy shall contain a waiver of subrogation
in favor of the CITY, its mayor, council, officers, agents, employees and
volunteers.

13.4. All policies required of the CONTRACTOR shall be primary


insurance as to the CITY, its mayor, council, officers, agents, employees, or
designated volunteers and any insurance or self-insurance maintained by the
CITY, its mayor, council, officers, agents, employees, and designated volunteers
shall be excess of the CONTRACTOR's insurance and shall not contribute with it.

13.5. Except for workers compensation, insurance is to be placed


with insurers with a Bests rating as approved by CITYs Risk Manager, but in no
event less than A-:VII. Any deductibles, self-insured retentions or insurance in
lesser amounts, or lack of certain types of insurance otherwise required by this
Agreement, or insurance rated below Bests A-:VII, must be declared prior to
execution of this Agreement and approved by the CITY in writing.

13.6. Unless otherwise approved by CITYs Risk Manager, all policies


shall contain an endorsement providing the CITY with thirty (30) days written
notice of cancellation or material change in policy language or terms. All
policies shall provide that there shall be continuing liability thereon,
notwithstanding any recovery on any policy. Copies of policies shall be
delivered to CITY on demand.

13.7. The insurance required hereunder shall be maintained until all


work required to be performed by this Agreement is satisfactorily completed as
evidenced by written acceptance by the CITY.

13.8. The CONTRACTOR shall furnish the City Risk Manager with a
certificate of insurance and required endorsements evidencing the insurance
and bonds required. The CITY may withdraw its offer of contract if certificates of
insurance and endorsements and bonds required have not been provided as
required by the Special Provisions.

13.9. Full compensation for all premiums which the CONTRACTOR is


required to pay on all the insurance described herein shall be considered as
included in the prices paid for the various items of work to be performed under
the Agreement, and no additional allowance will be made therefor or for
additional premiums which may be required by extensions of the policies of
insurance.

13.10. It is further understood and agreed by the CONTRACTOR that


_______________________________________________________________________________
CONSTRUCTION PROJECTS AGREEMENT Updated March 9, 2015 Date Prepared: 02/22/2017
Demolition of Improvements along 24th Street: 2401 Spruce Street, 2400 Spruce Street, L.Skinner for Project Designer:
2401 Pine Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326-3580
C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\212ED1BA-8E46-4231-9536-567C47846116\PDFConvert.7768.1.DemoImprov_24th_Spruce-
Pine__Agr.Federal_Funded.docx

-- Page 6 of 11 Pages --
its liability to the CITY shall not in any way be limited to or affected by the
amount of insurance obtained and carried by the CONTRACTOR in connection
with this Agreement.

13.11. Unless otherwise approved by the CITY, if any part of the work
under this Agreement is subcontracted, the "basic insurance requirements" set
forth above shall be provided by, or on behalf of, all subcontractors even if the
CITY has approved lesser insurance requirements for CONTRACTOR.

13.12. CONTRACTOR shall provide performance, labor and material


bonds in amounts and in a form suitable to the CITY. CITY shall approve in
writing all such security instruments prior to the commencement of work on the
Project.

14. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will
timely notify CONTRACTOR of third party claims relating to this contract. CITY
shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on
demand, all costs of notification.

15. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold


harmless CITY, its officers, agents and employees against any and all liability,
claims, actions, causes of action or demands whatsoever against them, or any
of them, before administrative or judicial tribunals of any kind whatsoever,
arising out of, connected with, or caused by CONTRACTOR, CONTRACTORs
employees, agents, independent contractors, companies, or subcontractors in
the performance of, or in any way arising from, the terms and provisions of this
Agreement whether or not caused in part by a party indemnified hereunder,
except for CITYs sole active negligence or willful misconduct.

16. TERMINATION. This Agreement may be terminated as set forth in


the Special Provisions for this Project. If no termination clauses are included in
the Special provision this Agreement may be terminated for CONTRACTOR
default. The following circumstances shall be deemed a CONTRACTOR default:
1) a material breach of the contract where CONTRACTOR fails to cure said
breach within ten (10) days of notice from CITY. If said breach cannot
reasonably be cured within ten (10) days CONTRACTOR must have taken
significant steps to cure said breach including, without limitation, providing a
written plan acceptable to CITY to cure the default and immediately
commencing to cure the default; 2) violation of any law, statute, regulation,
rule, ordinance, permit or order of any governmental agency by CONTRACTOR
applicable to the Project and where CONTRACTOR does not cure said violation
within ten (10) days of the date of the notice of violation or notice from CITY
demanding a cure, whichever is earlier; 3) CONTRACTOR makes an assignment
_______________________________________________________________________________
CONSTRUCTION PROJECTS AGREEMENT Updated March 9, 2015 Date Prepared: 02/22/2017
Demolition of Improvements along 24th Street: 2401 Spruce Street, 2400 Spruce Street, L.Skinner for Project Designer:
2401 Pine Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326-3580
C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\212ED1BA-8E46-4231-9536-567C47846116\PDFConvert.7768.1.DemoImprov_24th_Spruce-
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for benefit of creditors, admits an inability to pay debts, files a petition in
bankruptcy or is otherwise determined bankrupt or insolvent; 4) CONTRACTOR
fails to adequately respond in writing to CITYs written demand for adequate
assurances. CONTRACTOR must respond to CITYS demand for adequate
assurances within ten (10) days in writing with all necessary information to assure
CITY that CONTRACTOR has the financial and other necessary resources to
perform the contract without breach. All information requested by CITY shall be
supplied or CONTRACTOR will be in material breach of this Agreement.

16.1. In the event of termination by CITY as set forth above,


CONTRACTOR shall remain fully liable for any work not completed, liquidated
damages (as set forth in the Special Provisions), delays by follow up contractors,
materials and equipment provided, designs commenced through the date of
termination, and consequential damages. CONTRACTOR will immediately
deliver to CITY possession of the work including all designs, engineering, project
records, cost data, drawing specifications and contracts, and construction
supplies and aids dedicated solely to performing the work. CONTRACTOR shall
assign all subcontracts to CITY, however, CITY may accept or reject said
subcontracts at its sole discretion.

16.2. CITY and CONTRACTOR agree that should CITYs termination


for cause be determined by a court of law to be wrongful or without cause,
such termination will be treated as a termination for convenience entitling
CONTRACTOR to an equitable settlement for claims and liabilities outstanding at
the date of termination and reasonable compensation for work actually
performed to the date of termination. No other compensation shall be due
CONTRACTOR for termination for convenience.

17. REMEDIES. The remedies provided in this Agreement are cumulative


and are in addition to any other remedies in law or equity which may be
available to CITY. The election of one or more remedies shall not bar the use of
other remedies unless the circumstances make the remedies incompatible.

18. SITE INSPECTION. CITY shall be allowed to inspect the construction


site at any time and CONTRACTOR shall make all areas of the construction site
available to inspection including, without limitation, any construction trailers or
offices at the site and all plans, drawings, documents, schedules, photographs
and other documentation relating to the Project.

19. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop
notices or liens to be filed on the project, and shall pay all costs and fees to CITY,
including without limitation attorneys fees, incurred by CITY because of the filing
of any such stop notice, lien or legal action relating thereto. CONTRACTOR
_______________________________________________________________________________
CONSTRUCTION PROJECTS AGREEMENT Updated March 9, 2015 Date Prepared: 02/22/2017
Demolition of Improvements along 24th Street: 2401 Spruce Street, 2400 Spruce Street, L.Skinner for Project Designer:
2401 Pine Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326-3580
C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\212ED1BA-8E46-4231-9536-567C47846116\PDFConvert.7768.1.DemoImprov_24th_Spruce-
Pine__Agr.Federal_Funded.docx

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agrees CITY may withhold from any funds held by CITY concerning the project
amounts sufficient to cover costs and fees, including without limitation attorneys
fees, incurred by CITY because of the filing of any stop notice, lien, or legal
action relating thereto.

20. EXECUTION. This Agreement is effective upon execution. It is the


product of negotiation and all parties are equally responsible for authorship of
this Agreement. Section 1654 of the California Civil Code shall not apply to the
interpretation of this Agreement.

21. NOTICES. All notices relative to this Agreement shall be given in


writing and shall be personally served or sent by certified or registered mail and
be effective upon actual personal service or depositing in the United States
mail. The parties shall be addressed as follows, or at any other address
designated by notice:

CITY: CITY OF BAKERSFIELD


PUBLIC WORKS DEPARTMENT
1600 Truxtun Avenue
Bakersfield, California 93301
(661) 326-3724

CONTRACTOR: PSC INDUSTRIAL OUTSOURCING, LP


5151 San Felipe, Ste. 1100
Houston, Texas 77056
(713) 985-5384

22. GOVERNING LAW. The laws of the State of California will govern
the validity of this Agreement, its interpretation and performance. Any litigation
arising in any way from this Agreement shall be brought in Kern County,
California.

23. ASSIGNMENT. Neither this Agreement nor any rights, interests,


duties, liabilities, obligations or responsibilities arising out of, concerning or
related in any way to this Agreement (including, but not limited to, accounts,
actions, causes of action, claims, damages, demands, liabilities, losses,
obligations, or reckonings of any kind or nature whatsoever, for compensatory or
exemplary and punitive damages, or declaratory, equitable or injunctive relief,
whether based on contract, equity, tort or other theories of recovery provided
for by the common or statutory law) may be assigned or transferred by any
party. Any such assignment is prohibited, and shall be unenforceable and
otherwise null and void without the need for further action by the non-assigning
_______________________________________________________________________________
CONSTRUCTION PROJECTS AGREEMENT Updated March 9, 2015 Date Prepared: 02/22/2017
Demolition of Improvements along 24th Street: 2401 Spruce Street, 2400 Spruce Street, L.Skinner for Project Designer:
2401 Pine Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326-3580
C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\212ED1BA-8E46-4231-9536-567C47846116\PDFConvert.7768.1.DemoImprov_24th_Spruce-
Pine__Agr.Federal_Funded.docx

-- Page 9 of 11 Pages --
party or parties.

24. BINDING EFFECT. The rights and obligations of this Agreement shall
inure to the benefit of, and be binding upon, the parties to the contract and
their heirs, administrators, executors, personal representatives, successors and
assigns, and whenever the context so requires, the masculine gender includes
the feminine and neuter, and the singular number includes the plural. This
Agreement may be executed in any number of counterparts, each of which
shall be considered as an original and be effective as such.

25. TITLE TO DOCUMENTS. All documents, plans, and drawings,


maps, photographs, and other papers (including, but not limited to, computer
or electronic data), or copies thereof prepared by CONTRACTOR pursuant to
the terms of this Agreement, shall, upon preparation, become the property of
the CITY.

26. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate


accounting records and other written documentation pertaining to all costs
incurred in performance of this Agreement. Such records and documentation
shall be kept at CONTRACTOR's office during the term of this Agreement, and for
a period of three (3) years from the date of the final payment hereunder, and
said records shall be made available to CITY representatives upon request at
any time during regular business hours. The term Accounting Records includes
the various subcontracts and purchase orders that CONTRACTOR has issued on
this Project. CITY reserves the right to review any or all those documents to
ensure compliance with the federal contract provisions.

27. CORPORATE AUTHORITY. Each individual signing this Agreement on


behalf of entities represent and warrant that they are, respectively, duly
authorized to sign on behalf of the entities and to bind the entities fully to each
and all of the obligations set forth in this Agreement.

28. TAX NUMBERS.


CONTRACTORs Federal Tax ID Number
CONTRACTOR is a corporation? Yes No X
(Please check one.)

29. CONTRACTORS LICENSE INFORMATION.


License Number 920704
Expiration Date 8/31/2018
License Classification A

_______________________________________________________________________________
CONSTRUCTION PROJECTS AGREEMENT Updated March 9, 2015 Date Prepared: 02/22/2017
Demolition of Improvements along 24th Street: 2401 Spruce Street, 2400 Spruce Street, L.Skinner for Project Designer:
2401 Pine Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326-3580
C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\212ED1BA-8E46-4231-9536-567C47846116\PDFConvert.7768.1.DemoImprov_24th_Spruce-
Pine__Agr.Federal_Funded.docx

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30. NON-INTEREST. No officer or employee of the CITY shall hold any
interest in this Agreement (California Government Code section 1090).

31. RESOURCE ALLOCATION. All obligations of CITY under the terms of


this Agreement are subject to the appropriation and allocation of resources by
the City Council.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to


be executed, the day and year first-above written.

"CITY" CONTRACTOR
CITY OF BAKERSFIELD PSC INDUSTRIAL OUTSOURCING, LP

By: By:
KAREN GOH
Mayor PRINT NAME: _________________________________________

Title:
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney

By:______________________________
ANDREW HEGLUND
Deputy City Attorney Insurance:__________________
JENA COVEY

APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT

By:_____________________________
NICK FIDLER
Public Works Director

COUNTERSIGNED:

By:_____________________________
NELSON SMITH
_______________________________________________________________________________
CONSTRUCTION PROJECTS AGREEMENT Updated March 9, 2015 Date Prepared: 02/22/2017
Demolition of Improvements along 24th Street: 2401 Spruce Street, 2400 Spruce Street, L.Skinner for Project Designer:
2401 Pine Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326-3580
C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\212ED1BA-8E46-4231-9536-567C47846116\PDFConvert.7768.1.DemoImprov_24th_Spruce-
Pine__Agr.Federal_Funded.docx

-- Page 11 of 11 Pages --
Finance Director

_______________________________________________________________________________
CONSTRUCTION PROJECTS AGREEMENT Updated March 9, 2015 Date Prepared: 02/22/2017
Demolition of Improvements along 24th Street: 2401 Spruce Street, 2400 Spruce Street, L.Skinner for Project Designer:
2401 Pine Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326-3580
C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\212ED1BA-8E46-4231-9536-567C47846116\PDFConvert.7768.1.DemoImprov_24th_Spruce-
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-- Page 12 of 12 Pages --
ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Consent - Bids v.

TO: Honorable Mayor and City Council


FROM: Nick Fidler, Public Works Director
DATE: 2/21/2017
WARD: Ward 2
SUBJECT: Accept bid and approve contract with PSC Industrial Outsourcing, LP
($89,900.00; 88.53% federally funded, 11.47% local match funded with
utility surcharge fees) for demolition of houses along 24th Street: 2401
Beech Street, 2400 Beech Street, 2401 Myrtle Street, 2400 Myrtle
Street, 2201 24th Street.

STAFF RECOMMENDATION:

Staff recommends acceptance of low bid and approval of contract.


BACKGROUND:

As part of the Thomas Roads Improvement Program (TRIP), the 24th Street Improvements
Project provides for additional capacity along this congested corridor. The 24th Street
Improvements Project consists generally of widening 24th Street from four lanes to six lanes
from Elm Street to C Street, reconstruction and restriping of the 23rd/24th Street one-way
couplet roadway segments from D Street to 0.2 miles east of M Street to provide four lanes in
each direction, improvements at the SR 99/24th Street interchange, expansion of the 24th
Street/Oak Street intersection to provide for four lanes in each direction along 24th Street
with additional turn lanes on Oak Street, and improvements to the S-curve at C street
for eastbound traffic.

This project is the second phase of multiple phases for demolitions along 24th Street that are
required in anticipation of the 24th Street Improvement Project. This project will remove five
houses; four are located on the north side of 24th Street, and one is located on the south side of
24th Street. The work includes asbestos and lead abatement, removal of houses, removal of
debris, installation of temporary site fencing as well as installing 8 high green screen fencing
(which will remain in place until soundwall construction is completed), grading of the site, applying
pre-emergent, and installing a 4 thick layer of wood chips.

On February 21, 2017 a total of four bids were received, the four acceptable bids are as follows:
PSC Industrial Outsourcing, LP
5151 San Felipe, STE. 1100 in the amount of $89,900.00
Houston, Texas, 77056
CVE Contracting Group, Inc.
4263 North Selland Ave in the amount of $111,460.00
Fresno, CA, 93722
Interior Demolition, Inc.
2621 Honolulu Ave in the amount of $130,000.00
Montrose, CA, 91020
Soils Engineering Inc.
4400 Yeager Way in the amount of $176,130.00
Bakersfield, CA, 93313

Sufficient funds are budgeted for the award of this project. The project is funded 88.53% by
federal earmark funds, and 11.47% by local matching funds with utility surcharge fees; therefore,
there is no General Fund impact associated with this project.

ATTACHMENTS:
Description Type
Agreement Agreement
AGREEMENT NO. _________________

CONSTRUCTION PROJECTS AGREEMENT

THIS AGREEMENT is made and entered into on ___________________ , by


and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein)
and PSC INDUSTRIAL OUTSOURCING, LP, a Limited Partnership, ("CONTRACTOR"
herein).

RECITALS

WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and


well qualified in the field of construction; and

WHEREAS, CONTRACTOR has conducted a thorough site inspection; and

WHEREAS, CITY desires to employ CONTRACTOR for the Demolition of


Improvements along 24th Street: 2401 Beech Street, 2400 Beech Street, 2401
Myrtle Street, 2400 Myrtle Street, and 2201 24th Street (Project herein), as set
forth herein.

NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and


CONTRACTOR mutually agree as follows:

1. SCOPE OF WORK. The scope of work to be performed consists, in


general, of demolition of improvements at 2401 Beech Street, 2400 Beech Street,
and 2401 Myrtle Street, 2400 Myrtle Street, and 2201 24th Street, and removal of
all structures, foundations, landscaping, fences where designated, debris, out
buildings, patios, asbestos or lead containing materials, and grading sites to
match existing grades, applying emergent systematic herbicide and applying a
4 layer of mulch to the finished grade (Project herein).

The scope of work shall include all items and procedures necessary to properly
complete the task CONTRACTOR has been hired to perform, whether
specifically included in the scope of work or not. CITY and CONTRACTOR agree
all communications relating to this Agreement must be in writing. CONTRACTOR
understands and agrees that the CITY is an urban area and underground
obstructions including, without limitation, water lines, electrical lines, sewer lines,
and gas lines are inherent in any work involving subsurface excavation. At a
minimum, CONTRACTOR must contact appropriate underground alert
authorities before starting any subsurface work.

1.1. The following shall be deemed to be part of this Agreement


as if fully set forth herein:
_______________________________________________________________________________
CONSTRUCTION PROJECTS AGREEMENT Updated March 9, 2015 Date Prepared: 02/22/2017
Demolition of Improvements along 24th Street: 2401 Beech, 2400 Beech Street, L.Skinner for Project Designer:
2401 Myrtle Street and 2400 Myrtle Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326-3580
C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\71DDB15A-1A19-48CF-9619-EB42E6BC5AC0\PDFConvert.7770.1.DemoImprov_24th_Beech-
Myrtle__Agr.Federal_Funded.docx

-- Page 1 of 11 Pages --
1.1.1. Notice to Contractors
1.1.2. Special Provisions
1.1.3. Bid Proposal
1.1.4. Bidder's Bond
1.1.5. Performance Bond
1.1.6. Material and Labor Bond
1.1.7. Letters of transmittal, if any
1.1.8. All provisions required by law to be inserted in this
contract whether actually inserted or not.
1.1.9. Current State of California DAS 140 Form
(if required by Specifications)
1.1.10. Drawings, if any.
1.1.11. Public Contract Code 22300 (Escrow Accounts).
1.1.12. Required Federal-Aid Contract Language
(Exhibit 12-G).
1.1.13. Required Contract Provisions Federal-Aid Contracts
(Form FHWA1273, Exhibit 12-G).
1.1.14. Subcontracting Request Form (Exhibit 16-B, LAPM).
1.1.15. Prevailing Wage Rates (Davis-Bacon).
1.1.16. Title VI Assurances and Appendices.
1.1.17. Current State of California DIR PWC 100 Form.

1.2. CONTRACTOR acknowledges that CITY is receiving federal-


aid for the construction of a portion of this Project. CONTRACTOR agrees to
physically incorporate all federally required contract provisions, including Form
FHWA-1273, in his various subcontracts and purchase orders for the federally
funded portions of this Project. CONTRACTOR acknowledges that failure to
incorporate Form FHWA-1273 into those subcontracts and purchase orders will
jeopardize CITYs eligibility for federal-aid funding. In the event of
noncompliance in regards to this requirement, CONTRACTOR will be required to
correct the noncompliance. CITY will withhold payment for subcontracted work
involved with the noncompliance from progress payments due, or to become
due, until correction is made. Failure to comply may result in termination of the
contract.

2. COMPENSATION. Compensation for all work, services or products


called for under this Agreement shall consist of a total payment of EIGHTY-NINE
THOUSAND, NINE HUNDRED DOLLARS AND ZERO CENTS ($89,900.00). The
compensation set forth in this section shall be the total compensation under this
Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY
shall pay only the compensation listed unless otherwise agreed to in writing by
the parties. For projects falling under Title 49 Code of Federal Regulations (CFR)
Part 26.29 the CITY shall not require the withholding of any retention from
_______________________________________________________________________________
CONSTRUCTION PROJECTS AGREEMENT Updated March 9, 2015 Date Prepared: 02/22/2017
Demolition of Improvements along 24th Street: 2401 Beech, 2400 Beech Street, L.Skinner for Project Designer:
2401 Myrtle Street and 2400 Myrtle Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326-3580
C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\71DDB15A-1A19-48CF-9619-EB42E6BC5AC0\PDFConvert.7770.1.DemoImprov_24th_Beech-
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-- Page 2 of 11 Pages --
CONTRACTOR. CONTRACTOR agrees that it will not cause retention to be
withheld from subcontractors working under this Agreement which are subject
to the provisions of 49 CFR Part 26.29. For projects, or any severable parts of a
project under Federal law, which do not fall under 49 CFR Part 26.29, CITY shall
retain ten percent (10%) from payments to CONTRACTOR, unless otherwise
required by State law, and does not limit or prohibit CONTRACTOR from requiring
retention from subcontractors.

