First Amendment Coalition Vs City of Bakersfield: Opening Brief

1 KELLY A.
AVILES DAVID SNYDER

(SBN 257168) (SBN 262001)
2 Law Offices of Kelly Aviles 534 Fourth Street, Ste. B
1502 Foothill Blvd., #103-140 San Rafael, CA 94901
3 La Verne, CA 91750 Tel: (415) 460-5060
Tel: (909) 991-7560 Fax: (415) 460-5155
4 Fax: (909) 991-7594 Email: dsnyder@firstamendmentcoalition.org
Email: kaviles@opengovlaw.com
5
Attorneys for Petitioner
6 FIRST AMENDMENT COALITION
7 KELLY A. AVILES JOSEPH T. FRANCKE
8 (SBN 257168) (SBN 88654)
Law Offices of Kelly Aviles 2218 Homewood Way
9 1502 Foothill Blvd., #103-140 Carmichael, CA 95608
La Verne, CA 91750 Telephone: (916) 487-7000
10 Tel: (909) 991-7560 Email: terry@calaware.org
Fax: (909) 991-7594
11 Email: kaviles@opengovlaw.com
12 Attorneys for Petitioner

CALIFORNIANS AWARE
13
14 SUPERIOR COURT OF THE STATE OF CALIFORNIA
15 FOR THE COUNTY OF KERN
16 FIRST AMENDMENT COALITION and ) Case No.: BCV-17-102929
CALIFORNIANS AWARE: THE )
17 CENTER FOR PUBLIC FORUM RIGHTS,) Assigned to the Hon. Stephen D. Schuett
)
18 ) NOTICE OF MOTION & MOTION FOR
Petitioners/Plaintiffs, ) WRIT OF MANDATE, INJUNCTIVE,
19 ) AND DECLARATORY RELIEF FOR
v. )
20 VIOLATIONS OF THE RALPH M.
)
) BROWN ACT; CALIFORNIA PUBLIC
21 CITY OF BAKERSFIELD,
) RECORDS ACT; AND CALIFORNIA
) CONSTITUTION, ART. I SEC. 3(B),
22 Respondent/Defendant.
) MEMORANDUM OF POINTS AND
23 ) AUTHORITIES; DECLARATION OF
) KELLY AVILES; EXHIBITS A
24 ) THROUGH X
)
25 ) Date: November 12, 2019
) Time: 8:30 a.m.
26 ) Dept.: 10
)
27 ) RESERVATION NUMBER: 36169
)
28 Action Filed: December 21, 2017
NOTICE OF MOTION; MEMORANDUM OF POINTS AND AUTHORITIES

DECLARATION OF KELLY AVILES; EXHIBITS A-X
1 TO RESPONDENT/DEFENDANT CITY OF BAKERSFIELD AND TO THEIR
2 ATTORNEYS OF RECORD HEREIN:
3 PLEASE TAKE NOTICE that on November 12, 2019, at 8:30 a.m., or as soon
4 thereafter as counsel may be heard, in Department 10 of the above-entitled court
5 located at 1415 Truxtun Avenue, Bakersfield, California 93301, Petitioners/Plaintiffs
6 FIRST AMENDMENT COALITION (“FAC”) and CALIFORNIANS AWARE: THE
7 CENTER FOR PUBLIC FORUM RIGHTS (“CalAware”) (collectively, “Petitioners”) will
8 and hereby do move this Court for:
9 (1) a declaration that the closed sessions held by Respondent/Defendant CITY
10 OF BAKERSFIELD (“City”) on July 19, 2017, September 6, 2017, and September 20,
11 2017, violated the Ralph M. Brown Act;
12 (2) a writ of mandate prohibiting similar future Brown Act violations;

13 (3) an order compelling the City to tape record all closed sessions for a period of
14 three years to ensure future compliance with the Brown Act;
15 (4) a declaration that the records responsive to Petitioners’ CPRA Requests at
16 issue in this litigation are disclosable public records, not subject to any exemption, and
17 that the City was required to disclosed those records in response to the CPRA
18 Requests; and,
19 (5) a writ of mandate requiring the City to search for and disclose all records
20 responsive to Petitioners’ CPRA requests.
21 This Motion will be made pursuant to Code of Civil Procedure sections 1060 and
22 1085, and Government Code sections 54960; 54960.2, 6258, and 6259 on the grounds
23 that the District violated (1) the Brown Act by (a) holding multiple closed sessions
24 pursuant to Government Code section 54956.9, noticed as “potential litigation,” where
25 there was no “significant exposure to litigation” in violation of Section 54962; (b)
26 improperly discussing general financial, public relations, and political matters in closed
27 session in violation of Section 54962; (c) discussing items in closed session without
28 proper notice in violation of Sections 54952.2(a)(1) and 54954.2(a)(2); and (2) the
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NOTICE OF MOTION
1 California Public Records Act by refusing to disclose non-exempt public records in
2 response to Petitioners’ Requests.
3 This Motion will be based on this Notice, the First Amended Verified Petition
4 for Writ of Mandate, Injunctive, and Declaratory Relief and supporting exhibits filed
5 March 28, 2018, the Memorandum of Points and Authorities, declarations and
6 exhibits filed herewith, other documents in the court’s files, and upon such evidence
7 and argument, oral or documentary, as may be introduced at or before the hearing on
8 this Motion.
9
10 DATED: October 17, 2019 Respectfully submitted,
11 LAW OFFICES OF KELLY A. AVILES
12
13
14 Kelly A. Aviles
Attorney for Petitioner
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NOTICE OF MOTION
1 TABLE OF CONTENTS
2 Page
3
TABLE OF AUTHORITIES ............................................................................................... 5
4
MEMORANDUM OF POINTS AND AUTHORITIES ...................................................... 7
5
I. INTRODUCTION AND SUMMARY OF ARGUMENT ..................................... 7
6
II. SUMMARY OF FACTS .................................................................................. 9
7
8 A. The Brown Act Violations ..................................................................... 9
9 B. The CPRA Violations ........................................................................... 10
10 III. ARGUMENT ................................................................................................. 11

11 A. The Brown Act and the California Constitution Guarantee The
12 Public’s Right To Participate In The Decision Making Process
Of Local Agencies ......................................................................................... 11
13
B. The City Council’s Closed Session Discussions Regarding The
14 City’s Finances Violated The Brown Act ..................................................... 13
15 C. The City Unlawfully Withheld Records Related To The Closed
16 Sessions In Violation of the CPRA .............................................................. 16
17 IV. CONCLUSION ............................................................................................. 21
18 DECLARATION OF KELLY AVILES .............................................................................. 23

19 INDEX OF EXHIBITS .................................................................................................... 25
20
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25
26
27
28
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TABLE OF AUTHORITIES
1 TABLE OF AUTHORITIES
2
3 Cases
4 American Civil Liberties Union Foundation v. Superior Court
(2017) 3 Cal.5th 1032 ................................................................................................. 17
5 American Federation of State, County and Municipal Employees
6 v. Regents of the Univ. of Calif.
(1978) 80 CalApp.3d 913, 914 ................................................................................... 20
7 Bakersfield City School Dist. v. Superior Court
(2004) 118 Cal.App.4th 1041 ..................................................................................... 20
8
BRV, Inc. v. Superior Court
9 (2006) 143 Cal.App.4th 742 ...................................................................................... 20
Caldecott v. Superior Court
10 (2015) 243 Cal.App.4th 212 ....................................................................................... 18
11 CAUSE v. City of San Diego
(1997) 56 Cal.App.4th 1024........................................................................................ 15
12 CBS Broadcasting, Inc. v. Sup. Ct.
(2001) 91 Cal.App.4th 892 ......................................................................................... 17
13
CBS, Inc. v. Block
14 (1986) 42 Cal.3d 646 .................................................................................................. 16
Chaffee v. San Francisco Library Commission
15
(2004) 115 Cal.App.4th 461 ........................................................................................ 11
16 City of San Jose v. Sup. Ct.
(2017) 2 Cal.5th 608 ................................................................................................... 17
17 Epstein v. Hollywood Entertainment Dist. II Bus. Improvement Dist.
18 (2001) 87 Cal.App.4th 862 .......................................................................................... 8
Los Angeles Times Communications v. Los Angeles County Board of Supervisors
19 (2003) 112 Cal.App.4th 1313 ...................................................................................... 11
20 Marken v. Santa Monica-Malibu Unified School Dist.
(2012) 202 Cal.App.4th 1250 .................................................................................... 20
21 Register Division of Freedom Newspapers v. County of Orange
(1984) 158 Cal.App.3d 893,........................................................................................ 19
22
Sacramento Newspaper Guild v. Sacramento Bd. Of Supervisors
23 (1968) 263 Cal.App.2d 41 ........................................................................................... 13
San Gabriel Tribune v. Sup. Ct.
24 (1983) 143 Cal. App.3d 762 ........................................................................................ 17
25 Sanchez v. County of San Bernardino
(2009) 176 Cal.App.4th 516 ....................................................................................... 19
26 Sander v. State Bar
(2013) 58 Cal.4th 300 ............................................................................................... 17
27
Stockton Newspapers v. Redevelopment Agency
28 (1985) 171 Cal.App.3d 95 ............................................................................................ 13
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1 Constitutional Provisions
2 Cal. Const., Art. I, Sect. 3(b) ........................................................................................ 8, 12
3
Statutes
4
Gov’t. Code § 54950 .......................................................................................................... 8
5
Gov’t. Code § 54954.2 ...................................................................................................... 12
6 Gov’t. Code § 54954.3 ...................................................................................................... 12
7 Gov’t. Code § 54956.9 .............................................................................................. passim
8 Gov’t. Code § 54957.1 ....................................................................................................... 19
9 Gov’t. Code § 54957.7....................................................................................................... 12
Gov’t. Code § 54960 ..................................................................................................... 9, 21
10
Gov’t. Code § 54960.2 ....................................................................................................... 9
11
Gov’t. Code § 54962 ......................................................................................................... 16
12 Gov’t. Code § 6250 ........................................................................................................... 16
13 Gov’t. Code § 6253.5 ........................................................................................................ 18
14 Gov’t. Code § 6254 ..................................................................................................... 18, 19
15 Gov’t. Code § 6254.15 ....................................................................................................... 18

Gov’t. Code § 6254.16....................................................................................................... 18
16
Gov’t. Code § 6254.22 ...................................................................................................... 18
17
Gov’t. Code § 6254.3 ........................................................................................................ 18
18 Gov’t. Code § 6254.7 ........................................................................................................ 18
19 Gov’t. Code § 6254.8 ........................................................................................................ 19
20 Gov’t. Code § 6255 ......................................................................................................17, 19
21 Gov’t. Code § 54957.5............................................................................................14, 18, 19
22
Other Authorities
23
36 Ops.Cal.Atty.Gen. 175 (1960) ..................................................................................... 13
24 71 Ops.Cal.Atty.Gen 96 (1988) ........................................................................................ 13
25 88 Ops.Cal.Atty.Gen. 16 (2005) ...................................................................................... 16
26 California Attorney General, The Brown Act: Open Meetings for Local Legislative
Bodies (2003) ......................................................................................................... 15, 16
27
28
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1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I. INTRODUCTION AND SUMMARY OF ARGUMENT
3 Respondent City of Bakersfield (“City”) repeatedly violated the Brown Act by
4 improperly holding at least three closed sessions of the Bakersfield City Council
5 (“Council”) to discuss a wide range of matters of crucial importance to Bakersfield
6 residents and taxpayers, including the city budget, potential staffing cuts and potential
7 tax increases—all topics the Brown Act requires to be discussed in open session. The
8 City purported to justify the closed sessions by invoking the “potential litigation”
9 exception to the Brown Act’s open-meetings requirement.
10 However, the narrow “potential litigation” exception to the Brown Act’s open
11 meetings requirement has no application here. None of the discussions related to
12 litigation. The City has confirmed that there was no threat made or claim filed against
13 the City which was discussed in closed session. (Ex. V, at 320-322.) The City’s
14 discovery confirms that the City has no facts that support its claim that the closed
15 session relates in any way to potential litigation. (Ex. T, at 302.) Despite being
16 required to provide support for its position in discovery, the City’s only position is that
17 it “substantially complied with the requirements” of the Brown Act. (Ex. T, at 302.)
18 As this Court aptly noted in ruling on Petitioner’s motion to compel discovery
19 responses, the purpose of the “potential litigation” exception to the Brown Act’s open
20 meetings requirements “is to permit the body to receive legal advice and make
21 litigation decisions only; it is not to be used as a subterfuge to reach nonlitigation
22 oriented policy decisions.” (Ex. S, at 294.) Despite plentiful opportunities to do so, the
23 City has failed to even explain, much less justify with admissible evidence, its claim
24 that the closed sessions were in any way connected to any threat of litigation.
25 These secret, backroom discussions are exactly what the Brown Act and
26 California Constitution seek to prevent. The Brown Act mandates that the public
27 recieve notice and opportunity to participate in the decision-making process of local
28
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MEMORANDUM OF POINTS AND AUTHORITIES
1 agencies. (Gov’t. Code § 549501; Epstein v. Hollywood Entertainment Dist. II Bus.
2 Improvement Dist. (2001) 87 Cal.App.4th 862, 867 [“It is clearly the public policy of
3 this state that the proceedings of public agencies, and the conduct of the public's
4 business, shall take place at open meetings, and that the deliberative process by which
5 decisions related to the public's business are made shall be conducted in full view of
6 the public”].) The California Constitution declares that “people have the right of access
7 to information concerning the conduct of the people’s business” and requires “the
8 meetings of public bodies and the writings of public officials and agencies shall be open
9 to public scrutiny. (Cal. Const., Art. I, Sect. 3(b)(1).) By misleading the public about
10 what it would discuss in closed session and then discussing matters that must be
11 addressed in open session, the City has violated the Brown Act and the California
12 Constitution.
13 The City compounded its Brown Act violations by refusing to turn over records
14 related to the closed Council sessions, in violation of the California Public Records Act
15 (“CPRA”). In refusing to comply with its obligations under the CPRA, the City has in
16 essence asserted that any and all documents that touch on its unlawful closed-sessions
17 discussion are deemed confidential under the Brown Act. Not so. Even for lawful
18 closed sessions, the Brown Act contains no exemption to the CPRA’s mandatory-
19 disclosure requirements. To the contrary, the CPRA requires the City to release the
20 requested records unless they are exempt pursuant to a specific statutory exemption.
21 Not only does no such exemption apply—the City has failed to even assert one does.
22 Accordingly, Petitioners seek: (1) a declaration that the City’s actions violated
23 the Brown Act; (2) a declaration that the records Petitioner requested are public
24 records required to be disclosed in response to its request; (3) a writ of mandate
25 requiring the City to disclose all records responsive to Petitioners’ CPRA requests; (4) a
26 writ of mandate preventing future Brown Act violations; and, (5) an order compelling
27
28
1All further statutory references are to the Government Code, unless otherwise
indicated.
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1 the City to tape record all closed sessions to ensure future compliance with the Brown
2 Act for a period of three years.
3 II. SUMMARY OF FACTS
4 A. The Brown Act Violations
5 The City Council held closed sessions on July 19, 2017, September 6, 2017, and
6 September 20, 2017. (Exs. A – C.) The agenda items for each closed session assert the
7 Council planned to discuss “potential litigation.” Instead, at those closed sessions, the
8 City Council discussed matters related to the City’s finances, such as budget
9 projections, revenue streams, and strategies to convince the public to vote for a
10 potential tax increase. These discussion topics are memorialized in an October 5, 2017
11 email from Assistant City Manager Chris Huot to the entire City Council, City Attorney
12 Virgina Gennaro, City Manager Alan Tandy, and Finance Director Nelson Smith,
13 attaching “copies of the presentations regarding the fiscal outlook matters that were
14 discussed during closed sessions on July 19, September 6, and September 20.”
15 (Ex. D, at 085; Ex. X, at 469; emphasis added.) After learning of the improper closed
16 sessions, Petitioners sent demands to the City Council to cease and desist from holding
17 future, similar closed sessions, pursuant to Sections 54960 and 54960.2 (Exs. E & F.)
18 The demands brought the City’s attention to the October 5 email and attachments, and
19 provided detailed legal authority as to why such topics cannot be lawfully discussed in
20 closed session under the guise of “potential litigation.” (Exs. E & F.)
21 On November 3, 2017, Mayor Karen Goh responded by letter to Petitioners’
22 demands, denying any violation and stating, “[a]fter careful consideration of your
23 demand and review of the pertinent material, the City Council is confident that it did
24 not violate the Brown Act and we remain committed to convening and agendizing our
25 closed sessions within the parameters of the law.” (Exs. G & H.) The City provided no
26 explanation and no facts in support of any proper legal basis for the closed sessions.
27 Even after this lawsuit was filed via a verified petition, the City responded with
28 only a general denial. (Ex O.) In response to Petitioner’s targeted discovery requests
seeking all facts supporting its denial or affirmative defenses, including its asserted
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1 defense that it substantially complied with the Brown Act, the City initially refused to
2 provide nearly any responses or records. (Ex. P, at 240-252.) Instead, it claimed that
3 discovery of closed session information was improper and attorney-client privileged.
4 (Ex. P, at 240-252.) Petitioners moved to compel discovery responses from the City,
5 and this Court granted Petitioners’ motion, ordering the City to provide supplemental
6 responses. (Ex. S.) This Court found that Section 54956.9(a) provided no basis for the
7 City’s wholesale failure to produce documents: “The purpose of the exception is to
8 permit the body to receive legal advice and make litigation decisions only; it is not to be
9 used as a subterfuge to reach nonlitigation oriented policy decisions.” (Ex. S, at 294.)
10 Yet, even in its supplemental responses, the only “fact” the City set forth was
11 that “it substantially complied with the requirement of both the Ralph M. Brown Act…
12 and the California Public Records Act.” (Ex. T, at 302.) The City also confirmed it
13 received no communications threatening litigation or any governmental claims that
14 related to the closed sessions. (Ex. V, at 320-325.)
15 B. The CPRA Violations
16 Along with the Brown Act demands, FAC and CalAware each submitted requests
17 pursuant to the CPRA for information and documents related to the closed sessions,
18 including communications or documents related to the materials discussed in the
19 closed sessions, or actions taken as a result of the closed session discussions. (Exs. E &
20 F.) The City responded by producing 41 pages of records. (Ex. J.) Almost all are
21 nonresponsive substantively in that they fail to address the topics discussed in closed
22 sessions, as reflected in the October 5 2017 email from Chris Huot (Ex. D). Almost all
23 of the records are dated after the closed sessions—clearly indicating the City either
24 failed to search for or failed to produce many of the records sought, because Petitioners
25 sought records both pre- and post-dating the closed sessions. (Ex. J.)
26 Illustrating their nearly wholesale failure to produce responsive records, the City
27 even failed to produce the document at the center of Petitioners’ Brown Act Claims: the
28 October 5, 2017 email from assistant city manager Chris Huot, which Petitioners
attahched to their Brown Act demands and which was clearly responsive and in the
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1 City’s possession. When challenged about the facial inadequacy of the response, the
2 City did not dispute the authenticity of the October 5 email and
3 attachments. Instead, the City stated “[t]he ‘enclosures’ … were not included in our
4 response because you already had the records in your possession and we did not see
5 the need in providing them again.” (Ex. L.) The City continued that, “most
6 importantly,” the enclosures were “confidential pursuant to…Section 54956.9.” (Ex. L.)
7 Section 54956.9 provides no such exception to the CPRA. It was only after this Court
8 granted Petitioners’ motion to compel that the City finally produced copies of these
9 documents and confirmed they were discussed in closed sessions. (Ex. U, at 310-312;
10 Ex. V, at 320, 322, 324.)
11 Finally, despite the City’s initial claim that records related to the closed sessions
12 were privileged, when compelled by the Court to file a privilege log, it listed only a
13 single document – the notes of the City Attorney, which it claimed are covered by the
14 attorney work product doctrine. (Ex. W.) The City has provided no additional records,
15 outside of what had already been turned over, except for copies of the records email
16 and presentation which were attached to the Petition. (See Ex X.)
17
III. ARGUMENT
18
A. The Brown Act And The California Constitution Guarantee The
19 Public’s Right To Participate In The Decision Making Process Of
Local Agencies
20
21 The purpose of the Brown Act is to ensure the public's right to attend meetings,
22 to facilitate public participation in all phases of local government decision-making, and
23 to curb subversion of the democratic process by secret legislation of public bodies.
24 (Chaffee v. San Francisco Library Commission (2004) 115 Cal.App.4th 461.) It
25 requires that meetings of a local agency's legislative body be open to the public for
26 attendance by all. Los Angeles Times Communications v. Los Angeles County Board of
27 Supervisors (2003) 112 Cal.App.4th 1313, 1321.
28 While the Brown Act has been amended in nearly every legislative session over
the past half-century, its declaration of intent (§ 54950) has remained unchanged.
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1 In enacting this chapter, the Legislature finds and declares that the
public commissions, boards and councils and the other public agencies
2 in this State exist to aid in the conduct of the people's business. It is the
3 intent of the law that their actions be taken openly and that their
deliberations be conducted openly.
4 The people of this State do not yield their sovereignty to the agencies
5 which serve them. The people, in delegating authority, do not give their
public servants the right to decide what is good for the people to know
6 and what is not good for them to know. The people insist on remaining
informed so that they may retain control over the instruments they have
7 created.
8 The Constitution further guarantees the public’s right to attend meetings.
9 Article I, Section 3(b)(1) declares that “people have the right of access to information
10 concerning the conduct of the people’s business” and requires “the meetings of public
11 bodies and the writings of public officials and agencies shall be open to public
12 scrutiny.” It also requires that any “statute, court rule, or other authority…shall be
13 broadly construed if it furthers the people's right of access, and narrowly construed if it
14 limits the right of access.” (Cal. Const., Art. I, Sect. 3(b)(2).)
15 In furtherance of these lofty goals, the Brown Act specifies that prior to any
16 closed session, the legislative body must disclose the item or items to be discussed. (§
17 54957.7(a).) The body must first “post an agenda containing a brief general
18 description of each item of business to be transacted or discussed at the meeting,
19 including items to be discussed in closed session.” (§ 54954.2(a)(1); emphasis added.)
20 “No action of discussion shall be undertaken on any item not appearing on the posted
21 agenda,” and the body “may only consider those matters” that were included in its
22 statement of items to be discussed in closed session. (§§ 54957.7(a), 54954.2(a)(2).)
23 Members of the public must be able to address the body before or during the
24 consideration of any item discussed by the body. (§ 54954.3.)
25 Here, in an apparent effort to avoid alerting the public that it would be
26 discussing the City’s finances, taxes and payroll, the City failed to disclose the items
27 that would be discussed in closed session, thereby violating Sections 54957.7(a) and
28 54954.2.
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1 B. The City Council’s Closed Session Discussions Regarding The
City’s Finances Violated The Brown Act
2
3 By relying on the Brown Act’s “potential litigation” exemption for its July 19,
4 September 6 and September 20, 2017 closed sessions, while actually using these closed
5 sessions to discuss numerous matters other than potential litigation, the City ignored
6 both the letter and the intent of the Brown Act. The “potential litigation” exception
7 allows legislative bodies to meet in closed session to “confer with or receive advice from
8 its legal counsel regarding pending litigation when discussion in open session
9 concerning those matters would prejudice the position of the local agency in the
10 litigation.” (§ 54956.9.)
11 This exception must be construed narrowly, lest it be abused: “Neither the
12 attorney's presence nor the happenstance of some kind of lawsuit may serve as the
13 pretext for secret consultations whose revelation will not injure the public interest."
14 (Sacramento Newspaper Guild v. Sacramento Bd. Of Supervisors (1968) 263
15 Cal.App.2d 41, 58; see also Stockton Newspapers v. Redevelopment Agency (1985) 171
16 Cal.App.3d 95, 104-1052.) “Neither the attorney's presence nor the happenstance of
17 some kind of lawsuit may serve as the pretext for secret consultations whose revelation
18 will not injure the public interest." (Sacramento Newspaper Guild, 263 Cal.App.2d at
19 58; see also 71 Ops.Cal.Atty.Gen 96 (1988) [mere possibility that body’s action might
20 be challenged in court does not justify closed session, since that rationality would
21 justify a “litigation” closed session on any matter]; 36 Ops.Cal.Atty.Gen. 175 (1960)
22 [advice as to lawfulness or legal implications of proposed action not appropriate for a
23 closed session; public is entitled to know of advice in order to evaluate the legislative
24 body’s performance of the body].)
25
2 Stockton Newspapers references the potentially legitimate invocation of the attorney-
26 client privilege for in-person meetings between an attorney and the legislative body of
27 a public agency, but that privilege was later abolished by Gov’t. Code section 54956.9
[“For purposes of this chapter, all expressions of the lawyer-client privilege other than
28 those provided in this section are hereby abrogated. This section is the exclusive
expression of the lawyer-client privilege for purposes of conducting closed-session
meetings pursuant to this chapter”].)
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1 Section 54956.9 specifically defines the instances where a legislative body can
2 meet in closed session to discuss pending litigation. “Prior to holding the closed
3 session, the legislative body shall state on the agenda or publicly announce the
4 paragraph of subdivision (d) [of § 54956.9] that authorizes the closed session.” (§
5 54956.9(g).) If litigation has actually been initiated, “the body shall state the title of or
6 otherwise specifically identify the litigation to be discussed….” (§ 54956.9(g).)
7 If litigation has not been initiated, the agency may hold a closed session
8 regarding “anticipated litigation,” but only where a point has “been reached where, in
9 the opinion of the legislative body of the local agency on the advice of its legal counsel,
10 based on existing facts and circumstances, there is a significant exposure to
11 litigation against the local agency.” (§ 54956.9(d)(2), emphasis added.) Under Section
12 54956.9(e), for purposes of holding such a closed session, “existing facts and
13 circumstances” are expressly limited to only one of the following situations:
14 (1) Facts and circumstances that might result in litigation against the local
agency but which the local agency believes are not yet known to a
15 potential plaintiff or plaintiffs, which facts and circumstances need not
16 be disclosed.
(2) Facts and circumstances, including, but not limited to, an accident,
17 disaster, incident, or transactional occurrence that might result in
litigation against the agency and that are known to a potential plaintiff
18
or plaintiffs, which facts or circumstances shall be publicly stated on the
19 agenda or announced.
(3) The receipt of a claim pursuant to the Government Claims Act…or some
20 other written communication from a potential plaintiff threatening
21 litigation, which claim or communication shall be available for public
inspection pursuant to Section 54957.5.
22 (4) A statement made by a person in an open and public meeting
threatening litigation on a specific matter within the responsibility of
23
the legislative body.
24 (5) A statement threatening litigation made by a person outside an open
and public meeting on a specific matter within the responsibility of the
25 legislative body so long as the official or employee of the local agency
26 receiving knowledge of the threat makes a contemporaneous or other
record of the statement prior to the meeting, which record shall be
27 available for public inspection pursuant to Section 54957.5….
28
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1 Therefore, if a legislative body enters closed session due to a “significant
2 exposure to litigation,” it must announce the relevant facts and circumstances, unless
3 the facts and circumstances creating the threat are not yet known to the potential
4 plaintiff. The Attorney General summarizes the disclosure requirements, as follows:
5 • If there has been no kind of communication yet from the likely plaintiffs
but the agency is aware of something that is likely to prompt a litigation
6 threat—some accident, disaster, incident or transaction such as a contract
7 dispute—"the facts must be publicly stated on the agenda or announced"
prior to the closed session.
8
• If a claim or some other written threat of litigation has been received, the
9 document is a public record and "reference to the claim or communication
must be publicly stated on the agenda or announced" prior to the closed
10 session.
11 • When the closed session is triggered by a litigation threat made in an open
and public meeting, "reference to the statement must be publicly stated on
12 the agenda or announced" prior to the closed session.
13 • When an oral threat of litigation is made outside a meeting, it may not be
made the basis of a closed session unless the official who became aware of
14
it makes a memo explaining what was said. The memo is a public record
15 and "reference to the claim or communication must be publicly stated on
the agenda or announced" prior to the closed session.
16
California Attorney General, The Brown Act: Open Meetings for Local Legislative
17
Bodies (2003) at pg. 23. The disclosure requirements serve an important purpose.
18
[T]he important balance which the Brown Act attempts to draw between
19 the requirement that public business be conducted in public and the
practical need public agencies have for confidentiality when attempting
20 to make rational decisions about the legal strength of argument asserted
by an actual or probably adversary…The Brown Act attempts to draw
21
that balance by, among other devices, requiring disclosure to the public
22 of facts and circumstance which show that a public discussion of a
particular matter is prejudicial to the agency’s interests.
23
CAUSE v. City of San Diego (1997) 56 Cal.App.4th 1024, 1030.
24
Here, the City has confirmed that no such threat, communication, or claim had
25
been made. (Ex. V, at 320-325.) Moreover, the October 5 email from the assistant city
26
manager confirms that the City discussed topics having nothing to do with litigation,
27
namely, the city budget, potential tax increases and the like. (Ex. W, at 468-530.) As
28
set forth in the attachments to that email, City staff presented detailed and thorough
- 15 -
1 information regarding the City’s finances, its fiscal outlook, the effect of various forms
2 of tax increases on the City’s fiscal outlooks, and the effect of layoffs on the City’s fiscal
3 outlook. (Ex. W, at 468-530.) Notably absent from the materials is any
4 discussion whatsoever of pending or threatened litigation.
5 Because the discussions regarding the city’s finances had nothing to do with
6 pending litigation, the City could not possibly make the required disclosures regarding
7 “facts and circumstances” under Section 54956.9. It is no surprise, then, that the City
8 failed to make any disclosures in the agendas or at the meetings regarding the basis of
9 the closed sessions.
10 Discussions regarding matters such as tax increases, layoffs, and tax increases
11 are required to take place in open session. These exceptions have been construed
12 narrowly; thus if a specific statutory exception authorizing a closed session cannot be
13 found, the matter must be conducted in public regardless of its sensitivity.” (California
14 Attorney General, The Brown Act: Open Meetings for Local Legislative Bodies (2003)
15 at 1.) Except as expressly authorized by [the Brown Act] or another code section, “no
16 closed session may be held by any legislative body of any local agency.” (§ 54962.) As
17 described by the Attorney General, “The Legislature’s addition of section 54962
18 effectively eliminated the possibility of finding an implied authorization for a closed
19 session.” (88 Ops.Cal.Atty.Gen. 16 (2005).) Since the topics discussed in the City’s
20 closed sessions are found nowhere in any of the Brown Act’s closed session
21 exemptions, they must be discussed in open session.
22 C. The City Unlawfully Withheld Records Related To The Closed
Sessions In Violation of the CPRA
23
24 The CPRA is based on the premise that “access to information concerning the
25 conduct of the people's business is a fundamental and necessary right of every
26 person in this state.” (§ 6250.) As the California Supreme Court stated in CBS, Inc. v.
27 Block (1986) 42 Cal.3d 646, 651-52, “Implicit in the democratic process is the notion
28 that government should be accountable for its actions. In order to verify accountability,
- 16 -
1 individuals must have access to government files. Such access permits checks against
2 the arbitrary exercise of official powers and secrecy in the political process.”
3 The CPRA “establishes a presumptive right of access to any record created or
4 maintained by a public agency that relates in any way to the business of the public
5 agency….” (Sander v. State Bar (2013) 58 Cal.4th 300, 323.) If an agency withholds
6 a responsive record, or portion thereof, it “shall justify [the withholding] by
7 demonstrating that the record in question is exempt under express provisions of this
8 chapter or that on the facts of the particular case the public interest served by not
9 disclosing the record clearly outweighs the public interest served by disclosure of the
10 record.” (§ 6255.) “[T]he burden of showing that nondisclosure is justified is on the
11 agency seeking to withhold the requested record....” (San Gabriel Tribune v. Sup. Ct.
12 (1983) 143 Cal. App.3d 762, 773; see also CBS Broadcasting, Inc. v. Sup. Ct. (2001) 91
13 Cal.App.4th 892, 908 [“[t]he burden of proof is on the proponent of
14 nondisclosure….”].) Exemptions are narrowly construed. American Civil Liberties
15 Union Foundation v. Superior Court (2017) 3 Cal.5th 1032, 1037.
16 Just as with the Brown Act, when any portion of the CPRA is under review, the
17 “standard approach to statutory interpretation is augmented by a constitutional
18 imperative” requiring broad construction in furtherance of the public’s right of access
19 (City of San Jose v. Sup. Ct. (2017) 2 Cal.5th 608, 617, citing Calif. Const., Art. 1, Sect.
20 3(b)(2).)
21 Here, the City violated the CPRA by failing to provide the requsted records
22 relating to the improper closed sessions held on July 19, September 6, and September
23 20, 2017. FAC requested copies of the following:
24 (1) All communications or other documents that were created, sent or
received by the City Council and/or its individual members and that relate
25 to or reference the materials enclosed with this letter [i.e., the October 5
26 Asst. City Manager email and attachments];
(2) All communications or other documents that were created, sent or
27 received by the City Council and/or its individual members before or after
28 the City Council meetings of July 9, September 6 and September 20, 2017
and that concern actions to be taken as a result of any items discussed
during closed session on those dates. (Ex. E.)
- 17 -
1
CalAware sought “copies of all communications or other documents created or
2
received by the City or City Council members or staff before or after these meetings
3
concerning actions to be taken as a result thereof.” (Ex. F.)
4
The City issued identical responses to both requests, claiming that responsive
5
documents were attached. (Ex. I.) The attached documents were not responsive: they
6
had nothing to do with the closed sessions or the topics discussed in those closed
7
sessions. Moreover, the majority of the documents post-dated the closed sessions and,
8
thus, could not be definition have included correspondence sent or received before the
9
closed sessions. (Ex. J; Pet. ¶ 18.) Indeed, the City failed to produce even the most
10
obvious responsive document, i.e., the Assistant City Manager’s October 5, 2017 email
11
and its attachments.
12
When FAC sent correspondence to the City regarding its failure to properly
13
respond to the Request, the City did not deny that it withheld the October 5
14
email and its attachments; rather, it asserted, first, that the records were not
15
included “because [FAC] already had the records in your possession and we did not see
16
the need in providing them again,” and, second, that the records are “confidential
17
pursuant to Government Code Section 54956.9.” (Ex. K.) The City’s withholding was
18
improper under either argument.
19
The CPRA does not permit an agency to withhold responsive records simply
20
because the requesting party might have them in their possession. Caldecott v.
21
Superior Court (2015) 243 Cal.App.4th 212, 227-28. Nor does Section 54956.9
22
provide any confidentiality for records. To the contrary, Section 54957.5 provides
23
that regardless of any other law, records “distributed to all, or a majority of all”
24
members of a legislative body in connection with “a matter subject to discussion or
25
consideration at an open meeting of the body, are disclosable public records under the
26
California Public Records Act” unless made exempt under Government Code sections
27
6253.5, 6254, 6254.3, 6254.7, 6254.15, 6254.16, or 6254.22.” The City never invoked
28
- 18 -
1 any of these exemptions. The City’s claim that mere discussion of a record in closed
2 session renders it “confidential” is wrong as a matter of law.
3 It is alo insupportable as a practical matter. If the law were as the City
4 hypothesizes, it would mean that an agency could discuss any record in closed session
5 and thereby transform it into a “confidential” record, inaccessible to the public due
6 merely to its appearance in closed session. The law is clearly to the contrary, requiring
7 government agencies to specifically justify withholding documents under the CPRA’s
8 specific exemptions. (§ 54957.5.) Yet under the City’s theory, if an agency discusses a
9 settlement agreement in closed session for example, that agreement and its contents
10 would become confidential. Not so. Settlement agreements must be expressly
11 disclosed under the Brown Act. (§ 54957.1 [requiring public reporting of any action
12 taken in closed session and the vote or abstention on that action of every member
13 present, including the substance of any settlement agreement once it becomes final];
14 see also Register Division of Freedom Newspapers v. County of Orange (1984) 158
15 Cal.App.3d 893, 909 [documents related to settlement with county jail inmate subject
16 to disclosure]; Sanchez v. County of San Bernardino (2009) 176 Cal.App.4th 516, 526
17 [confidentiality provision in settlement agreement with county would have violated
18 Public Records Act].)
19 As another example, the Brown Act permits agencies to “consider the
20 appointment, employment, evaluation of performance, discipline, or dismissal of a
21 public employee or to hear ccomplaints or charges brought against the employee.”
22 Under the City’s theory, any employment agreement or complaint against public
23 employees would be confidential once discussed in a lawful closed session. However,
24 both employment agreements and complaints must be disclosed. (§ 6254.8 [“Every
25 employment contract between a state or local agency and any public official or public
26 employee is a public record which is not subject to the provisions of Sections 6254 and
27 6255"]; Braun v. City of Taft (1984) 154 Cal.App.3d 332 [employment contracts are
28 public records and may not be considered exempt]; see also American Federation of
State, County and Municipal Employees v. Regents of the Univ. of Calif. (1978) 80
- 19 -
1 CalApp.3d 913, 914, 918; Bakersfield City School Dist. v. Superior Court (2004) 118
2 Cal.App.4th 1041, 1047; BRV, Inc. v. Superior Court (2006) 143 Cal.App.4th 742, 759;
3 Marken v. Santa Monica-Malibu Unified School Dist. (2012) 202 Cal.App.4th 1250,
4 1268 [collectively, establishing public right of access to disciplinary records of
5 government employees where charges are well founded or true, or discipline is
6 imposed].)
7 The City’s theory must fail. The mere fact that a document is discussed in closed
8 session–even a closed session held in compliance with the Brown Act--has no bearing
9 on the PRA’s disclosure requirements. Here, where the City’s closed sessions were not
10 authorized under the Brown Act, the argument is even more dubious.
11 Finally, it is near certain that responsive records beyond the October 5 email
12 and its attachments exist. The CPRA requests sought:
13 (1) “all communications or other documents that were created, set or received
14 by the City Council and/or its individual members and that relate to or reference” the
15 assistant city manager’s October 5 email or the powerpoint presentation that was
16 discussed in the illegal closed sessions; (Ex. E.)
17 (2) all communications or other documents that were created, sent, or received
18 by the City Council and/or its individual members before or after” the illegal closed
19 session meetings and “concern actions to be taken as a result of any items discussed
20 during” those closed sessions; (Ex. E.)
21 (3) all communications or other documents created or received by the City or
22 City Council members or staff before or after” the illegal closed sessions “concerning
23 actions to be taken as a result thereof.” (Ex. F.)
24 The City provided a mere 41 pages of nonresponsive documents which post-
25 date the closed sessions. (Ex. J.) Yet, it claims no other responsive records exist,
26 except for the City Attorney’s actual notes from the closed session. (Ex. U, at 309)
27 Are we to believe that not one of the ten receipients responded to Mr. Huot’s
28 email? Were there no emails by any other city employees relating to the powerpoint
setting forth the five-year budget projections or the revenue generation discussion?
- 20 -
1 How were the powerpoints created, edited, revised? Who gathered the information
2 that was included in the slides? Who requested the presentation be done in closed
3 session? What actions were taken after the closed sessions?
4 It defies credulity that the documents presented to the City Council in illegal
5 closed sessions were neither referred to in earlier or contemporary records, nor
6 followed up on in any later communications.
7 IV. CONCLUSION
8 The City violated the Brown Act when it improperly used at least three closed
9 session meetings to discuss the City’s financial outlook under the guise of discussing
10 “pending litigation.”
11 If there was no threat of litigation that would meet the defined “existing facts and
12 circumstances” set forth in Section 54956.9, then the Board improperly used that
13 section to meet in closed session to discuss financial matters which should have been
14 conducted in open session, and the documents in the record confirm that the City did
15 not discuss litigation at all.
16 Finally, the City violated the California Public Records Act by failing to provide
17 requested records–including the October 5 email and the attachments which reveal that
18 it was violating the Brown Act in its closed sessions–and by failing to otherwise locate
19 and provide all responsive records while adequately justifying any lawful witholdings.
20 The City Council’s attempt to discuss Bakersfield’s financial future in secret, far
21 from public input and scrutiny, and while keeping documents hidden regarding those
22 secret discussions or actions taken arising therefrom, is exactly the mischief the Brown
23 Act, the CPRA, and the California Constitution prohibit.
24 Therefore, Petitioners asks this court to declare that the City violated the Brown
25 Act and the California Public Records Act, and order it to immediately turn over all
26 records and information regarding the closed session, including the City Attorney’s
27 notes. Finally, to ensure future accountability, CalAware requests this Court order the
28 Board to tape record its closed sessions for a period of three years pursuant to Section
54960(b).
- 21 -
1 DATED: October 17, 2019 Respectfully submitted,
2 LAW OFFICES OF KELLY A. AVILES
3
4
5
Kelly A. Aviles
6 Attorney for Petitioner
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 22 -
1 DECLARATION OF KELLY AVILES
2 I, Kelly Aviles, declare and state as follows:
3 1. I am an attorney duly licensed to practice law before all of the courts of
4 the State of California, and I am the owner and principal of the Law Offices of Kelly
5 Aviles, counsel for Petitioners First Amendment Coalition (“FAC”) and Californians
6 Aware: The Center for Public Forum Rights (“CalAware”) the above-entitled action.
7 The facts stated in this Declaration are true and correct of my own personal
8 knowledge, except for those matters expressly stated on information and belief, which
9 matters I believe to be true. If called as a witness, I could and would competently
10 testify thereto.
11 2. True and correct copies of Exhibits A through N , originally filed
12 with the First Amendended Petition, verified therein, and are attached hereto for ease
13 of reference for the Court.
14 3. A true and correct copy of the City’s Answer to the First Amended
15 Petition is attached hereto as Exhibit O.
16 4. On June 22, 2018, my office propounded Form Interrogatories, Set
17 One; Special Interrogatories, Set One; and Requests for Production of Documents,
18 Set One.
19 5. The City served its initial responses on September 24, 2018. A true and
20 correct copy of the City’s Responses to the Form Interrogatories, Set One, Special
21 Interrogatories, Set One, and Responses to Requests for Production, Set One are
22 attached hereto as Exhibits P, Q & R, respectively.
23 6. Our office brought a motion to compel further responses, which was
24 granted by this Court on January 4, 2019. A true and correct copy of this Court’s
25 order is attached hereto as Exhibit S.
26
27
28
-23-
DECLARATION OF KELLY AVILES
1 7. The City served supplemental discovery responses on or about April 8,
2 2019. A true and correct copy of the City’s Further Responses to Form
3 Interrogatories, Set One, Special Interrogatories, Set One, and Responses to Requests
4 for Production, Set One are attached hereto as Exhibits T, U, & V, respectively.
5 Along with the City’s Further Responses, it also served a Privilege Log, a true and
6 correct copy of which is attached hereto as Exhibit W. The City’s further production
7 of documents in response to Request for Production, Set One is attached hereto as
8 Exhibit X.
9 I declare under penalty of perjury under the laws of the State of California that
10 the foregoing is true and correct and that this Declaration was executed on October
11 17, 2019, at La Verne, California.
12
13
14 Kelly Aviles
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-24-
DECLARATION OF KELLY AVILES
1 INDEX OF EXHIBITS
2 Ex. A Minutes from July 19, 2017 City Council Meeting
3
4 Ex. B Minutes from September 6, 2017 City Council Meeting
5
Ex. C Minutes from September 20, 2017 City Council Meeting
6
7
Ex. D October 5, 2017 Email from Asst. City Manager to City Council,
8 City Attorney, City Manager and City Finance Director and
Attached Presentations Discussed in Closed Sessions
9
10 Ex. E Brown Act Demand and CPRA Request from First Amendment
Coalition
11
12 Ex. F Brown Act Demand and CPRA Request from CalAware
13
Ex. G City’s Response to FAC’s Brown Act Demand
14
15 Ex. H City’s Response to CalAware’s Brown Act Demand
16 Ex. I City’s Responses to FAC & CalAware CPRA Requests

17
Ex. J Docuements Produced by City in Response to FAC & CalAware
18 CPRA Requests
19
Ex. K November 6, 2017 Correspondence from FAC regarding
20 deficient CPRA Response and Production
21
Ex. L City’s November 8, 2018 Response to FAC’s November 6
22 Correspondence
23
Ex. M FAC’s Resubmitted Brown Act Demand
24
25 Ex. N City’s Response to FAC’s Resubmitted Brown Act Demand
26 Ex. O City’s Answer to First Amended Petition

27
Ex. P City’s Response to Form Interrogatories, Set One
28
-25-
EXHIBIT INDEX
1 Ex. Q City’s Response to Special Interrogatories, Set One
2
Ex. R City’s Response to Request for Production, Set One and
3 Document Production Nos. COB-0000001 to COB-0000016
4
Ex. S Court’s Order on Motion to Compel Further Responses
5
Ex. T City’s Further Response to Form Interrogatories, Set One
6
7 Ex. U City’s Further Response to Special Interrogatories, Set One
8
Ex. V City’s Further Response to Request for Production, Set One
9
10 Ex. W City’s Privilege Log Accompanying its Further Response to
Request for Production, Set One.
11
12 Ex. X City’s Document Production Accompanying its Further
Response to Request for Production, Set One, Nos. COB000017
13 to COB000274
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-26-
EXHIBIT INDEX
Exhibit A 027

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2872
BAKERSFIELD
CITY COUNCIL
l MINUTES
MEETINGOF JULY19. 2017
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meetings- 3:30 p.m. and 5:15 p.m.
REGULARMEETING- 3:30 p .m . ACTION TAKEN
1. ROLLCALL
Present: Mayor Goh, Councilmembers Gonzales,

Weir, Freeman , Sullivan, Parlier
Absent: Vice-Mayor Smith, Counci lmember
Rivera
2. PUBLICSTATEMENTS
None.
3. WORKSHOPS
None.
CLOSEDSESSION
a. Conference with Legal Counsel - Existing
Litigation; Closed Session pursuant to
Government Code section 54956.9(d) ( 1)
regarding Donald Towner v. City of Bakersfield,
Kern County Superior Court Case No. BCV-16-
102464, SPC
b. Conference with Legal Counse l - Existing
Government Code section 54956.9(d) ( l)
regarding Citizens Against the 24th Street
Widening Project v. City of Bakersfield:
California Department of Transportation, Kern
County Superior Court Case No . S-l 500-CV-
281556, KCT, Consolidated with BCV-16-
101556 NFT.
C. Conference with Legal Counsel- Potential

Government Code section 54956.9 (d} (2), [e) r1)
( [two matters).
032
'2.'a 7 b Bakersfield, California, July 19, 2017 - Page 2
4. CLOSED SESSION continued ACTION TAKEN
J
Motion by Councilmember Weir to adjourn to Closed APPROVED
Sessionat 3:31p.m. AB RIVERA.SMITH
Motion by C ouncilmember Weir to adjourn from APPROVED

Closed Sessionat 5:10 p.m. AB RIVERA. SMITH
Meeting reconvened at 5:15 p.m.
5. CLOSED SESSION ACTION
a. Conference with Legal Counsel- Existing STAFFWAS GIVEN

Litigation; Closed Session pursuant to DIRECTION
regarding Donald Towner v. City of Bakersfield,
Kern County Superior Court Case No. BCV-16-
102464,SPC
b. Conference with Legal Counsel - Existing NO REPORTABLE

Litigation; Closed Session pursuant to ACTION
Government Code section 54956.9{d) ( l)
regarding Citizens Against the 24th Street
Widening Project v. City of Bakersfield;
California Deportment of Transportation, Kern
J
County Superior Court Case No. S-1500-CV-
281556, KCT, Consolidated with BCV-16-
101556 NFT.
C. Conference with Legal Counsel - Potential NO REPORTABLE

ACTION ON FIRST
MATTER;SECOND
Government Code section 54956.9(d)(2),(e)(l)
MATTERCONTINUED
(two matters). TO NEXTMEETING
7. ADJOURNMENT
Mayor Goh adjourned the Closed Session meeting at

5:16 p.m.
J
033
Bakersfield,California,July 19, 2017 - Page 3
2 8 74
REGULARMEETING-5: 18 p.m. ACTION TAKEN
ROLLCALL
Present: Mayor Goh, Councllmembers Rivera,

Gonzales, Weir, Freeman, Sullivan, Parlier
Absent: Vice-Mayor Smjth
2. INVOCATION by Pastor Vernon Kemp, Greater Harvest

Christian Center.
3. PLEDGEOF ALLEGIANCEby Marisa Edmonston , student

at the University of Arizona.
4. PRESENTATIONS
a. Presentation of a Proclamation by Moyer Goh

to Sharon Woolfolk, President of the Executive
Boord of Directors for NAMI Kern County,
declaring July, 2017, Minority Mental Health
Awareness Month in Bakersfield.
Ms. Woolfolk accepted the Proclamation ond

[ made comments.
b. Presentation of a Proclamation by Mayor Goh

to Elijah Lidgett, JDRFChildren 's Congress
Delegate, declaring July 24-26, 2017, JDRFDays
in Bakersfield.
Elijah Lidgett accepted the Proclamation and

made comments.
c. Presentation of a plaque by Mayor Goh to

Timothy M. Osborn , honoring the beautification
efforts of his firm, the Law Office of Timothy M.
Osborn.
Ms. Heather Penella, Mayoral Alternate for the

Keep Bakersfield Beautiful Committee. made
comments.
Mr. Osborn accepted the Proclamation and

made comments.
l
034
2 8 75 Bakersfield, California, July 19, 2017 - Page 4
5. PUBLICSTATEMENTS ACTION TAKEN
a. Curtis Bingham Sr., Street Evangelist, expressed

appreciation and gave blessings to the City
and law enforcement for the work they do for
the City.
J
b. Marvin Dean stated he invited HUD Secretory
Ben Carson to visit Bakersfield as part of his
Community Listening Tour (submitted written
material); spoke regarding the proposed water
rate increases; and spoke in support of the
Property Assessed Clean Energy [PACE)
programs in Bakersfield.
C. Mona Sidhu spoke regarding the proposed

Resolution supporting the continued federal
funding of the Community Development Block
Grant and Home Investment Partnerships
programs.
d. The following individuals spoke regarding

allegations made by Totyana Hargrove against
the Police Department, the need for a
citizen's community oversight committee, and
requested the City Council approve a budget
for body cameras for officers: Dean Welliver;
Jeanette Limones; Paola Hinojosa; Patrick
Jackson, NAACP President; Larcenia Taylor; and
J
Krystal Wood.
Councilmember Rivera left the meeting at this time.
6. WORKSHOPS
a. Workshop on Water Rate Study and proposed

rate increases associated with 1,2,3-
Trichloropropane (TCP) water well treatment.
(Staff recommends approval of Proposition 218 notice to
be malled to customers of the domestic water system.)
Assistant City Clerk Drimakis announced o staff

memorandum was received providing a recent
history of domestic water rate increases
applicable to the City of Bakersfield's domestic
service area.
City Manager Tandy mode staff comments.
Water Resources Manager Chianello made

staff comments and provided a PowerPoint
presentation.
J
035
Bakersfield , California, July 19, 2017 - Page 5 2876
6. WORKSHOPScont inued ACTIONTAKEN

ITEM6.a. CONTINUED
L Mark Hildebrand, Stantec Consulting, made

comments.
Finance Director Smith made additional staff

comments and provided a PowerPoin t
presentation.
Motion by Councilmember Weir to approve the APPROVED

staff recommendation. AB RIVERA,SMITH
Councilmember Rivera returned to the meeting at this time.
b. Presentation by California Water Service .

Company (Cal Water) regarding Ca l Water's
project to comply with upcoming state
mandates regarding 1,2,3-Trichloropropane
(TCP). (Staff recommends Council tecefve and file the
presentalion.J
Assistant City Manager feglia made staff

comments .
[ Mike Mares, Bakersfield District Manager for

California Water Service Company, made
comments and provided a PowerPoint
presentat io n.
Motion by Councilmember Weir to approve the APPROVED

staff recommendation . AB SMITH
7. APPOINTMENTS
None .
8. CONSENTCALENDAR
Minutes:
a. Approval of minutes of the June 28, 2017,

Regular City Council Meetings.
Payments:
b. Receive and file department payment s from

June 16, 2017, to July 6, 2017, in the amount of
$20,288,819.02, Self-Insurance payments from
l June 16, 2017, t o July 6, 2017, in the amount

of $1,652,006.66. totaling $21,940,825.68.
036
2877 Bakersfield, California, July 19, 2017 - Page 6
8. CONSENTCALENDARcontinued ACTION TAKEN
Ordinances:
C. Adoption of an Ordinance amending Chapter ORD49J4

J
2.60.030 of the Bakersfield Municipal Code
relating to the appointment of members and
alternates of the Bakersfield Youth Commission.
(FR06/28/ 17)
d. Adoption af an Ordinance amending Chapter ORD4915

14.02.010 of the Bakersfield Municipal Code
relating to Water Use Regulations. (FR06/28/17)
Resolutions:
e. Resolution authorizing depositing of funds with RES086-17

MUFG Union Bank.
f. Resolution to authorize Sale of Surplus Buick RES087- J7

Century sedan and Ford 500 sedan to
Bakersfield Homeless Center, a nonprofit
organization far $2, l 00.
g. Resolution determining that Globe® turnout

clothing is the Bakersfield Fire Department
standard and it cannot be reasonably
RES088-17
J
obtained through the usual bidding procedures
and authorizing the Finance Director to
dispense with bidding thereof, not to exceed
$1 11,650.
h. Resolution determining that Sulfa Treat, an RES089-17

absorbent media for removing H2S(hydrogen
sulfide) from digester gas, cannot be
reasonably obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding thereof for a
period of one year, not to exceed the
budgeted amount of $200,000.
I. Resolution supporting the continued federal RES090-17

funding of the Community Development Block
Grant (CDBG) and Home Investment
Partnerships (HOME) programs.
J
037
Bakersfield , California, July 19, 2017 - Page 7 2 878
8. CONSENTCALENDARcon tinued ACTIONTAKEN
l j. Sewer connection and construction fee

assessments for 101 North McDonald Way:
RES091- 17
I. Resolution confirming assessments for
sewer connection and construction fees
and authorizing the collection of
assessments by the Kern County Tax
Collector .
2. Agreement with Guadalupe Alaniz to AGR 17-091

pay sewer connection and construction
fees through the Kern County Tax
Collector.
k. Resolutions to add territories to the

Consolidated Maintenance District and
approving, confirming, and adopting the Public
Works Director's Report for each:
1.• Area 1-118 (2810 Mosasco Street) RES092- 17
2. Area 4-167 (4201 Arrow Street) RES093-17
l Agreements:
I. Agreement with County of Kern and ESO AGR 17-092

Solutions, Inc., for the implementation of
electronic patient care reporting system
(ePCR).
m. Agricultural lease agreement w ith Donald L. AGR 17-093

and Margaret Schulte DBA Schulte Farms for
property located at northeast corner of
Cottonwood and Hosking Roads.
n. Assignment of Bakersfield Municipal Airport AGR 17-094

Long-Term Ground Lease Agreement No. 06-
360 as amended by Agreement No. 08-061 with
Knute Johnson and Penelope D. Maines
assigning Hangar Space B3 1o Dennis Cheever.
0. Approval of a Settlement Agreement between AGR 17-095

the City of Bakersfield and Bakersfield City
School District regarding traffic impacts on
l proposed new elementary school located at

East Belle Terrace and Cottonwood Road.
038
2 879 Bakersfield, California, July 19, 2017 - Page 8
J
p. Median Fee Reimbursement Agreement with AGR 17-096
Summit Capital Ventures, Inc., Inot to exceed
$41,597) for median construction and
landscaping on Old River Road between
Berkshire Road and Panama Lane.
q. Final Map, Improvement Agreement, and AGR 17-097

Landscape Improvement Agreement with MG3 AGR 17-098
Partners, LLC. For Tract/Parcel Map 6759, Phase
l located South of Taft Highway and East of
Ashe Road.
r. Fino! Map, Improvement Agreement, and AGR 17-099

Landscape Agreement with Gateway Housing, AGR 17-100
LLC. for Tract/Parcel Map 6865, Phase 2
located North of East Panama Lane and West
of Sparks Street.
s. Final Map and Improvement Agreement with AGR 17-101

Summit Capital Ventures, LLC and John Balfanz
Homes, Inc. for Tract/Parcel Map 7247, Phase l
located South of White Lane and West of
t.
Buena Vista Road.
Final Map and Improvement Agreement with AGR 17-102

J
Summit Capital Ventures, Inc. and John Balfanz
Homes, Inc. for Tract/Parcel Map 7247, Phase 2,
located south of White Lane and west of
Buena Visto Road.
u. Agreement with Clean Cut Landscape AGR 17-103

Management Inc. ($60,000; one year term) for
landscape maintenance services at
Wastewater Treatment Plant No. 3.
V. Agreement with California Water Service AGR 17-104

Company ($54,702] to purchase real property DEED8697
located on Truxtun Avenue for the Truxtun/Oak DEED8698
Widening Project.
W. Agreement with NSA Property Holdings, LLC AGR 17-105

($430,640) for possession, use, and acquisition of
real property at 3301 Trvxtun Avenue for the
Truxtun/Oak Widening Project.
J
039
Bakersfield,California,July 19, 2017 - Page 9 2 8 80
8. CONSENTCALENDARcont inued ACTION TAKEN
l X. Consultant Agreement with Mendoza &

Associates ($163,070.88; funded with Federal
Earmark Funds {88.53 percent} and Capital
AGR 17-106
Outlay Utility/Roads Fund {l 'l .47 percent}} for

Construction Management Services for the SR-
178 Widening Project.
y. Utility Agreement wit h PG&E ($421, 197; 100 AGR 17-107

percent Local Funds} for the relocation of
electric facilities in conflict with the Truxtun
Avenue Operational Improvements Project.
z. Pipeline Crossing Agreement with the Union AGR 17-108

Pacific Railroad Company (not to exceed
$11,500) for a domestic waterline.
aa . Amendment No. l to Agreement No. 16- 18 l AGR 16-181(1)

with Alon Asphalt Company ($160,000; revised
not to exceed $321 ,250 and extend term one
year), to continue the supply of CSS-1H
asphaltic emulsion .
[ ab . Amendment No. 1 to Agreemen t No. 16-184

with General Tree Service Inc. ($625,000; revised
AGR 16-184(l)
not to exceed $1 ,248,000 and extend term one

year}, to continue the supply of tree trimming
service.
ac . Amendment No. 2 to Agreement No. 15-203 AGR 15-203(2)

with International Coatings Company Inc.,
{$1 40,000; revised not to exceed $424,813.75
and extend the term one year), to continue the
supply of traffic paint .
ad. Amendment No. 3 to Agreement No. 14-140 AGR 14-140(3)

with BASFCorporation ($120,000; revised not to
exceed $480,000 and extend term one year) to
provide polymer for dissolved air flotation
thickeners at Wastewater Treatment Plant No.
3.
[
040
28Sl Bakersfield, California, July 19, 2017 - Page 10
8. CONSENTCALENDARcontinued ACTIONTAKEN
ae. Amendments to various consultant agreements

for on-call civil engineering services for the
Public Works Department, Wastewater Division:
J
1. Amendment No. 2 to Agreement No. AGR 15- 173(2}
15-173 with Provost and Pritchard
Engineering Group, Inc . {$50,000; revised
not to exceed of $160,000 and extend
term one year).
2. Amendment No. 2 to Agreement No. 15- AGR 15-174(2}

174 with Carollo Engineers, Inc. ($50,000;
revised not to exceed of $120,000 and
extend term one year).
of. Amendment No. 3 to Agreement l 2-120 with AGR 12-120(3)

TYLin International ($125, l 23.01; 100 percent
locally funded; revised not to exceed
$3,390,123.01) for survey and monumentation
services after construction. (TRIP)
ag. Contract Change Order Nos. 42, 45, 57, 58, 61, AGR 14-241
62, 63, 65, 67, 71, 72, and 74 to Agreement No.
14-241 with Security Paving Company (net
increase of $53,401.00; revised not to exceed
$84,481,672.1O; Change Orders funded with
cco
cco
42, cco 45,
57, cco
58
CCO61, CCO 62
cco 63, cco
65
J
Federal Earmark Funds {80 percent} and
cco 67, cco
71
Capital Outlay Utility/Roads Funds {20 percent})

cco 72, cco
74
for the Beltway Operational Improvements

Project. (TRIP)
Property Acquisition Agreements - TRIP:
Bids:
ah. Reject bids for the purchase of an articulated

four-wheel drive loader for the Public Works
Department, Solid Waste Division.
ai . Accept bid and approve contract with Interior AGR 17-109

Demolition, Inc. ($42,168; 88.53 percent
federally funded, l l .47 percent local match
funded with utility surcharge fees) , for the
demolition of improvements along 24th Street:
2400 Pine Street. !TRIP)
J
041
2 882
Bakersfield, California, July 19, 2017 - Page 11
8. CONSENT CALENDAR continued ACTION TAKEN
[ aj. Accept bid and award contract to Sierra

Construction & Excavation, Inc. {not to exceed
AGR 17-110
$1,000,000 annually; three year term) for the

annual maintenance and repairs of the
potable water system within the City's domestic
water service area.
ak. Accept bid and approve contract to Granite AGR 17-111

Construction Company ($5,973,333.26) for the
annual contract for the supply of street
mater ials.
al. Installation of traffic signal. lighting, and

synchronization system at Union Avenue and
Berkshire Road:
1. Accept bid and approve contract with AGR 17-112

Loop Electric Inc. (not to exceed
$211,126) for construction of project .
2. Appropriate $50,000 in Capital Outlay

Fund balance to the Public Works
[ Department's Capital Improvement
Budget.
Miscellaneous:
Successor Agency Business:
am. Receive and file Successor Agency payments

from June 16, 2017, to July 6, 2017, in the
amount of $2, 143,822.00.
Councilmember Freeman left the meeting at this time.
Motion by Councilmember Weir to adopt Consent APPROVED

Calendar items 8.a. through 8.am. AB SMITH,FREEMAN
9. CONSENT CALENDAR PUBLIC HEARINGS
a. Public Hearing to consider a resolution ordering RES094-17

the summary vacation of a portion of a Waiver
of Direct Access on Stockdale Highway and
Allen Road, and also a portion of Street Right of
[ Way along the frontage of 12702 Stockdale

Highway, Lot "A" of Lot Line Adjustment No. 15-
0411.
042
2 8 83 Bake~field, California, July 19, 2017 - Page 12
9. CONSENT'CA LENDAR Pl)BLIC HEARINGScontinued ACTION TAKEN
b. Public Hearing to consider a Resolution ordering

the vacation of Presidio Way between
Buccaneer Bay Street and Coffee Road.
RES095•17
J
c. Public hearing on Resolution of Necessity to RES096-17
determine the public interest and necessity for
acquisition of certain real property by eminent
domain for the Centennial Corridor Project
(Code of Civil Procedure § 1245.230) located at
505 Malibu Court, Bakersfield, CA 93309 (APN
020-522-05) (CPN 87510) .
d. Public hearing on Resolution of Necessity to RES097-17

acquisition of certain rea l property by eminent
3209 Mona Way, Bakersfield, CA 93309 (APN
149-250-15) ,(CPN87713).
e. Public. hearing on Resolution _of Necessity to RES098-17

(Code of Civil Procedure§ 1245.230) located ot
J
806 Wible Road , Bakersfield, CA 93304 (APN
148-240-39) (CPN 87717).
f. Public hearing on Resolution of Necessity to RES099-17

(Code of Civil Procedure§ 1245.230) located ot
800 Wible Road, Bakersfield, CA 93304 (APN
148-240-01) (CPN 8771 B)-
g. Public hearing on Resolution of Necessity to RES100-17

domain for the Centennial Corridor Praject
(Code of Civil Procedure§ 1245.230} located at
4301 Morella Way, Bakersfield, CA 93309 (APN
020-482-29) (CPN 87.538).
J
043
2884
9. CONSENTCALENDARPUBLICHEARINGS ACTION TAKEN
[ h. Public hearing on Resolution of Necessity to

RES101· 17

domain for the 24th Street Improvement
Project (Code of Civil Procedure § 1245.230)
located at 1815 24th Street, Bakersfield, CA
93301 (APN 003-121-05).
i. Public hearing on Resolution of Necessity to RES102-17

domain for the 24th Street Improvement Project
(Code of Civil Procedure§ 1245.230) located at
2322 Beech Street, Bakersfield, CA 93301 (APN
003-040-10) .
Assistant City Clerk Drimakis announced a staff

memorandum was received regarding items 9 .c.
through 9.i., stating the Resolutions were revised in
order to replace the signature block of the former
Mayor with the current Mayor , and to add the
Councilmember names to t he voting blocks.
( Councilmember Freeman returned to the meeting at this
time.
Consent Calendar Public Hearings opened at

6:32 p.m .
No one spoke.
Consent Calendar Public Hearings closed at 6:33 p .m.
Motion by Councilmember Weir to adopt Consent APPROVED

Calendar Public Hearing items 9.a. through 9.i. AB SMfTH
10. HEARINGS
RES103-17
a. Hearing to consider resolutions terminating the
RES104-17
CaliforniaF IRSl E3. Figtree, HERO,and Ygrene RES105-17
Property Assessed Clean Energy (PACE) RES106-17
programs in Bakersfield. (Staffrecommends adoption RES107-17
of the resolutions.)
[
044
2 8 85 Bakersfield, California, July 19, 2017 - Page 14
10. HEARINGScontinued ACTION TAKEN

ITEM 10.a. CONTINUED
Assistant City Clerk Drimakis announced email

correspondence, in support of the PACE
program, was received from: Dustin Reilich;
J
Carlos Lopez: Sandra Randolph; Teresa Rizo;
Rod Dole; Evlondo Cooper; and Richard Sharp;
correspondence in opposition to the PACE
program was received from: Robin Ablin; Bob
Hayworth; and B.W. Shipman; one email was
received from Kevin Hauber regarding PACE
education: and two phone calls were received,
one in support of the program and one in
opposition.
City Manager Tandy made staff comments and

provided o PowerPoint presentation.
Hearing item 10.a. opened at 6:47 p.m.
The following individua ls spoke in opposition to

the staff recommendation: James Hamill,
Managing Director with California Statewide
Communities Development Authority; Laura
Booker; Diana Crisp; Diane Swan; Denise
Padilla; Eddie Casillas; Amalia Perez; Marcus
Beale, owner of Inter Faith Electric and Solar;
Don Lanier, Northwest Exteriors; Brian McCarty,
J
Kern County Account Manager for the HERO
Program; and Marvin Dean.
Mayor Goh recessed the meeting at 7:04 p.m. and

reconvened the meeting at 7:09 p.m .
The following individuals spoke in support of the

staff recommendation: Sherry Anthis, Bakersfield
Association of Realtors (provided a PowerPoint
presentation); Valerie Slater; Jeanne Radsick;
Robin Rossi,Loan Officer with Summit Financial
Services; Melissa Dominguez; Jon Busby; Nick
Ortiz, Greater Bakersfield Chamber of
Commerce; and Mike Turnipseed.
Dustin Reilich, Renovate America HERO

Program {submitted written material and
provided a PowerPoint presentation) and
James Hamill spoke in rebuttal opposition to the
staff recommendation.
J
045
2886

[ The following Individuals spoke in rebuttal

support of the staff recommendation: Robin
Rossi;Sheri Anthes; and Judy Camp.
Hearing item l 0.a. closed at 7:37 p.m.
Motion by Councilmember Sullivan to suspend

future PACE loans in the City for 60 days, to
provide staff the opportunity to draft a
participatory agreement incorporating
additional oversight and restrictions consistent
with Improvements anticipated by state and
federal law ; and return for Council
consideration.
Motion by Councilmember Weir to approve APPROVED

staff's recommendation and adopt the AB SMfTH
Resolutions.
Motion by Councilmember Sullivanto direct FAILED

staff to explore the possibility of participatory NS GONZALES,WEIR,
FREEMAN,PARLIER
agreements and returnfor Council
AB SMfTH
[ consideration .
Mayor Goh recessed the meeting at 8:24 p.m. and

reconvened the meeting at 8:35 p.m.
b. Public Hearing to consider resolution adopting RES108-17

fees pursuant to the cost recovery system.
(Deferred from the 06/0 7/ 17 meeting.) (Staff recommends
adoptton of the resolution.)

memorandum was received, transmitting
additional information on this item.
Community Development Director Kitchen

made staff comments.
Hearing item l 0.b. opened at 8:36 p.m.
No one spoke in opposition to the staff

recommendation.
[
046

ITEM l O.b. CONTINUED
The following individuals spoke in support of the

staff recommendation: Dave Dmohowski,
representing the Home Builders Association of
J
Kern County; Scott Thayer, Castle and Cooke;
and Roger McIntosh, McIntosh and Associates.
Hearing item 10.b. closed at 8:46 p.m.
Motion by Councilmember Weir to adopt the APPROVED

Resolution. AB SMrrH
C. Public Hearing to consider Zone Change No.

