HomeMy WebLinkAbout02/23/22 CC AGENDA PACKET7bl"
THE SOUND
BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF FEBRUARY 23, 2022
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 PM
REGULAR MEETING - 5:15 PM
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
Staff recommends adoption of Consent Calendar items.
Minutes:
a. Approval of minutes of the February 2, 2022, Regular City
Council Meetings.
Payments:
Ordinances:
b. Adoption of ordinance amending Chapter 8.32 of Title 8 of the
Bakersfield Municipal Code relating to Solid
Waste/Recyclable Materials/Organic Waste.
(FR 21212022)
Resolutions:
C. Resolution authorizing the submittal of a Notification of Intent
to Comply for CalRecycle Approval Pursuant to Senate Bill
619.
Ward(s) 1, 3, 6, 7 d. Resolution of Intention (ROI) to add the following areas to the
Consolidated Maintenance District and preliminarily approving,
confirming, and adopting the Public Works Director's Report
for each:
1. ROI No. 2125 adding Area 3-116 (5741 Taft Highway) -
Ward 6
2. ROI No. 2127 adding Area 4-257 (11101 Highway 178)
- Ward 3
3. ROI No. 2128 adding Area 4-258 (2700 Oswell Street)
- Ward 3
4. ROI No. 2129 adding Area 5-113 (1720 Planz Road) -
Ward 7
5. ROI No. 2130 adding Area 5-114 (3516 Lotus Lane) -
Ward 1
6. ROI No. 2131 adding Area 5-115 (2300 Short Street) -
Ward 1
Ward 2 e. Resolution of Intention No. 2126 to amend Area 4-69 100 E.
California Avenue to add additional parcels (ATN 016-500-01-
00-3 and 016-500-02-00-6) to the Consolidated Maintenance
District and preliminarily approving, confirming, and adopting
the Public Works Director's Report.
Agreements:
f. Agreement with George Hills Company, Inc. (not to exceed
$1,800,000 for a five year term, starting April 1, 2022), to
adjust liability claims and perform property damage
subrogation services for the City of Bakersfield.
g. Amendment No. 1 to Agreement No. 2021-039 (extend time
of completion and contract term) with ECONorthwest to
prepare deliverables and activities for the CITY's Affordable
Housing Strategy to extend the performance period.
h. Amendment No. 1 to Agreement No. F19-002 with Randy's
Towing LLC (increase annual maximum payment from
$40,000 to $100,000), for towing needs of City vehicles for
both Police Department and Fleet Division.
i. Amendment to agreements for on -call maintenance services
at Wastewater Treatment Plant No. 2 and Wastewater
Treatment Plant No. 3:
1. Amendment No. 1 to Agreement No. 2020-105 with
Crider Construction, Inc. — extend term by one year and
increase compensation by $170,000 (not to exceed
$370,000).
2. Amendment No. 1 to Agreement No. 2020-106 with
B.R. Frost Company — extend term by one year and
increase compensation by $170,000 (not to exceed
$370,000).
Bids:
Accept bid and approve contract to Safeway Sign Company
($199,992.42) for an annual contract to supply traffic signs.
Ward 6 k. Accept bid and approve contract to American, Incorporated,
Visalia, California ($267,700) for evaporative cooling unit
replacement at Wastewater Plant 3.
Ward 2 I. Accept bid and approve contract to Cen-Cal Construction,
Bakersfield ($147,886) for Curb, Gutter and Sidewalk on
Brown Street.
M. Accept bid from Kambrian Corporation ($40,272.16) for
ManageEngine Annual Subscriptions for the Technology
Services Department.
M iscellaneous:
n. Appropriate $45,000 inspection fee revenue to the Public
Works Department operating budget within the Development
Services Fund for inspection of fiber optic cable installation by
Verizon/MCI .
Successor Agency Business:
Public Safety/Vital Services Measure:
8. CONSENT CALENDAR PUBLIC HEARINGS
Staff recommends conducting Consent Calendar Public Hearing and approval of
items.
9. HEARINGS
a. Third Public Hearing regarding Redistricting Ward
Boundaries. Will be heard at 6:00 p.m. pursuant to California
Elections Code Section 21628(c)
Staff recommends Council comment and to provide staff direction.
10. REPORTS
11. DEFERRED BUSINESS
12. NEW BUSINESS
13. COUNCILAND MAYORSTATEMENTS
14. CLOSED SESSION (if continued from 3:30 meeting)
15. ADJOURNMENT
(03
BAKERSFIELD
THE SOUND OF �'7eMR;(rylMt�'j)'e%fe.Y
ADMINISTRATIVE REPORT
MEETING DATE: 2/23/2022 Consent — Minutes a.
TO: Honorable Mayor and City Council
FROM: Julie Drimakis, City Clerk
DATE:
WARD:
SUBJECT: Approval of minutes of the February 2, 2022, Regular City Council
Meetings.
STAFF RECOMMENDATION:
BACKGROUND:
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17777",
ADMINISTRATIVE REPORT
MEETING DATE: 2/23/2022 Consent —Ordinances b.
TO: Honorable Mayor and City Council
FROM: Gregg Strakaluse, Public Works Director
DATE: 1 /31 /2022
WARD:
SUBJECT: Adoption of ordinance amending Chapter8.32 of Title 8 of the
Bakersfield Municipal Code relating to Solid Waste/Recyclable
Materials/Organic Waste.
(FR 21V2022)
STAFF RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
At the February 2, 2022 City Council meeting, the City Council conducted first reading of the
attached ordinance amending Bakersfield Municipal Code Chapter 8.32 of Title 8 relating to
Solid Waste / Recyclable Materials/ Organic Waste.
In September 2016, the Governor of California signed into law Senate Bill (SB) 1383: Short-
lived Climate Pollutants as part of a statewide effort to reduce the emissions of short-lived
climate pollutants establishing methane emissions reduction targets.
SB 1383 establishes targets to achieve a 50 percent reduction in the level of the statewide
disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction by 2025. SB
1383 is the most significant waste reduction mandate to be adopted in California in the last 30
years and requires all jurisdictions to implement a mandatory organic recycling ordinance by
January 1, 2022.
The regulations place requirements on multiple entities including all businesses, residents, and
multi -family apartments, to have access to recycling programs that capture food scraps,
landscaping waste among other organic waste materials to support achievement of statewide
organic waste disposal reduction targets.
As a result of SB 1383 and the regulations established by CalRecycle, the City is required to
implement the following practices to be considered compliant:
• Provide organic waste collection to all organic waste generators, including residents,
businesses, City facilities, and large events and venues.
• Monitor and enforce compliance for all generators and track activities via an electronic
database for annual reporting.
• Implement ordinances or similarly enforceable mechanisms.
• Procure products derived from California recycled organic waste such as compost, mulch,
and renewable natural gas produced from organic waste.
• Establish an edible food recovery program that recovers edible food from the waste
stream for human consumption.
• Conduct outreach and education to generators, haulers, facilities, and edible food recovery
organizations.
The proposed ordinance incorporates the provisions mandated by SB1383 and CalRecycle's
regulations into City's Municipal Code in compliance with State mandates. Enforcement of the
new organic recycling provisions of the Ordinances is required starting January 1, 2024.
ATTACHMENTS:
Description Type
ORDINANCE NO.
ORDINANCE AMENDING CHAPTER 8.32, SECTIONS 8.32.010;
8.32.020; 8.32.030; 8.32.40; 8.32.50; 8.32.60; 8.32.070;
8.32.80; 8.32.090; 8.32.100; 8.32.110; 8.32.120; 8.32.130;
8.32.140; 8.32.150; 8.32.160; 8.32.170; 8.32.180; 8.32.190;
8.32.200; 8.32.210 AND 8.32.220 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO REFUSE/SOLID
WASTE/RECYCLING.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 8.32, Section 8.32.010 of the Bakersfield Municipal Code is hereby
amended to read as follows:
Chapter 8.32 Solid Waste/Recyclable Materials/Organic Waste
8.32.010 Declaration of policy.
A. Adequate and proper discarded materials management must be instituted
and maintained by the city for the protection of the public health, safety and
welfare, and to comply with applicable laws and regulations related to waste
diversion and discarded materials management.
B. The council of the city of Bakersfield finds that to give practical effect to this
policy, a comprehensive system for the management of solid waste including
periodic collection, removal, processing, and disposal of discarded materials
from all places and premises within the city is essential and to accomplish this
purpose for the best interest and welfare of all the inhabitants of the city and
for the general benefit of the community at large, it is necessary to provide
that such services should be paid for directly by the owner and/or occupant
of all uses of property in the city, and therefore, all such owners and/or
occupants are made liable for the charges set by the city council.
C. Every such owner and/or occupant shall pay such charges whether or not
they use discarded materials services in all cases where such requirement is
lawful.
SECTION 2.
Chapter 8.32, Section 8.32.020 of the Bakersfield Municipal Code is hereby
amended to read as follows:
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
-- Page 1 of 39 Pages --
8.32.020 Definitions.
"Alternative daily cover" or "ADC" has the same meaning as in Section 20690 of
Title 27 of the California Code of Regulations.
"Alternative intermediate cover" or "AIC" has the same meaning as Section
20700 of Title 27 of the California Code of Regulations.
"Approved C&D processing facility" means the facility designated by the City to
which the collector or self -haulers shall transport C&D for processing.
"Approved disposal facility" means the facility designated by the city to which
the collector or self -haulers shall transport solid waste for disposal.
"Approved facilities" means any one or combination of the approved organic
waste processing facility, approved recyclable materials processing facility,
approved disposal facility, approved C&D processing facility, or other facility or
operation approved by the city for transfer, processing, and/or disposal of
discarded materials.
"Approved organic waste processing facility" means the facility designated by
the city to which the collector or self -haulers shall transport organic waste for
processing.
"Approved recyclable materials processing facility" means the facility
designated by the city to which the collector or self -haulers shall transport
recyclable materials for processing.
"Approved transfer facility" means the facility designated by the city to which the
collector may transfer discarded materials collected.
"Bin" means a rigid container with hinged lids and wheels with a capacity of at
least one cubic yard and less than ten cubic yards.
"Building materials" means bricks, stone, mortar, concrete, asphaltic concrete,
wood, or other debris incident to the construction or demolition of buildings or
structures.
"Bungalow court" means a group of two or more detached dwelling units
located upon a single lot or building site.
"CalRecycle" means California's Department of Resources Recycling and
Recovery.
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
-- Page 2 of 39 Pages --
"California Code of Regulations" or "CCR" means the State of California Code of
Regulations. CCR references in this chapter are preceded with a number that
refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
"Cart" means a plastic container with a hinged lid and wheels that is serviced by
an automated or semi -automated collection vehicle. A cart has capacity of 20,
35, 64 or 96 gallons (or similar volumes).
"City" means the city of Bakersfield, California, a political subdivision of the State
of California.
"City manager" means the city staff member or their designee who is partially or
wholly responsible for enforcing this chapter.
"Collect" or "Collection" (or any variation thereof) means the act of collecting
discarded materials at the place of generation in the city.
"Collection agreement" means a contract or franchise agreement entered into
between the city and a collector for provision of discarded materials services,
which may include, but is not limited to, collection, transportation, processing,
disposal, and relevant programmatic activities.
"Collector" means an agent or employee of the city or any person, firm,
corporation, or association or the agents or employees thereof licensed by
contract or franchise to collect, transport, process, and/or dispose of discarded
materials in the city.
"Commercial business" or "commercial" means a firm, partnership,
proprietorship, joint-stock company, corporation, or association, whether for -
profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling
with five or more dwelling units, or as otherwise defined in 14 CCR Section
18982(a) (6).
"Commercial Edible Food Generator" means a tier one commercial edible food
generator or tier two commercial edible food generator, or as otherwise defined
in 14 CCR Section 18982(a) (7). For the purposes of this definition, food recovery
organizations and food recovery services are not commercial edible food
generators, or as otherwise specified by 14 CCR Section 18982(a) (7).
"Compactor" means a mechanical apparatus that compresses materials
together with the container that holds the compressed materials or the container
that holds the compressed materials if it is detached from the mechanical
compaction apparatus. Compactors include two to eight cubic yard bin
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
-- Page 3 of 39 Pages --
compactors serviced by front-end loader collection vehicles and ten to fifty cubic
yard drop box compactors serviced by roll -off collection vehicles.
"Compliance Review" means a review of records by the city to determine
compliance with this chapter.
"Community Composting" means any activity that composts green material,
agricultural material, food material, and vegetative food material, alone or in
combination, and the total amount of feedstock and compost on -site at any one
time does not exceed 100 cubic yards and 750 square feet; or as otherwise
defined in 14 CCR Section 18982(a)(8).
"Compost" has the same meaning as in 14 CCR Section 17896.2(a) (4), which
stated, as of the effective date of this chapter, that "Compost" means the
product resulting from the controlled biological decomposition of organic solid
wastes that are source separated from the municipal solid waste stream, or which
are separated at an approved facility.
"Compostable Plastics" or "Compostable Plastic" means plastic materials that
meet the ASTM D6400 standard for compostability, or as otherwise described in
14 CCR Section 18984.1 (a) (1) (A) or 18984.2(a) (1) (C).
"Compacted discarded materials" means any compacted waste material
placed into commercial containers for processing or disposal.
"Container" means any bins, carts, compactors, roll -off boxes used or intended to
be used for the purpose of holding discarded materials.
"Container Contamination" or "Contaminated Container' means a container,
regardless of material type, that contains prohibited container contaminants, or
as otherwise defined in 14 CCR Section 18982(a) (55).
"County" means the County of Kern, California, a political subdivision of the State
of California.
"C&D" or "construction and demolition debris" includes discarded building
materials, packaging, debris, and rubble resulting from construction, alteration,
remodeling, repair, or demolition operations on any pavements, excavation
projects, houses, commercial buildings, or other structures, excluding excluded
waste. Construction and demolition debris includes rocks, soils, tree remains, and
other green waste which results from land clearing or land development
operations in preparation for construction.
"Designee" means a designated city department or city employee or an external
entity that the city contracts with or otherwise arranges to carry out any of the
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
-- Page 4 of 39 Pages --
city's responsibilities related to this chapter, as authorized in 14 CCR Section
18981.2. A designee may be a city department, city employee, government
entity, collector, private entity, or a combination of those entities.
"Development project" means any of the following:
1. A project for which a building permit is required for a commercial,
industrial, or institutional building, or residential building having five or more
living units, where discarded materials are collected and loaded and any
residential project where discarded materials are collected and loaded in
a location serving five or more living units.
2. Any new public facility where discarded materials are collected and
loaded and any improvements for areas of a public facility used for
collecting and loading discarded materials.
3. The definition of development project only includes subdivisions or tracts
of single-family detached homes if, within such subdivisions or tracts there
is an area where discarded materials are collected and loaded in a
location which serves five or more living units. In such instances, recycling
areas as specified in this chapter are only required to serve the needs of
the living units which utilize the discarded materials collection and loading
area.
"Discarded Materials" means any one or combination of solid waste, recyclable
materials, organic materials, or other material discarded by a generator.
"Discarded Materials Management" includes a planned program for effectively
controlling the generation, storage, collection, transportation, processing and
reuse, conversion or disposal of discarded materials in a safe, sanitary,
aesthetically acceptable, environmentally sound, and economical manner. It
includes all administrative, financial, environmental, legal and planning functions
as well as the operational aspects of discarded materials handling, source
reduction, disposal, and resource recovery systems necessary to achieve
established objectives.
"Edible Food" means food intended for human consumption. For the purposes of
this chapter, edible food is not discarded materials if it is recovered and not
discarded. Nothing in this chapter requires or authorizes the recovery of edible
food that does not meet the food safety requirements of the California Retail
Food Code.
"Enforcement officer" means the City Manager, or their designee, who shall have
the power to enforce., violations of the provisions of this chapter and to issue
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
-- Page 5 of 39 Pages --
citations for such violations in accordance with Chapter 5 of Title 3 of Part 2 of the
Penal Code of the State of California.
"Excluded Waste" means hazardous substance, hazardous waste, infectious
waste, designated waste, volatile, corrosive, medical waste, infectious, regulated
radioactive waste, and toxic substances or material that approved facility
operator(s), which receive materials from the city and its generators, reasonably
believe(s) would, as a result of or upon acceptance, transfer, processing, or
disposal, be a violation of local, state, or federal law, regulation, or ordinance,
including: land use restrictions or conditions, waste that cannot be disposed of in
Class III landfills or accepted at the approved facility by permit conditions, waste
that in city, or its designee's reasonable opinion would present a significant risk to
human health or the environment, cause a nuisance or otherwise create or
expose city, or its designee, to potential liability; but not including de minimis
volumes or concentrations of waste of a type and amount normally found in
single-family or multi -family solid waste after implementation of programs for the
safe collection, processing, recycling, treatment, and disposal of batteries and
paint in compliance with Sections 41500 and 41802 of the California Public
Resources Code. Excluded waste does not include materials defined as
allowable materials for collection through the city's collection programs and the
generator or customer has properly placed the materials for collection pursuant
to instructions provided by city or its designee for collection services.
"Food distributor" means a company that distributes food to entities including,
but not limited to, supermarkets and grocery stores, or as otherwise defined in 14
CCR Section 18982(a) (22).
"Food facility" has the same meaning as in Section 113789 of the Health and
Safety Code.
"Food recovery" means actions to collect and distribute food for human
consumption which otherwise would be disposed; or as otherwise defined in 14
CCR Section 18982(a) (24).
"Food recovery organization" means an entity that primarily engages in the
collection or receipt of edible food from commercial edible food generators and
distributes that edible food to the public for food recovery either directly or
through other entities, including, but not limited to:
1. A food bank as defined in Section 113783 of the Health and Safety
Code;
2. A nonprofit charitable organization as defined in Section 113841 of
the Health and Safety code; and,
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
-- Page 6 of 39 Pages --
3. A nonprofit charitable temporary food facility as defined in Section
113842 of the Health and Safety Code.
If the definition in 14 CCR Section 18982(a) (25) for food recovery organization
differs from this definition, the definition in 14 CCR Section 18982(a) (25) shall apply
to this chapter.
"Food recovery service" means a person or entity that collects and transports
edible food from a commercial edible food generator to a food recovery
organization or other entities for food recovery; or as otherwise defined in 14 CCR
Section 18982(a) (26).
"Food scraps" means all food such as, but not limited to, fruits, vegetables, meat,
poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and
eggshells. food scraps excludes fats, oils, and grease when such materials are
source separated from other food scraps.
"Food service provider" means an entity primarily engaged in providing food
services to institutional, governmental, commercial, or industrial locations of
others based on contractual arrangements with these types of organizations, or
as otherwise defined in 14 CCR Section 18982(a) (27).
"Food -soiled paper" is compostable paper material that has come in contact
with food or liquid, such as, but not limited to, compostable paper plates, paper
coffee cups, napkins, pizza boxes, and milk cartons.
"Food waste" means food scraps, and food -soiled paper.
"Food waste self -hauler" means a self -hauler who generates and hauls, utilizing
their own employees and equipment, an average of one cubic yard or more per
week, or 6,500 pounds or more per quarter of their own food waste to a location
or facility that is not owned and operated by that self -hauler. food waste self -
haulers are a subset of self -haulers.
"Grocery store" means a store primarily engaged in the retail sale of canned
food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and
any area that is not separately owned within the store where the food is prepared
and served, including a bakery, deli, and meat and seafood departments, or as
otherwise defined in 14 CCR Section 18982(a) (30).
"Generator" means any person whose act or process generates or produces
discarded materials, or whose act first causes discarded materials to become
subject to regulation under the Bakersfield Municipal Code or federal, state, or
local regulations.
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
-- Page 7 of 39 Pages --
"Green waste" means types of organic waste resulting from normal yard and
landscaping installation, maintenance, or removal.
"High diversion organic waste processing facility" means a facility that is in
compliance with the reporting requirements of 14 CCR Section 18815.5(d) and
meets or exceeds an annual average mixed waste organic content recovery rate
of fifty percent between January 1, 2022 and December 31, 2024, and seventy-
five percent after January 1, 2025, as calculated pursuant to 14 CCR Section
18815.5(e) for organic waste received from the "mixed waste organic collection
stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in
14 CCR Section 18982(a) (33).
"Improvement" means a change which adds to the value of a facility, prolongs
its useful life, or adapts it to new uses. Improvements should be distinguished from
repairs. Repairs keep facilities in good operating condition, do not materially add
to the value of the facility, and do not substantially extend the life of the facility.
"Industrial waste" means solid wastes or waste material resulting or left over from
industrial processes and manufacturing operations including, but not limited to:
fibers; fabrics; plastics; Styrofoam and expanded polystyrene; rubber; resins;
metals; slag; wood products, such as sawdust and shavings; packing materials;
putrescible material from food processing plants and slaughter -houses;
condemned food; cinders and ashes from power plants and incinerators; and
miscellaneous manufacturing wastes. Such industrial waste is distinguished from
ordinary commercial solid waste or so-called trade wastes which emanate from
stores, hotels, restaurants, and markets.
"Inspection" means a site visit where the city may review records, containers, and
an entity's collection, handling, recycling, or landfill disposal of recyclable
materials, organic waste, solid waste or edible food handling to determine if the
entity is complying with requirements set forth in this chapter, or as otherwise
defined in 14 CCR Section 18982(a)(35).
"Large Event" means an event, including, but not limited to, a sporting event or
a flea market, that charges an admission price, or is operated by a local agency,
and serves an average of more than 2,000 individuals per day of operation of the
event, at a location that includes, but is not limited to, a public, nonprofit, or
privately owned park, parking lot, golf course, street system, or other open space
when being used for an event. If the definition in 14 CCR Section 18982(a) (38)
differs from this definition, the definition in 14 CCR Section 18982(a) (38) shall apply
to this chapter.
"Large Venue" means a permanent venue facility that annually seats or serves
an average of more than 2,000 individuals within the grounds of the facility per
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
-- Page 8 of 39 Pages --
day of operation of the venue facility. For purposes of this chapter and
implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is
not limited to, a public, nonprofit, or privately owned or operated stadium,
amphitheater, arena, hall, amusement park, conference or civic center, zoo,
aquarium, airport, racetrack, horse track, performing arts center, fairground,
museum, theater, or other public attraction facility. For purposes of this chapter
and implementation of 14 CCR, Division 7, Chapter 12, a site under common
ownership or control that includes more than one large venue that is contiguous
with other large venues in the site, is a single large venue. If the definition in 14
CCR Section 18982(a) (39) differs from this definition, the definition in 14 CCR
Section 18982(a) (39) shall apply to this chapter.
"Mobile home" is a vehicle designed and equipped for human habitation and
for being drawn by a motor vehicle.
"Multi -family dwelling unit" or "multi -family" means of, from, or pertaining to, a
building designed for residential occupancy with five or more dwelling units
regardless of whether the residence therein is temporary or permanent, and
includes apartments, bungalows in a bungalow court, apartment houses, and
mobile homes, situated on a single parcel, and condominiums.
"Notice of violation (NOV)" means a notice that a violation of SB 1383 regulations
has occurred that includes a compliance date to avoid an action to seek
penalties, or as otherwise defined in 14 CCR Section 18982(a) (45) or further
explained in 14 CCR Section 18995.4.
"Occupant" includes and means every owner, tenant, occupant, or person
having the care or control of premises subject to direct charge for services within
the city.
"Organic materials" means any combination of food waste and green waste.
Organic materials is a subset of organic waste.
"Organic waste" means solid wastes containing material originated from living
organisms and their metabolic waste products including, but not limited to, food,
green waste, organic textiles and carpets, lumber, wood, paper products,
printing and writing paper, manure, biosolids, digestate, and sludges, or as
otherwise defined in 14 CCR Section 18982(a) (46).
"Owner" means the person holding the legal title or having a right to possession of
the real property constituting the collection premises to which discarded
materials collection service is provided or required to be provided hereunder.
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
-- Page 9 of 39 Pages --
"Paper products" include, but are not limited to, paperjanitorial supplies, cartons,
wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and
toweling, or as otherwise defined in 14 CCR Section 18982(a) (51).
"Printing and Writing Papers" include, but are not limited to, copy, xerographic,
watermark, cotton fiber, offset, forms, computer printout paper, white wove
envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint,
and other uncoated writing papers, posters, index cards, calendars, brochures,
reports, magazines, and publications, or as otherwise defined in 14 CCR Section
18982(a) (54).
"Prohibited container contaminants" means the following: (i) discarded materials
placed in the recyclable materials container that are not identified as
acceptable source separated recyclable materials for the city's recyclable
materials container; (ii) discarded materials placed in the organic materials
container that are not identified as acceptable source separated organic
materials for the city's organic materials container; (iii) discarded materials
placed in the solid waste container that are acceptable source separated
recyclable materials and/or source separated organic materials to be placed in
city's organic materials container and/or recyclable materials container; and, (iv)
excluded waste placed in any container.
"Person" means an individual, association, co -partnership, political subdivision,
government agency, municipality, industry, public or private corporation, firm,
organization, partnership, joint venture or any other entity whatsoever.
"Premises" means and includes any land, building and/or structure, or portion
thereof, in the City where discarded materials are produced, generated, or
accumulated, including the property, easements abutting sidewalks, alleyways
and the untraveled portion of an abutting public street.
"Process" or "processing" refers to the controlled separation, recovery, volume
reduction, conversion, or recycling of recyclable materials or organic waste prior
to the delivery of such material to an approved facility. Processing activities may
include, but are not limited to, organized, manual, automated, or mechanical
sorting, the use of vehicles for spreading of waste for the purpose of recovery,
and/or includes the use of conveyor belts, sorting lines, or volume reduction
equipment, or as otherwise defined in 14 CCR Section 17402(a) (20).
"Public facility" includes, but is not limited to, buildings, structures, marinas, and
outdoor recreation areas owned by a local agency.
"Recovery" means any activity or process described in 14 CCR Section
18983.1 (b), or as otherwise defined in 14 CCR Section 18982(a) (49).
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
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"Recycle," "recycled," or "recycling".is defined as a group of activities that results
in the diversion from disposal and final use of materials to manufacture new
products, including the process of collecting, sorting, cleansing, treating,
reconstituting, or otherwise processing materials that are or would otherwise
become solid waste and returning them to the economic mainstream in the form
of raw material for new, reused, or reconstituted products which meet the quality
standards necessary to be used in the marketplace.
"Recycling area" means space allocated for collecting and loading of
recyclable materials. Such areas shall have the ability to accommodate
receptacles for recyclable materials. Recycling areas shall be accessible and
convenient for those who deposit as well as those who collect and load any
recyclable materials placed therein.
"Recyclable materials" means post -consumer waste material that, when
separated from the waste stream, has value or reusable characteristics.
recyclable material shall include, but not be limited to, all California Redemption
Value materials, cardboard, glass, plastics, newspaper and other paper products,
and other materials as defined from time to time by the city manager or designee,
or in an active collection agreement.
"Recycling program" means any organized effort established by the city to
manage, divert, or recycle solid waste, organic waste, and/or recyclable
materials as defined from time to time.
"Residential" means of, from, or pertaining to a single-family premises or multi-
family premises, including single-family homes, apartments, condominiums,
townhouse complexes, mobile home parks, cooperative apartments or other
premises that are or may be designated as residential by the city.
"Responsible Party" means the owner, property manager, tenant, lessee,
occupant, or other designee that subscribes to and pays for recyclable materials,
organic materials, and/or solid waste collection services for a premises in the city,
or, if there is no such subscriber, the owner or property manager of a single-family
premises, multi -family premises, or commercial premises. In instances of dispute or
uncertainty regarding who is the responsible party for a premises, responsible
party shall mean the owner of a single-family premises, multi -family premises, or
commercial premises.
"Restaurant" means an establishment primarily engaged in the retail sale of food
and drinks for on -premises or immediate consumption, or as otherwise defined in
14 CC Section 18982(a) (64).
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
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"Roll -off box" means an open -top container with a capacity of seven to forty
cubic yards that is serviced by a roll -off collection vehicle.
"Route" means the designated itinerary or sequence of stops for each segment
of the city's collection service area, or as otherwise defined in 14 CCR Section
18982(a) (31.5).
"Route review" means a visual Inspection of containers along a route for the
purpose of determining container contamination and may include mechanical
inspection methods such as the use of cameras, or as otherwise defined in 14 CCR
Section 18982(a) (65).
"SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on
September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8
to the Health and Safety Code, and added Chapter 13.1 (commencing with
Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing
methane emissions reduction targets in a Statewide effort to reduce emissions of
short-lived climate pollutants as amended, supplemented, superseded, and
replaced from time to time.
"SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes
of this chapter, the Short -Lived Climate Pollutants: Organic Waste Reduction
regulations developed by CalRecycle and adopted in 2020 that created 14 CCR,
Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27
CCR.
"Single-family dwelling unit" or "single-family" means any residential premises with
less than five dwelling units, excluding bungalows in a bungalow court and mobile
homes.
"Self -haul" or any variation thereof, means the removal and transport of
discarded materials by any: i) commercial business owner, operator, property
manager, or employee; ii) multi -family building owner, property manager, or
employee; iii) residential generator; or, iv) any other generator type, to an
approved facility or other expressly approved site, provided that they use their
own vehicle and the discarded materials were generated in or on their own
premises. Self -haul includes a generator who back -hauls waste, as defined in 14
CCR Section 18982(a) (66) (A). Self -haul does not include any contractors or other
entities that receive compensation for discarded materials removal service.
"Solid Waste" has the same meaning as defined in State Public Resources Code
Section 40191, which defines solid waste as all putrescible and non-putrescible
solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper,
rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
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vehicles and parts thereof, discarded home and industrial appliances,
dewatered, treated, or chemically fixed sewage sludge which is not hazardous
waste, manure, vegetable or animal solid and semi -solid wastes, and other
discarded solid and semisolid wastes, with the exception that solid waste does
not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code
Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control
Law (Chapter 8 (commencing with Section 1 14960) of Part 9 of Division 104
of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste
Management Act (Part 14 (commencing with Section 1 17600) of Division
104 of the State Health and Safety Code). Untreated medical waste shall
not be disposed of in a solid waste landfill, as defined in State Public
Resources Code Section 40195.1. Medical waste that has been treated and
deemed to be solid waste shall be regulated pursuant to Division 30 of the
State Public Resources Code.
(4) Recyclable materials, organic waste, and construction and
demolition debris when such materials are source separated.
"Source Separated" means the segregation, by the Generator, of materials
designated for separate collection for some form of recycling, composting,
processing, recovery, or reuse.
"Standard container" means a metallic or plastic can or disposal polyethylene or
plastic bag of sufficient strength to prevent them being broken under ordinary
conditions. They shall have a maximum capacity of thirty-two gallons and such
cans shall not exceed eighty pounds and such bags shall not exceed forty pounds
when filled. Cans shall be equipped with a fly -tight cover, cover handles, and side
bales. Bags shall be secured at the top.
"Standard automated cart" means a plastic container with or without wheels,
provided by the city of Bakersfield for automated service purposes. Such
containers are typically sixty to three hundred gallon capacity and designed to
be serviced by side -loading automated equipment.
"State" means the state of California.
"Supermarket" means a full -line, self-service retail store with gross annual sales of
two million dollars, or more, and which sells a line of dry grocery, canned goods,
or nonfood items and some perishable items, or as otherwise defined in 14 CCR
Section 18982(a) (71).
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
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"Swill" means all classes of putrefactive and easily decomposable animal or
vegetable matter that is mixed with liquid and subject to immediate decay and
which has some property value.
"Tier one commercial edible food generator" means a commercial edible food
generator that is one of the following, each as defined in 14 CCR Section 18982:
1. Supermarket;
2. Grocery store with a total facility size equal to or greater than ten -
thousand square feet;
3. Food service provider;
4. Food distributor; or,
5. Wholesale food vendor.
If the definition in 14 CCR Section 18982(a) (73) of tier one commercial edible food
generator differs from this definition, the definition in 14 CCR Section 18982(a) (73)
shall apply to this chapter.
"Tier two commercial edible food generator" means a commercial edible food
generator that is one of the following, each as defined in 14 CCR Section 18982:
1. Restaurant with two hundred fifty or more seats, or a total facility size
equal to or greater than five thousand square feet.
2. Hotel with an on -site food facility and two hundred or more rooms.
3. Health facility with an on -site food facility and one hundred or more
beds.
4. Large venue.
5. Large event.
6. A State agency with a cafeteria with 250 or more seats or total
cafeteria facility size equal to or greater than five thousand square feet.
7. A local education agency with an on -site food facility.
If the definition in 14 CCR Section 18982(a) (74) of tier two commercial edible food
generator differs from this definition, the definition in 14 CCR Section 18982(a) (74)
shall apply to this chapter.
"Wholesale food vendor" means a business or establishment engaged in the
merchant wholesale distribution of food, where food (including fruits and
vegetables) is received, shipped, stored, prepared for distribution to a retailer,
warehouse, distributor, or other destination, or as otherwise defined in 14 CCR
Section 189852(a) (76).
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
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Whenever any Bakersfield Municipal Code section, state statute or any other law
or regulation is used herein it shall be understood to be the code section, statute,
law or regulation as currently constituted or as later amended.
SECTION 3.
Chapter 8.32, Section 8.32.030 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.030 Special charges.
A. Whenever any place, premises or use of property has accumulated
discarded materials which require special handling or are not prepared in
accordance with Section 8.32.130 or which are not regularly collected and
charged for under the provisions of this chapter or which have not been regularly
collected due to obstruction or other factors impeding pickup during scheduled
collection, or which require or request additional containers (if on automated
type service), or which require abatement of illegal dumping activities or
unsanitary premises violations, or which are placed in a commercial container in
a compacted state, collection and/or removal of such discarded materials shall
be considered a special collection.
B. Charges for such special collections shall be identified in Section 3.70.040 of
the Bakersfield Municipal Code and the related resolution setting fees. Such
charges may be adjusted from time to time to reflect the actual total cost of
providing such service. Properties served by standard automated carts which
require or request additional containers shall be charged an additional fee for
each additional container as established from time to time. Whenever any
property has containers which are not placed in accordance with Section
8.32.120, there may be levied a penalty as set forth in the general penalty
provision of Chapter 1.40, Section 1.40.010 of the Bakersfield Municipal Code.
C. Whenever any place, premises or use of property has damaged a container
through a negligent act or acts, a charge equivalent to the actual replacement
cost or repair shall be assessed the occupant as defined in this chapter. Actual
replacement or repair costs shall be determined by the city manager or designee.
D. Industries in the city, not the city, shall be responsible for the proper collection
and removal of industrial waste from industrial premises. The city manager or
designee shall determine what is and what is not industrial waste.
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
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SECTION 4.
Chapter 8.32, Section 8.32.040 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.040 Charge as debt against occupant of property —Penalty.
A. A charge set by the city council for discarded materials management services
shall be a civil debt owing to the city from the owner and/or occupant of the
property.
B. Any service user and/or property owner who fails or refuses to pay such
charges shall be subject to a penalty as set forth in the general penalty provision,
Section 1.40.010 of the Bakersfield Municipal Code.
C. Said additional charges shall be applicable only in the event that it becomes
necessary for the city to commence legal action to collect the charge.
SECTION 5.
Chapter 8.32, Section 8.32.050 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.050 Billing property owner.
A. The charges set by the city council for discarded materials management
services may be billed to the property owner who may collect such charges
imposed against the occupants of such unit or units located on such premises,
and shall transmit the amount so collected to the city.
B. In the event the property owner fails to collect such charges from any such
occupant and remit the same to the city, the property owner shall be liable to
the city for payment of such charges.
SECTION 6.
Chapter 8.32, Section 8.32.060 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.060 Billing, collection and payment of charges —Refunds.
A. The collection of the charges shall be under the direction, supervision and
control of the finance director.
B. Collection of charges for single-family dwelling units, duplexes, triplexes,
fourplexes and other dwelling units receiving residential service shall be submitted
by the finance director to the Kern County auditor -controller and tax collector,
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
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and to such other county officers as may be required, for placement of such
charges as assessments on the secured roll of the county and he or she shall
request that the tax collector each year collect and enforce the assessments in
the same manner as ad valorem property taxes. With respect to all other charges
(including commercial and multi -family discarded materials bin accounts), the
finance director may require billings to be paid up to three months in advance;
provided, that the first monthly charges shall be prorated.
C. The finance director may make refunds of advance payments on the same
pro rata basis if requested in writing in affidavit form by the depositor within three
months from the date of any termination of an account, otherwise no refund shall
be made. Adjustments for any increase or decrease of service shall otherwise be
made only on a monthly basis.
D. All charges set by the city council for discarded materials services or otherwise
imposed in this chapter are due and payable on the first day of the month and
become delinquent after the last day of the month. Interest at the rate of one
percent per month shall be added to any delinquency. Should the city resort to
court action to collect amounts due, the city shall be entitled also to collect its
reasonable costs, including attorneys' fees.
SECTION 7.
Chapter 8.32, Section 8.32.070 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.070 Additional powers and duties to make rules and regulations.
The finance director shall have the power and duty, and is directed to enforce
the provisions of this chapter relating to the billing and collection of charges for
city discarded materials management services, and may make such rules and
regulations as are consistent with the provisions of this chapter as may be
necessary or desirable to aid in such administration and enforcement.
SECTION 8.
Chapter 8.32, Section 8.32.080 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.080 Accumulation unlawful —Abatement.
It is unlawful and declared to be a public nuisance for any owner and/or
occupant to permit the accumulation of solid waste to become or remain
offensive, unsightly, or unsafe to public health or hazardous from fire, or to deposit,
keep, or accumulate, or permit or cause any solid waste to be deposited, kept,
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
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or accumulated upon any lot or parcel of land, or any public or private place,
street, lane, alley, or driveway, except as provided in this chapter. The city
manager or designee may take action to abate the nuisance pursuant to the
procedures set forth in Chapter 8.80 of this code.
SECTION 9.
Chapter 8.32, Section 8.32.090 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.090 Unlawful dumping —Abatement.
It is unlawful for any person or persons to place, deposit or dump, or cause to be
placed, deposited or dumped upon any right-of-way, street or thoroughfare, or
upon any public or private property, or on any premises, or in any discarded
materials container, without the permission of the owner thereof, of solid waste,
recyclable materials, organic waste, bulky items, construction and demolition
debris, or other material of any kind whatsoever.
SECTION 10.
Chapter 8.32, Section 8.32.100 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.100 Unlawful recovery/redemption of recyclable materials —Abatement.
It is unlawful for any person or persons to remove recyclable materials from any
containers identified as being provided for a city approved recycling program.
This provision does not preclude a property owner from separating and hauling
recyclable materials generated on the premises.
SECTION 11.
Chapter 8.32, Section 8.32.1 10 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.110 Required containers.
Every person who is the owner of any single-family, multi -family, or commercial
property shall at all places or premises in the city maintain sufficient clean
containers, free from jagged edges and in good repair and strength to hold all
discarded materials created, produced, or accumulated on the premises
between regular collections as established and approved by the city manager
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
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or designee. In the event that a conflict exists between the property owner and
the person in charge or control of the property on a day to day basis, the property
owner shall be responsible for compliance with this code.
A. City shall have the authority to determine the appropriate size for each
discarded materials container. A sufficient number of containers shall mean, but
not be limited to, the following:
1. For single-family dwelling units, a minimum of one container for solid
waste, one container for recyclable materials, and one container for organic
materials.
2. For multi -family dwelling units, a minimum of one container for solid waste,
one container for recyclable materials, and one container for organic
materials per unit, unless another requirement is set by the city manager or
designee.
3. For commercial premises, or other places, premises and uses of property,
a minimum of one container for solid waste, one container for recyclable
materials, and one container for organic materials per unit, unless another
requirement is set by the city manager or designee.
4. Commercial generators and multi -family dwelling units shall:
a. Supply and allow access to adequate number, size, and location of
collection containers with sufficient labels or colors (conforming to Section
8.32.110(5) below) for employees, contractors, tenants, and customers
consistent with city's container requirements.
b. Periodically inspect source separated recyclable materials and
organic materials containers for contamination and inform employees if
prohibited container contaminants are found and of the requirements to
keep prohibited container contaminants out of those containers pursuant to
14 CCR Section 18984.9(b) (3).
5. Commercial businesses shall: a. Provide containers for the collection
of source separated organic materials, recyclable materials, and solid waste
in all indoor and outdoor areas where discarded materials containers are
provided for customers, for materials generated by that business, in
accordance with the city's discarded materials collection system and
applicable collection agreement(s). Such source separated containers do
not need to be provided in restrooms. If a commercial business does not
generate any of the materials that would be collected in one type of
container, then the business does not have to provide that particular
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
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container in all areas where disposal containers are provided for customers.
Pursuant to 14 CCR Section 18984.9(b), the containers provided by the
business shall have either or both of the following:
(1) A body and/or lid that conforms with the colors of the
recyclable materials, organic materials, and solid waste collection
containers provided through the city's discarded materials
collection program, for each material type; and/or,
(2) Container labels that comply with the requirements of 14
CCR Section 18984.8 and include language or graphic images, or
both, indicating the primary materials accepted and the primary
materials prohibited in that container. Labels shall clearly indicate
primary items that are prohibited container contaminants for each
container. Pursuant 14 CCR Section 18984.8, the container labeling
requirements are required on new containers commencing January
1, 2022.
Notwithstanding this subsection, a commercial business is not required
to replace functional containers, including containers purchased prior
to January 1, 2022, that do not comply with the requirements of the
subsection prior to the end of the useful life of those containers, or prior
to January 1, 2036, whichever comes first.
6. If any place, premises, or use of property accumulates or generates
twelve or more cubic yards of discarded materials per day, the city
manager or designee may require the occupant to provide and install a
compactor or roll -off box of sufficient capacity to hold accumulated solid
waste, recyclable materials, or organic materials. .
7. Properties receiving automated type services are limited to one
standard automated cart of given capacity each scheduled service day,
unless additional cart service has been requested by occupant and proper
payment for said service provided.
8. All discarded materials containers, as defined in this chapter, shall be
maintained in a clean and sanitary condition at all times by the owner
and/or occupant of the property.
B. When not being filled or emptied, all containers must be kept tightly closed. It
is unlawful for any person, not authorized to do so, to open such containers to
collect, remove, or to scatter the discarded materials stored therein.
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
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SECTION 12.
Chapter 8.32, Section 8.32.120 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.120 Collection points for discarded materials.
For collection purposes, every person shall place discarded materials containers
in accordance with the following rules and regulations.
A. In those portions of the city where there is an alley abutting the premises, all
properly prepared discarded materials shall be placed adjacent to the alley as
near as possible to the property line, except when impracticable; such containers
shall be placed as directed by the city manager or designee.
B. In those portions of the city where there are no alleys, properly prepared
discarded materials shall be placed adjoining the private driveway, where
feasible, as near the front of the house as practicable, but in no case more than
fifty feet distant from the curbline adjacent to the street from which such driveway
extends. Standard automated cart service requires containers be placed at a
curbside or alley location or as determined by the city manager or designee.
C. Discarded materials containers shall be placed on or near ground level, or if
necessary a rack, not to exceed two feet above the ground, shall be constructed
so that the containers will not tip over.
D. In no event shall the collector be required to collect residential discarded
materials through any gate, nor shall such collector be required to collect
discarded materials through any trellis, pergola, arbor, clothesline, carport or
within any enclosed structure, unless otherwise specified in an active collection
agreement. It shall be the responsibility of the person receiving discarded
materials management service to provide free and proper access to discarded
materials containers.
E. Standard automated carts supplied by the city of Bakersfield shall be placed
at a location determined by the city manager or designee. Residents receiving
standard automated cart service are required to place all discarded materials in
supplied containers for removal.
F. Bins shall be placed on four -inch concrete slabs at grade level or on slabs of
similar construction or material if approved by the city manager or designee.
Requirements are delineated in city specifications.
G. Recycling areas shall be provided for all development projects,
improvements, and public facilities as defined, or demonstrate reasonable
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proximity to an existing buy-back or drop-off recycling center to allow daily
removal of recyclables. Containment areas shall at a minimum be one hundred
percent duplicated from either the existing enclosure/containment area size or
those depicted in city specifications. All development projects shall comply with
the requirements of the California Green Building Standards Code, California
Code of Regulations, Title 24, Part 11 as amended July 1, 2019 and effective
January 1, 2020; as adopted by the City under chapter 15.19. t
H. The city manager or designee may require an enclosed structure around
containers if an unenclosed container is determined to be unsightly.
SECTION 13.
Chapter 8.32, Section 8.32.130 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.130 Preparation of discarded materials.
A. For the protection of the collector and efficient handling, all discarded
materials shall be placed in the appropriate discarded material containers unless
otherwise provided for in this section. All solid waste shall be placed in the solid
waste container, all source separated recyclable materials shall be placed in the
recyclable materials container, and all organic materials shall be placed in the
organic materials container. Said containers shall be kept free of all liquids and
further prepared in the following manner:
1. Discarded materials are to be securely placed in either a cart,
bin, compactor, or roll -off box.
2. Swill, when the city manager or designee determines a premises
is producing it in sufficient quantities so as to be salvageable, shall be
separately accumulated in standard containers, or otherwise
disposed as solid waste.
3. Animal or human excrement and all types of disposable diapers
must be wrapped securely and placed in solid waste containers or
standard automated carts.
4. Grass clippings are to be placed in organic materials containers
or cardboard containers, provided such containers do not exceed
fifty pounds in weight when served by the collector. Cardboard
containers will be taken unless otherwise indicated that they are to
remain. Areas served by standard automated carts are required to
place all grass clippings in the cart; no other container shall be
serviced.
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5. Green waste, including shrubbery and brush trimmings, with
branches not over one and one-half inches in diameter shall either
be securely tied in bundles on both ends not exceeding four feet in
length or eighteen inches in diameter, or placed in cardboard
containers that, including their contents, do not exceed three cubic
feet each nor fifty pounds in weight. Such material shall not be
placed in any discarded materials container. Exception: Standard
automated cart areas shall cut branches to fit inside container.
Branches must be cut to a sufficient length allowing material to freely
fall from standard automated carts when inverted by mechanical
means.
6. All ashes must be thoroughly cold by the day of collection;
residential ashes must be placed in a disposable cardboard box not
to exceed fifty pounds or disposed in a manner approved by the city
manager or designee. Ash may only be placed in automated carts
after complete cooling is accomplished in a properly secured plastic
or paper bag.
7. Containers, cardboard boxes, or other receptacles containing
grass clippings, weeds or leaves, may also contain dirt which is
incidental to such green waste; provided, that the maximum
permitted weight is not exceeded; under no circumstances is sod to
be placed out for removal by the collector.
8. Any discarded materials not prepared in accordance with this
section need not be handled by the collector, unless otherwise
specified in an active collection agreement, and if allowed to lie
about and accumulate for any length of time shall be deemed in
violation of Section 8.32.140.
SECTION 14.
Chapter 8.32, Section 8.32.140 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.140 Collection, processing, and disposal.
A. It is unlawful for any person to collect, remove or dispose or to enter into any
agreement to collect, remove or dispose or to allow the collection, removal or
disposal of, solid waste or swill, unless such person making such collection, removal
or disposal, is the collector as defined in Section 8.32.020.