3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services


rendered in accordance with the Special Provisions applicable to this Project.

4. SCHEDULING. When required by CITY in contract bid documents, or


upon reasonable notice, CONTRACTOR shall supply CITY with scheduling
documents showing all information in a form requested by CITY. CONTRACTORs
scheduling personnel shall have experience in and be knowledgeable in
scheduling. CITY may require CONTRACTOR to supply the schedule on
programs named by CITY (Microsoft Project for example), and may require said
schedules to be undated or revised on a regular basis. CITY may require
recovery schedules if CONTRACTOR falls behind the Project schedule. CITYs
review or comment on the schedule shall not constitute acceptance thereof.

5. NO WAIVER OF DEFAULT. The failure of any party to enforce against


another party any provision of this Agreement shall not constitute a waiver of
that party's right to enforce such a provision at a later time, and shall not serve
to vary the terms of this Agreement.

6. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in


effect or obtain at all times during the term of this Agreement any licenses,
permits and approvals which are legally required for CONTRACTOR to practice
its profession.

7. STANDARD OF PERFORMANCE. All work shall be performed in


conformity with all legal requirements and industry standards observed by a
specialist of the profession in California.

8. MERGER AND MODIFICATION. All prior agreements between the


parties are incorporated in this Agreement which constitutes the entire
agreement. Its terms are intended by the parties as a final expression of their
agreement with respect to such terms as are included herein and may not be
contradicted by evidence of any prior agreement or contemporaneous oral
agreement. The parties further intend this Agreement constitutes the complete
and exclusive statement of its terms and no extrinsic evidence whatsoever may
be introduced in any judicial or arbitration proceeding involving this Agreement.
_______________________________________________________________________________
CONSTRUCTION PROJECTS AGREEMENT Updated March 9, 2015 Date Prepared: 02/22/2017
Demolition of Improvements along 24th Street: 2401 Beech, 2400 Beech Street, L.Skinner for Project Designer:
2401 Myrtle Street and 2400 Myrtle Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326-3580
C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\71DDB15A-1A19-48CF-9619-EB42E6BC5AC0\PDFConvert.7770.1.DemoImprov_24th_Beech-
Myrtle__Agr.Federal_Funded.docx

-- Page 3 of 11 Pages --
This Agreement may be modified only in a writing approved by the City Council
and signed by all the parties.

9. EXHIBITS. In the event of a conflict between the terms, conditions or


specifications set forth in this Agreement and those in exhibits attached hereto,
the terms, conditions, or specifications set forth in this Agreement shall prevail.
All exhibits to which reference is made in this Agreement are deemed
incorporated in this Agreement, whether or not actually attached.

10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at


CONTRACTOR's sole cost, comply with all of the requirements of Municipal,
State, and Federal authorities now in force, or which may hereafter be in force,
pertaining to this Agreement, and shall faithfully observe in all activities relating
to or growing out of this Agreement all Municipal ordinances and State and
Federal statutes, rules or regulations, and permitting requirements now in force
or which may hereafter be in force including, without limitation, obtaining a City
of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02)
where required.

11. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1


applies to this Agreement, a contractor or subcontractor shall not be qualified
to bid on, be listed in a bid proposal, be subject to the requirements of Section
4104 of the Public Contract Code, or engage in the performance of any
contract for public work, as defined in this chapter, unless currently registered
and qualified to perform public work pursuant to Section 1725.5. It is not a
violation of Labor Code Section 1771.1 for an unregistered contractor to submit
a bid that is authorized by Section 7029.1 of the Business and Professions Code or
by Section 10164 or 20103.5 of the Public Contract Code, provided the
contractor is registered to perform public work pursuant to Section 1725.5 at the
time the contract is awarded. The prime contractor is required to post job site
notices in compliance with Title 8 California Code of Regulations Section 16451.
This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations.

12. INDEPENDENT CONTRACTOR. This Agreement calls for the


performance of the services of CONTRACTOR as an independent contractor.
CONTRACTOR is not an agent or employee of the CITY for any purpose and is
not entitled to any of the benefits provided by CITY to its employees. This
Agreement shall not be construed as forming a partnership or any other
association with CONTRACTOR other than that of an independent contractor.
CONTRACTOR retains the right to control the manner in which the services
described herein are performed and CONTRACTOR will supply all equipment,
tools, materials and supplies necessary to perform the services set forth in this
Agreement.
_______________________________________________________________________________
CONSTRUCTION PROJECTS AGREEMENT Updated March 9, 2015 Date Prepared: 02/22/2017
Demolition of Improvements along 24th Street: 2401 Beech, 2400 Beech Street, L.Skinner for Project Designer:
2401 Myrtle Street and 2400 Myrtle Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326-3580
C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\71DDB15A-1A19-48CF-9619-EB42E6BC5AC0\PDFConvert.7770.1.DemoImprov_24th_Beech-
Myrtle__Agr.Federal_Funded.docx

-- Page 4 of 11 Pages --
13. INSURANCE and BONDS. In addition to any other insurance or bond
required under this Agreement, the CONTRACTOR shall procure and maintain
for the duration of this Agreement the following types and limits of insurance
("basic insurance requirements") herein:

13.1. Automobile liability insurance, providing coverage on an


occurrence basis for bodily injury, including death, of one or more persons,
property damage and personal injury, with limits of not less than One Million
Dollars ($1,000,000) per occurrence; and the policy shall:

13.1.1. Provide coverage for owned, non-owned and hired


autos.
13.2. Broad form commercial general liability insurance, unless
otherwise approved by the CITYs Risk Manager, providing coverage on an
occurrence basis for bodily injury, including death, of one or more persons,
property damage and personal injury, with limits of not less than One Million
Dollars ($1,000,000) per occurrence; and the policy shall:

13.2.1. Provide contractual liability coverage for the terms of


this Agreement.

13.2.2. Provide unlimited products and completed


operations coverage.

13.2.3. Contain an additional insured endorsement in favor


of the CITY, its mayor, council, officers, agents,
employees and volunteers.

13.2.4. All policies shall be written on a first-dollar coverage


basis, or contain a deductible provision. Subject to
advance approval by the CITY, CONTRACTOR may
utilize a Self-Insured Retention provided that the
policy shall not contain language, whether added
by endorsement or contained in the Policy
Conditions, that prohibits satisfaction of any Self-
Insured provision or requirement by anyone other
than the Named Insured, or by any means including
other insurance or which is intended to defeat the
intent or protection of an Additional Insured.

13.3. Workers' compensation insurance with statutory limits and


employer's liability insurance with limits of not less than One Million Dollars
_______________________________________________________________________________
CONSTRUCTION PROJECTS AGREEMENT Updated March 9, 2015 Date Prepared: 02/22/2017
Demolition of Improvements along 24th Street: 2401 Beech, 2400 Beech Street, L.Skinner for Project Designer:
2401 Myrtle Street and 2400 Myrtle Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326-3580
C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\71DDB15A-1A19-48CF-9619-EB42E6BC5AC0\PDFConvert.7770.1.DemoImprov_24th_Beech-
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-- Page 5 of 11 Pages --
($1,000,000) per accident; and the policy shall contain a waiver of subrogation
in favor of the CITY, its mayor, council, officers, agents, employees and
volunteers.

13.4. All policies required of the CONTRACTOR shall be primary


insurance as to the CITY, its mayor, council, officers, agents, employees, or
designated volunteers and any insurance or self-insurance maintained by the
CITY, its mayor, council, officers, agents, employees, and designated volunteers
shall be excess of the CONTRACTOR's insurance and shall not contribute with it.

13.5. Except for workers compensation, insurance is to be placed


with insurers with a Bests rating as approved by CITYs Risk Manager, but in no
event less than A-:VII. Any deductibles, self-insured retentions or insurance in
lesser amounts, or lack of certain types of insurance otherwise required by this
Agreement, or insurance rated below Bests A-:VII, must be declared prior to
execution of this Agreement and approved by the CITY in writing.

13.6. Unless otherwise approved by CITYs Risk Manager, all policies


shall contain an endorsement providing the CITY with thirty (30) days written
notice of cancellation or material change in policy language or terms. All
policies shall provide that there shall be continuing liability thereon,
notwithstanding any recovery on any policy. Copies of policies shall be
delivered to CITY on demand.

13.7. The insurance required hereunder shall be maintained until all


work required to be performed by this Agreement is satisfactorily completed as
evidenced by written acceptance by the CITY.

13.8. The CONTRACTOR shall furnish the City Risk Manager with a
certificate of insurance and required endorsements evidencing the insurance
and bonds required. The CITY may withdraw its offer of contract if certificates of
insurance and endorsements and bonds required have not been provided as
required by the Special Provisions.

13.9. Full compensation for all premiums which the CONTRACTOR is


required to pay on all the insurance described herein shall be considered as
included in the prices paid for the various items of work to be performed under
the Agreement, and no additional allowance will be made therefor or for
additional premiums which may be required by extensions of the policies of
insurance.

13.10. It is further understood and agreed by the CONTRACTOR that


its liability to the CITY shall not in any way be limited to or affected by the
_______________________________________________________________________________
CONSTRUCTION PROJECTS AGREEMENT Updated March 9, 2015 Date Prepared: 02/22/2017
Demolition of Improvements along 24th Street: 2401 Beech, 2400 Beech Street, L.Skinner for Project Designer:
2401 Myrtle Street and 2400 Myrtle Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326-3580
C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\71DDB15A-1A19-48CF-9619-EB42E6BC5AC0\PDFConvert.7770.1.DemoImprov_24th_Beech-
Myrtle__Agr.Federal_Funded.docx

-- Page 6 of 11 Pages --
amount of insurance obtained and carried by the CONTRACTOR in connection
with this Agreement.

13.11. Unless otherwise approved by the CITY, if any part of the work
under this Agreement is subcontracted, the "basic insurance requirements" set
forth above shall be provided by, or on behalf of, all subcontractors even if the
CITY has approved lesser insurance requirements for CONTRACTOR.

13.12. CONTRACTOR shall provide performance, labor and material


bonds in amounts and in a form suitable to the CITY. CITY shall approve in
writing all such security instruments prior to the commencement of work on the
Project.

14. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will
timely notify CONTRACTOR of third party claims relating to this contract. CITY
shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on
demand, all costs of notification.

15. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold


harmless CITY, its officers, agents and employees against any and all liability,
claims, actions, causes of action or demands whatsoever against them, or any
of them, before administrative or judicial tribunals of any kind whatsoever,
arising out of, connected with, or caused by CONTRACTOR, CONTRACTORs
employees, agents, independent contractors, companies, or subcontractors in
the performance of, or in any way arising from, the terms and provisions of this
Agreement whether or not caused in part by a party indemnified hereunder,
except for CITYs sole active negligence or willful misconduct.

