agenda meeting (1)

BAKERSFIELD CITY COUNCIL AGENDA

MEETING OF SEPTEMBER 2, 2015

Council Chambers, City Hall,1501 Truxtun Avenue Regular Meeting 5:15 PM

REGULAR MEETING - 5:15 PM

1. ROLL CALL

2. INVOCATION by Pastor Donella Silveria, Emmanuel Lutheran Church.

3. PLEDGE OF ALLEGIANCE by Cami Wolliford, 3rd grade student at New Life Christian School.

4. PRESENTATIONS

a. Presentation by Mayor Hall of a Proclamation to Murray Bradshaw, Kids Cancer Connecting volunteer, declaring September Childhood Cancer Awareness Month.

b. Presentation by Mayor Hall of a Proclamation to KC the Bull, and Kern County Fair CEO Mike Olcott, declaring September 23rd through October 4th, 2015, Kern County Fair Days.

5. PUBLIC STATEMENTS

a. Written material submitted during Public Statements portion of the meeting.

6. WORKSHOPS

7. APPOINTMENTS

8. CONSENT CALENDAR

Staff recommends adoption of Consent Calendar items.

Minutes:

a. Approval of minutes of the August 12, 2015, Regular City Council Meetings.

Payments:

b. Receive and file department payments from July 31, 2015 to August 20, 2015, in the amount of $30,376,523.58, Self Insurance payments from July 31, 2015 to August 20, 2015, in the amount of $417,755.81, totaling $30,794,279.39.

Ordinances:

c. Adoption of the following Ordinances amending various sections of the Municipal Code:

Amending Section 2.04.080 relating to City Council Consent Calendar Agenda Items.

1.

Amending Section 5.50.100 relating to Advertising on Taxicabs.

2.

Amending Section 8.27.010 relating to Maintenance of property.

3.

Adding Chapter 15.56 relating to Expedited Permitting Procedures for Small Residential Rooftop Solar Systems.

4.

Amending Section 16.32.060 relating to Tract Map Improvements.

5.

Amending Section 17.60.070 relating to Specialized Signs.

6.

Resolutions:

d. Approval of Two (2) Property Assessed Clean Energy (PACE) Programs In the City of Bakersfield: California Home Finance Authority PACE Program - Ygrene

Resolution Consenting to the Inclusion of Properties, Within the City's Jurisdiction, in the California Home Finance Authority Community Facilities District NO. 2014-1 (Clean Energy) to Finance Renewable Energy Improvements, Energy Efficiency and Water Conservation Improvements and Electric Vehicle Charging Infrastructure and Approving Associate Membership in the Joint Exercise of Powers Authority Related Thereto (SB 555).

1.

Resolution Consenting to the Inclusion of Properties, Within the City's Jurisdiction, in the California Home Finance Authority Program to Finance Renewable Energy Generation, Energy and Water Efficiency Improvements and Electric Vehicle Charging Infrastructure and Approving Associate Membership in the Joint Exercise of Powers Authority Related Thereto (AB 811).

2.

Indemnification and Insurance Agreement.3. California Municipal Finance Authority PACE Program - Energy Efficient Equity ("E3") and PACE Funding

Resolution Consenting to the Inclusion of Properties, Within the City's Jurisdiction, in the CMFA PACE Program; Authorizing CMFA to Accept Applications from Property Owners, Conduct Contractual Assessment Proceedings and Levy

1.

Contractual Assessments Within the Territory of the City. Indemnification Agreement. 2.

e. Revised and New Job Specifications - Change to Salary Schedule and Reclassification:

Amendment No. 4 to Resolution No. 079-13 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Police Computer Forensic Examiner.

1.

Revised Job Specification: Traffic Signal Technician (#15310)

2.

New Job Specification: Police Computer Forensic Examiner (#21400)

3.

Reclassification: Police Service Technician to Police Computer Forensic Examiner

4.

f. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer’s 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.

g. Resolution Adopting Sewer Connection Fees Pursuant to Section 14.12.380 of the Municipal Code.

h. Resolution vacating Resolution No. 108-12, which certified the Final Environmental Impact Report (SCH#2011021042) for the Kern River Flow and Municipal Water Program.

i. Resolution vacating Resolution No. 029-14, which certified Final Environmental Impact Report (SCH#2008041070) and approved the 24th Street Improvement Project.

j. Resolution determining that Autoscope Rack Vision Terra Video Detection Systems cannot be obtained through the usual bidding procedures because of the need to integrate said systems into existing traffic signal infrastructure and authorizing the Finance Director to dispense with bidding therefore, not to exceed $90,000 for FY 2015/16.

Ward(s) 1, 7 k. Resolutions to add the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director’s Report for each:

Area 4-138 (900 Dr. Martin Luther King, Jr. Boulevard)1.Area 5-79 (2200 Wible Road)2.

Ward 5 l. Resolution of Intention No. 1853 to add Area 3-97 (northwest corner of Panama Lane and Old River Road) to the Consolidated Maintenance District and preliminarily

approving, confirming, and adopting the Public Works Director’s Report.

Ward 2 m. Resolution of Intention No. 1846 to order the vacation of the alley east of V Street between 20th Street and 21st Street within Block 218 and 219 of Godey Tract.

Agreements:

Ward 4 n. Final Map and Improvement Agreement with Symbolic Investment & Operating Company, LLC for Tract 6364 Phase 6, located west of Allen Road and North of Reina Road.

Ward 4 o. Agreement with ABS Surplus-O LLC, and indemnification of Albertsons, to allow the City to utilize a vacant lot at the southwest corner of Stockdale Highway and Buena Vista Road on October 1 and 4, 2015, to accommodate additional parking for two different special events at the Bright House Networks Amphitheatre.

Ward 5 p. Median Landscaping on Buena Vista Road between White Lane and Campus Park Drive:

Median Fee Reimbursement Agreement with Sierra Oaks Partners, LLC (“Developer”), (not to exceed $80,856) for median construction and median landscaping on Buena Vista Road between White Lane and Campus Park Drive.

1.

Appropriate $80,856 developer share project cost to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund to fund reimbursement to Developer.

2.

q. Amendment No. 1 to Agreement No. 14-318 with General Tree Service Incorporated ($325,000; not to exceed $650,000 and extend the term to June 30, 2016) to continue the tree trimming service.

Ward(s) 1, 2 r. Contract Change Order No. 27 to Agreement No. 13-140 with Security Paving Company, Inc. (decrease of $121,355.84; revised not to exceed $14,228,302.03), for the SR-58 Gap Closure Project.

Property Acquisition Agreements - TRIP:

Ward 2 s. Agreement with Victor Cotera ($277,000) to purchase real property located at 4409 Kensington Avenue for the Centennial Corridor Project.

Ward 2 t. Agreement with David and Loretta Bainton, Trustees of the Bainton Living Trust dated 1/5/1992 ($242,000) to purchase real property located at 804 Del Rey Court for the Centennial Corridor Project.

Ward 2 u. Agreement with Arnulfo Covarrubias ($243,000) to purchase real property located at 608 Montclair Street for the Centennial Corridor Project.

Ward 2 v. Agreement with Filemon Pedraza ($138,000) to purchase real property located at 7 North Stine Road for the Centennial Corridor Project.

Ward 2 w. Agreement with Landeron, LLC ($438,300) to purchase real property located at 5085 Easton Drive for the Centennial Corridor Project.

Bids:

x. Extend bid for a four axle side loading refuse truck ($346,431.17) from Golden State Peterbilt for the Public Works Department, Solid Waste Division.

y. Accept bid from Golden State Peterbilt, Bakersfield, ($2,253,391.53) for seven replacement front loader refuse trucks for the Public Works Department, Solid Waste Division.

z. Accept bid and approve contract with Plank and Harvey, Inc., dba Cen-Cal Construction (not to exceed amount of $1,773,131.50) for the annual contract for concrete construction.

Ward(s) 1, 2, 4, 5, 7 aa. Accept bid and approve contract with Robertson Industries, Inc. ($136,466), for replacement playground rubberized surfacing at various parks.

Miscellaneous:

ab. Appropriate $8,640 contributions from the Bakersfield Foundation to the Police Department Operating Budget within the General Fund to offset the costs of the purchase of a Police Canine.

ac. Appropriate $50,000 State Grant Revenue for the Waste Tire Enforcement Grant Program to the Community Development Department Operating Budget in the General Fund.

Successor Agency Business:

ad. Settlement Agreement and Mutual Release between the Successor Agency and the Kern Community College District regarding AB 1290 Pass-Through Underpayments of the former Bakersfield Redevelopment Agency.

9. CONSENT CALENDAR PUBLIC HEARINGS

Staff recommends conducting Consent Calendar Public Hearing and approval of items.

10. HEARINGS

a. U.S. Department of Housing and Urban Development (HUD) Action Plan Amendments:

FY 2010-11 Amendment No. 12 - Create Neighborhood Stabilization Program (NSP) Housing Acquisition and Preservation Program with $141,352 Program Income, and appropriate $141,352 to the NSP operating budget;

1.

FY 2011-12 Amendment No. 4 - Increase Fire Station 1 Improvements Project $20,000 Community Development Block Grant (CDBG) project savings and change project scope;

2.

FY 2014-15 Amendment No. 5a - Transfer $250,000 HOME Investment Partnerships (HOME) Program from New Construction Assistance Program to Housing Urban Bakersfield Downpayment Assistance;

3.

FY 2014-15 Amendment No. 5b - Create Dr. Martin Luther King Jr. Park and Community Center Lighting Improvements Project with $130,000 project savings;

4.

Appropriate $2,685 to the CDBG Operating Budget. 5.

Staff recommends approval of the amendments and appropriations.

11. REPORTS

12. DEFERRED BUSINESS

13. NEW BUSINESS

a. League of California Cities Annual Conference appointment of voting delegate(s) and City Position on Conference Resolution(s).

Staff recommends Council appoint a voting delegate and alternate delegate(s) and adopt staff recommended positions on the League proposed resolutions.

14. COUNCIL AND MAYOR STATEMENTS

15. ADJOURNMENT

ADMINISTRATIVE REPORT

MEETING DATE: 9/2/2015 Presentations 4. a.

TO: Honorable Mayor and City Council

FROM: Mayor Harvey L. Hall

DATE: 6/15/2015

WARD:

SUBJECT: Presentation by Mayor Hall of a Proclamation to Murray Bradshaw, Kids Cancer Connecting volunteer, declaring September Childhood Cancer Awareness Month.

STAFF RECOMMENDATION:

BACKGROUND:


MEETING DATE: 9/2/2015 Presentations 4. b.


FROM: Mayor Harvey L. Hall

DATE: 7/31/2015

WARD:

SUBJECT: Presentation by Mayor Hall of a Proclamation to KC the Bull, and Kern County Fair CEO Mike Olcott, declaring September 23rd through October 4th, 2015, Kern County Fair Days.


BACKGROUND:


MEETING DATE: 9/2/2015 Public Statements 5. a.


FROM: Roberta Gafford, City Clerk

DATE: 9/9/2015

WARD:

SUBJECT: Written material submitted during Public Statements portion of the meeting.


BACKGROUND:

ATTACHMENTS:

Description Type

Jennifer Sanchez Correspondence

Michael Fagans Correspondence

James Ross Correspondence

TAFTBAKERSFIELD

KERNVILLE

RIDGECREST

TULAREVISALIA

HANFORD

FRESNO

MADERA

OAKHURSTATWATER

TURLOCK

SONORA

AVERYSAN ANDREAS

LODI

STOCKTON

MODESTO

Support a RiderRide With Us & Help Raise Funds

TOUR AGAINST HUMAN TRAFFICKING

OCTOBER 2 TOOCTOBER 23

TourAgainstTrafficking.org

BAKERSFIELD TO MODESTOLeg 1 Oct. 2 Taft to Bakersfield 35.1 milesLeg 2 Oct. 3 Bakersfield to Kernville 71.6 milesLeg 3 Oct. 5 Kernville to Ridgecrest 61.6 milesLeg 4 Oct. 6 Ridgecrest to Kernville 61.6 milesLeg 5/6 Oct. 7, 8 Kernville to Tulare 87.4 milesLeg 7 Oct. 9 Tulare to Visalia to Hanford 28.5 milesLeg 8 Oct. 12 Hanford to Fresno 42 milesLeg 9 Oct. 13 Fresno to Oakhurst 46.5 milesLeg 10 Oct. 14 Oakhurst to Madera 40.1 milesLeg 11 Oct. 15 Madera to Atwater 46.7 milesLeg 12 Oct. 16 Atwater to Turlock 18.5 milesLeg 13 Oct. 17 Turlock to Sonora 54.2 milesLeg 14 Oct. 19 Sonora to Avery 30 milesLeg 15 Oct. 20 Avery to San Andreas 28.3 milesLeg 16 Oct. 21 San Andreas to Lodi 40 milesLeg 17 Oct. 22 Lodi to Stockton 14.5 milesLeg 18 Oct. 23 Stockton to Modesto 35.6 miles

T H E E P I S C O P A L D I O C E S E O F S A N J O A Q U I N P R E S E N T S :

RECEIVED AND PLACED ON FILE AT COUNCIL MEETING OF 9/2/15-PUBLIC STATEMENTS


MEETING DATE: 9/2/2015 Consent - Minutes a.


FROM: Roberta Gafford, City Clerk

DATE: 6/22/2015

WARD:

SUBJECT: Approval of minutes of the August 12, 2015, Regular City Council Meetings.


BACKGROUND:

ATTACHMENTS:

Description Type

Minutes - August 12 Backup Material

BAKERSFIELD CITY COUNCIL

MINUTES MEETING OF AUGUST 12, 2015

Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings- 3:30 p.m. and 5:15 p.m.

REGULAR MEETING – 3:30 p.m.

1. ROLL CALL

Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Rivera (seated at 4:16 p.m.), Maxwell (seated at 3:35 p.m.), Weir, Smith, Sullivan, Parlier

Absent: None

2. PUBLIC STATEMENTS

None.

3. CLOSED SESSION

a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) for the following:

1. Dow Chemical Co., et al v. Cal Water & City of Bakersfield, San Mateo County Superior Court Case No. CIV 470999.

2. Citizens Against The 24th Street Widening Project v. City of Bakersfield, et al., Kern County Superior Court Case No. S-1500-

CV-281556, KCT.

b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(1) (one matter).

Motion by Vice-Mayor Hanson to adjourn to Closed Session at 3:31 p.m.

ACTION TAKEN

APPROVED AB RIVERA, MAXWELL

Bakersfield, California, August 12, 2015 – Page 2

3. CLOSED SESSION continued Motion by Councilmember Weir to adjourn from Closed Session at 5:03 p.m. Meeting reconvened at 5:11 p.m. 4. CLOSED SESSION ACTION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) for the following:

1. Dow Chemical Co., et al v. Cal Water & City of Bakersfield, San Mateo County Superior Court Case No. CIV 470999.

2. Citizens Against The 24th Street Widening

Project v. City of Bakersfield, et al., Kern County Superior Court Case No. S-1500-

CV-281556, KCT. b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(1) (one matter). 5. ADJOURNMENT

Mayor Hall adjourned the meeting at 5:12 p.m.

___________________________________

MAYOR of the City of Bakersfield, CA

ATTEST:

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

REGULAR MEETING –5:15 p.m.

1. ROLL CALL

Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Rivera, Maxwell, Weir, Smith, Sullivan, Parlier

Absent: None

ACTION TAKEN

APPROVED NO REPORTABLE ACTION NO REPORTABLE ACTION CONTINUED TO SEPTEMBER 2, 2015 MEETING


2. INVOCATION by Joey Williams, Faith in Action Lead

Organizer. 3. PLEDGE OF ALLEGIANCE by Mia Gonzales, 2nd grade student at Downtown Elementary School. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Certificate of Appreciation to Stan and Lisa Pearcy acknowledging the selection of their yard as the Yard of the Quarter. Mr. Pearcy accepted the certificate and made comments. 5. PUBLIC STATEMENTS a. Kern County Supervisor David Couch introduced the following representatives from the Alzheimer’s Disease Association of Kern County, who spoke regarding fundraising efforts for a new building project in Seven Oaks Business Park and encouraged the public to see their mission in action by contacting 661-393-8871: Robin Woodward, Business Development Director; and Terri Agcaoili, Events and Outreach Coordinator. b. Dennis Fox spoke regarding Consent Calendar item 8.aj., contract for annual hauling of spreading of biosolids, and suggested the City consider selling the material instead. 6. WORKSHOPS None. 7. APPOINTMENTS None. 8. CONSENT CALENDAR

Minutes: a. Approval of minutes of the July 22, 2015, Special and Regular City Council Meetings.

ACTION TAKEN


8. CONSENT CALENDAR continued Payments: b. Receive and file department payments from July 10, 2015 to July 30, 2015 in the amount of $23,713,387.68, Self-Insurance payments from July 10, 2015 to July 30, 2015 in the amount of $1,003,249.73, totaling $24,716,637.41. Ordinances: c. First reading of the following Ordinances amending various sections of the Municipal Code:

1. Amending Section 2.04.080 relating to City Council Consent Calendar Agenda Items.

2. Amending Section 5.50.100 relating to Advertising on Taxicabs.

3. Amending Section 8.27.010 relating to Maintenance of property.

4. Adding Chapter 15.56 relating to Expedited Permitting Procedures for Small Residential Rooftop Solar Systems.

5. Amending BMC Section 16.32.060 relating to Tract Map Improvements.

6. Amending Section 17.60.070 relating to Specialized Signs. Resolutions: d. Resolution authorizing the sale ($1.00) of a surplus electrolier light pole to the Dust Bowl Historical Foundation, Inc., a nonprofit organization. e. Amendment No. 18 to Resolution No. 44-93 setting salaries and related benefits for the Temporary Unit (Transportation Officer I – III, Police Department).

ACTION TAKEN FR FR FR FR

FR FR

RES 097-15 REMOVED FOR SEPARATE CONSIDERATION


8. CONSENT CALENDAR continued f. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer’s 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 the demolishment of dangerous buildings and authorizing collection of the assessments by the Kern County Tax Collector. g. Resolution authorizing the City to enter into agreement with the California High-Speed Rail Authority to initiate the preparation of a High Speed Rail Station Area Plan for Downtown Bakersfield. h. A Resolution of Local Support of Congestion Mitigation and Air Quality (CMAQ) Projects for Federal Fiscal Years 2016/2017 & 2017/2018. i. A Resolution of Local Support of Regional Surface Transportation Program (RSTP) Projects for Federal Fiscal Years 2016/2017 and 2017/2018. j. Resolution determining that E.J. Ward, Inc. automated fueling systems and subsequent service and maintenance cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $70,000. k. Resolution determining that certain GeoTab GPS Fleet Tracking Systems cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore and purchase GeoTab GPS Fleet Tracking Systems from Blackhole Technologies, Inc., not to exceed $40,000.

ACTION TAKEN RES 098-15

REMOVED FOR SEPARATE CONSIDERATION RES 100-15 RES 101-15

RES 102-15 REMOVED FOR SEPARATE CONSIDERATION


8. CONSENT CALENDAR continued l. Resolutions of Intention (ROI) adding the following territories to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director’s Report for each:

1. ROI #1851 to add Area 4-138 (900 Dr. Martin Luther King Jr. Boulevard)

2. ROI #1852 to add Area 5-2. 79 (2200

Wible Road)

Agreements: m. Agreement with Golden Empire Affordable Housing, Inc. II for $300,000 HOME Investment Partnership Program (HOME) Community Development Housing Organization (CHDO) funds for the rehabilitation of approximately 102 units of multifamily housing known as Green Gardens Apartments located at 2300 South Union Avenue. n. Agreement with Muthana Corp., to provide concession services at the Mesa Marin Sports Complex. o. Pavement Rehabilitation and ADA Improvements at various GET Bus Stop locations:

1. Agreement with Golden Empire Transit for allocation of $500,000 of Transportation Development Act (TDA) Article 8 Funds for said improvements.

2. Appropriate $500,000 TDA Article 8 funds to

the Public Works Department's Capital Improvement Budget within the State Transportation Fund.

p. Final Map, Improvement Agreement, and Landscape Improvement Agreement with Froehlich, Inc. for Tract Map 6796 Phase 2, located east of Jenkins Road and north of Brimhall Road.

ACTION TAKEN

ROI 1851 ROI 1852 AGR 15-190 AGR 15-191 REMOVED BY STAFF

REMOVED BY STAFF


8. CONSENT CALENDAR continued q. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 7161 Phase 1, located east of Allen Road and north of White Lane. r. Final Map, Improvement Agreement, and Landscape Improvement Agreement with River Ranch Community, LLC for Tract 7243, located east of Old River Road and south of Berkshire Road. s. Final Map and Improvement Agreement with G.C. Investments for Parcel Map 12112 Phase 2, located at the northeast corner of Stockdale Highway and Coffee Road. t. Amendment No. 3 to Agreement No. 08-015 with Redflex ($257,476.80; revised not to exceed $742,282.80 and extend term five years) for Photo Enforced Redlight Citation Program. u. Amendment No. 3 to Agreement No. 12-124 with Crop Production Services ($100,000; revised not to exceed $564,000 and extend term one year) to continue the supply of chemicals and insecticides/herbicide. v. Amendment No. 1 to Disposition and Development Agreement (DDA) No. 15-058 with Mill Creek Village CIC, LP (Chelsea Investment Corporation) for the development of 63 units of affordable senior housing and a 100-space parking facility located at 508 18th Street. w. Contract Change Order No. 4 to Agreement No. 14-139 with GM Engineering ($18,080.27; revised not to exceed $681,507.21), for the project known as Forcemain Replacement for Fairfax Road Sewer Lift Station. x. Contract Change Orders Nos. 6, 22, 24, 25, and 26 to Agreement No. 13-140 with Security Paving Company, Inc. (decrease of $59,128.70; revised not to exceed $14,349,657.87), for the SR-58 Gap Closure Project.

ACTION TAKEN AGR 15-192 AGR 15-193 AGR 15-194 AGR 15-195

REMOVED FOR SEPARATE CONSIDERATION AGR 12-124(3)

REMOVED FOR SEPARATE CONSIDERATION AGR 14-139 CCO 4 AGR 13-140 CCO 6, CCO 22, CCO 24, CCO 25 CCO 26


8. CONSENT CALENDAR continued y. Contract Change Order Nos. 33, 35, 40, 41, [43 through 50] and 53 to Agreement No. 13-118 with Granite Construction ($28,196.92; revised not to exceed $26,217,558.84; change orders funded with Federal Earmark Funds {88.53%} and Capital Outlay Utility/Roads Fund {11.47%}) for the SR-178 and Morning Drive Interchange Project. (TRIP) z. Contract Change Orders 3, 4, and 5 to Agreement No. 14-241 with Security Paving Company ($654,195.00; revised not to exceed $82,695,516.04; change orders funded with Federal Earmark Funds {80%} and Capital Outlay Utility/Road Fund {20%}) for Beltway Operational Improvements (BOI) Project .(TRIP) Property Acquisition Agreements - TRIP: aa. Agreement with Charles and Sue Henriksen ($245,000) to purchase real property located at 4316 La Mirada Drive for the Centennial Corridor Project. ab. Agreement with Gloria Cortez ($153,000) to purchase real property located at 4308 Joseph Drive for the Centennial Corridor Project. ac. Agreement with Maureen Sliter ($138,000) to purchase real property located at 109 Morrison Street for the Centennial Corridor Project. ad. Agreement with Cherie Lynn Cadena ($287,000) to purchase real property located at 4212 La Mirada Drive for the Centennial Corridor Project. ae. Agreement with Karen Osgood and Gregory Rice, Co-Trustees of the Maureen Rice Family Trust dated 2/20/1987 ($1,158,000) to purchase real property located at 4800 Easton Drive – Units 108-112 for the Centennial Corridor Project. af. Agreement with Roberto and Silvia Villa ($502,000) to purchase real property located at 204 Williamson Way for the Centennial Corridor Project.

ACTION TAKEN AGR 13-118 CCO 33, CCO 35, CCO 40, CCO 41, CCO 43, CCO 44, CCO 45, CCO 46, CCO 47, CCO 48, CCO 49, CCO 50 CCO 53 AGR 14-241 CCO 3, CCO 4, CCO 5

AGR 15-196 DEED 8253 AGR 15-197 DEED 8254

AGR 15-198 DEED 8255 AGR 15-199 DEED 8256 AGR 15-200 DEED 8257 AGR 15-201 DEED 8258


8. CONSENT CALENDAR continued Bids: ag. Accept Bid and Approve Contract with Loop Electric, Inc. ($73,845.00) for Street Light Improvements: P Street from Ming Avenue to Belle Terrace. ah. Accept bid and approve annual contract with International Coatings Co., Inc., ($142,813.75) for the continued supply of traffic paint. ai. Accept bid and approve annual contract to Cal Mat Co. dba Vulcan Materials Company ($6,395,943.63) for the continued supply of street materials. aj. Accept bid and approve contract with Precision Fertilizer Spreading (not to exceed $109,000) for annual Hauling and Spreading of Biosolids. Miscellaneous: ak. Appropriate $8,800 in contributions from the Bakersfield Foundation to the Police Department Operating Budget within the General Fund to offset the costs of the K-9 trials event held June 27, 2015. al. Appropriate $110,900 Other State Shared Revenues from the Kern County Remote Access Network (RAN) to the General Fund Police Operating Budget, to provide funding for salaries and benefits, over-time, training and equipment for Latent Print Examiners and Crime Lab personnel. Successor Agency Business: am. Receive and file Successor Agency payments from July 10, 2015 to July 30, 2015 in the amount of $1,080,801.45. City Clerk Gafford announced memorandums were received from staff, requesting items 8.o. and 8.p. be removed from the agenda.

ACTION TAKEN AGR 15-202

AGR 15-203 AGR 15-204 AGR 15-205


8. CONSENT CALENDAR continued Councilmember Rivera announced that he would abstain, due to a conflict of interest, the proposed action will result in a measurable financial loss to his personal finances, specifically income, on item 8.v. Councilmember Smith announced that he would abstain, due to a conflict of interest, on item 8.p. Councilmember Parlier requested item 8.e. be removed for separate consideration. Councilmember Maxwell requested items 8.g., 8.k., 8.t., and 8.v. be removed for separate consideration. Motion by Vice-Mayor Hanson to adopt Consent Calendar items 8.a. through 8.am., with the deletion of items o and p, and removal of items 8.e., 8.g., 8.k., 8.t., 8.v. for separate consideration. e. Amendment No. 18 to Resolution No. 44-93 setting salaries and related benefits for the Temporary Unit (Transportation Officer I – III, Police Department). Motion by Councilmember Parlier to adopt Consent Calendar item 8.e. g. Resolution authorizing the City to enter into agreement with the California High-Speed Rail Authority to initiate the preparation of a High Speed Rail Station Area Plan for Downtown Bakersfield. Councilmember Maxwell asked if there were funds available to purchase the property, located on F Street and Golden State Highway, to begin moving forward with the development of a transportation hub and the relocation of the GET Bus and Greyhound Bus Station; thinks this will help convince the High Speed Rail Authority to use this location and not downtown. City Manager Tandy responded that staff will create a study on the matter. Motion by Councilmember Maxwell to adopt Consent Calendar item 8.g.

ACTION TAKEN APPROVED

RES 44-93(18)

APPROVED RES 099-15 AGR 15-189 APPROVED


8. CONSENT CALENDAR continued k. Resolution determining that certain GeoTab GPS Fleet Tracking Systems cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore and purchase GeoTab GPS Fleet Tracking Systems from Blackhole Technologies, Inc., not to exceed $40,000. Motion by Councilmember Maxwell to adopt Consent Calendar item 8.k. t. Amendment No. 3 to Agreement No. 08-015 with Redflex ($257,476.80; revised not to exceed $742,282.80 and extend term five years) for Photo Enforced Redlight Citation Program. Motion by Vice-Mayor Hanson to adopt Consent Calendar item 8.t. v. Amendment No. 1 to Disposition and Development Agreement (DDA) No. 15-058 with Mill Creek Village CIC, LP (Chelsea Investment Corporation) for the development of 63 units of affordable senior housing and a 100-space parking facility located at 508 18th Street. Motion by Councilmember Maxwell to adopt Consent Calendar item 8.v. 9. CONSENT CALENDAR PUBLIC HEARINGS

None. 10. HEARINGS a. Public Hearing to consider Resolution approving and adopting an adjusted fee for the development and improvement of parks within the City of Bakersfield (Proposed 2.47% increase). Public Works Director Fidler made staff comments.

ACTION TAKEN RES 103-15 APPROVED AGR 08-015(3)

APPROVED NOES MAXWELL AGR 15-058(1) APPROVED ABS RIVERA RES 104-15


10. HEARINGS ITEM 10.A. CONTINUED Hearing item 10.a. opened at 5:51 p.m. No one spoke Hearing item 10.a. closed at 5:51 p.m. Vice-Mayor Hanson requested this matter be referred to the Planning and Development Committee, to discuss if the City wants to continue building the same number of parks, the size of the parks being built, and annexations, in response to the current water crisis. Motion by Vice-Mayor Hanson to approve staff’s recommendation and adopt the Resolution. Motion by Councilmember Maxwell to deny staff’s recommendation and deny the adjusted park development fee for one year. Motion by Vice-Mayor Hanson to approve staff’s recommendation and adopt the Resolution. b. Public Hearing to consider Resolution denying the appeal by Robert G. Kuhs on behalf of Estates at Rio Bravo, L.P., upholding the Board of Zoning Adjustment decision approving conditional use permit 15-0096 to construct a 70-foot tall monopole wireless telecommunications facility camouflaged as a pine tree with ancillary equipment in an R-1 (One-Family Dwelling Zone) district located at 4841 Ventana Canyon Drive. (Applicant/Owner: Sequoia Deployment Services, representing A&E Union Inc.) City Clerk Gafford announced a staff memorandum was received, transmitting the corrected Planning Commission Resolution; in addition, correspondence was received from Thomas McGuire, of Verizon, providing a supplemental statement regarding alternatives 2 through 5.

ACTION TAKEN

FAILED NOES WEIR, SMITH, HANSON, SULLIVAN, PARLIER

APPROVED NOES RIVERA, MAXWELL RES 105-15


10. HEARINGS ITEM 10.B. CONTINUED Community Development Director McIsaac made staff comments and provided a PowerPoint presentation. Hearing item 10.b. opened at 6:34 p.m. The following individuals spoke in opposition to the staff recommendation: Ed Coyne, representing Estates at Rio Bravo; Richelle Cariño, representing D.R. Horton; and Craig Michaud. The following individuals spoke in support of the staff recommendation: Melissa Samarin; Paul Albritton, outside counsel for Verizon Wireless. Hearing item 10.b. closed at 7:04 p.m. Motion by Councilmember Weir to adopt the Resolution with the addition of the following conditions, at the discretion of the Planning Director: include a sufficient amount of trees to camouflage the area on the south side of the tower; and provide drought tolerant bushes and vegetation to completely surround the outer block wall to further enhance the appearance of the facility and provide a more natural setting for the area. Mayor Hall recessed the meeting at 7:15 p.m. and reconvened the meeting at 7:22 p.m. c. Public Hearing to consider Resolution denying the appeals by Aneta Adams and Scott Lehman and uphold the Planning Commission's decision approving Planned Development Review No. 15-0053 for a 125,000 square foot retail center on 14.65 acres in a C-2-P.C.D (Regional Commercial Zone-Planned Commercial Development Zone) district located at 1201 Allen Road. (Applicant/Property Owner: Artisan Square Investments LLC). (continued from the 7/22/15 meeting)

ACTION TAKEN APPROVED

RES 106-15


10. HEARINGS ITEM 10.C. CONTINUED City Clerk Gafford announced correspondence was received from Scott and Melinda Kirschenmann, in opposition to the construction of a Walmart on the site. Councilmember Smith announced that he would abstain, due to a conflict of interest, a person involved in the proposed action (Ron Froehlich) is a source of income to himself, on item 10.c. Community Development Director McIsaac made staff comments and provided a PowerPoint presentation. Hearing item 10.c. opened at 7:34 p.m. Aneta Adams spoke in opposition to the staff recommendation and stated residents, of Brimhall Estates and the surrounding neighborhoods, agreed to the following language in the conditions of approval: (1) no gas station shall be allowed on the entire 15 acre site (2) the hours of operation for fast food restaurant shall be from 5:00 a.m. to 1:00 a.m. Monday through Friday, and from 5:00 a.m. to 2:00 a.m. Friday through Sunday (3) any work performed in the tire shop located on Artisan Square site shall be conducted inside the four walls of the building, in accordance with the noise standards of Bakersfield Municipal Code section 17.24.020 B.4 and PCD section 17.54.060 I, no work shall be commenced outside the building (4) the project entrance shall be signalized on Allen Road at Overton Street, which will include a “pork chop” median to provide the following ingress and egress: a left turn lane into the project from northbound Allen Road; a left turn exiting the project onto northbound Allen Road; right turn only onto Overton Street from northbound Allen Road; right turn only onto northbound Allen Road from Overton Street; and crosswalks across Allen Road and across Overton Street.

ACTION TAKEN


10. HEARINGS ITEM 10.C. CONTINUED The following individuals spoke in support of the staff recommendation: Duane Keathly, with Cushman and Wakefield, representing the Froehlich family; Tony Graham; and Amber Johnson. Hearing item 10.c. closed at 7:43 p.m. Motion by Vice-Mayor Hanson to approve staff’s recommendation and adopt the Resolution, with the addition of the conditions stated by Ms. Adams. Mayor Hall thanked the Froehlich family for moving forward with this project and feels it is going to be outstanding for the community; commended the Froehlich Family for their commercial developments in northwest Bakersfield over the past ten years; and believes it is important to encourage new business to reinvest into the community and bring more jobs. 11. REPORTS a. Street Maintenance Program:

1. Staff presentation on the process of evaluating and prioritizing City streets in need of maintenance.

2. Award of Design Consultant Agreement

with NCE ($207,000) for design services for the Pavement Management System project.

Public Works Director Fidler made staff comments. Public Works Design Engineer Grewal made additional staff comments and provided a PowerPoint presentation. Councilmember Maxwell requested the Council be provided any drafts or reports generated from the company during this process; asked to have a ride-a- long to see how the process goes; and requested to be involved in any meetings concerning this matter.

ACTION TAKEN

APPROVED ABS SMITH AGR 15-206


11. REPORTS Motion by Councilmember Maxwell to adopt Reports item 11.a. b. City Council Retreat Motion by Vice-Mayor Hanson to table this matter until staff can find an available date. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS

None.

14. COUNCIL AND MAYOR STATEMENTS Councilmember Rivera requested staff work with the County on possible ways to alleviate the ongoing traffic concerns on S. Fairfax Road. Councilmember Maxwell stated there has been a speeding issue in the Oleander area, around the 2200 block of Roosevelt, and requested the Police Department set up a traffic radar monitor to remind people to slow down in the residential area. Councilmember Maxwell commended Councilmember Parlier for his idea of reintroducing Transportation Officers in order to help sworn officers get back on the streets faster, reducing response times and saving the City money. Councilmember Parlier thanked Councilmember Maxwell for his thoughtful statements. Councilmember Parlier requested staff prepare a Resolution in support of the proposed State legislation for the renaming of the Hosking Interchange to Officer David Nelson Memorial Interchange. Vice-Mayor Hanson asked staff to invite Executive Director of Bakersfield’s Animal Care Center Julie Johnson to the next Legislative and Litigation Committee to discuss the negative impact fireworks has upon animals.

ACTION TAKEN APPROVED APPROVED


14. COUNCIL AND MAYOR STATEMENTS continued Councilmember Smith made comments on how Mayor Hall and City Manager Tandy responded to a question, at the State of the City, on what they thought would best improve the economy; he feels the way the Council and the neighborhoods surrounding a new development came to a compromise tonight demonstrates Mayor Hall’s idea of being business friendly; and City Manager Tandy’s idea of maintaining a good quality of life, was demonstrated by park development and road infrastructure. 15. ADJOURNMENT Mayor Hall adjourned the meeting at 8:22 p.m. ___________________________________

MAYOR of the City of Bakersfield, CA ATTEST:

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

ACTION TAKEN


MEETING DATE: 9/2/2015 Consent - Payments b.


FROM: Nelson K. Smith, Finance Director

DATE: 8/20/2015

WARD:

SUBJECT: Receive and file department payments from July 31, 2015 to August 20, 2015, in the amount of $30,376,523.58, Self Insurance payments from July 31, 2015 to August 20, 2015, in the amount of $417,755.81, totaling $30,794,279.39.

STAFF RECOMMENDATION: Staff recommends report be received and filed.

BACKGROUND:

ATTACHMENTS:

