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11/5/14 CC AGENDA PACKET
OF AHR fi •; S BAKERSFIELD CITY COUNCIL g�IF0 AGENDA MEETING OF NOVEMBER 5, 2014 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 3:30 PM REGULAR MEETING - 3:30 PM 1. ROLL CALL 2. PUBLIC STATEMENTS 3. WORKSHOPS 4. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed session pursuant to Government Code section 54956.9(d)(2),(e)(1) (three matters). 5. CLOSED SESSION ACTION 6. ADJOURNMENT CC Meeting 11105114 1 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 Closed Session - Potential Litigation 4. a. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 10/27/2014 WARD: SUBJECT: Conference with Legal Counsel - Potential Litigation; Closed session pursuant to Government Code section 54956.9(d)(2),(e)(1) (three matters). STAFF RECOMMENDATION: BACKGROUND: CC Meeting 11105114 2 OF aAH�R fi •; S BAKERSFIELD CITY COUNCIL g�IF0 AGENDA MEETING OF NOVEMBER 5, 2014 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 PM REGULAR MEETING - 5:15 PM 1. ROLL CALL Introduction of student body representatives participating in the 60th consecutive Teen Government Day. 2. INVOCATION by Pastor Steve Yeary, Family Community Fellowship. 3. PLEDGE OF ALLEGIANCE by Camy Coston, 6th Grade Student, Lakeside School. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Kristie Coons, Kern County Library Coordinator, Community Outreach Initiatives, declaring November, 2014, Our Veterans, Our Communities Month. b. Presentation by Mayor Hall of a Proclamation to Jesus Garcia, Board Member of the Central California Urban Regional Information Systes Association, and Katie Reed, City of Bakersfield GIS Department Supervisor, declaring November 12, 2014, Georgraphic Information Systems Day. 5. PUBLIC STATEMENTS 6. WORKSHOPS 7. APPOINTMENTS a. One appointment to the Kern Mosquito and Vector Control District due to the expiration of term of Dr. Brandon Hawkins, whose term expired December 31 , 2013. Staff recommends Council determination. 8. CONSENT CALENDAR Staff recommends adoption of Consent Calendar items. Minutes: a. Approval of minutes of the October 22, 2014, Regular City Council Meetings. Payments: b. Receive and file department payments from October 10, 2014 to CC Meeting 11105114 3 October 23, 2014 in the amount of $15,928,380.40 Self Insurance payments from October 10, 2014 to October 23, 2014 in the amount of $312,405.85 totaling $16,240,786.25 Ordinances: C. Adoption of the following Ordinances amending various sections of the Municipal Code: (FR 10122114) 1 . Amending Section 5.32.160, Subsection Y, relating to Regulations for Massage/Bodywork Establishments. 2. Amending Sections 8.27.010, 8.80, 010, 10.64.020 and 10.64.030 relating to Abatements, Property Maintenance, and Abandoned Vehicles. 3. Amending Section 8.35.020 relating to Illicit Discharges into Stormwater System. 4. Amending Section 9.16.010 relating to Prohibited Drinking on Streets. 5. Amending Section 10.69.030 relating to Permit Applications for Special Events. 6. Amending Section 12.56.055 relating to Expulsion from City Facilities. 7. Amending Section 15.68.030 relating to Permit to Locate Mobile Home Parks. Resolutions: d. Resolution confirming approval by the City Manager's 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 the demolishment of dangerous buildings and authorizing collection of the assessments by the Kern County Tax Collector. Ward 2 e. Resolution determining that an additional Zamboni model 546 ice resurfacing machine cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed $114,000. f. Resolution determining that Taser International products cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed $128,000. Ward 3 g. Alfred Harrell Lift Station: 1 . Resolution determining that certain purchase of WEMCO pumps required for Alfred Harrell Lift Station cannot be obtained through the usual bidding procedures because Flo-Systems, Inc., is the sole distributor of WEMCO pumps for the City's geographical area and authorizing the Finance Director to dispense with bidding therefore, not to exceed $135,000. 2. Rescind Resolution No. 155-13 entitled "Resolution determining that certain rebuilding of WEMCO pumps at Alfred Harrell Lift Station cannot be obtained through the usual bidding procedures CC Meeting 11105114 4 because Flo-Systems, Inc., is the sole distributor of WEMCO pumps for the City's geographical area and authorizing the Finance Director to dispense with bidding therefor, not to exceed $100,000." 3. Rescind Agreement No. 13-205 with Flo-Systems, Inc., for rebuilding of WEMCO pumps at Alfred Harrell Lift Station. Ward 5 h. Resolution of the City of Bakersfield Declaring its Intention to Establish the City of Bakersfield Police and Fire Services Community Facilities District No. 2014-1 (Old River Ranch); to Levy a Special Tax therein to Finance Additional Police and Fire Services Required by New Development within the Community Facilities District. Ward 3 i. Resolution of Intention No. 1821 to order the vacation of a portion of Morning Drive at the Southeast corner of Morning Drive and Highway 178. Agreements: Ward(s) 1, 6 j. Agreement with Schneider Electric (not to exceed $332,411) to provide a detailed technical and financial report (Investment Grade Audit) for energy conservation programs at Wastewater Treatment Plants No. 2 and No. 3. Ward 7 k. Final Map and Improvement Agreement with Froehlich Signature Homes, for Tract 7231 , Phase 1, located north of Taft Highway and west of Wible Road. Ward 7 I. Final Map and Improvement Agreement with Froehlich Signature Homes, for Tract 7231 , Phase 2, located north of Taft Highway and west of Wible Road. Ward 2 m. Amendment No. 1 to Agreement No. 14-040 with Construction Protective Services, Inc., ($55,000; revised not to exceed $148,500) for security services at Creekview Villas, 1300 R Street. Ward(s) 1, 2 n. Contract Change Order Nos. 7 and 12 to Agreement No. 13-140 with Security Paving Company ($73,810.00; revised not to exceed $14,242,444.92) for the project known as SR-58 GAP Closure (TRIP). Property Acquisition Agreements - TRIP: Ward 2 0. Agreement with William Moodie ($247,000) to purchase real property located at 4309 La Mirada Drive for the Centennial Corridor Project. Ward 2 p. Agreement with Joe Cornejo ($247,000) to purchase real property located at 4317 La Mirada Drive for the Centennial Corridor Project. Ward 2 q. Agreement with Henry and Elaine Joke, Co-Trustees of Joke Family Trust ($250,000) to purchase real property located at 701 Montclair Street for the Centennial Corridor Project. Ward 2 r. Agreement with Manning Richards ($131 ,000) to purchase real property located at 140 Candy Street for the Centennial Corridor Project. Ward 2 S. Agreement with William and Lynda Bissell ($272,000) to purchase real property located at 4417 La Mirada Drive for the Centennial Corridor Project. Ward 3 CC Meeting 11105114 5 t. Agreement with Bakersfield Mountain View Bravo LLC ($225,000) to purchase real property identified as APNs 531-012-05 & 14 for the State Route 178 Widening Project. Ward 3 U. Agreement with Malladi and Privina Reddy ($130,000) to purchase real property located at 4213 Comanche Drive for the State Route 178 Widening Project. Bids: V. Accept bids from Insight Public Sector, Incorporated ($116,112.81) and SANplicity ($97,212.17) for replacement Juniper® switches. Total bid amount is $213,324.98. w. Accept bid from Lehr Auto Electric ($657,902.25) for 162 Panasonic Toughbook Laptops for the Police Department. X. Accept bid from Cyber Computers, Inc. ($72,794.70), for 162 Panasonic Vehicle Mount Port Replicators for the Police Department. Ward 3 y. Accept bid and approve contract with STL Landscape, Inc. ($388,000), for median improvements on Mt. Vernon Avenue from Columbus Street to University Avenue. Ward 1 Z. Accept bid and approve contract with Traffic Development Services ($182,074.70) for traffic signal and lighting system installation at the intersection of Oswell Street and the Eastbound State Route 58 Off- Ramp Project. Miscellaneous: Successor Agency Business: aa. Receive and file Successor Agency payments from October 10, 2014 to October 23, 2014 in the amount of$463.78 9. CONSENT CALENDAR PUBLIC HEARINGS Staff recommends conducting Consent Calendar Public Hearing and approval of items. Ward 3 a. General Plan Amendment/Zone Change 14-0222; Ken Koss, representing Ken Koss and Tony Evans, (property owner), has applied for a general plan amendment and zone change on 7.28 acres generally located north of Highland Knolls Drive, east of Fairfax Road. 1 . Resolution adopting a Negative Declaration. 2. Resolution approving the general plan amendment changing the land use designation from LR (Low Density Residential) to HR (High Density Residential) on 7.28 acres. 3. First reading of ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district R-1 (One Family Dwelling) to R-3/PUD (Multiple Family Dwelling/Planned Unit Development) on 7.28 acres. Ward 1 b. U.S Department of Housing and Urban Development (HUD) Fiscal Year 2014/2015 Action Plan Amendment No. 2: 1 . Increase the Dr. Martin Luther King Jr. Community Center Gym CC Meeting 11105114 6 Rehabilitation Project by $146,858 in Community Development Block Grant funds to replace the gymnasium hardwood floor. 2. Transfer $146,858 Capital Outlay Fund Balance to the Community Development Block Grant Fund to reimburse HUD for prior year project costs deemed ineligible. 10. HEARINGS 11. REPORTS 12. DEFERRED BUSINESS 13. NEW BUSINESS a. Resolution setting the dates of Regular City Council Meetings, Budget Hearings, and Department Budget Presentations for January through December 2015. Staff recommends adoption of the Resolution. 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT CC Meeting 11105114 7 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 ROLL CALL 1 . TO: Honorable Mayor and City Council FROM: Roberta Gafford, City Clerk DATE: 9/9/2014 WARD: SUBJECT: Introduction of student body representatives participating in the 60th consecutive Teen Government Day. STAFF RECOMMENDATION: BACKGROUND: The City of Bakersfield annually participates with the Kern High School District, the Kiwanis, and the Optimists in sponsoring Teen City Governent Day. This is the 60th year the City has been involved in this event. The school district has indicated that seventeen (17) schools will be participating, and they are: Bakersfield, Bakersfield Christian, Centennial, East Bakersfield, Foothill, Frontier, Garces, Golden Valley, Highland, Independence, Liberty, Mira Monte, North, Ridgeview, South, Stockdale and West High Schools. Four students from each school will participate in the Teen City Govenrment Day morning activities. Students representing the Mayor and Council, the City Manager, City Attorney, City Clerk, Public Works Director, and Community Development Director will attend the evening session from 5:15 p.m. to no later than 7:30 p.m. Council will take a short recess to allow students to tleave to prepare for the following day's classes. CC Meeting 11105114 8 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 Presentations 4. a. TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: 9/29/2014 WARD: SUBJECT: Presentation by Mayor Hall of a Proclamation to Kristie Coons, Kern County Library Coordinator, Community Outreach Initiatives, declaring November, 2014, Our Veterans, Our Communities Month. STAFF RECOMMENDATION: BACKGROUND: CC Meeting 11105114 9 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 Presentations 4. b. TO: Honorable Mayor and City Council FROM: Mayor Hall DATE: 9/29/2014 WARD: SUBJECT: Presentation by Mayor Hall of a Proclamation to Jesus Garcia, Board Member of the Central California Urban Regional Information Systes Association, and Katie Reed, City of Bakersfield GIS Department Supervisor, declaring November 12, 2014, Georgraphic Information Systems Day. STAFF RECOMMENDATION: BACKGROUND: CC Meeting 11105114 10 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 Appointments 7. a. TO: Honorable Mayor and City Council FROM: Roberta Gafford, City Clerk DATE: 10/13/2014 WARD: SUBJECT: One appointment to the Kern Mosquito and Vector Control District due to the expiration of term of Dr. Brandon Hawkins, whose term expired December 31 , 2013. STAFF RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There is one appointment to the Kern Mosquito and Vector Control District due to the expiration of term of Dr. Brandon Hawkins, whose term expired December 31 , 2013. The news release was posted November 4, 2013. A news release extending the recruitment was posted December 20, 2013, and September 25, 2014. An application for appointment has been received from Flom R. Core. The primary objective of the Kern Mosquito and Vector Control District is the elimination of mosquito-breeding areas by way of educational services, various control measures, and abatement procedure methods when necessary. Members are nominated and appointed by the City Council of each respective participating City. Members shall be an elector of the City and a resident of that portion of the City, which is within the Kern Mosquito and Vector Control District throughout their term. The applicant has been encouraged to contact each City Councilmember regarding his interest and qualifications. Meetings are held the second Wednesday of each month at 11 :30 a.m. at the District Office, 4705 Allen Road, Bakersfield. ATTACHMENTS: Description Type ❑ Core Application Backup Material CC Meeting 11105114 11 CLERK'S OFFICE USE ONLY: SUBMIT TO: 14 0cr CITY CLERK 13 P/12: 4/ CITY OF B �AK IELD 1600 Truxtun Avenue KE kt i;��; RESIDENT: NO Bakersfield, CA 93301 `f? } LER►[ (661) 326-3767 Phone No. WARD NO. 1 2�4 5 7 (661) 323-3780 Fax No. CITY OF BAKERSFIELD APPLICATION FOR APPOINTMENT APPLICANTS ARE ENCOURAGED TO CONTACT EACH COUNCILMEMBER TO COMMUNICATE THEIR INTEREST FOR APPOINTMENT. Mr. Florn R Core 1. Mrs. Ms. First Middle Last 2. Residence address: 4008 Fairwood St. Bakersfield Kern CA 93306-1311 City County State Zip Phone (661 872-8623 or 661-333-7093 3. Position(s) sought: (List in order of preference) 1) Kern Mosquito and Vector Control District 2) 3] 4) R 4. Business Title or Occupation: Retired; Part-time Self employed Company: Address: Same as resident address City County State Zip Phone (661 } 872-8623 5. Education - List schools attended and/or graduated/degree(s): Bachelor of Science, California State University, Bakersfield CC Meeting 11105114 12 6. Other Special Training or Experience: 7. Previous and present governmental and civic experience. Indicate when, position and duties: 30 years employed City of Bakersfield Water Resources Department, retired as Department Manager. Volunteer Coordinator for Amgen Tour of California, recruited, conducted training, orientation and coordinated placement of over 200 volunteers for the nationally televised Time Trial event. Retired City employee representative for the City of Bakersfield Insurance Committee. 8. Please explain why you wish to serve on a Board/Commission for the City of Bakersfield: Having worked for City Warter Resources, had working relationship in coordinating with Kern squE a e ar s rEC En E o Con Eons Envo vi E y storm drainage basins, the Kem River channel, and City groundwater spreading operations. Have an understanding of operations, a mans ra Eon and financing. 9. Do you have any interests or associations which might present a conflict of interest? If yes, please explain: NIA Please attach your resume, and any additional information or statements which you feel would be helpful in reviewing your qualifications. AUTHORIZATION AND RELEASE I understand that in connection with this application for appointment, the information contained herein will be made available to the general public upon request. do 4ea� R co� /,I— Signature of Applicant Date CC Meeting 11105114 13 RESUME' of... Florn R. Core 4008 Fairwood St., Bakersfield, CA 93306-1311 Home Tele: (661)872-8623 Cell: (661)333-7093 e-mail: )2ocore @sbcglobal.net OBJECTIVE: Water Resources Management EMPLOYMENT EXPERIENCE: WATER RE50URCE5 CONSULTING (2010-Present) Provides general and specialized water resources consulting and advice to governmental agencies, private water purveyors, and law firms, performing water diversion analysis, water use analysis, and assisting in contract negotiations. 40 years of professional experience in all aspects of water supply management including agricultural, urban, groundwater,surface water,wastewater and stormwater. CITY OF BAKERSFIELD CALIFORNIA Water Resources Manager (2004-2009); Acting Water Resources Manager [2003-2004] - _ Department head reporting to the City Manager. Managed all activities of the Water Resources Department including agricultural water, domestic water, municipal wastewater farm, stormwater and City-wide fire hydrant divisions. Managed the Kern River Levee District, Performed Kern River Watermaster functions. Policy development, program planning, budget preparation, fiscal management and administration of the departmental $30M+ budget & 27 FTE. Implemented departmental objectives and goals within guidelines set by City Manager, City Water Board and City Council, Water Resources Director(1994-2003) Assistant Water Resources Director(1984-1993) Agricultural&Domestic Water Manager(1983-1984) Agricultural Water Superintendent(1980-1983) Progressively responsible for the daily operation of storage and diversion of Kern River waters. Assured accurate measurement and recording of Kern River water rights structure. Handled irrigation and district customer complaints. Worked with developers and water utilities. Prepared reports of water utility operations. Oversaw the design, drilling and completion of water supply groundwater wells. Supervised the operation of rapidly expanding domestic water system, from 6,000 connection system to over 35,000 in 20 year period. Developed water quality criteria for placing wells. Held positive public relations with news media. Assisted other City departments in technical advice on hydrology, water quality, geology and general water concerns. Developed draft policies for City Water Board review. Represented City in implementing policies on water rights, quality, supply, and environmental matters. Advancing responsibility in negotiating water sales and exchanges, Kern River Watermaster functions and representing City on local,state and national water issues. KERN COUNTY WATER AGENCY Geologist II & 1 (1974-1980) - - Responsible for published Annual Water Supply Report for Kern County. Supervision of groundwater data gathering and mapping for public hearings and reports. Reviewed and presented detailed data for tax hearings. Reviewed CEQA/development projects. Performed technical data gathering assignments, water quality sampling, prepared maps, and data log entries. Groundwater well log interpretation. Supervised technicians in geologic mapping.Trained temp help in field and survey tasks. EDUCATION: Bachelor of Science—Earth Sciences(Geology and Hydrology) California State University Bakersfield, 1974 ADDITIONAL TRAINING AND DEVELOPMENT: City of Bakersfield "Supervisory Excellence & Educational Development" Program; "Management by objective" training course; "Integrated Emergency Management" from FEMA; "Concepts of Groundwater Management", UC Davis; "Water Measurement Workshop", U.S.B.R.; "Water Well Logging Seminar" by Welenco, Inc.; "Schlumberger Log Interpretation" course; "Landsat Satellite Uses", CSUB; "Remote Sensing Technology", UC Santa Barbara; "Managing California Liquid Gold" UCSB Ext. (1995, '96, '97, '98); AWWA "Optimizing Water Utility Management &Operations";CA Co-Op Snow Surveys Technical Workshops (1981-2008). CC Meeting 11105114 14 FLORN R.CORE RESUME'—PAGE 2 SKILLS AND ACCOMPLISHMENTS: ..Guided completion of Homeland Security Act required "Vulnerability Assessment" for domestic water system..Completed final acquisition of Kern River Levee District..Prepared application to State Water Rights Board for un-appropriated Kern River water..Supervised Kern River Watermaster technical functions..Coordinated mitigation plan and construction of a wetlands project on Kern River.-Coordinated City participation in Northeast Bakersfield Water Treatment Plant.-Successfully coordinated defense and plan to remove "2800 Acres" from USF&WS critical habitat designation..Initiated, calculated & executes water rate adjustments..Guided renewal of CA Dept. of Health permit renewal for domestic water system..Sited locations for water wells in "2800 Acres" for maximum production and efficiency..Coordinated RFQ, RFP and negotiated contract for municipal water service contractor..lnitiated and negotiated groundwater sales for City revenue increase of $2M..Prepared state mandated water management plans..Experience in water quality testing, analysis and control..Provided expert testimony and technical support in 1" Pt. (Kern River water rights) trial, appeal, remand trial & second trial..Testified before Regional Water Quality Control Board for limiting oilfield wastewater into unlined canals in Bakersfield..Prepared testimony to CA Water Resources Control Board hearings to prevent water rationing in Bakersfield..Completed and updated domestic water facilities standards..Authored initial drafts of CA Dept of Water Resources agreements for use of City "2800 Acres"..Involved with various water conservation programs..Diverse communication skills and public relations.. Team piayer..Practical and empirical thinker.. Secured and/or Provided City Representation:_Urban Bakersfield Advisory Committee of Kern County Water Agency..Urban Bakersfield State Water Negotiating team..Designated representative to Kern River Watermaster Group..Appointed to City Deferred Compensation Committee..Member of Kern County Museum Water & Ag Committee..5`h Supervisorial District representative to Kern County Water Resources Comm ittee..Water Association of Kern County (past President) & Executive Committee..Kern County Groundwater Quality Committee (past chair).."Tea m Bakersfield"..Negotiating committee of Kern River Riparian Water Rights, LICENSES EARNED: California Class "C" &"M" Drivers License Past holder of California Water Treatment Operator Grade 2 &3 Certifications PROFESSIONAL AF Fl LIATIO NS: American Water Works Association; American Association of Professional Geologists (past); San Joaquin Geoiogic Society (past); California Water Environment Association; Soil and Water Conservation Society (past President). REPORTS AND PUBLICATIONS: Applied Water Quality Surve — 1975 & 1977; Shallow Water Table Survey — 1975, 1979 & 1980; Kern County water Supply Report— 1977, '78, '79 & '80; Agricultural Drainage — 1978; Groundwater Replenishment Program — 1979; Groundwater Quality Investigation for West Bakersfield Rosedale — 1979; Groundwater Pollutant Study — 1980; 2800 Acres Water Quality Improvement Project — 1981; Domestic Water Management Plan — 1985 & 1990; Domestic Water Operations Study— 1988; Notification of Water Quality_Deficiency Plan — 1991; Disaster Response Plan — 1991; Domestic Water Study of Internal/In-House Operations — 1992; _Water Shortage Contingency Plan — 1992; Annual NPDES Stormwater Monitoring Reports — 1995, '97, '99, '01 & '03; Rosedale Rechar a Re po rt—2000;Water Balance Report—2000;The Kern River Purchase (co-author)—2003; "2800 Acres Land & Water Management Report — 2004; Preliminary Plan of Drinking Water Supply & Delivery S stem for Rosedale Ranch Development—2005. CC Meeting 11105114 15 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 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 October 22, 2014, Regular City Council Meetings. STAFF RECOMMENDATION: Staff recommends approval. BACKGROUND: ATTACHMENTS: Description Type ❑ Minutes of October 22 Backup Material CC Meeting 11105114 16 BAK CORPORAT _ BAKERSFIELD CITY COUNCIL MINUTES L MEETING OF OCTOBER 22, 2014 c�LIF Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings-3:30 p.m. and 5:15 p.m. REGULAR MEETING-3:36 p.m. ACTION TAKEN 1. ROLL CALL Present: Vice-Mayor Weir, Councilmembers Rivera, Maxwell, Smith, Hanson, Sullivan (seated 3:39), Johnson Absent: Mayor Hall 2. PUBLIC STATEMENTS None. 3. WORKSHOPS None. 4. CLOSED SESSION a. Conference with Labor Negotiator pursuant to Government Code section 54957.6. b. Conference with Legal Counsel - Potential Litigation for the following: 1. Closed session pursuant to Government Code section 54956.9(d)(2),(e)(2) (one matter) re: 20 year encroachment permit for development at Brundage Square. 2. Closed session pursuant to Government Code section 54956.9(d)(2),(e)(1) (two matters). CC Meeting 11105114 17 Bakersfield, California, October 22, 2014 — Page 2 ACTION TAKEN 5. CLOSED Motion by Councilmember Hanson to adjourn to APPROVED Closed Session at 3:31 p.m. AB HALL Motion by Councilmember Maxwell to adjourn from APPROVED Closed Session at 5:14 p.m. AB HALL Meeting reconvened at 5:23 p.m. 5. CLOSED SESSION ACTION a. Conference with Labor Negotiator pursuant to STAFF WAS GIVEN Government Code section 54957.6. DIRECTION b. Conference with Legal Counsel - Potential Litigation for the following: 1. Closed session pursuant to Government NO REPORTABLE Code section 54956.9(d)(2),(e)(2) ACTION (one matter) re: 20 year encroachment permit for development at Brundage Square. 2. Closed session pursuant to Government ONE MATTER WAS NOT Code section 54956.9(d)(2),(e)(1) (two HEARD,SECOND MATTER matters). STAFF WAS GIVEN DIRECTION 6. ADJOURNMENT Vice-Mayor Weir adjourned the meeting at 5:23 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield CC Meeting 11105114 18 Bakersfield, California, October 22, 2014 - Page 3 REGULAR MEETING-5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Vice-Mayor Weir, Councilmembers Rivera, Maxwell, Smith, Hanson, Sullivan, Johnson Absent: Mayor Hall City Clerk Gafford announced that at the request of staff, Consent Calendar item 8m has been pulled from the agenda and will be heard at the November 5'" meeting. In addition, Consent Calendar items 8.ad.3. and 8.bk. have been pulled from the agenda to be deferred to a future date. Also, Consent Calendar Public Hearings item 9b has been pulled from the agenda and will be heard at the November 19'" meeting. 2. INVOCATION by Vice-Mayor Weir 3. PLEDGE OF ALLEGIANCE by Isabella Rudnick, 3rd Grade Student, Sing Lum Elementary School. 4. PRESENTATIONS None. 5. PUBLIC STATEMENTS a. Jason Cater, Executive Director for Bike Bakersfield, expressed appreciation to the city for the continued investment in the bicycle infrastructure and programs. b. Curtis J. Bingham, Jr., spoke in support of the city and law enforcement, and supported the hiring of more police to keep our city safe. C. Linda Jost requested lower speed limits in Bakersfield and a speed bump installed between Manchester Park and Crystal Cove. Councilmember Smith requested staff look at the speed limits and determine what the the City can do within State guidelines;staff to provide Ms. Jost direction for implementing the requested speed bump. CC Meeting 11105114 19 Bakersfield, California, October 22, 2014 — Page 4 5. PUBLIC STATEMENTS continued ACTION TAKEN d. Richard Jennings spoke in protest of a height violation notice he received for his residential wall on El Rio. Councilmember Hanson referred Mr. Jennings' matter to the Planning and Development Committee to look at the situation and ensure consistency with the enforcement. e. Randa Hunter spoke regarding Code Enforcement Division's involvement in the report of an estate sale on Spruce Street, October 17 and 18, and questioned whether an estate sale matter required sending officers out on the weekend. f. Jeanette Richardson, former Director of the Centennial Foundation Celebration, spoke in support of replacing the bricks and maintaining the Centennial Plaza. g. Tanner Thompson spoke regarding the Golden Empire Transit District; feels the Board is not listening to his comments; and, worries about the future of our wonderful city. Councilmember Johnson recommended the Councilmembers provide their perspective to the new GET Board members regarding a new $50 million facility. Vice-Mayor Weir acknowledged the attendance of BC Political Science Class to learn about City government. 6. WORKSHOPS a. International Association of Chiefs of Police (IACP) Study Implementation Plan 1. Transfer and Appropriate $932,262 Board of State and Community Corrections (BSCC) Trust Funds to the Police Department operating budget within the General Fund for additional personnel and related equipment associated with the IACP Implementation Plan, as presented. CC Meeting 11105114 20 Bakersfield, California, October 22, 2014 — Page 5 6. WORKSHOPS (continued) ACTION TAKEN 2. Transfer and Appropriate $153,250 Board of State and Community Corrections (BSCC) Trust Funds to the Public Works operating budget within the Equipment Management Fund for additional vehicles and related equipment associated with the IACP Implementation Plan, as presented. 3. Transfer and Appropriate $153,250 from the Non-Departmental Budget within the General Fund to the Public Works operating budget within the Equipment Management Fund for additional vehicles and related equipment associated with the IACP Implementation Plan, as presented. 4. Transfer and Appropriate $20,000 from the Non-Departmental Budget within the General Fund to the Public Works Capital Improvement budget within the Capital Outlay Fund to fund the Crime Analyst Office Space expansion Assistant to the City Manager Huot gave a PowerPoint presentation regarding the Implementation Plan for the International Associations of Chiefs of Police Study, and outlined the recommendations of the Plan. Motion by Councilmember Hanson to approve APROVED the transfers and appropriations associated with AB HALL the Implementation Plan. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the September 24, 2014, Regular City Council Meetings. CC Meeting 11105114 21 Bakersfield, California, October 22, 2014 — Page 6 8. CONSENT CALENDAR continued ACTION TAKEN Payments: b. Receive and file department payments from September 12, 2014 to October 9, 2014 in the amount of $32,912,810.38 Self Insurance payments from September 12, 2014 to October 9, 2014 in the amount of $715,896.27 totaling $33,628,706.65 Ordinances: C. First Reading of the following Ordinances amending various sections of the Municipal Code: 1. Amending Section 5.32.160, Subsection FR Y, relating to regulations for Massage/Bodywork Establishments. 2. Amending Sections 8.27.010, 8.80, 010, FR 10.64.020, and 10.64.030 relating to Abatements, Property Maintenance, and Abandoned Vehicles. 3. Amending Section 8.35.020 relating to FR Illicit Discharges into Stormwater System. 4. Amending Section 9.16.101 relating to FR Prohibited Drinking on Streets. 5. Amending Section 10.69.030 relating to REMOVED FOR SEPARATE Permit Applications for Special Events. CONSIDERATION 6. Amending Section 12.56.055 relating to FR Expulsion from City Facilities. 7. Amending Section 15.68.030 relating to Permit to Locate Mobile Home Parks. FR CC Meeting 11105114 22 Bakersfield, California, October 22, 2014 — Page 7 8. CONSENT CALENDAR continued ACTION TAKEN d. First reading of ordinance amending the Official FR Zoning Map in Title 17 of the Municipal Code by changing the zone district from R-2 (Limited Multiple Family Dwelling) to OS (Open Space) on 8.1 acres located at San Lauren Park on the southwest corner of Mohawk Street and Krebs Road. The project is exempt from CEQA. (ZC # 14-0229 - North of the River Recreation and Park District) Resolutions: e. Resolution Identifying Vendors, Healthcare RES 176-14 Plans and Setting Rates for Citywide Health Insurance Plans for Eligible Active and Retired Employees. f. Resolution adopting an amended Conflict of RES 177-14 Interest Code for City of Bakersfield Departments. g. Resolution affirming support for Proposition 13 - REMOVED FOR SEPARATE The People's Initiative to Limit Property CONSIDERATION Taxation. h. Resolution affirming support for the Local Oil REMOVED FOR SEPARATE and Gas Industry. CONSIDERATION i. Resolution authorizing the sale ($1,500) of RES 180-14 surplus Chevrolet Lumina sedan to Bakersfield Homeless Center. j. Resolution authorizing the sale ($15) of surplus RES 181-14 drop off recycling containers to Bakersfield A-R-C (BARC) CC Meeting 11105114 23 Bakersfield, California, October 22, 2014 — Page 8 8. CONSENT CALENDAR continued ACTION TAKEN k. Disposal of Real Property: REMOVED FOR SEPARATE 1. Resolution declaring real property located at CONSIDERATION 6330 Coffee Road surplus to the needs of the City. 2. Agreement with Geoff Gray and Priscilla Gray to purchase said property for $63,000.00 I. Resolution determining that certain Pierce RES 183-14 Manufacturing fire truck parts cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore and purchase Pierce Manufacturing fire truck parts through South Coast Fire Equipment, not to exceed $80,000. M. Resolution declaring its Intention to establish REMOVED FROM THE the City Police and Fire Services Community AGENDA Facilities District No. 2014-1 (Old River Ranch); to levy a special tax therein to finance additional police and fire services required by new development within the community facilities district. n. Resolution to extend the terms of existing RES 184-14 California Water Service Company franchise agreement for the use, transmission, and distribution of water within the City for a period of seven months (to June 30, 2015) under the existing terms and conditions. o. Resolution approving a Labor Compliance RES 185-14 Program for the Urban Bakersfield Water Use Efficiency Project (Proposition 84 Grant Funds). CC Meeting 11105114 24 Bakersfield, California, October 22, 2014 — Page 9 8. CONSENT CALENDAR continued ACTION TAKEN P. Resolutions adding the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report for each: 1. Area 5-72 (north west corner of E. Belle RES 186-14 Terrace & South Mt.Vernon Avenue) 2. Area 4-128 (27 Clyde Street) RES 187-14 3. Area 1-105 (north east corner of Jewetta RES 188-14 Avenue & Brimhall Road) q. 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. 1816 adding Area 1-106 (2827 R01 1816 Mosasco Street) 2. ROI No. 1817 adding Area 4-129 (north R01 1817 west corner of O Street & 17th Street) 3. ROI No. 1818 adding Area 5-73 R01 1818 (2540 Wible Road) 4. ROI No. 1819 adding Area 1-107 R01 1819 (33702 Noriega Road) 5. ROI No. 1820 adding Area 4-130 R01 1820 (815 34th Street) Agreements: r. City Physician Services Agreements: 1. Agreement with Central Valley AGR 14-229 Occupational Medical Group, Inc., (not to exceed $100,000 annually). 2. Agreement with Vernon C. Sorenson, AGR 14-230 M.D. DBA Memorial Occupational Medicine (not to exceed $100,000 annually). CC Meeting 11105114 25 Bakersfield, California, October 22, 2014 — Page 10 8. CONSENT CALENDAR continued ACTION TAKEN S. Agreement with Lennar Fresno, Inc. ($90,000), AGR 14-231 to purchase real property located at the DEED 8047 southeast end of Surfside Street for a domestic water well site. t. Agreement with BMC Stein, LLC ($120,000), to AGR 14-232 purchase real property located north of DEED 8048 Berkshire Road and west of Stine Road for a domestic water well site. U. Purchase real property located in Tract 6916 at Alondra Drive and Becklow Street for a future park site: 1. Agreement with Lennar Homes of AGR 14-233 California, Inc. ($57,600), for the DEED 8049 purchase of said property. 2. Appropriate $57,600 Park Improvement Fund balance to the Recreation and Parks Department's Capital Improvement Budget. V. Agreement with Tempest Interactive Media, AGR 14-234 LLC, (not to $45,000) for the design and development of the Bakersfield Convention and Visitors Bureau website and database system. W. License and Naming Rights Agreement with AGR 14-235 Rabobank N.A. for Rabobank Arena, Theater and Convention Center. X. Approve Collectible Work Authorization for AGR 14-236 Southern California Gas Company for all costs associated with gas line relocations due to the installation of a 16-inch diameter domestic water line along Rosedale Highway from Wedding Lane to Mohawk Street (not to exceed $166,303) CC Meeting 11105114 26 Bakersfield, California, October 22, 2014 — Page 11 8. CONSENT CALENDAR continued ACTION TAKEN Y. Transportation Impact Fee Credit Agreements with S & S Homes of the Central Coast for construction of improvements on: 1. Kern Canyon Road along the frontage of AGR 14-237 Tentative Tract Map 6642 (not to exceed $39,678.43). 2. Panama Lane along the frontage of AGR 14-238 Tentative Tract Map 6678 (not to exceed $45,813). Z. Final Map and Improvement Agreement with AGR 14-239 Lennar Fresno Inc., a California Corporation, for Tract 6758, Unit 2, located north of Taft Highway and west of Mountain Ridge Drive aa. Final Map and Improvement Agreement with AGR 14-240 Summit Capital Ventures, Inc., for Tract 6853 Phase 1, located east of Calloway Drive and north of Langley Road. ab. Amendment No. 2 to Agreement No. 12-151 AGR 12-151(2) with Toter LLC, (no change to compensation, extends term for one year), to continue the supply of refuse, recycling, and green waste carts. ac. Amendment No. 2 to Agreement No. 13-045 AGR 13-045(2) with Ashland, Inc. for assignment of agreement to Solenis, LLC. CC Meeting 11105114 27 Bakersfield, California, October 22, 2014 — Page 12 8. CONSENT CALENDAR continued ACTION TAKEN ad. Beltway Operational Improvements Project REMOVED FOR SEPARATE (TRIP): CONSIDERATION 1. Amendment No. 1 to Agreement No. 13-159 with Union Pacific Railroad Company (UPRR), San Joaquin Valley Railroad Company (SJVR), and the State of California Department of Transportation (CALTRANS) for the construction of Beltway Operational Improvements Project. ($206,500.00*; 80% federally and 20% locally funded). *This is an estimate only. Railroads shall bill on an actual cost basis. 