16. TERMINATION. This Agreement may be terminated as set forth in


the Special Provisions for this Project. If no termination clauses are included in
the Special provision this Agreement may be terminated for CONTRACTOR
default. The following circumstances shall be deemed a CONTRACTOR default:
1) a material breach of the contract where CONTRACTOR fails to cure said
breach within ten (10) days of notice from CITY. If said breach cannot
reasonably be cured within ten (10) days CONTRACTOR must have taken
significant steps to cure said breach including, without limitation, providing a
written plan acceptable to CITY to cure the default and immediately
commencing to cure the default; 2) violation of any law, statute, regulation,
rule, ordinance, permit or order of any governmental agency by CONTRACTOR
applicable to the Project and where CONTRACTOR does not cure said violation
within ten (10) days of the date of the notice of violation or notice from CITY
demanding a cure, whichever is earlier; 3) CONTRACTOR makes an assignment
for benefit of creditors, admits an inability to pay debts, files a petition in
_______________________________________________________________________________
CONSTRUCTION PROJECTS AGREEMENT Updated March 9, 2015 Date Prepared: 02/22/2017
Demolition of Improvements along 24th Street: 2401 Beech, 2400 Beech Street, L.Skinner for Project Designer:
2401 Myrtle Street and 2400 Myrtle Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326-3580
C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\71DDB15A-1A19-48CF-9619-EB42E6BC5AC0\PDFConvert.7770.1.DemoImprov_24th_Beech-
Myrtle__Agr.Federal_Funded.docx

-- Page 7 of 11 Pages --
bankruptcy or is otherwise determined bankrupt or insolvent; 4) CONTRACTOR
fails to adequately respond in writing to CITYs written demand for adequate
assurances. CONTRACTOR must respond to CITYS demand for adequate
assurances within ten (10) days in writing with all necessary information to assure
CITY that CONTRACTOR has the financial and other necessary resources to
perform the contract without breach. All information requested by CITY shall be
supplied or CONTRACTOR will be in material breach of this Agreement.

16.1. In the event of termination by CITY as set forth above,


CONTRACTOR shall remain fully liable for any work not completed, liquidated
damages (as set forth in the Special Provisions), delays by follow up contractors,
materials and equipment provided, designs commenced through the date of
termination, and consequential damages. CONTRACTOR will immediately
deliver to CITY possession of the work including all designs, engineering, project
records, cost data, drawing specifications and contracts, and construction
supplies and aids dedicated solely to performing the work. CONTRACTOR shall
assign all subcontracts to CITY, however, CITY may accept or reject said
subcontracts at its sole discretion.

16.2. CITY and CONTRACTOR agree that should CITYs termination


for cause be determined by a court of law to be wrongful or without cause,
such termination will be treated as a termination for convenience entitling
CONTRACTOR to an equitable settlement for claims and liabilities outstanding at
the date of termination and reasonable compensation for work actually
performed to the date of termination. No other compensation shall be due
CONTRACTOR for termination for convenience.

17. REMEDIES. The remedies provided in this Agreement are cumulative


and are in addition to any other remedies in law or equity which may be
available to CITY. The election of one or more remedies shall not bar the use of
other remedies unless the circumstances make the remedies incompatible.

18. SITE INSPECTION. CITY shall be allowed to inspect the construction


site at any time and CONTRACTOR shall make all areas of the construction site
available to inspection including, without limitation, any construction trailers or
offices at the site and all plans, drawings, documents, schedules, photographs
and other documentation relating to the Project.

19. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop
notices or liens to be filed on the project, and shall pay all costs and fees to CITY,
including without limitation attorneys fees, incurred by CITY because of the filing
of any such stop notice, lien or legal action relating thereto. CONTRACTOR
agrees CITY may withhold from any funds held by CITY concerning the project
_______________________________________________________________________________
CONSTRUCTION PROJECTS AGREEMENT Updated March 9, 2015 Date Prepared: 02/22/2017
Demolition of Improvements along 24th Street: 2401 Beech, 2400 Beech Street, L.Skinner for Project Designer:
2401 Myrtle Street and 2400 Myrtle Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326-3580
C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\71DDB15A-1A19-48CF-9619-EB42E6BC5AC0\PDFConvert.7770.1.DemoImprov_24th_Beech-
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-- Page 8 of 11 Pages --
amounts sufficient to cover costs and fees, including without limitation attorneys
fees, incurred by CITY because of the filing of any stop notice, lien, or legal
action relating thereto.

20. EXECUTION. This Agreement is effective upon execution. It is the


product of negotiation and all parties are equally responsible for authorship of
this Agreement. Section 1654 of the California Civil Code shall not apply to the
interpretation of this Agreement.

21. NOTICES. All notices relative to this Agreement shall be given in


writing and shall be personally served or sent by certified or registered mail and
be effective upon actual personal service or depositing in the United States
mail. The parties shall be addressed as follows, or at any other address
designated by notice:

CITY: CITY OF BAKERSFIELD


PUBLIC WORKS DEPARTMENT
1600 Truxtun Avenue
Bakersfield, California 93301
(661) 326-3724

CONTRACTOR: PSC INDUSTRIAL OUTSOURCING, LP


5151 San Felipe, Ste. 1100
Houston, Texas 77056
(713) 985-5384

22. GOVERNING LAW. The laws of the State of California will govern
the validity of this Agreement, its interpretation and performance. Any litigation
arising in any way from this Agreement shall be brought in Kern County,
California.

23. ASSIGNMENT. Neither this Agreement nor any rights, interests,


duties, liabilities, obligations or responsibilities arising out of, concerning or
related in any way to this Agreement (including, but not limited to, accounts,
actions, causes of action, claims, damages, demands, liabilities, losses,
obligations, or reckonings of any kind or nature whatsoever, for compensatory or
exemplary and punitive damages, or declaratory, equitable or injunctive relief,
whether based on contract, equity, tort or other theories of recovery provided
for by the common or statutory law) may be assigned or transferred by any
party. Any such assignment is prohibited, and shall be unenforceable and
otherwise null and void without the need for further action by the non-assigning
party or parties.
_______________________________________________________________________________
CONSTRUCTION PROJECTS AGREEMENT Updated March 9, 2015 Date Prepared: 02/22/2017
Demolition of Improvements along 24th Street: 2401 Beech, 2400 Beech Street, L.Skinner for Project Designer:
2401 Myrtle Street and 2400 Myrtle Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326-3580
C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\71DDB15A-1A19-48CF-9619-EB42E6BC5AC0\PDFConvert.7770.1.DemoImprov_24th_Beech-
Myrtle__Agr.Federal_Funded.docx

-- Page 9 of 11 Pages --
24. BINDING EFFECT. The rights and obligations of this Agreement shall
inure to the benefit of, and be binding upon, the parties to the contract and
their heirs, administrators, executors, personal representatives, successors and
assigns, and whenever the context so requires, the masculine gender includes
the feminine and neuter, and the singular number includes the plural. This
Agreement may be executed in any number of counterparts, each of which
shall be considered as an original and be effective as such.

25. TITLE TO DOCUMENTS. All documents, plans, and drawings,


maps, photographs, and other papers (including, but not limited to, computer
or electronic data), or copies thereof prepared by CONTRACTOR pursuant to
the terms of this Agreement, shall, upon preparation, become the property of
the CITY.

26. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate


accounting records and other written documentation pertaining to all costs
incurred in performance of this Agreement. Such records and documentation
shall be kept at CONTRACTOR's office during the term of this Agreement, and for
a period of three (3) years from the date of the final payment hereunder, and
said records shall be made available to CITY representatives upon request at
any time during regular business hours. The term Accounting Records includes
the various subcontracts and purchase orders that CONTRACTOR has issued on
this Project. CITY reserves the right to review any or all those documents to
ensure compliance with the federal contract provisions.

27. CORPORATE AUTHORITY. Each individual signing this Agreement on


behalf of entities represent and warrant that they are, respectively, duly
authorized to sign on behalf of the entities and to bind the entities fully to each
and all of the obligations set forth in this Agreement.

28. TAX NUMBERS.


CONTRACTORs Federal Tax ID Number
CONTRACTOR is a corporation? Yes No X
(Please check one.)

29. CONTRACTORS LICENSE INFORMATION.


License Number 920704
Expiration Date 8/31/2018
License Classification A, C22

30. NON-INTEREST. No officer or employee of the CITY shall hold any

_______________________________________________________________________________
CONSTRUCTION PROJECTS AGREEMENT Updated March 9, 2015 Date Prepared: 02/22/2017
Demolition of Improvements along 24th Street: 2401 Beech, 2400 Beech Street, L.Skinner for Project Designer:
2401 Myrtle Street and 2400 Myrtle Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326-3580
C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\71DDB15A-1A19-48CF-9619-EB42E6BC5AC0\PDFConvert.7770.1.DemoImprov_24th_Beech-
Myrtle__Agr.Federal_Funded.docx

-- Page 10 of 11 Pages --
interest in this Agreement (California Government Code section 1090).

31. RESOURCE ALLOCATION. All obligations of CITY under the terms of


this Agreement are subject to the appropriation and allocation of resources by
the City Council.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to


be executed, the day and year first-above written.

"CITY" CONTRACTOR
CITY OF BAKERSFIELD PSC INDUSTRIAL OUTSOURCING, LP

By: By:
KAREN GOH
Mayor PRINT NAME: _________________________________________

Title:
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney

By:______________________________
ANDREW HEGLUND
Deputy City Attorney Insurance:__________________
JENA COVEY

APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT

By:_____________________________
NICK FIDLER
Public Works Director

COUNTERSIGNED:

By:_____________________________
NELSON SMITH
Finance Director
_______________________________________________________________________________
CONSTRUCTION PROJECTS AGREEMENT Updated March 9, 2015 Date Prepared: 02/22/2017
Demolition of Improvements along 24th Street: 2401 Beech, 2400 Beech Street, L.Skinner for Project Designer:
2401 Myrtle Street and 2400 Myrtle Street (City Project No. TRRH34) Elvis Siguenza: Telephone: (661)326-3580
C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\71DDB15A-1A19-48CF-9619-EB42E6BC5AC0\PDFConvert.7770.1.DemoImprov_24th_Beech-
Myrtle__Agr.Federal_Funded.docx

-- Page 11 of 11 Pages --
ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Consent - Miscellaneous w.

TO: Honorable Mayor and City Council


FROM: Dianne Hoover, Director of Recreation & Parks
DATE: 2/14/2017
WARD: Ward 2
SUBJECT: Appropriate $15,000 from the Park Improvement Fund Zone 2 for the
replacement of the pergola shade fabric at McMurtrey Aquatics Center.

STAFF RECOMMENDATION:

Staff recommends approval of appropriation.


