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HomeMy WebLinkAbout11/06/19 CC AGENDA PACKET(03 BAKERcSFIELD BAKERSFIELD CITY COUNCIL THE SOUND OF UW4�Volkr AGENDA MEETING OF NOVEMBER 6, 2019 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 PM REGULAR MEETING -5:15 PM 1. ROLL CALL Introduction of students participating in Teen Government Day. 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. PRESENTATIONS a. Proclamation to Kern County Homeless Collaborative Youth Committee Chair, Allyson Seal, and Members, Victoria Limbean, Reyna Perez De Burbank, and Andrea Caldwell, declaring Homeless Youth Awareness Month in Bakersfield during November 2019. b. Proclamation to 02 Seekers of Bakersfield Support Group Leader, Deanna "Dee Dee" Towle, and member Raymond Mars, recognizing Alpha-1 Antitrypsin Deficiency Awareness Month in Bakersfield during November 2019. 5. PUBLIC STATEMENTS 6. WORKSHOPS a. Update on City Efforts to Address Homelessness: Emergency Shelter Authorize the City Manager to. (1) negotiate preparation of a Purchase and Sale Agreement (PSA) with terms to be consistent with the executed Letter of Intent (LOI), with Calcot LTD to purchase 7.24 acres and associated Office Complex for $3,827,000 and 10 -acres of adjacent vacant land for $1,100,000, all located at 1900 E. Brundage Avenue ($4,927,000 total); and, (2) immediately initiate actions to begin conversion of the property as described in Administrative Report ($1,900,000 estimated). b. Presentation by Development Services Department on Affordable Housing. Staff recommends to receive and file. 7. APPOINTMENTS 11/06/19 CC AGENDA PACKET PG 1 8. CONSENT CALENDAR Staff recommends adoption of Consent Calendar items. Minutes: a. Approval of minutes of the October 23, 2019, Special City Council Meetings. Payments: b. Receive and file department payments from October 11, 2019, to October 24, 2019, in the amount of $20,029,498.20; Self Insurance payments from October 11, 2019, to October 24, 2019, in the amount of $388,361.64; totaling $20,417,859.84. Ordinances: C. Adoption of ordinance amending Chapter 15.65 of the Bakersfield Municipal Code relating to the California Fire Code. (FR 10123119) Resolutions: d. 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. e. Resolution determining that a Caterpillar tractor can most efficiently be obtained through cooperative procurement bidding procedures from Quinn CAT, Bakersfield and authorizing the Finance Director to dispense with bidding thereof, not to exceed $375,000. f. Resolution Granting Funds ($300,000) to the Kern County District Attorney to Reinstate the Community Prosecution Program. g. Senate Bill 2 Planning Grant Program Application: 1. Resolution authorizing the City of Bakersfield's application for, and receipt of, Senate Bill 2 Planning Grant Program (PGP) funds. 2. Appropriate $625,000 Senate Bill 2 Planning Grant Program (PGP) funds to Development Services Operating budget in the General Fund. Ward 2 h. Sewer connection fee assessment for 745 Real Road: 11/06/19 CC AGENDA PACKET PG 2 1. Resolution confirming assessments for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Titus Linares and Donna Linares, 745 Real Road, to pay the sewer connection fee through the Kern County Tax Collector. Agreements: Ward 5 i. Final Map and Improvement Agreement with Norris Road, LLC (Developer) for Tract 7288 Unit 3 located east of Windermere Street and south of Campus Park Drive. Bids: j. Extend bid from Gibbs Truck Center, Bakersfield ($456,695.28) for the purchase of two asphalt -patching trucks for the Streets Division. k. Accept bid from Saitech Inc. ($119,995.13) for Dell Optiplex 3070 computers for the Technology Services Division. Ward 2 I. Accept bid and approve contract to California Waters Development, I nc., dba California Waters ($431,614) for pool filter renovations at McMurtrey Aquatic Center and Jefferson Park pool. M. Purchase of a service truck for the Wastewater Division 1. Accept bid from Jim Burke Ford, Bakersfield ($67,855.77) for a replacement service truck. 2. Appropriate $23,000 Sewer Enterprise Fund balance to the Public Works Department's Operating Budget within the Equipment Management Fund to fund the purchase. Miscellaneous: n. Fiscal Year 2018-2019 Annual Compliance Report for Park Impact Fees prepared in accordance with California Government Code §66006. Successor Agency Business: Public Safety/Vital Services Measure: o. Resolution dispensing with formal bidding procedure in the purchase of JVC Kenwood mobile radios for the Bakersfield Police Department from Applied Technology Group, Inc. and authorizing the use of a cooperative procurement contract for the purchase of the radios in an amount not to exceed $94,500. Ward 2 P. Amendment No. 1 to Resolution No. 121-19 to dispensing with bidding procedures due to the rejection of previous bids 11/06/19 CC AGENDA PACKET PG 3 for the Bakersfield Police Department Shooting Range, not to exceed $2,400,000. 9. CONSENT CALENDAR PUBLIC HEARINGS Staff recommends conducting Consent Calendar Public Hearing and approval of items. 10. HEARINGS Ward 3 a. Cancellation of Public Hearing Regarding Bond Financing for the Housing Authority of the County of Kern: 1. Resolution approving the issuance of revenue bonds by the California Debt Limit Allocation Committee ("CDLAC") for the purpose of financing the construction of approximately 81 multi -family units of affordable housing and certain other matters relating thereto 2. Indemnification agreement between the City and the Housing Authority of the County of Kern. Staff recommends the City Council open the public hearing and take no further action on the resolution and the indemnity agreement. Ward 1 b. Appeal by Dowling Aaron Incorporated of the September 10, 2019 decision of the Board of Zoning Adjustment to deny a conditional use permit to allow a recycling center within a State -recognized convenience zone, for the purchasing of California Redemption Value (CRV) containers from the public in a C-2 (Regional Commercial Zone) district, located at 830 Union Avenue. Staff recommends upholding the decision of the Board of Zoning Adjustment and denying Conditional Use Permit No. 18-0397. 11. REPORTS 12. DEFERRED BUSINESS Ward 2 a. Adoption of ordinance amending Section 17.58.120 of the Bakersfield Municipal Code relating to parking space requirements within the "central district" and other mixed-use areas. (FR 10123119) Staff recommends adoption of the ordinance. 13. NEW BUSINESS a. Resolution setting the dates of the regular City Council meetings, budget hearings, and department budget presentations for calendar year 2020. Staff recommends City Council determination. 14. COUNCILAND MAYORSTATEMENTS 11/06/19 CC AGENDA PACKET PG 4 15. ADJOURNMENT 11/06/19 CC AGENDA PACKET PG 5 t✓ BAKERSFIELD THE SOUND OF c5 W&4*W fVRW ADMINISTRATIVE REPORT MEETING DATE: 11/6/2019 Presentations 4. a. TO: Honorable Mayor and City Council FROM: Mayor Karen K. Goh DAT E: 10/30/2019 WARD: SUBJECT: Proclamation to Kern County Homeless Collaborative Youth Committee Chair, Allyson Seal, and Members, Victoria Limbean, Reyna Perez De Burbank, and Andrea Caldwell, declaring Homeless Youth Awareness Month in Bakersfield during November 2019. STAFF RECOMMENDATION: BACKGROUND: 11/06/19 CC AGENDA PACKET PG 6 t✓ BAKERSFIELD THE SOUND OF c5 W&4*W fVRW ADMINISTRATIVE REPORT MEETING DATE: 11/6/2019 Presentations 4. b. TO: Honorable Mayor and City Council FROM: Mayor Karen K. Goh DAT E: 10/30/2019 WARD: SUBJECT: Proclamation to 02 Seekers of Bakersfield Support Group Leader, Deanna "Dee Dee" Towle, and member Raymond Mars, recognizing Alpha-1 Antitrypsin Deficiency Awareness Month in Bakersfield during November 2019. STAFF RECOMMENDATION: BACKGROUND: 11/06/19 CC AGENDA PACKET PG 7 d Pft W BAKERSFIELD THE SOUND OF5ewtAu jVeR& ADMINISTRATIVE REPORT MEETING DATE: 11/6/2019 Workshops 6. a. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: 10/25/2019 WARD: SUBJECT: Update on City Efforts to Address Homelessness: Emergency Shelter STAFF RECOMMENDATION: Authorize the City Manager to: (1) negotiate preparation of a Purchase and Sale Agreement (PSA) with terms to be consistent with the executed Letter of Intent (LOI ), with Calcot LTD to purchase 7.24 acres and associated Office Complex for $3,827,000 and 10 -acres of adjacent vacant land for $1,100,000, all located at 1900 E. Brundage Avenue ($4,927,000 total); and, (2) immediately initiate actions to begin conversion of the property as described in Administrative Report ($1,900,000 estimated). BACKGROUND: HOMELESS CRISIS IN BAKERSFIELD In recent years, the State of California has experienced an increase in the number of homeless individuals throughout the State, including within the City of Bakersfield. The annual 2019 "Point in Time Count" showed 1,330 homeless individuals in Kern County with 1,150 (or 80%) located within the Metropolitan Bakersfield area. These numbers represent an overall increase of 50% over the prior year, with 643 un- sheltered individuals in the Metro area. SEPTEMBER 11, 2019 WORKSHOP On September 11, 2019, a comprehensive workshop was presented to the City Council to review the action items that the City of Bakersfield has taken to address homelessness. Discussion included an overview of past City actions to support homelessness service providers and the City's new 3 -Point approach to address homelessness: 1. Acknowledge the Crisis 2. Strengthen Existing Providers 3. Implement new PSVS funds At the conclusion of the September 11, 2019 Workshop, the City Council gave Staff specific direction for 5 Action Items, as noted in Table 1: City Council Action Items — Status. SEPTEMBER 25, 2019 WORKSHOP On September 25, 2019, Staff provided a status update on the 5 "Action Items" and the City Council acted to complete Action Items 1, 2 and 3 (See Table 1: Citv Council Action Items — Status). 11/06/19 CC AGENDA PACKET PG 8 EMERGENCY SHELTER LOCATION UPDATE Since the September 11, 2019 City Council meeting, Staff has been working through negotiations to secure an appropriate location for the Emergency Shelter Facility. Staff used a 3 -part approach to search for a property that met specific criteria, as detailed in the September 11, 2019 Administrative Report and supporting Research Analysis (attached). Staff submitted a Letter of Intent (LOI) to purchase on two qualified properties and negotiated offers and counter offers with the two property owners. RECOMMENDED SITE— CALCOT OFFICE COMPLEX Based on a thorough review of the two final sites, costs and benefits associated with each property, staff recommends the purchase and development of a "Low Barrier Emergency Shelter Facility" at Site number 1, the Calcot Office Complex (1900 East Brundage Lane). The full Calcot facility is a 110 -acre property, located north of Highway 58 in east Bakersfield. The Facility address is 1900 E. Brundage Lane, and the site is between Martin Luther King Boulevard and Washington, and south of Virginia Ave. The facility has been home to a cooperative of California cotton farmers since the 1930s and once employed several hundred office workers and more than 500 seasonal employees each year. The northern three-quarters of the Facility site (not being purchased) is developed with approximately 40 metal storage buildings, averaging 40,000 square feet each. The southern 17.25 -acres of the site, as proposed for purchase, includes the main Office Complex on 7.24 -acres, consisting of 34,832 square feet of office space and 34,975 square feet of connected warehouse space. The remaining 10 -acres east of the Office Complex is vacant and fronts East Brundage Lane. BENEFITS OF CALCOT The Calcot Office Complex meets all necessary criteria identified in the Staff Research documents presented to City Council on September 11, 2019 and is recommended for the following reasons: 1 . Suitable Location. The Site is sufficiently buffered from sensitive users and businesses and is zoned M-2 (General Manufacturing), which means that this use is permitted "by right." This is important because it means that the City Council has already made a finding that "Emergency Shelters" are an appropriate land use on properties zoned M-2; and there are no further discretionary hearings needed. 2 . Sufficient Space. As demonstrated on the attached "Conceptual layout," the Calcot Office Complex includes 7.8 -acres which has sufficient room to locate the City's Low Barrier Emergency Shelter Campus and all of the necessary amenities; including but not limited to: • Up to 450 emergency beds, constructed in 2-3 Phases • Existing office space to house all Service Providers on-site. • Existing office space for new Bakersfield -Kern Regional Homeless Collaborative staff. • Existing conditioned warehouse for Possessions Storage with minimal renovations. • Existing Day -room and Green -Space. • Existing cafeteria area and room for a commercial kitchen. • Appropriate layout and access for Coordinated -Entry • Ability for on-site "referral only' drop off system via shuttle and coordination with partners. • Space for on-site employee parking that will not interfere with operations. • Room for future addition of "safe parking area" if needed. 3 . Future Police Substation. The Office Complex has space to house a Substation to serve the ra¢irlantc of qni ithPn0 RakPmfialrl Tha Pnlira nPnnrtmant marl¢ mora cnnra rli is to ¢taff axnan¢inn 11/06/19 CC AGENDA PACKET PG 9 This location is good because it covers the southeast and creates geographic balance with the main Downtown Police Station and the Westside Substation. It will also be less costly to retrofit the Calcot space than to building a new facility. 4. Adjacent 10 -Acres. I n addition to the Office Complex, the sale also includes 10 -acres of adjacent vacant property directly to the East; which offers several development options; subject to future approval of the City Council: • Development of "next step" permanent Affordable Housing (Permanent and Supportive Housing); • Development of a City Corporation Yard; • Development and re -sale of the property to private developer (promotes economic development); or, • Combination of the above. 5. Second Site Considered. The second site did not have the same capacity for future growth. It is 1.89 acres as opposed to 17 acres. It also does not have the same level of existing building space and would require construction of a dining tent and portable trailers. It was also adjacent to single family residential area on one side. BUDGET CONSIDERATIONS Site Acquisition & Phase 1 Construction. The property acquisition includes two parts: (1) the Office Complex on 7.24 acres for $3,827,000 and (2) 10 -acres of adjacent vacant land for $1,100,000 (See attached Letter of Intent, 10/29/19). To prepare the site for Phase 1 (100 beds), construction activities will include, but are not limited to: Electric and water utilities connection modifications, exterior updates, and installation of: 100 Dorm beds, bathrooms and showers, animal cages, dining tables and chairs, laundry machines, commercial kitchen construction, securitization of unused portions of the building, bathroom conversion to comply with American Disability Act (ADA), replacement of glass offices windows, and day room furniture (See Table 2. Calcot Facility Components & Phase 1 Construction Needs). The estimated construction cost for Phase 1 is $1,900,000. Property Acquisition: Office Complex on 7.24 acres and Utility improvements: $3,827,000 Property Acquisition: 10 -Acres of Adjacent Vacant Property $1,100,000 Property Adaption: Update for Phase 1 needs: $1.900.000 Total: $6,827,000 Operating Budget. Staff has researched the annual operating budgets of existing facilities throughout California and the nation. A sample of known budgets is illustrated in Table 3, Operating Budget Research. As shown in this table, Annual Operating Budgets vary significantly, based on several factors including the staff to client ratio, private vendor costs, food costs, degree of donor participation and more. Table 3 illustrates an estimated annual budget for Phase 1 and Full Build out at the Calcot Facility; however, final costs will be dependent on the actual bids received for services and the level of partnership with existing local services providers and benefactors. A list and description of the anticipated services and potential partners is included in Table 4, Operational Needs and Potential Partners. Fund Availability. The FY 19/20 adopted budget contains $9.0 million to address housing for the homeless; including $4.0 million for Shelter acquisition/construction and $5.0 million for Affordable Housing to act as a potential "next step" for homeless clients after their time at the Emergency Shelter Facility. Staff has issued a Request for Proposals for the affordable/homeless housing component; however, it is 11/06/19 CC AGENDA PACKET PG 10 unilKeiy TnaT inose Tunas will oe Tully commlTTea In inls Tlscal year. HcqulslTlon or Tne ualcoT raculTy TaculTaTes completion of the Shelter component of the project; and also enables the acquisition stage of the Affordable Housing component. $2.173 million would remain unallocated for the next initial phases of the Affordable Housing project. It is also anticipated that a portion of the funds will convert in future fiscal years from capital investment to operations and maintenance. NEXT STEPS Timing is of the essence in moving this important project forward. Therefore, Staff recommends that the City Council direct Staff to take the following actions: 1. Authorize the City Manager to enter into a Purchase and Sale Agreement for the Calcot Property. 2. Issue Request for Proposals for Operational Services, as noted in Table 4. Upon receipt of bids; define and Operational budget and return to Council with Agreements. 3. Retain an Architect for professional Facility Advisory Services, with experience designing Emergency Shelter Facilities or similar. 4. Return to Council with Agreement to initiate actions to begin Phase 1 retrofit of the facility, as described in Table 2. Based on the information provided to date, Staff is confident that Phase 1 of the facility can begin operations within five to six months. Table 1. City Council Action Items — Status Table Table 2. Calcot Facility Components & Phase 1 Construction Needs Action Item Direction to Staff Status Next Steps 1 Downtown Return to Council with RFP Issued 9/13/19. Complete. Cleaning Contract for cleaning 2 responses received. City Council approved service. Recommended bid: $90,740 Contract 9/25/19 2 Private Return to Council with RFP Issued 9/13/19. Complete. Security Contract for private 3 responses received. City Council approved security service. Recommended bid: Contract 9/25/19 $86,856.32 3 Homeless Return to Council with MOU prepared; Complete. Collaborative MOU and budget Budget Appropriation: City Council approved appropriation to support $155,000 Contract 9/25/19 the Homeless Collaborative. 4 Emergency Within 30 days, return to Item set for discussion at Action Needed: Shelter Council with a Purchase 11/6/2019 City Council 10/30/19 City Council or Lease Contract for meeting. Agenda Item property. 5 Community Negotiate with Kern City Staff has been engaged Pending: Prosecution County to provide partial in ongoing meetings with City Staff awaiting Program funding in support of the Kern County Staff to discuss further cost estimates Program. plan & costs. County from Kern County continuing to prepare operational and cost calculations. Table 2. Calcot Facility Components & Phase 1 Construction Needs What How Low Barrier Components Possessions Storage Add storage space within existing Warehouse 2 FID atAraa Imtall Kannal Cnara 11/06/19 CC AGENDA PACKET PG 11 Partners I Created Dedicated space within dorm area On-site Amenities Safe Clean Sleeping area Add dorm beds to Warehouse 1 Showers Upgrade or Install portable (Phase 1) Restrooms Upgrade or Install portable (Phase 1) Green Space Fence/secure existing green space (Phase 1) Dining Renovate existing Cafeteria & I nstall Kitchen Laundry Install permanent Machines Parking Fence parking area for Employees On-site Services Facility Manager Approximately 30 separate offices exist at the facility. A majority are in "ready' working condition and need simple modifications (replacement of glass with durable materials, furniture etc.) to become operational. Facility Operator Case Manager (1/20 beds) Housing Navigators Medical Provider (at least 3x week) Mental Health (at least 3x week) Transportation Food Service (3 meals per day) Vet Tech/Animal Care & Veterinarian Private Security (onsite & offsite) Provide check-in area and data sharing. Note: Other construction components include but are not limited to utility connection modifications, exterior updates, securitization of unused portions of the building, bathroom conversion to comply with American Disability Act (ADA), replacement of glass Table 3. Operating Budget Research Description 1 Facility Manager General Management: Loc Annual Beds Person/Yr Person/Day 100 Bed Annual SD Alpha $5,317,209 325 $16,361 $45 $1,636,064 SD Alpha Bridge 2 $3,050,500 150 $20,337 $56 $2,033,667 SD Father Joes $2,247,713 150 $14,985 $41 $1,498,475 SD Veterans Village $2,300,000 200 $11,500 $32 $1,150,000 SLO 40 Prado $1,290,500 100 $12,905 $35 $1,290,500 Average $3,551,481 231 $15,217 $42 $1,521,741 Calcot Est- Phase 1 $1,521,741 100 $15,217 $42 $1,521,741 Table 4. Operational Needs and Potential Partners Service Description 1 Facility Manager General Management: - All administrative activities - Oversee all sub -contracts - Professional accounting & reporting - Coordinated entry - Coordinate case managers - IT Support (if capable) - Other day to day as needed 2 Facility Operator Daily Operation of the facility: - 24-hour client management - Daily Programming - Bedding Materials 3 Facility Daily on-going maintenance: Potential Partners* CAPK, BHC, Mission, or other third party or combination thereof Same as item 1 Same as item 1 11/06/19 CC AGENDA PACKET PG 12 14 Vet Technician or Weekly visits for minor medical needs, to provide Vendor Animal Care vaccines Veterinarian Services 15 Private Security - To support Facility Operator Vendor Onsite 16 Private Security - To support Facility Operator Vendor Offsite 17 Portable Showers Weekly service/maintenance. Vendor 18 Portable Weekly service/maintenance. Vendor Restrooms 19 Utilities Monthly Power, Sewer, Water Utilities 20 Misc City Support (City staff oversight, Technical Support) City NOTES - Items 1-4 can be all separate parties, one party or a combination of several. - City has had preliminary discussions with the noted parties to gain an understanding of services provided, scope, and need; however, no formal contracts or proposals have been extended. - Individual Vendors will be required to provide Insurance consistent with City requirements; however, City of Bakersfield is investigating additional insurance needs/costs. ATTACHMENTS: Description Type ❑ Conceptual Site Layout Backup Material ❑ Letter of Intent, Signed 10/29/19 Backup Material ❑ Sept 11 2019 City Council Admin Report Backup Material ❑ Sept 11 2019 City Council PowerPoint Backup Material ❑ Emergency Shelter Research Document Backup Material ❑ PowerPoint Presentation Nov6 2019 Presentation 11/06/19 CC AGENDA PACKET PG 13 Maintenance - General Repairs and upkeep. -Janitorial (Including Toiletries supply) - Gardening including supplies 4 Facility Meal 3 meals per day. To include food orders/ delivery Same as item 1 Program and on-site full or partial preparation (depending on kitchen set-up) 5 Laundry Service Weekly service of on-site machines, possible Vendor management of "credit" system. 6 Transportation Shuttle system and direct referral and transport to Flood, GET, BPD, Service facility. A bus has ability, has been donated and Rapid Response grants are being explored. Teams, County, etc. 7 Case Managers Ratio Goal: 1 per 20 beds BHC, HACK, variety of others 8 Housing Provide housing placement; goal within 90 days. HACK Navigators 9 Medical Provider On-site multiple times per week, as recommended KMC, Good Sam by Provider. 10 Mental Health On-site multiple times per week, as recommended KCBH Provider by Provider. 11 Insurance & On-site to connect to programs (Calfresh, KCBH, KMC, KC Funding Match Calworks, Medi -cal, etc.) Human Services, etc. 12 Job Training On-site to connect and train KCETR Programs 13 Veteran's On-site to connect to programs KC Veterans Service Services 14 Vet Technician or Weekly visits for minor medical needs, to provide Vendor Animal Care vaccines Veterinarian Services 15 Private Security - To support Facility Operator Vendor Onsite 16 Private Security - To support Facility Operator Vendor Offsite 17 Portable Showers Weekly service/maintenance. Vendor 18 Portable Weekly service/maintenance. Vendor Restrooms 19 Utilities Monthly Power, Sewer, Water Utilities 20 Misc City Support (City staff oversight, Technical Support) City NOTES - Items 1-4 can be all separate parties, one party or a combination of several. - City has had preliminary discussions with the noted parties to gain an understanding of services provided, scope, and need; however, no formal contracts or proposals have been extended. - Individual Vendors will be required to provide Insurance consistent with City requirements; however, City of Bakersfield is investigating additional insurance needs/costs. ATTACHMENTS: Description Type ❑ Conceptual Site Layout Backup Material ❑ Letter of Intent, Signed 10/29/19 Backup Material ❑ Sept 11 2019 City Council Admin Report Backup Material ❑ Sept 11 2019 City Council PowerPoint Backup Material ❑ Emergency Shelter Research Document Backup Material ❑ PowerPoint Presentation Nov6 2019 Presentation 11/06/19 CC AGENDA PACKET PG 13 Written material submitted by Kaelyn Peterson Correspondence 11/06/19 CC AGENDA PACKET PG 14 � | \ M / Eui § N § a}\ 27 0 ~ E ui � 2 % | a®7 . � ?�- ` ■. � 0 CL � | *5 / ,III | | \ 2 � Sa|Aa|�|p W LU / ° ^\� \ \ S kC / E a2 ° ^| > 5 ejo u � � \ ,k■ 2 4 § § U ° m / \ � 0 k E UJ m § c 0 | ! ~ § N § a}\ 27 0 ~ u � 2 % q_l a®7 . � ?�- ` m . o § E ^ \ 3 /~� _ \- � � � � G � § �§ 0 § ■ I / �}� : |� . m \ 9 2 r 2 • . E m 0 ' 2 0 k $ | §/ --- - - -- D� 4A 0© © o E k§i a L tw | I e | | ■ ) § § c )d�� e - u e m ■ - > ! A . m � 0 CL � | *5 / ,III | | \ 2 � Sa|Aa|�|p W LU / ° ^\� \ \ S kC / E a2 ° ^| > 5 ejo u � � \ ,k■ 2 4 § § U ° m / \ � 0 k E UJ m § c 0 E % ~ § \ a}\ 27 0 ~ % e ; a®7 . � ?�- ` \ 3 § \ - e \- -- > 3zz° / t ƒ : |� 11106/19 CC AGENDA PACKET PG 15 ilii CUSHMAN& PACIFIC F I L IJ COMMEROAL REALTYADVISORS October 28, 2019 Duane Keathley Executive Director/Principal Lic. #01273287 5060 California Avenue, Suite 1000 Bakersfield, CA 93309 Direct +1 661 633 3816 Fax +1 661 633 3801 Duane. Keathley(a)paccra. com www.paccra.com Paul E. Bush c/o Oscar Baltazar & Stephen Haupt 10000 Stockdale Hwy. Suite 102 Bakersfield, CA 93311 Via email delivery: Oscar. baltazara,colliers.com, Stephen. haupt c ,colliers.com RE: Counter 1900 E. Brundage Ln. a portion of apn. 019-260-03 and 019-260-02 Bakersfield, CA 93307 Dear Paul: On behalf of The City of Bakersfield and/or Assignee (Buyer), the following outlines the terms and conditions under which Buyer is willing to consider buying the referenced property: L SELLER: Cal cot LTD 2. BUYER: The City of Bakersfield and/or Assignee 3. PROPERTY: The Property consist of two adjacent properties defined as follows: Property 1: Includes 69,808sf total office and warehouse space on an estimated 7.5 -acre site; located on portions of APN; 019-260-03 and 019-260-02 (see attached Exhibit "A") Property 2: Includes 10 acres of vacant property, immediately east of Property 1; located on a portion of APN: 019-260-03 (see attached Exhibit "B"). 4. PURCHASE PRICE: The purchase price for Property 1 is Three Million Eight Hundred and Twenty -Seven Thousand ($3,827,000.00), and the purchase price for Property 2 is One Million One Hundred Thousand ($1,100,000.00): payable all cash at Close of Escrow. The sales price includes any and all claims by SELLER for compensation arising from this transaction including, but not limited to, relocation assistance benefits and loss of goodwill. City may dispose of any items of personal property remaining at the subject Property at the time of transfer of possession without further liability. 5. DEPOSIT: A deposit in the amount of $450,000.00 shall be deposited into escrow within 15 days from the execution of the Purchase Agreement. The Deposit plus all accrued interest thereon will become nonrefundable to Buyer upon expiration of the Due Diligence Period, with the exception of Seller's work commitments in Appendix A. The Deposit will be a credit to Buyer against the Purchase Price at the close. The balance of the 11/06/19 CC AGENDA PACKET PG 16 Purchase Price, subject to adjustment for prorations, will be payable all cash at the Close of Escrow. 6. DEPOSIT IN ESCROW: The Deposit $450,000 shall remain in Escrow and released to the Seller upon the end of the Due Diligence Period. 7. EFFECTIVE DATE: Upon Fully Executed Purchase Sale Agreement ("PSA"). 8. CLOSING COSTS: Seller will pay for all property assessments including taxes, liens and encumbrances. Buyer will pay for CLTA Owner's Policy of Title Insurance, documentary transfer tax, and base escrow fees. All other closing costs will be allocated between the parties. There will be NO prorations of property taxes as Buyer is a Tax-exempt entity. 9. CONTINGENCIES: The purchase is subject to Buyer's approval or disapproval of the Property during the Due Diligence Period, and approval of the PSA by the Bakersfield City Council and Seller's board of directors. 10. DUE DILIGENCE PERIOD: Buyer shall have until November 30, 2019 to perform any and all due diligence. Seller to authorize buyer to perform a Phase I & Phase 11 inspection of the site. In the event a Phase II is required, the Due Diligence shall be extended to December 17, 2019. Buyer to have the right to parcel the Exhibit "A" portion of the estimated 7.5 acres with the seller's written approval. 11. CLOSE OF ESCROW: The Close of Escrow shall be five (5) days following the completion of Seller's work which shall be completed no later than December 31, 2019, unless otherwise extended by Buyer and Seller, final inspections, City approval, and all lien releases. 12. ESCROW HOLDER: Escrow Holder shall be: Ticor Title Company 13. ENTERING PROPERTY: Seller grants Buyer the right to enter upon the property to conduct test and inspections and Buyer agrees to indemnify, Seller from any liability associated with Buyer, or Buyer's agents, vendors, etc. when entering upon the Property. Buyer shall indemnify Seller from any liability associated with Buyer and or Buyer's vendors entering the Property. z 0K�_X COMMISSION: Purchaser and Seller have dealt with no other real estate brokers concerning this transaction except for Cushman & Wakefield I Pacific Commercial Realty Advisors, who represents Purchaser, and Colliers International, who represents Seller. Seller shall pay a sales commission of $180,000 to be split 50/50. 15. LEASE BACK: Lease back to be 3 months after the close of escrow for office space currently being utilized by Calcot (not to exceed March 31, 2020). City will only allow construction by licensed contractors and or Bakersfield City staff in the space not currently being used by Calcot during the 3- 11/06/19 CC AGENDA PACKET PG 17 month term for construction and remodeling purposes. The city agrees not to provide any housing shelter during Calcot's occupancy. 'Phis Letter of Intent is not a binding proposal and shall only be binding at such time as a formal purchase agreement is mutually approved and signed by both parties. If the terms and conditions outlined in this letter are acceptable to you, we will prepare a formal Purchase and Sate Agreement. If you have any questions please call, otherwise I will look forward to hearing from you after you had an opportunity to review this proposal. Please respond to this proposal by 5:00 p.rn, on October 28, 2019 at which time this proposal shall expire. Sincerely, Duane Keathley Executive Director/Principal Cushman & Wakefield Pacific ED AND ACCEP Buyer: The.. of Bakersf an r Assignee Seller - t LTD] By: AMGL By: Date: U Z Date: 11/06/19 CC AGENDA PACKET PG 18 EXHIBIT "A" SITE PLAN 11/06/19 CC AGENDA PACKET PG 19 OWNERS WORK/REPAIRS APPENDIX A CALCOT REPAIR ROOF FLOOR REPAIR PAINT FENCES COOLERS/HEATERS 11/06/19 CC AGENDA PACKET PG 20 o{s-26 LEGEND RDASEo w•,+ A rei JURISOCU0N tnr I —'114[lri D+SCtNMER �a=rt� eta? CBK. 018 EXHIBIT "B" SW1 /4 SEC.33 T.29S. R.28E. oT9-26 019--26 'RN 11/06/19 CC AGENDA PACKET PG 21 .,t :iA K Fk S,n =rJ ADMINISTRATIVE REPORT �ttr ak"��' MEETING DATE: 9/11/2019 Workshops 6. b. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DAT E: 9/4/2019 WARD: SUBJECT: Update on City Efforts to Address Homelessness STAFF RECOMMENDATION: Direct staff to move forward with items one, two, three and four. BACKGROUND: HOMELESS CRISIS INBAKERSFIELD I n recent years, the State of California has experienced an increase in the number of homeless individuals throughout the State, including within the City of Bakersfield. The annual 2019 "Point in Time Count" showed 1,330 homeless individuals in Kern County with 1,150 (or 80%) located within the Metropolitan Bakersfield area. These numbers represent an overall increase of50% over the prior year, with 643 un -sheltered individuals in the Metro area. CALL TO ACTION In response to the crisis, Senate Bill 850 created the 2018Homeless Emergency Aid Program (HEAP) to allocate funding to cities to address the impending crisis. Local jurisdictions that declared a "shelter crisis" were eligible for funds. Therefore, on November 1, 2018, the Bakersfield City Council adopted Resolution No. 143-18 declaring a shelter crisis within the City of Bakersfield. Over the last year, the City of Bakersfield has partnered with local service providers to provide funds for the construction of 80 new emergency beds and to help address homelessness through several programs and new services; including: • Allocation of former RDA/CDBG funds to the Bakersfield Homeless Shelter (BHC) to add 40 additional emergency shelter beds to the existing facility. • Allocation of State HEAP funds ($1.2 Million) to the Mission at Kern County to add 40 additional emergency shelter beds to the existing facility. 11/06/19 CC AGENDA PACKET PG 22 • Allocation of State HEAP funds ($67,000) to United Way and the Kern County Housing Authority for rental assistance to homeless youth. • Allocation of annual Federal HUD Emergency Solutions Grant funds ($293,680) to support local Emergency Shelter, Street Outreach and Rapid Re -Housing programs. • Allocation of former Redevelopment funds ($200,000) to the Bakersfield Homeless Center in support of operational needs. • Funding of BHC Employment Contracts — nearly $1 million per year (over 50 employed last year): o Animal Control Facility Program (approximately $210,000), operating since 201 o Greenwaste Facility Program (approximately $250,000), operating since 2010 o Freeway Litter Removal Program, Multi -agency with Caltrans and KernCOG funding. ADDITIONAL RECENT EFFORTS TO ADDRESS HOMELESSNESS In addition to these efforts, the passage the Public Safety & Vital City Services Measure (also known as Measure N) allowed the City to dedicate more than $11.5 million additional dollars to addressing homelessness. The City has since used these funds to launch several new and creative initiatives to address to homelessness: 1. Support Downtown Clean Teams A variety of volunteer -based clean-up activities occur within the Downtown area of Bakersfield, and City Staff from the Solid Waste Division of the Public Works Department has supported these efforts by coordinating with volunteers to schedule extra trash -hauling pick up services, etc. At the request of the City Council, Staff is also reviewing the provision of cleaning services to the Downtown area, with specific focus on addressing recent complaints related to human feces. Options under consideration include contracting with a private professional cleaning service or providing support to the existing privately funded "Clean Team" that operates through a contract with the Bakersfield Homeless center. Action. Direct Staff to return to Council with a Contract for Downtown cleaning service. 2. Increased Policing and Security The Bakersfield Police Department (BPD) recently launched increased Problem Oriented Policing patrols throughout the areas of the City most impacted by recent increases in reported crime. This program includes deployment of specialized Impact Team officers to focus on pro- active policing activities geared toward reduction of crimes of opportunity. At the request of the City Council, the BPD has also initiated review of the possible temporary addition of private security services to areas of the City which are most impacted by recent increases in crime. Program elements are under evaluation; however, the focus would be the prevention of property crimes; including burglary, theft, vandalism, auto theft, etc. The BPD is exploring the use of reported crime data to deploy private security details to areas of the city experiencing the highest volume of property crimes and quality of life issues. 11/06/19 CC AGENDA PACKET PG 23 Action. Direct Staff to return to Council with a Contract for private security service. 3. Support for Kern County Homeless Collaborative The existing Kern County Homeless Collaborative includes dedicated members from a variety of organizations including non -profits, faith -based, governments, and more. The collaborative acts as the "continuum of care" with a mission to get homeless individuals off the street, connect them to resources, and create a path to permanent housing. The effort is funded by an annual Federal Grant used to support housing vouchers, supportive services and case management. A small portion of the grant is set aside for administration allowing the Collaborative to be managed by the United Way and through the volunteer efforts of the members. However, homeless issues have grown in complexity and past funding levels have become in sufficient. Therefore, in 2019, the City of Bakersfield, Kern County and other services providers recognized the need for additional administrative support for the Homeless Collaborative. The City and County each pledged $155,000 to support on-going funding for full-time staff, creation of an Executive Board and creation of a Non -Profit. In July 2019, the existing Governing Board voted to support the restructure in an effort to strengthen ongoing efforts within the community. These actions will improve coordination of City, County, and non-profit resources by facilitating the hiring professional staff who will help the Collaborative expand, coordinate, and implement resources to address homelessness. Action. Direct Staff to return to Council with a budget appropriation ($155,000) to support the new staff for the Collaborative. 4. Construction of Additional Emergency Shelter Beds The PSVS allowed for the allocation of $4 million to construct additional emergency shelter beds. Work toward the expedited implementation of this critical project is underway. This project will result in the initial construction of 100 — 300 additional emergency beds, with the ability to add additional beds and phases as needed. As detailed in the attached Analysis document, Staff has identified the Facility components that will be required to ensure that the Facility is safe, clean and successful in encouraging homeless individuals to come to the site, receive services and move on to permanent housing options. Using this information, Staff initiated a multi -faceted search for a location; including: • Consultation with commercial realtor to search for "listed properties." • Outreach to local stakeholders for assistance in locating potential unlisted properties. • Review of existing M-2 zoned property throughout the City (approximately 650 parcels). Many of the initial properties were found unsuitable due to size, location, proximity to sensitive users, existing conditions on the site, property price, etc. Staff also continues to receive inquiries from private property owners throughout the City who are interested in leasing or selling property to the City and additional options continue to be added for evaluation. As of the time of preparation of this report, several properties have been identified with high 11/06/19 CC AGENDA PACKET PG 24 development potential and include office/warehouse structures, vacant property and motels. Staff is in the process of evaluating each site in further detail and engaging in discussions with the property owners and expects to have a recommended site in the very near future. Action. Direct Staff to return to Council with a Purchase or Lease Contract for a recommended property. 5. Rapid Response Team Launch The PSVS funded the creation of dedicated "Rapid Response Teams" within the Recreation & Parks Department and within Code Enforcement. These teams launched in August of 2019, operate 7 days per week, and are dispatched through the City's updated Mobile App which allows residents to quickly and easily report encampment and litter issues from their mobile home or computer. Code Enforcement Teams respond to reports of illegal encampments and trash throughout the City and work with business owners to mitigate the effects of homelessness. Recreation and Parks Teams respond to encampment clean-ups in the City's Parks and on the City's streetscapes, landscape areas and medians. 6. Community Prosecution Program City Staff has supported a concept developed by the Kern County District Attorney's Office to develop a Community Prosecution Program. This program would reserve 100 County jail cells for individuals who commit crimes and are sentenced for up to 90 days. During the term, the individuals would receive medical, mental health and detoxification services. The City has agreed to allocate up to $300,000 to fund two prosecuting Deputies within the District Attorney's office to work on this program. 7. Clarification of Use of City Facilities At the request of Councilmember Gonzales, the City Attorney's office prepared an update to Section 12.56.055 of the Municipal Code to clarify that City employees shall have the authority to expel an individual or group from any and all City amenities, equipment or facilities if said individuals or groups are not using the city amenities, equipment, or facilities in accordance with its design and/or its intended use as determined reasonable under the circumstances. This item is included on the September 11, 2019 City Council Agenda. ATTACHMENTS: Description Type ❑ Emergency ShelterAnalysis Backup Material 11/06/19 CC AGENDA PACKET PG 25 U m V1 V1 V) L � C6 N cn f6 a) � N U •� i Ln -0O � N O uO O u V O � ♦"� O .- Vf = �>-, = N o � L (A O ca — � � � •— (/'f O a� O L • � Co O Nroco ra � 0 w i o=ro • >_ co V O O (n •cI'f cn o ; U Of O V 4 _ 'p o S.. a) c6 CL C� O -0 Ln CL Ln � Ln o N o Vj- N Ln V v .E rl S�° E �� O • • o Cyro ago oc = cn O 4-J ca . . 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TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager CREATED BY: Jacqui Kitchen, Assistant City Manager DATE: 9/19/2019 SUBJECT: City Efforts to Address Homelessness, follow-up from September 11, 2019 Workshop. STAFF RECOMMENDATION: Receive and File update. BACKGROUND: HOMELESS CRISIS IN BAKERSFIELD In recent years, the State of California has experienced an increase in the number of homeless individuals throughout the State, including within the City of Bakersfield. The annual 2019 "Point in Time Count" showed 1,330 homeless individuals in Kern County with 1,150 (or 80%) located within the Metropolitan Bakersfield area. These numbers represent an overall increase of 50% over the prior year, with 643 un -sheltered individuals in the Metro area. SEPTEMBER 11, 2019 WORKSHOP On September 11, 2019, a Workshop was presented to the City Council to review the actions that the City has taken to address homelessness in Bakersfield. Discussion included an overview of past City actions to support homeless service providers and the following new initiatives and programs: s 3 -Point aaaroach to address Homelessness: 1. Acknowledge the Crisis: • Emergency Resolution passed November 8, 2019. 2. Strengthen Existing Providers: • 40 new Emergency Beds at Bakersfield Homeless Center: $1.1 Million CDBG/RDA allocated 11/7/18. • 40 new Emergency Beds at the Mission at Kern County: $1.1 Million State HEAP funds allocated 1/23/19. • Fund BHC Operations: $200,000 allocated on 12/12/18. • Fund BHC Job Programs: Nearly $1 million per year (over 50 employed last year): - Animal Control Facility Program (approximately $210,000), operating since 2013 - Greenwaste Facility Program (approximately $250,000), operating since 2010 - Freeway Litter Removal Program, Multi -agency with Caltrans & KernCOG funds. 11/06/19 CC AGENDA PACKET PG 71 3. Implement PSVS funds for New Programs: • Support Downtown Clean Teams • Increased Policing and Security • Support for Kern County Homeless Collaborative • Construction of Additional Emergency Shelter Beds • Rapid Response Team Launch • Community Prosecution Program • Clarification of Use of City Facilities COUNCIL DIRECTION At the conclusion of the September 11, 2019 Workshop, the City Council gave Staff specific direction to take next steps toward implementation of several programs. The specific direction and current status are noted below. 11/06/19 CC AGENDA PACKET PG 72 Topic Direction Status Next Steps 1 Downtown Directed Staff to return to RFP Issued on 9/13/19 with Council Action: Consent Cleaning Council with a Contract 48-hour response window. 2 Item on 9/25/19 Agenda for Downtown cleaning responses received. service. Recommended bid: $90,740 2 Private Directed Staff to return to RFP Issued on 9/13/19 with Council Action: Consent Security Council with a Contract 48-hour response window. 3 Item on 9/25/19 Agenda for private security responses service. received. Recommended bid: $86,856.32 3 Homeless Directed Staff to return to MOU prepared and ready for Council Action: Consent Collaborative Council with a budget signature; along with Budget Item on 9/25/19 Agenda appropriation to support Appropriation ($155,000) the new staff for the Homeless Collaborative. 4 Emergency Directed Staff to return to Staff engaged in active real Upcoming Agenda Item Shelter Council with a Purchase estate negotiations. Goal:10/23/19 or Lease Contract for a recommended property within 30 days. 5 Community Directed Staff to On 9/18/19, City Staff met Upcoming Agenda Item Prosecution negotiate with Kern with Kern County Supervisor Goal:10/23/19 Program County to provide partial Scrivner, the District funding in support of the Attorney, the Sheriff and CAO Program. staff to discuss preliminary plan and costs. The County is continuing work to prepare operational and cost calculations; discussions are ongoing. 11/06/19 CC AGENDA PACKET PG 72 REC'D & PLACED ON FILE AT BAKERSFIELD CITY COUNCIL 11/6/2019 � MEETING tTl t,� l t�tcSmoT s l� a" City Efforts to Address Homelessness Update 3 — Emergency Shelter Bakersfield City Council Meeting November 6, 2019 Homelessness in Bakersfield: A Growing Crisis May 24, 2017: City Council Discussion on Homelessness • Bakersfield Homeless Center, Mission at Kern County, Flood Ministries • Insufficient Shelter beds, Supportive & Preventative Services, Case Managers & Training, Supportive & Transitional Housing February 21, 2018: Update on City Response to Homelessness • HUD/ESG Funding for Shelter Operations and Supportive Services • BHC Jobs Programs: $1 million allocated & over 50 employed per year • City Staff: Police, Code Enforcement, Public Works, Rec & Parks, Water May 9, 2018: Workshop on Annual Point in Time Count • Presentation from Kern County Homeless Collaborative 885 homeless Individuals (+ 9%), 370 Unsheltered (+ 46%) 1 11/06/19 CC AGENDA PACKET PG 73 Homelessness in Bakersfield: A Growing Crisis • 2019 = Visible changes throughout the Community • Increased calls for service to multiple Agencies • Impacts to residents and quality of life • Less than 400 Emergency Beds in Bakersfield 2019 Point in Time County Summary NAm&Sh" Metro Sheltered 498 507 + 2% Regional Sheltered 17 18 +6% Metro Unsheltered 309 643 + 108% Regional Unsheltered 61 162 +166% Total Metro Bakersfield 807 1,150 +43% Total Reeional (Rural) 78 180 +131% The Face of Homelessness in 2019 Flood Ministries Outreach Team September 2019 Survey of 69 individuals & 15 Couples What keeps you from going to a local Emergency Shelter? • 6 No place for their possessions • 13 Safety concerns • 12 Can't keep their pets • 17 Do not want to be separated from their partner Other barriers: Location, Negative Staff, No Services Provided, No Room, Active Users, Privacy Concerns, Restrictions (rules), Undocumented, Outstanding Warrants, Too III to stay and Unsanitary. • 91% (77) open to a low barrier shelter if their concerns are addressed 9% (8) not open to a shelter Homeless Population in Bakersfield is complex, no single -solution 11/6/2019 2 11/06/19 CC AGENDA PACKET PG 74 City in Action: September 11, 2019 Workshop Discussed historical efforts of the City to address homelessness. ➢ Discussed the City's new Three -Point Approach: 1. Acknowledge the Crisis. City Council Passed Emergency Resolution in November 2018 2. Strengthen Existing Providers ➢ 11/07/18. $1.1 Million for 40 new Emergency Beds at BHC ➢ 12/12/18. $200,000 allocation for BHC Operations ➢ 01/23/19. $1.1 Million for 40 new Emergency Beds at Mission ➢ Fund BHC Job Programs: Nearly $1 million per year (Animal Control Facility Program, Greenwaste Facility Program, Freeway Litter Removal Program) 3. Implement new PSVS (Measure N) funds City in Action: September 11, 2019 Workshop 40 Community Meetings =13 Priorities for PSVS (Measure N) Inoreaehg pole stalling to limix-e pole rsspaw thus, raduce crttw, and hasty neighborhood pohbe pa/rola Improving rapid response to assaults and robberies MaintalnkVirrproving rapid _ response to gang violence Investigating and proscOvely pre N&V pvty aAn es. burglar" and vehicle 11u#s Ifwirg P-ibliC areas soft and clean 8dwptluNng the capacity of No Spaolal EnIO(Mn d Unit Expanding the School Resource Officer Program Mahtahhg a fully staffed and e4uoped chm II rebd M depa6nnt ve;4-19 INDmolonfless tivao part,iersn" vttt wyme plor#eri to imcrea66 "T021:114 •helering and construction d affordable housig, Addreeshp 11116 fftoi stability of do City Creahng jobs through economic development, cess retention:attraction and workforce development Enhanoi g an11auMles tMOugho11d do community to invite" 11r quaift of we and at6aot vhsaae Enhancing neighborhoods through additional code enforcement and improved park maintenance 11/6/2019 J' 11106119 CC AGENDA PACKET PG 75 City in Action: September 11, 2019 Workshop City Efforts to implement new PSVS resources dedicated to Homelessness 1. Support for Downtown Clean Teams 2. Increased Policing & Security 3. Support for the Kern County Homeless Collaborative 4. Rapid Response Team Launch S. Support of Community Prosecution Program 6. Clarification of Use of City Facilities 7. Additional Emergency Shelter Beds City in Action: September 11, 2019 Workshop Emergency Shelter Research • Bakersfield Homeless Shelter —Ongoing • KC Rescue Mission —Ongoing • Fresno Rescue Mission —June 14, 2019 • San Diego Alpha Project —July 11, 2019 • San Louis Obispo —July 29, 2019 11/6/2019 4 11106119 CC AGENDA PACKET PG 76 - City in Action - City Council Direction on 9/11/19 Downtown Return to Council with RFP Issued 9/13/19. COMPLETE Cleaning Contract for cleaning 2 responses received. City Council approved service. Recommended bid: Contract on 9/25/19 $90,740 Private Return to Council with RFP Issued 9/13/19. COMPLETE Security Contract for private 3 responses received. City Council approved security service. Recommended bid: Contract on 9/25/19 $86,856.32 Homeless Return to Council with MOU prepared; Budget COMPLETE Collaborative MOU and budget Appropriation: $155,000 City Council approved appropriation. Contract on 9/25/19 Emergency Within 30 days, return to ACTION NEEDED Shelter Council with a Purchase 11/06/19 City Council or Lease Contract. Agenda Item ommunityego ate, wqh Kerr, L^rig County preparing TRnljng Prosecution County to provide partial preliminary plan, Possible Upcoming Program funding in support of the operational parameters City Council Agenda Program. and cost estimates. 