2. Accept bid and award contract to Security Paving Company, Inc. ($81,879,526.20; 80% federally and 20% locally funded) to construct the Project. 3. Consultant Agreement with NV 5 (not to REMOVED FROM THE exceed $9,424,589.31; 80% federally AGENDA and 20% locally funded) for construction management services. 4. Appropriate $8,900,000 of local road fund balances (Gas tax $3,500,000; Utility Surcharge $1,100,000; Transportation Development Funds $2,800,000; Local / County Road funds $1,500,000) to the Capital improvement budgets of the respective funds to pre-fund 100% of local match requirements for the project. ae. Contract Change Order No. 111 to AGR 07-304 Agreement No. 07-304 with Security Paving CCO I I I Company, Inc. (net decrease of $658,067.03; revised not to exceed $32,793,452.81) for the construction of the SR-178 Fairfax Road Interchange Project. (TRIP) CC Meeting 11105114 28 Bakersfield, California, October 22, 2014 — Page 13 8. CONSENT CALENDAR continued ACTION TAKEN af. Contract Change Order No. 1 to Agreement AGR 14-113 No. 14-113 with Granite Construction, Inc. CCo 1 ($291,446.97; revised not to exceed $1 950,361.06) for the project known as Pavement Rehabilitation 2013-2014 Truxtun Avenue - Chester Avenue to "T" Street. Property Acquisition Agreements - TRIP: ag. Agreement with Brenda Thompson ($133,500) AGR 14-242 to purchase real property located at DEED 8050 101 Morrison Street for the Centennial Corridor Project. ah. Agreement with Cathy Jestice also known as AGR 14-243 Cathy White ($129,000) to purchase real DEED 8051 property located at 125 Dunlap Street for the Centennial Corridor Project. ai. Agreement with Lisa A. Turner, Successor AGR 14-244 Trustee of the Velma J.Turner Trust dated April DEED 8052 197 2007 ($135,000) to purchase real property located at 136 Candy Street for the Centennial Corridor Project. aj. Agreement with Gregory and Pamela Hogan AGR 14-245 ($241,000) to purchase real property located at DEED 8053 4416 La Mirada Drive for the Centennial Corridor Project. ak. Agreement with Debra K. McTaggart and AGR 14-246 Cleta R. Bird ($252,000) to purchase real DEED 8054 property located at 4401 La Mirada Drive for the Centennial Corridor Project. al. Agreement with Kenneth and Ruth Jones AGR 14-247 ($283,000) to purchase real property located at DEED 8055 4225 La Mirada Drive for the Centennial Corridor Project. am. Agreement with Leticia Villegas and Bernardo AGR 14-248 Ramirez ($139,000) to purchase real property DEED 8056 located at 100 Dunlap Street for the Centennial Corridor Project. CC Meeting 11105114 29 Bakersfield, California, October 22, 2014 — Page 14 8. CONSENT CALENDAR continued ACTION TAKEN an. Agreement with Curtis and Crystal James AGR 14-249 ($93,000) to purchase real property located at DEED 8057 117 Morrison Street for the Centennial Corridor Project. ao. Agreement with Erin K. Parker and Laura E. AGR 14-250 Parker ($266,000) to purchase real property DEED 8058 located at 3618 Elcia Drive for the Centennial Corridor Project. ap. Agreement with Doris Fleming ($215,000) to AGR 14-251 purchase real property located at 4305 Marella DEED 8059 Way for the Centennial Corridor Project. aq. Agreement with Dorothy Vaughn, Surviving AGR 14-252 Trustee of the James and Dorothy Vaughn DEED 8060 Family Trust ($247,000) to purchase real property located at 4306 La Mirada Drive for the Centennial Corridor Project. ar. Agreement with Dennis Cutler, Melodee Cutler and Don Ray Cutler ($256,000) to purchase AGR 14-253 real property located at 4301 La Mirada Drive DEED 8061 for the Centennial Corridor Project. as. Agreement with Mary Louise Wiley ($140,000) AGR 14-254 to purchase real property located at 22 Morrison DEED 8062 Street for the Centennial Corridor Project. at. Agreement with Ryan and Carrie Zaninovich AGR 14-255 ($118,000) to purchase real property located at DEED 8063 26 Morrison Street for the Centennial Corridor Project au. Agreement with Frank and Mary Pat Miller AGR 14-256 ($235,000) to purchase real property located at DEED 8064 4305 Kentfield Drive for the Centennial Corridor Project. ay. Agreement with Joan Kerr ($295,000) to AGR 14-257 purchase real property located at 4400 Marella DEED 8065 Way for the Centennial Corridor Project. CC Meeting 11105114 30 Bakersfield, California, October 22, 2014 — Page 15 8. CONSENT CALENDAR continued ACTION TAKEN aw. Agreement with Pamela Kay Roberts, Trustee AGR 14-258 of the Pamela Kay Roberts Trust of 2013 DEED 8066 ($131,500) to purchase real property located at 113 Dunlap Street for the Centennial Corridor Project. ax. Agreement with Peter G. Bersentes and Maria AGR 14-259 Chrys, Trustees of the Peter G. Bersentes DEED 8067 Survivor's Trust dated 1/11/1994 ($248,000) to purchase real property located at 4229 La Mirada for the Centennial Corridor Project. ay. Agreement with Bobby R. Hendrix ($241,000) to AGR 14-260 purchase real property located at 4300 DEED 8068 Hillsborough Drive for the Centennial Corridor Project. az. Agreement with Felipe Soltero and Andriana A. AGR 14-261 Gomez De Soltero ($240,000) to purchase real DEED 8069 property located at 604 Montclair Street for the Centennial Corridor Project. ba. Agreement with Maxine Thompson, Trustee of AGR 14-262 the Thompson Family Bypass Trust ($130,000) DEED 8070 to purchase real property located at 201 Williamson Way for the Centennial Corridor Project. bb. Agreement with Tom Hocking and Clark Hurst, AGR 14-263 Co-Trustees of the Highlife Investment Trust; DEED 8071 Lynn Kirkorian, Trustee of the Kirkonan EASEMENT DEED 8072 Family Trust; and Marci Hutson to purchase real property identified as APNs 387-020-27, 297 307 31 for $47,000 for the State Route 178 Widening Project. bc. Agreement with Shanti Developers, LLC to AGR 14-264 purchase real property identified as DEED 8073 APN 387-020-52 for $56,844 for the State Route 178 Widening Project. bd. Agreement with Martin and Patricia Croad to AGR 14-265 purchase real property identified as DEED 8074 APN 387-020-14 for $191,000 for the State Route 178 Widening Project. CC Meeting 11105114 31 Bakersfield, California, October 22, 2014 — Page 16 8. CONSENT CALENDAR continued ACTION TAKEN be. Agreement with Charles and Carol Patrick, AGR 14-266 Trustees of the Patrick Family 2001 Inter Vivos DEED 8075 Trust to purchase real property identified as APNs 387-150-18 & 22 for $61,000 for the State Route 178 Widening Project. bf. Agreement with Rio Bravo Vista I & II, LLC to AGR 14-267 purchase real property at 10615 and 10701 AGR 14-268 Highway 178 for $280,287 for the State DEED 8076 DEED 8077 Route 178 Widening Project. bg. Agreement with Amy L. Zachary ($217,000) to AGR 14-269 purchase real property located at 2401 Bay DEED 8078 Street for the 24th Street Widening Project. bh. Agreement with Timothy James Bachman AGR 14-270 ($336,000) to purchase real property located at DEED 8079 2330 Elm Street for the 24th Street Widening Project. bi. Agreement with Robert and Monica Lizarraga AGR 14-271 ($252,000) to purchase real property located at DEED 8080 2401 Alder Street for the 24th Street Widening Project. Bids: bj. Extend Bid from Kovatch Mobile Equipment, Ontario ($1,080,994.26) for two (2) replacement Fire engines for the Fire Department. bk. Accept bid from Insight Public Sector, Inc. REMOVED FROM THE ($224,624.52), for replacement Juniper® AGENDA switches. bl. Sale of Surplus Colt AR15 rifles: 1. Award bid for purchase of ten (10) Colt LE6933 rifles and sights to LC Action Police Supply, San Jose, California ($13,178.64). CC Meeting 11105114 32 Bakersfield, California, October 22, 2014 — Page 17 8. CONSENT CALENDAR continued ACTION TAKEN 2. Appropriate $13,065 revenue from the sale of surplus rifles (fifteen(15) Colt AR15 A2 rifles and thirteen (13) Colt AR15 A3 rifles) to the Police Department operating budget within the General Fund. bm. Accept bid and approve contract with Equarius Waterworks (not to exceed $716,229.29) for the annual contract to supply water meters. Miscellaneous: bn. Appropriate $161,177.00 Federal Grant Revenues (2014 JAG/Byrne Local Grant from the Bureau of Justice Assistance) to the General Fund Police Operating Budget, to purchase equipment and provide training. bo. Appropriate $96,322 Federal Grant Revenues to the General Fund Police Operating Budget, to fund the Bicycle / Pedestrian Safety and Education Program. bp. Encroachment permit for parking spaces within adopted City of Bakersfield road right of way for a Retail Center at 2125-2333 Brundage Lane, southeast corner of Brundage Lane & Hughes Lane. bq. Harris Road Bike Lane Improvements: 1. Appropriate $104,710 of grant funds from the Remove II Program administered by the San Joaquin Valley Air Pollution Control District to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund for installation of signing and marking for bike lanes along Harris Road from Wible Road to Gosford Road and along Harris Road from Gosford Road to Buena Vista Road. CC Meeting 11105114 33 Bakersfield, California, October 22, 2014 - Page 18 8. CONSENT CALENDAR continued ACTION TAKEN 2. Appropriate $22,290 Capital Outlay Fund balance to the Public Works Department's Capital Improvement budget for said project. Successor Agency Business: br. Receive and file Successor Agency payments from September 12, 2014 to October 9, 2014 in the amount of $721,490.12 City Clerk Gafford announced a staff memorandum has been received requesting item 8.m. be removed from the agenda and deferred until November 5'" Staff memorandums have been received requesting items 8.ad.3 and 8.bk. be removed from the agenda and deferred to a future date. In addition, staff memorandums have been received regarding items 8o and 8w transmitting corrections and exhibits to the documents. Motion by Councilmember Hanson to adopt Consent APPROVED Calendar items 8.a. through 8.br, with the removal AB HALL of item 8.m., 8.ad.3., and 8.bk. with separate consideration of items 8.c.5, 8.g., 8.h., 8.k., and 8.ad. C. First Reading of the following Ordinances amending various sections of the Municipal Code: 5. Amending Section 10.69.030 relating to FR Permit Applications for Special Events. Motion by Councilmember Smith to change the APPROVED 45 day permit period to 30 days. NS WEIR, MAXWELL, SULLIVAN AB HALL g. Resolution affirming support for Proposition 13 - RES 178-14 The People's Initiative to Limit Property Taxation. Motion by Councilmember Johnson to adopt the APPROVED resolution. AB HALL CC Meeting 11105114 34 Bakersfield, California, October 22, 2014 - Page 19 8. CONSENT CALENDAR continued ACTION TAKEN h. Resolution affirming support for the Local Oil RES 179-14 and Gas Industry. Councilmember Johnson recused himself from this item to avoid the perception of a conflict. Nick Ortiz, representing Western States Petroleum Association and Tracey Leach, Kern Citizens for Energy, representing companies that account for the bulk of petroleum exploration and production were present. Councilmember Maxwell requested staff talk with Mr. Ortiz and Ms. Leach. He requested this resolution be sent to everyone important, the Governor of California and the League of California Cities; and urge the League to conduct at their next large event a session to discuss the importance of oil and understand tracking. Motion by Councilmember Maxwell to approve APPROVED the Resolution. ABS JOHNSON AB HALL k. Disposal of Real Property: 1. Resolution declaring real property located at RES 182-14 6330 Coffee Road surplus to the needs of the City. 2. Agreement with Geoff Gray and Priscilla AGR 14-228 Gray to purchase said property for $63,000.00 DEED 8046 Motion by Councilmember Maxwell to approve APPROVED the Resolution and Agreement. AB HALL ad. Beltway Operational Improvements Project (TRIP): 1. Amendment No. 1 to Agreement No. AGR 13-159(1) 13-159 with Union Pacific Railroad Company (UPRR), San Joaquin Valley Railroad Company (SJVR), and the State of California Department of Transportation (CALTRANS) for the construction of Beltway Operational CC Meeting 11105114 35 Bakersfield, California, October 22, 2014 — Page 20 8. CONSENT CALENDAR continued ACTION TAKEN Improvements Project. ($206,500.00*; 80% federally and 20% locally funded). *This is an estimate only. Railroads shall bill on an actual cost basis. 2. Accept bid and award contract to AGR 14-241 Security Paving Company, Inc. ($81,879,526.20; 80% federally and 20% locally funded) to construct the Project. 3. Consultant Agreement with NV 5 (not to REMOVED FROM THE exceed $9,424,589.31; 80% federally AGENDA and 20% locally funded) for construction management services. 4. Appropriate $8,900,000 of local road fund balances (Gas tax $3,500,000; Utility Surcharge $1,100,000; Transportation Development Funds $2,800,000; Local / County Road funds $1,500,000) to the Capital improvement budgets of the respective funds to pre-fund 100% of local match requirements for the project. Councilmember Rivera requested staff be attentive to work being done on the project by sub-consultant High-light Electric. Motion by Councilmember Rivera to approve the item with the removal of number 3. In response to Councilmember Maxwell's concerns regarding the need to improve our current city roads, Assistant to the City Manager Huot recommended that with the upcoming budget process we can re- evaluate the 5 year CIP plan and potentially include some of those conditions in that CIP process. Motion by Councilmember Maxwell to approve item FAILED , 8.ad. with the removal of item number 3 and deferral NS WEIR, SMITH HANSON, SULLIVAN, SMITH, of item number 4 until the November 5t" meeting. JOHNSON AB HALL CC Meeting 11105114 36 Bakersfield, California, October 22, 2014 — Page 21 8. CONSENT CALENDAR continued ACTION TAKEN Motion by Councilmember Rivera to approve this APPROVED item, with the exception of item 3 which was removed AB HALL by staff. 9. CONSENT CALENDAR PUBLIC HEARINGS a. Resolution adopting fees pursuant to the cost RES 189-14 recovery system. b. A public hearing ordering the vacation of the REMOVED FROM THE public utility easement as created with Tract AGENDA Map 6444, Phase 2, within Lot 94, located in The Seasons Development, bordered by Paladino Drive to the north and Panorama Drive to the south. City Clerk Gafford announced a staff memorandum has been received requesting item 9b be removed from the agenda. This hearing will be rescheduled for the November 19, 2014 Council meeting. Consent Calendar Public Hearings opened at 6:40 p.m. No one spoke. Consent Calendar Public Hearings closed at 6:41 p.m. Motion by Councilmember Hanson to adopt Consent APPROVED Calendar Public Hearings item 9.a. AB HALL 10. HEARINGS None. 11. REPORTS a. Centennial Plaza Surfaces 1. Appropriate $270,000 Capital Outlay Fund Balance to the Public Works Capital Improvement budget within the Capital Outlay Fund for the Centennial Plaza Surface Improvements and Fountain. (Staff recommends approval of the plan, including the selection of a fountain design and approve the appropriation.) CC Meeting 11105114 37 Bakersfield, California, October 22, 2014 — Page 22 11. REPORTS continued ACTION TAKEN Assistant to the City Manager Huot provided a PowerPoint presentation and outlined the recommendations for improving, replacing and relocating the teal tiles and bricks, and design options for the Plaza fountain. In addition, citizens, who have had a the removed by the City, will be encouraged to contact the City Manager's Office to have their the or brick replaced at no cost to them. Motion by Councilmember Maxwell to approve the plan and approve the full moon fountain design. Councilmember Johnson amended the motion to move forward with staff's recommendation with the addition that at the next Community Services Committee meeting that the agenda address the granite slabs that would have to be removed, only the one's with engraving, to not only replace them, but to find a new home for them within the plaza; and after that, it is to come back to Council at the next subsequent Council meeting. Councilmember Maxwell accepted Councilmember Johnson's motion as a friendly amendment. City Attorney Gennaro restated Councilmember APPROVED Maxwell's amended motion, to approve staff's AB HALL recommendations, as presented, and proceed with option number one on the round fountain; refer the issue of granite slabs to the next Community Services Committee; and staff to provide ways to replace and find new homes for the granite slabs; and, bring that recommendation back to the Council at the meeting after. 12. DEFERRED BUSINESS 13. COUNCIL AND MAYOR STATEMENTS Councilmember Maxwell requested staff provide a tally of the number of properties in the Centennial Corridor that have been purchased by the City and are being rented back to the original owners, and explain what liabilities the City may face in renting those properties back. CC Meeting 11105114 38 Bakersfield, California, October 22, 2014 - Page 23 13. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Maxwell stated, regarding Ms. Hunter's public statement concerning Code Enforcement's response to a weekend yard sale, he would like the following information: are Code Enforcement Officers typically out on Saturdays; how many were out this past Saturday, how many wards were covered, where they went, how much it cost in overtime; who directed or approved the use of these Code Enforcement Officers to evaluate whether someone had to have more than 2 yard sales in a year's time; how does a Councilmember or citizen arrange for a Code Enforcement Officer to come out on a Saturday, and, is that what we should expect in the future department policy when someone suspects one of their neighbors has more than 2 yard sales in a year, whether it rises to the level of sending out officers. Councilmember Maxwell requested to know if there were any drafts sent to the City prior to the July draff; particularly another draft which may reveal the City needs more officers. Councilmember Maxwell announced he attended the DBA's quarterly meeting and learned that the landscape design of 241h Street is 35% complete; there are plans to meet with the community to participate in the landscape design selection process; and the city is 15% along with the Hageman Flyover project. Councilmember Maxwell requested staff find out who owns the boarded up property at the corner of 24th and Spruce, and requested that it be cleaned up. Councilmember Maxwell requested the Legislative and Litigation Committee discuss the possibility of generating a new fee on new construction projects to aid in funding more Police Officers. Councilmember Maxwell thanked staff and Councilmember Johnson for donating their time to serve dinner at a Chamber of Commerce Fundraiser at his restaurant. CC Meeting 11105114 39 Bakersfield, California, October 22, 2014 — Page 24 13. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Johnson reminded the public of the Hosking Road Interchange groundbreaking on Friday at 11:00 a.m. Councilmember Hanson congratulated staff on their efforts to keep the city clean and graffiti-free; and encouraged staff to find opportunities to penalize the perpetrators of graffiti in our community. Councilmember Hanson requested staff look at the timing of the signals at the intersection of 21s' and F streets. Councilmember Hanson requested staff research whether more street lights are needed on Scarlett Oak, south of Ming Avenue as it is very dark on that street and there is a concern of vandalism and break-ins. Councilmember Hanson stated he had code enforcement issues on weekends in prior years, and that may explain why some of the Code Enforcement Officers respond on Saturdays. Councilmember Hanson indicated 33,000 red light infractions and the speeding is at 12,000. This carelessness is becoming an epidemic. Councilmember Hanson repeated his support for Mr. Jenkins's wall violation matter to be considered at the Planning and Development Committee. Councilmember Hanson stated he hoped Mr. Tandy and the Mayor feel better. Councilmember Smith stated his support for the Rabobank name rights continuance; the bike lanes and safety grant for OTS for education is positive; and announced development continues in Ward 4 with the Riverwalk development with Nordstroms, Bevmo and TJ Maxx. Councilmember Sullivan requested litter on the Freeway 99 on-ramp going north be picked up; and staff to address the graffiti on the street sign on the overpass at Wilson Road. CC Meeting 11105114 40 Bakersfield, California, October 22, 2014 - Page 25 13. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Sullivan stated her enthusiasm regarding the proposal for the Centennial Plaza. Councilmember Rivera requested a list of the property owners on Martin Luther King between California and Brundage Lane to determine who owns vacant and unmaintained land. Councilmember Rivera addressed the issue of an overhead freeway sign indicating Bakersfield is 8 miles away, and then shortly after that is the "Welcome to Bakersfield" sign. Vice-Mayor Weir indicated he is excited about the funding and the AICP Implementation Plan. Vice-Mayor Weir announced to Mayor Hall to hurry back, that he is missed. 14. ADJOURNMENT Mayor Hall adjourned the meeting at 7:45 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield CC Meeting 11105114 41 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 CONSENT - Payments b. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 10/23/2014 WARD: SUBJECT: Receive and file department payments from October 10, 2014 to October 23, 2014 in the amount of $15,928,380.40 Self Insurance payments from October 10, 2014 to October 23, 2014 in the amount of $312,405.85 totaling $16,240,786.25 STAFF RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: ATTACHMENTS: Description Type ❑ 1-AP Check Register Admin 11-05-14 Cover Memo ❑ 2-EPay Check Register Admin 11-05-14 Cover Memo CC Meeting 11105114 42 10/23/2014 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1 FROM 10/10/2014 TO 10/23/2014 Check Vendor Number Number Vendor Name Check Date Check Amount 603363 10047 BAKERSFIELD LAND & CATTLE LLC 10/10/2014 731.28 603364 10047 BLAND SOLAR 10/10/2014 75.00 603365 10037 BRIAN BALES 10/10/2014 380.00 603366 10047 CITY SANDWICH CO 10/10/2014 18.48 603367 10047 COLLEGE COFFEE & DONUTS 10/10/2014 129.33 603368 10047 EDWARD P JORGE 10/10/2014 13.66 603369 10047 EYE DOG FOUNDATION 10/10/2014 35.05 603370 16912 JOHN BALFANZ HOMES INC 10/10/2014 168,457.30 603371 4429 KERN COUNTY AUDITOR CONTROLLER 10/10/2014 11,864.82 603372 4435 KERN COUNTY CLERKS 10/10/2014 200.00 603373 10047 LA VILLA MEXICAN RESTAURANT 10/10/2014 137.00 603374 10047 LEE ROY MEIER 10/10/2014 228.81 603375 10047 LOVEPREET SINGH 10/10/2014 390.81 603376 10047 OLIVE &JEWETTA LP 10/10/2014 329.40 603377 10047 R D STEWART 10/10/2014 37.83 603378 10047 ROBERT W CLERICO TR 10/10/2014 35.31 603379 10047 SARKU JAPAN 10/10/2014 41.30 603380 70126 SIERRA OAKS PARTNERS LLC 10/10/2014 4,561.00 603381 10047 SO CHESTER APT/DR SANDHU 10/10/2014 785.63 603382 10047 TOMMIES HAMBURGERS 10/10/2014 10.16 603383 10037 VICTOR ROSALES 10/10/2014 105.00 603384 10047 WORD OF LIFE MINISTRIES 10/10/2014 17.75 603385 10047 YOUSEF RAJA 10/10/2014 114.56 603386 10047 24 HOUR FITNESS#164 10/10/2014 116.47 603387 10047 ALL WEATHER ROOFING 10/10/2014 488.32 603388 10047 BAK CITY SCH DIST-VINELAND 10/10/2014 953.72 603389 10047 BUCK OWENS HOTEL LP 10/10/2014 620.10 603390 10047 CESAR CHAVEZ FOUNDATION 10/10/2014 192.67 603391 10047 CHURCH OF JESUS CHRIST OF LDS 10/10/2014 620.24 603392 10047 CLARK BROS INC 10/10/2014 217.38 603393 10047 COBBLESTONE CONTAINER SVC 10/10/2014 232.25 603394 2468 DEPARTMENT OF JUSTICE 10/10/2014 728.00 603395 26953 DIVISION OF THE STATE ARCHITECT 10/10/2014 3,164.00 603396 3450 GRANITE CONSTRUCTION INC 10/10/2014 152,587.23 603397 10047 JP CONSTRUCTION 10/10/2014 1,632.92 603398 10047 MARTIR CONTRACTING INC 10/10/2014 396.21 603399 10047 MOBILE MODULAR MGMT CORP 10/10/2014 226.15 603400 10047 O'REILLY AUTO PARTS 10/10/2014 849.38 603401 10047 SPEDIACCI CONSTRUCTION 10/10/2014 460.27 603402 10047 STEVE JULIUS CONSTRUCTION 10/10/2014 703.22 603403 10047 TARGET#2715 % REPUBLIC SERV 10/10/2014 888.24 603404 10047 WABO LANDSCAPE & CONSTRUCTION 10/10/2014 345.65 603405 10047 YELLOW JACKET DRILLING 10/10/2014 230.27 603406 10047 7 UP COMPANY 10/10/2014 454.36 603407 10204 ASSOCIATION BKFD POLICE OFFICER FCU 10/10/2014 13,904.16 603408 10211 BAKERSFIELD FIREMEN 10/10/2014 8,491.61 603409 10200 BAKERSFIELD FIREMEN RELIEF ASS 10/10/2014 8,367.32 603410 10203 BAKERSFIELD POLICE BENEFIT 10/10/2014 23,621.30 603411 10198 KERN COUNTY PUBLIC EMP ASSOC 10/10/2014 714.95 603412 10205 MUTUAL BENEFIT ASSOCIATION 10/10/2014 2,215.62 603413 26810 RELIASTAR LIFE INSURANCE CO 10/10/2014 835.73 603414 22324 SEIU LOCAL 521 10/10/2014 20,217.27 S:\Accounting\Dawn T\Admin -Council\2014\COUNCIL-ADMIN-2014\ CC Meeting 11105114 43 10/23/2014 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 10/10/2014 TO 10/23/2014 Check Vendor Number Number Vendor Name Check Date Check Amount 603415 18484 AT&T 10/16/2014 16,573.43 603416 27712 A-1 PRECISION BUILDERS 10/16/2014 1,275.00 603417 10129 ABATECO 10/16/2014 5,500.00 603418 20576 ACTION GLASS INC 10/16/2014 91.66 603419 15433 ADVANCE MOBILE SECURITY 10/16/2014 45.00 603420 26688 AIR EXCHANGE 10/16/2014 987.50 603421 26040 ALPHA& OMEGA GARDENING 10/16/2014 1,085.50 603422 23588 ALUMINUM CHUCK WAGON 10/16/2014 4,872.39 603423 27366 AMERICAN MESSAGING 10/16/2014 125.24 603424 1049 APPLIED LNG TECHNOLOGIES 10/16/2014 17,534.90 603425 22588 ARROWHEAD FORENSICS 10/16/2014 1,574.60 603426 455 ARROWHEAD MOUNTAIN SPRING WATER 10/16/2014 542.65 603427 20250 ASBESTOS SERVICES IN 10/16/2014 3,990.00 603428 520 AUTO TINT WEST INC 10/16/2014 564.32 603429 536 AVERY ASSOCIATES 10/16/2014 3,150.00 603430 25940 ANTHONY BACA 10/16/2014 240.00 603431 10320 BAKERSFIELD HOMELESS CENTER 10/16/2014 55,106.10 603432 841 BAKERSFIELD RUBBER STAMP CO 10/16/2014 148.03 603433 850 BAKERSFIELD SENIOR CENTER 10/16/2014 7,606.52 603434 11248 BANKS PEST CONTROL 10/16/2014 1,610.00 603435 557 BARC 10/16/2014 70.00 603436 13424 BARNES WELDING SUPPLY 10/16/2014 763.62 603437 945 BARNETT'S TOWING SERVICE INC 10/16/2014 70.00 603438 18398 BATTERY SYSTEMS 10/16/2014 598.90 603439 20484 PAUL BENDER 10/16/2014 160.00 603440 21172 BLACKHOLE TECHNOLOGIES INC 10/16/2014 2,201.22 603441 1175 BOBS WHOLESALE AUTO GLASS 10/16/2014 542.88 603442 22817 BORN AGAIN BODYWORKS 10/16/2014 13,501.45 603443 14989 BOXES, BAGS, & LABELS 10/16/2014 3,086.33 603444 1249 BRANDCO 10/16/2014 1,123.54 603445 24464 CLAUDE BROWN 10/16/2014 180.00 603446 16565 BTE COMMUNICATIONS LLC 10/16/2014 190.00 603447 10267 BUDGET BOLT INC 10/16/2014 336.64 603448 23090 BURTONS FIRE INC 10/16/2014 406.43 603449 25645 C N F CONSTRUCTION INC 10/16/2014 1,930.00 603450 16974 CERTEX WEST USA INC 10/16/2014 140.01 603451 1888 CHAMPION HARDWARE 10/16/2014 4,207.37 603452 27935 MARY CHELOSSI 10/16/2014 200.00 603453 18157 SAM CHERNABAEFF 10/16/2014 10.94 603454 12172 CITY OF SHAFTER 10/16/2014 1,980.63 603455 22923 CARYN CLAIBORNE 10/16/2014 240.04 603456 12929 CODE 3 UNIFORMS 10/16/2014 2,011.63 603457 1153 COLE FARMER INSTRUMENT CO 10/16/2014 483.14 603458 27509 CONTRERAS, ANGEL 10/16/2014 180.00 603459 12532 COUNTY OF KERN INFORMATION 10/16/2014 12,000.00 603460 10285 CRIDER CONSTRUCTION INC 10/16/2014 21,142.14 603461 2245 CROCKER JANITORIAL SUPPLY CO 10/16/2014 1,831.80 603462 22504 WESTERN FARM SERVICE 10/16/2014 16,616.06 603463 27218 CUMMINS PACIFIC LLC 10/16/2014 226.04 603464 27296 D & D DISPOSAL INC 10/16/2014 800.00 603465 25337 DAVES FLEET MAINT &TOWING 10/16/2014 35.00 603466 25962 DEFINITI HEALTHCARE MANAGEMENT 10/16/2014 97.16 S:\Accounting\Dawn T\Admin -Council\2014\COUNCIL-ADMIN-2014\ CC Meeting 11105114 44 10/23/2014 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 3 FROM 10/10/2014 TO 10/23/2014 Check Vendor Number Number Vendor Name Check Date Check Amount 603467 2442 DELANEY&AHLF DIESEL SERVICE 10/16/2014 34.03 603468 12372 DELTA TESTING SERVICES INC 10/16/2014 755.00 603469 2469 DEPARTMENT OF JUSTICE 10/16/2014 320.00 603470 24213 DIAMOND H HAULING 10/16/2014 600.00 603471 25742 DISCOUNT RADIATOR CENTER 10/16/2014 778.65 603472 26948 DUSTIN DODGIN 10/16/2014 75.00 603473 2752 ELBERT DISTRIBUTING 10/16/2014 272.66 603474 27898 ELECTRICAL SYSTEMS & INST INC 10/16/2014 1,087.00 603475 13754 TERRI ELISON 10/16/2014 650.00 603476 2811 ENTENMANN ROVIN CO 10/16/2014 484.71 603477 2830 EWING IRRIGATION PRODUCTS 10/16/2014 121.29 603478 2901 FEDEX 10/16/2014 120.90 603479 12091 CHRISTOPHER FEOLA 10/16/2014 115.00 603480 19657 FIRST CHOICE 10/16/2014 87.50 603481 25339 FLEET SERVICES TOWING INC 10/16/2014 70.00 603482 26311 MARTY J. FLOWERS 10/16/2014 180.00 603483 3028 FLOYDS GENERAL STORE 10/16/2014 510.93 603484 22966 FORENSIC NURSE SPECIALISTS INC 10/16/2014 3,000.00 603485 3213 GALLS/QUARTERMASTER 10/16/2014 59.70 603486 19119 GARVEY EQUIPMENT CO 10/16/2014 539.32 603487 3333 JOHN GERMANETTI 10/16/2014 69.85 603488 18648 MICHAEL GERRITY 10/16/2014 250.00 603489 3358 GILLIAM & SONS INC 10/16/2014 26,064.00 603490 18722 GLOBALSTAR USA 10/16/2014 54.09 603491 3403 GOLDEN STATE PETERBILT 10/16/2014 889.74 603492 22074 GOODWIN PROCTER LLP 10/16/2014 6,996.45 603493 3450 GRANITE CONSTRUCTION INC 10/16/2014 669,566.82 603494 3452 GRAYBAR ELECTRIC COMPANY 10/16/2014 240.31 603495 3466 GREATER BAKERSFIELD CHAMBER OF 10/16/2014 945.00 603496 21040 MATTHEW GREGORY 10/16/2014 250.00 603497 3537 GUNDLACH PLUMBING AIR CONDITIONING 10/16/2014 1,813.47 603498 12439 GUNDLACHS 10/16/2014 2,788.63 603499 3569 H & S BODY WORKS &TOWING 10/16/2014 1,185.38 603500 3593 HALL LETTER SHOP 10/16/2014 1,650.13 603501 26652 APRIL HARES 10/16/2014 50.00 603502 20491 BRIAN HOLCOMBE 10/16/2014 160.00 603503 25159 ID WHOLESALER 10/16/2014 760.00 603504 3983 INTERNATIONAL ASSOC OF CHIEFS 10/16/2014 99,875.00 603505 20795 IPC USA INC 10/16/2014 77,050.85 603506 4089 J & E RESTAURANT SUPPLY INC 10/16/2014 458.55 603507 27639 J P TRANSPORTATION SVC INC 10/16/2014 1,750.00 603508 420 JACK C ARBUCKLE COMPANY 10/16/2014 130.88 603509 11855 JACK DAVENPORT SWEEPING SERVIC 10/16/2014 98.00 603510 26694 JACOBSEN WEST 10/16/2014 111.97 603511 19729 JAMES WOMACK 10/16/2014 300.00 603512 26387 JIM BURKE FORD 10/16/2014 42,349.06 603513 13302 MELVIN JOHNSON 10/16/2014 250.00 603514 19554 K& R TOWING 10/16/2014 235.00 603515 4550 KERN COUNTY SUPT OF SCHOOLS 10/16/2014 1,110.38 603516 4677 KERN REFUSE DISPOSAL, INC 10/16/2014 1,162,579.45 603517 4700 KERN SECURITY SYSTEMS 10/16/2014 864.00 603518 4701 KERN SPRINKLER LANDSCAPING INC 10/16/2014 2,817.00 S:\Accounting\Dawn T\Admin -Council\2014\COUNCIL-ADMIN-2014\ CC Meeting 11105114 45 10/23/2014 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 4 FROM 10/10/2014 TO 10/23/2014 Check Vendor Number Number Vendor Name Check Date Check Amount 603519 26949 JOHN KLAWIKOWSKI 10/16/2014 120.00 603520 12552 KURB KUT 10/16/2014 399.00 603521 27235 LAKE TAHOE RESORT HOTEL 10/16/2014 491.46 603522 27048 LEAD RECLAMATION 10/16/2014 61.70 603523 5080 DWAYNE LEVINGSTON 10/16/2014 52.84 603524 21045 JUSTIN LEWIS 10/16/2014 45.00 603525 25066 LEXISNEXIS RISK DATA MGMT 10/16/2014 420.55 603526 19345 BARBARA LOMAS 10/16/2014 100.00 603527 18492 M & S SECURITY SERVICES 10/16/2014 2,730.00 603528 26714 MARK THOMAS AND COMPANY INC 10/16/2014 100,264.34 603529 5328 MCCAIN TRAFFIC SUPPLY 10/16/2014 65,133.63 603530 14119 METRO RECORD STORAGE 10/16/2014 44.75 603531 18520 METROPOLITAN RECYCLING LLC 10/16/2014 123,757.74 603532 26501 MFASCO HEALTH & SAFETY 10/16/2014 480.57 603533 13288 MICHAEL BURGER &ASSOCIATES 10/16/2014 4,000.00 603534 24077 MICHEL AUTO TECH 10/16/2014 4,072.93 603535 25269 MONTELONGO, JOE 10/16/2014 120.00 603536 17383 LISA MOTON 10/16/2014 42.70 603537 5708 MOTOROLA INC 10/16/2014 398.90 603538 26101 MULOCK FAMILY TRUST 10/16/2014 181.07 603539 12273 NATIONAL NOTARY ASSOCIATION 10/16/2014 33.00 603540 18888 NIEMEYER &ASSOCIATES P.C. 10/16/2014 2,789.94 603541 25752 NISHIKAWA PROPERTY MAINTENANCE 10/16/2014 7,451.84 603542 24167 NOLTE ASSOCIATES INC 10/16/2014 122,472.83 603543 27943 NORTHEAST WISCONSIN TECHNICAL COLLE 10/16/2014 350.00 603544 5930 HAJIR NURIDDIN 10/16/2014 225.00 603545 22301 OVERLAND PACIFIC & CUTLER INC 10/16/2014 202,132.78 603546 24029 PAYLESS TOWING 10/16/2014 70.00 603547 25270 PENINSULA MESSENGER 10/16/2014 275.28 603548 27514 CHARLIE PHILLIPS 10/16/2014 120.00 603549 19086 PICKUP TECH COLLISION PARTS 10/16/2014 53.70 603550 17911 PLCS PLUS INTERNATIONAL INC 10/16/2014 312.50 603551 24581 MICHAEL POPICHAK 10/16/2014 120.00 603552 27153 PREMIER TRAVEL MEDIA 10/16/2014 2,695.00 603553 27625 PROTECTION FORCE PRIVATE SECURITY I 10/16/2014 920.00 603554 26530 R BRUCE WALKER ED D 10/16/2014 7,325.00 603555 20713 RANDY'S TOWING 10/16/2014 3,810.00 603556 27515 GREG RULOPH 10/16/2014 120.00 603557 10014 JOHN W RYAN 10/16/2014 90.00 603558 19102 NORI SANCHEZ 10/16/2014 157.00 603559 27361 SC FUELS 10/16/2014 20,464.93 603560 27558 RICHARD SCHWARTZ 10/16/2014 75.00 603561 22839 SECURITY PAVING CO INC 10/16/2014 964,028.45 603562 26203 SIERRA CONST & EXCAVATION INC 10/16/2014 73,962.53 603563 27641 ANGIE SIERRA RVT 10/16/2014 100.00 603564 22473 SOILS ENGINEERING 10/16/2014 72,885.00 603565 23456 VERNON SORENSON MD INC 10/16/2014 9,374.25 603566 24476 ROBERT SOTO 10/16/2014 240.00 603567 22620 SOUTHWEST LIFT & EQUIPMENT INC 10/16/2014 1,445.00 603568 18357 SOUTHWEST VETERINARY HOSPITAL 10/16/2014 35.60 603569 25502 SPARTAN TRUCK CO INC 10/16/2014 77.77 603570 27534 SARA STAHL 10/16/2014 134.40 S:\Accounting\Dawn T\Admin -Council\2014\COUNCIL-ADMIN-2014\ CC Meeting 11105114 46 10/23/2014 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 5 FROM 10/10/2014 TO 10/23/2014 Check Vendor Number Number Vendor Name Check Date Check Amount 603571 21776 MARY STREBEL CHRISTINE 10/16/2014 157.00 603572 24423 DAVID STRONG 10/16/2014 75.00 603573 26369 T Y LIN INTERNATIONAL INC 10/16/2014 17,189.61 603574 20630 T-MOBILE USA 10/16/2014 50.00 603575 22165 TECH DISTRIBUTION &TIRE SUPPLY 10/16/2014 770.93 603576 24662 TED'S TURF LANDSCAPING MAINT 10/16/2014 525.00 603577 26091 TEHACHAPI POLICE DEPT 10/16/2014 1,404.95 603578 25338 TEN EIGHT TOW INC 10/16/2014 35.00 603579 26279 CHRISTI TENTER 10/16/2014 256.81 603580 70011 TERRY BEDFORD CONCRETE 10/16/2014 895.00 603581 22136 MAXINE THOMPSON 10/16/2014 1,050.00 603582 11351 TKAC, JEFFERY G 10/16/2014 50.00 603583 27207 JON TODAHL 10/16/2014 60.00 603584 25638 TW TELECOM 10/16/2014 2,931.18 603585 13216 U S BANK TRUST NA 10/16/2014 5,390.00 603586 19599 ULTREX BUSINESS PRODUCTS 10/16/2014 980.19 603587 26780 UNIVERSAL BACKGROUND SCREENING INC 10/16/2014 489.00 603588 26060 VANGUARD CLEANING SYSTEMS 10/16/2014 450.00 603589 1286 VBI PAINTING 10/16/2014 8,828.75 603590 20601 VERIZON WIRELESS 10/16/2014 50.04 603591 25957 PATRICK WADE 10/16/2014 50.00 603592 4141 WATTENBARGER DO IT CENTER 10/16/2014 175.94 603593 26447 WESTCOAST HYDRAULICS 10/16/2014 10,944.90 603594 8936 WESTERN EXTERMINATOR COMPANY 10/16/2014 655.00 603595 8995 WHOLESALE FUELS 10/16/2014 3,494.33 603596 27746 BRYAN WILLIAMS 10/16/2014 100.00 603597 18162 HEATHER MARIE WILLIAMS 10/16/2014 90.00 603598 15429 MASON WOESSNER 10/16/2014 45.00 603599 26909 YORK RISK SERVICES GROUP INC 10/16/2014 12,862.65 603601 78 ADVANCED DISTRIBUTION CO 10/16/2014 6,547.95 603602 12516 AIMS 10/16/2014 1,863.00 603603 27438 ANDREWS, TESSA 10/16/2014 254.20 603604 11684 BAKERSFIELD CALIFORNIAN 10/16/2014 183.00 603605 11572 C P R S 10/16/2014 1,500.00 603606 16577 CALIFORNIA COOPERATIVE SNOW SURVEYS 10/16/2014 220.00 603609 1696 CALIFORNIA WATER SERVICE 10/16/2014 66,650.55 603610 1941 CHEVRON U S A 10/16/2014 2,126.31 603611 1944 CHICAGO TITLE COMPANY INC 10/16/2014 241,784.20 603612 1944 CHICAGO TITLE COMPANY INC 10/16/2014 275,832.20 603613 1944 CHICAGO TITLE COMPANY INC 10/16/2014 152,298.20 603614 1944 CHICAGO TITLE COMPANY INC 10/16/2014 256,747.20 603615 1944 CHICAGO TITLE COMPANY INC 10/16/2014 242,684.20 603616 1944 CHICAGO TITLE COMPANY INC 10/16/2014 270,811.20 603617 11937 CITY OF BAKERSFIELD 10/16/2014 5,692.13 603618 11656 DOUBLETREE BY HILTON HOTEL ONTARIO 10/16/2014 382.54 603619 11656 DOUBLETREE BY HILTON HOTEL ONTARIO 10/16/2014 382.54 603620 26312 EPIC CARD SERVICES 10/16/2014 1,141.16 603621 27937 ERNEST RAY & DEBORAH C FLIPPIN 10/16/2014 2,365.00 603622 27937 ERNEST RAY & DEBORAH C FLIPPIN 10/16/2014 268.34 603623 2959 FIRST AMERICAN TITLE COMPANY 10/16/2014 232,350.00 603624 2959 FIRST AMERICAN TITLE COMPANY 10/16/2014 247,891.00 603625 7509 GAS COMPANY 10/16/2014 243.88 S:\Accounting\Dawn T\Admin -Council\2014\COUNCIL-ADMIN-2014\ CC Meeting 11105114 47 10/23/2014 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 6 FROM 10/10/2014 TO 10/23/2014 Check Vendor Number Number Vendor Name Check Date Check Amount 603628 3427 GRAINGER INC, W W 10/16/2014 4,108.69 603630 3488 GREENFIELD COUNTY WATER DIST 10/16/2014 2,155.52 603634 7933 HOME DEPOT 10/16/2014 4,010.35 603635 3942 I I M C 10/16/2014 375.00 603636 15085 K C L E F 10/16/2014 200.00 603637 15678 LAMAR ADVERTISING 10/16/2014 150,000.00 603638 19466 SUSAN MAGANA 10/16/2014 256.74 603639 5700 LISA MOTON 10/16/2014 67.05 603640 12273 NATIONAL NOTARY ASSOCIATION 10/16/2014 178.72 603641 27646 OBSIDIAN TRAINING SOLUTIONS 10/16/2014 2,500.00 603643 6114 PACIFIC GAS & ELECTRIC COMPANY 10/16/2014 