17-0047: McIntosh & Associates, representing
Clty Lights, LLC and MarkChris Investments, LLC
(property owners), is proposing a zone change
from a PCD (Planned Commercial
Development} to a C-2 (Regional Commercial}
zone on 36.41 acres located between State
Route l 78 and Mall View Road, approximate ly
one-third mile west of Oswell Street. Protect
CEQA has appealed the Planning ,·
Commission's decision regarding the proposed
Mitigated Negative Declaration. (Staff
recommends approval of the resoluffon and firstreading
of the ordinance.)
J
l. Resolution denying the appeal and RES109-17
adopting a Negative Declaration with
Mitigation Measures.
2. Firstreading of ordinance amending the FR

Official Zoning Map in Title 17 the
Bakersfield Municipal Code by changing
the zone district from a PCD (Planned
Commercial Development} to a C-
2/PC D (Regiona l Commercial/Planned
Commercial Development Combining)
zone on 36.41 acres, subject to
conditions of approval.
Assistant City Clerk Drimakis announced email

correspondence was received from Betty
Phillips, in support of the East HillsMall project.
J
047
Bakersfield, California, July 19, 2017 - Page 17 ?. 8 8 8
ITEM10.c. CONTINUED
l Community Development Director Kitchen

made staff comments and provided a
PowerPoint presentation .
Hearing item l O.c. opened at 8:53 p.m.
Andrew Grundman, Executive Director for

Protect CEQA, spoke in opposition to the
staff recommendation and submitted written
material.
The following ir,dividuals spoke in support of the

staff recommendation_: Steven Atlee, from Park
& Velayos LLP,on behalf of the owners of the
f:)roperty City Lights LLC and Mark Chris
Investments LLC; Roger McIntosh, from
McIntosh and Associates, representing City
Lights LLC and Mark Chris Investments LLC
(submitted written material); and Dennis Fox.
Hearing item l O.c. closed at 9:09 p.m.
Motion by Councilmember Weir to adopt the APPROVED

[ Resolution and give firstreading of the
Ordinance.
AB SMITH
11. REPORTS
None.
12. DEFERRED
BUSINESS
None.
13. NEW BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Gonzales made comments regarding

the Downtown Street Ambassador program and
expressed appreciation for the contributions to this
program made by former Mayor Harvey L. Hall.
Mayor Goh also expressed gratitude for Cynthia

Lake, for funding the initial pilot program tor the
l Downtown Street Ambassadors.
048
14. continued
COUNCIL AND MAYOR STATEMENTS ACTION TAKEN
C ouncilmember Parlier requested staff contact

Ca/trans regarding clean-up of the following freeway
interchanges: Taft Highway; Panama lane; and White
lane.
J
Council member Sullivan announced next Thursday is
the 61st Anniversary of the adoption of our national
motto "In God We Trust"; stated there are over 670
cities and counties across the country displaying this
motto. with 133 being in California; the celebration will
be held at the Marriott Hotel and advised anyone
interested in attending the event to contact her for
more information.
15. ADJOURNMENT
Mayor Goh adjourned the meeting at 9:17 p.m.
J
ATTEST:
CITY C~x Officio Clerk of

the Council of the City of Bakersfield
J
049
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2872
BAKERSFIELDCITY COUNCIL
[ MINUTES
MEETINGOF SEPTEMBER 6, 2017
Regular Meetings- 3:30 p.m. and 5: l 5 p.m.
REGULARMEETING-3:33 p.m. ACTION TAKEN
1. ROLLCALL
Present: Mayor Goh, Vice-Mayor Smith,

Councilmembers Rivera, Gonzales, Weir,
Sullivan. Parlier
Absent: None
2. PUBLICSTATEMENTS
None.
3. WORKSHOPS
None.
[ 4. CLOSED SESSION
a. Conference with Legal Counsel- Existing

Government Code section 54956.9(d)(l) Emilio
Tarango v. City of Bakersfield U.S.D.C.Eastern
District Case No. l :l 6-CV-00099-LJO-JLT.
b. Conference with Legal Counsel- Potential
Government Code section 54956.9(d) 12),(e) ( l)
{two matters).
Motion by Vice-Mayor Smith to adjourn to Closed APPROVED
Session at 3:34 p.m.
Motion by Councilmember Weir to adjourn from APPROVED

Closed Session at 5:16 p.m.
l
054
2873 Bakersfield , California, September 6, 2017 - Page 2
5. CLOSEDSESSIONACTION ACTIONTAKEN
a. Conference with Lega l Counsel - Existing STAFFWASGIVEN

Government Code section 54956.9(d) ( 1) Emilio
Tarango v. City of Bakersfield U.S.D.C.Eastern
DIRECTION
J
District Case No. 1:l 6-CV-00099-LJO-JLT
b. Conference with Legal Counsel - Potential NO REPORTABLE

Litigation; Closed Session pursuant to ACTION ON FIRST
Government Code section 54956.9(d) (2),(e){ l) MATTER;STAFFWAS
GIVEN DIRECTION
(two matters).
ON SECONDMATTER
6. ADJOURNMENT
Mayor Goh adjourned the 3:30 p.m. meeting at

5:20 p.m.
REGULARMEETING-5:21 p.m.
1. ROLLCALL

Absent:
Freeman, Sullivan, Parlier
None J
Mayor Goh acknowledged students from the Bakersfield
College Political Science class, California State University
Bakersfield Government class, Boy Scouts Troops 484, and
Boy Scouts Troop 415 in attendance at the meeting to learn
about City government.
2. INVOCATION by Pastor Leonard Mancini, Bakersfield

Living Word Foursquare Church.
3. PLEDGEOF ALLEGIANCEby Flint Sheffield , Liberty High

School Senior.
4. PRESENTATIONS
a. Presentation of a proclamation by Mayor Goh

to Keith Brice, the 2017 John Brock Community
Service Award Recipient, declaring September
7, 2017, "Keith Brice Day."
Mr. Brice accepted the Proclamation and

made comments.
J
055
Bakersfield, California, September 6, 2017 - Page 3 2 8 74
4. PRESENTATIONS
continued ACTION TAKEN
[ ' b. Presentation of a proclamation by Mayor Goh

to Kern County Fair Chief Executive Officer,
Mike Olcott, declaring September 20, 2017,
through October 1, 2017, Kern County Falr Days.
Mr. Olcott accepted the Proclamation and

made comments.
5. PUBLICSTATEMENTS
a. Mike Mares, District Manager for California
Water Service Company, explained that the
proposed water rate lncrease on the agenda
will only affect residents that are served by the
City's water system; residents that are served by
Ca! Water system will not be affected by this
particular rate increase; and submitted written
material.
b. Mayf Nutter invited the City Council to the

world premiere of the film Victory by
Submission at Christ Cathedral Church, on
Thursday, September 7th ; and submitted written
[ c.
material.
John Wilson, business owner at 2012 "E" Street,
expressed his concern regarding the problem
his business has experienced with homeless
people littering and threatening to harm the
employees; and submitted written material.
d. Robert Miller expressed concern with the

amount of booths around town offering free
cellular phones.
e. Mark Rogers, representing Argo Chemical,

spoke in opposition to the staff
recommendation on item 8.w., to reject all bids
for an annual contract to supply Sodium
Hypochlorite; and submitted written material.
6. WORKSHOPS
a. Road Repair and Accountability Act of 2017

(Senate Bill l) Implementation Plan Overview.
Public Works Director Fidler and Recreation and
L Parks Director Hoover made staff comments

and provided a PowerPoint presentation.
056
2 8 75 Bakersfield, California, September 6, 2017 - Page 4
7. APPOINTMENTS ACTIONTAKEN
J
None.
8. CONSENTCALENDAR
Minutes:
a. Approval of minutes of the August 16, 2017,

Regular City Council Meeting.
Payments:
b. Receive and file department payments from

August 4, 2017, ta August 24. 2017, in the
amount of $19,402,856.72, Self Insurance
payments from August 4, 2017, to August 24,
2017, in the amount of $646,154.00, totaling
$20,049,0 l 0.72.
Ordinances:
C. Firstreading of an ordinance amending FR

Bakersfield Municipal Code Section 1.12.030 by
adding Annexation No. 671 consisting of 30,001
square feet located along the south side
of Norris Road, generally east of Calloway Drive
and Annexation No. 674 consisting of 1.15 acres
located along the south side of Rosedale
Highway, approximately 500 feet west of Patton
Way to Ward 3.
J
Resolutlons:
d. Resolution confirming approval by the City RES120-17

Manager designee of the Chief Code
Enforcement Officer's Report regarding
assessments of certain properties in the City for
which structures have been secured against
entry or for the abatement of certain weeds,
debris, and waste matter. and authorizing
collection of the assessments by the Kern
County Tax Collector.
e. Resolution approving the submission of an RES121-17
application to the California Department of
Transportation for matching State funding for
an improvement project at the Bakersfield
Municipal Airport under Airport Improvement
Program Project No. 3-06-0323-020-2017,
accepting the allocation of matching State
funding, and authorizing the City Manager or
designee to execute all necessary documents.
J
057
2 8 76
Bakersfield, California, September 6, 2017 - Page 5
[ f. Resolution authorizing payment (not to exceed

$1,500,000) to the San Joaquin Valley Unified Air
Pollution Control District for the implementation
REMOVEDFOR
SEPARATE
CONSIDERATION
of the voluntary emissions reduction agreement
for the Centennial Corridor Project.
g. Resolution determining that a Caterpillar RES123-17

excavator can most efficiently be obtained
through cooperative procurement bidding
procedures from Quinn CAT, Bakersfield, and
authorizing the Finance Director to dispense
with bidding thereof, not to exceed $295,000.
h. Resolution determining that Go-4 is the only RES124-17

three-wheel parking control vehicle to meet the
needs of the Bakersfield Police Department,
Traffic Division, and it cannot be reasonably
and authorizing the Finance Director to
dispense with bidding thereof, not to exceed
$38,000.
i. Sewer connection fee assessment for 1808

[ .
Faxon Avenue:
1. Resolution confirming assessment for RES125-17

sewer connection fee and authorizing
the collection of assessment by the
Kern County Tax Collector.
2. Agreement with Allison B. Gobbell to pay AGR 17-129

the sewer connection fee through the
Kern County Tax Collector.
J. Inspection, maintenance, and repair of the

liquefied natural gas {LCNG) fueling facilities
located at the Corporation Yard and South Mt.
Vernon Avenue:
1. Resolution determining that inspection, RES126- 17

maintenance, and repair services for the
LCNG fueling facilities cannot be
reasonably obtained through the usual
bidding procedures and authorizing the
Finance Director to dispense with
bidding therefore and procure
l inspection, maintenance, and repair

services for the LCNG fueling facilities
through Clean Energy.
058
2 877 Bakersfield, California, September 6, 2017 - Page 6

ITEM 8.j . CONTINUED
2. Agreement with Clean Energy (not to

exceed $200,000 over a three-year term)
to perform inspections, maintenance,
AGR 17-130
J
and repairs of the LCNG fueling facilities.
Agreements:
k. Transportation impact fee credit agreement AGR 17-131

with Summit Capital Ventures, Inc. (not to
exceed $129,732.61) for construction of
improvements on Old River Road along the
frontage of Tentative Tract Map 6825.
AGR 17-132
I. Fino! map and improvement agreement with
Summit Capital Ventures, Inc. for Tract 6853,
Phase 4 located east of Calloway Drive and
north of Langley Road.
m. Planned sewer area reimbursement agreement AGR 17-133

with MG3 Partners, LLC for construction of sewer
line improvements on Ashe Road north of Taft
Hwy/SR119.
n.
0.
Pipeline crossing agreement with Sunset
Railway Company for a domestic waterline.
Encroachment permit agreement with

AGR17-134
AGR 17-135
J
Rosedale-Rio Bravo Water Storage District (no
fee permit) to allow access onto property,
earthwork, and use of borrow material within
the Allen Road Basin area for the Brighton Park
wall along the Westside Parkway.
p. Consent to common use agreement with AGR 17-136

Pacific Gas and Electric (no compensation) for
the Sewer Lift Station Project at 24th Street and
Oak Street.
q. Cooperative agreement with Caltrans for the AGR 17-137

Belle Terrace Project, a part of the Centennial
Corridor Project. (TRIP)
r. 1,2,3-Trichloropropane (TCP)Mitigation Project:
l. Agreement with Bakersfield Well & Pump AGR 17-138

to convert 12 pumps to water lubricated
pumps.
J
059
Bakersfield, California, September 6, 2017 - Page 7 2 878

ITEM8.r. CONTINUED
l 2. Appropriate $1, l 00,000 in Fund Balance

to the Water Resources Capital
Improvement Program budget within
the Domestic Enterprise Fund.
s. Amendment No. l to Agreement No. 17-002 AGR 17-002(1)

with Trans-West Security Services Inc. ($20,000;
revised not to exceed $88,223}, for continued
park security services.
t. Bakersfield Amtrak Railway:
l. Amendment No. l to Agreement No. 13- AGR 13-150(1)
150 with Niemeyer & Associates, P.C.
($50,000; revised not to exceed $200,000;
and to extend the term of agreement
to June 30, 2018) to provide railroad
track inspection services.
2. Amendment No. 1 to Agreement No. 13- AGR 13-200(1)
200 with RailWorks Track Services, Inc.
[$65,000: revised not to exceed $165,000)
to provide for maintenance and repair
[ u.
services for the Amtrak Railway.
Contract Change Order No.1 to Agreement AGR 16-267
No. 16-267 with Cen-Cal Construction Inc. cco 1
($23,166.25;revised not to exceed $271,893.75)
for the Frank West Elementary Sidewalk
Improvements Project.
V. Contract Change Order No. 3 to Agreement AGR 17-042

No. 17-042 with Klassen Corporation ($12,490.57; CCO3
revised not to exceed $2,182,237.47) for
construction of the Mesa Marin Sports Complex
Phase II Project.
Property Acquisition Agreements - TRIP:
Bids:
W. Reject bids for an annual contract to supply REMOVEDFOR

Sodium Hypochlorite for Wastewater Treatment SEPARATE
Plant 3. CONSIDERATION
X. Extend bid from Mullahey CDJR, Paso Robles,

California, and authorize the replacement
l ($146,561.45) of seven full size half-ton pickup

trucks for the Water Resources, Recreation
and Parks, and Public Works Departments.
060
2879 Bakersfield, California, September 6, 2017 - Page 8
y. Bakersfield Municipal Airport - North Taxilane

Pavement Reconstruction Project:
AGR 17-142
J
1. Accept and approve Base Bid and
Additive Alternate No. l with Granite
Construction Co . ($548,805) for said
pro ject .
2. Appropriate $21,380 in Genera l Aviation

Department's Capital Improvement
Program budget for said project .
Miscellaneous:
z. Appropria te $4,400 contributions from the

Bakersfield Foundation to the Police
Department Operating Budget within the
General Fund to offset the costs of the K-9 trials
event held June 23-24, 2017.
aa. Appropriate $99,804 in Grant Assistance

Program funds from the California Department
of Alcoholic Beverage Control to the General
Fund Police Operating Budget .
J
ab . Appropriate $35,000 from First Five Kern grant
revenues to the Recreation and Parks
Operating Budget within the General Fund to
provide a water safety education program
(Make-A Splash).
ac. Appropr iate $150,000 in Transportation

Development Fund balance to the Public Works
Department 's Capital Improvement Program
budget to fund preliminary engineering
services necessary to reserve right-of-way for
three future project sites (El Toro Viejo at the
Burlington Northern Santa Fe Railroad, West
Beltway at White Lane, and West Beltway at
Ming Avenue).
J
061
2 88o
[ ad. Appropriate additional federal funds:

1. Appropriate $37,405 in federal
Congestion Mitigation and Air Quality
Program (CMAQ) funds to the Public
Works Department's Capital
Improvement Program budget within the
SAFETEA-LU Fund for a traffic signal.
lighting, and synchronization system
project on Union Avenue and Berkshire
Road.
2. Appropriate $249,620 in federol Regional

Surfoce Transportation Program {RSTP)
funds to the Public Works Department's
Capital Improvement Program budget
within the SAFETEA-LU Fund for a
pavement rehabilitation project on P
Street from Brundoge Lane to California
Avenue.
I '~ Assistant City Clerk Drimakis announced a staff

I. memorandum was received regarding item 8.w.,
transmitting copies of two bid protests and staff
comments.
Councllmember Rivera requested that Item 8.f. be

removed for separate consideration.
Councllmember Weir requested that item 8.w. be

Motion by Vice-Mayor Smith to adopt Consent APPROVED

Calendar items 8.a. through 8.ad., with the removal of
items 8.f. and 8.w. for separate consideration.
f. Resolution authorizing payment (not to exceed RES122-17

$1,500,000) to the San Joaquin Valley Unified Air
of the voluntary emissions reduction agreement
for the Centennial Corridor Project.
Motion by Councilmember Rivera to adopt APPROVED

Consent Calendar item 8.f.
[
062
2 8 B1 Bakersfield,California,September 6, 2017 - Page 1O
8. CONSENT CALENDARcontinued ACTIONTAKEN
w. Reject bids for on annual contract to supply

Sodium Hypochlorite for Wastewater Treatment
Plant 3. J
Motion by Councilmember Weir to adopt APPROVED
Consent Calendar item 8.w.
9. CONSENTCALENDARPUBLICHEARINGS
a. Public hearing on resolution adopting increases REMOVEDFOR

in water rates to the City of Bakersfield's SEPARATE
Domestic Water Service Area. CONSIDERATIONSEE
PAGE 11
b. Public hearing on resolution of necessity to RES128-17

229 Chester Avenue and 136 Haybert Court,
Bakersfield, CA 93304 (APN 011-111-09 & 011-
111-37) (CPN 87690).
C. Public hearing on resolution of necessity to RES129-17

J
300 South Garnsey, Bakersfield, CA 93309 (APN
149-232-01} (CPN 87664).
d. Public hearing on resolution of necessity to RES130-17

215 Williamson Woy, Bakersfield, CA 93309 (APN
149-232-02) (CPN 87666).
e. Public hearing on resolution of necessity to RES131-17

{Code of Civil Procedure § 1245.230) located at
720 Wible Road, Bakersfield, CA 93304 (APN
147-112-07) (CPN 87720).
J
063
Bakersfield, California , September 6, 2017 - Page 11 2 882
9. CONSENTCALENDARPUBLICHEARINGS ACTION TAKEN
[ f. Public hearing on resolution of necessity to

RES132-17

Project (Code of Civil Procedure§ 1245.230)
located at 1401 23rd Street, Bakersfield, CA
(APN 005-411-09).
g. Public hearing on resolution of necessity to RES133-17

acquis ition of certa in real property by eminent
Project [Code of Civil Procedure § 1245.230)
located at 2323 Elm Street, Bakersfield, CA (APN
003-021-01) .
Consent Calendar Public Hearing items 9 .a. through

9.g. opened at 6:15 p.m.
Consent Calendar Public Hearing item 9.a. was

Consent Calendar Public Hearing items 9 .b. through

9.g. closed at 6:16 p .m.
Motion by Vice-Mayor Smith to adopt Consent APPROVED

Calendar Public Hearing item.s 9.b. through 9.g.
10. HEARINGS
a. Public hearing on resolution adopting increases RES127-17

in water rates to the City of Bakersfield's
Domestic Water Service Area. (Staff recommends
adoption of the resolution.)
Assistant City Clerk Drimakis announced notices

were mailed to affected 42,045 customers; a
total of l 44 letters and three phone calls were
received in opposition to the water rate
increase.
presentation.
The following individuals spoke in opposition to
the staff recommendation: Richard Hograph,
[ Bakersfield Tea Party; Richard Felix; James
Lungil; Johnny Aloguez; Viola Gallegos; Jean
Claude Bonillo; and Jaime Jarro.
064

No one spoke in support of the staff

recommendation. J
Hearing closed at 6:58 p.m.
Motion by Vice-Mayor Smith to adopt the APPROVED

Resolution.
11. REPORTS
None.
12. DEFERRED
BUSINESS
None.
13. NEW BUSINESS
a. Resolution authorizing the issuance and sale of RES134-17

Domestic Water Revenue Bonds Series 2017A AGR 17-139
not to exceed $25,000,000 in aggregate AGR 17-140
principal amount for the City of Bakersfield. AGR 17-141
California, approving a Master Trust Indenture,
a FirstSupplemental Trust Indenture, Preliminary
and Final Official Statements, a Bond Purchase
Contract and a Continuing Disclosure
Certificate , and authorizing and directing
J
additional actions in connection with respect
thereto.
Finance Director Smith made staff comments.
Motion by Vice-Mayor Smith to adopt the APPROVED

Resolution.
Councilmember Rivera requested staff work with the

Kern County Historic Preservation Society on installing
Historic Route 99 slgnage.
Councilmember Parlier requested staff clean around

the freeway exit at Ming Avenue before the beginning
of the Kern County Fair.
Councilmember Sullivan made comments regarding

the film Victory by Submission and reminded everyone
that the premier is tomorrow night at 7:00 p .m., at the
Christ Cathedral Church .
J
065
Bakersfield,California,September6, 2017 - Page 13
2 884
15. ADJOURNMENT ACTION TAKEN
I; Mayor Goh adjourned the meeting at 7:06 p.m.
MAYOR of the City of Bakersfield. CA
ATTEST;
C ITY~ Ex Officio Clerk of

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2886
BAKERSFIELD
CITY COUNCIL
[ MINUTES
MEETINGOF SEPTEMBER20, 2017
Regular Meetings- 3:30 p.m. and 5:15 p.m.
REGULARMEETING- 3:30 p.m. ACTION TAKEN
1. ROLLCALL

Sullivan (seated at 3:32 p.m.), Parlier
Absent: None
2. PUBLICSTATEMENTS
None.
3. WORKSHOPS
None.
[ 4. CLOSEDSESSION
a. Conference with Legal Counsel - Initiation of

litigation; Closed Session pursuant to
Government Code section 54956.9(d)(4) (one
potential issue).
b. Conference with Legal Counsel - Potential

Government Code section 54956.9(d)(2),(e}( 1)
{three matters).
Motion by Vice-Mayor Smith to adjourn to Closed APPROVED

Session at 3:31 p.m. AB SULLIVAN
The Closed Session meeting was adjourned at

5:17 p.m.
[
072
2 887
5. CLOSEDSESSIONACTION ACTION TAKEN
a. Conference with Legal Counsel - Initiation of UNANIMOUS

Government Code section 54956.9ld)(4) (one
potential issue).
MOTION BY
COUNCIL TO
PROCEEDAS
RECOMMENDED
J
Litigation; Closed Session pursuant to ACTION ON ALL
Government Code section 54956.9{d) (2),{e) 11) THREEMATTERS
(three matters).
6. ADJOURNMENT

5:21 p.m.
REGULARMEETING-5:22 p.m.
1. ROLLCALL
J
Councilmembers Rivera. Gonzales, Weir,
Freeman, Sullivan, Parlier
Absent: None
2. INVOCATION by Pastor Tom Touchstone, Executive

Pastor of the Valley Bible Fellowship.
3. PLEDGEOF ALLEGIANCEby Brendan Guerra,

Senior from Bakersfield High School, and Chief Master
Sergeant in ROTC Air Force.
4. PRESENTATIONS
a. Presentation of a Proclamation by Mayor Goh

to Jennifer Henry, Executive Director of Linksfor
Life, declaring October, 2017, Paint the Town
Pink Month in Bakersfield.
Ms. Henry accepted the Proclamation, made

comments, and provided a handout to the
Council and staff.
J
073
Bakersfield . California, September 20, 2017 - Page 3 2888
4. continued
PRESENTATIONS ACTION TAKEN
[ b. Recognition by Human Resources Analyst

Collins and Recreation and Parks Specialist
Beck to the recipients of the 2017 Excellence in
Action Award, Extra Mile Award, and
the Shining Team Achievement Recognition
Award for their outstanding services.
Excellence in Action Awards recipients:

Sandra Duncan, Human Resources Clerk;
Sarah Hunley, Accounting Supervisor; Scott
Standridge, Fire Battalion Chief; Kelsey Taylor,
Community Relations Specialist; Connie
Huddleston, Accounting Clerk II; Robert
Manuel, Solid Waste Supervisor II; Ines Tolentino,
Construction Inspector I; Sergio Zambrano,
Traffic Painter II; Laura Rosales, Service
Maintenance Supervisor; Kimber1y Aleman,
Accounting Clerk II; Joe Navarro, Business
Manager; Buffie Kaiser, Administrative Analyst
(not present); Matthew Smith, Fire Engineer (not
present); and Georgina . Lorenzi, Assistant to the
Public Works Director (not present).
[ The recipient of the Shining Team Achievement
Recognition (S.T.A.R.) Award was the Public
Works Deportment Wastewater Division:
Andrew O'brien ; Yvette Roldan; David
Weatherly; Tony Bernard Jr. (not present); and
Jaime Mendoza (not present).
The Extra Mile Award for 2017 was presented to
the Bakersfield Fire Department Swift Water
Rescue Team: Chief William Ballard; David
Seibt; Chris Eucce; Randall Woodard (not
present]; Paul Hitchcock (not present); and
Codi Adams.
5. PUBLICSTATEMENTS
a. The following individuals expressed concern

regarding New Businessitem 13.a., relating to
commercial cannabis act ivity: Gabriel Godinez:
T.J. Esposito; Michael Turnipseed, Kern County
Tax Payers Association; Heather Epps, Kern
Citizens for Patient Rights; Allison Bohannon
[ (submitted written material); and Mortin Smith,

Industrial Partners.
074
6. WORKSHOPS ACTION TAKEN
a.
J
Open Budget Demonstration.
Assistant City Manager Huot provided a

demonstration of the Open Budget Portal.
7. APPOINTMENTS
None.
8. CONSENTCALENDAR
Minutes:
a. Approval of minutes of the September 6, 2017,

Regular Council Meetings.
Payments:

August 25, 2017, to September 7, 2017, in the
payments from August 25, 2017, to September
7, 2017, in the amount of $345,798.51, totaling
$30,144,772.65.
Ordinances:
c. Adoption of an ordinance amending ORD4917

J
Bakersfield Municipal Code Section 1.12.030 by
square feet located along the south side of
Norris Road, generally east of Calloway Drive
and Annexation No. 674 consisting of 1.15 acres
Highway, approximately 500 feet west of Patton
Way to Ward 3. (FR09/06/17)
Resolutions:
d. Resolution identifying vendors, healthcare plans RES135-17

and rates for Citywide health insurance plans
for eligible active and retired employees for the
2018 plan year.
e. Resolution authorizing the City to apply for the RES136-17

Edward Byrne Memorial Justice Assistance
Grant {$136,611) from the U.S.Department of
Justice.
J
075
8. CONSENTCALENDARcontinued ACIION TAKEN
[ f. Resolution determining that Autoscope Rack

Vision Terra Video Detection Systems cannot be
RES137-17
because of the need to integrate said systems

into existing traffic signal infrastructure and
with bidding therefore, not to exceed $205,000
for Fiscal Year 2017-18.
g. Resolution determ ining that certain Pierce RES138-17
Manufacturing fire truck parts cannot be
bidding procedures and authorizing the
Finance Director to dispense with bidding
therefore and purchase Pierce Manufacturing
fire truck parts through South Coast Fire
Equipment, not to exceed $240,000 over a
three-year term.
h. Resolution determining that MUSCO Sports RES139-17
Lights can most efficiently be obtained through
cooperative procurement bidding procedures
from MUSCO and authorizing the Finance
[ Director ta dispense with bidding thereof, not to
exceed $550,000.
i. 2017 transportation funding package: REMOVEDFOR

SEPARATE
l. Resolution amending the Fiscal Year
CONSIDERATION
2017-18 Capital Improvement Program
budget and appropriating additional
Capital Improvement Program projects
to be funded with Senate Bill l, The Road
Repair and Accountability Act, and
authorizing the Public Works Director to
submit said list ta the California
Transportation Commission.
2. Appropriate $2, 100,000 of Senate Bill 1
estimated revenue to the Public Works
Program budget within the RMRA Fund
and transfer $643,978 of funding
currently appropriated
for the Street Resurfacing Capital
[ Gas Tax Fund to fund the road
maintenance and rehabilitation projects
identified ln Exhibit A to the resolution.
076
8. CONSENT CALENDAR continued ACTION TAKEN

ITEM8.i. CONTINUED
3. Appropriate $433,774 loan repayment

from the State to the Public Works
J
Program budget within the Gas Tax Fund
currently appropriated for the Street
Resurfacing Capital Improvement
Program budget within the Gas Tax to
fund the reconstruction of Monitor Street
from Fairview Road to White Lane.
4. Transfer $738,978 of Capital Outlay funds

currently budgeted as the local match
requirement for Federal Resurfacing
Projects to fund the following projects:
Citywide Tree Replacement ($560,000);
Rabobank Arena Radio Upgrade
($75,000); Soundwall Landscaping
Improvements - Hosking Avenue Area
($60,000); Hosking Interchange Bridge
Improvements ($43,978).
j. Resolutions of intention (ROls) to add the

following areas to the Consolidated
Maintenance District and preliminari ly
approving, confirming, and adopting the Public
J
Works Director's Reports:
1. RO! No. 1932 adding Area 3-103 (Tract ROI 1932

7304/NE of Berkshire Road and Old River
Road) - Ward 5
2. ROI No. 1934 adding Area 4-170 (5900 ROI 1934

Comanche Drive) - Ward 3
3. RO!No. 1935addingArea4-171 (301-313 ROI 1935

Dr. Martin Luther King Jr. Boulevard) -
Ward 1
4. ROI No. 1936 adding Area 5-86 (4500 ROf 1936

Hughes Lane) -Ward 7
Agreements:
k. Agreement with COMMUNE Inc. ($75,000) for AGR 17-143

the installation of a two-way radio system at
Rabobank Arena, Theater, and Convention
Center. J
077
Bakersfield, California, September 20, 2017 - Page 7 2892
8. CONSENTCALENDAR continued ACTION TAKSN
[ I. City physician services agreements:
1, Agreement with Central Valley AGR 17-144

Occupational Medical Group. Inc. [not
to exceed $100,000 annually; three year
term).
2. Agreement with Vernon C. Sorenson, AGR 17-145

M.D. DBA Memorial Occupational
Medicine (not to exceed $100,000
annually; three year term).
m. Professional enginee~ing services agreement for

fhe 1,2,3 -Trichloropropane [TCP) Mitigation
Project:
l. Agreement with Meyer Civil Engineering, AGR 17-146

Inc .. for professional engineering services
for the TCP Mitigation Project (not to
exceed $275,000).
2. Appropriate $275,000 in fund balance to

the Water Resources Capital
[ Improvement Program budget within

n. Amendment No. 2 to Agreement No. 13-165 AGR 13-165(2)

with Bakersfield Society for the Prevention of
Cruelty to Animals for the management of the
City 's Animal Care Center.
0. Amendment No. 4 to Agreement No. 14-272 AGR 14-272(4}

with Equarius Waterworks, Meter & Automation
Group ($100,000; revised not to exceed
$816,229.29 and extend term one year) for the
continued supply of water meters.
p. Amendment No. 1 to Agreement No. 15-219 AGR 15-219(1)

with BC Laboratories ($50,000; revised not to
exceed $200,000 and to extend term one year-)
to provide laboratory services for the Public
Works Department. Wastewater Division.
q. Amendment No. l to Agreement No. 16-220 AGR 16-220(1)

with Tate's Janitorial Service ($51,135; revised
not to exceed $98,935 and extend term one
l year) for the continued supply of janitorial

service at the Amtrak Station.
078
r. Design/build agreement for the 1,2,3 -

Trichloropropane (TCP) Mitigation Project:
1. Amendment No. 2 to Agreement No. AGR 17-084(2)

J
17-084 ($1,000,000;revised not to exceed
$2,839,662) for design and construction
costs ossociated with the TCP Mitigation
Project.
2. Appropriate $1,000.000 in fund balance

to the Water Resources Capital
Improvement Program budget within
the Domestic Water Fund.
s. Contract Change Order Nos. 3, 4, 5, 6, and 7 to AGR 17-044

Agreement No. 17-044with Security Poving CCO 3, CC04
Company {$134,049.80; revised not to exceed CCO5, CCO6
$41,293,271.90; change orders funded 80 CC07
percent with Federal Earmark funds and 20
percent with Capital Outlay Utility/Roads funds)
for the Kern River Bridge Improvement Project.
(TRIP)
J
Property AcquisitionAgreements - TRIP:
t. Contract Change Order No. 1 to Agreement AGR 17-067

No. 17-067 with Interior Demolition ($19,260; not cco J
to exceed $177,622) for demolition of
improvements for Phase 20 of the Centennial
Corridor Project.
Bids:
u, Extend bid from Golden State Peterbilt,
Bakersfield, ($1,363,835.56)for four replacement
three-axle side-loading refuse trucks for the
Public Works Department, Solid Waste Division.
V. Extend bid from Golden State Peterbilt,

Bakersfield, ($331,329.71) for a replacement
four-axle front-loading refuse trucks for the
Public Works Department, Solid Waste Division.
W. Extend bid from Golden State Peterbilt,

Bakersfield, ($356.585.12) for an additional four-
axle side-loading refuse truck for the Public
Works Department, Solid Waste Division.
J
079
2 894
l x. Accept bid from Johnson Equipment

Company, Perris,California, ($94,378.66) for
Code 3® light bars and accessories.
y. Accept and approve contract with Cal-Stripe AGR 17-147

Inc. 1$79,549.20) for the construction of Remove
II Program ; Bicycle Lane Improvements Project
(various locations).
z. Accept bid and approve contract with AGR 17-148

California Professional Engineering, Inc.
($462,027.50), for the Traffic Signal Interconnect
Part 14 Project on Stockdale Highway from
Allen Road to Coffee Road .
Miscellaneous:
Assistant City Clerk Drimakis announced staff

memorandums were received regarding items 8.a.
and 8.e., transmitting corrected documents.
[ Councilmember Rivera requested that item B.i. be

removed for separate consideration ..
APPROVED
Motion by Vice-Mayor Smith to adopt Consent
Calendar items 8.a. through 8.z., with the removal of
item 8.i. for separate consideration.
i. 2017 transportation funding package:
l, Resolution amending the Fiscal Year RES140-17

2017-18 Capital Improvement Program
budget ond oppropriating additional
Capital Improvement Program projects
to be funded with Senate Bill 1, The Road
Repair and Accountability Act, ond
outhorizing the Public Works Director to
submit said list to the California
Transporlotion Commission .
l
080
8. CONSENTCALENDARcontinued ACTIONTAKEN
ITEM8.i. CONTINUED
2. Appropriate $2, 100,000 of Senate Bill l

J
Program budget within the RMRA Fund
GasTaxFundtofundtheroad
identified in Exhibit A to the resolution.
3. Appropriate $433,774 loan repayment

4. Transfer $738,978 of Capital Outlay funds

currently budgeted as the local match
J
Rabobank Arena Radio Upgrade
($75,000); Soundwall Landscaping
($60,000J; Hosking Interchange Bridge

Consent Calendar Item B.i.1.. 8.i.2.. and B.i.3.
Motion by Councilmember Sullivan to continue

Consent Calendar Hem 8.i.4.
Motion by Councilmember Weir to adopt APPllOVED

Consent Calendar Item B.i.4. NOES RIVERA
J
None.
081
2896
10. HEARINGS ACTION TAKEN
None.
11. REPORTS
None.
12. DEFERRED
BUSINESS
None.
13. NEW BUSINESS
a. Firstreading of an ordinance adding Sections FR

l 7.04.129 and l 7.04.154 and amending Section
l 7 .08.050 of the Bakersfield Municipal Code
relating to Commercia l Cannabis Activity.
City Attorney Gennaro made staff comments

and provided a PowerPoint presentation .
Motion by Vice-Mayor Smith to approve the APPROVED

staff recommendation and give firstreading of NOES RIVERA
the Ordinance.
[ 14. COUNCIL AND MAYOR STATEMENTS
None.
15. ADJOURNMENT
Mayor Goh adjourned the meeting at 6:56 p.m.
ATTEST:
lib
CITYCLERKand Ex Officio Clerk of
the Counci l of the City of Bakersfield
[
082
2897 Bakersfield, California, September 20, 2017- Page 12
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083
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085
086
City of Bakersfield
Five Year Budget Projections of Revenues and Expenses
087
Overview
Councilmember Smith requested revenue and cost budget
projections for the next five years
Cal PERS retirement costs continue to escalate year after year
Medical costs continue to rise as well
Staff have gone without Cost of Living adjustments (COLA) for 2-3
years
Major revenue streams ( property & sales taxes ) struggle to keep
pace with these issues and normal City growth needs.
Several assumptions need to be made in order to make multi-year
projections of both revenues and expenses
088
Scenario #1 - Assumptions
Revenues
Sales tax – increase by 3% each year
Property tax – increase by 5% each year
All other revenues – increase by 2% each year
Future years assume General Fund will have $15 million of savings each year
Revenues exceeding budget estimates / cost savings due to vacant positions, etc.
Expenses
Additional Positions – No new positions for the next 5 years
Salary Increases – No Cost of Living increases for the next 5 years
PERS Costs – increases based on CalPERS actuarial estimates
Medical Costs – increase by 5% per year
Workers Compensation Costs – increase by 4% per year
All other expenses – increase by 2% per year
089
Scenario #1 – Results
Revenue / Expense Overview
2017-18 2018-19 2019-20 2020-21 2021-22 2022-23
Total Sources $ 201,445,000 $ 203,853,000 $ 210,685,000 $ 217,795,000 $ 225,196,000 $ 232,900,000
Total Uses $ 201,445,000 $ 208,885,000 $ 216,078,000 $ 223,185,000 $ 229,679,000 $ 235,700,000
Net Surplus/(Deficit) $ 0 $ (5,032,000) $ (5,393,000) $ (5,390,000) $ (4,483,000) $ (2,800,000)
Conclusions
Next Year’s budget gap is estimated at $5 million.
Permanent cuts (staffing reduction) in FY 18-19 would reduce gap in year 2 down to
about $400,000
PERS costs begin to flatten out in years 4 & 5; providing some budget relief.
Staff does not believe that “no growth” in staffing and no COLA adjustments over
the past 3 years PLUS the next 5 years looking forward is an acceptable set of
circumstances.
090
Revenues – (same as before)
Expenses
Additional Positions – Add 1% staff per year = 13 positions per year
A mix of Safety and Miscellaneous staffing
Cost of Living Increase (COLA) – 1.5% per year for the next 5 years
Other cost assumptions same as prior scenario
091
Scenario #2 – Results
Revenue / Expense Overview
2017-18 2018-19 2019-20 2020-21 2021-22 2022-23
Total Sources $ 201,445,000 $ 203,853,000 $ 210,685,000 $ 217,795,000 $ 225,196,000 $ 232,900,000
Total Uses $ 201,445,000 $ 211,853,000 $ 221,685,000 $ 231,495,000 $ 240,696,000 $ 249,400,000
Net Surplus/(Deficit) $ 0 $ (8,000,000) $ (11,000,000) $ (13,700,000) $ (15,500,000) $ (16,500,000)
Conclusions
Next Year’s budget gap grows to $8 million.
FY 19-20 (year 2) budget gap is an additional $3 million
Year 3 gap is an additional $2.7 million
Each Year it will be harder and harder to achieve
the $15 million fund balance assumption
092
How do we solve the Gap?
Either
Cut Staffing Levels or
Increase General Revenues
093
Appendix
– Assumptions & Tables
094
Assumptions – Scenario #1
Revenues
Expenses
Additional Positions – No new positions for the next 5 years
Salary Increases – No Cost of Living increases for the next 5 years
PERS Costs – increases based on CalPERS actuarial estimates
Medical Costs – increase by 5% per year
Workers Compensation Costs – increase by 4% per year
All other expenses – increase by 2% per year
City of Bakersfield
Sources vs. Uses - Five Year Budget Projections
S240.000,000
S235,700,000
$230,000,000
$220,000,000
$210,000,000
5200,000,000 S201,445,ooo
5190,000,000
5180,000 ,000
2017-18 2018-19 2U19-LU lU20-n lUll·l2 Z\Jl.l-23
- Total Sources - Total Uses
095
City of Bakersfield
General Fund Revenue Detail - Five Year Budget Projections
$250,000,000
$200,000,000
$150,000,000
$100,000,000
$50,000,000
s
2017-18 2018-19 2019-20 2020-21 2021-22 2022-23
■ Property Tax ■ Sales Tax ■ Other Taxes ■ License & Permits ■ Grants ■ Charges for Service ■ Fines & Assessments ■ Miscellaneous ■ Transfers In ■ Fund Balance
096
City of Bakersfield
General Fund Expense Detail - Five Year Budget Projections
$250,000,000
$200,000,000
$ 150,000,000
$ 100,000,000
$50,000,000
S-
2017-18 2018-19 201g_20 2020-21 2021-22 2022-23
■ Salary & Bene fits ■ Operati ng Costs ■ Capital Out lay ■ Ret ir ee Med ical ■ Accrued Leave payouts ■ Other Non-depa rtm enta l ■ Tr ansfers Out
097
City of Bakersfield - General Fund
Salary & Benefits Detail - Five Year Budget Projections
$200,000,000
$180,000,000
$160,000,000
$140,000,000
$120,000,000
$100,000,000
$80,000,000
$60,000,000
$40,000 ,000
$20,000,000
$-
2017-18 2018-19 2019-20 202(}21 2021-22 2022-23
■ Base (persable) Salaries ■ Overtime ■ Active Medical ■ PERSCosts ■ Workers Compensation ■ Other benefit costs
098
099
Assumptions – Scenario #2
Revenues (same as before)
Expenses
Additional Positions – Add 1% staff per year = 13 positions
4 police; 2 fire; 7 misc.
Cost of Living Increase (COLA) – 1.5% per year for the next 5 years
Other cost assumptions same as prior scenario
City of Bakersfield - Scenario #2
$270,000,000
$249,400,000
$250,000,000
$230,000,000
$210,000,000
$203,853,000
$201,445,000
$190,000,000
$170,000,000
$150,000,000
2017-18 2018-19 2019-20 2020-21 2021 -22 2022 -23
- Total Sources - Tota l Uses
100
General Fund Revenue Detai l - Five Year Budget Project ions
$250,000,000
$200,000,000
$ 150,000,000
$ 100,000,000
$50,000 ,000
s
2017-18 2018-19 2019-20 2020-21 2021-22 2022 -23
■ Property Tax ■ Sales Tax ■ Othe r Taxes ■ License & Permits ■ Grants ■ Charges for Service ■ Fines & Assessments ■ Miscellaneous ■ T ra n sfe rs In ■ Fund Balance
101
Gene ral Fund Expense Detail - Five Year Budget Projections
$300,000,000
$250,000,000
$200,000,000
$150,000,000
$ 100,000,000
$50,000,000
S-
2017-18 2018-19 201g_20 2020-21 2021-22 2022-23
■ Salary & Bene fits ■ Operat ing Costs ■ Capital Out lay ■ Ret ir ee Med ical ■ Accrued Leave payouts ■ Other Non-depa rtm enta l ■ Tr ansfe rs Out
102
City of Bakersfield - General Fund - Scenario #2
Salary & Benefits Detail - Five Year Budget Projections
$250,000 ,000
$200,000,000
$150,000,000
$100,000,000
$50,000 ,000
$-
2017-18 2018-19 2019-20 202(}21 2021-22 2022-23
■ Base (persable) Salaries ■ Overtime ■ Active Medical ■ PERSCosts ■ Workers Compensation ■ Other benefi t costs
103
Revenue Generation Discussion
7/19/2017
104
Overview
Previous closed session discussion on topic led to Council’s request for
additional information on the types of potential tax measures and revenue
estimates
Desire to wait until the Ward 5 election concluded
Discussion in response to reoccurring economic conditions which have not

allowed for any incremental expansion of services or staffing in response to
community growth
CalPERS increases
105
Overview
Outside of the property tax, cities have authority to impose a broad range of taxes,
however…
Proposition 218 (1996) requires voter approval for all local tax increases
Kern County and City of Bakersfield voters/legislators historically have rejected the
concept of new or additional taxes; however….
November 2016 Local Election Results:

Delano voters approved extension of 1% add-on sales tax
Ridgecrest voters approved 1% add-on sales tax
Wasco voters approved 1% add-on sales tax
7 of 8 Kern school bond measures passed, including countywide college district bond ($502
million)
106
Common Local Revenue Measures
Add-On Sales Tax
Parcel Tax
Hotel Tax
Business License Tax
Utility User Tax
107
Types of Non-School Local Tax Measures
Sales November 2016
UtilityUser
HotelOccupancy
Businesslicense UtilityUsers
Parcel. GO Bond Tax 8
Other
...
SalesTax
• - I
..........Majority
Vote
·,~Recial, i 2/3 \ BusnlicTax
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Busnl fcTax Cannabis ,
\
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Special 1
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Busnli cTax
Hotel Tax 39 Other 11
Special 6
PropTransf Tax 2
GeneralTax Other 1
108
General vs. Special Tax Measures
General tax measure: approved by a simple majority - 50 percent plus one vote - if the tax
revenue is designed to go into the general fund for unspecified use
Special tax measure: If tax is earmarked for a specific use or special fund, a two-thirds
supermajority vote is required for approval
Hybrid: general tax measure + advisory measure

Advisory measure is a separate majority + one ballot measure that specifies the use of the general tax
measure funds should that tax measure pass
Historical data shows general tax measures, regardless of type, have a 66 percent success rate
since 2001
Special tax measures, regardless of type, have a 47 percent success rate since 2001
109
Local Add-On Sales (Transactions and Use) Taxes
The transactions and use tax may be imposed at a rate of 1/8th cent (.125 percent) or a multiple
thereof
The ordinance proposing the tax must be approved by a two-thirds vote of all members of the
City Council
Ballot measure costs are determined by several factors; Expect $100,000+ in election costs
If for general purposes, the tax must be approved by a majority vote of the voters in the city
If for specific purposes, the tax must be approved by a two-thirds vote of the voters in the city
The maximum combined rate of transactions and use taxes in any location may not exceed 2
percent (not applicable in Bakersfield)
110
If approved by voters, the new tax becomes effective the first day of the
first calendar quarter more than 110 days after the adoption of the
ordinance by the voters
Example: November approval = collections begin in April
Board of Equalization charges a one-time processing fee not to exceed

$175,000 to implement the new tax district
BOE also charges ongoing administrative fees to remit the new sales tax
revenues to the City, dependent on a variety of factors (City is charged a
similar fee now for the base 1 percent)
111
68 City add-on sales tax measures active throughout CA as of April 2017
Local tax measure results from the November 2016 election:

The most common type of local revenue (non-school) tax measure was a general
add-on sales tax measure
51 of the 59 general measures passed (86 percent)
15 of the 30 special measures passed (50 percent)
Historical Data, 2001 to 2012

174 general sales tax measures on ballot; 116 passed (66 percent)
61 special sales tax measures on ballot; 27 passed (44 percent)
112
Transactions and Use Taxes
Majority Vote, General Purpose
November 2016
Woodland• Loomis
West Sacramento
Saint Helena
Santa Rosa County of Solano
Vacaville"
Sonoma•
Fairfield•
uisun crw Isleton
'n llejo• Rio Vista•
Falrfa~ Pleasant Hill
Lafayette
San Francisco Tracy
Newark
Belmoot
East Palo Alto
County of San Mateo•
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Fail
.1
e 1t4cent
e 112 cent
cent
© 2016 Michael Coleman
113
Two-thirds Vote, Special Purpose
November 2016
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114
Rank City County State Base Sales Tax Rate County Add-On Rate City Add-on Rate Total Sales Tax Rate
1 Los Angeles Los Angeles 7.25% 1.50% 0% 8.75%
2 San Diego San Diego 7.25% 0.5% 0% 7.75%
3 San Jose Santa Clara 7.25% 1.50% 0.25% 9.00%
4 San Francisco San Francisco 7.25% 1.25% N/A* 8.50%
5 Fresno Fresno 7.25% 0.73% 0% 7.98%
6 Sacramento Sacramento 7.25% 0.50% 0.50% 8.25%
7 Long Beach Los Angeles 7.25% 1.50% 1% 9.75%
8 Oakland Alameda 7.25% 2% 0% 9.25%
9Bakersfield Kern 7.25% 0% 0% 7.25%
10 Anaheim Orange 7.25% 0.50% 0% 7.75%
11 Santa Ana Orange 7.25% 0.50% 0% 7.75%
12 Riverside Riverside 7.25% 0.50% 0% 7.75%
13 Stockton San Joaquin 7.25% 0.50% 1.00% 8.75%
14 Chula Vista San Diego 7.25% 0.50% 0% 7.75%
15 Irvine Orange 7.25% 0.50% 0% 7.75%
16 Fremont Alameda 7.25% 2.00% 0% 9.25%
17 Santa Clarita Los Angeles 7.25% 1.50% 0% 8.75%
18 San Bernardino San Bernardino 7.25% 0.50% 0.25% 8.00%
19 Modesto Stanislaus 7.25% 0.125% 0% 7.38%
20 Fontana San Bernardino 7.25% 0.50% 0% 7.75%
115
The City currently receives 1 percent of the 7.25 percent sales and use tax;
$63 million projected in FY 2017-18
No additional sales tax currently assessed beyond the 1 percent
Additional add-on sales tax allocated within General Fund is unrestricted in

use
New positions, programs and services
Potential revenue from an add-on sales tax measure varies based on

percentage of the additional sales tax
116
Sales Tax Revenues – Base Rate + Estimated Add-On
$140,000,000
$120,000,000
$100,000,000
$63,000,000
$47,250,000
$80,000,000 $31,500,000
$15,750,000
$7,875,000
$60,000,000
$40,000,000
$63,000,000 $63,000,000 $63,000,000 $63,000,000 $63,000,000
$20,000,000
$0
0.125% 0.25% 0.50% 0.75% 1%
■ Base Sales Tax ■ Add-On Estimate
117
Parcel Tax
Local governments that may impose parcel taxes include cities, counties and special districts, such as schools, hospitals
and public safety districts
Parcel taxes are imposed on parcels of property – sections of land identified by number by the assessor of each county
A parcel tax is different from a traditional ad valorem property tax, in that it is imposed on a per parcel basis, and is not
based on the value of the property
Not tax deductible
Based on either a flat per-parcel rate or a rate that varies depending upon use, size, and/or number of units on each parcel
Two-thirds vote of the public is required to approve parcel taxes (no exceptions)
Exemptions can be written into the measure – senior citizens, undeveloped property, government property, low-income,
etc.
118
Parcel Tax
Among cities that enacted flat-rate parcel taxes between 2002 and 2012, the median was $60 per parcel

The second most common type of local revenue (non-school) tax measure was a parcel tax:
23 of the 39 parcel tax measures passed (58 percent)

396 parcel taxes measures on ballot; 180 passed (45 percent)
Generally, measures for fire and emergency medical services were more successful than others
The most successful measures were more broad-based public safety measures which permitted use of the
funds for fire, medical and police services
115,000± individual parcels within the City boundaries
119
Parcel Tax
Parcel Tax
$14,000,000
$12,000,000 $11,500,000
$10,000,000 $9,200,000
$8,000,000
$6,900,000
$6,000,000
$4,600,000
$4,000,000
$2,000,000
$-
$40 $60 $80 $100
•Parcel Tax
120
City Involvement in Tax Measures
City can:
Place a measure on the ballot
Prepare an objective and fact-based analysis on the effect of a ballot measure on the City and
those the City serves
Distribute the analysis through regular City communications channels (web site, Gen Info,
etc.)
Study a ballot measure and distribute report about the impacts
Make public presentations on staff recommendations in the event that the measure passes
or fails
Adopt a position on the measure, as long as that position is taken at an open meeting where
public comment is received
121
Staff and elected officials cannot:
Engage in campaign activities on while on City time or using City resources
Use City resources (including office equipment, supplies, staff time, vehicles or public funds) to engage in advocacy-related
activities, including producing campaign-type materials, Door-to-door canvassing or performing campaign tasks
Use public funds to pay for campaign-related expenses (for example, television or radio advertising, bumper stickers, and
signs) or make campaign contributions
Use City computers or email addresses for campaign communication activities
Use City communication channels to distribute campaign materials (for example, internal mail systems, City bulletin boards,
or the City’s email or intranet systems)
Post links to campaign websites on the City’s website
Give preference to campaign-related requests to use City facilities
122
Timelines
General tax elections must be consolidated with a regular election of
the governing body (November 2018)
Special taxes may be on the ballot for a regular or special election
Consultant? Voter surveys?
City council must call election on measure 88 days before election
123
Questions?
124
Revenue Discussion
SEPTEMBER 6, 2017
125
Recap
 Growth of major General Fund revenue sources lagging expenses

 Unlikely oil sector will rebound to 2014 levels in foreseeable future
 Online retail sales impacting sales tax
 Significant known cost increases on horizon

 PERS
 Healthcare
 Utilities (electricity, water)
126
Recap
 City continues to grow – service levels need to coincide
 Council Goals and priorities focus on maintaining and enhancing

basic public services
 Police, Fire, Streets, Code Enforcement
 Emphasis placed on enhancing quality of life programs/services

 Parks, Recreational Activities, Lighting, Beautification
 Employees have not received any wage adjustment since 2014 or

2015, depending on employee group
127
Downsizing and Adjustments
 City has taken difficult, comprehensive and wide-ranging steps to align

General Fund expenses with revenues:
 FY 2014-15: City received $2 million unanticipated state reimbursement,
otherwise cuts were imminent
 FY 2015-16: $10.4 million (deferred COLA adjustments, new equipment)
 FY 2016-17: $4.5 million (including elimination of 13 full time positions)
 FY 2017-18: No significant discretionary increases allowed
 Services, programs and full-time positions have been reduced or

eliminated
 Non essential travel ban, temporary employees, overtime, tuition

reimbursement program, council contingency
128
Downsizing and Adjustments
 Have shifted some Gas Tax from capital improvement budget back
to the Streets Division operating budget
 Supplants General Fund revenues
 Taken one time actions in an effort to bide time for economy to

recover
 Eliminating/deferred capital projects – shifted funds to operating
budget
 Reduced City’s compensated absences reserve
 Deferred a retiree healthcare trust payment
129
What More Can Be Done?
 All Position Hiring Freeze/Staffing Reduction

 Must include Public Safety (62% of General Fund)
 Further reduce levels of service, response times to non-urgent matters
 Frequency of basic services impacted further
 Response times impacted
 Retention and employee morale issues
 Close City Facilities

 Fire Stations
 Community Centers
 Pools, Spray Parks
 Stop expansion or planning efforts associated with new capital projects that are
anticipated to have an operational impact on the General Fund
130
New Revenue Opportunities
 Sales tax measure

 Use can be unrestricted or defined – voter approval thresholds apply
 $7 million to $50 million estimated to be generated annually
 November 2018
 Parcel tax
 Use is defined
 Normally a flat assessment, not based on property value
 Requires 2/3rds vote (no exceptions)
 $5 million to $11 million estimated to be generated annually
 November 2018
131
General Fund and CIP Budgets
Top 10 Cities
Population
City Adopted General Fund Budget (16-17) General Fund $ Per Capita Capital Improvement Budget (16-17)
Rank
1 Los Angeles $ 5,580,000,000 $ 1,381 $ 417,750,859
2 San Diego 1,337,981,387 951 420,996,485
3 San Jose 1,271,288,298 1,215 878,413,605
4 San Francisco* 4,859,781,042 5,559 522,138,927
5 Fresno 294,265,000 560 318,331,000
6 Sacramento 438,834,000 890 71,400,000
7 Long Beach 478,431,377 996 594,577,825
8 Oakland 530,689,270 1,246 32,150,843
9 Bakersfield 195,975,000 511 54,077,840
10 Anaheim 303,800,000 847 295,558,169
132
Next Steps
 Additional staff research and/or Council discussion
 If Council is interested in pursuing, early 2018 is recommended

target to begin formal process
 Engage a consultant for survey research

 Help provide the Council and staff with a clear understanding of the
opinions, perceptions, priorities, and behaviors of voters
133
REVENUE DISCUSSION
9/20/17
134
FOLLOW UP
Overview of consultant services
Additional budgetary information
Detailed “Cut” Scenarios
Gas Tax Information
Timeline
135
CONSULTANTS
Consultants are typically utilized to perform two distinct

activities:
Viability assessment/Polling services
Non-advocacy outreach services
Can be done by the same firm, different firms or a
partnership of two firms
Normally done in stages
Very common among cities considering placing a measure
on the ballot
136
CONSULTANTS
Viability Assessment/Polling Services

Review of type of measure and amount of potential
measure
Polling services can include both telephone and web-
based questionnaires
Generally takes 6 weeks to plan and conduct voter
surveys through e-mail and telephone questionnaires
Sample size, type and length of questionnaire determine
costs: $50,000 to $70,000
137
CONSULTANTS
Viability Assessment/Polling Services

Satisfaction with current City government services
Perceptions of the City’s management of tax dollars and provision of services
Support for a general purpose and/or special tax measure
Support for various amounts of a tax
A ranking of the importance of various services that the City could potentially
enhance with additional funding
Reactions to major arguments for and against a measure followed by questions to
detect shifts in vote preferences
Sources of information voters use most often to inform themselves about major
issues in the community
Comprehensive demographic characteristics
138
CONSULTANTS
Non-advocacy Outreach Services

A non-advocacy public education program is designed to build
additional community awareness prior to the election being called
Provides information only, does not advocate for a ballot measure
Normally implemented after polling is complete and prior to
placement of a measure on the ballot
Outreach activities subside once measure is placed on the ballot
Avoids potential conflicts in regards to using public funds to
advocate for tax measure
Cost depends on scope of work: $50,000 to $100,000
139
CONSULTANTS
Non-advocacy Outreach Services

Recommends and updates preparation and project action plan(s) and
timeline(s)
Develop text copy for informational materials
Recommend strategies to disseminate information, consistent with the
City's practices and advise on additional communications avenues to
disseminate its information, such as use of City website, social media and
traditional approaches
Work with the City to provide clarifying or correct information to the
public as needed
Provide ongoing advice as needed, including added value to the development
of staff reports, city resolutions, and ballot materials
140
BUDGET PROJECTIONS
Can staff provided more precise budget projections for a three year period looking forward?
General Fund projections shared previously are based on historical revenue trends and
practical scenarios for expenditures moving forward
Predicting more detailed budgetary projections is challenging due to ongoing, annual fluctuations
for a variety of primary revenues/expenditure items
Revenues
Oil sector and retail (sales tax)
Housing sector (development permits/fees)
State action (positive or negative)
Expenditures
CalPERS: employer rates have fluctuated greatly year to year
Healthcare: usage and state/federal policy impacts
Utility rates: timing and rate adjustments from PG&E/Cal Water
Labor agreements: no cost of living adjustments since 2014 or 2015, depending on the group
141
SERVICE IMPACTS/ALTERNATIVES
What are specific types of service-related cuts that will be necessary if a tax
measure is not successful?
Staffing is the largest General Fund cost (81% in FY 2017-18)
The most impactful means to reduce ongoing General Fund spending is to reduce
personnel costs
City remains 6% below pre-recession staffing levels
Population has increased 15% since 2008; City area has grown 11% over same time
Review vacant, full time positions for elimination – for example:
Currently 70 General Fund positions vacant citywide (51 are within the police department)
All General Fund departments would likely be subject to further reductions
Result: service levels, programs and response times would suffer
142
Other potential savings:

Closure of fire station(s)
Reducing firefighter positions does not result in budget savings without closure of
a station
Reduction of recreation programs and facility hours
Increase time between certain non-essential activities – lawn mowing, streetscape
maintenance, striping, preventative street maintenance, facility maintenance and
upkeep
Recommended service level reductions will be brought to the Council based on
consultation with each department as it relates to the level of cuts necessary
143
GAS TAX
$7.28 million budgeted in FY 2017-18 (not including SB 1 funds)

$4 million for street resurfacing
$3.1 million for Centennial Corridor
$185,000 for White Lane Rehab Project (local match)
144
TIMELINE
September/October 2017: Issue request for proposals for consultant

November 15, 2017: Staff presentation at City Council Meeting – open session
December 13, 2017: Award consulting firm agreement for viability assessment/polling
services; non-advocacy outreach type activities (optional)
December 2017 – February 2018: Voter Surveys/Focus Groups
March 2018: Review survey results and determine next steps
April 2018 – June 2018: Transition to non-advocacy outreach
June 2018: Adopt and submit necessary resolution and items to the County Elections Office:
Ballot Measure Text
Ballot Question
An impartial analysis to be submitted by the City Attorney
November 6, 2018: Election Day
145
QUESTIONS?
146
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Californians Aware • 2218 Homewood Way, Carmichael CA 95608 • (916) 949-4944 • info@calaware.org
156
Exhibit G 157
Mayor Karen K. Goh
Cit} ,,f Bul...crsticld
November 3, 2017
Mr . David Snyder
FIRSTAMENDMENT COALITION
534 Fourth Street, Suite B
San Rafael, CA 9490 r
Re: Request for Access to Public Records (Govt. Code§ 6250 et seq.);
Demand to Cease and Desist (Govt. Code§ 54950 et seq.)
Dear Mr. Snyder:
This letter will acknowledge receipt of your letter dated October 18, 2017,
concerning. the above requests. The public records aspect of your letter was
addressed via correspondence by the City Attorney on October 23, 2017. This
correspondence relates to your demand to cease and desist pursuant to Govt. Code
§54960.2, subdivision (c).
The Bakersfield City Council understands the importance of transparency and

the Brown Act. We have attended classes sponsored by the League of Cities about the
background, intent, and specifics of the Brown Act; we receive ongoing advice from
our City Attorney about the applicability of the Brown Act in our daily work; and on
August I 5. 2012, we adopted "A Resolution Adopting A City Policy To Adhere To The
Brown Act Despite The State's Decision To Suspend Some Of Its Provisions For Three
Years" therefore. agreeing to continue to follow the Brown Act regardless of a
reduction in state-mandated costs.
After careful consideration of your demand and review of the pertinent material ,
the City Council is confident that it did not violate the Brown Act and we remain
committed to convening and agendizing our closed sessions within the parameters of
the law.
v~~,(
KAREN GOH
Mayor
cc: City Councilmembers

Virginia Gennaro, City Attorney
Alan Tandy, City Manager
S:\MA YOR\Letters\ 17-18\Firi!AmendCoorition .docx
Onkcrstield Cit) Hull I 1600 Trt1:\1Ut1A\.cnue Baker-,lit'IJ.CA 9J30 I

158
166113~•'-i-377 0 1111a:,~m
£1huker-.fielrk1t~
u~
Exhibit H 159
Mayor Karen K. Goh
City of Bakersfield
November 3, 20 l 7
Terry Francke, General Counsel

CALIFORNIANSA WARE
2218 Homewood Way
Carmichael, CA 95608
Dear Mr. Francke:
concerning the above requests. The public records aspect of your letter was

the Brown Act. We have attended classes sponsored by the League of Cities about the
August 15, 2012, we adopted "A Resolution Adopting A City Policy To Adhere To The
Years" therefore, agreeing to continue to follow the Brown Act regardless of a
After careful consideration of your demand and review of the pertinent material,
committed to convening and agendizing our closed sessions within the parameters of
the law.
v~~~
KARENGOH
Mayor

Alon Tandy, City Manager
S:\MAYOR\Letfers\ 17-18\CaliforniansAware.docx
Bakersfield City Hall I 1600 Truxtun Avenue I Bakersfield , CA 93301

(661) 326-3770 I mayor @bakersfieldcity.us
160
Exhibit I 161
CIT\ ' ATl'ORNEY
VIRGl~li\ GENNARO
1600 TRUXTllN AVENUE
OEPl 'T\ crn ArroRi\EY FOURTH FLOOR
Joshua 11. Rudnh:k BAl,;.ERSFIELD, Cl\ 93301
J\11clrc1\llcg.lund
Richard lgcr TELEPIIONr.. 661-326-3721
FAC !MIL£: 661-852-2020
ASSOCIATE CITY ATTORi\E'I'
Viridiana Gallardti.King.
OFFICE OF THE CITY ATTORNEY
October 23, 2017
Mr. David Snyder

534 Fourth Street Suite B
San Rafael, CA 9490 l
Re: Public Records Request
Dear Mr. Snyder:
This letter is in response to the Public Records aspect of your letter

received by the City of Bakersfield on October 19, 20 l 7. Responsive documents
ore attached.
If you have any questions, feel free to call me at (661)326-3721.
Very truly yours,
VG:lsc
Attachments
cc {w/o att}: Robin Bice , Deputy City Clerk
Chris Huot. Assistant City Manager
~:\CLERK\f>ub l?ec,\ I 7-18\Fi1slAmendment .8rownAcl.docx
162
CITY ATTORNEY
VIRGINIA GENNARO
1600 TRUXTUN A VENUE
DEPUTY CITY ATI"ORNEY FOURTH FLOOR
Joshua H. Rudnic k BAKERSFIELD , CA 93301
Andrew Heglund
Richard lger TELEPHONE: 661-326-3721
FACS IMILE: 661-852-2020
ASSOCIATE CITY ATTORNEY
Viridiana Gallardo-King
October 16, 20 l 7
Mr. Terry Francke

CALIFORNIANS AWARE
2218 Homewood Way
Dear Mr. Francke:

received by the City of Bakersfield on October 10, 2017. Responsive documents
are attached .
If you have any questions, feel free to call me at (661 )326-3721.
Very truly yours,
dd aMCG ~p~y-
v1R1D1ANAGALLARDO-KING
Associate Attorney
VG :lsc
cc: Robin Bice , Deputy City Clerk
Chris Huot, Assistant City Manager
S:\C LERK\ Pub Recs\ 17-18\C o lAwar e.d oc x
163
Exhibit J 164
•
OFFICEOF THECITYMANAGER
October 6, 2017
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager ..fll'T
SUBJECT: General Information
Notable Items
, In the wake of the mass shooting in las Vegas over the weekend, the Mayor, local
pastors and community leaders gathered to lead the community in a time of prayer
on Monday. Our thoughts and prayers remain with the aggrieved families in our
community and around the country who have been affected by this tragedy. We
send our best wishes to Bakersfield Police Officer Aaron Mundhenke for a full and
speedy recovery.
, The October 11th Council agenda has an unusual number of significant items.
o There are three items for the Sports Village as follows:

• Award contract for installation of sports field lighting on phase 2
• Award contract for construction of soccer stadium improvements in
phase 3
• Resolution for purchase of sports field lighting for the soccer stadium
improvements in phase 3
o There is a bid award on the 24th Street sound walls as well as consideration of
a pedestrian crossing issue.
o There is also a bid award on the sewer adjustments which are a part of the
Centennial Corridor. That will be followed over the new few meetings with a
contract on the road adjustments, some related work on the West Side
Parkway and the at grade sound walls. Cumulatively between these
contracts there is a lot that will be going on!
o Finally, and perhaps most important, is a presentation requested by City

Council on how emerging trends will impact the finances of the City over the
next several years.
165
General Information
October 6, 2017
Page 2
► The City has received information supplemental in nature to the quarterly sales tax
information provided to the council in the September 15th General Information
memo. The overall results of the quarter remain the same (quarterly change of
positive 5.05%). This supplemental information provides indication of what industry
types are going better or worse than citywide average results for the given period.
The general categories of Used Car Dealers, Service Stations and Public
Utility/Transport Services performed above average compared to the same quarter
last year. The categories of Grocery Stores and Department Stores performed below
average compared to the same quarter last year. Our Finance Director, Nelson
Smith, has provided a memo and chart of the top ten industry categories.
, You may recall that when we were conducting the extensive renovations of Fire
Station 8 we had to create a temporary fire station utilizing a mobile home unit
located at Panorama Drive and Columbus Street. Now that the newly renovated
Fire Station 8 is up and running, we are re-tasking the mobile home unit which
previously served as the temporary station. The unit was relocated this week out to
its new home at the City of Bakersfield Animal Core Center where, after some
modifications, it will become the new base of operations for our Animal Control Field
staff. Below is a photo of the recently relocated mobile home unit.
;,, On October 4th the American Planning Association (APA) announced that
Bakersfield's very own Mill Creek Linear Park has been selected as one of five "Great
Public Spaces" on the APA 's annual Great Places in America list.
Each year, the APA reviews projects across the nation and selects award recipients
in one of 3 categories: Great Neighborhoods, Great Streets, and Great Public
Spaces. Selected projects demonstrate exceptional character, quality, and
planning; and enrich communities, facilitate economic growth, and inspire others
around the country.
Cynthia Bowen, AICP, president of APA stated: "Public spaces serve a number of
functions within a community, from gathering places to recreational venues, and to
satisfy these varied community needs requires thoughtful collaboration and
166
General Information
October 6. 2017
Page3
planning. These places demonstrate how to effectively create a sense of place that
enhances the lives of all residents and visitors. Congratulations to this year's
designees."
The Mill Creek Linear Park connects the downtown area via a multi-modal, water-
front path, inviting locals and visitors to head outdoors and enjoy a truly unique
experience. The Mill Creek linear Park projects have been a driving force behind
the revitalization of downtown Bakersfield. The Community Development
Department has incorporated the Mill Creek Linear Park as a part of the on-going
downtown vision and station area planning process. and hopes that the traU witl lay
the foundation for a future "urban trail '' that encompasses all of downtown.
For more information about the APA's Great Public Spaces and Streets for 2017 and
previous years, visit www.planninq.org/greatploces.
The Community Development Department and the Recreation & Parks Department
will acknowledge receipt of this national designation durfng the upcoming Third
Thursday Event, on October 19. 2017. The event will kick off at 5:30pm at Central
Park in Downtown Bakersfield.
, Attached you will find the monthly Thomas Roads Improvement Program (TRIP)
Status Report for the month of August. The report gives a summary of each TRIP
project in construction, in design, and under review. Completion percentages and
pictures of projects are also included.
Traffic Advisory
Intermittent daytime lone closures on Truxtun Avenue
Earthwork for the Kern River Bridge Improvements will require intermittent lane closures
for a short section of the outside westbound lane on Truxtun Avenue during the next
couple of months. The closure is needed to allow trucks to exit the work site on the north
side of Truxtun Avenue. When needed. the closure will be set up just west of the on-
ramp to the Westside Parkway between the hours of 6 a.m. and 3 p.m.
Nighttime lone closures on Westside Parkway Sunday to Thursday
The contractor also plans to continue the installation of temporary concrete barrier rail
along the Westside Parkway next week, October 8-12. This work will require nighttime
closures of the 1nside lanes in both the eastbound and westbound directions, between
Coffee Road and Truxtun Avenue. Motorists should anticipate lane closures will be in
effect between the hours of 9 p.m. and 5 o.m .. Sunday through Thursday nights. At least
one lane will remain open in each direction at all times and all lanes should be open
prior to the morning commute.
The Kern River Bridge Improvements project ·is the first phase of the Centennial Corridor
project; it constructs bridges and makes the necessary improvements for the future
167
General Information
October 6, 2017
Poge4
freewais connection to the Westside Parkway. The Thomas Roads Improvement

Program apologizes for any inconvenience this work may cause the traveling public.
For additional information on fhe Kern River Bridge Improvements Project, please visit
our website at www.BakersfieldFreeways.us.
Reports
, Streets Division work schedule for the week of October 9tn
► Police Department Report for August 2017
Event Notifications
► Event calendar for the Robobank Arena Theater and Convention Center
168
MEMORANDUM
TO: Alan Tandy, City Manager
FROM: Nelson K. Smith, Rnance Director A1,;

DATE: October -4, 2017
SUBJECT: SalesTax Quarterly Summary Report by Industry
Attached is a copy of the Sales Tax Quarterly Summary Report by Industry,

summarizing and comparing the top ten industry categories second quarter results
of 2016 to the second quarter resultsof 2017.
This summary information is supplemental in nature to the quarterly sales tax

information provided to the Council a few weeks ago. The overall resultsof the
quarter remain the same (quarterly-change of positive 5.05%)but this supplemental
information provides a general indication of what industry types are doing better
or worse than citywide average resultsfor the given period.
The general categories of Used Car Dealers, Service Stations and Public
Utility/Transport Services performed above average compared to the same
quarter last year. The categories of Grocery Stores and Department Stores
performed below average compared to the same quarter last year.
Attachment
cc: Chris Huot

Steve Teglia
mxdataby induslry-top ten411qtr2016.doc

Fil~name: nks:/s:JntlsOll/salcstu/mcmo-sales
169
CHy of lakerlfteld ~ ltevlew of sa1.. Tax Data by lndumy ~ Top Ten Categories
First Quarter Comegrison Second Quarter Comearison

1stQtr 2016 1st Qtr2017 ~ 2nd Qtr2016 2nd Qtr 2011 ~
New Car Dealers $2,205,673 $2,352,723 6.67% $ 2,320.030 $ 2,544.182 9.66%
2 Deportment Stores $1,934,200 $1,934.575 0.02% $ 1,969,048 $ 2,039,903 3.60%
3 Service Stations $ 902,432 $ 959,826 6.36% $ 1,032,851 $ 1.151.455 11.48%
.,4 Eating/ Drinking Places w/o alcohol $ 924,582 $ 982,018 6.21% $ 925,242 $ 1.013,905 9.58%
5 Eating / Drinking Places with alcohol $ 875,039 $ 898,255 2.65% $ 854,853 $ 923,403 8.02%
6 Building Materials $ 593,090 $ 236,728 - 60.09% $ 699,598 $ 731,361 4.54%
7 Public Utility, Transport & Allied Services $ 408.865 $ 228.712 -44.06% $ 385,528 $ 550,770 42.86%
8 Family Apparel $ 456,065 $ 472148 3.53% $ 477,641 $ 513,503 7.51%
9 Used Car Dealers $ 464,753 $ 865,202 86.16% $ 399,269 $ 498,877 24.95%
JO Grocery Stores with alcohol $ 376,027 $ 369,164 -1.83% $ 479..461 $ 480,192 0.15%
170
October 2017
TRIP Status Report

TRIPprojects ore moving rapidly through the various stages of project development.
This report is to provide a periodic up-to-date snapshot of each project's recent major activities and progress. If
you have questions, or need additional information, please contact Janet Wheeler at the TRIPoffice, (661) 326-
3491. Regular project updates are also available on the TRIPwebsite at BakersfieldFreeways.us
MILESTONES
The City has advertised for construction bids for the Truxtun Avenue Operational Improvements Project. Bids
are due from pre-qualified contractors on October 12, 2017 by 11 a.m. The deadline to submit Responsibility
th
Statements and Questionnaires (RSQs)was September 14 . This project widens Truxtun Avenue from 4-lanes to
6-lanes from Empire Drive to approximately 100 feet east of Elm Street. Most of the widening along Truxtun
Avenue will occur on the south side of the roadway. Construction is expected to begin in early 2018.
PROJECT
STATUS
Beltway Operational Improvements

Contractor: Security Paving Company
72% complete; anticipated completion: spring 2018
This project includes various improvements along State Route 58, from State Route 99 to Cottonwood Road,
and on State Route 99, from north of Ming Avenue to Wilson Road.
Work continued last month on the Storm Water Pumping Plant located along northbound State Route 99 near
Ming Avenue. Workers will continue on the mechanical and electrical components for this facility in October.
Traffic was shifted onto the new pavement on the southbound State Route 99 on-ramp from Ming Avenue last
month. The left -turn access onto this on-ramp from westbound Ming Avenue is temporarily closed, but
motorists can make U-turns and access the southbound ramp from the eastbound direction. Construction will
continue in this area in October as the contractor works on the drainage system, an adjacent drainage basin, and
the roadway.
The new State Route 99 to eastbound State Route 58 Connector Bridge is now self-supporting and the
contractor began removing the falsework (temporary supports) from the structure in September. Work is also
moving forward on other bridges being widened with this project. Falsework was removed from the widened P
Street Bridge in September, and construction is underway on the adjacent sound walls and barrier. Sound walls
and concrete barrier construction is also underway at the Madison Street Bridge and this section is expected to
be completed in October.
Retaining wall and sound wall construction continues in many areas along State Route 58 within the project
area. The contractor is in the process of removing temporary shoring at Union Avenue and drainage and
roadway work is underway at this location; completion is expected within the next month. Work will also
continue on the sound walls and concrete barriers at the eastbound Chester Avenue, H Street and Union Avenue
on- and off-ramps in October.
Motorists should anticipate intermittent nighttime lane closures occurring Sunday through Thursday nights
between the hours of 9 p.m. and 5 a.m. on both State Routes 58 and 99 within the project limits.
171
Page 1
TRIPStatus Report
October2017
Kern River Bridge Improvements

12% complete; anticipated completion : summer 2019
Construction work is underway throughout the project area from north of the Westside Parkway to the south
side of Truxtun Avenue. This project constructs and widens bridges across Truxtun Avenue and the Kern River to
allow for the connection of the future Centennial Corridor to the Westside Parkway.
Earthwork activities are underway on both sides of Truxtun Avenue and intermittent lane closures will be
needed for a small section of the outside westbound lane during the next few months to allow trucks to exit the
work site. These lane closures will be set up west of the Westside Parkway on-ramp and may be in effect
between the hours of 6 a.m. and 3 p.m.
The contractor is working on two drainage basins and a bridge abutment on the south side of Truxtun Avenue .
Trucks will also be entering and leaving this part of the project site, but no additional closures are anticipated for
the eastbound direction of Truxtun Avenue at this time.
Work on the water diversion in the Kern River is underway . The contractor plans to install shoring and start
pile driving operations for bridge columns in October. Work within the river will begin on north side.
Truxtun Operational Improvements

Contractor : Pending
0% complete ; anticipated construction start: early 2018
This project widens Truxtun Avenue from 4-lanes to 6-lanes from Empire Drive to approximately 100 feet east of
Elm Street . Most of the widening along Truxtun Avenue will occur on the south side of the madway Bids are due
from pre-qualified contractors on October 12, 2017 at 11 a.m. The construction contract is expected to be sent
to City Council for consideration of approval in November .
24th Street Improvement Project

Designer: TYlinInternational
Design 95% complete; Right-of-Way 100% complete for full acquisitions
The City and Caltrans are currently reviewing the 95% roadway plans, streetscape design is underway, and
right-of -way activities for partial acquisitions continue .
A Public Hearing to consider the elimination of the 24th Street crosswalks at A/Alder and 0/Drake Streets will
be held before City Council on October 11th .
A construction contract with JTS Construction will also be on the October 11t h City Council agenda for the
th
sound wall on the north side of 24 Street within the resident ial section . Construction of these sound walls is
expected to begin after the New Year.
Centennial Corridor
Designer: Parsons
Design: 95% complete
Staff is pursuing potent ial State-sponsored funding opportunities for the project phase that would replace the
Belle Terrace Bridge over State Route 99.
Final design plans for various parts of the project are at or nearing completion; these include :
• 100% Westpark Sounds Walls and 100% Local Street Improvements packages
• 100% Local Roads and Bike Path plans - submitted on September 29th
• 100% PS&Epackage for the La Mirada and Marella Way structures - submitted on September 29th
• 100% Roadway plans are on target for submittal in October
• 100% plans for structures in Zones 1 and 2 are expected to be submitted in November (Zone 1
includes the roadways and structures from the Kern River Bridge Improvements through the
California Avenue Bridge; Zone 2 includes the Marella Way and La Mirada bridges to facilitate
neighborhood circulation across the future freeway)
Page2
172
TRIP Status Report
October 2017
• 95% plans for structures associated with the State Routes 58 and 99 Interchange through the
Stockdale Highway Bridge (Zone 3) have been submitted . The design team is working toward a 100%
submittal by the end of the year.
• Various environmental revalidations have been drafted due to design development and have been
approved or are under review .
The City has obtained legal possession of all full parcels necessary for construction of the project, and the
acquisition of the necessary partial parcels is underway. To date, 221 structures have been demolished .
A construction contract with Specialty Construction Inc. will be on the October 111h City Council agenda for
the City-owned sanitary sewer relocations in the Westpark neighborhood . This work is expected to be underway
in November.
The City plans to advertise for Responsibility Statements and Questionnaires for local street improvements
and sound wall packages th is month . Construction will follow behind the City' s sanitarv sewer relocations.
Hageman Flyover
Designer : Caltrans
Design98% complete
Caltrans Design and Structures teams are working on the final Plans, Specifications, and Estimate (PS&E)
package. Caltrans anticipates submitting the final package to the City by the end of 2017 .
173
Page3
TRIPStatusReport
October 2017
PROJECTPHOTOS
Top left: Sun sets over the Kern River

Bridge Improvement (KRBI) project
area. The bike path is expected to
remain open during construction
Top right: Construction workers place
concrete for a new retaining wall on
the north side of the Westside
Parkway, east of Mohawk Street.
Middle left: Earthwork for the Kern
River Bridge Improvement Project is
underway on both the north and
south sides ofTruxtun Avenue.
Middle right: The contractor has
begun work on the water diversion
plan on the north side of the river .
Pile driving for the bridge columns is
expected to begin in October.
Bottom left: Aerial view of the KRBI
project area; the alignment for the
Centennial Corridor mainline can be
seen in the background .
Page4
174
TRIPStatus Report
October 2017
Top left: Crews construct a new retaining wall

along the south side of State Route 58.
Top right: Work on the Ming Pump Plant continues.
Middle left: Night crews remove falsework from
the widened P Street Bridge.
Bottom left: In September, American Society of
Civil Engineers local chapter Past President Dan
Cronquist presented the 2017 Transportation
Project of the Year award to TRIP Manager Kristina
Budak for the State Route 178 Widening Project .
Bottom right: The new owners of the "Speakeasy"
th
house set the former 24 Street house on its
permanent Bay Street foundation last month .
-
!I
Kern Co uncil
of Gov er nments
175
Page5
Page 1 of 2
STREETS
DIVISION- WORKSCHEDULE
Week of October 9, 2017 - October 13, 2017
Resurfacinq/Rec;onstructtng
streetsin the following areas:
Sealing streets in the area north of Brundage and west of Mt. Vernon
Maintenance Grind & Pave on Grove St east of Union
Paving in the HUD area's of Oleander and Castro
Maintenance Grind & Pave on Watt's Dr_between Union and Madison
Miscellaneous StreetsDivisionprolects:
Video inspection of City owned sewer and storm lines to evaluate condition of pipes
Repairing damaged sewer line found during video inspection
Miscellaneous concrete repairs throughout the City
Concrete repairs to various bus stops throughout City limits
Sewer and Storm line installation on the north side of Ming Ave east of Baldwin in preparation for street
widening project
Miscellaneous concrete work at Sports Village
THISSPACE INTENTIONALLYLEFTBLANK
W. d OclatM,r9_2017 _WO!',.SclledUIL'!
176
Page 2 of 2
STREETS
SWEEPINGSCHEDULE
Monday. October 9, 2017

Between So. "H" St. & Union Avenue - Pacheco Rd. & Hosking Rd.
Between Stockdale Hwy. & Truxtun Ave. /ext.) - Coffee Rd & Partridge Ave.
Tuesday, October 10, 2017

Between 99 Hwy. & So. "H" St.- Ming Ave. & Panama Ln.
Cul-De-Sacs on the north side of Mogdelena Ave., west of So. "H" St.
Wednesday. October 11, 2017

City areas between Brundage ln. & Ming Ave. - So. "H" SL & Union Ave .
City areas between Wilson Rd. & Pacheco Rd. -So. "H" St. & Union Ave.
Between Casa Loma Dr. & Planz Rd. -Madison Ave. & Cottonwood Dr.
Between Planz Rd. & Brook St. - Madison Ave. & Hale St.
Thursdav, October 12, 2017

Between Carr St. & California Ave. - Mohawk St. & Stockdale Hwy.
Between Stockdale Hwy. & Marello Wy, -California Ave. & Montclair St.
Between La Mirada Dr. & Chester Ln. - Montclair St. & No. Stine Rd.
Between California Ave. (ext.) & Stockdale Hwy. - No. Stine Rd. & 99 Hwy.
Between Stockdale Hwy. & Ming Ave. - New Stine Rd. & Ashe Rd.
Between New Stine & Ashe Rd. -Taft Hwy. & Berkshire Rd.
Friday. October 13. 2017

Between Ming Ave . & White Ln. - Buena Vista Rd & Old River Rd.
Between Stine Rd. & 99 Hwy. - Belle Terrace & Adidas.
Between Panama Ln. & Birkshire Rd. -Ashe Rd. & Stine Rd.
NOTE: If raining , there will be no street sweeping service and all street cleaning personnel will be assigned
to cleaning plugged drains and part circle culverts . This also applies when a large number of street
sweepers are in Fleet for repairs. Areas that have been missed during this time will be swept at the end of
the month only when possible.
W-. cl October9_2017 _Wort<.