11/6/2019 5 11/06/19 CC AGENDA PACKET PG 77 City in Action: Emergency Shelter Update Action Item 4: Since 9/11 meeting, Staff has continued work: ➢ Continued meeting with potential Operators and Service Providers to gain clear understanding of Site Needs. ➢ 3 -Tier Property Search (Searched all City M-2 zoned property, Active Commercial Listings, and Local outreach) ➢ Searched for property that met Site Criteria presented on 9/11/19: E3 M-2 Zone = "by -right" use and more operating flexibility • 2007 Housing Accountability Act & Housing Element law • 2009 Council Resolution & Rationale: Buffered from sensitive uses (residential neighborhoods & schools) v Sufficient Space = co -locate Services on-site & add future phases. o Safety = Ability to design a layout that meets security needs. Emergency Shelter Update Considerations during Evaluation: Lessons Learned To be Successful, the Facility Must: ✓ Be professionally operated. ✓ Be located in an area that will minimize and mitigate impacts to the surrounding community and businesses. To encourage the homeless to come to the facility: ✓ Facility must be safe. ✓ Facility must be clean. ✓ Facility must be offer specific amenities and services not otherwise available on the streets. 11/6/2019 n 11/06/19 CC AGENDA PACKET PG 78 11/6/2019 FffM-2 Property Search 650+ Parcels y� Many were: - I I I ( •\ __T.....: • Too Small • Inefficient - - building l 77--_ configurations ( ! r • Close to sen ve • Notsfolr sale i �' I jJ .. LF Not 1 --IT —t— t711 -ra 7 11/06/19 CC AGENDA PACKET PG 79 table 2. Recommended Facility Components on rte -iced Pw Basic • Office space for coordinated entry & intake Efficient intake Physical . Office space for benefits management Connect clients to benefits 1111- Features • Sleeping quarters • Place to shelter at night • Restrooms, Showers • Provide for clean sanitation • Laundry facilities • Preparation for services • Kitchen & cooking and warming area Provide consistent meal service • Dining/Cafeteria area Provide sanitary area to eat • Day -room and recreational areas On-site area for clients during day Low Pets: Dedicated areas and supplies for pets • Ensure pet wellbeing Barrier Partners: Areas for couples to stay together • Allow couples into facility Features Possessions: Storage areas with sanitization • Encourage daytime productivity Safety Full Fencing and Lighting • Increase Security & Visibility Features . Well-planned entry and registration area • Ensure efficient operation • Consideration of "referral only' model • Reduce impacts to surrounding area • Separate Dormitory areas for men and women • Create privacy for clients • Separate "Quiet Areas" for sensitive residents • Prevent and reduce conflicts • Adequate Stafftraining • Ensure safety of clients and staff • On -Site Private Security, potentially Off -Site • Safety of staff and clients • Pro -active Police In area (Local Impact Team) • Reduce impacts to surrounding area On-site . Professional Facility Operator • Run Efficient and Safe Facility Services • Outreach Services • Connect People to the Facility • Transportation Services • Streamline access to Facility • Coordinated Entry (HMIS) & Benefits Review • Reduce duplication of services • Physical & Mental Health Services • Provide care & incentive to come • Food Service • Address hunger, provide stability • Employment & Job Training • Encourage productivity & growth • Case Management • Ensure Program success & progress • Housing Navigation & Placement • Facilitate next steps ah.er s•errBen: ; ': r'er;r�^ Cz rc 'inclvc.n s $ne,!rer ,,,rn •r.-h•a:•vr.5 sato FffM-2 Property Search 650+ Parcels y� Many were: - I I I ( •\ __T.....: • Too Small • Inefficient - - building l 77--_ configurations ( ! r • Close to sen ve • Notsfolr sale i �' I jJ .. LF Not 1 --IT —t— t711 -ra 7 11/06/19 CC AGENDA PACKET PG 79 11/6/2019 Emergency Shelter Update Recommendation: Site 1, 1900 E. Brundage Lane (CalCot) • 110 -acres • Between MLK Blvd & Washington ... • North of I Hwy 58 d ` - • 40+ Metal Warehouses - • 7.24 -acre Office Complex • 34,832 sq ft --- office space,ra,'"'`" • 34,975 sq ft to_ P. r� 11/06/19 CC AGENDA PACKET PG 80 Emergency Shelter Update Using Research Information, 2 Site Finalists Selected • Issued LOI on 2 r — properties. i +- • Property — # Owner.°" """� • ; ®w «,. i ; Confidentiality • Evaluated cost, ® • amenities, location, �� ..y �rV r e,k•,•,,,,, e ability to grow, ability to meet all needs.AOO ,..,., .. _. • Signed LOI 1 10/29 = ®�,, ®,. _. 0 Immediate Press Release P is Emergency Shelter Update Recommendation: Site 1, 1900 E. Brundage Lane (CalCot) • 110 -acres • Between MLK Blvd & Washington ... • North of I Hwy 58 d ` - • 40+ Metal Warehouses - • 7.24 -acre Office Complex • 34,832 sq ft --- office space,ra,'"'`" • 34,975 sq ft to_ P. r� 11/06/19 CC AGENDA PACKET PG 80 Emergency Shelter Update Calcot Benefit 2: Sufficient Space 4 ■. 450 beds 1 Pelcfi Parka , Possessions Office Space for ail Service Providers lei I 4 6 11/6/2019 4 11/06/19 CC AGENDA PACKET PG 81 Emergency Shelter Update Calcot Benefit 2: Sufficient Space for Full -Service Facility DRAFT- CONCEPTUAL LAYOUT _ Went 11—I'Itl: Suitable Specs i Poll-Sutptatlon Dormitory1 ^� ,— D ossetAons Stora{a �� Phw 1,100 YM - - re.aw. Dem"s rhea. 1. 160 Me. - Ph— a 100 `.e. (]f,000Yh AC In PI...1 - -- (MOOD .e h I Reny heW h Plyt Vendor Employee Mking Drop-oR E�sp(ttll{� Z�h '-lr OMerle 1 dnlrlE (Emerge-V$halter) —.4 -z� rmm.lu. 1 rh...Doirs LOO Yee. } aimed c-irdinvted ]halt. ; Is.oaa .e hl DrOp'o}fy 1 Employee Perldll8 - Pet [eruWs Phew It 7e ry _;4H BKNNC 7 _ .� ] - BPD Substation i i�J (19,000gh( Vacant Dirt Aram (Pe-aY pwn•.Pr w P".W y - Day _ LJ Room L—L—L— _ � —, "n„�... F�� Am — OPD Employee Entrence T L7_ [u[eD t t O + m..o..w.l.,..-....I S.M. Public provlden Entnnce - nn Visitor pwk q 11/6/2019 10 11/06/19 CC AGENDA PACKET PG 82 Emergency Shelter Update Calcot Benefit 3: Police Substation Full time Staff and Service for Residents: • Desk officer (7am — 7pm) • Clerks (8am — 5pm) • Front counter services • Provide copies of reports & related services • Receive citizen complaints On-site Police activity • Patrol Shift Briefings & Deployment (6am, 1pm, 9pm) • New Community room (Community meetings, training, briefing for patrol officers) • Parking & storage for PD's fleet and equipment, Fuel service • Safe exchange \Possible home to the Impact Unit Site location & Design = Different type of Program: • NO Walk-ups • Referral Only Model 'Boom • No daily meal service (no i migration of people) • Transportation Program f"F and Parking • Full-time Security - On- site & 10 -block radius • Fully Fenced & contained _ Security Plan in consultation with BPD: • Coordinated Entry • Registration & Visible ID • Screening & Weapons removal • Cameras • Enhanced lighting • Secure Access Areas • Fully fenced • Electronic Entry Gates 11/6/2019 11 11/06/19 CC AGENDA PACKET PG 83 Emergency Shelter Update Calcot Benefit 4: Adjacent 10 -Acres Shelter Future llllllli�w.W- Ilk I i ON, 11/6/2019 12 11/06/19 CC AGENDA PACKET PG 84 IEmergency Shelter Update Opportunity to Build upon Recent and Upcoming City Improvements in SE Bakersfield ➢ MILK19,TK Park: New Electrical &Lighting for bW - � 0 8 0 * � courts, security, rec center, and pool NN BELLE ➢ MLK Community Center: I • TERRACE PARK � • Summer Day Camps & Free Meal Programs • Swimming Pool with $5 Swim Lessons • Exercise: Drop-in basketball & fitness center • Activities: Halloween Town, Santa's winter Wonderland, Kwaanza, Harambee Art Gallery , and Springtime Egg Hunt, Build -a -Bike I programs, Good Neighbor Festival, etc. i ➢ Friendship House: 2424 Cottonwood, facilities and Improvements M ➢ Linnell-Brahma Neighborhood Park: 5 Union and Panama Lane area, City has submitted a Prop 68 grant to construct. Belle Terrace Park: City may contribute 2020 V RG funds for renovation of County Par k... 11/6/2019 13 11/06/19 CC AGENDA PACKET PG 85 Emergency Shelter Update Opportunity to Build upon Recent and Upcoming Improvements in SE Bakersfield $8,110,733 in last 6 -•a4s • ".�,. ©�..+��� Years (HUD) © • Streets, Curbs, C3 nw�11­ w I � "°•�""° '� Gutters, Sidewalks ' "• _ • Parks Upgrades _ • BPD Impact Team } i�l • Senior Center, L a c— $7,313,691 in last 2 I _ I C—" T— i'"'p''`•—W hW"••"0—t .r years (Transit) � '� lk��rtY�6rl.r.iKmdU"r iNLL 14h Ln Y C k.�U"A—k.—SA 51 t. P.r L— •��•• i 1�7Loi"�h1 ��� Pavement Pavement & " '`�w07io7r�"'•1 Pedestrian u Improvements ,. • Union Avenue "•' " - ^ A F Pavement Rehab i ° °• i 1 11/6/2019 13 11/06/19 CC AGENDA PACKET PG 85 Emergency Shelter Update Upcoming Opportunities for Additional Investment in SE Bakersfield Economic Opportunity Areas (EOA) • Locally initiated program that uses property tax increment financing to promote economic growth. • Intended to facilitate increased private sector investment to promote businesses growth and generate new jobs. • 3 EOAs in SE Bakersfield: Airport, Hwy 58 / Mt. Vernon, Southeast • $100,000 each US EPA Community Assessment Grant (Airport Revitalization Plan) • Upcoming Revitalization Plan to help guide redevelopment and define reuse options and public improvements. • Goals and objectives for plan: • Promote cleanup and reuse of brownfield properties • Stimulate economic development • Expand public infrastructure and utilities Emergency Shelter Update Budget Considerations — Capital Cost • FY 19/20 budget includes $9.0 million to address homeless housing: • $4.0 Million Low Barrier Emergency Shelter • $5.0 Million "next step" Affordable Housing • Request for Proposals out for Affordable Housing component; however, unlikely those funds will be fully committed this FY. • Calcot Facility facilitates completion of the Shelter component and potential acquisition stage of the Affordable Housing component. • Portion of the $9.0 million will convert in future fiscal years from capital Investment to operations and maintenance. $ 3,827,000 $1,100,000 $1,900,000 11/6/2019 14 11/06/19 CC AGENDA PACKET PG 86 Emergency Shelter Update Budget Considerations — Operating Estimate Research of annual operating budgets of existing facilities in CA and nation. Budgets vary significantly, based on several factors including the staff to client ratio, private vendor costs, food costs, degree of donor participation and more. Final costs will be dependent on the actual bids received for services and the level of partnership with existing local services providers and benefactors. Anticipated services and potential partners in Table 4, Operational Needs and Potential Partners. Annual Beds Person/ Year $5,317,209 325 $16,361 $3,050,500 150 $20,337 $2,247,713 150 $14,985 $2,300,000 200 $11,500 $1,290,500 100 $12,905 Person/ Emergency Shelter Update Day Table 2. Calcot Facility Components & Phase 1 Construction Needs Low Barrier Componenet $45 Possessions Storage Add storage space within existing Warehouse 2 $2,033,667 Pet Area Install Kennel Space $32 Partners Create Dedicated space within Dorm Area $1,290,500 On-site Amenities Safe Clean Sleeping Area Add Dorm Beds & Partitions to Warehouse 1 Showers Install portable (Phase 1), later permanent Restrooms Install portable (Phase 1), later permanent Green Space Fence/secure existing Green Space (Phase 1) —Dining Renovate existing Cafeteria & Install Kitchen Laundry Install permanent machines Parking Facility Manager Facility Operator Case Managers (1/20 beds) Housing Navigators Medical Provider (3x week) Mental Health (3x week) Transportation ence parking area for Employees On-site Services Approximately 30 separate offices exist at the facility. A majority are In "ready" working condition and need simple modifications (replacement of glass with durable materials, furniture etc.) to become operational. Food Service (3 meals/day) Vet Tech/Animal Care & Veterinarian Private Security — Onsite & Offsite Yes Not., Other construction components include but are not limited to utility connection modifications, exterior updates, secunt—t-of unused portions of the building, bathroom conversion to comply with American Disability Act (ADA), replacement of glass offices windows, etc. Emergency Shelter Update Budget Considerations — Operating Estimate Research of annual operating budgets of existing facilities in CA and nation. Budgets vary significantly, based on several factors including the staff to client ratio, private vendor costs, food costs, degree of donor participation and more. Final costs will be dependent on the actual bids received for services and the level of partnership with existing local services providers and benefactors. Anticipated services and potential partners in Table 4, Operational Needs and Potential Partners. Annual Beds Person/ Year $5,317,209 325 $16,361 $3,050,500 150 $20,337 $2,247,713 150 $14,985 $2,300,000 200 $11,500 $1,290,500 100 $12,905 Person/ 100 Bed Day Annual $45 $1,636,064 $56 $2,033,667 $41 $1,498,475 $32 $1,150,000 $35 $1,290,500 11/6/2019 15 11/06/19 CC AGENDA PACKET PG 87 Emergency Shelter Update Next Steps 1. Authorize the City Manager to negotiate and return with Purchase and Sale Agreement for the Calcot Property. 2. Begin space planning using Architect experienced with designing Emergency Shelter Facilities. Include known and potential Service Providers. 3. Issue Request for Proposals for Operational Services, as noted in Table 4. Upon receipt of bids; define Operational budget and return to Council with Agreements. 4. Initiate actions to begin Phase 1 retrofit of the facility, as described in Table 2. Return to Council with Agreements. Based on the information provided to date, goal is to open Phase 1 within 6 months of acquisition. 11/6/2019 16 11/06/19 CC AGENDA PACKET PG 88 11/6/2019 17 11/06/19 CC AGENDA PACKET PG 89 November 6, 2019 Hon. Karen Goh Mayor, City of Bakersfield Hon. Chris Parlier Vice Mayor, City of Bakersfield Mr. Alan Tandy City Manager, City of Bakersfield Mayor Goh, Vice Mayor Parlier and Mr. Tandy: GREATEN` BAKERSFIELD U- I/ -\/V kDLr\ REC'D & PLACED ON FILE AT BAKERSFIELD CITY COUNCIL MEETING ,.UoicC.sNVP 6 .Ct j<C169 n Pa vu- Sc,(N On behalf of the Greater Bakersfield Chamber - Kern County's largest and broadest business association - I am writing to offer our support for the city's proposal to purchase the CalCot property on East Brundage Avenue for the purpose of establishing and operating a low barrier homeless shelter. Our members view homelessness as a top priority for local government; indeed, in a recent survey of our largest employers, combatting homelessness was identified as the top concern for our businesses. Beyond our overall interest in the issue of homelessness, we have an interest in the fiscal matters of the City and most importantly and specifically in the discussions around how funds from the City's Public Safety and Vital Services (PSVS/Measure N) sales tax measure are spent. As a key supporter, ballot argument signatory and champion of the campaign to pass the PSVS, we have a clear point of view about how those funds should be spent. Homelessness was identified as one of the funding priorities in the PSVS ballot language, and we have supported the city's appropriations toward this area. Homelessness has become a crisis in California, and for a variety of reasons low barrier shelters have become necessary aspects of any large city's plans to address the issue and the population of chronically homeless individuals. No one facility, no one program, and no one organization can "fix" this issue - it will take sustained effort and investment. Unfortunately, there is also no "perfect" location for a facility of this type. There will always be concerns about neighborhood safety. While we support the establishment of this facility, we will expect and our members will demand that this facility operates as a good neighbor. We are encouraged by the intake and operational plans for the facility and most importantly by the proposal to site a police substation on this property. As you know we also submitted a letter last week to the City and County on our desire for collaboration between local governments, and support for certain funding proposals including the efforts around the community BUILDING,';wl�thiKaJ 1725 Eye Street, Bakersfield CA 93301 — 661.327.4421 — bakochamber.com 11/06/19 CC AGENDA PACKET PG 90 prosecution program. We continue to stand by the comments submitted last week - and especially around collaboration between local governments, housing agencies and nonprofit service providers. Finally, we would like to commend the city - both the Council and the staff - for your diligence, thoughtful approach and commitment to developing the best possible plan. We urge not only your approval but your sustained efforts toward continued dialogue with stakeholders and neighbors affected by the location of this facility and developing solutions which address their concerns. Sincere) Nick rtiz President 4 CEO Greater Bakersfield Chamber 11/06/19 CC AGENDA PACKET PG 91 t✓ BAKERSFIELD THE SOUND OF c5 W&4*W fVeW ADMINISTRATIVE REPORT MEETING DATE: 11/6/2019 Workshops 6. b. TO: Honorable Mayor and City Council FROM: Phil Burns, Interim Development Services Director DAT E: 11/6/2019 WARD: SUBJECT: Presentation by Development Services Department on Affordable Housing. STAFF RECOMMENDATION: Staff recommends to receive and file. BACKGROUND: Through the years, the City of Bakersfield has had various programs in place to address housing need of the Community, which are outlined in the City's Housing Element. This items will include an overview of the City's housing need, an explanation of housing funding levels through the years, and what the City is currently doing to address future affordable housing needs. BAKERSFI ELD'S HOUSING NEED The City has an adopted Housing Element which identifies housing need over the 8 years from 2015 to 2023. The Housing Element also outlines the policies and programs the City uses to address that need. Each year, the City provides HCD with an Annual Housing Progress Report showing the construction of housing units within the City. Per Housing Element law, "local governments must adopt plans and regulatory systems that provide opportunities for housing development." With the completion of the 5th Cycle in February 2016, the California Department of Housing and Community Development (HCD) found the City to be in full compliance with Housing Element law. ADDRESSING AFFORDABLE HOUSING NEED Over the years, the City has used various tools to encourage affordable housing construction; including the issuance of State redevelopment funds and Federal funds through the Department of Housing and Urban Development. However, since 2008 drastic cuts in Federal and State funding have led to reduced investment in affordable housing in Kern County. This reduction has impacted not only the City, but other community organizations that work on providing affordable housing as well (both through vouchers or construction of new units). AFFORDABLE HOUSING SOLUTIONS GOING FORWARD 11/06/19 CC AGENDA PACKET PG 92 Recognizing the need, City residents (with the passage of the Public Safety and Vital Services (PSVS) Measure), as well as the State (with the passage of affordable housing legislation over the last two years), have created additional tools and resources dedicated to providing affordable housing for the City of Bakersfield. The City now has $5 million in capital funding for the construction of affordable housing through the PSVS Measure. These funds are in addition to the City's annual entitlement of HOME funds of approximately $1.4 Million. Starting in 2020, the State will also begin to provide an annual allocation to the City of Bakersfield to further encourage the construction of more affordable housing. Finally, the State is providing a onetime allocation of planning funds to assist jurisdictions in meeting their RHNA goals through the SB2 Planning Grant. These additional incentives will allow the City to spur much needed affordable housing construction. The Staff will include an overview the City's housing need, go through past and current programs used to address that need, and outline future programs, resources and policy solutions that can help address the City's growing need for affordable housing options for its residents. ATTACHMENTS: Description Type D PowerPoint presentation Presentation 11/06/19 CC AGENDA PACKET PG 93 REC°D & PLACED ON FILE AT BAKERSFIELD CITY COUNCIL 11/6/2019 MEETIN Affordable Housing What's the Key? • oft D BAKERSFIELD q�IF µiy THE SOUND OF,' i - kM MJ t`,## • What is Affordable Housing in Bakersfield? • Bakersfield's Housing Need • Housing Element Overview • Annual Housing Progress Reports • Bakersfield Affordable Housing • Past 10 Years • What is takes to Build & Fund • Solutions Going Forward 1 11/06/19 CC AGENDA PACKET PG 94 Very Low Below $32,400 5926 Low $32,400 to $51,850 $1,296 Moderate $51,850 to $69,480 $1,737 Above Moderate Above $69,480 Source: HUD 2019 Income Limits, $57,900 Median Family Income (4 Persons) • Affordability is defined as a household spending 30 percent or less of annual income for housing. • In Kern County, the income needed to afford median monthly rent ($915) is $17.60/hour. What is Affordable Housing? Renter Owner ■ Cost Burden <=30% 10% Cost Burden a Ilk 26% >30% to <=50% Cost Burden >50% Data Not Available Source: US Census - 2016 CHAS data 11/6/2019 2 11/06/19 CC AGENDA PACKET PG 95 11/6/2019 Very Low 9,706 604 19,477 9,771 Low 5,800 2,194 22,777 16,977 Moderate 6,453 12,780 63,994 57,541 Above 14,331 8,809 30,773 16,442 Moderate Planned Unit Development 15.3 331 1.5 R-2 Total 36,290 24,387 137,022 100,732 Source: City's 2015-2023 Housing Element 3 11/06/19 CC AGENDA PACKET PG 96 _ Unit Zone Zone Description Acres %Capacity Low Income MH Mobile home 23.9 101 0.4 PUD Planned Unit Development 15.3 331 1.5 R-2 Limited Multiple Family Dwelling 2,094 .'1,221 `),i R-3 Multiple Family Dwelling 60.6 1,124 5 Low Total 2,193.8 22,777 Very Low & Extremely Low R-3 Multiple Family Dwelling 355.2 7,741 40 R-4 High Density Multiple Family Dwelling 5.6 271 1.4 C -B Central Business 7.4 349 1.8 C -C Commercial Center 235.5 11,115 57 Total Very Low 603.7 19,477 3 11/06/19 CC AGENDA PACKET PG 96 $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 I $2,000,000 F $1,000,000 Op ,O 'y7 ti~ ,y3 'yb ,yh y�0 ti� yw y01 ,LO .10 ,LO .y0 ,LO ,LO ,y0 ,y0 ,y0 ,y0 ,y0 ■RDA NSP HOME Other State CRITICAL YEARS • 2012: RDA dissolved • 2012-14 :decrease in HOME 11/6/2019 4 11/06/19 CC AGENDA PACKET PG 97 HousingAnnual •g ReportTotal RHNA by Year Year Year Year Year Year Year Year Year Units to Income 1 2 3 4 5 6 7 8 9 Date Level 9,706 30 114 38 3 185 9,521 5,800 9 12 24 31 1 12 89 5,711 6,453 933 947 957 874 677 1 4,389 2,064 14,331 557 926 584 546 504 1,178 1,038 5,336 8,998 36,290 1,529 1,999 1,603 1,420 1,212 1,180 1,053 9,996 26,294 $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 I $2,000,000 F $1,000,000 Op ,O 'y7 ti~ ,y3 'yb ,yh y�0 ti� yw y01 ,LO .10 ,LO .y0 ,LO ,LO ,y0 ,y0 ,y0 ,y0 ,y0 ■RDA NSP HOME Other State CRITICAL YEARS • 2012: RDA dissolved • 2012-14 :decrease in HOME 11/6/2019 4 11/06/19 CC AGENDA PACKET PG 97 $50 FUNDING FY FV Construction SOURCE 2008-09 2017.18 CHANGE $40 $843,300 (In thousands) Architecture/ Redevelopment $8.999 $0 State Funding' $30 ■HUD State Housing 190 Impact Fees ondsand $23.895 $1.000 $20 aRedevelopment sing Housing H 9% Capitalized Reserves Programs 2% $10 HUD $14.678 $1.958 TOTAL $47,572 $12,958 -73>� $0 200&2009 2017-2018 Sourca: CafifmMa lMusup Perfnarshb anaNsh 42008 2009 mmwi RadavWcpment Honmg ActivH�as l400 t 1009-2009 snd 2017-2019 Arniaa: brn Fmnnnal AnAtanro Pnpnvnr 4rywrrc XX18.70!79.nr1701J-701R NIIn CM 4Mmtiw^mn<q�;yp•r �y,;,rk PLHJ d m hinds for dia AtforoWo Neu, r 7 �irrra;nabip Co-- 'FY;017.2018 dp not Include Nc PAx Like Hong Funding Man (Al (SC7 program wen —ded. Source: California Housing Partnership -2019 Kern County's Housing Emergency Update Land Acquisition $1,151,850 5% Construction $15,561,451 67% Construction Interest $843,300 4% Architecture/ $625,000 3% Engineering Legal $155,000 190 Impact Fees $1,191,383 5% Developer Overhead $2,000,000 9% Capitalized Reserves $488,489 2% Miscellaneous Costs $1,214,666 5% TOTAL $23,231,139 $W thousand per unit I* ADDITIONAL CONSTRAINTS: • Prevailing wage • Higher Building Standards Low Profit Margin Competitive Tax Credits 11/6/2019 5 11/06/19 CC AGENDA PACKET PG 98 STATE LOCAL o Statewide Policy Changes — 15 Bill • Keep Housing Element in Compliance Housing Package o Housing Element Accountability • General Plan Update o Investment in State Housing Loan • Addition of staff through PSVS to help manage new affordable Program for Developers housing programs • Affordable housing developers can receive up to a 35% o Increase in Tax Credits increase in housing units. o Inventory of State Property for • PSVS Allocation for Affordable Housing ($2.1M) Affordable Housing Development o SB -2 Permanent Local Housing • Continue to Administer HOME Grants ($1.4M) Allocation ($1.6M) • Develop Long -Term Strategy to Increase Affordable Housing o SB -2 Planning Grants ($650,000) with Measurable Outcomes. 2020 HOME Allocation PSVS Allocation (—$2.1M) PLHA (—$1.6M) Previous HOME Funds (-1.4M) TOTAL: $6,500,000 COMMITTED FUNDS 11/6/2019 .I 11/06/19 CC AGENDA PACKET PG 99 PSVS Request for Proposals for Affordable Housing Projects HOME Application for Affordable Housing Projects S132 Planning Grant Application Submittal New PSVS Funded Affordable Housing Projects Awarded New HOME Funded Affordable Housing Projects Awarded Increase Affordable Housing Production and Meet RHNA Needs Due November 22nd Due November 22nd November 30th February 2020 May 2020 Ongoing 11/6/2019 7 11/06/19 CC AGENDA PACKET PG 100 11/6/2019 Questions? 11/06/19 CC AGENDA PACKET PG 101 t✓ BAKERSFIELD THE SOUND OF c5 w&4*W f'r RW ADMINISTRATIVE REPORT MEETING DATE: 11/6/2019 Consent — Minutes a. TO: Honorable Mayor and City Council FROM: Julie Drimakis, City Clerk DAT E: 9/24/2019 WARD: SUBJECT: Approval of minutes of the October 23, 2019, Special City Council Meetings. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description Type Backup Material 11/06/19 CC AGENDA PACKET PG 102 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF OCTOBER 23, 2019 Council Chambers, City Hall, 1501 Truxtun Avenue Special Meetings- 4:00 p.m. and 5:15 p.m. SPECIAL MEETING -4:00 PM 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Parlier, Councilmembers Rivera, Gonzales (seated at 4:01 p.m.), Smith, Freeman, Sullivan Absent: Weir 2. PUBLIC STATEMENTS None. 3. WORKSHOPS None. 4. CLOSED SESSION a. Closed session pursuant to Government Code section 54957(b) (1) to consider/discuss the employment of the City Manager (respond to his October 8th 2019 email concerning his retirement). b. Conference with Legal Counsel — Existing Litigation; Closed session pursuant to Government Code section 54956.9(d)(1) regarding Kiaie, et al. v. City of Bakersfield. Motion by Vice -Mayor Parlier to adjourn to Closed Session at 4:01 p.m. Motion passed with Councilmember Weir absent. The Closed Session meeting was adjourned at 4:32 p.m. Meeting reconvened at 4:38 p.m. 11/06/19 CC AGENDA PACKET PG 103 Bakersfield, California, October 23, 2019– Page 2 5. CLOSED SESSION ACTION a. "Closed session pursuant to Government Code section 54957(b) (1) to consider/discuss the employment of the City Manager (respond to his October 8th 2019 email concerning his retirement)". Vice -Mayor Parlier announced the City Council has accepted City Manager Tandy's last day, before retirement, as January 10, 2020. b. Conference with Legal Counsel — Existing Litigation; Closed session pursuant to Government Code section 54956.9(d)(1) regarding Kiaie, et al. v. City of Bakersfield. By a 6-0 vote, with Councilmember Weir absent, the City Attorney was authorized to take the appropriate steps to resolve this matter. 6. ADJOURNMENT Mayor Goh adjourned the 4:00 p.m. meeting at 4:39 p.m. SPECIAL MEETING- 5:15 p.m. ROLL CALL Present: Mayor Goh, Vice -Mayor Parlier, Councilmembers Rivera, Gonzales, Smith, Freeman, Sullivan Absent: Weir 2. INVOCATION by Reverend Sylvia Lack, Vessels of Honor. 3. PLEDGE OF ALLEGIANCE by Denisse Silva, Graduate Student at California State University Bakersfield. Mayor Goh presented the Mayor's Medal to Ms. Silva in recognition of receiving the 2019 California State University Trustees' Award for outstanding achievement. 4. PRESENTATIONS a. Certificate of Recognition to David Gleeson, owner of the Polo Saddle Drive home, awarded Yard of the Season, Summer 2019. Mr. Gleeson accepted the certificate and made comments. 11/06/19 CC AGENDA PACKET PG 104 Bakersfield, California, October 23, 2019— Page 3 5. PUBLIC STATEMENTS a. Tina Bengtson expressed concern with street lights and poor road conditions in the area of Cottonwood Road and East Planz Road. b. Isaiah Crompton stated a Southeast Bakersfield Community meeting was held on October 8, 2019, to address concerns in Ward 1; the residents are concerned about sidewalks, curbs, parks, and lighting; and requested the Council address these issues. C. Heather Pennella, Keep Bakersfield Beautiful, announced Make a Difference Day will be held this Saturday, October 26th; stated America Recycles Day will be held on November 9th; and submitted written material. d. The following individuals spoke regarding Deferred Business item 12. a., pertaining to Accessory Dwelling Units: Bill Descary; Joseph Kandle (submitted written material); Gary Simmons; Janice Knowlton; and John Knowlton. 6. WORKSHOPS None. 7. APPOINTMENTS None. 8. CONSENT CALENDAR (Staff recommends adoption of Consent Calendar items.) Minutes: a. Approval of minutes of the September 25, 2019, Regular City Council Meetings. Payments: b. Receive and file department payments from September 13, 2019, to October 10, 2019, in the amount of $38,595,333.97; Self Insurance payments from September 13, 2019, to October 10, 2019, in the amount of $862,264.09, totaling $39,457,598.06. Ordinances: C. First reading of ordinance amending Section 17.58.120 of the Bakersfield Municipal Code relating to parking space requirements within the "central district" and other mixed-use areas. REMOVED FOR SEPARATE CONSIDERATION d. First reading of ordinance amending Chapter 15.65 of the Bakersfield Municipal Code relating to the California Fire Code. FR ONLY 11/06/19 CC AGENDA PACKET PG 105 Bakersfield, California, October 23, 2019— Page 4 8. CONSENT CALENDAR continued e. Adoption of an ordinance amending Sections 15.04, 15.05, 15.07, 15.09, 15.1 1, 15.13, 15.15, 15.17, and 15.19 of the Bakersfield Municipal Code, relating to the Building and Construction codes, specifically, the California Building Code, Mechanical Code, Plumbing Code, Electrical Code, Existing Building Code, Historical Building Code, California Residential Code, and California Green Building Code, 2019 editions. (FR 9/25/2019) ORD 4994 Resolutions: Resolution determining that Active Shooter Kits from Victory Tactical Gear, LLC. cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed $174,000. RES 159-19 g. Resolution setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units. RES 160-19 h. Resolutions setting salaries and related benefits: Resolution approving the Memorandum of Understanding, setting salaries and related benefits for Firefighters and Fire Engineers Unit represented by the Bakersfield Firefighters Labor Organization (BFLO). RES 161-19 2. Resolution approving the Memorandum of Understanding, setting salaries and related benefits for Fire Supervisory represented by the Bakersfield Firefighters Labor Organization (BFLO). RES 162-19 Resolution dispensing with bidding under section 3.20.060(D) (5) of the Bakersfield Municipal Code relating to the design/build construction procurement process for the upgrade and replacement of the television broadcasting and recording equipment in use in the City Council chambers. RES 163-19 11/06/19 CC AGENDA PACKET PG 106 Bakersfield, California, October 23, 2019- Page 5 8. CONSENT CALENDAR continued j. Geotab Global Positioning System (GPS) equipment and fleet tracking systems: Resolution of the Bakersfield City Council dispensing with formal bidding procedures in the purchase of Geotab USA global positioning system (GPS) equipment and monthly monitoring from Blackhole Technologies Inc. and authorizing the use of cooperative procurement contracts for the purchase of the said items, not to exceed $470,000. RES 164-19 2. Agreement with Blackhole Technologies, Inc. for service, installation and repair of GPS equipment (not to exceed $120,000 for a three year term). AGR 19-189 k. Emergency repair to 2016 Caterpillar Asphalt Paver: Resolution dispensing with bidding due to emergency repairs of asphalt paver, and authorizing Quinn Company to perform necessary repairs, not to exceed $61,500. RES 165-19 2. Amendment No. 1 to Agreement No. PW 19-079 with Quinn Company ($61,500; revised not to exceed $101,500), for service and repair of construction and off-road equipment. AGR 19-190 I. Resolutions to add the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report for each: 1. Area 1-126 (3915 Rosedale Highway) - Ward 3 RES 166-19 2. Area 4-202 (1 1 18 Murdock Street) - Ward 1 RES 167-19 M. Resolutions of Intention (ROI) to add the following areas to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report for each: ROI No. 2023 adding Area 3-114 (9801 Compagnoni Street) - Ward 6 R012023 11/06/19 CC AGENDA PACKET PG 107 Bakersfield, California, October 23, 2019- Page 6 8. CONSENT CALENDAR continued ITEM 8.m. CONTINUED 2. ROI No. 2024 adding Area 4-203 (314 H Street) - Ward 2 ROI 2024 3. ROI No. 2025 adding Area 5-101 (Tract 7322 - Berkshire Road approximately 1000' east of South H Street) - Ward 7 ROI 2025 4. ROI No. 2026 adding Area 5-102 (4915 South H Street) - Ward 7 ROI 2026 5. ROI No. 2027 adding Area 5-103 (52 Planz Road) - Ward 1 ROI 2027 Agreements: n. Approval of FY2019-20 Emergency Solutions Grant (ESG) Agreements: 1. Bethany Services/Bakersfield Homeless Center ($67,438) for ESG funds to provide Emergency Shelter Services at 1600 East Truxtun Avenue; AGR 19-191 2. The Mission at Kern County ($66,000) for ESG funds to support Emergency Shelter activities at 816 E. 21 st Street; AGR 19-192 3. Alliance Against Family Violence and Sexual Assault ($28,164) for ESG funds to support Emergency Shelter services administered at 1921 19th Street; AGR 19-193 4. Flood Bakersfield Ministries ($23,625) for ESG funds for Street Outreach services administered at 601 24th Street; and AGR 19-194 5. Bethany Services/Bakersfield Homeless Center ($100,332) for ESG funds to provide Rapid Re -Housing Program services administered at 1600 East Truxtun Avenue. AGR 19-195 11/06/19 CC AGENDA PACKET PG 108 Bakersfield, California, October 23, 2019— Page 7 8. CONSENT CALENDAR continued o. Approval of FY2019-20 Community Development Block Grant (CDBG) Agreements: Agreement with Bakersfield Senior Center, Inc. ($90,000), of Community Development Block Grant funds for operational expenses at 530 4th Street. AGR 19-196 2. The Mission at Kern County ($35,000) of CDBG funds to support Emergency Shelter activities at 816 E. 21 st Street. AGR 19-197 P. Agreement with Paymentus Corporation to provide electronic bill payment services for utilities, business licenses, and other customer charges. AGR 19-198 q. Hold Harmless Agreement between the Bakersfield Fire Department and California Water Service Company. AGR 19-199 Reimbursement Agreement with North Kern Water Storage District (not to exceed $182,397.75 for 2019 through 2022) for Weather Modification Program. AGR 19-200 S. Agreement with W3i Engineering ($98,750) to provide design and engineering services for Wastewater Treatment Plant No. 2 Digester Mixing Pumps and Sludge Recirculation Pumps and Wastewater Treatment Plant No. 3 Sludge Recirculation Pumps Replacement Project. AGR 19-201 Final Map, Improvement Agreement and Landscape agreement with Woodside 06 N, LP (Developer) for Tract Map 6419, Phase 4 located East of Quail Creek Road and South of Etchart Road. AGR 19-202, AGR 19-203 U. Final Map and Improvement Agreement with Castle & Cooke a California Inc. (Developer) for Tract 7299, Unit 3 located South of Ming Avenue and East of Highgate Park Boulevard. AGR 19-204 11/06/19 CC AGENDA PACKET PG 109 Bakersfield, California, October 23, 2019- Page 8 8. CONSENT CALENDAR continued V. Final Map and Improvement Agreement with Castle & Cooke a California Inc. (Developer) for Tract 7299, Unit 6 located South of Ming Avenue and East of Highgate Park Boulevard. AGR 19-205 W. Final Map and Improvement Agreement with Castle & Cooke a California Inc. (Developer) for Tract 7300, Unit 5 located South of Ming Avenue and East of Highgate Park Boulevard. AGR 19-206 X. Transportation Impact Fee Credit Agreement with Castle & Cooke California, Inc. (not to exceed $330,450), for construction of Allen Road between White Lane and Ming Avenue. AGR 19-207 Y. Transportation Impact Fee Credit Agreement with Castle & Cooke California, Inc. (not to exceed $387,487), for construction of Ming Avenue west of Allen Road along the frontage of Tentative Tract 7299. AGR 19-208 Z. Transportation Impact Fee Credit Agreement with Castle & Cooke California, Inc. (not to exceed $557,098), for construction of Ming Avenue west of Allen Road along the frontage of Tentative Tract Maps 7255 & 7256. AGR 19-209 aa. Transformative Climate Communities Grant Program - Grant funds to conduct planning activities related to affordable housing, workforce development and alternative transportation in Downtown Bakersfield. Agreement with Dudek, to implement required components, tasks and deliverables for the City of Bakersfield's Transformative Climate Communities Planning Grant Project; and AGR 19-210 2. Appropriate $200,000 in Transformative Climate Communities Grant funds to the Development Services Operating budget in the General Fund. ab. Amendment No. 1 to Agreement No. 17-056 with Clifford & Brown ($50,000) to provide outside legal services in the matter of Hillary Bjorneboe v. City of Bakersfield. AGR 17-056(1) 11/06/19 CC AGENDA PACKET PG 110 Bakersfield, California, October 23, 2019- Page 9 8. CONSENT CALENDAR continued ac. Amendment No. 1 to Agreement No. CID 18-051 with Muxlow Construction (not to exceed $80,000 HUD Community Development Block Grant (CDBG) funds) to provide handicap accessibility improvement services to qualified low-income residents in privately owned structures. AGR 19-214 ad. Amendment No. 5 to Agreement No. 17-002 with Trans -West Security Services, Inc. ($278,223; revised not to exceed $662,892 and extend term one year), for continued park security services. AGR 17-002(5) ae. Amendment No. 1 to Agreement No. 19-183 with Asela Environmental Inc. ($13,275; revised not to exceed $104,015), to provide additional cleanup services to Downtown and Old Town Kern neighborhoods of Bakersfield. REMOVED FOR SEPARATE CONSIDERATION af. Amendment No. 1 to Agreement No. 17-130 with Clean Energy ($75,000; revised not to exceed $275,000) to perform inspections, maintenance, and repairs of the Liquefied and Compressed Natural Gas (LCNG) fueling facilities. AGR 17-130(1) ag. Amendment No. 1 to Agreement No. 19-043 with Argo Chemical, Inc. ($55,000; revised not to exceed $100,000), to continue the supply of pool chemicals. AGR 19-043(1) ah. Amendment No. 1 to Agreement No. 18-179 with JCI Jones Chemicals, Inc. ($60,000; revised not to exceed $120,000), to continue the supply of sodium hypochlorite. AGR 18-179(1) ai. Amendment No. 3 to Agreement No. 16-265 with Rotational Molding, Inc. ($400,000; revised not to exceed $1,809,400 and extend term one year), to continue the supply of refuse and recycling carts. AGR 16-265(3) aj. Amendment No. 1 to Agreement No. 17-190 with Soils Engineering, Inc. ($175,000; revised not to exceed $896,750), for material testing services for various Capital Improvement Projects, Calendar Years 2018 and 2019. AGR 17-190(1) 11/06/19 CC AGENDA PACKET PG 111 Bakersfield, California, October 23, 2019- Page 10 8. CONSENT CALENDAR continued ak. Contract Change Order No. 1 to Agreement No. 18-153 with WM Lyles Co. ($23,467.36; revised not to exceed $892,977.36), for the Tevis Ranch PDA - Lift Station Project. AGR 18-153 CCO 1 al. Contract Change Order No. 32, 44, and 47 to Agreement No. 18- 135 with Granite Construction ($156,841.70; revised not to exceed $35,920,848.69) for the Belle Terrace Operational Improvements Project. AGR 18-135 CCO 32, CCO 44, CCO 47 am. Contract Change Order Nos. 20, and 28 to Agreement No. 18-154 with Griffith Company ($62,500; revised not to exceed $28,852,052.37) for 24th Street Operational Improvement Project. AGR 18-154 CCO 20, CCO 28 an. Contract Change Order No. 39 to Agreement No. 17-044 with Security Paving Company ($75,000; revised not to exceed $42,110,425.19) for the Kern River Bridge Improvement Project. AGR 17-044 CCO 39 ao. Contract Change Order Nos. 2, and 3 to Agreement No. 18-200 with Griffith Company ($77,286.54; revised not to exceed $6,915,070.54) for Stockdale Hwy and Enos Lane/SR 43 Roundabout Project. AGR 18-200 CCO 2, CCO 3 ap. Contract Change Order No. 1 to Agreement No. 18-176 with Security Paving Company ($95,012; revised not to exceed $48,788,947) for the Bakersfield Freeway Connector Project. AGR 18-176 CCO 1 Bids: aq. Reject all bids for Storm Water Pump Station: Police Department Pistol Range Project. ar. Accept bid from Golden Star Technology, Inc., Cerritos, California ($61,428.38) for Juniper® extended warranty for the Technology Services Division. as. Accept bid and approve contract to Midstate Sheetmetal, Inc., Bakersfield ($103,350) for the Fire Station 10 re -roof project. AGR 19-211 11/06/19 CC AGENDA PACKET PG 112 Bakersfield, California, October 23, 2019- Page 11 8. CONSENT CALENDAR continued at. Accept bid and approve contract with Griffith Company ($449,330) for Street Widening: Wible Road, Between Esperanza Drive and Medallion Rose Avenue. AGR 19-212 au. Accept bid and approve contract with Bowman Asphalt, Inc. ($882,851), for the Street Improvements and Widening on Panama Lane from Young Street to Cactus Patch Drive. AGR 19-213 Miscellaneous: Successor Agency Business: ay. Receive and file Successor Agency payments from September 13, 2019, to October 23, 2019, in the amount of $187,262.50. Public Safety Vital Services Measure: aw. Resolution dispensing with bidding procedures, authorizing American Emergency Products California to outfit police vehicles, and authorizing Finance Director to dispense with bidding, not to exceed $1,550,000 due to Public Safety concerns. RES 168-19 City Clerk Drimakis announced a staff memorandum was received regarding item 8.c., transmitting correspondence. Councilmember Gonzales requested item 8.c. be removed for separate consideration. Councilmember Rivera requested item 8.ae. be removed for separate consideration. Motion by Vice -Mayor Parlier to adopt Consent Calendar items 8.a. through 8.aw, with the removal of items 8.c. and 8.ae. for separate consideration. Motion passed with Councilmember Weir absent. C. First reading of ordinance amending Section 17.58.120 of the Bakersfield Municipal Code relating to parking space requirements within the "central district" and other mixed-use areas. FR ONLY Motion by Councilmember Gonzales to adopt Consent Calendar item 8.c., and requested staff provide a presentation regarding this matter at the second reading of the ordinance. Motion passed with Councilmember Weir absent. 11/06/19 CC AGENDA PACKET PG 113 Bakersfield, California, October 23, 2019- Page 12 8. CONSENT CALENDAR continued ae. Amendment No. 1 to Agreement No. 19-183 with Asela Environmental Inc. ($13,275; revised not to exceed $104,015), to provide additional cleanup services to Downtown and Old Town Kern neighborhoods of Bakersfield. AGR 19-183(1) Motion by Councilmember Rivera to adopt Consent Calendar item 8.ae. Motion passed with Councilmember Weir absent. 9. CONSENT CALENDAR PUBLIC HEARINGS None. 10. HEARINGS a. Appeal by Keith Lawless of the September 10, 2019 decision of the Board of Zoning Adjustment to approve a conditional use permit to allow an indoor banquet venue in the C-1 (Neighborhood Commercial Zone) district, located at 2520 Brundage Lane. (Staff recommends adopting the resolution upholding the decision of the Board of Zoning Adjustment and approving Conditional Use Permit No. 18-0397.) RES 169-19 City Clerk Drimakis announced a staff memorandum was received transmitting correspondence regarding item 10.a. Planning Director Coyle made staff comments and provided a PowerPoint presentation. Hearing item 10.a. opened at 6:04 p.m. Keith Lawless and Greg Carlon spoke in opposition to the staff recommendation. Timothy Stormont and Will Winn spoke in favor of the staff recommendation. Hearing item 10.a. closed at 6:17 p.m. Motion by Councilmember Gonzales to adopt the resolution. Motion passed with Councilmember Weir absent. b. Public Hearing to consider resolution setting Domestic Water Availability Fee for service areas of the City of Bakersfield Domestic Water system. RES 170-19 Water Resources Manager Chianello made staff comments. 11/06/19 CC AGENDA PACKET PG 114 Bakersfield, California, October 23, 2019- Page 13 10. HEARINGS continued ITEM 10.b. CONTINUED Hearing item 10.b. opened at 6:22 p.m. No one spoke. Hearing item 10.b. closed at 6:23 p.m. Motion by Vice -Mayor Parlier to adopt the resolution. Motion passed with Councilmember Weir absent. 11. REPORTS a. Update from the City Council Ad -Hoc Committee related to the recruitment efforts for the position of City Manager. Councilmember Freeman provided an update on the recruitment efforts. 12. DEFERRED BUSINESS a. Ordinances amending Sections 17.04.539, 17.58.110, and Chapter 17.65 of the Bakersfield Municipal Code relating to Accessory Dwelling Units. Two Options: Adopt two ordinances regarding Accessory Dwelling Units: (1) reducing parking requirement for Accessory Dwelling Units, and (2) waiving all impact fees and removing the owner occupancy requirement for Accessory Dwelling Units (FR 09/11/19) ORD 4995, ORD 4996 2. First reading of ordinance mirroring state law regarding Accessory Dwelling Units. (Staff recommends City Council determination.) City Clerk Drimakis announced a staff memorandum was received transmitting correspondence regarding this item. Planning Director Coyle made staff comments and provided a PowerPoint presentation. Motion by Vice -Mayor Parlier to approve option 1. Motion by Councilmember Freeman to approve option 1, with a modification to alter the language to state that it will revert to requiring owner occupancy for Accessory Dwelling Units, after January 1, 2025. Motion failed with Vice -Mayor Parlier, Councilmembers Rivera, Gonzales, and Smith voting no; and Councilmember Weir absent. 11/06/19 CC AGENDA PACKET PG 115 Bakersfield, California, October 23, 2019- Page 14 12. DEFERRED BUSINESS continued Motion by Vice -Mayor Parlier to approve option 1. Motion passed with Councilmember Freeman voting no, and Councilmember Weir absent. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Rivera requested the Legislative and Litigation Committee explore the possibility of creating an ordinance banning the use of shopping carts in City parks. Councilmember Smith made comments regarding the report that Improvement District No. 4 of the Kern County Water Agency will be running water in the Kern River channel, for groundwater recharge purposes, for the next couple of months. Councilmember Smith expressed appreciation to staff organizing the Bakersfield Marathon. Councilmember Smith requested staff draft a Resolution in support of continuing improvements on Highway 46. Vice -Mayor Parlier requested the Legislative and Litigation Committee discuss the possibility of a Municipal Code cleanup regarding junk vehicles. Vice -Mayor Parlier announced that he and Councilmember Rivera will attend the annual Trunk or Treat event held at Planz Park on Tuesday, October 29th. Mayor Goh advised that a delegation of students and educators, from Saint Jean de Luz, have been visiting with the City to explore the possibility of a Sister City relationship. 11/06/19 CC AGENDA PACKET PG 116 Bakersfield, California, October 23, 2019- Page 15 15. ADJOURNMENT Mayor Goh adjourned the meeting, in honor of the delegation from Saint Jean de Luz, and in celebration of our friendship at 6:41 p.m. KAREN GOH MAYOR of the City of Bakersfield ATTEST: JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 11/06/19 CC AGENDA PACKET PG 117 t✓ BAKERSFIELD THE SOUND OF c5 W&4*W fVRW ADMINISTRATIVE REPORT MEETING DATE: 11/6/2019 Consent — Payments b. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DAT E: 10/25/2019 WARD: SUBJECT: Receive and file department payments from October 11, 2019, to October 24, 2019, in the amount of $20,029,498.20; Self Insurance payments from October 11, 2019, to October 24, 2019, in the amount of $388,361.64; totaling $20,417,859.84. STAFF RECOMMENDATION: Staff recommends receiving and filing the report. BACKGROUND: In accordance with Bakersfield Municipal Code Section 2.08.020 the Finance Director must report the city's disbursements periodically to the City Council. ATTACHMENTS: Description D 1 -AP Check Register Admin 11-06-2019 ❑ 2 -EAP Check Register Admin 11-06-2019 Type Backup Material Backup Material 11/06/19 CC AGENDA PACKET PG 118 10/25/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1 FROM 10/11/2019 to 10/24/2019 Check Number Vendor Number Vendor Name Check Date Check Amount 697772 13847 DEPARTMENT OF INDUSTRIAL RELATIONS Oct 11, 2019 $450.00 697773 4570 KCTTC -JORDAN KAUFMAN Oct 11, 2019 $39.94 697774 4570 KCTTC -JORDAN KAUFMAN Oct 11, 2019 $39.92 697775 4570 KCTTC -JORDAN KAUFMAN Oct 11, 2019 $39.94 697776 4570 KCTTC -JORDAN KAUFMAN Oct 11, 2019 $127.62 697777 4570 KCTTC -JORDAN KAUFMAN Oct 11, 2019 $104.35 697778 4570 KCTTC -JORDAN KAUFMAN Oct 11, 2019 $22.95 697779 4570 KCTTC -JORDAN KAUFMAN Oct 11, 2019 $22.95 697780 4570 KCTTC -JORDAN KAUFMAN Oct 11, 2019 $136.57 697781 4570 KCTTC -JORDAN KAUFMAN Oct 11, 2019 $20.52 697782 28 A C ELECTRIC COMPANY Oct 17, 2019 $3,338.51 697783 497 AT&T Oct 17, 2019 $125.00 697784 537 AT&T Oct 17, 2019 $2,327.24 697785 6129 AT&T Oct 17, 2019 $220.51 697786 18484 AT&T Oct 17, 2019 $8,806.73 697787 537 AT&T Oct 17, 2019 $16,812.95 697788 537 AT&T Oct 17, 2019 $783.44 697789 537 AT&T Oct 17, 2019 $1,160.14 697790 30229 ABM INDUSTRY GROUPS LLC Oct 17, 2019 $548.00 697791 80 ACTION SPORTS Oct 17, 2019 $4,427.38 697792 15433 ADVANCE MOBILE SECURITY Oct 17, 2019 $1,810.85 697793 79 ADVANCE MUFFLER Oct 17, 2019 $350.00 697794 81 ADVANCED DATA STORAGE INC Oct 17, 2019 $52.50 697795 25074 AEP CALIFORNIA LLC Oct 17, 2019 $40,316.25 697796 10037 MISCELLANEOUS TRUST VENDOR Oct 17, 2019 $30.00 697797 26563 AIR SCIENCE Oct 17, 2019 $974.25 697798 12128 ALERT ALL CORPORATION Oct 17, 2019 $541.25 697799 30586 ALVARADO, INO Oct 17, 2019 $315.00 697800 29505 AMERICAN BICYCLE ASSOC USA BMX Oct 17, 2019 $10,000.00 697801 1049 APPLIED LNG TECHNOLOGIES LLC Oct 17, 2019 $18,211.39 697802 16127 AQUATIC ACCESS INC Oct 17, 2019 $220.00 697803 523 ATCO INTERNATIONAL Oct 17, 2019 $682.84 697804 25610 AUTO DAMAGE APPRAISERS Oct 17, 2019 $100.00 697805 520 AUTO TINT WEST INC Oct 17, 2019 $141.68 697806 25940 BACA, ANTHONY Oct 17, 2019 $294.00 697807 675 BAKERSFIELD CALIFORNIAN Oct 17, 2019 $1,125.02 697808 12135 BAKERSFIELD COLLEGE Oct 17, 2019 $59.00 697809 70249 BAKERSFIELD PLUMBING CO INC Oct 17, 2019 $400.00 697810 857 BAKERSFIELD S P C A Oct 17, 2019 $1,514.72 697811 875 BAKERSFIELD TRUCK CENTER Oct 17, 2019 $1,045.62 697812 877 BAKERSFIELD WELL & PUMP Oct 17, 2019 $2,985.86 697813 14764 BARBER AUTOMOTIVE GROUP Oct 17, 2019 $30,237.56 697814 557 BARC Oct 17, 2019 $27,950.40 697815 13424 BARNES WELDING SUPPLY Oct 17, 2019 $28.23 697816 945 BARNETT'S TOWING SERVICE INC Oct 17, 2019 $37.00 697817 30446 BERNAL, ALEX Oct 17, 2019 $399.00 697818 28231 BIG BRAND TIRE & SERVICE Oct 17, 2019 $60.00 697819 29237 BLACK, JOHNNY Oct 17, 2019 $147.00 697820 19197 BLAKEMORE, JEREMY Oct 17, 2019 $49.00 697821 28341 BOB'S AUTO GLASS INC Oct 17, 2019 $732.36 697822 70348 BOBBY CLOUD LAW Oct 17, 2019 $57.40 697823 22817 BORN AGAIN BODYWORKS Oct 17, 2019 $150.47 697824 18692 BOUND TREE MEDICAL LLC Oct 17, 2019 $1,392.30 697825 1249 BRANDCO Oct 17, 2019 $354.37 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADMIN\11- NOV 11106119 CC AGENDA PACKET PG 119 10/25/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 10/11/2019 to 10/24/2019 Check Number Vendor Number Vendor Name Check Date Check Amount 697826 28385 BREWSTER, STEVEN Oct 17, 2019 $391.00 697827 19303 BRIGHT HOUSE NETWORKS Oct 17, 2019 $144.98 697828 16565 BTE COMMUNICATIONS Oct 17, 2019 $205.69 697829 10267 BUDGET BOLT INC Oct 17, 2019 $223.84 697830 29802 BULLOCK, JACQUELINE Oct 17, 2019 $378.00 697831 22565 BURTCH CONSTRUCTION INC Oct 17, 2019 $14,572.47 697832 10891 C A L E D Oct 17, 2019 $350.00 697833 12549 C C A S A Oct 17, 2019 $3,750.00 697834 1477 CAL VALLEY EQUIPMENT INC Oct 17, 2019 $277.50 697835 70296 CASTLE & COOKE CALIFORNIA INC Oct 17, 2019 $96,948.67 697836 29890 CAVANAUGH & ASSOC P A Oct 17, 2019 $4,900.00 697837 22658 CDW GOVERNMENT Oct 17, 2019 $240.24 697838 27074 CEN -CAL CONSTRUCTION INC Oct 17, 2019 $41,978.25 697839 1888 CHAMPION HARDWARE Oct 17, 2019 $1,422.54 697840 27727 CHAVEZ, MIGUEL Oct 17, 2019 $693.02 697841 2016 CLARK PEST CONTROL INC Oct 17, 2019 $300.00 697842 25259 COMMERCIAL CLEANING SYSTEMS INC Oct 17, 2019 $6,088.27 697843 25288 COMPLETE PAPERLESS SOLUTIONS Oct 17, 2019 $2,310.16 697844 27509 CONTRERAS, ANGEL Oct 17, 2019 $336.00 697845 29517 COOPERS PETROLEUM DISTRIBUTOR INC Oct 17, 2019 $1,003.21 697846 25689 CORTECH ENGINEERING Oct 17, 2019 $3,994.99 697847 30595 CORTES, FERNANDO MACIEL Oct 17, 2019 $645.68 697848 12281 COTTLE, MIKE Oct 17, 2019 $90.00 697849 27839 CRITTERS WITHOUT LITTERS Oct 17, 2019 $2,400.00 697850 2253 CULLIGAN WATER CONDITIONING Oct 17, 2019 $180.00 697851 27218 CUMMINS PACIFIC LLC Oct 17, 2019 $1,338.63 697852 25337 DAVES FLEET MAINT & TOWING INC Oct 17, 2019 $37.00 697853 26491 DAVIS, AMY Oct 17, 2019 $289.00 697854 26895 DE LAGE LANDEN INC Oct 17, 2019 $599.86 697855 13970 DELL MARKETING L P Oct 17, 2019 $48,339.02 697856 2469 DEPARTMENT OF JUSTICE Oct 17, 2019 $64.00 697857 29256 DEWITZ, JEFF Oct 17, 2019 $483.00 697858 16539 DOSSEY, RICHARD Oct 17, 2019 $863.00 697859 11656 DOUBLETREE BY HILTON HOTEL ONTARIO Oct 17, 2019 $205.20 697860 28574 DR RONALD OSTROM Oct 17, 2019 $1,000.00 697861 18544 DUANE MORRIS LLP Oct 17, 2019 $60,638.73 697862 30459 EAM SOLUTIONS LLC Oct 17, 2019 $41,168.00 697863 2752 ELBERT DISTRIBUTING Oct 17, 2019 $54.35 697864 27467 EMERGENCY VEHICLE OUTFITTERS Oct 17, 2019 $394.25 697865 30144 EMTS INC Oct 17, 2019 $5,132.00 697866 11861 ES ENGINEERING SERVICES INC Oct 17, 2019 $20,050.41 697867 2901 FEDEX Oct 17, 2019 $71.18 697868 15252 FIDLER, NICK Oct 17, 2019 $160.32 697869 28511 FIRST ADVANTAGE BACKGROUND Oct 17, 2019 $217.16 697870 19657 FIRST CHOICE SERVICES INC Oct 17, 2019 $261.72 697871 22590 FLETCHER, NIAROBI Oct 17, 2019 $119.06 697872 10037 MISCELLANEOUS TRUST VENDOR Oct 17, 2019 $65.00 697873 22966 FORENSIC NURSE SPECIALISTS INC Oct 17, 2019 $9,300.00 697874 29238 FOX, PERRY Oct 17, 2019 $252.00 697875 21457 FUNCTIONAL ERGONOMICS INC Oct 17, 2019 $1,050.00 697876 3213 GALLS, LLC Oct 17, 2019 $5,259.80 697877 25779 GCI EQUIPMENT RENTAL Oct 17, 2019 $2,874.01 697878 17350 GHA TECHNOLOGIES INC Oct 17, 2019 $795.64 697879 3358 GILLIAM & SONS INC Oct 17, 2019 $35,464.50 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADMIN\11- NOV 11106119 CC AGENDA PACKET PG 120 10/25/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 3 FROM 10/11/2019 to 10/24/2019 Check Number Vendor Number Vendor Name Check Date Check Amount 697880 29928 GOLDEN STAR TECHNOLOGY Oct 17, 2019 $9,442.72 697881 3403 GOLDEN STATE PETERBILT Oct 17, 2019 $4,361.76 697882 3452 GRAYBAR ELECTRIC COMPANY Oct 17, 2019 $2,316.85 697883 3511 GRIFFITH COMPANY INC Oct 17, 2019 $787,980.98 697884 29000 GURROLA, RAUL Oct 17, 2019 $61.00 697885 24139 GUTIERREZ TIRE & WHEEL INC Oct 17, 2019 $2,177.50 697886 3569 H & S BODY WORKS & TOWING Oct 17, 2019 $951.62 697887 30000 H&H AUTO PARTS WHOLESALE Oct 17, 2019 $1,896.61 697888 3579 HACH COMPANY Oct 17, 2019 $2,204.56 697889 3593 HALL LETTER SHOP Oct 17, 2019 $567.06 697890 3660 HARBOR FREIGHT TOOLS Oct 17, 2019 $134.08 697891 10037 MISCELLANEOUS TRUST VENDOR Oct 17, 2019 $480.01 697892 30282 HAUS CONSTRUCTION INC Oct 17, 2019 $111,299.71 697893 22003 HERRIOTT, GABRIEL Oct 17, 2019 $289.00 697894 3774 HI STANDARD AUTOMOTIVE Oct 17, 2019 $3,015.80 697895 29354 HISSONG, SHAWN Oct 17, 2019 $1,380.00 697896 20053 HLP, INC Oct 17, 2019 $15.75 697897 20491 HOLCOMBE, BRIAN Oct 17, 2019 $594.00 697898 7933 HOME DEPOT Oct 17, 2019 $2,656.27 697899 25660 HORIZON WATER & ENVIRONMENT LLC Oct 17, 2019 $13,283.96 697900 18263 HUB CONSTRUCTION SPECIALTIES INC Oct 17, 2019 $23.18 697901 3929 HYDRAULIC CONTROLS INC Oct 17, 2019 $1,608.81 697902 10037 MISCELLANEOUS TRUST VENDOR Oct 17, 2019 $30.00 697903 28917 JAN -PRO CLEANING SYSTEMS Oct 17, 2019 $1,365.00 697904 70465 JEFFRIES BROTHERS INC Oct 17, 2019 $4,418.25 697905 10037 MISCELLANEOUS TRUST VENDOR Oct 17, 2019 $500.00 697906 26387 JIM BURKE FORD -EQ Oct 17, 2019 $349,457.36 697907 29001 JIMENEZ, JUSTINE Oct 17, 2019 $726.00 697908 30356 JM LORD INC Oct 17, 2019 $285.00 697909 4226 JOHNSTONE SUPPLY OF BAKERSFIEL Oct 17, 2019 $2,640.19 697910 4243 JORGENSEN & CO Oct 17, 2019 $400.22 697911 28989 K & I SERVICES INC Oct 17, 2019 $2,682.00 697912 19554 K & R TOWING Oct 17, 2019 $111.00 697913 4288 KAMAN INDUSTRIAL TECHNOLOGIES INC Oct 17, 2019 $277.84 697914 27250 KARISH INDUSTRIES Oct 17, 2019 $1,793.40 697915 22379 KEMIRA WATER SOLUTIONS INC Oct 17, 2019 $6,652.32 697916 4435 KERN COUNTY CLERKS Oct 17, 2019 $350.00 697917 4529 KERN COUNTY PUBLIC WORKS Oct 17, 2019 $156,305.20 697918 7492 KERN MACHINERY INC Oct 17, 2019 $3,066.00 697919 25735 KERN MASONRY STRUCTURES INC Oct 17, 2019 $23,542.50 697920 4677 KERN REFUSE DISPOSAL, INC Oct 17, 2019 $5,775.00 697921 4740 KERN TURF SUPPLY Oct 17, 2019 $1,268.46 697922 4861 KISCO SALES INC Oct 17, 2019 $131.15 697923 20194 KITCHEN, PAULA Oct 17, 2019 $42.96 697924 4277 KME FIRE APPARATUS Oct 17, 2019 $239.24 697925 17737 KNUTSON, CHRIS Oct 17, 2019 $594.00 697926 10417 KOGA INSTITUTE Oct 17, 2019 $5,000.00 697927 14219 L A GRINDING INC Oct 17, 2019 $45.00 697928 17229 L C ACTION SUPPLY INC Oct 17, 2019 $845.99 697929 30293 L&W SUPPLY CORPORATION Oct 17, 2019 $1,534.06 697930 25309 LANGO, PETER M Oct 17, 2019 $357.00 697931 10037 MISCELLANEOUS TRUST VENDOR Oct 17, 2019 $263.58 697932 10037 MISCELLANEOUS TRUST VENDOR Oct 17, 2019 $215.42 697933 10037 MISCELLANEOUS TRUST VENDOR Oct 17, 2019 $275.00 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADMIN\11- NOV 11106119 CC AGENDA PACKET PG 121 10/25/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 4 FROM 10/11/2019 to 10/24/2019 Check Number Vendor Number Vendor Name Check Date Check Amount 697934 29268 LAWSON PRODUCTS INC Oct 17, 2019 $942.05 697935 28755 LEVEL 3 COMMUNICATIONS LLC Oct 17, 2019 $2,090.02 697936 25044 LEXISNEXIS RISK SOLUTIONS INC Oct 17, 2019 $1,051.00 697937 30056 LIBERTY COMPOSTING INC Oct 17, 2019 $18,860.30 697938 30597 M - III PARTNERS LP Oct 17, 2019 $728.57 697939 19334 MALDONADO, DANIEL R Oct 17, 2019 $142.00 697940 30321 MANNING, JUSTIN Oct 17, 2019 $147.00 697941 10037 MISCELLANEOUS TRUST VENDOR Oct 17, 2019 $5.16 697942 5370 MCLELLAN INDUSTRIES INC Oct 17, 2019 $122.89 697943 28676 MCNABB, KYLE Oct 17, 2019 $1,364.00 697944 20156 MEAD & HUNT INC Oct 17, 2019 $7,247.45 697945 28760 MEDIWASTE DISPOSAL LLC Oct 17, 2019 $35.00 697946 7064 MERCHANTS PRINTING & ENVELOPE Oct 17, 2019 $489.17 697947 18520 METROPOLITAN RECYCLING LLC Oct 17, 2019 $18,701.01 697948 30587 METZLER, DEIDRA DVM Oct 17, 2019 $1,325.00 697949 19252 MEYER CIVIL ENGINEERING INC Oct 17, 2019 $35,510.00 697950 10037 MISCELLANEOUS TRUST VENDOR Oct 17, 2019 $96.27 697951 24077 MICHEL AUTO TECH Oct 17, 2019 $993.12 697952 1316 MICHELIN NORTH AMERICA INC Oct 17, 2019 $10,510.48 697953 27634 MID VALLEY PUBLISHING Oct 17, 2019 $308.00 697954 28366 MINOR, TYLER Oct 17, 2019 $104.00 697955 28768 MKN & ASSOCIATES INC Oct 17, 2019 $1,333.85 697956 5634 MONROE SYSTEMS FOR BUSINESS Oct 17, 2019 $230.48 697957 28984 MORALES & MORALES GARDENING Oct 17, 2019 $1,550.00 697958 5681 MOSS, ROBERT B JR Oct 17, 2019 $3,055.00 697959 5688 MOTION INDUSTRIES INC Oct 17, 2019 $53.79 697960 5687 MOTOR CITY SALES & SERVICE Oct 17, 2019 $120.55 697961 885 MSC INDUSTRIAL SUPPLY CO INC Oct 17, 2019 $186.77 697962 30588 MY JOB DEPENDS ON AG MAGAZINE Oct 17, 2019 $500.00 697963 30091 NAPA TRUCK & TRAILER Oct 17, 2019 $164.52 697964 10114 O'DONLEY, LONI Oct 17, 2019 $39.00 697965 14515 OXLEY'S PEST CONTROL INC Oct 17, 2019 $45.00 697966 29655 P & A ADMINISTRATION SERVICES INC Oct 17, 2019 $240.50 697967 6448 P T O SALES CORP / TRUCKPRO LLC Oct 17, 2019 $333.85 697968 30414 PACE SUPPLY CORP Oct 17, 2019 $42.05 697974 6114 PACIFIC GAS & ELECTRIC COMPANY Oct 17, 2019 $528,145.83 697975 18661 PARK, DENNIS Oct 17, 2019 $33.00 697976 25270 PENINSULA MESSENGER INC Oct 17, 2019 $476.62 697977 27046 PETERSON CORP Oct 17, 2019 $2,112.81 697978 29637 PINNACLE PETROLEUM INC Oct 17, 2019 $123,963.52 697979 6376 PIONEER PAINT Oct 17, 2019 $2,867.42 697980 16639 PROMOTIONS NOW Oct 17, 2019 $3,738.40 697981 30502 PROVIDENCE STRATEGIC CONSULTING INC Oct 17, 2019 $3,167.33 697982 26242 QUALITY FIRE TRUCK PARTS Oct 17, 2019 $23.66 697983 20713 RANDY'S TOWING LLC Oct 17, 2019 $74.00 697984 10037 MISCELLANEOUS TRUST VENDOR Oct 17, 2019 $238.71 697985 6682 RAYMONDS TROPHY AND AWARDS Oct 17, 2019 $159.28 697986 28480 READY REFRESH Oct 17, 2019 $757.50 697987 6727 REFRIGERATION SUPPLIES DIST. INC Oct 17, 2019 $179.18 697988 10037 MISCELLANEOUS TRUST VENDOR Oct 17, 2019 $246.50 697989 28837 RICHARDS CRANE SERVICE LLC Oct 17, 2019 $2,170.73 697990 29257 RIVERA, FRANCISCO Oct 17, 2019 $126.00 697991 6617 RLH FIRE PROTECTION Oct 17, 2019 $3,008.00 697992 6836 ROADLINE PRODUCTS INC Oct 17, 2019 $2,214.61 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADMIN\11- NOV 11106119 CC AGENDA PACKET PG 122 10/25/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 5 FROM 10/11/2019 to 10/24/2019 Check Number Vendor Number Vendor Name Check Date Check Amount 697993 70148 RODRIGUEZ & ASSOCIATES Oct 17, 2019 $852.14 697994 29958 RODRIGUEZ, ROBERT Oct 17, 2019 $125.00 697995 29099 ROTATIONAL MOLDING INC Oct 17, 2019 $1,967.66 697996 6915 ROUND -UP FEED AND PET SUPPLY Oct 17, 2019 $328.11 697997 18072 SAFETY TEK INDUSTRIES INC Oct 17, 2019 $2,520.00 697998 28001 SAITECH INC Oct 17, 2019 $31,840.66 697999 27205 SALCIDO, DANIEL Oct 17, 2019 $294.00 698000 12665 SAN JOAQUIN FENCE & SUPPLY Oct 17, 2019 $8,843.60 698002 27361 SC FUELS Oct 17, 2019 $37,363.05 698003 21489 SCP DISTRIBUTORS LLC Oct 17, 2019 $211.88 698004 22839 SECURITY PAVING CO, INC Oct 17, 2019 $4,459,307.46 698005 26203 SIERRA CONST & EXCAVATION INC Oct 17, 2019 $50,952.04 698006 30592 SIERRA TRAINING ASSOCIATES INC Oct 17, 2019 $7,000.00 698007 25246 SIGLER INC Oct 17, 2019 $359.05 698008 28920 SIMS, RONALD Oct 17, 2019 $227.50 698009 30576 SKIDATA INC Oct 17, 2019 $1,875.00 698010 7434 SMART & FINAL IRIS COMPANY Oct 17, 2019 $467.26 698011 7459 SNIDER'S INC Oct 17, 2019 $101.76 698012 23989 SNOW, CASEY Oct 17, 2019 $320.00 698013 23456 SORENSON,VERNON MD INC Oct 17, 2019 $37,215.00 698014 29365 STONE, ROSA Oct 17, 2019 $81.90 698015 29225 STOPESTS PEST CONTROL INC Oct 17, 2019 $68.00 698016 21606 SUNRISE ENVIRONMENTAL SCIENTIFIC Oct 17, 2019 $638.86 698017 28163 SWITZER, PHILIP Oct 17, 2019 $441.00 698018 30360 SYNAGRO WWT INC Oct 17, 2019 $6,951.91 698019 28832 T -MOBILE USA Oct 17, 2019 $357.00 698020 276 TAYLOR EQUIPMENT & REPAIR, INC Oct 17, 2019 $2,161.57 698021 27973 TEMPEST INTERACTIVE MEDIA LLC Oct 17, 2019 $200.00 698022 25338 TEN EIGHT TOW INC Oct 17, 2019 $74.00 698023 17153 TERMINIX INTERNATIONAL INC Oct 17, 2019 $362.00 698024 19961 THE HON COMPANY -C/O STINSONS Oct 17, 2019 $19,111.98 698025 27924 TODAY CLEANERS #16 Oct 17, 2019 $83.93 698026 29088 TODD GROUNDWATER Oct 17, 2019 $65,783.75 698027 22218 TOPETE, LUIS Oct 17, 2019 $156.47 698028 21369 TRANS -WEST SECURITY INC Oct 17, 2019 $11,899.69 698029 21305 TREK DIGITAL PRODUCTS INC Oct 17, 2019 $695.08 698030 70200 TRINITY SAFETY CO Oct 17, 2019 $133.37 698031 20359 TURF STAR INC Oct 17, 2019 $756.83 698032 96 TYACK TIRES INC Oct 17, 2019 $125.83 698033 8319 UNITED PARCEL SERVICE Oct 17, 2019 $58.45 698034 10202 UNITED WAY OF KERN COUNTY Oct 17, 2019 $250.00 698035 21513 USABLUEBOOK Oct 17, 2019 $872.26 698036 29016 VALLEY PRESSURE PROS INC Oct 17, 2019 $2,300.00 698037 26060 VANGUARD CLEANING SYSTEMS INC Oct 17, 2019 $1,126.75 698038 28829 VASQUEZ, ROSARIO Oct 17, 2019 $130.00 698039 1286 VBI PAINTING Oct 17, 2019 $3,118.48 698040 1386 VIRCO Oct 17, 2019 $3,701.77 698041 28738 VONDOHLEN, LACEY Oct 17, 2019 $1,194.00 698042 30432 V3 COMPANIES LTD Oct 17, 2019 $6,560.24 698043 5158 W M LYLES COMPANY Oct 17, 2019 $44,932.72 698044 28707 WEST SIDE BULLETS Oct 17, 2019 $3,000.00 698045 28739 WESTAIR GASES & EQUIPMENT INC Oct 17, 2019 $356.42 698046 26447 WESTCOAST HYDRAULICS Oct 17, 2019 $427.95 698047 21212 WHITE CAP CONSTRUCTION SUPPLY Oct 17, 2019 $401.34 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADMIN\11- NOV 11106119 CC AGENDA PACKET PG 123 10/25/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 6 FROM 10/11/2019 to 10/24/2019 Check Number Vendor Number Vendor Name Check Date Check Amount 698048 28488 WOOD, VICTORIA Oct 17, 2019 $91.00 698049 9234 ZALCO LABORATORIES INC Oct 17, 2019 $250.00 698050 9244 ZEP MANUFACTURING COMPANY Oct 17, 2019 $552.08 698051 17690 ZONES Oct 17, 2019 $477.77 698052 30594 ZUNIGA, ADRIAN Oct 17, 2019 $656.00 698053 28854 3C PAYMENT (USA) CORP Oct 17, 2019 $100.00 698056 78 ADVANCED DISTRIBUTION CO Oct 17, 2019 $9,907.89 698059 8530 AMERIPRIDE UNIFORM SERVICES Oct 17, 2019 $3,262.85 698060 10320 BAKERSFIELD HOMELESS CENTER Oct 17, 2019 $20,282.70 698064 21172 BLACKHOLE TECHNOLOGIES INC Oct 17, 2019 $6,553.02 698065 1682 C S U L B FOUNDATION Oct 17, 2019 $397.00 698066 1682 C S U L B FOUNDATION Oct 17, 2019 $794.00 698067 10623 CALIFORNIA DEPARTMENT OF TAX AND Oct 17, 2019 $3,476.00 698068 23262 CALIFORNIA TRAINING INSTITUTE Oct 17, 2019 $350.00 698069 1694 CALIFORNIA WATER SERVICE Oct 17, 2019 $67,202.23 698071 1696 CALIFORNIA WATER SERVICE Oct 17, 2019 $27,824.55 698072 30590 CAPE TREASURER Oct 17, 2019 $150.00 698074 11572 CPRS Oct 17, 2019 $3,570.00 698077 3427 GRAINGER INC, W W Oct 17, 2019 $3,577.13 698079 3488 GREENFIELD COUNTY WATER DIST Oct 17, 2019 $1,413.41 698080 3511 GRIFFITH COMPANY INC Oct 17, 2019 $2,703,778.88 698085 7933 HOME DEPOT Oct 17, 2019 $5,314.02 698086 13540 I A I Oct 17, 2019 $400.00 698087 3942 11 M C Oct 17, 2019 $600.00 698088 3998 INSTITUTE OF TRANSPORATION ENG Oct 17, 2019 $660.00 698089 10196 KERN COUNTY D A'S OFFICE Oct 17, 2019 $18,332.00 698092 15624 LOWE'S HOME IMPROVEMENT Oct 17, 2019 $3,292.36 698094 24279 O'REILLY AUTO PARTS Oct 17, 2019 $738.50 698095 14088 PACIFIC GAS & ELECTRIC Oct 17, 2019 $53.87 698101 6114 PACIFIC GAS & ELECTRIC COMPANY Oct 17, 2019 $423,153.65 698102 28492 SIERRA OAKS PARTNERS LLC Oct 17, 2019 $963,480.00 698103 7096 SJVAPCD Oct 17, 2019 $1,238.00 698104 7096 SJVAPCD Oct 17, 2019 $42.00 698105 7509 SOCALGAS Oct 17, 2019 $61.07 698107 22620 SOUTHWEST LIFT & EQUIPMENT INC Oct 17, 2019 $5,626.14 698108 7640 STATE WATER RESOURCES CONTROL BOARD Oct 17, 2019 $3,289.00 698109 13216 U S BANK TRUST NA Oct 17, 2019 $3,509.00 698110 13216 U S BANK TRUST NA Oct 17, 2019 $1,485.00 698111 8611 VAUGHN WATER CO., INC. Oct 17, 2019 $10,040.22 698112 30287 WEX BANK Oct 17, 2019 $2,995.61 698113 10204 ASSOCIATION BKFD POLICE OFFICER FCU Oct 18, 2019 $14,148.06 698114 10211 BAKERSFIELD FIREMEN Oct 18, 2019 $10,111.44 698115 10200 BAKERSFIELD FIREMEN RELIEF ASS Oct 18, 2019 $7,795.23 698116 10203 BAKERSFIELD POLICE BENEFIT Oct 18, 2019 $25,405.44 698117 10205 MUTUAL BENEFIT ASSOCIATION Oct 18, 2019 $1,882.59 698118 26810 RELIASTAR LIFE INSURANCE CO Oct 18, 2019 $1,826.06 698119 22324 SEIU LOCAL 521 Oct 18, 2019 $15,143.83 698120 70547 ACCURATE TRENCHING INC Oct 24, 2019 $9,045.00 698121 25365 AECOM TECHNICAL SERVICES INC Oct 24, 2019 $1,915.00 698122 26886 AGERTON, ELIZABETH Oct 24, 2019 $343.00 698123 19496 ALL PRO CLEANING SERVICE Oct 24, 2019 $1,460.00 698124 25863 ALLIED WEED CONTROL INC Oct 24, 2019 $9,605.00 698125 30609 ALMAZAN, PATIENCE Oct 24, 2019 $734.00 698126 21499 ALVAREZ, LESLIE Oct 24, 2019 $111.08 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADMIN\11- NOV 11106119 CC AGENDA PACKET PG 124 10/25/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 7 FROM 10/11/2019 to 10/24/2019 Check Number Vendor Number Vendor Name Check Date Check Amount 698127 15461 ALVIDREZ, TONY M Oct 24, 2019 $26.33 698128 30605 AMERICAN NATIONAL AS SUBROGEE OF Oct 24, 2019 $5,960.49 698129 26835 AMERICAN RED CROSS -HEALTH & Oct 24, 2019 $11.00 698130 17585 AMERINATIONAL COMMUNITY SERV INC Oct 24, 2019 $1,185.66 698131 30596 ANCON Oct 24, 2019 $3,686.16 698132 359 ANDERSON, ALLEN M Oct 24, 2019 $6.13 698133 11517 ANSON, GARY Oct 24, 2019 $18.18 698134 24927 ARRIBILLAGA, ROSEMARIE Oct 24, 2019 $42.50 698135 30584 ASELA ENVIRONMENTAL INC Oct 24, 2019 $6,980.00 698136 70548 AVILA, MICHELLE Oct 24, 2019 $500.00 698137 652 B A C S CO Oct 24, 2019 $6.32 698138 655 B A S &BAKERSFIELD ATHLETIC SUP EQ Oct 24, 2019 $130.83 698139 29957 BADHESHA, NAVEJOT Oct 24, 2019 $343.00 698140 675 BAKERSFIELD CALIFORNIAN Oct 24, 2019 $434.10 698141 10320 BAKERSFIELD HOMELESS CENTER Oct 24, 2019 $12,918.40 698142 70249 BAKERSFIELD PLUMBING CO INC Oct 24, 2019 $800.00 698143 818 BAKERSFIELD POLICE RESERVES Oct 24, 2019 $442.00 698144 841 BAKERSFIELD RUBBER STAMP CO Oct 24, 2019 $152.31 698145 13424 BARNES WELDING SUPPLY Oct 24, 2019 $462.50 698146 945 BARNETT'S TOWING SERVICE INC Oct 24, 2019 $105.00 698147 18398 BATTERY SYSTEMS INC Oct 24, 2019 $263.71 698148 23908 BAUER COMPRESSORS INC Oct 24, 2019 $1,044.60 698149 306 BEARCAT MFG INC Oct 24, 2019 $164.54 698150 29350 BEST SMOG & TUNE UP Oct 24, 2019 $106.50 698151 28231 BIG BRAND TIRE & SERVICE Oct 24, 2019 $1,934.68 698152 1111 BLACKBURN, CLEO Oct 24, 2019 $26.33 698153 28341 BOB'S AUTO GLASS INC Oct 24, 2019 $412.65 698154 1175 BOBS WHOLESALE AUTO GLASS Oct 24, 2019 $345.63 698155 22817 BORN AGAIN BODYWORKS Oct 24, 2019 $1,520.87 698156 17192 BOWEN, CECIL Oct 24, 2019 $35.05 698157 19303 BRIGHT HOUSE NETWORKS Oct 24, 2019 $200.73 698158 1271 BROCKS TRAILER Oct 24, 2019 $615.45 698159 1314 BROWNELLS INC Oct 24, 2019 $513.97 698160 613 BSK ASSOCIATES Oct 24, 2019 $6,600.00 698161 23000 BUDAK, MICHAEL D Oct 24, 2019 $920.00 698162 1463 CADENA, JAKE Oct 24, 2019 $26.33 698163 23736 CALIFORNIA EMINENT DOMAIN LAW GROUP Oct 24, 2019 $97.50 698164 1695 CALIFORNIA WATER SERVICE CO Oct 24, 2019 $842,653.48 698165 10037 MISCELLANEOUS TRUST VENDOR Oct 24, 2019 $101.00 698166 18347 CAROLINA SOFTWARE Oct 24, 2019 $500.00 698167 1766 CAROLLO ENGINEERS INC Oct 24, 2019 $4,000.00 698168 1771 CARROLL, EUGENE J Oct 24, 2019 $13.07 698169 26667 CATALAN, EDILMAR Oct 24, 2019 $425.72 698170 28255 CELEDON, ERIC Oct 24, 2019 $99.00 698171 27074 CEN -CAL CONSTRUCTION INC Oct 24, 2019 $24,437.50 698172 17239 CENTRAL VALLEY OCCUPATIONAL INC Oct 24, 2019 $135.13 698173 16974 CERTEX WEST USA INC Oct 24, 2019 $155.56 698174 1888 CHAMPION HARDWARE Oct 24, 2019 $2,069.29 698175 23786 CHART INDUSTRIES Oct 24, 2019 $227.86 698176 24168 CHERRY, JAMES Oct 24, 2019 $198.00 698177 13568 CHIEF SUPPLY INC Oct 24, 2019 $843.98 698178 29127 CLARK, DERRICK Oct 24, 2019 $209.38 698179 29161 CLARK, RYAN Oct 24, 2019 $336.00 698180 30392 CLARK, SHERRY DVM Oct 24, 2019 $490.00 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADMIN\11- NOV 11106119 CC AGENDA PACKET PG 125 10/25/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 8 FROM 10/11/2019 to 10/24/2019 Check Number Vendor Number Vendor Name Check Date Check Amount 698181 2050 CLIFFORD & BROWN Oct 24, 2019 $4,568.40 698182 801 CLIFFORD & BROWN TRUST Oct 24, 2019 $4,075.00 698183 25371 COFFEE ROAD ANIMAL HOSPITAL INC Oct 24, 2019 $631.09 698184 12236 COLBURN, NORMA Oct 24, 2019 $42.50 698185 11167 COLES ENVIRONMENTAL Oct 24, 2019 $776.25 698186 20502 COLUNGA, PILAR M Oct 24, 2019 $450.00 698187 2224 CORE, FLORN R Oct 24, 2019 $42.50 698188 2203 CORNERSTONE ENGINEERING INC Oct 24, 2019 $4,038.00 698189 10697 CRAW FORD, KAREN Oct 24, 2019 $4.42 698190 2253 CULLIGAN WATER CONDITIONING Oct 24, 2019 $59.75 698191 27218 CUMMINS PACIFIC LLC Oct 24, 2019 $3,457.93 698192 70484 CVIN LLC Oct 24, 2019 $478.00 698193 4140 DAVID JANES COMPANY Oct 24, 2019 $5.32 698194 29209 DAVIS, APRIL Oct 24, 2019 $111.08 698195 2435 DE LAURIE, JERRY Oct 24, 2019 $13.07 698196 25962 DEFINITI COMP SOLUTIONS Oct 24, 2019 $45.78 698197 2469 DEPARTMENT OF JUSTICE Oct 24, 2019 $1,088.00 698198 25742 DISCOUNT RADIATOR CENTER Oct 24, 2019 $460.12 698199 2613 DOUGLASS TRUCK BODIES INC Oct 24, 2019 $1,600.20 698200 2630 DOYLE, MIKE Oct 24, 2019 $32.64 698201 19322 DRAKE, SCOTT Oct 24, 2019 $183.59 698202 21979 DUCKWORTH, TONY Oct 24, 2019 $116.00 698203 11104 DURAN, ESTHER Oct 24, 2019 $50.00 698204 23864 DYE, KATHARINE Oct 24, 2019 $450.00 698205 21215 EAVES, DR RONALD W Oct 24, 2019 $25.00 698206 18911 ECMS INC Oct 24, 2019 $612.24 698207 20062 ECOLINE INDUSTRIAL SUPPLY Oct 24, 2019 $2,463.86 698208 20563 EDMONDS, TOM Oct 24, 2019 $25.00 698209 2811 ENTENMANN ROVIN CO Oct 24, 2019 $683.90 698210 20899 ENVIRONMENTAL BIOTECH INT'L LLC Oct 24, 2019 $679.90 698211 70549 EPKINS, RHYTHMM Oct 24, 2019 $500.00 698212 2901 FEDEX Oct 24, 2019 $11.08 698213 19657 FIRST CHOICE SERVICES INC Oct 24, 2019 $250.16 698214 25339 FLEET SERVICES TOWING INC Oct 24, 2019 $74.00 698215 11696 FRALEY, DEBORAH Oct 24, 2019 $18.18 698216 3090 FRANK J ZAMBONI & CO INC Oct 24, 2019 $237.80 698217 21974 GARDNER, REGINALD Oct 24, 2019 $69.60 698218 29093 GARZA, ERIK Oct 24, 2019 $567.96 698219 25779 GCI EQUIPMENT RENTAL Oct 24, 2019 $129.90 698220 29092 GEI CONSULTANTS INC Oct 24, 2019 $11,497.60 698221 28064 GENERAL TREE SERVICE INC Oct 24, 2019 $30,205.00 698222 13174 GEORGE, MIKE Oct 24, 2019 $25.00 698223 12742 GEORGE, PRESTON Oct 24, 2019 $26.33 698224 3360 GILLBURG, GEORGE Oct 24, 2019 $26.33 698225 3358 GILLIAM & SONS INC Oct 24, 2019 $40,976.40 698226 10037 MISCELLANEOUS TRUST VENDOR Oct 24, 2019 $9.00 698227 3403 GOLDEN STATE PETERBILT Oct 24, 2019 $3,906.71 698228 28955 GRACE TO GLORY LANDSCAPING Oct 24, 2019 $405.00 698229 3427 GRAINGER INC, W W Oct 24, 2019 $1,144.83 698230 3450 GRANITE CONSTRUCTION INC Oct 24, 2019 $1,694,067.50 698231 3452 GRAYBAR ELECTRIC COMPANY Oct 24, 2019 $1,512.80 698232 70469 GREATER BAKERSFIELD CHAMBER Oct 24, 2019 $503.00 698233 24247 GREGS PETROLEUM SERVICES INC Oct 24, 2019 $3,720.22 698234 29803 GUTIERREZ ASSOCIATES Oct 24, 2019 $15,560.00 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADMIN\11- NOV 11106119 CC AGENDA PACKET PG 126 10/25/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 9 FROM 10/11/2019 to 10/24/2019 Check Number Vendor Number Vendor Name Check Date Check Amount 698235 24139 GUTIERREZ TIRE & WHEEL INC Oct 24, 2019 $3,905.48 698236 24429 H & E EQUIPMENT SERVICES LLC Oct 24, 2019 $1,278.06 698237 3569 H & S BODY WORKS & TOWING Oct 24, 2019 $106.00 698238 25970 HACKER, ROBERT Oct 24, 2019 $42.50 698239 29964 HALIFAX SECURITY INC Oct 24, 2019 $6,789.44 698240 11942 HALL, DENNIS Oct 24, 2019 $26.33 698241 10037 MISCELLANEOUS TRUST VENDOR Oct 24, 2019 $200.00 698242 19200 HERNANDEZ, ANTHONY Oct 24, 2019 $42.00 698243 3770 HERRERA, FRANK R Oct 24, 2019 $26.11 698244 30391 HOME DEPOT PRO Oct 24, 2019 $1,660.45 698245 11344 HONEYWELL ANALYTICS INC Oct 24, 2019 $795.64 698246 17133 HOWELL, KEITH THOMAS Oct 24, 2019 $450.00 698247 18263 HUB CONSTRUCTION SPECIALTIES INC Oct 24, 2019 $374.19 698248 11438 HUNTINGTON, LORRAINE Oct 24, 2019 $25.41 698249 3929 HYDRAULIC CONTROLS INC Oct 24, 2019 $364.54 698250 25159 ID WHOLESALER Oct 24, 2019 $573.72 698251 19493 INTERNATIONAL CODE COUNCIL Oct 24, 2019 $13,174.08 698252 24099 J GARCIA TRUCKING INC Oct 24, 2019 $2,400.00 698253 70465 JEFFRIES BROTHERS INC Oct 24, 2019 $2,198.94 698254 147 JIM ALFTER CEMENT CONTRACTOR Oct 24, 2019 $10,225.80 698255 24194 JOHNSON, CLARISSE Oct 24, 2019 $26.33 698256 10037 MISCELLANEOUS TRUST VENDOR Oct 24, 2019 $200.00 698257 10037 MISCELLANEOUS TRUST VENDOR Oct 24, 2019 $208.00 698258 28989 K & I SERVICES INC Oct 24, 2019 $596.00 698259 19554 K & R TOWING Oct 24, 2019 $111.00 698260 4550 K C S O S Oct 24, 2019 $740,343.52 698261 27671 KELLER, MAXINE Oct 24, 2019 $42.50 698262 4346 KELLY PIPE CO LLC Oct 24, 2019 $11,431.20 698263 4435 KERN COUNTY CLERKS Oct 24, 2019 $200.00 698264 70303 KERN COUNTY HISPANIC CHAMBER OF Oct 24, 2019 $200.00 698265 4528 KERN COUNTY PUBLIC HEALTH SERV Oct 24, 2019 $79,907.46 698266 4439 KERN COUNTY WASTE MANAGEMENT Oct 24, 2019 $109,221.71 698267 4581 KERN ELECTRIC DISTRIBUTORS Oct 24, 2019 $679.66 698268 7492 KERN MACHINERY INC Oct 24, 2019 $95.08 698269 4680 KERN RIVER POWER EQUIPMENT INC Oct 24, 2019 $3,130.47 698270 28770 KIDZ LOVE SOCCER Oct 24, 2019 $3,237.00 698271 21175 KISBEY, KAREN Oct 24, 2019 $13.07 698272 4861 KISCO SALES INC Oct 24, 2019 $694.92 698273 4277 KME FIRE APPARATUS Oct 24, 2019 $280.03 698274 4875 KNIGHTS PUMPING & PORTABLE SVC INC Oct 24, 2019 $82.49 698275 10417 KOGA INSTITUTE Oct 24, 2019 $2,874.04 698276 26294 KRONOS INCORPORATED Oct 24, 2019 $180.00 698277 12552 KURB KUT Oct 24, 2019 $480.00 698278 10037 MISCELLANEOUS TRUST VENDOR Oct 24, 2019 $100.00 698279 4944 KWIK SIGNS INC Oct 24, 2019 $404.62 698280 23743 LANDSCAPE DEVELOPMENT INC Oct 24, 2019 $875.00 698281 22408 LEHR AUTO ELECTRIC Oct 24, 2019 $2,873.77 698282 30408 LESAR DEVELOPMENT CONSULTANTS Oct 24, 2019 $5,502.50 698283 5133 LOOP ELECTRIC INC Oct 24, 2019 $14,733.86 698284 5163 LOPEZ, FRANK Oct 24, 2019 $26.33 698285 22497 M & J HANDIMAN HENRY Oct 24, 2019 $420.00 698286 24061 MAHAFFEY, BOBBY Oct 24, 2019 $26.33 698287 5262 MARTIN, LYLE Oct 24, 2019 $152.00 698288 5333 MCCORMICK, TERESA A Oct 24, 2019 $35.23 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADMIN\11- NOV 11106119 CC AGENDA PACKET PG 127 10/25/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 10 FROM 10/11/2019 to 10/24/2019 Check Number Vendor Number Vendor Name Check Date Check Amount 698289 29767 MCW ILLIAMS, AARON Oct 24, 2019 $21.00 698290 7064 MERCHANTS PRINTING & ENVELOPE Oct 24, 2019 $810.81 698291 12748 MERRIMAN HURST & ASSOCIATES INC Oct 24, 2019 $1,400.00 698292 30587 METZLER, DEIDRA DVM Oct 24, 2019 $700.00 698293 19252 MEYER CIVIL ENGINEERING INC Oct 24, 2019 $2,295.00 698294 70467 MEYER, CRYSTAL Oct 24, 2019 $500.00 698295 13288 MICHAEL BURGER & ASSOCIATES Oct 24, 2019 $1,800.00 698296 24077 MICHEL AUTO TECH Oct 24, 2019 $555.50 698297 5547 MINUTEMAN PRESS Oct 24, 2019 $189.79 698298 10037 MISCELLANEOUS TRUST VENDOR Oct 24, 2019 $15.00 698299 19168 MMI SERVICES INC Oct 24, 2019 $760.00 698300 19305 MOORE IACOFANO GOLTSMAN INC (MIG) Oct 24, 2019 $32,708.75 698301 30071 MORRISON, DANIEL Oct 24, 2019 $300.00 698302 10600 MOYER, MICKEY D. Oct 24, 2019 $42.50 698303 885 MSC INDUSTRIAL SUPPLY CO INC Oct 24, 2019 $21.63 698304 29828 MT POSO COGENERATION COMPANY LLC Oct 24, 2019 $600.00 698305 17976 MULLEN, CHAD Oct 24, 2019 $198.00 698306 26105 NAMI KERN COUNTY CHAPTER Oct 24, 2019 $500.00 698307 22058 NET TRANSCRIPTS, INC. Oct 24, 2019 $2,721.97 698308 5896 NEWTON, KENNETH RAY Oct 24, 2019 $12.85 698309 25752 NISHIKAWA PROPERTY MAINTENANCE INC Oct 24, 2019 $16,448.00 698310 5923 NORTH KERN WATER STORAGE DIST Oct 24, 2019 $1,650.00 698311 30170 O RAND, BOB L Oct 24, 2019 $26.33 698312 5963 OFFENBURGER, BILL Oct 24, 2019 $42.50 698313 22301 OVERLAND PACIFIC & CUTLER INC Oct 24, 2019 $66,840.75 698314 27975 OWEN, M ROSE Oct 24, 2019 $6.13 698315 10495 OWENS, BILLY Oct 24, 2019 $138.96 698316 29655 P & A ADMINISTRATION SERVICES INC Oct 24, 2019 $240.50 698317 20446 PAPE MACHINERY INC Oct 24, 2019 $4,314.61 698318 17052 PAQUETTE, DAVID Oct 24, 2019 $90.48 698319 27234 PARRA, ESTHER L Oct 24, 2019 $146.00 698320 29113 PEREZ, ALEJANDRO Oct 24, 2019 $567.96 698321 28869 PERRY, BRETT Oct 24, 2019 $690.00 698322 11451 PHILLIPS, SHIRLEYA Oct 24, 2019 $4.42 698323 6376 PIONEER PAINT Oct 24, 2019 $3,547.33 698324 178 PRAXAIR DISTRIBUTION INC Oct 24, 2019 $100.00 698325 30604 QUALITY SCALES UNLIMITED Oct 24, 2019 $307.50 698326 12132 QUON, MICHAEL F Oct 24, 2019 $35.05 698327 70550 RACE TIME SERVICES LLC Oct 24, 2019 $500.00 698328 28019 RAMIREZ, RAY Oct 24, 2019 $300.00 698329 20713 RANDY'S TOWING LLC Oct 24, 2019 $1,039.00 698330 6682 RAYMONDS TROPHY AND AWARDS Oct 24, 2019 $37.62 698331 10037 MISCELLANEOUS TRUST VENDOR Oct 24, 2019 $400.00 698332 19224 REDFLEX INC Oct 24, 2019 $62,250.38 698333 6727 REFRIGERATION SUPPLIES DIST. INC Oct 24, 2019 $822.38 698334 6617 RLH FIRE PROTECTION Oct 24, 2019 $65.00 698335 26506 ROBERTS CONSULTING GROUP INC Oct 24, 2019 $10,000.00 698336 28060 ROBERTS, EMMA Oct 24, 2019 $42.50 698337 70025 ROBO PLUMBING Oct 24, 2019 $313.00 698338 29099 ROTATIONAL MOLDING INC Oct 24, 2019 $29,826.67 698339 6915 ROUND -UP FEED AND PET SUPPLY Oct 24, 2019 $369.95 698340 13860 RUETTGERS & SCHULER CIVIL ENG Oct 24, 2019 $5,000.00 698341 10037 MISCELLANEOUS TRUST VENDOR Oct 24, 2019 $113.40 698342 12665 SAN JOAQUIN FENCE & SUPPLY Oct 24, 2019 $4,610.60 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADMIN\11- NOV 11106119 CC AGENDA PACKET PG 128 10/25/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 11 FROM 10/11/2019 to 10/24/2019 Check Number Vendor Number Vendor Name Check Date Check Amount 698343 10037 MISCELLANEOUS TRUST VENDOR Oct 24, 2019 $100.00 698344 27232 SCELZI EQUIPMENT INC Oct 24, 2019 $5,199.44 698345 21782 SGS TESTCOM Oct 24, 2019 $13.00 698346 7337 SHERFY, ROBERT M. Oct 24, 2019 $35.05 698347 7357 SHERMAN, THOMAS Oct 24, 2019 $26.33 698348 7351 SNIPES, HENRY Oct 24, 2019 $26.33 698349 30603 SIXTOS, ABEL ANTHONY Oct 24, 2019 $1,593.95 698350 28327 SJE Oct 24, 2019 $5,010.00 698351 7434 SMART & FINAL IRIS COMPANY Oct 24, 2019 $594.84 698352 23428 SMITH, MITCHELL Oct 24, 2019 $457.20 698353 22473 SOILS ENGINEERING INC Oct 24, 2019 $30,235.00 698354 23456 SORENSON,VERNON MD INC Oct 24, 2019 $4,700.00 698355 11907 SPARKLETTS/SIERRA SPRINGS Oct 24, 2019 $199.25 698356 17986 SPRINT/NEXTEL COMMUNICATIONS Oct 24, 2019 $97.02 698357 28923 STARS AND STRIPES Oct 24, 2019 $9,250.00 698358 11276 STATE BOARD OF EQUALIZATION Oct 24, 2019 $2,250.00 698359 10037 MISCELLANEOUS TRUST VENDOR Oct 24, 2019 $200.00 698360 28268 TEAGUE, STEPHANIE Oct 24, 2019 $343.00 698361 25338 TEN EIGHT TOW INC Oct 24, 2019 $37.00 698362 20357 TEUTIMEZ, DONALD Oct 24, 2019 $25.41 698363 70546 THE STEPHEN SILLER TUNNEL TO Oct 24, 2019 $1,000.00 698364 26861 TORRES, SHIRLEY Oct 24, 2019 $26.33 698365 18773 TRANE COMPANY INC Oct 24, 2019 $1,013.50 698366 22879 TREFZ, CRAIG Oct 24, 2019 $80.00 698367 21305 TREK DIGITAL PRODUCTS INC Oct 24, 2019 $101.70 698368 70200 TRINITY SAFETY CO Oct 24, 2019 $165.62 698369 96 TYACK TIRES INC Oct 24, 2019 $8,304.57 698370 12460 UNITED RENTALS NORTH AMERICA INC Oct 24, 2019 $43.30 698371 13920 UNITED SITE SERVICES OF CA INC Oct 24, 2019 $137.45 698372 24193 URSIN, MARGARET Oct 24, 2019 $42.50 698373 8520 VALLEY POWER SYSTEMS, INC Oct 24, 2019 $437.50 698374 10174 VALLEY PRINTERS Oct 24, 2019 $4,759.55 698375 29174 VALLIANT, JOHN Oct 24, 2019 $1.31 698376 20601 VERIZON WIRELESS Oct 24, 2019 $301.84 698377 17940 VINCENT, LESLIE Oct 24, 2019 $6.83 698378 30488 WASSEF, MENA Oct 24, 2019 $21.00 698379 10037 MISCELLANEOUS TRUST VENDOR Oct 24, 2019 $61.59 698380 25253 WEGIS, JONATHAN Oct 24, 2019 $198.00 698381 19776 WEST PAYMENT CENTER Oct 24, 2019 $1,377.20 698382 28739 WESTAIR GASES & EQUIPMENT INC Oct 24, 2019 $5,049.22 698383 21212 WHITE CAP CONSTRUCTION SUPPLY Oct 24, 2019 $738.38 698384 15380 WILLIAMS, ISABEL Oct 24, 2019 $26.33 698385 9052 WISHAM, DARLENE Oct 24, 2019 $26.33 698386 12585 WOOLARD, BOBBY Oct 24, 2019 $988.00 698387 26909 YORK RISK SERVICES GROUP INC Oct 24, 2019 $18,299.17 698388 9244 ZEP MANUFACTURING COMPANY Oct 24, 2019 $675.35 698389 25879 ZOOM IMAGING SOLUTIONS, INC. Oct 24, 2019 $819.19 698391 78 ADVANCED DISTRIBUTION CO Oct 24, 2019 $35,274.93 698392 12516 AIMS Oct 24, 2019 $10,506.54 698394 23588 ALUMINUM CHUCK WAGON Oct 24, 2019 $13,063.71 698397 8530 AMERIPRIDE UNIFORM SERVICES Oct 24, 2019 $3,357.72 698398 10918 BAKERSFIELD SISTER CITY PROJECT Oct 24, 2019 $792.00 698404 21172 BLACKHOLE TECHNOLOGIES INC Oct 24, 2019 $19,915.16 698406 18692 BOUND TREE MEDICAL LLC Oct 24, 2019 $3,556.82 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADMIN\11- NOV 11106119 CC AGENDA PACKET PG 129 10/25/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 12 FROM 10/11/2019 to 10/24/2019 Check Number Vendor Number Vendor Name Check Date Check Amount 698408 10267 BUDGET BOLT INC Oct 24, 2019 $1,102.30 698417 10623 CALIFORNIA DEPARTMENT OF TAX AND Oct 24, 2019 $9,265.00 698420 1696 CALIFORNIA WATER SERVICE Oct 24, 2019 $79,842.06 698421 11937 CITY OF BAKERSFIELD Oct 24, 2019 $246.12 698422 2050 CLIFFORD & BROWN Oct 24, 2019 $17,500.00 698423 30608 CNOA REGION II Oct 24, 2019 $45.00 698424 17946 CSDIAI SECRETARY TREASURER Oct 24, 2019 $50.00 698425 30600 FAITH BAPTIST CHURCH Oct 24, 2019 $4,000.00 698427 3450 GRANITE CONSTRUCTION INC Oct 24, 2019 $388,359.48 698430 7933 HOME DEPOT Oct 24, 2019 $5,613.98 698431 4677 KERN REFUSE DISPOSAL, INC Oct 24, 2019 $158,547.32 698434 4740 KERN TURF SUPPLY Oct 24, 2019 $5,753.40 698436 15624 LOWE'S HOME IMPROVEMENT Oct 24, 2019 $1,669.14 698437 29681 LRN TRANSPORTATION Oct 24, 2019 $635.44 698438 12627 MARDEROSIAN & COHEN Oct 24, 2019 $120,213.79 698439 14088 PACIFIC GAS & ELECTRIC Oct 24, 2019 $53.87 698440 14088 PACIFIC GAS & ELECTRIC Oct 24, 2019 $10,572.68 698441 14088 PACIFIC GAS & ELECTRIC Oct 24, 2019 $3,429.29 698442 14088 PACIFIC GAS & ELECTRIC Oct 24, 2019 $3,941.63 698443 14088 PACIFIC GAS & ELECTRIC Oct 24, 2019 $2,237.39 698446 14088 PACIFIC GAS & ELECTRIC Oct 24, 2019 $267,498.64 698447 7509 SOCALGAS Oct 24, 2019 $24.17 698448 7637 SWRCB - STORM WATER SECTION Oct 24, 2019 $1,513.00 698450 10428 UNITED REFRIGERATION INC Oct 24, 2019 $974.15 698456 20601 VERIZON WIRELESS Oct 24, 2019 $35,266.21 698458 14647 WAXIE SANITARY SUPPLY INC Oct 24, 2019 $4,173.03 698459 30002 MEDICAL EYE SERVICE COMPANY Oct 24, 2019 $5,099.72 698460 26810 RELIASTAR LIFE INSURANCE CO Oct 24, 2019 $3,876.97 698461 30027 U S BANK - PARS #6746022400 Oct 24, 2019 $2,150.64 698462 30029 UNITED CONCORDIA DENTAL PLANS OF CA Oct 24, 2019 $49,814.48 698463 30020 UNUM Oct 24, 2019 $5,290.15 9995097 30028 BLUE SHIELD OF CALIFORNIA -P Oct 11, 2019 $500,019.08 9995098 24821 DEPARTMENT OF THE TREASURY Oct 11, 2019 $71.65 9995099 30021 KAISER PERMANENTE Oct 11, 2019 $215,213.37 9995100 30025 STATE DISBURSEMENT UNIT Oct 17, 2019 $19,210.34 9995101 11811 WELLS FARGO BANK Oct 17, 2019 $80,687.84 9995102 10199 BAKERSFIELD CITY EMPLOYEE Oct 18, 2019 $189,975.00 9995103 30014 EMPLOYMENT DEVELOPMENT DEPT Oct 18, 2019 $231,076.87 9995104 10217 1 C M A RETIREMENT TRUST -303749 Oct 18, 2019 $50,302.97 9995105 30010 IRS Oct 18, 2019 $648,271.72 9995106 16863 NATIONWIDE RETIREMENT SOLUTIONS Oct 18, 2019 $120,254.73 9995107 20699 VANTAGEPOINT TRANSFER AGENTS C/O Oct 18, 2019 $41,059.17 9995108 24821 DEPARTMENT OF THE TREASURY Oct 24, 2019 $384.10 9995109 29895 FIRST DATA GLOBAL LEASING CREDIT Oct 24, 2019 $147.00 9995111 19630 UNION BANK Oct 24, 2019 $456,437.05 9995112 29896 UNION BANK CREDIT CARD FEES Oct 24, 2019 $29,542.16 9995113 11811 WELLS FARGO BANK Oct 24, 2019 $117,138.10 $20,242,022.70 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADMIN\11- NOV 11106119 CC AGENDA PACKET PG 130 10/25/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1 FROM 10/11/2019 to 10/24/2019 E -Payable Number 17967 17968 17969 17970 17971 17972 17973 17974 17975 17976 17977 17978 17979 17980 17981 17982 17983 17984 17985 17986 17987 17988 17989 17990 17992 17993 17994 17995 17996 17997 17998 17999 18000 18001 18002 18003 18004 18005 18006 18007 18008 18009 18010 18011 18012 18013 18014 18015 18016 18017 18018 18019 18020 18021 Vendor Number 24819 29 436 576 575 611 1037 1163 1765 20747 2162 13912 13088 14055 2874 16838 21739 4171 1390 15694 24086 453 1279 6555 28661 19584 14700 7685 7728 13646 57 24819 576 611 1163 20747 2162 13912 13088 2757 2874 21739 3570 4171 15694 4925 24086 453 6550 6555 14700 7685 7728 15868 Vendor Name AD WEAR & SPECIALTY OF TX AFFINITY TRUCK CENTER ARGO CHEMICAL INC B & B SURPLUS B C LABORATORIES B S & E COMPANY INC BERCHTOLD EQUIPMENT CO BLUEPRINT SERVICE CO CARNEYS BUSINESS TECHNOLOGY CTR INC CENTRAL SANITARY SUPPLY INC CONSOLIDATED ELECTRICAL DIST INC DIRECT SAFETY SOLUTIONS INC E J WARD INCORPORATED FAST UNDERCAR LLC FERGUSON ENTERPRISES INC GIBBS INTERNATIONAL TRUCK CTR. INC GOLDEN EMPIRE TOWING INC JERRY & KEITHS INC JIM BURKE FORD JIMS TOWING INC MAR -CO EQUIPMENT CORP MUNICIPAL MAINTENANCE EQUIP INC QUALITY HEAVY DUTY DIESEL ELEC QUINN COMPANY INC SERVEXO PROTECTIVE SERVICES SMITH & SON TIRE INC SOUTH COAST EMERGENCY VEHICLE SERV. STINSON STATIONERS SULLY & SON HYDRAULICS INC UNITED ROTARY BRUSH CORP ABATE A WEED AD WEAR & SPECIALTY OF TX B & B SURPLUS B S & E COMPANY INC BLUEPRINT SERVICE CO CENTRAL SANITARY SUPPLY INC CONSOLIDATED ELECTRICAL DIST INC DIRECT SAFETY SOLUTIONS INC E J WARD INCORPORATED ELECTRIC MOTOR WORKS INC FERGUSON ENTERPRISES INC GOLDEN EMPIRE TOWING INC HAAKER EQUIPMENT COMPANY JERRY & KEITHS INC JIMSTOWING INC KRAZAN & ASSOCIATES INC MAR -CO EQUIPMENT CORP MUNICIPAL MAINTENANCE EQUIP INC QUAD KNOPF INC QUINN COMPANY INC SOUTH COAST EMERGENCY VEHICLE SERV. STINSON STATIONERS SULLY & SON HYDRAULICS INC TEL TEC SECURITY SYSTEM INC E -Payable Date Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 17, 2019 Oct 24, 2019 Oct 24, 2019 Oct 24, 2019 Oct 24, 2019 Oct 24, 2019 Oct 24, 2019 Oct 24, 2019 Oct 24, 2019 Oct 24, 2019 Oct 24, 2019 Oct 24, 2019 Oct 24, 2019 Oct 24, 2019 Oct 24, 2019 Oct 24, 2019 Oct 24, 2019 Oct 24, 2019 Oct 24, 2019 Oct 24, 2019 Oct 24, 2019 Oct 24, 2019 Oct 24, 2019 Oct 24, 2019 Oct 24, 2019 E -Payable Amount $538.00 $4,660.58 $3,886.94 $1,221.82 $1,371.00 $8,204.07 $6,900.53 $224.90 $307.43 $284.16 $270.77 $1,188.14 $1,969.24 $5,823.01 $421.46 $6,022.58 $1,875.00 $4,594.47 $11,254.21 $343.00 $927.68 $1,666.48 $482.22 $9,029.64 $6,233.82 $2,580.91 $189.51 $4,179.71 $7.66 $4,025.17 $3,787.96 $4,018.52 $1,054.91 $1,701.95 $216.27 $4,292.48 $7,530.44 $5,731.84 $4,237.04 $270.63 $8,320.80 $2,212.00 $150.73 $4,562.93 $1,218.00 $10,800.00 $921.58 $317.75 $1,430.55 $13,543.96 $426.81 $6,386.31 $1,944.57 $75.00 I / .7,00 1. 1'-F S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADMIN\11- NOV 211/06119 CC AGENDA PACKET PG 131 10/25/2019 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 10/11/2019 to 10/24/2019 E -Payable E -Payable Number Vendor Number Vendor Name E -Payable Date Amount 20,417,859.84 S:\Accounting\Robert Z\Admin - Council\2019\COUNCIL-ADMIN\11- NOV 211/06119 CC AGENDA PACKET PG 132 t✓ BAKERSFIELD THE SOUND OF c5 W&4*W fVRW ADMINISTRATIVE REPORT MEETING DATE: 11/6/2019 Consent— Ordinances c. TO: Honorable Mayor and City Council FROM: Anthony Galagaza, Fire Chief DAT E: 10/24/2019 WARD: SUBJECT: Adoption of ordinance amending Chapter 15.65 of the Bakersfield Municipal Code relating to the California Fire Code. (FR 10/23/19) STAFF RECOMMENDATION: Staff recommends adoption of the proposed ordinance. BACKGROUND: The State has adopted the 2019 Edition of the California Fire Code which is a modified version of the 2018 International Fire Code. This is part of the normal code adoption cycle which occurs every three years. Fire departments are authorized to locally amend and adopt the California Fire Code, provided the local amendments are no less stringent than the State-wide standards. Chapter 15.65 includes a more stringent local amendment for requiring fire sprinklers in any building over 10,000 square feet in size, including office buildings, instead of at 12,000 square feet per the California Fire Code. This local amendment is consistent with the same fire sprinkler requirement previously adopted by both Kern County and the City of Bakersfield in prior ordinances. Staff has confirmed that Kern County will remain consistent with the City in similarly re -adopting this more stringent local amendment for fire sprinklers. Fire staff will meet with the Home Builders Association on October 30, 2019 regarding these and other fire department requirements. The remainder of the proposed code amendments is either re -numbering of existing provisions or deletions of any prior amendments supplanted by the 2019 revision of the California Fire Code itself. State law requires that the City of Bakersfield adopt these codes by January 1, 2020. A copy of the code is on file at the City Clerk's office for review. ATTACHMENTS: 11/06/19 CC AGENDA PACKET PG 133 Description Type Ordinance Amending 15.65 Ordinance 11/06/19 CC AGENDA PACKET PG 134 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 15.65 OF THE BAKERSFIELD MUNICIPAL CODE ADOPTING THE 2019 EDITION OF THE CALIFORNIA FIRE CODE. WHEREAS, the 2019 edition of the California Fire Code (CFC) regulates and governs the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises, provides for the issuance of permits and collection of fees therefor; and WHEREAS, the City of Bakersfield desires to adopt the CFC, 2019 edition, with amendments necessary to meet local conditions; and WHEREAS, the local amendments to the CFC are necessary due to local geologic, climatic and topographical conditions which exist in the City of Bakersfield which include conditions conducive to steep terrain, extremely high temperatures and dry conditions in the summer and extremely poor visibility due to Tule fog conditions in the winter; and WHEREAS, the City of Bakersfield is situated in the southern San Joaquin Valley which is surrounded by the Sierra Nevada Mountains on the east, the Coastal Range on the west, and the Tehachapi Mountains on the south and is subject to periodic seismic activity from earthquake faults associated with those geologic features; and WHEREAS, the City of Bakersfield typically exceeds temperatures of 90°F during the summer months of June, July, August, and September and during the winter months typically experiences a high percentage of poor visibility days from zero visibility to 300 feet; and WHEREAS, the high temperatures, along with dangerously low humidity in the summer, account for the extremely dry conditions related to fire spread and ignitability of fuel and the low visibility in the winter accounts for slower than normal responses and a slower than normal call for additional alarms when needed; and WHEREAS, the Bakersfield Fire Department has a basic engine company staffing level of three and this is considered the minimal response level for a structure response team based on OSHA regulations pertaining to "2 - in, 2 -out" rules, an additional time restraint may yield increased property damage averages with the end result being a faster fire spread and Page 1 of 22 Pages 11/06/19 CC AGENDA PACKET PG 135 greater fire intensity in the summer and the potential for the same results for fires in the winter with potential slower response times; and WHEREAS, if this ordinance is not adopted the City will automatically, by operation of law, be required to abide by the CFC, without the amendments necessary to govern conditions unique to the City of Bakersfield; and WHEREAS, the failure to adopt such amendments as set forth in the ordinance will cause great hardship in regulating fire protection aspects unique to the City of Bakersfield and thereby threaten the preservation of the public peace, health, and safety; and WHEREAS, the City Council does expressly find and determine that the changes and modifications to the 2019 CFC are reasonably necessary because of local geologic, climatic, and topographic conditions. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 15.65 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 15.65 CALIFORNIA FIRE CODE* 1. Adoption 15.65.010 Adoption of California Fire Code, 2019 Edition, and Appendices -amended 2. Deletions, Additions and Modifications 15.65.020 Section 101.1 Title - amended 15.65.030 Section 102.2.1 Operational authority - added 15.65.040 Section 103 Prevention Services Division -amended 15.65.045 Section 103.1 General - amended 15.65.050 Section 104.10 Fire investigations - amended 15.65.060 Section 104.12 Fire zones — added 15.65.070 Section 104.13 Firearms — added Page 2 of 22 Pages 11/06/19 CC AGENDA PACKET PG 136 15.65.080 Section 105.6 Required operational permits —deleted sections 105.6.1, 105.6.3, 105.6.5, 105.6.6, 105.6.7, 105.6.1 1 105.6.12 105.6.13, 105.6.15, 105.6.16, 105.6.17 1 05.6.1 8, 1 05.6.1 9, 1 05.6.21 , 105.6.22, 105.6.23, 105.6.24, 105.6.25, 105.6.27, 105.6.28, 105.6.30, 105.6.31, 105.6.33, 105.6.34, 105.6.35, 105.6.36, 105.6.37, 105.6.38, 105.6.39, 1 05.6.41 , 1 05.6.42 105.6.43, 105.6.44, 105.6.46, 105.6.48, and 105.6.50; added sections 105.6.14.1 and 105.6.30.1; amended sections 105.6.2, 105.6.4, 105.6.8, 105.6.9, 105.6.10, 105.6.14, 105.6.26, 105.6.29, 105.6.32, 105.6.40, 105.6.47, and 105.6.51 15.65.090 Section 105.7.1 Automatic fire -extinguishing systems - amended 15.65.100 Section 105.7.7 Fire alarm and detection systems and related equipment — amended 15.65.1 10 Section 109.3 Qualifications -amended 15.65.120 Section 110.3.3 Prosecution of violations - amended 15.65.125 Administrative hearings - added 15.65.130 Section 110.4 Violation penalties - amended 15.65.140 Section 112.4 Failure to comply - amended 15.65.150 Section 114, 1 14.1, 1 14.2, 1 14.3, 114.4 Pipeline setbacks - added 15.65.160 Section 115, 115.1 Fire Area - Local amendments — added 15.65.170 Appendix D, Section D103.2 Grade — amended 15.65.180 Appendix D, Section D103.3 Turning radius — amended 15.65.190 Appendix D, Section D103.5 Fire apparatus access road gates - amended 3. Geographic limits on flammable storage 15.65.195 Geographic limits - added Page 3 of 22 Pages 11/06/19 CC AGENDA PACKET PG 137 15.65.200 Section 5806.2 - amended 15.65.210 Section 5704.2.9.6.1 -amended 15.65.220 Section 5706.2.4.4 - amended 15.65.230 Section 6104.2 - amended * Prior history: Prior code sections 14.01.010, 14.01.015, 14.08.010, 14.08.020, 14.08.040, 14.08.050, 14.12.010, 14.12.020, 14.12.030, 14.12.040, 14.16.020, 14.16.030, 14.20.010, 14.20.020. Ordinances 2610, 2758, 2769, 2786, 2909, 3048, 3232, 3319, 3696, 4107, 4195, 4474, 4636, 4656, 4739, 4877. 1. Adoption. 15.65.010 Adoption of the California Fire Code, 2019 Edition Except as hereinafter modified, that certain document, three copies of which are on file in the office of the City Clerk and Ex Officio of the Council of the City of Bakersfield being marked and designated as the California Fire Code, 2019 edition, including Appendix Chapter 4, and Appendices B, BB, C, CC, D, E, F, G, H, I, J, K, L and O as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Bakersfield, in the State of California, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the City Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance. 2. Deletions, Additions and Modifications. 15.65.020 Section 101.1 Title - Amended. 101.1 Title. These regulations shall be known as the Fire Code of the City of Bakersfield, herein after referred to as the "Fire Code" or "this code." 15.65.030 Section 102.2.1 Operational authority—Added. Section 102.2.1 Operational Authority, is added to read as follows: 102.2.1 Operational Authority. The Fire Code shall be enforced by the fire agency with jurisdictional responsibility for the area as defined in the current memorandum of understanding between the City of Bakersfield and the County of Kern. Such enforcement shall be under the supervision of the chief of the fire department within such jurisdictional responsibility who shall detail or direct Page 4 of 22 Pages 11/06/19 CC AGENDA PACKET PG 138 members of that agency's fire department in the enforcement of the Fire Code. 15.65.040 Section 103 Prevention Services Division—Amended. Section 103 of the CFC, Department of Fire Prevention, is amended to read as follows: Section 103 Prevention Services Division. 15.65.045 Section 103.1 General—Amended. Section 103.1 of the CFC, General, is amended to read as follows: 103.1 General. The prevention services division is established within the jurisdiction under the direction of the fire code official. The function of the division shall be the implementation, administration and enforcement of the provisions of the Fire Code as well as the provisions of the California Health and Safety Code and California Code of Regulations related to the Certified Unified Program Agency (CUPA). 15.65.050 Section 104.10 Fire Investigations—Amended. Section 104.10 of the CFC, Fire Investigations, is amended to read as follows: 104.10 Fire Investigations. The arson investigation division shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition. Information that could be related to trade secrets or processes shall not be made part of the public record except as directed by a court of law. 15.65.060 Section 104.12 Fire Zones—Added. Section 104.12 of the CFC, Fire Zones, is added to read as follows: 104.12 Fire Zones. Areas of the City of Bakersfield which represent residential and commercial designations, according to the City of Bakersfield planning department zoning map, will be limited in the storage of flammable and combustible liquids as well as explosive and blasting agents. As follows: A. Dispensing of fuel from an approved above ground storage tank shall be limited to two thousand gallons. B. All storage of blasting agents is prohibited in these areas. 