2,923.89 603648 27911 PORTERVILLE FORD 10/16/2014 5,039.72 603649 1318 ROCK BOTTOM INCORPORATED 10/16/2014 37,500.00 603650 27936 ROSA ELENA&JUAN LUIS CAHUE 10/16/2014 1,307.50 603651 27936 ROSA ELENA&JUAN LUIS CAHUE 10/16/2014 1,307.50 603652 7096 SJVAPCD 10/16/2014 1,064.00 603653 27342 SPOHN RANCH, INC. 10/16/2014 28,474.79 603654 7636 STATE WATER RESOURCES CONTROL BOARD 10/16/2014 600.00 603655 27271 TRAFFIC DEVELOPMENT SERVICES INC 10/16/2014 2,018.10 603656 15212 U.S BEHAVIORAL HEALTH PLAN 10/16/2014 1,118.81 603657 8611 VAUGHN WATER CO INC 10/16/2014 5,525.58 603658 24966 GREG WILLIAMSON - PETTY CASH 10/16/2014 638.77 603659 27668 ZIMS INTEGRATED MECHANICAL SVS INC 10/16/2014 335,112.50 603660 30006 ANTHEM BLUE CROSS-CAL CARE 10/16/2014 126,713.13 603661 30004 ANTHEM BLUE CROSS OF CALIFORNIA 10/16/2014 358,551.06 603662 30021 KAISER PERMANENTE 10/16/2014 135,078.30 603663 30002 MEDICAL EYE SERVICE COMPANY 10/16/2014 5,721.84 603664 30026 METLIFE 10/16/2014 38,962.61 603665 26810 RELIASTAR LIFE INSURANCE CO 10/16/2014 2,924.18 603666 30027 U S BANK- PARS#6746022400 10/16/2014 3,034.67 603667 30003 UNITED HEALTH CARE 10/16/2014 12,737.54 603668 30020 UNUM 10/16/2014 5,521.94 603669 70064 BOWMAN ASPHALT 10/17/2014 1,914.00 603670 27161 MANDEEP CHAHAL 10/17/2014 118.24 603671 23446 ELIODORO CONTRERAS 10/17/2014 115.01 603672 10037 COUNTY COUNCIL REVOLVING FUND 10/17/2014 275.00 603673 11365 DEPARTMENT OF FISH AND GAME 10/17/2014 2,961.27 603674 11365 DEPARTMENT OF FISH AND GAME 10/17/2014 67,630.85 603675 11365 DEPARTMENT OF FISH AND GAME 10/17/2014 1,345.50 603676 11365 DEPARTMENT OF FISH AND GAME 10/17/2014 4,582.70 603677 11365 DEPARTMENT OF FISH AND GAME 10/17/2014 2,002.74 603678 11365 DEPARTMENT OF FISH AND GAME 10/17/2014 4,582.70 603679 11365 DEPARTMENT OF FISH AND GAME 10/17/2014 1,367.55 603680 70172 DOLLAR GENERAL 10/17/2014 500.00 603681 70173 EPOCH WELL SERVICES INC 10/17/2014 3,559.00 603682 3427 GRAINGER INC, W W 10/17/2014 2,317.79 603683 10037 GREATER BAKERSFIELD LEGAL ASSISTANC 10/17/2014 275.00 603684 27544 RODNEY W GROUNDS 10/17/2014 125.00 603685 10725 GROVE, KENNETH 10/17/2014 1,453.03 603686 19505 MARTIN HARRINGTON 10/17/2014 120.93 603687 16862 HEALTHCOMP INC 10/17/2014 136.29 603688 27940 GERIL HERNANDEZ 10/17/2014 107.49 S:\Accounting\Dawn T\Admin -Council\2014\COUNCIL-ADMIN-2014\ CC Meeting 11105114 48 10/23/2014 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 7 FROM 10/10/2014 TO 10/23/2014 Check Vendor Number Number Vendor Name Check Date Check Amount 603689 10037 JAMES DELMARTER 10/17/2014 90.66 603690 21000 RAUL JIMENEZ 10/17/2014 118.23 603691 27939 AIDEN KELLY 10/17/2014 125.00 603692 7492 KERN MACHINERY INC 10/17/2014 1,136.99 603693 26248 KERN PRINT SERVICES 10/17/2014 494.52 603694 4680 KERN RIVER POWER EQUIPMENT INC 10/17/2014 1,944.33 603695 4861 KISCO SALES INC 10/17/2014 87.42 603696 5018 LARRY& RONS UPHOLSTERY 10/17/2014 179.75 603697 26599 LAW OFFICES OF YOUNG WOOLRIDGE 10/17/2014 1,009.40 603698 5080 DWAYNE LEVINGSTON 10/17/2014 125.00 603699 18495 MELO'S GAS & GEAR INC 10/17/2014 385.43 603700 7064 MERCHANTS PRINTING & ENVELOPE 10/17/2014 799.80 603701 10037 MIKE LAZZER I N I 10/17/2014 12.00 603702 5687 MOTOR CITY SALES & SERVICE 10/17/2014 55.34 603703 5708 MOTOROLA INC 10/17/2014 597.43 603704 24279 O'REILLY AUTO PARTS 10/17/2014 133.15 603705 22449 DANNY ORDIZ 10/17/2014 100.00 603706 21692 RICARDO ORTEGA 10/17/2014 125.00 603707 6448 P T O SALES 10/17/2014 176.72 603708 10037 PHILIP W GANONG INC 10/17/2014 275.00 603709 178 PRAXAIR DISTRIBUTION INC 10/17/2014 221.97 603710 27230 DRAKE PRITCHETT 10/17/2014 125.00 603711 6682 RAYMONDS TROPHY AND AWARDS 10/17/2014 747.93 603712 6727 REFRIGERATION SUPPLIES DISTRIB 10/17/2014 866.72 603713 22575 JULIO SEPULVEDA 10/17/2014 125.00 603714 7283 SEQUOIA PAINT COMPANY 10/17/2014 527.28 603715 7434 SMART& FINAL IRIS COMPANY 10/17/2014 693.27 603716 15120 JASON L SOLF 10/17/2014 125.00 603717 7586 SPECIALTY TRIM &AWNING INC 10/17/2014 838.50 603718 10428 UNITED REFRIGERATION INC 10/17/2014 69.15 603719 8520 VALLEY POWER SYSTEMS, INC 10/17/2014 107.20 603720 10037 VICTORAS VALIUS 10/17/2014 205.20 603721 1944 CHICAGO TITLE COMPANY INC 10/17/2014 149,872.03 603722 18946 CRESTLINE BUILDERS INC 10/17/2014 12,048.95 603724 7933 HOME DEPOT 10/17/2014 1,298.39 603725 4429 KERN COUNTY AUDITOR CONTROLLER 10/17/2014 4,062.50 603726 4550 KERN COUNTY SUPT OF SCHOOLS 10/17/2014 1,022,726.10 603733 4740 KERN TURF SUPPLY 10/17/2014 9,191.11 603737 15624 LOWE'S HOME IMPROVEMENT 10/17/2014 3,709.80 603739 6376 PIONEER PAINT 10/17/2014 6,849.27 603741 7638 STATE BOARD OF EQUALIZATION 10/17/2014 3,664.00 603742 19844 MITCH VAN WYK 10/17/2014 4,778.83 603743 19844 MITCH VAN WYK 10/17/2014 5,307.65 603744 537 A T&T 10/23/2014 1,408.27 603745 18484 AT&T 10/23/2014 16,406.17 603746 26559 A 1 PRECISION BUILDERS 10/23/2014 525.00 603747 15433 ADVANCE MOBILE SECURITY 10/23/2014 85.00 603748 27382 ADVANCED INDUSTRIAL SOLUTIONS 10/23/2014 41,079.28 603749 23588 ALUMINUM CHUCK WAGON 10/23/2014 4,284.81 603750 26835 AMERICAN RED CROSS HEALTH & SAFETY 10/23/2014 351.00 603751 1049 APPLIED LNG TECHNOLOGIES 10/23/2014 20,041.55 603752 13049 ARMA COATINGS OF BAKERSFIELD 10/23/2014 806.26 S:\Accounting\Dawn T\Admin -Council\2014\COUNCIL-ADMIN-2014\ CC Meeting 11105114 49 10/23/2014 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 8 FROM 10/10/2014 TO 10/23/2014 Check Vendor Number Number Vendor Name Check Date Check Amount 603753 455 ARROWHEAD MOUNTAIN SPRING WATER 10/23/2014 82.58 603754 18417 ATTORNEYS CERTIFIED SERVICES 10/23/2014 243.00 603755 520 AUTO TINT WEST INC 10/23/2014 50.00 603756 25940 ANTHONY BACA 10/23/2014 120.00 603757 11684 BAKERSFIELD CALIFORNIAN 10/23/2014 276.00 603758 10320 BAKERSFIELD HOMELESS CENTER 10/23/2014 391.20 603759 971 BAKERSFIELD PLUMBING CO INC 10/23/2014 133.50 603760 857 BAKERSFIELD S P C A 10/23/2014 60,486.50 603761 875 BAKERSFIELD TRUCK CENTER 10/23/2014 25.89 603762 557 BARC 10/23/2014 543.75 603763 13424 BARNES WELDING SUPPLY 10/23/2014 48.31 603764 945 BARNETT'S TOWING SERVICE INC 10/23/2014 35.00 603765 27775 BASF CORPORATION 10/23/2014 7,605.95 603766 27805 TYLER BEESON 10/23/2014 12.00 603767 27806 CARLOS BENAVIDEZ 10/23/2014 12.00 603768 23444 MATTHEW BILLINGSLEY 10/23/2014 197.00 603769 21172 BLACKHOLE TECHNOLOGIES INC 10/23/2014 3,803.15 603770 27808 CORY BLANCHARD 10/23/2014 12.00 603771 26219 BLOORE K9 TRAINING & CONSULTING 10/23/2014 1,800.00 603772 1175 BOBS WHOLESALE AUTO GLASS 10/23/2014 236.04 603773 22817 BORN AGAIN BODYWORKS 10/23/2014 4,514.02 603774 27809 CORY BOYER 10/23/2014 12.00 603775 24464 CLAUDE BROWN 10/23/2014 180.00 603776 10267 BUDGET BOLT INC 10/23/2014 26.88 603777 27810 ZACHARY BURDICK 10/23/2014 12.00 603778 1695 CALIFORNIA WATER SERVICE CO 10/23/2014 552,300.38 603779 22658 CDW GOVERNMENT 10/23/2014 1,048.68 603780 26465 CENDECON 10/23/2014 918.00 603781 23361 CENTRAL VALLEY PRESORT 10/23/2014 580.59 603782 16974 CERTEX WEST USA INC 10/23/2014 165.91 603783 1888 CHAMPION HARDWARE 10/23/2014 369.60 603784 1978 CITY BODY WORKS 10/23/2014 337.50 603785 644 CITY NEON SIGN COMPANY INC 10/23/2014 96.75 603786 1988 CITY OF TAFT 10/23/2014 893.72 603787 2050 CLIFFORD & BROWN 10/23/2014 1,152.32 603788 27509 CONTRERAS, ANGEL 10/23/2014 180.00 603789 2203 CORNERSTONE ENGINEERING INC 10/23/2014 16,027.39 603790 27811 CHAD COWAN 10/23/2014 12.00 603791 25916 CPR SAVERS & FIRST AID SUPPLY 10/23/2014 1,084.94 603792 27839 CRITTERS WITHOUT LITTERS 10/23/2014 1,800.00 603793 2245 CROCKER JANITORIAL SUPPLY CO 10/23/2014 4,594.12 603794 22504 WESTERN FARM SERVICE 10/23/2014 5,099.26 603795 23132 ADAN CUEVAS 10/23/2014 161.26 603796 2253 CULLIGAN WATER CONDITIONING 10/23/2014 175.00 603797 12161 DO D CONSTRUCTION 10/23/2014 84,143.75 603798 25063 ALBERTO DANIEL JR 10/23/2014 40.00 603799 27942 DAS MANUFACTURING INC 10/23/2014 473.63 603800 25337 DAVES FLEET MAINT &TOWING 10/23/2014 75.00 603801 26895 DE LAGE LANDEN 10/23/2014 617.05 603802 27812 LINDY DEGEARE 10/23/2014 12.00 603803 2469 DEPARTMENT OF JUSTICE 10/23/2014 25.00 603804 27008 DESPAIN, CHRISTOPHER 10/23/2014 425.00 S:\Accounting\Dawn T\Admin -Council\2014\COUNCIL-ADMIN-2014\ CC Meeting 11105114 50 10/23/2014 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 9 FROM 10/10/2014 TO 10/23/2014 Check Vendor Number Number Vendor Name Check Date Check Amount 603805 27813 JOSE DIAZ 10/23/2014 12.00 603806 18095 JAMES DILLON 10/23/2014 12.00 603807 27510 DREW, KEN 10/23/2014 60.00 603808 21215 EAVES, DR RONALD W 10/23/2014 25.00 603809 20563 TOM EDMONDS 10/23/2014 25.00 603810 27898 ELECTRICAL SYSTEMS & INST INC 10/23/2014 1,249.55 603811 20605 ELIFEGUARD INC 10/23/2014 30.95 603812 19465 EMBLEM ENTERPRISES INC 10/23/2014 1,502.00 603813 24265 ENERGY DYNAMICS LLC 10/23/2014 15,854.65 603814 2811 ENTENMANN ROVIN CO 10/23/2014 235.61 603815 16624 FASTENAL COMPANY 10/23/2014 92.26 603816 2901 FEDEX 10/23/2014 106.83 603817 12091 CHRISTOPHER FEOLA 10/23/2014 45.00 603818 27256 FIRST ADVANTAGE LNS SCREENING 10/23/2014 603.00 603819 19657 FIRST CHOICE 10/23/2014 226.14 603820 2981 FIVE DOGS ACTION CLUB 10/23/2014 205.00 603821 27814 ANTHONY FLORES 10/23/2014 12.00 603822 26311 MARTY J. FLOWERS 10/23/2014 180.00 603823 3028 FLOYDS GENERAL STORE 10/23/2014 529.28 603824 27365 SHANE GARDNER 10/23/2014 75.00 603825 25881 GIC TRANSPORT INC 10/23/2014 444.00 603826 27815 STEPHEN GILBERT 10/23/2014 12.00 603827 3358 GILLIAM & SONS INC 10/23/2014 11,370.00 603828 27816 RODOLFO GODINEZ 10/23/2014 12.00 603829 3403 GOLDEN STATE PETERBILT 10/23/2014 250.59 603830 21944 NICHOLAS GOSPICH 10/23/2014 12.00 603832 3427 GRAINGER INC, W W 10/23/2014 1,983.85 603833 3452 GRAYBAR ELECTRIC COMPANY 10/23/2014 2,260.84 603834 24693 JOSH GRUBBS 10/23/2014 60.00 603835 24139 GUTIERREZ TIRE &WHEEL 10/23/2014 864.38 603836 3569 H & S BODY WORKS &TOWING 10/23/2014 1,155.50 603837 27817 ERIC HARDIN 10/23/2014 12.00 603838 24767 HASTY AWARDS 10/23/2014 406.16 603839 27818 NICHOLAS HAYNES 10/23/2014 12.00 603840 3767 HENLEYS PHOTO INC 10/23/2014 38.06 603841 23804 MATTHEW HERNANDEZ 10/23/2014 540.00 603842 10771 HERNANDEZ, PAUL 10/23/2014 12.00 603843 27820 JORDAN HOKIT 10/23/2014 12.00 603844 26176 RICHARD IGER 10/23/2014 383.09 603845 3969 INSTANT STORAGE 10/23/2014 100.99 603846 4024 INTERNATIONAL RIGHT OF WAY 10/23/2014 465.00 603847 20795 IPC USA INC 10/23/2014 50,923.57 603848 420 JACK C ARBUCKLE COMPANY 10/23/2014 683.88 603849 25726 JOHNSON EQUIPMENT CO. 10/23/2014 2,340.55 603850 16538 CHRISTOPHER JOHNSON 10/23/2014 12.00 603851 4243 JORGENSEN & CO 10/23/2014 176.30 603852 10552 KERN COUNTY PROBATION DEPT 10/23/2014 8,222.05 603853 4543 KERN COUNTY SHERIFF CORONER 10/23/2014 2,468.31 603854 4439 KERN COUNTY WASTE MANAGEMENT 10/23/2014 291,261.85 603855 4581 KERN ELECTRIC DISTRIBUTORS 10/23/2014 229.19 603856 26644 KERN HIGH SCHOOL DIST 10/23/2014 5,420.00 603857 26248 KERN PRINT SERVICES 10/23/2014 741.95 S:\Accounting\Dawn T\Admin -Council\2014\COUNCIL-ADMIN-2014\ CC Meeting 11105114 51 10/23/2014 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 10 FROM 10/10/2014 TO 10/23/2014 Check Vendor Number Number Vendor Name Check Date Check Amount 603858 4680 KERN RIVER POWER EQUIPMENT INC 10/23/2014 800.24 603859 4700 KERN SECURITY SYSTEMS 10/23/2014 864.00 603860 23434 KINNEY, STEVEN P 10/23/2014 2,800.00 603861 4861 KISCO SALES INC 10/23/2014 3,083.20 603862 26949 JOHN KLAWIKOWSKI 10/23/2014 180.00 603863 4875 KNIGHTS PUMPING & PORTABLE SVC 10/23/2014 80.90 603864 4941 KUSTOM SIGNALS INC 10/23/2014 376.25 603865 14219 L A GRINDING 10/23/2014 35.00 603866 5018 LARRY& RONS UPHOLSTERY 10/23/2014 279.51 603867 22408 LEHR AUTO ELECTRIC 10/23/2014 1,058.45 603868 24853 LUNAR COW 10/23/2014 7,304.50 603869 27822 ANTHONY MANRIQUEZ 10/23/2014 12.00 603870 10998 MARTINEZ, RUBEN 10/23/2014 425.00 603871 18656 JASON MATSON 10/23/2014 160.00 603872 16605 MARK MAXWELL 10/23/2014 540.00 603873 27824 ADRIAN MCCULLUM 10/23/2014 12.00 603874 25856 MCFARLAND POLICE DEPT. 10/23/2014 3,785.78 603875 20156 MEAD& HUNT INC 10/23/2014 7,133.00 603876 23771 ERNIE MEDINA 10/23/2014 115.00 603877 27825 DANNI MELENDEZ 10/23/2014 12.00 603878 26902 MENDOZA&ASSOCIATES 10/23/2014 133,346.79 603879 12748 MERRIMAN HURST&ASSOCIATES 10/23/2014 2,600.00 603880 27826 CHRISTOPHER MESA 10/23/2014 12.00 603881 19252 MEYER CIVIL ENGINEERING INC 10/23/2014 23,043.60 603882 24077 MICHEL AUTO TECH 10/23/2014 1,280.63 603883 1316 MICHELIN NORTH AMERICA INC 10/23/2014 25,807.60 603884 27634 MID VALLEY PUBLISHING 10/23/2014 288.00 603885 5553 MIRACLE RECREATION EQUIPMENT C 10/23/2014 1,187.01 603886 25269 MONTELONGO, JOE 10/23/2014 120.00 603887 27827 JOHNNY MORENO 10/23/2014 12.00 603888 16464 SAL MORETTI 10/23/2014 49.00 603889 27828 ENRIQUE MOSQUEDA 10/23/2014 12.00 603890 5730 MULLENS, JIM 10/23/2014 309.60 603891 22058 NET TRANSCRIPTS, INC. 10/23/2014 1,260.00 603892 18136 NORTHERN SAFETY CO INC 10/23/2014 1,023.12 603893 27829 ANDREW NUNO 10/23/2014 12.00 603894 27830 IMAAD NURIDDIN 10/23/2014 12.00 603895 10361 OPEN & SHUT ENTERPRISES 10/23/2014 85.00 603896 6025 ORR SAFETY 10/23/2014 1,938.46 603897 14515 OXLEY'S PEST CONTROL 10/23/2014 150.00 603898 6448 P T O SALES 10/23/2014 115.79 603899 14088 PACIFIC GAS & ELECTRIC 10/23/2014 1,046.76 603900 6122 PACIFIC POWER INC 10/23/2014 1,072.53 603901 22332 PAUL M ANSOLABEHERE DVM 10/23/2014 623.05 603902 27831 ANDREW PEERY 10/23/2014 12.00 603903 27514 CHARLIE PHILLIPS 10/23/2014 120.00 603904 6341 PHYSICIANS AUTOMATED LAB INC 10/23/2014 1,096.00 603905 15843 PIONEER COVER-ALL 10/23/2014 580.72 603906 17911 PLCS PLUS INTERNATIONAL INC 10/23/2014 515.00 603907 24581 MICHAEL POPICHAK 10/23/2014 180.00 603908 27911 PORTERVILLE FORD 10/23/2014 1,127.24 603909 178 PRAXAIR DISTRIBUTION INC 10/23/2014 645.64 S:\Accounting\Dawn T\Admin -Council\2014\COUNCIL-ADMIN-2014\ CC Meeting 11105114 52 10/23/2014 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 11 FROM 10/10/2014 TO 10/23/2014 Check Vendor Number Number Vendor Name Check Date Check Amount 603910 13167 GREGORY PRONOVOST 10/23/2014 48.00 603911 27625 PROTECTION FORCE PRIVATE SECURITY 1 10/23/2014 920.00 603912 20713 RANDY'S TOWING 10/23/2014 1,890.00 603913 6682 RAYMONDS TROPHY AND AWARDS 10/23/2014 431.62 603914 19224 REDFLEX 10/23/2014 41,107.90 603915 22608 KATIE REED 10/23/2014 48.00 603916 6727 REFRIGERATION SUPPLIES DISTRIB 10/23/2014 1,027.20 603917 27832 MICHAEL REYNOLDS 10/23/2014 12.00 603918 25791 RIDGECREST POLICE DEPARTMENT 10/23/2014 14,938.17 603919 26825 RISE & SHINE LAWN MAINT &YARD SERV 10/23/2014 375.00 603920 6915 ROUND-UP FEED AND PET SUPPLY 10/23/2014 214.96 603921 27515 GREG RULOPH 10/23/2014 60.00 603922 27833 AARON SALINAS 10/23/2014 12.00 603923 25220 SANDYS COMMUNICATIONS 10/23/2014 1,918.13 603924 7133 SC COMMUNICATIONS LLC 10/23/2014 345.74 603925 27361 SC FUELS 10/23/2014 13,874.01 603926 27834 KRISTOFER SCHLOSSIN 10/23/2014 12.00 603927 21489 SCP DISTRIBUTORS LLC 10/23/2014 8,026.22 603928 22839 SECURITY PAVING CO INC 10/23/2014 675,945.01 603929 18195 SEHI COMPUTER PRODUCTS 10/23/2014 2,976.69 603930 7283 SEQUOIA PAINT COMPANY 10/23/2014 28.49 603931 21782 SGS TESTCOM 10/23/2014 32.51 603932 11090 SHERWIN WILLIAMS COMPANY 10/23/2014 184.24 603933 26984 SHOPLET 10/23/2014 293.05 603934 26169 SIEMENS INDUSTRY INC 10/23/2014 360.63 603935 26203 SIERRA CONST & EXCAVATION INC 10/23/2014 60,604.19 603936 7413 SIRCHIE FINGER PRINT LABORATORIES 10/23/2014 6,054.76 603937 27835 RYAN SKIDMORE 10/23/2014 12.00 603938 7434 SMART& FINAL IRIS COMPANY 10/23/2014 769.52 603939 22473 SOILS ENGINEERING 10/23/2014 5,450.00 603941 23456 VERNON SORENSON MD INC 10/23/2014 5,570.97 603942 24476 ROBERT SOTO 10/23/2014 180.00 603943 11907 SPARKLETTS/SIERRA SPRINGS 10/23/2014 173.93 603944 26833 SPEAR SECURITY & MGMT CO 10/23/2014 3,252.38 603945 17986 SPRINT SOLUTIONS INC 10/23/2014 1,008.94 603946 16685 STIERN VETERINARY HOSPITAL 10/23/2014 130.90 603947 26369 T Y LIN INTERNATIONAL INC 10/23/2014 124,023.06 603948 26815 KELSEY TAYLOR 10/23/2014 12.00 603949 10191 TERRY BEDFORD CONCRETE 10/23/2014 2,125.00 603950 12103 GREG TERRY 10/23/2014 540.00 603951 27934 THE OPS DECK 10/23/2014 2,986.25 603952 7816 FRANK THOMAS 10/23/2014 211.76 603953 27207 JON TODAHL 10/23/2014 60.00 603954 12235 TOO FAT SANDWICHES 10/23/2014 230.13 603955 10732 TOWNSEND, JASON 10/23/2014 160.00 603956 27876 EDWINA TRIPP 10/23/2014 12.00 603957 96 TYACK'S TIRES INC 10/23/2014 331.77 603958 584 ULINE SHIPPING SUPPLY 10/23/2014 1,181.00 603959 19599 ULTREX BUSINESS PRODUCTS 10/23/2014 265.00 603960 8391 URNERS APPLIANCE CENTER 10/23/2014 513.87 603961 8539 VALLEY INSTRUMENT SERVICE 10/23/2014 45.00 603962 8520 VALLEY POWER SYSTEMS, INC 10/23/2014 2,421.31 S:\Accounting\Dawn T\Admin -Council\2014\COUNCIL-ADMIN-2014\ CC Meeting 11105114 53 10/23/2014 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 12 FROM 10/10/2014 TO 10/23/2014 Check Vendor Number Number Vendor Name Check Date Check Amount 603963 19134 VCA ALL CARE ANIMAL REFERRAL CTR 10/23/2014 121.08 603964 20601 VERIZON WIRELESS 10/23/2014 16,399.20 603965 24023 WASTEWATER SOLIDS MANAGEMENT 10/23/2014 15,240.00 603966 27836 TRISHA WATTREE 10/23/2014 12.00 603967 14647 WAXIE SANITARY SUPPLY 10/23/2014 1,499.86 603968 19776 WEST PAYMENT CENTER 10/23/2014 638.41 603969 26447 WESTCOAST HYDRAULICS 10/23/2014 570.69 603970 8926 WESTERN AUTO &TRUCK APPRAISERS 10/23/2014 600.00 603971 21212 WHITE CAP CONSTRUCTION SUPPLY 10/23/2014 1,590.89 603972 8995 WHOLESALE FUELS 10/23/2014 103.82 603973 27954 RYAN WIMBERLY 10/23/2014 12.00 603974 27949 WM K LYONS AGENCY INSURANCE 10/23/2014 750.00 603975 9244 ZEP MANUFACTURING COMPANY 10/23/2014 468.53 603976 23026 3 D IMAGING SYSTEMS INC 10/23/2014 163.87 603977 6129 A T&T 10/23/2014 201.87 603979 78 ADVANCED DISTRIBUTION CO 10/23/2014 4,531.17 603980 12516 AIMS 10/23/2014 1,620.00 603981 12549 C C A S A 10/23/2014 2,625.00 603984 1696 CALIFORNIA WATER SERVICE 10/23/2014 43,080.72 603985 11530 CDF/OFFICE OF STATE FIRE MARSHAL 10/23/2014 495.00 603987 27074 CEN CAL CONSTRUCTION INC 10/23/2014 132,966.72 603988 11937 CITY OF BAKERSFIELD 10/23/2014 8,459.45 603989 2050 CLIFFORD & BROWN 10/23/2014 16,000.00 603990 12680 ELAP 10/23/2014 1,455.00 603991 27756 BRIAN & SHUN YEE FLORENCE FLESCHE 10/23/2014 1,815.00 603995 7933 HOME DEPOT 10/23/2014 4,235.91 603996 15744 1 A C P 10/23/2014 50.00 603997 27950 JEFF JENNIFER & DONALD GRAHAM 10/23/2014 3,500.00 603998 27950 JEFF JENNIFER & DONALD GRAHAM 10/23/2014 1,365.00 603999 23127 KERN COUNTY TREASURER TAX COLLECTOR 10/23/2014 68.51 604001 4740 KERN TURF SUPPLY 10/23/2014 1,182.84 604003 15624 LOWE'S HOME IMPROVEMENT 10/23/2014 1,622.72 604004 27948 LVN CORPORATION &THEIR ATTRNY 10/23/2014 66,118.47 604005 12627 MARDEROSIAN CERCONE & COHEN 10/23/2014 70,000.00 604006 6114 PACIFIC GAS & ELECTRIC COMPANY 10/23/2014 114,172.69 604012 6376 PIONEER PAINT 10/23/2014 23,850.40 604013 6086 PMW ASSOCIATES 10/23/2014 786.00 604014 7103 SJVAPCD 10/23/2014 300.00 604015 7103 SJVAPCD 10/23/2014 11,239.92 604016 7103 SJVAPCD 10/23/2014 120.00 604017 27667 SMITH CONSTRUCTION CO., INC 10/23/2014 89,776.14 604018 10623 STATE BOARD OF EQUALIZATION 10/23/2014 2,963.87 604019 21314 TICOR TITLE COMPANY 10/23/2014 468.10 604021 10428 UNITED REFRIGERATION INC 10/23/2014 2,884.15 604022 10199 BAKERSFIELD CITY EMPLOYEE 10/23/2014 196,400.00 9992623 30014 EMPLOYMENT DEVELOPMENT DEPT 10/10/2014 201,447.26 9992624 30010 IRS 10/10/2014 622,430.48 9992625 21314 TICOR TITLE COMPANY 10/10/2014 40,530.10 9992626 10217 1 C M A RETIREMENT TRUST-303749 10/10/2014 62,813.12 9992627 16863 NATIONWIDE RETIREMENT SOLUTIONS 10/10/2014 107,357.22 9992628 20699 VANTAGEPOINT TRANSFER AGENTS 10/10/2014 27,127.60 9992629 27565 COMMONWEALTH LAND TITLE CO 10/16/2014 228,504.00 S:\Accounting\Dawn T\Admin -Council\2014\COUNCIL-ADMIN-2014\ CC Meeting 11105114 54 10/23/2014 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 13 FROM 10/10/2014 TO 10/23/2014 Check Vendor Number Number Vendor Name Check Date Check Amount 9992630 10206 STATE OF CALIF- PERS 10/16/2014 1,381,527.82 9992631 11811 WELLS FARGO BANK NA 10/16/2014 62,016.25 9992632 24821 DEPARTMENT OF THE TREASURY 10/17/2014 1,125.53 9992633 16862 HEALTHCOMP INC 10/17/2014 6,964.61 9992634 2959 FIRST AMERICAN TITLE COMPANY 10/23/2014 584,980.00 9992635 30025 STATE DISBURSEMENT UNIT 10/23/2014 16,203.54 9992636 11811 WELLS FARGO BANK NA 10/23/2014 115,633.78 631 15,997,582.00 S:\Accounting\Dawn T\Admin -Council\2014\COUNCIL-ADMIN-2014\ CC Meeting 11105114 55 10/23/2014 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1 FROM 10/10/2014 TO 10/23/2014 E-Payable Vendor E-Payable Number Number Vendor Name Date E-Payable Amount 7527 57 ABATE A WEED 10/16/2014 45.02 7528 63 ACE HYDRAULIC SALES & SERVICE 10/16/2014 2.64 7529 64 ADAMSON POLICE SUPPLY 10/16/2014 12,738.75 7530 152 ALL AUTOMATIC TRANSMISSION SER 10/16/2014 1,650.00 7531 180 AMBER CHEMICAL INC 10/16/2014 1,521.50 7532 26538 ARAMARK UNIFORM & CAREER APPAREL 10/16/2014 1,735.98 7533 576 B & B SURPLUS 10/16/2014 821.32 7534 575 B C LABORATORIES 10/16/2014 1,044.00 7535 611 B S & E COMPANY INC 10/16/2014 1,482.66 7536 1037 BERCHTOLD EQUIPMENT CO 10/16/2014 1,767.46 7537 1163 BLUEPRINT SERVICE CO 10/16/2014 348.25 7538 18753 BRIDGEPORT TRUCK MANUFACTURING 10/16/2014 1,395.16 7539 20747 CENTRAL SANITARY SUPPLY INC 10/16/2014 2,244.61 7540 17239 CENTRAL VALLEY OCCUPATIONAL INC 10/16/2014 3,947.82 7541 17239 CENTRAL VALLEY OCCUPATIONAL INC 10/16/2014 2,370.00 7542 29 CENTRAL VALLEY TRUCK CENTER 10/16/2014 2,440.79 7543 21220 CLEAN ENERGY INC 10/16/2014 28.80 7544 5147 COASTLINE EQUIPMENT 10/16/2014 80.30 7545 2162 CONSOLIDATED ELECTRICAL DIST INC 10/16/2014 3,076.04 7546 2187 CONTROLCO 10/16/2014 1,174.75 7547 13912 DIRECT SAFETY SOLUTIONS INC 10/16/2014 5,003.78 7548 2757 ELECTRIC MOTOR WORKS INC 10/16/2014 516.00 7549 14055 FAST UNDERCAR LLC 10/16/2014 3,055.00 7550 2874 FERGUSON ENTERPRISES INC 10/16/2014 1,088.45 7551 16838 GIBBS INTERNATIONAL TRUCK CTR. INC 10/16/2014 2,632.10 7552 21739 GOLDEN EMPIRE TOWING INC 10/16/2014 970.00 7553 24247 GREGS PETROLEUM SERVICES INC 10/16/2014 1,292.72 7554 3570 HAAKER EQUIPMENT COMPANY 10/16/2014 3,207.62 7555 21871 HD SUPPLY WATERWORKS 10/16/2014 404.57 7556 4171 JERRY& KEITHS INC 10/16/2014 2,899.29 7557 15694 JIMS TOWING INC 10/16/2014 690.00 7558 2267 L N CURTIS & SONS 10/16/2014 2,741.53 7559 453 MUNICIPAL MAINTENANCE EQ INC 10/16/2014 198.39 7560 6555 QUINN COMPANY INC 10/16/2014 3,522.99 7561 7231 SEAL & PACKING SUPPLY CO 10/16/2014 2,900.77 7562 14700 SOUTH COAST EMERGENCY VEHICLE SERV. 10/16/2014 3,902.95 7563 25604 STAY GREEN INC 10/16/2014 8,815.00 7564 15868 TEL TEC SECURITY SYSTEM INC 10/16/2014 261.00 7565 13646 UNITED ROTARY BRUSH CORP 10/16/2014 1,508.74 7566 1390 JIM BURKE FORD 10/17/2014 323.53 7567 23984 MECHANICAL DRIVES & BELTING INC 10/17/2014 2,223.93 7568 5547 MINUTEMAN PRESS 10/17/2014 161.75 7569 6555 QUINN COMPANY INC 10/17/2014 228.87 7570 7685 STINSON STATIONERS 10/17/2014 5,558.42 7571 7728 SULLY& SON HYDRAULICS INC 10/17/2014 666.49 7572 57 ABATE A WEED 10/23/2014 95.88 7573 63 ACE HYDRAULIC SALES & SERVICE 10/23/2014 27.96 7574 180 AMBER CHEMICAL INC 10/23/2014 1,155.84 7575 26538 ARAMARK UNIFORM & CAREER APPAREL 10/23/2014 2,228.04 7576 576 B & B SURPLUS 10/23/2014 219.30 7577 611 B S & E COMPANY INC 10/23/2014 1,057.44 7578 22426 BADGER METER INC 10/23/2014 11,610.00 7579 675 BAKERSFIELD CALIFORNIAN 10/23/2014 3,108.84 S:\Accounting\Dawn T\Admin-Council\2014\COUNCIL-ADMIN-2014\ CC Meeting 11105114 56 10/23/2014 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 10/10/2014 TO 10/23/2014 E-Payable Vendor E-Payable Number Number Vendor Name Date E-Payable Amount 7580 1037 BERCHTOLD EQUIPMENT CO 10/23/2014 35.06 7581 1163 BLUEPRINT SERVICE CO 10/23/2014 230.90 7583 20747 CENTRAL SANITARY SUPPLY INC 10/23/2014 3,725.59 7584 17239 CENTRAL VALLEY OCCUPATIONAL INC 10/23/2014 460.92 7585 29 CENTRAL VALLEY TRUCK CENTER 10/23/2014 711.68 7586 21220 CLEAN ENERGY INC 10/23/2014 6,592.00 7587 5147 COASTLINE EQUIPMENT 10/23/2014 282.76 7588 2162 CONSOLIDATED ELECTRICAL DIST INC 10/23/2014 1,426.38 7589 13912 DIRECT SAFETY SOLUTIONS INC 10/23/2014 1,027.04 7590 26751 FACTORY MOTOR PARTS INC 10/23/2014 2.01 7591 14055 FAST UNDERCAR LLC 10/23/2014 1,086.77 7592 2874 FERGUSON ENTERPRISES INC 10/23/2014 4,142.87 7593 16838 GIBBS INTERNATIONAL TRUCK CTR. INC 10/23/2014 1,096.26 7594 21739 GOLDEN EMPIRE TOWING INC 10/23/2014 375.00 7595 3570 HAAKER EQUIPMENT COMPANY 10/23/2014 236.14 7596 18263 HUB CONSTRUCTION SPECIALTIES INC 10/23/2014 1,674.42 7597 4171 JERRY& KEITHS INC 10/23/2014 1,536.63 7598 1390 JIM BURKE FORD 10/23/2014 462.40 7599 15694 JIMS TOWING INC 10/23/2014 210.00 7600 599 MCCLURE EQUIPMENT INC 10/23/2014 647.82 7601 453 MUNICIPAL MAINTENANCE EQ INC 10/23/2014 201.68 7602 20446 PAPE MACHINERY INC 10/23/2014 3,627.53 7603 6555 QUINN COMPANY INC 10/23/2014 2,109.56 7604 21873 RM INDUSTRIES INC 10/23/2014 4,200.00 7605 12665 SAN JOAQUIN FENCE & SUPPLY 10/23/2014 9,797.15 7606 698 SAN JOAQUIN INTERIORS 10/23/2014 38,900.00 7607 19584 SMITH & SON TIRE INC 10/23/2014 1,030.11 7608 14700 SOUTH COAST EMERGENCY VEHICLE SERV. 10/23/2014 808.36 7609 25604 STAY GREEN INC 10/23/2014 26,193.00 7610 7670 STEWART ELECTRIC SUPPLY 10/23/2014 2,125.83 7611 7685 STINSON STATIONERS 10/23/2014 7,339.16 7612 7728 SULLY& SON HYDRAULICS INC 10/23/2014 2,727.41 7613 13646 UNITED ROTARY BRUSH CORP 10/23/2014 3,440.53 7614 9010 WILLIAMS CLEANING SYSTEMS INC 10/23/2014 548.24 87 $243,204.25 Disbursement Total 718 $16,240,786.25 S:\Accounting\Dawn T\Admin-Council\2014\COUNCIL-ADMIN-2014\ CC Meeting 11105114 57 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 Consent - Ordinances c. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 10/23/2014 WARD: SUBJECT: Adoption of the following Ordinances amending various sections of the Municipal Code: (FR 10122114) 1 . Amending Section 5.32.160, Subsection Y, relating to Regulations for Massage/Bodywork Establishments. 2. Amending Sections 8.27.010, 8.80, 010, 10.64.020 and 10.64.030 relating to Abatements, Property Maintenance, and Abandoned Vehicles. 3. Amending Section 8.35.020 relating to Illicit Discharges into Stormwater System. 4. Amending Section 9.16.010 relating to Prohibited Drinking on Streets. 5. Amending Section 10.69.030 relating to Permit Applications for Special Events. 6. Amending Section 12.56.055 relating to Expulsion from City Facilities. 7. Amending Section 15.68.030 relating to Permit to Locate Mobile Home Parks. STAFF RECOMMENDATION: Staff recommends adoption of the ordinances. BACKGROUND: Periodically, various Departments throughout the City request changes to the Bakersfield Municipal Code which are minor in nature. Generally, the changes are being sought to make a section read better or to reflect current practice or correct typographical errors. The following is a list of minor ordinance changes that are being recommended by Staff: 1 . BMC Section 5.32.160. The amendment makes the section consistent with recently adopted state massage law A131 147 which provides a narrow exception to keeping doors unlocked. 2. BMC Sections 8.27, 8.80.010, 10.64.020, and 10.64.030. The amendments clarify Code CC Meeting 11105114 58 Enforcement's authority to abate public nuisances in private communities that are visible to the general public. Prior to amendment, residents in private neighborhoods could accumulate junk, trash, and debris in their front yards and not be subject to Code Enforcement. 3. BMC Section 8.35.020. The amendment makes the section consistent with the American Public Works Association's language regarding non-stormwater discharges into stormwater systems to prevent harmful non-stormwater discharges not specified or listed in our municipal code. 4. BMC Section 9.16.010. The amendment gives the Bakersfield Police Department the authority to issue citations for drinking in public parking lots. 5. BMC Section 10.69.030. The amendment to the Special Events application code section requires applications to be submitted earlier in the process, and allows the City to require additional information from the applicant. Pursuant to City Council vote at the first reading of the ordinance on October 22, 2014, the time for submission of permits was changed from the proposed 45 days to 30 days. 6. BMC Section 12.56.055. The amendment removes the duration limit an individual or group may be expelled from City facilities. 7. BMC Section 15.68.030. The amendment makes the section (permits required to locate mobile home parks) consistent with current practice and mirrors the requirements of Chapter 17.50 (Mobile Home zone). In general, it clearly states that the application process is subject to Planning Commission review. The amendments had first reading on October 22, 2014. ATTACHMENTS: Description Type ❑ Ordinance amending 5.32.160 Ordinance ❑ Ordinance amending 8.27.010 Ordinance ❑ Ordinance amending 8.35.020 Ordinance ❑ Ordinance amending 9.16.010 Ordinance ❑ Ordinance amending 10.69.030 Ordinance ❑ Ordinance amending 12.56.055 Ordinance ❑ Ordinance amending 15.68.030 Ordinance CC Meeting 11105114 59 ORDINANCE NO. ORDINANCE AMENDING SECTION 5.32.160 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO REGULATIONS FOR MASSAGE/BODYWORK ESTABLISHMENTS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 5.32.160, Subsection Y, of the Bakersfield Municipal Code is hereby amended to read as follows: 5.32.160 Regulations. Y. All exterior doors shall remain unlocked from the inside during business hours unless otherwise allowed by law. A person operating a massage/bodywork establishment shall be responsible for and provide that said premises shall, during business hours, be readily accessible and open for inspection by law enforcement officers for the purpose of locating evidence that would substantiate a violation of the provisions of this chapter. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ---------000---------- C:\Program Files (x86)\n eevia.conn\doc Con verterPro\tern p\N V D C\OA EE2C 613-21D B 1-4735-9 C32- ECB376A6B961\PDFConvert.l 157.1.5.32.160 MassageEstab Reg ulations.docx -- Page 1 of 2 Pages -- CC Meeting 11105114 60 HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: 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: By: HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: RICHARD IGER Associate City Attorney RI:lsc C:\Program Files (x86)\n eevia.conn\doc Con verterPro\tern p\N V D C\OA EE2C 613-21D B 1-4735-9 C32- ECB376A6B961\PDFConvert.l 157.1.5.32.160 MassageEstab Reg ulations.docx -- Page 2 of 2 Pages -- CC Meeting 11105114 61 ORDINANCE NO. ORDINANCE AMENDING SECTIONS 8.27.010, 8.80.010, 10.64.020, AND 10.64.030 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ABATEMENTS, PROPERTY MAINTENANCE, AND ABANDONED VEHICLES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 8.27.010 of the Bakersfield Municipal Code is hereby amended to read as follows: 8.27.010 Maintenance of property—Violation of specified standards. It is unlawful and is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any property in the city to maintain such property in such manner that any of the following conditions exist thereon, except as may be allowed by Title 17 of this code: A. Any building or structure which has been partially destroyed for at least six months to the extent of more than twenty-five percent of the value of the building as it appears on the current tax assessor's roll, or left in an unreasonable state of partial construction. For purposes of this chapter, "left in an unreasonable state of partial construction" means left, after initiation of construction, for a period of one year or more without completion of a phase warranting an initial building inspection or without completion of a successive phase warranting a subsequent building inspection under Title 15 of this code, where the appearance or other conditions of said unfinished building or structure substantially detracts from the appearance of the immediate neighborhood. B. Any doorway, window or other opening into a vacant structure not closed and maintained by means or materials approved by the building director. C. Any broken window constituting a hazardous condition and facilitating trespass or malicious mischief, or constituting a shelter for vagrants or criminals or enabling persons to resort thereto for the purpose of committing unlawful acts. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\88348E19-8524-4E36-9B27- 9DC6CD8D3D1 E\PDFConvert.l 158.1.8.27.010Prop_Maintain_etc-docx -- Page 1 of 5 Pages -- CC Meeting 11105114 62 D. Overgrown, dead, decayed, diseased or hazardous trees, weeds and other vegetation: 1 . Likely to attract rats, vermin and other nuisances; or 2. Constituting a fire hazard; or 3. Dangerous to public safety and welfare. E. Any building exterior, wall, fence, driveway, sidewalk, or walkway which is maintained in such condition of deterioration or disrepair as to be unsafe or which is so defaced as to substantially detract from the appearance of the immediate neighborhood. F. Any attractive nuisance, including abandoned, broken or neglected machinery or equipment, any pool, pond or excavation dangerous to children. G. Construction equipment or machinery of any type or description parked or stored on the owner's property where it is readily visible to the general public, except during excavation, construction or demolition operations covered by an active building permit for the subject or adjoining property, except as may be allowed by Title 17 of this code. H. Lumber (excluding stacked firewood for use on the property and lumber for a project on the property initiated within ten days of delivery), junk, trash, debris or salvage materials visible from a public right-of-way, except as may be allowed by Title 17 of this code. I. Abandoned or discarded furniture, stove, refrigerator, freezer, sink, toilet, cabinet or other household fixture or equipment visible to the general public, except as may be otherwise prohibited by Title 17 of this code. J. Any motor vehicle, trailer, camper, boat or other mobile equipment parked on any unpaved area in any front yard (as defined in Section 17.04.670 of this code) or on any sideyard (as defined in Section 17.04.690 of this code) adjacent to any street. K. Any fill dirt containing pieces of concrete, asphalt, or rubbish or any fill dirt brought to the property or excavated from the property and not wetted and compacted in accordance with the requirements of Chapter 70 of the Building Code and graded to within eighteen inches of the adjacent grade within thirty days of delivery or excavation. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\88348E19-8524-4E36-9B27- 9DC6CD8D3D1 E\PDFConvert.l 158.1.8.27.010Prop_Maintain_etc..docx -- Page 2 of 5 Pages -- CC Meeting 11105114 63 SECTION 2. Section 8.80.010 of the Bakersfield Municipal Code is hereby amended to read as follows: 8.80.010 Duty of property owner to abate. A. It shall be the duty of every property owner to abate any public nuisance defined under the Bakersfield Municipal Code existing upon that property which shall be deemed to include for purposes of this chapter the abutting half of the street, sidewalk, and/or alley, and between the sidelines thereof as extended. For purposes of this chapter, "property owner" shall mean the owner of property whose name and address appears on the latest equalized county assessment roll. B. Any property owner who fails to abate a public nuisance within the time prescribed in any notice or order provided for herein, shall be assessed the cost of inspection in accordance with Section 3.70.040 of this code. C. All bills for the charges set forth in subsection B. of this section are due and payable upon billing date. An additional ten percent administrative service charge and interest at the rate of one percent per month shall be added to any surcharge which is delinquent. Should the city resort to court action to collect amounts due, the city shall be entitled also to collect its reasonable costs including reasonable attorney's fees. SECTION 3. Section 10.64.020 of the Bakersfield Municipal Code is hereby amended to read as follows: 10.64.020 Maintenance unlawful—Penalty. A. It is unlawful for any person to maintain an abandoned or junk vehicle on public or private property in such a manner that the vehicle is visible to the general public; provided, however, that this section shall be inapplicable to a vehicle or part thereof which is stored or parked in a lawful manner on private property in conjunction with the business of a licensed dismantler, licensed vehicle dealer, lawful junkyard, vehicle repair business or school training program; further provided, that this section shall be inapplicable to one such vehicle parked on any paved surface of any single-family residence; provided, that such vehicle, except for such times as one or more persons are present and working on such vehicle, is covered by a fitted opaque cover and no vehicle parts or tools are visible. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\88348E19-8524-4E36-9B27- 9DC6CD8D3D1 E\PDFConvert.l 158.1.8.27.010Prop_Maintain_etc-docx -- Page 3 of 5 Pages -- CC Meeting 11105114 64 B. Any person who violates any provisions of this section and who had been convicted of such violations less than four times in the preceding twelve- month period shall be guilty of an infraction and, upon conviction thereof, shall be punishable by: 1 . A fine not exceeding one hundred dollars for a first violation within one year; 2. A fine not exceeding two hundred dollars for a second violation within one year; 3. A fine not exceeding five hundred dollars for a third violation within one year. C. Any person who violates any provisions of this section shall, upon conviction of any fourth or more violation within any twelve-month period, be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. Each day during which any violation continues shall constitute a separate offense. SECTION 4. Section 10.64.030 of the Bakersfield Municipal Code is hereby amended to read as follows: 10.64.030 Declaration of nuisance. Subject to the express exceptions set forth in Section 10.64.020A, abandoned or junk vehicles and the parts thereof, located on either public or private property excluding highways, if visible to the general public, are declared to be a public nuisance subject to abatement and removal in accordance with the procedures specified in this chapter. This remedy is in addition to any other provided by law, including penalty provisions applicable for violations of provisions of this chapter. SECTION 5. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ---------000---------- C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\88348E19-8524-4E36-9B27- 9DC6CD8D3D1 E\PDFConvert.l 158.1.8.27.010Prop_Maintain_etc-docx -- Page 4 of 5 Pages -- CC Meeting 11105114 65 HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: 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: By: HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: RICHARD IGER Associate City Attorney C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\88348E19-8524-4E36-9B27- 9DC6CD8D3D1 E\PDFConvert.l 158.1.8.27.010Prop_Maintain_etc..docx -- Page 5 of 5 Pages -- CC Meeting 11105114 66 ORDINANCE NO. ORDINANCE AMENDING SECTION 8.35.020 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ILLICIT DISCHARGES INTO STORMWATER SYSTEM. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 8.35.020 of the Bakersfield Municipal Code is hereby amended to read as follows: 8.35.020 Illicit discharges into stormwater system prohibited. It is unlawful for any person, firm, corporation, or association to throw, dump, empty or in any way cause sanitary wastewater, rubbish, refuse, litter, accidental spill discharges, garbage of any kind whatsoever, or any unsanitary or deleterious matter including, but not limited to, petroleum products, pesticides, herbicides, controlled substances, hazardous materials, or any other matter prohibited by state or federal law to be introduced into any stormwater system or conveyance that discharges into a stormwater system. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ---------000---------- C:\Program Files (x86)\neevia.com\docConverterPro\temp\N V DC\785A410C-1997-47A C-9AA0- 2C C F2A F054C F\P D FConvert.l 159.1.8.35.020111 icitD isch arges2S tormwaterSystem.docx -- Page 1 of 2 Pages -- CC Meeting 11105114 67 HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: 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: By: HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney AH:Isc C:\Program Files (x86)\neevia.com\docConverterPro\temp\N V DC\785A410C-1997-47A C-9AA0- 2C C F2A F054C F\P D FConvert.l 159.1.8.35.020111 icitD isch arges2S tormwaterSystem.docx -- Page 2 of 2 Pages -- CC Meeting 11105114 68 ORDINANCE NO. ORDINANCE AMENDING SECTION 9.16.010 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PROHIBITED DRINKING ON STREETS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 9.16.010 of the Bakersfield Municipal Code is hereby amended to read as follows: 9.16.010 Prohibited. Except as otherwise allowed by Chapter 12.20 of the Bakersfield Municipal Code, no person shall drink or possess an open container of any beer, wine, or other alcoholic beverage on any street, sidewalk, pedestrian mall, alley, parking lot open to the general public, or highway in the city. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ---------000---------- C:\Program Files (x86)\n eevia.conn\doc Con verterPro\tern p\N V D C\431 89 1 1 2-4988-43FB-90AD- 99692B57E 637\P D FConvert.l 160.1.9.1 6.010.D rin kO nS treetProh i b.docx -- Page 1 of 2 Pages -- CC Meeting 11105114 69 HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: 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: By: HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: RICHARD IGER Associate City Attorney RI:lsc C:\Program Files (x86)\n eevia.conn\doc Con verterPro\tern p\N V D C\431 89 1 1 2-4988-43FB-90AD- 99692B57E 637\P D FConvert.l 160.1.9.1 6.010.D rin kO nS treetProh i b.docx -- Page 2 of 2 Pages -- CC Meeting 11105114 70 ORDINANCE NO. ORDINANCE AMENDING SECTION 10.69.030 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PERMIT APPLICATIONS FOR SPECIAL EVENTS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 10.69.030 of the Bakersfield Municipal Code is hereby amended to read as follows: 10.69.030 Application-Issuance-Fee. A. Applications for permits under this section shall be made on forms furnished by the city manager or designee, shall be submitted no less than 30 days prior to the event nor more than one year prior to the event, shall be signed under penalty of perjury by an authorized representative of the applicant organization and shall require the following information: 1 . The name, mailing address and telephone number of the organization applying for and conducting the special event and of the event chairperson; 2. The name of the event, including names of each sponsoring or sanctioning organization; 3. The route, if for an athletic race; 4. The proposed date and times; 5. Estimated completion time, if for an athletic race; 6. Estimated number of entrants or attendees; 7. Prior permits held by any named organization and whether such permits were ever revoked or suspended and the reasons therefor; 8. The business tax certificate number of the applicant organization, or letter granting tax-exempt status to the applicant organization; C:\Program Files(x86)\neevia.com\doc Con verterPro\temp\NVDC\E4023133C-76136-4097-9B75- F3740441 B61 B\PDFConvert.1161.1.10.69.030SpEventPermitApp.docx -- Page 1 of 4 Pages -- CC Meeting 11105114 71 9. For races, the names, assigned locations and duties of all officials required to be at the special event as set forth in Section 10.69.040(C), and a description by which such officials may be identified; 10. Any rights-of-way which will need to be closed to the public; 11 . Any other information reasonably required by the city manager or designee. B. The application shall be accompanied by the following documents: 1 . Evidence, satisfactory to the city manager or designee, of: (a) general liability insurance providing coverage on an occurrence basis for bodily injury, including death of one or more persons, property damage and personal injury, with limits as required by the city, and (b) workers' compensation, with statutory limits and employers liability insurance with limits as required by the city. All policies required of the applicant hereunder shall be primary insurance as to the city, its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the city, its mayor, council, officers, agents, employees and volunteers shall be considered excess insurance, over and above the applicant's insurance and shall not contribute with it; 2. An agreement, signed by applicants, to save, hold harmless and indemnify the city, its officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or is any way related to any work performed by applicant, his or her agents or employees under the terms of any permit issued under this chapter; 3. Cash deposit in an amount acceptable to the city manager or designee to insure payment of the costs of the city resulting from the event and to insure cleanup and restoration of the subject site; 4. A copy of the written instructions that will be provided to the required official at the special event. C. The applicant shall notify all business owners located adjacent to any right-of-way which will be closed for the event. Proof of written notice shall be submitted to the city manager or designee. D. The city manager or designee may, in his or her discretion, issue a permit if he or she finds: 1 . That the application is complete and truthful; C:\Program Files(x86)\neevia.com\doc Con verterPro\temp\NVDC\E4023B3C-76B6-4097-9B75- F3740441 B61 B\PDFConvert.1161.1.10.69.030SpEventPermitApp.docx -- Page 2 of 4 Pages -- CC Meeting 11105114 72 2. That the applicant is adequately insured; 3. That the special event for which the application is made will be maintained and conducted in accordance with all federal, state and local laws; 4. That operation of such event at such location will not present any substantial hazard to vehicular or pedestrian traffic, nor impede the movement of emergency vehicles; 5. That no permit issued to the same applicant pursuant to this section has been revoked in the past three years, unless the city manager or designee finds that the reasons for such revocation are unrelated to this application; 6. That the applicant has not had a permit, issued under this section, revoked, unless the city manager or designee finds that the reasons for such revocation are unrelated to this application; 7. That the conduct of the event will not constitute an unreasonable burden on city employees or resources, nor create an unreasonable disturbance to the neighboring areas; 8. That the event, if an athletic race, will move from its starting point to its finish line expeditiously; 9. That such event will not interfere with, or conflict with, another special event or parade for which a permit has been issued or for which no permit is required; and D. All permits issued pursuant to this chapter shall be valid only as to those dates, times and locations listed on the permit, unless earlier suspended or revoked. E. At the time of filing an application for a permit, the applicant shall pay a fee not to exceed the reasonable cost of processing any such application as authorized by Chapter 3.70. The applicant shall also pay all the direct costs of the city, including, but not limited to, traffic control and police services prior to issuance of the permit. F. Permits may be issued with conditions to ensure that the event will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources. C:\Program Files(x86)\neevia.com\doc Con verterPro\temp\NVDC\E4023B3C-76B6-4097-9B75- F3740441 B61 B\PDFConvert.1161.1.10.69.030SpEventPermitApp.docx -- Page 3 of 4 Pages -- CC Meeting 11105114 73 SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ---------000---------- HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: 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: By: HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: RICHARD IGER Associate City Attorney Rldsc C:\Program Files(x86)\neevia.com\doc Con verterPro\temp\NVDC\E4023133C-76136-4097-9B75- F3740441 B61 B\PDFConvert.1161.1.10.69.030SpEventPermitApp.docx -- Page 4 of 4 Pages -- CC Meeting 11105114 74 C:\Program Files(x86)\neevia.com\doc Con verterPro\temp\NVDC\E4023B3C-76B6-4097-9B75- F3740441 B61 B\PDFConvert.1161.1.10.69.030SpEventPermitApp.docx -- Page 5 of 5 Pages -- CC Meeting 11105114 75 ORDINANCE NO. ORDINANCE AMENDING SECTION 12.56.055 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO EXPULSION FROM CITY FACILITIES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 12.56.055 of the Bakersfield Municipal Code is hereby amended to read as follows: 12.56.055 Expulsion from city facilities. A. The director and/or the assistant director shall have the authority to expel an individual or group from any and all city recreation and park facilities, including city swimming pools, if said individual or group disrupts the reasonable peace and enjoyment of others using the facilities, or, if said individual or group is a threat to the safety of others using the facilities, or, if the actions of said individual or group is an unreasonable disruption of facility operations. B. In addition to the director and/or assistant director, city employed pool managers, assistant pool managers, and head lifeguards shall have the authority to expel an individual or group from any and all city swimming pools if said individual or group disrupts the reasonable peace and enjoyment of others using the swimming pool, or, if said individual or group is a threat to the safety of others using the pool, or, if the actions of said individual or group is an unreasonable disruption of pool operations. C. There is no limit on the number of times or duration an individual or group may be expelled under this section. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ---------000---------- C:\Program Files(x86)\neevia.conn\doc Con verterPro\temp\NVDC\D138=13-3867-4EE6-9213- 4C 13DE7A0183\PDFConvert.l 162.1.12.56.055.FacilityExpulsion.docx -- Page 1 of 2 Pages -- CC Meeting 11105114 76 HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: 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: By: HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: RICHARD IGER Associate City Attorney Rldsc C:\Program Files(x86)\neevia.conn\doc Con verterPro\temp\NVDC\D1382E213-38137-4EE6-9213- 4C 13DE7A0183\PDFConvert.l 162.1.12.56.055.FacilityExpulsion.docx -- Page 2 of 2 Pages -- CC Meeting 11105114 77 ORDINANCE NO. ORDINANCE AMENDING SECTION 15.68.030 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PERMITS REQUIRED TO LOCATE MOBILE HOME PARKS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 15.68.030 of the Bakersfield Municipal Code is hereby amended to read as follows: 15.68.030 Permit to locate—Required— Application—Hearing—Issuance. No mobile home park shall be located within the city until the location thereof is approved by the planning commission of the city in the following manner: A. The person desiring to locate and operate a mobile home park in the city shall file an application therefor with the planning commission. The application shall be accompanied by: 1 . One copy of a true legal description of the grounds upon which the mobile home park is to be constructed; 2. Plans and elevations showing the exterior architectural design and appearance of all permanent buildings and structures and plot plans showing locations and dimension of access ways, structures, landscaping, parking areas and other improvements of the individual mobile home park to be established shall be subject to the approval of the planning commission in order that the proposed mobile home park will be in harmony with other structures and improvements in the area and will comply with all standards and requirements as set forth in section 17.50.080 and this Chapter; 3. The application shall pay a filing fee as set by city council resolution. B. Upon receipt of the application the secretary of the planning commission shall set the matter for consideration by the commission at earliest practicable time. C:\Program Files(x86)\neevia.com\doc Con verterPro\temp\NVDC\F3DBBEEB-EFBB-4B5E-8F05- EF8BDF8CF4E6\PDFConvert.l 163.1.15.68.030.MobileHomeParkLocation.docx -- Page 1 of 3 Pages -- CC Meeting 11105114 78 C. The planning commission shall consider the plans and shall approve or conditionally approve the plans, providing, by a majority vote of its members, the commission determined from the evidence presented all of the following facts to be true: 1 . That the land is classified in a TT (Travel Trailer), or MH (Mobile Home) zone described in Title 17 of this code; 2. That all of the provisions of this chapter and of Title 17 of this code would be complied with. D. The planning commission shall disapprove the plans and deny the application if, in its determination, adequate evidence has not been shown that the plans will conform in all respects to the conditions set forth in Title 17 of this code. E. Any person not satisfied with the decision of the planning commission may, within ten days of the date of that decision, appeal to the city council. All procedures for submitting the appeal, notice, and the holding of the public hearing are set forth in section 17.64.090 in Title 17 of this code. F. The decision of the planning commission shall be final, subject to appeal to the city council within ten days after the action. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ---------000---------- C:\Program Files(x86)\neevia.com\doc Con verterPro\temp\NVDC\F3DBBEEB-EFBB-4B5E-8F05- EF8BDF8CF4E6\PDFConvert.l 163.1.15.68.030.MobileHomeParkLocation.docx -- Page 2 of 3 Pages -- CC Meeting 11105114 79 HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: 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: By: HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney AH:Isc C:\Program Files(x86)\neevia.com\doc Con verterPro\temp\NVDC\F3DBBEEB-EFBB-4B5E-8F05- EF8BDF8CF4E6\PDFConvert.l 163.1.15.68.030.MobileHomeParkLocation.docx -- Page 3 of 3 Pages -- CC Meeting 11105114 80 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 Consent - Resolutions d. TO: Honorable Mayor and City Council FROM: Douglas M. Mclsaac, Community Development Director DATE: 10/15/2014 WARD: SUBJECT: Resolution confirming approval by the City Manager's 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 the demolishment of dangerous buildings and authorizing collection of the assessments by the Kern County Tax Collector. STAFF RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: On October 13, 2014, an assessment hearing was held by the City Manager's designee and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures that constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter and/or were determined to be in violation of Chapter 15.24 of the Bakersfield Municipal Code which prohibits maintaining dangerous buildings. The property owners were notified and subsequently failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owners to abate the public nuisance. The subject properties are listed, as follows: PROPERTY LOCATION APN COST Ward 1 1 . 3616 Anderson Street 172-102-26-00-3 $678.00 2. 3622 Anderson Street 172-102-24-00-7 $663.00 3. 904 E. Brundage Lane 018-180-10-00-1 $699.00 4. 1125 Brundage Lane 011-060-02-00-4 $105.00 5. 205 E. California Avenue 139-052-02-00-6 $919.00 6. 905 Casino Street 170-231-11-00-6 $300.00 7. 1413 Ivan Avenue 025-122-12-00-5 $105.00 8. 133 Kincaid Street 018-190-17-00-5 $105.00 9. 3316 Madison Avenue 172-121-27-00-5 $500.00 CC Meeting 11105114 81 10. 816 O Street 009-212-03-00-7 $105.00 11 . 2497 S. O Street 166-161-09-00-0 $670.00 12. 2499 S. O Street 166-161-10-00-2 $670.00 13. 4701 Olivia Street 171-190-08-00-7 $1 ,020.00 14. 3604 Oliver Street 172-101-28-00-2 $684.00 15. 1401 E. Pacheco 414-010-10-00-9 $2,450.00 16. 901 E. Planz Road 172-121-01-00-9 $670.00 17. 1024 E. Planz Road (demolition) 170-170-03-00-9 $2,660.00 18. 1809 E. Planz Road 172-041-08-00-7 $850.00 19. 521 Terrace Way 011-230-01-00-0 $875.00 20. 110 E. 8th Street 139-191-13-00-2 $1 ,099.00 Ward 2 21 . 8 Flower Street 012-052-13-00-4 $810.00 22. 819 Kentucky Street (demolition) 014-300-07-00-9 $5,800.00 23. 451 Lake Street 014-250-06-00-2 $955.00 24. 509 Niles Street 014-080-02-00-1 $1 ,419.00 25. 511 Niles Street 014-080-03-00-4 $1 ,795.00 26. 1921 Orange Street 007-192-05-00-4 $1 ,514.00 27. 404 Oregon Street 012-410-26-00-2 $1 ,350.00 28. 1001 Oregon Street 015-190-01-00-7 $105.00 29. 1220 Oregon Street 015-100-11-00-9 $300.00 30. 1225 Oregon Street 015-170-06-00-6 $1 ,460.00 31 . 115 18th Street 006-123-21-00-9 $300.00 Ward 3 32. 3300 Dartmouth Street 021-181-18-00-6 $105.00 33. 2801 Haley Street 021-363-16-00-6 $300.00 34. 3500 Harvard Drive 383-272-26-00-1 $300.00 Ward 5 35. 8105 Birch Street 389-262-06-00-2 $725.00 Ward 6 36. 3712 Soranno Avenue 440-171-17-00-5 $844.00 37. 3821 White Lane 404-071-28-00-4 $105.00 38. 4516 Wilson Road 440-071-13-00-4 $105.00 Ward 7 39. 1208 Balasis Place 516-412-09-00-0 $889.00 40. 1007 Bertina Court 516-360-24-00-5 $105.00 41 . 6108 Chester W. Nimitz Street 372-302-06-00-1 $300.00 42. 1004 Delwood Avenue 413-142-02-00-1 $300.00 43. 6004 El Camino Avenue 371-426-18-00-2 $105.00 44. 2613 Pacheco Road 372-051-10-01-2 $300.00 The owners of the aforementioned properties failed to commence the required work as ordered by the Building Director to abate the public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager's designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The City Manager's designee has approved the assessments associated with the properties. CC Meeting 11105114 82 The Council needs to confirm the approval of the City Manager's designee of the costs incurred by the City for work performed to remove the public nuisances and order that such costs be made liens against the properties. This will be done by adoption of the attached resolution. ATTACHMENTS: Description Type ❑ Resolution Cover Memo ❑ Declaration Cover Memo ❑ Exhibit A Cover Memo ❑ Exhibit B Cover Memo CC Meeting 11105114 83 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD CONFIRMING THE APPROVAL BY THE CITY MANAGER DESIGNEE OF THE REPORT OF THE CHIEF CODE ENFORCEMENT OFFICER REGARDING ASSESSMENTS OF CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD FOR WHICH STRUCTURES HAVE BEEN SECURED AGAINST ENTRY OR FOR THE ABATEMENT OF CERTAIN WEEDS, DEBRIS AND WASTE MATTER AND THE DEMOLISHMENT OF DANGEROUS BUILDINGS AND AUTHORIZING COLLECTION OF THE ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR. WHEREAS, the properties in the City of Bakersfield described by assessor parcel number and street address in Exhibit "A" and Exhibit "B" were determined to be in violation of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter; and WHEREAS, notices and orders of the City of Bakersfield Building Department, as provided in Chapter 8.80 of the Bakersfield Municipal Code, were provided to the record owners of the aforementioned properties; and WHEREAS, this assessment proceeding was duly noticed and a public hearing held on October 13, 2014, in City Hall North Conference Room B of the City of Bakersfield by the City Manager designee; and WHEREAS, the City Manager designee has reviewed materials concerning the properties, the abatements and the assessments and has approved the assessments of the parcels; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield: 1. That the Chief Code Enforcement Officer caused work to be performed by contractors for removal of public nuisances and submitted and filed with the City Clerk a Report and Assessment List which describes the costs incurred by the City to abate such public nuisances and which is attached hereto as Exhibit "A" and Exhibit "B", and made a part hereof by this reference. 2. The costs incurred and described in the Report and Assessment list, attached hereto as Exhibit "A" and Exhibit "B" are hereby confirmed. 3. The cost of the abatement on the properties as described in Exhibit "A" and Exhibit "B" are hereby made a lien and special assessment against said properties and the Chief Code Enforcement Officer is directed to notify the property owner of and record the lien created herein as required under Government Code Section 38773.1 (b)-(c). 4. The assessments enumerated herein are not subject to Proposition 218. 5. That the City Attorney is hereby authorized to commence any action necessary for collecting the sum due including foreclosure on the lien established herein as provided for in Government Code Section 38773.1 (c). 6. That the property owners named in said Exhibit "A" and Exhibit "B" may pay, or cause to be paid, the charges stated therein at the office of the Treasury Department, 1715 Chester Avenue, Bakersfield, California, at any time prior to the time the CC Meeting 11105114 84 lien imposed under Government Code Section 38773.1 and Bakersfield Municipal Code Section 8.80.190 is foreclosed or placed on the property tax rolls for collection as described in paragraph 7 below. 7. At the discretion of the City Attorney, and in the event such charges assessed and confirmed against the property as listed in Exhibit "A" and Exhibit "B" are not paid in full prior to collection or foreclosure, such special assessment or balance due remaining thereof, may be entered and extended on the property tax roll, and pursuant to law, the County tax collector shall include such amounts on the tax bill applicable to the property for collection therein. ----------000---------- HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , 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: RICHARD IGER Associate City Attorney 2 CC Meeting 11105114 85 EXHIBIT "A" REPORT AND ASSESSMENT LIST AND DECLARATION OF RANDALL G. FIDLER IN SUPPORT THEREOF In the matter of the properties listed in the attached Exhibits "A" and "B": I, Randall G. Fidler, declare: 1. I am the duly appointed Chief Code Enforcement Officer of the City of Bakersfield, California. I am making this declaration pursuant to Chapter 8.80 of the Bakersfield Municipal Code. 2. As provided by Chapter 8.80 of the Bakersfield Municipal Code and pursuant to an order of the Building Director, the Code Enforcement Division removed the public nuisances on the properties listed in Exhibits "A" and "B" and which are attached hereto and made a part hereof by this reference in July, August and September 2014. The costs incurred by the City to remove the public nuisances for each respective property set forth herein are also stated in the attached Exhibits "A" and "B". 3. Records of the Bakersfield Building Department reflect that on September 19, 2014 a copy of Notice of Filing Report and Assessment List for Abatement of Condition Constituting Public Nuisance and of Hearing Thereon was mailed to the owners of the properties and/or posted. 4. The foregoing matters are within my personal knowledge and if called as a witness herein, I could and would competently testify thereto. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 17th day of October 2014, at Bakersfield, California. Randall G. Fidler Chief Code Enforcement Officer CC Meeting 11105114 86 10/13/2014 EXHIBIT "A" REPORT AND ASSESSMENT LIST FOR WHICH DANGEROUS BUILDINGS HAVE BEEN DEMOLISHED APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL DO WORK COST COST 1. 014-300-07-00-9 819 Kentucky Street Valley Capital Inv Inc $5,500 $300 $5,800 5155 Waring Road 14-5451 San Diego, CA 92120 2. 170-170-03-00-9 1024 E Planz Road Enright Thacker& $2,360 $300 $2,660 Lula Mae Thacker 2415 SE Lotus Avenue 14-5395 Fresno, CA 93706 CC Meeting 11105114 87 10/13/14 EXHIBIT "B" REPORT AND ASSESSMENT LIST FOR STRUCTURES THAT HAVE BEEN SECURED AGAINST ENTRY OR DECLARED SUBSTANDARD OR FOR ABATEMENT OF CERTAIN WEEDS, DEBRIS AND WASTE MATTER APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL DO WORK COST COST 1. 172-102-26-00-3 3616 Anderson Street Roy Childers $78 $600 $678 1 1 15 Bank Street 14-3556 Bakersfield, CA 93304 2. 172-102-24-00-7 3622 Anderson Street Santiago Moran & $63 $600 $663 Maria Moran 617 Del Mar Drive 14-3555 Bakersfield, CA 93307 3. 516-412-09-00-0 1208 Balasis Place Gurdeep Singh $289 $600 $889 1208 Balasis Street 14-2735 Bakersfield, CA 93307 4. 516-360-24-00-5 1007 Bertina Court Denise Crawford $0 $105 $105 2428 Maywood Way 14-2955 Antioch, CA 94509 5. 389-262-06-00-2 8105 Birch Street Stan Snyder&Sharon Snyder $125 $600 $725 8105 Birch Street 14-2973 Bakersfield, CA 93311 6. 018-180-10-00-1 904 E Brundage Lane Jerry Fox& Barbara Fox $99 $600 $699 6505 Ridgeway Court 14-2855 Bakersfield, CA 93306 7. 011-060-02-00-4 1 125 Brundage Lane Nguyen Hoang Thanh Thi $0 $105 $105 13601 Providence Place 14-5346 Bakersfield, CA 93314 8. 139-052-02-00-6 205 E California James R Ung & $319 $600 $919 Avenue Gwen McWilliams 207 E California Avenue 14-3991 Bakersfield, CA 93307 9. 170-231-11-00-6 905 Casino Street Ramon Ruvalcaba & $0 $300 $300 Alicia Ruvalcaba 1904 '/2 S M Street 14-2997 Bakersfield, CA 93304 10. 372-302-06-00-1 6108 Chester W Nimitz Juan Ramon Alvarado $0 $300 $300 Street 6108 Chester W Nimitz Street 14-3134 Bakersfield, CA 93304 11. 021-181-18-00-6 3300 Dartmouth Ana Hernandez $0 $105 $105 Street 3300 Dartmouth Street 14-2365 Bakersfield, CA 93305 12. 413-142-02-00-1 1004 Delwood Fed Natl Mtg Assn $0 $300 $300 Avenue 3232 Newmark Drive 14-3993 Miamisburg, OH 45342 13. 371-426-18-00-2 6004 El Camino Felicia Billingsley $0 $105 $105 Avenue 10611 Villa Monterey Drive 14-3477 Bakersfield, CA 93311 14. 012-052-13-00-4 8 Flower Street James Mc Clure $210 $600 $810 3305 Juniper Road 14-4407 Bakersfield, CA 93306 15. 021-363-16-00-6 2801 Haley Street Frank Armantrout $0 $300 $300 2002 Monterey Street 14-3902 Bakersfield, CA 93305 CC Meeting 11105114 88 Page 2 of 3 APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL DO WORK COST COST 16. 383-272-26-00-1 3500 Harvard Drive Donald Tafoya & $0 $300 $300 Rose Tafoya 3500 Harvard Drive 13-9082 Bakersfield, CA 93306 17. 025-122-12-00-5 1413 Ivan Avenue James Smith Sr Irrev Trust $0 $105 $105 PO Box 6625 14-2837 Bakersfield, CA 93386 18. 018-190-17-00-5 133 Kincaid Street Javier Salazar& $0 $105 $105 Adela Salazar 5410 College Avenue 14-3812 Bakersfield, CA 93306 19. 014-250-06-00-2 451 Lake Street Tauirna Rocha $355 $600 $955 565 Prospect Boulevard 14-3634 Elgin, IL 60120 20. 172-121-27-00-5 3316 Madison Rena Richardson $500 $0 $500 Avenue PO Box 71527 14-3551 Bakersfield, CA 93387 21. 014-080-02-00-1 509 Niles Street Hilda Roberts $819 $600 $1,419 12 Baker Lane 14-4033 Goleta, CA 93117 22. 014-080-03-00-4 511 Niles Street Hilda Roberts $1,195 $600 $1,795 12 Baker Lane 14-4121 Goleta, CA 93117 23. 009-212-03-00-7 816 O Street Adolph Perez $0 $105 $105 2030 Chester Avenue 14-3862 Bakersfield, CA 93301 24. 166-161-09-00-0 2497 S O Street Maris Madigan Trust $70 $600 $670 PO Box 2354 14-3341 Bakersfield, CA 93303 25. 166-161-10-00-2 2499 S O Street Maris Madigan Trust $70 $600 $670 PO Box 2354 14-3342 Bakersfield, CA 93303 26. 171-190-08-00-7 4701 Olivia Street Loyal Herbert& $420 $600 $1,020 Eddie Herbert 4701 Olivia Street 14-3627 Bakersfield, CA 93307 27. 172-101-28-00-2 3604 Oliver Street Sergio Vega & Petra Vega $84 $600 $684 3600 Oliver Street 14-3553 Bakersfield, CA 93307 28. 007-192-05-00-4 1921 Orange Street Salvador Hernandez Jr& $379 $1,135 $1,514 Gloria Hernandez 4401 Oldcastle Avenue 14-3400 Bakersfield, CA 93313 29. 012-410-26-00-2 404 Oregon Street Jose Guadalupe Castolo $750 $600 $1,350 7470 Shoshone Avenue 14-3670 Van Nuys, CA 91406 30. 015-190-01-00-7 1001 Oregon Street Oscar Huante $0 $105 $105 1001 Oregon Street 14-2434 Bakersfield, CA 93305 31. 015-100-11-00-9 1220 Oregon Street Sue Kuehn $0 $300 $300 1226 Oregon Street 14-2129 Bakersfield, CA 93305 32. 015-170-06-00-6 1225 Oregon Street Cesar Arias & $325 $1,135 $1,460 Martha Gonzalez 2469 Grand Avenue 14-3286 Huntington Park, CA 90255 CC Meeting 11105114 89 Page 3 of 3 APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL DO WORK COST COST 33. 414-010-10-00-9 1401 E Pacheco Road Nancy Pechner $1,850 $600 $2,450 655 Mariners Island BI Ste 302 14-1154 San Mateo, CA 94404 34. 372-051-10-01-2 2613 Pacheco Road Antonio Rizo $0 $300 $300 2613 Pacheco Road 14-2806 Bakersfield, CA 93307 35. 172-121-01-00-9 901 E Planz Road Robert Miranda & $70 $600 $670 Lupe Miranda PO Box 70914 14-3552 Bakersfield, CA 93387 36. 172-041-08-00-7 1809 E Planz Road Hector De Leon & $250 $600 $850 Elsa De Leon 3309 Kapral Way 14-2181 Bakersfield, CA 93309 37. 440-171-17-00-5 3712 Soranno Avenue Neil Schwartz $244 $600 $844 15605 Casa Club Drive 14-3509 Bakersfield, CA 93306 38. 011-230-01-00-0 521 Terrace Way Jesus Cardenas $275 $600 $875 521 Terrace Way 14-4226 Bakersfield, CA 93304 39. 404-071-28-00-4 3821 White Lane Michaela Vecht $0 $105 $105 3821 White Lane 14-5215 Bakersfield, CA 93309 40. 440-071-13-00-4 4516 Wilson Road Dawn Grisham $0 $105 $105 4516 Wilson Road 14-2801 Bakersfield, CA 93309 41. 139-191-13-00-2 110 E 81" Street Fabiola Martinez Barroso $499 $600 $1,099 1318 Oregon Street 14-4398 Bakersfield, CA 93305 42. 006-123-21-00-9 115 181" Street Richard L Nelsen Family Trust $0 $300 $300 908 Vista Verde Way 14-1370 Bakersfield, CA 93309 CC Meeting 11105114 90 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 CONSENT - Resolutions e. TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: 10/23/2014 WARD: Ward 2 SUBJECT: Resolution determining that an additional Zamboni model 546 ice resurfacing machine cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed $114,000. STAFF RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The Rabobank Arena currently has two Zamboni ice resurfacing machines and is in need of an additional unit. The purchase of an additional Zamboni brand machine eliminates the need for staff training in its operation and different parts in inventory. In addition, the manufacturer is located in Southern California and may provide parts and services the same day. Frank J. Zamboni & Co., Inc., the manufacturer, is the sole provider of Zamboni equipment. Staff recommends adoption of the Resolution to dispense with bidding for the purchase of an additional Zamboni® ice resurfacing machine to be purchased from Frank J. Zamboni & Co., Inc. not to exceed $114,000. Funds for the purchase of a Zamboni® model 546 ice resurfacing machine are budgeted in the Equipment Management Fund. ATTACHMENTS: Description Type ❑ Zamboni Dispense with Bidding Resolution Resolution CC Meeting 11105114 91 RESOLUTION NO. A RESOLUTION DETERMINING THAT A ZAMBONI® ICE RESURFACING MACHINE, CANNOT BE REASONABLY OBTAINED THROUGH THE USUAL BIDDING PROCEDURES AND AUTHORIZING THE FINANCE DIRECTOR TO DISPENSE WITH BIDDING THEREFOR AND PURCHASE A ZAMBONI® 546 MODEL FROM THE MANUFACTURER, FRANK J. ZAMBONI & CO., INC., NOT TO EXCEED $114,000. WHEREAS, the City of Bakersfield needs to purchase an additional Zamboni® ice resurfacing machine; and WHEREAS, the Rabobank Arena currently has in place and has received training in the use of Zamboni®ice resurfacing machines; and WHEREAS, Zamboni® ice resurfacing machines can only be acquired through the manufacturer, Frank J. Zamboni & Co., Inc.; and WHEREAS, the City Manager recommends the Council find that said a Zamboni® ice resurfacing machine can only be reasonably obtained from Frank J. Zamboni & Co., Inc. and has recommended that the Council authorize dispensing with bidding requirements in accordance with subsection D.2 of Section 3.20.060 of the Bakersfield Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1 . The above recitals are true and correct and incorporated herein by reference. 2. The Council hereby finds that the purchase of a Zamboni® ice resurfacing machine can only be reasonably obtained from the manufacturer, Frank J. Zamboni & Co., Inc. for the reasons set forth above. 3. The Finance Director is authorized to dispense with bidding therefor in accordance with Subsection D.2 of Section 3.20.060 of the Bakersfield Municipal Code and to negotiate the purchase of same, not to exceed $114,000. -------000------- C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\05504B6C-8E96-4844-B813- E2517CD7DC7C\PDFConvert.1170.1.Zamboni_Dispense_Wth Bidding_Resolution_November_5_2014.docx Page 1 of 2 Pages CC Meeting 11105114 92 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: CITY CLERK AND EX OFFICIO of the Council of the City of Bakersfield APPROVED By HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By JOSHUA H RUDNICK Deputy City Attorney C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\05504B6C-8E96-4844-B813- E2517CD7DC7C\PDFConvert.1170.1.Zamboni_Dispense_Wth Bidding_Resolution_November_5_2014.docx Page 2 of 2 Pages CC Meeting 11105114 93 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 CONSENT - Resolutions f. TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: 10/22/2014 WARD: SUBJECT: Resolution determining that Taser International products cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed $128,000. STAFF RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The Bakersfield Police Department (BPD) has established policies, guidelines, training requirements, and certified trainers, in accordance with California Police Officers Standards and Training (POST), for the use of Taser electroshock (non-lethal) weapons. The BPD currently uses Taser International products, as a non-lethal weapon option, for its Police Officers and Animal Control Officers; and, desires to expand this option to all patrol officers who have received certified training. Taser International, the manufacturer, is the sole provider of Taser International products for use by law enforcement agencies. Staff recommends adoption of the Resolution to dispense with bidding for the purchase of Taser International products and components to be purchased from Taser International not to exceed the budgeted amount of $128,000. Funds for several Taser units are budgeted in the General Fund; the funding for the balance of the units necessary for expansion is budgeted in Supplemental Law Enforcement Services Fund. ATTACHMENTS: Description Type ❑ Dispense with Bidding Resolution Cover Memo CC Meeting 11105114 94 RESOLUTION NO. A RESOLUTION DETERMINING THAT TASER® INTERNATIONAL PRODUCTS, CANNOT BE REASONABLY OBTAINED THROUGH THE USUAL BIDDING PROCEDURES AND AUTHORIZING THE FINANCE DIRECTOR TO DISPENSE WITH BIDDING THEREFOR AND PURCHASE TASER® INTERNATIONAL PRODUCTS FROM THE MANUFACTURER, TASER INTERNATIONAL, NOT TO EXCEED $128,000. WHEREAS, the City of Bakersfield needs to purchase additional Taser® International electrical weapons and components; and WHEREAS, the Bakersfield Police Department currently has in place and has received training in the use of Taser® International electrical weapons; and WHEREAS, Taser® International electrical weapons can only be acquired through the manufacturer, Taser International; and WHEREAS, the Police Chief recommends the Council find that said Taser® International electrical weapons and components can only be reasonably obtained from Taser International and has recommended that the Council authorize dispensing with bidding requirements in accordance with subsection D.2 of Section 3.20.060 of the Bakersfield Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1 . The above recitals are true and correct and incorporated herein by reference. 