Description Type

1-AP Check Register Admin 09-02-15 Backup Material

2-EPay Check Register Admin 09-02-15 Backup Material

8/20/2015 CITY OF BAKERSFIELD - CHECK REGISTER

FROM 7/31/2015 TO 8/20/2015

PAGE 1

Check

Number

Vendor

Number Vendor Name Check Date Check Amount

619243 10158 ALEXANDER, SUSAN Jul 31, 2015 $19.90

619244 359 ANDERSON, ALLEN M Jul 31, 2015 $15.36

619245 28096 ANDERSON, MCARTHUR Jul 31, 2015 $42.50

619246 11517 ANSON, GARY Jul 31, 2015 $26.71

619247 10037 ANTHONY MORALES Jul 31, 2015 $340.00

619248 24927 ARRIBILLAGA, ROSEMARIE Jul 31, 2015 $42.50

619249 15209 BERTRAND, FLOYD Jul 31, 2015 $42.50

619250 1111 BLACKBURN, CLEO Jul 31, 2015 $42.50

619251 18129 BROWN, JIM W Jul 31, 2015 $125.00

619252 23424 CADENA, ANDRES Jul 31, 2015 $125.00

619253 1463 CADENA, JAKE Jul 31, 2015 $42.50

619254 1771 CARROLL, EUGENE J Jul 31, 2015 $42.50

619255 1884 CHAIN COHN STILES Jul 31, 2015 $275.00

619256 12236 COLBURN, SCOTT Jul 31, 2015 $42.50

619257 2161 CONNOR, MICHAEL Jul 31, 2015 $125.00

619258 10697 CRAWFORD, KAREN Jul 31, 2015 $28.98

619259 2261 CUNNINGHAM, TERRY Jul 31, 2015 $15.36

619260 2435 DE LAURIE, JERRY Jul 31, 2015 $42.50

619261 11430 DEEM, JEWELL Jul 31, 2015 $6.27

619262 2630 DOYLE, MIKE Jul 31, 2015 $40.33

619263 24281 DUNN-YONKE, DEBRA Jul 31, 2015 $325.50

619264 26975 FRANCO, JOSEPH Jul 31, 2015 $125.00

619265 17969 GALLEGOS, WILLIAM Jul 31, 2015 $125.00

619266 308 GARDENERS SUPPLY Jul 31, 2015 $102.10

619267 12742 GEORGE, PRESTON Jul 31, 2015 $42.50

619268 14964 GIBSON, BOB G Jul 31, 2015 $42.50

619269 3452 GRAYBAR ELECTRIC COMPANY Jul 31, 2015 $2,838.51

619270 24139 GUTIERREZ TIRE & WHEEL INC Jul 31, 2015 $2,246.58

619271 25970 HACKER, ROBERT Jul 31, 2015 $42.50

619272 3593 HALL LETTER SHOP Jul 31, 2015 $170.55

619273 27981 HENNESSY, LINSEE Jul 31, 2015 $234.00

619274 3770 HERRERA, FRANK R Jul 31, 2015 $42.50

619275 11438 HUNTINGTON, LORRAINE Jul 31, 2015 $33.52

619276 24194 JOHNSON, CLARISSE Jul 31, 2015 $42.50

619277 27671 KELLER, MAXINE Jul 31, 2015 $42.50

619278 4435 KERN COUNTY CLERKS Jul 31, 2015 $350.00

619279 16285 KERN COUNTY PLANNING DEPT Jul 31, 2015 $200.00

619280 4581 KERN ELECTRIC DISTRIBUTORS Jul 31, 2015 $1,610.89

619281 7492 KERN MACHINERY INC Jul 31, 2015 $31.96

619282 4861 KISCO SALES INC Jul 31, 2015 $996.74

619283 70239 KLONDIKE CONSTRUCTION LLC Jul 31, 2015 $10,000.00

619284 70240 LINARDOS ENTERPRISES INC Jul 31, 2015 $980.00

619285 5163 LOPEZ, FRANK Jul 31, 2015 $42.50

619286 24061 MAHAFFEY, BOBBY Jul 31, 2015 $42.50

619287 18495 MELO'S GAS & GEAR INC Jul 31, 2015 $60.81

619288 7064 MERCHANTS PRINTING & ENVELOPE Jul 31, 2015 $1,205.08

619289 10037 MG CONCRETE Jul 31, 2015 $200.00

619290 27731 MILLER, JEFFERY Jul 31, 2015 $125.00

619291 5547 MINUTEMAN PRESS Jul 31, 2015 $1,791.15

619292 5688 MOTION INDUSTRIES INC Jul 31, 2015 $150.47

619293 5687 MOTOR CITY SALES & SERVICE Jul 31, 2015 $121.26

619294 5896 NEWTON, KENNETH RAY Jul 31, 2015 $42.50

S:\Accounting\Dawn T\Admin - Council\2015\COUNCIL-ADMIN\


FROM 7/31/2015 TO 8/20/2015

PAGE 2

Check

Number

Vendor


619295 10037 NORA WEBER Jul 31, 2015 $200.00

619296 24279 O'REILLY AUTO PARTS Jul 31, 2015 $188.46

619297 27975 OWEN, M ROSE Jul 31, 2015 $15.36

619298 11450 PAINTER, JULIA Jul 31, 2015 $42.50

619299 11451 PHILLIPS, SHIRLEY A Jul 31, 2015 $28.98

619300 26754 RAMIREZ, RUBEN JR Jul 31, 2015 $125.00

619301 28420 REED, JORDAN Jul 31, 2015 $614.90

619302 26535 REYNOSO, LYNETTE Jul 31, 2015 $104.00

619303 28060 ROBERTS, EMMA Jul 31, 2015 $42.50

619304 10115 ROSSEN, KEN Jul 31, 2015 $255.45

619305 10037 SHELIA TALBOT Jul 31, 2015 $80.00

619306 7357 SHERMAN, THOMAS Jul 31, 2015 $42.50

619307 70187 STANS DISCOUNT PLUMBING Jul 31, 2015 $128.00

619308 20357 TEUTIMEZ, DONALD Jul 31, 2015 $33.52

619309 25230 THOMAS, JUDY Jul 31, 2015 $15.36

619310 26861 TORRES, SHIRLEY Jul 31, 2015 $42.50

619311 24193 URSIN, MARGARET Jul 31, 2015 $42.50

619312 17940 VINCENT, LESLIE Jul 31, 2015 $31.25

619313 13909 VOYLES II, ROBERT L Jul 31, 2015 $2,000.00

619314 23357 WALCK, CORA Jul 31, 2015 $42.50

619315 25541 WATTS, BOBBY Jul 31, 2015 $48.75

619316 15380 WILLIAMS, ISABEL Jul 31, 2015 $42.50

619317 9052 WISHAM, DARLENE Jul 31, 2015 $42.50

619318 10037 WORD OF LIFE MINISTRIES Jul 31, 2015 $100.00

619319 1157 ANTHEM BLUE CROSS Jul 31, 2015 $565,206.61

619320 14993 CALIFORNIA AIR RESOURCES BOARD Jul 31, 2015 $773.32

619322 3427 GRAINGER INC, W W Jul 31, 2015 $5,693.16

619325 7933 HOME DEPOT Jul 31, 2015 $2,381.59

619326 12857 KAISER PERMANENTE Jul 31, 2015 $35,966.29

619327 10196 KERN COUNTY D A'S OFFICE Jul 31, 2015 $1,849.00




619331 4573 KERN COUNTY WATER AGENCY Jul 31, 2015 $338,743.44

619333 4680 KERN RIVER POWER EQUIPMENT INC Jul 31, 2015 $2,733.84

619339 4740 KERN TURF SUPPLY Jul 31, 2015 $10,498.48

619341 15624 LOWE'S HOME IMPROVEMENT Jul 31, 2015 $1,555.51

619342 10113 MEDICAL EYE SERVICE COMPANY Jul 31, 2015 $216.32

619343 30026 METLIFE INC Jul 31, 2015 $2,650.62

619344 10142 PACIFIC UNION DENTAL (UHC) Jul 31, 2015 $5,381.65

619345 19844 VAN WYK, MITCH Jul 31, 2015 $8,047.17

619346 10204 ASSOCIATION BKFD POLICE OFFICER FCU Jul 31, 2015 $15,129.25

619347 10211 BAKERSFIELD FIREMEN Jul 31, 2015 $8,992.91

619348 10200 BAKERSFIELD FIREMEN RELIEF ASS Jul 31, 2015 $8,265.90

619349 10203 BAKERSFIELD POLICE BENEFIT Jul 31, 2015 $24,617.10

619350 10198 KERN COUNTY PUBLIC EMP ASSOC Jul 31, 2015 $720.20

619351 10205 MUTUAL BENEFIT ASSOCIATION Jul 31, 2015 $2,164.99

619352 26810 RELIASTAR LIFE INSURANCE CO Jul 31, 2015 $893.47

619353 22324 SEIU LOCAL 521 Jul 31, 2015 $21,081.59

619354 8351 U S POST OFFICE Aug 4, 2015 $530.00

619355 28 A C ELECTRIC COMPANY Aug 6, 2015 $37,594.00

619356 537 A T & T Aug 6, 2015 $367.41



FROM 7/31/2015 TO 8/20/2015

PAGE 3

Check

Number

Vendor


619357 20576 ACTION GLASS INC Aug 6, 2015 $1,700.77

619358 15433 ADVANCE MOBILE SECURITY Aug 6, 2015 $418.04

619359 17100 AEROS ENVIRONMENTAL INC Aug 6, 2015 $185.00

619360 28011 AG EXPO MAGAZINE INC Aug 6, 2015 $210.00

619361 12516 AIMS Aug 6, 2015 $32,472.41

619362 19696 ALEMAN, KIM Aug 6, 2015 $112.13

619363 25939 ALL CARTS Aug 6, 2015 $495.50

619364 19496 ALL PRO CLEANING SERVICE Aug 6, 2015 $840.00

619365 22907 ALONSO, OSCAR Aug 6, 2015 $40.00

619366 23588 ALUMINUM CHUCK WAGON Aug 6, 2015 $25,688.30

619367 28369 ALVAREZ, LUIS Aug 6, 2015 $84.00

619368 340 AMERIGAS Aug 6, 2015 $109.65

619369 371 ANDERSON, STEVE Aug 6, 2015 $50.00

619370 1049 APPLIED LNG TECHNOLOGIES Aug 6, 2015 $25,676.12

619371 22588 ARROWHEAD FORENSICS Aug 6, 2015 $1,330.63

619372 523 ATCO INTERNATIONAL Aug 6, 2015 $157.70

619373 13028 B & H PHOTO VIDEO INC Aug 6, 2015 $163.51

619374 25940 BACA, ANTHONY Aug 6, 2015 $189.00

619375 675 BAKERSFIELD CALIFORNIAN Aug 6, 2015 $165.09

619376 23342 BAKERSFIELD LOCK AND SAFE CO INC Aug 6, 2015 $53.75

619377 857 BAKERSFIELD S P C A Aug 6, 2015 $92.88

619378 850 BAKERSFIELD SENIOR CENTER Aug 6, 2015 $6,166.55

619379 875 BAKERSFIELD TRUCK CENTER Aug 6, 2015 $113.03

619380 28365 BALTIC NETWORKS USA Aug 6, 2015 $1,068.38

619384 945 BARNETT'S TOWING SERVICE INC Aug 6, 2015 $35.00

619385 28430 BELL MEMORIALS & GRANITE WORKS INC Aug 6, 2015 $5,631.36

619386 28231 BIG BRAND TIRE CO Aug 6, 2015 $65.00

619387 21172 BLACKHOLE TECHNOLOGIES INC Aug 6, 2015 $10,290.26

619388 26219 BLOORE K9 TRAINING & CONSULTING Aug 6, 2015 $1,950.00

619389 25441 BLX GROUP LLC Aug 6, 2015 $2,000.00

619390 1175 BOBS WHOLESALE AUTO GLASS Aug 6, 2015 $394.25

619391 18692 BOUND TREE MEDICAL LLC Aug 6, 2015 $2,137.66

619392 1249 BRANDCO Aug 6, 2015 $483.21

619393 23051 BRENNTAG PACIFIC Aug 6, 2015 $1,308.26

619394 19303 BRIGHT HOUSE NETWORKS Aug 6, 2015 $629.30

619395 24464 BROWN, CLAUDE Aug 6, 2015 $189.00

619396 24940 CAMPBELL, CHRIS Aug 6, 2015 $504.00

619397 20982 CBA LIGHTING & CONTROLS INC Aug 6, 2015 $435.25

619398 19675 CENTER FOR CREATIVE LAND RECYCLING Aug 6, 2015 $50.00

619399 1888 CHAMPION HARDWARE Aug 6, 2015 $152.37

619400 22175 CLEAN CUT LANDSCAPE Aug 6, 2015 $9,250.00

619401 2050 CLIFFORD & BROWN Aug 6, 2015 $2,588.90


619403 2050 CLIFFORD & BROWN Aug 6, 2015 $790.32

619404 25259 COMMERCIAL CLEANING SYSTEMS INC Aug 6, 2015 $7,099.04

619405 695 COMPUCOM SYSTEMS INC Aug 6, 2015 $313,911.43

619406 27509 CONTRERAS, ANGEL Aug 6, 2015 $126.00

619407 2245 CROCKER JANITORIAL SUPPLY CO Aug 6, 2015 $6,962.40

619408 27218 CUMMINS PACIFIC LLC Aug 6, 2015 $5,408.62

619409 28148 D P CONSULTING Aug 6, 2015 $1,600.00

619410 25337 DAVES FLEET MAINT & TOWING INC Aug 6, 2015 $110.00

619411 4140 DAVID JANES COMPANY Aug 6, 2015 $294.44



FROM 7/31/2015 TO 8/20/2015

PAGE 4

Check

Number

Vendor


619412 24213 DIAMOND H HAULING Aug 6, 2015 $375.00

619413 2772 E M THARP, INC Aug 6, 2015 $252.00

619414 2752 ELBERT DISTRIBUTING Aug 6, 2015 $119.64

619415 546 ENVIRONMENTAL CONCEPTS Aug 6, 2015 $3,057.26

619416 23720 ERNEST PACKING SOLUTIONS INC Aug 6, 2015 $1,674.22

619417 2830 EWING IRRIGATION PRODUCTS Aug 6, 2015 $149.92

619418 2901 FEDEX Aug 6, 2015 $56.29

619419 19657 FIRST CHOICE SERVICES INC Aug 6, 2015 $238.62

619420 25339 FLEET SERVICES TOWING INC Aug 6, 2015 $105.00

619421 3028 FLOYDS GENERAL STORE Aug 6, 2015 $541.50

619422 22966 FORENSIC NURSE SPECIALISTS INC Aug 6, 2015 $6,700.00

619423 19591 FORK LIFT SPECIALTIES INC Aug 6, 2015 $185.00

619424 28372 FUENTES, OSCAR Aug 6, 2015 $503.32

619425 21457 FUNCTIONAL ERGONOMICS Aug 6, 2015 $300.00

619426 28064 GENERAL TREE SERVICE INC Aug 6, 2015 $19,850.00

619427 3358 GILLIAM & SONS INC Aug 6, 2015 $64,762.25

619428 28315 GLOCK INC Aug 6, 2015 $107.50

619429 26302 GOMEZ, JOSE Aug 6, 2015 $217.00

619430 28337 GOVWARE LLC Aug 6, 2015 $119,940.63

619431 3452 GRAYBAR ELECTRIC COMPANY Aug 6, 2015 $2,390.49

619432 24693 GRUBBS, JOSH Aug 6, 2015 $63.00

619433 24139 GUTIERREZ TIRE & WHEEL INC Aug 6, 2015 $3,493.28

619434 24429 H & E EQUIPMENT SERVICES LLC Aug 6, 2015 $1,030.75

619435 3569 H & S BODY WORKS & TOWING Aug 6, 2015 $35.00

619436 3579 HACH COMPANY Aug 6, 2015 $573.20

619437 162 HADDAD DODGE Aug 6, 2015 $60.02

619438 3593 HALL LETTER SHOP Aug 6, 2015 $285.15

619439 27007 HARRELSON, PATRICK Aug 6, 2015 $217.00

619440 28428 HENDERSON, TYLER Aug 6, 2015 $189.00

619441 22003 HERRIOTT, GABRIEL Aug 6, 2015 $500.00

619442 25159 ID WHOLESALER Aug 6, 2015 $344.50

619443 3972 INSIGHT PUBLIC SECTOR Aug 6, 2015 $16,156.28

619444 20795 IPC USA INC Aug 6, 2015 $57,956.68

619445 3239 J GARDNER & ASSOCIATES LLC Aug 6, 2015 $733.00

619446 11855 JACK DAVENPORT SWEEPING SERVICE INC Aug 6, 2015 $98.00

619447 26694 JACOBSEN WEST Aug 6, 2015 $1,890.34

619448 28431 JOHNSON, PAUL Aug 6, 2015 $25.00

619449 4254 JUDICIAL DATA SYSTEMS CORPORAT Aug 6, 2015 $420.84

619450 19554 K & R TOWING Aug 6, 2015 $35.00

619451 4288 KAMAN INDUSTRIAL TECHNOLOGIES INC Aug 6, 2015 $1,110.62

619452 26066 KARR, STEVEN Aug 6, 2015 $189.00

619453 4543 KERN COUNTY SHERIFF CORONER Aug 6, 2015 $112,307.10

619454 4550 KERN COUNTY SUPT OF SCHOOLS Aug 6, 2015 $2,269.98

619455 4573 KERN COUNTY WATER AGENCY Aug 6, 2015 $13,756.97

619456 4680 KERN RIVER POWER EQUIPMENT INC Aug 6, 2015 $1,588.05

619457 4701 KERN SPRINKLER LANDSCAPING INC Aug 6, 2015 $776.00

619458 4740 KERN TURF SUPPLY Aug 6, 2015 $1,232.87

619459 4837 KING, DAVID Aug 6, 2015 $56.48

619460 4861 KISCO SALES INC Aug 6, 2015 $74.21

619461 27461 KISER, CALEB Aug 6, 2015 $500.00

619462 26712 LANGUAGE HARMONY Aug 6, 2015 $350.00

619463 5018 LARRY & RONS UPHOLSTERY Aug 6, 2015 $237.00



FROM 7/31/2015 TO 8/20/2015

PAGE 5

Check

Number

Vendor


619464 22408 LEHR AUTO ELECTRIC Aug 6, 2015 $38,507.55

619465 5122 LOG CABIN FLORIST Aug 6, 2015 $104.71

619466 27465 LR APPAREL Aug 6, 2015 $104.75

619467 12095 MADDEN, CLAYTON Aug 6, 2015 $160.00

619468 23584 MEADORS, JASON Aug 6, 2015 $95.00

619469 7064 MERCHANTS PRINTING & ENVELOPE Aug 6, 2015 $1,299.68

619470 18520 METROPOLITAN RECYCLING LLC Aug 6, 2015 $20,808.56

619471 24077 MICHEL AUTO TECH Aug 6, 2015 $4,308.69

619472 1316 MICHELIN NORTH AMERICA INC Aug 6, 2015 $10,664.62

619473 27180 MILLENNIUM CONSULTING ASSOC INC Aug 6, 2015 $10,715.50

619474 1322 MITCHELL REPAIR INFO CO Aug 6, 2015 $1,571.74

619475 19305 MOORE IACOFANO GOLTSMAN INC Aug 6, 2015 $11,237.75

619476 5688 MOTION INDUSTRIES INC Aug 6, 2015 $513.56

619477 5687 MOTOR CITY SALES & SERVICE Aug 6, 2015 $13.87

619478 24446 MSA SYSTEMS INC Aug 6, 2015 $7,604.82

619479 27379 MUNICIPAL EMERGENCY SERVICES Aug 6, 2015 $483.76

619480 5790 MUXLOW CONSTRUCTION Aug 6, 2015 $3,500.00

619481 27446 N D TECHNOLOGY Aug 6, 2015 $8,489.18

619482 25788 NETXPERTS INC Aug 6, 2015 $32,405.74

619483 5926 NORTH BAKERSFIELD RECREATION & Aug 6, 2015 $64,353.61

619484 23333 O'GRADY, JOE Aug 6, 2015 $840.00

619485 24279 O'REILLY AUTO PARTS Aug 6, 2015 $2,755.07

619486 27787 ORTIZ, STEPHANIE Aug 6, 2015 $51.60

619487 22301 OVERLAND PACIFIC & CUTLER INC Aug 6, 2015 $257,286.99

619488 14515 OXLEY'S PEST CONTROL INC Aug 6, 2015 $85.00

619489 17512 PACHECO, URIEL Aug 6, 2015 $100.00

619490 13209 PARKHOUSE TIRE INC Aug 6, 2015 $1,590.64

619491 19231 PARSONS BRINCKERHOFF CONST SERVICES Aug 6, 2015 $342,648.73

619492 26926 PATTERSON, LARRY Aug 6, 2015 $126.00

619493 24029 PAYLESS TOWING Aug 6, 2015 $165.00

619494 17467 PCMG INC Aug 6, 2015 $22,402.44

619495 25177 PENNY LANDSCAPING SERVICES INC Aug 6, 2015 $650.00

619496 27514 PHILLIPS, CHARLIE Aug 6, 2015 $189.00

619497 17911 PLCS PLUS INTERNATIONAL INC Aug 6, 2015 $625.00

619498 20943 PONTON INDUSTRIES Aug 6, 2015 $1,015.72

619499 27911 PORTERVILLE FORD Aug 6, 2015 $965.76

619500 6430 POWER MACHINERY CENTER Aug 6, 2015 $301.61

619501 178 PRAXAIR DISTRIBUTION INC Aug 6, 2015 $87.81

619502 20415 PROFORCE LAW ENFORCEMENT INC Aug 6, 2015 $432.20

619503 27625 PROTECTION FORCE PRIVATE SECURITY I Aug 6, 2015 $1,138.50

619504 24435 PROVANTAGE CORP Aug 6, 2015 $403.34

619505 6670 RANDALL, MAURICE Aug 6, 2015 $104.08

619506 20713 RANDY'S TOWING Aug 6, 2015 $70.00

619507 20538 RAYMAR INFORMATION TECHNOLOGY INC Aug 6, 2015 $2,496.92

619508 6682 RAYMONDS TROPHY AND AWARDS Aug 6, 2015 $422.51

619509 6727 REFRIGERATION SUPPLIES DIST. INC Aug 6, 2015 $715.03

619510 26863 RIOS, RICHARD Aug 6, 2015 $129.87

619511 5681 ROBERT B MOSS JR Aug 6, 2015 $120.00

619512 28429 ROSEMARY LOPEZ AS GUARDIAN AD LITEM Aug 6, 2015 $100,000.00

619513 6915 ROUND-UP FEED AND PET SUPPLY Aug 6, 2015 $526.59

619514 13860 RUETTGERS & SCHULER CIVIL ENG Aug 6, 2015 $525.00

619515 27361 SC FUELS Aug 6, 2015 $18,466.63



FROM 7/31/2015 TO 8/20/2015

PAGE 6

Check

Number

Vendor


619516 22053 SCANLAN, DEBBIE Aug 6, 2015 $25.00

619517 23060 SCHNEIDER PUBLISHING CO INC Aug 6, 2015 $2,595.00

619518 7283 SEQUOIA PAINT COMPANY INC Aug 6, 2015 $126.70

619519 28253 SERVPRO OF NW BAKERSFIELD Aug 6, 2015 $1,253.62

619520 12405 SHERMAN, CHARLES Aug 6, 2015 $500.00

619521 11090 SHERWIN WILLIAMS COMPANY Aug 6, 2015 $647.39

619522 26203 SIERRA CONST & EXCAVATION INC Aug 6, 2015 $31,686.72

619523 7434 SMART & FINAL IRIS COMPANY Aug 6, 2015 $224.39

619524 27951 SOLENIS LLC Aug 6, 2015 $60,736.07

619525 23456 SORENSON,VERNON MD INC Aug 6, 2015 $528.63

619526 24476 SOTO, ROBERT Aug 6, 2015 $252.00

619527 26602 SOUTHWEST GREENS Aug 6, 2015 $3,364.88

619528 11907 SPARKLETTS/SIERRA SPRINGS Aug 6, 2015 $545.56

619529 26833 SPEAR SECURITY & MGMT CO INC Aug 6, 2015 $5,858.88

619530 17077 STERICYCLE INC Aug 6, 2015 $705.42

619531 28432 STREET, WILLIAM Aug 6, 2015 $38.00

619532 27451 STRONG, MICHAEL Aug 6, 2015 $50.00

619533 3565 SUNGARD PUBLIC SECTOR INC Aug 6, 2015 $122.78

619534 15878 SUPERIOR CONSTRUCTION INC Aug 6, 2015 $23,812.15

619535 24575 SWANK MOTION PICTURES INC Aug 6, 2015 $486.00

619536 28163 SWITZER, PHILIP Aug 6, 2015 $189.00

619537 24444 TEICHERT CONSTRUCTION Aug 6, 2015 $989,154.91

619538 25338 TEN EIGHT TOW INC Aug 6, 2015 $35.00

619539 16011 TRAINING INNOVATIONS INC Aug 6, 2015 $750.00

619540 96 TYACK TIRES INC Aug 6, 2015 $856.18

619541 8252 UNDERGROUND SERVICE ALERT INC Aug 6, 2015 $6,119.04

619542 21501 URBAN RESTORATION INC Aug 6, 2015 $2,407.50

619543 8391 URNERS APPLIANCE CENTER Aug 6, 2015 $84.00

619544 23301 VALLEY CYCLE & MOTOR SPORTS INC Aug 6, 2015 $84.04

619545 26060 VANGUARD CLEANING SYSTEMS INC Aug 6, 2015 $375.00

619546 8640 VETTER, KENNETH E Aug 6, 2015 $50.00

619547 4141 WATTENBARGER DO IT CENTER Aug 6, 2015 $253.89

619548 8936 WESTERN EXTERMINATOR COMPANY Aug 6, 2015 $682.00

619549 21212 WHITE CAP CONSTRUCTION SUPPLY Aug 6, 2015 $225.32

619550 26337 WHITE, WILLIAM Aug 6, 2015 $63.00

619551 28008 WINNER CHEVROLET Aug 6, 2015 $21,132.50

619552 10349 WORKFORCE SAFETY Aug 6, 2015 $2,500.00

619553 11063 ZARAGOZA, MARISELA Aug 6, 2015 $89.70

619554 28351 ZAVALA, MANUEL Aug 6, 2015 $79.93

619555 17690 ZONES Aug 6, 2015 $5,650.53

619556 70001 A-C ELECTRIC COMPANY Aug 6, 2015 $60,068.48

619560 78 ADVANCED DISTRIBUTION CO Aug 6, 2015 $21,366.97

619561 27862 CALIFORNIA SOCIETY OF CPAS Aug 6, 2015 $329.00

619564 1696 CALIFORNIA WATER SERVICE Aug 6, 2015 $38,543.51

619565 20701 CGIA PMB 331 Aug 6, 2015 $2,250.00

619566 1941 CHEVRON U S A Aug 6, 2015 $498.02

619567 1944 CHICAGO TITLE COMPANY INC Aug 6, 2015 $219,659.20

619568 15634 CITY OF BAKERSFIELD Aug 6, 2015 $3,227.60

619569 17023 CITY OF BAKERSFIELD Aug 6, 2015 $8,460.00

619570 11641 EMBASSY SUITES Aug 6, 2015 $228.43

619571 26312 EPIC AVIATION INC Aug 6, 2015 $663.91

619572 2959 FIRST AMERICAN TITLE COMPANY Aug 6, 2015 $238,443.00



FROM 7/31/2015 TO 8/20/2015

PAGE 7

Check

Number

Vendor


619573 7509 GAS COMPANY Aug 6, 2015 $47.66

619575 3427 GRAINGER INC, W W Aug 6, 2015 $3,079.10

619577 28263 GREEN GRASS LAWN CARE Aug 6, 2015 $1,370.00

619579 7933 HOME DEPOT Aug 6, 2015 $1,411.02

619580 14540 HOOSE NEWS SERVICE Aug 6, 2015 $81.70

619583 15624 LOWE'S HOME IMPROVEMENT Aug 6, 2015 $1,656.94

619584 5700 MOTON, LISA Aug 6, 2015 $71.90

619585 12273 NATIONAL NOTARY ASSOCIATION Aug 6, 2015 $178.00

619586 14088 PACIFIC GAS & ELECTRIC Aug 6, 2015 $10,723.00

619587 14088 PACIFIC GAS & ELECTRIC Aug 6, 2015 $1,052.51

619588 6114 PACIFIC GAS & ELECTRIC COMPANY Aug 6, 2015 $1,502.45


619592 6376 PIONEER PAINT Aug 6, 2015 $7,276.16

619593 15212 U.S. BEHAVIORAL HEALTH PLAN Aug 6, 2015 $1,169.63

619595 10428 UNITED REFRIGERATION INC Aug 6, 2015 $951.16

619596 8996 WILD WATER ADVENTURES Aug 6, 2015 $1,098.00

619597 30006 ANTHEM BLUE CROSS - CAL CARE Aug 6, 2015 $134,134.95

619598 30004 ANTHEM BLUE CROSS OF CALIFORNIA Aug 6, 2015 $376,705.36

619599 30021 KAISER PERMANENTE Aug 6, 2015 $169,023.34

619600 30002 MEDICAL EYE SERVICE COMPANY Aug 6, 2015 $5,869.16

619601 30026 METLIFE INC Aug 6, 2015 $43,130.58

619602 26810 RELIASTAR LIFE INSURANCE CO Aug 6, 2015 $3,035.13

619603 30027 U S BANK - PARS #6746022400 Aug 6, 2015 $8,879.66

619604 30003 UNITED HEALTH CARE Aug 6, 2015 $13,207.06

619605 30020 UNUM Aug 6, 2015 $5,558.26

619606 10037 ANDREW GARCIA Aug 7, 2015 $350.00

619607 22306 BECK, ETHAN Aug 7, 2015 $185.00

619608 70079 BECKA CONSTRUCTION Aug 7, 2015 $256.00

619609 10037 BLUEPRINT SERVICE CO. Aug 7, 2015 $344.71

619610 10037 ELLIOTT B MAGNUS ATTRY AT LAW Aug 7, 2015 $119.57

619611 10037 ELLIS PORTER Aug 7, 2015 $40.00

619612 12963 FROEHLICH CONSTRUCTION Aug 7, 2015 $80.87

619613 16862 HEALTHCOMP INC Aug 7, 2015 $157.08

619614 12303 JORONCO RENTALS INC Aug 7, 2015 $374.50

619615 4435 KERN COUNTY CLERKS Aug 7, 2015 $150.00

619616 26048 LENNAR FRESNO INC Aug 7, 2015 $1,855.31

619617 10037 PAIGE ETCHEVERRY-BARNES LAW OFFICE Aug 7, 2015 $275.00

619618 20828 PARSONS TRANSPORTATION GROUP INC Aug 7, 2015 $1,309,298.57

619619 15481 SAN JOAQUIN VALLEY RAILROAD CO INC Aug 7, 2015 $176,589.90

619620 28435 SERVPRO OF SW BAKERSFIELD Aug 7, 2015 $689.24

619621 10037 SONIA VEGA Aug 7, 2015 $100.00

619622 10037 SUN RUN Aug 7, 2015 $187.00

619623 26369 T Y LIN INTERNATIONAL INC Aug 7, 2015 $213,122.38

619624 70241 ZOKE Aug 7, 2015 $760.00

619625 10047 ALAN ALVAREZ Aug 7, 2015 $445.35

619626 10047 ALBERTSONS 6398-COFF 01-COB Aug 7, 2015 $859.46

619627 10047 COUNTY OF KERN-OPEN TOP Aug 7, 2015 $233.62

619628 2468 DEPARTMENT OF JUSTICE Aug 7, 2015 $1,560.00

619629 4570 KCTTC - JORDAN KAUFMAN Aug 7, 2015 $68.47

619630 4550 KERN COUNTY SUPT OF SCHOOLS Aug 7, 2015 $747,835.95

619631 10047 RESIDENCE HOTEL Aug 7, 2015 $935.77

619632 19844 VAN WYK, MITCH Aug 7, 2015 $7,629.10



FROM 7/31/2015 TO 8/20/2015

PAGE 8

Check

Number

Vendor


619633 22839 SECURITY PAVING CO, INC Aug 10, 2015 $232,575.37

619634 28 A C ELECTRIC COMPANY Aug 13, 2015 $730.00

619635 537 A T & T Aug 13, 2015 $1,411.13

619636 25334 ABOVE AND BEYOND CONSTRUCTION Aug 13, 2015 $656.00



619639 18426 ALBERTSON, KEVIN Aug 13, 2015 $30.04

619640 24462 ALIANZA RECYCLING GROUP INC Aug 13, 2015 $17.25

619641 160 ALL THAT LETTERING SIGN COMPNY Aug 13, 2015 $130.00

619642 16995 ALPINE TREE & TRACTOR SERVICE Aug 13, 2015 $1,482.00

619643 23588 ALUMINUM CHUCK WAGON Aug 13, 2015 $17,083.61

619644 28369 ALVAREZ, LUIS Aug 13, 2015 $84.00

619645 27366 AMERICAN MESSAGING Aug 13, 2015 $248.70

619646 26835 AMERICAN RED CROSS-HEALTH & Aug 13, 2015 $145.00

619647 340 AMERIGAS Aug 13, 2015 $142.98


619649 26082 ARREDONDO, SERGIO Aug 13, 2015 $100.00

619650 455 ARROWHEAD MOUNTAIN SPRING WATER Aug 13, 2015 $577.25

619651 523 ATCO INTERNATIONAL Aug 13, 2015 $315.40

619652 25940 BACA, ANTHONY Aug 13, 2015 $126.00

619653 13544 BAKERSFIELD ARC Aug 13, 2015 $20.00

619654 675 BAKERSFIELD CALIFORNIAN Aug 13, 2015 $383.53

619655 841 BAKERSFIELD RUBBER STAMP CO Aug 13, 2015 $27.90


619657 910 BALLARD, WILLIAM J Aug 13, 2015 $75.00

619658 11248 BANKS PEST CONTROL Aug 13, 2015 $2,050.00

619659 557 BARC Aug 13, 2015 $17.50

619660 13424 BARNES WELDING SUPPLY Aug 13, 2015 $54.78

619661 18398 BATTERY SYSTEMS Aug 13, 2015 $295.15

619662 23444 BILLINGSLEY, MATTHEW Aug 13, 2015 $205.00


619664 28341 BOB'S AUTO GLASS INC Aug 13, 2015 $1,222.83


619666 22817 BORN AGAIN BODYWORKS Aug 13, 2015 $3,009.70

619667 1271 BROCKS TRAILER Aug 13, 2015 $63.37

619668 24464 BROWN, CLAUDE Aug 13, 2015 $189.00

619669 16565 BTE COMMUNICATIONS LLC Aug 13, 2015 $190.00

619670 22565 BURTCH CONSTRUCTION INC Aug 13, 2015 $99,735.88

619671 1477 CAL VALLEY EQUIPMENT INC Aug 13, 2015 $629.43

619672 27074 CEN CAL CONSTRUCTION INC Aug 13, 2015 $51,878.00

619673 1859 CERTIFIED LABORATORIES Aug 13, 2015 $2,153.23

619674 1924 CHESTER AVENUE BRAKE & SUPPLY Aug 13, 2015 $233.01

619675 1978 CITY BODY WORKS Aug 13, 2015 $1,604.00

619676 28160 CIVICA SOFTWARE Aug 13, 2015 $9,281.00


619678 21588 COCA-COLA REFRESHMENTS Aug 13, 2015 $736.32

619679 12929 CODE 3 UNIFORMS Aug 13, 2015 $352.60

619680 11167 COLES ENVIRONMENTAL Aug 13, 2015 $150.00

619681 25288 COMPLETE PAPERLESS SOLUTIONS Aug 13, 2015 $28,430.50


619683 2247 COUNTY OF MARIN/CAL-SLA Aug 13, 2015 $4,800.00

619684 10285 CRIDER CONSTRUCTION INC Aug 13, 2015 $9,428.42



FROM 7/31/2015 TO 8/20/2015

PAGE 9

Check

Number

Vendor


619685 2245 CROCKER JANITORIAL SUPPLY CO Aug 13, 2015 $382.17

619686 27397 CSDS INC Aug 13, 2015 $6,056.61

619687 2253 CULLIGAN WATER CONDITIONING Aug 13, 2015 $164.10

619688 27218 CUMMINS PACIFIC LLC Aug 13, 2015 $746.20

619689 27296 D & D DISPOSAL INC Aug 13, 2015 $800.00


619691 2442 DELANEY & AHLF DIESEL SERVICE INC Aug 13, 2015 $792.19

619692 2449 DEPARTMENT OF GENERAL SERVICES Aug 13, 2015 $303.25

619693 24213 DIAMOND H HAULING Aug 13, 2015 $285.00

619694 17539 DYNAMIC TRAFFIC SYSTEMS INC Aug 13, 2015 $30,766.50

619695 20586 DYSON, DIANA L Aug 13, 2015 $14.56

619696 16511 EAN SERVICES LLC Aug 13, 2015 $388.18

619697 2769 EL POPULAR CALIFORNIA Aug 13, 2015 $393.75


619699 25558 ELROD, STEPHEN Aug 13, 2015 $67.99

619700 27467 EMERGENCY VEHICLE OUTFITTERS Aug 13, 2015 $1,962.93

619701 26951 EQUARIUS WATERWORKS Aug 13, 2015 $35,923.57

619702 2830 EWING IRRIGATION PRODUCTS Aug 13, 2015 $210.58

619703 2901 FEDEX Aug 13, 2015 $53.86

619704 2911 FERGUSON, ANDREW Aug 13, 2015 $168.00

619705 2928 FIDLER, KEVIN Aug 13, 2015 $168.00

619706 2930 FIELDMAN, ROLAPP & ASSOCIATES Aug 13, 2015 $65,790.12


619708 25339 FLEET SERVICES TOWING INC Aug 13, 2015 $70.00


619710 3213 GALLS / QUARTERMASTER Aug 13, 2015 $7,144.88

619711 18976 GARCIA, JUAN J Aug 13, 2015 $147.95

619712 308 GARDENERS SUPPLY Aug 13, 2015 $456.29

619713 22074 GOODWIN PROCTER LLP Aug 13, 2015 $45,000.00

619714 3450 GRANITE CONSTRUCTION INC Aug 13, 2015 $269,920.00

619715 3450 GRANITE CONSTRUCTION INC Aug 13, 2015 $1,054,583.85


619717 28438 GRANT THORNTON LLP Aug 13, 2015 $2,500.00

619718 3452 GRAYBAR ELECTRIC COMPANY Aug 13, 2015 $91.97

619719 24693 GRUBBS, JOSH Aug 13, 2015 $63.00

619720 24139 GUTIERREZ TIRE & WHEEL INC Aug 13, 2015 $1,027.52

619721 12686 GW SCHOOL SUPPLY Aug 13, 2015 $125.99

619722 3660 HARBOR FREIGHT TOOLS Aug 13, 2015 $165.38

619723 20920 HARVICK, MATT Aug 13, 2015 $65.55

619724 28169 HAYES, BRENDA Aug 13, 2015 $295.50


619726 19810 HERNANDEZ, JOSUE A Aug 13, 2015 $114.68

619727 20621 ICF JONES & STOKES INC Aug 13, 2015 $36,501.83

619728 20795 IPC USA INC Aug 13, 2015 $26,350.58

619729 26694 JACOBSEN WEST Aug 13, 2015 $201.88

619730 19729 JAMES WOMACK Aug 13, 2015 $600.00

619731 24903 JMLORD INC Aug 13, 2015 $168.75

619732 4226 JOHNSTONE SUPPLY OF BAKERSFIEL Aug 13, 2015 $10,457.31

619733 4243 JORGENSEN & CO Aug 13, 2015 $45.61

619734 19554 K & R TOWING Aug 13, 2015 $35.00

619735 26066 KARR, STEVEN Aug 13, 2015 $63.00

619736 4346 KELLY PIPE CO LLC Aug 13, 2015 $128.89



FROM 7/31/2015 TO 8/20/2015

PAGE 10

Check

Number

Vendor


619737 4528 KERN COUNTY PUBLIC HEALTH SERV Aug 13, 2015 $74.00

619738 4680 KERN RIVER POWER EQUIPMENT INC Aug 13, 2015 $968.60

619739 4700 KERN SECURITY SYSTEMS INC Aug 13, 2015 $864.00

619740 4701 KERN SPRINKLER LANDSCAPING INC Aug 13, 2015 $25,005.00

619741 23434 KINNEY, STEVEN P Aug 13, 2015 $920.00


619743 21946 KROEKER, RYAN Aug 13, 2015 $168.00

619744 12552 KURB KUT Aug 13, 2015 $910.00

619745 1423 KUTAK ROCK LLP Aug 13, 2015 $75,000.00


619747 22408 LEHR AUTO ELECTRIC Aug 13, 2015 $1,415.28

619748 24004 LEWIS TOWING 2 INC Aug 13, 2015 $55.00

619749 10955 LEXISNEXIS Aug 13, 2015 $595.00

619750 16442 LONDON, CYNTHIA Aug 13, 2015 $173.00

619751 5133 LOOP ELECTRIC INC Aug 13, 2015 $15,805.00

619752 24853 LUNAR COW INC Aug 13, 2015 $12,000.00

619753 22497 M & J HANDIMAN HENRY Aug 13, 2015 $305.00

619754 28310 M-I LLC Aug 13, 2015 $54,139.96

619755 12627 MARDEROSIAN CERCONE & COHEN Aug 13, 2015 $8,023.98

619756 5370 MCLELLAN INDUSTRIES INC Aug 13, 2015 $1,965.62

619757 7064 MERCHANTS PRINTING & ENVELOPE Aug 13, 2015 $745.20

619758 24077 MICHEL AUTO TECH Aug 13, 2015 $50.75


619760 5547 MINUTEMAN PRESS Aug 13, 2015 $299.74

619761 28439 MISAC Aug 13, 2015 $550.00

619762 28333 MOLINA, GABRIELLE Aug 13, 2015 $56.41

619763 28444 MONTGOMERY, JAMES Aug 13, 2015 $168.00

619764 5632 MOODY'S INVESTORS SERVICE Aug 13, 2015 $70,000.00

619765 27722 MOORE AND MEANS INVESTIGATION Aug 13, 2015 $410.00


619767 5781 MYRON CORP Aug 13, 2015 $327.37

619768 22058 NET TRANSCRIPTS, INC. Aug 13, 2015 $99.50

619769 24279 O'REILLY AUTO PARTS Aug 13, 2015 $145.88

619770 10361 OPEN & SHUT ENTERPRISES Aug 13, 2015 $100.00

619771 12599 ORANGE CO SHERIFF'S DEPT - TRAINING Aug 13, 2015 $134.00

619772 20496 ORNELAS, MANUEL Aug 13, 2015 $168.00

619773 6030 ORTIZ, TIM Aug 13, 2015 $68.25

619774 6448 P T O SALES CORP Aug 13, 2015 $1,366.46

619775 6122 PACIFIC POWER INC Aug 13, 2015 $15.16


619777 17911 PLCS PLUS INTERNATIONAL INC Aug 13, 2015 $6,398.00


619779 26997 PROVOST & PRICHARD CONSULTING INC Aug 13, 2015 $4,190.00

619780 6682 RAYMONDS TROPHY AND AWARDS Aug 13, 2015 $51.06

619781 22689 RODRIGUE, STEVEN Aug 13, 2015 $120.75

619782 28445 ROMERO, DAMIAN Aug 13, 2015 $168.00


619784 27515 RULOPH, GREG Aug 13, 2015 $252.00

619785 19102 SANCHEZ, NORI Aug 13, 2015 $57.50

619786 27361 SC FUELS Aug 13, 2015 $14,072.51

619787 17273 SEQUOIA SANDWICH COMPANY Aug 13, 2015 $117.00

619788 18667 SKINNER, LYN Aug 13, 2015 $63.28



FROM 7/31/2015 TO 8/20/2015

PAGE 11

Check

Number

Vendor



619790 28359 SORENSON, JOHN Aug 13, 2015 $247.02

619791 24476 SOTO, ROBERT Aug 13, 2015 $315.00


619793 25468 SSD SYSTEMS INC Aug 13, 2015 $1,274.58

619794 3565 SUNGARD PUBLIC SECTOR INC Aug 13, 2015 $155.63



619797 10732 TOWNSEND, JASON Aug 13, 2015 $160.00

619798 96 TYACK TIRES INC Aug 13, 2015 $670.26

619799 8319 UNITED PARCEL SERVICE Aug 13, 2015 $76.49

619800 10428 UNITED REFRIGERATION INC Aug 13, 2015 $1,027.98

619801 27086 VALENTI, MARY Aug 13, 2015 $600.00

619802 8520 VALLEY POWER SYSTEMS, INC Aug 13, 2015 $419.77




619807 12516 AIMS Aug 13, 2015 $10,837.50

619808 13631 ARB/PERP Aug 13, 2015 $1,150.00




619816 11937 CITY OF BAKERSFIELD Aug 13, 2015 $52.13

619817 11709 DEPARTMENT OF CONSUMER AFFAIRS Aug 13, 2015 $115.00

619818 2714 EAST NILES COMMUNITY SERVICES Aug 13, 2015 $1,358.30

619819 20506 EDM PUBLISHERS Aug 13, 2015 $99.00


619822 7509 GAS COMPANY Aug 13, 2015 $284.01


619825 70114 GM ENGINEERING Aug 13, 2015 $108,476.29



619832 7933 HOME DEPOT Aug 13, 2015 $2,867.45

619833 28433 JOHNSON, ELENA Aug 13, 2015 $400.00

619834 28440 KERN DELTA WATER DISTRICT Aug 13, 2015 $8,146.67


619838 28441 KERN WATER BANK AUTHORITY AND Aug 13, 2015 $15,979.38


619841 19466 MAGANA, SUSAN Aug 13, 2015 $265.99

619842 5700 MOTON, LISA Aug 13, 2015 $168.40

619843 28442 NORTH KERN WATER STORAGE DISTRICT Aug 13, 2015 $6,901.79

619844 18230 OILDALE MUTUAL WATER COMPANY Aug 13, 2015 $46.65


619846 7250 SECRETARY OF STATE Aug 13, 2015 $40.00

619847 7103 SJVAPCD Aug 13, 2015 $4,200.00

619848 7636 STATE WATER RESOURCES CONTROL BOARD Aug 13, 2015 $60.00

619849 8124 TRAYNOR, SHARON Aug 13, 2015 $249.00

619850 8611 VAUGHN WATER CO., INC. Aug 13, 2015 $5,521.85

619851 8658 VISALIA POLICE DEPARTMENT Aug 13, 2015 $600.00

619852 10199 BAKERSFIELD CITY EMPLOYEE Aug 13, 2015 $195,772.00

619853 18067 ALDACO, LUIS Aug 14, 2015 $125.00

619854 10037 BAKERSFIELD SWIM ACADEMY Aug 14, 2015 $100.00



FROM 7/31/2015 TO 8/20/2015

PAGE 12

Check

Number

Vendor


619855 10037 BUDGET WIRELESS CALIFORNIA LLC Aug 14, 2015 $67.00

619856 14554 CHOATE, WENDELL DEAN Aug 14, 2015 $125.00

619857 10047 ELEPHANT BAR RESTAURANT Aug 14, 2015 $1,239.44

619858 10037 GLASPY & GLASPY LAW OFF Aug 14, 2015 $15.00

619859 10037 JEANINE ADAMS Aug 14, 2015 $25.00

619860 10047 JESUS GOMEZ Aug 14, 2015 $89.35

619861 4435 KERN COUNTY CLERKS Aug 14, 2015 $750.00

619862 10037 MARIA RAMIREZ Aug 14, 2015 $42.00

619863 10037 MARTHA CONTRERAS Aug 14, 2015 $100.00

619864 10047 NORMA TUIASOSOPO Aug 14, 2015 $10.65

619865 10037 OILERS Aug 14, 2015 $21.00

619866 10037 OLIVE KNOLLS CHURCH Aug 14, 2015 $100.00

619867 26515 PACIFIC TRANSPORT REFRIGERATION INC Aug 14, 2015 $54.11

619868 10047 PALMS BAKERSFIELD LIMITED LLC Aug 14, 2015 $7,525.13

619869 6171 PARAMOUNT CONTAINER & SUPPLY CO INC Aug 14, 2015 $670.03

619870 6076 PB LOADER MANUFACTURING CO Aug 14, 2015 $155.52

619871 27911 PORTERVILLE FORD Aug 14, 2015 $1,716.71

619872 20415 PROFORCE LAW ENFORCEMENT INC Aug 14, 2015 $7,347.57

619873 6527 PULLTARPS MFG Aug 14, 2015 $1,106.88

619874 3249 RAY GASKIN SERVICE INC Aug 14, 2015 $2,881.79

619875 10037 REYNA SANDOVAL Aug 14, 2015 $100.00

619876 26867 RICHARDSON, MARTHA JEAN Aug 14, 2015 $923.10

619877 28068 RLS INDUSTRIES Aug 14, 2015 $125.14

619878 5681 ROBERT B MOSS JR Aug 14, 2015 $64.50

619879 10037 ROBERT E REED, DDS Aug 14, 2015 $27.00

619880 7029 SAN DIEGO POLICE EQUIPMENT CO Aug 14, 2015 $536.45

619881 7586 SPECIALTY TRIM & AWNING INC Aug 14, 2015 $140.00

619882 28437 SPENCER, CHARLES Aug 14, 2015 $124.95

619883 13815 STEVE HOLLOWAY PAINTING Aug 14, 2015 $1,900.00

619884 7693 STOCKDALE TILE INC Aug 14, 2015 $73.58

619885 14693 THE LIFEGUARD STORE Aug 14, 2015 $865.63

619886 23940 THE SEGAL COMPANY INC Aug 14, 2015 $61.44

619887 19631 U S AIR CONDITIONING DISTRIBUTORS Aug 14, 2015 $380.12

619888 21501 URBAN RESTORATION INC Aug 14, 2015 $4,900.79

619889 21513 USABLUEBOOK Aug 14, 2015 $1,253.69

619890 751 UTECH ENVIRONMENTAL MFG SUPPLY Aug 14, 2015 $817.16

619891 15132 VALLEY PROPANE SERVICE Aug 14, 2015 $452.61

619892 8400 VWR SCIENTIFIC Aug 14, 2015 $571.77

619893 21202 WASTEWATER TECHNOLOGY TRAINERS Aug 14, 2015 $4,000.00

619894 28427 WESTLAND DISTRIBUTING INC Aug 14, 2015 $158.72

619895 21212 WHITE CAP CONSTRUCTION SUPPLY Aug 14, 2015 $3,160.50

619896 8995 WHOLESALE FUELS Aug 14, 2015 $232.24

619897 27706 ZOHO CORP Aug 14, 2015 $3,351.00

619898 11937 CITY OF BAKERSFIELD Aug 14, 2015 $300.00

619901 7638 STATE BOARD OF EQUALIZATION Aug 14, 2015 $3,235.00

619902 10204 ASSOCIATION BKFD POLICE OFFICER FCU Aug 14, 2015 $15,087.80

619903 10211 BAKERSFIELD FIREMEN Aug 14, 2015 $8,992.91

619904 10200 BAKERSFIELD FIREMEN RELIEF ASS Aug 14, 2015 $8,265.90

619905 10203 BAKERSFIELD POLICE BENEFIT Aug 14, 2015 $24,455.26

619906 10198 KERN COUNTY PUBLIC EMP ASSOC Aug 14, 2015 $720.20

619907 10205 MUTUAL BENEFIT ASSOCIATION Aug 14, 2015 $2,164.99

619908 26810 RELIASTAR LIFE INSURANCE CO Aug 14, 2015 $844.97



FROM 7/31/2015 TO 8/20/2015

PAGE 13

Check

Number

Vendor


619909 22324 SEIU LOCAL 521 Aug 14, 2015 $21,112.33

619910 6129 A T & T Aug 20, 2015 $205.52

619911 18484 A T & T Aug 20, 2015 $36,319.23


619913 17100 AEROS ENVIRONMENTAL INC Aug 20, 2015 $510.00

619914 26688 AIR EXCHANGE INC Aug 20, 2015 $149.32

619915 160 ALL THAT LETTERING SIGN COMPNY Aug 20, 2015 $161.25

619916 16995 ALPINE TREE & TRACTOR SERVICE Aug 20, 2015 $758.00

619917 28369 ALVAREZ, LUIS Aug 20, 2015 $105.00

619918 292 AMERICAL AWNING SHOPPE & PATIO Aug 20, 2015 $145.00


619920 455 ARROWHEAD MOUNTAIN SPRING WATER Aug 20, 2015 $279.96

619921 536 AVERY ASSOCIATES Aug 20, 2015 $4,376.79

619922 13028 B & H PHOTO VIDEO INC Aug 20, 2015 $11,449.00

619923 25940 BACA, ANTHONY Aug 20, 2015 $189.00

619924 646 BAKER, BOBBY Aug 20, 2015 $375.00

619925 675 BAKERSFIELD CALIFORNIAN Aug 20, 2015 $2,203.05

619926 10320 BAKERSFIELD HOMELESS CENTER Aug 20, 2015 $42,210.98

619927 10674 BAKERSFIELD RETAIL SYSTEMS Aug 20, 2015 $134.19

619928 841 BAKERSFIELD RUBBER STAMP CO Aug 20, 2015 $10.21


619930 13424 BARNES WELDING SUPPLY Aug 20, 2015 $438.67

619931 1069 BETHANY SERVICES Aug 20, 2015 $6,695.10



619934 18692 BOUND TREE MEDICAL LLC Aug 20, 2015 $718.27

619935 1249 BRANDCO Aug 20, 2015 $188.13

619936 1292 BROWN ARMSTRONG Aug 20, 2015 $1,440.00

619937 24464 BROWN, CLAUDE Aug 20, 2015 $126.00

619938 10267 BUDGET BOLT INC Aug 20, 2015 $489.93

619939 1359 BUDS BRAKE & WHEEL PARTS Aug 20, 2015 $72.37

619940 23090 BURTONS FIRE INC Aug 20, 2015 $421.05

619941 1477 CAL VALLEY EQUIPMENT INC Aug 20, 2015 $807.76

619942 23361 CENTRAL VALLEY PRESORT INC Aug 20, 2015 $677.58

619943 1888 CHAMPION HARDWARE Aug 20, 2015 $450.38

619944 23786 CHART INDUSTRIES Aug 20, 2015 $1,215.27

619945 14931 CHEM PRO LABORATORY INC Aug 20, 2015 $3,128.60

619946 1924 CHESTER AVENUE BRAKE & SUPPLY Aug 20, 2015 $102.65

619947 27535 CITERION PICTURES USA Aug 20, 2015 $1,290.00

619948 644 CITY NEON SIGN COMPANY INC Aug 20, 2015 $176.30

619949 28160 CIVICA SOFTWARE Aug 20, 2015 $13,921.50

619950 23785 COASTAL INDUSTRIAL, LTD Aug 20, 2015 $1,089.88


619952 28349 CONVERGINT TECHNOLOGIES Aug 20, 2015 $2,261.72

619953 2203 CORNERSTONE ENGINEERING INC Aug 20, 2015 $223.50

619954 24685 CREEKVIEW VILLAS HOA Aug 20, 2015 $1,225.00

619955 27839 CRITTERS WITHOUT LITTERS Aug 20, 2015 $2,825.00

619956 2245 CROCKER JANITORIAL SUPPLY CO Aug 20, 2015 $774.00

619957 27218 CUMMINS PACIFIC LLC Aug 20, 2015 $1,600.82

619958 23293 CUSTOM FISHING RODS Aug 20, 2015 $227.50

619959 19185 CYCLE GEAR INC Aug 20, 2015 $363.24

619960 28448 D & M SCHULTE Aug 20, 2015 $1,851.37



FROM 7/31/2015 TO 8/20/2015

PAGE 14

Check

Number

Vendor


619961 25063 DANIEL JR, ALBERTO Aug 20, 2015 $94.50

619962 25337 DAVES FLEET MAINT & TOWING INC Aug 20, 2015 $75.00


