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HomeMy WebLinkAbout2021 POLICIES AND PROCEDURESCHAPTER ONE (Personnel e inis r°a i r 1.1 Reserved 1.2 Reserved CHAPTER1' (Council r° cee d , 2.1 Mayor Nor® Tern 2.2 Seconds to Motion 2.3 Abstentions from Voting Reserved 2.5 Requests2.4 for Transcripts 2.6 Reserved 2.7 Conducting i cil Meetings 2.8 Reserved 2.9 Reserved 2.10 Closed Session Action Votes .1 Cable Broadcasts 2.12 Reserved 2.13 ® Campaign ContributionLimit 2.14 Reimbursement of Certain x it 2.15 Electronic Communications 2.16 Reserved 2.17 Reserved CHAPTER THREE Cer°enio a Affairs) 3.1 City Flag,Flower, Bird & Colors 3.2 Sister City Program . 3 Reserved 3.4 Reserved Ism ,., lsc 4.1 Reserved 4.2 Bidding a it a r Contracts 4.3 Bid Preference 4.4 Investment Polic 4.6 Industrial Development Bonds 4.6 Dee and Easements .7 Reserved 4.8 Reserved 4.9 Reserved 4.10 Park Maintenance and Streetan sca fnAssessments 4.11 Reserved .2 State Transportation Improvement Progra (TI 4.13 Reserved 4.14 EnvironmentallyPreferable Purchasing (E ) 4.15 CashReserve and Facility a lace e t Reserve Fund 4.16 Pension Stabilization Fund 4.17 Reserved 4.18 Fund I nce Policy 4.19 Debt a e en lic Financial Assistance from Non -Profit r s CHAPTER 6.1 Issuance of Alcoholic•' Licenses 5.2 Asbestos Test• & Mitigation (UrbanCHAPTER SIX Development) 6.1 Right -of -Way i ecai s (Res(Reso. No. 1 -7 . -05) 6.2 Street Name Change Policy Speed6.3 r I on Public Streets 6.4 Reserved 6.5 Seventh rd Road Development Standards r 6.6 Reserved 6.7 Electronic Zone Map 6.8 Taft i a( ) Development 6.9 Complete Streets CHAPTER 7.1 Standards for Appraisers & Appraisal Reportinj 7.2 Water Efficient Landscaping 7.3 Landscaping Standards CHAPTER EIGHT o . s, Coinmissions & Coi?imittees) 8.1 City Council Vacancy Appointment Process 8.2 Reserved 8.3 Reserved 8.4 Change the name oft e "Urban Development Committee" to the "Planning and Development Committee" 8.5 Reserved 8.6 Reserved 8.7 Vacancies on All Ward and Non -Ward Appointees Boards and Commissions CHAPTER NINE isceffaneous .1 City Joinder of AmicusBriefs 9.2 Reserved 9.3 Wireless Facilities S:\COUNCIL\Policies\CauncilPOlicy&PracedureManual - Master Table of Contents.decx CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT SUBJECT: POLICY & PROCEDURE MANUAL SECTION: PROLOGUE POLICY: ADOPTION OF POLICY & PROCEDURE MANUAL STATEMENT: Amendment No. 1 to Resolution No. 058-96 establishing a Policy and Procedure Manual to aid the City Council in adopting, recording and referencing policies and procedures which it has enacted. ADOPTION: Agenda Item No./Date 12.a.; November 18, 2020 Approved by City Council Res. No. 058-960) Amended by City Council November 18. 2020 Prior Resolutions Res No. 58-96 SACOUNCILTolicies\Policy StatementsTrologue.doc RESOLUTION NO. +058-960) AMENDMENT NO. 1 TO RESOLUTION NO.58-96 ADOPTING A CITY COUNCIL POLICY AND PROCEDURE MANUAL (PROLOGUE). WHEREAS, the Council of the City of Bakersfield adopted Resolution No. 58- 96 thereby adopting a City Council Policy and Procedural Manual ("Manual" herein); and WHEREAS, Manual serves as a guideline to govern the actions, conduct and business of the City of Bakersfield and its City Council; and WHEREAS, certain policies and procedures of Manual have become antiquated and require either clarification, updating, or repeal; and WHEREAS, on October 21, 2020, City Council directed City Attorney to update Chapter Two of Manual. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. Resolution No. 58-96 re: ADOPTION OF MANUAL is hereby amended to denote its new location in Manual to Prologue, before Chapter One. 3. Chapter 2.4 is now reserved. 4. This resolution shall become effective and in full force upon final passage. ---- ----0 00000 0------- Page l of 2 Pages Resolution Repealing Section 2.4 Resolution No. 58-96 ®��AKFgcf' m v o ORIGINAL 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 NOV 10 2020 , by the following vote: NOES: ABSTAIN: ✓ \/ ✓ ✓ ✓ ✓ COUNCILMEMBER, RIAVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER JU IE DRIMAKIS, CMC CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield APPROVED NOV 10 2020 By KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA�NARO City Attor VIRGINIA`GENNARO City Attorney VG:vlg 5:\C0UNCIL\Resos\20-21\2.4AmendReso58-96CouncllPolicles.Reso.docx Page 2 of 2 Pages Resolution Repealing Section 2.4 Resolution No. 58-96 CITY COUNCIL POLICY AND PROCEDURE MANUAL TABLE OF CONTENTS (Chapter •- • SACOUNCILTolicies\Table Of Contents - 2021-Final.Ch. 1.Docx CITY COUNCIL POLICY AND PROCEDURE MANUAL CONTENTSTABLE OF o • • Prologue: (At beginning of Manual, before Chapter One) 2.1 Mayor Pro Tern 2.2 Seconds to Motions 2.3 Abstentions from Voting 2.4 Reserved 2.5 Requests for Transcripts 2.6 Reserved 2.7 Conducting City Council Meetings 2.8 Reserved 2.9 Reserved 2.10 Closed Session Action Votes 2.11 Cable Broadcasts 2.12 Reserved 2.13 No Campaign Contribution Limit 2.14 Reimbursement of Certain Expenditures 2.15 Electronic Communications 2.16 Reserved 2.17 Reserved &\COUNCILTolicies\Table Of Contents - 2021 -Final-Updated.Ch.2.Docx SUBJECT: SECTION: POLICY: STATEMENT: :�e" CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 2.1 MAYOR PRO TEM CHAPTER TWO PROCEDURE FOR SELECTING A MAYOR PRO TEM Establishes the person responsible for Mayoral duties in the absence of the Mayor and Vice Mayor. Agenda Item No./Date 8.d.; May 3, 1995 Approved by City Council Res. No. 71-95 Amended by City Council SACOUNCIL\Policies\Policy Statements\8.1.doc POLICY RESOLUTION NO. 7 1 • 9 5 A RESOLUTION ADOPTING COUNCIL POLICY REGARDING A MAYOR PRO TEM. M ERM, past practice of the City Council has been to appoint the past Vice -Mayor to act in place of the Mayor and Vice - Mayor when both are absent; and MMSRISAS, the Council now desires to adopt this practice as an official Council policy; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: in the absence of both the Mayor and the Vice - Mayor, the councilmember who most recently served as Vice -Mayor shall be the Mayor Pro Tem, and shall .serve in the place of the Mayor and Vice -Mayor. ---------- 000-------- - ORIGINAL I HEUSY CERTIFY that the foregoing Resolution was passed and adopted by the Council o11AY 0 3C19� of Bakersfield at a regular meeting thereof held on 19� , by the following vote: AYES; COUNCIiEMEER DeA0M, CARBON, SIATH, #ie8 M;FT, ROWLES, CHOW, SALVAGGIO -T5: COUNCILMEMBER ABSENT: COMILMEMSER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED wQ$95 KEVIN MCDEBMOTT Mayor Pro Ten APPROVED as to form: JUDY R . SX0USZU CITY ATTORNEY Y: "[C.! Assistant City Attorney LCM►mes s-: a gec-2aMOTHMAES April 21, 1995 2 - c5� �Egc?S 1` OFUGI dAL CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT SUBJECT: SECONDS TO MOTION SECTION: CHAPTER TWO POLICY: NO MOTION NEEDS A SECOND STATEMENT: Sets forth a policy that no motion needs a second. ADOPTION: CP No. 2.2 Agenda Item No./Date 10.c.1.; June 15, 1994 Approved by City Council Res. No. 88-94 Amended by City Council S:\COUNCIL\Policies\Policy Statements\2.2.doc RESOLUTION NO. 8 8 ' 9 4 A RESOLUTION SETTING FORTH A POLICY THAT NO MOTION NEEDS A SECOND. WHEREAS, it has been the practice of the City Council over the years to discuss and vote on motions without the necessity of a second to the motion being made; and WHEREAS, this Council has passed, concurrently with this Resolution, an Ordinance that adopts Robert's Rules of Order; and WHEREAS, Robert's Rules of Order require that, in most situations, a second is necessazy before a motion can be discussed or a vote taken; and WHEREAS, the City Council desires to continue its procedure of not requiring seconds to motions in order to expedite the order of business in public meetings; NOW, THEREFORE, BE IT RESOLVED as follows: 1. It is the policy of the City Council to not require seconds to motions prior to allowing debating of or voting on the topic under consideration. -------000---------- I HEREBY CERTIFY that the foregoing passed and adopted by the Council of the City regular meeting thereof held on JUN 15 } following vote: AYES. COUNCN MEN+SEAS , NOES: COUNCILWMBERS ABSTAIN: COUNCILMEMSERS ABSENT: COUNCILMEMSERS -(1 s APPROVED UN 15 W Resolution was of Bakersfield at a , by the DS, NA,"WD. SMITH, SRUNNI, AdWLES, SALVAGM CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield BOB PRIC MAYOR of the City of Bakersfield APPROVED AS TO FORM; JUDY R. SKOUSEN Acting City Attorney ILMS:rb tb•rc3e(utjtlO \juc(-wC.3i4 5111M SUBJECT: SECTION: POLICY: STATEMENT: ADOPTION: CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 2.3 ABSTENTIONS FROM VOTING CHAPTER TWO CLARIFIES POLICY FOR ABSTAINING FROM VOTING Authorize member(s) of the City Council to abstain from voting on matter(s) pending before the City Council. Agenda Item No./Date 10.c.2.; June 15, 1994 Approved by City Council Res. No. 89-94 Amended by City Council SACOUNCIUPolicieslPolicy Statements12.3.doc RESOLUTION NO. S 9 4 A RESOLUTION ESTABLISHING COUNCIL POLICY TO AUTHORIZE MEMBER(S) OF THE CITY COUNCIL TO ABSTAIN FROM VOTING ON MATTER(S) PENDING BEFORE THE CITY COUNCIL. WHEREAS, this Council has passed, concurrently with this Resolution, an Ordinance that adopts Robert's Rules of Order for all proceedings; and WHEREAS, a resolution of the City Council is necessary to adopt Council policy concerning abstentions; NOW, THEREFORE, BE IT RESOLVED as follows: 1. It is declared to be Council policy that it is appropriate for Councilmembers to abstain from voting on any matter before them under the following circumstances: A. Conflict of interest pursuant to the Fair Political Practices Act; B. The Councilmember was absent during the public hearing or previous Council discussion on the matter to be decided; and C. In the absence of a financial conflict of interest, a Councilmember determines that circumstances exist which prevent a fair and unbiased decision by the Councilmember or may lead to the appearance of impropriety. ---------- 000---------- I HEREBY CERTIFY that the foregoing passed and adopted by the Council of �llNleo it regular meeting thereof held on 199 following vote: Resolution was of Bakersfield at a by the A`!,1 COUNCULMEMBERS M EDWARDS, QOMCNO. SMITH. BRUNNI. ROWLES. SALYAo= NOES: COUNCILMEMSERS f), v , A9STAIN; COUNCILMEMBERS !2cY E ASMT: COUNCILMEMGM;S v, C 1 e- ^,%. APPROVED JUN 15 ok CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield fi3m--,- BOB PRIG MAYOR of the City of Bakersfield APPROVED AS TO FORM: JUDY K. SKOUSEA Acting City Attorney By: MGAA &fe9oiu6ow\absUin.594 $111194 —a— SUBJECT: SECTION: POLICY: STATEMENT: ADOPTION: CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT REQUESTS FOR TRANSCRIPTS CHAPTER TWO ADOPTION OF PROCEDURE TRANSCRIPTS CP No. 2.5 FOR REQUESTS FOR Establishes a policy for requesting transcripts. Agenda Item No./Date 8.e.; May 21, 1997 Approved by City Council Res. No. 82-97 Amended by City Council SACOUNCILPoliciesTolicy Statements\2.5.doc RESOLUTION NO. 8 2 ® 9 7 A POLICY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD ADOPTING A PROCEDURE FOR REQUESTS FOR TRANSCRIPTS WHEREAS, at the meeting of August 12, 1987, City Councilmembers approved a Budget and Finance Committee Report No. 28-87 regarding minutes and transcript of Council Meetings. NOW, THEREFORE, BE IT RESOLVED as follows: 1. All requests for transcripts or verbatim comments in the minutes be made to the City Manager.; and 2. City Manager advise the Councilmember of who will prepare the information and when it can be available. 000 l t- a 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 MAY 2 1 'ffi7 , by the following vote: Ayes: Councilmembers Robles, Carson, DeMond, SmM, McDermott, Sullivan, e Nos: CounciimemberS�1�x, Abstain: Counciimember Absent: Counaimember APPROVED MAY 21 1997 A-�� BC4f P C Mayor of the City of Bakersfield APPROVED as to form JUDY K. SKOUSEN City Attorney By ,VnXj IESMS0LUTMTRANSCR1 A{ri19,1997 �� a-l' CITY CLERK and Ex Officio Jerk of the Council of the City of Bakersfield 2 SUBJECT: SECTION: POLICY: STATEMENT: CONDUCTING CITY COUNCIL MEETINGS CHAPTER TWO ADOPTION OF POLICY FOR CONDUCTING CITY COUNCIL MEETINGS Establishes a policy regarding the conduct of City Council meetings. Agenda Item NO./Date 8.c.; November 17, 2021 Approved by City Council Res. No. 206-2021 Amended by City Council SACOUNCILTolicies\Policy Statements\2.7.doc 206-2021 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF BAKERSFIELD ESTABLISHING A COUNCIL POLICY FOR CONDUCTING CITY COUNCIL MEETINGS. WHEREAS, rules and regulations governing the conduct of City Council meetings were previously set forth in Chapter 2.04 of the Bakersfield Municipal Code; and WHEREAS, the Council finds that establishing a Council policy regarding the conduct of City Council meetings provides greater flexibility to ensure meetings are efficient and in compliance with the law. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1) The above recitals are true and correct and incorporated herein by reference. 2) The City Council hereby adopts the Policy for Conducting City Council Meetings as set forth in Exhibit A, attached hereto and incorporated herein. 3) This Resolution shall become effective December 31, 2021. -------- 0000000-------- SIM4 affam e City of Bakersfield A COUNCILMEMBER, A2��NZALES, YMM, SMITH, Fftftft, GRAY, PAeLIER COUNCILMEMBER *AI N: COUNCILMEMBER ABSENT: COUNCILMEMBER 44 JJLlE RI I® MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NOV 17 2021 /1 '0 By KAREN GOH Mayor ASHLEY-P*WRAN0 Deputy . y Attorney AEZ/vIg Attachment: Exhibit A SAC0UNC1L\Resos\21-22\counc11 Policy. -council Procedures.docx K 10 211 1If_1 POLICY FOR CONDUCTING CITY COUNCIL MEETINGS SECTION 1. RULES OF ORDER Except as otherwise provided in this policy, the city charter, or other Council policy, the City Council shall generally follow Robert's Rules of Order, current edition. SECTION 2. DUTIES OF PRESIDING OFFICER. The duties of the presiding officer shall be: A. To call the meeting to order; B. To recognize the members entitled to the floor; C. To preserve and enforce order and decorum; D. To consider and decide, in the presiding officer's sole discretion, requests for extensions of time during public statements and public hearings; E. To reorder items of business on the agenda to promote meeting efficiency, if determined appropriate in the presiding officer's sole discretion; F. To decide all points of order, unless when in doubt the presiding officer prefers to submit the question to the decision of the body; G. Generally to guide and direct the proceedings of the body, subject to the control and will of the body; H. To carry out any other duties as specified in the city charter. SECTION 3. SERGEANT AT ARMS. A. There shall be a sergeant at arms, who shall be the Chief of Police or designee. B. The sergeant at arms shall attend all regular sessions, and shall, under the direction of the presiding officer, maintain order on the floor of the Council chambers. W. t: r� `'{aRIGINA 441400121 M'4111#1; A. Except as may otherwise be set by resolution of the City Council, regu�ar meetings of the Council shall generally be noticed for 3:30 p.m. and 5:15 p.m. on the first and third Wednesdays of each month. The primary reason for the 3:30 p.m. meetings is to handle closed session matters, but the city manager has discretion to place other matters on said agenda. B. At the time set for regular meetings of the City Council, the business of the Council shall be taken up for consideration and generally discussed in the following order: 1. Roll Call; 2. invocation; 3. Pledge of Allegiance; 4. Presentations; 5. Public Statements: /'­ a. Agenda Item Public Statements; b. Non -Agenda Item Public Statements; 6. Appointments; 7. Consent Calendar; 8. Consent Calendar Public Hearings; 9. Public Hearings, 10. Reports; 11. Deferred Business; 12. New Business; 13. Council and Mayor Statements; 14. Closed Session (if continued from 3.30 p.m.),- 15, Adjournment. C. The order of business set forth above may be changed by the city manager prior to the posting of the agenda to allow for a smooth and orderly flow of business during the meeting. SECTION 5. CONSENT CALENDAR. A. The consent calendar is comprised of one or more items of routine nature which may be approved at one time by affirmative roll call vote. B. Only a Councilmember may remove an item(s) from the consent calendar which shall be voted upon separately from all other items on said consent calendar. C. Any Councilmember may declare a conflict of interest, indicate the cause of the conflict and request the city clerk to record their abstention from the vote on any item or items on the consent calendar. That Councilmember's vote on the consent calendar shall be recorded only for those items for which that Councilmember did not declare a conflict and the city clerk shall record the abstention of the remaining issues. D. The minutes of the previous Council meeting, which shall be action -style t minutes, may be approved as part of the consent calendar. SECTION b. CONSENT CALENDAR PUBLIC HEARINGS. A. Consent calendar public hearings are those matters which shall be set for public hearing but are considered routine and non -controversial. Consent calendar public hearings may be simultaneously opened and closed by the presiding officer and approved at one time by affirmative roll call vote. B. Prior to opening the hearing, the presiding officer shall inquire as to whether any member of the public or Council wishes to remove a matter from the consent calendar public hearings. Any such item so removed shall be placed at the end of the Public Hearings portion of the meeting. SECTION 7. PUBLIC STATEMENTS. A. Any person may address the Council on any item of interest to the public that is within the subject matter jurisdiction of the City Council as follows: 1. Agenda Items. All persons desiring to address the Council on an item listed on the agenda shall speak during the Agenda Item Public Statements portion of the meeting. Speakers shall be limited to two ,?,AX6 minutes per person, twenty minutes per agenda item. Note: The Consent Calendar as a whole constitutes one agenda item. 2. Non -Agenda Items. All persons desiring to address the Council on a general item of interest within the subject matter jurisdiction of the Council that is not listed on the agenda shall speak during the Non Agenda Item Public Statements portion of the meeting. Speakers shall be limited to two minutes per person, twenty minutes total. Speakers who do not identify the topic on which they wish to speak will be presumed speakers for Non -Agenda Item Public Statements and called during that portion of the meeting. 3. Public Hearings. All persons wishing to address the Council regarding a matter set for public hearing at that meeting shall make their comments during the open public hearing on that matter, pursuant to the public hearing procedures set forth in Section 8. B. All persons wishing to address the Council during a meeting will be asked to fill out and return to the city clerk a speaker's card provided by the city clerk. The purpose of the speaker's cards is to facilitate orderly and relevant public statements during the appropriate portions of the meeting; however, filling out a speaker's card is voluntary and shall not be a prerequisite to providing a public statement. The speaker's cards shall provide a place for speakers to identify which item on the agenda they wish to speak, or alternatively, whether they wish to provide a Non -Agenda Item Public Statement. C. No person shall address the Council until recognized by the mayor or presiding officer. Councilmembers who wish to allow a member of the audience to speak at times other than the time designated for the public statement, or after a public hearing has been closed, may do so only with the permission of the presiding officer. D. Unless otherwise determined by the Council, the presiding officer shall determine whether a speaker's statement is a matter within the subject matter jurisdiction of the City Council. SECTION 8. HEARINGS. A. Hearings. Scheduled public hearings are to be conducted in the following order: 1. Presentation by staff and recommendation; 2. Public hearing is opened by the presiding officer; 3. Presentation by opponents, limited to fifteen minutes total for all speakers; provided, however, additional time may be granted by the presiding officer; 4. Presentation by proponents, with the time limits specified in subsection (A) (3), and such equivalent additional time as may have been granted to opponents; 5. Where a hearing is the result of an appeal, the order of presentation shall be reversed and the appellant shall proceed first; the time limits provisions of subsection (A) (3) shall apply; 6. Summation by both sides limited to five minutes each; provided, however, both sides may be granted additional time by the presiding officer; 7. Public hearing is closed by the presiding officer; 8. Council discussion and Council decision. B. Spokesperson for Group of Persons. In order to expedite matters and avoid repetitious presentations, whether any group of persons wishes to address the Council on the some subject matter, it shall be proper for the presiding officer to request that a spokesperson be chosen by the group to address the Council, and in the event additional matters are to be presented at the time by any other member having like views as the group, to limit the number of such persons addressing the Council and limit the time for each person. SECTION 9. RULES OF DEBATE. A. Presiding Officer May Debate and Vote. In the absence of the mayor, the vice -mayor or such other member of the Council as may be presiding may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges as a Councilmember by reason of their acting as the presiding officer. B. Getting the Floor —improper References to be Avoided. Every member desiring to speak shall address the chair, and upon recognition by the presiding officer, shall discuss only the question under debate, avoiding all personalities and indecorous language. C. Interruptions. A member, once recognized, shall not be interrupted when speaking unless called to order, or as otherwise provided in this section. If a $P'Kt ; c `pp" OORlGNAL member, while speaking, is called to order, said member shall cease speaking until the question of order is determined, and, if in order, shall be permitted to proceed. D. Remarks of Mayor. The mayor may express views on any subject for consideration by the Council and may file any written recommendations with the clerk. Any Councilmember may state the reason for dissent from or protest against any action of the Council. A. Preparation of Ordinances. All ordinances shall be reviewed by the city attorney. No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council, or referred by a Council committee, or prepared or recommended by the city attorney on her or his own initiative (e.g., "ordinance clean-ups" to reflect current practice or correct typographical and grammatical errors, or to comply with new rules and regulations). I' Prior Approval by Administrative Staff. All ordinances, resolutions and contract documents shall, before presentation to the Council, have been approved as to form and legality by the city attorney or authorized representative, and shall have been examined and approved for the administration by the city manager or authorized representative, where there are substantive matters of administration involved. rM rol "Isk, Wl� 11!11111� III Failure to strictly adhere to this policy shall not be grounds for setting aside any action or vote of the City Council. `� ORGINAL CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 2.10 SUBJECT: CLOSED SESSION ACTION VOTES SECTION: CHAPTER TWO POLICY: COUNCIL POLICY REGARDING CLOSED SESSION ACTION AND COUNCIL MEMBER VOTES STATEMENT: Establishes Council policy to report out of closed session the names of Council members who voted against the reportable action taken by the Council during closed session. ADOPTION: Agenda Item No./Date 11.a.; May 30, 2001 Approved by City Council Res. No. 073-01 Amended by City Council SACOUNCILTolicies\Policy Statements\2.10.doc 01 RESOLUTION NO. O 7 3 - A RESOLUTION ESTABLISHING COUNCIL POLICY TO REPORT OUT OF CLOSED SESSION THE NAMES OF COUNCIL MEMBERS WHO VOTED AGAINST THE REPORTABLE ACTION TAKEN BY THE COUNCIL DURING CLOSED SESSION. WHEREAS, a majority report issued by the Council's Legislative and Litigation Committee urged adoption of a Council policy to report out of closed session the names of Council Members who voted against a reportable action taken by the Council during a closed session; and WHEREAS, such a policy applies only to those actions taken which are required by the Brown Act to be immediately reported in the public meeting after returning from closed session and for which there is a Brown Act requirement of reporting the vote tally; and WHEREAS, the City Attorney was directed to conduct a survey of selected cities in the state to determine their practice regarding the proposed Council policy; and WHEREAS, of 16 cities surveyed, 8 cities report out of closed session only the vote tally, and 8 cities report the names of the Council Members and how they voted; and WHEREAS, the Council believes that adoption of this policy will further the goal of open and public discourse of matters before the Council, to the extent authorized by law. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above Recitals are true and correct and incorporated herein. 2. The Council hereby adopts a policyto report out of closed session the names of Council Members who voted against any reportable action taken by the Council during a closed session. 3. "Reportable actions" are those votes taken in closed session; the results of which are required to be disclosed in open session as set forth in the Ralph M. Brown Act. Page 1 of 2 ';7 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 MAY 3 0 2001,, by the following vote: AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER /haU 9 ABSTAIN: COUNCILMEMBER_M6*-- _ ABSENT: COUNCILMEMBER_ 21.0 i= J, ff94AZ CITY CLERK and Ex Officio C14 of the Council of the City of Bakersfield APPROVED MAY 3 0 2001 HARVEY L. HALL Mayor APPROVED as to form: BART J. THILTGEN, City Attorney By: , ROBERT M. SHERFY Assistant City Attorney RMS:dir S:ICOUNCILIResos%VoteReso.wpd Page 2 of 2 r CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 2.11 SUBJECT: CABLE BROADCAST OF PUBLIC MEETINGS SECTION: CHAPTER TWO POLICY: ADOPTION OF POLICY REGARDING CABLE BROADCASTS STATEMENT: Establishes the policy for cable broadcast of public meetings. ADOPTION: Agenda Item No./Date 12.a.; November 18, 2020 Approved by City Council Res. No. 184-2020 Repealed Resolution Res. No. 121-01 S \COUNCILTolicies\Policy Statements\2.11.doc RESOLUTION NO. 184 2 02 Q RESOLUTION REPEALING AND REPLACING RESOLUTION NO. 121-01 (COUNCIL PROCEDURE 2.11). WHEREAS, the Council of the City of Bakersfield adopted Resolution No. 58- 96 thereby adopting a City Council Policy and Procedural Manual ("Manual" herein); and WHEREAS, Manual serves as a guideline to govern the actions, conduct and business of the City of Bakersfield and its City Council; and WHEREAS, certain policies and procedures of Manual have become antiquated and require either clarification, updating, or repeal; and WHEREAS, on October 21, 2020, City Council directed City Attorney to update Chapter Two of Manual. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. Resolution No. 121-01 re: POLICY FOR CABLE BROADCAST OF PUBLIC MEETINGS is hereby repealed and replaced to read as follows: 1. All the foregoing recitals are true and correct. 2. Requests . to schedule a meeting for broadcast should be submitted at least 5 working days prior to the broadcast date. 3. A party requesting use of audio/video, computer equipment, or network or internet access, must provide presentation/video files and/or network, equipment, internet access requirements/requests to the City at least 3 working days prior to the meeting. 4. Regular and special meetings of the City Council, Planning Commission, and other City -sponsored meetings take priority over other those requested by other governmental agencies or other organizations. Page 1 of 2 Pages Resolution Repealing Section 2.11 Resolution No. 121-01 i7t�h=ihidl� 5. There is no guarantee of live broadcasts. Re -broadcast of "special" meetings will be scheduled in order of the request. 6. There is a costs recovery charge associated with televised meetings that will be assessed to agencies or groups other than the City of Bakersfield. Costs include staff time for Clerk, Technology Services, and Police Department, including overtime. 3. This resolution shall become effective and in full force upon final passage. --------0000000------ -- 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 NOV 18 2029 , by the following vote: AYES; ABSTAIN: ✓ ✓ l/ �./ V 1 t 1 A 11.E DRIMAKIS, CMC CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield APPROVED NOV 18 2020 By - * � I./ KAREN GOH Mayor APPROVE S TO FORM: VIRGINI�TENNARO City AtIorney VIAGINIA GENNARO City Attorney VG:vlg S.\C0UNCIL\Resos\20-21\2.11 poLccyy.AmendReso121-01.docx Page 2 of 2 Pages Resolution Repealing Section 2.11 Resolution No. 121-01 ORIGINAL CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 2.13 SUBJECT: NO CAMPAIGN CONTRIBUTION LIMIT SECTION: CHAPTER TWO POLICY: ADOPTION OF POLICY REGARDING CAMPAIGN CONTRIBUTION LIMIT STATEMENT: Establishes the policy for a "no campaign contribution limit" as the local limit on campaign contributions to elections for City office. -$TiThyt rol` A Agenda Item No./Date 8.f.; March 17, 2021 Approved by City Council Res. No. 044-2021 Amended by City Council SACOUNCILTolicies\Policy Statements\2.13.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD, CALIFORNIA, ADOPTING A "NO CAMPAIGN CONTRIBUTION LIMIT" FOR CANDIDATES FOR ELECTION TO CITY OFFICES. WHEREAS, the City of Bakersfield ("City") currently does not have established local limits for campaign contributions to candidates for elective City offices; and WHEREAS, beginning January 1, 2021, Government Code §85301, et. seq. imposes a default campaign contribution limit (currently $4,700 per election) upon cities and counties without campaign contribution limits; and WHEREAS, the State contribution limit amount is adjusted in January of every odd -numbered year to reflect any increase or decrease in the Consumer Price Index by the Fair Political Practices Commission ("FPPC") pursuant to Government Code §§ 85301 and 83124; and WHEREAS, Government Code §85702.5 further permits a city (by resolution or ordinance), to establish its own campaign contribution limits that are different from what is established by state law, whether higher or lower; and WHEREAS, the FPPC has opined that a city can establish a "no campaign contribution limit" and that the same would be recognized by the FPPC as a local limit distinct from and not subject to the state default limits; and WHEREAS, the limits imposed by the State do not adequately consider local factors and unique circumstances found within the City, and could have the potential to unnecessarily limit healthy political discourse and discussion within the City; and WHEREAS, it is the purpose and intent of the City Council in enacting this Resolution to preserve an orderly political forum in which individuals and groups may express themselves effectively; and WHEREAS, the City Council now desires and intends to establish a "no campaign contribution limit" as the local limit on campaign contributions to elections for City office. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield as follows: The above recitals are true and correct and are incorporated herein by reference. - Page 1 of 2 Pages - 2. The City Council hereby adopts a "no campaign contribution limit" as the local limit on contributions a person may make to a candidate for elective city office, and on the amount of campaign contributions a candidate for elective City office may accept from a person. 3. The campaign contribution limit established in Section 2 is intended to constitute the City's campaign contribution limit for the purposes of State law, such that the limit set in Government Code § 85301(d) does not apply to the City. 4. The Council desires that this Resolution be maintained in its Council Policy and Procedure Manual, Chapter 2 (Section 2.13) and be effective immediately upon its adoption. ------oOo------ 1 HEREBY CERTIFY that the foregoing Resolution was passed and by the Council of the City of Bakersfield at a regular meeting thereo APPROVED MAR 17 2021 By KAREN GOH Mayor APPR ED AS TO F B ' a RGINI GENNARO City Attorney VG:vlg/mb/ag SACOUNCI L\Resos\20-21 \CampaignConhibuNonRes0.d0cx f JOLIE DRIMAKIS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield - Page 2 of 2 Pages - CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 2.14 SUBJECT: REIMBURSEMENT OF CERTAIN EXPENDITURES AND THE REQUIREMENT FOR ETHICS TRAINING SECTION: CHAPTER TWO POLICY: REIMBURSEMENT OF CERTAIN EXPENDITURES FOR CITY LEGISLATIVE MEMBERS STATEMENT: Amendment No. 1 to Resolution No. 173-06 which established a written policy for reimbursement of certain expenditures for City legislative members. ADOPTION: Agenda Item No./Date 12.a.; June 29, 2016 Approved by City Council Res. No. 173-06(1) Amended by City Council June 29, 2016 Prios Resolutions Res. No. 173-06 S:\COUNCIL\Policies\Policy Statements\2.14.doc RESOLUTION NO. 1 Z3-06[3l AMENDMENT NO. 1 TO RESOLUTION NO. 173-06 WHICH ESTABLISHED A WRITTEN POLICY FOR REIMBURSEMENT OF CERTAIN EXPENDITURES FOR CITY LEGISLATIVE MEMBERS WHEREAS, on June 21, 2006, the City Council adopted Resolution No. 173- 06 which established a written policy for reimbursement of certain expenditures for City Legislative Members and created a new ethics training requirement for local public officials; and WHEREAS, on .tune 29, 2016, the City Council amended Exhibit "A" to Resolution No. 173-06 to add Kern Economic Development Corporation Kern County Economic Summit as reimbursable. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. Resolution No. 173-06 is hereby amended to substitute the attached Exhibit "A" as a comprehensive list of events for which the Mayor and Councilmembers may receive advance reimbursement. 3. Except as amended herein, all other provisions of Resolution No. 173-06 shall remain in full force and effect. 4. This Resolution shall take effect immediately upon its passage. -- Page t of 3 Pages — 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 JUH 2 9 2016 , by the following voter ✓ we, ✓ ✓ ✓ We 6igCOUNCIL MEMBER RIVERA, MAXWELL. ` SMITH, HANSON, SULLIVAN, PARLIER COUNCIL MEMBER ILIr ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBER MQnI. 41 ROBERTA GAFFORD, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUN 2 9 2016 By HARVEY L. ALL APPROVED AS TO FORM: VIRGINIA GENNARO City Attorne By ' VIRMNIA G NNARO City Attorney VGJsC S:\COUNCIL\Rsaos\15-16\Resoi 73-MAmendl.ReimblegisMemberm.docx -- Page 2 of 3 Pages - DRINN.AL EXHIBIT "Am Central Valley Mayor's Conference Chamber of Commerce Kern Council of Governments (KemCOG) Kern County Association of Cities Kern Economic Development Corporation Kern Transportation Foundation League of California Cities (Annual Conf. & Exec. Forum) League of California Cities, South San Joaquin Valley Division Son Joaquin Valley Rail Committee Sister City So Cal Water Association Vision 2020 Water Association of Kem County Miscellaneous Event (Mayor only) State of the City Award Reception (if City of Bakersfield is a recipient) Meetings Kern County Economic Summit Forum Event Meetings Meetings (Mayor only) Receptions and Trip (Mayor and Vice - Mayor or designee(s) only) Meetings State of the Vision Annual Meeting Basic Cell Phone Charges Computer Supplies Internet Access R 90 A — Page 3 of 3 Pages — 9MOINA!v SUBJECT: SECTION: POLICY: STATEMENT: CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 2.15 ELECTRONIC COMMUNICATIONS CHAPTER TWO ADOPTION OF POLICY REGARDING USE OF ELECTRONIC COMMUNICATIONS Council Policy regarding use of electronic communications during public meetings. Agenda Item NO./Date 9.f.; December 14, 2011 Approved by City Council Res. No. 121-11 Amended by City Council S`\COUNCIL\Policies\Policy Statements12.15.doc RESOLUTION NO. 12 .tt t A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD ESTABLISHING COUNCIL POLICY REGARDING USE OF ELECTRONIC COMMUNICATIONS DURING PUBLIC MEETINGS. WHEREAS, the City Council inquired as to the legality and practicality of Councilmembers using electronic communications during public meetings; and WHEREAS, after extensive research by the City Attorney's office, it was found that the use of electronic communications during public meetings may violate the Brown Act, the California Public Records Act and the due process rights of citizens; and WHEREAS, as a result of such finding, the City Attorney's office proposed adoption of a policy regarding the use of electronic communications during public meetings; and WHEREAS, the Legislative and Litigation Committee has reviewed the proposed policy and is recommending its adoption; and WHEREAS, a resolution of the City Council is necessary to adopt Council policy regarding the use of electronic communications during public meetings. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows: 1. The Council finds and determines that the foregoing recitals are true and correct. 2. The attached Council Policy shall be adopted by the Bakersfield City Council as Policy Number—. gAKF S:\COUNCIL\Resos\11-12\8ecCommPo1cy.docx =� - Page 1 of 2 Pages - o 0 ORIGINAL w 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 DEC 14 2m i by the following vote: COUNCILMEMBER SALAS, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, JOHNSON NOES: COUNCILMEMBERju ABSTAIN: COUNCILMEMBER ©!1 ABSENT: COUNCILMEMBER �� Z& 'P11' ROBERTA GAFFORD, CANU CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPQnvl=n nor .. ---- By APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ByC�2�k�UA JES EE TALLEY Ass late City AftWey JT:isc S,\COUNCIL\Resos\1 I-12\EecCoMMP0IICy.d0cx m — Page 2 of 2 Pages " a ORIGINAL COUNCIL POLICY POLICY NUMBER: SUBJECT: Use of Electronic Communications During Public Meetings EFFECTIVE DATE: The purpose of this policy is to increase awareness of the legal risks and decorum associated with the use of electronic communications during public meetings by public officials, and to set forth appropriate restrictions on the use of electronic communication devices during public meetings. This policy applies to every member of the City Council and those present during public meetings. "Electronic communications' and "electronic means" Includes, but Is not limited to, Information received or sent by emalls, texts, instant messages, chatrooms and telephone calls, "Official City business" means information regarding an Issue that is relevant to a matter within the purview of the City Council. PARI 1; It is the policy of the City Council to prohibit the use of electronic communications during public meetings. This Includes, but Is not limited to, the following: A. Communications between Councilmembers via electronic means. B. Communications between Councilmembers and members of City staff via electronic means. o4�AK� , v c ORIGINAL C. Communications between Counclimembers and the public via electronic means. It Is the policy of the City Council to strongly discourage members of the public from communicating via electronic means during public meetings in order to elimlhate distractions, Interference with broadcasting and exposure to legal challenges, If a Counciimember receives an electronic communication related to Official City business during a public meeting, that Counciimember must provide the City Clerk with a copy of the electronic communication not already maintained by the City as soon as reasonably practicable. M 1COL NCIL%PolldmkEWdroNcCorrxn.docx 11 p4 �AKF9 A ORIGINAL POLICYCITY COUNCIL PROCEDURE MANUAL TABLE OF CONTENTS• sTHREE) SACOUNCIL-ToliciesUable Of Contents - 2021-Final.Ch.3.Docx CITY OF BAKERSFIELD COUNCIL POLICY SECTION: CHAPTER THREE POLICY: ADOPTION OF OFFICIAL CITY FLAG, FLOWER, BIRD AND COLORS TO BE USED BY THE CITY STATEMENT: Amendment No. 1 to Resolution No. 42-83 declaring City flag, flower, bird and colors. Agenda Item No./Date 8.f.; March 17, 2021 Approved by City Council Res. No. 042-83(1) Amended by City Council March 17, 2021 Prior Resolutions Res. No. 42-83 SACOUNCILPolicies\Policy Statementsl3,1.doc RESOLUTION NO. 0 4 2 8 3 0) AMENDMENT NO. I TO RESOLUTION NO. 42-83 DECLARING CITY FLAG, FLOWER, BIRD AND COLORS (COUNCIL POLICY o® WHEREAS, the Council of the City of Bakersfield adopted Resolution No. 58- 96 thereby adopting a City Council Policy and Procedural Manual ("Manual" herein), and WHEREAS, Manual serves as a guideline to govern the actions, conduct aniff business of the City of Bakersfield and its City Council; and I WHEREAS, certain policies and procedures of Manual have become antiquated and require either clarification, updating, or repeal; and WHEREAS, City Council directed City Attorney to update Chapter Three of Manual. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: I . The above recitals are true and correct and incorporated herein by reference. 1 Resolution No. 42-83 re: CITY FLAG, FLOWER, BIRD AND COLORS is hereby amended to read as follows: (1) The City flog shall consist of the City Seal in the center of a white background, the Seal being edged in gold with a blue center and the white background being trimmed with gold along all four sides. (2) The City flower shall be the Miss Bakersfield Camellia. Page I of 2 Pages Resolution Amending Section 3.1 Resolution No. 42-83 rD /1—"' 3. This Resolution shall become effective and in full force upon final passage. -------- 0000000 ---- — -- 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 MAR 17 2021 -, by the following vote: NWYES COUNCILMEMBER ARIAS, WEIR, SMITH, FREEMAN, GRAY, PARLIER S C0UNCQMFMBFR ABSTAIN- COUNCILMEMBER 04V^Q� ABSENT: COUNCILMEMBER JI�IEIIMAKIS, CMC CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield APPROVED MAR 17 2021 a, iA-- 4 City Attorney VG:ag S:\COUNC1L\Rcsos\20-2I \COUNCIL POLICY & PROCEDURE MAN UAL\3. I AmendRes042 83C0jndJPoltdcs.Rcso.cocx Page 2 of 2 Pages Resolution Amending Section 3.1 Resolution No. 42-83 SUBJECT: SECTION: POLICY: STATEMENT: CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 3.2 SISTER CITY PROGRAM CHAPTER THREE SUPPORTS AND CLARIFIES THE MAYOR'S AND CITY COUNCIL'S ROLE IN THE SISTER CITY PROGRAM Resolution of support for the Sister City Program. Agenda Item No./Date 8.k.; January 12, 1994 Approved by City Council Res. No. 5-94 Amended by City Council SACOUNCILToliciesTolicy Statementsl3.2.doc RESOLUTION NO. 5 - 9 4 A RESOLUTION OF SUPPORT FOR, AND. DESCRIBING MM MAYOR'S AND CITY COUNCIL'S ROLE IN, THE SISTER CITY PROGRAM. WHEREAS, the City of Bakersfield has enjoyed a successful relationship with the Bakersfield sister City Project for more than thirty years; and WHEREAS, the City has had a successful Sister City Program with Wakayama, Japan, for that same thirty years; and WHEREAS, the City believes that the Sister City Program is valuable for cultural, educational, and commercial exchanges between sister cities; and WHEREAS, many persons have expressed desire for a reasonable expansion of the Sister City Program; NOW THgRBFORS the Bakersfield City Council resolves 1. The City will continue its support for, and successful relationship with, the Bakersfield Sister City Project Corporation; 2. The Bakersfield Sister City Project Corporation should continue in its role as lead agency in developing and maintaining a relationship with the sister cities; 3. The City Council will consider, and act upon, all proposed changes and additions to the Sister City Program; 4. The City Council will continue to participate in Sister City activities; 5. The Mayor, through the Mayor's office, will continue to be the City's official representative in Sister City activities; 6. And the City Council encourages all interested persons to continue their efforts to maintain an effective, vibrant Sister City Program in the City of Bakersfield. ---------- 000-_-------- 3 ORIWK I FEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council �of__tP,2 e City of Bakersfield at a +�M( regular meeting thereof held on 194 by the following vote: AYES: COUNCLMEWERS WDEAWTT. EDWARDS, DeMONO, SMITH, BRUNNI, ROWLES, SALYAC40 NOES: C"CILMEMCEPS JI 4 ABSTAIN: COUNCIVAE MaEPS ilrinr.. ABSENT: COUNCILMEMZERS _ ►1 t t _ CITY L RK and Ex Offic o C erk o the Council of the City of Bakersfield APPROVED JAN* 12 M4 of the City of Bakersfield APPROVED as to form: JUDY K. SKOUSEN Acting City Attorney By JOM D. CLOSS Assistant City Attorney JDC/meg SI STRCTY . R-1 12/27 93 rs► s ORIGINX 4.1 Reserved 4.2 Bidding Requirements for Contracts 4.3 Bid Preference 4.4 Investment Policy 4.5 Industrial Development Bonds 4.6 Deed and Easements 4.7 Reserved 4.8 Reserved 4.9 Reserved 4.10 Park Maintenance and Street Landscaping Assessments 4.11 Reserved 4.12 State Transportation Improvement Program 4.13 Reserved 4.14 Environmentally Preferable Purchasing 4.15 Cash Reserve and Facility Replacement Reserve Fund 4.16 Pension Stabilization Fund 4.17 Reserved 4.18 Fund Balance Policy 4.19 Debt Management Policy 4.20 Financial Assistance from Non -Profit Groups SACOUNCIUPoliciesUable Of Contents- 2021-Final.Ch.4.Docx CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 4.2 SUBJECT: BIDDING REQUIREMENT FOR CONTRACTS SECTION: CHAPTER FOUR POLICY: AUTHORIZING & AFFIRMING THE CITY COUNCIL'S AUTHORITY TO COMPETITIVELY BID CITY SERVICES STATEMENT: Authorizes the City Council to enter into private contracts for the construction of public improvements, including landscape and park maintenance services. ADOPTION: Agenda Item No./Date 10.b.; November 8, 1996 Approved by City Council Res. No. 179-96 Amended by City Council SACOUNCIUPoliciesTolicy Statements\4.2.doc RESOLUTION MO. 1 8 • 5 A RESOLUTION AUTHORIZING AND AFFIRMING THE BAKERSFIELD CITY COUNCIL'S AUTHORITY TO COMPETITIVELY BID CITY SERVICES WHEREAS, the City of Bakersfield is governed by a charter pursuant to Article III, section 12; and WHEREAS, chartered cities enjoy freedom from state laws which are purely municipal in nature; and WHEREAS, Article X of the Bakersfield City Charter authorizes the City Council to contract for the construction of public improvements; and WHEREAS, Section 3.20.060 of the Bakersfield Municipal Code sets forth the bidding requirements for contracts involving the erection, improvement, or repair of any public buildings or works, or furnishing of supplies, equipment and materials for the same, or for any use by the City; and WHEREAS, the City has contracted with private entities for many City services throughout the years, including, but not limited -s to, landscape and park maintenance services; and WHEREAS, an amendment to the Charter to require privatization of City services will severely restrict the Council's flexibility and its prudent discretion to act on behalf of the community. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: The Council hereby affirms its inherent authority to enter into private contracts for the construction of public improvements, including landscape and park maintenance services. ---------- 000----------- 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 NOY 0 8 10 , by the following vote: -Y=_S. WVw6+nGw HOLM. CNISOK "i � i&VA * w w n }•GCS: �! :l ABSENT: CMWCLMEMM APPROVED N014 0 6 S% 'CI—T-TTLERK and EX FFICIO of the Council of the City of Bakersfield I MW . BOB MUM MAYOR Of the City of Bakersfield APPROVED AS TO FORM: JVDT X. SKOUSE2 City Attorney,,, By:� IA O r Deputy City Attorney City of Bakersfield JKS/meg MMORM.Rfs- _?40"abu 14. IM w e ...� �.AA •'i'.� V r•- t• SUBJECT: SECTION: POLICY: STATEMENT: ADOPTION: CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 4.3 BID PREFERENCE CHAPTER FOUR GRANTS A THREE PERCENT BID PREFERENCE TO LOCAL VENDORS WITHIN CITY LIMITS A Resolution granting a three percent bid preference to local vendors within the City limits. Agenda Item No./Date 16.a.; March 7, 2012 Approved by City Council Res. No. 026-12 Repealed Resolution Res. No. 167-94 SACOUNCIL\Policies\Policy StatementsWldoc RESOLUTIONr A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD GRANTING A THREE PERCENT BID PREFERENCE TO LOCAL VENDORS WITHIN THE CITY LIMITS. WHEREAS, the State of California remits to City one percent of taxable sales paid on City purchases within the City; and, WHEREAS, on October 12, 1994, City Resolution No. 1 b7-94, granted a one percent bid preference to vendors within City limits; and. WHEREAS, the City Council believes that it is in the best interest of the City to increase the local vendor preference from one percent to three percent to account for the economic benefit the City will receive from the purchase of the proposed items which includes the following: The City Council annually spends significant amounts on purchasing supplies, materials, and equipment; and Is The dollars used in making these purchases are derived in large measure from taxes and fees derived from Local Businesses: and The City Council has determined that funds generated in the community should, to the extent possible, be placed back in the local economy; and • Local businesses not only provide economic and social vitality to our City, they also help the City accomplish its purchasing objectives; and • The local vendor bid preference policy is intended to provide new and expanded opportunities for qualified local businesses to sell their goods to the City; and • It is the City's objective to identify and include qualified Bakersfield - based businesses in the purchases of products required by the City and its staff; and ® Strategies that encourage people to buy locally are an important component of economic sustainability; and Retaining local dollars within a community reduces economic f t d Ilars and increases export and increases the financial productivity o axpayer %1 . the consumption of local goods while fostering a sustainable community; and r -- Page 1 of 3 Pages -- Lr?R,t _,fil*_' in working towards a sustainable economy, the City Council recognizes that sustainable procurement policies are an important early step in promoting the local economy; and ® Leveraging the purchasing power of the City in buying local products instead of products from outside the City strengthens local economic activity and employment as well as sets an example that helps foster and maintain a vital economic community for future generations. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows: 1. The Council finds and determines that the foregoing recitals are true and correct. 2. City shall, whenever appropriate, grant a three percent bid preference in an amount not to exceed $9,000 to vendors located within the City limits submitting bids for proposed City purchases of supplies, material, and equipment in accordance with the City's formal bidding procedures as set forth in the Bakersfield Municipal Code, and currently applies to bids over $40,000; and, 3. The term "vendors located within City limits" means any person (including sole proprietorships, corporations, and partnerships) possessing a City of Bakersfield business license and a California State Board of Equalization sales tax permit number area coded so as to remit sale tax revenue to the City of Bakersfield, with a physical store front or business office located within the City limits of Bakersfield and, 4. This preference will only apply to local vendors who are the second lowest bidder. 5. This policy will not be applied if it conflicts with Federal or State funding guidelines; and, 6. Any and all resolutions in conflict with this Resolution, including Resolution No. 167-94, are hereby repealed; and 7. The three percent bid, preference to vendors located within City limits does not violate the City Charter; and S. The City Manager is directed to implement procedures that fairly execute this policy. -- Page 2 of 3 Pages -- 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 MAR A 7 2012 , by the following vote: (.i P'p COUNC(LMEMBER SALAS. NOES: COUNCILMEMBER L ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER APPROVED MAR 0 7 2 By M I 1JE4 HARVEY . HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney +SIHU4UAiH. RUDNICK eputy ity Attorney JHR:vl ✓ ✓ we V ✓ v HAM, WEIR, COUCH, HANSON, SULLIVAN, JOHNSON ROBERTA GAFFORD, VIAC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield S:\COUNCIL\Resos\ t 1-) 2\LocalvendcxThreePerceMBidPref.Reso.doc c6'kKF m Page 3 of 3 Pages -- t,il(MAL CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 4.4 SUBJECT: INVESTMENT POLICY SECTION: CHAPTER FOUR POLICY: ADOPTION OF INVESTMENT POLICY STATEMENT: Amendment No. 1 to Agreement No. 100-19 adopting an investment policy as required by Section 63646 of the California Government Code. Agenda Item No./Date 8.c.: October 20, 2021 Approved by City Council Res. No. 100-190) Amended by City Council October 20, 2021 Prior Resolutions Res. No. 100-19 SACOUNCIL\Policies\Policy Statements\4.4.doc RESOLUTION NO. AMENDMENT NO. 1 TO RESOLUTION NO. 100-19 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADOPTING THE INVESTMENT POLICY (COUNCIL POLICY 4.4). WHEREAS, the Council of the City of Bakersfield adopted Resolution No. 58- 96 thereby adopting a City Council Policy and Procedural Manual ("Manual" herein); and WHEREAS, Manual serves as a guideline to govern the actions, conduct and business of the City of Bakersfield and its City Council; and WHEREAS, certain policies and procedures of Manual have become antiquated and require either clarification, updating, or repeal; and WHEREAS, City Council directed City Attorney to update Chapter Four of Manual. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. Resolution No. 100-19 re: INVESTMENT POLICY is hereby updated and amended to read as follows: The Council of the City of Bakersfield hereby commits to adopting an annual investment Policy. 3. This Resolution shall become effective and in full force upon final passage. --- ----- 0000000-------- Page 1 of 2 Pages > Resolution Amending Section 4.4 Resolution No. 100-19 'ORIGINAL' 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 OCT 2 0 1 , by the following vote: AYES: NOES: ABSTAIN: ✓ " v, we, ✓ ✓ COLINCILMEMBER, ARIAS, GONZALES, WEIR, SMITH, FREEMAN, 81R YY, PARLIER COLINCILMEMBER J IE DRIMAKIS, MMC CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield APPROVED OCT 2 6 2021 B KAR G H Mayor APPROVED AS TO FORM: VIRGINIA 9ENNARO City Attofpey VOtGINIA'GENNARO City Attorney VG:ag S:\COUNCIL\Resos\21-22\COUNCIL POLICY B PROCEDURE MANUAL - PARTII\Final4.4AmendReso100-19CouncilPolicies.Reso.docz gPKF9 o si r Page 2 of 2 Pages r Resolution Amending Section 4.4 Resolution No. 100-19 v0>��GtNA� CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 4.5 SUBJECT: INDUSTRIAL DEVELOPMENT BONDS SECTION: CHAPTER FOUR POLICY: SETS FORTH THE CITY'S POLICY ON SPONSORSHIP OF INDUSTRIAL DEVELOPMENT BONDS STATEMENT: Sets forth the terms and conditions under which the City will sponsor Industrial Development Bonds at the request of developers and non-profit organizations. ADOPTION: Agenda Item NO./Date 12.c.; March 20. 1996 Approved by City Council Res. No. 42-96 Amended by City Council SACOUNCIUPolicies\Policy Statements14.5.doc ,) 6' A POLICY RESOLUTION SETTING FORTH THE CITY'S POLICY ON SPONSORSHIP OF INDUSTRIAL DEVELOPMENT BONDS (IDBs) WHEREAS, from time to time the City of Bakersfield is approached by developers or non-profit organizations and is asked to sponsor IDBs; and WHEREAS, the City Council wishes to establish a policy that sets forth the terms and conditions under which the City will sponsor IDBs; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: Subject to the review and approval of each IDB proposal, it is the policy of the City of Bakersfield to sponsor IDBs for those projects and in those financing situations that meet the following terms and conditions: 1. IDBs shall not be secured by the general taxing power of the City of Bakersfield, the County of Kern, the State of California or any political subdivision of the State; and neither the City, the County, the State, or any political subdivision of the State shall pledge its full faith and credit for the payment of the IDBs. 2. All projects funded by IDBs shall be self-supporting and must cover the debt service on the bonds or similar securities and be rated at least BBB or equivalent by a national rating agency. 3. IDBs will be issued to construct facilities which serve a legitimate public purpose (e.g., health care facilities, sports/recreation facilities, and related facilities, all of which are open to use by or benefit the general public). 4. IDBs may also be issued to construct facilities which benefit the general public and create jobs or for pollution control where the proposed enterprise or service to be provided is inadequate or non-existent in the community. S. IDBs will be available to all like projects meeting the goals, terms and conditions of this policy. 6. IDBs will only be issued where the project under consideration and participants in that project comply with all applicable laws and regulations adopted in and pursuant to the Internal Revenue Code. oti SAK4 m M_ 7. For each project, the City will impose a fee of Ten Thousand Dollars ($10,000.00) plus 2/10 of 18 of the principal amount of the bonds issued, but not greater than the maximum amount permitted under applicable federal tax law. 8. The $10,000 portion of the fee shall be paid in advance upon application by the Proponent for the project. Said portion of the fee shall cover City administrative costs prior to bond issuance and is non-refundable. 9. The fee described in paragraph 7 herein shall be added to the City's cost recovery ordinance (Bakersfield Municipal Code Chapter 3.70) and may be adjusted annually by resolution to reflect City cost recovery of 100%. ---------- 000---------- I HE MY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the Cityy_�of Bakersfield at a regular meeting thereof held on a 2010 , by the following vote: Acting CITY CLERK and EX OFFAMO of the Council of the City ;V Bakersfield APPROVED MAR 8 $ '10 d�6^(y BOB PRICE MAYOR APPROVED AS TO FORM: JUDY K. SKOUSEN City Attorney By: 4?)I- A?Ak ROBERT M. SHERFY Chief Assistant City rtorney RMS:rb S:\RMS\R£S0\1DB5.346 3 C� BAKF,Qs � o ORIGINAL CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 4.6 SUBJECT: DEED AND EASEMENTS SECTION: CHAPTER FOUR POLICY: ACCEPTANCE OF CERTAIN DEEDS OR GRANTS STATEMENT: Authorizes the Public Works Director or his designee to accept for recordation, deeds or grants conveying any interest in or easement upon real estate to the City of Bakersfield for public purposes. ADOPTION: Agenda Item No./Date 8.h.: May 8, 1996 Approved by City Council Res. No. 52-96 Amended by City Council SACOUNCILToliciesTolicy Statements\4.6.doc RESOLUTION NO, 5 2 96 A RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR OR HIS DESIGNEE TO ACCEPT CERTAIN DEEDS OR GRANTS CONVEYING AN INTEREST IN OR EASEMENT UPON REAL PROPERTY FOR PUBLIC PURPOSES. WHEREAS, California Government Code Section 27281 provides that deeds or grants conveying any interest in or easement upon real property to a governmental agency for public purposes shall not be accepted for recordation without the consent of the governmental agency; and WHEREAS, California Government Code Section 27281 further provides a governmental agency may, by general resolution, authorize one or more officers or agents to accept and consent to such deeds or grants; and WHEREAS, Section 12 of the Charter of the City of Bakersfield provides that the City may exercise any rights, powers, and privileges granted by the general laws of the State; and WHEREAS, the administrative efficiency of City government will be enhanced by allowing the Public Works Director or his designee to accept certain grants or deeds without requiring action by the City Council. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: All the foregoing recitals are found to be true and correct. ` j 2. The Public Works Director of the City of Bakersfield, or his designee, is `hereby authorized to accept for recordation, in accordance with the requirements of California Government Code Section 27281, deeds or grants conveying any interest in or easement upon real estate to the City of Bakersfield for public purposes. 3. The City Clerk shall certify to the passage of this Resolution and shalt cause a certified copy hereof, attested by the Clerk under the seal of the City, to be recorded in the Office of the County Recorder of the County of Kern, California. s. cs't v OR1GtNAL� 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 UAY Q 8 in , 1996, by the following vote: :+ .+� + + yU.,crF r+ •' ►N BOB -PECE, i CITY OF — APPROVED AS TO FORM: JUDY K. SKOUSEN CITY ATTORNEY By: rR- ALAN4X ANIEL Assistant City A y ADDimeg a.iresWesds.res—Apra 29,1996 Acting CITY CLERK and EX OFFICI of the Council of the City of Bakersfield -2- I "^ T Z5 _ QRiGINA' CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 4.10 SUBJECT: PARK MAINTENANCE AND STREET LANDSCAPING ASSESSMENTS SECTION: CHAPTER FOUR POLICY: ESTABLISHES GUIDELINES FOR INCREASE OF PARK MAINTENANCE AND STREET LANSCAPING ASSESSMENTS STATEMENT: Amendment No. 1 to Resolution No. 019-05 adopting Council Policy on park maintenance and street landscaping assessments. ADOPTION: Agenda Item No./Date 8.f.; March 17, 2021 Approved by City Council Res. No. 019-05(1) Amended by City Council March 17 2021 Prior Resolutions Res. No. 019-05 SACOUNCIL\Policies\Policy Statements\4.10.doc RESOLUTION NO. Q 19 0 AMENDMENT NO. 1 TO RESOLUTION NO. 019-05 ADOPTING COUNCIL POLICY ON PARK MAINTENANCE AND STREET LANDSCAPING ASSESSMENTS (COUNCIL POLICY 4.10). WHEREAS, the Council of the City of Bakersfield adopted Resolution No. 58- 96 thereby adopting a City Council Policy and Procedural Manual ("Manual" herein); and WHEREAS, Manual serves as a guideline to govern the actions, conduct and business of the City of Bakersfield and its City Council; and WHEREAS, certain policies and procedures of Manual have become antiquated and require either clarification, updating, or repeal; and WHEREAS, City Council directed City Attorney to update Chapter Four of Manual. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. Resolution No. 019-05 re: PARK MAINTENANCE AND STREET LANDSCAPING ASSESSMENTS is hereby amended to remove Exhibit A. The Maintenance District report, along with an updated Cost Per Tier sheet is brought before City Council every year. 3. Resolution 019-05, Section 2 is hereby amended to read as follows: (2) All new developments that benefit from public parks and/or street landscaping shall be added to the CMD and shall be assessed, consistent with the requirements of Proposition 218. 4. This Resolution shall become effective and in full force upon final passage. -------- 0000000-------- Page 1 of 2 Pages 2 m Resolution Amending Section 4.10 Resolution No. 019-05 o ORIGINAL 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 .MAR 17 2021 , by the following vote: YE > COUNCILMEM NOES: COUNCILMEM ABSTAIN: COUNCILMEM ABSENT: COUNCILMEM APPROVED MAR 17 2021 BY KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA /gENNARO City Atto/rey 0 VIRGINIA GEI City Attorney I/ ✓ ✓ ✓ ✓ ✓ ✓ IAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER Ll J LIE DRIMAKIS, CMC CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield VG:ag SACOUNCIL\Resos\20.21\COUNCIL POLICY & PROCEDURE MANUAL\4.lOAmendReso019-05CouncilPolicies.Reso.docx Page 2 of 2 Pages S��K<•��t Resolution Amending Section 4.10 Resolution No. 019-05 t r- CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 4.12 SUBJECT: STATETRANSPORTATION IMPROVEMENT PROGRAM SECTION: CHAPTER FOUR POLICY: SUPPORT OF THE KERN COUNCIL OF GOVERNMENTS PROGRAM OF PROJECTS FOR STATE TRANSPORTATION IMPROVEMENT PROGRAM FUNDS STATEMENT: A Resolution supporting the Kern Council of Governments program of projects recommended for the STIP augmentation program. rA 90-12 t elJ, Agenda Item No./Date 12.ee.; April 11, 2007 Approved by City Council Res. No. 072-07(letter to Kern Council of Governments included) Amended by City Council SACOUNCILToliciesTolicy Statements\4.12.doc RESOLUTION 01 RECITALS WHEREAS, the voters of the State of California, including the voters in the County of Kern, approved Proposition 1 b on November 7, 2006 which designated $2 billion in bond proceeds to be available to augment funding for projects in the State Transportation Improvement Program (STIP); and WHEREAS, the California Transportation Commission (CTC) adopted the guidelines for the STIP Augmentation Program at their meeting on December 13 2006; and WHEREAS, on March 15, 2007, the Executive Board of the Kern Council of Governments (COG) unanimously approved their staffs recommendation for a program of projects to submit to the CTC for the STIP Augmentation Program; and WHEREAS, the KemCOG STIP Augmentation program of projects includes $170.4 million In funding for the Westside Parkway; and WHEREAS, this $170.4 million will provide for the complete full funding for the construction of the Westside Parkway; and WHEREAS, this STIP Augmentation funding will allow the Westside Parkway to be constructed quicker and with fewer phases then what the current funding will allow. 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. The City Council strongly supports the program of. projects that was unanimously approved by the Executive Board of Kem COG for submission to the CTC for the STIP Augmentation Program, and recommends that the CTC approve this program of projects as submitted. 3. The City Council directs that a copy of this resolution shall be forwarded to the California Department of Transportation, California Transportation Commission, appropriate members of the Legislature, and the Governor. - Page 1 of 2 Pages - I HEREBY CERTIFY that the foregoing Resolution was passed anathe Council of the City of Bakersfield at a regular meeting thereof held on AP j 7 by the following vote: ' COUNCIL MEMBER CARSON, BENHAM. WEIR, COUCH, HANSON, SULLIVAN, SCRINMR NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBER ,406- CITY CLERK and Ex Off4o Clerk of the Council of the City of Bakersfield APPROVED APR 11 2W By Ali APPROVED AS TO FORM: VIRGINIAGENNAR0 City Attomey By .1A.1. LvAk�-11 ssistant City Attorney f G'GW POW 0- -NFMX07W?WAWCPF06§1GU801NH= Page 2 of 2 Pages - 0 ORN31NAL v BAKER/0 �� SFIE L D Alan Tandy • City Manager March 15, 2007 Board of Directors Kem Council of Governments 1401 1911 Street Suite 300 Bakersfield, California 93301 Dear Board members: Kem COG has the very rare opportunity under the 2007 STIP Augmentation program to bring $213 million in badly needed funds to Kern County. The City of Bakersfield strongly supports that goal, and we support the Kem COG staff recommendation. The Westside Parkway is the only project that has the size and "readiness" position to bring a windfall of extra money to our area under this year's special set of circumstances. Only one project can be submitted which exceeds the formula allocations for the area. The Westside Parkway is the only large dollar project that is ready, and which can bring a substantial amount of funds. With the increases in construction that have occurred over the last few years, we need to do everything possible to get the dollars turned Into asphalt and concrete as soon as possible! It is also the intention of the 'City of Bakersfield to be fair with the other Kem COG members. While the Westside Parkway has been Kem COG's number one priority for many years, we support the staff recommendation which funds State Route 46, West Ridgecrest Boulevard and Laval Road, in addition to the Westside Parkway. It also happens that 7t' Standard Road is eligible for TRIP funding, as well as STIP Augmentation. As a further gesture of good faith, the City of Bakersfield is willing to commit to the following: If the "windfall" of $114.75 million is received for the Westside Parkway, $22.5 million in TRiP funds, inclusive of the local match, will be reallocated to 7"' Standard Road. Should Bakersfield receive only a portion of the windfall, for example 50%, that same proportion of 74' Standard Road will be funded. For clarity, as an example, if %a of the $114.75 million is received, the 7t' Standard Road project would be funded at $11.25 million. City of Bakersfield • City Manager's Office • 1501 Truxtun Avenue Bakersfield, California • 93301 (661) 326-3751 9 Fax (661 } 324-1850 Kern Council of Governments March 15, 2007 Page 2 Additionally, we understand that, should the full windfall be received, it might tie up resources for future years. The City of Bakersfield is, and will be, agreeable to discussion of phasing portions of the Westside Parkway to accelerate funding in non - metro payments In future STIP cycles. In order to assure all parties that this commitment will be honored, this letter is scheduled to be validated by the Bakersfield City Council at the regular meeting of March 28, 2007. All parties will then have the formal promise from our elected officials which will commit the City to follow through. In short, while we have no guarantee of anything over the normal STIP allocation, we have some opportunity to gain an additional $114 million for our area. We believe that the Kern COG staff recommendation, coupled with our offer for lei Standard Road, makes this a win -win situation for the entire County, and we ask for your support! SI , rely, F Alan Tand City Manager CC., Honorable Mayor and Cky Council Raul Rojas, Public Wcw*s DirwW CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 4.14 SUBJECT: ENVIRONMENTALLY PREFERABLE PURCHASING SECTION: CHAPTER FOUR POLICY: ADOPTION OF A CITY COUNCIL POLICY FOR ENVIRONMENTALLY PREFERABLE PURCHASING (EPP) STATEMENT: Establishes the policy for Environmentally Preferable Purchasing to qualify for State/Federal Grant opportunities. Agenda Item No./Date 8.g.; September 23, 2009 Approved by City Council Res. No. 106-09 Amended by City Council SACOUNCIL\Policies\Policy Statements\4.14.doc RESOLUTION NO. 1 Q 6 - O 9 A RESOLUTION ADOPTING A CITY COUNCIL POLICY FOR ENVIRONMENTALLY PREFERABLE PURCHASING (EPP) RECITALS WHEREAS, City desires to establish an EPP to qualify for State/Federal Grant opportunities; and WHEREAS, Budget and Finance Committee reviewed the policy at their August 31, 2009 meeting. WHEREAS, Budget and Finance Committee is recommending adoption of the policy. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct. 2. The policy set forth In Exhibit "A" is hereby adopted and shall become effective on September 23, 2009. LaAKE9 n� s� y. M r. r - Page 1 of 2 Pages - 0 ORIGINAL 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 SEP 2 3 M , by the following vote: � ✓ ✓ QN' COUNCILMEMBER CA SON, BENHAM, WEIR, HANSON, SULLIVAN. SCRIVNER COUNCILMEMBER COUNCILMEMBER ABSEN COUNCILMEMBER.�` u+ A� 'Odo" CITY CLERK and Ex offici4 derk of the Council of the City of Bakersfield ~''2328f19 APPROVED I APPROVED AS TO FORM: VIRWNIA GENNARO City Attorney By OSHUA H RUDNICK Deputy City Attorney 4 Page 2 of 2 Pages - ORIGINAL EXHIBIT NO. _}8_ ENVIRONMENTALLY PREFERABLE PURCHASING (EPP) POLICY CITY OF BAKERSFIELD, CA 1. STATEMENT OF POLICY It Is the policy of the City of Bakersfield (CITY) to encourage the purchase of products and services that minimize environmental and health impacts, toxics, pollution, and hazards to worker and community safety and to the larger global community to the greatest extent practicable. By incorporating environmental considerations in public purchasing, the CiTY can serve this commitment by reducing its burden on the local and global environment, removing unnecessary hazards from its operations, protecting public health, reducing costs and liabilities, and potentially improving the environmental quality of the region. This policy is an effective way to direct the CiTY's effort in procuring environmentally preferable products and services. 2. PURPOSE This policy is adopted in order to meet the goal for an environmentally preferable purchasing policy. This policy is intended to provide for compliance of certain Federal or State grant applications that require adoption of an EPP policy as a qualifying element of the application and to make the CITY's operations and services a model of sustainable practices. Further, this policy is adopted in order to: Protect the health and safety of workers and citizens, • Conserve natural resources, • Minimize environmental impacts such as pollution, • Eliminate or reduce toxics that create hazards to workers and our community, ® Support recycling markets, Reduce the amount of materials that are being sent to landfills, • Reduce greenhouse gas emissions, • Increase the use and availability of environmentally preferable products that protect the environment, • Identify environmentally preferable products and distribution systems, * Create a model for successfully purchasing environmentally preferable products that encourages other purchasers in our community to adopt similar goals. The purchase of environmentally preferable products is preferred whenever such products perform satisfactorily and are available at the lowest bid. A collateral purpose of this policy is to support markets for recycled goods and other environmentally preferable products and services. AKc s r r '3 C `IRIGiNA! 3.0 DEFINMONS 3.1 "Buyer" means personnel authorized to purchase or contract for purchases on behalf of the CITY or its subdivisions. 3.2 "The Carpet and Rug Institute" (CRI) is the national trade association representing the carpet and rug industry. CRI has developed and administered the "Green Label" indoor air quality testing and laboring program for carpet, adhesives, cushion materials and vacuum cleaners. The "Green Label Plus" testing program incorporates additional requirements to meet California's Collaborative for High Performance Schools low -emitting materials criteria. 3.3 "Contractor" means any person, group of persons, business, consultant, designing architect, association, partnership, corporation, supplier, vendor or other entity that has a contract with the CITY or serves in a subcontracting capacity with an entity having a contract with the CITY for the provision of goods or services. 3.4 "Energy Star" means the U.S. EPA's energy efficiency product labeling program. 3.5 The "Forest Stewardship Council" is a global organization that certifies responsible, on -the -ground forest management according to rigorous standards developed by a broad variety of stakeholder groups. 3.6 "Green Building Practices" means a whole -systems approach to the design, construction, and operation of buildings and structures that help mitigate the environmental, economic, and social impacts of construction, demolition, and renovation. Green Building Practices such as those described in the LEEDS Rating System, recognize the relationship between natural and built environments and seeks to minimize the use of energy, water, and other natural resources and provide a healthy productive environment. 3.7 "Green Seal" is an independent, non-profit environmental labeling organization. Green Seal standards for products and services meet the U.S. EPA's criteria for third -party certifiers. The Green Seal is a registered certification mark that may appear only on certified products. 3.8 "Integrated Pest Management (IPM)" is an ecosystem -based strategy that focuses on long-term prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use of resistant varieties. Pesticides are used only after monitoring indicates they are needed according to established guidelines, and treatments are made with the goal of removing only the target organism. Pest control materials 2 ;AK�c RGINA are selected and applied in a manner that minimizes risks to human health, beneficial and nontarget organisms, and the environment. 3.9 "LEEDS Rating System" means the most recent version of the Leadership in Energy and Environmental Design (LEEDS) Commercial Green Building Rating System, or other related LEEDS Rating System, approved by the U.S. Green Building Council and designed for rating new and existing commercial, institutional, and high-rise residential buildings. 3.10 Producer Responsibility means an environmental strategy in which producers assume financial and/or physical responsibility for the management of post -consumer products so that those who produce and use those products bear the costs of recycling and proper disposal. 3.11 "Recovered Material" means fragments of products or finished products of a manufacturing process, which has converted a resource into a commodity of real economic value, and includes pre -consumer and post - consumer material but does not include excess resources of the manufacturing process. 3.12 "Recycled Content" means the percentage of recovered material, including pre -consumer and post -consumer materials, in a product. 3.13 "Remanufactured Product" means any product diverted from the supply of discarded materials by refurbishing and marketing said product without substantial change to Its original form. 3.14 "Source Reduction" refers to products that result in a net reduction in the generation of waste compared to their previous or alternate version and includes durable, reusable and remanufactured products; products with no, or reduced, toxic constituents; and products marketed with no, or reduced, packaging. 3.15 "Water -Saving Products" are those that are in the upper 25% of water conservation for ail similar products, or at least 10% more water -conserving than the minimum level that meets the Federal standards. 4. SPECIFICAVONS 4.1 Source Reduction 4.1.1 The CiTY may institute practices that reduce waste and result in the purchase of fewer products whenever practicable and cost-effective, but without reducing safety or workplace quality. 4.1.2 The CITY purchase remanufactured products (i.e. for equipment and vehicles) whenever practicable, but without reducing safety, quality or effectiveness. �_ rt 3 c 6RIGINAiL m 4.1.3 The CITY may require all equipment bought after the adoption of this policy to be specified and delivered so it is compatible with source reduction goals as referred to in this section (3.1 ), whenever practicable. CIA All buyers may consider short-term and long-term costs in comparing product alternatives, when feasible. This includes evaluation of total costs expected during the time a product is owned, including, but not limited to, acquisition, extended warranties, operation, supplies, maintenance, disposal costs and expected lifetime compared to other alternatives. 4.1.5 Products that are durable, Song lasting, reusable, refillable, recyclable, or otherwise create less waste may be selected whenever possible. 4.1.6 The CITY encourages vendors to minimize packaging to the greatest extent practicable and cost-effective. 4.1.7 Packaging that is reusable, recyclable or compostable may be selected when suitable uses and programs exist. 4.1.8 Suppliers of electronic equipment may be required to take back equipment for reuse or environmentally safe recycling when the CITY discards or replaces such equipment, whenever possible. 4.1.9 Rechargeable and recyclable batteries may be purchased and used whenever possible. 4.1.10 All documents may be printed and copied on both sides to reduce the use and purchase of paper, whenever possible. Recycled Content Products 4.2.1 The CITY may specify and purchase wherever and whenever practicable products which contain: • the highest percentage of post -consumer recovered material consistent with standards established by the U.S. Environmental Protection Agency and the State of California, whichever is greater; and • the highest percentage of pre -consumer recovered material consistent with standards established by the U.S. Environmental Protection Agency and the State of California, whichever is greater. In oddit€on, the purchase of paper products may meet the recycled paper products definition of the U.S. Environmental Protection Agency of the State of Califomia whichever contains the higher recycled content. baxFy 4 nRIGINF 4.2.2 Copiers and printers purchased or leased may be compatible with the use of recycled content paper where practicable. 4.2.3 The CITY may purchase re -refined lubricating and industrial oil for use in its vehicles and other equipment, as long as it is consistent with the engine manufacturer's warranty and maintenance requirements. 4.2.4 When specifying asphalt concrete, aggregate base or portland cement concrete for road construction projects, the CITY may use recycled, reusable or reground materials when practicable. 4.2.5 The CITY may purchase paint meeting Green Seal or other equivalent environmental standard for recycled content latex point whenever practicable. 4.2.6 All pre-printed recycled content papers intended for distribution that are purchased or produced may contain a statement that the paper contains recycled content. The statement should indicate the percentage of post -consumer recycled content it contains. 4.3 Energy and Water Savings 4.3.1 Energy -efficient equipment may be purchased with the most up-to-date energy efficiency functions, This includes, but is not limited to, high efficiency space heating systems and high efficiency space cooling equipment. 4.3.2 The CITY may purchase and replace inefficient interior lighting with energy -efficient equipment. 4.3.3 The CITY may purchase and replace Inefficient exterior lighting, street lighting and traffic signal fights with energy -efficient equipment. Exterior lighting: may be minimized where possible to avoid unnecessary lighting of architectural and landscape features while providing adequate illumination for safety and accessibility. 4.3.4 All products purchased by the CITY and for which the U. S. EPA Energy Star certification is available shall meet Energy Star certification. When Energy Star labels are not available, the CITY may choose energy -efficient products that are designated by federal data bases, unless the product has a third party certification subject to review by the CITY's designated representative, 4.3.5 The CITY may purchase water -saving products whenever practicable. This includes, but is not limited to, high-performance fixtures like toilets, waterless urinals, low -flow faucets and aerators, and upgraded irrigation systems. J 3'Kr� :� ar ORIGINAL 4.4 Green Building 4.4.1 All building and renovations undertaken by the CITY may follow Green Building Practices for design, construction, and operation, where appropriate, as described in the LEEDS Rating System. 4.4.2 To the greatest extent practicable, the CITY may procure wood products such as lumber that originates from forests harvested in an environmentally sustainable manner. When possible, the CITY may give preference to wood products that are certified to be sustainabiy harvested by a comprehensive, performance -based certification system. The certification system may include independent third -party audits, with standards equivalent to, or stricter than, those of the Forest Stewardship Council certifcatfon. 4.4.3 The CITY encourages the purchase or use of previously used or salvaged wood and wood products whenever practicable. 4.5 Landscaping 4.5.1 Products and services purchased by the CITY shall be suitable for project application and consistent with CITY landscaping guidelines. Landscape renovations, construction and maintenance performed for the CITY, may employ sustainable landscape management techniques whenever possible. 4.5.2 Plant waste should be minimized by selection of species that are appropriate to the microclimate that can grow to their natural size in the space allotted them, and that are perennials rather than annuals for color. Native and drought -tolerant plants that require minimal or no watering once established are preferred. 4.5.3 Hardscapes and landscape structures constructed of recycled -content materials are encouraged. The CITY may limit the amount of impervious surfaces in the landscape, wherever practicable. Permeable substitutes, such as permeable asphalt or pavers, are preferred for walkways, patios, driveways and low volume traffic areas. 4.6 TOXIC: and Pollution iteductlon 441 When making a choice among comparable products, the CITY may, whenever practicable, favor those products whose production and use involve fewer hazardous materials. 4.6.2 To the extent practicable, the CITY may purchase, or require janitorial contractors to supply, industrial and institutional cleaning products that meet Green Seal certification or other equivalent standards for environmental preferability and performance. 6 r. r 4. C) ORIGINAL 4.6.3 To the extent practicable, the CITY may purchase, or require janitorial contractors to supply, vacuum cleaners that meet the requirements of the Carpet and Rug Institute "Green Label" Testing Program - Vacuum Cleaner Criteria, are capable of capturing 96% of particulates 0.3 microns in size, and operate with a sound level less than 70dBA. Where possible and as applicable, other janitorial cleaning equipment may be capable of capturing fine particulates, removing sufficient moisture so as to dry within 24 hours, operate with a sound level less than 70dBA, and use high - efficiency, low -emissions engines. 4.6.4 The CITY may implement the Integrated Pest Management (iPM) Plan and practices for indoor and outdoor areas using chemical controls only as a last resort and providing on -going training and certification for CITY staff. Purchases of materials and services made by the CITY shall be consistent with its Integrated Pest Management policies. 4.6.5 The CITY may reduce the use of disposable batteries by purchasing rechargeable batteries for devices, such as cameras, remote control, tape recorders, telephone headsets, and wireless keyboards and mice and other equipment when practicable. 4.6.6 The CiTY may favor the less hazardous item when purchasing products and equipment that contain lead or mercury and when the product or equipment has an established toke-back program. 4.6.7 When replacing vehicles, the CITY may consider less -polluting alternatives to diesel such as compressed or liquefied natural gas, bio-based fuels, hybrids, electric batteries, and fuel cells, as available. 4.7 Producer ResponAft 3.7.1 The CITY may, whenever practicable, favor products that are manufactured by companies that take financial and/or physical responsibility for collecting, recycling, reusing, or otherwise safely disposing of their products and packaging at the end of their useful life. 3.7.2 When products are available that have established manufacturer - financed recycling programs the CITY may require vendors to offer the manufacturer's recycling services. N ` r P,Re, ORIGIN` 5.0 (IMPLEMENTATION 5.1 The Directors of the Finance and Public Works Department, or other directors as designated by the City Manager, may implement this policy in coordination with other appropriate CITY personnel. 5.2 Upon request, buyers making the selection from competitive bids may be able to provide justification for product choices that do not meet the environmentally preferable purchasing criteria in this policy. 5.3 Vendors, contractors and grantees may comply with applicable sections of this policy for products, and services provided to the CiTY may provide reporting, where practicable. 5.4 Nothing contained in this policy may be construed as requiring a department, purchaser or contractor to procure products that do not perform according to their intended use, exclude adequate competition, or are not available at a reasonable price in a reasonable period of time. 5,5 Nothing contained in this policy may be construed as requiring the CITY, department, purchaser or contractor to take any action that conflicts with local, state or federal requirements. &.0 PROGRAM EVALUATION 6.1 The Finance and Public Works Department personnel or others may be responsible for implementing this policy and may periodically evaluate the success of this policy's implementation through benchmarking and goal setting and periodic reports. • With the technical assistance and support of the Public Works Department, Finance Department personnel, or other personnel as designated by the City Manager may collect data and assist with benchmarking and reporting. ® Public Works Department and Finance Department personnel may provide educational resources, training, technical support and prepare reporting. 7.0 EFFECTIVE DATES 7.1 This policy shall take effect on adoption by the City Council of the City of Bakersfield. 8 OPIGINAL CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 4.15 SUBJECT: CASH RESERVE AND FACILITY REPLACEMENT RESERVE FUND SECTION: CHAPTER FOUR POLICY: ADOPTION OF A POLICY REGARDING A CASH RESERVE AND FACILITY REPLACEMENT RESERVE FUND. STATEMENT: Establishing Council Policy regarding setting acceptable balances for cash and facility replacement reserves. ADOPTION: Agenda Item No./Date 8.f.; March 17, 2021 Approved by City Council Res. No. 045-2021 Repealed Resolution Res. No. 038-11 SACOUNCILToliciesTolicy Statements\4.15.doc .. RESOLUTION NO. 04 5-, ® 2 ® 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD, CALIFORNIA, ADOPTING A CASH RESERVE AND FACILITY REPLACEMENT RESERVE FUND. WHEREAS, the City Council overarching goals state the need to, "Plan for stable and consistent fiscal solvency through prudent management of general fund reserves, facility replacement reserves..."; and WHEREAS, the City has maintained a Cash Basis Reserve Fund for many years in order to provide for the short-term cash flow needs of the City's General Fund on an annual basis; and WHEREAS, the City has maintained Facility Replace Reserve Fund for many years to cover unanticipated repairs to City facilities brought on by natural disaster or other emergencies; and WHEREAS, the City has deposited additional funds on occasion to increase the balance of these reserve balances as a prudent fiscal action; and WHEREAS, the City expanded the established cash reserves balance to also serve as a rainy -day fund to be used for operational shortages in the General Fund due to possible revenue reductions or emergency operational needs; and WHEREAS, governmental accounting best practices recommend a 60-day cash reserve in the General Fund; and WHEREAS, The City Council approved Resolution No. 019-19 on June 28, 2019 establishing a cash reserve and facility replacement reserve plan to fund sufficient balances that, at the minimum, meet the recognized 60-day standard and adequate funds for emergency facility replacement. WHEREAS, Council had a CASH BASIS RESERVE FUND Resolution in its Council Policy and Procedure Manual (Chapter 4, Section 4.15). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2. The attached Exhibit A is the current Cash Reserve and Facility Replacement Reserve Fund policy. n �• t� - Page 1 of 2 Pages - �� 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 MAR 17 2021 , by the following vote: YES COUNCIL MEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER NOES: COUNCIL MEMBER N*^A.- ABSTAIN: COUNCIL MEMBER Nov-.Q- ABSENT: COUNCIL MEMBER NVVNA-� ��__ �L LY i�rrU�XCJtO JULIE DRIMAKIS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAR 17 1021 By M .9,/ KAREN GOH APPROVED AS TO VIRGIN IA GENNARO City Attorney Attachment: Exhibit "A" VG:ag S.\COUNCI L\Resos\20-21\CashResandFadlityReplacementReserve.dock - Page 2 of 2 Pages - RESOLUTION NO. _091-19 (1) AMENDMENT NO. 1 TO RESOLUTION 091-19 APPROVING AND ADOPTING A CASH RESERVE AND FACILITY REPLACEMENT RESERVE FUND. WHEREAS, WHEREAS, the City of Bakersfield has traditionally engaged in fiscally conservative budgeting practices; and WHEREAS, the City does not currently have a cash reserve or facility replacement reserve that meet the City' s preferred levels or national standards for government agencies; and WHEREAS, there is a need for a 60 -day general cash reserve and a more robust facility replacement reserve to mitigate against future unknown circumstances; and WHEREAS, reserve funds help mitigate the effects of unanticipated situations such as natural disasters and significant unforeseen events, as well allow the City to temporarily buffer against cuts to staffing levels, programs or services in response to economic downturns and State revenue takeaways; and WHEREAS, one of the City Council' s adopted goals is fiscal solvency and providing for the prudent use of fiscal resources; and WHEREAS, one of the 13 community priorities of the Bakersfield Public Safety and Vital Services Measure is to ensure the fiscal stability of the City; and WHEREAS, the Bakersfield Public Safety and Vital Services Citizens Oversight Committee has recommended the City Council establish a 60 -day general cash reserve for the City; and WHEREAS, the City Council has directed staff to develop a plan to implement such recommendations to increase the City' s general cash reserve; and WHEREAS, staff has developed a multi -year plan to increase the City' s general cash reserves to a level equal to 60 -days of general fund expenditure needs and a facility reserve level to that of adequate need. WHEREAS, City Council updated its Policy and Procedure Manual subsequent to this Resolution and desired to have this Resolution in said Manual NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield as follows: !� o The above recitals are true and correct; and 2. That the general cash reserve and facility replacement reserve plan outlined in Exhibit "A" of this resolution is hereby approved and adopted; and 3. This Resolution and Exhibit shall provide directions to staff is the development and implementation of such reserve levels; and 4. That staff shall make every effort, fiscal circumstances allowing, to meet the target reserve levels within the timelines included in the Exhibit; and 5. Resolution 091-19 (1) and its amendments thereto be lodged in the City Council Policy and Procedure Manual, Chapter 4, Section 4.15. —------ —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 MAR 17 2021 , by the following vote: COUNCIL MEMBER ARIAS, GO ALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER NOES: COUNCIL MEMBER tgwy- ABSTAIN: COUNCIL MEMBER 04\0— ABSENT: COUNCIL MEMBER iVve\41 A. kL J LIE DRIMAKIS CITY CLERK and Ex Officio Clerk of APPROVED MAR 17 2021 the Council of the City of Bakersfield By KAREN GOH Ma or APPRO ED AS TO F By-rr.teJ VI GINIA► GENNARO City Attorney Attachment: Exhibit "A" VG:ag S:\COUNCIL\Resos\20-21\Ch4Sec4.l5 -Exhibit A.docx � tC� - Page 2 of 2 Pages - r �+ J Exhibit "A" 74: Alan Tandy, City Manager FROM: Randy McKeegan, Finance Director / R X DATE: June 19, 2019 RE: City Reserves and Unfunded liabilities Members of the City Council requested additional research and the development of a plan on reserve levels along with funding a new pension related trust fund. That analysis and related recommendations are spelled out below. RECOMMENDATION Over the next three fiscal years, increase General Fund Reserves by a total of $5.7 million to reach the recommended level of two months of General Fund expenditures and increase the Facility Replacement Reserve by $2 million. The City's rainy day reserves will have a total balance of over $65.1 million when this plan is fully implemented. In addition, to address the unfunded pension liability, establish a separate 115 Trust and budget a $5 million annual contribution starting in fiscal year 2022-23. RESERVE FUNDS/UNFUNDED LIABILITIES BUDGET PLAN fbcd Yew 2019-20' 2020-21 2021-22 2022-23 2023-24 2024-25 : funi� is es:(fnc t'S SI ;'::: i0;t;' .000 .. b:9tJEt O :.. T.0.�,000 :�.�10,1ibD". l:, t3ttD .''i 864f: rarvity Replacement Reserve 2,000,000 2,000,000 2.000.000 Ilfrate Std6w, ah it 155 Trust) 5,t ODjO00 TOTAL 12,000.00D 8,900,000 9,000,000 6,400,000 6,400.000 6,500,000 Note. Based on availability of funds at mid -year. If insufficient funds are avanable the plan will need to be pushed back by one year, ending Instead on 2025.26 CUMMULATIVE RESERVE BALANCES 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 L^ 3tt'l3asis kesetve {G�n Fund) 36�813;#i00 43"D:UQQ 5Q 29t3,t3E30,:: .51.680.OtiQ.: ;; 53;08@Jbpb ; : a : Q:OtItI Facility Replocemerw Reserve 6,590,000 8,590,000 10.590.000``:.1 10,590,000 10,590,000 .10,5M*000 PERS Rate StabYiz�atlon (I 15 Trust) ::: ' 5,000,000 .' 90 000,000 15;000;000 BACKGROUND Council made a number of inquiries related to both increasing City reserves and addressing unfunded liabilities for COWERS and OPEB at recent meetings in May. It was determined that looking at the necessity to address these items overall, and prioritizing each, may be beneficial and the best way to respond. 6Ait c S �ACCOUNTING'RANDY4 i).Mi ,All111N ISSUESIMAY COUNCIL RF.FF.RAL-RF.SF.RVES AND LIAWLTIiS REV.UOCXOPiGlimtkL c �, City Reserves The City currently has a General Fund Cash Basis Reserve of $25.4 million. That amount includes a Council approved appropriation of $12 million of PSVS revenue in 2018-19 to supplement the historic General Fund reserve. That additional amount allows the CaIPERS unfunded liability to be paid at the beginning of each fiscal year as opposed to making payments monthly resulting in annual interest savings of $1 million to $1.5 million over the next six years. The current plan to increase General Fund reserves is to allocate these interest savings on the pension liability payments, which would increase the reserves to $33 million by fiscal year 2024-25, The City has recently updated revenue estimates both for the current fiscal year and for 2019-20 that increases Sales Tax Revenue, This change allows increases in the budgeted allocation to the General Fund Cash Basis Reserve for both years ($1 million in 2018-19 & $3.3 million in 2019-20.) The Government Finance Officers Association (GFOA) recommends General Fund reserve levels equal to two months of expenditures and this plan puts the City near that recommendation based on the 2018-19 budget. The proper level of General Fund reserves is a moving target though. The estimated General Fund budget in two years, when the bulk of PSVS hiring is completed, would be approximately $327 million, which increases the minimum target reserve in the General Fund to $54.5 million. A study by the San Francisco Office of Controller found that the largest cities in California had all established goals or policies of maintaining a General Fund reserve of 10% or less of General Fund revenues or expenditures (depending on the organization). See Attachment A. The current goal of two months of expenditures (or 16.7%) exceeds the reserve levels sought by those comparable cities. The department is currently researching to find the most recent reserve levels for those identified in the study. The City also has a reserve fund that is held for emergency repairs and maintenance to City facilities. The balance of that facility reserve is at its lowest point since it was established in 2005, currently $2.6 million. With the improved Sales Tax Revenue outlook mentioned previously, the City was able to set aside on additional $1 million for this fund in the current year_ The 2019-20 budget also proposes an increase of $1 million to this fund but additional reserves are needed. When it was established over a decade ago, the goal was a reserve level of $5 million. The value of City building and improvements has increased significantly since 2005, both due to inflation and additional assets, so it has been proposed that the facility reserve level should be at a level closer to $10 million. PIERS and OPES Liabilities CalPERS and OPEB liabilities continue to be a concern with unfunded liabilities sitting at $415 million and $78 million respectively based on the most recent actuarial reports. Required contributions to CalPERS for 2019-20 will be over $53 million and are expected to increase over 30% to $69 million by 2024-25. The City has established what is called a Section 115 Trust to fund the OPEB liability and has eliminated the benefit for employees hired after 2006. The OPEB program is therefore a "closed" system and the number of participants will only shrink over time. Analysis of the liability and investment performance has shown that, with the City continuing to make the required contributions, by 2036 the earnings on the trust should cover the anticipated cost of the plan going forward. Contributions in excess of the required amount do not shorten the estimated time the trust will become "self -funding" in a meaningful way. Actuarial analysis shows that an Cal�!i•:�at additional contribution of $5 million only reduces that timefrome by 1 year so excess funds are considered better -served addressing CalPERS liabilities, There are fewer options available to reduce the CalPERS liability. Steps have been taken locally with the voter approved Measure D in 2010 and at the State level with the passage of PEPRA-in 2013. Additional contributions could be made to PERS, but there has been reluctance to consider that option due to past investment performance at CalPERS. A separate Section 115 trust could be established in what is called a Pension Rate Stabilization fund. Those funds would remain within the City's control and be managed by the City's own investment consultant. The deposits could then be held in the trust to either offset the pension liability or cover significant spikes in required contributions should the need arise. Reductions to the City's total pension expenses have also occurred with smaller shifts of the Employer Paid Member Contributions (EPMC) back to employees connected with past COLA increases. These varying and competing needs will require prioritization on the use of available funds moving forward. Increasing General Fund and Facility Reserves With the target reserve levels of $54.5 million, over the next three years the City will need to supplement the initial reserve plan by approximately $23 million ($17 million for General Fund reserves and $6 million for Facility reserves.). That amount would be in addition to the savings on interest that will be realized by funding the PERS liability payments at the beginning of each year. As noted previously, the target reserve level of $54.5 million (or 16.7% of budgeted General expenditures) is the level recommended by GFOA and exceeds the average reserves percentage held by comparable Cities in research by the San Francisco Office of Controller - RESERVE FUND PLAN 2019-19 to 2024-25 1A18-19 2U19-2U 2C2U 21 2A21.22 +- IrACAIResmePlan——Tow!GOneralReidResentes w t� k��t�h' >��..�r.iCFr �'GR a;tyAt�t Establish Pension Section 115 Trust As discussed, addressing reserve levels will the first priority but after fiscal year 2022-23, a Section 115 trust could be established to deal with the City's pension liabilities. Reducing unfunded liabilities requires establishing some goal or benchmark the City would like to achieve. There is an unfunded liability balance nearing $500 million dollars with an overall funded ratio of 66%. As an example, if the City would like to get to a ratio of 7ff for the CaIPERS liability, that would require a contribution to the trust starting in 2022-23 of $5 million a year through 2027-28 based on the most recent actuarial reports. It should be naffed that each year the liability reported by CalPERS changes based on new actuarial studies and these unfunded amounts are very fluid based on investment performance and plan population. Please contact me if you need any more information or have questions_ Attachment Cc: Chris Nuot, Assistant City Manager Nelson Smith, Finance Director �r"SKr 3 0--V NAb ATTACHMENT A Table S. Reserve Policies of Peer Jurisdictions FY 2O0940 Reserve Balance city Reserve Name Purpose Size WithdrawalRequirements Deposits millions `Ya of target San General Reserve None specified None specified ($25 only vote of Board of None specified 25.0 0.9% of regular Francisco million historically) Supervisors General Fund GUCttgnt Rainy Day Reserve Significant Maximum of 10% of Projected revenues for 50% of excess revenues 24.6 O.9%u of regular poll economic regular General upcoming year must be revenues if General Fund downturns Fund revenues less than current year or projected revenues revenues the highest of any other exceed currant year fiscal year's revenues revenues by 5% or plus 2% for each more Anaheim General Fund None specified 7-10% of General None specified NIA 28.2 11 % of General Unrestricted Fund Fund expenditures Fund Balance ex nditures Boston General and &iiiordinary 8 2.5% of preceding Written documentation None specified 27.5 2.8% of prior Reserve Unforeseen year's explaining why transfer year City Circumstances appropriations for all Is necessary, approval Department City departments from Mayor & City appropriations (excluding schools) Council. Undesfgnated Fixed costs (e.g. 10% of General Actual revenues exceed NIA 550.3 24.5% of General Fund pension Fund operating budgeted amounts & (FY2008-09) General Fund Balance contributions) or expenditures encumbrances are less operating extraordinary, than appropriations expenditures nonrecurring events Chicago Skyway mid- and None specified None specified None specified Noire specified 5W.0 17.3% of total long-term reserve General Fund revenues Parking meter mid- None specked None specified None specified None specified 180.0 5.7% of total and long-term General Fund reserve revenues Budget Stabilization None specified None specified None specified None specified - Fund Fresno General Fund Natural disasters, 5% of General Fund Declaration of fiscal Add funds as 17.0 7.5% of Emergency Reserve significant declines appropriations emergency by Mayor, necessary to reach General Fund In GF revenues ratified by City Council or exceed 5% target appropriations IR FY 2W9.10 Reserve Balance City Reserve Narna Purpose $tze Withdrava " t Re theuirmtts Deposits S rdirions % of target Honolulu Fiscal Stability Fund Economic & revenue None specified A trigger relating to Deposits $u ec to B 1,g°� tl slums; unemployment, Council approval; General Fund emergency revenues, property value, possible sources are revrexres situations expenditures, unfunded unbudgeted mandates, or natural unreserved fund disaster must be met balance & property sales Los Angeles Contingency within fiscal year 2.25114 of total Majority vote by City ---Yf—un-ds removed 12 -6 218010 of total aware Fund unanticipated General Fund Council total tess than 1% of General Fund expenses or revenue revenues Or revenues. revenues shortfalls reserve must be icily restored in following FY: if funds removed total more than 1 Emergency Reserve Significant economic Minimum of 2.76% Mayor must determine funds strait be replenished per 121.0 2.79% of total Fund downturn; natural of total General that no other viable FY until replenished General Fund disaster Fund revenues sources of funds are revenues "liable Osid and Genera Purpose Unusual, 7.6°h of General A declaration of a fiscal City Administrator 9.8 2. % of General Fund Reserve unanticipated and Purpose Fund emergency must be shall present Fund seemingly expenditures approved by a majority of strategy to restore expenditures insurmountable City Council reserve balance events of hardship Philadelphia General Fund None specified None specified None specified None specified 85.3 2.2%e l total Balance General Fund revenues PorNand Emergency Raserve Within Iseai year Minimum of 5% of Fund Unanticipated event would result in negative Must begin to restore funds within 64.7 16.T% of General Fund Fund unanticipated General expenditures or operating revenues ending OF balance; 24 months of operating revenue fluctuations Declaration of withdrawal reymues emergency by Council ordinance Countercyclicai Stow revenue growth Minimum of 5% of Revenue growth, Reserve Fund during recession General Fund unemployment rate, operating revenues property tax delinquency rate, & business license revenue growth triggers e_,D r? `U r 0 c O C? FY 2009-10 Reserve Balance City Reserve Name Purpose Size Withdrawal Requirements Deposits $ millions % of target Sacramento Etxxwmic None specified No formal policy, in None specified None specified 10.5 2.8% of Uncertainty Reserve practice, maintain General Fund reserve equal to revenues 10"% of GF revenues San Diego Emergency Reserve Qualifying Target: Emergency Declaration of None specified 75.4 6.7% of emergencies Reserve must equal emergency approved by General Fund 8% of GF Revenues two-thirds of City revenues Council Phase4n: Appropriated Within fiscal year combined valise Approval by majority O Reserve unexpected must equal 8% of City Council operational needs OF Revenues by Unappropriated the end of FY2011- Reserve 12. San Jose General Fund Unexpected 3% of operating Approval by two-thirds None specified 30.7 3.1 % of Contingency circumstances budget of City Council General Fund expenditures Reserve Including OF shortfall Emergency Reserve Known but None specified Not specified None specified 3.4 0.5% of Fund unspecified General Fund Economic expenses Public emergency None specified Not specified Financed through 4.5 expenditures 0.3°% of Uncertainty Reserve that threatens Ives, sale of surplus city General Fund Fund properly or welfare properties expenditures of residents C� GiTYL(,,r r� <r s S I -47 m 93 8 rR m 0 f N f N CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 4.16 SUBJECT: PENSION STABILIZATION FUND SECTION: CHAPTER FOUR POLICY: ADOPTION OF A POLICY REGARDING A PENSION STABLIZATION FUND PERTAINING TO THE CITY RETIREMENT PROGRAMS HELD WITH CALPERS STATEMENT: Resolution adopting Council Policy regarding a Pension Stabilization Fund pertaining to City retirement programs held with Ca1PERS. ADOPTION: Agenda Item No./Date 8.d.; June 8, 2011 Approved by City Council Res. No. 039-11 Amended by City Council SACOUNCIL\Policies\Policy Statements\4.16.doc RESOLUTION NO. 039-ii A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADOPTING A POLICY REGARDING A PENSION STABILIZATION FUND PERTAINING TO THE CITY RETIREMENT PROGRAMS HELD WITH CALPERS. WHEREAS, the City Council Guiding Principles provide "to maintain responsible fiscal policies which insure fiscal solvency..."; and WHEREAS, the City has recently seen dramatic rate increases regarding the retirement programs held with CalPERS; and WHEREAS, the City has also seen very low contribution requirements in past years from CaIPERS; and WHEREAS, the City desires to protect itself as much as possible from large fluctuations (up or down) in annual CalPERS rate payment requirements; and WHEREAS, the Budget and Finance Committee reviewed this issue at their May 23, 2011 meeting; and WHEREAS, the Committee recommended a long term solution to this issue by establishing a Retirement Stabilization Fund, where monies may be set aside each budget year when the estimated budget payment to CalPERS in the proposed fiscal year drops below the rolling ten year average total payment amount historically paid out to CalPERS; and WHEREAS, the amount of contribution to the Stabilization Fund will be determined by the City Council as part of their annual budget adoption process; and WHEREAS, said deposits will remain in the Stabilization Fund and accrue interest each year, with the funds to be used to smooth out future increased costs of any CalPERS rate increases that may occur after the year when monies are deposited into the Stabilization Fund. 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 -- Page I of 3 Pages tJ � n... r•utltt by reference, 2. The City Manager is hereby directed to: a. Calculate and maintain a ten year rolling average calculation regarding the total costs paid to CalPERS on an annual fiscal year basis. Calculations will be made in a manner consistent with the methodology provided at the May 23, 2011 Budget and Finance meeting; and b. Make recommendations to the City Council regarding suggested amounts for deposit into a Pension Stabilization Fund, and to incorporate these recommendations into the proposed budget in any fiscal year where the estimated costs to CalPERS in that future budget year drops below the ten year rolling average amount. ------ --000----- ---- -- Page 2 of 3 Pages -- r a "n'nlma! 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 JUN 0 a, 2011 by the following vote: LA YES- COUNCIL MEMBER SALAS B9N AH M, WEIR, COUCH, H SLIV ON, SULAN, JOH ON S. COUNCIL MEMBER AVWL ABSTAIN: COUNCIL MEMBER A0V\Q. ABSENT: COUNCIL MEMBER AQfSQ CITY CLERK and Ex Offi Clerk of the Council of the City of Bakersfield APPROVED JUN 0 8 2011 By APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By/1�" SHUA H. RUDNICK Deputy City Attorney S:\Admin\Reno - council policy on annual PERS contributionsmiad -May 23, 2011 nks -Page 3 of 3 Pages - CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 4.18 SUBJECT: FUND BALANCE POLICY SECTION: CHAPTER FOUR POLICY: ADOPTION OF A FUND BALANCE POLICY FOR THE CITY OF BAKERSFIELD STATEMENT: Establishes the fund balance policy for the City of Bakersfield in order to comply with the Government Accounting Standards Board and Government Finance Officers Association guidelines. ADOPTION: t Agenda Item No./Date 8.e.; December 10, 2014 Approved by City Council Res. No. 212-14 Amended by City Council SACOUNCILToliciesTolicy Statements\4.18.doc RESOLUTION NO. 2 12 ` 1A A RESOLUTION ADOPTING A FUND BALANCE POLICY FOR THE CITY OF BAKERSFIELD, WHEREAS, The Government Accounting Standards Board (GASB) issued Statement number 54 to enhance the usefulness of fund balance information report by government agencies in their financial reports; and WHEREAS, The GASB recommends that a formal written policy be established by a government entity to properly classify the fund balance in each of the City's governmental funds; and WHEREAS, A recent review by the Government Finance Officers Association (GFOA) emphasized the need to establish a written fund balance policy, and WHEREAS, the GFOA emphasizes the need to comply with GASB rules and implementation of their recommendations to qualify for the GFOA's financial reporting award, which the City has received for 32 consecutive years; and WHEREAS, the City Budget and Finance Committee has reviewed the fund balance policy at it November 24, 2414 meeting and recommends Council adoption of the policy: and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: I . The foregoing recitals are true and correct and incorporated in their entirety herein by reference. 2. The "City of Bakersfield - Fund Balance Policy" attached hereto as Exhibit "A" and incorporated herein by reference, is hereby adopted. .I. > m r SAAccounting\Admin\Admin RepartslRaso for Fund Balance Policy.doc v o kow -- Page 1 of 2 Pages -- ORIGINAL 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 DEC 10 Z014 , by the following vote: ✓ ✓ ✓ ✓ I/ ✓ COUNCIL MEMBER: RIVERA, MAXWELL, WEIR, SMITH, . I, SULLIVAN, PARLIER NOES: COUNCIL MEMBER ABST : COUNCIL MEMBER (KEEN-) COUNCIL MEMBER M CITY CLERK AND EX OFFIff of the APPROVED DEC 10 2014 Council of the City of Bdkersfield lei da- HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney 0ByJOSHUA H. RUDNICK Deputy City Attorney Attachment: Fund Balance Policy >. m SAWccountingWdminWdmin RepoRalReso for Fund Balance Policy.doc -- Page 2 of 2 Pages -- ORIGINAL CITY OF BAKERSFIELD Fund Balance Policy (Revised for GASB 54) Purpose The purpose of this policy is to establish a key element of the financial stability of the City by setting guidelines for fund balance. Unassigned fund balance is an important measure of economic stability. It is essential that the City maintain adequate levels of unassigned fund balance to mitigate financial risk that can occur from unforeseen revenue fluctuations, unanticipated expenditures, and similar circumstances. The fund balance also provides cash flow liquidity for the City's general operations. Definitions Fund Equity — A fund's equity is generally the difference between its assets and its liabilities. Fund Balance — An accounting distinction is made between the portions of fund equity that spendable and nonspendable. These are broken up into five categories: 1) Nonspendable fund balance — includes amounts that are not in a spendable form or are required to be maintained intact. Examples are inventory or permanent funds. 2) Restricted fund balance — includes amounts that can be spent only for the specific purposes stipulated by external resource providers either constitutionally or through enabling legislation. Examples include grants and transportation development fees. 3) Committed fund balance — includes amounts that can be used only for the specific purposes determined by a formal action of the government's highest level of decision -making authority. Commitments may be changed or lifted only by the government taking the same formal action that imposed the constraint originally. 