15.65.070 Section 104.13 Firearms—Added. Section 104.13 of the CFC, Firearms, is added to read as follows: Page 5 of 22 Pages 11/06/19 CC AGENDA PACKET PG 139 104.13 Firearms. Members of the fire department assigned to the arson investigation division and the deputy fire chief assigned as fire marshal are authorized to carry a loaded firearm on their person when acting as peace officers as defined in Section 830.37 of the California Penal Code, upon the written approval of the fire chief. 15.65.080 Section 105.6 Required Operational Permits—Amended—Portions deleted. Section 105.6 of the CFC, Required Operational Permits, is amended to read as follows: 105.6 Required Operational Permits. The CFC official is authorized to issue operational permits for the operations set forth in Sections 105.6.1 through 105.6.51. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.1 Aerosol products. Section 105.6.2 of the CFC, Amusement buildings, is amended to read as follows: 105.6.2 Amusement buildings. An operational permit is required to operate a special amusement building. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.3 Aviation facilities. Section 105.6.4 of the CFC, Carnivals and fairs, is amended to read as follows: 105.6.4 Carnivals and fairs. An operational permit is required to conduct a carnival or fair. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.5 Cellulose nitrate film. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.6 Combustible dust -producing operations. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.7 Combustible fibers. Section 105.6.8 of the CFC, Compressed Gases, is amended to read as follows: 105.6.8 Compressed Gases. An operational permit is required for the storage, use Page 6 of 22 Pages 11/06/19 CC AGENDA PACKET PG 140 or handling at normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed in Table 105.6.8. Exception: Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle. TABLE 105.6.8 PERMIT AMOUNTS FOR COMPRESSED GASES For SI: One cubic foot = 0.02832 m3. Section 105.6.9 of the CFC, Covered and open mall buildings, is amended to read as follows: 105.6.9 Covered and open mall buildings. An operational permit is required for: 1. The placement of retail fixtures and displays, concession equipment, displays of highly combustible goods and similar items in the mall. 2. The display of liquid- or gas-fired equipment in the mall. 3. The use of open -flame or flame -producing equipment in the mall. Section 105.6.1 1 of the CFC, Cryogenic Fluids, is amended to read as follows: 105.6.10 Cryogenic Fluids. An operational permit is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.10 or Chapter 6.95 of the California Health and Safety Code at Normal Temperature and Pressure (NTP). Exception: Permits are not required for vehicles equipped for and using cryogenic Page 7 of 22 Pages 11/06/19 CC AGENDA PACKET PG 141 AMOUNT TYPE OF GAS (cubic feet at NTP) Corrosive 200 Flammable (except 200 cryogenic fluids and liquefied petroleum gases) Highly toxic Any Amount Inert and simple 1,000 asphyxiant Oxidizing (including 200 oxygen) Pyrophoric Any Amount Toxic Any Amount For SI: One cubic foot = 0.02832 m3. Section 105.6.9 of the CFC, Covered and open mall buildings, is amended to read as follows: 105.6.9 Covered and open mall buildings. An operational permit is required for: 1. The placement of retail fixtures and displays, concession equipment, displays of highly combustible goods and similar items in the mall. 2. The display of liquid- or gas-fired equipment in the mall. 3. The use of open -flame or flame -producing equipment in the mall. Section 105.6.1 1 of the CFC, Cryogenic Fluids, is amended to read as follows: 105.6.10 Cryogenic Fluids. An operational permit is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.10 or Chapter 6.95 of the California Health and Safety Code at Normal Temperature and Pressure (NTP). Exception: Permits are not required for vehicles equipped for and using cryogenic Page 7 of 22 Pages 11/06/19 CC AGENDA PACKET PG 141 fluids as a fuel for propelling the vehicle or for refrigerating the lading. TABLE 105.6.10 PERMIT AMOUNTS FOR CRYOGENIC FLUIDS TYPE OF INSIDE OUTSIDE CRYOGENIC BUILDING BUILDING FLUID (gallons) (gallons) Flammable More 60 than 1 Inert 60 500 Oxidizing 10 50 (includes oxygen) Physical or Any Any health Amount Amount hazard not indicated above For SI: One gallon = 3.785 L The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.11 Cutting and welding. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.12 Dry cleaning plants. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.13 Exhibits and trade shows. Sections 105.6.14 of the CFC, Explosives, is amended to read as follows: 105.6.14 Explosives. An operational permit is required for the manufacture, storage, handling, sale or use of any quantity of explosives, explosive materials, fireworks or pyrotechnic special effects within the scope of Chapter 56. Exception: Storage in Group R-3 occupancies of smokeless propellant, black powder and small arms primers for personal use, not for resale and in accordance with Section 5606. Section 105.6.14.1 of the CFC, Fireworks, is added to read as follows: 105.6.14.1 Fireworks. An operational permit is required for the sale and use of safe and sane fireworks pursuant to Chapter 8.44 of the Bakersfield Municipal Code. The following section of the CFC is not adopted as part of this chapter and is Page 8 of 22 Pages 11/06/19 CC AGENDA PACKET PG 142 deleted: 105.6.15 Fire hydrants and valves. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.16 Flammable and combustible liquids. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.17 Floor finishing. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.18 Fruit and crop ripening. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.19 Fumigation and insecticidal fogging. Section 105.6.20 of the CFC is amended to read as follows: 105.6.20 Hazardous materials. An operational permit is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed in Table 105.6.20 of this code, or pursuant to Chapter 6.11 of the California Health and Safety Code, or for any amount of hazardous waste. TABLE 105.6.20 PERMIT AMOUNTS FOR HAZARDOUS MATERIALS TYPE OF MATERIAL AMOUNT Combustible liquids See Section 105.6.16 Corrosive materials Gases See Section 105.6.8 Liquids 55 gallons Solids 500 pounds Explosive materials See Section 105.6.14 Flammable materials Gases See Section 105.6.8 Liquids See Section 105.6.16 Solids 100 pounds Highly toxic materials Gases See Section 105.6.8 Liquids Any Amount Page 9 of 22 Pages 11/06/19 CC AGENDA PACKET PG 143 TYPE OF MATERIAL AMOUNT Solids Any Amount Oxidizing materials Gases See Section 105.6.8 Liquids Class 4 Any Amount Class 3 1 gallona Class 2 10 gallons Class 1 55 gallons Solids Class 4 Any Amount Class 3 10 poundsb Class 2 100 pounds Class 1 500 pounds Organic peroxides Liquids Class I Any Amount Class 11 Any Amount Class 111 1 gallon Class IV 2 gallons Class V No Permit Required Solids Class I Any Amount Class 11 Any Amount Class 111 10 pounds Class IV 20 pounds Class V No Permit Required Pyrophoric materials Gases Any Amount Liquids Any Amount Solids Any Amount Toxic materials Gases See Section 105.6.8 Liquids 10 gallons Solids 100 pounds Unstable (reactive) materials Liquids Class 4 Any Amount Class 3 Any Amount Page 10 of 22 Pages 11/06/19 CC AGENDA PACKET PG 144 TYPE OF MATERIAL AMOUNT Class 2 5 gallons Class 1 10 gallons Solids Class 4 Any Amount Class 3 Any Amount Class 2 50 pounds Class 1 100 pounds Water -reactive materials Liquids Class 3 Any Amount Class 2 5 gallons Class 1 55 gallons Solids Class 3 Any Amount Class 2 50 pounds Class 1 500 pounds For SI: One gallon = 3.785 L, One pound = 0.454 kg. a. Twenty gallons when Table 5003.1.1 (1) Note k applies and hazard identification signs in accordance with Section 5003.5 are provided for quantities of twenty gallons or less. b. Two hundred pounds when Table 5003.1.1 (1) Note k applies and hazard identification signs in accordance with Section 5003.5 are provided for quantities of two hundred pounds or less. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.21 HPM facilities. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.22 High piled storage. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.23 Hot work operations. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.24 Industrial ovens. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.25 Lumberyards and woodworking plants. Section 105.6.26 of the CFC, Liquid- or gas -fueled vehicles or equipment in assembly buildings, is amended to read as follows: Page 11 of 22 Pages 11/06/19 CC AGENDA PACKET PG 145 105.6.26 Liquid- or gas -fueled vehicles or equipment in assembly buildings. An operational permit is required to display, operate or demonstrate liquid- or gas - fueled vehicles or equipment in assembly buildings. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.27 LP gas. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.28 Magnesium. Section 105.6.29 of the CFC, Miscellaneous combustible storage, is amended to read as follows: 105.6.29 Miscellaneous combustible storage. An operational permit is required to store in any building or upon any premises in excess of two thousand five hundred (2,500) cubic feet (71 m3) gross volume of combustible empty packing cases, boxes, barrels or similar containers, rubber tires, rubber, cork or similar combustible material. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.30 Mobile food preparation vehicles. Section 105.6.30.1 of the CFC, Oil wells, is added to read as follows: 105.6.30.1 Oil wells. An operational permit is required to own, operate, maintain or drill an oil or natural gas well. The application for a permit to drill a well shall be accompanied by a plot plan drawn to scale or with dimensions showing all buildings and improvements within a radius of three hundred feet of the exact location of the proposed wellhead. The permit for any new well shall be issued only after it has been determined by field inspectors or by other means that such location for a well complies with the provisions of this code. Such determinations shall be made within a period of five days. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.31 Motor fuel -dispensing facilities. Section 105.6.32 of the CFC, Open burning, is amended to read as follows: 105.6.32 Open burning. An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be adhered to. Exception: Recreational fires. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.33 Open flames and torches. Page 12 of 22 Pages 11/06/19 CC AGENDA PACKET PG 146 The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.34 Open flames and candles. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.35 Organic coatings. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.36 Outdoor assembly event. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.37 Places of assembly. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.38 Plant extraction systems. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.39 Private fire hydrants. Section 105.6.40 of the CFC, Pyrotechnic special effects materials, is amended to read as follows: 105.6.40 Pyrotechnic special effects material. An operational permit is required for use and handling of pyrotechnic special effects material. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.41 Pyroxylin plastics. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.42 Refrigeration equipment. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.43 Repair garages and motor fuel dispensing facilities. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.44 Rooftop heliports. Section 105.6.45 of the CFC, Spraying or dipping, is amended to read as follows: 105.6.45 Spraying or dipping. An operational permit is required to conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of combustible powders regulated by Chapter 24. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.46 Storage of scrap tires and tire byproducts. Page 13 of 22 Pages 11/06/19 CC AGENDA PACKET PG 147 Section 105.6.47 of the CFC, Temporary membrane structures, tents and canopies, is amended to read as follows: 105.6.47 Temporary membrane structures, tents and canopies. An operational permit is required to operate an air -supported temporary membrane structure or a tent having an area in excess of two hundred square feet (19 m2), or a canopy in excess of four hundred square feet (37 m2). Exceptions: 1. Tents used exclusively for recreational camping purposes. 2. Fabric canopies open on all sides which comply with all of the following: 2.1. Individual canopies having a maximum size of seven hundred square feet (65 m2). 2.2. The aggregate area of multiple canopies placed side by side without a fire break clearance of not less than twelve feet (3,658 mm) shall not exceed seven hundred square feet (65 m2) total. 2.3. A minimum clearance of twelve feet (3,658 mm) to structures and other tents shall be provided. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.48 Tire rebuilding plants. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.49 Waste handling. The following section of the CFC is not adopted as part of this chapter and is deleted: 105.6.50 Wood products. Section 105.6.51 of the CFC, Additional permits, is amended to read as follows: 105.6.51 Additional permits. In addition to the permits required by Section 105.6, the following permits shall be obtained from the prevention services division prior to engaging in the following activities, operations, practices or functions: 1. Production Facilities. To change use or occupancy, or allow the attendance of a live audience, or for wrap parties. 2. Pyrotechnics and Special Effects. To use pyrotechnic special effects, open flame, use of flammable or combustible liquids and gases, welding, and the parking of motor vehicles in any building or location used for the purpose of motion picture, television and commercial production. 3. Live Audiences. To install seating arrangements for live audiences in approved production facilities, production studios and sound stages. See Chapter 48. 15.65.090 Section 105.7.1 Automatic Fire -extinguishing Systems—Amended. Page 14 of 22 Pages 11/06/19 CC AGENDA PACKET PG 148 Section 105.7.1 of the CFC, Automatic Fire -extinguishing Systems, is amended to read as follows: 105.7.1 Automatic fire -extinguishing systems. A construction permit is required for installation of or modification to an automatic fire -extinguishing system. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. In buildings where a fully automatic sprinkler protection system exists, and where said buildings undergo remodeling and/or alterations or additions, the automatic sprinkler system shall be kept in good operable condition and be extended to include additions, area separation walls notwithstanding. In buildings where an automatic sprinkler system does not exist, and the floor area is increased twenty-five percent or more, throughout the life of the building, and the area exceeds ten thousand square feet, before or after the addition, an automatic sprinkler system shall be installed throughout the total building. 15.65.100 Section 105.7.7 Fire Alarm and Detection Systems and Related Equipment—Amended. Section 105.7.7 of the CFC, Fire Alarm and Detection Systems and Related Equipment, is amended to read as follows: 105.7.7 Fire Alarm and Detection Systems and Related Equipment. A construction permit is required for installation of or modification to fire alarm and detection systems and related equipment. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. The fire code official shall require an approved fire alarm and detection system be installed in any occupancy with an occupant load of three hundred or more as an "other requirement" pursuant to Section 907.2 of this code. 15.65.110 Section 109.3 Qualifications—Amended. Section 109.3 of the CFC, Qualifications, is amended to read as follows: 109.3 Qualifications. The board of building and housing appeals for the City shall be designated as the board of appeals referred to in this code. 15.65.120 Section 110.3.3 Prosecution of violations—Amended. Section 110.3.3 of the CFC, Prosecution of violations, is amended to read as follows: 110.3.3 Prosecution of violations. When the chief finds any buildings, premises, vehicle, storage facility or outdoor area that is in violation of this code, the chief is authorized to issue administrative compliance orders requiring that the violation Page 15 of 22 Pages 11/06/19 CC AGENDA PACKET PG 149 be corrected and imposing an administrative penalty, in accordance with the following: 1. In establishing a penalty amount and ordering that the violation be corrected pursuant to this section the chief shall take into consideration the nature, circumstances, extent, and gravity of the violation, the violator's past and present efforts to prevent, abate, or clean up conditions posing a threat to the public health or fire safety or the environment, the violator's ability to pay the penalty, and the deterrent effect that the imposition of the penalty would have on both the violator and the regulated community. 2. All administrative penalties collected from actions brought by the chief pursuant to this section shall be deposited into a special account that shall be expended to fund the activities of the prevention services division in enforcing this code. 3. The chief shall consult with the district attorney, county counsel, or city attorney on the development of policies to be followed in exercising the authority delegated pursuant to this section as it relates to the authority of the chief to issue orders. Exception: This section does not do any of the following: 1. Otherwise affect the authority of the chief to take any other action authorized by any other provision of law, except the chief shall not require a person to pay a penalty pursuant to this section and pursuant to a local ordinance for the same violation. 2. Restrict the power of a city attorney, district attorney, county counsel, or the Attorney General to bring, in the name of the people of California, any criminal proceeding otherwise authorized by law. 3. Prevent the chief from cooperating with or participating in a proceeding specified in paragraph (2). 15.65.125 Administrative hearings—Added. Section 110.3.3.1 of the CFC, Administrative Hearings, is added to read as follows: 15.65.125 Administrative hearings. Any person served with an order pursuant to Section 110.3.3 who has been unable to resolve any violation with the prevention services division, may within fifteen days after service of the order, request a hearing pursuant to this section by filing with the chief a notice of defense. The notice shall be filed with the prevention services office that issued the order. A notice of defense shall be deemed filed within the fifteen -day period provided by this section if it is postmarked within that fifteen -day period. If no notice of defense is filed within the time limits provided by this subdivision, the order shall become final. The hearing decision issued pursuant to this section shall be effective and final upon issuance by the chief. A copy of the decision shall be served by personal Page 16 of 22 Pages 11/06/19 CC AGENDA PACKET PG 150 service or by certified mail upon the party served with the order, or their representative, if any. Any provision of an order issued under this section, except the imposition of an administrative penalty, shall take effect upon issuance by the chief if the chief finds that the violation or violations of law associated with that provision may pose an imminent and substantial endangerment to the public health or safety or the environment. A request for a hearing shall not stay the effect of that provision of the order pending a hearing decision. However, if the chief determines that any or all provisions of the order are so related that the public health or safety or the environment can be protected only by immediate compliance with the order as a whole, the order as a whole, except the imposition of an administrative penalty, shall take effect upon issuance by the chief. A request for a hearing shall not stay the effect of the order as a whole pending a hearing decision. A decision issued pursuant to this section may be reviewed by a court pursuant to Section 11523 of the Government Code. In all proceedings pursuant to this section, the court shall uphold the decision of the chief if the decision is based upon substantial evidence in the record as a whole. The filing of a petition for writ of mandate shall not stay any action required pursuant to Section 110.3.2 or the accrual of any penalties assessed. This subdivision does not prohibit the court from granting any appropriate relief within its jurisdiction. 15.65.130 Section 110.4 Violation penalties—Amended. Section 110.4 of the CFC, Violation penalties, is amended to read as follows: 110.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars or by imprisonment not exceeding six months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 15.65.140 Section 112.4 Failure to comply—Amended. Section 112.4 of the CFC, Failure to comply, is amended to read as follows: 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than one hundred fifty dollars or more than one thousand five hundred dollars. Page 17 of 22 Pages 11/06/19 CC AGENDA PACKET PG 151 15.65.150 Section 114 Pipeline setbacks—Added. Section 114 of the CFC, Pipeline Setbacks, is added to read as follows: 114 Pipeline setbacks. 114.1 Pipeline setbacks. For purposes of this section "high pressure transmission line" is a natural gas pipeline operating at two hundred and fifty pounds per square inch or greater. A gas main or transmission line is a natural gas pipeline operating at sixty pounds per square inch or less. 114.2 No habitable portion of a structure may be built within fifty feet of a high pressure transmission line with thirty-six inches of cover. 114.3 No structure may be built within forty feet of a hazardous liquid pipeline bearing refined product, with forty-eight inches or more of cover. 114.4 No habitable portion of a structure may be built within thirty feet of a crude oil pipeline operating at twenty percent or greater of its design strength. 15.65.160 Section 115 —Added. Section 115 of the CFC, Local amendments to this Code, is added to read as follows: 115 Local amendments to this Code. 115.1 Fire Area. For the purpose of this code, where the condition of "The fire area exceeds twelve thousand square feet (1 1 15 m2)" appears within Section 903.2 et seq., of this code, it shall be amended to read "The fire area exceeds ten thousand square feet (892 m2) including, but not limited to B occupancies. Exception: Group R Occupancies. 15.65.170 Appendix D, Section D 103.2 Grade—Amended. Section D103.2 of the CFC, Grade, is amended to read as follows: D103.2 Grade. Fire apparatus roads shall not exceed seven percent in grade. Exception: Grades steeper than seven percent as approved by the chief. 15.65.180 Appendix D, Section D103.3 Turning radius—Amended. Section D103.3 of the CFC, Turning radius, is amended to read as follows: Page 18 of 22 Pages 11/06/19 CC AGENDA PACKET PG 152 D103.3 Turning radius. The minimum turning radius shall be thirty-seven feet. 15.65.190 Appendix D, Section D103.5 Fire Apparatus Access Road Gates— Amended. Section D103.5 of the CFC, Fire Apparatus Access Road Gates, is amended to read as follows: D103.5 Fire Apparatus Access Road Gates. Gates securing the fire apparatus roads shall comply with all of the following criteria: 1. The minimum gate width shall be twenty feet (6,096 mm) and a minimum vertical clearance of thirteen feet six inches is required when the gate is at full open position. Where there is more than one gate and two or more fire apparatus access roads separated by islands, a minimum horizontal clearance of fifteen feet for each gate and a minimum vertical clearance of thirteen feet six inches is required when gates are at full open position. Horizontal distance shall be measured perpendicular to the direction of travel on the driveway. Vertical distance shall be measured from the highest elevation of the driveway to the lowest overhead obstruction. 2. Gates shall be of the swinging or sliding type. 3. Construction of gates shall be of materials that allow manual operation by one person. 4. Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. All new construction of access gates shall be equipped with an automatic opening device which is activated through the wireless activation system utilized on City of Bakersfield owned vehicles for traffic preemption. Installation and maintenance of the wireless activation system on access gate(s) shall be completed by the gate owner. The gate opening device shall have a disconnect feature for manual operation of the gate when the power fails. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the key(s) to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval by the fire code official. 8. A minimum fire apparatus access road length to the gate from the flow line of the public street shall be fifty feet for developments of twenty units or less. For each increment of twenty units thereafter, an additional twenty feet of storage length for waiting vehicles shall be added to the fire apparatus access road length. 9. Fire apparatus access road requirements and specifications shall be as set Page 19 of 22 Pages 11/06/19 CC AGENDA PACKET PG 153 forth in Section 503 of this code. III. Geographic Limits on Flammable Storage 15.65.195 Geographic limits - Added The geographic limits referred to in certain sections of the 2019 CFC are established by the following sections. 15.65.200 Section 5806.2 - Amended Section 5806.2 of the CFC, Geographical Limits on Flammable Cryogenic Fluids Storage, is amended to read as follows: Section 5806.2 (Geographic limits in which the storage of flammable cryogenic fluids in stationary containers is prohibited): areas of the City of Bakersfield which represent residential and commercial designations according to the City of Bakersfield planning department zoning map. Section 5704.2.9.6.1 of the CFC, Geographic limits in which the storage of Class I and Class 11 liquids in above -ground tanks outside of buildings is prohibited, is amended to read as follows: 15.65.210 Section 5704.2.9.6.1 - Amended Section 5704.2.9.6.1 (Geographic limits in which the storage of Class I and Class II liquids in above -ground tanks outside of buildings is prohibited): areas of the City of Bakersfield which represent residential and commercial designations according to the City of Bakersfield planning department zoning map will be limited in the storage of flammable and combustible liquids as follows: A. Dispensing of fuel from an approved above ground storage tank shall be limited to two thousand (2,000) gallons tank capacity. Section 5706.2.4.4 of the CFC, Geographic limits in which the storage of Class I and Class II liquids in above -ground tanks is prohibited, is amended to read as follows: 15.65.220 Section 5706.2.4.4 - Amended Section 5706.2.4.4 (Geographic limits in which the storage of Class I and Class II liquids in above -ground tanks is prohibited): areas of the City of Bakersfield which represent residential and commercial designations according to the City of Bakersfield planning department zoning map will be limited in the storage of flammable and combustible liquids as follows: Page 20 of 22 Pages 11/06/19 CC AGENDA PACKET PG 154 A. Dispensing of fuel from an approved above ground storage tank shall be limited to two thousand (2,000) gallons tank capacity. Section 61.04.2 of the CFC, Geographic limits in which the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas, is amended to read as follows: 15.65.230 Section 6104.2- Amended Section 6104.2 (Geographic limits in which the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas): areas of the City of Bakersfield which represent residential and commercial designations according to the City of Bakersfield planning department zoning map will be limited in the storage of liquefied petroleum gases. SECTION 2. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Council of the City of Bakersfield hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3. 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. HEREBY CERTIFY that the foregoing Ordinance was passed and adopted Page 21 of 22 Pages 11/06/19 CC AGENDA PACKET PG 155 by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: NOES: ABSTAIN ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER JULIE DRIMAKIS, CMC CITY CLERK and EX OFFICIO Clerk of the Council of the City of Bakersfield APPROVED: By: KAREN K. GOH, Mayor CITY OF BAKERSFIELD APPROVED AS TO CONTENT: FIRE DEPARTMENT ANTHONY GALAGAZA Fire Chief APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JOSHUA RUDNICK Deputy City Attorney JR:pd/hw S:\COUNCIL\Ords\19-20\15.65-2019 Fire Code Amdmt Fnl.Docx Page 22 of 22 Pages 11/06/19 CC AGENDA PACKET PG 156 t✓ BAKERSFIELD THE SOUND OF c5 W&4*W fVRW ADMINISTRATIVE REPORT MEETING DATE: 11/6/2019 Consent — Resolutions d. TO: Honorable Mayor and City Council FROM: Phil Burns, Interim Development Services Director DAT E: 10/18/2019 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 the demolishment of dangerous buildings 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 October 14, 2019, by the City Manager designee and all proposed charges were confirmed. The subject properties listed in Exhibit A and Exhibit B (attached) were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter and/or were determined to be in violation of Chapter 15.24 of the Bakersfield Municipal Code which prohibits maintaining dangerous buildings. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed in Exhibit and Exhibit B. The owners of the listed 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 in Exhibit A and Exhibit B 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 properties. 11/06/19 CC AGENDA PACKET PG 157 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 D Resolution D Declaration D ExhibitA D Exhibit B Type Resolution Exhibit Exhibit Exhibit 11/06/19 CC AGENDA PACKET PG 158 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD CONFIRMING THE APPROVAL BY THE CITY MANAGER DESIGNEE OF THE REPORT OF THE CHIEF CODE ENFORCEMENT OFFICER REGARDING ASSESSMENTS OF CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD FOR WHICH STRUCTURES HAVE BEEN SECURED AGAINST ENTRY OR FOR THE ABATEMENT OF CERTAIN WEEDS, DEBRIS AND WASTE MATTER AND THE DEMOLISHMENT OF DANGEROUS BUILDINGS AND AUTHORIZING COLLECTION OF THE ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR. WHEREAS, the properties in the City of Bakersfield described by assessor parcel number and street address in Exhibit "A" and Exhibit "B" were determined to be in violation of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter; and WHEREAS, notices and orders of the City of Bakersfield Building Department, as provided in Chapter 8.80 of the Bakersfield Municipal Code, were provided to the record owners of the aforementioned properties; and WHEREAS, this assessment proceeding was duly noticed and a public hearing held on October 14, 2019, in City Hall North Conference Room B of the City of Bakersfield by the City Manager designee; and WHEREAS, the City Manager designee has reviewed materials concerning the properties, the abatements and the assessments and has approved the assessments of the parcels; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield: 1. That the Chief Code Enforcement Officer caused work to be performed by contractors for removal of public nuisances and submitted and filed with the City Clerk a Report and Assessment List which describes the costs incurred by the City to abate such public nuisances and which is attached hereto as Exhibit "A" and Exhibit "B", and made a part hereof by this reference. 2. The costs incurred and described in the Report and Assessment list, attached hereto as Exhibit "A" and Exhibit "B" are hereby confirmed. 3. The cost of the abatement on the properties as described in Exhibit "A" and Exhibit "B" are hereby made a lien and special assessment against said properties and the Chief Code Enforcement Officer is directed to notify the property owner of and record the lien created herein as required under Government Code Section 38773.1(b) -(c). 4. The assessments enumerated herein are not subject to Proposition 218. 5. That the City Attorney is hereby authorized to commence any action necessary for collecting the sum due including foreclosure on the lien established herein as provided for in Government Code Section 38773.1 (c). 6. That the property owners named in said Exhibit "A" and Exhibit "B" may pay, or cause to be paid, the charges stated therein at the office of the Treasury Department, 1600 Truxtun Avenue, Bakersfield, California, at any time prior to the time the 11/06/19 CC AGENDA PACKET PG 159 lien imposed under Government Code Section 38773.1 and Bakersfield Municipal Code Section 8.80.190 is foreclosed or placed on the property tax rolls for collection as described in paragraph 7 below. 7. At the discretion of the City Attorney, and in the event such charges assessed and confirmed against the property as listed in Exhibit "A" and Exhibit "B" are not paid in full prior to collection or foreclosure, such special assessment or balance due remaining thereof, may be entered and extended on the property tax roll, and pursuant to law, the County tax collector shall include such amounts on the tax bill applicable to the property for collection therein. ----------000---------- HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER APPROVED KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney BY: VIRIDIANA GALLARDO-KING Deputy City Attorney JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 2 11/06/19 CC AGENDA PACKET PG 160 EXHIBIT "A" REPORT AND ASSESSMENT LIST AND DECLARATION OF DAVID PAQUETTE IN SUPPORT THEREOF In the matter of the properties listed in the attached Exhibit "A" and Exhibit "B": I, David Paquette, declare: 1. I am the duly appointed Code Enforcement Supervisor of the City of Bakersfield, California. I am making this declaration pursuant to Chapter 8.80 of the Bakersfield Municipal Code. 2. As provided by Chapter 8.80 of the Bakersfield Municipal Code and pursuant to an order of the Building Director, the Code Enforcement Division removed the public nuisances on the properties listed in Exhibit "A" and Exhibit "B" which are attached hereto and made a part hereof by this reference in August and September 2019. The costs incurred by the City to remove the public nuisances for each respective property set forth herein are also stated in the attached Exhibit "A" and Exhibit "B". 3. Records of the Bakersfield Building Department reflect that on September 20, 2019 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 18th day of October 2019, at Bakersfield, California. David Paquette Code Enforcement Supervisor 11/06/19 CC AGENDA PACKET PG 161 EXHIBIT "A" REPORT AND ASSESSMENT LIST FOR WHICH DANGEROUS BUILDINGS HAVE BEEN DEMOLISHED APN PROPERTY ADDRESS PROPERTY OWNER COST TO DO WORK ADMIN COST TOTAL COST WARD 1. 018-400-06-00-3 122 Dr Martin Luther Pauline Davenport $4,100 $1,611 $5,711 1 King Jr Boulevard 122 Dr Martin Luther King Jr Blvd 19-1011 Bakersfield, CA 93307 2. 139-322-14-00-9 210 Wood Street Olivia Behill $3,600 $1,611 $5,211 1 8604 Bridlewood Lane 19-827 Bakersfield, CA 93311 11/06/19 CC AGENDA PACKET PG 162 EXHIBIT "B" REPORT AND ASSESSMENT LIST FOR STRUCTURES THAT HAVE BEEN SECURED AGAINST ENTRY OR DECLARED SUBSTANDARD OR FOR ABATEMENT OF CERTAIN WEEDS, DEBRIS AND WASTE MATTER APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL WARD DO WORK COST COST 1. 019-192-06-00-4 229 S Brown Street Ramon Hendrix $500 $469 $969 1 13310 Michaelangelo Drive 19-5112 Bakersfield, CA 93314 2. 022-302-31-00-1 3217 Dore Drive Lee Huggins $485 $891 $1,376 1 5405 Warwick Place 19-3776 Bakersfield, CA 93309 3. 172-121-12-00-1 3413 Elda Avenue VA Smart LLC $240 $891 $1,131 1 1612 Brundage Lane 19-4290 Bakersfield, CA 93304 4. 018-180-14-00-3 29 Kincaid Street Mae Frances Booker $0 $422 $422 1 29 Kincaid Street 19-3637 Bakersfield, CA 93307 5. 018-160-13-00-4 97 S King Street Estella Louis $0 $149 $149 1 97 S King Street 19-4503 Bakersfield, CA 93307 6. 009-232-10-00-3 817 L Street KAA Prop LP $0 $422 $422 1 4900 Santa Anita Av #2C 19-3243 EI Monte, CA 91731 7. 172-134-16-00-7 3604 Meeks Avenue Douglas Wadley Rev Trust $200 $891 $1,091 1 2858 Conifer Drive 19-3584 Fairfield, CA 94533 8. 009-350-09-00-2 730 N Street Epp Family Bypass Trust $0 $422 $422 1 419 Houchin Road 19-3117 Bakersfield, CA 93304 9. 011-082-09-00-5 1 106 Priscilla Lane Ali Forouzanfar & $0 $149 $149 1 Mary Jafari 11709 Marazion Hill Court 19-4163 Bakersfield, CA 93311 10. 011-230-01-00-0 521 Terrace Way Jesus Cardenas $499 $891 $1,390 1 521 Terrace Way 19-3947 Bakersfield, CA 93304 11. 018-360-37-00-2 301 Tyree Toliver Karen Andrea Ledesma $0 $149 $149 1 Street PO Box 10535 19-4240 Bakersfield, CA 93389 12. 018-300-11-00-8 302 Tyree Toliver Shaik Saheb MD Inc Pension $0 $422 $422 1 Street 22525 Laquilla Drive 19-3363 Chatsworth, CA 91311 13. 012-200-01-00-8 243 Bernard Street Davis Family Partnership $200 $469 $669 2 405 S Chester Avenue 19-5127 Bakersfield, CA 93304 14. 020-263-04-00-5 10 Dunlap Street Robert Broun $0 $420 $420 2 10 Dunlap Street 19-2505 Bakersfield, CA 93309 15. 013-080-04-00-0 725 Jefferson Street Virginia Long $1,080 $891 $1,971 2 725 Jefferson Street 19-3664 Bakersfield, CA 93305 16. 015-310-13-00-6 1426 Lake Street Raffy Ardhaldjian $0 $420 $420 2 11755 Laurelwood Drive 19-1616 Studio City, CA 91604 17. 015-380-18-00-2 1019 Owens Street Ella Mae Ehler $466 $852 $1,318 2 1019 Owens Street 19-21 1 1 Bakersfield, CA 93305 11/06/19 CC AGENDA PACKET PG 163 Page 2 of 2 APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL WARD DO WORK COST COST 18. 003-342-02-00-0 2205 201h Street Harolyn Johnson $1,330 $469 $1,799 2 PO Box 9724 19-5137 Bakersfield, CA 93389 19. 002-092-10-00-4 508 28th Street Group IV Pomona Prop Ltd $0 $420 $420 2 4900 Santa Anita Avenue 18-5500 EI Monte, CA 91731 20. 002-081-05-00-0 705 31S1 Street Luis Ramirez $866 $1,611 $2,477 2 705 31St Street 19-2879 Bakersfield, CA 93307 21. 002-032-11-00-9 830 33rd Street Golden Opportunity Invs LP $0 $149 $149 2 4900 Santa Anita Av Ste 2C 19-3758 EI Monte, CA 91731 22. 526-452-10-00-7 9902 Turfway Park Cheryl Ruiz $0 $145 $145 4 Court 9902 Turfway Park Court 19-2762 Bakersfield, CA 93312 23. 380-231-09-00-2 7616 Eastlorne Court Bryan Swidecki $0 $145 $145 5 7616 Eastlorne Court 19-2080 Bakersfield, CA 93309 24. 499-131-11-00-3 5624 Barbados James Vickers & $0 $420 $420 6 Avenue Diana Vickers 5624 Barbados Avenue 19-1932 Bakersfield, CA 93313 25. 355-171-27-00-3 2109 Glendon Court Charles Lum $235 $891 $1,126 6 2109 Glendon Court 19-3192 Bakersfield, CA 93309 26. 412-243-12-00-9 1408 Canyon Court Victor Hernandez & $0 $145 $145 7 Rosaura Hernandez 1408 Canyon Court 19-2218 Bakersfield, CA 93307 27. 515-732-01-00-2 2718 Crescent Ridge Milagros Q Albano $0 $420 $420 7 Street 2718 Crescent Ridge Street 19-523 Bakersfield, CA 93313 28. 372-292-10-00-0 1809 William F Halsey Herlinda Bravo Perez $100 $891 $991 7 Avenue 1809 William F Halsey Avenue 19-3859 Bakersfield, CA 93304 11/06/19 CC AGENDA PACKET PG 164 t✓ BAKERSFIELD THE SOUND OF c5 W&4*W fVeW ADMINISTRATIVE REPORT MEETING DATE: 11/6/2019 Consent — Resolutions e. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DAT E: 10/18/2019 WARD: SUBJECT: Resolution determining that a Caterpillar tractor can most efficiently be obtained through cooperative procurement bidding procedures from Quinn CAT, Bakersfield and authorizing the Finance Director to dispense with bidding thereof, not to exceed $375,000. STAFF RECOMMENDATION: Staff recommends adoption of the resolution and approval of the purchase. BACKGROUND: This purchase of a Caterpillar D6N tractor will replace a unit that is more than 22 years old that was due for replacement in previous budget cycles. The tractor will be utilized by the Water Resources Department for maintaining 300 basins throughout the City as well as removing built up sand and straightening levees. In addition, it will be used to assist with the Kern River channel maintenance program. The City municipal code allows the City to dispense with bidding when we are able to obtain discount pricing from a local vendor whose company has developed said pricing though a competitive bidding process with another government agency. Quinn CAT in Bakersfield has entered into a competitive procurement contract with Sourcewell to offer discount pricing for Caterpillar equipment. Staff recommends adoption of the Resolution to dispense with bidding for the purchase of Caterpillar equipment from Quinn CAT, Bakersfield, not to exceed $375,000 for a Caterpillar D6N track type tractor for the Water Resources Department. Funds are budgeted in the Equipment Management Fund for this purchase. ATTACHMENTS: Description ❑ Resolution Type Resolution 11/06/19 CC AGENDA PACKET PG 165 RESOLUTION NO. A RESOLUTION OF THE BAKERSFIELD CITY COUNCIL DISPENSING WITH FORMAL BIDDING PROCEDURES IN THE PURCHASE OF A CATERPILLAR D6N TRACTOR FROM QUINN CAT AND AUTHORIZING THE USE OF COOPERATIVE PROCUREMENT CONTRACTS FOR THE PURCHASE OF THE EQUIPMENT, NOT TO EXCEED $375,000. WHEREAS, the City may enter into cooperative procurement contracts for work, supplies, equipment or materials without competitive bidding pursuant to Bakersfield Municipal Code Section 3.20.060(D) (7); and WHEREAS, prices offered through national cooperative procurement contracts are generally less expensive than the prices for work, supplies, equipment or materials the City is currently paying; and WHEREAS, purchasing work, supplies, equipment or materials for the City through national cooperative procurement contracts is to the City's economic advantage and in the City's best interests; and WHEREAS, Bakersfield Municipal Code Section 3.20.060(D) (7) allows the City to dispense with bidding procedures when it is determined that work, supplies, equipment or materials are available from a local vendor that has successfully obtained a contract that was competitively awarded by another governmental agency within the last 36 months as a participant in a cooperative procurement contract, and that it is in the best interests of the city, and to the city's economic advantage to purchase such work, supplies, equipment or materials from that vendor at the lowest possible cost for the quality needed; and WHEREAS, the process used to determine the vendors for the cooperative procurement contracts herein substantially comply with the City's procurement process, including public advertisement for sealed bids and awards determined on the basis of best value. 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 by reference. - Page 1 of 3 Pages - 11/06/19 CC AGENDA PACKET PG 166 2. The Council finds that work, supplies, equipment or materials are available from a local vendor that has successfully obtained a contract that was competitively awarded by another governmental agency within the last 36 months as a participant in a cooperative procurement contract, and that it is in the best interests of the city, and to the city's economic advantage to purchase such work, supplies, equipment or materials from that vendor at the lowest possible cost for the quality needed. 3. The Finance Director or his designee is authorized to dispense with bidding in accordance with section 3.20.060(D) (7) of the Bakersfield Municipal Code. 4. The Finance Director or his designee is authorized to purchase a Caterpillar D6N Tractor at Sourcewell Contract #032119 -CAT pricing through a local vendor, Quinn CAT and to negotiate the purchase of same, not to exceed $375,000. 5. That the Finance Director or designee is authorized to negotiate and execute any documents that may be necessary to register with, and purchase work, supplies, equipment or materials from, the vendors herein. •WI - Page 2 of 3 Pages - 11/06/19 CC AGENDA PACKET PG 167 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: YES: NOES: ABSTAIN ABSENT: APPROVED COUNCIL MEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA H. RUDNICK Deputy City Attorney J H R:vlg S:\Purchasing\PU RCH\Kim\Admin\Resolutions.docx JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield - Page 3 of 3 Pages - 11/06/19 CC AGENDA PACKET PG 168 t✓ BAKERSFIELD THE SOUND OF c5 W&4*W fVRW ADMINISTRATIVE REPORT MEETING DATE: 11/6/2019 Consent — Resolutions f. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DAT E: 10/30/2019 WARD: SUBJECT: Resolution Granting Funds ($300,000) to the Kern County District Attorney to Reinstate the Community Prosecution Program. STAFF RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: On November 6, 2018, Measure N was passed by voters, increasing the sales and use tax within the City of Bakersfield from 7.25 to 8.25 percent. The funding from Measure N is designed to go directly to the City to address top community priorities, including enhancing public safety, reducing homelessness and bolstering economic development activities. As part of Measure N, it is the intent of the City to add 100 sworn police personnel over the next three years to improve response times, reduce crime, and increase neighborhood police patrols. It is expected that such an increase in sworn personnel will increase the number of misdemeanor citations/arrest. The City Attorney's office operated a Community Prosecution Program (Program) with the assistance from the Kern County District Attorney's Office from 2005 through fiscal year 2011. The purpose behind the Program was to provide additional resources to prosecute various quality of life crimes, to preserve the safety and integrity of Bakersfield's business community and neighborhoods. The Program resulted in consistent and diligent prosecution of certain misdemeanor crimes, including but not limited to graffiti, petty theft, selling alcohol to minors, being drunk in public, litter, street racing, and other quality of life crimes that if left unhandled destroy the quality of life within our community. By granting the funds generated by Measure N immediately to the Kern County District Attorney, she can immediately designate deputy district attorneys to focus on the quality of life crimes and misdemeanor calendar as opposed to the City Attorney's office who would need to go through the recruitment process, train, and then absorb such personnel if the Program is cancelled. Therefore, this method is believed to be the most efficient use of resources and will enable the immediate resurrection of the Program. It should be noted that while jail beds are at a minimum, not all misdemeanor convictions carry jail time. In fact, most carry and/or community service. Therefore, it is anticipated that this 11/06/19 CC AGENDA PACKET PG 169 Program will have a positive impact and statistics will be monitored for future review and discussion. ATTACHMENTS: Description Type ❑ Reso-KCDA Comm.Prosecution Resolution 11/06/19 CC AGENDA PACKET PG 170 RESOLUTION NO. A RESOLUTION GRANTING FUNDS TO THE KERN COUNTY DISTRICT ATTORNEY TO REINSTATE THE COMMUNITY PROSECUTION PROGRAM. WHEREAS, on November 6, 2018, Measure N was passed by voters, increasing the sales and use tax within the City of Bakersfield (herein City) from 7.25 to 8.25 percent; and WHEREAS, the funding from Measure N is designed to go directly to the City to address top community priorities, including enhancing public safety, reducing homelessness and bolstering economic development activities; and WHEREAS, as part of Measure N, it is the intent of the City to add 100 sworn police personnel over the next three years to improve response times, reduce crime, and increase neighborhood police patrols; and WHEREAS, it is expected that such an increase in sworn personnel will increase the number of misdemeanor citations/arrests; and WHEREAS, the City Attorney's office operated a Community Prosecution Program (herein Program) with the assistance from the Kern County District Attorney's Office from 2005 through fiscal year 2011; and WHEREAS, the purpose behind the Program was to provide additional resources to prosecute various quality of life crimes, to preserve the safety and integrity of Bakersfield's business community and neighborhoods; and WHEREAS, the Program resulted in consistent and diligent prosecution of certain misdemeanor crimes, including but not limited to graffiti, petty theft, selling alcohol to minors, being drunk in public, litter, street racing, and other quality of life crimes; and WHEREAS, it is the intent of the City Council for the City of Bakersfield to reinstate the Program by devoting funds generated by Measure N to the Kern County District's Attorney's office so that designated deputy district attorneys can concentrate on the prosecution of quality of life crimes which Measure N was designed to address and that if not handled, may destroy the quality of life within our community; and WHEREAS, this method is believed to be the most efficient use of resources and will enable the immediate resurrection of the Community Prosecution Program. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 11/06/19 CC AGENDA PACKET PG 171 The above recitals are true and correct and incorporated herein by reference. 2. The City of Bakersfield hereby grants to the Kern County District Attorney Three Hundred Thousand Dollars ($300,000) for its immediate use to prosecute misdemeanor citations/arrests which occur in the City of Bakersfield and are anticipated to increase in light of the additional hiring of sworn Bakersfield police personnel. 3. Said funds are a one-time payment subject to renewal in fiscal year 2020/2021 upon approval of the City Council. 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: YES: NOES: ABSTAIN ABSENT: COUNCIL MEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER JULIE DRIMAKIS, CMC CITY CLERK AND EX OFFICIO of the Council of the City of Bakersfield APPROVED: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney VIRGINIA GENNARO City Attorney VG:vlg S:\COUNCIL\Resos\19-20\CommProsecution-FundstoDA.docx Page 2 of 2 Pages 11/06/19 CC AGENDA PACKET PG 172 t✓ BAKERSFIELD THE SOUND OF c5 W&4*W f'r RW ADMINISTRATIVE REPORT MEETING DATE: 11/6/2019 Consent — Resolutions g. TO: Honorable Mayor and City Council FROM: Phil Burns, Building Director DAT E: 10/17/2019 WARD: SUBJECT: Senate Bill 2 Planning Grant Program Application: 1. Resolution authorizing the City of Bakersfield's application for, and receipt of, Senate Bill 2 Planning Grant Program (PGP) funds. 