B. It is unlawful for any person to collect, remove or dispose or to enter into an
agreement to collect, remove or dispose or allow the collection, removal,
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
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processing, or disposal of any salvageable materials, recyclable materials, or
organic materials, unless such person making such collection, removal, processing,
or disposal, is the collector as defined in Section 8.32.020.
C. It is unlawful for any person to collect, remove or dispose or to enter into an
agreement to collect, remove or dispose or to allow the collection, removal,
processing, or disposal of discarded materials unless such person making such
collection, removal, processing, or disposal, is the collector as defined in Section
8.32.020 or is an approved self -hauler as defined in Section 8.32.020.; provided,
however, that every person engaging in the business of gardening or landscaping
is authorized to collect, remove, and transport green waste as an incident to such
business to the approved organic waste processing facility.
D. Any person in the city authorized as a collector shall collect on predetermined,
regularly scheduled days as required by the city manager or designee.
E. Transportation of all discarded materials or swill by authorized collectors shall
be in leak -proof and fly -proof containers or in leak -proof vehicle bodies or
compartments fitted with sliding or hinged covers, which shall be kept closed at
all times, except that one cover at a time may be open during loading. All such
containers, vehicle bodies and compartments, must be kept clean at all times.
F. Transportation of all discarded materials shall be in vehicles so constructed and
equipped that said discarded materials cannot be blown, sifted through, nor
allowed to fall upon any street, lane, alley, or driveway.
G. Disposal requirements shall be as follows:
1. It is unlawful at any time for any person, including the collector, to burn
or bury any discarded materials within the city except at the approved
disposal facility or other approved areas and then only in accordance with
the rules and regulations governing the use of these disposal areas.
2. It is unlawful at anytime for any person, including the collector, to dump
discarded materials at any place within the city except at the approved
facility(ies), unless such other places have been approved by the city.
3. It is unlawful at any time for any person, including the collector, to bury
any discarded materials within the city, except at the applicable approved
facility or other approved areas.
H. All discarded materials shall otherwise become the property of the city upon
the authorized collection thereof as provided in this chapter. (Ord. 4811 § 1, 2015;
Ord. 3605 § 1, 1994)
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
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I. Collectors providing discarded materials collection services shall meet the
following standards as a condition of approval of its collection agreement with the
city to collect discarded materials:
1. All discarded materials shall be removed from the premises and
transported and properly disposed at the applicable approved facilities, all
in compliance with applicable sections of this code, no less than once per
week, or, another frequency determined by the city manager in
compliance with applicable law.
2. Through written notice to the city, submitted at the some time as the
collector's annual report, identify the facilities to which they will transport
discarded materials, including facilities for source separated recyclable
materials, source separated organic materials, and solid waste, unless
otherwise stated in the collection agreement with the city.
3. Transport discarded materials to the applicable approved facility for
each discarded material type or to the approved transfer facility for
subsequent transfer to the applicable approved facility for each discarded
material type, as follows:.
a. Transport source separated recyclable materials to the
approved recyclable materials processing facility that recovers those
materials;
b. Transport source separated organic materials to the approved
organic waste processing facility, operation, or activity that recovers organic
waste, in accordance with 14 CCR, Division 7, Chapter 12, Article 2;
C. Transport solid waste to the approved disposal facility or
operation that processes or disposes of solid waste;
d. Transport manure, if separately collected in accordance with
an active collection agreement, to a facility that manages manure in
conformance with 14 CCR Article 12 and such that the manure is not disposed.
e. Organic waste shall not be used as alternative daily cover or
alternative intermediate cover.
J. Facility operators and community composting operations shall comply with
the following requirements:
1. Owners of facilities, operations, and activities located in the city's
boundaries that recover organic waste, including, but not limited to, compost
facilities, in -vessel digestion facilities, and publicly -owned treatment works
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
-- Page 25 of 39 Pages --
shall, upon city request, provide information regarding available and potential
new or expanded capacity at their facilities, operations, and activities,
including information about throughput and permitted capacity necessary for
planning purposes. Entities contacted by the city shall respond within sixty
days.
2. Community composting operators with operations located in the city's
boundaries, upon city request, shall provide information to the city to support
organic waste capacity planning, including, but not limited to, an estimate of
the amount of organic waste anticipated to be handled at the community
composting operation. Entities contacted by the city shall respond within sixty
days.
3. Owners of facilities, operations, and activities located in the city's
boundaries that receive recyclable materials, organic materials, and/or solid
waste shall provide to the city on a quarterly basis copies of all reports they are
required to report to CalRecycle under 14 CCR Section 18815.9.
K. Self -haulers shall comply with the following requirements:
1. Generators or other approved entities may opt to self -haul, as defined, their
own discarded materials to the applicable approved facility for each material
type, with the express written permission of the city manager or their designee,
provided that the generator's own vehicle is used and the discarded materials
are generated on their own premises.
2. Self -haulers shall source separate all recyclable materials and organic
waste materials (materials that the collector otherwise collects in their organic
materials and recyclable materials collection services) generated on site from
solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2,
or shall haul organic waste to a high diversion organic waste processing facility
as specified in 14 CCR Section 18984.3.
3. Self -haulers shall transport their source separated recyclable materials to
the approved recyclable materials processing facility that recovers those
recyclable materials; and transport their source separated organic waste to
the approved organic waste processing facility, operation, activity or property
that processes or recovers source separated organic waste. Alternatively, self -
haulers may haul organic waste to a high diversion organic waste processing
facility.
a. Self -haulers must properly separate all recyclable materials
and organic materials and deposit materials in appropriate containers or
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
-- Page 26 of 39 Pages --
designated areas at the applicable approved facilities, and must follow all
other applicable rules and regulations.
4. Self -haulers must dispose of discarded materials at intervals determined
satisfactory by the city manager or designee in the written approval specified
in Section 8.32.140(K).
5. Self -haulers must establish an account at the approved facility(ies) where
the self -hauler delivers materials, or provide alternate arrangements deemed
acceptable to the city manager or designee.
6. Self -haulers that are commercial businesses shall keep a record of the
amount of source separated organic waste delivered to each approved
facility , operation, activity, or property that processes or recovers organic
waste; this record shall be subject to inspection by the city or county. The
records shall include the following information:
a. Delivery receipts and weight tickets from the entity accepting
the waste.
b. The amount of material in cubic yards or tons transported by
the generator to each entity.
C. If the material is transported to an entity that does not have
scales on -site, the self -hauler is not required to record the weight of material
but shall keep a record of the entities that received the organic waste.
7. Self -haulers shall retain all records and data required to be maintained by
this section for no less than five years after the recyclable materials, organic
materials, and/or solid waste was first delivered to the facility accepting the
material.
8. Self -haulers that are commercial businesses or multi -family premises shall
provide copies of records required by this chapter to city, upon request by the
city manager or their designee, or at standard reporting frequencies specified
in the written approval or otherwise specified by the city manager or their
designee.
9. A residential organic waste generator that self -hauls source separated
organic waste is not required to record or report information in Section
8.32.140(8) .
10. Pursuant to 14 CCR Section 18815.9, food waste self -haulers are required to
maintain records and report to CalRecycle information on the tons of food
waste self -hauled and the facilities or each use of such material. Food waste
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
-- Page 27 of 39 Pages --
self -haulers shall provide to the city on a quarterly basis copies of all reports
they are required to report to CalRecycle.
SECTION 15.
Chapter 8.32, Section 8.32.150 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.150 Generator Requirements - Mandatory Services Required
A. It shall be the duty of every person who is the owner of any single-family,
multi -family, or commercial property within the city to make arrangements for the
proper collection and disposal of discarded materials generated or accumulated
on the premises in accordance with this chapter.
1. It shall bye the duty of every generator of discarded materials to
participate in discarded materials collection, by placing all discarded
materials in the appropriate discarded material container as described in
Section 8.32.130.
a. Generators may self -haul discarded materials if they meet the self -
haul requirements prescribed in Section 8.32.140.
b. Generators may manage their source -separated organic waste by
preventing or reducing their organic waste, managing organic waste on
site, or using a community composting site pursuant to 14 CCR Section
18984.9(c) and as described in Section 8.32.140 of this Municipal Code.
B. Commercial businesses and property owners of multi -family dwelling units
shall:
Annually provide information to employees, contractors, tenants, and
customers about organic waste recovery requirements and about
proper sorting of source separated recyclable materials and organic
materials per the requirements in the collection agreement and this
chapter.
2. Provide education information before or within fourteen days of
occupation of the premises to new tenants that describes requirements
to keep source separated organic materials and source separated
recyclable materials separate from solid waste and the location of
containers and the rules governing their use at each property.
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
-- Page 28 of 39 Pages --
3. Provide or arrange access for city or its designee to their properties during
all inspections conducted in accordance with Section 8.32.14-590 of this
chapter to confirm compliance with the requirements of this chapter.
4. If a commercial business wants to self -haul, meet the self -hauler
requirements in Section 8.32.140 of this chapter.
C. Upon request, a person who is the owner of any single-family property within
the city may receive a medical assistance service accommodation in the form
of a smaller cart or alternative service location provided that the person presents
the city with written medical verification from their current physician. The specific
guidelines of the medical assist program shall be determined by the city
manager or designee and may be published from time to time on the city's
website.
D. Nothing in this section prohibits a generator from preventing or reducing
waste generation, managing organic waste on site, or using a community
composting site pursuant to 14 CCR Section 18984.9(c).
SECTION 16.
Chapter 8.32, Section 8.32.160 of the Bakersfield Municipal Code is hereby
amended and added to read as follows:
8.32.160 Generator Requirements - Waivers for Commercial and Multi -Family
Generators
Commercial businesses and multi -family dwellings may apply for waivers where
practical difficulties make it impossible or extremely difficult to carry out the strict
letter of this Chapterwith respect to any particular premises orwhere unnecessary
hardship will be caused by complying with this Chapter with respect to any
particular premises. Under these circumstances, the city manager or their
designee may issue special written permits (waivers) authorizing variations from
the provisions of this Chapter, subject to such terms and conditions as may
deemed necessary to protect the public health and safety of the city. Special
written permits include:
A. De Minimis Waivers. The city may waive a commercial business or multi -family
dwelling's obligation to comply with some or all of the source separated organic
materials collection requirements of this chapter if the commercial business
provides documentation that the business generates below a certain amount of
organic waste material as described in Section 8.32.14260(1) below. Commercial
businesses and multi -family dwellings requesting a de minimis waiver shall:
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
-- Page 29 of 39 Pages --
Submit an application specifying the services that the generator is
requesting a waiver from and provide documentation that either:
a. The commercial business' total solid waste collection service is two
cubic yards or more per week and organic waste subject to
collection in a recyclable materials or organic materials container
comprises less than 20 gallons per week per applicable container
of the business' total waste; or,
b. The commercial business' total solid waste collection service is less
than two cubic yards per week and organic waste subject to
collection in a recyclable materials or organic materials container
comprises less than 10 gallons per week per applicable container
of the business' total waste.
2. Notify the city if circumstances change such that commercial
business' waste exceeds the threshold required forwaiver, in which
case the waiver will be rescinded.
3. Provide written verification of eligibility for de minimis waiver every
five years, if the city has approved the de minimis waiver.
B. Physical Space Waivers. The city may waive a commercial business'
or multi -family property owner's obligations to comply with some or all of the
organic waste collection service requirements if the city has evidence from
its own staff, a collector, licensed architect, or licensed engineer,
demonstrating that the premises lack adequate space for compliance with
the organic waste collection requirements of this chapter.
A physical space waiver may also be requested if a commercial business or
property owner documents that the premises lacks adequate space for
source separated organic materials and recyclable materials containers.
Commercial business, business owner, or property owner requesting a
physical space waiver shall:
1. Submit an application form specifying the type(s) of collection
services for which they are requesting a compliance waiver.
2. Provide documentation that the premises lacks adequate
space for recyclable materials containers and/or organic materials
containers including documentation from its collector, licensed architect, or
licensed engineer.
3. Provide written verification to city that it is still eligible for
physical space waiver every five years, if city has approved application for
a physical space waiver.
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
-- Page 30 of 39 Pages --
C. Collection Frequency Waivers: The city, at its discretion and in
accordance with 14 CCR Section 18984.11 (a) (3), may allow the organic
waste generator including owner or tenant of any residence, premises,
business establishment or industry that subscribes to the city's collection
service to arrange for the collection of their recyclable materials container,
solid waste container, or both once every fourteen days, rather than once
per week.
SECTION 17.
Chapter 8.32, Section 8.32.170 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.170 Generator Requirements - Commercial Edible Food Generators
A. Tier one commercial edible food generators must comply with the
requirements of this section commencing January 1, 2022, and tier two
commercial edible food generators must comply commencing January 1, 2024
pursuant to 14 CCR Section 18991.3.
B. Commercial edible food generators shall comply with the following
requirements:
1. Arrange to recover the maximum amount of edible food that
would otherwise be disposed.
2. Contract with or enter into a written agreement with food recovery
organization(s) or food recovery service (s) for: (i) the collection of edible food
for food recovery; or, (ii) acceptance of the edible food that the commercial
edible food generator self -hauls to the food recovery organization for food
recovery.
3. Shall not intentionally spoil edible food that is capable of being
recovered by a food recovery organization or a food recovery service.
4. Allow city's designated enforcement officer to access the
premises and review records pursuant to 14 CCR Section 18991.4.
5. Keep records that include the following information, or as
otherwise specified in 14 CCR Section 18991.4:
a. A list of each food recovery service or food recovery
organization that collects or receives the commercial edible food
generator's edible food pursuant to a contract or written
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
-- Page 31 of 39 Pages --
agreement established in accordance with 14 CCR Section
18991.3(b).
b. A copy of all contracts or written agreements established in
accordance with 14 CCR Section 18991.3(b).
c. A record of the following information for each recovery service
or food recovery organization:
(1) The name, address, and contact information of the food
recovery service or food recovery organization.
(2) The types of edible food that will be collected by or self -
hauled to the food recovery service or food recovery organization.
(3) The established frequency that edible food will be
collected or self -hauled.
(4) The quantity of food, measured in pounds recovered per
month, collected or self -hauled to a service or organization for
food recovery.
6. No later than December 31 of each year, provide an annual food
recovery report to the city that includes the following information:
a. The amount, in pounds, of edible food donated to a food
recovery service or food recovery organization annually; and,
b. The amount, in pounds of edible food rejected by a food
recovery service or food recovery organization annually.
c. Any additional information required by the city manager or
their designee.
C. Large venue or large event operators not providing food services,
but allowing for food to be provided by others, shall require food facilities
operating at the large venue or large event to comply with the requirements
of this section, commencing January 1, 2024.
D. Nothing in this ordinance shall be construed to limit or conflict with
the protections provided by the California Good Samaritan Food Donation
Act of 2017, the Federal Good Samaritan Act. or share table and school food
donation guidance pursuant to Senate Bill 557 of 2017 (approved by the
Governor of the State of California on September 25, 2017, which added
Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
-- Page 32 of 39 Pages --
4 of Title 2 of the Education Code, and to amend Section 114079 of the
Health and Safety Code, relating to food safety, as amended,
supplemented, superseded and replaced from time to time).
SECTION 18.
Chapter 8.32, Section 8.32.180 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.180 Edible Food Recovery Organizations and Services
A. Food recovery services collecting or receiving edible food directly from
commercial edible food generators, via a contract or written agreement
established under 14 CCR Section 18991.3(b), shall maintain the following records,
or as otherwise specified by 14 CCR Section 18991.5(a) (1):
1. The name, address, and contact information for each
commercial edible food generator that the food recovery service
collects edible food from.
2. The quantity in pounds of edible food collected from each
commercial edible food generator per month.
3. The quantity in pounds of edible food transported to each
food recovery organization per month.
4. The name, address, and contact information for each food
recovery organization that the food recovery service transports
edible food to for food recovery.
B. Food recovery organizations collecting or receiving edible food directly from
commercial edible food generators, via a contract or written agreement
established under 14 CCR Section 18991.3(b), shall maintain the following records,
or as otherwise specified by 14 CCR Section 18991.5(a) (2):
1. The name, address, and contact information for each
commercial edible food generator that the organization receives
edible food from.
2. The quantity in pounds of edible food received from each
commercial edible food generator per month.
3. The name, address, and contact information for each food
recovery service that the organization receives edible food from for
food recovery.
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
-- Page 33 of 39 Pages --
C. Food recovery organizations and food recovery services shall inform
generators about California and Federal Good Samaritan Food Donation Act
protection in written communications, such as in their contract or agreement with
the generators.
D. Food recovery organizations and food recovery services that have their
primary address physically located in the city and contract with or have written
agreements with one or more commercial edible food generators pursuant to 14
CCR Section 18991.3(b) shall report to the city the total pounds of edible food
recovered in the previous calendar year from the commercial edible food
generators they have established a contract or written agreement with pursuant
to 14 CRR Section 18991.3(b) no later than December 31 of each year.
E. Food recovery services and food recovery organizations operating in the
city shall provide information and consultation to the city, upon request, to
support edible food recovery capacity planning assessments or other studies that
are conducted by the city or its designated entity. A food recovery service or
food recovery organization shall respond to any request for information within sixty
days unless another timeframe is specified by the city.
SECTION 19.
Chapter 8.32, Section 8.32.190 of the Bakersfield Municipal Code is hereby
amended and added to read as follows:
8.32.190 Inspections and Investigations
A. The enforcement officer or their designee shall be authorized to
conduct inspections and investigations, at random or otherwise, of any collection
container, collection vehicle loads, or transfer, processing, or the applicable
approved facilities for materials collected from generators, or source separated
materials to confirm compliance with Sections 8.32.140, 8.32.14�50, 8.32.14260,
8.32.14-370, and 8.32.14480 of this code by commercial and residential generators,
property owners, commercial edible food generators, collectors and self -haulers,
and food recovery services and food recovery organizations, subject to
applicable laws. Per chapter 1.40 of this code, these powers include the power
to issue administrative citations, the power to assess and collect civil fines and
penalties as provided in this chapter. This section does not allow city staff to enter
the interior of a private residential property for inspection, unless otherwise
authorized by applicable law.
B. Regulated entities shall provide or arrange for access during all inspections
(with the exception of residential property interiors) and shall cooperate with the
enforcement officer or their designee during such inspections and investigations.
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
-- Page 34 of 39 Pages --
The enforcement officer shall be authorized to enter upon any property or
premises to ascertain whether there are violations of this code, and to make any
inspections and investigations that may include confirmation of proper
placement of materials in containers, edible food recovery activities, records, or
any other requirement of this chapter as may be necessary in the performance
of the enforcement officer's duties.
C. Failure to provide or arrange for access to an entity's premises; or access
to records for any inspection or investigation is a violation of this chapter and may
result in a determination that the generator is out of compliance with one or more
requirements of this chapter.
If the property owner or other responsible person refuses permission to enter
or inspect, the public official may seek an administrative inspection warrant
pursuant to the California Code of Civil Procedure or as otherwise authorized by
law. Following the obtaining of owner permission to inspect or a lawful inspection
warrant, the public official is authorized to conduct examinations and surveys that
may include, but are not limited to, the taking of photographs or video recordings
and the taking of samples or other physical evidence or recordings. All
inspections, entries, examinations, and surveys shall be done in a reasonable
manner and shall at all times comply with constitutional and statutory
requirements.
D. Beginning January 1, 2022 and through December 31, 2023, city or its
designee will conduct inspections, route reviews or waste composition
evaluations, and compliance reviews, depending upon the type of regulated
entity, to determine compliance with this chapter. If the city or its designee
determines that the organic waste generator, self -hauler, collector, tier one
commercial edible food generator, food recovery organization, food recovery
service, or other entity is not in compliance, it shall provide educational materials
to the entity describing its obligations under this chapter and a notice that
compliance is required by January 1, 2022 and that violations may be subject to
administrative civil penalties starting on January 1, 2024.
1. For incidents of prohibited container contaminants found in
containers, the city or its designee will issue a notice of violation to any
generator found to have prohibited container contaminants in their
container.
E. Beginning January 1, 2024, if the city determines that an organic waste
generator, self -hauler, collector, commercial edible food generator, food
recovery organization, food recovery service, or other entity is not in compliance
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
-- Page 35 of 39 Pages --
with this chapter, it shall document the noncompliance or violation and issue a
notice of violation pursuant to Chapter 1.40 and Chapter 8.32 of this code.
F. Any records obtained by the city during its inspections and other reviews shall
be subject to the requirements and applicable disclosure exemptions of the
Public Records Act as set forth in Government Code Section 6250 et seq.
G. The enforcement officer or their designee(s) are authorized to conduct any
inspections or other investigations as reasonably necessary to further the goals of
this chapter, subject to applicable laws.
H. City shall receive written complaints from persons regarding an entity that
may be potentially non -compliant with SB 1383 regulations, including receipt of
anonymous complaints.
I. Any person who violates any provisions of this code, as amended from time
to time, or any person who owns property upon which a violation exists,
irrespective of whether that person caused the violation, shall be subject to an
administrative fine or penalty up to the maximum amounts set forth in Chapter
1.40 and Chapter 8.32 of this code.
SECTION 20.
Chapter 8.32, Section 8.32.200 of the Bakersfield Municipal Code is hereby
amended and added to read as follows:
8.32.200 Enforcement.
A. The enforcement officer, city manager, and/or designee shall supervise the
collection and removal of all discarded materials by the city and shall enforce
the provisions of this chapter.
B. The city manager or designee shall establish routes and days for collection
and may change same from time to time. When such routes and days are
established or changed, they shall give such notice thereof as they may deem
advisable.
C. In all cases where city manager or designee finds that practical problems are
created by the requirements of this chapter as to the placement of discarded
materials for collection by the city or collector, t city manager or designee shall
designate where such discarded materials shall be placed or kept for collection
and the conditions under which it shall be collected.
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
-- Page 36 of 39 Pages --
D. The city manager, or designee shall make such rules and regulations not
inconsistent with the provisions of this chapter as may be necessary, reasonable
and proper to effect the expeditious, economical and efficient collection and
removal of discarded materials by the city or collector. Such rules and regulations
may also relate to the required frequency of discarded materials collections at
various locations, the type and number of discarded materials containers
required, and the vehicles used in making such collections. The determination
and approval of the city manager or designee shall be conclusive.
E. Process for Enforcement
1. City manager or designee shall monitor compliance with the
provisions of this chapter through compliance reviews, route reviews,
investigation of complaints, and an inspection program. Section 8.32.14-590
establishes city's right to conduct inspections and investigations.
2. City may issue an official notification to notify regulated entities of
their obligations under this chapter.
3. For incidences of prohibited container contaminants found in
containers, city or its designee shall issue a notice of contamination to any
generator or responsible party found to have prohibited container
contaminants in a container. Such notice will be provided via a cart tag or
other communication immediately upon identification of the prohibited
container contaminants. If the city or its designee observes prohibited
container contaminants in a responsible party's containers on more than three
consecutive occasion(s), the city may assess contamination processing fees or
contamination penalties on the generator.
4. With the exception of violations of contamination of container
contents addressed under this Section 8.32.45200(4), city shall issue a notice of
violation to non -compliant entities requiring compliance within sixty days of
issuance of the notice.
5. Absent compliance by the respondent within the deadline set forth
in the notice of violation, city shall commence an action to impose penalties,
via an administrative citation and fine, pursuant to Section _ of the Bakersfield
Municipal Code.
Notices shall be sent to "owner" at the official address of the owner
maintained by the tax collector for the city or if no such address is available, to
the owner at the address of the multi -family premises or commercial premises,
or to the responsible party for the collection services, depending upon
available information.
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
-- Page 37 of 39 Pages --
SECTION 21.
Chapter 8.32, Section 8.32.210 of the Bakersfield Municipal Code is hereby
amended and added to read as follows:
8.32.210 Violation —Penalty.
Any person violating any of the provisions of this chapter or willfully and knowingly
refuses to comply with the rules, regulations and determinations of the city
manager or designee shall be punished as set forth in the general penalty
provision Section 1.40.010 of the Bakersfield Municipal Code.
SECTION 22.
Chapter 8.32, Section 8.32.220 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.32.220 Severability.
If any part of this chapter is held to be invalid for any reason, such decision shall
not affect the validity of the remaining portion of this chapter, and this city council
hereby declares it would have passed the remainder of this chapter if such invalid
portion had been deleted.
SECTION 23.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
•�•
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
-- Page 38 of 39 Pages --
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES:
NOES:
ABSTAIN
ABSENT:
By:
KAREN GOH
Mayor
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
JOSHUA H. RUDNICK
Deputy City Attorney
COLINCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER
JULIE DRIMAKIS, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
JHR:vlg
S:\C0UNCIL\0rds\21-22\8.32.010, etc.Waste.(final2d reading).docx
Ordinance Amending Chapter 8.32, etc. Relating to Refuse/Solid Waste/Recycling
-- Page 39 of 39 Pages --
%a
17777",
ADMINISTRATIVE REPORT
MEETING DATE: 2/23/2022 Consent— Resolutions c.
TO: Honorable Mayor and City Council
FROM: Greg Stakaluse, Public Works Director
DATE: 2/14/2022
WARD:
SUBJECT: Resolution authorizing the submittal of a Notification of Intent to Comply
for CalRecycle Approval Pursuant to Senate Bill 619.
STAFF RECOMMENDATION:
Staff recommends approval of the resolution.
BACKGROUND:
The California Department of Resources Recycling and Recovery (CalReycle), in accordance
with the California Air Resources Board, adopted regulatory requirements, consistent with
Senate Bill (SB) 1383 mandates, designed to achieve organic waste reduction goals established
in Section 39730.6 of the Health and Safety Code. SB 1383 established a 50 percent reduction
in the level of statewide disposal of organic waste from the 2014 level by 2020, and further
reduces the level to 75 percent by 2025.
The City of Bakersfield has not met SB 1383 mandates by January 1, 2022 due to delays
caused by the COVI D — 19 pandemic. Staff is currently working with a consultant to adopt and
implement a SB 1383 program. Local jurisdictions that fail to adopt enforceable mechanisms
to divert organic waste from landfills, in accordance with SB 1383 regulations before January 1,
2022, are able to seek relief from administrative civil penalties through SB 619 that was adopted
on October 5, 2021.
SB 619 created a mechanism for local jurisdictions to submit a notification of intent securing
administrative civil penalty relief from any continuous violations of the regulations for the 2022
calendar year. The notification of intent must be in writing, adopted by formal resolution, and filed
with CalRecycle, no later than March 1, 2022. Adoption of this resolution will prevent the City
from being subject to fines and penalties, and allow staff additional time to comply with all
mandated SB 1383 regulations at this time.
ATTACHMENTS:
Description Type
a ReSOIL .John fair INoUce of Ili ntent to Coirnplly loin t'.a1lFRe:;ycl1e Re cllu.hioirn
&i: t 619
Exhdbit A IIN01 CdRecycle Exli!Ut
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE SUBMITTAL
OF A NOTIFICATION OF INTENT TO COMPLY
FOR CALRECYCLE APPROVAL PURSUANT TO
SENATE BILL 619
RECITALS
WHEREAS, the California Department of Resources Recycling and
Recovery (CalRecycle), in consultation with the California Air Resources Board,
has adopted regulatory requirements (Regulations), consistent with the
mandate of Senate Bill 1383 (Lara, 2016), that are designed to achieve the
organic waste reduction goals established in Section 39730.6 of the Health and
Safety Code through a 50 percent reduction in the level of the statewide
disposal of organic waste from the 2014 level by 2020 and a 75 percent
reduction in the level of the statewide disposal of organic waste from the 2014
level by 2025; and
WHEREAS, Senate Bill 619 (Laird, 2021), through amendments to Section
42652.5 of the Public Resources Code (Statute), created a mechanism called a
Notification of Intent to Comply through which a local jurisdiction may secure
administrative civil penalty relief from any continuing violations of the
Regulations for the 2022 calendar year and may be eligible for a broader and
longer -term regulatory compliance path, including suspended administrative
civil penalties, through a corrective action plan; and
WHEREAS, the City of Bakersfield, is a local jurisdiction required to comply
with the Regulations on January 1, 2022, and is authorized by the Statute to
submit a Notification of Intent to Comply for CalRecycle approval; and
WHEREAS, until the City of Bakersfield can fully implement the Regulations,
the City of Bakersfield desires administrative penalty relief from any continuing
violations of the Regulations commencing during the 2022...; and
WHEREAS, jurisdictions that are unable to fully implement the Regulations
due to the COVID-19 pandemic, may submit a Notification of Intent to Comply
to CalRecycle by March 1, 2022; and
WHEREAS, CalRecycle shall approve a Notification of Intent to Comply
that is duly adopted by the jurisdiction by formal written resolution and meets
the requirements of the Statute.
Resolution Authorizing the Submittal of Applications for CalRecycle SB 1383
-Pagel of 3-
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 by
reference.
2. The Council of the City of Bakersfield authorizes the City Manager, or
his/her designee, (Signature Authority) to submit a Notification of Intent to
Comply for CalRecycle approval.
3. The City Manager, or his/her designee, is hereby authorized and
empowered to submit the Notification of Intent to Comply, attached as
Exhibit "A", to CalRecycle for approval pursuant to the Statute.
4. By submitting the Notification of Intent to Comply pursuant to and subject
to the above referenced requirements, the City of Bakersfield represents
and certifies that it will implement the proposed actions to remedy the
violations according to the proposed schedule as approved by
CalRecycle and in accordance with the Statute and Regulations.
5. The City Of Bakersfield acknowledges and agrees to comply with a
corrective action plan that CalRecycle and Public Works develop and
determine to be appropriate and suitable under the circumstances for
the correction of any violation(s) of the Statute and Regulations identified
in its Notification of Intent to Comply.
6. The authorization is effective until rescinded by the Signature Authority or
the Council of the City of Bakersfield.
•1•
Resolution Authorizing the Submittal of Applications for CalRecycle SB 1383
-Page 2 of 3-
HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES:
COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER
NOES:
COUNCILMEMBER
ABSTAIN:
COUNCILMEMBER
ABSENT:
COUNCILMEMBER
JULIE DRIMAKIS, MMC
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED:
By
KAREN GOH
Mayor
APPROVED AS TO FORM:
JOSHUA H. RUDNICK
Deputy City Attorney II
Attachment: Exhibit A
Resolution Authorizing the Submittal of Applications for CalRecycle SB 1383
-Page 3 of 3-
Exhibit A
Notification of Intent to Comply
CalRecycle is providing this optional form as a convenience to assist jurisdictions (counties, cities, a
county and city, or special districts providing solid waste collection services) for purposes of
submitting a notification of intent to comply to CalRecycle [see Public Resources Code (PRC)
section 42652.5(c)].
A jurisdiction may submit a notification of intent to comply if it is facing continuing violations of the
Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code
of Regulations (14 CCR). The written notification of intent to comply, adopted by resolution of the
jurisdiction's governing body, shall be sent to CalRecycle no later than March 1, 2022, to
Ng1.tQCaL!Recycle. cg,%ov.
A jurisdiction shall, at minimum, include the following in its notification:
1. A description, with specificity, of the continuing violations.
2. A detailed explanation of the reasons, supported by documentation, why the local jurisdiction
is unable to comply.
3. A description of the impacts of the COVI D-1 9 pandemic on compliance.
4. A description of the proposed actions the local jurisdiction will take to remedy the violations
within the timelines established in 14 CCR section 18996.2 with a proposed schedule for
doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
Upon approval by CalRecycle of a jurisdiction's notification and implementation of the intent to
comply, a jurisdiction may be eligible for both of the following:
1. Administrative civil penalty relief for the 2022 calendar year pursuant to PRC section
42652.5(d).
2. A corrective action plan pursuant to 14 CCR section 18996.2.
a. CalRecycle may address through a corrective action plan any violations disclosed in a
jurisdiction's notification that will take more than 180 days to correct. In this situation,
the proposed actions and schedule in the jurisdiction's approved notification will be in
effect until a corrective action plan is issued.
CalRecycle will respond in writing to a jurisdiction within 45 business days of receiving its
notification with an approval, disapproval, request for additional information, or timeline for a
decision on approval or disapproval. CalRecycle will include details about why a jurisdiction did not
meet the requirements for a Notification of Intent to Comply when disapproving the jurisdiction's
notification.
Please clearly print or type responses. Attach additional pages as necessary.
Jurisdiction Name:The City of Bakersfield
county:Kern
Person Cor pie inq the Form:
First Name: Greg
Last Name:011ivier
Title: Solid Waste Director (Acting)
Mailing Address: 4101 S Truxtun Ave. Building A
City: Bakersfield
Zip Code: 93309
Email Address: golIivier@bakersfieldcity.us
Phone Number: 661-326-3109
1. Select using the check boxes below or write in the continuing violations for each applicable
regulatory section. For each selection, please describe the specific violations related to the
regulatory section.
Example:
V] (B) 14 CCR section 18984.1 Three -Container Organic Waste Collection Services
L Not implementing mandatory residential foodwaste collection for all residents. Note:
City already provides mandatory greenwaste collection to all residents
ii. Not implementing mandatory commercial organics collection for all businesses under
2 cubic yards. Note: City already provides mandatory commercial organics collection
to all businesses 2 cubic yard or more.
Disclaimer: The list of possible continuing violations below is not inclusive of all potential
violations of the regulations.
is
FO-1 (B) 14 CCR section 18984.1 Three -Container Organic Waste Collection Services
F-I (C) 14 CCR section 18984.2 Two -Container Organic Waste Collection Services
❑ (D) 14 CCR section 18984.3 Unsegregated Single Container Collection Services
❑ (E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste
Collection Services
(F) 14 CCR section 18984.5 Container Contamination Minimization
❑ (G) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination
Minimization
❑ (H) 14 CCR section 18984.7 Container Color Requirements
❑ (1) 14 CCR section 18984.8 Container Labeling Requirements
(J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction
❑ (K) 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach,
❑ (L) 14 CCR section 18985.2. Edible Food Recovery Education and Outreach
❑ (M) 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction's Compliance with
Education and Outreach Requirements
no (N) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self -Haulers
❑ (0) 14 CCR section 18988.3. Self -haulers of Organic Waste
❑ (P) 14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction
Hauler Program
n (Q) 14 CCR section 18989.1. CALGreen Building Codes
❑ (R)_1_4 CCR section 18989.2 Model Water Efficient Landscape Ordinance
❑ (S) 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program
❑ (T) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food
Recovery Program
(U) 14 CCR section 18992.1. Organic Waste Recycling Capacity Planning
❑ (V) 14 CCR section 18992.2. Edible Food Recovery Capacity
❑ (W) 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target
❑ (X) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste
Procurement Target
❑ (Y) 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements
❑ (Z) 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper
Procurement
❑(BB) 14 CCR section 18995.1. Jurisdiction Inspection Requirements
Note: Section 18995.1(a)(1) should not be included because a jurisdiction should already be
completing this action due to the requirements of PRC Chapter 12.9 (commencing with
Section 42649.8)
IN
❑ (EE) 14 CCR section 18995.4. Enforcement by a Jurisdiction
Use the check box(es) below to write in the continuing violations for any regulatory section(s) not
reflected above and describe the specific violations related to the regulatory section.
Example:
0 (1) (Type regulatory section number) (Type regulatory section title)
i. Describe the specific violations related to the regulatory section
F-01 (1) 14 CCR section 18984.1 Three -Container Organic Waste Collection Services
Due to supply chain issues the city will not be able to provide carts and bins for all
customers.
E] (2) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self -Haulers
The contract hauler is in the process of selling to another waste company and this has
impacted the city's efforts to negotiate for 1383 updates to our agreement.
❑ (3)
❑ (4)
❑ (5)
2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by
documentation, if applicable.
COVID issues that are impacting supply chain have dramatically slowed production and delivery of
needed Carts and bins. Collection vehicles are taking 18 months or more to be delivered.
2.Franchise haulers serving the Bakersfield metropolitan area are in the process of selling their
company and meetings with the new buyers regarding the agreement template cannot take place.
Contract assignment negotiations are on -going as well. The city believes that these items can be
resolved by January 2023.
3. A description of the impacts of the COVID-19 pandemic on compliance.
Securing equipment, containers and supplies has detrimentally affected the timeliness of delivery.
Resin shortages have caused delays in cart manufacturing. Supply chain issues have delayed truck,
commercial bin, and cart deliveries. Truck deliveries are estimated to be out as far as 18 months.
4. Provide a description of the proposed actions the jurisdiction will take to remedy the violations
with a proposed schedule for completing each action. The proposed actions shall be tailored to
remedy the violations in a timely manner. See optional format below.
The City will continue to work with its equipment suppliers to obtain the needed items for full
compliance as soon as possible.
The city is working to move negotiations with the new hauling company forward in a timely manner.
I hereby certify under penalty of perjury that the information provided herein is true and correct to the
best of my knowledge.
i g n Mat Lu :re
Greg 011ivier
------------------------------
Printed Name
Solid Waste Director (Acting)
Title
Date
Description of the proposed actions with proposed schedules the jurisdiction will take to remedy the
violations. The proposed actions shall be tailored to remedy the violations in a timely manner.
Re ulatory Requirement and 'Des cription'
Action
Proposed Schedule
TASK 1:
TASK 2:
Date to be completed:
Date to be completed:
TASK 3:
Date to be completed:
Regulatory Requirement and Description
Action
Proposed Schedule
TASK 1:
-------- --------
TASK 2:
Date to be completed:
...........
Date to be completed:
EXAMPLE
Regulatory Requirement: (B.i.) 14 CCR section 18984.1 Three -Container Organic Waste
Collection Services;
Descriptlow Noitimplementing',mandatory residential foodwaste collection for all residents. Note:
City already provides mandatory greenwaste collection to all residents
Action
Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify
Date to be completed:
collection routes
41712022
TASK 2: The city will work with its hauler to find a facility to
Date to be completed:
accept mixed or anic waste.
411412022
I I III w%. WwFl4%4IlwI '.f I W"I low vv"v%w
2 cubic yards. Note: City already provides mandatory commercial organic$ collection Ito all
businesses 2 cubic yard or more.
Action: Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify Date to be completed:
collection routes 412112022
TASK 2: The city will work with its hauler to acquire and distribute Date to be completed:
appropriate containers to all commercial accounts. The city will 412812022
obtain monthly reports from the hauler to monitor full distribution
of carts.
%a
17777",
ADMINISTRATIVE REPORT
MEETING DATE: 2/23/2022 Consent — Resolutions d.
TO: Honorable Mayor and City Council
FROM: Gregg Strakaluse, Public Works Director
DATE: 1/27/2022
WARD: Ward(s) 1, 3, 6, 7
SUBJECT: Resolution of Intention (ROI) to add the following areas to the
Consolidated Maintenance District and preliminarily approving,
confirming, and adopting the Public Works Director's Report for each:
1. ROI No. 2125 adding Area 3-116 (5741 Taft Highway) - Ward 6
2. ROI No. 2127 adding Area 4-257 (11101 Highway 178) - Ward 3
3. ROI No. 2128 adding Area 4-258 (2700 Oswell Street) - Ward 3
4. ROI No. 2129 adding Area 5-113 (1720 Planz Road) - Ward 7
5. ROI No. 2130 adding Area 5-114 (3516 Lotus Lane) - Ward 1
6. ROI No. 2131 adding Area 5-115 (2300 Short Street) - Ward 1
STAFF RECOMMENDATION:
Staff recommends adopting the resolution of intention.
BACKGROUND:
Written requests have been received by the City Engineer from the owner(s) of the parcels to be
included into the Consolidated Maintenance District as required by section 13.04.021 of the
Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of parks and/or street landscaping. For an area where a park has been constructed
and/or street landscaping has already been installed, the area will be under the park and
streetscape zones of benefit and will be assigned appropriate tier levels during the next annual
update to the consolidated maintenance district. For an area where a park and/or street
landscaping has not been installed, the area will be assigned appropriate tier levels when
improvements are constructed.
The City of Bakersfield has received a letter from the owner(s) of the properties listed above
which waived the public hearing concerning inclusion in the Consolidated Maintenance District.
This allows the City to expedite the maintenance district process to satisfy subdivision
requirements. The owner(s) have also submitted a Proposition 218 ballot indicating their consent
to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor -
Recorders Office upon approval of this Resolution.
Staff is recommending the new territories be added to the Consolidated Maintenance District at
the next City Council meeting.
ATTACHMENTS:
Description
Type
D
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RESOLUTION OF INTENTION NO. 2125
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 3-116 (5741 TAFT HIGHWAY) TO THE CONSOLIDATED
MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING,
CONFIRMING AND APPROVING THE PUBLIC WORKS
DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION,
THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT
OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL.
(WARD 6)
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for a procedure by which the City Council may provide for the
payment of the whole or any part of the costs and expenses of maintaining and
operating any public improvements which are local in nature, from annual benefit
assessments apportioned among the lots or parcels of property within the established
Consolidated Maintenance District ("CMD"). The assessments to be placed on parcels
within this district area reflect that portion of the cost of maintenance of a public park
and public street landscaping ("special benefit") above and beyond the basic cost
of maintenance of a public park and public street landscaping throughout the City
("general benefit");
WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit
1), the property within this new district reflects that portion of the cost of maintenance
of a public street landscaping and/or public park, based on the location of said
improvements in or near said area, above and beyond the general benefit of parcels
within the City that are not part of the CMD. Each parcel within this area will be
assessed its proportionate share of special benefit based on the zoning, usage, and
size of the parcel;
WHEREAS, the property owner has requested the City Council to include the
property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code
of the City of Bakersfield, and the Public Works Director recommends addition of
territory to the CMD;
WHEREAS, it is the intention of the City Council of the City of Bakersfield to add
territory, Area 3-1 16 (PDR 20-0103) to the CMD. Said area is generally described in
Exhibit "B" attached hereto, to maintain local improvements including a public park
and public street landscaping;
WHEREAS, the Public Works Director has on this date filed with the Clerk of
said Council his report, attached hereto and incorporated herein by reference as
Exhibit 1," containing the following:
a) A description of the boundary of the additional territory, attached
hereto as Exhibit "A";
Q:\PROJECTS\MAINDIST\Formation Documents\Area 3\MD 3-116\ROI 2125 ADDING AREA 3-116 TO THE CMD.docx
Page 1 of 3
b) A map and assessment diagram of the additional territory, attached
hereto as Exhibit "B";
c) The benefit formula attached hereto as Exhibit "C'
d) A budget, attached hereto as Exhibit "D," containing the matters
specified in Section 13.04.130 of the Bakersfield Municipal Code;
e) The amount of assessment to be levied against each parcel, attached
hereto as Exhibit "E";
f) Correspondence from the property owner(s) requesting inclusion
within the CMD attached hereto as Exhibit "F";
WHEREAS, the City of Bakersfield has received a letter from the owner(s) of
the property described in Exhibit "B," which waives any and all hearings (whether
pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law)
concerning the formation of and assessments for inclusion in the Consolidated
Maintenance District; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield,
State of California, as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. The City Council hereby preliminarily adopts and approves the Public
Works Director's Report and declares that the territory within the
boundaries so specified and described is the area, benefiting from said
local improvements; that the expense of maintaining and operating said
improvements is hereby made assessable upon said area; and that the
exterior boundaries thereof are hereby specified and described to be as
shown on that certain map marked Exhibit "B," entitled "Map and
Assessment Diagram for Addition of Territory, to the Consolidated
Maintenance District, Bakersfield, California," which map indicates by a
boundary line the extent of the territory to be added to the Consolidated
Maintenance District and shall govern for all details as to the extent of
the addition.
3. Each parcel identified in Exhibit "E" is included in the Street Landscape
and Park Zones of benefit and is assessed an amount not to exceed the
amount established in Resolution No. 019-05 per equivalent dwelling unit
per year. In each subsequent year, annual assessments may increase by
the cost of living reflected in the Los Angeles -Long Beach-Anaheim/All
Urban Consumers Consumer Price Index.
Q:\PROJECTS\MAINDIST\Formation Documents\Area 3\MD 3-116\ROI 2125 ADDING AREA 3-116 TO THE CMD.docx
Page 2 of 3
I HEREBY CERTIFY that the foregoing Resolution/Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
ff-I Wj js -061TA WO
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
JOSHUA RUDNICK
Deputy City Attorney
Attachments: Exhibit"'I" Exhibit "D"
Exhibit "A" Exhibit "E"
Exhibit "B" Exhibit "I"'
Exhibit "C"
Q:\PROJECTS\MAINDIST\Formation Documents\Area 3\MD 3-116\ROI 212S ADDING AREA 3-116 TO THE CMD.docx
Page 3 of 3
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 3-1 16
Fiscal Year 2021-2022
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
described as 5741 Taft Highway and as shown on Map and Assessment Diagram marked
Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as
an area within the City of Bakersfield.
Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director
makes and files this report and proposed assessment of and upon all parcels of property
within the area for the cost of maintaining a public park and public street medians and other
public street landscaping. The improvements generally include, but are not limited to,
recreation and sports equipment including swings, slides, play structures and storage
buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains
and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical
wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and
sidewalks and walkways now existing or hereafter to be constructed or planted in and for
said area and are of a public nature. The assessment includes the cost of necessary repairs,
replacement, water, electricity, care, supervision and any and all other items necessary for
the proper maintenance and operation thereof, and all additions and improvements thereto
which may hereafter be made.
For many years, public parks, public streets median and other public street landscaping
improvements in the City were maintained through traditional tax revenues. After Proposition
13, in 1978, funds available for maintenance and operation of parks, street median and
other street landscaping improvements were substantially reduced. At present, the City's
budget does not allow for maintenance and operation of park and street landscaping
improvements of the type described above. Thus, without funds for maintenance and
operating costs from a source other than general tax revenues, the City does not permit new
public parks, street median and other street landscaping improvements to be constructed
within the City.
Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance
District for the maintenance of a park and public street median and other street
landscaping. The area will be assigned appropriate park and street tiers in the Consolidated
Maintenance District so that each parcel will be assessed the same amount as other parcels
receiving a similar benefit.
All parcels within this area shall be assessed an amount not to exceed that established in
Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit "C") per
parcel. In each subsequent year, annual assessments may increase by the cost of living
reflected in the Los Angeles -Long Beach-Anaheim/All Urban Consumers Consumer Price
Index. However, parcels will not be assessed until park and/or street landscaping have been
EXHIBIT 1
installed. When park and/or street landscape improvements have been completed, the
appropriate park and street tier levels will be assigned, but in no case shall the assessments
exceed the amount established in Resolution No. 019-05 as escalated per the above
described Consumer Price Index.
All parcels as described in the Benefit Formula on file with the City Clerk within the area will
be affected. Sensory benefits from installing street landscaping are aesthetic enhancement
and open space enjoyment.
A public park will benefit all the residential lots and public median and street landscaping
will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis
throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached
hereto and incorporated in this resolution as though fully set forth herein.
NOW THEREFORE, I, GREGG STRAKALUSE, Director of Public Works of the City of
Bakersfield, by virtue of the power vested in me and the order of the Council of said City,
hereby submit the Fiscal Year 2021-2022 Budget and Assessment Roll as set forth in Exhibit "D"
and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set
forth, upon all parcels of property within additional territory subject to be assessed to
pay the cost of maintenance and operation in said area.
Dated:
GREGG STRAKALUSE
Public Works Director
City of Bakersfield
EXHIBIT 1
LEGAL DESCRIPTION
Area 3-116
An area located in Section 3, Township 31, Range 27 M.D.B. & M., more
particularly described as follows:
P D R 20-0103
5741 Taft Highway Bakersfield California
Containing: 1 Acres, more or less.