2. The Council hereby finds that the purchase of Taser® International electrical weapons and components can only be reasonably obtained from the manufacturer, Taser International for the reasons set forth above. 3. The Finance Director is authorized to dispense with bidding therefor in accordance with Subsection D.2 of Section 3.20.060 of the Bakersfield Municipal Code and to negotiate the purchase of same, not to exceed $128,000. -------000------- C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\306BD863-BDB1-4DCD-A21D- 836DC5D5F092\PDFConvert.1145.1.Taser_International_Products Resolution_November_5_2014.docx Page 1 of 2 Pages CC Meeting 11105114 95 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: CITY CLERK AND EX OFFICIO of the Council of the City of Bakersfield APPROVED By HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By JOSHUA H RUDNICK Deputy City Attorney C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\306BD863-BDB1-4DCD-A21D- 836DC5D5F092\PDFConvert.1145.1.Taser_International_Products Resolution_November_5_2014.docx Page 2 of 2 Pages CC Meeting 11105114 96 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 CONSENT - Resolutions g. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/21/2014 WARD: Ward 3 SUBJECT: Alfred Harrell Lift Station: 1 . Resolution determining that certain purchase of WEMCO pumps required for Alfred Harrell Lift Station cannot be obtained through the usual bidding procedures because Flo-Systems, Inc., is the sole distributor of WEMCO pumps for the City's geographical area and authorizing the Finance Director to dispense with bidding therefore, not to exceed $135,000. 2. Rescind Resolution No. 155-13 entitled "Resolution determining that certain rebuilding of WEMCO pumps at Alfred Harrell Lift Station cannot be obtained through the usual bidding procedures because Flo-Systems, Inc., is the sole distributor of WEMCO pumps for the City's geographical area and authorizing the Finance Director to dispense with bidding therefor, not to exceed $100,000." 3. Rescind Agreement No. 13-205 with Flo-Systems, Inc., for rebuilding of WEMCO pumps at Alfred Harrell Lift Station. STAFF RECOMMENDATION: Staff recommends approval of Resolution, and rescission of Resolution No. 155-13 and Agreement No. 13-205. BACKGROUND: On December 11 , 2013, Council approved a resolution to commence with bidding to rebuild three WEMCO pumps at the Alfred Harrell Lift Station because Flo-Systems, Inc., is the sole distributer of WEMCO pumps for the City's geographical area. Since the initial work included rebuilding the pumps, an agreement with a not to exceed compensation clause of $100,000 was included in the respective administrative report. Upon further investigation, staff has determined that the three WEMCO pumps cannot be rebuilt. Three new WEMCO pumps are required for optimal operation of this lift station. The estimated cost for three pumps is $135,000. An agreement with Flo-Systems, Inc., is not required to purchase the three pumps. Instead, a purchase order will be issued for these items. Therefore, CC Meeting 11105114 97 staff recommends rescission of the previously approved Resolution No. 155-13 and Agreement No. 13-205. As background, the existing three WEMCO pumps at the Alfred Harrell Lift Station are currently operating on a temporary basis. This lift station must be monitored at least once daily for potential pump failure. The existing WEMCO pumps must be replaced to provide for the designed sewage flows into the lift station. Staff recommends purchasing three new WEMCO pumps for the Alfred Harrell Lift Station since the pumps can only be reasonably obtained from Flo-Systems, Inc., and authorize the Finance Director to dispense with bidding in accordance with subsection D.2 of Section 3.20.060 of the Bakersfield Municipal Code. The cost for these pumps is estimated not to exceed $135,000. Sufficient funds are budgeted for this agreement. Sewer Enterprise Funds provide the funding source for this purchase. Therefore, there is no General Fund impact. ATTACHMENTS: Description Type n Sole Source Resolution Resolution CC Meeting 11105114 98 RESOLUTION NO. RESOLUTION DETERMINING THAT CERTAIN WEMCO PUMPS REQUIRED FOR ALFRED HARREL LIFT STATION CANNOT BE OBTAINED THROUGH THE USUAL BIDDING PROCEDURES BECAUSE FLO-SYSTEMS, INC IS THE SOLE DISTRIBUTOR OF WEMCO PUMPS FOR THE CITY'S GEOGRAPHICAL AREA AND AUTHORIZING THE FINANCE DIRECTOR TO DISPENSE WITH BIDDING THERFORE, NOT TO EXCEED $135,000. WHEREAS, existing WEMCO pumps at the Alfred Harrel Lift Station are currently operating on a temporary system; and WHEREAS, the current configuration of this Lift Station must be monitored at least once daily for potential pump failure; and WHEREAS, existing WEMCO pumps must be replaced in order to provide for the designed sewage flows into the lift station; and WHEREAS, Flo-Systems, Inc is the sole distributor of WEMCO pumps for the City's geographical area; and WHEREAS, the Public Works Director recommends the Council find said the purchase of three WEMCO pumps at the Alfred Harrel Lift Station can only be reasonably obtained from Flo-Systems, Inc, because Flo-Systems, Inc is the sole distributor of WEMCO pumps for the City's geographical area, and recommends the Council dispense with the bidding, in accordance with subsection D.2 of Section 3.20.060 of the Bakersfield Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. The City Council hereby finds that said purchasing of three WEMCO pumps for the Alfred Harrel Lift Station can only be reasonably obtained from Flo-Systems, Inc, because Flo-Systems, Inc is the sole distributor of WEMCO pumps for the City's geographical area. 3. The Finance Director is authorized to dispense with bidding and to negotiate the purchase of same, not to exceed $135,000. Page 1 of 2 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\2AA5C19A-ECEO-4891-9AD7- DF192032OE19\PDFConvert.1 121.1.Resolution_=Sole_Source_=W EBCO_Pumps_(2).doc CC Meeting 11105114 99 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: COUNCIL MEMBER RIVERA,MAXWELL,WEIR,SMITH, HANSON,SULLIVAN,JOHNSON NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBER ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED By HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By ANDREW HEGLUND Deputy City Attorney Page 2 of 2 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\2AA5C19A-ECEO-4891-9AD7- DF192032OE19\PDFConvert.1 121.1.Resolution_=Sole_Source_=W EBCO_Pumps_(2).doc CC Meeting 11105114 100 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 CONSENT - Resolutions h. TO: Honorable Mayor and City Council FROM: Nelson K. Smith DATE: 10/24/2014 WARD: Ward 5 SUBJECT: Resolution of the City of Bakersfield Declaring its Intention to Establish the City of Bakersfield Police and Fire Services Community Facilities District No. 2014-1 (Old River Ranch); to Levy a Special Tax therein to Finance Additional Police and Fire Services Required by New Development within the Community Facilities District. STAFF RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: In December 2005 the City entered into a Development Agreement (No. 05-431) with PB Ventures LLC (the "Developers") regarding the future development of approximately 1 ,868 acres of land in west Bakersfield; more commonly known as Old River Ranch. The Development Agreement is quite broad in scope. It provides the developers with certain assurances regarding the future development of their property and in exchange, it also provides the City with the ability to collect certain fees and special taxes to help mitigate various impacts this future development will have on City infrastructure, facilities and services. One of the components of the Development Agreement included the formation of a Community Facilities District. The original intent of the district was to provide financing for the operation and maintenance of public facilities and services, including salary and benefits of personnel, as well as capital costs related to public facilities and infrastructure, in southwest Bakersfield required to support the Project as described in the Development Agreement. There has been new legislation and litigation regarding tax exempt financing assistance to developers for public infrastructure since the adoption of the agreement back in 2005 and as a result, both the City and the developers have determined that the CFD should be formed for "services only" and will not include any mechanism to finance public infrastructure or public facilities. The general concern is that using tax exempt bonds to finance public improvements would potentially trigger prevailing wage requirements on any public infrastructure or facilities that might be constructed by the developers. CC Meeting 11105114 101 Services to be included in the proposed district are Police and Fire Services. There will be an annual assessment in the amount of $287 per residential unit for the first ten years after the building permit is issued for that residential unit. This annual assessment will be reduced to$174 per residential unit annually for next ten years. After the second ten year period the assessment will cease. Only those residential units for which a building permit has been issued will be subject to the services tax. There are currently no residential units in the district boundaries. Formation of a Community Facilities District is a multi-step process initiated by adoption of a Resolution of Intention (ROI), which is the item before you this evening. After the ROI is adopted there is a formal noticing procedure to inform the property owners and any residents who live within the proposed district area of the intent to form the district. There is only one property owner within the proposed district boundaries; the sole developer (PB Ventures LLC), so only the one property owner will need to receive the notice. Further, the special tax will not apply to any parcel of land until a residential home is constructed. The CFD will terminate twenty years after the last residential building permit in the project area is issued. A minimum 30 day period must elapse between the approval of the ROI and the public hearing. After this 30 day period has elapsed, then a noticed public hearing is held where the property owners and the public can comment for or against the formation of the district. The developers have agreed to support the establishment of the CFD as stipulated in the Development Agreement. If the ROI is approved this evening, then the public hearing will be scheduled for the December 10, 2014 Council meeting date, at which time we will also bring forward an amendment to the Development Agreement to clarify the "services only" aspect of the district formation. After the public hearing is completed the Council can call for the election to be held. The mailed ballot and waiver will have been collected by that date, so the election results may be read into the record on December 10. After the election results are read then the Council can either choose to approve, amend or deny the formation of the district and the collection of the special tax. Approval of the formation would be authorized by adoption of a Resolution as well as an approval for 1st reading of an Ordinance; with 2nd reading tentatively scheduled for a January 2015 meeting date. The Ordinance would become effective 30 days after the 2nd reading date and at that time the district would be officially formed. ATTACHMENTS: Description Type ❑ Resolution of Intention Resolution ❑ Rate and Method Report Backup Material ❑ Boundary Map Backup Material CC Meeting 11105114 102 RESOLUTION NO. [ ] A RESOLUTION OF THE CITY OF BAKERSFIELD DECLARING ITS INTENTION TO ESTABLISH THE CITY OF BAKERSFIELD POLICE AND FIRE SERVICES COMMUNITY FACILITIES DISTRICT NO. 2014-1 (OLD RIVER RANCH); TO LEVY A SPECIAL TAX THEREIN TO FINANCE ADDITIONAL POLICE AND FIRE SERVICES REQUIRED BY NEW DEVELOPMENT WITHIN THE COMMUNITY FACILITIES DISTRICT WHEREAS, the City Council of the City of Bakersfield (the "City") has duly considered the advisability and necessity of establishing a community facilities district within its jurisdictional boundaries, which community facilities district and boundaries are more particularly described herein, and levying a special tax therein to finance police and fire services therein under and pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California(the "Act"); and WHEREAS, the police and fire services will assist in mitigating the impact on the need for police and fire services occasioned by new development that is expected to occur within the boundaries of the community facilities district; and WHEREAS, the City Council finds that because of the property tax structure in the State of California, the ad valorem property tax revenue from new residential development within the City is allocated, under the law, in such a way that the portion of such revenue that comes to the City is significantly less than the cost, to the City, of providing police and fire services to the new residential development; and WHEREAS, the City Council has determined that the establishment of the community facilities district is consistent with and follows the local goals and policies concerning the use of the Act that have been adopted by the City Council and are now in effect; and WHEREAS, the City Council is fully advised in this matter; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, AS FOLLOWS: Section 1. The City Council finds and determines that the foregoing recitals are true and correct. Section 2. It is the intention of the City Council, and the City Council hereby proposes, to establish a Community Facilities District under and pursuant to the terms and provisions of the Act, to be known and designated as "City of Bakersfield Police and Fire Services Community Facilities District No. 2014-1 (Old River Ranch)" (the "Community Facilities District"). The boundaries of the territory proposed for inclusion in the Community Facilities District are more particularly described and shown on a map entitled "Map of Proposed Boundaries, Police and Fire Services Community Facilities District No. 2014-1 (Old River OHSUSA:756933550.3 CC Meeting 11105114 103 Ranch)" now on file in the office of the City Clerk (the "Clerk"), which map is hereby approved by the City Council. A copy of the map is marked Exhibit A and is attached hereto, and by this reference is incorporated herein and made a part of this Resolution. The City Council finds that the map is in the form and contains the matters prescribed by Section 3110 of the California Streets and Highways Code and directs the Clerk to certify the adoption of this resolution on the face of the map. The Clerk is hereby authorized and directed to record a copy of the map with the County Recorder of Kern County in accordance with the provisions of Section 3111 of the Streets and Highways Code of the State of California. The City Council hereby finds that any property included within the boundary that is currently in agricultural use will nonetheless be benefited by the proposed services. Section 3. It is the intention of the City Council to finance, pursuant to the Act, those police and fire services shown on Exhibit B attached hereto, which by this reference is incorporated herein and made a part of this Resolution (the "Services"). All of the Services are necessary to meet increased demands placed upon the City as a result of development occurring and anticipated to occur within the Community Facilities District. The cost of financing the Services includes all costs associated with the creation of the Community Facilities District, the determination of the amount of any special taxes or the collection or payment of any special taxes and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District, together with any other expenses incidental to the provision of the Services. A representative list of incidental expenses that may be incurred are set forth on Exhibit C attached hereto, which by this reference is incorporated herein and made a part of this Resolution. Section 4. It is the intention of the City Council that, except where funds are otherwise available, a special tax shall be annually levied within the Community Facilities District sufficient to pay for the Services, including but not limited to the repayment of funds advanced by the City for the Community Facilities District and for the Services. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the Community Facilities District, and this lien shall continue in force and effect in perpetuity unless the lien is cancelled in accordance with law, or until levy of the special tax by the City ceases. Section 5. It is the intention of the City Council that the proposed special tax will be collected through the regular County of Kern secured property tax bills, and will be subject to the same enforcement mechanism, and the same penalties and interest for late payment, as apply to the regular ad valorem property taxes; however, the City Council reserves the right to utilize any other lawful means of billing, collecting and enforcing the special tax, including direct billing and supplemental billing. Section 6. The rate and method of apportionment of the special tax, including the maximum annual special tax, is set forth on Exhibit D attached hereto, which by this reference is incorporated herein and made a part of this Resolution. Exhibit D provides sufficient detail to allow each landowner or resident within the Community Facilities District to estimate the maximum amount that such person will have to pay. The special tax obligation is not subject to prepayment. OHSUSA:756933550.3 2 CC Meeting 11105114 104 Section 7. It is the intention of the City Council, pursuant to Section 53325.7 of the Government Code of the State of California, to establish the initial appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, for the Community Facilities District in the amount of$2,020,480.00 for the 2014-15 fiscal year. Section 8. Notice is given that Wednesday the 10th day of December, 2014, at the hour of 5:30 P.M., or as soon thereafter as the City Council may reach the matter, at the Council Chambers City Hall, 1600 Truxtun Avenue, Bakersfield, CA, has been fixed by the City Council as the time and place for a public hearing to be held by the City Council to consider the establishment of the Community Facilities District, the proposed rate, method of apportionment and manner of collection of the special tax and all other matters as set forth in this Resolution. At the public hearing, any persons interested, including all taxpayers, property owners and registered voters within the Community Facilities District may appear and be heard, and the testimony of all interested persons or taxpayers for or against the establishment of the Community Facilities District and the levy of the special tax, or the extent of the Community Facilities District, or the provision of any of the Services proposed therefor, or the establishment of an appropriations limit therefor, or on any other matters set forth in this Resolution, will be heard and considered. Section 9. Any protests to the proposals in this Resolution may be made orally or in writing by any interested persons or taxpayers, except that any protests pertaining to the regularity or sufficiency of these proceedings shall be in writing and shall clearly set forth the irregularities and defects to which objection is made. The City Council may waive any irregularities in the form or content of any written protest and at the public hearing may correct minor defects in the proceedings. All written protests not presented in person by the protester at the public hearing shall be filed with the Clerk at or before the time fixed for the public hearing in order to be received and considered. Any written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Section 10. Written protests by a majority of the registered voters residing and registered within the Community Facilities District (if at least six such voters protest), or by the owners of a majority of the land area within the Community Facilities District not exempt from the proposed special tax, will require suspension of these proceedings for at least one year. If a majority protest is directed only against certain elements of the proposed Services or special tax of the Community Facilities District, only those elements need be excluded from the proceedings. Section 11. The public hearing may be continued from time to time, but shall be completed within thirty (30) days, except that if the City Council finds that the complexity of the Community Facilities District or the need for public participation requires additional time, the public hearing may be continued from time to time for a period not to exceed six (6) months. Section 12. The City Council may at the public hearing modify this resolution by eliminating any of the Services, or by changing the method of apportionment of the special tax so as to reduce the maximum special tax for all or a portion of the owners of property within the Community Facilities District, except that if the City Council proposes to modify this resolution in a way that will increase the probable (as distinct from maximum, which may not be increased) OHSUSA:756933550.3 3 CC Meeting 11105114 105 special tax to be paid by the owner of any lot or parcel of land in the Community Facilities District, the City Council shall direct that a report be prepared that includes a brief analysis of the impact of the proposed modifications on the probable special tax to be paid by the owners of such lots or parcels of land in the Community Facilities District, and the City Council shall receive and consider such report before approving any such modifications or any resolution forming the Community Facilities District which includes such modifications. Section 13. At the conclusion of the public hearing, the City Council may abandon the proposed establishment of the Community Facilities District or it may, after passing upon all protests, determine to proceed with establishing the Community Facilities District. Section 14. If the City Council determines at the conclusion of the public hearing to proceed with the establishment of the Community Facilities District, it expects that the proposed voting procedure will be by landowners voting in accordance with the Act, as the City Council is informed that during the 90 days prior to the date set for the hearing, there have been times when there were fewer than twelve (12) registered voters residing within the Community Facilities District. The City Council will require this information to be confirmed before ordering the election. Section 15. The City Manager of the City is hereby directed to instruct the Chief of Police and the Fire Chief of the City to study the Community Facilities District and, at or before the time of the public hearing, to cause to be prepared and filed with the City Council reports which shall contain brief descriptions of the Services by type which in their opinions will be required to adequately meet the needs of the new development expected to occur within the Community Facilities District, together with estimates of the cost of providing the Services. The reports shall, upon their presentation, be submitted to the City Council for review, shall be available for inspection by the public, and shall be made a part of the record of the public hearing on this Resolution of Intention to establish the Community Facilities District. The City Manager, the Chief of Police and the Fire Chief may retain consultants to prepare the reports, and may combine the reports into a single report. Section 16. Notice of the time and place of the public hearing shall be given by the City Clerk in the following manner: (a) A Notice of Public Hearing in the form attached hereto as Exhibit E shall be published once in the BAKER FIELD CALIFORNIAN, a newspaper of general circulation published in the area of the Community Facilities District, pursuant to Section 6061 of the Government Code of the State of California and shall be completed at least seven (7) days prior to the date set for the public hearing; and (b) A Notice of Public Hearing in the form attached hereto as Exhibit E shall be mailed, first class postage prepaid, to each owner of land, and to each registered voter residing, within the boundaries of the proposed Community Facilities District (to property owners at their addresses as shown on the last equalized assessment roll, and to registered voters at their addresses as shown on the records of the Kern County Registrar of Voters, or in either case as otherwise known to the Clerk). The mailing shall be completed at least fifteen (15) days prior to the date set for the public hearing. OHSUSA:756933550.3 4 CC Meeting 11105114 106 Section 21. This resolution shall take effect from and after its passage and adoption. PASSED AND ADOPTED this 5th day of November, 2014, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: Mayor [Seal] ATTEST: City Clerk OHSUSA:756933550.3 5 CC Meeting 11105114 107 CLERK'S CERTIFICATE I, Roberta Gafford, Clerk of the City of Bakersfield, do hereby certify as follows: The foregoing resolution is a full, true and correct copy of a resolution duly adopted at a regular meeting of the City Council of said Authority duly and regularly held at Council Chambers City Hall, 1600 Truxtun Avenue, Bakersfield, CA on the 5th day of November, 2014, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present, and that at said meeting said resolution was adopted by the following vote: AYES: NOES: ABSENT: An agenda for said meeting was posted at least seventy-two (72) hours before said meeting at the , a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda. I have carefully compared the foregoing with the original minutes of said meeting on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes. Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. Dated: _' 2014. Roberta Gafford, Clerk City of Bakersfield, California OHSUSA:756933550.3 CC Meeting 11105114 108 EXHIBIT A [ATTACH A COPY OF THE BOUNDARY MAP] OHSUSA:756933550.3 A-1 CC Meeting 11105114 109 EXHIBIT B LIST OF AUTHORIZED SERVICES Police and fire services that are in addition to those services that were provided within the boundaries of the Community Facilities District at the time of formation of the Community Facilities District, including but not limited to (i) the costs of contracting services, (ii) related equipment, vehicles, ambulances, fire apparatus and supplies, (iii) the salaries and benefits of City and non-City staff that directly provide police and fire services, and (iv) City and non-City overhead costs associated with providing such services within the Community Facilities District. OHSUSA:756933550.3 B-I CC Meeting 11105114 110 EXHIBIT C REPRESENTATIVE LISTING OF INCIDENTAL EXPENSES It is anticipated that the following incidental expenses may be incurred in the proposed legal proceedings for formation of the Community Facilities District: Special tax consultant services Special tax collection charges, costs and expenses City staff review, oversight and administrative services Special Counsel services Other consultant services Publishing, mailing and posting of notices Recording fees The foregoing enumeration shall not be regarded as exclusive and shall be deemed to include any other incidental expenses of a like nature which may be incurred from time to time with respect to the Community Facilities District. OHSUSA:756933550.3 C-1 CC Meeting 11105114 111 EXHIBIT D RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX [See attached] OHSUSA:756933550.3 D-1 CC Meeting 11105114 112 EXHIBIT E NOTICE OF PUBLIC HEARING REGARDING THE FORMATION OF CITY OF BAKERSFIELD POLICE AND FIRE SERVICES COMMUNITY FACILITIES DISTRICT NO. 2014-1 (OLD RIVER RANCH) AND THE LEVY OF A SPECIAL TAX THEREIN Wednesday,December 10,2014 -- Council Chambers City Hall, 1600 Truxtun Avenue,Bakersfield, CA NOTICE IS HEREBY GIVEN that on November 5, 2014, the City Council of the City of Bakersfield (the "City") duly adopted its Resolution No. (the "Resolution of Intention") wherein it declared its intention to form a community facilities district to be known as "City of Bakersfield Police and Fire Services Community Facilities District No. 2014-1 (Old River Ranch)" (the "Community Facilities District") and to levy a special tax within the Community Facilities District to pay the costs of specified Police and Fire Services (the "Services"), under and pursuant to the terms and provisions of the "Mello Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, commencing with Section 53311 (the "Act"). This Notice contains a brief summary of the Resolution of Intention, but you are referred to the full text of the Resolution of Intention on file with the City Clerk (the "Clerk") for the definitive description of the proposed Community Facilities District, including a description of the Services, a list of incidental expenses, and the rate and method of apportionment of the proposed special tax. The Resolution of Intention sets forth (1) the proposed special tax for the Community Facilities District, (2) the proposed police and fire services to be funded from the special tax revenues, (3) the extent of the proposed Community Facilities District; and (4) the proposed establishment of the initial annual appropriations limit for the Community Facilities District at $2,020,480 for the 2014-15 fiscal year. In order to confer the authority upon the City Council to levy the special tax, a public hearing must be held on the Resolution of Intention, the City Council must determine to form the Community Facilities District, and the qualified electors within the Community Facilities District must approve the authority proposed in the Resolution of Intention by a two-thirds vote. As the Community Facilities District is uninhabited or inhabited by fewer than 12 registered voters,the qualified electors are, pursuant to the Act,the owners of property within the Community Facilities District. THIS IS THE NOTICE OF THE PUBLIC HEARING. The public hearing will be held during the City Council meeting on Wednesday, the 10th day of December, 2014, at the Council Chambers City Hall, 1600 Truxtun Avenue, Bakersfield, CA, at the hour of 5:30 P.M., or as soon thereafter as the City Council may reach the matter. At the public hearing, any persons interested may appear and be heard, and the oral or written testimony of all interested persons for or against the establishment of the Community Facilities District and the levy of the special tax, or the extent of the Community Facilities District, or the authorization to finance the Police and Fire Services, or the establishment of the appropriations limit, or on any other matters contained in the Resolution of Intention,will be heard and considered. OHSUSA:756933550.3 E-I CC Meeting 11105114 113 Any protests to the proposed authority set forth in the Resolution of Intention may be made orally or in writing by any registered voters residing and registered within the Community Facilities District or by any owner of land within the Community Facilities District, except that any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularities and defects to which objection is made. The City Council may waive any irregularities in the form or content of any written protest, and at the public hearing may correct minor defects in the proceedings. All written protests not presented in person by the protester at the public hearing shall be filed with the Clerk at or before the time fixed for the public hearing in order to be received and considered. Any written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Written protests by a majority of the registered voters residing and registered within the Community Facilities District (if at least six such voters protest), or by the owners of a majority of the land area within the Community Facilities District not exempt from the proposed special tax, will require suspension of the proceedings for at least one year. If such protests are directed only against certain elements of the proposed Services or special tax of the Community Facilities District, only those elements need be excluded from the proceedings. The City Manager, the Chief of Police and the Fire Chief have studied the Community Facilities District and will provide, at or before the time of the public hearing, a report which will contain a brief description of the Services that in their opinion will be required to adequately meet the needs of the new development expected to occur within the Community Facilities District,together with an estimate of the cost of providing the Services, and an estimate of the incidental expenses related thereto. The report will be available for inspection by the public, and will become a part of the record of the public hearing. Questions should be directed to Nelson Smith, Finance Director, telephone (661) 326-3740; nsmith(a bakersfieldcity.us. Dated: 12014. Roberta.Gafford, City Clerk, City of Bakersfield OHSUSA:756933550.3 E-2 CC Meeting 11105114 114 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX CITY OF BAKERSFIELD POLICE AND FIRE SERVICES COMMUNITY FACILITIES DISTRICT NO. 2014-1 (OLD RIVER RANCH) A special tax as hereinafter defined shall be levied on and collected for City of Bakersfield Police and Fire Services Community Facilities District No. 2014-1 (Old River Ranch) ("CFD No. 2014-1") each Fiscal Year, commencing in Fiscal Year 2015- 2016, by the City Council of the City of Bakersfield through the application of the appropriate Special Tax for "Developed Residential Property" as described below. All of the real property in CFD No. 2014-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. 1. DEFINITIONS The terms hereinafter set forth have the following meanings: "Act" means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with an assigned Assessor's Parcel number within the boundaries of CFD No. 2014-1. "Assessor's Parcel Map" means an official map of the assessor of the County designating parcels by Assessor's Parcel number. "Building Permit" means a permit for new construction of a Residential Unit issued after January 1, 2014. For purposes of this definition, "Building Permit" shall not include permits for construction or installation of retaining walls, utility improvements, or other such improvements not intended for human habitation. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax and providing for the levy and collection of the Special Tax. "CFD No. 2014-1" means Police and Fire Services Community Facilities District No. 2014-1 (Old River Ranch) established by the City under the Act. "City" means the City of Bakersfield. "City Council" means the City Council of the City, acting as the Legislative Body of CFD No. 2014-1, or its designee. "City-wide Tax" means any tax levied on Assessor Parcels approved by the City and its voters to pay solely for police and fire services, including but not limited to (i) the costs of contracting services, (ii) operation and maintenance of related October 30, 2014 1 Police and Fire Services Community Facilities District No. 2014-1 City of Bakersfield CC Meeting 11105114 115 equipment, vehicles, ambulances, fire apparatus and supplies, (iii) the salaries and benefits of City and non-City staff that directly provide police and fire services, and (iv) City and non-City overhead costs associated with providing such police and fire services. "County" means the County of Kern. "Developed Residential Property" means all Assessor's Parcels within CFD No. 2014-1 for which Building Permits were issued for purposes of constructing a Residential Unit on or before April 1 preceding the Fiscal Year for which the Special Tax is being levied. "Exempt Property" means all Assessor's Parcels within CFD No. 2014-1 designated as being exempt from the Special Tax as determined in Section 6. "Fiscal Year" means the period commencing on July 1 of any year and ending the following June 30. "Maximum Special Tax" means the Maximum Special Tax determined in accordance with Section 3, which can be levied by CFD No. 2014-1 in any Fiscal Year on Developed Residential Property within CFD No. 2014-1. "Non-Residential Property" means all Assessor's Parcels for which a Building Permit was issued for any type of non-residential use. "Public Property" means any property within the boundaries of CFD No. 2014-1 that is owned by or irrevocably dedicated to the City, the federal government, the State of California, the County, CFD No. 2014-1, or other public agency. "Public Services" means police and fire services that are in addition to those services that were provided within the boundaries of CFD 2014-1 at the time of formation of CFD 2014-1, including but not limited to (i) the costs of contracting services, (ii) related equipment, vehicles, ambulances, fire apparatus and supplies, (iii) the salaries and benefits of City and non-City staff that directly provide police and fire services, and (iv) City and non-City overhead costs associated with providing such services within CFD No. 2014-1. The Special Tax provides only partial funding for police and fire services. "Residential Unit" means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance or rental separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use. "Special Tax" means any special tax authorized to be levied by CFD No. 2014-1 pursuant to the Act to fund Public Services. "Undeveloped Property" means all Assessor's Parcels within CFD No. 2014-1 for which Building Permits have not been issued and are not classified as either Public Property or Exempt Property. October 30, 2014 2 Police and Fire Services Community Facilities District No. 2014-1 City of Bakersfield CC Meeting 11105114 116 2. LAND USE CLASSIFICATION Each Fiscal Year, beginning with Fiscal Year 2015-2016, each Assessor's Parcel within CFD No. 2014-1 shall be classified as Developed Residential Property or Exempt Property. 