Schedule
177
BAKERSFIELDPOLICE
MEMORANDUM
Date : September 25, 2017
To : Alan Tandy , City Manager
From: Lyle Martin , Chief of Police
Subject: Special Enforcement Unit/Gang Violence Report
I have enclosed the Special Enforcement Unit's monthly gang statistics report for
August of 2017 . Please call if you have any questions .
LDM/vrf
178
BAKERSFIELD
POLICEDEPARTMENT
SPECIALENFORCEMENTUNIT
MONTHLYREPORT - AUGUST2017
Special Enforcement Unit Monthly Stats for August 2017
29 Felony Arrests 82 Fl's 18 Search Warrants
11 Misdemeanor Arrests 2 Citations 40 Court Prep - Hours

Felony Warrant Probation and Hours Assisting
9 254 103
Arrests Parole Searches Patrol
Misdemeanor Hrs. Assisting Other Hours Assisting
28 8 307
Warrant Arrests Department Sections lnvestiqations
Supplemental
8 AB 109 Arrests - 186.22 91 5 201 7 Shootings
Reports
General Offense
0 AB 109 Arrests - Other 36 9 2016 Shootings
Reports
176 Hours In Training 4 Vehicle Reports 5 2015 Shootings
9 Guns Seized 55 Patrol Call Response 2 2014 Shootings
Year to Date Special Enforcement Unit Statistics

January - August 2017
213 Misdemeanor Arrests 92 Citations 431.5 Court Prep - Hours

Felony Warrant Probation and Hours Assisting
80 2189 959
Misdemeanor Hrs. Assisting Other Hours Assisting
284 169.5 1682
Warrant Arrests Department Sections Investigations
AB 109 Arrests - Supplemental
82 799 34 2017 Shootings
186.22 Reports
General Offense
2 AB 109 Arrests - Other 442 61 2016 Shootings
Reports
179
BAKERSFIELD
POLICEDEPARTMENT
August 2016-2017 COMPARISON
90
80
70
60
50
38 39
,
40
30
20
10
.4
r ~
28
9
- 12 ,.,-
18
0
Felony Arrests
4
Misdemeanor Guns Seized
- Search Warrants
•
Arrests
■ 2016 iil2017
500
450
400
350
300
250
200
150
100
50
0
AssistingOtherDepartments Probation/ ParoleSearches FieldInterviewsI Street
(IncludingInvestigations) Checks
■ 2016 iii 2017
180
BAKERSFIELD
POLICEDEPARTMENT
MONTHLYREPORT -AUGUST 2017
2015-2017 YEARTO DATECOMPARISON
3300
3000 2811
2700
2400
2100
2636
.....
2464 ,
..
2351
2189
1800
1500
1200
900
}
1448
' ..
;
600
300
0
Assisting Other Departments Probation/ ParoleSearches
487
...
477
.__
Field Interviews/ Street

(Including Investigations) Checks
2015 ■ 2016 2017
1100
1000
900
800
700
600
500
400
300
200
100
0
Arrests Guns Seized Search Warrants
2015 2016 2017
181
BAKERSFIELD
POLICEDEPARTMENT
MONTHLY REPORT- AUGUST2017
YEARTO DATEGANG VIOLENCEINDEX 2015-2017
2015 2016 2017

■ SHOOTINGS HOMICIDES*
*Please note that the homicide stats include all gang related homicides , including but not limited to
shootings and stabbings .
182
BAKERSFIELD
POLICE DEPARTMENT
GANG RELATEDSHOOTINGS- 2015-2017 (YEARTO DATEONLY)
14 ---------------------------------------
13
12
10 10
10 -1---------------,-,_......__,.,..,
8 8
6 .J__
0 ____,_
_
JAN. FEB. MAR. APR. MAY JUN. JUL. AUG.
132015 ■ 2016 ■ 2017
183
BAKERSFIELD
POLICEDEPARTMENT
GANG RELATED
SHOOTINGSCOMPAREDTO THEAVERAGEOF THEPREVIOUS5 YEARS- PERWEEK
2016
7
6
.x -i.x ------- - ~~...- --------
"'
-,;1_____
11 _
~
___ ________ _
...
Ill
~ ~ ...
0
5 ...
Ill__
Ill _,
Ill
...
Ill
4 -- 'e
3 L __________ _j
2
1
0
1 2 3 4 5 6 7 8 9 10 1112 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 4142 43 44 45 46 47 48 49 so 51 52 53
-2016 Weekly Numbers Previous 5 Years (2011-2015) Average
2017
.x
Ill
~
1
0
1 2 3 4 5 6 7 8 9 10 1112 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 so 51 52
-+-2017 Week ly Numbers Previous 5 Years (2012-2016) Average
184
BAKERSFIELD
POLICE DEPARTMENT
2014 - 2016 Shooting Comparison to date - 12 Week Time Frame

5
4
in
0,
C
:g
_g 3
-.!...
V,
0
E
::::,
2
z
0
24 25 26 27 28 29 30 31 32 33 34 35
Weekof the Year
~ 2014 Weekly Numbers t- 2015 Weekly Numbers ...,_2016 Weekly Numbers -+-2017 Weekly Numbers
---------------------------
185
a~s
UPCOMINGEVENTS
TICKETED BY
BOXOFFICEHOURS
Mon-Fri10 AM - 5 PM
(Excluding EventDays)
CHARGE-BY-PHONE Rabobank
ARENA htt1•1iit tUrnl1
Rabobank
TH£ATER
""''""'"'
rnm, 3
1-888-929-7849
October 12 - Condors vs San Antonio 6:30 PM October 7 - Bakersfield Symphony 7:30 PM
GROUPSALES INFORMATION $37. $27, $22, $18, $14. $12 On Sale Now $45, $35, $30,$20 On Sale Now
661-852-7309 October 14 - Condors vs Tucson 7:00 PM October 8 - Dirty Dancing 7:30 PM

$37, $27, $22, $18, $14, $12 On Sale Now $65,$55 , $35 On Sale Now
SEASON
TICKET
INFORMATION October 27 & 28 - Condors vs Stock ton 7:00 PM Octobe r 12 - Theresa Caputo 7:30 PM
$37, $27, $22, $18, $14, $12 On Sale Now $89 .75 . $59.75, $49.75, $39.75 On Sale Now
Octobe r 29 - Banda MS 7:00 PM November 4 - Bakersfield Symphony 7:30 PM

s101. sa1. $72,$57 , $41 On Sale Now $45,$35 , $30, $20 On Sale Now
BakersfieldCondors
November 1 - Condors vs Manitoba 6:30 PM November 30 - Mannheim Steamroller 7:30 PM
661-324-PUCK(7825) $37, $27, $22, $18, $14, $12 On Sale Now $67.50, $52.50, $35 On Sale Now
www.bokersfieldcondors.com
November 3 - Skillet , Britt Nicole , etc . 7:00 PM January 13 - Sesame Street Live 2&6PM
HA~~~SF<ELO $49 .75, $36.75, $26.75, $19. 75 On Sale Now $60, $35, $25,$20 , $15 On Sale 10/10
SYMPHONY
OR C H~ST~A
STIU.\NCRCN,Mu'lk
OltlK._ November 9 • Disney On Ice 7:00 PM
$60, $36. $12 On Sale Now
November 10 - Disney On Ic e 7:00 PM

$60, $36, $25. $23, $18, $15, $12 On Sale Now
www.BSOnow.org
November 11 - Disney On Ice 3PM/7PM
On Sale Now
Spectrum►
$60,$36 , $25, $23, $18, $15, $12 AMPHITHEATRE
BROAD\Y,h.X November 12 - Disney On Ice 1PM/5PM Octobe r 12-America 7:00 PM
$60, $36, $25, $23, $18, $15, $12 On Sale Now $59 .50 . $49 .50, $29 .50 , $19.50 On Sale Now
Broodwa In Bakersfield
661-852-7308 November 18 - PBRVelocity Tour 7:00 PM October 14 - Festlval Latino 12:00 PM
$150, $65, $45. $25, $15 On Sale Now Free
February 19 • Harlem Globetrotters 2:00 PM October 28- Ozomattl w/Velorlo 6:00 PM

$35, $15 On Sale Now
$90, $50, $40, $33, $25, $18 On Sale 10/11
www.rabobankarena.com- www.spectrumamphitheatre.com
186
10/20/2017
FiscalOutlook
OCTOBER 11, 2017
Background
City Council has requested staff provide a long term fiscal outlook
5 year forecast of General Fund revenue and expenses
Challenges
Opportunities
Next steps
187
1
10/20/2017
FactorsAffectingOutlook
Growth of major General Fund revenue sources lagging expenditures
Unl11<elv
oil sector will rebound to 2014 levels ,n foreseei!ble future
Onlineretail sales ,mpi!cling sales tax
Nestle recently announced the layoff of 6()(h employees from Bakersf,elr;l plant
State Farm vacat,ng regional offices
Significant known cost increases on horizon

CalPfRS
Hei!llhcare
Ulililies (electr ic1ty,water)
City continues to grow - service levels need to coincide

Cannot continue to forgo add1:ional staff ,n key areas
Council Goals and priorities focus on maintaining and enhancing basic public services
Police, Fore,Streets, Code Enforcement, Park Facilities
Emphasis placed on enhancing quality of life programs/services
Parks, Recreational Activities, Lighting, Beautification, Economic Development
Employees have not received any wage adjustment since 2014 or 2015, depending on employee
group
State actions have put additional strains on City resources (without sufficient replacement
funding sources)
• End of Redevelopment
• SB 89 (2011) • $1 million± shifted to state
Proposition 47 & AB 109
- - - - -- -~ ~ - -- ~ -- - - - - -
188
2
10/20/2017
% Chan e from FY2008 to FY2017
5 YearGeneral FundOutlook
($16.Smillion)
;250,000,000
{$8 million}
$200,000,000
$175,000,000
$150,C00,000
$H5.000,00C
$100,000,[l(J()
S75,IIOO,OOO
$5-0,000,1){\'\
fY ,018 f'I ~019 Fl 1020 r,102, roan
189
3
10/20/2017
CalPERSEmployerRates
~80.l)fll'),Qf,C: --------------- 67% Increase
568,615,000 $1l,OOO,OOO
i70,ooo,ro· $65,815,000
$60.000,l'('ll
S5t725,000
$,5U,OOJ,000 $47,875,000
$41,125,000
$40. OlltJ,(IIF
s~o.ooo,00(1
$-
fY 10 rY13
ExpenditureControls
City has historically taken a very conservative approach to budgeting resources and staffing
2013 Washington Examiner study:

" Analyzed 107 Cities> 200,000 population
• Bakersfield ranked #107 - leanest government for residents per employee ratio
• Gap has increased since study was published
City has taken difficult, comprehensive and wide-ranging steps to align General Fund expenses
with revenues:
• FY2014-15: City received $2 million unanticipated state reimbursement, otherwise cuts were imminent
• FY2015-16: $10.4 million (deferred COLA adjustments , new equipment)
" FY 2016-17: $4.5 million (including elimination of B full time positions)
0
FY 2017-18: No significant discretionary increases allowed
190
4
10/20/2017
ExpenditureControls
Taken one time actions in an effort to bide time for economy to recover
Eliminating/deferred capital projects - shi~ed fund5 to operating budget
- Reduced City's compensated absences reserve
• Deferred a retiree healthcare trust payment
Summary of Additional Controls

- Services, programs and full-time positions have been reduced or eliminated
Non essential staff travel ban, temporary employees, overtime, tuition reimbursement program, council
contingency
Implemented IACPrecommendations - reallocation of available resources to improve services
, Water conservation measures
Energy efficiency improvements
What Options Exist

Further expenditure reductions
Revenue enhancements
Combination of both
191
5
10/20/2017
Expenditure Reductions
All Position Hiring Freeze/Staffing Reduction
• Personnel costs = 81% ot General Fund expenditures
Public Safety= 62% of General Fund total expenditures
" The most impactful means to reduce ongoing General Fund spending is to reduce personnel
costs
° Further reduce levels of service, response times to non-urgent matters
• Retention and employee morale issues
Closure of fire station(s)

" Reducing firefighter positions does not result in budget savings without closure of a station
Other potential savings:
0
Reduction of recreation programs and facility hours
· Increase time between certain non-essential activities - lawn mowing,

streetscape maintenance, striping, preventative street maintenance, facility
maintenance and upkeep
" Recommended service level reductions will be brought to the Council based
on consultation with each department as it relates to the level of cuts
necessary
. - - - - - ~--- - - - - -- -
192
6
10/20/2017
FY 18 General Fund Revenues
~
:= -
General Fund Spending - Per Capita

I . ·r . - . . -.- :
- --
Sin Francisco• 4,8S9,7111.0<12 5,559
Lm Angeles S,580,000,000 1,381
OHiand 530,689 , 270 1,246
SainJ05e 1,271,288,298 1,215
l.onCB
.. ch 478 ,431,ln 996
~nOiqo 1,337,981,387 9S1
sacnamll!!!!nto 438,834,000 890
A"iille lm 303,800,000 847
193
7
10/20/2017
SalesTax
Bakersfield 2017 Sales Tax Rate = 7 .25%
Average Sales Tax Rate -Top 20 CA Cities= 8.5%
0
$1 to City ----• Kept local for City Services - Police, Fire Parks, Streets, etc.
Property Tax
Property Tax Rate= 1% of Property Value
County/
Fire Fund
City•9% Special Districts - 6%
-25%
194
8
10/20/2017
Property& SalesTax RevenueExamples

SalesTax PropertyTax
New Car :: $20,000 New House = $300,000
7.25% Sales Tax:: $1,450 1% PropertyTax"'$3,000

/ I \ / / I 1 ............
-~ ! I
' 1 ' County/
~
Special
State
$1,200
County
$50 [;] -
Schools
1,800
--
County Fire
-
$750
---- ~
~
- -
Districts
$180
- ~ -
RevenueEnhancements
Outside of the property tax (Proposition 13), cities have authority to impose a broad range of ta.xes
However
City cannot raise fees beyond the cost of prov idirig that service - ex: adding 25% to the !!Xistingpar/crentalfee
cannot use enterprise funds for General Fund expenditures - ex: using water funds to pay for police patrol
Proposition 218 requires voter approva I for all local tax increases
Add on sales tax is the most common type of revenue measure implemented by voters in cities 10 CA
· Undesignated uses = simple maJor1ty of voter approval
• Designated= requires 2/3 voter approval
Cities in CaUfornia with active add-on sales tax-measure= 176
-- ~ - -- ----- --- -- - ~--
195
9
10/20/2017
Top 20 Cities- SalesTax

C1ty TotalSales Tu Rate
tore 8eich 10.2s11
lD>An1el0> 9.5°"
San,aClirita 9,SOK
San)o,e 9.25"
~tland 9.2Sll
Fremoru 9,251'
Stockton 9.00%
RfYersiM & 7511
Sin Franci5-co 8.SOI'
SacriimtrUo 8.2.5%
Chul~Vista &25%
Sin Bem1rdino &00%
Fresno 7.98%
Modesto 7.88%
SanDiolo 7,75%
~n1M im 7.75"
S,11't1Ania 7.75"
tN;ne
RevenueEnhancements
Add-on sales tax would be applied to all taxable sales within the City limits
Revenue estimates depend on amount of the approved sales tax measure

• $16 million to $50 million annually
100% of add-on sales tax would come back to City:

• Local control - revenues would not be subject to state whims
• Support and enhance General Fund programs and services: Police, Fire, Streets, Parks, Beautification,
Economic Development , etc.
• Would assist in being able to provide levels of service residents have come to expect from City
, Would likely alleviate the need to further reduce staffing, programs and services
- - - - ' - - -- - - - - - - - - - - -
196
10
10/20/2017
What do Residents Think?

Many cities considering a sales tax measure will poll prospective
local voters
0
Helps provide the Council and staff with a clear understanding of the
opinions, perceptions and priorities of voters
Statistically valid
Generally takes 6 weeks to plan and conduct voter surveys through e-mail and
telephone questionnaires
., Sample size, type and length of questionnaire determine costs
" Does not lock City into placing measure on ballot - informational only
Tax Measure Timeline - Hypothetical

October 2017; Issue request for proposals for consultant
November 15, 2017: Award consulting firm agreement for viability assessment/polling services
December 2017 - February 2018: Voter Surveys/Focus Groups
March 2018: Review survey results and determine next steps
June 2018: Adopt and submit necessary resolution and ·,terns to the County Elections Office
November 6, 2018: Elect,on Day
- - - - -- ~ ---- - -- -- - - -
I
197
11
10/20/2017
Next Steps
• Staff issue a request for proposals for consultant to perform viability assessment/voter surveys
• Consultant agreement would be placed on future council agenda for consideration
• Does not commit City to placing measure on ballot
198
12
e BAKERSFIELDCITY COUNCIL
AGENDA
MEETING OF OCTOBER 11, 2017
Council Chambers, City Hall, 1501 TruxtunAvenue

Regular Meeting 5:15 PM
REGULAR MEETING-5:15 PM
1. ROLLCALL
2. INVOCATION by Dr. Danielle Wright, Freedom Worship Center.
3. PLEDGE OF ALLEGIANCE by Ethan Calvillo, Junior at Bakersfield High

School.
4. PRESENTATIONS
5. PUBLIC STATEMENTS
6. Y«>RKSHOPS
a. Fiscal outlook update.
7. APPOINTMENTS
'Ward 5 a. Regular and Alternate Appointments (Ward 5) to the Keep
Bakersfield Beautiful Committee due to the expiration of te,ms
of Regular Committee Member David Taylor and Alternate
Committee Member Patrick Frase (terms expired November
2016).
staff recommends Council determination.
8. CONSENT CALENDAR
Staff recommendsadoptionof ConsentCalendaritems.
Minutes:
a. Approval of minutes of the September 20, 2017, Regular City

Council Meetings.
Payments:
b. Receive and file department payments from September 8,

2017, to September 28, 2017, in the amount of
$27,195,101.41 , Self Insurance payments from September 8,
2017, to September 28, 2017. in the amount of $652,863.86 ,
totaling $27 ,847,965 .27.
199
Ordinances:
Ward 3 C. First reading of ordinance amending the Official Zoning Map in
Title 17 of the Bakersfield Municipal Code by changing the
zone district from PC D (Planned Commercial Development
Zone} to C-2/PCD (Regional CommerciaVPlanned
Commercial Development Zone} on 10.10 acres located
south of SillectAvenue and north of Riverside Drive.
d. Adoption of ordinance adding Sections 17 .04.129 and
17.04.154 and amending Section 17.08.050 of the
Bakersfield Municipal Code relating to commercial cannabis
activity. (FR 09120/17)
Resolutions:
e. Resolution authorizing the City to obtain credit from Union
Bank pursuant to commercial card agreement for corporate
borrmving.
f. Resolution confirming approval by the City Manager designee
of the Chief Code Enforcement Officer's Report regarding
assessments of certain properties in the City for 'Nhich
structures have been secured against enby or for the
abatement of certain weeds, debris, and waste matter, and
authorizing collection of the assessments by the Kem County
TaxCollector.
Ward 6 g. Resolution determining that lighting can most efficiently be
obtained through cooperative procurement bidding
procedures from MUSCO Lighting and authorizing the Finance
Director to dispense with bidding thereof, not to exceed
$350,000.
Ward 2 h. Resolution determining that a replacement Zamboni® model
546 ice resurfacing machine cannot be reasonably obtained
through the usual bidding procedures and authorizing the
Finance Director to dispense wjth bidding thereof, not to
exceed the budgeted amount of $118,000.
Ward(s) 1, 3, 5. 7 I. Resolutions to add territories to the Consolidated
Maintenance District and approving, confirming, and adopting
the Public Works Director's Report:
1. Area 3-103 (Tract 7304 - NE of Berkshire Road and Old

River Road)
2. Area 4-170 (5900 Comanche Drive)
3. Area 4-171 (301-313 Dr. Martin Luther King Jr.
Boulevard)
4. Area 5-86 (4500 Hughes Lane)
Agreements:
200
Ward 1, 6 J. Agreement with Manley's Boiler, Inc. ($60,000) , for plumb ing
and boiler maintenance for the Public Works Department,
Wastewater Division.
Ward 5 k. Final map and improvement agreement with Castle & Cooke
for Tract 7255 Phase 2, located at the southwest comer of
Ming Avenue and Allen Road.
Ward 5 L Final map and improvement agreement with Castle & Cooke
for Tract 7299 , Unit 1 located south of Ming Avenue and east
of Renfro Road.
Weird2 m. Improvement agreement with Giumarra Investments, LLC,
sucessor by conversion with G.C. Investments, LLC , for
Parcel 12112, Phase 4 located north of Stockdale Highway
and east of Coffee Road.
Ward 6 n. Amendment No. 4 to Agreement No. 90-279 with Sprint
Spectrum LP . to approve the assignment of the transmitter
to¼'er lease on Mccutchen Road from Nextel of Californ ia to
Sprint Spectrum LP. and to approve a sublease of portions of
the tovver area to T-Mobile .
Ward3 0. Amendment No. 6 to Agreement No. 11-100 with Parsons
Transportation Group ($87,865 ; revised not to exceed
$44 ,341,567) for design support services during the
construction of the Beltway Operational Improvements
Project.
Ward 3 p. Amendment No. 2 to Agreement No. 15-008 'Nith NV5, Inc.
($1,103,333.81; revised not to exceed $11,170,805.26), for
construction management services for the Beltway
Operational Improvements and the Rosedale Auxiliary Lane
Projects.
Ward 1, 6 q. On-call equipment maintenance services agreements for the
Public Works Department, Wastewater Division:
1. Amendment No. 2 to Agreement No. 15-241 with

Electrical Systems and Instrumentation, Inc. {$100,000 ;
revised not to exceed $300,000 and extend term one
year).
Wilsons Industrial Pump, Inc. ($100 ,000; revised not to
exceed $300,000 and extend term one year).
Ward(s) 2. 3, 4, 5, 6, 7 r. Amendment No. 3 to Agreement No. 17-084 with W.M.
Lyles ($18,971,81 O; revised not to exceed $21 ;811.4 72) for
design and construction costs associated with the 1,2,3 -
Trichloropropane (TCP) Mitigation Project.
Ward(s) 2, 3, 4 , 5, 6, 7 s. Professional engineering consultant agreement for the 1,2,3-
Trichloropropane (TCP) Mitigation Project:
201
1. Amendment No. 1 to Agreement No. 16-250 'Nith
Provost & Pritchard Consulting Group ($33 ,100 ; revised
not to exceed $733,900) for engineering services
associated 'Nith water system improvements for
the TCP Mitigation Project.
2. Appropriate $33,100 in fund balance to the Water
Resources Capital Improvement Program budget within
the Domestic Water Fund.
1/vard 1 L fv1ountVernon Green Waste Faci1ityoperations :
1. Amendment No. 1 to Agreement No. 17-025 'Nith K &

I Services ($275,000; revised not to exceed $575,000 ;
and to extend term through June 30, 2018) for the
trucking of woodchips from the fv1ount Vernon Green
Waste Facility.
2. Appropriate $151,000 in the County's share of the
Green Waste Facility costs and $124,000 in Refuse
Fund balance to the Public Works Department's
Operating Budget within the Refuse Fund.
Property Acquisition Agreements • TRIP:

Bids:
u. Accept bid from Lehr Auto Electric ($57,253.85) for Setina
Manufacturing police vehicle equipment.
v. Accept bid from Safety NetworkHolding, Inc. ($138,738.60) 1
for traffic control devices for the Public Works Department,
Streets Division.
Ward 6 w. Accept bid and approve contract with Stockbridge General
Contracting ($2,061 ,000) for the Bakersfield Sports Village
Phase Ill Soccer Stadium Improvements Project.
ward 6 X. Accept bid and approve contract 'Nith Eco Energy Solutions ,
Inc., dba High Volt Electric ($323,625}, for the Bakersfield
Sports Village Phase II Soccer Field Lighting Project.
'Nard 4 y. Accept bid and award contract to Granite Construction
Company, Inc. ($717 ,753), to construct the Westside Parkway
Operational Improvements.
Ward 2 z. 24th Street Soundwall Project:
1. Accept bid and award contract to James E. Thompson ,

Inc. , dba JTS Construction ($1 .377 ,500) to construct the
project.
2 . Enter into a construction management agreement with
NV5 , Inc. ($172.959.92), for construction management
services.
Ward 2
202
aa. Sanitary sewer relocation for the Centennial Corridor Project:
1 . Accept bid and award contract to Specialty Construction

Inc. ($1,922,525), to construct the project.
2. Approve consultant agreement with AECOM
($99,392) for construction management services.
Miscellaneous:
ab. Appropriate $604,000 in Federal grant revenues (Selective

Traffic Enforcement Program grant from the State Office of
Traffic Safety) to the General Fund Police Operating Budget.
ac. Appropriate $30,000 in Federal grant revenues to the General
Fund Police Operating Budget, to fund the Bicycle/Pedestrian
Safety and Education Program .
Ward 2. 6 ad. Appropriate $41,085 in grant funds from the California
Department of Water Resources' 2014 Water-Energy Grant
Program to the Recreation and Parks Capital Improvement
Budget Within the Capital Outlay Fund.
ae. Reclassification of Fleet Mechanic I to Fleet Mechanic II.

at. Receive and file Successor Agency payments from
September 8, 2017. to September 28, 2017, in the amount of
$315,380.00.
Wan:!
2 ag. Appropriate $17,548 in Successor Housing Agency Fund
balance to the Economic Development Operating Budget
within the Successor Housing Agency Fund for construction of
a water main and services at the 19th Street Senior Plaza.
9. CONSENT CALENDAR PUBLIC HEARINGS

Staff recommendsconductingConsentcalendarPublic Hearingand approvalof
items.
10. HEARINGS
Ward 2 a. Public hearing to consider a resolution ordering the removal of
the 24th Street crosswalks at Alder/A Streets and Drake/0
Streets .
Staff recommends approval of the resolution.
Ward 6 b. Appeal . by Christian Ramirez of the July 11, 2017 , decision of
the Board of Zoning Adjustment to deny a Conditional Use
Permit to allow a recycling center for the purchasing of
California Redemption Value containers f ram the public in a C~
1 (Neighborhood Commercial Zone) district located at 3300
PlanzRoad.
Staff recommends upholding the decision of the Board of Zoning
203
Adjustment and denying Conditional Use Pennit No. 17-0171.
Ward(s) 1, 6 c. Public hearing to consider Action Plan Amendments to the
following U.S. Department of Housing and Urban
Development Action Plans:
1. FY 2014-15 Amendment No. 7: Transfer funds from

Martin Luther King Community Center
Gym Rehabilitation ($25,000 in Community
Development Block Grant funds) to Bakersfield Senior
Center - Gate Improvements.
Community Housing Development Organization (CHOO)
Set Aside ($155 ,226 in Home Investment Partnerships
funds) to Self-Help Enterprises - Down Payment
Assistance.
3. FY 2016 - 17 Amendment No. 3: Transfer funds from
CHOO Set Aside ($144,774 in Home Investment
Partnerships funds) to Self-Help Enterprises - Down
Payment Assistance.
Staff recommends the City Council open the hearing, take no
action, and continue this item to the regularly scheduled meeting
of November 15, 2017.
11. REPORTS
12. DEFERRED BUSINESS

13. NEW BUSINESS
a. California Water Service Company franchise renewal:
1. Resolution accepting the apprication of Calif omia Water

Service Company requesting a water franchise.
2. Resolution of intention to grant a franchise to California
Water Service Company.
Staff recommends adoption of the resolutions.
15. ADJOURNMENT
204
ADMINISTRATIVEREPORT
I MEETING DATE: 10/1112017 Workshops 6. a.
FROM: AlanTandy,City Manager

DATE: 10/2/2017
WARD:
SUBJECT: Fiscal outlook update.
STAFF RECOMMENDATION:
BACKGROUND:
The City Manager's Office will provide the City Council with a multi-year fiscal outlook.
205
Exhibit K 206

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208
Exhibit L 209
CIT\ ,\lTORNEY
IRGINIAGENNARO
1600TRUXTUN AVENUF
DF.PliTY CITY ATroRNEY FOURTJJr:LOOR
Joshua II. Rudflick BAKERSFIELD. CA 93301
Afldrc\ Heglund
Richard lgcr TELEPIIONE: 66 1-326-3721
PACSIMILE:661-852-2020
ASSOCJAn: CITY An ·oR NE\ '
Viridiana [iallardo-King
November 8, 2017
Via E-Mail & Facsimile
(415) 460-5155
Mr. David Snyder

San Rafael, CA 94901
dsnyder@firstamendmentcoalition.org
Re: Public Records Request Response
Dear Mr. Snyder:
This letter is in response to your November 6., 2017 letter received by the
City of Bakersfield.
For the record, our office provided you with responsive documents; we
did not deny any requests. The "enclosures" you mention were not included in
our response because you already had the records in your possession and we
did not see the need in providing them again . Additionally, and most
importantly, the enclosures are confidential pursuant to Government Code
Section 54956.9.
If you have any questions, feel free to call me at (661) 326-3721.
Very truly yours .
J
.,,r#~ ~~ ~~
VIRIDIANA GALLARDO-KING
Associate Attorney
VG:lsc
S:\CLERK\Pub Recs\ 17- 18\f1r,;tAmer,dmenl.B rownAcl.2 .docx
210
Exhibit M 211
February 26, 2018
Christopher Gerry
Acting City Clerk (via us mail and facsimile to (661) 323-3780)
City of Bakersfield
1600 Truxtun Ave.
Bakersfield CA 93301
Alan Tandy (via us mail and email to AdmMgr@bakersfieldcity.us)

City Manager
City of Bakersfield
1600 Truxtun Ave.
City Council (via us mail and email to City_Council@bakersfieldcity.us)

City of Bakersfield
1600 Truxtun Ave.
NOTICE OF VIOLATIONS OF THE BROWN ACT (GOV. CODE § 54950 et seq.)

DEMAND TO CEASE AND DESIST BROWN ACT VIOLATIONS
Dear Acting City Clerk, City Manager, and City Council:
On October 17, 2017, First Amendment Coalition (“FAC”) sent a Cease and Desist
Demand (the “Demand”) to the City regarding the City failure to comply with the Ralph
M. Brown Act, Government Code section 54950 et seq. (“Brown Act”). The Mayor
responded on or about November 3, 2017, denying that the Council violated the Brown
Act. After the City failed to comply with the Demand, FAC and Californians Aware filed
a lawsuit against the City on December 21, 2017. After filing, John Szewczyk of Clifford
& Brown, the attorneys representing the City in that litigation, claimed that the Brown
Act Demand should have been submitted to the City Clerk. While FAC and Californians
Aware disagree, and the Demand was clearly received the City Council, the City
Attorney, and the Mayor, per Mr. Szewczyk’s claim, we resubmit this Demand directly to
the City Clerk.
212
This letter serves as a demand to cease and desist the practices described herein
constituting violations of the Brown Act.
The City Council met in closed session on July 9, September 6 and September 20,
2017 1 to consider and discuss wide-ranging issues relating to potential tax increases in
the City of Bakersfield (the “City”), as well as potential significant staffing cuts. City staff
presented detailed and thorough information regarding the City’s finances, its financial
outlook, the effect of various forms of tax increases on the city’s financial outlook, and
the effect of layoffs on the city’s financial outlook.
The agendas for the July 9, September 6 and September 20 City Council meetings
contain no reference to any of these topics. Instead, the City Council apparently
attempted to justify its wide-ranging discussion, in closed session, of the city’s finances
and tax issues by agendizing such discussion under the “anticipated litigation” exception
to the Brown Act’s open meetings requirement.
These closed-session meetings violated the Brown Act in a number of ways.
First, the City Council violated the Brown Act by failing to properly provide notice of the
items it discussed in closed sessions. The City’s agendas for the July 9, September 6,
and September 20 meetings are devoid of any reference to any discussion regarding
the City’s finances. The Brown Act requires every agenda to contain a description of
each item of business to be discussed. (Gov. Code section 54954.2(a).) This is also
required for any item to be discussed in closed session. (Gov. Code section 54957.7).
“No action or discussion shall be undertaken on any item not appearing on the posted
agenda,” and the body “may only consider those matters” that were included in its
statement of items to be discussed in closed session. (§§ 54957.7(a), 54954.2(a)(2).)
Second, any general discussion regarding the City’s finances, such as the discussion
held in closed session at the July 9, September 6 and September 20 City Council
meetings, must be done in open session. Except were expressly authorized by statute,
“no closed session may be held by any legislative body of any local agency.” (Gov.
Code section 54962.) “These exceptions have been construed narrowly; thus if a
specific statutory exception authorizing a closed session cannot be found, the matter
must be conducted in public regardless of its sensitivity.” (California Attorney General,
The Brown Act: Open Meetings for Local Legislative Bodies (2003) at pg. 1.) As
described by the Attorney General, “The Legislature’s addition of section 54962
effectively eliminated the possibility of finding an implied authorization for a closed
session.” (88 Ops.Cal.Atty.Gen. 16 (2005).)
1
While FAC is presently aware of these three closed sessions, it appears that similar closed
sessions may have taken place numerous times, dating back to the beginning of the 2017. Any
other similar closed sessions held by the City Council would be unlawful for the same reasons
set out herein.
534 mu TIil T EU. S IH 18U AF EL. A 9 IOI 4 15. 4 Ji • Fl STANE

213
There is no exception to the Brown Act’s open-meetings requirement which would allow
for the general financial discussion the City held in its closed sessions on July 9,
September 6 and September 20.
The City’s reference to “anticipated litigation” provides no cover for such discussion.
“The purpose of the [litigation] exception is to permit the body to receive legal advice
and make litigation decisions only; it is not to be sued as a subterfuge to reach
nonlitigation oriented policy decisions.” (71 Ops. Cal. Atty. Gen. 96, 104-105 (1988).)
As the Attorney General opined within the first decade of the Brown Act’s enactment,
advice as to the lawfulness or legal implications of a proposed action not yet taken is
not appropriate for a closed session, because the public is entitled to know what this
advice is in order to evaluate the performance of the body. (36 Ops.Cal.Atty.Gen. 175
(1960).) The mere possibility that a body’s action might be challenged in court provides
no basis to discuss the proposed action in closed session, since virtually any proposed
action could result in litigation – and, thus, under such a rationale virtually all proposed
actions would justify excluding the public. (71 Ops.Cal.Atty.Gen 96 (1988) [“to conclude
that an exception would exist because there is always the possibility of judicial
review…would be tantamount to saying that any legislative body of a local agency
would meet in private on any matter, since, if they do not proceed in the manner
required by law, or somehow abuse their discretion in doing so, they are subject to a
lawsuit to correct their action. Such a mere possibility is not what is contemplated in
[the potential litigation exception]”.)
If litigation has not been initiated, the agency may hold a closed session regarding
“anticipated litigation,” but only where a point has “been reached where, in the opinion
of the legislative body of the local agency on the advice of its legal counsel, based on
existing facts and circumstances, there is a significant exposure to litigation against
the local agency.” (§ 54956.9(d)(2).) Under Section 54956.9(e), for purposes of holding
such a closed session, “existing facts and circumstances” are expressly limited to
only one of the following situations:
(1) Facts and circumstances that might result in litigation against the local
potential plaintiff or plaintiffs, which facts and circumstances need not be
disclosed.
disaster, incident, or transactional occurrence that might result in litigation
against the agency and that are known to a potential plaintiff or plaintiffs,
which facts or circumstances shall be publicly stated on the agenda or
announced.
(3) The receipt of a claim pursuant to the Government Claims Act…or some
other written communication from a potential plaintiff threatening litigation,
534 mu TIIISTRIEU. S IH 18U AAF EL. A 9UDI 4 15. 4 Ji • Fl STAI E II EIIIC I ITIDII. R
214
which claim or communication shall be available for public inspection
pursuant to Section 54957.5.
(4) A statement made by a person in an open and public meeting threatening

litigation on a specific matter within the responsibility of the legislative
body.
(5) A statement threatening litigation made by a person outside an open and

public meeting on a specific matter within the responsibility of the
legislative body so long as the official or employee of the local agency
receiving knowledge of the threat makes a contemporaneous or other
available for public inspection pursuant to Section 54957.5.
Therefore, any time a closed session is scheduled because there is a “significant

exposure to litigation,” the facts and circumstances must be made known to the public,
unless the facts and circumstances creating the threat are not yet known to the potential
plaintiff. The Attorney General summarizes the disclosure requirements as follows:
• If there has been no kind of communication yet from the likely plaintiffs but
the agency is aware of something that is likely to prompt a litigation threat—
some accident, disaster, incident or transaction such as a contract dispute—
"the facts must be publicly stated on the agenda or announced" prior to the
closed session.
document is a public record and "reference to the claim or communication
session.
• When the closed session is triggered by a litigation threat made in an open

• When an oral threat of litigation is made outside a meeting, it may not be

it makes a memo explaining what was said. The memo is a public record and
"reference to the claim or communication must be publicly stated on the
agenda or announced" prior to the closed session.
(California Attorney General, The Brown Act: Open Meetings for Local Legislative Bodies
(2003) at pg. 23.)
The disclosure requirements serve an important purpose:
215
[T]he important balance which the Brown Act attempts to draw between the
requirement that public business be conducted in public and the practical
need public agencies have for confidentiality when attempting to make
rational decisions about the legal strength of argument asserted by an
actual or probably adversary…The Brown Act attempts to draw that
balance by, among other devices, requiring disclosure to the public of facts
and circumstances which show that a public discussion of a particular
matter is prejudicial to the agency’s interests.
(CAUSE v. City of San Diego (1997) 56 Cal.App.4th 1024, 1030.)
Even before the codification of the exemption expressly permitting certain closed
sessions related to litigation, the court in Sacramento Newspaper Guild v. Sacramento
County Bd. Of Supervisors (1968) 263 Cal.App.2d 41, held “[n]either the attorney’s
presence nor the happenstance of some kind of lawsuit may serve as the pretext for
secret consultations whose revelation will not injure the public interest.”
Here, even had there been an actual threat of litigation which could have met the defined
set of “facts and circumstances” necessary to hold a closed session under Section
54956.9, the City Council was not permitted to take action in closed session under the
guise of “anticipated litigation” on an issue which must be discussed in open session.
In Trancas Property Owners Assn. v. City of Malibu (2006) 138 Cal.App.4th 172, the Court
invalidated a settlement agreement adopted in closed session; the settlement agreement
included the City’s commitment to approve a development agreement. Because the city’s
decision to discuss the settlement agreement in closed session usurped the public’s right
to participate in the decision-making process regarding the development agreement, the
City’s action violated the Brown Act.
[W]hatever else it may permit, the exemption cannot be construed to

empower a city council to take or agree to take, as part of a non-
publicly-ratified litigation settlement, action that by substantive law
may not be taken without a public hearing and an opportunity for the
public to be heard. As a matter of legislative intention and policy, a statute
that is part of a law enacted to assure public decision-making, except in
narrow circumstances, may not be read to authorize circumvention and
indeed violation of other laws requiring that decisions be preceded by public
hearings, simply because the means and object of the violation are
settlement of a lawsuit.
(Id. at 186; internal citations omitted; emphasis added.)
Finally, a review of the City’s agendas shows that the City routinely notices closed
sessions pursuant to Government Code section 54956.9(d)(2), which allows a
legislative body of a local agency to enter closed session to confer with legal counsel
when there is a “significant exposure to litigation” based upon “existing facts and
216
circumstances. However, the City Council routinely fails to disclose such existing facts
and circumstances. To avoid its disclosure requirements, the City repeatedly relies on
Government Code section 54956(e)(1), which would allow the District to refrain from
disclosing “existing facts and circumstances” if the facts and circumstances are “not yet
known to a potential plaintiff or plaintiffs.” Because it would be highly unusual for a
potential plaintiff to not know the facts that would give rise to possible litigation, the
routine use of this section appears to be a pro forma way for the City Council to avoid its
disclosure requirements.
CEASE AND DESIST DEMAND
The Brown Act section 54960 provides that any interested person may “commence an
action by mandamus, injunction, or declaratory relief for the purpose of stopping or
preventing violations or threatened violations,” “to determine the applicability of this
chapter to ongoing actions or threatened future actions of the legislative body, or to
determine the applicability of this chapter to past actions of the legislative body.”
FAC demands that the City Council cease and desist from the practices set forth above,
which impair the public’s ability to participate in its government. Namely, the City Council
must acknowledge the Brown Act violations set forth above, and must agree
unconditionally to refrain from the following practices in the future:
1. Failing to identify the topics to be discussed in closed session;
2. Discussing matters, including but not limited to the general state of the
City’s finances, in closed session where no closed session exemption
provides a basis for the closed session discussion; and,
3. Failing to disclose the facts and circumstances that justify holding closed
sessions pursuant to Government Code section 54956.9(d)(2).
Thank you for your prompt attention to these important matters.
Sincerely,
David Snyder
Executive Director
First Amendment Coalition
cc: John Szewczyk (via US mail and email to JSzewczyk@clifford-brownlaw.com)
53,4F OU TIUT HT ,S IH .S AF El, A 94110 1 415. 4 Ji , Fl $TAME ENTCIOILITIO . 0 R

217
Exhibit N 218
CITY ATIORNEY
VIRGINIA GENNARO
1600TRUXTUN AVENUE
DEPUTY CITY ATIORNEY FOURTH FLOOR
Joshua H. Rudnick BAKERSFIELD , CA 93301
Andrew Heglund
Richard lger TELEPHONE: 661-326-3721
FACSIMILE : 661-852-2020
ASSOCIATE CITY ATTORNEY
March 12, 2018
David Snyder
San Rafael, California 94901
Fax: (4 15) 460-5060
RE: First Amendment Coalition and California A ware, v. City of

Bakersfield
Kern County Superior Court Case No. BCV-17-102929
Dear Mr. Snyder:
This letter will acknowledge receipt of your correspondence dated

February 26, 2018. Our response, as set forth by Mayor Goh in her letter dated
November 03, 2017, to the First Amendment Coalition letter dated October 17,
2017, remains the position of the City of Bakersfield.
VG :alc
Cc: Mayor & City Council

Alan Tandy - City Manager
John Szewczyk
S:\Litigation\FirstAmdCoalition-CalAware\Corr\Snyder Letter.docx
219
Exhibit O 220
1 JOHN R. SZEWCZYK,SBN 109981 [Filing Fee Exempt
JEFFREY P. 1RA VIS, SBN 290374 Gov. Code§§ 6103, 26857]
2 CLIFFORD& BROWN
A ProfessionalCorporation
3 Attorneys at Law
Bank of America Building
4 1430 Truxtun Avenue, Suite 900
Bakersfield,CA 93301-5230
5 Tel: (661) 322-6023 Fax: (661) 322-3508
6 Attorneys for Respondent

CITY OF BAKERSFIELD
7
8
SUPERIORCOURT OF CALIFORNIA- COUNTY OF KERN
9
UNLIMITEDCIVIL- METROPOLITANDIVISION
10
11
***
FIRST AMENDMENT COALITION and CASE NO. BCV-17-102929
12 CALIFORNIANS AWARE: THE CENTER Petition filed: 12/22/2017
FOR PUBLIC FORUM RIGHTS,
13 RESPONDENT'S ANSWER TO
Petitioners/Plaintiffs, PETITIONER'S VERIFIED FIRST
i4 AMENDED .PETITION FOR WRIT OF
vs. MANDATE, INJUNCTIVE AND
15 DECLARATORY RELIEF FOR
CITY OF BAKERSFIELD, VIOLATIONS OF THE RALPH M.
16 BROWN ACT, CALIFORNIA PUBLIC
Respondent/Defendant. RECORDS ACT, AND CALIFORNIA
17 CONSTITUTION, ART. I SEC .3(B)
18
19
20 answers the Verified First Amended Petition filed by Petitioners, FIRST AMENDMENT COALITION
21 and CALIFORNIANS AWARE: TIIB CENTER FOR PUBLIC FORUM RIGHTS, and alleges as
22 follows:
23 1. Respondent generally denies all the allegationsof the Petition except the followingitems
24 which are specificallyadmitted:
25 a. Jurisdictionis properly conferredupon this Court.
26 2. AS AND FOR A FIRST AFFIRMATIVE·DEFENSE to each and every alleged cause of
27 action, this answering Respondent alleges Petitioners' Petition and each alleged cause of action therein
28 fails to state facts sufficient to constitutea cause of action against this answering Respondentso as to bar
1
ANSWERTO VERIFIED FIRST AMENDED PETITION
221
·1 recovery herein.
2 3. AS AND FOR A SECOND AFFIRMATIVE DEFENSE to each and every alleged cause
3 of action, this answering Respondent alleges that Petitioners' claims are barred by any and all applicable
4 statutes of limitations.
5 4. AS AND FOR A THIRD AFFIRMATIVE DEFENSE to Petitioners' first cause of action,
6 · this answering R~spondent alleges that · Petitioners do not have a beneficial interest in the actions
7 complained of.
8 5. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE to Petitioners' first cause of
9 action, this answering Respondent alleges that the actions complained of were takeri in substantial
10 compliance with the provisions of the Ralph M. Brown Act set forth at Government Code Section 54950
11 et. seq.
12 6 .. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE to Petitioners' first cause of action,
13 this answering Respondent alleges that Petitioners have not exhausted administrative remedies.
14 7. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE to PetitionerS' first cause of action,
15 this answering Respondent alleges that Petitioners have an adequate remedy available other than writ of
16 mandate.
17 8. AS ·AND FOR A SEVENTH AFFIRMATIVE DEFENSE to Petitioners' first cause of
18 action, this answering Respondent alleges that Petitioners are guilty of laches.
19 9. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE to Petitioners ' first cause of
• 20 action, this answering Respondent alleges that Petitioners have unclean hands.
21 10. AS AND FOR A NINTH AFFIRMATIVE DEFENSE to Petitioners' first cause of action,
22 this answering.Respondent alleges that Petitioners have failed to name an indispensable party.
23 lL AS AND FOR A TENTH AFFIRMATIVE DEFENSE to Petitioners' first cause of
24 action, this answering Respondent alleges that the actions complained of in the Petition were caused, in
· 25 whole or in part, by the acts or omissions of third parties other than this answering Respondent.
26 12. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE to Petitioners' first cause of
27 action, this answering Respondent alleges that Petitioner was not prejudiced by the actions complained of.
28 13. . AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE to Petitioners' first cause of

2
ANSWER TO VERIFIED FIRST AMENDED PETITION
222
1 action, this answering Respondent alleges that the Petition is based upon hearsay statements which cannot
2 be considered by the Court in consideration of said Petition.
3 14. AS AND FOR A THIRTEENTII AFFIRMATIVE DEFENSE to Petitioners' first cause
4 of action, this answering Respondent alleges that the Petition is frivolous and totally lacking in merit.
5 Petitioner should therefore be responsible for all Respondent's necessary and reasonable defense costs
6. and attorneys' fees, as more particularly set forth in Government Code Section 54960.5.
7 15. AS AND FOR A FOURTEENTII AFFIRMATIVE DEFENSE to Petitioners' second
8 cause of action, this · answering Respondent alleges that it substantially complied with the relevant
9 provisions of the California Public Records Act set forth at Government Code Section 6250, et. seq.
10 16. AS AND FOR A FIFTEEN1H AFFIRMATIVE DEFENSE to Petitioners' third cause of
. 11 action, this answering Respondent alleges that ~ere is no actual controversy between Petitioners and
12 Respondent concerning their respective legal rights;
13 17. AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE to each and every alleged ·
14 cause of action, this answering Respondent alleges that it presently has insufficient knowledge _or
15 information on which to form .a belief as to whether it may have additional, as yet unstated affirmative
16 defenses available. Respondent reserves therein the right to assert additional defenses in the e\'.ent that the
17 discovery indicates that they would be appropriate.
18 PRAYER
20 on file herein, for costs of suit and for such other and further relief as the Court deems just and proper.
2I°
DATED: May 2, 201 8 CLIFFORD & BROWN
22
23
By _ __,.____________ _
24 JO R S EWCZYK , ESQ.
JE RE . TRAVIS, ESQ.
25 Attorne ys for Respondents, ·
CITY OF BAKERSFIELD
26
27
28
223
3
ANSWERTO VERIFIEDFIRST AMENDEDPETITION
1 PROOF OF SERVICE (C.C.P. §1013, 2015.5)
First Amendment Coalition and Californians Aware v. City of Bakersfield
2 (Kem County Superior Court Case No. BCV-17-102 929 SDS)
3 At the time of service I was over 18 years of age and not a party to this action. I am
resident or employed in the county where the mailing occurred. My business address is 143
4 Truxtun Avenue, Bakersfield, California 93301.
5 On May ~ , 2018, I served the following documents: RESPONDENT'S ANSWE
TO PETITIONER'S VERIFIED FIRST AMENDED PETITION FOR WRIT 0
6
MANDATE, INJUNCTIVE AND DECLARATORY RELIEF FOR VIOLATIONS 0
7 THE RALPH M. BROWN ACT, CALIFORNIA PUBLIC RECORDS ACT,
CALIFORNIA CONSTITUTION, ART. I SEC .3(B) on the persons below as follows:
8
PLEASE SEE PROOF OF SERVICE LIST BELOW
9
BY UNITED STATES MAIL. I enclosed the documents in a sealed envelope or packag
10 addressed to the persons at the addresses listed below: I placed the envelope for collectio
11
and mailing, following our ordinary business practices. I am "readily familiar" with thi
business's practice for collecting and processing correspondence for mailing. On the sam
12 day that correspondence is placed for collection and mailing, it is deposed in the ordin
course of business with the United States Postal Service, in a sealed envelope with postag
13 fully prepaid. .
14 By FAX TRANSMISSION
15 BY E-MAIL OR ELECTRONIC TRANSMISSION. Based on a court order or

agreement of the parties to accept service by e-mail or electronic transmission, I caused th
16 documents to be sent to the persons at the e-mail addresses listed below. I did not receive
within a reasonable time after the transmission, any electronic message or other indicatio
17 that the transmission was unsuccessful.
18 BY OVERNIGHT DELIVERY. I enclosed the documents in an envelope or packag
provided by the overnight delivery carrier and addressed to the persons at the addresse
19 listed on this Proof of Service. I placed the envelope or package for collection and overnigh
delivery at an office or a regularly utilized drop box of the overnight delivery carrier;
20
21 BY PERSONAL SERVICE. I caused such envelope to be hand delivered to the offices o
the addressee(s) .
22
Executed on May __J._,
2018, at Bakersfield, California
23
_x_ (State) I declare under penalty of perjury under the laws of the State of Californi
24 that the above is true and correct.
25 (Federal) I declare that I am employed in the office of a member of the Bar of thi
Court at whose direction the service was made.
26
27
28
224
1 PROOF OF SERVICE LIST
2
Kelly A. Aviles
3 Law Offices of Kelly Aviles
1502 Foothill Blvd., #103-140
4
La Verne, CA 91750
5 (909) 991-7560
fax: (909) 991-7594
6 kaviles@opengovlaw.com
7
8 David Snyder
9 San Rafael, CA 94901
(415) 460-5060
10
fax: (415) 460-5155
11 dsnyder@firstamendmentcoalition.org
12
13 Joseph T. Francke
2218 Homewood Way
14 Carmichael, CA 95608
(916) 487-7000
15 fax: (916) 487-7999
16 terry@calaware.org
17
18
7580-62
19
20
21
22
23
24
25
26
27
28
225
Exhibit P 226
1 JOHN R. SZEWC2YK, SBN 109981 [Filing Fee Exempt
T. MARK SMITH, SBN 162370 Gov. Code§§ 6103, 26857]
2 JEFFREY P. TRAVIS, SBN 290374
CLIFFORD & BROWN
3 A Professional Corporation
Attorneys at Law
4 Bank of America Building
1430 Truxtun Avenue, Suite 900
5 Bakersfield, CA 93301-5230
Tel: (661) 322-6023 Fax: (661) 322-3508
6
Attorneys for Respondent
7 CITY OF BAKERSFIELD
8
9 SUPERIOR COURT OF CALIFORNIA - COUNTY OF KERN
10 UNLIMITED CIVIL- METROPOLITAN DIVISION
11
***
12 FIRST AMENDMENT COALITION and CASE NO. BCV-17-102929
CALIFORNIANS AW ARE: THE CENTER Petition filed: 12/2212017
13 FOR PUBLIC FORUM RIGHTS,
CITY OF BAKERSFIELD'S RESPONSES
14 Petitioners /Plaintiffs, TO FIRST AMENDMENT COALITION'S
FORM INTERROGATORIES-GENERAL,
15 vs. SET ONE
17 Respondent /Defendant.
18
19 PROPOUNDING PARTY Plaintiff, FIRST AMENDMENT COALITION

20 RESPONDING PARTY Defendant , CITY OF BAKERSFIELD
21 SET NUMBER ONE
22
COMES NOW Defendant, CITY OF BAKERSFIELD, and responds to Plaintiff, FIRST
23
AMENDMENT COALITION'S Form Interrogatories-General, Set One , as follows:
24
These responses are made solely for the purpose of this action. Each response is subject to all
25
objections as to competence relevance, materiality, propriety and admissibility , and any and all other
26
objections and grounds which would require the exclusion of any statement herein if the Interrogatories
27
were asked of, or any statements contained herein were made by, a witness present and testifying in court ,
28
RESPONSES TO FIRST AMENDMENT COALITION'S FORM INTERROGATORIES, SET ONE

227
all of which objections and grounds are reserved and may be interposed at the time of trial.
2 Defendant has not completed his, her or its investigation of the facts relating to this case and has
3 not completed his, her or its preparation for trial. The following responses are based upon information
4 presently available to Defendant and are made without prejudice to Defendant's right to utilize
5 subsequently discovered facts.
6 Except for explicit facts admitted herein, no incidental or implied admissions are intended hereby .
7 The fact that Defendant has answered any Interrogatories should not be taken as an admission that
8 Defendant accepts or admits the existence of any facts set forth or assumed by such Interrogatory, or that
9 such response constitutes admissible evidence. The fact that Defendant has answered part or all of the
10 Interrogatory is not intended and shall not be construed to be a waiver by Defendant of all of any part of
11 any objection to any Interrogatory made by Defendant.
12 The factual background of this litigation is one of complexity. Defendant will during the course
13 of this litigation pursue extensive fonnal discovery, as well as extensive investigation and informal
14 discovery, on his, her or its own. Therefore, without suggesting or implying any interest to respond less
15 than fully to the Interrogatories propounded, Defendant must point out that Defendant's responses are of
16 necessity of a somewhat preliminary nature and that the full factual basis concerning this matter is yet to
17 be developed with complete precision. The following responses are based upon information presently
18 available to Defendant and are made without prejudice to Defendant's rights to utilize subsequently
19 discovered facts.
20 RESPONSES
21 FORM INTERROGATORY NO. 1.1
22 State the name, ADDRESS, telephone number, and relationship to you of each PERSON who
23 prepared or assisted in the preparation of the responses to these interrogatories. (Do not identify
24 anyone who simply typed or reproduced the respons es.)

25 RESPONSE TO NO. 1.1
26 Respondent, CITY OF BAKERSFIELD, and their attorneys of record, Clifford and Brown, 1430
27 Truxtun Avenue, Suite 900, Bakersfield , CA 93301-5230. Telephone: (661) 322-6023

28 ///
228
2
RESPONSES TO FIRST AMENDMENT COALITION'S FORM INTERROGATORIES , SET ONE
1 FORM INTERROGATORY NO. 15.1 ·
2 Identify each denial of a material allegation and each special or affinnative defense in your
3 pleadings and for each:
4 (a) state all facts upon which you base the denial or special or affirmative defense;
5 (b) state the names , ADDRESSES , and telephone numbers of all PERSONS who have
6 knowledge of those facts; and .
7 (c) Identify all DOCUMENTS and other tangible things which support your denial or
8 special or affirmative defense, and state the name, ADDRESS, and telephone number
9 of the PERSON who has each DOCUMENT .
10 RESPONSE TO NO. 15.1
11 Objection. This interrogatory, as framed within the context of this litigation, improperly attempts
12 to shift the burden of proof onto this Responding Party. Further , this interrogatory is objectionable in
13 that it attempts to solicit information that is equally available to the propounding party in the form of this
14 Responding party's Answer to the Petition. This Interrogatory is additionally objectionable on the
15 grounds that it is vague, ambiguous, compound , complex, overly broad and therefore unduly oppressive
16 and burdensome by nature .
17 Further, the affirmative defenses alleged in the Answer of the Respondent were pleaded in the
18 manner required by law. At all times referred to in the Petition on file herein, Respondent , its agents ,
19 employees and representatives , acted with the same care and caution required of reasonable persons
20 and/or entities under the same or similar circumstances. Inasmuch as discovery is continuing in this
21 case, this responding defendant reserves the right to supplement this answer when and if further
22 information becomes available in the future.
23
DATED: September 24, 2018 CLIFFORD & BROWN
---
24
25
By ~
10HNZEWCZYK,EsQ.
26
T. MARK SMITH , ESQ.
27 JEFFREY P . TRAVIS, ESQ .
Attorneys for Respondent ,
3
RESPON SES TO FIRST AMENDM ENT COALITIO N' S FORM INT ERROG ATORIES , SET ONE
229
VERIFICATION
ST A TE OF CALIFORNIA, COUNTY OF KEJ3.N
I have read the foregoing RESPONSE TO PETITIONER'S FORM
INTERROGATORIES , SET NO. 1 and know its contents.
_ _ I am a party to this action. The matter s stated in the foregoing document are true of my
own knowledge except as to those matters which are stated on information and belief , and as to
those matters I believe them to be true.
XX I am _ _ an Officer __ a partner ____ a Risk Manager for the City
of Bakersfield , a party to this action, and am authorized to make this verification for and on its
behalf, and I make this verification for that reason. I am informed and believe and on that
ground allege that the matters stated in the foregoing document are true . _ XX_ The matters
stated in the foregoing document are true of my own knowledge, except as to those matters
which are stated on information and belief , and as to those matters I believe them to be true.
_ _ I am one of the attorneys for _____ _ _ __ _ _ ________ , a party
to this action. Such party is absent from the county of aforesaid where such attorneys have their
offices , and I make this verification for and on behalf of that party for that reason. I am informed
and believe and on that ground allege that the matters stated in the foregoing document are true .
Executed on September _W__
, 2018 at Bakersfield, California.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
JENA COVEY
1/6/15
230
PROOF OF SERVICE (C.C.P. §1013, 2015.5)
1 First Amendment Coalition and Californians Aware v. City of Bakersfield
(Kem County Superior Court Case No. BCV-17-102929 SDS)
2
At the time of service I was over 18 years of age and not a party to this action. I am
3 resident or employed in the county where the mailing occurred. My business address is 143
Truxtun Avenue, Bakersfield, California 93301.
4
5 d ~
On September , 2018, I served the following documents: CITY 0
BAKERSFIELD'S RESPONSES TO FIRST AMENDMENT COALITIONS'S FO
6 INTERROGATORIES-GENERAL, SET ONE on the persons below as follows:
7 PLEASE SEE PROOF OF SERVICE LIST BELOW
8 _x_ BY UNITED ST ATES MAIL. I enclosed the documents in a sealed envelope or packag
addressed to the persons at the addresses listed below: I placed the envelope for collectio
9 and mailing, following our ordinary business practices. I am "readily familiar" with thi
10
day that correspondence is placed for collection and mailing, it is deposed in the ordin
11 course of business with the United States Postal Service, in a sealed envelope with postag
fully prepaid. .
12
By FAX TRANSMISSION
13
BY E-MAIL OR ELECTRONIC TRANSMISSION. Based on a court order or
14 agreement of the parties to accept service by e-mail or electronic transmission, I caused th
documents to be sent to the persons at the e-mail addresses listed below . I did not receive
15 within a reasonable time after the transmission, any electronic message or other indicatio
that the transmission was unsuccessful.
16
BY OVERNIGHT DELIVERY. I enclosed the documents in an envelope or packag
17 provided by the overnight delivery carrier and addressed to the persons at the addresse
listed on this Proof of Service. I placed the envelope or package for collection and overnigh
18 delivery at an office or a regularly utilized drop box of the overnight delivery carrier;
19
BY PERSONAL SERVICE. I caused such envelope to be hand delivered to the offices o
the addressee(s).
20
21 Executed on September d- L\ , 2018, at Bakersfield, California.
22 _x_ (State) I declare under penalty of perjury under the laws of the State of Californi
that the above is true and correct.
23
(Federal) I declare that I am employed in the office of a member of the Bar of thi
24 Court at whose direction the service was made.
25
26
27 EILEEN M. ALESSO
28
231
... .! \..
PROOF OF SERVICE LIST

1
2
Kelly A. Aviles
4 La Verne, CA 91750
(909) 991-7560
5 fax: (909) 991-7594
6 kaviles @opengovlaw .com
7
David Snyder
8 534 Fourth Street, Suite B
(415) 460-5060
10 fax: (415) 460-5155
dsnyder@firstamendmentcoalition .org
11
12
Joseph T. Francke
13 2218 Homewood Way
14
(916) 487-7000
15 fax : (916) 487- 7999
terry@ca1aware.org
16
17
18
7580-62
19
20
21
22
23
24
25
26
27
28
232
Exhibit Q 233
JOHN R. SZEWCZYK, SBN 109981 [Filing Fee Exempt
T. MARK SMITH, SBN 162370 Gov. Code §§ 6103, 26857]
CLIFFORD & BROWN
Attorneys at Law
Tel: (661) 322-6023 Fax: (661) 322-3508
6
8

10 UNLIMITED CNIL - METROPOLITANDIVISION
11
***
CALIFORNIANS A WARE: THE CENTER Petitionfiled: 12/22/2017
CITY OF BAKERSFIELD'S RESPONSES
14 Petitioners/Plaintiffs, TO FIRST AMENDMENT COALITION'S
SPECIAL INTERROGATORIES, SET
15 vs. ONE
18

20 RESPONDING PARTY Defendant, CITY OF BAKERSFIELD
21 SET NUMBER ONE
22
23 COMES NOW Defendant, CITY OF BAKERSFIELD, and responds to Plaintiff, FIRST

24 AMENDMENT COALITION's Special Interrogatories, Set One, as follows:
25 These responses are made solely for the purpose of this action. Each response is subject to all
26 objections as to competence relevance, materiality, propriety and admissibility, and any and all other
27 objections and grounds which would require the exclusion of any statement herein if the Interrogatories
28 were asked of, or any statements contained herein were made by, a witness present and testifying in court,
1
RESPONSES TO FIRST AMENDMENT COALITION'S SPECIAL INTERROGATORIES, SET ONE
234
1 all of which objections and grounds are reserved and may be interposed at the time of trial.
2 Defendant has not completed his, her or its investigation of the facts relating to this case and has
3 not completed his, her or its preparation for trial. The following responses are based upon infonnation
4 presently available to Defendant and are made without prejudice to Defendant's right to utilize
5 subsequently discovered facts.
6 Except for explicit facts admitted herein, no incidental or implied admissions are intended hereby.
7 The fact that Defendant has answered any Interrogatories should not be taken as an admission that
8 Defendant accepts or admits the existence of any facts set forth or assumed by such Interrogatory, or that
9 such response constitutes admissible evidence. The fact that Defendant has answered part or all of the
10 Interrogatory is not intended and shall not be construed to be a waiver by Defendant of all of any part of
11 any objection to any Interrogatory made by Defendant.
12 The factual background of this litigation is one of complexity. Defendant will during the course
13 of this litigation pursue extensive formal discovery, as well as extensive investigation and informal
14 discovery, on his, her or its own. Therefore, without suggesting or implying any interest to respond less
15 than fully to the Interrogatories propounded, Defendant must point out that Defendant's responses are of
16 necessity of a somewhat preliminary nature and that the full factual basis concerning this matter is yet to
17 be developed with complete precision. The following responses are based upon information presently
18 available to Defendant and are made without prejudice to Defendant's rights to utilize subsequently
19 discovered facts.
20 SPECIAL INTERROGATORIES
21 SPECIAL INTERROGATORYNO. l
22 IDENTIFY ALL COMMUNICATIONS between the CITY and any PERSON REGARDING the
23 CPRA REQUESTS.
24 RESPONSE
25 Responding Party objects on the following bases: This request is vague and ambiguous as to the
26 term "communications" and whether such term includes internal and/or external only communications.
27 Information responsive to the Request is protected by the Brown Act, which prohibits the disclosure of
28 confidential information acquired in a closed session. (Cal. Gov. Code §54963(a).) Responding party
2
235
further objects to this interrogatory as it seeks information that is protected by the official information
2 privilege (Cal. Evid. Code §1040(b)), the deliberative process privilege (Cal. Gov. Code §6255(a)), the
3 attorney-client privilege (Cal. Evid. Code § 952), and/or work product protection (Cal. Code of Civ.
4 Proc. §2018). Such information is further protected from disclosure pursuant to the California Public
5 Records Act, which prohibits the disclosure of information protected by federal or state law including, but
6 not limited to, provisions of the Evidence Code relating to evidentiary privileges ( Cal. Gov. Code
7 §6254(k)). Without waiving such objections, Responding Party responds as follows: The
8 communications consist of the October 23, 2017 letter from the CITY to PLAINTIFF, attached to the
9 Petition as Exhibit "I.''
10 SPECIAL INTERROGATORY NO. 2
11 IDENTIFY ALL records identified by the CITY as responsive to the CPRA REQUESTS.
12 RESPONSE
13 Responding Party objects on the following bases: This request is vague and ambiguous as to the
14 term "identified." Information responsive to the Request is protected by the Brown Act, which prohibits
15 the disclosure of confidential information acquired in a closed session. (Cal. Gov. Code
16 §54963(a).) Responding party further objects to this interrogatory as it seeks information that is protected
17 by the official infom1ation privilege (Cal. Evid. Code §1040(b)), the deliberative process privilege (Cal.
18 Gov. Code §6255(a)), the attorney-client privilege (Cal. Evid. Code § 952), and/or work product
19 protection ( Cal. Code of Civ. Proc. §2018). Such information is further protected from disclosure
20 pursuant to the California Public Records Act, which prohibits the disclosure of information protected by
21 federal or state law including, but not limited to, provisions of the Evidence Code relating to evidentiary
22 privileges (Cal. Gov. Code §6254(k)). Without waiving such objections, Responding Party responds
23 as follows: The records produced by the CITY are set forth in the October 23, 2017 letter from the CITY
24 to PLAINTIFF, attached to the Petition as Exhibit "I."
26 For each record listed in response to Interrogatory No. 2 that the CITY contends is not subject to
27 disclosure or may be redacted, list ALL privileges or California Public Records Act exemptions which
28 YOU contend are applicable to the record.
236
3
1 RESPONSE
2 Responding Party objects on the following bases: Information responsive to the Request is
3 protected by the Brown Act, which prohibits the disclosure of confidential information acquired in a
4 closed session. (Cal. Gov. Code §54963(a).) Responding party further objects to this interrogatory as it
5 seeks information that is protected by the official information privilege (Cal. Evid. Code §1040(b)), the
6 deliberative process privilege (Cal. Gov. Code §6255(a)), the attorney-client privilege (Cal. Evid. Code§
7 952), and/or work product protection (Cal. Code of Civ. Proc. §2018). Such information is further
8 protected from disclosure pursuant to the California Public Records Act, which prohibits the disclosure of
9 information protected by federal or state law including, but not limited to, provisions of the Evidence
10 Code relating to evidentiary privileges (Cal. Gov. Code §6254(k)).
13 disclosure or may be redacted, list all facts on which YOU base YOUR contention.
14 RESPONSE
15 Responding Party objects on the following bases: Infonnation responsive to the Request is
19 deliberative process privilege ( Cal. Gov. Code §6255(a)), the attorney-client privilege ( Cal. Evid. Code §
23 Code relating to evidentiary privileges ( Cal. Gov. Code §625 4(k)).
25 IDENTIFY ALL lawsuits filed against the CITY in the past 10 years which alleged a violation of
26 the California Public Records Act.
27 RESPONSE
28 Responding Party objects on the basis that the information sought is irrelevant to the subject
237
4
RESPONSES TO FIRST AMENDMENT COALITION ' S SPECIAL INTERROGATORIES, SET ONE
1 matter of this matter, and the information sought is not reasonably calculated to lead to the discovery of
2 admissible evidence. (Code o/Civ . Proc, § 2017.010).
5 the Ralph. M. Brown Act.
6 RESPONSE
9 admissible evidence. (Code o/Civ. Proc, § 2017.010).
IO SPECIAL INTERROGATORY NO. 7
11 IDENTIFY ALL COMMUNICATIONS from any person in the past 10 years who have claimed
12 that the CITY has violated the Ralph. M. Brown Act.
13 RESPONSE
16 admissible evidence. (Code o/Civ. Proc, § 2017.010).
18 IDENTIFY ALL COMMUNICATION regarding the closed session listed as Item 4.c. on the
19 agenda for the July 19, 2017 CITY Council meeting.
20 RESPONSE
26 952), and/or work product protection (Cal. Code of Civ. Proc . §2018) . Such information is further
5
RESPONSES TO FIRST AMENDMENT COALITION'S SPECIAL INTERROGATORIES , SET ONE
238
1 Code relating to evidentiary privileges ( Cal. Gov. Code §6254(k)).
3 IDENTIFY ALL DOCUMENTS CONCERNING the closed session listed as Item 4.c. on the
5 RESPONSE
IO deliberative process p1ivilege ( Cal. Gov. Code §6255(a)), the attorney-client privilege ( Cal. Evid. Code§
11 952), and/or work product protection (Cal. Code of Civ. Proc . §2018). Such information is further
14 Code relating to evidentiaryprivileges (Cal. Gov. Code §6254(k)).
16 IDENTIFY ALL DOCUMENTS viewed by the CITY council in the closed session listed as Item
17 4.c. on the agenda for the July 19, 2017 CITY Council meeting.
18 RESPONSE
28 Ill
239
6
2 IDENTIFY the legal basis required by Government Code section 54956.9, for the closed session
3 listed as Item 4.c. on the agenda for the July 19, 2017 CITY Council meeting.
4 RESPONSE
10 952), and/or work product protection (Cal. Code of Civ. Proc. §2018). Such infom1ation is further
13 Code relating to evidentiary privileges (Cal. Gov. Code §6254(k)). Without waiving such objections,
14 Responding Party responds as follows: The legal basis is set forth on the Agenda for the CITY Council
15 meeting attached to the Petition as Exhibit "A."
16 SPECIAL INTERROGATORYNO.12
11
17 IDENTIFY ALL "existing facts and circumstances as defined by Government Code section
18 54956.9, which form the basis of the closed session listed as Item 4.c. on the agenda for the July 19,
19 2017 CITY Council meeting.
20 RESPONSE
23 closed session. (Cal. Gov. Code §54963(a)). Responding party further objects to this interrogatory as it
24 seeks information that is protected by the official information privilege (Cal. Evid. Code §1040{b)), the
7
RESPONSES TO FIRST AMENDMENT COALITION'S SPECIAL INTERROGATORIES, SET ONE 240
I Code relating to evidentiary privileges (Cal. Gov. Code §6254(k)). Without waiving such objections,
2 Responding Party responds as follows: The facts and circumstances are not required to be disclosed
3 pursuant to California Government Code 54969.9(e)(l). (Cal. Gov. Code §54969.9(e)(l)).
5 IDENTIFY any claim pursuant to the Government Claims Act (Division 3.6 (commencing
6 with Section 810) of Title 1 of the Government Code) which formed the basis of the closed session
7 listed as Item 4.c. on the agenda for the July 19, 2017 CITY Council meeting.
8 RESPONSE
10 protected by the Brown Act, which prohibits the disclosure of confidential infonnation acquired in a
18 SPECIAL INTERROGATORY NO.14
19 IDENTIFY any written communication from a potential plaintiff threatening litigation which
20 formed the basis of the closed session listed as Item 4.c. on the agenda for the July 19, 2017 CITY
21 Council meeting.
22 RESPONSE
24 protected by the Brown Act, which prohibits the disclosure of confidential infonnation acquired in a
27 deliberative process privilege (Cal. Gov. Code §6255(a)), the attorney-client privilege (Cal. Evid. Code §
241
8
4 SPECIALINTERROGATORYNO.15
5 IDENTIFY any statement made by a person in an open and public meeting threatening
6 litigation on a specific matter within the responsibility of the legislative body which formed the basis
7 of the closed session listed as Item 4.c. on the agenda for the July 19,2017 CITY Council meeting.
8 RESPONSE
12 seeks infonnation that is protected by the official information privilege (Cal. Evid. Code §1040(b)), the
19 IDENTIFY any statement threatening litigation made by a person outside an open and public
20 meeting on a specific matter within the responsibility of the legislative body which formed the basis of
21 the closed session listed as Item 4.c. on the agenda for the July 19, 2017 CITY Council meeting.
22 RESPONSE
242
9
5 IDENTIFY ALL COMMUNICATIONS CONCERNING the closed session listed as Item 4.b.
6 on the agenda for the September 6, 2017 CITY Council meeting.
7 RESPONSE
18 IDENTIFY ALL DOCUMENTS CONCERNING the closed session listed as Item 4.b. on the
19 agenda for the September 6, 2017 CITY Council meeting.
20 RESPONSE
10
3 IDENTIFY ALL DOCUMENTS viewed by the CITY council in the closed session listed as
4 Item 4.b. on the agenda for the September 6,_2017 CITY Council meeting.
5 RESPONSE
8 closed session. (Cal. Gov. Code §54963(a)) . Responding party further objects to this interrogatory as it

16 IDENTIFY the legal basis required by Government Code section 54956.9, for the closed
17 session listed as Item 4.b. on the agenda for the September 6, 2017 CITY Council meeting.
18 RESPONSE
21 closed session. (Cal. Gov. Code §54963(a) .) Responding party further objects to this interrogatory as it
22 seeks information that is protected by the official information privilege (Cal. Evid . Code §1040(b)), the
27 Code relating to evidentiary privileges ( Cal. Gov. Code §6254(k)) . Without waiving such objections,
II
1 meeting attached to the Petition as Exhibit "B."
3 IDENTIFY ALL "existing facts and circumstances" as defined by Government Code section
4 54956.9, which form the basis of the closed session listed as Item 4.b. on the agenda for the September
5 6, 2017 CITY Council meeting.
6 RESPONSE
17 pursuant to California Government Code 54969.9(e)(l). (Cal. Gov. Code §54969.9(e){l)).