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 3-116) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
TAFT MY
MD 3-116
N
0
NOT TO SCALE
EXHIBIT "Bn
FlLE: MD 3-116 sH¢T 1 of 1
EXHIBIT "C"
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel joining the Consolidated Maintenance District shall be assessed the amount
as defined below:
Rate:
Shall equal the dollar amount shown per the tier level of your zone of the Consolidated
Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier"
as approved by City Council Resolution 019-15. As per the Resolution, "Said amounts shall
be increased annually by the cost of living increase reflected in the Los Angeles -
Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for
both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance
District are established by the Parks and Recreation Dept. through separate policy.
Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined on
page 2 of this exhibit) for the parcel.
Multiplied by (Tier): The factor for the tier level, which equals the street or tier
number. This tier is assigned by the Parks and Recreation
department for the entire area of the Consolidated Maintenance
District.
County Fee(Tier): The County of Kern Assessors Office charges a fee for each
parcel added to their tax roll.
Total Assessment $= ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee)
Note: Since Proposition 218 was passed in November 1996, assessment rates for areas
formed prior to Proposition 218 have been frozen at their current rate.
Areas formed between November 1996 and January 12, 2005 shall be assessed by the
terms stated on their Proposition 218 ballot.
On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on
the maximum assessment. Any areas formed after Proposition 218 and which have ballots
which include this escalator may be increased according to their ballot terms.
EXHIBIT C
A parcel may be added to the City of Bakersfield Consolidated Maintenance District if
any of the below conditions occurs:
1. Bakersfield Municipal code 13.04.021:
"It is the policy of the city to include within a maintenance district all new developments
that are subject to the Subdivision Map Act and that benefit from landscaping in the
public right-of-way and/or public parks. Nothing shall preclude the city from requesting
formation of a maintenance district, or updating the maintenance district documents as
a condition of a zone change, or general plan amendment, or grading permit, or
conditional use permit, or during site plan review where deemed necessary by the city.
2. Bakersfield Municipal Code 13.04.022 (a):
"No final map or certificate of compliance for a parcel map waiver may be recorded
absent establishment of a maintenance district to provide for all future maintenance of
any landscaping in the public right-of-way and of any public park required as a condition
of approval of the development project for the area covered by the final map or parcel
map waiver."
3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone
Change, a General Plan Amendment, or a Conditional Use Permit.Equivalent Dwelling
Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given
special conditions or agreements as necessary to adequately reflect the conditions of the
site at the time of formation. Developed Parcels will be assessed by their actual units on
their site as per their plans, map, or current use.
Single Family Residential Parcels: 1 EDU per Parcel
Mobile Home Parks: 1 EDU per Space / Lot
Multifamily Residential Parcels: .71 EDU per Unit
(Commercial / Industrial / Mixed Use): 6 EDU per Acre
Undeveloped ground in its natural state will be assigned EDU's based on their zoning at
max theoretical density as used by the City of Bakersfield Planning Dept. Those densities
are:
Zone EDU's per gross acre
R-1
7.26
R-2
17.42
R-3
34.85
R-4
72.6
E:
R-S
4.36
1.82
R-S-1 A
1
R-S-2.5A
0.4
R-S-5A
0.2
R-S-1 OA
0.1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
Agricultural: 1 EDU per gross acre
EXHIBIT C
MAINTENANCE DISTRICT AREA 3-116
Said assessment is made in accordance with the benefit formula attached hereto.
2021-2022
BUDGET
Gross Budget Amount Required $0.00
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance(Deficit) ** $0.00
Less: City Contributions $0.00
NET AMOUNT TO BE ASSESSED $0.00
** Previous Years Deficits No Longer Carried Forward.
EXHIBIT D
MAINTENANCE DISTRICT AREA 3-116
ASSESSMENT ROLL
FISCAL YEAR 2021-2022
Assessor's Tax No. Total amount to
be collected for
FY (2021-2022)
184-220-58-00-4 $0.00
0 $0.00
0 $0.00
Total $0.00
EXHIBIT E
Inclusion of a Subdivision into the Consolidated Maintenance District
SSSB 5 Corp, a California corporation
12501 Riverfront Park Drive
Bakersfield, CA 93311
City of Bakersfield - Public Works Department
Attn: Manpreet S. Behl
1600 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Behl:
RE: Inclusion of PDR 20-0103 (5741 Taft Highway) in a Consolidated
Maintenance District (CMD)
We, the undersigned, as owners of the property included within PDR 20-0103 (5741
Taft Highway) hereby request that the property be included within the CMD. This
request is in accordance with the requirements of Bakersfield Municipal Code
Section 13.04.021. Enclosed is a check for $ 924.00 as required by the City to cover
the costs of this inclusion into the CMD. If requested, our engineer will supply you
with a computer disk copy of the map for your use.
We understand that under Proposition 218 and Government Code section 53753
("applicable law"), a City Council hearing will be held for purposes of including the
above property within the CMD and determining the amount of assessments. We
hereby waive our right to have a hearing within the time parameters set forth in the
applicable law. We further understand that the hearing is scheduled for_,,,,,,,,,,,,,,, ,
20 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA
93301. We hereby waive our right to further notice of that hearing.
Respectfully,
Gurinderprit S. Barsa
President
EXHIBIT F
RESOLUTION OF INTENTION NO. 2127
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 4-257 (11101 HIGHWAY 178) TO THE CONSOLIDATED
MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING,
CONFIRMING AND APPROVING THE PUBLIC WORKS
DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION,
THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT
OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL.
(WARD 3)
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for a procedure by which the City Council may provide for the
payment of the whole or any part of the costs and expenses of maintaining and
operating any public improvements which are local in nature, from annual benefit
assessments apportioned among the lots or parcels of property within the established
Consolidated Maintenance District ("CMD"). The assessments to be placed on parcels
within this district area reflect that portion of the cost of maintenance of a public park
and public street landscaping ("special benefit") above and beyond the basic cost
of maintenance of a public park and public street landscaping throughout the City
("general benefit");
WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit
1), the property within this new district reflects that portion of the cost of maintenance
of a public street landscaping and/or public park, based on the location of said
improvements in or near said area, above and beyond the general benefit of parcels
within the City that are not part of the CMD. Each parcel within this area will be
assessed its proportionate share of special benefit based on the zoning, usage, and
size of the parcel;
WHEREAS, the property owner has requested the City Council to include the
property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code
of the City of Bakersfield, and the Public Works Director recommends addition of
territory to the CMD;
WHEREAS, it is the intention of the City Council of the City of Bakersfield to add
territory, Area 4-257 (SPR 20-0161) to the CMD. Said area is generally described in
Exhibit "B" attached hereto, to maintain local improvements including a public park
and public street landscaping;
WHEREAS, the Public Works Director has on this date filed with the Clerk of
said Council his report, attached hereto and incorporated herein by reference as
Exhibit 1," containing the following:
a) A description of the boundary of the additional territory, attached
hereto as Exhibit "A";
Q:\PROJECTS\MAINDIST\Formation Documents\Area 4\MD 4-257\ROI 2127 ADDING AREA 4-257 TO THE CMD.docx
Page 1 of 3
b) A map and assessment diagram of the additional territory, attached
hereto as Exhibit "B";
c) The benefit formula attached hereto as Exhibit "C'
d) A budget, attached hereto as Exhibit "D," containing the matters
specified in Section 13.04.130 of the Bakersfield Municipal Code;
e) The amount of assessment to be levied against each parcel, attached
hereto as Exhibit "E";
f) Correspondence from the property owner(s) requesting inclusion
within the CMD attached hereto as Exhibit "F";
WHEREAS, the City of Bakersfield has received a letter from the owner(s) of
the property described in Exhibit "B," which waives any and all hearings (whether
pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law)
concerning the formation of and assessments for inclusion in the Consolidated
Maintenance District; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield,
State of California, as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. The City Council hereby preliminarily adopts and approves the Public
Works Director's Report and declares that the territory within the
boundaries so specified and described is the area, benefiting from said
local improvements; that the expense of maintaining and operating said
improvements is hereby made assessable upon said area; and that the
exterior boundaries thereof are hereby specified and described to be as
shown on that certain map marked Exhibit "B," entitled "Map and
Assessment Diagram for Addition of Territory, to the Consolidated
Maintenance District, Bakersfield, California," which map indicates by a
boundary line the extent of the territory to be added to the Consolidated
Maintenance District and shall govern for all details as to the extent of
the addition.
3. Each parcel identified in Exhibit "E" is included in the Street Landscape
and Park Zones of benefit and is assessed an amount not to exceed the
amount established in Resolution No. 019-05 per equivalent dwelling unit
per year. In each subsequent year, annual assessments may increase by
the cost of living reflected in the Los Angeles -Long Beach-Anaheim/All
Urban Consumers Consumer Price Index.
Q:\PROJECTS\MAINDIST\Formation Documents\Area 4\MD 4-257\ROI 2127 ADDING AREA 4-257 TO THE CMD.docx
Page 2 of 3
I HEREBY CERTIFY that the foregoing Resolution/Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
ff-I Wj js -061TA WO
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
JOSHUA RUDNICK
Deputy City Attorney
Attachments: Exhibit"'I" Exhibit "D"
Exhibit "A" Exhibit "E"
Exhibit "B" Exhibit "I"'
Exhibit "C"
Q:\PROJECTS\MAINDIST\Formation Documents\Area 4\MD 4-257\ROI 2127 ADDING AREA 4-257 TO THE CMD.docx
Page 3 of 3
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-257
Fiscal Year 2021-2022
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
described as 11101 Highway 178 and as shown on Map and Assessment Diagram marked
Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as
an area within the City of Bakersfield.
Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director
makes and files this report and proposed assessment of and upon all parcels of property
within the area for the cost of maintaining a public park and public street medians and other
public street landscaping. The improvements generally include, but are not limited to,
recreation and sports equipment including swings, slides, play structures and storage
buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains
and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical
wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and
sidewalks and walkways now existing or hereafter to be constructed or planted in and for
said area and are of a public nature. The assessment includes the cost of necessary repairs,
replacement, water, electricity, care, supervision and any and all other items necessary for
the proper maintenance and operation thereof, and all additions and improvements thereto
which may hereafter be made.
For many years, public parks, public streets median and other public street landscaping
improvements in the City were maintained through traditional tax revenues. After Proposition
13, in 1978, funds available for maintenance and operation of parks, street median and
other street landscaping improvements were substantially reduced. At present, the City's
budget does not allow for maintenance and operation of park and street landscaping
improvements of the type described above. Thus, without funds for maintenance and
operating costs from a source other than general tax revenues, the City does not permit new
public parks, street median and other street landscaping improvements to be constructed
within the City.
Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance
District for the maintenance of a park and public street median and other street
landscaping. The area will be assigned appropriate park and street tiers in the Consolidated
Maintenance District so that each parcel will be assessed the same amount as other parcels
receiving a similar benefit.
All parcels within this area shall be assessed an amount not to exceed that established in
Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit "C") per
parcel. In each subsequent year, annual assessments may increase by the cost of living
reflected in the Los Angeles -Long Beach-Anaheim/All Urban Consumers Consumer Price
Index. However, parcels will not be assessed until park and/or street landscaping have been
EXHIBIT 1
installed. When park and/or street landscape improvements have been completed, the
appropriate park and street tier levels will be assigned, but in no case shall the assessments
exceed the amount established in Resolution No. 019-05 as escalated per the above
described Consumer Price Index.
All parcels as described in the Benefit Formula on file with the City Clerk within the area will
be affected. Sensory benefits from installing street landscaping are aesthetic enhancement
and open space enjoyment.
A public park will benefit all the residential lots and public median and street landscaping
will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis
throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached
hereto and incorporated in this resolution as though fully set forth herein.
NOW THEREFORE, I, GREGG STRAKALUSE, Director of Public Works of the City of
Bakersfield, by virtue of the power vested in me and the order of the Council of said City,
hereby submit the Fiscal Year 2021-2022 Budget and Assessment Roll as set forth in Exhibit "D"
and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set
forth, upon all parcels of property within additional territory subject to be assessed to
pay the cost of maintenance and operation in said area.
Dated:
GREGG STRAKALUSE
Public Works Director
City of Bakersfield
EXHIBIT 1
LEGAL DESCRIPTION
Area 4-257
An area located in Section 20, Township 29, Range 29 M.D.B. & M., more
particularly described as follows:
S P R 20-0161
1 1 101 Highway 178 Bakersfield California
Containing: 0.99 Acres, more or less.
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 4-257) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
M®4-257
N
ED
NOT TO SCALE
EXHIBIT "Bn
FlLE: MD 4-257 SHEET 1 of 1
EXHIBIT "C"
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel joining the Consolidated Maintenance District shall be assessed the amount
as defined below:
Rate:
Shall equal the dollar amount shown per the tier level of your zone of the Consolidated
Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier"
as approved by City Council Resolution 019-15. As per the Resolution, "Said amounts shall
be increased annually by the cost of living increase reflected in the Los Angeles -
Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for
both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance
District are established by the Parks and Recreation Dept. through separate policy.
Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined on
page 2 of this exhibit) for the parcel.
Multiplied by (Tier): The factor for the tier level, which equals the street or tier
number. This tier is assigned by the Parks and Recreation
department for the entire area of the Consolidated Maintenance
District.
County Fee(Tier): The County of Kern Assessors Office charges a fee for each
parcel added to their tax roll.
Total Assessment $= ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee)
Note: Since Proposition 218 was passed in November 1996, assessment rates for areas
formed prior to Proposition 218 have been frozen at their current rate.
Areas formed between November 1996 and January 12, 2005 shall be assessed by the
terms stated on their Proposition 218 ballot.
On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on
the maximum assessment. Any areas formed after Proposition 218 and which have ballots
which include this escalator may be increased according to their ballot terms.
EXHIBIT C
A parcel may be added to the City of Bakersfield Consolidated Maintenance District if
any of the below conditions occurs:
1. Bakersfield Municipal code 13.04.021:
"It is the policy of the city to include within a maintenance district all new developments
that are subject to the Subdivision Map Act and that benefit from landscaping in the
public right-of-way and/or public parks. Nothing shall preclude the city from requesting
formation of a maintenance district, or updating the maintenance district documents as
a condition of a zone change, or general plan amendment, or grading permit, or
conditional use permit, or during site plan review where deemed necessary by the city.
2. Bakersfield Municipal Code 13.04.022 (a):
"No final map or certificate of compliance for a parcel map waiver may be recorded
absent establishment of a maintenance district to provide for all future maintenance of
any landscaping in the public right-of-way and of any public park required as a condition
of approval of the development project for the area covered by the final map or parcel
map waiver."
3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone
Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling
Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given
special conditions or agreements as necessary to adequately reflect the conditions of the
site at the time of formation. Developed Parcels will be assessed by their actual units on
their site as per their plans, map, or current use.
Singie ramiiy Kesioennai rarceis: 1 EDU per Parcel
Mooue Home rarKs: 1 EDU per Space / Lot
MuiTiramiiy Kesiaennai rarceis: .71 EDU per Unit
((-:ommerciai / inausrriai / Mixeo use): 6 EDU per Acre
Undeveloped ground in its natural state will be assigned EDU's based on their zoning at
max theoretical density as used by the City of Bakersfield Planning Dept. Those densities
are:
Zone EDU's per gross acre
R-1
7.26
R-2
17.42
R-3
34.85
R-4
72.6
E:
R-S
4.36
1.82
R-S-1 A
1
R-S-2.5A
0.4
R-S-5A
0.2
R-S-1 OA
0.1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
Agricultural: 1 EDU per gross acre
EXHIBIT C
MAINTENANCE DISTRICT AREA 4-257
Said assessment is made in accordance with the benefit formula attached hereto.
2021-2022
BUDGET
Gross Budget Amount Required $0.00
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance(Deficit) ** $0.00
Less: City Contributions $0.00
NET AMOUNT TO BE ASSESSED $0.00
** Previous Years Deficits No Longer Carried Forward.
EXHIBIT D
MAINTENANCE DISTRICT AREA 4-257
ASSESSMENT ROLL
FISCAL YEAR 2021-2022
Assessor's Tax No. Total amount to
be collected for
FY (2021-2022)
533-012-24-00-2 $0.00
0 $0.00
0 $0.00
Total $0.00
EXHIBIT E
Inclusion of a Subdivision into the Consolidated Maintenance District
(LETTERHEAD)
(Date)
City of Bakersfield - Public Works Department
Attn: Manpreet S. Behl
1600 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Behl:
RE: Inclusion of SPR 20-0161 (11101 Highway 178) in a Consolidated
Maintenance District (CMD)
We, the undersigned, as owners of the property included SPR 20-0161 (11101
Highway 178) hereby request that the property be included within the CMD. This
request is in accordance with the requirements of Bakersfield Municipal Code
Section 13.04.021. Enclosed is a check for $ 924.00 as required by the City to cover
the costs of this inclusion into the CMD. If requested, our engineer will supply you
with a computer disk copy of the map for your use.
We understand that under Proposition 218 and Government Code section 53753
("applicable law"), a City Council hearing will be held for purposes of including the
above property within the CMD and determining the amount of assessments. We
hereby waive our right to have a hearing within the time parameters set forth in the
applicable law. We further understand that the hearing is scheduled for 1
20 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA
93301. We hereby waive our right to further notice of that hearing.
Respectfully,
Mohamed M. Muthana
OWNER
EXHIBIT F
RESOLUTION OF INTENTION NO. 2128
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 4-258 (2700 OSWELL STREET) TO THE CONSOLIDATED
MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING,
CONFIRMING AND APPROVING THE PUBLIC WORKS
DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION,
THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT
OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL.
(WARD 3)
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for a procedure by which the City Council may provide for the
payment of the whole or any part of the costs and expenses of maintaining and
operating any public improvements which are local in nature, from annual benefit
assessments apportioned among the lots or parcels of property within the established
Consolidated Maintenance District ("CMD"). The assessments to be placed on parcels
within this district area reflect that portion of the cost of maintenance of a public park
and public street landscaping ("special benefit") above and beyond the basic cost
of maintenance of a public park and public street landscaping throughout the City
(''general benefit");
WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit
1), the property within this new district reflects that portion of the cost of maintenance
of a public street landscaping and/or public park, based on the location of said
improvements in or near said area, above and beyond the general benefit of parcels
within the City that are not part of the CMD. Each parcel within this area will be
assessed its proportionate share of special benefit based on the zoning, usage, and
size of the parcel;
WHEREAS, the property owner has requested the City Council to include the
property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code
of the City of Bakersfield, and the Public Works Director recommends addition of
territory to the CMD;
WHEREAS, it is the intention of the City Council of the City of Bakersfield to add
territory, Area 4-258 (SPR 21-0102) to the CMD. Said area is generally described in
Exhibit "B" attached hereto, to maintain local improvements including a public park
and public street landscaping;
WHEREAS, the Public Works Director has on this date filed with the Clerk of
said Council his report, attached hereto and incorporated herein by reference as
Exhibit 1," containing the following:
a) A description of the boundary of the additional territory, attached
hereto as Exhibit "A";
Page 1 of 3
b) A map and assessment diagram of the additional territory, attached
hereto as Exhibit "B";
c) The benefit formula attached hereto as Exhibit "C'
d) A budget, attached hereto as Exhibit "D," containing the matters
specified in Section 13.04.130 of the Bakersfield Municipal Code;
e) The amount of assessment to be levied against each parcel, attached
hereto as Exhibit "E";
f) Correspondence from the property owner(s) requesting inclusion
within the CMD attached hereto as Exhibit "F";
WHEREAS, the City of Bakersfield has received a letter from the owner(s) of
the property described in Exhibit "B," which waives any and all hearings (whether
pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law)
concerning the formation of and assessments for inclusion in the Consolidated
Maintenance District; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield,
State of California, as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. The City Council hereby preliminarily adopts and approves the Public
Works Director's Report and declares that the territory within the
boundaries so specified and described is the area, benefiting from said
local improvements; that the expense of maintaining and operating said
improvements is hereby made assessable upon said area; and that the
exterior boundaries thereof are hereby specified and described to be as
shown on that certain map marked Exhibit "B," entitled "Map and
Assessment Diagram for Addition of Territory, to the Consolidated
Maintenance District, Bakersfield, California," which map indicates by a
boundary line the extent of the territory to be added to the Consolidated
Maintenance District and shall govern for all details as to the extent of
the addition.
3. Each parcel identified in Exhibit "E" is included in the Street Landscape
and Park Zones of benefit and is assessed an amount not to exceed the
amount established in Resolution No. 019-05 per equivalent dwelling unit
per year. In each subsequent year, annual assessments may increase by
the cost of living reflected in the Los Angeles -Long Beach-Anaheim/All
Urban Consumers Consumer Price Index.
Page 2 of 3
I HEREBY CERTIFY that the foregoing Resolution/Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
ff-I Wj js -061TA WO
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
JOSHUA RUDNICK
Deputy City Attorney
Attachments: Exhibit"'I"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Exhibit "I"'
Page 3 of 3
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-258
Fiscal Year 2021-2022
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
described as 2700 Oswell Street and as shown on Map and Assessment Diagram marked
Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as
an area within the City of Bakersfield.
Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director
makes and files this report and proposed assessment of and upon all parcels of property
within the area for the cost of maintaining a public park and public street medians and other
public street landscaping. The improvements generally include, but are not limited to,
recreation and sports equipment including swings, slides, play structures and storage
buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains
and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical
wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and
sidewalks and walkways now existing or hereafter to be constructed or planted in and for
said area and are of a public nature. The assessment includes the cost of necessary repairs,
replacement, water, electricity, care, supervision and any and all other items necessary for
the proper maintenance and operation thereof, and all additions and improvements thereto
which may hereafter be made.
For many years, public parks, public streets median and other public street landscaping
improvements in the City were maintained through traditional tax revenues. After Proposition
13, in 1978, funds available for maintenance and operation of parks, street median and
other street landscaping improvements were substantially reduced. At present, the City's
budget does not allow for maintenance and operation of park and street landscaping
improvements of the type described above. Thus, without funds for maintenance and
operating costs from a source other than general tax revenues, the City does not permit new
public parks, street median and other street landscaping improvements to be constructed
within the City.
Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance
District for the maintenance of a park and public street median and other street
landscaping. The area will be assigned appropriate park and street tiers in the Consolidated
Maintenance District so that each parcel will be assessed the same amount as other parcels
receiving a similar benefit.
All parcels within this area shall be assessed an amount not to exceed that established in
Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit "C") per
parcel. In each subsequent year, annual assessments may increase by the cost of living
reflected in the Los Angeles -Long Beach-Anaheim/All Urban Consumers Consumer Price
Index. However, parcels will not be assessed until park and/or street landscaping have been
EXHIBIT 1
installed. When park and/or street landscape improvements have been completed, the
appropriate park and street tier levels will be assigned, but in no case shall the assessments
exceed the amount established in Resolution No. 019-05 as escalated per the above
described Consumer Price Index.
All parcels as described in the Benefit Formula on file with the City Clerk within the area will
be affected. Sensory benefits from installing street landscaping are aesthetic enhancement
and open space enjoyment.
A public park will benefit all the residential lots and public median and street landscaping
will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis
throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached
hereto and incorporated in this resolution as though fully set forth herein.
NOW THEREFORE, I, GREGG STRAKALUSE, Director of Public Works of the City of
Bakersfield, by virtue of the power vested in me and the order of the Council of said City,
hereby submit the Fiscal Year 2021-2022 Budget and Assessment Roll as set forth in Exhibit "D"
and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set
forth, upon all parcels of property within additional territory subject to be assessed to
pay the cost of maintenance and operation in said area.
Dated:
GREGG STRAKALUSE
Public Works Director
City of Bakersfield
EXHIBIT 1
LEGAL DESCRIPTION
Area 4-258
An area located in Section 15, Township 29, Range 28 M.D.B. & M., more
particularly described as follows:
SPR 21-0102
2700 Oswell Street Bakersfield California
Containing: 0.58 Acres, more or less.
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 4-258) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
MD 4-2S8
ALUM 3T
N
NOT TO SCALE
EXHIBIT "Bn
FlLE: MD 4-258 SHEET 1 of 1
EXHIBIT "C"
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel joining the Consolidated Maintenance District shall be assessed the amount
as defined below:
Rate:
Shall equal the dollar amount shown per the tier level of your zone of the Consolidated
Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier"
as approved by City Council Resolution 019-15. As per the Resolution, "Said amounts shall
be increased annually by the cost of living increase reflected in the Los Angeles -
Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for
both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance
District are established by the Parks and Recreation Dept. through separate policy.
Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined on
page 2 of this exhibit) for the parcel.
Multiplied by (Tier): The factor for the tier level, which equals the street or tier
number. This tier is assigned by the Parks and Recreation
department for the entire area of the Consolidated Maintenance
District.
County Fee(Tier): The County of Kern Assessors Office charges a fee for each
parcel added to their tax roll.
Total Assessment $= ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee)
Note: Since Proposition 218 was passed in November 1996, assessment rates for areas
formed prior to Proposition 218 have been frozen at their current rate.
Areas formed between November 1996 and January 12, 2005 shall be assessed by the
terms stated on their Proposition 218 ballot.
On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on
the maximum assessment. Any areas formed after Proposition 218 and which have ballots
which include this escalator may be increased according to their ballot terms.
EXHIBIT C
A parcel may be added to the City of Bakersfield Consolidated Maintenance District if
any of the below conditions occurs:
1. Bakersfield Municipal code 13.04.021:
"It is the policy of the city to include within a maintenance district all new developments
that are subject to the Subdivision Map Act and that benefit from landscaping in the
public right-of-way and/or public parks. Nothing shall preclude the city from requesting
formation of a maintenance district, or updating the maintenance district documents as
a condition of a zone change, or general plan amendment, or grading permit, or
conditional use permit, or during site plan review where deemed necessary by the city.
2. Bakersfield Municipal Code 13.04.022 (a):
"No final map or certificate of compliance for a parcel map waiver may be recorded
absent establishment of a maintenance district to provide for all future maintenance of
any landscaping in the public right-of-way and of any public park required as a condition
of approval of the development project for the area covered by the final map or parcel
map waiver."
3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone
Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling
Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given
special conditions or agreements as necessary to adequately reflect the conditions of the
site at the time of formation. Developed Parcels will be assessed by their actual units on
their site as per their plans, map, or current use.
Single Family Residential Parcels: 1 EDU per Parcel
Mobile Home Parks: 1 EDU per Space / Lot
Multifamily Residential Parcels: .71 EDU per Unit
(Commercial / Industrial / Mixed Use): 6 EDU per Acre
Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max
theoretical density as used by the City of Bakersfield Planning Dept. Those densities are:
Zone EDU's per gross acre
R-1
7.26
R-2
17.42
R-3
34.85
R-4
72.6
E:
R-S
4.36
1.82
R-S-1 A
1
R-S-2.5A
0.4
R-S-5A
0.2
R-S-1 OA
0.1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
Agricultural: 1 EDU per gross acre
EXHIBIT C
MAINTENANCE DISTRICT AREA 4-258
Said assessment is made in accordance with the benefit formula attached hereto.
2021-2022
BUDGET
Gross Budget Amount Required $0.00
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance(Deficit) ** $0.00
Less: City Contributions $0.00
NET AMOUNT TO BE ASSESSED $0.00
** Previous Years Deficits No Longer Carried Forward.
EXHIBIT D
MAINTENANCE DISTRICT AREA 4-258
ASSESSMENT ROLL
FISCAL YEAR 2021-2022
Assessor's Tax No. Total amount to
be collected for
FY (2021-2022)
383-280-06-00-2 $0.00
0 $0.00
0 $0.00
Total $0.00
EXHIBIT E
Inclusion of a Subdivision into the Consolidated Maintenance District
A&M Darghali LLC, a California limited liability company
2700 Oswell Street
Bakersfield, CA 93306
City of Bakersfield - Public Works Department
Attn: Manpreet S. Behl
1600 Truxtun Avenue
Bakersfield, California 93301
I On -Mill & = 0-3-4 0
RE: Inclusion of SPR 21-0102 (2700 Oswell Street) in a Consolidated
Maintenance District (CMD)
We, the undersigned, as owners of the property included within SPR 21-0102 (2700
Oswell Street) hereby request that the property be included within the CMD. This
request is in accordance with the requirements of Bakersfield Municipal Code
Section 13.04.021. Enclosed is a check for $ 924.00 as required by the City to cover
the costs of this inclusion into the CMD. If requested, our engineer will supply you
with a computer disk copy of the map for your use.
We understand that under Proposition 218 and Government Code section 53753
("applicable law"), a City Council hearing will be held for purposes of including the
above property within the CMD and determining the amount of assessments. We
hereby waive our right to have a hearing within the time parameters set forth in the
applicable law. We further understand that the hearing is scheduled for 1
20 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA
93301. We hereby waive our right to further notice of that hearing.
Respectfully,
Muneeb Darghali
Managing Member
EXHIBIT F
RESOLUTION OF INTENTION NO. 2129
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 5-113 (1720 PLANZ ROAD) TO THE CONSOLIDATED
MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING,
CONFIRMING AND APPROVING THE PUBLIC WORKS
DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION,
THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT
OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL.
(WARD 7)
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for a procedure by which the City Council may provide for the
payment of the whole or any part of the costs and expenses of maintaining and
operating any public improvements which are local in nature, from annual benefit
assessments apportioned among the lots or parcels of property within the established
Consolidated Maintenance District ("CMD"). The assessments to be placed on parcels
within this district area reflect that portion of the cost of maintenance of a public park
and public street landscaping ("special benefit") above and beyond the basic cost
of maintenance of a public park and public street landscaping throughout the City
(''general benefit");
WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit
1), the property within this new district reflects that portion of the cost of maintenance
of a public street landscaping and/or public park, based on the location of said
improvements in or near said area, above and beyond the general benefit of parcels
within the City that are not part of the CMD. Each parcel within this area will be
assessed its proportionate share of special benefit based on the zoning, usage, and
size of the parcel;
WHEREAS, the property owner has requested the City Council to include the
property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code
of the City of Bakersfield, and the Public Works Director recommends addition of
territory to the CMD;
WHEREAS, it is the intention of the City Council of the City of Bakersfield to add
territory, Area 5-113 (SPR 20-0192) to the CMD. Said area is generally described in
Exhibit "B" attached hereto, to maintain local improvements including a public park
and public street landscaping;
WHEREAS, the Public Works Director has on this date filed with the Clerk of
said Council his report, attached hereto and incorporated herein by reference as
Exhibit 1," containing the following:
a) A description of the boundary of the additional territory, attached
hereto as Exhibit "A";
Page 1 of 3
b) A map and assessment diagram of the additional territory, attached
hereto as Exhibit "B";
c) The benefit formula attached hereto as Exhibit "C'
d) A budget, attached hereto as Exhibit "D," containing the matters
specified in Section 13.04.130 of the Bakersfield Municipal Code;
e) The amount of assessment to be levied against each parcel, attached
hereto as Exhibit "E";
f) Correspondence from the property owner(s) requesting inclusion
within the CMD attached hereto as Exhibit "F";
WHEREAS, the City of Bakersfield has received a letter from the owner(s) of
the property described in Exhibit "B," which waives any and all hearings (whether
pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law)
concerning the formation of and assessments for inclusion in the Consolidated
Maintenance District; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield,
State of California, as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. The City Council hereby preliminarily adopts and approves the Public
Works Director's Report and declares that the territory within the
boundaries so specified and described is the area, benefiting from said
local improvements; that the expense of maintaining and operating said
improvements is hereby made assessable upon said area; and that the
exterior boundaries thereof are hereby specified and described to be as
shown on that certain map marked Exhibit "B," entitled "Map and
Assessment Diagram for Addition of Territory, to the Consolidated
Maintenance District, Bakersfield, California," which map indicates by a
boundary line the extent of the territory to be added to the Consolidated
Maintenance District and shall govern for all details as to the extent of
the addition.
3. Each parcel identified in Exhibit "E" is included in the Street Landscape
and Park Zones of benefit and is assessed an amount not to exceed the
amount established in Resolution No. 019-05 per equivalent dwelling unit
per year. In each subsequent year, annual assessments may increase by
the cost of living reflected in the Los Angeles -Long Beach-Anaheim/All
Urban Consumers Consumer Price Index.
Page 2 of 3
I HEREBY CERTIFY that the foregoing Resolution/Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
ff-I Wj js -061TA WO
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
JOSHUA RUDNICK
Deputy City Attorney
Attachments: Exhibit"'I"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Exhibit "I"'
Page 3 of 3
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 5-1 13
Fiscal Year 2021-2022
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
described as 1720 Planz Road and as shown on Map and Assessment Diagram marked
Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as
an area within the City of Bakersfield.
Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director
makes and files this report and proposed assessment of and upon all parcels of property
within the area for the cost of maintaining a public park and public street medians and other
public street landscaping. The improvements generally include, but are not limited to,
recreation and sports equipment including swings, slides, play structures and storage
buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains
and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical
wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and
sidewalks and walkways now existing or hereafter to be constructed or planted in and for
said area and are of a public nature. The assessment includes the cost of necessary repairs,
replacement, water, electricity, care, supervision and any and all other items necessary for
the proper maintenance and operation thereof, and all additions and improvements thereto
which may hereafter be made.
For many years, public parks, public streets median and other public street landscaping
improvements in the City were maintained through traditional tax revenues. After Proposition
13, in 1978, funds available for maintenance and operation of parks, street median and
other street landscaping improvements were substantially reduced. At present, the City's
budget does not allow for maintenance and operation of park and street landscaping
improvements of the type described above. Thus, without funds for maintenance and
operating costs from a source other than general tax revenues, the City does not permit new
public parks, street median and other street landscaping improvements to be constructed
within the City.
Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance
District for the maintenance of a park and public street median and other street
landscaping. The area will be assigned appropriate park and street tiers in the Consolidated
Maintenance District so that each parcel will be assessed the same amount as other parcels
receiving a similar benefit.
All parcels within this area shall be assessed an amount not to exceed that established in
Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit "C") per
parcel. In each subsequent year, annual assessments may increase by the cost of living
reflected in the Los Angeles -Long Beach-Anaheim/All Urban Consumers Consumer Price
Index. However, parcels will not be assessed until park and/or street landscaping have been
EXHIBIT 1
installed. When park and/or street landscape improvements have been completed, the
appropriate park and street tier levels will be assigned, but in no case shall the assessments
exceed the amount established in Resolution No. 019-05 as escalated per the above
described Consumer Price Index.
All parcels as described in the Benefit Formula on file with the City Clerk within the area will
be affected. Sensory benefits from installing street landscaping are aesthetic enhancement
and open space enjoyment.
A public park will benefit all the residential lots and public median and street landscaping
will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis
throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached
hereto and incorporated in this resolution as though fully set forth herein.
NOW THEREFORE, I, GREGG STRAKALUSE, Director of Public Works of the City of
Bakersfield, by virtue of the power vested in me and the order of the Council of said City,
hereby submit the Fiscal Year 2021-2022 Budget and Assessment Roll as set forth in Exhibit "D"
and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set
forth, upon all parcels of property within additional territory subject to be assessed to
pay the cost of maintenance and operation in said area.
Dated:
GREGG STRAKALUSE
Public Works Director
City of Bakersfield
EXHIBIT 1
LEGAL DESCRIPTION
Area 5-113
An area located in Section 12, Township 30, Range 27 M.D.B. & M., more
particularly described as follows:
S P R 20-0192
1720 Planz Road Bakersfield California
Containing: 0.65 Acres, more or less.
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 5-113) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
MD
N
NOT TO SCALE
EXHIBIT "Bn
FlLE: MD 5-113 sH¢T 1 of 1
EXHIBIT "C"
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel joining the Consolidated Maintenance District shall be assessed the amount
as defined below:
Rate:
Shall equal the dollar amount shown per the tier level of your zone of the Consolidated
Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier"
as approved by City Council Resolution 019-15. As per the Resolution, "Said amounts shall
be increased annually by the cost of living increase reflected in the Los Angeles -
Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for
both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance
District are established by the Parks and Recreation Dept. through separate policy.
Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined on
page 2 of this exhibit) for the parcel.
Multiplied by (Tier): The factor for the tier level, which equals the street or tier
number. This tier is assigned by the Parks and Recreation
department for the entire area of the Consolidated Maintenance
District.
County Fee(Tier): The County of Kern Assessors Office charges a fee for each
parcel added to their tax roll.
Total Assessment $= ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee)
Note: Since Proposition 218 was passed in November 1996, assessment rates for areas
formed prior to Proposition 218 have been frozen at their current rate.
Areas formed between November 1996 and January 12, 2005 shall be assessed by the
terms stated on their Proposition 218 ballot.
On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on
the maximum assessment. Any areas formed after Proposition 218 and which have ballots
which include this escalator may be increased according to their ballot terms.
EXHIBIT C
A parcel may be added to the City of Bakersfield Consolidated Maintenance District if
any of the below conditions occurs:
1. Bakersfield Municipal code 13.04.021:
"It is the policy of the city to include within a maintenance district all new developments
that are subject to the Subdivision Map Act and that benefit from landscaping in the
public right-of-way and/or public parks. Nothing shall preclude the city from requesting
formation of a maintenance district, or updating the maintenance district documents as
a condition of a zone change, or general plan amendment, or grading permit, or
conditional use permit, or during site plan review where deemed necessary by the city.
2. Bakersfield Municipal Code 13.04.022 (a):
"No final map or certificate of compliance for a parcel map waiver may be recorded
absent establishment of a maintenance district to provide for all future maintenance of
any landscaping in the public right-of-way and of any public park required as a condition
of approval of the development project for the area covered by the final map or parcel
map waiver."
3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone
Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling
Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given
special conditions or agreements as necessary to adequately reflect the conditions of the
site at the time of formation. Developed Parcels will be assessed by their actual units on
their site as per their plans, map, or current use.
Single Family Residential Parcels: 1 EDU per Parcel
Mobile Home Parks: 1 EDU per Space / Lot
Multifamily Residential Parcels: .71 EDU per Unit
(Commercial / Industrial / Mixed Use): 6 EDU per Acre
Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max
theoretical density as used by the City of Bakersfield Planning Dept. Those densities are:
Zone EDU's per gross acre
R-1
7.26
R-2
17.42
R-3
34.85
R-4
72.6
E:
R-S
4.36
1.82
R-S-1 A
1
R-S-2.5A
0.4
R-S-5A
0.2
R-S-1 OA
0.1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
Agricultural: 1 EDU per gross acre
EXHIBIT C
MAINTENANCE DISTRICT AREA 5-113
Said assessment is made in accordance with the benefit formula attached hereto.
2021-2022
BUDGET
Gross Budget Amount Required $0.00
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance(Deficit) ** $0.00
Less: City Contributions $0.00
NET AMOUNT TO BE ASSESSED $0.00
** Previous Years Deficits No Longer Carried Forward.
EXHIBIT D
MAINTENANCE DISTRICT AREA 5-113
ASSESSMENT ROLL
FISCAL YEAR 2021-2022
Assessor's Tax No. Total amount to
be collected for
FY (2021-2022)
023-172-18-01-3 $0.00
0 $0.00
0 $0.00
Total $0.00
EXHIBIT E
-1: . : : -. I- ftil 1 4. M:S4 : 4.
1 %� IU L U IVI I L LF I L I L
Inclusion of a Subulvislor, IMO tole a r, enance rc
Tanya Lopez
1720 Planz Road
Bakersfield, CA 93304
City of Bakersfield - Public Works Den-,irtment
Attn: Manpreet S. Behl
1600 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Behl:
RE: Inclusion of SPR 20-0192 (1720 Planz Road) in a Consolidated
Maintenance District (CMD)
We, the undersigned, as owners of the property included within SPR 20-0192 (1720
Planz Road) hereby request that the property be included within the CMD. This
request is in accordance with the requirements of Bakersfield Municipal Code
Section 13.04.021. Enclosed is a check for $ 924.00 as required by the City to cover
the costs of this inclusion into the CMD. If requested, our engineer will supply you
with a computer disk copy of the map for your use.
We understand that under Proposition 218 and Government Code section 53753
("applicable law"), a City Council hearing will be held for purposes of including the
above property within the CMD and determining the amount of assessments. We
hereby waive our right to have a hearing within the time parameters set forth in the
applicable law. We further understand that the hearing is scheduled for 0
20 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA
93301. We hereby waive our right to further notice of that hearing.
Respectfully,
Lopez
EXHIBIT F
RESOLUTION OF INTENTION NO. 2130
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 5-114 (3516 LOTUS LANE) TO THE CONSOLIDATED
MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING,
CONFIRMING AND APPROVING THE PUBLIC WORKS
DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION,
THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT
OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL.
(WARD 1)
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for a procedure by which the City Council may provide for the
payment of the whole or any part of the costs and expenses of maintaining and
operating any public improvements which are local in nature, from annual benefit
assessments apportioned among the lots or parcels of property within the established
Consolidated Maintenance District ("CMD"). The assessments to be placed on parcels
within this district area reflect that portion of the cost of maintenance of a public park
and public street landscaping ("special benefit") above and beyond the basic cost
of maintenance of a public park and public street landscaping throughout the City
(''general benefit");
WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit
1), the property within this new district reflects that portion of the cost of maintenance
of a public street landscaping and/or public park, based on the location of said
improvements in or near said area, above and beyond the general benefit of parcels
within the City that are not part of the CMD. Each parcel within this area will be
assessed its proportionate share of special benefit based on the zoning, usage, and
size of the parcel;
WHEREAS, the property owner has requested the City Council to include the
property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code
of the City of Bakersfield, and the Public Works Director recommends addition of
territory to the CMD;
WHEREAS, it is the intention of the City Council of the City of Bakersfield to add
territory, Area 5-1 14 (Grading Plan 21-400000109) to the CMD. Said area is generally
described in Exhibit "B" attached hereto, to maintain local improvements including a
public park and public street landscaping;
WHEREAS, the Public Works Director has on this date filed with the Clerk of
said Council his report, attached hereto and incorporated herein by reference as
Exhibit 1," containing the following:
a) A description of the boundary of the additional territory, attached
hereto as Exhibit "A";
Page 1 of 3
b) A map and assessment diagram of the additional territory, attached
hereto as Exhibit "B";
c) The benefit formula attached hereto as Exhibit "C'
d) A budget, attached hereto as Exhibit "D," containing the matters
specified in Section 13.04.130 of the Bakersfield Municipal Code;
e) The amount of assessment to be levied against each parcel, attached
hereto as Exhibit "E";
f) Correspondence from the property owner(s) requesting inclusion
within the CMD attached hereto as Exhibit "F";
WHEREAS, the City of Bakersfield has received a letter from the owner(s) of
the property described in Exhibit "B," which waives any and all hearings (whether
pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law)
concerning the formation of and assessments for inclusion in the Consolidated
Maintenance District; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield,
State of California, as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. The City Council hereby preliminarily adopts and approves the Public
Works Director's Report and declares that the territory within the
boundaries so specified and described is the area, benefiting from said
local improvements; that the expense of maintaining and operating said
improvements is hereby made assessable upon said area; and that the
exterior boundaries thereof are hereby specified and described to be as
shown on that certain map marked Exhibit "B," entitled "Map and
Assessment Diagram for Addition of Territory, to the Consolidated
Maintenance District, Bakersfield, California," which map indicates by a
boundary line the extent of the territory to be added to the Consolidated
Maintenance District and shall govern for all details as to the extent of
the addition.
3. Each parcel identified in Exhibit "E" is included in the Street Landscape
and Park Zones of benefit and is assessed an amount not to exceed the
amount established in Resolution No. 019-05 per equivalent dwelling unit
per year. In each subsequent year, annual assessments may increase by
the cost of living reflected in the Los Angeles -Long Beach-Anaheim/All
Urban Consumers Consumer Price Index.
Page 2 of 3
I HEREBY CERTIFY that the foregoing Resolution/Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
ff-I Wj js -061TA WO
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
JOSHUA RUDNICK
Deputy City Attorney
Attachments: Exhibit"'I"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Exhibit "I"'
Page 3 of 3
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 5-1 14
Fiscal Year 2021-2022
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
described as 3516 Lotus Lane and as shown on Map and Assessment Diagram marked
Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as
an area within the City of Bakersfield.
Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director
makes and files this report and proposed assessment of and upon all parcels of property
within the area for the cost of maintaining a public park and public street medians and other
public street landscaping. The improvements generally include, but are not limited to,
recreation and sports equipment including swings, slides, play structures and storage
buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains
and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical
wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and
sidewalks and walkways now existing or hereafter to be constructed or planted in and for
said area and are of a public nature. The assessment includes the cost of necessary repairs,
replacement, water, electricity, care, supervision and any and all other items necessary for
the proper maintenance and operation thereof, and all additions and improvements thereto
which may hereafter be made.
For many years, public parks, public streets median and other public street landscaping
improvements in the City were maintained through traditional tax revenues. After Proposition
13, in 1978, funds available for maintenance and operation of parks, street median and
other street landscaping improvements were substantially reduced. At present, the City's
budget does not allow for maintenance and operation of park and street landscaping
improvements of the type described above. Thus, without funds for maintenance and
operating costs from a source other than general tax revenues, the City does not permit new
public parks, street median and other street landscaping improvements to be constructed
within the City.
Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance
District for the maintenance of a park and public street median and other street
landscaping. The area will be assigned appropriate park and street tiers in the Consolidated
Maintenance District so that each parcel will be assessed the same amount as other parcels
receiving a similar benefit.
All parcels within this area shall be assessed an amount not to exceed that established in
Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit "C") per
parcel. In each subsequent year, annual assessments may increase by the cost of living
reflected in the Los Angeles -Long Beach-Anaheim/All Urban Consumers Consumer Price
Index. However, parcels will not be assessed until park and/or street landscaping have been
EXHIBIT 1
installed. When park and/or street landscape improvements have been completed, the
appropriate park and street tier levels will be assigned, but in no case shall the assessments
exceed the amount established in Resolution No. 019-05 as escalated per the above
described Consumer Price Index.
All parcels as described in the Benefit Formula on file with the City Clerk within the area will
be affected. Sensory benefits from installing street landscaping are aesthetic enhancement
and open space enjoyment.
A public park will benefit all the residential lots and public median and street landscaping
will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis
throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached
hereto and incorporated in this resolution as though fully set forth herein.
NOW THEREFORE, I, GREGG STRAKALUSE, Director of Public Works of the City of
Bakersfield, by virtue of the power vested in me and the order of the Council of said City,
hereby submit the Fiscal Year 2021-2022 Budget and Assessment Roll as set forth in Exhibit "D"
and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set
forth, upon all parcels of property within additional territory subject to be assessed to
pay the cost of maintenance and operation in said area.
Dated:
GREGG STRAKALUSE
Public Works Director
City of Bakersfield
EXHIBIT 1
LEGAL DESCRIPTION
Area 5-114
An area located in Section 17, Township 30, Range 28 M.D.B. & M., more
particularly described as follows:
Grading Plan 21-400000109
3516 Lotus Lane Bakersfield California
Containing: 0.15 Acres, more or less.