3. MAXIMUM SPECIAL TAX RATES The Maximum Special Tax for each Assessor's Parcel classified as Developed Residential Property is provided in the Table below. Table 1 Maximum Special Tax Rates TIME PERIOD MAXIMUM SPECIAL TAX RATE Fiscal Years 1 through 10 after classification as Developed Residential $287 per Residential Unit Property Fiscal Years 11 through 20 after classification as Developed Residential $174 per Residential Unit Property 4. METHOD OF APPORTIONMENT Commencing with Fiscal Year 2015-2016, and for each subsequent Fiscal Year, the CFD Administrator shall calculate the Maximum Special Tax applicable for such Fiscal Year in accordance with Table 1 of Section 3 above, and shall levy the Maximum Special Tax on all Developed Residential Property. If a City-wide Tax is approved, owners of Developed Residential Property shall be levied a Special Tax reduced by the amount of the City-wide Tax. 5. TERM OF SPECIAL TAX The Special Tax shall be levied to fund Public Services provided to CFD No. 2014-1 on any Developed Residential Property for a maximum of twenty (20) years following the date such property is first classified as Developed Residential Property and subject to the Special Tax Rates as determined in Table 1 of Section 3 above. October 30, 2014 3 Police and Fire Services Community Facilities District No. 2014-1 City of Bakersfield CC Meeting 11105114 117 6. EXEMPTIONS The City shall classify as Exempt Property: (i) Public Property, (ii) Non-Residential Property, (iii) Undeveloped Property, (iv) Assessor's Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (v) Assessor's Parcels used exclusively by a homeowners' association, or (vi) Assessor's Parcels with public or utility easements making impractical their utilization for other purposes than those set forth in the easement. 7. APPEALS Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the City Council not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2014-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative's decision requires that the Special Tax for an Assessor's Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s). 8. COLLECTION OF SPECIAL TAXES Collection of the annual Special Tax shall be made by the County in the same manner as ordinary ad valorem property taxes are collected and the annual Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the City Council may provide for other means of collecting the Special Tax, including direct billings thereof to the property owners. October 30, 2014 4 Police and Fire Services Community Facilities District No. 2014-1 City of Bakersfield CC Meeting 11105114 118 04 Lu W O F W F O U)LL p LL U co Q J U 0 w 0_Z O = H Z p F-- LL O W W J O O ❑ p w Q O Z O S O❑oYZw} = O U U0LL W(n Z LL❑x m W W d �wOO pU~ ~ awa 00 L5 ouz��zo Q z �o� �z Y a a 0 0 w O} W O<O = w w a w Z Z p =w w a❑ H�W LL m❑ Z�W m W=i< U7 2i W Fd'L W SOU D� Elul OfnY LL'Z W O w Q Y p m Z¢ ❑ 0 0 Z O J 2N x07UQ LL'Q Z�❑z 0'' Z2❑ W LL H LL LL m a Q LL LL Q Z p 0 w? 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F— _ 02 z C) C) 0 0 C) C) 0 0 0 C) 0 0 C) C) 0 0 D J 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W V (D U) M �t 't CO M T- N M O O M CO tl- ul g M N N M M N M M M M N N N N Q O O O O O O O O O O O O O O O O O z O O + N N N N N N N N N N N N N N N N m O LC) Lf') Ltd lf) LO U') LO Ltd LC) Lf') Ltd lf) U) U') Lf) Ltd D � N W O N D! � W moo zr N M d L{7 C{) t*- M C� r r m o o t a ' �_ m ado yyyo� W 0 0. C= CC Meeting 11105114 120 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 CONSENT - Resolutions i. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/23/2014 WARD: Ward 3 SUBJECT: Resolution of Intention No. 1821 to order the vacation of a portion of Morning Drive at the Southeast corner of Morning Drive and Highway 178. STAFF RECOMMENDATION: Staff recommends adoption of Resolution of Intention. BACKGROUND: The property owner, LNV Corporation, is requesting the vacation of Morning Drive within Parcel 16 of Parcel Map 11322. The portions of Morning Drive are old alignments originally dedicated to the County of Kern in 1935 (per document in Book 594, Page 214) and in 1955 (per document in Book 2500, Page 43) of official records filed with the Kern County Recorder's Office. As part of the new interchange project at Highway 178 and Morning Drive, the alignment of Morning Drive has been modified. The new alignment no longer requires the area proposed to be vacated for the roadway/interchange. 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 no City sewer or storm drain facilities in the vacating area. The utility companies serving the area have been notified by mail. There are no utilities located in the areas to be vacated. Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the proposed vacating area. Public Works has received no objections from these owners as of the date of this report. The proposed vacation was approved by the Planning Department on October 23, 2014, per local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), CC Meeting 11105114 121 because there is no possibility that the action may have a significant effect on the environment. This Resolution of Intention sets the Public Hearing date for the regular Council meeting of November 19, 2014. ATTACHMENTS: Description Type ❑ Resolution of Intension Resolution Exhibit"A" Exhibit CC Meeting 11105114 122 RESOLUTION OF INTENTION NO. A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF MORNING DRIVE WITHIN PARCEL 16 OF PARCEL MAP 11322 (WARD 3) WHEREAS, the City has received a request from LNV Corporation to vacate Morning Drive within Parcel 16 of Parcel Map 11322 (Ward 3); and WHEREAS, for the above-described project, it was determined that the proposed vacation is exempt from CEQA, pursuant to Section 15061 (b) (3) of CEQA Guidelines (General Rule) in that there is no possibility that the proposed action could have a significant effect on the environment; and WHEREAS, in accordance with Bakersfield Municipal Code Section 2.28.120, the proposed vacation was found to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government Code 65402 by the Planning Director on October 23, 2014. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and are incorporated herein. 2. This Resolution is adopted pursuant to Section 8300, et seq. of the Streets and Highways Code of the State of California. 3. The Council intends to order the vacation of Morning Drive within Parcel 16 of Parcel Map 11322, all in the City of Bakersfield, County of Kern, State of California, more particularly described in Exhibit "A" attached hereto and made part hereof. 4. 5:15 PM, or as soon thereafter as the matter may be heard, on Wednesday, November 19, 2014, in the Council Chambers, City Hall, 1501 Truxtun Avenue, Bakersfield, California, is hereby fixed as the time and place when all persons interested in or objecting to the proposed vacation may appear before the City Council and be heard. 5. The City Clerk shall cause notice of the date, hour, and place of said hearing on this Resolution to be published for two successive weeks prior thereto in The Bakersfield Californian and the Superintendent of Streets of the City of Bakersfield, California, shall cause "Notice of Vacation" to be posted as required by Section 8323 of the Streets and Highways Code of the State of California. 6. The City Clerk shall certify to the passage of this resolution and shall cause the same to be posted on the bulletin board at City Hall, 1600 Truxtun Avenue, in the City of Bakersfield, within fifteen (15) days after its passage. ---------------000--------------- C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\41380530E-8BEF-41 D4-92913- - 1 - 45ECD24B9276\PDFCONVERT.1150.1.MORNING DR WITHIN PARCEL 16-OF-PM-1 1322 CONSENT CALENDAR.DOC CC Meeting 11105114 123 I HEREBY CERTIFY that the foregoing Resolution/Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER 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: By HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "A" C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\4B805BOE-8BEF-41 D4-92913- -2- 45ECD24B9276\PDFCONVERT.1 150.1.MORNING DR WITHIN PARCEL 16-OF-PM-1 1322 CONSENT CALENDAR.DOC CC Meeting 11105114 124 REF: PARCEL MAP NO. 11322 „ op PAGE 4 OF 4 P.M.B. 55-178-204 EXHIBIT A PARTIAL VACATION MORNING DRIVE EASEMENT OF THE COUNTY OF KERN FOR PUBLIC HIGHWAY AND INCIDENTAL PURPOSES RECORDED SEPTEMBER 13, 1935 IN BOOK 594 PAGE 214, O.R. EASEMENT OF THE COUNTY OF KERN FOR PUBLIC HIGHWAY AND INCIDENTAL PURPOSES RECORDED OCTOBER 11, 1955 IN BOOK 2500 PAGE 43. O.R. r, A Al� � 1 Q�,p rypoprY N � r' 1 i Q= ��/ r r SCALE: 1'=200` Gl�=�vGC) 2 ! ! r ! � I CERTIFICATE OF COMPLIANCE PER DOCUMENT RECORDED 9-2-2014 AS INSTRUMENT NO. 000214108546, O.R. APN 533-011-24 POR. PARCEL 16 I PARCEL MAP NO. 11322 / P.M.B. 55-178-204 I I/ / t t 6a/ t _ iv: i 9-o?OILI X:\SURVEY\11322\EXHIBITS\DWG\,LD8795 VACATION MORNING DRIVE PARCEL 16.DWG CC Meeting 11105114 125 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 CONSENT - Agreements j. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 9/8/2014 WARD: Ward(s) 1 , 6 SUBJECT: Agreement with Schneider Electric (not to exceed $332,411) to provide a detailed technical and financial report (Investment Grade Audit) for energy conservation programs at Wastewater Treatment Plants No. 2 and No. 3. STAFF RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: Wastewater staff is currently exploring options to increase wastewater treatment efficiencies and to reduce electrical costs at the City's two treatment plants. The initial step in this process is to perform a detailed review of the treatment operation and identify potential energy efficient improvements as well as the cost of such improvements, the anticipated energy savings, and their impact on the treatment process. Wastewater Division lacks the staff time availability and the specific expertise to pursue this detailed type of study. Therefore, in order to ensure the project's success, staff desires to retain the services of an Energy Services Company (ESCO) recognized as such by the Department of Energy and the Environmental Protection Agency. An ESCO contracts with private and public sector energy users, in a design-build contract, to provide cost-effective energy efficiency retrofits for facilities. Typically, the ESCO will provide a construction program that they will guarantee a specific level of annual energy cost reduction that will be achieved at the completion of the program. Wastewater staff prepared a Request for Qualifications/Fee Proposal (RFQ/RFP) to select an ESCO to conduct a comprehensive Investment Grade Audit (IGA) and subsequently provide the design details for cost-effective energy and process retrofits for both plants. An IGA is a technical and economic analysis of potential energy saving projects for a facility. The IGA is often used to set the financial parameters of the design-build program. The IGA will detail the scope of the construction, the amount to be spent, the expected duration of construction, and the amount of electrical savings to be expected at completion of the construction program. On June 10, 2014 the RFQ/RFP was advertised inviting interested ESCOs to submit a Statement CC Meeting 11105114 126 of Qualifications (SOQ). Staff received three SOQs: • Honeywell • Pacific Gas and Electric Company (PG & E) • Schneider Electric On August 7th and 8th, 2014, all three firms were invited to interview with the Selection Committee comprised of City staff. Based upon the submitted SOQs and the firm's qualifications, the Selection Committee deemed Schneider Electric as the most qualified to carry out the proposed project. Therefore, staff recommends award of the IGA contract to Schneider Electric. The compensation amount for this agreement is not to exceed $332,411 . This IGA contract is unique in that the ESCO firm, Schneider Electric, does not expect an immediate and separate payment for the development cost of the IGA. Rather, the IGA will produce a program of construction items (scope, cost, and finance options if desired) that the City would later accept or reject at our discretion. If the City accepts the construction program as a whole or in part, and executes a design-build contract with Schneider Electric, the cost of the IGA will be rolled into the construction program. With the completion and acceptance of the IGA construction program and the identified associated energy savings, a formal construction services agreement will be brought to the Council for approval of moving ahead with the design build process. Subsequent to that approval, a series of construction agreements will be executed to complete the program. If the City does not contract with Schneider Electric to execute the design-build construction program as a whole or in part, the $332,411 payment is due to Schneider Electric for the preparation of the IGA. Construction costs of the proposed improvements may be funded with guaranteed energy cost savings as identified by Schneider Electric within the IGA. The specifics of the construction program will be evaluated by city staff from various departments including Public Works, Finance, and City Manager's Office. Staff's recommendation will be presented to Council for consideration and approval before beginning the design-build improvements. The Schneider Electric team will work alongside the City for many years to help insure that the City realizes the guaranteed operational savings resulting from implementation of the construction program. The IGA has a 30% milestone at which time the preliminary estimates are shared with the City to confirm the savings projected to date. If at this 30% milestone, the City is not satisfied with the expected savings, the City may cease the IGA and pay a prorated amount of the quoted IGA fee. Schneider Electric has a record of over 500 of these types of turnkey performance design-build efficiency projects with a combined value and guaranteed savings amount of over $1 billion. After Notice to Proceed, staff anticipates a seven month time frame for completion of the IGA. At this point in the process, there is no budgetary impact associated with approval of this agreement. Staff anticipates a final report that will fully identify improvements to the treatment process and the resultant lower electrical costs. The final report, along with budget impacts, will be presented to Council for future consideration. There will be no General Fund impact associated with this study and future recommended improvements. Electrical cost savings and Sewer Enterprise funds will provide the funding source for future recommended improvements. CC Meeting 11105114 127 ATTACHMENTS: Description Type ❑ Schneider Design Consultant Agreement Agreement CC Meeting 11105114 128 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 CONSENT - Agreements k. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 9/3/2014 WARD: Ward 7 SUBJECT: Final Map and Improvement Agreement with Froehlich Signature Homes, for Tract 7231 , Phase 1, located north of Taft Highway and west of Wible Road. STAFF RECOMMENDATION: Staff recommends approval of map and agreement. BACKGROUND: The Developer has submitted its final map for City approval. Approval of this final map is included on this Administrative Report. An Improvement Agreement (Agreement) outlining the Developer's responsibilities for onsite infrastructure improvements typically accompanies approval of the final map. Per Bakersfield Municipal Code Chapter 16, "Subdivisions", Tentative Tract Map 7231 Phase 1 was conditioned by the Planning Commission to construct certain improvements within and adjacent to the tentative tract map as are necessary for the general use of the owners of those lots created by the final maps. This Agreement is entered into to secure these improvements which include but are not limited to streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. The term of this Agreement is one year from the date of the Agreement. Notices of Completion or final inspections will not be allowed for any building within the bounds of this final map until these required improvements are completed and accepted by the City of Bakersfield and a Notice of Completion is filed for this Agreement. ATTACHMENTS: Description Type ❑ Tract Map Backup Material ❑ Tract 7231 Phase 1 Improvement Agreement Agreement ❑ Exhibit A-T7231-1 Exhibit ❑ Exhibit B -T7231-1 Exhibit ❑ Exhibit C -T7231-1 Exhibit ❑ Exhibit D -T7231-1 Exhibit ❑ Exhibit E -T7231-1 Exhibit CC Meeting 11105114 129 s a s o aka w�" ism G 9 ar a � £ � �gg mg n0 U Jwz °yoLL al Md 3181M VA jiuj = I I IIIm rm I I o o N 9 I — a v 0 U r r `s o P. - n o - P o e m�o ems zor we x. m - i I v O) k 1YIU110BJJItl! �- a „ y 0 l r a w I s c`k m I LL n aou z-� ��sx.aox 660 . oG - m oo u no _ I� w� I _ % �t3 wl WU, 00A. Ohl 'WI z vT/BLZI o »S �K Y 8,m a o m o 10 S8£ 3 SAOI GS pgg Cd'a6 9t i59i I A a (f _ R cc R R e R J X.a �> et fZ all5 NNtld q �: mR 2 n s `z TI N 3 c ��� ,6 9C % P'J'9GP d w cl s oiu :M n! CC Meeting 11105114 130 IMPROVEMENT AGREEMENT NO. FOR TRACT 7231 PHASE 1 This IMPROVEMENT AGREEMENT ("Agreement") is entered into on and effective as of (the "Effective Date"), by and between the CITY OF BAKERSFIELD, a municipal corporation ("City") and Froehlich Signature Homes, a corporation authorized to do business in California ("Developer"). RECITALS WHEREAS, Developer is developing and subdividing land in the City of Bakersfield, commonly referred to as Tract 7231 Phase 1 (the "Project"), under the provisions of the Subdivision Map Act (Govt. Code §§ 66410 et seq.) ("Map Act"), and the Subdivision Ordinance of City (Title 16 of the Bakersfield Municipal Code ("BMC")) ("Ordinance"), WHEREAS, City's Planning Commission, an advisory agency, has approved Developer's tentative map subject to certain approved exceptions and conditions, and WHEREAS, Developer has submitted its final map to City for approval in accordance with the Map Act and the Ordinance and desires to enter into this Agreement with City to complete the required improvement work in the Project within the time and in the manner provided herein. AGREEMENT Incorporating herein the above recitals, City and Developer agree as follows: 1. IMPROVEMENTS TO BE CONSTRUCTED. Developer will construct in the Project, at its sole cost and expense, those facilities and improvements (herein collectively referred to as "Improvements") required by BMC Sections 16.32.060 or Section 16.32.080, whichever is applicable, required in the resolution adopted by the City Planning Commission on June 6, 2013, and/or required in a resolution extending the expiration of the tentative map, if applicable. The Planning Commission's resolution and the resolution extending the expiration of the tentative map, if applicable, are on file in the City Planning Department and incorporated in this G:IGROUPDAT/AGREEMENTS IPWAGREEMENTS120141T7231-1 IMP AGR Page 1 of 14 CC Meeting 11105114 131 Agreement as though fully set forth herein. 2. MANNER OF CONSTRUCTION. The Improvements must be installed and constructed in accordance with all of the following: 2.1. Title 16 of the SMC; 2.2. The Map Act; 2.3. Plans, specifications, profiles, and standards approved by City Engineer (when used in this Agreement, "City Engineer" also reters to City Engineer's designee); 2.4. Adopted City standards; and 2.5. Good engineering practices and workmanlike manner. All Improvements will be subject to inspection by City Engineer and must be completed to City's satisfaction before the Improvements will be accepted by City. 3. TIME FOR COMPLETION. All of the Improvements must be fully completed in accordance with the terms of this Agreement to the satisfaction of City Engineer within one year from the Effective Date unless City Engineer grants an extension of the time for completion. 4. RECORDING OF NOTICE OF COMPLETION; ISSUANCE OF CERTIFICATES OF OCCUPANCY: FINAL INSPECTIONS. 4.1. When Developer notifies City Engineer that Developer has completed construction of the Improvements, City Engineer will conduct an inspection of the Improvements and notify Developer of any deficiencies in the Improvements. 4.2. When Developer corrects the deficiencies, if any, in the Improvements to City Engineer's satisfaction, City Engineer will accept the Improvements. 4.3. After the Improvements are accepted by City Engineer. City will record a notice of completion (the "NCC") once Developer provides City Engineer with relevant items identified on the Checklist for Notice of Completion, attached hereto as Exhibit A and incorporated herein by this reference. GJGROUPDAT/AGREEMENTS/PWAGREEMENT5/2D14/T7231-1 IMP AGR Pope 2 of 14 CC Meeting 11105114 132 4.4. City Building Director will not conduct a final inspection or issue any certificates of occupancy to Developer for any lot within the phase' covered by this Agreement (the "Covered Phase") until City records the NOC. 5. GUARANTEE AGAINST DEFECTS. Developer hereby guarantees all features of the Improvements against defective work or labor done, or defective materials furnished, in the performance of this Agreement for a period of one year following recordation of the NOC. Upon City's demand, Developer will correct, repair, or replace promptly all such defective work or labor done, or defective materials furnished, as may be discovered within the one-year guarantee period. The one-year guarantee period on private improvements will begin when the NOC is recorded. 6. IMPROVEMENT SECURITY. 6.1. Re aired Securi Developer must provide acceptable security (the "Security") as detailed in Exhibit B, which is incorporated herein by reference, for the following obligations: 6.1.1. Performance of the obligations of the Agreement by a full and timely completion of the Improvements; 6.1.2. Labor & Materials/Payment to all contractors and subcontractors and to persons renting equipment or furnishing labor or materials for the Improvements, except as provided in BMC Section 16.32.040; and 6.1.3. Warranty/Maintenance against any detective work or labor performed on or defective materials furnished for the Improvements for a period of one year following recordation of the NOC of the Improvements as outlined above. 6.2. Acceptable Security. City Engineer has the sole discretion to determine which of the following forms of Security is acceptable: 6.2.1. A bond or bonds by one or more duly authorized corporate sureties that substantially conforms with the form set forth in Government Code Section 66499.1 or any successor statute; 6.2.2. Cash deposited with City; or For tracts that have no phases, the term "Covered Phase" refers to the Project. G:IGROUPDAT1AGREEMENTS IPWAGREEMENTS120141T7231-1 IMP AGR Page 3 of 14 CC Meeting 11105114 133 6.2.3. An irrevocable letter of credit from one or more responsible financial institutions regulated by state or federal government and pledging that the funds are on deposit and guaranteed for payment on demand by City. 6.3 Developer's Obligation to Maintain Security. It is Developer's sole responsibility to maintain the Security as follows: 6.3.1 Developer must provide City with the original Security documentation for all required Security as outlined in Exhibit B. Copies of the Security documents provided by Developer are attached to this Agreement as Exhibit D. 6.3.2 Developer must ensure that all Security is current and that there is no gap in Security coverage. At least sixty days before any Security required by this Agreement expires or otherwise becomes invalid, Developer must take steps to keep the Security current or provide new Security. Any failure by Developer to comply with these provisions will constitute a material breach of this Agreement, and City may, in addition to all other remedies provided by law or this Agreement, immediately pursue whatever Security is available for completion of all Developer obligations under this Agreement. 6.3.3 Developer must provide City with the appropriate mailing address, phone number, state license number, if applicable, and email address for the contact person associated with each form of Security and identify the local representative and corporate headquarters of the company providing the Security ("Contact Information"). It is Developer's responsibility to ensure that City is provided with updates to any of the Contact Information. 6.4 Release of Security. The Security will be released as described in Exhibit B. 7. DEFAULT, REMEDIES. 7.1. Default. Developer will be in default of this Agreement if City Engineer, in the exercise of reasonable discretion, determines that any of the following exist: G:I GR OUP DATIAGREEMENTSIPWAGREEMENTS 120141T7231-1 IMP AGR Page 4 of 14 CC Meeting 11105114 134 7.1.1. Developer has failed to properly and fully complete all of the Improvements in accordance with this Agreement within the time, or any extension of time, provided herein; 7.1.2. Developer has failed or neglected to begin the Improvements, or any feature of the Improvements, within a time which will reasonably allow their completion within the time, or any extension of time, provided in this Agreement; 7.1.3. Developer has abandoned any of the work on the Improvements; 7.1.4. Developer, if an individual, has been declared incompetent or placed under the care of a guardian or conservator, or has disappeared; 7.1.5. Developer is subject to a voluntary or involuntary petition in bankruptcy or has been declared bankrupt; 7.1.6. Developer changes the form of its business entity to a form different than the one identified in the introductory paragraph above; or 7.1.7. Developer or owner of the Project transfers ownership of the Project. 7.2. Remedies. If Developer is in default of this Agreement, City may, in its sole discretion, immediately exercise any of the following remedies without prejudice to any other remedy City may have in law or equity: 7.2.1. Demand that any available surety pay for the completion of the Improvements; 7.2.2. Demand that any available surety assume Developer's obligations under this Agreement, in lieu of payment of the secured funds; 7.2.3. Provide the necessary supervision, equipment, materials, and labor as it may determine necessary, using any available means, to undertake and complete the Improvements or any part thereof in the manner required by this Agreement at Developer's and its surety's expense, and Developer and its G:IGROUPDATI AGREEMENTS IPWAGREEMENTS/2014/T7231-1 IMP AGR Page S of 14 CC Meeting 11105114 135 surety, jointly and severally, will be liable to City and must pay City, on demand, any expenses, costs, fees, or other expenditures incurred by City in the course thereof; 7.2.4. Combine the payment of secured funds and the completion of Developer's obligations under this Agreement by City forces and/or other entities; 7.2.5. Withhold the issuance of building permits or performance of inspections for any lot within the Covered Phase if the [mprovements in any current or earlier phase of the tract have not been completed in a timely manner at the time Developer requests building permits or inspections for any lot within the Covered Phase; 7.2.6. Withhold the issuance of building permits in subsequent phases until all Improvements in the Covered Phase are completed and approved by City Engineer, and 7.2.7. Revert the real property to acreage. By executing this Agreement, Developer warrants that it has authority from each party having record title interest in the Project to act as such party's agent for purposes of the provisions of this subsection and to waive, and, hereby, waives any right to a hearing on such reversion. Right of Entry. If City elects to exercise its right to the secured funds under this section. Developer hereby grants the right of entry to the Project to City, the surety, and the City's and surety's designated representatives for the purposes of completion of the Improvements or evaluation of any claims on secured funds under this Agreement. [t is the responsibility of City, the surety, or the City's or surety's designated representatives to obtain any permission necessary for legal entrance to and/or construction on the Project from the Project's owner should Developer not own or have rights to the Project. it is also the responsibility of the surety to provide adequate insurance and comply with all regulations, permits, and ordinances while on the Project site or before beginning any work within City's right-of-way. 8. NO WAIVER OF DEFAULT. A failure to enforce any provision of this Agreement will not constitute a waiver of the right to enforce the provision at a later time and will not serve to vary the terms of this Agreement. WGROUPDATIAGREEMENTSIPWAGREEMENTS 12D141T7231-1 IMP AGR Page 6 of }4 CC Meeting 11105114 136 9. NO WAIVER BY CITY. Inspection of the work and/or materials, or approval of the work and/or materials inspected, or a statement by any officer, agent, or employee of City indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefore, or any combination of all of these acts, will not relieve Developer of the obligation to fulfill this Agreement as prescribed; nor will City be thereby estopped from bringing any action for damages arising from Developer's failure to comply with any of the terms and conditions of this Agreement. 10. INDEMNITY. 10.1 Developer will indemnify, defend, and hold harmless City and its Council, officers, agents, and employees against any and all liability, claims, actions, causes of action, or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by Developer or Developer's employees, agents, independent contractors, or companies in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by City, except as limited by California Civil Code Section 2782 or caused by City's sole active negligence or willful misconduct. 10.2 Developer, at its own cost, expense, and risk must defend all legal proceedings that may be brought against City or its Council, officers, agents, or employees, on any liability suit, claim, or demand that Developer has agreed to indemnify them against herein, and must satisfy any resulting judgment that may be rendered against any of them. 10.3 Developer's surety providing the Performance Security will not be deemed liable under any of the foregoing provisions of this section, unless the surety undertakes the completion of any of the Improvements or the conduct of work required to be done under this Agreement, and then only to the extent of any act, omission, or neglect of the surety or its engineers, employees, agents, contractors, or subcontractors in the course of the completion of those Improvements or the conduct of that work by the surety. G:/GROUPOAT/ACaREEMENTS/PWAGREEMENT5/2014/T7231-1 !MP AGR Page 7 of 14 CC Meeting 11105114 137 11. INSURANCE. 11.1. Types and Limits of Insurance. In addition to any other insurance or Security required under this Agreement, Developer must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"). 11.1.1. Automobile liability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. 11.1.2. Commercial general liability insurance, unless otherwise approved by City's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must: 11.1.2.1. Provide contractual liability coverage for the terms of this Agreement; 11.1.2.2. Provide unlimited products and completed operations coverage: 11.1.2.3. Provide premises, operations, and mobile equipment coverage, and 11.1.2.4. Contain an additional insured endorsement in favor of City and its mayor, council, officers, agents, employees, and designated volunteers. 11.1.3. Workers' compensation insurance with limits of not less than $1,000.000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, Developer must submit to City the following certification before beginning any work on the Improvements: G'1 GR0UP0 AT/AGREEMENTS/PWAGREEMENT5/2014/T7231-1 IMP A G R Page 8 of 14 CC Meeting 11105114 138 I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Developer is submitting the certification required above. The policy must contain a waiver of subrogation in favor of City and its mayor, council, officers, agents, employees, and designated volunteers. 11.2. General Provisions Applying to All Insurance Types. 11.2.1. All policies required of Developer must be written on a first- dollar coverage basis, or contain a deductible provision. Subject to advance approval by City, Developer may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured. 11.2.2. All policies required of Developer must be primary insurance as to City and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by City and its mayor, council, officers, agents, employees, and designated volunteers must be excess of Developer's insurance and must not contribute with it. 11.2.3. The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by City's Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or Gl GROUPQAYAGREEMENTS IPWAGREEMENTS120141T7231-1 IMP AGR Page 9 of 14 CC Meeting 11105114 139 insurance rated below Best's A-:VII, must be declared prior to execution of this Agreement and approved by City in writing. 11.2.4. Unless otherwise approved by City's Risk Manager, all insurance policies must contain an endorsement providing City with a thirty-day written notice of cancellation or material change in policy language or terms. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. 11.2.5. The insurance required in this section must be maintained until the Warranty/Maintenance Security is released. 11.2.6. Developer must furnish City Risk Manager with a certificate of insurance and required endorsements, copies of which are attached to this Agreement as Exhibit E, evidencing the insurance required and identifying the tract number and phase of the Project, when Developer submits the executed Agreement and final map to City for approval. 11.2.7. It is further understood and agreed by Developer that its liability to City will not in any way be limited to or affected by the amount of insurance obtained and carried by Developer in connection with this Agreement. 11.2.8. Unless otherwise approved by City, if any part of the work under this Agreement is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if City has approved lesser insurance requirements for Developer, and all subcontractors must agree in writing to be bound by the provisions of this section. 12. MISCELLANEOUS. 12.1. Governing Law. The laws of the State of California will govern the validity of this Agreement, its interpretation, and its performance. Any litigation arising in any way from this Agreement must be brought in Kern County, California. 12.2. Notices. Ail notices related to this Agreement must be given in writing, must be personally served or sent by certified or registered G:IGROLJPDAT/AGREEMENTS/PWAGREEMENT5/2014/T7231-1 IMPAGR Page 10 of 14 CC Meeting 11105114 140 mail, and will be effective upon actual personal service or depositing in the United States mail. The parties must be addressed as follows, or at any other address designated by notice: City: CITY OF BAKERSFIELD Public Works Department Attention: Subdivisions 1600 Truxtun Avenue Bakersfield, California 93301 Telephone: (661) 326-3577 Developer: Froehlich Signature Homes P.O. Box 22617 Bakersfield, California 93390 Telephone: (661) 664-7130 Email: maryann @froehlichhomes.com Surety: DiBuduo & DeFendis Insurance Attn. Stuart Gentry P.O. Box 9548 Bakersfield, California 93389 Telephone: (661) 322-9993 Email: sgentry@dibu.com License No.: OE02096 12.3. Assignment. Neither this Agreement nor any rights, interests, duties, liabilities, obligations, or responsibilities arising out of, concerning, or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort, or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited and will be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties. 12.4. Binding Effect. The rights and obligations of this Agreement will inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors, and assigns. G:IGRGUPDATI AGREEMENTS IPWAGREEMENTSI2014I17231-1 1MP AGR Page 11 of 14 CC Meeting 11105114 141 12.5. Merger and Modification. All prior agreements between the parties are incorporated in this Agreement, which constitutes the entire agreement of the parties. Its terms are intended by the parties as a final expression and complete and exclusive statement of their agreement with respect to the terms that are included herein and may not be contradicted by extrinsic evidence of any prior agreement or contemporaneous oral agreement in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 12.6. Corporate Authority. