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HomeMy WebLinkAbout09/10/14 CC AGENDA PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF SEPTEMBER 10, 2014 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 PM REGULAR MEETING - 5:15 PM 1.ROLL CALL 2.INVOCATION by Minister Hayward Cox, Church of God. 3.PLEDGE OF ALLEGIANCE by Mattalin Whiteman, 5th Grade Student at Colonel Nichols Elementary School. 4.PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to rep resentatives from Links for Life, declaring October, 2014, Paint the Town Pink Month. b. Presentation by Mayor Hall of a Proclamation to KC the Bull, and Kern th County Fair CEO Mike Olcott, declaring September 17 through th September 28 as Kern County Fair Days. c. Presentations by the City Council, Mayor Hall, and City Manager Alan Tandy honoring Councilmember Sullivan s status as the longest serving City Councilmember in the history of the City. 5.PUBLIC STATEMENTS 6.WORKSHOPS a. Actuarial Valuation of Other Postemployment Benefit s (OPEB) as of June 30, 2013. 7.APPOINTMENTS 8.CONSENT CALENDAR . Minutes: a. Approval of minutes of the August 13, 2014, Regular City Council Meetings. Payments: b. Receive and file department payments from August 1, 2014, to August 27, 2014, in the amount of $23,531,842.54 Self Insu rance payments from August 1, 2014, to August 27, 2014, in the amo unt of $831,581.53 totaling $24,363,424.07. Ordinances: Ward4 c.Zone Change 13- 0362; Western Properties, representing Grimmway Enterprises, the property owner, has applied for zo ne changes on four parcels totaling 32.89 acres located south of Olive Drive and east of the Burlington Northern Santa Fe rail line. 1. Resolution adopting a Negative Declaration. 2. First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing th e zone district on Parcel 1 - 2.87 acres from R-1 (One-Family Dwelling ) to C- 2 (Regional Commercial) zone; Parcel 2 € 2.20 acres from R-1 to R- 2 (Limited Multiple-family Dwelling) zone; Parcel 3 € 12.61 ac res from R-1 to R- 2 zone; Parcel 4 € 15.21 acres from R-2 to R-1 zone. Ward3 d.Zone Change 14- 0101; McIntosh & Associates, representing Kern Land Partners, LLC, (property owner), has applied for a zone change on 11.29 acres located at the northwest corner of Hage man Road and Knudsen drive. 1. Resolution adopting a Negative Declaration. 2. First Reading of Ordinance amending the Offici al Zoning Map in Title 17 of the Municipal Code by changing the zone district form R-1 (One Family Dwelling) to C- 2 (Regional Commercial/Planned Commercial Development). Ward3 e.City in the Hills zone changes (FR 08/13/14) 1. Adoption of ordinance denying the appeal to the Planning Commission decision and approving an amendment to t he Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from a PUD (Planned Unit Developm ent) to an R- 1/PUD (One Family Dwelling/Planned Unit Development) on 11.32 acres, located on the east side of City Hills Drive , between Garden Park Drive and Kuma Way. (Zone Change 14-0132, City as applicant) 2. Adoption of ordinance denying the appeal to the Planning Commission decision and approving an amendment to t he Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R- 2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) to RE (Recreatio n) on 19.21 acres, located on the east side of Bedford Green Ro ad, between State Route 178 and Kern Canyon Road (SR 184). (Zone Chan ge 14- 0237, City as applicant) Resolutions: f. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer s report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds , debris and waste matter and authorizing collection of the assessment s by the Kern County Tax Collector. g. Resolution adopting Fund Balance Policy for the Gen eral Fund to comply with the Governmental Accounting Standard Bo ard and Government Finance Officers Association guidelines. Ward6 h. Resolution determining that a specific electrical d esign for Wastewater Treatment Plant No. 3 cannot be reasonably obtained through the usual bidding/request for proposal procedures and authori zing the Finance Director to dispense with usual bidding procedures and execute an agreement for electrical design services with Parso ns Environment & Infrastructure Inc., not to exceed $50,963. Ward3 i.Installation of bike path connection at Calloway Weir: 1. Resolution approving the acceptance of $39,374 in grant funds from the Public Benefit Grants Program administered by t he San Joaquin Valley Air Pollution Control District for the insta llation of a bike path connection across the existing sand bar and weir st ructures at the Calloway Weir. 2. Appropriate $39,374 Public Benefit grant to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund. 3. Appropriate $10,826 Rose Foundation grant to th e Public Works Department's Capital Improvement budget within the Capital Outlay Fund for installation of the bike path connection a t Calloway Weir. Ward(s)1, 2, 3 j. Resolutions adding the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Directors Report for each: 1.Area 4-125 (2501 Union Avenue) 2.Area 4-126 (2601 Sunny Lane) 3.Area 4-127 (1104 Gage Street) 4.Area 5- 71 (Tentative Tract Map 6331 Phase 2 located south of the south west corner of S. Union Avenue and Hoskin g Avenue) Ward(s)3, 4 k. Resolutions of Intention (ROI) adding the following territories to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director s Report for each: 1. ROI No. 1811 adding Area 1-103 (Parcel Map Waive r 14- 205 located south of the intersection of Seventh Standard Road and Verdugo Lane) 2. ROI No. 1812 adding Area 1- 104 (south east corner of Calloway Drive and Flushing Quail Road) l.Changes to salaries and related benefits for vari ous employee units: 1. Amendment No. 2 to Resolution 078- 13 approving the Memorandum of Understanding setting salaries and related benef its for the Fire Supervisory Unit of the Fire Department. 2. Amendment No. 2 to Resolution 077- 13 approving the Memorandum of Understanding setting salaries and related benef its for the Firefighters and Engineers Unit of the Fire Departm ent. 3. Amendment No. 5 to Resolution 080- 13 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units. Agreements: m. Agreement between City, State of California Departm ent of Public Health and the U.S. Department of Housing and Urban Development ($386,902) for Housing Opportunities for Persons wi th HIV/AIDS Entitlement Program (HOPWA). n. Agreement with Cardiac Science Corporation ($14,144 ) for Medical Direction/Oversight and Maintenance for two years f or the City's Automatic External Defibrillators (AED). Ward3 o. Design Consultant Agreement with MIG, Inc. ($271,24 8), for design services for Mesa Marin Phase II. Ward2 p.Agreement with Superior Construction ($674,900.00 ) to design- build a new warehouse building for storing police evidence on City- owned property located on Truxtun Avenue, adjacent to SR 99. Ward(s)2, 3, 4, 5 q.Downtown Streetlight Energy Efficiency Project: 1. Work Order agreement with PG&E (not to exceed $ 250,000) to install energy efficient L.E.D. streetlights in the Downtown area and other locations. 2. On- bill Financing Loan agreement with PG&E (not to exc eed $250,000) at zero interest to fund the project. r. Agreement with Parsons Transportation Group Inc. ($ 7,144,163.00; 88.53% federally funded - $6,324,728; and 11.47% lo cally funded - $819,435), for Professional Services for Program De livery/Engineering and Environmental Support Services for the Thomas R oads Improvement Program. (TRIP) Ward5 s. Agreement with Bolthouse Properties, LLC, to exchan ge real property located on Bolthouse Drive west of Buena V ista Road for a domestic water well site. Ward6 t. Agreement with William Ray McNew and Donna Ruth McN ew, Vicki Ravonne McNew and Sandra Gail Jackson ($166,000) to purchase real property at 8119 Stine Road for the Stine Road Wide ning Project. Ward2 u. Agreement with Werner H. Epp, Trustee of the Epp Fa mily Trust ($113,000) to purchase real property at 411 Truxtun Avenue for the Amtrak Parking Lot Expansion Project. v.Amendment No. 9 to Agreement No. 97- 283 with SunGard Public Sector, Inc. ($12,325), to configure and install th e Financials Imaging Interface. w.Amendment No. 4 to Agreement No. 10- 144 with Ennis Paint, Inc. ($150,000; revised not to exceed $648,221.31 and ex tend term one year), for the continued supply of traffic paint. x.Amendment No. 1 to Agreement No. 12- 018 with State of California Department of Parks and Recreation, Office of Histo ric Preservation (no change in compensation and extend term of agreement ) for providing priority attention to Thomas Roads Improvement Prog ram projects. (TRIP) Ward3 y.Mohawk Street Improvements: Rosedale Hwy to Siena Ln 1. Amendment No. 1 to Agreement No. 13- 136 with Paramount Petroleum Corporation ($478,358.58; revised not to exceed $1,084,358.58; City to reimburse Paramount Petroleu m Corporation) for the relocation of petroleum transmission facilities , fiber optics, gas recovery, and water injection lines. 2. Appropriate $400,000 Transportation Development Fund balance (Developer share of project cost) to the Public Wor ks Department s Capital Improvement budget. Ward2 z.Contract Change Order No. 1 to Agreement No. 14- 073 with Zim's Integrated Mechanical Services, Inc. ($13,384.68; r evised not to exceed $659,701.68), for the Project known as HVAC Replace ment/Upgrade: Community Development Building. Ward3 aa.Contract Change Order No. 22 to Agreement No. 13 - 118 with Granite Construction ($33,525.00); revised not to exceed $2 5,874,447.49; change order funded with previously appropriated pr oject contingency funds - Federal Earmark Funds (88.53%) and Capital Outlay Utility/Roads Fund (11.47%) for the State Route 178 and Morning Drive Interchange Project. (TRIP) Property Acquisition Agreements - TRIP: Ward2 ab. Agreement with Charles and Linda Moore ($268,000) t o purchase real property located at 4404 Hillsborough Drive, for th e Centennial Corridor Project. Ward2 ac.Agreement with Takvor and Bonnie R. Takvorian, c o- trustees of the Takvorian Family Trust ($272,000) to purchase real property located at 4212 Hillsborough Drive, for the Centennial Corrido r Project. Ward2 ad. Agreement with Charles Edwin Files, Trustee of the Charles Edwin Files Living Trust ($140,500) to purchase real property l ocated at 18 Dunlap Street, for the Centennial Corridor Project. Ward2 ae. Agreement with Gary and Wendi Krause ($122,000) to purchase real property located at 7 Morrison Street, for the Cent ennial Corridor Project. Ward2 af. Agreement with David Oak Henthorne, Trustee of the David O. Henthorne Family Intervivos Revocable Trust ($239,0 00)to purchase real property located at 4404 Kentfield Drive for t he Centennial Corridor Project. Ward2 ag. Agreement with Steven and Sandra Gamboa ($237,000) to purchase th real property located at 2400 Cedar Street, for the 24 Street Widening Project. Ward2 ah. Agreement with Perla Maria Alvarez ($137,000) to pu rchase real property located at 105 Morrison Street for the Cen tennial Corridor Project. Ward2 ai. Agreement with the Heirs or Devisees of Emress Jung , deceased, their interest being subject to the administration of the Estate of said Decedent in Kern County ($150,000) to purchase real property located at 209 Williamson Way for the Centennial Corridor P roject. Ward2 aj. Agreement with Clarence and Cathy Butler ($271,000) to purchase real th property located at 2201 24th Street for the 24 Street Widening Project. Bids: Ward2 ak. Accept bid from Entertainment Lighting Services ($4 2,569.40) for the purchase of arena lighting effects replacement at t he Rabobank Arena. Ward2 al. Award bid to Enders and Associates Inc. ($54,190.59 ), for the purchase of video router upgrade components for the Rabobank Arena. Ward(s)6, 7 am.State Route (SR)-99 and Hosking Avenue Interchan ge (TRIP): 1. Accept bid and award contract to Granite Cons truction Company, Inc. ($20,771,397.00; 100.0% locally funded) to co nstruct the Project. 2. Consultant Agreement with Parsons Brinckerhof f (not to exceed $1,978,449.00; 100.0% locally funded) for construct ion management services. 3. Appropriate and transfer $2.7 million Transpo rtation Development Fund Balance to the Transportation Development TRIP Local Match Fund for Construction Management and Contingencies on the Hosking Road Interchange Project. Miscellaneous: Ward2 an. Letter of Support for Clinica Sierra Vista New Acce ss Point Grant Application for the Baker Street Village Community Health Center Successor Agency Business: ao.Receive and file Successor Agency payments from August 1, 2014 to August 27, 2014 in the amount of $70,000.00 9.CONSENT CALENDAR PUBLIC HEARINGS Ward2 a. Public Hearing to consider Resolution ordering the vacation of portions th th of A, B, C, D, & G Streets, 13 & 14 Streets, and Campus Way surrounding Bakersfield High School. Ward2 b. Public hearing on Resolution of Necessity (RON) to determine the public interest and necessity for acquisition of ce rtain real property located at the 425 Truxtun Avenue, for the Amtrak P arking Lot Expansion Project. (Code Civ. Proc. ‡ 1240.010) 10.HEARINGS 11.REPORTS 12.DEFERRED BUSINESS a.Golden Empire Transit (GET) 13.COUNCIL AND MAYOR STATEMENTS 14.ADJOURNMENT ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 Presentations 4. a. TO: Honorable Mayor and City Council FROM: Harvey Hall, Mayor DATE: 7/8/2014 WARD: SUBJECT: Presentation by Mayor Hall of a Proclamation to rep resentatives from Links for Life, declaring October, 2014, Paint the Town Pink Month. STAFF RECOMMENDATION: BACKGROUND: ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 Presentations 4. b. TO: Honorable Mayor and City Council FROM: Harvey L. Hall, Mayor DATE: 7/8/2014 WARD: SUBJECT: Presentation by Mayor Hall of a Proclamation to KC the Bull, and Kern th County Fair CEO Mike Olcott, declaring September 17 through th September 28 as Kern County Fair Days. STAFF RECOMMENDATION: BACKGROUND: ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 Presentations 4. c. TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: 8/21/2014 WARD: SUBJECT: Presentations by the City Council, Mayor Hall, and City Manager Alan Tandy honoring Councilmember Sullivan s status as the longest serving City Councilmember in the history of the City. STAFF RECOMMENDATION: BACKGROUND: ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 Workshop 6. a. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: 8/28/2014 WARD: SUBJECT: Actuarial Valuation of Other Postemployment Benefit s (OPEB) as of June 30, 2013. STAFF RECOMMENDATION: The Personnel Committee recommends the Council rece ive and file the report. BACKGROUND: Segal Consulting, the City's health care consultant , will be providing the Council with a presentation on the most current actuarial valuatio n analysis of the City's other postemployment benefits. This report was recently provided to the Council's Personnel Committee, which requested the full Council be provided with the pre sentation. Additional information regarding the actuarial valuation report is attached. ATTACHMENTS: Description Type OPEB Report Backup Backup Material ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 Consent - Minutes a. TO: Honorable Mayor and City Council FROM: Roberta Gafford, City Clerk DATE: 8/15/2014 WARD: SUBJECT: Approval of minutes of the August 13, 2014, Regular City Council Meetings. STAFF RECOMMENDATION: Staff recommends approval. BACKGROUND: ATTACHMENTS: Description Type Minutes Backup Material ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 CONSENT - Payments b. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 8/28/2014 WARD: SUBJECT: Receive and file department payments from August 1, 2014, to August 27, 2014, in the amount of $23,531,842.54 Self Insu rance payments from August 1, 2014, to August 27, 2014, in the amo unt of $831,581.53 totaling $24,363,424.07. STAFF RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: The attached payment listings are larger than norma l due to the annual processing of approximatley 5,300 senior citizen refuse refund ch ecks. ATTACHMENTS: Description Type 1 - AP Check Register Admin 09 - 10 - 14 Backup Material 2 - EPay Check Register Admin 09 - 10 - 14 Backup Material ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 Consent - Ordinances c. TO: Honorable Mayor and City Council FROM: Douglas N. McIsaac, Community Development Director DATE: 8/19/2014 WARD: Ward 4 SUBJECT: Zone Change 13- 0362; Western Properties, representing Grimmway Enterprises, the property owner, has applied for zo ne changes on four parcels totaling 32.89 acres located south of Olive Drive and east of the Burlington Northern Santa Fe rail line. 1. Resolution adopting a Negative Declaration. 2. First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing th e zone district on Parcel 1 - 2.87 acres from R-1 (One-Family Dwelling ) to C- 2 (Regional Commercial) zone; Parcel 2  2.20 acres from R-1 to R- 2 (Limited Multiple-family Dwelling) zone; Parcel 3  12.61 ac res from R-1 to R- 2 zone; Parcel 4  15.21 acres from R-2 to R-1 zone. STAFF RECOMMENDATION: Staff recommends adoption of the Negative Declarati on and first reading of the ordinance. BACKGROUND: On July 17, 2014, the Planning Commission held an a dvertised public hearing on these zone change requests, and recommended adoption by the Ci ty Council. No one spoke in opposition to the project at the Planning Commission hearing. The areas subject to this zone change application a re located within Vesting Tentative Tracts 7217, 7218, and 7219. (See illustration in Attachme nt A to the Administrative Report.) The zone change request consists of changing the zone distri ct for Parcels 1 and 2 (east of Rosedale Ranch Parkway) to match the zone districts of the p arcels to the east. Parcel 1 consists of 2.87 acres requesting a change from R-1 (One-Family Dwel ling) to C- 2 (Regional Commercial) zone. Parcel 2 consists of 2.20 acres requesting a change from R-1 to R-2 (Limited Multiple- Family Dwelling) zone. The applicant has proposed changes to zone districts for Parcels 3 and 4, located west of Rosedale Ranch Parkway, to provide a consistent zone district within proposed Vesting Tentative Tract Maps 7218 and 7219. Parcel 3 consists of 12.61 acres proposing a change from R-1 to R-2 zone. The zone change in Par cel 3 will provide R- 2 zoning for the northern half of Vesting Tentative Tract Map 7218. Parcel 4 is 15.21 acres to change from R- 2 to R-1 zone. The zone change in Parcel 4 will provide R- 1 zoning for the southern half of Vesting Tentative Tract Map 7218, and R- 1 zoning for the entire Vesting Tentative Tract Map 7219. A total of 32.89 acres are included in these zone cha nge requests. The zone change requests are needed for purposes of orderly development of these subdivision maps. All zone changes will be in conformance with the General Plan Land Use desig nations on the subject parcels. The site is currently undeveloped and is being used for row cro ps. Based upon an initial environmental assessment, sta ff has determined the proposed project will not significantly affect the physical environment o r existing residential development in the area, therefore a Negative Declaration was prepared and a dvertised. Staff recommends adoption of the Negative Declarati on and first reading of the ordinance. ATTACHMENTS: Description Type Resolution Adopting Negative Declaration Resolution Ordinance Approving Zone Change Ordinance Admin Report - Attachment A Cover Memo Back Up - July 17, 2014 Planning Commission Minutes Backup Material Back Up - Initial Study/Negative Declaration Backup Material ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 Consent d. TO: Honorable Mayor and City Council FROM: Douglas N. McIsaac, Community Development Director DATE: 8/15/2014 WARD: Ward 3 SUBJECT: Zone Change 14- 0101; McIntosh & Associates, representing Kern Land Partners, LLC, (property owner), has applied for a zone change on 11.29 acres located at the northwest corner of Hageman Ro ad and Knudsen drive. 1. Resolution adopting a Negative Declaration. 2. First Reading of Ordinance amending the Offici al Zoning Map in Title 17 of the Municipal Code by changing the zone distr ict form R- 1(One Family Dwelling) to C- 2 (Regional Commercial/Planned Commercial Development). STAFF RECOMMENDATION: Staff recommends adopting the Negative Declaration and first reading of the ordinance. BACKGROUND: On June 5, 2014, the Planning Commission held an ad vertised public hearing on this zone change request, and recommended adoption by the Cit y Council. The zone change request consists of changing the zone district from R-1 (On e Family Dwelling) to C- 2/PCD (Regional Commercial/Planned Commercial Development) on 11.29 acres. The reason for the request is to bring the zoning into conformance with the GC (Gene ral Commercial) General Plan Land Use designation on the subject property. The site is cu rrently undeveloped. The site is proposed for development of retail commercial with approximately 120,000 square feet of space on approximately 10.95 net acres. Six people spoke in opposition to the project. Their concerns were increased traffic, noise, commercial lighting, too much commercial in the area, limiting the type of commercial uses if approved, and a preferen ce for it to remain single family residential. One option to possibly address the concern regardin g the intensity of commercial development would be to €downgrade the level of commercial zoning from C- 2/PUD (Regional Commercial) to C-1/PUD (Neighborhood Commercial). The applicant ha s requested a C- 2 base zoning for the property as it does allow for a somewhat broader ra nge of commercial uses than does the C- 1 zone. A few examples of uses permitted by right in C-2 and not in C- 1 include restaurants with drive-through lanes, restaurants with alcohol servi ce, and car washes. If a C- 1 base zone was adopted, however, these and other uses not permitte d by right in C- 1 could still be requested under approval of a conditional use permit. Staff w ould continue to recommend the PCD overlay zone that would require, prior to development of th e site, the Planning Commission approval of the site plan and elevations for the commercial dev elopment. In 2013, the previous property owner submitted an a pplication for a land use and zone change for a multi-family development. There was significa nt opposition to the multi- family use from the surrounding residents. The applicant decided to wit hdrawal the application before it reached City Council. At both the public hearing for the previou s application and for the project currently proposed, there was opposition to a multi- family development and preferred commercial over high density residential uses. With the PCD overlay zone, any proposed development plans will be considered at a public hearing of the Planning Commission. The PCD overlay ensures future site development will be compatible with surrounding development and/or reco gnize unique site characteristics. In addition, the project site will be required to sati sfy the design standards for large retail developments, per Chapter 17.08.140 of the Zoning O rdinance. These standards help encourage good community architecture that enhances the city s character and quality of life. At the time the property is developed, it will be s ubject to the City s policy for €Complete Streets,  which requires that all transportation facilities for bicyclists, pedestria ns, transit and motorists be considered. Primary vehicle, bicycle and pedestrian access to the site will be via Hageman Road on the south side of the property, Knudsen Drive on the east side and Basilicata Drive on the north side. All sidewalks and pedestrian access thr oughout the development will be required per City standards. There are currently no GET bus rout es that run along the project site. The closest GET bus route is on Olive Drive to the north; Route 61 runs from Bakersfield College to the Walmart shopping center at Panana Lane via Olive Dr ive. However, when the streets surrounding the project are fully developed, standa rd bus bays may be located at nearby intersections if designated as a bus route by GET. According to the City's Bikeway Master Plan, the cl osest designated bike routes are Hageman Road and Knudsen Drive as Class 2 facilities (bike lanes). Currently, bike lanes currently exist on Hageman Road, but not on Knudsen Drive. The Traffic Engineer will evaluate if bike lane striping should be installed along project street frontages or delayed if their installation will compromise public safety (e.g. short lengths of unconnected bi ke lanes that would confuse drivers and cyclists increasing the likelihood of accidents). Striping would then occur at the time the City added bike lanes along the street with connections to the existing bikeway network. Based upon an initial environmental assessment, sta ff has determined the proposed project, with mitigation, will not significantly affect the physi cal environment or existing residential development in the area. A Program Environmental I mpact Report (EIR) was completed and relevant mitigation was incorporated into the propo sed project as conditions of approval. In addition, a subsequent Negative Declaration was pre pared for this project in accordance with the California Environmental Quality Act (CEQA). ATTACHMENTS: Description Type Resolution Adopting Negative Declaration Resolution Ordinance Approving Zone Change Ordinance Ordinance Exhibit A Conditions of Approval Exhibit Ordinance Exhibit B Map Exhibit Backup for ZC 14 - 0101 Backup Material RESOLUTION NO. _____ _______ _ RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A NEGATIVE DECLARATION FOR AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN AND ZONE CHANGE ON THE NORTHWEST CORNER OF HAGEMAN ROAD AND KNUDSEN DRIVE. (ZC NO. 14 - 0101) , McIntosh & Associates for Kern Land Partners, LLC , filed an application WHEREAS with the City of Bakersfield Community Development Department to change the zone district from R - 1 (One Family Dwelling) to C - 2/PCD (Regional Commercial/Planned Commercial Development) on 11.29 acres located on the northwest Hageman Road and Knudsen Drive (the "Project") ; and the Planning Commission recommends adopt ion of a Negative WHEREAS , Declaration with mitigation measures for the Project ; and , staff determined that the Program Environmental Impact Report WHEREAS GPA/ZC No. P99 - 0482 in conjunction with the Negative Declaration prepared for t Project adequately addresses the potential environmental impacts of the Project; and , the Clerk of the City Council set W ednesday, September 10 , 2014 at WHEREAS 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Ave California, as the time and place before the City Council to consider the proposed N egative D eclaration; and the City Council considered all facts, testimony, and evidence WHEREAS, concerning the staff report , N egative D eclaration and the Planning Commission deliberation , and action. by the Bakersfield City Council as follows: NOW, THEREFORE, BE IT RESOLVED 1. T he Planning Commission's findings as contained in its R esolution No. 21 - 14 are hereby adopted . 2. The Negative Declaration for the Project is hereby adopted subject to the mitigation measures in Exhibit A for the Project located on the map as shown i n Exhibit B , both of which are incorporated herein . --------- o0o -------- Page 1 of 2 that the foregoing Resolution was passed and adopted by the I HEREBY CERTIFY Council of the City of Bakersfield at a regular meeting held on _____ ____ __ ______ _________ , by the following vote: AYES: COUNCILMEMBER RIVERA , MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER _______________________________________ ROBERTA GAFFORD , CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED _______________________________ HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: ____________________________ ANDREW HEGLUND Deputy City Attorney Exhibit s: A Mitigation Measures B Location Map By: CG \ S: \ ZoneChange \ yr 2014 \ 14 - 0101 \ CC RES ENV 14 - 0101.docx Page 2 of 2 Exhibit A Mitigation Measures from Negative Declaration Zone Change No. 14 - 0101 Air Quality and Green House Gas Mitigation Measures 1. The proposed project will have air pollutant and greenhouse gas emissions associated with the construction and use of the project site. Prior to gra applicant/developer of the project site shall submit documentati Department that they will/have met all air qualit y control measures and rules required by the San Joaquin Valley Air Pollution Control District. For Air Quality and GHG Impacts . Biological Impact Mitigation Measures 2. The burrowing owl is a migratory bird species protected by inter Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703 - 711). The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird 50 C.F.R. Part 10, including feathers or other parts, nests, eggs, or products, exc implementing regulations (50 C.F.R. 21). Sections 3503, 3503.5, Department of Fish and Wildlife Code prohibit the take, posses sion, or destruction of birds, their nests or eggs. To avoid violation of the take provisions requires that project - related disturbance at active nesting territories be reduced or eliminated during critical phases of the nesting cy cle (March 1 August 15, annually). Disturbance that causes nest abandonment and/or loss of reproduc punishable by fines and/or imprisonment. To av oid impacts to burrowing owl, a focused survey shall be submitte Department of Fish and Wildlife (CDFW) by the Project applicant plan review, following the survey methodology developed by the C Owl Consortium (CBOC, 1993). An additional pre - construction survey shall be submitted to CDFW per the MBHCP guidelines. A copy of these surveys shall City of Bakersfield, Planning Division. If any ground disturbin cur during the burrowing owl nesting season (approximately February 1 throu potential burrowing owl burrows are present within the Project f of avoidance measures are warranted. In the event that burrowin e found, the applicant must follow CDFW protocol for mitigation and comply wi Migratory Bird Treaty Act of 1918 (16 U.S.C. 703 - 711). If the Project applicant proposes to evict burrowing owls that may be present, the CDFW recommends passive relocation d uring the non - breeding season. For Impacts to Biological Resources . 3. Prior to grading; including staging, clearing, and grubbing, sur conducted by a qualified wildlife biologist no more than 10 days the Project commencing and that the surveys be conducted in a su cient area around the work site to identify any nests that are present and to dete sufficient area means any nest within an area that could potenti Project. In addition to direct impacts, such as nest destructi on, nests might be affected by noise, vibration, odors, and movement of workers or equipment applicant identifies active nests, the CDFW shall be notified an Page 1 of 10 EXHIBIT A Mitigation Measures ZC No. 14 - 0101 for mitigation shall be followed and a copy submitted to C ity of Bakersfield, Planning Division. For Impacts to Biological Resources . 4. Prior to ground disturbance, the developer shall have a qualifie location for kit fox, and comply with the provisions of the Metr t Conservation Plan. Survey protocol shall be that recommended by of Fish and Wildlife. Developer shall be subject to the mitigat by the consultant. A copy of the survey shall be provided to the ment prior to ground disturbance. The current MBHCP expires on August 24, 2014. Projects may be i development permit, grading plan approval, or building permit an August expiration date under the current MBHCP. As de termined by the City of Bakersfield, only projects ready to be issued an urban developme approval or building permit) before the expiration date will be the current MBHCP. Early payment or pre - payment of M BHCP fees shall not be allowed. The ability of the City to issue urban development permits is go MBHCP. Urban development permits issued after the expiration dat new or revised Habitat Conservation Plan, if ap proved, or be required to comply directly with requests of the U.S. Fish and Wildlife Agency and the Calif Department. For Impacts to Biological Resources . Cultural Impact Mitigation Measures 5. If human remains are discovered during g rading or construction activities, work shall cease pursuant to Section 7050.5 of the California Health and Sa remains are identified on the site at any time, work shall stop and the Kern County Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the Cal Code which details the appropriate actions necessary for address the local Native American community shall be notified immediately . For Impacts to Cultural Resources . 