4) Assigned fund balance — comprises amounts intended to be used by the government for specific purposes. Intent can be expressed by the governing body or by an official or body to which the governing body delegates the authority. In governmental funds other than the general fund, assigned fund balance represents the amount that is not restricted or committed. This indicates that resources in other governmental funds are, at a minimum, intended to be used for the purpose of that fund. S) Unassigned fund balance — is the residual classification of the general fund and includes all amounts not contained in other classifications. Unassigned amounts are technically available for any purpose. cAprogram files(x86)\neevia.com\docconverterpro\temp\nvdc\290ea333-cf04-4236-988'1- 7d8086fa718c\pdfconvert.1462. l .cob_fundbalance_policy.docx M u' � rn r z O ORIGINAL Policy C'ommilted Fund Balance • The City Council is the City's highest level of decision -making authority and a formal action by this body (ordinance/resolution) is required to establish, modify, or rescind a fund balance commitment. The action must either be approved or rescinded, as applicable, prior to the last day of the fiscal year for which the commitment is made. The amount subject to the constraint may be determined in the subsequent period. Assigned Fund Balance • The City Council has authorized, by ordinance, the City's Finance Director as the official authorized to assign fund balance to a specific purpose not to exceed $40.000 as approved by this fund balance policy. • The City Council also has the authority to set aside funds for a specific purpose through either a council Approved contract or when approving reservations in the annual budget. Any funds set aside as assigned require a simple majority vote of the Council and must be recorded in the minutes. The same action is generally not required to change or remove that assignment. Order of Expenditure of Funds When multiple categories of fund balance are available for expenditure (for example, a construction project is being funded partly by a grant, funds set aside by the City Council, and unassigned fund balance), the City will start with the most restricted category and spend those funds first before moving down to the next category with available funds c:\program files(x8G)lnecvia.com\docconverterproNtempinvdc\290ea333-cf04-4236-9881- 11�AKF9 7d8086fa718c\pdfconvert.1462.1.cob_fundbalance_policy.docx ° m r c� O ORIGINAL SUBJECT: SECTION: CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT DEBT MANAGEMENT POLICY CHAPTER FOUR CP No. 4.19 POLICY: ESTABLISHES OBJECTIVES AND GUIDELINES FOR THE ISSUANCE AND ADMINISTRATION OF DEBT AND OTHER FINANCING OBLIGATION OF THE CITY AND RELATED ENTITIES STATEMENT: Amendment No. 1 to Resolution No. 110-17 adopting a Debt Management Policy. Agenda Item No./Date 8.f.; March 17, 2021 Approved by City Council Res. No. 110-170 ) Amended by City Council March 17, 2021 Prior Resolutions Res No. 110-17 SACOUNCIL\Policies\Policy Statements\4.19.doc RESOLUTION NO. 1i0-170 AMENDMENT NO. 1 TO RESOLUTION NO. 110-17 ADOPTING A DEBT MANAGEMENT POLICY (COUNCIL POLICY 4.19). WHEREAS, the Council of the City of Bakersfield adopted Resolution No. 58- 96 thereby adopting a City Council Policy and Procedural Manual ("Manual" herein); and WHEREAS, Manual serves as a guideline to govern the actions, conduct and business of the City of Bakersfield and its City Council; and WHEREAS, certain policies and procedures of Manual have become antiquated and require either clarification, updating, or repeal; and WHEREAS, City Council directed City Attorney to update Chapter Four of Manual. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. Resolution No. 110-17 re: DEBT MANAGEMENT POLICY is hereby amended with an updated Exhibit "A." 3. This Resolution shall become effective and in full force upon final passage. -------- 0000000-------- Page 1 of 2 Pages Resolution Amending Section 4.19 Resolution No. 110-17 PK, 9q s ORIGINAL 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 MAR_17 2071 , by the following vote: ✓ ✓ ✓ ✓ ✓ ,- 45YF5 COUNCILMEMBER, ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER NOES: COUNCILMEMBER NV-4- ABSTAIN: COUNCILMEMBER "11 L ABSENT: COUNCILMEMBER NVIN2- J LIE DRIMAKIS, CMC CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield APPROVED MAR 17 2D21 ff& o2 Al Mayor APPROVED AS TO FORM: VIRGINIA ENNARO City Attor ey City Attorney Attachment: Exhibit "A" VG:ag 5:\COUNCIL\Resos\20•21 \COUNCIL POLICY & PROCEDURE MANUAL\4.19AmendResol 1O-17COuncilPOlicies.Reso.docx Page 2 of 2 Pages Resolution Amending Section 4.19 Resolution No. 110-17 1— f- V �, CITY OF BAKERSFIELD DEBT MANAGEMENT POLICY I. INTRODUCTION The City of Bakersfield's (the "City") Debt Management Policy (this "Policy") establishes objectives and guidelines for the issuance and administration of debt and other financing obligations of the City and related entities for which the governing body consists of the same individuals as the City Council (including, but not limited to,, the Successor Agency of the Bakersfield Redevelopment Agency and the Bakersfield Public Benefit Corporation). As in this Policy, "City" shall mean the City and/or the City and its related entities, as context may require. This Policy is intended to improve the quality of decisions, provide justification for the structure of debt issuance, identify policy goals and demonstrate a commitment to long-term financial planning, including a multi -year capital plan. Adherence to a debt management policy signals to rating agencies and the capital markets that a government is well managed and should meet its obligations in a timely manner. The guidelines established by this Policy will govern the issuance and management of all debt incurred for long-term capital financing needs and not for general operating functions. The Finance Department recognizes that changes in the capital markets and other unforeseen circumstances may require action which may deviate from this Policy. In cases which require exceptions to this Policy, approval from the City Council will be necessary for implementation. II. GOALS AND OBJECTIVES This section of this Policy sets forth certain equally important goals and objectives for the City and establishes overall parameters for responsibly issuing and administering the City's debt. Additionally, this Policy is intended to facilitate compliance by the City, and is consistent with, Section 8855(i) of the California Government Code as amended by SB 1029 ("SB1029"), enacted by Statutes of 2016. • To finance capital projects in a timely and cost-effective manner • To minimize debt service and issuance costs • To maintain access to cost-effective borrowing • To achieve and maintain the highest reasonable credit rating • To allow for full and timely repayment of debt Exhibit A (Chapter 4, Section 4.19) r t- r • To maintain compliance with financial disclosure and reporting undertakings To ensure compliance with state and federal laws Insure integrity of the debt management process III. DELEGATION OF AUTHORITY Pursuant to the provisions of Sections 37209 and 40805.5 of the Government Code of the State of California, the Finance Director shall be the head of the Finance Department and shall be responsible for all of the financial affairs of the City. This Policy grants the Finance Director the authority to select the debt financing team ("Financing Team"), coordinate the administration and issuance of debt, communicate with the rating agencies, as well as to fulfill all the pre -issuance and post -issuance disclosure information. The Finance Director or designee will use the Request for Proposal (RFP) process to select various Financing Team members. Below is a brief description of the main Financing Team, along with their functions, and the mandated frequency of soliciting RFPs. The Finance Director shall be responsible for and in charge of (i) federal tax and securities law post -issuance compliance with respect to all debt obligations and (ii) timely submitting to the California Debt and Investment Advisory Commission any annual debt report required under Section 8855(k) of the California Government Code. The typical Financing Team consists of: 1. Financial Advisor - • Assists with capital planning and long-term financial planning • Coordinates the financing and debt issuance process • Helps evaluate underwriter proposals and provides financial analysis and recommendations • Assists with the securing of other professional services and other members of the Financing Team • Monitors and evaluates market conditions for opportunities to issue debt at low interest rates • Works with the City and underwriter to develop investor outreach and market approach • Manages competitive bid process • Ensures negotiated prices are "fair" and reasonable in the marketplace Requests for Proposals for financial advisor services should be done on a periodic basis; at least every ten (10) years, but may be subject to review more often if deemed necessary. 2c�Hfi�� Exhibit A (Chapter 4, Section 4.19) r- U � 2. Bond Counsel - • Prepare an approving legal opinion • Provide expert and objective legal opinion and advice Prepare and review documents necessary to authorize the, issue, sale and delivery of the bonds, as well as coordination of the authorization and execution of closing documents • Review legal issues relating to the structure of the bond issue • Prepare election proceedings or pursue validation proceedings if necessary • Review or prepare those sections of the official statement that relate to the bonds, financing documents, bond counsel opinion, and tax exemption • Assist the City in presenting information to bond rating organizations and credit enhancement providers relating to legal issues affecting the issuance of the bonds • Review or prepare the notice of sale or bond purchase contract for the bonds and review or draft the continuing disclosure undertaking of the City • Post -issuance advice for bond covenant compliance Requests for Proposals for bond counsel services should be done in co-ordination with the City Attorney on a periodic basis; at least every ten (10) years, but may be subject to review more often if deemed necessary. 3. Disclosure Counsel - Prepare the IOb-5 opinion certificates and letter Prepare, review, and maintain drafts of preliminary and final official statements Assist with filings made with the Municipal Securities Rulemaking Board's (MSRB) Electronic Municipal Market Access (EMMA) website and other websites Requests for Proposals for .disclosure counsel services should be done in co- ordination with the City Attorney on a periodic basis; at least every ten (10) years, but may be subject to review more often if deemed necessary. 4. Underwriter - • Provide the City with market knowledge • Assist with credit analysis and preparation • Premarketing of the bonds • Pricing and sale of bonds • Trading of the bonds Exhibit A (Chapter 4, Section 4.19) ° �= ' v Underwriter services should be solicited through a Request for Proposal (RFP) for every bond issue, or by developing a pool of pre -qualified underwriters from which to select. 5. Placement Agent - • Provide the City with market knowledge • Assist with credit analysis and preparation • Premarketing of the bonds • Pricing and Sale of bonds • Trading of the bonds Placement agent services should be solicited through a Request for Proposal (RFP) for every bond issue, or by developing a pool of pre -qualified placement agents from which to select. b. Trustee/Fiscal Agent/Paying Agent - • Establishes and holds the funds and accounts relating to the bond issue • Maintains the list of names and addresses of all registered owners of the bonds and recordings of transfers and exchanges of the bonds • Acts as the authenticating agent • Acts as the paying agent • Protects the interests of the bondholders by monitoring compliance with covenants and acts on behalf of the bondholders in the event of default • As the escrow agent, holds the proceeds from a refunding bond issue (either money or securities purchased with such bond proceeds) and uses such funds for the payments of debt service on the refunded bonds • As a dissemination agent, acts on behalf of the issuer or other obligated person to disseminate annual reports and event notices to repositories under Securities and Exchange Commission Rule 15(c)2-12 RFPs for trustee/fiscal agent/paying agent services should be done on a periodic basis if the recurring trustee/fiscal agent/paying agent fees increase excessively (in excess of the prevailing Los Angeles -Riverside -Orange County inflation rate). IV. TYPES OF DEBT The Finance Director with the assistance of a financial advisor will examine and evaluate all available alternatives for new issues and make a recommendation to the City Manager and the City Council. Factors that should be considered include: 1) Is the issuing option appropriate under existing laws? 2) Are there formal policies with respect to the method of sale? 3) Does the nature of the proposed offering suggest that one method of marketing is more efficient than another? And, 4) Have the City's past issuance practices yielded acceptable results? Only after review and acceptance by the City Manager, will the Exhibit A (Chapter 4, Section 4.14) F r v � proposed new debt issuance be presented to the City Council for review and consent. The following are the types of debt the City could issue: 1. New Money Bonds New money bonds are bonds issued to finance the cost of capital improvement projects or other large and extraordinary costs as approved by the City Council. 2. Refunding Bonds Refunding bonds are bonds issued to refinance (refund) previously issued outstanding debt. The City may issue refunding bonds to refinance the principal of and interest on outstanding bonds or other debt to achieve debt service savings, restructure scheduled debt service, convert from or to a variable or fixed interest rate, change or modify the source(s) of payment and security for the refunded debt, or modify covenants otherwise binding upon the City. Refunding bonds may be issued either on a current or advance basis. Generally, the City will pursue refunding opportunities if the expected net present value savings provide sufficient compensation for the exercise of the optional redemption provision. Recommendations as to the sufficiency of the net present ,. value savings will be provided by the City's financial advisor. 3. Revenue Bonds Revenue Bonds are generally issued by enterprise funds that are financially self- sustaining without the use of taxes and therefore rely on the revenues collected by the enterprise fund to repay the debt. 4. Fixed Interest Rate vs. Variable Interest Rate Debt Fixed interest rate debt is typically preferred to maintain a more predictable debt service burden. Variable interest rate debt can be utilized on a limited basis when the potential advantages of capturing the lowest interest rates available in the current market outweigh the forecasted risks. 5. Variable Rate Debt Obligation (VRDO) Predetermined intervals are set where the rate can be reset to current market conditions. VRDO's with a long maturity can be priced as short-term instruments making it potentially a less costly option in a normal upward sloping yield curve environment. 6. Assessment Bonds The Improvement Bond Act of 1915 (Streets and Highways Code Section 8500 et seq.) allows the City to issue bonds to finance the "specific benefit" improvements on the real property within its jurisdiction provided by the City. Installments are collected by posting to the secure property tax roll of the county. Exhibit A (Chapter 4, Section 4.19) U C 7. General Obligation Bonds In California, General Obligation ("GO") bonds require a supermajority voter approval. Most GO bonds are backed by the issuer's ability to level ad valorem tax in amounts sufficient to meet debt service requirements. 8. Certificate of Participation Also known as a "COP", this type of debt may take one of two forms: a) Installment Sale Agreement - this is where specific revenue is pledged to construct certain public improvements where there is often a direct relationship or "nexus" between the revenues pledged and the type of improvements to be constructed. The installment payments are often assigned to a third party that issues certificates of participation. The certificates represent a share of the installment payment to be received by the investor. b) Abatement Lease Agreement - this is where a City makes available certain unencumbered City assets as security for the debt through a lease purchase transaction, the interest in that City's lease payment often is assigned to a third party that issues certificates of participation. The certificates represent a share of the lease payment to be received by the investor. 9. Capital Leases Capital leases may be used to purchase buildings, equipment, furniture, fixtures and intangible assets (such as water rights) . The term of any capital lease will not exceed the useful life of the asset leased. 10. State Water Resources Control Board Loans The State of California's Division of Financial Assistance (DFA) administers the implementation of the State Water Resources Control Board's (State Water Board) financial assistance programs that include below market financing for construction of municipal sewage and water recycling facilities, remediafion for underground storage tank releases, watershed protection projects, nonpoint source pollution control projects, etc. 11. Bond Anticipation Notes and Grant Anticipation Notes Bond Anticipation Notes ("BANs") are short-term debt instruments that will be repaid with proceeds of an upcoming bond issue. Grant Anticipation Notes ("GANs") are short-term instruments that will be repaid from expected future Federal or State grants accepted by the City. Issuance of BANs and GANs should not occur in amounts or result in amortization that would result in the failure by the City of its ability to satisfy its rate covenants and the debt coverage goals contained in this Policy. Exhibit A (Chapter 4, Section 4.19) =, v 1Z) 12. Revenue Anticipation Notes Revenue Anticipation Notes (RANs) are a form of note or short-term loan that a government entity may issue to solve problems associated with a mismatch between the receipt of property tax or other revenues and ongoing expenditures during the current fiscal year. The RANs are repaid from a named revenue source to be received during or accruing to the current fiscal year in which the RAN is issued. 13. Commercial Paper Commercial Paper is a short-term obligation with maturities ranging from 1 to 270 days. The payment when due of principal and interest on each series of Commercial Paper notes also is secured by separate irrevocable, direct -pay letters of credit. The City may refinance, refund or purchase outstanding Commercial Paper by issuing new Commercial Paper, by issuing bonds, or by using available City funds. Any outstanding Commercial Paper anticipated to be paid off and not reissued within the current fiscal year shall be excluded from any calculations of variable rate exposure for internal debt management purposes. The City may issue Commercial Paper as sources of interim financing for capital ` projects. Before issuing such Commercial Paper notes, the take out of such Commercial Paper must be anticipated in the financing plan and determined to be feasible and advantageous by the City. 14. Direct Laws, Floating Rate Notes and Revolving Credit Facilities The City may enter into a direct loan with a financial institution or other lending entity to meet certain of its financing needs. A direct loan is made directly with a financial institution or other lending entity and may be a fixed or variable product. One type of direct loan, a Revolving Credit Facility, provides the City with the flexibility to drawdown, repay and redraw loans. The City may use direct loans as interim or permanent financing for capital projects or to refinance outstanding debt. Before entering into direct loans, the take out for such obligations must be anticipated in the financing plan and determined to be feasible and advantageous by the City. Variable Rate direct loans may take the form of Floating Rate Notes (FRNs), including Revolving Credit Facilities, that have a variable coupon, equal to an acceptable industry benchmark rate (reference rate), plus a spread. The spread is a rate that remains constant. At the beginning of each coupon period, the coupon is calculated by taking the fixing of the reference rate for that day and adding the spread. Because the coupon has resets based on a short-term index, the issuer is exposed to rising interest rates. However, unlike VRDOs or Commercial Exhibit A (Chapter 4, Section 4.19) `' Paper, FRNs are not supported by a bank liquidity facility, and therefore do not pose short-range liquidity/refinancing risk to the City. V. PURPOSE OF DEBT Long-term Debt Long-term debt may be used to finance purchases or improvement of land, infrastructure, facilities, or equipment when it is appropriate to spread these costs over more than one budget year. Long-term debt may also be used to fund capitalized interest, costs of issuance, required reserve, and any other financing related costs which may be legally capitalized. Long-term debt may not be used to fund City operating costs. Short-term Debt Short-term debt, such as notes, commercial paper, and lines of credit will be studied as an interim source of funding in anticipation of long term borrowing. Short-term debt may be issued for the same purpose as long-term debt. In addition, short-term debt borrowing may be considered to address justifiable cash flow requirements to meet short-term operating needs to provide necessary public services, subject to applicable restrictions in California Law. Refunding Periodic reviews of existing debt will be undertaken to identify refunding opportunities. Refunding will be considered (within State law and Federal tax law provisions) if and when there is a net benefit of refunding. Non -economic refunding may be considered to achieve City goals relating to changes in covenants, call provisions, operational flexibility, tax status, or the debt service profile. The City may purchase its bonds in the open market for the purpose of retiring the obligation when the purchase is cost effective. VI. MANNER OF SALE There are a number of market factors that will affect the success of a bond offering and each should be carefully considered before selecting a method of sale. These factors include but are not limited to, the following: 1) market perception of the City's credit quality, 2) interest rate volatility, 3) size of the proposed sale, 4) complexity of the proposed issue, and 5) completion with other issuers for investor interest (bond supply). Competitive Sales of Bonds The terms and prices of the bonds will be negotiated by the City and various underwriters through a bidding process amongst approved, impartial underwriters and/or underwriting syndicates. Both the City and the underwriter collaborate in the origination and pricing of the bond issue. The issue is awarded to the Exhibit A (Chapter 4, Section 4.19) U Q underwriter judged to have submitted the best bid that offers the lowest interest rate, taking into account underwriting spread, interest rates and any discounts or premiums. Negotiated Sale of Bonds A method of sale for bonds, notes, or other financing vehicles in which the City selects in advance, on the basis of proposals received or by other means, one or more underwriters to work with it in structuring, marketing and finally offering an issue to investors. The negotiated sale method is often used when the issue is: a first time sale by a particular issuer (a new credit), a complex security structure, such as a variable rate transaction, an unusually large issue, or in a highly volatile or congested market. Direct or Private Placement A direct or private placement is a variation of a negotiated sale in which the City, usually with the help of a financial advisor, will attempt to place the entire new issue directly with an investor. The investor will negotiate the specific terms and conditions of the financing before agreeing to purchase the issue. Direct or private placements are generally undertaken because the transaction is complex or unique, requiring direct negotiations with the investor, when market conditions indicate that this type of sale may result in a lower interest rate on the debt, or because the issue is small and a direct offering provides economies of scale. VII. DERIVATIVE PRODUCTS Because of their complexity, unless otherwise amended, derivative products such as interest rate swaps, inverse floaters, and other hybrid securities are prohibited by this Policy. VII1. PERFORMANCE STANDARDS The City strives to maintain `investment grade' ratings in the municipal market. Ratings assigned by a nationally recognized statistical rating organization of "BBB" (or equivalent) of higher are considered investment grade (without regard to numerical or "+" or "-" modifiers within the BBB category). IX. MARKET RELATIONSHIPS The Finance Director will be responsible for maintaining relationships with investors, credit analysts, and rating agencies. Exhibit A (Chapter 4, Section 4.19) X. ON -GOING DEBT ADMINISTRATION The Finance Director will regularly review the City's outstanding obligations, particularly in declining interest rate environments. When rates begin to approach levels at which refunding is cost-effective, the City shall select a financing team to begin preparations for a refunding issue. Continuing Disclosure The Finance staff will ensure that the City's annual financial statements and associated reports are posted on the City's web site. The City will also contract with Consultant(s) to comply with the Securities and Exchange Commission Rule 15(c)2-12 by filing its annual financial statements, other financial and operating data and certain enumerated event notices for the benefit of its bondholders on the Electronic Municipal Market Access (EMMA) website of the Municipal Securities Rulemaking Board (MSRB). Arbitrage Rebate Compliance and Reporting The use and investment of bond proceeds must be monitored to ensure compliance with arbitrage restrictions. Existing regulations require that issuers calculate rebate liabilities related to any bond issues, with rebates paid to the Federal Government every five years and as otherwise required by applicable provisions of the Internal Revenue Code and regulations. The Finance Director shall establish a system of record keeping and reporting to meet the arbitrage rebate compliance requirements of the Federal tax code and ensure compliance with other Federal tax regulations and post -issue compliance as required by Bond Counsel at the time of issuance of the debt. This effort shall include tracking expenditures of bond proceeds to ensure such expenditures comply with federal tax law requirements and tracking investment earnings on proceeds of the bond issue. The Finance Director shall contract with a specialist to ensure that proceeds and investments are tracked in a manner that facilitates accurate, complete calculations, and if necessary, timely rebate payments. XI. INTERNAL CONTROL PROCEDURES REGARDING USE OF DEBT PROCEEDS One of the City's priorities in the management of the debt is to insure that the proceeds will be directed to the intended use for which the debt has been issued. In furtherance of this requirement, the following procedures have been established: 1. The Finance Director shall retain a copy of each annual report filed with the California Debt and Investment Advisory Commission (CDIAC) pursuant to the Section 8855(k) of California Government Code concerning (1) debt authorized during the applicable reporting period (whether issued or not), (2) Exhibit A (Chapter 4, Section 4.19) v o debt outstanding during the reporting period, and (3) the use during the reporting period of proceeds of debt issued. 2. In connection with the preparation of each annual report to be filed with the CDIAC, the Finance Director or his/her designee shall keep a record of the original intended use of which the debt has been issued, and indicate whether the proceeds spent during the applicable one-year reporting period for such annual report align with the intended use (at the time of the original issuance or as modified pursuant to the following sentence). This determination of whether proceeds were used as intended will be based on the review of the trustee account statements to verify proper distributions. If a change in the intended use has been authorized subsequent to the original issuance of the debt, the Finance Director shall indicate in the record when the change in use was authorized and whether the City Council has authorized the change in intended use. The Finance Director shall report any apparent deviation from the intended use in debt proceeds to the City Manager for further discussion, and if the City Manager determines appropriate in consult with the City Attorney, to the City Council. 3. If debt has been issued to finance a capital project and the project timeline or scope of the project has changed in a way that all or a portion of the debt proceeds cannot be expended on the original project, the Finance Director shall consult with the City Manager and the City Attorney as to available alternatives for the expenditure of the remaining debt proceeds (including prepayment of the debt). If deemed advisable after such consultation, direction of the City Council may be sought as an alternative for the expenditure or use of such remaining debt proceeds. 11 gPKF�n Exhibit A (Chapter 4, Section 4.19) T• 'v � CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 4.20 SUBJECT: FINANCIAL ASSISTANCE REQUEST FROM NON-PROFIT GROUPS SECTION: CHAPTER FOUR POLICY: EVALUATION OF REQUESTS FOR FINANCIAL ASSISTANCE FROM NON-PROFIT GROUPS STATEMENT: Amendment No. 6 to Agreement No. 152-01 establishing Council Policy for evaluating requests for financial assistance from non-profit groups. ADOPTION: Agenda Item No./Date 12.a.; November 18, 2020 Approved by City Council Res. No. 152-01(6) Amended by City Council November 18, 2020 Prior Resolutions Res No. 152-01; Res No. 152-010 ) Res No. 152-01(2); Res No. 152-01(3); Res No. 152-01(4); Res No. 152-01(5) SACOUNCILPolicies\Policy Statements\4.20.doc RESOLUTION NO. 15.2-01w) AMENDMENT NO. 6 TO RESOLUTION NO. 152-01 ESTABLISHING COUNCIL POLICY FOR EVALUATING REQUESTS FOR FINANCIAL ASSISTANCE FROM NON- PROFIT GROUPS (COUNCIL POLICY 4.20). WHEREAS, the Council of the City of Bakersfield adopted Resolution No.58- 96 thereby adopting a City Council Policy and Procedural Manual ("Manual" herein); and WHEREAS, Manual serves as a guideline to govern the actions, conduct and business of the City of Bakersfield and its City Council; and WHEREAS, certain policies and procedures of Manual have become antiquated and require either clarification, updating, or repeal; and WHEREAS, Resolution No. 152-01 and amendments thereto relate to Financial Assistance to Non -Profit Groups; and WHEREAS, on October 21, 2020, City Council directed City Attorney to update Chapter Two of Manual. - NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. Resolution No. 152-01 re: FINANCIAL ASSISTANCE FROM NON-PROFIT GROUPS is hereby amended to denote its new location in Manual to Chapter Four, Section 4.20. 3. Chapter 2.12 is now reserved. 4. This resolution shall become effective and in full force upon final passage. -------- 0000000-------- Page 1 of 2 Pages Resolution Repealing Section 2.12 Resolution No. 152-01 ORIGINAL L 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 NOV 18 2020 , by the following vote: cgipl COUNCILMEMBER, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER NOES: COUNCILMEMBER `� 19 ABSTAIN: COUNCILMEMBER E TN COUNCILMEMBER \Vq. Qi- APPROVED NOV 18 2020 BY KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIArE"NARO City Attor oy z VIRGINIA GLNNARO City Attorney J LIE DRIMAKIS, CMC CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield VG:vlg 5:\COUNCIL\Resos\20-21\2.12AmendResol52-01(3)CouncilPolicies.Reso.docx Page. 2 of 2 Pages Resolution Repealing Section 2.12 Resolution No. 152-01 PROCEDURE (ChapterCITY COUNCIL POLICY AND TABLE OF CONTENTS 5.1 1 Issuance of Alcoholic Beverage Licenses 5.2 1 Asbestos Testing and Mitigation SACOUNCIUPolicies7able Of Contents - 2021-Final.Ch.5.Docx CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 5.1 SUBJECT: ISSUANCE OF ALCOHOLIC BEVERAGE LICENSES SECTION: CHAPTER FIVE POLICY: DELEGATION OF AUTHORITY STATEMENT: Delegates authority to the City Manager to make determinations of public convenience or necessity with respect to the issuance of licenses to sell alcoholic beverages. -BTGT-a Kel kn Agenda Item No./Date 12.d.; March 8. 1995 Approved by City Council Res. No. 49-95 Amended by City Council SACOUNCILToliciesTolicy Statements\5.1.doc RESOLUTION NO. 49.95 A RESOLUTION DELEGATING AUTHORITY TO MAKE DETERMINATIONS OF PUBLIC CONVENIENCE OR NECESSITY WITH RESPECT TO ISSUANCE OF LICENSES TO SELL ALCOHOLIC BEVERAGES. WHEREAS, Assembly Bill No. 2897, Statutes of 1994 amended the Business and Professions Code to include a requirement that with respect to issuance of licenses for alcoholic beverages the local governing body of the area make a determination that public convenience or necessity would be served by the issuance of such permit prior to its issuance by the Alcoholic Beverage Control Board; and WHEREAS, City staff and the Board of Zoning Adjustment are already involved in the process of reviewing businesses involved in the sale of alcoholic beverages; and WHEREAS, the processing of such reviews would be more efficient, better coordinated and less bureaucratic by placing that responsibility on the City Manager or his designee. NOW, THEREFORE, BE IT RESOLVED that the City Manager or his designee is hereby authorized to make the determination specified in Section 23958.4b(2) of the Business and Professions Code on behalf of the City Council. This determination shall be made subsequent to notification of the council member within whose ward the business is to be located. ---------- 000 ---------- ORIGINAL I HEREBY CERTIFY that the foregoing adopted by the Council of tYRC y meeting thereof held on Resolution was passed and Bakersfield at a regular y, by the following vote: AYES; COUNCILMEMBER 08"D, CAWON, SMITH, MCDERM017, ROWLES, CHOW, SALVAGGIO NOES: COUNCILMEMBER Atom ABSTAIN: COUNCILMEMBER _ 1Lct� ABSENT: COUNCILMEMBER dw,AL . ASSiStant CITY CLERK and EX OFF IO of the Council of the City o Bakersfield APPROVED MAR 08 r Y BOB P MAYOR of the City of Bakersfield APPROVED AS TO FORM: JUDY K. SKOUSEN City Attorney By: �- URA C. MARINO Assistant City Attorney LCM/meg MEG/RES 95-VALCOHOLABC July 3, 1995 - 2 - OIk �aRiGi;anL c CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 5.2 SUBJECT: ASBESTOS TESTING AND MITIGATION SECTION: CHAPTER FIVE POLICY: IDENTIFICATION & REMOVAL OF ASBESTOS HAZARDS STATEMENT: Amendment No. 1 to Resolution No. 150-89 establishing a policy for the identification and removal of asbestos hazards and directs City Manager to implement this policy. Agenda Item No./Date 8.f.; March 17, 2021 Approved by City Council Res. No. 150-890) Amended by City Council March 17, 2021 Prior Resolutions Res. No. 150-89 SACOUNCIL\Policies\Policy Statements\5.2.doc RESOLUTION NO. 150-890) AMENDMENT NO. 1 TO RESOLUTION NO. 150-89 ESTABLISHING A POLICY CONCERNING ASBESTOS TESTING AND MITIGATION (COUNCIL POLICY 5.2). WHEREAS, the Council of the City of Bakersfield adopted Resolution No. 58- 96 thereby adopting a City Council Policy and Procedural Manual ("Manual" herein); and WHEREAS, Manual serves as a guideline to govern the actions, conduct and business of the City of Bakersfield and its City Council; and WHEREAS, certain policies and procedures of Manual have become antiquated and require either clarification, updating, or repeal; and WHEREAS, City Council directed City Attorney to update Chapter Five of Manual. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. Resolution No. 150-89 re: ASBESTOS TESTING AND MITIGATION is hereby updated and amended to read as follows: (1) The following policy is hereby established by the City of Bakersfield concerning the identification and removal of asbestos hazards; a) All City facilities will be evaluated on an ongoing basis. b) Testing sites will be prioritized according to criteria regarding the risk to employees, and/or sites scheduled for construction or remodel. c) Based on test results, a site specific mitigation plan will be formulated. d) Mitigation measures will be undertaken based upon risk to employees and the public. (2) The City Manager for the City of Bakersfield is directed to implement this policy. �6AKF,p Page 1 of 2 Pages �m Resolution Amending Section 5.2 Resolution No. 150-89 Q ORIGINAL 3. This Resolution shall become effective and in full force upon final passage. ------- o o 0 0 0 o o------ . 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 MAR 17 2021 , by the following vote: YES: COUNCILM NOES: COUNCILM ABSTAIN: COUNCILM ABSENT: COUNCILM APPROVED MAR 172021 ✓ ✓ ✓ ✓ ✓ ✓ ✓ kS,.GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER UU, lbvvkt� J LIE DRIMAKIS, CMC CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield By—V44im 4—*0-1 KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA fNNARO City ZAfteyRv..,, Cta,� City Attorney VG:ag S:\COUNCIL\Resos\20.21\COUNCIL POLICY & PROCEDURE MANUAL\5.2AmendReso150-89CouncilPolicies.Reso.doac Page 2 of 2 Pages a4 b �- Resolution Amending Section 5.2 Resolution No. 150-89 r �� h r v COUNCILCITY PROCEDURE TABLE OF CONTENTS (Chapter SIX) 6.1 Right -of -Way Certifications 6.2 Street Name Change Policy 6.3 Speed Control on Public Streets 6.4 Reserved 6.5 Seventh Standard Road Development Standards 6.6 Reserved 6.7 Electronic Zone Map 6.8 Taft Highway (SR 119) Development Standards 6.9 Complete Streets S:\COUNCIL\Policies\Table Of Contents - 2021-Final.Ch. 6.Docx CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 6.1 SUBJECT: RIGHT-OF-WAY CERTIFICATIONS SECTION: CHAPTER SIX POLICY: EXECUTION OF RIGHT-OF-WAY CERTIFICATIONS STATEMENT: Authorizes Public Works Director to execute right-of-way certification on federal aid projects (Reso. No. 112-78) and state aid projects (Reso. No. 231-05). ADOPTION: Agenda Item No./Date Not Available; October 25. 1978 12.1. October 12, 2006 Approved by City Council Res. No. 112-78 Res. No. 231-05 Amended by City Council SACOUNCIUPolicies\Policy Statements16.1.doc • RESOLUTION NO.'' 112-78 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE RIGHT-OF-WAY CERTIFICATIONS. WHEREAS, Right -of -Way Certification is necessary on certain Federal -aid projects that require construction easements or utility adjustments; and WHEREAS, Right -of -Way Certification is the City's and State's assurance statement to'agencies of the Federal Government that the City has acquired all of the right-of-way necessary for a Federal -aid project in accordance with applicable Federal regulations; and WHEREAS, the City Council may adopt a resolution giving the Public Works Director authority to execute Right -of -Way Certifi- cation without further Council action. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: That the Public Works Director of the City of Bakersfield is authorized to execute Right -of -Way Certifications on Federal -aid projects. ---------- 000---------- 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 the 25th day of October, 1978, by the follow- ing vote; AYES- COUNCILMEN BARTON, eHetSTel"M, MEDDERS, RATTY, ROGERS, SCEALES, STRONG NOES: COUNCILMEN: ABSENT: COUNCILMEN• ABSTAINING COUNCILMEN; , 4aa2" APPROVED,;&hi,s, 25th 7 < of fhd C*t.'y- APPROVED as to.torm: CITY/rLERK and _9� Offtcio Clerk of the Council of the ity of Bakersfield October, 1978 ATTORNEY of the6City o rst ie RESOLUTION NO. 2 3 1- 0 5 RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR OR HIS DESIGNEE TO EXECUTE RIGHT-OF- WAY CERTIFICATIONS. WHEREAS, certain regulations of the State of California, Department of Transportation, require Right -of -Way Certifications which assure that a local public agency has or will have possession of required rights -of -way; and WHEREAS, a Right -of -Way Certification is required for certain types of projects, including, but not limited to, all local street and road projects that will be advertised by the State or that only have State funding, as well as projects that are Federally funded in either the right-of-way or construction phase; and, WHEREAS, State regulations provide that as an alternative to submission of a resolution by the governing body of the local agency on a project by project basis, a local agency may adopt a resolution granting, among others, the Public Works Director blanket authority to issue Right -of -Way Certifications. NOW, THEREFORE, BE 1T RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals and findings are true and correct and are incorporated herein by reference. 2. The Public Works Director of the City of Bakersfield, or his designee, is hereby authorized to execute all Right -of -Way Certifications required by the State of California, Department of Transportation. ----- ------ 000------------- 'U�gAKc��,-r Fl r ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and b the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: YES COUNCILMEMBER: COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULUVAN. SCRIVNER NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: AQ$ENT:COUNCILMEMBER: CITY CLERK and Ex Officio Cie f the Council of the City of Bakersfield APPROVED OCT 12 2005 BY HARVEY L. HALL Mayor APPROVED as to form: VIRGINIA GENNARO City Attorney By: &gat% 2n. � ROBERT M. SHERFfft Deputy City Attorney RMSAII S:\000N0IL\Resos\05-06 ResosV W.Right-of-WayCeris.DOC � rn 2 co p ORIGINAL CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 6.2 SUBJECT: STREET NAME CHANGE POLICY SECTION: CHAPTER SIX POLICY: ESTABLISHES RULES FOR STREET NAME CHANGES STATEMENT: Amendment No. 1 to Resolution No. 242-04 concerning the changing of street names. Agenda Item No./Date 8.h.; September 1, 2021 Approved by City Council Res. No. 242-040) Amended by City Council September 1, 2021 Prior Resolutions Res. No. 242-04 SACOUNCIUPolicies\Policy Statements\6.2.doc RESOLUTION NO. 242- 040) AMENDMENT NO. 1 TO RESOLUTION NO. 242-04 AMENDING RESOLUTION 198-89 CONCERNING THE CHANGING OF STREET NAMES (COUNCIL POLICY 6.2). WHEREAS, the Council of the City of Bakersfield adopted Resolution No. 58- 96 thereby adopting a City Council Policy and Procedural Manual ("Manual" herein); and WHEREAS, Manual serves as a guideline to govern the actions, conduct and business of the City of Bakersfield and its City Council; and WHEREAS, certain policies and procedures of Manual have become antiquated and require either clarification, updating, or repeal; and WHEREAS, City Council directed City Attorney to update Chapter Six of Manual. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. Resolution No. 242-04 re: STREET NAME CHANGES is hereby updated and amended to read as follows: (1) Street name changes may be proposed by the Planning Director, pursuant to the director's responsibility to maintain the City's address system, in consultation with the Public Works Director, Police Chief, and Fire Chief to correct mistakes, to accomplish a more efficient emergency response program, or to comply with any federal, state or local law, rule or regulation. (2) For purposes of considering street name changes, the following categories shall determine which general policy will be applied. Category 1: Changes for streets to be named after individuals, service organizations or other humanitarian entities for which federal Page 1 of 4 Pages Resolution Amending Section 6.2 Resolution No. 242-04 or state holidays are observed. Category 2: Changes for streets to be named after individuals who have been deceased no less than five years or service organizations or other humanitarian entities which have been out of existence for no less than five years and whose lives or services have been exemplary and brought honor and recognition to the City. Category 3: Changes for streets to be named after individuals who are living or service organizations or other entities which are still in service and whose lives or services are exemplary and have brought honor and recognition to the city. (3) Applications to rename streets after accident victims, corporate names, or slogans will not be accepted for consideration. A. GENERAL POLICIES 1) Approval Agency a. Planning Commission is the approval agency for street name changes. Decisions are final at the planning commission and are appealable to the City Council subject to the requirements of Sections 17.64.139 of the Bakersfield Municipal Code. b. Panning Commission action will be taken at an advanced public hearing. 2) Application requirements a. Category 1 requests shall be by application on forms supplied by the City. A petition in support of the application is not required. b. Category 2 requests shall be by application on forms supplied by the City. The application shall include a petition signed by owners of 51 % of the businesses of commercial or industrially Page 2 of 4 Pages Resolution Amending Section 6.2 Resolution No. 242-04 zoned property or by owners of more than 51 % of the property of residentially zoned property or property on streets containing a mixture of residential and any other zone. C. Category 3 requests shall be by application on forms supplied by the City accompanied with a filing fee. The application shall include a petition signed by owners of 75% of the businesses of commercially or industrially zoned property or owners of 75% of the properties of residentially zoned property or property on streets containing a mixture of residential and any other zone. d. The petition requirement and inclusion by one of the three categories qualify the application for acceptance and processing for public hearing before the Planning Commission. Approval or denial of the application will be based on the supporting evidence submitted by the applicant, staff analysis of the request and public hearing testimony. (4) Responsibility for cost of application, appeal of decision and sign replacement: a. Category l name change requests will be borne by the City. b. Category 2 and 3 name changes request must be borne by the applicant. c. Appeal of the decision under any category must be borne by the appellant. d. The application fee shall be set by the City Council. Such fees will be reviewed with the annual evaluation of the cost recovery program. e. The cost of replacing street signs will be borne by the applicant. (5) Appeals may be filed by the applicant or owners of property whose addresses would be changed or any person aggrieved. Page 3 of 4 Pages Resolution Amending Section 6.2 Resolution No. 242-04 3. This Resolution shall become effective and in full force upon final passage. -------- 0000000-------- 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 SEP 01 2021 , by the following vote: YE NOES: ABSTAIN: ABSENT: COUNCILMEMBER, ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER COUNGILMEMBER N—yyy_ COUNCILMEMBER_ 6mnf- COUNCILMEMBER All DRIMAKISAMC CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield APPROVED SEP 0 12021 Aft 01 By Id. ��er. KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA/GENNARO City Att rney By VkIRGINIA 6ENNARO City Attorney VG:ag 5:\COUNCIL\Resos\21-22\COUNCIL POLICY & PROCEDURE MANUAL - PARTII\6.2AmendReso242.04CouncliPolicies.Reso,docx Page 4 of 4 Pages Resolution Amending Section 6.2 Resolution No. 242-04 CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 6.3 SUBJECT: SPEED CONTROL ON PUBLIC STREETS SECTION: CHAPTER SIX POLICY: USE OF ROAD UNDULATIONS (SPEED BUMPS) STATEMENT: A Resolution relative to the use of road undulations for traffic speed control on public streets. ADOPTION: Agenda Item No./Date 8.e.; May 21, 1997 Approved by City Council Res. No. 80-97 Amended by City Council SACOUNCILToliciesTolicy Statements\6.3.doc RESOLUTION NO. A POLICY RESOLUTION OF THE CITY OF BAKERSFIELD RELATIVE TO THE USE OF ROAD UNDULATIONS FOR TRAFFIC SPEED CONTROL ON PUBLIC STREETS WHEREAS, it is necessary and appropriate that road undulations be installed in a uniform and safe manner; and WHEREAS, both the Urban Development Committee and the City Council have previously discussed the issue and determined the following policy meets the needs of the City. NOW, THEREFORE, BE IT RESOLVED as follows: 1. PURPOSE POSE The purpose of this policy is to set forth the process and criteria by which the installation of road undulations may be recommended to the City Council and to identify the conditions which they may be installed on public streets. For purposes of this policy the term "public street" shall not include alleys, whether public or private. The use of road undulations is not intended as solution for all traffic and speed control problems. It will be the City's policy to carefully review each request for the installation of a road undulation to ensure that the proposed location and attending circumstances meet all the criteria outlined in this policy. ' 3. POLICY A. The initiation of requests for Speed Hump installations shall be in accordance with the following: 1. All requests shall originate from the residents of the street. 2. City Engineer shall determine the approximate location of the proposed speed undulation(s) and the affected area required for petition circulation. 3. All requests shall be in the form of a formal petition (forms will be supplied by the Public Works Department). 4. All petitions shall be circulated by the residents themselves. The sponsor of the petition shall circulate the petition to all residences. 5. A separate petition shall be used for each street. 6. Each petition supporting the installation of undulations shall contain the signatures of residents representing at least 75% of the residences as previously determined by the City Engineer. 7. Completed petitions shall be returned to: City Engineer, City of Bakersfield, 1501 Truxtun Avenue, Bakersfield, Ca. 93301 8. A petition supporting the installation of undulations must be submitted containing signatures of residents desiring the installation of road undulations on the subject street. B. Road Undulations shall only be installed in conformance with design guidelines that have been established by the City Engineer. C. Since road undulations are still experimental roadway features, additions, alterations, or removals of any or all road undulations by the City may occur at any time. 2 D. Prior to the installation of road undulations, the City Engineer will notify the Fire Department, the Police Department and ambulance services of each installation. E. If, after undulations are installed, residents wish to have the undulations removed, each petition requesting removal of the undulations shall contain the signature of residents representing at least 51 % of the residences that face directly on the street segment where undulations have been placed and located within 75 feet of the curb on the street and will include all residences that access the street segment. A separate petition shall be provided for each segment. The petition for removal will be presented to the City Engineer for his consideration. 4. WARRANTS The installation of road undulations on public streets will not be considered unless all of the following conditions are met over the entire proposed street segment as determined by the City Engineer: A. The average daily traffic volume shall be more than 500 but less than 2500 through vehicles per day. B. The street shall have a posted speed limit of 25 mph or be unposted with a prima facia limit of 25 mph. C. More than two-thirds (66.7%) of the surveyed motorists must exceed the posted or prima facia speed limit or the 85 h percentile must exceed the posted or prima facia speed limit by 10 mph. D. The street shall not be over 44 feet wide. E. The street shall have no more than 2 through traffic lanes. The curb adjacent to the road undulation locations must be of the raised six or eight inch standard barrier curb type and not roll-over curb. 3 " F. The street shall have good vertical sight distance, pavement surface quality horizontal sight distance, drainage and street lighting. It must be tree of unusual features which might affect the operation of road undulations. G. The street shall be residential or local street meeting the following definitions as stated in the California Vehicle Code: "A residential street is defined as a road having 13 or more buildings on one side of the road or 16 or more buildings on both sides of the road, within a distance of 114 mile. Buildings must be located with 75 feet of the roadway curb face and they must face and access the street. The street must be at least 300 feet in length and not exceed a total of one mile.- H. To avoid approach speeds of greater than 40 mph, the location of the first proposed road undulation shall be such that the approach speed in advance of the first undulation can be effectively controlled via a physical design feature such as a curve or controlled intersection. 1. Installation of a road undulation will not be permitted where substantial diversion of traffic to other local street will occur as determined by the City Engineer. J. Road Undulations shall not be considered for streets that serve as bus routes or are commonly used by emergency vehicles as an access corridor. K. Road Undulations shall not be installed on a street where they would cause an aggregate 30 seconds delay in Fire Department response time or if they cause the response to exceed six minutes. M L. Street Lighting must exist on the street blocks where undulations are proposed to be installed. 5. PROCEDURES A. After a petition is received, the City Engineer will 1. Verify that each petition contains the requisite number of signatures by calculating the total number of residents that are entitled to sign the petition and ensure that the 75% criterion has been met. 2. Obtain necessary traffic data. 3. Verify compliance with all warrants. 4. All requests for road undulations that meet all policies and warrants will be given to the City Engineer. The City Engineer will review all relevant issues and then make recommendations as to which streets should receive road undulations. 5. The City Engineer will make recommendations to the City Council for approval of installing road undulations on a particular street. 6. Staff will field locate the approved road undulations for the installation. 6. INSTALLATION A. Construction 1. The City shall procure an annual contract for speed undulation installation. 2. All undulations shall be constructed in accordance with City adopted standards. 5 3. The undulations shall be installed across the entire roadway to the lip of the gutter with the last one foot tapered flush with the pavement to minimize gutter running and to preserve gutter flows. 4. Prior to construction, the sponsoring group shall deposit to the City the dollar amount required per the annual contract or, obtain a private Contractor to install all required speed undulations. 5. A private contractor shall obtain an "Open Street" permit prior to beginning construction. B. Warning Devices 1. A standard Caltrans W37 30" warning sign stating "Bumps' with 5 inch series E letters should be installed at least 100 feet from the undulation. 2. Speed advisory signs stating 10 mph should be installed below the "Bumps" warning signs. 3. Signs and markings shall be installed with undulation construction. 4. 8-foot high "Bump" legends should be painted in white at approximately 50 to 100 feet in advance of road each undulation. These legends should remain for up to one year after installation of the undulation after which time the legend may be removed. 5. One foot wide longitudinal ladder markings should be painted on each undulation at 6 feet on center. 6. Double yellow centerline may be provided in the vicinity of the undulation where determined by the City Engineer. 0 r �'jD'4t,ft r-- C. Placement of Undulations Road Undulations should be placed according to the following guidelines: 1. Undulations should be placed from 200 to 300 feet away from intersections, stop signs or sharp curves so that drivers are unlikely to approach them at high speed. This ensures that sufficient driver reaction time is provided. 2. Undulations should be spaced from 200 to 400 feet apart. 3. The final positioning of the undulations should take into consideration the following which should be field verified prior to installation: a. All undulations shall not be located over manholes or within 30 feet of hydrants. b. Undulations should be located downstream of storm drains. C. Undulations should be located on property lines when possible. d. Undulations should be 10 feet away from driveways. e. Vertical curves and grades should be evaluated with respect to advance visibility of undulations. Typically, all undulations should be placed at least 200 feet away from sharp horizontal curves and be readily visible from at least 200 feet if placed near vehicle curves. f. Undulations should not be placed on horizontal curves of less than 300 feet radius. 