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 5-114) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
MD 5-114
LU
3 �
J =
N sr
NOT TO SCALE
EXHIBIT "Bn
FlLE: MD 5-114 SHEET 1 of 1
EXHIBIT "C"
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel joining the Consolidated Maintenance District shall be assessed the amount
as defined below:
Rate:
Shall equal the dollar amount shown per the tier level of your zone of the Consolidated
Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier"
as approved by City Council Resolution 019-15. As per the Resolution, "Said amounts shall
be increased annually by the cost of living increase reflected in the Los Angeles -
Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for
both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance
District are established by the Parks and Recreation Dept. through separate policy.
Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined on
page 2 of this exhibit) for the parcel.
Multiplied by (Tier): The factor for the tier level, which equals the street or tier
number. This tier is assigned by the Parks and Recreation
department for the entire area of the Consolidated Maintenance
District.
County Fee(Tier): The County of Kern Assessors Office charges a fee for each
parcel added to their tax roll.
Total Assessment $= ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee)
Note: Since Proposition 218 was passed in November 1996, assessment rates for areas
formed prior to Proposition 218 have been frozen at their current rate.
Areas formed between November 1996 and January 12, 2005 shall be assessed by the
terms stated on their Proposition 218 ballot.
On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on
the maximum assessment. Any areas formed after Proposition 218 and which have ballots
which include this escalator may be increased according to their ballot terms.
EXHIBIT C
A parcel may be added to the City of Bakersfield Consolidated Maintenance District if
any of the below conditions occurs:
1. Bakersfield Municipal code 13.04.021:
"It is the policy of the city to include within a maintenance district all new developments
that are subject to the Subdivision Map Act and that benefit from landscaping in the
public right-of-way and/or public parks. Nothing shall preclude the city from requesting
formation of a maintenance district, or updating the maintenance district documents as
a condition of a zone change, or general plan amendment, or grading permit, or
conditional use permit, or during site plan review where deemed necessary by the city.
2. Bakersfield Municipal Code 13.04.022 (a):
"No final map or certificate of compliance for a parcel map waiver may be recorded
absent establishment of a maintenance district to provide for all future maintenance of
any landscaping in the public right-of-way and of any public park required as a condition
of approval of the development project for the area covered by the final map or parcel
map waiver."
3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone
Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling
Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given
special conditions or agreements as necessary to adequately reflect the conditions of the
site at the time of formation. Developed Parcels will be assessed by their actual units on
their site as per their plans, map, or current use.
Single Family Residential Parcels: 1 EDU per Parcel
Mobile Home Parks: 1 EDU per Space / Lot
Multifamily Residential Parcels: .71 EDU per Unit
(Commercial / Industrial / Mixed Use): 6 EDU per Acre
Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max
theoretical density as used by the City of Bakersfield Planning Dept. Those densities are:
Zone EDU's per gross acre
R-1
7.26
R-2
17.42
R-3
34.85
R-4
72.6
E:
R-S
4.36
1.82
R-S-1 A
1
R-S-2.5A
0.4
R-S-5A
0.2
R-S-1 OA
0.1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
Agricultural: 1 EDU per gross acre
EXHIBIT C
MAINTENANCE DISTRICT AREA 5-114
Said assessment is made in accordance with the benefit formula attached hereto.
2021-2022
BUDGET
Gross Budget Amount Required $0.00
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance(Deficit) ** $0.00
Less: City Contributions $0.00
NET AMOUNT TO BE ASSESSED $0.00
** Previous Years Deficits No Longer Carried Forward.
EXHIBIT D
MAINTENANCE DISTRICT AREA 5-114
ASSESSMENT ROLL
FISCAL YEAR 2021-2022
Assessor's Tax No. Total amount to
be collected for
FY (2021-2022)
172-092-30-00-2 $0.00
0 $0.00
0 $0.00
Total $0.00
EXHIBIT E
Inclusion of a Subdivision into the Consolidated Maintenance District
Byron Allen Campbell and Carol Campbell
3516 Lotus Lane
Bakersfield, CA 93307
City of Bakersfield - Public Works Department
Attn: Manpreet S. Behl
1600 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Behl:
RE: Inclusion of Grading Plan # 21-400000109 (3516 Lotus Lane) in a
Consolidated Maintenance District (CMD)
We, the undersigned, as owners of the property included within Grading Plan # 21-
400000109 (3516 Lotus Lane) hereby request that the property be included within
the CMD. This request is in accordance with the requirements of Bakersfield
Municipal Code Section 13.04.021. Enclosed is a check for $ 924.00 as required by
the City to cover the costs of this inclusion into the CMD. If requested, our engineer
will supply you with a computer disk copy of the map for your use.
We understand that under Proposition 218 and Government Code section 53753
("applicable law"), a City Council hearing will be held for purposes of including the
above property within the CMD and determining the amount of assessments. We
hereby waive our right to have a hearing within the time parameters set forth in the
applicable law, We further understand that the hearing is scheduled for 1
20 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA
93301. We hereby waive our right to further notice of that hearing.
Respectfully,
Byron Aller
Owner
Carol Cam
Owner
EXHIBIT F
RESOLUTION OF INTENTION NO. 2131
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 5-115 (2300 SHORT STREET) TO THE CONSOLIDATED
MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING,
CONFIRMING AND APPROVING THE PUBLIC WORKS
DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION,
THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT
OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL.
(WARD 1)
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for a procedure by which the City Council may provide for the
payment of the whole or any part of the costs and expenses of maintaining and
operating any public improvements which are local in nature, from annual benefit
assessments apportioned among the lots or parcels of property within the established
Consolidated Maintenance District ("CMD"). The assessments to be placed on parcels
within this district area reflect that portion of the cost of maintenance of a public park
and public street landscaping ("special benefit") above and beyond the basic cost
of maintenance of a public park and public street landscaping throughout the City
(''general benefit");
WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit
1), the property within this new district reflects that portion of the cost of maintenance
of a public street landscaping and/or public park, based on the location of said
improvements in or near said area, above and beyond the general benefit of parcels
within the City that are not part of the CMD. Each parcel within this area will be
assessed its proportionate share of special benefit based on the zoning, usage, and
size of the parcel;
WHEREAS, the property owner has requested the City Council to include the
property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code
of the City of Bakersfield, and the Public Works Director recommends addition of
territory to the CMD;
WHEREAS, it is the intention of the City Council of the City of Bakersfield to add
territory, Area 5-115 (SPR 21-0116) to the CMD. Said area is generally described in
Exhibit "B" attached hereto, to maintain local improvements including a public park
and public street landscaping;
WHEREAS, the Public Works Director has on this date filed with the Clerk of
said Council his report, attached hereto and incorporated herein by reference as
Exhibit 1," containing the following:
a) A description of the boundary of the additional territory, attached
hereto as Exhibit "A";
Page 1 of 3
b) A map and assessment diagram of the additional territory, attached
hereto as Exhibit "B";
c) The benefit formula attached hereto as Exhibit "C'
d) A budget, attached hereto as Exhibit "D," containing the matters
specified in Section 13.04.130 of the Bakersfield Municipal Code;
e) The amount of assessment to be levied against each parcel, attached
hereto as Exhibit "E";
f) Correspondence from the property owner(s) requesting inclusion
within the CMD attached hereto as Exhibit "F";
WHEREAS, the City of Bakersfield has received a letter from the owner(s) of
the property described in Exhibit "B," which waives any and all hearings (whether
pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law)
concerning the formation of and assessments for inclusion in the Consolidated
Maintenance District; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield,
State of California, as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. The City Council hereby preliminarily adopts and approves the Public
Works Director's Report and declares that the territory within the
boundaries so specified and described is the area, benefiting from said
local improvements; that the expense of maintaining and operating said
improvements is hereby made assessable upon said area; and that the
exterior boundaries thereof are hereby specified and described to be as
shown on that certain map marked Exhibit "B," entitled "Map and
Assessment Diagram for Addition of Territory, to the Consolidated
Maintenance District, Bakersfield, California," which map indicates by a
boundary line the extent of the territory to be added to the Consolidated
Maintenance District and shall govern for all details as to the extent of
the addition.
3. Each parcel identified in Exhibit "E" is included in the Street Landscape
and Park Zones of benefit and is assessed an amount not to exceed the
amount established in Resolution No. 019-05 per equivalent dwelling unit
per year. In each subsequent year, annual assessments may increase by
the cost of living reflected in the Los Angeles -Long Beach-Anaheim/All
Urban Consumers Consumer Price Index.
Page 2 of 3
I HEREBY CERTIFY that the foregoing Resolution/Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
ff-I Wj js -061TA WO
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
JOSHUA RUDNICK
Deputy City Attorney
Attachments: Exhibit"'I"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Exhibit "I"'
Page 3 of 3
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 5-1 15
Fiscal Year 2021-2022
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
described as 2300 Short Street and as shown on Map and Assessment Diagram marked
Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as
an area within the City of Bakersfield.
Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director
makes and files this report and proposed assessment of and upon all parcels of property
within the area for the cost of maintaining a public park and public street medians and other
public street landscaping. The improvements generally include, but are not limited to,
recreation and sports equipment including swings, slides, play structures and storage
buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains
and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical
wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and
sidewalks and walkways now existing or hereafter to be constructed or planted in and for
said area and are of a public nature. The assessment includes the cost of necessary repairs,
replacement, water, electricity, care, supervision and any and all other items necessary for
the proper maintenance and operation thereof, and all additions and improvements thereto
which may hereafter be made.
For many years, public parks, public streets median and other public street landscaping
improvements in the City were maintained through traditional tax revenues. After Proposition
13, in 1978, funds available for maintenance and operation of parks, street median and
other street landscaping improvements were substantially reduced. At present, the City's
budget does not allow for maintenance and operation of park and street landscaping
improvements of the type described above. Thus, without funds for maintenance and
operating costs from a source other than general tax revenues, the City does not permit new
public parks, street median and other street landscaping improvements to be constructed
within the City.
Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance
District for the maintenance of a park and public street median and other street
landscaping. The area will be assigned appropriate park and street tiers in the Consolidated
Maintenance District so that each parcel will be assessed the same amount as other parcels
receiving a similar benefit.
All parcels within this area shall be assessed an amount not to exceed that established in
Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit "C") per
parcel. In each subsequent year, annual assessments may increase by the cost of living
reflected in the Los Angeles -Long Beach-Anaheim/All Urban Consumers Consumer Price
Index. However, parcels will not be assessed until park and/or street landscaping have been
EXHIBIT 1
installed. When park and/or street landscape improvements have been completed, the
appropriate park and street tier levels will be assigned, but in no case shall the assessments
exceed the amount established in Resolution No. 019-05 as escalated per the above
described Consumer Price Index.
All parcels as described in the Benefit Formula on file with the City Clerk within the area will
be affected. Sensory benefits from installing street landscaping are aesthetic enhancement
and open space enjoyment.
A public park will benefit all the residential lots and public median and street landscaping
will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis
throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached
hereto and incorporated in this resolution as though fully set forth herein.
NOW THEREFORE, I, GREGG STRAKALUSE, Director of Public Works of the City of
Bakersfield, by virtue of the power vested in me and the order of the Council of said City,
hereby submit the Fiscal Year 2021-2022 Budget and Assessment Roll as set forth in Exhibit "D"
and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set
forth, upon all parcels of property within additional territory subject to be assessed to
pay the cost of maintenance and operation in said area.
Dated:
GREGG STRAKALUSE
Public Works Director
City of Bakersfield
EXHIBIT 1
LEGAL DESCRIPTION
Area 5-115
An area located in Section 8, Township 30, Range 28 M.D.B. & M., more
particularly described as follows:
S P R 21-0116
2300 Short Street Bakersfield California
Containing: 1.25 Acres, more or less.
N
NOT TO SCALE
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 5-115) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
EXHIBIT "Bn
FlLE: MD 5-115 sH¢T 1 of 1
EXHIBIT "C"
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel joining the Consolidated Maintenance District shall be assessed the amount
as defined below:
Rate:
Shall equal the dollar amount shown per the tier level of your zone of the Consolidated
Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier"
as approved by City Council Resolution 019-15. As per the Resolution, "Said amounts shall
be increased annually by the cost of living increase reflected in the Los Angeles -
Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for
both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance
District are established by the Parks and Recreation Dept. through separate policy.
Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined on
page 2 of this exhibit) for the parcel.
Multiplied by (Tier): The factor for the tier level, which equals the street or tier
number. This tier is assigned by the Parks and Recreation
department for the entire area of the Consolidated Maintenance
District.
County Fee(Tier): The County of Kern Assessors Office charges a fee for each
parcel added to their tax roll.
Total Assessment $= ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee)
Note: Since Proposition 218 was passed in November 1996, assessment rates for areas
formed prior to Proposition 218 have been frozen at their current rate.
Areas formed between November 1996 and January 12, 2005 shall be assessed by the
terms stated on their Proposition 218 ballot.
On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on
the maximum assessment. Any areas formed after Proposition 218 and which have ballots
which include this escalator may be increased according to their ballot terms.
EXHIBIT C
A parcel may be added to the City of Bakersfield Consolidated Maintenance District if
any of the below conditions occurs:
1. Bakersfield Municipal code 13.04.021:
"It is the policy of the city to include within a maintenance district all new developments
that are subject to the Subdivision Map Act and that benefit from landscaping in the
public right-of-way and/or public parks. Nothing shall preclude the city from requesting
formation of a maintenance district, or updating the maintenance district documents as
a condition of a zone change, or general plan amendment, or grading permit, or
conditional use permit, or during site plan review where deemed necessary by the city.
2. Bakersfield Municipal Code 13.04.022 (a):
"No final map or certificate of compliance for a parcel map waiver may be recorded
absent establishment of a maintenance district to provide for all future maintenance of
any landscaping in the public right-of-way and of any public park required as a condition
of approval of the development project for the area covered by the final map or parcel
map waiver."
3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone
Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling
Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given
special conditions or agreements as necessary to adequately reflect the conditions of the
site at the time of formation. Developed Parcels will be assessed by their actual units on
their site as per their plans, map, or current use.
Single Family Residential Parcels: 1 EDU per Parcel
Mobile Home Parks: 1 EDU per Space / Lot
Multifamily Residential Parcels: .71 EDU per Unit
(Commercial / Industrial / Mixed Use): 6 EDU per Acre
Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max
theoretical density as used by the City of Bakersfield Planning Dept. Those densities are:
Zone EDU's per gross acre
R-1
7.26
R-2
17.42
R-3
34.85
R-4
72.6
E:
R-S
4.36
1.82
R-S-1 A
1
R-S-2.5A
0.4
R-S-5A
0.2
R-S-1 OA
0.1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
Agricultural: 1 EDU per gross acre
EXHIBIT C
MAINTENANCE DISTRICT AREA 5-115
Said assessment is made in accordance with the benefit formula attached hereto.
2021-2022
BUDGET
Gross Budget Amount Required $0.00
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance(Deficit) ** $0.00
Less: City Contributions $0.00
NET AMOUNT TO BE ASSESSED $0.00
** Previous Years Deficits No Longer Carried Forward.
EXHIBIT D
MAINTENANCE DISTRICT AREA 5-115
ASSESSMENT ROLL
FISCAL YEAR 2021-2022
Assessor's Tax No. Total amount to
be collected for
FY (2021-2022)
170-300-08-00-1 $0.00
0 $0.00
0 $0.00
Total $0.00
EXHIBIT E
Inclusion of a Subdivision 490 the Consolidated Maintenance District
Gen N1, Rckert 'T'LFaCC II T1c CTI 11A
llbeq Fust Dated Mamn 1Z 1999
23CO Shom Stroca
Bakersfie d, CA 1.43?07
Ci',,t of Eaxersf e c Publ c Uecart,vcnt
Attr fOx-fp,eet S Etc-11
Bakersfiucl, Ca Arn a 933'
RE Inclusion of SPR 21-0116 (2300 Short Streetp in a Consolidated
Maintenance District (CIVID)
We, he jinders q,md, as ownem of to pnpmy rKhood want VIR 2 7 0176
hemk reaues! that tic prooert; ne �-ic�Ljded wthn t,-�c CNID. fit",
reauest 0 n accorda9ce "T to mourwrenh A BOOKC10 Mcmal Code
Semai 13 04121 Ercksec si it cheA lor $ 9241C as nau red by Me Chy to cowl -
the cost I As incUs on I -A ine CPAD If reouested, ou enTqm, AH smoy you
w1h a comower C s, copy of thc,, rriap for °or L,se
1,11,le qiat -Indol Flpc&ton 210"nal Gaverm)m Code secyon 5175?
i0pokable hWa Way Coirid howrip all be ida Iw pu,00nes 0 Pic Anny We
above procerty Mir —the CNID and coterin n ng ,hci xr,OW-11 C,t V0,
Vxeny ,va Ye oir ngO io Izave a nea-hy vahin to t me pwarnaten so INA n to
apdwab o 1ria Ve fart or unaentird tl"at tne i-earinq, scnedL,Ied for
20 at 5 15 r tine Comc I Ourmus ocatlal at 7501 Truntun Ave , BakNobed, CA
933T. 'Ne h mb'xa wallo our if.„N to hotior Mice 0
ILI
- Own
(049 U
to sort
Inswe
EXHIBIT F
%a
17777",
ADMINISTRATIVE REPORT
MEETING DATE: 2/23/2022 Consent— Resolutions e.
TO: Honorable Mayor and City Council
FROM: Gregg Strakaluse, Public Works Director
DATE: 1 /27/2022
WARD: Ward 2
SUBJECT: Resolution of I ntention No. 2126 to amend Area 4-69 100 E. California
Avenue to add additional parcels (ATN 016-500-01-00-3 and 016-500-
02-00-6) to the Consolidated Maintenance District and preliminarily
approving, confirming, and adopting the Public Works Director's Report.
STAFF RECOMMENDATION:
Staff recommends adopting the resolution of intention.
BACKGROUND:
Written requests have been received by the city Engineer from the owner(s) of existing
Maintenance District Area No. 04-69 (100 E. California Avenue), which was created in 2006 with
Parcel Map No. 11613. Because the existing building sits on top of parcel lines, the applicant
has submitted an application to merge the original parcel and two additional parcels under Parcel
Merger No. 21-0134. The original maintenance district boundary passes through the existing
building that is located on multiple parcels. When Parcel Merger No. 21-0134 is complete, the
existing maintenance district boundary will not cover the entire parcel. I n order to match the new
parcel, the existing maintenance district is to be amended to include the new parcel.
Inclusion of the new parcel in the Consolidated Maintenance District will provide for the
maintenance of parks and/or street landscaping. For an area where a park has been constructed
and/or street landscaping has already been installed, the area will be under the park and
streetscape zones of benefit and will be assigned appropriate tier levels during the next annual
update to the Consolidated Maintenance District. For an area where a park and/or street
landscaping has not been installed, the area will be assigned appropriate tier levels when
improvements are constructed.
The City of Bakersfield has received a letter from the owner(s) of the properties listed above,
which waived the public hearing concerning inclusion in the Consolidated Maintenance District.
Waiving of the public hearing allows the City to expedite the maintenance district process to
satisfy subdivision requirements. The owner(s) have also submitted a Proposition 218 ballot
indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated, maximum annual cost per equivalent
dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor -
Recorder's Office upon approval of this Resolution.
Staff is recommending the new parcels be added to the Consolidated Maintenance District at
the next City Council meeting.
ATTACHMENTS:
Description
Type
D
R01 2126AUEN�l YING AREA 4 69
Resolution
D
I II.. 4.. 69 Eki UBI II
Exhibt
D
I1.) 4 69 EXI I I B I111 A
Exhibt
D
�M 1.) 4 69 EXI I I B 111 IB
Exhibit
D
�M 1.) 4 69 Eki UB 111 C
ExhiIre t
D
�IM 1.) 4 69 IE X i I I IB 111 1
ExhiIII R
D
�IM 1.) 4.. 69 Eki UBI 11 lE
Exhit')R
D
IM 1.) 4 69 IE X i I I lB 111 F::
Exhibt
RESOLUTION OF INTENTION NO. 2126
A RESOLUTION DECLARING INTENTION TO AMEND AREA 4-
69 (100 E CALIFORNIA) TO ADD PARCELS (ATN 16-500-01-
00-3 AND 016-500-02-00-6) TO THE CONSOLIDATED
MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING,
CONFIRMING AND APPROVING THE PUBLIC WORKS
DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION,
THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT
OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL.
(WARD 2)
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for a procedure by which the City Council may provide for the
payment of the whole or any part of the costs and expenses of maintaining and
operating any public improvements which are local in nature, from annual benefit
assessments apportioned among the lots or parcels of property within the established
Consolidated Maintenance District ("CMD"). The assessments to be placed on parcels
within this district area reflect that portion of the cost of maintenance of a public park
and public street landscaping ("special benefit") above and beyond the basic cost
of maintenance of a public park and public street landscaping throughout the City
("general benefit");
WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit
1), the property within this new district reflects that portion of the cost of maintenance
of a public street landscaping and/or public park, based on the location of said
improvements in or near said area, above and beyond the general benefit of parcels
within the City that are not part of the CMD. Each parcel within this area will be
assessed its proportionate share of special benefit based on the zoning, usage, and
size of the parcel;
WHEREAS, the property owner has requested the City Council to include the
property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code
of the City of Bakersfield, and the Public Works Director recommends addition of
territory to the CMD;
WHEREAS, it is the intention of the City Council of the City of Bakersfield to
amend Area 4-69 (100 E. California Avenue) to include parcels ATN #016-500-01-00-3,
and 016-500-02-00-6 to the CMD. Said area is generally described in Exhibit "B"
attached hereto, to maintain local improvements including a public park and public
street landscaping;
WHEREAS, the Public Works Director has on this date filed with the Clerk of
said Council his report, attached hereto and incorporated herein by reference as
Exhibit 1," containing the following:
Q:\PROJECTS\MAINDIST\Formation Documents\Area AMD 4-69\ROI 2126 AMENDING AREA 4-69 OF THE CMD.docx
Page 1 of 3
a) A description of the boundary of the additional territory, attached
hereto as Exhibit "A";
b) A map and assessment diagram of the additional territory, attached
hereto as Exhibit "B";
c) The benefit formula attached hereto as Exhibit "C";
d) A budget, attached hereto as Exhibit "D," containing the matters
specified in Section 13.04.130 of the Bakersfield Municipal Code;
e) The amount of assessment to be levied against each parcel, attached
hereto as Exhibit "E";
f) Correspondence from the property owner(s) requesting inclusion
within the CMD attached hereto as Exhibit "F";
WHEREAS, the City of Bakersfield has received a letter from the owner(s) of
the property described in Exhibit "A," which waives any and all hearings (whether
pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law)
concerning the formation of and assessments for inclusion in the Consolidated
Maintenance District; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield,
State of California, as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. The City Council hereby preliminarily adopts and approves the Public
Works Director's Report and declares that the territory within the
boundaries so specified and described is the area, benefiting from said
local improvements; that the expense of maintaining and operating said
improvements is hereby made assessable upon said area; and that the
exterior boundaries thereof are hereby specified and described to be as
shown on that certain map marked Exhibit "B," entitled "Map and
Assessment Diagram for Addition of Territory, to the Consolidated
Maintenance District, Bakersfield, California," which map indicates by a
boundary line the extent of the territory to be added to the Consolidated
Maintenance District and shall govern for all details as to the extent of
the addition.
3. Each parcel identified in Exhibit "E" is included in the Street Landscape
and Park Zones of benefit and is assessed an amount not to exceed the
amount established in Resolution No. 019-05 per equivalent dwelling unit
per year. In each subsequent year, annual assessments may increase by
the cost of living reflected in the Los Angeles -Long Beach-Anaheim/All
Urban Consumers Consumer Price Index.
Q:\PROJECTS\MAINDIST\Formation Documents\Area AMD 4-69\ROI 2126 AMENDING AREA 4-69 OF THE CMD.docx
Page 2 of 3
I HEREBY CERTIFY that the foregoing Resolution/Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED:
-31
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
JOSHUA RUDNICK
Deputy City Attorney
Attachments: Exhibit"'I" Exhibit "D"
Exhibit "A" Exhibit "E"
Exhibit "B" Exhibit "F"
Exhibit "C"
Q:\PROJECTS\MAINDIST\Formation Documents\Area AMD 4-69\ROI 2126 AMENDING AREA 4-69 OF THE CMD.docx
Page 3 of 3
PUBLIC WORKS DIRECTOR'S REPORT
AMENDMENT OF TERRITORY, AREA 4-69
Fiscal Year 2021-2022
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
described as 100 E. California Avenue and as shown on Map and Assessment Diagram
marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set
forth, as an area within the City of Bakersfield.
Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director
makes and files this report and proposed assessment of and upon all parcels of property
within the area for the cost of maintaining a public park and public street medians and other
public street landscaping. The improvements generally include, but are not limited to,
recreation and sports equipment including swings, slides, play structures and storage
buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains
and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical
wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and
sidewalks and walkways now existing or hereafter to be constructed or planted in and for
said area and are of a public nature. The assessment includes the cost of necessary repairs,
replacement, water, electricity, care, supervision and any and all other items necessary for
the proper maintenance and operation thereof, and all additions and improvements thereto
which may hereafter be made.
For many years, public parks, public streets median and other public street landscaping
improvements in the City were maintained through traditional tax revenues. After Proposition
13, in 1978, funds available for maintenance and operation of parks, street median and
other street landscaping improvements were substantially reduced. At present, the City's
budget does not allow for maintenance and operation of park and street landscaping
improvements of the type described above. Thus, without funds for maintenance and
operating costs from a source other than general tax revenues, the City does not permit new
public parks, street median and other street landscaping improvements to be constructed
within the City.
Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance
District for the maintenance of a park and public street median and other street
landscaping. The area will be assigned appropriate park and street tiers in the Consolidated
Maintenance District so that each parcel will be assessed the same amount as other parcels
receiving a similar benefit.
All parcels within this area shall be assessed an amount not to exceed that established in
Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit "C") per
parcel. In each subsequent year, annual assessments may increase by the cost of living
reflected in the Los Angeles -Long Beach-Anaheim/All Urban Consumers Consumer Price
Index. However, parcels will not be assessed until park and/or street landscaping have been
EXHIBIT 1
installed. When park and/or street landscape improvements have been completed, the
appropriate park and street tier levels will be assigned, but in no case shall the assessments
exceed the amount established in Resolution No. 019-05 as escalated per the above
described Consumer Price Index.
All parcels as described in the Benefit Formula on file with the City Clerk within the area will
be affected. Sensory benefits from installing street landscaping are aesthetic enhancement
and open space enjoyment.
A public park will benefit all the residential lots and public median and street landscaping
will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis
throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached
hereto and incorporated in this resolution as though fully set forth herein.
NOW THEREFORE, I, GREGG STRAKALUSE, Director of Public Works of the City of
Bakersfield, by virtue of the power vested in me and the order of the Council of said City,
hereby submit the Fiscal Year 2021-2022 Budget and Assessment Roll as set forth in Exhibit "D"
and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set
forth, upon all parcels of property within additional territory subject to be assessed to
pay the cost of maintenance and operation in said area.
Dated:
GREGG STRAKALUSE
Public Works Director
City of Bakersfield
EXHIBIT 1
LEGAL DESCRIPTION
Area 4-69
An area located in Section 29, Township 29, Range 28 M.D.B. & M., more
particularly described as follows:
Parcel Merger 21-0134
100 E. California Avenue Bakersfield California
Containing: 17.32 Acres, more or less.
EXHIBIT "C"
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below:
Rate:
Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance
District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council
Resolution 019-15. As per the Resolution, "Said amounts shall be increased annually by the cost of living
increase reflected in the Los Angeles — Riverside — Orange County / All Urban Consumers Consumer Price
Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance
District are established by the Parks and Recreation Dept. through separate policy.
Multiplied by The number of Equivalent Dwelling Units (EDU's as defined on page 2 of this exhibit) for
(EDU): the parcel.
Multiplied by The factor for the tier level, which equals the street or tier number. This tier is assigned by
(Tier): the Parks and Recreation department for the entire area of the Consolidated
Maintenance District.
County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll.
Total Assessment $= ((Park Rate x Park Tier) x EDUD + ((Street Rate x Street Tier) x EDU) + (County Fee)
Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to
Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their
Proposition 218 ballot.
On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on the maximum
assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator
may be increased according to their ballot terms.
EXHIBIT C
A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below
conditions occurs:
1. Bakersfield Municipal code 13.04.021:
"It is the policy of the city to include within a maintenance district all new developments that are subject to
the Subdivision Map Act and that benefit from landscaping in the public right-of-way and/or public parks.
Nothing shall preclude the city from requesting formation of a maintenance district, or joining a a
maintenance district, or updating the maintenance district documents as a condition of a zone change, or
general plan amendment, or grading permit, or conditional use permit, or during site plan review where
deemed necessary by the city.
2. Bakersfield Municipal Code 13.04.022 (a):
"No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment
of a maintenance district to provide for all future maintenance of any landscaping in the public right-of-
way and of any public park required as a condition of approval of the development project for the area
covered by the final map or parcel map waiver."
3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General
Plan Amendment, or a Conditional Use Permit.
Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted
given special conditions or agreements as necessary to adequately reflect the conditions of the site at the
time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans,
map, or current use.
Single Family Residential Parcels: 1 EDU per Parcel
Mobile Home Parks: 1 EDU per Space / Lot
Multifamily Residential Parcels: .71 EDU per Unit
(Commercial / Industrial / Mixed Use): 6 EDU per Acre
Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical
density as used by the City of Bakersfield Planning Dept. Those densities are:
Zone EDU's per gross acre
R-1
7.26
R-2
17.42
R-3
34.85
R-4
72.6
E:
4.36
R-S
1.82
R-S-1 A
1
R-S-2.5A
0.4
R-S-5A
0.2
R-S-1 OA
0.1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
Agricultural: 1 EDU per gross acre
EXHIBIT C
MAINTENANCE DISTRICT AREA 4-69
Said assessment is made in accordance with the benefit formula attached hereto.
2021-2022
BUDGET
Gross Budget Amount Required $0.00
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance(Deficit) ** $0.00
Less: City Contributions $0.00
NET AMOUNT TO BE ASSESSED $0.00
** Previous Years Deficits No Longer Carried Forward.
EXHIBIT D
MAINTENANCE DISTRICT AREA 4-69
ASSESSMENT ROLL
FISCAL YEAR 2021-2022
Assessor's Tax No. Total amount to
be collected for
FY (2021-2022)
016-500-03-00-9
$0.00
016-500-01-00-3
$0.00
016-500-02-00-6
$0.00
Total $0.00
EXHIBIT E
Inclusion of a Subdivision into the Consolidated Maintenance District
FM Baker, LLC. aCalifornia limited liability company
YBG Bah8[. LLC. a [}e|8vv@[8 limited liability oVrnpgny
c/o Franklin B.Mandel
2BOWest End Avenue, Suite 1C
New York, NY1OD23
City of Bakersfield - Public Works Department
Attn: MaOpPeotS.B8h|
1OOOTruxtUnAvenue
Bakersfield, California 83301
RE: Amendment ofConsolidated Maintenance District /C01D\4-G9 for Parcel
We, the undersiQned, as owners of the property included within Parcel Merger No.
21-0134 (YOD E. California Avenue) hereby request that the existing CK8[} 4-69 be
amended to include ATN: 016-500'01-00-3 and 016-500-02-00-6. This request is in
accordance with the requirements of Bakersfield K8UniCip@| Code Section 13.04.021.
If requested, our engineer will supply you with 8 computer disk copy of the map for
your use.
We understand that under Proposition 218 and Government Code section 53753
("applicable law"), a City Council hearing will be held for purposes of including the
above property within the CMO and determining the amount of assessments. We
hereby waive our right tO have a hearing within the time parameters set forth in the
applicable law. VVefurther understand that the hearing isscheduled for .
20at 5:15 in the Council Chambers |OC@bed at 1501 TrUxtUn Ave., Bahersfie|d, CA
93301 VV8hereby waive our right tofurther notice ofthat hearing.
Respectfully,
FM Baker. LUC. a California
limited
I co 4c" ef I t
President
YBBBaher' LLC. a[)e|avvape
Limited liability company
H@nO|d Kaufman
Manager
EXHIBIT F
Inclusion of a Subdivision into the Consolidated Maintenance District
FM Baker, LLC, a California limited liability company
YBG Baker, LLC, a Delaware limited liability company
c/o Franklin B. Mandel
290 West End Avenue, Suite 1 C
New York, NY 10023
City of Bakersfield - Public Works Department
Attn: Manpreet S. Behl
1600 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Behl:
RE: Amendment of Consolidated Maintenance District (CMD) 4-69 for Parcel
Merger No. 21-0134 (100 E. California Avenue /ATN: 016-500-03-00-9)
We, the undersigned, as owners of the property included within Parcel Merger No.
21-0134 (100 E. California Avenue) hereby request that the existing CMD 4-69 be
amended to include ATN: 016-500-01-00-3 and 016-500-02-00-6. This request is in
accordance with the requirements of Bakersfield Municipal Code Section 13.04.021.
If requested, our engineer will supply you with a computer disk copy of the map for
your use.
We understand that under Proposition 218 and Government Code section 53753
("applicable law"), a City Council hearing will be held for purposes of including the
above property within the CMD and determining the amount of assessments. We
hereby waive our right to have a hearing within the time parameters set forth in the
applicable law. We further understand that the hearing is scheduled for ,
20_ at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA
93301. We hereby waive our right to further notice of that hearing.
Respectfully,
FM Baker, LLC, a California
limited liability company
Elliot L. Shelton
President
YBG Baker, LLC, apelaware
Limited liability co parw-
Harold K
Manager
EXHIBIT F
%a
17777",
ADMINISTRATIVE REPORT
MEETING DATE: 2/23/2022 Consent —Agreements f.
TO: Honorable Mayor and City Council
FROM: Jena Covey, Risk Manager
DATE: 2/11 /2022
WARD:
SUBJECT: Agreement with George Hills Company, Inc. (not to exceed $1,800,000
for a five year term, starting April 1, 2022), to adjust liability claims and
perform property damage subrogation services for the City of
Bakersfield.
STAFF RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
For the past three (3) years, the City has contracted with Sedgwick Claims Management
Services, Inc. (Sedgwick) as the City's third -party administrator to adjust liability claims filed
against the City. Sedgwick's responsibilities included conducting investigative services of liability
claims, on -site investigation of incidents, interviewing witnesses, and determination of potential
City liability, with an adjuster available twenty-four hours a day, seven days a week. The
current agreement with Sedgwick expires March 31, 2022.
The City issued a Request for Proposal (RFP) at the beginning of November 2021 for liability
claims adjusting and property damage subrogation services, and received responses from five
companies.
All the companies participated in the interview process on February 01, 2022, with the interview
panel consisting of representatives from the City Attorney's Office and Risk Management
Division.
The potential third party administrators were assessed on their knowledge and experience in
claims adjusting and property damage subrogation, with special emphasis on claims
administration for municipalities. Other pertinent factors considered were the availability of
personnel assigned to adjust claims, their knowledge and understanding of government liability
claims, the cost of the proposals, and their commitment to providing quality service to the City.
Through the interview process, the City was able to identify three companies, Sedgwick, Carl
Warren & Company, and George Hills Company, Inc (George Hills), that represented they could
best meet the City's needs for the liability and property damage subrogation program.
George Hills provided two pricing models: an hourly rate, with pricing for both an adjuster and
clerical support, with annual increases of fees for the hourly rates, and fees associated with
transferring data, and a flat fee with annual increases for each additional year, up to five (5) years
for liability claims adjusting services.
George Hills also included pricing for the property damage subrogation services, which included
a percentage of recovery and capping the fees charged annually to the City for this service ai
$60,000, subject to an annual 3% increase for each year.
Through the interview process George Hills exhibited they could best meet the City's needs
through their availability of services, pricing structure, and experience with handling public entity
claims.
Staff recommends approval of an agreement with George Hills for general liability claim
administration and property damage subrogation services for five (5) years and three (3) months,
commencing April 1, 2022. Compensation for all work, services and products called for under
this agreement shall not exceed $324,400 for the first year, $326,050 for the second year,
$335,575 for the third year, $345,332 for the fourth year, and $427,359 for the fifth year, for a
total compensation of $1,758,716. The current term of the agreement for each year is April 1
through March 31. The fifth year of the agreement includes three additional months for a total of
fifteen months so that the agreement will follow fiscal calendars in the future.
Costs associated with this agreement are
Management Budget.
ATTACHMENTS:
Description
George li...lhilllls Coirmnlpeny, IlrncAgireeirrneint
i:::::'.xlrnlilhlitk Coinnlpeirnsabonm
C:::::'.xlrnlilbit If::t: C:nun;orc e IN°Illilllls Coirrnlpeiny, Ili nc. II:'irolposal
funded annually through the Risk
Type
gireeirnne nt
i:::::' xtnli IN t
i:::::' xhli Ian li t
DocuSign Envelope ID: 310AEA12-6C1C-4745-9F73-201B25BC34C5
AGREEMENT NO.
INDEPENDENT CONTRACTOR'S AGREEMENT
THIS AGREEMENT is made and entered into on , by and between
the CITY OF BAKERSFIELD, a municipal corporation ("CITY" herein), and GEORGE HILLS
COMPANY, INC., a corporation licensed to do business in California, ("CONTRACTOR"
herein).
RECITALS
WHEREAS, the CITY issued a Request for Proposals and CONTRACTOR has submitted
a proposal concerning liability claims adjustment services and property damage
subrogation services; and
WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified
and a specialist in liability claims adjustment and property damage recovery; and
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and
CONTRACTOR mutually agree as follows:
1. SCOPE OF WORK. The scope of work is described as: The supervision,
adjustment and administration of general liability claims, and property damage
subrogation claims made for and against the City. The scope of work shall include all items
contained in CONTRACTOR's Proposal and CITY's Request for Proposals. CONTRACTOR's
Proposal and CITY's Request for Proposals are incorporated herein by reference as though
fully set forth. CONTRACTOR's services will include all the procedures necessary to properly
complete the task CONTRACTOR has been hired to perform whether specifically included
in the scope of work or not.
1.1 CONTRACTOR agrees to initiate prompt handling of all claims presented to
CONTRACTOR upon notification in writing, facsimile transmission, or by telephone from the
CITY.
1.2 All original reports, documents and claims data of every kind or description
that are prepared in whole or in part by or for CONTRACTOR in connection with this
Agreement shall be the CITY'S property. CONTRACTOR will not make available to any
individual or organization any report, document or data which was given to, prepared by
or assembled by CONTRACTOR pursuant to this Agreement unless prior consent is given by
the CITY. Additional copies of original reports, documents and data requested by the CITY
will be at the CITY'S expense in accordance with this Agreement. All such records shall be
held in strictest confidence by CONTRACTOR.
1.3 INVESTIGATIVE SERVICES. Complete investigative services as requested by CITY
to include, but not be limited to:
1.3.1. Receipt and examination of all reports of accidents, incidents,
claims, or cases which are or may be the subject of such liability claims.
1.3.2. Under the direction of the City Attorney or authorized
representative, perform the investigation of such accidents, incidents, claims or cases
where examination warrants such investigation to include on -site investigation,
INDEPENDENT CONTRACTOR'S AGREEMENT
Page 1 of 11
DocuSign Envelope ID: 310AEA12-6C1C-4745-9F73-201B25BC34C5
photographs, interviewing of witnesses, determination of losses, and other such
investigative services necessary to determine liability.
1.3.3. CONTRACTOR agrees to maintain service on a twenty-four (24)
hour, seven (7) days a week basis, to receive telephone reports of any incident or accident
which may be the subject of a liability claim, and shall provide immediate investigative
services, if the accident or incident so requires, to the extent necessary to provide a
complete investigation. Immediate investigative services may be provided by a local
outside investigator under the direction of CONTRACTOR.
1.3.4. CONTRACTOR will undertake items of special handling for CITY at
the direction of the City Attorney or authorized representative.
1.3.5. Whenever possible, and in almost all cases, CONTRACTOR will use
staff investigators on assigned cases. If outside investigators are assigned to cases, it will
be on a limited basis for specific work.
1.4 ALLOCATED EXPENSES. CITY agrees to pay for the cost of all extraordinary
investigative services where expert and professional assistance is required, such as
professional photographs, independent medical examination, professional engineering
services and laboratory services. CONTRACTOR shall order such services only upon
authorization by City Attorney or designated representative and such authority may be
given orally where such services are urgently required.
1.5 ADJUSTMENT SERVICES. CONTRACTOR agrees to provide complete
adjustment services on each accident or incident which is or maybe subject to a liability
or property recovery claim. Such services shall include, but not be limited to:
1.5.1. The maintenance of a claim file on each potential or actual claim
reported to CONTRACTOR.
1.5.2. Whenever CONTRACTOR'S investigation results in a determination
that CITY has sustained liability to a third party, CONTRACTOR shall process any such claim
or potential claim for settlement in accordance with instructions and policies of CITY for
settlement of such claims.
1.5.3. Pursuant to the excess reporting requirements, notification to ACCEL
insurance pool of all claims which may exceed the CITY'S self-insurance retention in
accordance with the ACCEL pool's reporting requirements and maintain a timely liaison
between ACCEL and the CITY of matters affecting the adjustment of such claims. Maintain
records on any such claim and notify CITY when CITY is entitled to reimbursement for loss
in excess of retention.
1.5.4. Obtain all release agreements upon settlement of any claim or
potential claim.
1.6 ADMINISTRATIVE SERVICES. CONTRACTOR agrees to provide the following
administrative services:
1.6.1. Preparation and maintenance of current operating procedures for
reporting claims to CONTRACTOR, and the proper procedures for completing accident
forms.
INDEPENDENT CONTRACTOR'S AGREEMENT
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1.6.2. Assignment of a Dedicated Adjuster to CITY'S account to provide
liaison between CITY and CONTRACTOR.
1.6.3. Provide the Office of City Attorney and/or Risk Manager with
requested information to allow CITY to establish and update its loss data on claims handled
by CONTRACTOR.
1.6.4. Periodic review and recommendations for adjustment of reserves
on all claims.
1.6.5. Assist CITY in selection of special defense attorneys, if requested.
1.7 LEGAL SUPPORT SERVICES. CONTRACTOR agrees to provide the following legal
support services on each claim in which a third party claimant has commenced litigation:
1.7.1. Upon notification by CITY that litigation has been filed on an open
claim, meet with the City's legal representative(s) assigned to handle the case by the CITY
and provide the City's legal representative(s) with all information and files concerning the
claim.
1.7.2. Maintain liaison with the City's legal representative(s) and provide
such investigative services as are required during pre-trial and trial stages.
1.7.3. Assist City's legal representative(s) in answering any interrogatories
filed by third parties pursuant to any litigation filed on an open claim.
1.7.4. Supervision of legal cases, on an "as needed" basis, and as
directed by City Attorney's office. Review of legal costs, general exposure, settlement
possibilities and all matters pertaining to the ultimate disposition of cases in suit.
1.7.5. Assist the Division of Risk Management in Small Claims actions filed
against the CITY, on claims handled by CONTRACTOR, by advising the City Attorney's
office of the names of any witnesses to be subpoenaed, necessary evidence, and
appearance at the trial to assist the case, appear as a witness, if necessary, and appear
on behalf of the CITY when requested.
1.7.6. Assist CITY in development of a case liability analysis, if requested.
1.8. CONTRACTOR'S services shall include all the procedures necessary to
properly complete the task CONTRACTOR has been hired to perform, whether specifically
included in the scope of work or not.
2. COMPENSATION. CITY will pay CONTRACTOR within 30 days after
CONTRACTOR submits an itemized invoice to CITY in accordance with the rates identified
in Exhibit A attached hereto and incorporated by reference herein. Compensation for all
work, services and products called for under this Agreement shall not exceed a total sum
of ONE MILLION EIGHT HUNDRED THOUSAND DOLLARS $1,800,000. The compensation set
forth in shall be the total compensation under this Agreement including, but not limited to,
all out-of-pocket costs and taxes. CITY shall pay only the compensation listed unless
otherwise agreed to in writing by the parties.
3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered
after receipt of an itemized invoice for the work completed and approved by CITY in
INDEPENDENT CONTRACTOR'S AGREEMENT
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accordance with the terms of this Agreement. Payment by CITY to CONTRACTOR shall be
made within thirty (30) days after receipt and approval by CITY of CONTRACTOR's itemized
invoice.
4. TERM. Unless terminated sooner as set forth herein, this Agreement shall
continue for a period of five (5) years and three (3) months commencing April 1, 2022.
5. TERMINATION. Either party may terminate the Agreement, without cause,
upon ninety (90) days written notice. Written notice shall be given pursuant to the
"Notices" paragraph of this Agreement. In the event of early termination, CONTRACTOR
shall be compensated only for work satisfactorily completed up to the date of termination
and delivered to and accepted by CITY. Upon termination, CONTRACTOR shall deliver all
materials described in Section 1.2 of the Agreement to the CITY. Upon termination, the
CITY shall have the option of allowing the open items to be handled by CONTRACTOR to
conclusion for time and expense based upon the existing rate at the time of termination,
or, CITY may have all claims returned to the CITY or to the succeeding administrator.
6. KEY PERSONNEL. At request of CITY, CONTRACTOR shall name all key
personnel to be assigned to the work set forth herein. CONTRACTOR shall provide
background for each of the key personnel including, without limitation, resumes and work
experience in the type of work called for herein. CITY reserves the right to designate the
dedicated adjustor for the term of the agreement. Once the key personnel are approved,
CONTRACTOR shall not change such personnel without the written approval of CITY.
7. INCLUDED DOCUMENTS. Any bid documents, including, without limitation,
special provisions and standard specifications and any Request for Proposals, Request for
Qualifications and responses thereto relating to this Agreement are incorporated by
reference as though fully set forth.
8. STARTING WORK. CONTRACTOR shall not begin work until authorized to do
so in writing by CITY. No work will be authorized until the contract has been fully executed
by CONTRACTOR and CITY.
9. TITLE TO DOCUMENTS. All documents, plans and drawings, maps,
photographs and other papers, or copies thereof prepared by CONTRACTOR pursuant to
the terms of this Agreement shall, upon preparation, become the property of CITY.
10. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect
or obtain at all times during the term of this Agreement any licenses, permits and approvals
which are legally required for CONTRACTOR to practice its profession.
11. CONFIDENTIALITY. During the term of this Agreement, CONTRACTOR will be
dealing with information of a legal and confidential nature, and such information could
severely damage CITY if disclosed to outside parties. CONTRACTOR will not disclose to any
person, directly or indirectly, either during the term of this Agreement or at any time
thereafter, any such information or use such information other than as necessary in the
course of this Agreement. All documents CONTRACTOR prepares and confidential
information given to CONTRACTOR under this Agreement are the exclusive property of the
CITY. Under no circumstances shall any such information or documents be removed from
the CITY without the CITY's prior written consent. To the extent there is privileged
information shared between agencies, which is subject to protection under the HIPAA/PHI
Act, CONTRACTOR shall implement all necessary measures in compliance with the Act.
INDEPENDENT CONTRACTOR'S AGREEMENT
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CITY shall obtain any necessary consent in the collection of any CITY data that is
transmitted to a third party (i.e. actuary or auditor). CITY shall provide CONTRACTOR with
reasonable assurances that it has the necessary consent to transmit CITY data to a third
party. CITY acknowledges that the claims data may contain confidential and/or
protected health information.