6. Prior to ground - disturbance activities associated with this project, personnel a with the grading effort shall be informed of the importance of t archaeological resources (i.e. archaeological sites, artifacts, rials, human remains, etc.) that may be encountered during site preparation a those resources in the field, and of the regulatory protections This training shall be conducted by representatives from t he Tejon Indian Tribe or qualified archaeologist . The personnel shall be informed of procedures relating to the archaeological remains during grading activities and cautioned t finds with equipment and not collect artifa cts. The applicant/developer of the project site shall submit documentation to the Planning Department that requirement prior to commencement of ground disturbance activiti documentation should include information on the date(s ) of training activities, the Page 2 of 10 EXHIBIT A Mitigation Measures ZC No. 14 - 0101 individual(s) that conducted the training, a description of the of those who were trained. Should cultural remains be uncovered site supervisor shall immediately notify a qualified archae ologist and the Tejon Indian Tribe. The developer shall provide the Tejon Indian Tribe information on ex construction of the site. For Impacts to Cultural Resources . Noise Impact Mitigation Measures from Negative Declaration adopt or General Plan Amendment P00 - 0810 7. Prior to Final Development Plan approval, a subsequent noise ana to the satisfaction of the City Engineer, which demonstrates tha stationary noise sources associated with future commercial uses would not exceed criteria established in Chapter 9.22 of the City of Bakersfield standards, the project applicant may need to inc lude project design features such as setbacks, barriers, building location/orientation, acoustical de For Noise Impacts . MITIGATION MEASURES FROM PROGRAM EIR FOR GPA/ ZC NO. P99 - 0482 (SCH#99081078) : AESTHETICS/LIGHT AND GLARE 8. Construction equipment staging areas shall be located away from and appropriate screening (i.e., temporary fencing with opaque m buffer views of construction equipment and material, when feasib g location shall be indicated on project Final Developmen t Plans and Grading Plans. AIR QUALITY 9. Prior to the approval of a grading plan for any residential trac commercial project, the project applicant shall submit a lett er to the City of Bakersfield Planning Department from the San Joaquin Valley Unified Air Poll (SJVUAPCD) stating the dust suppression measures that shall be c construction activities in order to comply with SJVUAPCD Re gulation VIII. At a minimum, these measures shall include: the replacement of ground cover in proper maintenance of construction equipment; watering of haul r reduced speeds on unpaved roads of 15 miles per hour or less; and the use of low volat ile organic compound asphalt. 10. Prior to the approval of a grading plan for any residential trac commercial project, the project applicant shall submit a letter d Planning Department from the SJVUAPCD stating the measures that during asphalt paving in order to co mply with SJVUAPCD Rule 4641. Page 3 of 10 EXHIBIT A Mitigation Measures ZC No. 14 - 0101 11. The construction grading plans shall include a statement that al shall be tuned and maintained in a ccordance with the manufacture specifications. 12. The construction grading plans shall include a statement that wo constructi on equipment when not in use. 13. The project applicant shall incorporate the following in building plans: a. Solar or low emission water heater shall be used; b. Central water heating systems shall be used; c. Double panned glass shall be used in all windows; and d. Energy efficient low sodium lighting in parking areas shall be u GEOLOGY AND SOILS 14. Engineering design for all structures shall consider the probabi subjected to strong ground motion during the lifetime of the pro Construction plans shall be subject to the City of Bakersfield M Code and shall call for standards which address horizontal bedrock accelerations of at l 15. In compliance with the Kern County California Soil Survey, a com shall be designed and implemented to the satisfaction of t he City of Bakers field Engineering Department. HUMAN HEALTH/RISK OF UPSET 16. Prior to issuance of any grading permit, the project applicant s determine concentrations of pesticide and fungicide residues whi the project site. Should contaminant levels be in excess of acc County levels, the project applicant shall identify and implemen approval by the City of Bakersfield and responsible regulatory a cies to reduce conta minants to acceptable levels. 17. Pursuant to the Division of Oil, Gas, and Geothermal Resources ( would remain upon project completion and associated equipment wi shall be enclosed by an eight foot block wall. Appropriate gates shall be installed and climbable landscaping around the perimeter of the facility shall grade of the facility shall be constructed so that potential spi enclosur e. Improvements are the responsibility of the project applicant 18. Sufficient access to the existing and abandoned wells shall be m Division of Oil, Gas, and Geothermal Resources (Division) to inv s of the wellheads and check for leakage. If any re - abandonments are required, the Division shall furnish necessary specific ations to the property owner. Page 4 of 10 EXHIBIT A Mitigation Measures ZC No. 14 - 0101 19. If any abandoned or unrecorded wells are uncovered, or damaged d grading activit ies, remedial plugging operations pursuant to Division of Oil, G Geothermal Resources re quirements would be required. 20. Prior to issuance of building permits, any discovered oil contam remediated to the satisfaction of the Local U nified Program Agency (the Office of Environmental Services Bakersfield City Fire Department) in conj Regional Water Quality Control Board (RWQCB) and/or California D ic Substances Control (DTSC). 21. Prior to issuance of grading permits, the project applicant shall provide sufficient that the existing groundwater wall has been properly closed purs require ments. 22. All areas with bare soil exposed as a result of grading activiti landscaped at the earliest time possible or stabilized by watering when winds exce to reduce the potential inhalation of s pores causing Valley Fever. NOISE 23. To reduce significant traffic noise impacts to below 65 dBA CNEL roposed residential locations situated adjacent to collector and arterial roadways, incorporate sound barriers, along cited roadwa ys (Knudsen Drive, Hageman Road ). Since lot design and grading plans are not yet available, the e xact height and location of barriers cannot be accurately determined at this time. Therefore, prior approval, the project applicant shall prepare an acoustical anal City Engineer, which provides lo cation and hei ghts of future sound barriers. 24. Prior to Final Development Plan approval, a subsequent noise ana the satisfaction of the City Building Director, which demonstrat stationary noise sources as sociated with future commercial uses would not exceed criteria established in Chapter 9.22 of the City of Bakersfield Municipal residences. To demonstrate commercial noise so s standards, the project applic ant may need to include project design features such as setbacks, barriers, building location/orientation, acousti cal design of buildings, etc. TRAFFIC AND CIRCULATION 25. Traffic signing/striping within the project boundaries shall be ction with detailed constr uction plans for the project. 26. Sight distance at each intersection shall be reviewed with respe Bakersfield sight distance standards at the time of preparation a nd street improve ment plans. Page 5 of 10 EXHIBIT A Mitigation Measures ZC No. 14 - 0101 27. The project shall participate through payment of fees in the pha - site roadway improvements and traffic signals for the Year 2020 follo a. Olive Drive Knudsen Drive to Roberts Lane - Six lanes divided b. Hageman Road West of Patton Way to Mohawk Street - Six lanes divided Mohawk Street to SR 204 Freeway - Four lanes divided c. Rosedale Highway (SR 58) West of Patton W ay to Mohawk Street - Six lanes divided Mohawk Street to east of Oak Street - Eight lanes divided d. Fruitvale Avenu e Hageman Road to Rosedale Highway (SR 58) - Four lanes divided e. Mohawk Street Hageman Road to Rosedale Highway (SR 58) - Four lanes divided South of Rosedale Highway (SR 58) - Six lanes divided f. Landco Road Olive Drive to Hageman Road - Four lanes divided H ageman Road to Rosedale Highway (SR 58) - Four lanes undivided g. Gibson Street Gilmore Avenue to Rosedale Highway (SR 58) - Two lanes divided h. Buck Owens Boulevard SR 204 Freeway to Rio Mirada Drive - Six lanes divided 28. The traffic signals required within the study area at buildout shall specifically include an interconnect of the signals to function in a coordinated system. 29. The project shall contribute on a pro - rata basis to the construction of ultimate intersection lane requirements for Year 2020 as follows: a. Patton Way (NS) at: Olive Drive (EW) - Traffic signal b. Hageman Road (EW) Traffic signal Eastbound left turn lane Eastbound through lane Westbound through lane c. Rosedale Highway B SR 58 (EW) - Traffic Signal d. Fruitvale Avenue (NS) at: Olive Drive (EW) - Northbound right turn overlap e. Hageman Road (EW) Northbound left turn lane Northbound through lane Northbound right turn overlap Southbound left turn lane Southbound right turn overlap Eastbound dual through lane Westbound through lane f. Krebs Road (EW) Traffic signal Page 6 of 10 EXHIBIT A Mitigation Measures ZC No. 14 - 0101 Northbound through lane Southbound through lane g. Downing Avenue (EW) Traffic signal Northbound through lane Southbound through lane h. Rosedale Highway B SR 58 (EW) Southbound left turn lane Eastbound through lane Westbound through lane i. Mohawk S treet (NS) at Rosedale Highway B SR 58 (EW) Traffic signal Northbound dual left turn lane Northbound dual through lanes Northbound right turn lane with overlap Southbound dual left turn lanes Southbound dual through lanes Southbound right turn lanes with o verlap Eastbound left turn lane Eastbound dual through lanes Eastbound right turn overlap Westbound left turn lanes Westbound dual through lanes Westbound right turn overlap j. Landco Road (NS) at Rosedale Highway B SR 58 (EW) Southbound left turn lane Eastbound left turn lane Eastbound dual through lanes Westbound dual through lanes k. Knudsen Drive (NS) at Norris Road (EW) Traffic signal Northbound shared left turn lane l. Knudsen Drive (NS) at Olive Drive (EW) Northbound left turn lane Northbound right turn overlap Southbound left turn lane Eastbound through lane Westbound left turn lane Westbound through lane m. Gibson Street (NS) at Rosedale Highway B SR 58 (EW) Northbound left turn lane Southbound left turn lane Eastbound left turn lane Eastbound dual through lanes Westbound dual through lanes n. SR 99 Freeway SB Ramps (NS) at Olive Drive (EW) Page 7 of 10 EXHIBIT A Mitigation Measures ZC No. 14 - 0101 Traffic signal Eastbound through lane Westbound through lane o. State Road (NS) at Olive Drive (EW) Eastbound through lane Westbound through lane p. Roberts Lane (NS) at O live Drive (EW) Northbound left turn lane Southbound right turn lane with right turn overlap Eastbound left turn lane Eastbound right turn overlap q. Buck Owens Boulevard (NS) at Rio Mirada Drive (EW) - Traffic signal r. Buck Owens Boulevard (NS) at SR 99 Freeway NB Ramps (EW) Northbound right turn lane Southbound right turn lane Eastbound left turn lane Eastbound right turn lane Westbound left turn lane s. Buck Owens Boulevard (NS) at Rosedale Highway B SR 58 (EW) Southbound free right turn lane Eastbound thr ough lane Westbound through lane Westbound free right turn lane 30. The project shall contribute to off - site improvements in accordance with the Capital Improvement Plan and establishment of transportation impact fees Bakersfield 2010 General Plan Area (Kern County R esolution 92 - 196 and 92 - 195). 31. The off - site roadway system shall be improved to roadway classifications Metropolitan Bakersfield 2010 General Plan Circulation Element. - site improvements shall be determined as future entitlements are gran and around the project area. 32. The developer shall be required to pay his proportionate share o measures as specified in sections 5.9 2a th rough 5.9 2c of the DEIR. A fee schedule shall be prepared by the developer with a requirement for approval prior subdivision map or final occupancy of any commercial development time of building permit on a per unit basis. 33. The traffic impact fee schedule shall also include computation o the RTIF list which are not included in the improvements specifi additional facilities shall include all facilit ies on the RTIF list within the influence area of the project which is generally the area bounded by Coffee Road, Norr Freeway 99 and Rosedale Highway. The additional facilities incl the following: a. Olive D rive from Knudsen Drive to Coffee Road Page 8 of 10 EXHIBIT A Mitigation Measures ZC No. 14 - 0101 b. Mohawk Street from California Avenue to Rosedale Highway c. Mohawk Street Bridge over the Kern River 34. Various other signals, bridges, culverts and improvements within the RTIF list. 35. Within 60 days of the action of the City Council, submit easeme nt documents for Hageman Road and Knudsen Drive for recordation. 36. At the time of development or division, traffic signal interconn be installed in collector or arterial st reets. SERVICES AND UTILITIES 37. An approved water supply system capable of supplying required fi purposes shall be provided to all premises upon which buildings constructed. The establishment of gal lons per minute requirements for fire flow shall be based on the A Guide for Determination of Required Fire Flow@ published by the Insurance Service Office. 38. Fire hydrants shall be located and installed per Fire Department the Fir e Chief. On site fire hydrants shall be provided when any porti protected is in excess of 150 feet from a water supply on a publ s required by the Fire Chief. 39. In accordance with A.B. 2926, the developer shall pay development fees levied in accordance with Education Code Section 17620 and Government Code s 65995, 65995.5 and 65995.7. 40. In compliance with the Quimby Act, the developer shall either de park(s), or pay in lieu fees pursuan t to Bakersfield Municipal Code 15.80 which requires developers of new residential uses to provide 2.5 acres of land 1000, based on fair market value. Accordingly, project implemen demand for approximatel y eight acr es of neighborhood park land. 41. The project developer shall pay the appropriate connection fee t District No. 1. All new wastewater facilities shall be located of way or utility easements. 42. Was tewater system design and all public mains, meters, and appurten installed and constructed in compliance with the applicable stan policies, and regulations of the North of River Sanitary Distric 43. Development of wastewater facilities off site, if necessary, shall be subject t environmental review to ensure that significant environmental ef ted on a site specific basis. Page 9 of 10 EXHIBIT A Mitigation Measures ZC No. 14 - 0101 44. The developer shall pay the appropriate connection fee to th e California Water Service Company. All new water facilities shall be installed within pub of way or utility easements. 45. Water system design and all public water mains, meters, and appu installed and constructed in compliance w ith the applicable standards, specifications, policies, and regulations of the California Water Service Compan 46. Prior to the issuance of occupancy permits, the developer shall plumbing fixtures and appliances, to the sat isfaction of the California Water Service Company. These fixtures/appliances may include the following: Interior: a. Supply line pressure: Reduce water pressure greater than 50 pou to 50 psi or less by means of a pressure reducing v alve; b. Drinking fountains: Equip drinking fountains with self - closing valves; and c. Ultra low flush toilets: Install 1.6 gallon per flush toilets i Exterior: d. Landscape with low water consuming plants wherever feasible; e. Minimize use of lawn by limiting it to lawn dependent uses; f. Group plants of similar water use to reduce over irrigation of l g. Use mulch extensively in all landscaped areas (mulch applied on the water holding capacity of the s oil by reducing evaporation and soil compaction); h. Preserve and protect existing trees and shrubs (established pla low water using conditions and their use saves water needed to e vegetation); i. Install efficient i rrigation systems which minimize runoff and evaporation and maxi water which will reach the plant roots (drip irrigation, soil mo irrigation systems are a few methods to consider in increasing i may be feasible for individual development projects; and j. Use pervious paving material whenever feasible to reduce surface 47. Development of water facilities off site, if necessary, shall be review to ensure tha t significant environmental effects, if any, are mitigated on a basis. 48. The proposed project shall incorporate design features for the s recyclables pursuant to federal, state, and local statutes (i.e. u nicipal Code, Chapter 8.32) and regula tions related to solid waste. CG - S: \ ZoneChange \ yr 2014 \ 14 - 0101 \ Mitigation Measures.docx Page 10 of 10 N ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 Consent - Ordinances e. TO: Honorable Mayor and City Council FROM: Douglas N. McIsaac, Community Development Director DATE: 8/26/2014 WARD: Ward 3 SUBJECT: City in the Hills zone changes (FR 08/13/14) 1. Adoption of ordinance denying the appeal to the Planning Commission decision and approving an amendment to t he Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from a PUD (Planned Unit Developm ent) to an R- 1/PUD (One Family Dwelling/Planned Unit Development) on 1 1.32 acres, located on the east side of City Hills Drive, betwe en Garden Park Drive and Kuma Way. (Zone Change 14-0132, City as applic ant) 2. Adoption of ordinance denying the appeal to the Planning Commission decision and approving an amendment to t he Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R- 2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) to RE (Recreatio n) on 19.21 acres, located on the east side of Bedford Green Road, bet ween State Route 178 and Kern Canyon Road (SR 184). (Zone Change 14- 0237, City as applicant) STAFF RECOMMENDATION: Staff recommends adoption of the ordinances. BACKGROUND: On August 13, 2014, the City Council conducted a pu blic hearing on the first reading of both ordinances. After considering the comments made du ring the August 13, 2014 public hearing, the City Council gave first reading to the zone cha nges and approved all other necessary items to effectuate the exchange of 11.32 acres of City- owned land in the City in the Hills for 19.21 acres of property adjacent to the Mesa Marin Sports Complex (Sports Complex). After the exchange, the 11.32 acres will be developed as sing le- family residential and the 19.21 acres will be developed as part of a future phase of the Sport s Complex. Subject Parcels : Zone Change 14-0132 proposed an R-1/PUD Zone on the 11.32-Acre Parcel. The proposed zone change to an R- 1/PUD requires a future builder to present proposed building elevations, floor plans, and site development plans at a notice d public hearing before the Planning Commission. This will provide the neighborhood an o pportunity to review the plans and provide comment to the Planning Commission as to the propos al s design and consistency and harmony with the character of the surrounding neighborhood and community. Zone Change 14-0237 proposed an RE (Recreation) Zon e on the 19.21-Acre Parcel. The City intends to further expand the Sports Complex t hat is adjacent to the north and west. The Sports Complex currently consists of four lighted s oftball/baseball fields, a concession stand, restrooms, landscaping, and parking areas. The Phas e 2 expansion is scheduled for property west of the 19.21 - acre parcel along Bedford Green Road and includes t wo additional lighted ball fields, a playground area, a restroom, and addition al parking. Analysis : City in the Hills Park is a roughly 10- acre neighborhood park, which opened in 2011, that is located about 1,000 feet southwesterly of the 11.32 - acre parcel, which had been zoned to be a park. The City in the Hills Park, along with the Sp orts Complex, serves the neighborhood park needs of residents within the City in the Hills dev elopment because they are centrally located and include a range of recreational amenities. Complete analysis was attached to the August 13, 2014 Administrative Report recommending first readi ng of the zone changes. Environmental Review. Based upon initial environmental assessments, staf f has determined that the proposed zone changes will not significant ly affect the physical environment or existing residential development in the area; therefore, Neg ative Declarations with mitigation measures were prepared and advertised. Mitigation measures reduce impacts to biological and cultural resources to less than significant levels. Conclusion : Staff recommends adoption of the ordinances to comp lete the land exchange allowing the City to (1) capitalize on a one- time opportunity to allow for future expansion of t he Mesa Marin Sports Complex, a premier community recreational facility and (2) assure that the vacant City in the Hills parcel will be developed with quality single-family homes in a manner compatible with the area. ATTACHMENTS: Description Type Ordinance ZC 14 - 0132 Ordinance Ordinance GPA - ZC 14 - 0237 Ordinance ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 Consent - Resolutions f. TO: Honorable Mayor and City Council FROM: Douglas N. McIsaac, Community Development Director DATE: 8/18/2014 WARD: SUBJECT: Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer s report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds , debris and waste matter and authorizing collection of the assessment s by the Kern County Tax Collector. STAFF RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: Assessment hearing was held on August 11, 2014, by the City Manager designee and all proposed charges were confirmed. The subject proper ties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code whic h prohibits maintaining open and abandoned dilapidated structures which constitute public nuis ances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hear ing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION APN COST Ward 1 1. 901 Bradshaw Street 170-090-14 $ 1,050.00 2. 1125 Brundage Lane011-060-02 $ 300.00 3. 916 Dr. Martin Luther King Jr. Blvd. 018-061-13 $ 105.00 4. 1819 Filson Street 172-043-09 $ 755.00 5. 1001 Hacienda Drive170-240-26 $ 765.00 6. 6711 Lowry Street516-141-27 $ 300.00 7. 3412 Meeks Avenue172-124-23 $ 105.00 8. 627 Melba Lane139-294-11 $ 105.00 9. 516 T Street009-480-36 $ 3,495.00 10. 1319 Terrace Way011-171-02 $ 300.00 11. 515 V Street009-480-16$ 300.00 Ward 2 12. 1904 Brundage Lane008-344-10$ 105.00 13. 5913 Daggett Avenue331-071-02$ 300.00 14. 4630 Easton Drive 332-332-21$ 105.00 15. 3001 Jacaranda Drive001-371-22$ 1,375.00 16. 1009 Lake Street015-380-02$ 105.00 17. 2620 Loma Linda Drive124-042-12$ 300.00 18. 1206 Oregon Street015-100-15$ 975.00 19. 2931 Q Street002-102-05$ 105.00 20. 411 Truxtun Avenue006-140-10 $ 105.00 21. 2900 Union Avenue012-071-03 $ 105.00 22. 2207 Verde Street008-283-11 $ 735.00 th 120-110-14$ 799.00 23. 1330 36 Street Ward 3 24. 2504 Judith Street134-462-09$ 105.00 Ward 4 25. 4719 Grazing Avenue527-093-18$ 300.00 26. 4804 Native Dancer Drive526-244-08$ 885.00 Ward 5 27. 7209 Durango Way381-223-07$ 950.00 Ward 6 28. 4504 Parkwood Court164-320-02$ 105.00 29. 4616 Parkwood Court164-320-10$ 1,485.00 30. 2212 San Marino Drive440-031-05$ 105.00 31. 1800 Westbrook Drive440-132-04$ 755.00 32. 5805 Chandler Way413-061-07$ 300.00 33. 1913 Custer Avenue023-122-08$ 105.00 34. 1808 Faxon Avenue372-131-07$ 800.00 35. 2708 Houchin Road023-162-09$ 105.00 36. 2401 March Avenue515-791-36$ 300.00 37. 1912 Montgomery Avenue023-141-08$ 945.00 38. 3903 Ocean Breeze Avenue515-182-08$ 300.00 The owners of the above- mentioned properties failed to commence the require d work as ordered by the Building Director to abate a public nuisance . As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances li sted above were abated under the direction of the Chief Code Enforcement Officer. The costs incur red by the City can be assessed against the property as provided for in Chapter 8.80 of the Bak ersfield Municipal Code. Property owners had been given notice of their right to appear at the h earing on this matter before the City Manager designee and to object to the correctness of the co sts incurred by the City to remove the public nuisance. The City Manager designee has approved th e assessments associated with the above- mentioned properties. The Council will need to conf irm the approval of the City Manager designee of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the pr operty. This will be done by adoption of the attached resolution. ATTACHMENTS: Description Type Resolution Resolution Exhibit A Exhibit MEMORANDUM TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director -14� DATE: September 9, 2014 RE: Clarification of Agenda Item 8.g. Resolution adopting Fund Balance Policy for the General Fund The Administrative Report for this item erroneously references a "Resolution ", where the intent of the Finance Department was to simply refer a draft policy document to the Budget and Finance Committee for discussion. If, after reviewing and discussing the draft policy document, the Committee decides to recommend adoption of a policy to the full Council, a Resolution to that effect will be submitted on a future agenda for full Council consideration. My apologies for any confusion this may have caused. cc: Alan Tandy - City Manager Virginia Gennaro - City Attorney ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 Consent - Resolutions g. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 8/15/2014 WARD: SUBJECT: Resolution adopting Fund Balance Policy for the Gen eral Fund to comply with the Governmental Accounting Standard Bo ard and Government Finance Officers Association guidelines. STAFF RECOMMENDATION: Staff recommends referral of this policy to the Bud get and Finance Committee. BACKGROUND: The Governmental Accounting Standard Board (GASB) i ssued Statement No. 54 to enhance the usefulness of fund balance information by providing new fund balance classifications that can be more consistently applied and by clarifying the exi sting governmental fund type definitions. This Statement establishes fund balance classifications creating a hierarchy based primarily on the extent to which a government is bound to observe li mitations imposed upon the use of the resources reported in governmental funds. These lim itations are generated from either formal action by the City Council, decisions by management or external funding entities. The GASB recommends that a formal written policy be establis hed by a government for the General Fund to properly determine the composition of its ending f und balance.€ A recent review by the Government Finance Officers Association (GFOA) emphasized the need for the City to establish this written policy to co mply with the GASB statement and qualify for the annual certificate for financial reporting that the GFOA awards. The City has received this award for 32 consecutive years. Staff would like to refer this draft policy to the Budget and Finance Committee for review and discussion. ATTACHMENTS: Description Type Fund Balance Policy Backup Material · · · ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 CONSENT - Resolutions h. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/21/2014 WARD: Ward 6 SUBJECT: Resolution determining that a specific electrical d esign for Wastewater Treatment Plant No. 3 cannot be reasonably obtained through the usual bidding/request for proposal procedures and authori zing the Finance Director to dispense with usual bidding procedures and execute an agreement for electrical design services with Parsons Environment & Infrastr ucture Inc., not to exceed $50,963. STAFF RECOMMENDATION: Staff recommends approval of Resolution and agreeme nt. BACKGROUND: The Wastewater Division is working on a project to upgrade its electrical system at Wastewater Treatme nt Plant No. 3 by installing a grounding bank for the Cogeneration System. Currently, Plant No. 3 cannot export the power that it produces through the Cogen eration and the Solar Energy Systems. By installin g a grounding bank, Plant No. 3 will then be able to ex port excess power, and allow both systems to simultaneously operate at full capacity creating ad ditional electrical savings. The design to install the grounding bank must be do ne by a qualified professional in the field of elec trical engineering. The City does not have staff capable o f completing this engineering design work. Due to t he complexity of the existing electrical system, staff recommends to dispense with bidding/request for pr oposal procedures and authorize Parsons Environment & Infr astructure (Parsons) to complete the electrical des ign services. Parsons originally designed the Plant s electrical system, thus having prior knowledge to complete the electrical design work to ensure succe ssful integration with the Plant s current electrical system. It is critical that a successful installat ion occur in order to prevent catastrophic electric al failure at the Plant. Bakersfield Municipal Code Section 3.20 .060 (D)(2) allows for the dispensing of usual bidd ing procedures because of a necessity to integrate work into an existing project or system. Parsons submitted a proposal to the City for the am ount of $50,963 to perform the necessary electrical design services. Sufficient funds are budgeted for award of this agreement. Sewer Enterprise funds provide the funding source for this agreement. Ther efore, there is no General Fund impact. ATTACHMENTS: Description Type Resolution to dispense with bidding Resolution Agreement with Parsons Agreement ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 Consent - Resolutions i. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/26/2014 WARD: Ward 3 SUBJECT: Installation of bike path connection at Calloway We ir: 1. Resolution approving the acceptance of $39,374 in grant funds from the Public Benefit Grants Program administered by t he San Joaquin Valley Air Pollution Control District for the insta llation of a bike path connection across the existing sand bar and weir st ructures at the Calloway Weir. 2. Appropriate $39,374 Public Benefit grant to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund. 3. Appropriate $10,826 Rose Foundation grant to th e Public Works Department's Capital Improvement budget within the Capital Outlay Fund for installation of the bike path connection a t Calloway Weir. STAFF RECOMMENDATION: Staff recommends approval of Resolution and appropr iations. BACKGROUND: The San Joaquin Valley Air Pollution Control Distri ct has a Public Benefit Grants Program which provides funds for a wide variety of clean-air, pub lic- benefit projects which will provide a direct benefit to Valley residents. The City of Bakersfield applied for and was awarded a $39,374 grant under the "Advanced Transit and Transportation" component of the Progra m which provides funding for Class I, Class II, or Class III bicycle path/route construction. T he $39,374 of grant funding will partially fund the installation of a usable bike path connection acros s the existing sand bar and weir structures at the Calloway Weir, between the Kern River Parkway b ike path and Riverview Park, approximately one- half mile west of Chester Avenue. The addition of t his bike connection furthers the City's efforts to provide opportunitie s for multi- modal forms of transportation and its commitment to the implementation of the Complete St reets Policy. This Resolution accepts the $39,374 of grant fundin g and authorizes the Public Works Director, or his designee, to execute the documents necessary to accept the grant funding from the San Joaquin Valley Air Pollution Control District to co mplete the proposed project. Staff also recommends appropriation of the $39,374 in grant funding along with the appropriation of a $10,826 grant awarded to the City from the Ros e Foundation for Communities and the Environment. The grant funding from the Rose Founda tion will also be used for the installation of the bike path connection at the Calloway Weir. Beca use this proposed project is anticipated to be fully funded by these grants, there is no General F und impact associated with this project or acceptance of grant funding. ATTACHMENTS: Description Type Resolution accepting grant funding for bike path pr oject Resolution S T N N . RESOLUTION APPROVING THE ACCEPTANCE OF $ 39,37 4 IN GRANT FUNDS F R OM THE PUBLIC BE N EFIT GRANTS PROGRAM ADMINISTERED B Y THE SAN JOAQUIN VALLEY AIR POLLUTION DISTRICT FOR THE INSTALLATION OF A BIKE PATH CONNECTION ACROSS THE EXISTING SAND BAR AND WEIR STRUCTURES AT THE CALLOWAY WEIR ) t he S an J o aq u in Va ll ey Air P o ll ut i o n D i s t ri c t has a P u b l ic B ene f it WHEREAS, Gra n t s Pr o g r a m whi c h pr ov i d es f u n d s f or a wide variety of clean - air, public - benefit projects which will provide a direct benefit to Valley r ; and t he A d va n c ed T ran s i t and T r an s p o r t a t i o n c o m p o ne n t o f t he WHEREAS, P u b l ic B ene f it G r a n ts Pr o gram pr ov i d es in c e n t i v es fo r C l a s s I , C l a s s I I o r C l a s s II I bi c yc l e pa t h / r o u t e c o n s t r u c t i o n ; and t he C i t y o f B aker s f ie l d applied for and w as a w ar d ed a $39 , 3 7 4 WHEREAS, grant u n d er t he A d v an c ed T ran s i t and T r a n s p o r t a t i o n c o m p o ne n t for t he c o n s t r u c t i o n o f a us a b l e b ike p a t h c o nne c t i o n a c r o s s t he exi s t i n g s and bar and w eir s t r u c t u res a t t he C a l l o w ay W e i r, be t w ee n the K e r n R i v e r P ar k w a y bi k e p a th a nd R i v e r v ie w P ar k, a p pr o x i mat e l y o ne h a l f m i l e w e s t of C h es t e r A v e nu e ; and the Bakersfield City Council must formally approve the WHEREAS, acceptance of these grant funds before these funds are made available to the City . in c o rp o r a t i n g t he a b o v e re c i t a l s , be i t re s o l v e d by t he NOW, THEREFORE, C o u n c i l o f t he C i t y o f B aker s f ie l d as f o l l o w s : 1 . T h a t t he P u b l i c W o r k s D ire c t o r , o r his d e s ignee, is hereby a u t h o ri z ed t o a cc e p t t he $39,374 of gr a n t funding u n d er the P u b l ic B ene f i t Gra n t s Pr o gram and t o e x e cu t e o n beha l f o f t he C i t y o f B a k er s f i e l d an agree m en t , and a l l o t her ne c e ss a r y d o cu m en t s , w i t h t he S an J o aq u in P o ll u t i o n C o n t r o l D i s t ri c t t o i m p l e m ent and c ar r y o u t t he p u rp o s es o f t his R e s o l u t i o n . ------ - o 0 o -- - ---- Page 1 of 2 G: \ GROUPDAT \ ADMINRPT \ 2014 \ 09 - 10 \ Calloway_Weir_Pub_Ben_Grant_Resol.rtf t h a t t he fo r e g o i n g R e s o l u t i o n w as pa ss ed and a d o p t ed I HEREBY CERTIFY by t he C o u n c i l o f t h e C i t y o f B aker s f ie l d a t a r e g u l ar m ee t i n g t her e o f he l d o n by t he f o l l o w ing v o t e : A Y E S : C O UN C I L M E M B E R : R I VE R A , M A X W ELL, W E I R , S M I T H , H A N S O N , S U L L IV A N , J O HN S O N N OE S : C O UN C I L M E M B E R : A B S T A I N : C O UN C I L M E M B E R : A B S E NT : C O UN C I L M E M B E R : ROBERTA CMC C I T Y CL ER K and E x O ff i c io C l erk o f t he C o u n c i l o f t he C i t y o f B aker s f ie l d APP RO V E D B y HARVEY L. HALL M a yo r APP RO V E D as t o f o r m : VIRGINIA GENNARO C i t y A tt o rney B y : HEGLUND D ep u t y C i t y A t t o rn e y Page 2 of 2 G: \ GROUPDAT \ ADMINRPT \ 2014 \ 09 - 10 \ Calloway_Weir_Pub_Ben_Grant_Resol.rtf ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 CONSENT - Resolutions j. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/5/2014 WARD: Ward(s) 1, 2, 3 SUBJECT: Resolutions adding the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Directors Report for each: 1.Area 4-125 (2501 Union Avenue) 2.Area 4-126 (2601 Sunny Lane) 3.Area 4-127 (1104 Gage Street) 4.Area 5- 71 (Tentative Tract Map 6331 Phase 2 located south of the south west corner of S. Union Avenue and Hosking Av enue) STAFF RECOMMENDATION: Staff recommends adopting the Resolutions. BACKGROUND: On August 13, 2014, the Council adopted Resolutions of Intention No. 1807, 1808, 1809, and 1810, respectively, to add the above territories to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code . Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks and/or street landscaping. The areas will be under park and/or streetscape zones of benefit and will be assigned the appropriate tier levels when parks and/or street landscaping have been inst alled. The addition of these territories to the Consolidat ed Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner(s) of the properties described above which waives the public hearing concerning inclusio n in the Consolidated Maintenance District. This allows the City to expedite the maintenance di strict process to satisfy the subdivision requirement. The owner(s) also have submitted a Pro position 218 ballot indicating their consent to the assessments. In order to provide future property owners with dis closure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor- Recorders Office upon approval of this Resolution. ATTACHMENTS: Description Type Resolution adding Area 4 - 125 to the CMD Resolution MD 4 - 125 Exhibit 1 Exhibit MD 4 - 125 Exhibit A Exhibit MD 4 - 125 Exhibit B Exhibit MD 4 - 125 Exhibit C Exhibit MD 4 - 125 Exhibit D Exhibit MD 4 - 125 Exhibit E Exhibit MD 4 - 125 Exhibit F Exhibit Resolution adding Area 4 - 126 to the CMD Resolution MD 4 - 126 Exhibit 1 Exhibit MD 4 - 126 Exhibit A Exhibit MD 4 - 126 Exhibit B Exhibit MD 4 - 126 Exhibit C Exhibit MD 4 - 126 Exhibit D Exhibit MD 4 - 126 Exhibit E Exhibit MD 4 - 126 Exhibit F Exhibit Resolution adding Area 4 - 127 to the CMD Resolution MD 4 - 127 Exhibit 1 Exhibit MD 4 - 127 Exhibit A Exhibit MD 4 - 127 Exhibit B Exhibit MD 4 - 127 Exhibit C Exhibit MD 4 - 127 Exhibit D Exhibit MD 4 - 127 Exhibit E Exhibit MD 4 - 127 Exhibit F Exhibit Resolution adding Area 5 - 71 to the CMD Resolution MD 5 - 71 Exhibit 1 Exhibit MD 5 - 71 Exhibit A Exhibit MD 5 - 71 Exhibit B Exhibit MD 5 - 71 Exhibit C Exhibit MD 5 - 71 Exhibit D Exhibit MD 5 - 71 Exhibit E Exhibit MD 5 - 71 Exhibit F Exhibit EXHIBIT D EXHIBIT D EXHIBIT D EXHIBIT D ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 CONSENT - Resolutions k. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/12/2014 WARD: Ward(s) 3, 4 SUBJECT: Resolutions of Intention (ROI) adding the following territories to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director s Report for each: 1. ROI No. 1811 adding Area 1-103 (Parcel Map Waive r 14- 205 located south of the intersection of Seventh Standard Road and Verdugo Lane) 2. ROI No. 1812 adding Area 1- 104 (south east corner of Calloway Drive and Flushing Quail Road) STAFF RECOMMENDATION: Staff recommends adopting the Resolutions of Intent ion. BACKGROUND: A written request has been received by the City Eng ineer from the owner(s) of the parcels to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maint enance District will provide for the maintenance of a public park and street landscaping . This area will be under the park and streetscape zones of benefit and will be assigned a ppropriate tier levels when a park has been constructed and street landscaping has been install ed. Staff is recommending the new territories be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner(s) of the properties described above which waives the public hearing concerning inclusio n in the Consolidated Maintenance District. This allows the City to expedite the maintenance di strict process to satisfy the subdivision requirement. The owner(s) also have submitted a Pro position 218 ballot indicating their consent to the assessments. In order to provide future property owners with dis closure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor- Recorders Office upon approval of this Resolution. ATTACHMENTS: Description Type ROI #1811 adding Area 1 - 103 to the CMD Resolution MD 1 - 103 Exhibit 1 Exhibit MD 1 - 103 Exhibit A Exhibit MD 1 - 103 Exhibit B Exhibit MD 1 - 103 Exhibit C Exhibit MD 1 - 103 Exhibit D Exhibit MD 1 - 103 Exhibit E Exhibit MD 1 - 103 Exhibit F Exhibit ROI #1812 adding Area 1 - 104 to the CMD Resolution MD 1 - 104 Exhibit 1 Exhibit MD 1 - 104 Exhibit A Exhibit MD 1 - 104 Exhibit B Exhibit MD 1 - 104 Exhibit C Exhibit MD 1 - 104 Exhibit D Exhibit MD 1 - 104 Exhibit E Exhibit MD 1 - 104 Exhibit F Exhibit RESOLUTION OF INTENTION NO. 1811 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 1 - 103 ( PARCEL MAP WAIVER 14 - 205 LOCATED SOUTH OF THE INTERSECTION OF SEVENTH STANDARD ROAD AND VERDUGO LANE ) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 3 ) , Chapter 13.04 of Title 13 of the Municipal Code of the City of WHEREAS Bakersfield provides for a procedure by which the City Council m payment of the whole or any part of the costs and expenses of ma ntaining and operating any public improvements which are local in nature, fro assessments apportioned among the lots or parcels of property wi established Consolidated Maintenance District ("CMD"). The asse placed on p arcels within this district area reflect that portion of the cos maintenance of a public park and public street landscaping ("spe above and beyond the basic cost of maintenance of a public park street landscaping throughout th e City ("general benefit"); as set forth in the attached Public Works Director's Repo rt (Exhibit WHEREAS, 1 ), the property within this new district reflects that portion of t maintenance of a public street landscaping and/or public park, b on the location of said improvements in or near said area, above and be benefit of parcels within the City that are not part of the CMD. this area will be assessed its proportionate share of special be zoning, usage, and size of the parcel ; the property owner has requested the City Council to include the WHEREAS, property within the CMD pursuant to Chapter 13.04 of Title 13 of of the City of Bakersfield, and the Public Works Director recommends addit ion of territory to the CMD; it is the intention of the City Council of the City of Bakersfie to WHEREAS, add territory, Area 1 - 103 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a publ d public street landscaping; street landscaping; and the Public Works Director has on this date filed with the Clerk WHEREAS, said Council his report, attached hereto and incorporated herein Exhibit "1," containing the following: a) A description of the boundary of the additional territory, attache hereto as Exhibit "A"; S: \ PROJECTS \ MAINDIST \ Formation Documents \ MD 1 - 103 \ ROI 1811 EST CMD.docx Page of 1 3 b) A map and assessment diagram of the additional territory, attac c) The benefit formula attached hereto as Exhibit "C"; d) A budget, attach ed hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Mun icipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E"; f) Correspondence from the property owner(s) requesting inclusion within the CMD att the City of Bakersfield has received a letter from the owner(s) WHEREAS, the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or an concerning the formation of and assessments for inclusion in the Maintenance District; and by the City Council of the City of NOW THEREFORE, BE IT RESOLVED Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within t boundaries so specified and described is the area, benefiting fr local improvements; that the expense of maintaining and operatin said i mprovements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and describ be as shown on that certain map marked Exhibit "B," entitled "Ma Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indica boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all detai the extent of the addition. 3. Each pa rcel identified in Exhibit "E" is included in the Street Landsca and Park Zones of benefit and is assessed an amount not to excee amount established in Resolution No. 019 - 05 per equivalent dwelling unit per year. In each subsequent year, annual asse ssments may increase by the cost of living reflected in the Los Angeles - Riverside - Orange County/All Urban Consumers Consumer Price Index. S: \ PROJECTS \ MAINDIST \ Formation Documents \ MD 1 - 103 \ ROI 1811 EST CMD.docx Page of 2 3 that the foregoing Resolution was passed and adopted by I HEREBY CERTIFY the Council of the City of Bakersfield at a regular meeting ther _________________________________, by the following vote: AYES: COUNCILMEMBER RIVERA , MAXWELL, WEIR, SMITH , HANSON, SULLIVAN, JOHNSON NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER __________________________________________ ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: _________________________________ ____________________________________________ HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: _________________________________________ ANDREW HEGLU ND Deputy City Attorney Attachments: Exhibit "1" Exhibit " D " Exhibit "A" Exhibit "E " Exhibit "B" Exhibit " F " S: \ PROJECTS \ MAINDIST \ Formation Documents \ MD 1 - 103 \ ROI 1811 EST CMD.docx Page of 3 3 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A - shall be increased annually by the cost of living increase reflected in the Los Angeles Riverside Orange County / All Urban Consumers rict are established by the Recreation and Parks Departm ent through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below ) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier n the Recreation and Parks Department for the entire area of the Conso County Fee(Tier): The County of Kern Assessors Office charges a fee for each parce Total Assessment $= ((Park Rate x Park T ier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee Note: Since Proposition 218 was passed in November 1996, assessment ra n at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated On January 12, 2005 the city passed Resolution 19 - 05 which allowed for an escalator on the maximum assessment. An Proposition 218 and whi ch have ballots which include this escalator may be increased ac A parcel may be added to the City of Bakersfield Consolidated Ma 1. Bakersfield Municipal code 13.04.021 : on Map Act and that benefit from landscaping in the public right - of - way and/or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a mai l 2. Bakersf ield Municip al Code 13.04.022 (A ): district to provide for all future maintenance of any landscapin - of - way and of any public park required as a 3. City staff determines this is necessary as part of: Site Plan Re one Change, a General Plan Amendment, or a C onditional Use Permit. tions or agreements as necessary to adequately reflect the conditions of Developed Parcels will be assessed by their actual units on their site as per their plans, map, or cur Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre e City of Bakersfield Planning Dept. Those densities are: Zone R - 1 4 R - 2 17.42 (max.) R - 3 34.85 (max.) R - 4 72.6 (max.) E 4.36 R - S 1.82 R - S - 1A 1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre R - S - 2.5A 0.4 Agricultural: 1 EDU per gross acre R - S - 5A 0.2 R - S - 10A 0.1 EXHIBIT C EXHIBIT D PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, ARE A 1 - 104 Fiscal Year 2014 - 2015 Addition of territory to the Consolidated Maintenance District, A " is generally described as the southeast corner of Calloway Drive and Flushing Quail Road and as specifically shown on Map and Assessment Diagram marked Exhib ached hereto and incorporated herein by reference as though fully set forth, Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the M Bakersfield, referred to as the Maintenance District Procedure, makes and files this report and proposed assessment of a nd upon all parcels of property within the area for the cost of maintaining a public park and pu public street landscaping. The improvements generally include, b recreation and sports equipment including s wings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecue and restrooms; irrigation system including water mains, sprinkle wires, conduits and t imers; plant forms including trees, shrubs, ground cover and tur sidewalks and walkways now existing or hereafter to be construct said area and are of a public nature. The assessment includes t re placement, water, electricity, care, supervision and any and all the proper maintenance and operation thereof, and all additions thereto which may hereafter be made. For many years, public parks, public streets median and other public stre improvements in the City were maintained through traditional tax 13, in 1978, funds available for maintenance and operation of pa and other street landscaping improvements were substantially reduced budget does not allow for maintenance and operation of park and improvements of the type described above. Thus, without funds fo d operating costs from a source other than general tax revenues, t public parks, street median and other street landscaping improve within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintena District for the maintenance of a park and public street median landscaping. The area will be assigned appropriate park and stre Maintenance D istrict so that each parcel will be assessed the same amount as receiving a similar benefit. All parcels within this area shall be assessed an amount not to Resolution No. 019 - 05 per parcel. In each subsequent year, annual assessments may increa EXHIBIT 1 S: \ PROJECTS \ MAINDIST \ Formation Documents \ MD 1 - 104 \ PW DIRECTOR'S REPORT.docx reflected in the Los Angeles - Riverside - Orange County/All Urban Consumers Consumer Price Index. H owever, parcels will not be assessed until park and/or street la installed. When park and/or street landscape improvements have appropriate park and street tier levels will be assigned, but in sments exceed the amount established in Resolution No. 019 - 05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the be affe cted. Sensory benefits from installing street landscaping are a and open space enjoyment. A public park will benefit all the residential lots and public m will benefit all th e lots or parcels and will be assessed on an Equivalent Dwelling throughout the area. The Benefit Formula is set forth herein as hereto and incorporated in this resolution as though fully set f Director of Public Works of the City of Bakersfield, NOW THEREFORE, I, NICK FIDLER , by virtue of the power vested in me and the order of the Council submit the Fiscal Year 2014 - 201 5 Budget and Assessment Roll as set forth in Exhibit "D" and Exhib respectively, attached hereto and incorporated herein as though parcels of property within additional territory subject to be as mai ntenance and operation in said area. Dated: _______________ NICK FIDLER Director of Public Works City of Bakersfield EXHIBIT 1 S: \ PROJECTS \ MAINDIST \ Formation Documents \ MD 1 - 104 \ PW DIRECTOR'S REPORT.docx EXHIBIT D ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 Consent Calendar l. TO: Honorable Mayor and City Council FROM: Christi Tenter DATE: 8/18/2014 WARD: SUBJECT: Changes to salaries and related benefits for variou s employee units: 1. Amendment No. 2 to Resolution 078-13 approving t he Memorandum of Understanding setting salaries and related benef its for the Fire Supervisory Unit of the Fire Department. 2. Amendment No. 2 to Resolution 077-13 approving t he Memorandum of Understanding setting salaries and related benef its for the Firefighters and Engineers Unit of the Fire Department. 3. Amendment No. 5 to Resolution 080-13 setting sal aries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units. STAFF RECOMMENDATION: Staff recommends adoption of the Resolutions. BACKGROUND: These Resolutions intend to modify established wage s provided to employees of the City of Bakersfield in the Fire Safety, Fire Supervisory an d Police Supervisory (Sergeants) classifications. Approval of the agreements will provide a 1.0% COLA to employees within the Firefighters and Engineers, Fire Supervisory and Police Supervisory classifications, effective September 8, 2014. The recommended increases are the result of recentl y concluded labor negotiations with the Bakersfield Professional Firefighters, based on re- opener langauge in their existing MOU. The full 1% will be applied to salary "catch- up" and the unit will remain under agreement throug h June 30, 2015. Police Supervisory is an unrepresented group and th e full 1% provided to Police Sergeants will also be applied to "catch-up" provisions. With approval of these agreements the remaining "ca tch-up" for these classifications will be 3%. ATTACHMENTS: Description Type Fire Sup Reso Cover Memo Fire Reso Cover Memo Police Sgt Reso Cover Memo 9/8/14 Salary Updates Cover Memo · · ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 Consent - Agreements m. TO: Honorable Mayor and City Council FROM: Douglas N. McIsaac, Community Development Director DATE: 8/19/2014 WARD: SUBJECT: Agreement between City, State of California Departm ent of Public Health and the U.S. Department of Housing and Urban Develo pment ($386,902) for Housing Opportunities for Persons wi th HIV/AIDS Entitlement Program (HOPWA). STAFF RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City originally entered into an agreement with the State of California in March 2008 to enable them to operate the Housing Opportunities for Perso ns with HIV/AIDS Entitlement Program (HOPWA) grant funds on behalf of the City for use i n the Bakersfield Eligible Metropolitan Statistical Area (EMSA). The City notified HUD in June 2014 that it would again like to enter into an agreement with the State to administer the FY 20 14 HOPWA Grant Funds for the EMSA. This is the sixth year for this arrangement. The HOPWA program was established in 1992 to addres s the specific needs of persons/families living with HIV/AIDS. The HOPWA entitlement progra m (a method for allocating funds to eligible cities on behalf of their metropolitan areas) makes grants to local communities, state and non- profit organizations for projects that benefit low- income persons medically diagnosed with HIV/AIDS and their families. The City meets the HU D entitlement criteria based on its population size and number of AIDS cases. The City's HOPWA en titlement for FY 2013 will be $386,902. The State of California Department of Public Health will be responsible for administering the HOPWA grant and they will be executing the agreemen t subsequent to Council review and approval. The HUD Los Angeles office will be the t hird party to execute the agreement following State approval. There is no direct fiscal impact t o the City's financial system for approving this agreement. Again, it is reiterated that under this arrangement the City will act only as a pass- through agency of the grant funds to the State Depa rtment of Public Health. ATTACHMENTS: Description Type HOPWA Letter Agreement Agreement ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 CONSENT-Agreements n. TO: Honorable Mayor and City Council FROM: Jena Covey, Risk Manager DATE: 8/22/2014 WARD: SUBJECT: Agreement with Cardiac Science Corporation ($14,144 ) for Medical Direction/Oversight and Maintenance for two years f or the City's Automatic External Defibrillators (AED). STAFF RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City s contract with Cardiac Science Corporation for med ical direction/oversight and maintenance for the City s thirteen (13) Automatic External Defibrillators ( AED) expires on September 11, 2014. While the amount of this agreement would not requir e City Council approval, this agreement is being presented for City Council approval because t he typical indemnity language is being substituted for a limited indemnity. This does not add any risk to the City, but clarifies that indemnity is only applicable if an AED fails to fun ction or perform in accordance with its specifications or there is a defect in the design o f an AED. This limited liability language has been reviewed a nd approved by Risk Management and the City Attorney. ATTACHMENTS: Description Type Cardiac Science Agreement Agreement AGREEMENT NO. __________________ INDEPENDENT CONTRACTOR'S AGREEMENT is made and entered into on ____________________ , by THIS AGREEMENT and between the a municipal corporation, ("CITY" herein) CITY OF BAKERSFIELD, and ("CONTRACTOR" herein). CARDIAC SCIENCE CORPORATION R E C I T A L S CONTRACTOR represents CONTRACTOR is experienced, well WHEREAS, qualified a nd a specialist in the field of medical direction and maintaining automatic external defibrillators . incorporating the f oregoing recitals herein, CITY and NOW, THEREFORE, CONTRACTOR mutually agree as follows: Th e scope of work is described as Medical 1. SCOPE OF WORK . Direction / Oversight with Master Track d ata capture and storage tracking system , and maintenance for all of the Automatic External Defibrillators for two (2) years. The scope of work shall include all items a nd procedures necessary to properly complete the task CONTRACTOR has been hire perform, whether specifically included in the scope of work or n Compensation for all work, services or products 2. COMPEN SATION . called for under this Agreement shall consist of a total payment Fourteen ( ) . Thousand One Hundred Forty Four Dollars $ 14,144 .00 The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out - of - pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agr by the parties. Payment by CITY to CONTRACTOR shall be 3. PAYMENT PROCEDURE . made within thirty (30) days after receipt and approval by CITY CONTRACTOR's itemized invoice. ____________________________________ INDEPENDENT CONTRACTOR'S AGREEMENT S: \ Robert \ Cardiac Science \ 2014 \ Cardiac Science Agreement 2014.docx - Updated August 14, 12 -- Pa ge 1 of 9 Pages -- CONTRACTOR shall name all key personnel to be 4. KEY PERSONNEL . assigned to the work set forth herein. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONTRACTOR shall provide background for each of the key personne including, without limitation, resumes and work experience in th called for herein. CITY reserves th e right to approve key personnel. Once the key personnel are approved CONTRACTOR shall not change such pers without the written approval of CITY. CONTRACTOR shall not begin work until 5. STARTING WORK . authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by CONTRACTOR and CITY. Any bid documents, including, without 6. INCLUDED DOCUMENTS . limitation, special provisions and standard specifications and a Proposals, Request for Qualifications and responses thereto rela Agreement are incorporated by reference as though fully set forth. The failure of any party to enforce against 7. NO WAIVER OF DEFAULT . another party any provision of this Agreement shall not constitu that party's right to enforce such a provision at a later time, to vary the terms of this Agreement. CONTRACTOR shall, at its sole cost and expense, keep in 8. LICENSES . effect or obtain at all times during the term of this Agreement permits and approvals which are legally required for CONTRACTOR its profession . If a corporation, at least one officer or key employee shall hol the required licenses or professional degrees. If a partnership partner shall hold the required licensees or professional degree All work shal l be performed in 9. STANDARD OF PERFORMANCE . conformity with all legal requirements and industry standards ob specialist of the profession in California. This contract sets forth the entire 10. MERGER AND MODIFICATION . Agreement between the parties and supersedes all ot her oral or written representations. This contract may be modified only in writing and signed by all the parties. If any modification of this Agreement results in total compensat which exceeds Forty Thousand Dollars ($40,000.00), such modifica st be approved by the City Council. In the event of a conflict between the terms, conditions or 11. EXHIBITS . specifications set forth in this Agreement and those in exhibits the terms, conditions, or specifications set forth in this Agree nt shall prevail. ____________________________________ INDEPENDENT CONTRACTOR'S AGREEMENT S: \ Robert \ Cardiac Science \ 2014 \ Cardiac Science Agreement 2014.docx - Updated August 14, 12 -- Pa ge 2 of 9 Pages -- All exhibits to which reference is made in this Agreement are de incorporated in this Agreement, w hether or not actually attached. Unless terminated sooner as set forth herein, this Agreement 12. TERM . shall continue for a period of (2) years commencing September 11, 201 4 , and terminate on September 11 , 201 6 . This Agreement may be terminated by any party 13. TERMINATION . upon ten ( 10 ) days written notice, served by mail or personal service, to all other parties. CONTRACTOR shall, at 14. COMPLIANCE WITH ALL LAW S . CONTRACTOR's sole cost, comply with all of the requirements of M State, and Federal authorities now in force, or which may hereaf pertaining to this Agreement, and shall faithfully observe in al relating to or growing out of this Agreement all Municipal ordinances and Federal statutes, rules or regulations, and permitting requireme or which may hereafter be in force including, without limitation of Bake rsfield business tax certificate (Bakersfield Municipal Code Cha where required. This Agreement calls for the 15. INDEPENDENT CONTRACTOR . performance of the services of CONTRACTOR as an independent cont CONTRACTOR is not an agent or employee of the CITY for any purpo not entitled to any of the benefits provided by CITY to its empl A greement shall not be construed as forming a partnership or any association with CONTRACTOR other than that of an independent co CONTRACTOR retains the right to control or direct the 16. DIRECTION . manner in which the services described herei n are performed. CONTRACTOR will supply all equipment, tools, 17. EQUIPMENT . materials and supplies necessary to perform the services under t In addition to any other insurance or bond required 18. INSURANCE . under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of ins insurance requirements") herein: providing coverage on an 18.1 Automobile liability insurance , occurrence basis for bodily injury, including deat h, of one or more persons, property damage and personal injury, with limits of not less tha Dollars ($1,000,000) per occurrence; and the policy shall: ____________________________________ INDEPENDENT CONTRACTOR'S AGREEMENT S: \ Robert \ Cardiac Science \ 2014 \ Cardiac Science Agreement 2014.docx - Updated August 14, 12 -- Pa ge 3 of 9 Pages -- Provide coverage for owned, non - owned and hired 18.1.1 autos. unless 18.2 Broad form commercial general liability insurance , otherwise approved by the CITY s Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or m property damage and personal injury, with limits of not less tha D ollars ($1,000,000) per occurrence; and the policy shall: Provide contractual liability coverage for the terms of 18.2.1 this Agreement. Provide p roducts and completed operations 18.2.2 coverage. Contain an additional insured endorsement in favor 18.2.3 of the City, its mayor, council, officers, agents, employees and v olunteers. All policies shall be written on a first - dollar coverage 18.2.4 basis, or contain a deductible provision. Subject to advance approval by the CITY, CONTRACTOR may utilize a Self - Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self - Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. with statutory limits and 18.3 Workers' compensation insurance employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiv subrogation in favor of the City, its mayor, council, officers, and volunteers. All policies required of the CONTRACTO R shall be primary 18.4 insurance as to the CITY, its mayor, council, officers, agents, designated volunteers and any insurance or self - insurance maintained by the CITY, its mayor, council, officers, agents, employees, and desig sh all be excess of the CONTRACTOR's insurance and shall not contri ____________________________________ INDEPENDENT CONTRACTOR'S AGREEMENT S: \ Robert \ Cardiac Science \ 2014 \ Cardiac Science Agreement 2014.docx - Updated August 14, 12 -- Pa ge 4 of 9 Pages -- Except for workers compensation, insurance is to be placed 18.5 with insurers with a Best s rating as approved by CITY s Risk Manager, but in no event less than A - :V II . Any deductibles, self - insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise Agreement, or insurance rated below Best s A - :V II , must be declared prior to execution of this Agreement and approved by t he CITY in writing. Unless otherwise approved by CITY s Risk Manager, all policies 18.6 shall contain an endorsement providing the C ONTRACTOR with thirty (30) days written notice of cancellation. Upon receipt of such notice, CONTRACTOR will provide notice of c ancellation to the CITY. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recov Copies of policies shall be delivered to CITY on demand. The insurance required hereunder shall be maintaine d until all 18.7 work required to be performed by this Agreement is satisfactoril evidenced by written acceptance by the CITY. The CONTRACTOR shall furnish the City Risk Manager with a 18.8 certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel certificates of insurance and endorsements required have not bee prior to the execution of this Agreement. Full compensation for all premiums which the CONTRACTOR is 18.9 required to pay on all the insurance described herein shall be c included in the prices paid for the various items of work to be the Agreement, and no additional allowance will be made therefor additiona l premiums which may be required by extensions of the policies o insurance. It is further understood and agreed by the CONTRACTOR that 18.10 its liability to the CITY shall not in any way be limited to or amount of insurance obtained and carrie d by the CONTRACTOR in connection with this Agreement. Unless otherwise approved by the CITY, if any part of the work 18.11 under this Agreement is subcontracted, the "basic insurance requ forth above shall be provided by, or on behalf of, all subc ontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR. CONTRACTOR shall provide, when required by CITY, and 18.12 mutually agreed to by both of the parties, performance, labor and material bonds in amounts and in a form suitable to CITY. CITY shall approve in writing all ____________________________________ INDEPENDENT CONTRACTOR'S AGREEMENT S: \ Robert \ Cardiac Science \ 2014 \ Cardiac Science Agreement 2014.docx - Updated August 14, 12 -- Pa ge 5 of 9 Pages -- such security instruments prior to commencement of any work unde Agreement. In the case of public works contracts, CITY will 19. THIRD PARTY CLAIMS . timely notify CONTRACTOR of third party claims relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shal demand, all costs of notification. CONTRACTOR will defend and indemnify any 20. LIMITED I N DEMNITY . person or entity who purchases, rents, leases or uses/deploys an CONTRACTOR or one of its authorized distributors CITY against any claims, damages, liabilities, or actions ass erted any AED if and to the extent the Claim is based upon (i) the fai function or perform in accordance with its specifications or (ii mat erial, or workmanship of an AED. CITY MAY NOT TRANFER OR ASSIGN ITS RIGHT UNDER THIS POLICY. Indemnification under this Agreement is not available to CITY : (i) if the AED is used in any manner other than for its intended purpose ; (ii ) if CITY does not fol low the required maintenance procedures; ( iii ) for Claims arising from the negligence or other m alicious or illegal actions of CITY or its personnel; or (iv) for claims involving use of non - Cardiac Science or out - of - date pads or batteries. In addition, CO NTRACTOR will not be obligated to indemnify CITY under this Agreement if the patient is successfully defibrillated though th Coverage is effective for the life of the AED. This Agreement is effective upon execution. It is the 21. EXECUTION . product of negotiation and all parties are equally responsible f this Agreement. Section 1654 of the California Civil Code shall interpretation of this Agreement. All notices relative to this Agreement shall be given in 22. N OTICES . writing and shall be personally served or sent by certified or r be effective upon actual personal service or depositing in the U mail. The parties shall be a ddressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD CITY HALL 1 600 Truxtun Avenue Bakersfield, California 93301 ____________________________________ INDEPENDENT CONTRACTOR'S AGREEMENT S: \ Robert \ Cardiac Science \ 2014 \ Cardiac Science Agreement 2014.docx - Updated August 14, 12 -- Pa ge 6 of 9 Pages -- CONTRACTOR: Cardiac Science Corporation N7 W 22025 Johnson Drive Waukesha, WI 53186 The laws of the State of California will govern 23. GOVERNING LAW . the validity of this Agreement, its interpretation and performan arising in any way from this Agreement shall be brought in Kern California . Each party shall execute and deliver such 24. FURTHER ASSURAN CES . papers, documents, and instruments, and perform such acts as are appropriate, to implement the terms of this Agreement and the in parties to this Agreement. Neither this Agreement nor any rights, interests, 25. ASSIGNMENT . duties, liabilities, obligations or responsibilities arising out related in any way to this Agreement (including, but not limited actions, causes of action, claims, damages, demands, liab ilities, losses, obligations, or reckonings of any kind or nature whatsoever, for exemplary and punitive damages, or declaratory, equitable or inj whether based on contract, equity, tort or other theories of rec for by the common or statutory law) may be assigned or transferr party. Any such assignment is prohibited, and shall be unenforceable an otherwise null and void without the need for further action by t - assigning party or parties. The rights and obligations of this Agreement shall 26. BINDING EFFECT . inure to the benefit of, and be binding upon, the parties to the their heirs, administrators, executors, personal representatives assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the pl Agreement may be executed in any number of counterparts, each of shall be considered as an original and be effective as such. All documents, plans, and drawings, 27. TITLE TO DOCUMENTS . maps, photographs, and other papers, or copies thereof prepared CONTRACTOR pursuant to the terms of this Agreement, shall, upon become the property of the CITY. CONTRA CTOR shall maintain accurate 28. ACCOUNTING RECORDS . accounting records and other written documentation pertaining to incurred in performance of this Agreement. Such records and doc shall be kept at CONTRACTOR's office during the term of this Agr or a period of three years from the date of the final payment hereu records shall be made available to CITY representatives upon req ____________________________________ INDEPENDENT CONTRACTOR'S AGREEMENT S: \ Robert \ Cardiac Science \ 2014 \ Cardiac Science Agreement 2014.docx - Updated August 14, 12 -- Pa ge 7 of 9 Pages -- time during regular business hours. Each individual signing this Agreement on 29. CORPORATE AUTHORITY . behalf of entities represent and warrant that they are, respecti authorized to sign on behalf of the entities and to bind the ent and all of the obligations set forth in this Agreement. 30. TAX NUMBERS . CONTRACTOR's Federal Tax ID Number 94 - 3300396 CONTRACTOR is a corporation? Yes X No (Please check one.) No officer or employee of the CITY shall hold any 31. NON - INTEREST . interest in this Agreement (California Government Code section 1 All obligations of CITY under the terms of 32. RESOURCE ALLOCATION . this Agreement are subject to the appropriation and allocation o esources by the City Council. the parties hereto have caused this Agreement to IN WITNESS WHEREOF, be executed, the day and year first - above written. "CITY" CONTRACTOR CITY OF BAKERSFIELD CARDIAC SCIENCE CORPORATION By:_ _______________________ _____ ___ By:______________________________ ____ HARVEY L. HALL Mayor Print Name: Title: APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By:___________________________ Insurance: ____________ ____________________________________ INDEPENDENT CONTRACTOR'S AGREEMENT S: \ Robert \ Cardiac Science \ 2014 \ Cardiac Science Agreement 2014.docx - Updated August 14, 12 -- Pa ge 8 of 9 Pages -- APPROVED AS TO CONTENT: By: ___________________ ___ ________ DIANNE HOOVER Recreation and Parks Director COUNTERSIGNED: By:_____________________ ___ ______ NELSON SMITH Finance Director ____________________________________ INDEPENDENT CONTRACTOR'S AGREEMENT S: \ Robert \ Cardiac Science \ 2014 \ Cardiac Science Agreement 2014.docx - Updated August 14, 12 -- Pa ge 9 of 9 Pages -- ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 Consent Calendar - Agreements o. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 7/17/2014 WARD: Ward 3 SUBJECT: Design Consultant Agreement with MIG, Inc. ($271,24 8), for design services for Mesa Marin Phase II. STAFF RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The Mesa Marin Sports Complex is located south of S tate Route 178 between Bedford Green Drive and State Route 184. The design of Phase II w ill expand the existing complex and will include two lighted softball fields with scoreboard s; passive park areas and site landscaping; a prefabricated restroom building; shade pavilion; dr ainage, sewage, and water improvements; electrical and lighting improvements; concrete wal kways; and a children's playground. A skate park and spray park will be accommodated in the sit e plan, but will be designed and constructed in the future. Eleven design consulting firms responded to the Cit y's Request for Qualifications/Request for Fee Proposal. The selection committee, consisting o f Public Works and Recreation/Parks staff, evaluated the firms' qualifications and selected th e following five firms to proceed to the interview stage: MIG (Fullerton) l Meyer Civil Engineering (Bakersfield) l Quad Knopf (Bakersfield) l RJM Design Group (San Juan Capistrano) l RRM Design Group (San Luis Obispo) l The selection committee recommends award of the agr eement to MIG, Inc. based on their qualifications and fee proposal being the most favo rable to the City. Sufficient funds have been budgeted for award of this agreement. Capital Outla y and Park Improvement funds provide the funding source for this agreement. ATTACHMENTS: Description Type Design Consultant Contract Agreement Exhibit "A" ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 Consent - Agreements p. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/27/2014 WARD: Ward 2 SUBJECT: Agreement with Superior Construction ($674,900.00) to design - build a new warehouse building for storing police evidence on City- owned property located on Truxtun Avenue, adjacent to SR 99. STAFF RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: Resolution No. 100- 14, approved by Council on June 25, 2014, authorize d the dispensing with bidding procedures due to the urgent necessity to c onstruct a new warehouse building for storing police evidence, not to exceed $750,000. Because th e Bakersfield Police Department s current lease for warehouse space expires by the end of thi s calendar year, time is critical in constructing the new warehouse, which will be located on city- owned property on Truxtun Avenue, adjacent to SR 99. The Public Works Director contacted two cont ractor firms to determine if they were interested in the project and, if they were interes ted, to solicit their proposal amount. Only one firm, Superior Construction, indicated that they co uld perform the work under the tight deadlines within the project s budget. Superior Construction s proposal amount to perform the work was $674,900. As background, the Bakersfield Police Department is responsible for the fiduciary storage of property seized as evidence in crimes or seized for safekeeping. This responsibility includes maintaining the legal chain of custody for the seiz ed property to preserve the evidentiary value of the property. From 2003 to 2013, the City leased 4,500 square fee t of warehouse space for storage of police evidence for approximately $25,000 a year. Because of space limitations, the City needed more space than 4,500 square feet for storage of police evidence. Consequently, the City entered into Agreement No. 13 - 104 on July 13, 2013 with the Kern High School Dist rict (District) to lease a 12,320 square foot warehouse building which is loca ted at 1417 H Street, adjacent to Bakersfield High School. The lease was for $65,040 annually. Th e term of the lease was for three years with annual extensions thereafter. However, the District exercised its right to terminate the lease early. On December 18, 2013, the District notified the City that this lease will terminate by December 31, 2014 so that the District can perform site improvements at Bakersfield High. The Police Evidence building will be built on City- owned property on Truxtun Avenue adjacent to SR 99. This site is suitable for a property evidenc e warehouse for the City s Police Department, is within a one- mile radius of Kern County Court buildings, and all ows for future expansion. There is currently no building on this site. It should be noted that the proposed location of th e new evidence warehouse on City- owned property on Truxtun Avenue, adjacent to SR 99, is n ot within the existing footprint of the future high speed rail alignment. Staff recommends approval of the Agreement with Sup erior Construction to ensure timely construction of the new Police Department evidence warehouse which is critical to maintain the integrity of the seized property s evidentiary value in court proceedings. Sufficien t funds are budgeted for award of this agreement. Capital Outla y funds provide the funding source for this agreement. ATTACHMENTS: Description Type Construction Agreement Cover Memo Exhibit A Cover Memo Exhibit B Cover Memo ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 CONSENT - Agreements q. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/19/2014 WARD: Ward(s) 2, 3, 4, 5 SUBJECT: Downtown Streetlight Energy Efficiency Project: 1. Work Order agreement with PG&E (not to exceed $ 250,000) to install energy efficient L.E.D. streetlights in the Downtow n area and other locations. 2. On-bill Financing Loan agreement with PG&E (not to exceed $250,000) at zero interest to fund the project. STAFF RECOMMENDATION: Staff recommends approval of Agreements. BACKGROUND: On June 6, 2012, the City entered into Agreement No . 12- 088 with PG&E to fund energy efficiency improvements at Rabobank Arena through t he On- bill Financing (OBF) Program. The California Public Utility Commission (PUC) provides funding for the OBF program while PG&E acts as the administrator of these funds. Based on the positive results from the Rabobank Arena improvements, staff has identified other potential energy efficiency projects which would be eligible under the OBF Program. On June 25, 2014, the City entered into agreement N o. 14- 098 with PG&E. This Master Service Agreement provides for PG&E to design various energ y efficiency projects, provide engineering estimates, and construct or install the energy effi ciency improvements. Upon completion, the improvements are turned over to the City. In turn, the City pays back the zero- interest loan through energy savings realized by the improvements until the loan is fully repaid. The Work Order and Loan agreements with PG&E provid e for the audit of existing street lights in the downtown area and the installation of 695 energ y efficient Light Emitting Diode (LED) street lights to replace the existing High Pressure Sodium (HPS) street lights. The downtown area includes all of the approximately 320 cobra- head style lights within the defined area. The area included is generally bounded by "F" Street to the West, 24th Street to the North, "Q" Street to the East, and California Avenue to the South. In or der to fully utilize the OBF program and budgeted funds, some of the most traveled City stre ets were also included. These street corridors are: Coffee Rd. from Norris Rd. to Stockd ale Hwy; Gosford Rd. from Stockdale Hwy to Panama Ln; Truxtun Ave. from "F" St. to Coffee Rd; Oak St. from the North end to California Ave; and, California Ave. from Stockdale Hwy to "F" St. At the completion of the project, PG&E will also deliver an electronic file with GIS locations of the street lights and related data and information to the City. The loan documents provide up to $250,000 of fundin g at zero interest to pay for this energy efficiency project. As previously noted, this $250, 000 loan will install energy efficient lighting on 695 streetlights. However, staff will explore and a pply for all available PUC and PG&E incentives which will allow for more streetlights to be conver ted to L.E.D lighting. In addition to the OBF funds, $100,000 of Capital Outlay Funds was budgete d as part of the FY 2014/15 CIP budget to supplement the project. These funds will be used to upgrade additional street lights in the downtown area that are not eligible under the OBF p rogram. ATTACHMENTS: Description Type Work Order Agreement Agreement Loan Agreement Agreement Agreement No: SS T - 062014.1 City of Bakersfield WORK ORDER STREETLIGHT REPLACEMENT _______ __, 2014 is made and entered into by and between City of Bakersfield , a California municipal corporation with offices at 1600 Truxtun Avenue, Bakersfield, California, 93301 Pacific Gas and Services Agre ement between Customer and PG&E entered into on or about June 25, 2014 In accordance with the pro vision of th e Services A greement , the Customer wishes to engage PG&E and its Subcontractor to provide PG& subject to the terms of the Services Agreement and hereby notif ies PG&E to commence work on the following P roject : PROJECT NAME : City of Bakersfield Streetlight Replacement CONTRACT No. SST - 062014 AMOUNT OF WORK ORDER : Not to Exceed $250,000 .00 ESTIMATED START DATE: 10/01/2014 1. SCOPE OF WORK 1.1 The Services to be performed by PG&E and its Subcontractors are described in the Scope of Work ( Exhibit A ) , which is attached hereto and incorporated by reference herein. 1.2 PG&E EXPRESSLY RESERVES ALL ITS RIGHTS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: THE RIGHT TO UTILIZE OT HERS TO PERFORM THE SERVICES OF THE TYPE CONTEMPLATED BY THIS WORK ORDER; THE RIGHT TO REQUEST WORK ORDER S FROM OTHERS FOR THE SERVICES OF THE TYPE CONTEMPLATED BY THIS WORK ORDER AND THE UNRESTRICTED RIGHT BY PG&E TO BID OR PERFORM ANY SUCH SERVICES OR WORK. 2. O RDER OF PRECEDENCE In the event of a conflict between the provisions of the Work Order, the Scope of Work , and the Services Agreement, the following order of precedence shall apply (in descending order): (a) th is Work Order, (b) the Scope of Work , and (c ) the Services Agreem ent. 3. DELIVERABLE S For purposes of this Work Order, t he d eliverable s will consist of the following items (collectively, the : Summary report listing street lights fixtures that were replaced, energy savings and project cost Revised G IS - based inventory of the affected streetlights Copies of third party warranties for the new streetlights and photo c ontrols 1 11 Page of ____ ____ _______ initials Agreement No: SS T - 062014.1 City of Bakersfield Certified payrolls for subcontractors performing the streetlight fixture replacements 4. PERFORMANCE OF SERVICES PG& E shall have no obligations to perform any Services under this Work Order unless and until both Parties have signed this Work Order. The issuance of this Work Order does not commit PG&E to perform any future work for Customer. 5. AUTHORIZATION Upon receipt of the Work Order, Customer shall review the Work Order and verify that the terms of the acceptance of the terms and conditions set forth herein . 6. ACCEPT ANCE 6.1 Upon completion of the Services, Customer will inspect all of the streetlights that have been replaced and confirm that each streetlight has been installed per the S pecifications in the Scope of Work (Exhibit A). U pon PG& Project has been completed , Customer will have fifteen (1 5 ) business days from the date of that the streetlight s ha ve been installed per the Specifications . 6.2 If a streetlight has not been installed per the S pecificati ons, Customer shall promptly notify PG&E in writing and set forth in reasonable detail the reason(s) why the streetlight has not been properly installed . PG&E shall correct those issues identified by Customer within a period of time mutually agreed upon b - conforming items, Customer shall have ten (10) notice to confirm that the streetlight has been installed per the Specifications . This process will continue until Custom er confirms that all of the streetlights that have been replaced under this Project meet the Specifications . If Customer does not provide PG&E with written notice of its acceptance or rejection of the Project within thirty (30) days from the accepted the Project . 7. PAYMENT SCHEDULE 7.1 The total cost of the Project is set forth before Section 1. Notwithstanding anything to the contrary in the Services Agreement, Customer hereby agrees to pay PG&E for the Services as follows: (a) First Payment : Upon ordering of materials, Customer will be invoiced 50% of the total amount of th is Work Order . (b) Final Payment : Customer will be invoiced for final 50% payment upon the earlier of: (i) completion of th e Project, or (ii) when punch list items (if any) have been completed. ›-œ L“ ·w; ;Ý;“· š“ ,zŒŒ Ez““-z“m z­ ,;z“m Ò­;7 ·š Eғ7 ·w; ¦©š†;-· V šE ·w; ¦©š†;-· -š­· · ·w; ;“7 šE ·w; ¦©š†;- ·u 2 11 Page of ____ ____ _______ initials Agreement No: SS T - 062014.1 City of Bakersfield 7.2 The PG&E i lling address. A ll payments shall be made within thirty (30) days from the invoice date. Each payment made by Customer must reference this Work Order and invoice number and be mailed to: PACIFIC GAS AND ELECTRIC COMPANY Attn: Sales and Service Manager, B usiness Development P.O. Box 770000, Mail code : N10D San Francisco, CA 94177 7.3 The price for the Services set forth above before Section 1 of the LED streetlight rebates from the cost to provide the Services. Customer acknowledges and understands that Rebates are subject to funding availability , which is administered by PG&E on a first - come, first - serve basis. If the funding for the Rebat es is depleted, Customer acknowledges and agrees that Customer shall nonetheless be liable to PG&E and remain obligated to pay the full amount of the fee for the Services performed hereunder. 7.4 This Section 7 shall survive the expiration or termination of the Work Order. 8. NOTIFICATION S AND INTERFACE Both Parties shall contact and/or deliver written notices (email is allowed ) to the business contacts below in the normal course of business , and in the event of any problems which may significantly affect the performance of the Services under this Work Or der BUSINESS CONTACTS CUSTOMER PACIFIC GAS AND ELECTRIC COMPANY Name Stuart Patteson, P.E. Name Cindy Bryson Title Public Works Operations Address 245 Market St, San Francisco CA, Manager 94105 Address City of Bakersfield Telephone 415 - 973 - 8220 Telephone 661 - 326 - 3781 Email CABj@pge.com CUSTOMER BILLING CONTACT: Name Stuart Patteson, P.E. Email spatteso@bakersfieldcity.us Telephone 661 - 326 - 3781 3 11 Page of ____ ____ _______ initials Agreement No: SS T - 062014.1 City of Bakersfield 9. INDEM NIFICATION 9.1 PG&E shall indemnify, and defend any proceeding or action brought by a third party against the Customer claim for bodily injury or damage to tangible property suffered by such third party which was caused by negligence or willful misconduct during the course of PG&E under this Work Order . Notwithstanding anything to the contrary, PG&E is not liable to defend or indemnify Customer for any claims or damages arising out of or related to the negligence or willful misconduct of Customer, its officials or employees. THE FOREGOING IS C EXCLUSIVE REMEDY AND PG&E THIRD PARTY CLAIMS. 9.2 Notice and Defense Conditions . Customer shall promptly notify PG&E , in writing, of any claim, demand, proceeding or suit of which Customer becomes aware which may give rise to a right of defense under Section 9.1 Notice of any Claim that is a legal proceeding, by suit or otherwise, must be provided to PG&E wit hin thirty (3 0 ) in writing and include an offer to tender the defense of the Claim to PG&E . Upon PG&E tender, Customer will cooperate with PG&E with respect to such defens e and settlement. If Customer fails to cooperate in defense or settlement of the a Claim by unreasonably withholding approval of an action requested by PG&E, PG&E may terminate defense of a Claim after thirty (30) day written n otice to the City providing an opportunity to cure any alleged failure to cooperate in the defense of a Claim . If a Claim is settled and to the extent permitted by law, neither party will publicize the settlement and will make every effort to ensure the settlement agreement contains a non - disclosure provision. 10 . OWNERSHIP OF DELIVERABLE S 10.1 O wnership and title to any Deliverable produced by or on behalf of PG&E pursuant to this Work Order will be transferred to the Customer the particular Deliverable a nd no further agreement will be necessary to transfer ownership to the Customer. PG&E shall furnish the Customer all necessary copies of data used to prepare the Deliverable which are needed by Customer to complete its review and approval proc ess. 10.2 PG&E shall not be liable for any claims, liabilities, or losses arising out of, resulting from or in any Deliverables, project documentation on other projects, except such use as may be authorized in writing by PG&E. 11 . THIRD PARTY LIMITED WARRANTIES 11.1 In accordance with Section 8.3 of the Services Agreement, PG&E will, within thirty (30) days from its receipt of the final payment for the Services, assign to Customer the warranties for the lighting controls and lighting fixtures purchased by or on behalf of PG&E and installed as part of the Services under this Wo rk Order. A copy of these third party warranties is set forth in Exhibit B. 11.2 Solely a s an accommodation to Customer and not as a contractual commitment , Customer may, d uring the first twelve (12) months following the i nstallation of the Equipment , contact PG&E and 4 11 Page of ____ ____ _______ initials Agreement No: SS T - 062014.1 City of Bakersfield request that PG&E replace D efective Lighting Fixtures . After this twelve month period, but within the warranty period offered by the manufacturer of the Equipment, Customer shall contact the manufacturer of the Equipment to make a warran ty claim for defective Equipment . In addition, Customer shall be solely responsible for the removal of the E quipment as well as arranging and paying for shipping of the defective E ins urance and risk of loss to the E quipment while in transit), and installation of the E quipment upon return, unless otherwise be assigned by Customer. 11.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PG&E MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. IN ADDITION, PG&E HEREBY SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THE SERVICES , INCLUDING BUT NOT LIMITED TO ANY AND ALL WARRANTIES OF MERCHANTABILITY, NON - INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 12. AUTHORITY Each Party represents and warrants that the indiv idual signing below, as well as any C hange Orders and approvals hereunder, has and shall have all requisite power and legal authority to bind the Party on whose IN WITNESS THEREOF, the parties agree to be bound by this Work Order as of the date first set forth above. C USTOMER PACIFIC GAS AND ELECTRIC COMPANY Signature : Signature : Print Name : Print Name: Roxanne Fong Title : Title: Manager , Business Development Date : Date : 5 11 Page of ____ ____ _______ initials Agreement No: SS T - 062014.1 City of Bakersfield EXHIBIT A SCOPE OF WORK 1. Services . The S cope of the S ervices to be performed by PG&E and its Subcontractors is set forth below : (a) Scope of Work : Order and purchase the number of street light fixtures specified by Customer at Replace approximately 695 HPSV lights operating at 120 or 240 volts with LED lights according to the map and LE D spreadsheet (identifies each location) in the City of Bakersfield . Number any light poles that are not numbered using badge number stickers provided by PG&E. Change the PG&E street light rates to LED and provide documentation on the changes and cost for the street lights which with Customers approval may also include rates changes. Customer Initials ______. LS2C to LS2A Date__________. Process the rebates and provide documenta tion on the changes for the stree t lights . Provide a revised GIS - based inventory. Arrange for waste disposal of removed street light fixtures. (b) Estimated minimum number of days to complete scope of work: To be determined. (c) Date Services are estimated to begin: 10/01/2014. (d) Customer sites where work is to be performed : Please see attached spreadsheet. (e) Type and number of stree t light fixtures to be replaced: Please see attached spreadsheet. 1 (f) Specifications for installation : N/A. PG&E will replace the existing lighting fixture s and connect the existing wiring to the new LED fixture on a 120 - 277 volt service. This replacement will include the installation of a new photo cell or shorting cap and testing said lighting fixture s so as to en sure it /they is /are operational. Please be advised that the replacement of fuses and/or troubleshooting no power situations are outside of the scope of the Services performed by PG&E an d shall not be part of this Work Order . However, PG&E will promptly inform C ustomer . Customer acknowledges and agrees that PG&E will not be responsible for installing any lighting fixtures on voltage outside the 120 - 277 service unless C ustomer specifically identifies , in writing, those locations by badge number and address , before the Equipment is ordered . It is the C ustomer s responsibility to tell 1 Note : The locations of the replaced streetlights may change if street lights are added to or deleted from the Project during installation. A final spreadsheet will be given to Customer upon completion of the Services. 6 11 Page of ____ ____ _______ initials Agreement No: SS T - 062014.1 City of Bakersfield PG&E if they have service need s o utside of these voltage parameters so th e proper Equipment can be ordered, otherwise, it shall be the C ustomer s responsibility to pay for any lighting fixtures that were ordered or damage d during installation . 2. Additional Work 2.1 If in the process of perf orming the Service, a condition is discovered that prevents PG&E from performing the Service as specified such as but not limited to (a) access to the street light such as overgrown trees or blocked roadway, (b) broken street light bracket, or (c) wiring d efect that prevents delivery of energy to the street light fixture, PG&E will notify Customer in writing of such condition and the work necessary to remedy the condition. If the work required is estimated by PG&E at less than Five Thousand Dollars ($5,000 ) and Customer approves, PG&E may perform such work and invoice Customer periodically for actual time and materials to perform such work. 2.2 If, for any reason, Customer chooses not to correct such condition, PG& E shall be relieved of any and all responsibility for performing the Service for that street light or group of street lights. 2.3 If in the process of performing the Service, active bird nests, and/or bee hives, wasps are discovered, PG&E will notify Cu stomer of such condition and discontinue work on affected equipment. 3. Disposal of old streetlights and related materials 3.1 Customer will make space available at Customer - owned property for material storage and disposal during construction. PG&E will hold Customer harmless for damage to stored materials while on 3.2 PG&E will store the materials at the following site: LOCATION : To be determined. 3.3 PG& appropriate bins. PG&E will label the bins and ship them to a registe red disposal facility. 4. To the extent that performance of the Service by PG&E depends upon approvals or other decisions by Customer, or on Customer furnishing particular documents or information, including but not limited to work permits, and that Customer does not timely perform or provide the same, the minimum time estimate for PG&E's completion of the Service shall be extended to take into account Customer's delay with respect thereto. Customer shall reimburse PG&E for the costs on any required work permits. If Customer or a competent governmental authority requires any other compliance efforts, including but not limited to flagging, traffic control, or neighborhood notifications, as a condition for work to proceed, then C ustomer shall reimburse PG&E for the costs related to these efforts . 