BACKGROUND:

The McMurtrey Aquatics Center (MCM) opened to the public on August 20, 2003. In November,
2016, the MCM closed for major renovations of the slides, diving boards, locker rooms and
outdoor pergola area. The pergola provides shade to guests entering the facility as well as
protection over the concession and picnic area. The shade pergola at the MCM is original to the
center. During recent renovations, the shade fabric was removed in order to paint the pergola
structure. After painting was completed, crews determined that the shade fabric was unable to be
reinstalled due to deterioration of the fabric. All 24 pieces of fabric were torn and weathered
beyond repair. Additionally, the previous shade fabric did not comply with current fire code or
provide adequate ultraviolet (UV) protection. New fabric for the pergola is essential to the
operations of the MCM during the hot summer months, therefore purchasing and installing the
fabric prior to the May opening is necessary.

City staff recommends the appropriation of $15,000 from the Park Improvement Fund (Zone 2)
for the replacement of the shade structure fabric. New fabric will be fire retardant and provide
appropriate UV protection. If approved, the project is anticipated to be completed no later than
May 2017. There is no impact to the General Fund since this project would be funded through
the Park Improvement Fund (zone 2).
ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Consent - Miscellaneous x.

TO: Honorable Mayor and City Council


FROM: Nelson K. Smith, Finance Director
DATE: 2/23/2017
WARD:
SUBJECT: Acceptance of Audit Reports for the 2015-16 Fiscal Year:

1. Comprehensive Annual Financial Report (CAFR) for the fiscal year


ended June 30, 2016.
2. Agreed Upon Conditions Report for the fiscal year ended June 30,
2016.
3. Auditor Communication With Those Charged With Governance
(SAS 114 Letter) for fiscal year ended June 30, 2016.
4. Independent Auditors Report Compliance with Contractual
Requirements relative to the Bakersfield Subregional Wastewater
Management Plan for the year ended June 30, 2016.
5. Independent Auditors Report on Appropriations Limit Worksheet
(GANN Limit) of the City of Bakersfield for the fiscal year ended
June 30, 2016.
6. Independent Auditors Report Rabobank Arena, Theater,
Convention Center, Bakersfield Ice Sports Center & Brighthouse
Networks Amphitheatre for the fiscal year ended June 30, 2016.
7. Single Audit Report for fiscal year ended June 30, 2016.

STAFF RECOMMENDATION:

Budget and Finance Committee Recommends Acceptance of the Audit Reports


BACKGROUND:

The above referenced audit reports were provided to the City Council at their December 14,
2016 meeting. The Council referred the reports to the Budget and Finance Committee for
review and discussion.

The Budget and Finance Committee met on March 2, 2017 and reviewed the audit reports with
City staff and the independent outside audit firm of Brown Armstrong. As a result of that meeting
the Budget and Finance Committee recommended the various reports be accepted by the City
Council.
ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Consent - Miscellaneous y.

TO: Honorable Mayor and City Council


FROM: Lisa McGranahan, Human Resources Manager
DATE: 2/27/2017
WARD:
SUBJECT: Revised Job specifications: Assistant to the City Manager (89330);
Director of Technology Services (89870); Assistant Director of
Technology Services (89900); Human Resources Analyst I (27010);
and Human Resources Analyst II (27000).

STAFF RECOMMENDATION:

Staff recommends approval of revised job specifications.


BACKGROUND:

City Manager's Office

Due to business necessity, Human Resources is updating the job specification of the Assistant
to the City Manager. As of today, the job specification includes the language that an employee in
this role may be called upon to work in the areas of Risk Management, Human Resources, Labor
Relations and Finance. The function that is not included in the job specification, in order for it to
be comprehensive, is the area of the City Clerk.

This change to the job specification will allow much more flexibility with internal resources and will
allow for the performance of work in various areas of the City Manager's Office during periods of
absence or vacancy.

Technology Services Division

In February 2015, the Communications and Information Technology Divisions were merged to
create a single work group to aid all City departments in the delivery of information technology
services. As a result of these changes, the division has also adopted a name change from
Information Technology to Technology Services to reflect the additional services and staff it now
encompasses.

Therefore, the changes to the job specifications will accurately reflect all changes relevant to the
position, title and functions of the division.
With the Director of Technology Services scheduled to retire in the near future, these changes
will aid in the recruitment of a successor by accurately reflecting the division composition.

Human Resources Division

Traditionally, the Human Resources Analyst I and II positions have not been subject to the "flex"
rules. This has hindered the division from preparing successors by the inability to cross-train on
certain Human Resource matters in order to be mindful of the current job specifications.

Revisions to the job specification will allow for additional flexibility by the Human Resources
Division to offer services more consistently, and will also allow the preparation of the division for
absences, vacancies and succession planning.

Language was changed and/or added to reflect the actual job duties and current industry
terminology listed in the class summary, essential job duties, distinguishing characteristics,
knowledge and abilities, licenses, certificates and special requirements and physical or special
working conditions.

Service Employees International Union (SEIU), Local 521 has reviewed and supports the
revised job specifications for Human Resources Analyst I and II. There is no budgetary impact
as the salary will remain the same for all positions. The revised job specifications were
presented and approved by the Miscellaneous Civil Service Board at their February 28, 2017
meeting.

ATTACHMENTS:
Description Type
Assistant To The City Manger-Clear copy Backup Material
Assistant To The City Manager-With markups Backup Material
Director Of Technology Services-Clear copy Backup Material
Director Of Technology Services-with markups Backup Material
Assistant Director Of Technology Services-Clear copy Backup Material
Assistant Director or Technology Services-With markups Backup Material
Human Resources Analyst I-Clear copy Backup Material
Human Resources Analyst I-With markups Backup Material
Human Resources Analyst II-Clear copy Backup Material
Human Resource Analyst II-With markups Backup Material
CITY OF BAKERSFIELD CLASS SPECIFICATION: 89330
UNIT: MANAGEMENT
EEO4: OFFICIALS/ADMINISTRATION

CLASS TITLE: ASSISTANT TO THE CITY MANAGER

CLASS SUMMARY:
Under administrative direction, performs work of unusual complexity in assisting the City
Manager in the general operation and administration of the City government which is
responsible for analyzing and preparing the annual City budget; assisting the City
Manager and City Council; providing administrative and budgetary guidance to
department heads and departmental administrative personnel regarding City services
and business affairs; conducting administrative studies and analyses; preparing
recommendations and reports; and performing related work as required.

REPRESENTATIVE DUTIES:
The following typical tasks and responsibilities are representative of the positions
essential duties. They are descriptive, not limiting.
Essential Duties:
Plans and conducts technical administrative studies and analyses; responsible for the
compilation, analysis, and control of the annual City budget; gathers, formulates
recommendations, prepares and presents reports and special studies; investigates and
evaluates needs for changes in budgetary allocations during the fiscal year; answers
correspondence; consults with and assists department heads in solving administrative
problems; assists in implementing City Council policies; performs difficult analytical
studies of organizational structure, systems, procedures, policies and practices, and
techniques; provides administrative and budgetary assistance to departments; assists in
the compilation and analysis of employee organizations salary and fringe benefit
requests; responsible for the proper flow of administrative materials in the City
Managers office; implements official actions taken throughout the organization and in
connection with the various boards, agencies, and Council committees. Responsible
for intergovernmental relations in regards to legislation and grantsmanship. Acts as staff
support to the City Manager and the City Council; maintains permanent records of
actions taken by various committees of the City Council and various boards and
commissions, including acting as official custodian of City records and secretary to the
City Council by directing the operation of the Citys centralized records system when
necessary. Works with the City Manager in organizational development and
productivity improvements. May be called upon to work in the areas of Risk
Management, Labor Relations, Finance, City Clerk, and Human Resources, up to and
including acting as division head for any of the aforementioned divisions.

DISTINGUISHING CHARACTERISTICS:
This class is distinguished from the Assistant City Manager in that the Assistant to the City
Manager is required to assist the City Manager and other Assistant City Managers
regarding departmental financial and administrative matters as well as act as a liaison
with other department heads. In addition, the incumbent has considerable discretion
and latitude for the exercise of independent judgment.
CLASS TITLE: ASSISTANT TO THE CITY MANAGER (continued) 89330

MINIMUM QUALIFICATIONS:
Training and Experience: Graduation from an accredited college with a BA Degree in
Public or Business Administration, Economics, or related field, and three years of
increasingly responsible administrative and financial experience; or an equivalent
combination of training and experience which provides the capabilities to perform the
described job duties. Masters Degree desirable.

Knowledge, Abilities, and Skills:


Knowledge of: Administrative techniques, including principles of budgeting,
organization, planning, coordination, and personnel administration; of the techniques
of administrative analysis; of statistics and graphic presentation; related computer
applications such as word processing and spreadsheet software.

Ability to: Interpret rules and regulations; devise and effectively prepare and present
reports and recommendations; ability to recognize problems and to develop effective
solutions; ability to evaluate and
edit reports and recommendations; to establish and maintain effective working
relationships with City officers, employees, and the public; ability to supervise and
evaluate the work of technical personnel.

Licenses; Certificates; and Special Requirements:


Possession of a valid California Class "C" driver's license.

Physical Conditions or Special Working Conditions:


Standard office environment and working conditions.

Approved by Miscellaneous Civil Service Board: June 19, 2007


Approved by the City Council: June 20, 2007
Approved by Miscellaneous Civil Service Board:
Approved by the City Council:

S:\Job Specs\Revised Job Specs\ASSISTANT TO THE CITY MANAGER 89330-Clear Copy Revised 2.2017.doc
CITY OF BAKERSFIELD CLASS SPECIFICATION: 89330
UNIT: MANAGEMENT
EEO4: OFFICIALS/ADMINISTRATION

CLASS TITLE: ASSISTANT TO THE CITY MANAGER

CLASS SUMMARY:
Under administrative direction, performs work of unusual complexity in assisting the City
Manager in the general operation and administration of the City government which is
responsible for analyzing and preparing the annual City budget; assisting the City
Manager and City Council; providing administrative and budgetary guidance to
department heads and departmental administrative personnel regarding City services
and business affairs; conducting administrative studies and analyses; preparing
recommendations and reports; and performing related work as required.

REPRESENTATIVE DUTIES:
The following typical tasks and responsibilities are representative of the positions
essential duties. They are descriptive, not limiting.
Essential Duties:
Plans and conducts technical administrative studies and analyses; responsible for the
compilation, analysis, and control of the annual City budget; gathers, formulates
recommendations, prepares and presents reports and special studies; investigates and
evaluates needs for changes in budgetary allocations during the fiscal year; answers
correspondence; consults with and assists department heads in solving administrative
problems; assists in implementing City Council policies; performs difficult analytical
studies of organizational structure, systems, procedures, policies and practices, and
techniques; provides administrative and budgetary assistance to departments; assists in
the compilation and analysis of employee organizations salary and fringe benefit
requests; responsible for the proper flow of administrative materials in the City
Managers office; implements official actions taken throughout the organization and in
connection with the various boards, agencies, and Council committees. Responsible
for intergovernmental relations in regards to legislation and grantsmanship. Acts as staff
support to the City Manager and the City Council; maintains permanent records of
actions taken by various committees of the City Council and various boards and
commissions, including acting as official custodian of City records and secretary to the
City Council by directing the operation of the Citys centralized records system when
necessary. Works with the City Manager in organizational development and
productivity improvements. May be called upon to work in the areas of Risk
Management, Labor Relations, Finance, City Clerk, and Human Resources, up to and
including acting as division head for any of the aforementioned divisions.