12. NEWS RELEASES/INTERVIEWS. All news releases, media interviews, testimony
at hearings and public comments relating to this Agreement by CONTRACTOR shall be
prohibited unless authorized by CITY.
13. NO WAIVER OF DEFAULT. The failure of any party to enforce against another
party any provision of this Agreement shall not constitute a waiver of that party's right to
enforce such a provision at a later time, and shall not serve to vary the terms of this
Agreement.
14. GOVERNING LAW. The laws of the State of California will govern the validity
of this Agreement, its interpretation and performance. Any litigation arising in any way
from this Agreement shall be brought in Kern County, California.
15. FURTHER ASSURANCES. Each party shall execute and deliver such papers,
documents and instruments, and perform such acts as are necessary or appropriate, to
implement the terms of this Agreement and the intent of the parties to this Agreement.
16. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to
this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in
a bid proposal, be subject to the requirements of Section 4104 of the Public Contract
Code, or engage in the performance of any contract for public work, as defined in this
chapter, unless currently registered and qualified to perform public work pursuant to
Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered
contractor to submit a bid that is authorized by Section 7029.1 of the Business and
Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided
the contractor is registered to perform public work pursuant to Section 1725.5 at the time
the contract is awarded. The prime contractor is required to post job site notices in
compliance with Title 8 California Code of Regulations Section 16451. This project is subject
to compliance monitoring and enforcement by the Department of Industrial Relations.
17. NOTICES. All notices relative to this Agreement shall be given in writing and
shall be personally served or sent by certified or registered mail and be effective upon
depositing in the United States mail. The parties shall be addressed as follows, or at any
other address designated by notice:
CITY: CITY OF BAKERSFIELD
Risk Management
1600 Truxtun Avenue
Bakersfield, California 93301
CONTRACTOR: John Chaquica
Chief Executive Officer
George Hills Company, Inc.
P.O. Box 278
Rancho Cordova, CA 95741
INDEPENDENT CONTRACTOR'S AGREEMENT
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18. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties,
liabilities, obligations or responsibilities arising out of, concerning or related in any way to
this Agreement (including, but not limited to, accounts, actions, causes of action, claims,
damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature
whatsoever, for compensatory or exemplary and punitive damages, or declaratory,
equitable or injunctive relief, whether based on contract, equity, tort or other theories of
recovery provided for by the common or statutory law) may be assigned or transferred by
any party. Any such assignment is prohibited, and shall be unenforceable and otherwise
null and void without the need for further action by the non -assigning party or parties.
19. BINDING EFFECT. The rights and obligations of this Agreement shall inure to
the benefit of, and be binding upon, the parties to the contract and their heirs,
administrators, executors, personal representatives, successors and assigns, and whenever
the context so requires, the masculine gender includes the feminine and neuter, and the
singular number includes the plural. This Agreement may be executed in any number of
counterparts, each of which shall be considered as an original and be effective as such.
20. EXHIBITS. In the event of a conflict between the terms, conditions or
specifications set forth in this Agreement and those in exhibits attached hereto, the terms,
conditions or specifications set forth in this Agreement shall prevail. All exhibits to which
reference is made in this Agreement are deemed incorporated in this Agreement, whether
or not actually attached.
21. MERGER AND MODIFICATION. This contract sets forth the entire Agreement
between the parties and supersedes all other oral or written representations. This contract
may be modified only in a writing approved by the City Council and signed by all the
parties.
22. CONFLICTS OF INTEREST. CONTRACTOR stipulates that corporately, or
individually, the firm, its employees and subcontractors have no financial interest in either
the success or failure of any project which is dependent upon the result of the work
prepared pursuant to this Agreement.
23. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf
of entities represents and warrants that they are, respectively, duly authorized to sign on
behalf of the entities and to bind the entities fully to each and all of the obligations set
forth in this Agreement.
24. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole
cost, comply with all of the requirements of Municipal, State and Federal authorities now
in force, or which may hereafter be in force, pertaining to this Agreement, and shall
faithfully observe in all activities relating to or growing out of this Agreement all Municipal
ordinances and State and Federal statutes, rules or regulations and permitting
requirements now in force or which may hereafter be in force including, without limitation,
obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter
5.02) where required.
25. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of
the service of CONTRACTOR as an independent contractor. CONTRACTOR is not an agent
or employee of CITY for any purpose and is not entitled to any of the benefits provided by
INDEPENDENT CONTRACTOR's AGREEMENT
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CITY to its employees. This Agreement shall not be construed as forming a partnership or
any other association with CONTRACTOR other than that of an independent contractor.
26. DIRECTION. CONTRACTOR retains the right to control or direct the manner
in which the services described herein are performed.
27. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and
supplies necessary to perform the services under this Agreement.
28. INSURANCE. In addition to any other insurance or bond required under this
Agreement, the CONTRACTOR shall procure and maintain for the duration of this
Agreement the following types and limits of insurance ("basic insurance requirements"
herein):
28.1 Professional liability insurance, providing coverage on claims made
basis for errors and omissions with limits of not less than One Million Dollars ($1,000,000)
aggregate, and
28.2 Automobile liability insurance, providing coverage on an
occurrence basis for bodily injury, including death, of one or more persons, property
damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per
occurrence; and the policy shall:
28.2.1 Provide coverage for owned, non -owned and hired
autos.
28.3 Broad form commercial general liability insurance, unless otherwise
approved by the CITY's Risk Manager, providing coverage on an occurrence basis for
bodily injury, including death, of one or more persons, property damage and personal
injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the
policy shall:
28.3.1 Provide contractual liability coverage for the terms of this
Agreement.
28.3.2 Contain an additional insured endorsement in favor of the
CITY, its mayor, council, officers, agents, employees, and
volunteers.
28.3.3 All policies shall be written on a first -dollar coverage basis,
or contain a deductible provision. Subject to advance
approval by the CITY, CONTRACTOR may utilize a Self -
Insured Retention provided that the policy shall not contain
language, whether added by endorsement or contained
in the Policy Conditions, that prohibits satisfaction of any
Self -Insured provision or requirement by anyone other than
the Named Insured, or by any means including other
insurance or which is intended to defeat the intent or
protection of an Additional Insured.
28.4 Workers' compensation insurance with statutory limits and
employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per
INDEPENDENT CONTRACTOR's AGREEMENT
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occurrence; and the policy shall contain a waiver of subrogation in favor of the CITY, its
mayor, council, officers, agents, employees and volunteers.
28.5 Except for professional liability, all policies required of the
CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents,
employees or designated volunteers, and any insurance or self-insurance maintained by
the CITY, its mayor, council, officers, agents, employees and designated volunteers shall
be excess of the CONTRACTOR's insurance and shall not contribute with it.
28.6 Except for workers' compensation, insurance is to be placed with
insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than
A-:VII. Any deductibles, self-insurance retentions or insurance in lesser amounts, or lack of
certain types of insurance otherwise required by this Agreement, or insurance rated below
Best's A-:VII must be declared prior to execution of this Agreement and approved by the
CITY in writing.
28.7 Unless otherwise approved by CITY's Risk Manager, all policies shall
contain an endorsement providing the CITY with thirty (30) days written notice of
cancellation or material change in policy language or terms. All policies shall provide that
there shall be continuing liability thereon, notwithstanding any recovery on any policy.
Copies of policies shall be delivered to CITY on demand.
28.8 The insurance required hereunder shall be maintained until all work
required to be performed by this Agreement is satisfactorily completed as evidenced by
written acceptance by the CITY.
28.9 The CONTRACTOR shall furnish the CITY's Risk Manager with a
certificate of insurance and required endorsements evidencing the insurance required.
The CITY may withdraw its offer of contract or cancel this contract if certificates of
insurance and endorsements required have not been provided prior to the execution of
this Agreement.
28.10 Full compensation for all premiums which the CONTRACTOR is
required to pay on all the insurance described herein shall be considered as included in
the prices paid for the various items of work to be performed under this Agreement, and
no additional allowance will be made therefor or for additional premiums which may be
required by extensions of the policies of insurance.
28.11 It is further understood and agreed by the CONTRACTOR that its
liability to the CITY shall not in any way be limited to or affected by the amount of insurance
obtained and carried by the CONTRACTOR in connection with this Agreement.
28.12 Unless otherwise approved by the CITY, if any part of the work under
this Agreement is subcontracted, the "basic insurance requirements" set forth above shall
be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser
insurance requirements for CONTRACTOR.
29. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely
notify CONTRACTOR of third party claims relating to this contract. CITY shall be allowed to
recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of
notification.
INDEPENDENT CONTRACTOR's AGREEMENT
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30. HOLD HARMLESS. CITY and CONTRACTOR shall hold harmless each other,
its officers, agents and employees against any and all liability, claims, actions, causes of
action or demands whatsoever against them, or any of them, before administrative or
judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by the
other Party, their employees, agents, independent contractors, companies or
subcontractors in the performance of, or in any way arising from, the terms and provisions
of this Agreement whether or not caused in part by a party held harmless hereunder,
except for sole active negligence or willful misconduct of the other Party.
30.1 If the provisions of Civil Code Section 2782.8 are applicable to this
Agreement, the CONTRACTOR shall indemnify, defend and hold harmless CITY, its officers,
agents and employees against any and all liability, claims, actions, causes of action or
demands, against them, or any of them, before administrative or judicial tribunals of any
kind whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness,
or willful misconduct of CONTRACTOR.
31. EXECUTION. This Agreement is effective upon execution. It is the product
of negotiation and all parties are equally responsible for authorship of this Agreement.
Section 1654 of the California Civil Code shall not apply to the interpretation of this
Agreement.
32. CONTRACT ADMINISTRATOR. The Contract Administrator for the CITY is:
Jena Covey
Risk Manager
CITY OF BAKERSFIELD
1600 Truxtun Avenue
Bakersfield, California 93301
Telephone (661) 326-3738
CONTRACTOR's Project Manager shall be:
John E. Chaquica
Chief Executive Officer
George Hills Company, Inc.
P.O. Box 278
Rancho Cordova, CA 95670
Telephone (916) 859-4800
32.1 The Contract Administrator and the Project Manager shall be the
primary contact persons for CITY and CONTRACTOR. It is expressly understood that only
the City Council may approve modifications to the contract, which modifications must be
in writing.
33. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate
accounting records and other written documentation pertaining to all costs incurred in
performance of this Agreement. Such records and documentation shall be kept at
CONTRACTOR's office during the term of this Agreement, and for a period of three years
from the date of the final payment hereunder, and said records shall be made available
to CITY representatives upon request at any time during regular business hours.
INDEPENDENT CONTRACTOR'S AGREEMENT
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34. TAX NUMBERS.
CONTRACTOR's Federal Tax ID Number 94-2546177
CONTRACTOR is a corporation? Yes X No
(please check one)
35. NON -INTEREST. No officer or employee of CITY shall hold any interest in this
Agreement (California Government Code section 1090).
36. RESOURCE ALLOCATION. All obligations of CITY under the terms of this
Agreement are subject to the appropriation and allocation of resources by the City
Council.
[Signatures on Following Page]
INDEPENDENT CONTRACTOR'S AGREEMENT
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first above written.
"CITY"
CITY OF BAKERSFIELD
By:
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
VIRGINIA GENNARO
City Attorney
Insurance:
APPROVED AS TO CONTENT:
CITY MANAGER
DocuSigned by:
By. (,I�,VIShW&
CHRISTIAN CLEGG
City Manager
COUNTERSIGNED:
By:
RANDY MCKEEGAN
Finance Director
"CONTRACTOR"
GEORGE HILLS COMPANY, INC.
DocuSigned by:
,�al�,l t ( ca
By:
J HN E. CHAQUICA
Chief Executive Officer
Attachments: Exhibit A: Compensation
Exhibit B: George Hills Company, Inc. Proposal
INDEPENDENT CONTRACTOR'S AGREEMENT
Page 1 1 of 1 1
Exhibit A
Liability Claims Adjustment Services Fees:
George Hills (GH) pricing based on annual estimated claim volume of 277 new claims per
year. Should the claim volume change more than 10% in severity or frequency, GH and
the City will meet to discuss modification.
Annual Fees
Annual Admin
Fee
CMS Annual
Fee
Total
Year 1
$250,000.00
$6,500.00
$250.00
$264,400*
Year 2
$257,500.00
$6,500.00
$250.00
$264,250
Year 3
$265,225.00
$6,500.00
$250.00
$271,975
Year 4
$273,181.75
$6,500.00
$250.00
$279,932
Year 5
$281,377.20
$6,500.00
$250.00
$360,159**
Approximate
Total
$1,440, 716
* First Year includes a one-time administrative fee of $7,500, and one-time fee of $150 to
setup account for CMS reporting.
** Year 5 includes cost for additional 3 months, to the end of June 2027.
Property Damage Subrogation Services Fees:
City will pay a subrogation fee in the amount of 30% for each recovery obtained. The 30%
fee will be obtained by one of two methods.
• In the event of a successful recovery, GH proposes that the 30% fee be deducted
from the payment made by the at -fault party. Fees to GH are paid through the
recovered amount, where fees are recovered from an at -fault party, there is no
cap on the fees collected by GH.
• Where the 30% fee is not recovered from the at -fault party, the City shall pay GH
the 30% fee. Fees paid by the City on less than full recoveries, will be subject to a
cap of $60,000 per year with a 3% annual increase.
Year 1
Year 2
Year 3
Year 4
Year 5
Property Annual Cap
$60,000
$61,800
$63,600
$65,400
$67,200
Approximate Total
$318,000
Other Adjustments:
• GH does not handle subrogation claims with a value of less than $1,000.
• Generally, no recovery shall be agreed to involving payments plans if the recovery
is less than $5,000 and/or greater than a one-year term. Exceptions can be made
on a case -by -case basis. If recovery is agreed to exceed this amount and/or length
of time, subrogation fee shall be 45%.
• Authority for GH to appear in small claims court for recovery of funds will be
requested from City prior to filling documents with the court. Each appearance will
be an additional $200. All costs for handling of small claims court actions shall be
an additional cost to the City.
• GH reserves the right to cease working on any claim for which information has not
been made available to GH within 120 days after GH has submitted the information
request to the City, at such time the claim will be closed.
Exhibit B
C,,) t-j r rri ir� c/,s o ve r yo iJ, r rn o' t/ e rs
ff�ll
2 � Clity of BakersfiOd
GEORGE HI IL S
December 6, 2021
City of Bakersfield
Attention: Jena Covey, Risk Manager
1600 Truxtun Avenue, 5th Floor
B a kersfie lid, CA 9 3 301
Dear Ms. Covey:
As Chief Executive Officer of George Hills, I thank you for the opportunity to submit a proposal for the
Claims Administration and Subrogation Recovery Services for the City. We believe that our firm:
• Most closely demonstrates compatibflity, with the City's goals and objectives
• Will exceed the City's claims adm,iiniistration service needs
• Has significant similar experience and references incliuding, a local adjuster
• Offers competitive pricing options
As, you will, see in ouir "Key Benefits of George Hills", we demonstrate how we set ourselves apart from our
competition. While you are reviewing our response, ask yourself —when was the last time your TPA
updated on innovative changes or training of staff? At George 11jills, our Value of Continuous lmpirovement
is always evident.
Our excellent claims handling and success is always with a focus on: the protection of your assets. We have
been in business for 67 years, and throughout that time we have developed a best -in -class reputation for
being hi,g,hly, responsive, proactive, effective communicators, and driven to achieve the best possible
claims outcome,
in an industry facing compVexjties and uncertainty on a routine basis, we promise to be a creative problern..
solver. With ever -changing, laws and regulations, the City will benefit from a TPA like George ldflls—a
company with an innovative approach to cilairns management while staying current and providing
comprehensive and tailored services.
George Hills, takes extreme care when, it comes to our hiring practices, finding only the best and most
qualified individuals from OUr supervisors, to our claims adjusters, to our administrative staff, in addition to
our highly qualified personnel, our claims management system, ClaimsXPress (CXP), will provide the City
with accurate reports available 24 hours a day, seven days a week. As your partner in claims management,
we MH customize the Inandling, of your claims to rneet your needs.
Our commitment to superior customer service and expert performance is driven by our core values of
cl�,Morncr corvhnuOus
and My commitment to YOU is that you will see and feel the difference.
Respectfully submitted,
John E. Chaquica, CPA, MBA, ARM
Chief Executive Officer, George Hilils, Company
Company Contacts: John Chaq,uica, Owner & CEO & Chris Shaffer, VP Claims Administration
Office: (916) 859-4824 & (916) 859-4826
Email: nris.shaf r g,��,qrF fe "n
a _ j ... ._____.._.@ & cir
......... 5
Benefits of George
Claims Mairis ge,ment Personnel,..., ........ ........
......... .... .� - -- 7'
References.
........... 11
Professional ... ......
Claims Handling Philosophy- ....... -- ...... ........
...... —13
Firm! Experience in Municipal Claims, Management. ... ...................................1
Crplorate History + Financial Statement-- .....
....... 30
.....32
Fee Schedule.. -- .....
Services....
...... ........ -40
Contractfor — --- ......
4 u City of Bakersfield
GEORGE H I L 5
Our r-ninf,,,"'Js over rnatters.
1
1 '41
enefits, of George Hills
5 � City of Bakersfield
GEORGE H NILS
'Geproe KIDS,
.... .........
A clairns team with combined 3iO years' direct
cli experience with the City of Bakersfi&W
through priori employers and the City's excess:
pool, ACCEL. A lead adjuster who resides in
Bakersfield,
A boutique organilzation 6V design, we provide
customized services to meet your need's, not
have you f It I nito our system.
Georg�e, Hills has oiine owner, who is involved,
availabit, aA4_c,,?,rAmitted-t*1 meeting regularly.
PUbfic ent�itiles a:re our one and only focus,
George MIN has nearly 20iO California public
no I tities inc I u ding over h alf a: do zen JPAs.
George Hills developecl our own
comprehensive and effective training program,
George Hills Claims University (GHICU)l,
..... . ....
George HiRs' use of Clailm:s Xpr,ess (CXP), and
our Trademarked iMetrics reports,, give our
clients unique access to the claimis process at
everV stage and allow clients to run customized
reports.
George Hills, has developledi a client facing
portal, which provideis dashboards and secure
online areas fair file sharing and collailboratiom
George Hills has two in; -house attorneys, that
serve as our Litigation Managers, as well as
asslist clients and! adjusting staff by apiplying
their extensive pubfic enti�ty experience.
We are not aware, of any other TPA that has the depth
of direct claims experience with the City, of Bakersfield
or a local presence.
. . . . ...... . . ....
Several TPA firms, are large companies that may not
have the time and focus on providing customized
services to meet the needs of the City, Our Public
Entity Management team is comprised of leaders in
the inclustry.
Many other TPA firms provide services to a variety, of
private and pubhc entities therefore don't specialize in
the specific needs that cities require.
George Mills is the first and only TPA to launch its own
learnling program. Managed through a Learning
Management System, GHCU provides continuous
matriculation for our ernplloyees and will soon be,
open to any clients as well as the general public.
Although some TPAs have their own clairns system,
CXP provides enhanced, customizable system
reporting that is specific to Public Entities and
u npara1lei to other firms' capabilities.
We are one of the few TPAs that offer a resourceful,
we�b-based portal that our clients can customize to fit
their risk management and reporting needs.
Although a couple of larger TPAs, may have legal�resources, our in-house attorneys are readily
accessible and are routinely utilized by our claims
adjusters and are available to our clients.
fl 6 1 City of Bakersfield
GEORGE HRIS
e •�
0
lv,,olur motters,
"r IT 7 � City of Bakersfield
G'EORG, E H! ALLS
ZMESEEM
John Chaquica Executive Contact Contract liaison for the City's total
32 satlsfaction of George Hills' services, and steward of
George Hills'values throughout the engagement.
Chris Shaffer Manages supervisors and provides executive
VP of Ocrims 27 oversight of all claws m:s related activities for the City, as
needed.
Tom Leer Oversees client relationships, point of contact for the
Assistant VP of Oicilrns 36 Ci ty,
Adrninistraflon
Randy Lingenfetter 30 Supervises claims ac4usters and claims process and
supelleisof ensures quality control,
Laura Harmon 34 Lead adjuster and primary point of contact for all
Senior Cloirris Aid1t)ster claims -related matters for the for the City.
Handles claims for the City and provides back-up to
Dan Lamb
45' Senior Claims Adjuster as needed, once approved by
Back-up OcArins AcUuster
all parties,
Supervises subrogation specialist an oversees the
Tommy Huini
26 subrogation process and ensures quality control.
Subrogation SUPeIVISiDir
Primary point of contact for the design and overall;
operation of the recovery program.
Identify, analyze, and evaluate subrogation potenbal
Edie Yomannuto
20 and then, coordinates the recovery of claims payments
Slubirogaflon Specioi.lst
on, behalf of the City.
Responsible for suipport for the liability claims team,
Enters all new claims into the CXP systern and general
Oahns Flyocf?SSOM
10
claims processing. Instrumental in our quality
assurance reporting.
I
Laura Harmon 150
S,r. Claims Adjuster
Dan Lamb too
Back -Up Clairns Adjuster
8 j City of Bakersfield
GEORGE HILLS
John Chaquica, CEO/Owneir, Mr. Chaquica
has over 32 years, of management experience and
JPA leadership. He is known for his exceptional
public -sector knowledge, and his ability to put
together efficient and productive cross -functional
teams. Beforejoining George Hills, Mir, Chaquica was
the CEO of Bickmore, a leading US -based risk
management company servicing both the public and
private sector, At Bickmore, he led the strategic plan
of the firm and was accountable for 100+ employees
and five office locations. in addition to, his role as,
CEO, Mr, Chaquica served as Executive Director for
several California public entity self-insurance pools
and as a strategic advisor to several other entities.
Before joining Bickmore, Mir. Chaquica was Partner
in Gilbert Accountancy Corporation, specializing in
small and medium-sized private business, non-profit
organizations and governmental agencies. At GiUbert
Accountancy Corporation Mr. Chaquica, served as
Audit Partner andl was Industry Team header on
public entity self -insured groups. Mr. Chaqu,ica is a
CPA, MBA, ARM, CGMA, and a licensed independent
Insurance AdJuster and Property/Casualty Agent,
Chris Shaffer, Vice President of Claims'. Mr.
Shaffer has an exceptional, 27-year record of
achievement in the management of corporate
client, risk management, business systems, and
information systems operations. He has proven his,
ability to improve business performance, increase
capabilities and efficiency, reduce costs, minimize
risk, and streamline workflow by implementing
technology and process enhancement solutions. Mr.
Shaffer has special expertise in automating manual
procedures, selecting ands deploying enterprise -level
applications, and implementing technologies to
keep place with industry and business needs. Mr.
Shaffer excels at building and leading, top-
HILLS
9 1 City of IBakerg fiieW
performing, tearns. His outstanding project
management and decision -making skills make hirer
an asset to George Hills and our partners.
Tom Baber, Assist. Vice President of Claims:
Mr. Baber has over 35+ years' experience in the
insurance claims and risk management industry
primarily serving self -'insured, public arid private
clients. Through a p6or employer, Tom has 15 years'
experience providing management oversight of the
liability claims administration services for the City of
Bakersfield. He has extensive expertise in, managing
large exposure/complex claims for both stand-alone
and JPA pool clients. He is committed to, providing
his clients with innovative, high -quality clairns
administration services that add value and help drive
down the total cost of their programs. Mr. Baiber
provides Re,adership, depth, and experience to our
growing business in Southern California,
Randy Lin genfant er, laimis Supervisoc Mr.
Lingenfelter has over 30, years of experience in self -
insured pool claiiims. He earned his H.S. in Business
Administration from Fresno State University. He
supervises liability claims adjusters on accounts in
accordance with George Hil'ils' best practices. He
recently was a claims Liability Supervisor for another
TPA supervising California public entity adjusters.
Additionally, Randy previously was a Seniiior Claims
Specialist at PRISM managing, excess public entities
exposures such as dangerous condition of public
property, employment liability as well as, Federal and
State Civil Rights cases. He has in depth knowledge
and experience un public entity exposures
throughout California.
Laura Harmon, Senior Claims Adjuster: Ms.
Harmon has 34 yeairs of experience in liability claims
adjusting. Since 2007, she has been the primary
liability claims adjuster for the City of Bakersfield.
Her public entity claims experience includes an
emphasis in officer involved shootings,, in, custody
deaths, litigated civil rights violation cases both at
the, State and Federal Court level. She is responsible
for field investigation, coverage analysis and settling
of liability and property Bosses for public entities.
Ms. Harr"non works closely with the City Attorney's
office and defense counsel to control legal expenses
with a litigation plan for cost effective results. She is
able to carry and maintain a large case load in the
diary based claims system. Laura resides in
Bakersfield, and will be available to perform field
investigations, after-hours response to critical
incidents and in pet -son meetings with City staff.
Dan Lamb, Back -Up CIlainns Adjuster: Dan
Lamb has 45 years of claims administration and
litigation management experience including 34
years of clairns adjusting for public entities. He
began his career with: commercial insurance carriers
then transitioned to working, with other third party
administration firms adjusting claims for public
entities. Notable entities include Sacramento
County, Solano County, Tuolumne County, Ca:[a:veras
County, City of Vacaville, SCORE, NCCSIF, CaITIP,
Schools Insurance Authority, and Los Rios
Community College District.
Tammy Hunt, Subrogation Supervisor. Ms,.
HUnt has 26 years of industry experience and has
been with George Hills for eight years. She oversees
George Hills' Subrogation Recovery Unit as the
.Subrogation Supervisor. She came to George Hills,
from the City of Stockton where she worked on
criminal and civil litigation cases in the, City
Attorney's office for 11 years. She then transferred
to the City of Stockton's Risk Management Unit as a
Recovery Analyst, Her work at the City of Stockton
included the handling of the city's subrogation
cases —a Ilittle more than 1,000 cases at any given
time. She also maintained property, general liability,
aLAO, crime, council bonds, notary public:,, and
numerous other insurance programs for the City.
She is highly knowledgeable in public claims
administration and litigation management
processes and procedures.
Ed'ie Yamaimu:ra, Subrogation, Specialist: Ms.
Yamamura has over 20 years of experience as a
senior claims adjuster and subrogation specialist.
She hias a remarkable smiall cliaims court win ratio
and investigation is her forte. She enjoys site visits
and working directly with the clients, as welI as
preparing client employees for testimony and in
-
person witness statements.
GEOR(3E H I 1L 1.5
10 1 City of Bakersfi&ld
i-j r rT � a Itte r's
0II "Aw,
11 � City of Bakersfield
GEORGE HILLS
I
R i II E R E 114 C, IEl 5
George Hills provides similar services to those requested by the City to the following comparable
public entities.
City of Oxnard Mike Moire, Risk Manager
City of Torrance Jasion Nishlyarna. Finance Manager jnishiyarna@torranceca.gov (3110) 781-7531,
City of Culver City Lisa Vidra, Sr. IDeputy City Attorney lisa.vidra(a)cuilvercityoirg (310) 253-5660
County of
Nghtp@saccounty.nel
$2,325.36109
Sacramento
Paul Hight, Risk Manager
(91116) 876-5019
since 2013
Natholie Aclourian, Risk
nodoLirian@cityotc range.org
$619,18937
City of Orange
Manager/Assistant City Attorney
(714), 28a-2540
since 2020
Michael Bailey, Subrogafion
rnbailey(gooklandca.gov
$1,9901,857,07
City of Oakland
Manager
(510) 986-2898
since 2017
Rhonda Rivera, Assistant City
rriveral@citrusheights.nei
$363,595,56
City of Citrus Heights
manager
(916) 727-4712
since 2013,,
12 1 City of Bakersfield
GEORGE HIIIIS
13 1 City of BakeirsfiOd
GEORGE MLLS
Best Practices Olairnis Approach
George Hiilils' best practices approach to claims management centers around early communication and:
transparency of information. Early communication with claimants leads to a faster claim resolution, and our
transparency of information gives the City insight to the claims process from inception to close.
George Hills' Best Practices GeneralLiabifity Ooims Hondfing Mon uol and Best Practices Gene, ralLiobifityLitigotion
Monual.—both of which all George Hills claims processors, adjusters, and supervisors must follow in accordanice
with the specific rules,, regulations, and requirements of an individual clientfUlly support the scope of work,
procedures, processes, and requests of the City. George Hills' stated mission is always "to provide the highest leveN
of quality, customer -focused claims service,," We accompliish this by assigning teams of experienced individuals,
who have managed similar accounts for many years.
We, will make our Best Practices manual available to the City for review.
Communication
Gie,orge Hills values steady, quality communication with our clients, We will maintain top-notch communication
with the City through various methods such as monthly financial reports and loss runs, status reports, captioned
reports, reserve and settlement authorizations,, regular claim reviews, and returning phone calls and ernail
inquiries in a timel!y manner.
Phone calls and e-mails receive a response within 24 hours. All other written communication receives a response
withiin three business days.
We willl meet quarterly to discuss the status Of all open litigated claims and develop a plan, to evaluate Via,bility
effectively, including costs for defense. Loss run reports are provided no later than the fifth business day of each
month. Reports will, be maide available upon request. Every month the City will receive a report of all open,
reopened, and closed claims, Status reports will include a synopsis of the loss, status of the loss, proposed action
plan, and current financW totals.
George Hills MI maintain a general f G Ve of all, of the City's documents including, but not firn i,ted to, correspondence,
reports, insurance policies (arid Memorandums of Coverage), notices, agendas, minutes, and all governing
documents. We will also maintain a general claims file to track all activity and time to meet the non claims specific
requirements.
George Hulls' processes, procedures, and, methodologies center around adjuster accuracy and customer
satisfaction. Quality control comes at the technological (automated) level and ait the human (adjuster/supervisor)
lev6 by George Hills' supervisors.
CLANS, HWCDLH',K; PROCESS
Timieliinie of the Claillims, Handling Process
The following takes place from receipt of a new claim:
Wifliiiin 24 iiours,
0 Clairns data entered into CXP
14 1 Ciity of Bakersfield
GE GE KILLS
- — - - --------
• Acknowledgment of new assignment sent to the City
• Claimant is called, ema,iled, air both to acknowledge and inform, who the adjuster is
W H, h i In D'
0 Two -point contact made with claimant (or attorney) and the City
W ii '1 h i ii"r 5 Doy's,
0 Reserves set
OIAWn 7 Days
Initiai claimis review
30 i)I:IYS
Liability determination
0 Excess carriers notified
monthT'Y�
• Monitor closing ratios
• Statistical report (all claims activity) provided to, the City
• Payment register provided to the City
• Plian of action updated
• Watch list claims, meetings
• Case reviews (90 days, if waiting for activity by others, 180 days if waiting an expiration of a statute of
limitations)
Reporting New Claims
Depending on the nature and urgency of and incident, new claims scan be reported to George Hills, in several
w ays.
• Routine, non -urgent tort claims can be sent via email through our dedicated intake portal which is,
monitored by our claims Support Learn to assure timely set up in the claims systerns within, one business
day.
• Moire urgent matters can be reported directly by phone through your designated adjuster, supervisor or
clairins processor.
• After-hours critical incident response - The City will be provided with the after-hours contact information
for your primary designated adjuster whio can ii respond to the scene of a critical incident within
one hour of contact.
ZMEMM
15 1 it of Bakersfield
GEORGE H I L L S
Within one business day receiving notification of a new claim, (usually the same day) the claims processor will take
the following steps:
• Enter the data into CXP, including assignment of the adjuster
• Attach any paperwork received with the claim to CXP
• Notify the assigned adjuster of the newly assigned claim
• These, actions trigger CXP to set an, automatic diary for the adjuster and their supervisor.
• Send an acknowledgment of new assignment to the City, with the cla,im number and assigned adjuster
• Make initial phone contact with the cIiaimant or their attorney, if so instructed, with the claim number
and contact information for the adjuster, with a follow up acknowledgment letter
Adjuster initial review and contats,
Upon notification of a new assignment, the adjuster will:
• Review the information in CXP for accuracy
• Review all attached documents and notes in the file
• Review the tort, claim for tirneIliness and sufficiency and take appropriate action, including
recommendations, for sending tort claims notices
• Set initial reserves
• Plan and initiate the investigation
• Make Initial contact with insured/client, clairnant and witnesses within one business day of receipt of their
information. If no contact is made with the claimant, two subsequent contact attempts via telephone' ill
be made within the first 48, hours after receiipt of the claim.
An investigation plan is developed for each claim to effectively and efficiently assess, the liability and damages
exposure. Applying their experience and expertise, the adjuster tailors the scope of investigation to the nature
and exposure of the claim. The investigation may include:
• Gathering all internal documents from the City, including reports, maintenance logs, photos, contracts,
easements, certificates of insurance, etc.
• Conducting a, scene inspection with photos and diagrams as warranted
• Interviewing City staff
• Obtaining official reports
• Interviewing and obtaining statements from the claimant and witnesses
• Obtaining damage estimates, invoices and/or damage appraisals
• Obtaining alli pertinent medical records
George Hills will identify and engage an interpreter /translator that is acceptable to the City. When possible, we
will use our one of our Spanish-speaking employees to assist with translation. Where warranted, we will seek
authority from the City to engage experts
16 1 City of Bakersfield
GEORGE 1111115
Risk Transfer and Indemnity Righits
In the course Of Our investigation, we actively seek to identify any and all risk transfer and indemnity/defense
rights owed to the City through contracts, agreements, additional insured status, easements, etc. With the City's
approval, we promptly and vigorously pursue tenders/cross complaIints on behalf of the City against all potentially
responsible parties and/or their insurance carriers.
Electronic File Management
CIldryi!s Nogress t4ofes -- A111 file activity is documented in the Notepad of the electronic clairn file as it
occurs. Dropidown boxes for notepad types allow the adjuster to be specific as to the type of activity (i.e.,
phone call, correspondence received or sent, claim filed). The subject line allows for further specific yet
brief information for an at -a -glance review in CXP. Notepads are important to document phone
coniversatio�ns or receipt of materials� they serve as a, chronological "outline" of what activity has taken
place.
r2,1aim Doc All claim clocuments are attached to the electronic claims files as they are
o,btainied. This includes text/pdf, spreadsheets, photos, audio and video files, in all electronic media
formats. Each document is annotated with a description and a corresponding Notepad entry.
Dics- Upon set up in CXP, a file review diary is, autornatically set for the adjuster. Our best practices,
ensure that each assigned case is revi'ewedl at least once every 30 days on active files, extended diaries
up to 90 days on those waiting activity by others, and up to 180 days or) those files iin, which the adjuster
is, awaiting the expiration of the statute of limitations. All diaries are maintained through CXP, All activity
duringthie diary review is documented:, in the Notepad. No claim is, re-diaried without indicating specifically
why no further action was taken,
George Hills' claims supervisor will maintain separate diaries and other audit controls necessary to review
and ensure timeliness in handling ais well as ensuring other claims standards and reporting requirements
are being met.
Plan of Acficm (POA) — The Plan of Action (POA) is a special Notepad document that provides the
current summary of the claim including current financials (payments and reserves), investigation findings,
assessment of the exposure, status of the litigation (if applicable) and the plan : for moving the claim to
resolution. 'The POA is reviewed and regularly updated at each diary review, or when there are, material
changes in the claim. The P,OA has proven to be an effective tool for managing the file and a valuable
resource for our clients, auditors ainid in conducting file reviews. The City will have online access to the
POA entries in the claim summary view.
Reserving of: Claims
The establishment of reserves is one of the most important tasks we perform for our clients as it impacts critical
areas such as funding levels and budgets, George HiHs' philosophy is to set reserves on a: "most probable outcome"
basis. Our best practice is to establish separate reserves for indemniity and expense; however, we will reserve
according to the City's policy, Adjusters are required to set initial file reserves for indemnity and expenses (legal
and adjusting,) within five days of assignment. Adjusters review claim reserves each time they touch the file, and
specifically on each diary date, Reserves take into conisideranon liability as to the City and comparative fault of the
claimant/plaintiff, type of injury, damages, prognosis, expenses (e.g,., medical and wage), and any anticipated
general damages. Litigated files iniclude, separate reserves for legal expenses based on a current litigation pllan and
budget,
17' 1 City of Bakersfield
GEORGE H ILI. 5
1, R(eserve A011C)VIty and A[,',)provcfls
Our best practices dictate that all reserve changes be entered as soon as the adjuster becomes aware of
the need for a change Reserve authority for George Hills claims staff is set and managed in CXP according
to their title. Approvals for reserve changes are escalated electronically to the supervisor and claims
leadership before they can be posted to the financials on, the churn. We are also careful to honor any
approvals or notifications our clients may require prior to posting reserve increases. The City will ireceive
monthly reports, which include reserves and/or reserve changes. CXP will send push notifications when
the reserve change meets the threshold that George Hills and City has established.
George Hills has extensive experience managing trust accounts for our clients from which all claim payments can
be processed andl issued, and captured in financials for the claim. We are also able to record any payments rnade
directly by our clients with the same level of detail. All payments through live checks or manual transactions
require sufficient approved reserves prior to processing. Additionally, we record all recoveries including payments
by excess carriers.
We will obtain the proper authority from the City and secure all supporting documents (releases, settlernent
agreements, dismissals, invoices, W9-forms, OFAC checks, etc.) prior to issuing or recodin,g any payments.
MZ= 1111111111111111! yJ11111111pil 111!111!!11111 ril I; 111!11! SMUEM
It is the responsibility of the adjuster to piromptliy report (within 30 days after receipt of notice of a reportable
claim) any case meeting the reporting requirements of the excess carrier or, as instructed by the client, The
adjuster will also provide status reports to the excess carrier/ pool (including reports from defense counsel) at the
required intervals.
George Hills will notify the Ciity's excess carrier in ainy number of situations according to the requirements of the
excess policy carrier's stipulations.
When reserves are set on any reportable claim or suit involving multiple claims or suits arising out of one
occurrence or any claims or reserves amounting to 50 percent or more of the retained limit.
Allegations under Title 42 USC 1983 cases in which a complaint has been served, and the plaintiff is
represented by legal counsel or with reserves of 25 percent or more of the retained lim,it.
Regardiless of the reserve, notification is typically sent for any claim involving the following:
o One or more fatalities
o Loss of a limib
o Loss of use of any sensory organ
o Quadriplegia or plaraplegia
o Third-degree burns, involving ten percent or more of the body
o Serious facial disfigurer-rient
c ParMysis
c Closed head Injuries
18 1 Cit�y of Bakersfield
Ed; RGE HUS
ACCEL
George Hills is very familiar with the reporting requiiremen,ts for the City's current excess pool, ACCEL, both
through the administration of claims for other ACCEL mem;bers, and as the designated claims, administrator for
the ACCEL pool itself. Any potential conflicts of interest that may arise involving the City and ACCEL Would be
disclosed immediately a:nd addressed to the satisfaction of the City. Claims for each entity would be handled by
a separate adjusting and management team, We would; also Utilize electronic separation of files as well.
George Hills clairns adjusters have extensive experience successfully representing our clients in Smaill Claims
courts,. When served with a notice of a, Small Clairns, hearing, the adjuster will work closely with the City staff and
legal counsel to prepare the case, for presentation at the hearing, including witnesses and supporting dOCUrnents,
i ir l i o t4 Art A N A Gi, E Ail, Ii I T F`l l i i0' ") 0 P H Y
-Phr&q*0U"Wt*
developed the expertiise to a,dapt, out, litigation management services to, fit a wide rang�e of litigation
management prograrn structures. This rainges from full litigation management responsibilitV, including
for
the client's in -,house defense team.
George HillIs' philosophy and guidelines for providing litigation management services afire focused on achieving the
best result for our client while aggressively ma:naging costs. This is driven by our' litigation best practices which
incllude:
• Securing the initial case analysis, litigation plan and litigation budget within 4E days of assignment to
defense Counsel. The adjuster reviews defense counsel bills in detaili to ensure they are reasonable and in
line with the litigation, budget.
• Training adjusters to perform a risk-w6ghted ar4ysjs early on in litigation to establish a target settlement
number before incurring extensive defense costs, pursuant to the City's risk protocolls.
• Our belief that adjusters shouild complete tasks rather than an attorney wherever possible.
Effective use of statutory settlernent offers such as' g''s when appropinate to possibly recover costs if a
rnore favorable judgement is olbta Ined,
When: a clairn becomes litigated, George Hlills' claims adjusters do not simply assign a file to defense counsel and
disappear but operate as true litigation managers. We believe it is the responsibility of our claims adjusters to
work closely with defense counsels until the case is resolved and the claim file is closed. A good early investigation,
coupled with an experienced litigation manager, helps, bring the case to earlier resolution. We strategize early and
often with the client ands defense counsel and monitor the case to be certain counsel stays on track.
Our full litigation management services include the following:
• Within, five days of the assignment by the City, contact will be made by the lead claims adjuster and with
any assigned defense counsel. An appiropriate plan of action will, be discussed, and initial, case analysis wiH
be reviewed to, determine what course of discovery and motion/defense strategy to implement,
19, a City, of Bakersfield
GEORGE HUS
a Within 60 days following assignment of a case, defense counsel will complete aind return a complete case
analysis to the City, the George Hills adjuster, and the claims, supervisor, The case analIys,is will include a
comprehensive evaluation of the case and formalize the defense strategy crafted by the team.
0 In addrtlon to the initial case analysis, counsel will provide an accurate estimate of defense costs, for all
litigated cases as set forth in the exhibits. Defense counsel) is expected to stay within the estimated case
budget throughout the litigation and to report on fees expended in relation to the budget as requested.
* After an initiail case analysis, defense counsel will provide mandatory written status reports at 60-day
intervals, setting forth all substantive developments. The defense attorney handling the claim will prepare
the status reports. Defense counsel will report only on new developments since the last report because it
is riot necessary to repeat case 'facts or Information previously reported. Status reports will be as
straightforward and as, objective as possible to allow the George Hills adjuster and claims superviisor to
meaningfully analyze the case and determine the course of action to be taken.
0 Additionally, George Hills monitors defense counsel to ensure that counsel stays true to the plan of action
and within the defense budget. This includes monitoring defense counsel procedures, mandiating, regular
reporting by defense counsel, and reviewing legal bills for appropriateness as, directed by the American
Bar Association standards or by the City's instructions to ensure the cilaIim is resolved in, the most cost-
efficient manner.
0 Furthermore, George Hills has developed specific guidelines that include creating and monitoring a watch
list of any claims that, because of allocated expenses, expense reserves, case reserves, or a combination
thereof, present a threat to pooled funds or have already reached pooled funds. Though the City may
wish to assign claims to their watch irst for the Litigation Manager, George Hills' watch list typically starts
at the primary level. If chosen to provide third -party administration set -vices, George Hills will continue to
follow these guidelines to create a watch list of claims that have the potential to exceed the City's SiRs
and monitor those claims until the case resolves,
Through our, efficient and thorough investigation, there is a two-poinit contact within one Business day of
receipt of each claim, we ensure the liability investigation is complIeted early, and, many claims are not pursued
when they are denied or rejected early on, with a reasoned explanation to the claimant., in these instances-
ldlul�illi Ld,,,ety, P. ss con Jh,,� ('asc,: Attorneys, are less likely tol take a case that has already been
denied.
i. t a b i s h i n g [) o �,,fcris e IF rw r [y By not establishing your defense position earlIy, a clIai mant is often more likely
to think they will get a settlement.
EaH,y c,'mThais action is essential, lest they forget the details
or have the opportunity to, revise the facts, to help their position.
CN'6rnzint,,,, PuirsiiAng iru,it.iry We verify if they have made similar claims in the past and/or
have prior injuries, that are unrelated to our maitter.
`ieoue If there is liability, and injuries are claimed, we secure complete
medical records to check for, pre-existing conditions.
Prcuactiivo purfbr,Jt 11"',if tend(,,rrsWe explore all tender possibilities based on the claimant's allegations
because allegations trigger coverage regardless, of liability,
20 � City of Bakersfield
GEORGE HILLS
(,:ieorge Mis is read,,,oi, (:,ind wiIII III in('3 to a�idjust ot,mpialictiliCes to fil"w qjedfic
ner,,,cis arid goals ofIli he City,
1`,',1 FIARP( RECOVERY SERVK'E'1'5,
The guiding principles of our subirogatioon and recovery services include,
• Early identification of all potential subrogation and recovery opportunities, for our client
• Prompt notification to all potential responsible parties of the client's intent to recover for its losses
• Capturing all direct and indirect costs and damages that are legally recoverable
• Using all available legal means and practices to achieve maximum and timely recovery for our clients,.
• Working closely with our clients to develop cost-effective internal procedures to streamline the
recovery process
• Regular communication with clients, to keep them informed of the status of all recovery efforts and
outcomes
• Timely and accurate reporting of the financial and overall performance of the recovery program
Our approach as a third -party administrator is based on our
commitment to protect your assets, Our subrogaition recovery approach George Hills"
centers on transparency and frequent communication with int�ernial and Suibir,og�aition
external! stakeholders. At the onset, we seek to determine your Recovery Unit has
expectations, which wM refine Our methodology. performed
I
George Hills' dedicated Subrogatiospectacularly,
responsible party is known or is subsequently discovered, Recovery is
obtained through the responsible party's carrier or obtained directly recovering several
from the responsible party if there is no carrier. George Hil!ls' millioin dollars on
subrogatio,n staff MH work closely with the City"si personnel (police behalf of our clients.
department�, public works, risk management, fleet services, finance, and
other staff as needed and appropo confirm what damag, es were
sustained as well as the costs to repaiir or replace the damaged property.
With all claims, George Hifls works diligently to ensure that our clients recover the maximum legally -
recoverable funds from all responsible parties. In the event any claim reaches a point of possible resolution
and the amount the client will receive is less than what the client has incurred, i.e. an insurance policy limit is
reached, George Hills provides the client with a summary of the claim that includes the circumstances that
gave rise to the claim and the potential for full recovery in the event the client rejects the possible resolution,
as well as the recommended action to take for further pursuit or resolution.
21, 1 City of Bakersfielcl
GEORGE MLLS
C L A I M S X PIIR <1i
Best Practice Claim Data arid Information Management I , I "''I
X
Y
George Hills' ability to develop and maintain the City's data rnetrics for J SS
decision,-miaking as well as provide accurate statistical reporting
is due solely to our commitment to best practices in our Information Technology processes. In 2015, we migrated
our claims, data to linsurity's CIMIS— CXP. Th ils change has provided George F1 ills and our clients with much greater
expert resources. Additionally, George Hills can rely on Insurity's comrnitment to security to ensure your, data is
safe, To iflustrate this, commitment, In:surity completes an annual disaster recovery exercise to safeguard against
potential data loss.
Timely resolution of claims, is another best practice we employ, Generally speaking, the longer a file is open, the
costlier it is for cur clients. Superfluous open reserves on our client's book of business, can negatively affect
financial results. As such, one of the items reviewed by the supervisors when they are auditing files is timeliness
of closures. The supervisor will also review whether the adjuster is continuing to update the cWrn diary. Every
time an, adjuster picks up a file, they should do everything necessary to get the file closer to resolution.
George Hills willl maintain and monitor ad active claim records in CXP, our claims management information system.