2. Appropriate $625,000 Senate Bill 2 Planning Grant Program (PGP) funds to Development Services Operating budget in the General Fund. STAFF RECOMMENDATION: Staff recommends approval of resolution. BACKGROUND: On September 29th, 2017, Governor Jerry Brown signed a 15 -bill housing package to start the State's renewed focus on addressing housing needs. The housing package offers an injection of new regulatory and financial resources based on needs identified in the Statewide Housing Assessment. Part of the housing package was Senate Bill 2, the Building Homes and Jobs Act, which implemented a $75 fee on real estate documents and created a new revenue source statewide to address housing needs. In the first round of SB 2 funding, the State allocated 50% of the funds to local jurisdictions for planning grants to identify methods to increase their supply of housing units. Known as the Planning Grants Program, allocations are based on population rather than a competitive application process. As such, the City of Bakersfield is eligible to apply for up to $625,000 in funding for updating or creating new planning documents focused on streamline housing approvals and accelerating housing production. As part of the SB 2 Planning Grant Program the, City proposes to apply for funds for three or more of the following tasks: Task 1: Site Inventory for New Housing. Following new Housing Element site inventory requirements, develop an inventory of "housing opportunity sites," with specific identification of potential affordable housing sites, consisting of vacant and underutilized parcels as well as 11/06/19 CC AGENDA PACKET PG 173 reuse/redevelopment of existing structures, hotel conversion sites and accessory dwelling units. The inventory will evaluate optimal sites for all housing sub -types such as market, affordable, supportive and transitional housing. The inventory will support the City's General Plan Update and identify areas where the City can encourage more housing through land use and zoning. Task 2: Affordable Housing Funding Plan. Develop a 5 -year plan detailing how funds will be used for eligible activities to meet the City's unmet share of the RHNA using the City's Permanent Local Housing Allocation (PLHA) and local affordable housing funds. Secondly, this plan will provide an evaluation of housing needs for households with incomes at or below 60 percent of AMI and a description of the way in which the City is prioritizing investments to meet this need. Thirdly, this plan will engage the community to identify potential activities based on needs. Based on needs identified above, identify PLHA activity focus areas and develop goals and financing strategy to be undertaken to address those needs. Also, develop Goals and Action Items based on City priorities and PLHA activities for the following: 1. Housing the Homeless Strategy 2. New Affordable Housing 3. Rehab Affordable Housing 4. Affordable Housing Trust Fund 5. Affordable Accessary Dwelling Unit Incentive Program 6. First Time Home Buyer Program Task 3: Affordable Housing Financing & Incentive Strategy. Prepare implementation plans and draft guidelines for the following affordable housing financing strategies and incentives: • Affordable Housing Trust Fund. Plan for development and implementation of an Affordable Housing Trust Fund to assist in the creation and preservation of affordable housing for the benefit of low- and moderate income households. • Affordable AD Incentive Program. Develop pre -approved architectural and site plans for an accessary dwelling unit (ADU) and a grant incentive program for ADUs developed or approved with public financial assistance and/or have recorded affordability deed restriction or covenants, that enable units to be affordable. • HOME Rehab Program. Develop a program for rehabilitation or reuse of existing structures with annual HUD entitlement City HOME funding. • First Time Home Buyer Assistance Program. Develop a program for First Time Home Buyer Assistance Program where previous occupants from affordable rental units can take that next step. Funds for implementation of assistance program will come from the City's annual HUD entitlement. Task 4: Adaptive Re -use Housing Ordinance. Per City Council goals, this task would include a focused effort to encourage more density and housing in the City's urban core with the development of an Adaptive Re -use Housing Ordinance. The development of the ordinance would include: • Close examination of zoning and building codes that could play a role in preventing reuse of the building without impacting public safety. • Recommended zone changes, process tools and measures and a draft ordinance that 11/06/19 CC AGENDA PACKET PG 174 would allow for more streamlined conversion to new housing units within existing buildings and could allow more flexibility for developer and make feasible housing projects. Task 5: Updated Permit Software. To address streamlining its process, this task will include upgrades to the permit process by converting to an electronic system and may include upgrades to improve customer service. This Task may be partially funded with PSVS funds as well as SB - 2 Planning Grant Funds. City staff will submit an application for SB 2 PGP funds with the attached Resolution to HCD by the November 30th deadline. ATTACHMENTS: Description D Resolution Type Resolution 11/06/19 CC AGENDA PACKET PG 175 RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF BAKERSFIELD'S APPLICATION FOR, AND RECEIPT OF, SB 2 PLANNING GRANTS PROGRAM FUNDS WHEREAS, the State of California, Department of Housing and Community Development (Department) has issued a Notice of Funding Availability (NOFA) dated March 28, 2019, for its Planning Grants Program (PGP); and WHEREAS, the City Council of the City of Bakersfield intends to submit a project application for the PGP program to accelerate the production of housing and will submit a 2019 PGP grant application as described in the Planning Grants Program NOFA and SB 2 Planning Grants Program Guidelines released by the Department for the PGP Program; and WHEREAS, the Department is authorized to provide up to $123 million under the SB 2 Planning Grants Program from the Building Homes and Jobs Trust Fund for assistance to local governments (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)) related to the PGP Program. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: 1. The City Council finds and declares that the foregoing recitals are true and correct and are incorporated herein by reference. 2. The City Council is hereby authorized and directed to apply for and submit to the Department the 2019 Planning Grants Program application in the amount of $625,000. 3. In connection with the PGP grant, if the application is approved by the Department, the Development Services Director is authorized to enter into, execute, and deliver a State of California Agreement (Standard Agreement) for the amount of $625,000, and any and all other documents required or deemed necessary or appropriate to evidence and secure the PGP grant, the City's obligations related thereto, and all amendments thereto (collectively, the "PGP Grant Documents"). 4. The City shall be subject to the terms and conditions as specified in the Standard Agreement, the SB 2 Planning Grants Program Guidelines, and any applicable PGP guidelines published by the Department. Funds are to be used for allowable expenditures as specifically identified in the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application will be enforceable through the executed Standard Agreement. The City Council hereby agrees to use the funds for eligible uses in the manner presented in the application as approved by the Department and in PAGE 1 of 2 11/06/19 CC AGENDA PACKET PG 176 accordance with the Planning Grants NOFA, the Planning Grants Program Guidelines, and 2019 Planning Grants Program Application. 5. The Development Services Director is authorized to execute the City of Bakersfield Planning Grants Program application, the PGP Grant Documents, and any amendments thereto, on behalf of the City as required by the Department for receipt of the PGP Grant. --------------- 0000000 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, SULLIVAN, PARLIER, FREEMAN NOES: COUNCILMEMBER: I\L9/\I2�K011NO] IINA1►AIQN'R l ABSENT: COUNCILMEMBER: APPROVED KAREN GOH MAYOR APPROVED AS TO FORM: VIRGINIA GENNARO CITY ATTORNEY 1-2 JOSHUA H. RUDNICK Deputy City Attorney JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield PAGE 2 of 2 11/06/19 CC AGENDA PACKET PG 177 t✓ BAKERSFIELD THE SOUND OF c5 W&4*W fVeW ADMINISTRATIVE REPORT MEETING DATE: 11/6/2019 Consent — Resolutions h. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DAT E: 10/10/2019 WARD: Ward 2 SUBJECT: Sewer connection fee assessment for 745 Real Road: 1. Resolution confirming assessments for sewer connection fee and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Titus Linares and Donna Linares, 745 Real Road, to pay the sewer connection fee through the Kern County Tax Collector. STAFF RECOMMENDATION: Staff recommends adoption of the resolution and approval of the agreement. BACKGROUND: The owners of the property at 745 Real Road desire to connect said property to the City sewer system. The property owners claims that to pay the sewer connection fee in one payment would produce an economic hardship. To assist in paying the connection fee of $4,600, the City has contracted with the property owners to spread the remaining connection fee over an eight year period to be collected with their property taxes in accordance with Municipal Code Section 14.12.030, 14.12.390, and 16.32.060. Ordinance No. 4433 dated May 23, 2007, authorizes the Kern County Tax Collector to collect the connection fee in eight equal payments over the next eight years. ATTACHMENTS: Description Resolution confirming assessments for sewer connection ❑ fee and authorizing the collection of assessments by the KC Tax Collector D 745 Real Road sewer connection fee agreement Type Resolution Agreement 11/06/19 CC AGENDA PACKET PG 178 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD CONFIRMING ASSESSMENT FOR SEWER CONNECTION FEE AND AUTHORIZING THE COLLECTION OF ASSESSMENT BY THE KERN COUNTY TAX COLLECTOR. WHEREAS, the owners of the property as set forth in Exhibit "A," located within the City of Bakersfield, will connect their property to the City sewer system; and WHEREAS, the City finds that to pay the cost of the sewer connection fee in one payment would produce an economic hardship on the property owners; and WHEREAS, to assist the property owners in paying the sewer connection fee the City has agreed to spread the cost of the fee over an eight year period; and WHEREAS, the property owners (set forth in Exhibit "A") have entered into an agreement with the City to pay the cost of the connection fee through their property taxes over the next eight years. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby confirms and approves the individual assessments for sewer connection fee set forth in Exhibit "A". 3. The Kern County Tax Collector is hereby authorized to collect the assessment for sewer connection fee to be collected in eight equal payments over the next eight years. 4. The provisions of Proposition 218 do not apply as the sewer connection fee cost was imposed at the written request of the property owners. ---- 000--------- S:\PROJECTS\SewerConFee\Res\2019\745 Real Rd RES.docx 11/06/19 CC AGENDA PACKET PG 179 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: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO CITY ATTORNEY RICHARD IGER Deputy City Attorney Attachment: Exhibit "A" S:\PROJECTS\SewerConFee\Res\2019\745 Real Rd RES.docx 11/06/19 CC AGENDA PACKET PG 180 EXHIBIT "A" Property Owners and Individual Assessment ATN: 020-220-03-00-9 Titus Linares Donna Linares 745 Real Road Bakersfield, CA 93309 Sewer Connection Fee $4,600.00 S:\PROJECTS\SewerConFee\Res\2019\745 Real Rd RES.docx 11/06/19 CC AGENDA PACKET PG 181 AGREEMENT NO. AGREEMENT TO PAY SEWER CONNECTION FEE IN INSTALLMENTS AND NOTICE OF SPECIAL ASSESSMENT LIEN THIS AGREEMENT is made and entered into on , 2019 by and between the CITY OF BAKERSFIELD, a Charter city and municipal corporation ("CITY") herein, and TITUS LINARES AND DONNA LINARES, HUSBAND AND WIFE AS JOINT TENANTS ("PROPERTY OWNERS") herein. RECITALS WHEREAS, PROPERTY OWNERS wish to connect to the City sewer; and WHEREAS, CITY agrees to allow PROPERTY OWNERS to pay the sewer connection fee by installment and PROPERTY OWNERS agree that the sewer connection fee will be placed on the property tax rolls for collection and placed as a special assessment lien thereon, NOW, THEREFORE, incorporating the foregoing recitals herein, the parties agree as follows: 1. LOCATION OF PROPERTY. PROPERTY OWNERS own a single-family residence located at 745 Real Road, (ATN 020-220-03-00-9) within the city limits of the CITY. 2. SEWER CONNECTION FEE. The sewer connection fee payable to the CITY shall be in the amount of Four Thousand Six Hundred Dollars ($4,600.00). PROPERTY OWNERS hereby request, and CITY agrees to allow PROPERTY OWNERS to pay the sewer connection fee by installment as provided for herein. PROPERTY OWNERS also agree to 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, arising out of, connected with or in any way arising from, the terms and provisions of this Agreement. 3. ECONOMIC HARDSHIP. PROPERTY OWNERS represent and the City hereby finds that to pay the cost of the sewer connection fee in one payment would produce an economic hardship on PROPERTY OWNERS. 4. PAYMENT. PROPERTY OWNERS agree to pay the sewer connection fee and sewer construction fee in eight equal annual installments of $575.00, BE 11/06/19 CC AGENDA PACKET PG 182 each of which shall be placed on the tax assessment rolls, the first payment to be due and payable on the next Kern County Assessors tax bill. 5. CONSENT FOR SPECIAL ASSESSMENT LIEN PLACEMENT ON PROPERTY. PROPERTY OWNERS further agree and consent to the CITY placing a special assessment lien on the above property for the amount of the sewer connection fee which will remain until such time as PROPERTY OWNERS pay off the total sewer connection fee. 6. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 7. 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. 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 City Hall 1600 Truxtun Avenue Bakersfield, California 93301 PROPERTY OWNERS: TITUS LINARES DONNA LINARES 745 Real Road Bakersfield, California 93309 SR 11/06/19 CC AGENDA PACKET PG 183 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. "CITY" CITY OF BAKERSFIELD By: KAREN GOH , Mayor APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT 2 NICK FIDLER Public Works Director APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY M 13'2 RICHARD IGER Deputy City Attorney RANDY MCKEEGAN Finance Director S:\PROJECTS\SewerConFee\agrments\745 Real Rd AGRMT.doc -3- "PROPERTY OWNERS" TITUS LINARES AND DONNA LINARES, HUSBAND AND WIFE AS JOINT TENANTS By:� r�- Titus Linares By: Donn�6 Linares 11/06/19 CC AGENDA PACKET PG 184 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of kE;4A } On before me, L� , L ---Z TCS J� , ere nse name an e o e o cer personally appeared -7' ITU S 670 NW -FS 4- &Nll% ,,) , L -I NA2RE who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. - ESTHER L. PARKA y � COMM. lt2263122 NOTARY PUBLIC • CALIFORNIA (� KERN COUNTY My Comm, Exp. Oct. 16, 2022 N Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATI DESCRIPTION OF THE ATTACHED DOCUMENT (TRIO or description of attached document) (Title or description of attached document continued) Number of Pages- Document Date. CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other :?015 Vetrt;l!�n �,rww.f�r�t�;try[;Iris�:;rts.acxrt SOp-Elia-AiiEi�: INSTRUCTIONS FOR COMPLETING THIS FORM ON This form complies with current California statutes regardingnotary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization, • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. ke/she/they; is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. :• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Or Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. 11/06/19 CC AGENDA PACKET PG 185 t✓ BAKERSFIELD THE SOUND OF c5 W&4*W fVeW ADMINISTRATIVE REPORT MEETING DATE: 11/6/2019 Consent—Agreements i. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DAT E: 10/16/2019 WARD: Ward 5 SUBJECT: Final Map and Improvement Agreement with Norris Road, LLC (Developer) for Tract 7288 Unit 3 located east of Windermere Street and south of Campus Park Drive. STAFF RECOMMENDATION: Staff recommends approval of map and agreement. BACKGROUND: Per Bakersfield Municipal Code Chapter 16, "Subdivisions," Tentative Tract Map 7288 was conditioned by the Planning Commission to require the construction of certain improvements within and adjacent to the tentative tract map, which include, but are not limited to, streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. If these improvements are not completed when the developer, Norris Road, LLC, wishes to record a portion of the tentative tract map (through a final map), the developer must execute an improvement agreement through which the developer agrees to complete the construction of the improvements within one year of the date the agreement is executed. The City Engineer may extend the time to complete the improvements upon request. Certificates of Occupancy or final inspections will not be allowed for any building within the bounds of the final map until these required improvements are completed and accepted by the City of Bakersfield and a Notice of Completion for 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 D Tract 7288-3 - Improvement Agreement D Tract 7288-3 - Final Map ❑ Tract 7288-3 - Vicinity Map Type Agreement Backup Material Backup Material 11/06/19 CC AGENDA PACKET PG 186 11/06/19 CC AGENDA PACKET PG 187 IMPROVEMENT AGREEMENT NO. FOR Tract 7288 Unit 3 This IMPROVEMENT AGREEMENT ("Agreement") is entered into on and effective as of _ (the "Effective Date"), by and between the CITY OF BAKERSFIELD, a music#pal corporation ("City"), Norris Road, LLC, a California Limited Liability Company authorized to do business in California ("Owner") and WPG Tamarind, LLC, a California Limited Liability Company authorized to do business in California ("Contractor"). Collectively, Norris Road, LLC and WPG Tamarind, LLC are referred to as "Developer" in this Agreement. RECITALS WHEREAS, Norris Road, LLC is developing and subdividing land in the City of Bakersfield, commonly referred to as Tract. 7288. Unif 3 (the "Project"),. under the provisions of the Subdivision Mop Act (Govt. Code §.§ 66410 et seq.) ("Map Act"), and the Subdivision Ordinance of City (Title 1.6 of the Bakersfield Municipal Code ("BMC")) ("Ordinance"); WHEREAS, WPG iamor! n.d, LLC is the. gen era 1. contractor onth e Project. WHEREAS, Norris Road, LLC agrees to be bound, jointly and severally, with WPG Tamarind, .LLC for the .taking of any actions required under this Agreement; WHEREAS, City's Planning Commission, an advisory agency, has approved Developer's tentative. map subject to certain approved exceptions and conditions; and WHEREAS, Developer has .submitted its final map to City for approval in accordance wifh the Map Act and the Ordinance and desires to enter into this Agreement with City to complete the. required improvement work in the Project within the time. and in. the manner provided herein. 1MPROVEM ENL AG REEME NT - 3 Party G:\GROUPpAT�AGREEMENTS\2019 PW AGR EEMENTS\T728&31MP AGR.Oocx Page 1 of 1* !Updated Sepfember.11, 2017 11/06/19 CC AGENDA PACKET PG 188 AGREEMENT Incorporating herein. the above recitals, City and Developer agree as follows: 1. IMPROVEMENTS TO BE CONSTRUCTED. Developer will construct in the Project, at its sole cost and expense, those facilities and improvements. [herein. collectively referred to as "Improvements") required by BMC Sections 16.32.060 or Section 16.32.080, whichever is applicable, required in the resolution adopted by the City Planning Commission on August 04, 20'16, and/or required in a resolution extending the expiration of the tentative map; if applicable. The Planning Commission's resolution and the resolution extending the expiration of the tentative reap, if applicable, are on file in the City Planning Department and incorporated in this Agreement as though fully set forth herein. Norris Road, LLC hereby agrees that it will be jointly and severally llable with WPG Tamarind, LLC for the taking of any actions required under this Agreement. 2. MANNER OF CONSTRUCTION. The Improvements must be installed and constructed in accordance with all of the following: 2.1. Title 16 of the BMC; 2.2.. The Map Act: !.3. Plans, specifications, profiles, and standards. approved by City Engineer [when used in this Agreement, "City Engineer" also refers to City Engineer's designee]; 2.4. Adopted City standards; and 2.5. Good engineering proctices.and workmanlike manner. Ali improvements will be subject to inspection by City Engineer and must be completed to City's satisfaction before the Improvements will be accepted by City. 3. TIME FOR COMPLETION. All of the Improvements must be fully completed in accordance with the terms of this. Agreement to the satisfaction of City Engineer within one year from the Effective Date unless City. Engineer grants an extension of the time for compleflon. IMPROVEMENT AGREEMENT --3 Party G:\GROUPDAAAGREEMENTS\2g1.9 PW AGREEMENT5.1T728.8-3IMP .AGR.066 Page 2 Qf 14 Ueda}ed 5eptemb& 11, 20.17 11/06/19 CC AGENDA PACKET PG 189 4. RECORDING OF NOTICE OF COMPLETION; ISSUANCE OF CERTIFICATES OF OCCUPANCY: FINAL INSPECTIONS. 4.1. When Developer notifies City Engineer that Developer has completed construction of the Improvements, City Engineer will conduct an inspection of the Improvements and notify Developer of any deficiencies in the Improvements. 4.2. When Developer corrects the deficiencies, if any, in the Improvements to City Engineer's satisfaction, City Engineer will accept the Improvements. 4:3: After the improvements are accepted by City Engineer, City will record a notice of completion. (the "NCC") once Developer provides City Engineerwith relevant items identified on the Checklist for Notice of Completion, attached hereto as. Exhibit A and incorporated herein by this reference. 4:4. City Building Director will not conduct a final inspection or issue any certificates of occupancy to Developer for any lot within the phase' covered by this Agreement (the "Covered Phase") until City records the NCC. 5. GUARANTEE AGAINST DEFECTS. Developer hereby guarantees all features of the Improvements against defective work or labor done, or defective materials furnished, in the performance of this Agreement for a period of one year following recordation of the NCC. Upon City's demand, Developer will correct, repair, or replace promptly all such defective work or labor done, or defective materials furnished, as may be discovered within the one-year guarantee period. The one-year guarantee period. on private improvements will begin when the NCC is recorded. 6. IMPROVEMENT SECURITY. 6.1. Re aired Securijy. Developer must provide acceptable security (the "5ecurify"j as detailed in Exhibit B, which.'s incorporated herein by reference, for the following obligations: 6.1.1. Performance of the obligations of the Agreement by a full and timely completion of the Improvements: For tracts fhat have nophases; the terra "Covered Phase" refers to fhe Project. iMPROVEMENIT AGREEMENT= 3 Party G;\GROUPDAT\AGR. EEM ENT5\2019 PW AGR EEM ENTs.NT7289.3 !MP AGR. Docx. Page 3 of 14 Updated September 11, 2017 11/06/19 CC AGENDA PACKET PG 190 &.1.2.: Labor &. Materials/Payment to all contractors and subcontractors and to persons renting equipment or furnishing labor or materials for the improvements, except as provided in BMC Section 16.32.040; and 6.7.3. Warranty./Maintenance against any defective work or labor performed on or defective materials furnished for the Improvements for a period of one year following recordation. of the. NDC of the Improvements as outlined above. 662. Acceptable Security. City Engineer has the sole discretion to .determine which of the following forms of Security is acceptable. 6.2.1. A bond .or bonds by one or more duly authorized corporate sureties that substantially conforms with the form set forth in Government Code Section 66499.1 or any successor:statufe; 6.2:2. Cash deposited with City; or 6.2.3.. An irrevocable. letter of credit from one or more responsible financial :institutions regulated by state or federal government and pledging that the funds are on. deposit and guaranteed for payment on demand by City. 6.3. developer's Obligation to Maintain Security. It is Developer's sole responsibility to maintain the Security as follows: 6.3.1 Developer :must provide City with the original Security documentation for al[ required Security as outlined in Exhibit B. Copies of the Security documents. provided by Developer are aftaChe d to fhis Agreement as Exhibit D. 6.3.2 Developer must ensure that all Security is. current and that there is no gap in Security coverage. At least sixty days before any Security required. by this Agreement expires or otherwise becomes invaild; Developer must take steps to keep the Security current or provide new Security. Any failure by Developer to. comply with. these provisions will constitute a material breach of this Agreement, and City may; in addition to all other remedies provided. by law or this: Agreement, immediately pursue whatever Security is available for completion of all Developer obligations under this Agreement. IMPROVEMENTAGREEMENT —3 P. rly GNGROUPDAT\AGRE EMENTS\2019 PW. AGREEMENTS\T7288-3 IMP AGR .Docx Page 4 of 14 Updated 5eplember ] 1,1017 11/06/19 CC AGENDA PACKET PG 191 6.3.3 Developer must provide City with the appropriate mailing address, phone number, state license number, if applicable,. and email address for the contact person associated with each form of Security and identify the focal representative and corporate headquarters. of the company providing. the Security ("Contact Information"). It is Developer's responsibility to ensure that City is provided with updates to any of the Contact information. b.4 _Release of Security. The. Security will be released as described in Exhibit R. 7:- DEFAULT; REMEDIES. 7.1. Default. Developer will be in default of this Agreement if City Engineer, in the exercise of reasonable discretion, determines that any of the following exist: 7.1.1. Developer has failed to properly and fully complete all of the Improvements. in accordance .with this Agreement within. the time., or any extension of time, provided herein; 7.1.2. Developer has failed ..or neglected to begin the Improvements, or any feature of the Improvements, within a time which will reasonably allow their completion within the time; or any extension of time, provided iri Phis Agreement; 7.1.3. Developer has abandoned any of the work on the Improvernents; 7.1.4. Developer,. if an individual, has been declared incompetent or placed under the care of a guardian or conservator, or has disappeared;: 7.1.5. Developer is subject to a voluntary or involuntary.petition in bankruptcy or has been declared bankrupt; 7.1.6. Developer changes the form of its business entity to. a form different than the one identified in the introductory paragraph above.; or 7.1.7. Developer or owner of the Project transfers ownership of the Project. MPROVEMENT AGREEMENT- 3 Party G,\GROUPDATIAGREEMEI tU019 PW AGR EEM ENTSNT7M-3 IMP AGR.Qocx Page 5 of 14 Updated September 11, 2017 11/06/19 CC AGENDA PACKET PG 192 7.2. Remedies. If Developer is in default of this Agreement,. City may, in its sole discretion, immediately exercise any of the following remedies without prejudice to any other remedy City may have in law or equity: 7.2.1. demand that any available surety pay for .the completion of the Improvements; 7.2.2. Demand that any available surety assume Developer's obligations under this Agreement, in lieu of payment of the secured funds; 7.2.3. Provide the necessary supervision, equipment, materials, and Tabor as it may determine necessary, using any available means,. to undertake and complete the Improvements or any part thereof in the manner required by this Agreement at Developer's and its surety's expense, and Developer and its surety, jointly and severally, will be liable to City and must pay City, on demand, any expenses, costs, fees, or other expenditures incurred by City in: the course thereof; 7.2.4. Combine the payment of secured funds and the completion of Developer's obligations under this Agreement by City forces and/or other entities; 7:2.5. Withhold the issuance of .building permits or performance of inspections. for any lof within the. Covered Phase if the Improvements in any current. or earlier phase of the map have not been completed in a timely manner at the time Developer requests building. permits or inspections for any lot within the Covered Phase;. 71.A. Withhold. the issuance of building permits in subsequent phases until all Improvements in. the Covered Phase are completed and approved by City Engineer; and 7.2.7. Revert the real property to. acreage. By executing this Agreement, Developer warrants that it has authority from each party having record title interest in the Project to act as such party's agent for purposes of the provisions of this subsection and to waive, and, hereby; waives any right to a hearing on such reversion. 1MPROVE.MENT M_-9EEMENT - 3 Party G:\GR0UPDAT`,AGREEMENTS`,2019 PW AGREEMENi5\T7288-31MP AGR.Dock Page b of 14 Updated Sepfember:11, 26.17 11/06/19 CC AGENDA PACKET PG 193 Ri ght of Ent". If City elects to exercise its right to the secured funds under this section, Developer hereby grants the right of entry to the Project to City, the surety, and the City's and surety's. designated representatives for the purposes of completion of the Improvements or evaluation of ..any claims on secured funds. under this Agreement. It is the responsibility of City, the surety; or the City's or surety's designated represenfafives to obtain any permission necessary for legal entrance to and/or construction on the Project from the Project's owner should Developer not own or have rights to fhe Project. It is also the responsibility of the surety. to. provide adequate insurance and comply with all regulations, Permits, and ordinances while... on the Project site or before beginning any work within City's right-of-way. 8. NO WAIVER OF DEFAULT. A failure to: enforce any provision of this Agreement will not constitute a waiver of the right to enforce fhe provision at a later time and will not serve to vary the terms of this Agreement, 9. NO WAIVER BY CITY. Inspection of the work and/or materials; or approval of the work and/or materials inspected, or a statement by any officer, agent, or employee of City indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole'or any part of the work. and/or materials, or payments therefore; or any combination of all of these acts, will not relieve Developer of the obligation to fulfill this. Agreement as .prescribed; not will City be thereby estopped from bringing any action for damages. arising from Developer's failure to comply with any of the: terms and conditions of this Agreement.. 10. INDEMNITY. 10.1 Developer will indemnify, defend, and hold harmless City and its Council, 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; or companies in the performance of, or in any way arising from., the terms and provisions of this Agreement whether or not caused in part by City, except as limited by California Civil Code Section :2782 or caused by City's :sole active negligence or willful misconduct. IMPROVEMENT AGREEMENT -3 Pprly G:\GROUPDAT\AGREEMENM\20i9 PW AGR EEMENT5\T728b3 fMf AGR.Dacx. Page 7 of 14 Upda fed 5ep.E.ember.I 1, 26.1 7 11/06/19 CC AGENDA PACKET PG 194 10.2 Developer, at its own cost, expense, and risk must defend all legal proceedings that may be brought against City or its Council, officers, agents, or employees., on any liability, suit, claim, or demand that Developer has agreed to indemnify them against herein, and 'must satisfy any resulting judgment that may be rendered against any of them. 10.3 Developer's surety providing the Performance Security will not be deemed liable under any of the foregoing provisions of this section, unless the surety undertakes the completion of :any of the Improvements or the conduct of work required to be done under this Agreement, and then only to the extent of any act, omission, or neglect of the surety or its engineers, employees; agents, contractors, or subcontractors in the course of the completion of those Improvements or the conduct of that work by the surety. 11. INSURANCE 11.7. Types and limits of Insurance: .Irl addition. to any other insurance or security required under this Agreement, Developer must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic. insurance Requirements"). Automobile liability Insurance providing coverage for owned, non -owned, and hired autos. 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 $1.,000,000 per occurrence.. I I A..2. Commercial -general liability insurance, unless otherwise .approved by City's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons,.property damage, and personal. injury, with limits of not less thah $1,000;000 per occurrence. The policy must;. 17.1.2.1. Provide contractual liability coverage for the terms of this Agreement; 11:1:2.2. Provide unlimited products and :completed operations coverage IMPROVEMENT AGREEMENT -3 Pariy G:\GRbuPDAT\AGREEMENZWO1.9 PW AG REEMENTS.\T728$3.IMP AGR.Doex Purge 8 of ] 4 Updated September 11,.2017 11/06/19 CC AGENDA PACKET PG 195 11.1.2.3. Provide premises, operations; and mobile equipment coverage; and 11.1:2:4. Contain ars additional insured endorsement in favor of City and its mayor, council, officers, agents, ernployees,.`and desig noted volunteers. 11.1.3. Workers' compensation insurance with limits of not less than $1;000,000 per Occurrence. In accordance with the provisions of Labor Code Section 3.700, every contractor will be required to secure the payment of compensation. to. his employees Pursuant to Labor Code Section 1861., Developer must submit to City the following certification before beginning any work on the Irrmprovements- I am aware of the provisions of Section 3700 of the Labor Code which require. every employer to be insured against liability for worker's compensation or to undertake self. -insurance in accordance with the. provisions of that code, and I will comply with such provisions before. commencing the performance of the work of this contract. By executing. this Agreement, Developer is submitting. the certification required. above. The policy must contain a waiver of subrogation in favor of City and its mayor, council, officers, agents, employees, and designated volunteers. 11.2. General Provisions ApI21ying to. All' Insurance Tyl2es. 11.2.1: Ali policies required of Developer must be.wriften on a first= dollar coverage basis, or contain a deductible provision. Subject to City's. advance approval, Developer may utilize a self-insured retention in .any or all of the policies provided, but the policy or policies may 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. IM FROVEME NT A 0 REEMENT -- 3 Pa rty G:�GM0MAT[AGREEMEMTS\2019 PW AGREEMENTSV7.288-31MP AGR.Docx Page 9 or 14 Updated September 11..2017 11/06/19 CC AGENDA PACKET PG 196 11.2.2. All policies required of Developer must be primary insurance as to City and its mayor, council; officers; agents, employees, or designated volunteers and any insurance or self-insurance: maintained by City and its mayor,. council, officers, agents., employees, and designated volunteers must be excess of Developer's insurance and must not contribute with it. 11.2:3. The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by City's Risk Manager, but in no event less than A-:Vll. 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 City in writing. 11.2.4. The :insurance required in this ;section must be maintained until the Scope of Work is satisfactorily completed as. evidenced. by City's written .acceptance.. All .policies must provide that there will be continuing liability thereon, hotwithsfanding any recovery on any policy. 11.2.5. Full compensation for all premiums which the Developer is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 11.2.6. It is. further understood and agreed by Developer that its liability to City will not in any Way be limited to or affected by the amount of insurance obtained and carried by Developer in. connection with this Agreement, 11.2.7. Unless otherwise approved by City, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements :must be provided by, or on behalf of, :all subcontractors even if City has approved lesser insurance requirements for Developer, and all subcontractors must agree in writing to be bound by the provisions of this section. IMPROVEMENT AGR EEM ENT .-3 Parfy GNGROUPDAT\AGREEMENTS\2019 PW. AGR EEM ENTS.\T7288-3.IMP AGR.©ock Page 1.0of 14 Upao#ed September 11, 2017 11/06/19 CC AGENDA PACKET PG 197 12. MISCELLANEOUS. 12.1. Governing Law. The laws of the State of California will govern the validity of this Agreement, its interpretation, and its performance. Any litigation arising in any way from this Agreement must be brought in Kern County, California. 12.2. Notices. All notices related to this Agreement must be given in writing, must be personally served or sent by certified or registered mail, and will be effective upon actual personal service or depositing in the United States mail. The parties must be addressed as follows, or at any other address designated by notice: City: CITY OF BAKERSFIELD Public Works Department Attention: Subdivisions 1600 Truxtun Avenue Bakersfield, California 93301 Telephone: (661 ) 326-3724 General WPG T marind, LLC Contractor: Attn: MO& 11601 Bolthouse Drive, Suite 220 Bakersfield, CA 93311 Telephone: (661 ) 809-5759 Email: jmoe@woodbridgepacific.com Owner: Norris Road, LLC Attn: Chris Hayden 11837 Bol thouse Drive Suite 500 Bakersfield, CA 93311 Telephone: (661 ) 654-0300 Email: crh 12365@gmail.com Surety: Attn: Telephone: Email: License No.: Certificate Authority IMPROVEMENT AGREEMENT -3 Party G:\GR0IJPDAT\AGREEMENTS\2019 PW AGREEMENTS\T72W3IMP AGR.❑ccx Page 1 1 of 14 updated September 11, 2017 11/06/19 CC AGENDA PACKET PG 198 Local Contact: _ Local Telephone: 12.3. 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 will be unenforceable and otherwise null and void without the need for further- action by the non -assigning party or parties. 12.4. 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. 12.5. Mer er and Modification: All prior agreements between the parties are incorporated in this Agreement, which constitutes the entire agreement of the .parties. Its terms are intended by the parties as a final expression and complete and exclusive statement of their agreement with respect to the terms that are included herein and may not be contradicted by extrinsic: evidence of any prior agreement or contemporaneous oral agreement in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties.. 12.6. Corporate Authority. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly outhoriied.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. 12.7. Independent Contractor. This Agreement calls for the performance of Developer's services. as an independent contractor. Developer Will not be considered an employee of City for any purpose and is. not entitled to any of the benefits provided. by City to. its employees. This Agreement must not be construed as forming a partnership or IMPROVEMENT AGREEMENT- 3 Porky G:\GROUPDAT\AGREEMENTSV019 FW AGR. EEMENTSV72$&3 IMF AGR; Docx Page 1.2 of 14 Updated September 1.1, 2017 11/06/19 CC AGENDA PACKET PG 199 any other association with Developer other than that of an independent contractor. 12.8.. Agreement !Mutually Drafted. This Agreement is the product of negotiation, and. all parties are equally responsible for its authorship. California. Civil Code Section. 1554 does not apply to. the interpretation of this Agreement. 12.9. Exhibits. If there is 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 will prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 12.10. Tax Numbers. Owner's Federal Tax Identification No. 77-0597185. Owner is a corporation? Yes 0. No ❑ (Please. check one.) Developer's Federal Tax Identification No. 82-2997.7.59. Developer is a corporation? Yes Z No ❑. (Please check one.) 12.11. Non-interest. No officer or employee of City may hold any interest in this Agreement (California Government Code Section 1090). 12.12. Further Assurances. Each party will execute and. deliver such papers, documents, and instruments, and perform such. acts as are necessary or appropriate, to implement the terms of this Agreement and. the intent of the parties to this. Agreement. [Signatures follow on next page] IMPROVEMENT AGREEMENT -3 Pdrly G \GROUFDATIAGREEMENT5\2019.PW AGREDAENTSV7288-3 EMP AGR:17ocx. Page 13. of 14 Updated September 11, .207 7 11/06/19 CC AGENDA PACKET PG 200 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be. executed the day and yearfirst written above. CITY CITY OF BAKERSFIELD .12 KAREN .GOH Mayor APPROVED as to form: VIRGINIA GENNARO City .Attorney By. VIRGINIA GENNARC City Aitamey Insurance/Surety: APPROVED as to content: PUBLIC WORKS DEPARTMENT z NICK FIDLER Public: Works Director COUNTERSIGNED: OWNER Norris Road, LLC By: (/I 'Iz__ Print Name: L-•• f - •Gly(,{a eri r1t1e: _ !! Y na I l� -- GENERAL CONTRACTOR WPG Tamarind, I.I.C. By: Print Name: Title: RANDY MCKEEGAN Finance Director Attachments: Exhibit A - Checklist for Notice of Comple#ion Exhibit B - Required Securify Exhibit C -Engineer's �s.timate Exhibit D - Security Exhibit E Insurance IMPROVEMENT AGREEMENT -3 Party G:\GROUPQATIAGREEM ENTS`,2019. PWAGREEMENTSNT7288-3..IMP AGRj).ocx Upda#ed September 11_20 17 Page 14 of 14 11/06/19 CC AGENDA PACKET PG 201 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Kern } On :1 I% '� � / before me, ,''f! ,� ry!rtf�,' �� r7 j (insert name and title of th(r fficer) personally appeared J a h ] `Ire' "k r. 6 who proved to me on the basis of satisfactdry evidence to be the person(4whose name(a) isla4:e-- subscribed to the within instrument and acknowledged to me that helsheAhey executed the same in his'te; �ncn authorized capacity(ies}, and that by hislheg#t & signature() on the instrument the person(e), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the Paws of the State of California that the foregoing paragraph is true and correct. MELINOA E. AMEYE WITNESS my hand and official seal. COMM. #2247740 z !� Notary Public . California d w Kern County -* ,My Comm. Expires June 25, 2022 Sign (Seal) 11/06/19 CC AGENDA PACKET PG 202 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LIC r 13...} nn j� I before me, Anita Sinco Kerchner. Notary Public (insert name and title of the officer) personally appeared V1 who proved to me on the basis of saisfactory evidence to be the perso,o whose name[,$) is/pm subscribed to the within instrument and acknowledged to me that heleelttaey executed the same in his/herltla�ir authorized capacity(ieo, and that by hislherltba�r signature(sy on the instrument the person, or the entity upon behalf of which the person4s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. bat WITNESS my hand and official seal, W.TrAR, IASINC0 KIrRCiiHER Ct7NttV.23U4757 nCAUFURHU4KECoUt4WUCantuP•12.2023 u Signatur ;ljta;�_71� - �7rf (Seal) 11/06/19 CC AGENDA PACKET PG 203 PUBLIC WORKS DEPARTMENT CITY OF BAKERSFIELD SUBDIVISIONS CHECKLIST FOR NOTICE OF COMPLETION Project No. Phase No. GENERAL INSTRUCTIONS Submit a copy of this checklist with your.Notice of Completion package. Include all items on this checklist with your package. If an item is already. on file with the City, please so note.. If any. item is marked as NA (riot applicable), provide a written justification or explanation. Failure to submit this checklist or to address all items on the checklist.will. result in a delay in filing the Notice. of Completion and/or in the release of any securities...Processing of a Notice of Completion. cannot. proceed unti 1. Subdivisions has received.direct confirmation from the Construction Division that the punch list items are complete. OK NA Checklist Item EXHI BIT A. 11/06/19 CC AGENDA PACKET PG 204 Ci 'spunch list; completed and si ned off by Construction Inspector. Monument elevation ma rovided to the Ci Record drawings of the required improvements, signed by the Engineer of Record, alon �g with an electronic cop Utility composite plan, including street light electrical service points. Warranty security as required shall be posted "As -graded" plans, signed by.the. Engineer of Record,. along with: an electronic copy Letter from engineer of record. certifying that. monuments have been set and that the engineer has been aid for settin the monuments. Maintenance.letter from Recreation and Parks Sump acceptance by the Water Department if required) Geotechnical letter confirming. sump construction per Grading Plan and/or Drainacie Stud if re uired Other items re uired by tract conditions: EXHI BIT A. 11/06/19 CC AGENDA PACKET PG 204 FCR PRIVATE TRACTS ADD THE FOLLOWING ITEMS; OK NA. Checklist item My 11/06/19 CC AGENDA PACKET PG 205 Provide certification to the City Engineer that; except as otherwise provided, the private improvements have been constructed to City standards, ordinances, and. policies, all. in accordance with approved fans. This shall be stamped and. signed by the Engineer of Record. Submit to the City.Engineer copies of the sewer video, forms,. and the inspection to Provide written verification from the Fire. Department that all gates., locks, and keys have been. installed or provided to their satisfaction My 11/06/19 CC AGENDA PACKET PG 205 Required Security TYPE OF labor & Materials/ Warranty/ SECURITY Performance Payment Maintenance WHEN When Developer submits executed Agreement When Developer Before Cify records REQUIRED and final map to..City for approval submits executed the NOC of the Agreement and final Improvements map to City for approval AMOUNT .OF 1007o of the total estimated .cost .of the 50% of the total 10.7o of the total SECURITY Improvements as .reflected in the Engineer's estimated cost of estimated cost of Estimate attached hereto as. E=xhibit C and the Improvernenis.as the Improvements. incorporated ,herein by reference. [" Engln..eer's reflected in the as. reflected in the Estimate"] attached Engineer's attached Engineer's. Estimate Estimate DATE OF Within 30 days. offer.City records a NCC of the 90 days after City 18 months after RELEASE/ Improvements; : but, if. City discovers that records. a NOC of recordation of the REDUCTION Developer performed. defective work or labor the Improvements NOC.of the. or furnished detective materials in comp1eting unless .C'ity. receives Improvements on a the Improvements or Developer damages the written noticethat public work. Improvements after City records the NOC, the an .action or stop 12 months after Security will be released only affer Developer notice. has. been recordation of the has repaired or replaced the defective or filed related f the NOC of the damaged Improvements to City's.satisfaction. construction of the Improvement on Improvements, in private works unless When submitted to City, the. Performance which case the City notified that Security, .on its face, must .be effective for no Security, at warranty issues exist Fewer than. 18 months after the. Effective Date Developer's .request, on the Project. of this Agreement and subject to the. may be reduced to requirements :of.this section. City may, in its sole an amount not less discretion, authorize a reduction of the.. face than the total of all value of the Performance Security, if requested. claims :on Which :an. by Devefop.er, once the Improvements erre action or stop notice sufficiently completed to make: therm has been:flled operational and. usable as: a. public improvement. If the reduction is authorized, City will use. the Engineer's Estimate to: determine the amount of the reduction based on. the portion of the Improvements completed; but,in. no case, will City authorize a reduction of the face value of the Security below 50% of the originally required.amount. EXHIBIT B 11/06/19 CC AGENDA PACKET PG 206 BOND ESTIMATE for City of Bakersfield Date: 10/11/2019 TRACT NO, 7288-3 Job No: 2750x Prepared By: LM Item No. Item Description Qty Unit Unit $ Item $ % Complete Remaining 1. Excavation (under 10,000 c.y,) Storm Drain Improvements 2. 18" Storm Drain 3. Type A Catch Basins 4. Manhole Sewer Improvements 5, 4" Sewer 6. 6" Sewer 7. 8" Sewer 8. 6" Clean Outs 9. Standard Manhole Water Improvements 10. 1" Water Service 11. 8" Waterline 12. 8" Gate Valve 13. 6" Fire Hydrant 14. Tie -In to Existing Main Street Improvements Local Streets 15, A.C. Paving (0.2) 16. Aggregate Base (0.4) Other 17. 6" Curb & Gutter 18, Sidewalk 19. Driveway 20. Street Lights - Mast Arm 5800 Lumen 21. Monument Encasement & Conc, Monument 22. Saw Cut TOTAL IMPROVEMENTS 20 % CONTINGENCY TOTAL 3,561 cy $25.00 $89,025 100% Subtotal 269 If $95.00 $25,555 100% $35.00 2 ea $5,000.00 $10,000 90% $1,000 2 ea $4,000,00 $8,000 90% $800 $2,200 $2,200 4 ea Subtotal $1,800 1,286 if $30.00 $38,580 100% $96 125 If $50.00 $6,250 100% 968 If $55.00 $53,240 100% 1 ea $650.00 $650 90% $65 4 ea $2,600.00 $10,440 90% $1,040 Subtotal $1,145 35 ea $1,100.00 $38,500 $38,500 1,010 If $35.00 $35,350 $35,350 1 ea $1,050.00 $1,050 $1,050 3 ea $4,000.00 $12,000 $12,000 2 ea $1,100.00 $2,200 $2,200 Subtotal $88,100 481 tns $100.00 $48,100 $48,100 475 cy $70.00 $33,250 $33,250 1,896 If $25.00 $47,400 100% 4,238 sf $6.00 $25,428 $25,428 5,390 sf $9.00 $48,510 $48,510 3 ea $6,000.00 $18,000 $18,000 4 ea $750.00 $3,000 $3,000 32 If $3.00 $96 $96 Subtotal $176,384 $554,584 $268,389 $110,917 $53,678 $665,501 $322,067 ENFORCEMENT 16% OR $15,000 MAX (IF BOND) $15,000 �e�pFE55+0'y"�( Faithful Performance Bond Amountl $340,250 PQAT Labor & Materials Bond Amount $340,250 J � RCEE 59 The Minimum Amount for a Letter of Credit or Cash is $332,750 7 CIu1L�Q 1b V17 10% Warranty Bond Amount $ fi8,050 SOF CNS_* 10% Warranty Letter of Credit or Cash Amount $66,550 NOTES: 1. This is a Bond Estimate only and not to be used for pay or any other purpose. EXHIBIT C Prepared by Porter & Associates, Inc. 1200 - 21 st Street Bakersfield, CA 93301 Page 1 File: tract 7288 phase 3-13ond EstimateAs 11/06/19 CC AGENDA PACKET PG 207 rA IVSISSION BANCORP FCr TOPE ow•Ei-perience wow- -Ar you October 16, 2019 City of Bakersfield (Beneficiary) Department of Public Works 1501 Truxtun Avenue Bakersfield, CA 933.01: Re: Irrevocable Standby .Letter of Credit number 54-S8-20.19-3.1. (50% - Perfbrrnancc and Labor & Materials) For the account of: Amount- $332,750.00 Norris Road, LLC (Applicant). Expiration. October 5., 2021 We hereby establish our Irrevocable Standby letter of Credit number 54-St3=2019-3. I. in your favor; for the account: of Norris Road, LI -C, up to. the: aggregate. amoutit of Three I'lundred Thirty-Tw°o Thousand Seven Hundred Fifty and No/ I00ths US Dollars (US$332,750.00), This. amount .is.. available .by presentation of your draft(s) drawn on us; at sight and duly endorsed, accompanied by the.following l.) This original Letter of Cce.dit:and any amendments. u) A dated affidavit purportedly signed by .an authorized representative of the City of Bakersfield, certifyingthat`'Norris Road, IILC" is ill de.fau.lt relating to Tractf. aree.1, ap 7288 and that the amount..of the drawing is. die. and payable. Other Conditions: The City may present draws to pay for labor and materials. Partiat drawings are allowed. All •Draft(s) do drawn must bear the clause, "Drawtl under Mission Bank Irrevocable Letter.of Credit number- 54 -SB. -2019-3.1,. dated October 16, :201.9". If approved its writing by the. City of Bakersfield, the face amount of this.Letter of Credit may be reduced; provided; however, that the total reductions in the face amount may not exceed fifty percent. of the. face amount of this Letter of Credit, except where.necessary for City to cure Applicant's default as outlined above. until after the statutory lien period for making labor.and material claims has expired. All banking charges are for the account of the Applicant, We: hereby engage with you that drall so drawn shall be d.Uly .lionored upon presentation if drawn and negotiated in compliance with the terms hereof. Presentation of the documents. set.forth above must be sent via express courier to :Mission Bank, 1330. Ti•a�:tuzn Avenue, Bakersfield, CA 9330.1, and Attention: Scott Black nr Note Department, prior- to the expiration date. EXHUT D 1330 `I`ruxttin Avenue a 131kersfield, Cit 93301 a rest Office_ Bax:;517 + Bakersfic.id, CA 0 302 TeI 661.869.2500 9 I'`ax 6617859.2,516 11/06/19 CC AGENDA PACKET PG 208 MISSION BANCORP F Yet our Fwpenence ivork_ fiw parr." Except so far as otherwise expressly stated herein, this Letter of Credit is subject to the "International Standby Practices, 19.98 Edition (`ISNV) 1nten .rational Cham berof CommErce Publication No: 590". Sincerely, Michael Congdon Chief Credit Officer EXHIBIT D 1,330 `f'ruxtun Avvnue Bakerslieid, CA 93301 a ISosl ❑f.'fice Bor 31.7 + Bakersfield, C k 93302 Tel .061.859,MOO e Fax. 661.859.25.06 11/06/19 CC AGENDA PACKET PG 209 CERTIFICATE OF LIA THIS CERTIFICATE Is ISSUED AS A. MATTER OF INFORMATION QNL CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND BELOW: THIS .CERTIFICATE OF. INSURANCE DOES NOT CONSTITU REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE. HOLDER, IMPORTANT. If the cortificate holder .Is an ADDITIONAL INSURED, the If SUBROGATION IS WAIVED, subject to the terms and conditions of ti this certificate does. not confer rights to the certificate holder in :lieu of s PRODUCER Marsh Risk & Insoranre.SeMces 1701 Von Karmen A;wttis, Suite 1109 (949) 3WSWCI; License 904.37153 Wine, CA 92514 CNI 15094152•Wrap•GAWU-17-2p INSURED VOG Tamennd LLC Woadbddge.Pedfic Group, Inc. 27271 Las Rarriblas, Suite 29O Mission Viejo, CA 92091 BILITY INSURANCE I]ATEIMN!lDDFYYYYI 09?19,2N19 (.AND CONFERS NO RIGHTS UPON THIS CERTIFICATE HOLDER. THIS EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES TE A CONTRACT BETWEEN THE ISSUING. INSURER(S), AUTHORIZED 3011cy(ies) must have ADDITIONAL INSURED provisions or be endorsed, to policy, certain policies may require an endor.samerlt. A statement on Lich endorsernent(s), NTACT NAME: _._. PHONE RR% ..._._...... ADDRESS: -.