4. Undulations should not be placed on streets with grades greater than 10% or in a location that is not clearly visible for at least 200 feet. 7 r- r.a 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 MAY 21 1997 , by the following vote: AYES- COUNCIIMEMBER MOND, CARSON, Ste, MCDERMOTT, ROwLES, SULL1VAN,1AkW*W NOES: COUNCILMEMSER ABSTAIN: COUNCIl.MEMBER NMI COUNMMEMBER MAY 8 1 1997 1"' BOB Oct Mayor of the City of Bakersfield APPROVED as to form JUDY K. SKOUSEN City Attorney :PMC S:\couNat utES0LUTN$\SPDBL .P0L April 8, 1997 1258PM CITY CLERK and Ex Officio Clej,6f the Council of the City of Bakersfield I. CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 6.5 SUBJECT: SEVENTH STANDARD ROAD DEVELOPMENT STANDARDS SECTION: CHAPTER SIX POLICY: ESTABLISHMENT OF DEVELOPMENT STANDARDS FOR SEVENTH STANDARD ROAD STATEMENT: A Resolution adopting a policy establishing standards for development of Seventh Standard Road. Agenda Item No./Date 12.k.; June 6, 2007 Approved by City Council Res. No. 112-07 Amended by City Council SACOUNCIL\Policies\Policy Statements\6.5.doc POLICY RESOLUTION NO. If 2- ® 7 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADOPTING A POLICY ESTABLISHING STANDARDS FOR THE DEVELOPMENT OF SEVENTH STANDARD ROAD RECITALS WHEREAS, Seventh Standard Road from Sante Fe Way to State Route 99 is an entranceway into both the City of Bakersfield and the City of Shafter; and WHEREAS, Seventh Standard Road is an important component of the Circulation Elements of the City of Bakersfield, the City of Shafter, and County of Kern; and WHEREAS, the City of Bakersfield, the City of Shafter, and the County of Kern desire to have a consistent and aesthetically pleasing entranceway; and WHEREAS, the City of Bakersfield and the City of Shafter will be adopting similar standards for Seventh Standard Road for use within their respective jurisdictions; and WHEREAS, the south half of Seventh Standard Road from one-half mile west of Enos Lane to State Route 99 is within the Sphere of Influence of the City of Bakersfield; and WHEREAS, the north half of Seventh Standard Road from Santa Fe Way to State Route 99 is within the Sphere of Influence of the City of Shafter; and WHEREAS, the standards and policies attached in Exhibit "A" have been developed jointly with the City of Bakersfield, the City of Shafter and the County of Kern; and WHEREAS, the City of Bakersfield desires to adopt said standards and policies as attached in Exhibit "A". NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows: The above recitals are true and correct and are incorporated herein by reference. J' T >' m - Page 1 of 3 Pages - ORIGINA1 2. The Planning Department and the Public Works Department of the City of Bakersfield are authorized to utilize the standards and policies in Exhibit "A" for any and all developments on Seventh Standard Road within the City of Bakersfield's Sphere of Influence. ---------- 000---------- 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 -go _' by the following vote: ✓ ►�" '�" "' lam-' lr YES COUNCIL MEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER NOES: COUNCIL MEMBER TAIN: COUNCIL MEMBER ABSEN : COUNCILMEMBER ,JUN 6 2W HARVEY L. HALL Mayor Y"Jo�:� �54. CITY CLERK and Ex aficio Clerk of the Council of the City of Bakersfield owing Page - Page 2 of 3 Pages - p 'ORIGINAL APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By A!"'I" ROBERT M. SHERFY Deputy City Attorney Exhibit A mps G:\GROUPDAT\RESOLUT112007\Seventh Std Rd Resolution.doc Apri117,2007 - Page 3 of 3 Pages - s �- m r- ` 081GINAL' • BAKER S FIELD CITY COUNCIL POLICY MEMORANDUM DATE: May 24, 2007 SUBJECT: STANDARDS AND POLICIES FOR THE DEVELOPMENT OF SEVENTH STANDARD ROAD Discussion: Seventh Standard Road from Sante Fe Way to State Route 99 is an entranceway into both the City of Bakersfield and the City of Shafter and is an important component of the Circulation Elements of the City of Bakersfield, the City of Shafter, and County of Kern. These agencies all desire to have a consistent and aesthetically pleasing entranceway and have agreed to adopt uniform policies and standards for Seventh Standard Road for use within their respective jurisdictions. The standards and policies referenced herein have been jointly developed by the City of Bakersfield, the City of Shafter and the County of Kern. The south half of Seventh Standard Road from one-half mile west of Enos Lane to State Route 99 is within the Sphere of Influence of the City of Bakersfield. Therefor, these standards and policies shall apply to all developments in this area with frontage on the south side of Seventh Standard Road. Standards and Policy: 1. Basic Design Standard: Seventh Standard Road shall be constructed as a 126 foot wide, 6-lane Expressway with a 30 foot landscaped parkway behind the standard sidewalks as shown on the attached cross-section. Expanded full access signalized intersections will be permitted at minimum half mile spacing. No other intermediate street access will be permitted. Access to commercial property from Seventh Standard Road is permitted only with the construction of a fourth auxiliary access lane along the commercial area with right in and right out only, to and from Seventh Standard Road, as shown on the attached cross- section. G:IGROUPDA'1IRESOLUTR200Mth std rd policy Exhibit A.doc XgAKF� EXHIBIT A>_ m Page Iofjv o ORIGINAL 2. Roads Intersecting 7th Standard Road. All roads intersecting 7th Standard Road between Santa Fe Way and State Route 99 shall conform to the following: a. All intersecting roads shall be consistent with the Metropolitan Bakersfield General Plan, Circulation Element. b. All north -south roads intersecting 7th Standard Road shall provide the maximum number of lanes through the intersection and shall continue the maximum lane configuration for a minimum distance of 1000 feet beyond the intersection. As an example, an arterial road (6 lanes) shall have all six lanes continue through the intersection and continue beyond 7th Standard Road for a minimum distance of 1000 feet before reducing the number of lanes. c. All roads intersecting 7th Standard shall be designed to established City of Bakersfield standards including lane configurations, lane widths, median islands, sidewalk, crosswalks, etc. d. The following roads shall line up at their intersections with 7th Standard Road: I. Quail Creek Road. COS has the option to extend this road to the north provided all lanes align with Quail Creek Road to the south. ii. Verdugo Road. The small offset shall be split equally between COS and COB. iii. Jewetta Avenue. iv. Zerker Road. v. Rudd Road. COB shall conform lanes to that of COS. vi. Zachary Road. COB shall conform lanes to that of COS. e. The following roads shall terminate at Seventh Standard Road and shall not extend to the north: i. Coffee Road ii. Renfro Road 3. Construction: Construction of 7th Standard Road shall, as much as practicable, be accomplished full width by either one of two ways: a. the phasing of improvements by adjacent developers which will include additional lanes to be constructed, and reimbursed by the agency through their respective Traffic Impact Fee programs; or b. by the use of a Major Bridge Thoroughfare District. NOTE. Road B is the one road in the City of Shafter that has not been fully resolved. The City of Shafter will speak with the developer in an effort to shift the road to a point that will line up with Allen Road. In addition, the COB will contact the property owner to the south to see if Allen Road could be shifted to the east. GAGROUPDAnRESOLUTR200"Wth std rd policy Exhibit A.doc o��AKF9 EXHIBIT &- rn Page 2of-V,- ORIGINAL (E) ('W __=====0 WAY -:=-=-____- 2z (46� FlAW LIME TO FLOW LIK ). 7' L DNA SCAPE I It' landscape landscape easement CONCEPTUAL TYPICAL ROAD SECTION AND J6. I..ANDSCAPE IMPROVEMENTS FOR 7 th STANDARD RO 0CITYa,,, MM. G) A Z v�3��sa 7TH STANDARD ROAD o. GMERAL NOMM 1. jor stgg,:C:= W= be owabuaW %two shaon ew t of the City of SAwWadd Cwwd Pkin. ztc i ?X ®r IMAMWAM 7TH STANDARD ROAD W-AUXUARY LANE c n NOTE: THE USE OF THE AUXILIARY LANE IS RESTRICTED TO COMMERCIAL 0 r— ZONES. DRIVEWAY LOCATIONS WILL BE LIMITED AND WILL BE ALLOWED > c/) ONLY AT THE ;u z DISCRETION OF THE CITY ENGINEER. ACCESS WILL > BE LIMITED TO RIGHT —IN, RIGHT —OUT. NO LEFT —IN m Z OR LEFT —OUT WILL BE ALLOWED. SHARED DRIVEWAYS x ARE ENCOURAGED. o ;u m > x cn U) > z m lax, IE i. itictor $!:g== be emebucted he of the My of Bakrsthtld owwm plan. CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 6.7 SUBJECT: ELECTRONIC ZONE MAP SECTION: CHAPTER SIX POLICY: CREATION AND MAINTENANCE OF AN ELECTRONIC ZONE MAP STATEMENT: Resolution authorizing the creation and maintenance of an electronic zone map as the off•;cial zoning map for the City of Bakersfield. ADOPTION: Agenda Item No./Date 8.c.; October 20, 2021 Approved by City Council Res. No. 192-2021 Repealed Resolution Res. No. 209-02 & Amendments SACOUNCIL\Policies\Policy Statements\6.7.doc 92-2p2119 RESOLUTION NO. RESOLUTION REPEALING AND REPLACING RESOLUTION NO.209-02 AND ITS AMENDMENTS (COUNCIL POLICY 6.7). WHEREAS, the Council of the City of Bakersfield adopted Resolution No. 58- 96 thereby adopting a City Council Policy and Procedural Manual ("Manual" herein); and WHEREAS, Manual serves as a guideline to govern the actions, conduct and business of the City of Bakersfield and its City Council; and WHEREAS, certain policies and procedures of Manual have become antiquated and require either clarification, updating, or repeal; and WHEREAS, City Council directed City Attorney to update Chapter Six of Manual; and WHEREAS, during final review of said chapter, it was noted that Resolution No. 209-02 references Resolution No. 031-02, which has since been repealed; and WHEREAS, Resolution No. 209-02 and its amendments thereto need to be repealed in order to avoid any confusion. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. Resolution No. 209-02 and its amendments re: CREATION AND MAINTENANCE OF AN ELECTRONIC ZONING MAP is hereby repealed and replaced to read as follows: 1. All the foregoing recitals are true and correct. 2. Effective January 1, 2003, the City of Bakersfield will create and maintain an electronic zone map of the City of Bakersfield in accordance with the attached Exhibit "A". 3. This resolution shall become effective and in full force upon final passage. -------- 0000000---- ---- okSAKF9 s� Page 1 of 2 Pages = r- Resolution Repealing and Replacing Section 6.7 Resolution No. 209-02 90RIG NAL? 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: V ✓ AYES: COUNCILMEMBER. ARIAS, GZA O�NLES, WEIR, ,, SMITH, FREEMAN, ACT', PARLIER NOES: COUNCILMEMBER A COUNCILMEMBER SENT• COUNCILMEMBER OCT 202021 APPROVED • APPROVE AS TO FORM: VIRGINI ENNARO City Att ney C City Attorney J LIE DRIMAKIS, MMC CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield VG:ag S:\COUNCIL\Resos\21-22\COUNCIL POLICY & PROCEDURE MANUAL - PARTII\6.7poAcy.RepectandReplaceReso2O9-02.docx Page 2 of 2 Pages Resolution Repealing and Replacing Section 6.7 Resolution No. 209-02 O� 0AK�9cP F m 'ORIGINAL' EXHIBIT A CREATING AND MAINTAINING AN ELECTRONIC ZONING MAP AS THE OFFICIAL ZONING MAP FOR THE CITY OF BAKERSFIELD Back r� ound: Currently the official zoning maps for the City of Bakersfield are a book of 175 hand drawn maps. Maintaining these maps is labor intensive and does not allow prompt updates as zone changes are approved throughout the year. The Planning Department wishes to convert these official zone maps to an electronic version. Benefits: The benefits of electronic zone maps include greater accuracy, flexibility in displaying information, greater efficiency and less redundancy. Additionally, a computer generated zone map could be used on-line with other geographic data currently in the system for analysis and custom mapping projects. Implementation: Using the existing hand drawn maps and zone case files, an electronic "official" zone map would be created. An on -site version would be placed on the computer network in a directory explicitly designated for that purpose. An off -site version would be burned to a compact disc to be stored in conformance with existing City policy. In addition, a "working" zone map will be created which will display zone changes as they are approved. This "working" zone map will be placed on the City's computer and made available to the public via the internet. Update Process: The "official" zoning map would be updated annually and backed up on appropriate media. The "working" zoning map will be updated after City Council approves a zone change and will show accurate up-to-date zone information. 5:\COUNCIL\Resos\21-22\COUNCIL POLICY & PROCEDURE MANUAL - PARTII\6.7 - UpdatedExhkdocx kQ�9, m vORlG1NA�� CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 6.8 SUBJECT: TAFT HIGHWAY (SR 119) DEVELOPMENT STANDARDS SECTION: CHAPTER SIX POLICY: ESTABLISHMENT OF DEVELOPMENT STANDARDS FOR TAFT HIGHWAY (SR 119) STATEMENT: A Resolution establishing standards for the development of Taft Highway (SR 119). Agenda Item No./Date 8.i.; June 27, 2012 Approved by City Council Res. No. 063-12 Amended by City Council SACOUNCILTolicies\Policy Statements\6.8.doc POLICY RESOLUTION NO. 0 6 3 — 12 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADOPTING A POLICY ESTABLISHING STANDARDS FOR THE DEVELOPMENT OF TAFT HIGHWAY (SR 119) RECITALS WHEREAS, Taft Highway (SR 119) from Interstate 5 to State Route 99 is an entranceway into the City of Bakersfield; and WHEREAS, Taft Highway (SR 119) is an important component of the Circulation Elements of the City of Bakersfield and County of Kern; and WHEREAS, the City of Bakersfield and the County of Kern desire to have a consistent and aesthetically pleasing entranceway; and WHEREAS, the City of Bakersfield and the County of Kern will be adopting similar standards for Taft Highway (SR 119) for use within their respective jurisdictions; and WHEREAS, the standards and policies attached in Exhibit "A" have been developed jointly with the City of Bakersfield and the County of Kern; and WHEREAS, the City of Bakersfield desires to adopt said standards and policies as attached in Exhibit "A". 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. The Planning Department and the Public Works Department of the City of Bakersfield are authorized to utilize the standards and policies in Exhibit "A" for any and all developments on Taft Highway (SR 119) within the City of Bakersfield's Sphere of Influence. ---------- 000---------- F� i? - Page 1 of 2 Pages 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 JUN 2 7 2n12 by the following vote; �X COUNCILMEMBER SALAS, BENHAM, WEIR, CO CU H, HANSON, SULLIVAN, JOHNSON NOES: COUNCILMEMBER !tom il%k ABSTAIN: COUNCILMEMBER rl ABSENT: COUNCILMEMBER hm"Q 4 ROBERTA GAFFORD, C CITY CLERK and Ex Officlo Clerk of the Council of the City of Bakersfield APPROVED: JUN 2 7 2012 APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By a"— —j— ANDREW HEGLU D Associate City Attorney Exhibit "A" mps S:\PROJECTS\Taff Highway\Taff Highway Resolution.doc - Page 2 of 2 Pages - CITY COUNCIL POLICY MEMORANDUM DATE: June 12, 2012 SUBJECT: STANDARDS AND POLICIES FOR THE DEVELOPMENT OF TAFT HIGHWAY (SR 119) Discussion: Taff Highway (SR 119) from Interstate 5 to State Route 99 is a significant entranceway into the City of Bakersfield and is an important component of the Circulation Elements of the City of Bakersfield and County of Kern. These agencies desire to have a consistent and aesthetically pleasing entranceway and have agreed to adopt uniform policies and standards for Taff Highway (SR 119) for use within their respective jurisdictions. The standards and policies referenced herein have been jointly developed by the City of Bakersfield and the County of Kern. All of Taff Highway (SR 119) from Interstate 5 to State Route 99 is within the Sphere of Influence of the City of Bakersfield. Therefore, these standards and policies shall apply to all developments in this area with frontage on Taff Highway (SR 119). Standards and Policy: 1, Encroachment Permit: An encroachment permit must be obtained from CalTrans prior to any work being done in the State Route 119 right-of- way. 2. Basic Design Standard: Taff Highway (SR 119) shall be constructed as a 117'-3" wide, 6-lane Expressway with a 30 foot landscaped parkway behind the back of curb as shown on the attached cross-section. Expanded full access signalized intersections will be permitted at minimum half mile spacing. No other intermediate street access will be EXHtl T A SAPROJECTSiTaft HighwaylTaft Highway Resolution Exhibit A2nd revised.doox Page'�of 3 permitted. Access to commercial property from Taff Highway (SR 119) is permitted only with the construction of a fourth auxiliary access lane along the commercial area with right in and right out only, to and from Taft Highway (SR 119), as shown on the attached cross-section. On -street parking along SR 119 shall be prohibited. The eight -foot outside shoulder will be provided for a bike lane if SR 119 is a designated bike route. A CalTrans standard bus bay at the far side of all major intersections should be provided if SR 119 will be designated as a bus transit route. 3. Landscaging: a. Any landscaping proposed within or adjacent to the State Route will need to be reviewed and approved by the CalTrans District Landscape Architect. All proposed landscaping plans shall meet current CalTrans standards as determined by the District Landscape Architect, All features of landscaping • shall be evaluated for type, location and site visibility conflicts during the encroachment permit review process. b. Any landscaping in the median or in the parkway will be maintained by the City of Bakersfield through a Maintenance District or by the County of Kern through a County Service Area, depending upon the jurisdiction. 4. Roads Intersecting Taff Highway (SR 119): All roads intersecting Taft Highway (SR 119) from Interstate 5 to State Route 99 shall conform to the following: a. All intersecting roads shall be consistent with the Metropolitan Bakersfield General Plan, Circulation Element. b. All roads intersecting Taft Highway (SR 119) within the City of Bakersfield's jurisdiction shall be designed to established City of Bakersfield standards including lane configurations, lane widths, median islands, sidewalks, crosswalks, etc. c. All roads intersecting Taft Highway (SR 119) within the County of Kern's jurisdiction shall be designed to established County of Kern standards including lane configurations, lane widths, median islands, sidewalks, crosswalks, etc. 5. Construction: Construction of Taft Highway (SR 119) shall, as much as practicable, be accomplished full half -width (centerline to right-of-way) by either one of two ways a. As adjacent development occurs. if the improvement constructed by adjacent developers includes additional lanes EXHikR A SAPROJECTSUaft Highway%Taft Highway Resolution Exhibit A 2nd revised.docx Page �f 3 ORIGINAL that are listed on the Transportation Impact Fee Facilities List, then the developer may receive credits against their Transportation impact Fees from the agencies through their respective Traffic Impact Fee programs; or b. By the use of a Bridge and Major Thoroughfare District. 6. Maintenance: a. CalTrans is responsible for the maintenance of all improvements within the 117'-3" right-of-way for State Route 119, excluding landscaping in the median. b. The City of Bakersfield is responsible for the maintenance of all improvements within the 30 foot landscaped parkway and any median within the city limits of the City of Bakersfield. c. The County of Kern is responsible for the maintenance of all improvements within the 30 foot landscaped parkway and any median within the unincorporated area. d. The City and the County shall each enter into an agreement with CalTrans for the installation, maintenance, modification and/or other improvements of signs located behind the curb so that the State needn't obtain separate permits to enter into the City or County easement at any time there is a need to install, maintain or modify CalTrans signs and signals. S:\PROJECTSITaft HighwaylTaft Highway Resolution Exhibit A 2nd revised.docx r, EXHIOrr A Page 36f, 3 A KT, "101 ME 1. Akjx strut sydm shah be embixted Wm Shm on wa&kn dement of the Cd Idd &vwd PAxL Cj y of M*arsr ,Sd FXEMAME- Taft Hwy Std Taft Hwy Standard Section 6 Lane Expressway 11Z25' Right of Way Cm mom I PUBUC WMS 12' �. T Y ra -i) Oown 70.625' 12 29 r dl!11E 1. lfapr stet! slstms MW be cmInxted Wm shag► on the ciad n Amart of the my of A*ffs*m Genera Pam. 1X 9' WV11 & 7Qti25' 11 12' . A 12' A NARY 2X (2W AND W70-1 LAMPE trLSE, OT 7.5" 2S P1906ME Taft Hwy Std SWUM WO Ouxi Taft Hwy Ulm .2-'5-' Standard Section atm ew 6 Lane Expressway °M. SHA with auxiliary lanes HT.s ,vnmvm i 41.25' Ri h t of War no. CITY OF BAKEFEFI LD CALi-OfM XX CTY Di01 m PUBUC WORKS DEPARTMENT_ 64..625' to R 62.625' to R 30' 1 1 30' 65625' to R 7, 625' to R I LS E&11T. i i !S fS1IT. 64' to F1 62' to R LS ESAIT. i 75• i i LS ES1tT. 75• 65' to 73' to R 7.5• 75• 22' 12' 1T 13' 1 13` 17' 12' 20' i 22' 112' 11T I7' V 12' 12' I 12' ( 12' 120' ' 1 SECnaM► �4' mcnav •A" bl4IE 1. Actud kft-turn storage /eapth to be determined by an 4watbW anai}six 4. the 17' inside lane pmWn 12' for travakd way and 5' shouldei ° be satisfied (605' for 55 h). 2A curb return radius of 50' is to be used where the kcd road is a truck routs 6 Comer sight c6stance shah 6. Length of approach toper is shown for design speed of 55 mph. 3 Me 22' outside kne promdes 12' for trawW way and 10' shoddar •C• -- - J ------ _ ------- ---- ----------- I AUNT ------------------------ RIW z R ^ ii— — — _T BUS BAY — 35' RAD It — — X-1 it — — — — — -- a It — _ — _ — it — — — — — — ar R ----- __ �UIIDSCAAEEASfiiENT —i�5 RAD— _� --------- --------------------- _ .�. M. APPMal TAPER BAY TAPiR FILENAME ?aft Hwy Empunded kltueectbn.dw+ Taft Hwy ��12 ��'�wA"' 30' M625' to R 56625' to R 30' .,Standard Section sw58' fS1lT. to fL r17 58' to ft 75• i ti Lane Expressway M. sHpw5• scAu 20' 12' 17' 9'19' 17' I 12' I 20' � i E�xpan/�d�ed Intersection "'T � „a AFPRDVM �.t� i � OF BAKERSFELD rJ I C X X C�7 � SECA(W •C• do PueUC WORKS DEPARTMENT CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 6.9 SUBJECT: COMPLETE STREETS SECTION: CHAPTER SIX POLICY: ADOPTION OF POLICY REGARDING "COMPLETE STREETS" STATEMENT: The City of Bakersfield desires to create a safe and efficient transportation system that promotes the health and mobility of all citizens and visitors by incorporating high quality transportation facilities for motorists, bicyclists, pedestrians, and transit access to all destinations throughout the City. ADOPTION: Agenda Item No./Date 8.e.; April 17, 2013 Approved by City Council Res. No. 036-13 Amended by City Council SACOUNCIL\Policies\Policy Statements\6.9.doc POLICY RESOLUTION NO. 0353 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADOPTING A POLICY REGARDING "COMPLETE STREETS" RECITALS Whereas, the City of Bakersfield desires to create a safe and efficient transportation system that promotes the health and mobility of all citizens and visitors by Incorporating high quality transportation facilities for motorists, bicyclists, pedestrians, and transit access to all destinations throughout the city; and Whereas, the City of Bakersfield also understands that children, seniors and persons with disabilities will require special accommodations; and Whereas, the City of Bakersfield addresses the safety and mobility of all citizens and visitors In all projects, regardless of funding source, and Whereas, "Complete Streets" is defined as transportation facilities that are planned, designed, operated, and maintained to provide safe mobility for all users, including motorists, bicyclists, pedestrians, and transit riders appropriate to the function and context of the facility, and Whereas, the City of Bakersfield will apply this "Complete Streets" policy to all roadway projects including those involving new construction, reconstruction, retrofits, repaving, rehabilitation or changes in the allocation of the pavement space on an existing roadway as well as those that involve new privately built roads and easements intended for public use; and Whereas, the City of Bakersfield will also require large new developments to provide interconnected street networks in conformance with the "Complete Streets" policy; and ORIGINAL A Whereas, the City of Bakersfield has compiled and attached documents that support the "Complete Streets" concept as shown in existing codes, policies and standards currently in use within the Circulation Element, Chapter III of the Metropolitan Bakersfield General Plan (Exhibit A), the Administrative Policy Memorandum regarding Design standards for Multi -purpose Trails (Exhibit B) and Adopted Metropolitan Bakersfield Trials Map (Exhibit C); Whereas, the City of Bakersfield also desires to be in conformance with the CaiTrans Deputy Directive DD-64-RI (Exhibit D); and Whereas, every City Department responsible for the planning and development of transportation facilities including, but not limited to, Administration, Public Works, Community Development, Recreation and Parks, and TRIP will follow this policy, 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. All departments of the City of Bakersfield are hereby directed give equal consideration to bicyclists, pedestrians, transit riders and motorists for any and all projects within the City's Sphere of Influence. 3. All departments of the City of Bakersfield are also to include the codes, policies and standards compiled and presented in the following Exhibits for any and all projects within the City's Sphere of Influence. a. Exhibit "A" - the Circulation Element of the Metropolitan Bakersfield General Plan b. Exhibit "B" - Administrative Policy re: Multi -Purpose Trails c. Exhibit "C" - Adopted Metropolitan Bakersfield Trails Map d. Exhibit "D" - CalTrans Deputy Directive DD-64-R1 ♦i• o�OAKFq � s .� n 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 APR 17 2013 by the following vote: �/ yr �/ ,/ ✓ AYES: COUNCILMEMBER: , MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: O" ABSENT: COUNCILMEMBER: Y1fYha , ROBERTA GAFFORlt, PMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: APR 17 2013 APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By " 0 ANDREW HEGLU D Associate City Attorney Exhibit "A" - the Circulation Element of the Metropolitan Bakersfield General Plan Exhibit "B" - Administrative Policy re: Multi -Purpose Trails Exhibit "C" - Adopted Metropolitan Bakersfield Trails Map Exhibit "D" - CaiTrans Deputy Directive DD-64-Rl mps GAGROUPDATWorlan\Complete Streets\Resolution\Policy Resolution Re Complete Streets (version4).docx s v o ORIGINAL Exhibit "A" Circulation Element of the Metropolitan Bakersfield General Plan ORIGINAL CHAPTER III - CIRCULATION ELEMENT Government Code Section 6=2(b) requires a circulation element in all city and county general plans, as follows: A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals and factli ies, all correlated with the land use element of the plan. As discussed in the State Office of Planning and Research `General Plan Guidelines (1998),' the circulation element Is an inirastrudure plan addressing the circulation of people, goods, and ub'lity systems. The circulation element must directly coureh to with the land use element. Mandatory circulation issues are: major thoroughfares, transportation cartes, terminals and other local public utilities and facilities. This circulation element corftt the following: 0 Identification and analysis of circulation needs and Issues; 0 A statement of goals ' objectives and policies based on the total circulation needs of the community, diagram, _ • or other graphic WFAWOWiltafinni+ • • the proposed circulation system; 0 A description of the proposed circulation system and Me inten ,.. •systemparts; 0 Standards and criteria for the location, design, operation and levels of service of circulation facilities, and A guide to the implementation of the circulation System. Several travel modes compise the Bakersfield Ub system. Persons travel by autos, bums, trains, • G1 bicycles _ Y on foot. Freight 7 ' tW^• • Y modes Mud:". truh..F. trains, and airplam. Other facilities Include canals to move water and p1pegnes and power lines to transport energy. • +'•. •tom. �... _ �. • _ 1 .. _ 1IT M _ •' _ A•. •.• _ _ _ ♦ III 1 0� v6AKp Cl c ORIGINAL R III - CHAPTER III - CIRCULATION ELEMENT A. STREETS OVERVIEW OF EXISTING CONDITIONS The street system has been, and will continue to be, the most important element of the transportation system. Streets have been developed in a grid pattern with arterials spaced at one -mile intervals, except in the central area where spacing is closer. Typically, collector streets are spaced at half -mile intervals between arterials, also in a grid pattern. Motorists use these collectors for through travel to some extent, avoiding parallel arterials. In some cases, collectors in newer areas are aligned in irregular patterns to discourage through traffic. Discontinuity and disruption of the grid system can and has overburdened portions of the system. Overlaid on the basic network of arterials and collectors is a limited freeway system. Route 99, with four to six travel lanes, is the only existing north -south freeway. As the major Central Valley connector in California, Route 99 carries large numbers of through vehicles in addition to local Bakersfield traffic. Route 58 is an east -west freeway linking Route 99 with cities east of Bakersfield. It carries much less traffic than Route 99. The other freeways in the metro area are the portion of Route 204 between Route 99 and Route 58 and the portion of Route 178 between M Street and Fairfax Road. Because of its location in a highly traveled corridor, Route 178 carries large traffic volumes despite its lack of continuity. The City of Bakersfield, Kern County, and Caltrans all count daily traffic volume on a regular basis. Figure 111-1 shows recent selected counts on the freeways and arterials. The City of Bakersfield counts are from 2000, and the Kem County and Caitrans counts are from 1999. Traffic volume on most streets in the metro area is relatively light, although some segments become busy at times. Streets with relatively heavy volume (greater than 30,000 vehicles per day) include the following: Freeway 99, California to S.R. 178 Freeway 58, from 99 to Union Avenue Highway 178, from 99 to M Street California Avenue, from Real Road to 99 Rosedale Highway, from Fruitvale Avenue to 99 Ming Avenue, from Stine Road to Castro Lane S. Union Avenue, from Brundage Lane to 58 Olive Drive, Knudson to Freeway 99 Freeway 99, Ming Avenue to White Lane Freeway 178, M Street to Union Avenue AADT (Annual Average Daily Traffic) 109,000 72,000 41,500 35,000 41,000 37,000 38,500 32,600 86,000 58,000 III-2 o� �6 AKF9� r m v � CITY a4,MF lk �.� � •o•ooMo.^. 111-3 D (7130c" Lualm 4 = Day Vo4anaa fn lhousanda Afnvwaws " A/ o11i Motroponton Sai raaNd Woto: DNy Tr. ft Vokn"" 8~ on Ws cu bit roproaae m daft pad by the Cft of tafp�egNW Deft wewt avaialdri i for all �OadM�f aeVvnmb vAUdn Movopodtsn Balura�tMld- FIGURE 111-1 In general, the existing street system operates smoothly. Points of congestion appear, however, as a result of two phenomena. The city is increasing in population and geagraphicai area, thereby plying greater demands on the street system. Secondly, Physical bafflers have disrupted the grid of arterial streets and the freeway system, leading to &S1continuitJes. Physical bangs include the Kem River, canals, railroad tracks, and (in the case of freeways) established residential neighborhoods. - r • «e ♦ •'t - to • : • • = • • : ✓_ t • :. • t� «• _ rc♦- ♦ • % :•c : •• t • f =• • t s ::t, t _ t • is i • •t • • •wc t 10 roadway capacity The table below shows street capacities, using standaW traft engineering assumptions. 8-tame freeway Vane freeway 4-lane freemy 6-lane arterial 4-lane arterial 4-lane ColleCtor 2-lane collector Based on Highway Capacity Manual,190, Highway Research Board. Congestion occurs on numerous streets where they cross Hwy 99, including Olive Drive, Rosedale Highway, California Avenue, Stcckdaie Highway, Ming Avenue, Plan Read, and White Lane. Freeway interchanges with cxmgesdon or other problems include Golden State199/Airport Drive, 1781ML Vernon, rAVOsweli, 99/Rosedale, 99/Catifomia, NWhite and SMnion Avenue. Other parts of the circulation system where volume is approaching capac* include the following: III-4 CAGlNAI 0 Ci T V pc LEBOID Q isBwaotk,Meaattans s69mm" S,Mst Existing VAC fi#e~ 7hm o.so Booed an APT /v Asa+w"s and Mlghways NMI N o14# MNroPoat- Bak -afield Boundary Lkw ddSUng_ ) TftMC C0Dg6St10n LoCatiOnt 111-5 FIGURE 111 .. m CHAPTER M - 1. Rosedale Highway near Highway 99 2. Highway 178 from Highway 99 to M Street 3. Oak Street from California Avenue to 24th Street 4. Highway 99 between Rosedale Highway and California Avenue 6. Stockdale Highway near Califomia Avenue 6. Ming Avenue from New Stine Road to Valley Plaza 7. California Avenue around Highway 99 S. Real Road between California Avenue and Ming Avenue 9. Coffee Road across the Kem River 10. Roberts Lane Just east of Airport Drive Signalized intersections are the primary constrakft to capacity on the arterials. Figure I11-2 also shows the sixteen busiest intersections in the metro area. The busiest is the Stockdale Highway/Wdomia Avenue intersection, which handles a volume of 63,400 vehicles per day. Other busy intersections are concentrated along Ming Avenue, Oak Street, Chester Avenue, and Union Avenue. Marry of these intersections are congested during peak hours. Others have sufficient tum lanes so that traffic doesnt back up, but cycle lengths are long and most vehicles experience delay. In either case, these intersections represent bottle -necks. ri: _ _ � _. t • - • Y - - • 't�:, • 1♦ •. etc • High and increasing demand in the travel corridors connecting the northeast and the southwest, the northwest and the southwest, and the northwest and the northeast. • Need for more high-speed freeways. • Assesssing the traffic impacts caused by new development. • Congestion on Route 99 and parallel streets. ® Congestion on California Avenue between Stockdale Highway and Oak Street, on Rosedale Highway near Route 99, and on Ming Avenue near Route 99. • Deficient right — of- way widths on many arterials and collectors. III-6 0Af(F, a 4 U rm- ,. CHAPTER III - CIRCULATION ELEMENT - STREETS • Methods to secure funding for the circulation system, including high-speed facilities. • Difference between city and county street standards. • Lack of signal synchronization along arterials. • A proliferation of driveways and traffic signals on arterials. Through traffic in residential neighborhoods. • Unattractive streets which lack adequate landscaping. OVERVIEW OF CIRCULATION PLAN A circulation plan has been devised to avoid the congestion that would result from build -out of the land use plan. Upgrades and extensions are planned for the freeway and arterial street systems as described below. Figure i11-3 shows the ultimate street system for the planning area. Right-of-way should be reserved for the ultimate freeway system, as necessary based on the priorities discussed below. FREEWAYS BAKERSFIELD BELTWAY SYSTEM The foundation for planning the Metropolitan Bakersfield transportation network is the Bakersfield Beltway System. This System of freeways and consists of four major components: 1) Central System, 2) West Beltway, 3) North Beltway, and 4) South Beltway. These facilities may be built in phases, which may initially be constructed as expressways and then upgraded to freeways as future demand requires. The Central System is an element of the Bakersfield Beltway that includes the State Route (SR) 58 Gap Closure and the Centennial Corridor, which consists of the SR 58 Connector, the Westside Parkway and the Interstate 5 Connedor. The SR 58 Gap Closure will widen SR 58 to a six -lane facility between Cottonwood Road and State Route 99. Currently, this four -lane section is located between a six4ane facility east of Cottonwood Road and a six -lane facility at the SR 991SR 58 interchange. As a gap closure, this project has independent utility, and also provides a logical terminus and network continuity for the Central System. p� 16AKF- III-7 ~ f U C ORIGINAL CHAPTER tit - CIRCULATION ELEMENT - STREETS The SR 58 Connector will extend from the western terminus of the SR 58 Gap Closure to the Westside Parkway. The Westside Parkway begins approximately one mile east of SR 99, extends across the Kern River at Truxtun Avenue, and continues along the north side of the Over connecting with Stockdale Highway near Heath Road. The interstate 5 Connector will continue west from the western terminus of the Westside Parkway to Interstate 5 paralleling Stockdale Highway; initially, this section will consist of operational improvements on the existing Stockdale Highway. Together, these three projects constitute the Centennial Corridor. The complete Central System will provide the necessary capacity for east -west travel and relieve congestion on existing SR 58 (Rosedale Highway), SR 99, California Avenue, and other existing east -west routes. It would also provide for regional and interstate east -west goods movement through the metropolitan area. Once this facility is finished, it is anticipated that Caltrans will designate the Central System as SR 58. The West Beltway will provide a major north -south route through the western portion of Metropolitan Bakersfield that connects SR 99 with Interstate 5. This freeway would reduce traffic congestion on SR 99 and provide a link across the Kem River from southwest Bakersfield to the Westside Parkway. The North Beltway will provide another east -west connection in northern Metropolitan Bakersfield. This facility initially would be built as an expressway providing access for the northern Metropolitan Bakersfield area while connecting SR 99 with Interstate 5. As part of the long-range planning vision, the South Beltway will not be needed to meet regional transportation needs until sometime beyond 2050. It will extend around southeast Bakersfield from SR 178 in a southwesterly direction crossing SR 58, then continuing west to Interstate 5 south of SR 119 (Taft Highway). When constructed, the South Beltway will provide an additional east west corridor providing regional and interstate travelers with an alternative to by-pass the Metropolitan Bakersfield area. OTHER FREEWAYS Other future freeway corridors are also shown in conceptual form on the Circulation Plan map. These are general areas where freeways will be needed in the future but need not be constructed by 2020. The corridors are important to show as an aid to right-of-way preservation. If permanent structures could be avoided in these corridors, future freeway construction would be simpler and less expensive. The first corridor is the short segment of Route 204 from Route 58 to "F" Street that presently exists as an arterial street. With continued development of the Central Valley north of Bakersfield, this segment may eventually need to be upgraded to a freeway. The second corridor is the Crosstown Freeway, which would extend from Route 178 near Baker Street, around the south side of downtown Bakersfield, across Route 99 to the Centennial Corridor. This freeway was recommended by the Route 178 Corridor Study, prepared jointly by Kern COG, the City of Bakersfield, and Caltrans. Upgrading existing freeways will also be necessary. These include the widening of Route 178 from Fairfax Road to Alfred Harrell Highway, and widening Route 58 between aAKcc v 9 t'Rf(;IA�n1 CHAPTER III - CIRCULATION ELEMENT - STREETS freeway was recommended by the Route 178 Corridor Study, prepared jointly by Kern COG, the City of Bakersfield, and Caltrans. Upgrading existing freeways will also be necessary. These include the widening of Route 178 from Fairfax Road to Alfred Harrell Highway, and widening Route 58 between Route 99 and Cottonwood Road. These improvements would eliminate areas of spot congestion. ARTERIALS Several new arterials and arterial extensions are planned. Generally, the plan nails for widening of existing substandard arterials to the full 110 feet where possible with six travel lanes (four in unincorporated areas) and the extension of the arterial system into the new growth areas. In some areas., the newly -extended arterials would not need to have all four or six travel lanes constructed. The full right-of-way width should be reserved, however, to allow for future expansion. New arterial crossings of the Kern River are called for at Allen Road, Oak Street, Mohawk Road, and Fairfax Road (to China Grade Loop). Arterials are generally spaced at one -mile intervals on section lines throughout the developed area except where topography or other unique features warrant a different pattern. COLLECTORS In accordance with existing street patterns in Bakersfield, the plan calls for collector streets (four travel lanes in 90 feet of right-of-way) in a grid pattern on mid -section lines. This pattern is deviated from where physical constraints are present, where collectors are not needed, or where existing development precludes the grid pattern of collector streets. The objective of the planned street system is to accommodate planned land development without traffic congestion. All new streets and freeways are projected to operate at Level of Service C or better. On streets where the existing level of service is below "C", special consideration to identify mitigation measures to prevent and/or delay degradation of the existing level of service would be required. The following presents the goals and policies for streets in the planning area. Implementing programs are contained in the following sub -section. At the end of each policy is listed in parenthesis a code beginning with the letter "I" followed by a number. This code refers to the pertinent implementing program. GOALS Provide a safe and efficient street system that links all parts of the area for movement of people and goods. 2. Provide for safe and efficient motorized, non -motorized, and pedestrian traffic movement. III-10 7AK�9 r- rn O "�RIQINAL. CHAPTER III - CIRCULATION ELEMENT - STREETS 3. Minimize the impact of truck traffic on circulation, and on noise sensitive land uses. 4. Provide a street system that creates a positive image of Bakersfield and contributes to residents' quality of life. 5. Provide a system of freeways which maintains adequate travel times in and around the metropolitan area. 6. Provide a local street network that contributes to the quality and safety of residential neighborhoods and commercial districts. 7. Develop and maintain a circulation system that supports the land use plan shown in the general plan. POLICIES Goals will be achieved through the following policies which set more specific directions and guide actions. For ease of implementation, policies have been arranged with respect to circulation topics they influence. Those which cannot be categorized by specific topic have been placed in a "General" category. 1. Classify streets in the following manner (1-1): Freeways provide service to through traffic exclusively with no access to abutting property and no at -grade intersections. Expressways are arterial highways with at least partial control of access which may or may not be divided or have grade separations at intersections and may be an interim facility for an ultimate freeway. Arterials are used primarily by through traffic, with a minimal function to provide access to abutting property. Collectors function to connect local streets with arterials and to provide access to abutting property. Locals are exclusively for property access and through traffic is discouraged. 2. Establish the following standards for the street system (1-2): UPI I a ►- r U r C ORIGINAL CHAPTER III CIRCULATION ELEMENT - STREETS FACILITY TYPE LANES RIGHT -OF- WAY WIDTH PAVEMENT WIDTH CURB PARKING Freeway/Expressway 210' - 300' minimum * No Arterials on State Highway 6 110'- 130' 90' plus No Arterial w/blke lanes 6 110, 96, No ** Arterial w/ bike lanes 4 110, 96' Yes Arterial w/o bike lanes 6 110, 90' No ** Arterial w/o bike lanes 4 110, 90' Yes Collector w/ bike lane w/ 2-way left turn 4 90, 74' No Collector w/ bike lane 4 90` 74' Yes Collector w/o bike lane w/ 2-way left turn 4 90, 68' No Collector w/o bike lane 4 90, 68' Yes LOCAL STREET Com merclaYi ndustrial 2 so, 44' •** LOCAL STREET Residential Collector **** 2 60' 44' Yes LOCAL STREET Residential 2 60' 40' Yes Precise geometries will be established through specific engineering studies. ** In incorporated areas, no parking 1 development. In unincorporated areas, the traffic engineer. r allowed along arterials within new no parking zones will be determined by *** No parking zones will be determined by the traffic engineer. **** This local residential collector standard applies to local street where vehicular traffic is expected to exceed 750 vehicles per day or where its length exceeds one-half mile. 3. Provide additional right-of-way and pavement width to accommodate turn lanes at intersections (1-2). 4. Provide additional right-of-way and pavement width at other locations for turn lanes, bus lanes, etc., as needed, based on engineering study (1-3). III-12 ca � 0MINAL CHAPTER III - CIRCULATION ELEMENT - STREETS 5. Place traffic signals to minimize vehicular delay (1-6). 6. Design and locate site access driveways to minimize traffic disruption where possible considering items such as topography, past parcelization and other factors (1-7). 7. Minimize direct and uncontrolled property access from arterials (1-8). 8. Limit full access median breaks on arterials to a maximum of three per mile and include left -turn lanes at each (1-10,1-11). 9. Consider the construction of grade separations for intersections unable to meet minimum level of service standards (1-11). 10. Design local streets to conform to topography. Allow for deviation from "grid" system on local streets when they do not interfere with other traffic policies and traffic flows (1-34). 11. Design local collector street systems to minimize through traffic movements and include short block lengths to discourage excessive speeds (1-34). IMAGE 12. Maintain the integrity of the circulation system (1-12). 13. Continue designation and signage of specific streets as official truck routes, within incorporated areas (1-13). 14. Provide continuous truck routes within incorporated areas that provide access to designated industrial areas (1-13). 15. Prohibit trucks from non -truck routes within incorporated areas except as necessary for direct property access for pick-up and delivery (1-13). 16. Require that truck access to commercial and industrial properties be designed to minimize impacts on adjacent residential parcels (I-14). 17. Require buildings expected to be serviced by delivery trucks to provide off-street facilities for access and parking (1-14). 18. Provide and maintain landscaping on both sides and in the median of arterial streets within incorporated areas. In unincorporated areas, landscaping within road right-of-way may be allowed and shall be limited to low shrubs; blank irrigation conduit only will be provided within the median of arterial streets (1-15). III-13 0� OAKFq� 0 ORIGINAL CHAPTER III - CIRCULATION ELEMENT - STREETS 19. Provide and maintain landscaping on both sides of collector streets. In unincorporated areas, landscaping within road right-of-way may be allowed and shall be limited to low shrubs (1-16). 20. Prohibit parking on new arterials in incorporated areas. In unincorporated areas, prohibit parking when traffic studies warrant elimination. Allow parking on collectors and on residential streets (1-17). 21. Route traffic around, rather than through, pedestrian -oriented areas (I- 18). 22. Design transportation improvements to minimize noise impacts on adjacent uses (1-19). FREEWAYS 23. Provide freeways in a manner similar to that shown on the Circulation Plan Map. Actual alignments to be determined by specific corridor studies (1-20). 24. Identify route alignments and right-of-way needs (1-21). 25. Identify interchange locations and preliminary designs (1-5, 1-21). 26. Preserve freeway and interchange rights -of -way consistent with corridor study alignments and specifications (1-22). 27. Work with Caltrans to have the freeways constructed (1-23). 28. If no specific line has been adopted, future road reservations or other accommodations may be required to preserve freeway/expressway alignments as shown on the circulation map (1-21, 1-22). 29. Upon the adoption of a specific plan line for a freeway/expressway alignment, developers will be required to make reservations of right-of- way preserving the alignment on any subdivision map. In addition, development restrictions on general plan amendments, zone changes and the issuance of building permits will also be required (1-24). 30. The need for a north/south freeway/expressway and an east -west freeway (178) are conceptually shown on the circulation map. Alternative alignments are under study and upon completion of corridor studies the actual alignment will be adopted and dedications or reservations of right-- of-way may be required (1-22,1-24). 111-14 0�ea�F9� r � b ORIGINAL CHAPTER Ili - CIRCULATION ELEMENT STREETS EG NERAL 31. Where existing street right-of-way is greater than necessary for desired purposes, dispose of surplus right-of-way in a manner consistent with state and local laws (1-4). 32. Reserve or acquire right-of-way for all future transportation facilities in conformance with the Circulation Plan Map (1-24). 33. Provide new transportation facilities as needed based on existing usage and future demand (1-25, 1-26, 1-27). 34. Minimize the impacts of land use development on the circulation system. Review all development plans, rezoning applications, and proposed general plan amendments with respect to their impact on the transportation system, and require revisions as necessary (1-26). 35. Require new development and expansion of existing development in incorporated areas to fully provide for on -site transportation facilities including streets, curbs, traffic control devices, etc. Within unincorporated areas street improvements will be determined by County Ordinance (1-27, 1-29). 36. Prevent streets and intersections from degrading below Level of Service "C" where possible due to physical constraints (as defined in a Level of Service Standard) or when the existing Level of Service is below "C" prevent where possible further degradation due to new development or expansion of existing development with a three part mitigation program: adjacent right-of-way dedication, access Improvements and/or an area - wide impact fee. The area -wide impact fee would be used where the physical changes for mitigation are not possible due to existing development and/or the mitigation measure is part of a larger project, such as freeways, which will be built at a later date (1-28, 1-29). 37. Require new development and expansion of existing development to pay for necessary access improvements, such as street extensions, widenings, turn lanes, signals, etc., as identified in the transportation impact report as may be required for a project (1-30, 1-31,1-32). 36. Exempt the downtown Bakersfield redevelopment area and small infiil projects from the Level of Service Standard to facilitate infill projects and downtown redevelopment and in recognition of the higher traffic levels inherent to a vital central core (1-31). 39. Require new development and expansion of existing development to pay or participate in its pro rata share of the costs of expansions in area -wide transportation facilities and services which it necessitates (1-32, 1-33). CHAPTER Ill. CIRCULATION ELEMENT - STREETS 40. Provide new local street systems that are logical and comprehensible and systems of street names and addresses that are simple, consistent, and understandable (1-34,1-35). 41. Plan alignments for local streets to permit economical and practical patterns, shapes, and sizes of development parcels (1-34). IMPLEMENTATION The following are programs to be carried out by the City of Bakersfield and County of Kern to implement the goals and policies of the Circulation Element affecting streets. This listing is not to limit the scope of implementation of this plan. Federal, state and area wide agencies will also be involved. State law requires that planning agencies recommend various methods of implementation of the general plan as part of their on- going duties. 1. Periodic review and if needed, revision of adopted ordinances establishing a street classification system for the city and county in conformance with the Circulation Element. 2. Revise city and county street standards as necessary to conform with standards set forth under the Circulation Element. Endorse, adopt or incorporate as appropriate standards from special studies, such as the westside corridor study for design of freeways, highways and expressways. 3. Evaluate need for additional right-of-way at certain locations at time of establishment of plan lines and/or street design through an engineering study. Consult with local transit authority to determine need for bus lanes. 4. Evaluate and respond to requests for removal of public streets in conjunction with development proposals. 5. Continue use of current Caltrans manuals as the basic standard for engineering design. 6. Continue use of interconnection and progressive timing when installing new signals. Periodically examine operation of existing signals for possible improvement. 7. Review all site plans for compliance with adopted drive approach design standards. 8. Review site plans, rezonings, and subdivision requests, with respect to access from arterials. Consider conditions of approval to minimize uncontrolled property access. III-16 o�6AKfi9J U � ORIGINAL CHAPTER III - CIRCULATION ELEMENT - STREETS 9. Periodic review and if needed, revision of adopted city and county subdivision ordinances to control access on arterials. 10. Periodic review and if needed, revision of adopted standard for median breaks and apply during the development review process. 11. Monitor traffic volumes and establish specific plan lines and preliminary designs as need becomes apparent. Conform to design standards for median breaks on major arterial streets and work with Separation of Grade District to establish list of grade separation projects. 12. Continue the pavement monitoring system in the planning area for preventive maintenance, resurfacing, and reconstruction. 13. Revise the city's existing truck route ordinance, as needed. 14. Amend the city and county zoning ordinances as needed to regulate truck access on properties adjacent to residential areas. 15. Amend city and county zoning ordinances as needed to require new development to landscape and maintain arterial street frontage. Within incorporated areas, program median landscaping in Capital Improvement Program and maintenance in annual City Community Services Department budget. Adhere to adopted minimum landscaping standards. 16. Amend city and county zoning ordinances as needed to require new development to landscape and maintain street frontages. Establish minimum landscaping standards, which encourage the use of trees and flowers, lighting, street furniture, art signage and flags. Promote use of surface materials that enrich paving options on streets, sidewalks and curbing. 17. Maintain city and county street standards to conform with parking requirements set forth in the Circulation Element. Remove parking from existing arterials, and major collectors when traffic studies indicate removal is warranted to improve safety or increase capacity. 18. Consider pedestrian sensitive areas when planning circulation systems. 19. Assess potential noise impacts in street design, and to the extent feasible, route streets to minimize impacts. 20. Construct designated freeways as warranted by travel demand. Seek alternative funding sources, in addition to traditional funding methods. 21. Participate in city and county route alignment, travel demand studies, and interchange studies in conjunction with Caltrans and Kern COG. III-17 0� gAKF99 U C ORIGINAL CHAPTER Ili - CIRCULATION ELEMENT - STREETS 22. Establish specific plan lines for all freeway alignments and keep the rights -of -way clear of structures. Work with Caltrans to have the routes officially adopted. 23. Seek and utilize funding for freeway right-of-way acquisition and construction. Work with developers and land owners for right-of-way acquisition dedication. 24. Delineate and adopt specific plan lines for all streets shown on the Circulation Plan Map as need becomes apparent. 25. Maintain records of existing traffic volume and cumulative projections of traffic from new development to schedule projects for the Capital Improvement Program. 26. Establish guidelines for project design review based on traffic engineering standards (e.g., driveway design, on -site circulation) and the Level of Service Ordinance (see below). 27. Require development to provide all on -site transportation facilities as determined by city ordinance. in unincorporated areas, improvements for all streets will be determined by county ordinance. 28. Periodic review and if needed, revision of adopted ordinances that includes a Level of Service standard for the city and county to include a definition of Level of Service "C", procedures for how it is measured, and mitigation measures to keep from exceeding the standard. 29. Periodic review and, if needed, revision of adopted guidelines for preparation of transportation impact reports, definition of undesirable impacts, and identification of mitigation procedures. 30. Implement adopted requirements for access improvements. 31. Periodic review and, if needed, revision of adopted ordinances that establish a minimum size standard for projects under the Level of Service standard. Also, include the downtown redevelopment project area boundaries for certain exemptions in the ordinance. 32. Implement city and county subdivision ordinances for development to pay for or do street widenings. in cases where fees are paid but widening is not yet necessary, the fees should be held in a separate account dedi- cated to future widening of the specific street in question. In those cases developer may be allowed to construct facilities in lieu of paying fees. 33. Periodic review and, if needed, revision of adopted Transportation Impact Fee Ordinance for the city and county, which specifies the area wide impact fee schedule and how the fees will be used. III-18 0A OAK& U ORIGl1 CHAPTER III - CIRCULATION ELEMENT - STREETS oxanaffilam 34. Periodic review and, if needed, revision of adopted city and county subdivision ordinances to maintain standards for comprehensible street systems and street names. 35. Periodic review and, if needed, improvement of improve the planning area's house numbering system. III.19 U 4 CHAPTER U1- The following presents the goals and policies for transit in the planning area. Implementing programs are contained in the following sub -section. At the end of each policy is listed in parenthesis a code beginning with the letter °I' followed by a number. This code refers to the pertinent implementing program. r 1. Provide planning area residents with a choice of travel modes. 2. Provide a street system and land development policies that support public transportation. 3. Provide cost effective public transportation services. 4. Reduce traffic congestion and paddng requirements and improve air quality through improved transportation services. 5. Enhance rail seance capacities and usage in the planning area. Goals will be achieved through the following policies which set more specific directions and guide actions. 1. Consider transit service issues in the design of the arterial and collector street system (1-1). 2. Consider for bus turnouts along artery and collectors where appropriate (1-1). 3. Consider transit service issues in the site plan review process (E 2). 4. Coordinate with GET and Kem Transit to locate bus stops as close as possible to the facilities they serve (1-3). S. Work with GET and Kem Transit to provide scheduled public transit to - serve metro area residents (1-3). 6. Work with the Consolidated Transportation Seance Agency (CTSA) to provide social services transportation to metro area residents 0-4). 7. Encourage the development of a muifi-modal public transportation terminal (1-5). M O�,bAK, �q t-- m U r'^ O $. Encourage businesses and govemment to use flexible or staggered work hours so that travel demand is spread more evenly throughout the day (I 6). 9. Support efforts to promote ridesharing (1-7). 10. Work with AMl'RAK to maintain and improve rail passenger service and facirdies in Bakersfield (1-8). 11 Work to provide grade separations at all arterial/railroad crossings (1-10). 12 Support efforts to develop high-speed rail facilities to service the plan area (1-11). IMPLEM&W A The €olkwAng are programs to be carved out by the City of Bakersfield and County of Kem to implement the goals and policies of the Circulation Element affecting transit. This listing is not to limit the scope of implementation of this plan. State law requires that planning agencies recommend various methods of implementation of the general plan as part of their on -going duties. 1. Continue consultation with_GET and Kern Transit to the design of new arterial and collector streets and in the review of subdivision plans and site plan review for large development projects. 2. Require bus stops as corid'itions of development in compliance with and based upon metro -adopted state -mandated public transit master plans. S. Participate (city and county) in GET route and schedule planning activities. 4. Participate (city and county) with the Consolidated Transportation Services Agency in schedule planning activities. 5. Adopt the conclusions and provisions of the intermodai terminal study, and encourage prompt development of the terminal. 6. Coordinate (city and county) with Kem COG in publicizing the merits of flexible work hours. 7. Work with Kem COG to establish and maintain part- and-rtde lots and to publicize the ridesharing matching service. 8. Participate with Kern COG (city and county) in AMIRAK service and delivery planning. III 21 AKE9� �_ cn r- U p ORIGINAL S. Continue to work with the Railroad Gmde Separation District to establish Priority locations and to bind the necessary fadities. 