Claim files , in CXP are simple to obtain andl thorough in content, Through CXP, adjusters can, track claim frequency
and severity, and loss trending analysis, among other things. Our CXP database is extensive, giving our adjusters
and clients immediate access to a wide array of data, Clairn files are organized, so the contents are orderly and
contain documentation of the assigned adjuster's initial reserve. When the initial reserves, are set, or subsequent
changes to, the reserves are made, the reserve rationale is entered in the "comments" section. "rhe reserve change
will automatically generate a file note in Notepad and include the comments. Each file M1 speak for itself and will
contain all reports documenting the adjuster's investigation, including but not limited to: correspondence, to and
from all parties,; documentation: of damages; reports from all parties, including those from experts, Through our
CXP database, the City will have 24-.7 access, to real-time activity on claims, and reports.
George Hills uses Insurity's industry deading Claims XPress, (CXP,) as our Claims Management Information System
(CMIS), CXP is a browser -based software system that allows our claims adjusters to work anywhere, from the
scene of an incident to our corporate office. Similarly, the system being browser -based allows 24-hour, real-time
access to read-only versions of youir claims information.
Searching within CXP for specific claims data is simple. IH owever, to minimize the need to search, George Fills has,
developed dashlets within CXP to alllow for quick access, to relevant claim information right on the homepage,
As part of your oinboa,rding process, George Fills wil I hold a training session with a 111 potential client -side CXP users,
ensuring that everyone has the desired level of access and understanding of the system).
CXP has a set of standard clairyis handling reports available our clients, but the system can also be customized to
produce unique reports specific to your needs. the City can safely and securely access their reports via an
automated encrypted email from their point of contact. A11 of these reports are available for export to Microsoft
Excel or Adobe P,DF formats on demand.
CXP Claims, is an entirely paperless, system. All of the claim files are stored electronically using the CXP Cloud
storage system, available to any authorized user using any browser at any time,
George Hills' ability to maintain data and provide enhanced statistical reporting is due to our long use of best
practice technology to maintain data and provide enhanced statistical reporting, George Fills,' proprietary
Metrics'm Business Intelligence Reporting service provides, optimum targeted, on -demand data for liability and
property claims decision -making.
22 q City of Bakersfield
GEORGE I-11ILLS
CXP version 1.9-1.5 is equipped to enforce add itiona I security measures when necessary, It can lirn it a users access
to claim information by a client's orgainizational structure, for example allowing access to view claims for a singie
liocatiion or the entire organization. CXP version 19.1.5 also includes identifiers for highly sensitive or confidential
claims. When a claim is flagged as confidential, CXP will limit access to that claim by individual User ID.
The use of CFI increases our firm's, service capabilities by strearnHning, our workflow and allowing for
customization of reporting capabilities, The alignment of these technologies with George, Hills' services provides
real-time access to decision -making data, rrletrucs, and trends. When it comes to read-only access, reporting, and
modification abilities, our technology offering is unmatched.
The next few pages featUre examples of Claims Reports from CXP,
Cwrn, Regimer
TV � Jp,)
GEORGE HiL
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23 1 City of Bakersfield
GEORGE HILLS
Below are some of our sample Metrics reports:
Valued as of 0913012021
JJ1111111 701al OW C�mmfi JIM ToIW 00eed CWons
600
M
CIS I
jr- 24 1 City of Bakersfield
GEORGE HUS
FREQUENCY - Now Occurrences Received, by George Hills per Quarter
2016,12'017
owrwrwMWrvxewi2017120118
2018,1019
20191.7020
202012021
2,0211120,22
OaM-ws opened dunrig the FYIqU8def regairdless of loss date
(Shown as Entry F�scali Year on, mMelrvcs loss run)
m
25 � City of Bakersfield
GEORGE HILLS
George Hills is thrilled to launch our self-service client
portal. CAJPIA will have its own dedicated Portal for all
members and staff to access,. We can tailor it so its
cornpllimientary to the City's members, only website
access. This new web -based platform provides our
clients exclusive access to the following features:
0 Secure file sharing and document management
6 Quick reporting and metrics on da:shboard
a Simple user interface
0 George Hilils' news and alerts
Geoige HRIs
26 � City of Balkersfield
C�EORGE HILLS
Firm Expen , en�ce in Municipal Claims
Management
27 1 City of Bakersfield
GEORGE HILL
' IT
FtJ El� L l C E tI,4'1 VFY 1` III,
George Hills has made public entity casualty claim's adjusting ourfocus. We putt forth our best effort in recruiting,
retaining, and training of employees to, specifically serve, California municipalities. George Hulls has nearly 200
California cities, a significant percentage of the state"s counties, bolth as stand-alone agencies and membe!rs
of JIPAs as custoniers,, Unlike George Hills, many other TPA firms provide services to a variety of private and public
entities therefore don't speciAize in the specific needs that cities require..
Foir over half a centuiry, George Hills, has specialized in California public
As the leadung TRA entity multi -line claims adjUsting (property aind liability) while also
0 providing litigation manageent and investigative services. George
in Cm
alific"Irnia, Hills understands and has the program in place to continue to manage
George Hills has the claims for the City
nearly, 2011) George Hills emphasis on high quality public entity adjusters and our
Cno liforrila City, reputation: for excellent dient, service has led us to the forefront for
Cotjlrrty, and pul:)�ljic California Public Entities property and liability claims management.
agenc,,y clienis
28 1 City of Bakersfield
GEOt RGE HI IL 1, S
Gil-ORGE HiiLLS C"1j.AWiS ()NIVERSW)" (GliCiiJ)
CLAIMS It is George Hills's philosophy
to deliver a comprehensive
-"<J"-'UN1VERS1TY and effective training program
for our Claims Administration Division (CAD) that aligns with the
Vision, Values, and Goals of the Company. By utilizing internal
and external resources, our program is cost-effective and
presents relevant technical information.
The genesis of GHCU was the reality that students were not
going to college to seek a career in insurance claims adjusting
and even less in claims adjusting in the public sector. We felt an
obligation to attempt to establish a sustainable education forum
to continue to have knowledgeable and experienced public
entity adjusters.
w0C
(24
Currently, we use the University to train all staff in order to get the Public Entity Cliairns Professional Certificate.
This is used upon the hiring of all new staff to ensure each client will have a trained adjuster on their tearn. Our
next phase wiilil be to expand for the use of our clients, and eventually the use of the public. Our training ensures
all of our claims staff receive the information and skulls to perform the duties of their position successfUlly.
GHCU was launched using a Learning Managerrient System (LIVIS) to provide continuous matriculation for our
current and future employees. Upon completion of the training courses and successfully passing the exarn,
individuals will be awarded a certificate and Public Entity Claims Professional (PECP) designation.
George Hills Claims Univers,ity is available to our clients, If the County expresses interest in i training
program, we are pleased to make the, Courses available to, them.
Our training prograrn indludes:
• Monthly training sessions, facilitated by industry experts on current and emerging claims related topics like
legislative changes, new case laws, and clairn trends. We also use this monthly session to refresh our Claims
administration staff on industry and internal best practices.
o The recent CA Supreme Court decision on the City of OrovIlle sewer loss/inverse condemnation case
was a recent topic for one of our sessions
• Annuals two-day, in -person event for all claims staff, targeted at technical training, overall staff development,
and tearn building. This annuals session includes in-depth training and panel discussions on claims technical
topics, claim system utilization, and corporate issues. A sample event included discussion about AB 2�18 -
the recent legislation extending the statute of limitations for childhood sexual abuse and molestation claims.
• Cnhne resources and training through George Hills Learning, Management System. This Learning
Management System is a robust resource/reference library for a wide variety of claims and risk man@ gement
technical topics, as well as, structured training courses ranging from entry-level to advanced.
• Company -paid training courses leading to Associate in Claims (AIC) and other pertinent professional
designations.
• Active participation in industry associations such as PARMA, CAJPA, League of California Cities, CSAC, AGRiP,
and CLK George Hills encourages employee attendance at their, annual conferences and other training
events throughout the year.
Geoirge IIflls is readi,,,,,( aat Wveflling to adi�st' ot,,llrtip. iridi'°°iq Ilj rogii fiii,,') rl'wiet
Hi(? S1:)ec1f1c neelicJs and goals of thie City.
29 J City of Bakiersfielld
GEORGE H LLS
fn nch,,,; cwer 'n
0 v
Corporiate HisiTory and
F ei el
ivancial Statement
Ir -111, 30 1 City of Bakersfidd
GERGE H I E.I.
BA (" , l-,",GR01l,P4D APO HW(")R)"
George Hills Company was founded in 1954 and has had four individual owners in this span of 67 years,. Starting
out providing independent adjusting to insurance companies, we started with public entities in the 1970's with
the insurance collapse. Since their, we have become leaders in providing liability and property clairns
administration services to the public sector. Since its inception,, George Hills has expanded, grown, and branched
out in ways consistent with our value of continuous improvement. Currentlywe have nearly 70, employees working
across the state of California,
Our commitment to hiring and training quality public entity adjusters is the key to our and our client's success.
We are proud of our client base which is 300+ of the 482 cities, and 42 of the 58 Counties in the State of California.
FUrtherr-nore, our focus is also on providing services to Joint Power Authorities and its members representing
schools, cities, counties, and special districts has enabled us to be the leading TPA for Public Entities providing
liability and property claims adminiistratioln. In addition to third- art claims, administration,,we, provide industry -
leading litigation management services, subrogation recovery, construction defect claims handling, investigative
services, and JPA Management.
Owned by John Chaquica, George Hills Company, Inc. is a California Corporation, incoirpioirated in the State of
California. We have provided best practice liability and property claims administration services to the public
sector ever since. Since our founding,, George Hills has, grown and branched out. In addition to third party claims
administration, we provide industry Ijeading litigation managernent services, as well as subrogation recovery, and
investigative services.
F Ii 1,"4 A IN C L S'l'A T E AN E N'l
George Hills, continues to be in a solid and strong financial position. We have no bankruptcies or legal issues thait
would comprornise the financial strength of our organization. As your partner, we will devote company money
for your needs, to ensure success for both parties. A formal, confidential financial staternent can be provided to
the City upon request.
31 J City of Bakersfield
GEORE HILLS
r rT,-) ir�c:1115' E? r , , 'xi r nr) o ffers
'Y L
'r 32 1 City of Bakersfield
GEORGE II I L L S
FII S E C 1] 0 N I'E R M S
One Time Start-up Fq --The process of on -boarding anew client covers many areas, from establishing
expectations, policies and procedures to designing the infrastructure to meet the needs of risk
r"nanagement, council, and department heads. it also involves time and effort in establishing the Trust
Account or check writing,, W-9 andl alll federal and state reporting requirements, Most importantly claims
triage, This is not time spent on the actual data conversion.
AnnuW Administration Fed_. --George Hills has determined it takes a company wide effort to ensure we
exceed the expectations of our clients. As such we feel it transparent to separately rdentify and chiarge for
those critical function that are not directly tied to claims handling. As such we include an annual
administration, fee which iincludes the following activities:
• Access to ;MIS and training
• A rnionthiy listiing of open claims, showing expense categories, reserves, and total incurred
• Monthly claim summary reports
• Providing loss ruln, data and required reports
• Providing annual reports to outside agencies,
• Filing of regulatory reports (such as, 1099, W-9, etc.)
• Establish and maintain a trust fund to pay indemnity aind expenses that may be due on, claims. The
amount to be maintained in the trust fund shall be determined in the, on -boarding process, (Note: if
trust fund is, not set-up with the George Hills preferred hank, there may be an additional set-up fee)
• New batik account set up (signature cards, test checks, online access, set up bank in CXP)-- George
Hills,' Ipreferred bank is California Baink & Trust. Should another bank be selected, an additional setup
fee may be charged due to the complexities and amount of time and effort
• Approval process s,haill be documented in George Hills Special Claims Handling Standards and
lristruction form
• Process checks weekly
• Submit positive pay if applicable/monitor positive pay (review daily et'llails from bank for exceptions)
• Maintain a copy of all checks, drawn by George Hills to pay claims and claims related expenses
• Submit monthly check registers of all transactions made for the period!
• Monitor account balance, prepare replenishment requests as needed (custom,iize request for each
client's need)
• Monthly bank reconciliation (prepared and sent to assigned client personnel)
• Special reports that requested to go with billing invoices (by memiber, claim type, etc.)
• Payment of invoices that are pass-throughs (i,e,, invoices for medical record copies, ExamWorks,, etc,)
• Certificates of insurance
• The handling of paper file expenses during conversion, if applicable
MiLega@-...,tA,qiuster—Mi�cage is paid at the current IIRS rate.
MMSEA—Both the one-time setup fee and the annual reporting fee are paid directly to ExamWorks.
A_dLuter TrgLE—for mediations, settlement conferences, trials, etc.; subject to prior
approval and submitted with receiipts.
gP Accq§l Ete—lincluded in the annual administration fee is the setup and management of five (S)
user accounts through Our MIS CXP,.
L
W e tric
Fee —There will be no charge for our iMetrics business intelligence reports with
s - R,9P Or
executive in -person debriefs.
33 11 City of Baker.sfield
GEORGE MLLS
ggs!2M_1eports—Additional charges for custom reporting shall, be defined as, requiring a third -party
programmer for three hours, or more and is client specific.
g�g�loin Fees —This fee is intended to cover costs associated with data conversion, transition, and
contract closeout. The data conversion fee is dependent or) many factors which will need to be diseussied.
If George Hills is retained for five years, then we will absorb 100 percent of the conversion fee. if George
I-IMs is not retained for the full length of the proposed contract, then the client shall be subject to a fee of
20 percent each year not retained (this does not include shipping, storing, scanning, copying, or otherwise
handling open or closed paper claims files, this shah be a separate charge based on thie Scope of Services).
George Hills, will charge for any agreed services related to conversion storage, copying, scanning, shipping,
and disposal,
Catastrop Ic Pidlicing—Apphcable only to fixed fee and time and expense, with a cap fee agreement.
George Hills recognizes that in the event of a catastrophe, additional hours, will need to be applied to the
handhnig of such claims. As such, to preserve the quality and efficiency of service for which we have been
known, George Mils proposes that shouild a catastrophic event occur resulting in 10 or more claimants or
claims from a single occurrence, the client shall be billed at the current hourly rate,
a fLcqlator—George Hillis' pricing option for the contract is estimated as a 3% annual increase.
Termination Fee --In the event of contract termination, George IHills' procedures and cost for run-off claims
will be billed at the current hourly rate; no charge for historical loss summaries, George Hills believes that
the successful transition of cliaims requires preparation, so we ask for 9,0 days' notice if the contract is
terminated without cause, to properly and efficiently facilitate the transition of claims managernent.
General Flie—A general administrative file shalt/ be established and maintained to track effort related to
services, necessary to fulfill our contraCtUal obligations and not otherwise associated with a ciairn,
err --George Hills will charge for any services related to storage, retrieval, copying, scanning,
shipping, and disposal of paper files.
34 p City of Bakfar sifield
GEORGE HULtS
A �D J J S'l 1 N 'G S E RVI E S F E E S
P Ig i
--2tL_r,LA1 - _1�gle and K?��ltnse—George Hills believes, as in the legal field, services surrounding claims
and potential litigation are blest captured by directed effort, in this case, the client only pays for the services
requested. In a time, and expense environment, George Hills applies its best practice approach to all claims, -
unless the client adjusts, restricts, or expands such services, A general administrative file will be established
and maintained to track effort related to services necessary to fulfill our contractual, obligations not
otherwise associated with a: claim.
0 Von A2. Time aid EMgnisq —George Hills believes that thus can be the best of both
worlds. It allows the realities of the unknown to dictate service results but has some budget certainty. The
cap, wM always be more than the fixed fee to protect the unknown but often can result in; less cost too. The
cap is a movable target and rea,lily should be adjusted annuaky until the services and relationship have
settled.
The above hourly rates by position are the same for both options A I and A2. The only difference
shall be that George Hills commits to an annual rnoxi of $285,00l0* on adjusting services for
option A2. Please note the catastrophic pricing is applicable.
*Subject to the 3% ,escalator
option k- —Fixed-Le H:ills believes this is a orkablesolution for public agencies seeking budget
Lei i w
certainty. Unfortunately, it has its challenges. First, every other significant component of a claim
(settlement and legal fees) are not predictable and, as such, making the adjusting costs fixed will ensure
that 1010 percent of the time the fee wM be wrong. Secondly, the result could be that the client is, receiving
far more resources than they are, paying for, or the client is paying for far more resources than they are
receiving in services on any one claim. Either Outcome is wrong.
In this, environment, George Hills makes every effort to be resource sensitive in applying our blest practices
to ensure we balance the economics. No matter what, we put forth the right effort to resolve the claim.
Since the RFP did not request a fixed fee, we are not inicludiing one, but this option is availablle to the City
subject to negotiation.
35 � City of Bakersfield
GEORGE HILLS
Gl:Il'4EIRS ',,L 41WHYST"RATlIVE ADJUSTING F[IS
All pricing is used on the current average of 277 new claims per year (excluding 2021). Should the claim
volume change more than 10% rn severity or frequency in a year, we request reevaluation of our pricing
agreement.
.
n
. ..... .....
One Timie Start -Up Fee
$1 0,000i
Annual Administration Fee
. ...........
$101,000
Mileage - Adjuster
Current lRS Rate
One Time MM,SEA Setup Fee (paid to ExamWorksi)-
$150/one-time
if app,licabile,
Annual Reporting Fee (paid to ExamWorks)
$250/year
Adjuster travel expenses for mediatioins, settlement
Actual
conferenc�esi, trials; subject fo prior apiprovall.
CXP ac�cess fee (up to 5 users)
Included
Custom reports, if exceeds three hours and iis client
$18,5/hour
specific
Allocated File Expenses (see attached details)
Conversion Fee (waived if client for 5 years, see
below "Conversion
.. . .. ......
rl Ir"I
k3l i 71r, 3161 1 City of Bakersfield
GEOiRGE H I L , S
F E E S F C) R S", U 1' I R, (-), G A, II II 0 N S E R V i C E S
George Hills performs subrogation services for several clients. in these relationships we have, three
different types of fee structures, which are proposed for the City's consideration as options:
1, si.4(,Cess, Fel,,,,
George Hills proposes a fee of 30% of the amount to be recovered whiich is paid by one of two methods.
First, and this is our preferred approach, in the event of a successful recovery, GH proposes that the
30%, fee be deducted from the payment made by the at -fault party. Through our experience and
knowledge, we halve been able, to collect this fee from the at -fault party on behalf of our clients, whiich
in essence results in zero dollars paid to George Hills by the City. Fees to George Hills are paid through
the recovered amount. Where the fees are recovered from an at -fault party, there is no cap on the fees
collected by George Hills.
Second, where the 30% fee is not recovered from the ait-fault party, the City of Bakersfield shall! pay GH
the 30%l fee. Fees paid by the City of Bakersfield on, less than fu,lll recoveries, will be subject to a
negotiated cap at the inception of each year.
Due to our experience and confidence, it is likely that we, will be collecting our fees through the recovery
process with the third party, and therefore the City pays zero dollar in new money. However, in those
situations whereas we do not recover aill or part of our fees from the third party, we are proposing the
above identified cap on what the City pays to George Hills.
The only other adjustments to the above are:
a. GH does snot handle, subrogation claims with a value of less than $1,000.
b. Generally, George Hillis prefers not to handle any recoveries with a payment plan and no recovery shall
be agreed to involving payment plans if the recovery is less than $5,000 and/or greater than a one-year
term. Exceptions can be made on a case -by -case basis. if a recovery4s agreed to exceed this amount
and/or length of time,. Subrogation fee shall be 45%. In the event a payment plan is authorized!
and entered into, the subrogation fee will be based upon the total amount of the lien and will be
invoiced to the CLIENT upon the entry of the payment agreement, GH will make every attempt to
enforce the provisions of the payment agreement with the claimant, but in no way guarantees the
fulfillment of the terms of the payment agreement. In the event the terms of the payment agreement
are not fulfilled and warrant pursuit through the small claims process, the, payment agreement are not
fulfilled and warrant pursuit through the smalls claims process -will be requested. Fees collected for
payment plans will be outside the above cap,
c. Authorize GH to appear in small claiims court for recovery of funds,. Authority for the pursuit of recovery
through, small claims will be requested prior to the filing of documents with the court to initiate the
small claims action. Each appearance will be an additional fee of $200 (this fee will be outside the above
cap). All costs for the handling of small claims court actions, i.e. service of process of documents on the
responsible parties, mileage, parking, and toll shall be an additional cost and will be the responsibility
of the CLIENT. Additional allocated costs shall be billed separately upon the cost being incurred, such
as, but not limited to: skip tracing, service of process, and third -party sub -contracted investigation.
37 1 City of Bakersfield
GEORGE MU[S
d. GH reserves the right to cease working on any claim whereas information has not been made available
to GH within 120 days after GH has submitted the information and/or documentation request to CLIENT,
at such time the claim will be closed.
e. Due to the nature of these services, in that compensation is contingent upon recovery, if the contract is
terminated; prior to recovery or other closure of any claim, the CLIENT shall pay GH for all expenses and
time spent, to date, on any claim(s) currently open and recovery in process. Payment shall be based on
the current hourly rate of GH. GH will submit the final invoice within five business days of termination.
2 , F i � 'n, e in E �K J,) C: ') 5, C"
George 11i believes, as in the legal field, services surrounding claims and potential litigation are best
captured by directed effort. Under this option, the client only pays for the services requested and performed.
In a time and expense environment, George Hills applies its best practice approach to all subrogation
services. A ,generals administrative file, will be established and maintained to track effort related to services
necessary to fulfill our contractual obligations not otherwise associated with, a claim.
*Subject to the 3'% escobtor
'J, , ' J:! tiro t hu
We can discuss this approach if the City is, interested as we do not know enough about the predictability
of these claims, size, and complexities.
38 1 City of Bakersfield
GEORGE I l 1, l, S
Typically, allocated expenses are those expenses that are generated by a clairn (by outside vendors Other than George I fills)
that cannot be foreseen nor included in an agree me fit. These are genera I ly a I, I ocated back to the spec if: iic claim file far which
the costwas incurred ands then charged back to the entity whose claim incurred that cost. In most situations are pass -through
costs (with processing fees) for services and/or fees not directly generated by the TPA, but rather by a third -party consultant
where the TPA has acted as an agent on behalf of the entity to necessarily outscore services, to a thIrd-party consultant and/or
misceHaneous fees applicable to the specific claim, applied by an outside entity, such as a COUFt or copy service. Below, George
Hills has prov'ucled a Irst, by no rneans an exhaustive list, of typical allocated expenses.
a Fees of outside counsel: for claims in suit, coverage opinions, and litigation, and for representation and hearings or
pretrial conferences;
• Fees of court reporters;
• All court costs, court fees, and Court expenses;
• Fees for service of process;
• CMS reporting costs and fees (ExamWorks);
• Costs Of Undercover operatives and detectives;
• Costs for employing experts for the preparation of maps, professional photographs, accounting, cher-nical or physical
analysis, or diagrarris,
• Costs foir ernploying experts for the advice, opinions, or, testirnony concerning clainis under investigation or in
litigation of for which a declaratory judgment is sought;
• Costs for independent medical examination or evaluation for tehabilitationl-
• Costs of legate transcripts of testimony taken at coroner's inquests, or criniinah or civil proceeding;
• Costs for copies of any public records or medical records;
• Costs of depositions and court reporting;
• Costs and expenses of subrogation, (if not George Hills);
• Costs of engineers, handwriting experts, or any Other type of expert used in the preparation of litigation or used in
a one-time basis to resolve disputes;
• Witness fees and; travel expenses;
• Costs of photographers and photocopy services (if not George hills —our costs for this is included in our rate)„
• Costs of appraisals fees and expenses not included in, flat fee or performed by others;
• Costs of inclexing claimants;
• Services, performed: Outside the TPA's normal geographical regions;
• Costs associated with Medicare Set -Aside analysis and: subn"USSiOn or Medicare Conditional Lien negofiation;
* Investigation of possible fraud incliuding, SiU services and related expenses; and/or
* Any other similar cost, fee, or expense that is not othervvise included in the TPA's service fees that is reasonably
chargeable to the investigation, negotiation, settlement, or defense of a, claim or loss or to the protection or
perfection of the subrogation rights of the entity, (includes time, travel and lodging).
39, � City of Bakersfield
GEORGE HILLS
r'n(, Iter's.
f 111, 1- 40 � City of Bakersfield
GEORGE �AILLS
S, Utqlk M A FZY 0 IF E X, C E P 710 tl S TO S T '' IN D A R, ID A � F? E E Aiq If IP r
Yellow highlight indicates proposed language added or amended, Red strike -through indicates proposed
deletions.
Article 5 '
ea
"reirmination" shall rd
Either party may terminate the Agreement, without cause, upon th4w ninetV, (49 90) days written notice.
Written notice shall be g' iven pursuant to the "Notices"paragraph of this Agreement. In the event of early
termination, CONTRACTOR shiall be comipensated only for work satisfactorily completed up to the date of
termination and delivered to aind accepted by CITY. Upon termination, CONTRACTOR shall deliver all materials
fescribed in Section 1.2 of the, Agreement to the CITY, Upon termination, the CITY shaiill' have the option of
21lowing the open items to be �handled by CONTRACTOR to conclusion for time and expense based upon &Fe
t,xisting rate at the time of termination, or, CITY may have all claims returned to the CITY or to the succeedin7
?dministrator,
Article 11, "Confidentiality'. shall read
During the term of this Agreement, CONTRACTOR will beclealing with information of a leg, al and confideintial
nature, aind such information could severely damage CITY if disclosed to outside parties, CONTRACTOR will not
disclose to anyperson, directIy or indirectiy, either during the term of this Agreement or at ainy time thereafter,
any such information or use such information other than as necessary in the course of this Agreement, All
documents CONTRACTOR prepares and confidential information given to CONTRACTOR uinder this Agreement
are the exclusive property of theCITY, Under no circumstances shall any such information or documents be
removed fromthe CITY without the CHYs prior written consent.
01. 4TO AMOUR MI -Mil
will indemnify, defend and hold harmless: CONTRACTOR from and against all claims,,, damages, losses and
expensies, including court costs arid reasionableattOrneys' fees, arising out of or resuilting from-,(j) any action
transmMing andjor discloslir* the dairris clata.
Article 27, "Indemnity", shall read
The Parties shall indemnify, defend and hold harmless QTY each other, its their officers, agents and employees
against any and all liability, claims, actions, caiuses of action or demands whatsoever against them, or any of
them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused
by GONTRACTOR the other Party, GONTRACT94-s their employees, agents, independent contractors, companies
or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement
whether or not caused in part by a party indemnified hereunder, except for GP49-the sole active negligence or
willful misconduct of the other Party.
grya 41 1 City of Bakersfield
GEORGE HUS
Article 29, "'Contract Administrator",, shall read
CONTRACTOR'S Project Manager shall be:
GEORGE HILLS COMPANY, INC.
Name., John E. Chaqui,cai
Title: CEO
P.O. Biox 278
Rancho Cordova, CA 915670
Article 34, "Force Maieure" shall be added to read
Either party shall be excused from performing its oblig�ations, under this Agreement during the time and to the
extent that it is prevented from, performing by an unforeseeable cause beyond its control! including, but not
limited too any incidence of fire or flood; acts of God; commandeering of material, products, plants or facilities,
by the federal, state or local governmeft national fuel shortagea material act of omission by the other party,
epidemics, pandeatics, includling COVID-19 regml tions or restrictions issued by federal, state or local
governmental aluthoirifies or strike, when satisfactory evidence of such cause is presented to the other party,
or negligence of the party not performing.
lriisi,,ircimz�ie Exceptior�s
0 Although Hiscox, George Hills' Professional Liability carrier, is authorized to write policies in California,
they are not doing so on, an, 'admitted' baisis. However, Hiscox is A rated and in the highest financial
category which is V.
0 The insurance requirements state that "all policies" shall contain an endorsement for "notice of
cancellation or material change in policy language terms." George Hills' General Liability/Auto policy can
fulfill the notice of cancellation requirement but request that the City remove the 'or material change in
policy..." language as carriers are not setup to send a notice any time they change policy terms. In
addition, George Hills' Professional Liability and' orkers Compensation, policies do not have notice of
cancellation provisions for additional insureds,
42 � City of Bakersfield
GEORGE 1-MLS
GIL I - I'll 43 a City of Bakersfield
GEORGE HILL 5
F Li L f ➢i14 - H 10 U S E pm, l "r i S�' A T 10 IN, M A P,1,14 G', IE M E t4 T
R_qbert Chalfant , ftc
Mr, Challfaint has over 20 years of experience defending public entities and railroads on high profile claiims in state
and federal courts across California, Mr. Chailfa,nt has been a partner of the firm Cregger & Chalfant since 1993.
The majority of his, cases involvedi constitutional law claims brought under 42 U.5.C. Section 1983, and 0 related
state tort claims. He has tried to verdict civil rights cases in both state and federal court aind argued appeals on
behalf of public entities before both federal and state, Courts of appeal.
Mr. Chalfant's ernphasis is on defending civil rights and police misconduct cases, employment cases, zoning and
land use matters, and prisoner litigation, Past cases include officer -involved shootings, unlawful searches and
seizures, excessive force, uise of taxers, use of restraints, use of canines, fai6ure to protect inmates, deliberate
indifference to inmate's serious medical needs, malicious prosecution, substantive and procedural due process,
takings, discrimination, sexual harassment, defamation, and cases brought under the ADA, His current practice
includes all aspects of ktigaUon, including motion practNce, discovery, administrative, hearings, arbitrations,
mediations, trial, writs, and appeals.
��qmLr� r n sg, _den erql qounsejlLind gg�fiotl_Mand Wer: Ben serves as George Hulls' General
Counsell/Litigation Manager and supports Mr. Chalfant, He currently serves as a Lffigation Manager for several
clients, monitoring counsel, and as a resource to our claims staff.
George Hills' proactive approach is founded on our commitment to the preservation of your assets. Early contact
with all involved parties maintains lines of communication and rapport (not only with the insured but also with the
claimant); hence, cost -saving opportunities to resolve claims efficiently are more plentiful.
Here is an outline of their role and how ut would work for the Ciity:
o Serve as Litigation Manager (specifics of the role below)
* Actively manage all watchiist files (parameters of a watch,liist to be agreed upon, through
subsequent discussions)
* Manage and Supervise all litigated files,— claims adjusters will track the non -serious
and/or non -active litigated files, with the support of Claims Processor, and report to
Robert.
* Accessible to the entire GH adjuster team to advise and iins,truct as needed.
o Serve as, Outside Generale and Special Counsel
V 44 1 City of Bakersfield
GEORGE HILI S
Work closely with JPA wfth confidential analysis and piroblern-solving for managing risk
and avoiding unnecessary litigation.
Provide immediate access to legal advice, to the City', which includes analyzing coverage
issues, Public Records Act Requests, tort clairn handling and strategy, conflicts of interest,
oversight of outside litigation counsel and providing legal opinions on potential and active,
litigation.
01 Advise on sensitive arid political issues/claims.
c Coverage Counsel Consultation
a Review and analysis of memorandums of coverage and excess/umbrella policies to
address and offer advice and consultation regarding coverage issues,
N Advise on potential changes to aH coverage documents,
Assist the JPA and GH staff in interpretation of coverage issues.
• Resource to a broker of record for coverage needs,
o Trial/Mediliation/Board Meetings Attendance
a Attend Board/Executive/Coverage/Claims meetings (as necessary).
NI Attend trial:s, mediations, and other court hearings,„ including appearing before COUrts of
Appeal as needed
If Provide analysis and consultation before, during, and after these significant litigation
events to reduce exposure and maximize opportunities for resolution,.
o Legal Training and Seminars
■ Provide customized serninars and training upon request —to City staff, brokers,, mernbers,
and GH staff.
* Subject areas include memorandUMS of coverage, all aspects of risk management, claims
handling and litigation, employment law, and general liability claims.
* Courses are customized to address the client's specific needs and to work closely with
Safety and Loss staff, Defense firms, and others.
45 1i C�iity of Bakersfield
G EORGE 1111, 1, S
LA01 EWl`1rDRC. E,MI.`rkjr SEROCES
George Hills has a law enforcement professional available to assist establlished and prospective law enforcement
agencies with all aspects of public safety and police protection,
Jamie Lewis, Retired Sacramento Cqu ty Unct�she[fff'- Mr. Lewis served more than 0-years with the
Sacramento County Sheriff's department in Sacramento California before retiring in March 201.6 as the
department's 2nd in command. As the Undersheriff, he led the day -today operations of the 2,000+ member
department that serviced the 944 square miles of unincorporated Sacramento County. Prior to his appointment
to the role of Undersheiriff, he served almost seven years as the Chief of Corrections for Sacramento County
where he oversaw the day-to-day operations of 2-jail facilities with an average daily population of 4,000 inmates
as well as the operation of a full -service, county operated Correctional Health division, alternative sentencing
program, civil;! operations and court security.
Prior to, appointment to the Sheriff's Executive Staff, Jamie commanded a patrol division that serviced a diverse
unincorporated portion of Sacramento with more than 100,000 residents over 20 square miles. In addition to a
patrol command, he's held commands in narcotics, air operations, and security services, management positions
in special operations, sheriff's staff and superwsory positions in media, investigations, court security and
corrections. This breadth of experience has provided opportunities to experience aTI aspects of professional law
enforcement, giving him a unique perspective of the chaIlenges, agencies and their municipalities face, Audits of
law enforcement policies, procedures, practices and training to advise as, to best practices. 'This includes review
of loss data, risk assessment, and recommendations as to best practices.
• Risk identification and mitigation,
• Employee and personnel issues, including background investigations, Workers' Compensation, arid
Labor Relations;
• Emplolyee discipline;
• lnternall Affairs investigations;
• The creation and formation of new police departments,
• Critical dncjdent Response and Crisis Management;
• PubHc Information response;
• Review and analysis of high profile, high ex�plosure criminal, administrative and civil claims;
• Training, seminars tailored to issues faced by individual agencies.
Jamie's lIong and distinguished career has included working with law enforcement agencies across California and
helping to solve their most difficult probillems,
46 � City of Bakersfielid
('2EORGE IuiIU,5
QEORGE H I LLS
Purpose 1-1 utec; f im, " , " i � , [' (JrIq os.�el,, c'herlls,
,"J CHV(7M CIM
VWonj icl,� I PA and, JF`k, MV 1( q,)cIny,
'Valves Honesty, Integrity, and Accountabifty in ev,,r,(dcly 4,x':holns
Customer Safislacfion (,y)Icfl
Nnon16al Slewordship
Loyafty and Con-irnifi-nent
CoinfinUOUS �mpovemerit
P�JNS,"`, Adv,45,�inta g, e
C
0)", I a i rn s t p r
( I rl I � - , Ih",) ( f1, j l / I � c, t i v � " J (c ,S ��
I rnir'1g cA 1�,Illllk nmr,,
u r A
%a
17777",
ADMINISTRATIVE REPORT
MEETING DATE: 2/23/2022 Consent —Agreements g.
TO: Honorable Mayor and City Council
FROM: Paul Saldana, Economic and Community Development Director
DATE:
WARD:
SUBJECT: Amendment No. 1 to Agreement No. 2021-039 (extend time of
completion and contract term) with ECONorthwest to prepare
deliverables and activities for the CITY's Affordable Housing Strategy to
extend the performance period.
STAFF RECOMMENDATION:
Staff recommends approval of the amendment.
BACKGROUND:
On September 17, 2017 Senate Bill 2, known as the Building Homes and Jobs Act, was signed
by Governor Jerry Brown to address the housing crisis and shortage in the State of California.
As part of the 15-bill package, a real estate recordation fee was adopted to fund the State of
California's ongoing efforts to increase affordable housing production. Known as the Permanent
Local Housing Allocation (PLHA), this funding mechanism developed an annual entitlement
resource to support local entities efforts to increase housing production. With the first year's
allocation, local governments were given funding to develop plans to study and identify
mechanisms to accelerate hosing production, with a focus on increasing unit production and
increasing affordability. Through this allocation, the City of Bakersfield received $625,000 to
develop strategies to spur the development of more housing units.
On November 23, 2020 staff in the Development Services Department released a Request for
Proposals (RFP) to identify a qualified consultant to develop the City of Bakersfield's Affordable
Housing Strategy. Two proposals were received, with the proposals submitted by
ECONorthwest, with Baird and Driskell Planning as a subconsultant, being selected as the
winning bidder. Since March 2021, the consultant team has been working on the plan, which
includes seven separate but pivotal components to increase affordable housing development.
Currently, the consultant team is finalizing their research, reporting their findings, and providing
deliverables to the city for adoption. I nitially, the agreement called for all work to be completed by
February 28, 2022. This was consistent with the requirements of the Department of Housing and
Community Development (HCD) in their initial grant agreement with the City of Bakersfield.
However, HCD has authorized an extension to their initial timeline to allow the City more time to
complete the plan. As such, to provide more time to meet contractual obligations, staff is
recommending a 30-day extension to the work to be performed under the contract and a 60-day
extension to complete invoicing on all items and give the consultant team and staff time to
complete the plan.
ATTACHMENTS:
Description Type
gireernei na 202'1 039('t ( Agreement
DocuSign Envelope ID: 1990BAF6-985B-4A48-9DC2-F49963493A8F
AGREEMENT NO. 2021-039 (1)
AMENDMENT NO. 1 TO
AGREEMENT NO. 2021-039
This AMENDMENT NO. 1 TO AGREEMENT NO. 2021-039 is made and
entered into on , by and between the CITY OF BAKERSFIELD, a
charter city and a municipal corporation (referred to herein as "CITY"),
ECONOMIC CONSULTANTS OREGON LTD (DBA ECONorthwest), an Oregon
Corporation authorized to do business in California (referred to herein as
"PLANNING CONSULTANT").
RECITALS
WHEREAS, on March 3, 2021, CITY and PLANNING CONSULTANT entered
into Agreement No. 2021-039, wherein PLANNING CONSULTANT agreed to
prepare deliverables and activities for the CITY's Affordable Housing Strategy;
and
WHEREAS, due to the unforeseen circumstances, CITY and PLANNING
CONSULTANT require additional time to complete the activities in the original
scope of the agreement; and
WHEREAS, the parties desire to extend time of completion of the Project
from January 31, 2022 to March 31, 2022 and extend term from February 28,
2022 to April 30, 2022.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and
PLANNING CONSULTANT mutually agree to amend Agreement No. 2021-039, as
follows:
1. Section 4 of Agreement No. 2021-039 entitled "TIME FOR
COMPLETION" is hereby amended to read as follows:
4. TIME FOR COMPLETION. PLANNING CONSULTANT
must complete the Scope of Work no later than March
31, 2022. PLANNING CONSULTANT is not responsible for
delays which are outside of its reasonable control.
2. Section 5 of Agreement No. 2021-039 entitled "TERM" is hereby
amended to read as follows:
5. TERM. Unless terminated sooner as set forth
herein, this Agreement will terminate on April 30, 2022.
AMENDMENT No. 1 TO AGREEMENT No. 2021-039
S:\EDCD_Shared\CD-Affordable Housing\CA Housing\SB 2 Planning Grant= Items\Contract Extension\ECONorthwest
Agreement Amendment 1 Final.docx
-- Page 1 of 2 Pages --
DocuSign Envelope ID: 1990BAF6-985B-4A48-9DC2-F49963493A8F
3. Except as amended herein, all other provisions of Agreement No.
2021-039 will remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed as of the Effective Date.
CITY
CITY OF BAKERSFIELD
KAREN GOH
Mayor
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
JOSHUA RUDNICK
Deputy City Attorney
Insurance/Surety:
APPROVED as to content:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
yy�AD1ocluSiggnned byy:: ,,',, ,,
1 OI J AL1A"
By: ..
PAUL SALDANA
Economic and Community
Development Director
COUNTERSIGNED:
RANDY MCKEEGAN
Finance Director
PLANNING CONSULTANT
ECONOMIC CONSULTANTS OREGON LTD
DocuSigned by:
Print Name: Lorelei Juntunen
Title: President
AMENDMENT No. 1 TO AGREEMENT No. 2021-039
S:\EDCD_Shared\CD-Affordable Housing\CA Housing\SB 2 Planning Grant= Items\Contract Extension\ECONorthwest
Agreement Amendment 1 Final.docx
-- Page 2 of 2 Pages --
%a
17777",
ADMINISTRATIVE REPORT
MEETING DATE: 2/23/2022 Consent —Agreements h.
TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: 2/9/2022
WARD:
SUBJECT: Amendment No. 1 to Agreement No. F19-002 with Randy's Towing
LLC (increase annual maximum payment from $40,000 to $100,000),
for towing needs of City vehicles for both Police Department and Fleet
Division.
STAFF RECOMMENDATION:
Staff recommends approval of the amendment.
BACKGROUND:
In 2010, the Finance Department executed departmental agreements with 10 towing companies
who had been certified for the police towing rotation process. The towing contracts cover
services provided to both the Police Department in performance of their duties as well as the
Fleet division with towing needs of City vehicles. The agreements were all established as not to
the exceed $40,000 in any 12-month period for all services. The City does not incur costs when
the Police Department calls providers out due to an accident or other police operational issue.
The City does pay the towing company directly for requests that a City vehicle be towed.
In 2019, the departmental agreement was re -issued to Randy's Towing LLC (formerly Randy's
Towing) to acknowledge the name change to an LLC and to update the Federal Taxpayer I D
number associated with the agreement.
Randy's Towing LLC provides special services to the Police Department related to evidence
towing and they provide enhanced security at their facility for Police investigators to gather
evidence to complete crime investigations. Staff is requesting an increase to this vendor's annual
maximum amount (from $40,000 per 12-month period to $100,000 per 12-month period) to
continue to provide services to the Fleet Division as well as the Police Department.
ATTACHMENTS:
Description Type
Agreeiment Aimendirneint Agireeirrneint
AGREEMENT NO.
AMENDMENT NO. [1] TO
AGREEMENT NO. F19-002
THIS AMENDMENT NO. 1 TO AGREEMENT NO. F19-002 is made and entered
into on , by and between the CITY OF BAKERSFIELD, a municipal
corporation (referred to herein as "CITY"), and RANDY'S TOWING LLC (Referred
to herein as "CONTRACTOR").
RECITALS
WHEREAS, on February 28, 2019, CITY and CONTRACTOR entered into
Agreement No. F19-002 wherein CONTRACTOR provided CITY with light duty,
medium duty and heavy duty towing services, and
WHEREAS, the parties desire to increase the total compensation from forty
Thousand Dollars ($40,000) per 12 month period to One Hundred Thousand
dollars ($100,000) per 12 month period, due to the increased need for
CONTRACTOR'S services.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and
CONTRACTOR mutually agree to amend Agreement No. F19-002 as follows:
1. Section 3 of Agreement No, F10-006 entitled COMPENSATION is
hereby amended to read as follows:
3. COMPENSATION. CITY shall be charged a fee for towing services
of CITY owned vehicles only. CITY shall be charged no fee of any kind for
towing or other services to non -CITY owned vehicles. CONTRACTOR shall be
paid for towing services directly by the Owner of the vehicle towed. Rates to be
charged by CONTRACTOR for towing non -CITY and CITY vehicles shall be as set
forth by resolution of the City Council. Said resolution, and any successive
resolution setting rates, is incorporated herein as though fully set forth.
CONTRACTOR acknowledges that payments by CITY for towing of CITY owned
vehicles shall not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000) are not
authorized and may not be paid. CONTRACTOR may charge all statutory fees
allowed by the California Vehicle Code, such as lien fees, in addition to the fees
set forth herein.
AMENDMENT TO AGREEMENT
S:\Purchasing\PURCH\Amendments February 8, 2022
-- Page 1 of 2 Pages --
2. Except as amended herein, all provisions of Agreement No. F 19-002
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment
No. I to Agreement No. F19-002 to be executed the day and year first above
written.
"CITY"
CITY OF BAKERSFIELD
In
KAREN GOH
Mayor
APPROVED AS TO CONTENT:
FINANCE DEPARTMENT
M;
TERA LOVELESS-ORTIZ
Assistant Finance Director
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
M
0
JOSHUA H RUDNICK
Deputy City Attorney
RANDY MCKEEGAN
Finance Director
h,-a rn e: Zewte4e4ji.
�)7
Title: lWaAaltje
V
AMENDMENT TO AGREEMENT
S:1Purchasing\PURCH\Arnendnients February 8, 2022
-- Page 2 of 2 Pages --
%a
17777",
ADMINISTRATIVE REPORT
MEETING DATE: 2/23/2022 Consent —Agreements i.
TO: Honorable Mayor and City Council
FROM: Gregg Strakaluse, Public Works Director
DATE: 1 /26/2022
WARD:
SUBJECT: Amendment to agreements for on -call maintenance services at
Wastewater Treatment Plant No. 2 and Wastewater Treatment Plant No.
3:
1. Amendment No. 1 to Agreement No. 2020-105 with Crider
Construction, I nc. — extend term by one year and increase
compensation by $170,000 (not to exceed $370,000).
2. Amendment No. 1 to Agreement No. 2020-106 with B.R. Frost
Company— extend term by one year and increase compensation
by $170,000 (not to exceed $370,000).
STAFF RECOMMENDATION:
Staff recommends approval of the amendments.
BACKGROUND:
On June 24, 2020, Council approved Agreement No. 2020-105 with Crider Construction, Inc.
(Crider) and Agreement No. 2020-106 with B.R. Frost Company (Frost), to provide Wastewater
staff additional maintenance support at Wastewater Treatment Plants Nos. 2 and 3. Crider and
Frost were selected, along with one additional contractor, to provide the needed services after
responding to a Request for Qualifications for on -call wastewater maintenance services released
on April 21, 2020.
Since the agreements were awarded, Crider and Frost have done extensive work for the
Wastewater Division including emergency repairs, equipment rehabilitation and installation, and
maintenance work for capital improvement projects. The Wastewater Division now desires to
extend the term of both contracts and increase compensation.
At this time, the Division recommends only amending the contracts for Crider and Frost in order
to provide for work currently being done on capital improvement projects. The third contract still
has sufficient funds and will be reevaluated once its term date approaches.
The proposed amendments will increase the not to exceed compensation for both agreements
by $170,000, for a revised not to exceed amount of $370,000. The amendments will also extend
each contract by one additional year.
Sufficient funds are budgeted to fund the proposed amendments. Sewer Enterprise Funds
provide the funding source for these amendments. Therefore, there is no General Fund impact
associated with these amendments.
ATTACHMENTS:
Description Type
D Airneindirneint INo. 1 Crider Agireeirneirg
D Exhdbit 1::.:» Cirldeir ExhiUt
D Aimendiment INo. 1 R. F:: irost Agireeirnent
AGREEMENT NO.
AMENDMENT NO. [1] TO
AGREEMENT NO. 2020-105
THIS AMENDMENT NO. 1 TO AGREEMENT NO. 2020-105 is made and
entered into on , by and between the CITY OF BAKERSFIELD, a
municipal corporation (referred to herein as "CITY"), and CRIDER CONSTRUCTION,
INC. (referred to herein as "CONTRACTOR").