20 with Section 810) of Title 1 of the Government Code) which formed the basis of the closed session
21 listed as Item 4.b. on the agenda for the September 6, 2017 CITY Council meeting.
22 RESPONSE
25 closed session. (Cal. Gov. Code §54963(a)) . Responding party further objects to this interrogatory as it
26 seeks information that is protected by the official information privilege (Cal. Evid. Code §J040(b)), the
245
12
-I
6 formed the basis of the closed session listed as Item 4.b. on the agenda for the September 6, 2017
7 CITY Council meeting.
8 RESPONSE
13 deliberative process privilege (Cal. Gov. Code §6255{a)), the attorney-client privilege (Cal. Evid. Code§
19 IDENTIFY any statement made by a person m an open and public meeting threatening
21 of the closed session listed as Item 4.b. on the agenda for the September 6, 2017 CITY Council
22 meeting.
23 RESPONSE
246
13
4 Code relating to evidentiaryprivileges (Cal. Gov. Code §6254(k)).
8 the closed session listed as Item 4.b. on the agenda for the September 6, 2017 CITY Council meeting.
9 RESPONSE
18 Code relating to evidentiary privileges ( Cal. Gov. Code §62 54(k)).
20 IDENTIFY ALL COMMUNICATIONS CONCERNING the closed session listed as Item 4.b.
21 on the agenda for the September 20, 2017 CITY Council meeting.
22 RESPONSE
14
247
5 IDENTIFY ALL DOCUMENTS CONCERNING to the closed session listed as Item 4.b. on
6 the agenda for the September 20, 2017 CITY Council meeting.
7 RESPONSE
lO closed session. (Cal. Gov. Code §54963(a)). Responding party further objects to this interrogatory as it
19 Item 4.b. on the agenda for the September 20, 2017 CITY Council meeting.
20 RESPONSE
25 deliberative process privilege (Cal. Gov. Code §6255(a)), the attomey~client privilege (Cal. Evid. Code§
26 952), and/or work product protection (Cal. Code of Civ. Proc. §2018) . Such information is further
15
3 IDENTIFY the legal basis required by Government Code section 54956.9, for the closed
5 RESPONSE
6 Responding Party objects on the foUowing-bases: Information responsive to the Request is
16 meeting attached to the Petition as Exhibit "C."
18 30. IDENTIFY any "existing facts and circumstances'' as defined by Government Code
19 section 54956.9, which form the basis of the closed session listed as Item 4.b. on the agenda for the
20 September 20, 2017 CITY Council meeting.
21 RESPONSE
25 seeks information that is protected by the official information privilege (Cal. Evid. Code §1040(b}), the
249
16
4 pursuant to California Government Code 54969.9(e)(l). (Cal. Gov. Code §54969.9(e)(l)).
7 with Section 81o) of Title 1 of the Government Code) which formed the basis of the closed session
8 listed as Item 4.b. on the agenda for the September 20, 2017 CITY Council meeting.
9 RESPONSE
I1 protected by the Brown Act, which prohibits the disclosure of confidential information acquired in a
18 Code relating to evidentiary privileges (Cal. Gov. Code §6254(/c)).
2I formed the basis of the closed session listed as Item 4.b. on the agenda for the September 20, 2017
23 RESPONSE
27 seeks infonnation that is protected by the official information privilege (Cal. Evid. Code §1040(b)), the
250
17
952), and/or work product protection (Cal. Code of Civ. Proc. §2018). Such information is further
4 Code relating to evidentiary privileges (Cal. Gov. Code §6254(/c)).
6 IDENTIFY any statement made by a person in an open and public meeting threatening
8 of the closed session listed as Item 4.b. on the agenda for the September 20, 2017 CITY Council
9 meeting.
10 RESPONSE
14 seeks information that is protected by the official information privilege (Cal. Evid. Code §I040(b)), the
19 Code relating to evidentiary privileges ( Cal. Gov. Code §6254(/c)).
23 the closed session listed as Item 4.b. on the agenda for the September 20, 2017 CITY Council meeting.
24 RESPONSE
28 seeks information that is protected by the official information privilege (Cal. Evid. Code §I040(b)), the
18
RESPONSES TO FIRST AMENDMENT COALITION'S SPECIAL INTERROGATORJES, SET ONE
251
6
DA TED: September 24, 2018 CLIFFORD & BROWN
7
By~JOHN R.
9
10
T. MASMITR,ESQ , CZYK, ESQ.
JEFFREY P. TRAVIS, ESQ.

Attorneys for Respondent,
11
CITY OF BAKERSFIELD
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
252
19
VERIFICATION
STATE OF CALIFORNIA, COUNTY OF KERN
I have read the foregoing RESPONSE TO PETITIONER'S SPECIAL
INTERROGATORIES, SET NO. 1 and know its contents.
__ I am a party to thls action . The matters stated in the foregoing document are true of my
own knowledge except as to those matters which are stated on information and belief, and as to
XX I am __ an Officer __ a partner ____ a Risk Manager for the City
of Bakersfield, a party to this action, and am authorized to make this verification for and on its
ground allege that the matters stated in the foregoing document are true. _XX_ The matters
which are stated on information and belief, and as to those matters [ believe them to be true.
__ 1 am one of the attorneys for _____ _ _ _________ _ __ , a party
offices, and I make this verification for and on behalf of that party for that reason. I am informed
and believe and on that ground allege that the matters stated in the foregoing document are true.
Executed on September 'Ll\ ,2018 at Bakersfield, California.
1 declare under penalty of perjury under the laws of the State of California that the
JENA COVEY
1/6/15 253
PROOF OF SERVICE (C.C.P. §1013, 2015.5)
1 First Amendment Coalition and Californians Aware v. City of Bakersfield
2
3 resident or employed in the county where the mailing occurred. My business address is 143
4
On September .,'.;J~ , 2018, I served CITY 0
the following documents:
5
BAKERSFIELD'S RESPONSES TO FIRST AMENDMENT COALITIONS'S SPECIA
6 INTERROGATORIES, SET ONE on the persons below as follows:

8 _x_ BY UNITED ST A TES MAIL. I enclosed the documents in a sealed envelope or packag
11
fully prepaid. .
12
By FAX TRANSMISSION
13
documents to be sent to the persons at the e-mail addresses listed below. I did not receive
16
the addressee( s).
20
21 Executed on September _;)_ ~__ ., 2018, at Bakersfield, California.
22 _K_ (State) I declare under penalty of perjury under the laws of the State of Califomi
23
(Federal) I declare that l am employed in the office of a member of the Bar of thi
25
26
EILEEN M. ALESSO
27
28
254
1
2
Kelly A. Aviles
(909) 991-7560
5 fax: (909) 991-7594
6
kaviles@opengovlaw.com
7
David Snyder
8 534 Fourth Street, Suite B
(415) 460-5060
10 fax: (415) 460-5155
11
12
Joseph T. Francke
14
(916) 487-7000
15 fax: (916) 487-7999
terry@calaware.org
16
17
18
7580--62
19
20
21
22
23
24
25
26
27
28
255
Exhibit R 256
' ,./
-·
JOHN R. SZEWCZYK , SBN 109981 [Filing Fee Exempt

T. MARK SMITH, SBN 162370 Gov. Code§§ 6103, 26857)
CLIFFORD & BROWN
Attorneys at Law
1430 Truxtun Avenue , Suite 900
5 Bakersfield , CA 93301 -5230
Tel: (661) 322-6023 Fax: (661) 322-3508
6
8

10 UNLIMITED CIVIL - METROPOLITAN DIVISION
11 ***
12 FIRST AM ENDM ENT COALITION and CASE NO. BCV-17-102929
CALIFORNIANS AW ARE: THE CENTER Petition filed: 12/22/ 201 7
14 Petitioners /Plaintiffs, CITY OF BAKERSFIELD'S RESPONSES
TO FIRST AMENDMENT COALITION'S
15 vs. REQUESTS FOR PRODUCTION, SET
ONE
18
19
PROPOUNDING PARTY Plaintiff, FIRST AMENDMENT COALITION
20
RESPONDING PARTY Defendant , CITY OF BAKERSFIELD
21
22 SET NUMBER ONE
23
COMES NOW Defendant, CITY OF BAKERSFIELD, and responds to Plaintiff, FIRST
24
AMENDMENT COALITION, as follows:
25
REQUEST FOR PRODUCTION NO. 1:
26
ALL DOCUMENTS constituting or CONC ERNING the CITY's policies, protocols, or
27
guidelines for the retention of paper or electronic documents.
28
Ill
257
RESPONSES TO FIRST AMENDM ENT COALITI_ON ' S REQUESTS FOR PRODUCTION , SET ONE
RESPONSE
4 admissible evidence. (Code of Civ. Proc, § 201 7.010). The "[Public Records] Act itself does not
5 undertake to prescribe what type of information a public agency may gather, nor to designate the type of
6 records such an agency may keep, nor to provide a method of correcting such records. Its sole function is
7 to provide for disclosure." (Los Angeles Police Dept. v. Superior Court (1977) 65 C.A.3d 661, 668).
8 REQUEST FOR PRODUCITON NO. 2
9 ALL DOCUMENTS constituting or CONCERNING the CITY's policies , protocols , or
10 guidelines for the destruction of paper or electronic documents , including any auto-delete policies.
11 RESPONSE
14 admissible evidence. (Code of Civ. Proc, § 201 7.010). The "[Public Records] Act itself does not
15 unde1take to prescribe what type of information a public agency may gather, nor to designate the type of
17 to provide for disclosure." (Los Angeles Police Dept . v. Superior Court (1977) 65 C.A.3d 661, 668).
18 REQUEST FOR PRODUCTION NO. 3
19 ALL DOCUMENTS constituting or CONCERNING the CITY's practices, policies, protocols ,
20 or guidelines for responding to California Public Records Act requests.
21 RESPONSE
24 admissible evidence. (Code of Civ. Proc, § 201 7.-010). The "[Public Records] Act itself does not
27 to provide for disclosure." (Los A ngeles Police Dept . v. Superior Court (1977) 65 C.A.3d 661, 668).
28 Without waiving such objections, Responding Party responds as follows: See Bates Stamped
2 258
RESPONSES TO FIRST AMENDM ENT COALITION'S REQUESTS FOR PRODUCTION, SET ONE
Documents Nos. COB00000l through COB00O0l 5.
3 ALL DOCUMENTS constituting or CONCERNING the CITY's practices , policies, protocols,
4 or guidelines for searching for and/or collecting public records on non-governmental accounts or
5 platforms in response to a California Public Records Act request pursuant to San Jose v. Superior
6 Court (2017) 2 Cal .5th 608.
7 RESPONSE
10 admissible evidence. (Code of Civ. Proc, § 201 7.010). The " [Public Records] Act itself does not
12 records such an agency may keep , nor to provide a method of correcting such records . Its sole function is
13 to provide for disclosure." (Los Angeles Police Dept. v. Superior Court (1977) 65 C.A.3d 661 , 668).
14 Without waiving such objections, Responding Party responds as follows: See Bates Stamped
15 Document No. COB000016 .
17 ALL DOCUMENTS CONCERNING the CPRA REQUESTS .
18 RESPONSE
21 closed session. (Cal. Gov. Code §54963(a).) Responding party further objects to this Request as it seeks
22 information that is protected by the official information privilege (Ca/. Evid. Code §1040(b)), the
27 Code relating to evidentiary privileges (Cal. Gov. Code §6254(k) ).
28 ///
3 259
RESPONSES TO FIRST AMENDM ENT COALITION ' S REQUESTS FOR PRODUCTION , SET ONE
I REQUEST FOR PRODUCTION NO. 6
2 ALL DOCUMENTS CONCERNING the BROWN ACT DEMANDS.
3 RESPONSE
7 information that is protected by the official information privilege (Cal. Evid. Code §1040(b)), the
14 ALL DOCUMENTS CONCERNING the City's closed sessions held on July 19, September 6,
15 and September 20.
16 RESPONSE
I9 closed session. (Cal. Gov. Code §54963(a).) Responding party further objects to this Request as it seeks
20 infonnation that is protected by the official information privilege (Cal. Evid. Code §1040(b)), the
25 Code relating to evidentiary privileges (Cal. Gov. Code §6254(k)) .
27 All weekly reports, sometimes referred to as Friday Reports, Weekly Reports, Weekly Memos,
28 or Weekly Updates, from the City Manager to the City Council from January 2017 to the present.
4 260
RESPONSES TO FIRST AMENDMENT COALITION'S REQUESTS FOR PRODUCTION , SET ONE
RESPONSE
2 Responding Party objects on the basis that the inform ation sought is irrelevant to the subject
3 matter of this matter , and the infom1ation sought is not reasonably calculated to lead to the discovery of
4 admissible evidence. (Code of Civ. Proc, § 201 7.010). Responding Party objects on the basis that this
5 disco very request is so broad and unlimited as to time and scope as to be an unwarranted annoyance,
6 embarrassment, and is oppressive. To comply whh the request would be an undue burden and expense on
7 the plaintiff . (Code ofCiv. Pro c, § 2030.90).
9 ALL COMMUNICATIONS between the CITY and any PERSON REGARDING the CPRA
10 REQUESTS.
11 RESPONSE
13 protected by the Brown Act , which prohibits the disclosure of confidential information acquired in a
14 closed session. (Cal. Gov. Code §54963(a). ) Responding party further objects to this Request as it seeks
15 information that is protected by the official information privilege (Cal. Evid Code § 1040(b)), the
16 deliberative process privilege (Cal. Gov. Code §6255(a)), the attorney-client privilege (Cal. Evid Code §
17 952) , and/or work product protection (Cal. Code of Civ. Proc . §2018) . Such information is further
21 REQUEST FOR PRODUCION NO. 10
22 ALL COMMUNICATIONS regarding the closed session listed as Item 4.c . on the agenda for
23 the July 19, 2017 CITY Council meeting.
24 RESPONSE
5 261
RESPONSES TO FIRST AMENDMENT COALITION ' S REQUESTS FOR PRODUCTION , SET ONE
7 ALL DOCUMENTS CONCERNING the closed session listed as Item 4.c. on the agenda for
9 RESPONSE
10 Responding Party objects on the following bases: Infmmation responsive to the Request is
14 deliberative process privilege (Ca/. Gov. Code §6255(a)), the attorney-client privilege (Cal. Evid. Code§
20 ALL DOCUMENTS viewed by the CITY council in the closed session listed as Item 4.c. on
21 the agenda for the July 19, 2017 CITY Council meeting.
22 RESPONSE
6 262
RESPONSES TO FIRST AMENDMENT COALITION'S REQUESTS FOR PRODUC TION, SET ONE
1 protected from disclosure pursuant to the California Public Records Act , which prohibits the disclosure of
5 Any claim pursuant to the Government Claims Act (Division 3.6 (commencing with Section
6 810) of Title 1 of the Government Code) which formed the basis of the closed session listed as Item
8 RESPONSE
19 Any COMMUNICATION from or on behalf of a potential plaintiff threatening litigation
20 which formed the basis of the closed session listed as Item 4.c. on the agenda for the July 19, 2017
22 RESPONSE
7 263
1 protected from disclosure pursuant to the California Public Records Act , which prohibits the disclosure of
5 Any COMMUNICATION CONCERNING a statement made by a person threatening litigation
6 on a specific matter within the responsibility of the legislative body which formed the basis of the
7 closed session listed as Item 4.c. on the agenda for the July 19, 2017 CITY Council meeting.
8 RESPONSE
13 deliberative process privilege ( Cal. Gov. Code §6255 (a)), the attorney-client privilege ( Cal. Evid. Code §
19 ALL COMMUNICATIONS CONCERNING the closed session listed as Item 431 on the
21 RESPONSE
8 264
information protected by federal or state law including, but not limited to, provisions of the Evidence
4 ALL DOCUMENTS CONCERNING the closed session listed as Item 4.b. on the agenda for
5 the September 6, 2017 CITY Council meeting.
6 RESPONSE
17 ALL DOCUMENTS viewed by the CITY council in the closed session listed as Item 4.b. on
19 RESPONSE

9 265
4 4 .b. on the agenda for the September 6, 2017 CITY Council meeting.
5 RESPONSE
6 Responding Party objects on the following bases : Information responsive to the Request is
9 information that is protected by the official information privilege (Cal. Evid. Code §1040(b)) , the
17 which formed the basis of the closed session listed as Item 4.b. on the agenda for the September 6,
18 2017 CITY Council meeting .
19 RESPONSE
23 information that is protected by the official information privilege (Cal. Evid. Code §1040(b)) , the
25 952), and/or work product protection (Cal. Code of Civ. Proc. §201 8). Such information is further

10 266
RESPONS ES TO FIRST AMENDMENT COALITION'S REQUESTS FOR PROD UCTION, SET ONE
2 ALL DOCUMENTS CONCERNING any statement made by a person threatening litigation on
3 a specific matter within the responsibility of the legislative body which formed the basis of the closed
4 session listed as Item 4.b . on the agenda for the September 6, 2017 CITY Council meeting.
5 RESPONSE
9 information that is protected by the official information privilege (Cal. Evid Code §1040(b)), the
11 952), and/or work product protection (Cal. Code of Civ. Proc. §2018). Such info1mation is further
16 ALL COMMUNICATIONS CONCERNING the closed session listed as Item 4.11 on the
18 RESPONSE

11 267
RESPONS ES TO FIRST AMENDMENT COALITION'S REQUESTS FOR PRODUCTION , SET ONE
1 ALL DOCUMENTS CONCERNING to the closed session listed as Item 4 .b. on the agenda for
3 RESPONSE
6 clos ed session. (Cal. Gov. Code §54963(a).) Responding party further objects to this Request as it seeks
16 RESPONSE
20 information that is protected by the official information privilege (Cal. Evid Code §J040(b)), the
21 deliberative process privilege (Cal. Gov. Code §6255(a)), the attorney-client privilege (Cal. Evid Code §
28 81 o) of Title 1 of the Government Code) which formed the basis of the closed session listed as Item
12 268
RESPONS ES TO FIRST AMENDMENT COALITION'S REQUESTS FOR PRODUC TION, SET ONE
1 4.b. on the agenda for the September 20, 2017 CITY Council meeting.
2 RESPONSE
3 Responding Party objects on the following bases: Info1mation responsive to the Request is
16 RESPONSE
21 deliberative process privilege (Cal. Gov. Code §6255(a)) , the attorney-client privilege (Cal. Evid. Code §
24 inf01mation protec ted by federal or state law including, but not limited to, provisions of the Evidence
25 Code relating to evidentiary privileges (Cal. Gov. Code §6254(k) ).
13 269
RESPONSE S TO FIRST AMEND MENT COALITION ' S REQU ESTS FOR PRODUCTION , SET ONE
1 session listed Item 4.b. on the agenda for the September 20 , 2017 CITY Council meeting.
2 RESPONSE
4 protected by the Brown Act , which prohibit s the disclosure of confidential information acquired in a
9 protected from disclosure pursuant to the California Public Record s Act, which prohibits the disclosure of
12
13
14
DATED : September 24, 2018 CLIFFORD & BROWN
15
B~~
16
17 HN . EWCZYK, ESQ .
- TH, ESQ.
18 JEFFREY P. TRAVIS , ESQ.
Attorneys for Respondent ,
19
CITY OF BAKERSFIELD
20
21
22
23
24
25
26
27
28
14 270
RESPONSES TO FIRST AMENDM ENT COALITION'S REQUESTS FOR PRODUCTION, SET ONE
VERIFICATION
I have read the foregoing RESPONSE TO PETITIONER'S REQUEST FOR
PRODUCTION OF DOCUMENTS TO CITY OF BAKERSFIELD , SET NO. 1 and know its
contents.
_ _ I am a party to this action. The matters stated in the foregoing document are true of my
XX I am _ _ an Officer __ a partner ___ _ a Risk Manager for the City
of Bakersfield , a party to this action, and am authorized to make this verification for and on its
behalf , and I make this verification for that reason. I am informed and believe and on that
stated in the foregoing document are true of my own knowledge , except as to those matters
which are stated on information and belief, and as to those matters I believe them to be true.
_ _ I am one of the attorneys for _ ___ ___ __ ___ __ _ __ __ , a paiiy
Executed on September -1::Ll._
, 2018 at Bakersfield , California.
JENA COVEY
1/6/15 271
....; ~ -- - .
0 City of Bakersfield
Administrative Rules and Regulations
Public Information
This policy establishes the appropriate level of communication and expectations between an employee
and a member of the public.
I. The public may request to review City records and files in accordance with the California Public
Records Act (CPRA). Each department head or designee shall understand the appropriate level of
review for each public records request. The city clerk or designee can provide additional guidance to
a department head or designee for a public records request. If contacted for a public records request,
an employee shall notify his or her department head ordesignee to ensure conformance with CPRA.
2. Each department head or designee shall establish internal assignments and standards to address the
public. Any correspondence shall be answered as courteously, accurately, and promptly as possible .
3. An employee shall have his or her department head or designee approve public information that is
provided to the media . If the public information may generate great public interest or controversy , a
0 department head or designee shall obtain approval of the content from the city manager or designee
before releasing said infonnation.
4. An information request relating to the City Council shall be referred to the city manager or designee.
'
'.
Public Information
Page 1 of 1
272
COB-000001
0 City of Bakersfield
l.
Electronic Assets and Information Security
L
This policy establishes guidelines for the use of electronic assets and security of electronic information.
Definitions
1. Electronic assets: Data processing systems, software, photocopiers, video oraudio recording devices,
printers, personal computers,_mobile devices, facsimile machines, modems, internet services, modem
connections, telephones, portable storage devices, and other hardware peripherals.
1. This policy is applicable to employees, elected and appointed officials, contractors, consultants,
volunteers, and other workers of the City. A person sha11not conduct an unauthorized use on any
electronic assets and safeguard such information appropriately.
2. The use of personal electronic assets may be subject to the same restrictions if located in or operated
in a facility owned, leased, or otherwise used by the City. Electronic assets, regardless of ownership,
CJ connected to the City internet, intranet, and extranet shall be continually performing approved virus-
scanning software with a current virus database.
3. The City may audit electronic assets to ensure compliance with the provisions herein.
4. A person shall not conduct any of the unauthorized uses, as follows:
4.1 Personal use or operation on an electronic asset, unless authorized by the city manager or
designee or department head or designee; or
4.2 Operate an electronic asset in an unsafe or reckless manner; or
4.3 Move or disconnect an electronic asset without approval from the information technology
director or designee, except for removing a laptop from a docking station; or
4.4 Access, without the appropriate authorization, any database or file containing confidential
information including, but not limited to, personnel records, financial records, and criminal
histories; or
4.5 Encrypt data files without authorization from his or her department head or designee and the
information technology director or designee; or
Electronic Assets and Infonnation Security

Page 1 of2
COB-000002
273
t • .·· · ·:,_ · - ,
.. .:,; ;,. · -1 . . .,
/\~
'-,.,_./
4.6 Export software, technical information, encryption software, or technology in violation of

international or regional export control laws; or
4.7 Introduce malicious programs into the network or server; or
4.8 Create security breaches or disruptions of network communication including, but not limited to,
accessing data where a person is not the intended recipient or logging into a server or account
where a person is unauthorized to access; or
4.9 Port scan or security scan without authorization from the information technology director or
designee; or
4.10 Execute any form of network monitoring that intercepts data not intended for a person's
computer, unless part of a person's job duties; or
4. I 1 Circumvent user authentication or security of any host, network, or account; or
4.12 Interfere with or deny service to any user other than a person's host; or
4.13 Use any program/script/command or send messages of any kind with the intent to interfere or
disable a user's terminal session by any means locally or via the internet, intranet, or extranet; or
4.14 Provide information about a person to parties without the appropriate authorization; or
C) 4.15 Access, disclose, alter, or willfully destroy infonnation on an electronic asset that adversely
impacts City services; or
4.16 Store infonnation in a cloud based environment without authorization from the information
technology director or designee, which includes granting user and password access; or
4.17 Access an email attachment received from unknown sender since it may introduce malicious
programs into the network or server.
Electronic Assets and lnfonnation Security

Page2 of2
COB-000003
274
CJ City of Bakersfield
Electronic Communication
This policy establishes guidelines for the use of City electronic communications.
Definitions
I. Electronic communication: Access or transmit infonnation through various channels including, but
not limited to, email, blogging, social or professional networking, voicemail, instant messaging, text
messaging, short message service/multimedia message service messaging, paging, photocopiers,
personal computers, mobile devices, facsimile machines, internet services, video or audio recording
devices, telephones, and related computer hardware and software.
2. Email: A method of composing, sending, storing, and receiving messages over an electronic
communication system; includes email delivered to cellular phones, mobile devices, and laptops.
3. Instant messaging, text messaging, and short message service/multimediamessage service: A service
that allows instantaneous transmission of short text messages between devices; includes, but is not
limited to, personal computers, smart phones, cellular phones, pagers, and fax machines.
(""\
, _ __) 4. Social and professional networking: Services, including websites and list servers, that build online
communities of people who share interests and activities of a personal or professional nature.
1. This policy is applicable to employees, elected and appointed officials, contractors, consultants,
volunteers, and other workers at the City. This policy includes any person who is responsible for a
City electronic communication account, has access to a City network, or stores City controlled
information. These provisions include, but are not limited to, email accounts that are accessible by
mobile devices. City electronic communications are property of the City.
2. Electronic communication is transitory in nature, and shall b~ used in accordance with generally
accepted business practices and current laws reflected in the California Public Records Act. Any
electronic communication that is not transitory in nature should be appropriately archived.
3. City electronic communications accessed or transmitted by any person is not confidential; therefore, a
person has no expectation of privacy in anything that is accessed or transmitted electronically. The
City reserves the right to access and disclose messages accessed or transmitted electronically.
4. All messages transmitted electronically should involve City business activities or contain information
essential to its persons for the accomplishment of business-related tasks, any communication directly
related to City business, administration, or practices.
Page l of2
COB-000004
275
C)
5. Incidental and occasional personal use of electronic communication systems are permitted, but it is
recommended that any personal communication be · limited to •"light personal" communication
(birthday greeting, thank you, or other communication similar in nature). A supervisor or the
information technology director or designee may restrict or eliminate this permission for personal use
if abused by a person.
6. A person shall not use a City email address to participate in social networking sites or list servers,
whether participating at work or on personal time, without permission of the city manager or
designee. City email address .es may be used when participating in professional networking sites or list
servers if the site is appropriate for City business.
7. A person shall not electronically access or transmit offensive or harassing images, statements or
language, including disparagement of others based on their race, national origin, sex, sexual
orientation, age, disability, religion, or political beliefs. Language or images that are insulting,
offensive, disrespectful, demeaning, or sexually suggestive are prohibited as well. Forwarding a copy
of these types of offensive J11aterialsto a separate party is prohibited.
8. Inappropriate uses include, but are not limited to, personal business or message communication of a
personal nature and messages advising of personnel matters. The City cannot assist a person with any
private, profit-making activity. Therefore, private for sale and want ads are prohibited. Messages of a
political nature are prohibited. A person may not use City time, systems, or equipment or systems to
either support or oppose campaigns or candidates for elected offices. Messages of a religious nature
0 or promoting or opposing religious beliefs will not be allowed.
9. All system-wide emails must be approved in advance by the information technology director or
designee and subject to additional retention and scheduling requirements. System-wide group
resources such as conference rooms and equipment must be setup by the Technology Services
Division.
c_J Electronic Communication

Page 2 of2
276
COB-000005
'.• -~ : •• ~ •• ."• • •I • · · ··•! .,, ·1
CITY CLERK'SPROCEDUREMANUAL- 2013
Public Records Act
Records Requests
Check the records requests holding file daily for records due.
1. Requests may be faxed, mailed, or received at counter.
2. Time stamp and initial request.
3. Review request and determine which department(s) receive request.
4. Enter requests into records binder.

5. Scan document(s) using digital sender. After scanning, document will appear on
computer screen in Adobe Circulate.
:j
6. Left click on document, hold, and drag to e-mail icon.
7. Groupwise window will appear with scanned records attached. Refer to the
department contact sheet and enter the contact person and cc: if necessary . Also
cc: Assistant City Attorney assigned to the Clerk's Office if necessary. In the
subject box, type Records Request and department name, Copy information from
S:/KAREN/FORMS/records request to department.doc in message box with essential
information and send to department.
8. Delete document from Adobe Circulate and close window.
9. Sent e-mail is printed. Thisserves as the "cover sheet" for request. Highlight
department contact, requester's name, subject, and due date to Clerk. (Normally
two (2) days before the actually due date.)
10. We have ten (10) days to respond. If unable to respond in ten days, a 14-day
extension letter (S:/KAREN/Correspondence/extension letter.doc) is mailed. (14
days from original due date.) Beyond tha t, the City Attorney's Office will be
contacted with instructions.
1l . Place in holding folder in date order.
12. If applicable, after receiving requested information, place "Attorney Sticker" on

cover
sheet and take all documents to Assistant City Attorney assigned to Clerk's Office for
review and signature.
154
COB-000006
277
CITY CLERK'S PROCEDURE MANUAL- 2013
13. Pages copied have a 25¢ per page fee; Statement of Economic Interest copies
have a 10¢ per page fee; actual charge for other copying, i.e., large-page copies ,
documents sent out for copying, photographs.
14. If records are malled , finalize records request binder, and file as necessary. If
invoicing is necessary, type invoice ($:/FORMS/INVOICES/INVOICE.doc)and mail
with records. File copy with original request in Pending Document Pick Up file. Hold
one month for receipt of monies. When check is received , finalize records request in
binder and file request. If necessary, send second request. After two requests for
payment with no response, notify Roberta as to directive . Non-payments are
recorded in index at front of binder. Requests are filed in date order (date City Clerk
received) with most recent on top.
15. If records are to be picked up, complete pink cover sheet, make copy of original
request and place with records . Contact requester informing records are ready for
pick up and amount owed if applies. Place document(s) in "Secretary Will Call
Box". (Pink is date stamped when records are picked up and placed in Secretary's
in box.) File original request in Pending Document Pick Up folder until records are
picked up.
16. After documents are picked up, finalize records request binder, toss pink slip, staple
records request on top of all other e-mails/correspondence in date order, and file
appropriately. Requests are filed in date order (date City Clerk received) with most
recent on top.
Note: Requests and log are kept for a period of two years.
155
COB-000007
278
•·---·, •, •-• I
Records Requests and Subpoenas - Contacts

Development Services . ·.·. _ .~
Building Rec~rds < ..·.. Paul Archambault cc: Delores Oldham,
(buildingpermits, soilsreports, .tract files) • Jason Humphreys ,
. .A.drianaLegorreta, Linda
-- Blagg/"R-hilBurns, Mark
< Fick, Chris Gerry, Julie
primakis, Ginny Gennaro,
· Viridiana Gallardo-King,
Richard lger, Victoria
Gomez
Code Enforceme~t • · · Kim Dickson · · cc: David Paquette, Billy

{building,· cod; viJlations) Owens, Phil Burns, Ma rk
.•·.Fick, Chris Gerry, Julie
.·...<Drirnakis, Ginny Gennaro,
Viridiana Gallardo-King,
Richard lger, Victoria .
·.. · Gomez
Plahning/Z<>~iri~/Site
Plan · . · Jennie Eng cc: Jacql.ii Kitchen, Chris
{tract.file~1 wireles~facjlites) . · Gerry, Julie Drimakis,
Ginny Gennaro, Viridiana
.. Gallardo-King, Richard
lger, Victoria Gomez
Hay1NardCox ·: cc: Christine Gutie rrez,

Jacquie Kitchen, Chris
Gerry , Julie Drimakis ,
Ginny Gennaro, Vir idiana
Gallardo-King, Richard
279
COB-000008
··.,
Fire
forRecords..
Fire Reports,Subpoenas ': Coleen Blair cc: Jason May, Vic Mabry,
Anthony Galagaza,Tyler
· Hartley, RossKelly Chris
Gerry, Julie Drimakis,
· Gallardo-King,Richard
·, : ·:· · lger, Victoria Gomez; (on
- subpoenas include Josh
Rudnick also)
COB-000009
280
lnspectio11s/Fire CodeViolations Coleen Blair . cc: Vic Mabry, Tyler
(undergroun~
·•,·:·.··:;· _,_'...,._
:· ·.c--··:,--
storage
·:-:·-.·:::··,:-,
tanks,
·, :· ----:--- ·,. •.-- ... -
haz-mat}
• ·--
UST;···~
facilities
- ..,. ·_··- ...- -··----------Hartley,Ross Kelly,
··•· Anthony Galagaza,Chris
-:
... Gerry,
-· ···
·:
.Julie
·.
Drimakis,
.
·. · Ginry Gennaro, Viridiana

GallardosKing, Richard
lger,·Yictoda .~9mez
. Vic Mabry cc: Coleen Blair, Tyler

Hartley / Ro~sKeHy,
· Anthony Galagaza, Chris
· Gerry, )ulie Drirnakis,.
Individual, Coleen cc:Vic Mabry, Anthony

Blair . Galagaza, Tyler Hartley,
Ross Kelly, Chris (jerry, .
. •.Julie Drimakis, Ginny
G~nnaro, Viridiana
· · Gallardo~King,,Richard .
· lger,Victoria Gomez, Josh
Rudnick
Vic Mabry cc: Coleen Blair, Doug

Gr~enec Tyler Hartley,
Ro~sKelly, Chris Gerry,
) ulie .Qrimakis, Ginny . ·.·.
Gennaro, Viridiana ···
COB-000010
281
Information Technology (IT) .
DVD Videos for City Council Meetings and Planning Help Desk cc: Greg Provonost, Chris
Commission M~~tirgs Gerry, Julie Drimakis,
,Ginny Gennaro, Richard
· lger, Viridana Gallardo- ..
King, Victoria Gomez
COB-000011
282
cc: Chris Huot, Alan
Tandy,Jhris .Gerry, Julie
\ •:·.
· ·:·i' :orin,a~is, Ginny Gennaro,
:::•,: . i Viridiana Gallardo-King, .
Richard lger, Victoria
.Gomez
COB-000012
283
COB-000013
284
COB-000014
285
t
:'I !
:i
''l:
:·i
ii
i,
,i
!
cc: Sandra Forsythe,

Dianne Hoover, Chris
· ' Ge.rry,Julie Drimakis, ·
. Ginny Genn.aro, Viridiana
Gallardp-King, Richard .
. cc: J,3sonMeadors, Joe .

Nc1varrci,Bobbie
• Zaragoza,ChrisGeffy,
.JulieDrimakis, Ginny
· Gennaro, Virid iana
.' Gallardo,King, Richard
COB-000015
286
.•.. ·.- -· -.·. ., . ---.., .. - .. .. - .
_
RECORDSREQUEST
CHECKLIST
In accordance with the attached records request I checked the relevant

personal devlce(s) and made the following findings:
'i •
□ No public records exist
□ Public records responsive to the request are attached with

redactions pursuant to California Government Code Section 6254 et
seq., as well as a letter from the City Attorney's Office with an
explanation
!!·
0 Public records responsive to the request are attached !'
~.
'-
□ Records exist but based on the factors in the Citv of San Jose v. The ~-:
;.
Superior Court of Santa Clara, Ted Smith {the content, the context,
the audience, and the writing was not prepared within the scope of
employment) the records are not public.
Signature Date
COB-000016
287
PROOF OF SERVICE {C.C.P. §1013, 2015.5)
1 First Amendment Coalition and Californians Aware v. City of Bakers.field
2
3
4
5 On September 8-- i- ,
2018, I served the following documents: CITY 0
BAKERSFIELD'S RESPONSES TO FIRST AMENDMENT COALITIONS'
6 REQUESTS FOR PRODUCTION, SET ONE on the persons below as follows:
8 __x__BY UNITED STATES MAIL. I enclosed the docwnents in a sealed envelope or packag
9
10 business's practice for collecting and processing correspondence for mailing. On the sam
day that correspondence is placed for collection and mailing, it is deposed in the ordina
fully prepaid. .
12
By FAX TRANSMISSION
13
BY E-MAIL OR ELECTRONIC TRANSMISSION. Based on a court order or ru
16
19
the addressee(s).
20
21 Executed on September ol L\ , 2018, at Bakersfield, California.
22 __x__(State) I declare under penalty of perjury under the laws of the State of Californi
23
(Federal) I declare that I am employed in the office of a member of the Bar of thi
25
26
27 EILEEN M. ALESSO
28
288
2
Kelly A. Aviles
1502 Foothill Blvd. , # 103-140
4 La Verne , CA 91750
(909) 991-7560
5 fax: (909) 991- 7594
6 kavi1es@opengo vlaw.com
7
David Snyder
8
534 Fourth Street , Suite B
9 San Rafael , CA 94901
(415) 460-5060
10 fax: (415) 460-5155
dsnyder @firstamendmentcoalition.org
11
12
Joseph T. Francke
14
(916) 487-7000
15 fax: (916) 487-7999
terry @calaware.org
16
17
18
7580-62
19
20
21
22
23
24
25
26
27
28
289
Exhibit S 290
SuperiorCourt of California
Countyof Kern
BakersfieldDepartment 10
Date: 01/04/2019 Time: 8:00 AM - S:00 PM
BCV-17-102929
FIRSTAMENDMENT COALITION ET AL VS CITYOF BAKERSFIELD
CourtroomStaff
Honorable: Stephen D. Schuett Clerk: Linda M. Krolnik
Court reporter: Balllff:
NATUREOF PROCEEDINGS:RULINGON PLAINTIFF'SMOTION TO COMPEL
The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as
reflected above.
- The Court's ruling with regards to the matter submitted on 01/02/19 Ruling is Attached and is incorporated
hereto and made a part hereof.
Copy of minute order mailed to all parties/counsel as stated on the attached declaration
MINUTE ORDER
Pagelof2
FIRSTAMENDMENTCOALITION ETAL VS CITYOF BAKERSFIELD BCV-17-102929
MINUTEORDERFINALIZED
BY: linda l(rolnik ON: 1/4/2019
291
l NATURE OF PROCEEDINGS: RULING ON PLAINTIFF'S MOTION TO COMPEL
2 DISCOVERY
3 Plaintiff First Amendment Coalition (hereinafter "FAC"} seeks to compel
4 further responses to discovery served on defendant City of Bakersfield
5 (hereinafter "City") .
6 FAC and other plaintiffs have challenged, under the Ralph M. Brown Act
7 (Govt. Code section 54950 et seq.) and other statutes, the City's actions
8 with respect to three meetings the City Council held in closed session.
9 These meeting occurred July 19, September 6 and September ~o, 2017. The
10 closed sessions were held under the provisions of Government Code section
11 54956.9(d) (2) and (e) (1) 1 •
12 Subsection (d) (2) provides:
13 "(d) For purposes of this section, litigation shall be considered
14 pending when any of the following circumstances exist:
15
16 (2) A point has been reached where, in the opinion of the legislative
17 body of the local agency on the advice of its legal counsel, based on
18 existing facts and circumstances, there is a significant exposure to
19 litigation against the local agency."
20 In turn, subsection (e) (1) defines "existing facts and circumstances"
21 as only one of the following:
22 (1) The agency believes that facts creating significant exposure to
23 litigation are not known to potential plaintiffs.
24 2) Facts (e.g. an accident, disaster, incident, or transactional
25 occurrence) creating significant exposure to litigation are known to
26
27
1 All further statutory references are to the Government Code unless
28
specifically stated.
BCV-17-102929
- 1
292
1 potential plaintiffs, which facts or circumstances shall be publicly stated
2 on the agenda or announced.
3 (3) A claim or other written communication from a potential plaintiff
4 threatening litigation, which claim or communication shall be available for
5 public inspection.
6 (4) A person makes a statement in an open and public meeting
7 threatening litigation.
8 (5) A person makes a statement outside of an open and public meeting
9 threatening litigation, and an agency official having knowledge of the threat
10 makes a contemporaneous or other record of the statement prior to the
11 meeting.
12 A brief discussion of the history and purpose of section 54956.9 and
13 the pending litigation exception to the Brown Act will be helpful in
14 analyzing the relative positions of the parties with respect to the discovery
15 issues before the Court.
16 In 1984, the Legislature enacted SB 2216, chapter 1126, which added
17 section 54956.9 to the Brown Act. That section expressly authorized closed
18 sessions in connection with pending litigation and created specific
19 procedures and definitions for implementing these closed sessions.
20 Subsequently, in 1987, the Legislature enacted SB 200, chapter 1320, to
21 provide that the expressly authorized exemption regarding pending litigation
22 is the exclusive expression of the attorney-client privilege for purposes of
23 conducting closed-session meetings. The legislation also provided that no
24 closed session may be held unless it is expressly authorized by statute. (§
25 54962.) This provision means that other confidentiality privileges may not be
26 relied upon as implicit authorization for closed sessions.
27 The Court also notes that Section 54963 provides that a person may not
28 disclose confidential information that has been acquired by attending a
BCV-17-102929
- 2
293
1 proper closed session to a person not entitled to receive it, unless the
2 disclosure is authorized by the legislative body. For purposes of this
3 section, "confidential information" means a communication made in a closed
4 session that is specifically related to the basis for the legislative body to
5 meet lawfully in closed session.
6 In other words, the position of the City that because the City Council
7 discussed a matter in closed session pursuant to the authority of section
8 54956.9 provides complete protection to the documents or discussions that
9 took place in closed session is contrary to the provisions of the Brown Act.
10 Clearly, there are limits to the discussions that may take place pursuant to
11 section 549S9.6. The purpose of the exception is to permit the body to
12 receive legal advice and make litigation decisions only; it is not to be used
13 as a subterfuge to reach nonlitigation oriented policy decisions. (71
14 Ops.Cal.Atty.Gen. 96, 104-105 (1988) .)
15 With the parameters of the attorney-client privilege as expressed in
16 Government Code section 54956.9 in mind and the limitations of the definition
17 of "confidential information" for purposes of disclosure the Court rules as
18 follows on the discovery requests.
19 Form Interrogatory No. 15.1 - Granted. To the extent subpart (c)
20 requires the identification of documents that are subject to the attorney-
21 client privilege, the City shall provide a privilege log with sufficient
22 factual information for the other parties to evaluate the merits of that
23 claim.
24 Special Interrogatory No. 1. Granted. The definition of
25 "communication" is contained in the interrogatories served by FAC. To the
26 extent it requires the identification of documents that are subject to the
27 attorney-client or other privilege, the City shall provide a privilege log
28
BCV-17-102929
- 3
294
1 with sufficient factual information for the other parties to evaluate the
2 merits of that claim.
3 Special Interrogatory No. 2. Granted. To the extent it requires the
4 identification of documents that are subject to the attorney-client or other
5 privilege, the City shall provide a privilege log with sufficient factual
6 information for the other parties to evaluate the merits of that claim.
7 Special Interrogatory No. 3. Granted.
9 Special Interrogatory No. 5. Denied. FAC has failed to establish the
10 relevance of the requested information.
13 Special Interrogatory No. 8. Denied.
14 Special Interrogatory No. 9 .. Granted. To the extent it requires the
BCV-17-102929
- 4
295
l privilege, the City shall provide a privilege log with sufficient factual
12 Request for Production No. 1. Granted.
14 Request for Production No. 5. Granted. To the extent it requires the
BCV-17-102929
- 5
296
28
BCV-17-102929
- 6
297
l privilege, the City shall provide a privilege log with sufficient factual
21 Further responses shall be due within twenty (20) days from service of
22 the Court' s order.
23 Counsel for Plaintiff FAC to prepare an order for signature by the
24 Court.
25
26
27
28
BCV-17-102929
- 7
298
FIRST AMENDMENT COALITION ET AL VS CITY OF BAKERSFIELD
BCV-17-102929
CERTIFICATE OF MAILING
The undersigned, of said Kem County, certify: That I am a Deputy Clerk of the Superior Court of the State of California,
in and for the County of Kern, that I am a citizen of the United States, over I 8 years of age, I reside in or am employed in
the County of Kern, and not a party to the within action, that I served the Min11teOrder dated Jan11ary04, 2019 attached
hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof,
enclosed in a sealed cnvclope(s) with postage fully prepaid and placed for collection and mailing on this date, following
standard Court practices, in the United States mail at BAKERSFIELD California addressed as indicated on the attached
mailing list.
Date of Mailing: January 04, 2019
Place of Mailing: BAKERSFIELD, CA
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: January 04, 2019

By:
MAILING LIST
KELLY A AVILES JOHN R SZEWCZYK

LAW OFFICES OF KELLY AVILES CLIFFORD & BROWN
1502 FOOTHILL BLVD #103-140 1430 TRUXTUN AVE #900
LA VERNE CA 91750 BAKERSFIELD CA 933015230
Certificateof Mailing
Page 2 of2
299
Exhibit T 300
1 JOHN R. SZEWCZYK, SBN 109981 [Filing Fee Exempt
CLIFFORD & BROWN
Attorneys at Law
Tel: (661) 322-6023 Fax: (661) 322-3508
6
8
9 SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN

11 ***
CALIFORNIANS AW ARE: THE CENTER Petitionfiled: 12/22/2017
CITY OF BAKERSFIELD'S FURTHER
14 Petitioners/Plaintiffs, RESPONSES TO FIRST AMENDMENT
COALITION'S FORM
15 vs. INTERROGATORIES, SET ONE
17 Respondent/Defendant
18
21 SETNUMBER ONE
22
23 COMES NOW Defendant, CITY OF BAKERSFIELD, and further responds to Plaintiff, FIRST
24 AMENDMENT COALITION's Form Interrogatories, Set One, pursuant to the Court's Order on
25 Plaintiffs Motion to Compel dated January 30, 2019, the Notice of Entry of which was served on
26 Defendant on March 18, 2019, as follows:
27 Ill
28 Ill
301
FURTHER RESPONSES TO FIRST AMENDMENT COALITION'S FORM INTERROGATORIES, SET ONE
1 FORM INTERROGATORY NO. 15.1
2 Identify each denial of a material allegation and each special or affilmative defense in your
3 pleadings and for each:
4 (a) state all facts upon which you base the denial or special or affirmative defense;
5 (b) state the names, ADDRESSES, and telephone numbers of all PERSONS who have
6 knowledge of those facts; and
7 (c) Identify all DOCUMENTS and other tangible things which support your denial or
8 special or affomative defense, and state the name, ADDRESS, and telephone number
9 of the PERSON who has each DOCUMENT.
10 RESPONSE
11 The following response is applicable for each of the Affirmative Defenses pleaded by the CITY in
12 its Answer to the Petition.
13 (a) The CITY substantially complied with the requirements of both the Ralph M. Brown Act
14 set forth at Government Code Section 54950, et seq., and the California Public Records Act set forth at
15 Government Code Section 6250, et seq,
16 (b) Virginia Gennaro, City Attorney, (661) 326-3721
17 1600 Truxtun Avenue, Bakersfield, California 93301
18 Karen Goh, Mayor, (661) 326-3770
20 Andrae Gonzales, City Councilperson, (661) 326-3767
22 Bruce Freeman, City Councilperson, (661) 326-3767
24 Willie Rivera, City Councilperson, (661) 326-3767
26 Bob Smith, City Councilperson, (661) 326-3767
28 Ill
2 302
FURTHER RESPONSES TO FIRST AMENDMENT COALITION'S FORM INTERROGATORIES, SET ONE
1 Jacquie Sullivan, City Councilperson, (661) 326-3767
3 Ken Weir, City Councilperson, (661) 326-3767
5 (c) The documents supporting the City's substantial compliance have been produced to
6 Plaintiff and identified as Bates Stamped Documents 000001-002223. Such documents are also in
7 possession of the following person:
8 Jena Covey, City Clerk, (661) 326-3767
10
DATED: April 8, 2019 CLIFFORD & BROWN
11
12
BY-------.?---,
.,.C....~
-- ~ ..L::-====
13 JOHN
T. SMITH, E SQ.
14 JEFFREY P. TRAVIS, ESQ.
16
17
18
19
20
21
22
23
24
25
26
27
28
3 303
FURTHER RESPONSES TO FIRST AMENDMENT COALITION ' S FORM INTERROGATORIES, SET ONE
VERIFICATION
I have read the foregoing RESPONSE TO PETITIONER'S FORM
__ I am a party to this action. The matters stated in the foregoing document are true of my
XX I am __ an Officer __ a partner __ ~ a Risk Manager for the City
behalf, and I make this verification for that reason. __ I am informed and believe and on that
__ I am one of the attorneys for----~--------------' a party
Executed on April __fl_
JENA COVEY
1/6/15 304
2 (Kem County Superior Court Case No. BCV-17-102929 SDS)
5 On April :i.__
,2019, I served the following documents: CITY OF BAKERSFIELD'
FURTHER RESPONSES TO FIRST AMENDMENT COALITION'S FO
6
INTERROGATORIES, SET ONE on the persons below as follows:
7
8
fully prepaid. .
12
By FAX TRANSMISSION
13
14
17 BY OVERNIGHT DELIVERY. I enclosed the documents in an envelope or packag

18 listed on this Proof of Service. I placed the envelope or package for collection and ovemigh
19
20 the addressee(s).
21 Executed on April 1, 2019, at Bakersfield, California.
22 (State) I declare under penalty of perjury under the laws of the State of Califomi
25
26
27 KATHLEEN HARLESTON
28
305
2
Kelly A. Aviles
4
La Verne, CA 91750
5 (909) 991-7560
fax: (909) 991-7594
7
8 David Snyder
(415) 460-5060
10
fax: (415) 460-5155
12
Joseph T. Francke
13
2218 Homewood Way
(916) 487- 7000
15 fax: (916) 487- 7999
ten-y(@,calaware.org
16
17
18
7580-62
19
20
21
22
23
24
25
26
27
28
306
Exhibit U 307
1 JOHN R. SZEWCZYK, SBN 109981 [Filing Fee Exempt
T. MARK SMITH, SBN 162370 Gov. Code§§ 6103, 26857)
CLIFFORD & BROWN
Attorneys at Law
Tel: (661) 322-6023 Fax: (661) 322-3508
6
8

11 ***
CITY OF BAKERSFIELD'S FURTHER
14 Petitioners/Plaintiffs, RESPONSES TO FIRST AMENDMENT
COALITION'S SPECIAL
15 vs. INTERROGATORIES, SET ONE
18

21 SETNUMBER ONE
22
23 COMES NOW Defendant, CITY OF BAKERSFIELD, and further responds to Plaintiff, FIRST
24 AMENDMENT COALITION's Special Inten-ogatories, Set One, pursuant to the Court's Order on
25 Plaintiff's Motion to Compel dated January 30, 2019, the Notice of Entry of which was served on
26 Defendant on March 18, 2019, as follows:
27 Ill
28 ///
308
FURTHER RESPONSES TO FIRST AMENDMENT COALITION'S SPECIAL INTERROGATORIES, SET ONE
1 SPECIAL INTERROGATORIES
3 IDENTIFY ALL COMMUNICATIONS between the CITY and any PERSON REGARDING the
4 CPRA REQUESTS.
5 RESPONSE
6 After making a reasonable and good faith effort to obtain the information requested, and
7 performing a diligent of search of its records to comply with the demand, Responding Party responds
8 as follows: See Bates Stamped Documents COB 000212-000219 and 000222-000257.
10 IDENTIFY ALL records identified by the CITY as responsive to the CPRA REQUESTS.
11 RESPONSE
12 After making a reasonable and good faith effort to obtain the inforn1ation requested, and
14 as follows: The records identified by the CITY as responsive to the CPRA Requests consist of those
15 records identified as Bates Stamped Documents COB 000223-000264, together with notes of closed
16 session meetings taken by the City Attorney
19 disclosure or may be redacted, list ALL privileges or California Public Records Act exemptions which
20 YOU contend are applicable to the record.
21 RESPONSE
22 The notes of each closed session meeting taken by the City Attorney are protected from disclosure
23 as Attorney Work Product under Code of Civil Procedure Section 2018.030, and also exempt from
24 disclosure under Government Code Section 54957.2. See attached Privilege Log.
27 disclosure or may be redacted, list all facts on which YOU base YOUR contention.
28 Ill
2 309
1 RESPONSE
2 The notes were taken by the City Attorney in her capacity as attorney for the CITY. See attached
3 Privilege Log.
6 the Ralph. M. Brown Act.
7 RESPONSE
8 The "Verified Petition for Declaratory Relief and Writ of Mandate" filed on August 10, 2017
9 against the CITY by the Checks & Balances Project, identified as Kem County Superior Court Case No.
10 BCV-17-101859.
12 IDENTIFY ALL COMMUNICATIONS from any person in the past 10 years who have claimed
13 that the CITY has violated the Ralph. M. Brown Act.
14 RESPONSE
17 as follows: See Bates Stamped Documents COB 000058-000095.
19 IDENTIFY ALL DOCUMENTS CONCERNING the closed session listed as Item 4.c. on the
21 RESPONSE
23 perfonning a diligent of search of its records to comply with the demand, Responding Party responds
24 as follows: See Bates Stamped Documents COB 000096-000117 and 000150-000211, together with
25 notes of closed session meetings taken by the City Attorney which are not subject to disclosure as
26 Attorney Work Product and pursuant to Government Code Section 54957.2. See attached Privilege
27 Log.
28 Ill
3 310
FURTHER RESPONSES TO FIRST AMENDMENT COALITION'S SPECIAL INTERROGATORIES~ SET ONE
2 IDENTIFY ALL DOCUMENTS viewed by the CITY council in the closed session listed as Item
4 RESPONSE
7 as follows: The documents viewed during the closed sessions listed as Item 4.c on the agenda for the
8 July 19, 2019 CITY Council Meeting, Item 4.b on the agenda for the September 6, 2017 CITY
9 Council Meeting, and Item 4.b on the agenda for the September 20, 2017 CITY Council Meeting, are
10 set forth at Bates Stamped Document Nos. 000150-000211, respectively.

12 IDENTIFY ALL DOCUMENTS CONCERNING the closed session listed as Item 4.b. on the
14 RESPONSE
17 as follows: See Bates Stamped Documents COB 0000118-000134, together with notes of closed
18 session meetings taken by the City Attorney which are not subject to disclosure as Attorney Work
19 Product and pursuant to Government Code Section 54957.2. See attached Privilege Log.
23 RESPONSE
4 311
1 set forth at Bates Stamped Document Nos. 000150-000211 , respectively.
3 IDENTIFY ALL DOCUMENTS CONCERNING to the closed session listed as Item 4.b. on
5 RESPONSE
10 Product and pursuant to Government Code Section 54957 .2. See attached Privilege Log.
14 RESPONSE
21
DATED: April 8, 2019 CLIFFORD & BROWN
22
23
24
By
JO
~~ ~ 2
YK,
ES 7
T. MARK SMITH, ESQ.

27
28
5 312
FURTHER RESPONSES TO FIRST AMENDMENT COALITION ' S SPECIAL INTERROGATORIES, SET ONE
VERIFICATION
I have read the foregoing RESPONSE TO PETITIONER'S SPECIAL
_XX_ I am __ an Officer __ a partner __ -+ a Risk Manager for the City
behalf, and I make this verification for that reason. __ I am informed and believe and on that
__ I am one of the attorneys for __________________ _, a party
Executed on April _s, 2019 at Bakersfield, California.
JENA COVEY
1/6/15 313
2 (Kem County Superior Court Case No. BCV-17-102929 SDS)
5 On April .s__
,
2019, I served the following documents: CITY OF BAKERSFIELD'
FURTHER RESPONSES TO FIRST AMENDMENT COALITION'S SPECIA
6
INTERROGATORIES, SET ONE on the persons below as follows:
7
8
day that correspondence is placed for collection and mailing, it is deposed in the ordina
fully prepaid. .
12
By FAX TRANSMISSION
13
14 BY E-MAIL OR ELECTRONIC TRANSMISSION. Based on a court order or

17 X BY OVERNIGHT DELIVERY. I enclosed the documents in an envelope or packag

18 listed on this Proof of Service. I placed the envelope or package for collection and ovemigh
19
21 Executed on April L 2019, at Bakersfield, California.
22
__x_ (State) I declare under penalty of perjury under the laws of the State of Califomi
25
26
27
28
314
2
Kelly A. Aviles
4
La Verne, CA 91750
5 (909) 991-7560
fax: (909) 991-7594
8 David Snyder
(415) 460-5060
10
fax: (415) 460-5155
12
Joseph T. Francke
13
2218 Homewood Way
(916) 487- 7000
15 fax: (916) 487-7999
ten-y@calaware.org
16
17
18
7580-62
19
20
21
22
23
24
25
26
27
28
315
Exhibit V 316
1 JOHNR. SZEWCZYK, SBN 109981 [Filing Fee Exempt
CLIFFORD & BROWN
Attomeys at Law
Tel: (661) 322-6023 Fax: (661) 322-3508
6
Attomeys for Respondent
8

10 UNLIMITED CIVIL METROPOLITAN DIVISION
11 ***
14 Petitioners/Plaintiffs, CITY OF BAKERSFIELD'S FURTHER
RESPONSES TO FIRST AMENDMENT
15 vs. COALITION'S REQUESTS FOR
PRODUCTION, SET ONE
18
19
PROPOUNDING PARTY Plaintiff, FIRST AMENDMENT COALITION
20
RESPONDING PARTY Defendant, CITY OF BAKERSFIELD
21
SETNUMBER ONE
22
23
COMES NOW Defendant, CITY OF BAKERSFIELD, and further responds to Plaintiff, FIRST
24
AMENDMENT COALITION's Requests for Production, Set One, pursuant to the Court's Order on
25
Plaintiffs Motion to Compel dated January 30, 2019, the Notice of Entry of which was served on
26
Defendant on March 18, 2019, as follows:
27
REQUEST FOR PRODUCTION NO. 1:
28
ALL DOCUMENTS constituting or CONCERNING the CITY's policies, protocols, or
1 317
FURTHER RESPONSES TO FIRST AMENDMENT COALITION'S REQUESTS FOR PRODUCTION, SET ONE
1 guidelines for the retention of paper or electronic documents.
2 RESPONSE
7 ALL DOCUMENTS constituting or CONCERNING the CITY 1s policies, protocols, or
8 guidelines for the destruction of paper or electronic documents, including any auto-delete policies.
9 RESPONSE
14 ALL DOCUMENTS CONCERNING the CPRA REQUESTS.
15 RESPONSE
20 ALL DOCUMENTS CONCERNING the BROWN ACT DEMANDS.
21 RESPONSE
23 perfonning a diligent of search of its records to comply with the demand, Responding Party responds
26 ALL DOCUMENTS CONCERNING the City's closed sessions held on July 19, September 6,
27 and September 20.
28 Ill
2 318
1 RESPONSE
8 All weekly reports, sometimes referred to as Friday Reports, Weekly Reports, Weekly Memos,
9 or Weekly Updates, from the City Manager to the City Council from Januaiy 2017 to the present.
10 RESPONSE
11 After making a reasonable and good faith effort to obtain the info1mation requested, and
15 ALL COMMUNICATIONS between the CITY and any PERSON REGARDING the CPRA
16 REQUESTS.
17 RESPONSE
19 performing a diligent of seai·ch of its records to comply with the demand, Responding Party responds
21 REQUEST FOR PRODUCION NO. 10
22 ALL COMMUNICATIONS regarding the closed session listed as Item 4.c. on the agenda for
24 RESPONSE
28 Ill
3 319
2 ALL DOCUMENTS CONCERNING the closed session listed as Item 4.c. on the agenda for
4 RESPONSE
7 as follows: See Bates Stamped Documents COB 000096-000117 and 150-211, together with notes of
8 closed session meetings taken by the City Attorney which are not subject to disclosure as Attorney
9 Work Product and pursuant to Government Code Section 54957.2. See attached Privilege Log.
11 ALL DOCUMENTS viewed by the CITY council in the closed session listed as Item 4.c. on
12 the agenda for the July 19, 2017 CITY Council meeting.
13 RESPONSE

24 RESPONSE
27 as follows: This particular item has never existed.
28 Ill
4 320
3 which formed the basis of the closed session listed as Item 4.c. on the agenda for the July 19, 2017
5 RESPONSE
10 Any COMMUNICATION CONCERNING a statement made by a person threatening litigation
11 on a specific matter within the responsibility of the legislative body which formed the basis of the
12 closed session listed as Item 4.c. on the agenda for the July 19, 2017 CITY Council meeting.
13 RESPONSE
18 ALL COMMUNICATIONS CONCERNING the closed session listed as Item 4.b on the
20 RESPONSE
25 ALL DOCUMENTS CONCERNING the closed session listed as Item 4.b. on the agenda for
27 RESPONSE
5 321
8 RESPONSE
16 Any claim pursuant to the Government Claims Act (Division 3 .6 (commencing with Section
19 RESPONSE
25 which fanned the basis of the closed session listed as Item 4.b. on the agenda for the September 6,
27 RESPONSE
6 322
7 RESPONSE
12 ALL COMMUNICATIONS CONCERNING the closed session listed as Item 4.11 on the
14 RESPONSE
21 ALL DOCUMENTS CONCERNING to the closed session listed as Item 4.b. on the agenda for
22 the September 20, 201 7 CITY Council meeting.
23 RESPONSE
7 323
4 RESPONSE
5 After making a reasonable and good faith eff01i to obtain the information requested, and
6 perfo1ming a diligent of search of its records to comply with the demand, Responding Party responds

13 81o) of Title 1 of the Government Code) which formed the basis of the closed session listed as Item
15 RESPONSE

23 RESPONSE


8 324
2 session listed Item 4.b. on the agenda for the September 20, 2017 CITY Council meeting.
3 RESPONSE
6 as follows: This particular item has never existed .
9
DATED: April 8, 2019 CL!rFORD & BROWN
10
11
By JO~ EWC . , SQ.
12
T~
15
16
17
18
19
20
21
22
23
24
25
26
27
28
9 325
First Amendment Coalition and
Californians Aware: The Center for
Public Forum Rights vs. City of
Bakersfield; Kern County Superior
Court Case No. BCV-17-102929
CITY OF BAKERSFIELD'S
FURTHER RESPONSES TO FIRST
AMENDMENT COALITION'S
REQUEST FOR PRODUCTION, SET
ONE
326
VERIFICATION
I have read the foregoing RESPONSE TO PETITIONER'S REQUESTS FOR
PRODUCTION, SET NO. 1 and know its contents.
XX I am __ an Officer __ a partner -- -i=-- a Risk Manager for the City
__ I am one of the attorneys for ___________________ a party
Executed on April _S____
JENA COVEY
1/6/15 327
2 (Kern County Superior Court Case No. BCV-17-102929 SDS)
5 On April _L , 2019, I served the following documents: CITY OF BAKERSFIELD'

FURTHER RESPONSES TO FIRST AMENDMENT COALITION'S REQUESTS FO
6 PRODUCTION, SET ONE on the persons below as follows:
7
8
fully prepaid. .
12
By FAX TRANSMISSION
13
17 _x_ BY OVERNIGHT DELIVERY. I enclosed the documents in an envelope or packag

18 listed on this Proof of Service . I placed the envelope or package for collection and ovemigh
19
BY PERSONAL SERVICE . I caused such envelope to be hand delivered to the offices o
21 Executed on April 1-, 2019, at Bakersfield, California.
22 _x_ (State) I declare under penalty of perjury under the laws of the State of Califomi
25
26
~ N
__,
,._____
27
28
328
2
Kelly A. Aviles
5 (909) 991-7560
fax: (909) 991-7594
8 David Snyder
(415) 460-5060
10
fax: (415) 460-5155
12
Joseph T. Francke
13
2218 Homewood Way
(916) 487-7000
15 fax: (916) 487-7999
terry(@,calaware.org
16
17
18
7580-62
19
20
21
22
23
24
25
26
27
28
329
2
Kelly A. Aviles
4
La Verne, CA 91750
5 (909) 991-7560
fax: (909) 991-7594
7
8 David Snyder
(415) 460-5060
10
fax: (415) 460-5155
11 dsnyder@firstamendmentcoal ition. org
12
Joseph T. Francke
13
2218 Homewood Way
(916) 487-7000
15 fax: (916) 487-7999
teffy@rcalaware.org
16
17
18
7580-62
19
20
21
22
23
24
25
26
27
28
330
Exhibit W 331
1 JOHNR. SZEWCZYK, SBN 109981 [Filing Fee Exempt
T. MARK SMITH, SBN 162370 Gov. Code §§ 6103, 26857]
CLIFFORD & BROWN
Attorneys at Law
Tel: (661) 322-6023 Fax: (661) 322-3508
6

10 UNLIMITED CIVIL METROPOLITAN DIVISION
11 ***
CITY OF BAKERSFIELD'S PRIVILEGE
14 Petitioners/Plaintiffs, LOG
15 vs.
18
19
Defendant, CITY OF BAKERSFIELD, submits the following Privilege Log in support of its
20
Further Responses to Plaintiffs Special Interrogatories, Set One and Requests for Production, Set One.
21
22 DOCUMENT DESCRIPTION REASON FOR PRIVILEGE
23 Virginia Gennaro' s notes of the Closed Session Attorney-Work Product Protection and
24 Meetings of the Bakersfield City Council of July Government Code Section 54957.2.
25 19, 2017, September 6, 2017, and September 20,
26 2017.
27 Ill
28 ///
1 332
PRJVILEGE LOG
DATED:April8, 2019 CLIFFORD& BROWN
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2 333
PRIVILEGE LOG
2 (Kem County Superior Court Case No. BCV-17-102929 SOS)
5 On April _j_,
2019, I served the following documents: CITY OF BAKERSFIELD'
PRIVILEGE LOG on the persons below as follows:
6
7
8
11 fully prepaid. .
12 By FAX TRANSMISSION
13 _x_ BY E-MAIL OR ELECTRONIC TRANSMISSION. Based on a court order or
16
_x_ BY OVERNIGHT DELIVERY. I enclosed the documents in an envelope or packag
17
listed on this Proof of Service. I placed the envelope or package for collection and ovemigh

the addressee(s).
20
Executed on April 1_,2019, at Bakersfield, California.
21
_x_ (State) I declare under penalty of perjury under the laws of the State of Californi
24
25
26
27
28
334
Exhibit X 335
City of Bakersfield
Purpose
This policy establishes guidelines for the use of City electronic communications.
Definitions
I. Electronic communication: Access or transmit information through various channels including, but not
limited to, email, blogging, social or professional networking, voicemail, instant messaging, text
messaging, short message service/multimedia message service messaging, paging, photocopiers,
personal computers, mobile devices, facsimile machines, internet services, video or audio recording
devices, telephones, and related computer hardware and software.
2. Email: A method of composing, sending, storing, and receiving messages over an electronic
communication system; includes email delivered to cellular phones, mobile devices, and laptops.
3. Instant messaging, text messaging, and shott message service/multimedia message service: A service
that allows instantaneous transmission of shoit text messages between devices; includes, but is not
limited to, personal computers, smait phones, cellular phones, pagers, and fax machines.
4. Social and professional networking: Services, including websites and list servers, that build online
communities of people who share interests and activities of a personal or professional nature.
I. This policy is applicable to employees, elected and appointed officials, contractors, consultants,
volunteers, and other workers at the City. This policy includes any person who is responsible for a City
electronic communication account, has access to a City network, or stores City controlled information.
These provisions include, but are not limited to, email accounts that are accessible by mobile devices.
City electronic communications are prope1ty of the City.
2. All emails received or sent within the City's e-mail system, including appointments, will be digitally
archived for a period of two years and subject to disclosure upon request.
3. Electronic communication is transitory in nature, and shall be used in accordance with generally
accepted business practices and current laws reflected in the California Public Records Act. Any
electronic communication that must be retained beyond what this policy requires (see City's Records
Retention Schedule) should be appropriately archived.
Page 1 of 2
COB000017 336
4. City electronic communications accessed or transmitted by any person are not confidential; therefore,
a person has no expectation of privacy in anything that is accessed or transmitted electronically. The
City reserves the right to access and disclose messages accessed or transmitted electronically.
5. All messages transmitted electronically should involve City business activities or contain information
essential to its persons for the accomplishment of business-related tasks, any communication directly
related to City business, administration, or practices.
6. Incidental and occasional personal use of electronic communication systems are permitted, but it is
recommended that any personal communication be limited to ''light personal" communication (bi11hday
greeting, thank you, or other communication similar in nature). A supervisor or the Technology
Services Director or designee may restrict or eliminate this permission for personal use if abused by a
person.
7. A person shall not use a City email address to participate in social networking sites or list servers,
whether pai1icipating at work or on personal time, without pe1111issionof the city manager or designee.
Notwithstanding the above, City email addresses may be used when participating in professional
networking sites or list servers if the site is appropriate for City business.
8. A person shall not electronically access or transmit offensive, insulting, disrespectful, demeaning,
sexually suggestive, or harassing images, statements, or language, including disparagement of others
based on their race, color, national origin/ancestry, sex/gender (including pregnancy, childbirth,
breastfeeding, and/or related medical conditions), sexual orientation, gender identity and gender
expression, medical condition, military or veteran status, age, disability, religion/creed, genetic
information, marital status, or political activities and affiliations. Forwarding a copy of these types of
offensive materials to a separate party is prohibited.
9. Inappropriate uses include, but are not limited to, personal business or message communication of a
personal nature and messages advising of personnel matters. The City cannot assist a person with any
private, profit-making activity. Therefore, private for sale and want ads are prohibited. Further, a person
may not use City time, systems, or equipment to either support or oppose messages of a political nature,
including, but not limited to, ballot measures, campaigns, or candidates for elected offices. Messages
of a religious nature or promoting or opposing religious beliefs are also not allowed.
l 0. All system-wide emails must be approved in advance by the Technology Services Director or designee
and are subject to additional retention and scheduling requirements.
Page2of2
COB000018 337
RESOLUTION
NO. __ 6
Q_5_1_-_1_
_( ,)
AMENDMENT NO. 1 TO RESOLUTIONNO.
051-16 RELATING TO THE RECORDS
RETENTIONSCHEDULEFOR DEPARMENTS
OF
THECITYOF BAKERSFIELD
WHEREAS,Section 34090 of the California Government Code authorizes

the destruction of City records with approval of a resolution by the legislative
body and written consent of the City Attorney: and
WHEREAS,Resolution 051-16 is a Council approved retention schedule for

the following departments/divisions respectively: City Attorney, City Clerk,
Development Services, Finance, Fire, Human Resources, Police, Public Works,
Recreation and Parks,RiskManagement, and Water Resources; and
WHEREAS, this amendment is necessary to make changes to the retention

schedules for Development Services, Finance, Fire, Police and Public Works. All
other department schedules remain the same; and
WHEREAS,the records maintained by each department in the City of

Bakersfield, unless otherwise specified in the attached retention schedules, may
be destroyed two years after their creation; and
WHEREAS,the City Attorney has reviewed all Exhibits and determined that
the retention periods listed are in compliance with state law and City policy.
NOW, THEREFORE, by the Council of the City of Bakersfield

BEIT RESOLVED
as follows:
1. The above recitals are true and correct and are incorporated
herein by reference.
2. Resolution 051-16 and its Exhibits "A-K" attached hereto and

incorporated by reference herein is hereby amended.
--00000--
- Page 1 of 2 Pages -
COB000019 338
I HEREBY CERTIFYthat the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
AllG 15 2018 , by the following vote:
✓✓✓✓✓✓ ✓
Gv
NOES:
COUNCIL MEMBERRIVERA,GONZALES,WEIR,SMITH,FREEMAN.SULLIVAN.PARLIER
COUNCIL MEMBER~N....,_,.~---------------
ABSTAIN; COUNCIL MEMBER_-'-t,J-~---='--------------
ABSENT: COUNCIL MEMBER_ _,_N.........,Q-N..,..c...a...:
____________ _
~ ~-
CHRISTOPHER G RY
ACTING CITYCLERKand Ex Officio Clerk of
APPROVED---'-A-"-"UG
........
1-"-5
-'--"20--"-18_
Mayor
APPROVEDAS TO FORM:
VIRGINIA GENNARO
City Attorney
Associate City Attorney
VGK:vlg
A ttochments
$:\COUNCIL \Resos\ I S-19\AmendtoRecordsRetenlSched .AIIDepls,docx ~ -oA.k~;p
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-
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- Page 2 of 2 Pages -
ORIGINAL
COB000020 339
RECORDS
RETENTION
SCHEDULE
CITYATTORNEY'S
OFFICE
• City Attorney Departmental Employee Files

• City Departmental and Municipal Files
(Correspondence. notes, reports, miscellaneous)
FiveYears:
•Code Enforcement Files- statutory requirement

• PitchessMotions - statutory requirement
• Litigation Files,except water litigation matters
• Investigation Filesrelating to litigation matters
• Original signed time cards for payroll
• Budget files
S:\CLERK\RecordsRetention\RecordsRetention - CAO.docx
COB000021 340
L. 0 (J
Cllfctn'IOlllctl
C Funcllonl
...
12.1
Gloup • DocumlllllI. DUAIG: ............... ..
General Admlnlstrattan 100-106 ~.ManagetMnt - Camtlpondence lntaraland ExlematPolctmand~ 2Yem
Olla~ • Profalonal ~ ccrnmJnlly 01'QGtilmllDnt raports:
newsleHels/publcatlons; public Rllaffont: compkmfl: l9fenalr ~ueffl fer
records:._-.. ■-·- farmleltan; elecflon fannl; ............... _
Handout
Munldpal Unllled Func:tlonal Faig Sysfem:llnactlve l'9CGldl afcrage 1llf01111Clflow1;
Gn:lup;Cornpula Cllaup
General AdmfnstraHon 102--10:104-02 ~ cedllc .. al dellrucltlon Permanent

Plannlng 200-201: 203 Clly ..... - Zonlng.a,angm; appeall: ca...,._• Bemenlt: Amendmenfl: ~ Permanent
Spec:lflc Plan
Plannlng '-02 COM 1!11hllce1nent

- Code vlolatlan1 10Yecn
Planning 2'M ll!mfNnmenfdPlannlng • CIQA: M' Qualty. BR hpartc NagaflYe Dllckmfluns 10 YIICI"and Revfew
-
Planmg 2D.5 ND.,._• General lnformatfcn Cunwnt
City Management 30().301 Cly CGuncl• Agandcr.Mktutes.Cauncl Pacf(eb; Permanent
City Management 001.05;301.06 City Counc:1- -,, 5Yecn.

COB000022
A. PublcSlatemants: B. 2Yecn
I. Audio Video Raccrdlngi of fflllllffngs
City Management 3m IOCINII.Canalllllclna.