10. Local agencies should cooperate in studies to pursue the establishment of high-speed rail service for the plan area, including consensus on potential routes and terminal locations. CHAPTER III - C. BIKEWAYS Bicycling accounts for a small proportion of total miles traveled in Bakersfield (less than 2 percent). Nevertheless, the relatively flat terrain and fair weather are conducive to bicycling for transportation to work, recreation, and school. It is estimated that one-third the population utilizes bicycling in one form or another. Kern County developed and adopted a bikeways plan in the mid 197D's following the energy crisis. The plan calied,for bike lames on various streets and exclusive bike paths on canals, along railroad rights -of -way, and along the Kem River. In 1984, Kem COG sponsored a bikeway study for the metro area that called for more on -street bike lanes and fewer paths along canals and railroad rights -of -way. The bike path along the Kern River was retained as a major component of the plan. Part of the planned bikeway system has been implemented. The bike path along the river is constructed between Stockdale Hwy at the Kern River crossing and Gordon's Ferry, and over 30 miles of bike lanes exist aka various streets including Stockdale Highway to Cal State Bakersfield and along part of Coffee Road, Calloway Drive, Ming Avenue, Panorama Drive, Chester Avenue, Old River Road, W-d" Road and White Lane. The exiting Bikeway Master Plan is contained under Figure 111-4. The following issues have been identified: Encouragement to use bicycles necessitates the provision of bike lanes and bike paths. The existing county bikeways plan is outdated in many locations. The following presents the goals and policies for bikeways in the planning area. Implementing programs are contained in the following sub -section. At the end of each policy is listed In parenthesis a code beginning with the letter 21" followed by a number.. This code refers to the pertinent implementing program. 1. Provide a circulation system which recognizes and responds to the needs of bicycle travel. 2. Provide a circulation system that minimizes cyciWmotorist conflicts. M-23 O11� gAKF�s ti rt U Z C ORIGINAL n v.m.wo■ Kw ° fOJ1°O. i KMTLIETER IID 2 SAWHALLM 1 s TAFTHM ■ Tr ■ .u..resr. "a. �•n. EfGtl111TPD R G t. . loon m . s 4 es.ss o offs. ffnssl� : 9 Tm rwae w t:THx.c rt. a aosmo HOUGHTO... O . � MJElM W.TA.IY. r 5HAFTt3i IfD SHAfTEp AD 6SKOT6tItD p IIIMIfiTItYo METROPOLITAN BAKERSFIELD GENERAL PLAN BIKEWAY MASTER PLAN CLASS 1 (BIKE PATH) ®° CLASS 2 (BIKE LANE) °•°•°° CLASS 3 (BIKE ROUTE) ®°— FUTURE BIKEWAY N o 8,000 te,ODO Fwt ADOPTED: KERN COUNTY 12W2 ADOPTED: CITY OF BAKERSFIELD 12111102 UPDATED: 6r"10 ftamY_MmIsc I&n.wA.rt.td 3. Provide a continuous easily -accessible bikeway system within the metro area. 4. Provide mechanisms to ensure the prompt implementation of the bikeway system. POLICIES Goals will be achieved through the following policies which set more specific directions and guide actions. 1. Require bicycle facilities to be designed in accordance with the State Bikeway Design criteria (1-1). 2. Periodically review, and update If needed, street standards to accommodate bicycle lanes where indicated on the Bikeway Master Plan (1-2) 3. Design bridges, over passes, under passes, etc. to be compatible with bicycle travel (1-3). 4. Maintain bicycle facilities so they do not became hazardous (14). S. Consider bicycle safety when Implementing improvements for automobile traffic operations (I-3). . 6. Coordinate the Metro Bakersfield Bikeway Master Plan with the regional bicycle system (1-5). 7. Provide bicycle parking facie at activity centers such as shopping centers, employment sites, and public buildings (1-6). 8. Provide an informationteducration program to encourage use of the system and to promote safe riding (1-7). 9. Require new subdivisions to provide bike lanes on collector and arterial streets in accordance with the Bikeway Master Plan (Figure 111-4), (1-2). 10. Encourage new subdivisions to provide internal bike paths where feasible and where natural features make bile paths desirable (1-2). 11. Construct bike lanes in conjunction with all street improvement projects that coincide with the Bikeway Master Plan (1-3,1-10). M-25 o�gAKF � s v c� ORIGINAL 12. Where feasible, stripe and sign existing streets to include bike lanes as shown on the Bikeway Master Plan (1-3). 13- Give priority to bikeway construction that will link existing sections of the system (1-9). The following are programs to be carried out by the City of Bakersfield and County of Kern to implement the goats and policies of the Circulation Element affecting bikeways. This listing is not to limit the scope of implementation of this plan. Str3te law requires that planning agencies recommend various methods of implementation of the general plan as part of their on -going duties. 1- Update, as needed, the public works design specification sheets to conform with State Bikeway Design Criteria. 2. Revise city and county subdivision ordinances as necessary to incorporate bicycle lane requirements. 3. Review all street design plans, including those of Caftrans and the Greater Bakersfield Separation of Grad District, for compaihiity, with bicycle travel. 4. Include bicycle lanes and pubes paths on public property in the street maintenance program. Require Publicly used bike paths on private property be maintained by a special maintenance district or other entity. 5. Maintain consistency between the policies of the Regional Bicycle Plan and the Metro Bakersfield Bikeway Master Plan. 6. Revise city and county zoning ordinances to address bicycle parking facilities as needed. 7. Produce and distribute to the public a descriptive pamphlet of the existing bikeway system. Ensure that safe riding techniques are taught in the elementary schools. S. Continue inclusion of bike lane striping in the c!Ws and county's annual Capital Improvement Program. 9. Prioritize bikeway linkages when including bikeway projects in the Capital Improvement Program. 10. Seek alternative methods of funding for the bikeways system. M-26 0,� eAKF9(p � n r Z ORIGINAL The city and county both wish to accommodate parking off-street. This is done through the zoning ordinances which specify the number of off-street parking spaces that must be provided by new development. Different types of development must provide different numbers of spaces based on their expected parking demand. The goal of the ordinances is to ensure that all cars can be accommodated in off-street parking areas or facilities. Downtown Bakersfield is the one area that departs from the pattern of specific parking lots associated with each development. Many buildings in the downtown area rely on off -site parking, The city owns and operates several parking tots and one parking structure serving downtown businesses. Private parking structures and lots also exist in the downtown. Due to the existence of the city lots and the greater incidence of walking trips, downtown parking requirements in the zoning ordinance are reduced by 30% to 50%. The following parking issues have been identified: Periodic review, and update if needed, of parking requirements to address changing parking needs for different types of land uses to ensure sufficient parking Is provided. The city and county parking requirements are often not in agreement. The following presents the goals and policies for parking in the planning area. Implementing programs are contained in the following sub -section. At the end of each policy is listed in parenthesis a code beginning with ft tatter •k° followed by a number. This code refers to the pertinent implementing program. 1. Provide an efficient parking system to respond to the needs of motorists. 2. Ssftfy parking requirements in all new developments (residential, commercial, industrial, etc.) through off-street facilities. 3. Preserve and enhance residential neighborhoods through parking policy. pF e A/(F9 M-27 V r t� C CHAPTER IiI - POLICIES Goals will be achieved through the following policies which set more specific directions and guide actions. 1. Periodic review and, if needed, revision of adopted minimum parking requirements based on parking demand (1-1). 2. Periodic review and, if needed, revision of adopted stall and alsle widths that are convenient and efficient 0-2). S. Ensure that adequate on -site parking supply and parking lot circulation is provided on all site plans in accordance with the adopted parking standards (1-3). 4. Discourage the intrusion of non -neighborhood parking in residential areas (1-4). 5. Remove abandoned vehicles promptly from city streets (1-6). 6. Regulate parking of vehicle, boats, trailers, etc. on city streets (1-6). 7. Identify off -site parking needs in activity enters and outline procedures to finance and provide the facMdes (1-7)(1-10). 8. Give top priority to satisfying short-term parking needs, i.e., less than or equal to three hours, and second priority to long-term parking needs (1-8). 9. Locate short-term parking to be convenient to the businesses served (1-8). 10. Locate long-term parking on peripheral lands, accessible to arterial streets (1-8). 11. Discourage parking between the sidewalk and buildings in pedestrian sensitive areas (1-9). The following are programs to be carried out by the City of Bakersfield and County of Kern to implement the goals and policies of the Circulation Element affecting parking. This listing is not to limit the scope of implementation of this plan. State law requires that planning agencies recommend various methods of Implementation of the general plan as part of their on -going duties. 1. Research parking demand rates and establish a scheduie of requirements in the city and county zoning ordinances such that too little or too much parking is avoided. Periodically update the requirements. ORIGINAL CHAPTER 111- 2. Research vehicle sizes and mix to establish parking layout and dimension standards to be incorporated into city and county zoning ordinances and periodically update. I Review all site plans for conformance with acted parking standards. 4. Monitor citizen complaints regarding parking; conduct studies as needed, and institute control measures if necessary. 5. Tag vehicles parked longer than permitted and contract with towing companies to remove them under the provisions of kxW ordinances. 6. Develop and adopt a parking ordinance as needed for the planning area specifying where curb parking Is allowed and disallowed and de%ing the vehicles, etc. to which the ordnance applies. 7. Develop area -specific parking plans for general plan designated activity centers. R-';a, I- 9. Amend the city and county Zoning ordinances to address parift in pedestdan sensitive areas as needed, and Incorporate into parkim plans . such 10. Provide free and accessible peMng in the downtown area ftDuG2 strategically placed large parking *uctures, qm 24 hours to provki overlapping uses; island parking; perimeter parking.. M-29 o�gAKF9 m m f r- 0 Cr Two airports lie within the metro area. Meadows Feld, the largest and busiest, is a county facility serving passenger and cargo needs. It handles commercial airlines and general aviation. Meadows Field comprises 1,400 acres, with the passenger terminal located on Airport Drive north of Norris Road. Bakersfield Municipal Airpark is a general aviation airport owned by the City of Bakersfield. It is located on Union Avenue north of Planz Road and comprises 93 acres. Both airports have adopted master plans which call for runway expansion and improvements. In addition, Meadows Fte d plans to construct a new passenger terminal northwest of b exerting location. The two airports will retain their current functions. Bakersfield Airpark will be a general aviation airport, and Meadows Field will be the com. mercial air carver airport for Kern County. AIRPORT ISSUES The following airport issues have been Identified: Land use types that are incompatible with airport noise are presently located within the impact zones at Meadows Field and Bakersfield Municipal Airpark • Meadows Feld needs good regional access via freeways and arterials. BAN, D PQLiC= The folloowing presents the goals and policies for airports in the planning area. Implementing programs are contained in the following sin. At the end of each policy is listed in parenthesis a code beginning with the letter T followed by a number. This code refers to the pertinent implementing program. GOALS 1. Ensure- air passenger and general aviation facilities and services are available to meet citizens' needs. 2. Develop, operate, and maintain Meadows Feld and Bakersfield Municipal Airpark to meet aviation needs in the metro area Goals will be achieved through the following policies which set more specific directions and guide actions. 1. Maintain master plans for Meadows Field and Bakersfield Airpark (1-1). ri t oQ�AK�� v ORKu�t;� r CHAPTER tit CIRCULATION ELEMENT — AIRPORTS 2. Ensure compatibility between the general plan, airport master plans and airport land use compatibirdy plans (1-2). 3. Atiow for the establishment of private airports and heliports/helipads (1-43). 4. Encourage and provide for the orderly development of public use airports within the planning area and prevent the creation of new noise and safety impacts (1-2,1-3,1-4). The following are programs to be carried out by the City of Bakersfield and County of Kem to implement the goals and policies of the Circulates Element affecting airports. This listing is not to limit the scope of implementation of this plan. Sate law requires that planning agencies recommend various methods of implementation of the general plan as part of their on -going duties. Each airport should prepare and periodically update a plan dismaWng future expansion, improvements, and operations. 2. Review airport master plans for conformance with the Airport Land Use Compatibility Plan, General Plan, and amend as necessary to make them compatible. Amend Zoning Ordinances as necessary to implement approach/departure zoning. 3. Require Conditional Use Permits as necessary for the establishment of new airports, heliports and hellpads. 4. Consider the use of aviation easements for discretionary projects to provide for orderly development and as a means of preventing new noise and safety impacts. M-31 o`` 9 A `'� U OR1GINA.i Exhibit "B" Administrative Policy re: Multi -Purpose Trails � BaKF9 o U ORU-,JAIAs© .s .I - 1*1:1111i Recreation and Parks Department Public Works Department Development Services Department - Planning Division Date February 23, 2007 Policy Issue: Design standards for Multi -purpose Trails Discussion: The City of Bakersfield desires to implement a trails system to connect major recreational amenities within metropolitan Bakersfield, such as but not limited to, the Kern River Parkway, northeast Bakersfield open space and trails, and the future Sports Village (near Ashe and Panama).. By establishing a standard for the trail, new developments will be able to incorporate the design Into the development and provide for links to adjacent trails. The City Council adopted a goal encouraging pedestrian friendly thoroughfares in new developments. The Metropolitan Bakersfield General Plan Circulation Element includes the following; Street Goals: 9 Provide a safe and efficient street system that links all parts of the area for movement of people and goods. 2. Provide for safe and efficient motorized, non -motorized, and pedestrian traffic movement. 3. Minimize the impact of truck traffic on circulation, and on noise sensitive land uses. 4. Provide a street system that creates a positive image of Bakersfield and contributes to residents' quality of life. Bikeways Goals: 1. Provide a circulation system which recognizes and responds to the needs of bicycle travel. 2. Provide a circulation system that minimizes cyclist/motoiist conflicts. Decision: When deemed appropriate by the signatories to this memorandum, new developments, as a condition of approval, shall be required to provide a master trails system utilizing a 24- foot wide trail easement as depicted on attached Exhibit "A," unless wider width is required in an adopted Specific Plan. The Planning Director shall determine the type of application process the developer shall follow in obtaining approval of a master trails plan that may also include a master public park plan. Said request Is subject to review and approval by the City Planning Commission and/or City Council, as determined by the Planning Director. The type of application process and format for the master trails (and parks) plan shall be determined by the Planning Director and he/she may use the ibilowing guidelines. Developer /applicant is responsible for all costs. A. If the area to be included in the plan only affects (contains) the property subject to the condition, the trails plan may be processed as an Administrative Review public hearing and approved by the Planning Commission. B. If the area to be included in the plan affects multiple land owners and extends beyond the project applicant's property, the plan maybe processed as a "Specific Plan for Trails and Parks," subject to review and recommendation by the Planning Commission at a public hearing, and public hearing and final determination by the City Council. OI*aK4 f- r 'v c ORIGINAL r n Administrative Policy —Trails February 16, 2007 Page 2 of 2 C. If an area is adjacent to or near an adopted Specific Trails Plan, the plan may be processed as an amendment of the nearby Specific Trails Plan under the process specified in the Specific Trails Plan. The area to be included in the adopted Specific Trails Plan shall meet the trail design criteria included in that Specific Trails Plan. RAUL ROJAS JAMB . MOMUs Public Works Director ( Planning Director V ✓stW S:ITWCTSWdffft08MQ porky TW&dot Q7 oF�AK�9 a ORIGINAL V, -1 G�"� � CFT X Ci7 ✓ J� 318/lOQ7 �� �p 10708.dwp n r 0731�5� Exhibit "C" Adopted Metropolitan Bakersfield Trails Map > m no�rtAl�i TWA" —.Mum v Alrm o V.0 cacm l01`IC.mm�t1[EE STANDARD PAW & TRAIL CROSS-SECTIDN ons NORTHEAST CROSS-SECTION ONLY NIIIrEEiUeieYY Exhibit "D" CalTrans Deputy Directive DD-64-R 1 o``gAKF�� v a Appendix CALTRANS s California Department of Transportation Flex your power! Be energy efficient! Deputy Directive Number: DIM4-111 Refer to Director's Policy: DP-22 Context Sensitive Solutions DP-05 Multimodal Alternatives DP-06 Caltrans Partnerships DP-23-ill Energy Efficiency, Conservation and Climate Change Effective Date: October 2008 Supersedes: DD-64 (03-26-01) TITLE Complete Streets - Integrating the Transportation System POLICY The California Department of Transportation (Department) provides for the needs of travelers of all ages and abilities in all planning, programming, design, construction, *operations, and maintenance activities and products on the State highway system. The Department views all transportation improvements as opportunities to improve safety, access, and mobility for all travelers in California and recognizes bicycle, pedestrian, and transit modes as integral elements of the transportation system. The Department develops integrated multimodal projects in balance with community goals, plans, and values. Addressing the safety and mobility needs of bicyclists, pedestrians, and transit users in all projects, regardless of funding, is implicit in these objectives. Bicycle, pedestrian, and transit travel is facilitated by creating "complete streets" beginning early in system planning and continuing through project delivery and maintenance and operations. Developing a network of "complete streets" requires collaboration among all Department functional units and stakeholders to establish effective partnerships. DEFINITIONSIBACKGRO UND Complete Street — A transportation facility that is planned, designed, operated, and maintained to provide safe mobility for all users, including bicyclists, pedestrians, transit riders, and motorists appropriate -to the function and context of the facility. APPENDIX 0 0-2 Deputy Directive Number DD-64-RI Page 2 The intent of this directive is to ensure that travelers of all ages and abilities can move safely and efficiently along and across a network of "complete streets: ' State and federal laws require the Department and local agencies to promote and facilitate increased bicycling and walking. California Vehicle Code (CVC) (Sections 21200-21212), and Streets and Highways Code (Sections 890 -- 894.2) identify the rights of bicyclists and pedestrians, and establish legislative intent that people of all ages using all types of mobility devices are able to travel on roads. Bicyclists, pedestrians, and noninotorized traffic are permitted on all State facilities, unless prohibited (CVC, section 21960). Therefore, the Department and local agencies have the duty to provide for the safety and mobility needs of all who have legal access to the transportation system. Department manuals and guidance outline statutory requirements, planning policy, and project delivery procedures to facilitate multimodal travel, which includes connectivity to public transit for bicyclists and pedestrians. In many instances, roads designed to Department standards provide basic access for bicycling and walking. This directive does not supersede existing laws. To ensure successful implementation of "complete streets," manuals, guidance, and training will be updated and developed. RESPONSIBILITIES Chief Deputy .Director: • Establishes policy consistent with the Department's objectives to develop a safe and efficient multimodal transportation system for all users. • Ensures management staff is trained to provide for the needs of bicyclists, pedestrians, and transit users. REM Directors Planning and Model ProWM and Project Delivery: • Include bicycle, pedestrian, and transit modes in statewide strategies for safety and mobility, and in system performance measures. • Provide tools and establish processes to identify and address the needs of bicyclists, pedestrians, and transit users early and continuously throughout planning and project development activities. • Ensure districts document decisions regarding bicycle, pedestrian, and transit modes in project initiation and seeping activities. • Ensure Department manuals, guidance, standards, and procedures reflect this directive, and identify and explain the Department's objectives for multimodal travel. • Ensure an Implementation Plan for this directive is developed o`` gAKF9� September2010 r v o ORIGINAL SANTA ROSA BICYCLE AND PEDESTRIAN MASTER PLAN Deputy Directive Number DD-64-RI Page 3 Deputy Director,, Maintenance and Onerations: • Provides tools and establishes processes that ensure regular maintenance and operations activities meet the safety and mobility needs of bicyclists, pedestrians, and transit users in construction and maintenance worts zones, encroachment permit work, and system operations. • Ensures Department manuals, guidance, standards, and procedures reflect this directive and identifies and explains the Department's objectives for multimodal travel. District Directors: • Promote partnerships with local, regional, and State agencies to plan and fund facilities for integrated multimodal travel and to meet the needs of all travelers. • Identify bicycle and pedestrian coordinator(s) to serve as advisor(s) and external liaisons) on issues that involve the district, local agencies, and stakeholders. • Ensure bicycle, pedestrian, and transit needs are identified in district system planning products; addressed during project initiation; and that projects are designed, constructed, operated, and maintained using current standards. • Ensure bicycle, pedestrian, and transit interests are appropriately represented on interdisciplinary planning and project delivery development teams. • Provide documentation to support decisions regarding bicycle, pedestrian, and transit modes in project initiation and scoping activities. nit., District Directors. PlanniniL DcWgn Construction Maintenance, and Qpemtions: • Ensure bicycle, pedestrian, and transit user needs are addressed and deficiencies identified during system and corridor planning, project initiation, scoping, and programming. • Collaborate with local and regional partners to plan, develop, and maintain effective bicycle, pedestrian, and transit networks. • Consult locally adopted bicycle, pedestrian, and transit plans to ensure that State highway system plans are compatible. • Ensure projects are planned, designed, constructed, operated, and maintained consistent with project type and funding program to provide for the safety and mobility needs of all users with legal access to a transportation facility. • Implement current design standards that meet the needs of bicyclists, pedestrians, and transit users in design, construction and maintenance work zones, encroachment permit work, and in system operations. • Provide information to staff, local agencies, and stakeholders on available funding programs addressing bicycle, pedestrian, and transit travel needs. September2010 0 AKF9 v o ORIGINA APPENDIX 0 Deputy Directive Number DD-64-RI Page 4 -Chiefs. Divisions of AMMautics Local Assistance Mass Transportation Rail. Transportation Plamring, Transportation Svstem Inkmation Research and Innovation, and Transportation Prow m_ming: • Ensure incorporation of bicycle, pedestrian, and transit travel elements in all Department transportation plans and studies. • Support interdisciplinary participation within and between districts in the project development process to provide for the needs of all users. • Encourage local agencies to include bicycle, pedestrian, and transit elements in regional and local planning documents, including general plans, transportation plans, and circulation elements. • Promote land uses that encourage bicycle, pedestrian, and transit travel. • Advocate, partner, and collaborate with stakeholders to address the needs of bicycle, pedestrian, and transit travelers in all program areas. • Support the development of new technology to improve safety, mobility, and access for bicyclists, pedestrians, and transit users of all ages and abilities. • Research, develop, and implement multimodal performance measures. • Provide information to staff; local agencies, and stakeholders on available funding programs to address the needs of bicycle, pedestrian, and transit travelers. Chiefs. Divisions of Traffic tlpecations. Maintenance. Environmental Analysis• Desian. Construction. and Protect Management: • Provide guidance on project design, operation, and maintenance of work zones to safely accommodate bicyclists, pedestrians, and transit users. • Ensure the transportation system and facilities are planned, constructed, operated, and maintained consistent with project type and funding program to maximize safety and mobility for all users with legal access. • Promote and incorporate, on an ongoing basis, guidance, procedures, and product reviews that maximize bicycle, pedestrian, and transit safety and mobility. • Support multidisciplinary district participation in the project development process to provide for the needs of all users. EMRIOYM: • Follow and recommend improvements to manuals, guidance, and procedures that maximize safety and mobility for all users in all transportation products and activities. • Promote awareness of bicycle, pedestrian, and transit needs to develop an integrated, multimodal transportation system. • Maximize bicycle, pedestrian, and transit safety and mobility through each project's life cycle. o``gAKF9� 0-4 September 2010 t= U 4 ORIGINAL. Deputy Directive Number DD-64-R1 Page 5 APPLICABILITY SANTA ROSA BICYCLE AND PEDESTRIAN MASTER PLAN All departmental employees. LdM41-A4,44 RANDELL H. IWASAKI Chief Deputy Director &jam 2, zd p� Date Signed o`` $ AKF9 September 2010 ORIGINAL CITY COUNCIL POLICY AND PROCEDURE MANUAL TABLE OF CONTENTS (Chapter SEVEN) 7.1 1 Standards for Appraisers & Appraisal Reporting 7.2 1 Water Efficient Landscaping 7.3 1 Landscaping Standards S:I000NCIL1Po1icieMTab1e Of Contents - 2021-Final.Ch. 7.Docx CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 7.1 SUBJECT: STANDARDS FOR APPRAISERS & APPRAISAL REPORTING SECTION: CHAPTER SEVEN POLICY: RESOLUTION ADOPTING STANDARDS FOR APPRAISERS AND APPRAISAL REPORTING RELATED TO PARK LAND STATEMENT: Establishes minimum acceptable standards for the preparation and reporting of appraisals relating to park land. vm • Agenda Item NO./Date 12.a.; March 22, 1995 Approved by City Council Res. No. 59-95 Amended by City Council SACOUNCILTolicies\Policy Statements\7.1.doc RESOLUTION NO. 5 9 r 9 5 RESOLUTION ADOPTING STANDARDS FOR APPRAISERS AND APPRAISAL REPORTING RELATED TO PARK LAND. WHEREAS, Bakersfield Municipal Code Chapter 15.80 requires dedication of land, payment of fee, or both for the purposes of parks and recreation land; and WHEREAS, related amendments to said Chapter are concurrently being considered to update and clarify the requirements of said Chapter; and WHEREAS, in cases of payment of fee, Section 15.80.100 sets forth the determination of fair market value to be used in the formula for calculating the amount of fees in lieu of land dedication; and WHEREAS, revisions to the "Uniform Standards of Professional Appraisal Practice," (USPAP) made by the Appraisal Standards Board, of the Appraisal Foundation, became effective July 1, 1994; and WHEREAS, the Appraisal Institute, the largest appraisal organization in California has adopted the USPAP, as revised, in its entirety, thereby requiring its members and affiliates to follow USPAP for all appraisal assignments; and WHEREAS, USPAP established minimum acceptable standards for the preparation and reporting of appraisals; and WHEREAS, only qualified professional appraisers acceptable to the City may submit appraisals in order to ensure consistent and impartial appraisal reporting; and WHEREAS, subdividers are responsible for the preparation and costs of the appraisal in accordance with Section 15.80.100; and WHEREAS, it was determined that the proposed project was categorically exempt from CEQA pursuant to Section 15305(3)(d) as identified in the City's CEQA Implementation Procedures, Resolution No. 212-92; and WHEREAS, the law and regulations relating to CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, and this Council; and WHEREAS, the Council has considered and hereby makes the following findings: 1. All required public notices have been published as required by the Bakersfield Municipal Code and California Government Code. 2. The provisions of the California Environmental Quality Act (CEQA) and the City of Bakersfield CEQA Implementation Procedures have been satisfied with the project found to be exempt from said provisions pursuant to Section 15305(3)(d) of the City's CEQA Implementation Procedures, Resolution No. 212-92. 3. The "Uniform Standards of Professional Appraisal Practice," (USPAP) established minimum acceptable standard for the preparation and reporting of appraisals. 4. Qualified professional appraisers acceptable to the City will provide consistency and impartial preparation of appraisal reports consistent with USPAP. 5. This resolution is consistent with the goals, policies and objectives of the Metropolitan Bakersfield 2010 General Plan relative to the Parks Element and equitable implementation of park land requirements. NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as follows: correct. 1. The above recitals and findings, incorporated herein, are true and 2. The most current standards bf the "Uniform Standards of Professional Appraisal Practice," (USPAP), adopted by the Appraisal Foundation, are hereby adopted by this Council as the standard for appraisal reporting related to Bakersfield Municipal Code Chapter 15.80. A copy of the most current USPAP shall be on file with the Property Manager of the City of Bakersfield. 3. The minimum type of appraisal acceptable to the City shall be the "Complete Appraisal Summary Report." However, the "Complete Self -Contained" appraisal is also acceptable and may be required by the Planning Director, or his designee, where more detail is needed for review. 4. The appraisal shall be submitted to the Planning Director, or his designee, in sufficient time prior to the anticipated dated of recordation of a final map or certificate of compliance, as the Director determines. N 5. The Planning Director, or his designee, in consultation with the Property Manager, shall determine the acceptability of the appraisal report and the professional qualifications and experience of an individual appraiser or professional company, group or firm in preparing an appraisal pursuant to Bakersfield Municipal Code Chapter 15.80. It shall be the responsibility of the subdivider to consult with the Planning Director, or his designee, regarding the acceptability of an appraiser or company prior to preparation of an appraisal. ......... 000- ------ 3 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on MAR 2 2 , by the following vote: AYES: COUNCIiMEMER Del! =, CARSON NOES: COUNCILMEm, n ABSTAIN: COUNCIIJW( ABSENT: COUNCI]ER Q CITY CLERK and Ex OfI"icio Clerk of the Council of the City of Bakersfield APPROVED MAR I 1 05 4BOBRIClY MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY BY. LAU C. MARINO Assistant City Attorney JE:pjt February 24, 1995 res\rkap.cc SUBJECT: SECTION: POLICY: STATEMENT: CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 7.2 WATER EFFICIENT LANDSCAPING CHAPTER SEVEN WATER EFFICIENT LANDSCAPING ORDINANCE IS NOT NECESSARY Resolution making finding as required by Assembly Bill 325 that a water efficient landscaping ordinance is not necessary. Agenda Item No./Date 6.h.: October 21, 1992 Approved by City Council Res. No. 192-92 Amended by City Council SACOUNCIUPolicies\Policy Statementsl7.2.doc RESOLUTION NO. 192-92 RESOLUTION MAKING FINDING AS REQUIRED BY ASSEMBLY BILL 325 THAT A WATER EFFICIENT LANDSCAPING ORDINANCE IS NOT NECESSARY. WHEREAS, the State of California adopted the Water Conservation in Landscaping Act (Act), (Assembly Bill 325 (1990)), requiring that by January 1, 1993, local agencies adopt a water efficient landscape ordinance or adopt a resolution making findings which are based on specified factors, that no ordinance is necessary; and WHEREAS, if neither an ordinance nor resolution is adopted, the model ordinance prepared by a State appointed task force shall take effect and shall be enforced by the local agency as if adopted by the local agency; and WHEREAS, the "Act" requires the local agency to file with the Department of Water Resources, no later that January 31, 1993, a copy of the adopted water efficient landscape ordinance or the resolution making findings which state that no ordinance is necessary; and WHEREAS, a report entitled, "Report in Response to AB 325: Water Efficient Landscaping and Water Conservation," ("Report") attached hereto as Exhibit "A", has been prepared to include supporting evidence that the operations of local water purveyors and the City's current ordinances, policies, standards and practices provide for adequate water efficient landscaping, water conservation, and water availability; and WHEREAS, the operations of local water purveyors and the requirements of the City meet or exceed the provisions considered in the model ordinance prepared by the State appointed task force; and WHEREAS, local geologic conditions allow water purveyors to operate and maintain on -going and effective groundwater recharge to the aquifer and water supply system; and WHEREAS, it is estimated that only 0.3% of the total amount of urban (non-agricultural) water usage is for landscaping; and WHEREAS, voluntary water conservation programs have been successful in reducing water wastage; and WHEREAS, adoption of a separate water efficient landscape ordinance would be unwarranted because it would not significantly improve water efficient landscaping; and WHEREAS, the "Report" (Exhibit "A") recommends amendments to existing ordinances, policies and standards which may further enhance water efficient landscaping and conservation; and WHEREAS, current policies, ordinances, standards and practices meet the goals of water efficient landscaping as intended by Assembly Bill 325; and WHEREAS, the City Council desires to adopt a resolution making findings that a water efficient landscape ordinance is unnecessary based on the evidence contained in the "Report" (Exhibit "A"), which substantiates adequate water supplies, successful groundwater recharge facilities, and existing water efficient landscaping and water conservation requirements. FOLLOWS: NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED AS 1. The above recitals, incorporated herein, are true and correct. 2. Adoption of a water efficient landscape ordinance is unnecessary because water availability is projected to meet current and future needs of the City. 3. Adoption of a water efficient landscape ordinance is unnecessary because local geologic conditions which allow for on -going and effective groundwater recharge and water storage facilities, such as the 2800 Acre groundwater recharge area, provide for current and future water needs. 4. Water used for landscaping purposes is estimated to be only a small percentage of the total amount of water usage in Bakersfield. 5. The "Report In Response To AB 325: Water Efficient Landscaping and Water Conservation", attached hereto as Exhibit "A", provides evidence that the City's ordinances, resolutions, standards and policies meet the intent of AB 325 (1990), 6. Implementation of the recommended actions may further promote water efficient landscaping and water conservation. 7. This project is exempt from CEQA in accordance with CEQA Section 15061(b)(3). .1. N F0 M ORIGINAL o 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 ACT 2 1 1292 by the following vote: AYES; COUNCILMEMBERS: EDWARDS, DeMN E Im, BRUNNI, PETERSON, MCDERMOTf, SALVAGGIO NOES: COUNCILMEMBERS; l n� ABSENT COUNCILMEMBER8: e ABSTAIN: COUNCILMEMBERS' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED R! 2 1 1992 KEViN, Me_DEBIvI(JIIT VICE _ MAYOR of the City of Bakersfield APPROVED as to form: a," o' '.-� - - ===, M. LIJNARDINI CITY ATTORNEY of the City of Bakersfield res\rwel.cc oowe ORIGINAL � EXHIBIT "A" REPORT IN RESPONSE TO AB 325: WATER EFFICIENT LANDSCAPING AND WATER CONSERVATION Prepared by: City of Bakersfield Planning Department 1501 Truxtun Avenue Bakersfield, CA 93301 (805) 326-3733 Contributing Departments: Parks Division, City of Bakersfield Public Works Department, City of Bakersfield Water Resources Department, City of Bakersfield September 25, 1992 ORIGINAL � � I. INTRODUCTION. The purpose of this report is to provide documentation and analysis to substantiate the City of Bakersfield's compliance with of "AB 325: Water Efficient Landscaping Ordinance" (attached) by adopting a resolution making findings that a water efficient landscape ordinance is unnecessary (Option "A" listed below). AB 325 requires the city to adopt an ordinance or resolution to address the efficient use of water in landscaping by complying with one of the two options as specified below: By January 1, 1993, the city must either: A. Adopt a resolution making findings based on specified climatic, geological or topographical conditions, or water availability that no such ordinance is necessary; or B. Adopt its own water efficient landscaping ordinance. If the city does not take any action, the model ordinance prepared by the State Department of Water Resources task force shall take effect as if adopted by the city. To the extent feasible, the local ordinance shall consider the provisions of the model ordinance prepared by the State's advisory task force. The model ordinance contains provision to consider nine water conservation provisions listed in AB 325. The model ordinance is not suited to the Bakersfield area because of its complex climate and hydrological computation. It is based on evaportranspiration rate (ET) and relationship to local climate, plant ET, soils and watering schedules. Ordinance compliance by developers and enforcement by the city is expected to result in increased design and labor costs, while not significantly reducing water wastage. II. ANALYSIS. A. WATER AVAILABILITY. Most of the water supply for the city is delivered from groundwater wells, treated surface water from Improvement District Number 4 (I134) using imported water from the California Aqueduct or Kern River. The local aquifer yields are good and are readily recharged by percolation in the Kern River channel, 2,800 acre recharge facility and by other programs. The 2,800 acre recharge operation has been successful in percolating and storing for later use, excess water from the Kern River and other waters. There is a balance of more than 260,000 acre-feet of water available for extraction and use by the city. The city owns Kern River water and reservoir rights and presently has contractual commitments for this water. However, at the end of the contract periods, the city has an option on determining the use of this water for the benefit of the citizens of the city. o� ens 5 ORiGINAt. Q AB 325 Water Efficient Landscaping Report Page 2 Based on water service capability reports of local water purveyors, it is expected that there will be no deficiencies in water supplies to the city for at least the next 20 years. As the city grows, adequate water will be available through groundwater extraction, ID4 and other methods. Extended drought is expected to have a minimal affect on the ability to meet demands for water service in the city. Imported water supplies coordinated with the Kern County Water Agency, active groundwater recharge facilities, and other water storage and conservation programs will be adequate to meet foreseeable demands. B. WATER USAGE IN URBAN LANDSCAPING. Based on water usage records of local water purveyors, it is estimated that only 0.3% of the total urban (non-agricultural) water use in the City of Bakersfield is used to irrigate urban landscaping. The city's ongoing water efficient and water conservation practices have effectively reduced water wastage in landscape irrigation. It is likely that adoption of a water efficient landscape ordinance similar to the model ordinance prepared by the State's task force would be costly and difficult to implement for this region, and would not be significantly more effective than the city's current requirements and practices. The city's current ordinance and policy requirements, standards and practices meet all the provisions considered in the State's model ordinance. In addition, the city may consider slight revisions to existing city requirements which may enhance local water conservation efforts. C. WATER EFFICIENT LANDSCAPING AND WATER CONSERVATION METHODS CURRENTLY ADOPTED AND IMPLEMENTED 1. Bakersfield Municipal Code. The following lists the existing water conservation measures codified in the Bakersfield Municipal Code. a. Title 12, Chapter 12.28, Water in Gutters or Sidewalks. • Section 12.28.010 Hose or water pipe on public way unlawful. • Section 12.28.020 Water on sidewalks unlawful - Exception. • Section 12.28.030 Allowing irrigation water to overflow into gutters unlawful. • Section 12.28.040 Duty to turn off water before it overflows into gutters. M ORIGINAL � AB 325 Water Efficient Landscaping Report Page 3 b. Title 14, Chapter 14.04, Water Service. • Section 14.04.270 Service connections, meters and customers' facilities - Right of access to customers' premises. • Section 14.04.300 Service connections, meters and customers' facilities - Water wastage. C. Title 15, Section 15.12, Uniform Building Code. • Section 15.12 Building Code. Includes California Administrative Code Title 24 relating to energy conservation, such as use of low -flow showerheads, lavatory and sink faucets. • Section 15.38, Water Meters. All new structures within the city which are connected to a water service shall be equipped with a water meter. d. Title 17, Section 17.53, Site Plan Review. • Section 17.53.061 Landscape Standards. 2. Water Mainline Extension Contracts. The city offers Mainline Extension Contracts to developers for extending city facilities to new developments. The contracts are patterned after Rule 15 of the California Public Utilities Commission. The rule and the city's contract requires water conservation provisions for interior plumbing. 3. City Water Main Specifications. City standards for water main installations on the city system require pressure and leak testing before acceptance by the city. 4. Policies and City Standards. a. 2010 General Plan Conservation Element/Water Resources goals, policies and implementation measures address water supplies, availability, efficient usage, groundwater recharge, conservation, and quality. m UORiGiNAt AB 325 Water Efficient Landscaping Report Page 4 b. Planning Commission Wall and Landscape Policy Resolution. The Planning Commission has adopted policies for wall and landscaping in parkways and street median islands and parkways. Policies provide for appropriate use of plant material and design for the local topographic and climatic zones, and water efficient design. C. City Standards. The Public Works Department and Parks Division have prepared design, construction, installation and maintenance standards for median island and parkway landscaping to provide public information and ensure quality workmanship and consistency with city policies, which include water efficiency and conservation methods. d. City Maintained Landscaping. All new parks, median islands, parkway landscaped areas, and other Iandscaped areas maintained by the city have a well-balanced plant material composition and automatic irrigation system designed by a landscape architect or other competent person, and shall be operated by electronic time controller set for maximum water efficiency and conservation. e. City Internal Water Conservation Measures. The city has implemented operational procedures and practices to achieve water conservation and manage its water supply. 5. Public Awareness and Information Programs. a. Local water purveyors have several methods to provide for public awareness and information programs on water conservation. They include: ® Water Wastage Patrol Program. Field personnel looking out for waste water and investigates complaints received from the public on water wastage. The patrol visits locations reported or observed to be water wasteful, meets with public and offers assistance or advice to eliminate water wastage problem. • "Waste of Water Notices" doorknob hangers used when there is a display of outside waste water. Notices include tips to conserve water inside and outside the home. • Distributing water saving kits to customers. 0 a o-. m Z5ORIGINAL o AB 325 Water Efficient Landscaping Report Page 5 • Water conservation brochures distributed to customers as handouts at local business offices, schools and government agencies. • Water conservation bill inserts. • Periodic publicity releases and advertising in local media promoting water conservation. • Postage message on outgoing bills. ® Detailed summary of customer's water usage appears on water service bills, allowing customers to monitor their water usage and water conservation efforts. III. RECOMMENDED CHANGES TO ENHANCE WATER EFFICIENT LANDSCAPING AND WATER CONSERVATION PRACTICES Although existing ordinances, resolutions and policies meet the water efficient landscaping and conservation provisions of AB 325, the following recommended changes to existing ordinances, resolutions and policies may further enhance water efficient landscaping and conservation in the city. A. Amend BMC Chapter 12, Streets, Sidewalks and Public Places, to restrict or prohibit fresh water bodies, fountains and water elements where excessive amounts of water are sprayed into the air. B. Amend BMC Chapter 17, Zoning Code, landscaping requirements for new non-residential development to provide for more water conserving landscaping, such as use of drought tolerant plants, limitation on amount Of "water thirsty" turf, seasonal irrigation schedule or improved design. City may also amend code to require architect, contractor and/or property owner to sign certification attesting that the landscape meets the city's water efficient requirements and landscaping has been installed in accordance with approved plans. C. Amend Planning Commission resolution regarding landscaping policies for median islands parkways along new subdivisions to reflect the revisions noted in "B" above. D. Amend Public Works construction and installation design standards for city maintained landscaping to reflect "B" above. ORIGINAL d AB 325 Water Efficient Landscaping Report Page b IV. FINDINGS. 1. Adoption of a water efficient landscape ordinance is unnecessary because water availability is projected to meet the future needs of the city. 2. Adoption of a water efficient landscape ordinance is unnecessary because local geologic conditions which allow for on -going and effective groundwater recharge and water storage facilities, such as the 2800 Acre groundwater recharge area, provide for current and future water needs. 3. Water used for landscaping purposes is estimated to be only a small percentage of the total amount of water usage in Bakersfield. 4. The "Report In Response To AB 325: Water Efficient Landscaping and Water Conservation" provides evidence that current city's ordinances, resolutions, standards and policies meet the intent of AB 325 (1990), 5. Implementation of the recommended actions may further promote water efficient landscaping and water conservation. V. RECOMMENDED ACTION. 1. Motion to adopt resolution, making findings listed in the "Report In Response To AB 325", that a water efficient landscape ordinance, as prescribed by AB 325, is unnecessary, and transmit said resolution to the State Department of Water Resources no later than January 31, 1993. 2. Direct staff to proceed with the implementation of the recommendations in this report. p:ab325.sr 4i t,w,q, �- m ORIGINAL � tYl M 'O h o 42 O t ° m c-i O yVtr j m 1. o "O V i a a7 y V iV� y y CJ fA iy 9 y 0 tyL.' .ri •�.i y 'ri y � O a^O o a� l� GIs o 3�U���3c. O `r Son 3� I ox v 4 OAiGINAL .Xcn O m mat ea y C .ti 'C 4? ^O d ^O o 'C O v, 4)C M Q) er �` c O �} >; Q3 H •c 41 +r df O CL O Q. 4a O 4) .n C O y -� }' .Ou C) ' N N N O �.,, N y N C[Cl N .0 N �`.. G f`d, 7 O O O c Q 'C pCp O O gyp. tgsQ ' G (n C cm 10 to ,G, V p O G 7. G >_ N c�C U O 4 O O q O G Ot O C a G O G w cs y wA d vauu�,v p�p� u� a a �j a'$ a� Qw. o ►+ v ++ Q? O .+ aar i0, Q� c+ ~ etl G .0 ►, ►, �^ r. 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".� ,Q,?aCavo.�•°��ca� 'o �"oa eoo a.�F U .$ o a.o °use c°�s o o0 v S °., 9 �..; a ti p-% 'boo y :p�o 0) ; e0� ID a1 cq as 01 CID R as y w+2�1 Ar +a C C y °S C' O y 'a V Q `n �� .was o�.�rpow�ow,z ooao°„ or, oar 1t7 N 0�4)*iRoai�°'' a ►, tic u o x CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 7.3 SUBJECT: LANDSCAPING STANDARDS SECTION: CHAPTER SEVEN POLICY: COUNCIL POLICY STATING THAT PUBLIC WORKS PROJECTS WILL CONFORM TO LANDSCAPING STANDARDS STATEMENT: Establishing Council Policy that Public Works projects will conform to landscaping standards set forth in the Municipal Code. ADOPTION: Agenda Item No./Date 12.a.2.; June 27, 2001 Approved by City Council Res. No. 100-01 Amended by City Council SACOUNCIL\Policies\Policy Statements17.3.doc ram. RESOLUTION NO. 1 U 0 ... p 1 A RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ESTABLISHING A POLICY THAT CITY PUBLIC WORKS PROJECTS WILL CONFORM TO LANDSCAPING STANDARDS SET FORTH IN THE BAKERSFIELD MUNICIPAL CODE WHEREAS, the City Council of the City of Bakersfield has adopted landscaping regulations which are applicable to private development within the City of Bakersfield; and WHEREAS, the landscaping standards adopted by the City are intended to provide a transition between, and mitigate conflicts which may arise between, adjacent land uses, and to promote an attractive visual harmony between the landscape and development and to reduce air, noise and visual pollution; and WHEREAS, the City Council desires to ensure that such landscaping regulations are made applicable to City public works projects in order to promote the health, safety and general welfare of the citizens of the City of Bakersfield. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: The above Recitals are true and correct and incorporated herein. 2. All City public works projects shall conform to the landscaping standards set forth in Bakersfield Municipal Code Chapter 17.61, as amended. -----00000----- Page 1 of 2 �s;g I HEREBY CERTIFY that the foregoing Resolution was passed and adapted by the Council of the City of Bakersfield at a regular meeting thereof held on _JtL2.7 24-fii , by the following vote: AYES:. COUNCILMEMBER CARSON, BENHAM, MAGGARO, COUCH, tWMN, SULLIVAN, SALVAGGIO COUNCILMEMBER / L&-.Q A13STAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER MM68 CITY CLERK and Ex Officio Council of the City of Baker, APPROVED JUN 2 7 70m APPROVED as to form: BART J. THILTGEN, City Attorney r CH:Isc P:TCResoLandscapingStandards Page 2 of 2 of the CITY COUNCIL POLICY AND PROCEDURE CONTENTSTABLE OF 8.1 1 City Council Vacancy Appointment Process 8.2 1 Reserved 8.3 1 Reserved 8.4 IChange the Name of the "Urban Development Committee" to the "Planning and Development Committee" 8.5 1 Reserved 8.6 1 Reserved 8.7 Vacancies on All Ward and Non -Ward Appointees Boards and Commissions SACOUNCILPolicieffable Of Contents - 2021-Final.Ch. 8.Docx CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 8.1 SUBJECT: CITY COUNCIL VACANCY APPOINTMENT PROCESS SECTION: CHAPTER EIGHT POLICY: ADOPTION OF POLICY REGARDING THE CITY COUNCIL VACANCY APPOINTMENT PROCESS STATEMENT: Establishes how and when to fill Council vacancies. ADOPTION: Agenda Item No./Date 8.h; September 1, 2021 Approved by City Council Res. No. 167-2021 Amended by City Council SACOUNCIUPolicies\Policy Statements\8.1.doc RESOLUTION NO. 6 7 ® 2 ® 2 1 A RESOLUTION OF THE CITY OF BAKERSFIELD ADOPTING A POLICY REGARDING THE CITY COUNCIL VACANCY APPOINTMENT PROCESS (COUNCIL POLICY 8.1) WHEREAS, Charter Section 16, requires the City Council to fill a vacancy on the Council by appointment if said vacancy occurs less than six months prior to the date of the next general election; and, WHEREAS, there are state laws which set forth provisions on Council vacancies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. City Council shall decide how and when to fill Council vacancies based on the facts and circumstances surrounding each situation, and in accordance with the Charter and applicable laws. 3. This Resolution shall become effective and in full force upon final passage. -------- 0 0 0 0 0 0 0-------- - Page 1 of 2 Pages - 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 SEP 01 2021 by the following vote: YES: COUNCIL MEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER bc'�.> ABSENT: COUNCIL MEMBER NDCI&l I LIE DRIMAKIS/ MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED SEP 01 2021 By KAREN GOH 22xo . � By - VIGINIA GrENNARO City Attorney vG:ag S:\COUNCIL\Resos\21-22\COUNCIL POLICY & PROCEDURE. MANUAL - PARTII\8.1 NewCounci(Policfes.Reso.docx - Page 2 of 2 Pages - CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 8.4 SUBJECT: CHANGE THE NAME OF THE "URBAN DEVELOPMENT COMMITTEE" TO THE "PLANNING AND DEVELOPMENT COMMITTEE" SECTION: CHAPTER EIGHT POLICY: CHANGE THE NAME OF COUNCIL COMMITTEE FOR "URBAN DEVELOPMENT" TO "PLANNING AND DEVELOPMENT," AND ADDING APPOINTMENT OF CHAIR PERSON STATEMENT: Amendment No. 1 to Agreement No. 152-03 a Resolution changing the name of Council Committee for "Urban Development" to "Planning and Development," and adding ., appointment of chair person. ADOPTION: Agenda Item No./Date 8.h.; September 1, 2021 Approved by City Council Res. No. 152-03(1) Amended by City Council September 1. 2021 Prior Resolutions Res No. 152-03 S:\COUNCIL\Policies\Policy Statements\8.4.doc 1) RESOLUTION NO. 2 0 3 C AMENDMENT NO. 1 TO RESOLUTION NO. 152-03 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD CHANGING THE NAME OF COUNCIL COMMITTEE FOR "URBAN DEVELOPMENT" TO "PLANNING AND DEVELOPMENT, AND ADDING APPOINTMENT OF CHAIR PERSON (COUNCIL POLICY 8.4). WHEREAS, the Council of the City of Bakersfield adopted Resolution No. 58- 96 thereby adopting a City Council Policy and Procedural Manual ("Manual" herein); and WHEREAS, Manual serves as a guideline to govern the actions, conduct and business of the City of Bakersfield and its City Council; and WHEREAS, certain policies and procedures of Manual have become antiquated and require either clarification, updating, or repeal; and WHEREAS, City Council directed City Attorney to update Chapter Eight of Manual. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. Resolution No. 152-03 re: CHANGING THE NAME OF COUNCIL COMMITTEE FOR "URBAN DEVELOPMENT" TO THE "PLANNING AND DEVELOPMENT" COMMITTEE is hereby updated and amended to read as follows: (1) All of the above recitals are true and correct; (2) The City Council Committee for Urban Development shall be known as the Council Committee for "Planning and Development." (3) The City Councilmember appointed as Chair of the Planning and Development Committee shall also be appointed and serve as the Planning Commission Liaison. Page 1 of 2 Pages Resolution Amending Section 8.4 Resolution No. 152-03 3. This Resolution shall become effective and in full force upon final passage. -------- 0000000-------- 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 SEP 01 2021 , by the following vote: YE5 COUNCILMEMBER, ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER N ES: COUNCILMEMBER Nara. ABSTAIN: COUNCILMEMBER OV10 — ABSENT: COUNCILMEMBER _ � 4 JULIV DRIMAKIS, %WMC CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield APPROVED SEP 0 12021 By lot KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA' GENNARO City Attorney \ By "- 1i RGINIA"GENNARO City Attorney VG:ag 5:\COUNCIL\Resos\21-22\COUNCIL POLICY & PROCEDURE MANUAL- PARTII\8.4AmendResol52-03CouncilPolicies.Reso.docx Page 2 of 2 Pages Resolution Amending Section 8.4 Resolution No. 152-03 CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 8.7 SUBJECT: VACANCIES ON ALL WARD AND NON -WARD APPOINTEES BOARDS AND COMMISSIONS SECTION: CHAPTER EIGHT POLICY: ADDRESSES HOW APPLICATIONS ARE PROCESSED, REVIEWED AND VOTED UPON PROCEDURE STATEMENT: A Resolution establishing Council Policy regarding applications to fill vacancies on all ward and non -ward City boards and commissions other than the Planning Commission. FTITR10121MN Agenda Item No./Date 8.h.; September 1, 2021 Approved by City Council Res. No. 168-2021 Amended by City Council SACOUNCIL\PoliciesTolicy Statements\8.7.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD ADOPTING A POLICY REGARDING APPLICATIONS TO FILL VACANCIES ON ALL WARD AND NON -WARD CITY BOARDS AND COMMISSIONS OTHER THAN THE PLANNING COMMISSION (COUNCIL POLICY 6.7) WHEREAS, when vacancies occur on City boards and commissions, the City Clerk posts announcements requesting interested persons to submit applications to fill such vacancies; and WHEREAS, the City Council desires to adopt a policy to address how applications are processed, reviewed, and voted upon procedure regardless of how many applications are received and regardless if said appointments are Ward or Non -Ward based; and WHEREAS, the applications for Council appointments are available at the City Clerk's office and are downloadable from the City website. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2. When the City Clerk advertises for a ward and/or non -ward appointments, applications for vacancies on all city boards and commissions may be submitted by mail, delivered in person or sent via facsimile to the City Clerk. 