619964 19613 DE SOTO SALES INC Aug 20, 2015 $117.36

619965 25962 DEFINITI HEALTHCARE MANAGEMENT INC Aug 20, 2015 $102.13

619966 11954 DEPARTMENT OF INDUSTRIAL RELATIONS Aug 20, 2015 $1,412.50

619967 2469 DEPARTMENT OF JUSTICE Aug 20, 2015 $514.00

619968 11271 DEPARTMENT OF TRANSPORTATION Aug 20, 2015 $819.80

619969 24854 DEWEY PEST CONTROL INC Aug 20, 2015 $696.00

619970 1048 DLT SOLUTIONS LLC Aug 20, 2015 $5,620.83

619971 22834 DONNA DESMOND ASSOCIATES INC Aug 20, 2015 $3,439.58

619972 1167 E S R I Aug 20, 2015 $117,000.00


619974 23720 ERNEST PACKING SOLUTIONS INC Aug 20, 2015 $3,544.56

619975 16624 FASTENAL COMPANY Aug 20, 2015 $40.77

619976 2901 FEDEX Aug 20, 2015 $127.66


619978 2980 FISHER SCIENTIFIC Aug 20, 2015 $1,625.38


619980 22966 FORENSIC NURSE SPECIALISTS INC Aug 20, 2015 $2,900.00

619981 3213 GALLS / QUARTERMASTER Aug 20, 2015 $1,786.22

619982 308 GARDENERS SUPPLY Aug 20, 2015 $161.20

619983 28064 GENERAL TREE SERVICE INC Aug 20, 2015 $4,215.00

619984 25881 GIC TRANSPORT INC Aug 20, 2015 $5,624.00


619986 3403 GOLDEN STATE PETERBILT Aug 20, 2015 $131.66

619987 28415 GOLDSTREET DESIGN AGENCY INC Aug 20, 2015 $2,499.61


619989 3452 GRAYBAR ELECTRIC COMPANY Aug 20, 2015 $319.01

619990 3569 H & S BODY WORKS & TOWING Aug 20, 2015 $75.00

619991 3579 HACH COMPANY Aug 20, 2015 $1,368.15

619992 162 HADDAD DODGE Aug 20, 2015 $1,003.42

619993 3593 HALL LETTER SHOP Aug 20, 2015 $1,337.58

619994 3660 HARBOR FREIGHT TOOLS Aug 20, 2015 $83.67

619995 10424 HEDIEN, ALAN Aug 20, 2015 $90.66


619997 3969 INSTANT STORAGE Aug 20, 2015 $100.99

619998 26694 JACOBSEN WEST Aug 20, 2015 $63.29

619999 25527 JTB SUPPLY CO INC Aug 20, 2015 $2,385.44

620000 19554 K & R TOWING Aug 20, 2015 $35.00

620001 4288 KAMAN INDUSTRIAL TECHNOLOGIES INC Aug 20, 2015 $623.10

620002 26066 KARR, STEVEN Aug 20, 2015 $126.00

620003 4500 KERN COUNTY FIRE DEPARTMENT Aug 20, 2015 $44,401.86

620004 4439 KERN COUNTY WASTE MANAGEMENT Aug 20, 2015 $135.09

620005 4577 KERN DELTA WATER DIST Aug 20, 2015 $4,163.23

620006 16365 KERN GLASS AND ALUMINUM Aug 20, 2015 $125.00

620007 7492 KERN MACHINERY INC Aug 20, 2015 $128.12

620008 26248 KERN PRINT SERVICES INC Aug 20, 2015 $709.46

620009 4677 KERN REFUSE DISPOSAL, INC Aug 20, 2015 $1,158,050.77

620010 4680 KERN RIVER POWER EQUIPMENT INC Aug 20, 2015 $525.88

620011 16090 KERN WATER BANK AUTHORITY Aug 20, 2015 $2,520.76

620012 20757 KERNDATA.COM Aug 20, 2015 $5,698.00



FROM 7/31/2015 TO 8/20/2015

PAGE 15

Check

Number

Vendor


620013 23829 KIDDIE AMUSEMENT INC Aug 20, 2015 $160.00


620015 4875 KNIGHTS PUMPING & PORTABLE SVC INC Aug 20, 2015 $158.00

620016 21960 KOPPEL & GRUBER INC Aug 20, 2015 $1,992.00


620018 22408 LEHR AUTO ELECTRIC Aug 20, 2015 $352.17

620019 27778 LEWIS BRISBOIS BISGAARD & SMITH LLP Aug 20, 2015 $9,030.00

620020 24004 LEWIS TOWING 2 INC Aug 20, 2015 $55.00

620021 25066 LEXISNEXIS RISK DATA MGMT Aug 20, 2015 $572.95

620022 5122 LOG CABIN FLORIST Aug 20, 2015 $1,005.99

620023 18492 M & S SECURITY SERVICES Aug 20, 2015 $1,152.00

620024 16016 MCINTOSH & ASSOCIATES Aug 20, 2015 $4,416.00

620025 5369 MCMASTER CARR SUPPLY CO Aug 20, 2015 $166.09

620026 20156 MEAD & HUNT INC Aug 20, 2015 $5,854.80

620027 18495 MELO'S GAS & GEAR INC Aug 20, 2015 $735.56

620028 7064 MERCHANTS PRINTING & ENVELOPE Aug 20, 2015 $442.91

620029 18520 METROPOLITAN RECYCLING LLC Aug 20, 2015 $124,593.78

620030 19252 MEYER CIVIL ENGINEERING INC Aug 20, 2015 $46,887.50

620031 24077 MICHEL AUTO TECH Aug 20, 2015 $241.23


620033 25111 MIWALL CORPORATION Aug 20, 2015 $3,144.38


620035 5687 MOTOR CITY SALES & SERVICE Aug 20, 2015 $25.35

620036 27844 MYSTERY RANCH Aug 20, 2015 $804.77

620037 5870 NB SALES & SERVICES Aug 20, 2015 $299.20

620038 27089 NEOPOST USA INC Aug 20, 2015 $173.82

620039 18888 NIEMEYER & ASSOCIATES INC Aug 20, 2015 $2,505.15

620040 25752 NISHIKAWA PROPERTY MAINTENANCE INC Aug 20, 2015 $7,451.84

620041 24279 O'REILLY AUTO PARTS Aug 20, 2015 $260.54

620042 28103 OBC Aug 20, 2015 $20,050.00

620043 10361 OPEN & SHUT ENTERPRISES Aug 20, 2015 $185.00

620044 14515 OXLEY'S PEST CONTROL INC Aug 20, 2015 $40.00

620045 14088 PACIFIC GAS & ELECTRIC Aug 20, 2015 $46.76

620046 19231 PARSONS BRINCKERHOFF CONST SERVICES Aug 20, 2015 $150,164.00

620047 26926 PATTERSON, LARRY Aug 20, 2015 $63.00

620048 24029 PAYLESS TOWING Aug 20, 2015 $35.00

620049 25270 PENINSULA MESSENGER INC Aug 20, 2015 $269.95


620051 22461 POWER MANAGEMENT INC Aug 20, 2015 $1,960.00


620053 27625 PROTECTION FORCE PRIVATE SECURITY I Aug 20, 2015 $1,138.50

620054 20229 QUALITY CODE PUBLISHING LLC Aug 20, 2015 $3,069.74

620055 27368 RAILWORKS TRACK SERVICES INC Aug 20, 2015 $7,350.00

620056 6666 RAMIREZ, GONZALO E Aug 20, 2015 $25.00

620057 6682 RAYMONDS TROPHY AND AWARDS Aug 20, 2015 $3,939.24

620058 19224 REDFLEX INC Aug 20, 2015 $40,445.76


620060 17449 RRM DESIGN GROUP INC Aug 20, 2015 $1,375.00

620061 27515 RULOPH, GREG Aug 20, 2015 $189.00

620062 25220 SANDYS COMMUNICATIONS Aug 20, 2015 $1,548.00

620063 7133 SC COMMUNICATIONS LLC Aug 20, 2015 $1,049.95

620064 27361 SC FUELS Aug 20, 2015 $10,521.03



FROM 7/31/2015 TO 8/20/2015

PAGE 16

Check

Number

Vendor


620065 21489 SCP DISTRIBUTORS LLC Aug 20, 2015 $256.88

620066 7283 SEQUOIA PAINT COMPANY INC Aug 20, 2015 $8.66

620067 11090 SHERWIN WILLIAMS COMPANY Aug 20, 2015 $3,334.65


620069 27667 SMITH CONSTRUCTION CO., INC Aug 20, 2015 $8,998.77

620070 11566 SOIL CONTROL LAB INC Aug 20, 2015 $484.00

620071 23456 SORENSON,VERNON MD INC Aug 20, 2015 $10,312.92

620072 12560 SOUTHERN CALIFORNIA EDISON CO Aug 20, 2015 $22,891.44


620074 26833 SPEAR SECURITY & MGMT CO INC Aug 20, 2015 $6,048.00

620075 17986 SPRINT/NEXTEL COMMUNICATIONS Aug 20, 2015 $2,635.05

620076 30011 STATE OF CALIFORNIA Aug 20, 2015 $31.50

620077 21606 SUNRISE ENVIRONMENTAL SCIENTIFIC Aug 20, 2015 $623.07


620079 276 TAYLOR EQUIPMENT & REPAIR, INC Aug 20, 2015 $7,016.27


620081 851 TENNANT COMPANY Aug 20, 2015 $532.34

620082 8102 THE TRAILER COMPANY INC Aug 20, 2015 $474.55

620083 21464 TRI-TECH FORENSICS INC Aug 20, 2015 $1,186.00

620084 28087 TRINITY CONSTRUCTION Aug 20, 2015 $69,437.01

620085 13216 U S BANK TRUST NA Aug 20, 2015 $7,425.00

620086 10428 UNITED REFRIGERATION INC Aug 20, 2015 $98.72

620087 26780 UNIVERSAL BACKGROUND SCREENING INC Aug 20, 2015 $80.15

620088 8391 URNERS APPLIANCE CENTER Aug 20, 2015 $1,826.47

620089 26060 VANGUARD CLEANING SYSTEMS INC Aug 20, 2015 $450.00

620090 20601 VERIZON WIRELESS Aug 20, 2015 $17,923.57

620091 20601 VERIZON WIRELESS Aug 20, 2015 $2,179.38

620092 20601 VERIZON WIRELESS Aug 20, 2015 $297.60

620093 26447 WESTCOAST HYDRAULICS Aug 20, 2015 $2,676.95

620094 23733 WHEELER, JAMES Aug 20, 2015 $1,600.00



620097 9015 WILLIAMS, DANIEL Aug 20, 2015 $25.00

620098 18790 WINSTON WATER SERVICES Aug 20, 2015 $770.00

620099 25542 WOLFE, RONALD Aug 20, 2015 $25.00

620100 26909 YORK RISK SERVICES GROUP INC Aug 20, 2015 $9,857.07

620101 25879 ZOOM IMAGING SOLUTIONS, INC. Aug 20, 2015 $1,181.02


620105 10351 BOWMAN ASPHALT Aug 20, 2015 $2,575,968.71

620108 23051 BRENNTAG PACIFIC Aug 20, 2015 $8,714.05



620113 22175 CLEAN CUT LANDSCAPE Aug 20, 2015 $17,250.00

620114 2214 COUNTY OF KERN Aug 20, 2015 $100.00

620115 2214 COUNTY OF KERN Aug 20, 2015 $100.00

620116 12004 EMPLOYMENT DEVELOPMENT DEPARTMENT Aug 20, 2015 $35,644.00


620118 7509 GAS COMPANY Aug 20, 2015 $57.26

620120 3488 GREENFIELD COUNTY WATER DIST Aug 20, 2015 $1,214.10

620122 7933 HOME DEPOT Aug 20, 2015 $1,433.50

620124 7933 HOME DEPOT Aug 20, 2015 $1,229.59

620125 4573 KERN COUNTY WATER AGENCY Aug 20, 2015 $42,000.00



FROM 7/31/2015 TO 8/20/2015

PAGE 17

Check

Number

Vendor




620134 15624 LOWE'S HOME IMPROVEMENT Aug 20, 2015 $941.58


620137 13288 MICHAEL BURGER & ASSOCIATES Aug 20, 2015 $1,800.00


620143 6376 PIONEER PAINT Aug 20, 2015 $23,719.48

620144 28446 RANDY, DUSTIN Aug 20, 2015 $2,000.00

620145 7096 SJVAPCD Aug 20, 2015 $530.00

620146 15212 U.S. BEHAVIORAL HEALTH PLAN Aug 20, 2015 $1,168.86

620147 30006 ANTHEM BLUE CROSS - CAL CARE Aug 20, 2015 $133,913.71

620148 30004 ANTHEM BLUE CROSS OF CALIFORNIA Aug 20, 2015 $374,834.24

620149 30021 KAISER PERMANENTE Aug 20, 2015 $170,664.56

620150 30002 MEDICAL EYE SERVICE COMPANY Aug 20, 2015 $5,867.87

620151 30026 METLIFE INC Aug 20, 2015 $43,144.87

620152 26810 RELIASTAR LIFE INSURANCE CO Aug 20, 2015 $3,053.75

620153 30027 U S BANK - PARS #6746022400 Aug 20, 2015 $8,370.54

620154 30003 UNITED HEALTH CARE Aug 20, 2015 $13,268.64

620155 30020 UNUM Aug 20, 2015 $5,540.83

9992973 30014 EMPLOYMENT DEVELOPMENT DEPT Jul 31, 2015 $178,275.61

9992974 10217 I C M A RETIREMENT TRUST-303749 Jul 31, 2015 $57,820.90

9992975 30010 IRS Jul 31, 2015 $588,065.35

9992976 30022 IRS / FDRF Jul 31, 2015 $191.00

9992977 16863 NATIONWIDE RETIREMENT SOLUTIONS Jul 31, 2015 $135,236.38

9992978 20699 VANTAGEPOINT TRANSFER AGENTS C/O Jul 31, 2015 $29,150.80

9992979 24934 BANK OF AMERICA Aug 6, 2015 $7,952.90

9992980 27888 CALIFORNIA BANK & TRUST Aug 6, 2015 $127,199.52

9992981 10206 STATE OF CALIF - PERS Aug 6, 2015 $1,525,137.83

9992982 11811 WELLS FARGO BANK Aug 6, 2015 $38,549.68

9992985 25603 BANK OF AMERICA Aug 7, 2015 $594,351.05

9992986 24821 DEPARTMENT OF THE TREASURY Aug 7, 2015 $1,547.53

9992987 16862 HEALTHCOMP INC Aug 7, 2015 $3,286.98

9992988 1944 CHICAGO TITLE COMPANY INC Aug 13, 2015 $1,008,231.84

9992989 1944 CHICAGO TITLE COMPANY INC Aug 13, 2015 $1,455,457.10

9992990 30025 STATE DISBURSEMENT UNIT Aug 13, 2015 $17,133.94

9992991 13709 U S BANK TRUST NA Aug 13, 2015 $3,217,869.44


9992993 30014 EMPLOYMENT DEVELOPMENT DEPT Aug 14, 2015 $195,377.31

9992994 10217 I C M A RETIREMENT TRUST-303749 Aug 14, 2015 $57,860.90

9992995 30010 IRS Aug 14, 2015 $634,400.18

9992996 16863 NATIONWIDE RETIREMENT SOLUTIONS Aug 14, 2015 $131,806.30

9992997 20699 VANTAGEPOINT TRANSFER AGENTS C/O Aug 14, 2015 $28,605.96

9992998 27888 CALIFORNIA BANK & TRUST Aug 20, 2015 $200,000.00

9992999 10206 STATE OF CALIF - PERS Aug 20, 2015 $1,521,793.59

9993000 13709 U S BANK TRUST NA Aug 20, 2015 $2,250.00


878 30,422,334.15



FROM 7/31/2015 TO 8/20/2015

PAGE 1

E-Payable

Number

Vendor

Number Vendor Name

E-Payable

Date E-Payable Amount

9576 16838 GIBBS INTERNATIONAL TRUCK CTR. INC Jul 31, 2015 $95.60

9577 18263 HUB CONSTRUCTION SPECIALTIES INC Jul 31, 2015 $1,890.25

9578 4171 JERRY & KEITHS INC Jul 31, 2015 $1,073.83

9579 1390 JIM BURKE FORD Jul 31, 2015 $4,247.65

9580 23984 MECHANICAL DRIVES & BELTING INC Jul 31, 2015 $742.34

9581 63 ACE HYDRAULIC SALES & SERVICE Aug 6, 2015 $1,654.26

9582 26538 ARAMARK UNIFORM & CAREER APPAREL Aug 6, 2015 $2,734.54

9583 436 ARGO CHEMICAL INC Aug 6, 2015 $516.00

9584 576 B & B SURPLUS Aug 6, 2015 $361.74

9585 575 B C LABORATORIES Aug 6, 2015 $357.00

9586 611 B S & E COMPANY INC Aug 6, 2015 $465.38

9587 1037 BERCHTOLD EQUIPMENT CO Aug 6, 2015 $12.91

9588 1163 BLUEPRINT SERVICE CO Aug 6, 2015 $275.42

9589 18753 BRIDGEPORT TRUCK MANUFACTURING Aug 6, 2015 $111.94

9590 17239 CENTRAL VALLEY OCCUPATIONAL INC Aug 6, 2015 $1,005.00

9591 29 CENTRAL VALLEY TRUCK CENTER Aug 6, 2015 $3,900.85

9592 5147 COASTLINE EQUIPMENT Aug 6, 2015 $486.43

9593 2162 CONSOLIDATED ELECTRICAL DIST INC Aug 6, 2015 $2,407.55

9594 14055 FAST UNDERCAR LLC Aug 6, 2015 $2,996.42

9595 2874 FERGUSON ENTERPRISES INC Aug 6, 2015 $356.57

9596 16838 GIBBS INTERNATIONAL TRUCK CTR. INC Aug 6, 2015 $274.90

9597 21739 GOLDEN EMPIRE TOWING INC Aug 6, 2015 $35.00

9598 3458 GREAT PACIFIC EQUIPMENT INC Aug 6, 2015 $179.71

9599 3788 HILLCREST SHEET METAL INC Aug 6, 2015 $534.00

9600 4171 JERRY & KEITHS INC Aug 6, 2015 $2,308.58

9601 1390 JIM BURKE FORD Aug 6, 2015 $1,019.33

9602 15694 JIMS TOWING INC Aug 6, 2015 $1,005.00

9603 2267 L N CURTIS & SONS Aug 6, 2015 $18,693.53

9604 599 MCCLURE EQUIPMENT INC Aug 6, 2015 $273.03

9605 23984 MECHANICAL DRIVES & BELTING INC Aug 6, 2015 $137.95

9606 453 MUNICIPAL MAINTENANCE EQUIP INC Aug 6, 2015 $4,235.98

9607 1279 QUALITY HEAVY DUTY DIESEL ELEC Aug 6, 2015 $358.52

9608 6555 QUINN COMPANY INC Aug 6, 2015 $240.72

9609 21873 RM INDUSTRIES INC Aug 6, 2015 $4,200.00

9610 698 SAN JOAQUIN INTERIORS Aug 6, 2015 $980.00

9611 19584 SMITH & SON TIRE INC Aug 6, 2015 $2,656.05

9612 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Aug 6, 2015 $1,771.28

9613 7670 STEWART ELECTRIC SUPPLY Aug 6, 2015 $65.26

9614 7685 STINSON STATIONERS Aug 6, 2015 $4,427.62

9615 7728 SULLY & SON HYDRAULICS INC Aug 6, 2015 $4,246.48

9616 57 ABATE A WEED Aug 13, 2015 $27.29

9617 63 ACE HYDRAULIC SALES & SERVICE Aug 13, 2015 $30.65

9618 152 ALL AUTOMATIC TRANSMISSION SER Aug 13, 2015 $1,750.00


9620 576 B & B SURPLUS Aug 13, 2015 $557.13

9621 575 B C LABORATORIES Aug 13, 2015 $3,782.00

9622 611 B S & E COMPANY INC Aug 13, 2015 $2,442.08

9623 1037 BERCHTOLD EQUIPMENT CO Aug 13, 2015 $21.29


9625 1765 CARNEYS BUSINESS TECHNOLOGY CTR INC Aug 13, 2015 $4,800.86

9626 20747 CENTRAL SANITARY SUPPLY INC Aug 13, 2015 $362.26


9628 21220 CLEAN ENERGY INC Aug 13, 2015 $11,616.48



FROM 7/31/2015 TO 8/20/2015

PAGE 2

E-Payable

Number

Vendor

Number Vendor Name

E-Payable


9629 5147 COASTLINE EQUIPMENT Aug 13, 2015 $1,993.31

9630 2162 CONSOLIDATED ELECTRICAL DIST INC Aug 13, 2015 $37,493.84

9631 14582 DAVE BANG ASSOCIATES INC Aug 13, 2015 $715.00

9632 13912 DIRECT SAFETY SOLUTIONS INC Aug 13, 2015 $939.93

9633 2757 ELECTRIC MOTOR WORKS INC Aug 13, 2015 $2,274.70

9634 22973 ENNIS PAINT, INCORPORATED Aug 13, 2015 $39,258.96

9635 27459 EVOQUA WATER TECHNOLOGIES Aug 13, 2015 $46,135.04


9637 2874 FERGUSON ENTERPRISES INC Aug 13, 2015 $1,271.19



9640 24247 GREGS PETROLEUM SERVICES INC Aug 13, 2015 $1,327.51

9641 3570 HAAKER EQUIPMENT COMPANY Aug 13, 2015 $410.97

9642 21871 HD SUPPLY WATERWORKS Aug 13, 2015 $38.26

9643 18263 HUB CONSTRUCTION SPECIALTIES INC Aug 13, 2015 $338.72

9644 4171 JERRY & KEITHS INC Aug 13, 2015 $807.01


9646 15694 JIMS TOWING INC Aug 13, 2015 $845.00

9647 453 MUNICIPAL MAINTENANCE EQUIP INC Aug 13, 2015 $2,840.29

9648 6555 QUINN COMPANY INC Aug 13, 2015 $3,422.65

9649 19584 SMITH & SON TIRE INC Aug 13, 2015 $4,912.22

9650 7670 STEWART ELECTRIC SUPPLY Aug 13, 2015 $2,526.06


9652 7728 SULLY & SON HYDRAULICS INC Aug 13, 2015 $2,634.82

9653 15868 TEL TEC SECURITY SYSTEM INC Aug 13, 2015 $265.00

9654 20446 PAPE MACHINERY INC Aug 14, 2015 $1,804.86

9655 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Aug 14, 2015 $5,354.60

9656 25504 STATEWIDE TRAFFIC SAFETY & SIGNS Aug 14, 2015 $1,638.12

9657 13646 UNITED ROTARY BRUSH CORP Aug 14, 2015 $6,753.29

9658 9010 WILLIAMS CLEANING SYSTEMS INC Aug 14, 2015 $202.91

9659 57 ABATE A WEED Aug 20, 2015 $40.00

9660 63 ACE HYDRAULIC SALES & SERVICE Aug 20, 2015 $143.49

9661 24819 AD WEAR & SPECIALTY OF TX Aug 20, 2015 $3,090.00

9662 152 ALL AUTOMATIC TRANSMISSION SER Aug 20, 2015 $270.88


9664 25854 AZCO SUPPLY, INC. Aug 20, 2015 $13,213.90

9665 576 B & B SURPLUS Aug 20, 2015 $3,108.92

9666 575 B C LABORATORIES Aug 20, 2015 $542.00

9667 611 B S & E COMPANY INC Aug 20, 2015 $1,966.57


9669 1765 CARNEYS BUSINESS TECHNOLOGY CTR INC Aug 20, 2015 $939.65

9670 20747 CENTRAL SANITARY SUPPLY INC Aug 20, 2015 $2,168.79


9672 5147 COASTLINE EQUIPMENT Aug 20, 2015 $666.74

9673 13912 DIRECT SAFETY SOLUTIONS INC Aug 20, 2015 $241.88


9675 2874 FERGUSON ENTERPRISES INC Aug 20, 2015 $2,340.62

9676 21315 GAME TIME / GREAT WESTERN CALIF Aug 20, 2015 $150.56



9679 3458 GREAT PACIFIC EQUIPMENT INC Aug 20, 2015 $15,873.15

9680 24247 GREGS PETROLEUM SERVICES INC Aug 20, 2015 $3,570.82

9681 3570 HAAKER EQUIPMENT COMPANY Aug 20, 2015 $815.25



FROM 7/31/2015 TO 8/20/2015

PAGE 3

E-Payable

Number

Vendor

Number Vendor Name

E-Payable


9682 4171 JERRY & KEITHS INC Aug 20, 2015 $4,146.96


9684 15694 JIMS TOWING INC Aug 20, 2015 $620.00

9685 2267 L N CURTIS & SONS Aug 20, 2015 $4,131.78

9686 23984 MECHANICAL DRIVES & BELTING INC Aug 20, 2015 $1,164.05

9687 453 MUNICIPAL MAINTENANCE EQUIP INC Aug 20, 2015 $465.13

9688 6550 QUAD KNOPF INC Aug 20, 2015 $234.00

9689 21873 RM INDUSTRIES INC Aug 20, 2015 $3,284.33

9690 12665 SAN JOAQUIN FENCE & SUPPLY Aug 20, 2015 $3,009.90

9691 7670 STEWART ELECTRIC SUPPLY Aug 20, 2015 $207.07


9693 7728 SULLY & SON HYDRAULICS INC Aug 20, 2015 $439.72

9694 15868 TEL TEC SECURITY SYSTEM INC Aug 20, 2015 $56.00

9695 13646 UNITED ROTARY BRUSH CORP Aug 20, 2015 $198.88

120 $371,945.24

998 $30,794,279.39

Disbursement Total



MEETING DATE: 9/2/2015 Consent - Ordinances c.


FROM: Virginia Gennaro, City Attorney

DATE: 8/13/2015

WARD:

SUBJECT: Adoption of the following Ordinances amending various sections of the Municipal Code:

Amending Section 2.04.080 relating to City Council Consent Calendar Agenda Items.

1.

Amending Section 5.50.100 relating to Advertising on Taxicabs. 2.Amending Section 8.27.010 relating to Maintenance of property. 3.Adding Chapter 15.56 relating to Expedited Permitting Procedures for Small Residential Rooftop Solar Systems.

4.

Amending Section 16.32.060 relating to Tract Map Improvements.

5.

Amending Section 17.60.070 relating to Specialized Signs. 6.

STAFF RECOMMENDATION: Staff recommends adoption of the proposed ordinance amendments.

BACKGROUND: Periodically, various Departments throughout the City request changes to the Bakersfield Municipal Code which are minor in nature. Generally, the changes are being sought to make a section read better or to reflect current practice or correct typographical errors, or to comply with new rules and regulations. While a code clean-up was done a few months ago, a few other minor changes to the Municipal Code have since been identified, and one change in particular is required to be made by September 30, 2015, due to changes in State Law. The following is a list of ordinance changes that are being recommended by Staff: 1. BMC Section 2.04.080. This amendment removes the provision that audio tapes of Council meetings be preserved in perpetuity. The City Council approved retention schedule for the City Clerk contains a generous retention period of 5 years. 2. BMC Section 5.50.100. This amendment clarifies that advertising in and on taxis must be in accordance with Bakersfield Municipal Code section 17.60.090, which governs allowable signs on all vehicles including taxicabs.

3. BMC Chapter 8.27.010. This amendment clarifies Code Enforcement’s authority to abate the public nuisance of accumulation of junk, trash, or debris that is visible to the public. This amendment is necessary to allow Code Enforcement to exercise their authority in areas that are not necessarily adjacent to public streets. It also makes this section consistent with the rest of the property maintenance chapter. 4. BMC Chapter 15.56. This amendment adds a Chapter to the Municipal Code in order to be in compliance with Assembly Bill 2188, which requires the City to adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems. The associated ordinance is intended to satisfy that requirement. The ordinance codifies the requirements of AB 2188, such as accepting applications electronically, directing the City’s Building Official to develop a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review, and authorizing the Building Official to administratively approve such applications 5. BMC Section 16.32.060. This amendment deletes reference to the Northeast Bakersfield planned sewer area. The sewer improvements that were being funded by the Northeast Bakersfield planned sewer area have been completed and fully paid for by collected assessments. As such, there is no longer a need for this planned sewer area. 6. BMC Section 17.60.070. This amendment changes the allowable time for erecting political election signs from sixty to ninety days before an election to be consistent with State law. The amendments had first reading on August 12, 2015.

ATTACHMENTS:

Description Type

2.04.080 Consent Calendar Agenda Items Ordinance

5.50.100 Advertising on Taxicabs Ordinance

8.27.010 Maintenance of Property Ordinance

15.56Expedited Permitting Procedures - Solar Ordinance

16.32.060 Tract Map Improvements Ordinance

17.60.070 Specialized Signs Ordinance

-- Page 1 of 2 Pages --

ORDINANCE NO.________________

AN ORDINANCE AMENDING SECTION 2.04.080 OF THE

BAKERSFIELD MUNICIPAL CODE RELATING TO CITY

COUNCIL CONSENT CALENDAR AGENDA ITEMS.

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

SECTION 1.

Section 2.04.080 of the Bakersfield Municipal Code is hereby amended to

read as follows:

2.04.080 Consent calendar.

A. The consent calendar is comprised of one or more items of routine

nature which may be approved at one time by affirmative roll call vote.

B. Any councilmember may remove any item or items from the

consent calendar to be voted upon separately from all other items on said

consent calendar.

C. Any councilmember may declare a conflict of interest, indicate the

cause of the conflict and request the city clerk to record their abstention from

the vote on any item or items on the consent calendar. That councilmember’s

vote on the consent calendar shall be recorded only for those items for which

that councilmember did not declare a conflict and the city clerk shall record

the abstention of the remaining issues.

D. The minutes of the previous council meeting, which shall be action-

style minutes, may be approved as part of the consent calendar. Meetings shall

also be recorded on audio tape.

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.

-------ooOoo--------


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, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER NOES: COUNCILMEMBER: _______________________________________________________________ ABSTAIN: COUNCILMEMBER: _______________________________________________________________ ABSENT: COUNCILMEMBER: _______________________________________________________________

__________________________________________

ROBERTA GAFFORD, CMC

CITY CLERK and EX OFFICIO Clerk of the

Council of the City of Bakersfield

APPROVED:

By:____________________________

HARVEY L. HALL, Mayor

City of Bakersfield

APPROVED AS TO FORM:

VIRGINIA GENNARO

City Attorney

By:____________________________

RICHARD IGER

Deputy City Attorney

RI:lsc S:\COUNCIL\Ords\15-16\2.04.080ConsentCalendar.docx


ORDINANCE NO.________________

AN ORDINANCE AMENDING SECTION 5.50.100 OF THE

BAKERSFIELD MUNICIPAL CODE RELATING TO

ADVERTISING ON TAXICABS.


SECTION 1.

Section 5.50.100 of the Bakersfield Municipal Code is hereby amended to

read as follows:

5.50.100 Advertising on.

Advertising may be carried on the outside or inside of taxicabs in

accordance with Bakersfield Municipal Code section 17.60.090, provided only

that the advertising shall first be approved as to size and form by the city

manager.

SECTION 2.




-------ooOoo--------




___________________________ by the following vote:


__________________________________________




APPROVED:

By:____________________________


City of Bakersfield


VIRGINIA GENNARO

City Attorney

By:____________________________

RICHARD IGER


RI:lsc S:\COUNCIL\Ords\15-16\5.50.100AdsOnTaxis.docx


ORDINANCE NO. __________________

ORDINANCE AMENDING SECTION 8.27.010, OF THE


MAINTENANCE OF PROPERTY.


SECTION 1.

Section 8.27.010, of the Bakersfield Municipal Code is hereby amended to

read as follows:

8.27.010 Maintenance of property—Violation of specified standards.

It is unlawful and is declared a public nuisance for any person owning,

leasing, occupying or having charge or possession of any property in the city to

maintain such property in such manner that any of the following conditions exist

thereon, except as may be allowed by Title 17 of this code:

A. Any building or structure which has been partially destroyed for at

least six months to the extent of more than twenty-five percent of the value of

the building as it appears on the current tax assessor’s roll, or left in an

unreasonable state of partial construction. For purposes of this chapter, “left in

an unreasonable state of partial construction” means left, after initiation of

construction, for a period of one year or more without completion of a phase

warranting an initial building inspection or without completion of a successive

phase warranting a subsequent building inspection under Title 15 of this code,

where the appearance or other conditions of said unfinished building or

structure substantially detracts from the appearance of the immediate

neighborhood.

B. Any doorway, window or other opening into a vacant structure not

closed and maintained by means or materials approved by the building

director.

C. Any broken window constituting a hazardous condition and

facilitating trespass or malicious mischief, or constituting a shelter for vagrants or

criminals or enabling persons to resort thereto for the purpose of committing

unlawful acts.


D. Overgrown, dead, decayed, diseased or hazardous trees, weeds

and other vegetation:

l. Likely to attract rats, vermin and other nuisances; or

2. Constituting a fire hazard; or

3. Dangerous to public safety and welfare.

E. Any building exterior, wall, fence, driveway, sidewalk, or walkway

which is maintained in such condition of deterioration or disrepair as to be

unsafe or which is so defaced as to substantially detract from the appearance

of the immediate neighborhood.

F. Any attractive nuisance, including abandoned, broken or

neglected machinery or equipment, any pool, pond or excavation dangerous

to children.

G. Construction equipment or machinery of any type or description

parked or stored on the owner’s property where it is readily visible to the general

public, except during excavation, construction or demolition operations

covered by an active building permit for the subject or adjoining property,

except as may be allowed by Title 17 of this code.

H. Lumber (excluding stacked firewood for use on the property and

lumber for a project on the property initiated within ten days of delivery), junk,

trash, debris or salvage materials visible to the general public, except as may be

allowed by Title 17 of this code.

I. Abandoned or discarded furniture, stove, refrigerator, freezer, sink,

toilet, cabinet or other household fixture or equipment visible to the general

public, except as may be otherwise prohibited by Title 17 of this code.

J. Any motor vehicle, trailer, camper, boat or other mobile equipment

parked on any unpaved area in any front yard (as defined in Section 17.04.670

of this code) or on any side yard (as defined in Section 17.04.690 of this code)

adjacent to any street.

K. Any fill dirt containing pieces of concrete, asphalt, or rubbish or any

fill dirt brought to the property or excavated from the property and not wetted

and compacted in accordance with the requirements of Chapter 70 of the

Building Code and graded to within eighteen inches of the adjacent grade

within thirty days of delivery or excavation.


SECTION 2.




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

I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted,


_____________________________ by the following vote:

AYES: COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER

NOES: COUNCILMEMBER: _______________________________________________________________

ABSTAIN: COUNCILMEMBER: _______________________________________________________________

ABSENT: COUNCILMEMBER: _______________________________________________________________ _

______________________________________


CITY CLERK and Ex Officio Clerk of the


APPROVED:

By:______________________________

HARVEY L. HALL

Mayor


VIRGINIA GENNARO

City Attorney

By: ___________________________

ANDREW HEGLUND


AH:vlg/lsc S:\COUNCIL\Ords\15-16\8.27.010.MaintenanceofProperty.docx

of 5 Pages

ORDINANCE NO.________________

AN ORDINANCE ADDING CHAPTER 15.56 OF THE

BAKERSFIELD MUNICIPAL CODE RELATING TO EXPEDITED

PERMITTING PROCEDURES FOR SMALL RESIDENTIAL

ROOFTOP SOLAR SYSTEMS.

WHEREAS, subsection (a) of Section 65850.5 of the California Government

Code provides that it is the policy of the State to promote and encourage the

installation and use of solar energy systems by limiting obstacles to their use and

by minimizing the permitting costs of such systems; and

WHEREAS, subsection (g)(1) of Section 65850.5 of the California

Government Code provides that, on or before September 30, 2015, every city,

county, or city and county shall adopt an ordinance, consistent with the goals

and intent of subsection (a) of Section 65850.5, that creates an expedited,

streamlined permitting process for small residential rooftop solar energy systems.

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

as follows:

SECTION 1.

Chapter 15.56 of the Bakersfield Municipal Code is hereby added to read

as follows:

Chapter 15.56 PERMITTING SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS

15.56.010 Purpose.

15.56.020 Definitions.

15.56.030 Small Residential Rooftop Solar System Requirements.

15.56.040 Electronic Access to Permit Information and Submittals.

15.56.050 Application Review.

15.56.060 Inspection.

15.56.010 Purpose.

A. The intent of this Chapter is to adopt an option for expedited,

streamlined solar permitting process that complies with the Solar Rights Act, as

amended by Assembly Bill 2188 (Chapter 521, Statutes 2014) to achieve timely

and cost-effective installations of small residential rooftop solar energy systems.

This Chapter will increase the deployment of residential solar distributed

generation, provide solar customers greater installation ease, improve the City’s

and State’s ability to reach its clean energy goals, and generate much needed

of 5 Pages

jobs in the City and State. The Chapter allows the City to achieve these goals

while protecting public health and safety.

15.56.020 Definitions.

Whenever used in this chapter, unless a different meaning clearly appears

from the context, the words set out in this section shall have the following

meanings:

A. “Electronic Submittal” means the utilization of one or more of the

following:

1. Email;

2. Internet;

3. Facsimile.

B. “Small Residential Rooftop Solar Energy System” means a solar

energy system which meets all of the following:

1. A solar energy system that is no larger than 10 kilowatts

alternating current nameplate rating or 30 kilowatts thermal.

2. A solar energy system that (1) conforms to all applicable state

fire, structural, electrical, and other building codes as

adopted or amended by the City; (2) all state and County

health and safety standards; and (3) all applicable safety

and performance standards established by the California

Electrical Code, the Institute of Electrical and Electronics

Engineers, and accredited testing laboratories such as

Underwriters Laboratories and, where applicable, rules of the

Public Utilities Commission regarding safety and reliability.

3. A solar energy system that is installed on a single or duplex

family dwelling.

4. A solar panel or module array that does not exceed the

maximum legal building height as defined by the City.

C. “Solar Energy System” has the same meaning set forth in

paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as

such section or subdivision may be amended, renumbered, or redesignated

from time to time.

of 5 Pages

15.56.030 Small Residential Rooftop Solar System Requirements.

A. All small residential rooftop solar energy systems shall comply with

the applicable standards and requirements for solar energy systems as set forth

in the Bakersfield Municipal Code, California Solar Permitting Guidebook, and

City of Bakersfield website.

B. The small residential rooftop solar system permit process, standard

plan(s), and checklist(s), shall substantially conform to the recommendations for

expedited permitting, including the checklists and standard plans, contained in

the most current version of the California Solar Permitting Guidebook adopted

by the Governor’s Office of Planning and Research.

15.56.040 Electronic Access to Permit Information and Submittals.

A. The Building Director shall make the checklist and all permitting

documentation required for a small residential rooftop solar energy system

available on the City of Bakersfield website.

B. An applicant may submit the application and related

documentation for a small residential rooftop solar energy system by electronic

submittal, as specified on the City website.

15.56.050 Application Review.

A. Upon confirmation that the application is complete, staff shall

review the application to ensure that the small residential rooftop solar energy

system meets local, state, and federal health and safety requirements. Upon

receipt of an incomplete application, the building official shall issue a written

correction notice detailing all deficiencies in the application and any additional

information required to be eligible for expedited permit issuance.

B. Staff shall issue a building permit or other nondiscretionary permit

within a reasonable time following receipt of a complete application that meets

the requirements of the approved checklist, standard plan, and this chapter.

C. Staff’s approval of an application shall not be based or conditioned

on the approval of an association, as defined in California Civil Code section

4080.

15.56.060 Inspection.

A. One inspection shall be required and performed by staff for small

residential rooftop solar energy systems eligible for expedited review in a timely

of 5 Pages

manner. Systems with Tile Roofs shall be inspected in one of the following

methods:

1. Solar installation employee shall be at the job site to meet the

building inspector to uncover roof tiles to expose roof flashings as

requested by the building inspector.

2. Inspection is done in two parts, first a roof flashing inspection and

then final inspection.

B. If a small residential rooftop solar energy system fails inspection, a

subsequent inspection is authorized but need not conform to the requirements

of this section.

SECTION 2.




-------ooOoo--------

of 5 Pages



__________________________, by the following vote:


__________________________________________




APPROVED:

By:____________________________


City of Bakersfield

APPROVED AS TO CONTENT:

COMMUNITY DEVELOPMENT DEPARTMENT

By: ___________________________

DOUGLAS N. MC ISAAC

Community Development Director


VIRGINIA GENNARO

City Attorney

By:____________________________

RICHARD IGER


RI:dll/lsc S:\COUNCIL\Ords\15-16\15.56 Solar Systems.docx


ORDINANCE NO. __________________


BAKERSFIELD MUNICIPAL CODE RELATING TO TRACT MAP

IMPROVEMENTS.


SECTION 1.

Section 16.32.060, of the Bakersfield Municipal Code is hereby amended

to read as follows:

16.32.060 Tract map improvements—In subdivisions for which final tract map is

required.

E. Sewer Facilities—Payment of Fees Required. Prior to approval of any

development entitlement including, but not limited to, any general plan land

use designation amendment, rezoning, the filing of any final map or parcel

map, the granting of a conditional use permit, or after the cancellation of a

Williamson Act contract within an assessment district, the subdivider/property

owner shall pay or cause to be paid any fees for defraying the actual or

estimated costs of constructing planned sanitary sewer facilities for local sanitary

sewer areas pursuant to sanitary sewer plans adopted by the council, or

connection to sanitary sewer facilities therefor in accordance with Article 5 of

Chapter 4 of Division 2 of Title 7 of the California Government Code Section

66483 et seq.

In cases where a subdivider/property owner pays greater than its

proportionate cost of sewer construction, reimbursement may occur through a

reimbursement agreement or, where an assessment district has been formed,

credit against assessments previously paid.