DISTINGUISHING CHARACTERISTICS:
This class is distinguished from the Assistant City Manager in that the Assistant to the City
Manager is required to assist the City Manager and other Assistant City Managers
regarding departmental financial and administrative matters as well as act as a liaison
with other department heads. In addition, the incumbent has considerable discretion
and latitude for the exercise of independent judgment.
CLASS TITLE: ASSISTANT TO THE CITY MANAGER (continued) 89330

MINIMUM QUALIFICATIONS:
Training and Experience: Graduation from an accredited college with a BA Degree in
Public or Business Administration, Economics, or related field, and three years of
increasingly responsible administrative and financial experience; or an equivalent
combination of training and experience which provides the capabilities to perform the
described job duties. Masters Degree desirable.

Knowledge, Abilities, and Skills:


Knowledge of: Administrative techniques, including principles of budgeting,
organization, planning, coordination, and personnel administration; of the techniques
of administrative analysis; of statistics and graphic presentation; related computer
applications such as word processing and spreadsheet software.

Ability to: Interpret rules and regulations; devise and effectively prepare and present
reports and recommendations; ability to recognize problems and to develop effective
solutions; ability to evaluate and
edit reports and recommendations; to establish and maintain effective working
relationships with City officers, employees, and the public; ability to supervise and
evaluate the work of technical personnel.

Licenses; Certificates; and Special Requirements:


Possession of a valid California Class "C" driver's license.

Physical Conditions or Special Working Conditions:


Standard office environment and working conditions.

Approved by Miscellaneous Civil Service Board: June 19, 2007


Approved by the City Council: June 20, 2007
Approved by Miscellaneous Civil Service Board:
Approved by the City Council:

S:\Job Specs\Revised Job Specs\ASSISTANT TO THE CITY MANAGER 89330-Revised 2.2017.doc


CITY OF BAKERSFIELD CLASS SPECIFICATION: 89870
UNIT: MANAGEMENT
EEO4: OFFICIAL/ADMINISTRATORS

CLASS TITLE: DIRECTOR OF TECHNOLOGY SERVICES

CLASS SUMMARY:
Under administrative direction of the City Manager, plans and directs the operations of
the City's Technology Services Division; plans, coordinates, and recommends
information systems and services to meet the City's technology service needs; and
performs other work as required.

REPRESENTATIVE DUTIES:
The following typical tasks and responsibilities are representative of this class. They are
descriptive, not limiting.
Develops and directs the implementation of goals, objectives, policies and work
standards for the City's central technology services function
Confers with City management regarding current and anticipated information
technology requirements and the feasibility of alternative approaches to
meeting these requirements
Develops long and short-range plans for hardware and software upgrades
Confers with City management to prioritize applications development and
enhancement requests
Directs, plans and participates in systems design and oversees the development
and implementation processes
Directs computer operations activities
Analyzes City department business operations to evaluate the need for and
recommends the most effective use of equipment and personnel
Establishes City-wide standards for hardware, software and local and wide area-
networking technologies for use by City departments
Evaluates and justifies Citys technology services budget requests
Keeps informed on new data processing technologies and capabilities
Provides technical assistance in area of responsibility to other departments as
needed
Evaluates off-the-shelf software for personal computers and networking
applications and makes recommendations to insure compatibility and
effectiveness.
May assist in the evaluation, implementation and management of various City-
wide information functions such as: audio visual and telecommunication
systems, mail distribution, duplication equipment such as facsimile and copiers,
and records management systems.
Directs and administers the budget
Plans, organizes and evaluates the work of professional and technical support
staff
CLASS TITLE: DIRECTOR OF TECHNOLOGY SERVICES 89870

DISTINGUISHING CHARACTERISTICS:
The Director of Technology Services functions as a division head within the City
Managers Office, responsible for interdepartmental relations and interagency liaison
activities of the Technology Services Division. This class is distinguished from the
Department Head in that the Director of Technology Services has full management and
administrative responsibilities for the entire Division. The Assistant Director of Technology
Services reports to the Director of Technology Services and is delegated specific daily
operational tasks.

MINIMUM QUALIFICATIONS:
Training and Experience:
Graduation from an accredited college or university with a Bachelors Degree in
Information Technology or related field
Five (5) years of progressively responsible experience in data processing and
information systems, three (3) of which involved the management, supervision
and administration of information systems design, implementation and
operations in a centralized operating environment; or an equivalent
combination of training and experience which provides the capabilities to
perform the described duties.
Knowledge of:
Principles, practices and techniques of information technology management,
including applications design, hardware and software options for administrative
and business-oriented applications and the cost-benefits of systems alternatives
General operating principles and parameters for the types of centralized and
departmental personal computers used by the City Administrative principles and
methods, including goal setting, program and budget development, and
management and supervision of technical personnel
Methods and techniques for project management as applied to computer
systems development and installation
Systems analysis methods and techniques.
Ability to:
Plan, organize, administer and evaluate systems development, programming
and computer operations activities
Select, train and evaluate professional and technical staff
Develop and implement goals, objectives, policies, work standards and internal
controls
Analyze complex problems, evaluate alternatives and make creative
recommendations
Assess user department needs, set priorities and allocate staff to meet such
needs in a timely and effective manner
Exercise sound judgment within general policy guidelines
Establish and maintain effective working relationships with City officials,
department managers, vendors and others contacted in the course of work
Prepare clear, concise and competent reports, correspondence and other
written materials.
CLASS TITLE: DIRECTOR OF TECHNOLOGY SERVICES 89870

Licenses, Certificates or Special Requirements:


Possession of a valid California Class C drivers license
Must be able to pass a police background check.

Physical Conditions or Special Working Conditions:


Standard office environment and working conditions.

Approved by the Miscellaneous Civil Service Board: October 20, 2009


Approved by the City Council: November 4, 2009
Approved by the Miscellaneous Civil Service Board:
Approved by the City Council:
CITY OF BAKERSFIELD CLASS SPECIFICATION: 89870
UNIT: MANAGEMENT
EEO4: OFFICIAL/ADMINISTRATORS

CLASS TITLE: DIRECTOR OF INFORMATION TECHNOLOGY SERVICES

CLASS SUMMARY:
Under administrative direction of the City Manager, plans and directs the operations of
the City's Information Technology Services Division; plans, coordinates, and
recommends information systems and services to meet the City's information
technology service needs; and performs other work as required.

REPRESENTATIVE DUTIES:
The following typical tasks and responsibilities are representative of this class. They are
descriptive, not limiting.
Develops and directs the implementation of goals, objectives, policies and work
standards for the City's central information technology services function
Confers with City management regarding current and anticipated information
technology requirements and the feasibility of alternative approaches to
meeting these requirements
Develops long and short-range plans for hardware and software upgrades
Confers with City management to prioritize applications development and
enhancement requests
Directs, plans and participates in systems design and oversees the development
and implementation processes
Directs computer operations activities
Analyzes City department business operations to evaluate the need for and
recommends the most effective use of equipment and personnel
Establishes City-wide standards for hardware, software and local and wide area-
networking technologies for use by City departments
Evaluates and justifies Citys information technology services budget requests
Keeps informed on new data processing technologies and capabilities
Provides technical assistance in area of responsibility to other departments as
needed
Evaluates off-the-shelf software for personal computers and networking
applications and makes recommendations to insure compatibility and
effectiveness.
May assist in the evaluation, implementation and management of various City-
wide information functions such as: audio visual and telecommunication
systems, mail distribution, duplication equipment such as facsimile and copiers,
and records management systems.
Directs and administers the budget
Plans, organizes and evaluates the work of professional and technical support
staff
CLASS TITLE: DIRECTOR OF INFORMATION TECHNOLOGY SERVICES 89870

DISTINGUISHING CHARACTERISTICS:
The Director of Information Technology Services functions as a division head within the
City Managers Office, responsible for interdepartmental relations and interagency
liaison activities of the Information Technology Services Division. This class is
distinguished from the Department Head in that the Director of Information Technology
Services has full management and administrative responsibilities for the entire Division.
The Assistant Director of Information Technology Services reports to the Director of
Information Technology Services and is delegated specific daily operational tasks.

MINIMUM QUALIFICATIONS:
Training and Experience:
Graduation Bachelor's Degree from an accredited college or university with a
Bachelors Degree in Information Technology or related field
Five (5) years of progressively responsible experience in data processing and
information systems, three (3) of which involved the management, supervision
and administration of information systems design, implementation and
operations in a centralized operating environment; or an equivalent
combination of training and experience which provides the capabilities to
perform the described duties.
Knowledge of:
Principles, practices and techniques of information technology management,
including applications design, hardware and software options for administrative
and business-oriented applications and the cost-benefits of systems alternatives
General operating principles and parameters for the types of centralized and
departmental personal computers used by the City Administrative principles and
methods, including goal setting, program and budget development, and
management and supervision of technical personnel
Methods and techniques for project management as applied to computer
systems development and installation
Systems analysis methods and techniques.
Ability to:
Plan, organize, administer and evaluate systems development, programming
and computer operations activities
Select, train and evaluate professional and technical staff
Develop and implement goals, objectives, policies, work standards and internal
controls
Analyze complex problems, evaluate alternatives and make creative
recommendations
Assess user department needs, set priorities and allocate staff to meet such
needs in a timely and effective manner
Exercise sound judgment within general policy guidelines
Establish and maintain effective working relationships with City officials,
department managers, vendors and others contacted in the course of work
Prepare clear, concise and competent reports, correspondence and other
written materials.
CLASS TITLE: DIRECTOR OF INFORMATION TECHNOLOGY SERVICES 89870

Licenses, Certificates or Special Requirements:


Possession of a valid California Class C drivers license
Must be able to pass a police background check.

Physical Conditions or Special Working Conditions:


Standard office environment and working conditions.

Approved by the Miscellaneous Civil Service Board: October 20, 2009


Approved by the City Council: November 4, 2009
Approved by the Miscellaneous Civil Service Board:
Approved by the City Council:
CITY OF BAKERSFIELD CLASS SPECIFICATION: 89900
UNIT: MANAGEMENT
EE04: OFFICIAL/ADMINISTRATORS

CLASS TITLE: ASSISTANT DIRECTOR OF TECHNOLOGY SERVICES

CLASS SUMMARY:
Under general direction, plans and administers the day-to-day operations of the
Technology Services Division; supervises operational systems and implementation of new
hardware and software; acts as Director of Technology Services in their absence; and
performs related work as required.