- IFtSURERE3AFFgRO1NGCOVERAGE ! _ NruC p INSURER. A : F=irst NBr rI 1_1r'hte.�'Arn n ! 10657 INSURER B : Mio S°~uri Insurance-Cornpa�y 124p92 INSURER c :•'.nsuranceCorn anj 011he Vilest 27947 INSURER D .,W.�...,.__.—.,_..w..._...... ENSU RER E ENS UR ER F COVERAGES CERTIFICATE NUMBER: LO&DD2378493.11 REVISION NUMBER, 4 THIS IS TO CERTIFY THAT THE POLICIES OF 114S.URANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOLPREMENT, TERM dR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT To WHICH THIS CERTIFICATE. MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFF6R7ED BY THE: POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE `f RNZ,. EXCLUSIONS AND CONDITIONS OF SUCH:POLICIES..LIMaS SH WN MAY HAVE BEEN REDUCED BY PAID CLAIMS, NSR. .. ..-..--_....-:..........._..........-.AAf7L�51C✓HR`......�..........--...._._.............................�....._._..-----_....:..._...-._...-.-_.n_.-...-.......__....-......-.....-......-_.........-.... .......... :.7R TYPE DFINSURANCE PDGCYNUMBER M3rOSlLDIQ Y MIDd� YrYEYYY LI1iFIT5 '4 ); COMMERCIAL GENERAL LIABILtT'Y Vy`A�GL(Aw�O{7$.}7gd? 13�P57s717 ` it�:29:i72 EACH OCC .. .....__..-..-._....-_ .._... - --.. ..PRE5Ai SaaCeu!sPhca$ S y:'A .................. ............ ............._....... GEN'L AGGREGATELN1T:APPLit4 fE9: . _... -. POCKY ,. _..... PRD :.._._.. .........' .iECT _.... �.. .....: LOC C3TFIER�. 'OED RETENTIONS A u-roMDSI LE LIABILITY :.-.}1�.-'r ' BAS{20)5731482$ ANY. AUTO . C:YrNcp ... SCHEDUt.E7. :._X:... AI•rTGS ONLY; A17G'S HIRED H.k NON-wM15'? AUfQ5 G?NO( ..: AUTOS ONLY . ' I1M9RELLALiAS X.^i :iCwvR AEXCOCCu7753950': 7l: EXCESS LIAR •M LRl3n.5-h!AD: PERSONAL b ADV INJURY 'OED RETENTIONS 2.00 o:%Q WORKERS COMPENSATION 5nABA%7 f` ANII EMKOY E RS' LIAS ILfTY PRODUCTS,CO! P'OPAGG ........ ..._..-....... -----"-._.............. :ANYPROPRIETOP,''PARTNERIE)CEC,01-VE r --N . CFriCERrhIcA� ER XC4 ,OE -" N (Mandatory in NH) 1--� . if Y", tfl:S:.fbP un dw is1�1}t M1' :......... s......_ ........ ... .._...-_.-......_.--...--�. h!E_Q;E XP _Ani` tl.^•P PBfSe�Si, .._...5 -.. ...-.-......-... N,A PERSONAL b ADV INJURY . ; 2.00 o:%Q :GENERAL:SGGRE;ATE ,.-..-._..�....... ........ ......_._............. : S [:%O"•-cn,�� ...._......... ...-...._. PRODUCTS,CO! P'OPAGG ........ ..._..-....... -----"-._.............. S .. r._.... $ 7C:CF;2 '•5 (:6rC62-002+3 CDA F3lNED SINGLE .I.41 ET .ax:denI........ ........ $ is1�1}t M1' :......... SUDILY Ih:uRY SParpa-e�nS S. SCl01L.Y IMJtJRY if'9r a:C:d9ii E: -a .._..----....- ........_..._.............._. ❑RppF:i2TYQAAfA:iE -F ..... .:.........._.._... 5 ........_..... Pe.• scamp nli 1iI.28:293F �•�+. (; .�A +i 7CC:IRRf NCE S F C.'+r� AGGREGATE 5 6; vOAM 5 51 EACH A-CEOE:Ni'... "...__........ .5 .........._.... i j'lri�. v . E --__-.--- E.i_ {Tic EASE - POUC.Y iJMIT . 5 DESCRIPTION OFOPERATIONs, LOCATIONS I VEHICLES (ACORD 101. Additional AamarksSchodula, may fun attachod It mare spice Is roquiradl RE" TranMSPhase3 The City g} BaxersOe[o. fls naye; cau I! VXers: agenS: ej C Cyees a+'41 ;clttnlem are oarneW as addiTT,�riU insur_ds as ihsir ;nteref! app: ars Oe, wn; L^ evntramf insera^;e Vra m• pr +ary eni cnlrbulory. A*rkersComper,satidtE-waiver o+SutXcca:i^ .appiie;. CERTIFICATE HOLDER. CANCELLATION City eofR sr a SHOULD ANY OF THE ABOVE DESCRISEMPOLICIES BE CANCELLED BEFORE 1501 TruxtunManagementerTHE EXPIRATION DATE THEREOF, NOTICE WILL, BE DELIVERED IN S5Ci Ttuxtin Avenue ACCORDANCE WITH THE POLICYPROVISIONS. i3akersiield,.C.A 9a30s AUTH ORIZEO RE PR ESENTATiVE of Marsh Risk.& Insurance Services Pam Petersen 01988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2696103.) The ACORD.name and logo are registered marks of ACORD EXHIBIT E 11/06/19 CC AGENDA PACKET PG 210 WORP4ERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 ,Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT: BLANKET We have the right to recover our.payrnents from anyone liable for an injury covered by this policy. tNe will net enforce our right against the person or organization named in the Schedule_ (This agreement applies only to the extent that you perform work under. a written contract that requires you to obtain this agreement from us). The additional' premium for this. endorsement shail be otherwise due. Person or Organization ANY PERSON / ORG WHEN REQUIRED BY WRITTEN CONTRACT 3 % of the total California Wbrkers' Compensation premium Schedule Job Description ALL CA OPERATIONS Thls endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated: (The infonmation below is required only when this endorsement is issued subsequent . preparation -of the policy.) Endarsement.Effective OS/28/2019 Policy. No. WVE 5048497 04 Endorsen-ernt NO, Insured WOODI3RIDGE PACIFIC GROUP LLC Premium $ INCL. Insurance Company INSURANCE COMPANY OF THE WEST EXHJBIT E WC 99 06 34 �Ea; HO).. 11/06/19 CC AGENDA PACKET PG 211 POLICY NUMBER., WA -CGL -0000075378-01 COMMERCIAL GENEPAL LIABILITY CG 2018.0413 ADDITIONAL INSURED - MORTGAGEE, ASSIGNEE GFS DECEIVER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name .Of Person(s) Or Or anization(s) Desination Of Premises Any person or organization you Have agreed in a written — Premises covered under this policy when. required by antract to add as writtenconfract executed prior to the "bodily injury", An Additional Insured on your policy provided the written 'property darnage" or"personal and advertising injury" ontract is xecuted prior to the "Bodily Injury". "Property Damage" r "Personal and Advertising Injury" Information required to coni .fete this Schedule, if not shown above, will be shown in the Declarations, A. Section 11 — Who Is An Insured is amended to include as an additional insured the person($) or organization(s) shown in the Schedule , but.only with resp ect.to their Ii ability as mortgagee, assignee; or receiver and arising out.of the ownership, mai ntenance, or use of th.e premises by you and shown in the Schedule. However: 1. The insurance afforded to such additional insured only applies to the extent p .eririitted by law, and 2. If.coverage provided to the additional i nsured is required by a contractor agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for.:such.additional insured. B. This insurance does not apply to structural aIteratfons, new construction and demolition operations performed by or for that person or organization. C: With respect to the. insurance afforded to these additional insureds, the following is .added to Section III — Linn its Of Insurance: If coverage provided to the additional insured is required by a contract or.agreernent, the mmtwe will pay on behalf of the additional insured is the amount of insurance. 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown. in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of. Ins.urance shown in the Declarations. CG 2018 0413 © Insurance Services Office, Inc. 201.2 Page 1 of T EXHIBIT E 11/06/19 CC AGENDA PACKET PG 212 THIS ENDORSEMENT CHANGES T111; POLICY. PLEASE READ IT CAREFULLY, ADDINGIDELETiNG ENDORSEMENT This endorsernent m.odifses insurance proAded under the following.;. COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTfRAC TORS PR OTECTIVE L IA BILITY COVERAGE PART PRODUCTSICOMPLETED OPERATI0NS LIAHLITY COVERAGyE PART LIQUOR LIABILITY COVERAGE PART The following endorsemefit{s) are either added to, or deleted. From, the p011ay, the. effective date as of the date shown below, Ap2r= D DELETED FORM NUMBER & NAME x CG 20 12 (04113) - Al - STATE OR GOVERNMENTAL AGENCY OR SUBD)VISJON City of Bakersfield;. its mayor, officers, agents, employees and volunteers Risk Management office, 1501 Truxtun Ave. Bakersfield, CA 93301 Project; Tamarind projacL 59 Single Family DweliIng located at (7248-2 Lots '1-20 and 7248-3 Lots 1-84) on the 5W Corner aiWhitt Lane and Buena Vista Rd., Bakersfield, %CA. 93311 K FM IC GL 2085 (08115) - NOTICE OF CANCELLATION FOR SCHED PERSONS OR ORES City of Bakersfield, its mayfly, olf'CerS, agents, employees aria volunteers Risk Managerrient office 1501 'Tiuxtun Ave. Bakersfield CA 93301 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED, 'this endorsement farms a part of the Policy to which attached. effective on the inception date of the Policy unless otherwlse stated herein - (The following inrafmation is required only When this endorsement is issued subsequent to pmparation:of the Policy) Endorsement efi®ctive .021151.2[}18. Policy No WA -CGL -M00075376-01 Change No -1 Named Insured WPG Tamarind, LLC EXHIBIT E Countersigned by 1 iuiiC-GL-8200 (11/2011)iAfAhaftad Represeniative} Page e 1 of 1 11/06/19 CC AGENDA PACKET PG 213 COMMERCIAL GENERAL LIABILITY CG 20/20413 THIS ENDORSEMENT CHANGES THE PbL1CY. PLEASE REA€] IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION -- PERMITS OR AUTHORIZATIONS This erndorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision .Or Political Sub divislon. City Of Bakersfield, its mayor, Officers, agents, employees and vo,ynteers Risk Management office, 1501 Truxtuh Ave. Bakersfield, GA.933d1 Project: Tamarind project, 59 Single Family Dwelling located at (7248-2 Lots 1-2.0 and 7248-3 Lots 1-34) on the SW. Corner of White Lane and Buena Vista Rd.., Bakersfield, CA 93311, information ne oired to complete this Schedule if not shown above Wit be shown in the Declarations, A. Section If — Who Is An Insured is amended to include as an additional insured any .state or goveMrme.ntal agency or subdivisian or political suddrvision shown in the Sdhedule, subject to the following provisions.. 1. This insurance applies only with respect to operations performed by you. or on your behalf for which the state or govetr mental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a. contract or .agreement, the insurance afforded to such additional insured viii not be .broader than that which. you aie required by the contract or agreement to provide for such additional insured. 2. This insurance .does not apply fol a.. "Bodlly injury;" "property damage" or "Personal and advertising injury" arising out of operations performed for the federal government, state or muNdpa]ityr or b. "Bodily injury" or "property damage` included within the "products -completed operations hazard." B, With respect to the insurance afforded .to these additional insureds,. the following is added to Section I1] — Limits Of Insurance:. If coveragge provided to the .additional insured is required by a contrad or agreement, the most we Will pay on behalf of the additional insured is the amount of insurance: 1. Required by the. contract or agreement; or 2. Avaitabte under the applicable Limits of Insurance shown in the Declarations; whichever is fess: This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations, CG 20 12 84'13 9) insurance Services Office,. Inc.,:2012 Page 1 of 1 EXHIBIT E 11/06/19 CC AGENDA PACKET PG 214 THIS ENDORSEMENT CHANGES THE POU ICY .PLEASE REAL} IT CAREFULLY NOTICE OF CANCELLATION FOR SCHEDULED PERSONS OR ORGANIZATIONS This endorsement modifies insurance. provided under the Following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE FORM Schedule Person or Organization and Address City of Bakersfield., its mayor, ofnceis; agents, employees and volunteers Risk Management office 1561 Truktun Ave. Bakersfield, CA 93301 A. It we cancel this policy for any reason other than nonpayment of premium, we will endeavor to provide -30 days .notice -of canceliation to the person(s) ar orgari'szation(s) shown in the Schedule of this endorsement. The reotice will he sent to the corresponding address shown.in the Schedule. B. Our delivery of notification of Cancellation ..described in Paragraph A. above is intended aS a courtesy only. We have no obligation to do so, nor d❑ we have an obligation to provide such notification within the timeffame that you may have agreed upon with the persons) or organizaticn(s) shown In the Schedule. Ourfalfure to provide. such notification will not. 1: Extend the Policy cancellation date, - 2. Negate the cancellation as to any insured or any person or organitatton shown fn tha. Schedule; or 3. Provide any additional insurance that would not gave been. provided in the. absence of this endorsement. C. We are not responsible. for the. accuracy., completeness, integrity, timeliness or validity of information captained in the lists{s} referenced above. ALL OTHER TERMS AND CONDITIONS OF THIS POL€CY REMAIN UNCHANGED. This endorsement farms a pan of the policy to which attached, effective on the inception date of ;he Policyunless niherwise stated herein. (The fol towing information is required only when this endorsement as issued subsequent to preparation of the POI icy..) 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IV e v !-(L9)-. i 9 m W w 37' Gi W & 00p'i `.✓' / %. t �/ Cv�/ // N �`•�hWo(39'Z<0 / �'✓ / � ��`, nn'ry Ik ' FS m Q- � tFN o ^• "P/. / e J 0/ /; // /I //• `° 8 M,y�ppo" 0 tRg .oE,G ry ':s 9rrr� ~ m ! b�F.e4, m `., mo / •`�' I%rzFro zcJr/ M *8 yea M m 09¢ / Ap / ppor� / / 1.FrF9 m ,eoyN^n tcry •� `�FZFN S2 �,5� / �'/YET/' / A- // nnnp o hn 6FZ9 MFZ� p,,bd p x• I Q /� `°" o `3 MF2Zf, I Q / OJ QM Fp J / <pe /UM1 tF Li // coo /o /d)3 K W N N..q� / ( awZ S"• F / 0ry a 00- �Gy/ 11/06/19 CC AGENDA PACKET PG 218 n Q w J U N Z0 Z 11/06/19 CC AGENDA PACKET PG 219 �z� Q W V1SIA VN3ne Q o(o NOLVIS Z w 6L l0—� l o M �N o ons I TROd F Vll z l 10l p �j J J J Q U') a� / Os �"V,ry��, U w AZ z U o� LLI H � 0� �P=�P Of w n Q w J U N Z0 Z 11/06/19 CC AGENDA PACKET PG 219 t✓ BAKERSFIELD THE SOUND OF c5 W&4*W fVRW ADMINISTRATIVE REPORT MEETING DATE: 11/6/2019 Consent — Bids j. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DAT E: 10/21/2019 WARD: SUBJECT: Extend bid from Gibbs Truck Center, Bakersfield ($456,695.28) for the purchase of two asphalt -patching trucks for the Streets Division. STAFF RECOMMENDATION: Staff recommends extension of bid BACKGROUND: On June 20, 2018, Council accepted the bid from Gibbs Truck Center, Bakersfield, for the purchase of a replacement asphalt patching truck. The specifications included a provision whereby, with the written approval of both the bidder and the City, the City may purchase additional units for an additional seven years, with price adjustments due to increases in the Consumer Price Index (CPI). Additional units purchased for a period of twelve months after acceptance of the bid are to be offered at the same per unit cost. On September 19, 2018, Council approved an extension for one asphalt patch truck at the original bid amount, no increase. Gibbs Truck Center has offered to extend their bid price with a 2% increase for this purchase, which is below the CPI index amount of 2.3%. The adjusted unit price will be $228,347.64; total amount for two units is $456,695.28. This purchase will replace trucks that are more than eleven years old that have been deferred for replacement in previous budget cycles. Funds are budgeted in the Equipment Management Fund for this purchase. Staff recommends extension of the bid from Gibbs Truck Center, Bakersfield, and approval of the purchase. 11/06/19 CC AGENDA PACKET PG 220 t✓ BAKERSFIELD THE SOUND OF c5 W&4*W fVeW ADMINISTRATIVE REPORT MEETING DATE: 11/6/2019 Consent — Bids k. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DAT E: 10/23/2019 WARD: SUBJECT: Accept bid from Saitech Inc. ($119,995.13) for Dell Optiplex 3070 computers for the Technology Services Division. STAFF RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Bids were solicited for replacement desktop computers. Eleven bids were received in response to the solicitation. After bids were opened, the low bidder, Nettradez dba Ur1 Stop realized they had misunderstood the bid specifications and have requested to withdraw their bid. Staff has reviewed their request and recommends allowing them to withdraw their bid. The next lowest bid received from Saitech Inc. is considered acceptable by staff. This purchase will replace 150 desktop computers for staff in various City departments as part of the normal 4 -year replacement schedule. The eleven bids, including the rescinded bid are as follows: BIDDER AMOUNT Nettradez dba Ur1 Stop, Rolling Meadows, I L $109,128.00 Bid Rescinded Saitech Inc., Fremont, CA $119,995.13 The Horus Group LLC, Rowlett, TX $157,327.39 Can -Am Wireless LLC dba Can -Am IT Solutions, Irving, TX Hypertec USA Inc. (Hypertec Direct), Tempe, AZ Data Connect Enterprise Inc., Olney, MD Adirondack Networks, Utica, NY Mvation Worldwide Inc., Glen Cove, NY $157,937.39 $163,758.44 $166,782.00 $167,850.00 $170,175.50 11/06/19 CC AGENDA PACKET PG 221 MK Management Inc. dba Compudirect 3000 Inc. $171,594.65 Laguna Hills, CA B & H International LLC, Bakersfield, CA $179,180.81 Howard Technology Solutions Ellisville, MS $198,747.00 Funds are budgeted in the Equipment Management Fund to complete this purchase. Staff finds the bid submitted by Saitech Inc., Fremont, CA to be acceptable. 11/06/19 CC AGENDA PACKET PG 222 t✓ BAKERSFIELD THE SOUND OF c5 W&4*W fVeW ADMINISTRATIVE REPORT MEETING DATE: 11/6/2019 Consent — Bids I. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DAT E: 10/23/2019 WARD: Ward 2 SUBJECT: Accept bid and approve contract to California Waters Development, Inc., dba California Waters ($431,614) for pool filter renovations at McMurtrey Aquatic Center and Jefferson Park pool. STAFF RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: Bids were solicited for pool filter renovations at McMurtrey Aquatic Center and Jefferson Park Pool. Four bids were received in response to the solicitation. The sand filters at McMurtrey Aquatic Center and Jefferson Park pool have developed leaks and replacement parts are difficult to obtain because the manufacturer of the current equipment has gone out of business. Replacement of the entire bank of sand filters at both pool locations will restore functionality of the system and will eliminate potential damage to the facilities that could result from continued use of the old equipment. The new pool filter systems will include a 5 -year warranty. The four bids received are as follows: BIDDER AMOUNT California Waters Development, Inc. dba California Waters $431,614.00 Yorba Linda, CA SCP Distributors LLC dba Lincoln Aquatics $442,484.59 Concord, CA Waterline Technologies, Inc. $448,826.00 Santa Ana, CA California Commercial Pools, Inc. $465,000.00 Glendora, CA 11/06/19 CC AGENDA PACKET PG 223 Funds are budgeted in the Recreation and Parks Department's Capital Improvement budget for this project. Staff finds the bid submitted by California Waters Development, Inc. dba California Waters to be acceptable and recommends approval of the contract in the amount of $431,614. ATTACHMENTS: Description Type D Agreement Agreement 11/06/19 CC AGENDA PACKET PG 224 AGREEMENT NO.; CONSTRUCTION PROJECTS AGREEMENT This CONSTRUCTION PROJECTS. AGREEMENT ("Agreement") is made and entered into on ("Effective Date"), by and between the CITY OF BAKERSFIEL©, a municipal corporation ("CITY"), and CALIFORNIA WATERS DEVELOPMENT, INC. dba CALIFORNIA WATERS (o California Corporation) ("CONTRACTOR".).. RECITALS WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced and well qualified in the. field of pool renovations; and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to retain CONTRACTOR for pool filter renovations of McMurtrey Aquatic Center and Jefferson Parr. Pool (Project"), :as set forth herein. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as.follows: "I. SCOPE OF WORK. 1. 1. In exchange for the Compensation (defined below), CONTRACTOR must perform. the work outlined in the Special Provisions for the Project ("Scope of Work"). 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. The following documents are incorporated herein as. if fully set forth: Invitation to Bid No. 19=20=29 r Special Provisions Bid Security Bid Proposal r Non -collusion affidavit Contractor Certification Regarding Debarrment Y Workers Compensation lnsurance .Certification Statement of OSHA Compliance. Statement of Compliance with Insurance Requirements CON S1RUCTIC)N PROJECTS AGREEM ENT - 5:VUP:CI4Is, AnrJer"erih 19-2QPooikvtrsrRenova Tors. ;P,2u ter.00lforr:aw'aters OCmobef 9, 2019 Page 1 of 12 11/06/19 CC AGENDA PACKET PG 225 r Performance Bond :i� Material and Labor Bond Letters of transmittal, if any All provisions required by law to be inserted in this. Agreement whether actually inserted or not Current State of California DA5 140 Form (if required by Specifications) Drawings, if any Public Contract Code § 22300 (Escrow Accounts.) r Current State of California DIR. -- PWC 100 Form 1.2. It CITY is receiving federal -aid for the construction of all or a portion of the Project, CONTRACTOR must physically incorporate all federally required contract provisions, including Form FHWA-1273, in their various subcontracts and purchase orders for the federally funded portions of this Project. CONTRACTOR acknowledges that failure to incorporate Form FHWA- 1273. into. those subcontracts and purchase orders will jeopardize CITY`s eligibility for federal -aid funding. In the event of noncompliance in regards to this requirement; CONTRACTOR. will be required to correct the noncompliance.. CITY will withhold payment for subcontracted work involved with the noncompliance from progress payments. due, or to become due, until correction is made. Failure to comply may result in termination of this Agreement. 2. COMPENSATION PAYMENT PROCEDURE. 2.1. Subject to the conditions of this section, CITY will pay CONTRACTOR for performing the Scope of Work as defined in the. Bid Proposal and in accordance with. the Special Provisions applicable to this Project, in an amount not to exceed FOUR HUNDRED THIRTY ONE THOUSAND SIX HUNDRED FOURTEEN DOLLARS ($431,614) ("Compensation"). The Compensation shall be the total compensation under this Agreement including, but not limited to, all out -of --pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. 2.2. For projects falling under Title 49 Code of Federal Regulations (CFR) Part 26.29, CITY shall. not require the withholding of any. retention from CONTRACTOR. CONTRACTOR agrees that it will not cause retention to be withheld. from subcontractors working under this Agreement which are subject to the provisions of 49 CPR Part 26:29. For projects; or any. severable parts of a project under Federal law, which do not fall under 49 CFR Part 26.29, CITY shall retain fen percent from CGNSMUCrlQN PROjECT5 AGREEMENT m Page 2 of 12 5"N"UkCPlA$':'`I ;iFUk,!11{ Ki AA \AgreE.m;lnis !9-2s':�F'ool F•;::Cr kerYq.lvx; Hop s. 19- �n. C.pplriinfti ^,'n-er] October 9. 20'.9 11/06/19 CC AGENDA PACKET PG 226 payments to CONTRACTOR, unless otherwise prohibited by law. 3. SCHEDULING. When required by CITY in contract bid documents, or upon reasonable notice, CONTRACTOR shalt 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 those schedules to be undated or revised on a regular basis. CITY may require recovery schedules if CONTRACTOR falls behind. the Project schedule. CITY's review or comment on fhe schedule shall not constitute acceptance thereof. 4. STARTING WORK. CONTRACTOR shall not begin work. until authorized to do so in writing by CITY. No work.will be authorized .before the Effective Date. 5. TERMINATION. 5.1. This Agreement may be terminated as set forth in the Special Provisions for this Project. If.no terminafion.clauses are included in the Special Provisions, this Agreement may be terminated for CONTRACTOR default. The following circumstances shall be deemed a CONTRACTOR default: 5.1.1. A material breach of the contract where CONTRACTOR fails to :cure the breach within ten days after CITY provides notice of the breach; provided, however, if the breach cannot reasonably be cured within ten days, CONTRACTOR must have taken significant steps to. cure the breach including, without limitation, providing a written. plan acceptable to CITY to cure the default and immediately beginning to Gare the default, 5.1.2. CONTRACTOR's violation of any law, statute, regulation, rule,. .ordinance., permit or order of any governmental agency applicable to the. Project if CONTRACTOR does not cure the violation within ten days after CITY provides notice of the violation and demands a cure; 5.1:3. 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; and 5.1.4. CONTRACTOR fails: to adequately respond in writing fo .CITY's written demand for adequate assurances within ten days with CONSTRuCWN PROAUS.AGREE ENT- Page 3 of 12 �:�P�RCtiAS€"1 C,�eUKCiiiKi.'v:4A��r�ric-n!r 19-��1�'40! c�r�rRen:+va3icrs, }9•��=�9. Cc�ifnrr!a Wo!crs October 9..2019 11/06/19 CC AGENDA PACKET PG 227 all necessary information to assure CITY that CONTRACTOR has the financial and other necessary resources to perform the contract without breach. CONTRACTOR's failure to. provide all information requested by CITY will be a material breach of this Agreement. 5.2. in the event of termination by CITY as set forth above, CONTRACTOR shall remain fully liable for any work not completed, liquidated damages (as set forth in the Special Provisions), delays by follow up .contractors, materials and equipment provided, designs. commenced through the date of termination, and consequential damages. CONTRACTOR will immediately deliver to CITY possession. of the work including all designs, engineering, project records, cost data, drawing specifications and contracts,. and construction supplies and aids dedicated solely to performing the work. CONTRACTOR shall assign all subcontracts to CITY; however, CITY may accept or reject those subcontracts at its.sole discretion. 5.3. 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 termin.ation and reasonable compensation for work actually .performed to the date of termination. No.ofher Compensation shall be due CONTRACTOR for termination for convenience. 6. COMPLIANCE WITH ALL LAWS. 'CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, Slate, 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 .rind Federal statutes, rules or regulations, and permitting requirements now in force or width may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02.) where required. 7. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR's performance of the: Scope of Work 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. C0W181RUC:T10N PR0AECTS AGREEMENT_ Page 4 of 1.2 5:1`'.RV A tNCtFUR--�KUA A]`et,-MPrv0; i9-20;Pc4'f-i`:;erkertovc'ior%t, CaliFor r'.u.Wac cy; Goober 9, 201 9 11/06/19 CC AGENDA PACKET PG 228 8. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described. herein are performed. 9. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary.to perform the services under this Agreement. 10. 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 and perform the Scope of Work. If CONTRACTOR is, a corporation., at least one officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one partner shall hold the required licensees or professional degrees.. 11. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR'S profession. in California. 12. SB 854 COMPLIANCE. To the extent Labor Code Section 1.771,1 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 24103.5 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 contra cfor 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. 13. 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 of a later time,. and shall. not serve to vary the terms of this Agreement. 14. INSURANCE AND SECURITY. 14.1. Types and Limits of Insurance. In addition to any other insurance or CONS RUC-nON PkaJEC25 AGREEM[N'( - Page 5 of 12 \Ap:eern�2rft i9.20',¢ao: R!0!H9r;f:vC:1i:?r$, October 9, 2019 11/06/19 CC AGENDA PACKET PG 229 security required under this Agreement, CONTRACTOR must procure and maintain; for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"). 14.1.1. Automobile liability insurance, providing coverage far owned, non -owned, and hired autos 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 $1,000,000 per occurrence. 14.1.2. Commercial general liablifty insurance, unless otherwise approved by CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with. limits of not less than $ I ,000,000 per occurrence. The policy must: 14.1.2.1. Provide contractual liability coverage for the terms of this Agreement; 14.1.2.2. Provide products and completed operations coverage, 14.1.2.3. Provide premises, operafions, and mobile equipment coverage; and 14.1.2.4. Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated. volunteers. 14.1.3. Workers' compensaflon insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700,.everycontractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 18.61, CONTRACTOR must submit to CITY the following. certification before beginning any work on the Improvements: I am aware of fhe provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such cotisiRumd ; r'ROJEcIs AGRFEMEM r Page 6 of .12 S.�PII.R.E;HA'.ilr;��PiJ,�(}{;K: Ns �!1^�r��r:7E�nis 19•li]EF'Vci ril�r �;,-!�•,.olic!!s. P9 -?0 -?4, C!u'siSC!r;ia WpfP[5 October 9. 7019 11/06/19 CC AGENDA PACKET PG 230 provisions before commencing the performance of the work of this contract. By executing this Agreement, CONTRACTOR is submitting the certification required above. The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated. volunteers. 14.2. General Provisions Applyincl to All insurance Types. 14.2.1. All policies required of CONTRACTOR must be written on a first -dollar coverage basis, or contain a deductible provision. Subject to CITY`s advance approval, CONTRACTOR may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may 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.. 14.2:2. All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurande maintained by CITY and its. mayor, council, officers, agents, employees, and designated volunteers must be excess of CONTRACTOR's insurance and must not :contribute with if. 14.2.3.. The insurance required above— except for workers' compensation insurance, must be.placed with insurers with a Best's rating as approved by CITY's Risk Manager,. but in no. event less than A-:Vli. 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 CITY in writing. 14.2.4. The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as CON57RUCT)ON PROjEms:AGREEMENT_. Page 7 of 12 $:1''UHr'F4ASlh}G\r'JR::fi\KIN; tiRgtee mJnis Re C; i- r -2S. C;2i;;crnr�y�sia, October 91 2019 11/06/19 CC AGENDA PACKET PG 231 evidenced by CiTY's: written acceptance. All policies must provide. that there will be continuing liability thereon, notwithstanding any recovery on any policy. 14.2.5. lull compensation for all premiums which the CONTRACTOR is required to pay to satisfy the Basic Insurance Requirements shall be considered. as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be madatherefor or for additional .premiums which may be required by extensions of the policies of insurance. 14.2.6. It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be. limited to or affecfed by the amount of insurance obtained and carried by CONTRACTOR in connection with this Agreement. 14.2.7. Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions: of this section. 14.3. Security. CONTRACTOR shall provide performance and labor and material securify in amounts and in a form suitable to CITY. CITY shall approve in writing all such security instrumentsbefore CONTRACTOR begins to perform the Scope of Work. 15. THIRD PARTY CLAIMS. In the case of public works confracfs, CITY Will timely nofify CONTRACTOR cf third party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, ail costs of notification. 16. INDEMNITY. CONTRACTOR shall 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 CONTRACTOR or 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, excepf for CITY's sole active negligence or willful misconduct. CONSTRUCTION PROACTS AGREEMENT— Page 8 of 12 5;\P URbHASiNG�PURC�1VIh.Lrrler^ RoG! riitu Renovcrcns, I9-20.7':, WuierS ctoher 9; 2019 11/06/19 CC AGENDA PACKET PG 232 17. REMEDIES. The remedies provided in this. Agreement are cumulative and are in addition to any other remedies in low 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 constructionm site at any time and CONTRACTOR shall make all areas of the construction site available to inspection including, without limitation, any construction trailers or offices at the site and all plans, drawings, documents, schedules, photographs and other documentation relating to the Project. 19. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop notices or liens to be filed on the Project and shall pay all costs and fees to CITY, including without limitation attorneys fees., incurred by CITY because of the filing of any such stop notice, lien or legal action relating thereto. CONTRACTOR agrees that CITY may withhold from any funds held by CITY concerning CONTRACTOR's performance of the .Scope of Work amounts sufficient to cover costs and fees, including without limitation attorney's fees, incurred by C€TY because of. the filing. of any stop notice, Iien, or legal action relating thereto. 20. 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, clairrms, damages, demands, liabilities,. losses, Obligations, or reckonings of any kind or nature whatsoever; for compensatory or exemplary and punitive damages, or declaratory, equitable or injuhctive .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.. 21. 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 years from the date of the final payment hereunder; and made available to CITY representatives upon .request at any time during regular business hours. 22. BINDING EFFECT. The rights and obligations of this Agreement shall inure to CC) NS TR UCTI ON PROJECTS AGREEMENT -- Page 9 of 12 .S:�sy..lF'a'CRAY!NGjRUPC`10QMn AyrCmm_a'S 19-20VO 'rl';'.ff Rerinli[Ilikn1: I9-Fx•29, C&;o&::;'L' otj7 K . October 9, 2019 11/06/19 CC AGENDA PACKET PG 233 the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 23. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants 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. 24. COUNTERPARTS. 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. 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. 26. 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. 27. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. 28. 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 shall be brought in Kern County, California. 29. INTERPRETATION. Whenever the context so requires, the masculine gender includes. the feminine and neuter, and the singular number includes the plural. 30. 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 a writing approved and signed by all the parties. If any modification of this Agreement results in total Compensation which exceeds $40,000, the C0 N' STR d CTION PR 03 ECT$.AGRE—WEN T— Page ] 0 of 12 5:1,11DWC. SAS? N3�? U Cf?Vilvi'"Agreemerd=_ pool1,4w Renov-l':.rrs. ;4 -?D -?9, ca i!a�v woIejs . October 9, 7.019 11/06/19 CC AGENDA PACKET PG 234 modification must be approved by the City Council. 31. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090) . 32. 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 effecfive 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 CITY HALL 1600 Truxtun Avenue Bakersfield, California 93301 CONTRACTOR: CALIFORNIA WATERS DEVELOPMENT INC dba CALIFORNIA WATERS 23311 E. La Palma Ave. Yorba Linda, CA 92887 33. RESOURCE .ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 34. TITLE TO DOCUMENTS. All documents,. plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property. 35. CONTRACTOR'S LICENSE INFORMATION.. License Number 958960 Expiration pate 03/31/2021 License Classification A, C53. 36. TAX NUMBERS. CONTRACTOR's Federal Tax. ID Number 27-4953481 CONTRACTOR is a corporation?Yes X No (Pl.ease check one,) CQNSTRUCVON POW ECTS AGRECMENT - SAPuRt:H.OI�Gj'(.:.Fr\<W lApreerranfs r9:2i;LPixi T=iller Ren::vans, iy -19, C07,rniR',vcie October 9.,201 . 9 Page 11 of 12 11/06/19 CC AGENDA PACKET PG 235 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, as of the Effective Date. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARG City Attorney By: 7 ') C JOSHUA H RLIDNICK eputy City Attorney APPROVED AS TO CONTENT: RECREATION AND PARKS DEPARTMENT A I�W� 41ANNE HOOVER Recreation and Parks Director COUNTERSIGNED: By: RANDY McKEEGAN Finance Director "CONTRACTOR" CALIFORNIA WATERS B� .- PRINT NAME: Q' A Title: 0O's I Insurance: CONSTRUCTION PROJECTS AGREEMENT - S:\PURCHASING\PURCH\KIM NAgreemen[5 19-20\Pool Filter Renovations, 19-24-29. California waters October 9, 2019 Page 12 of 12 11/06/19 CC AGENDA PACKET PG 236 t✓ BAKERSFIELD THE SOUND OF c5 W&4*W fVeW ADMINISTRATIVE REPORT MEETING DATE: 11/6/2019 Consent — Bids m. TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DAT E: 10/24/2019 WARD: SUBJECT: Purchase of a service truck for the Wastewater Division 1. Accept bid from Jim Burke Ford, Bakersfield ($67,855.77) for a replacement service truck. 2. Appropriate $23,000 Sewer Enterprise Fund balance to the Public Works Department's Operating Budget within the Equipment Management Fund to fund the purchase. STAFF RECOMMENDATION: Staff recommends acceptance of bid and approval of the appropriation. BACKGROUND: Bids were solicited for a 13,000 gross vehicle weight service truck for the Wastewater Division. Two bids were received in response to the solicitation. This equipment is outfitted with a service body and crane unit, which is utilized by a Wastewater mechanic for the removal and repair of pumps. The equipment to be replaced is 18 years old and has been deferred from replacement in previous budget cycles. Funds in the amount of $45,000 are budgeted in the Equipment Management Fund for this purchase. An appropriation of $23,000 from the Sewer Enterprise Fund balance is necessary to complete the acquisition. The $23,000 will be recouped within the Equipment Management Fund through future fleet rental rates. The two bids received are as follows: BIDDER AMOUNT Jim Burke Ford, Bakersfield $67,855.77 Three Way Chevrolet, Bakersfield $70,876.24 Staff finds the bid submitted by Jim Burke Ford, to be acceptable and recommends approval of the purchase and appropriation of funds necessary to complete the purchase. 11/06/19 CC AGENDA PACKET PG 237 11/06/19 CC AGENDA PACKET PG 238 t✓ BAKERSFIELD THE SOUND OF c5 W&4*W f'r RW ADMINISTRATIVE REPORT MEETING DATE: 11/6/2019 Consent —Miscellaneous n. TO: Honorable Mayor and City Council FROM: Dianne Hoover, Director of Recreation and Parks DAT E: 10/21/2019 WARD: SUBJECT: Fiscal Year 2018-2019 Annual Compliance Report for Park Impact Fees prepared in accordance with California Government Code §66006. STAFF RECOMMENDATION: Staff recommends to make available to the public the Fiscal Year 2018-2019 Annual Compliance Report for Park I mpact Fees. BACKGROUND: Attached is the City of Bakersfield's Annual Compliance Report for Park Impact Fees for the fiscal year ended June 30, 2019 prepared in compliance with California Government Code Section 66006. On November 7, 1990, City Council adopted a park development and improvement fee program for the purposes of developing and improving parks and recreational facilities serving the residential development within the City of Bakersfield. Fees are collected based on the development's share of cost to develop, improve, construct or enhance a public park. On April 19, 1995, City Council established an orderly process for the dedication, reservation and acquisition of park land within the City of Bakersfield for the purpose of supplying public parks and recreation facilities. The sub divider shall dedicate, reserve land, pay a fee in -lieu, or a combination thereof, at the option of the Advisory Agency, for park or recreational purposes. Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information as outlined in this Code Section. The attached Annual Compliance Report provides this information. After the public review period, the Annual Compliance Report will go before the City Council at the December 11, 2019 meeting for review of the Report. Pursuant to Government Code Section 66006, a local agency shall review the information made available to the public at the next regularly scheduled public meeting but not less than 15 days after this information is made available to the public. Therefore, no City Council action is required at today's meeting other than 11/06/19 CC AGENDA PACKET PG 239 to make the information available to the public. ATTACHMENTS: Description Type ❑ FY2018-2019 PIF Annual Compliance Report backup Material 11/06/19 CC AGENDA PACKET PG 240 BAKERSFIELD THE SOUND OFC5WAMf CITY OF BAKERSFIELD FISCAL YEAR 2018-2019 ANNUAL COMPLIANCE REPORT FOR PARK IMPACT FEES Prepared in accordance with California Government Code §66006 11/06/19 CC AGENDA PACKET PG 241 CITY OF BAKERSFIELD ANNUAL COMPLIANCE REPORT FOR PARK IMPACT FEES (California Government Code § 66006) FY 2018-19 MAVr)R Karen Goh CITY COUNCILMEMBERS Willie Rivera Councilmember, Ward 1 Andrae Gonzales Councilmember, Ward 2 Ken Weir Councilmember, Ward 3 Bob Smith Councilmember, Ward 4 Bruce Freeman Councilmember, Ward 5 Jacquie Sullivan Councilmember, Ward 6 Chris Parlier Councilmember, Ward 7 Submitted by Alan Tandy City Manager 11/06/19 CC AGENDA PACKET PG 242 CITY OF BAKERSFIELD Alan Tandy Virginia Gennaro Art Chianello Anthony Galagaza Dianne Hoover Phil Burns Lyle Martin Nick Fidler Randy McKeegan EXECUTIVE STAFF City Manager City Attorney Water Resources Manager Fire Chief Recreation and Parks Director Interim Development Services Director Police Chief Public Works Director Finance Director 11/06/19 CC AGENDA PACKET PG 243 Annual Compliance Report for Park Impact Fees (California Government Code § 66006) Table of Contents Page Introduction................................................................................................. 1 Summary of FY 2018-19 fiscal activity.............................................................. 1 Annual reporting requirements....................................................................... 2 Descriptionof fee......................................................................................... 3 Amountof fee.............................................................................................. 3 Beginning and ending fund balance............................................................ 4 Fees collected and interest earned............................................................... 4 Public improvements.................................................................................... 4 Estimated timing of projects........................................................................ 4 Inter -fund transfers/loans............................................................................. 4 Refunds...................................................................................................... 4 Public improvements.................................................................................... Attachment A Estimated timing of projects........................................................................ Attachment B Park Zone Map.......................................................................................... Attachment C 11/06/19 CC AGENDA PACKET PG 244 Introduction Development Fee Types As new residents move into the City of Bakersfield, they will require additional park and recreation services and capital facilities. In order to ensure that new development does not reduce the current level of service, the City of Bakersfield can charge new development to cover the cost of providing additional parkland and park facilities. Park development fees can be charged under two California Statutes; the Park Acquisition Fees (Quimby Act) and Park Development/Improvement Fees. Park Development/Improvement Fee: On November 7, 1990, Council adopted a park development and improvement fee program for the purposes of developing and improving parks and recreational facilities serving the residential development within the City of Bakersfield. Fees are collected based on the development's share of cost to develop, improve, construct or enhance a public park. Park Acquisition Fee: On April 19, 1995, Council established an orderly process for the dedication, reservation and acquisition of park land within the city for the purpose of supplying public parks and recreation facilities. The subdivider shall dedicate, reserve land, pay a fee in -lieu, or a combination thereof, at the option of the Advisory Agency, for park or recreational purposes. Government Code Section 66006 requires that the local agency shall, within 180 days after the last day of each fiscal year, make available to the public specific information. The specific information to be made available to the public is summarized on Page 2 of this Report. Pursuant to Government Code Section 66006, after the information contained in the Report is made available to the public, the Council shall review the information in the Report at the next regularly scheduled public meeting. However, the public meeting must occur not less than 15 days after the information contained in the Report is made available to the public. Summary of FY 2018-19 Fiscal Activity Fund Balance -Beginning 7/1/2018 Revenues Park Development and Acquisition Fees North of the River Recreation and Parks Interest Income Total Revenues Expenditures Capital Projects Total Expenditures Fund Balance - Ending 6/30/2019 Park Improvement Fund* South/Southwest Zone 1 Central Zone 2 Northeast Zone 3 NOR Total $ 5,021,083 $ 209,174 $ 52,354 $ - $ 5,282,611 1,796,578 301,786 106,240 2,204,604 226,554 226,554 129,588 24,393 32,131 61,860 247,972 2,679,130 *http://www.bakersfieldcity.us/gov/depts/finance/cafr.htm 2,656,193 200,497 10,944 202,042 3,069,675 3,069,675 4,291,056 $ 334,856 $ 179,782 $ 86,372 $ 4,892,065 1 11/06/19 CC AGENDA PACKET PG 245 Government code Section 66006 (b) (1) sets forth the annual compliance reporting requirements as: For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year: (A) A brief description of the type of fee in the account or fund. (B) The amount of the fee. (C) The beginning and ending balance of the account or fund. (D) The amount of the fees collected and the interest earned. (E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. (F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete. (G) A description of each inter -fund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an inter -fund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. (H) The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001. Items A through H listed above are reproduced on each report to ensure accuracy, understanding, and compliance. 2 11/06/19 CC AGENDA PACKET PG 246 (A) Description of fee Park Development/Improvement Fees: • The fee for park development and improvement is to finance the development, improvement, and/or enhancement of public parks and recreation facilities. Funds shall be used exclusively for projects as identified in the capital improvement plan, the Parks Element of the Bakersfield Metropolitan General Plan, or comprehensive park plan approved by the City Council. (Ord. 3327) • The City will collect a park development, improvement, and enhancement fee for each new dwelling unit within city boundaries. These fees will be imposed and collected at the date of final inspection or the date the certificate of occupancy is issued, whichever occurs first. Fee may be paid at time of building permit issuance if a developer chooses. (BMC 15.82.040) Park Acquisition Fees: • The subdivider shall dedicate land so that a park and its development shall be sufficient in size, topography and design that bear a reasonable relationship to serve the present and future needs of the residents of the subdivision and be consistent with the policies of the Bakersfield Metropolitan General Plan. When a fee is to be paid in -lieu of land dedication, the subdivider shall, in -lieu of dedicating land, pay a fee equal to the value of the land which would otherwise be required for dedication. (Ord. 3646) (B) Amount of fee Park Development/Improvement Fee • From July 1, 2018 to August 5, 2018, the Park Development and Improvement Fee was as follows*: Residential - per living unit Fee Single Family Dwelling $1,900 Duplex Dwelling Unit $1,900 Multiple Family Dwelling Unit $1,900 Mobile Home $1,900 *Resolution No. 172-16 (available at: http://docs.bakersfieldcity.us/WebLink/Welcome.aspx) • From August 6, 2018 to June 30, 2019, the Park Development and Improvement Fee was as follows*: Residential - per living unit Fee Single Family Dwelling $2,095 Duplex Dwelling Unit $2,095 Multiple Family Dwelling Unit $2,095 Mobile Home $2,095 *Resolution No. 075-18 (available at: http://docs.bakersfieldcity.us/WebLink/Welcome.aspx) 3 11/06/19 CC AGENDA PACKET PG 247 Park Acquisition Fee • The amount of in -lieu fee shall be determined in accordance with the following formula**: Number of Dwelling Units x.0025 x APPDU* x Fair Market Value Per Buildable Acre *APPDU: Average Persons Per Dwelling Unit **Ordinance No. 3646 (C) Beginning and ending fund balance* • Park Development Fund Beginning Balance @ 7/1/18 $ 5,282,611 Ending Balance @ 6/30/19 $ 4,805,694 * Note: NOR is an entity that is separate and distinct from City fund balance. The City collects park improvement fees and interest earned on those fees on behalf of NOR and holds them in a separate trust account. Beginning and ending NOR trust balance: Beginning Balance @ 7/1/18 $ 3,018,741 Ending Balance @ 6/30/19 $ 3,105,113 (D) Fees collected and interest earned Park Development/Improvement: • North of the River Recreation and Parks Fees • Park Development/Improvement Fees • Interest Earned Park Acquisition: • Park Acquisition Fees • Interest Earned (E) Public Improvements • See "Attachment A" (F) Timing of projects • See "Attachment B" (G) Inter -fund transfers/loans • No transfers were made during the fiscal year. (H) Refunds Park Development/Improvement • No refunds were made during the fiscal year. 0 $ 226,554 $ 2,029,402 $ 221,498 $ 175,202 $ 26,474 11/06/19 CC AGENDA PACKET PG 248 D U— E `W O O L E E D H N N U O 0 i N O N O 6 - IL N O -0 O O 0-0 N � N i O } `+— Ln N O040 c7 O > Li Q (1) W LL O F- 0 0- u U V) N U N O IL N 0 - LL LL N O N -12U N �O �6-�V,V,6-� N O v � O O U O � ID0-0N O M H H � O O O U O 00 N O m O LO LO O N -0 N Il, O O� In LO -0 O CO 11, LO NO O m N NO M NO 't Cl O co cl� ch a_a.E V) a > > CL O O O o o n n Q Q O O V)���� Q Q Q Q Q _O O _O _O _O O O O N O N N M — � N c'7 N MM^ch ch U U U U U �00ol00't C.C.CLCLCL 10 co NII N O v � O O U O � z z O M H H � O O O U 10 co NII N O O im 0 z 11/06/19 CC AGENDA PACKET PG 249 O O U z z J 08 H H � O O U O im 0 z 11/06/19 CC AGENDA PACKET PG 249 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000aoc000000 O rn C U) C-4 O � M N N N 265 11/06/19 CC AGENDA PACKET PG 250 O n OS > > US U N O N d (W _ Q a W� m } w F 2 W LL,p w d W N N O N o (7 U U<LL,J x a` g YFzcYj� z } > a Z) 0 < Q xs x C7 LL U) <c em aQ0 2 O N N o U N N N N N N U U U U U U CL w rn rn rn rn rn o'a a a a a a a ^ LL O N /1/ Q � N N w Z "� >- Wy/ i Q Q J LU cf �cO>- co U- OZ UOUw#� W LL < < ( I_ 1 1 1 Wj W rt-, `U Z � W coZ Q V) LU ' ^ v' ry � Q QN O Q N O N O N O N LL LL N O N T LL 0000000000 '—& 0000 p O O O W (O 0 0 0 0 0 N 8 N O (h ON � N O O N — OM LL M N N CV (O M M M M M M M LL LL x LL LL LL LL LL LL LL LL 0 0 0� 0 UU Q fO a a 0 Q U wQ LLwU g a J 265 11/06/19 CC AGENDA PACKET PG 250 O n OS > > US U J O W W w Q d (W _ Q a W� m } w F 2 W LL,p w d W Y Q F Q o (7 U U<LL,J x a` g YFzcYj� z > a Z) 0 < Q xs x C7 y W p Q u o w U) <c em aQ0 2 O N N o U N N N N N N U U U U U U CL w rn rn rn rn rn o'a a a a a a a 265 11/06/19 CC AGENDA PACKET PG 250 5 ONV 19W ibl dw I � N `Y Chi 3: a 773 o w w � N d � 3H xv:Nm g a a m 3H s s H N ii; � a 4.41 ow a a 00 �� o 11/06/19 CC AGENDA PACKET PG 251 LU W N3 N o ow3dn x �aaw UaL1 VHS W 3AVW I � N `Y Chi 3: a 773 o w w � N d � 3H xv:Nm g a a m 3H s s H N ii; � a 4.41 ow a a 00 �� o 11/06/19 CC AGENDA PACKET PG 251 t✓ BAKERSFIELD THE SOUND OF c5 W&4*W f'r RW ADMINISTRATIVE REPORT MEETING DATE: 11/6/2019 Public Safety/Vital Services Measure o. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DAT E: 10/11/2019 WARD: SUBJECT: Resolution dispensing with formal bidding procedure in the purchase of JVC Kenwood mobile radios for the Bakersfield Police Department from Applied Technology Group, Inc. and authorizing the use of a cooperative procurement contract for the purchase of the radios in an amount not to exceed $94,500. STAFF RECOMMENDATION: Staff recommends adoption of resolution and approval of the purchase. BACKGROUND: Public safety communications are critical to ensuring the ongoing public welfare, safety of our first responders, and the ongoing operations of our Police and Fire departments. The use of vehicle mounted mobile radios are essential to this function. In November 2018, the voters of Bakersfield approved the Public Safety and Vital Services measure, providing additional funding for those services identified on the measure. On June 28 2019, City Council approved the FY 2019-2020 City budget that included PSVS related proposed expenditures. This purchase represents the purchase of 30 mobile radios to be installed in new vehicles related to the additional police officers hired with PSVS funding. The mobile radios being purchased will be able to be function with the current radio system and support basic radio communication functionality in the prospective new radio system currently in the procurement stage. In accordance with the Bakersfield Municipal Code, this items authorizes staff to dispense with bidding procedures and purchase the radios through the competitively awarded National Association of State Procurement Officials Program. The authorization for the purchase of the radios through Applied Technology Group will not exceed $94,500. ATTACHMENTS: Description Type 11/06/19 CC AGENDA PACKET PG 252 Resolution Quote Resolution Exhibit 11/06/19 CC AGENDA PACKET PG 253 RESOLUTION NO. A RESOLUTION OF THE BAKERSFIELD CITY COUNCIL DISPENSING WITH FORMAL BIDDING PROCEDURES IN THE PURCHASE OF JVC KENWOOD MOBILE RADIOS FROM APPLIED TECHNOLOGY GROUP, INC. AND AUTHORIZING THE USE OF COOPERATIVE PROCUREMENT CONTRACTS FOR THE PURCHASE OF THE MOBILE RADIOS IN AN AMOUNT NOT TO EXCEED $94,500. WHEREAS, the City may enter into cooperative procurement contracts for work, supplies, equipment or materials without competitive bidding pursuant to Bakersfield Municipal Code Section 3.20.060(D) (7); and WHEREAS, prices offered through national cooperative procurement contracts are generally less expensive than the prices for work, supplies, equipment or materials the City is currently paying; and WHEREAS, purchasing work, supplies, equipment or materials for the City through national cooperative procurement contracts is to the City's economic advantage and in the City's best interests; and WHEREAS, Bakersfield Municipal Code Section 3.20.060(D) (7) allows the City to dispense with bidding procedures when it is determined that work, supplies, equipment or materials are available from a local vendor that has successfully obtained a contract that was competitively awarded by another governmental agency within the last 36 months as a participant in a cooperative procurement contract, and that it is in the best interests of the city, and to the city's economic advantage to purchase such work, supplies, equipment or materials from that vendor at the lowest possible cost for the quality needed; and WHEREAS, the process used to determine the vendors for the cooperative procurement contracts herein substantially comply with the City's procurement process, including public advertisement for sealed bids and awards determined on the basis of best value. 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 by reference. - Page 1 of 3 Pages - 11/06/19 CC AGENDA PACKET PG 254 2. The Council finds that work, supplies, equipment or materials are available from a local vendor that has successfully obtained a contract that was competitively awarded by another governmental agency within the last 36 months as a participant in a cooperative procurement contract, and that it is in the best interests of the city, and to the city's economic advantage to purchase such work, supplies, equipment or materials from that vendor at the lowest possible cost for the quality needed. 3. The Finance Director or his designee is authorized to dispense with bidding in accordance with section 3.20.060(D) (7) of the Bakersfield Municipal Code and to negotiate the purchase of same, in an amount not to exceed $94,500. 4. The Finance Director or his designee is authorized to purchase JVC Kenwood Radios from Applied Technology Group, Inc. through the National Association of State Procurement Officials Program (NASPO), pursuant to the terms and conditions of Contract No. 06913, as may be amended from time to time and including any options to renew that may be exercised by the lead agency. 5. That in the event certain work, supplies, equipment or materials needed by the City are available through more than one of these cooperative procurement contracts and within the timeframe required by the City, the Finance Director or his designee shall purchase such work, supplies, equipment or materials from the vendor offering the lowest price. 6. That the Finance Director or designee is authorized to negotiate and execute any documents that may be necessary to register with, and purchase work, supplies, equipment or materials from, the vendors herein. - Page 2 of 3 Pages - 11/06/19 CC AGENDA PACKET PG 255 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: YES: NOES: ABSTAI N ABSENT: APPROVED COUNCIL MEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA H. RUDNICK Deputy City Attorney CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield - Page 3 of 3 Pages - 11/06/19 CC AGENDA PACKET PG 256 APPLIED TECHNOLOGY GROUP, INC. SPECIALIZED COMMUNICATIONS SERVICES 4440 Easton Drive - Bakersfield, CA 93309 (661) 322-8650 or (800) 481-0007 Fax (661) 322-4060 Fed ID #77-0229621 / Contractors Lic #891598 / B.E.A.R. #89845 atginternet.com - atg-inc.com Bill To: 1261 CITY OF BAKERSFIELD ATTN: CITY FINANCE 1501 TRUXTUN BAKERSFIELD CA 93301 Le QTSTD00000008775 8/30/2019 1 Ship To: CITY OF BAKERSFIELD ATTN: CITY FINANCE 1501 TRUXTUN BAKERSFIELD CA 93301 Quote Expires: 9/29/2019 Purchase Order No. I Customer ID I Salesperson ID I Shipping Method Pa ment Terms Reg Ship Date 1261 146 1 LOCAL DELIVERY NET 15 DAYS 0/0/0000 QuantitV Item Number Description UOM Unit Price Ext. Price 1 SCOPE OF WORK Analog / Digital VHF P25 Mobile Radio Package N $0 $0.00 for new squad vehicles as requested by David King. Note: Radios are scalable to meet requirements of future radio system. 1 NOTE Note: All JVC Kenwood product is quoted at the N $0 $0.00 NASPO Contract #06913 rate of 20% off list price providing the City a guaranteed discount level. 1 NOTE The National Association of State Procurement Officials N $0 $0.00 Program was developed to eliminate the expense of developing an RFP by granting a guaranteed discount rate from Vendors. 30 VM5730BF VHF Mobile 136-174 MHz 50W 1024 CH Each $1,720.00 $51,600.00 30 KCH19VM Dash Mount Control Head Each $144.00 $4,320.00 30 KMC65M SPEAKER MICROPHONE; 8 -PIN MOD. PLUG, MIL -PEC STAND, Each $40.00 $1,200.00 30 KCT23M DC CABLE (10-50W DASH MOUNT) EACH $25.20 $756.00 30 KMB33 STANDARD MOUNTING BRACKET Each $11.20 $336.00 30 KCT46 IGNITION SENSE CABLE EACH $10.96 $328.80 30 A151 1A ANTENNA, 132-970MHzWIDEBND 1/4WAVE Each $54.17 $1,625.10 30 NMOKUD 3/4" HOLE NMO STYLE MOUNT w/17" UD COAX & NO CONNEC Each $19.69 $590.70 30 RFU505/ST UHF (M) CRIMP PLUG RG58/LMR195 Each $7.50 $225.00 1 NOTE Note: Installation and Programming have not been N $0 $0.00 included in this quote. Subtotal $60,981.60 Misc $0.00 Tax $5,030.99 Shipping & Handling $0.00 Total $66,012.59 Authorized Signature 11/06/19 CC AGENDA PACKET PG 257 t✓ BAKERSFIELD THE SOUND OF c5 W&4*W fVeW ADMINISTRATIVE REPORT MEETING DATE: 11/6/2019 Public Safety/Vital Services Measure p. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DAT E: 10/8/2019 WARD: Ward 2 SUBJECT: Amendment No. 1 to Resolution No. 121-19 to dispensing with bidding procedures due to the rejection of previous bids for the Bakersfield Police Department Shooting Range, not to exceed $2,400,000. STAFF RECOMMENDATION: Staff recommends approval of amendment to resolution. BACKGROUND: The Bakersfield Police Department Shooting Range is located at 3419 Truxtun Avenue on a 3.5 acre site. When originally constructed in the 1940's, the site was on the edge of the developed urban area. Since that time, much has changed in the Community as the facility has been encroached upon by urbanization, and the Department has grown to a metropolitan police force with a projected complement exceeding 500 sworn officers within the next three years. At the August 14, 2019, City Council meeting, staff recommended the rejection of bids for the Bakersfield Police Department Shooting Range project. The sole bid that was received came in significantly higher than the budgeted amount for this project. The action City Council approved was the rejection of the bid and approval of a resolution to dispense with normal bidding procedures, which would allow staff to work directly with the contractor and vendors involved to reduce the overall project costs. Staff has met with Superior Construction, who previously submitted the Ione bid, and has diligently worked with them to reduce the overall costs of the project. Working with Superior Construction, it was recommended that the overall project be split into two distinct scopes. One contract for the metal pre-engineered building would be awarded to Superior Construction and the other contract for the ballistic baffling systems would be awarded to Paragon Tactical. This process eliminated the need to carry additional bonds for the baffling system contractor. Some minor design changes to the metal building also helped reduced the costs of the project. City staff will self perform the demolition of the existing structures, which also reduced the costs of the projects. Overall, the project costs were reduced by approximately $400,000. Staff has negotiated the final process with Superior Construction in the amount of $1,329,756 11/06/19 CC AGENDA PACKET PG 258 for the metal building and related improvements and Paragon Tactical in the amount of $969,869 for the ballistic baffling system for the project. This results in a total construction cost of $2,299,625. Specific construction contracts will be executed for these negotiated amounts with each of these contractors to include specific items such as completion date/schedule, bonds, and the required insurance documents. Staff recommends approval of the amendment to resolution 121-19. This will allow staff to consider all of the options mentioned above. ATTACHMENTS: Description Type ❑ Amendment No.1 to Reso 121-19(1) Resolution 11/06/19 CC AGENDA PACKET PG 259 RESOLUTION NO. 121-19 (1) AMENDMENT NO. 1 TO RESOLUTION NO. 121- 19 OF THE BAKERSFIELD CITY COUNCIL DISPENSING WITH FORMAL BIDDING PROCEDURES IN THE CONSTRUCTION OF THE BAKERSFIELD POLICE DEPARTMENT SHOOTING RANGE AND AUTHORIZING THE USE OF COOPERATIVE PROCUREMENT CONTRACTS FOR THE CONSTRUCTION OF SAID PROJECT, NOT TO EXCEED $2,400,000. WHEREAS, Resolution No. 121-19 authorized dispensing with bidding procedures for the construction of the Bakersfield Police Department Shooting Range project with a project cost not to exceed $2,050,000; and WHEREAS, Superior Construction and Paragon Tactical have agreed to construct said project, which will not exceed the amount of $2,400,000, and WHEREAS, purchasing work, supplies, equipment or materials for the City through national cooperative procurement contracts is to the City's economic advantage and in the City's best interests. 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 by reference. 2. Item No. 4 of Resolution 121-19 is hereby amended to read: "The Finance Director or his designee is authorized to execute agreement for the construction of Bakersfield Police Department Shooting Range as a sole -source contract or at Sourcewell (formerly National Joint Powers Alliance® (NJPA)) pricing through a vendor, and to negotiate the purchase of same, not to exceed $2,400,000. 3. Except as herein amended Resolution Number 121-19 shall remain in full force and effect. �M - Page 1 of 2 Pages - 11/06/19 CC AGENDA PACKET PG 260 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: YES: NOES: ABSTAIN ABSENT: APPROVED COUNCIL MEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA RUDNICK Deputy City Attorney CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield - Page 2 of 2 Pages - 11/06/19 CC AGENDA PACKET PG 261 t✓ BAKERSFIELD THE SOUND OF c5 W&4*W fVeW ADMINISTRATIVE REPORT MEETING DATE: 11/6/2019 Hearings 10. a. TO: Honorable Mayor and City Council FROM: Phil Burns Interim Development Services Director DATE: WARD: Ward 3 SUBJECT: Cancellation of Public Hearing Regarding Bond Financing for the Housing Authority of the County of Kern: 1. Resolution approving the issuance of revenue bonds by the California Debt Limit Allocation Committee ("CDLAC") for the purpose of financing the construction of approximately 81 multi- family units of affordable housing and certain other matters relating thereto 2. Indemnification agreement between the City and the Housing Authority of the County of Kern. STAFF RECOMMENDATION: Staff recommends the City Council open the public hearing and take no further action on the resolution and the indemnity agreement. BACKGROUND: On October 11th, 2019 the City received a request from the Housing Authority of the County of Kern (HACK) to conduct a public hearing as required by the Internal Revenue Code in order to issue tax exempt multifamily housing bonds in an aggregate amount not to exceed $17 million, the proceeds of which will be used to make a loan to a limited partnership to -be formed for the development and construction of Residences at East Hills at 3345 Bernard Street. Revenue bonds require a public hearing within the jurisdiction for which the bond -financed project will occur, and a public notice be published at least seven days prior to the hearing occurring. Subsequent to the publishing of the notice for this item, the City was notified that the hearing was no longer required as HACK was awarded an allocation of federal tax credits by the California Tax Credit Allocation Committee through its most recent 9% competition. This allocation will allow HACK to begin construction on the project without obtaining the bond financing. Therefore, staff recommends the City Council open the public hearing and take no further action on the items. 11/06/19 CC AGENDA PACKET PG 262 t✓ BAKERSFIELD THE SOUND OF c5 W&4*W fVeW ADMINISTRATIVE REPORT MEETING DATE: 11/6/2019 Hearings 10. b. TO: Honorable Mayor and City Council FROM: Phil Burns, Interim Development Services Director DAT E: 9/23/2019 WARD: Ward 1 SUBJECT: Appeal by Dowling Aaron Incorporated of the September 10, 2019 decision of the Board of Zoning Adjustment to deny a conditional use permit to allow a recycling center within a State -recognized convenience zone, for the purchasing of California Redemption Value (CRV) containers from the public in a C-2 (Regional Commercial Zone) district, located at 830 Union Avenue. STAFF RECOMMENDATION: Staff recommends upholding the decision of the Board of Zoning Adjustment and denying Conditional Use Permit No. 18-0397. BACKGROUND: Yadwinder Singh applied for a conditional use permit to allow a recycling center within a State - recognized convenience zone, for the purchasing of California Redemption Value (CRV) containers from the public, located at 830 Union Avenue. The site is developed with a gas station and convenience store, currently undergoing renovation. Surrounding properties consist of undeveloped land, multiple -family dwellings, commercial buildings, and a motel. Upon review of the initial request, and based on the information available at that time, Staff recommended approval of the project subject to specific operational conditions of approval. However, at the September 10, 2019 Board of Zoning Adjustment (BZA) hearing, public comments were received both in opposition and support of the project. The BZA concluded the required findings could not be made to approve the conditional use permit, and the request was denied. An appeal to this decision was filed on September 19, 2019. July 2009. The Board of Zoning Adjustment approved a conditional use permit to allow a recycling center for the purchasing of California Redemption Value containers from the public and to permit outdoor automobile tire repair services. Due to on-going operating violations with the conditions of approval, the recycling center became null and void through a settlement agreement with the City. October 2018. The applicant submitted a new CUP application to allow a recycling center 11/06/19 CC AGENDA PACKET PG 263 within a State -recognized convenience zone. Due to code violations and an incomplete application, the project was placed on hold. In July 2019, all documentation was submitted to allow processing of the request. November 2018. Based on a councilmember referral, your Council adopted revisions to the ordinance requiring a conditional use permit for any recycling center in the City within a convenience zone. Through the ordinance revisions, the City is able to place conditions regarding a center's hours of operation, cleanliness, parking, and visual blight, among other things, on the approval of a conditional use permit in the areas of the City most sensitive to the impacts that accompany recycling centers. STAFF ANALYSIS: Conditional Use Permit. As proposed, the recycling center will conduct operations within an 800 square foot area of the 0.40 -acre parcel, and located behind an 8 -foot high, screened chain link fence. The operation consists of one 8 x 20 -foot metal storage container and one 8 x 15 -foot glass storage roll away container. The containers are used for storage of collected materials until removed from the site; no operations (e.g. sorting, payment, etc.) are conducted inside the containers. The facility will have two employees with operations occurring seven days a week from 8:00 am to 5:00 pm. The employees will secure the site and clean all debris at the close of business each day. Recycling centers require one parking space per employee and two for customers; the applicant has provided four additional parking spaces. The nearest residences are located approximately 60 feet to the east of the site. By operating within a fenced in area, and containing the materials within enclosed structures that will be secured when no one is present, the applicant states this will minimize noise, visual blight, and potential for vagrants. CalRecycle. A convenience zone is established by the California Department of Resources Recycling and Recovery (CalRecycle), and typically a 1/2 mile radius circle with the center point originating at a supermarket that meets specific CalRecycle requirements (i.e. listed in the Progressive Grocer Marketing Guidebook, minimum annual sales of $2 million, and sells full - line of goods). With few exceptions, a convenience zone is required by law to have a recycling center that redeems all CRV containers within its boundary. These centers provide opportunities to redeem containers near where beverages were purchased. Convenience zone -based recyclers are eligible for CalRecycle handling fees that are designed to subsidize the authorized recyclers to promote a wider geographic dispersal than would be possible if unassisted. Effective July 1, 2019, CalRecycle calculated the monthly handling fee at the rate of $0.00860 per beverage container redeemed. However, the current state law does not allow CalRecycle to make multiple handling fee payments to two or more operational recycling centers located in the same convenience zone. According to CalRecycle, the Food Maxx located at 1115 Union Avenue qualifies as a supermarket that establishes a convenience zone. Additionally, there is a recycler currently operating at 349 Union Avenue which is within the convenience zone and that center is receiving handling fees (see Recycle Center Map). 11/06/19 CC AGENDA PACKET PG 264 Therefore, if the proposed recycling operation (830 Union Avenue) registers with CalRecycle to accept handling fees, the first recycling center (349 Union Avenue) will become ineligible to receive handling fees 60 days from the second recycler's operational date. Furthermore, any recycling center that locates in a convenience zone and causes a pre-existing recycling center to become ineligible to receive handling fees is ineligible to receive handling fees in that convenience zone from that day forward. This is called a "permanent ban" and applies to the second recycling center's parent company, its subsidiaries, and affiliates, even if the first recycling center ceases to operate within the convenience zone. However, if the second recycling center becomes nonoperational, then the first recycling center may again become eligible to apply for handling fee payments in the convenience zone. On October 24, 2019, City Staff became aware that the first recycler (349 Union Avenue) received a letter from CalRecycle stating an application has been received to establish a second center (830 Union Avenue). CalRecycle noted that if the second recycler becomes certified and operational, and both recyclers are concurrently operating, then handling fees for the first recycler will end. A copy of the first recycler's concerns and the CalRecycle correspondence are included for your Council's consideration. Board of Zoning Adjustment. This project was considered by the Board of Zoning Adjustment on September 10, 2019. 1 n addition to receiving written comments in opposition (attached), during the hearing, public comments were received in opposition from Michael Hariri, representing the management company for the adjacent residential development. Opposition was based on the following: • Numerous illegal activities, public nuisances, inappropriate actions, and the increase in homelessness in the area can be attributed to the previous recycling facility operated at this site. • Notable decrease in City resources being called to the site (Police, Fire, Code Enforcement) following closure of the previous recycling facility. Re -opening the facility will revert back to causing an increase in City resources responding to the site. Public comments were received in support by Micah Nilsson (Dowling Aaron Incorporated), and Mark Bettencourt and Darrell Miller, both nearby residents. Mr. Nilsson submitted a petition with 101 signatures stating the recycling operation will benefit the economy and help the community. Mark and Darrell each indicated a recycling facility at this site would benefit members of the public who do not have vehicles or unable to obtain transportation to recycling centers that are not in the area. Rebuttal was provided to both sides. The public hearing was closed and the Board deliberated before making a motion to deny the project due to the center not being essential since an existing recycling operation is currently operating within the convenience zone, or a public convenience because the existing operation is located just 0.30 miles (5 blocks) to the south. The motion passed by a vote of three in favor and none opposed (see BZA Resolution 19-24). APPEAL: An appeal of the Board's decision by Justin Thomas (Dowling Aaron Incorporated) was 11/06/19 CC AGENDA PACKET PG 265 received in the City Clerk's office on September 19, 2019 (see Appeal Request). Mr. Thomas justified the appeal with the following: • The BZA's application of the wrong standard of approval. Bakersfield Municipal Code Section 17.64.060.0 states that a finding that the CUP is "essential or desirable" is required. However, the Board limited its decision to whether the CUP was essential. The standard expressly requires only a finding that the CUP is "essential or desirable." If the CUP was deemed to be either essential or desirable, the Board should have approved it. It was not necessary for the CUP to be "essential." The CUP was demonstrated to be desirable and should be approved pursuant to Municipal Code Section 17.64.060.C. • On July 31, 2016, the City of Bakersfield ("City") and Mr. Singh entered into a settlement agreement regarding his previous CUP at the same location. The settlement agreement states that the "CUP will stay in effect" as long as Mr. Singh removed underground storage tanks, providing for extensions as long as Mr. Singh was reasonably working toward removing the tanks. Several verbal extensions were granted by City representatives to Mr. Singh. In compliance with the settlement agreement, Mr. Singh removed the underground tanks and, therefore, the original CUP should be retroactively activated. A copy of the settlement agreement is attached for your Council's review. Conclusions: Necessary Findings. Section 17.64.060 of the Zoning Ordinance contains specific findings that must be made by the decision-making body to approve the requested conditional use permit. A conditional use permit shall only be granted only when it is found that: 1. The proposed use is deemed essential or desirable to the public convenience or welfare; and, 2. The proposed use is in harmony with the various elements and objectives of the general plan and applicable specific plans. Section 17.64.060 also states that a conditional use permit may be subject to such conditions as deemed appropriate or necessary to assure compliance with the intent and purpose of the zoning regulations and the various elements and objectives of the general plan and applicable specific plans and policies of the city or to protect the public health, safety, convenience, or welfare. Should your Council determine that the necessary findings can be met, a list of possible conditions of approval are included with this report. Overall Recommendation. Given the evidence in the record to date, Staff cannot conclude the necessary findings can be met. Specifically, the proposed use as a recycling center cannot be deemed essential or desirable to the public convenience or welfare, and cannot be found to be in harmony with the objectives of the Metropolitan General Plan, which includes policies to encourage compatibility of uses (MG BP Policy 6). Therefore, Staff recommends upholding the decision of the Board of Zoning Adjustment and denying Conditional Use Permit No. 18-0397. 11/06/19 CC AGENDA PACKET PG 266 ATTACHMENTS: Description ❑ Resolution ❑ Recycle Center Map ❑ Existing Recycling Center & CalRecycle Comments ❑ BZA Resolution 19-24 ❑ BZA Public Comments ❑ Appeal Request ❑ Settlement Agreement ❑ Possible Conditions of Approval ❑ PowerPoint presentation ❑ Written material submitted during public hearing Type Resolution Backup Material Backup Material Backup Material Backup Material Backup Material Backup Material Backup Material Presentation Correspondence 11/06/19 CC AGENDA PACKET PG 267 Resolution 11/06/19 CC AGENDA PACKET PG 268 RESOLUTION NO. A RESOLUTION OF THE BAKERSFIELD CITY COUNCIL TO UPHOLD THE DECISION OF THE BOARD OF ZONING ADJUSTMENT AND DENY THE APPEAL FOR CONDITIONAL USE PERMIT NO. 18-0397 TO ALLOW A RECYCLING CENTER FOR THE PURCHASING OF CALIFORNIA REDEMPTION VALUE (CRV) CONTAINERS FROM THE PUBLIC IN A C-2 (REGIONAL COMMERCIAL ZONE) DISTRICT LOCATED AT 830 UNION AVENUE (WARD 1). WHEREAS, Yadwinder Singh filed an application with the City of Bakersfield Development Services Department for a conditional use permit to allow a recycling center within a State -recognized convenience zone, for the purchasing of California Redemption Value (CRV) containers from the public (17.24.040.B.13) in a C-2 (Regional Commercial Zone) district, located at 830 Union Avenue (the "Project"); and WHEREAS, the Board of Zoning Adjustment on September 10, 2019, denied the conditional use permit to allow a recycling center within a State -recognized convenience zone, for the purchasing of California Redemption Value (CRV) containers from the public, and the decision was appealed by Dowling Aaron Incorporated on September 19, 2019; and WHEREAS, the Clerk of the City Council set Wednesday, November 6, 2019, at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider the appeal as required by Government Code Section 65355, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, the laws and regulations relating to the California Environmental Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures have been duly followed by city staff and the Board of Zoning Adjustment; and WHEREAS, pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, CEQA does not apply to projects which a public agency rejects or disapproves and no further analysis is necessary. WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, and the Board of Zoning Adjustment's deliberation and action. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: 1. The proposed use is not essential and desirable to the public convenience and welfare. 2. The proposed use is not in harmony with the various elements and objectives of the Metropolitan Bakersfield General Plan. 3. The decision of the Board of Zoning Adjustment is upheld and Conditional Use Permit No. 18-0397 is denied. WO 11/06/19 CC AGENDA PACKET PG 269 I HEREBY CERTIFY Council of the City that the foregoing Resolution was passed and adopted, by the of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: APPROVED: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney M. RICHARD IGER Deputy City Attorney Exhibits: A. Location Map B. Site Plan RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 14 11/06/19 CC AGENDA PACKET PG 270 Exhibit A (Location Map) 11/06/19 CC AGENDA PACKET PG 271 (� E o E c c E O U A2 N S E .E �Lo c c `- 712 :2 o E o- of '^ V Q c c o c c Ee oo' ,Cy Z�� __ `m O o E c c c c .o .E .E a.E .E 'oe .o .E c �� - E - E - _ a .E o e .E 3 c `a c EE c o -_ m i N z - c W J _ _ - o e - - - ,� T.E c - O c ... m - - E v - - 'E .E e 'E =5r Z o - v - _ - = m _ WE m - y - dodo °-'0000 `"o o O o _oma -000 o CoQ - o �o om-,o'c °' o E��m� ��� o�d='� -rte` ra.� M�W�o= o_ 1S Na3a S N N 1S3g y701 is 3avinl s ]AV NOINO N N U U C U n: L� W M Cn a LU � Y DD m LL C3— O F- C -3 U 1S 9NINS93d K K N N lz az E:c _ N N � m 1S A N N 11/06/19 CC AGENDA PACKET PG 27. Exhibit B (Site Development Plan) 11/06/19 CC AGENDA PACKET PG 273 5 c U a E o � O a E O 7 Q O 'E 0 U c rI II OU N a a� � a> O O O EL " N O E L W L W � O O O z m :tt L c } O � Q f6 LU N o Q 3 v U 2 Q a m N O L Z a0 O E3 O Y tOa on +� c U Y .� au N N CLO Q 3 O —i p O m L Q � L u � N m 0 N O 'O Q o0Q (D } 00 C1 N m Z Zi m L v —1 U dA U aj v *k c -a N 3 O U +� Y to O 'c -2 aO a U >� u � Q N O Cc t5 m w 6 v ^ O E > s > O o W E +� O V) ° a ° .E a z 0 0 wl � a o a N a (n J Q J in C7 oC Lu N I I M I lD I c } O r O f6 LU N J Qml (Np a U L Z a0 O a O N N U CL v U Y .� au Ln m v >- U CLO -j Q c < —i p O w c 0 +� U c -o Q c O H .S Z) c-1 m 0 N O 'O Q o0Q (D } 00 C1 N m Z Zi m L v —1 U dA U aj v *k c -a N o '� m O a a N m a z 0 0 wl � a o a N a (n J Q J in C7 oC Lu N I I M I lD I I C) I I I M I r -I Y >Q> O O w I V) I � I I SIDEWALK I I I- N ------------------133b1SH16 -- — I I Ware St S l\>'- Broad St ♦� z © � L r N n L w a Lu � w Union Ave a O O �o Q X O L j O c/)Ll O O "_ U Ooo u Q > LL U O o) X > Q v ` bo v Z v, a Lu H U O oo Z r-1 D Z J Q J ui N v Z C7 Z WY C Lu O c=n a '1 n O m m a U 0 LLJ LL w N a M 00 w LuJ > a a Z N O z = z o N W LLJ Z 0 Q Z a � H 0 N < 11/06/19 CC AGENDA PACKET PG 274 O } LU N J z a om Q U o Lu z O ww 00 Z) Z a O U I C) I I I M I r -I Y >Q> O O w I V) I � I I SIDEWALK I I I- N ------------------133b1SH16 -- — I I Ware St S l\>'- Broad St ♦� z © � L r N n L w a Lu � w Union Ave a O O �o Q X O L j O c/)Ll O O "_ U Ooo u Q > LL U O o) X > Q v ` bo v Z v, a Lu H U O oo Z r-1 D Z J Q J ui N v Z C7 Z WY C Lu O c=n a '1 n O m m a U 0 LLJ LL w N a M 00 w LuJ > a a Z N O z = z o N W LLJ Z 0 Q Z a � H 0 N < 11/06/19 CC AGENDA PACKET PG 274 } a O om Q U o ca C Z) a I C) I I I M I r -I Y >Q> O O w I V) I � I I SIDEWALK I I I- N ------------------133b1SH16 -- — I I Ware St S l\>'- Broad St ♦� z © � L r N n L w a Lu � w Union Ave a O O �o Q X O L j O c/)Ll O O "_ U Ooo u Q > LL U O o) X > Q v ` bo v Z v, a Lu H U O oo Z r-1 D Z J Q J ui N v Z C7 Z WY C Lu O c=n a '1 n O m m a U 0 LLJ LL w N a M 00 w LuJ > a a Z N O z = z o N W LLJ Z 0 Q Z a � H 0 N < 11/06/19 CC AGENDA PACKET PG 274 Recycle Center Map 11/06/19 CC AGENDA PACKET PG 275 � � �1 F` �..r • 1,11 � 1 ��S=J 1 � � ci�..�_„-�-�`.a b �/. r? W + -]',,, •. _j ' , �t ' .i.- i♦t�y P - d 441401111:) a _■ t;. ec SJ q9 i LC o LLJ LLJ 00 ' u1 7) 11S0-re s1 a' a- 1S-st;y i pa uIie i 1 J .y� 4 1 1. a.&in-I E v!1 Cn :,'t— 4 ` "w L IS-PO M1Vr` �3 S pes, , . Isr i rral!a i It -j Lug,` "I � _ r 9 � � �_il +_� fir. ��r►�.: � w.: ,, �o �`' CO fes, .yr S. -O .';. of rt. 1• rail - �•.- ' �i { ��• 11.44� _ I C It °p bw a gl If, _IJ Eg rite -17 ltip, ( 1 " Correspondence Existing Recycling Center and CalReycice 11/06/19 CC AGENDA PACKET PG 277 From: alondra medina [mailto:ac.recycling@hotmail.com] Sent: Thursday, October 24, 2019 3:16 PM To: Paul Johnson; Whitney M. Jackson Subject: Action needed by CalRecycle Notice Warning: This email originated from outside the City of Bakersfield. Think before you click! STOP N RECYCLE ALONDRA MEDINA 2943 COOTER ST BAKERSFIELD CA 93307 661-371-5457 Hello! How are you been? I writing you because I received a letter from CalRecycle they said that another recycle will open in the area that I am. I am inside the convenient zone number 11214 with address 1115 Union Ave. I am located at 349 S Union Ave, when I apply to the city for this location you ask me for proof that the state needs a recycling inside this zone and that no one else was operational on this site. I show the proof and get the state and City license. Now other person is applying for the same convenient zone where I am located. I do not have the exact address but If they become operational I will lose the handle fees that I am getting now and by the moment around $4000.00 per month. I just want to know if the person that apply for the sate already apply for the city license? Many recyclers only takes the state license but not the city. I already talk to the certification Unit director but they can't give me more information because I am an individual, but I know that they can deny this application if you talk to them and tell them if this person has or not the city permission to operate in that place for what they apply for. You can call this number (916) 445-0815 she is the Certification Director and she told me if you have any question you can contact her, also she can provide you the address where this person apply for. Attached is the letter that I received from CalRecycle. If you have any question please let me know. I will appreciate all your help on this matter. Sincerely Alondra Medina 11/06/19 CC AGENDA PACKET PG 278 California Environmental Protection Agency Cal Recycle o Department of Resources Recycling and Recovery Friday, October 18, 2019 Ms. Alondra Medina Camacho Stop N Recycle 2943 Cooter St Bakersfield, CA 93307 Subject: Handling Fee Eligibility Dear Ms. Alondra Medina Camacho Gavin Newsom California Govemor Jared Blumenfeld Secretary for Environmental Protection Scott Smithline CalRecycle Director This courtesy letter serves as a notice from the Department of Resources Recycling and Recovery's Division of Recycling (Division) that an application has been received to locate a new recycling center in convenience zone number 11214. This convenience zone is currently being served by your facility (RC279779.001) located at 349 Union Ave in Bakersfield. If the new applicant becomes certified and operational, and if you are both concurrently operational in the zone, your site's handling fee eligibility in this convenience zone will end sixty (60) days from the second recycler's operational date. The Division will notify you of the date that you will become ineligible for handling fee payments in this zone if the new recycling center becomes operational. If you have any questions or need any assistance, please contact Andres Torres at (916) 341-6428. Sincerely Lisa Fernandez, Supervisor Convenience Zone Unit 1001 1 Street, Sacramento, CA 95814 • P.O. Box 4025, Sacramento, CA 95812 www.Ca[Recycle.ca.gov • (916) 3224027 11/06/19 CC AGENDA PACKET PG 279 Board of Zoning Adjustment Resolution 11/06/19 CC AGENDA PACKET PG 280 RESOLUTION NO. 19-24 RESOLUTION OF THE BAKERSFIELD BOARD OF ZONING ADJUSTMENT DENYING A CONDITIONAL USE PERMIT TO ALLOW A RECYCLING CENTER WITHIN A STATE -RECOGNIZED CONVENIENCE ZONE, FOR THE PURCHASING OF CALIFORNIA REDEMPTION VALUE (CRV) CONTAINERS FROM THE PUBLIC (17.24.040.B.13) IN A C-2 (REGIONAL COMMERCIAL ZONE) DISTRICT, LOCATED AT 830 UNION AVENUE. (CUP NO. 18-0397) WHEREAS, Yadwinder Singh filed an application with the City of Bakersfield Development Services Department for a conditional use permit to allow a recycling center within a State -recognized convenience zone, for the purchasing of California Redemption Value (CRV) containers from the public (I 7.24.040.B. 13) in a C-2 (Regional Commercial Zone) district, located at 830 Union Avenue (the "Project"); and WHEREAS, the Secretary of the Board of Zoning Adjustment set Tuesday, September 10, 2019, at 3:00 p.m. in City Council Chambers, City Hall South, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the Board of Zoning Adjustment to consider the proposed conditional use permit, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, at the public hearing testimony was received both in support and opposition of the Project; and WHEREAS, the laws and regulations relating to the California Environmental Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures have been duly followed by city staff and the Board of Zoning Adjustment; and WHEREAS, pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, CEQA does not apply to projects which a public agency rejects or disapproves and no further analysis is necessary. WHEREAS, the facts presented in the staff report and evidence received both in writing and by verbal testimony at the above referenced public hearing support the following findings: All required public notices have been given. Hearing notices regarding the Project were mailed to property owners within 300 feet of the Project area and published in The Bakersfield Californian, a local newspaper of general circulation, 10 days prior to the hearing. 2. The proposed use is not essential and desirable to the public convenience and welfare. 3. The proposed use does not sufficiently demonstrate compliance with the necessary findings for a conditional use permit NOW, THEREFORE, BE IT RESOLVED by the Bakersfield Board of Zoning Adjustment as follows: The above recitals, incorporated herein, are true and correct. 11/06/19 CC AGENDA PACKET PG 281 2. Conditional Use Permit No. 18-0397 as described in this resolution, is hereby denied. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Board of Zoning Adjustment of the City of Bakersfield at a regular meefing held on the 10th day of September 2019, on a motion by Member Huot by the following vote: AYES: Fick, Huot, Patteson NOES: RECUSE: ABSTAI N ABSENT: Exhibits: A. Location Map B. Site Plan APPROVED STUART PATTESON, CHAIR City of Bakersfield Board of Zoning Adjustment VA 11/06/19 CC AGENDA PACKET PG 282 Exhibit A (Location Map) 11/06/19 CC AGENDA PACKET PG 283 (� E o E c c E O U A2 N S E .E �Lo c c `- 712 :2 o E o- of '^ V Q c c o c c Ee oo' ,Cy Z�� __ `m O o E c c c c .o .E .E a.E .E 'oe .o .E c �� - E - E - _ a .E o e .E 3 c `a c EE c o -_ m i N z - c W J _ _ - o e - - - ,� T.E c - O c ... m - - E v - - 'E .E e 'E =5r Z o - v - _ - = m _ WE m - y - dodo °-'0000 `"o o O o _oma -000 o CoQ - o �o om-,o'c °' o E��m� ��� o�d='� -rte` ra.� M�W�o= o_ 1S Na3a S N N 1S3g y7n1 is 3avinl s ]AV NOINO N N U U C U n: L� W M Cn a LU � Y DD m LL C3— O F- C -3 U 1S 9NINS93d K K N N lz az E:c _ N N � m 1S A N N 11/06/19 CC AGENDA PACKET PG 28, Exhibit B (Site Development Plan) 11/06/19 CC AGENDA PACKET PG 285 5 c U a E o � O a E O 7 Q O 'E 0 U c rI II OU N a a� � a> O O O EL " N O E L W L W � O O O z m :tt L c } O � Q f6 LU N o Q 3 v U 2 Q a m N O L Z a0 O E3 O Y tOa on +� c U Y .� au N N CLO Q 3 O —i p O m L Q � L u � N m 0 N O 'O Q o0Q (D } 00 C1 N m Z Zi m L v —1 U dA U aj v *k c -a N 3 O U +� Y to O 'c -2 aO a U >� u � Q N O Cc t5 m w 6 v ^ O E > s > O o W E +� O V) ° a ° .E a z 0 0 wl � a o a N a (n J Q J in C7 oC Lu N I I M I lD I c } O r O f6 LU N J Qml (Np a U L Z a0 O a O N N U CL v U Y .� au Ln m v >- U CLO -j Q c < —i p O w c 0 +� U c -o Q c O H .S Z) c-1 m 0 N O 'O Q o0Q (D } 00 C1 N m Z Zi m L v —1 U dA U aj v *k c -a N o '� m O a a N m a z 0 0 wl � a o a N a (n J Q J in C7 oC Lu N I I M I lD I I C) I I I M I r -I Y >Q> O O w I V) I � I I SIDEWALK I I I- N ------------------133b1SH16 -- — I I Ware St S l\>'- Broad St ♦� z © � L r N n L w a Lu � w Union Ave a O O �o Q X O L j O c/)Ll O O "_ U Ooo u Q > LL U O o) X > Q v ` bo v Z v, a Lu H U O oo Z r-1 D Z J Q J ui N v Z C7 Z WY C Lu O c=n a '1 n O m m a U 0 LLJ LL w N a M 00 w LuJ > a a Z N O z = z o N W LLJ Z 0 Q Z a � H 0 N < 11/06/19 CC AGENDA PACKET PG 286 O } LU N J z a om Q U o Lu z O ww 00 Z) Z a O U I C) I I I M I r -I Y >Q> O O w I V) I � I I SIDEWALK I I I- N ------------------133b1SH16 -- — I I Ware St S l\>'- Broad St ♦� z © � L r N n L w a Lu � w Union Ave a O O �o Q X O L j O c/)Ll O O "_ U Ooo u Q > LL U O o) X > Q v ` bo v Z v, a Lu H U O oo Z r-1 D Z J Q J ui N v Z C7 Z WY C Lu O c=n a '1 n O m m a U 0 LLJ LL w N a M 00 w LuJ > a a Z N O z = z o N W LLJ Z 0 Q Z a � H 0 N < 11/06/19 CC AGENDA PACKET PG 286 } a O om Q U o ca C Z) a I C) I I I M I r -I Y >Q> O O w I V) I � I I SIDEWALK I I I- N ------------------133b1SH16 -- — I I Ware St S l\>'- Broad St ♦� z © � L r N n L w a Lu � w Union Ave a O O �o Q X O L j O c/)Ll O O "_ U Ooo u Q > LL U O o) X > Q v ` bo v Z v, a Lu H U O oo Z r-1 D Z J Q J ui N v Z C7 Z WY C Lu O c=n a '1 n O m m a U 0 LLJ LL w N a M 00 w LuJ > a a Z N O z = z o N W LLJ Z 0 Q Z a � H 0 N < 11/06/19 CC AGENDA PACKET PG 286 Board of Zoning Adjustment Public Comments 11/06/19 CC AGENDA PACKET PG 287 (Opposition) 11/06/19 CC AGENDA PACKET PG 288 From: M R E [mailto:michaelhariri@outlook.com] Sent: Thursday, September 05, 2019 11:20 AM To: Paul Johnson Cc: Whitney M. Jackson Subject: 830 Union Ave CUP Complaints - Please confirm receipt Warning: This email originated from outside the City of Bakersfield. Think before you click! Good morning Paul, Following up on our very productive meeting today regarding the CUP application for 830 Union Ave, please see the following concerns below. As I mentioned, there is a direct correlative decrease in many of these issues, since the closure of the recycling center, with evidence being compiled in my upcoming report. The concern is that with the reopening of the recycling center, these issues will dramatically increase again and cause a huge strain on nearby residents, city services, and the community as a whole. -Actual advancement and development of homelessness in the immediate area surrounding the site: clients continuously use the funds obtained from recycling center proceeds to purchase and use narcotics, many times in plain sight of cars and passersby on Union Ave and Wallace St. -Promotion of prostitution: clients regularly use funds obtained from the recycling center to purchase services from prostitutes. (Have witnesses, verifiable from police reports.) -Safety hazard to the 40,000 cars that pass each day on Union Ave: carts, trash, clients of the site, and transients deliberately being pushed unto the street, having caused accidents and injuries. -Historical data shows a significant number of emergency calls and complaints and various city departments responding to the previous recycling center at the property. -While I'm still compiling my report based on the actual data recorded in each of the various city departments this includes approximately: -50-100 calls and/or site visits per year by Bakersfield Code Enforcement, David Paquette and other officers. Numbering between 200-300 within the last 5 years. (Please verify exact number, if possible, with code enforcement.) -50-100 emergency services called for police, fire, and EMS dispatched to the property and adjacent. -Numerous calls and responses by city sanitation to clean up dumped shopping carts, rubbish, and personal belongings left behind and not accepted, by clients of the recycling center. -Property owner and recycling center owners - numerous violations of the previously agreed upon terms and conditions required in order to operate the recycling center. That alone should disqualify them from being approved. -Unsightliness- reopening a recycling center on such a central and open thoroughfare would greatly tarnish the cleanliness and safety of the neighborhood, Union Ave, and Bakersfield in general. It is generally accepted that there are around 100 transients per day, many with shopping carts that are left 11/06/19 CC AGENDA PACKET PG 289 behind and not dealt with appropriately, visited the recycling center each day back when it was operating illegally. -Residents of the dwellings to the rear of the property have moved out due the above mentioned issues. Children afraid to go out, parents afraid of the needles, trash, and transients loitering and trespassing in and around the site, the alleyway, and on their property. -My recommendation is that the CUP application be denied. However, if the CUP is to still be considered, then with the following conditions: 1. Security cameras placed on all 4 sides of the 830 Union Ave site. 2. A 24-hour, round the clock security guard (in multiple shifts), 7 days per week to monitor and maintain security at the site. 3. Daily reporting to the appropriate city authorities of the unlawful activity in and around the site, so that they can immediately respond. 4. Daily clean-up of rubbish and debris on the site, guaranteed and paid for by the owner of the recycling center, as a condition of of CUP issuance. There should be a set maximum number of violations that they can have per year for failing this requirement. The weather and the people frequenting this facility have spread trash and debris from the the recycling center in a 100-200 feet radius around the site on a daily basis, including Union Ave. Only code enforcement and cleaning up their mess costs the city and taxpayers thousands of dollars every year. This should be the owner's responsibility. This is only a partial list of my concerns. I will have a more complete letter at the hearing. As I mentioned, I will be speaking at the hearing. Please put me on the roster. Thank you for your time and assistance in this matter. Regards, Michael Hariri 310-499-2777 11/06/19 CC AGENDA PACKET PG 290 From: Taraneh Hariri [mailto:taranehtabib@aol.com] Sent: Thursday, September 05, 2019 1:57 PM To: DEVPln Cc: Whitney M. Jackson; Paul Johnson Subject: CUP Recycling Center 830 Union Ave Warning: This email originated from outside the City of Bakersfield. Think before you click! To Whom It May Concern: Regarding the proposed Conditional Use Permit for 830 Union Ave. I am the owner of the two properties directly east of the proposed site. I strongly object to the issuance of a CUP for the stated purpose. During the previous 10 years when the recycling center had operated at that site, clients of the center routinely damaged my properties' fencing, trespassed on my land, and caused litter to inconvenience the residents living there. The store proprietor was complacent in turning a blind eye or encouraging the nuisances of his clients onto our adjacent properties. The proprietor has multiple code violations with the City of Bakersfield and leaking gas tanks causing environmental damage. Additionally, the proprietor's clients (vagrants, transients, hookers, drug dealers) had regularly infringed on our residents' rights to quiet and peaceful enjoyment of the property. I believe it would be fair to say that these problems would restart and get much worse if they would be allowed to reopen. Thank you for your consideration. Taraneh Hariri Alta Sierra Oak Properties LLC 818 Wallace Street, Bakersfield, CA 93307 814 Wallace Street, Bakersfield, CA 93307 11/06/19 CC AGENDA PACKET PG 291 (Support) 11/06/19 CC AGENDA PACKET PG 292 w F1 11 0.4:0, ,► O i T ro rf P l r wi i! ■ i C7 ! ro N oo v p Y ro ` N 1 � T m N l 'ai 11/06/19 CC AGENDA PACKET PG iS, 7 !ii U y7 ,► O i T ro < `. of 3 i ! ro N oo v Y ro ` _ m 1 11/06/19 CC AGENDA PACKET PG 29-- OR W, ra-al -c c :D E 0 0 C:) co E V) 0 CO >: 0, 62 —oiol 0 4) 0 -4-- Q) CY) 2 Z) 0 V3 C) E U E C 0 0 U L - (D c N U It.