3. Applications which are hand -delivered or sent by mail will be date - and -time -stamped upon receipt at the City Clerk's office. 4. Applications which are sent via facsimile shall be deemed received on the date and time indicated on the printed header of such facsimile. 5. Any application to fill a vacancy on a City board or commission which is not received by the City Clerk's office before the deadline set by the City Clerk shall not be considered for that appointment by . the City Council. Page 1 of 3 Pages - 6. If an application is not timely filed, the City Clerk or designee shall notify the applicant in writing that their application was not timely and will not be considered. 7. Each application to fill a vacancy which is timely received by the City Clerk shall be considered a nominee for the vacancy sought to be filled. 8. If ballots are needed, the City Clerk will distribute written ballots at a regular City Council meeting, containing the name of all nominees for the vacancy in question. 9. The City Council members will mark their ballot, voting for one nominee only, indicate their Ward number (if not on the ballot already) and return the ballot to the City Clerk. 10. The nominee receiving the most votes cast, regardless of how many Council members are actually present or actually vote, shall be appointed to fill the vacancy. 11. If there is a tie for the most votes cast, the mayor shall break the tie } by casting a vote for one of the tied nominees. 12. If there are two or more vacancies to be filled, the City Clerk shall, after the first vacancy has been filled, follow steps 8 through 11 with the winning nominee(s) names obliterated from each subsequent ballot. 13. When all voting has been completed, the ballots shall be available for review. 14. When all voting has been completed, the vice -mayor shall make a motion to appoint all winning nominees to all vacancies on such boards or commissions. 15. This Resolution applies to appointments which are ward and non - ward -selected appointments and completely replaces all other Resolutions on this topic. 16. The Council desires that this Resolution be maintained in its Council Policy and Procedure Manual, Chapter 8 (Section 8.7) and be effective immediately upon its adoption. -------- 0000000-------- - Page 2 of 3 Pages - 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 SEP 01 2021 , by the following vote: ES COUNCIL MEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER NOES: COUNCIL MEMBER N M , ABSTAIN: COUNCIL MEMBER Nor,& - ABSENT: COUNCIL MEMBER -- % L D�t�- JUL DRIMAKIS) MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED SEP 01 2021 By KAREN GOH MaYer APPROVED AS T By VII INIA ENNARO City Attorney VG:ag S:\COUNCIL\Resos\21-22\COUNCIL POLICY & PROCEDURE MANUAL- PARTII\8.7WardandNonWardAppointments.docx - Page 3 of 3 Pages - POLICYCITY COUNCIL PROCEDURE MANUAL TABLE OF CONTENTS (Chapter NINE) &\COUNCILToliciesUable Of Contents - 2021-Final.Ch. 9.Docx SUBJECT: SECTION: POLICY: STATEMENT: CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 9.1 CITY JOINDER OF AMICUS BRIEFS CHAPTER NINE COUNCIL POLICY REGARDING APPROVAL OF CITY JOINDER OF AMICUS BRIEFS Establishing Council Policy on approval of City joinder of Amicus Briefs. Agenda Item No./Date 8.i.; June 13, 2001 Approved by City Council Res. No. 079-01 Amended by City Council SACOUNCIL\Policies\Policy Statements\9.1.doc RESOLUTION NO. 0 7 9 0 I A RESOLUTION REGARDING COUNCIL POLICY ON APPROVAL OF CITY JOINDER OF AMICUS BRIEFS. WHEREAS, public agencies and municipalities statewide are from time to time involved in cases involving issues of general interest and applicability to the City's interests; and WHEREAS, the City is asked from time to time to support other public agencies in "amicus curiae" or friend -of -the -court briefs in cases which have the potential to affect the City's policies, authority or liability; and WHEREAS, friend -of -the -court requests typically involve only general issues of municipal law and not difficult, controversial or novel public policy concerns; and WHEREAS, frequently there is insufficient time to place the issue of friend -of -the - court participation on the City Council agenda for Council approval because of the extremely short time period within which such briefs must be filed; and WHEREAS, the City Attorney has advised the Council that participation in such briefs is in the City's interest; and WHEREAS, there generally is no cost to the City in adding its name to a friend -of - the -court brief; and WHEREAS, other California cities have lent assistance to the City by participating in friend -of -the -court briefs; and WHEREAS, the City Attorney usually has the benefit of the League of California Cities' recommendation on the advisability of the City's participation in friend -of -the -court efforts for appellate courts cases; and WHEREAS, the City values the League's recommendation because the League's review process involves collective review by as many as 24 city attorneys from all regions of the state as well as the city officials who sit on the League's board of directors. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above Recitals are true and correct and incorporated herein. Page 1 of 3 2. The Council authorizes the City Attorney or his designee to make a decision to add the City as a participant in friend -of -the -court briefs under the following circumstances: a. The City Attorney or his designee has reviewed the legal issues presented by the case and has determined that participation in the friend - of -the -court brief would protect or advance the City's legal interests; and b. Joinder in the brief is consistent with existing City ordinances, resolutions or policies. 3. The City Attorney is directed to promptly notify the Council by information memorandum as soon as practicable of any instance in which the City Attorney's Office has made a decision that the City should join in a friend -of -the -court brief pursuant to this policy. Page 2 of 3 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on JUN 131tt , by the following vote: YES' COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER /iC[-,(.A ABSENT: COUNCILMEMBER /Kk2 Q- JUN 13 2001 U=- 18W 06im , k, & R - - - -, ot n - CITY CLERK and Ex Officio Cl of the Council of the City of Bakersfie u, APPROVED as to form: BART J. THILTGEN, City Attorney By: 2)1= ROBERT M. SHERFY Assistant City Attorney RMS:dir S:\COUNCIL\Resos\AmicusBdefReso.wpd Page 3 of 3 SUBJECT: SECTION: POLICY: STATEMENT: CITY OF BAKERSFIELD COUNCIL POLICY STATEMENT CP No. 9.3 WIRELESS FACILITIES CHAPTER NINE WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF-WAY DEPLOYMENT POLICY A Resolution adopting a policy regulating wireless facilities pursuant to Bakersfield Municipal Code Chapter 12.30. Agenda Item No./Date 9.c.2.; December 12, 2018 Approved by City Council Res. No. 153-18 Amended by City Council SACOUNCIL\Policies\Policy Statements\9.3.doc RESOLUTION NO 153-18 RESOLUTION ADOPTING A POLICY REGULATING WIRELESS FACILITIES PURSUANT TO BAKERSFIELD MUNICIPAL CODE CHAPTER 12.30. X-Ref. DfA j%. WHEREAS, Bakersfield Municipal Code Chapters 12.30 authorizes the City to adopt a policy that establishes the rules and procedures by which the City reviews permit applications for wireless facilities; and WHEREAS, the City has developed a regulatory policy for wireless facilities located within the public rights -of -way, which is attached to this resolution as Exhibit A and incorporated herein by this reference; and WHEREAS, the City Council finds the wireless facility policy consistent with the provisions and intent in the General Plan, Bakersfield Municipal Code Chapter 12.30 and other applicable provisions in the Bakersfield Municipal Code; and WHEREAS, the City Council finds the wireless facility policy will, to the extent permitted by federal and California law, protect and promote public health, safety and welfare, and also balance the benefits that flow from robust, advanced wireless services with the City's local values, which include without limitation the aesthetic character of the City, its neighborhoods and community. NOW THEREFORE, be it resolved by the City Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2. The policy for wireless facilities attached to this resolution as Exhibit A is hereby adopted. 3. The policy may be amended from time to time by resolution of the City Council. ---0000000--- CAProgram Filesm6j\Neeevia.Com\Docconverterpro\Temp\NVDC\C9EB136C-BC68.4279•B70f: ABBDFDC42487\BakersfieKI2993.i.Wieless_Polioy_Rescr_D cJ Q - Page 1 of 3 Pages - OWGINA 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 DEC 12 2018 , by the following vote: YES: N ES: ABSTAIN: ABSENT: COUNCILMEMBER RIYE'12A, GONZ LES, WE , SMITH, vo"FREEMAN, SULLVAN,PARL R COUNCILMEMBER NO" A.. .1 /` , {. q JOILIE DRIMAKIS, Assistant City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: DEC 12 2018 APPROVED A5 TO FORM: VIRGINIA GENNARO City Attor y By: "4Lj ANDREW HEGLUY4D Deputy City Attorney LEO C:\Program Filet 1X86)\Neevia.Cam\Docconverierpro\lamp\NvDC\C9EB136C-BCB8,4279$70E-AB8DFDC42487\Bakersfield.12993.1.wireless-Policy-Reso.Dock_— m v Q Page 2 of 3 Pages - ORIGINAL EXHIBIT A BAKERSFIEL© CITY COUNCIL POLICY REGULATING WIRELESS FACILITIES (appears behind this cover) C:\Program Files(x86JNNC-evio.Cam\Docconverterpro\Temp\NVDC\C9EB136C-BCBB-4279-87QE-a880FDC42487\Bakersfield.12993.1.W.ele%_Policy_Reso.D= - Page 3 of 3 Pages - ORIG NAL �. :. �, s �w .� � ; �� r This Deployment Policy for Wireless Facilities in the Public Rights -of -Way was adopted by the Bakersfield City Council on December 12, 2018 (Resolution 153-18). CAo file # -- s:lpublic works\wireless communications facilitieskbakersfield wireless deployment policy finaLdocx City of Bakersfield Wireless Facilities in the Public Rights of Way Deployment Policy Page Q of 64 o��'AKF9� T %TrFAUT" f f � SECTION 1 GENERAL PROVISIONS.......................................................................................................3 SUBSECTION 1.1 PURPOSE AND INTENT.................................................................................................3 SUBSECTION 1.2 GENERAL DEFINITIONS................................................................................................4 SECTION 2 WIRELESS FACILITIES WITHIN THE PUBLIC RIGHTS -OF -WAY ..................................5 SUBSECTION 2.1 APPLICABILITY........................................................................................................... 5 SUBSECTION 2.2 PERMIT —REQUIRED.... ................... SUBSECTION 2.3 PERMIT —APPLICATION REQUIREMENTS AND PROCEDURES .................................................. 7 SUBSECTION 2.4 PERMIT —NOTICE AND FINDINGS.................................................................................11 SUBSECTION 2.5 PERMIT—TRANSFER..................................................................................................14 SUBSECTION 2.6 DESIGN AND DEVELOPMENT REGULATIONS —LOCATION STANDARDS ................... ...14 SUBSECTION 2.7 DESIGN AND DEVELOPMENT REGULATIONS —DESIGN STANDARDS......................................16 SUBSECTION 2.8 STANDARD CONDITIONS OF APPROVAL........................................................................ 24 SUBSECTION 2.9 REMOVAL OF FACILITIES —PERMIT EXPIRATION, EARLIER....................................................29 SUBSECTION 2.10 MODIFICATION OR REMOVAL OF FACILITIES —EXIGENT CIRCUMSTANCES..............................30 SUBSECTION 2.11 MODIFICATION OR REMOVAL OF FACILITIES —CONFLICTS WITH .......................................... 30 OTHER PUBLIC RIGHTS -OF -WAY USES SUBSECTION 2.12 NONCONFORMING FACILITIES..................................................................................... 31 SUBSECTION 2.13 CELLS ON WHEELS DEPLOYMENT.................................................................................31 SUBSECTION 2.14 APPEAL..................................................................................................................31 SECTION 3 ELIGIBLE FACILITIES REQUESTS......................................................................................32 SUBSECTION 3.1 APPLICABILITY; REQUIRED PERMITS AND APPROVALS........................................................ 32 SUBSECTION 3.2 SPECIAL DEFINITIONS FOR ELIGIBLE FACILITIES REQUESTS...................................................32 SUBSECTION 3.3 SECTION 6409 APPLICATIONS, SUBMITTALS AND COMPLETENESS REVIEW ............................. 35 City of Bakersfield Wireless Facilities in the Public Rights of Way Deployment Policy Page 1 of`6�AK�9�, � 1 F m U C ORIGINAL SUBSECTION 3.4 DECISIONS AND APPEALS........................................................................................... 39 SUBSECTION 3.5 STANDARD CONDITIONS OF APPROVAL........................................................................40 SECTION 4 SMALL WIRELESS FACILITIES...........................................................................................45 SUBSECTION 4.1 APPLICABILITY; REQUIRED PERMITS AND APPROVALS........................................................45 SUBSECTION 4.2 SPECIAL DEFINITIONS FOR SMALL WIRELESS FACILITIES...................................................... 45 SUBSECTION 4.3 PERMIT —APPLICATION REQUIREMENTS.........................................................................46 SUBSECTION 4.4 PERMIT —APPLICATION SUBMITTAL AND COMPLETENESS REVIEW........................................49 SUBSECTION 4.5 APPROVALS AND DENIALS; NOTICES............................................................................. 50 SUBSECTION 4.6 STANDARD CONDITIONS OF APPROVAL........................................................................ 52 SUBSECTION 4.7 LOCATION REQUIREMENTS......................................................................................... 58 SUBSECTION 4.8 DESIGN STANDARDS................................................................................................. 59 City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 2 of 64 x "r` t7 ftL7fA,a. a. Deployment Policy 4 J:10111r 1.1 PURPOSE AND INTENT 1.1.1 The City of Bakersfield intends this policy to establish reasonable, uniform and comprehensive standards and procedures for wireless facilities deployment, construction, installation, collocation, modification, operation, relocation and removal within the City's territorial boundaries, consistent with and to the extent permitted under federal and California state law. The standards and procedures contained in this policy are intended to, and should be applied to, protect and promote public health, safety and welfare, and balance the benefits that flow from robust, advanced wireless services with the City's local values, which include without limitation the aesthetic character of the City, its neighborhoods and community. This policy is also intended to reflect and promote the community interest by (1) ensuring that the balance between public and private interest is Fes, maintained on a case -by -case basis; (2) protecting the City's visual character from potential adverse impacts or visual blight created or exacerbated by wireless communications infrastructure; (3) protecting and preserving the City's environmental resources; and (4) promoting access to high -quality, advanced wireless services for the City's residents, businesses and visitors. 1.1.2 This policy is not intended to, nor may it be interpreted or applied to: (1) prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services; (2) prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights -of -way management; (3) unreasonably discriminate among providers of functionally equivalent services; (4) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC's regulations concerning such emissions; (5) prohibit any collocation or modification that the City may not deny under federal or California state law; (b) impose any unfair, unreasonable, discriminatory or anticompetitive fees that exceed the reasonable cost to provide the services for which the fee is charged; or (7) otherwise authorize the City to preempt any applicable federal or California law. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy 1.2 GENERAL DEFINITIONS 1.2.1 "approval authority" means the City official or board responsible for reviewing applications for permits and vested with the authority to approve, conditionally approve or deny such applications as provided in this policy. The approval authority for applications in connection with a WFR permit governed under Section 2 will be the Director and the Board of Zoning Adjustment as delineated in that section. The approval authority for applications in connection with a Section 6409 approval in Section 3 or a WFR permit governed under Section 4 will be the Director_ 1.2.2 "Cell on wheels means facilities temporarily transported in or temporarily installed. 1.2.3 "concealed" or "concealment" means camouflaging techniques that integrate the transmission equipment into the surrounding natural and/or built environment such that the average, untrained observer cannot directly view the equipment but would likely recognize the existence of the wireless facility or concealment technique. Camouflaging concealment techniques include, but are not limited to: (1) antennas mounted within a radome above a streetlight; (2) equipment cabinets in the public rights -of -way painted or wrapped to match the background; and (3) equipment shrouds or cages to conceal pole -mounted transmission equipment. 1.2.4 "CPUC" means the California Public Utilities Commission established in the California Constitution, Article XII, § S, or its duly appointed successor agency, 1.2.5 "decorative pole" means any pole that includes decorative or ornamental features, design elements and/or materials intended to enhance the appearance of the pole or the public right-of-way in which the pole is located. 1.2.6 Department" means the Department of Public Works. 1.2.7 "Director" means the Director of Public Works or designee. 1.2.8 "Exigent circumstance" means a dangerous condition, obstruction of the public right-of-way or an imminent threat to the public health, safety or welfare or the public's use of the public right-of- way. 1.2.9 "FCC" means the Federal Communications Commission or its duly appointed successor agency, 1.2.10 "FCC Shot Clock" means the presumptively reasonable timeframe within which the City generally must act on a given wireless application, as defined by the FCC and as may be amended from time to time. City of Bakersfield Wireless Facilities in the Public Right of way Deployment Policy Page 4 of 64 r- 1.2.11 "ministerial permit" means any City -issued non -discretionary permit required to commence or complete any construction or other activity subject to the City'sjurisdiction. Ministerial permits may include, without limitation, a building permit, construction permit, encroachment permit, grading permit, and/or street permit. 1.2.12 "personal wireless services" means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended or superseded, which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services. 1.2.13 "personal wireless service facilities" means the same as defined in 47 U.S-C. § 332(c)(7)(C)(i), as may be amended or superseded, which defines the term as facilities that provide personal wireless services. 1.2.14 "RF" means radio frequency or electromagnetic waves generally between 30 kHz and 300 GHz in the electromagnetic spectrum range. 1.2.15 "Section 6409" means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No.112-96,126 Stat.156, codified as 47 U.S.C. § 1455(a), as may be amended or superseded. i 1.2.16 "small wireless facility" or "small wireless facilities' means the same as defined by the FCC in 47 C.F.R. § 1.6002(1), as may be amended or superseded. 1.2.17 "tower" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(9), as may be amended or superseded, which defines that term as any structure built for the sole or primary purpose of supporting any FCC -licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. Examples include, but are not limited to, monopoles (i.e., a bare, unconcealed pole solely intended to support wireless transmission equipment), mono -trees and lattice towers. WIRELESS FACILITIES WITHIN THE PUBLIC RIGHTS - OF -WAY 2.1 APPLICABILITY 2.1.1 Applicable Wireless Facilities. Except as expressly provided otherwise in this policy, the provisions in this Section 2 will be applicable to all existing wireless facilities in the public rights -of -way and all applications and requests for authorization to construct, install, attach, operate, collocate, City of Bakersfield Wireless Facilities in the Public Right of way Deployment Policy Page S of 64 � AKe1 a �- modify, reconstruct, relocate or otherwise deploy wireless facilities in the public rights -of -way within the City`s jurisdictional and territorial boundaries. 2.1.2 Special Provisions for Small Wireless Facilities. Notwithstanding Subsection 2.11, all applications and requests for authorization to construct, install, attach, operate, collocate, modify, reconstruct, relocate or otherwise deploy small wireless facilities, as defined by the FCC in 47 C.F.R. § 1.6002(0, will be reviewed under the procedures and standards in Section 4. 2.1.3 Special Provisions for Eligible Facilities Requests. Notwithstanding Subsection 2.11, all requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted pursuant to Section 6409 will be reviewed under the procedures and standards in Section 3. 2.1.4 2.2 Exempt Wireless Facilities. This Section 2 does not apply to the following: 2.1.4.1 Facilities owned and operated by the City for its use; 2.1.4.2 Any entity legally entitled to an exemption pursuant to state or federal law or governing franchise agreement; 2.1.4.3 Government -awned and operated telecommunications facilities; 2.1.4.4 Facilities owned and operated by an emergency medical care provider; 2.1.4.5 Mobile services providing public information coverage of news events of a temporary nature; or 2.1.4.6 Facilities not in the public ROW. PERMIT --REQUIRED 2.2.1 Wireless Facilities Right -of -Way permit — Director Approval. A Wireless Facilities Right -of -Way Permit (VFR Permit), subject to the Director's prior review and approval and the other requirements of this Section 2, is required for: 2.2.1.1 any new wireless facility proposed on an existing or replacement support structure that does not exceed 6 cubic feet in total volume, including antennas and accessory equipment; or City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 6 of 64 O� �A�F'per F- rn v 2.2.1.2 any new wireless facility proposed on an existing or replacement support structure in a preferred location that does not exceed 11 cubic feet in total volume, including antennas and accessory equipment, 2.2.2 Wireless Facilities Right -of -Way Permit — Board of Zoning Adjustment Approval. A WFR Permit, subject to the Board of Zoning Adjustment's prior review and approval, is required for any new wireless facility in the public right-of-way not subject to Director approval; provided, however, that the total volume of pole -mounted antennas and accessory equipment does not exceed 17 cubic feet and the total of ground -mounted and pole -mounted antennas and equipment does not exceed 28 cubic feet. Any application for any wireless facility in the public rights -of -way with more than 28 cubic feet of antennas and accessory equipment may only be approved through a limited exception as provided in Subsection 2.4.6. 2.2.3 Other Permits and Regulatory Approvals. In addition to any other permit or approval required under this Section 2, the applicant must obtain all other permits and regulatory approvals as may be required by any other federal, state or local government agencies, which includes without limitation other any permits and/or approvals issued by other City departments or divisions. Furthermore, any permit or approval granted under this Section 2 or deemed granted or deemed approved by law will remain subject to any and all lawful conditions and/or legal requirements associated with such other permits or approvals_ 2.3 PERMIT —APPLICATION REQUIREMENTS AND PROCEDURES 2.3.1 Application Content. Each applicant requesting a WFR Permit must fully and completely submit to the Department a written application on a form prepared by the Director and pay the required WFR Permit fee and deposits. In addition, all applications for a WFR Permit must include, at a minimum, all the information and materials required in this Subsection 2.3. 2.3.1.1 Construction Drawings. The applicant must submit true and correct construction drawings, prepared, signed and stamped by a California licensed or registered engineer, that depict all the existing and proposed improvements, equipment and conditions related to the proposed project, which includes without limitation any and all poles, posts, pedestals, traffic signals, towers, streets, sidewalks, pedestrian ramps, driveways, curbs, gutters, drains, handholes, manholes, fire hydrants, equipment cabinets, antennas, cables, trees and other landscape features. The construction drawings must: (i) contain cut sheets that contain the technical specifications for all existing and proposed antennas and accessory equipment, which includes without limitation the manufacturer, model number and physical dimensions; (ii) identify all structures within 250 feet from the proposed project site and call out such structures' overall height above ground level; (iii) depict the applicant's plan for electric and data City of Bakersfield wireless Facilities in the Public Right of Way Deployment Policy Page 7 of 64 O1 � r C backhaul utilities, which must include the locations for all conduits, cables, wires, handholes, junctions, transformers, meters, disconnect switches, and points of connection; and (iv) demonstrate that the proposed project will be in full compliance with all applicable health and safety laws, regulations or other rules, which includes without limitation all building codes, electric codes, local street standards and specifications, and public utility regulations and orders. 2.3.1.2 Site Survey. The applicant must submit a surrey prepared, signed and stamped by a California licensed or registered engineer_ The survey must identify and depict all existing boundaries, encroachments and other structures within 254 feet from the proposed project site, which includes without limitation all: (i) traffic lanes; (ii) all private properties and property lines; (iii) above and below -grade utilities and related structures and encroachments; (iv) fire hydrants and other public safety infrastructure; (v) streetlights, decorative poles, traffic signals and permanent signage; (vi) sidewalks, driveways, parkways, curbs, gutters and storm drains; (vii) benches, trash cans, mailboxes, kiosks and other street furniture; and (viii) existing trees, planters and other landscaping features. 2.3.1.3 Photo Simulations. The applicant must submit site photographs and photo simulations that show the existing location and the wireless facility before and after the collocation or modification. The photographs and photo simulations must show the wireless facility in context from at least three vantage points within the public streets or other publicly accessible spaces, together with a vicinity map that shows the proposed site location and the photo location for each vantage point. 2.3.1.4 Project Purpose Statement. A written statement that includes: (a) a description of the technical objectives to be achieved; (b) an annotated topographical map that identifies the targeted service area to be benefitted; (c) the estimated number of potentially affected users in the targeted service area; and (d) fuli-color signal propagation maps with objective units of signal strength measurement that show the applicant's current service coverage levels from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites with the proposed site, and predicted service coverage levels from the proposed site without all adjacent sites. 2.3.1.5 Alternative Sites Analysis. The applicant must submit a list of all existing structures considered as alternatives to the proposed location, together with a general description of the site design considered at each location. The applicant must also provide a written explanation for why the alternatives considered were unacceptable or infeasible, unavailable or not as consistent with the development standards in this Section 2 as the proposed location and design. This explanation must include a meaningful comparative City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 8 of 64 8AK-- a � r analysis and such technical information and other factual justification as are necessary to document the reasons why each alternative is unacceptable, infeasible, unavailable or not as consistent with the development standards in this Section 2 as the proposed location. If an existing facility is listed among the alternatives, the applicant must specifically address why the modification of such wireless communication facility is not a viable option. 2.3.1.6 RI= Compliance Report. The applicant must submit an RF exposure compliance report that certifies that the proposed small wireless facility, as well as any collocated wireless facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF report must be prepared and certified by an RF engineer acceptable to the City. The RF report must include the actual frequency and power levels (in watts ERP) for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC). Each such boundary must be clearly marked and identified for every transmitting antenna at the project site. 2.3.1.7 Regulatory Authorization. The applicant must submit evidence of the applicant's regulatory status under federal and California law to provide the services and construct the wireless facility proposed in the application. 2.3.1.8 Acoustic Analysis. The applicant must submit an acoustic analysis prepared and certified by an engineer for the proposed collocation or modification and all associated equipment including all environmental control units, sump pumps, temporary backup power generators and permanent backup power generators demonstrating compliance with the City`s noise regulations. The acoustic analysis must also include an analysis of the manufacturers' specifications for all noise -emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines. In lieu of an acoustic analysis, the applicant may submit evidence from the equipment manufacturer that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable limits. 2.3.2 Independent Consultant Review. The Director may retain an independent, qualified consultant to review the technical aspects of any WFR Permit application, and the applicant must pay the cost of this review through a deposit as required by the Director. No WFR Permit will be issued to any applicant that has not fully reimbursed the City for the consultant's cost. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 9 of 64 6 AkF to � r 2.3.3 Requirements for a Duly Filed Application. Any application for a WFR Permit will not be considered duly filed unless submitted in accordance with the requirements in this Subsection 2.3. 2.3.3.1 Submittal Appointment. All applications must be submitted to the City at a pre - scheduled appointment with the Director_ Applicants may generally submit one application per appointment, but may schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants. The Director will use reasonable efforts to provide the applicant with an appointment within 5 working days after the Director receives a written request. Any application received without an appointment, whether delivered in -person, by mail or through any other means, will not be considered duly filed. 2.3.3.2 Pre -Submittal Conferences. The City strongly encourages, but does not require applicants to schedule and attend a pre -submittal conference with the Director for all proposed projects that involve the deployment of more than ten wireless facilities. This voluntary, pre -submittal conference does not cause the FCC Shot Clock to begin and is intended to streamline the review process through informal discussion that includes, without limitation, the appropriate project classification and review process; any latent issues in connection with the proposed project, including compliance with generally applicable rules for public health and safety; potential concealment issues or concerns (if applicable); coordination with other City departments responsible for application review; and application completeness issues. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications or other materials so that City staff may provide informal feedback and guidance about whether such applications or other materials may be incomplete or unacceptable. The Director will use reasonable efforts to provide the applicant with an appointment within 5 working days after receiving a written request and any applicable fee or deposit to reimburse the City for its reasonable costs to provide the services rendered in the pre -submittal conference. 2.3.4 Application Completeness Review. Within 30 calendar days after the Director receives a duly filed application, the Director will review the application for completeness and, if any application does not contain all the materials required in this Subsection 2.3 or any other publicly stated requirements, send a written notice to the applicant that identifies the missing or incomplete requirements. 2.35 Applications Deemed Withdrawn_ To promote efficient review and timely decisions, any application governed under this Subsection 2.3 will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the Department within 90 calendar days after the Director deems the application incomplete in a written notice to the applicant. The City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 10 of 64 gA1(�,pL'-I ►- m U r` C Director may, in the Director's discretion, grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the 90th day that shows good cause to grant the extension. Delays due to circumstances outside the applicant's reasonable control will be considered good cause to grant the extension. 2.3.6 Additional Requirements and Regulations. The City Council authorizes the Director to develop, publish and from time to time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the Director finds necessary, appropriate or useful for processing any application governed under this policy. The City Council further authorizes the Director to establish other reasonable rules and regulations for duly filed applications, which may include, without limitation, regular hours for appointments with applicants, as the Director deems necessary or appropriate to organize, document and manage the application intake process. All such requirements, materials, rules and regulations must be in written form and publicly stated to provide all interested parties with prior notice. 2.4 PERMIT -NOTICE AND FINDINGS 2.4.1 General Notice Requirements. 2.4.1.1 Director Approval. The Director will administratively review a complete and duly filed application for a WFR Permit governed under Subsection 2.3 in or adjacent to a residential zone and may act on such application not less than 10 calendar days after the applicant posts notice at the project site. The posted notice must contain (1) a general explanation of the proposed project, (2) the applicant's identification and contact information as provided on the application submitted to the City; (3) contact information for the Director and (4) other requirements as determined by the Director. On the same day that the applicant posts notice, the applicant must deliver written notice to the Director that shows the appropriate notice has been posted at the project site. The applicant is not required to post notice before the Directorwill administratively review a complete and duly filed application for a WFR Permit governed under Subsection 2.3 in or adjacent to any other zone. 2.4.1.2 Board of Zoning Adjustment Approval. Except as provided in this policy, public notice in accordance with Bakersfield Municipal Code Chapter 17.64 in addition to the posting requirements in Subsection 2.4.1.1 must be provided for all applications for a WFR Permit governed under Subsection 2.2.2. 2.4.2 Deemed -Approval Notice. Not more than 30 days before the applicable FCC Shot Clock expires, and in addition to any public notice required prior to a decision, an applicant for a WFR Permit must provide a posted notice at the project site that contains (1) a statement the project will be City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 11 of 64 4 r6AkF- "PIP O � rt t- m U r automatically deemed approved pursuant to California Government Code § 65964.1 unless the City approves or denies the application or the applicant voluntarily agrees to toll the timeframe for review within the next 30 days; (2) a general description for the proposed project; (3) the applicant's name and contact information as provided on the application submitted to the City; and (4) contact information for the Department. The public notice required under this subsection will be deemed given when the applicant delivers written notice to the Department that shows the appropriate notice has been posted at the project site. Notwithstanding anything to the contrary in this policy, the approval authority must be permitted to act on an application for a WFR Permit at any time so long as any applicable prior public notice in this Subsection 2.4 has occurred. 2.4.3 Decision Notice. Within 5 calendar days after the approval authority acts on a WFR Permit application governed under Section 2.3 or before the FCC Shot Clock expires (whichever occurs first), the approval authority or its designee must send a written notice to the applicant. In the event that the approval authority denies the application (with or without prejudice), the written notice to the applicant must contain (1) the reasons for the decision and (2) instructions for how and when to file an appeal. 2.4.4 Required Findings, No WFR Permit will be issued unless all of the following findings are made: 2.4.4.1 All notices required for the proposed installation have been given; and 2.4.4.2 The proposed facilities have been designed and located in compliance with all applicable provisions of this Section 2 including, but not limited to, all design and development regulations contained herein and those established by the Director, and 2.4.4.3 The applicant has demonstrated that its proposed wireless facility will be in compliance with all applicable FCC regulations and guidelines for human exposure to RF emissions; and 2.4.4.4 The applicant has provided sufficient evidence supporting the applicant's claim that it has the right to enter the public right-of-way pursuant to state or federal law, or the applicant has entered into a franchise agreement with the City, permitting it to use the public right-of-way; and 2.4.4.5 The applicant has proposed to place the wireless facility in the most -preferred location or, if the wireless facility is not proposed in the most -preferred location, the applicant has demonstrated a good -faith effort to identify and evaluate more -preferred alternative locations through a meaningful comparative analysis; and City of Bakersfield Wireless Facilities in the Pubic Right of Way Deployment Policy Page gAkF�� ", r m v � OF11t31fJLr1 2.4.4.6 The applicant has provided the approval authority with a meaningful comparative analysis that shows all more -preferred alternative designs identified in the administrative record are either technically infeasible or unavailable. 2.4.5 Conditional Approvals; Denials without Prejudice. Subject to any applicable federal or California laws, nothing in this Section 2 is intended to limit the approval authority's ability to conditionally approve or deny without prejudice any WFR Permit application governed under Subsection 2.3 as may be necessary or appropriate to protect and promote the public health, safety and welfare, and to advance the goals or policies in the General Plan and any specific plan, the Bakersfield Municipal Code and/or this policy. 2.4.6 Limited Exception. In the event that an applicant claims that strict compliance with the standards in this Section 2 would effectively prohibit the applicant's ability to provide personal wireless services, the Board of Zoning Adjustment may grant a limited exception from such requirements in accordance with this subsection. 2.4.6.1 Required Findings for a Limited Exception. The Board of Zoning Adjustment must not grant any limited exception unless the applicant shows that: 2.4.6.1.1 the proposed wireless facility qualifies as a "personal wireless service facility" as defined in 47 U.S.C. § 332(c)(7)(C)(ii), as may be amended or superseded; and 2.4.6.1.2 the applicant has provided the Board of Zoning Adjustment with a reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility; and 2.4.6.1.3 the applicant has provided the Board of Zoning Adjustment with a written statement that contains a detailed and fact -specific explanation as to why the proposed wireless facility cannot be deployed in compliance with the applicable provisions in this Section 2; and 2.4.6.1.4 the applicant has provided the Board of Zoning Adjustment with a meaningful comparative analysis with the factual reasons why all alternative locations and/or designs identified in the administrative record (whether suggested by the applicant, the City, public comments or any other source) are not technically feasible or potentially available to reasonably achieve the applicant's reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility; and City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 13aofOkF� r l•�fdlc��MAL 2.4.6.1.5 the applicant has demonstrated to the Board of Zoning Adjustment that the proposed location and design is the least non -compliant configuration that will reasonably achieve the applicant's reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility, which includes, without limitation, a meaningful comparative analysis into multiple smaller or less intrusive wireless facilities dispersed throughout the intended service area. 2.4.6.2 Scope. Any limited exception must be narrowly tailored to ensure that any deviations from the standards in this Section 2 are no greater than necessary to avoid an effective prohibition of the applicant's personal wireless services. Limited exceptions must be based on the facts and circumstances of the applicant, its demonstrated technical service objectives at the time the exception is granted and the proposed wireless facility, and must not be deemed to establish any precedent for similar deviations for the same or any other applicant, location or wireless facility. 2.5 PERMIT -TRANSFER Transfer of a WFR permit issued pursuant to this subsection is prohibited and voids the WFR Permit unless the permittee first notifies the Director, in writing, of the proposed transfer, satisfies the requirements imposed by the Director for the transfer to be effective and the Director approves of the transfer in writing. 2.6 DESIGN AND DEVELOPMENT REGULATIONS —LOCATION STANDARDS 2.6.1 Preferred Locations. All new wireless facilities in the public rights -of -way must be sited in the following locations, ordered from most preferred to least preferred: 2.6.1.1 locations within commercial or industrial zones on or along arterial roads; 2.6.1.2 locations within commercial or industrial zones on or along collector roads; 2.6.1.3 locations within commercial or industrial zones on or along local roads; 2.6.1.4 locations within residential zones on or along arterial roads; 2.6.1.5 locations within residential zones on or along collector roads; then 2.6.1.6 any location in any zone within 250 feet from any structure approved for a residential use. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment policy Page 14 of 64 o`` OAkfi,�s -ri F-- m � r- C L'181nw... 2.6.2 Support Structures in the Public Rights -of -Way. The City prefers small wireless facilities to be installed on support structures in the public rights -of -way, ordered from most preferred to least preferred, as follows. 2.6.2.1 existing or replacement streetlight poles; 2.6.2.2 existing or replacement wood utility poles; 2.6.2.3 new, non -replacement streetlight poles; then 2.6.2.4 new, non -replacement poles for small wireless facilities. 2.6.3 Prohibited Support Structures. The City prohibits small wireless facilities to be installed on the following support structures, whether located in the public rights -of -way or not: 2.6.3.1 decorative poles; 2.6.3.2 traffic signals, signs, poles, cabinets and related devices; 2.6.3.3 any utility pole scheduled for removal or relocation within 12 months from the time the approval authority acts on the WFR Permit application; and 2.6.3.4 new, non -replacement wood poles. 2.6.4 The approval authority may take into consideration whether any more preferred locations are technically feasible and potentially available. For purposes of this Subsection 2.6, a location within the public rights -of -way will be deemed to have the same zoning classification as the nearest private property parcel. 2.6.S Discouraged Locations, The City strongly discourages new wireless facilities in the public rights -of - way in the following locations when a technically feasible and potentially available alternative in a "preferred" location exists. Any application for a new wireless facility in the following "discouraged" locations must not be approved without a limited exception granted by the review authority pursuant to Subsection 2.4.6. 2.6.5.1 Kern River Parkway; 2.6.5.2 Corridors with decorative lighting and streetscaping; and City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 15 of 64 A Kt- � r YlO �r�rw�n� 2.6.5.3 Structures that are historic or potentially historic or have been deemed architecturally significant. 2.7 DESIGN AND DEVELOPMENT REGULATIONS -DESIGN STANDARDS 2.7.1 General Design Standards. 2.7.1.1 Concealment. Wireless facilities in the public rights -of -way must be concealed, screened and camouflaged to the maximum extent feasible with design elements and techniques that mimic or blend with the underlying support structure, surrounding environment and adjacent uses in terms of color, size, proportion, style and quality. In addition, wireless facilities in the rights -of -way must not unreasonably subject the public use, for any purpose including expressive or aesthetic purposes, to inconvenience, discomfort, trouble, annoyance, hindrance, impediment or obstruction. 2.7.1.2 Overall Height. Wireless facilities in the public rights -of -way may not exceed either (a) the minimum separation from supply lines required by CPUC General Order 95, as may be amended or superseded, plus 4 feet or (b) 4 feet above the height of the existing support structure. To the extent that, in the City's discretion, the 4-foot height allowance would cause the applicant's wireless facility to be materially incompatible with the overall height or appearance of the surrounding support structures in the public right- of-way, the City may require the applicant to propose an alternative design (such as mounting the antenna(s) on the side of the pole) or location to the extent technically feasible. No new pole may exceed 28 feet in height. 2.7.1.3 Encroachments over Private Property. Wireless facilities in the public rights -of -way may not encroach onto or over any private property without the property owner's express written consent. 2.7.1.4 Noise. At no time may noise from any wireless facilities, accessory equipment or transmission equipment exceed an exterior noise level of fifty-five decibels, three feet from the source of the noise, if the facility is located within the public right-of-way; provided, however, that for any such facility located within five hundred feet of any property zoned residential or improved with a residential use, such equipment noise must not exceed forty-five decibels three feet from the sources of the noise. The City may require the permittee to incorporate appropriate noise -baffling materials and/or strategies whenever necessary to avoid any ambient noise from equipment (such as backup power generators) reasonably likely to exceed the applicable limit. In the event that a duly authorized federal, state, county or City official declares an emergency within a region that includes the City in whole or in part, backup power generators may exceed City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 16 of -n m the applicable noise control standards and regulations in the affected part of the City to the extent reasonably necessary to operate the facility until the declared emergency is lifted or power is restored to the affected facility. 2.7.1.5 Lights. Wireless facilities in the public rights -of -way may not include exterior lights other than as may be required under FAA, FCC, other applicable governmental regulations or applicable pole owner policies related to public or worker safety. All exterior lights permitted or required to be installed must be installed in locations and within enclosures that mitigate illumination impacts on other properties to the maximum extent feasible. Any lights associated with the electronic equipment (such as status or indicator lights) must be appropriately shielded from public view. The provisions in this subsection may not be interpreted to prohibit installations on streetlights or the installation of luminaires on new poles when required by the City. 2.7.1.6 Landscape Features. The permittee must replace any landscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by the permittee or at the permittee's direction on or about the site to the satisfaction of the Director. The permittee will, at all times, be responsible to maintain any replacement landscape features during a plant establishment period of 1 year or as determined by the Director. 2.7.11 Site Security Measures. Wireless facilities in the public rights -of -way may incorporate reasonable and appropriate site security measures, such as locks and anti -climbing devices, to prevent unauthorized access, theft or vandalism that would result in hazardous situations, visual blight or attractive nuisances. All wireless facilities must be constructed from graffiti -resistant materials. The City may require additional concealment elements as the City finds necessary to blend the security measures and other improvements into the natural and/or built environment. The City will not approve barbed wire, razor ribbon, electrified fences or any similar security measures. 2.7.1.8 Backup Power Sources. The City prohibits backup power sources installed on the ground within the public rights -of -way unless installed underground. Backup power sources may be temporarily allowed on the ground within the public rights -of -way in duly declared emergencies. 2.7.1.9 Signage; Advertisements. Wireless facilities in the public rights -of -way must include signage in a format and size that accurately identifies the equipment owner/operator, the owner/operator's site name or identification number and a toll -free number to the owner/operator's network operations center. If the wireless facilities are installed on a pole, the sign outlined above must be installed on the pole or wireless facilities between City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 17 of 64 4� 6A k��cP .a -n r m C 8 feet and 10 feet from the ground on the street side of the pole. Wireless facilities may not bear any other signage or advertisements unless expressly approved by the City, required by law or recommended under FCC or other United States governmental agencies for compliance with RF emissions regulations. 2.7.1.10 Future Collocations and Equipment. To the extent feasible and aesthetically desirable, all new wireless facilities in the public rights -of -way should be designed and sited in a manner that accommodates potential future collocations and equipment installations that can be integrated into the proposed wireless facility or its associated structures with no or negligible visual changes to the outward appearance. The City may waive the requirements in this subsection when it determines future collocations at a proposed wireless facility would be aesthetically undesirable. 2.7.1.11 Utilities. Unless otherwise approved by the City and to the extent feasible: (A) all cables and connectors for telephone, primary electric and other similar utilities must be routed underground to the extent feasible in conduits large enough to accommodate future collocated wireless facilities; (8) undergrounded cables and wires must transition directly into the pole base without any external doghouse; and (C) meters, panels, disconnect switches and other associated improvements must be placed in inconspicuous locations. The City will not approve new overhead utility lines or service drops merely because compliance with the undergrounding requirements would increase the project cost. Microwave or other wireless backhaul is discouraged when it would involve a separate and unconcealed antenna. 2.7.1.12 Public Safety. All wireless facilities in the public rights -of -way and any associated equipment or improvements must not physically interfere with or impede access to any: (A) worker access to any above -ground or underground infrastructure for traffic control, streetlight or public transportation, including without limitation any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, barricade reflectors; (B) access to any public transportation vehicles, shelters, street furniture or other improvements at any public transportation stop; (C) worker access to above- ground or underground infrastructure owned or operated by any public or private utility agency; (D) fire hydrant or water valve; (E) access to any doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building appurtenant to the rights -of -way; or (F) access to any fire escape. 2.7.1.13 Compliance with CPUC Safety and Loading Standards. All wireless facilities in the public rights -of -way must comply with all applicable CPUC general orders, which includes without limitation CPUC General Order 95 and CPUC General Order 128, as may be revised or superseded in the future, and the rules, regulations, and other requirements City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 18 o �fNe i-- m L7 r C C7FtlGlhl.n( adopted or enacted by the CPUC under such general orders. Each wireless facility must be properly engineered to withstand wind and seismic loading consistent with the foregoing requirements and any applicable safety standards including without limitation the building code, electric code, National Electric Safety Code, and Pacific Gas and Electric Company service requirements and technical bulletins, as may be revised or superseded. Where any conflict exists between the CPUC general orders, Pacific Gas and Electric Company requirements and safety standards, the more stringent requirements will apply, as determined by the City_ For modifications to existing wireless facilities or attachments to existing support structures, an evaluation of lateral load capacity must include the impact of the proposed facility on the total structure load capacity. 2.7.2 Pole -Mounted Wireless Facilities. 2.7.2.1 Support Structures. 2.7.2.1.1 Preferred Support Structures. New wireless facilities in the public rights -of - way must be installed on existing or replacement support structures whenever feasible. The City may require an existing support structure to be replaced if the proposed wireless facility on a replacement support structure would be more consistent with the provisions and objectives in this Section 2. Replacement support structures must be substantially similar to the original support structure in material, size, diameter, shape, functionality and appearance. All installations on utility poles must fully comply with the California Public Utilities Commission general orders, including, but not limited to, General Order 95, as may be revised or superseded. 2.7.2.1.2 Discouraged Support Structures. The City will not approve any new, non - replacement support structures unless: (i) the applicant demonstrates that above -ground support structures within 500 feet from the proposed site location either do not exist or are not technically feasible or potentially available to the applicant; or (i7 the City specifically finds that a new, non - replacement support structure would be more aesthetically desirable and more consistent with the provisions and objectives in this Section 2 than installations on existing or replacement structures near the project site. If the City determines that a new pole is required, Subsection 2.7.2.1.4 will apply. The City will have the discretion to require that any new support structure must be concealed as decorative street furniture and/or a streetlight that conforms to the City's streetlight standards and specifications, which the City will maintain for street illumination and public safety purposes. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 19 of 64 O� A /Q�s U � 2.7.2.1.3 Prohibited Support Structures. New wireless facilities in the public rights -of - way may not be installed on any traffic signals, street signs or decorative streetlights. 2.7.2.1.4 New Pales. A new pole must be designed to resemble existing poles in the right-of-way near that location, including size, height, color, materials and style, as required by the City, provided, however, that the City reserves the right to prohibit new, non -replacement wood poles. New poles that are not replacement poles must be located at least 200 feet away from any existing pole to the extent feasible. A new pole justification analysis must be submitted to demonstrate (i) why existing infrastructure cannot be utilized and (H) that the new pole is the least intrusive means possible including a demonstration that the new pole is designed to be the minimum functional height and width required to support the proposed facility. 2.7.2.2 Antennas. 2.7.2.2.1 Installation Preferences. To the extent feasible, antennas must be installed utilizing the least amount of space necessary. It is preferred that antennas be installed above the pole using the least visible equipment possible with elements flush -mounted and concealed, to the extent feasible. Side - mounted antennas installed on stand-off brackets may be approved by the City but only when the applicant demonstrates that it would be technically infeasible to install the antennas above the pole. Antennas installed on wooden cross arms are prohibited. 2.7.2.2.2 Pole -Top Antennas. Antenna(s) installed above the pole must be concealed within a single, canister -style shroud that tapers to the pole. The cable connections, antenna mount and other hardware must be concealed within the antenna shroud or other cable and mounting bracket shroud_ GPS antennas, data transport or backhaul antennas and other similar antennas must be placed within the antenna shroud or otherwise concealed from public view through other techniques. All cables must be run within the interior of the pole and must be camouflaged or hidden to the fullest extent feasible. The maximum vertical separation between the antenna and the pole will be the minimum separation required by applicable health and safety regulations (such as CPUC General Order 95). 