The following sanitary sewer areas presently exist:

1. Pierce Road-Oak Street planned sanitary sewer area;

2. Allen Road planned sewer area;

3. Brimhall Road planned sewer area;

4. Mohawk planned sewer area;

5. McDonald planned sewer area (existing residential infill sewer area);

6. McAllister Ranch planned sewer area;

7. Verdugo Lane planned sewer area;

8. Allen Road II planned sewer area;

9. Panama and Union planned sewer area;

10. Curnow planned sewer area;


11. Hooper Avenue and Kimberly Avenue planned sewer area.

SECTION 2.




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








______________________________________




APPROVED:

By:______________________________

HARVEY L. HALL

Mayor


VIRGINIA GENNARO

City Attorney

By: ___________________________

ANDREW HEGLUND


AH:vlg/lsc S:\COUNCIL\Ords\15-16\16.32.060.TractMapImprovements.docx


ORDINANCE NO. __________________



SPECIALIZED SIGNS.


SECTION 1.

Section 17.060.070, of the Bakersfield Municipal Code is hereby amended

to read as follows:

17.60.070 Specialized signs.

C. Political Election Signs. Political election signs are permitted to be

placed on private property in the city in addition to that permitted by the zone

district in which they are located subject to the following regulations:

1. Signs shall not be erected sooner than ninety days before the

election and shall be removed within ten days following the election. The owner

of the property on which the sign is placed shall be responsible for removal.

SECTION 2.




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









______________________________________




APPROVED:

By:______________________________

HARVEY L. HALL

Mayor


VIRGINIA GENNARO

City Attorney

By: ___________________________

RICHARD IGER


RI:vlg/lsc S:\COUNCIL\Ords\15-16\17.60.070.SpecializedSigns.docx


MEETING DATE: 9/2/2015 Consent - Resolutions d.


FROM: Alan Tandy, City Manager

DATE: 7/31/2015

WARD:

SUBJECT: Approval of Two (2) Property Assessed Clean Energy (PACE) Programs In the City of Bakersfield: California Home Finance Authority PACE Program - Ygrene

Resolution Consenting to the Inclusion of Properties, Within the City's Jurisdiction, in the California Home Finance Authority Community Facilities District NO. 2014-1 (Clean Energy) to Finance Renewable Energy Improvements, Energy Efficiency and Water Conservation Improvements and Electric Vehicle Charging Infrastructure and Approving Associate Membership in the Joint Exercise of Powers Authority Related Thereto (SB 555).

1.

Resolution Consenting to the Inclusion of Properties, Within the City's Jurisdiction, in the California Home Finance Authority Program to Finance Renewable Energy Generation, Energy and Water Efficiency Improvements and Electric Vehicle Charging Infrastructure and Approving Associate Membership in the Joint Exercise of Powers Authority Related Thereto (AB 811).

2.

Indemnification and Insurance Agreement.3. California Municipal Finance Authority PACE Program - Energy Efficient Equity ("E3") and PACE Funding

Resolution Consenting to the Inclusion of Properties, Within the City's Jurisdiction, in the CMFA PACE Program; Authorizing CMFA to Accept Applications from Property Owners, Conduct Contractual Assessment Proceedings and Levy Contractual Assessments Within the Territory of the City.

1.

Indemnification Agreement. 2.

STAFF RECOMMENDATION: Staff recommends approval of resolutions and agreements.

BACKGROUND: In 2008, the State of California approved legislation that enabled cities and counties to create Property Assessed Clean Energy (PACE) Programs to provide a mechanism for property owners to fund energy efficiency, water efficiency and other renewable energy projects, utilizing their property as collateral. The legislation authorized the creation of assessment districts, whereby commercial and residential property owners could finance the upfront capital costs of these projects and repay the amount financed through a contractual assessment on their property. In most cases, the contractual assessments are recorded as a lien against the subject property, entered in the County roll and collected through the property owner's property tax bill at the same time and in the same manner as traditional property assessments. The concept is that the assessments that repay the efficiency project loan amount, plus any applicable interest, run with the property until the repayment term expires. In response to this movement, some cities and counties began to set up, administer and fund local PACE programs. At the same time, several statewide PACE programs were being developed to provide cities and counties a turnkey PACE option that did not place administrative of financial liability burdens on the cities that participated in them. In 2010, the City of Bakersfield and the County of Kern joined a large number of other cities and counties throughout California in approving participation in the CaliforniaFIRST PACE program. This program is sponsored by California Statewide Communities Development Authority (California Communities), a Joint Powers Authority established by the League of California Cities and the California Association of Counties. Again, this was done in an effort to provide City residents and businesses with the opportunity to access a statewide PACE financing program. Since that time, the City has expanded the number of PACE program options available to City residents and businesses. With the growth and utilization of PACE programs, additional PACE programs have been established in a similar fashion as CaliforniaFIRST, that is they are statewide programs that provide PACE financing totally independent of the City. All that is needed for City residents to access these programs is the approval of the programs to operate in the City of Bakersfield, which is done through a resolution. Below are the current PACE program providers, and the Joint Powers Authorities that have established them, which have been authorized to operate in the City of Bakersfield: 2010 - CaliforniaFIRST - sponsored by California Statewide Communities Development Authority2013 - Figtree - sponsored by California Enterprise Development Authority2014 - HERO PACE Program - sponsored by Western Riverside Council of Governments The action before the Council under this item is to further expand the PACE program providers operating in the City of Bakersfield to include the following programs: Ygrene Works for California PACE Program: the Ygrene PACE program is sponsored by the California Home Finance Authority (CHFA in the process of formally changing its name to Golden State Finance Authority), a Joint Powers Authority established in 1993. CHFA has established two PACE financing programs for residential, commercial, industrial and agricultural properties, under the legislative authority of two separate California PACE laws, to address high up-front costs for property owners who wish to improve their properties through installation of measures that will generate renewable energy or reduced energy and water use.

SB 555 PACE Community Facilities District: SB 555 amended the Mello-Roos Community Facilities Act to allow for the creation of Community Facilities Districts for the purpose of financing or refinancing the acquisition, installation, and improvement of energy efficiency, water conservation, renewable energy and electric vehicle charging infrastructure improvements permanently affixed to private or publicly-owned real property. AB 811 PACE Contractual Assessment Program: Similar to most other PACE programs, the passage of AB 811 authorized cities and counties to establish voluntary contractual assessment programs for the purpose of financing private property improvements that promote renewable energy generation, energy and water efficiency and electric vehicle charging infrastructure. The two resolutions before the Council authorize the Ygrene PACE program to operate in the City of Bakersfield under each form discussed above. In addition, each resolution approves the City's associate membership in the CHFA Joint Powers Authority. The City's associate membership in CHFA does not subject the City to any potential liability or responsibility related to CHFA. In addition, the third item included for action by Council is an Indemnification and Insurance Agreement with Ygrene designed to provide further protection for the City. These protections are consistent with the provisions of approval for the City's existing PACE programs. Energy Efficient Equity (E3) and PACE Funding Program: the E3 PACE program is sponsored by the California Municipal Finance Authority (CMFA), a Joint Powers Authority formed in 2004. The City of Bakersfield is a current member of CMFA so the resolution approving the CMFA PACE program in the City of Bakersfield does not require joining CMFA as an associate member. Instead, all that is necessary is approval of a resolution allowing the E3 PACE program to be offered in the City. Staff is also bringing forward an Indemnification Agreement consistent with the City's approval process for other PACE programs. The CMFA PACE program operates under the authority provided in AB 811, therefore, only one resolution is necessary. Conclusion: the approval of the resolutions and agreements included in this item will expand the current number of authorized PACE programs in the City of Bakersfield from three (3) to a total of five (5). While these programs are structured in very similar ways, each has some unique aspects which they promote to differentiate themselves, such as differing interest rates and/or terms. Staff views the addition of these PACE programs as providing additional consumer choice for residents of Bakersfield who may choose to utilize PACE financing opportunities.

ATTACHMENTS:

Description Type

Resolution for Ygrene SB 555 PACE Resolution

Resolution for Ygrene AB 811 PACE Resolution

Exhibit A to Ygrene Resolutions Exhibit

Ygrene Indemnification and Insurance Agreement Agreement

Resolution for CMFA/ E3 PACE Resolution

CMFA/E3 Indemnification Agreement Agreement

__________________________________ S:\COUNCIL\Resos\15-16\Non-Member City_CHF Reso CFD - PACE.Docx

-- Page 1 of 4 Pages –

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD

CONSENTING TO INCLUSION OF PROPERTIES WITHIN CITY’S

JURISDICTION IN THE CALIFORNIA HOME FINANCE AUTHORITY

COMMUNITY FACILITIES DISTRICT NO. 2014-1 (CLEAN ENERGY) TO

FINANCE RENEWABLE ENERGY IMPROVEMENTS, ENERGY EFFICIENCY

AND WATER CONSERVATION IMPROVEMENTS AND ELECTRIC VEHICLE

CHARGING INFRASTRUCTURE AND APPROVING ASSOCIATE

MEMBERSHIP IN THE JOINT EXERCISE OF POWERS AUTHORITY RELATED

THERETO.

WHEREAS, the California Home Finance Authority, a California joint powers

authority, (the “Authority”) has established the Community Facilities District No.

2014-1(Clean Energy) in accordance with the Mello-Roos Community Facilities

Act, set forth in sections 53311 through 53368.3 of the California Government

Code (the “Act”) and particularly in accordance with sections 53313.5(l) and

53328.1(a) (the “District”); and

WHEREAS, the purpose of the District is to finance or refinance (including

the payment of interest) the acquisition, installation, and improvement of energy

efficiency, water conservation, renewable energy and electric vehicle charging

infrastructure improvements permanently affixed to private or publicly-owned

real property (the “Authorized Improvements”); and

WHEREAS, the Authority is in the process of amending the Authority Joint

Powers Agreement (the “Authority JPA”) to formally change its name to the

Golden State Finance Authority; and

WHEREAS, the City of Bakersfield (“City”) is committed to development of

renewable energy generation and energy efficiency improvements, reduction

of greenhouse gases, and protection of the environment; and

WHEREAS, in the Act, the Legislature has authorized a parcel within the

territory of the District to annex to the District and be subject to the special tax

levy of the District only (i) if the city or county within which the parcel is located

has consented, by the adoption of a resolution by the applicable city council or

county board of supervisors, to the inclusion of parcels within its boundaries in

the District and (ii) with the unanimous written approval of the owner or owners

of the parcel when it is annexed (the “Unanimous Approval Agreement”),

which, as provided in section 53329.6 of the Act, shall constitute the election

required by the California Constitution; and



WHEREAS, City wishes to provide innovative solutions to its property owners

to achieve energy efficiency and water conservation and in doing so

cooperate with Authority in order to efficiently and economically assist property

owners within City in financing such Authorized Improvements; and

WHEREAS, the Authority has established the District, as permitted by the

Act, and the Authority JPA, a copy of which is attached as Exhibit “A” hereto,

originally made and entered into July 1, 1993, as amended to date, and City,

desires to become an Associate Member of the JPA to participate in the

programs of the JPA and, to assist property owners within the incorporated area

of the City in financing the cost of installing Authorized Improvements; and

WHEREAS, the City will not be responsible for the conduct of any special

tax proceedings; the levy and collection of special taxes or any required

remedial action in the case of delinquencies in the payment of any special

taxes in connection with the District.

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

Bakersfield as follows:

1. The above recitals are true and correct.

2. This City Council finds and declares that properties in the City’s

incorporated area will be benefited by the availability of the Authority CFD No.

2014-1 (Clean Energy) to finance the installation of the Authorized Improvements.

3. This City Council consents to inclusion in the Authority CFD No. 2014-1

(Clean Energy) of all of the properties in the incorporated area within the City and

to the Authorized Improvements, upon the request of and execution of the

Unanimous Approval Agreement by the owners of such properties when such

properties are annexed, in compliance with the laws, rules and regulations

applicable to such program; and to the assumption of jurisdiction thereover by

Authority for the purposes thereof.

4. The consent of this City Council constitutes assent to the assumption

of jurisdiction by Authority for all purposes of the Authority CFD No. 2014-1 (Clean

Energy) and authorizes Authority, upon satisfaction of the conditions imposed in

this resolution, to take each and every step required for or suitable for financing

the Authorized Improvements.

5. The City Council hereby finds that adoption of this Resolution is not a

“project” under the California Environmental Quality Act, because the Resolution

does not involve any commitment to a specific project which may result in a

potentially significant physical impact on the environment, as contemplated by

Title 14, California Code of Regulations, Section 15378(b)(4)).



6. This City Council hereby approves joining the JPA as an Associate

Member and authorizes the execution by appropriate City officials of any

necessary documents to effectuate such membership.

7. City staff is authorized and directed to coordinate with Authority staff

to facilitate operation of the Authority CFD No. 2014-1 (Clean Energy) within the

City.

8. The City Clerk is directed to send a certified copy of this resolution to

the Secretary of the Authority.

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

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted


____________________________, by the following vote:

YES: COUNCIL MEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER

NOES: COUNCIL MEMBER ______________________________________________________________

ABSTAIN: COUNCIL MEMBER ______________________________________________________________

ABSENT: COUNCIL MEMBER _______________________________________________________________

________________________________


CITY CLERK and Ex Officio Clerk of

the Council of the City of Bakersfield

APPROVED _________________

By _________________________

HARVEY L. HALL

Mayor


VIRGINIA GENNARO

City Attorney

By _________________________

ANDREW HEGLUND

Deputy City Attorney AH:dll

Attachment



Exhibit A

JPA Agreement

[to be inserted]

______________________________ S:\COUNCIL\Resos\15-16\Non-Member PACE 811_V2-25-15.Docx


RESOLUTION NO. ______________


CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE CITY’S

JURISDICTION IN THE CALIFORNIA HOME FINANCE AUTHORITY

PROGRAM TO FINANCE RENEWABLE ENERGY GENERATION,

ENERGY AND WATER EFFICIENCY IMPROVEMENTS AND ELECTRIC

VEHICLE CHARGING INFRASTRUCTURE AND APPROVING

ASSOCIATE MEMBERSHIP IN THE JOINT EXERCISE OF POWERS

AUTHORITY RELATED THERETO.

WHEREAS, the California Home Finance Authority (“Authority”) is a joint

exercise of powers authority established pursuant to Chapter 5 of Division 7, Title

1 of the Government Code of the State of California (Section 6500 and

following) (the “Act”) and the Joint Power Agreement entered into on July 1,

1993, as amended from time to time (the “Authority JPA”); and

WHEREAS, the Authority is in the process of amending the Authority JPA to

formally change its name to the Golden State Finance Authority; and

WHEREAS, Authority has established a property-assessed clean energy

(“PACE”) Program (the “Authority PACE Program”) to provide for the financing

of renewable energy generation, energy and water efficiency improvements

and electric vehicle charging infrastructure (the “Improvements”) pursuant to

Chapter 29 of the Improvement Bond Act of 1911, being Division 7 of the

California Streets and Highways Code (“Chapter 29”) within counties and cities

throughout the State of California that elect to participate in such program; and

WHEREAS, City of Bakersfield (“City”) is committed to development of

renewable energy generation and energy and water efficiency improvements,

reduction of greenhouse gases, and protection of the environment; and

WHEREAS, in Chapter 29, the Legislature has authorized cities and counties

to assist property owners in financing the cost of installing Improvements through

a voluntary contractual assessment program; and

WHEREAS, installation of such Improvements by property owners within the

jurisdictional boundaries of the counties and cities that are participating in the

Authority PACE Program would promote the purposes cited above; and

WHEREAS, City wishes to provide innovative solutions to its property owners

to achieve energy and water efficiency, and, in doing so, cooperate with

Authority in order to efficiently and economically assist property owners within

City in financing such Improvements; and



WHEREAS, Authority has established the Authority PACE Program, which is

such a voluntary contractual assessment program, as permitted by the Act and

the Authority JPA, a copy of which is attached as Exhibit “A” hereto, originally

made and entered into July 1, 1993, as amended to date, and City, desires to

become an Associate Member of the JPA to participate in the programs of the

JPA and to assist property owners within the jurisdiction of the City in financing

the cost of installing Improvements; and

WHEREAS, City will not be responsible for the conduct of any assessment

proceedings; the levy and collection of assessments or any required remedial

action in the case of delinquencies in the payment of any assessments or the

issuance, sale or administration of any bonds issued in connection with the

Authority PACE Program.




2. This City Council finds and declares that properties in City’s

incorporated area will be benefited by the availability of the Authority PACE

Program to finance the installation of the Improvements.

3. This City Council consents to inclusion in the Authority PACE Program

of all of the properties in the jurisdictional boundaries of City and to the

Improvements, upon the request by and voluntary agreement of owners of such

properties, in compliance with the laws, rules and regulations applicable to such

program; and to the assumption of jurisdiction thereover by Authority for the

purposes thereof.

4. The consent of this City Council constitutes assent to the assumption

of jurisdiction by Authority for all purposes of the Authority PACE Program and

authorizes Authority, upon satisfaction of the conditions imposed in this

resolution, to take each and every step required for or suitable for financing the

Improvements, including the levying, collecting and enforcement of the

contractual assessments to finance the Improvements and the issuance and

enforcement of bonds to represent such contractual assessments.

5. This City Council hereby approves joining the JPA as an Associate

Member and authorizes the execution by appropriate City officials of any

necessary documents to effectuate such membership.

6. The City Council hereby finds that adoption of this Resolution is not

a “project” under the California Environmental Quality Act, because the

Resolution does not involve any commitment to a specific project which may



result in a potentially significant physical impact on the environment, as

contemplated by Title 14, California Code of Regulations, Section 15378(b)(4)).

7. City staff is authorized and directed to coordinate with Authority

staff to facilitate operation of the Authority PACE Program within the City.

8. The City Clerk is directed to send a certified copy of this resolution

to the Secretary of the Authority.

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








________________________________




APPROVED _________________

By _________________________

HARVEY L. HALL

Mayor


VIRGINIA GENNARO

City Attorney

By _________________________

ANDREW HEGLUND


AH:dll

Attachment



JPA Agreement

[to be inserted]

_____________________________________________

Indemnification Insurance Agreement City of Bakersfield & Ygrene Energy Fund CA, LLC S:\Commdevdpt\Agrs\15-16\Ygrene Indemn Ins Agr (PACE).Docx


AGREEMENT NO. ______________

INDEMNIFICATION AND INSURANCE AGREEMENT

This Indemnification and Insurance Agreement (“Agreement”) is entered

into on ______________________, 2015, by and between the CITY OF BAKERSFIELD,

a municipal corporation (“City”) and YGRENE ENERGY FUND CA, LLC, a

California limited liability company (“Administrator”), the administrator of the

California Home Finance Authority’s PACE Program and the California Home

Finance Authority’s Community Facilities District No. 2014-1 (Clean Energy).

R E C I T A L S

WHEREAS, the California Home Finance Authority (“Authority”) is a joint

exercise of powers authority established pursuant to Chapter 5 of Division 7, Title

1 of the California Government Code (Section 6500 et. seq.) and the Joint

Exercise of Powers Agreement entered into on July 1, 1993, as amended from

time to time (“Authority JPA”); and

WHEREAS, the Authority is in the process of amending the Authority JPA to

formally change its name to the Golden State Finance Authority; and

WHEREAS, the Authority has established a property-assessed clean energy

(“PACE”) Program (“Authority PACE Program”) to provide for the financing of

renewable energy generation, energy and water efficiency improvements, and

electric vehicle charging infrastructure (the “Improvements”) pursuant to

Chapter 29 of Division 7 of the California Streets and Highways Code (“Chapter

29”), within counties and cities throughout the State of California that elect to

participate in the Program; and

WHEREAS, in addition, the Authority has established the Community

Facilities District No. 2014-1(Clean Energy) in accordance with the Mello-Roos

Community Facilities Act, set forth in sections 53311 through 53368.3 of the

California Government Code (“Act”) and particularly in accordance with

sections 53313.5(l) and 53328.1(a) (“District”); and

WHEREAS, the City Council of the City of Bakersfield has approved the City

joining the Authority, has consented to the inclusion in the Authority PACE

Program of all of the properties in the jurisdictional boundaries of the City and to

the acquisition, construction, and installation of the Improvements, upon the

_____________________________________________



request by and voluntary agreement of owners of such properties, in

compliance with the laws, rules and regulations applicable to the Program, and

has consented to the inclusion in Community Facilities District No. 2014-1(Clean

Energy) of all of the properties in the City’s jurisdiction and to the construction

and installation of the Authorized Improvements, upon the request of, and

execution of the Unanimous Approval Agreement by, the owners of such

properties when such properties are annexed, in compliance with the laws, rules

and regulations applicable to the District; and

WHEREAS, the Authority and the Administrator have entered into a Third

Party Administration Agreement, dated March 2015, in which the Administrator

agrees to administer the Authority PACE Program and/or Community Facilities

District No. 2014-1(Clean Energy) on behalf of the Authority; and

WHEREAS, the Administrator agrees to indemnify the City and to provide

insurance in connection with the administration of the Authority PACE Program

and/or Community Facilities District No. 2014-1(Clean Energy) in the City of

Bakersfield.

NOW, THERFORE, in consideration of the Recitals above and of the City’s

agreement to join the Authority and to participate in the Authority’s PACE

Program and/or Community Facilities District No. 2014-1(Clean Energy), the

parties agree as follows:

1. AGREEMENT TO INDEMNIFY. The Administrator agrees to defend,

indemnify, and hold harmless the City, its officers, elected or appointed officials,

employees, agents, and volunteers from and against any and all claims,

damages, losses, expenses, fines, penalties, judgments, demands, and defense

costs (including, without limitation, actual, direct, out-of-pocket costs and

expenses, and amounts paid in compromise or settlement and reasonable

outside legal fees arising from litigation of every nature or liability of any kind or

nature including civil, criminal, administrative or investigative) arising out of or in

connection with the Authority’s PACE Program or Community Facilities District

No. 2014-1 (Clean Energy), except such loss or damage which was caused by

the sole negligence or willful misconduct of the City. The Administrator will

conduct all defenses at its sole cost and expense, and the City shall reasonably

approve selection of the Administrator’s counsel. This indemnity shall apply to all

claims and liability regardless of whether any insurance policies of the

Administrator, its affiliates or any other parties are applicable thereto. The policy

limits of any insurance of the Administrator, its affiliates or other parties are not a

limitation upon the obligation of the Administrator, including without limitation,

the amount of indemnification to be provided by the Administrator. The

provisions of this section shall survive the termination of this Agreement.

_____________________________________________



2. INSURANCE. The Administrator agrees that, at no cost or expense to

the City, at all times during the administration of the Authority’s PACE Program

and Community Facilities District No. 2014-1 (Clean Energy), to maintain the

insurance coverage set forth in Exhibit “A” to this Agreement.

3. AMENDMENT/INTERPRETATION OF THIS AGREEMENT. This Agreement,

including all Exhibits attached hereto, represents the entire understanding of the

parties as to those matters contained herein. No prior oral or written

understanding shall be of any force or effect with respect to those matters

covered hereunder. No supplement, modification, or amendment of this

Agreement shall be binding unless executed in writing by both parties hereto.

This Agreement shall not be interpreted for or against any party by reason of the

fact that such party may have drafted this Agreement or any of its provisions.

4. SECTION HEADINGS. Section headings in this Agreement are

included for convenience of reference only and shall not constitute a part of

this Agreement for any other purpose.

5. WAIVER. No waiver of any of the provisions of this Agreement shall

be binding unless in the form of a writing signed by the party against whom

enforcement is sought, and no such waiver shall operate as a waiver of any

other provisions hereof (whether or not similar), nor shall such waiver constitute a

continuing waiver. Except as specifically provided herein, no failure to exercise

or any delay in exercising any right or remedy hereunder shall constitute a

waiver thereof.

6. SEVERABILITY AND GOVERNING LAW. If any provision or portion

thereof of this Agreement shall be held by a court of competent jurisdiction to

be invalid, void, or otherwise unenforceable, the remaining provisions shall

remain enforceable to the fullest extent permitted by law. This Agreement shall

be governed by and construed and enforced in accordance with the laws of

the State of California applicable to contracts made and to be performed in

California.

7. NOTICES. All notices, demands and other communications required

or permitted hereunder shall be made in writing and shall be deemed to have

been duly given if delivered by hand, against receipt, or mailed certified or

registered mail and addressed as follows:

_____________________________________________



If to Administrator: Bart Van Voorhis

Executive Vice President, Corporate Development

Ygrene Energy Fund CA, LLC

815 5th Street, Suite 100

Santa Rosa, CA 95404

If to City:

Steven L. Teglia

Assistant City Manager

CITY OF BAKERSFIELD

1600 Truxtun Avenue

Bakersfield, CA 93301

8. COUNTERPARTS. This Agreement may be executed in one or more

counterparts, each of which shall be deemed to be an original, which together

shall constitute the same instrument.

9. EFFECTIVE DATE. This Agreement will be effective as of the date of

the signature of City’s representative as indicated below in the City’s signature

block.

IN WITNESS HEREOF, the parties hereto duly executed this Agreement as of

the date below.

“CITY”

CITY OF BAKERSFIELD

By:

HARVEY L. HALL

Mayor


COMMUNITY DEVELOPMENT SERVICES

By: __________________________________

DOUGLAS McISAAC

Community Development

Director

Additional Signatures on Following Page

“ADMINISTRATOR”

YGRENE ENERGY FUND CA, LLC

By:

STACEY LAWSON

President/CEO

_____________________________________________




VIRGINIA GENNARO, City Attorney

By: ________________________________

ANDREW HEGLUND


COUNTERSIGNED:

By: ___________________________________

NELSON SMITH

Finance Director

_____________________________________________



EXHIBIT A

INSURANCE

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. The coverage provided by Insurance Services Office Commercial

General Liability coverage (“occurrence”) Form Number CG 0001;

and

2. The coverage provided by Insurance Services Office Form Number

CA 0001 covering Automobile Liability. Coverage shall be included

for all owned, non-owned and hired automobiles; and

3. Workers' Compensation insurance as required by the California

Labor Code and Employers Liability insurance; and

4. Professional Liability Errors & Omissions for all professional services.

There shall be no endorsement reducing the scope of coverage required above

unless approved by the Bakersfield Risk Manager.

B. Minimum Limits of Insurance

Administrator shall maintain limits no less than:

1. Commercial General Liability: $1,000,000 per occurrence for bodily

injury, personal injury and property damage. If Commercial Liability

Insurance or other form with a general aggregate limit is used,

either the general aggregate limit shall apply separately to this

project/location or the general aggregate limit shall be twice the

required occurrence limit; and

2. Automobile Liability: $1,000,000 combined single limit per accident

for bodily injury and property damage; and

3. Workers' Compensation and Employers Liability: Workers'

Compensation limits as required by the California Labor Code and

Employers Liability limits of $1,000,000 per accident; and

4. Professional Liability Errors & Omissions $1,000,000 per occurrence/

aggregate limit.

_____________________________________________



C. Deductibles and Self-Insured Retentions

Any deductibles or self-insured retentions must be declared to, and approved

by the Bakersfield Risk Manager. At the option of City, either: the insurer shall

reduce or eliminate such deductibles or self-insured retentions as respects City,

its officers, employees, agents and contractors; or Administrator shall procure a

bond guaranteeing payment of losses and related investigations, claim

administration and defense expenses in an amount specified by the Bakersfield

Risk Manager.

D. Other Insurance Provisions

The policies are to contain, or be endorsed to contain, the following provisions:

1. Commercial General Liability and Automobile Liability Coverages.

a. Bakersfield, its officers, employees, agents, and contractors

are to be covered as additional insureds as respects: Liability

arising out of activities performed by or on behalf of

Administrator; products and completed operations of

Administrator; premises owned, leased, or used by

Administrator; and automobiles owned, leased, hired or

borrowed by Administrator. The coverage shall contain no

special limitations on the scope of protection afforded to the

City, its officers, employees, agents, and contractors.

b. Administrator's insurance coverage shall be primary insurance

as respects the City, its officers, employees, agents, and

contractors. Any insurance or self-insurance maintained by

City, its officers, employees, agents, or contractors shall be

excess of Administrator's insurance and shall not contribute

with it.

c. Any failure to comply with reporting provisions of the policies

by Administrator shall not affect coverage provided to the

City, its officers, employees, agents, or contractors.

d. Coverage shall state that Administrator’s insurance shall

apply separately to each insured against whom claim is

made or suit is brought, except with respect to the limits of

the insurer’s liability.

e. Coverage shall contain a waiver of subrogation in favor of

the City, its officers, employees, agents, and contractors.

_____________________________________________



2. Workers’ Compensation and Employers’ Liability.

Coverage shall contain waiver of subrogation in favor of Bakersfield,

its officers, employees, agents, and contractors.

3. All Coverages

Each insurance policy required by this AGREEMENT shall be

endorsed to state that coverage shall not be suspended, voided,

cancelled, or reduced in limits except after thirty (30) days' prior

written notice has been given to the City, except that ten (10) days’

prior written notice shall apply in the event of cancellation for

nonpayment of premium.

E. Acceptability of Insurers.

Insurance is to be placed with insurers acceptable to the Bakersfield Risk

Manager.

F. Verification of Coverage.

Administrator shall furnish the City with certificates of insurance and with original

endorsements affecting coverage required by this AGREEMENT. The certificates

and endorsements for each insurance policy are to be signed by a person

authorized by that insurer to bind coverage on its behalf.

Proof of insurance shall be either emailed in pdf format to: [insert email if

desired] or mailed to the following postal address or any subsequent address as

may be directed in writing by the Bakersfield Risk Manager:

Risk Manager

City of Bakersfield

1600 Truxtun Avenue


G. Subcontractors

Administrator shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor.

_____________________________ S:\COUNCIL\Resos\15-16\Reso PACE Prop Owners.Docx


RESOLUTION NO. ________________


CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE

TERRITORY OF THE CITY IN THE CMFA PACE PROGRAM; AUTHORIZING

THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY TO ACCEPT

APPLICATIONS FROM PROPERTY OWNERS, CONDUCT CONTRACTUAL

ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS

WITHIN THE TERRITORY OF THE CITY.

WHEREAS, the California Municipal Finance Authority (“Authority”) is a joint

exercise of powers authority, the members of which include numerous cities and

counties in the State of California, including the City of Bakersfield (“City); and

WHEREAS, Authority has established its CMFA PACE Program (the

“Program”) to allow the financing or refinancing of renewable energy, energy

efficiency, water efficiency and seismic strengthening improvements, electric

vehicle charging infrastructure and such other improvements, infrastructure or

other work as may be authorized by law from time to time (collectively, the

“Improvements”) through the levy of contractual assessments pursuant to

Chapter 29 of Division 7 of the Streets & Highways Code (“Chapter 29”) within

counties and cities throughout the State of California that consent to the

inclusion of properties within their respective territories in the Program and the

issuance of bonds from time to time; and

WHEREAS, Chapter 29 provides that assessments may be levied under its

provisions only with the free and willing consent of the owner or owners of each

lot or parcel on which an assessment is levied at the time the assessment is

levied; and

WHEREAS, City desires to allow the owners of property (“Participating

Property Owners”) within its territory to participate in the Program and to allow

Authority to conduct assessment proceedings under Chapter 29 within its

territory and to issue bonds to finance or refinance Improvements; and

WHEREAS, the territory within which assessments may be levied for the

Program shall include all of the territory within City’s official boundaries; and

WHEREAS, Authority will conduct all assessment proceedings under

Chapter 29 for the Program and issue any bonds issued in connection with the

Program; and



WHEREAS, City will not be responsible for the conduct of any assessment

proceedings; the levy of assessments; any required remedial action in the case

of delinquencies in such assessment payments; or the issuance, sale,

administration repayment or guarantee of any bonds issued in connection with

the Program;



Section 1. This City Council hereby finds and declares that the foregoing

recitals are true and correct.

Section 2. This City Council hereby finds and declares that properties in

City’s territory will benefit from the availability of the Program within City’s

territory and, pursuant thereto, the conduct of special assessment proceedings

by the Authority pursuant to Chapter 29 and the issuance of bonds to finance or

refinance Improvements.

Section 3. In connection with the Program, City hereby consents to the

conduct of special assessment proceedings by the Authority pursuant to

Chapter 29 on any property within the territory of City and the issuance of bonds

to finance or refinance Improvements; provided, that

(1) The Participating Property Owners, who shall be the legal owners of

such property, execute a contract pursuant to Chapter 29 and comply

with other applicable provisions of California law in order to accomplish

the valid levy of assessments; and

(2) City will not be responsible for the conduct of any assessment

proceedings; the levy of assessments; any required remedial action in the

case of delinquencies in such assessment payments; or the issuance, sale,

administration, repayment or guarantee of any bonds issued in

connection with the Program.

Section 4. City’s appropriate officials and staff are hereby authorized

and directed to execute and deliver such certificates, requisitions, agreements

and related documents as are reasonably required by the Authority to

implement the Program.

Section 5. The City Council hereby finds that adoption of this Resolution

is not a “project” under the California Environmental Quality Act, because the

Resolution does not involve any commitment to a specific project which may

result in a potentially significant physical impact on the environment, as

contemplated by Title 14, California Code of Regulations, Section 15378(b)(4)).



Section 6. The City Clerk is hereby authorized and directed to transmit a

certified copy of this resolution to the Authority at: California Municipal Finance

Authority, 2111 Palomar Airport Road, Suite 320, Carlsbad, California 92011, Attn:

Anthony Stubbs.

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








________________________________




APPROVED _________________

By _________________________

HARVEY L. HALL

Mayor


VIRGINIA GENNARO

City Attorney

By _________________________

ANDREW HEGLUND


__________________________________ Indemnification Agreement (PACE) S:\Commdevdpt\Agrs\15-16\CMFA Indemnity Agr (PACE).Docx


AGREEMENT NO. ________________________

INDEMNIFICATION AGREEMENT

This INDEMNIFICATION AGREEMENT ("Agreement"), made and entered into

as of _________________, 2015, by and among the CALIFORNIA MUNICIPAL

FINANCE AUTHORITY, a joint powers agency organized and existing under the

laws of the State of California (“AUTHORITY”), Energy Efficiency Equity, LLC (“E3”)

(The “Administrator”) and the CITY OF BAKERSFIELD, a municipal corporation

organized and existing under the laws of the State of California (“CITY”);

R E C I T A L S

WHEREAS, AUTHORITY is a joint powers agency organized and existing

pursuant to the Joint Powers Act, comprising Articles 1, 2, 3 and 4 of Chapter 5

of Division 7 of Title 1 (commencing with Section 6500) of the Government Code

of the State of California; and

WHEREAS, AUTHORITY has adopted the CMFA PACE Program (the

“Program”), for the financing of certain renewable energy and energy and

water efficiency and other improvements ("Improvements) authorized by

Chapter 29 of the Streets & Highways Code ("Chapter 29") within CITY’s

jurisdiction; and

WHEREAS, CITY has authorized AUTHORITY to form an assessment district

(the “District”) for Program financing of Improvements on certain properties

owned by property owners who voluntarily agree to participate in the Program

(“Program Participant”); and

WHEREAS, AUTHORITY intends to issue bonds, notes or other forms of

indebtedness (the “Bonds”) to finance Improvements within the District.

NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and

AUTHORITY agree as follows:

1. INDEMNIFICATION. AUTHORITY and ADMINISTRATOR jointly and

severally agree to defend, indemnify, and hold harmless CITY, its 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 AUTHORITY, AUTHORITY’s 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 CITY’s sole active

negligence or willful misconduct. This Section shall survive termination of this

Agreement.

2. CITY HAS NO LIABILITY. CITY shall not have any liabilities or

obligations or incur any costs or expenses for the Program, including, but not

limited to, the repayment of any bonds issued for the Program. CITY will not

have any responsibilities or obligations with respect to the Program, including,

but not limited to, the conduct of any assessment proceedings, the levy of

assessments, any required remedial action in the case of delinquencies, the

issuance, sale or administration of the bonds, or other indebtedness issued in

connection with the Program.

3. INTEGRATION. This Agreement contains the entire agreement of

CITY, ADMINISTRATOR, and AUTHORITY with respect to the matters covered

hereby, and no agreement, statement or promise made by CITY,

ADMINISTRATOR, and AUTHORITY which is not contained herein, shall be valid or

binding. No prior agreement, understanding or representation pertaining to any

such matter shall be effective for any purpose.

4. EFFECTIVE DATE. This Agreement shall be effective on the date on

which this Agreement is executed by the CITY (“Effective Date”).



IN WITNESS WHEREOF, the parties hereto have executed this

Indemnification Agreement by their officers duly authorized as of the day and

year first written above.

CITY OF BAKERSFIELD, a ENERGY EFFICIENCY EQUITY, LLC

municipal corporation

By: _______________________________ By:_________________________________

HARVEY L. HALL [Title]

Mayor

APPROVED AS TO CONTENT: COMMUNITY DEVELOPMENT SERVICES

By: _______________________________

DOUGLAS McISAAC

Community Development

Director

CALIFORNIA MUNICIPAL FINANCE

AUTHORITY

APPROVED AS TO FORM: VIRGINIA GENNARO

City Attorney By: ______________________________

Authorized Signatory

By: _______________________________

ANDREW HEGLUND


COUNTERSIGNED:

By: __________________________________

NELSON SMITH

Finance Director


MEETING DATE: 9/2/2015 Consent - Resolutions e.


FROM: Christi Tenter, Human Resources Manager

DATE: 8/11/2015

WARD:

SUBJECT: Revised and New Job Specifications - Change to Salary Schedule and Reclassification:

Amendment No. 4 to Resolution No. 079-13 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Police Computer Forensic Examiner.

1.

Revised Job Specification: Traffic Signal Technician (#15310)2.New Job Specification: Police Computer Forensic Examiner (#21400)

3.

Reclassification: Police Service Technician to Police Computer Forensic Examiner

4.

STAFF RECOMMENDATION: Staff recommends adoption of the resolution, approval of the revised and new job specifications and reclassification.

BACKGROUND: Revised Job Specification: Traffic Signal Technician (#15310) As part of the recruitment process, the job specification for Traffic Signal Technician was reviewed and updated. Language was changed and/or added to reflect the actual job duties and current industry terminology in the class summary, essential job duties, minimum qualifications, licenses, certificates and special requirements, knowledge and abilities and physical or special working conditions. Human Resources staff worked closely with the General Services Superintendent to update the job specification. The job specification has not been updated since 2008. SEIU has reviewed and approved the revisions. There is no budgetary impact as the salary will remain the same. The revised job specification was presented and approved by the Miscellaneous Civil Service Board at their August 18, 2015 meeting. New Job Specification: Police Computer Forensic Examiner #21400

The Computer Forensics Unit (CFU) in the Police Department is primarily responsible for the analysis of digital evidence seized from crime scenes or suspect(s) ; as it relates to computers, cell phones, tablets, video surveillance and any other devices capable of holding electronic data. The CFU is required to respond to crime scenes to secure and seize evidence and testify in court as subject matter experts. In addition, they are responsible for understanding criminal offenses as it relates to computer crimes, as this Unit is responsible for identifying suspect(s), digitally tracking the use of electronic devices, determining locations and uncovering criminal activity. The CFU also receives service requests from every division within the Department, including confidential requests from the Administration Division. Currently, the Unit is comprised of one (1) detective and one (1) Police Service Technician. In 2014, the CFU received over 300 forensic requests; however they were only able to conduct 152 forensic analyses. This undesirable backlog of computers and devices waiting for examination often results in the failed arrest and conviction of suspect(s). In almost every arrest a suspect(s) is found to be in possession of a cellular phone or electronic device that could possibly provide information as it relates to the crime. Failure to seize and forensically analyze this type of evidence in a timely manner could potentially lead to the failure of securing evidence and negatively affect the identification, arrest, and/or conviction of suspect(s). The forensic analysis of this type of evidence is extensive and time consuming requiring specialized training in criminal forensics, as the examiner is required to translate evidentiary information to investigators, supervisors, attorneys and jury's. With the evolution and reliance on electronic devices and the growth of criminal activity in this area, there is a critical need for this position, as the case load is expected to grow substantially. The addition of a Police Computer Forensic Examiner will assist significantly in achieving the goal of reducing crimes in our community.The new job specification was presented and approved by the Police Civil Service Board at their August 5, 2015 meeting. Attached is the new job specification. Reclassification: Police Service Technician to Police Computer Forensic ExaminerThe Police Department has submitted a request to the Human Resources Division to reclassify one (1) Police Service Technician position to a newly created classification of Police Computer Forensic Examiner. The Police Service Technician position under general supervision is an unarmed, non-sworn employee who assists sworn personnel in follow-up investigations; enforces parking laws, ordinances, and regulations and issues citations; directs traffic at accidents, crime, and fire scenes and special events; and conducts certain types of criminal and traffic investigations. Upon research and review of an incumbent in the position of Police Service Technician, it has been determined that the employee has been performing the following duties: “Under general supervision, processes, examines and analyzes computer hardware, software, cellular phones, digital media, electronically stored data and other computer-related evidentiary materials pertaining to law enforcement investigations. Prepares and presents reports of findings, provides expert testimony, and performs other work as required.” These duties and assignments fall outside of the scope of the representative duties of the Police Service Technician classification. Therefore, based on the above, we recommend this employee be reclassified from Police Service Technician to Police Computer Forensic Examiner because of the complex assignments that are being performed on a regular basis which require extensive knowledge, training, ability and judgment which are the primary functions of the position. Salary Grade Comparison:1. Police Service Technician

$18.786 $19.726 $20.716 $21.755 $22.8422. Police Computer Forensic Examiner $25.944 $27.241 $28.603 $30.025 $31.532

ATTACHMENTS:

Description Type

Reso 079-13 Amend 4 - Police Computer Forensic Examiner

Resolution

Traffic Signal Technician - with markups Backup Material

Traffic Signal Technician - Clear Copy Proposed New Job Spec

Backup Material

Police Computer Forensic Examiner Job Specification Backup Material

RESOLUTION NO. _____

AMENDMENT NO. 4 TO RESOLUTION NO. 079-13

APPROVING MEMORANDUM OF UNDERSTANDING

FOR EMPLOYEES OF THE BLUE AND WHITE COLLAR

UNITS AND ADOPTING SALARY SCHEDULE AND

RELATED BENEFITS FOR POLICE COMPUTER

FORENSIC EXAMINER

WHEREAS, Resolution No. 079-13 sets salaries and related benefits for employees of the Blue and White Collar Units. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that effective immediately following Council action, the Salary Schedule, a part of the Resolution No. 079-13 is hereby amended as follows: 1. Resolution No. 079-13 is hereby amended by adding the following class title to the White Collar Unit: 21400 A POLICE COMPUTER FORENSIC EXAMINER 25.944 27.241 28.603 30.025 31.532

----------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, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER NOES: COUNCILMEMBER______________________________________________________________ ABSTAIN: COUNCILMEMBER______________________________________________________________ ABSENT: COUNCILMEMBER______________________________________________________________ _______________________________________ CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield APPROVED __________________________________________ HARVEY L. HALL

MAYOR of the City of Bakersfield APPROVED as to form: __________________________________________ VIRGINIA GENNARO

CITY ATTORNEY of the City of Bakersfield

CITY OF BAKERSFIELD CLASS SPECIFICATION: 15310

UNIT: BLUE COLLAR

EEO4: TECHNICIANS

CLASS TITLE: TRAFFIC SIGNAL TECHNICIAN

CLASS SUMMARY:

Under general supervision, this class performs skilled work at the journey-level, in the installation,

repair and maintenance of complex , computer-controlled traffic signal systems; Traffic control

operations; inspects traffic control intersections under construction or repair; or replaces

damaged traffic standards and hardware; evaluates traffic patterns; repairs traffic vehicle

detector loops; makes daily inspections of traffic control intersections; tests new controller

cabinets and all associated auxiliary equipment; tests pedestrian timing; replaces traffic lamps;

checks traffic heads for proper alignment; operates light and heavy equipment; operates

various aerial lift trucks and the hydro-crane; and performs other work as required.

REPRESENTATIVE DUTIES:

The following typical asks and responsibilities are representative of this classification. They are

descriptive, not limiting.

Essential Duties:

• Inspects traffic control intersections under construction or repair

• or Replaces damaged traffic standards and hardware

• Evaluates traffic patterns

• Inspects traffic vehicle detector loops

• Makes daily inspections of traffic control intersections

• Tests new cabinets and controllers and all associated auxiliary equipment

• Tests pedestrian timing

• Replaces traffic lamps

• Checks traffic heads for proper alignment

• Operates light and heavy equipment

• Replaces wiring and conduit as required

• Replaces outdated cabinets and controllers

• Operates hydro-crane to replace damaged traffic standards and hardware

• Use the oscilloscope and voltmeter to repair defective electronic components and

controllers

• Operates an aerial lift truck and/or a 50 ft. aerial lift truck to replace burnt-out lamps,

repair traffic heads and maintain surveillance camera systems

• Studies traffic patterns and Makes necessary timing adjustments to maximize traffic

movements

• Inspects and finalizes traffic signals under construction and interconnect projects

• and will Documents all visits to signalized intersections

• Operates various aerial lift trucks

• Performs other work as required

DISTINGUISHING CHARACTERISTICS:

This is an experienced journey-level class and is distinguished from Electrical Technician I/II in that

the Traffic Signal Technician performs specialized electrical work in installation, repair and

maintenance of complex, computer-controlled traffic signal systems.