A, Mfnutas;
- A. Permanent
I. 5Yecn
I. Agendas and Notices: C. lOYearReY&,w
C. App:ilntmants/Rmlgnatlons: D. Permanent
D. Repom; E. 2Yean
I!. Audio Video Rec:on:flngl
City Management 303 1M1et and I...,_• CHygeilll!ated lfuclac other agencygetWafed ll\ldel IDYecrRevtew
Financial and Ftscal ,400-408 Acccnmllng • A.5Yaa-Rflllllew

A. Repa'fs; I. 2Yecn
I. Elcpenle Voucherl Claim Vouehen;Alldl • Annual Audit llepart c.sv-..
C. ICll'lldng:lludgtt • AMual Budget ccplal: Budget Ac(Ultmenll; Budget W'Cftdngpapara; D. 2Y8afl
Capltal mprovementBudget Capllal lrnpnMlrnent Wcdrtlg Papen; E. 5Yecn
D........ - Developniant Fee, School FacllllfesPee: Sdal TAx: Prq)erly Tax: Occupancy F. 5Yean afferexpmtbn
E.,...
Tax/ Bullneu Ucenw. feel/S9MCeChmgm:
.11mesheelr.vacdlon/ick leaverepom:
P. ICllldl-BandlssUm;
G. 2Yeas
G. JIIIURlllft/MMlllll'!Nnt • Polca
o CITYa.it'" EXHIBIT-
11
6 "
341
:n dl
G) ']a"
- ::it:
z l)_i-
► ~
'073\~s
C 0 0
City a.k's Offlce
PIie Group • Dacwnent I DIIICllpllon ..... dlal,..,.Od

Functlans ID•
Pen;onnel .500-509 PenonmilData • A • .5Years Review
A. Oaths: Nolay: B. 2Years
a. Penonn.aManaprnentl,....... hcnanant Penannel Mecllcaland Co11l'plMClllan;
PllflOl'lnelRelhmanl:Panonnellclucallon:1'9nonnellcnlr, Sdary and Waar.Labor
RelClllonr.
lnvento,y/Porchaslng 600-603 Purchmlne• A. 2 Yl!KJIJ
A. PuchQse orden. bids warranb; Conlractlng • B. 5 Year Review
I, Consuttlng Services: C. 2Yeari
...........
C l!qulpnwnt ClllclFumllln
O
Legislative and Legal 7()0..702 A, Permanent

A. Ordinances; Resolutions; Zoning R8101utlons:SubdlYIITonResolullons: B. 2YEIOll
.. Fedelal,Stata leglslatlon: C. Permanent
C. llac:lfom- General and Speclat
leglslatlve and Legal 703-704 A.CllvAIIGmey; A, 2Years

I. GtlMlal Lagal-Ag.--ments; B. 10 Year after elq)roflon
C. Claims by/Against City; c. 5 Years afta" 18fflement
D. Abatements (Weed/Debris) and llens: Utlgatron: Summons &Supboenas 0. 10 Yegr Review
705 LandDocumenll -
COB000023
Leglslatlve and Legal A. Permanent

A. Deeds/ Quttfclam Deeds; Easements; Abandoments: Vacalfons: As1e11mentDlstrfcls: B. 10 Year RIJYlew
Annexations:
I, Sphere of lnfluem::e
Leglslotlve end legal 706-107 Agencln- A. 2Year

A. Federat state; Reglonat county; 8. Pennanent
I. Pennlll- encroachment penntt,; C. 4Year
C. Ta,cJcabpermlh; Towing p91T11lts;
Massage Permlb; other permtt1
Legfslatlve and Legal 708 ,_ Pollllcal PracllcelCommllllonl'lllnllll A. CUll8ffl

A. Conflict of lnten,st Codas; a. 4Yecn
a, Coples of Statements of £<:onomlc lnterest1 700 (State fliers): C. 7YEIOR
c:.Statemen15 of Ecomomic lnterem orlglnQIICity fllarsJ;
Legislative ond Legal 709 carant
l'10Qnffll• Federal and State Grants IO Year Review
Leglslatlve and Legal 710 HNl!ng1 - Miscellaneous 2YeaRevlew
Englneerfng. Bulldlng and 800-8).1 r..neral l!ftdnNllncl- A. 2Year

Construction A, Bids; 8. P8ffl1Clnen1
I. M!Mlon • Map Subd\vblons; MinorSubdivisions; c. 2Yeor
c.capltal tmprcw..-.t l'fCll•ctGen11a1ln;lnHllnl ,..._
o CITY0.-<'
E o,
342
G) "J>'
z:t> ;;
,,b
r 0T3\:f:i
(_ 0 0 -.
en, Clalk'I Olllce
Pile Group•Documanl&Dwlfplfon
functions lt9fwftlonl'ellod
ID•
Engineering, Bulldtng and 805 Spac:lal Dllllld Pn,Jadl. AsseHementDlstl1cttldn1enance DISMct:Grade Sepcnoflon: Permanent
Construction Underground Utllty Dll111c:t
Engineering. BuOdlngand 806-607 ltorm Drain/Flood Conlrol • A. IOYecrRevlew

Cons1ruction A. PmJech; lulclrlg • Prcject.s; B. 4 Year Revlaw
I. Utter Abalement; Demoltlon of Dangerous BuBcllnQJ
Economic/Community 900-901 Dwelopnlllllt Programs

Economlc/CClfflmUnlly IOYearRevlew
Economlc/Comrmmlfy 902 bdevetapmant • A. Permanent

Development A. Property Acqulsltlon; B, 10 Year Review
I, Project Areas; Speclal Events: C. !Oyecnafterup.
c. A!Jllaments;
Economic/Communlfy 902 ledevelopment • A. Permanent

Development Deeds; Agenda Pac:ke1s; Mlnutea:Reports:
A. Re101Utlons: B. IOYearRevlew
I. Boards, Commlalons & CommHtees: Financial Doc::umenb; c. 2Years
c. Audia/Video Recordings of rne.,ttngs
Real Estate 10001 aty Property • Sll'J)IUIPropeny,
pn:iperty Acqullfffon/Sale Permanent
Real Estate 10002 UnlncorpDl'Clled

Pn,pady Cl.lff8nt
COB000024
Trofflc/Transportaffon/ 1100-1102 SltNfl/Hlghwaysllr(da• 10Year RB'llew

-
Troffic/Tronsportatlon/ 1103-1106 1JG1K Acclderlb; balk Conll'OI;Parkingllrfft Ckmlre 2YearRevlew
___
Traffic/Transportoffon/
..,_..._, 1107 Publlc:Tranapo,tcdlon:
Bus.A~s. Ratlrcad/AMTRAK: Caltrans ISYear
Publlc Utllffles 1201 Franchlla;Gas & Electric: Telephone: Cable TV System; Water System Pennanent
Publfc Utftllfes 1202 Wat.rlpwm; A. 2Year

A. Rate Schedule; B. 10 Year Review
I. Project; Water Meter
Publlc UHfllies 1203 WCllfewoNrTNafmllnt 10 Year Review
Public UHDffles 1204 lne,gylelOUN:411 2Year
Publlc UHRlles 1205 Sewers,.lem; A. 10 YearR:evlew

A. Projects; B. 5 Yea Review
a. Sewer Connections
A. IOYear
Public
Utilities 1206 Solld ManaQtmllt.
Wente B. 2Yea
A. LandllUSffe;
a. Recyclng
O CITY O,c,,
.D 01
G5 ,..
343
- .::00.
~ ~
,- QT3\•f=i
(__, 0 (:)
Cllycterk"ICftlc•
Fundlons
...
..... Gn:,up-Documaf& DalCllpllon btltllllonl'eriod
Pubic Safety 1300-1301 Pole■ S■rvlc■ 1DYearReview
Public Safety 1302 FIN s■mcer. Joint Powers Agreement 10 Year After &protion
PubRc Safety 1303-02 ErneraencY

Prapcndnea Plan Cum,nt
Public Safety 1304 Hmmdout MclllillalManaaenMri:

Storage Tanks; Hamrdous Waste Management 10 Year Review
Cuffure Education Health 1400-1401 School Qroupa:School District: College/Untverslty 5Ye«

IJL-
Culture Education Health 1-402 ParkaGnd R■c:•alfon: Bb/Pedestrlan Trails;City Parkll; Convetnffon Center 10 Year Review
.11.- ..
Culture Education Health 1-403-l.<IOS hnklr/Chlld Hcmclcappld: Dnlg Conni; H■ allfl ._._ Ambulance&, Animal Control, 5Year
& R:eaeotlon Hospitals
Culture Education Health 1-406-1407 Library S■rvlcer. CUlvral/Mltollcat

SisterCHy:Art Prog,am; 1heater 5Year
.I!. - ..
Cu!Me Education Health 1-407-0S&-06 Cullun::II/Hlllorlcal: Clock Tower Foundation: Cultural Hlstorfcal Designations Permanent
1.11.
- ..
COB000025
o CITY O,c-
-~
:o
,,.
<S)
344
>;;
z ~~
"f!Gl3\-f~
~,~;~t;
No I ~orcl Sertee I Retention ,._To Ma
I. GUIDELINES FOR ADMINISTRATION
lAIGRANTS LA
Community Development Block Grant IT+4 !Termination plus 4 yrs GC34090; 24 CPR Applications, reports, contracts, supporting documents;•OMB Cir. IED
and Urban Development 570.502 A-102, A-110, A-128
24
CFR85.426
2 Federal and State CL+5 Closed/Completed pll.l!5 yrs. GC34090 Refer to grant application close-out procedure Dept 2
3 Financial Records CL+5 Closed/Completed plllllS yrs. GC34090 Remto pant application clo~ut procedure Dee_t 3
4 Unsuocessful CL+2 Closed/Completed pl1182 yrs. GC34090 Appllcatlont not entitled Dept 4
1.B LEGAU LEGISLATIVE !._B

l Agendas CU+2 Current Y car plus 2 yrs. Original-e=ndas and spec:ialmeeting notices, ill(lludingcertifiCtiteslDept
or posting.original1ununarles,
orfglllll communicatiom IIJldaction
asenda tor Co1111Cil,
Boenla 1111d
Commissions
2 IAgenda Reports (Master, Subject Files) CU+2 Current Year pl1182 yn. OC34090
dl
Documentation Tl!Ceiwd,cn=a=Iand/or submitted to Council Dept I 2
4 rpplications, Boards,Commissions, CL+2 Closed/Completl!d

plus 2 ~- OC34090 Not11electcd Dept I 4
Committee:i
5 !Applications.Boards,CommissiDllll, IT+5 ITerminationplu, S yrs GC34090; GC4080l Selected Dept I s
Committees
S ILcgalAdvertising CU+4 Current Year plus 4 }'I'S, CCP 343, 349 et aeq.; Includes public notices, lepl JJllblications Dept I s
COB000026
GC 911.2· GC 34090
S !Minutes p PeFll1tlnent GC34090(d); OC36814; Officialminw:s and hearing proceedingsof governing body or !Dept I s
GC40801 lhoardcommissionor committee
6 !Notices, Meeting CU+2 Cummt Year plus 2 yra. OC 34090.7, Specilllmeetings !Dept r 6
S4960.1'c)(l)
7 Ordinances p Pernument GC34090(d) 40806 Charter amendme~ mUDicipelcode Dept 7
8 Resolutions p Pennanent GC34090(d)40801 Legislativeactions Dept 8
9 Tapes, Audio/Video CU+J Current Year plus 3 mos OC34090.7 Wbenused 1br minute inparation 1111d
msy have hiatoriculvalue. Dept 9
mos.
O ClTY O,<-
-
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EXHIB1T"
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345
z ~
c~~~lcroeoll\V<ln<IOWSIT~lnllmetfleelCOOIBl!t.~AF1Ga
DM'l>llment~ Reconllllll!illlion
Pig&1ii• 712!irlD\88:14
AM
No RecordSarlea Retention ~ ... I
To No
II. GUIDELINES FOR DEVELOPMENT
u. ADMINISTRATION U.A.
I Bids & Pro osals Unsuccessful CL+2 C!Offil/Com leted lus 2 GC34090d I
1 Code Books p Permanent GC34090c National Electric.alCode, Uniform Building, Fire, Mechanical, 2
Plwnbin &Su ements
3 Contractor CU+2 Current Year GC34090d 3
4 Corres ndence CU+2 Current Year GC34090d Wodo:in documentation 4
5 Devel ment Conditions L Life GC34090 Mi.ti tion meuures·fiffldwith case files s
6 Development p Permanent CCP337, Infrutructurecontract.,,franchi:sa. Ori8)11111 6
A ments 337.1 a 337.15· maintainedfor 7
7 DevelopmentStandards p Pennanent GC34090a Landacapc: mcdiuma,p~ landllCBpe development,public 7
works00Illlruction
8 Drawin , Pro·ect PIBn CU+2 Cummt Year IWI2 II. GC34090d Do• not include th011e U8U8llfiled with case or cct 8
9 Franchises p Permanent GC65864, 65869.S, Including subdivision agreemenfll,contract., for sale or pun:hase of 9
34090• propc!1y,~le, grant of easemenuand/pr involving construction o
improvements
•cCP337. 343· ACl6023
10 General Sub"ectFiles CU+2 Current Year Jlj2 ll. GC34090d J'ntcmql workin files incl ence I 10
11 Grants, Community/UrbanDevelopment CL+4 Closed/Completedplus 4 yrs. 24CFR Project files, contracb, prop0llllls,lllatements,reports, sub-recipient ED ll
(includes CDBG) dockcu, Environmental review.grant documents, applications,
lll'Vllll.ttuy,consolidated plan, etc. htclud1111
Section 108 loan
guanmtcc *OMB Cir. A-102 &. 128, HUD :regulations
COB000027
12 Historic Preservation Invenro 2 2 GC34090d Historic atructurcs&. liwimarks ED 12

13 Incident Files 2 2 yrs. GC34090d EmergencyCall Outs Code Enforcement 13
14 Land Uses, nonconforming p Permanent OC34090a Building or site usagewhich does not oonformto cwtent standards Planning 14
15 Logs CU+S Cummt Year plus 5 yr.i. Logs, rcgisllmlor similar records !ming permits,1:ertificatesof Building & Planning 15
occupancy i!SUCd;may include inspection, building activity, daily,
lanchec: util'
16 Master Plans. Annual S+2 Suspension plus 2 }'[ll. GC34090 Special ar long range protlflllllplan fur municipalities- Building & Planning 16
ooordinlltionof services· aim ic
17 Permits, Construction p Pe!:manent OC34090a;H&S198S0; Plans. building, signs, grading.encroachment. including blueprint!! Building 17
4003·4004 ands ificatiorui
18 Pennits. Other CL+2 Closed/Completedpll.lll2 yr.i, GC34090d Altmations,c:ncr<lllclunent,excavatiOllll,road, streetsidewallc.s& Building 18
CUibalteraticma,transporlafion,swinnning pool drainage,
tml
19 S+2 GC34090d Aerial 19
20 CL+2 GC34090d Build' 20
21 CU+2 OC34090 21
22 p Permanent GC34090a 22
23 p Pemumcnt GC34090a 23
24 CL+Z Clcscd/Comlctcd lus 2 GC34090d Buildin 24
p Permanent GC34090a Building&: Planning 25
25
O CITY O,c-
JJ 61
G) :P
- ;:i,;
z)> .0
346
s-v
C.'\Use~~ooatMaosafl\WlndawolTernporay lnlemlllFlealC<nll!ll!.OutloOII\08FAFIG21 712M0188:14AM
f'lllle20f.
~ment5arvlc8a RemrtlRnn'ion
No I Racoftl SerlM
n. GUIDELINES FOR DEVELOPMENT :ctittttbuecl
·.
Il. BJBUILDING
Blueprints,Specifications CL+2 Closed/Completedplus 2 yr.1. OC34090d Submitted by contractors with application for permit and builds far IBuildins
Certificate of0ccuJ>8llC'
2 !Certificates L Ure OC34090a Compliance,elevation, occupancy which affect real property IBuilding 2
3 !Construction - Commercial p Permaoent H&S 19850-52 iNew commercialconlllnlction, tenant Building 3

{Approved) improvements addition, alteration, pool, spe, signs, block well,
mnodel including security bonds, addtitio1111, and 11111:ratiom
3 IConstruction - Residential CL+ 180 Closed/Completedplus 180 days H&S 19850-52 New residential comtruction, edditioos, alterati011s,spa. pool, Building 3
(Approved) signs, block wall,
remodel including security bonds
4 Ins ction CL+2 Closed/Completed111118

2 Build,· 4
5 Permits p Permanent Building 5
S+2 Su, Buildin 6

n, .:·-~:~;~:i:i~f
~•j"~~:·;:ti~Ui 11,C,
I !Abandoned Vehicles CL+2 Code Enforoement
2 !Case Files CL+2 GC34090d Code Enforcement
COB000028
!_lli CU+2 GC34090d cilati~cJ)mp,laint!I Code Enfurecment 1

41Re!!ulati0ns S+2 Suspaision Gc::.34090d Code Enforcement 4
5 IReports, Federal and State p Permanent OC34090a Code enforcement statistics; may contain records affecting title to {CodeEllforcelnent s
r;al property or liens thereon
6 IViolations, Building, Property & Zoning ICL+ 2 Closed/Completedplus 2 yrs. GC3409()d Supportingcode enfon:cmentactivity !CodeEntbrllllrncnt 6
ill. D1ENIVIRONMENTALQUALITY · ~._:tf>~ ..1.i{~-~,i:.t1.:~~1~r~:I~~~r~!ffi·~.-

:tl..~~~;.~:; ~~· - ·t/.-, _.. 11.
i California Environmental Quality Act IP Permanent OCJ4090a ... ,..::,•:,:.·s
, •.,,." "!' ')~··"·.
l.,;"",ll\
."-•(:;~~~:;:~ lmJIII"Rcport.Mitigati~nmonilllring, lP~ing I 1
(CEQA) Guidelines negative declaration. notices of completion and detennination,
<:e>mments,i!tab:mcnbl of ovmridilllJconsiderations
2 !Environmental Review CL+2 OC34090d 1dence,CODBultantll,

issues, conaervation Plannm: 2
3 !Soil CL+2 OC3409.Qd Buildin: 3
IL E.JHOUSING .'>-5J'.~:;
'.:· ~·!f~;
t-~~:;:~~;~'.:.t
-~.{·;:rm:~
I !Bonds CL+4 CCP337 RevenueBond Documentation ED
2 !Programs CL+J 24CFR Indudes comprehensive Housing Authority Strategy, Meeting ED 2
570.502(b)(3); Credit Certificate, Housing bond adviS<Ky,HOME, In-Lieu
24 CFR 85.42 & Housing Mitigation, IAw/Moderate Housing, RmllBl Housing
0MB Cir. A- 110,#C Assistance
Includesannual audit ED 3
3 !Redevelopment Penn.anent
p GC34090, 0
Bud ED 4
p Permanent OC43900et Includes annual audit
4 !Bond fasucs
Be~.
0 cino""
347
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7l25,l201U:14AM
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No Racon:IS.rl• Rettlntlon To
II.F. PLANNING II. P.
I Case files, Planningand Zoning p Permanent GCJ490911;H&S 19850; Pcnains to real property. May include blueprints, drawings, maps, Planning l
4003;4004 plans, reJX1rts,ewluations, corrapondencc, uses. permits.
variances, studies,appeals,compliance certificates, lot line
adjustments or other planning-related mlllters brought before
legislative body
2 Certificates L Life GC34090 life of structure 2

3 Flood Records CU+2 Current Year lus 2 GC34090 3
4 General Plan and Elements p Permarumt GC34090 Includes ereof influence Phmnin 4
5 General Plan Amendments CL+2 Closed/Completed plus 2 YB• GC34090 •GCSOllO Planning 5
A ro~Denied CU+3 Cummt Year lus 3
6 lnte retalions CU+2 Current Year lus 2 ra. B
7 Maps, Plans, Drawings, Exhibits, p Permanent land uae map, aerial Planning 7
Photos
110. PROPERTY
1 Abandonment p Permanent
. ..
·,::.;:,-
1
.
2 Acquisilionl Disposition Disposition CL+ 10 Closed/Completed plus 10 yrs. 2
3 Annexation Case Files p Permanent GC34090a Plannl 3

4 Appraisals CL+2 Closed/Completed plue 2 yrs. GC34090; GC6254{h} 4
5 Deeds & Promissory Notes p Permanent GC34090a* Circ. SA- 110

*24 CFR570.502(b)(3); 24 CFR 8.42 &011.1B ED 5
COB000029
6 p Permanent GC34090d ,monuments Plannl 6

7 p Permanent GC34090 Plan 7
8 CL+2 Cloaed/Completed plus 2 yrs. GC34090 e.g .• Redevelopment ED 8
m.GUIDELINES FOR FINANCE !~..1l,'i•,; , -;. ;- /. •,t]fJ~~, l~

\'~:;.\:J '. ,"t-\, ~\&1'.~ffiN~
Ill. ACQO NG
1 AccountsP ble AU+4 GC34090 Invoices check l
2 Accounts Receivable AU+4 GC34080 2
3 Bud et AU+2 GC34090 3
4 AU+2 Account tranafan 4
AU+2 related documents 5

• •• l ~ _,•,.. ~ • •' • ~ :°•., • , •~.' ..
s 1
CU+2 2
p 3
.,, ...:; .lJ::j;~,--:.:·"·~"!'
1iD~f-)._:
GC34090
AU+4 Audit plus 4 yrs. 29CFR AI.Jdlt
purpoae• Dept I
1 Adju~tments
518.5 516.6
Signed by employee for alKllt & FEMA Reports
AU+6 Audit plWI6 yrs. GC34090;29 CFR 516.2* "20 CFR 516.6(1); IRS Reg.31.B001-1(e)(z); R&T 19530; LC Dept 2
2 Employee Time Sheets
1174 d
:) cin- 0,('-
.n
348
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:;1U:ts\Ailt)~iCrG&lllll~T~lnllmelFlee\CGlllBnLOUlclriklOSFAF1G2\ 7J2Mll18
8:14AM
Paga41114
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r- 013\-f'
FINANCERECORDRETENTIONSCHEDULE
ACCOUNTINGAND BUDGETCONlROL DIVISION
(Updan:dApril24, 2018)
ACCOUNTSPAYABLE
RETENTION
Permanent Acc01mtsPayable Voucher Register
Permanent Accounts Payable Check Register
S years AccountsPayable Claim Vouchers
PAYROLLDOCUMENTS
Permanent Electronic Payroll Register (S years paper)
Permanent ElectronicExpenditureDistribution(Includew/checkregister)
Permanent ElectronicP.E.R.SReport
IOyean HoW'SProoOTim.e
cards/Daily Roster
Syears ElectronicRegisters(excluding Payroll)
1 year Paperregisters(excluding Payroll)
5 years W-2's & W-2P's and 1099's
RECEIVABLES
5 years Utilities& Other AccountsReceivableRegist.ers
REPORTS
Permanent Expenditure& Revenue Ledger
Permanent Project Report and Annual SlllllDW)'Reports
5years Labor and Overhead 28-daySummary
5years Fuel Usage 28-day Summary
FINANCIALDOCUMENTS
RETENTION
Permanent Annual Financial Statements
Permanent Annual Budget

x~fl,l<f'-9
a %
~ " ~
EXHIBIT"
COB000030 349
08\GINAL
2 years PrelimiruuyBudget
Permanent Stat.eControllersReports
Term ofBond +3 yrs Bond Issue Official Statement
Permanent AccountingGroups
5 years-past Federaland State Grants and Entitlements

completion
5 years Report of Monies Collected
Permanent Annual and Departmental Audit Reports (CAFR)
5 years Cash Rccc:iptBooks
3 years Bank Reconciliations& Stat.ements
TREASURER DMSION
5 years
5years
5 years BusinessLic:cmses
JOyears TOT Records
PURCHASING DMSION
5 years ElectronicPurchaseOrders
7years FormalBids
5 years Annual Contracts
S years Requisitions
PROPERTY MANAGEMENT
S years Real Property Appraisal
S years EscrowFiles
~~M~,9
~
0
;,....
!:::
--
~
350
0 D
COB000031 ORIGINAL
RECORDSRETENTION
SCHEDULE
FIREDEPARTMENT
I. Retaintwo years:
l. Claim Vouchers
2. Purchase orders
3. Memos/correspondence
4. Payroll hours proof
5. Receipt books
6. False alarm citations
7. Requests for time off
8. Budget work papers
II. Retainfive years:

1. Fee calculation worksheets
2. Fire Civil Service Board meeting agenda and minutes
3. Agreements
4. Inspection records
5. Trainingrecords
6. Retired or past employee files
Ill. Retainten years:

1. Monthly consolidated reports
2. Daily rosters
3. Employee time sheets
4. Fire Reports
5. Accident reports (non-workers' comp)
IV. Retainindefinltely:
l . Arson case files
2. Current employee files
3. Certified Unified Program Agency files
All records. documents, instruments, books and papers not mentioned in

Sections I through IV shall be retained a minimum of two years. Duplicates of all
reports may be destroyed at any time when the duplicates are no longer
needed. Any of the above may be retained tor a longer period if circumstances
so warrant.
EXHIBIT
II £ "
COB000032 351
___________
.. ..
CL•~
,.,,.
CU•ewr..t:Y-,
D•Dlc1111d
FD•Flllnga..
Tennlnllllan
T:11
11TLE c:a.ERALDEICRIP'IION RETENTION

May i'lclude-. -,ance fonnl.PERSann:iln8nt ft:lm1st O+SYRS
.
Aclhl8Rliltir• IIIIUWICe
FIia benllitenralmantbml, uralnlunn::efanna, LTD,c
FIii mayInclude:Arbfl11illlan.
grlava1011,
111lan
lllqLIIIII,
AmnlrdlllrillM!
Flis wlll laJ.!1.111nt a CMIRlghll.camplafnla,dllcfpliay T+6YRS
~ cllna, ale:
IICllanl.
BenaltPlan hlbv1111161• pBII anddacummll
111111811:a CL+3VRS
BlnafitRIAWll'Mlkal PayrollnllllllnvalmetJrlllllllllballlllll CL+2YRS.
Clvl Slrvlce Ban

Ille. CMISll¥fl:lemaalngaendhearinglnbm1don CU+7YRS
(rnlrull. ....... lie.)
-
llalDrwlllclapulraalml.DIIV lllllll, medlcalaani•
DOTFla cal.II t a,DIIVmadlcllraport..... CV0 ... l1lp0l't. T+6YRS
en.,_ Bllnalll Fie Illy lnclldlt PERB•mll1mntlnnl. blnalla1c:Ar•Jt

bml, Lla--tarms. LTD. 91c.
T+5YRS
Fllll rillJ lncbllt: R I a IUllutaAw-. ••••-.

n b.■t••aullldl•....,.1B11.w,11aldlllana.
T+5YRS
Enr · ·• Palcl■NII FIiis
,-bnam.......aana. ...,_
ldll-1111 ■1 CllldlL
IN!dta,._
rllidiA•t ..... IIIHlilllllanl.01111dOIIDI.
Farmf.8 EnpaJffllrltElgl-,Vtdllcalion T+3YRS
Neg,.....
....., w, ... ldlnca.cr,pa.rAmncll Inf CL+5VRS
lllmanlncl.nlS d Aglaan111118
ApJ)ialiNII(nattirad),l'8IIIW.. :alafflllBldllWlaga. indices,
Recrulmant
elhnlcllycllclr:ana,........., maar'als. aanlndan CL+ 3VRS
anawar atlBelB,Jabbulleths, ellgllllly, eladranir-dala.,,.a,
CDhee,:,ondlnce
RFP'slCantracWAgr&emantB
Healltmnt canutanls, tamporary aganclas,fflldiQalfirms, CL+ 5YRS
vendcn,atc.
Sa1BNewHireRapmts Payrollr,aMlaledrepar1Ifor Slala of callbmladata fD+2YR
1i - Filas .a - .. raa.rnas,wnrk _ ...,_ ... naticaa.ate. T+ 3YRS
*
111' .... ,
Temp01ayRacrulment Applicalb'II,resumes,wart permitB, far appllcanlBnot CL+ 2YRS

: -· Clnaclival hirad
Unemployment Claims EDDclafms.ADJIIB.UInotices. ale. FD+ 3YRS
dillpu1ewitha tBrminatBd
NOTE:If the City is involvedin an employment-related employee that has not yet beel1 raconcled.
Documentsmuatbe retained relating1Dthe employeeuntilreconc:Diation or a ratsntlon period has mcplrad,
whichever Is latsr.
~ ~M~--9
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EXHIBIT"~ORIGINAL
" s
COB000033 352
Bakersfield Police Department Records Retention Schedule '
Thisdocumentservesas a guide illustrating the time period documentsmust be retained before they
canbe destroyed. Alloriginal recordsmay be destroyedtwo yearsafter their creationwith the approval
of the city counciland written consentof the city attorney. Althoughnot specificallymentioned in the
retention schedule,drafts and copiescan be destroyedat anvtime without approval.
DERNfTIONS
R«ord: any informationkept held, filed, produced by, with the Cityof Bakersfieldor SakersjieldPa/iceDepartment,in any
physical form whatsoewr including,but not limited to, reports,stoterMnt.s, examinations, memoranda, opinions,folders,
/lies.books, manuals,pamphlets,forms, papers, designs, drowitJgs,mops. photos, lffters, microfilms.computer tapes or
discs, rules,rqulotians or c~s.
Closed:an investigationthatis closedpendingfu~r leads.
The recordsare categorizedIn the following table are kept by the BakersfieldPoliceDepartment. If the
record doesnot fit within the specifiedtopicS,pleasecontact the policerecordsmanageror city
attorney for guidance.
RecordSeries Description Retention
Adtrn nistrative
ACCOUNTING/FINANCE Purchaseauthorization Creation+ 2
Activity reports by division, council refemls,
ADMINREPORTS/REQUESTScitizens requestsfor patrol presence, Creation +2
researchproject files
INTERNAL
AFFAIRS Complaintfiles 5
Grievancefiles Closed+2
MANUALS Generalorders, policies,procedures Permanent
PERSONNEL Department roster, schedules,timekeeping Superseded+2
Personnelflies (sworn) Permanent

Termination of
Personnelfiles (civilian)
employment +7
Background(non-hired) Closed+2
Termination of
Volunteers
employment +2
PRESSRELEASES Creation +2
Crime Prevention,speakerrequests,event
PROGRAMS/EVENTS Creation +2
files, brochures
TRAINING Bulletins Permanent
Lessonplans Closed +15

Termination of
Officer training record
employment +7
COB000034 353
e Bakersfield Police Department Records Retention Schedule
RecordSeries Description
e
Retention
Rangeschedules,rosters, coursematerials Creation+2
General
RECORDS
ALARM Creation+2
CHEMICAL
EMISSIONS Creation+2
Inventory, equipment list with assignment,
EQUIPMENT
RECORDS Superseded+2
rangeinventory records,vehicleassignment,
Radarcalibration Life of radar +2
Weaponsdatabase Permanent
LOGS Arrest resume Creation +2
Juveniledetention processingper CYNCDC.R Creation +2
Property Room Creation +2
PAWNRECORDS
(Slips) Creation+3
Concealedweapon,bicycle,bingo,massage,
& LICENSES
PERMITS cabaret,specialevent, pawnbroker,alcohol Creation+2
PCN
DESTRUCTION
PROPERTY Guns,narcotics Permanent
RECORDINGS Telephoneand radio communications Creation+180 Days

same retention as
Bodywom cameravideo associatedreport and
no lessthan 60 days
ORDERS
RESTRAINING Active
STATISTICAL
REPORTS Creation+2
SUBPOENA
FILES Creation+2
Responses,correspondencewith other
SURVEYS Creation+2
agencies
CHECKPOINT Documentationfrom checkpoints Creation+4
Investigations
ASSETFORFEITURE Investigationcasefile,notifications Closed+2
EVIDENCE Included but not limited to: photos, Sameretention as

audio/video recordings associatedreport
INVESTIGATOR'S
FILE Detective casebooks Same retention as
associatedre~rt
FINGERPRINTS Personssuspectedof a crime, taken for Sameretention as
comparison- no arrest associatedreport
latent prints Sameretention as
associatedreport
<oMS-,9
J
::,...
,_
~_.
(Tl
-------------~- Page 2 July10, 2018/G Drive: RecordsSupervisor -e..) r-
D
COB000035 354
ORIGINAL
e Bakersfield Police Department Records Retention Schedule
RecordSeries Description
e
Retention
INFORMANT FILES Tennination+10
WARRANTS Felony 10
WARRANTS Murder/Escape Permanent
WARRANTS Misdemeanor 5
Reports
CRIME FeJony- General Closed+6
Felony· Childabuse(unsubstantiated) Closed+10

Felony- Homicide,assaulton peaceofficer,
Permanent
child abuse(substantiated)
Misdemeanor/Infraction aosed+2
OFFICER
INVOLVED
SHOOTING Fatal Permanent
Non-fatal Oosed+25
Until cleared,recovered,
INCIDENTS
or closed+2
TRAFFIC Injury accidents aosed+10
Fatalaccidents Pennanent
Non-injuryaccidents Closed+2
Arrest/Citation Records
FieldArrest DataSheets 2
Citations- Misdemeanor 2
Citations- Infractions 90days
SealedArrests 3
Page3 July10, 2018/G Drive:RecordsSupervisor

COB000036 355
•
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EXHIBIT''r\ l.)
ORIGINAL
0
COB000037 356
Department-Wide
DlvlllonFunctions ID# Document& Description RetentionPeriod
-·~·-~~ ·- - 1<ecoros IncIuoe, ou, are not 1Im1tec:1

to: 1ncIaent reports,
reimbursement claims, photos. equipment usage reports, damage assessments. staff
Disaster Preparedness D-l deployment. FEMA documents 5Years
ACCOUNTING - Records include, but ore not limited to: fund and trust reconclliatlons.
revenue and expenditure analyses. receipt/deposit books, Dolly Report of Monies Collected.
accounts receivable/bflllng, fee calculatlon worksheets. fee schedules, vendor
payments/invoices Oncluding but not limited to. claim vouchers, requisitions, purchase
Financial, Budget. Grants D-2 orders, expense vouchers. petty cash vouchers} 2 Years
BUDGETPREPARATION - Materials created and used by Departments when developing

budget requests, including but not limited to: proposal narratives, memoranda, estimates,
Financial. Budget. Grants D-3 spreadsheets, notes, calculations, fees, rate models, drafts, salary projections, budget reports 2 Years
.........
.......
,,. .
__ 11 ··----• l'-•r.1 flL5 ~ l"errarns oniy ro 1..,;11"
flies maIntainea by the
Administration Division. Ries Include, but are not llmfted to: vendor payment requests,
COB000038
documentafion for vendor payments. copies of NOCs, copies of contracts, accounting

Financial. Budget. Grants D-4 records 10 Years
w- ., .
1- , __ W -- 1 ■ r-..----
"''~'"'".-"'•'".- rv11 DVtn __ -·- ~:. ···-
ADMINISTRATION flUNDEDPROJIECTS AND THEIAK!RSfll!LD MUNICIPALAIRPORT-Flies include,
but are not limited to: correspondence and documentation lo/from governing agencies,
DBEcalculations for contract goals specific to a project. DBE Bidders List information and
Financial. Budget. Grants D-5 backup, documentation of Outreach efforts lOYears
Rnancial. Budget. Grants D-6 GRANTAPPLICATIONS,UNSUCCESSFUL

-Appllcctions for grants Which were unsuccessful 2 Years
GRANTPROJECTADMINISTRATIONRECORDS,SUCCl!SSFUL - Records documenting the Final activity + 5 years or

administration of grant funded proJects or programs. Including but not limited to: granting agency's retention
applications. agreements, plans. correspondence, reports, memoranda. project budgets, requirement. whichever is
Financial. Budget, Grants D-7 accounting records longer.
General D-8 CITIZENINQUIRIES/COMPLAINTS, WORKORDERS(INCLUDING MAINfflAR). RESPONSE RECORDS2Years

COUNCIL REFERRALS - Copies of referrals from City Council memben seeking information on
General D-9 various topics routed through and coordinated by the City Manager's Office 2 Years
DlPAIUNltNIwuu. PLANS- i<ecoras 1nc1uae cut are not 11m1tect to: annual ana otner routine
0-10 plans used to guide departmental wortc.and staffing assignments 2 Years
General
o::D CITYo~
- <9
-
G) ':P
;,,;:
~ ~
357
' 013,;<:i
Department-Wide
DivisionFuncHons 1D# Document& D91Crlptlon RetentionPeriod
.
CORRESPONDENCE - Communications ( lncluding attachments) excluding documents that
ore covered under other records series,to and from lndlvlduals and organizations both within
General D-11 and outside City government 2 Years
General D-12 2 Years
General D-l3 retention categories 2 Years (or longer as needed)
POLICIES AND PROCEDURES - Departmental pollcles, procedures. general orders. standards,

guidelines. forms, safety rules & regulations. best pmctlces. These do not Include Councll
policies, Citywide administrative policies, or any policies and/or procedures needed to
General D-l4 document compliance wUh federal or state statutes. regulations or guidelines Until superseded+ 2 Years
enera - va e co er rece1 5 ears
COB000039
PROJECTS/ISSUES - Records pertaining to specific projects or issues.Including. but not limited

General D-16 to: correspondence. memos, reports, plans. notes, worksheets, and reference materials 5Years
- op es o correspo ence.
General D-17 within and outside City government 2Yea~
General D-18 Permanent
General D-19 quarrlications. 10 Years

acor
General D-20
enera
STUDIES/REPORTS, ROUTINE - All studies and reports erected and/or commissioned by the
General D-22 Deportment- excluding any such documents covered by other records 5chedule
om cone us1ono
Personnel D-23 EMPLOYEE
ACCIDENT/INDUSTRIAL
INJURYll!POR1S
F001WEARltEIMBURSEMENT
REQUESTS
- Duplicate of form submitted to RiskManagement 1 Year
Personnel D-26
PAYROLL RECORDS - Includes. but Is not limited to: employee time cards, employee time
D-27 sheets. employee time clock cards, hours proof report. payroll hourly report sig,o1ure page 10 Years
Personnel
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DivisionFunctions ID# Document 1, D•crlptlon RetentionPeriod
Personnel D-28 8 Years from Termination date
Personnel D-29 3 Yea13from Termination Date
New Item D-30 Permanent

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Construction/Surveying
Document
DMslon Functions Document I. D•ertptlon RetentionPeriod
CAPITALIMPROVEMENTPROJECTFILl!S- All correspondence. memos. permits. survey notes,

photos, videos, progress reports. schedules, materials submittals. certificates of compliance.
inspection records. cost analysis, certified payrolls. labor and equipment reports. quantify
calculations, payment calculations. progress payments. change orders. or any other
Capital Improvements C-1 documents related to the construction of the project not mentioned above Permanent
Surveys C·2 11uicvn flELt>DUUl\li - Kecoras ana notes at all survey wane perrormea Peimanem
10 Years arrer CJIIWOl1{ IS
Permits C-3 USEPERMITS•Woricdone by/for private property owners
STREET complete & accepted
Permits C-4 STREB'USEPERMITS - Work done by/for Public Utlntles Permanent

TRACT,PARCELMAP. AND PERMITCONSTRUCTIONflll!S- All plans. correspondence. 10 Years after the recording
inspection diaries, inspection records. soils reports, son compaction reports, records of of the NOC (or signed
Private Development C-5 materials used. certificates of compliance, and any other documenfs not listed above acceptance for permits}
COB000041
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Design Engineering& TRIP
Document
DlvlstonFundrons Document &.Description RetenflonPeriod
CAPITALIMPROVEMENTS • PROJECTDIS1GN FILESFORMAJOR CONSTRUCDONPROJECTS -

STREETS,BUILDINGS,SEWERS, IRRIGATION,STORMDIIAINS- Documents fhat support process
and progress of project to completion: colculotlons. drawings. designs. schedules. CEQA
Capitol Improvements DT-1 documents, permits, reports. solls reports, bidders lists, specifications, plans, work orders Pennanent
,_
Capital Improvements OT-2 ·------ - v1aeo tapes, pnoros Permanent
COB000042
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Docume'
DivisionFunctions Document & Detcrlpllan llelenllonPerfod
Budgeting F-1 2Years

Equioment F-2 1ca11ons UnHISuperseded
IEquipment F-3 Effective warranty period
Equipment Maintenance F-4 rseded

F-5
Eauloment Maintenance it6 2Years
Equioment Maintenance F-7 2YeOJ3

Equipment Maintenance F-8 TTear
Equipment Maintenance F-9 Ufe of Eaulpment
IEquipment Malntenance F-10 1 Year

COB000043
Equipment Maintenance F-\ I Superseded every FY
Eg_uipment Maintenance lF-12 2Yean

Equipment Maintenance IF-13
Equipment Mamtenonce F-14
Equipment Maintenance F-15
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iocumen
Division Functions Document & Description Retention Period
Financial, Budget, Grants G-1 Permanent

Graffiti G-2 2Years
Graffiti and Signs G-3 5Years

Operations G-4 Permanent
Operations G-5 Permanent
Operations G-6 2Years

ire
COB000044
Operations G-7 6 Years
OJ:>.erations G-8 MAINTENANCE- Signs & Markings Installation Cards. Pavement mandng maintenance records !Permanent
TRAFFIC
SIGNALSL HVACREPORTS
- Break.down of Repair Ce>it tor RiskMgmt., EPA Refrigerant
Actlvi1y Reports, Hazardous waste Removal (EPA) Reports, Traffic Slgnal Maintenance
Records, Conflict Monitor Test Reports (Proves required testing was done), After Hours Call Out
Records for HVAC, Electrlcal & Traffic Signal, Water Treatment Test Reportsfor Cooffng Towers.
Gen. Serv. Emerg. Generators (SJVPD).Signs and Striping Maintenance Records, Signs Traffic
O~erations G-9 Maintenance Dolly Lo~s. Traffic Engtneering Work Request,Job Work. Request IS Years
- uraffltl Removal; street ugnts: Signs; Mar1Clng& Striping:
OJ:>.erations G-10 Work Orders issued via website 12Years
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Docume
DivisionFunclfon1 Doc:ument&.Detcrfpllon RelenllonPeriod
Flnancial S-l
Finandol S-2
Financial S-3
Financial S-4
General
S-5
S-6
l"llb
OPIUfli
servicerecords 2Years
!General S-7 5Yeors
General S-8
COB000045
General S-9 2Yeors
General S-10
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Document
DlvlsronFunctions Document I. Descrtptlon RetenHonPeriod
0e_erofions ST-1 2Yeors

Operations St-2 5Years
0i:,erat1ons m 2Yeoo
0e_erations Sl-4 2 Years
Operations ST-5 PRE-TRIP

INSPECTION
IOOKS - Dally inspection done by Commerclal drivers required by law 12Years
0e_erofions m Years
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Subdivisions
Doc:ument
Dl'llslonFunc:llons 10•
Documentl Descr1pllon RetentionPeriod
MASTER PLANSANDSTUDIES-Maps, Plans, calculofions, details, reports, including Planned

Master Plans and Studies SD-I Drainage Areas. Planned Sewer Areas, and Bddge arid Major Thoroughfare Areas Pemianent
Permils SD-2 IRIIMITS - Encroachmenl IPemianenr
Permils SD-3 PERMITS

- Transportation {Over.;ized Transportation Permits) 2 Year5 from dale of l$Suance
2 Year.; from date ot
Privale Development SD-4 ANNEXATION flLES- Copies of legals, check pnnts, cooespondence, not1ce1 Certificate of Complance
SD-5 ·-- ru1<ru1u11i:USf
125 years rrcm a1Smc1
Private Development SD-6 · Asse,sment Districts,Community Rnoncing Districts
DISTitlCTS lormalion
l Yearalterscannlnglnto
Private Development S0-7 • Maintenance Dls!ricls: Correspondence
DISTRICTS Laserfiche
12Year, irom aa1e or
Private Development SD-10 MINOI LANDDIVISIONS - Coples OI legalS. chedc prints, correspondence Certificate of Compliance
Private Develocment SD-11 ''"""""'
IANP -•. •••-•• • Ong1nal uenIncale 01 <..:ompfance Permanenr
2 Year, Trornc;ernncare or
Private Development SD-12 PARCEL MM WAIVW - Coples of legals, check prlnlS, correspondence Compliance
Private Development SD-13 rAK<.;EL ..,..., nA1vm;:, • onglnal cenmcate or compliance Permanem
Private Development SD-14 ~111; l"l,AN !<I.VII.ff ri;i; ,._,. ~ Tears
'2 Years rrom dale ot Hnal

Plfvate Development SD-15 STREETVACATIONFILES - Copies of legals, check: pnnls, correspondence Resoluflon
COB000047
TRACT Fil.ES,l'AIICEL
MAP FILES. ADD~ FllES.GIIADINGPLANS- Ollglnal signed
lmprovement plans, original As-Bullt Improvement plans, Technlcal Reports. Including Wall
Calculations. Sewer Study, Drainage Study, Blfdge Calculatlons, R-Values. Salls Reports and
Private Development SD-16 Pavement Cclculatlons Permanent
TIIACT JILES,PARCEL MAPFILES, ADDRESSFIi.iS,GRADINGPLANS- Pictures, Plannlng

Commisslon Steff Report and Resolution, Approved Original Grading Plan, Englnee(s
fSlimotes, Tentative Map with Traffic comments. aU c01Tespondence, lndudlng handwritten
documents. transmittals, letters. memos, copies of receipts, !Ille reports, title guarantees.
copies of recorded documents. umecoided draft copies ol documents, Certificates of 10 Yeorsfromend ol tract.
Private Development SD-17 Compliance, any other document nol llsled above. parcel map or project life
SEWEiiSTUDIES ANO DRAINAGE - All sewer or drainage studies prepared In associanon
STUDIES
with any public Improvement, including calculations and specifications IO! sewer or stom,
Public lmprovemenl SD-18 drain lift stations or pump stations Permanent
Note: Street permits con be found under the Constructlon - Surveying lab,
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Document Document & DescrfpHon
DivisionFunctions RetentionPeriod
General T~l
General T-2
Public lme_rovement T-3

Sig_nals 1-4
T-5
Traffic·
sote!Y. f-6
Traffic Safety T-7
Traffic Safety T-8
Traffic Safety T-9

Traffic Studies T-10
Traffic Studies T-11
COB000048
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Documel"lf
Division Functlon1 Document & Detc:dpllon btenflon Period
FACILITIES PERMIT- Wastewafer disposal, waste disposal, well. water use. envlronmentol and
other permits and approvals concerning the operation ofwastewatel" treatment faclllHes as
required by law or regvlotian. Includes reports, correspondence, and other documentation
Engineering W-1 bearing directly upon the appllcatlon Issuance or renewal of the permit er approval Tenn of Pemtit + 5 Years
11:11 1.1A1A - ~esuI1sor monncnng and testing ot grouncrwoter
Engineering W-2 qua&ty 5YeOll

1""'r~ """.., rLAiu - Maps. pIans. an<;1as-ount ot water and sewer lines, valve ana meter
Engineering
Engineering
W-3
W-4
~-
locaflons. and other aspects of wastewater systems
uas::11
bllllng. and correspondence
___ ..._, 11lt - Inctudes meenng agenda, meeting m111ures.
Permanent
Permanent
WA.STEWA.TEI PLANNING STUDES ANDIEPOltTS - Reports. studies, analyses, projections. and
similar records concerning long-range wastewater plonnlng, projected needs, feaslblllty
Engineering W-5 studies. contingency plans. meteorologlcal projections. etc. Permanent
Engineering W-6
- u,u,i:u - Document appllcatlon ror and approval of permns
allowing land application of wastewater Permanent
•n•rc:,.. nvn l'INI.I ..- - - lll!rQllll - Repcrts, correspcnaence, and slmllar recurus reI011ng
COB000049
to actions token by City to correct vlolatlons of federal, state or local wastewater

Plant Operations W-7 regulations. lows or ordinances 5Yeors
INTERNAL 1.AIORAtORY REPORTS - LabORltory reporb and related materfals concerning water
quality, sludge dewatering, core 5ampllng, laboratory testing. chemtcal reCOfds.equipment 5 Years - Dalo useful for
coNtxotlon records and other cspE:tctsof wastewater operatl ON other than Chemlcal and longer teim studies may be
Plant Operations W-8 Bacteriologlcal Analyses. retained longer as needed.
LAD l'll'IAl.tlll.- - Oubide lab anolysls repons ot cnemIcaI ano oac1enoIog1caI
Plant operations W-9 analyses of wastewater systems 5Years
--· - l'\11 I I,_,.,.,.,_,.,.,...,_...,_,, '""
renewal of laboratory certification under the Calltomla State Environmental Laboratory
un 'Iii IIJ .. "'"""""""" n~, I 0'-'1 UI '"'
Term of current certification+
Plant Operations W-10 Accreditation Program 5y&cl!
MAINTENANCE ANDTEfflNGLOGS/Rl!POIITS - Logs. log sheets. reports, or similar records of
meter installation. inspections. testing. maintenance. and repairs to pvmps. mains, filters,
Plant Operations W-11 conduits. turbines, pipes, and other equipment machinery and systems Life of equipment
W-12 ru ruK J'U1Ul'II: u•i::
A. DoUyRepom - 3 years
WASTEWATER
OPERATION
REPORTS-
logs, log sheets, or reports documenting the operations B.Monthly/ Quarterly• 5 Years
Plant Operations W-13 of supply. collection, wastewater treatment, and blosolld$ appllcotlon C. Annual 11:aporls
- Permanent
INDU$1RIA.L PREl'IEATMENI' l'EltMITS- Permits issued by the City to private Industries allowing Permits and modlflcaflons -
discharge of specific pollvtanfs. Includes appllcatlons, permtts.modifications and related Permanent.All other rea,rds
supporting documentation such as Influent and effluent limits, chemical analysis data, water refoln ~ years 1:1ftar
axplratlOf'I or
flow. test and recording requirements, compliance schedules and related data reYOcanon of permit
Pretreatment W-14
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Document
DivisionFunctions Document&.Detcdptlon RetentionPeliod
Ute of inspected enlfty + 5

Pretreatment W-15 years
Pretreatment W-16 violations 5Yeors

PRETREATMENT SOURCECONTROLPROGRAMRl!COIIOS• Records documenting monitoring,
inspections and other activities relallng to the enforcement of wostewafer rules and
regulations for Industrial and commercial usersIncluding, but not limlted to, permitting Life of inspected entity + 5
Pretreatment W-17 documenl$, Inspection reports, correspondence, sampllng. audits, and logs years
- C ess e u ng ansor oumen
Pretreatment W-18 that has a grease device not up to current plumblng code
- ocumen cu e carespon nee,
Incomplete septoge hauler appllcallons, septoge hauler appllcatlons not approved for
Revenue W-19 discharge 2Years
SEPTAGE HAULER MANIFESTS-Records regarding the dumping of septic and other wastes
from various sources at City wastewater treatment faclllfles. Includes name and signature ot
Revenue W-20 hauler. quantity of waste dumped, and location at which waste originated CY+2Years
COB000050
- ep ge au er opp co ens, annua supp amen ears a er exp 1onor

Revenue W-21 correspondence, and notes revocation of permit
Revenue W-22 Superseded + 2 years
Reverrue W-23 Permanent

- epage u er. sewer sure en,
notice of vlolation fees. excess capacity fees, addlllonal capaclfy fees. lndustrlal waste
discharge monitoring fees, connection fee for major lndustr1aldischarger and cost recovery
billing records lncludlng system reports, file maintenance records. water consumption
Revenue W-2-4 records, and special assessmentreports 2YeofS
Revenue W-25 WASTEWATER RATESETTINGDOCUMl!NTS- Records relating to setting sewer user rates Superseded + 4 Years
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IICIIA1IONANDPARISDEPAIIMNl!lllffl0N SCHEDULE
0 I. mAIIJWQf2JYWS
.. ' '
I
1. AccidentReports(property,equipment damcrge, industrial,fht aid,

and stolen popertyJ
2. AccountsPayat,e vouchers, wcrbheels,and conespordng reports
· p.e;uflty and water blsJ
3. AccrualReports
◄. BudgetWorbheefs • t•
5. CP MonthlyTlacldrag Schedules .
6. Clockand line CmdEstaff Slgn-irlSheets
7. Coltaspondance (memosJleftas)(n:orringand outgoing)
8. Donation Requestsand Carespondence .
9. Faclly R8BYallans and SUppQ1i1yDocuments
10.· Farnerf':rnptJ;ae fies
11. PoolClauas
12. · Receipt Boob
13. · Report of MoniesColac1ad
1-4. Revanue anm,!ls
15. Slgnahn Sheetsfar Pava,ect Pickup
16. Tanpaav Emplc,/aaFies
.Q
.. 17. Reconclalfonstata.nanls
18. AflarSchoolPr\Vctti Raglslialioo Pac:kefs
19. DayComJ,Redd1alonPacfc8fs
20. Meclcal Fams signedby Doctorfor Palldpcw1lsin After SchoOIor
·Day Comp Progiurns
21. ClassReglshafkMsand Wcivers,and RentalRecefpts
22. AEDMon1hlylnspactlon Log
23. DdJUvescanResufts
JUIIS
DL llrAINRVECSJ
1. ChemicalUsage, LoqJfion Reports;Chlorineand Oxygen Logs
2. Mon1hfyPesticideUseReport(forKemCounty AgricuHuralCommlssio".')
C:
3. Stateand Federal Grants,Bonds,and Agreements
-4. SafetyTrairingFiles(sign-,insheets)
5. Slidelnspecffons/Staffllispecfion Forms(Parks)
6. Participants- Incidentsand Accident Reports/Aquatic and water Re$Cue
Reports
7. AEDDailyChecklist
8. SafetyTrainingFiJes(sig~n sheafs,iMet'Viceagendas}
9. SDdeinspection(AquaffcsJ
10. Daly Slideinspection(Aquatics) J ~1'1Ct11<!:
;,.... .
EXHIBIT'3[-,-.,.,1';.
11
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COB000052 371
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IY. EMI INDJFINPI.Y

. ...
0 1. SafetyData Sheets
' \ \
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Al recads, documen1s.ilslnJmants,books and papers not mentionedin sectionSII

through IV shal be ratalned a rnlninum of two (2Jyears.
Duplcatas of al l'8porfs may be destroyed at any flme when-~ duplcates en no

longer needed.
,t .. , ••
Any of the above may be ralaned ror a longer perfod ff ch:umstancessowmrant •
• • • i ••
' .
COB000053 372
•
RISKIIIANAGEIIENT
RE1ENTION
SCHEDULE
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1.
. 2.
3.
4.
I. RUMt FIVE(I) YEARI:
1.
C.
IL IETMIIIIILCAII!■ Cl 01PDPUii FIVECl)YIARI:

1. , ...,Clllllml
(Paid1111 Dlnlld}
2. MglMllllt Rlpixll (inDkldllfednl OSHA1bnnl, I.ml-RIii
HIik 211
Al._. llildAallldll Slld•J
IV. IETMtUN1I. CME■ QLOIED PUil lEVEN.(7)YEM8:

1. ........ AcmlalltlrMlltlgalon ._.... IncidentRepor'9(lld..._ Fll9iAld
t8pOIII) .
2. Pn,pedyDamageCiani
V. RETAIN
UNTILIBdlMTION OF EIIIPLOYEE
ITA1UI PLUSSl!VEN(7)
YEARS: c:
Einpt¥1elnfonnallon:
1. Ilsai.g EXll'na
EXHIBIT":J
COB000054 373
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0 V. RETAININDEFINITELY:
\
1. IIIIURlhC&
2. ACCEL JointPowemAQraarnena&
3. --- Cerllcllal (Liabllly~• Compenlalfon)
4. Wodaa~ FIias,lncld1g medical only,indalMfty and
•1ec:1c1una
5. DllabitrRetfrlmantFilea : .. .
- M nlCXlldl. and p1p1119not manllonatf
docunanll,inldrurnlnfl,boOlcB
Secficl• rlhn>ughv lhall be ,ebinad a mlrmurnar~twa(2) ,-n.
In
- °'4'bla8maybedlllloyed atanytma.
-
---
Any~Iha - maybe J8lalnedfor a longerpe,tod
If dl'Cl.l'nltlncl8-
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COB000055 374
. .
() WATER DEPAITM!NI
RESOURCES HIINIION SCHIDIII!
lhls docUment saves as a gLtit lustraflng fhe ·tine period documants'musf be l8falnedbefore
they
rm be desho,ed. Al odglnci Rl00l'dsmay be ~ 1\ffO YliGIIaflar ttm aaaffan wf1hfhe
approwal of the aty Councl and wrfllm, C0nl8Jd of the Cly AftarN9y. Although not spedflcaly
mentioned In the 19lenffonschlcUe. aaffs <Sid c:op1asr.anbe destroyedat an, ftne without
appmvaL and any document marbe nddll8d fer a longerperfod If~ so~-
,. mn,n·
IEIMIDYQ . .
'
1. GenaalConspondence
fln(:ludesi'11a.Jepailni&11tal~ms)
2. ~ W01b1J
eelsand Corraspord,gReporlsmd memos
3. AccountsPayableVouchers·
4. Ccudlafarms
5. GrantApplcalons
8. linecads
t WortOrdars 't
8. KemRlvarOpaQlloos
Daly FlowSheets
9. ~DehayCards
0 1. lll'All·fflfl? ren
1. Repads of ManiasColl?cfad
2. &aow fies
3. WaterRalls cot Fees .
4. Monlhly,Qucrterlyand Olher Bllngs
5. VestilgTenfatJYe
TractMaps
8. VesthgP<lcelTractMaps
a UN111.comroo,
UTAII • 11 BYCCllYPR·
1. Giant Prqed Admhis1raflon
Records{unlessgrant raqui85 longer)
(:
IV. IBMIIINQLCOIIMIPNJ'l,US&(JOJYWS;
1. ConstruclionFiles
v. HrAININQERNDl,Y;
1. Capltal Improvement
ProjectRies
_) 2. Al WaterPlans
3. WaterStudfes ~ri.><s-9
C'c. u'
4. WaterMainDocuments
5. KemRiverDispotcherts
Records EXHIBIT" k E
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COB000056
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COB000057 376
ORIGINAL
'
CITYATTORNEY
VIRGINIAGENNARO
c1
1600TRUXTUNAVENT,JE
DEPUTYCITY ATTORNEY FOURTHFLOOR
JoshuaH. Rudnick BAKERSFIELD,CA 93301
AndrewHeglund
RichardIger TELEPHONE:661-326-3721
..E.ACSIMILE:Ji6b852,,.2020
ASSOCIATECITYATTORNEY
ViridianaGallardo-King
OFFICE OF THE CITYATTORNEY
July 28, 2017

Karl Olson, Esq.
CANNATA, O'TOOLE,FICKES& ALMAZAN LLP
100 Pine Street, Suite 350
San Francisco, CA 94111
Re: Cure and Correct Demand re PACE Program Vote
Dear Mr. Olson:
This letter is in response to your correspondence of July 25, 2017 wherein
you "demand Bakersfield City Councilmembers cure and correct" an alleged
violation of the Brown Act involving their termination of the PACE program in the
The premise of such allegation is apparently based on a quote from Kim
Schaefer which you re-stated in your letter. Notwithstanding the veracity of the
statement, I would note that there is nothing in the quote itself which indicates a
violation of the Brown Act. A legislative member has the right, arguably a duty,
to meet with his/her constituents in order to become informed about concerns
and upcoming local issues.
The allegation that the PACE topic was not appropriately agendized is
also without merit. Government Code § 54954.2 and the cases interpreting
such section make it clear that a general description of agenda items generally
need not exceed 20 words. The PACE agenda item was clearly identified and
indicated it was a hearing to consider the termination of such programs.
Therefore, there is no need for the City of Bakersfield to cure and correct a
violation of the Brown Act since no such viol ·on ccurred.
VG:lsc
cc: Honorable Mayor and City Councilmembers
Chris Gerry, Acting City Clerk
S:\COUNCIL \letters\ 17-18\0lson.PACEvote.docxp

COB000058 377
Cl
Karl Olson
kolson@cofalaw.com
.::n
July 25, 2017 '.)>
.-~'
Via Email and U.S. Mail
Bakersfield City Council
1600 Truxtun Avenue
Bakersfield, CA 93301
AdmAtt@Bakersfieldcity.us
City Council@bakersfieldcity.us
0
,a
co
Re: Cure and Correct Demand re PACE program vuie '
To whom it may concern:
I am writing on behalf of my client Checks and Balances Project to demand that the
Bakersfield City Council cure and correct a violation of the Ralph M. Brown Act in connection
with its July 19, 2017, vote to terminate the CaliforniaFIRST, E3, Figtree, HERO, and Ygrene
Property Assessed Clean Energy (PACE) programs in the City of Bakersfield.
This letter calls your attention to a potentially substantial violation of the Ralph M.
Brown Act, which may jeopardize the. finality of the vote takenAiy·the Bakersfield City Council
to terminate the PACE program in Bakersfield.
The nature of the violation is as follows: During its hearing on July 19, 2017, the City
Council rescinded the PACE program in Bakersfield.
The action taken is not in compliance with the Brown Act because it is the culmination of
discussions in closed sessions or serial meetings of a matter that the Act does not permit to be
discussed in a closed session or serial meeting. Specifically, representatives of the Bakersfield
Association of Realtors met with Bakersfield elected officials in private, without public notice, to
secure their votes for the action described above.
The evidence for this is found in the Bakersfield Association of Realtors' grant
application to the National Association of Realtors asking for $25,000 for campaign titled
"Remove PACE." According to the author of the grant, Kim Schaefer, Government Affairs
Director for the Bakersfield Association of Realtors:
"We have held preliminary meetings with local elected officials that are willing to
lead the charge on a moratorium of local PACE financing and commit the necessary
votes, but are asking for political cover via grassroots mobilization, media and
arguments."
San Francisco Office: 100 Pine Street, Suite 350 San Francisco, California 94111 Phone: 415.409.8900
Walnut Creek Office: 2033 North Main Street, Suite 360 Walnut Creek, California 94596 Phone: 925. 932.7171
COB000059
www. cofalaw.com 378
)
/
July 25, 2017
LJ:e J 2
Pa ~-
Ms. Schaefer does not deny meeting with councilmembers. And, we believe, more
evidence of this Brown Act violation will be borne out once we receive records responsive to our
July 17 records request.
If it appears the conduct of the Bakersfield City Councilmembers specified herein did not
amount to the taking of action, I direct your attention to Section 54952.6, which defines "action
taken" for the purposes of the Act expansively, i.e. as "a collective decision made by a majority
of the members of a legislative body, a collective commitment or promise by a majority of the
members of a legislative body to make a positive or negative decision, or an actual vote by a
majority of the members of a legislative body when sitting as a body or entity, upon a motion,
proposal, resolution, order or ordinance."
The Brown Act creates specific agenda obligations for notifying the public with a "brief
description" of each item to be discussed or acted upon, and creates a legal remedy for illegally
taken actions - specifically, the judicial invalidation of them upon proper findings of fact and
conclusions of law.
Pursuant to that provision (Government Code Section 54960.1 ), I demand Bakersfield

City Councilmembers cure and correct the illegal action as follows: The City Council will
formally and explicitly withdraw from any commitment made, as well as disclose why individual
councilmembers voted to terminate the PACE program in the City of Bakersfield. In addition, I
seek the opportunity for informed comment by members of the public at the same meeting,
notice of which is to be properly included on the posted agenda.
As provided by Section 54960.1, you have 30 days from the receipt of this demand to
either cure or correct the challenged action or inform me of your decision not to do so.
If you fail to cure or correct as demanded, such inaction may leave me no recourse but to
seek a judicial invalidation of the challenged action pursuant to Section 54960 .1, in which case I
would also ask the court to order the City Council and the City of Bakersfield to pay our court
costs and reasonable attorney fees in this matter, pursuant to Section 54960.5.
Very truly yours,
CANNATA, O'TOOLE, FICKES & ALMAZAN LLP
~""1Q_~
KARL OLSON
KO:hs
cc: Evlondo Cooper, Checks and Balances Project (via email only)
COB000060 379
CITYATTORNEY
VIRGINIAGENNARO
1600TRUXTUNAVENUE
DEPUTYCITY ATIORNEY FOURTHFLOOR
Joshua H. Rudnick BAKERSFIELD,CA 93301
AndrewHeglund
Richard Iger TELEPHONE:661-326-3721
FACSIMILE:661-852-2020
October 16, 2017
Mr. Terry Francke

CALIFORNIANSAWARE
2218 Homewood Way
Dear Mr. Francke:

received by the City of Bakersfield on October l 0, 2017. Responsive documents
are attached.
Very truly yours,
ddMe0 ~/4-~~
VIRIDIANAGALLARDO-KING d
Associate Attorney ·
VG:lsc
cc: Robin Bice, Deputy City Clerk
S:\CLERK\Pub Recs\ 17-18\CalAware.docx
COB000061 380
) (~'')
Oct 10-1i,a09:12a CaliforniansAware 1916-....,/7999 p.2
.,
CALIFORNIANS AWARE
OPENGOVERNMENT• FREESPEECH• PROTECTED
REPORTING
w October 9, 2017
)> .....
ChristopherGeny
Acting City Clerk ~ ~
City ofBakerslield ~ c:,
c::?
1600TnlXtunAvenue -t
Bakersfield,CA93301 r,..
,- 0
RE: Demandto CeaseBildDesist:Ralph M. Brown Act (GovernmentCode SectionS4950et seq.)
Request for Ac·cessto PublicRecords (GovernmentCode Section6250 et seq.) ".
'•• ..... ..0
;. c-: ••
Dear Mr. Geny, i r ~
This letter challengesa practiceoccurringin connectionwith the July 9, September6 and Sejember :;s
rnee'fiLgsof the
B.akersfieldCity Councilas a violationof the BrownAct, specificallyGovernmentCodi!Section549S6.9.Tbe practice iD
qiiestionwas the Council'sconsiderationin closed sessionsat those meetingsof mattersthatmust be discussed
only in op·cn
session,namelythoseheaded as "Five YearBudgetPtqjectioasof Revenuesand Expenses,""RevenueGeneration,"'and
..Revenue."
These topics(see attachedlillks) arguablyconstitutethe very highestissues of concernto Bakasfield i:esiden~ ·.'.
businessesand taxpayers,presentinga detailedanalysisof the Cey's near and long term fiscalunsustainabiJity,lbe need for
either significantstaffcuts or significantnew taxes,and the decisionsto be madeconcerninga tax inaease ballot measure,
includingthe publicrelationsconsiderationsto ensure ils success and the need for a consu1taotto poll public opin:ionand
provide "<>Ufll:im!l"
cammunicationsto shape publicpen:eptious.
In oraer.to avoidthe filing of an actii:>nagainst1he Council ~ declarato,y and injunctiverelief to confirm that the
p.racticein questionviolatedthe Brown Act illldto order it not to be repeated,and for the :recoveryof any attorney fees a:nd
costs incurredin suchlitigation,I demandthat MayorKarenGoh, within30 days of the receiptof 1hisletter and in
confonnity witb GovemmentCode·Section54960.2,subdivisicm(c), infonn me of the Council'sunconditionalcommitment
to cease, desist from,and not repeat the practiceherein challengedas a violationof the Act.
of
In addition,this letterrequestsaccess to copies ancommunicationsor other documentscreatedor received by th-;-i
City or City Cowieii membersor staff before or after these meetingsconcerningactionsto he taken as a result tbereof. .a.=-J
VeryTrolyYours,
~~
Terry::Se
General COUDsel
https.:/!www.scn"bd.com/document/361135503.'Five-Year-Bu~et-Prqjectian-July-2017
bttps://~.scribd.com/document/3 61137024/Revenue-Discussion-
7-19-17
https://www.sen"bd.c:om/docwnent/3611366481Revenue-Discussion-September-2017
https://www.scribd.com/document/361 13718l /Revenue-Discussion-9-20-17
Callfomians Aware • 2218 Homewood Way, Carmichael CA 95608 • (916) 949-4944 • info@calaware.org
COB000062 381
Mayor Karen K. Goh
City of Bakersfield
November 3, 2017
TerryFrancke, General Counsel

CALIFORNIANS AWARE
2218 Homewood Way
Re: Requestfor Access to Public Records (Govt. Code§ 6250 et seq.);

Demand to Cease and Desist(Govt. Code § 54950 et seq.)
Dear Mr. Francke:
§54960.2,subdivision (c).

the Brown Act. We have attended classessponsored by the League of Cities about the
Years" therefore, agreeing to continue to follow the Brown Act regardless of a
committed to convening and agendizing our closed sessionswithin the parameters of
the law.
v~~.,Jt/
KARENGOH
Mayor

S:\MA YOR\Letters\ 17-18\CallforniansAware.docx
Bakersfield City Hall I 1600 Truxtun Avenue I Bakersfield, CA 93301

COB000063
(661) 326-3770 I maynr(cvbakersfieldcity.us 382
· Oct
,._ 1,o-·4'7,•09:12a CaliforniansAware· p.2
CALIFORNIANS AWARE
OPENGOVERNMENT • FREESPEECH• PROTECTED
REPORTING
a;, October 9, 2017

Christopher Geny ► ....»
7- Ct
r,-, ~
Acting City Clerk -:;r. 0
Cil;yofBukersfield (/' 0
1~00Tnixtun Avenue """-:I'
i'
Bakersfield, CA 93301 r
,·- 0
RE; 'Demandto Ceaseand Desist: Ralph M. Brown Act (GovernmentCode Section549SOet seq.) ~- ~
Request for Ac·cessto Public Records (GovernmentCode Section6250 et seq.) ~ ~
:t -'. "!I·
Dear Mr. Gerry, l,. ~ ~
iQ
This letter challengesa practice occurringin connectionwith the July 9, September6 and seailember mec:it'Tigsof the
aak~field City Councilas a violation of the BrownAct, specificallyGovemmeniCo~ S!=ctionS49S6;9.The practice in
gue11tionwas the Council'sconsiderationin closed sessionsat those meetings.of matters that mustbe discussed-onlyin open
s.:ssfon,namely thoseheaded as "Five Year Badget Projectionsof Revenuesand Expenses,""RevenueOeneraticin," and
"Revenue:"
These topics (see attached links) arguablyconstitutethe vety highest issuesof concern to Bakersfieldresic,t~~-·.'·.
busine~es aid ~!lyers, presentinga deta.I1ed'arialysis of the City's near and longtermfiscalumustairiability;the ti~ for
eitl:iet$ignificimt,tattcutsor significant-new-
taxes, and the deci,iQD.s to be macle
-~ceminga qix in~e ballot measure,
includi'!Jgthe.Jniblicrelationsconsideratipnsto ensure ils successand the need for a consulfimt to pollpublic opiniori·and
provide •:~~~ communicationsto shape public pen:eptions.
·~--.;._
. In oraer.to avoidthe filing of an actionagainst the Council f~ declaratoryand injunctiverelief to confirm •.tmlt·.
the
p~i:e in questionviolatedthe BrownAqt and to orderit not to be repeated,Bildfor the recoveryof any attorneyJ'ees a:nd
costs incurredin such litigation,I dmnandthat Mayor Karen Goh, within30 days oftbe receipt of this letter anc;lin
conformitywith GovernmentCode.Section54960.2,subdivision(c), ilifonn me oft:tie Council'stmconditionalconmiitment
to cease, desist from, and not repeat the practice herein challengedas a violation C)fthe Act
of
In addition,this letterrequests access to copies all communicationsor otber documenlScreatedor receiv~d by the
City or City Councilmembersor staff before or after these meetings concerningactions to be taken as a result thereof. ·
VeryTruly Yours,
?~
Terry~e
General Counsel
bttp~://www.scn'bd.com/document/361135503lFive-Year-Budget-Projection-July-2017
https://www.scribd.com/document/3
61137O24/Revenue-Discussion-
7-19-17
https://www.scribd.com/documcntl361136648/Revenue-Discussion-September-2017
)1ttps:f./www.scribd.com/documentl36113
718l /Revenue-Discussion-9-2O-17
Callfornians Aware • 22"18Homewood Way, Carmichael CA 95608 • (916) 949-4944 • info@calaware.org
COB000064 383
Mayor Karen K. Goh
City of Bakersfield
November 3, 2017
Mr. David Snyder

FIRSTAMENDMENTCOALITION
Demand to Cease and Desist (Govt. Code § 54950et seq.)
Dear Mr. Snyder:

the Brown Act. We have attended classessponsored by the League of Cities about the
Years." therefore, agreeing to continue to follow the Brown Act regardless of a
committed to convening and agendizing our closed sessionswithin the parameters of
the law.
v~~I
KARENGOH
Mayor

S:\MA YOR\Letters\17-18\FirstAmendCoalition.docx
Bakersfield City Hall J I 600 Truxtun Avenue I Bakersfield. CA 93301

COB000065
(661) 326-3770 I mayor(mbakersfieldcity.us 384
'r
CITY ATTORNEY
VIRGINIA GENNARO
I 600 TRUXTUNAVENUE
DEPUTY CITY ATTORNEY FOURTHFLOOR
Andrew Heglund
ASSOCIATE CITYATTORNEY
November 8, 2017
Via E-Mail & Facsimile
(415) 460-5155
Mr. David Snyder

Dear Mr. Snyder:
This letter is in response to your November 6, 2017 letter received by the

did not deny any requests. The "enclosures" you mention were not included in
our response because you already had the records in your possession and we
did not see the need in providing them again. Additionally, and most
importantly, the enclosures are confidential pursuant to Government Code
Section 54956.9.
If you have any questions, feel free to call me at (661} 326-3721.
Very truly yours,
~H/A%car.&~~
VIRIDIANA GALLARDO-KING (}
Associate Attorney
VG:lsc
cc: Robin Bice, Deputy City Clerk
S:\CLERK\Pub Recs\ 17-18\FirstAmendment.BrownAcl.2.docx
COB000066 385
€j,_ I
)
\. )
Linda Cohen
From: Linda Cohen

Sent: Wednesday, November 08, 2017 2:43 PM
To: 'dsnyder@firstamendmentcoalition.org'
Cc: Robin Bice
Subject: Public records Request
Attachments: PRR.lstAmendCo.pdf
Mr. Snyder,
Please see the attached letter.
LiA'UUiv
Co-hew
L~Secve:tcwy
C i:t"yA ftoniey'.\-' Of{i.ce;
1600 Tv~A v~ 4th- floor
13cik,e,v!,fi,ehL,CA 93301
Telephone✓•• 661-326-3 721
F~: 661-852-2020
Lcoheyt@b-ake,yifi..eJ,dc,{;t_y.lM'
CONFIDENTIALITY NOTICE:This e-mail/transmissionis intendedto be sent only to the recipientstated therein. This e-mail/transmissionis confidential and also may be
legally privileged or protected by the attorney-clientprivilege or work product doctrine,and also may be restrictedfrom disclosureby applicablestate and federal law. Any
copying, disclosure,distribution, reviewor use of this e-mail/transmlssionby other than the Intended recipient or that person'sagent is strictly prohibited. If you have
received this e-mail/transmissionin error, pleasenotify the sender,and immediatelypermanentlydelete or destroy this e-mail/transmlssion,and all copies thereof from any
drives or storage media, and destroy any printoutsof the e-mail/transmission.No attorney-clientrelationshipIs created by the act of sendingor receiving this message
outside of a written agreement
1
COB000067 386
-1 I• \.. I
FAX
To: Mr. David Snyder
Company: First Amendment Coalition
Fax: 4 15-460-5155
Phone:
From:
Fax: 661-852-2025
Phone: 661-326-3689
E-mail: Lcohen@bakersfieldcity.us
NOTES:
Date and time of transmission: Wednesday, November 8, 2017 2:44:34 PM

Number of pages including this cover sheet: 02
COB000068 387
FIRST
AMENDMENT
COALITION
November 6, 2017
City of Bakersfield
1600 Truxtun Ave.
vking@bakersfieldcity.us
Via U.S. Mail and Email
Re: City response to October 17, 2017 CPRA Request
Dear Ms. Gallardo-King:
I write in response to your October 23, 2017 letter and document production (the
"Response"), which responded to the California Public Records Act ("CPRA") request
for records submitted by the First Amendment Coalition ("FAC") on October 17, 2017
1
(the "Request.")
In its Request, FAC sought:
(1) All communications or other documents that were created, sent or received
by the City Council and/or its individual members and that relate to or
reference the materials enclosed with this letter;
by the City Council and/or its individual members before or after the City
Council meetings of July 9, September 6 and September 20, 2017 and that
concern actions to be taken as a result of any items discussed during
closed session on those dates.
In its Response, the City produced 41 pages of documents, most of which are dated in
October 2017, long after the meetings in question took place. None are dated prior to
August 2017, although the Request sought documents well pre-dating that time.
'FAC submitted its correspondence via email, fax and U.S. Mail on October 17, 2017. The date on
FAC's letter, October 18, 2017, was an inadvertent error. In any event, it is not the case, as stated
in the Response, that the City received FAC's emailed or faxed correspondence on October 19.
COB000069 388
.. ' .
In addition to obviously failing to produce documents responsive to the first category of

documents sought in the Request, the City's Response failed to include any documents
responsive to the Request's second category of documents.
Although FAC is aware of-- and indeed attached to its Brown Act demand -- several
documents that pre-date October 2017 and that are responsive to FAC's requests, the
City has failed to produce those or indicate that it has withheld any responsive
documents. Within 10 days of the Request, the City was required to determine whether
the Request, in whole or in part, seeks copies of disclosable public records in the
possession of the agency and promptly notify the requester of both the determination
and the reasons therefore. (Gov. Code§ 6253(c).) The agency must explain in writing
the reasons for its withholding of any records. (Gov. Code§ 6255.) Thus, even if the
City believes that responsive records are exempt from disclosure, the CPRA still
requires that the City identify those records and articulate the specific exemptions to
disclosure under the CPRA that the agency believes justify withholding.
Additionally, the notification of denial of any request for records must set forth the
names and titles or positions of each person responsible for the denial. (Gov. Code §
6253.) The Response fails to meet this requirement as well.
Finally, the Request asked the City to send all correspondence, including any
responsive documents, to my email address (dsnyder@firstamendmentcoalition.org).
The City failed to do so, instead sending hard copies to FAC's mailing address. The
CPRA requires agencies to provide records in the format requested by the requester.
(Gov. Code section 6253.9(a).) FAC has requested, and hereby reiterates its request,
that the City provide all documents and correspondence to my email address, i.e., in
digital format. Please do so in all future correspondence.
Should the City fail to properly respond, as set forth above, no later than 5 p.m. on
November 8, 2017, and disclose all responsive records, FAC will be forced to consider
filing a petition for writ of mandate ordering the City to produce the records sought.
(Gov. Code section 6259 (a).)
Sincerely,
David Snyder
Executive Director
cc: City_ Council@bakersfieldcity.us; AdmAtt@bakersfieldcity.us
534 FDURTKSTREET.Sl!IIH B SAMIUFAH, CA94901 • 415.46-0.506tl • FIIIISTUIEltiDMIENTCOAUTIO

