Minutes — Bakersfield City Council, March 11, 2026 (part 2 of 6)

Effective Date:

Insured Name:

ABCDEFGHI
JKLMN

1. ADDITIONAL INSUREDS
a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement:
(1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to:
(a) the bodily injury or property damage; or
(b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage.
b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
(1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below.

Any coverage granted by this endorsement shall apply only to the extent permissible by law.

A. Controlling Interest
Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organizations liability for bodily injury, property damage or personal and advertising injury arising out of:

1. such person or organizations financial control of a Named Insured; or

2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

B. Co-owner of Insured Premises
A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owners liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises.

C. Grantor of Franchise
Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organizations liability for bodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured.

D. Lessor of Equipment
Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insureds maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease.
ª4" "9)AoT=M¥9K«¬¬¬20020002250933795229459

CNA PARAMOUNT
5093379522
3 Nat'l Fire Ins Co of Hartford 07/06/2025

HIGHSTREET IT SOLUTIONS, LLC
Technology General Liability Extension Endorsement
CNA74872XX (1-15) Policy No:

Page 3 of 14 ends

Effective Date:

Insured Name:

ABCDEFGHI
JKLMN
E. Lessor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

F. Lessor of Premises
An owner or lessor of premises leased to the Named Insured, or such owner or lessors real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

G. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receivers liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insureds ownership, maintenance, or use of a premises by a Named Insured.

The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

H. State or Governmental Agency or Subdivision or Political Subdivisions Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivisions liability for bodily injury, property damage or personal and advertising injury arising out of:

1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies:
a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or

2. the permitted or authorized operations performed by a Named Insured or on a Named Insureds behalf.

The coverage granted by this paragraph does not apply to:
a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard.

With respect to this provisions requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured.

CNA PARAMOUNT
5093379522
3 Nat'l Fire Ins Co of Hartford 07/06/2025

HIGHSTREET IT SOLUTIONS, LLC
Technology General Liability Extension Endorsement
CNA74872XX (1-15) Policy No:

Page 4 of 14 ends

Effective Date:

Insured Name:

ABCDEFGHI
JKLMN
I. Trade Show Event Lessor

1. With respect to a Named Insureds participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organizations liability for bodily injury, property damage or personal and advertising injury caused by:
a. the Named Insureds acts or omissions; or
b. the acts or omissions of those acting on the Named Insureds behalf, in the performance of the Named Insureds ongoing operations at the trade show event premises during the trade show event.

2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard.

J. Vendor
Any person or organization but only with respect to such person or organizations liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business, provided that:

1. The coverage granted by this paragraph does not apply to:
a. bodily injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement;
b. any express warranty unauthorized by the Named Insured; c. any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
e. any failure to make any inspections, adjustments, tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
f. demonstration, installation, servicing or repair operations, except such operations performed at such person or organizations premises in connection with the sale of a product; g. products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for such person or organization; or h. bodily injury or property damage arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(1) the exceptions contained in Subparagraphs d. or f. above; or (2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.

2. This Paragraph J. does not apply to any insured person or organization, from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products.
ª4" "9)AoT=N¥0H«¬¬¬20020002250933795229460

CNA PARAMOUNT
5093379522
3 Nat'l Fire Ins Co of Hartford 07/06/2025

HIGHSTREET IT SOLUTIONS, LLC
Technology General Liability Extension Endorsement
CNA74872XX (1-15) Policy No:

Page 5 of 14 ends

Effective Date:

Insured Name:

ABCDEFGHI
JKLMN

3. This Paragraph J. also does not apply:
a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor c. if bodily injury or property damage included within the products-completed operations hazard is excluded by endorsement to this Coverage Part.

K. Other Person Or Organization / Your Work
Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insureds acts or omissions.

The coverage granted by this paragraph does not apply to any person or organization:

1. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part; nor

2. for bodily injury or property damage included within the products-completed operations hazard except to the extent all of the following apply:
a. this Coverage Part provides such coverage;
b. the written contract or agreement described in the opening paragraph of this ADDITIONAL INSUREDS Provision requires the Named Insured to provide the additional insured such coverage; and c. the bodily injury or property damage results from your work that is the subject of the written contract or agreement, and such work has not been excluded by endorsement to this Coverage Part.

2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSUREDS INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph:

If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and noncontributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured.

B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K. of this endorsement, the following sentence is added to the paragraph above:

Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization.

3. BODILY INJURY EXPANDED DEFINITION
Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following:

Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease.

4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE
Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit Condition is amended to add the following provisions:

A. BROAD KNOWLEDGE OF OCCURRENCE
Workers Compensation And Employers Liability Insurance
Policy Endorsement

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.

This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual.

Schedule
Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement.

The premium charge for the endorsement is reflected in the Schedule of Operations.

All other terms and conditions of the policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.

WC 5 93379536
Endorsement No: 6; Page: 1 of 1 Policy Page: 209 of 354 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, Chicago, IL 60606
Form No: WC 00 03 13 (04-1984)
Endorsement Effective Date:

Policy No:

ADMINISTRATIVE REPORT
MEETING DATE: March 11, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: February 25, 2026
SUBJECT: Amendment No. 5 to Agreement No. 2022-047 with San Joaquin Fence & Supply (increase compensation by $500,000; revised not to exceed $4,800,000 and extend the term by one year) to continue the supply of installed fencing.

RECOMMENDATION:

Staff recommend approval of the amendment.

BACKGROUND:

On March 16, 2022, the City Council approved the annual contract for the supply of installed fencing with San Joaquin Fence and Supply, in the amount of $1,200,000; renewable annually thereafter for four consecutive one-year periods.

The Annual Contract for installed fencing is used by the Recreation and Parks Department, Fire Department, Water Resources Department (including its Wastewater Division), and the Public Works Department’s Streets and Solid Waste Divisions. The services provided under this contract include re-fencing, site beautification, and ongoing security enhancements at various City locations.

Per the terms of the contract, amendments increasing the contract and/or extending the contract have been approved as follows:
 Amendment 1 approved December 14, 2022; increased compensation by $150,000.  Amendment 2 approved March 8, 2023; increased compensation by $1,350,000 and extended the term by one year to March 15, 2024.
 Amendment 3 approved March 13, 2024; extended the term by one year to March 15, 2025.  Amendment 4 approved March 12, 2025; increased compensation by $1,600,000 and extended the term by one year to March 15, 2026.

If approved, Amendment No. 5 will increase compensation by $500,000 for a revised not to exceed amount of $4,800,000 and extend the term by one year. This extension will allow the City to continue to meet the fencing needs for various departments to the final term date of March 15, 2027.

FISCAL IMPACT:

Funding for this work will be from a variety of sources including General Fund, Refuse, Water, Park Improvement and Capital Outlay. This not all of the cost is born by the City General Fund.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

Partially signed Amendment No. 5 to Agreement No. 2022-047

ADMINISTRATIVE REPORT
MEETING DATE: March 11, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: February 25, 2026
SUBJECT: Amendment No. 3 to Agreement No. 2023-077 with California Water Technologies, LLC (extend term by one year) to continue the supply of ferric chloride.

RECOMMENDATION:

Staff recommend approval of the amendment.

BACKGROUND:

On March 22, 2023, the City Council approved the annual contract for the supply of ferric chloride with California Water Technologies, LLC, in the amount of $189,795.81; renewable annually thereafter for four consecutive one-year periods.

Per the terms of the contract, amendments increasing the contract and/or extending the contract have been approved as follows:
• Amendment 1 approved March 13, 2024; extend term by one year to March 22, 2025. • Amendment 2 approved March 12, 2025; extend term by one year to March 22, 2026 Wastewater Plant 3 uses ferric chloride in the digesters to reduce the concentration of hydrogen sulfide in order to maintain compliance with permit requirements issued by the San Joaquin Valley Unified Air Pollution Control District Air Board.

Currently, there is $189,795.81 remaining on the contract. If approved, Amendment No. 3 will extend the term by one year to allow the City to continue to meet the demand for the supply of ferric chloride to the term date of March 22, 2027.