2.7.2.2.3 Side -Mounted Antennas. Side -mounted antennas on a stand-off bracket must be concealed within a shroud. All cables, wires and other connectors City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 20 of 64 �-- m cJ 2.7.2.3 must be concealed within the side -arm mount or other extension arm(s) to the extent feasible. The maximum horizontal separation between the antenna and the pole will be the minimum separation required by applicable health and safety regulations (such as CPUC General Order 95). 2.7.2.2.4 Antenna Volume. Each antenna associated with a wireless facility in the public rights -of -way must not exceed 3 cubic feet in volume, and the cumulative volume for all antennas associated with a wireless facility in the public rights -of -way must not exceed 6 cubic feet in total volume. The volume calculation includes any shroud, radome or other concealment device used in connection with the antenna. Accessory Equipment. 2.7.2.3.1 Installation Preferences. All non -antenna accessory equipment must be designed to occupy the least amount of space in the right-of-way that is technically feasible. All permittees should, to the extent feasible, install non - antenna accessory equipment according to the following preferences, ordered from most preferred to least preferred: (i) pole -mounted; (it) undergrounded; (iii) base -mounted; and (iv) ground -mounted. 2.7.2.3.2 Pole -Mounted Accessory Equipment. All pole -mounted equipment must be installed flush to the pole to minimize the overall visual profile. If any applicable health and safety regulations prohibit flush -mounted equipment, the maximum separation between the equipment and the pole will be the minimum separation required by such regulations. All pole -mounted equipment and required or permitted signage must be placed and oriented in a manner that minimizes visibility from adjacent sidewalks and structures to the extent feasible. Pole -mounted equipment may be installed behind existing or new street, traffic or other signs subject to the City's discretion. All cables, wires, and other connectors must be routed through conduits within the pole whenever possible, and all conduit attachments, cables, wires and other connectors must be concealed from public view to the extent feasible. To the extent that cables, wires and other connectors cannot be routed through the pole, permittees must route them through a single external conduit or shroud that has been finished to match the underlying support structure. Publicly visible spools, service loops, excess cable or fiber on aerial strand and "snow shoes" on the support structure are prohibited. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 21 �4� G 2.7.2.3.3 Undergrounded Accessory Equipment. To conceal the equipment to the maximum degree feasible, permittees must install all accessory equipment underground in any area in which the existing utilities are primarily located underground. In all other areas, permittees must install all equipment (other than the antenna) underground when the City finds substantial evidence in the written record that above -ground equipment would incommode the public's use of the rights -of -way. When determining whether to require undergrounded equipment, the City will take into account whether and to what extent there are existing aboveground utilities in proximity to the proposed site location. Vents for airflow must be flush -to -grade when placed within the sidewalk, and may not exceed two feet above grade when placed off the sidewalk. Unless the permittee can demonstrate a severe economic hardship, mere additional expense to install and maintain an underground equipment enclosure does not exempt a permittee from the requirements in this subsection. 2.7.2.3.4 Base -Mounted Accessory Equipment. Base -mounted equipment shrouds or enclosures must be integrated into the support structure, reasonably proportional in size and consistent with the underlying support structure's design and finishes. All cables, wires and other connectors routed between the antenna and base --mounted equipment must be concealed from public view. 2.7.2.3.5 Ground -Mounted Accessory Equipment. To the extent that the equipment cannot be placed in the City's more -preferred locations, permittees may be permitted to install the accessory equipment within a single, low -profile shroud or cabinet in a location that does not obstruct pedestrian or vehicular traffic. All ground -mounted equipment must be placed in the least conspicuous location available within a reasonable distance from the pole. The City may condition approval on new or enhanced landscape features to conceal ground -mounted equipment. The equipment shroud or cabinet must contain all the equipment associated with the facility other than the antenna. All cables and conduits associated with the equipment must be concealed from view, routed directly through any concrete, metal, or composite pole and undergrounded between the pole and the ground - mounted cabinet. The City may require the applicant to incorporate concealment elements into the proposed design. Concealment may include, but will not be limited to, public art displayed on the cabinet, installing a replacement pole with a decorative base for equipment concealment, strategic placement in less obtrusive locations, and placement within existing City of Bakersfield wireless Facilities in the Public Right of Way Deployment Policy Page 22 of 64 $AkF9 r- rr ti or replacement street furniture such as a bus stop bench or trash bin specifically designed to conceal transmission equipment. 2.7.2.3.6 Accessory Equipment Volume. All non -antenna accessory equipment associated with a wireless facility installed on or above ground level in the public rights -of -way must not cumulatively exceed 17 cubic feet in volume. The volume calculation includes any shroud, cabinet or other concealment device used in connection with the non -antenna accessory equipment. The volume calculation does not include any equipment or other improvements placed underground or fully concealed within street furniture compatible with the built and/or natural environment in the vicinity. Depending on the context, such street furniture may include, without limitation, trash bins, mailboxes, benches, and bus shelters. 2.7.3 Strand -Mounted Wireless Facilities. 2.7.3.1 Placement. No more than one strand -mounted wireless facility may be installed on any single span between two poles. The approval authority may not approve any ground - mounted equipment in connection with any strand -mounted wireless facility. All equipment and other improvements associated with a strand -mounted wireless facility must comply with all applicable health and safety regulations. 2.7.3.2 Equipment Volume. Strand -mounted wireless facilities may not exceed 5 cubic feet in total volume. All strand -mounted accessory equipment must be placed within a single shroud not to exceed 3 cubic feet in volume. 2.7.3.3 Finishes. All strand -mounted equipment must be finished in a non -reflective grey subject to the City's discretion. Any accessory equipment mounted on the pole must be painted and textured to match the underlying pole. 2.7.4 Administrative Design and Engineering Standards. The Director may develop, and from time to time amend, design and engineering standards consistent with the generally applicable design regulations to clarify the aesthetic and public safety goals and standards in this Section 2 for City staff, applicants and the public. In the event that a conflict arises between the design regulations adapted under this subsection and the administrative design and engineering standards adopted under Subsection 2.7, the regulations under this subsection will control, City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 23 of 64 04 zAKe �. fi 2.8 STANDARD CONDITIONS OF APPROVAL In addition to all other conditions adopted by the approval authority, all WFR Permits, whether approved by the approval authority or deemed approved by the operation of law, will be automatically subject to the conditions in this subsection. The approval authority (or the appellate authority) will have discretion to modify or amend any standard conditions of approval on a case - by -case basis as may be necessary or appropriate to protect and promote the public health, safety and welfare, allow for the proper operation of the approved wireless facility, maintain compliance with applicable laws and/or to advance the goals or policies in the General Plan and any specific plan, the Bakersfield Municipal Cade and/or this policy. 2.8.1 Permit Term. This permit will automatically expire 10 years and one day from its issuance, except when California Government Code § 65964(b), as may be amended or superseded in the future, authorizes the City to establish a shorter term for public safety or substantial land use reasons. Any other permits or approvals issued in connection with any collocation, modification or other change to this wireless facility, which includes without limitation any permits or other approvals deemed - granted or deemed -approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law. 2.8.2 Permit Renewal. Within 1 year before the expiration date of this permit, the permittee may submit an application for permit renewal. To be eligible for administrative review and renewal, the permittee must demonstrate that (a) the subject wireless facility is in compliance with all the conditions of approval associated with the permit and all applicable provisions in the Bakersfield Municipal Code and this policy that exist at the time the decision to renew the permit is rendered or (b) the permit was issued as an administrative permit in the first instance. Notwithstanding the foregoing, the Director may refer any application for a permit renewal to the Board of Zoning Adjustment when the Director determines that the application raises a significant policy or design issue. If the City administratively issued this permit in the first instance, the Director will have discretion to modify or amend the conditions of approval for permit renewal on a case -by -case basis as may be necessary or appropriate to protect and promote the public health, safety and welfare, allow for the proper operation of the approved wireless facility, maintain compliance with applicable laws and/or to advance the goals or policies in the General Plan and any specific plan, the Bakersfield Municipal Code and/or this policy. Upon renewal, this permit will automatically expire 10 years and one day from its issuance, except when California Government Code § 65964(b), as may be amended or superseded in the future, authorizes the City to establish a shorter term for public safety or substantial land use reasons. 2.8.3 Compliance with Approved Plans. Before the permittee submits any applications to the Building Division required to commence construction in connection with the permit, the permittee must incorporate the permit, all conditions associated with this permit and the approved photo City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 24 of 64 q� eAKe c simulations into the project plans {the "Approved Plans°. The permittee must construct, install and operate the wireless facility in substantial compliance with the Approved Plans. Any alterations, modifications or other changes to the Approved Plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless facility, must be submitted in a written request subject to the Director's prior review and approval, who may refer the request to the original approval authority if the Director finds that the requested alteration, modification or other change substantially deviates from the Approved Plans or implicates a significant or substantial land -use concern. 2.8.4 Build -Out Period. The permit will automatically expire 1 year from the approval or deemed -granted date unless the permittee obtains all other permits and approvals required to install, construct and/or operate the approved wireless facility, which includes without limitation any permits or approvals required by the any federal, state or local public agencies with jurisdiction over the subject property, the wireless facility or its use. The Director may grant 1 written extension to a date certain, but not to exceed 1 additional year, when the permittee shows good cause to extend the limitations period in a written request for an extension submitted at least 30 days prior to the automatic expiration date in this condition. 2.8.5 Site Maintenance. The permittee must keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, dean and safe condition in accordance with the Approved Plans and all conditions in this permit. The permittee must keep the site area free from all litter and debris at all times. The permittee, at no cost to the City, must remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred. 2.8.6 Compliance with Laws. The permittee must maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law {`Laws"} applicable to the permittee, the subject property, the wireless facility or any use or activities in connection with the use authorized in the permit, which includes without limitation any Laws applicable to human exposure to RF emissions. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee's obligations to maintain compliance with all Laws, In the event that the City fails to timely notice, prompt or enforce compliance with any applicable provision in the Bakersfield Municipal Code, any permit, any permit condition or any applicable law or regulation, the applicant or permittee will not be relieved from its obligation to comply in all respects with all applicable provisions in the Bakersfield Municipal Code, any permit, any permit condition or any applicable law or regulation. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 25 of 64 F-- m U � 2.8.7 Adverse Impacts on Other Properties. The permittee must use all reasonable efforts to avoid any and all unreasonable, undue or unnecessary adverse impacts on nearby properties that may arise from the permittee's or its authorized personnel's construction, installation, operation, modification, maintenance, repair, removal and/or other activities on or about the site. The permittee must not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction work hours authorized by the Bakersfield Municipal Code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the City or other state or federal government agency or official with authority to declare a state of emergency within the City. The Director may issue a stop work order for any activities that violates this condition in whole or in part. 2.8.8 Inspections; Emergencies. The permittee expressly acknowledges and agrees that the City's officers, officials, staff or other designees may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee, or at any time during an emergency. The City's officers, officials, staff or other designees may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee, if present, may observe the City's officers, officials, staff or other designees while any such inspection or emergency access occurs. 2.8.9 Permittee`s Contact Information. The permittee must furnish the Director with accurate and up- to-date contact information for a person responsible for the wireless facility, which includes without limitation such person's full name, title, direct telephone number, facsimile number, mailing address and email address. The permittee must keep such contact information up-to-date at all times and immediately provide the Director with updated contact information in the event that either the responsible person or such person's contact information changes. 2.8.10 Indemnification. The permittee must defend, indemnify and hold harmless the City, City Council and City boards, commissions, agents, officers, officials, employees and volunteers from any and all (1) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, writs and other actions or proceedings rClaims") brought against the City or its agents, officers, officials, employees or volunteers to challenge, attack, seek to modify, set aside, void or annul the City's approval of this permit, and (2) other Claims of any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee`s or its agents', directors', officers', employees', contractors', subcontractors', licensees', or customers' acts or omissions in connection with this permit or the wireless facility. In the event the City becomes aware of any Claims, the City will use best efforts to promptly notify the permittee and must reasonably cooperate in the defense. The permittee expressly acknowledges and agrees City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 26 of 4 F,p 0 a U �� that the City must have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and the permittee must promptly reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The permittee expressly acknowledges and agrees that the permittee's indemnification obligations under this condition are a material consideration that motivates the City to approve this permit, and that such indemnification obligations will survive the expiration or revocation of this permit. 2.8.11 Performance Bond. Before the Building Division issues any permits required to commence construction in connection with this permit, the permittee must post a performance bond from a surety and in a form acceptable to the Director in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facilities removal The written estimate must include the cost to remove all equipment and other improvements, which includes without limitation all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings and foundations, whether above ground or below ground, constructed or installed in connection with the wireless facility, plus the cost to completely restore any areas affected by the removal work to a standard compliant with applicable laws. In establishing or adjusting the bond amount required under this condition, and in accordance with California Government Code § 65964(a), the Director must take into consideration any information provided by the permittee regarding the cost to remove the wireless facility to a standard compliant with applicable laws. The performance bond must expressly survive the duration of the permit term to the extent required to effectuate a complete removal of the subject wireless facility in accordance with this condition. 2.8.12 Permit Revocation. In accordance with the Bakersfield Municipal Code, the City may recall the permit for review at any time due to complaints about noncompliance with applicable laws or any approval conditions attached to the permit. At a duly noticed public hearing and in accordance with all applicable laws, the approval authority may revoke this permit or amend these conditions as the approval authority deems necessary or appropriate to correct any such noncompliance. 2.8.13 Record Retention. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the wireless facility, which includes without limitation this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee. The permittee may keep electronic records, provided, however, that hard copies or electronic records kept in the City's regular files will control over any conflicts between such City -controlled copies or records and the permittee's electronic copies, and complete originals will control over all other copies in any form. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 27 of 64 F AkF;Q O o v C: f1L7It%IFL. A . 2.8.14 Abandoned Wireless Facilities. Wireless facilities authorized under a permit will be deemed abandoned if not operated for any continuous six-month period. Within 90 days after a wireless facility is abandoned or deemed abandoned, the permittee must completely remove the wireless facility and all related improvements and must restore all affected areas to a condition compliant with all applicable laws, which includes, without limitation, the Bakersfield Municipal Code. In the event that the permittee does not comply with the removal and restoration obligations under this condition within the 90-day period, the City will have the right (but not the obligation) to perform such removal and restoration with or without notice, and the permittee will be liable for all costs and expenses incurred by the City in connection with such removal and/or restoration activities. 2.8.15 Future Undergrounding Projects. In the event that other public utilities or communications providers in the public right-of-way underground their facilities in the segment of the public right- of-way where the permittee's wireless facility is located, the permittee must underground its equipment except the antennas and antenna supports. Such undergrounding must occur at the permittee's sole cost and expense except as reimbursed pursuant to law. 2.8.16 Electric Meter Upgrades. In the event that the commercial electric utility provider adopts or changes its rules obviating the need for a separate or ground -mounted electric meter and enclosure, the permittee on its own initiative and at its sole cost and expense must remove the separate or ground -mounted electric meter and enclosure. Prior to removing the electric meter, the permittee must apply for any encroachment and/or other ministerial permit(s) required to perform the removal. Upon removal, the permittee must restore the affected area to its original condition that existed prior to installation of the equipment. 2.8.17 Rearrangement and Relocation. The permittee acknowledges that the City, in its sole discretion and at any time, may: (1) change any street grade, width or location; (2) add, remove or otherwise change any improvements in, on, under or along any street owned by the City or any other public agency, which includes, without limitation, any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas, water, electric or telecommunications; and/or (3) perform any other work deemed necessary, useful or desirable by the City (collectively, "City Work"). The City reserves the rights to do any and all City Work without any admission on its part that the City would not have such rights without the express reservation in this permit. In the event that the Director determines that any City Work will require the permittee's wireless facility located in the public right-of-way to be rearranged and/or relocated, the permittee must, at its sole cost and expense, do or cause to be done all things necessary to accomplish such rearrangement and/or relocation. If the permittee fails or refuses to either permanently or temporarily rearrange and/or relocate the permittee's wireless facility within a reasonable time after the Director's notice, the City may (but will not be obligated to) cause the rearrangement or relocation to be performed at the permittee's sole cost and expense. The City may exercise its rights to rearrange or relocate the permittee's wireless facility without prior notice to permittee when the Director determines that City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 28 of 6%AkF o � a. �T ti in J ORIGINAL the City Work is immediately necessary to protect public health or safety, The permittee must reimburse the City for all costs and expenses in connection with such work within 10 days after a written demand for reimbursement and reasonable documentation to support such costs. In addition, the permittee must indemnify, defend and hold the City, its agents, officers, officials, employees and volunteers harmless from and against any Claims in connection with rearranging or relocating the permittee's facility, or turning on or off any water, oil, gas, electricity or other utility service in connection with the permittee's facility. 2.9 REMOVAL OF FACILITIES -PERMIT EXPIRATION, EARLIER TERMINATION OR REVOCATION OR ABANDONMENT OF FACILITIES 2.9.1 Upon the expiration date of a WFR Permit, earlier termination or revocation of the WFR Permit or abandonment of the facilities, the permittee, owner or operator must remove the facilities and restore the site to its natural condition except for any improvements the Director determines should remain. Removal must be in accordance with proper health and safety requirements and all ordinances, rules and regulations of the City. The facilities must be removed from the property, at no cost or expense to the City. Failure of the permittee, owner or operator to promptly remove its facilities and restore the property within ninety days after expiration, earlier termination or revocation of the WFR Permit or abandonment of the facilities, will be a violation of this policy unless the deadline to remove the facilities is extended by the Director upon a showing of good cause_ Failure to abide by the timeline provided in this Subsection 2.9 will be grounds for any or all of the following: 2.9.1.1 Acting on any required bond or other security; 2.9.1.2 Removal of the facilities by the City in accordance with the procedures established herein or under the City's nuisance abatement procedures at the owner's expense; and/or 2.9.1.3 Any other remedies permitted under this code or any other applicable law. 2.9.2 In addition to the procedures for recovering costs of nuisance abatement, the City may collect such costs from the performance bond posted and, to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with this code. 2.9.3 If the City removes facilities in accordance with this Subsection 2.9, any such removal must be without any liability to the City for any damage to such facilities that may result from reasonable efforts of removal. Neither the permittee, owner nor operator will have any claim against the City for that damage. Unless otherwise provided herein, the City has no obligation to store such facilities. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 29 of 64 t- m U � 2.10 MODIFICATION OR REMOVAL OF FACILITIES -EXIGENT CIRCUMSTANCES 2.10.1 If the Director determines that the condition or placement of facilities located within the public right-of-way constitutes an exigent circumstance requiring modification or removal of some or all of the facilities, the Director may cause the facilities to be modified or removed summarily and immediately without advance notice or a hearing. Within five business days of the modification or removal, the Director will serve written notice of the modification or removal, including the basis for the modification or removal, upon the permittee and person who owns the facilities. If feasible, facilities removed will be preserved for pick-up by the owner; provided, however, that if the owner cannot be identified following reasonable effort or if the owner fails to claim the removed facilities within 60 days, the facilities will be treated as abandoned property and disposed of as determined appropriate by the Director. 2.10.2 if the Director determines that exigent circumstances exist that require a modification or removal of facilities but that removal under Subsection 2.10 is not necessary, the Director will notify the permittee and owner of the decision and provide a deadline for the modification or removal of the facilities. If the permittee or owner fails to modify or remove the facilities within the time designated by the Director, the City may exercise any or all of the available remedies under -.: Subsection 2.10. 2.11 MODIFICATION OR REMOVAL OF FACILITIES -CONFLICTS WITH OTHER PUBLIC RIGHTS -OF -WAY USES 2.11.1 Permittee must modify or remove its facilities, or any portion thereof, without cost or expense to the City, if and when made necessary by any of the following: 2.11.1.1 Any public improvement project, including, but not limited to, the construction, maintenance or operation of any underground or above -ground equipment including, but not limited to, sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by the City or any other public agency, 2,11.1.2 Any abandonment of any street, sidewalk or other public facility, or 2.11.1.3 Any change of grade, alignment or width of any street, sidewalk or other public facility. 2.11.2 Such modification or removal of the facilities must be completed within 90 days of notification by the City unless exigencies dictate a shorter period for the modification or removal. Modification or relocation of the facilities must require submittal, review and approval of a new WFR Permit. City of Bakersfield Tireless Facilities in the Public Right of Way Deployment Policy Page 30 of 64 ��gAKFhs U L� 2.11.3 If the facilities are not modified or removed within the period of time outlined above, the City may exercise any or all of the available remedies under this Section 2. 2.12 NONCONFORMING FACILITIES Preexisting facilities that do not conform to this policy must, within ten years from the date such facilities become nonconforming, be brought into conformity with all requirements of this Section 2; provided, however, that should the owner desire to expand or modify the facilities, intensify the use or make some other change in a conditional use, the owner must comply with all applicable provisions of this code at such time, including, but not limited to, securing a WFR Permit under this Section 2, to the extent the City can require such compliance under federal and state law. The Director may grant a written extension to a date certain when the wireless facility owner shows (1) a good faith effort to cure non-conformance; (2) the application of this subsection would violate applicable laws; or (3) extreme economic hardship would result from strict compliance with the 10- year conformance period. Any extension must be the minimum time period necessary to avoid such extreme economic hardship. The Director may not grant any permanent exemption from this subsection. Nothing in this subsection is intended or may be applied to prohibit any collocation or s modification covered under 47 U.S.C. § 1455(a) on the basis that the subject wireless facility is a legal nonconforming wireless facility. 2.13 CELLS ON WHEELS DEPLOYMENT A cell on wheels will be permitted for the duration of an emergency declared by the City or at the discretion of the Director. 2.14 APPEAL 2.14.1 Any decision or action of the Director provided for herein will be final unless, within 10 calendar days after the decision, the decision is appealed to the Board of Zoning Adjustment by paying the required appeal fee and detailing, in writing, the decision being appealed and the specific reasons why the appellant believes the decision or action from which the appeal is taken should not be upheld; provided, however, that appeals from an approval must not be permitted when based solely on the environmental effects from radio frequency emissions that are compliant with applicable FCC regulations and guidelines. The appeal must be filed with the City Clerk along with the required fee. If the circumstances surrounding the appeal require public notice, notice of the appeal hearing must be given as set forth in Bakersfield Municipal Code Section 17.64.050. 2.14.2 Any decision or action of the Board of Zoning Adjustment provided for herein will be final unless, within 10 calendar days after the decision, the decision is appealed to the City Council by paying City of Bakersfield wireless Facilities in the Public Right of Way Deployment Policy Page 31 of v r nRIGlnraf� the required appeal fee and complying with the provisions of Bakersfield Municipal Code Section 17.64.090. The City Council may hear the appeal de novo and, in approving a WFR Permit, may deviate from the design and development regulations set forth herein as necessary to comply with state and/or federal requirements. ELIGIBLE FACILITIES REQUESTS 3.1 APPLICABILITY; REQUIRED PERMITS AND APPROVALS 3.1.1 Applicability. Notwithstanding any provision in this policy to the contrary, all requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted pursuant to Section 6409 will be reviewed and approved or denied without prejudice in accordance with the standards and procedures in this Section 3. 3.1.2 Section 6409 Approval. Any request to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted with a written request for approval under Section 6409 must require an approval in such form determined by the approval authority consistent with all valid and enforceable terms and conditions of the underlying permit or other prior regulatory authorization for the tower or base station (each amendment a 'Section 6409 approval"). 3.1.3 Option to Seek a Discretionary Permit. A discretionary permit under Section 2 is not required for any request that qualifies for approval pursuant to Section 6409. For any application for a Section 6409 approval properly denied, the applicant may submit the same or a substantially similar application for a discretionary permit under Section 2. 3.1.4 Other Permits and Regulatory Approvals. No collocation or modification approved pursuant to this Section 3 may occur unless the applicant also obtains all other permits and regulatory approvals as may be required by any other federal, state or local government agencies, which includes, without limitation, other any permits and/or regulatory approvals issued by other departments or divisions within the City. Furthermore, any Section 6409 approval granted under this Section 3 must remain subject to any and all lawful conditions and/or legal requirements associated with such other permits or regulatory approvals. 3.2 SPECIAL DEFINITIONS FOR ELIGIBLE FACILITIES REQUESTS 3.2.1 base station" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(1), as may be amended or superseded, which defines that term as a structure or equipment at a fixed location that enables FCC -licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. § City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 32 f 64K�9s r--- m ORIGINAL 1.40001(b)(9) or any equipment associated with a tower. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber- optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small -cell networks). The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this Section 3, supports or houses equipment described in 47 C.F.R. § 1.40001(b)(1)(i)-(ii) that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. The term does not include any structure that, at the time the relevant application is filed with the State or local government under this Section 3, does not support or house equipment described in 47 C.F.R. § 1.40001(b)(1)(i)-(ii). 3.2.2 "collocation means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(2), as may be amended, which defines that term as the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. As an illustration and not a limitation, the FCC's definition effectively means "to add" and does not necessarily refer to more than one wireless facility installed at a single site. 3.2.3 "eligible facilities request" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(3), as may be amended, which defines that term as any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving_ (i) collocation of new transmission equipment; (ii) removal of transmission equipment; or (iii) replacement of transmission equipment. 3.2.4 "eligible support structure' means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(4), as may be amended, which defines that term as any tower or base station as defined in 47 C.F.R. § 1.40001(b), provided that it is existing at the time the relevant application is filed with the State or local government under 47 C.F.R. § 1.40001. 3.2.5 "existing" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(4), as may be amended, which provides that a constructed tower or base station is existing for purposes of the FCC's Section 6409 regulations if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 33 of 64 U r� C tea,. 3.2.6 °site" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(6), as may be amended, which provides that for towers other than towers in the public rights -of -way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. 3.2.7 °substantial change" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(7), as may be amended, which defines that term differently based on the particular wireless facility type (tower or base station) and location (in or outside the public right-of-way). For clarity, this definition organizes the FCC's criteria and thresholds for a substantial change according to the wireless facility type and location. 3.2.7.1 For towers in the public rights -of -way and for all base stations, a substantial change occurs when: 3.2.7.1.1 the proposed collocation or modification increases the height of the structure by more than 10% or more than 10 feet (whichever is greater); 3.2.7.1.2 the proposed collocation or modification involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than 6 feet; 3.2.7.1.3 the proposed collocation or modification involves the installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure; 3.2.7.1.4 the proposed collocation or modification involves the installation of any new ground -mounted equipment cabinets that are more than 10% larger in height or volume than any other ground cabinets associated with the structure; or 3.2.7.1.5 the proposed collocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground. 3.2.7.2 In addition, for all towers and base stations wherever located, a substantial change occurs when: City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 34 of 6AK, a � � r c r�Rtr_tnr�r 3.2.7.2.1 the proposed collocation or modification would defeat the existing concealment elements of the support structure; or 3.2.7.2.2 the proposed collocation or modification violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval that is inconsistent with the thresholds for a substantial change described in 47 C.F.R. § 1.40001(b)(7)(i)-(iv). 3.2.8 "transmission equipment" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(8), as may be amended or superseded, which defines that term as equipment that facilitates transmission for any FCC -licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. 3.3 SECTION 6409 APPLICATIONS, SUBMITTALS AND COMPLETENESS REVIEW 3.3.1 Section 6409 Approval Application Contents. All applications for a Section 6409 approval must include all the information and materials required in this Subsection 3.3.1. 3.3.1.1 Application Form. The applicant must submit a complete, duly executed Section 6409 approval application on the then -current form prepared by the Director. 3.3.1.2 Application Fee. The applicant must submit the applicable Section 6409 approval application fee established by City Council resolution. 3.3.1.3 Construction Drawings. The applicant must submit true and correct construction drawings, prepared, signed and stamped by a California licensed or registered engineer, that depict all the existing and proposed improvements, equipment and conditions related to the proposed project, which includes, without limitation, all transmission equipment, support structures and the legal boundaries of the leased or owned area surrounding the proposed wireless facility and any associated access or utility easements. The construction drawings must specifically depict and call out the original overall height of the structure and, if the structure was constructed prior to February 22, 2012, the overall height that existed on February 22, 2012. The construction drawings must: (i) contain cut sheets that contain the technical specifications for all existing and proposed antennas and accessory equipment, which includes, without limitation, the manufacturer, model number and physical dimensions; (ii) depict the applicant's plan for electric and data backhaul utilities, which must include the locations City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 35 of 64 s�AKzr�,� F- r�- U C; nnnu,. e for all conduits, cables, wires, handholes, junctions, transformers, meters, disconnect switches and points of connection; and (iii) demonstrate that the proposed project will be in full compliance with all applicable health and safety laws, regulations or other rules, which includes, without limitation, all building codes, electric codes, local street standards and specifications and public utility regulations and orders. 3.3.1.4 Site Survey. For any application in connection with a wireless facility within the public rights -of -way, the applicant must submit a survey prepared, signed and stamped by a California licensed or registered engineer. The survey must identify and depict all existing boundaries, encroachments and other structures within 250 feet from the proposed project site, which includes, without limitation, all: (i) traffic lanes; (i) all private properties and property lines; (iii) above and below -grade utilities and related structures and encroachments; (iv) fire hydrants and other public safety infrastructure; (v) streetlights, decorative poles, traffic signals and permanent signage; (vi) sidewalks, driveways, parkways, curbs, gutters and storm drains; (vii) benches, trash cans, mailboxes, kiosks and other street furniture, and (viii) existing trees, planters and other landscaping features. 3.3.1.5 Photo Simulations. The applicant must submit site photographs and photo simulations that show the existing location and the wireless facility before and after the collocation or modification. The photographs and photo simulations must show the wireless facility in context from at least three vantage points within the public streets or other publicly accessible spaces, together with a vicinity map that shows the proposed site location and the photo location for each vantage point. 3.3.1.6 Project Narrative and Justification. A written statement that explains in plain factual detail whether and why Section 6409 and the related FCC regulations at 47 C.F.R. §§ 1.40001 et seq. require approval for the specific project. A complete written narrative analysis will state the applicable standard and all the facts that allow the City to conclude that the standard has been met —bare conclusions not factually supported do not constitute a complete written analysis. As part of this written statement, the applicant must also include (i) whether and why the support structure qualifies as an existing tower or existing base station; and (ii) whether and why the proposed collocation or modification does not cause a substantial change in height, width, excavation, equipment cabinets, concealment or permit compliance. 3.3.1.7 RF Compliance Report. The applicant must submit an RF exposure compliance report that certifies that the proposed small wireless facility, as well as any collocated wireless facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF report must be prepared and certified by an RF engineer acceptable to the City. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 36 of VbAKp t-- rn U C The RF report must include the actual frequency and power levels (in watts ERR) for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC). Each such boundary must be clearly marked and identified for every transmitting antenna at the project site. 3.3.1.8 Regulatory Authorization. The applicant must submit evidence of the applicant's regulatory status under federal and California law to provide the services and construct the small wireless facility proposed in the application. 3.3.1.9 Acoustic Analysis. The applicant must submit an acoustic analysis prepared and certified by an engineer for the proposed collocation or modification and all associated equipment including all environmental control units, sump pumps, temporary backup power generators and permanent backup power generators demonstrating compliance with the City's noise regulations_ The acoustic analysis must also include an analysis of the manufacturers' specifications for all noise -emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines. In lieu of an acoustic analysis, the applicant may submit evidence from the equipment manufacturer that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable limits. 3.3.2 Requirements for a Duly Filed Application. Any application for a Section 6409 approval will not be considered duly filed unless submitted in accordance with the requirements in this subsection. 3.3.2.1 Submittal Appointment. All applications must be submitted to the City at a pre - scheduled appointment with the approval authority. Applicants may generally submit one application per appointment Applicants may schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants. The approval authority must use reasonable efforts to provide the applicant with an appointment within 5 working days after the approval authority receives a written request. Any application received without an appointment, whether delivered in person, by mail or through any other means, will not be considered duly filed. 3.3.2.2 Pre -Submittal Conferences. The City strongly encourages, but does not require, applicants to schedule and attend a pre -submittal conference with the approval authority for all collocations or modifications to any concealed or camouflaged wireless tower or base station. This voluntary pre -submittal conference does not cause the FCC Shot Clock to begin and is intended to streamline the review process through informal City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 37 of 64 o��A�F�cr ., r discussion that includes, without limitation, the appropriate project classification and review process; any latent issues in connection with the proposed project, including compliance with generally applicable rules for public health and safety; potential concealment issues or concerns (if applicable); coordination with other City departments responsible for application review; and application completeness issues. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications or other materials so that City staff may provide informal feedback and guidance about whether such applications or other materials may be incomplete or unacceptable. The approval authority must use reasonable efforts to provide the applicant with an appointment within 5 working days after receiving a written request and any applicable fee or deposit to reimburse the City for its reasonable costs to provide the services rendered in the pre -submittal conference. 3.3.3 Application Completeness Review. Within 30 calendar days after the approval authority receives a duly filed WFR Permit application, the approval authority must review the application for completeness and, if any application does not contain all the materials required in Section 3.3.1 or any other publicly stated requirements, send a written notice to the applicant that identifies the missing or incomplete requirements. 3.3.4 Applications Deemed Withdrawn. To promote efficient review and timely decisions, and to mitigate unreasonable delays or barriers to entry caused by chronically incomplete applications, any application governed under this Section 3 will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the approval authority within 60 calendar days after the approval authority deems the application incomplete in a written notice to the applicant. As used in this subsection, a "substantive response" includes the materials identified as incomplete in the approval authority's notice. 3.3.5 Additional Requirements and Regulations. The City Council authorizes the approval authority to develop, publish and from time to time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the approval authority finds necessary, appropriate or useful for processing any application governed underthis Section 3. The City Council further authorizes the approval authority to establish other reasonable rules and regulations for duly filed applications, which may include, without limitation, regular hours for appointments with applicants, as the approval authority deems necessary or appropriate to organize, document and manage the application intake process. All such requirements, materials, rules and regulations must be in written form and publicly stated to provide all interested parties with prior notice. City of Bakersfield Wireless Facilities in the Public Right of way Deployment Policy Page 38 of 64 y � F.. m r rJ C 3.4 DECISIONS AND APPEALS 3.4.1 Administrative Review. The approval authority must review a complete and duly filed application for a Section 6409 approval, and may act on such application without prior notice or a public hearing. 3.4.2 Decision Notices. Within 5 days after the approval authority acts on an application for a Section 6409 approval or before the FCC Shot Clock expires (whichever occurs first), the approval authority must send a written notice to the applicant. In the event that the approval authority denies the application, the written notice to the applicant must contain (1) the reasons for the decision; (2) a statement that denial will be without prejudice, and (3) instructions for how and when to file an appeal. 3.4.3 Required Findings for Approval. The approval authority may approve or conditionally approve an application for a Section 6409 approval when the approval authority finds that the proposed project: 3.4.3.1 involves collocation, removal or replacement of transmission equipment on an existing wireless tower or base station; and 3.4.3.2 does not substantially change the physical dimensions of the existing wireless tower or base station. 3.4.4 Criteria for Denial without Prejudice. Notwithstanding any other provision in this policy, and consistent with all applicable federal laws and regulations, the approval authority may deny without prejudice any application for a Section 6409 approval when the approval authority finds that the proposed project: 3.4.4.1 does not meet the findings required in Subsection 3.4.3; 3.4.4.2 involves the replacement of the entire support structure; or 3.4.4.3 violates any legally enforceable law, regulation, rule, standard or permit condition reasonably related to public health or safety. 3.4.5 Conditional Approvals. Subject to any applicable limitations in federal or state law, nothing in this Section 3 is intended to limit the approval authority's authority to conditionally approve an application for a Section 6409 approval to protect and promote the public health and safety. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page�'�d9t s� a r- t 7 C: 14.6 Appeals. Any applicant may appeal the approval authority's written decision to deny without prejudice an application for a Section 6409 approval. The written appeal together with any applicable appeal fee must be tendered to the City Clerk within 10 calendar days from the approval authority's written decision, and must state in plain terms the grounds for reversal and the facts that support those grounds. The City Manager or the City Manager's designee (either party, the "City Manager") will be the appellate authority for all appeals from the approval authority's written decision to deny without prejudice an application for Section 6409 approval. The City Manager will review the application de novo without notice or a public hearing; provided, however, that the City Manager's decision will be limited to only whether the application should be approved or denied in accordance with the provisions in this Section 3 and any other applicable laws, The City Manager must issue a written decision that contains the reasons for the decision, and such decision will be final and not subject to any further administrative appeals. 3_5 STANDARD CONDITIONS OF APPROVAL In addition to all other conditions adopted by the approval authority, all Section 6409 approvals, whether approved by the approval authority or deemed approved by the operation of law, will be automatically subject to the conditions in this subsection. The approval authority (or the appellate authority) will have discretion to modify or amend these conditions on a case -by -case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this Section 3. 3.5.1 Permit Term. The City's grant or grant by operation of law of a Section 6409 approval constitutes a federally -mandated modification to the underlying permit or other prior regulatory authorization for the subject tower or base station, and will be regarded as a modification to the underlying approval for the subject tower or base station. The City's grant or grant by operation of law of a Section 6409 approval will not extend the permit term, if any, for any underlying permit or other underlying prior regulatory authorization. Accordingly, the term for the Section 6409 approval must be coterminous with the underlying permit or other prior regulatory authorization for the subject tower or base station, and any renewals thereof. This condition may not be applied or interpreted in any way that would cause the term of the underlying permit for the modified facility to be less than 10 years in total length. 3.5.2 Compliance Obligations Due to Invalidation. In the event that any court of competent jurisdiction invalidates all or any portion of Section 6409 or any FCC rule that interprets Section 6409 such that federal law would not mandate approval for any eligible facilities requests), such approval(s) will automatically expire 1 year from the effective date of the judicial order, unless the decision would not authorize accelerated termination of previously approved eligible facilities requests or the Director grants an extension upon written request from the permittee that shows good cause for the extension, which includes, without limitation, extreme financial hardship. Notwithstanding City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 400 off�64 V r C (�RI!';truei anything in the previous sentence to the contrary, the Director may not grant a permanent exemption or indefinite extension. A permittee will not be required to remove its improvements approved under the invalidated eligible facilities request when it has obtained the applicable permit(s) or submitted an application for such permit(s) before the one-year period ends_ 3.5.3 City's Standing Reserved. The City's grant or grant by operation of law of an eligible facilities request does not waive, and may not be construed to waive, any standing by the City to challenge Section 6409, any FCC rules that interpret Section 6409 or any eligible facilities request. 3.5.4 Compliance with Approved Plans. Before the permittee submits any applications to the Building Division required to commence construction in connection with a Section 6409 approval, the permittee must incorporate the Section 6409 approval, all conditions associated with the Section 6409 approval and any approved photo simulations into the project plans (the "Approved Plans'. The permittee must construct, install and operate the wireless facility in substantial compliance, as determined by the Director, with the Approved Plans. Any alterations, modifications or other changes to the Approved Plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless facility, must be submitted in a written request subject to the Director's prior review and approval. The Director may refer the request to the approval authority who may revoke the Section 6409 approval if the approval authority finds that the requested alteration, modification or other change may cause a substantial change as that term is defined by the FCC in 47 C.F.R. § 1.40001(b)(7), as may be amended. 3.5.5 Build -Out Period. A Section 6409 approval will automatically expire 1 year from the approval or deemed -granted date unless the permittee obtains all other permits and approvals required to install, construct and/or operate the approved wireless facility, which includes, without limitation, any permits or approvals required by any federal, state or local public agencies with jurisdiction over the subject property, the wireless facility or its use. The Director may grant 1 written extension to a date certain, but not to exceed 1 additional year, when the permittee shows good cause to extend the limitations period in a written request for an extension submitted at least 30 days prior to the automatic expiration date in this condition. 3.5.6 Site Maintenance. The permittee must keep the site, which includes, without limitation, any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean and safe condition in accordance with the Approved Plans and all conditions in this permit. The permittee must keep the site area free from all litter and debris at all times. The permittee, at no cost to the City, must remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy PageQ41 of 64 � T_ M TP v c ORIGINAL 3.5.7 Compliance with Laws. The permittee must maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law ("Laws') applicable to the permittee, the subject property, the wireless facility or any use or activities in connection with the use authorized in a Section 6409 approval, which includes, without limitation, any Laws applicable to human exposure to RF emissions. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee's obligations to maintain compliance with all Laws. In the event that the City fails to timely notice, prompt or enforce compliance with any applicable provision in the Bakersfield Municipal Code, any permit, any permit condition or any applicable law or regulation, the applicant or permittee will not be relieved from its obligation to comply in all respects with all applicable provisions in the Bakersfield Municipal Code, any permit, any permit condition or any applicable law or regulation. 3.5.8 Adverse impacts on Other Properties. The permittee must use all reasonable efforts to avoid any and all unreasonable, undue or unnecessary adverse impacts on nearby properties that may arise from the permittee's or its authorized personnel's construction, installation, operation, modification, maintenance, repair, removal and/or other activities on or about the site. The permittee must not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction work hours authorized by the Bakersfield Municipal Code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the City or other state or federal government agency or official with authority to declare a state of emergency within the City. The Director may issue a stop work order for any activities that violates this condition in whole or in part. 3.5.9 Inspections; Emergencies. The permittee expressly acknowledges and agrees that the City's officers, officials, staff or other designee may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee, or at any time during an emergency. The City's officers, officials, staff or other designees may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee, if present, may observe the City's officers, officials, staff or other designee while any such inspection or emergency access occurs. 3.5.10 Permittee's Contact Information. The permittee must furnish the Director with accurate and up- to-date contact information for a person responsible for the wireless facility, which includes without limitation such person's full name, title, direct telephone number, facsimile number, mailing address and email address. The permittee must keep such contact information up-to-date at all City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 42 of 64 a4 pAK4 �9 F- m v ftt�frnnin� times and immediately provide the Director with updated contact information in the event that either the responsible person or such person's contact information changes. 