1UlR6
COB000070 389
CITY ATTORNEY
VIRGINIAGENNARO
1600TRUXTONAVENUE
DEPUTYCITY ATTORNEY FOURTHFLOOR
Joshua H. Rudnick BAKERSFIELD,CA93301
Andrew Heglund
ASSOCIATECITY ATTORNEY
October 23, 2017
Mr. David Snyder

Dear Mr. Snyder:

received by the City of Bakersfield on October 19, 2017. Responsive documents
are attached.
Very truly yours,
1/4,uan~k-~~
o
VIRIDIANA GALLARDO-KING
Associate Attorney
VG:lsc
Attachments
cc (w/o att): Robin Bice, Deputy City Clerk
S:\CLERK\Pub Recs\ 17-18\FirstAmendment.BrownAct.docx
COB000071 390
()
FIRST
AMENDMENT
COALITION
20!7
OCT19 f\M11:50
,.11 .. i.,f\; j\•.:1 . i 1 1 l, L t:.l'i r,
October 18, 2017

1600 Truxtun Ave.
City_ Council@bakersfieldcity.us
NOTICE OF VIOLATIONS OF THE BROWN ACT (GOV. CODE§ 54950 et seq.)

REQUEST FOR PUBLIC RECORDS (GOV. CODE§ 6250 et seq.)
Dear City Council:
I write on behalf of the First Amendment Coalition ("FAC") regarding multiple failures by
the Bakersfield City Council ("City Council") to comply with the requirements of
California's open meetings law, the Ralph M. Brown Act, Government Code section
54950 et seq. ("Brown Act"). This letter serves as a demand to cease and desist the
practices constituting such violations. This letter also constitutes a request for records
pursuant to the California Public Records Act ("CPRA"), Government Code section 6250
et seq.
Please direct all correspondence to me at the following email address:

dsnyder@firstamendm entcoalition. org
1
2017 to consider and discuss wide-ranging issues relating to potential tax increases in
the City of Bakersfield (the "City"), as well as potential significant staffing cuts. As set
forth in the documents enclosed with this letter, city staff presented detailed and
thorough information regarding the City's finances, its financial outlook, the effect of
various forms of tax increases on the city's financial outlook, and the effect of layoffs on
the city's financial outlook.
1
While FAC is presently aware of these three closed sessions, it appears that similar ciosed
set out herein.
534FOURTH
STREET,
SUITE
B • SANRAFAEL,
CA94901. 415.460.5060. FIRSTAMENDMENTCOALITION.ORG
COB000072 391
contain no reference to any of these topics. Instead, the City Council apparently
attempted to justify its wide-ranging discussion, in closed session, of the city's finances
and tax issues by agendizing such discussion under the "anticipated litigation" exception
to the Brown Act's open meetings requirement.
These closed-session meetings violated the Brown Act in a number of ways.
items it discussed in closed sessions. The City's agendas for the July 9, September 6,
the City's finances. The Brown Act requires every agenda to contain a description of
each item of business to be discussed. (Gov. Code section 54954.2(a).) This is also
required for any item to be discussed in closed session. (Gov. Code section 54957.7).
"No action or discussion shall be undertaken on any item not appearing on the posted
agenda/ and the body "may only consider those matters" that were included in its
statement of items to be discussed in closed session. (§§ 54957.7(a), 54954.2(a)(2).)
Second, any general discussion regarding the City's finances, such as the discussion
held in closed session at the July 9, September 6 and September 20 City Council
meetings, must be done in open session. Except were expressly authorized by statute,
"no closed session may be held by any legislative body of any local agency." (Gov.
Code section 54962.) "These exceptions have been construed narrowly; thus if a
must be conducted in public regardless of its sensitivity." (California Attorney General,
described by the Attorney General, 'The Legislature's addition of section 54962
session." (88 Ops.Cal.Atty.Gen. 16 (2005).)
There is no exception to the Brown Act's open-meetings requirement which would allow
The City's reference to "anticipated litigation" provides no cover for such discussion.
"The purpose of the [litigation] exception is to permit the body to receive legal advice
nonlitigation oriented policy decisions." (71 Ops. Cal. Atty. Gen. 96, 104-105 (1988).)
As the Attorney General opined within the first decade of the Brown Act's enactment,
not appropriate for a closed session, because the public is entitled to know what this
advice is in order to evaluate the performance of the body. (36 Ops. Cal.Atty.Gen. 175
(1960).) The mere possibility that a body's action might be challenged in court provides
no basis to discuss the proposed action in closed session, since virtually any proposed
COB000073 392
action could result in litigation - and, thus, under such a rationale virtually all proposed
actions would justify excluding the public. (71 Ops.Cal.Atty.Gen 96 (1988) ["to conclude
review ... would be tantamount to saying that any legislative body of a local agency
would meet in private on any matter, since, if they do not proceed in the manner
[the potential litigation exception]".)
"anticipated litigation," but only where a point has "been reached where, in the opinion
existing facts and circumstances, there is a significant exposure to litigation against
the local agency." (§ 54956.9(d)(2).) Under Section 54956.9(e), for purposes of holding
such a closed session, "existing facts and circumstances" are expressly limited to
potential plaintiff or plaintiffs, which facts and circumstances need not be
disclosed.
disaster, incident, or transactional occurrence that might result in
litigation against the agency and that are known to a potential plaintiff or
plaintiffs, which facts or circumstances shall be publicly stated on the
agenda or announced.
(3) The receipt of a claim pursuant to the Government Claims Act ... or some
other written communication from a potential plaintiff threatening
litigation, which claim or communication shall be available for public
inspection pursuant to Section 54957.5.
(4) A statement made by a person in an open and public meeting

threatening litigation on a specific matter within the responsibility of the
legislative body.

available for public inspection pursuant to Section 54957. 5.
COB000074 393
)
Therefore, any time a closed session is scheduled because there is a "significant

exposure to litigation," the facts and circumstances must be made known to the public,
the agency is aware of something that is likely to prompt a litigation
threat-some accident, disaster, incident or transaction such as a contract
dispute-"the facts must be publicly stated on the agenda or announced"
session.


it makes a memo explaining what was said. The memo is a public record
and "reference to the claim or communication must be publicly stated on
(California Attorney General, The Brown Act: Open Meetings for Local Legislative
Bodies (2003) at pg. 23.)
the requirement that public business be conducted in public and the
practical need public agencies have for confidentiality when attempting to
make rational decisions about the legal strength of argument asserted by
an actual or probably adversary... The Brown Act attempts to draw that
balance by, among other devices, requiring disclosure to the public of
facts and circumstances which show that a public discussion of a
particular matter is prejudicial to the agency's interests.
County Bd. Of Supervisors (1968) 263 Cal.App.2d 41, held "[n]either the attorney's
COB000075 394
.'
secret consultations whose revelation will not injure the public interest."
Here, even had there been an actual threat of litigation which could have met the
defined set of "facts and circumstances" necessary to hold a closed session under
Section 54956.9, the City Council was not permitted to take action in closed session
under the guise of "anticipated litigation" on an issue which must be discussed in open
session.
In Trancas Property Owners Assn. v. City of Malibu (2006) 138 Cal.App.4th 172, the
Court invalidated a settlement agreement adopted in closed session; the settlement
agreement included the City's commitment to approve a development agreement.
Because the city's decision to discuss the settlement agreement in closed session
usurped the public's right to participate in the decision-making process regarding the
development agreement, the City's action violated the Brown Act.

empower a city council to take or agree to take, as part of a
non-publicly-ratified litigation settlement, action that by substantive
law may not be taken without a public hearing and an opportunity for
the public to be heard. As a matter of legislative intention and policy, a
statute that is part of a law enacted to assure public decision-making,
except in narrow circumstances, may not be read to authorize
circumvention and indeed violation of other laws requiring that decisions
be preceded by public hearings, simply because the means and object of
the violation are settlement of a lawsuit.
(Id. at 186; internal citations omitted; emphasis added.)
Finally, a review of the City's agendas shows that the City routinely notices closed
when there is a "significant exposure to litigation" based upon "existing facts and
Government Code section 54956(e)(1 ), which would allow the District to refrain from
disclosing "existing facts and circumstances" if the facts and circumstances are "not yet
known to a potential plaintiff or plaintiffs." Because it would be highly unusual for a
routine use of this section appears to be a proforma way for the City Council to avoid its
disclosure requirements.
COB000076 395
..
The Brown Act section 54960 provides that any interested person may "commence an
preventing violations or threatened violations," "to determine the applicability of this
determine the applicability of this chapter to past actions of the legislative body."
In order to avoid litigation to force the District into compliance, FAC demands that the
City Council cease and desist from the practices set forth above, which impair the
public's ability to participate in its government. Namely, the City Council must
acknowledge the Brown Act violations set forth above, and must agree unconditionally
to refrain from the following practices in the future:
City's finances, in closed session where no closed session exemption
provides a basis for the closed session discussion;
sessions pursuant to Government Code section 54956.9(d)(2); and,
REQUEST FOR RECORDS PURSUANT TO CPRA
Pursuant to the CPRA, the California Constitution (Article I, section 3) and FAC's rights
of access under California common law, FAC hereby requests:
received by the City Council and/or its individual members before or after
the City Council meetings of July 9, September 6 and September 20, 2017
during closed session on those dates.
If any portion of the records requested is exempt from disclosure by express provisions
of law, Government Code Section 6253(a) requires segregation and redaction of that
material in order that the remainder of the information may be released. If you believe
that any express provision of law exists to exempt from disclosure all or a portion of the
records FAC has requested, you must notify FAC of the reasons for the determination
not later than 10 days from your receipt of this request letter. (Gov. Code § 6253( c).)
Any response to this request that includes a determination that the request is denied, in
COB000077 396
..
whole or in part, must be in writing. (Gov. Code§ 6255(b).)
Please contact me to obtain my consent before incurring copying costs, chargeable to

FAC, in excess of $100.
Thank you for your prompt attention to these important matters.
Sincerely,
David Snyder
Executive Director
cc: City Attorney Virginia Gennaro via fax at (661) 852-2020
Enclosures
COB000078 397
·' ( '\
. )
Linda Cohen
From: David Snyder <dsnyder@firstamendmentcoalition.org>

Sent: Tuesday,October 17, 2017 4:12 PM
To: City_Council
Cc: Sharedadmatt
Subject: Brown Act Notice of Violations, DemandLetter, and CPRARequest
Attachments: 10.18.17_BakersfieldBrown Act Letter.docx.pdf;BakersfieldEncl.4.pdf; Bakersfield Encl.
3.pdf; BakersfieldEncl.2.pdf; BakersfieldEncl.l.pdf ·
Dear City Council,
Please see the attached correspondence. Please use the contact

information below if you have any questions.
David Snyder I Executive Director I First Amendment Coalition

dsnyder@firstamendmentcoalition.org I 415-460-5060
534 4th St. #BI San Rafael, CA 94901
www .firstamendmentcoalition.org
COB000079
1 398
/
r CITY ATTORNEY
VIRGINIAGENNARO
1600 TRUXTONAVENUE
DEPUTYCITYATTORNEY FOURTHFLOOR
Andrew Heglund

November 17,2017
Ms. Sheila Lucht

NATIVEHERBALCOLLECTIVE
2807 California Avenue
Re: Brown Act Cure and Correct/Cease and Desist Letter
Dear Ms. Lucht:
This letter will acknowledge receipt of your letter received October 30,
2017, concerning the above.
The Bakersfield City Council understands the importance of transparency

and the Brown Act. The City Council and the Mayor have attended classes
sponsored by the League of Cities about the background, intent, and specifics
of the Brown Act; they receive on-going advice from the City Attorney about
the applicability of the Brown Act in their daily work; and on August 15, 2012,
adopted "A Resolution Adopting A City Policy To Adhere To The Brown Act
Despite The State's Decision To Suspend Some Of Its Provisions For Three Years"
therefore, agreeing to continue to follow the Brown Act regardless of a
There is no basis or proof to your allegation that City Council discussed

and voted on banning cannabis during closed session. In fact, on September
20, 2017, during open session of a regularly scheduled City Council meeting, the
First Reading of the ordinance adding sections 17.04.129 and 17.04.154 and
amending section 17.08.050 of the Bakersfield Municipal Code was held. The
item was placed on the agenda, posted at least 72 hours prior to the meeting,
with a brief general description, in compliance with the Brown Act. At that
meeting, public comment was received from numerous speakers on whether
City Council should adopt the ordinance. After public comments, there was
ample discussion amongst the Councilmembers regarding the proposed
ordinance, and after that discussion, a motion to approve First Reading passed
6-1 (Rivera opposed). The ordinance was then placed on the agenda of the
October 11, 2017 City Council meeting for adoption. Thus, the City complied
with the Brown Act throughout the FirstReading and adoption of the ordinance.
COB000080 399
J
:l Ms. Sheila Lucht
Native Herbal Collective
November 17, 2017
Page 2
The August 30, 2017 letter I wrote to the Department of Consumer Affairs
was a requirement as a result of the passage of Proposition 64, since cities and
counties were obligated to inform the state of their stance on cannabis through
a formalized letter. The letter did not state that a cannabis ban was going to be
adopted by-the Council. In fact, the letter simply reiterated the City's current
stance on cannabis by stating that cannabis dispensaries are prohibited in the
City based on the City's permissive zoning code.
We hope this provides an explanation and allays your concerns about

any potential violation of the Brown Act.
Very truly yours,
RICHARDIGER
Deputy City Attorney
Rl:lsc
cc: Honorable Mayor and City Councilmembers
Alan Tandy, City M0nager
Christopher Gerry, Acting City Clerk
S:\COUNCIL\Letters\ 17-18\Lucht-NativeHerbal.BrownAcl.docx
COB000081 400
/~)
30 AMII: SI
20l7OCT
Sheila Lucht ...
Native Herbi;il Collective {Jf~i'\Li"\...:..( i._~.t. ·~.•i;
Y LLt:.f{f\
' ,,_2807California Avenue
nativeherbalcollective@gmail.com
October 24, 2017
Via Registered Mail, Return Receipt Requested & Facsimile
Bakersfield City Council,

Deputy City Attorney & City Clerk
1600 Truxtun Avenue
Bakersfield, Ca 93301
County of Kern ,
city clerk@bakersfieldcity.us.
Re: Brown Act Cure and Correct/Ceaseand Desist Letter
Honorable Mayor, Bakersfield City Council Members, Deputy City Attorney and City Clerk,
This letter is to call your attention to substantial violations of a central provision of the Ralph M.
Brown Act and Article I, Section 3 of the California Constitution, which may jeopardize the
finality of the action taken by Bakersfield City Council {"the Council").
In its meeting of October 11, 2017, the Bakersfield City Council took action to approve an
ordinance that will. ban all cannabis activity within the city, which it was acted upon by a formal
vote {the "Ordinance"). The Bakersfield City Council violated the Ralph M. Brown Act and Article
1, Section 3 of the California constitution because the Council discussed the ordinance in a
closed session and did not allow the public to criticize and/or comment on the Ordinance before
the Counsel took action.
1. Since the Council discussed and decided on the ordinance in a closed session, the
ordinance must be invalidated pursuant to the Ralph M. Brown Act and Article 1,
_____ _,SeciiOA--l-of-the-Calitomia-GGRStmrtiGA-.~---------------------
Although the Cou'ncil placed the ordinance on the agenda for the October 11, 2017 regularly
scheduled meeting {Attached as Exhibit A), the decision to approve the ordinance was decided
at a closed session prior. Under the Brown Act, all meetings of the legislative body of a local
agency must be open and public. All persons must be free to attend and no legislative body can
take action by secret ballot whether preliminary or final. Gov. Code, § 54953 (c)(1). On August 30,
i017, Bakersfield Deputy City Attorney, Richard lger, sent a letter to the Bureau of Cannabis Control
notifying the department of the city's decision to approve the Ordinance (Attached as Exhibit B}. This
notification indicates that the Council took action to approve the ordinance in a closed session and
did not allow the public to attend a meeting on this matter. As such, the action of the Council should
be invalidated for passing the ordinance in violation of the Ralph M. Brown Act and California
constitution.
Page1 of 3
COB000082 401
")
Furthermore, Mr. lger sent an email to our attorney prior to the October 11, 2017 meeting stating,
"This letter serves as notice under Section B(ii) of our settlement agreement that the City has
decided to maintain a ban on marijuana dispensaries, so therefore, you clients will need to close that
location within 45 days of today.n (Attached as Exhibit C). This email is more evidence that the
Council took action to approve the Ordinance prior to the open meeting on October 11, 2017. Hence,
the Ordinance should be invalidated pursuant to the Ralph M. Brown Act and Article 1, Section 3 of
the California Constitution due to the Council discussing and taking action prior to the open meeting.
2. The Ordinance should be invalidated by virtue that the Council voted on the Ordinance prior
to requesting the public to criticize and make comments on the Ordinance.
Section 54954.3 of the Government Code requires that the public have the right to criticize policies,
procedures, programs and services of the local body. The Code also requires that public comment
or testimony be allowed on all agenda items before the Council takes action. During the October 11,
2017 meeting, Mayor Goh indicated that there would be time for public comment regarding the
Ordinance; however, the Council voted on the ordinance without the public's input. Instead, the
Council allowed public comment just minutes before the meeting was to adjourn. (See Youtube Link
of the meeting https://youtu.be/kJ6xrrazZZs). The Council took action and approved the ordinance in
direct contravention of the Ralph M Brown Act and California Constitution. Thus, the ordinance
should be invalidated.
Pursuant to Government Code Section 54960.1, I demand that the Bakersfield City Council cure
or correct the illegally taken action as follows:
i. void the adoption of the Ordinance until a proper vote can take place.-
ii. provide the public with access to the information acquisition, deliberative process and
opportunity to comment of which it was deprived.
iii. Withdraw the illegal notice and statements made in the letter to the Bureau of Cannabis
Control with regards to the Ordinance ..
iv. disclose to the public at a subsequent meeting the reasons why individual members of
the legislative body took the positions that they did, with the full opportunity for informed
comment by members of the public at the same meeting, notice of which is properly
included on the posted agenda. In some cases informed comment might require public
access to any and all documents in the possession of the public agency related to the
action taken, with copies available to the public on request at the offices of the agency
and also at the meeting at which reconsideration of the matter is to occur.
As provided by Section 54960.1, you have 30 days from the receipt of this demand to either
cure or correct the challenged action, or inform me of your decision not to do so. If you fail to
cure or correct as demanded, I am entitled to seek judicial invalidation of the action pursuant to
Section 54960.1, in which case I will seek the award of court costs and reasonable fees
pursuant to Section 54960.5.
Page2 of 3
COB000083 402
Native Herbal Collective
Page3 of 3
COB000084 403
EXHIBIT
A
COB000085 404
BAKERSFIELD CITY
COUNCIL
AGENDA
MEETING
OF OCTOBER 11, 2017
Council Chambers, City Hall,

1501 Truxtun Avenue
Regular Meeting 5: 15 PM
REGULAR MEETING - 5:15 PM
.!
I
ROLL CALL
.1
•/ INVOCATION by Dr. Danielle Wright, Freedom Worship Center.
·1
•i
1
PLEDGE OF ALLEGIANCEby Ethan Calvillo,Junior at BakersfieldHigh School.
•1! PRESENTATIONS
l
•: PUBLIC STATEMENTS
Written material submitted during the Public Statements portion of the meeting.
•! WORKSHOPS
1
•
I
Fiscal outlook update.
-
•j APPOINTMENTS
•I
e u ar an ternate Appointments(Ward 5) to the Keep BakersfieldBeautiful Committeedue to the expiration of
terms of RegularCommitteeMember David Taylorand AlternateCommittee Member Patrick Frase (terms
expired November2016).
•, CONSENT CALENDAR
Staff recommends adoption of Consent Calendar items.
..
•1 Minutes:
Approval of minutes of the September 20, 2017, Regular City Council Meetings.
• Payments:
COB000086 405
I
•: Receive and file department payments from September 8, 2017, to September 28. 2017, in
the amount of $27.195.101.41. Self Insurance payments from September 8, 2017. to
September 28, 2017. in the amount of $652,863.86, totaling $27,847,965.27.
Ordinances:
Firstreadingof ordinanceamendingthe OfficialZoningMap in Title17 of the BakersfieldMunicipalCode by

changingthe zonedistrictfromPCD (PlannedCommercialDevelopmentZone)to C-2/PCD (Regional
CommerciaVPlanned CommercialDevelopmentZone) on 10.10 acreslocatedsouthof SillectAvenueand northof
RiversideDrive.
• Adoption of ordinance adding Sections 17.04.129 and 17.04.154 and amending Section
17.08.050 of the Bakersfield Municipal Code relating to commercial cannabis activity. (FR
09/20/17)
·I Resolutions:
•j Resolution authorizing the City to obtain credit from Union Bank pursuant to commercial
!
i card agreement for corporate borrowing.
•'I
Resolutionconfirming
approvalby the City Managerdesigneeof the ChiefCodeEnforcementOfficer'sReport
I
regardingassessmentsof certainpropertiesin the Cityfor whichstructureshavebeen securedagainstentryor for
theabatementof certainweeds,debris,and wastematter,and authorizingcollectionof the assessmentsby the Kern
CountyTax Collector.
•/ Resolution determining that lighting can most efficiently be obtained through cooperative
procurement bidding procedures from MUSCO Lighting and authorizing the Finance Director
to dispense with bidding thereof, not to exceed $350,000.
•ii Resolution determining that a replacement Zamboni® model 546 ice resurfacing machine
i cannot be reasonably obtained through the usual bidding procedures and authorizing the
i
Finance Director to dispense with bidding thereof. not to exceed the budgeted amount of
I $118,000.
· Resolutionsto add territoriesto the ConsolidatedMaintenanceDistrictand approving,confirming,

and adoptingthe
PublicWorksDirector'sReport:
1. Area 3-103 (Tract 7304 - NE of Berkshire Road and Old River Road)
. 2. Area 4-170 (5900 Comanche Drive)
3. Area 4-171 (301-313 Dr. Martin Luther King Jr. Boulevard)
4. Area 5-86 (4500 Hughes Lane)
•: Agreements:
•! Agreementwith Manley's Boiler, Inc. ($60,000},for plumbingand boiler maintenancefor the
J Pub I ic Works Department. Wastewater Division.
•! Final map and Improvement agreement with Castle & Cooke for Tract 7255 Phase 2, located
' at the southwest corner of Ming Avenue and Allen Road .
•, Final map and improvement agreement with Castle & Cooke for Tract 7299. Unit 1 located
: south of Ming Avenue and east of Renfro Road.
•! Improvement agreement with Giumarra Investments. LLC, sucessor by conversion with
' G.C. Investments, LLC. for Parcel 12112, Phase 4 located north of Stockdale Highway and
east of Coffee Road.
COB000087 406
Amendment No. 4 to Agreement No. 90-279 with Sprint Spectrum L.P. to approve the
assignment of the transmitter tower lease on Mccutchen Road from Nextel of California to
Sprint Spectrum L.P. and to approve a sublease of portions of the tower area to T-Moblle.
•i
1
AmendmentNo.6 to AgreementNo.11-100 withParsonsTransportation Group($87,865; revisednot to exceed
$44,341,567) fordesignsupportservicesduringthe construction
of the BeltwayOperationalImprovementsProject.
•/ Amendment No. 2 to Agreement No. 15-008 with NV5, Inc. ($1,103,333.81:revised not to
1 exceed $11.170,805.26),for construction management services for the Beltway Operational
Improvements and the Rosedale Auxiliary Lane Prolects .
•
On-callequipmentmaintenanceservicesagreementsfor the PublicWorks Department,WastewaterDivision:
1. Amendment No. 2 to Agreement No. 15-241 with Electrical Systems and

Instrumentation. Inc. ($100,000: revised not to exceed $300,000 and extend term one
~
2. Amendment No. 2 to Agreement No. 15-242 with Wllsons Industrial Pump, Inc.
($100,000: revised not to exceed $300,000 and extend term one year) .
.I
AmendmentNo. 3 to AgreementNo. 17-084 withW.M. Lyles($18,971,810; revisednot to exceed$21,811,472) for
designand construction
costsassociatedwiththe 1,2,3 - Trichloropropane
(TCP) MitigationProject.
.i
1 Professionalengineeringconsultantagreementfor the 1,2.3-Trichloropropane
(TCP) MitigationProject:
1. Amendment No. 1 to Agreement No. 16-250 with Provost & Pritchard Consulting
Group ($33,100; revised not to exceed $733,900)for engineering services associated
with water system Improvements for the TCP Mitigation Project.
2. Appropriate $33,100 In fund balance to the Water Resources Capital Improvement
Program budget within the Domestic Water Fund .
•
MountVernon Green Waste Facilityoperations:
1. Amendment No. 1 to Agreement No. 17-025 with K & I Services ($275,000; revised not
to exceed $575,000; and to extend term through June 30, 2018) for the trucking of
woodchips from the Mount Vernon Green Waste Facility.
2. Appropriate $151,000 in the County's share of the Green Waste Facility costs and
$124,000 in RefuseFund balanceto the PublicWorks Department'sOperating Budget
within the Refuse Fund.
•· Property Acquisition Agreements - TRIP:
COB000088 407
i
•! Bids:
i
e;
I
Accept bid from Lehr Auto Electric ($57,253.85)for Setina Manufacturing police vehicle
; equipment.
el Accept bid from Safety Network Holding, Inc. ($138,738.60),for traffic control devices for
i
the Public Works Department, Streets Division.
Accept bid and approve contract with Stockbridge General Contracting ($2,061,000)for the
·I
., I
Bakersfield Sports VIiiage Phase Ill Soccer Stadium Improvements Project.
! Accept bid and approvecontractwith Eco Energy Solutions, Inc., dba High Volt Electric ($323,625),for the
! BakersfieldSportsVillage Phase II Soccer Field Lighting Project.
Accept bid and award contractto Granite ConstructionCompany, Inc. ($717,753),to construct the Westside Parkway
OperationalImprovements.
24th Street Soundwall Project:
1. Accept bid and award contract to James E, Thompson, Inc., dba JTS Construction
($1,377,500)to construct the project.
2. Enter into a construction management agreement with NV5, Inc. ($172,959.92),for
construction management services .
•
Sanitarysewer relocationfor the Centennial Corridor Project:
i -
1. Accept bid and award contract to Specialty Construction Inc. ($1,922,525),to

construct the project.
2. Approve consultant agreement with AECOM ($99,392) for construction management
services .
•!i Miscellaneous:
•1
Appropriate$604,000 in Federal grant revenues (SelectiveTraffic EnforcementProgram grant from the State Office
i. of Traffic Safety) to the General Fund Police Operating Budget.
I Appropriate$30,000 in Federalgrant revenues to the General Fund Police Operating Budget, to fund the
Bicycle/PedestrianSafety and Education Program.
Appropriate $41,085 in grant funds from the California Departmentof Water Resources'2014 Water-Energy Grant
Program to the Recreationand Parks Capital ImprovementBudget within the Capital Outlay Fund.
COB000089 408
•1
I
!
Reclassification of Fleet Mechanic I to Fleet Mechanic II.
• Successor Agency Busl ness:
• Receive and file Successor Agency payments from September 8 1 2017, to September 28,
2017, in the amount of $315,380.00,
•
Appropriate$17,548in SuccessorHousingAgencyFundbalanceto the EconomicDevelopmentOperatingBudget
withinthe SuccessorHousingAgencyFund for construction
of a watermainand servicesat the 19th StreetSenior
Plaza.
• CONSENT CALENDAR PUBLIC HEARINGS

StaffrecommendsconductingConsentCalendarPublicHearingand approvalof items.
HEARINGS
:/ Public hearing to consider a resolution ordering the removal of the 24th Street crosswalks
at Alder/ A Streets and Drake/D Streets .
•
Appealby ChristianRamirezof the July 11, 2017, decisionof the Boardof ZoningAdjustmentto deny a Conditional
Use Permitto allowa recyclingcenterfor the purchasing
of CaliforniaRedemptionValue containersfrom the publicin
a C-1 (NeighborhoodCommercialZone) districtlocatedat 3300 PlanzRoad.
Publichearingto considerActionPlanAmendmentsto the followingU.S. Departmentof Housingand Urban

DevelopmentActionPlans:
1. FY 2014-15 Amendment No. 7: Transfer funds from Martin Luther King

Community Center Gym Rehabilitation ($25,000 in Community Development Block
Grant funds) to Bakersfield Senior Center - Gate Improvements.
2. FY 2015-16 Amendment No, 3: Transfer funds from Community Housing Development
Organization (CHOO) Set Aside ($155,226 In Home Investment Partnerships funds) to
Self-Help Enterprises - Down Payment Assistance.
3. FY 2016-17 Amendment No. 3: Transfer funds from CHOO Set Aside ($144,774 in
Home Investment Partnerships funds) to Self-Help Enterprises - Down
Payment Assistance,
•
1
REPORTS
./ DEFERRED BUSINESS
.I NEW BLJffi~~---=.:=---=------------------------------r---
i
•:
CaliforniaWater ServiceCompanyfranchiserenewal:
1. Resolution accepting the application of California Water Service Company requesting

a water franchise.
2. Resolution of intention to grant a franchise to California Water Service Company.
•· COUNCIL AND MAYOR STATEMENTS

•: ADJOURNMENT
COB000090 409
EXHIBIT
B
COB000091 410
CITYATTORNEY
VIRGINIAGENNARO
1600TRUXTUN A VENUE
DEPUTYCITY ATTORNEY FOURTH FLOOR
Joshua H. Rudnick · BAKERSFIELD,CA 93301
AndrewHeglund
RichardIger TELEPHONE:661-326-3721
ASSOCIATECITY ATIORNEY
August 30, 2017

Via E-mail & U.S. Mail
Department of Consumer Affairs

Bureau of Cannabis Control
P.0. Box 138200
Sacramento, CA 95813-8200
Email: bmcr@dca.ca.gov
Re: Commercial Cannabis Activities Prohibited in the City of Bakersfield
Dear Bureau Staff:
The City of Bakersfield is aware that the Bureau of Cannabis Control

("Bureau") may start issuing licenses for commercial cannabis activities as early
as January 1, 2018, due to the passage of the Medical Cannabis Regulation
and Safety Act, Proposition 64 and the Medicinal and Adult-Use Cannabis
11
Regulation and Safety Act { MAUCRSA"). Language included in MAUCRSA
makes it clear that Local Control is stmimportant, and more specifically Business
and ProfessionsCode 26055 (d) states:
(d) Licensing authorities shall not approve an application for a state

license under this division if approval of the state license wiU violate
_______ e_p=r,._,o_,,_v·-1si......,ons
_...,_th
..... of any tocal ordinaAGe- or regulation adopted in
accordance with Section 26200.
In accordance with Businessand ProfessionsCode 20655(f), the City of

Bakersfieldis providing notice to the Bureau that commercial cannabis activities
are prohibited in the City. The City has a zoning code that specifically identifies
permitted uses in each zone of the City. Uses other than those specifically
mentioned as permitted are prohibited (Bakersfield Municipal Code §
17.08.040). No commercial cannabis activities, including cultivation sites and
retail stores, have ever been specifically permitted in the City, and are therefore
prohibited. In addition, the operation of a marijuana dispensary, collective, or
cooperative is expressly prohibited in the City of Bakersfield pursuant to
Bakersfield Municipal Code § 17.08.050. The relevant code sections and
resolutions are attached to this letter.
COB000092 411
Department of Consumer Affairs
Bureau of Medical Cannabis Regulation
... August 30, 2017
Page2
The City Attorney's_ Office will serve as the contact for the state licensing
authorities regarding commercial cannabis activity within the City. If you need
any more information regarding the City's prohibition of commercial cannabis
activities do not hesitate to call me directly at (661}326-3628.
Very truly yours,
-p1___~
RICHARDIGER
Rl:lsc
Attachments
cc (w/o att.): Honorable Mayor and City Councilmembers
Lyle Martin, Chief of Police
S:\POLICE\Med MJ\Letfer.;\BMC.-MAUCRSA.docx
COB000093 412
. ' .
EXHIBIT
C
COB000094 413
/"•, F-,,)
may be 'unlawful. If you are not the'~....Jnded recipient, please notify the sender by 1Plying to this message and then
delete it from your system. Thank you.
From:Richardlger [mailto:riger@bakersfieldcity.us]
sent: Wednesday,August30, 2017 1:29 PM
To:anthony.dimonte@adlilaw.com
·cc: Linda Cohen<lcohen@bakersf1eldcity.us>
subject: Native HerbalCollective
Anthony,
Attached is a letter that was sent to the Bureauof CannabisControl regardingthe City of Bakersfield'sdecision to
maintain a ban on marijuanadispensariesfor the time being. The letter serves as notice under section B ii of our
settlement agreementthat the City has decidedto maintain the ban on marijuana dispensaries,so therefore, your clients
will need to close that location within 45 days of today.
Feel free to call me to discuss in further detail .
Thanks,
Richard L. Iger, Esq.
City of Bakersfield
1600 Truxtun Avenue, 4th Floor
Bakersfield, CA93301
(661) 326-3628
Fax (661) 852-2020
CONFIDEN flALITY NOTICE: This e-mall/trensmissionis Intendedto be sent only to the recipientstated . This e-mail/transmfsslonis confidential and also may be legally
privlleged or protected by the attorney-clientprivilege or work product doctrine, and also may be restricted from disclosureby applicable state and federal law. Any
cqp_ylng,disclosure,distribution, reviewor use of this e-mail/transmissionby other than the intendedrecipientor that person'sagent is strictly prohibited. If you have
receivedthis e-mail/transmissionin error,please notify the sender,and immediatelypermanentlydeleteor destroy this e-mail/transmission,and all copies thereof from
any drives or storage media, and destroy any printouts of the e-mail/transmisslon.No attorney-clientrelationship is created by the act of sending or receiving this
message outside of a written agreement.
-------nm---~::.a-==-::::J-:Urn;.
ace.PDF
11 4.2MB
COB000095 414
BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF JULY 19, 2017

REGULAR MEETING - 3:30 PM
1. ROLL CALL
3, WORKSHOPS
4. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session
pursuant to Government Code section 54956 .9(d)(1) regarding Donald
Towner v. City of Bakersfield, Kern County Superior Court Case No.
BCV-16-102464, SPC
b. Conference with Legal Counsel - Existing Litigation; Closed Session
pursuant to Government Code section 54956.9(d)(1) regarding Citizens
Against the 24 th Street Widening Project v. City of Bakersfield;
California Department of Transportation, Kem County Superior Court
Case No. S-1500-CV-281556, KCT, Consolidated with BCV-16-101556
NFT.
c. Conference with Legal Counsel - Potential Litigation; Closed Session
pursuant to Government Code section 54956 .9(d)(2),(e)(1) (two matters).
6. ADJOURNMENT
COB000096 415
MEETING DATE: 7/19/2017 Closed Session4. a.
TO : HonorableMayorand City Council

FROM: VirginiaGennaro, CityAttomey
DATE : 6/26/2017
WARD:
SUBJECT: Conferencewith Legal Counsel - ExistingLitigation;Closed Session
pursuantto GovernmentCode section 54956.9(d)(1) regardingDonald
Townerv. City of Bakersfield, Kem CountySuperior Court Case No.
BCV-16-102464, SPC
BACKGROUND:
COB000097 416
~ ADMINISTRATIVEREPORT
~ I
MEETING DATE: 7/19/2017 Closed Session 4. b.
TO : HonorableMayor and City Council

FROM : Virginia Gennaro, City Attorney
DATE : 6/23/2017
WARD:
SUBJECT : Conferencewith Legal Counsel- Existing Litigation;Closed Session
pursuantto Government Code section 54956.9(d)(1) regarding Citizens
Against the 24th Street WideningProject v. City of Bakersfield;
CaliforniaDepartmentof Transportation , Kern CountySuperior Court
Case No. S-1500-CV-281556, KCT, Consolidatedwith BCV-16-10 1556
NFT.
BACKGROUND :
COB000098 417
MEETING DATE: 7/19/2017 Closed Session4. c.
TO: HonorableMayorand City Council

FROM: VirginiaGennaro,City Attorney
DATE: 6/23/2017
WARD:
SUBJECT: Conference with Legal Counsel- PotentialLitigation; Closed Session
pursuantto GovernmentCode section 54956.9(d)(2),(e)(1)(two
matters).
BACKGROUND:
COB000099 418
2872
BAKERSFIELD
CITYCOUNCIL
[ MINUTES
MEETINGOF JULY19, 2017
Council Chambers, City Hall, 1501 TruxtunAver,ue
Regula r Meetings- 3:30 p.m . and 5: 15 p.m .
REGULAR
MeETING- 3:30 p.m. ACTION
TAKEN
1. ROLLCALL
Present: Mayor Goh, Co un c llmembers Gonza les,
Wei r, Freemon, Sullivan, Parlier
Absent : Vice-Mayor Smith,Coundlmember

Rivera
2. PUBLICSTATEMENTS
None .
3, WORKSHOPS
None.
CLOSEDSESSION
Litigation; Closed Sessionpursuant to
Government Code section 54956.9{d) 11l
regardlng Donald Townerv. City of Bokersfleld ,
Kern C0unty SuperiQr Court Cose No. BCV- I 6-
102464, SPC
b. Conference wlth Legal Counse l - Existing
Governmen t Code sec tion 54956.9(d) ( 1)
regarding CitizensAgainst the 24th Street
Co/ifc;imioDeportment of Tronsportat/on.Kern
Co unty super ior Cou rt Case No . S- l 500-CV -
281556, KCT.Co nsolidate d with BCV- I 6-
I01556 NFT.
C. Confe rence with Lega l Counsel - Pote ntia l
Litigation ; Closed Session pursuant to
Government Code sec:ion 54956.9(d) (2). (e) ( 1)
[ (two matters] .
COB000100 419
(. 'o 7 '> Bakersfield, California, July 19, 2017 - Page 2
4. CLOSEDSESSIONcontinued ACTIONTAKEN
J
Motion by CouncllmemberWeirto adjourn to Closed APPROVED
Sessionat 3:31p.m. A8 RIVERA.SM"1-i
MoHonby CouncllmemberWeirto adjournfrom APPROVED

Cloied Sessionat 5:10p.m. AB RrVERA
., SMrTH
Meeting reconvened at 5:15 p.m .
5. CLOSEDSESSIONACTION
a. Confe re nce with Lega l Co unsel- Exis1 ing STAFF

WAS GIVEN
Litig ation; Closed Session pursua nt to DIRECTION
Governmen t Code section 54956.9(d)( l )
regarding Donald rowner v. City of Bakersfield,
Kern County Superior Court Cose No. BCV- 16-
102464, SPC
b. Conference with Legal Cou nsel - Existing NO REPORTABLE

Litigation; Closed Session pursuant to ACTION
regarding Citizens Agai nst the 24th Street
Colifomio Department of Transportation , Kern
Coun ty Sup erior Court Case No . S-1500-CV-
281556. KCT, Co nsolidat ed wi'th BCV- 16-
101556 NFT.
J
Con ference with Legal Counse l - Potential NO REPORTABlE
C.
ACTIONON flRST
Litigation : Closed Sessionpursuant to
MATTER;SECOND
Gove rnment Code section 54956.9(dl I2) ,fe) 11) MATTERCONTINUED
(two matters). TO NEXTMEETING
7. ADJOURNMENT
Mayor Goh adjourned the Closed Session meeting ot

5:16 p.m.
J
COB000101 420
Bakersfield1California, July 19, 2017 - Page 3
2 8 74
REGULA~MEETING-5:18 p.m. ACTION TAKEN
ROLLCALL
Present: Mayor Goh1Council members Rivero·,

Go nzales. Weir, Freemon. Sullivan,Parlier
Absent: Vice-Mayor Smith
'2, INVOCATION by PastorVernon Kemp. Greate r Harvest

Ch ristian Ce nter.
3. PLEDGEOF ALLEGIANCE by Marisa Edmonston, student

at the University of Arizona.
4. PRESENTATIONS
a. Presenta tion of a Proclamation by Moyor Goh

to Sharon Woolfolk, President of the Executive
Boord of Directors for NAMI Kern County,
declarlng July. 2017, Minority Mental Health
Awareness Month in Bakersfield.
Ms. Woolfolk accepted the Proclamation ond

[ made ·comme nts.
Q. Presentation of a Proclamation by Mayor Goh

to Elijah Lidg~tt, JDRFChlldren's Co ngress
Delegate , declar ing July 24-26, 2017, JDRFDays
ih Bakersfield.
Elij ah Lidgett accepted the Proclamation and
mode comments.
c. Presentation of a plaque by Mayor Go h to

Timothy M. Osborn, honoring the beoutificotion
efforts of his firm,the Law Office oFTimothyM.
Osborn.
Ms. HeatherPenella , Mayoral Alternate for t he

~eep Bakersfield Beautiful Comm ittee, mad e
comments.
Mr. Osborn accepted t he Proclamation and
made comme nts.
l
COB000102 421
2 875 Bakersfield,California, July 19, 2017 - Page 4
5. PUBLIC
STATEMENTS ACTION
TAKEN
J
a. Curtis Bingham Sr.,Street Evangelist. expressed
appreciation and gave blessingsto the City
and law e nforcemen 1for the work they do for
the City.
b. Marvin Dea n stated he invited HUD Secretory

Ben Carson to visit Bakersfield as part of his
Community Listening Tour (submitted written
material); spoke regarding the proposed water
rate increases; and spoke in support of the
Property AssessedClean Energy (PACE)
programs in Bakersfield.
c. Mona Sidhu spoke regarding the proposed

Resolution supporting the con tinued federal
funding of the Community Developmen1 Block
Grant and Home Investment Partnerships
programs.
d. The following individuals spoke regarding

allegations made by Tatyana Hargrove aga inst
the Police Department , the need for a
c itizen's comm unity oversight co mmittee , and
requested the City Co uncil approve a budget
for body cameras for officers: Dean Welliver;
Jeanett e Limones; Paola Hinojosa; Patrick
Jackson . NAACP President; Larcenia Taylor, and
J
Krystal Wood.
Councllme mber Rivera left th e meeting at this time.
6. WORKSHOPS
a. Workshop on Water Rate Study and proposed

rate increases associated with 1,2,3-
Tric hloropropan e !TCP)water well treotment.
(Staffr•commendsapproval of Prop0$ftlon218 notice to
be malled to customersot tfle domestic wakfl system.)
Assistan t City Clerk Drimakis announced o staff

memorandum was received providing a recent
history of dom estic water rate increases
applicable to the City of Bokersfield's domestic
service area .
City Manager Tandy mode staff co mment s.
Water Resources Manag er Chlanello mad e

presentatio n.
J
COB000103 422
2876
6. WORKSHOPScontinued ACTION
TAKEN
ITEM 6.a. CONTINUED
l Mark Hildeb rand, Stonte c Consulting, made

comme nts.
Finance Direc tor Smith made addit ionol sta ff

comments and provided a PowerPoint
presentatior:i .
Motion by Councllmember Weltto approvethe APPROVED

AB RIVERA,SMrrH
staffrecommendation.
Counci lmernber Rivera returned to the meeting at this time .
b. Presentation by Californla Water Service .

Company (Col Wa1er) regard ing Cal Water's
project to comply with up co ming state
mandates rego rdin,g 1,2,3-Trichforopropone
l1TCP). (Stalf1ecommend$Council receive and filethe
pr•m~nfalfon.J
Assistant City Manager Teglia mode staff

c omments.
[ Mike Mar.es, Bakersfield District Manager for

California Water Service Company, made
comments ornd provided a PowerPoint
presentat io n.
Motion by Councllmember Weil to opprove the APPROVED

staff recommendation. AB SMITH
7. APPOINTMENTS
None,
8. CONSENTCALENDAR
Minutes:
o. Approva l of minute s of the June 28, 2017,
~egwlar City Co uncil Meetings .
PQyments:
b. Receive and file depor1ment payment s from
June 16. 2017, to July 6, 2017. in the amount of
$20,288,819.02. Self-Insurance payments from
[ June 16, 2017. to July 6, 2017. in the amount
of $1,652,006.66, total ing $21,940,825.68.
COB000104 423
_,,.,. ·-·--·
'2 8 7 7 Bakersfield, California, July 19, 2017 - Page 6
8. CONSENTCALENDARcontin ued A~UQNTAKEN
Ordinances:
C. Adoption of an Ordinance amending Chapter OllD4914

J
2 .60.030 of th e Bakersfield Municipal Code
relat ing to the appoi ntment of members and
alternates of the Bakersfield Youth Com mission.
(FR.06/28/17)
d. Adoption of an Ordinance amending C hapter OR.D4915

14.02.0 10 of th e Bakersfield Municipal Code
relating to Water Use Regulations. (FR06/28/ln
Resolutions:
e. Resolution authorizing depositing of funds with RES086- 17

MUFG Union Bank.
f. Resolution to authorize Sole of Surplus Buick RES087- 17

Century sedan and Ford 500 sedan to
Bakersfield Homeless Cent er, a nonprof it
organ ization far $2,100.
g. Resolution determining that Globe® turnout

clothing is the Bakersfield Fire Department
standard and it cannot be reasonably
RES088-17
J
ob tained thro ug h the usual bidding procedure s
and authorizing th e Finance Director to
dispense with bidding thereof. not to exceed
$1 11,650.
h. Resolution determining that Sulfa Treat, an RES089-17

absorbent media for removing H2 S (hydrogen
sulfide) from digester gas, ca nnot be
reasonably obtained through 1he usual bidding
procedures and authorizing the Finance
Director to d ispense with bidding thereo f for a
period of one year. not to exceed the
budgeted amount of $200,000.
I. Resolution supporting the con tinued federa l RES090•17

funding of the Com munity Development Block
Grant (CDBGJ and Home Investment
Partnerships [HOME} programs.
J
COB000105 424
Bakersfield, California, July 19, 2017 - Page 7 2878
a. CONSENTCALEN0AR continued A~TIQN TAKE~
L j. Sewer connection ond cons tructio n fee

assessments for I 01 North McDonald Way:
RES091-17
I. Resolution confirming assessmentsfor
sewer con nec tio n and co nstruct ion fee!
and auth orizing he co llec tion of
assessments by the Kern Coun ty Tax
Collector .
2. Agreemen t WithGuada lupe Alaniz to AGR 17-091

pay sewer connec tion a nd cons1ruction
fees throug h the Kern Coun ty Tax
Collector.
k. Resolutions to odd territo ries to the

Consolidated Maintenance Distrlct a nd
approving, con firming, and adop ting the Publlc
Works Director 's Report for ea c h:
Area 1-118 (281O Mosasco Street) RES092-11

1.
2. Area 4- 167 (4201 Arrow Street ) RES093-r7
l Agreemc,,nls:
AGR 17-092
I. Agreement with C0un ty of Kem and ESO
Solutions, Inc .. for the implementation of
electronrc patient 0are reporting system
(e PCR).
m. Agricultural lea se agreemen t with Dono !d L. AGR 11·'093

o nd Morgar et Schulte DBA Schulte Forms tor
property located at northeast corne r of
Cot to nwood and Hoskirig Roads.
n. Assig nmen t of Bakersfield Municlpal Airpor t AGR 17-094

Long -Term Ground Lease Ag reemen t No, 06-
360 as ame nd ed by Agreemen t No. 08-061 with
Knute. Johnson and Penelope D. Moines
ossigning Hangar Space 83 to Dennis Cheever.
0, Ap proval of a Settlement Agreement between AGll 17-095

1he City of Bakersfield and Bakersfield City
Schoo l District reg arding traffic impacts on
l proposed new eleme ntary school loca ted a t

East Belle Terrace ond Cottonwood Rood .
COB000106 425
'l 8 7 9 Bakersfield, California, July 19, 2017 - Page 8
8. CONSENTCALENDARco ntinued ACTIONTAKEN
p. Median Fee Reimbursement Agreement with

summit Capita l Ventures, Inc., (not to exceed
$41.597) for median construc tion and
landscap ing on Old River Road between
AGR 17-096
J
Berkshire Road and Panama Lane .
q. Final Mop, Improvement Agreement, and AGR 11-097

Landscape Improvemen t Agreement with MG3 AGR 17-098
Partners, LLC. For Tract/Par ce l Map 6759, Phase
l located South of Taft Highway and East of
Ashe Road .
r. Fino! Map, Improvement Agreement. and AGR 11-099

Landscap e Ag reement with Gateway Housing, AGR 17- 100
LLC. for Tract/Pa rcel Map 6865, Phase 2
located North of East Panama Lone and West
of Sparks Street.
:s. Fina l Map and Improvement Agreeme nt with AGR 17-101

Summit Capital Ventures, LLC and John Balfanz
Homes, Inc. for Tract/Par ce l Map 7247, Phase 1
loca ted South of White Lane and West of
t.
Buena Vista Rood.
Final Map and Improvement Agreement with AGR 17-102

J
Summit Capito l Ventures, Inc. and John Balfanz
Hornes, Inc . for Tract/Parcel Mop 7247. Phase 2,
located south of White Lone and west of
Buena Vista Road.
u. Agreement with Cleon Cut Landscape AGR 11-103

Management Inc . ($60,000;one year terrnl for
landscape maintenance services at
Wastewater Treatment Plant No. 3.
v. Agreemen t with Cali fornia Water Service AGR 17-104

Co mpany ($54,702) to purchase real property DEED8697
loca ted on Truxtun Ave nue for the Truxtun/ Oak DEED8698
Widening Projec t.
W. Agreement with NSA Property Holdings. LLC AGR Jl-105

[$430,640) for possession , use, and acqu isition of
real prop erty at 3301Trvxtun Avenue for the
Truxtun/Oak Widening Project .
J
COB000107 426
Bakersfield, California, July 19, 2017 - Page 9 2 8 80
8. CONSENTCALENDARcontinued A~IIQN TAKEN
l x. Cor1sulta nt Agreement with Mendoza &

Associates ($163,070.88;funded with federal
Earmark Fvnds {88.53 percent} ond Capi tal
AGR17-106
Outlay Utility/Roads Fund {11.47 percent)) for

Co nstruc tion Management Services for th.e SR-
l 78 Widening Projec t.
y. Utility Agreement with PG&E {$421.197; 100 AGR 17- 107

percent Local Funds) for the relocation of
electric fdcilltles ln confhc1 with the Truxtun
Avenue Operational Improvements Project.
z. Pipeline Crossing Agreement with th e Union AGR 17-108

Pacific Railroad Company (not to exceed
$11,500) for a domestic waterline .
aa . Amendment No. 1 to Agreement No. I 6-181 AGR 16-181(1)

wilh Alon Aspha lt Company ($160,000;revised
not to exceed $321.250and extend term one
year}. to continue the supply of CSS, l H
asphaltlc emulsion.
[ ob. Amendment No. l 1o Agreemen t No. 16-184

with General Tree Service Inc. ($625,000; revised
AGR 16-184(1)
not to exceed $1,248,000 and exte nd term one

year), to continue the supply of tree trimming
service.
oc . Amendment No. 2 to Agreeme nt No. 15-203 AGR f 5-203(2)

with Interna tional Coatings Com pony Inc .,
($140,000; revised not to exceed $424,813.75
and extend the term one year) , to con tinue the
supp ly of traffic pa int.
od. Ame ndment No. 3 to Agreement No. 14-140 AGR 14-140(3)

with BASFCorporation ($120,000; revised not to
exceed $480,000and extend term one year) to
provide polym er for dissolved air flota tio n
thickeners ot Wastewater rreatmen t Plant No,
3.
l
COB000108 427
2881 Bakersfield, California,July 19, 2017 - Page 10
8. CONSENTCALENDARconti nued ACTIONTAKEN
ae. Amendme nts to various consultant agreements

for on-coll civ il engineering services for the
Public Works Deportment , Wastewater Division:
J
1. Amendment No. 2 to Agreement No. AGR 15-173(2)
15-173with Provost and Pritchard
Engineering Group , Inc. ($50,000; revised
not to exceed of $160,000 and extend
term one year) .
2. Amendment No. 2 to Agreement No. 15- AGR 15-174(2}

174 with Carollo Engineers, Inc. ($50,000;
revised not to exceed of $120,000 and
extend te rm one year) .
of. Amendment No. 3 to Agreement 12- 120 with AGR 12-120(3)

TYUn Internationa l ($125, 123.01; 100 percent
locally funded; revised not to exceed
$3,390,123.01} for survey and monumentotion
services otter construc tion. (TRIP)
ag . Contrac t Cha nge Order Nos. 42, 45, 57. 58, 61, AGR 14-241
62. 63, 65, 67. 71, 72, and 74 to Agreemen t No.
14-241 with Security Paving Compa ny (net
increase of $53,401.00; revised not to exceed
cco 42. cco
cco 57, cco
cco 61. cco
cco 63, cco
45.
58
62
65
J
$84,481,672.10; Change Orders funded with
Federa l Earmark Funds {80 percent} and
cco 67. cco 71
cco 72, cco 74
Capi tol Outlay Utility/Roads Funds {20 perce nt})
for the Beltwa y Operational Improvemen ts
Project. (TRIP)
PropertyAcqufsltronAgreements • TRIP:
Bids:
ah. Reject bids for the pu rc hase of an articulated

four-wheel drive load er for the Public Works
Departm en t, Solid waste Division.
ai. Acce pt bid and approve co ntract wit h Interior AGR 17-109
Demolition , Inc . ($42 , 168; 88.53 perc ent
fed erally funded , 1l .47 per ce nt local ma tch
funded with utility surcharge fees). for the
demolition of imp rovements along 24th Street:
2400 Pine Street. (TRIP)
J
COB000109 428
2 882
Bakersfield,California, July 19, 2017 - Page 11
[ oj. Accept b id and award contract to Sierra

Construct ion & Excavation , Inc . (not to exceed
AGR 17-110
$1,000,000 annually ; three year term) for the

annual maintenance and repai rs of the
potable water system w ithin the City's domesti c
water service area.
ak . Accept bid and approve contract to Granite AGR 17-111

Construction Company ($5,973,333.26) for the
annual contract for the supply of street
mater ials.
a l. Installa tion of traffic signa l, lighting , and

sync hronization system at Union Avenue and
Berkshire Road:
1. Accept b id and approve c ontrac t with AGR 17-112

Loop Electr ic Inc. (not to exceed
$211,126) for constructio n of project.
2. Appropriate $50,000 in Capitol Out lay

[ Department's Capi tal Improv ement
Budget .
Miscellaneous:
SuccessorAgency Business:
am. Receive and file Suc cessor Agency payments

from June 16, 2017, to July 6, 2017, in the
amoun t of $2, 143,822.00.
Counci lmember Freeman le ft the meeting at this time.
Motion by Councllmember Weir to adopt Consent APPROVED

AB SMITH.FREEMAN
Calendar items 8.a. through 8,am ,
Public Hear ing to consider o resolution orde ring RES094-17
a.
the summary vacation of a portion of o Waiv er
of Direct Access on Stoc kdale Highway and
Allen Road , and also a portion of Stree1 Right of
[ Woy along the frontage of 12702 Stockda le

Highway, Lot 1'Ai' of Lot Line Adjustment No. 15-
0411.
COB000110 429
'l 8 8 3 Bakersfield,California,July 19, 2017 - Page 12
9, CONSENTCA~~NOAR
PUB~IC::
HEARINGScontinued TAISEN
ACTION
b. Public Hearing to consider a Resolutio n oroering

the vocation of Presidio Woy between
Bucc aneer Bay Str~et and Coffe e Rood ,
RES095- 17
J
RES096~r7
c. Public hearing on Resclution of Necessity to
determine the public interest ond necessity for
acqu isition of ce rtain real property by em inent
(Code of CMI Procedure § J245.2301located at
S05 Malibu Co urt, Bakersfield, CA 93309 (APN
020-522-05) ICPN ,87510).
d. Public hearihg on Resolution of Necessity to RES097-11

determine the pub lic interest and necessity fo r
domain for the Centennial Corridor Proj ect
(Code of Civil Proc edu re § 1245.230) located at
3209 Mona Way, Bakersfield, CA 93309 (APN
l 49~250- l 5) (CPN 87713).
e. Public hear ing on ,Resolution of Necessity to RES098,17

determine the public inte rest ond necessity for
acqu isition of certoin real property by eminen1
domain f.orthe Centennial Corrido r Project
!Code of Civil Procedure§ 1245.230)located at
J
806 Wible Rood , Bakersfield , CA 93304 (APN
148-240-39) (CPN 8771r).
f. Public hear ing on Resolution of Neces sity to RES099-17

determine the p ublic interest and necessity for
ocquls ition of certain rea l property by eminent
doma in for the Centennial Corridor Project
800 Wible Rood, Bakersfield. CA 93304 (APN
l-48J240-01) (CPN,87718).
g. Public hearing on Resolution of Nece ssity to RES100-17

determine the plJblic interest and necessity for
acquisi tion of certain real propert'y bY eminent
domain for the Cen tennial Corrido r Project
4301 Mar ello Way. Bakersfie ld , CA 93309 (APN
020-482-29) (CPN 87538).
J
COB000111 430
2 8 84
9. CONSENTCALENDARPUBLICHEARINGS ACTIONTAKEN
[ h. Public hearing on Resolution of Necessity to

determine the public interest and ne cessity for
RESlOJ-17
acquisit ion of certain real property by emi ne nt

Project jCode of Civil Procedure § 1245.230)
located at 1815 24tlil Street, Bakersfield, CA
93301 (APN003- 12 1~05}.
i, Public hearing on Resolution of Necessity to RES102-11

determine the public in1erest and necessity for
ocqu isitlon of certain real property by eminent
domain for the 24th Street Improvement Project
(Code of Civil Proced ure § 1245.230) loca ted ol-
2322 Beech Street , Bakersfield, CA 93301 (APN
003-040-10).
Assistant City Clerk Dr,mokis announced a staff

memorandum was received regarding if ems 9.c.
through 9.i.. stoting the Resolutionswere revised in
order to replace the signature block of the former
Mayor with the current Mayor, and to add the
Co uncilmember names to the voting blocks.
[ Counai lmember Freeman returne d to t he meeting at this
tlme.
Consent Ca lenda r Public Heari ngs opened at

6:32 p .m.
No one spoke.
Co nsent Ca lendar Public Hearing s closed at 6 :33 p .m.
Motionby CouncllmemberWeirto adopt Consent APPRO'/f.O

Calendar PublicHearingiterns9,a. thr<,ugh9,I. ABSMrrH
10. HEARINGS
RES103-.17
d. Hearing to consider resolutions termina tir.ig the
RES104-11
ColiforniaFIRST,E3. Flgtree. HERO,and Ygrene RES105-17
Prop erty Assessed Clean Energy (PACEJ RESl06- l7
programs In Bakersfield. {Stoffrecommend, odoptfon /lES 101- 17
of the resolutions.
)
l
COB000112 431
2 885 Bakersfield,California, July 19, 2017 - Page 14
10, HEARINGS cont inued ACTIONTAKEN

Assista nt City Clerk Drimak is announced ema il

correspondence. in support of the PACE
progra m. was rece ived from: Dustin Reilich:
J
Car los Lopez: Sandra Rando lph ; Teresa Rizo;
Rod Dole; Evlondo Coope r; and Ric ha rd Sharp;
co rrespo ndence in opposit io n to the PACE
program was rece ived from: Robin Ablin; Bob
Hayworth ; and B.W. Shipman ; one e ma il was
received from Kevin Hduber regarding PACE
educa tion: and two p hone ca lls were received,
one in suppor1 of t he prog ram a nd one in
oppasi iion.
City Ma na ge r Tandy made sta ff comments and

provided o Powe rPoin t presen ta tio n.
Hearing item 10.o. opened at 6:47 p.m.
The following individ uals spoke in opposi tion to

the staf f recommenda tion: James Ham ill.
Managing Director with C alifornia Statewide
Commun ities Development Author ity; Laura
Booker ; Diana Crisp; Diane Swan: Denise
Padilla ; Eddie Casi llas; Amalia Perez; Ma rcus
Beale. owner of Inter Faith Electric and Solar;
Don Lanier, Northw est Exte riors; Brian McCart y,
J
Kern County Accoun t Manager for the HERO
Prog ram ; and Marvin Dean.
Mayor Go h recessed the meet ing at 7:04 p.m . a nd

reconve ned the meet ing at 7:09 p.m.
The following indiv idua ls spoke in support of t he

staff recommendation: Sherry Ant his. Bakersfield
Association of Realtors (provided a PowerPoint
presenta tion); Valerie Slater; Jea nne Radsick;
Robin Rossi, Loa n Officer with Summit Financial
Services: Melissa Dominguez : Jon Busby: Nick
Ortiz, Grea te r Bakersfield Chamber of
Com merce : and Mike Turnipseed.
Dustin Reilic h, Renova te America HERO

Program [submitted written material and
prov ided a PowerPoint prese ntation) and
James Hamill spoke in rebu ttal opposi tion to the
staff recom mendation.
J
COB000113 432
2 8 86
Bakersfield, California,July 19, 2017 -Page 15
10. HEARIN~Scontinued ACTION TAKEN

ITEM10,o, CONTINUED
[ The following lndiVlduols spoke ih rebwttal

support of the s1-affrecommendation : Robin
Rossi;Sheri Anthes~and Judy Camp .
Hearing item 10.a. closed at 7:37p.m .
Molfon by Councilmember Sullivanto suspend

futurePACEloansIn the City for 60 days. to
provide staffthe opportunity to draft a
participatory agreement Incorporating
addttlonol oversfght ·and restrictions consistent
with lmprqvem ents anticipated by $tale and
federal law; and return for Council
conslderaflon.
Motion by Councllmember Weir to approve APPROVED

staff's-recommendation and adopt the AB SMrTH
Resolutions.
Motion by Councllmember Sullivan to direct FAILED
NS GONZALES.WEIR
.
s.far, to explore the possiblllty
of p(lrflcipatory
FREEMAN.PARLIER
agreements and returnfo; Council A8 sMrrH
consideration.
[ Mayor Goh recessed the meeting at 8:24 p.m. and

reconvened the rneetihg at 8:35 p,m.
b. Public Hearing to consioer resolution adopting RES108-17

fees pursuant to the cost recovery system.
(Defened from the 06/07/ J7 meeting.) (Staffrecommends
adopffonof the re!olutfon.J
Assis
1ant City Clerk Drimakis annownced a staff
r,emorandum was received. transmitting
additiono l lntormation on this i'tem.
Commun ity Development Director Kitchen

r,ode stoff commen ts.
Hearing Item l O.b. opened at B'.36 p.m.
No one spoke in opposit ion to the staff

recomme ndation.
COB000114 433
2 ae7 Bakersfield,California, July 19, 2017 - Page 16

ITEM l O,b . CONTINUED
The follow ing individuals spoke in suppo rt of the

staf f recommenda tion: Dave Drnohowski.
represen ting the Home Builders Association o f
J
Kern County; Scott Thaye r, Cast le and Cooke;
and Roge r Mc Intosh. Mc Intosh and Associat es.
Hearing item 10.b. closed a t 8:46 p.m .
Motion by Councllmember Weirto adopt the APPROVED

Resolution
. A8 SMrrH
c. Public Hea ring to conside r Zone Change No.

17-0047; Mc Into sh & Associates. representi ng
C ity Lights. LLC and Ma rkCh ris Investme nts, LLC
(property ow ners). is p roposing ozone c hange
from a PCD (Planne d Comme rcia l
Development) too C-2 {Regional Co mmerc io!)
zone on 36.41 ac res loc ated between State
Route 178 and Mall View Rood. approximat ely
one -third mile west of Oswe ll Street. Protect
CEQA has appealed the Planning ·
J
C ommi ssion's decis ion reg arding the proposed
M itigated Negat ive Decl arat ion. (Statr
rec ommends approval of the re sofuflon and tlrstreadi ng
ot the ordinance .)
RES109-17
1. Resolution d e nying the appeal a nd
adopting a Neg at ive Decla ration with
Mitiga tion Measures.
2. First read ing of ord inance em e nding the FR

Officia l Zoning Map in Tit le l 7 the
Bakersfield Mu nicipal Code by c hanging
th e zone d istrict from a PCD {Plann e d
Commercial Deve lopm ent) to a C-
2/PC D (Regiona l Cornme rc ial/P!on ned
Co mme rcia l Deve lopmen t Co mbining)
zon e on 36.41 ac res. subjec t to
co nditions of opp rova l.
Assist ant City Cle rk Drimakis ann ounc ed ema il

corres p ondence was receive d from Be tty
Phillips. ln supp ort of t he East Hills Ma ll project.
J
COB000115 434
BakersfielQ1 California, July 19, 2017 - Page 17 ?. 8 8 8
10. HEARINGScont inued ACTIONIAKEN

10.c. CONTINUED
ITEM
[ Community Development Director Kitchen

made staf f comments arid provided o
PowerPoint presentotiof1.
Hearing item 10.c. opened at 8:53 p.m.
Andrew Grundman, Executive Director tor

Protect CEQA, spoke in opposition to the
staff recommendation and submitted written
material.
Thefollowing individud ls spoke In support of the

staff recommendation: Steven Atlee, from Po(k
& Velayos LLP,on beha lf of the owners of tme
property City Ughts LLC and Mark Chris
Investments LLC; Roger McIntosh, from
McIntosh and Associates, representing City
Lights LLCand Mark Chris Investments LLC
(submitted written materia l)i and Dennis Fox.
Hearing item 1O.c. closed at 9;09 p.m.
Motionby Counc11member Weirto adoptthe APPROV~D

[ Resolullonond give flrstreading of the
OrdinQnc~.
ABSMITH
11. REPORT~
None.
12. DEFERRED
BUSINESS
None .
13. NEW BUSINESS
None.
14. COUNCILAND MAYORSTATEMENTS
Councilmember Genz.ales made comm ents regarding

the Downtown Street Ambossodor program and
expressed appreciation for the contributions to this
progror, made by former Mayor Hdrvey L. Hall.
Mayor Goh also expressed gratitude for Cynthia

Lake, for funding the initial pilot program for the
l Dowr1town Street Ambassadors.
COB000116 435
2889 Bakersfield, California, July 19, 2017 - Page 18
14. COUNCILAND MAYORSTATEMENTS

continued ACJIQNTAKEN
CouncllmemberParlierrequested staffcontact
Coltran$regarding clean-up of the followingfreeway
interchanges:Taff Highway; Panama Lane:and White
J
Lane.
Councilmember Sulliva n announced ne xt Thursday is

the 6 1tt Annive rsary of the odoption of our nationa l
motto ·•1n God We Trust": stated there are over 670
cities and counties across the country disp laying this
motto. with 133 be [ng in Colifornia: the ce lebration will
be held at the Marriott Hote l a nd advised anyone
interested in attending the event to co ntac 1 her for
more informa tion,
15. ADJOURNMENT
Mayor Goh adjourned the meeting al 9: 17 p.m.
J
ATTEST:
C ITY c~ Officio Cle rk o f

J
COB000117 436
AGENDA
MEETING OF SEPTEMBER 6, 2017

REGULARMEETING- 3:30 PM
1. ROLLCALL
3. WORKSHOPS
4. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session
pursuant to Government Code section 54956.9(d)(1) Emilio Tarango v.
City of Bakersfield U.S.D.C. Eastern District Case No. 1:16-CV-00099-
LJO-JLT
b. Conference with Legal Counsel - Potential Litigation; Closed Session
pursuant to Government Code section 54956.9(d)(2),(e)(1) (two matters).
6. ADJOURNMENT
COB000118 437
MEETING DATE: 9/6/2017 Closed Session 4. a.

FROM: Virginia Gennaro,City Attorney
DATE: 8/15/2017
WARD:
SUBJECT: Confereneewith Legal Counsel - Existing Litigation;Closed Session
pursuantto GovernmentCode section 54956.9(d)(1)Emilio Tarangov.
City of BakersfieldU.S.D.C. Eastern District Case No. 1:16-CV-00099-
LJO-JLT
BACKGROUND:
COB000119 438

FROM: Virginia Gennaro,City Attorney
DATE: 8/9/2017
WARD:
SUBJECT: Conference with Legal Counsel - Potential Litigation; Closed Session
pursuantto GovernmentCode section 54956.9(d)(2),(e)(1)(two
matters).
BACKGROUND:
COB000120 439
2 872
BAKERSFIELDCITYCOUNCIL
[ ,
MINUTES
Council Chambers. City Hall, 1501 Truxtun Avenue
Regular Meefl ngs- 3:30 p.m. and 5:15 p.m.
MEETING- 3:33 p.m.