FISCAL IMPACT:

Funds are budgeted in the Sewer Enterprise fund for this contract.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

Signed Amendment No.3

ADMINISTRATIVE REPORT
MEETING DATE: 3/11/2026 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and Council
FROM: Zachary Meyer, Public Works Director
DATE: 2/9/2026
SUBJECT: Contract Change Order No. 99 to Agreement No. 18-176 with Security Paving Company (increasing compensation by $30,000.00; revised not to exceed $52,042,387.03), for the Bakersfield Freeway Connector Project. (Wards 1 & 2)
RECOMMENDATION:

Staff recommends approval of the change order.

BACKGROUND:

The Bakersfield Freeway Connector Project will construct improvements along westbound State Route (SR) 58 and southbound SR-99. The improvements include an additional auxiliary lane on westbound SR58, realignment of the westbound SR-58 to southbound SR-99 connector, construction of a branch connector for SR-58 to southbound SR-99 and construction of a collector distributor along southbound SR-99 for the Ming Avenue off-ramps.

Contract Change Order (CCO) No. 99 provides additional funds for CCO 94, which was approved on June 26, 2024, to perform additional traffic control. The estimated funds under CCO 94 were depleted. This change order compensates the contractor for the work more specifically described under CCO 94 and results in a net increase of $30,000.00.

The Contractor has refused to sign CCO No. 99 alleging additional time and money. However, the Contractor needs to substantiate the request for time and money. In a good faith effort to make payments to the Contractor, staff recommends unilateral approval of this change order using the engineer's calculated quantities and without the Contractor's signature. If the Contractor later submits acceptable justification for revisions to this change order, staff will review the additional information and, if changes are warranted, a supplemental change order may be in place on a future City Council Agenda.

FISCAL IMPACT:

The sum of all change orders to date on this project reflects a total cost increase of $3,455,992.03 which results in a 7.11% increase of the original contract amount as illustrated below:

Original Contract Amount = $48,586,395.00
Previous Change Orders = $3,425,992.03
Current Change Order = $30,000.00
Amended Contract Agreement after CCO = $52,042,387.03
Net Increase to date = $3,455,992.03
There is no General Fund impact associated with this change order.

Funding for this change order is available in project TRCC22 Bakersfield Freeway Connector Project.

COUNCIL GOAL:

Reliable infrastructure
ATTACHMENTS:

Contract Change Order

CITY OF BAKERSFIELD
Thomas Roads Improvement Program
SHEET 1 OF 1
CONTRACT NO. P.O. NO.

PROJECT: Bakersfield Freeway Connector Project
FEDERAL NO. (S)
CONTRACTOR: Security Paving Company
ADDRESS: 2915 Fairhaven Drive
Bakersfield, CA 93309

YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT.

NOTE: This change order is not effective until approved by City Council or City Engineer CHANGE SUBMITTED BY: Arturo Infante, Construction Manager DATE: 2/9/2026 CHANGE REQUESTED BY: Arturo Infante, Construction Manager DATE: 2/9/2026 ACCOUNT NO (S) 122-4021-825-8041 TRCC22 - (144)
126-4021-825-8041 TRCC22 - (245)
151-4021-825-8041 TRCC22 - (245) INCREASE $30,000.00
335-4021-825-8041 TRCC22 - (245) DECREASE $0.00
By reason of this order the time of City Council Approval Required YES x completion will be adjusted as follows: NO ADJUSTMENT NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor
Countersigned: Finance Director Date
Accepted, Date: Contractor: Title:

We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.

CONTRACT CHANGE ORDER
Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. 18-176 99
PRNSL-5109(245)
CHANGE ORDER NO.

EXTRA WORK AT FORCE ACCOUNT:

This change order provides additional funds for Change Order No. 94, which was approved on June 26, 2024 to perform Traffic Control work. The estimated funds under CCO 94 were depleted. CCO #99 increases the funding by $30,000 to compensate the contractor for the work described under CCO 94.

Extra Work at Force Account: $30,000.00
TIME ADJUSTMENT:

There shall be no time associated with this change order.

UNILATERAL

ADMINISTRATIVE REPORT
MEETING DATE: March 11, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: February 19, 2026
SUBJECT: Contract Change Order No.1 to Agreement No. 2023-206 with Crosstown Electric and Data Inc. ($28,755.70; revised not-to-exceed $2,328,755.70) for the Advanced Traffic Management System. Signal Coordination Part 1 (T1K304/CML 5109 (268), Traffic Signal Communications on Arterials (T1K305) CML 5109 (269)). (Wards 2,3,4,6)
RECOMMENDATION:

Staff recommends approval of the change order.

BACKGROUND:

The work to be performed consists, in general, installation of new signal controller equipment and software along the street corridor segment of:
 Truxtun Avenue between Coffee Road and S Street.
 H Street between White Lane and Truxtun Avenue.
 Oak Street between Palm Street and 24th Steet.
 Ming Avenue between Scarlet Oak Drive and Valley Plaza.  Hageman Road between Old Farm Road and Fruitvale Avenue.  Coffee Road between White Lane and Jayme Avenue.
 23rd Street between F Street and M Street.
 24th between Oak Street and M Street.

Project T1K304 and Project T1K305 were combined and bid together. Change Order No. 1 provides for the replacement of the existing CAT-5 cable. During construction, it was discovered that the new Iteris cameras were not compatible with the existing CAT-5 cabling system. To ensure proper system performance, the existing CAT-5 cable must be replaced with new CAT-6 cable. The contractor agrees to do the above-mentioned work for the lump sum price of $28,755.70.

FISCAL IMPACT:

Project T1K304 and T1K305 are funded with State and Federal funds. Sufficient funds are budgeted to cover the cost of this Contract Change Order.

The total cost increase for contract change order number one is $28,755.70. This is the final change order for the project, and the project has been completed. This final change order reflects a total cost increase of $28,755.70 (1.25% increase to the original contract amount) as illustrated below:

Original Contract Amount = $2,300,000.00
Total of Previous Change order approved by council
contingency = $0
Current Contract Change Order = $28,755.70
Amended Contract Amount after Change order = $2,328,755.70 Net Increase to Date = $28,755.70
COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

Contract Change Order

ADMINISTRATIVE REPORT
MEETING DATE: March 11, 2026 AGENDA CATEGORY: Consent - Bids TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: January 15, 2026
SUBJECT: Carbon Media Change-Out Services for Bakersfield Sanitary Landfill Accept Proposal and Approve Contract with Carbon Supply Inc ($300,000) for providing granular activated carbon, associated equipment and change-out services for Bakersfield Sanitary Landfill (Ward 3).

RECOMMENDATION:

Staff recommends acceptance of proposal and approval of agreement.

BACKGROUND:

The City has maintained an agreement for the supply and replacement of granular activated carbon (GAC) used in air quality control systems at the Bakersfield Sanitary Landfill, 4200 Panorama Drive. The GAC is necessary to ensure compliance with applicable emissions regulations and to support the continued operation of the landfill’s environmental control systems.

Due to recent regulatory changes implemented by the California Air Resources Board (CARB), the City is required to increase the frequency of carbon media change-outs and utilize upgraded equipment to remain in full compliance. These updated regulations have significantly increased the cost of providing the required granular activated carbon, associated equipment, and change-out services beyond the limits of prior agreements.

To address these requirements, a Request for Proposals (RFP) was issued to solicit bids from qualified contractors to provide granular activated carbon, the associated equipment, and change-out services for the Bakersfield Sanitary Landfill. Responses to the RFP were received from four (4) companies, as listed below:

1. Carbon Activated Corporation $21,900.00

2. Karbonous, Inc $19,559.25

3. Pacific Petroleum California $43,310.03

4. Carbon Supply Inc $18,725.15
Following a thorough evaluation of relevant experience, reliability, and cost proposals, Carbon Supply Inc was determined to be the most responsive and responsible bidder and to offer the best overall value to the City. Carbon Supply Inc is among a limited number of vendors capable of supplying the specific activated carbon pellet media required to meet CARB standards and is the only nearby supplier able to provide timely and reliable change-out services.