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 12.7. Independent Contractor. This Agreement calls for the performance of Developer's services as an independent contractor. Developer will not be considered an employee of City for any purpose and is not entitled to any of the benefits provided by City to its employees. This Agreement must not be construed as forming a partnership or any other association with Developer other than that of an independent contractor. 12.8. Agreement Mutually Drafted. This Agreement is the product of negotiation, and all parties are equally responsible for its authorship. California Civil Code Section 1654 does not apply to the interpretation of this Agreement. 12.9. Exhibits. If there is a conflict between the terms, conditions, or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement will prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 12.10.Tax Numbers. Developer's Federal Tax Identification No. 74-3079512 Developer is a corporation? Yes X No (Please check one.) G:IGROUPDAYAGREEMENTS IPWAGREEMENTS126141T7231-1 IMP AGR Page 12 of 14 CC Meeting 11105114 142 12.11. Non-Interest. No officer or employee of City may hold any interest in this Agreement (California Government Code Section 1090). 12.12. Further Assurances. Each party will execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. [remainder of page intentionally left blank] G:1 GROLJ PDATI AGREEMENTSIPWAGREEMENTS 12014IT7231-1 IMP AGR Page 13 of 14 CC Meeting 11105114 143 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above. CITY DEVELOPER CITY OF BAKERSFIELD FROEHLICH SIGNATURE HOMES By: By: t HARVEY L. HALL t`.ti�,[�:jj Mayor Print Name:. APPROVED as to form: title: VIRGINIA GENNARO City Attorney By: Print Name: By: ANDREW HEGLUND Title: Deputy City Attorney Insurance/Surety: APPROVED as to content: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director COUNTERSIGNED: By: NELSON K. SMITH Finance Director Attachments: Exhibit A- Checklist for Notice of Completion Exhibit B-Required Security Exhibit C-Engineer's Estimate Exhibit D-Security Exhibit E-Certificate of Insurance G:I GR0UP0AT/AGREEMENTS IPWAGREEMENT5126141T7231-1 IMP AGR Page 14 of 14 CC Meeting 11105114 144 GENERAL CALIFORNIA ACKNOWLEDGEMENT State of California } }55. County of On f�� l before me r Notary Public(here insert name and title of the officer) personally appeared I a'-4 who proved to me on the basis of satisfactory evidence to be the person(s), whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the persons)or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. C.KOHLER NOTARY PUBLIC-CALIFORNIA COMMISSION 0 2026564 KERN COUNTY My comm.Exp.May 31,2017 Signature (Seal) State of California } }ss. County of } On before me Notary Public(here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s), whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislherltheir signature(s)on the instrument the person(s)or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) File No.' 01180-83826 CA Notary Acknowledgement CC Meeting 11105114 145 PUBLIC WORKS DEPARTMENT CITY OF BAKERSFIELD SUBDIVISIONS CHECKLIST FOR NOTICE OF COMPLETION Project No. Phase No. GENERAL INSTRUCTIONS Submit a copy of this checklist with your Notice of Completion package. Include all items on this checklist with your package. If an item is already on file with the City, please so note. If any item is marked as NA (not applicable), provide a written justification or explanation. Failure to submit this checklist or to address all items on the checklist will result in a delay in filing the Notice of Completion and/or in the release of any securities. Processing of a Notice of Completion cannot proceed until Subdivisions has received direct confirmation from the Construction Division that the punch list items are complete. OK NA Checklist Item City's punch list, com leted and si ned off b Construction Ins ector. Monument elevation map provided to the City. Record drawings of the required improvements, signed by the Engineer of Record Utility composite plan, including street light electrical service points. Warranty security as required shall be posted "As- raded" plans, signed by the Engineer of Record Letter from engineer of record certifying that monuments have been set and that the engineer has been paid for settin the monuments. Maintenance letter from Recreation and Parks Other items required by tract conditions: EXHIBIT A CC Meeting 11105114 146 FOR PRIVATE TRACTS ADD THE FOLLOWING ITEMS: ❑K NA Checklist item Provide certification to the City Engineer that, except as otherwise provided, the private improvements have been constructed to City standards, ordinances, and policies, all in accordance with approved laps. This shall be stamped and signed by the Engineer of Record. Submit to the City Engineer copies of the sewer video, forms, and the inspection log Provide written verification from the Fire Department that all gates, locks. and keys have been installed or provided to their satisfaction EXHIBIT A CC Meeting 11105114 147 Required Security TYPE OF ' Labor& Materials/ Warranty/ SECURITY Performance Payment Maintenance WHEN When Developer submits executed Agreement When Developer Before City records REQUIRED and final map to City for approval submits executed the NOC of the Agreement and final Improvements map to City for approval AMOUNT OF 1006 of the total estimated cost of the 50% of the total 10% of the total SECURITY Improvements as reflected in the Engineer's estimated cost of estimated cost of Estimate attached hereto as Exhibit C and the Improvements as the Improvements incorporated herein by reference ("Engineer's reflected in the as reflected In the Estimate") attached Engineer's attached Engineer's Estimate Estimate DATE OF Within 30 days after City records a NOC of the 90 days after City 18 months after RELEASE/ Improvements. but, if City discovers that records a NOC of recordation of the REDUCTION developer performed defective work or labor the Improvements NOC of the or furnished defective materials in completing unless City receives Improvements the Improvements or Developer damages the written notice that improvements after City records the NOC the an action or stop Security will be released only after Developer notice has been has repaired or replaced the defective or filed related to the damaged Improvements to City's satisfaction. construction of the Improvements, in When submlfted to City, the Performance which case the Security, on its face, must be effective for no Security, at fewer than 18 months after the Effective Date Developer's request. of this Agreement and subject to the may be reduced to requirements of this section. City may, in its sole an amount not less discretion, authorize a reduction of the face than the total of all value of the Performance Security, if requested claims on which an by Developer, once the Improvements are action or stop notice sufficiently completed to make them has been filed operational and usable as a public improvement. If the reduction is authorized, City will use the Engineer's Estimate to determine the amount of the reduction based on the portion of the Improvements completed; but, in no case, will City authorize a reduction of the face value of the Security below 50%of the originally required amount. EXHIBIT T B CC Meeting 11105114 148 I N C SmilTecg USA O R P O RAT E D ENGINEER'S ESTIMATE Date: Sept.2, 2014 Tract 7231 Phase 1 Project: Froehlich Signature Homes, Inc. Bonding Numbers No, of Lots/Parcels: 28 ,lob No. 12-105 Approximate 0/0 Item Description Quantities Unit Price Total Complete Total Credit EARTHWORK: 1. Excavation- streets 5,320 cu.yd. $ 25.00 $ 133,000.00 100% $ 133,000.00 Sub Total $ 133,000.00 $ 133,040.00 STREET IMPROVEMENTS: CREDIT 1. 6" Curb and Gutter 2,506 In. ft. $ 25.00 $ 62,650.00 90% $ 56,385.00 2. 4" Concrete Sidewalk 13,950 sq. ft. 6.00 81700.00 0% $0 3. 6" Concrete Driveway 2,772 sq. ft. 9.00 24,948.00 0% $Q 4. A.C. Paving 1,001 tons 75.00 75,075.00 0% $0 5. Agg. Base 1,285 cu. yd. 70.00 89,950.00 0% $0 6. Wheel Chair Ramps 4 ea. 2,500.00 10,000.00 0% $0 7. Saw Cut 480 In. ft. 3.00 1,440.00 0% $0 Sub Total $347,763.00 $ 56,385.04 EXHIBIT C Sm;thTech Page 1 CC Meeting 11105114 149 WATER SYSTEM: CREDIT 1. 8" Water Main 1,485 In. ft. $ 35.00 $ 51,975.00 80% $ 41,580.00 2. 8" Gate Valve 8 ea. 1,050.00 8,400.00 80% $ 6,720.00 1 1" Service 28 ea_ 1,100.00 30,800.40 80% $ 24,640.00 4. 2" Landscape Service i ea. 1,150.00 1,150.00 80% $ 920.00 5. 8" Tee 2 ea. 281.00 562.00 80% $ 449.60 6. Fire Hydrant 4 ea. 4,000.00 16,000.00 80% $ 12,800.00 7. Tie-In 3 ea. 1,100.00 3,300.00 80% $ 2,640.00 8. Wharf Head 1 ea. 3,000.00 3,000.00 80% $ 2,400.00 9. Hat Tap 3 ea. 2,100.00 6,300.00 80% $ 5,040.00 Sub Total 121,487.00 $ 97,189.60 SEWER SYSTEM: CREDIT 1. 4" Sewer Laterals 952 In. ft. $ 30.00 $ 28,560.00 80% $ 22,848.00 2. 6" Sewer Main 800 In. ft_ 50.00 40,000.00 80% $ 32,000.00 3. Standard Manholes 6'-8'deep 1 ea_ 2,600.00 2,600.00 80% $ 2,080.00 9'-12' deep 1 ea. 3,000.00 3,000.00 80% $ 2,400.00 4. 6" Clean Out 2 ea. 650.00 1,300.00 80% $ 1,040.00 Sub Total $75,460.00 $ 60,368.00 SmithTech page 2 0111IM4 e CC Meeting 11/05/14 150 DRAINAGE SYSTEM: CREDIT I. Catch Basin (3.5 Opening) 1 ea. $ 5,000.00 $ 5,000.00 90% $ 4,500.00 2. 18' Storm Drain Pipe 17 In. ft. 120.00 2,040.00 90% $ 1,836.00 3. 24" Storm Drain Pipe 673 In. ft. 105.00 70,665.00 90% $ 63,599.00 4. Manholes 1 ea. 5,000.00 5,000.00 90% $ 4,500.00 Sub Total $ 82,705.00 $ 74,435.00 MISCELLANEOUS: CREDIT 1. Survey Monument Encasement 8 ea. $ 600.00 $ 4,800.00 0% $0 2_ Survey Monuments 8 ea. 150.00 1,200.00 0% $0 3. Street Lights 4 ea. 6,000.00 24,000.00 0% $0 4. Street Name Signs 4 ea. 300.00 1,200.00 0% $0 5. "Warning Reg." Signs 3 ea. 300.00 900.00 0% $0 6. Street Signs 3 ea. 300.00 900.00 0% $0 Sub Total $ 33,000.00 $0 SmlthTech Page 3 913!2014 CC Meeting 11105114 151 SUMMARY: COMPLETED CREDIT % AMOUNT EARTHWORK $ 133,000.00 100% $ 133,000.00 STREET IMPROVEMENTS $ 347,763.00 16% $ 56,385.00 WATER SYSTEM $ 121,487.00 80% $ 97,189.60 SEWER SYSTEM $ 75,460.00 80% $ 60,368.00 DRAINAGE $ 82,705.00 90% $ 74,435.00 MISCELLANEOUS $ 33,000.00 0% $ SUBTOTAL $ 793,415.00 CREDIT S 421,377.60 NEW TOTAL S 372,437.40 20% CONTINGENCY $ 158,683.00 $ 74,407.48 Enforcement Fee $ 15,000.00 $ 15,000.00 TOTAL ESTIMATE $ 967,098.00 S 461,444.88 LABOR& MATERIALS L.O.C. $ 234,722.44 FAITHFUL PERFORMANCE L.O.C. S 461,444.88 pF.OiES�v� NO 15473 " Ex�:. x•33-?5 �.;e�. c SmithTech Page 4 9/3/2014 CC Meeting 11105114 152 VALLEY REPUBLIC BANK IRREVOCABLE STANDBY LETTER OF CREDIT NO.2014.113 Date of issue: October 15,2014 Date of Expiration:Jude S,2016 Beneficiary: For the Account of. City of Bakersfield FROEHLICH SIGNATURE HOMES,INC. 1501 Truxtun Avenue P.O.Box 22617 Bakersfield CA 93301 Bakersfield CA 93390 We hereby establish Irrevocable Standby Letter of Credit No.2014.18, in your favor, for the account of Froehlich Signature Homes,inc.a California Corporation, P.O.Box 22617,Bakersfield CA 93390, up to the aggregate amount of Four Hundred Sixty One Thousand Four Hundred Forty Four dollars and 98/100 U.S.Dollars($461,444.88).This Letter of Credit is far the purpose of Performance for the improvements to Phase 1 of Tract 7231. This amount is available by presentation of your draft(s) drawn on us, at sight and duly endorsed,accompanied by the following: Original Letter of Credit and any amendments, a dated and signed statement by an authorized representative of the City of Bakersfield saying that"FROEHLICH SIGNATURE HOMES, INC., a California Corporation is in default on the improvements of Phase I of Tract 7231 the amount of the drawing is due and payable. A11 draft(s) so drawn must bear the cause, "Drawn under Valley Republic Bank Irrevocable Standby Letter of Credit Number 2014-18 dated October 15,2014". Partial Drawings are permitted. We hereby engage with you that drafts so drawn shall be duly honored upon presentation if drawn and negotiated in compliance with the terms here of. Except so far as otherwise expressly stated herein,this Letter of credit is subject to the Uniform Customs and Practices for Documentary Credits, 1993 Revision, International Chamber of Commerce Publication No.500. Valley Republic Bank By: Jar Smi ,Executive Vice President I 5M CaNtamia Arenue,Suite 110 Sal[ersfia1d,CA 93309 I@Woonefifi1.371.2000 Fa 661.371,2010 rrnre.ralfeyrepu6lieCankcam r_VWlRIT n CC Meeting 11105114 153 VALLEY REPUBLic BANK IRREVOCABLE STANDBY LETTER OF CREDIT NO-2 014-16 Date of Issue:October I5,2014 Date of Expiration:March 5,2o15 Beneficiary: For the Account of: City of Bakersfield FROEHUCH SIGNATURE HOMES iNC 1541 Truxtun Avenue P.O.Box 22617 Bakersfield CA 93301 Bakersfield CA 93390 We hereby establish Irrevocable Standby letter of Credit No.2014-16, in your favor, for the account of FROEHLICH SIGNATURE HOMES, INC., a California Corporation, P.O. Box 22617, Bakersfield Ca 93390, up to the aggregate amount of Two Hundred Thirty Thousand Seven Hundred Twenty Two dollars and 44/100 U.S.Dollars($230,722.44),This letter of Credit is for the purpose of the Labor and Materiais for the improvements to Phase I of Tract 7231. This amount is available by presentation of your draft(s) drawn an us, at sight and duly endorsed,accompanied by the following: Original Letter of Credit and any amendments, a dated and signed statement by an authorized representative of the City of Bakersfield saying that"FROEHLICH SIGNATURE HOMES, INC,a California Corporation is in default on the improvements of Phase I of Tract 7231 the amount of the drawing is due and payable. All draft[s) so drawn must bear the cause, "Drawn under Valley Republic Bank Irrevocable Standby Letter of Credit Number 2014-16 dated October 15,2014", Partial Drawings are permitted. We hereby engage with you that drafts so drawn shall be duly honored upon presentation if drawn and negotiated in compliance with the terms hereof. Except so far as otherwise expressly stated herein,this Letter of credit is subject to the uniform Customs and Practices for Documentary Credits, 1993 Revision, International Chamber of Commerce Publication No,500, Valley Republic Bank By: Jac ecu tive Vice President 5000 CHMomla Avenue,Suk@ 1 f 0 9akars6eld,CA 93309 Telephone 661.371.2000 FaK 661.3T12010 wwrr.410MpubAcbank.rom F i CC Meeting 11105114 7 154 SIGNDEV-02 CGREEN CERTIFICATE OF LIABILITY INSURANCE 9/9119!2014 2014Y'' 9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED.the policy(tes)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER-L10Einse 4 OE02096 NAME:CONTACT DiBuduo 8 OeFendis Insurance Brokers,LLC PHONE :R681 322-9993 we�,:X681]322-9714 P.O.Box 9548 No Bakersfield,CA 93389-9548 EI AOQ-MAR L E$$: INSURER(31 AFFORDING ODVERAGE NAICS INSURER A-Financial Pacific Insurance Com pany 31453 _ INSURED INSURER B:State Compensation Insurance Fund 35076 Froehlich Signature Homes,Inc, INSURER c P.O.Box 22617 INSURER 0: Bakersfield,CA 93390 INSURER E: ` INSURER F: - -^•••• COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES-LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. kTR TYPE OF INSURANCE D POLICY NUMBER A MIDgPn= MM;DD�P LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE T OCCUR X 60418598 10/01/2014 10/01/2015 PREMISES Ea occurrence S 100,00 ME EXP(Any one Person) $ 5,00 PERSONAL A ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER; GENERAL AGGREGATE = 2,000,00 POLICY JECT F-1 LOC PRODUCTS-COMPIOPAGG $ 2,000,0 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea acc de t $ 1,000,00 A X ANY AUTO 60418598 10/01/2014 10101120'15 BODILY INJURY(Per person) t: ALUTOS ED x AUTOS BODILY INJURY(Per accident) $ NON-OVAIED X HIREDAUTOS AUTOS PerOawdeM AMA E $ S UMBRELLA LIAO X OCCUR EACH OCCURRENCE is A X EXCESS uAS CLAIMS-MADE 50418598 10/01/2014 10101/2015 AGGREGATE 's DED RETENTION$ 1 $ 1,000,000 WORKERS COMPENSATION P OTN- AND EMPLOYERS'LIABILITY YIN x STATUTE ER B OFFICERIMEMBR EXCLUDED?ECllTIVE NIA 906295414 07/01/2014 07104!2015 E.L.EACH ACCIDENT $ 1,000,000 (Mandatory In NH) E-L DISEASE-EA EMPLOYE $ 1,000,000 K yak describe under DESCRIPTION OF OPERATIONS below E-L.DISEASE-POLICY LIMIT $ 1,000,00 --------------,T DESCRIPTION OF OPERATIONS 1 LOCATIONS?VEHICLES(ACORD 501,Additional Remarks Schedule,may be attached if more space is required) The City of Bakersfield is additional insured with respects to General Liability coverage per attached form#CG201OR1211. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Bakersfield ACCORDANCE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1501 Truxtun Ave Bakersfield,CA 93301 AUTHORJZEaD.LREPRESENTA nVE 1 — ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD r,'Y r CC Meeting 11105114 155 POLICY NUMBER: CG 20 1OR 12 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS (WITH LIMITED COMPLETED OPERATIONS COVERAGE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART BUSINESSOWNERS COVERAGE FORM SCHEDULE NAME OF PERSON OR ORGANIZATION the qualifying language above because of Any person or orgarlizatlon to whom or to which payments we make for injury. the named insured is obligated by a virtue of a written contract to provide insurance that is LOCATION OF JOB: afforded by this policy. Where required by The job location must be within the State of contract, the officers, officials, employees, domicile of the named insured, or within any directors, subsidiaries, -partners, successors, contiguous State thereto, parents, divisions, architects, surveyors and engineers are included as additional insureds. DESCRIPTION OF WORK: All other entitles, including but not limited to The type of work performed must be that as agents, volunteers, servants, members and described under classifications in the CGL partnerships are included as additional insureds, Coverage Part Declarations, If required by contract, only when acting within the course and scope of their duties controlled and supervised by the primary (first) additional insured. If an owner Controlled Insurance Program is involved, the coverage applies to off. PRIMARY CLAUSE: site operations only. If the purpose of this When this endorsement applies and when endorsement is for bid purposes only, then no required by written contract, such insurance as coverage applies, is afforded by the general liability policy is Primary Insurance and other insurance small be WHO IS AN iNSVRED: (Section II] excess and shall not contribute to the insurance This section is amended to include as an afforded by this endorsement. insured the person or organization within the scope of the qualifying language above, but only E CLUSIO to the extent that the person or organization is This insurance provided to the additional insured held liable for your acts or omissions in the does not apply to "bodily injury", "properly course of "your work" for that person or damage" or "personal and advertising injury" organization by or for you. The "products- arising out of an architect's, engineer's or completed operations hazard" portion of the surveyor's rendering or failure to render any policy coverage as respects the additional professional services, including: insured does not apply to any work involving or 1. The preparing, approving, or failing to related to properties intended for residential or prepare or approve, maps, designs, hatitat€oval occupancy (other than apartments). shop drawings, opinions, reports. This clause does not affect the "products- surveys, field orders, change orders, or completed operations" coverage provided to the drawings and specifications; and narned insured(s). 2, Supervisory, inspection, architectural or engineering activities, WAIVER OF SUBROGATION: We waive any right of recovery, when required Endorsement EFFECTIVE DATE: SEE DEC by written contract, that we may have against the person or organization within the scope of Endorsement EXPIRATION DATE: SEE DEC CG 20113Ft 12 11 Page l of 1 Includes copyrighted material o°Insurance Services office,lnc.,with[,,a permission I$90111 11111 low"••••----...._._.__.....__...__. r� nrr r CC Meeting 11/05/14 156 ENDORSEMENT AGREEMENT BROKER COPY COMPENSATION WAIVER OF SUBROGATION REP 35 INSWRANCr FUND 9062954-14 RENEWAL NE HOME OFFICE 2-45-43-55 SAN FRANCISCO EFFECTIVE JULY 1, 2014 AT 12.01 A.M. PAGE 1 OF 1 ALL EFFECTIVE DATFSARE AND EXPIRING JULY 1, 2015 AT 12,01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME FROEHLICH SIGNATURE HOMES, INC. PO BOX 22617 BAKERSFIELD, CA 93390 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, THE CITY OF BAKERSFIELD WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS PDLICY IN CONNECTION WITH WORK PERFORMED BY, FROEHL.ICH SIGNATURE HOMES, INC. IT IS FURTHER AGREED THAT THE INSURED $HALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03%. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL RE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED, NOT14ING ELSEWHERE IN THIS POLICY SHALL BE- HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ZSSCED AT SAN FRANCISCO: JULY 3, 2014 ALI 2570 THORIZEI7 REPR1$ENT 1VE SClF FOAM PRESIDENT AND CEO 10717 iREV.1-20171 OLD DP 217 CC Meeting 11/05114 157 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 CONSENT - Agreements I. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/22/2014 WARD: Ward 7 SUBJECT: Final Map and Improvement Agreement with Froehlich Signature Homes, for Tract 7231 , Phase 2, located north of Taft Highway and west of Wible Road. STAFF RECOMMENDATION: Staff recommends approval of map and agreement. BACKGROUND: The Developer has submitted its final map for City approval. Approval of this final map is included on this Administrative Report. An Improvement Agreement (Agreement) outlining the Developer's responsibilities for onsite infrastructure improvements typically accompanies approval of the final map. Per Bakersfield Municipal Code Chapter 16, "Subdivisions", Tentative Tract Map 7231 Phase 2 was conditioned by the Planning Commission to construct certain improvements within and adjacent to the tentative tract map as are necessary for the general use of the owners of those lots created by the final maps. This Agreement is entered into to secure these improvements which include but are not limited to streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. The term of this Agreement is one year from the date of the Agreement. Notices of Completion or final inspections will not be allowed for any building within the bounds of this final map until these required improvements are completed and accepted by the City of Bakersfield and a Notice of Completion is filed for this Agreement. ATTACHMENTS: Description Type ❑ Tract Map Backup Material ❑ Tract 7231 Phase 2 Improvement Agreement Agreement ❑ Exhibit A-T7231-2 Exhibit ❑ Exhibit B -T7231-2 Exhibit ❑ Exhibit C -T7231-2 Exhibit ❑ Exhibit D -T7231-2 Exhibit ❑ Exhibit E -T7231-2 Exhibit CC Meeting 11105114 158 s a s o aka w�" ism G 9 ar a � £ � �gg mg n0 U Jwz °yoLL al Md 3181M VA jiuj = I I IIIm rm I I o o N 9 I — a v 0 U r r `s o P. - n o - P o e m�o ems zor we x. m - i I v O) k 1YIU110BJJItl! �- a „ y 0 l r a w I s c`k m I LL n aou z-� ��sx.aox 660 . oG - m oo u no _ I� w� I _ % �t3 wl WU, 00A. Ohl 'WI z vT/BLZI o »S �K Y 8,m a o m o 10 S8£ 3 SAOI GS pgg Cd'a6 9t i59i I A a (f _ R cc R R e R J X.a �> et fZ all5 NNtld q �: mR 2 n s `z TI N 3 c ��� ,6 9C % P'J'9GP d w cl s oiu :M n! CC Meeting 11105114 159 IMPROVEMENT AGREEMENT NO. FOR TRACT 7231 PHASE 2 This IMPROVEMENT AGREEMENT ("Agreement") is entered into on and effective as of (the "Effective Date"), by and between the CITY OF BAKERSFIELD, a municipal corporation ("City") and Froehlich Signature Homes, a corporation authorized to do business in California ("Developer"). RECITALS WHEREAS, Developer is developing and subdividing land in the City of Bakersfield, commonly referred to as Tract 7231 Phase 2 (the "Project"), under the provisions of the Subdivision Map Act (Govt. Code §§ 66410 et seq.) ("Map Act"), and the Subdivision Ordinance of City (Title 16 of the Bakersfield Municipal Code ("BMC")) ("Ordinance"); WHEREAS, City's Planning Commission, an advisory agency, has approved Developer's tentative map subject to certain approved exceptions and conditions; and WHEREAS, Developer has submitted its final map to City for approval in accordance with the Map Act and the Ordinance and desires to enter into this Agreement with City to complete the required improvement work in the Project within the time and in the manner provided herein. AGREEMENT Incorporating herein the above recitals, City and Developer agree as follows: 1. IMPROVEMENTS TO BE CONSTRUCTED. Developer will construct in the Project, at its sole cost and expense, those facilities and improvements (herein collectively referred to as "Improvements") required by BMC Sections 16.32.060 or Section 16.32.080, whichever is applicable, required in the resolution adopted by the City Planning Commission on June 6, 2413, and/or required in a resolution extending the expiration of the tentative map, if applicable. The Planning Commission's resolution and the resolution extending the expiration of the tentative map, if applicable, are on file in the City Planning Department and incorporated in this G:/GROUPDAT/AGREEMENTSIPWAGREEMENT5/2014/T 7231-2 IMP AGR Page i of 14 CC Meeting 11105114 160 Agreement as though fully set forth herein. 2. MANNER OF CONSTRUCTION. The Improvements must be installed and constructed in accordance with all of the following: 2.1. Title 16 of the BMC; 2.2. The Map Act; 2.3. Plans, specifications, profiles, and standards approved by City Engineer (when used in this Agreement, "City Engineer" also refers to City Engineer's designee); 2.4. Adopted City standards; and 2.5. Good engineering practices and workmanlike manner. All Improvements will be subject to inspection by City Engineer and must be completed to City's satisfaction before the Improvements will be accepted by City. 3. TIME FOR COMPLETION. All of the Improvements must be fully completed in accordance with the terms of this Agreement to the satisfaction of City Engineer within one year from the Effective Date unless City Engineer grants an extension of the time for completion. 4. RECORDING OF NOTICE OF COMPLETION; ISSUANCE OF CERTIFICATES OF OCCUPANCY; FINAL INSPECTIONS. 4.1. When Developer notifies City Engineer that Developer has completed construction of the Improvements, City Engineer will conduct an inspection of the Improvements and notify Developer of any deficiencies in the Improvements. 4.2. When Developer corrects the deficiencies, if any, in the Improvements to City Engineer's satisfaction, City Engineer will accept the Improvements. 4.3. After the Improvements are accepted by City Engineer, City will record a notice of completion Tithe "NOC") once Developer provides City Engineer with relevant items identified on the Checklist for Notice of Completion, attached hereto as Exhibit A and incorporated herein by this reference. G:IGROUPDATI AGREEMENTS/PWAGREEMENTSJ20141T7231-2 IMPAGR Page 2 of 14 CC Meeting 11105114 161 4.4. City Building Director will not conduct ❑ final inspection or issue any certificates of occupancy to Developer for any lot within the phase' covered by this Agreement (the "Covered Phase") until City records the NOC. 5. GUARANTEE AGAINST DEFECTS. Developer hereby guarantees all features of the Improvements against detective work or labor done, or defective materials furnished, in the performance of this Agreement for a period of one year following recordation of the NOC. Upon City's demand, Developer will correct, repair, or replace promptly all such defective work or labor done, or defective materials furnished, as may be discovered within the one-year guarantee period. The one-year guarantee period on private improvements will begin when the NOC is recorded. 6. IMPROVEMENT SECURITY. 6.1. Required Secures. Developer must provide acceptable security (the "Security") as detailed in Exhibit B, which is incorporated herein by reference, for the following obligations: 6.1.1. Performance of the obligations of the Agreement by a full and timely completion of the improvements; 6.1.2. Labor & Materials/Payment to all contractors and subcontractors and to persons renting equipment or furnishing labor or materials for the Improvements, except as provided in BMC Section 16.32.040, and 6.1.3. Warranty/Maintenance against any defective work or labor performed on or defective materials furnished for the Improvements for a period of one year following recordation of the NOC of the Improvements as outlined above. 6.2. Acceptable Security. City Engineer has the sole discretion to determine which of the following forms of Security is acceptable: 6.2.1. A bond or bonds by one or more duly authorized corporate sureties that substantially conforms with the form set forth in Government Code Section 66499.1 or any successor statute; 6.2.2. Cash deposited with City; or 1 For tracts that have no phases, the term "Covered Phase" refers to the Project. G:/GROUPDAT/AGREEMENTS/PWAGREEMENT5/2014/T7231.2 IMP AGR Page 3 of 14 CC Meeting 11105114 162 6.2.3. An irrevocable letter of credit from one or more responsible financial institutions regulated by state or federal government and pledging that the funds are on deposit and guaranteed for payment on demand by City. 6.3 Developer's Obligation to Maintain Security. It is Developer's sole responsibility to maintain the Security as follows: 6.3.1 Developer must provide City with the original Security documentation for all required Security as outlined in Exhibit B. Copies of the Security documents provided by Developer are attached to this Agreement as Exhibit D. 6.3.2 Developer must ensure that all Security is current and that there is no gap in Security coverage. At least sixty days before any Security required by this Agreement expires or otherwise becomes invalid, Developer must take steps to keep the Security current or provide new Security. Any failure by Developer to comply with these provisions will constitute a material breach of this Agreement, and City may, in addition to all other remedies provided by law or this Agreement, immediately pursue whatever Security is available for completion of all Developer obligations under this Agreement. 6.3.3 Developer must provide City with the appropriate mailing address, phone number, state license number, if applicable, and email address for the contact person associated with each form of Security and identify the local representative and corporate headquarters of the company providing the Security ("Contact Information"). It is Developer's responsibility to ensure that City is provided with updates to any of the Contact information. 6.4 Release of Securi . The Security will be released as described in Exhibit B. 7. DEFAULT: REMEDIES. 7.1. Default. Developer will be in default of this Agreement if City Engineer, in the exercise of reasonable discretion, determines that any of the following exist: G:I GRGUPDAT/AGREEMENTS/PWAGREEMENT5/2a14/T7231-2 IMP AGR Page 4 of 14 CC Meeting 11105114 163 7.1.1. Developer has failed to properly and fully complete all of the Improvements in accordance with this Agreement within the time, or any extension of time, provided herein; 7.1.2. Developer has failed or neglected to begin the Improvements, or any feature of the Improvements, within a time which will reasonably allow their completion within the time, or any extension of time, provided in this Agreement: 7.1.3. Developer has abandoned any of the work on the Improvements; 7.1.4. Developer, if an individual, has been declared incompetent or placed under the care of a guardian or conservator, or has disappeared; 7.1.5. Developer is subject to a voluntary or involuntary petition in bankruptcy or has been declared bankrupt; 7.1.6. Developer changes the form of its business entity to a form different than the one identified in the introductory paragraph above; or 7.1.7. Developer or owner of the Project transfers ownership of the Project. 7.2. Remedies. If Developer is in default of this Agreement, City may, in its sole discretion, immediately exercise any of the fallowing remedies without prejudice to any other remedy City may have in law or equity: 7.2.1. Demand that any available surety pay for the completion of the Improvements; 7.2.2. Demand that any available surety assume Developer's obligations under this Agreement, in lieu of payment of the secured funds; 7.2.3. Provide the necessary supervision, equipment, materials, and labor as it may determine necessary, using any available means, to undertake and complete the Improvements or any part thereof in the manner required by this Agreement at Developer's and its surety's expense, and Developer and its G:IGROUPDATI AGREEMENTS/PWAGREEMENT5/2614/T7231-2 IMF AGR Page 5 of 14 CC Meeting 11105114 164 surety, jointly and severally, will be liable to City and must pay City, on demand, any expenses, costs, fees, or other expenditures incurred by City in the course thereof-, 7.2.4. Combine the payment of secured funds and the completion of Developer's obligations under this Agreement by City forces and/or other entities, 7.2.5. Withhold the issuance of building permits or performance of inspections for any lot within the Covered Phase if the Improvements in any current or earlier phase of the tract have not been completed in a timely manner at the time Developer requests building permits or inspections for any lot within the Covered Phase; 7.2.6. Withhold the issuance of building permits in subsequent phases until all Improvements in the Covered Phase are completed and approved by City Engineer; and 7.2.7. Revert the real property to acreage. By executing this Agreement, Developer warrants that it has authority from each party having record title interest in the Project to act as such party's agent for purposes of the provisions of this subsection and to waive, and, hereby, waives any right to a hearing on such reversion. Right of Entr . If City elects to exercise its right to the secured funds under this section, Developer hereby grants the right of entry to the Project to City, the surety, and the City's and surety's designated representatives for the purposes of completion of the Improvements or evaluation of any claims on secured funds under this Agreement. It is the responsibility of City, the surety, or the City's or surety's designated representatives to obtain any permission necessary for legal entrance to and/or construction on the Project from the Project's owner should Developer not own or have rights to the Project. It is also the responsibility of the surety to provide adequate insurance and comply with all regulations, permits, and ordinances while on the Project site or before beginning any work within City's right-of-way. 8. NO WAIVER OF DEFAULT. A failure to enforce any provision of this Agreement will not constitute a waiver of the right to enforce the provision of a later time and will not serve to vary the terms of this Agreement. G:IGROUPDATI AGREEMENTSIPWAGREEMENTS 120141T7231-2 IMP AGR Page 6 of 14 CC Meeting 11105114 165 9. NO WAIVER BY CITY. Inspection of the work and/or materials, or approval of the work and/or materials inspected, or a statement by any officer, agent, or employee of City indicating the work or any part thereof complies with the requirements of this Agreement. or acceptance of the whole or any part of the work and/or materials, or payments therefore, or any combination of all of these acts, will not relieve Developer of the obligation to fulfill this Agreement as prescribed; nor will City be thereby estopped from bringing any action for damages arising from Developer's failure to comply with any of the terms and conditions of this Agreement. 10. INDEMNITY. 10.1 Developer will indemnify, defend, and hold harmless City and its Council, officers, agents, and employees against any and all liability, claims, actions, causes of action, or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by Developer or Developer's employees, agents, independent contractors, or companies in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by City, except as limited by California Civil Code Section 2782 or caused by City's sole active negligence or willful misconduct. 10.2 Developer, at its own cost, expense, and risk must defend all legal proceedings that may be brought against City or its Council, officers, agents, or employees, on any liability suit, claim, or demand that Developer has agreed to indemnify them against herein, and must satisfy any resulting judgment that may be rendered against any of them. 10.3 Developer's surety providing the Performance Security will not be deemed liable under any of the foregoing provisions of this section, unless the surety undertakes the completion of any of the Improvements or the conduct of work required to be done under this Agreement, and then only to the extent of any act, omission, or neglect of the surety or its engineers, employees, agents, contractors, or subcontractors in the course of the completion of those Improvements or the conduct of that work by the surety. G'/GROUPDAT1AGREEMENTS IPWAGREEMENTS120141T7231-21MP AGR Page 7 of 14 CC Meeting 11105114 166 11. INSURANCE. 11.1. Types and Limits of Insurance. In addition to any other insurance or Security required under this Agreement, Developer must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"). 17.1.1. Automobile liability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. 11.1.2. Commercial general liability insurance, unless otherwise approved by City's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits at not less than $1,000,000 per occurrence. The policy must: 11.1.2.1. Provide contractual liability coverage for the terms of this Agreement; 11.1.2.2. Provide unlimited products and completed operations coverage; 11.1.2.3. Provide premises, operations, and mobile equipment coverage; and 11.1.2.4. Contain an additional insured endorsement in favor of City and its mayor, council, officers, agents, employees, and designated volunteers. 