RECITALS
WHEREAS, CITY issued a Request for Qualifications (RFQ) dated April 21, 2020
and CONTRACTOR submitted a proposal in response to the RFQ concerning On -
Call Wastewater Maintenance for the Wastewater Division; and
WHEREAS, on June 24, 2020, the CITY and CONTRACTOR entered into
Agreement No. 2020-105 wherein CONTRACTOR would provide on -call
wastewater maintenance services; and
WHEREAS, the parties desire to amend Agreement No. 2020-105 to increase
the compensation by One Hundred Seventy Thousand Dollars ($170,000) and
extend the term by one year in accordance with the original terms of said
agreement; and
WHEREAS, CONTRACTOR has submitted an updated hourly rate sheet,
attached hereto as Exhibit B and incorporated by reference herein.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and
CONTRACTOR mutually agree as follows:
1. Section 2 of Agreement No. 2020-105 entitled "COMPENSATION" is
hereby amended to read as follows:
2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of
this section, CITY will pay CONTRACTOR as follows for performing the Scope
of Work ("Compensation"):
A total payment of Three Hundred Seventy Thousand Dollars
($370,000) which shall be paid as follows: upon successful
completion of tasks assigned to CONTRACTOR as described in
AMENDMENT TO AGREEMENT
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-- Page 1 of 3 Pages --
the RFQ and at the rates specified in the submitted hourly rate
sheet, attached hereto as Exhibit B and incorporated by
reference herein.
CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an
itemized invoice for the portions of the Scope of Work completed and that
invoice is approved by CITY. The Compensation will be the total amount
paid to CONTRACTOR for performing the Scope of Work and includes, but
is not limited to, all out-of-pocket costs and taxes. CITY will pay no other
compensation to CONTRACTOR. In no case will CITY compensate
CONTRACTOR more than $ 370,000 for performing the Scope of Work.
2. Section 3 of Agreement No. 2020-105 entitled "TERM" is hereby
amended to read as follows:
3. TERM. Unless terminated sooner, as set forth herein, this Agreement
shall terminate on June 30, 2023. The agreement is renewable for another
one-year period at the CITY's option and upon mutually agreeable terms.
3. Except as amended herein, all provisions of Agreement No. 2020-105
shall remain in full force and effect.
AMENDMENT TO AGREEMENT
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-- Page 2 of 3 Pages --
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. I to
Agreement No. 2020-105 to be executed the day and year first above written.
M
"CITY"
CITY OF BAKERSFIELD
KAREN GOH
Mayor
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
MI-
GREGG STRAKALUSE
Public Works Director
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
LIM
JOSHUA RUDNICK
Deputy City Attorney 11
COUNTERSIGNED:
0
RANDY MCKEEGAN
Finance Director
"CONTRACTOR"
CRIDER CONSTRUCTION, INC.
By:
Print Name: :E-IAA Lv
Title: z,o zL-
AMENDMENT TO AGREEMENT
SAEngineering\Annual Contract & Request For Proposal\RFP On Call Wastewater Maintenance\202MArnendment 1 - Crider Construction.docx
February 7, 2022
— Page 3 of 3 Pages --
IIIIII3II'r 113
CRIDER CONSTRUCTION - PREVAILING WAGE RATES
RATE SHEET EFFECTIVE MARCH 2O22
SERVICE/ ITEM
RATE
UNIT
FOREMAN PIPEFITTER
$112.00
HOUR
LEADMAN PIPEFITTER
$107.00
HOUR
LABOR/PLUMBER/WELDERS HELPER
$105.00
HOUR
FOREMAN PIPEFITTER *RAW SEWAGE*
$120.75
HOUR
LEADMAN PIPEFITTER *RAW SEWAGE*
$114.00
HOUR
LABOR/PLUMBER/WELDERS HELPER *RAW SEWAGE*
$112.00
HOUR
WELDER
$112.00
HOUR
WELDING EQUIPMENT W/CONSUMABLES (ROD,GRINDING WHEEL,ACELATINE)
$44.00
HOUR
WELDER O.T.
$34.50
HOUR
TOOL TRUCK/A FRAME
$30.50
HOUR
PICK-UP
$17.50
HOUR
BACKHOE MAINT. AND OPERATED
$150.00
HOUR
BAKCHOE OPERATOR O.T.
$34.50
HOUR
18" COMPACTION WHEEL
$73.50
HOUR
AUGER
$28.00
HOUR
AUGER BIT
$38.50
DAY
CONCRETE BREAKER
$73.50
HOUR
HYDROCRANE MAINT. AND OPERATED
$176.50
HOUR
HYDROCRANE OPERATOR O.T.
$34.50
HOUR
120 BBL VACUUM TRUCK W/OPERATOR
$150.00
HOUR
PRESSURE WASHER COLD
$93.00
DAY
PRESSURE WASHER HOT
$265.00
DAY
GENERATOR
$85.00
DAY
TRI-GAS MONITOR
$85.00
DAY
EXHAUST FAN
$84.50
DAY
TYVEX SUITS
$11.00
EACH
RUBBER GLOVES
$3.50
PAIR
DEGREASER (5 GALLONS)
$75.00
EACH
185 CFM AIR COMPRESSOR
$185.00
DAY
9 CFM AIR COMPRESSOR
$105.00
DAY
WACKER PACKER
$98.50
DAY
2 1/2" X 4" THREADER
$53.50
DAY
1/2" X 2" POWER THREADER
$91.00
DAY
4" X 8" FUSION EQUIPMENT
$210.00
DAY
SMALL EQUIPMENT TRAILER
$102.00
DAY
LARGE EQUIPMENT TRAILER
$132.00
DAY
P.E. LAY -OUT SPOOL TRAILER
$90.00
DAY
3" CENTRIFUGAL PUMP
$65.00
DAY
WEED EATER W/FUEL AND LINE
$53.50
DAY
18" CHAINSAW
$59.50
DAY
LIGHT PLANT W/OUT FUEL
$158.00
DAY
HOLIDAY DETECTOR (1 WEEK MINIMUM)
$193.00
IWEEK
ROTO HAMMER
$53.50
1 DAY
RAMSET GUN
$23.50
DAY
RAMSET EPDXY
$79.50
EACH
JACK HAMMER
$59.50
DAY
CRIDER CONSTRUCTION — PREVAILING WAGE RATES.... CONTINUED
PNEUMATIC COPUS BLOWER
$89.50
DAY
SCAFFOLDING (16" TOWER)
$71.50
DAY
HOT TAP EQUIPMENT PLUS BIT
$71.50
DAY
SAWZALL + BLADES
$41.50
DAY
MAGDRILL
$103.00
DAY
CHOP SAW
$51.50
DAY
BAND SAW
$51.50
DAY
POWER CUT OFF SAW & BLADE
$107.00
DAY
DELINEATORS
$1.00
EACH/DAY
LIGHTED BARRICADES
$1.50
EACH/DAY
CONSTRUCTION SIGNS
$2.50
EACH/DAY
ALL LABORAND EQUIPMENT IS SUB)ECTTOA 4 HOUR MINIMUM.
ALL OVERTIME AND DOUBLE TIME WILL BE CALCULATED PER STATE
AND FEDERAL WAGE REGUATIONS. ALL MATERIAL SUPPLIED BY
CRI DER CONSTRUCTION WILL BE MAR]<ED UP 257o
AMENDMENT NO. [1] TO
AGREEMENT NO. 2020-106
TAIS AMENDMENT NO. I TO AGREEMENT NO. 2020-106 is made an
entered into on by and between the CITY OF BAKERSFIELD,
municipal corporation (referred to herein as "CITY"), and B.R. FROST COMPAN
(referred to herein as "CONTRACTOR"). I
WHEREAS, CITY issued a Request for Qualifications (RFQ) dated April 21, 2020
and CONTRACTOR submitted a proposal in response to the RFQ concerning On -
Call Wastewater Maintenance for the Wastewater Division; and
WHEREAS, on June 24, 2020, the CITY and CONTRACTOR entered into
Agreement No. 2020-106 wherein CONTRACTOR would provide on -call
wastewater maintenance services; and
WHEREAS, the parties desire to amend Agreement No. 2020-106 to increase
the compensation by One Hundred Seventy Thousand Dollars ($170,000) and
extend the term by one year in accordance with the original terms of said
agreement.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and
CONTRACTOR mutually agree as follows:
1. Section 2 of Agreement No. 2020-106 entitled "COMPENSATION" is
hereby amended to read as follows:
2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of
this section, CITY will pay CONTRACTOR as follows for performing the Scope
of Work ("Compensation"):
A total payment of Three Hundred Seventy Thousand Dollars
($370,000) which shall be paid as follows: upon successful
completion of tasks assigned to CONTRACTOR as described in
the RFQ and at the rates specified in the submitted hourly rate
sheet, attached hereto as Exhibit B and incorporated by
reference herein.
AMENDMENTTO AGREEMENT
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CITY will pay CONTRACTOR within 30 days offer CONTRACTOR submits an
itemized invoice for the portions of the Scope of Work completed and that
invoice is approved by CITY. The Compensation will be the total amount
paid to CONTRACTOR for performing the Scope of Work and includes, but
is not limited to, all out-of-pocket costs and taxes. CITY will pay no other
compensation to CONTRACTOR. In no case will CITY compensate
CONTRACTOR more than $ 370,000 for performing the Scope of Work.
2. Section 3 of Agreement No. 2020-106 entitled "TERM" is hereby
amended to read as follows:
3. TERM. Unless terminated sooner, as set forth herein, this Agreement
shall terminate on June 30, 2023. The agreement is renewable for another
one-year period at the CITY's option and upon mutually agreeable terms.
3. Except as amended herein, all provisions of Agreement No. 2020-106
shall remain in full force and effect.
AMENDMENT To AGREEMENT
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-- Page 2 of 3 Pages --
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to
Agreement No. 2020-106 to be executed the day and year first above written.
"CITY"
CITY OF BAKERSFIELD
0
ass F_A1
, �-Q
M
M
GREGG STRAKALUSE
Public Works Director
JOSHUA RUDNICK
Deputy City Attorney 11
COUNTERSIGNED:
Los
RANDY MCKEEGAN
Finance Director
1�y
Print Name:
Title: Vice President & General Counsel
AMENDMENT TO AGREEMENT
SAEngineering\Annual Contract & Request For Proposai\RFP On Call Wastewater Mai ntenance\2020\Amend ment 1 - B.R. Frost Company.docx
February 7, 2022
muff-��- �
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17777",
ADMINISTRATIVE REPORT
MEETING DATE: 2/23/2022 Consent— Bids j.
TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: 2/4/2022
WARD:
SUBJECT: Accept bid and approve contract to Safeway Sign Company
($199,992.42) for an annual contract to supply traffic signs.
STAFF RECOMMENDATION:
Staff recommends acceptance of bid and approval of contract.
BACKGROUND:
Bids were solicited for an Annual Contract to supply traffic signs for the General Services
Division. Two complete bids were received in response to the solicitation. A third response from
Zumar Industries, Santa Fe Springs, California, failed to include the bid form with prices
rendering themselves non -comparative. The contract award is for a one-year period; renewable
annually for four consecutive one-year periods at the City's option and upon mutually agreeable
terms.
The bids solicited were based on a list of various traffic signs with estimated quantities. In this
case, where the City does not intend to split the bid award, the City determines the lowest overall
bidder by multiplying the supplier's unit price for each of the items by the estimated number of
units for each item.
Funds are budgeted in the General Fund for this contract.
The two complete bids are as follows:
BIDDER
AMOUNT
Sign Company, Adelanto CA
$199,992.42
-Safeway
Statewide SafetV S stems Gardena CA
$257 184.24
Staff finds the low bid submitted by Safeway Sign Company to be acceptable and recommends
approval of the contract for $199,992.42.
ATTACHMENTS:
Description Type
Agireeirneint Agireeirrient
AGREEMENT NO.
INDEPENDENT CONTRACTOR'S AGREEMENT
This INDEPENDENT CONTRACTOR'S AGREEMENT ("Agreement") is made and
entered into on , by and between the CITY OF
BAKERSFIIELD, a municipal corporation, ("CITY") and SAPEWAY SIGN COMPANY
("CONTRACTOR").
RECITALS
WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well
qualified and a specialist in the field of supplying traffic signs.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and
CONTRACTOR mutually agree as follows:
1. SCOPE OF WORK. In exchange for the Compensation (defined below),
CONTRACTOR shall perform the following: supplying traffic signs in
accordance with Bid No. 21-22-56 ("Scope of Work"). The Scope of Work
shall include all items and procedures necessary to proper[y complete the
task CONTRACTOR has been hired to perform, whether specifically
included in the Scope of Work or not. The following shall be deemed to be
part of this Agreement as if fully set forth herein:
® Invitation to Bid No. 21-22-56
Bid Proposal
All provisions required by law to be inserted in this Agreement
whether inserted or not.
2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this
section, CITY will pay CONTRACTOR as follows for performing the Scope of
Work ("Compensation") -
CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an
itemized invoice for the portions of the Scope of Work completed and that
invoice is approved by CITY. The Compensation will be the total amount
paid to CONTRACTOR for performing the Scope of Work and includes, but
is not limited to, all out-of-pocket costs and taxes. CITY will pay no other
compensation to CONTRACTOR. In no case will CITY compensate
CONTRACTOR more than ONE HUNDRED NINETY-NINE THOUSAND NINE
HUNDRED NINETY-TWO AND 42/100 DOLLARS ($199,992.42) for performing
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the Scope of Work.
3. TERM. CONTRACTOR shall provide services in strict accordance with the
terms set forth for one (1) year from execution of the Agreement, unless
terminated sooner, as set forth in this Agreement. The Agreement shall be
renewable annually thereafter for four (4) consecutive one-year periods.
Renewal options shall be exercised at the City's option and upon mutually
agreeable terms.
4. TERMINATION. Either party may terminate this Agreement after giving the
other party written notice, as provided herein, ten days before the
termination is effective.
5. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole
cost, comply with all of the requirements of Municipal, State, and Federal
authorities now in force, or which may hereafter be in force, pertaining to
this Agreement, and shall faithfully observe in all activities relating to or
growing out of this Agreement all Municipal ordinances and State and
Federal statutes, rules or regulations, and permitting requirements now in
force or which may hereafter be in force including, without limitation,
obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal
Code Chapter 5.02) where required.
G. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR's
performance of the Scope of Work as an independent contractor.
CONTRACTOR is not an agent or employee of the CITY for any purpose and
is not entitled to any of the benefits provided by CITY to its employees. This
Agreement shall not be construed as forming a partnership or any other
association with CONTRACTOR other than that of an independent
contractor.
7. DIRECTION. CONTRACTOR retains the right to control or direct the manner
in which the services described herein are performed.
8. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and
supplies necessary to perform the services under this Agreement.
9. STARTING WORK. CONTRACTOR shall not begin work until authorized to do
so in writing by CITY. No work will be authorized before the date first written
above.
10. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned
to perform the Scope of Work. All key personnel shall be properly licensed
and have the experience to perform the work called for under this
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Agreement. CONTRACTOR shall provide background for each of the key
personnel including, without limitation, resumes and work experience
performing work similar to the Scope of Work. CITY reserves the right to
approve key personnel. Once the key personnel are approved,
CONTRACTOR shall not change such personnel without CITY's written
approval,
11. INCLUDED DOCUMENTS. Any bid documents, including, without limitation,
special provisions and standard specifications and any Request for
Proposals, Request for Qualifications and responses thereto relating to this
Agreement are incorporated by reference as though fully set forth herein.
12. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect
or obtain at all times during the term of this Agreement any licenses, permits
and approvals which are legally required for CONTRACTOR to practice its
profession and perform the Scope of Work. If CONTRACTOR is a
corporation, at least one officer or key employee shall hold the required
licenses or professional degrees. If CONTRACTOR is a partnership, at least
one partner shall hold the required licensees or professional degrees.
13. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in
conformity with all legal requirements and industry standards observed by
a specialist of CONTRACTOR's profession in California,
14. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to
this Agreement, a contractor or subcontractor shall not be qualified to bid
on, be listed in a bid proposal, be subject to the requirements of Section
4104 of the Public Contract Code, or engage in the performance of any
contract for public work, as defined in this chapter, unless currently
registered and qualified to perform public work pursuant to Section 1725.5.
It is not a violation of Labor Code Section 1771.1 for an unregistered
contractor to submit a bid that is authorized by Section 7029.1 of the
Business and Professions Code or by Section 10164 or 20103.5 of the Public
Contract Code, provided the contractor is registered to perform public
work pursuant to Section 1725.5 at the time the contract is awarded. The
prime contractor is required to post job site notices in compliance with Title
8 California Code of Regulations Section 16451, This project is subject to
compliance monitoring and enforcement by the Department of Industrial
Relations.
15. NO WAIVER OF DEFAULT. The failure of any party to enforce against another
party any provision of this Agreement shall not constitute a waiver of that
party's right to enforce such a provision at a later time and shall not serve
to vary the terms of this Agreement.
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16, INSURANCE.
16.1 types
_and Limits of Insurance. In addition to any other insurance or
security required under this Agreement, CONTRACTOR must procure
and maintain, for the duration of this Agreement, the types and limits
of insurance below ("Basic Insurance Requirements"),
16.1.1 Automobile liability insurance, providing coverage for
owned, non -owned, and hired autos on an occurrence
basis for bodily injury, including death, of one or more
persons, property damage, and personal injury, with limits
of not less than $1,000,000 per occurrence.
16.1.2 Commercial general liability insurance, unless otherwise
approved by CITY's Risk Manager, providing coverage on
an occurrence basis for bodily injury, including death, of
one or more persons, property damage, and personal
injury, with limits of not less than $1,000,000 per occurrence.
The policy must:
16.1.2.1 Provide contractual liability coverage for the
terms of this Agreement;
16.1.2.2 Provide products and completed operations
coverage;
16.1.2.3 Provide premises, operations, and mobile
equipment coverage; and
16.1.2.4 Contain an additional insured endorsement in
favor of CITY and its mayor, council, officers,
agents, employees, and designated volunteers.
16.1.3 Workers'_ compensation insurance with limits of not less than
$1,000,000 per occurrence. In accordance with the
provisions of Labor Code Section 3700, every contractor will
be required to secure the payment of compensation to his
employees. Pursuant to Labor Code Section 1861,
CONTRACTOR must submit to CITY the following
certification before beginning any work on the
Improvements:
I am aware of the provisions of Section 3700 of the
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Labor Code which require every employer to be
insured against liability for worker's compensation or
to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such
provisions before commencing the performance of
the work of this contract.
By executing this Agreement, CONTRACTOR is submitting the
certification required above.
The policy must contain a waiver of subrogation in favor of
CITY and its mayor, council, officers, agents, employees, and
designated volunteers.
16.2 General Provisions Applying to All Insurance Types.
16.2.1 All policies required of CONTRACTOR must be written on a
first -dollar coverage basis, or contain a deductible
provision. Subject to CITY's advance approval,
CONTRACTOR may utilize a self -insured retention in any or
all of the policies provided, but the policy or policies may
not contain language, whether added by endorsement or
contained in the policy conditions, that prohibits
satisfaction of any self -insured provision or requirement by
anyone other than the named insured or by any means
including other insurance orwhich is intended to defeat the
intent or protection of an additional insured.
16.2.2 All policies required of CONTRACTOR must be primary
insurance as to CITY and its mayor, council, officers, agents,
employees, or designated volunteers and any insurance or
self-insurance maintained by CITY and its mayor, council,
officers, agents, employees, and designated volunteers
must be excess of CONTRACTOR's insurance and must not
contribute with it.
16.2.3 The insurance required above, except for workers'
compensation insurance, must be placed with insurers with
a Best's rating as approved by CITY's Risk Manager, but in
no event less than A-:Vll. Any deductibles, self -insured
retentions, or insurance in lesser amounts, or lack of certain
types of insurance otherwise required by this Agreement, or
insurance rated below Best's A-:Vll, must be declared prior
to execution of this Agreement and approved by CITY in
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writing.
16.2.4 The insurance required in this section must be maintained
until the Scope of Work is satisfactorily completed as
evidenced by CITY's written acceptance. All policies must
provide that there will be continuing liability thereon,
notwithstanding any recovery on any policy.
16.2.5 Full compensation for all premiums which the CONTRACTOR
is required to pay to satisfy the Basic Insurance
Requirements shall be considered as included in the prices
paid for the performance of the Scope of Work, and no
additional allowance will be made therefor or for additional
premiums which may be required by extensions of the
policies of insurance.
16.2.6 It is further understood and agreed by CONTRACTOR that
its liability to CITY will not in any way be limited to or affected
by the amount of insurance obtained and carried by
CONTRACTOR in connection with this Agreement.
16.2.7 Unless otherwise approved by CITY, if any part of the Scope
of Work is subcontracted, the Basic Insurance Requirements
must be provided by, or on behalf of, all subcontractors
even if CITY has approved lesser insurance requirements for
CONTRACTOR, and all subcontractors must agree in writing
to be bound by the provisions of this section.
17. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely
notify CONTRACTOR of third party claims relating to this Agreement. CITY
shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall
pay on demand, all costs of notification.
18. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY
and CITY's officers, agents and employees against any and all liability,
claims, actions, causes of action or demands whatsoever against them, or
any of them, before administrative or judicia[ tribunals of any kind
whatsoever, arising out of, connected with, or caused by CONTRACTOR or
CONTRACTOR's employees, agents, independent contractors, companies,
or subcontractors in the performance of, or in any way arising from, the
terms and provisions of this Agreement whether or not caused in part by a
party indemnified hereunder, except for CITY's sole active negligence or
willful misconduct.
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19. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties,
liabilities, obligations or responsibilities arising out of, concerning or related
in any way to this Agreement (including, but not limited to, accounts,
actions, causes of action, claims, damages, demands, liabilities, losses,
obligations, or reckonings of any kind or nature whatsoever, for
compensatory or exemplary and punitive damages, or declaratory,
equitable or injunctive relief, whether based on contract, equity, tort or
other theories of recovery provided for by the common or statutory law)
may be assigned or transferred by any party. Any such assignment is
prohibited and shall be unenforceable and otherwise null and void without
the need for further action by the non -assigning party or parties.
20. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate
accounting records and other written documentation pertaining to all
costs incurred in performance of this Agreement. Such records and
documentation shall be kept at CONTRACTOR's office during the term of
this Agreement, and for a period of three years from the date of the final
payment hereunder and made available to CITY representatives upon
request at any time during regular business hours.
21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to
the benefit of, and be binding upon, the parties to the Agreement and their
heirs, administrators, executors, personal representatives, successors and
assigns.
22. CORPORATE AUTHORITY. Everyone signing this Agreement on behalf of
entities represents and warrants that they are, respectively, duly authorized
to sign on behalf of the entities and to bind the entities fully to each and all
of the obligations set forth in this Agreement.
23. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be considered as an original and be
effective as such.
24. EXECUTION. This Agreement is effective upon execution. It is the product
of negotiation and all parties are equally responsible for authorship of this
Agreement. Section 1654 of the California Civil Code shall not apply to the
interpretation of this Agreement.
25. EXHIBITS. In the event of a conflict between the terms, conditions or
specifications set forth in this Agreement and those in exhibits attached
hereto, the terms, conditions, or specifications set forth in this Agreement
shall prevail. All exhibits to which reference is made in this Agreement are
deemed incorporated in this Agreement, whether or not actually
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attached.
26. FURTHER ASSURANCES. Each party shall execute and deliver such papers,
documents, and instruments, and perform such acts as are necessary or
appropriate, to implement the terms of this Agreement and the intent of
the parties to this Agreement.
27. GOVERNING LAW. The laws of the State of California will govern the validity
of this Agreement and its interpretation and performance. Any litigation
arising in any way from this Agreement shall be brought in Kern County,
California.
28. INTERPRETATION. Whenever the context so requires, the masculine gender
includes the feminine and neuter, and the singular number includes the
plural.
29. MERGER AND MODIFICATION. This Agreement sets forth the entire
agreement between the parties and supersedes all other oral or written
representations. This Agreement may be modified only in a writing
approved by the City Council and signed by all the parties.
30. NON -INTEREST. No CITY officer or employee shall hold any interest in this
Agreement (California Government Code section 1090).
31. NOTICES. All notices relative to this Agreement shall be given in writing and
shall be personally served or sent by certified or registered mail and be
effective upon actual personal service or depositing in the United States
mail. The parties shall be addressed as follows, or at any other address
designated by notice:
CITY, CITY OF BAKERSFIELD
CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
CONTRACTOR: SAFEWAY SIGN COMPANY
9875 Yucca Road
Adelanto, CA 92301
760-246-7070
32. RESOURCE ALLOCATION. All CITY obligations under the terms of this
Agreement are subject to the appropriation and allocation of resources by
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the City Council.
33. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps,
photographs, and other papers, or copies thereof prepared by
CONTRACTOR pursuant to the terms of this Agreement, shall, upon
preparation, become CITY property.
34. TAX NUMBERS.
CONTRACTOR's Federal Tax ID Number 95-2585483
CONTRACTOR is a corporation? Yes X No_
(Please check one.)
[Signatures on Following Page]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date first written above.
"CITY''
CITY OF BAKERSFIELD
By: By
.. . ............
KAREN GOH
Mayor
Title: A41tl
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
0
0
0,06 NO Nm
-IV 1noOn
km
GREGG STAKALUSE
Public Works Director
COUNTERSIGNED:
m
RANDY McKEEGAN
Finance Director
Insurance:
SAPurchasing I PURCH\Kim\Agreements 20-21\ACTraffic Signs, 21.22-565afewoy Sign Co Page M of 10
February 26, 202.1
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17777",
ADMINISTRATIVE REPORT
MEETING DATE: 2/23/2022 Consent— Bids k.
TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: 2/7/2022
WARD: Ward 6
SUBJECT: Accept bid and approve contract to American, I ncorporated, Visalia,
California ($267,700) for evaporative cooling unit replacement at
Wastewater Plant 3.
STAFF RECOMMENDATION:
Staff recommends acceptance of bid and approval of contract.
BACKGROUND:
Bids were solicited for evaporative cooling unit replacement at Wastewater Plant 3. Two bids
were received in response to the solicitation.
Evaporative cooling units servicing the aeration blower building, dewatering building, digester
building and the maintenance building at Plant 3 are beyond repair and in need of replacement.
Temperature control in these buildings is critical due to the equipment housed in them is
susceptible to malfunction in high heat. Staff recommends replacement of two evaporative
cooling units prior to the summer season.
Funds are budgeted within the Sewer Enterprise Fund for this project.
The two bids received are as follows:
BIDDER
AMOUNT
American, I ncorporated
$267,700
Visalia CA
Johnson Controls, Inc.
$307,860
Bakersfield CA
Staff finds the bid submitted by American, Incorporated in Visalia, CA, to be acceptable and
recommends approval of the contract in the amount of $267,700.
ATTACHMENTS:
Description Type
greeinnn: int Agreement
[Over $40,000]
This INDEPENDENT CONTRACTOR'S AGREEMENT ("Agreement") is made and
entered into on -1 by and between the CITY OF
BAKERSFIELD, a municipal corporation, ("CITY") and AMERICAN INCORPORATED
("CONTRACTOR").
WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well
qualified and a specialist in the field of cooling unit replacement.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and
CONTRACTOR mutually agree as follows:
I SCOPE OF WORK. In exchange for the Compensation (defined below),
CONTRACTOR shall perform the following: Evaporative Cooling Unit
Replacement at WW Plant 3 in accordance with the bid documents No.
21-22-57. ("Scope of Work"). The Scope of Work shall include all items and
procedures necessary to properly complete the task CONTRACTOR has
been hired to perform, whether specifically included in the Scope of Work
or not.
2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this
section, CITY will pay CONTRACTOR as follows for performing the Scope of
Work ("Compensation"):
(1) A total, lump sum payment of two hundred sixty-seven
thousand seven hundred dollars ($267,700) after the Scope of
Work is completed to CITY's satisfaction, or
CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an
itemized invoice for the portions of the Scope of Work completed and that
invoice is approved by CITY. The Compensation will be the total amount
paid to CONTRACTOR for performing the Scope of Work and includes, but
is not limited to, all out-of-pocket costs and taxes. CITY will pay no other
compensation to CONTRACTOR. In no case will CITY compensate
CONTRACTOR more than $267,700 for performing the Scope of Work.
INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 Page I of 10
S,\Pur&icisir)g\PLIRCH\KIM\Agreer7ients 21-22
3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall
terminate in one year.
. TERMINATION. Either party may terminate this Agreement after giving the
other party written notice, as provided herein, ten days before the
termination is effective.
5. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole
cost, comply with all of the requirements of Municipal, State, and Federal
authorities now in force, or which may hereafter be in force, pertaining to
this Agreement, and shall faithfully observe in all activities relating to or
growing out of this Agreement all Municipal ordinances and State and
Federal statutes, rules or regulations, and permitting requirements now in
force or which may hereafter be in force including, without limitation,
obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal
Code Chapter 5.02) where required.
b. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR's
performance of the Scope of Work as an independent contractor.
CONTRACTOR is not an agent or employee of the CITY for any purpose and
is not entitled to any of the benefits provided by CITY to its employees. This
Agreement shall not be construed as forming a partnership or any other
association with CONTRACTOR other than that of an independent
contractor.
7. DIRECTION. CONTRACTOR retains the right to control or direct the way the
services described herein are performed.
8. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and
supplies necessary to perform the services under this Agreement.
9. STARTING WORK. CONTRACTOR shall not begin work until authorized to do
so in writing by CITY. No work will be authorized before the date first written
above.
10. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned
to perform the Scope of Work. All key personnel shall be properly licensed
and have the experience to perform the work called for under this
Agreement. CONTRACTOR shall provide background for each of the key
personnel including, without limitation, resumes and work experience
performing work like the Scope of Work. CITY reserves the right to approve
key personnel. Once the key personnel are approved, CONTRACTOR shall
not change such personnel without CITY's written approval.
INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 Page 2 of 10
S:\Purchasing\PURCHWM\Agreernents 21-22
11. INCLUDED DOCUMENTS. Any bid documents, including, without limitation,
special provisions and standard specifications and any Request for
Proposals, Request for Qualifications and responses thereto relating to this
Agreement are incorporated by reference as though fully set forth herein.
12. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect
or always obtain during the term of this Agreement any licenses, permits
and approvals which are legally required for CONTRACTOR to practice its
profession and perform the Scope of Work, If CONTRACTOR is a
corporation, at least one officer or key employee shall hold the required
licenses or professional degrees. If CONTRACTOR is a partnership, at least
one partner shall hold the required licensees or professional degrees.
13. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in
conformity with all legal requirements and industry standards observed by
a specialist of CONTRACTOR's profession in California.
14. SR 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to
this Agreement, a contractor or subcontractor shall not be qualified to bid
on, be listed in a bid proposal, be subject to the requirements of Section
4104 of the Public Contract Code or engage in the performance of any
contract for public work, as defined in this chapter, unless currently
registered and qualified to perform public work pursuant to Section 1725.5.
It is not a violation of Labor Code Section 1771.1 for an unregistered
contractor to submit a bid that is authorized by Section 7029.1 of the
Business and Professions Code or by Section 10164 or 20103.5 of the Public
Contract Code, provided the contractor is registered to perform public
work pursuant to Section 1725.5 at the time the contract is awarded. The
prime contractor is required to post job site notices in compliance with Title
8 California Code of Regulations Section 16451. This project is subject to
compliance monitoring and enforcement by the Department of Industrial
Relations.
15. NO WAIVER OF DEFAULT. The failure of any party to enforce against another
party any provision of this Agreement shall not constitute a waiver of that
party's right to enforce such a provision later and shall not serve to vary the
terms of this Agreement.
16. INSURANCE.
16.1 Types and Limits of Insurance. In addition to any other insurance or
security required under this Agreement, CONTRACTOR must procure
and maintain, for the duration of this Agreement, the types and limits
INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 Page 3 of 10
S;\PtiirchosingAPt)R(;Fi\KIM\Agreerrier)ts 21.22
of insurance below ("Basic Insurance Requirements"),
16.1.1 Automobile liability insurance, providing coverage for
owned, non -owned, and hired autos on an occurrence
basis for bodily injury, including death, of one or more
persons, property damage, and personal injury, with limits
of not less than $1,000,000 per occurrence,
16.1.2 Commercial general liability insurance, unless otherwise
approved by CITY's Risk Manager, providing coverage on
an occurrence basis for bodily injury, including death, of
one or more persons, property damage, and personal
injury, with limits of not less than $1,000,000 per occurrence.
The policy must:
16.1.2.1 Provide contractual liability coverage for the
terms of this Agreement.
16.1.2.2 Provide products and completed operations
coverage.
16.1.2.3 Provide premises, operations, and mobile
equipment coverage; and
16.1.2.4 Contain an additional insured endorsement in
favor of CITY and its mayor, council, officers,
agents, employees, and designated volunteers.
16.1.3 Workers' compensation insurance with limits of not less than
$1,000,000 per occurrence. In accordance with the
provisions of Labor Code Section 3700, every contractor will
be required to secure the payment of compensation to his
employees. Pursuant to Labor Code Section 1861,
CONTRACTOR must submit to CITY the following
certification before beginning any work on the
Improvements:
I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker's compensation or
to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such
provisions before commencing the performance of
the work of this contract.
INDEPENDENT CONTRACTORS AGREEMENT - Over $40,000 Page 4 of 10
3:\Pu)rchosiiig\PUR(-H\KIM\Agreeryierts 71 .22
By executing this Agreement, CONTRACTOR is submitting the
certification required above.
The policy must contain a waiver of subrogation in favor of
CITY and its mayor, council, officers, agents, employees, and
designated volunteers.
16.2.1 All policies required of CONTRACTOR must be written on a
first -dollar coverage basis or contain a deductible provision.
Subject to CITY's advance approval, CONTRACTOR may
utilize a self -insured retention in any or all the policies
provided, but the policy or policies may not contain
language, whether added by endorsement or contained
in the policy conditions, that prohibits satisfaction of any
self -insured provision or requirement by anyone other than
the named insured or by any means including other
insurance or which is intended to defeat the intent or
protection of an additional insured.
16-2.2 All policies required of CONTRACTOR must be primary
insurance as to CITY and its mayor, council, officers, agents,
employees, or designated volunteers and any insurance or
self-insurance maintained by CITY and its mayor, council,
officers, agents, employees, and designated volunteers
must be excess of CONTRACTOR's insurance and must not
contribute with it.
16.2.3 The insurance required above, except for workers'
compensation insurance, must be placed with insurers with
a Best's rating as approved by CITY's Risk Manager, but in
no event less than A-:Vll. Any deductibles, self -insured
retentions, or insurance in lesser amounts, or lack of certain
types of insurance otherwise required by this Agreement, or
insurance rated below Best's A-:Vll, must be declared prior
to execution of this Agreement and approved by CITY in
writing,
16.2.4 The insurance required in this section must be maintained
until the Scope of Work is satisfactorily completed as
evidenced by CITY's written acceptance. All policies must
provide that there will be continuing liability thereon,
INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 Page 5 of 10
3:\Putchoslt"ig\PURCFl\KIM\Agreerneni21 22
notwithstanding any recovery on any policy.
16.2.5 Full compensation for all premiums which the CONTRACTOR
is required to pay to satisfy the Basic Insurance
Requirements shall be considered as included in the prices
paid for the performance of the Scope of Work, and no
additional allowance will be made therefor or for additional
premiums which may be required by extensions of the
policies of insurance.
16.2.6 It is further understood and agreed by CONTRACTOR that
its liability to CITY will not in any way be limited to or affected
by the amount of insurance obtained and carried by
CONTRACTOR in connection with this Agreement.
16.2.7 Unless otherwise approved by CITY, if any part of the Scope
of Work is subcontracted, the Basic Insurance Requirements
must be provided by, or on behalf of, all subcontractors
even if CITY has approved lesser insurance requirements for
CONTRACTOR, and all subcontractors must agree in writing
to be bound by the provisions of this section.
17. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely
notify CONTRACTOR of third -party claims relating to this Agreement. CITY
shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall
pay on demand, all costs of notification.
18. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY
and CITY's officers, agents and employees against any and all liability,
claims, actions, causes of action or demands whatsoever against them, or
any of them, before administrative or judicial tribunals of any kind
whatsoever, arising out of, connected with, or caused by CONTRACTOR or
CONTRACTOR's employees, agents, independent contractors, companies,
or subcontractors in the performance of, or in any way arising from, the
terms and provisions of this Agreement whether or not caused in part by a
party indemnified hereunder, except for CITY's sole active negligence or
willful misconduct,
19. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties,
liabilities, obligations or responsibilities arising out of, concerning or related
in any way to this Agreement (including, but not limited to, accounts,
actions, causes of action, claims, damages, demands, liabilities, losses,
obligations, or reckonings of any kind or nature whatsoever, for
compensatory or exemplary and punitive damages, or declaratory,
- - ---- -------
INDEPENDENT CONTRACTOR'S AGREEMENT- Over $40,000 Page 6 of 10
5 A P o chasir tig\ P J RCH \KIM\ Agreements 21-22
equitable or injunctive relief, whether based on contract, equity, tort or
other theories of recovery provided for by the common or statutory law)
may be assigned or transferred by any party. Any such assignment is
prohibited and shall be unenforceable and otherwise null and void without
the need for further action by the non -assigning party or parties,
20. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate
accounting records and other written documentation pertaining to all
costs incurred in performance of this Agreement. Such records and
documentation shall be kept of CONTRACTOR's office during the term of
this Agreement, and for a period of three years from the date of the final
payment hereunder and made available to CITY representatives upon
request at any time during regular business hours.
21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to
the benefit of, and be binding upon, the parties to the Agreement and their
heirs, administrators, executors, personal representatives, successors, and
assigns.
22. CORPORATE AUTHORITY. Everyone signing this Agreement on behalf of
entities represents and warrants that they are, respectively, duly authorized
to sign on behalf of the entities and to bind the entities fully to each and all
of the obligations set forth in this Agreement.
23. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be considered as an original and be
effective as such.
24. EXECUTION. This Agreement is effective upon execution. It is the product
of negotiation, and all parties are equally responsible for authorship of this
Agreement. Section 1654 of the California Civil Code shall not apply to the
interpretation of this Agreement.
25. EXHIBITS. In the event of a conflict between the terms, conditions or
specifications set forth in this Agreement and those in exhibits attached
hereto, the terms, conditions, or specifications set forth in this Agreement
shall prevail. All exhibits to which reference is made in this Agreement are
deemed incorporated in this Agreement, whether attached.
26. FURTHER ASSURANCES. Each party shall execute and deliver such papers,
documents, and instruments, and perform such acts as are necessary or
appropriate, to implement the terms of this Agreement and the intent of
the parties to this Agreement.
27. GOVERNING LAW. The laws of the State of California will govern the validity
INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 Page 7 of 10
S:\Pui,chosii,ug\PURCH\KIM\Agreeryi(;rrts',>I 22
of this Agreement and its interpretation and performance. Any litigation
arising in any way from this Agreement shall be brought in Kern County,
California.
28. INTERPRETATION. Whenever the context so requires, the masculine gender
includes the feminine and neuter, and the singular number includes the
plural.
29. MERGER AND MODIFICATION. This Agreement sets forth the entire
agreement between the parties and supersedes all other oral or written
representations. This Agreement may be modified only in a writing
approved by the City Council and signed by all the parties.
30. NON -INTEREST. No CITY officer or employee shall hold any interest in this
Agreement (California Government Code section 1090).
31. NOTICES. All notices relative to this Agreement shall be given in writing and
shall be personally served or sent by certified or registered mail and be
effective upon actual personal service or depositing in the United States
mail. The parties shall be addressed as follows, or at any other address
designated by notice:
CITY: CITY OF BAKERSFIELD
CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
CONTRACTOR: AMERICAN INCORPORATEN
1345 N. American St.
Visalia, CA 93291
559-651-1776
32. RESOURCE ALLOCATION. All CITY obligations under the terms of this
Agreement are subject to the appropriation and allocation of resources by
the City Council.
33. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps,
photographs, and other papers, or copies thereof prepared by
CONTRACTOR pursuant to the terms of this Agreement, shall, upon
preparation, become CITY property.
INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 Page 8 of 10
S:\Puictiasirg\PURCFi\K[M\Agre(,ments 21-22
34. TAX NUMBERS.
CONTRACTOR is a corporation? Yes X NO_
(Pleasecheck one,)
[Signatures on Following Page]
INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000
5:\Purchasirig\PURCFI\KIM\Agreemetits 21 22
Page 9 of 10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date first written above.
"CITY"
CITY OF BAKERSFIELD
0
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
M
JOSHUA H RUDNICK
Deputy City Attorney
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
0
GREGG STAKALUSE
Public Works Director
COUNTERSIGNED:
.3
RANDY MCKEEGAN
Finance Director
"CONTRACTOR"
By:
Print Nann,
--- . . . ... . ...............
Title:_ ('oc)
Insurance:
INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000
S \Purchasing\ P U RCH \KIM\ A96 eernents 21-22
Page 10 of 10
%a
17777",
ADMINISTRATIVE REPORT
MEETING DATE: 2/23/2022 Consent— Bids I.
TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: 2/10/2022
WARD: Ward 2
SUBJECT: Accept bid and approve contract to Cen-Cal Construction, Bakersfield
($147,886) for Curb, Gutter and Sidewalk on Brown Street.
STAFF RECOMMENDATION:
Staff recommends acceptance of bid and approval of contract.
BACKGROUND:
Bids were solicited for curb, gutter, and sidewalk on Brown Street. Four bids were received in
response to the solicitation.
This project was bid outside the parameters of the annual contract to expedite the curb, gutter,
and sidewalk on Brown Street. The project will be completed in 28 days from beginning to
completion leaving the resources available on the annual contract for the City's maintenance
projects.
Funds are budgeted in the SB1 Fund for this project.
The four bids received are as follows:
BIDDER
AMOUNT
Cen-Cal Construction
$147,886
Bakersfield CA
DOD Construction
$152,750
Bakersfield, CA
S & B Sons, Inc.
$276,320.90
Bakersfield, CA
Griffith Company
$299,250
Bakersfield CA
Staff finds the bid submitted by Cen-Cal Construction, Bakersfield to be acceptable and
recommends approval of the contract in the amount of $147,886.
ATTACHMENTS:
Description Type
Agreement Agireeirnent
THIS AGREEMENT is made and entered into on , by and
between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein) and
J.L.PLANK INC dba CEN-CAL CONSTRUCTION (a California Corporation)
("CONTRACTOR" herein).
WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well
qualified in the field of concrete construction; and
WHEREAS, CONTRACTOR has conducted a thorough site inspection; and
WHEREAS, CITY desires to employ CONTRACTOR for curb/gutter
construction on Brown Street project ("Project" herein) as set forth herein.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and
CONTRACTOR mutually agree as follows:
1. SCOPE OF WORK. The scope of work to be performed consists, in
general, of curb/gutter construction on Brown Street (Project" herein).
1.1. The scope of work shall include all items and procedures
necessary to properly complete the task CONTRACTOR has been hired to
perform, whether specifically included in the scope of work or not. CITY and
CONTRACTOR agree all communications relating to this Agreement must be in
writing. CONTRACTOR understands and agrees that the CITY is an urban area
and underground obstructions including, without limifation, water lines, electrical
lines, sewer lines, and gas lines are inherent in any work involving subsurface
excavation. At a minimum, CONTRACTOR must contact appropriate
underground alert authorities before starting any subsurface work.
1.2. The following shall be deemed to be part of this Agreement as
if fully set forth herein:
1.2.1. Invitation to Bid No. 21-22-61
1.2.2. Special Provisions
1.2.3. Bid Security
1.2.4. Bid Proposal
CONSTRUCTION PROJECTS AGREEMENT\kb
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1.2.5. Non -collusion affidavit
1.2.6. Workers Compensation Insurance Certification
1.2.7. Statement of OSHA Compliance
1.2.8 Bidders Statement Regarding Insurance Coverage
1.2.9. Addenda (if applicable)
1.2.10. Performance and Material and Labor Bond
1.2.11. Letters of transmittal if any
1.2.12. All provisions required by law to be inserted in this
Contract whether inserted or not.
1.2.13. Current State of California DAS 140 Form (if required by
Specifications)
1.2.14. DIR PWC 100 Form
2. COMPENSATION. Compensation for all work, services or products
called for under this Agreement shall consist of a total payment NOT TO EXCEED
ONE HUNDRED FORTY SEVEN THOUSAND EIGHT HUNDRED EIGHTY SIX DOLLARS
($147,886) in accordance with the bid documents. The compensation set forth
in this section shall be the total compensation under this Agreement including,
but not limited to, all out-of-pocket costs and faxes. CITY shall pay only the
compensation listed unless otherwise agreed to in writing by the parties. Unless
otherwise required by State law, a five percent (5%) retention shall be withheld
from payments to CONTRACTOR by CITY. The five percent (5%) retention required
by the Bakersfield Municipal Code shall be released after the appropriate statutes
have expired and all liens and stop payment notices have been cleared.
3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services
rendered in accordance with the Special Provisions applicable to this Project.
4. SCHEDULING. When required by CITY in contract bid documents, or
upon reasonable notice, CONTRACTOR shall supply CITY with scheduling
documents showing all information in a form requested by CITY. CONTRACTOR's
scheduling personnel shall have experience in and be knowledgeable in
scheduling. CITY may require CONTRACTOR to supply the schedule on programs
named by CITY (Microsoft Project for example) and may require said schedules
to be undated or revised on a regular basis. CITY may require recovery schedules
if CONTRACTOR falls behind the Project schedule. CITY's review or comment on
the schedule shall not constitute acceptance thereof.
5. NO WAIVER OF DEFAULT. The failure of any party to enforce against
another party any provision of this Agreement shall not constitute a waiver of that
party's right to enforce such a provision later and shall not serve to vary the terms
of this Agreement.
CONSTRUCTION PROJECTS AGREEMENTft
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-- Page 2 of 11 Pages --
6. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in
effect or always obtain during the term of this Agreement any licenses, permits
and approvals which are legally required for CONTRACTOR to practice its
profession.
7. STANDARD OF PERFORMANCE. All work shall be performed in
conformity with all legal requirements and industry standards observed by a
specialist of the profession in California.
8. MERGER AND MODIFICATION. All prior agreements between the
parties are incorporated in this Agreement which constitutes the entire
agreement. Its terms are intended by the parties as a final expression of their
agreement with respect to such terms as are included herein and may not be
contradicted by evidence of any prior agreement or contemporaneous oral
agreement. The parties further intend this Agreement constitutes the complete
and exclusive statement of its terms and no extrinsic evidence whatsoever may
be introduced in any judicial or arbitration proceeding involving this Agreement.
This Agreement may be modified only in a writing signed by all the parties. If any
modification of this Agreement results in total compensation which exceeds Forty
Thousand Dollars ($40,000.00), such modification must be approved by the City
Council.
9. EXHIBITS. In the event of a conflict between the terms, conditions or
specifications set forth in this Agreement and those in exhibits attached hereto,
the terms, conditions, or specifications set forth in this Agreement shall prevail. All
exhibits to which reference is made in this Agreement are deemed incorporated
in this Agreement, whether attached.