FISCAL IMPACT:

The total contract amount will be funded through the Refuse Enterprise Fund. There will be no impact on the City’s General Fund.

COUNCIL GOAL:

Safety and Resilience
ATTACHMENTS:

Agreement
INDEPENDENT CONTRACTOR’S AGREEMENT – CARBON SUPPLY INC Page 1 Updated – February 20, 2026
AGREEMENT NO. ___________________

INDEPENDENT CONTRACTOR'S AGREEMENT
[Over $100,000]
This INDEPENDENT CONTRACTOR’S AGREEMENT (“Agreement”) is made and entered into on _______________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and CARBON SUPPLY INC., a corporation authorized to do business in California (referred to herein as “CONTRACTOR”).

R E C I T A L S
WHEREAS, on January 22, 2026, CITY posted a Request for Proposals (RFP) for Carbon Change-out Services at the Bakersfield Sanitary Landfill located at 4200 Panorama Drive, Bakersfield, Ca 93306; and
WHEREAS, CONTRACTOR submitted a response to the RFP, representing CONTRACTOR is experienced, well qualified and a specialist in the field of environmental services, chemicals, petrochemicals, glass & gases and manufacturing.

NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:

1. SCOPE OF WORK. In exchange for the Compensation (defined below), CONTRACTOR shall perform the following:

CONTRACTOR to provide granular activated carbon, equipment and change out services at the City’s Landfill located at 4200 Panorama Drive, Bakersfield, CA as set forth in more detail in Exhibit “A” attached hereto and incorporated herein. (“Scope of Work”). The Scope of Work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the Scope of Work or not.

2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work (“Compensation”):

Docusign Envelope ID: 7A11CC54-8831-43C3-BA7D-09AD81EC351F INDEPENDENT CONTRACTOR’S AGREEMENT – CARBON SUPPLY INC Page 2 Updated – February 20, 2026
Compensation for all work, services or products called for under this agreement shall consist of a total payment not to exceed THREE HUNDRED THOUSAND DOLLARS ($300,000) as set forth attached hereto as Exhibit “A” and incorporated by reference herein.

CITY will pay CONTRACTOR within thirty (30) days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes.

CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than THREE HUNDRED THOUSAND DOLLARS ($300,000) for performing the Scope of Work.

3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate three years from the effective date of the Agreement and may be extended for two (2) one (1) year increments under the same terms and conditions upon the mutual, written consent of CITY and CONTRACTOR.

4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten (10) days before the termination is effective.

5. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours.

6. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.

Docusign Envelope ID: 7A11CC54-8831-43C3-BA7D-09AD81EC351F INDEPENDENT CONTRACTOR’S AGREEMENT – CARBON SUPPLY INC Page 3 Updated – February 20, 2026

7. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.

8. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR’s sole cost, comply with all of the requirements of municipal, state, and federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all municipal ordinances and state and federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.

9. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.

10. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.

11. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed.

12. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.

13. EXECUTION. This Agreement is effective upon the date first written above and is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.

14. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.

15. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or Docusign Envelope ID: 7A11CC54-8831-43C3-BA7D-09AD81EC351F INDEPENDENT CONTRACTOR’S AGREEMENT – CARBON SUPPLY INC Page 4 Updated – February 20, 2026
appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.

16. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.

17. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth herein.

18. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY’s officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR or CONTRACTOR’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.

19. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR’s performance of the Scope of Work as an independent contractor.

CONTRACTOR is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor.

20. INSURANCE.

20.1 Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements").

20.1.1 Automobile liability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence
basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.

Docusign Envelope ID: 7A11CC54-8831-43C3-BA7D-09AD81EC351F INDEPENDENT CONTRACTOR’S AGREEMENT – CARBON SUPPLY INC Page 5 Updated – February 20, 2026

20.1.2 Commercial general liability insurance, unless otherwise approved by CITY’s Risk Manager, providing coverage on
an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal
injury, with limits of not less than $1,000,000 per occurrence.

The policy must:

20.1.2.1 Provide contractual liability coverage for the terms of this Agreement;

20.1.2.2 Provide products and completed operations
coverage;

20.1.2.3 Provide premises, operations, and mobile
equipment coverage; and

20.1.2.4 Contain an additional insured endorsement in
favor of CITY and its mayor, council, officers,
agents, employees, and designated volunteers.

20.1.3 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the
provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861,
CONTRACTOR must submit to CITY the following
certification before beginning any work on the
Improvements:

I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker’s compensation or
to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such
provisions before commencing the performance of
the work of this contract.

By executing this Agreement, CONTRACTOR is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.

Docusign Envelope ID: 7A11CC54-8831-43C3-BA7D-09AD81EC351F INDEPENDENT CONTRACTOR’S AGREEMENT – CARBON SUPPLY INC Page 6 Updated – February 20, 2026

20.2 General Provisions Applying to All Insurance Types.

20.2.1 All policies required of CONTRACTOR must be written on a first-dollar coverage basis, or contain a deductible
provision. Subject to CITY’s advance approval,
CONTRACTOR may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or
contained in the policy conditions, that prohibits
satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means
including other insurance or which is intended to defeat the intent or protection of an additional insured.

20.2.2 All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers
must be excess of CONTRACTOR’s insurance and must not
contribute with it.

20.2.3 The insurance required above, except for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY’s Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best’s A-:VII, must be declared prior to execution of this Agreement and approved by CITY in
writing.

20.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as
evidenced by CITY’s written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.

20.2.5 Full compensation for all premiums which CONTRACTOR is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional
allowance will be made therefor or for additional premiums Docusign Envelope ID: 7A11CC54-8831-43C3-BA7D-09AD81EC351F INDEPENDENT CONTRACTOR’S AGREEMENT – CARBON SUPPLY INC Page 7 Updated – February 20, 2026
which may be required by extensions of the policies of
insurance.

20.2.6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by
CONTRACTOR in connection with this Agreement.

20.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section.

21. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.

22. KEY PERSONNEL. At request of CITY, CONTRACTOR shall name all key personnel to be assigned to the work set forth herein. CITY reserves the right to approve key personnel, which approval shall not be unreasonably withheld. Once the key personnel are approved CONTRACTOR shall not change such personnel without the approval of CITY.

23. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one (1) officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one (1) partner shall hold the required licensees or professional degrees.

24. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties.

25. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement.

Docusign Envelope ID: 7A11CC54-8831-43C3-BA7D-09AD81EC351F INDEPENDENT CONTRACTOR’S AGREEMENT – CARBON SUPPLY INC Page 8 Updated – February 20, 2026

26. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090).

27. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:

CITY: CITY OF BAKERSFIELD

CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
CONTRACTOR: CARBON SUPPLY INC.
8429 Eastern Avenue
Belle Gardens, California 90201

28. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.

29. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Labor Code Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with California Code of Regulations, Title 8, Section 16451. This project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

30. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR’s profession in California.

31. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above.

Docusign Envelope ID: 7A11CC54-8831-43C3-BA7D-09AD81EC351F INDEPENDENT CONTRACTOR’S AGREEMENT – CARBON SUPPLY INC Page 9 Updated – February 20, 2026

32. TAX NUMBERS.

CONTRACTOR’s Federal Tax ID Number
CONTRACTOR is a corporation? Yes No
(Please check one.)

33. THIRD-PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third-party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification.

34. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
"CITY" “CONTRACTOR”
CITY OF BAKERSFIELD CARBON SUPPLY INC.