REGULAR ACTIONTAKEN
1. ROLLCALL
Present: Mayor Goh, Vice -Mayor Smi1h,
Councilmembers Rivera. Gonzo les. Weir.
Sullivan. Parlier
Absent: None
2. PUBLICSTATEMENTS
None.
3. WORKSHOPS
None.
CLOSEDSESSION
a. Conference wi t h Legal Counse l - Existing
Litigation; Closed Session pu rsuant to
Government Code sect ion 54956.9(d)(l) Emilio
Tarango v. City of Bakersfield U.S.D.C. Eastern
District Case No. 1:16-C V-00099 - LJO- JLT.
b. Conference with Legal Counsel - Pote ntia l

Litigation; Closed Sessionpursuant to
Government Code section 54956.9Id)12).(e) ( 1)
(two matters).
Motion by Vice-Mayor Smithto adjourn to Closed APPROVED
Sessionat 3:34 p.m.
Motion by Councllmember Weirto adjourn from APPROVED

Closed Sessionat 5:16 p.m.
Meetingreconvened al 5:19 p.rn.
l
COB000121 440
2873 Bakersfield,California, September6, 2017 - Page2
5. CLOSEDSESS
ION ACTION ACTIONTAKEN
STAFF
WASGIVEN
litigation; Closed Session pursuant to
Government Code section 54956.9{d)( 1) Emilio
Tarango v. City of BakersfieldU.S.D.C.Eastern
DIRECTION
J
District Case No. 1:16-CV-00099-LJO~JLT
Conference w ith Lega l Counsel - Potentia l NO REPORTABLE

b. ACTIONON FIRST
MATTER:
STA.FF
WAS
Government Code sect ion 54956.9(d) (2}, (e )( 1l GIVENDIRECTION
(two matter~). ON SECONDMATTER
6. ADJOURNMENT

5:20 p.m.
REGULAR
MEETING-5:21 p.m.
1. ROLLCALL
Present: Mayor Goh , Vice-Mayor Smith,

Councilmembers Rivero. Gonzoles, Weir,
Absent:
Freeman . Sullivan. Parlier
None
J
Mayor Goh acknowledged students from the Bakersfield
College Political Science class, California State University
Bakersfield Governmen t class. Boy Scouts Troops 484. and
Boy Scouts Troop 415 In attendance at the meeting to learn
about City government.
2. INVOCATIONby Pastor Leonard Mancini, Bakersfield

Living Word Foursquare Church.
3. PlfDGE OF ALLEGIANCEby Flint Sheffield. Liberty High

School senior .
4. PRESENTAT
IONS
a. Presentation of a proclamation by Mayor Goh
to Keith Brice, the 2017 John Brock Community
Service Award Recipient. declaring September
7, 2017,''Keith Brice Day."
J
Mr. Brice accepted the Procl amation and
made comments.
COB000122 441
Bakersfield,California, September6, 2017 - Page 3 2 8 74
4. PRESENTATIONS
con tinued ACTION TAKEN
.
~
.'. b. Presentation of o proclomotlon by Mayor Goh
to Kern County Fair Chie f Executive Officer,
Mike Olcott. dec laring September 20, 2017,
through Oc tob er 1, 2017, Kern County Fair Days.
Mr. Olco tt accepted the Proclamation and

mad e commen ts.
5. PUBLICSTATEMEN
TS
a. Mike Mares, District Manager for Ca lifornia
Wate r Servlce Company , exp lained that the
proposed wa ter rate inc rease on the agend a
will on ly af fe c t residents that are served by the
City's w ate r system; resid en ts that are served by
Cal Water system will not be affected by this
particular rote inc rease; and submitted written
ma terial.
b. Mayf Nutter invited the C ity Cou nci l to the

wo rld premiere of the film Victory by
Submission at Christ Cathedra l C hurc h, on
Thursday, September 7t11;and submi tt ed written
[ c.
material.
John Wilson, businessowner at 2012 11E" Street ,
expressed his co ncern regarding the problem
his business has experienced with homeless
peop le littering and threatening to harm the
emp loyees; and submitted writt en materia l.
d. Robert Miller expressed co nce rn with th e

amount of b oot hs arou nd town offe ring free
ce llular phones .
e. Mark Rogers. representing Argo Chemica l,

spoke in opposition to the staff
reco mm enda tion on ite m 8.w., to reject all bids
for an annual co ntract to supply Sodium
Hypoch lorite; and submitt ed wriHen material.
6. WORKSHOPS
a. Rood Repa ir and Accountab ility Act of 2017
[Senate Bill1) Implementati on Plan Overview.
Public Works Director Fidler a nd Recreation and
l Porks Director Hoover made staff co mments

and p rov ided a PowerPoint presenta tion.
COB000123 442
2 8 75 Bakersfield,California, September6, 2017 - Page 4
7. APPOINTMENTS ACTION TAKEN
8.
None.
CONSENTCALENDAR J
Mlnules:
o. Approva l of minutes of the August 16, 20 17,
Regular City Council Meeting.
Payments:
p. Receive and file department payments from
August 4. 2017, to Augu st 24. 2017, in the
amount of $19.402,856.72, Self Insurance
payments from August 4, 2017. to August 24,
20 I 7, in the amount of $646,154,00, totaling
$20,049,010.72.
Ordinances:
C. First reading of an ordinance amending FR
Bakersfield Municipa l Code Section 1.12.030 by
adding Annexation No. 67 1 consisting of 30,001
square fee t located along the south side
of Norris Road , generally east of Calloway Drive
and Annexa tion No. 674 consisting of 1.15 acres
Highway, approximately 500 feet west of Po1ton
J
Woy to Ward 3.
Resolutrons:
d. Resolution co nfirming app roval by the City RES120•17
Manager designee of the Chlet Co de
Enforcement Officer's Report regardi ng
assessmentsof ce rtain prope rties in the City for
which structures hove been secured against
entry or for the abatement of ce rtain weeds,
debris. and waste matte r. and authorizing
collection of the assessmen ts by the Kern
Co unty iax Co llec tor.
RES121-17
e. Resolution approving the submission of an
applicat ion to the California Department of
Transportation for matching State funding for
an improvem ent project at the Bakersfield
Municipal Airport und er Airport Improvement
Program Project No. 3-06-0323-020-2017,
accepting the a llocat ion of matching State
funding, and authorizing the City Manager or
designee to execute all necessary documents.
J
COB000124 443
Bakersfield,CaJifornia, September 6, 2017 - Page 5
2 8 76
8. CONSENTCALENDARcont inued A~TIQtiIA~Eti
[ f. Resolution au thorizing payment (no t to exceed

$1,500,000) to the San Joaquin Va lley Unified Air
Pollution Cont rol District fo r the implementation
REMOVEDFOR
SEPARATE
CONSIDERAT
ION
of the vo luntary emissionsreduc tion ag reeme nt
fo r the Cente nnial Corridor Projec t.
g. Resolution determining that a Ca terpilla r RES123-17

excavator can most efficie ntly be obta ined
through cooperat ive procurement bidd ing
procedures from Quinn CAT, Bakersfield, and
wlth bidd ing th ereof, not to exceed $295,000.
h. Resolution determining th at Go-4 is the only RES124-11

t hree-wheel parking con trol vehicle to meet the
needs of the Bakersfield Police Department.
Traffic Division. and it can no t be reasonab ly
obtained through the usual bidd ing procedure s
a nd a utho rizing the Finance Director to
d ispense with bidding thereof , not to exceed
$38,000.
i. Sewer con nection fee assessment fo r 1808

[ Faxon Aven ue:
1. Resolution confirm ing assessment fo r RES125-11

sewer connec tion fee and au th orizing
th e co llec tion of assessment by the
Kern Cou nty Tax Collec tor.
2. Agree ment with Allison B. Gobbell to pay AGR 11-129

the sewer co nnec tion fee through the
Kern Cou nty Tax Collector.
j. Inspection , maintena nce, and repa ir of the

liquefied nat ural gas (LCNG) fue ling fadlities
loca ted at the Corpo ratio n Yard and South Mt.
Vernon Aven ue:
Resolution determining thot inspection , RES126- 11

l.
maintenance . and repair servic es for the
LCNG fueling facili ties cannot be
reasonably ob tained through the usual
b iddin g procedu res and authorizing the
Finance Direc tor to dispense with
b idding therefore and procure
l inspection , maint enance , and repa ir

services for the LCNG fue ling fac ilities
th rough Clean Energy.
COB000125 444
2 877 Bakersfield, California, September6, 2017 - Page 6
8. CONSENTCALENDARcon tinued ~tTION T~~EN

ITEM8.J. CONTINUED
2. Agreement with Clean Energy (not to

exceed $200,000 over a three-yea r term)
to perform inspections. maintenance ,
AGR 17-130
J
and repairs of the LCNG fueling facilities.
Agreements:
k. Transportation impact fee credit agreement AGR 17-131

with Summit Capital Ventures , Inc . (not to
exceed $129,732.61) for co nstructio n of
improvements on Old River Road along the
frontage of Tentative Tract Map 6825.
AGR J7-132
I. Fino! map and improvement agreement with
Summit Cap ital Ventures. Inc. for Tract 6853,
Phase 4 located east of Calloway Drive and
north of Langley Road.
m. Planned sewer area reimbursement agreement AGR 11-133

with MG3 Partners. LLC for cons truc tion of sewer
line improveme nts on Ashe Rood north of Taft
Hwy/SRl 19.
n.
o.
Pipeline crossing agreement with Sunset
Railway Company for a domestic waterline.
Encroachment permit agreement with

AGR 11-134
AGR 11-135
J
Rosedale-Rio Bravo Water Storage District {no
fee permit) to allow access onto property,
earthwork, and use of borrow material within
the Allen Road Basin area for the Brighton Park
wall along the Westside Parkway .
AGR 11- 136
p. Consen t to common use ag reemen t with
Pacific Gas and Electric (no compensa tion) for
the Sewer LiftStation Project at 24th Street and
Oak Street.
q. Cooperat ive agreement with Coltrons for the AGR 11·131

Belle Terrace Project , a part of the Centennial
Corridor Project. (TRIP)
r. 1.2.3-Trich lorop ropan e (TCP)Mitiga tion Project:
1. Agreement with Bakersfield Well & Pump AGR 17-138

to conve rt 12 pumps to water lubricated
pumps .
J
COB000126 445
Bakersfield, California, September 6, 2017 - Page 7 2 8 78
ITEM8.r. CONTINlJED
l 2. Appropr iate $ 1.100,000 in Fund Balan ce

to the Water Resources Capif a l
Improvement Progrd m budget withfn
s. Amendment No. 1 to Agreement No. 17-002 AGR 17-0020)

with Trans-West Security Services Inc. ($20,000;
rev ised not to exceed $88,223), for co ntinu ed
park security services .
t. Bakersfield Amtrak Railway :
Amendment No. 1 to Agreem ent No. 13- AGR 13-150(1}

1.
150 with Niemeyer & Associates1 P.C.
($50,000: revised not to exceed $200,000;
and to extend the term of agreement
to June 30, 20 18) to provide railroad
track inspection services.
2. Amendment No. l to Agreement No. 13- AGR 13·200(1)

200 with RoilWorks Track Services, Inc .
($65,000; revised not to exceed $165,000)
to provide for maintenance and repair
[ u,
services for the Amtrak Railway .
Contract Change Order No.1 to Agreement

No. 16-267 with Cen-Cal Construction Inc.
($23.166.25; revised not to excee d $271,893.75)
for the Frank West Elemen tary Sidewa lk
Improv e me nts Project .
Contract C hange Order No. 3 to Agreement AGR 17-042

v. CC03
No , 17-042 w lth Klassen Corporation ($12,490.57;
revised not to exceed $2.l 82.237.47) fo r
construction of the Mesa Marin Sports Comp lex
Phase II Project.
PropertyAcquisitionAgreements - TRIP:
8lds:
w. Reject bids for an annual contract to su pply REMOVEOFOR
Sodium Hypochlorite for Wastewater Treat ment SEPARATE
Pla nt 3. CONSIDERATION
X. Extend bid from Mullah ey CDJR, Paso Robles,

California, and authori ze the replace m ent
l ($146,561.45) of seven full size ha lf-ton pickup

truc ks for the Water Resources , Recreation
and Parks, and Public Works Depa rtm en ts.
COB000127 446
----- ·-···---
8. CONSENTCALENDARcon tinued ACTIONTAKEN
y. Bakersfield Municipal Airport - North Taxilane

Pave ment Reco nstruction Project:
AGR 17-142
J
1. Accept and approve Base Bid a nd
Additive Alternate No. 1 with Granite
Construction Co . ($548,805) for said
proj ect.
2. Appropriate $21,380 in General Aviation

Department's Capital Improve ment
Program budget for said project.
Miscellaneous:
z. Appropriate $4,400 contrib utions from the

Bakersfield Foundation to the Police
Department Opera ting Budge t within the
General Fund to offset the costs of the K-9trials
event he ld .June 23-24. 2017.
oa. Appropriate $99.804 in Grant Assistance

Program funds from th e California Department
of Alcoholic Beverage Control to the Gene ral
Fund Police Operating Budget.
J
ab. Appropriate $35,000 from FirstFive Kern grant
revenue s to the Recreation and Parks
Operating Budget w ithin t he General Fund to
provide a water safety education program
(Make -A Splash}.
ac. App ropr iate $150,000 in Transportation

Developme nt Fund balance to the Public Works
Deportment's Capital Imp roveme nt Program
budge t to fund prelimi nary eng ineering
services neces sary to reserve right- of-way for
thr ee future project sites (El Toro Viejo at tt,e
Burlington Nort hern Santa Fe Railroad. West
Beltway at White Lane , a nd West Beltwa y at
Ming Avenue) .
J
COB000128 447
2 8 8O
Bakersfield,California, September 6, 2017 - Page 9
8. CONSENTCALENDARcont inued ACTION TAKEN
[ ad. Appropr iate add itiona l federal funds:

1. Appropriate $37.405in federal
Congestion Mitigation and Air Quality
Program {CMAQ} funds to the PubUc
Works Department's Capftol
Improvement Program budget withi n the
SAFETEA -LU Fund for a traffic signal.
lighting . and synchronization system
project on Union Avenue ond Berkshire
Road.
2. Appropriate $249,620in fede rol Regional

Surfoce Transportation Program (RSTP)
funds to the Public Works Department's
Capital Improvement Program budget
within the SAFETEA-LUFund for a
pavemen t rehabilitation project on P
Street from Brundoge Lane to California
Avenue.
SuccessorAgency Business:
memorandum was received regarding item 8.w ..
transmitt ing copies of two bid protests and staff
comments.
CouncllmemberRiverarequestedthat Item 8.f. be

removed for separate consideration. .
CouncllmemberWeir requestedthat Item 8.w. be

APPROVED
Motion by Vice-Mayor Smithto adopt Consent
Calendar Items 8.a . through 8.ad., with the removal of
Items8.f. and 8.w. for separate consideration.
f. Resolution authorizing payment !not to exceed RES122• 17

$ l ,500,000) to the San Joaquin Valley Unified Air
of the voluntary emissionsreduction agreement
for the Cen tenn ial Corridor Project.
Motion by Councllmember Rivera to adopt APPROVED

Consent Calendar Item 8.f.
COB000129 448
___ _________________
.... .... , _ ......
2881 Bakersfield,California, September 6, 2017 - Page 10
8, CONSENTCALENDARcon tinued ACTION

TAKEN
J
W. Reject bids for on annual cont ract to supply
Sod;um Hypoc hlorite for Wastewater Treatment
Plant 3.
Motion by CouncllmemberWeirto adopt APPROVED

ConsentCalendar item 8.w.
a. Public hear ing on resolution adopt ing increases REMOVEDFOR

in water rates to the City of Bakersfield's SEPARATE
Domestic Water Servfce Area. CONSIDERATION
SEE
PAGE 11
b. Public hearing on resolution of necessity to RES128-17

determine the p ublic interest and necessity for
!Code of Civil Procedure § 1245.230) located at
229 Chester Avenue and 136 Haybert Court,
Bakersfield, CA 93304 (APN 011-111-09 & 011-
111-37) (CPN 87690).
C. Public hearing on resolution of necessity to RES129-17

determine th e publlc inte rest and necessity for
ac quisition of cer tain rea l property by eminent
domai n for the Cen tennial Corridor Project
J
(Code of Civil Proced ure § 1245.230) loca ted at
300 South Garnsey, Bakersfield, CA 93309 (APN
149-232~01) (CPN 87664).
d. Public hearing on resolution of necessity to RESJl0• 17

determ ine the pu blic inte rest and necessity for
acquisition of cert ain rea l property by em inen t
domain for th e Centennial Corrido r Project
(Code of Civil Procedure§ 1245.230) loca ted at
215 Williamson Woy. Bakersfield, CA 93309 (APN
149-232-02) (CPN 87666).
e. Public hearing on resolution of ne c essity to RESJlJ · J7

determi ne-th e pubUc interest and necessity for
domain for the Cen tennia l Corridor Project
(Cod e of Civil Procedure§ 1245.230)loc ated at
720 Wible Road , Bakersfield, CA 93304 (APN
l 47- 112-07) (CPN 87720).
J
COB000130 449
9. CONSENTCALENDAR
PUBLICHEARINGS ACTION f AKEN
E f. Public hearing on resolution of necessity to

acquisition of certa in real properly by em inent
RES132-17
Project (Code of Civil Procedure § 1245.230)

located at 1401 23rd Street, Bakersfield, CA
(APN 005-411-09).
RES133-17
g. Public hearing on resolution of necessity to
domain for the 24th street Impr ovemen t
Project [Code of Civil Procedure§ 1245.230)
located at 2323 Elm Street, Bakersfield, CA (APN
003-021-01).
Consent Ca lendar Public Hearing items 9.a. through
9.g. opened at 6:15 p .m.
Consent Ca lendar Public Hearing item 9.a. was
removed for separate consideration .
Consent Calendar Publfc Hearing items 9.b. through

9.g. c losed at 6:16 p.m.
Motion by Vice-Mayor Smithfo adopt Consent APPROVED

Calendar PublicHearingItems 9.b. through9.g.
10. NGS
HEARi
a. Public hearihg on resolutio n adopting increases RES127-11

in water rotes to 1he City of Bakersfield's
Domestic Water Service Area. {Staffrecommends
Qdoplionof the resolution.}
Assistant Clty Clerk Drimak is announced notic es

were mailed to offeded 42,045 customers; a
total of 144 letters and thre e phone calls were
received in opposition to th e water rate
increase.
pre sentation .
The following individual s spoke in opposition to
the staff recommenda tion: Ric hard Hograph,
l Bakersfield Teo Porty; Richard Felix; James

Lungil; Johnny Aloguez; Vio la Ga llegos; Jean
C laude Bonillo; and Jaime Jarro .
COB000131 450
2883 Bakersfield , California, September 6, 2017 - Page 12
10. HEARINGScontinued ACTIONTAKEN

ITEM 10.a . CONTINUED
No one spoke in suppor t of the staf f

recommendation. J
Hearing closed at 6:58 p.m.
Motion by Vice-Mayor Smithto adopt the APPROVED

Resolution.
11. REPORTS
None.
12. DEFERRED
BUSINESS
None.
13. NEWBUSINESS
a. Resolution authorizing the Issuance and sale of RES134-17

Domestic Water Revenue Bonds Series 20 17A, AGR 17-139
not to exc eed $25,000,000 in aggregate AGR 17•140
AGR 11-141
principal amoun t for the City of Bakersfield ,
California. approving a Master Trust Inden t ure ,
a First Supplementa l Trust Indenture. Preliminary
and Final Official Stat ements, a Bond Purchase
Contract and a Continuing Disclosure
Certificate. and authorizi ng and directing
J
additiona l actions in connection with respect
the reto .
Finance Direct or Smith made staff c omment s.
Motion by Vice-Mayor Smithto adopt the APPROVED

Resolution.
14. COUNCILAND MAYOR STATEMENTS
Councilmember Riverarequested staff work with the

Kern County HistorfcPreservationSociety on Installing
HistoricRoute99 slgnage.
Councilmember Parlierrequested staffcfean around
the freeway exit at Ming Avenue before the beginning
of #heKernCounty Fair.
Councilmember Sullivan made c omments regarding

the film Victory by Submissio n and remin d ed every o ne
1hot th e pre mier is tomorrow nig ht a t 7:00 p.m .. at the
Christ Cathedral Church .
J
COB000132 451
Bakersfield,California,September6, 2017 - Page 13
2 a a4
15. ADJOURNMENT ACTIONTAKEN
Ii Mayor Got, adJournedthe meetrngat 7:06 p.m.
2',,1Jil_
MAYORof t he Cityofoke~d. CA
ATTEST;
CITY ~ ExOfficio Clerk ol

the Council of tt.ie City of Bakersfield
E
COB000133 452
2 885 Bakersfield, California,September6, 2017- Page 14
****THIS PAGEINTENTIONALLYLEFT BLANK0 ••
J
COB000134 453
AGENDA
MEETING OF SEPTEMBER 6, 26, 01

07 ROLL CALL .
67 PUBLICSTATEMENTS
.7 3 ORKSV'OPS
H7 CLOSED SESSION
a. Conference with Legal Counsel - Initiation of Litigation; Closed Session
pursuant to Government Code section 54956.9(d)(4) (one potential
Issue).
b. Conference with Legal Counsel - Potential Litigation; Closed Session
pursuant to Government Code section 54956.9(d)(2),(e)(1) (three
matters).
47 CLOSED SESSIONACTION
57 ADJOURNMENT
COB000135 454
MEETING DATE: 9/20/2017 Closed Session 4. a.
TO: HonorableMayor and City Council

FROM: Virginia Gennaro, CityAttorney
DATE : 9/7/2017
WARD:
SUBJECT: Conferenee with Legal Counsel - Initiationof Litigation;Closed

Session pursuantto GovernmentCode section 54956.9(d)(4) (one
potential issue).
BACKGROUND:
COB000136 455
FROM: Virginia Gennaro , City Attorney
DATE: 9/7/2017
WARD:
SUBJECT: Conference with Legal Counsel - Potential Litigation ; Closed Session
pursuant to Government Code section 54956 .9(d)(2),(e)(1) (three
matters).
BACKGROUND:
COB000137 456
2886
l MINUTES
Regular Meetings - 3:30 p.m. and 5:15 p .m .
REGULAR
MEETING- 3:30 p.m . ACTIONTAKEN
1. ROLLCALL
Present: Mayor Goh , Vice - Mayor Smith,
Councllmembers Rivero , Gonzales, Weir,
Sullivan [seated at 3:32 p.m.} , Parlier
Absent: None
2. PUBLICSTATEMENTS
None.
3. WORKSHOPS
None.
[ 4. CLOSEDSESSION
a. Conference with Legal counsel -Initiation of
litiga tion; Closed Session pursuant to
Government Code sect ion 54956.9(d)(4) (one
potentlol lssue).
b. Conference with Legal Counsel - Potential

Government Code section 54956.9ld)(2),le}ll)
{three matters) .
Motion by Vice-Mayor Smith to adJoumto Closed APPROVED

Sessionat 3:3 l p.m. .A8SULLIVAN
•
The Closed Sessionmeeting was adjournedat
5:17 p.m.
COB000138 457
Bakersfield , California, September 20, 2017 - Page 2
2 887
5. CLOSEDSESSIONACTION ACTIONTAKEN
a. Conferen ce with Legal Counsel- Initiation of UNANIMOUS

Litigation; Closed Sesslonpursuant to
Government Code section 54956.9(d)(4) (one
potential issue).
MOTION8Y
COUNCILTO
PROCEEDAS
RECOMMENDED
J
Litigation; Closed Sessionpursuant to ACTIONON ALL
THREEMATTERS
Government Code section 54956.9(d)(2),{e)(l )
(three matters).
6. ADJOURNMENT

5:21 p.m.
REGULAR
MEETING-5:22 p.m.
1, ROLLCALL
Present: Ma yor Goh . Vice-Mayor Smith,
Absen t :
Co uncilmembers Rivera, Gonzales. Weir.
Freemon , Sullivan , Parlier
None
J
2. INVOCATION by Pastor Tom Touchstone, Executive
Pastor of the Valley Bible Fellowship.
3. PLEDGEOF ALLEGIANCEby Brendan Guerro .

Senlor from Bakersfield High Schoo l, and Chief Master
Sergeant in ROTCAir Force.
4. PRESENTATIONS
a. Presentation of a Proclamation by Mayor Goh

to Jennifer Henry. Executive Director of Linksfor
Life, declaring October. 2017, Paint the Town
Pink Mon th in Bakersfield .
Ms. Henry accepted the Proclamatio n, made

comments , and prov ided a handout to th e
Council and staff.
J
COB000139 458
Bakersfield,California, September 20, 2017- Page 3 2 888
4. PRESENTATIONS
continued ACTION
TAKEN
f b, Recognition by Human ResourcesAna lyst

Collins and Recreation and Parks Specialist
Beck to the recipients of the 2017 Excellence in
Actfon Award , Extra Mile Award, and
the Shining Team Achievement Recognit ion
Awqrd for their outstanding services.
Excellence ir:iAction Award s recipients :

Sandra Duncan, Human Resources Clerk ;
Sarah Hunley, Accounting Supervisor; Sco1t
Standr idge , fire Battalion Chief; Kelsey Taylor ,
Community RelatloriisSpecialist; Connie
Huddleston. Accol!Jnting Clerk II; Robert
Manuel , Solid Waste Supervisor II: Ines Tolentino 1
Construction Inspector I; Sergio Zambrano ,
lraffic Painter II; Laura Rosales, Service
Maintenan c e Supervisor; kimber1y Aleman ,
Accounting Clerk II; Joe Navarro . Business
Manager; Buffie Kaiser, Administrat ive Analyst
!not present) ; Matthew Smith, Fire Engineer [not
present); and Georgina Lorenzi, Assistant to the
Public Works Direc tor. (not present).
[ The recipient of the Shining reom Achfevemen1
Recognition (S.T.A.R.J Awo(d wos the Public
Works Department Wastewater Division:
Andre ,w O'brie n; Yvette Roldan; David
Weatherly ; Tony Bernard Jr. (not present} .; and
Jaime Mendoza (not present} .
l he extra Mile Award for 2017 was presented to
the Bakersfield FireDepartment Swift Water
Rescue Teom : Chief WIiiiam Ballard; David
Seibt: Chris Eucce ; Randall Woodard (not
present); Paul Hitc hcock (not present); and
Codi Adams ,
s. PUBLICSTATEMENTS
a. The following Individuals expressed cohcern
regarding New BusinessItem 13..a ., relating to
commercia l canndbis activity: Gabriel Godi nez:
T.J. Esposito; Michael Turnipseed, Kern County
Tax Payers Association; Heather Epps, Kern
Citizens for Patient Rlghts; Allison Bohannon
[ (submitted written moteria l); dnd Martin Smith,

Industrial Partners.
COB000140 459
2889 Bakersfield, California, September20, 2017 - Page 4
6. WORKSHOPS ACTION
JAK'EN
a.
J
Open Budget Demonstration.
Assistant City Manager Huot provided a

demonstration of the Open Budget Portal.
7. APPOINTMENTS
None.
8. CONSENTCALENDAR
Minutes:
a. Approval of minutes of the September 6, 2017,

Regular Council Meetings .
Payments:
August 25, 2017, to September 7, 2017. in the
payments from August 25, 2017, to September
7, 2017, in the amount of $345,798.51, totaling
$30,144,772.65.
Ordinances:
c. Adoption of an ordinance amend ing ORD4917

J
Bakersfield Mu nicipa l Code Section 1.12.030 by
square feet located along the south side of
Norris Road, generally east of Calloway Drive
and Annexa tion No. 674 consisting of 1.15 acres
located along the south side of Roseda le
Highway , approximately 500 fee t west of Patton
Way to Ward 3. (FR09/06/17)
Resolutions:
d. Resolution ide ntifying vendors. healt hc are plans

and rates for Citywide health insurance plan s
for e ligible active and retired employees for the
2018 plan year.
e. Resolution authorizing the City to apply for the flES136-17

Edwa rd Byrne Memorial Justice Assistance
Grant (~136,611l from the U.S. Deportment of
Justice.
J.
COB000141 460
Bakersfield,California, September 20, 2017 - Page 5 2 890
8. CONSENTCALENDARcontinued ACTION
TAKEN
l f. Resolution determining that Autoscope Rack

Vision Terra Video Detection Systems cannot be
because of the need to integrate said systems
RES137-17
into existing traffic signal infrastructure and

with bidding therefore, not to exceed $205,000
for Fiscal Year 2017-18.
g, Resolution determining that certain Pierce RES138-17
Manu facturing fire 1ruck parts cannot be
b idd ing procedures and author izing t he
Finance Director to dispen se with bidding
therefore and purchase Pierce Manufacturing
fire truck parts through South Coast Fire
Equipment, not to exceed $240,000 over d
three -ye ar term .
h. Resolution determin ing that MUSCO Sports RES139-17

Lights con most efficient ly be obtained through
cooperative procurement bidding procedures
from MUSCO and authorizing the Finance
[ Director to dispense with bidding thereof, not to
exceed $550,000.
I. 2017 transporta tion funding package: REMOVEDFOR

SEPARATE
1. Resolution amending th e Fiscal Year
CONSIDERA7ION
2017-18 Capitol Improveme nt Program
budget ond appropriating additiona l
Capital Improvement Progra m projects
to be funded with Senate Bill 1, The Rood
Repair and Accountability Act, and
au thorizing the Public Works Director to
submit said list to the California
Transportation Commission.
2. Appropriate $2.100,000 of Senate Bill 1
Program budget with in the RMRA Fund
and tran sfer $643,978 of funding
[ Gas Tax fund to fund the rood

identified in Exhibit A to the resolution.
COB000142 461
'l 8 9 1 Bakersfield,California, September20, 2017 - Page 6
8. CONSENTCALENDARcont inued A~IIQN TAK~~

ITEM8.1.CONTINUED
3. Appropr iate $433,774 loan repayme nt

Depo rtment 's Capital Improvement
J
Program budget within the Gos Tax Fund
a nd transfer $166,226 of funding
c urrently approp riated for the Street
Resurfacing Cap ita l Improvement
Program budget wi thin the Gos Tax to
fund the reconstruct ion of Monitor Street
from Fairview Rood to White Lone.
4. Transfer $738,978 of Cap ita l Outlay funds

cur rently budgeted as the loca l mot c h
Projects to fund the following projects :
Cityw ide Tree Replacement ($560,000);
Robobank Arena Radio Upgrade
($75,000): Soundwall Landscaping
Improvement s • Hosking Avenue Area
($60,000); Hosking Interchange Bridge
j. Resolutions of inten tion (ROls)to odd the

following areas to th e Consolida ted
Maintenance District and preliminar ily
J
approving. confirming, a nd adopting the Public
Works Director's Reports:
1. ROI No. 1932 add ing Area 3-103 (Tract ROI 1932
7304/NE of Berkshire Rood and Old River
Rood ) - Ward 5
2. ROI No. 1934 add ing Area 4-170 (5900 ROI 1934
Comanche Drive) - Ward 3
3. ROINo .1 935odd ingA reo4 -171 (301-313 ROI 1935

Dr. Martin Luther King Jr. Boulevard) -
Ward 1
4. ROI No. 1936 adding Area 5~86 (4500 ROI 1936

Hughes Lone) -Ward 7
Agreements:
k. Ag reement with COMMUNE Inc. ($75,000} for AGR 17-143

the Insta llation of a two-way radio system a1
Rabobonk Arena , Theater , and Convention
Cen ter. J
COB000143 462
Ba.kersfield, California, September20, 2017 - Page 7 2892
8. CONSENT
CA~ENDAR
continued ACTION!AKEN
l L City physician services ag reements:
1. Agreement with Centra l Vo lley

Occ upatlon0I Medical Group. Inc. lnot
AGR J7.,744
to exceed $100,000 annua lly ; three yea r

term) .
2. Agree ment with Vernon C. Sorenson. AGR 17~145

M .D. DBA Memorial Occupationa l
Medicine (not to exceed $100,000
an nua lly; three ye ar term ).
m. Professional engineering services agreement for

the 1,2,3-Trichloropropane !TCP)Mitiga tion
Project:
1. Agreement with Meyer Civil Engineering/ AGR 17-146

Inc., for professional engineer ing :Services
for the TCP Mitigation Project (not to
exceed $2751000).
2. App ropria te $275,000in fund balan ce to

the Water Resources Caplta l
[ Improvemen t Program budget within

n. Amendment No. 2 to Agreement No. 13- 165 AGR 13-165(2)

w ith Bakersfield Society for the Preventi(!)nof
Cruelty to Anima ls for th e management of the
City's Animal Care Center.
o. Amer.)dment No. 4·to Agreemen t No. 14-272 AGR 14-:272(4}

with Equarius Waterworks, Meter & Automati on
Group !$100,000; revised not to exceed
$816,229.29 and exte nd term one year) for the
conti nued supply of wa ter me ters.
p. Amendme nt No. 1 to Agreement No. 15-219 AGR 15,~19(r)

with BC Labora tories ($50,000; revised not to
exceed $200,000 a nd to extend term o ne year)
to provide laboratory services for the Public
WorksDepartment. Wastewate r Division .
q. Amendmen t No. 1 t.o Agree ment No. 16-220 AGR J6-220{T)
wi th Tate 1s Janitoria l Service {$5·1,135; revis~d
not to exceed $98,935 and exte nd term one
year ) fo r the contjnued supp ly of ja nit·onal
l service at the Amtrak Station.
COB000144 463
8. CONSl:NTCALENDARcontinued ACTION TAKEN
r. Design/build agreement for the 1,2,3 -

Tric hloropropane {TCP)Mitigation Project:
1. Amendment No. 2 to Agreement No. AGR 17~084(2)

J
17-084 ($1,000,000;revised not to exceed
$2,839,662) for design and construction
costs ossociated with the TCP Mitigat ion
Project.
2. Appropriate $1,000,000 in fund ba lance

to the Water Resources Ca pital
Improvement Program budget with in
the Domest ic Water Fund.
s. Contract Change Order Nos. 3, 4, 5, 6, and 7 to AGR 17-044

Agree ment No. 17~044with Security Poving CCC 3, CC04
Company ($134,049.80: revised not to exceed CC05, CC06
$41,293,271.90;change orders funded 80 CC07
percent with Federal Earmark funds and 20
perc e nt with Capito l Outlay Utillty/Roads funds)
for the Kern River Bridge Improvement Project.
(TRIP)
PropertyAcquisitionAgreements - TRIP:
t. Contract Change Order No. 1 to Agreement

No. 17-067with Interior Demolition ($19,260; not
AGlt 17-067
cco'
J
to exceed $177,622) for demolit ion of
improvements for Phase 20 of tt1e Centennial
Corridor Project.
Bids:
u. Extend bid from Go lden State Pete rbilt,

Bakersfield, ($1,363,835.56) for four replacement
three-dx le side-loading refuse trucks for the
Public Works Deparlment, Solid Waste Division.
v. Extend bid from Golden State Peterbilt.

Bakersfield, {$331,329.71) for a replacement
four-axle front -loading refuse trucks for the
Public Works Department. Solid Waste Division.
w. Extend bid from Golden State Peterbilt,

Bakersfield, {$356.585.12) for an additional fo ur-
ax.le side-loading refuse truck for the Public
Works Department , Solid Waste Division.
J
COB000145 464
2 894
8. CONSENTCALENDARcon tinued ACIION

TAKEN
[ x. Accept bid from Johnson Equipment

Compa ny, Perris,California, ($94,378.66) to r
Code 3® light bars and accessories .
y. Accept and approve co ntract with Ga l-Strip e AGR f 1- 141

Inc . ($79,5~9.20) for the construction of Remove
II Program : Bicycle Lane Improvements Project
jvarious locotions) .
z. Accept bid and approve contract with

Calirornla Professional Engineering, Inc.
($462,027.50),for the Traffic Signa l lnterconneci
Part 14 Project on Stockdd le Highway from
Allen Road to Coffee Road.
Mlseetloneous:
SuccessorAg~nc;yBusiness:
AssistantCity Clerk Drimakisa nnounced staff

memorandums were received regarding Items 8.a.
and 8.e ., transmitting correc ted documents .
[ CouocllmemberRiverarequestedthot Item 8.1.be

removed fo1 separate consideration
.
APPROVED
Motion by Vice-Moyor Smithto adopt Consent
Calendar ftems 8.a. tflrough8.z.. withthe removal
1'em8.1.for separate consideration.
o,
I. 20 17 transportation funding package:
l. Resolution amend ing the fisca l Year .RES140- 11

2017- 18 Capital Improvement Prograrn
budget ond opprop riating addit ional
Capital Improvem ent Program projects
to be funded witn Senate Bill l , The Road
Repair and Accountab ility Act . o nd
authorizing the Public Works Direc tm to
submit said list to the Ca lffornia
Transportot ion Commission.
COB000146 465
2 895 Bakersfield,California, September 20, 2017 - Page 10
8. CONSENT
CALENDARc ontinued A~T!OHTAKEN
11E
M 8.i. CONTINUED
2. Appropriate $2.100,000 ot Senate Bill l

Department's Capita l Improvement
J
Program budget with in the RMRAFund
to r the Street Resurfacing Capital
GosTaxFundtofundtheroad
identified in Exhibit A to the resolution .
3, Appropriat e $433,774 loan repayment

Department 's Capital Improvement
and transfer $166.226 of funding
4. Transfer $738.978 of Capital Outlay funds

currently budge ted as the local match
J
Rabobank Arena Radio Upgrode
($75,000); Soundwall Landscapi ng
($60,000): Hosking Interchange Bridge
lmprovemen1s ($43.978).

Consent Calender lte-m 8.1.1.,8.i.2 .• ond 8.f.3.
Motion by CouncllmemberSullivanto continue

Consent Calendar Item 8,i.4.
Motion by Councllmember Weir to adopt APPllOVED
Consent Calendar Item 8.1.4. NOESRIVERA
9. CONSENT
CALENDARPUBLICHEARINGS
None ,
J
COB000147 466
2 896
Bakersfield, California, September20, 2017 - Page 11
10. HEARINGS ACTIONTAKEN
I 11.
None.
REPORTS
None.
12. DEFERRED
BUSINESS
None .
13. NEWBUSINESS
a. Firstread ing of an ordinance adding Sections FR

17.04.129and 17.04.154 and amending Section
17.08.050of the Bakersfield Municipa l Co de
relating to Co mmercia l Cannabis Activity.
City Attorney Gennaro made staff co mment s

and provided a PowerPoint presentofi on.
Motion by Vice-Mayor Smith to approve the APPROVED

staff recommendation and give firs#reading of NOESRIVERA
the Ordinance.
[ 14. COUNCJLAND MAYORSTATEMENTS
None.
15. ADJOURNMENT
Mayor Goh adjourned the meeting at &:56 p.m.
MAYOR of the City of akersfield, CA
ATT
EST:
~
C JTYCLERKand ExOfficio Clerk of
the Counci l of the City of Bakersfield
COB000148 467
2897 Bakersfield, Califo rnia, September 20, 2017- Page 12
-!n'r-nm-IIS PAGEINTENTIONALLY
LEFT BlANK-1.-!rl:-.
'(
J
COB000149 468
From: Chris Huot <CHuot@bakersfieldcity.us>
Date: October 5, 2017 at 10:05:36 AM PDT
To: Karen Goh <kgoh@bakersfieldcity.us >, Willie Rivera <priveraw@gma il.com>,
Andrae Gonzales <andraeg3000@gmail.com> , Ken Weir <ken@weircpa.com>, ''Bob
Smith" <Bobsm ith727@me.com >, "brucefreeman1949@gmail.com "
<brucefreeman 1949@gmai l.com>, Jacquie Sullivan <jacquie@libertystar.net>, Chris
Parlier <chrisparlier@sbcglobal.ne t>
Cc: Alan Tandy <atandy@bakersfieldcity.us>, "Virginia \"Ginny\" Gennaro"
<vgennaro@bakers fieldcity .us>, Nelson K Smith <nsmith@bakersfieldcity.us>
Subject: Closed Session Presentations
Good Morning Mayor and Coun cilmembers ,

A request has been made to staff to provide copies of the presentations regarding the
fiscal outlook matters that were discussed during closed sessions on July 19,
September 6 and September 20. Attached are the slides that were presented at each of
the closed sessions . Please let me know if you have any technical difficulties with the
attachments .
Please feel free to reach out to me directly if you have any questions .
Thanks ,
Chris Huot I Assistant City Manager

City of Bakersfield, CA
(661) 326-3751
CHuot@BakersfieldCity.us
COB000150 469
470 COB000151
City of Bakersfield
Five Year Budget Projections of Revenues and Expenses
471 COB000152
Overview
Councilmember Smith requested revenue and cost budget
projections for the next five years
Cal PERSretirement costs continue to escalate year after year
Medical costs continue to rise as well
Staff have gone without Cost of Living adjustments (COLA) for 2-3
years
Major revenue streams ( property & sales taxes ) struggle to keep
pace with these issues and normal City growth needs.
Several assumptions need to be made in order to make multi -year
projections of both revenues and expenses
472 COB000153
Revenues
• Sales tax - increase by 3% each year
• Property tax - increase by 5% each year
• All other revenues - increase by 2% each year
• Future years assume General Fund will have $15 million of savings each year
• Revenues exceeding budget estimates/ cost savings due to vacant positions, etc.
Expenses
• Additional Positions - No new positions for the next 5 years
• Salary Increases - No Cost of Living increases for the next 5 years
• PERSCosts - increases based on CalPERSactuarial estimates
• Medical Costs - increase by 5% per year
• Workers Compensation Costs - increase by 4% per year
• All other expenses - increase by 2% per year
473 COB000154
Scenario #1- Results
venue/ ExpenseOverview
alSources
---
2017-18
~-- -
2018-19
I
I
'
$ 201,445,000$ 203,853,000$ 210,68
2019
-20
±
- 2020-21 -:-
2021
- -
-22
I 2022
-23
5,000 $ 217,795,000$ 225,196,000$ 232,900,000
I
alUses $ 201,445,000$ 208,885,000$ 216,078,000$ 223,185,000 $ 229,679,000$ 235,700,000
t Surplus/(Deficit)
- 0 $ .$
(5,032,0CJO) (5,393,000) $ ) $
(5,390,000 ,000) $
14,483 (2,800,000)
$
Conclusions
• Next Year's budget gap is estim ated at $5 million.
• Perm anent cuts (staffing reduction) in FY 18-19 would reduce gap in year 2 down t o
about $400,000
• PERScosts begin to flatten out in years 4 & 5; providing some budget relief.
• Staff does not believe that "no growth" in staffing and no COLA adju stments over
the past 3 years PLUSthe next 5 years look ing forwa rd is an acceptable set of
circumstances.
474 COB000155
Revenues - (same as before)
• Sales tax - incr ease by 3% each year
• Property tax- increase by 5% each year
• All other revenues - increa se by 2% each year
Expenses
• Additional Positions -Add 1% staff per year= 13 positions per year
• A mix of Safety and Misce llaneous staffing
• Cost of Living Increase (COLA)-1.5% per year for the next 5 years
• Other cost assumptions same as prior scenario
475 COB000156
Scenario #2 - iResults
evenu
e / Expense
talSources
Overview
2017-
--
18
I .
I
$ 201,445,000
201er19
-
$ 203,853,000
I
2019-20
-
$ 210,685,000
I
I
-L
I
2020-21
± I
2021-22 · 2022
-23
$ 225,196,000$ 232,900,000
$ 217,795,000
talUses
-- ,000 $ 240,696
$ 201,445,000$ 211,853,000 $ 221,685,000 $ 231,495 ,000 $ 249,400
,000
t Surplus/jDeficit) $ 0 $ 18,000,000) $ (11,000,000) $ [15,500,000)$ (16,500
$ [13,700,000) ,000)
Conclusions
• Next Year's budget gap grows to $8 million.
• FY 19-20 (year 2) budget gap is an additional $3 million
• Year 3 gap is an additional $2.7 million
Each Year it will be harder and harder to achieve
the $15 million fund balance assumption
476 COB000157
How do we solve the Gap?
•Either
•Cut Staffing Levelsor
. .
•Increase General Revenues
I
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COB000158 477
478 COB000159
Assumptions - Scenario #1
Revenues
• Property tax - increas e by 5% each year
• All other revenues - increase by 2% each year
Expenses
• Additional Positions - No new positions for the next 5 years
• Salary Increases - No Cost of Living increases for the next 5 years
• PERSCosts - increases based on CalPERSactuarial estimates
• Medical Costs - increase by 5% per year
• Workers Compensation Costs - increase by 4% per year
• All other expenses - increase by 2% per year
479 COB000160
City of Bake rsfiel d
S240;000.000
$235 ,700,000
Sl30 ,CIJO,OOO
$no.ooo
,ooo
S21D,OOO,
OOO
5200,000,000 S201,«s ;ooo
S190,000,000
5180,000.000
2017-18 201S-l9 2019-20 2020-21 wn.-n 2022 -23
- Total Sotntes - ToralU.ses
480 COB000161
r - - City of Bakersfi eld
Genera l Fund Revenue Det ail - Fiv e Year Budget Project ions
$250,000,000
$200,000,000
$150,000,000
$100,000 ,000
$50,000 ,000
S-
2017-18 201S-19 2019-20 2020-21 2021-22 2022-23
• Property Tax ■ Sales Tax ■ Other Taxes ■ license & Permits ■ Grants • Charges for Sen.ice ■ Fines&Assessments ■ MisceJ'aneous ■Tra:isfers In ■ Fund Balance
481 COB000162
I City of Bakersfield
Genera l Fund Expense Detai l - Five Year Budget Project ions
$250,000,000
$200,000,00'.l
S 150,000,000
$100,000,000
$50,000,000
L S-
2017-18
■ Salary & Benefits ■ Operating Costs
201S-19
■ Capital Outl ay
20~20
■ Retiree Medical
2020-21
■ Accrued Leaw payouts
2021-22
Other Non-<lepartmental
2022-23
■ Transfer5 Out
J
482 COB000163
City of Bakersf ield - General Fund
Salary & Benefits Deta il - Five Year Budget Proj ect ions
$200,000,000
S1so,ooo,ooo
S160,000,000
$140,000,000
S 120,000 ,000
$100,000,000
s~,000,000
$40,000,000
$20,000,000
S·
2017-lB 2018--19 2019-20 2020.21 2021·22 2022·23
■ Base (per,able) Salaries ■ O.:ertime ■ Active Medical ■ PERSCosts ■ Wor'<ers Compensation Other benefit costs
483 COB000164
Assumptions - Scenario #2
Revenues (same as before)
• Property tax - increase by 5% each year
• All other revenues - increa se by 2% each year
• Revenues exceeding budget estimates/ cost savings due to vacant pos itions, etc.
• Expenses
• Additiona I Positions - Add 1% staff per year= 13 positions
1
• 4 police; 2 fire; 7 misc.
• Cost of Living Increase (COLA)-1.5% per year for the next 5 years
• Other cost assumptions same as prior scenario
484 COB000165
Sources vs. Uses - Five Year Budget Projectio ns
$270,000,000
$ 249,400,000
5250,000,000
S 230,000 ,000
$210,000,000
S203,853 ,000
$201,44 5,000
$190,000,000
$170,000,000
$150,000,000
2017-18 2018-19
-
2019-20
Total 5ouree5 --
20:Z(H l
Total Uses
2021 -22
;,n -1
485 COB000166
r - City of Bakersfie ld - Scenar io #2
Genera l Fund Revenue Deta il - Five Year Budget Project ions
$ 250,000,000
$200,000.000
$150,000,000
$100,000,000
$50,000,000
l
s-
2011-1s 201s- 19 2019-20 202cH1 2021-22 2022-23
PropertYTax ■ Sales Tax ■ Other Taxes ■ l.ic.ense&Pefmits ■ Grants ■ Charges for Sen.ice ■ Fines & Asse~nts ■ Miscellaneous ■Trarisfers tn ■ FundBalance
486 COB000167
General Fund Expense Detail - Five Year Budget Project ions
$300,COO,OOO
$250,COO,OOO
$200,000,000
$100,000,000
$50,000,0JO
$-
2017-18 2018-19 2019-20 202!Hl 2021 -22 2022-23
■ Salary & Benefits ■ Opera ting Costs ■ Capital OJtlay ■ Retiree Medical ■ Accrued Leave payouts • Other Non-departmenta l ■ Transfef> Out
487 COB000168
City of Bakersfield - Genera l Fund - Scenario #2
Salary & Benefits Deta il - Five Year Budget Projections
$250,000,000
$200,000,000
$150,000,000
$100,000,000
$50,000,000
S-
2017-18 2018-19 2019-20 2020-21 2021-22 2022-23
■ Base (persable) Salaries ■ 0,ertime ■ Active Medical ■ PERSCosts ■ Workers Compensation Otherberu!fit costs
488 COB000169
Revenue Generation Discussion
7/19/2017
489 COB000170
Overview
Previous closed session discussion on topic led to Council's request f
additional information on the types of potential tax measures and revenu
estimates
Desire to wait until the Ward 5 election concluded
Discussion in response to reoccurring economic conditions which have n
allowed for any incremental expansion of services or staffing in response
community growth
CalPERSincreases
490 COB000171
Overview
Outside of the property tax, cities have authority to impose a broad range of taxes,
however. ..
Proposition 218 (1996) requires voter approval for all local tax increases
Kern County and City of Bakersfield voters/legislators historically have rejected the
concept of new or add itional taxes; however ....
November 2016 Local Election Results:
• Delano voters approved extension of 1% add-on sales tax
• Ridgecrest voters approved 1% add-on sales tax
• Wasco voters approved 1% add-on sales tax
• 7 of 8 Kern school bond measures passed, including countywide college dist rict bond ($502
million)
491 COB000172
Common Local Revenue Measures
Add-On Sales Tax
Parcel Tax
Hotel Tax
Business License Tax
Utility User Tax
492 COB000173
Types of Non-School Local Tax Measures
Sales November 2016
UtilityUser
HotelOccupancy-
BusinessLicense UtilityUsers
Parcel. GO Bond . Tax 8
Other
SatesTax
Special ,
- 213 ' i\
lvfajo,tty
"""...., Vote
\
BusnlicTax
BusnL icTax 30 \
Cannabis ,
Cannabis \ 38
Special 1
UtilityUsers Tax
Special 1
~ ParcelTax
BusnlicTox
HotelTax _/ 39 Other11
Special 6
PropTransfTax 2
GeneralTax Other 1
493 COB000174
General vs. SpecialTax Measures
General tax measure: approved by a simple majority - 50 percent plus one vote - if the t
revenue is designed to go into the general fund for unspecified use
Special tax measure: If tax is earmarked for a specific use or specia l fund, a two-thirds
supermajority vote is required for approval
Hybrid: general tax measure+ advisory measure
• Adv isory measure is a separate majority+ one ballot measure that specifies the use of the general tax
measure funds should that tax measure pass
Historical data shows general tax measures, regardless of type, have a 66 percent success rate
since 2001
Special tax measures, regardless of type, have a 47 percent success rate since 2001
494 COB000175
al Add-On Sales (Transactions and Use) Taxes
The transactions and use tax may be imposed at a rate of 1/8 t h cent (.125 percent) or a multip
the reof
The ordinance proposing the tax must be approved by a two-thirds vote of all members of t
City Council
Ballot measure costs are determined by several factors ; Expect $100,000+ in election costs
If for general purposes , the tax must be approved by a majority vote of the voters in the city
If for specific purposes, the tax must be approved by a two-thirds vote of the voters in the city
The maximum combined rate of transactions and use taxes in any location may not exceed
percent (not applicable in Bakersfie ld)
495 COB000176
If approved by voters, the new tax becomes effective the first day of th
first calendar quarter more than 110 days after the adoption of th
ordinance by the voters
• Example: November approval = coUections begin in April
Board of Equalization charges a one-time processing fee not to excee
$175,000 to implement the new tax district
BOE also charges ongo;ing administrative fees to remit the new sales ta
revenues to ttie City, dependent on a variety of factors (City .is charged
similar fee now for the base 1 percent)
496 COB000177
Add-On Sales (Transactions and Use) Taxes
68 City add-on sales tax measures active throughout CA as of April 2017
Local tax measure results from the November 2016 elect ion:
• The most common type of local revenue (non-school) tax measure was a gene ral
add-on sales tax measure
• 51 of the 59 general measures passed {86 percent)
• 15 of the 30 specia l measures passed (50 percent)
• 174 genera l sales tax measures on ballot; 116 passed (66 percent)
• 61 special sales tax measures on ballot; 27 passed (44 percent)
497 COB000178
Majority Vot,e. General Purpose
November 2016
Woo<!lind"" ~
\ West S.,a;imento
Saint Helena
ISanta Rosa County of Solaoo
.Vacaville•
Jsletol'I
F,1irb,, Pleasant kill
- Lafayette
"Sa11FranciSCo Tracy
Belmont -
Ccunty or San Mateo•
• Pass
Fail
.1 • 114cent
e1 12cert
cert
Cl 2016 Mich=! C-'>lcm....,
498 COB000179
Two-thirds Vote, Special Purpose
November 2016
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499 COB000180
County State Base Sales Tax Rate County Add -On Rate City Add-on Rat e Total Sale
y
Ange les Los Angeles 7 .25% 1.50% 0%
Diego San Diego 7.2.5% 0.5% 0%
Jose Santa Clara 7 .25% 1.50% 0 .2.5%
Francisco San Francisco 7.25 % 1.2.5% N/A*
sno Fresno 7.25 % 0.73% 0%
cramento Sacramento 7.25% 0.50% 0.50%
g Beach Los Angeles 7.25% 1.50% 1%
kland Alameda 7.25% 2% 0%
akersfield Kern 7.25% 0% 0%
he im Orange 7.25% 0.50% 0%
a Ana Orange 7 .25% 0.50% 0%
erside Riverside 7.25% 0.50% 0%
ckton San Joaqu in 7.25 % 0.50 % 1.00%
ula Vista San Diego 7.25 % 0.50% 0%
ne Orange 7 .25% 0.50% 0%
mont Alameda 7.25% 2.00% 0%
nta Oar ita Los Angeles 7.2.5% 1.50% 0%
n Bernard ino San Bernardino 7.25 % 0.50% 0.25%
des to Stanislaus 7.25 % 0.125 % 0%
tana San Bernardino 7 .25% 0.50% 0%
500 COB000181
The City currently receives 1 percent of the 7.25 percent sales and use ta
$63 million projected in FY 2017-18
No additional sales tax currently assessed beyond the 1 percent
Additional add-on sales tax allocated within General Fund is unrestricted
use
• New positions, programs and services
Potential revenue from an add-on sales tax measure varies based o
percentage of the additional sales tax
501 COB000182
l Add-On Sales (Transactions and Use) Taxes
Sales Tax Revenues - Base Rate+ Estimated Ad d-On
$140,000 ,000
$120 ,000 ,000
$100,000 ,00 0
$63,000,000
$80 ,000 ,000
$15,750,000
$60 ,000,000
$40 ,000,000
$ 10 0 $
$20,000 ,000
$0
0 .125 % 0.25 % 0.50 % 0.75 % 1%
■ Base Sales Tax ■ Add - On Estimate
502 COB000183
celTax
Local governments that may impose parcel taxes include cities, counties and special districts , such as schools, hospi
and public safety districts
Parcel taxes are imposed on parcels of property - sections of land identified by number by the assessor of each county
A parcel tax is different from a traditiona l ad valorem property tax , in that it is imposed on a per parcel basis, and is
based on the value of the property
• Not tax deductible
Based on either a flat per-parcel rate or a rate that varies depe nding upon use, size, and/or number of units on each par
Two-thirds vote of the public is requ ired to approve parcel taxes (no except ions)
Exemptions can be written into t he measure - senior citizens, undeveloped property , government property , low- inco
etc.
503 COB000184
el Tax
Among cities that enacted flat-rate parcel taxes between 2002 and 2012, the median was $60 per parcel
• The second most common type of local revenue (non -school) tax measure was a parcel tax:
• 23 of the 39 parcel tax measures passed (58 percent)
• 396 parcel taxes measures on ballot; 180 passed (45 percent)
Generally, measures for fire and emergency medical services were more successful than others
The most successful measures were more broad-based public safety measures which permitted use of the
funds for fire, medical and police services
115,000± indiv idual parcels within the City boundaries
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COB000185 504
505 COB000186
Involvement in Tax Measures
City can:
• Place a measure on the ballot
• Prepare an objective and fact-based analysis on the effect of a ballot measure on the City a
those the City serves
• Distr ibute the analysis through regular City communications channels {web site, Gen Info,
etc .)
• Study a ballot measure and distribute report about the impacts
• Make public presentations on staff recommendations in the event that the measure passes
or fails
• Adopt a position on the measure, as long as that position is taken at an open meeting where
public comment is receiv ed
506 COB000187
Staff and elected officials cannot:
• Engage in campaign activities on while on City time or using Cit y resources
• Use City resources (including office equipment, supplies, staff time, vehicles or public funds) to engage in advocacy-related
activities, including producing campaign -type materials, Door-to-doo r canvassing or performing campaign tasks
• Use public funds to pay for campaign-related expenses (for example , television or radio advert ising, bumper stickers , and
signs) or make campaign contributions
• Use City computers or email addresses for campaign communication activities
• Use City communication channels to distribute campaign materia ls (for example , internal mail systems, City bulletin board
or the City's email or intra net systems)
• Post links to campa ign websites on the City's website
• Give preference to campaign-related requests to use City facilities
507 COB000188
Timelines
General tax elections must be consolidated with a regular election of
the governing body (November 2018)
Special taxes may be on the ballot for a regular or special election
Consultant? Voter surveys?
City council must call election on measure 88 days before election
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510 COB000191
Reca
► Growth of major General Fund revenue sources lagging expenses
o'; Unlikely oil sector will rebound to 2014 levels in foreseeable future
Online retail sales impacting sales tax
► Significant known cost increases on horizo
,:- PERS
"' Healthcare
Utilities (electricity, water)
511 COB000192
Recap
► City continues to grow - service levels need to coincide
~ Council Goals and priorities focus on maintaining and enhancing
basic public services
,✓ Police, Fire, Streets, Code Enforcement
~· Emphasis placed on enhancing quality of life programs/services
~· Parks, Recreational Activities, Lighting, Beautification
Employees have not received any wage adjustment since 2014 o
2015, depending on employee group
512 COB000193
ownsizing and Adjustment
► City has taken difficult, comp rehensive and wide -rang ing steps to a lign
Ge neral Fund expenses with revenues :
.,_ FY 2014-15 : C ity received $2 million unanticipated state re imb ursem ent ,
otherw ise c uts were imminent
,., FY 2015-16: $10.4 m illion (deferred COLA adjustments , ne w equipme nt)
~ FY 2016-17: $4 .5 million (incl uding elimination of 13 fu ll time pos itio ns)
~~ FY 2017-18 : No significant d iscretionary increases allowed
► Serv ices , prog rams and full-time positi o ns have been reduced or
elim inated
~-- Non essen tial travel ban , temporary emp loyees , overti m e , tuition
reimbursement program , counc il contingency
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COB000194 513
514 COB000195
What More Can Be Done?
► All Position Hiring Freeze/Staffing Reduction
► ~.J,ustincluce ?ublic Safety (62% of General Fund)
► Further reduce levels of service, response times to non-urgent matter
► Freouency of basic services impacted further
1> Response times impacted
..- Retention and employee morale issues
► Close City Faciliti e s
► Fire Stations
► Community Centers
:,- Pools, Sproy Porks
► Stop expansion or planning efforts associated with new capital projects that ore
anticipated to have an operational impact on the General Fund
515 COB000196
ew Revenue Opportunities
► Sales tax measure
► Use can be unrestricted or defined - vo t er appro v al thresholds app ly
► $7 million to $50 million estimated to be generated annua lly
► November 2018
► Parcel tax
► Use is defined
► Normally a flat assessment, not based on property value
~ Requires 2/3rds vote (no exceptions)
$5 mill ion to $1 l m illion estimated to be generated ann uall y
November 2018
516 COB000197
eneral Fund and CIP Budgets
op 10 Cities
■
Population S Per Capita Capital Improvement
provement Budget ( 16-1
Rank
!city Adopted General Fund Budget {16-17) !General Fund
$ o_g
1 ~os Angeles I $ 5,580 ,000,000 $ 1,381
-- - -
2 San Diego 1,337,981,387 951 lL JQ.996.;
3 San Jose
- -!I 1,271,288,298 1,215 6
-
4 San Francisco * 4,859,781,042 5,559
-
5 Fresno II 294,265,000 560 0
6 Sacramento 438,834,000 890 LIOOO
7 Long Beach 47B,431 ,3n 996
I
8 Oakland 530,689,2 70 1,246 Q.
~
9 Bakersfield II 195,975,000 511
303,800 ,000
517 COB000198
ext Step
,~ Additional staff research and/or Council discussion
t-. If Council is interested in pursuing, early 2018 is recommende
target to begin formal process
r,,. Engage a consultant for survey research
~· Help provide the Council and staff with a clear understanding of the
opinions, perceptions, priorities, and behaviors of voters
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COB000199 518
519 COB000200
FOLLOW UP
• Overview of consultant services
• Additional budgetary information
• Detailed "Cut" Scenarios
• Gas Tax Information
• Timeline
520 COB000201
CONSULTANTS
• Consultants are typically utilized to perform two distinct
activities:
• Viability assessment/Polling services
• Non-advocacy outreach services
• Can be done by the same firm, different firms or a
partnership of two firms
• Normally done in stages
• Very common among cities considering placing a measure
on the ballot
521 COB000202
CONSULTANTS
• Viability Assessment/Polling Services
• Review of type of measure and amount of potential
measure
• Polling services can include · both telephone and web -
based questionnaires
• Generally takes 6 weeks to plan and conduct voter
surveys through e-mail and telephone questionnaires
• Sample size, type and length of questionnaire determine
costs: $50,000 to $70,000
522 COB000203
CONSULTANTS
• Viability Assessment/Polling Services
• Satisfaction with current City government services
• Perceptions of the City's management of tax dollars and provision of serv ices
• Support for a general purpose and/or special tax measure
• Support for various amounts of a tax
• A ranking of the importance of various services that the City could potentially
enhance with additional funding
• Reactions to major arguments for and against a measure followed by questions to
detect shifts in vote preferences
• Sources of informat ion voters use most often to inform themselves about major
issues in the community
• Comprehensive demographic characteristics
523 COB000204
CONSULTANTS
• Non-advocacy Outreach Services
• A non-advocacy public education program is designed to build
additional commun ity awareness prior to the election being called
• Provides information only, does not advocate for a baUot measure
• Normally implemented after polling is complete and prior to
placement of a measure on the ballot
• Outreach activities subside once measure is placed on the ballot
• Avoids potential conflicts in regards to using public funds to
advocate for tax measure
• Cost depends on scope of work: $50,000 to$ I00,000
524 COB000205
CONSULTANTS
• Non-advocacy Outreach Services
• Recommends and updates preparation and project action plan(s) and
timeline(s)
• Develop text copy for informational materials
• Recommend strategies to disseminate information , consistent with the
City's practices and advise on additional commun ications avenues to
disseminate its information, such as use of City website , social media and
traditional approaches
• Work with the City to provide clarifying or correct information to the
public as needed
• Provide ongoing advice as needed, including added value to the development
of staff reports, city resolutions , and ballot mater ials
525 COB000206
BUDGET PROJECTIONS
• Can staff provided more precise budget pro jections for a three year period looking forward?
• General Fund projections shared previously are based on historical revenue trends and
practical scenarios for expenditures moving forward
• Predicting more detailed budgetary projections is challenging due to ongoing, annual fluctuations
for a variety of primary revenues/expenditure items
• Revenues
• O il sector and retail (sales tax)
• Housing sector (development permits/fees)
• State action (positive or negative)
• Expenditures
• CalPERS: employer rates have fluctuated greatly year to year
• Healthcare: usage and state/federal policy impacts
• Utility rates: timing and rate adjustments from PG&E/CalWater
• Labor agreements: no cost of livingadjustments since 2014 or 20 I5. depending on the group
526 COB000207
• What are specific types of service-related cuts that will be necessary if a tax
measure is not successful?
• Staffing is the largest General Fund cost (81 % in FY 2017-18)
• The most impactful means to reduce ongoing General Fund spending is to reduce
personnel costs
• City remains 6% below pre-recession staffing levels
• Population has increased 15% since 2008 ; City area has grown 11% over same time
• Review vacant, full time positions for elimination - for example:
• Currently 70 General Fund positions vacant citywide (51 are within the police department)
• All Genera l Fund departments would likely be subject to further reductions
• Result: service levels, programs and response times would suffer
527 COB000208
• Other potential savings:
• Closure of fire station(s)
• Reducing firefighter positions does not result in budget savings w ithout closure of
a station
• Reduct ion of recreation programs and facility hou rs
• Increase time between certain non-essential act ivities - lawn mowing, streetscape
maintenance, striping , preventative street maintenance , facility maintenance and
upkeep
• Recommended service level reductions will be brought to the Council based on
consultation with each department as it relates to the level of cuts necessary
528 COB000209
GAS TAX
• $7.28 million budgeted in FY 2017-18 (not including SB I funds)
• $4 million for street resurfacing
• $3.1 million for Centennial Corridor
• $185 ,000 for White Lane Rehab Project (local match)
529 COB000210
Tl MELINE
• September/October 2017: Issue request for proposa ls for consultant
• November I5, 2017: Staff presentation at City Council Meeting - open session
• December 13, 2017: Award consulting firm agreement for viability assessment/polling
services; non-advocacyoutreach type activities(optional)
• December 2017 - February 2018: Voter Surveys/Focus Groups
• March 2018: Review survey results and determine next steps
• April 2018 - June 2018: Transition to non-advocacy outreach
• June 2018: Adopt and submit necessary resolution and items to the County Elections Office:
• Ballot Measure Text
• Ballot Question
• An impartial analysisto be submitted by the City Attorney
• November 6, 2018: Election Day
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COB000211 530
FIRST
AMENDMENT
COALITION
October 18, 2017

1600 Truxtun Ave.
City_Council@bakersfieldcity.us
NOTICE OF VIOLATIONS OF THE BROWN ACT (GOV. CODE § 54950 et seq.)

REQUEST FOR PUBLIC RECORDS (GOV. CODE § 6250 et seq.)
Dear City Council :
I write on behalf of the First Amendment Coa lition ("FAC") regarding multiple failures by
the Bakersfield City Council ("City Council ") to comply with th e requirements of
California 's open meetings law, the Ralph M. Brown Act , Government Code section
54950 et seq. (''Brown Act''). This letter serves as a demand to cease and desist the
practices constituting such violations. This letter also constitutes a request fo r records
pursuant to the California Public Records Act ("CPRA "), Government Code section 6250
et se q.
Please direct all correspondence to me at the following email address:

i
201 to consider and discuss wide -ranging issues relating to potential tax increases in
the City of Bakersfield (the "City"), as well as potentia l significant staffing cuts. As set
forth in the documents enc losed with this letter , city staff presented detailed and
thorough information regarding the City's finances , its financial outlook , the effect of
1 While FAC is prese ntly aware of these three closed sessions , it appears that similar closed
sessions may have taken place numerous time s , dating back to the beginning of the 2017. Any
set out herein.
COB000212 531
various forms of tax increases on t he city's financial outlook, and the effect of layoffs on
the city's financial outlook .
contain no reference to any of these topics. Instead , the City Council apparently
attempted to justify its wide-ranging discussion, in closed session, of the city's finances
and tax issues by agendi zing such discussion under the "anticipated litigation " exception
These closed -session meetings violated the Brown Act in a number of ways.
items it discussed in closed sessions. T he City's agendas for the July 9, September 6,
the City's finances . The Brown Act requires every agenda to contain a description of
each item of business to be discussed . (Gov . Code section 54954.2(a).) This is also
required for any item to be discussed in closed session . (Gov. Code section 54957.7).
agenda," and the body "may only consider those matters " that were included in its
statement of items to be discussed in closed session . (§§ 54957.7(a), 54954.2(a)(2).)
Second, any gen eral discussion regarding the City 's finances , such as the discussion
held in closed session at the July 9, Sept ember 6 and September 20 City Council
meetings , must be done in open session. Except wer e expressly authorized by statute ,
"no closed session may be held by any legislative body of any local agency." (Gov.
Code section 54962 .) "These exceptions have been construed narrowly ; thus if a
must be conducted in public regardless of its sensitivity ." (California Attorney General ,
described by the Attorney General , "The Legislature 's addition of section 54962
session." (88 Ops. Cal.Atty. Gen. 16 (2005).)
There is no exception to the Brown Act's open-meetings requirement which would allow
The City's refe rence to "anticipated litigation " provides no cover for such discussion .
"The purpose of the [litigation) exception is to permit the body to receive legal advice
and make litigation decisions only ; it is not to be sued as a subterfuge to reach
nonlitigation oriented policy decisions ." (7 1 Ops. Cal. Atty. Gen . 96, 104·105 (1988}.)
As the Attorney General opined within the first decade of the Brown Act's enactment ,
not appropriate for a closed session , because the public is entitled to know what this
514 FOUlllUUEU. SIIU I $AllUFlEL , CJ.14101 411.41 .H n1sn■ no■EITCllllTIO ... OI.
COB000213 532
advice is in order to evaluate the performance of the body. (36 Ops.Cal.Atty.Gen. 175
(1960).) The mere possibility that a body's action might be challenged in court provides
no basis to discuss the proposed action in closed session , since virtually any proposed
action could result in litigation - and, thus , under such a rationale virtually all proposed
actions would justify excluding the public. (71 Ops.Cal.Atty.Gen 96 (1988) ["to conclude
review ... would be tantamount to saying that any legislative body of a local agency
would meet in private on any matter , since, if they do not proceed in the manner
required by law, or somehow abLIse their discretion in doing so , they are subject to a
[the potential litigation exception]".)
"ant icipated litigation," but only where a point has "been reached where , in the opinion
of the legislative body of the local agency on the advice of its legal counsel , based on
existing facts and circumstances , there is a significant exposure to litigation against
the local agency." (§ 54956.9(d)(2).) Under Section 54956.9(e) , for purposes of holding
such a closed session, "existing facts and circumstances " are expressly limited to
potential plaintiff or plaintiffs , which facts and circumstances need not be
disclosed.
(2) Facts and circumstances , including, but not limited to, an accident,
disaster, incident, or transactional occurrence that might result in
litigation against the agency and that are known to a potential plaintiff or
plaintiffs, which facts or circumstances shall be publicly stated on the
agenda or announced .
(3) The receipt of a claim pursuant to the Government Claims Act. .. or some
other written communication from a potential plaintiff threatening
litigation , which claim or commu nication shall be available for public
inspection pursuant to Section 54957 .5.
(4) A statement made by a person in an open and public meeting

threatening litigation on a specific matter within the responsibility of the
legislative body.

534 fDUllll STIEET,HITCt UN UfAU . Cl 1 ♦101 • 41' .tH I FIISTA 1IElll ■EITCIAUTIDl.tRI
COB000214 533
available for public inspection pursuant to Section 54957.5 .
Therefore, any time a closed session is scheduled because there is a ''significant

exposure to litigation," the facts and circumstances must be made known to the public,
the agency is aware of something that is likely to prompt a litigation
threat- some accident, disaster, incident or transaction such as a contract
dispute-"the facts must be publicly stated on the agenda or announced"
session .


made the basis of a closed session unless the official who became aware
of it makes a memo explaining what was said. The memo is a public record
and "reference to the claim or communication must be publicly stated on
(California Attorney General, The Brown Act: Open Meetings for Local Legislative
Bodies (2003) at pg. 23.)
the requirement that public business be conducted in public and the
practical need public agencies have for confidentiality when attempting to
make rational decisions about the legal strength of argument asserted by
an actual or probably adversary ...The Brown Act attempts to draw that
balance by, among other devices, requiring disclosure to the public of
facts and circumstances which show that a public discussion of a
particular matter is prejudicial to the agency's interests.
U4 fQIJITtUTIUT. SIil[ I SH UFHL. CA14101 • 4l!1.41 8 , FIISTt•E■a•uuuuno1tORI
COB000215 534
sessions related to litigation , the court in Sacramento Newspaper Guild v. Sacramento
County Bd. Of Supervisors (1968) 263 Cal.App.2d 41, held "[n]either the attorney's
Here, even had there been an actual threat of litigation which could have met the
defined set of "facts and circumstances" necessary to hold a closed session under
Section 54956.9, the City Council was not permitted to take action in closed session
under the guise of "anticipated litigation" on an issue which must be discussed in open
session.
In Trancas Property Owners Assn . v. City of Malibu (2006) 138 Cal.App.4th 172, the
Court invalidated a settlement agreement adopted in closed session; the settlement
agreement included the City 's commitment to approve a development agreement.
Because the city's decision to discuss the settlement agreement in closed session
usurped the public's right to participate in the decision-making process regarding the
development agreement , the City's action violated the Brown Act.
[WJhatever else it may permit, the exemption cannot be construed to

empower a city council to take or agree to take, as part of a
non-publicly-ratified litigation settlement, action that by substantive
law may not be taken without a public hearing and an opportunity for
the public to be heard. As a matter of legislative intention and policy, a
statute that is part of a law enacted to assure public decision-making,
except in narrow circumstances, may not be read to authorize
circumvention and indeed violation of other laws requiring that decisions
be preceded by public hearings , simply because the means and object of
the violation are settlement of a lawsuit.
(Id. at 186; internal citations omitted; emphasis added .)
Finally, a review of the City's agendas shows that the City routine ly notices closed
circumstances . However , the City Council routinely fails to disclose such existing facts
Government Code section 54956(e)(1 ), which would allow the District to refrain from
disclosing "existing facts and circumstanc es" if the facts and circumstances are "not yet
known to a potential plaintiff or plaintiffs ." Because it would be highly unusual for a
potentia l plaintiff to not know the facts that would give rise to poss ible litigation , the
disclosure requirements .
Ut FOUlllll1TtEU. SIITEI UI UFAU. H HIOI • 411.4 0.
COB000216 535
CEASEANDDESISTDEMAND
preventing violations or threatened violations ," "to determine the applicability of this
chapter to ongoing actions or threatened future actions of the legislative body , or to
determine the applicability of this chapter to past actions of the legislative body."
In order to avoid litigation to force the District into compliance, FAC demands that the
City Council cease and desist from the practices set forth above, which impair the
public's ability to participate in its government. Namely, the City Council must
acknowledge the Brown Act violations set forth above, and must agree unconditionally
to refrain from the following practices in the future:
City's finances , in closed session where no closed session exemption
provides a basis for the closed session discussion ;
3. Failing to disclose the facts and circumstances that just ify holding closed
sessions pursuant to Government Code section 54956.9(d)(2); and,
REQUESTFORRECORDSPURSUANTTOCPRA
Pursuant to the CPRA, the California Constitution (Article I, section 3) and FAC's rights
of access under California common law, FAC hereby requests :
reference the materials enclosed with this letter ;
received by the City Council and/or its individual members before or after
the City Council meetings of July 9, September 6 and September 20, 2017
during closed session on those dates.
If any portion of the records requested is exempt from disclosure by express provisions
of law, Government Code Section 6253(a) requires segregation and redaction of that
material in order that the remainder of the information may be released. If you believe
that any express provision of law exists to exempt from disclosure all or a portion of the
records FAC has requested , you must notify FAC of the reasons for the determination
534 FOUITII
STIUI . SIil[ I SH UFIU. Cl HIOI ■ 415.4 D. a FllSTA■ HDIEITCIIUTI0II.0fll
COB000217 536
not later than 10 days from your receipt of this request letter. (Gov . Code § 6253(c).)
Any response to this request that includes a determination that the request is denied, in
whole or in part , must be in writing . (Gov . Code§ 6255(b).)
Please contact me to obtain my consent before incurring copying costs, chargeable to

FAC, in excess of $100.
Thank you for your prompt attention to these important matters .
Sincerely,
David Snyder
Executive Director
cc: City Attorney Virginia Gennaro via fax at (661) 852-2020
Enclosures
534 FOUITII
SJIECT.SIii( I SH IAFICl, DI HIOI • ◄ 111.410 .IU • FIISTAIEIDIUTCHUT.01.HI
COB000218 537
CALIFORNIANS AWARE
OPEN GOVERNMENT • FREESPEECH • PROTECTED REPORTING
October 9, 2017
Christopher Gerry
Acting City Clerk
City of Bakersfield
1600 Truxtun Avenue
RE: Demand to Cease and Desist: Ralph M. Brown Act (Government Code Section S4950 et seq.)
Request for Access to Public Records (Government Code Section 6250 et seq.)
Dear Mr. Gerry,

This letter challenges a practice occurring in connection with the July 9, September 6 and September 20 meetings of the
Bakersfield City Council as a violation ofth e Brown Act, specifically Government Code Section 54956.9. The practice in
question was the Council's consideration in closed sessions at those meetings of matters that must be discussed only in open
session, namely those headed as "Five Year Budget Projections of Revenues and Expenses," '·Revenue Generation," and
''Revenue."
These topics (see attached links) arguably constitute the very highest issues of concern to Bakersfield residents,
businesses and taxpayers, presenting a detailed analysis of the City's near and long term fiscal unsustainability, the need for
either significant staff cuts or significant new taxes, and the decisions to be made concerning a tax increase ballot measure,
including the public relations considerations to ensure its success and the need for a consultant to poll public opinion and
provide "outreach" communications to shape public perceptions.
In order to avoid the filing of an action against the Council for decla ratory and injunctive relief to confirm ll1at lhe
practice in question violated the Brown Act and to order it nol to be repeated, and for the recovery of any attorney foes and
costs incurred in such litigation, I demand that Mayor Karen Goh, within 30 days of the receipt of this letter and in
conformity with Government Code Section 54960.2, subdivision (c), inform me of the Council's unconditional commitment
lo cease, desist from, and not repeat the practice he.reiri challenged as a violation of the Acl.
ln addition, this letter requests access to copies of all communications or other documents created or received by the
City or City Council members or staff before or after these meetings concerning actions to be taken as a result thereof.
Very Truly Yours,
Terry Francke
General Counsel
https://www.scribd.com/document/361135503/Five-Year-Budget-Ptojection-July-2017
https://www.scribd.com/document/36 l 137024/Revenue-Discussion-7-19-17
htips://www.scribd.com/documcnt/36 1136648/Revenue-Discussion-September-2017
https://www.scribd.com/document/361137 181/Revenuc-Discussion-9-20- l 7
Californians Awar e • 2218 Homewood Way, Carmichael CA 95608 • (916) 949-4944 • info@calaware .org
COB000219 538
l\tlayorKaren K. Goh
1 il) vl'Bt,h.i:r
~ncld
November 3, 2017
Mr. David Snyder

son Rofael, CA 94901
Re: Request for Access to Public Records (Govt. Code§ 6250 et seq .);
Demond to Cease and Desist (Govt. Code§ 54950 et seq.)
Dear Mr. Snyder:
This letter will acknowledge recelpt of your letter dated October 18, 2017,
concernfng the above requests. The public records aspect of your letter was
correspondence relates to your demand to cease and desist pursuant to G_ovt . Coqe
§54960.2, subdivision ,(c).

the Brown Act. We have dttended classes sponsored by the League of Cities about the
background, intent, . and ~peclfics of the Brown Act; we receive ongo ing adv lce from
our City Attorney about the applicab ility of the Brown Act in our daily work; and on
August 15, 2012, we adopted "A Resolvtion Adopting A City Policy To Adhere To The·
Brown Act Despite The State's Decision To Suspend Some Of I1s Provisions For Three
Years'' therefore , agreeing to continue to follow the Brown Act regard less of ·a
reduction in state -mandated costs.
After careful consideration of your demand and re.view of the pertinent material.
the Cify Counci l is confident that it did not violate the Brown Act and we remain
committed to convening and agendlzing our closed sessionswithin the parameters of
the law .
v~~I
KARENGO H
Mayor

Virginio Gennaro, City Attorney
Alan Tondy, City Manager
S:\ M/1\
'\'Oli\lelta rs\ 17• l 8\Fl11tAmendCoohtlon,do c><
H:1l1crslicld c I l\~k1t.-~l
Cit) Hall I l,i(J() I n1:-.111nAvt:n11 h:l<l. CA 9330 I
(66 11J2f,-377(11COB000220
mt1 ~\ll'la1hak~r·d1cld\•1t) u,
539
MayorKaren K. Goh
City of Bakersfield
November 3, 2017
Terry Francke, Ge neral Co unsel

CA LIFORNIANS AWARE
2218 Hom ewoo d Way
Ca rmic ha el, CA 95608
Re: Request for Access to Public Records (Gov t. Code§ 6250 et seq.);
Dear Mr. Francke:
This letter will ac knowle dg e receipt of your letter dated Oc tober 9, 20 17,
co nce rning the abov e requ ests. The pub lic reco rds aspect of your lette r was
ad dressed via co rrespo nden ce by the City Attorney on Oc tob er 16, 2017. This
correspo nden ce relates to your demand to ce ase and desist pursuant to Govt. Code
§54960.2, subdivision (c ).
The Bakersfield City Counc il unders tands the Importance of transparenc y and
th e Brown Act. We hav e attended classes sponsored by the Leagu e of Cities about the
background , intent, and specifics of the Brown Ac t; we receive ongo ing advice from
our City Attorney about the applicability of th e Brown Act in our dai ly work; and on
August 15, 2012, we ad opted "A Resolution Adop ting A City Policy To Adhere To The
Brown Act Despite The State' s Decision To Suspend Some Of Its Provisions For Three
Years" therefore, ag reei ng to con tinu e to follow the Brown Act rega rdless of a
red uc tion in state-mandated costs.
Afte r careful co nsiderati on of your demand and review ot the pertinent material,
the City Cou ncil is co nfid ent that it did not violat e the Brown Act and we remain
committed to co nvening and ag endizing our c losed sessions within th e paramet ers of
the law .
v~~~/
KARENGO H
Mayor
cc : City Councilmembers
Virginia Genna ro. City Attorney
Ala n Tandy, City Manage r
S:\MA YOR\l etter,\ I7· I8\ Cailomlon1Awo1 e.d oc x
BakersfieldCity .RallI 1600 Trn x lun Av enue I Bakersfield, CA 9330 I