10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's
sole cost, comply with all of the requirements of Municipal, State, and Federal
authorities now in force, or which may hereafter be in force, pertaining to this
Agreement, and shall faithfully observe in all activities relating to or growing out
of this Agreement all Municipal ordinances and State and Federal statutes, rules
or regulations, and permitting requirements now in force or which may hereafter
be in force including, without limitation, obtaining a City of Bakersfield business
fax certificate (Bakersfield Municipal Code Chapter 5.02) where required.
11. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1
applies to this Agreement, a contractor or subcontractor shall not be qualified to
bid on, be listed in a bid proposal, be subject to the requirements of Section 4104
of the Public Contract Code or engage in the performance of any contract for
public work, as defined in this chapter, unless currently registered and qualified to
perform public work pursuant to Section 1725.5. It is not a violation of Labor Code
CONSTRUCTION PROJECTS AGREEMENT\kb
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Section 1771.1 for an unregistered contractor to submit a bid that is authorized by
Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5
of the Public Contract Code, provided the contractor is registered to perform
public work pursuant to Section 1725.5 at the time the contract is awarded. The
prime contractor is required to post job site notices in compliance with Title 8
California Code of Regulations Section 16451. This project is subject to
compliance monitoring and enforcement by the Department of Industrial
Relations.
12. INDEPENDENT CONTRACTOR. This Agreement calls for the
performance of the services of CONTRACTOR as an independent contractor.
CONTRACTOR is not an agent or employee of the CITY for any purpose and is not
entitled to any of the benefits provided by CITY to its employees. This Agreement
shall not be construed as forming a partnership or any other association with
CONTRACTOR other than that of an independent contractor. CONTRACTOR
retains the right to control the way the services described herein are performed
and CONTRACTOR will supply all equipment, tools, materials and supplies
necessary to perform the services set forth in this Agreement.
13. INSURANCE and BONDS. In addition to any other insurance or bond
required under this Agreement, the CONTRACTOR shall procure and maintain for
the duration of this Agreement the following types and limits of insurance ("basic
insurance requirements") herein:
13.1 Automobile liability insurance, providing coverage on an
occurrence basis for bodily injury, including death, of one or more persons,
property damage and personal injury, with limits of not less than One Million
Dollars ($1,000,000) per occurrence; and the policy shall:
13.1.1 Provide coverage for owned, non -owned and hired
autos.
13.2. Broad form commercial general liability insurance, unless
otherwise approved by the CITY's Risk Manager, providing coverage on an
occurrence basis for bodily injury, including death, of one or more persons,
property damage and personal injury, with limits of not less than One Million
Dollars ($1,000,000) per occurrence; and the policy shall:
13.2.1 Provide contractual liability coverage for the terms
of this Agreement.
13.2.2 Provide unlimited products and completed operations
coverage.
CONSTRUCTION PROJECTS AGREEMENT\kb
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13.2.3 Contain an additional insured endorsement in favor
of the CITY, its mayor, council, officers, agents,
employees and volunteers.
13.2.4 All policies shall be written on a first -dollar coverage
basis or contain a deductible provision. Subject to advance
approval by the CITY, CONTRACTOR may utilize a Self -Insured
Retention provided that the policy shall not contain
language, whether added by endorsement or contained in
the Policy Conditions, that prohibits satisfaction of any Self -
Insured provision or requirement by anyone other than the
Named Insured, or by any means including other insurance or
which is intended to defeat the intent or protection of an
Additional Insured.
13.3. Workers' compensation insurance with statutory limits and
employer's liability insurance with limits of not less than One Million Dollars
($1,000,000) per accident; and the policy shall contain a waiver of subrogation in
favor of the CITY, its mayor, council, officers, agents, employees, and volunteers.
13.4. All policies required of the CONTRACTOR shall be primary
insurance as to the CITY, its mayor, council, officers, agents, employees, or
designated volunteers and any insurance or self-insurance maintained by the
CITY, its mayor, council, officers, agents, employees, and designated volunteers
shall be excess of the CONTRACTOR's insurance and shall not contribute with it.
13.5. Except for workers' compensation, insurance is to be placed
with insurers with a Best's rating as approved by CITY's Risk Manager, but in no
event less than A-: VII. Any deductibles, self -insured retentions or insurance in
lesser amounts, or lack of certain types of insurance otherwise required by this
Agreement, or insurance rated below Best's A-: VII, must be declared prior to
execution of this Agreement and approved by the CITY in writing.
13.6. Unless otherwise approved by CITY's Risk Manager, all policies
shall contain an endorsement providing the CITY with thirty (30) days written
notice of cancellation or material change in policy language or terms. All policies
shall provide that there shall be continuing liability thereon, notwithstanding any
recovery on any policy. Copies of policies shall be delivered to CITY on demand.
13.7. The insurance required hereunder shall be maintained until all
work required to be performed by this Agreement is satisfactorily completed as
evidenced by written acceptance by the CITY.
CONSTRUCTION PROJECTS AGREEMENT\kb
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13.8. The CONTRACTOR shall furnish the City Risk Manager with a
certificate of insurance and required endorsements evidencing the insurance
and bonds required. The CITY may withdraw its offer of contract if certificates of
insurance and endorsements and bonds required have not been provided as
required by the Special Provisions.
13.9. Full compensation for all premiums which the CONTRACTOR is
required to pay on all the insurance described herein shall be considered as
included in the prices paid for the various items of work to be performed under
the Agreement, and no additional allowance will be made therefor or for
additional premiums which may be required by extensions of the policies of
insurance.
13.10. If is further understood and agreed by the CONTRACTOR that
its liability to the CITY shall not in any way be limited to or affected by the amount
of insurance obtained and carried by the CONTRACTOR in connection with this
Agreement.
13.11. Unless otherwise approved by the CITY, if any part of the work
under this Agreement is subcontracted, the "basic insurance requirements" set
forth above shall be provided by, or on behalf of, all subcontractors even if the
CITY has approved lesser insurance requirements for CONTRACTOR.
13.12. CONTRACTOR shall provide performance, labor, and material
bonds in amounts and in a form suitable to the CITY. CITY shall approve in writing
all such security instruments prior to the commencement of work on the Project.
14. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will
timely notify CONTRACTOR of third -party claims relating to this contract. CITY shall
be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on
demand, all costs of notification.
15. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold
harmless CITY, its officers, agents and employees against any and all liability,
claims, actions, causes of action or demands whatsoever against them, or any of
them, before administrative orjudicial tribunals of any kind whatsoever, arising out
of, connected with, or caused by CONTRACTOR, CONTRACTOR's employees,
agents, independent contractors, companies, or subcontractors in the
performance of, or in any way arising from, the terms and provisions of this
Agreement whether or not caused in part by a party indemnified hereunder,
except for CITY's sole active negligence or willful misconduct.
CONSTRUCTION PROJECTS AGREEMENT\kb
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16. TERMINATION. This Agreement may be terminated as set forth in the
Special Provisions for this Project. If no termination clauses are included in the
Special provision this Agreement may be terminated for CONTRACTOR default.
The following circumstances shall be deemed a CONTRACTOR default: 1) a
material breach of the contract where CONTRACTOR fails to cure said breach
within ten (10) days of notice from CITY. If said breach cannot reasonably be
cured within ten (10) days CONTRACTOR must have taken significant steps to cure
said breach including, without limitation, providing a written plan acceptable to
CITY to cure the default and immediately commencing to cure the default; 2)
violation of any law, statute, regulation, rule, ordinance, permit or order of any
governmental agency by CONTRACTOR applicable to the Project and where
CONTRACTOR does not cure said violation within ten (10) days of the date of the
notice of violation or notice from CITY demanding a cure, whichever is earlier; 3)
CONTRACTOR makes an assignment for benefit of creditors, admits an inability to
pay debts, files a petition in bankruptcy or is otherwise determined bankrupt or
insolvent; 4) CONTRACTOR fails to adequately respond in writing to CITY's written
demand for adequate assurances. CONTRACTOR must respond to CITY'S
demand for adequate assurances within ten (10) days in writing with all necessary
information to assure CITY that CONTRACTOR has the financial and other
necessary resources to perform the contract without breach. All information
requested by CITY shall be supplied or CONTRACTOR will be in material breach of
this Agreement.
16.1 In the event of termination by CITY as set forth above,
CONTRACTOR shall remain fully liable for any work not completed, liquidated
damages, delays by follow up contractors, materials and equipment provided,
designs commenced through the date of termination, and consequential
damages. CONTRACTOR will immediately deliver to CITY possession of the work
including all designs, engineering, project records, cost data, drawing
specifications and contracts, and construction supplies and aids dedicated solely
to performing the work. CONTRACTOR shall assign all subcontracts to CITY;
however, CITY may accept or reject said subcontracts at its sole discretion.
16.2. CITY and CONTRACTOR agree that should CITY's termination
for cause be determined by a court of law to be wrongful or without cause, such
termination will be treated as a termination for convenience entitling
CONTRACTOR to an equitable settlement for claims and liabilities outstanding at
the date of termination and reasonable compensation for work performed to the
date of termination. No other compensation shall be due CONTRACTOR for
termination for convenience.
17. REMEDIES. The remedies provided in this Agreement are cumulative
and are in addition to any other remedies in law or equity which may be available
CONSTRUCTION PROJECTS AGREEMENT\kb
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to CITY. The election of one or more remedies shall not bar the use of other
remedies unless the circumstances make the remedies incompatible.
18. SITE INSPECTION. CITY shall be allowed to inspect the construction
site at any time and CONTRACTOR shall make all areas of the construction site
available to inspection including, without limitation, any construction trailers or
offices at the site and all plans, drawings, documents, schedules, photographs,
and other documentation relating to the Project.
19. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop
notices or liens to be filed on the project, and shall pay all costs and fees to CITY,
including without limitation attorney's fees, incurred by CITY because of the filing
of any such stop notice, lien or legal action relating thereto. CONTRACTOR
agrees CITY may withhold from any funds held by CITY concerning the project
amounts sufficient to cover costs and fees, including without limitation attorney's
fees, incurred by CITY because of the filing of any stop notice, lien, or legal action
relating thereto.
20. EXECUTION . This Agreement is effective upon execution. If is the
product of negotiation, and all parties are equally responsible for authorship of
this Agreement. Section 1654 of the California Civil Code shall not apply to the
interpretation of this Agreement.
21. NOTICES. All notices relative to this Agreement shall be given in
writing and shall be personally served or sent by certified or registered mail and
be effective upon actual personal service or depositing in the United States mail.
The parties shall be addressed as follows, or at any other address designated by
notice:
CITY: CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
1600 Truxfun Avenue
Bakersfield, California 93301
(661) 326-3724
CONTRACTOR: J.L. PLANK INC.
D. CEN-CAL CONSTRUCTION
34762 Lencioni Avenue
Bakersfield, CA 93308
661-399-3759
CONSTRUCTION PROJECTS AGREEIVIENT\kb
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-- Page 8 of 11 Pages --
22. GOVERNING LAW. The laws of the State of California will govern the
validity of this Agreement, its interpretation and performance. Any litigation
arising in any way from this Agreement shall be brought in Kern County, California.
23. ASSIGNMENT. Neither this Agreement nor any rights, interests,
duties, liabilities, obligations or responsibilities arising out of, concerning or related
in any way to this Agreement (including, but not limited to, accounts, actions,
causes of action, claims, damages, demands, liabilities, losses, obligations, or
reckonings of any kind or nature whatsoever, for compensatory or exemplary and
punitive damages, or declaratory, equitable or injunctive relief, whether based
on contract, equity, fort or other theories of recovery provided for by the common
or statutory law) may be assigned or transferred by any party. Any such
assignment is prohibited and shall be unenforceable and otherwise null and void
without the need for further action by the non -assigning party or parties.
24. BINDING EFFECT. The rights and obligations of this Agreement shall
inure to the benefit of, and be binding upon, the parties to the contract and their
heirs, administrators, executors, personal representatives, successors, and assigns,
and whenever the context so requires, the masculine gender includes the
feminine and neuter, and the singular number includes the plural. This Agreement
may be executed in any number of counterparts, each of which shall be
considered as an original and be effective as such.
25. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps,
photographs, and other papers (including, but not limited to, computer or
electronic data), or copies thereof prepared by CONTRACTOR pursuant to the
terms of this Agreement, shall, upon preparation, become the property of the
CITY.
26. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate
accounting records and other written documentation pertaining to all costs
incurred in performance of this Agreement. Such records and documentation
shall be kept at CONTRACTOR's office during the term of this Agreement, and for
a period of three (3) years from the date of the final payment hereunder and said
records shall be made available to CITY representatives upon request at any time
during regular business hours.
27. CORPORATE AUTHORITY. Everyone signing this Agreement on behalf
of entities represent and warrant that they are, respectively, duly authorized to
sign on behalf of the entities and to bind the entities fully to each and all of the
obligations set forth in this Agreement.
CONSTRUCTION PROJECTS AGREEMENT\kb
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28. TAX NUMBERS.
CONTRACTOR's Federal Tax ID Number 45-2749617
CONTRACTOR is a corporation? Yes, X No
(Please check one.)
License Number 962895
Expiration Date 6/30/2022
License Classification A
30. NON -INTEREST. No officer or employee of the CITY shall hold any
interest in this Agreement (California Government Code section 1090).
31. RESOURCE ALLOCATION. All obligations of CITY under the terms of this
Agreement are subject to the appropriation and allocation of resources by the
City Council.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first -above written.
"CITY"
CITY OF BAKERSFIELD
By:
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
0
JOSHUA H RUDNICK
Deputy City Attorney
"CONTRACTOR"
J.L. PLANK INC.
Dba CEN-CAL CONSTRUCTIO1
By:/
P R I I�"I AOM E; 9'61'A; tiL. tit
V
Title: &LAAL
Insurance:
CONSTRUCTION PROJECTS AGREEMENT\kb
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Oct 21, 2021
-- Page 10 of 11 Pages --
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
GREGG STRAKLUSE
Public Works Director
COUNTERSIGNED:
ml."k O e.
Finance Director
CONSTRUCTION PROJECTS AGREEMENT\kb
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%a
17777",
ADMINISTRATIVE REPORT
MEETING DATE: 2/23/2022 Consent— Bids m.
TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: 2/11 /2022
WARD:
SUBJECT: Accept bid from Kambrian Corporation ($40,272.16) for ManageEngine
Annual Subscriptions for the Technology Services Department.
STAFF RECOMMENDATION:
Staff recommends acceptance of bid.
BACKGROUND:
Bids were solicited for ManageEngine annual subscriptions for the Technology Services
Department. Two bids were received in response to the solicitation. Three bids received after
the bid deadline were returned unopened and cannot be considered. The two responsive bids
are listed below.
ManageEngine Desktop Central is a centralized administration tool used by Technology
Services to enhance the ability to provide services. In addition to other features, the software tool
reduces the time it takes to prepare new computers, laptops, tablets, and other devices via
templates and images, provides reports on hardware and software deployed to City staff so
inventory and licensing renewals can be conducted regularly for lifecycle management.
Funds are budgeted in the Equipment Management Fund for this purchase.
The two responsive bids are as follows:
BIDDER
AMOUNT
Kambrian Corporation, West Covina, CA
$40,272.16
Zones LLC, Cerritos, CA
$44,476.13
Staff finds the bid submitted by Kambrian Corporation in West Covina, California to be
acceptable.
%a
17777",
ADMINISTRATIVE REPORT
MEETING DATE: 2/23/2022 Consent— Miscellaneous n.
TO: Honorable Mayor and City Council
FROM: Gregg Strakaluse, Public Works Director
DATE: 1 /20/2022
WARD:
SUBJECT: Appropriate $45,000 inspection fee revenue to the Public Works
Department operating budget within the Development Services Fund for
inspection of fiber optic cable installation by Verizon/MCI .
STAFF RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
HP Communications, a subcontractor for Verizon/MCI Metro is installing underground conduit for
fiber optic cable at various sites throughout Bakersfield. This project requires a construction
inspector for 8 hours a day, 5 days a week. The City does not have staff available to work
exclusively on a single project for the time required.
Verizon/MCI Metro has agreed to reimburse the City for an outside contractor to perform
construction inspection services. The City has an existing agreement with AECOM Technical
Services, I nc, to perform construction inspection services when construction staff is not
available.
This item appropriates $45,000 inspection fee revenue paid by Verizon/MCI Metro to cover
increased operating costs within the Public Works Department's operating budget in the
Development Services Fund to pay an outside contractor to perform construction inspector
services.
%a
17777",
ADMINISTRATIVE REPORT
MEETING DATE: 2/23/2022 Public Hearings 9. a.
TO: Honorable Mayor and City Council
FROM: Christian Clegg, City Manager
DATE: 2/16/2022
WARD:
SUBJECT: Third Public Hearing regarding Redistricting Ward Boundaries. Will be
heard at 6:00 p.m. pursuant to California Elections Code Section
21628(c)
STAFF RECOMMENDATION:
Staff recommends Council comment and to provide staff direction.
BACKGROUND:
Under the Bakersfield City Charter Chapter 11.1 and pursuant to the California Elections Code,
following each decennial federal census, and using that census as a basis, the City Council is
required to adjust the City Council ward boundaries so that the council wards are nearly equal in
population.
The Bakersfield City Council will be hosting its third public hearing on the Ward Redistricting
process as an item on the City Council's regular meeting agenda. Per the California Elections
Code section 21627.1 (d):
"If a public hearing is consolidated with a regular or special meeting of the council that
includes other substantive agenda items, the public hearing shall begin at a fixed time
regardless of its order on the agenda, except that the council may first conclude any item
being discussed or acted upon, including any associated public comment, when that time
occurs. The time of the public hearing shall be noticed to the public."
This hearing has been noticed to begin at 6:00 p.m. The presentation will be given by City staff
and includes an overview of the City's ward redistricting process to date.
Staff recommends Council comment and to provide staff direction. The public hearing is an
opportunity to receive comments from the City Council and the public regarding the ward
redistricting process and draft map.
Public comments regarding the ward redistricting process can be submitted at any time outside
of a public hearing setting by any of the means available on the City's redistricting
website: https://www.bakersfieldcity.us/819/Ward-Redistricting including by e-mail, online survey,
mail, phone, or appointment.
ATTACHMENTS:
Description
Type
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From: Jasmine Kaur <jasmine@jakara.org>
Sent: Thursday, February 10, 2022 5:40 PM
To: Redistricting
Cc: Harveen Kaur; Manpreet Kaur
Subject: Re: City of Bakersfield - Redistricting Process
Good afternoon Brianna,
Thank you for reaching out! After careful consideration of the current proposed maps uploaded to the redistricting
website, we see that the map proposed by DHF, Equitable Map Coalition map best keeps the Sikh religious community
whole. In this map, our communities are kept whole in districts 4, 5, and 7.
Again, thank you so much for reaching out!
F& 7d Jasmine Kaur
Civic Engagement & Redistricting Co -Lead I ''drov e ry t�" T i t
(209) 417-6228 1 masmine@makarg.org
Jakara Movement
www.jakara.orci
On Thu, Feb 3, 2022 at 10:28 AM Redistricting <redistricting@bakersfieldcity.us> wrote:
Good morning all,
I hope you are all well. I am reaching out because the City is interested in receiving community of interest feedback
from the Sikh religious community. I remember the e-mail below that your organization would be interested in
submitting a community of interest map. That information would be greatly helpful to us as we introduce draft maps
for Council to consider. It would be best if we had this information by February 11 to give our demographic consultant
time to incorporate it before the February 23 hearing. That is only a suggested deadline and I understand it may take
time to compile that information.
Please let me know if I can be of any assistance. I look forward to hearing from you.
Thank you,
Brianna
Brianna Carrier
From:
Sent:
To:
Subject:
City -Clerk
Friday, February 4, 2022 4:52 PM
Redistricting
FW: Accessibility to Bakersfield Ward Redistricting
Julie Drimakis, CEO C, MMC I City Clerk
City of Bakersfield
email: °dnirnalkiis a bakersfiielldciL ..us
web: www Ibalkeirsfi lld6t us
phone: 661-326-3073
From: Luis Huerta <LHuerta@commoncause.org>
Sent: Thursday, February 3, 2022 2:15 PM
To: City_Clerk <City_Clerk@bakersfieldcity. us>
Cc: Kate Im <kateim@berl<eley.edu>; Alesandra Lozano <alozano@commoncause.org>
Subject: Re: Accessibility to Bakersfield Ward Redistricting
Dear Bakersfield City Clerk Drimakis,
My name is Luis Huerta-Silva, I am the Central Valley Redistricting Organizer with California Common Cause, a
nonpartisan, grassroots organization dedicated to upholding the core values of American democracy. We have
played a key role in bringing fair redistricting to California communities by passing both statewide and local
reforms to make redistricting more transparent, independent, inclusive, and accessible. We are writing to
request that the City of Bakersfield increase the accessibility of ward redistricting hearings by holding hybrid
meetings (meetings with both an in -person and virtual option).
According to Election Code §21608(a):
"The council shall take steps to encourage residents, including those in underrepresented communities and
non-English speaking communities, to participate in the redistricting public review process. A good faith effort
satisfies the requirements of this subdivision."
In the midst of an ongoing global pandemic, no one should have to choose between participating in local
democracy and protecting the health of themselves and their families. Holding hybrid hearings will allow more
Bakersfield residents to participate in the redistricting process safely and will likely increase participation
among diverse groups. Rural communities in particular would benefit from the added option to attend and
participate in redistricting hearings remotely - saving them a long commute to City Hall.
We know that Bakersfield is capable of implementing a hybrid model because the city conducted the
December 8, 2021 redistricting workshop in this manner. Expanding access to the redistricting process by
adding a virtual option to hearings will increase participant diversity and will ensure that all residents have a
genuine chance to meaningfully engage with this once in a decade process.
We urge Bakersfield City to implement the above recommendation as soon as possible. Please don't hesitate
to reach out to us with further questions.
Sincerely,
I.uJs➢L7.11.u. in �Sil a
Central Valley Redistricting Organizer
C: 559.967.5733 i E: Lhuerta@commoncause.org
'inIo
caum
fl"R'l— .�x
Webssite. 1.7ace.book i im ine:r i C sta.gmm
RECEIVED, AND PLACED ON FILE AT
COUNCIL, MEETING OF
B'Y:_Lb(1 jOA
Equitable Maps Coalition loteractive WebMap: I.L11
.1. Mij�_ L A),
000
7
IN. *1 #11 . 1111 W 11. 1 111,
11811, 1111,
Iffy,
California FAIR MASS Act (2019) �LVJII &VU1
1. Equal Fopullation (Low Devi Lion, recommelld
as close to zero as possible)
2. Compliance with Voting Rights, Acts, (VRA,)
. . . . . . ................. . . ............ ..
4,
5 Geographic blegrily,
6, EAsily Iderlifiable by Residents
T Compactness
No partisam favoMism v discrimination.
,(SMC Interpretation, No Incumbent Residenc,0
Enfyi( ge Public Participation in Good Faith
Bottom Ujno,
VRA Effectivoness Met-fics for
Constitutionally Protected Classes:
Total Population
Citlizen Voting Age Population (CVAP)
Voter Registration
(at least 50%)
Voter Turnout
Eftkoc,goveness fRpof fms myy no(id rr,� �my qs� wwo,
fivill, Udmo to Ruml Afthuenr ?,a Ffigh FbtwOy
We Respectfully Request:
I- Shapeffles for all proposed, maps (from your demographer consult�ant)
2. it Boundary fines from bloth present day and Aprill, 2020
3, 10-15, m4nutes for map authors to presenitheir rnaps at hearing
4, Remote/ Zoom anal call -in padicipation options for redistricting heannqs
5. Read aloud fedistrictier g e-mail commients,
6, IndividLiall City Countilmember e-mafl addresses,
Need more informationontact Lori Pesaille Ltn) a,!s or join the next E M C
Meeting on Wednesdays ait 7pm- To get UnK, oontac:t Eliars a Honeymoult ,e�j,!,;,I,a
From: Jacob Evans <mr jacob.evans@gmail.com>
Sent: Wednesday, February 2, 2022 8:12 PM
To: Redistricting
Subject: Re: Remote participation
Thank you, Brianna, for your reply.
I happen to know a thing or two about statutory interpretation, so thank you for the specific reference. If I'm not
mistaken, GC 54953 has been in effect far longer than 4 months. But the recent amendments appear pretty
unequivocally to improve and encourage teleconferencing, rather than hamper it. (E.g., 54953(b)(1): "Notwithstanding
any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public
and the legislative body of a local agency in connection with any meeting or proceeding authorized by law." [Emphasis
added].) In fact, it seems to do so expressly for the reasons I mentioned in my original email. Perhaps the City Attorney
can provide more insight to the Council on how to implement democracy in the City of Bakersfield. The Brown Act (GC
54950 et. seq.) has been around since 1961, 1 think. I'm quite confident they can capably interpret the plain language of
the statutes.
So, it's unfortunate that despite this solid authority, "the City has not sought to avail itself of teleconferencing." It seems
that "the City" might consider taking action, say through its City Council perhaps, to do this pursuant to law, instead of
seeking to strategically exclude participation. I would hope that the City is not too myopic to recognize that greater
participation, not lesser, is the heart of a democratic republic such as California and our United States, Bakersfield
included.
It is, however, unfortunate that the City does not have the technology available to perform the function of governance.
The City appears to have adequate technology to capture and store videos of numerous felonies committed by its law
enforcement officers, and to help the Department of Justice to evaluate our sustained, systematic, coordinated, and
record -setting violent subjugation of members of minority groups who live within the City. Perhaps there isn't funding
for more technology, but that seems unlikely since we have adequate funding to throw multiple parades for violent
police dogs (if I'm not mistaken, the billboard said that the dog's name was Jango, like the fictional, ruthless, secretive
bounty hunter).
Instead, it appears like the City's response is "sorry, not sorry; we don't want to." As I said, that's unfortunate.
Please share my concerns with my government. Evidently, I can't safely do so myself.
On a more personal note, Brianna, thank you for your hard work in a difficult job. Confrontation can be exhausting, but
remember that sometimes the hardest conversations are the most important and rewarding ones.
Take care,
-Jacob Evans
On Feb 2, 2022, at 12:51 PM, Redistricting <redistricting@bakersfieldcity.us> wrote:
Good afternoon,
Thank you for your comment.
Given the practical and legal issues under AB 361(Government Code Section 54953, which became
effective October 1, 2021), the City has not sought to avail itself of teleconferencing. In addition, the
City does not have the technology available to meet the legal requirements to provide remote access to
the public in a manner that facilitates effective and efficient public meetings.
Regards,
Brianna
From: Jacob Evans <mr.jacob.evans@gmail.com>
Sent: Tuesday, January 18, 2022 3:21 PM
To: Redistricting <redistricting@bakersfieldcity.us>
Subject: Remote participation
I have lived in Ward 7 for 13 years. I am disheartened to learn that the City Council is now preventing
remote participation in its sessions. This reduces accessibility to our local government, tends to select
for participation by one group of voters at the expense of another, and completely fails to engage in
public participation in good faith as the council addresses the vital issue of redistricting. There is no
legitimate justification for preventing remote participation, even if you choose to also allow in -person
participation. Please reconsider this oppressive and undemocratic tactic.
Jacob Evans
Mr.Jacob.Evans@gmail.com
(he/his; why I include this & usage
From: City -Clerk
Sent: Monday, January 31, 2022 4:49 PM
To: Christian Clegg; Brianna Carrier
Subject: FW: Constitutional Invocation, Local Bakersfield Elections, Recompense.
I think the comments below apply to redistricting and voting by districts.
Julie Drimakis, CP C, MMC I City Clerk
City of Bakersfield
email: °driirnalkiis d bakersfiielldciL ..us
web: www Ibalkeirsfi(ll(J61 us
phone: 661-326-3073
From: Fred Schermer <vredesf@pacbell.net>
Sent: Friday, January 28, 2022 5:51 PM
To: bakersfield mayor <mayor@bakersfieldcity.us>; City_Clerk <City_Clerl<@bal<ersfieldcity.us>;
elections@kerncounty.com
Cc: gavin.newsom@gov.ca.gov; secretary.weber@sos.ca.gov; governor@governor.ca.gov
Subject: Constitutional Invocation, Local Bakersfield Elections, Recompense.
To whom this may concern,
On behalf of eligible Bakersfield voters and with this electronic letter, I am invoking the US Constitution,
requiring the City of Bakersfield to abort using the separate -but -equal format for its local elections that violates
the rights of voters according to the highest document in the nation.
In the US Constitution, three groups receive powers: the Federal government, the State governments
respectively, and the People. No third level of government is mentioned in the US Constitution, whereas this
document must be followed fully by third -level governments such as the City of Bakersfield.
Local governments using a separate -but -equal format have been forced by judges to abandon that practice in
the past. Currently, the City of Bakersfield is engaged in segregating people in wards first and subsequently
declares the outcomes of elections held in these wards as equal outcomes. As such, the City
of Bakersfield oversteps its authority and already a single person invoking the US Constitution makes the City
of Bakersfield aware of it conducting elections in violation with the highest document of the nation.
The inferior nature of District Voting is, for instance, visible in the compounding of majority rule on top of
majority rule. First, the majority of voters in a ward picks a candidate to represent the entire collective of
voters, and subsequently the majority of the combined group of these representatives suffices to make
all Board decisions. As such, a minority expression is often the result, yet falsely presented as if it were
the will of the majority of the people. In sharp contrast, majority rule in Proportional Voting is
not compounded and occurs just once and reflects therefore most optimally the majority of the voters in
the decision making process.
The minimum guarantee that voters are represented in District Voting is 50 percent plus one vote,
establishing a majority that picked the representative. In sharp contrast, the minimum guarantee that
voters are represented in Proportional Voting by their own choice, in this case with seven voting
members, is 87.5 percent, a difference of 37.5 percent. Multiply, for instance, both percentages by the
smallest majority decision of just four Council members (which is 57.14 percent). District Voting
guarantees to deliver then a decision in favor of 28.57 percent of the voters (.5 x .5714), whereas
Proportional Voting guarantees to deliver then a decision in favor of exactly 50 percent of the voters
(.875 x .5714). These are the bottom guarantees and a stunning gap becomes visible in the flawed
District Voting system in place today that must be overcome.
• To end up with a majority decision on the current City Council being supported by the majority of
segregated voters in districts requires, in one example, that each candidate won their seat on average
with 71 percent plus that all decisions are made on average with the support of five out of seven voting
members. Then, and only then did the political decision receive the support by the majority of voters.
That is a far cry of how a democracy is intended to function.
In the electronic letter attached below to political science professors at UCLA, you can read other reasons why
District Voting operates at an inferior level.
The demand is that the City of Bakersfield conducts elections for all seats in a single election in which each
voter is given a single vote to indicate their preferred candidate to represent them. No other form of conducting
elections comes close to optimizing voter representation as delivered with Proportional Voting; it is the better
voting system.
This Invocation functions as a marker to time stamp the moment the City of Bakersfield was made aware that
their separate -but -equal election format conflicts with the Bill of Rights, to be used by plaintiffs in the future
when the City government knowingly continues to hold elections in ward format. Financial recompense can
then be asked by any and all eligible voters in Bakersfield when the City government does not adjust its
election format in a reasonable amount of time. One election cycle is considered a reasonable amount of time
to adjust to the proper voting system, particularly since Proportional Voting uses the simplest format possible
for holding elections.
Please note that Governor Newsom and Doctor Weber, California Secretary of State, Political Reform Division,
are cc:d on this Invocation. This Invocation does not apply to elections held by the State, yet they are notified
because the City of Bakersfield not only assumed powers from the realm of the People, as provided to the
People in the US Constitution, but also assumed powers from the realm of the State. As such, State officials
have a role to play in ensuring that the local level follows the US Constitution and that the separate -but -equal
element is removed from local elections throughout the State. As such, the State of California may become a
legal entity from which any and all eligible voters in the State of California can seek recompense as well.
Many political science professors across the nation have been contacted, such as with the electronic letter
shown below. Up to date, no legally negative replies have been received, while positive replies and requests
for further information were received, ranging from acknowledging that the voters may indeed have a higher
standing than Cities in this matter to those desiring all governmental elections be improved. Again, the voters
are requesting just the adjustment of local elections with this Invocation. Some replies did mention sincere
reservations, but in the replies the professors were not able to point to anything other than rules and
regulations of a lesser stature than the US Constitution. In your region, political science professors have been
contacted in Los Angeles and San Diego. They would be a good source for the City of Bakersfield to
investigate this matter, which can be seen as a first sign that this issue of systematic voter infringement is
taken seriously. The professors are aware that California cities in the region are being contacted with this letter
below addressed to them attached to the Invocation and they have been made aware that you could contact
them.
I'd appreciate it if you can send a confirmation of receipt of this electronic letter.
January 28, 2022 will be shown in publications on the internet as the date that the City of Bakersfield was
notified. The website that I will update regularly is:
https://fred-rick.medium.com/citizens-invoking-the-us-constitution-325cl729088l
An example of Proportional Voting is provided there as well, in this case for a city with eight council seats.
With my highest regards,
Fred -Rick Schermer
Begin forwarded message:
From: Fred Schermer <vredesf(o)pacbell.net>
Subject: A question of following the Constitution.
Date: December 29, 2021 at 7:38:38 PM PST
To: segura(a)luskin.ucla.edu, pagden(apolisci.ucla.edu, barretom(a)-ucla.edu,
iblewis(a�polisci.ucla.edu, Ifrasure(apolisci.ucla.edu, sciames(@ucla.edu, nmasuoka(a).ucla.edu,
orrenaucla.edu, perezeoa-ucla.edu, ctausanovitch(cDpolisci.ucla.edu, vavreck(amac.com,
kbawn(abpolisci.ucla.edu, graeme.blaira-ucla.edu, michael(a�chwe.net, chazlett(cDucla.edu,
liohns(@Polisci.ucla.edu, lohmann(a)ucla.edu, barry.oneill(a�polisci.ucla.edu, rtrager(a)ucla.edu,
dienstag(a.polisci.ucla.edu, kmmac(a)polisci.ucla.edu, davidepanagia(a)ucla.edu,
sissa(a)polisci.ucla.edu, czm(a)ucla.edu
Cc: dthompson(a)polisci.ucla.edu
Professors,
The Tenth Amendment hands out remaining legal powers to the states respectively, and to the
people. Cities and counties are not mentioned anywhere in the highest document of the nation.
The point to note is that, while the people received an empowered status, cities and counties did
not. This position is used to invoke — by sending a notification to cities — that cities must abide
to the US Constitution and are legally required to abandon separate -but -equal voting districts.
This is a quick introduction that needs further unpacking.
Starting with a first question that I hope you will answer is whether it is correct to declare that
per that highest document in the nation, cities and counties are carved out from the realms of
state and people. Though the functioning of a government is obviously of a different status than
just people existing by themselves, the US Constitution describes no third -level government,
other than the entire document applying to this governmental entity. I am aware that the
assumption is that cities are state entities, yet the realm of the city entity is more complex than
just being a state's servant. A municipality has to a good extent independent powers, and
believe it is correct to note that these include powers that are given to the people in the US
Constitution.
The US Constitution is an articulated document because the Founding Fathers had to bend to
the will of the 13 Colonies and make them separate and equal to one another. I believe they
struggled with this quite a bit because it is not what an enlightened form of government entails.
They had to accept, and as such we find separate -but -equal in the highest document of the
nation, but only in the specific context of the then 13 States and their Union.
Next, the Founding Fathers worked truly hard to ensure the enlightened ideals they specifically
desired for our nation made it into the US Constitution as well. This is commonly known as the
Bill of Rights. As we know, separate -but -equal is or was often put in place and yet in various
instances it has been struck down as illegal (for the lower levels of government). The articulation
of the highest document of the nation is therefore an allowing of separate -but -equal for states at
the federal level, and a disallowing of separate -but -equal in other cases, most clearly at the
local levels.
Eligible voters can therefore invoke the US Constitution when their local government has a
voting system in place that conflicts with the Bill of Rights. They cannot make the same stand in
light of state or federal levels. It is only with the not -empowered cities (per the Constitution) that
individuals are enabled to demand (!) that cities follow the US Constitution's Bill of Rights and
abandon separate -but -equal voting districts.
Citizens of various major US cities, currently in two states, have served their city officials an
Invocation in December of 2021, with more to follow, requiring their local governments to cease
holding elections in a separate -but -equal manner, as ruled unconstitutional for other local
matters.
By segregating voters into districts, and only then declaring these voters each other's equals,
municipalities violate the US Constitution. Note again how this addresses just the local level and
not any state or federal voting format.
Because no voter in the past has notified municipalities of this violation, cities cannot be blamed
for past occurrences. Yet now they are receiving notifications. Eligible voters are planning on
suing these cities for financial recompense when they do not hold their next election according
to the law of the land.
That brings me to questions two and three if you agree that voting in districts uses indeed a
format of separate -but -equal from a legal perspective and is therefore not allowed for local
governments, and if you agree that it is reasonable to ask for financial compensation as a
means to ensure a municipality complies with the law of the land.
I am not certain if you are familiar with the other voting system, but Founding Father Thomas
Jefferson already devised the first ever Proportional Voting system. Its intrinsic format makes it
enlightened, whereas district voting can be declared old-fashioned. I will give you two quick
examples that show why voters are harmed by District Voting.
• In Proportional Voting, all best candidates are selected and they receive a seat. In
District Voting, however, the two best candidates in the entire city may end up running
against each other. The second best representative in town is then tossed out. That
simply never happens in Proportional Voting.
In Proportional Voting, all worst candidates simply do not make it to the city council. In
District Voting, however, some districts may have nothing but undesired candidates. The
voters are not given the chance to boot them all out. One of them is going to make it into
a seat.
As such, the District Voting system delivers an inferior outcome. Ceterus paribus, the average
representative is of a lower stature in District Voting than the average representative selected
via the Proportional Voting method. I believe this is reason enough for any voter to request
recompense from a city especially when city officials are notified they are using an inferior
voting system and yet sit on their hands not improving the situation. There are many other good
arguments that show why District Voting is an inferior system. Any system using systematic
separations among voters is automatically inferior to the voting system without the systematic
separations. In prior rulings about separate -but -equal, local governments were instructed to
use the better system when indeed available; they had no choice in the matter.
Professors,
This is not about voting at any other level than the local level. Federal election formats are to
some extent described in the US Constitution in detail. State elections exist in a US
Constitutional realm that can be declared as being one of their own. Cities are not given state
powers per the highest document in the nation nor were states given the power to hand US
Constitutional powers to others.
I have contacted many other political science professors (including the one at my Alma Mater)
and I received positive replies only. I did not receive negative replies. Of interest to mention, in
order to be complete in describing the replies, some professors did not think this was going far
enough and desired reform at all governmental levels. While I can understand that, my primary
goal is to discover the exact nature (if available) of this specific nexus where local governments
are not given US Constitutional powers whereas the voters are given these powers, and where
separate -but -equal has no place in the local lives of US citizens.
I am hoping to receive a solid reply at least from some of you. I do not mind if the solid reply
includes the notion of not knowing with certainty.
My highest regards,
Fred -Rick Schermer,
Representing eligible voters who have or who will invoke their US Constitutional powers and are
seeking recompense in the near future if their rights are not honored.
From: Lori Pesante
To: City Council; Christian Clegg; Brianna Carrier; City Clerk
Cc: Paul Mitchell; Jonathan Mehta Stein; Julia Gomez; Cynthia Valencia
Subject: REQUEST FOR RESPONSE: City of Bakersfield Redistricting
Date: Sunday, January 30, 2022 7:16:59 PM
Esteemed Councilmembers, City of Bakersfield,
On behalf of the Kern Equitable Maps Coalition (EMC), I write to consolidate several
requests, some being reiterated for a 3d time now, regarding the City of Bakersfield's
Redistricting Process. To the extent that we are requesting specific items that can be sent via
e-mail, we would like to receive them no later than this Friday, February 3, 2022.
As is common practice, we have cc'd your demographer consultant to make them aware of
requests 1 & 2 as these are mapping files that require the use of their specialized mapping
software.
We also cc ACLU SoCal and California Common Cause because of the process issues we
observed at recent redistricting meetings. Remote Zoom participation was an option in
December but was removed without notice for the hearing in January. Also, limiting comment
to either 2 minutes in -person or e-mail that is never read into the record at hearing puts people
in danger by requiring their physical presence to truly be heard and seems not to be in the
spirit of "engaging public participation in good faith" as is required by the CA FAIR MAPS
Act (2019).
We must take this process and Bakersfield's recent sky-high COVID case and death rates very
seriously. I strongly urge this Council to allow easily -implemented remote participation
options like Zoom to the next Hearing on February 23d.
We Respectfully Request:
1. Shapefiles of all community and city -proposed maps
2. City Boundary Files, both present day and on April 1, 2020
3. 10-15 minutes to present EMC Maps/ PPT at the next Redistricting Hearing on Feb 23d
4. Zoom Participation option with Public Comment via "Hand Raise" as was allowed in
December.
5. Use of a more appropriate redistricting educational presentation that clarifies Voting Rights
Act obligations, does not inappropriately conflate Protected Classes with non -protected class
COIs, and clearly shows the hierarchy of redistricting criteria as stated in the CA FAIR MAPS
Act (2019).
6. Read aloud into the record all E-mail Public Comments received up until the close of
business on the day of the hearing.
7. Post in a timely manner and maintain online for the next 10 years all community of interest
input and redistricting public comments including all videos of hearings.
Thank You In Advance,
Lori Pesante
Lori B. Pesante, J.D.
Pronouns: she/her/ella
u:(661)204'0843
u:POBox 2087
Bakersfield, CAQ3303
Click Here toGet Involved!
From: Marta Benavides <martabenavides08@gmail.com>
Sent: Wednesday, January 19, 2022 2:02 PM
To: Redistricting
Cc: Eliana Honeycutt
Subject: Public Comment Redistricting Hearing - TO BE READ ALOUD AT THE 1/19 5:30 PM HEARING
My Name is Martha Benavides. I live in Bakersfield, Kern County, California,
and I request that this Council follow:
1) the FAIR MAPS Act and engage public participation in good faith by allowing remote real-time public comment during
redistricting hearings
2) That this Council draw three (3) wards that have majority Constitutionally Protected Class Eligible Voter Population
(CVAP) as required by the Voting Rights Act.
From: Anjali Tierra <taiairam@gmail.com>
Sent: Wednesday, January 19, 2022 12:05 PM
To: Redistricting
Cc: ehoneycutt@doloreshuerta.org
Subject: Public Comment Redistricting Hearing - TO BE READ ALOUD AT THE 1/19 5:30 PM HEARING
My Name is Anjali Maria Tierra Blasko. I live in Bear Valley Springs,in
Tehachapi, CA
and I request that this Council follow:
1) the FAIR MAPS Act and engage public participation in good faith by allowing
remote real-time public comment during redistricting hearings
2) That this Council draw three (3) wards that have majority Constitutionally
Protected Class Eligible Voter Population (CVAP) as required by the Voting
Rights Act.
Thank you
peace - Anjali
"I am only one, but still I am one. I cannot do everything, but still I can do something; and because I
cannot do everything, I will not refuse to do the something that I can do. "- Edward Everett Hale
i
From: Julia Gomez <JGomez@aclusocal.org>
Sent: Wednesday, January 19, 2022 1:49 PM
To: Redistricting
Cc: Cynthia Valencia
Subject: 1/19 Redistricting Hearing
Hello,
Can you please share instructions to provide live virtual public comment during tonight's redistricting hearing? If a
virtual participation option is not yet available, we request that you make that option available ahead of tonight's
meeting given the Omicron surge.
Please note that on the main redistricting yv�hI fte, the schedule links to the public notice for tonight's meeting but the
link is broken. The notice is also not available in Spanish, as required by the Fair Maps Act.
Finally, can you please share any map -submittal deadlines? I was not able to find any deadlines for community members
to submit maps on the schedule posted on the website.
Thank you.
Julia
Julia Gomez, Staff Attorney
ACLU of Southern California
1313 W 8th Street, Suite 200
Los Angeles, CA 90017
(o) 213.977.5258
aclusocal.org II facebook II twitter II blog II app
ACLU SoCal: STAND FOR JUSTICE» Download our mobile app at mobileiusticeca.org
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STRICTLY PROHIBITED.
From: Lori Pesante
To: Redistricting; City Council; CiN CI rk
Cc: Brianna Carrier; Jesus Garcia
Subject: Submission of EMC Proposed Ward Map, City of Bakersfield
Date: Wednesday, January 19, 2022 1:22:47 PM
Greetings,
On behalf of the Kern Equitable Maps Coalition (EMC) please find attached shapefiles and
pdfs for a Proposed Ward Map for the City of Bakersfield:
Shapefiles
1/19/22 EMC Proposed Ward Map PDF
1/19/22 EMC Proposed Ward Map -Latino Population PDF
We respectfully request 10-15 minutes on the February 23d City Council Redistricting Agenda
to present and explain this proposal.
In light of the severity of the current COVID surge, we also request extension of the access to
the Zoom platform that was used in the last redistricting meeting for remote public comment
and public participation.
Thank You,
Lori B. Pesante, J.D.
Pronouns: she/her/ella
c: (661) 204-9843
a: PO Box 2087
Bakersfield, CA 93303
WWW,doloreshuerta,ora
Click Here to Get Involved!
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From: Yesenia Contreras <ycontrerasdhf@gmail.com>
Sent: Wednesday, January 19, 2022 12:33 PM
To: Redistricting
Cc: Eliana Honeycutt
Subject: Public Comment Redistricting Hearing
My Name is Jess Contreras. I live in Arvin, CA, and I request that this Council follow:
1) the FAIR MAPS Act and engage public participation in good faith by allowing remote real-time public comment
during redistricting hearings
2) That this Council draw three (3) wards that have majority Constitutionally Protected Class Eligible Voter
Population (CVAP) as required by the Voting Rights Act.
Jes-k Co-ntm-ak
From: Jacob Evans <mr jacob.evans@gmail.com>
Sent: Tuesday, January 18, 2022 3:21 PM
To: Redistricting
Subject: Remote participation
I have lived in Ward 7 for 13 years. I am disheartened to learn that the City Council is now preventing remote
participation in its sessions. This reduces accessibility to our local government, tends to select for participation by one
group of voters at the expense of another, and completely fails to engage in public participation in good faith as the
council addresses the vital issue of redistricting. There is no legitimate justification for preventing remote participation,
even if you choose to also allow in -person participation. Please reconsider this oppressive and undemocratic tactic.
Jacob Evans
Mr.Jacob.Evans@gmail.com
(he/his; why I include this & usage
From: JunkQwerks <junkgwerks@gmail.com>
Sent: Wednesday, January 19, 2022 11:51 AM
To: Redistricting
Subject: Kern Equitable Map
Preventing remote participation in the middle of the worst COVID surge of the pandemic is not safe and certainly NOT
engaging public participation in Good Faith as required by the CA FAIR MAPS Act!
thanks,
Paul Adams
"This transmission is intended only for the use of the addressee and may contain Information that is privileged,
confidential and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or
agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited. If you received this e-mail in error, please
immediately notify the sender by replying to this communication.
From: Oliver Rosales <orosales1980@gmail.com>
Sent: Tuesday, January 18, 2022 3:18 PM
To: Redistricting
Subject: Remote access
Hello,
Please allow remote participation for redistricting hearings as it relates to the Bakersfield city council. We are in the
middle of a dramatic surge in Covid, thus ensuring remote access is critical for public safety & democratic participation.
Thanks,
Oliver Rosales