By:________________________________ By:_________________________________ KAREN GOH Print Name:

Mayor Title:

APPROVED AS TO CONTENT:

PUBLIC WORKS DEPARTMENT
By:_______________________________

ZACHARY MEYER
Public Works Director
APPROVED AS TO FORM: COUNTERSIGNED:

Deputy City Attorney II: ______________________ Finance Director: _____________________

ASHLEY ZAMBRANO RANDY MCKEEGAN
Insurance: ____________
AEZ/pt
Attachment(s): Exhibit A
S:\Public Works\Agrs\25-26\2026.02.20_Carbon Supply Inc_Carbon Change Out Services.docx Docusign Envelope ID: 7A11CC54-8831-43C3-BA7D-09AD81EC351F

SAM YEARBY
Chief Operations Officer

EXHIBIT A
Docusign Envelope ID: 7A11CC54-8831-43C3-BA7D-09AD81EC351F Docusign Envelope ID: 7A11CC54-8831-43C3-BA7D-09AD81EC351F Docusign Envelope ID: 7A11CC54-8831-43C3-BA7D-09AD81EC351F 02/24/2026
LBW Insurance
28055 Smyth Drive
Valencia CA 91355
Rachelle Antonio
(661) 702-6031
[email protected]
Carbon Supply Inc
8429 Eastern Ave
Bell Gardens CA 90201
ADMIRAL INSURANCE COMPANY 24856
UNITED FINANCIAL CASUALTY COMPANY 11770
25-26 GL UMB AUTO
A Y Y FEIPPL5504401 10/25/2025 10/25/2026
1,000,000
100,000
10,000
1,000,000
2,000,000
2,000,000
Employee Benefits
Liability
1,000,000
B Y Y 993108227 02/14/2026 08/14/2026
1,000,000
A Y Y FEIEXS4568801 10/25/2025 10/25/2026
5,000,000
5,000,000
A
Pollution Liability
Retro Date: 10/25/2022 FEIPPL5504401 10/25/2025 10/25/2026 Aggregate Limit $2,000,000
Per Claim $1,000,000
CITY OF BAKERSFIELD OFFICE OF RISK MANAGEMENT, 1600 TRUXTUN AVE BAKERSFIELD, CA 93301, The City Bakersfield, its mayor, council, officers, agents, employees and volunteers are named as additional insured, but only as respects to the liability arising out the work performed by the named insured. Provisions for additional insured are outlined in the attached additional insured endorsement and only apply when required by written contract.

Coverage evidenced by this certificate is primary and non contributory per provisions in attached endorsement(s). A Waiver of subrogation applies in favor of additional insureds where indicated on certificate above. Provisions for waiver are outlined in attached endorsement forms. Cancellation, subject to each carrier's policy provisions, is between 30 to 60 days except 10 day notice for non-payment of premium.

CITY OF BAKERSFIELD OFFICE OF RISK MANAGEMENT
1600 TRUXTUN AVE
BAKERSFIELD CA 93301

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$

PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY
PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.

FEI-PPL-55044-01
Any person(s) or organization(s) whom the Named
Insured agrees, in a written contract, to name as an
additional insured. However, this status exists only
for the project specified in that contract.

Page 2 of 2 ends

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATION

BLANKET
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the "products-completed operations hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

FEI-PPL-55044-01
Any person(s) or organization(s) whom the Named
Insured agrees, in a written contract, to name as
an additional insured. However, this status exists
only for the project specified in that contract.

ECC-319-0712
AUTOMATIC ADDITIONAL INSURED –

OWNERS, LESSEES OR CONTRACTORS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

CONTRACTORS POLLUTION LIABILITY COVERAGE PART

SCHEDULE
Name of Person or Organization:

Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract.

The person or organization shown in this Schedule is included as an insured, but only with respect to that person’s or organization’s vicarious liability arising out of your ongoing operations performed for that insured.

This endorsement, effective attaches to and forms a part of Policy Number . This endorsement changes the Policy. Please read it carefully. 10/25/24
FEI-PPL-55044-01
ECC-320-0712

AUTOMATIC WAIVER OF SUBROGATION ENDORSEMENT
This endorsement, effective
. This endorsement changes the Policy. Please read it carefully.

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

CONTRACTORS POLLUTION LIABILITY COVERAGE PART

SCHEDULE
Name of Person or Organization:

Any person(s) or organization(s) to whom the Named Insured agrees, in a written contract, to provide a waiver of subrogation. However, this status exists only for the project specified in that contract.

The Company waives any right of recovery it may have against the person or organization shown in the above Schedule because of payments the Company makes for injury or damage arising out of the insured’s work done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule.

Under no circumstances shall this endorsement act to extend the policy period, change the scope of coverage or increase the Aggregate Limits of Insurance shown in the Declarations.

FEI-PPL-55044-01
10/25/2024 attaches to and forms a part of Policy Number ECC-548-0317
Automatic Primary and Non-Contributory
Insurance Endorsement
Designated Work Or Project(s)
This endorsement, effective attaches to and forms a part of Policy Number . This endorsement changes the Policy. Please read it carefully.

This endorsement modifies insurance provided under the Coverage Part(s) indicated below:

COMMERCIAL GENERAL LIABILITY COVERAGE

CONTRACTORS POLLUTION LIABILITY COVERAGE

SCHEDULE
Name of Person or Organization:

Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to provide Primary and/or Non-contributory status of this insurance.

However, this status exists only for the project specified in that contract.

In consideration of an additional premium of $applied and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and noncontributory to this insurance. 10/25/24
FEI-PPL-55044-01
POLICY NUMBER:993108227 COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured: Carbon Supply Inc
Endorsement Effective Date: 8/14/2025

SCHEDULE
Name(s) Of Person(s) Or Organization(s):

Any person or organization whom you have agreed to include as an additional insured under a fully executed written contract or written agreement, provided that such was executed prior to an “accident”, occurrence, loss, injury or damage
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with
that person or organization.

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – WHERE REQUIRED UNDER

CONTRACT OR AGREEMENT - SCHEDULE
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
SECTION II – LIABILITY COVERAGE, Paragraph A. Coverage, Subparagraph 1. Who Is An Insured is amended to include the following additional provision:

The person(s) or organization(s) shown in the Schedule below is an additional “insured”, but solely to the extent that you become obligated to include such person(s) or organization(s) as an additional “insured” under this policy as a result of any written contract or written agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, and solely with respect to liability arising out of the use of a covered “auto”. However, the insurance provided will not exceed the lesser of:
a. The coverage and/or limits of this policy;or
b. The coverage and/or limits required by said written contract or writtenagreement.

Schedule:

Person(s) or Organization(s):

Any person or organization whom you have agreed to include as an additional insured under a fully executed written contract or written agreement, provided that such was executed prior to an “accident”, occurrence, loss, injury or damage
SA 00009 00 (10/17) Includes material copyrighted by ISO Properties, Inc., with its permission Page 1 of 1 Policy Number: 993108227
02/24/2026
LBW Insurance
28055 Smyth Drive
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ADMINISTRATIVE REPORT
MEETING DATE: March 11, 2026 AGENDA CATEGORY: Consent - Public Hearings TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: March 6, 2026
SUBJECT: Public hearing to consider Planning Commission’s approval of General Plan Amendment/Zone Change No. 24- 0001 (Ward 5) and its proposed mitigated negative declaration.

KSI Engineering, representing APVJ, LLC is proposing a General Plan Amendment and Zone Change on approximately 3.67 gross acres located at 5525 and 5543 Buena Vista Road in southwest Bakersfield. (Ward 5) The request includes:

1. Resolution adopting a Mitigated Negative Declaration pursuant to the California Environmental Quality Act (CEQA).

2. Resolution adopting General Plan Amendment to change land use designation from R-IA (Resource – Intensive Agriculture) to OS-P (Parks).

3. First Reading of an ordinance amending Title 17 of the Bakersfield Municipal Code by changing the official zoning classification from A-20A (Agricultural – 20-acre minimum) to RE (Recreation) zone.

RECOMMENDATION:

City staff and the Planning Commission recommend adoption of the resolutions and first reading of the ordinance.