REPRESENTATIVE DUTIES:
The following typical tasks and responsibilities are representative of the position's essential
duties. They are descriptive, not limiting.
Essential Duties:
Administers general policies and procedures
Supervises operational systems and implementation of hardware and software for
the City's computer systems, local and wide area networks and personal
computers
Develops and recommends to the Director of Technology Services changes and
modifications in operational procedures as required to meet changing conditions
Recommends feasibility of proposed applications and coordinates
implementation of new applications
Reviews the work of division employees
Coordinates activities with other City divisions
Keeps informed of new practices, software and hardware within the data
processing field
Provides technical assistance to other departments as needed

DISTINGUISHING CHARACTERISTICS:
This class is distinguished from the Director of Technology Services in that it has
responsibility for day-to-day operations, whereas the Directors focus is on long-range
planning, policy development and liaison activities with user departments and other
agencies. This class is distinguished from the supervisor category in that the supervisors
are responsible for the direct supervision of a specific functional area.

MINIMUM QUALIFICATIONS:
Training and Experience:
Graduation from an accredited college or university with a Bachelor 's Degree in
Information Technology, or related field
Five (5) years of progressively responsible experience in Information Technology
activities, three (3) of which involved supervision and administrative duties or
equivalent combination of training and experience which provides the
capabilities to perform the described duties.

Knowledge of:
Computer software to determine the ramifications of requested additions and
modifications and to analyze software and hardware operational difficulties
Computer hardware in order to recommend equipment updates and acquisition
of equipment; principles of management and supervision.
CLASS TITLE: ASSISTANT DIRECTOR OF TECHNOLOGY SERVICES

Ability to:
Coordinate, supervise and evaluate data processing staff and equipment
Establish and maintain effective work relationships with departmental officials,
coworkers, subordinates, City staff, etc.

Licenses, Certificates and Special Requirements:


Possession of a valid California Class C drivers license.
Must be able to pass a police background check.

Physical Conditions or Special Working Conditions:


Standard office environment and working conditions.

Approved by the City Council: October 15, 2002


Approved by the Miscellaneous Civil Service Board: November 6, 2002
Approved by the City Council:
Approved by the Miscellaneous Civil Service Board:
CITY OF BAKERSFIELD CLASS SPECIFICATION: 89900
UNIT: MANAGEMENT
EE04: OFFICIAL/ADMINISTRATORS

CLASS TITLE: ASSISTANT DIRECTOR OF INFORMATION TECHNOLOGY SERVICES

CLASS SUMMARY:
Under general direction, plans and administers the day-to-day operations of the
Information Technology Services Division; supervises operational systems and
implementation of new hardware and software; acts as Director of Information
Technology Services in their absence; and performs related work as required.

REPRESENTATIVE DUTIES:
The following typical tasks and responsibilities are representative of the position's essential
duties. They are descriptive, not limiting.
Essential Duties:
Administers general policies and procedures
Supervises operational systems and implementation of hardware and software for
the City's computer systems, local and wide area networks and personal
computers
Develops and recommends to the Director of Information Technology Services
changes and modifications in operational procedures as required to meet
changing conditions
Recommends feasibility of proposed applications and coordinates
implementation of new applications
Reviews the work of division employees
Coordinates activities with other City divisions
Keeps informed of new practices, software and hardware within the data
processing field
Provides technical assistance to other departments as needed

DISTINGUISHING CHARACTERISTICS:
This class is distinguished from the Director of Information Technology Services in that it
has responsibility for day-to-day operations, whereas the Directors focus is on long-
range planning, policy development and liaison activities with user departments and
other agencies. This class is distinguished from the supervisor category in that the
supervisors are responsible for the direct supervision of a specific functional area.

MINIMUM QUALIFICATIONS:
Training and Experience:
Graduation from an accredited college or university with a Bachelor 's Degree in
Information Technology, or related field
Five (5) years of progressively responsible experience in Information Technology
activities, three (3) of which involved supervision and administrative duties; or
equivalent combination of training and experience which provides the
capabilities to perform the described duties.

Knowledge of:
Computer software to determine the ramifications of requested additions and
modifications and to analyze software and hardware operational difficulties
Computer hardware in order to recommend equipment updates and acquisition
of equipment; principles of management and supervision.
CLASS TITLE: ASSISTANT DIRECTOR OF INFORMATION TECHNOLOGY SERVICES

Ability to:
Coordinate, supervise and evaluate data processing staff and equipment
Establish and maintain effective work relationships with departmental officials,
coworkers, subordinates, City staff, etc.

Licenses, Certificates and Special Requirements:


Possession of a valid California Class C drivers license.
Must be able to pass a police background check.

Physical Conditions or Special Working Conditions:


Standard office environment and working conditions.

Approved by the City Council: October 15, 2002


Approved by the Miscellaneous Civil Service Board: November 6, 2002
Approved by the City Council:
Approved by the Miscellaneous Civil Service Board:
CITY OF BAKERSFIELD CLASS SPECIFICATION: 27010
UNIT: WHITE COLLAR
EE04: PROFESSIONALS

CLASS TITLE: HUMAN RESOURCES ANALYST I

CLASS SUMMARY:
Under supervision, performs entry level generalist human resources services in
recruitment, selection, employee benefits, employee and supervisory training,
Unemployment Claims, employee morale/motivation, surveys, and other areas of
human resources administration as assigned.

REPRESENTATIVE DUTIES:
The following typical tasks and responsibilities are representative of the position's
essential duties. They are descriptive, not limiting.

Essential Duties:
Assists with recruiting and examining activities including preparation of
announcements, advertisements, and brochures;
Reviews applications and evaluates education and work history;
Prepares and administers written, performance and oral examinations;
Conducts background and reference checks;
Assists with the City's Affirmative Action Plan and other special employment
projects;
Assists in classification studies and writing of class specifications;
Assists in gathering salary data;
Counsels job applicants on employment opportunities and standards;
Assists with special studies and preparation of reports as assigned;
Answers routine correspondence and questions relating to the human resources
program;
Administers temporary employment program, including screening, interviewing
and recommending candidates to meet departmental employment needs;
Conducts orientation sessions for all new employees;
Monitors Employee Assistance Program and provides information to employees
or managers as needed;
Responds verbally and in writing to salary survey requests and other questions
relating to the City 's employment practices;
Administers Unemployment Insurance including responding to claims, monitoring
level of claims and making recommendations relative to accepting or rejecting
claim;
Administers Employee Service Award and Rideshare Program;
Prepares EEO-4 reports annually;
Provides City Attorney's Office with information requested in Department of Fair
Employment and Housing complaints;
Assists with inquiries about benefits when needed;
Updates and maintains workforce complement listing;
Assists in the development and administration of employee and supervisory
training programs;
Maintains accurate records and files.
CLASS TITLE: HUMAN RESOURCES ANALYST I 27010

DISTINGUISHING CHARACTERISTICS:
This is an entry level class. Incumbents perform the more routine recruitment, selection,
employee relations, training and affirmative action duties while learning City policies,
procedures, specific techniques and regulations related to human resources
management.

MINIMUM QUALIFICATIONS:
Training and Experience:
Graduation from an accredited college or university with a Bachelors degree in
Human Resources, Public or Business Administration, or a related field; and
One (1) year experience in human resources; or
An equivalent combination of training and experience which provides the
capabilities to perform the described job duties.

Knowledge of:
Principles of organization and human resources management;
Practices relating to equal employment opportunity;
Public Employees' Retirement System and other insurance and benefit programs;
Related computer applications including applicant tracking, word processing
and spreadsheet software.

Ability to:
Communicate effectively and write clear, concise reports;
Gather and analyze data;
Develop and maintain effective working relationships;
Maintain accurate records and files;
Interpret rules and regulations.

Licenses; Certificates; and Special Requirements:


Possession of a valid California Class "C" driver's license.

Physical Conditions or Special Working Conditions: Standard office environment and


working conditions. Must be willing to work outdoors, evenings and weekends when
necessary.

Promotion to Human Resources Analyst II:


Promotion to Human Resources Analyst II is made on a merit basis without examination,
subject to recommendation by the Department Head, approval of the Human
Resources Manager and City Manager. Under normal conditions, an employee may
be considered for promotion one year after appointment to the fifth salary step and
completion of a minimum of three years as a Human Resources Analyst I.

Approved by the Miscellaneous Civil Service Board: June 19, 2007


Approved by City Council: June 20, 2007
Approved by the Miscellaneous Civil Service Board:
Approved by City Council:
CITY OF BAKERSFIELD CLASS SPECIFICATION: 27010
UNIT: WHITE COLLAR
EE04: PROFESSIONALS

CLASS TITLE: HUMAN RESOURCES ANALYST I

CLASS CHARACTERISTICS SUMMARY:


Under supervision, performs entry level generalist human resources services in
recruitment, selection, employee benefits, employee and supervisory training,
Unemployment Claims, employee morale/motivation, surveys, and other areas of
human resources administration as assigned.

REPRESENTATIVE DUTIES:
The following typical tasks and responsibilities are representative of the position's
essential duties. They are descriptive, not limiting.

Essential Duties:
Assists with recruiting and examining activities including preparation of
announcements, advertisements, and brochures;
Reviews applications and evaluates education and work history;
Prepares and administers written, performance and oral examinations;
Conducts background and reference checks;
Assists with the City's Affirmative Action Plan and other special employment
projects;
Assists in classification studies and writing of class specifications;
Assists in gathering salary data;
Counsels job applicants on employment opportunities and standards;
Assists with special studies and preparation of reports as assigned;
Answers routine correspondence and questions relating to the human resources
program;
Administers temporary employment program, including screening, interviewing
and recommending candidates to meet departmental employment needs;
Conducts orientation sessions for all new employees;
Monitors Employee Assistance Program and provides information to employees
or managers as needed;
Responds verbally and in writing to salary survey requests and other questions
relating to the City 's employment practices;
Administers Unemployment Insurance including responding to claims, monitoring
level of claims and making recommendations relative to accepting or rejecting
claim;
Administers Employee Service Award and Rideshare Program;
Prepares EEO-4 reports annually;
Provides City Attorney's Office with information requested in Department of Fair
Employment and Housing complaints;
Assists with inquiries about benefits when needed;
Updates and maintains workforce complement listing;
Assists in the development and administration of employee and supervisory
training programs;
Maintains accurate records and files.
CLASS TITLE: HUMAN RESOURCES ANALYST I 27010

DISTINGUISHING CHARACTERISTICS:
This is an entry level class. Incumbents perform the more routine recruitment, selection,
employee relations, training and affirmative action duties while learning City policies,
procedures, specific techniques and regulations related to human resources
management.

MINIMUM QUALIFICATIONS:
Training and Experience:
Graduation from an accredited college or university with a Bachelors degree in
Human Resources, Public or Business Administration, or a related field; and
One (1) year experience in human resources; or
An equivalent combination of training and experience which provides the
capabilities to perform the described job duties.