7 11 Page of ____ ____ _______ initials Agreement No: SS T - 062014.1 City of Bakersfield EXHIBIT B THIRD PARTY WARRANTIES 1. (a) Cree LED Lighting Fixtures 1200 92nd Street Sturtevant, WI 53177 - 1854 Phone: (800)236 - 6800 (b) The warranty period for the Cree LED Lighting Fixtures is 10 years. A copy of that warranty is set forth in Schedule 1 to this Exhibit B. 2. (a) Ripley Lighting Controls 2023 Platt Springs Road P.O. Box 3229 West Columbia, SC 29169 Phone: 803 - 939 - 4700 Fax: 803 - 939 - 4777 (b) The warranty period for the Ripley lighting controls is 8 years. A copy of that warranty is set forth in Schedule 2 to this Exhibit B. 8 11 Page of ____ ____ _______ initials Agreement No: SS T - 062014.1 City of Bakersfield SCHEDULE 1 TO EXHIBIT B LIMITED WARRANTY FOR CREE® LED LIGHTING FIXTURES (INCLUDING BETALED® TECHNOLOGY; TRUEWHITE® TECHNOLOGY; AND ESSENTIA® FIXTURES) This limited warranty is provided by the Cree company described below ("Seller") to you as the original purchaser of the LED lighting p roduct that is identified on Seller's invoice reflecting its original purchase (the "Product"). The Seller is the Cree Company identified as such on the invoice. This limited warranty may be transferred to subsequent purchasers of the Product, provided tha t such Product is resold in new condition and in its original packaging. Seller warrants that the Product, when delivered in new condition TEN and in its original packaging, will be free of defects in material and workmanship for a period of (10) YEARS fro m the date of original purchase. The determination of whether the Product is defective shall be made by Seller in its sole discretion with consideration given to the overall performance of the Product. A Product shall not be considered defective solely as a result of the failure of individual LED components to emit light if the number of inoperable components is less than 10% of the total number of LED components in the Product. If Seller determines the Product is defective, Seller will elect, in its sole discretion, to refund you the purchase price of the Product, repair the Product or replace the Product. This limited warranty will not apply to loss or damage to the Product caused by: negligence; abuse; misuse; mishandling; improper installation, storage or maintenance; damage due to fire or acts of God; vandalism; civil disturbances; power surges; improper power supply; electrical current fluctuations; corrosive environment installations; induced vibration; harmonic oscillation or resonance associated wi th movement of air currents around the Product; alteration; accident; failure to follow installation, operating, maintenance or environmental instructions prescribed by Seller or applicable electrical codes; or improper service of the Product performed by someone other than Seller or its authorized service provider. This limited warranty excludes THIS LIMITED field labor and service charges related to the repair o r replacement of the Product. WARRANTY IS VOID IF THE PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH IT IS DESIGNED . Seller reserves the right to utilize new, reconditioned, refurbished, repaired or remanufactured products or parts in the warranty repair or replacement process. Such products and parts will be comparable in function and performance to an original product or part, as determined by Seller in its sole discretion, and warranted for the remainder of the original warranty period. In order to make a warranty claim, you must notify Seller in writing within sixty (60) days after your disco very of the defect, provide proof of purchase such as the invoice and comply with Seller's other warranty requirements. Upon receiving that notice, Seller may require you to promptly return the Product to Seller, or its authorized service provider, freight prepaid. Your warranty claim should be addressed to Cree c/o Ruud Lighting, Inc., 9201 Washington Avenue, Racine, WI 53406. This limited warranty only applies to specified LED fixtures. Any warranties applicable to finish, poles, lamps, CR Series downli (specifically Class II as defined per IEC/EN60598), backup batteries, controls, occupancy sensors, photocells and other fixture accessories can be found at www.cree.com/lighting/products/wa rranty. THE FOREGOING WARRANTY PROVISIONS ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AGAINST INFRINGEMENT 9 11 Page of ____ ____ _______ initials Agreement No: SS T - 062014.1 City of Bakersfield AND ANY IMPLIED WARRANTIES OF MERCHANTA BILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL, COMPENSATORY, CONSEQUENTIAL, INDIRECT, SPECIAL OR OTHER DAMAGES. SELLER'S AGGREGATE LIABILITY WITH RESPECT TO A DEFECTIVE PRODUCT SHALL IN ANY EVENT BE LIMITED TO THE MONIES PAID TO SELLER FOR THAT DEFECTIVE PRODUCT. This warranty is effective for purchases of Product on or after the effective date set forth below. Seller reserves the right to modify this warranty from time to time. Any modification of this wa rranty shall be effective for all orders placed with Seller on or after the effective date of such revised warranty. 10 11 Page of ____ ____ _______ initials Agreement No: SS T - 062014.1 City of Bakersfield SCHEDULE 2 TO EXHIBIT B WARRANTY FOR RIPLEY LIGHTING CONTROLS 2023 Platt Springs Road P.O. Box 3229 West Columbia, SC 29169 Phone: 803 - 939 - 4700 Fax: 803 - 939 - 4777 WARRANTY The 6300 Series carries an 8 - year warranty. If the product fails due to manufacturing defect within its warranted period, Ripley Lighting Controls will choose to either replace or repair the lighting control unit. This warranty does not cover damage caused by accident, abuse, misuse or not cov er the cost of removal or installation of the unit, nor any consequential damages. Ripley Lighting Controls assumes no further liability with respect to the sale or use of this product. This warranty is in lieu of other warranties, expressed or implied, in cluding the warranty of merchantability. Ripley Lighting Controls makes no warranty with respect to the suitability of the 11 11 Page of ____ ____ _______ initials B A K E R S F I E L D CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: September 10, 2014 SUBJECT: AGENDA ITEM FOR COUNCIL MEETING OF September 10, 2014: - CONSENT Agreements - Item 8.r Agreement with Parsons Transportation Group Inc. ($7,538,150.00; 88.53% federally funded - $6,673,524; and 11.47% locally funded - $864,626), for Professional Services for Program Delivery/Engineering and Environmental Support Services for the Thomas Roads Improvement Program (TRIP) The agreement's compensation clause included two components. Section 2.1 of the agreement provided for reimbursement of actual costs in an amount not to exceed $7,144,163. Section 2.2 of the agreement provided for a fixed fee of $393,987 to be paid on a monthly basis based upon the percentage of the Scope of Work completed. Therefore, total compensation per the agreement totals $7,538,150. Although the agreement included with Council packets is correct, the Administrative Report incorrectly reflected only the actual cost component of compensation ($7,144,163). The Administrative Report should have reflected total compensation of $7,538,150. G: \GROUPDAT \ADMINRPT\2014 \09 -10 \Blue Memo_Parsons.docx ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 Consent - Agreements r. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/19/2014 WARD: SUBJECT: Agreement with Parsons Transportation Group Inc. ($ 7,144,163.00; 88.53% federally funded - $6,324,728; and 11.47% lo cally funded - $819,435), for Professional Services for Program De livery/Engineering and Environmental Support Services for the Thomas R oads Improvement Program. (TRIP) STAFF RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: In August 2005, Congress approved and President Bus h signed the SAFETEA- Lu federal highway bill which contained $630,000,000 in federa l funds that former Congressman William Thomas obtained for funding a program of transporta tion projects in the metropolitan area; this program came to be known as the Thomas Roads Improv ement Program, or TRIP. These funds, when combined with other state and local funds resu lt in a program that totals over $1.3 billion. Because of the magnitude and limited duration of TR IP and the need for specialized expertise in the delivery of major highway projects, retaining t he services of a program management consultant was determined to be the best and quicke st approach to deliver the TRIP projects. An initial Request for Qualifications for Professional Services for Program Management was issued in November 2005; through a qualifications based se lection process, Parsons Transportation Group (Parsons) was selected to perform these servi ces. Agreement 06- 053 was approved by the City Council on February 22, 2006. On July 12, 2011 staff issued a second Request for Qualifications (RFQ) for Professional Services for Program Delivery/Engineering and Envir onmental Support Services for TRIP, as well as for Professional Services for Preliminary Engine ering and Coordinating/Managing Completion of the Environmental Document for the Centennial Co rridor Loop (SR- 58 Connector) Project. Again through a qualification based selection proce ss, PARSONS was selected to provide these services and Agreement 11-100 was approved by the C ity Council on September 14, 2011. On March 12, 2014, staff issued a third RFQ for con tinuation of Program Delivery/Engineering and Environmental Support Services to deliver the T RIP projects. Two submittals were received from firms regarding this RFQ; but one of the submi ttals was not responsive as it did not contain several specific required RFQ items and information . As such, only the submittal by Parsons was found to responsive to the RFQ and contains all the required items and information. In accordance with federal procurement procedures for these types of services, staff negotiated with Parsons the cost for providing these services. After completion of negotiations, the agreement and costs were required to be submitted t o Caltrans for review and auditing of Parsons accounting procedures before being brought to the City Council for final approval. Under Parsons current Program Management contract, substantial pr ogress has been made in advancing the TRIP projects. A brief summary of ma jor accomplishments that have occurred and key milestones reached include: o Completion of construction of the Westside Parkway phases 2, 4, 6a and 6b, which constructed the freeway from Truxtun Avenue to Alle n Road; o Completion of the final design, property ac quisition, bidding, and the on- going construction of the Westside Parkway Phase 6c, the SR-58 Gap pro ject, and the SR- 178/Morning Drive interchange project; o Completion of the environmental document, t he final design, right of way acquisition, and preparing for bidding for the Beltway Operational I mprovement Project; o Completion of the environmental document, t he final design, right of way acquisition, and bidding for the SR- 99/Hosking Road Interchange Project which is on the City Council agenda for award tonight; o Completion of the environmental document, c ompletion of the final design, and near completion of right of way acquisition for the Rose dale Highway Widening Project; o Completion of the environmental document, c ompletion of the final design, and near completion of right of way acquisition for the SR 1 78 Widening Project; o Completion of the draft environmental docum ent and the public circulation of the document for the Centennial Corridor € SR-58 Connector Proje ct; o Approval by Caltrans and the Federal Highwa y Administration, and subsequent implementation, of the early property acquisition p rogram for the Centennial Corridor € SR- 58 Connector Project as authorized by new federal legi slation passed in late 2012; o Completion of the environmental document an d initiation of the final design and right of way th acquisition phases for the 24 Street Improvements Project. Parsons was originally selected to manage the TRIP program based on their experience and qualifications, and staff continues to be pleased a nd satisfied with their performance. TRIP is a complicated, intricate program that involves coordi nation with, and often approval from, numerous local, state and federal agencies, many of which have processes that can be frustratingly slow. Staff has learned that maintai ning good communication and relationships with these various agencies is the best way to advance t he TRIP projects, and Parsons has competently represented the interests of the City i n these on-going communications. This Agreement is for a 32 month period that extend s until May, 2017. The agreement for these services was originally anticipated to have a durat ion of 36 months; but due to the lengthy Caltrans audit process, the current contract for th ese services was extended by the City Council for four additional months earlier this year to all ow for this review (which is now completed). This Agreement also contains several termination clauses so that it can be terminated at any time by the City due to non- performance, lack of funding, or even without any c ause with a 30 day notification. While much work has been completed to date under th e current contract with Parsons, much still remains to be completed and many potential challeng es lie ahead. Final design and right-of- way acquisition work is nearing completion on four proj ects that will be bidding and starting construction soon: o Beltway Operational Improvements o Westside Parkway Operational Improvements o Rosedale Highway Widening Project o State Route 178 Widening The environmental review process was recently compl eted on two projects which have moved forward into the final design and right-of- way acquisition phases: the Final EIR for the 24th Street Improvements Project was certified by the Ci ty Council in early 2014, and Caltrans signed the Final environmental documents for the Hageman R oad Flyover in May 2014. And the draft environmental document for the Centen nial Corridor project was completed and circulated to the public earlier this summer. Caltr ans held a public hearing in late June, and work on the final environmental document and preparation of responses to comments received on the draft document is underway. ATTACHMENTS: Description Type Agreement Agreement ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 CONSENT - Agreements s. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 8/20/2014 WARD: Ward 5 SUBJECT: Agreement with Bolthouse Properties, LLC, to exchan ge real property located on Bolthouse Drive west of Buena V ista Road for a domestic water well site. STAFF RECOMMENDATION: Staff recommends approval of agreement BACKGROUND: The City owns a 13,000 square foot parcel designate d for a future domestic water well site. Bolthouse Properties, LLC has requested the City re locate this site to a location approximately 800 feet to the west of its current location to hel p facilitate Bolthouse Properties development in the area. The City purchased the original water well site fro m Bolthouse Properties in July of 2010 for $182,000. The water well site will be relocated n ext to an existing City drainage basin which is advantageous for its construction and operations. Both properties are the same size and therefore there is no additional cost to the City f or the exchange. Bolthouse has agreed to pay all escrow fees associated with the exchange. ATTACHMENTS: Description Type Contract to Exchange Real Property Cover Memo ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 CONSENT - Agreements t. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 8/18/2014 WARD: Ward 6 SUBJECT: Agreement with William Ray McNew and Donna Ruth McN ew, Vicki Ravonne McNew and Sandra Gail Jackson ($166,000) to purchase real property at 8119 Stine Road for the Stine Road Wide ning Project. STAFF RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City of Bakersfield is widing Stine Road betwee n Hosking Avenue and Ryzona Avenue. The property being purchased is improved with two ( 2) single family residences comprising 1,148 and 876 square feet respectively. One is owner occ upied and the other is a rental. Both occupants will be relocated in accordance with the Uniform Relocation Act (URA). The purchase price is a product of negotiations based on an appr isal prepared by Merriman & Hurst. Planning staff has found the acquisition of propert ies for this project to be consistent with Metropolitan Bakersfield General Plan and made the appropriate CEQA findings. The funding for this project is coming from the Tra nsportation Development Fund. ATTACHMENTS: Description Type Purchase agreement Cover Memo ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 CONSENT - Agreements u. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 8/18/2014 WARD: Ward 2 SUBJECT: Agreement with Werner H. Epp, Trustee of the Epp Fa mily Trust ($113,000) to purchase real property at 411 Truxtun Avenue for the Amtrak Parking Lot Expansion Project. STAFF RECOMMENDATION: Staff recommends approval of agreement BACKGROUND: On March 19, 2014, the City Council approved the re ceipt of a Public Transportation Modernization, Improvement, and Service Enhancement Act grant in the amount of $2,700,000. The City received this grant through efforts of the Kern Council of Governments. The grant monies will be used to expand the existing Amtrak p arking lot. It is necessary for the City to acquire four properties to complete this project. On August 13, 2014, the Council adopted a Resolutio n of Necessity (RON) authorizing the filing of a lawsuit to acquire this property by eminent do main. After the RON was approved, staff successfully negotiated a purchase of the property without the need for eminent domain. The property proposed for acquisition is the third of the four properties needed for the project. The property is located at 411 Truxtun Avenue and c onsists of a 1,030 square foot office building with a detached 396 square foot garage and upstairs apartment. The purchase price of $113,000 is a product of negotiations based on an appraisal prepared by Merriman Hurst & Associates. The purchase price also includes relocation assista nce. The seller has opted to conduct a self - move in accordance with the Uniform Relocation Act (URA). Planning Division staff has found that the acquisit ion to be consistent with the Metropolitan Bakersfield 2010 General Plan and has made the nece ssary CEQA findings. ATTACHMENTS: Description Type Contract to Purchase Real Property Agreement ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 CONSENT v. TO: Honorable Mayor and City Council FROM: Eddie Chavez, IT Director DATE: 8/12/2014 WARD: SUBJECT: Amendment No. 9 to Agreement No. 97 - 283 with SunGard Public Sector, Inc. ($12,325), to configure and install th e Financials Imaging Interface. STAFF RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: SunGard Public Sector (SPS) developed many of the s oftware programs which the City runs on the AS/400 computer. These programs are all tied to gether to make up the City s Enterprise Resource Planning Suite. All of the Departments us e the suite of software in daily operations - from Finance and payroll to a work order system. One of the modules the City has not previously util ized was the Financials Imaging Interface. This module will allow the Finance Department to sc an backup documentation into the system to be associated with ledger items. This agreement is to purchase the licensing, configuration and installation of the interface. Currently all backup materials to ledger items are stored separately and must be manually searched for when needed. This will allow single m ouse click retrieval and better linkage between legacy paper copies of receipts and other b ackup materials, and the digital financial system. The cost of the upgrade is $12,325. This a mount is available in the Information Technology operating budget. ATTACHMENTS: Description Type Amendment 9 to Aggreement 97 - 283 Agreement 97 - 283( 9 ) AGREEMENT NO. AMENDMENT NO. 9 TO AGREEMENT NO. 97 - 283 S UNGARD PUBLIC SECTOR , INC. SOFTWARE LICENSE AGREEMENT is made and entered THIS AMENDMENT NO. 9 TO AGREEMENT NO. 97 - 283 into by and between a charter city and CITY OF BAKERSFIELD, municipal corporation (“CITY” herein) and SUNGARD PUBLIC SECTOR , INC. , formerly known as Sungard HTE, Inc., ( ” herein) a Florida corporation, “ SUNGARD with its principal place of business at 1000 Business Center Drive , Lake Mary, Florida 32746. SUNGARD developed much of the software CITY runs on its WHEREAS, AS/400 computer; and throughout the years , CITY has purchased various software from WHEREAS, SUNGARD ; and CITY desires to purchase two more modules of software for use WHEREAS, by all CITY departments – F inanc ials Imaging l nterface and the cost for this software licensing, training and customer WHEREAS, support/maintenance is a total of Twelve Thousand T hree Hundred Twenty Five Dollars ($ 12, 3 25 .00) ; and in subsequent years, the customer support/maintenance WHEREAS, charges for both pieces of software will be contained in the annual maintenance contract with SUNGARD. incorporating the foregoing recitals herein, the parties NOW, THEREFORE, agree as follows: 1. SUNGARD Contract Numbers BAKE 2014 4 980 dated J uly 30 , 2014, which is attached hereto is incorporated into Agreement No. 97 - 283 a n d all terms of Agreement No. 97 - 283 and amendments thereto app ly to the software. 2. All other terms and conditions of Agreement No. 97 - 283 and all amendments thereto are unchanged and remain in full force and effect. _________________________________________________ Amendment No. 9 to Agreement No. 97 - 283 Page 1 of 2 Pages the parties hereto have caused this Amendment IN WITNESS WHEREOF, No. 9 to Agreement No. 97 - 283 to be executed, the day and year first - above written. “CITY” “ SUNGARD ” CITY OF BAKERSFIELD SUNGARD PUBLIC SECTOR, INC. By: By: HARVEY L. HALL Mayor Print Name: _______________________ __ ________ Title: ___________________ ___ ________ APPROVED AS TO CONTENT: OFFICE OF THE CITY MANAGER By: ALAN TANDY City Manager APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JOSHUA H. RUDNICK Deputy City Attorney COUNTERSIGNED By: NELSON SMITH Finance Director JHR:dll Attachment s : Contract Number BAKE 20142 4 980 SunGard Quote _________________________________________________ Amendment No. 9 to Agreement No. 97 - 283 Page 2 of 2 Pages ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 CONSENT - Agreements w. TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: 8/25/2014 WARD: SUBJECT: Amendment No. 4 to Agreement No. 10 - 144 with Ennis Paint, Inc. ($150,000; revised not to exceed $648,221.31 and ex tend term one year), for the continued supply of traffic paint. STAFF RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On September 22, 2010, Council approved the annual contract for providing traffic paint to Ennis Paint, Inc., in the amount of $148,221.31; renewabl e annually thereafter for four (4) consecutive one- year periods. On August 27, 2011, Council approved amendment no. 1 extending the contract term one year and increasing compensation $50,000. On August 15, 2012, Council approved amendment no. 2 extending the contract ter m one year and increasing compensation $150,000. On July 17, 2014, Council approved amend ment no. 3 extending the contract term one year and increasing the compensation $150,000. Currently there is $14,000 available on this contra ct. Extending the contract expiration date and increasing the contract $150,000 will allow the Pub lic Works to continue with street markings program for the next twelve months. If approved, Amendment No. 4 will extend the contra ct term one year and add $150,000 for a revised not to exceed amount of $648,221.31. Funds are budgeted in General Services operating account within the General Fund. ATTACHMENTS: Description Type Contract Amendment #4 to Agmt 10 - 144 Agreement ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 Consent - Agreements x. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/19/2014 WARD: SUBJECT: Amendment No. 1 to Agreement No. 12 - 018 with State of California Department of Parks and Recreation, Office of Histo ric Preservation (no change in compensation and extend term of agreement ) for providing priority attention to Thomas Roads Improvement Prog ram projects. (TRIP) STAFF RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On January 11, 2012, the City entered into Agreemen t 12- 018 with the California Department of Parks and Recreation, Office of Historic Preservati on (OHP) to provide priority attention to Thomas Roads Improvement Program (TRIP) projects. The OHP is a state resource agency that reviews the cultural and historic studies and documentation pre pared for the environmental documents for the various TRIP projects, and they must concur with th e findings presented in the documents. Due to state budget constraints, OHP s ability to quickly respond to TRIP submittals is limited by their staff and resource availability. As a result, thei r review and processing can significantly delay the environmental clearance and ultimate delivery of th e TRIP projects. To expedite the processing of TRIP documents through the OHP, the City proposed t o provide short- term funding for an OHP staff position. This OHP staff member does not work dire ctly on TRIP project documents, but frees- up other OHP staff to be able to immediately begin wor king on these documents. This arrangement has resulted in accelerating the review and approva l of TRIP project documentation (when compared with customary processing timelines through the OHP ), which has ultimately had the effect of expediting TRIP project construction and completion . Agreement No. 12 - 018 has a termination date of September 30, 2014. This proposed Amendment will extend that termination date to September 30, 2015. No additional funds or scope are being added to this Agreement with this Amendment. ATTACHMENTS: Description Type Amendment Agreement ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 Consent - Agreements y. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 7/21/2014 WARD: Ward 3 SUBJECT: Mohawk Street Improvements: Rosedale Hwy to Siena L n 1. Amendment No. 1 to Agreement No. 13- 136 with Paramount Petroleum Corporation ($478,358.58; revised not to exceed $1,084,358.58; City to reimburse Paramount Petroleu m Corporation) for the relocation of petroleum transmission facilities , fiber optics, gas recovery, and water injection lines. 2. Appropriate $400,000 Transportation Development Fund balance (Developer share of project cost) to the Public Wor ks Department s Capital Improvement budget. STAFF RECOMMENDATION: Staff recommends approval of amendment and appropri ation. BACKGROUND: In order for the City to construct Mohawk Street fr om Rosedale Highway to Siena Lane, Paramount Petroleum Corporation had to relocate the ir petroleum transmission facilities, fiber optics, gas recovery, and water injection lines. Th ese existing facilities are located in a private easement. Because of Paramount Petroleum Corporatio n s prior rights, the City must pay for the relocation costs. Paramount Petroleum Corporation has completed the r elocation of their facilities. Preliminary relocation costs, projected at $606,000, were based on record information and the City s preliminary plans. Once construction commenced, it was found that the petroleum pipelines would have to be placed at a greater depth than ori ginally estimated for safety reasons. The additional cost to relocate the pipelines to a grea ter depth is $478,358.58. This additional cost was due to hydrostatic pressure pipe testing and th e construction of a reinforced concrete slab over the pipes. Additionally, the contractor s cost has escalated because of the requirement to pay prevailing wage rates, which were not anticipat ed by Paramount Petroleum Corporation. Prevailing wage rates were required because a $1 mi llion state grant was awarded to this project. Upon approval of this proposed amendment, the revised not to exceed contract amount will be $1,084,358.58. Attached to this Administrative Report is a letter from Paramount Petroleum which provides further information regarding this proposed amendme nt. Staff also recommends the appropriation of an addit ional $400,000 of developer contribution. When the contract was awarded for construction of t he Mohawk Street improvements from Rosedale Highway to Siena Lane, staff noted that an additional $400,000 of developer contribution from World Oil was anticipated to be r eceived in the future. Thus, this additional $400,000 was not appropriated at that time since th e City had not yet received the funds. The intent was to appropriate these funds with the prop osed amendment. The $400,000 developer share of project cost was received in the prior fis cal year. Therefore, the $400,000 is now included in ending fund balance for the Transportat ion Development Fund. With the appropriation of the $400,000, sufficient funds will be available for this amendment. This phase of the Mohawk Street Improvements proje ct was funded with a combination of traffic impact fees, state grant funding, and developer sha re of project costs. Therefore, there is no General Fund impact associated with this project. ATTACHMENTS: Description Type Amendment No. 1 and Paramount Plans Agreement Letter Explaining Cost Over - runs Backup Material ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 CONSENT - Agreements z. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/20/2014 WARD: Ward 2 SUBJECT: Contract Change Order No. 1 to Agreement No. 14- 073 with Zim's Integrated Mechanical Services, Inc. ($13,384.68; r evised not to exceed $659,701.68), for the Project known as HVAC Replace ment/Upgrade: Community Development Building. STAFF RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: The project to remove and replace the existing HVAC system at the Community Development building was awarded at the May 7, 2014, Council me eting. As background, the current HVAC unit had several operational problems. The existing unit was deteriorated and repairs to the unit were no longer effective. The unit was origin al to the building and had been in service since the mid-1960 s. Therefore, staff recommended a major refurbishme nt of the existing unit, which would be accomplished by salvaging and reusing viab le components and integrating new components when necessary. Generally, this project included: Removing and salvaging the two existing air conditi oning compressors, the electric motor l for the compressors, and the electrical switch gear for the motor; Removing and disposing of the other existing HVAC c omponents; l Supplying and installing all of the new equipment, valves, piping, tubing, controls as stated l on the plans; Furnishing and installing a control system; and l Calibrating and testing the new system l During the course of the project, it was found that the pipe routing locations specified on the project plans would not accommodate the new pip ing to be installed with this project. This required that the architect revise the chilled wate r pipe routing from the basement mechanical room to the roof of the Community Development build ing. This requires additional piping beyond that which was originally called for in the project plans. Additionally, it was discovered that several portions of the existing water supply pipin g for the HVAC system were severely corroded and in need of replacement. The Contractor has agre ed to reroute the chilled water piping and replace the corroded water supply piping for a tota l cost of $13,384.68. This is the first change order to be submitted for this project. This change order will increase the project total by $13,384.68 (which results in a 2.1 % increase of the original contract amount) as illustrated below: Original Contract Amount = $646,317.00 Amended Contract Agreement after Change = $659,701.68 Orders Net Increase to date = $ 13,384.68 Sufficient funds are budgeted to fund this Change O rder. Capital Outlay Funds provide the funding source for this project. ATTACHMENTS: Description Type HVAC CCO No. 1 Agreement ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 Consent - Agreements aa. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/22/2014 WARD: Ward 3 SUBJECT: Contract Change Order No. 22 to Agreement No. 13- 118 with Granite Construction ($33,525.00); revised not to exceed $2 5,874,447.49; change order funded with previously appropriated project c ontingency funds - Federal Earmark Funds (88.53%) and Capital Outlay U tility/Roads Fund (11.47%) for the State Route 178 and Morning Drive Interchange Project. (TRIP) STAFF RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project consists, in general, of construction of a freeway interchange on State Route 178 (SR- 178) at Morning Drive and the extension of the SR- 178 freeway for one and a half miles, from just east of the Fairfax Road overcrossing to Canteria D rive/Bedford Green Drive. Change Order No. 22 provides for the drilling of 8- inch diameter holes through concrete k- rail being used for traffic control, and worker and traveling public protection during construction of the projec t. These holes are being drilled to enable kit foxes, an endangered species, to pass through the continuous lines of k-rail that are currently being used on the project. th Sometime during the weekend of June 28 , a kit fox was struck by a car and killed within t he construction limits for the project. Initially, Cal trans Environmental staff informed the City that si nce the death did not occur during construction hours a nd that since the kit fox was stuck by the public (and not contractor equipment), nothing would need to be done within the project limits to address the kit fox vehicle strike. However, on July 14th, Caltrans Environmental staff informed the City that the United States Fish and Wildlife Service (USFWS) believed the kit fox was struck because the k- rail, used to protect the traveling public, became a barrier and the kit fox could not avoid being hit by the vehicle. Caltrans said that USFWS was reques ting openings in the k- rail at intervals recommended and approved by them. The City asked Caltrans to work with USFWS to provi de the City with clear direction as to what remediation was needed to resolve this issue. Many weeks of internal discussion within the various divisions of Caltrans involved with thi s issue (Environmental, Design, Construction, Project Management, etc.) and the USFWS occurred. After many differing proposals were th discussed, the City received concurrence and approv al on August 18 , 2014 from Caltrans Headquarters Traffic Section and their crash testin g unit that the 8-inch holes, drilled through the k - rail, would be acceptable. The Caltrans Environmen tal Section and the USFWS then required that the openings (drilled holes) be no further than 150 feet apart. It has been implied to City staff that the project construction could be shut- down by Caltrans and/or USFWS along with additional fines and restrictions if another kit fox were to be struck by a car prior to the installation of the holes. Therefore, due to the time taken to resolve this issue and the concern for the consequences if another kit fox got struck, the City directed the contractor to perform this work immediately following Caltrans ap proval of the Change Order. This change order results in a net increase of $33,525.00. The net cost increase of Change Order No. 22 is $33 ,525.00. This provides a total cost increase for the project to date of $422,395.99 which is a 1.66% increase as illustrated below: Current Contract Amount = $ 25,452,051.50 Previous Change Orders = $ 388,870.99 Current Change Order No. 22 = $ 33,525.00 Amended Contract Agreement after CCOs = $ 25,874,447.49 Net Increase to date = $ 422,395.99 Adequate local/federal funds have been previously b udgeted to cover these additional costs. ATTACHMENTS: Description Type CCO #22 Agreement ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 CONSENT - Property Acquisition Agreements - TRIP ab. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 8/8/2014 WARD: Ward 2 SUBJECT: Agreement with Charles and Linda Moore ($268,000) t o purchase real property located at 4404 Hillsborough Drive, for th e Centennial Corridor Project. STAFF RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the Thomas Road Improvement Program (TRI P), the City of Bakersfield is acquiring properties to construct the Centennial Corridor Pro ject. The Centennial Corridor will connect the existing State Route 58 at South Real Road and Stat e Route 99 to the Westside Parkway north of Truxtun Avenue. The property being purchased co nsists of a single family residence. The purchase price of $268,000 is the property s fair market value as established by an appraisal prepared by Dallis Higdon and Associates, an indepe ndent appraisal company. In addition to the purchase price the City will be paying for relocation assistance in accordance with the Uniform Relocation Assistance and Real Pro perty Acquisition Policies Act of 1970 (Uniform Act). The Uniform Act provides important protections and assistance for people affected by Federally funded projects. All parties displaced by the TRIP projects will be provided all applicable relocation benefits pursuant to the requirements set forth in the Uniform Act. These benefits may include a purchase price differential payment, a mortgage differential payment, and the actual, reasonable and necessary costs to reloc ate their personal and/or business property. Every property is unique and the benefits will refl ect their individual circumstances. A Phase I Environmental Site Assessment report has been prepared encompassing all properties required for the widening project during the State required Environmental Document process. The Planning Division completed a General Plan Review (65402) and found this acquisition consistent with the Metropolitan Bakers field 2010 General Plan. Funding for this purchase is budgeted in the Centen nial Corridor Federal Transportation Fund and is part of the $165 million authorized by CalTr ans and appropriated by the City Council on March 5, 2014 for right of way acquisitions. Purch ases under the early acquisition program were approved by CalTrans at 100% federal funding with n o local match requirement for this phase of the project. This concept is termed by CalTrans as €toll credits. The term €toll credit is a little confusing, because it does not refer to a toll that might be paid for crossing a bridge. It refers to an alternate definition of the word that means €to lead or attract to a desired point. Offering of toll credits allows the City to accelerate the spen ding of Federal dollars sooner and gets the project further along with less need of local dolla rs. As a result, the future construction phase of the Centennial project will carry a higher local ma tch percentage than it would have without the toll credits being approved. The end result is tha t we will still spend the same amount of Federal and local dollars to project completion as we would have without toll credits, but using toll credits allows us to spend the Federal money first and the local dollars later. The Centennial Corridor Project has 199 single fami ly residential properties. This is the 26th of the 199 single family residential properties to be acquired. Information on the progress of the right of way pha se of each TRIP project and the costs associated therewith will be contained in quarterly report currently under development. ATTACHMENTS: Description Type Purchase Agreement Agreement ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 CONSENT - Property Acquisition Agreements - TRIP ac. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 8/12/2014 WARD: Ward 2 SUBJECT: Agreement with Takvor and Bonnie R. Takvorian, co - trustees of the Takvorian Family Trust ($272,000) to purchase real property located at 4212 Hillsborough Drive, for the Centennial Corrido r Project. STAFF RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the Thomas Road Improvement Program (TRI P), the City of Bakersfield is acquiring properties to construct the Centennial Corridor Pro ject. The Centennial Corridor will connect the existing S tate Route 58 at South Real Road and State Route 99 to the Westside Parkway north of Truxtun A venue. The property being purchased consists of a single family residence. The purchase price of $272,000 is the property s fair market value as established by an appraisal prepared by Da llis Higdon and Associates, an independent appraisal company. In addition to the purchase price the City will be paying for relocation assistance in accordance with the Uniform Relocation Assistance and Real Pro perty Acquisition Policies Act of 1970 (Uniform Act). The Uniform Act provides important protections and assistance for people affected by Federally funded projects. All parties displaced by the TRIP projects will be provided all applicable relocation benefits pursuant to the requirements se t forth in the Uniform Act. These benefits may include a purchase price differe ntial payment, a mortgage differential payment, and the actual, reasonable and necessary c osts to relocate their personal and/or business property. Every property is unique and the benefits will refl ect their individual circumstances. A Phase I Environmental Site Assessment report has been prepa red encompassing all properties required for the widening project during the State required Environmental Document process. The Planning Division completed a General Plan Revi ew (65402) and found this acquisition consistent with the Metropolitan Bakersfield 2010 G eneral Plan. Funding for this purchase is budgeted in the Centennial Corridor Federal Transpo rtation Fund and is part of the $165 million authorized by CalTrans and appropriated by the City Council on March 5, 2014 for right of way acquisitions. Purchases under the early acquisition program were approved by CalTrans at 100% federal funding with no local match requirement for this ph ase of the project. This concept is termed by CalTrans as €toll credits. The term €toll credit is a little confusing, because it does not refer to a toll that might be paid for crossing a bridge. It refers to an alternate definition of the word th at means €to lead or attract to a desired point . Offering of toll credits allows the City to acceler ate the spending of Federal dollars sooner and gets the project further along with less need of lo cal dollars. As a result, the future construction phase of the C entennial project will carry a higher local match percentage than it would have without the toll cred its being approved. The end result is that we will still spend the same amount of Federal and loc al dollars to project completion as we would have without toll credits, but using toll credits a llows us to spend the Federal money first and the local dollars later. The Centennial Corridor Project has 199 single fami ly residential properties. This is the 27th of the 199 single family residential properties to be acquired. Information on the progress of the right of way pha se of each TRIP project and the costs associated therewith will be contained in quarterly report currently under development. ATTACHMENTS: Description Type Purchase Agreement Agreement ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 CONSENT - Property Acquisition Agreements - TRIP ad. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 8/13/2014 WARD: Ward 2 SUBJECT: Agreement with Charles Edwin Files, Trustee of the Charles Edwin Files Living Trust ($140,500) to purchase real property l ocated at 18 Dunlap Street, for the Centennial Corridor Project. STAFF RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the Thomas Road Improvement Program (TRI P), the City of Bakersfield is acquiring properties to construct the Centennial Corridor Pro ject. The Centennial Corridor will connect the existing S tate Route 58 at South Real Road and State Route 99 to the Westside Parkway north of Truxtun A venue. The property being purchased consists of a single family residence. The purchase price of $140,500 is the property s fair market value as established by an appraisal prepared by Af filiated Appraisers, an independent appraisal company. In addition to the purchase price the City will be paying for relocation assistance in accordance with the Uniform Relocation Assistance and Real Pro perty Acquisition Policies Act of 1970 (Uniform Act). The Uniform Act provides important protections and assistance for people affected by Federally funded projects. All parties displaced by the TRIP projects will be provided all applicable relocation benefits pursuant to the requirements se t forth in the Uniform Act. These benefits may include a purchase price differe ntial payment, a mortgage differential payment, and the actual, reasonable and necessary c osts to relocate their personal and/or business property. Every property is unique and the benefits will refl ect their individual circumstances. A Phase I Environmental Site Assessment report has been prepa red encompassing all properties required for the widening project during the State required Environmental Document process. The Planning Division completed a General Plan Revi ew (65402) and found this acquisition consistent with the Metropolitan Bakersfield 2010 G eneral Plan. Funding for this purchase is budgeted in the Centennial Corridor Federal Transpo rtation Fund and is part of the $165 million authorized by CalTrans and appropriated by the City Council on March 5, 2014 for right of way acquisitions. Purchases under the early acquisition program were approved by CalTrans at 100% federal funding with no local match requirement for this ph ase of the project. This concept is termed by CalTrans as €toll credits . The term €toll credit is a little confusing, because it does not refer to a toll that might be p aid for crossing a bridge. It refers to an alterna te definition of the word that means €to lead or attra ct to a desired point. Offering of toll credits allows the City to acceler ate the spending of Federal dollars sooner and gets the project further along with less need of lo cal dollars. As a result, the future construction phase of the Centennial project will carry a higher local match percentage than it would have without the toll credits being approved. The end result is that we will still spend the same amount of Federal and local dollars to project completion as we would have without toll credits, b ut using toll credits allows us to spend the Federal money first and the local dollars later. The Centennial Corridor Project has 199 single fami ly residential properties. This is the 28th of the 199 single family residential properties to be acquired. Information on the progress of the right of way pha se of each TRIP project and the costs associated therewith will be contained in quarterly report currently under development. ATTACHMENTS: Description Type Purchase Agreement Cover Memo ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 CONSENT - Property Acquisition Agreements - TRIP ae. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 8/18/2014 WARD: Ward 2 SUBJECT: Agreement with Gary and Wendi Krause ($122,000) to purchase real property located at 7 Morrison Street, for the Cent ennial Corridor Project. STAFF RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the Thomas Road Improvement Program (TRI P), the City of Bakersfield is acquiring properties to construct the Centennial Corridor Pro ject. The Centennial Corridor will connect the existing State Route 58 at South Real Road and Stat e Route 99 to the Westside Parkway north of Truxtun Avenue. The property being purchased co nsists of a single family residence. The purchase price of $122,000 is the property s fair market value as established by an appraisal prepared by Dallis Higdon & Associates, an independ ent appraisal company. In addition to the purchase price the City will be paying for relocation assistance in accordance with the Uniform Relocation Assistance and Real Pro perty Acquisition Policies Act of 1970 (Uniform Act). The Uniform Act provides important protections and assistance for people affected by Federally funded projects. All parties displaced by the TRIP projects will be provided all applicable relocation benefits pursuant to the requirements set forth in the Uniform Act. These benefits may include a purchase price differential payment, a mortgage differential payment, and the actual, reasonable and necessary costs to reloc ate their personal and/or business property. Every property is unique and the benefits will refl ect their individual circumstances. A Phase I Environmental Site Assessment report has been prepared encompassing all properties required for the widening project during the State required Environmental Document process. The Planning Division completed a General Plan Review (65402) and found this acquisition consistent with the Metropolitan Bakers field 2010 General Plan. Funding for this purchase is budgeted in the Centen nial Corridor Federal Transportation Fund and is part of the $165 million authorized by CalTr ans and appropriated by the City Council on March 5, 2014 for right of way acquisitions. Purch ases under the early acquisition program were approved by CalTrans at 100% federal funding with n o local match requirement for this phase of the project. This concept is termed by CalTrans as €toll credits. The term €toll credit is a little confusing, because it does not refer to a toll that might be paid for crossing a bridge. It refers to an alternate definition of the word that means €to lead or attract to a desired point. Offering of toll credits allows the City to accelerate the spen ding of Federal dollars sooner and gets the project further along with less need of local dolla rs. As a result, the future construction phase of the Centennial project will carry a higher local ma tch percentage than it would have without the toll credits being approved. The end result is tha t we will still spend the same amount of Federal and local dollars to project completion as we would have without toll credits, but using toll credits allows us to spend the Federal money first and the local dollars later. The Centennial Corridor Project has 199 single fami ly residential properties. This is the 29th of the 199 single family residential properties to be acquired. Information on the progress of the right of way pha se of each TRIP project and the costs associated therewith will be contained in quarterly report currently under development. ATTACHMENTS: Description Type Purchase Agreement Cover Memo ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 CONSENT - Property Acquisition Agreements - TRIP af. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 8/20/2014 WARD: Ward 2 SUBJECT: Agreement with David Oak Henthorne, Trustee of the David O. Henthorne Family Intervivos Revocable Trust ($239,0 00)to purchase real property located at 4404 Kentfield Drive for t he Centennial Corridor Project. STAFF RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the Thomas Road Improvement Program (TRI P), the City of Bakersfield is acquiring properties to construct the Centennial Corridor Pro ject. The Centennial Corridor will connect the existing State Route 58 at South Real Road and Stat e Route 99 to the Westside Parkway north of Truxtun Avenue. The property being purchased co nsists of a single family residence. The purchase price of $239,000 is the property s fair market value as established by an appraisal prepared by Dallis Higdon & Associates, an independ ent appraisal company. In addition to the purchase price the City will be paying for relocation assistance in accordance with the Uniform Relocation Assistance and Real Pro perty Acquisition Policies Act of 1970 (Uniform Act). The Uniform Act provides important protections and assistance for people affected by Federally funded projects. All parties displaced by the TRIP projects will be provided all applicable relocation benefits pursuant to the requirements set forth in the Uniform Act. These benefits may include a purchase price differential payment, a mortgage differential payment, and the actual, reasonable and necessary costs to reloc ate their personal and/or business property. Every property is unique and the benefits will refl ect their individual circumstances. A Phase I Environmental Site Assessment report has been prepared encompassing all properties required for the widening project during the State required Environmental Document process. The Planning Division completed a General Plan Review (65402) and found this acquisition consistent with the Metropolitan Bakers field 2010 General Plan. Funding for this purchase is budgeted in the Centen nial Corridor Federal Transportation Fund and is part of the $165 million authorized by CalTr ans and appropriated by the City Council on March 5, 2014 for right of way acquisitions. Purch ases under the early acquisition program were approved by CalTrans at 100% federal funding with n o local match requirement for this phase of the project. This concept is termed by CalTrans as €toll credits. The term €toll credit is a little confusing, because it does not refer to a toll that might be paid for crossing a bridge. It refers to an alternate definition of the word that means €to lead or attract to a desired point. Offering of toll credits allows the City to accelerate the spen ding of Federal dollars sooner and gets the project further along with less need of local dolla rs. As a result, the future construction phase of the Centennial project will carry a higher local ma tch percentage than it would have without the toll credits being approved. The end result is tha t we will still spend the same amount of Federal and local dollars to project completion as we would have without toll credits, but using toll credits allows us to spend the Federal money first and the local dollars later. The Centennial Corridor Project has 199 single fami ly residential properties. This is the 30th of the 199 single family residential properties to be acquired. Information on the progress of the right of way pha se of each TRIP project and the costs associated therewith will be contained in quarterly report currently under development. ATTACHMENTS: Description Type Purchase Agreement Agreement ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 CONSENT - Property Acquisition Agreements - TRIP ag. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 8/18/2014 WARD: Ward 2 SUBJECT: Agreement with Steven and Sandra Gamboa ($237,000) to purchase th real property located at 2400 Cedar Street, for the 24 Street Widening Project. STAFF RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the Thomas Road Improvement Program (TRI P), the City of Bakersfield is acquiring th properties to widen 24 Street. The project will construct an additional t ravel lane in each direction, and curb, gutter, sidewalks and addition al landscaping along the residential portion of the project. th Property acquisition for the required right of way to construct the 24 Street widening project is part of the TRIP program and is included in the gra nt funding for this project. The City will be responsible for approximately 11.47% of the project cost, including right of way, and will be reimbursed the remaining 88.53% by the State and Fe deral Highway Administration. All parties displaced by the TRIP projects will be provided all applicable relocation benefits pursuant to the requirements set forth in the Unifo rm Act. These benefits may include a purchase price differential payment, a mortgage dif ferential payment, and the actual, reasonable and necessary costs to relocate their personal and/ or business property. Every property is unique and the benefits will reflect their individu al circumstances. The property being purchased is a single family res idence comprising 1,817 square feet that was constructed in 1953. The purchase price of $237,000 is the property s fair market value as established by an appraisal prepared by Affiliated Appraisers, an independent appraisal company and negotiations with the owner. In addition to th e purchase price, the City will be paying for relocation assistance in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). The Uniform Act provides important protections and assistance for people affected by f ederally funded projects. A Phase I Environmental Site Assessment report has been prepared encompassing all properties required for the widening project during the State required Environmental Document process. The Planning Division completed a General Plan Review (65402) and found this acquisition consistent with the Metropolitan Bakers field 2010 General Plan. th The 24 Street Project has 23 residential properties and a pproximately 30 partial acquisitions. The exact number of partial acquisitions will be de termined when the design has been completed. This is the eighth of the 23 residentia l properties to be acquired. Information on the progress of the right of way pha se of each TRIP project and the costs associated therewith will be contained in quarterly report currently under development. ATTACHMENTS: Description Type Purchase Agreement Agreement ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 CONSENT - Property Acquisition Agreements - TRIP ah. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 8/29/2014 WARD: Ward 2 SUBJECT: Agreement with Perla Maria Alvarez ($137,000) to pu rchase real property located at 105 Morrison Street for the Cen tennial Corridor Project. STAFF RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the Thomas Road Improvement Program (TRI P), the City of Bakersfield is acquiring properties to construct the Centennial Corridor Pro ject. The Centennial Corridor will connect the existing State Route 58 at South Real Road and Stat e Route 99 to the Westside Parkway north of Truxtun Avenue. The property being purchased co nsists of a single family residence. The purchase price of $137,000 is the propertys fair m arket value as established by an appraisal prepared by Dallis Higdon & Associates, an independ ent appraisal company. In addition to the purchase price the City will be paying for relocation assistance in accordance with the Uniform Relocation Assistance and Real Pro perty Acquisition Policies Act of 1970 (Uniform Act). The Uniform Act provides important protections and assistance for people affected by Federally funded projects. All parties displaced by the TRIP projects will be provided all applicable relocation benefits pursuant to the requirements set forth in the Uniform Act. These benefits may include a purchase price differential payment, a mortgage differential payment, and the actual, reasonable and necessary costs to reloc ate their personal and/or business property. Every property is unique and the benefits will refl ect their individual circumstances. A Phase I Environmental Site Assessment report has been prepared encompassing all properties required for the widening project during the State required Environmental Document process. The Planning Division completed a General Plan Review (65402) and found this acquisition consistent with the Metropolitan Bakers field 2010 General Plan. Funding for this purchase is budgeted in the Centen nial Corridor Federal Transportation Fund and is part of the $165 million authorized by CalTr ans and appropriated by the City Council on March 5, 2014 for right of way acquisitions. Purch ases under the early acquisition program were approved by CalTrans at 100% federal funding with n o local match requirement for this phase of the project. This concept is termed by CalTrans as €toll credits. The term €toll credit is a littl e confusing, because it does not refer to a toll that might be paid for crossing a bridge. It refers to an alternate definition of the word that means €to lead or attract to a desired point. Offering of toll credits allows the City to accelerate the spen ding of Federal dollars sooner and gets the project further along with less need of local dolla rs. As a result, the future construction phase of the Centennial project will carry a higher local ma tch percentage than it would have without the toll credits being approved. The end result is tha t we will still spend the same amount of Federal and local dollars to project completion as we would have without toll credits, but using toll credits allows us to spend the Federal money first and the local dollars later. The Centennial Corridor Project has 199 single fami ly residential properties. This is the 31st of the 199 single family residential properties to be acquired. Information on the progress of the right of way pha se of each TRIP project and the costs associated therewith will be contained in quarterly report currently under development. ATTACHMENTS: Description Type Purchase Agreement Cover Memo ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 CONSENT - Property Acquisition Agreements - TRIP ai. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 8/29/2014 WARD: Ward 2 SUBJECT: Agreement with the Heirs or Devisees of Emress Jung , deceased, their interest being subject to the administration of the Estate of said Decedent in Kern County ($150,000) to purchase real property located at 209 Williamson Way for the Centennial Corridor P roject. STAFF RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the Thomas Road Improvement Program (TRI P), the City of Bakersfield is acquiring properties to construct the Centennial Corridor Pro ject. The Centennial Corridor will connect the existing State Route 58 at South Real Road and Stat e Route 99 to the Westside Parkway north of Truxtun Avenue. The property being purchased co nsists of a single family residence. The purchase price of $150,000 is the property s fair market value as established by an appraisal prepared by Dallis Higdon & Associates, an independ ent appraisal company. In addition to the purchase price the City will be paying for relocation assistance in accordance with the Uniform Relocation Assistance and Real Pro perty Acquisition Policies Act of 1970 (Uniform Act). The Uniform Act provides important protections and assistance for people affected by Federally funded projects. All parties displaced by the TRIP projects will be provided all applicable relocation benefits pursuant to the requirements set forth in the Uniform Act. These benefits may include a purchase price differential payment, a mortgage differential payment, and the actual, reasonable and necessary costs to reloc ate their personal and/or business property. Every property is unique and the benefits will refl ect their individual circumstances. A Phase I Environmental Site Assessment report has been prepared encompassing all properties required for the widening project during the State required Environmental Document process. The Planning Division completed a General Plan Review (65402) and found this acquisition consistent with the Metropolitan Bakers field 2010 General Plan. Funding for this purchase is budgeted in the Centen nial Corridor Federal Transportation Fund and is part of the $165 million authorized by CalTr ans and appropriated by the City Council on March 5, 2014 for right of way acquisitions. Purch ases under the early acquisition program were approved by CalTrans at 100% federal funding with n o local match requirement for this phase of the project. This concept is termed by CalTrans as €toll credits. The term €toll credit is a little confusing, because it does not refer to a toll that might be paid for crossing a bridge. It refers to an alternate definition of the word that means €to lead or attract to a desired point. Offering of toll credits allows the City to accelerate the spen ding of Federal dollars sooner and gets the project further along with less need of local dolla rs. As a result, the future construction phase of the Centennial project will carry a higher local ma tch percentage than it would have without the toll credits being approved. The end result is tha t we will still spend the same amount of Federal and local dollars to project completion as we would have without toll credits, but using toll credits allows us to spend the Federal money first and the local dollars later. The Centennial Corridor Project has 199 single fami ly residential properties. This is the 32nd of the 199 single family residential properties to be acquired. Information on the progress of the right of way pha se of each TRIP project and the costs associated therewith will be contained in quarterly report currently under development. ATTACHMENTS: Description Type Purchase Agreement Cover Memo ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 CONSENT - Property Acquisition Agreements - TRIP aj. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 8/29/2014 WARD: Ward 2 SUBJECT: Agreement with Clarence and Cathy Butler ($271,000) to purchase real th property located at 2201 24th Street for the 24 Street Widening Project. STAFF RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the Thomas Road Improvement Program (TRI P), the City of Bakersfield is acquiring th properties to widen 24 Street. The project will construct an additional t ravel lane in each direction, and curb, gutter, sidewalks and addition al landscaping along the residential portion of the project. th Property acquisition for the required right of way to construct the 24 Street widening project is part of the TRIP program and is included in the gra nt funding for this project. The City will be responsible for approximately 11.47% of the project cost, including right of way, and will be reimbursed the remaining 88.53% by the State and Fe deral Highway Administration. All parties displaced by the TRIP projects will be provided all applicable relocation benefits pursuant to the requirements set forth in the Unifo rm Act. These benefits may include a purchase price differential payment, a mortgage dif ferential payment, and the actual, reasonable and necessary costs to relocate their personal and/ or business property. Every property is unique and the benefits will reflect their individu al circumstances. The property being purchased is a residential tripl ex comprising 2,482 square feet that was constructed in 1977. The purchase price of $271,000 is product of negotiations based on an appraisal prepared by Dallis Higdon & Associates, a n independent appraisal company . In addition to the purchase price, the City will be pa ying for relocation assistance in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). The Uniform Act provides important protectio ns and assistance for people affected by federally funded projects. A Phase I Environmental Site Assessment report has been prepared encompassing all properties required for the widening project during the State required Environmental Document process. The Planning Division completed a General Plan Review (65402) and found this acquisition consistent with the Metropolitan Bakers field 2010 General Plan. th The 24 Street Project has 23 residential properties and a pproximately 30 partial acquisitions. The exact number of partial acquisitions will be de termined when the design has been completed. This is the 9th of the 23 residential p roperties to be acquired. Information on the progress of the right of way pha se of each TRIP project and the costs associated therewith will be contained in quarterly report currently under development. ATTACHMENTS: Description Type Purchase Agreement Cover Memo ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 CONSENT - Bids ak. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 8/26/2014 WARD: Ward 2 SUBJECT: Accept bid from Entertainment Lighting Services ($4 2,569.40) for the purchase of arena lighting effects replacement at t he Rabobank Arena. STAFF RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Bids were solicited for arena lighting effects repl acement equipment for the Rabobank Arena. Five (5) bids were received in response to solicita tion. The existing moving lights in the arena no longer f unction and have been removed from service. This replacement equipment will add a higher degree of professionalism to live events and the technology will be consistent with other venues wit hin the entertainment industry. Funds are budgeted in the Capital Outlay Fund for t his project. The five (5) bids received are as follows: Bidder Amount Entertainment Lighting Services $42,579.40 Sun Valley, CA 4Wall Los Angeles, Inc. $47,5 52.63 Los Angeles, CA Barbizon Light $48,369.63 Denver, CO Innovative Concert Lighting, Inc. $54,233. 75 Bakersfield, CA Musson Theatrical $5 7,947.88 Santa Clara, CA Staff finds the low bid submitted by Entertainment Lighting Services, Sun Valley, CA to be acceptable. ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 CONSENT - Bids al. TO: Honorable Mayor and City Council FROM: Nelson Smith - Finance Director DATE: 8/25/2014 WARD: Ward 2 SUBJECT: Award bid to Enders and Associates Inc. ($54,190.59 ), for the purchase of video router upgrade components for the Rabobank Arena. STAFF RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Bids were solicited for video router upgrade compon ents for the Rabobank Arena. One bid in the amount of $54,190.59 was received from Enders and A ssociates, Incorporated, West Hills, California. The current router at the Rabobank Arena is failing and is no longer supported by the manufacturer. This upgrade will ensure professiona l video production capabilities for Condors and CSUB games as well as other live events at the Rabobank Arena. Funds are budgeted in the Capital Outlay Fund for t his project. Staff concluded only one bid was received due to the specialized nature of these pro ducts. Staff finds the bid submitted by Enders and Associa tes, Incorporated, in the amount of $54,190.59 to be acceptable. ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 CONSENT - Bids am. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/18/2014 WARD: Ward(s) 6, 7 SUBJECT: State Route (SR)-99 and Hosking Avenue Interchange (TRIP): 1. Accept bid and award contract to Granite Cons truction Company, Inc. ($20,771,397.00; 100.0% locally funded) to co nstruct the Project. 2. Consultant Agreement with Parsons Brinckerhof f (not to exceed $1,978,449.00; 100.0% locally funded) for construct ion management services. 3. Appropriate and transfer $2.7 million Transpo rtation Development Fund Balance to the Transportation Development TRIP Local Match Fund for Construction Management and Contingencies on the Hosking Road Interchange Project. STAFF RECOMMENDATION: Staff recommends acceptance of bid, award of constr uction contract, and approval of agreement, appropriation, and transfer. BACKGROUND: The Hosking Avenue Interchange Project work include s the demolition of the existing overcrossing bridge and the construction of a new s ix- lane overcrossing bridge structure over SR 99 at Hosking Avenue, a retaining wall, new auxilia ry lanes along SR99 with ramps to and from Hosking Avenue, and installation of new irrigation systems and highway landscaping. On August 27, 2014, a total of four bids were recei ved; all of which are acceptable. Those bids are as follows: COMPANY BID AMOUNT Granite Construction Company $20,771,397.00 3005 James Road Bakersfield, CA 93308 Security Paving Company, Inc. $21,974,503.40 9050 Norris Avenue Sun Valley, California 91352 Griffith Company $22,780,474.82 1128 Carrier Parkway Bakersfield, California 93307 OHL-USA $22,950,175.00 1920 Main Street, Suite 310 Irvine, California 92614 Staff recommends awarding the construction contract to Granite Construction Company, Inc. in the amount of $20,771,397. This Project is being fu nded with local funds. A section of Hosking Avenue/McCutcheon Road west of the interchange project does not currently exist. In anticipation of future demand, the extension of this section is necessary to provide a continuous improved roadway between the f uture interchange and the State Farm Sports Village. This section of roadway was not in cluded as part of the original project scope; however, sufficient funds are available within the interchange project's contingency to allow for these improvements. This area will be improved sepa rately by City street crews simultaneous to the construction of the interchange project by Gran ite Construction Company. Public Works TRIP staff also issued a Request for Q ualifications/Request for Proposals th (RFQ/RFP) for construction management services for the 24 Street Improvements, SR- 99/Hosking Avenue Interchange, Beltway Operational Improvements, SR- 178 Widening, and the Westside Parkway Operational Improvements Projects. The following seven firms responded to this RFP: Caltrop (Fresno, CA) Hill International (Ontario, CA) Mendoza and Associates (Fresno, CA) MNS Engineering (Santa Barbara, CA) Nolte and Associates (Bakersfield, CA) Parsons Brinkerhoff (Sacramento, CA) Prescience Corp. (Santa Ana, CA) Based on a review of their proposals, the selection committee invited the following firms to interview with the committee: Mendoza and Associate s, Nolte and Associates, and Parsons Brinkerhoff. Based on the rankings of the proposals and the inte rviews, Parsons Brinckerhoff (PB) was selected as the most qualified to provide construct ion management services for the Hosking Avenue Interchange Project. After PB was selected, their cost for providing these services was then negotiated by Public Works TRIP staff. Staff recommends the appropriation and transfer of $2.7 million of Transportation Development Fund Balance to the TRIP Local Match Fund for const ruction management services and potential contingencies for the Hosking Road Interchange Proj ect. These funds are available as a result of FY 2013- 14 actual revenues exceeding revised budget estimat es by approximately $3.0 million. Staff also recommends approval of this Agreement. T his Agreement is 100% locally funded. There is no General Fund impact associated with the Hosking Avenue Interchange Project. ATTACHMENTS: Description Type CM Agreement Agreement ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 Consent - Miscellaneous an. TO: Honorable Mayor and City Council FROM: Douglas N. McIsaac, Community Development Director DATE: 9/3/2014 WARD: Ward 2 SUBJECT: Letter of Support for Clinica Sierra Vista New Acce ss Point Grant Application for the Baker Street Village Community Health Center STAFF RECOMMENDATION: Staff recommends approval of the letter of support. BACKGROUND: On August 31, 2014, Councilmember Maxwell received a request from Clinica Sierra Vista for a letter of support as part of a New Access Point Grant Appl ication to construct a new health clinic as part of the existing Baker Street Village Development at th e southeast corner of Baker and Lake Streets. The New Access Point Grant is a federal grant throu gh the U.S. Department of Health and Human Services that will provide approximately $100 milli on nationally for the purpose of increasing the availability of health coverage to underserved comm unities and vulnerable populations. More specifically, Clinica Sierra Vista is partneri ng with the Housing Authority of the County of Kern to provide integrated family- based preventative and primary care at Baker Street Village, and will locate the Baker Street Village Community Health Ce nter within the vacant commercial space on the street level of the Baker Street Village housing co mplex (1015 Baker Street). The New Access Point Grant application requires tha t the applicant demonstrate a high level of need in the targeted community, display responsiveness t o the health care environment in our proposed area, and demonstrate collaborations with agencies and other governmental and community entities in the service area. The service area for the prop osed health clinic exhibits a high concentration of mixed races, low- income individuals and families experiencing povert y and high unemployment, which would make the project highly competitive for the New Access Point Grant. In response to this request and at the request of C ouncilmember Maxwell, staff has drafted a letter of support for Council consideration. ATTACHMENTS: Description Type Draft Letter of Support Backup Material ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 CONSENT - Successor Agency Business ao. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 8/28/2014 WARD: SUBJECT: Receive and file Successor Agency payments from Aug ust 1, 2014 to August 27, 2014 in the amount of $70,000.00 STAFF RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: The City administers payment of Successor Agency en forceable obligation payments as authorized by the State Department of Finance (DOF) to further the dissolution of the former Bakersfield Redevelopment Agency. The Successor Age ncy submits a Recognized Obligation Payment Schedule (ROPS) to the Bakersfield Oversigh t Board and the DOF every six (6) months for approval. All payments of the Successor Agency must be on this approved listing in order to be valid and authorized payments of the Successor A gency. A check register is provided which summarizes the t ransactions processed during the above referenced period. Additional details are provided below for each transaction. Check #595171 to Chicago Title Company for $35,000. 00 is for Park View Cottages Down Payment Assistance. Payment approved as ROPS 13-14B , line item #22. Check #601153 to Chicago Title Company for $35,000. 00 is for Park View Cottages Down Payment Assistance. Payment approved as ROPS 13-14B , line item #22. ATTACHMENTS: Description Type SA Check Register Admin 09 - 10 - 14 Backup Material ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 Consent Calendar Public Hearings 9. a. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 8/27/2014 WARD: Ward 2 SUBJECT: Public Hearing to consider Resolution ordering the vacation of portions th th of A, B, C, D, & G Streets, 13 & 14 Streets, and Campus Way surrounding Bakersfield High School. STAFF RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The property owner, Kern High School District, is r equesting the vacation of several streets surrounding the Bakersfield High School campus to p rovide a safer and more secure campus for students. The streets being vacated will be in addi tion to other streets and alleys that have been vacated in previous years around and through the ca mpus. The streets to be vacated are a th th portion of A Street at 13 , remainders of 13 , C & D Streets, G Street from California Avenue to th the south railroad right of way, and 14 Street/Campus Way from H Street to A Street. The City Fire, Police, Public Works, and Community Development Department have been notified of the request and no objections have been received as of the date of this report. Public Works notes that there is City sewer and storm drai n facilities in the vacating area. A Public Utility Easement will be reserved over those streets with u tilities. A Public Utility Easement will be th reserved over A Street & 14 Street as needed. The utility companies serving the area have been no tified by mail. Utilities are located in the areas to be vacated; therefore, a Public Utility Ea sement will be reserved over those streets with utilities. Preliminary notices were also mailed to all adjacen t property owners within a 300 foot radius of the proposed vacating area. Public Works has recei ved no objections from these owners as of the date of this report. The proposed vacation was approved by the Planning Department on July 30, 2014 per local ordinance and was found to be consistent with the M etropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402. It was determined that this action is exempt from t he requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. Resolution of Intention No. 1801 declaring intentio n to order said proposed vacation was adopted by City Council at the regular meeting of August 13 , 2014. Notice of this public hearing has been duly adverti sed and posted as required by law. ATTACHMENTS: Description Type Resolution Cover Memo Exhibit A Exhibit Exhibit B Exhibit J U MEMORANDUM CITY ATTORNEY September 9, 2014 TO: HONORABLE MAYOR AND COUNCILMEMBERS FROM: ANDREW HEGLUND, DEPUTY CITY ATTORNEY SUBJECT: CONSENT CALENDAR AGENDA ITEM 9.b Agenda Item 9.b pertains to the Resolution of Necessity to Acquire Certain Real Property or Interest in Real Property by Eminent Domain for the Amtrak Parking Lot Expansion Project regarding the property located at 425 Truxtun Avenue. The Resolution of Necessity is attached hereto. AH:dll Attachment cc: Alan Tandy, City Manager S:\ COUNCIL \MEMOS \14- 15 \9- 10- 14.RON.425 Truxtun9A.Docx RESOLUTION NO. CITY OF BAKERSFIELD RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN FOR THE AMTRAK PARKING LOT EXPANSION PROJECT (Code of Civil Procedure §1245.230) WHEREAS, Article I, Section 19 of the California Constitution and Code of Civil Procedure Section 1240.010 authorize acquisition of property rights for public use by eminent domain procedures; and WHEREAS, in order to improve traffic capacity and circulation in the area in and around the Amtrak Station, Bakersfield, and to promote the public welfare and safety, the City of Bakersfield is planning an Amtrak parking lot expansion (the "Project "); and WHEREAS, as set forth in the administrative report, the public interest and necessity require that a portion of real property commonly described as APN 006 - 140 -13 in Bakersfield, California, and more particularly described in Exhibit "1" attached hereto and incorporated herein by reference (the "Property "), be acquired in fee simple for the Project; and WHEREAS, the City of Bakersfield has provided the record owner of the Property with notice and opportunity to appear and be heard on the matters referred to in California Civil Procedure section 1240.030 in compliance with California Code of Civil Procedure section 1245.235, and, on the date and at the time and place fixed for hearing, this City Council did hear and consider all of the evidence presented. NOW THEREFORE incorporating herein the above recitals, be it resolved by at least a two - thirds vote of the members of the City Council of the City of Bakersfield, based on applicable law and the whole record concerning this matter, including, but not limited to, the accompanying staff report, which is hereby made a part of this Resolution, as follows: 1. The City of Bakersfield hereby finds, determines, and declares the following: (a) The public interest and necessity require the proposed Project; S:\ COUNCIL \Resos \14- 15\RON.Amtrok.Lum Trust.Docx -- Page 1 of 4 Pages -- (b) The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (c) The property sought to be acquired is necessary for the Project; and (d) The offer required by Government Code Section 7267.2, a copy of which is attached hereto as Exhibit "2" and incorporated herein by reference, has been made to the property owner or owners of record through correspondence dated April 2, 2014, and April 29, 2014. 2. The City Attorney is hereby authorized and directed to commence and maintain a proceeding in and for the City of Bakersfield to acquire for the City of Bakersfield the required interest in the Property. 3. The City Attorney is hereby authorized and directed to make application to the court for an Order for Possession Before Judgment in these proceedings; and 4. The Finance Director is hereby authorized and directed to draw its warrant in the amount of $110,000.00, the warrant to be made payable to the State Treasury Condemnation Fund and delivered to the City Attorney to be deposited with the payee as a security for the Order for Possession Before Judgment. S:\ COUNCIL \Resos \14- 15 \RON.Amtrak.Lum Trust.Docx -- Page 2 of 4 Pages -- HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney AM ANDREW HEGLUND Deputy City Attorney AH:dll Attachments: Exhibit 1 - Property Description Exhibit 2 - Offer Letter S:\COUNCIL\Resos\14-15\RON.Arntrok.Lum Trust.Docx -- Page 3 of 4 Pages -- CERTIFICATE OF CITY CLERK I, ROBERTA GAFFORD, Clerk of the City of Bakersfield, certify the foregoing is the full and true Resolution No. , passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on the day of , 2014. ROBERTA GAFFORD, CMC S:\COUNCIL\Resos\14-15\RON.Amtrcik.Lum Trust.Docx -- Page 4 of 4 Pages -- Tale qo. i�eeo�is�cE Locale Na cNCRms- THE LAW RffMVM TO FM NROW IS M MTED M 7w my OF BAI03&mA mll m OF 10 K STALE OF GLNORNlk AND S DESCRMED AS FOLLOWS: Lot sk (tip of Mods (Sj b the Rat gub&Wbn ?iaM o per Map recorded b Book 7, Ripe M of MM in the dit of the Q xmW R=dm of mM . AM. 006 -AH3 EXHIBIT QTAanftdsVRWmtftm- -bM '(IW7/M April 29, 2014 The Lum Family Living Trust 7746 Orogronde Place Cupertino, CA 95014 Re: PUBLIC WORKS - Amtrak Parking Lot Expansion Project - Offer to Purchase Recd Property — The Lum Family Living Trust - APN 006- 140-13 Dear Mr. and Mrs. Lum: The Bakersfield City Council has authorized negotiations to purchase your property, located at 425 Truxtun Ave. Bakersfield, CA 93301, for the Amtrak Parking Lot Expansion Project. Pursuant to Section 7267.2 of the California Government Code; the City of Bakersfield offers One Hundred Ten Thousand Dollars ($110,000) as total just compensation for the acquisition of your property for the project. The above offer represents the full amount believed by the City to be . just compensation for your property. The City's determination of just compensdition for the real property to be acquired is based upon an inspection of the property, sales of comparable properties, and other factors that influence value. The offer disregards any decrease or increase in the fair market value of the - property prior to the appraisal of this property caused by the CRYs interest in the property. Also, the above offer does not include relocation assistance to which you may be entitled. Pursuant to Code of Civil Procedure Section 1263.025 should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs up to five thousand dollars ($5,000) subject to the following conditions: a. You, not the City, must order the appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to the contract; b. The selected appraiser is licensed with the Office of Real Estate Approlsen (OREA); EXHIBIT " -L" Oft to Purchase ltle Lum Family Living Trust April 24, 2014 Pape2 of 2 c. Appraisal cost reimbursement requests must be made in writing, and submitted to the City along with copies of the contract (if a contract was made), appraisal report, and the invoice for the completed worts by the appraiser. The costs must be reasonable and justifiable. The City's offer is subject to: approval by the Bakersfield City Council; availability of funding for this acquisition; an environmental review and your ability to deliver unencumbered title. The City will pay normal closing costs, i.e. escrow fee and title Insurance. You wlll be responsible for the costs of delivering unencumbered' title, i.e. taxes, demands by lien holders. Please contact me at your earliest convenience to discuss the City's offer. I may be . reached. by telephone at (661) 326,3181 or by email. ' at 1willigms0bakersfieidcityus Y r q, Renee Williams Real Properly Agent RICkwes. Contract to purchatse red property Legal Description of property to be acquired Appraisal prepared by Merriman Hurst & Associates, Ini cc: Nick Fidler, Acting Public Works Director Donald M. Anderson, Real Property Manager City of Bakersfield • Property Management Division • 1600 Truxtun Avenue Bakemfleld • California • 93301 (661) 326 -3061 • Fax (661) 852 -2042 property @bakersfleidcityus April 2, LM F=34 living TnIst 7746 Orogreak Place Cupertino, CA 95014 Re: Amtrak ParlM9 Lot�Fapasion project - Notice Dear Mr. and Mrs. Lunn, 111M City of Baked (City) is wodit to project on. Tnccdm Avenne. in central Baked. dour PuPOM, loaned 425 T=tan Ave. i necessary for the project. to Appraise - APN 00&140-13 the Amtrak parking lot .aggnsion located within the proect area and is The City has contracted with the ' real estate Son, Merriman Hurst 8t As�iates to a yeah prqpeaty. Thay will you too aege. a maritally, conv�snient time. to Y w� he " yonr property. You may d a �� to 31M app ' grog the inspection of yon property if you wish to C16 so: We. have eosed inro� booklet .:-Your- Property / Yauit TtamportaRim PJ�' which will p you with answers to 'ens .owners &quady ask wing lead aoip�isiticn Pr's. This. notice does not constitute an offer, too P+ txe your prapeity, nor tines it estabUgh eligibility of the owner and/or any other for rekx abm assistance or relocation payments. U lotion of the P� �p appraisal, a City i representative will contact you for an appo.to discuss the acquisition in detail. I Cc: Nelson K. Smith, Finance Director Donald M. Anderson, Real PropertyMansger City of Bakersfield • Werane% • (661) 326 -3181 rwilliamson gerneo Division • 1600 Truxt un Avenue Califo is -.93301 • Fax ( � 61) $52 -2042 Your Property Your Transportation Project zx0 Nftmft B A K B R S F I B L D 1600 Trwdun Avenue, 2"d Floor dakerdW d, CA 9=1 (661326 -5181 INTRODUCTION This booidet was prepared for you as a person who may potentially be affected by a Proposed public transportation project. If it Is your property that is affected, you may have wondered what will happen. Who will contact you? What will be paid for your property$ Who will pay your moving costs? Will the City of Bakersfield (City) help you find a new place to live? Important questions like these require specific answers. We hope this booldet will answer some of your questions and present a better picture of our overall procedures. WHY DOES A PUBLIC AGENCY HAVE THE RIGHT TO BUY MY PROPERTY? Our State and federal constitutions recognize the need for pubic agencies to purchase private property for public use, and provide appropriate safeguards to accomplish this purpose. State and federal constitutions and the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended, authorize the purchase of private property far public use and assure full protection of the rights of each citizen. The responsibility for studying potential sites for a transportation project rests with a team of specially trained Individuals selected to do-this important job. Many months or even years are spent in preliminary study and Investigation to .consider possible locations for a project. Considerations of the environmental and social impacts are as much a part of location determination as engineering and cost. Participation by private citizens and public agencies Is actively sought so that various views can be considered in the study process. The process may include public hearings and /or workshops, which give persons an opportunity to express their views on the locations being considered. The City of Bakersfield is composed of many specialists. Among these are: TransporiaHon Manners These individuals determine methods and routes for the traveling public. This includes studies of existing traffic patterns, 'origin- destination ": surveys and user benefits. They also determine whether the proposed project location is economically sound. They research and analyze the effects produced by similar projects upon other communities. Environmental Planners These individuals evaluate the socio- economic and /or environmental impacts, Including traffic, noise and visual impacts of the proposed project Design Engineers These individuals recommend the type of transportation project which will be of the most benefit to the public. They prepare design plans which determine the properties needed for the project. Relocation Specialists These individuals perform early studies of the general needs of persons who may need to be relocated and the kind of replacement properties which may be required. As a result of this team effort, the best possible location for a transportation facility is selected after thorough social, economic, engineering, and environmental analyses, as well as consideration of expressed public concerns and desires. The goal is that the project provides the greatest public good and the least private injury or inconvenience white rendering the best possible service. These individuals perform field surveys and monument property Ones to delineate and map the City's right of way needs. They are also authorized by law to enter real property to perform such tasks. It Is the City's policy that owners and tenants of property will be notified prior to such surveys. WHO WILL CONTACT ME? One of the fast persons you will meet is an independent appraiser performing the appraisal. You will be afforded the opportunity to accompany the appraiser on the Inspection of your properly. At the time of the inspection the appraiser will also provide you with general project information. The appraiser will analyze your property and examine all of the features which contribute to its market vale. Information about Improvements you have made and any other special features that you believe maY affect the market value of your property should be given to the appraiser to ensure he /she has all the Information you feel is relevant. it is the duty of the City to ensure that you receive fair market value as If you sold your property privately in the open market. The City cannot buy your property for more than it Is worth, but it can and will assure you that you do not have to sell your property for less than its fair market value. California law provides that the owner shall receive a copy of the appraisal or a summary of the valuation upon which the City's offer is based. At the time the offer is made to purchase your property, you may obtain your own appraisal and the City will reimburse you up to $5,000 for the actual, reasonable costs of obtaining an independent appraisal. A licensed State appraiser must perform your appraisal. Your Right of Way Agent will provide more information conceming the reimbursement procedure at the time of the offer. HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? Each parcel of real property Is different and therefore no single formula can be devised to appraise all properties. Among the factors an appraiser Typically considers in estimating the value of real property are: • How it compares with similar properties in the area that have been sold recently. • How much it would cost-to reproduce the buildings and other structures, less any depreciation. • How much rental income it could produce. WHAT ADVANTAGE IS THERE IN SELLING YOUR PROPERTY TO THE CITY? A real estate purchase by the City of Bakersfield is handled in the some way as any private sale of property. However, there can be financial advantages in selling to the City. The City will pay fain market value for your property. The City will also pay for the preparation of all documents, all title and escrow fees, the poky of title insurance, recording fees and such other fees as may be required for the conveyance of title to the City. Since this Is a direct conveyance of real properly from the properly owner to the City there are no real estate commissions Involved, and the City will not recognize or pay any such real estate commissions. A private sale will usually cost thousands of dollars in sales expenses. There are no seller's expenses in a purchase by the. City. Additionally, depending on your specific circumstances, you may be eligible for relocation payments and benefits when you move. These benefits are described in supplemental booklets which will be provided to you, should the City's acquisition actually cause you to be displaced from your property. WILL I BE PAID FOR LOSS IN VALUE TO MY REMAINING PROPERTY? When only a part of your property is needed for a project, every reasonable effort is made to ensure that you do not suffer damages to the remainder of your property. The total . payment by the City will be for the property the City actually purchases and for any loss in market value to your remaining property. The determination of any loss In market value is an appraisal problem involving many variables. When this situation occurs, the Right of Way Agent will explain the effect of a partial acquisition on your remaining property. MAY I RETAIN AND MOVE MY HOME, BUSINESS BUILDING, MACHINERY, OR EQUIPMENT? If your house is movable and you wish to make such an arrangement, the City will pay you on the basis of the market value of your present lot Including landscaping, plus the reasonable cost of moving the building. There are cases where, because of age, sim or condition of the house, the cost of moving it would exceed its present market value, less its salvage value. In such a case, payment of moving costs would, of course, be an unwise expenditure of public funds. If you operate a farm or business, you may wish to keep and move fixed machinery and equipment. Additionally, as an owner of a business conducted on the property to be purchased, you may be entitled to compensation for a loss of business goodwill. Your specific circumstances will need to be analyzed on a case -by -case basis. If any of these concepts are applicable to your situation, they will be explained by the Right of Way Agent assigned to purchase your property. WILL I HAVE TIME TO SELECT ANOTHER HOME AFTER THE CITY MAKES ITS PURCHASE? The City starts to appraise properties early enough so that you will have ample time to move prior to project construction. Like any other real estate transaction, it requires time to close an escrow after a right of way contract and deed have been signed. You Will not be required to move until reasonable, decent, safe and sanitary replacement housing is available. Once you have received the written offer to purchase your property from the City, it is In your best Interest to look for a new place to live as soon as possible. Finding a home early that best suits your needs before you are required to move will minimize your personal inconvenience and will avoid having to make a choice of housing under pressure. In some instances you may be able to sell your property to the City and rent back temporarily pending construction. The City also offers to provide you with assistance in finding a new place In which to live. The City