BACKGROUND:

The project is a request for an amendment to the Metropolitan Bakersfield General Plan Land Use Element and the City of Bakersfield Zoning Ordinance on approximately 3.67 gross acres, located at 5525 and 5543 Buena Vista Road in southwest Bakersfield. The applicant proposes to change the land use designation from R-IA (Resource – Intensive Agriculture) to OS-P (Parks); and to change the zone classification from A20A (Agricultural – 20-acre minimum) to RE (Recreation) zone.

PROJECT SUMMARY:

The proposed project seeks the above approvals to facilitate the future development of a 31,500 square foot indoor recreational facility, a parking lot, and an on-site retention basin. Site development plans have been submitted for formal review.

SITE HISTORY:
 August 11, 1992 - The project site was annexed into the City as part of the Buena Vista No. 5 annexation (Annexation No. 355).
 January 13, 2010 – City Council approved the pre-zoning classification of A-20A (Agricultural – 20-acre minimum) for these parcels as part of a larger pre-zoning (Ordinance 3384).
 June 17, 2025 – The applicant submitted an application for a Site Plan Review to construct an indoor recreational facility (PP-SPR-25-0200).

PROPOSED PROJECT:

A site development plan has been submitted for formal review pursuant to the Bakersfield Municipal Code to ensure compliance with all adopted City regulations and applicable development standards (PPSPR-25-0200). The indoor recreational facility will be equipped with a lobby, check-in desk, restrooms, snack bar, storage rooms, sitting area for parents, lockers, and 6 indoor volleyball courts. These 6 indoor volleyball courts could be transformed into 3 basketball courts or other sport courts as desired. Private groups (e.g., local schools and recreational sports teams) will utilize the facilities for practice facilities, club play, traveling club play, and tournaments for volleyball, pickle ball, and basketball. When not being utilized by private groups, the public can rent the facilities for open play. Staff will be on site during the proposed hours of operation from 8:00 AM - 10:00 PM seven days a week. There will be 2 employees per 8-hour shift with a maximum of 4 employees during the busiest shift of the day.

ENVIRONMENTAL REVIEW AND DETERMINATION:

In accordance with the California Environmental Quality Act (“CEQA”), Staff prepared an Initial Study to review the potential environmental impacts of the project. The Initial Study determined that compliance with recommended mitigation measures, local ordinances, state laws, and construction to the standards of the Uniform Building Codes would reduce impacts to a less-than- significant level. Therefore, a Mitigated Negative Declaration (“MND”) was prepared for this project in accordance with CEQA. The MND was circulated for a 30-day public and agency review period starting on December 5, 2025, through January 5, 2026 (SCH No. 2025120029).

CEQA Comments Received.

No comments have been received in response to the Initial Study.

Public Notification.

Public notice for the proposed project and environmental determination was advertised in The Bakersfield Californian and posted on the bulletin board in the City Hall North, 1600 Truxtun Avenue, Bakersfield, California. All property owners within 300 feet of the project site were notified by United States Postal Service mail regarding this public hearing in accordance with city ordinance and state law.

Signs are required as part of the public notification process and must be posted between 20 to 60 days before the public hearing date. Photographs of the posted signage and the Declaration of Posting Public Hearing Notice signed by the applicant are on file at the Planning Division.

Tribal Consultation.

In accordance with Senate Bill (SB) 18, a letter was sent by staff on November 3, 2025, to inform the American Indian Tribes about the proposed project and its site location. This notification marks the initiation of the 90-day consultation period mandated by SB 18. At present, no request for tribal consultation has been received.

Compatibility with Land Use Element.

Staff has reviewed the proposal for compatibility with the applicable goals and policies contained within the Metropolitan Bakersfield General Plan Land Use Element and finds the following:
 Goal 1: Accommodate new development which captures the economic demands generated by the marketplace and establishes Bakersfield’s role as the capital of the southern San Joaquin Valley.

The project is consistent with this goal because it responds to an identified market demand for indoor recreational and athletic facilities within the City of Bakersfield. The proposed indoor sports complex will support local recreational activities, thereby contributing to the City’s economic vitality.  Goal 2: Accommodate new development which provides a full mix of uses to support its population.

The project is consistent with this goal as it introduces a recreational use that complements existing residential and agricultural uses in the surrounding area. The proposed indoor recreational facility will provide opportunities for organized sports, youth activities, and public recreation, supporting the needs of the City’s growing population and enhancing the overall mix of land uses.  Goal 3: Accommodate new development which is compatible with and complements existing land uses.

The project is consistent with this goal because the proposed recreational use is compatible with surrounding land uses and is designed to minimize potential land use conflicts. The facility, on-site parking, and retention basins will be reviewed as part of the site plan review process to ensure that the project is consistent with all adopted City regulations and applicable development standards.  Goal 4: Accommodate new development which channels land uses in a phased, orderly manner and is coordinated with the provision of infrastructure and public improvements.

The project is consistent with this goal because it will be developed in coordination with existing City infrastructure and services. The project will utilize City water and sewer services, provide on-site stormwater retention, and comply with applicable development standards. Required public improvements and infrastructure needs will be addressed through the City’s review process and payment of applicable development impact fees.
 Policy 80: Assure that General Plan Amendment proposals for the conversion of designated agricultural lands to urban development occur in an orderly and logical manner giving full consideration to the effect on existing agricultural areas.

The project is consistent with this policy because an agricultural conversion study was prepared for the project site to evaluate the proposed conversion of designated agricultural land and to inform consideration of potential effects on existing agricultural areas.

PLANNING COMMISSION ACTION:

This project was considered by the Planning Commission on January 15, 2026. No individuals or agencies were present at the hearing that opposed the request. The project was considered as a consent public hearing and the Planning Commission voted unanimously in favor, with two Commissioners absent, of the project and recommended approval to the City Council. The Planning Commission's findings are contained in Resolution Nos. 03-26,04-26, and 05-26.

Consistency with General Plan and Zoning Ordinance.

The proposal is consistent with land use goals and policies as contained in the General Plan related to recreational development, as described above. Any future development proposed on the project site will be required to undergo a Site Plan Review to ensure consistency with City development standards as put forth in the Zoning Ordinance.

FISCAL IMPACT:

If this site develops to its full land use economic potential it will have a positive impact on generating revenue for the City General Fund.

COUNCIL GOAL:

Community Character & Quality of Life
Reliable Infrastructure
ATTACHMENTS:

1. Resolution (Mitigated Negative Declaration)

2. Resolution (General Plan Amendment)

3. Ordinance (Zone Change)

4. Map Set

5. Mitigated Negative Declaration

6. Planning Commission Resolutions
a. Adopt MND with Attachments
b. Approve GPA with Attachments
c. Approve ZC with Attachments

7. Planning Commission Staff Report

Page 1 of 3 ends

RESOLUTION NO.

RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A

MITIGATED NEGATIVE DECLARATION FOR AN AMENDMENT TO THE
LAND USE MAP AND ZONE CHANGE, LOCATED AT 5525 AND 5543
BUENA VISTA ROAD (GPA/ZC NO. PP-CGPA-24-0001)
WHEREAS, KSI Engineering, Inc. (applicant), on behalf of APVJ, LLC (property owner), is requesting: (1) an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from R-IA (Resource – Intensive Agriculture) to OSP (Parks); and (2) an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from A-20A (Agricultural – 20-acre minimum) to RE (Recreation) on 3.67 acres located at 5525 and 5543 Buena Vista Road in southwest Bakersfield (the “Project”); and
WHEREAS, it was determined that the Project would not have a significant effect on the environment; therefore, a Mitigated Negative Declaration was prepared in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the Initial Study/Mitigated Negative Declaration was circulated for a public review period from December 5, 2025, to January 5, 2026, in accordance with CEQA; and
WHEREAS, the Planning Commission held a public hearing on January 15, 2026, and with no one wishing to speak in support or opposition, approved Resolution No. 03- 26, which recommended that the City Council adopt a Mitigated Negative Declaration for the Project; and
WHEREAS, the Clerk of the City Council set Wednesday, March 11, 2026, at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider the proposed Negative Declaration as required by Government Code Section 65355, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and
WHEREAS, the laws and regulations relating to the preparation and adoption of Mitigated Negative Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been duly followed by City staff and the Planning Commission; and
WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, and the Planning Commission’s deliberation, and action.