CLASS TITLE: TRAFFIC SIGNAL TECHNICIAN 15310

MINIMUM QUALIFICATIONS:

Training and Experience:

• Graduation from high school diploma or G.E.D.; equivalent AND

• Five (5) years’ journey-level experience in the installation, repair and maintenance of

computerized traffic signal systems; OR

• Five (5) years’ experience as an Electrical Technician I/II; OR

• An equivalent combination of training, certification and experience which provides the

capabilities to perform the described duties.

Licenses, Certificates and Special Requirements:

• Possession of a valid Class “C” California driver’s license is required. A Class “B” California

driver's license without airbrake restriction must be obtained prior to the expiration of the

six month probationary period.

• Possession of an International Municipal Signal Association (IMSA) Level II certificate in

signal maintenance and operations is desirable.

• Must be able to pass color vision test.

Knowledge of:

• National Electrical Code and Electric Safety Orders of the Division of Industrial Safety

• operation and maintenance of state-of-the-art electronics and computer-controlled

traffic signal systems, including, but not limited to, the California 170 traffic controller

• Auto scope and Iteris video detection systems

• and 3M optic-con preemption systems

• Electronic test equipment and state-of-the-art traffic signal controller equipment

• Computer applications related to work

Ability to:

• Exercise independent judgment and initiative within established guidelines

• Guide and instruct others

• Lead the work of a crew

• Read and interpret construction plans for traffic signals and related construction

• Inspect construction projects and perform checks of signal operations

• Install and maintain complex electronic equipment

• Understand and use the Bi-Trans timing software

• Drive and operate equipment requiring a Class “B” license such as 50 ft. aerial lift truck

and hydro-crane

• and Establish and maintain effective working relationships

• Prepare reports and maintain records

• Operate a personal computer

Skill in:

• The use of personal computers, electronic test equipment and state-of-the-art traffic

signal controller equipment

Physical Conditions or Special Working Conditions:

• Must possess sufficient strength and stamina to lift and remove objects weighing up to 90

pounds, depending on the job assignment.


• Must be willing able to work indoors or outdoors in all weather conditions and to work in

confined areas and from heights and with exposure to unpleasant and potentially

hazardous conditions

• May be required Must be able to work nights, weekends and holidays as assigned

Approved by the Miscellaneous Civil Service Board: May 20, 2008

Approved by the City Council: May 21, 2008

Approved by the Miscellaneous Civil Service Board:

Approved by the City Council:


UNIT: BLUE COLLAR

EEO4: TECHNICIANS

CLASS TITLE: TRAFFIC SIGNAL TECHNICIAN

CLASS SUMMARY:

Under general supervision, this class performs skilled work at the journey-level, in the installation,

repair and maintenance of complex, computer-controlled traffic signal systems; and performs

other work as required.


The following typical asks and responsibilities are representative of this classification. They are

descriptive, not limiting.

Essential Duties:

• Inspects traffic control intersections under construction or repair

• Replaces damaged traffic standards and hardware

• Evaluates traffic patterns

• Inspects traffic vehicle detector loops

• Makes daily inspections of traffic control intersections

• Tests new cabinets and controllers and all associated auxiliary equipment

• Tests pedestrian timing

• Replaces traffic lamps

• Checks traffic heads for proper alignment

• Operates light and heavy equipment

• Replaces wiring and conduit

• Replaces cabinets and controllers

• Use the oscilloscope and voltmeter to repair defective electronic components and

controllers

• Operates aerial lift truck to replace lamps, repair traffic heads and maintain surveillance

camera systems

• Makes necessary timing adjustments to maximize traffic movements

• Inspects and finalizes traffic signals under construction and interconnect projects

• Documents all visits to signalized intersections

• Performs other work as required

DISTINGUISHING CHARACTERISTICS:

This is an experienced journey-level class and is distinguished from Electrical Technician I/II in that

the Traffic Signal Technician performs specialized electrical work in installation, repair and

maintenance of complex, computer-controlled traffic signal systems.



• Graduation from high school or G.E.D.; AND

• Five (5) years’ journey-level experience in the installation, repair and maintenance of

computerized traffic signal systems; OR

• Five (5) years’ experience as an Electrical Technician I/II; OR

• An equivalent combination of training, certification and experience which provides the

capabilities to perform the described duties.


Licenses, Certificates and Special Requirements:

• Possession of a valid Class “C” California driver’s license is required.

• Possession of an International Municipal Signal Association (IMSA) Level II certificate in

signal maintenance and operations is desirable.

• Must be able to pass color vision test.

Knowledge of:

• National Electrical Code and Electric Safety Orders of the Division of Industrial Safety

• operation and maintenance of state-of-the-art electronics and computer-controlled

traffic signal systems, including, but not limited to, the California 170 traffic controller

• Auto scope and Iteris video detection systems

• 3M optic-con preemption systems

• Electronic test equipment and state-of-the-art traffic signal controller equipment

• Computer applications related to work

Ability to:

• Exercise independent judgment and initiative within established guidelines

• Guide and instruct others

• Lead the work of a crew

• Read and interpret construction plans for traffic signals and related construction

• Inspect construction projects and perform checks of signal operations

• Install and maintain complex electronic equipment

• Understand and use the Bi-Trans timing software

• Establish and maintain effective working relationships

• Prepare reports and maintain records

• Operate a personal computer

Physical or Special Working Conditions:

• Must be able to work indoors or outdoors in all weather conditions and to work in

confined areas and from heights and with exposure to unpleasant and potentially

hazardous conditions

• Must be able to work nights, weekends and holidays as assigned.

Approved by the Miscellaneous Civil Service Board: May 20, 2008

Approved by the City Council: May 21, 2008

Approved by the Miscellaneous Civil Service Board:



UNIT: WHITE COLLAR UNIT

EEO4: PROFESSIONAL

CLASS TITLE: POLICE COMPUTER FORENSIC EXAMINER

CLASS SUMMARY:

Under general supervision, processes, examines and analyzes computer hardware,

software, cellular phones, digital media, electronically stored data and other

computer-related evidentiary materials pertaining to law enforcement investigations.

Prepares and presents reports of findings, provides expert testimony, and performs other

work as required.


The following typical tasks and responsibilities are representative of all positions in the

class. They are descriptive, not limiting.

Essential Duties:

• Conducts thorough examinations of computer hard disk drives, floppy disks, and

other electronic data storage media;

• Preserves and copies the original media;

• Prevents the transference of viruses, destructive programs, and inadvertent writes

to and from the original media;

• Restores recoverable deleted files;

• Accesses password-protected and secured files;

• Uses forensic software applications to analyze electronic media;

• Physically disassembles and examines computers and related hardware

components;

• Identifies evidence of computer crimes such as the theft and sabotage of data

and unlawful access of data and systems;

• Examines and analyzes text, graphics, multimedia, and digital images;

• Collects, labels, secures and transports evidence from crime scenes;

• Form and articulate expert opinions based on analysis, provide expert testimony

in depositions, trials and other proceedings;

• Works with others to prepare cases for trial;

• Assists in preparation of search and seizure warrants, court orders, and

subpoenas;

• Assists with training and instructing other employees;

• Performs other work as required.

CLASS TITLE: POLICE COMPUTER FORENSIC EXAMINER (continued) 21400



• An Associate of Arts/Science Degree from an accredited college in Computer

Science, Information Technology, Criminal Justice or a related field; AND

• Two (2) years of experience in computer forensics, computer systems analysis,

and/or the operation, maintenance and repair of computer systems; OR

• An equivalent combination of education, training, certification and experience

which provides the capabilities to perform the described duties

Knowledge of:

• Computer system hardware, software installation and troubleshooting;

• Principles and practices of electronic data storage, data encryption, and

computer system security;

• Methods and techniques used to access, recover, review, validate, and

preserve electronically stored data files;

• Principles and practices of computer programming;

• Organization and operation of law enforcement agencies.

Ability to:

• Examine and analyze computer hardware, software, and electronically stored

data pertaining to law enforcement investigations;

• Identify, analyze and document evidence of computer crimes;

• Collect, transport, process, and secure evidentiary materials;

• Restore deleted files and access secured data;

• Find and extract electronically stored information to be used as evidence;

• Prepare and present reports of findings;

• Train and instruct others in computer crimes analysis;

• Prepare and maintain accurate records and files;

• Testify in court;

• Effectively communicate verbally and in writing;

• Exercise sound judgment in safeguarding/disseminating confidential or sensitive

information;

• Work independently, manage workload and meet specific deadlines;

• Operate an office computer and a variety of word processing and software

applications related to work;

• Establish and maintain cooperative working relationships within the department,

other agencies and general public.

Skill in:

• The installation, operation, maintenance, and repair of computer systems and

associated hardware devices.

Licenses, Certificates or Special Requirements:

• Possession of a valid California Class “C” driver's license.

• Possession of Encase Computer Forensics I and II Certification is desirable.

• Must successfully pass a police background check.

Physical Conditions and Special Working Conditions:

• Must be able to work nights, weekends, holidays, call-outs, standbys and

outdoors in all weather conditions

Approved by the Police Civil Service Board: August 5, 2015



MEETING DATE: 9/2/2015 Consent - Resolutions f.


FROM: Douglas N. McIsaac, Community Development Director

DATE: 8/14/2015

WARD:

SUBJECT: Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer’s 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 August 10, 2015, 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. 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 COSTWard 1 1. 6580 Betty Street 516-031-44-00-4 $115.002. 314 Brink Drive 011-121-16-00-9 $325.003. 804 Casino Street 170-232-03-00-0 $300.004. 2611 Cottonwood Road 170-280-05-00-7 $748.005. 3217 Dore Drive 022-302-31-00-1 $1,100.006. 1405 Dorian Drive 022-131-13-00-3 $325.007. 305 Dr. Martin Luther King Jr. Blvd. 019-181-11-00-8 $798.008. 328 Dr. Martin Luther King Jr. Blvd. 018-420-03-00-0 $700.009. 521 Dr. Martin Luther King Jr. Blvd. 019-101-21-00-3 $700.0010. 1309 Hub Avenue 025-113-16-00-1 $325.0011. 111 S. Kincaid Street 168-171-06-00-8 $115.0012. 231 L Street 010-260-03-00-8 $115.0013. 104 Madison Street 169-050-07-00-6 $825.00

14. 806 Melwood Street 170-142-16-00-2 $325.0015. 3120 Parkland Court 022-320-12-00-8 $115.0016. 1100 E. Planz Road 170-180-01-00-6 $950.0017. 1416 Richland Street 011-102-14-00-4 $325.0018. 224 T Street 010-052-20-00-0 $325.0019. 118 Tyree Toliver Street 018-320-06-00-0 $325.0020. 1501 E. White Lane 172-070-20-00-3 $325.0021. 441 1st Street 010-032-01-00-9 $325.0022. 806 E. 11th Street 139-022-04-00-3 $795.00Ward 2 23. 2110 Bank Street 008-192-13-00-4 $115.0024. 507 Butte Street 016-430-04-00-2 $789.0025. 2601 California Avenue 007-021-13-00-0 $115.0026. 1800 Chester Avenue 006-021-08-00-9 $115.0027. 208 Cypress Street 008-075-23-00-9 $115.0028. 3604 K Street 120-110-15-00-1 $1,790.0029. 1106 Kentucky Street 015-390-15-00-6 $760.0030. 1330 Kentucky Street 015-410-06-00-5 $325.0031. 3212 Mulberry Drive 001-381-17-00-5 $325.0032. 509 Niles Street 014-080-02-00-1 $794.0033. 318 Oregon Street 012-170-08-00-1 $1,670.0034. 2316 P Street 005-191-05-00-3 $115.0035. 2200 Park Way 007-081-10-00-9 $115.0036. 729 Sumner Street 016-070-10-00-5 $325.00Ward 3 37. 3013 Cornell Street 021-352-23-00-6 $825.0038. 3412 Harvard Drive 383-212-18-00-0 $918.0039. 9611 Lake Powell Drive 494-570-15-00-1 $325.00Ward 4 40. 9903 Cheyenne Drive 526-204-01-00-2 $975.0041. 710 Emerald Park Court 522-311-21-00-3 $300.0042. 4804 Native Dancer Drive 526-244-08-00-5 $1,500.0043. 8521 Rollingbay Drive 451-462-10-00-5 $325.0044. 14200 San Jose Avenue 522-191-03-00-7 $850.0045. 702 Vermillion Drive 409-602-03-00-6 $325.00Ward 5 46. 9101 Hoxie Court 392-224-43-00-5 $325.0047. 10217 Pyramid Peak Drive 394-481-03-00-8 $300.0048. 3013 Victoria Way 381-135-08-00-5 $325.00Ward 6 49. 3301 Wible Road 403-012-04-00-6 $769.00Ward 7 50. 2516 Agate Street 023-282-04-00-5 $925.0051. 2628 Bernice Drive 372-062-10-00-3 $790.0052. 1421 Canyon Court 412-243-20-00-2 $115.0053. 3716 Harris Road 371-143-11-00-9 $300.0054. 1804 Hodges Avenue 023-143-19-00-5 $1,230.0055. 4304 Thatch Avenue 371-291-03-00-6 $115.0056. 5309 Tupper Court 412-213-18-00-8 $325.00 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

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 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" 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 August 10, 2015, 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 made a part hereof by this reference.

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

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

2

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" 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, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER

NOES: COUNCILMEMBER

ABSTAIN: COUNCILMEMBER

ABSENT: COUNCILMEMBER



Council of the City of Bakersfield APPROVED HARVEY L. HALL

MAYOR of the City of Bakersfield APPROVED as to form:

VIRGINIA GENNARO

City Attorney BY: RICHARD IGER

Associate City Attorney

EXHIBIT "A"

REPORT AND ASSESSMENT LIST

AND DECLARATION OF

WANDA NEAL IN SUPPORT THEREOF

In the matter of the properties listed in the attached Exhibit “A”:

I, Wanda Neal, 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” which is attached hereto and made a part hereof by this

reference in June and July 2015. 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”.

3. Records of the Bakersfield Building Department reflect that on

July 17, 2015 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 14th day of August 2015, at Bakersfield, California.

Wanda Neal

Code Enforcement Supervisor

08/10/2015 EXHIBIT “A”

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

DO WORK

ADMIN

COST

TOTAL

COST

1. 023-282-04-00-5 2516 Agate Street

15-3236

Donna Douglas

PO Box 41855


$275 $650 $925

2. 008-192-13-00-4 2110 Bank Street

15-3785

Harolyn Johnson

PO Box 9724


$0 $115 $115

3. 372-062-10-00-3 2628 Bernice Drive

15-1836

Mariella Pena

2628 Bernice Drive


$140 $650 $790

4. 516-031-44-00-4 6580 Betty Street

15-1954

Jesus Martinez

5108 Brockton Court


$0 $115 $115

5. 011-121-16-00-9 314 Brink Drive

15-3278

Jack Haddad &

Nuha Haddad

12057 Louise Avenue

Granada Hills, CA 91344

$0 $325 $325

6. 016-430-04-00-2 507 Butte Street

15-2079

Mabel Eliassen

249 Scenic

Piedmont, CA 94611

$139 $650 $789

7. 007-021-13-00-0 2601 California

Avenue

15-4156

Donald Hazelton &

Beatrice Hazelton

3800 Casey Court


$0 $115 $115

8. 412-243-20-00-2 1421 Canyon Court

15-2497

Christy Madden

1421 Canyon Court


$0 $115 $115

9. 170-232-03-00-0 804 Casino Street

14-3814

Rosa Gonzalez

804 Casino Street


$0 $300 $300

10. 006-021-08-00-9 1800 Chester Avenue

15-1607

Opus Dean LLC

8606 Exodus Lane


$0 $115 $115

11. 526-204-01-00-2 9903 Cheyenne Drive

15-2751

Rafael Figueroa &

Rachael Figueroa

9903 Cheyenne Drive


$325 $650 $975

12. 021-352-23-00-6 3013 Cornell Street

15-2682

Henry Madison Jr &

Linda Kay Madison

3013 Cornell Street


$175 $650 $825

13. 170-280-05-00-7 2611 Cottonwood

Road

15-2115

Alicia Vasquez Living Trust

416 ½ Jefferson Street


$98 $650 $748

14. 008-075-23-00-9 208 Cypress Street

15-2152

Cara Cumberland

208 Cypress Street


$0 $115 $115

15. 022-302-31-00-1 3217 Dore Drive

15-3375

Lee Huggins

5405 Warwick Place


$450 $650 $1,100

of 4


DO WORK

ADMIN

COST

TOTAL

COST

16. 022-131-13-00-3 1405 Dorian Drive

15-2629

Lachmann Singh Gill &

Jaswinder Karr

1405 Dorian Drive


$0 $325 $325

17. 019-181-11-00-8 305 Dr Martin Luther

King Jr Blvd

15-3032

Alexander Hawatmeh

PO Box 378

Lincoln City, OR 97367

$148 $650 $798

18. 018-420-03-00-0 328 Dr Martin Luther

King Jr Blvd

15-3030

Legin Inc

11701 Buffington Street


$50 $650 $700

19. 019-101-21-00-3 521 Dr Martin Luther

King Jr Blvd

15-3045

Michael Edwards

1009 R Street


$50 $650 $700

20. 522-311-21-00-3 710 Emerald Park

Court

14-998

Ismael Vargas &

Lourdes Vargas

710 Emerald Park Court


$0 $300 $300

21. 371-143-11-00-9 3716 Harris Road

13-9671

Maximiliano Saldana

3716 Harris Road


$0 $300 $300

22. 383-212-18-00-0 3412 Harvard Drive

15-2681

Michel Gallegos

1225 Vienna Drive Sp 54

Sunnyvale, CA 94089

$268 $650 $918

23. 023-143-19-00-5 1804 Hodges Avenue

15-2806

Wells Fargo

8950 Cypress Waters Blvd

Coppell, TX 75019

$580 $650 $1,230

24. 392-224-43-00-5 9101 Hoxie Court

15-1154

Joseph Cabral &

Lillian Cabral

9101 Hoxie Court


$0 $325 $325

25. 025-113-16-00-1 1309 Hub Avenue

15-3690

William Reyna &

Barbara Reyna

10347 Babbitt Avenue

Granada Hills, CA 91344

$0 $325 $325

26. 120-110-15-00-1 3604 K Street

15-2816

Roy Wooster

807 Iris Street


$1,140 $650 $1,790

27. 015-390-15-00-6 1106 Kentucky Street

15-3298

Lawrence Martin &

Veronica Martin

920 Wilcox Ave Apt 105

Los Angeles, CA 90038

$110 $650 $760

28. 015-410-06-00-5 1330 Kentucky Street

14-3848

Hidden Assistance Inc

23890 Copperhill Drive #176

Valencia, CA 91354

$0 $325 $325

29. 168-171-06-00-8 111 S Kincaid Street

15-856

Jose Estrada &

Aida Martinez

111 S Kincaid Street


$0 $115 $115

30. 010-260-03-00-8 231 L Street

15-1778

Brad Powell

8641 Acacia Drive

Cypress, CA 90630

$0 $115 $115

31. 494-570-15-00-1 9611 Lake Powell

Drive

15-1635

Gary Sandhu &

Arlena Menda

1004 S Summer Breeze Lane

Anaheim Hills, CA 92808

$0 $325 $325

of 4


DO WORK

ADMIN

COST

TOTAL

COST

32. 169-050-07-00-6 104 Madison Street

15-2059

Raul Gonzales

2909 Linden Avenue


$175 $650 $825

33. 170-142-16-00-2 806 Melwood Street

14-5495

Jose Morales &

Marina Morales

806 Melwood Street


$0 $325 $325

34. 001-381-17-00-5 3212 Mulberry Drive

15-2784

George Mueller

3212 Mulberry Drive


$0 $325 $325

35. 526-244-08-00-5 4804 Native Dancer

Drive

15-1774

Sun Hoi Yang

4804 Native Dancer Drive


$850 $650 $1,500

36. 014-080-02-00-1 509 Niles Street

15-1699

Hilda Roberts

12 Baker Lane

Goleta, CA 93117

$144 $650 $794

37. 012-170-08-00-1 318 Oregon Street

15-1480

Arlee Hall & Jennifer Hall

3105 Hidden Oaks Drive


$1,020 $650 $1,670

38. 005-191-05-00-3 2316 P Street

15-2436

Olivia Behill

210 Wood Street


$0 $115 $115

39. 007-081-10-00-9 2200 Park Way

15-2186

Brad Bello

636 Parkrose Avenue

Monrovia, CA 91016

$0 $115 $115

40. 022-320-12-00-8 3120 Parkland Court

15-313

GMB Rental Properties Inc

644 Belle Terrace Suite 9


$0 $115 $115

41. 170-180-01-00-6 1100 E Planz Road

15-1444

Crespin Garcia &

Virginia Garcia

1127 3rd Street


$300 $650 $950

42. 394-481-03-00-8 10217 Pyramid Peak

Drive

14-110

David Ludford &

Shirley Ludford

10217 Pyramid Peak Drive


$0 $300 $300

43. 011-102-14-00-4 1416 Richland Street

15-3718

Harolyn Johnson

PO Box 9724


$0 $325 $325

44. 451-462-10-00-5 8521 Rollingbay Drive

14-8716

Nader Dev Inc

173 W Cherry Avenue

Porterville, CA 93257

$0 $325 $325

45. 522-191-03-00-7 14200 San Jose

Avenue

15-2802

Eduardo Canul &

Diana Canul

14200 San Jose Avenue


$200 $650 $850

46. 016-070-10-00-5 729 Sumner Street

15-2078

Telemarketing Comm Inc

1528 Chapala Street

Santa Barbara, CA 93101

$0 $325 $325

47. 010-052-20-00-0 224 T Street

14-8650

Letitia Mc Clendon

102 Watts Street

N Tazewell, VA 24630

$0 $325 $325

48. 371-291-03-00-6 4304 Thatch Avenue

15-2630

Jesus Cazares &

Antonia Serrano

4304 Thatch Avenue


$0 $115 $115

of 4


DO WORK

ADMIN

COST

TOTAL

COST

49. 412-213-18-00-8 5309 Tupper Court

15-3133

Robby Ellis

1708 Esplanade Apt 3

Redondo Beach, CA 90277

$0 $325 $325

50. 018-320-06-00-0 118 Tyree Toliver

Street

15-2623

Barnett Benford &

Lena Benford

18026 N Midvale Av Apt 320

Shoreline, WA 98133

$0 $325 $325

51. 409-602-03-00-6 702 Vermillion Drive

15-1841

Richmond Tanada &

Janis Ordangez

2922 10th Avenue

Arcadia, CA 91006

$0 $325 $325

52. 381-135-08-00-5 3013 Victoria Way

15-3714

Leonid Koff

3013 Victoria Way


$0 $325 $325

53. 172-070-20-00-3 1501 E White Lane

15-2955

Uphill Invs LLC

PO Box 70427


$0 $325 $325

54. 403-012-04-00-6 3301 Wible Road

15-2773

Bathinda Enterprises Inc

1800 Brundage Lane Ste D


$119 $650 $769

55. 010-032-01-00-9 441 1st Street

15-3847

Antoinique Tarver

441 1st Street


$0 $325 $325

56. 139-022-04-00-3 806 E 11th Street

15-2834

Francisco De Luna &

Maria De Luna

4600 Mesa Drive


$145 $650 $795


MEETING DATE: 9/2/2015 CONSENT - Resolutions g.



DATE: 8/13/2015

WARD:

SUBJECT: Resolution Adopting Sewer Connection Fees Pursuant to Section 14.12.380 of the Municipal Code.

STAFF RECOMMENDATION: Staff recommends adoption of the Resolution.

BACKGROUND: The Bakersfield Municipal Code (BMC) authorizes sewer service and connection fees to be established each year by resolution. The Council established the annual user fees and charges for the 2015-16 fiscal year on June 3, 2015 by way of Resolution No. 70-15. The current Sewer Connection fee of $4,000 per single family dwelling unit has been in effect since July 1, 2010 and was established at this level by Council Resolution No. 159-06 (June 2006). The connection fees have remained at the current level for several years, most recently confirmed by Council Resolution 081-14 (June 2014). The Sewer Connection fees are a one-time fee collected at the same time building permit fees are paid. Sewer connection fees are an integral part of the Wastewater Revenue flow of funds and a major component of enterprise revenues pledged for debt service payments. Given the recent refinancing of the 2007 Wastewater Revenue Bonds staff is requesting to confirm the existing connection fee structure as a necessary component of the Wastewater Revenue program. Staff is recommending the sewer connection fees remain at its current levels; thus no increases are being proposed at this time. The sewer connection fees collected each year are used to help pay the annual debt service of the wastewater enterprise. The 2015-2016 proposed budget estimates $5 million of connection fees will be collected and applied toward the estimated $15 million of wastewater enterprise debt service. The balance of the debt service will be paid with other revenues of the wastewater enterprise, including residential and commercial user fees.

ATTACHMENTS:

Description Type

connection fee resolution Resolution


RESOLUTION NO. ________

A RESOLUTION ADOPTING SEWER CONNECTION FEES

PURSUANT TO SECTION 14.12.380 OF THE

BAKERSFIELD MUNICIPAL CODE.

WHEREAS, Section 14.12.380 of the Bakersfield Municipal Code (BMC)

authorizes the establishment each fiscal year of sewer service and connection

fees sufficient for the City to recover the reasonable costs of providing sewer

connection services, which include the costs associated with and necessitated

by the upgrading and expansion of sewer facilities; and

WHEREAS, in 2007 the City upgraded and expanded Sewer Treatment

Plant #3 from 16 MGD capacity (mgd – million gallons daily) to 32 MGD

capacity, including some upgrades to existing capacity processing and

procedures; and

WHEREAS, the City financed the 2007 upgrade and expansion project

improvements, in whole or in part, with Sewer Revenue Bonds in the principal

amount of $234,425,000; and

WHEREAS, the City Council adopted Resolution No. 70-15 on June 3, 2015

establishing various sewer user fees and charges for the 2015-16 fiscal year; and

WHEREAS, in July 2015 the City refinanced a large portion of the existing

Sewer Revenue Bond debt to take advantage of lower market rates and

reduce annual debt service costs of the enterprise; and

WHEREAS, the City debt repayment of the Sewer Revenue Bonds is

dependent upon Sewer Connection Fee revenues as one of the major

enterprise revenue sources pledged for debt repayments scheduled until the

year 2034; and

WHEREAS, the sewer connection fees set forth in Exhibit “A” attached

hereto and incorporated by reference as though fully set forth herein, do not exceed the reasonable estimated cost of providing the services for which the

fees are charged; and

WHEREAS, the fees shall be due and payable upon application for a

building permit or permit to connect an existing building to the City sewer

system.


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

as follows:

1. The above recitals and findings are true and correct;

2. The Sewer Connection Fees under Section 14.12.380 of the Bakersfield

Municipal Code are hereby adopted and shall become effective on

the dates and in the amounts set forth in Exhibit “A”, attached hereto.

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: COUNCIL MEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER

NOES: COUNCIL MEMBER ______________________________________________________________ ABSTAIN: COUNCIL MEMBER ______________________________________________________________

ABSENT: COUNCIL MEMBER_______________________________________________________________

_________________________________




APPROVED ___________________

By___________________________

HARVEY L. HALL, MAYOR

CITY OF BAKERSFIELD


VIRGINIA GENNARO

CITY ATTORNEY

By___________________________

JOSHUA H. RUDNICK

Deputy City Attorney II


EXHIBIT “A”

I. CONNECTION CHARGES

All new connections or new fixture units connected to the City sewer

system will require payment of a sewer connection charge. Any

individual, firm, company or corporation making such connection shall

pay the charge at the time the building permit is issued in accordance

with the following:

Effective Date

Single

Family

Dwellings

Multiple

Family

Dwellings

Dwellings with

14 or Less

Fixture Units (A)

Per Fixture Unit

for Commercial

or Industrial (B)

July 1, 2014 $4,000 $2,880 $2,545 $182

July 1, 2015 $4,000 $2,880 $2,545 $182

(A) Single family dwellings or units in multiple family dwellings with 14 or

less fixture units (including shared fixtures in multiple unit complexes)

as per Uniform Building Code and with two (2) bedrooms or less.

(B) Equivalency factor shall be 1.0 for all uses excepting markets,

mortuaries, restaurants/coffee shops, food service shops and

bakeries which uses shall have an equivalency factor of 2.0.

To determine the total connection charge, multiply the number of

fixture units (as per Uniform Plumbing Code) by the per fixture

charge and that answer by the equivalency multiplier.

The equivalency multiplier adjusts for loadings greater or less than

the residential loadings.

II. TIMING AND BASIS

The sewer connection charge is to be paid prior to issuance of a

building permit, and will be based on the current adopted charges at

the time of issuance of the permit.

Fixture Units shall be as defined in the Uniform Plumbing Code.


MEETING DATE: 9/2/2015 Consent - Resolutions h.



DATE: 8/20/2015

WARD:

SUBJECT: Resolution vacating Resolution No. 108-12, which certified the Final Environmental Impact Report (SCH#2011021042) for the Kern River Flow and Municipal Water Program.

STAFF RECOMMENDATION: Staff recommends adoption of the resolution.

BACKGROUND: The Kern River Flow and Municipal Water Program (“Program”) is a multi-objective flow management and water supply program. The primary objective is to allow substantial quantities of water to flow in the Kern River channel to protect, increase, and enhance the City’s water supply. The source of the water for the Program would be water accruing to the City’s pre-1914 appropriative Kern River water rights, and additional unappropriated surplus Kern River water. Water flowing the in the Kern River would provide multiple benefits to the City and its residents, before the water is ultimately used to satisfy the City’s municipal water demand within its boundaries. On September 26, 2012, the City Council of the City of Bakersfield adopted Resolution 108-12, which certified the Final Environmental Impact Report SCH # 2011021042 (“Final EIR”), adopted a Statement of Facts and Findings, and adopted a Statement of Overriding Considerations for the Program. The adequacy of the Final EIR was challenged in a lawsuit entitled North Kern Water Storage, et al v. City of Bakersfield, Tulare County Superior Court Case No. VCU251748 [consolidated with Case Nos. VCU251598 and VCU251535]. On July 6, 2015, the Tulare County Superior Court issued a Judgment Granting Peremptory Writ of Mandate requiring the City to set aside its certification of the Final EIR (“Writ of Mandate”). In compliance with the Writ of Mandate, the City wishes to vacate Resolution No. 108-12.

ATTACHMENTS:

Description Type

Resolution Vacating Resolution No. 108-12 Resolution

_____________________________________ C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\6E55A2CC-C1D8-4F54-AE8A-6AC31662D57D\Pdfconvert.3546.1.Vac_Reso_108-

12_EIR_Kern_River_Flow.Docx


RESOLUTION NO. _________________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BAKERSFIELD VACATING RESOLUTION NO. 108-12,

WHICH CERTIFIED THE FINAL ENVIRONMENTAL IMPACT

REPORT (SCH NO. 2011021042) FOR THE KERN RIVER

FLOW AND MUNICIPAL WATER PROGRAM.

WHEREAS, the proposed Kern River Flow and Municipal Water Program

(“Program”) is a multi-objective flow management and water supply program.

The primary objective is to allow substantial quantities of water to flow in the

Kern River channel to protect, increase, and enhance the City’s water supply;

and

WHEREAS, on September 26, 2012, the City Council of the City of

Bakersfield (“City”) adopted Resolution No. 108-12, which certified the Final

Environmental Impact Report SCH # 2011021042 (“Final EIR”), adopted a

Statement of Facts and Findings, and adopted a Statement of Overriding

Considerations for the Program; and

WHEREAS, the adequacy of the Final EIR was challenged in a lawsuit

entitled North Kern Water Storage District, et al v. City of Bakersfield, Tulare

County Superior Court Case No. VCU251748 [consolidated with Case Nos.

VCU251598 and VCU251535]; and

WHEREAS, on July 6, 2015, the Tulare County Superior Court issued a

Judgment Granting Peremptory Writ of Mandate requiring the City to set aside

and vacate its certification of the Final EIR (“Writ of Mandate”); and

WHEREAS, in compliance with the Writ of Mandate, the City wishes to set

aside Resolution No. 108-12.




2. Resolution 108-12, which certified the Final EIR, adopted a

Statement of Facts and Findings, and adopted a Statement of Overriding

Considerations, is hereby vacated and declared void as required by the Writ of

Mandate.

--oo0oo--

_____________________________________ C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\6E55A2CC-C1D8-4F54-AE8A-6AC31662D57D\Pdfconvert.3546.1.Vac_Reso_108-

12_EIR_Kern_River_Flow.Docx


I HEREBY CERTIFY that the foregoing Resolution was passed and adopted,


______________________________ by the following vote:

AYES: COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER

NOES: COUNCILMEMBER _______________________________________________________________

ABSTAIN: COUNCILMEMBER _______________________________________________________________

ABSENT: COUNCILMEMBER ______________________________________________________________ _

________________________________




APPROVED: _________________

By __________________________

HARVEY L. HALL

Mayor


VIRGINIA GENNARO, CITY ATTORNEY

By _________________________

RICHARD IGER


RI:dll


MEETING DATE: 9/2/2015 Consent - Resolutions i.



DATE: 8/20/2015

WARD:

SUBJECT: Resolution vacating Resolution No. 029-14, which certified Final Environmental Impact Report (SCH#2008041070) and approved the 24th Street Improvement Project.

STAFF RECOMMENDATION: Staff recommends adoption of the resolution.

BACKGROUND: On February 12, 2014, the City Council approved the 24th Street Widening Project, selecting the widen-to-the-north alternative, and certified the Final Environmental Impact Report (“Final EIR”) for the project (Resolution No. 029-14). A community group, Citizens Against the 24th Street Widening Project, legally challenged the adequacy of the Final EIR and the validity of the project’s approval in Kern County Superior Court (Citizens Against the 24th Street Widening Project v. City of Bakersfield, et al, Case No. S-1500-CV-281556, KCT). After evaluating the parties’ briefs and legal argument, the court decided that the Final EIR failed to (1) adequately explain why eight alternatives initially considered for the project (i.e. depressed roadway, frontage road, widening both sides of 24th Street, etc.) were eliminated from further evaluation as project alternatives, and (2) include the cul-de-sacs that were added on the south side of 24th Street, after the Draft EIR was circulated, in the EIR’s project description. The court ordered that the City provide additional information and analysis in the EIR to cure the deficiencies identified and set aside and void its certification of the Final EIR and the Project Approval. The attached resolution vacates Resolution No. 029-14 as required by the court. Staff, with the assistance of the City’s retained consultant, will be working aggressively to cure the deficiencies outlined by the court and will bring the project back before the Council once the additional disclosure and analysis, in compliance with CEQA, is complete.

ATTACHMENTS:

Description Type

Resolution Vacating Resolution

- Page 1 of 2 Pages -


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BAKERSFIELD VACATING RESOLUTION NO. 029-14,

WHICH CERTIFIED FINAL ENVIRONMENTAL IMPACT

REPORT (SCH#2008041070) AND APPROVED THE 24TH

STREET IMPROVEMENT PROJECT.

WHEREAS, on February 12, 2014, the City Council of the City of Bakersfield

(“City”) adopted Resolution No. 029-14, which certified Final Environmental

Impact Report SCH#2008041070 (“Final EIR”), adopted, subject to mitigation

measures, a Statement of Facts and Findings, a Statement of Overriding

Considerations, and a mitigation monitoring program, and approved the 24th

Street Widening Project with the selection of Alternative 1 (widening to the

north) as the preferred project alternative (collectively, “Project Approval”); and

WHEREAS, the adequacy of the Final EIR and the validity of the Project

Approval were challenged in a lawsuit entitled Citizens Against the 24th Street

Widening Project v. City of Bakersfield, et al, Kern County Superior Court Case

No. S-1500-CV-281556, KCT; and

WHEREAS, the Kern County Superior Court will be issuing a Peremptory Writ

of Mandate requiring the City to set aside and void its certification of the Final

EIR and the Project Approval (‘Writ of Mandate”) and ordering that City provide

additional information and analysis in the environmental document that clearly

discloses the reasons for selecting potentially-feasible alternatives, adequately

analyzes and discusses whether or not each of the potentially-feasible

alternatives satisfies at least one of the four threshold criteria under CEQA

Guidelines Section 15126.6, and analyzes the additional cul-de-sacs requested

by the public as a part of the project, including a description of any new

impacts on visual and historic resources ; and

WHEREAS, in compliance with the Writ of Mandate, City wishes to vacate

and void Resolution No. 029-14.




2. Resolution No. 029-14, which certified the Final EIR and adopted the

Project Approval, is hereby vacated and declared void as required by the Writ

of Mandate.

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









________________________________




APPROVED _________________

By _________________________

HARVEY L. HALL

Mayor


VIRGINIA GENNARO

City Attorney

By _________________________

ANDREW HEGLUND


AH:dll S:\COUNCIL\Resos\15-16\Reso Vacating Reso 029-14.24th St.Docx


MEETING DATE: 9/2/2015 Consent - Resolutions j.


FROM: Nick Fidler, Public Works Director

DATE: 7/28/2015

WARD:

SUBJECT: Resolution determining that Autoscope Rack Vision Terra Video Detection Systems cannot be obtained through the usual bidding procedures because of the need to integrate said systems into existing traffic signal infrastructure and authorizing the Finance Director to dispense with bidding therefore, not to exceed $90,000 for FY 2015/16.

STAFF RECOMMENDATION: Staff recommends adoption of Resolution.

BACKGROUND: Econolite Autoscope Model 2020 Video Detection Systems are installed at 32 signal-controlled intersections within the City of Bakersfield. Each of these video detection systems are comprised of a processing unit, two to four vehicle detection cameras, power and video cabling. These video detection systems have been in use since 2002. Econolite Control Products, Inc. discontinued production of the Autoscope Model 2020 and no longer provides service or support for the 2020 unit. Econolite has replaced the Autoscope Model 2020 with the Autoscope Rack Vision Terra Video Detection System. It is more cost effective to upgrade the existing system than to replace the entire infrastructure for these 32 signal-controlled intersections. Staff proposes to replace the Autoscope 2020 processing systems over a multi-year period with the new Terra System. The Terra System is a Windows-based system and has four processing units which will allow faster response to traffic and a better fog recognition algorithm, thus facilitating better traffic flow through the City's traffic grid. The City currently has 42 signalized intersections with Terra Video Detection Systems. This purchase will enable the replacement of 6 video detection systems at various intersections within the City. Each of the systems that are being replaced consists of 4 color video detection cameras and 4 video detection modules. The existing power and video cabling as well as the camera mounts, and video isolation protection systems can all be reutilized with the new systems. This Resolution authorizes the Finance Director to dispense with bidding because of the need to integrate the purchase of six Autoscope Rack Vision Terra Video Detection Systems into the existing Autoscope system. Econolite Control Products, Inc is the sole distributor of the Autoscope Rack Vision Terra Video Detection Systems.

The FY 2015/16 Adopted CIP budget includes funds to replace six of the units. Capital Outlay funds provide the funding source for this purchase.

ATTACHMENTS:

Description Type

Resolution Resolution

Quote for Autoscope Rack Vision Detection System Backup Material

C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\00A5E8D5-5DB3-4616-9B3C-

14C2158CEE26\PDFConvert.3543.1.Resolution_-Purchase_of_Econolite_Autoscope_Traffic_Signal_Viedeo_Detection_Systems.doc



A RESOLUTION DETERMINING THAT AUTOSCOPE

RACK VISION TERRA VIDEO DETECTION SYSTEMS

CANNOT BE OBTAINED THROUGH THE USUAL

BIDDING PROCEDURES BECAUSE OF THE NEED TO

INTEGRATE SAID SYSTEMS INTO EXISTING TRAFFIC

SIGNAL INFRASTRUCTURE AND AUTHORIZING THE

FINANCE DIRECTOR TO DISPENSE WITH BIDDING

THEREFORE, NOT TO EXCEED $90,000 FOR FY

2015/16

WHEREAS, the City of Bakersfield has the Econolite Autoscope Model 2020

Video Detection System installed at 32 signal-controlled intersections; and

WHEREAS, a portion of this system (specifically, processing unit, cameras,

and associated auxiliary equipment) is obsolete and no longer supported or

serviced by Econolite Control Products, Inc. (manufacturer); and

WHEREAS, the manufacturer has replaced the obsolete video detection

equipment with the Autoscope Rack Vision Terra Video Detection System; and

WHEREAS, the Autoscope Rack Vision Terra Video Detection System is a

Windows-based system, with additional, upgraded processing units for faster

response to traffic and an upgraded fog recognition algorithm; and

WHEREAS, it is more cost effective to upgrade the processing unit,

cameras, and associated auxiliary equipment than to replace the entire

infrastructure for these 32 traffic signals; and

WHEREAS, equipment compatible with Autoscope Traffic Signal Video

Detection System is only available from Econolite Control Products, Inc.; and

WHEREAS, the City proposes to replace the obsolete video detection

equipment over several years, commencing in FY 2015/16; and

WHEREAS, the FY 2015/16 Adopted CIP budget includes $90,000 to

upgrade six of the units; and

WHEREAS, the Public Works Director recommends the Council find said

Autoscope Rack Vision Terra Video Detection System can only be reasonably

obtained from Econolite Control Products, Inc, and because of the need to

integrate the product into an existing system, recommends the Council dispense

with bidding, in accordance with subsection D.2 of Section 3.20.060 of the




Bakersfield Municipal Code.

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

as follows:

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

reference.

2. The City Council hereby finds that the purchase of the six

Autoscope Rack Vision Terra Video Detection Systems can only be

reasonably obtained from one vendor (Econolite Control Products,

Inc) because of the necessity to successfully integrate such

equipment into the existing Autoscope Model 2020 Video Detection

System.

3. The Finance Director is authorized to dispense with bidding and to

negotiate the purchase of same, not to exceed $90,000.






________________________, by the following vote:

AYES: COUNCIL MEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON



ABSENT: COUNCIL MEMBER_______________________________________________________________

_____________________________________



APPROVED _________________

By _________________________

HARVEY L. HALL

Mayor


VIRGINIA GENNARO

City Attorney

By _________________________

ANDREW HEGLUND



MEETING DATE: 9/2/2015 Consent - Resolutions k.



DATE: 8/13/2015

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 Director’s Report for each:

Area 4-138 (900 Dr. Martin Luther King, Jr. Boulevard)1.Area 5-79 (2200 Wible Road)2.

STAFF RECOMMENDATION: Staff recommends adoption of the Resolutions.

BACKGROUND: On August 12, 2015 the Council adopted Resolutions of Intention No. 1851 and 1852 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 with the Kern County Assessor-Recorder’s Office upon approval of this Resolution.

ATTACHMENTS:

Description Type

Resolution adding Area 4-138 to the Consolidated Maintenance District

Resolution

MD 4-138 Exhibit 1 Exhibit

MD 4-138 Exhibit A Exhibit

MD 4-138 Exhibit B Exhibit

MD 4-138 Exhibit C Exhibit

MD 4-138 Exhibit D Exhibit

MD 4-138 Exhibit E Exhibit

MD 4-138 Exhibit F Exhibit

Resolution adding Area 5-79 to the Consolidated Maintenance District

Resolution








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RESOLUTION NO. _____________

A RESOLUTION ADDING TERRITORY, AREA 4-138 (900 DR.

MARTIN LUTHER KING JR. BOULEVARD) TO THE

CONSOLIDATED MAINTENANCE DISTRICT; 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 1)

WHEREAS, the Public Works Director has filed with the City Clerk the Public

Works Director’s 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 Director’s 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 4-138, 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. 1851 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 4-138, as shown and designated on that certain map entitled “Map

and Assessment Diagram for Addition of Territory, Area 4-138 (900 Dr. Martin Luther King

Jr. Boulevard), to the Consolidated Maintenance District, Bakersfield, California,” for this


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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 4-138 to the CMD and confirms

and adopts the Public Works Director’s 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 2015-2016 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 , MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER

NOES: COUCILMEMBER

ABSTAIN: COUCILMEMBER

ABSENT: COUCILMEMBER

__________________________________________




APPROVED: ______________________________

___________________________________________

HARVEY L. HALL

MAYOR of the City of Bakersfield


VIRGINIA GENNARO

City Attorney

By: _______________________________________

ANDREW HEGLUND


Attachments:

Exhibit “1” Exhibit “D”

Exhibit “A” Exhibit “E”

Exhibit “B” Exhibit “F”

Exhibit “C”

PUBLIC WORKS DIRECTOR'S REPORT

ADDITION OF TERRITORY, AREA 4-138

Fiscal Year 2015-2016

Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is generally described as the NWC of E. 9th Street and Dr. Martin Luther King Jr. Boulevard 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\MD 4-138\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 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 Director of Public Works City of Bakersfield


Area 4-138

Containing: 0.33 Acres, more or less.