- 0) -0 u c >- .0 u (D C .0 4- 0 0 = < a 4- c (D E E c, 1� E (D Z75 !s .A 11106119 CC AGENDA PACKET PG 294 �X d N U a cn O o 70 � � c Q (ll U � � o 0 U N � o � O o U 0 m U d :D U O 0 0 Q) o a a� m �N� o�Q C ZD O O p CO N) V . 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O a) - p .� N zsz, o p J 0 U cy- N a U r. O Uco `X :.. u p o O .p O y "> > •O c7C3<_ p C �,, U p U 0 p �E O N E y- p p p p �. O �°- of a)Of Q 0 11/06/19 CC AGENDA PACKET PG 306 SI E E Rll SI 11106119 CC AGENDA PACKET PG 307 E E cU k, 95, 11106119 CC AGENDA PACKET PG 307 3 O: 11 L W C C U f O � yr- L � - C J _ fU i �, 11/06/19 CC AGENDA PACKET PG 308 O E 0 Q) CL U Q) 0 � o 4- Q) a� c L 0 0 a� c N � O � 0 U N O L -✓ � O _ > r ZD O U O N O 00 F O Q) Z7 U O O O U O 11/06/19 CC AGENDA PACKET PG 309 f E E 0 U N Q) 70 Q Q) 0 z Q} aD O N Q) 0 11/06/19 CC AGENDA PACKET PG 309 r-, •a in E O U a,� Lp UlrlU N �3 z _ Qi i M, 11/06/19 CC AGENDA PACKET PG 310 m U v 0 c o D .0 U 0 0 0 E a) 0 0 0 U U OI a) <D U 0 � U 0 0 � v E U0 QJ con `t -� Q co v 0 Z p� tj fU V_ 0 0 V 11/06/19 CC AGENDA PACKET PG 311 113 > C5 0 E 0 E (D W CO (D 0 0 c 0 Ul 113 11106119 CC AGENDA PACKET PG 312 V') Q) Its, 11106119 CC AGENDA PACKET PG 312 ID 11 L rd c 0 O V) ° 3 N 0 00 . E 0c U4- -01 N 0 0 U 0 0 N _N L 0 0 0) L 0 v N (ll 0 S E N U c:0 U 0 U � Q Z3 .� ^L^'' � 1— N � o � .a- U O � C N c -�- 0 U ° N E 0 ✓ N a� M � � c a r 4. Z3 .f 1 0 11/06/19 CC AGENDA PACKET PG 313 \4'•1 -4— U N N U v m I _ > C C :D V O U O co c� O CO E U 0 02, O U —01 O N Q% V V �. U N �N^♦l W �G �T ¢i1 z77— ri l W J 'O 7 i6\3 W Y W L D li l 1 \ 1 _N O D 11/06/19 CC AGENDA PACKET PG 314 Appeal Request 11/06/19 CC AGENDA PACKET PG 315 DOWLING I r4ARON N C 0 R P 0 R A T E D ATTORNEYS AND COUNSELORS AT LAW 5480 Colifamia Avenue. Suite 340 1 Bakersfifd, CA 43309 P: 661116.3000 I F:661.716.3405 www,dow Pingo oro n.co rn REQUEST FOR APPEAL September 19, 2019 City of Bakersfield City Council c/o City Clerk 1600 Truxtun Avenue Bakersfield, CA 93301 Re: Yadwinder Singh Dear Gentleperson: File No. 015774-001 This office represents Yadwinder Singh in the above referenced matter. This is Mr. Yadwinder Singh's written request for appeal of the Board of Zoning Adjustment's decision made at the hearing held on September 10, 2019 at 3:00 p.m. denying Conditional Use Permit no. 18-0397 ("CUP"). Mr. Singh proposed an updated conditional use permit to allow a recycling center within a State recognized convenience zone for the purchasing of California Redemption Value (CRV) containers from the public in the C-2 (Regional Commercial Zone) district, located at 830 Union Avenue. The "Staff" recommended approval of the CUP but the CUP was denied. Mr. Singh's appeal is based on the Board's application of the wrong standard of approval. Bakersfield Municipal Code Section 17.64.060.0 states that a finding that the CUP is "essential or desirable" is required. However, the Board limited its decision to whether the CUP was essential. Board Members openly discussed that they did not think the CUP was essential as it was only a short bike ride to another recycling center. The "Staff' had already determined that the CUP was desirable. In addition to the Staff's independent conclusion, two nearby residents testified at the hearing that the recycling center would be for more convenient for them and other nearby residents. North Fresno I Downtown Fresno I Sacramento I Visalia I Bakersfield 1 Salinas 11/06/19 CC AGENDA PACKET PG 316 September 19, 2019 Page 2 Additionally, a petition signed by dozens of nearby residents also showed that the CUP was both objectively and subjectively desirable. Mr. Singh did not present evidence as to whether the CUP was essential, because the standard expressly requires only a finding that the CUP is "essential or desirable." (Bakersfield Municipal Code Section 17.64.060.C). If the CUP was deemed to be either essential or desirable, the Board should have approved it. (in re E.A. (2018) 24 Cal.App.5th 648, 66, ["The plain and ordinary meaning of the word 'or,' when used in a statute, is to designate separate, disjunctive categories. [Citation.] The word 'or' suggests alternatives. [Citation.] In its ordinary sense in a statute, 'the function of the word 'or' is to mark an alternative such as 'either this or that.'])" It was not necessary for the CUP to be "essential." The CUP was demonstrated to be desirable and should be approved pursuant to Municipal Code Section 17.64.060.C.. Further, July 31, 2016, the City of Bakersfield ("City") and Mr. Singh entered into a settlement agreement regarding his previous CUP at the some location. The settlement agreement states that the "CUP will stay in effect" as long as Mr. Singh removed underground storage tanks, providing for extensions as long as Mr. Singh was reasonably working toward removing the tanks. Several verbal extensions were granted by City representatives to Mr. Singh. In compliance with the settlement agreement, Mr. Singh removed the underground tanks and, therefore, the original CUP should be retroactively activated. Mr. Singh requested a record or transcript of the hearing through a public records request. That request has not yet been fulfilled and we reserve the right to supplement this appeal when the records are provided. We further believe it is a violation of due process to limit the time of an appeal to such a short period of time when obtaining the record of the hearing being appealed cannot be completed within the stated appeal period. This appeal is submitted along with the $1,171.00 appeal filing fee. We look forward to presenting additional information in support of Mr. Singh's appeal. The record clearly reflects the CUP being desirable, and we are confident that the City Council will reverse the Board's ruling and find that the CUP should have been reinstated based on Mr, Singhs' compliance with the prior settlement agreement. JLT.sei 015774-00400!-02729252-1 Very truly yours, DOWLING AARON INCORPORATED Justin L. Thomas 11/06/19 CC AGENDA PACKET PG 317 Settlement Agreement 11/06/19 CC AGENDA PACKET PG 318 SETTLEMENT AND RELEASE AGREEMENT THIS SETTLEMENT AND RELEASE AGREEMENT ("Settlement") is made and entered into as of this '~l day of July, 2016, by and between YADWINDER SINGH ("Appellant") and the CITY OF BAKERSFIELD ("City"). BACKGROUND A. Appellant is the owner of a recycling center, located at 830 Union Avenue, Bakersfield, California 93307. B. Code Enforcement conducted an investigation of the recycling center and discovered Appellant's property was in violation of the Bakersfield Municipal Code ("BMC") sections 8.27.010(H)(1), 17.64, and 17.24.040 B(13), which led Code Enforcement to hold a hearing on the possible nuisance. Appellant timely requested an appeal hearing. C. Legal counsel for Appellant requested a meeting to discuss settlement of the appeal of an order for abatement of condition constituting a public nuisance. As a result of that discussion, Appellant and City have reached an agreement which will eliminate the need for an appeal hearing upon the following terms: TERMS 1. Appellant's Obligation: Effective immediately, Appellant agrees to voluntarily withdraw the Notice of Appeal before 5:00 p.m. on August 5, 2016. Appellant also agrees to obtain a permit and begin to remove the underground storage tank below the recycling center within 30 days. If Appellant operates the recycling center after 30 days or any extension period granted by the City and does not remove the underground storage tank within 6 months, the Conditional Use Permit (CUP) will be deemed null and void and Appellant will have to apply for a new CUP to operate again. 2. City's Obligation: In consideration of Appellant's agreement to withdraw the appeal, the City agrees to a 30 day extension which will allow Appellant to continue operating the recycling center. Whether the City provides Appellant another extension will depend not only on obtaining a permit for removal of the underground storage tank, but also on whether there has been significant progress in its removal. If the Appellant follows all the obligations stated above, then the CUP will stay in effect. 3. Release: a. Appellant does and for his heirs, executors, administrators, successors, and assigns release, acquit, and forever discharge the City of Bakersfield, its Mayor, Council, officers, agents, employees, and volunteers, and his, her, their, or its agents, servants, successors, heirs, executors, administrators, and all other persons, firms, corporations, associations, or partnerships of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service. expenses, and Settlement & P.eteas . P.gre2men! wrva,'.::•inder Sinoh SA8u11dtrm@\Code Fa'\dgrs`,Angl, Yddv.--jPr 330tM _ aSipnf&Pun,F7 Doo 11/06/19 CC AGENDA PACKET PG 319 compensation whatsoever, which Appellant now has or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen damages and the consequences resulting from the code enforcement case. b. All rights under section 1542 of the Civil Code of California, and any similar law (including any successor statutes and interpretive case law) of any state or territory of the United States, are hereby expressly waived. Section 1542 reads 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. 4. Entire Agreement: Appellant also declares and represents that no promise, inducement, or agreement not expressed in this Agreement has been made to him, that this Agreement contains the entire agreement between the parties hereto, and that the terms of this Agreement are contractual and not a mere recital. CAUTION: READ THIS AGREEMENT BEFORE SIGNING BELOW YADWINDER SINGH Appellant APPROVED AS TO FORM: DOWLING AARON Attorneys for Appellant By:By: JUSTIN L. THOMAS RI:VGK:dII SeMement 8 PM! ise Agreemen! wlYidwinder Singh 5:\H�:LJ�nRt,Cude EnP,Agrs\``�ngh vatlw+nder.890Vn:on.SY.T:y al;agr.�x. P BURNS Building Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD ICER Deputy City Attorney 11/06/19 CC AGENDA PACKET PG 320 Possible Conditions of Approval 11/06/19 CC AGENDA PACKET PG 321 DRAFT CONDITIONS OF APPROVAL Conditional Use Permit No. 18-0397 I. The applicant's rights granted by this approval are subject to the following provisions: • The project shall be in accordance with all approved plans, conditions of approval, and other required permits and approvals. All construction shall comply with applicable building codes. • All conditions imposed shall be diligently complied with at all times and all construction authorized or required shall be diligently prosecuted to completion before the premises shall be used for the purposes applied for under this approval. • This approval will not be effective until ten (10) days after the date upon which it is granted by the BZA to allow for appeal to the City Council. Any permit or license for any approval granted shall not be issued until that effective date. • This approval shall automatically be null and void two (2) years after the effective date unless the applicant or successor has actually commenced the rights granted, or if the rights granted are discontinued for a continuous period of one (1) year or more. This time can be extended for up to one (1) additional year by the approving body. • The BZA may initiate revocation of the rights granted if there is good cause, including but not limited to, failure to comply with conditions of approval, complete construction or exercise the rights granted, or violation by the owner or tenant of any provision of the Bakersfield Municipal Code pertaining to the premises for which the approval was granted. The BZA may also consider adding or modifying conditions to ensure the use complies with the intent of City ordinances. • Unless otherwise conditioned, this approval runs with the land and may continue under successive owners provided all the above mentioned provisions are satisfied. II. The following conditions shall be satisfied as part of the approval of this project: 1. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners and boards ("City" herein) 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, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. 11/06/19 CC AGENDA PACKET PG 322 CUP No. 18-0397 Page 1 2 of 6 The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. 2. This conditional use permit allows for a recycling center within a State -recognized convenience zone, for the purchasing of California Redemption Value (CRV) containers from the public in a C- 2 (Regional Commercial Zone) district, located at 830 Union Avenue, and as depicted on attached Exhibits B and C. 3. Operating hours are limited to seven days a week from 8:00 am to 5:00 pm. 4. The recycling operation shall not have more than two metal storage containers. 5. Metal storage containers shall be screened so that they are not visible from public streets. 6. Each metal storage container shall be painted a neutral, earth -tone, site compatible color. 7. Under no circumstances shall any metal storage container be used for an office, residence, or other purpose involving human occupancy. 8. The subject property, in its entirety, shall be maintained in a clean, odor and litter free manner. 9. Shopping carts and other items brought to the site by customers shall be returned and/or removed from the site by the end of each business day. 10. Without the prior written consent of the appropriate business owner, it is unlawful for any person to remove or cause to be removed any shopping cart, which is the property of the business establishment furnishing such carts for its customers' use, from the parking lot or other premises of said business establishment. 11. Loitering is prohibited on the premises. III. The following are specific items that you need to resolve before you can obtain a building permit or be allowed occupancy. These items include conditions and/or mitigation required by previous site entitlement approvals (these will be specifically noted), changes or additions that need to be shown on the final building plans, alert you to specific fees, and other conditions for your project to satisfy the City's development standards. The item will usually need to be shown on the final building plans or completed before a building permit is issued. Each has been grouped by department so that you know whom to contact if you have questions. A. DEVELOPMENT SERVICES - BUILDING (1715 Chester Avenue) (Staff contact - Oscar Fuentes; 661-326-3676 or OFuentes@bakersfieldcity.us) 1. Show on the final building plan how and where water will be drained from the property. 2. Show on the final building plan pedestrian access from the public way and accessible parking. Private streets are not the public way. 11/06/19 CC AGENDA PACKET PG 323 CUP No. 18-0397 Page 1 3 of 6 3. The developer shall include fire resistive wall construction details with the final building plans for all exterior walls of any building that is within the distance as set forth in Table 602 of the California Building Code. 4. Include with or show on the final building plans information necessary to verify that the project complies with all accessibility requirements of Title 24 of the California Building Code. 5. Buildings or structures shall require installation of an automatic fire sprinkler system where required by current California Building Code and City ordinance. 6. The Building Division will calculate and collect the appropriate school district impact fee at the time they issue a building permit. 7. Final Building plans shall show pedestrian access pathways or easements for persons with disabilities from public rights -of -ways that connect to all accessible buildings, facilities, elements, and spaces in accordance with the California Building Code. These pedestrian access ways shall not be parallel to vehicular lanes unless separated by curbs or railings. B. DEVELOPMENT SERVICES - PLANNING (1715 Chester Avenue) (Staff contact - Whitney Jackson; 661-326-3673 or WJackson@bakersfieldcity.us) 1. The minimum parking required for this project has been computed based on use and shall be as follows: Proposed Square Parking Required Use Footage Ratio Parking Existing Fuel Station 4,000 SF 1/300 SF 13 spaces Recycling Center 1/Employee (2 employees) 2 spaces 2 for Customers 2 spaces Subtotal 17 spaces Fuel Pump Credit 2 per pump (4 pumps) (8) spaces Required Parking: 9 spaces (Note 1: 9 parking spaces are shown on the proposed site plan. By ordinance, compact and tandem spaces cannot be counted towards meeting minimum parking requirements.) (Note 2: At the time the fuel station was established, parking was calculated at 1 parking space for each 300 square feet; minimum of 5 parking spaces required.) 2. Minimum parking stall dimensions shall be 9 feet wide by 18 feet long and shall be designed according to standards established by the Traffic Engineer. Vehicles may hang over landscape areas no more than 2-1/2 feet provided required setbacks along street frontages are maintained, and trees and shrubs are protected from vehicles. 3. All parking lots, driveways, drive aisles, loading areas, and other vehicular access ways, shall be paved with concrete, asphaltic concrete (A. C.), or other paved street surfacing material in accordance with the Bakersfield Municipal Code (Sections 15.76.020 and 17.58.060.A.). 11/06/19 CC AGENDA PACKET PG 324 CUP No. 18-0397 Page 14 of 6 4. Lighting is required for all parking lots, except residential lots with four units or less (Section 17.58.060.A.). Illumination shall be evenly distributed across the parking area with light fixtures designed and arranged so that light is directed downward and is reflected away from adjacent properties and streets. Use of glare shields or baffles may be required for glare reduction or control of back light. No light poles, standards and fixtures, including bases or pedestals, shall exceed a height of 40 feet above grade. However, light standards placed less than 50 feet from residentially zoned or designated property, or from existing residential development, shall not exceed a height of 15 feet. The final building plans shall include a picture or diagram of the light fixtures being used and show how light will be directed onto the parking area. (Note: Staff can require additional adjustments to installed lighting after occupancy to resolve glare or other lighting problems if they negatively affect adjacent properties.) 5. Business identification signs are neither considered nor approved under this review. A separate sign permit reviewed by the Planning and Building Divisions and issued by the Building Division, is required for all new signs, including future use and construction signs. Signs must comply with the Sign Ordinance (Chapter 17.60 of the Bakersfield Municipal Code.) 6. Open storage of materials and equipment shall be surrounded and screened with a solid wall or fence (screening also applies to gates). This fence shall be at least 6 feet in height and materials shall not be stacked above the height of the fence. (Note: Fences taller than 6 feet are allowed in commercial and industrial zones but they will require a building permit.) 7. Outside work, storage, sales and display of merchandise and materials is prohibited. All activities and all storage of merchandise and materials shall be conducted and/or contained within an enclosed building. (Note: This does not include outdoor seating areas for restaurants.) 8. Refuse collection bin enclosures and container areas are subject to all required structural setback from street frontages, and shall not reduce any parking, loading or landscaping areas as required by the Zoning Ordinance. C. FIRE DEPARTMENT (2101 H Street) (Staff contact - Ernie Medina; 661-326-3682 or EMedina@bakersfieldcity.us) 1. Show on the final building plans the following items: a. All fire hydrants, both offsite (nearest to site) and on-site. Include flow data on all hydrants. Hydrants shall be in good working condition and are subject to testing for verification. Fire flow requirements must be met prior to construction commencing on the project site. Please provide two (2) sets of the water plans stamped by a licensed Registered Civil Engineer to the Fire Department and two (2) sets to the Water Resources Department (1000 Buena Vista Road, Bakersfield, CA. 93311; 661-326-3715). (Note: Show: 1) distance to the nearest hydrant; and 2) distance from that hydrant to the farthest point of the project site.) 11/06/19 CC AGENDA PACKET PG 325 CUP No. 18-0397 G7 E. F G. Page 1 5 of 6 2. If you handle hazardous materials or hazardous waste on the site, the Prevention Services Division may require a hazardous material management and/or risk management plan before you can begin operations. Please contact them at 661-326-3979 for further information. 3. All projects must comply with the current California Fire Code and current City of Bakersfield Municipal Code. WATER RESOURCES (1000 Buena Vista Road) (Staff contact - Tylor Hester; 661-326-3715 or THester@bakersfieldcity.us) As proposed, no conditions at this time. PUBLIC WORKS - ENGINEERING (1501 Truxtun Avenue) (Staff contact - George Gillburg; 661-326-3997 or GGill bur@bakersfieldcity.us) As proposed, no conditions at this time. PUBLIC WORKS - TRAFFIC (1501 Truxtun Avenue) (Staff contact - George Gillburg; 661-326-3997 or GGill bur@bakersfieldcity.us) As proposed, no conditions at this time. PUBLIC WORKS - SOLID WASTE (4101 Truxtun Avenue) (Staff Contact -Jesus Carrera; 661-326-3114 or jcarrera@bakersfieldcity.us) 1. You must contact the staff person noted above before building permits can be issued or work begins on the property to establish the level and type of service necessary for the collection of refuse and/or recycled materials. Collection locations must provide enough containment area for the refuse that is generated without violating required zoning or setback restrictions (see Planning Division conditions). Levels of service are based on how often collection occurs as follows: • Cart service -- 1 cubic yard/week or less 1 time per week • Front loader bin services -- 1 cubic yard/week - 12 cubic yards/day • Roll -off compactor service -- More than 12 cubic yards/day 2. Show on the final building plans refuse/recycle bin enclosures. Each enclosure shall be designed according to adopted city standard (Detail # ST -27 and ST -28), at the size checked below 0. Before occupancy of the building or site is allowed, 2, 3 cubic yard front loading type refuse/recycle bin(s) shall be placed within the required enclosure(s). ❑ 6' deep x 8' wide (1 bin) ❑ 8' deep x 15' wide (3 bins) 0 1 - 8' deep x 10' wide (2 bins) ❑ 8' deep x 20' wide (4 bins) (Note 1: All measurements above are curb -to -curb dimensions inside the enclosure. If both refuse and recycling containers are to be combined in the same enclosure area, this area must be expanded in size to accommodate multiple containers/bins - contact the staff person above for the appropriate enclosure size.) (Note 2: If the facility is using existing onsite refuse, there must be a signed agreement from the owner on file.) 11/06/19 CC AGENDA PACKET PG 326 CUP No. 18-0397 Page 1 6 of 6 3. Examples of enclosure styles can be found on (Detail # ST -32). 4. Facilities with existing refuse service must improve the service location area(s) according to adopted City standards (Detail # ST -27 and ST -28). These improvements shall be clearly shown on the final building plans. 5. Revise the sites plan to make the trash enclosure accessible to the refuse truck. Move the enclosure towards the front of the site entrance. (Note: City trucks may not drive down dead end corridors, nor back-up long distances.) 11/06/19 CC AGENDA PACKET PG 327 RECD & PLACED ON FILE AT BAKERSFIELD CITY COUNCIL _MEETING 11106119 CC AGENDA PACKET PG 328 Project Overview • 800 sf area • 8'x 20' metal storage container • 8'x 15' glass storage roll -away container 1 • Two employees • 7 days (8:00 am - 5:00 ,_,O_� JIMMI ILM Convenience Zone • Provides an opportunity to redeem containers near where the beverages were purchased • 1/2 radius from State defined supermarket o Sells full line of groceries o At least $2 million in sales o Progressive Grocer Marketing Guidebook 2 11/06/19 CC AGENDA PACKET PG 329 AEL ®1 1®� ►7 `7 Convenience Zone • Provides an opportunity to redeem containers near where the beverages were purchased • 1/2 radius from State defined supermarket o Sells full line of groceries o At least $2 million in sales o Progressive Grocer Marketing Guidebook 2 11/06/19 CC AGENDA PACKET PG 329 Handling Fees • CalRecycle subsidizes convenience zone -based recyclers o $0.00860 per beverage container redeemed • State law does not allow multiple payments within same convenience zone 0 1 st recycler becomes ineligible after 60 days of 2nd recycler opening 0 2nd recycler will also be ineligible from that day forward Additional Background • 2009: CUP approved to allow CRV center • 2018: CRV center closed due to violations (settlement agreement with City) • 2019: BZA denied CUP to allow CRV center; subsequently appealed Bakersfield Municipal Code • Findings o Deemed essential or desirable to the public convenience or welfare o In harmony with the various elements & objectives of the General Plan • Subject to Conditions o Comply with zoning regulations o Comply with elements & objectives of the General Plan o Comply with policies of the City • Protect public health, safety, convenience, or welfare 3 11/06/19 CC AGENDA PACKET PG 330 11/06/19 CC AGENDA PACKET PG 331 RECD & PLACED ON FILE AT COUNCIL MEETING OF .AT COUNCIL et-04`5 Petition Against Accepting a New Recycling Business By signing this petition I acknoledge that I do not accept another recycling business in the same area. By signing I'm aware that I'm not been prejudice or racist in any way, shape or form. I'm aware that it will cause safety issues on the new location since there is no cross -walk close by 830 Union Ave. Bakersfield, Ca 93307. By signing this petition I'm informed of the situation and I do not accept the new location of the individual trying to open the new 1 Gl. Gllll v PHON 1-; 4 PRINT NAME ADDRESS SIGNATURE fo �,� �i_-��v o as ,✓��G' of 3 3 J �5X -NIS L{33 -7-5- �- y3�O`� Ucv��P, ��3a L.qS JK1 �� U n i o V,5 U a 55 -6 I-35d-p��5 V1 `1 I U/L, C�4. 0�-a�z j 0( Z4 (/7 A i Lz2 11/06/19 CC AGENDA PACKET PG 332 Petition Against Accepting a New Recycling Business By signilag this petition I aeknoledge that I do not accept another- recycling business in the same area. By signing I'm awaa'e that I'm not been prejudice or racist in any way, shape or form. I'm aware that it will cause safety issues on the new location since there is no cross -walk close by 830 Union Ave. Bakersfield, Ca 93307. By signing this petition I'm informed of the situation and I do not accept the new location of the individual trying to opens the new Y Ul_ i;llll PHONE # PRINT NAME ADDRESS SIGNATURE E�$J 271k d (� 11/06/19 CC AGENDA PACKET PG 333 Petition Against Accepting a New Recycling Business By signing this petition I acknoledge that I do not accept another recycling business in the same area. By signing I'm aware that I'm not been prejudice or racist in any way, shape or form. I'm aware that it will cause safety issues on the new location since there is no cross -walk close by 830 Union Ave. Bakersfield, Ca 93307. By signing this petition I'm informed of the situation and I do not accept the new location of the individual trying to open the new recycling center. PHONE 41 PRINT NAME ADDRESS SIGNATURE r,0 &5-3'z C/I U �ZR Sc L &-bq GSC Z, 0 317 7-t14G' 6- C. 517, 14cf � U I -S 00 aquy-% 11/06/19 CC AGENDA PACKET PG 334 66V -3 pt 0 1-e2( Li2,73 f 4 Y' ll L l6 6 7 � ? C r , -71C2 1 fY3. f ti y YA0-�y Gt r (z, Ubi 11/06/19 CC AGENDA PACKET PG 335 Petition. Against Accepting a New Recycling Business By signing this petition I acknoledge that l do not accept another recycling business in the same area. By signing I'm aware that I'nn not been prejudice or racist in any way, shape or form. I'm aware that it will cause safety issues on the new location since there is no cross -walk close by 830 Union Ave. Bakersfield, Ca 93307. By signing this petition I'm informed of the situation and I do not accept the new location of the individual trying to open the new recycling center. PHONE PRINT NAME ADDRESS SIGN URE 9 j r , Q. / ; eqo (o PN N'-\ V X IWO zhz� WNa SSSI akCk -t1.1 C' x)01 ��i,v� c�e,u 11/06/19 CC AGENDA PACKET PG 336 Petition Against Accepting a New Recycling Business By signing this petition I acknoledge that I do not accept another recycling business in the same area. By signing I'm aware that I'm not been prejudice or racist in any way, shape or form. I'm aware that it will cause safety issues on the new location since there is no cross -walk close by 830 Union Ave. Bakersfield, Ca 93307. By signing this petition I'm informed of the situation and I do not accept the new location of the individual trying to open the new recyclue center. PHONE # PRINT NAME ADDRESS SIGNATURE 66 4? -:7-7q&6 " OrrIaP rSCOkarv n ai'l 1 t tck L.eUckao cyl AJe 11/06/19 CC AGENDA PACKET PG 337 Petition Against Accepting a New Recycling Business Company Name: " Address: Name & Telephone Number: This letter is in reference to the new recycle business that wants to establish business in address of 830 Union Ave. Bakersfield, Ca 93307. I'm aware that there is one recycle center located at 349 Union Ave. Bakersfield, Ca 93307, that is situated in an area that is safer for pedestrian when crossing streets and that it's far away from other businesses including mine. By signing this letter I'm aware that in no way am I been prejudice and I'm volunteering to sign on my own. However, having the new recycling business in 830 Union Ave. Bakersfield, Ca 93307 will cause more trash among businesses that are close by and more individuals sleeping in a very transited area. PRINT NAME SIGNATURE DATE. Y �= 11/06/19 CC AGENDA PACKET PG 338 Petition Against Accepting a New Recycling Business Company Name: li Address: GOO t) n f A U 5-�-- Name &Telephone Number: a S Ll This letter is in reference to the new recycle business that wants to establish business in address of 830 Union Ave. Bakersfield, Ca 93307. I'm aware that there is one recycle center located at 349 Union Ave. Bakersfield, Ca 93307, that is situated in an area that is safer for pedestrian when crossing streets and that it's far away from other businesses including mine. By signing this letter I'm aware that in no way am I been.prejudice and I'm volunteering to sign on my own. However, having the new recycling business in 830 Union Ave. Bakersfield, Ca 93307 will cause more trash among businesses that are close by and more individuals sleeping in a very transited area. _�(�nGI15 7,e%tdr� PRINT NAME --rrorgc',S 2.-C,6c�O-�, SIGNATURE DATE 11/06/19 CC AGENDA PACKET PG 339 Company Name: Petition Against Accepting a New Recycling Business Oz �rc'i1'IC f Address: tl t��En7 &xt''.• Name & Telephone Number:C-1I -r �'nEg ff42601-362 —15�i1' This letter is in reference to the new recycle business that wants to establish business in address of 830 Union Ave. Bakersfield, Ca 93307. I'm aware that there is one recycle center located at 349 Union Ave. Bakersfield, Ca 93307, that is situated in an area that is safer for pedestrian when crossing streets and that it's far away from other businesses including mine. By signing this letter I'm aware that in no way am I been prejudice and I'm volunteering to sign on my own. However, having the new recycling business in 830 Union Ave. Bakersfield, Ca 93307 will cause more trash among businesses that are close by and more individuals sleeping in a very transited area. 4, l., 3 7 y� P T NAME SIGNATURE: /® / DATF, 11/06/19 CC AGENDA PACKET PG 340 Petition Against Accepting a New Recycling Business Company Name:" Address: 0 A 1 6 a� Name & Telephone Number: This letter is in reference to the new recycle business that wants to establish business in address of 830 Union Ave. Bakersfield, Ca 93307. I'm aware that there is one recycle center located at 349 Union Ave. Bakersfield, Ca 93307, that is situated in an area that is safer for pedestrian when crossing streets and that it's far away from other businesses including mine. By signing this letter I'm aware that in no way am I been prejudice and I'm volunteering to sign on my own. However, having the new recycling business in 830 Union Ave. Bakersfield, Ca 93307 will cause more trash among businesses that are close by and more individuals sleeping in a very transited area. PRINT NAME SIGNAT DATE 11/06/19 CC AGENDA PACKET PG 341 Petition Against Accepting a New Recycling Business Company Name: Address: --f-ib Q Name & Telephone Number: So This letter is in reference to the new recycle business that wants to establish business in address of 830 Union Ave. Bakersfield, Ca 93307. I'm aware that there is one recycle center located at 349 Union Ave. Bakersfield, Ca 93307, that is situated in an area that is safer for pedestrian when crossing streets and that it's far away from other businesses including mine. By signing this letter I'm aware that in no way am I been prejudice and I'm volunteering to sign on my own. However, having the new recycling business in 830 Union Ave. Bakersfield, Ca 93307 will cause more trash among businesses that are close by and more individuals sleeping in a very transited area. Y PRINT NAME sidW,TuRE 11/06/19 CC AGENDA PACKET PG 342 Petition Against Accepting a New Recycling Business Company Name: L Address:' ;� Com. i Name & Telephone Number: Q t$q I to LO I �00 — S o 8D This letter is in reference to the new recycle business that wants to establish business in address of 830 Union Ave. Bakersfield, Ca 93307. I'm aware that there is one recycle center located at 349 Union Ave. Bakersfield, Ca 93307, that is situated in an area that is safer for pedestrian when crossing streets and that it's far away from other businesses including mine. By signing this letter I'm aware that in no way am I been prejudice and I'm volunteering to sign on my own. However, having the new recycling business in 830 Union Ave. Bakersfield, Ca 93307 will cause more trash among businesses that are close by and more individuals sleeping in a very transited area. 611z-ale-2- PRINI SIG DATE 11/06/19 CC AGENDA PACKET PG 343 Company Address: Petition Against Accepting a New Recycling Business Name & Telephone Number: .: 71fl�—� k' IU6 Ii Q, cr--- This letter is in reference to the new recycle business that wants to establish business in address of 830 Union Ave. Bakersfield, Ca 93307. I'm aware that there is one recycle center located at 349 Union Ave. Bakersfield, Ca 93307, that is situated in an area that is safer for pedestrian when crossing streets and that it's far away from other businesses including mine. By signing this letter I'm aware that in no way am I been prejudice and I'm volunteering to sign on my own. However, having the new recycling business in 830 Union Ave. Bakersfield, Ca 93307 will cause more trash among businesses that are close by and more individuals sleeping in a very transited area. PRINT NAME s DATE 11/06/19 CC AGENDA PACKET PG 344 Petition Against Accepting a New Recycling Business Company Name: Z2 1-,S�- ` �e-: Address: ;E!�2- U Ear, a n W -A Name &Telephone Number: 46�� 6 7-:7— a This letter is in reference to the new recycle business that wants to establish business in address of 830 Union Ave. Bakersfield, Ca 93307. I'm aware that there is one recycle center located at 349 Union Ave. Bakersfield, Ca 93307, that is situated in an area that is safer for pedestrian when crossing streets and that it's far away from other businesses including mine. By signing this letter I'm aware that in no way am I been prejudice and I'm volunteering to sign on my own. However, having the new recycling business in 830 Union Ave. Bakersfield, Ca 93307 will cause more trash among businesses that are close by and more individuals sleeping in a very transited area. PRINT NAME �lt���f SIGNATURE eel 17 DATE 11/06/19 CC AGENDA PACKET PG 345 Petition Against Accepting a New Recycling Business Company Name: -e4 -/.- Address: .Address: 0 1,-3D e . Name & Telephone Number: O/Yo ,--�"5--3�>SS This letter is in reference to the new recycle business that wants to establish business in address of 830 Union Ave. Bakersfield, Ca 93307. I'm aware that there is one recycle center located at 349 Union Ave. Bakersfield, Ca 93.307, that is situated in an area that is safer for pedestrian when crossing streets and that it's far away from other businesses including mine. By signing this letter I'm aware that in no way am I been prejudice and I'm volunteering to sign on my own. However, having the new recycling business in 830 Union Ave. Bakersfield, Ca 93307 will cause more trash among businesses that are close by and more individuals sleeping in a very transited area. 124,1 cic PRINT NAME =:; r �- _-- 0 : 5 � I - - SI ATURE /0/ tl3 0 ,Z,/ DATE 11/06/19 CC AGENDA PACKET PG 346 Petition Against Accepting a New Recycling Business Company Name: rc)6'0 MA Address: 1110 J)dj i o �j Ave-:,- Name & Telephone Number: }-S —0 M g This letter is in reference to the new recycle business that wants to establish business in address of 830 Union Ave. Bakersfield, Ca 93307. I'm aware that there is one recycle center located at 349 Union Ave. Bakersfield, Ca 93307, that is situated in an area that is safer for pedestrian when crossing streets and that it's far away from other businesses including mine. By signing this letter I'm aware that in no way am I been prejudice and I'm volunteering to sign on my own. However, having the new recycling business in 830 Union Ave. Bakersfield, Ca 93307 will cause more trash among businesses that are close by and more individuals sleeping in a very transited area. PRINT NAME 4v " SIGNATURE DATE 11/06/19 CC AGENDA PACKET PG 347_ t✓ BAKERSFIELD THE SOUND OF c5 W&4*W fVeW ADMINISTRATIVE REPORT MEETING DATE: 11/6/2019 Deferred Business 12. a. TO: Honorable Mayor and City Council FROM: Phil Burns, Interim Development Services Director DAT E: 9/25/2019 WARD: Ward 2 SUBJECT: Adoption of ordinance amending Section 17.58.120 of the Bakersfield Municipal Code relating to parking space requirements within the "central district" and other mixed-use areas. (FR 10/23/19) STAFF RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: At the September 11, 2019 City Council meeting, Councilmember Smith made a referral (No. 833) for Staff to examine a change to parking requirements for downtown businesses. CM Smith requested that if a property has a change of use that there be no additional parking required. On October 17, 2019, the Planning Commission was presented the first draft of the amended Ordinance. The Commission directed Staff to bring the draft Ordinance to City Council. The attached proposed ordinance is responsive to Council's direction. This ordinance had a first reading on October 23, 2019. ATTACHMENTS: Description ❑ Ordinance ❑ PowerPoint presentation Type Ordinance Presentation 11/06/19 CC AGENDA PACKET PG 348 ORDINANCE NO. AN ORDINANCE ADDING SECTION 17.58.120 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ZONING. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Sections 17.58.120 of the Bakersfield Municipal Code are hereby enacted to read as follows: Chapter 17.58 Parking and Loading Standards 17.58.120 Parking space requirements within the "central district" and other mixed-use areas. Off-street parking within the "central district" as defined in Chapter 17.04, "Old Town Kern" as defined in Chapter 10.08, C -B zone district, or C -C zone district for a mixed-use residential and retail/office commercial project where the design and development functions as an integrated unit as approved by the advisory agency, may be reduced by up to fifty percent of the minimum requirement assessed under Section 17.58.110. The number of off-street parking spaces shall not exceed one hundred fifty percent of the minimum requirement (limit does not apply to residential uses). Any change of use at an existing building in the "central district" shall not be subject to additional off-street parking requirements set forth in this chapter, provided the applicant establishes, to the satisfaction of the Planning Director, that the change of use does not require an expansion of building size. 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. ---000---------- Page 1 of 2 Pages 11/06/19 CC AGENDA PACKET PG 349 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: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: APPROVED: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Page 2 of 2 Pages 11/06/19 CC AGENDA PACKET PG 350 AMENDMENT OF SECTION 17.58.120 City Council Meeting November 6, 2019 Purpose September 11, 2019: Referral from Councilmember Smith, who requested a change to parking requirements for businesses downtown, so that if a property has a change of use that there be no additional parking required. The purpose of the change is to offer an incentive for redevelopment in the downtown "central district." Downtown - "Central District" Downtown Bakersfield Parking Study C The Downtown Parking study was presented to and accepted by the City Council in April 2018. The City has undertaken the following recommendations: Phase 1— Area 1 (core downtown; F to Q St., Truxtun to 23`d St.) Improvements Streamline parking time limits to 60 minutes, 90 minutes, and 2 hours to allow for more efficient enforcement Parking enforcement technicians — have since changed to permanent employees to ensure longevity. These parking techs also cover the neighborhoods surrounding Bakersfield College Parking Garage improvements • Doubled the security hours; security walks the garage every half hour • Removed 1 row of parking on the first floor to allow easier maneuvering for safe entry and exit, per community feedback • Conversion of lighting to LED lighting Downtown Bakersfield Parking Study Phase 2 — G Street Parking Mall: The consultants who prepared the parking study complimented the City on its use of parking malls for their ability to increase capacity and calm traffic. G Street from 181h Street to 20th Street has been converted to a parking mall, adding 15 additional parking spaces to the on -street capacity in a high - use area The study also included a discussion on areas for potential future study such as installing more parking malls throughout downtown and metered short-term parking. It has been less than a year since the City began to implement recommendations in the study. The City would like a little more time to implement and evaluate the recommendations. The City expects to begin work on the next phase of the study in FY 19-20, which entails the streamlining of parking times in the `Area 2" section of the study area near the medical offices north of 24' Street. PROPOSED REVISIONS 17.58.120 - Parking space requirements within the "central district" and other mixed-use areas. Off-street parking within the "central district" as defined in Chapter 17.04, "Old Town Kern" as defined in Chapter 10.08, C -B zone district, or C -C zone district for a mixed-use residential and retail/office commercial project where the design and development functions as an integrated unit as approved by the advisory agency, may be reduced by up to 50% of the minimum requirement assessed under Section 17.58.110. The number of off-street parking spaces shall not exceed 150% of the minimum requirement (limit does not apply to residential uses). Any change of use at an existing building in the central district shall not be subject to additional off-street parking requirements set forth in this chapter, provided the applicant establishes to the satisfaction of the Planning Director, that the change of use does not require an expansion of building size. 11/6/2019 11/06/19 CC AGENDA PACKET PG 354 t✓ BAKERSFIELD THE SOUND OF c5 W&4*W f'r RW ADMINISTRATIVE REPORT MEETING DATE: 11/6/2019 New Business 13. a. TO: Honorable Mayor and City Council FROM: Julie Drimakis, City Clerk DAT E: 9/24/2019 WARD: SUBJECT: Resolution setting the dates of the regular City Council meetings, budget hearings, and department budget presentations for calendar year 2020. STAFF RECOMMENDATION: Staff recommends City Council determination. BACKGROUND: This resolution sets forth the regular City Council meetings, budget hearings, and department presentations for calendar year 2020. Meetings will be held in the City Council Chambers at 3:30 p.m. and 5:15 p.m. Two Monday budget workshops are scheduled at 12:00 p.m. on May 11, 2020, and June 8, 2020. The budget hearing is scheduled at a regularly scheduled meeting on June 10, 2020, and the budget adoption is scheduled at a regularly scheduled meeting on June 24, 2020. National Holidays, spring break, conflicting board meetings, League of California Cities conferences, State of the County event, and budget deadlines were taken into consideration when preparing the calendar. One meeting is scheduled during the months of February, April, July, August, October and December. ATTACHMENTS: Description D Blue Memo D Resolution D ExhibitA Type Cover Memo Resolution Exhibit 11/06/19 CC AGENDA PACKET PG 355 00 BAKERSFIELD THE SOUND OF t��Uff CITY CLERK'S OFFICE MEMORANDUM November 6, 2019 TO: HONORABLE MAYOR AND COUNCILMEMBERS FROM: JULIE DRIMAKIS, CITY CLERK SUBJECT: COUNCIL MEETING NOVEMBER 6, 2019 AGENDA NEW BUSINESS 13.a. Please see the revised City Council Meeting Calendar, reflecting a change to the month of April, for approval. 11/06/19 CC AGENDA PACKET PG 356 SCHEDULED MEETINGS BAKERSFIELD CITY COUNCIL JANUARY 2020 THROUGH DECEMBER 2020 Adopted November 6, 2019 ©REGULAR MEETINGS BEGIN @ 3:34 P.M. & 5:15 P.M. (Annual Budget kickoff 516. Budget Hearing on 6110. and Adoption on 6124) QHolidays - City Hall Closed Resolution No. MDEPARTMENT BUDGET WORKSHOPS @ 12:00 NOON JANUARY S M T S M T W ITH IF S S 21 3 11 21 3 4 5 6 7 81 91 10 11 12 13 14 151 161 17 18 19 20 21 221 231 24 25 261 271 287PFEH 28 2191 30 31 301 31 :n± --d Resolution No. MDEPARTMENT BUDGET WORKSHOPS @ 12:00 NOON APRIL S M T S S M T WITHI WITH THI F S 21 3 4 1 21 3 4 5 6 7 8 91 10 11 12 13 14 15 161 17 18 19 20 21 22 23 24 25 26 27 28 2191 30 31 301 31 :n± --d Resolution No. MDEPARTMENT BUDGET WORKSHOPS @ 12:00 NOON JULY S M T S S M T W THI F S 21 3 4 1 21 3 4 5 6 7 8 91 10 11 12 13 14 15 161 17 18 191 201 21 22 23 24 25 261 271 28 29 301 31 301 31 :n± --d Resolution No. MDEPARTMENT BUDGET WORKSHOPS @ 12:00 NOON OCTOBER S M T S M T W TH F S 1 21 3 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 181 191 20 211 221 231 24 251 261 271 28 291 301 31 301 31 Resolution No. MDEPARTMENT BUDGET WORKSHOPS @ 12:00 NOON 11/06/19 CC AGENDA PACKET PG 357 FEBRUARY S M T S M T W TH IF F S 1 21 3 4 5 6 1 2 3 4 5 61 7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 231 241 25 26 27 28 29 301 31 11/06/19 CC AGENDA PACKET PG 357 AUGUST S M T S M T W TH F S 1 21 3 4 5 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 231 241 251 261 271 281 29 301 31 11/06/19 CC AGENDA PACKET PG 357 NOVEMBER S M T S I M I T W TH I F S 1 21 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 291 30 31 11/06/19 CC AGENDA PACKET PG 357 MARCH S M T S M T W TH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 301 31 25 26 27 281 291 30 31 11/06/19 CC AGENDA PACKET PG 357 JUNE S M T W TH F S 1 2 3 4 5 6 7� 14 15 9 16 10 11 12 13 17 18 19 20 21 22 23 24 25 26 27 28 29 30 4 5 6 7 11/06/19 CC AGENDA PACKET PG 357 SEPTEMBER S M T W I TH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281 291 30 31 11/06/19 CC AGENDA PACKET PG 357 DECEMBER S M T W THI F S 1 2 3 4 5 6 7 81 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11/06/19 CC AGENDA PACKET PG 357 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD SETTING THE DATES FOR REGULAR MEETINGS OF THE CITY COUNCIL, DEPARTMENT BUDGET PRESENTATIONS AND BUDGET HEARING FOR JANUARY THROUGH DECEMBER 2020. WHEREAS, pursuant to Section 2.04.010 of the Municipal Code of the City of Bakersfield, the Council may, from time to time, by resolution, change the meetings to be held during any specified period of time. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that the Regular City Council Meetings will be held on Wednesdays in the Council Chambers at 3:30 P.M. and 5:15 P.M., Department Budget Presentations will be held on Mondays at 12:00 P.M., or as soon thereafter, and Budget Hearings will be held at 5:15 P.M., or as soon thereafter, as shown below and on Exhibit "A" attached hereto: REGULAR CITY COUNCIL MEETINGS (Wednesdays at 3:30 p.m. and 5:15 p.m.) January 8, 2020 May 6, 2020 September 9, 2020 January 22, 2020 May 20, 2020 September 23, 2020 February 19, 2020 June 10, 2020 October 14, 2020 March 11, 2020 June 24, 2020 November 4, 2020 March 25, 2020 July 15, 2020 November 18, 2020 April 22, 2020 August 12, 2020 December 16, 2020 DEPARTMENT BUDGET PRESENTATIONS (Mondays at 12:00 noon) May 11, 2020 June 8, 2020 BUDGET HEARING AND ADOPTION June 10, 2020 June 24, 2020 (Adoption) 11/06/19 CC AGENDA PACKET PG 358 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: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED KAREN GOH Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney Exhibit A 11/06/19 CC AGENDA PACKET PG 359 SCHEDULED MEETINGS BAKERSFIELD CITY COUNCIL JANUARY 2020 THROUGH DECEMBER 2020 Adopted November 6, 2019 F—IREGULAR MEETINGS BEGIN @ 3:30 P.M. & 5:15 P.M. (Annual Budget kickoff 5/6, Budget Hearing on 6/10, and Adoption on 6/24) =Holidays -City Hall Closed Resolution No. DEPARTMENT BUDGET WORKSHOPS @ 12:00 NOON JANUARY S M T W TH F mmmmmm© S mmmmm©© mmmm©©m 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 261 271 28 291 301 31 29 mmmmmmm mmmmmmm i Resolution No. DEPARTMENT BUDGET WORKSHOPS @ 12:00 NOON .- ©©0©mm© mmmmmm T W TH mmmmmm© S mmmmm©© mmmm©©m 3 mmm M mmM 1 m©mmm�m ©mmm�mm 4 5 6 7 mmM Mmm®®m® ®®m®mmm 11 12 ® mmm 15 �Mw Mm®®® mmmmmmm = mm® 21 m® mm®�mm® �®�mmmm 25 26 27 28 29 mmmmmmm mmmmmmm i Resolution No. DEPARTMENT BUDGET WORKSHOPS @ 12:00 NOON .- ©©0©mm© mmmmmm T W TH mmmmmm© S mmmmm©© mmmm©©m 3 mmm M mmM 1 m©mmm�m mmmmmmm 4 5 6 7 mmM Mmm®®m® ®®m 11 12 ® mmm 15 �Mw Mm®®® mmmmmmm = mm® 21 m® mm®�mm® mmmmm®m 25 26 27 28 29 mmmmmmm mmmmmmm i Resolution No. DEPARTMENT BUDGET WORKSHOPS @ 12:00 NOON .- ©©0©mm© M T W TH mmmmmm© S mmmmm©© 2 3 mmm M mmM 1 m©mmm�m mom®m®m 4 5 6 7 mmM Mmm®®m® ®®® 11 12 mmm®Mmm 14 15 �Mw 17 mmmmmmm = mm® 21 22 mm®�mm® 24 25 26 27 28 29 mmmmmmm 31 i Resolution No. DEPARTMENT BUDGET WORKSHOPS @ 12:00 NOON 11/06/19 CC AGENDA PACKET PG 360 .- mmmmmmm M T W TH mmmmmm© S mmmmmmm 2 3 mmm M mmM 1 ©mmmmmm mom®m®m 4 5 6 7 mmM Mmm®®m® ®®® 11 12 mmm®Mmm 14 15 �Mw 17 mmmmmmm = mm® 21 22 ®mmmmmm 24 25 26 27 28 29 mmmmmmm 31 i 11/06/19 CC AGENDA PACKET PG 360 AUGUST mmmmmmm M T W TH mmmmmm© S 1 2 3 mmm M mmM 1 2 mom®m®m 4 5 6 7 mmM M ®®® 11 12 mmm®Mmm 14 15 161 17 mmmmmmm 19 20 21 22 11/06/19 CC AGENDA PACKET PG 360 AUGUST S M T W TH F S 1 2 3 4 5 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 161 17 18 19 20 21 22 23 24 25 26 27 28 29 301 31 i 11/06/19 CC AGENDA PACKET PG 360 NOVEMBER S M T W TH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 221 231 24 25 26 27 28 291 30 29 30 311 1 i 11/06/19 CC AGENDA PACKET PG 360 SEPTEMBER S M T W TH F S m®mmm�m 1 2 3 4 �mmmmmm 6 7 mmmmmmm 9 10 11/06/19 CC AGENDA PACKET PG 360 SEPTEMBER S M T W TH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 1415 15 16 17 18 19 20 21 22 231 24 25 26 27 28 29 30 311 1 i 11/06/19 CC AGENDA PACKET PG 360 DECEMBER S M T W TH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 311 1 11/06/19 CC AGENDA PACKET PG 360