Page 2 of 3 ends

WHEREAS, the facts presented in the staff report and evidence received both in writing and by verbal testimony at the above referenced public hearing support the following findings:

1. All required public notices have been given. Hearing notices regarding the Project were mailed to property owners within 300 feet of the Project area and published in the Bakersfield Californian, a local newspaper of general circulation, 20 days prior to the hearing.

2. The provisions of CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been followed. Staff determined that the proposal is a project under CEQA.

3. A Mitigated Negative Declaration for the Project is the appropriate environmental document to accompany its approval as the Project will not significantly impact the physical environment.

NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows:

1. The above recitals, incorporated herein, are true and correct.

2. The Planning Commission’s findings as contained in its Resolution No. 03-26 are hereby adopted.

3. The Mitigated Negative Declaration for the Project is hereby adopted subject to the mitigation measures found in Exhibit A for the Project located on the map as shown in Exhibit B, both of which are incorporatedherein. o0o

Page 3 of 3 ends

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on the 11th day of March 2026, by the following vote:

AYES: COUNCILMEMBER: _Arias, Gonzales, Weir, Smith, Bashirtash, Koman, Kaur NOES: COUNCILMEMBER: ___________________________________________________ ABSENT: COUNCILMEMBER: ___________________________________________________

JULIE DRIMAKIS, CMC
CITY CLERK and Ex Officio Clerk
of the Council of the City of Bakersfield
APPROVED:

KAREN GOH
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By:

VIRIDIANA GALLARDO-KING
Deputy City Attorney
Exhibit: A Mitigation Measures
B Location Map
1 of 2
EXHIBIT “A”

MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION GENERAL PLAN AMENDMENT/ZONE CHANGE NO. PP-CGPA-24-0001
Air Quality Impact Mitigation Measures:

AQ-1 During construction, exposed surfaces will be watered at least twice daily.

AQ-2 During construction, vehicle travel speeds will be limited on unpaved roads to 15 miles per hour or less.

Agriculture Resources Impact Mitigation Measures:

AG-1 To ensure compatibility between the proposed recreational facility and any existing or future agricultural operations in the surrounding area, the project applicant shall incorporate appropriate buffer and transitional design features into the site plan.

1. Vegetative-Landscape Buffers: Installation of tree-lined berms, hedgerows, or landscaped strips along shared boundaries to provide physical and visual separation, reduce noise and dust, and minimize potential pesticide drift from nearby agricultural uses. Drought-tolerant species should be utilized to reduce maintenance and water demand.

2. Farming Activities Disclosures: Record a covenant disclosing nearby agricultural activities are allowed by zoning.

Biological Resources Impact Mitigation Measures:

BIO-1 A biological resource pre-activity survey will be conducted by a qualified biologist no more than 30-days before the start of construction activities.

BIO-2 There will be biological resource monitoring during each initial phase of ground disturbance.

BIO-3 Compliance reporting shall be provided to the required oversight agencies for all biological resource field surveys, monitoring, and additional tasks as warranted.

BIO-4 A Worker Environmental Awareness Program outlining special-status species that may access, use or otherwise transverse the project area will be implemented.

BIO-5 If known or natal SJKF dens are identified at any time during construction, protocols enumerated in the USFWS Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or during Ground 2 of 2
Disturbance (2011) shall be implemented, and the appropriate agencies contacted for guidance.

BIO-6 Vertical sided trenching deeper than 2-feet will include escape ramps at no more than a 1:1 ratio every 100 feet.

BIO-7 Vertical sided holes that are not capable of being ramped shall be covered or otherwise secured to the greatest extent practicable.

BIO-8 Pipes, conduit and similar material 3 inches or greater in diameter shall be capped to prevent wildlife from becoming inadvertently trapped in the piping.

BIO-9 If ground-disturbing activities are planned during the nesting season for migratory birds that may nest on or near the site (generally February 1 through August 31), nesting bird surveys are recommended prior to the commencement of ground disturbance for project activities. If nesting birds are present, no new construction or ground disturbance should occur within an appropriate avoidance area for that species until young have fledged, unless otherwise approved and monitored by a qualified onsite biologist.

Appropriate avoidance should be determined by a qualified biologist. In general, minimum avoidance zones for active nests should be implemented as follows:

1. Ground or low-shrub nesting non-raptors – 300 feet (91 meters),

2. Burrowing owl – as appropriate based on nest location, existing surrounding activity, and evaluation of owl behavior. Coordination with CDFW may be warranted,

3. Sensitive raptors (e.g., prairie falcon, golden eagle) – 0.5 miles (0.8 kilometers),

4. Other raptors – 500 feet (152 meters).

Cultural Resources Impact Mitigation Measures:

CUL-1 During construction, if cultural resources are encountered during construction or ground disturbance activities, all work shall immediately cease, and the area cordoned off until a qualified cultural resource specialist can evaluate the find and make recommendations. Project is subject to any recommendations of the qualified specialist.

CUL-2 During construction, if human remains are discovered, further ground disturbance shall be prohibited pursuant to California Health and Safety Code Section 7050.5. and Public Resources Code Sections 5097.94, 5097.98 and 5097.99.

Exhibit B
RESOLUTION NO.

RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN

AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE
METROPOLITAN BAKERSFIELD GENERAL PLAN, R-IA (RESOURCE – INTENSIVE AGRICULTURE) TO OS-P (PARKS), LOCATED AT 5525 AND 5543 BUENA VISTA ROAD (GPA/ZC NO. PP-CGPA-24-0001)
WHEREAS, KSI Engineering, Inc. (applicant), on behalf of APVJ, LLC (property owner), is requesting: (1) an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from R-IA (Resource – Intensive Agriculture) to OS-P (Parks); and (2) an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from A-20A (Agricultural – 20-acre minimum) to RE (Recreation) on 3.67 acres located at 5525 and 5543 Buena Vista Road in southwest Bakersfield (the “Project”); and WHEREAS, the Planning Commission held a public hearing on January 15, 2026, and with no one wishing to speak in support or opposition, approved Resolution No. 04-26, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, March 11, 2026, at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider the approval of the amendment as required by Government Code Section 65355, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code;and WHEREAS, the City Council adopted a Mitigated Negative Declaration for the Project; and
WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, and the Planning Commission’s deliberation, and action.

NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows:

1. The above recitals, incorporated herein, are true and correct.

2. The Planning Commission's findings as contained in its Resolution No. 04-26 are hereby adopted.

3. The Project is hereby approved located on the map as shown in Exhibit A, of which is incorporated herein.

4. The Project approved herein is hereby made part of the 1st amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for calendar year 2026 in accordance with Government Code Section 65358 (b). o0o

Page 1 of 2 ends

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on the 11th day of March 2026, by the following vote:

AYES: COUNCILMEMBER: _Arias, Gonzales, Weir, Smith, Bashirtash, Koman, Kaur NOES: COUNCILMEMBER:

ABSTAIN: COUNCILMEMBER:

ABSENT: COUNCILMEMBER:

JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED:

KAREN GOH
Mayor of the City of Bakersfield
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By:

VIRIDIANA GALLARDO-KING
Deputy City Attorney
Exhibit A: General Plan Amendment Map

Page 2 of 2 ends

Exhibit A
ORDINANCE NO.

AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL
APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD

MUNICIPAL CODE TO CHANGE THE ZONE CLASSIFICATION
FROM A-20A (AGRICULTURAL – 20-ACRE MINIMUM) TO RE
(RECREATION), LOCATED AT 5525 AND 5543 BUENA VISTA ROAD (GPA/ZC NO. PP-CGPA-24-0001)
WHEREAS, KSI Engineering, Inc. (applicant), on behalf of APVJ, LLC (property owner), is requesting: (1) an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from R-IA (Resource – Intensive Agriculture) to OSP (Parks); and (2) an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from A-20A (Agricultural – 20-acre minimum) to RE (Recreation) on 3.67 acres located at 5525 and 5543 Buena Vista Road in southwest Bakersfield (the “Project”); and
WHEREAS, the Planning Commission held a public hearing on January 15, 2026, and with no one wishing to speak in support or opposition, approved Resolution No. 05- 26 which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, March 11, 2026, at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider the approval of the amendment as required by Government Code Section 65355, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and
WHEREAS, the City Council adopted a Mitigated Negative Declaration for the Project; and
WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report, and the Planning Commission’s deliberation, and action; and
WHEREAS, the Project is consistent with the Metropolitan Bakersfield General Plan.