SPR 14-0474900 Dr. Martin Luther King Jr. Blvd Bakersfield California

LEGAL DESCRIPTION

An area located in Section 32, Township 29, Range 28 M.D.B. & M., more particularly described as follows:

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 Angeles–Riverside–Orange 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. EDU’s 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 EDU’s based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are:

Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre

Zone EDU’s 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

R-S-2.5A 0.4 R-S-5A 0.2

R-S-10A 0.1

EXHIBIT C

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

2015-2016BUDGET

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.

MAINTENANCE DISTRICT AREA 4-138

EXHIBIT D

Assessor's Tax No. Total amount tobe collected forFY (2015-2016)

018-061-14-005 $0.00

1 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.00

Total $0.00

Date:

City Clerk and Ex Officio Clerk of theCouncil of the City of Bakersfield

FISCAL YEAR 2015-2016


ASSESSMENT ROLL

EXHIBIT E

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RESOLUTION NO. _____________

A RESOLUTION ADDING TERRITORY, AREA 5-79 (2200 WIBLE

ROAD) TO THE CONSOLIDATED MAINTENANCE DISTRICT;

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 7)

WHEREAS, the Public Works Director has filed with the City Clerk the Public

Works Director’s 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 Director’s 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 5-79, 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. 1852 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 5-79, as shown and designated on that certain map entitled “Map

and Assessment Diagram for Addition of Territory, Area 5-79 (2200 Wible Road), 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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NOW THEREFORE, BE IT RESOLVED by the City Council of the City of

Bakersfield, State of California, as follows:


2. The Council hereby adds territory, Area 5-79 to the CMD and confirms

and adopts the Public Works Director’s 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 2015-2016 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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the Council of the City of Bakersfield at a regular meeting thereof held on

_________________________________, by the following vote:

AYES: COUCILMEMBER RIVERA , MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER

NOES: COUCILMEMBER

ABSTAIN: COUCILMEMBER

ABSENT: COUCILMEMBER

__________________________________________




APPROVED: ______________________________

___________________________________________

HARVEY L. HALL

MAYOR of the City of Bakersfield


VIRGINIA GENNARO

City Attorney

By: _______________________________________

ANDREW HEGLUND


Attachments:

Exhibit “1” Exhibit “D”

Exhibit “A” Exhibit “E”

Exhibit “B” Exhibit “F”

Exhibit “C”




Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is generally described as 2200 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.




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 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.



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 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: _______________



Area 5-79


Site Plan Review 14-04712200 Wible Road Bakersfield California

LEGAL DESCRIPTION


EXHIBIT A

EXHIBIT C


BENEFIT FORMULA
















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

R-S-2.5A 0.4 R-S-5A 0.2

R-S-10A 0.1


2015-2016BUDGET







EXHIBIT D


023-050-34 $0.00

1 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.00

Total $0.00

Date:




ASSESSMENT ROLL

EXHIBIT E


MEETING DATE: 9/2/2015 Consent - Resolutions l.



DATE: 8/14/2015

WARD: Ward 5

SUBJECT: Resolution of Intention No. 1853 to add Area 3-97 (northwest corner of Panama Lane and Old River Road) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director’s Report.

STAFF RECOMMENDATION: Staff recommends adopting the Resolution of Intention.

BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the parcel 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. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. 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-Recorder’s Office upon approval of this Resolution.

ATTACHMENTS:

Description Type

ROI #1853 adding Area 3-97 to the CMD Resolution

RESOLUTION OF INTENTION NO. 1853

A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 3-97 (NWC OF PANAMA LANE AND OLD RIVER 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 5)

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 3-97 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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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:


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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the Council of the City of Bakersfield at a regular meeting thereof held on _________________________________, by the following vote:

AYES: COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER __________________________________________ ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: _________________________________ ____________________________________________ HARVEY L. HALL 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”


Page 3 of 3




Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is generally described as the NWC of Panama Lane and Old River 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.




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 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.



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: _______________



Area 3-97


PM 12167NWC of Panama Ln & Old River Rd Bakersfield California

LEGAL DESCRIPTION


EXHIBIT A

EXHIBIT C


BENEFIT FORMULA
















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

R-S-2.5A 0.4 R-S-5A 0.2

R-S-10A 0.1


2015-2016BUDGET







EXHIBIT D


497-010-62-005 $0.00

1 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.00

Total $0.00

Date:




ASSESSMENT ROLL

EXHIBIT E


MEETING DATE: 9/2/2015 Consent - Resolutions m.



DATE: 8/11/2015

WARD: Ward 2

SUBJECT: Resolution of Intention No. 1846 to order the vacation of the alley east of V Street between 20th Street and 21st Street within Block 218 and 219 of Godey Tract.

STAFF RECOMMENDATION: Staff recommends adoption of Resolution of Intention.

BACKGROUND: Rick C. and Nicole L. Douglass are the owners of Douglass Truck Bodies and own the majority of the properties adjacent to the alley east of V Street to Union Avenue between 20th Street and 21st Street. The company parks vehicles and equipment and moves equipment across the alley on a daily basis. For the safety of employees, pedestrians, and equipment, the applicants are requesting the alley be vacated. The City Fire, Police, Public Works, and Community Development Departments have been notified of the request and no objections have been received as of the date of this report. Public Works notes that there are City sewer facilities in the vacating area; therefore, a Public Utility Easement will be reserved over the vacated area. The utility companies serving the area have been notified by mail. Utilities are located in the alley to be vacated; therefore, a Public Utility Easement will be reserved over the vacated area. Preliminary notices were also mailed to all adjacent property owners within a 300-foot radius of the proposed vacating area. Public Works has received no objections from these owners as of the date of this report. The proposed vacation was approved by the Planning Department on June 17, 2015, per local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment.

This Resolution of Intention sets the Public Hearing date for the regular Council meeting of September 16, 2015.

ATTACHMENTS:

Description Type

Resolution of Intention 1846 Resolution

Exhibit A Exhibit

C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\25CFCFDF-F35D-40DD-94C3-

6A4A40F9D530\PDFCONVERT.3566.1.ROI_-_CONSENT_CALENDAR.DOC - 1 -

RESOLUTION OF INTENTION NO. __________

A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION

TO ORDER THE VACATION OF THE ALLEY BETWEEN V STREET AND

UNION AVENUE, BETWEEN 20TH STREET AND 21ST STREET WITHIN

BLOCK 218 AND 219 OF GODEY TRACT (WARD 2)

WHEREAS, the City has received a request from Rick C. and Nicole L. Douglass,

owners of Douglass Truck Bodies, to vacate the alley east of V Street, to Union Avenue,

between 20th Street and 21st Street within Block 218 and 219 of Godey Tract (Ward 2);

and

WHEREAS, for the above-described project, it was determined that the proposed

vacation is exempt from CEQA, pursuant to Section 15061 (b) (3) of CEQA Guidelines

(General Rule) in that there is no possibility that the proposed action could have a

significant effect on the environment; and

WHEREAS, in accordance with Bakersfield Municipal Code Section 2.28.120, the

proposed vacation was found to be consistent with the Metropolitan Bakersfield

General Plan pursuant to Government Code 65402 on June 17, 2015, by the Planning

Director.

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

follows:

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

2. This Resolution is adopted pursuant to Section 8300, et seq. of the Streets and

Highways Code of the State of California.

3. The Council intends to order the vacation of the alley east of V Street to Union

Avenue between 20th Street and 21st Street within Block 218 and 219 of Godey

Tract, all in the City of Bakersfield, County of Kern, State of California, more

particularly described in Exhibit “A” attached hereto and made part hereof.

4. The City is to reserve a Public Utility Easement (PUE) over the vacated area of the

alley located east of V Street to Union Avenue between 20th Street and 21st

Street within Block 218 and 219 of Godey Tract.

5. 5:15 PM, or as soon thereafter as the matter may be heard, on Wednesday,

September 16, 2015, in the Council Chambers, City Hall, 1501 Truxtun Avenue,

Bakersfield, California, is hereby fixed as the time and place when all persons

interested in or objecting to the proposed vacation may appear before the City

Council and be heard.

6. The City Clerk shall cause notice of the date, hour, and place of said hearing on

this Resolution to be published for two successive weeks prior thereto in The

Bakersfield Californian and the Superintendent of Streets of the City of



Bakersfield, California, shall cause “Notice of Vacation” to be posted as required

by Section 8323 of the Streets and Highways Code of the State of California.

7. The City Clerk shall certify to the passage of this resolution and shall cause the

same to be posted on the bulletin board at City Hall, 1600 Truxtun Avenue, in the

City of Bakersfield, within fifteen (15) days after its passage.

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



I HEREBY CERTIFY that the foregoing Resolution/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, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER NOES: COUNCILMEMBER: _______________________________________________________________ ABSTAIN: COUNCILMEMBER: _______________________________________________________________ ABSENT: COUNCILMEMBER: _______________________________________________________________ _

________________________________




APPROVED: _________________

By __________________________

HARVEY L. HALL

Mayor


VIRGINIA GENNARO, CITY ATTORNEY

By _________________________

ANDREW HEGLUND


Attachments: Exhibit “A”


MEETING DATE: 9/2/2015 Consent - Agreements n.



DATE: 7/23/2015

WARD: Ward 4

SUBJECT: Final Map and Improvement Agreement with Symbolic Investment & Operating Company, LLC for Tract 6364 Phase 6, located west of Allen Road and North of Reina Road.

STAFF RECOMMENDATION: Staff recommends approval of map and agreement.

BACKGROUND: Per Bakersfield Municipal Code Chapter 16, “Subdivisions”, Tentative Tract Map 6364 Phase 6 was conditioned by the Planning Commission to require the construction of certain improvements within and adjacent to the tentative tract map. These improvements are necessary for the general use of the owners of those lots created by the final maps. This Agreement is entered into to secure these improvements, which include but are not limited to, streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. The term of this Agreement is one year from the date of the Agreement. Certificates of Occupancy or final inspections will not be allowed for any building within the bounds of this final map until these required improvements are completed and accepted by the City of Bakersfield and a Notice of Completion of the improvements is recorded. The Public Works Department has completed the review of the final map submitted by the Developer and is recommending that the Council approve the map. In addition, the Improvement Agreement outlining the Developer’s responsibilities for onsite infrastructure improvements, which typically accompanies approval of the final map, is also included and recommended for approval.

ATTACHMENTS:

Description Type

Tract 6364 Phase 6 Map Backup Material

Tract 6364 Phase 6 Improvement Agreement Agreement

Exhibit A - Tract 6364 Phase 6 Exhibit

Exhibit B - Tract 6364 Phase 6 Exhibit

Exhibit C - Tract 6364 Phase 6 Exhibit

Exhibit D - Tract 6364 Phase 6 Exhibit

Exhibit E - Tract 6364 Phase 6 Exhibit


MEETING DATE: 9/2/2015 Consent - Agreements o.


FROM: Dianne Hoover, Director of Recreation and Parks

DATE: 8/14/2015

WARD: Ward 4

SUBJECT: Agreement with ABS Surplus-O LLC, and indemnification of Albertsons, to allow the City to utilize a vacant lot at the southwest corner of Stockdale Highway and Buena Vista Road on October 1 and 4, 2015, to accommodate additional parking for two different special events at the Bright House Networks Amphitheatre.

STAFF RECOMMENDATION: Staff recommends approval of the agreement.

BACKGROUND: During the month of October, two events will take place at the Bright House Networks Amphitheatre which are anticipated to create a demand for parking that the exceeds the on site parking capacity at the Park at River Walk. The two events are Gary Allen on October 1st and Gospel Fest on October 4th. As done previously for large events held at the venue, the City is proposing to enter into an agreement with Albertsons to utilize the company's vacant property located at the southwest corner of Stockdale Highway and Buena Vista Road, which is within close proximity of the venue. The utilization of the property allows AEG to facilitate the parking needs of attendees for each of these events and there is no direct cost to the City for the use of the lot. In exchange for the use of the lot, the City has agreed to provide weed control and litter removal from September 3rd through November 20, 2015. Albertsons has requested an indemnity clause be included as a term of the agreement which requires the City to defend and hold harmless Albertsons from and against any and all loss, damage, liability or claims (including, without limitation, costs and expenses of litigation and reasonable attorney' fees) arising from, or connected with the City's use of the lot on October 1st and 4th, 2015 and the City's maintenance of weed control and litter removal. Staff is recommending approval of the agreement.

ATTACHMENTS:

Description Type

Parking Agreement Agreement


MEETING DATE: 9/2/2015 Consent - Agreements p.



DATE: 8/12/2015

WARD: Ward 5

SUBJECT: Median Landscaping on Buena Vista Road between White Lane and Campus Park Drive:

Median Fee Reimbursement Agreement with Sierra Oaks Partners, LLC (“Developer”), (not to exceed $80,856) for median construction and median landscaping on Buena Vista Road between White Lane and Campus Park Drive.

1.

Appropriate $80,856 developer share project cost to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund to fund reimbursement to Developer.

2.

STAFF RECOMMENDATION: Staff recommends approval of agreement and appropriation.

BACKGROUND: Landscaped medians are required on arterial streets. Developers are responsible for the construction of the median along the frontage of their development. The first developer on one side of an arterial street has the option to a) construct the full-width median for the frontage of their development or b) pay the proportionate share of the cost to construct the median for the frontage of their development. The determination of the proportionate share cost shall be based upon an Engineer’s Estimate, to be reviewed and approved by the City Engineer. The second developer on the opposite side of the arterial street must construct the landscaped median and may be reimbursed from the median fees previously paid for that section, if any. The reimbursement to the developer is limited to the lower of: · Actual construction costs; or · Proportionate share of the median fees previously collected for that particular section of median.

As a condition of Parcel Map 12100, the Developer was required to construct portions of a new median and to landscape existing medians along the frontage of said parcel on Buena Vista Road between White Lane and Campus Park Drive. The Developer has expended $189,579.54 to construct the new medians and landscape existing medians. The Developer is entitled to receive partial reimbursement for a portion of this construction cost. Median fees paid by previous developers for this area is $80,856. Therefore, the Developer's reimbursement is limited to this amount. Staff recommends approval of the agreement and appropriation of the median fees collected.

ATTACHMENTS:

Description Type

Median Fee Reimbursement Agreement with Sierra Oaks Partners, LLC

Agreement

Median Fee Reimbursement Agreement - Exhibits A & B Exhibit

AGREEMENT NO. _______________

MEDIAN FEE REIMBURSEMENT AGREEMENT

This MEDIAN FEE REIMBURSEMENT AGREEMENT (“Agreement”) is made and entered into on __________________ by and between the CITY OF BAKERSFIELD, a municipal corporation (“City”), and SIERRA OAKS PARTNERS, LLC, a California limited liability company (“Developer”).

R E C I T A L S

WHEREAS, Developer is developing Tentative Parcel Map 12100 located on the west side of Buena Vista Road between White Lane and Campus Park Drive; WHEREAS, the conditions of Tentative Parcel Map 12100 require Developer to construct the median on Buena Vista Road along the frontage of Tentative Parcel Map 12100;

WHEREAS, Developer has constructed the median as required by Tentative Parcel Map 12100 and referenced on Exhibit “B”; WHEREAS, City has received median fees from other developers who were obligated to construct the median or pay in lieu fees; WHEREAS, Developer has expended $189,579.54 to construct the median, as shown on the cost account summary on Exhibit “A”, attached hereto and incorporated herein by this reference; and WHEREAS, Developer is entitled to receive reimbursement from the available median fees paid by previous developers for the construct of the median. NOW, THEREFORE, incorporating the foregoing recitals herein, City and Developer mutually agree as follows:

1. PAYMENT TO DEVELOPER. Upon completion and acceptance by City of the median improvements as required by Tentative Parcel Map 12100, City will pay Developer Eighty Thousand, Eight Hundred Fifty-Six Dollars ($80,856.00) as reimbursement for the construction costs from the median in-lieu fees paid by other developers obligated to construct the median. After the In-

G:\GROUPDAT\AGREEMENTS\Sierra Oaks Partners, LLC\Buena Vista Median reimbursement.docx

Page 1 of 4

Lieu Funds are paid, City will have no further obligation to reimburse or pay developer for the construction of the median.

2. ASSIGNMENT. Developer may not assign or transfer this Agreement or 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) without City’s written consent. If CITY elects to consent to an assignment, the assignment will be subject to any terms and conditions that City may choose to impose. Any purported assignment not consented to by City is prohibited and will be unenforceable and otherwise null and void without the need for further action by City.

3. MISCELLANEOUS. 3.1. BINDING EFFECT. The rights and obligations of this Agreement will

inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors, and assigns.

3.2. 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 will not apply to the interpretation of this Agreement.

3.3. GOVERNING LAW. The laws of the State of California will govern the

validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement must be brought in Kern County, California.

3.4. INDEMNITY. Developer must indemnify, defend, and hold harmless

City and City’s 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 Developer or Developer’s 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


Page 2 of 4

indemnified hereunder, except for City’s sole active negligence or willful misconduct.

3.5. MERGER AND MODIFICATION. This Agreement sets forth the entire

Agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in writing approved by the City Council and signed by all the parties.

3.6. NEGATION OF PARTNERSHIP. City will not become or be deemed a

partner or joint-venturer with Developer or associate in any such relationship with Developer by reason of the provisions of this Agreement. Developer will not for any purpose be considered an agent, officer, or employee of City.

3.7. TAX NUMBERS.

Developer’s Federal Tax Identification No. 46-3074438. Developer is a corporation? Yes ___ No X .

3.8. 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 Attn: Assistant Public Works Director 1501 Truxtun Avenue Bakersfield, California, 93301 DEVELOPER: Sierra Oaks Partners, LLC

1518 Mill Rock Way, Suite 101 Bakersfield, CA 93311

[SIGNATURES ON NEXT PAGE] G:\GROUPDAT\AGREEMENTS\Sierra Oaks Partners, LLC\Buena Vista Median reimbursement.docx

Page 3 of 4

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first written above.

“CITY” “DEVELOPER” CITY OF BAKERSFIELD By: HARVEY L. HALL Mayor APPROVED as to form: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney APPROVED as to content: PUBLIC WORKS DEPARTMENT By:___________________________

NICK FIDLER Public Works Director

COUNTERSIGNED: By:_____________________________

NELSON K. SMITH Finance Director

SIERRA OAKS PARTNERS, LLC By: __________________________ Title:

Attachments Exhibit “A” Exhibit “B”


Page 4 of 4


MEETING DATE: 9/2/2015 Consent - Agreements q.



DATE: 8/18/2015

WARD:

SUBJECT: Amendment No. 1 to Agreement No. 14-318 with General Tree Service Incorporated ($325,000; not to exceed $650,000 and extend the term to June 30, 2016) to continue the tree trimming service.

STAFF RECOMMENDATION: Staff recommends approval of amendment.

BACKGROUND: In November 2014, bids were solicited for the annual contract for tree trimming services resulting in three bids submitted. On December 10, 2014, Council approved the annual contract for tree trimming service to the low bidder, General Tree Service, Inc., in the amount of $325,000; with the option to renew annually thereafter for four consecutive one-year periods per the terms of the agreement. Currently there is $19,000 available on this agreement. Extending the term and adding $325,000 will allow the Parks Department to continue with the scheduled maintenance and removal of dead trees. Contract activity has increased with the need to remove dead trees due to the drought conditions. The contractor has performed all services on a satisfactory level. There is no increase in the unit price to extend this agreement. This amendment aligns the expiration date with the fiscal year end; changing the term date to June 30, 2016, will assist with managing the department budget for this service. However, due to extraordinary circumstances brought on by extended drought conditions, even with closely monitoring this contract, an additional financial adjustment may need to be made prior to June 30, 2016. If approved, Amendment No. 1 will add $325,000 for a revised not to exceed amount to $650,000 and extend the term to June 30, 2016. Funds are budgeted in the Parks Department FY 2015-16 operating budget within the General Fund for this contract. Approval of the amendment will allow the City to continue to meet the demand for tree trimming services.

ATTACHMENTS:

Description Type

Amendment 1 to AC 14-318 for Tree Trimming Service Agreement

AGREEMENT NO. 14-318 (1)

AMENDMENT NO. [1] TO AGREEMENT NO. 14-318

THIS AMENDMENT NO. 1 TO AGREEMENT NO. 14-318 is made and entered

into on _____________________, by and between the CITY OF BAKERSFIELD, a

municipal corporation (referred to herein as “CITY”), and General Tree Service, Incorporated (referred to herein as “CONTRACTOR”).

R E C I T A L S

WHEREAS, on the 16th of April 2014, the CITY and CONTRACTOR have

entered into Agreement No. 14-318; and

WHEREAS, the parties desire to amend Agreement No. 14-318 to extend

the agreement term which currently expires December 31, 2015 to expire June

30, 2016, and increase compensation THREE HUNDRED TWENTY-FIVE THOUSAND

DOLLARS ($325,000); to allow continuance of providing tree trimming service;

and

WHEREAS, CITY and CONTRACTOR have agreed to extend the agreement

until June 30, 2016, and increase compensation THREE HUNDRED TWENTY-FIVE

THOUSAND DOLLARS ($325,000)); to allow continuance of providing tree

trimming service; and


CONTRACTOR mutually agree as follows:

1. Section 2 of Agreement No. 14-318 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 SIX HUNDRED FIFTY THOUSAND DOLLARS ($650,000) 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. 14-318 entitled “TERM” is hereby

amended to read as follows:

12. TERM. Contractor shall provide services in strict accordance

with the terms set forth in this Agreement through June 30, 2016, unless sooner

terminated as set forth in this Agreement. The Agreement shall be renewable

annually thereafter for three (3) consecutive one-year periods. Renewal options

shall be exercised at the sole option and discretion of the City of Bakersfield.

3. Section 33 of Agreement No. 14-318 entitled “SB 854 COMPLIANCE”

is hereby added as follows;

33. SB 854 COMPLIANCE. To the extent Labor Code Section 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.

4. Except as amended herein, all provisions of Agreement No. 14-318

shall remain in full force and effect.

-- o0o –

IN WITNESS WHEREOF, the parties hereto have caused this Amendment

No. 1 to Agreement No. 14-318 to be executed the day and year first above

written.

“CITY” “CONTRACTOR” CITY OF BAKERSFIELD GENERAL TREE SERVICE, INC. By:____________________________ By:_________________________________

HARVEY L. HALL Mayor Print Name: ________________________

Title:_______________________________


FINANCE DEPARTMENT

By:____________________________

SANDRA JIMENEZ Assistant Finance Director


VIRGINIA GENNARO City Attorney

By:____________________________

JOSHUA H. RUDNICK Deputy City Attorney

COUNTERSIGNED:

By:____________________________

NELSON SMITH

Finance Director

Insurance Approved by

Risk Management: ________________


MEETING DATE: 9/2/2015 Consent - Agreements r.



DATE: 8/13/2015

WARD: Ward(s) 1, 2

SUBJECT: Contract Change Order No. 27 to Agreement No. 13-140 with Security Paving Company, Inc. (decrease of $121,355.84; revised not to exceed $14,228,302.03), for the SR-58 Gap Closure Project.

STAFF RECOMMENDATION: Staff recommends approval of contract change order.

BACKGROUND: This project consists of widening State Route 58 to three lanes in each direction from State Route 99 to 0.5 miles east of Cottonwood Road. Contract Change Order No. 27 provides for an adjustment of compensation to reflect the price decrease of the asphalt binder used in the Hot Mix Asphalt (HMA) during the course of the project. Using the formulas and tables outlined in the contract documents, this adjustment of compensation will result in a net credit of ($121,355.84). The sum of all change orders to date on this project reflects a total cost increase of $74,286.03 (which results in a 0.5% increase of the original contract amount) as illustrated below: Original Contract Amount = $14,154,016.00Amended Contract Agreement after Change Orders = $14,228,302.03Net Increase to date = $ 74,286.03 Sufficient funds are budgeted to cover the cost of this change order.

ATTACHMENTS:

Description Type

SR-58 GAP Closure CCO 27 Agreement


MEETING DATE: 9/2/2015 Consent - Property Acquisition Agreements - TRIP s.



DATE: 8/4/2015

WARD: Ward 2

SUBJECT: Agreement with Victor Cotera ($277,000) to purchase real property located at 4409 Kensington Avenue for the Centennial Corridor 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 construct the Centennial Corridor Project. The Centennial Corridor will connect the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway north of Truxtun Avenue. The property being purchased consists of a single family residence. The purchase price of $277,000 is the property’s fair market value as established by 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. 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. A Phase I Environmental Site Assessment report has been prepared encompassing all properties required for the Centennial Corridor 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. Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation Fund and is part of the $165 million authorized by CalTrans and appropriated by the City Council on March 5, 2014 for right of way acquisitions. Purchases under the early acquisition program

were approved by CalTrans at 100% federal funding with no local match requirement for this phase of the project. This concept is termed by CalTrans as “toll credits”. The term “toll credit” is a little confusing, because it does not refer to a toll that might be paid for crossing a bridge. It refers to an alternate definition of the word that means “to lead or attract to a desired point”. Offering of toll credits allows the City to accelerate the spending of Federal dollars sooner and gets the project further along with less need of local dollars. As a result, the future construction phase of the Centennial project will carry a higher local match percentage than it would have without the toll credits being approved. The end result is that we will still spend the same amount of Federal and local dollars to project completion as we would have without toll credits, but using toll credits allows us to spend the Federal money first and the local dollars later. The Centennial Corridor Project has 199 single family residential properties. This is the 121st of the 199 single family 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


MEETING DATE: 9/2/2015 Consent - Property Acquisition Agreements - TRIP t.



DATE: 8/11/2015

WARD: Ward 2

SUBJECT: Agreement with David and Loretta Bainton, Trustees of the Bainton Living Trust dated 1/5/1992 ($242,000) to purchase real property located at 804 Del Rey Court for the Centennial Corridor Project.


BACKGROUND: As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring properties to construct the Centennial Corridor Project. The Centennial Corridor will connect the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway north of Truxtun Avenue. The property being purchased consists of a single family residence. The purchase price of $242,000 is the property’s fair market value as established by an appraisal prepared by Affiliated Appraisers, 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. 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. A Phase I Environmental Site Assessment report has been prepared encompassing all properties required for the Centennial Corridor 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. Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation Fund and is part of the $165 million authorized by CalTrans and appropriated by the City Council on March 5, 2014 for right of way acquisitions. Purchases under the early acquisition program

were approved by CalTrans at 100% federal funding with no local match requirement for this phase of the project. This concept is termed by CalTrans as “toll credits”. The term “toll credit” is a little confusing, because it does not refer to a toll that might be paid for crossing a bridge. It refers to an alternate definition of the word that means “to lead or attract to a desired point”. Offering of toll credits allows the City to accelerate the spending of Federal dollars sooner and gets the project further along with less need of local dollars. As a result, the future construction phase of the Centennial project will carry a higher local match percentage than it would have without the toll credits being approved. The end result is that we will still spend the same amount of Federal and local dollars to project completion as we would have without toll credits, but using toll credits allows us to spend the Federal money first and the local dollars later. The Centennial Corridor Project has 199 single family residential properties. This is the 122nd of the 199 single family 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



MEETING DATE: 9/2/2015 Consent - Property Acquisition Agreements - TRIP u.



DATE: 8/18/2015

WARD: Ward 2

SUBJECT: Agreement with Arnulfo Covarrubias ($243,000) to purchase real property located at 608 Montclair Street for the Centennial Corridor Project.


BACKGROUND: As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring properties to construct the Centennial Corridor Project. The Centennial Corridor will connect the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway north of Truxtun Avenue. The property being purchased consists of a single family residence. The purchase price of $243,000 is the property’s fair market value as established by 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. 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. A Phase I Environmental Site Assessment report has been prepared encompassing all properties required for the Centennial Corridor 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. Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation Fund and is part of the $165 million authorized by CalTrans and appropriated by the City Council on March 5, 2014 for right of way acquisitions. Purchases under the early acquisition program

were approved by CalTrans at 100% federal funding with no local match requirement for this phase of the project. This concept is termed by CalTrans as “toll credits”. The term “toll credit” is a little confusing, because it does not refer to a toll that might be paid for crossing a bridge. It refers to an alternate definition of the word that means “to lead or attract to a desired point”. Offering of toll credits allows the City to accelerate the spending of Federal dollars sooner and gets the project further along with less need of local dollars. As a result, the future construction phase of the Centennial project will carry a higher local match percentage than it would have without the toll credits being approved. The end result is that we will still spend the same amount of Federal and local dollars to project completion as we would have without toll credits, but using toll credits allows us to spend the Federal money first and the local dollars later. The Centennial Corridor Project has 199 single family residential properties. This is the 123rd of the 199 single family 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



MEETING DATE: 9/2/2015 Consent - Property Acquisition Agreements - TRIP v.



DATE: 8/21/2015

WARD: Ward 2

SUBJECT: Agreement with Filemon Pedraza ($138,000) to purchase real property located at 7 North Stine Road for the Centennial Corridor Project.


BACKGROUND: As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring properties to construct the Centennial Corridor Project. The Centennial Corridor will connect the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway north of Truxtun Avenue. The property being purchased consists of a single family residence. The purchase price of $138,000 is based on the property’s fair market value as established by 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. 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. A Phase I Environmental Site Assessment report has been prepared encompassing all properties required for the Centennial Corridor 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. Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation Fund and is part of the $165 million authorized by CalTrans and appropriated by the City Council on March 5, 2014 for right of way acquisitions. Purchases under the early acquisition program were approved by CalTrans at 100% federal funding with no local match requirement for this

phase of the project. This concept is termed by CalTrans as “toll credits”. The term “toll credit” is a little confusing, because it does not refer to a toll that might be paid for crossing a bridge. It refers to an alternate definition of the word that means “to lead or attract to a desired point”. Offering of toll credits allows the City to accelerate the spending of Federal dollars sooner and gets the project further along with less need of local dollars. As a result, the future construction phase of the Centennial project will carry a higher local match percentage than it would have without the toll credits being approved. The end result is that we will still spend the same amount of Federal and local dollars to project completion as we would have without toll credits, but using toll credits allows us to spend the Federal money first and the local dollars later. The Centennial Corridor Project has 199 single family residential properties. This is the 124th of the 199 single family 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



MEETING DATE: 9/2/2015 Consent - Property Acquisition Agreements - TRIP w.



DATE: 8/18/2015

WARD: Ward 2

SUBJECT: Agreement with Landeron, LLC ($438,300) to purchase real property located at 5085 Easton Drive for the Centennial Corridor Project.


BACKGROUND: As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring properties to construct the Centennial Corridor Project. The Centennial Corridor will connect the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway north of Truxtun Avenue. This is the third multi-family zoned property to be acquired. The property is owned by Landeron LLC which operates the two duplex apartment units. The purchase price of $438,300 is product of negotiations based on appraisals by Merriman Hurst & Associates and Michael Burger & Associates. In addition to the purchase price the City will be paying for each occupied apartment tenant’s 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 parties affected by Federally funded projects. 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 rent differential payment, and the actual, reasonable and necessary costs to relocate their personal property. Every property is unique and the benefits will reflect their individual circumstances. A Phase I Environmental Site Assessment report has been prepared encompassing all properties required for the Centennial Corridor 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. Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation Fund and is part of the $165 million authorized by CalTrans and appropriated by the City Council on March 5, 2014 for right of way acquisitions. Purchases under the early acquisition program were approved by CalTrans at 100% federal funding with no local match requirement for this

phase of the project. This concept is termed by CalTrans as “toll credits”. The term “toll credit” is a little confusing, because it does not refer to a toll that might be paid for crossing a bridge. It refers to an alternate definition of the word that means “to lead or attract to a desired point”. Offering of toll credits allows the City to accelerate the spending of Federal dollars sooner and gets the project further along with less need of local dollars. As a result, the future construction phase of the Centennial project will carry a higher local match percentage than it would have without the toll credits being approved. The end result is that we will still spend the same amount of Federal and local dollars to project completion as we would have without toll credits, but using toll credits allows us to spend the Federal money first and the local dollars later. The Centennial Corridor Project has 12 full acquisition multi-family properties to acquire. This is the 3rd of the multi-family properties to be acquired. Information on the progress of the right of way phase of each TRIP project and the costs associated therewith is contained in a periodic report.

ATTACHMENTS:

Description Type



MEETING DATE: 9/2/2015 Consent - Bids x.



DATE: 8/18/2015

WARD:

SUBJECT: Extend bid for a four axle side loading refuse truck ($346,431.17) from Golden State Peterbilt for the Public Works Department, Solid Waste Division.

STAFF RECOMMENDATION: Staff recommends extension of bid.

BACKGROUND: On February 11, 2015, the City Council accepted the bid from Golden State Peterbilt, Bakersfield for the purchase of a side loading refuse truck. The specifications included a provision whereby, with the written approval of both the bidder and the City, the City may purchase additional units at the same per unit cost within one year after acceptance of the original bid. Golden State Peterbilt has indicated its approval to extend the unit cost of $346,431.17 for a four axle side loading refuse truck. Funds for a four axle side loading refuse truck are budgeted in the Equipment Management Fund. Additional information regarding a history of the replacement refuse truck is attached for review. Staff recommends extension of bid and authorization to purchase a replacement four axle side loading refuse truck from Golden State Peterbilt, Bakersfield, for a total purchase amount of $346,431.17.

ATTACHMENTS:

Description Type

Replacement background Backup Material

Equip. No. Year and Model Condition

3650 2009 Peterbuilt 320 Vehicle is worn out with 104,721 miles,

Vehicle nearing the end of life cycle. Will

need major hydraulics and body repairs. Will

be replaced with a newer better efficient

vehicle.


MEETING DATE: 9/2/2015 Consent - Bids y.


FROM: Nelson K. Smith - Finance Director

DATE: 8/20/2015

WARD:

SUBJECT: Accept bid from Golden State Peterbilt, Bakersfield, ($2,253,391.53) for seven replacement front loader refuse trucks for the Public Works Department, Solid Waste Division.

STAFF RECOMMENDATION: Staff recommends acceptance of the bid.

BACKGROUND: Bids were solicited for front loading refuse trucks. Two bids were received in response to the solicitation. Funds are available in the Equipment Management Fund for the purchase of seven replacement four axle front loading, LNG fueled refuse trucks for the Solid Waste Division. The new refuse trucks will comply with current U.S. EPA and CARB emission requirements. Additional information regarding a history of the refuse trucks proposed for replacement is attached for review. The two bids received are as follows: BIDDER AMOUNT MAKE/MODEL BID Golden State PeterbiltBakersfield, CA $2,253,391.53 320 Peterbilt w/Bridgeport Front Loader

Central Valley Truck CenterFresno, CA

$2,263,535.23 AutoCar w/Bridgeport Front Loading Body

Staff finds the low bid submitted by Golden State Peterbilt, Bakersfield to be acceptable and recommends the purchase of replacement refuse trucks.

ATTACHMENTS:

Description Type

Background replacement justifications Backup Material

Equip. No. Year and Model Condition

3614 2007 Autocar Expeditor







Vehicle is worn out with 127,059 miles,

Vehicle at end of life cycle. Will need major

hydraulics and body repairs. Will be replaced

with a newer better efficient LNG vehicle.












with a newer better efficient vehicle.














MEETING DATE: 9/2/2015 Consent - Bids z.



DATE: 8/18/2015

WARD:

SUBJECT: Accept bid and approve contract with Plank and Harvey, Inc., dba Cen-Cal Construction (not to exceed amount of $1,773,131.50) for the annual contract for concrete construction.

STAFF RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.

BACKGROUND: Bids were solicited for an Annual Contract for concrete construction. Three bids were received in response to solicitation. The bids solicited were based on a list of concrete services with estimated quantities. In this case, where the City does not intend to split the bid award, the City determines the lowest overall bidder by multiplying the supplier’s unit price for each of the items by the estimated number of units for each item.

The contract is on-call, as-needed used by multiple departments of the City including Water Resources, Recreation and Parks and Public Works. Staff anticipates utilizing this contract for the following projects; repairs at bus stops to improve ADA requirements, curb, gutter and sidewalk at Sports Village (Phase 3) and Mesa Marin parking lot. In addition, the contract will provide for routine maintenance and repair of curb, gutter, and sidewalk and block wall damage by vehicles. Sufficient funds are available to cover the costs associated with this greement. Multiple funding sources may be used for work under this contract including General Funds, Capital Outlay Funds, Park Improvement Funds, Refuse Funds, Wastewater Funds and Agricultural Water Funds. The contract award is for a one year period; renewable annually for four consecutive one-year periods at the City’s option and upon mutually agreeable terms. The three bids received are listed below. BIDDER AMOUNTPlank and Harvey, Inc.dba Cen-Cal ConstructionBakersfield, CA

$1,773,131.50

Jim Alfter Cement Contractor $1,926,947.50

Bakersfield, CASturgeon Services International, Inc.Bakersfield, CA $1,984,492.50

Staff finds the low bid submitted by Plank and Harvey, Inc., dba Cen-Cal Construction to be acceptable and recommends approval of the contract in the amount of $1,773,131.50.

ATTACHMENTS:

Description Type

Agreement Agreement


MEETING DATE: 9/2/2015 Consent - Bids aa.



DATE: 8/20/2015

WARD: Ward(s) 1, 2, 4, 5, 7

SUBJECT: Accept bid and approve contract with Robertson Industries, Inc. ($136,466), for replacement playground rubberized surfacing at various parks.

STAFF RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.

BACKGROUND: As part of the Fiscal Year 2014-15 Capital Improvement Program, the City Council approved a project to replace rubberized surfaces at various City parks. City parks have rubberized surfacing as a safety requirement under playground structures. This surface deteriorates over time due to weather conditions and general use. To maintain compliance with public playground safety requirements, several parks are in need of partial or complete rubberized surfacing replacement. Bids were solicited for replacement playground rubberized surfacing at various parks. Two bids were received in response to the solicitation. The bid specifications identified parks in immediate need of repair and grouped them as a base bid. The base bid included The Park at River Walk, Pin Oak Park, Quailwood Park, Planz Park, Dr. Martin Luther King Park and Jastro Park. The award is based on the base bid amount. An “additive alternate” option was included in the bid package for repairs at additional park locations based on budgeted funding available for this work. Funds are available to include additional repairs at the following “additive alternate” park sites; Windsor Park, Central Park, Campus Park South, Granite Pointe Park, Centennial Park and Jefferson Park. Parks staff has since determined that the Amtrak and Wayside Park sites are in need of full playground replacement, thus it would be more cost effective to replace the rubberized surface at these two locations when the playground replacement occurs in the future. A spreadsheet showing complete analysis is attached. Funds are budgeted in the Park Improvement Fund for this project. There is General Fund impact associated with this contract. The two bids received are as follows:

BIDDER BASE BID(6 PARKS)

ADDITIVE ALTERNATES(6 PARKS) TOTAL AWARD

Robertson Industries, Inc.Tempe, AZ $110,087 $26,379 $136,466

SpectraTurfCorona, CA $115,410 $43,469 $158,879

Staff finds the low bid submitted by Robertson Industries, Inc. to be acceptable and recommends approval of the contract in the amount of $136,466.

ATTACHMENTS:

Description Type

Agreement Agreement

Spreadsheet Backup Material

___________________________________________________________________________

CONSTRUCTION PROJECTS AGREEMENT\kb C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\C3EDD5D8-D91C-4C50-8B9C-38B428217EF0\PDFConvert.3545.1.Replacement_Playground_Rubberized_Surfacing_at_Various_Parks__15-16-07__Robertson_Ind.docx

August 19, 2015


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 ROBERTSON INDUSTRIES, INCORPORATED (a California Corporation)

("CONTRACTOR" herein).

R E C I T A L S

WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and

well qualified in the field of rubberized surfacing; and

WHEREAS, CONTRACTOR has conducted a thorough site inspection; and

WHEREAS, CITY desires to employ CONTRACTOR to complete replacement

playground rubberized surfacing at various parks (“Project” herein) which

consists of BASE BID (The Park at River Walk, Pin Oak Park, Quailwood Park, Planz

Park, Dr. Martin Luther King Park & Jastro Park) plus additive alternates Windsor

Park, Central Park, Campus Park South, Granite Point Park, Centennial Park &

Jefferson Park as set forth herein.


CONTRACTOR mutually agree as follows:

1. SCOPE OF WORK. The scope of work to be performed consists, in

general, of replacement playground rubberized surfacing at various parks

(“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

___________________________________________________________________________


August 19, 2015


as if fully set forth herein:

1.2.1. Invitation to Bid No. 15-16-07

1.2.2. Special Provisions

1.2.3. Bid Security

1.2.4. Bid Proposal

1.2.5. Non-collusion affidavit

1.2.6. Contractor Certification Regarding Debarment

1.2.7. Workers Compensation Insurance Certification

1.2.8. Statement of OSHA Compliance

1.2.10 Bidders Statement Regarding Insurance Coverage

1.2.11. Performance Bond

1.2.12. Material and Labor Bond

1.2.13. Letters of transmittal, if any

1.2.14 All provisions required by law to be inserted in this

Contract whether actually inserted or not.

1.2.15. Current State of California DAS 140 Form (if required by

Specifications)

1.2.16 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 SIX THOUSAND FOUR HUNDRED SIXTY SIX DOLLARS ($136,466) 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. 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. CONTRACTOR’s

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

___________________________________________________________________________


August 19, 2015


recovery schedules if CONTRACTOR falls behind the Project schedule. CITY’s

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

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)

___________________________________________________________________________


August 19, 2015


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:

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 CITY’s Risk Manager, providing coverage on an

___________________________________________________________________________


August 19, 2015


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

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 Best’s rating as approved by CITY’s 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 Best’s A-:VII, must be declared prior to

execution of this Agreement and approved by the CITY in writing.

___________________________________________________________________________


August 19, 2015


13.6. Unless otherwise approved by CITY’s 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

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

___________________________________________________________________________


August 19, 2015


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, CONTRACTOR’s

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 CITY’s 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 CITY’s written demand for adequate

assurances. CONTRACTOR must respond to CITY’S 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, 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

___________________________________________________________________________


August 19, 2015


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 CITY’s 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 attorney’s 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 attorney’s

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

___________________________________________________________________________


August 19, 2015


mail. The parties shall be addressed as follows, or at any other address

designated by notice:

CITY: CITY OF BAKERSFIELD

RECREATION AND PARKS DEPARTMENT

1600 Truxtun Avenue

Bakersfield, California 93301

(661) 326-3011 CONTRACTOR: ROBERTSON INDUSTRIES, INC. 2414 W 12th Street #5

Tempe, AZ 85281 800-858-0519 (phone) 602-340-0402 (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

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

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August 19, 2015


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.

CONTRACTOR’s Federal Tax ID Number 86-0686635

CONTRACTOR is a corporation? Yes X No (Please check one.)

29. CONTRACTOR’S LICENSE INFORMATION.

License Number 667261

Expiration Date 03/31/2017

License Classification C61/D12

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 ROBERTSON INDUSTRIES, INC.

___________________________________________________________________________


August 19, 2015


By: By: HARVEY L. HALL Mayor PRINT NAME: _________________________________________

Title:


VIRGINIA GENNARO City Attorney

By:___________________________

JOSHUA H RUDNICK Deputy City Attorney

Insurance:__________


RECREATION AND PARKS DEPARTMENT

By:___________________________

DIANNE HOOVER Recreation and Parks Director

COUNTERSIGNED:

By:___________________________ NELSON SMITH

Finance Director

Replacement Playground Rubberized

Surfacing at Various Parks

Bid No. 15-16-07

ITEM

1

2

3

4

5

6

7 Windsor Park, 515 Windsor Park Drive

8 Central Park, 600-19th Street

9 Campus Park South, 8800 District Blvd.

10

11 Centennial Park, 400 Montclair Street

14 Jefferson Park, 801 Bernard Street

12 Amtrak Station Playground, 601 Truxtun Avenue

13 Wayside park, 1200 Ming Avenue

$8,769 $11,457

$6,545 $7,279

Granite Pointe Park, 7914 Granite Pointe Parkway

$5,013 $13,163

Corona, CA

951-736-3579

(Fax) 951-734-3630

800-858-0519

Total awarded items (Base Bid plus additive alternates) $136,466 $158,879

DESCRIPTION

$19,135 $20,898

Robertson

Industries, Inc.

Cost per Site Cost per Site

Tempe, AZ

(Fax) 602-340-0402

Spectraturf

Dr. Martin Luther King Park, 1000 So. Owens St. $16,427

$43,469

$30,149

$23,232

$22,395

$13,782

$2,754

Subtotal - Additive Alternates Lines 7-11 & 14 $26,379

$1,575 $4,917

The Park at River Walk, 11200 Stockdale Hwy.

Pin Oak Park, 3101 Pin Oak Park Blvd.