3.5.11 Indemnification. The permittee and, if applicable, the property owner upon which the wireless facility is installed, must defend, indemnify and hold harmless the City, City Council and City boards, commissions, agents, officers, officials, employees and volunteers from any and all (1) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, writs and other actions or proceedings ("Claims') brought against the City or its agents, officers, officials, employees or volunteers to challenge, attack, seek to modify, set aside, void or annul the City's approval of a Section 6409 approval, and (2) other Claims of any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee's or its agents', directors', officers', employees', contractors', subcontractors', licensees', or customers' acts or omissions in connection with a Section 6409 approval or the wireless facility. In the event the City becomes aware of any Claims, the City will use best efforts to promptly notify the permittee and the private property owner and must reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the City must have the right to approve, which approval must not be unreasonably withheld, the legal counsel providing the City's defense, and the property owner and/or permittee (as applicable) must promptly reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The permittee expressly acknowledges and agrees that the permittee's indemnification obligations under this condition are a material consideration that motivates the City to approve a Section 6409 approval, and that such indemnification obligations will survive the expiration or revocation of the Section 6409 approval. 3.5.12 Performance Bond. Before the Building Division issues any permits required to commence construction in connection with a Section 6409 approval, the permittee must post a performance bond from a surety and in a form acceptable to the Director in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facilities removal. The written estimate must include the cost to remove all equipment and other improvements, which includes, without limitation, all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings and foundations, whether above ground or below ground, constructed or installed in connection with the wireless facility, plus the cost to completely restore any areas affected by the removal work to a standard compliant with applicable laws. In establishing or adjusting the bond amount required under this condition, and in accordance with California Government Code § 65964(a), the Director may take into consideration any information provided by the permittee regarding the cost to remove the wireless facility to a standard compliant with applicable laws. The performance bond must expressly survive the duration of the permit term to the extent required to effectuate a complete removal of the subject wireless facility in accordance with this condition. City of Bakersfield Wireless Facilities in the Public night of Way Deployment Policy Page 43 of 64 O4 �AkF9� ►_- rn U r 3.5.13 Permit Revocation. The Director may recall a Section 6409 approval for review at any time due to complaints about noncompliance with applicable laws or any approval conditions attached to the Section 6409 approval after notice and an opportunity to cure the violation is provided to the permittee. If the noncompliance continues after notice and reasonable opportunity to cure the noncompliance, the approval authority may revoke the Section 6409 approval or amend these conditions as the approval authority deems necessary or appropriate to correct any such noncompliance. 3.5.14 Record Retention. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the wireless facility, which includes, without limitation, the Section 6409 approval, the approved plans and photo simulations incorporated into the Section 6409 approval, all conditions associated with the Section 6409 approval and any ministerial permits or approvals issued in connection with the Section 6409 approval. In the event that the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee. The permittee may keep electronic records; provided, however, that hard copies or electronic records kept in the City's regular files will control over any conflicts between such City -controlled copies or records and the permittee's electronic copies, and complete originals will control over all other copies in any form. 3.5.15 Abandoned Wireless Facilities. The wireless facility authorized under a Section 6409 approval will be deemed abandoned if not operated for any continuous six-month period. Within 90 days after a wireless facility is abandoned or deemed abandoned, the permittee and/or property owner must completely remove the wireless facility and all related improvements and must restore all affected areas to a condition compliant with all applicable laws, which includes, without limitation, the Bakersfield Municipal Code. In the event that neither the permittee nor the property owner complies with the removal and restoration obligations under this condition within the 90-day period above, the City will have the right (but not the obligation) to perform such removal and restoration with or without notice, and the permittee and property owner will be jointly and severally liable for all costs and expenses incurred by the City in connection with such removal and/or restoration activities. 3.5.16 Landscaping. The permittee must replace any landscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by the permittee or at the permittee's direction on or about the site to the satisfaction of the Director. The permittee will, at all times, be responsible to maintain any replacement landscape features during a plant establishment period of 1 year or as determined by the Director. City of Bakersfield wireless Facilities in the Public Right of Way Deployment Policy SMALL WIRELESS FACILITIES 4.1 APPLICABILITY; REQUIRED PERMITS AND APPROVALS 4.1.1 Applicable Wireless Facilities. Except as expressly provided otherwise in this policy, the provisions in this Section 4 will be applicable to all existing small wireless facilities and all applications and requests for authorization to construct, install, attach, operate, collocate, modify, reconstruct, relocate or otherwise deploy small wireless facilities within the City's jurisdictional and territorial boundaries within the public rights -of -way. Section 4 does not apply to small wireless facilities to the extent that 47 CFR 1.6001 et seq. is deemed unenforceable. 4.1.2 WFR Permit. A WFR Permit, subject to the approval authority's prior review and approval, is required for any small wireless facility proposed on an existing, new or replacement support structure. 4.1.3 Request for Approval Pursuant to Section 6409. Notwithstanding anything in this policy to the contrary, requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted pursuant to Section 6409 (47 U.S.C. Section 1455(a)) will be subject to the provisions in Section 3, as may be amended or superseded. 4.1.4 Other Permits and Approvals. In addition to a WFR Permit, the applicant must obtain all other permits and regulatory approvals as may be required by any other federal, state or local government agencies, which includes without limitation any ministerial permits and/or approvals issued by other City departments or divisions. All applications for -ministerial permits submitted in connection with a proposed small wireless facility must contain a valid WFR Permit issued by the City for the proposed facility. Any application for any ministerial permit(s) submitted without such WFR Permit may be denied without prejudice. Furthermore, any permit or approval granted under this Section 4 will remain subject to all lawful conditions and/or legal requirements associated with such other permits or approvals. 4.2 SPECIAL DEFINITIONS FOR SMALL WIRELESS FACILITIES 4.2.1 "antenna` means the same as defined by the FCC in 47 C.F.R. § 1.6002(b), as may be amended or superseded. 4.2.2 "approval authority' means the City official responsible for reviewing applications for WFR Permits and vested with the authority to approve, conditionally approve or deny such applications as provided in this Section 4, The approval authority for applications in connection with small wireless facilities located within the public rights -of -way will be the Director. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 45 of 64 o``gAKE�, � IT. r 4.2.3 'arterial road" means the same as defined in the Bakersfield General Plan, Circulation Element. 4.2.4 'collector road" means the same as defined in the Bakersfield General Plan, Circulation Element. 4.2.5 IVcollocation' means the same as defined by the FCC in 47 C.F.R. § 1.6002(g), as may be amended or superseded. 4.2.6 'decorative pole" means any pole that includes decorative or ornamental features, design elements and/or materials intended to enhance the appearance of the pole or the public right-of-way in which the pole is located. 4.2.7 "local road' means the same as defined in the Bakersfield General Plan, Circulation Element 4..2.8 'structure' means the same as defined by the FCC in 47 C.F.R. § 1.6002(m), as may be amended or superseded. 4.3 PERMIT —APPLICATION REQUIREMENTS 4.3.1 WFR Permit Application Contents. All applications for a WFR Permit must include all the information and materials required in this subsection. 4.3.1.1 Application Form. The applicant must submit a complete, duly executed WFR Permit application on the then -current form prepared by the Director. 4.3.1.2 Application Fee. The applicant must submit the applicable WFR Permit application fee established by City Council resolution. Batched applications must include the applicable WFR Permit application fee for each small wireless facility in the batch. If no small WFR Permit application fee has been established, then the applicant must submit a signed written statement that acknowledges that the applicant will be required to reimburse the City for its reasonable costs incurred in connection with the application. 4.3.1.3 Construction Drawings. The applicant must submit true and correct construction drawings, prepared, signed and stamped by a California licensed or registered engineer, that depict all the existing and proposed improvements, equipment and conditions related to the proposed project, which includes, without limitation, any and all poles, posts, pedestals, traffic signals, towers, streets, sidewalks, pedestrian ramps, driveways, curbs, gutters, drains, handholes, manholes, fire hydrants, equipment cabinets, antennas, cables, trees and other landscape features. The construction drawings must: @ contain cut sheets that contain the technical specifications for all existing and proposed antennas and accessory equipment, which includes, without City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 46 of 6 ttF9s A T v 4RIGINA1 limitation, the manufacturer, model number and physical dimensions; (ii) identify all structures within 254 feet from the proposed project site and call out such structures' overall height above ground level; (iii) depict the applicant's plan for electric and data backhaul utilities, which must include the locations for all conduits, cables, wires, handholes, junctions, transformers, meters, disconnect switches and points of connection; and (iv) demonstrate that the proposed project will be in full compliance with all applicable health and safety laws, regulations or other rules, which includes, without limitation, all building codes, electric codes, local street standards and specifications and public utility regulations and orders. 4.3.1.4 Site Survey. For any small wireless facility proposed to be located within the public rights -of -way, the applicant must submit a survey prepared, signed and stamped by a California licensed or registered engineer. The survey must identify and depict all existing boundaries, encroachments and other structures within 250 feet from the proposed project site, which includes, without limitation, all: (i) traffic lanes; (11) all private properties and property lines; (iii) above and below -grade utilities and related structures and encroachments; (iv) fire hydrants and other public safety infrastructure; (v) streetlights, decorative poles, traffic signals and permanent signage; (vi) sidewalks, driveways, parkways, curbs, gutters and storm drains; (vii) benches, trash cans, mailboxes, kiosks and other street furniture; and (viii) existing trees, planters and other landscaping features. 4.3.1.5 Photo Simulations. The applicant must submit site photographs and photo simulations that show the existing location and proposed small wireless facility in context from at least three vantage points within the public streets or other publicly accessible spaces, together with a vicinity map that shows the proposed site location and the photo location for each vantage point. 4.3.1.6 Project Narrative and Justification. The applicant must submit a written statement that explains in plain factual detail whether and why the proposed wireless facility qualifies as a "small wireless facility" as defined by the FCC in 47 C.F.R. § 1.6002(o, A complete written narrative analysis will state the applicable standard and all the facts that allow the City to conclude the standard has been met —bare conclusions not factually supported do not constitute a complete written analysis. As part of the written statement, the applicant must also include (i) whether and why the proposed support is a structure as defined by the FCC in 47 C,F.R. § 1.6002(m); and (4) whether and why the proposed wireless facility meets each required finding for a 1NFR Permit as provided in Subsection 4.5.3. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 47 of 64 O4�AK�9cP a T v � �QRI[s�n.twr 4.3.1.7 RF Compliance Report. The applicant must submit an RF exposure compliance report that certifies that the proposed small wireless facility, as well as any collocated wireless facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF report must be prepared and certified by an RF engineer acceptable to the City. The RF report must include the actual frequency and power levels (in watts ERP) for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC). Each such boundary must be clearly marked and identified for every transmitting antenna at the project site. 4.3.1.8 Regulatory Authorization. The applicant must submit evidence of the applicant's regulatory status under federal and California law to provide the services and construct the small wireless facility proposed in the application. 4.3.1.9 Site Agreement. For any small wireless facility proposed to be installed on any structure owned or controlled by the City and located within the public rights -of -way, the applicant must submit a partially -executed master license agreement on a form prepared by the City that states the terms and conditions for such non-exclusive use by the applicant. No changes must be permitted to the City's form master license agreement except as may be indicated on the form itself. Any unpermitted changes to the City's form master license agreement will be deemed a basis to deem the application incomplete, 4.3.1.10 Acoustic Analysis. The applicant must submit an acoustic analysis prepared and certified by an engineer for the proposed small wireless facility and all associated equipment including all environmental control units, sump pumps, temporary backup power generators and permanent backup power generators demonstrating compliance with the City's noise regulations. The acoustic analysis must also include an analysis of the manufacturers' specifications for all noise -emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines. In lieu of an acoustic analysis, the applicant may submit evidence from the equipment manufacturer that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable limits. 4.3.2 Additional Requirements. The City Council authorizes the approval authority to develop, publish and from time to time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the approval authority finds necessary, appropriate or useful for processing any application governed under this policy. All such City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 48��s U C ORIGINA.i requirements and materials must be in written form and publicly stated to provide all interested parties with prior notice. 4A PERMIT -APPLICATION SUBMITTAL AND COMPLETENESS REVIEW 4.4.1 Requirements for a Duly Filed Application. Any application for a WFR Permit will not be considered duly filed Unless submitted in accordance with the requirements in this subsection. 4.4.1.1 Submittal Appointment. All applications must be submitted to the City at a pre - scheduled appointment with the approval authority. Applicants may generally submit 1 application per appointment, or up to 5 individual applications per appointment for batched applications. Applicants may schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants. The approval authority must use reasonable efforts to provide the applicant with an appointment within 5 working days after the approval authority receives a written request. Any application received without an appointment, whether delivered in -person, by mail or through any other means, will not be considered duly filed. 4.4.1.2 Pre -Submittal Conferences. The City strongly encourages, but does not require, applicants to schedule and attend a pre -submittal conference with the approval authority for all proposed projects that involve more than 10 small wireless facilities. This voluntary pre -submittal conference does not cause the FCC Shot Clock to begin and is intended to streamline the review process through informal discussion that includes, without limitation, the appropriate project classification and review process; any latent issues in connection with the proposed project, including compliance with generally applicable rules for public health and safety; potential concealment issues or concerns (if applicable); coordination with other City departments responsible for application review; and application completeness issues. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications or other materials so that City staff may provide informal feedback and guidance about whether such applications or other materials may be incomplete or unacceptable. The approval authority will use reasonable efforts to provide the applicant with an appointment within 5 working days after receiving a written request and any applicable fee or deposit to reimburse the City for its reasonable costs to provide the services rendered in the pre -submittal conference. 4.4.2 Application Completeness Review, Within 30 calendar days after the approval authority receives a duly filed WFR Permit application, the approval authority will review the application for completeness and, if any application does not contain all the materials required in Subsection 4.3.1 City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Pagekke,, C7 � ��jIQIJ�lA1 or any other publicly stated requirements, send a written notice to the applicant that identifies the missing or incomplete requirements. 4.4.3 Applications Deemed Withdrawn. To promote efficient review and timely decisions, and to mitigate unreasonable delays or barriers to entry caused by chronically incomplete applications, any application governed under this policy will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the approval authority within 60 calendar days after the approval authority deems the application incomplete in a written notice to the applicant. As used in this subsection, a "substantive response" must include the materials identified as incomplete in the approval authority's notice. 4.4.4 Batched Applications. Applicants may submit up to S individual applications for a WFR Permit in a batch; provided, however, that small wireless facilities in a batch must be proposed with substantially the same equipment in the same configuration on the same support structure type. Each application in a batch must meet all the requirements for a complete application, which includes, without limitation, the application fee for each application in the batch. If any application in a batch is incomplete, the entire batch will be deemed incomplete. If any application is withdrawn or deemed withdrawn from a batch, the entire batch will be deemed withdrawn. If any application in a batch fails to meet the required findings for approval, the entire batch will be denied. 4.4.5 Additional Procedures. The City Council authorizes the approval authority to establish other reasonable rules and regulations for duly filed applications, which may include, without limitation, regular hours for appointments with applicants, as the approval authority deems necessary or appropriate to organize, document and manage the application intake process. All such rules and regulations must be in written form and publicly stated to provide all interested parties with prior notice. 4.5 APPROVALS AND DENIALS; NOTICES 4.5.1 Public Notice. The applicant must post notice at the proposed project site no later than 10 days after a complete and duly filed application for a WFR Permit governed under Section 4 in or adjacent to a residential zone is submitted. The posted notice must contain (1) a general explanation of the proposed project; (2) the applicant's identification and contact information as provided on the application submitted to the City; (3) contact information for the Director and (4) other requirements as determined by the Director. On the same day that the applicant posts notice, the applicant must deliver written notice to the Director that shows the appropriate notice has been posted at the project site. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 50 of 64 O"IR,AK4,q� �n t" r- L) Iz- 4.5.2 Administrative Review. Not less than 10 calendar days after the public notice required in Subsection 4.5.1, the approval authority will approve, conditionally approve or deny a complete and duly filed WFR Permit application without a public hearing. 4.5.3 Required Findings. The approval authority may approve or conditionally approve a complete and duly filed application for a WFR Permit when the approval authority finds: 4.5.3.1 the proposed project meets the definition for a "small wireless facility as defined by the FCC; 4.5.3.2 the proposed project would be in the most preferred location within 250 feet from the proposed site in any direction or the applicant has demonstrated with clear and convincing evidence in the written record that any more -preferred location(s) within 250 feet would be technically infeasible; 4.5.3.3 the proposed project would not be located on a prohibited support structure identified in Subsection 4.7.4, 4.5.3.4 the proposed project would be on the most preferred support structure within 250 feet from the proposed site in any direction or the applicant has demonstrated with clear and convincing evidence in the written record that any more -preferred support structure(s) within 250 feet would be technically infeasible; 4.5.3.5 the proposed project complies with all applicable design standards in Subsection 4.8; 4.5.3.6 the applicant has demonstrated that the proposed project will be in planned compliance with all applicable FCC regulations and guidelines for human exposure to RF emissions; and 4.5.3.7 all public notices required for the application have been given. 4.5.4 Conditional Approvals; Denials without Prejudice. Subject to any applicable federal or California laws, nothing in this Section 4 is intended to limit the approval authority's ability to conditionally approve or deny without prejudice any WFR Permit application as may be necessary or appropriate to ensure compliance with this policy. 4.5.5 Decision Notices. Within 5 calendar days after the approval authority acts on a WFR Permit application or before the FCC Shot Clock expires (whichever occurs first), the approval authority will notify the applicant by written notice_ If the Director denies the application (with or without prejudice), the written notice will contain the reasons for the decision. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Poricy Page 51 �fAE4fi�� r nIOINAL 4.5.6 Appeals. Any decision by the approval authority will be final and not subject to any administrative appeals. 4.6 STANDARD CONDITIONS OF APPROVAL In addition to all other conditions adopted by the approval authority for a WFR Permit, all WFR Permits issued under this Section 4 must be automatically subject to the conditions in this subsection. 4.6.1 Permit Term. This permit will automatically expire 10 years and one day from its issuance, except when California Government Code § 65964(b), as may be amended or superseded in the future, authorizes the City to establish a shorter term for public safety or substantial land use reasons. Any other permits or approvals issued in connection with any collocation, modification or other change to the wireless facility, which includes, without limitation, any permits or other approvals deemed - granted or deemed -approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law. 4.6.2 Permit Renewal. Within 1 year before the expiration date of the permit, the permittee may submit an application for permit renewal. To be eligible for administrative review and renewal, the permittee must demonstrate that (a) the subject wireless facility is in compliance with all the conditions of approval associated with the permit and all applicable provisions in the Bakersfield Municipal Code and this policy that exist at the time the decision to renew the permit is rendered or (b) this permit was issued as an administrative permit in the first instance. The approval authority will have discretion to modify or amend the conditions of approval for permit renewal on a case - by -case basis as may be necessary or appropriate to protect and promote the public health, safety and welfare, allow for the proper operation of the approved wireless facility, maintain compliance with applicable laws and/or to advance the goals or policies in the General Plan and any specific plan, the Bakersfield Municipal Code and/or this policy. Upon renewal, the permit will automatically expire 10 years and one day from its issuance, except when California Government Code § 65964(b), as may be amended or superseded in the future, authorizes the City to establish a shorter term for public safety or substantial land use reasons. 4.6.3 Post -Installation Certification. Within 60 calendar days after the permittee commences full, unattended operations of a small wireless facility approved or deemed -approved, the permittee must provide the approval authority with documentation reasonably acceptable to the approval authority that the small wireless facility has been installed and/or constructed in strict compliance with the approved construction drawings and photo simulations. Such documentation must include without limitation as -built drawings, GIS data and site photographs. 4.6.4 Build -Out Period. The WFR Permit will automatically expire 6 months from the approval date (the "build -out period") unless the permittee obtains all other permits and approvals required to install, City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 52o`off 64 N- rn U r. C. construct and/or operate the approved small wireless facility, which includes, without limitation, any permits or approvals required by any federal, state or local public agencies with jurisdiction over the subject property, the small wireless facility or its use. If this build -out period expires, the City will not extend the build -out period but the permittee may resubmit a complete application, including all application fees, for the same or substantially similar project. 4.6.5 Site Maintenance. The permittee must keep the site, which includes, without limitation, any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean and safe condition in accordance with the approved construction drawings and all conditions in the WFR Permit. The permittee must keep the site area free from all litter and debris at all times. The permittee, at no cost to the City, must remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred. 4.6.6 Compliance with Laws. The permittee must maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law ('Laws') applicable to the permittee, the subject property, the small wireless facility or any use or activities in connection with the use authorized in the WFR Permit, which includes, without limitation, any laws applicable to human exposure to RF emissions. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee's obligations to maintain compliance with all Laws. No failure or omission by the City to timely notice, prompt or enforce compliance with any applicable provision in the Bakersfield Municipal Code, this policy, any permit, any permit condition or any applicable Law or regulation, must be deemed to relieve, waive or lessen the permittee's obligation to comply in all respects with all applicable provisions in the Bakersfield Municipal Code, this policy, any permit, any permit condition or any applicable Law or regulation. 4.6.7 Adverse Impacts on Other Properties. The permittee must use all reasonable efforts to avoid any and all unreasonable, undue or unnecessary adverse impacts on nearby properties that may arise from the permittee's or its authorized personnel's construction, installation, operation, modification, maintenance, repair, removal and/or other activities on or about the site. The permittee must not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction work hours authorized by the Bakersfield Municipal Code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the City or other state or federal government agency or official with authority to declare a state of emergency within the City. The approval authority may issue a stop work order for any activities that violates this condition in whole or in part. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 53 of 64$Aio� p fiL?Ifnlww, 4.6.8 Inspections; Emergencies. The permittee expressly acknowledges and agrees that the City's officers, officials, staff, agents, contractors or other designees may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee. Notwithstanding the prior sentence, the City's officers, officials, staff, agents, contractors or other designees may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee, if present, may observe the City's officers, officials, staff or other designees while any such inspection or emergency access occurs. 4.6.9 Permittee's Contact Information. Within 10 days from the final approval of the WFR Permit, the permittee must furnish the City with accurate and up-to-date contact information for a person responsible for the small wireless facility, which includes, without limitation, such person's full name, title, direct telephone number, facsimile number, mailing address and email address. The permittee must keep such contact information up-to-date at all times and promptly provide the City with updated contact information if either the responsible person or such person's contact information changes. . 4.6.10 Indemnification. The permittee must defend, indemnify and hold harmless the City, City Council and the City's boards, commissions, agents, officers, officials, employees and volunteers (collectively, the "Indemnitees') from any and all (i) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, writs and other actions or proceedings ("Claims') brought against the Indemnitees to challenge, attack, seek to modify, set aside, void or annul the City's approval of a WFR Permit, and (4) other Claims of any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee's or its agents`, directors', officers', employees', contractors', subcontractors', licensees' or customers' acts or omissions in connection with the WFR Permit or the small wireless facility. In the event the City becomes aware of any Claims, the City will use best efforts to promptly notify the permittee and will reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the City will have the right to approve, which approval must not be unreasonably withheld, the legal counsel providing the City's defense, and the permittee must promptly reimburse City for any costs and expenses directlyand necessarily incurred by the City in the course of the defense. The permittee expressly acknowledges and agrees that the permittee's indemnification obligations under this condition are a material consideration that motivates the City to approve this WFR Permit, and that such indemnification obligations will survive the expiration, revocation or other termination of the WFR Permit. 4.6.11 Performance Bond. Before the Building Division issues any permits required to commence construction in connection with this permit, the permittee must post a performance bond from a surety and in a form acceptable to the Director in an amount reasonably necessary to cover the City of Bakersfield wireless Facilities in the Public Right of Way Deployment Policy Page 14 of l F9s cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facilities removal. The written estimate must include the cost to remove all equipment and other improvements, which includes, without limitation, all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings and foundations, whether above ground or below ground, constructed or installed in connection with the wireless facility, plus the cost to completely restore any areas affected by the removal work to a standard compliant with applicable laws. In establishing or adjusting the bond amount required under this condition, and in accordance with California Government Code § 65964(a), the Director will take into consideration any information provided by the permittee regarding the cost to remove the wireless facility to a standard compliant with applicable laws. The performance bond will expressly survive the duration of the permit term to the extent required to effectuate a complete removal of the subject wireless facility in accordance with this condition. 4.6.12 Permit Revocation. Any permit granted under this Section 4 may be revoked in accordance with the provisions and procedures in this subsection_ The approval authority may initiate revocation proceedings when the approval authority has information that the facility may not be in compliance with all applicable Laws, which includes without limitation, any permit in connection with the facility and any associated conditions with such permit(s). Before the approval authority may conduct a public hearing to revoke any permit granted under this Section 4, the approval authority must issue a written notice to the permittee that specifies (i) the facility; (ii) the violation(s) to be corrected; (iii) the timeframe in which the permittee must correct such violation(s); and (iv) that, in addition to all other rights and remedies the City may pursue, the City may initiate revocation proceedings for failure to correct such violation(s). A permit granted under this Section 4 may be revoked only by the City Council after a duly notice public hearing. The City Council may revoke a permit when it finds substantial evidence in the written record to show that the facility is not in compliance with any applicable Laws, which includes, without limitation, any permit in connection with the facility and any associated conditions with such permit(s). Any decision by the City Council to revoke or not revoke a permit must be final and not subject to any further appeals. Within 5 business days after the City Council adopts a resolution to revoke a permit, the approval authority must provide the permittee with a written notice that specifies the revocation and the reasons for such revocation. 4.6.13 Record Retention. Throughout the permit term, the permittee must maintain a complete and accurate copy of the written administrative record, which includes without limitation the WFR Permit application, WFR Permit, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval, any ministerial permits or approvals issued in connection with this approval and any records, memoranda, documents, papers and other correspondence entered into the public record in connection with the WFR Permit (collectively, "Records"). If the permittee does not maintain such Records as required in this condition, any City of BakersfMd Wireless Facilities in the Public Right of Way Deployment Policy Page 55 of 64 +- m U C ambiguities or uncertainties that would be resolved by inspecting the missing Records will be construed against the permittee_ The permittee must protect all Records from damage from fires, floods and other hazards that may cause deterioration. The permittee may keep Records in an electronic format, provided, however, that hard copies or electronic records kept in the City's regular files will control over any conflicts between such City -controlled copies or records and the permittee's electronic copies, and complete originals will control over all other copies in any form. The requirements in this condition must not be construed to create any obligation to create or prepare any Records not otherwise required to be created or prepared by other applicable laws. Compliance with the requirements in this condition must not excuse the permittee from any other similar record -retention obligations under applicable law_ 4.6.14 Abandoned Wireless Facilities. The small wireless facility authorized under this WFR Permit will be deemed abandoned if not operated for any continuous six-month period. Within 90 days after a small wireless facility is abandoned or deemed abandoned, the permittee must completely remove the small wireless facility and all related improvements and must restore all affected areas to a condition compliant with all applicable Laws, which includes, without limitation, the Bakersfield Municipal Code. In the event that the permittee does not comply with the removal and restoration obligations under this condition within the 90-day period, the City will have the right (but not the obligation) to perform such removal and restoration with or without notice, and the permittee must be liable for all costs and expenses incurred by the City in connection with such removal and/or restoration activities. 4.6.15 Landscaping. The permittee must replace any landscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by the permittee or at the permittee's direction on or about the site to the satisfaction of the Director. The permittee will, at all times, be responsible to maintain any replacement landscape features during a plant establishment period of 1 year or as determined by the Director. 4.6.16 Cost Reimbursement. The permittee acknowledges and agrees that (0 the permittee's request for authorization to construct, install and/or operate the wireless facility will cause the City to incur costs and expenses; (ii) the permittee will be responsible to reimburse the City for all costs incurred in connection with the permit, which includes, without limitation, costs related to application review, permit issuance, site inspection and any other costs reasonably related to or caused by the request for authorization to construct, install and/or operate the wireless facility; (iii) any application fees required for the application may not cover all such reimbursable costs and that the permittee will have the obligation to reimburse City for all such costs 10 days after a written demand for reimbursement that provides reasonable documentation to support such costs; and (iv) the City will have the right to withhold any permits or other approvals in connection with the wireless facility until and unless any outstanding costs have been reimbursed to the City by the permittee. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 56 of 64 � m v � Cr 4.6.17 Future Undergrounding Programs. If other public utilities or communications providers in the public rights -of -way underground their facilities in the segment of the public rights -of -way where the permittee's small wireless facility is located, the permittee must underground its equipment except the antennas, any electric meter and any other equipment that must be placed above ground to function. Accessory equipment such as radios and computers that require are environmentally controlled underground vault to function will not be exempt from this condition. Small wireless facilities installed on wood utility poles that will be removed pursuant to the undergrounding program may be reinstalled on a streetlight that complies with the City's standards and specifications; provided, however, that a new WFR Permit will be required for the reinstallation. Such undergrounding must occur at the permittee's sole cost and expense except as may be reimbursed through tariffs approved by the state public utilities commission for undergrounding costs. 4.6.18 Electric Meter Upgrades. If the commercial electric utility provider adopts or changes its rules obviating the need for a separate or ground -mounted electric meter and enclosure, the permittee on its own initiative and at its sole cost and expense must remove the separate or ground -mounted electric meter and enclosure. Prior to removing the electric meter, the permittee must apply for any encroachment and/or other ministerial permit(s) required to perform the removal. Upon removal, the permittee must restore the affected area to its original condition that existed prior to installation of the equipment. 4.6.19 Rearrangement and Relocation. The permittee acknowledges that the City, in its sole discretion and at any time, may: @ change any street grade, width or location; (i) add, remove or otherwise change any improvements in, on, under or along any street owned by the City or any other public agency, which includes, without limitation, any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas, water, electric or telecommunications; and/or (iii) perform any other work deemed necessary, useful or desirable by the City (collectively, City work'). The City reserves the rights to do any and all City work without any admission on its part that the City would not have such rights without the express reservation in the WFR Permit. If the Director determines that any City work will require the permittee's small wireless facility located in the public rights -of -way to be rearranged and/or relocated, the permittee must, at its sole cost and expense, do or cause to be done all things necessary to accomplish such rearrangement and/or relocation. If the permittee fails or refuses to either permanently or temporarily rearrange and/or relocate the permittee's small wireless facility within a reasonable time after the Director's notice, the City may (but will not be obligated to) cause the rearrangement or relocation to be performed at the permittee's sole cost and expense. The City may exercise its rights to rearrange or relocate the permittee's small wireless facility without prior notice to permittee when the Director determines that the City work is immediately necessary to protect public health or safety. The permittee must reimburse the City for all costs and expenses in connection with such work within 10 days after a written demand for reimbursement providing reasonable documentation to support such costs. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 57ooff 6A4s 1 N_= m 0 � C- runiniki 4.7 LOCATION REQUIREMENTS 4.7.1 Preface to Location Requirements. Subsection 4.7 provides guidance as to how to interpret and apply the location requirements in this Section 4. To better assist applicants and decision makers understand and respond to the community's aesthetic preferences and values, Subsections 4.7.2 and 4.7.3 set out listed preferences for locations and support structures to be used in connection with small wireless facilities in ordered hierarchies. Applications that involve lesser -preferred locations or structures may be approved so long as the applicant demonstrates that either (1) no more preferred locations or structures exist within 250 feet from the proposed site; or (2) any more preferred locations or structurers within 250 feet from the proposed site would be technically infeasible as supported by clear and convincing evidence in the written record. Subsection 4.7.4 identifies "prohibited" support structures on which the City must not approve any WFR Permit application for any competitor or potential competitor. 4.7.2 Locations in the Public Rights -of -Way. The City prefers small wireless facilities in the public rights - of -way to be installed in locations, ordered from most preferred to least preferred, as follows: 4.7.3 4.7.2.1 locations within commercial or industrial zones on or along arterial roads; 4.7.2.2 locations within commercial or industrial zones on or along collector roads; 4.7.2.3 locations within commercial or industrial zones on or along local roads; 4.7.2.4 locations within residential zones on or along arterial roads; 4.7.2.5 locations within residential zones on or along collector roads; then 4.7.2.6 any location in any zone within 250 feet from any structure approved for a residential use_ Support Structures in the Public Rights -of -Way. The City prefers small wireless facilities to be installed on support structures in the public rights -of -way, ordered from most preferred to least preferred, as follows: 4.7.3.1 existing or replacement streetlight poles; 4.7.3.2 existing or replacement wood utility poles; 4.7.3.3 new, non -replacement streetlight poles; then City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 58 o 0K^ a fi U � C. C"JMG11,JA► 4.7.3.4 new, non -replacement poles for small wireless facilities. 4.7.4 Prohibited Support Structures. The City prohibits small wireless facilities to be installed on the following support structures, whether located in the public rights -of -way or not: 4.7.4.1 decorative poles; 4.7.4.2 traffic signals, signs, poles, cabinets and related devices; 4.7.4.3 any utility pole scheduled for removal or relocation within 12 months from the time the approval authority acts on the WFR Permit application; and 4.7.4.4 new, non -replacement wood poles. 4.8 DESIGN STANDARDS 4.8.1 General Standards. 4.8.1.1 Noise. Small wireless facilities and all accessory equipment and transmission equipment must comply with all applicable noise control standards and regulations in Bakersfield Municipal Code Chapter 9.22, as may be amended or superseded, and must not exceed, either on an individual or cumulative basis, the noise limit in the applicable zone. 4.8.1.2 Lights. Small wireless facilities must not include any lights that would be visible from publicly accessible areas, except as may be required under Federal Aviation Administration, FCC, other applicable regulations for health and safety. All equipment with lights (such as indicator or status lights) must be installed in locations and within enclosures that mitigate illumination impacts visible from publicly accessible areas. The provisions in this subsection must not be interpreted or applied to prohibit installations on streetlights or luminaires installed on new or replacement poles as may be required under Subsection 4.8. 4.8.1.3 Landscape Features. The permittee must replace any landscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by the permittee or at the permittee's direction on or about the site to the satisfaction of the Director. The permittee will, at all times, be responsible to maintain any replacement landscape features during a plant establishment period of 1 year or as determined by the Director. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 59 of 64 l �-- m L� 4.8.1.4 Site Security Measures. Small wireless facilities may incorporate reasonable and appropriate site security measures, such as locks and anti -climbing devices, to prevent unauthorized access, theft or vandalism. The approval authority will not approve any barbed wire, razor ribbon, electrified fences or any similarly dangerous security measures. All exterior surfaces on small wireless facilities must be constructed from or coated with graffiti -resistant materials. 4.8.1.5 Signage; Advertisements.. All small wireless facilities must include signage that accurately identifies the site owner/operator, the owner/operator's site name or identification number and a toll -free number to the owner/operator's network operations center. Small wireless facilities may not bear any other signage or advertisements unless expressly approved by the City, required by law or recommended under FCC, OSHA or other United States governmental agencies for compliance with RF emissions regulations. 4.8.1.6 Compliance with Health and Safety Regulations. All small wireless facilities must be designed, constructed, operated and maintained in compliance with all generally applicable health and safety regulations, which includes without limitation all applicable regulations for human exposure to RF emissions. 4.8.1.7 Overall Height. Small wireless facilities may not exceed either (A) the minimum separation from electrical lines required by applicable safety regulations, plus four feet or (B) four feet above the existing support structure. No new pole may exceed 28 feet in height. 4.8.1.8 Antennas. 4.8.1.8.1 Concealment. All antennas and associated mounting equipment, hardware, cables or other connecters must be completely concealed within an opaque antenna shroud or radome. The antenna shroud or radome must be painted a flat, non -reflective color to match the underlying support structure. 4,8.1.8.2 Antenna Volume. Each individual antenna may not exceed 3 cubic feet in volume, and all antennas may not exceed 6 cubic feet in volume. 4.8.1.9 Accessory Equipment. 4.8.1.91 Installation Preferences. All non -antenna accessory equipment must be installed in accordance with the following preferences, ordered from most preferred to least preferred: (i)underground in any area in which the existing City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 60 of 64 04 � AKF9� utilities are primarily located underground; (ii) on the pole or support structure; or (Ni) integrated into the base of the pole or support structure. Applications that involve lesser -preferred installation locations may be approved so long as the applicant demonstrates that no more preferred installation location would be technically infeasible as supported by clear and convincing evidence in the written record. 4.8.1.9.2 Undergrounded Accessory Equipment. All undergrounded accessory equipment must be installed in an environmentally controlled vault that is load -rated to meet the City's standards and specifications. Underground vaults located beneath a sidewalk must be constructed with a slip -resistant cover. Vents for airflow must be flush -to -grade when placed within the sidewalk and may not exceed 2 feet above grade when placed off the sidewalk. Applicants must not be permitted to install an underground vault in a location that would cause any existing tree to be materially damaged or displaced. 4.8.1.9.3 Pole -Mounted Accessory Equipment. All pole -mounted accessory equipment must be installed flush to the pole to minimize the overall visual profile. If any applicable health and safety regulations prohibit flush - mounted equipment, the maximum separation permitted between the accessory equipment and the pole must be the minimum separation required by such regulations. All pole -mounted equipment and required or permitted signage must be placed and oriented away from adjacent sidewalks and structures. Pale -mounted equipment may be installed behind street, traffic or other signs to the extent that the installation complies with applicable public health and safety regulations. All cables, wires and other connectors must be routed through conduits within the pole, and all conduit attachments, cables, wires and other connectors must be concealed from public view. To the extent that cables, wires and other connectors cannot be routed through the pole, applicants must route them through a single external conduit or shroud that has been finished to match the underlying support structure. 4.8.1.9.4 Base -Mounted Accessory Equipment. All base -mounted accessory equipment must be installed within a shroud, enclosure or pedestal integrated into the base of the support structure. All cables, wires and other connectors routed between the antenna and base -mounted equipment must be concealed from public view. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 61 of 64 �gA/f� �. rn U 4.8.1.9.5 Ground -Mounted Accessory Equipment. The approval authority will not approve any ground -mounted accessory equipment including, but not limited to, any utility or transmission equipment, pedestals, cabinets, panels or electric meters. 4.8.1.9.E Accessory Equipment Volume. All accessory equipment associated with a small wireless facility installed above ground level must not cumulatively exceed 9 112 cubic feet in volume. The volume calculation includes any shroud, cabinet or other concealment device used in connection with the non -antenna accessory equipment. The volume calculation will not include any equipment or other improvements placed underground. 4.8.1.9.7 Streetlights. Applicants that propose to install small wireless facilities on an existing streetlight must remove and replace the existing streetlight with one substantially similar to the City's standards and specifications but designed to accommodate wireless antennas and accessory equipment. To mitigate any material changes in the streetlighting patterns, the replacement pole must: (A) be located as close to the removed pole as possible; (8) be aligned with the other existing streetlights; and (C) include a luminaire at substantially the same height and distance from the pole as the luminaire on the removed pole. All antennas must be installed above the pole within a single, canister style shroud or radome that tapers to the pole. 4.8.1.10 Wood Utility Poles. Applicants that propose to install small wireless facilities on an existing wood utility pole must install all antennas above the pole unless the applicant demonstrates that mounting the antennas above the pole would be technically infeasible as supported by clear and convincing evidence in the written record. Side - mounted antennas on a stand-off bracket or extension arm must be concealed within a shroud. All cables, wires and other connectors must be concealed within the side -arm mount or extension arm. The maximum horizontal separation between the antenna and the pole must be the minimum separation required by applicable health and safety regulations. 4.8.1.11 New, Non -Replacement Poles. Applicants that propose to install small wireless facilities on a new, non -replacement pole must install a new streetlight substantially similar to the City's standards and specifications but designed to accommodate wireless antennas and accessory equipment. If there are no existing streetlights in the immediate vicinity, the applicant may install a metal or composite pole capable of concealing all the accessory equipment either within the pole or within an integrated enclosure located at the base of the pole. The pole diameter must not exceed 12 inches and any base City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 62 of 64 0-�AI(e U r C enclosure diameter must not exceed 16 inches. All antennas, whether on a new streetlight or other new pole, must be installed above the pole within a single, canister style shroud or radome. 4.8.1.12 Encroachments over Private Property. Small wireless facilities may not encroach onto or over any private or other property outside the public rights -of -way without the property owner's express written consent. 4.8.1.13 Backup Power Sources. Fossil -fuel based backup power sources will not be permitted within the public rights -of -way; provided, however, that connectors or receptacles may be installed for temporary backup power generators used in an emergency declared by federal, state or local officials. 4.8.1.14 Obstructions; Public Safety. Small wireless facilities and any associated equipment or improvements must not physically interfere with or impede access to any: (A) worker access to any above -ground or underground infrastructure for traffic control, streetlight or public transportation, including, without limitation, any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, barricade reflectors; (B) access to any public transportation vehicles, shelters, street furniture or other improvements at any public transportation stop; (C) worker access to above- ground or underground infrastructure owned or operated by any public or private utility agency; (D) fire hydrant or water valve; (E) access to any doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building appurtenant to the rights -of -way; or (F) access to any fire escape. 4.8.1.15 Utility Connections. All cables and connectors for telephone, data backhaul, primary electric and other similar utilities must be routed underground in conduits large enough to accommodate future collocated wireless facilities. Undergrounded cables and wires must transition directly into the pole base without any external doghouse. All cables, wires and connectors between the underground conduits and the antennas and other accessory equipment must be routed through and concealed from view within: (A) internal risers or conduits if on a concrete, composite or similar pole; or (B) a cable shroud or conduit mounted as flush to the pole as possible if on a wood pole or other pole without internal cable space. The approval authority will not approve new overhead utility lines or service drops merely because compliance with the undergrounding requirements would increase the project cost. 4.8.1.16 Spools and Coils. To reduce clutter and deter vandalism, excess fiber optic or coaxial cables must not be spooled, coiled or otherwise stored on the pole outside equipment cabinets or shrouds. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 63 of 64 04 OAK, ,q ILIfi U C 4.8.1.17 Electric Meters. Small wireless facilities must use flat -rate electric service or other method that obviates the need for a separate above -grade electric meter. If flat -rate service is not available, applicants may install a shrouded smart meter. The approval authority will not approve a separate ground -mounted electric meter pedestal. 4.8.1.18 Street Trees. To preserve existing landscaping in the public rights -of -way, all work performed in connection with small wireless facilities must not cause any street trees to be trimmed, damaged or displaced. If any street trees are damaged or displaced, the applicant must be responsible, at its sole cost and expense, to plant and maintain replacement trees at the site for the duration of the permit term. City of Bakersfield Wireless Facilities in the Public Right of Way Deployment Policy Page 64�of,F& m T '"` rn