SECTION 1.

NOW, THEREFORE, BE IT ORDAINED by the Bakersfield City Council as follows:

1. The above recitals, incorporated herein, are true and correct.

2. The Planning Commission's findings as contained in its Resolution No. 05-26 are hereby adopted.

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3. The Project is hereby approved incorporating the change into the official zoning map as described in Bakersfield Municipal Code Section 17.06.020 as specifically described in Exhibit A and located on the map as shown in Exhibit B, all of which are incorporated herein.

SECTION 2.

This ordinance must be posted in accordance with the Bakersfield Municipal Code and will become effective not less than 30 days from and after the date of itspassage. o0o

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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on the _____ day of _________ 2026, by the following vote:

AYES: COUNCILMEMBER: Arias, Gonzales, Weir, Smith, Bashirtash, Koman, Kaur NOES: COUNCILMEMBER:_________________________________________________ ABSENT:COUNCILMEMBER:

JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED:

KAREN GOH
Mayor of the City of Bakersfield
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By:

VIRIDIANA GALLARDO-KING
Deputy City Attorney
Exhibits: A Legal Description
B Zone Change Map

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EXHIBIT “A”

GENERAL PLAN AMENDMENT AND ZONE CHANGE
APNs: 535-020-05 AND -10
LOT 1 OF LOT LINE ADJUSTMENT NO. 12-0174 PER CERTIFICATE OF COMPLIANCE RECORDED ON SEPTEMBER 5, 2012 PER DOCUMENT NO. 000212125583 IN THE OFFICE OF THE KERN COUNTY RECORDER.

TOGETHER WITH
ALL THAT PORTION OF LOT 16 IN SECTION 24, T30S, R26E, MDBM, ACCORDING

TO THE SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY RECORDED AUGUST 27, 1892 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE EAST LINE OF SAID LOT 16, SAID POINT BEING 552.50 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT 16; THENCE WESTERLY AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 16, 230 FEET; THENCE
SOUTHERLY AND PARALLEL WITH THE EASTERLY LINE OF SAID LOT 16, 71.50 FEET; THENCE
EASTERLY AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 16, 230 FEET TO A POINT IN THE EAST LINE OF SAID LOT 16; THENCE
NORTHERLY ALONG SAID EAST LINE 71.50 FEET TO THE POINT OF BEGINNING; CONTAINING 3.67 ACRES, MORE OR LESS.
10-03-2024
0'

GRAPHIC SCALE
80' 40' 40' 80'
( IN FEET )
1 inch = 80 ft.

VICINTY MAP
NTS

MAP SET

MITIGATED

NEGATIVE

DECLARATION

S:\03_Advance Planning\01_GPAs\01_Active\2024\PP-CGPA-24-0001_5543 Buena Vista Rd\03_CEQA\Draft_IS_MND_PP_CGPA-24-0001 Indoor Rec Facility.docx

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MITIGATED NEGATIVE DECLARATION
The City of Bakersfield Community Development Department has completed an initial study (attached) of the possible environmental effects of the following-described project and has determined that a Mitigated Negative Declaration is appropriate. It has been found that the proposed project, as described and proposed to be mitigated (if required), will not have a significant effect on the environment. This determination has been made according to the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City of Bakersfield’s CEQA Implementation Procedures.

PROJECT NO. (or Title): General Plan Amendment/Zone Change PP-CGPA-24-0001 COMMENT PERIOD BEGINS: December 5, 2025
COMMENT PERIOD ENDS: January 5, 2026
MITIGATION MEASURES (included in the proposed project to avoid potentially significant effects, if required):

Air Quality Impact Mitigation Measures:

AQ-1 During construction, exposed surfaces will be watered at least twice daily.

AQ-2 During construction, vehicle travel speeds will be limited on unpaved roads to 15 miles per hour or less.

Agriculture Resources Impact Mitigation Measures:

2. Farming Activities Disclosures: Record a covenant disclosing nearby agricultural activities are allowed by zoning.

Biological Resources Impact Mitigation Measures:

BIO-1 A biological resource pre-activity survey will be conducted by a qualified biologist no more than 30-days before the start of construction activities.

BIO-2 There will be biological resource monitoring during each initial phase of ground disturbance.

IEJ
BAKERSFIELD THE SOUND OF z;,"'1dJrilfl/ 8d(e,-
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BIO-3 Compliance reporting shall be provided to the required oversight agencies for all biological resource field surveys, monitoring, and additional tasks as warranted.

BIO-4 A Worker Environmental Awareness Program outlining special-status species that may access, use or otherwise transverse the project area will be implemented.

BIO-5 If known or natal SJKF dens are identified at any time during construction, protocols enumerated in the USFWS Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or during Ground Disturbance (2011) shall be implemented, and the appropriate agencies contacted for guidance.

BIO-6 Vertical sided trenching deeper than 2-feet will include escape ramps at no more than a 1:1 ratio every 100 feet.

BIO-7 Vertical sided holes that are not capable of being ramped shall be covered or otherwise secured to the greatest extent practicable.

BIO-8 Pipes, conduit and similar material 3 inches or greater in diameter shall be capped to prevent wildlife from becoming inadvertently trapped in the piping.

Appropriate avoidance should be determined by a qualified biologist. In general, minimum avoidance zones for active nests should be implemented as follows:

1. Ground or low-shrub nesting non-raptors – 300 feet (91 meters),

2. Burrowing owl – as appropriate based on nest location, existing surrounding activity, and evaluation of owl behavior. Coordination with CDFW may be warranted,

3. Sensitive raptors (e.g., prairie falcon, golden eagle) – 0.5 miles (0.8 kilometers),

4. Other raptors – 500 feet (152 meters).

Cultural Resources Impact Mitigation Measures:

PLANNING

COMMISSION

RESOLUTIONS

PLANNING

COMMISSION
STAFF
REPORT
NT:RN:JE/\\sandevsvs\devsvs\pln\SHARED\03_Advance Planning\01_GPAs\01_Active\2024\PP-CGPA24-0001_5543 Buena Vista Rd\01_Hearing Documents & Noticing Documents

CITY OF BAKERSFIELD

PLANNING COMMISSION

STAFF REPORT
MEETING DATE: January 15, 2026 AGENDA CATEGORY: 5.d
TO: Chair Strickland and Members of the Planning Commission FROM: Jennie Eng, Assistant Planning Director J. Eng
DATE: January 9, 2026
FILE: General Plan Amendment and Zone Change No. 24-0001 STAFF PLANNER: Noeli Topete, Associate Planner
REQUEST: (1) General Plan Amendment to change land use designation from R-IA (Resource – Intensive Agriculture) to OS-P (Parks); and (2) Zone Change to amend the zone classification from A-20A (Agricultural – 20-acre minimum) to RE (Recreation) zone on approximately 3.67 acres (Ward 5).

APPLICANT: KSI Engineering, Inc. OWNER: APVJ, LLC
6205 District Blvd 12810 Margate Ct
Bakersfield, CA 93313 Bakersfield, CA 93311
PROJECT LOCATION: 5525 and 5543 Buena Vista Road in southwest Bakersfield.