Quailwood Park, 7400 Quailwood Drive

Planz Park, 1601 Planz Road $39,441

$1,503

Jastro Park, 2900 Truxtun Avenue $19,770

Line Items 1-6 Total (BASE BID) $110,087 $115,410

Additive Alternates - Proposed for award

$15,297

$4,927$1,646

$2,860 $2,411

Additive Alternates - Not Proposed for award

$13,365 $12,044

$27,850 $24,552


MEETING DATE: 9/2/2015 Consent - Miscellaneous ab.


FROM: Greg Williamson, Police Chief

DATE: 8/13/2015

WARD:

SUBJECT: Appropriate $8,640 contributions from the Bakersfield Foundation to the Police Department Operating Budget within the General Fund to offset the costs of the purchase of a Police Canine.

STAFF RECOMMENDATION: Staff recommends approval of the appropriation.

BACKGROUND: The Bakersfield Police Department K-9 Unit was established in 1988. The Unit is an important operational component of the Police Department. Over the past 27 years, the Unit has been responsible for thousands of arrests and the confiscation of significant amounts of marijuana, methamphetamine, cocaine, and heroin. The police K-9, due to its strength, agility, courage, and keen sense of smell are utilized to assist law enforcement in various tasks and situations. Because of these attributes, police service dogs can be utilized to assist in searching for potentially violent criminals and aid in the apprehension of fleeing criminals who may place innocent community members or other police officers at risk of injury. In potentially dangerous situations, the police K-9 can often assume the risk by preventing exposure of a police officer to a violent confrontation. The police K-9 are highly trained to detect the presence of narcotics. The dogs also offer the department an effective public relations tool to disseminate information about the police department's mission, functions, and crime fighting efforts. As police service dogs age, there comes a point in time when they are no longer able to perform to the Department's standards. When this time comes, the dog is retired to its handler’s home and the handler is allowed to purchase the animal. On August 1, 2015, BPD K-9 Patrol service dog Carson was retired into his handler's care, creating the need to purchase a replacement canine for the department. After completing a comprehensive evaluation process and cost analysis, a new dog has been selected to replace Carson. The purchase price of the new dog is $8,640. The canine will be funded through a generous contribution to the Bakersfield Foundation from Jack and Carol Craig of Bakersfield. There is no impact to the General Fund associated with this action.

The proposed action will appropriate the donated funds to the Police Department operating budget for the purchase of the canine.


MEETING DATE: 9/2/2015 Consent - Miscellaneous ac.



DATE: 8/11/2015

WARD:

SUBJECT: Appropriate $50,000 State Grant Revenue for the Waste Tire Enforcement Grant Program to the Community Development Department Operating Budget in the General Fund.

STAFF RECOMMENDATION: Staff recommends approval of appropriation.

BACKGROUND: The City has received a $50,000 grant from the California Department of Resources, Recycling and Recovery for waste tire enforcement. The grant will offset funding for Code Enforcement staff time directly related to the development, monitoring and implementation of a program to educate tire dealers and auto dismantlers of their responsibilities as waste tire generators and reduce the illegal disposal of waste tires. The California Department of Resources, Recycling and Recovery, over the past grant cycles have reimbursed the City over $242,000 through the Tire Enforcement Grant Program. In that time, Code Enforcement staff has conducted 1,659 inspections of waste tire generators and identified over 826 piles of illegally-dumped tires within the City’s jurisdiction. Over 10,000 illegally-dumped tires have been abated by private property owners, Code Enforcement or through other CalRecycle Grant programs. Code Enforcement has referred five cases to the District Attorney’s Office for prosecution of tire related-violations of State law. Code Enforcement staff has spent 965 hours patrolling the City for tire-related activities, conducted 819 hours of surveillance and received over 262 hours in training from the California Department of Resources, Recycling and Recovery. Staff is recommending the appropriation.


MEETING DATE: 9/2/2015 Consent - Successor Agency Business ad.



DATE: 8/20/2015

WARD:

SUBJECT: Settlement Agreement and Mutual Release between the Successor Agency and the Kern Community College District regarding AB 1290 Pass-Through Underpayments of the former Bakersfield Redevelopment Agency.

STAFF RECOMMENDATION: Staff recommends approval of the Settlement Agreement and Mutual Release.

BACKGROUND: Prior to the dissolution of the former Bakersfield Redevelopment Agency (BRDA) on February 1, 2012, AB 1290 pass-through payments were calculated and paid by the Kern County Auditor-Controller-County Clerk (KCAC) on behalf of the BRDA to the various school districts and taxing entities within the former Bakersfield Redevelopment Project Areas. The State redevelopment dissolution law requires that the KCAC calculate and distribute future AB1290 pass-through payments to the school districts and taxing entities. In 2013, the California Court of Appeals (Fourth Circuit) ruled in the Los Angeles Unified School District v. County of Los Angeles et. al. case that the Los Angeles school districts were entitled to AB-1290 pass-throughs based on a post-Education Revenue Augmentation Fund (ERAF) basis. This meant that Los Angeles County and the other taxing entities within Los Angeles County, including several of the dissolved redevelopment agencies, owed underpayments of the AB-1290 pass through payments to the various Los Angeles County school districts. The Los Angeles School District case was not appealed and so it remains the current law in effect. Other counties started to follow the Los Angeles School District case in terms of calculating their AB 1290 pass-through payments due to the school districts. On April 15, 2015, the KCAC notified the Successor Agency to the dissolved BRDA (“Successor Agency”) of the KCAC’s calculations of the AB 1290 pass through underpayments based on the Los Angeles Court Decision by a letter, which is attached to this administrative report. Subsequently, the KCCD agreed to adopt the KCAC’s figures for their claim and demanded that the Successor Agency add underpayments of AB 1290 pass-through for the KCCD as enforceable obligations to the next ROPS in the amount of Seventy-Four Thousand Twenty Dollars and 66/100 ($74,020.66).

Approval of the Settlement Agreement and Mutual Release will not affect the City of Bakersfield’s general fund. In addition, placing the AB 1290 underpayments on the next ROPS will not jeopardize the existing Successor Agency’s enforceable obligations because those obligations would still be able to be completely funded on future ROPS. Finally, existing enforceable obligations also take priority over AB 1290 pass through obligations. If the Successor Agency approves the Settlement Agreement and Mutual Release, staff will forward the Settlement Agreement and Mutual Release to the Oversight Board to the Successor Agency and the State Department of Finance for their approval and staff will also add the AB 1290 underpayments on the next ROPS.

ATTACHMENTS:

Description Type

Letter from KCAC dated April 15, 2015 Backup Material

Settlement Agreement and Mutual Release Agreement

________________________________________________________

Settlement Agreement and Mutual Release C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\F45B7E2D-70F8-49F1-84BC-5941CB314235\Pdfconvert.3548.1.KCCD_Stlmt_Agr___Rls.Docx

August 10, 2015


AGREEMENT NO. ________________

SETTLEMENT AGREEMENT AND MUTUAL RELEASE

THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (“Settlement

Agreement”) is made and entered into as of September 2, 2015, (the “Effective

Date”), by and between the following parties:

1. Kern Community College District Superintendent of Schools, a

California public education entity (“KCCD”); and

2. City of Bakersfield, as Successor Agency (“Bakersfield SA”) to the

former Bakersfield Redevelopment Agency (“Bakersfield RDA”).

KCCD may be referred to herein as the Local Educational Agency (LEA”).

KCCD and Bakersfield SA may be referred to herein individually as a “Party” or

collectively as the “Parties.”

R E C I T A L S

WHEREAS, the LEA asserted that provisions of the Health and Safety Code

required the former Bakersfield RDA to make pass-through payments pursuant to

AB 1290 (“Pass-through Payments”) to the LEA as a local taxing entity within the

former Bakersfield RDA project areas; and

WHEREAS, pursuant to ABX 1-26, on February 1, 2012, the former Bakersfield

RDA was dissolved, and the Bakersfield SA was created by law to wind-down

the operations and business of the former Bakersfield RDA; and

WHEREAS, in August 2015, KCCD made a request to the Bakersfield SA for

unpaid Pass-through Payments for fiscal years 2008/2009 thru 2010/2011 (“Pre-

Dissolution Pass-through Payments”); and

WHEREAS, these Pre-Dissolution Pass-through Payments constitute enforceable obligations of the Bakersfield SA per Health and Safety Code

Section 34171(d)(1)(C), since (i) they are “obligations imposed by State law” for

years prior to dissolution of the former Bakersfield RDA, and (ii) they are not

“pass-through payments that are made by the county auditor-controller

pursuant to [Health and Safety Code] Section 34182,” which payments are

exclusively for years after dissolution of the former Bakersfield RDA; and

________________________________________________________


August 10, 2015


WHEREAS, the Parties have been working cooperatively to identify and

reach an amicable, full and final settlement relating to the amount of these Pre-

Dissolution Pass-through Payments that have been alleged to remain due and

owing to the LEA; and

WHEREAS, except as otherwise set forth herein, nothing in the Settlement

Agreement is intended to affect or waive the rights of any of the Parties in

relation to future Pass-through Payments.

TERMS OF SETTLEMENT

NOW, THEREFORE, in consideration of the promises and covenants

contained herein, the Parties agree as follows:

1. GOVERNING BOARD APPROVAL. The Parties agree that this Settlement Agreement is contingent upon approval by each Party’s governing

board (“Board”). In the event that any Board rejects this Settlement Agreement,

this Settlement Agreement shall be of no force and effect and none of the

Parties shall be deemed to have waived any rights with respect to the disputed

Pass-through Payments.

2. SETTLEMENT OF CLAIMS. The Parties hereby agree to resolve all

disputes related to the amount of Pre-Dissolution Pass-through Payments due to

the LEA in the total amount of Seventy-Four Thousand Twenty Dollars and 66/100

($74,020.66) as follows:

2.1. KCCD Obligation. The Bakersfield SA shall pay from funds it

receives from the Real Property Tax Transfer Fund (“RPTTF”) a Pre-Dissolution Pass-

through Payment to KCCD in the total amount of Seventy-Four Thousand Twenty

Dollars and 66/100 ($74,020.66) (the “KCCD Obligation”).

2.2. RPTTF. The Bakersfield SA shall satisfy the KCCD Obligation

(the “LEA Obligation”) from monies it receives from its RPTTF. The Parties

acknowledge that any payments from the RPTTF to the Bakersfield SA must be

approved by the Oversight Board for the Bakersfield SA (the “OB”) and the State

Department of Finance (“DOF”). Subject to approval of the OB, the Bakersfield

SA shall schedule payment of the LEA Obligation as “recognized obligations” on

the Recognized Obligation Payment Schedules (“ROPS”) for the period of

January 1, 2016 to June 30, 2016 (2015/2016 ROPS B Period). Bakersfield SA’s

funding of the LEA Obligation will be triggered by and funded as recognized

obligations on the 2015/2016 ROPS B (period January 1, 2016 to June 30, 2016).

________________________________________________________


August 10, 2015


3. RELEASE AND WAIVER OF CLAIMS.

3.1. Excepting the obligations arising out of this Settlement

Agreement, each Party, on behalf of itself, and all present or former Board

members, officers, employees, agents, attorneys and representatives, successors

and assigns, and each of them (the “Party Representatives”), does hereby fully

and finally settle, release, relieve, acquit and forever discharge all other Parties

and their Party Representatives from any and all claims, claims for

indemnification or contribution, complaints, causes of action, demands,

liabilities, losses, or damages, including attorneys’ fees and costs, experts’ and

consultants’ fees and costs, whether asserted, or that could have been

asserted, known or unknown, which the Party or Party Representatives may now

or thereafter have against any other Party and their Party Representatives,

arising out of or in any way related to the matters herein.

3.2. Each of the Parties hereto acknowledges that it is familiar with

Section 1542 of the California Civil Code which provides as follows:

A general release does not extend to

claims which the creditor does not know or

suspect to exist in his or her favor at the

time of executing the release, which if

known by him or her must have materially

affected his or her settlement with the

debtor.

3.3. Except as provided for specifically in this Settlement

Agreement, the Parties waive and relinquish any and all rights and benefits

which they may have under, or which may be conferred upon them by the

provisions of Section 1542 of the California Civil Code, to the fullest extent that

they may lawfully waive such rights or benefits pertaining to the subject matter

of this Settlement Agreement. In connection with such waiver and

relinquishment, the Parties hereby acknowledge that they are aware that they

or their attorneys may hereafter discover claims or facts in addition to or

different from those which they now know or believe to exist with respect to the

subject matter of this Settlement Agreement, but that it is the intention of each of the Parties to this Settlement Agreement to hereby fully, finally and forever

waive said claims, whether known or unknown, suspected or unsuspected,

which concern, arise out of, or are in any way connected with the matters set

forth in this Settlement Agreement.

________________________________________________________


August 10, 2015


3.4. Except for proceedings to enforce the terms of this Settlement

Agreement and proceedings related to matters not released by this Settlement

Agreement, the Parties covenant and agree that at no time subsequent to the

date of their respective executions of this Settlement Agreement will they file or

maintain or cause or knowingly permit the filing or maintenance of, in any state,

federal or foreign court, or before any local, state, federal or foreign

administrative agency, or any other tribunal, any charge, claim, or action of any

kind, nature or character whatsoever, known or unknown, which they may now

have, or have ever had, or which they may later discover, against another Party

or Parties, which is based in whole or in part on any act, omission or event

relating to the matters herein. The Parties agree that this Settlement Agreement

shall constitute a full and complete defense to, and may be used as a basis for

a permanent injunction against, any action, suit, or other proceeding which

may be instituted, prosecuted, or attempted by any of them in breach of this

Settlement Agreement. Any damages suffered by any of the Parties by reason

of any breach of the provisions of this Settlement Agreement by any of the other

Parties shall be recoverable including attorneys’ fees and costs reasonably

incurred in instituting, prosecuting or defending any action, grievance, or

proceeding resulting from said breach of this Settlement Agreement.

4. NO ADMISSION OF LIABILITY. This Settlement Agreement embodies

a compromise of disputed issues and is made in good faith. The Parties

understand that no Party hereto admits any negligence, breach of contract, or

any wrongdoing in connection with the matters herein referred to, and that the

compromise embodied in this Settlement Agreement is not an admission of any

fault, liability, or culpability by any Party.

5. ATTORNEYS’ FEES. Except in any proceeding to enforce this Settlement Agreement, each Party shall bear its own fees and costs.

6. ENFORCEMENT OF SETTLEMENT. In any proceeding to enforce any rights and/or construe any obligations under this Settlement Agreement, the

prevailing party in such proceeding shall be entitled to recover its reasonable

attorneys’ fees and costs incurred, including compensation paid to experts.

7. AUTHORITY. Subject to the provisions of Paragraph 2.2 above,

recognizing the need for approval by the OB and DOF, each Party represents

and warrants that its has full power and authority to enter into and perform this

Agreement and that the person executing this Settlement Agreement on behalf

of that Party has been properly authorized and empowered to enter into this

Settlement Agreement and bind that Party hereto.

________________________________________________________


August 10, 2015


8. INTERPRETATION. This Settlement Agreement shall be interpreted

and enforced in accordance with the laws of the State of California, provided

that no provision of this Settlement Agreement shall be interpreted for or against

a Party because that Party or Parties’ legal representative drafted such

provision, and that this Settlement Agreement shall be construed as if jointly

prepared by the Parties.

9. INDEPENDENT COUNSEL. Each of the Parties to this Settlement

Agreement warrants that it has, through its representatives, carefully read and

understood the terms and conditions of this Settlement Agreement, and that it

has not relied upon the representations or advice of any other Party or any

attorney not its own.

10. AMENDMENTS. No modification, waiver, or amendment to this

Settlement Agreement shall be valid unless the same is in writing and executed

by the Party against which the enforcement of such modification, waiver or

amendment is or may be sought.

11. COUNTERPARTS. This Settlement Agreement may be executed in

one or more counterparts, each of which shall be deemed an original. A

facsimile or electronic signature shall be deemed to be the equivalent of the

actual original signature. All counterparts so executed shall constitute one

Settlement Agreement binding all the Parties hereto.

12. SEVERABILITY. The Parties agree that should any provision of this

Settlement Agreement, or any portion of any provision, be declared or

determined by any court of competent jurisdiction to be illegal, invalid or

unenforceable, the remainder of the provision and the Settlement Agreement

shall nonetheless remain binding in effect, unless this would result in a substantial

failure of consideration.

13. WAIVER. Except as may be provided expressly in writing by each

Party, no action or want of action on the part of any Party hereto at any time to

exercise any rights or remedies conferred upon it under this Settlement

Agreement shall be, or shall be asserted to be, a waiver on the part of any such

Party of any of its rights or remedies hereunder.

14. PERFORMANCE OF SETTLEMENT. The Parties agree to perform any

further acts and execute and deliver any further documents that may

reasonably be necessary to carry out the provisions of this Settlement

Agreement. The LEA shall be responsible for all costs, including attorneys’ fees

incurred by the SA related to any meet and confer process with DOF or any

litigation, arising out of the inclusion of the LEA’s demands, as represented in this

Settlement Agreement, on the SA’s ROPS.

________________________________________________________


August 10, 2015


15. ENTIRE AGREEMENT. There are no representations, warranties,

agreements, arrangements, or undertakings, oral or written, between or among

the Parties hereto relating to the subject matter of this Settlement Agreement

which are not fully expressed herein. This Settlement Agreement shall be

interpreted according to its own terms, as defined in this Settlement Agreement

or otherwise according to their ordinary meaning without any parole evidence.

This is an integrated Settlement Agreement.

IN WITNESS WHEREOF, the Parties hereto have caused this Settlement

Agreement to be executed on the day and year first above written.

“CITY” “KCCD”

BAKERSFIELD SUCCESSOR AGENCY KERN COMMUNITY COLLEGE DISTRICT

By: By:_________________________________

ALAN TANDY THOMAS J. BURKE

City Manager Chief Financial Officer


VIRGINIA GENNARO

City ATTORNEY

By:______________________________

JOSHUA H. RUDNICK


COUNTERSIGNED:

By:______________________________

NELSON SMITH

Finance Director

JHR:dll


MEETING DATE: 9/2/2015 Hearings 10. a.



DATE: 7/9/2015

WARD:

SUBJECT: U.S. Department of Housing and Urban Development (HUD) Action Plan Amendments:

FY 2010-11 Amendment No. 12 - Create Neighborhood Stabilization Program (NSP) Housing Acquisition and Preservation Program with $141,352 Program Income, and appropriate $141,352 to the NSP operating budget;

1.

FY 2011-12 Amendment No. 4 - Increase Fire Station 1 Improvements Project $20,000 Community Development Block Grant (CDBG) project savings and change project scope;

2.

FY 2014-15 Amendment No. 5a - Transfer $250,000 HOME Investment Partnerships (HOME) Program from New Construction Assistance Program to Housing Urban Bakersfield Downpayment Assistance;

3.

FY 2014-15 Amendment No. 5b - Create Dr. Martin Luther King Jr. Park and Community Center Lighting Improvements Project with $130,000 project savings;

4.

Appropriate $2,685 to the CDBG Operating Budget. 5.

STAFF RECOMMENDATION: Staff recommends approval of the amendments and appropriations.

BACKGROUND: The City receives funding from the U.S. Department of Housing and Urban Development (HUD) annually through the submission of an Action Plan, which describes all HUD-funded projects and activities for a particular fiscal year. HUD allows significant changes to the Action Plan through a Substantial Amendment. City staff recommends Substantial Amendments for the HUD-funded activities below. Neighborhood Stabilization Program (NSP) Housing Ac quisition and PreservationIn FY 2010-11, the City received federal stimulus funds to mitigate issues related to abandoned, vacant, or foreclosed residential properties. The City has expended its original allocation of NSP funds; however, over time the program has generated $141,352 in NSP program income (loan proceeds) that must be used for future NSP-eligible activities. This Substantial Amendment creates a NSP Downpayment Assistance Program funded

with $141,352 in program income for the purchase of vacant, abandoned, or foreclosed properties in NSP-eligible areas by households earning 120 percent of the area median income or less. Fire Station 1 ImprovementsIn FY 2011-12, the City Council approved $120,000 in Community Development Block Grant (CDBG) funds to paint the exterior and replace the windows at Fire Station 1. Although the City completed the painting activities, the environmental review process determined the windows were historic in nature; consequently, replacing the windows according to the historic preservation guidelines was infeasible. At this moment, Fire Station 1 requires rehabilitation to a sewer line in the vehicle bay area that has caused subsidence and cracking in the concrete floor. In addition, the adjacent workstation has been deteriorating over time, including the associated electrical and plumbing. This Substantial Amendment revises the program description to include rehabilitating the damaged sewer line in the vehicle bay area; replacing a portion of concrete in the vehicle bay area; and replacing the adjacent workstation, including the plumbing and electrical. To ensure sufficient funds are available to complete the project, City staff proposes allocating an additional $20,000 in project savings. Housing Urban Bakersfield – Downpayment Assistance ProgramIn FY 2014-15, the City Council approved $250,000 in HOME Investment Partnerships (HOME) funds for the Housing Urban Bakersfield – Downpayment Assistance Program. Due to the success of the program, City staff has expended these funds on downpayment assistance in the former redevelopment project areas, Creekview Villas, and Parkview Cottages. This Substantial Amendment transfers $250,000 in HOME funds from the New Construction Assistance Program to the Downpayment Assistance Program to cover the projected need for downpayment assistance at Creekview Villas and Parkview Cottages. Please note that $1.7 million remains available for unobligated new affordable housing construction activities. Dr. Martin Luther King Jr. (MLK) Park and Community Center Lighting Improvement ProjectIn FY 2014-15, the highest rated CDBG application by City staff that did not receive funding was the MLK Park and Community Center Lighting Improvement Project. This park is severely under lit, which causes safety concerns for residents during the evenings. Also, the existing lighting uses more electricity while producing inadequate illumination compared to newer technologies. This Substantial Amendment reprograms $130,000 in project savings to the MLK Park and Community Center Lighting Improvement Project. The project includes replacing some of the existing exterior lighting with new LED fixtures and associated electrical improvements. City staff anticipates the project will increase public safety at the park and reduce energy costs and consumption. CDBG Operating Budget AppropriationAlso, City staff recommends the appropriation of $2,685 to the CDBG Operating Budget. This is to account for differences between projected and actual grant amounts. Attached you will find a summary of the proposed Substantial Amendments. A 30-day public hearing notice was published on July 31, 2015. No comments have been received to date.

ATTACHMENTS:

Description Type

Summary of Action Plan Amendment Backup Material

SUMMARY OF PROPOSED ACTION PLAN AMENDMENTS

AMENDMENT NO. 12 FY 10/11 ACTION PLAN FOR NSP – B-10-MC-06-0510

CREATE

Program Eligibility Original Budget Proposed Action Amended Budget

NSP Housing Acquisition and Preservation Direct Homeownership Assistance (DPA) up to $50,000 to persons whose incomes do not exceed 120% of Area Median Income for properties that have been vacant, abandoned or foreclosed

B Acquisition

and Rehabilitation

$0

+$141,352*

$141,352

AMENDMENT NO. 4 FY 11/12 ACTION PLAN FOR CDBG – B-11-MC-06-0510

INCREASE CDBG FUNDS AND CHANGE SCOPE

Fire Station 1 Improvements [Paint and window replacement at] Rehabilitation of Fire Station 1, at 2101 ‘H’ Street ^

03O Fire Stations/ Equipment 570.201(c)

$120,000 +$20,000** $140,000

AMENDMENT NO. 5 FY 14/15 ACTION PLAN FOR CDBG/ HOME – B-14-MC-06-0510 M-14-06-0503

INCREASE HOME FUNDS

Housing Urban Bakersfield – Downpayment Assistance 0% loans up to $50,000 for downpayment & closing costs assistance to help low-income buyers purchase a home in Downtown, Southeast Bakersfield, and Old-Town Kern Project Areas

13 Direct Home Ownership Assistance 92.205(a)

$250,000 +$250,000 $500,000

DECREASE HOME FUNDS

New Construction Assistance Housing development costs associated with the acquisition and/or construction of affordable housing

12 Construction of Housing 92.205(a)

$536,644 -$250,000 $286,644

CREATE CDBG PROJECT

Dr. Martin Luther King Jr. Park and Community Center Lighting Improvements Lighting improvements at Dr. Martin Luther King Jr. Park and Community Center to promote energy efficiency and public safety

03F Parks,

Recreational Facilities 92.205(a)

$0 +$130,000 $130,000

*$141,352 NSP funds available through program income ** $150,000 CDBG funds available from project savings ^ Bracketed text proposed to be deleted, italics proposed to be added


MEETING DATE: 9/2/2015 New Business 13. a.


FROM: Alan Tandy, City Manager

DATE: 7/10/2015

WARD:

SUBJECT: League of California Cities Annual Conference appointment of voting delegate(s) and City Position on Conference Resolution(s).

STAFF RECOMMENDATION: Staff recommends Council appoint a voting delegate and alternate delegate(s) and adopt staff recommended positions on the League proposed resolutions.

BACKGROUND: The League of California Cities Annual Conference is scheduled for September 30th - October 2nd, 2015 in San Jose. The annual business meeting, during which proposed League resolutions will be considered, is scheduled for 12:00 p.m. on Friday, October 2nd, at the San Jose Convention Center. Currently, there are four (4) Councilmembers scheduled to attend the League Annual Conference, including Councilmembers Weir, Sullivan, Smith and Rivera. The League requires the Council to appoint one (1) of its members as the City's voting delegate and up to two (2) alternate voting delegates. In addition, the League has provided information on four (4) proposed resolutions that will be considered during the annual business meeting. A brief summary of the proposed resolutions along with a staff recommended position for each is provided below. Additional information regarding the designation of a voting delegate and the annual resolutions packet of information is attached to this administrative report. Resolution #1 - Resolution relating to League bylaws amendments regarding succession of League offices to fill vacancies. Summary: This resolution seeks to streamline the process when filling a vacancy for the office of President of the Board of Directors. It would allow for the League bylaws to be amended, allowing the Immediate Past President to fill an unexpected vacancy in the office of President for the remainder of the vacating President's term. Changes to League bylaws require a 2/3rds vote of the General Assembly. Staff Recommendation: Support

Resolution #2 - Resolution of the League of California Cites calling for legislation to preserve therapeutic environments for group homes and avoid impacts of overconcentration of alcohol and drug abuse recovery and treatment facilities in residential neighborhoods. Summary: This resolution calls for the Governor and the Legislature to work with the League and other stakeholders to explore options to address overconcentration of alcohol and drug abuse recovery and treatment facilities in residential neighborhoods while respecting important legal rights of patients and legal obligations of public entities, avoid the creation of institutional settings when multiple facilities are concentrated in a single location, and determine the appropriate balance between not-for-profit (including county) facilities and for-profit facilities in residential neighborhoods. Staff Recommendation: Support Resolution #3 - Resolution of the League of California Cities supporting SB 593 (McGuire) and continued local flexibility for cities as they address neighborhood and fiscal impacts of temporary rentals of residential units. Summary: This resolution seeks to highlight and increase support for SB 593 (McGuire), which is pending in the Legislature. SB 593, titled the Thriving Communities and Sharing Economy Act, seeks to bolster local efforts to regulate and collect transient occupancy taxes from the temporary rental of residential houses, condominiums, and apartments for tourists and transient use. The League is currently in support of this legislation. Staff Recommendation: Neutral Resolution #4 - Resolution calling upon the Governor and the Legislature to work with the League of California Cities to enact legislation or to otherwise compel Southern California Edison to create a program to automatically provide direct compensation to its customers affected by prolonged electrical power outages under specified circumstances. Summary: The proposed resolution calls upon the Governor and Legislature to enact legislation (or take other action) that will provide rebates in flat amounts to SCE customers for extended power outages under specified conditions. Staff Recommendation: Neutral

ATTACHMENTS:

Description Type

Designation of Voting Delegate Information Backup Material

Annual Conference Resolutions Packet Backup Material

Annual Conference Resolutions Packet

2015 Annual Conference Resolutions

San Jose

September 30 – October 2

INFORMATION AND PROCEDURES

RESOLUTIONS CONTAINED IN THIS PACKET: The League bylaws provide that resolutions shall be referred by the president to an appropriate policy committee for review and recommendation. Resolutions with committee recommendations shall then be considered by the General Resolutions Committee at the Annual Conference. This year, four resolutions have been introduced for consideration by the Annual Conference and referred to the League policy committees. POLICY COMMITTEES: Four policy committees will meet at the Annual Conference to consider and take action on the resolution referred to them. The committees are Administrative Services; Environmental Quality; Housing, Community and Economic Development; and Revenue and Taxation. These committees will meet on Wednesday, September 30, 2015, at the Hilton San Jose. The sponsors of the resolutions have been notified of the time and location of the meetings. GENERAL RESOLUTIONS COMMITTEE: This committee will meet at 1:00 p.m. on Thursday, October 1, at the San Jose Convention Center, to consider the reports of the four policy committees regarding the resolutions. This committee includes one representative from each of the League’s regional divisions, functional departments and standing policy committees, as well as other individuals appointed by the League president. Please check in at the registration desk for room location. ANNUAL LUNCHEON/BUSINESS MEETING/GENERAL ASSEMBLY: This meeting will be held at 12:00 p.m. on Friday, October 2, at the San Jose Convention Center. PETITIONED RESOLUTIONS: For those issues that develop after the normal 60-day deadline, a resolution may be introduced at the Annual Conference with a petition signed by designated voting delegates of 10 percent of all member cities (47 valid signatures required) and presented to the Voting Delegates Desk at least 24 hours prior to the time set for convening the Annual Business Meeting of the General Assembly. This year, that deadline is 12:00 p.m., Thursday, October 1. Resolutions can be viewed on the League's Web site: www.cacities.org/resolutions. Any questions concerning the resolutions procedures may be directed to Meg Desmond at the League office: [email protected] or (916) 658-8224

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http://www.cacities.org/resolutions

mailto:[email protected]

GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS

Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities is through the League’s eight standing policy committees and the board of directors. The process allows for timely consideration of issues in a changing environment and assures city officials the opportunity to both initiate and influence policy decisions. Annual conference resolutions constitute an additional way to develop League policy. Resolutions should adhere to the following criteria. Guidelines for Annual Conference Resolutions 1. Only issues that have a direct bearing on municipal affairs should be considered or adopted at the

Annual Conference. 2. The issue is not of a purely local or regional concern. 3. The recommended policy should not simply restate existing League policy. 4. The resolution should be directed at achieving one of the following objectives:

(a) Focus public or media attention on an issue of major importance to cities. (b) Establish a new direction for League policy by establishing general principals around which

more detailed policies may be developed by policy committees and the board of directors. (c) Consider important issues not adequately addressed by the policy committees and board of

directors. (d) Amend the League bylaws (requires 2/3 vote at General Assembly).

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LOCATION OF MEETINGS

Policy Committee Meetings Wednesday, September 30 Hilton San Jose 300 Almaden Boulevard, San Jose 9:00 a.m. – 10:30 a.m.: Environmental Quality Housing, Community & Economic Development 10:30 a.m. – Noon: Administrative Services Revenue and Taxation General Resolutions Committee Thursday, October 1, 1:00 p.m. San Jose Convention Center 150 West San Carlos Street, San Jose Annual Business Meeting and General Assembly Luncheon Friday, October 2, 12:00 p.m. San Jose Convention Center 150 West San Carlos Street, San Jose

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KEY TO ACTIONS TAKEN ON RESOLUTIONS

Resolutions have been grouped by policy committees to which they have been assigned.

Number Key Word Index Reviewing Body Action 1 2 3

1 - Policy Committee Recommendation to General Resolutions Committee 2 - General Resolutions Committee 3 - General Assembly

ADMINISTRATIVE SERVICES POLICY COMMITTEE 1 2 3

1 League Bylaw Amendment

ENVIRONMENTAL QUALITY POLICY COMMITTEE 1 2 3

4 Compensation for Prolonged Electrical Power Outages

HOUSING, COMMUNITY & ECONOMIC DEVELOPMENT POLICY COMMITTEE 1 2 3

2 Overconcentration of Alcohol & Drug Treatment Facilities 3 Residential Rentals, Support for SB 593 (McGuire)

REVENUE AND TAXATION POLICY COMMITTEE

1 2 3

3 Residential Rentals, Support for SB 593 (McGuire) Information pertaining to the Annual Conference Resolutions will also be posted on each committee’s page on the League website: www.cacities.org. The entire Resolutions Packet will be posted at: www.cacities.org/resolutions.

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http://www.cacities.org/

KEY TO ACTIONS TAKEN ON RESOLUTIONS (Continued)

Resolutions have been grouped by policy committees to which they have been assigned. KEY TO REVIEWING BODIES KEY TO ACTIONS TAKEN 1. Policy Committee

A Approve

2. General Resolutions Committee

D Disapprove

3. General Assembly

N No Action

R Refer to appropriate policy committee for

study ACTION FOOTNOTES

a Amend+

* Subject matter covered in another resolution

Aa Approve as amended+

** Existing League policy Aaa Approve with additional amendment(s)+

*** Local authority presently exists

Ra Refer as amended to appropriate policy committee for study+

Raa Additional amendments and refer+

Da Amend (for clarity or brevity) and

Disapprove+

Na Amend (for clarity or brevity) and take No Action+

W Withdrawn by Sponsor

Procedural Note: The League of California Cities resolution process at the Annual Conference is guided by the League Bylaws. A helpful explanation of this process can be found on the League’s website by clicking on this link: Resolution Process.

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http://www.cacities.org/Resources-Documents/Policy-Advocacy-Section/Policy-Development/Annual-Conference-Resolutions/Resolutions-Process

http://www.cacities.org/Resources-Documents/Policy-Advocacy-Section/Policy-Development/Annual-Conference-Resolutions/Resolutions-Process

2015 ANNUAL CONFERENCE RESOLUTIONS

RESOLUTION REFERRED TO ADMINISTRATIVE SERVICES POLICY COMMITTEE 1. RESOLUTION RELATING TO LEAGUE BYLAWS AMENDMENTS REGARDING

SUCCESSION OF LEAGUE OFFICES TO FILL VACANCIES Source: League Board of Directors Referred to: Administrative Services Policy Committee Recommendation to General Resolutions Committee: WHEREAS, the League of California Cities® is a nonprofit mutual benefit corporation under California law and, as such, is governed by corporate bylaws; and WHEREAS, the League’s Board of Directors periodically reviews the League’s bylaws for issues of clarity, practicality, compliance with current laws, and responsiveness to membership interests; and WHEREAS, on two occasions in recent years when vacancies arose in office of President of the Board of Directors after disappointing reelection results, the vacancy was filled in accordance with the League Bylaws by the First Vice President becoming President at the next Board meeting. This left a vacancy in the office of First Vice President that was filled by the Board by advancing the Second Vice President. This required recruiting a new Second Vice President that the Board chose, as provided in the Bylaws, from the ranks of the Board itself; and WHEREAS, in September 2014 the Board chose a new Second Vice President as usual and also a new First Vice President who had not previously served as Second Vice President because the prior Second Vice President was elected to county office and was no longer eligible. When the President was not reelected in November 2014, the First Vice President advanced to the office of President with only two months of experience as a League officer. Additionally, the Second Vice President was advanced to First Vice President; and WHEREAS, the Board of Directors believe this confluence of events twice in recent years demonstrates a weakness in the succession of League offices required by the League Bylaws because the accelerated advancement of officers in the event of a vacancy in the office of President may deprive the junior officers and the League of adequate time to serve and develop expertise and relationships in the offices of Second and First Vice President; and WHEREAS, it is the unanimous recommendation of the League Board that the League membership amend article VIII, section 4, of the League bylaws to allow the Immediate Past President to fill an unexpected vacancy in the office of President for the unexpired term if the Immediate Past President agrees. If not, the current succession process would occur; and now, therefore, be it,

RESOLVED, by the General Assembly of the League of California Cities assembled in Annual

Conference in San Jose, October 2, 2015, that article VIII, section 4 of the League bylaws be amended to read as follows:

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Article VIII: Officers Section 1: Identity. The officers of the League are a President, a First Vice-President, a Second Vice-President/Treasurer, an Immediate Past President, and an Executive Director. Section 2: Duties of League Officers.

(a) President. The President presides at all League Board meetings and all General Assemblies. The President has such other powers and duties as may be prescribed by these bylaws or the League Board.

(b) First Vice-President. The First Vice-President carries on the duties of the President in the

President’s temporary absence or incapacity. The First Vice-President has such other powers and duties as may be prescribed by these bylaws or the League Board.

(c) Second Vice-President/Treasurer. The Second Vice-President/Treasurer carries on the duties of the President in the President’s and First Vice-President’s temporary absence or incapacity. The Second Vice-President/Treasurer has such other powers and duties as may be prescribed by these bylaws or the League Board.

Section 3: Election. The League Board elects the League’s President, First Vice-President and Second Vice-President for terms of one year. The election occurs at the League Board’s meeting at the Annual Conference. Section 4: Vacancies. A vacancy in the office of President is filled at the next meeting of the League Board by the Immediate Past President who shall serve for the unexpired term of office and, upon election of a new President at the next Annual Conference, shall subsequently serve a full term as Immediate Past President. In the event the Immediate Past President is not available to fill the vacancy in the office of the President, or declines in writing, it shall be filled by the succession of the First Vice-President to that office. A vacancy in the office of First Vice-President, or Second Vice-President/Treasurer, is filled for the un-expired term by appointment by the League Board of a member of the League Board. A vacancy in the office of the Immediate Past President is filled for the un-expired term by the last Past President continuing to hold a city office.

//////////

Background Information on Resolution No. 1

Source: League Board of Directors Background: In 2010 and again recently in 2014 the city official elected League President at the Annual Conference in September was not returned to office by the voters of their city. This development triggered a series of steps laid out in the order of succession in the League Bylaws that mandates that the First Vice President advance to the office of President at the next Board meeting and that the Board fill the vacancy in the office of First Vice President for the remainder of the term.

7

When the Board filled the League offices in September 2014, the Second Vice President could not advance to First Vice President since she had been elected to the office of county supervisor and was ineligible to serve. Consequently the Board selected two directors to fill both the offices of First Vice President and Second Vice President. Neither had previously served as a League officer. When the vacancy in the office of President occurred after the November general election, the First Vice President advanced to the office of President after having served only two months as a League officer in contrast to the normal advancement process of twenty-four months. The Second Vice President was advanced to the office of First Vice President after having served only two months as a League officer. The Board also chose a new Second Vice President. At the February, 2015 meeting of the League Board of Directors, the Executive Committee recommended unanimously an amendment to the order of succession in Art. VIII, Sec. 4 of the League Bylaws. The proposed amendment would allow the most experienced member of the Executive Committee, the Immediate Past President, to fill out the remainder of the term of office of a President who leaves the office before its term is completed if the Immediate Past President is willing and able to do so. This arrangement would allow the First Vice President to continue serving and to advance to the office of President on the schedule envisioned by the League Bylaws. If the Immediate Past President were unable or unwilling to serve, the existing order of succession would occur.

//////////

League of California Cities Staff Analysis on Resolution No. 1

Staff: Alicia Lewis Committee: Administrative Services Policy Committee Summary: This resolution seeks to streamline the succession process when filling a vacancy for the office of President of the Board of Directors. It would allow for the League bylaws to be amended, allowing the Immediate Past President to fill an unexpected vacancy in the office of President for the remainder of the vacating President’s term. Changes to League bylaws require a 2/3 vote of the General Assembly. Background: The past few years have yielded several occasions where the succession line for Board of Directors leadership was disrupted due to disappointing election results and officers taking office outside of city government. In September 2014 the Board chose a new First and Second Vice President. The First Vice President had not previously served as Second Vice President because the prior member was elected to county office and therefore no longer eligible. When the President was not reelected in the November 2014, the First Vice President advanced to the office of President with only two months of experience as a League officer. Additionally, the Second Vice President was advanced to First Vice President. This transition far outpaced the normal process for advancing as an officer on the Board of Directors. Fiscal Impact: This impact of this resolution would have no fiscal impact. Comments: The nature of this resolution is to ensure that there is a smooth succession process in place and that current Vice-Presidents (First and Second) have ample time to prepare for their role as President. By

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allowing the Immediate Past President to finish out the term of a vacated presidency the Board would ensure there is minimal disruption to the workflow and goals of the association. RESOLUTION REFERRED TO HOUSING, COMMUNITY & ECONOMIC DEVELOPMENT POLICY COMMITTEE 2. A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES CALLING FOR

LEGISLATION TO PRESERVE THERAPEUTIC ENVIRONMENTS FOR GROUP HOMES AND AVOID IMPACTS OF OVERCONCENTRATION OF ALCOHOL AND DRUG ABUSE RECOVERY AND TREATMENT FACILITIES IN RESIDENTIAL NEIGHBORHOODS

Source: City of Malibu Concurrence of five or more cities/city officials: Cities: Artesia; Duarte; La Canada Flintridge; Lakewood; Lomita; and Pico Rivera. City Officials: Los Angeles Council Member Mitchell Englander Referred to: Housing, Community and Economic Development Policy Committee Recommendation to General Resolutions Committee: WHEREAS, residential group home facilities provide valuable rehabilitation and support services for those who live in them, which benefits the greater society; and WHEREAS, state departments license these facilities through several state agencies, and operators are required to meet various state statutory requirements; and WHEREAS, in addition to residents, these facilities often include live-in managers and other staff, who provide a variety of services to residents which may include meals, workshops, training, counseling and other services. These uses and services may also require frequent deliveries to be made to the facility, shuttle van service provided to residents, and additional automobile traffic due to shift changes, visiting hours, and other activities. Collectively, these uses often generate more noise and activity than expected from a traditional single-family home; and WHEREAS, the overconcentration of residential group homes changes the character of neighborhoods as they become centers for the delivery of various services. This environment not only creates a disruption to long-time residents, it can also diminish the quality of the residential treatment experience for group home residents as the neighborhood assumes a more institutional setting; and WHEREAS, the State and local governments operate in partnership regarding the location of these residential care facilities in residential neighborhoods in order to carry out the policy of the State to prevent overconcentration of such facilities in these neighborhoods; and WHEREAS, the state has adopted a 300 foot separation requirement between facilities licensed by the Department of Social Services, 1 but these siting standards have not been extended to apply to facilities licensed by other state agencies such as the Department of Health Care Services or other licensed or unlicensed facilities; and WHEREAS, it is the policy of the State that each county and city permit and encourage development of sufficient numbers and types of alcoholism or drug abuse recovery or treatment facilities as are commensurate with local need;2 and 1 Health & Safety Code Section 1520.5 2 Health & Safety Code Section 11834.20

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WHEREAS, the California Fair Employment and Housing Act includes legal protection against discrimination against persons with disabilities through zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law;3 and WHEREAS, the Americans with Disabilities Act requires public entities to make reasonable accommodations in policies, practices, or procedures to avoid discrimination on the basis of a disability;4 and WHEREAS, there is no provision in State law that allows for the consideration of the impact of alcoholism or drug abuse recovery or treatment facilities on single-family neighborhoods or the overconcentration of these facilities as there is for residential group home facilities; and WHEREAS, many community concerns could be addressed if State agencies communicated and collaborated more with local governments; and WHEREAS, the League of California Cities is committed to working in partnership with the Legislature and Administration to address overconcentration of alcohol and drug abuse recovery and treatment facilities in residential neighborhoods while respecting important legal rights of patients and legal obligations established by State and federal law. RESOLVED, at the League of California Cities General Assembly, assembled at the League Annual Conference on October 2, 2015 in San Jose, that the League calls for the Governor and the Legislature to work with the League and other stakeholders to address the following issues: 1. Explore options to address overconcentration of alcohol and drug abuse recovery and treatment

facilities in residential neighborhoods while respecting important legal rights of patients and legal obligations of public entities.

2. Avoid the creation of institutional settings when multiple facilities are concentrated in a single location, while also reducing noise, congestion and other concerns often raised by residents in residential neighborhoods.

3. Determine the appropriate balance between not-for-profit (including county) facilities and for-profit facilities in residential neighborhoods.

//////////

Background Information on Resolution No. 2

Source: City of Malibu Background: State law preempts local zoning regulation for licensed drug and alcohol treatment facilities. State and federal anti-discrimination laws require cities to treat facilities that function as single housekeeping units the same as any other “family.” In many areas of the state, these facilities are impacting residential neighborhoods because their concentration in certain neighborhoods tends to change the character of the area from a residential neighborhood to more like a hospital and institutional zone in terms of the land use impacts. In order to avoid overconcentration in residential neighborhoods, most state-licensed group homes are required by state law to meet certain distancing requirements from other licensed group homes. Alcohol 3 Government Code 12955(l) 4 42 U.S.C. Section 12134

10

and drug programs are treated differently under state law in this respect and no distancing requirements apply. In fact, the state licensing agency does not impose any restrictions on the number of facilities in the vicinity of one another and have been allowing licensees to obtain two licenses on one lot and to operate integrated multi-structure facilities under the guise of multiple single-family residential licenses. Similarly, state law currently requires private foster family agencies operating in residential zones to be organized and operated on a nonprofit basis, while drug and alcohol programs and sober living homes are permitted to operate as a for-profit business in residential zones. The addiction recovery industry has become big business. There are now thousands of treatment facilities and sober living homes in California and the number is rapidly increasing. State policy sought integration of group homes into residential neighborhoods, not disintegration of the residential character of the neighborhoods. A course correction is required to advance state policy. Through zoning authority, cities can preserve the very neighborhoods that the community-care model depends on to provide the therapeutic environment of a residential neighborhood. Distancing requirements both respond to the biggest concern of local government (over concentration that impairs neighborhood character) and advances state policy. In addition, limiting the zoning preemption to non-profit programs will also assist in preserving the integrity of residential neighborhoods.