Knowledge of:
Principles of organization and human resources management;
Practices relating to equal employment opportunity;
Public Employees' Retirement System and other insurance and benefit programs;
Related computer applications including applicant tracking, word processing
and spreadsheet software.

Ability to:
Communicate effectively and write clear, concise reports;
Gather and analyze data;
Develop and maintain effective working relationships;
Maintain accurate records and files;
Interpret rules and regulations.

Licenses; Certificates; and Special Requirements:


Possession of a valid California Class "C" driver's license.

Physical Conditions or Special Working Conditions: Standard office environment and


working conditions. Must be willing to work outdoors, evenings and weekends when
necessary.

Promotion to Human Resources Analyst II:


Promotion to Human Resources Analyst II is made on a merit basis without examination,
subject to recommendation by the Department Head, approval of the Human
Resources Manager and City Manager. Under normal conditions, an employee may
be considered for promotion one year after appointment to the fifth salary step and
completion of a minimum of three years as a Human Resources Analyst I.

Approved by the Miscellaneous Civil Service Board: June 19, 2007


Approved by City Council: June 20, 2007
Approved by the Miscellaneous Civil Service Board:
Approved by City Council:
CITY OF BAKERSFIELD CLASS SPECIFICATION: 27000
UNIT: WHITE COLLAR
EE04: PROFESSIONALS

CLASS TITLE: HUMAN RESOURCES ANALYST II

CLASS SUMMARY:
Under direction, performs generalist, journey-level professional human resources
services in recruitment, selection, classification, compensation, employee
relations, equal employment opportunity, training, benefits and other areas of
human resources administration as assigned; and performs other work as
assigned.

REPRESENTATIVE DUTIES:
The following typical tasks and responsibilities are representative of this class.
They are descriptive, not limiting.

Essential Duties:
Conducts recruitment and selection for a variety of classifications;
prepares announcements, advertisements and brochures; sources
applicants for difficult positions; evaluates applications for participation in
the selection process; analyzes, designs, administers and evaluates a
variety of examination processes; and responds to and resolves
complaints
Provides employee or applicant counseling as necessary
Conducts classification and compensation studies; responds to and
conducts surveys and analyzes and interprets results; performs job audits;
writes new and revises existing job specifications; and prepares
administrative reports and resolutions for City Council
Consults with City departments and divisions; advises and assists in
meeting staffing needs and solving employee issues
Administers temporary employment program including sourcing,
screening, interviewing and recommending applicants to meet operating
department staffing needs
Administers Unemployment Insurance including responding to claims and
representing the City at appeal hearings
Receives complaints, conducts investigations, prepares reports and
makes recommendations for action, prepares disciplinary charges and
attends appeal hearings, and assists with preparing responses to
Department of Fair Employment and Housing (DFEH) and Equal
Employment Opportunity Commission (EEOC)
Develops and conducts training programs and prepares training materials
Assists with preparation of division budget
Assists with the training and development of division staff and serves as a
technical resource
Utilizes various computer applications for applicant tracking, analysis, etc.
Makes public presentations as necessary
Provides staff support to commissions or committees as assigned
CLASS TITLE: HUMAN RESOURCES ANALYST II 27000

DISTINGUISHING CHARACTERISTICS:
This position is distinguished from Human Resources Analyst I in that the latter is an
entry-level position while the II level is a lead position exercising a greater degree
of independent judgment due to the scope of duties that represent the most
responsible, sensitive and complex assignments. Specialist assignments are
made as the need arises.

MINIMUM QUALIFICATIONS:
Training & Experience:
Graduation from an accredited college or university with a Bachelors
degree in Human Resources, Public Administration, Business
Administration, or related field; and
Two (2) years of professional experience in human resources; or
An equivalent combination of training and experience which provides the
capabilities to perform the described job duties.
A Masters Degree in the above-mentioned areas or a PHR or SPHR
certification is highly desirable.

Knowledge of:
Principles of human resources management including, but not limited to,
recruitment and selection, classification and compensation, employee
relations, equal employment opportunity, training, benefits, etc.;
Related computer applications including applicant tracking, word
processing and spreadsheet software.

Ability to:
Conduct research, compile data, analyze findings and make effective
recommendations;
Read and understand rules, regulations, case law, etc.;
Maintain accurate and complete records and files;
Establish and maintain effective working relationships;
Use initiative and independent judgment in the performance of job duties;
Meet challenging deadlines;
Communicate effectively both orally and in writing.

Licenses, Certificates, and Special Requirements:


Possession of a valid California Class C drivers license.

Physical Conditions or Special Requirements:


Standard office environment and working conditions. Must be willing to work
outdoors, evenings and weekends when necessary.

Promotion to Human Resources Analyst II:


Promotion to Human Resources Analyst II is made on a merit basis without
examination, subject to recommendation by the Department Head, approval of
the Human Resources Manager and City Manager. Under normal conditions, an
employee may be considered for promotion one year after appointment to the
fifth salary step and completion of a minimum of three years as a Human
Resources Analyst I.
Approved by the Miscellaneous Civil Service Board: June 19, 2007
Approved by the City Council: June 20, 2007
Approved by the Miscellaneous Civil Service Board:
Approved by the City Council:
CITY OF BAKERSFIELD CLASS SPECIFICATION: 27000
UNIT: WHITE COLLAR
EE04: PROFESSIONALS

CLASS TITLE: HUMAN RESOURCES ANALYST II

CLASS SUMMARY:
Under direction, performs generalist, journey-level professional human resources
services in recruitment, selection, classification, compensation, employee
relations, equal employment opportunity, training, benefits and other areas of
human resources administration as assigned; and performs other work as
assigned.

REPRESENTATIVE DUTIES:
The following typical tasks and responsibilities are representative of this class.
They are descriptive, not limiting.

Essential Duties:
Conducts recruitment and selection for a variety of classifications;
prepares announcements, advertisements and brochures; sources
applicants for difficult positions; evaluates applications for participation in
the selection process; analyzes, designs, administers and evaluates a
variety of examination processes; and responds to and resolves
complaints
Provides employee or applicant counseling as necessary
Conducts classification and compensation studies; responds to and
conducts surveys and analyzes and interprets results; performs job audits;
writes new and revises existing job specifications; and prepares
administrative reports and resolutions for City Council
Consults with City departments and divisions; advises and assists in
meeting staffing needs and solving employee issues
Administers temporary employment program including sourcing,
screening, interviewing and recommending applicants to meet operating
department staffing needs
Administers Unemployment Insurance including responding to claims and
representing the City at appeal hearings
Receives complaints, conducts investigations, prepares reports and
makes recommendations for action, prepares disciplinary charges and
attends appeal hearings, and assists with preparing responses to
Department of Fair Employment and Housing (DFEH) and Equal
Employment Opportunity Commission (EEOC)
Develops and conducts training programs and prepares training materials
Assists with preparation of division budget
Assists with the training and development of division staff and serves as a
technical resource
Utilizes various computer applications for applicant tracking, analysis, etc.
Makes public presentations as necessary
Provides staff support to commissions or committees as assigned
CLASS TITLE: HUMAN RESOURCES ANALYST II 27000

DISTINGUISHING CHARACTERISTICS:
This position is distinguished from Human Resources Analyst I in that the latter is an
entry-level position while the II level is a lead position exercising a greater degree
of independent judgment due to the scope of duties that represent the most
responsible, sensitive and complex assignments. Specialist assignments are
made as the need arises.

MINIMUM QUALIFICATIONS:
Training & Experience:
Graduation from an accredited college or university with a Bachelors
degree in Human Resources, Public Administration, Business
Administration, or related field; and
Two (2) years of professional experience in human resources; or
An equivalent combination of training and experience which provides the
capabilities to perform the described job duties.
A Masters Degree in the above-mentioned areas or a PHR or SPHR
certification is highly desirable.

Knowledge of:
Principles of human resources management including, but not limited to,
recruitment and selection, classification and compensation, employee
relations, equal employment opportunity, training, benefits, etc.;
Related computer applications including applicant tracking, word
processing and spreadsheet software.

Ability to:
Conduct research, compile data, analyze findings and make effective
recommendations;
Read and understand rules, regulations, case law, etc.;
Maintain accurate and complete records and files;
Establish and maintain effective working relationships;
Use initiative and independent judgment in the performance of job duties;
Meet challenging deadlines;
Communicate effectively both orally and in writing.

Licenses, Certificates, and Special Requirements:


Possession of a valid California Class C drivers license.

Physical Conditions or Special Requirements:


Standard office environment and working conditions. Must be willing to work
outdoors, evenings and weekends when necessary.

Promotion to Human Resources Analyst II:


Promotion to Human Resources Analyst II is made on a merit basis without
examination, subject to recommendation by the Department Head, approval of
the Human Resources Manager and City Manager. Under normal conditions, an
employee may be considered for promotion one year after appointment to the
fifth salary step and completion of a minimum of three years as a Human
Resources Analyst I.
Approved by the Miscellaneous Civil Service Board: June 19, 2007
Approved by the City Council: June 20, 2007
Approved by the Miscellaneous Civil Service Board:
Approved by the City Council:
ADMINISTRATIVE REPORT

MEETING DATE: 3/8/2017 Consent - Successor Agency Business z.

TO: Honorable Mayor and City Council


FROM: Nelson K. Smith, Finance Director
DATE: 2/23/2017
WARD:
SUBJECT: Receive and file Successor Agency payments from February 3, 2017 to
February 23, 2017, in the amount of $1,100.00.

STAFF RECOMMENDATION:

Staff recommends report be received and filed.


BACKGROUND:

The City administers payment of Successor Agency enforceable obligation payments as


authorized by the State Department of Finance (DOF) to further the dissolution of the former
Bakersfield Redevelopment Agency. The Successor Agency submits a Recognized Obligation
Payment Schedule (ROPS) to the Bakersfield Oversight Board and the DOF every six (6)
months for approval. All payments of the Successor Agency must be on this approved listing in
order to be valid and authorized payments of the Successor Agency.

A check register is provided which summarizes the transactions processed during the above
referenced period. Additional details are provided below for each transaction.

Check #654878 to HDL Coren & Cone for $1,100.00 is a payment for Statistical Information for
Tax Allocation Bonds Continuing Disclosure Report. Payment approved as ROPS 16-17, line
item #3.

ATTACHMENTS:
Description Type
1- Check Register Admin SA pymnts 03-08-2017 Backup Material
2/24/2017 AP - CHECK REGISTER - SUCCESSOR AGENCY FROM 1
2/3/2017 TO 2/23/2017

CITY OF BAKERSFIELD - Successor Agency Payments


Check Number Vendor Number Vendor Name Payment Date Check Amount
654878 10828 HDL COREN & CONE INC Feb 23, 2017 $1,100.00
1
$1,100.00
E-Payables E-Payables
Number Vendor Number Vendor Name E-Payable Date Amount
0.00
0 $0.00

Disbursement Total
1 $1,100.00

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