APNs: 535-020-10 and -05
PROJECT SIZE: 3.67 acres CEQA: Mitigated Negative Declaration EXISTING GENERAL PLAN DESIGNATION: R-IA (Resource – Intensive Agriculture) EXISTING ZONE CLASSIFICATION: A-20A (Agricultural – 20-acre minimum) STAFF RECOMMENDATION:
(1) Adopt Resolution ADOPTING Mitigated Negative Declaration pursuant to Section 15074 of the California Environmental Quality Act; (2) adopt Resolution APPROVING the general plan amendment to change the land use designation from R-IA (Resource – Intensive Agriculture) to OS-P (Parks); and (3) adopt Resolution APPROVING change in zone classification from A-20A (Agricultural – 20-acre minimum) to RE (Recreation), and recommend the same to City Council.

SITE CHARACTERISTICS: The proposed project site is currently undeveloped vacant land. Surrounding properties are primarily developed as: north – Kingdom Hall of Jehovah’s Witnesses church; east – multifamily residential; south - undeveloped vacant land - agricultural land GPA/ZC 24-0001
BACKGROUND AND TIMELINE:
• August 11, 1992 - The project site was annexed into the City as part of the Buena Vista No. 5 annexation (Annexation No. 355).
• January 13, 2010 – City Council approved the pre-zoning classification of A-20A (Agricultural – 20- acre minimum) for these parcels as part of a larger pre-zoning (Ordinance 3384). • June 17, 2025 – The applicant submitted an application for a Site Plan Review to construct an indoor recreational facility (PP-SPR-25-0200).

PROJECT ANALYSIS:

General Plan Amendment/Zone Change (“GPA/ZC”). The proposed request is a General Plan Amendment to change land use designation from R-IA (Resource – Intensive Agriculture) to OS-P (Parks), and a zone change from A-20A (Agricultural – 20-acre minimum) to RE (Recreation) on approximately 3.67 acres.

According to the applicant, the request is intended to facilitate future development of a 31,500 square foot indoor recreational facility, a parking lot, and an on-site retention basin located at 5525 and 5543 Buena Vista Road.

Proposed Site Development. A site development plan has been submitted for formal review pursuant to the Bakersfield Municipal Code to ensure compliance with all adopted City regulations and applicable development standards (PP-SPR-25-0200).The indoor recreational facility will be equipped with a lobby, check-in desk, restrooms, snack bar, storage rooms, sitting area for parents, lockers, and 6 indoor volleyball courts. These 6 indoor volleyball courts could be transformed into 3 basketball courts or other sport courts as desired. Private groups (e.g., local schools and recreational sports teams) will utilize the facilities for practice facilities, club play, traveling club play, and tournaments for volleyball, pickle ball, and basketball. When not being utilized by private groups, the public can rent the facilities for open play.

The hours of operation will be 8:00 AM - 10:00 PM seven days a week. There will be 2 employees per 8- hour shift with a maximum of 4 employees during the busiest shift of the day. Project will utilize city sewer and water. Solid waste will be stored in bins within a city standard trash enclosure and will be picked up by the local service provider. All on-site and street frontage storm water drainage will be conveyed to onsite retention basins.

Compatibility with Land Use Element. Staff has reviewed the proposal for compatibility with the applicable goals and policies contained within the Metropolitan Bakersfield General Plan Land Use Element and finds the following:
• Goal 1: Accommodate new development which captures the economic demands generated by the marketplace and establishes Bakersfield’s role as the capital of the southern San Joaquin Valley.

The project is consistent with this goal because it responds to an identified market demand for indoor recreational and athletic facilities within the City of Bakersfield. The proposed indoor sports complex will support local recreational activities, thereby contributing to the City’s economic vitality.
• Goal 2: Accommodate new development which provides a full mix of uses to support its population.

The project is consistent with this goal as it introduces a recreational use that complements existing GPA/ZC 24-0001
residential and agricultural uses in the surrounding area. The proposed indoor recreational facility will provide opportunities for organized sports, youth activities, and public recreation, supporting the needs of the City’s growing population and enhancing the overall mix of land uses.. • Goal 3: Accommodate new development which is compatible with and complements existing land uses.

The project is consistent with this goal because the proposed recreational use is compatible with surrounding land uses and is designed to minimize potential land use conflicts. The facility, on-site parking, and retention basins will be reviewed as part of the site plan review process to ensure that the project is consistent with all adopted City regulations and applicable development standards. • Goal 4: Accommodate new development which channels land uses in a phased, orderly manner and is coordinated with the provision of infrastructure and public improvements.

The project is consistent with this goal because it will be developed in coordination with existing City infrastructure and services. The project will utilize City water and sewer services, provide onsite stormwater retention, and comply with applicable development standards. Required public improvements and infrastructure needs will be addressed through the City’s review process and payment of applicable development impact fees.
• Policy 80: Assure that General Plan Amendment proposals for the conversion of designated agricultural lands to urban development occur in an orderly and logical manner giving full consideration to the effect on existing agricultural areas.

ENVIRONMENTAL REVIEW AND DETERMINATION:

In accordance with the California Environmental Quality Act (“CEQA”), Staff prepared an initial study to review the potential environmental impacts of the project. The Initial Study was based on the following project-specific analysis and technical studies: Small Project Analysis Level Assessment; Agricultural Conversion Study; Biological Resources Evaluation; Cultural Resource Report; and Trip Generation & Vehicle Miles Traveled Analysis.

The Initial Study determined that compliance with recommended mitigation measures, local ordinances, state laws, and construction to the standards of the Uniform Building Codes will reduce impacts to a lessthan- significant level. Therefore, a Mitigated Negative Declaration (“MND”) was prepared for this project in accordance with CEQA. The MND was circulated for a 30-day public and agency review period from December 5, 2025, to January 5, 2026 (SCH No. 2025120029) Comments Received. As of this writing, no comments have been received in response to the Initial Study.

PUBLIC NOTIFICATION:

Public notice for the proposed project and environmental determination was advertised in The Bakersfield Californian and posted on the bulletin board in the City of Bakersfield Development Services Building, 1715 Chester Avenue, Bakersfield, California. All property owners within 300 feet of the project site were GPA/ZC 24-0001
notified by United States Postal Service mail regarding this public hearing in accordance with city ordinance and state law. Signs are required as part of the public notification process and must be posted between 20 to 60 days before the public hearing date. Photographs of the posted signage and the Declaration of Posting Public Hearing Notice signed by the applicant are on file at the Planning Division.

Comments Received. As of this writing, no comments have been received in response to the public hearing notice.

Tribal Consultation. In accordance with Senate Bill (SB) 18, a letter was sent by staff on November 3, 2025, to inform the American Indian Tribes about the proposed project and its site location. This notification marks the initiation of the 90-day consultation period mandated by SB 18. At present, no request for tribal consultation has been received.

CONCLUSIONS:

Consistency with General Plan/Zoning Ordinance. The proposal is consistent with land use goals and policies as contained in the General Plan related to recreational development, as noted above. The recreational facility is currently undergoing site plan review to ensure compliance with requirements and regulations as set forth in the Bakersfield Municipal Code Title 17 (Zoning Ordinance) and City Development Standards.

Recommendation. Staff finds that the applicable provisions of CEQA have been complied with, and the proposal is compatible with the surrounding area, land use designation, and zoning ordinance.

Therefore, staff recommends your Commission: (1) Adopt Resolution ADOPTING a Mitigated Negative Declaration pursuant to the California Environmental Quality Act; (2) adopt Resolution APPROVING general plan amendment to change the land use designation from R-IA (Resource – Intensive Agriculture) to OS-P (Parks); and (3) adopt Resolution APPROVING change in zone classification from A-20A (Agricultural – 20-acre minimum) to RE (Recreation).

ATTACHMENTS:

Map Set
• GPA/ZC Aerial
• GPA/ZC Zone Classification
• GPA/ZC General Plan Designation
Mitigated Negative Declaration
Technical Reports
• Small Project Analysis Level Assessment
• Agricultural Conversion Study
• Biological Resources Evaluation
• Cultural Resource Report
• Trip Generation & Vehicle Miles Traveled Analysis
• Verification of Water Service
Planning Commission Draft Resolutions
• Adopt the Mitigated Negative Declaration
• Approve the General Plan Amendment
• Approve the Zone Change