will give you at least 90 days' notice In writing before you are required to move. WHAT HAPPENS TO THE LOAN ON MY PROPERTY? After you and the City have agreed upon a price, a Right of Way Agent and /or a title company will contact all other parties having an interest in the property. Payment to satisfy outstanding loans or hens will be made through a title company escrow as in the case in any real estate transaction. WHAT WILL HAPPEN TO MY GI OR CAL -VET LOAN? The Veterans Administration and the California Department of Veterans Affairs dow your veteran loan privileges to be transferred and to become available for coverage on another property. Your Right of Way Agent will assist you in the transfer. However, it is to your benefit and your responsibility to check with the Veterans Administration or the CaNfomla Department of Veterans Affairs for procedural instructions. IF THE VALUE OF MY PROPERTY IS HIGHER TODAY THAN WHEN I PURCHASED IT, DO I HAVE TO PAY INCOME OR CAPITAL GAINS TAX ON THIS DIFFERENCE WHEN I SELL/CONVEY TO THE CITY? According to the Intemal Revenue Service, the sale of property to a govemmental agency for pubic purposes comes under the definition of an "involuntary conversion ". In these cases, it is not necessary to pay Income tax or capital gains tax if the money you receive is used to buy a similar property within a limited period of time. In every case, however, you should check with your local Internal Revenue Service office and /or accountant. WILL I LOSE THE FAVORABLE PROPERTY TAX BASIS THAT NOW HAVE UNDER THE PROVISIONS OF PROPOSITION 13? Section 2(d) of Article XIII -A of the California Constitution and Section 68, Rule 462.5 of the Revenue and Taxation Code generally provide that property tax relief shop be granted to any real property owner who acquires comparable replacement proper Y after having been displaced by governmental acquisition or eminent domain proceedings. You will be given a copy of Rule 462.5 with an attached page showing examples of. how to calculate estimates of the tax relief you may be eligible for. These are only approximations. You must see your county Tax Assessor for a final determination. Note: Revenue and Taxation Code Section 68, Rule 462.5, G. 1 through G.4, set forth time limits that may affect your eligibility to retain your favorable current real proper Y tax status. THE CITY'S RIGHT OF EMINENT DOMAIN. An owner's rights are guaranteed by the federal and State constitutions and applicable federal and State laws. The principal right is that "Just Compensation" must be paid. The vast majority of our transactions are settled by contract. However, if the owner and the City cannot agree on the terms of sale, the City may resort to the eminent domain process to avoid delaying the project, and will ultimately initiate condemnation proceedings. City Staff will request authority from the City Council to file a condemnation action in court. You will be given an opportunity to appear before the City Council to question whether public interest, necessity, planning and location require the proposed project and your property. The City Council does not hear arguments regarding valuation or Just compensation. Condemnation lawsuit documents are prepared by the City Attorney and filed with the court in the county where the property is located. The Summons and Complaint will then be served on all persons having a property interest in the parcel. The persons served must answer the lawsuit within 30 days. Counsel for the parties will then prepare for trial, and the court will set dates for preliminary motions and the trial. WHAT HAPPENS IN A CONDEMNATION TRIAL? The purpose of the trial is to determine the amount of Just Compensation. Usually the trial Is conducted before a judge and jury. Both the property owner and the City v4l have the opportunity to present evidence of value. The jury will determine the amount of compensation after being instructed as to the law by the judge. In those cases where the parties choose not to have a jury, the judge will decide the amount of compensation. The Judgment Is then prepared by counsel and signed by the judge. It will state that, upon payment of the amount of the verdict for the benefit of the property owner, title will be transferred to public ownership. When the City makes the payment as required by the Judgment, the Final Order of Condemnation is signed by the judge and recorded with the County Recorder's office. This finalizes the actual transfer of title. WHO PAYS THE CONDEMNATION TRIAL COSTS? The City pays the costs of its attorney and its engineering and appraisal witnesses. It will also pay the jury fees and your recoverable costs allowed by law. The fee for tiling your Answer with the court is an example of such costs. If the judge determines that the City's offer of settlement was unreasonable, while the demand of the property owner was reasonable as viewed in light of the evidence admitted at trial and the verdict, the property owner may receive litigation expenses such as their attorney's fees. The Judgment is then prepared by counsel and signed by the judge. IF I WANT A TRIAL, MUST 1 HAVE AN ATTORNEY AND EXPERT WITNESSES? Most property owners will be represented by an attomey, although they have the right to represent themselves. You may wish to consult your family attorney. If you do not have one, in many communities the yellow pages of the telephone directory will refer you to an attorney reference service. The local bar association may also provide a list of attorneys who may offer services in eminent domain proceedings. You and your attorney must decide what type of case you will present and what witnesses will be needed. WILL I BE PAID ANY RELOCATION ASSISTANCE BENEFITS EVEN THOUGH I GO TO COURT? A decision to go to court has no effect on your right to relocation benefits. Payment of relocation benefits is administered separately from the condemnation action. You will be provided details of additional assistance to help displaced persons, businesses, farms or nonprofit organizations in finding, purchasing or renting, and moving to a new location. These are explained in various booklets prepared for homeowners, tenants, and- business and faun operators and are made available by the City. HOW LONG CAN 1 KEEP MY PROPERTY? Continued use of your property usually depends on when construction must begin, Including utility relocations, and the demolition and /or clearance of buildings. If construction must begin before the trial, the City will seek a court order for early possession of your property. In this regard the City will be required to deposit with the State Treasurer, the probable amount of just compensation, as determined by an appraisal as security-for the value of the property rights It Is seeking. The court will determine 9 the amount of money deposited is adequate. Once the deposit is made the owner may withdraw all or a portion of it at any time during the condemnation proceedings. The court may then grant to the City an order for early possession allowing the City to use the property for construction of the project. To obtain an Order for Possession, the City will file a motion with the court and schedule a hearing 90 days after you and all occupants of the property are served with the motion papers (60 days If the property is unoccupied). You and the occupants, if any, will have 30 days to oppose the motion. Once the court grants an Order for Possession of the property, the City may obtain possession of the property 30 days after the owner and any occupants are served with the Order. • . Subject to the rights of any other persons having an interest in the property, you maY withdraw all or part of the prejudgment deposit. If you do not make a withdrawd, the City will pay interest on the eventual court award, or agreed settlement sum from the time it legally occupied your property until the date of final payment to you. Interest will accrue at the applicable statutory rate until paid at the time of final settlement. The City's Right of Way Agent assigned -to purchase your property w41 assist you In the transaction and will be available to answer any additional questions you may have. DEFINITIONS The language used in relation to eminent domain proceedings may be new to you. These are some terms you may hear and their general meaning. Acquire To purchase Answer The property owner's written reply, in appropriate legal form, fled with the court in response to the eminent domain complaint and as requested by the summons. Compensation The amount of money to which a property owner Is entitled under the law for the purchase of their property and any related damages. Compidnt The document tiled with the court by the City which initiates an eminent domain proceeding. Condemnalbn The legal process by which a proceeding in eminent domain is accomplished. Counsel An attorney or attorneys. Eminent Domain The right of government to purchase private property for pubic use. Fair Market value The far market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being wing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, wiling and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. Mal Order of CondenmaHon The Instrument which, when recorded, transfers title to pubic ownership. Judgrnennt The court's formal decision based on applicable law and the verdict. Just Compensation The measure of Just Compensation is Fair Market Value. Loss of business goodw>p A loss -in the value of a business caused by the City's acquisition of property that cannot be reasonably prevented by relocation of the business or the owner adopting prudent or reasonable steps that preserve the value of the business goodwill. Parcel - Usually means the property that is being acquired. Plaints The public agency that desires to purchase the property. Possession -Legal control; to have the right to use. Property The right or interest which an Individual has in land, including the rights to use or possess. Property is ownership; the exclusive right to use, possess or dispose of a thing. FJqM of Errhy An agreement between an owner and the City which allows the CRY to utRw -the property while continuing to negotiate the terms of settlement. Interest, calculated at the statutory rate, h included In the settlement upon conclusion of the transaction. Summons - Notification of filing of a lawsuit in eminent domain and of the necessity to Me answer or other responsive pleading. Tillie -Legal ownership. Trill The hearing of the facts from a plaintiff and defendant in court of law, either with or without a jury. Verdict The amount of just compensation to be paid for a property including any damages to the remainder, if applicable. This is an Irrforrnalional pamphlet only. ff is not intended to give a complete statement of all Stale or federal laws and regulaflora perlaining to the purchase of your property for a public use, the Relocation Assistance Program, technical legal deflnMtons, or any form of legal advice. ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 Consent Calendar Public Hearings 9. b. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 8/22/2014 WARD: Ward 2 SUBJECT: Public hearing on Resolution of Necessity (RON) to determine the public interest and necessity for acquisition of certain r eal property located at the 425 Truxtun Avenue, for the Amtrak Parking Lot Expansion Project. (Code Civ. Proc. ˆ 1240.010) STAFF RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The Project: The City of Bakersfield, in cooperation with the Kern Council of Governments, is planning to expand the Amtrak Station parking lot i n Bakersfield, California (€Project) to add approximately 34,000 square feet of additional park ing, which will net approximately 80 new parking spaces. The Property to be Acquired: The property required is located at 425 Truxtun Ave nue, and is legally described in Exhibit €1 to the attached Re solution of Necessity (€RON) and identified as Kern County Assessors Parcel Number 006-140-13 (th e €Property). Darrel W. Lum and Cherryl O. Lum, Trustees of the Lum Family Living Trust dat ed May 21, 1993 (Lum), are the owners of the Property. The Property is approximately 5,700 square feet in size and improved with an unoccupied 1,226 square-foot single family home wit h a 215 square- foot detached garage. The acquisition will not require the relocation of any owners or occupants. Findings : In order to acquire property from the property owne r, the City must adopt the RON authorizing the initiation of an eminent domain act ion. (Code Civ. Proc. ˆ 1245.220.) In adopting the RON, the Council must find that the following € pre-condemnation requirements are met. (Code Civ. Proc. ˆ 1245.230.) Here, each of thes e requirements is met: 1. The Public Interest and Necessity Require th e Project . The Bakersfield Amtrak Station is one of the busies t California Amtrak stations, boarding or detraining an average of approximately 1,400 passen gers daily. The proposed Project is needed to accommodate existing and projected travel demand at the station, especially during the peak travel seasons, and planned growth, as set forth in the general plans for the City of Bakersfield and Kern County. 2. The Project is Planned or Located in the Manner tha t Will Be Most Compatible with the Greatest Public Good and the Least Private Injury . The expanded capacity and improvement in parking ma nagement and traffic circulation that will result from the expanded parking facilities at the station will improve the safety, capacity, and functionality of those facilities. The Project req uires the acquisition of only four properties on Truxtun Avenue, including this Property. Three of the property owners have already agreed to sell their properties to the City. 3. The Property is Necessary for the Proposed P roject . Acquisition of the Property allows the City to maxi mize the size of the parking facilities to the east, abutting the Saint George Greek Orthodox Chur ch. Without the Property, the expanded parking facility will be reduced in size by approxi mately 15%. Inclusion of the Property in the Project allows the expansion to be accomplished in the most efficient manner possible. 4. The Offer Required by Section 7267.2 of the Califor nia Government Code was Made to the Owner of Record of the Property . On April 2, 2014, the Notice of Decision to Apprais e, which also included the information booklet entitled €Your Property Your Transportation Project , was mailed to the owners as required by section 7267.2 of the California Government Code. The City engaged an independent licensed appraiser to appraise the Property and to determine just compensation based on the Property s €Fair Market Value. A written offer at the full amount of appraised jus t compensation ($110,000) was made to the property owners on or about April 2 9, 2014. The offer included an Appraisal Summary Statement and other information required by section 7267.2. The Process : If the Resolution is adopted, the City will: 1. File an eminent domain action in Kern County seeking the necessary interests in the Property; 2. Request that the court grant early possessio n of the Property; and 3. If necessary, proceed with the eminent domai n action through trial to determine any unresolved issues, including just compensation. Throughout the process, the City will remain open t o an informal resolution of the matter without the need for litigation. ATTACHMENTS: Description Type Resolution of Necessity Resolution Exhibit 1 to Resolution of Necessity Exhibit Exhibit 2 to Resolution of Necessity Exhibit 1A.... 0 B A K E R S F �....�.� I E L D CITY CLERK'S OFFICE MEMORANDUM September 10, 2014 TO: HONORABLE MAYOR AND COUNCILMEMBERS FROM: ROBERTA GAFFORD, CITY CLERK SUBJECT: COUNCIL MEETING OF SEPTEMBER 10, 2014 AGENDA ITEM DEFERRED BUSINESS 12. a. Attached are emails received from Trent Hair and Will Winn regarding the Golden Empire Transit Item. n Roberta Gafford From: Trent Hair <a.trent.hair @gmail.com> Sent: Tuesday, September 09, 2014 6:49 AM To: City-Council Subject: GET Board Members Unless there is more to be known, the board members have done their job protecting the resource. It would be prudent to allow the current board to remain and monitor their activities a bit closer rather than join in the hysteria created by political grandstanding and union propaganda. From: wilwinn @bak.rr.com Sent: Tuesday, September 09, 2014 11:08 AM To: City-Council Subject: Councilmember Rivera Dear Councilmember Rivera, As you deliberate the City Council's agenda item 12, possible removal of GET Board members, City Council appointees Howard Silver and Norris Ledbetter, I would ask that Howard Silver be given recognition for his decades and wealth of transportation experience. I know you are aware of his time spent on the GET Board as well as his contributions to the Kern COG Board and many years on the Kern Transportation Foundation Board of Directors where I have served with him. Over the years, Howard's enthusiasm and insight in developing effective public transportation systems has spread beyond the local arena. He has worked with the American Public Transportation Association (APTA) on national transportation issues as a 24 year board member and chairman from 2005 -2007. He continues to play a very active role in APTA. I realize that the current GET issues have raised some personal shortcomings and lack of sensitivity for certain elements of the public on the part of the GET administration and Board. Perhaps these are dismissable offenses, but I would ask you to be careful in your considerations to not allow GET to become controlled by inexperienced staff and Board members nor become a politically charged transportation entity controlled by the Teamsters. I do not know Mr. Ledbetter, but I do know that Howard is and has been a tremendous transportation resource for our County and City. I would hate to see him replaced at this critical time when overall transportation needs are at the forefront of importance. I trust that you have personally examined all the facets of the route changes, wage and benefit negotiations, strike and resolution before you replace Mr. Silver. Perhaps some specific direction from the City Council to the existing GET Board and CEO would be a better way than to remove Silver and Ledbetter. Thank you for your Consideration, Will Winn Bakersfield From: wilwinn @bak.rr.com Sent: Tuesday, September 09, 2014 11:18 AM To: City-Council Subject: Councilmember Maxwell Dear Councilmember Maxwell, As you deliberate the City Council's agenda item 12, possible removal of GET Board members, City Council appointees Howard Silver and Norris Ledbetter, I would ask that Howard Silver be given recognition for his decades and wealth of transportation experience. I know you are aware of his time spent on the GET Board as well as his contributions to the Kern COG Board and many years on the Kern Transportation Foundation Board of Directors where I have served with him. Over the years, Howard's enthusiasm and insight in developing effective public transportation systems has spread beyond the local arena. He has worked with the American Public Transportation Association (APTA) on national transportation issues as a 24 year board member and chairman from 2005 -2007. He continues to play a very active role in APTA. I realize that the current GET issues have raised some personal shortcomings and lack of sensitivity for certain elements of the public on the part of the GET administration and Board. Perhaps these are dismissable offenses, but I would ask you to be careful in your considerations to not allow GET to become controlled by inexperienced staff and Board members nor become a politically charged transportation entity controlled by the Teamsters. I do not know Mr. Ledbetter, but I do know that Howard is and has been a tremendous transportation resource for our County and City. I would hate to see him replaced at this critical time when overall transportation needs are at the forefront of importance. I trust that you have personally examined all the facets of the route changes, wage and benefit negotiations, strike and resolution before you replace Mr. Silver. Perhaps some specific direction from the City Council to the existing GET Board and CEO would be a better way than to remove Silver and Ledbetter. Thank you for your Consideration, Will Winn Bakersfield From: wilwinn @bak.rr.com Sent: Tuesday, September 09, 2014 11:16 AM To: City-Council Subject: Councilmember Smith Dear Councilmember Smith, As you deliberate the City Council's agenda item 12, possible removal of GET Board members, City Council appointees Howard Silver and Norris Ledbetter, I would ask that Howard Silver be given recognition for his decades and wealth of transportation experience. I know you are aware of his time spent on the GET Board as well as his contributions to the Kern COG Board and many years on the Kern Transportation Foundation Board of Directors where I have served with him. Over the years, Howard's enthusiasm and insight in developing effective public transportation systems has spread beyond the local arena. He has worked with the American Public Transportation Association (APTA) on national transportation issues as a 24 year board member and chairman from 2005 -2007. He continues to play a very active role in APTA. I realize that the current GET issues have raised some personal shortcomings and lack of sensitivity for certain elements of the public on the part of the GET administration and Board. Perhaps these are dismissable offenses, but I would ask you to be careful in your considerations to not allow GET to become controlled by inexperienced staff and Board members nor become a politically charged transportation entity controlled by the Teamsters. I do not know Mr. Ledbetter, but I do know that Howard is and has been a tremendous transportation resource for our County and City. I would hate to see him replaced at this critical time when overall transportation needs are at the forefront of importance. I trust that you have personally examined all the facets of the route changes, wage and benefit negotiations, strike and resolution before you replace Mr. Silver. Perhaps some specific direction from the City Council to the existing GET Board and CEO would be a better way than to remove Silver and Ledbetter. Thank you for your Consideration, Will Winn Bakersfield From: wilwinn @bak.rr.com Sent: Tuesday, September 09, 2014 11:11 AM To: City-Council Subject: Concilmember Weir Dear Councilmember Weir, As you deliberate the City Council's agenda item 12, possible removal of GET Board members, City Council appointees Howard Silver and Norris Ledbetter, I would ask that Howard Silver be given recognition for his decades and wealth of transportation experience. I know you are aware of his time spent on the GET Board as well as his contributions to the Kern COG Board and many years on the Kern Transportation Foundation Board of Directors where I have served with him. Over the years, Howard's enthusiasm and insight in developing effective public transportation systems has spread beyond the local arena. He has worked with the American Public Transportation Association (APTA) on national transportation issues as a 24 year board member and chairman from 2005 -2007. He continues to play a very active role in APTA. I realize that the current GET issues have raised some personal shortcomings and lack of sensitivity for certain elements of the public on the part of the GET administration and Board. Perhaps these are dismissable offenses, but I would ask you to be careful in your considerations to not allow GET to become controlled by inexperienced staff and Board members nor become a politically charged transportation entity controlled by the Teamsters. I do not know Mr. Ledbetter, but I do know that Howard is and has been a tremendous transportation resource for our County and City. I would hate to see him replaced at this critical time when overall transportation needs are at the forefront of importance. I trust that you have personally examined all the facets of the route changes, wage and benefit negotiations, strike and resolution before you replace Mr. Silver. Perhaps some specific direction from the City Council to the existing GET Board and CEO would be a better way than to remove Silver and Ledbetter. Thank you for your Consideration, Will Winn Bakersfield From: wilwinn @bak.rr.com Sent: Tuesday, September 09, 2014 11:14 AM To: City-Council Subject: Councilmember Hanson Dear Councilmember Hanson, As you deliberate the City Council's agenda item 12, possible removal of GET Board members, City Council appointees Howard Silver and Norris Ledbetter, I would ask that Howard Silver be given recognition for his decades and wealth of transportation experience. I know you are aware of his time spent on the GET Board as well as his contributions to the Kern COG Board and many years on the Kern Transportation Foundation Board of Directors where I have served with him. Over the years, Howard's enthusiasm and insight in developing effective public transportation systems has spread beyond the local arena. He has worked with the American Public Transportation Association (APTA) on national transportation issues as a 24 year board member and chairman from 2005 -2007. He continues to play a very active role in APTA. I realize that the current GET issues have raised some personal shortcomings and lack of sensitivity for certain elements of the public on the part of the GET administration and Board. Perhaps these are dismissable offenses, but I would ask you to be careful in your considerations to not allow GET to become controlled by inexperienced staff and Board members nor become a politically charged transportation entity controlled by the Teamsters. I do not know Mr. Ledbetter, but I do know that Howard is and has been a tremendous transportation resource for our County and City. I would hate to see him replaced at this critical time when overall transportation needs are at the forefront of importance. I trust that you have personally examined all the facets of the route changes, wage and benefit negotiations, strike and resolution before you replace Mr. Silver. Perhaps some specific direction from the City Council to the existing GET Board and CEO would be a better way than to remove Silver and Ledbetter. Thank you for your Consideration, Will Winn Bakersfield From: wilwinn @bak.rr.com Sent: Tuesday, September 09, 2014 11:13 AM To: City-Council Subject: Councilmember Sullivan Dear Councilmember Sullivan, As you deliberate the City Council's agenda item 12, possible removal of GET Board members, City Council appointees Howard Silver and Norris Ledbetter, I would ask that Howard Silver be given recognition for his decades and wealth of transportation experience. I know you are aware of his time spent on the GET Board as well as his contributions to the Kern COG Board and many years on the Kern Transportation Foundation Board of Directors where I have served with him. Over the years, Howard's enthusiasm and insight in developing effective public transportation systems has spread beyond the local arena. He has worked with the American Public Transportation Association (APTA) on national transportation issues as a 24 year board member and chairman from 2005 -2007. He continues to play a very active role in APTA. I realize that the current GET issues have raised some personal shortcomings and lack of sensitivity for certain elements of the public on the part of the GET administration and Board. Perhaps these are dismissable offenses, but I would ask you to be careful in your considerations to not allow GET to become controlled by inexperienced staff and Board members nor become a politically charged transportation entity controlled by the Teamsters. I do not know Mr. Ledbetter, but I do know that Howard is and has been a tremendous transportation resource for our County and City. I would hate to see him replaced at this critical time when overall transportation needs are at the forefront of importance. I trust that you have personally examined all the facets of the route changes, wage and benefit negotiations, strike and resolution before you replace Mr. Silver. Perhaps some specific direction from the City Council to the existing GET Board and CEO would be a better way than to remove Silver and Ledbetter. Thank you for your Consideration, Will Winn Bakersfield From: wilwinn @bak.rr.com Sent: Tuesday, September 09, 2014 11:19 AM To: City-Council Subject: Councilmember Johnson Dear Councilmember Johnson, As you deliberate the City Council's agenda item 12, possible removal of GET Board members, City Council appointees Howard Silver and Norris Ledbetter, I would ask that Howard Silver be given recognition for his decades and wealth of transportation experience. I know you are aware of his time spent on the GET Board as well as his contributions to the Kern COG Board and many years on the Kern Transportation Foundation Board of Directors where I have served with him. Over the years, Howard's enthusiasm and insight in developing effective public transportation systems has spread beyond the local arena. He has worked with the American Public Transportation Association (APTA) on national transportation issues as a 24 year board member and chairman from 2005 -2007. He continues to play a very active role in APTA. I realize that the current GET issues have raised some personal shortcomings and lack of sensitivity for certain elements of the public on the part of the GET administration and Board. Perhaps these are dismissable offenses, but I would ask you to be careful in your considerations to not allow GET to become controlled by inexperienced staff and Board members nor become a politically charged transportation entity controlled by the Teamsters. I do not know Mr. Ledbetter, but I do know that Howard is and has been a tremendous transportation resource for our County and City. I would hate to see him replaced at this critical time when overall transportation needs are at the forefront of importance. I trust that you have personally examined all the facets of the route changes, wage and benefit negotiations, strike and resolution before you replace Mr. Silver. Perhaps some specific direction from the City Council to the existing GET Board and CEO would be a better way than to remove Silver and Ledbetter. Thank you for your Consideration, Will Winn Bakersfield ADMINISTRATIVE REPORT MEETING DATE: 9/10/2014 Deferred Business 12. a. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: 8/29/2014 WARD: SUBJECT: Golden Empire Transit (GET) STAFF RECOMMENDATION: Staff recommends Council determination. BACKGROUND: Vice Mayor Weir requested an item be placed on the agenda to consider the removal of the City  s two appointees to the GET Board of Directors. For Council reference, Section 101103 of the Califo rnia Public Utilities Code articulates the makeup o f the five (5) member Board which includes two (2) me mbers appointed by the Kern County Board of Supervisors; two (2) members appointed by the Baker sfield City Council; and one (1) member appointed by a majority vote of the other four memb ers. Section 101140 of the California Public Utilities C ode further states that any member of the Board may be removed at any time and without cause by the bod y which is authorized, pursuant to Section 101103, to make the appointment of the particular c lass of director who is removed. The Council considered two motions related to the r emoval of the Citys two appointees during the August 13, 2014 Council Meeting. The motion by Coun cilmember Rivera sought to remove the two appointees and begin the recruitment process to app oint two new appointees immediately. Councilmember Johnson requested, and Councilmember Rivera accepted, a friendly amendment to the motion, to bring the new appointee applicants b ack during the September 10, 2014 Council meeting for appointment. This motion failed, with C ouncilmembers Rivera, Maxwell and Johnson voting yes. Councilmember Maxwell made a motion that the two Ci ty appointees be terminated upon the end of the GET strike or upon the end of their term, which ever occurs first and direct the City Clerk to begi n the recruitment process to fill the remainder of ea ch of their terms upon termination. This motion fai led, with Councilmembers Rivera and Maxwell voting yes. Should the Council vote to remove one or both of th e City's appointees this evening, the City Clerk's Office can initiate the recruitment process immedia tely and could bring forth applications for Council consideration at the City Council meeting of Septem ber 24, 2014.