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League of California Cities Staff Analysis on Resolution No. 2 Staff: Dan Carrigg Committee: Housing, Community and Economic Development Summary: This Resolution calls for the Governor and the Legislature to work with the League and other stakeholders to explore options to address overconcentration of alcohol and drug abuse recovery and treatment facilities in residential neighborhoods while respecting important legal rights of patients and legal obligations of public entities, avoid the creation of institutional settings when multiple facilities are concentrated in a single location, and determine the appropriate balance between not-for-profit (including county) facilities and for-profit facilities in residential neighborhoods. Background: The City of Malibu is sponsoring this resolution as a way of highlighting an issue that continues to create zoning and land use problems in single-family neighborhoods. While this is not a new issue for the League and its cities, and the League has existing policy in this area, the sponsors view the passage of this resolution as helpful in restarting conversations with the Legislature and the Governor’s Administration that can hopefully lead to productive solutions. HCED Committee member and Malibu Council Member Lou La Monte raised this issue at the Committee’s June meeting, where he presented a resolution that had recently been adopted by the California Contract Cities Association on May 15. The Committee encouraged him to work with League staff in his effort to draft a measure to be presented at the League’s annual conference. League staff worked with Mr. La Monte in this regard, mostly in helping ensure that the various “whereas clauses” appropriately reflect the important legal rights of patients and obligations of public entities that Legislators will expect to be balanced in any solutions to local land use issues. Resolved Clauses from Recent CCCA Resolution: NOW THEREFORE, the Members of the California Contract Cities Association hereby re-affirms its commitment to cooperation among units of government that serve the people of California and urges the

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California state legislature to enact legislation that empowers local government to preserve the residential character of neighborhoods necessary to effect state policy regarding group homes as follows:

1. Amend the state law to provide the same distancing and notice requirements for ADP facilities as it does for Community Care Act facilities;

2. Enact legislation providing standards that prevent overconcentration of unlicensed sober living homes to maintain residential character of neighborhoods which has therapeutic benefit for the occupants; and

3. Restrict the zoning preemption for licensed ADP facilities to those owned and operated by non-profit organizations.

Fiscal Impact: Minor, if any. Comment:

1) The League has significant existing policy in this area. In the past the League has had internal task forces and sponsored and supported various legislative proposals.

2) Making significant progress in this area has been difficult in the Capitol. Federal and state fair

housing and anti-discrimination laws and various court decisions have bearing on local authority in this area. Patient advocacy groups and sympathetic legislators have been suspicious of any solutions that they see as limiting patient access. Thus, any effort to develop solutions to address local land use concerns must also remain sensitive to these issues and the perspective of legislators that sit on committees with jurisdiction in these areas.

Existing League Policy: Related to this Resolution, existing policy provides:

• The League supports permitting cities to exercise review and land use regulation of group home facilities and residential care facilities in residential neighborhoods including the application of zoning, building and safety standards. State and county licensing agencies should be required to confer with the city’s planning agency in determining whether to grant a license to a community care facility. The League recognizes that better review and regulation of residential care facilities will protect both the community surrounding a facility and the residents within a facility from a poorly managed facility or the absence of state oversight.

• The League supports state legislation to require a minimum distance of 300 feet between all new and existing residential care facilities. The League supports notification of cities about conditional release participants residing in group homes.

RESOLUTION REFERRED TO HOUSING, COMMUNITY & ECONOMIC DEVELOPMENT AND REVENUE & TAXATION POLICY COMMITTEES 3. A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING SB 593

(MCGUIRE) AND CONTINUED LOCAL FLEXIBILITY FOR CITIES AS THEY ADDRESS NEIGHBORHOOD AND FISCAL IMPACTS OF TEMPORARY RENTALS OF RESIDENTIAL UNITS

Source: City of West Hollywood Concurrence of five or more cities/city officials: Cities of Healdsburg, Mammoth Lakes, Napa, Piedmont, Santa Cruz, Santa Monica, Sonoma Referred to: Housing, Community & Economic Development; Revenue & Taxation Policy Committees Recommendation to General Resolutions Committee:

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WHEREAS, the temporary rental of residential houses, condominiums, rooms, and apartments for tourist or transient use is a developing part of the sharing economy; and

WHEREAS, while these rentals provide additional options to the traveling public, and income to affected property owners or tenants, it is also important that such rentals comply with local laws, regulations and ordinances; and

WHEREAS, the temporary rental of residential houses, condominiums, rooms, and apartments

for tourist or transient use can present numerous challenges to neighborhoods and adjacent property owners and create additional noise, traffic, parking, privacy and public safety issues, subvert local rent-control laws, decrease available housing stock and in some cases turn residential neighborhoods into de-facto hotel rows; and

WHEREAS, where temporary rental of residential units for tourist or transient use is allowed in

conformance with local laws, regulations and ordinances, the applicable transient occupancy tax (TOT) should also be collected. The temporary rental of residential units for tourist or transient use is in direct competition with hotels, motels and other accommodations where guests pay the local TOT, so all such uses should be subject to the same tax. The revenues generated support local streets, roads, fire, police, lifeguards, trash pick-up, park maintenance and other local public services which directly affect local quality of life and the attraction of the community for a visitor; and

WHEREAS, the Thriving Communities and Sharing Economy Act, introduced as SB 593 by Senator Mike McGuire (D-2, Healdsburg), prohibits the operators of transient residential hosting platforms from advertising residential units for tourist or transient use if such use will violate any ordinance, regulation, or law within the applicable city or county that opts into its provisions, and requires the confidential quarterly reporting to the city or county of the following information (if the City or County adopts an ordinance requiring the reporting of the data):

1. The address of each residential unit that was occupied for tourist or transient use during the

quarterly period. 2. The total number of nights the residential unit was occupied for tourist or transient use. 3. The amounts paid for the occupancy of the residential unit for tourist or transient use.

WHEREAS, the provisions of SB 593 bolster existing local authority to enforce local ordinances

and collect revenue associated with the temporary rental of residential units by allowing local agencies access to the data necessary to enforce their ordinances and requiring short-term rental hosting platforms to collect local TOT and remit it to the appropriate jurisdiction if short-term rentals are allowed in that jurisdiction; and

WHEREAS, the provisions of SB 593 provide a helpful regulatory framework that cities and

counties may choose in lieu of exercising their existing authority; and WHEREAS, the League of California Cities supports SB 593 because it recognizes and

preserves local flexibility to address the temporary rental of residential units in the manner that best fits with the unique issues and conditions found in each local jurisdiction; and

WHEREAS, SB 593 provides local jurisdictions with the data and framework necessary to

collect TOT revenues from short-term rentals, to pay for vital local services; and WHEREAS, SB 593 provides local jurisdictions with the data and framework necessary to

enforce local regulations designed to ensure the safety of the public and residents living adjacent to short-term rentals; and

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WHEREAS, despite any existing challenges faced by cities in regulating or collecting revenue from the temporary rental of residential units, cities would oppose any effort to undermine their existing local authority to regulate land use or collect local TOT revenue.

RESOLVED, at the League of California Cities General Assembly, assembled at the League Annual Conference on October 2, 2015 in San Jose, as follows:

1. Land use regulation and local tax collection are best overseen and implemented locally.

2. While temporary rental of residential units can offer innovative opportunities for travelers and property owners within the developing sharing economy, cities must retain flexibility to address any problems raised by such uses in a manner that reflects the unique issues and conditions in their communities.

3. Cities have existing legal authority and tools to regulate and collect revenue from the

temporary rental of residential units, and SB 593 provides the data and framework that supports and bolsters such local efforts.

4. The League encourages cities to support SB 593.

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Background Information on Resolution No. 3 Source: City of West Hollywood Background: The sharing economy has quickly become common place in the everyday life of many individuals, whether they participate in ride-sharing, have rented a short-term residential unit, or live in a community were either is prevalent. The sharing economy has provided benefits to many, but also includes many issues that must be addressed in order to allow these sharing practices to effectively incorporate into our communities. Specifically, the short-term rental of residential units has grown exponentially within the last several years throughout the State, and its impacts need to be addressed. Presently, many cities and counties prohibit the renting of residences for less than 30 days. However, these prohibitions are frequently ignored by Online Vacation Rental Businesses (“OVRBs”), causing unwanted burdens on cities while reducing TOT collection from sanctioned hotels. The short-term rental of residential properties presents numerous challenges within neighborhoods and to adjacent property owners. They may create additional noise, traffic, parking, privacy and public safety issues, subvert local rent-control laws, decrease available housing stock and in some cases turn residential neighborhoods into de-facto hotel rows. The rentals facilitated by OVRB’s in these cities and counties go against the expressed wishes of the residents. For the cities and counties that do allow short-term residential rentals, most require hosts to register and that transient occupancy taxes be paid. However, registration and payment of TOT in these cities and counties are based on the owners of the short terms residential units voluntarily reporting their rental activity. However, there has been a severe under-registration of hosts and underpayment of TOT. Only 10% of hosts in San Francisco have followed the city ordinance to register. Sonoma County has had to spend in excess of $200,000 in an attempt to track down those rentals that are not paying the required TOT under the ordinance. And Los Angeles is currently experiencing a rental housing shortage due in part to the recent popularity of OVRBs.

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Cities and counties have been unable to obtain this information due to the fact that OVRB’s pass their responsibility to individual homeowners. This lack of oversight and enforcement presents a gap in accountability, and as a result, local laws and regulations are not being followed. Sen. Mike McGuire’s Thriving Communities and Sharing Economy Act (SB 593) will provide local jurisdictions with the data and framework necessary to collect TOT revenues from short-term rentals, to pay for vital local services; or conversely, the data necessary to help cities enforce local regulations designed to ensure the safety of the public and residents living adjacent to short-term rentals, if those rental are not allowed. Specifically, SB 593 would: 1) Prohibit the operators of short-term residential hosting platforms from advertising residential units for tourist or transient use if such use will violate any ordinance, regulation, or law, within the applicable city that opts into the bill’s provisions; 2) Require short-term rental housing platforms to collect and remit applicable transient occupancy tax (if short-term rentals are allowed in the city and the collection of TOT is required by the city); and 3) Require the confidential quarterly reporting of the address of each residential unit that was occupied for tourist or transient use during the quarterly period, the total number of nights the residential unit was occupied for tourist or transient use, and the amounts paid for the occupancy of the residential unit for tourist or transient use. The premise of SB 593 is simple: reinforce local laws already on the books. Where vacation rentals are legal, the bill will assist local jurisdictions in their regulation and collection of Transient Occupancy Taxes, (TOT) as more than 430 cities and 56 counties impose a TOT. Where vacation rentals are illegal by local ordinance, the bill will prohibit online vacation rental businesses from making a rental. The Thriving Communities and Sharing Economies Act will empower local control, provide desperately needed funding for parks, local roads, fire and police services, and promote safe neighborhoods. SB 593 will require online vacation rental businesses to disclose information to cities and counties and/or collect and disperse Transient Occupancy Tax dollars – projected to be in the hundreds of millions of dollars statewide. The emerging short term rental industry is an important segment of the state economic fabric and an issue of statewide importance. SB 593 would assist in facilitating a shared economy that will be beneficial to California’s cities and their residents.

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League of California Cities Staff Analysis on Resolution No. 3 Staff: Dan Carrigg Committees: Housing, Community & Economic Development; Revenue & Taxation Summary: This Resolution seeks to highlight and increase support for SB 593 (McGuire), which is pending in the Legislature. SB 593, titled the Thriving Communities and Sharing Economy Act, seeks to bolster local efforts to regulate and collect transient occupancy taxes from the temporary rental of residential houses, condominiums, rooms, and apartments for tourists and transient use. The League is currently in support of this legislation. Background: The City of West Hollywood and other cities are sponsoring the resolution in an effort to expand awareness of the issue among cities and encourage additional support for SB 593. They view the

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legislation as helpful in bolstering local efforts to appropriately regulate a growing vacation rental industry. The author introduced SB 593 based upon his past experience as both former Mayor of Healdsburg and a Sonoma County Supervisor. These areas are popular with tourists, and the affected communities are facing increasing land use and revenue collection issues. SB 593 is currently on the Senate Floor and is considered a “two-year bill,” meaning that it cannot move until January 2016. In addition to the League, SB 593 has a broad range of support: Support: American Federation of State, County, and Municipal Employees, AFL-CIO; American Hotel and Lodging Association; Asian American Hotel Owners Association; American Insurance Association; Association of California Insurance Companies; Andaz West Hollywood General Manager Lin Schatz; Association for Los Angeles Deputy Sheriffs; City of Big Bear Lake; Borrego Springs Chamber of Commerce & Visitors Bureau; California Apartment Association; California Association of Boutique and Breakfast Inns; California Association of County Treasurers and Tax Collectors; California Apartment Association; California Association of Code Enforcement Officers; California College and University Police Chiefs Association; California Narcotics Officers Association; California Police Chiefs Association; California Hotel and Lodging Association; California Labor Federation; California Professional Firefighters; California State Association of Counties; California Teamsters Public Affairs Council; Contra Cost County Treasurer-Tax Collector Russell Watts; Paul Desterman, Mindy Desterman; El Dorado County Treasurer-Tax Collector C.L. Raffety; Douglas Engmann; Fairmont San Jose General Manager Kelley Cosgrove; Hilton Los Angeles/Universal City General Manager Mark Davis; Hotel Association of Los Angeles; Hotel Council of San Francisco; Humboldt County Convention and Visitors Bureau; International Faith Based Coalition; League of California Cities; Long Beach Firefighter Association; Los Angeles Alliance for a New Economy; Los Angeles Police Protective League; Town of Mammoth Lakes; Marin County Council of Mayors and Councilmembers; Marriot Courtyard in Larkspur General Manager Sam Pahlavan; Denise McNicol; Mendocino County Board of Supervisors; Mendocino County Treasurer-Tax Collector Shari Schapmire; Mono County Board of Supervisors; Ashok Mukherje; National Association of Mutual Insurance Companies; Neighbors for Overnight Oversight; Jenny Oaks; Pacific Association of Domestic Insurance Companies; Riverside Sheriffs Association; Rural County Representatives of California; Sacramento Hotel Association; San Diego County Hotel-Motel Association; San Franciscans for Reasonable Growth; San Luis Obispo County Auditor-Controller-Treasurer-Tax Collector James Erb; San Mateo County Central Labor Council; Santa Cruz County Convention and Visitors Council; Service Employees International Union; ShareBetter San Francisco; Sierra County Auditor-Treasurer-Tax Collector Van Maddox; Siskiyou County Treasurer-Tax Collector Wayne Hammar; Sonoma County Auditor-Controller-Tax Collector David Sundstrom; Sonoma County Board of Supervisors; City of Thousand Oaks; Tulare County Auditor-Controller-Treasurer-Tax Collector Rita Woodard; Tuolumne County Treasurer-Tax Collector Shelley Piech; UNITE-HERE, AFL-CIO; United Firefighter of Los Angeles City, Local #112; Natasha Yankoffski. Opposition: Airbnb; Consumer Watchdog; Internet Association, TechNet. Fiscal Impact: Transient Occupancy Taxes are a significant source of local revenue. Many cities and counties are encountering challenges identifying units in their community that are being used as vacation rentals and collecting associated revenue. Where vacation rentals are permitted by local ordinance, the passage of SB 593 can assist local efforts, thereby increasing local revenues to support local services. Comment:

3) Earlier this year the League’s Housing Community and Economic Development Committee and Revenue and Taxation Committee reviewed an earlier version of SB 593 and initially adopted a

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Support, If Amended position, which was concurred with by the League board. The author later incorporated the League’s amendments into the bill and the League issued a support letter on the current version of the bill.

4) Local governments already have extensive authority to regulate land use and collect local taxes. While vacation rentals may be an increasingly popular option for the traveling public, local ordinances are beginning to adjust. The League supports SB 593 because it is crafted in a way that supports local authority in dealing with this emerging issue. Local agencies can either opt in to its provisions or continue to address issues differently under their existing local authority.

Existing League Policy: Related to this Resolution, existing policy provides: HCED Policy: The League believes that local zoning is a primary function of cities and is an essential component of home rule. Rev. & Tax Policy: Additional revenue is required in the state/local revenue structure. There is not enough money generated by the current system or allocated to the local level by the current system to meet the requirements of a growing population and deteriorating services and facilities. RESOLUTION REFERRED TO ENVIRONMENTAL QUALITY POLICY COMMITTEE 4. RESOLUTION CALLING UPON THE GOVERNOR AND THE LEGISLATURE TO

WORK WITH THE LEAGUE OF CALIFORNIA CITIES TO ENACT LEGISLATION OR TO OTHERWISE COMPEL SOUTHERN CALIFORNIA EDISON TO CREATE A PROGRAM TO AUTOMATICALLY PROVIDE DIRECT COMPENSATION TO ITS CUSTOMERS AFFECTED BY PROLONGED ELECTRICAL POWER OUTAGES UNDER SPECIFIED CIRCUMSTANCES.

Source: City of Rancho Palos Verdes Concurrence of five or more cities/city officials: Cities of Hermosa Beach, Lomita, Palos Verdes Estates, Rolling Hills and Rolling Hills Estates Referred to: Environmental Quality Policy Committee Recommendations to General Resolutions Committee: WHEREAS, local governments in California are often reliant upon investor-owned private utility companies for the provision of electrical power to their citizens, businesses and institutions; and, WHEREAS, the reliability and consistency of electrical supply and transmission is critically important to local governments to ensure the protection of the public safety, health and general welfare of communities; and, WHEREAS, prolonged disruptions in electrical service can jeopardize the health of citizens who have a variety of physical challenges and rely on a constant source of power for medical devices; the safety of senior citizens who are particularly susceptible to injury if power outages persist for long periods of time into evening hours; and the financial well-being of citizens, businesses and institutions that suffer from the loss of food, medication and other perishable items during prolonged power outages; and, WHEREAS, Southern California Edison (SCE), an investor-owned utility serving 15 million customers in Southern and Central California, experiences frequent and prolonged service disruptions due to both planned and unplanned outages, equipment failures and weather-related events, which adversely affect local governments within its service area; and,

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WHEREAS, SCE has been fined by the California Public Utilities Commission in the past due to prolonged service disruptions, most recently being levied a $24.5 million penalty as a result of a prolonged outage that resulted from a wind storm in 2011; and, WHEREAS, although SCE provides a claim process by which its customers may seek compensation for financial losses incurred as a result of prolonged service disruptions, SCE appears to reject most such claims; which places an unreasonable burden upon its customers and creates a false impression that customers will be compensated for their losses; and, WHEREAS, at least one other investor-owned utility in California, Pacific Gas and Electric (PG&E) in Northern and Central California, has existing programs and procedures in place (“Safety Net” and “Service Guarantee”) that automatically and directly compensate its customers when they are affected by prolonged service disruptions, including disruptions due to weather events and other causes, without the need for customers to seek compensation through a claim process; and, WHEREAS, these PG&E programs provide for “Storm Inconvenience Payments” of $25 to $100 for weather-related service disruptions of forty-eight (48) hours or more; as well as $30 service credits in instances of where the customer’s electrical service is not restored within four (4) hours, or the customer is not provided with a time for service restoration within four (4) hours; the customer is without electrical service for twenty-four (24) hours or more in the event of unplanned service disruptions (unless the cause of the disruption is completely beyond the utility’s control); and the customer is without electrical service as a result of a planned service interruption where less than seventy-two (72) hours’ notice is provided to the customer; and, WHEREAS, local governments within SCE’s service area believe that requiring SCE to implement automatic and direct compensation programs for prolonged service disruptions, similar to those implemented by PG&E, will provide tangible relief to citizens, businesses and institutions that are adversely affected by prolonged outages, and will incentivize SCE to improve the reliability of its equipment and service; and now therefore let it be, RESOLVED by the General Assembly of the League of California Cities, assembled in San Jose on October 2, 2015, that the League calls for the Governor and the Legislature to work with the League of California Cities to enact legislation or to otherwise compel SCE to create a program to automatically provide direct compensation to its customers affected by prolonged electrical power outages under specified circumstances; and let it be, FURTHER RESOLVED that such program shall be modeled upon PG&E’s “Safety Net” and “Service Guarantee” programs, and shall cover weather-related events and planned and unplanned service disruptions.

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Background Information on Resolution No. 4 Source: City of Rancho Palos Verdes Background: The City of Rancho Palos Verdes and other cities in the South Bay region of Los Angeles County have longstanding concerns regarding the ineffective process by which Southern California Edison (SCE) addresses residents’ claims, and desires to obtain the League’s assistance in correcting that process. On the Palos Verdes Peninsula, SCE’s aged infrastructure has caused fires and repeated, prolonged power

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outages. The prolonged power outages are the focus of this request, because they adversely affect residents in a variety of ways, particularly:

• Residents who have a variety of physical challenges and rely on a constant source of power for medical devices;

• Residents who are senior citizens and are particularly susceptible to injury if power outages persist for a long period of time into the evening hours; and,

• Residents who suffer financial burdens as a result of losing food, medication and other perishable items during prolonged power outages.

The California Public Utilities Commission (CPUC) has the authority to impose penalties on utilities, including for prolonged power outages, and did so in connection with an extreme wind event that occurred in the Los Angeles area in 2011. However, the CPUC is not authorized to award claims to residents for prolonged electrical power outages. If a resident has a claim he or she wishes to pursue, the resident must file a claim with SCE, along with documentation of the financial loss that was incurred. If the claim is rejected, the resident then must file a lawsuit against SCE (probably in small claims court). Most residents will not want to spend the time and effort to pursue small claims for monetary damages arising from extended power outages. SCE only awards claims for damages caused by its own negligence. This means that if an extended power outage is caused by a weather-related event, the claim will be denied. The SCE website also states that it will not cover claims for power surges. Since SCE often moves power from one line to another to enable repairs and maintenance, SCE can be the cause of the power surge, but residents still will not receive compensation for those claims. Proposed Legislation The proposed resolution calls upon the Governor and Legislature to enact legislation (or take other action) that will provide rebates in flat amounts to SCE customers for extended power outages under specified conditions. The proposed legislation could be modeled on the “Safety Net” and “Service Guarantee” programs offered by Pacific Gas and Electric (PG&E), another California-based investor-owned utility, which provides specific rebates to its customers based upon the type, cause and duration of service interruptions. These penalties are designed to provide direct compensation to SCE’s customers who are adversely affected by prolonged power outages, and to incentivize SCE to restore the power as quickly as possible. They also will eliminate the frustration that SCE’s customers experience as a result of SCE’s existing claim process.

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League of California Cities Staff Analysis on Resolution No. 4 Staff: Jason Rhine Committee: Environmental Quality Summary: Resolution No. 4 calls upon the Governor and the Legislature to work with the League of California Cities to enact legislation or to otherwise compel Southern California Edison (SCE) to create a program to automatically provide direct compensation to its customers affected by a prolonged electrical power outage under specified circumstances. Background: City of Rancho Palos Verdes asserts that the South Bay region of Los Angeles County has longstanding concern regarding the ineffective process by which SCE addresses residents’ claims associated with

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prolonged electrical power outages. The City believes that SCE’s aged infrastructure has caused fires and repeated, prolonged electrical power outages. Prolonged electrical power outages can adversely affect residents who have physical challenges and rely on a constant source of power for medical devices; residents who are senior citizens and are particularly susceptible to injury if electrical power outages persist for a long period of time into the evening hours; and, residents who suffer financial burdens as a result of losing food, medication and other perishable items during prolonged electrical power outages. According to information provided by SCE, SCE has the following customer compensation program: Service Guarantee Program SCE shall provide the following four service guarantees to its electric customers and provide a $30 credit when these service guarantees are not met. Unless otherwise stated below, the four service standards apply only to active service accounts served under the Residential, General Service and Industrial, or Agricultural and Pumping rate schedules.

• Restoration of Service Within 24 Hours: SCE will restore electrical service within 24 hours of when SCE first becomes aware of a power outage. The first credit will be applied if the outage exceeds 24 hours. Additional credits will be applied for each succeeding 24-hour period that the customer is without service. Partial credits will not be paid for outage periods less than a full 24-hour increment. Power outages associated with a moderate, severe, or catastrophic storm condition are exempt from the program.

• Missed Appointments: When an appointment for a field service visit is made with a customer for a specific appointment time, and the customer’s presence is required for establishing new service, a billing inquiry, or meter installation, SCE will arrive at the agreed upon appointment within 30 minutes before or after the scheduled time.

• Notification of Planned Outages: SCE will provide customers with notification of a planned outage at least three calendar days prior to the event. SCE will notify customers either by US Postal Service mail, by phone, in-person or door-to-door through door hangers, or by e-mail if SCE has the customer’s e-mail address on file. If a planned outage is rescheduled to a new date not specified in the original notice to the customer, SCE will provide a new notice at least three calendar days in advance of the rescheduled planned outage.

• Timely and Accurate First Bill: SCE will issue an accurate first bill to a new customer of record within 60 days of establishing service. The bill and bill accuracy is defined according to the terms and conditions of SCE’s Rule 9 (Rendering and Payment of Bills) and Rule 17 Section A (Adjustment of Bills and Meter Tests Usage) and Section D (Adjustment of Bills for Billing Error). The service guarantee credit process will be initiated once SCE is aware that the first bill was either inaccurate or issued beyond sixty days of establishing service. The first bill for any given customer account is eligible for only one service guarantee credit regardless of whether the bill is late, inaccurate, or both.

According to PG&E’s website, PG&E offers the following customer compensation programs: Compensation for Extended Outages STORMS MESSAGE: If you are a residential customer and have gone without power for at least 48 hours due to severe storm conditions, you may qualify for a payment under PG&E's Safety Net Program. This program provides for the automatic payment of $25 - $100, which is paid about 60 days following the storm outage. In some cases, processing may take 90-120 days (heavy storm season).

Safety Net Program We understand how inconvenient it is for customers who go without power for 48 hours or longer due to severe events, such as a storm. That is why PG&E created the following:

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• PG&E will provide payments to residential customers we determine were without power for more than 48 hours due to a severe storm.

• The payments will range from $25 up to $100, depending on the length of the outage. Eligibility

• The Storm Inconvenience Payment provision of the Safety Net Program applies to residential customers only (rate schedules E-1, E-6, E-7, E-8, E-9, EM, ES, ESR, ET, and EV); customers also may be enrolled in programs such as CARE and medical baseline.

• Businesses, agricultural accounts, multi-family building common areas, streetlights, and all other customers other than residential customers are ineligible for Storm Inconvenience Payments.

• Storm Inconvenience Payments will not be issued to customers in areas where access to PG&E's electric facilities was blocked (mud slides, road closures or other access issues). Also, if customer equipment prevented restoral or extended customer outage (ex. weatherhead, service drop, etc.).

• The outage must have occurred during a major weather-related event that caused significant damage to PG&E's electric distribution system.

• The outage must have lasted more than 48 hours. • Storm Inconvenience Payments are in increments of $25 ($100 maximum per event).

Payment levels are based on the length of the customer's outage: o 48 to 72 hours $25 o 72 to 96 hours $50 o 96 to 120 hours $75 o 120 hours or more $100

• Both bundled-service and direct-access residential customers qualify for Storm Inconvenience Payments.

• Storm Inconvenience Payments will be issued to the customer of record. • A customer with multiple residential services such as a primary residence and a vacation

home is eligible for Storm Inconvenience Payments at each location where there was a storm-related outage of more than 48 hours.

• Customers must have an open account (service agreement) in good standing at the time of the outage and at the time payment is issued (generally 45 to 60 days after the event).

• For master-metered accounts such as mobile home parks, the customer of record will receive the Storm Inconvenience Payment for the master meter only.

Service Guarantee Program Gas and electricity are essential to keep your life running smoothly, safely and efficiently. When your service is interrupted or in need of repair, you expect a reasonable and timely response. To ensure that we provide this to you, PG&E has implemented service guarantees, which spell out our commitment to prompt customer service for our customers:

• Guarantee 1: Missed Appointments: PG&E will meet the agreed upon appointment time set with our customer during contact with our Call Center or automatically credit your account $30.

• Guarantee 2: Non-Emergency Investigations: PG&E will investigate non-emergency situations (check meter) and communicate results to a customer within seven days of a customer's request. Check-meter appointments between October 15 and December 15 of each year will be scheduled within 10 workdays. If an off-site meter test is required, PG&E will communicate the results to the customer within 30 days. If access is required to the customer's premises, then an appointment is necessary. Failure to meet the service guarantee will result in a $30 credit to the customer’s account. An automatic credit to the customer’s account would apply only if PG&E misses a scheduled appointment date. If

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http://www.pge.com/en/myhome/saveenergymoney/financialassistance/care/index.page

http://www.pge.com/en/myhome/saveenergymoney/financialassistance/medicalbaseline/index.page

the appointment is scheduled beyond five workdays, the customer must notify PG&E to receive the credit. If PG&E's records show that such scheduling was at the customer's request, the credit does not apply.

• Guarantee 3: Emergency: The Emergency Service Guarantee is not currently in effect. • Guarantee 4: Complaint Resolution: PG&E will decide on a course of action to

resolve a complaint and communicate it to the customer within three working days. PG&E will communicate the complaints resolution to the customer within 10 working days, or 30 working days when an off-site meter test is required or an on-site home audit is requested. Failure to meet the service guarantee will result in a $30 credit to the customer’s account.

• Guarantee 5: New Meter Installations: PG&E will meet the agreed upon date for new service meter installations and service turn-ons or automatically credit your account $50.

• Guarantee 6: Electric Service Disruptions: PG&E will respond to customer calls reporting electric service interruptions within four hours by restoring service; or by informing the customer, upon request, when service restoration is expected; or automatically credit your account $30.

• Guarantee 7: Electric Service Restoration: PG&E will restore electric service within 24 hours, unless the cause is absolutely beyond our control, or we will automatically credit your account $30 for each 24-hour period you are without service.

• Guarantee 8: Commencing Bills: PG&E will issue an accurate commencing bill to a new customer account within 60 days of service initiation, or we will automatically credit your account $30.

• Guarantee 9: Planned Interruptions: PG&E shall provide at least three days’ notice of a planned interruption in service. Failure to meet the service guarantee will result in a $30 credit to the customer’s account. This guarantee will require a customer call and PG&E investigation to determine if PG&E’s commitment to notify customers 72 hours in advance of planned interruptions was missed. Customers notified of planned service interruptions 72 hours in advance may have their service interrupted on multiple occasions on the date(s).

• Guarantee 10: Service Termination in Error: Impacted customers will be eligible for a $100 credit adjustment if PG&E terminates service in error.

Fiscal Impact: No Impact on City Funds. Compelling SCE to create automatic direct compensation programs modeled on PG&E’s “Safety Net” and “Service Guarantee” programs would have no direct fiscal impact on cities because the “Safety Net” program is limited to residential customers and the “Service Guarantee” program is very similar to SCE’s existing program. However, residential customers would receive direct payments in specified circumstances for prolonged electrical power outages. Comment:

• The City of Rancho Palos Verdes, in sponsoring this resolution, does not believe that SCE has an effective process to address customer damage claims associated with prolonged electrical power outages. According to the resolution, the City of Rancho Palos Verdes would like to compel SCE to create a program to automatically provide direct compensation to its customers affected by prolonged electrical power outages under specified circumstances. Additionally, the program would be modeled upon PG&E “Safety Net” and “Service Guarantee” programs, and shall cover weather-related events and planned and unplanned service disruptions.

• What is SCE’s process to provide relief to customers that have experienced a prolonged electrical power outage? As part of SCE’s four point service guarantee program, customers experiencing an electrical power outages exceeding 24 hours, may qualify for a $30 credit under specific conditions. However, prolonged electrical power outages

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caused by a moderate, severe, or catastrophic storm condition are exempt from the program.

• How does PG&E provide relief to customers that have experienced a prolonged electrical power outage? Like SCE, PG&E has a multi-point service guarantee program that provides customer credits that range from $30 -$100 for a wide range of activities. In addition, PG&E has a specific, weather related program, the “Safety Net” program, which provides automatic, direct payment to customers experiencing electrical power outages, in excess of 48 hours.

• What type of customer compensation program does the Resolution call for? The Resolution calls for a customer compensation program that expands beyond PG&E’s two existing programs. Under the Resolution, the City of Rancho Palos Verdes would like to compel SCE to adopt a program based on PG&E’s “Safety Net” and “Service Guarantee” programs, and also cover weather-related events and planned and unplanned service disruptions.

• Do these programs really provide funds to residential customers? While the Resolution holds PG&E’s programs in high esteem, after hearing from a number of city officials in PG&E’s service territory, it seems that there is a great deal of skepticism around the effectiveness and utilization of their residential compensation programs. Is PG&E’s program really working as described?

• What about California’s other Investor Owned Utilities (IOU) and municipal utilities? The Resolution is directed at SCE. However, the committee may want to consider the implications of the Resolution on the other investor owned utilities and municipal utilities.

• Is legislation the best approach? The Resolution calls upon the Governor and the Legislature to work with the League of California Cities to enact legislation or to otherwise compel SCE to create a program to automatically provide direct compensation to its customers affected by a prolonged electrical power outage. Given that the California Public Utilities Commission regulates all of the investor owned utilities, it may be more appropriate to seek a regulatory change rather than a legislative proposal.

• More information to come. The Resolution could have broader implications beyond SCE and PG&E. Prior to the Environmental Quality Policy Committee and General Resolutions Committee meeting at Annual Conference, League staff will provide additional background information on the following:

o Other IOU electrical power outage compensation programs. o Municipal utility electrical power outage compensation programs. o Role of the California Public Utilities Commission.

Existing League Policy: In response to the energy crisis of 2001, the League of California Cities established extensive policy and guiding principles related to the electric industry. However, there is no existing policy that pertains to prolonged power outages or compensating customers for damages incurred during a prolonged power outage.

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LETTERS OF CONCURRENCE Resolution No. 2

Overconcentration of Alcohol & Drug Treatment Facilities

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Residential Rentals, Support for SB 593 (McGuire)

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Mammoth Lakes Town CouncilP.O. Box 1609, Mammoth Lakes, CA, 93546

(760) 934-8989~ L4~.Q4.- www.townofmammothlakes.ca.gov

CAL! FORN IA

July 30, 2015

Stephany Aguilar, PresidentLeague of California Cities1400 K StreetSacramento, CA 95814

RE: LETTER IN SUPPORT OF A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIESSUPPORTING SB 593 (MCGUIRE)

Dear President Aguilar:

The Town of Mammoth Lakes supports the proposed resolution related to the Sharing Economyand concurs in the submission of the resolution for consideration by the League of CitiesGeneral Assembly at its annual meeting on October 2, 2015. The Town of Mammoth Lakes is asmall, rural community in the Eastern Sierra Region of about 8,000 full-time residentsMammoth Lakes is a tourist destination, servicing hundreds of thousands of visitors each year.We are geographically isolated from populated areas by several hundred miles and aresupported by our one primary industry — tourism.

The League’s proposed resolution reaffirms and acknowledges local efforts to effectivelyregulate land use impacts and collect applicable taxes from transient residential rentals as partof the emerging “shared economy”.

The short-term rental of residential houses, rooms, condominiums, and apartments presentnumerous challenges within neighborhoods and to adjacent property owners. They may createadditional noise, traffic, parking, privacy and public safety issues, subvert local rent-control laws,and decrease available housing stock. In Mammoth Lakes, with a limited police force that is notstaffed 24-hours a day and a code enforcement staff of one, enforcement of these types ofissues can be very challenging.

Where the temporary rental of residential units is allowed by local regulation, the associatedtransient occupancy tax (TOT) should also be collected. These units are in direct competitionwith hotels, motels and other accommodations where guests pay the local transient occupancytax, so all transient rentals should be subject to the same tax. The revenues generated supportlocal services, including but not limited to, public safety, snow removal, maintenance of publicparks and facilities, road maintenance, and recreation programs, which directly affect localquality of life and the attraction of the community for a visitor.

This proposal will make it much easier for communities such as Mammoth Lakes that dependon revenue from TOT to enforce existing rules and regulations and collect TOT as specified inour Municipal Code. Mammoth Lakes relies heavily on TOT collection to operate the Towngovernment; nearly 65% of the Town’s operating budget is funded by the collection of TOT.

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Collection of TOT is so important to the Town that we have three full-time employees dedicatedits enforcement. This includes making sure that people remit their taxes on time, but moreimportantly it is tracking down violators who are renting their units without an approved permit,renting units in locations where the zoning does not permit it, and/or not remitting their taxes tothe Town. Enforcement is made much more difficult by the use of online vacation rentalbusiness (OVRB) websites where unit numbers and addresses are typically not listed and oftenowners do not require the payment of TOT. The data proposed to be collected and provided tous by OVRBs will be of great value as we manage transient rentals in our community.

The Town of Mammoth Lakes believes SB 593, as referenced in the proposed resolution,acknowledges existing local authority in this area and provides the necessary data for localjurisdictions to enforce their regulations regarding short-term residential rentals and a helpfulregulatory framework that local governments may choose in lieu of exercising their existingauthority

For all of these reasons, the Town of Mammoth Lakes supports the League California Cities’Re~olution.

Sinc~

John ~ent~v~rti,CouncilmemberTown of Mammoth Lakes

cc: Meg Desmond, League of California Cities, mdesmond~cacities.orqJohn Leonard, City of West Hollywood, jleonard~weho.orq

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City Hall: 955 School Street | Mailing Address: PO Box 660 Napa, California 94559 |Phone (707) 257-9500| www.cityofnapa.org Page 1 of 2

MAYOR AND CITY COUNCIL July 27, 2015 Stephany Aguilar, President League of California Cities 1400 K Street Sacramento, CA 95814 Dear President Aguilar: RE: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING SB 593 (MCGUIRE)

AND CONTINUED LOCAL FLEXIBILITY FOR CITIES AS THEY ADDRESS NEIGHBORHOOD AND FISCAL IMPACTS OF TEMPORARY RENTALS OF RESIDENTIAL UNITS FOR TOURIST OR TRANSIENT USES

The City of Napa supports the proposed resolution related to the Sharing Economy and concurs in the submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting on October 2, 2015. The resolution reaffirms and acknowledges local efforts to effectively regulate land use impacts and collect applicable taxes from transient residential rentals as part of the emerging “shared economy”. The short-term rental of residential houses, rooms, condominiums, and apartments present numerous challenges within neighborhoods and to adjacent property owners. They may create additional noise, traffic, parking, privacy and public safety issues, subvert local rent-control laws, decrease available housing stock and in some cases turn residential neighborhoods into de-facto hotel rows. The City of Napa’s zoning ordinance defines a “Rental Housing Shortage” as a vacancy rate less than 5%. A vacancy rate of less than 2% is defined as “Severe”. We are currently at severe levels. The City’s vacancy rates have continued to decline from 4% in 2009 to less than 2% today. Our Housing Element recognizes the issue of rising housing costs in Napa and its impact on the goal of maintaining Napa’s quality of life by balancing the availability of housing with other environmental considerations. Maintaining and protecting our housing stock is of utmost importance to the City of Napa. Where the temporary rental of residential units is allowed by local regulation, the associated transient occupancy tax (TOT) should also be collected. These units are in direct competition with hotels, motels and other accommodations where guests pay the local transient occupancy tax, so all such uses should be subject to the same tax. The revenues generated support local streets, roads, fire, police, lifeguards, trash pick-up, park maintenance and other local public services which directly affect local quality of life and the attraction of the community for a visitor. The City of Napa believes SB 593, as referenced in the proposed resolution, acknowledges existing local authority in this area and provides the necessary data for local jurisdictions to enforce their regulations

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http://www.cityofnapa.org/

City Hall: 955 School Street | Mailing Address: PO Box 660 Napa, California 94559 |Phone (707) 257-9500| www.cityofnapa.org Page 2 of 2

regarding short-term residential rentals and a helpful regulatory framework that local governments may choose in lieu of exercising their existing authority. For the reasons as stated above, the City of Napa supports the proposed Resolution. Sincerely,

Jill Techel Mayor CITY OF NAPA JT/dr cc: City of Napa City Councilmembers Meg Desmond, League of California Cities, [email protected]

John Leonard, City of West Hollywood, [email protected] City Manager Mike Parness Community Development Director Rick Tooker

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http://www.cityofnapa.org/



City of Sonoma No. 1 The Plaza

Sonoma California 95476-6690 Phone (707) 938-3681 Fax (707) 938-8775

E-Mail: [email protected]

July 27, 2015 Stephany Aguilar, President League of California Cities 1400 K Street Sacramento, CA 95814 Dear President Aguilar: RE: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING SB 593

(MCGUIRE) AND CONTINUED LOCAL FLEXIBILITY FOR CITIES AS THEY ADDRESS NEIGHBORHOOD AND FISCAL IMPACTS OF TEMPORARY RENTALS OF RESIDENTIAL UNITS FOR TOURIST OR TRANSIENT USES

The City of Sonoma supports the proposed resolution related to the Sharing Economy and concurs in the submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting on October 2, 2015. The resolution reaffirms and acknowledges local efforts to effectively regulate land use impacts and collect applicable taxes from transient residential rentals as part of the emerging “shared economy”. The short-term rental of residential houses, rooms, condominiums, and apartments present numerous challenges within neighborhoods and to adjacent property owners. They may create additional noise, traffic, parking, privacy and public safety issues, subvert local rent-control laws, decrease available housing stock and in some cases turn residential neighborhoods into de-facto hotel rows. Where the temporary rental of residential units is allowed by local regulation, the associated transient occupancy tax (TOT) should also be collected. These units are in direct competition with hotels, motels and other accommodations where guests pay the local transient occupancy tax, so all such uses should be subject to the same tax. The revenues generated support local streets, roads, fire, police, lifeguards, trash pick-up, park maintenance and other local public services which directly affect local quality of life and the attraction of the community for a visitor. The City of Sonoma believes SB 593, as referenced in the proposed resolution, acknowledges existing local authority in this area and provides the necessary data for local jurisdictions to enforce their regulations regarding short-term residential rentals and a helpful regulatory framework that local governments may choose in lieu of exercising their existing authority. The City of Sonoma is a tourist destination and the proliferation of vacation rentals is a top priority for City staff. The workload in monitoring and attempting to ensure compliance with local

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regulations is over-burdening our small staff. In addition, the sale of available housing has become a market for out of town investors to purchase and create new vacation rentals. Without legislative intervention, vacation rentals become an epidemic in a desirable destination location and the local residents “pay the price”. For these reasons, the City of Sonoma supports the League’s Resolution. Sincerely,

Carol E. Giovanatto City Manager For and on behalf of the City of Sonoma

cc: Meg Desmond, League of California Cities, [email protected] John Leonard, City of West Hollywood, [email protected]

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Compensation for Prolonged Electrical Power Outages

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City of Hermosa Beach

Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885

July 30, 2015 Stephany Aguilar, President League of California Cities 1400 K St., Ste. 400 Sacramento, CA 95814 Dear President Aguilar: The City of Hermosa Beach supports the City of Rancho Palos Verdes’ effort to submit a resolution for consideration by the General Assembly at the League’s 2015 Annual Conference in San José. The City of Rancho Palos Verdes’ resolution seeks to address the failure of Southern California Edison (SCE) to reasonably compensate its customers for losses incurred due to prolonged service disruptions. Prolonged electrical outages jeopardize the public safety, health and general welfare of the communities within SCE’s service area. Among the populations that are most at risk as a result of outages are:

Customers with physical challenges who rely on a constant source of power for medical devices;

Customers who are senior citizens and are particularly susceptible to injury if power outages persist for long periods of time into evening hours; and,

Customers who suffer financial burdens as a result of losing food, medication and other perishable items during prolonged power outages.

At least one other California utility, Pacific Gas and Electric (PG&E), provides automatic, direct rebates to its customers in the event of prolonged power outages for a variety of causes, including severe weather and other planned and unplanned outages. Rebates are provided automatically to PG&E’s customers without filing a claim, which we believe demonstrates that such a program is feasible for SCE as well. As a member of the League, our city values the policy development opportunity provided by the Annual Conference Resolution process. We appreciate your time and consideration of this important issue. Please feel free to contact Andrew Brozyna at (310) 318-0238 or [email protected] if you have any questions. Sincerely, Tom Bakaly City Manager

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