(66 1) 326-3 770 I mayor@bakersfieldcity.us
COB000221 540
CITY Al"J'ORNEY
VIRGINIAGENNAUO
1600TRUX'l1JNAVENUE
DEPUTY CITY A1'1'0RNEY FOURn I f-LOOR
JoshunJ·I. Rudnick BAKF.RSIIHiLD,
CA 93301
A11drcwHeglund
Richurd lg~r TELEPHONE: 661-326-3721
FACSIMILE: 661-852-2020
ASSOCIAT1ICITY ATTORNEV
OFFICEOF THE CITYATTORNEY
October 16, 20 l 7
Mr. Terry Francke

CALIFORNIANSAWARE
2218 Homewood Woy
Car mic ha e l, CA 95608
Dea r Mr. Francke:
This lette r is in response to the Public Records aspect of your lett er

received by the City of Bakersfield on Octobe r 10, 2017. Responsive documents
are attached.
If you have any quest ions, fee l free to ca ll me at 1661)326-3721.
Very truly you rs,
4«.u/#~J
/kfane(,
v1R1D
-
1ANA GA LLARDO-KING
Associate Attorney
VG:lsc
cc: Robin Bice, Depu1y City Clerk
Chris Huot. Assistant Cfty Manager
S:\C LERK\ PlJl>Rec s\ 17- 18\ ColAwor o.doc ~
COB000222 541
•
OFFICEOF THECITYMANAGER
October 6. 2017
FROM
: Alon Tandy. City Manager .AT
SUBJECT: GeneralInformation
Notabl•Items
► In !he woke of the mass shooting in Las Vegas over the weekend, the Mayor , local
pastors and communi1y leaders gat hered to lead the community in a time of prayer
on Monday. Our thoughts and prayer s remain with the aggrieved families in our
community and around the country who have been affected by this tragedy. We
send our best wishes to Bakersfield Police Officer Aaron Mundhenke for o full and
speedy recovery .
► The Octot;>er 11th Council agenda has an unusual number of significant items.
o There are three items for the Sports Village as follows:

• Award contract for installation of sports field lighting on phase 2
• Award contract for construction of socce r stadium Improvements in
phase 3
• Resolution for purchase of sports field lighting for the soccer stadium
improvements in phase 3
o There ls a bid aword on 1he 241" Street sound walls as well as cons ldera1ion of
a pedesf rian crossing issue.
o There is also o biQ award on the sewer adjustments which are a part of the
Centennial Corridor . That will be followed over the new few meetings with a
contrdct on the road adjustment s, some related work on the West Side
Parkway ond the at grade sound walls. Cumulatively between these
contracts there is a lo1 that will be going on!
o Finally. and perhaps mo st important , is a presentation requested by City

Council on how emerging trends will impact the finances of the City over the
next several year s.
COB000223 542
General Information
October 6, 2017
Page2
► The City has rece ived Information supplemental in nature to the quarterly sales tax
informatio n provided to the council in the September 15th General Information
memo. The overall results of the quarter remain the same (quarterly change of
positive 5.05%}. Thissupplementa l informa1ion provides indication of what industry
types are going better or worse than citywide averQge resultsfor the given period.
The general cate~orles of Used Car Dealers, Service Stations and Publlc
Utility/TransportServices performed above average compared to 1he same quarter
last year. The categories of Grocery Stores and Department Storesperformed below
average compa red to the same quarter las1 year. Our Financ e Director, Nelson
Smith, has provided a memo and chart of the top ten industry catego ries.
► You may rec all that when we were conducting the extensive renovations of Fire
Station 8 we had to create a temporary fire station utilizing a mobile hor:ne unit
located at Panorama Drive and Columbus Street. Now that the newly renovated
Fire Station 8 is up and running, we are re-tasking the mobile home unit which
previously served as the temporary station. The unit was relocated this week out to
its new home at the City of Bakersfield Animal Care Center where, after some
modifications, it will become the new base of operations for our Animal Control Field
staff . BeJowiso photo of the recently relocated mobile home unit.
:, On October 4th the American Plan ning Association (APA) announced that·
Bakersfield'svery own Mill Creek Linear Park has been selected as one of five "Great
Public Spaces" on the APA's annual Great Plac es in America list.
Each year, the APA reviews projects across the nation a nd selects award recipients
in one of 3 ca tegories: Great Neighborhoods, Great Streets, and Great Public
Spaces. Selected projects demonstrate excep tional c haracter. quality, and
planning; and enrich communities, focilltote econom ic growth, and inspire others
around the country.
Cynthia Bowen, AICP, president of APA stated: "Public spaces serve a number of
functions within a commun ity, from gathering plac es to recreational venues, and to
satisfy these varied community needs requires thoughtful co llaboration and
COB000224 543
General Informatron
October 6, 2017
Poge3
planning . These places demonstrate how to effectively create o sense of place that
enhances the lives of all residents and visitors. Congratu lations to this year's
designees."
The Mill Creek Linear Park connects 1he downtown areo via o multi-modal, water-
front 1path 1 inviting locals ond visitors to head outdoors and enjoy a truly unique
experience. The MIii Creek Linear Pork projects have been a driving force behind
Department has incorporated the Mill Creek Linear Parkos a part of the on -going
downtown vision and station area planning pmcess, and hopes that fhe troll will loy
the foundation for a future "u rban trail' ' that· encompasses all of downtown.
For more information obout the APA's Great Public Spaces and Streets for 2017 and
previous years. visit VvWW.plannjng,orgLgreatplac;~s-
The Community Development Deportment and the Recreation & Parks Department
will acknowledge receipt of this national designotion during the upcoming Third
Thursday Event. on October 19, 2017. The event will kick off at 5:30pm at Central
Pork in Downtown Bakersfield.
► Attached you will find the monthly Thomas Roads Improvement Program (TRIP)
Stdtus Report for 1he month of August . The report gives o summary of eac h TRIP
project in construction. ln design , and under review. Comp letion percentages and
pictures of projects are also inc luded.
trafficAdvisory
lntermittent ·doytime lane c losureson TruxtunAvenue
Earthwork for the Kern River Bridge Improv ements wlll require Intermittent lane closures
for a short section of the outside westbound lane on Truxtun Avenue during the next
couple of months . The closure is needed to allow truc ks to exit the work site on the north
side of Truxtun Avenue. When needed , the closure will be se1 up rust west of the on -
ramp to the Westside Parkvyay between the hours of 6 a.m . and 3 p.m.
Nighttime lone closureson WestsidePork.waysunday •to Thursday
The c ontractor also plans to continue the installation of temporary concrete barrier (ail
a long t he Westside Parkway next week., October 8--12. This wo rk will require nighttime
c losures o f the inside lanes In both the eastbound and westbound directions, between
Coffee Road and Truxtun Avenue . Motorists should anticipate lane closures will be in
effect between the hours of 9 p.m. and 5 a .m., Sunday through Thursday night s. At least
one lane wlll remain open In each direc tion at all times and all lanes should be open
prior to the morning commute.
The Kern River Bridge Improvements project is the first phase of the Centennial Corridor
project; it constructs bridges and makes the necessary improvements for the future
COB000225 544
GeneralInformation
October 6, 2017
Page3
planning . These pta'ces demonstrate how to effectively create o ·sen~e of place that
enhances the lives of all residents and visitors. Congratulations to this yeor 1s
designees. 11
The Mill Creek Linear Park connects the downtown area via o multi-modal, water -
front path, inviting locals and visitorsto head outdoors and enjoy a truly unique
experience. The Mill Creek Linear Park projects have been a driving force behind
Department has incorporated the M111 Creek Linear Park els a part of the on -going
downtown vision and station area planning proce ss, and hopes that the troll will lay
the foundation for a future "urban trail" thot encompasses all of downtown.
For more information about the APA's Great Public Spaces and Streets for 2017 and
previous years. visit www,plannjng,Qrg[greotoloces . '
The Community Development Deportment and the Recreation & ParksDepartment

will acknowledge receipt of this nat'ional designotlon during the upcoming Third
Thursday Event. on October 19, 2017. The event will kick off at 5:30pm ot Central
Park in Downtown Bakersfield.
► Attached you will find the monthly Thomas Roads Improvement Program (T~IP)
Statu s Report for the month of August. The report gives a summary of each TRIP
project in construction, in design, and under review . Completion percentages and
pictures of projects are also included.
Traffic
Advisory
Intermittent daytime lane closureson TruxtunAvenue
Earthwork for the Kern River Bridge Improvements wlll require Intermittent lane closures
for a short section of the outside westbound lone on Truxtun Avenue during the next
couple of months. The closure is needed to allow trucks to exit the work site on the north
slde of Truxtun Avenue. When needed, the closure will be set up just west of the on-
ramp to the Westside Parkway between the hpurs of 6 a.m. a nq 3 p.m.
'
Nighttime lone closureson WestsideParkway St/nday•to Thursday
The contractor olso plons to continue . the installotion of temporary conc rete barr ier rail
along the Westside Parkway next week, Oc tobe r 8~12. This work will require nighttime
closures of the inside lanes In both the eastbo und and westbound directions, between
Coffee Road and Truxtun Avenue. Motorists should anticipate lane c losL,1res will be in
effect between the hours of 9 p.m . and 5 o.m., Sunda y 1hrough Thursday nights. At least
one lane will remain open in eoch direction at all times and all lanes should be open
prior to the morning commute .
The Kern River Bridge Improvements project 'is the first phase of the Centennial Corridor
project: it constructs pridges and mqkes the necessary improveme nts for the future
COB000226 545
Ganerol lnformafion
October 6, 2017
Poge4
freeway's connection to the Westside Parkway. The Thomas Roads Improvement

Program apologizesfor any inconvenience this work may cause the trovellng public .
For additiona l information on the Kern River Bridge Improvements Projecf, please visit
our website at www.Bakersfieldfreeways.us.
Reports
► Streets Division work schedule for the week of October 9th
► Police Deportment Report for August2017
Event
Notifications
► Event ca lendar for the Robobonk Arena Theater and Convention Center
COB000227 546
MEMORANDUM
TO: Alan Tandy,City Manager _
FROM: Nelson K. Smith, Finance Director A1j

DATE: October 4, 2017
SUBJECT: SalesTaxQuarterlySummaryReportby Industry
Attached is a copy of the Soles Tax Quarterly Summary Report by Industry,

summarizingand comparing the top ten industrycategoriessecond quarter results
of 2016 to the second quarter resultsof 2017.
This summary information ls supplemental In nature to the quarterly sales tax

information provided to the Council a few week.sago. The overall resultsof the
quarter remain the same (quarterly'ohangeof positive5.05%)but thissupplemental
information providesa general indication of what industrytypes are doing better
or worsethan citywide overageresultsfor the given period.
The general categories of Used Car Dealers , Service Stations and Public
Utility/TransportServices performed above average compared to the same
quarter last year. The categoties of Grocery Stores ond Department Stores
performed below average compared to the same quarter last year..
Attachment
cc: ChrisHuot
Steve Teglio
FIie name: nks:/s:/no

1Jan/1
alc.tto/merno-sales ttll data.byinduJtry- top tell~ qtr 2Q16.doo
COB000228 547
CHy of lakeqhid - Review of Sain Tax Data by Industry- TopTen Cotegortes
fut Quarter Comparison Second Quarter Comparison

1stQtr2016 1st QJr2017 ~ 2ndQtr2016 2ndQtr2017 ~
New Car Oealefs $2.205,673 $2352,723 6.67% $ 2,320 ,030 $ 2544 .182 9.66%
2 Deportment Stores $1,934,200 $1,934,575 o.~ $ 1.969,048 $ 2,039 .'903 3.60%
3 Service Stations $ 902,432 .$ 9-59,826 6.36'J. $ J,032851 $ l.151,455 11.48%
..c Eating/ Drinking Places w/o alcohol $ 924,582 $ 982.018 6.21% $ 925.24:2 $ l.013,905 9.56%
5 Eating / Drinking Places with a lcohol $ 875,039 $ 898;255 2.65'.l. $ 854,853 $ 923 ,403 8.02%
COB000229
6 Building Materials $ 593,090 $ 236.728 -60.09%- $ 699,598 $ 731,361 4.54%
7 Public Utility, Transport & AU!edServices '$ -408,865 $ 228,712 -44.06% $ 385.528 $ S!IJ.no 42.86%
8 Family Apparel $ 456,065 $ ..72.148 3.53% $ 4n.6-4J $ 513,503 7.51%
9 Used Car Dea lers $ 464,753 $ 865.202 86.16% $ 399.269 $ 498,877 24.95%
10 Grocery Sfores 'Nith alcohol $ 3761)27 $ 369 . 164 -1.83% $ 479,46 1 $ 480,192 0. 15%
548
October 2017
TRIPStatusReport
TRfP projectsare movingrapidlythroughthe variousstages of project development.
Thisr~portis to pro,Me a periodicup•to-date snapshot of each project'srecent majoractivitiesand progress. If
you have questions, or need additional information, please contactJanet Wheeler at the TRfP offlce, (661) 326-
3491. Regular project updates arealso availableon the TRIPweb$/teat BakersfleldFreeways.us
MILESTONES
The City tias advertised for constructioh bid s for the Truxtun Avenue Operational Impro vements Project. Bids
are due from pre-qualified contractors on October 12, 2017 by 11 a.m . The deadlin e to submit Responsibtlity
Statements and Q.uestlonnaires (RSQs)was September 14 th• This project widens Truxturi Avenue from 4rlanes to
6-lanes from Empire Drive to approximately lOOfeet east of Elm Street. Mo st of the widening along Truxtun
Avenue wlll occur on the soUth side of t he roadway. Construction Is expected to begin in early 2018.
PROJECTSTATUS
BeltwayOperationallrnprove,nents
72% complete; anticipated completion: spring 2018
This project include s various improvements along State Route 58, from State Route 99 to Cottonwood Road,
and on State Route 99, from north of Ming Avenue to WIison Road.
Work continued last montt, on the Storm Water Pumping Plant located along northbound State Route 99 near
Ming Avenue . Workers wlll continue on the mechanical and electrica l components for this facility In October .
Traffic was shifted onto the new pavement on the southbound State Route 99 on-ramp from Ming Avenue last
month . The lefHurn access onto ·this on-ramp from westbound Ming A.venue Is temporarily closed, but
motorists can make U-turns and access the southbound ramp from the eastbQund direct ion. Constructlon will
continue in this area in October as the contractor worl<s 011 the drainage system, an adjacent drainage basin, and
the roadway .
The new State Route 99 to eastbound State Route 58 Connector Bridge is now self-supporting and the
contractor began removing the falsework (temporary supports) from the structure in ,September . Work Is also
moving forwa(d on other bridges being widened with this project. Falsework was removed from the widened P
Street Bridge in September, and construction is underway on the adjacent sound walls and barrier , Sound walls
and concrete barrier construction is also underway at the Madison Street Bridge and this section is expected to
be completed In October .
Retaining wall and sound wall construction continues In many areas along State Route SB within the project
area. The contractor Is in the process of removing temporary shoring at Union Avenue and drainage and
roadway work is underway at this location ; completion is expected within the next month . Work will also
continue on the sound wall s and concrete barriers at the eastbound Chester Avenue, H Street and Union Avenue
on- c1ndoff-ramps in October .
Motorists sl,ou ld anticipate Intermittent nighttime lane. closures oi:;currlng Sunday through Thursday nights
between the hour s of 9 p.m. and 5 a.m. on both State Routes 58 and 99 within the proj ect limit s.
Paget
COB000230 549
TRIPStatusReport
--------------------------------------- October2017
-
Kern RiverBridgeImprovements
12% complete; anticipated completion : summer 2019 ,
Construction work ts underway throughout the project area from north of the Westside Parkway to the south
side of Truxt1.1nAvenue. lhis project constructs and widens bridges across Truxtun Avenue and the Kern River to
allow for the connection of the future Centennial Corridor to the Westside Parkway.
Earthwork activities are underway on both sides of Trwctun Avenue and intermlttent lane closures will be
needed for a small section of the outside westbound lane during the next few months to allow truc!cs to exit the
work site . These lane closures will be set up west of the Westside Parkway on-ramp and may be in effect
between the hours of 6 a.m. and 3 p.m.
The contractor is working on two drainage basins and a brldge abutment on the south side of Truxtun Avenue.
Trucks Willalso be entering and lea11lngthis part of the project site, but no additional closures are anticipated for
the eastbound direction of Tru>rtunAvenue.at this time.
Work on the water diversion In the Kern River is underway , The contractor plans to install shoring and start
pile driving operations for bridge columns in October. Work within the river will begin on north side.
TruxtunOperationallmprovamenu
Contractor: Pending
0% complete; anticipated construction start: early 2018 ,
This project widens Truxtun Avenue from 4-lanes to 6-lartes from Empire Drive to approximately 100 feet east of
Elm Street. Most of the widening along Tru><tunAvenue will occur on the south side of the ·roadwa~ Bids are due
from pre-qualified contractors on October 12, 2017 at 11 a.m. The construction contract is expected to be sent
to City Council for consideration of approval In Novehlber.
24th Street ImprovementProject

Designer~TYllnInternational
Design 95% complete; Right-of-Way 100% complete for full acquisitions
The City and Caltrans are currently revlewin~ the 95% roadway plans; streetscape design is underway, and
right-of-way activities for partial acquisitions continue.
th
A Public Hearing to consider the. elimfnatlon of the 24 Street crosswalks at A/Alder and 0/Drake Streets will
be held before City Council on October 11tt1 .
A construction contract with JTS Construction will also be on the October 11th City Couhcil agenda for the
th
sound wall on the north side, of 24 Street within the resldehtial section . Construction of these so1mdwalls Is
expected to begin after the New Year.
Centennial Corridor
Designer: Parsons
Design, 95% complete
Staff is pursuing potential State-sponsored funding oppor:tunitles for the project phase that would replace the
Belie Terrace Bridge over State Route 99.
FinaI design plans for various parts of the project are at or nearing completion; these include;
• 100% Westpark Sounds Walls and 100% local Street Improvements packages
• 100% local Roads and Bike Path plans - submitted on September 29th
• 100% PS&Epackage for the La Mirada and Marella Way structures - submitted on September 29th
• 100% Roadway plans are on target for submitt<il in October
• 100%plans for structures in Zones 1 and 2 are expected to be submitted ln November (Zone 1
ihclUdes the roadways. and structures from the Kern River Bridge Improvements through the
California Avenue Bridge; Zorie 2 includes th ~ Marella Way and La Mirada bridge s to facllitate
neighborhood circulation across the future freeway)
Page.2
COB000231 550
TRIPStatusReport
---·-·---
October 2017
• 95% plans for structures associated with thl!! State Routes 58 and 99 Interchange through the
Stockdale Highway Bridge(Zone3) have been submitted. The design team Isworking toward a 100%
submittal by the end of the year.
• Various environmental revalidations have been drafted due to design c{evelopmentand have been
approved or are under review.
The Clty has obtained legal possessionof ;;ill full parcels necessaryfor construction of the project, and the
acquisition of the necessarypartial parcelsis underway. To date, 221 structures have been demolished.
A construction contract with SpecialtyConstruction Inc. will be on the October .11th City Council agenda for
the City-owned sanitary sewer relocationsin the Westpark neighborhood . This work is expectedto be underway
in November.
The City plans to advertise for ResponsibilityStatements and Questionnaires for local street improvements
and sound wall packagesthis month. Constructionwill follow behind the City's sanitarv sewer relocations.
HagemanFlyover
Designer: Ca,ltrans
Design98%complete
CaltransDesignand Struct1.1resteams are workingon the final Plans,Specifications,and Estimate(PS&E)
package.Caltrans anticipates submitting the final package to the City by the end of 2017.
Page3
COB000232 551
TRIPStatusReport
October 2017
PROJECT
PHOTOS
Top left: Sun sets over the Kern River

Bridge Improvement (KRBI)project
area. The bike path is expected to
rema in open during construction
Top right: Construction workers place
concrete for a new retaining wall on
the north side of the Westside
Parkway, east of Mohawk Street.
Middle left: Earthwork for the Kern
River Bridge Improvement Project Is
underway on both the north and
south sides ofTruxtun Avenue.
Middle right: The contractor has
begun work on the water diversion
plan on the north side of the river.
Pile driving for the bridge columns Is
expected to begin in October .
Bottomleft: Aerial view of the KRBI
project area; the alignment for the
Centennial Corridor mainline can be
seen in the background .
Page4
COB000233 552
TRIPStatusReport
October 2017
Top left: Crewsconstruct a new retaining wall

along the south side of St ate Route 58.
Top rlsht: Work on the Ming Pump Plant continues.
Middleleft: Night crews remove falsework from
the widened PStreet Bridge.
Bottomleft: In September, American Society of
Civil Engineerslocal chapter PastPresident Dan
Cronquistpresented the 2017 Transportation
Project of the Yearawardto TRIPManager Kristina
Budakfor t he State Route 178 Widening Project.
Bottom right:The new owners of the "Speakeasy"
house set the former 241h Street house on its
permanent Bay Street foundation last month .
- •
!I
l( ern Councfl
or Govcr nrncnu
'
,
Pages
COB000234 553
Page1 ot2
STREErS
DIVISION- WORKSCHEDULE
Week of October9, 2017- Oc:tober13, 2017
•Resurfoclna/Reconstructtna
streets
Inthefollowing
areas:
Sealing streets in the area north of Brundage and west of M1. Vernon
Maintenance Grind & Pave on Grove St east of Union
Paving in the HUD area's of Oleander and Castro
Maintenance Grind & Pave on Watt 's Dr. between Union and Madison
MlsceHaneous
streehDivision
prolecu;
Video inspection of City owned sewer and storm lines to evaluate condition of pipes
Repairing damaged sewer line found during video inspection
Miscellaneous concrete repairs throughout the City
Concrete repairs to various bus stops throughout City limits
Sewer and Storm line instollatlon on the north side of Ming Ave eas t of Baldwin ln preparation for street
widening project
Miscellaneous concrete work at Sports Villdge
THISSPACE INTENTIONALLYLEFTBLANK
Weekol Oc:1obe
r 9,.2017_Wolk Schedule
COB000235 554
Page2 of 2
STREETS SCHEDULE
SWEEPING
Monday.
October 9. 201 z
Between So. "H'' St. & Union Avenue -Pac heco Rd. & Hosking Rd.
Between Stockdale Hwy. & Truxtun Ave. jext.)-Coffee Rd & Partridge Ave.
Tuescigv.
October
10,2017
Between 99 Hwy. & So. "H" St. - Ming Ave. & Panama Ln.
Cul•De•Sacs on the north side of Mogde lena Ave ., west of So. "H" St.
OctoberJ1.201z
Wednesday.
City areas between Brundage Ln. & Ming Ave. - So. "H'' St., & Union Av.e.
9ity areas between Wrlson Rd. & Pacheco Rd. - So. "H" Sf. & Union Ave.
Between Casa Loma Dr. & Planz Rd. -Mad ison Ave. & Cottonwood Dr.
Between Planz Rd. & Broe~ St - Madison Ave. & Hale St.
Thursdav.
October
12.2011
Between Carr St. & California Ave. -Mohawk St. & Stockda le Hwy.
Between Stockdale Hwy. &. Morella Wy, - California Ave. & Montclair St.
Between La Mirada Dr. & Ches ter ln. - Montclair St. & No. Stine Rd.
Between California Ave, (ext.) & Stockdale Hwy. -No. Stine Rd. & 99 Hwy .
Between Stockda le Hwy. & Ming Ave. -New Stine Rd. & Ashe Rd.
Between New Stine & Ashe Rd. - Taft Hwy . & BerkshireRd.
October
FrldaV, 13.201Z
Between Ming Ave. & White Ln. - Bueno Vista Rd & Old River Rd_
Between Stine Rd. & 99 Hwy. - Belle Terrace & Adidas .
Between Panama Ln. & BirkshlreRd. - Ashe Rd. & Stine Rd.
NOTE:If raining , there will be no street sweeping service and all street cleaning personnel will be assigned
to cleaning pl1Jgged drain s and part circle culverts. Thisalso opplles when a large number of street
sweepers are in Fleet for repairs. Areas that hove been missed during this time will be swept at the end of
the month .only when possible.
Week pl Oelober9_20 17_Work Scned."le
COB000236 555
·_...>
.~.,._·.
-1 .. ....
,.. \I•'
.. 1,t,,,l~\f lit 11 ,
BAKERSFIELD
POLICE 1,~
.
,.:, -~!~7 , ..
' \
MEMORANDUM
!.'
. ~~()Lil°\·.'.'
\_ ..·,~ ,,.,. l'
, ...... ' '1,..• · 1
.• -:"_~_.,
, ...
../4
....::
Date: September25, 2017
To: Alan Tandy , City Manager
From: Lyle Martin , Chief of Police
Subject : Special Enforcement Unit/Gang Violence Report
I have enclosed the Special Enforcement Unit's monthly gang statistics reportfor
August of 2017. Please call if you have anyquestions.
LDM/vrl
COB000237 556
BAKERSFIELD
POLICEDEPARTMENT
Special EnforcementUnitMonthly Statsfor August2017

11 Misdemeanor Arrests 2 Citations 40 Court Prep ~ Hours
Felony Warrant Probation ahd HoursAssisting
9 254 103
Misdemeanor Hrs. AssistingOthe r HoursAssisting
28 8 307
Warrant Arrests Deoartment Sections Investigations
8 Supplementdl
AB l 09 Arrests- 186.22 91 5 2017 Shootings
Reoorts
0
General Offense
AS109 Arrests - Other 36 9 2016 Shootings
Reoorts
)
9 Guns Seized 55 Patrol Call Response 2 201·4 Shootings
Year to Date Special EnforcementUnitStatistics

January- August2017

213 Misdemeanor Arrests 92 Citations 431.S Court Prep - Hours
Felony Warrant Probation and HoursAssisting
80 2189 959
Misdemeanor Hrs.AssistingOther HoursAss'isting
284 169,5 1682
Warrant Arrests Deportment Sections Investigations
AB109 Arrests- Supplemental
82 799 34 2017Shootings
186.22 Reoorts
General Offense
2 AB109 Arrests- Other 442 61 2016 Shootings
Reoorts
COB000238 557
BAKERSFIELD
POLICEDEPARTMENT
MONTHLYREPORT-AUGUST 2017
August 2016..2017 COMPARISON
90
80
70
60
so
40
30
20
10
0
Felony Arrests Misdemeanor Guns Seized Se;archWarrants
Arrests
■ 2016 112017
450
400
350
300
250
200
150
100
0
Assistingother DepartmentsProbation
/ ParoleSearches FieldInterviews/ Street
■ 2016 Iii 2017
COB000239 558
BAKERSFIELD
POLICEDEPARTMENT
MONTHLYREPORT -AUGUST 2017
2015-2017YEARTO DATECOMPARISON
3300
3000 28H
2636
2464 t-
2700 .
2400 2189
2100 t- -
1800
1600
1200
900 i
600
300
0
j j
■
522 487
'
477
,;
AssistingOtherDepartmentsProbation/ ParoleSearches FieldInterviews/Street

t~2015 ■ 2016 ■ 2017
1100
1000
900
800
700
600 -
500
400
300 -
200
100
0
Arrests Guns Seized Search Warrants
u 201s ■ 2016 D 2017
COB000240 559
BAKERSFIELD
POLICEDEPARTMENT
•
YEARTO DATEGANG VIOLENCEINDEX2015-2017
2015 2016 2017

■ SHOOTINGS 11HOMICIDES*
*Please note that the homicide stats include all gang related homicides, including but not limited to
shootings and stabbings.
COB000241 560
BAKERSFIELDPOLICE DEPARTMENT
•
SPECIAL ENFORCEMENTUNIT
MONTHLYREPORT-AUGUST2017
GANG RELATED
SHOOTINGS- 2015-2017 (YEARTO DATEONLY)
14 13
12 -+---------- -------- -
10 10
10
COB000242
8 +1-- ....
6 +- - -,
4 +---1
O I I
JAN. FEB. MAR. APR. MAY JUN. JUL. AUG.
612015 ■ 2016 ■ 2017

561
BAKERSFIELD
POLICEDEPARTMENT
•
GANG RELATED
SHOOTINGSCOMPAREDTO THEAVERAGEOF THEPREVIOUS5 YEARS- PERWEEK
2016
7
., >
.. ..
.¥ ..¥ ,'1t
"'
6
S
QI
..
:i,
a:i m
m
;
Ill
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11
,o
I l 2 3 4 5 6 7 8 9 10 1112 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53
COB000243
-+- 2016 Weekly Numbers - Previous 5 Years (2011 -2015) Average
•
2017
~a,
1--
...
1W
I
!
~
IE .lie
Ill
11
S•
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v · -1 1'._ .... c-....' · ,R,., -
1•V: = ·.JJ\t .:Ji-~5;.1
1 2 3 4 5 6 7 8 9 10 111213
·.•.
14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3132 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52
-+-2017 Week ly Numbers -!:: ~Previ ous S Years (2012-2016) Ave rage
562
BAKERSFIELD
POLICE DEPARTMENT
•
2014 - 2016 Shooting Comparison to date - 12 Week Time Frame

5
4
.,
C)
C
~
COB000244
-~E
~•
.a
0
2 I
, • 4 .... -■ . - ~
-~ ~
. ,
r
r
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,a 1a I
z=
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1 I & • \. £l
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24 25 26 27 28 29 30 31 32 33 34 35
Weekof the Year
-+-2014 Weekly Numbers 2015 Weekly Numbers ...,_2016 Weekly Numbers _.. 2017 Wee kly Numbers
563
'T1CK ETED 'sv a)(s-
80X OFFICEHOURS
Mon-Fri 10AM • 5 PM
{Excluding EventDays)
UPCOMINGEVENTS
CHARGE-BY-PHONE Rabobank
ARENA •idi#M@ffl
Rabobank
THEATER ON• ,®MM
1-888-929-7849
October 12 - Condots vs San Antonio 6:30 PM October 7 - 8okersfleld Symphony 7:30 PM
GROUPSALES INFORMATION .$37, S27, $22, $18, $14, $12 On Sqfe Now ,$45, $35, $30, $20
661-852-7309 October 14- Condors vs Tucson 7:00 PM October 8 - Dirty Dancing 7:30 PM
.$37, $27, $22. $18, $ 14, $12 On Sale Now $65, $55 , $35 On Sale Now
SEASON
TICKET
INFORMATION Oc tober 77 & 28 - Condors vs Stockton 7:00 PM Octobe r 12 - Theresa Capu to 7:30 PM
&
$37, $27 , $22, $18, $14, $'12 On Sale Now S89.T5, $59.75, $49.75, $39.75 On Sale Now
Octobe r 29 - Banda MS 7:00 PM November 4 - Baker sfleJd Symphony 7:30 PM

S101, $87, $72, $57 . $41 On Sole Now $45, .$35, $30, $20 On Sale Now
COB000245
BakersfieldCondors
November I - CondofS vs Manitoba 6:30 PM November JO-Mannheim Steamrolle r 7:30 PM
661-324-PUCK (7825) .$37, S27, $22, $18, $14 . $ 12 On Sole Now $67 .SO. $52.50, S35
www.bokersfieldcondors.com
November 3 - Skille t, Britt Nicole, etc. 7:00 PM January l 3 - Sesame Street Live 2 & 6 PM
Gf---- IAIIEl5ftELD
SYMPHONY
08CHE§T RA
$49.75, $36.75 , $26.75 , $19.75
November 9 - Disney On Ice

$60, $36, S12
On Sole Now
7:00 PM
On Sale Now
$60. $35, $25, $20, $15 On Sale 10/10
BakersfieldSymphony
661-323-7928 November 10 - D isney On Ice 7:00 PM
S60, $36, $25, $23, $18, $1S, $12 On Sale Now
www.BSOnow.org
November 11 - Disney On Ice 3PM/7PM Spectrum►
BROADWAY $60, S36, $25, S23, S18, $1S, $12
Novembe,- 12 - Disney On Ice

On Sale Now
l PM/ SPM Oc tober 12-America

AMPHITHEATRE
7:00 PM
$60 , $36 , $25 , $23, $18, $15, $12 On Sale Now $59.50 , $49.50, $29.50. $19.50 On Sale Now
Broadway In Bakersfield
661-852-7308 November 18- PBRVe locity Tour 7:00 PM October 14- Festival Latino 12:00 PM
$150 • .$65, $45, $25. $15 On Sole Now ftee
Week of October 2nd February 19 - Hortem Globetrotters 2:00 PM Oetobe r 28- Ozomaff i w/V elorto 6:00PM
-
$90, $50, $40, $33, $25, $18 On Sale 10/11 $35, .$15 On Sale Now
www.rabobankarena.com- www.spectrumamphitheatre.com
564
10/20/2017
FiscalOutlook
OCTOBER 1 1, 20 17
Background
City Council has requested staff provide a long term fiscal ou tl ook
S year forecast of General Fund revenue and expense s
Challenges
Oppor t unities
Next steps
COB000246 1565
10/20/2017
Growth of major GeneralFund revenuesourceslagginel!xpcndlturos
I .eclor will rtboundto 2014le',lcls1n rorc$CCab
Unllketv OJ le lulurt
Onllnc retail tales 1mpdcllns s•les~K
No,llc r~centiV.nnr,unc~dthe IDyoltuf 600l employi:rn , frornB~ker1f
iold plaut
SIJ\C Fllrm \'ic.iloflll1c110rwloff1Ct!,1
Signlflcant known costlncrea5eson horizon

CalPERS
H,~flh~are
Ut1lille1f~lectdoly , wntarl
City continuesto grow - ~erv1cclevels need to coincide

C.nno1eon1l11ue10 roraoaddlUon•Istoll In keyareas
CouncilGoal~ond priorities focuson mafntalnlngand enhancing basicpublic services

Poh~. Flit, Sueets, Code£nlore<:mcn1, Poltk Fac,1111e,
Emphasis placed on enhancing quality of life programs/services
Parks, RecreauonalActivities, Lighting, Beautification, EconomrcDevelopment
Employees have not received any wage adjustme nt since 2014 or 2015, depend ing on employee
group
State actions have put addi t ional strains on City resources (without sufficient rep lacemen t
funding sources)
• End of Ri!devetopment
• SB89 (2011) • .$1mllliont shifted to state
Proposition 4 7 & AB 109
COB000247 566
2
10/20/2017
% Chan e from FY2008 to FY2017
5 YearGeneral Fund Outlook

($16.Smillion)
(S8million)
$11>),IW(,,1,llO
St!O,IVJll,000
S/,l(l(),IXlO
rtNll
COB000248 3567
10/20/ 2017
CalPER
S EmployerRates
,IIJ.l>'-1),0U --- .... 67?6lncreasn
m Gn ooo ~11.000.oou
!7••.0tt.~f
;e:1((tl.~l'I
.,,,,.001
•)\').;
S<l,UV• IO
- m.m .«<1
m,1511,1)()()
Sol, 100,0o<l
S6S,8l5,00U ' '
Shl,'-'-1.1_1"'1'
I
~'iO,t~(i,M'\
1iP,O(li).~1',1
Sl ~,llllO,tW
l
r, 1• IY20 llll rvn
ExpenditureControls
City has historica lly taken a very conservative approach to budget ing resources and staffing
2013 Washingto n Examiner study :

Analyzed107 Cities> 200,000 population
Bakersfield ranked #107 - leanestgovllrnment for residents per employee ratio
• Gap has Increasedsince study was published
City has taken difficult, comprehensive and wide-ranging steps to align General Fund expenses
with revenues:
• FY2014•15 : City received S2 million unantlclp,ited st~tt.' reimbursement, otherwi se cuts were imminent
• FY2015 -16 : Sl0.4 million (deft'rred COLAadjustment s, new equipme nt)
·• FY2016•17: $4,Smillion (Includingellmlnotion of 13 run trme positions)
• FY2017 -18 : No significant discretionary increasesallowed
COB000249 568
4
10/20/2017
ExpenditureControls
Taken one tim e actionsin an effort to bide time for economyto recover
Elim,natfng/dcferred capital projects- shifted funds to operaring budget
Reduced City'scompensated abscncesreserve
Deferreda retiree healthcaretru1t p~ymem
Summary of Additional Controls

Services,programs~nd tull•tlme positions h~11e beenreducedor ehmlnated
Nonessen tial start travelban, temporaryemployees, overtime, tuition reimbursement progr.i
m, council
contlngency
Implemented 11\CP rccommendatioll!i- reallocationof available resourcesto improveservices
• Water conservation measures
Energyefficiency Improvemen ts
What Options Exist

Furtherexpenditurereductions
Revenueenhancements
Combinationof both
COB000250 s569
10/20/2017
All Posit ion Hirlng Freeze/Staffing Reduction
Personnelcosts = 81%of General Fund expenditures
• Public Safety = 62%of GeneralFund total expenditures
The most lmpactful meansto reduce ongoing GeneralFundspending Is to reduce personnel
costs
· l=urtherreduce levels of service, responsetimes to non-urgent matters
• Retention and employeemorale Issues
Closure of fire stati on(s)

Reducing firefighter positions does not result in budget sav,ngswithout closure of a station
Expenditure Reducti'ons
Other poten t ial savings:
Reduction of recreation program s and facility hours
Increase t ime between certain no n-essential activit1es - lawn mowing,

streetscape maintenance, striping, preventative street maintenance , facility
mai nten ance and upkeep
Recommended service level reduct ions wil l be brought to the Council based
on consult ation with each departme nt as it relates to the level of cuts
necessary
COB000251 570
6
10/ 20/2017
FY18 General Fund Revenues

""1:Hl!\•111 h 11in c, \/fr Ill' 11 1\
'"
-■
j It< ~
■err
General Fund Spending - Per Capita
LO<Mplt, S,5'0,000,000 IJII
011,- uo..... ,,., 1,246
S.olooe 1.1,uaun uu
!-"-·
S>nO'tto
471,ASl.ffl
1,111,... .,.,
"'
951
Sl<fWlllfntO
MolM!m
~11.&1•.000
:JC»,IIQ0,000 .
"°
.,
COB000252 7571
10/20/2017
SalesTax
Bakersfield 2017 Sales Tax Rate = 7.25%
$100 purcha~e= $7.25 SalesTax

$6 to State (Education, Public Safety, Social Services)
111111
Average Sales Tax Rate- Top 20 CACities.: 8.5%
.,
" •••
• 11 •11 .,
,•• it
.,
$.25 to County Transportation
® • • •· • •
$1 t o City ------t► Kept loeal for City Services - Police, Fire Parks,Streets, etc.
I
Property Tax
Property Tax Rate = 1% of Property Value
Schools- 60% County/

rlre Fund
City• 9% Special Distr icts - 6%
- 2S"'
COB000253 572
8
10/ 20/2017
Property & SalesTaxRevenueExamples

salesTax PropertyTax
New Car = $20,000 New House.. $300,000
7.2S96Sales Tax• $1,450

,,,l % Property Tax"' $3,000
j
I \
. . ,,
County/
\
Special
State
$1,200
County
$50 [];] 00
Schools
1,800 County Fire
$7S0
[fil 0
Districts
$180
RevenueEnhancements
Outside of the property tax (Propositio n 13), cities have authority to impose a broad rangeof taxes
However
Citycannotraisefees beyond the cost of providing that serv,ce- ex:odd/no 25% to rile existingpork rcntol/11e
cannot usecnterprose funds for General Fundexpenditure~ - u : usmgw!ltcrfur,ds to pay for policepocrol
Propos,1,on 218 requiresvoter approvalfor all localtax increases
Add on sales tax 1s the most common type of revenue measure implemented by voters In cities in CA
Undeslgnated u"s ., simplemo1oro
ty of voter approval
• Designatedz requires 2/3 voter approval
Cities in Californi a with active add on salest alCmea~ure"' 17&
COB000254 9573
10/20/2017
Top 20 Cities- SalesTax

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Revenue Enhancements
Add-on sales tax wou ld be applied to all taxable sales within the City lim it s
Revenue estimates depend on amount of th e approved sales tax measure

S16 million to $50 million annually
100% of add •on sales tax would come back to City:

Localcontrol - revenueswould not be subject to state whims
• Support and enhance GeneralFund programsand services: Police, Fire, Streets, Parks, Oeautification,
EconomicDevelopment, etc.
• Would assist in being able to provide levels ot serviceresidents have come to expect from City
• Would likely alleviate the need to further reduce staffing, programs arid services
COB000255
10574
10/20/ 2017
What do ResidentsThink?
Many cities consideringa sales tax measure will poll prospective
local voters
Helps prov ide the Counci l and staff with a clear understanding of the
opinions, percepti ons and priorities of voters
Statistically valid
Generally takes 6 week s to plan and conduct voter surveys through e-mail and
telephone questionnaires
· Sample size, type and length of questionnaire determine costs
Does not lock City Into placing measure on ballot - informational only
TaxMeasureTimeline Hypothetical
Oi:tober 2017: luue request for proposals for cons"ltant
November 15, 2017: Award consulting firm agrel'rnent ror 111abllltyaS$essmenl/polllngservices
December 2017 - February 2018: Voter Surveys/FocusGroups
Marc/I2018: Reviewsurvty resylts pnd determinea,1ttst«u
June 2018 : Adopt and submit necessnr\lresolvtlun ~nd ,mm$ to tha County Elec1lon.$Office
Nowember 6, 2018: Elclttion Oay
COB000256 11575
10/20/2017
Next Steps
Staff Issue a requestfor proposalsfor consultant 10 perform vlablllty assessment/votersurv£-Vs
Consultant agreement would be placed on future councll agenddfor consideration
Doesnot commit City lo placJnsmeasureon ballot
12576
COB000257
AGENDA
MEETINGOF OCTOBER11.2017
CouncilChambers,City Hall, 1501TruxtunAvenue

RegularMeeting5:15 PM
1. ROLLCALL
2. tNVOCATION
by Dr. DanielleWright, Freedom WorshipCenter.
3. PLEDGE OF ALLEGIANCE
by Ethan Calvillo,Junior at Bakersfield High
School.
4. PRESENTATIONS
6. \WRKSHOPS
a. Fiscal outlookupdate.
7. APPOINTMENTS
\Nard 5 a. Regular and Alternate Appointments (Nard 5) to the Keep
BakersfieldBeautifulCommitteedue to the expirationof term$
of Regular Committee Member David Taylor and Alternate
Committee Member Patrick Frase (terms expired November
2016).
StaffrecommendsCouncfldetermination.
8. CONSENT CALENDAR
Staffrecommendsadoptiona ConsentCa/endfiritems.
Minutes:
a. Approval of minutesof the September 20, 2017, RegularCity
CouncilMeetings.
Payments:
b. Receive and file department payments from September 8,
2017, to September 28, 2017, in the amount of
$27,195,101.41, Self Insurancepaymentsfrom September 8,
2017, to September 28, 2017, in the amountof $652,863.86,
totaling $27,847,965.27.
COB000258 577
Ordinances:
Ward 3 c. First readingof ordinanceamendingthe Official Zoning Mapin
litle 17 of the Bakersfield MunicipalCode by changing the
zone district from PCD (PlannedCommercial Development
Zone) to C-2/PCD (Regional Commercial/Planned
Commercial Development Zone) on 10.10 acres located
south of Sillect Avenueand northof RiversideDrive.
d. Adoption of ordinance adding Sections 17 .04:129 and
17.04.154 and amending Section 17.08.050 of the
Bakersfield MunicipalCode relatingto commercial cannabis
activity. (FR 09120/17)
Resolutions:
e. Resolution authorizingthe City to obtain credit from Union
Bank pursuant to commercial card agreement for corporate
borrowing.
f. Resolutionconfirmingapprovalby the City Managerdesignee
of the Chief Code Enforcement Officer's Report regarding
assessments of certain properties in the City for which
structures have been secured against enby or for the
abatement of certain weeds, debris, and waste matter, and
authorizingcollection of the assessmentsby the Kem County
TaxCollector.
Wird 6 g. Resolution determining that lighting can most efficiently be
obtained through cooperative procurement bidding
proceduresfrom MUSCOLightingand authorizingthe Finance
Director to dispense with bidding thereof, not to exceed
$350,000 .
Ward 2 h. Resolutiondetermining that a replacementZamboni® model
546 ice resurfacing machine cannot be reasonablyobtained
through the usual bidding procedures and authoriZJhgthe
Finance Director to dispense with bidding thereofI not to
exceed the budgeted amount of $118 ,000.
Ward(&) 1, 3, 5, 7 i. Resolutions to add tenitories to the Consolidated
MaintenanceDistrict and approVing,confinning, and adopting
the Public Works Director 's Report:
1. Area 3-103 (Tract7304 - NEof BerkshireRoad and Old

River Road)
2. Area 4-170 (5900 ComancheDrive)
3. Area 4-171 (301-313 Dr. Martin Luther King Jr.
Boulevard)
4. Area 5-86 (4500 Hugheslane)
Agreements:
COB000259 578
Ward 1, 6 J. Agreement with Manley'sBoiler, Inc. ($60,000), for plumbing
and boiler maintenance for the Public Works Department,
WastewaterDivision.
Ward 5 k. Final map and improvementagreement with Castle & Cooke
for Tract 7255 Phase 2, located at the southwest comer of
MingAvenueand Allen Road.
'M11<1
5 1. Final map and improvementagreementwith Castle & Cooke
for Tract 7299, Unit 1 located south of MingAvenue and east
of Renfro Road.
Werd 2 m. Improvement agreement with Giumarra Investments, LLC,
sucessor by conversion with G.C. Investments, LLC, for
Parcel 12112, Phase 4 located north of Stockdale Highway
and east of Coffee Road.
Ward 6 n. Amendment No. 4 to Agreement No. 90-279 with Sprint
Spectrum L.P. to approve the assignment of the transmitter
tower lease on McCutchenRoad from Nextel of Californiato
Sprint SpectrumLP. and to approve a subleaseof portions of
the tower areato T-Mobile.
Ward3 o. Amendment No. 6 to Agreement No. 11-100 with Parsons
Transportation Group ($87,865; revised not to exceed
$44,341,567} for design support services during the
construction of the Beltway Operational Improvements
Project.
Ward 3 p. Amendment No. 2 to Agreement No. 15-008 with NV5, Inc.
($1,103,333.81; revised not to exceed $11,170.,805.26}, for
construction management services for the Beltway
Operational Improvementsand the Rosedale Auxiliary Lane
Projects.
Ward 1, 6 q. On-call equipment maintenanceservices agreementsfor the
Public Wor1<sDepartment, WastewaterDivision:

ElectricalSystems and Instrumentation,Inc. ($100,000;
revised not to exceed $300,000 and extend term one
year).
Wilsons IndustrialPump, Inc. ($100,000; revised not to
exceed $300,000 and extend tem, one year).
Ward(s) 2, 3, 4. 5, 8, 7 r, Amendment No. 3 to Agreement No. 17-084 with W.M.
Lyles ($18,971,810; revised not to exceed $21,811,472} for
design and construction costs associated with the 1,2,3 -
Trichloropropane(TCP) MitlgatlonProject.
Ward(s) 2, 3, 4, 5, 6, 7 s. Professionalengineeringconsultantagreementfor the 1,2,3-
Trlchloropropane(TCP) MitigationProject:
COB000260 579
1. Amendment No. 1 to Agreement No. 16-250 With
Provost& PritchardConsultingGroup ($33,100; revised
not to exceed $733,900) for engineering services
associated with water system improvements for
the TCP MitigationProject.
2. Appropriate $33,100 in fund balance to the Water
Resources Capital ImprovementProgram budget within
theDomesticWater Fund.
Ward 1 t. MountVernonGreenWasteFacilityoperations:
1. Amendment No. 1 to Agreement No. 17-025 withK &

I Services ($275,000;revised not to exceed $575,000:
and to extend term through June 30, 2018) for the
trucking of woodchlps from the Mount Vernon Green
Waste Facllity.
2. Appropriate $151.000 in U,e County's share of the
Green Waste Facility costs and $124,000 in Refuse
Fund balance ta the Public Wori<s Department's
OperatingBudgetwithinthe Refuse Fund.
Property AcquisitionAgreements - TRIP:

Blds:
u, Accept bid from Lehr Auto Electric ($57,253.85) for Setina'
Manufacturingpolicevehicle equipment.
v. Accept bid from Safety Netv.orkHolding, Inc. ($138,738.60),
for traffic control devices for the Public Works Department,
Streets Division.
Wc!rd6 w. Accept bid and approve contract with Stockbridge General
CoAtractlng($2,061,000) for the Bakersfield Sports Village
Phase111 Soccer StadiumImprovementsProject.
Ward6 X. Accept bid and approve contractwith Eco Energy Solutions .
Inc., dba High Volt Electric ($323,625), for the Bakersf.ield
SportsVIiiage Phase II Soccer Field LightingProject.
Ward 4 y. Accept bid and award contract to Granite Construction
Company,Inc. ($717,753), to constructthe Westside Parkway
OperationalImprovements.
Ward2
24th Street SoundwallProject:
1. Accept bid and awardcontractto James E. Thompson,

Inc., dba JTS Construction($1,377,500)to constructthe
project.
2. Enter rnto a constructionmanagementagreement with
NV5, Inc. ($172,959.92), for constructionmanagement
services.
Ward 2
COB000261 580
aa. Sanitarysewer relocationfor the CentennialCorridor Project:
1. Accept bid and awardcontractto SpecialtyConstruction

Inc. ($1,922,525) , to constructthe project.
2. Approve consultant agreement with AECOM
($99,392)for constructionmanagementservices.
Miscellaneous:
ab. Appropriate$604,000 in Federalgrantrevenues(Selective
Traffic EnforcementProgram grantfrom the State Office of
Traffic Safety)to the General Fund Police Opera.tlngBudget.
ac. Appropriate$30,000 in Federalgrant revenuesto the General
Fund Police OperatingBudget, to fund the Bicycle/Pedestrian
Safetyand EducationProgram.
'herd 2. 6 ad. Appropriate $41,085 in grant funds from the California
Departmentof Water Resources' 2014 Water-EnergyGrant
Program to the Recreation and Parks Capital Improvement
Budgetwithinthe Capital OuttayFund.
ae. Reclassificationof Fleet MechanicI to Fleet MechanicII.
SuccessorAgencyBusiness:
af. Receive and file Successor Agency payments from
September8, 2017, to September28, 2017, in the amountof
$315,380.00.
Waro2 ag. Appropriate $17,548 in Successor Housh~ Agency Fund
balance to the Economic Development Operating Budget
withinthe Successor HousingAgency Fund for constructionof
a watermainand services at the 19th Street Senior Plaza.
Staff recommendsconductingConsentCalendarPublicHearingandapprovalof
items.
10. HEARINGS
Ward 2 a. Public hearingto consider a resolutionorderingthe removalof
the 24th Street crosswalks at Alder/A Streets and Drake/D
Streets.
Staff,ecommendsapprovalof the resolub"on
.
ward 6 b. Appeal by ChristianRamirezof the July 11, 2017, decision of
the Board of Zoning Adjustment to deny a Conditional Use
Permit to allow a recycling center for the purchasing of
CaliforniaRedemptic;mValuecontainers from the public in a C-
1 (NeighborhoodCommercial Zone) district located at 3300
PlanzRoad.
Staff recommendsupholdingthe decision of the Board of Zoning
COB000262 581
Adjustmentand denying CondltionalUse PermitNo. 17..0171.
ward(s) 1. 6 c. Public hearing to consider Action Plan Amendments to the
following U.S. Department of Housing and Urban
Development Action Plans:
1. FY 2014- 15 Amendment No. 7: Transfer funds from

Martin Luther King Community Center
Gym Rehabilitation ($25,000 in Community
Development Block Grant funds) to BakersfiAldSenior
Center - Gate Improvements.
CommunityHousing Development Organization(CHOO)
Set Aside ($155,226 in Home Investment Partnerships
funds) to Self-Help Enterprises - Do'Ml Payment
Assistance.
CHOO Set Aside {$144,774 in Home Investment
Partnerships funds) to Self-Help Enterprises - Down
PaymentAssistance.
Staff mcommends the City Council open the hearing, take no
action, and continue this item to the regularly scheduled meeting
of November15, 2017.
11. REPORTS
12. DEFERREDBUSINESS
13. NEWBUSINESS
a. California Water Service Companyfranchise renewal:
1. Resolution accepting the application of California Water

Service Company reque$tinga water franchise.
2. Resolution of intention to grant a franchise to California
Water Service Company.
Staffmcommendsadoption of the resolutions.
14. COUNCILANDMAYORSTATEMENTS
15. ADJOURNMENT
COB000263 582
e ADMINISTRATIVE
REPORT
I MEETINGDATE: 1011112017 Workshops6. a.

FROM: AlanTandy,City Manager
DATE: 10/2/2017
WARD:
SUBJECT: Fiscaloutloo.k update.
STAFF RECOMMENDATION
:
BACKGROUND
:
The City Manager'sOffice will provide the City Councilwitha multi-year fiscal outlook.
COB000264 583
FIRST
AMENDMENT
COALITION
November 6, 2017
Viridiana Gallardo - King

City of Bakersfie ld
1600 Truxtun Ave .
vking@bakersfieldcity .us
Re: City response to October 17, 2017 CPRA Request
Dear Ms. Gallardo - King:
I write in response to your October 23 , 2017 letter and document production (the
"Response" ), which responded to the California Public Records Act ("CPRA") request
for records submitted by the First Amendment Coalition ("FAC") on October 17, 2017
1
(the "Request.")
In its Request, FAC sought:
(1) All communications or other documents that were created , sent or received
by the City Council and/or its individua l members and that relate to or
(2) All communications or other documents that were created , sent or received
by the City Council and/or its individua l members before or after the City
Council meetings of July 9, September 6 and September 20, 2017 and that
concern actions to be taken as a result of any items discussed during
closed session on those dates.
In its Response, the City produced 41 pages of docum ents, most of which are dated in
October 2017, long after the meetings in question took place. None are dated prior to
August 20 17, although the Request sought documents well pre-dating that tim e.
1 FAC submitt ed its co rrespondence via e mail, fax and U.S. Mail on Octob er 17, 2017. The date on
FAC's letter, Octob er 18, 20 17, was an inadve rtent erro r. In any event, it is not the case, as stated
in the Respo nse, that the City received FAC's emailed or faxed co rresponde nce on Octobe r 19.
COB000265 584
In addition to obviously failing to produce documents responsive to the first category of
documents sought in the Request, the City's Response failed to include any documents
responsive to the Request's second category of documents.
Although FAC is aware of - and indeed attached to its Brown Act demand -- several
documents that pre-date October 2017 and that are responsive to FAC's requests, the
City has failed to produce those or indicate that it has withheld any responsive
documents. Within 10 days of the Request, the City was required to determine whether
the Request , in whole or in part, seeks copies of disc losable public records in the
possession of the agency and promptly notify the requester of both the determination
and the reasons therefore. (Gov. Code§ 6253(c).) The agency must explain in writing
the reasons for its withholding of any records . (Gov. Code § 6255.) Thus , even if the
City believes that responsive records are exempt from disclosure, the CPRA still
requires that the City identify those records and articulate the specific exemptions to
disclosure under the CPRA that the agency believes justify withholding.
Additionally, the notification of denial of any request for records must set forth the
names and titles or positions of each person responsible for the denial. (Gov. Code§
6253.) The Response fails to meet this requirement as well.
Finally, the Request asked the City to send all correspondence, including any
responsive documents, to my email address (dsnyder@firstamendmentcoalition.org).
The City failed to do so, instead sending hard copies to FAC's mailing address. The
CPRA requires agencies to provide records in the format requested by the requester.
(Gov. Code section 6253.9(a).) FAC has requested , and hereby reiterates its request ,
that the City provide all documents and correspondence to my email address , i.e., in
digital format. Please do so in all future correspondence.
Should the City fail to properly respond , as set forth above, no later than 5 p.m. on
November 8, 2017, and disclose all responsive records , FAC will be forced to consider
filing a petition for writ of mandate ordering the City to produce the records sought.
(Gov. Code section 6259 (a).)
Sincerely,
David Snyder
Executive Director
dsnyd er@fi rstamendme ntcoalition .erg
cc: City_ Council@bakersfieldcity.us; AdmAtt@bakersfie ldcity.us
534 fOUIJHSTIIEU, SIii£ I SH llFIEL. U UHi 15. 41 Ill • FlUTAIIEIDIEITCHUllOI.IRt
COB000266 585
CITY A'f"fORNl::Y
VIRGINIAGENNARO
1600TRIJXTUNAVENUI~
o•:r11·1·\ 1 cnv A'ITORNE:v FOURTIJFLOOR
Jo~huu 11.Rudnick BAKliRSFIELD
. {'/\ 93301
/\ndr cw I lcgluml
Richar~ lg,cr r1:;u.
:r110N1:: 661-326-3721
l7ACS IMILE:661-8S2.-2.020
ASSOCIATE CIT\' A1TOUN E\ '
Viridi1inuG1illurdo•Ki1u;
November 8, 2017
Via E-MailA Facsimile
l415J 460-s1ss
Mr. Dav id Snyder

dsnyde r@flrstamengm e ntc oalltion,01g
Dear Mr. Snyde(:
This letter is in response to your November 6. 2017 letter received by the

did not deny any req uests. The "en c losures" you mention were not included in
our response because you already had th e records in your possession and we
did not see the need in providing th em again. Additiona lly, and most
fmporfant ly, the enclosures are confidential pur ~uant to Government Code
Section 54956.9.
If you have any qu estions, fee l free to cal l rne of (661} 326-372 1.
Very truly you rs,

/
I ' I ,,
. U✓~~<--_,,..., ~-««-1".t~·✓~r-
..,.._,
v VIRIDIANAGALLARDO-KING (}
Assoeiate Attorney
VG:lsc
S:\ CLCRl:\f'ubRoe,\ I l •l S\firsl llm endrnonl .Brownll c l.?.do cx
COB000267 586
FIRST
AMENDMENT
COALITION
February 26, 2018
Christopher Gerry
Acting City Clerk (via us mail and facsimile to (661) 323-3780)
City of Bakersfield
1600 Truxtun Ave .
Alan Tandy (via us mail and email to AdmMgr@bakersfieldcity.us)

City Manager
City of Bakersfie ld
1600 Truxtun Ave.
City Council (via us mail and email to City_ Council@bakersfieldcity.us)

City of Bakersfield
1600 Truxtun Ave .
NOTICE OF VIOLATIONS OF THE BROWN ACT (GOV. CODE§ 54950 et seq.)

Dear Acting City Clerk , City Manager , and City Council :
On October 17, 2017 , First Amendment Coalition ("FAC") sent a Cease and Desist
Demand (the "Demand ") to the City regarding the City failure to comply with the Ralph
M . Brown Act , Government Code section 54950 et seq . ("Brown Act"}. The Mayor
respond ed on or about November 3, 2017, denying that the Council violated the Brown
Act. After the City failed to comply with the Demand , FAC and Californians Aware filed
a lawsuit against the City on December 21, 2017 . After filing, John Szewczyk of Clifford
& Brown , the attorneys representing the City in that litigation , claimed that the Brown
Act Demand should have been submitted to the City Cle rk . While FAC and Californians
Aware disagree , and the Demand was clearly received the City Counci l, the City
Attorney , and the Mayor, per Mr. Szewczyk 's claim, we resubmit this Demand directly to
the City Clerk.
COB000268 587
This letter serves as a demand to cease and desist the practices described herein
constituting violations of the Brown Act.
The City Council met in closed session on July 9 , September 6 and September 20,
2017 1 to consider and discuss wide -ranging issues relating to potential tax increases in
the City of Bakersfield (the "City"), as well as potential significant staffing cuts . City staff
presented detailed and thorough information regarding the City's finances, its financial
outlook, the effect of various forms of tax increases on the city's financial outlook, and
the effect of layoffs on the city's financia l outlook .
The agendas for the July 9, September 6 and Septemb er 20 City Council meetings
contain no reference to any of these topics . Instead , the City Council appar ently
attempt ed to justify its wide -ranging discussion , in closed session , of the city's finances
and tax issues by agendizing such discussion under the "anticipated litigation " exception
These closed -session meetings violated the Brown Act in a number of ways .
First , the City Council violated the Brown Act by failing to properly provide notice of the
items it discussed in closed sessions . T he City's agendas for the July 9, September 6,
the City 's finances. The Brown Act requires every agenda to contain a description of
each item of business to be discussed . (Gov . Code section 54954 .2(a) .) This is also
required for any item to be discussed in closed session . (Gov . Code section 54957 .7) .
agenda ," and the body "may only consid er those matters '' that were included in its
statement of items to be discussed in closed session . (§§ 54957 .7(a) , 54954 .2{a)(2).)
Second , any general discussion regarding the City's finances , such as the discuss ion
held in closed session at the July 9, September 6 and September 20 City Counci l
meet ings , must be done in open session . Except were expressly authorized by statute ,
''no closed session may be held by any legislativ e body of any local agency .'' (Gov.
Code section 54962.) "These exceptions have been const rued narrowly; thus if a
specific statutory exception authorizing a closed session cannot be found , the matter
must be conducted in public regardless of its sensitivity ." (California Attorney General ,
The Brown Act: Open Meetings for Local Legislativ e Bodies (2003) at pg . 1.) As
describ ed by the Attorney Genera l, 'Th e Legislature 's addition of section 54962
effectively eliminated the possibi lity of finding an implied authorization for a closed
session ." (88 Ops.Cal.Atty .Gen. 16 (2005) .)
1 While FAC is presently aware of these three closed sessions, it appears that similar closed
set out herein.
S U FOIIUH STIEU , HIH II SU U FAEl, CA911 0 1 41 . 01 . II • F I ISTAII Elll ■EIITCHl.lTIOII. D RI
COB000269 588
There is no exception to the Brown Act 's open-meetings requirement which would allow
The City 's reference to "anticipated litigation" provides no cover for such discussion .
"The purpose of the [litigation] exception is to permit the body to receive legal advice
non litigation oriented policy decisions .'' (71 Ops. Cal. Atty . Gen . 96, 104-105 (1988) .)
As the Attorney General opined within the first decade of the Brown Act's enactment ,
not appropriate for a closed session , because the public is entitled to know what this
advice is in order to evaluate the performance of the body . (36 Ops.Cal.Atty.Gen . 175
(1960) .) The mere possibility that a body's action might be challenged in court provides
no basis to discuss the proposed action in closed session , since virtually any proposed
action could result in litigation - and, thus, under such a rationale virtually all proposed
actions would justify excluding the public. (71 Ops.Cal.Atty .Gen 96 (1988) ["to conclude
review ...would be tantamount to saying that any legislative body of a local agency
would meet in private on any matter , since , if they do not proceed in the manner
lawsuit to correct their action . Such a mere possibility is not what is contemplated in
[the potential litigation except ion]".)
"anticipated litigation ," but only where a point has "been reached where, in the opinion
existing facts and circumstances , there is a significant exposure to litigation aga inst
the local agency ." (§ 54956.9(d)(2) .) Under Section 54956 .9(e} , for purposes of holding
such a closed session, "existing facts and circumstances " are expressly limited to
only one of the following situations :
potential plaintiff or plaintiffs , which facts and circumstances need not be
disclosed .
(2) Facts and circumstances , including , but not limited to , an accident ,

disaster , incident, or transactional occurrence that might result in litigation
against the agency and that are known to a potential plaintiff or plaintiffs,
which facts or circumstances shall be publicly stated on the agenda or
announced.
(3) The receipt of a claim pursuant to the Government Claims Act. ..or some
other written communication from a potential plaintiff threatening litigation ,
534 fOUIITffnun, SIii( I UIIAFIEl. CAUIOI • 41~.na .HI • FIISTAIUlllENtOOUITI OII.OIIO

COB000270 589
which claim or communication shall be available for public inspection
pursuant to Section 54957 .5.
(4) A statement made by a person in an open and public meeting threatening

litigation on a specific matter within the responsibility of the legislative
body.

available for public inspection pursuant to Section 54957.5.
Therefore , any time a closed session is scheduled because there is a "significant

exposure to litigation ,'' the facts and circumstances must be made known to the public ,
plaintiff . The Attorney General summarizes the disclosure requirements as follows :
the agency is aware of something that is likely to prompt a litigation threat-
some accident, disaster, incident or transaction such as a contract dispute-
"the facts must be publicly stated on the agenda or announced" prior to the
closed session .
• If a claim or some other written threat of litigation has been received , the
must be publicly stated on the agenda or announced '' prior to the closed
session .

and public meeting, ''reference to the statement must be publicly stated on
the agenda or announced" prior to the closed session .
• When an oral threat of litigation is made outside a meeting , it may not be

it makes a memo explaining what was said . The memo is a public record and
"reference to the claim or communication must be publicly stated on the
agenda or announced" prior to the closed session.
(California Attorney General, The Brown Act: Open Meetings for Local Legislative Bodies
(2003) at pg. 23.)
The disclosure requirements serve an important purpose :
, CABUOi • 411 , ♦ l ,HI

534 FO,UITB STIIHT,SIil( 8 SAi RAFAEL • FIISTAIIHDIIUTCULITION
.ORI
COB000271 590
[T]he important balance which the Brown Act attempts to draw between the
requirement that public business be conducted in public and the practical
need public agencies have for confidentiality when attempting to make
rational decisions about the legal strength of argument asserted by an
actual or probably adversary .. .The Brown Act attempts to draw that
balance by, among other devices , requiring disclosure to the public of facts
and circumstances which show that a public discussion of a particular
matter is prejudicial to the agency's interests.
County Bd. Of Supervisor s (1968) 263 Cal.App.2d 41, held "[n]either the attorney's
Here, even had there been an actual threat of litigation which could have met the defined
set of "facts and circumstances '' necessary to hold a closed session under Section
54956.9 , the City Council was not permitted to take action in closed session under the
guise of ''anticipated litigation" on an issue which must be discussed in open session.
In Trancas Property Owners Assn . v. City of Malibu (2006) 138 Cal.App.4th 172, the Court
invalidated a settlement agreement adopted in closed session; the settlement agreement
included the City's commitment to approve a development agreement. Because the city's
decision to discuss the settlement agreement in closed session usurped the public's right
to participate in the decision-making process regarding the development agreement, the
City's action violated the Brown Act.

empower a city council to take or agree to take, as part of a non-
publicly-ratified litigation settlement, action that by substantive law
may not be taken without a public hearing and an opportunity for the
public to be heard. As a matter of legislative intention and policy , a statute
that is part of a law enacted to assure public decision. making , except in
narrow circumstances, may not be read to authorize circumvention and
indeed violation of other laws requiring that decisions be preceded by public
hearings, simply because the means and object of the violation are
settlement of a lawsuit.
(Id. at 186; internal citations omitted ; emphasis added.)
Finally , a review of the City's agendas shows that the City routinely notices closed
sessions pursuant to Government Code section 54956.9(d)(2) , which allows a
534 fOUITIInun. SUll( I UI UFAEl . OA84901 411.HO. Ill • FIISTAMU DMEUOOUITIOII.OlRI
COB000272 591
and circumstances . To avoid its disclosure requirements , the City repeatedly relies on
Government Code section 54956(e)(1) , which would allow the District to refrain from
disclosing "existing facts and circumstances" if the facts and circumstances are "not yet
known to a potential plaintiff or plaintiffs." Because it would be highly unusual for a
disclosure requirements .
action by mandamus , injunction, or declaratory relief for the purpose of stopping or
preventing violations or threatened violations," "to determine the applicability of this
determine the applicability of this chapter to past actions of the legislative body ."
FAC demands that the City Council cease and desist from the practices set forth above,
which impair the public's ability to participate in its government. Namely, the City Council
must acknowledge the Brown Act violations set forth above, and must agree
unconditionally to refrain from the following practices in the future :
City's finances , in closed session where no closed session exemption
provides a basis for the closed session discussion ; and,
sessions pursuant to Government Code section 54956 .9(d)(2).
Thank you for your prompt attention to these important matters .
Sincerely,
David Snyder
Executive Director
cc: John Szewczyk (via US mail and email to JSzewczyk@clifford -brownlaw .com)
SH FOUI Tltnun . SHH I SH U FAEL.CA HIOI • ◄ l t. 411 . II • FIIS lAMU III U TCOlll TIDII.DRI
COB000273 592
c 1n · ATTORNE,
VIRGINIA c~:NNARO
I600TRUXTUN AVENUE
IH:PUTV Ctn · A'f·roR NEV FCJURT I-IFLOOR
Joshua M. Rmlnick 13AKERSF
I F.ID, CA 9330I
Andrew I lcglund
Richard lg~r rELEPIlONE:661-326-3721
FACSIMILE: 661-852-2020
ASSOCIATE CIT Y A'l1 '0R NEY
Viridinna Gallnrdo-King
OFFICEOF THE CITY ATTORNEY
March12,2018
David Snyder
53-4Fourth Stree t, Suite B
San Rafael, Ca lifornia 94901
Fax: (4 15) 460-5060
RE: Fii'st Am endm ent Coalition a11d California A wa1·e1 v. City of

Ba.ke1·sfield
Kern County Superior Court Case No. BCV·l 7·102929
Dear Mr. Snyder:
This letter will acknowledge rece ipt of your co rrespo nd ence dated
Feb ruary 26, 2018. Our response, as set forth by Mayor Goh in her lette r dated
Nove mb er 03, 2017, to the First Ame hd ment Coa lition letter da ted Octobe r 17,
2017, rema ins the position of th e City of Bakersfield.
Very_)fu l~(L -rs, . -·

/ ./
(1//4/<~ l .,.., i._ ,,.,_,_-f a..,,Lc
Vl~Jl,INIAGENNARO
City Attorney
VG:olc
Cc : Mayor & City Counci l

Alan Tandy - City Manager
John Szewczyk
S:\ L1
1lga11
o n \ FlrsrAmdCoo!lllon-Co1Aware\ CO(r\ Snyder LerIer.docx
COB000274 593
1 PROOF OF SERVICE
2 I reside or work within in the County of Los Angeles, State of California. I am
3 over the age of 18 and not a party to the within action. My business address is 1502
4 Foothill Blvd., Suite 103-140, La Verne, CA 91750.
5 On October 17, 2019, I served the foregoing documents described as NOTICE
6 OF MOTION & MOTION FOR WRIT OF MANDATE, INJUNCTIVE, AND
7 DECLARATORY RELIEF FOR VIOLATIONS OF THE RALPH M. BROWN
8 ACT; CALIFORNIA PUBLIC RECORDS ACT; AND CALIFORNIA
9 CONSTITUTION, ART. I SEC. 3(B), MEMORANDUM OF POINTS AND
10 AUTHORITIES; DECLARATION OF KELLY AVILES; EXHIBITS A
11 THROUGH X on the parties in this action as listed in the attached service list by the
12 following means:
13
14 Service List
Jeffrey Travis (jszewczyk@clifford-brownlaw.com)
15 John R. Szewczyk (jtravis@clifford-brownlaw.com)
16 Clifford & Brown
1430 Truxtun Ave. Ste. 900
17 Bakersfield, CA 93301
Attorneys for Defendant/Respondent CITY OF BAKERSFIELD
18
19
Electronic Service
20
I caused the documents to be sent to the persons at the electronic notification
21
addresses listed above from the electronic notification address:
22
kaviles@opengovlaw.com.
23
I declare under penalty of perjury under the laws of the State of California that
24
the foregoing is true and correct.
25
26
Date: October 17, 2019 /s/Albert D. Aviles
27 Albert D. Aviles
28
-1-
PROOF OF SERVICE
Subject: ClassAct Reserva-on Alert Message
Date: Thursday, October 17, 2019 at 9:15:47 AM Pacific Daylight Time
From: support@KernCourtLink.com <support@KernCourtLink.com>
To: csharp@classact.us <csharp@classact.us>, Kelly Aviles <kaviles@opengovlaw.com>
Greetings,
Your reservation (ID#36169) for 11/12/2019 has been submitted. You have 3 business days to bring in
your paperwork and pay for it. It will be automatically deleted after 3 business days. You can always
check the status of your reservations on the MyReservations page of the KernCourtLink.com.
Your courtroom time is 8:30 AM.
Best Regards,
Superior Court of Kern County [www.kern.courts.ca.gov]
Reservation Details:
ID: 36169
Date Reserved: 11/12/2019
Case Number: O-0-DY-0
Date Entered: 10/17/2019
Motion Type: 4002A
Page 1 of 1

First Amendment Coalition Vs City of Bakersfield: Opening Brief

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First Amendment Coalition Vs City of Bakersfield: Opening Brief

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1 KELLY A.

AVILES DAVID SNYDER

12 Attorneys for Petitioner

NOTICE OF MOTION; MEMORANDUM OF POINTS AND AUTHORITIES

2 ATTORNEYS OF RECORD HEREIN:

4 thereafter as counsel may be heard, in Department 10 of the above-entitled court

5 located at 1415 Truxtun Avenue, Bakersfield, California 93301, Petitioners/Plaintiffs

6 FIRST AMENDMENT COALITION (“FAC”) and CALIFORNIANS AWARE: THE

7 CENTER FOR PUBLIC FORUM RIGHTS (“CalAware”) (collectively, “Petitioners”) will

8 and hereby do move this Court for:

9 (1) a declaration that the closed sessions held by Respondent/Defendant CITY

11 2017, violated the Ralph M. Brown Act;

12 (2) a writ of mandate prohibiting similar future Brown Act violations;

9 B. The CPRA Violations ........................................................................... 10

10 III. ARGUMENT ................................................................................................. 11

17 IV. CONCLUSION ............................................................................................. 21

18 DECLARATION OF KELLY AVILES .............................................................................. 23

15 Gov’t. Code § 6254.15 ....................................................................................................... 18

21 Gov’t. Code § 54957.5............................................................................................14, 18, 19

22 to facilitate public participation in all phases of local government decision-making, and

23 to curb subversion of the democratic process by secret legislation of public bodies.

24 (Chaffee v. San Francisco Library Commission (2004) 115 Cal.App.4th 461.) It

27 Supervisors (2003) 112 Cal.App.4th 1313, 1321.

11 This exception must be construed narrowly, lest it be abused: “Neither the

14 (Sacramento Newspaper Guild v. Sacramento Bd. Of Supervisors (1968) 263

21 justify a “litigation” closed session on any matter]; 36 Ops.Cal.Atty.Gen. 175 (1960)

22 [advice as to lawfulness or legal implications of proposed action not appropriate for a

24 body’s performance of the body].)

25 conduct of the people's business is a fundamental and necessary right of every

16 Ex. I City’s Responses to FAC & CalAware CPRA Requests

26 Ex. O City’s Answer to First Amended Petition

REGULARMEETING- 3:30 p .m . ACTION TAKEN

Present: Mayor Goh, Councilmembers Gonzales,

C. Conference with Legal Counsel- Potential

4. CLOSED SESSION continued ACTION TAKEN

Motion by C ouncilmember Weir to adjourn from APPROVED

Meeting reconvened at 5:15 p.m.

5. CLOSED SESSION ACTION

a. Conference with Legal Counsel- Existing STAFFWAS GIVEN

b. Conference with Legal Counsel - Existing NO REPORTABLE

C. Conference with Legal Counsel - Potential NO REPORTABLE

Mayor Goh adjourned the Closed Session meeting at

REGULARMEETING-5: 18 p.m. ACTION TAKEN

Present: Mayor Goh, Councllmembers Rivera,

Absent: Vice-Mayor Smjth

2. INVOCATION by Pastor Vernon Kemp, Greater Harvest

3. PLEDGEOF ALLEGIANCEby Marisa Edmonston , student

a. Presentation of a Proclamation by Moyer Goh

Ms. Woolfolk accepted the Proclamation ond

b. Presentation of a Proclamation by Mayor Goh

Elijah Lidgett accepted the Proclamation and

c. Presentation of a plaque by Mayor Goh to

Ms. Heather Penella, Mayoral Alternate for the

Mr. Osborn accepted the Proclamation and

5. PUBLICSTATEMENTS ACTION TAKEN

a. Curtis Bingham Sr., Street Evangelist, expressed

C. Mona Sidhu spoke regarding the proposed

d. The following individuals spoke regarding

Councilmember Rivera left the meeting at this time.

a. Workshop on Water Rate Study and proposed

Assistant City Clerk Drimakis announced o staff

City Manager Tandy mode staff comments.

Water Resources Manager Chianello made