11.1.3. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, Developer must submit to City the following certification before beginning any work on the Improvements: G:1 GROUPDAT1AGREEMENTS IPWAGREEMENTS12014/T7231-2 IMP AGR Page 8 of ]4 CC Meeting 11105114 167 I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Developer is submitting the certification required above. The policy must contain a waiver of subrogation in favor of City and its mayor, council, officers, agents, employees, and designated volunteers. 11.2. General Provisions Applying to All Insurance Types. 11.2.1. All policies required of Developer must be written on a first- dollar coverage basis, or contain a deductible provision. Subject to advance approval by City, Developer may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured. 11.2.2. All policies required of Developer must be primary insurance as to City and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by City and its mayor, council, officers, agents, employees, and designated volunteers must be excess of Developer's insurance and must not contribute with it. 11.2.3. The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by City's Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or G:1 GROUPDATI AGREEMENTSIPWAGREEMENTSI2Ol4 IT7231-2 IMP AGR Page 9 of 14 CC Meeting 11105114 168 insurance rated below Best's A-:VII, must be declared prior to execution of this Agreement and approved by City in writing. 11.2.4. lJnless otherwise approved by City's Risk Manager, all insurance policies must contain an endorsement providing City with a thirty--day written notice of cancellation or material change in policy language or terms. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. 11.2.5. The insurance required in this section must be maintained until the Warranty/Maintenance Security is released. 11.2.6. Developer must furnish City Risk Manager with a certificate of insurance and required endorsements, copies of which are attached to this Agreement as Exhibit E, evidencing the insurance required and identifying the tract number and phase of the Project, when Developer submits the executed Agreement and final map to City for approval. 11.2.7. It is further understood and agreed by Developer that its liability to City will not in any way be limited to or affected by the amount of insurance obtained and carried by Developer in connection with this Agreement. 11.2.8. Unless otherwise approved by City, if any part of the work under this Agreement is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if City has approved lesser insurance requirements for Developer, and all subcontractors must agree in writing to be bound by the provisions of this section. 12. MISCELLANEOUS. 12.1. Governing low. The laws of the State of California will govern the validity of this Agreement, its interpretation, and its performance. Any litigation arising in any way from this Agreement must be brought in Kern County, California. 12.2. Notices. All notices related to this Agreement must be given in writing, must be personally served or sent by certified or registered G:I GP0UPDAT/AGREEMENTS/PWAGREEMENT5/2014/T7231-2 IMP AGR Page 10 of 14 CC Meeting 11105114 169 mail, and will be effective upon actual personal service or depositing in the United States mail. The parties must be addressed as follows, or at any other address designated by notice: City: CITY OF BAKERSFIELD Public Works Department Attention: Subdivisions 1600 Truxtun Avenue Bakersfield, California 93301 Telephone: (661 ) 326-3577 Developer: Froehlich Signature Homes P.O. Box 22617 Bakersfield, California 93390 Telephone: (661) 664-7130 Email: maryann @f roe hlichhomes.com Surety: ❑iBuduo & DeFendis Insurance Attn: Stuart Gentry P.O. Box 9548 Bakersfield, California 93389 Telephone: (661) 322-9993 Email: sgentry @dibu.com License No.: OE02096 12.3. Assignment. Neither this Agreement nor any rights, interests, duties, liabilities, obligations, or responsibilities arising out of, concerning, or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort, or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited and will be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties. 12.4. Binding Effect.ffect. The rights and obligations of this Agreement will inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors, and assigns. G!IGROUPE)AT1AGREEMENTSIPWAGREEMENTS 12014IT7231.2 IMP AGR Page 1 1 of 14 CC Meeting 11105114 170 12.5. Merger and Modification. All prior agreements between the parties are incorporated in this Agreement, which constitutes the entire agreement of the parties. its terms are intended by the parties as a final expression and complete and exclusive statement of their agreement with respect to the terms that are included herein and may not be contradicted by extrinsic evidence of any prior agreement or contemporaneous oral agreement in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 12.6. Corporate Authority. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 12.7. Independent Contractor. This Agreement calls for the performance of Developer's services as an independent contractor. Developer will not be considered an employee of City for any purpose and is not entitled to any of the benefits provided by City to its employees. This Agreement must not be construed as forming a partnership or any other association with Developer other than that of an independent contractor. 12.8. Agreement Mutually Drafted. This Agreement is the product of negotiation, and all parties are equally responsible for its authorship. California Civil Code Section 1654 does not apply to the interpretation of this Agreement. 12.9. Exhibits. If there is a conflict between the terms, conditions, or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement will prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actuary attached. 12.10.Tax Numbers. Developer's Federal Tax Identification No. 74-3079512 Developer is a corporation? Yes X No (Please check one.) G:I GROUPOAT/AGREEMENTSIPWAGREEMENTS/2014/T7231-2 IMP AGR Page 12 of 14 CC Meeting 11105114 171 12.11. Non-Interest. No officer or employee of City may hold any interest in this Agreement (California Government Code Section 1090). 12.12. Further Assurances. Each party will execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. [remainder of page intentionally left blank] G:IGROUPDATI AGREEMENTS IPWAGREEMENT512D141T7231-2 IMP AGR Page 13 of 14 CC Meeting 11105114 172 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above. CITY DEVELOPER CITY OF BAKERSFIELD FROEHLICH SIGNATURE HOMES t By: By: �'{,� HARVEY L. HALL {�f r p, Mayor Print Ncme:l""�1Ii► Title: �I APPROVED as to form: VIRGINIA GENNARO City Attorney By. Print Name: By: ANDREW HEGLUND Title: Deputy City Attorney Insurance/Surety: APPROVED as to content: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director COUNTERSIGNED: By: NELSON K. SMITH Finance Director Attachments: Exhibit A-Checklist for Notice of Completion Exhibit B- Required Security Exhibit C-Engineer's Estimate Exhibit n-Security Exhibit E-Certificate of Insurance G'1 GRC)UPDATJAGREEMENTE/PWAGREEMENTS/2014/T7231-2 IMF AGR Page 14 of 14 CC Meeting 11105114 173 GENERAL CALIFORNIA ACKNOWLEDGEMENT State of California } ,— )s5' County of On before me � Notary Public(here insert name and title of the officer) personally appeared ! -sty V who proved to me on the basis of satisfactory evidence to be the persons), whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the persons)or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. C.KOHLER NOTARY PUBLiC-CALIFORNIA y �3 COMMISSION#2026584 KERN COUNTY My Comm.Exp.May 31,2017 Signature {seal} State of California } }ss. County of } On before me Notary Public(here insert name and title of the officer)personally appeared who proved to me on the basis of satisfactory evidence to be the persons), whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by his/her/their signatures)on the instrument the person(s) or the entity upon behalf of which the persons) acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) File No.: 01180-83826 CA Notary Acknowledgement CC Meeting 11105114 174 PUBLIC WORKS DEPARTMENT CITY OF BAKERSFIELD SUBDIVISIONS CHECKLIST FOR NOTICE OF COMPLETION Project No. Phase No. GENERAL INSTRUCTIONS Submit a copy of this checklist with your Notice of Completion package. Include all items on this checklist with your package. If an item is already on file with the City, please so note. If any item is marked as NA (not applicable), provide a written justification or explanation. Failure to submit this checklist or to address ail items on the checklist will result in a delay in filing the Notice of Completion and/or in the release of any securities. Processing of a Notice of Completion cannot proceed until Subdivisions has received direct confirmation from the Construction Division that the punch list items are complete. OK NA Checklist Item City's punch list, completed and signed off by Construction Inspector. Monument elevation map provided to the City. Record drawings of the required improvements, signed by the Engineer of Record _ Utility com osite plan, including street light electrical service points. Warranty security as required shall be posted "As- raded" plans, signed by the Engineer of Record Letter from engineer of record certifying that monuments have been set and that the engineer has been paid for setting the monuments. Maintenance letter from Recreation and Parks Other items required by tract conditions: EXHIBIT A CC Meeting 11105114 175 FOR PRIVATE TRACTS ADD THE FOLLOWING ITEMS: OK NA Checklist item -.. . ... ... - - - - Provide certification to the City Engineer that, except as otherwise provided, the private improvements have been constructed to City standards, ordinances, and policies, ail in accordance with approved cans. This shall be stamped and signed by the Engineer of Record. Submit to the City Engineer copies of the sewer video, forms, and the inspection to _ Provide written verification from the Fire Department that all gates, locks. and keys have been installed or provided to their satisfaction EXHIBIT A CC Meeting 11105114 176 Required Security TYPE OF Labor& Materials/ Warranty/ SECURITY Performance Payment Maintenance WHEN When Developer submits executed Agreement When Developer Before City records REQUIRED and final mop to City for approval submits executed the NOC of the Agreement and final Improvements map to City for approval AMOUNT OF 100% of the total estimated cost of the 50% of the total 10% of the total SECURITY Improvements as reflected in the Engineer's estimated cost of estimated cost of Estimate attached hereto as Exhibit C and the Improvements as the Improvements incorporated herein by reference ("Engineer's reflected in the as reflected in the Estimate") attached Engineer's attached Engineer's Estimate Estimate DATE OF Within 30 days after City records a NOC of the 90 days after City 18 months after RELEASE/ Improvements: but, if City discovers that records a NOC of recordation of the REDUCTION developer performed defective work or labor the Improvements NOC of the or furnished defective materials in completing unless City receives Improvements the improvements or Developer damages the written notice that Improvements after City records the NOC, the an action or stop Security will be released only after Developer notice has been has repaired or replaced the defective or filed related to the damaged Improvements to City's satisfaction. construction of the Improvements. in When submitted to City, the Performance which case the Security, on its face, must be effective for no Security, at fewer than 18 months after the Effective Date Developer's request, of this Agreement and subject to the may be reduced to requirements of this section. City may. in its sole an amount not less discretion, authorize a reduction of the face than the total of all value of the Performance Security, if requested claims on which an by Developer, once the Improvements are action or stop notice sufficiently completed to make them has been filed operational and usable as a public improvement. If the reduction is authorized. City will use the Engineer's Estimate to determine the amount of the reduction based on the portion of the improvements completed: but, in no case, will City authorize a reduction of the face value of the Security below 50%of the originally required amount, EXHIBIT B CC Meeting 11105114 177 SnilTeNcltt USA I Iii C 0 R P a R A T E D ENGINEER'S ESTIMATE Date: Sept. 2,2014 Tract 7231 Phase 2 Project: Froehlich Signature Homes,Inc. Sanding Numbers No. of Parcel/Lots: 31 Job No. 12-105 Approximate °In Item Description Quantities Unit Price Total Complete Total Credit EARTHWORK: i. Excavation- streets 7,460 cu. yd. $ 25.00 $ 186,500.00 100% $ 186,500.00 Sub Total $ 186,500.00 $ 185,500.00 STREET IMPROVEMENTS: CREDIT 1. 6" Curb and Gutter 3,306 In. ft. $ 25.00 $ 82,650.00 90% $ 74,385.00 2. 4" Concrete Sidewalk 15,465 sq. ft. 6.00 92,790.00 0% $0 3. 6" Concrete Driveway 3,069 sq. ft. 9.00 27,621.00 0% $0 4. A.C. Paving 1,409 tons 75.00 105,675.00 0% $0 5. Agg. Base 1,808 cu.yd. 70.00 126,560.00 0% $0 6. Wheel Chair Ramps 4 ea. 2,500.00 10,000.00 0% $0 7. Saw Cut 240 In. ft. 3.00 720.00 0% $0 Sub Total $446,016.00 $ 74,385.00 EXHIBIT C SmithTech Page 1 CC Meeting 11105114 178 WATER SYSTEM: CREDIT 1. 8" Water Main 2,940 In. ft. $ 35.00 $ 102,900.00 80% $ 82,320.00 2. 8" Gate Vale 6 ea. 1,050.00 6,3017.00 80% $ 5,040.00 3. 1" Service 31 ea. 1,100.00 34,100.00 80% $ 27,280.00 4. 8" Tee 2 ea. 281.00 562.00 80% $ 449.60 5. Fire Hydrant 3 ea. 4,000.00 12,000.00 80% $ 9,600.00 6. Tie-In 1 ea. 1,100.00 1,100.00 80% $ 880.00 7. Hot Tap 1 ea. 2,100.00 2,100.00 80% $ 1,680.00 8. 2" Blow Off 2 ea. 1,200.00 2,400.00 80% $ 1,920.00 Sub Total 161,462.00 $ 129,169.60 SEWER SYSTEM: CREDIT 1 4" Sewer Lateral 1,039 In. ft $ 30.00 $ 31,170.00 80% $ 24,936.00 2. 6" Sewer Main 336 In_ ft. $ 50.00 $ 16,800.00 80% $ 13,440.00 3. 8" Sewer Main 1,386 In. ft. 55.00 76,230.00 80% $ 60,984.00 4. Standard Manholes 9'-12"deep 2 ea. 3,000.00 6,000.00 80% $ 4.800.00 13'-16' deep 3 ea. 3,600.00 10,800.00 80% $ 8,640.00 5. 6" Clean Out 3 ea. 650.00 1,950.00 80% $ 1,560.00 Sub Total $142,950.00 $ 114,3610.00 SmithTech Page 2 9/3/2014 CC Meeting 11105114 179 DRAINAGE SYSTEM: CREDIT 1. Catch Basin (3.5 Opening) 3 ea. $ 5,000.00 $ 15,000.00 90% $ 13,500.00 2. 18' Storm Drain Pipe 73 In. it. 120.00 8,760.00 90% $ 7,884.00 3. 24" Storm Drain Pipe 488 1n. ft. 130.00 63,440.00 90% $ 57,096.00 4. Manholes 4 ea. 5,000.00 20,000.00 90% $ 18,000.00 Sub Total $ 107,200.00 $ 96,480.04 MISCELLANEOUS: CREDIT 1. Survey Monument Encasement 8 ea. $ 600.00 $ 4,800.00 0% $0 2. Survey Monuments 8 ea. 150.00 1,200.00 0% $0 3. Street Lights 4 ea. 6,000.00 24,000.00 0% $0 4. Street Name Signs 4 ea. 300.00 1,200.00 0% $0 5. "Warning Reg." Signs 3 ea. 300.00 900.00 0% $0 6. Street Signs 3 ea. 300.00 900.00 0% $0 Sub Total $ 33,000.00 $0 SmithTech Page 3 9!312014 CC Meeting 11105114 180 SUMMARY: COMPLETED CREDIT % AMOUNT EARI'HWORK $ 186,500.00 100% $ 186,500.00 STREET IMPROVEMENTS $ 446,016.00 17% $ 74,385.00 WATER SYSTEM $ 161,462.00 80% $ 129,169.50 SEWER SYSTEM $ 142,950.00 80% $ 114,360.00 DRAINAGE $ 107,200.00 90% $ 96,480.00 MISCELLANEOUS $ 33,000.00 0% - SUB TOTAL $ 1,077,128.00 CREDIT S 600,894.60 NEW TOTAL S 476,233.40 20% CONTINGENCY $ 215,425.60 $ 95,246.68 Enforcement Fee $ 15,000.00 $ 15,000.00 TOTAL ESTIMATE $ 1,307,553.60 S 586,480.08 LABOR&MATERIALS L.O.C. S 293,240.04 FAITHFUL PERFORMANCE L.O.C. $ 586,480.08 �pP0EE551p�� No'35473 xA•9-30-15 'sT CIVit-��P F CAUI _ SmithTech Page 4 A1119MA ry unw^n CC Meeting 11105114 181 VALLEY REPUBLIC BANK IRREVOCABLE STANDBY LETTER OF CREDIT NO.2014-I9 Date of Issue: October 15,2074 Date of Expiration:June 5,2016 Beneficiary: For the Account of., City of Bakersfield FROEHLICH SIGNATURE HOMES,INC, 1501 Truxtun Avenue P.O.Box 22617 Bakersfield CA 93301 Bakersfield CA 93390 We hereby establish Irrevocable Standby Letter of Credit No.2014-19, in your favor, for the account of Froehlich Signature Homes,tnc.a California Corporation, P.O.Box 22617,Bakersfield CA 93390, up to the aggregate amount of Five Hundred Eighty Six Thousand Four Hundred Eighty dollars and 08/100 U.S.Dollars($586,480.08).this Letter of Credit is for the purpose of Performance for the improvements to Phase 2 of Tract 7231. This amount is available by presentation of your draft($) drawn on us, at sight and duly endorsed,accompanied by the following: Original Letter of Credit and any amendments, a dated and signed statement by an authorized representative of the City of Bakersfield saying that"FROEHLICH SIGNATURE HOMES,INC.,a California Corporation is in default on the improvements of Phase 2 of Tract 7231 the amount of the drawing is due and payable. All draft(s) so drawn must bear the cause, "Drawn under Vafley Republic Bank Irrevocable Standby Letter of Credit Number 2014.29 dated October 25,2024" Partial Drawings are permitted. We hereby engage with you that drafts so drawn shall be duly honored upon presentation if drawn and negotiated in compliance with the terms hereof. Except so far as otherwise expressly stated herein,this Letter of credit is subject to the Uniform Customs and Practices for Documentary Credits, 1993 Revision, International Chamber of Commerce Publication No.500. Vail epublic Bank By: 1 ck oSith,Executive Vice President 500p CariFomia Arenas,Suits 110 9akerarisld,Cn 93309 Tslsphone 651.971.2000 Fax 061.371.2010 www.vs0ey�puhilc6ank.cun j E CC Meeting 11705/14 182 VALLEY REPUBLIC BANK IRREVOCABLE STANDBY LETTER OF CREDIT NO.2014-17 Date of Issue_ October 15,2014 Date of Expiration:March 5,2015 Beneficiary: For the Account of: City of Bakersfield FROEHLICH SIGNATURE HOMES,INC. 1501 Truxtun Avenue P.O.Box 22617 Bakersfield CA 93301 Bakersfield CA 93390 We hereby establish Irrevocable Standby Letter of Credit 110.2014-17, in your favor, for the account of Froehlich Signature Homes,Inc.a California Corporation, P_o.Box 22617,Bakersfield CA 93 39 0, up to the aggregate amount of Two Hundred Ninety Three Thousand Two Hundred Forty dollars and 04/100 U.S. Dollars($293,240.04),This Letter of Credit is for the purpose of Labor and Material for the improvements to Phase 2 of Tract 7231. This amount is available by presentation of your draft(s) drawn on us, at sight and duly endorsed,accompanied by the following: Original Letter of Credit and any amendments, a dated and signed statement by an authorized representative of the City of Bakersfield saying that"FROEHLICH SIGNATURE HOMES,INC.,a California Corporation is in default on the Improvements of Phase 2 of Tract 7231 the amount of the drawing is due and payable. All draft(s) so drawn must bear the cause, "Drawn under Valley Republic Bank Irrevocable Standby Letter of Credit Number 2014-17 dated October 15,2014". Partial Drawings are permitted. We hereby engage with you that drafts so drawn shall be duly honored upon presentation if drawn and negotiated in compliance with the terms hereof. Except so far as otherwise expressly stated herein,this Letter of credit is subject to the Uniform Customs and Practices for Documentary Credits, 1993 Revision, International Chamber of Commerce Publication No.500. Valley Republic Bank By: Jac Sm'h,Executive Vice President 5000 Ca1Har is Avenue,Suite 110 BakafsHeld,CA 83369 Telephone 681.371,2000 Fax 661.371.2016 WWW,YBIwrrepuble hw Lcom I 1 CC Meeting 11/05/14 183 �1 SIGNDEV-a2 CGREEN '4�aRO CERTIFICATE OF LIABILITY INSURANCE DAT 91912 DfYYYY, rsr2nla THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING(NSURER{S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#OE02096 CONTACT NAME: AiBuduo&DeFendis Insurance Brokers,LLC PHONE FAX P.O.Box 9548 Arc N.Em.(661)322-9993 {��No; 661 322-9714 Bakersfield,CA 93389-9548 E-1N IL AODRFSS- _ INSURERS}AFFORDING COVERAGE NAICA INSURER A.Financial Pacific Insurance Company 31453 INSURED INSURER 9.State Cnmpensafion Insurance Fund 35076 Froehlich Signature Homes,Inc. INSURER C; _ P.O.Box 22617 INSURER B: Bakersfield,CA 93390 INSURER-E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DDL?SUDR� POLICY EFF POLICY EX1P LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY MM7I]EW"Y LIMITS A X COMMERCIAL GENERAL LIAEILITY EACH OCCURRENCE S 1,000,00 CLAIMS-MADE u OCCUR x 6041$59$ 10/01/2014 10x0112015 PREMISES Ea ocarrmce $ 100,00 MED EXP(Arty one person) $ _ 5,00 _ PERSONAL BADVINJURY S 1,000,00 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE S 2,000,00 POLICY[X]jECOT F-� LOC PRODUCTS-COMPIOP AGO $ 2,000,0 OTHER S AUTOMOBILE LIABILITY EQMaf3�I-D SINGLE LIAR S 1,000,00 A X ANY AUTO 60415598 1 0101/2014 10101/2015 BODILY INJURY IPer person) S ALL OWNED x SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS X NON-OWNED ROPERTY DAMAG !HIRED AUTOS AUTOS Per accident S UMBRELLA LIAS X OCCUR EACH OCCURRENCE I S A X EXCESS LJAB CLAIMS-MADE 60418598 10101!2014 10101/2016 AGGREGATE .$ DED F7 RETENTIONS 1 S 1,000,00 WORKERS COMPENSATION X 5T TOTE ERH AND EMPLOYERS'LIABILITY B ANY PROP RIETORIPARTNEWFXECUTIVE YIN N 1906295414 07/01/2014 07/01/2015 E.L.EACH ACCIDENT S 1,000,00 OFrIC E RIM E MBER FXCLUDED7 NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEES 1,000,00 If yes,describe under DESCRIPTION OF OPERATIDNS belcw I E.L.DISEASE-POLICY LIMIT $ 1,0,00 1 DESCRIPTION OF OFERATIDNS 1 LOCATIONS 1 VEHICLES(ACORD 101,Additional Ram arks Schedule,may be attached if more space is required) The City of Bakersfield is additional insured with respects to General Liability coverage per attached form#CG201OR1211. I CERTIFICATE HOLDER CANCELLATION I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Bakersfield THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 7504 Truxtun Ave ACCORDANCE WITH THE POLICY PROVISIONS. Bakersfield,CA 93301 AUTHORIZ E�D.tRE REPRESENT ENTATI V E I � Y ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 14 184 CC Meeting 11/05/ POLICY NUMBER: CG 20 1OR 12 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE. REAL] IT CAREFULLY, ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS (1NITH LIMITED COMPLETED OPERATIONS COVERAGE) This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART BU51NESSCVVNERS COVERAGE FORM SCHEDULE NAME OF RERSON OR ORGANIZATION the qualifying language above because of Any person or organization to whom or to which payments we make for injury. the named Insured is obligated by a virtue of a written contract to provide insurance that is LOCATION OF JOB: afforded by this policy. Where required by The job locatlan must be within the State of contract, the officers, officials, employees, domicile of the named insured, or within any directors, subsidiaries, partners, successors, contiguous State thereto, parents, divisions, architects, surveyors and engineers are included as additional insureds. DESCRIPTION OF WORK: All other entitles, including but not limited to The type of work performed trust be that as agents, volunteers, servants, members and described under classifications in the CGL partnerships are included as additional insureds, Coverage Part Declarations, If required by contract, only when acting within the course and scope of their duties controlled and supervised by the primary (first) additional insured. If an Owner Controlled Insurance Program is involved, the coverage applies to off- PRIMARY CLAUSE: site operations only. If the purpose of this When this endorsement applies and when endorsement is for bid purposes only, then no required by written contract, such insurance as coverage applies, is afforded by the general liability policy is primary Insurance and other insurance shall be WHO IS AN INSURED: (Section II) excess and shall not contribute to the insurance This section is amended to include as an afforded by this endorsement. insured the person. or organization within the scope of the qualifying language above, but only EXCLUSION to the extent that the person or organization is This insurance provided to the additional insured held liable for your acts or omissions in the does not apply to "bodily injury", "properly course of "your work" for that person or damage" or "personal and advertising injury" organization by or for you, The "products- arising out of an architect's, engineer's or completed operations hazard" portion of the surveyor's rendering or fa!IL:re to redder any Policy coverage as respects the additional professional services, including: insured does not apply to any work involving or 1, The preparing, approving, or failing to related to properties intended for residential or prepare or approve, maps, designs, habitational occupancy (other than apartments), shop drawings, opinions, reports, This clause does not affect the "products- surveys, field orders, change orders, or completed operations" coverage provided to tote drawings and specifications; and named insured($). 2. Supervisory, inspection, architectural or WAIVER OF SUBROGAT9QN; engineering activities, We waive any right of recovery, when required Endorsement EFFECTIVE DATE: SEE DEC by written contract, that we may have againsr the person or organization within the scope of Endorsement EXPIRATION DATE: SEE DEC CG ZO lUR 1211 Page 1 of 1 Includes copyrighted material of Insurance Services off}ce,lnc.,with Its parmission I Iloilo 11111 11111 1 Pvwlnlr r CC Meeting 11105114 185 ENDORSEMENT AGREEMENT BROKER COPY WAIVER OF SUBROGATION REP 35 FUND 9052954-14 RENEWAL NE HOME OFFICE 2-45-43-55 SAN FRANCISCO EFFECTIVE JULY 1, 2014 AT 12.01 A.M. PAGE 1 OF 1 ALLEFFECTIVF DATESARE AND EXPIRING JULY 1, 2015 AT 12.01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME FROEHL,ICH SIGNATURE HOMES, INC. PO BOX 22517 BAKERSFIELD, CA 93390 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, THE CITY OF BAKERSFIELD WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, FROEHLICH SIGNATURE HOMES, INC. IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER, IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL, BE INCREASED BY 03%. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL RE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: JULY 3, 2014 2570 AUTHOFi3�Ep REPRESENT IVE PRESIDENT AND CEO SCIF FORM 10797 IR M-4012) OLD ❑P 217 PYWIRIT F CC Meeting 11105114 186 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 Consent - Agreements m. TO: Honorable Mayor and City Council FROM: Douglas N. Mclsaac, Community Development Director DATE: 10/9/2014 WARD: Ward 2 SUBJECT: Amendment No. 1 to Agreement No. 14-040 with Construction Protective Services, Inc., ($55,000; revised not to exceed $148,500) for security services at Creekview Villas, 1300 R Street. STAFF RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: In December 2012, the City of Bakersfield as the Successor Agency to the dissolved Bakersfield Redevelopment Agency took possession (in lieu of foreclosure) of the Creekview Villas Condominium project from the developer Creekview Villas, LLC, located at 1300 R Street. The City contracted with Construction Protective Services, Inc., for security services to protect the vacant 14 constructed condominium units from vandalism. At this time, three units have been sold and are owner-occupied, four units will close escrow within the next 30 to 40 days, and two units are under contract. The cost of these services is approximately $7,000 to $7,500 per month, which includes a security trailer housed onsite, overnight security personnel (14 hours per day on weekdays and 24 hours per day on weekends), and use of surveillance equipment. The exact amount per month varies as holiday and weekend services are provided at a slightly higher rate. On March 19, 2014, the City Council approved an agreement (No. 14-040) that provided additional funding for security services through June 2014. At that time, a desire was expressed to continue security until the first phase of the project was closer to full occupancy. Staff originally anticipated the first units to be occupied in May 2014. Due to ongoing discussions with the Federal Housing Administration and Fannie Mae, the first units were not occupied until September 2014. Staff now anticipates full occupancy in January 2015. The proposed amendment increases the amount of the agreement by an additional $55,000. This amount provides sufficient funds for security services until the end of January 2015. Pursuant to the terms of the agreement, staff has notified the contractor that the City will terminate services on January 26, 2015. CC Meeting 11105114 187 Funding for the remainder of the contract is available through the City's Successor Agency Administrative funds and Planning Division budget savings. As the first units closed escrow in September 2014, it was necessary to withhold this contract extension until those funds became available. ATTACHMENTS: Description Type ❑ CPS Amend #1 Agree Agreement CC Meeting 11105114 188 AGREEMENT NO. 14-040 (1) AMENDMENT NO. 1 TO AGREEMENT NO. 14-040 INDEPENDENT CONTRACTOR'S AGREEMENT THIS AMENDMENT NO. 1 TO AGREEMENT NO. 14-040 is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein) and CONSTRUCTION PROTECTIVE SERVICES, INC. ("CONTRACTOR" herein). RECITALS WHEREAS, On August 20, 2013 CITY entered into Agreement No. CD13-030 with CONTRACTOR to provide security services at Creekview Villas, 1300 R Street; and WHEREAS, on March 19, 2014, CITY amended Agreement CD 13-030 (City Council Agreement No. 14-040) to provide additional funding for security services in the amount of $53,500; and WHEREAS, CITY desires to retain the services of CONTRACTOR to protect the project by providing security; and WHEREAS, CITY is amending the agreement to add FIFTY FIVE THOUSAND DOLLARS ($55,000) in funding for the project; and NOW, THEREFORE, incorporating the foregoing recitals herein. CITY and CONTRACTOR mutually agree as follows: 1. Section 2 is hereby amended to read as follows: 1. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall not exceed a total payment of ONE HUNDRED FORTY EIGHT THOUSAND FIVE HUNDRED DOLLARS ($148,500.00). 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 agreed to in writing by the parties. Page 1 of 2 INDEPENDENT CONTRACTOR'S AGREEMENT S:IE0CD_SharadLAgreements12014 AgreemehtslArrmehd#2 Construction Protective Services.docx -Updated—March 3,2014 CC Meeting 11105114 189 2. Except as amended herein, all other terms of Agreement No. 14-040 and any amendments thereto shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 14-040 to be executed, the day and year first-above written. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD CONSTRUCTION PROTECTIVE SERVICES, INC. By: By: HARVEY L. HALL WILLIAM R. BAfc6ck, CFO Mayor _ APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JOSHUA H. RUDNICK Deputy City Attorney Insurance: APPROVED AS TO CONTENT: COMMUNITY DEVELOPMENT By: DOUGL S N. MC ISAAC Com unity Development Director COUNTERSIGNED: By: NELSON SMITH Finance Director Page 2 of 2 INDEPENDENT CONTRACTOR'S AGREEMENT SIEDCD_ShareOAgreementBL2014 AgreementsWmend#2 Constriction Protective Service&docx -Updated—March 3,2014 CC Meeting 11105114 190 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 Consent- Agreements n. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/15/2014 WARD: Ward(s) 1 , 2 SUBJECT: Contract Change Order Nos. 7 and 12 to Agreement No. 13-140 with Security Paving Company ($73,810.00; revised not to exceed $14,242,444.92) for the project known as SR-58 GAP Closure (TRIP). STAFF RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project consists of widening State Route 58 to three lanes in each direction from State Route 99 to 0.5 miles east of Cottonwood Road. Contract Change Order No. 7 provides for adding a sign foundation and a corresponding change to the median barrier type. During the course of the project, it was discovered that a sign foundation in the median of State Route 58 is planned for the future Beltway Operational Improvement Project. Installing the sign foundation on this project instead of the Beltway Operational Improvement Project prevents the need to install 170 lineal feet of Concrete Barrier (Type 60) that would need to be removed and replaced with another Concrete Barrier (Type 60F) as part of the Beltway Operational Improvement Project. Doing this work as part of this project provides for an overall savings of approximately $8,000 between the two projects. The contractor has agreed to accept $58,810 for performing the work outlined in the change order. Contract Change Order No. 12 provides for payment of the City's portion of the costs of the Dispute Resolution Board (DRB). The contract for this project includes a provision for the formation of a three-member DRB panel that hears and makes rulings on unresolved issues of dispute between the contractor and the City in an effort to avoid litigated claims. This provision also provides for the City to pay one-half of the DRB costs to the contractor. The costs for this item will be calculated and paid for on a time and materials basis for which the amount paid by the City is not to exceed $15,000. The net cost increase of Contract Change Orders Nos. 7 and 12 is $73,810. The sum of all change orders to date on this project reflects a total cost increase of $88,428.92 (which results in a .06% increase of the original contract amount), as described below: Original Contract Amount = $14,154,016.00 Amended Contract Agreement after Change Orders = $14,242,444.92 CC Meeting 11105114 191 Net Increase to date = $ 88,428.92 Sufficient funds are budgeted to fund this Change Order. This Change Order is 100% federally funded; therefore, there is no General Fund impact associated with this Change Order. ATTACHMENTS: Description Type ❑ Change Order No. 7 Backup Material ❑ Contract Change Order No. 12 Backup Material CC Meeting 11105114 192 .w CITY OF BAKERSFIELD r Thomas Roads Improvement Program CONTRACT CHANGE ORDER SHEET 1 OF 4 CONTRACT NO. 13-140 CHANGE ORDER NO. 7 P.O. NO. 141516 PROJECT: SR-58 GAP Closure PNRSL-5109(197) Project No.TRCB17 FEDERAL NO.(S) CONTRACTOR: Security Paving Company ADDRESS: 2915 Fairhaven Drive Bakersfield,CA 93308 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective until approved by City Council or City Engineer Description of work to be done,estimate of quantities,and prices to be paid. Segregate between additional work of contract price,agreed price and force account. Unless otherwise stated,rates for rental equipment cover only such time as equipment is actually used and no allowance will be made for idle time. CHANGE SUBMITTED BY: Rick Millwee,Construction Superintendent DATE: October 14,2014 CHANGE REQUESTED BY: Rick Millwee,Construction Superintendent DATE: October 14,2014 Complete the work as shown on sheet 2 through 4 of this contract change order(revised L-3,L-4 and PD-2 sheets). DECREASE IN ITEM AT ITEM PRICE: Item 137-Concrete Barrier(Type 60):(170 LF)(1.3%)@$32.00=($5,440.00) EXTRA WORK AT AGREED UNIT PRICE: Concrete Barrier(Type 60F):170 LF @$275.00=$46,750.00 Sign Foundation:25 LF @$700.00=$17,500.00 Total Extra Work at Agreed Unit Price:$64,250.00 Total Cost of this Change:$58,810.00 A determination of adjustment of contract time will be deferred for this change. Total Increase $58,810.00 ACCOUNT NO(S): 12540218258041 ESTIMATED COST: INCREASE $58,810.00 DECREASE By reason of this order the time of City Council Approval Required YES XX completion will be adjusted as follows: No Adjustment NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned:Finance Director Date We,the undersigned contractor,have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide all equipment,furnish all materials,except as may otherwise be noted above,and perform all services necessary for the work above specified,and will accept as full payment therefor the prices shown above. Accepted,Date: j �� Contractor: Title: CC Meeting 11105114 193 i A STATE OF G1LIF.. A - VMTjOT TRAM TAM: FUNCTIDML su�E�{VisOR CAL,,,€oECv SCOTT FRIESEN R€Vls€D By Ia ' a '�' 'j ° i RICN'ARD NfLCE%T L'HECKE�BY TCM4T H(1 DATE REVISED MATCH SHEET L-2 Sta 57+82 No if �, y\ 4f �I D7�I : I �I '• I ;� 1l � � I 11 � I� � - •. i \ EMDrMBLE 3TPFT? i : y m' 1 K END ISPI Conet.A 4 9A j i� ji'li � 4j i ` � I •i I !I Y: jj I 1 Ao v S a.Lr ER Avz i'S z'a I ow I i I API 4 9.41 •0 -e i to z m a l71 R > _ amp H PI?0+33.81 r Route 58 66.0'Lt v g JJ M O o r o ® C$1 Sto 71+82' y r = MATCH SHEET -4 $ 8 u i AATE P40TTEA=305-FEB-P0�4 -... - 00-fl0+00�iIDC rLOtTEO.�i5�ao `.I. � � - CC Meeting 11105114 194 ATE OF F...A - ARTbUT OF T.. ATION FUR6TI.AL 1.11 1SOR CALCOLAT€O- SCOTT FRIESEN R€Vi SED BY ° - DESIDNEO BY RICHARD HEI-- CHECKED BY TONY NO GATE REVISE. MATCH SHEET L-3 Sta 71+82 ' I � �1t1 I N Ii I II a . � € ' � li f. if ri S i m m 1 I I' 11 i u j ++ W , ii! U III ) 1 f m N m D r P ( r II I 1 �i �A p��—r,ll i � ' i �•, N tT'1n t;J =O gm a! I it � 1 o� '�• y o 'm °+ o ,n oc �s zx Z. 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I i �I I uNUlq i fill Hill, X75 t .II t , 1 1p 1 31 I N ill, n I If zm. Ir IiI� �l '� �ii i 1 j ) I1h , i ii i iilniii g ;f7\L`I I I t I y 1 it llll IE.. lid i '� i II ii ilillt 1 111 ttl , i � {( tl I1171C+. g{{II' i 'I Il,li,f- %ii I I i jwA -'i iiii ` 1 I fi93n N 111 iiEE I jif I ii 1 1 I f I � .j�i I iIil>U� III I' 111 Iii I p 1 1 i4 1 1 II i ilia;. f 'Ili Hipt li; lit I 1 jll �ii I i t I I I� i it I 1111 ' t !I I tll III:. � 1 If if li 11 I I j l � 1 II 11 II I 1 1 !.I it I ' t tf3 II 1 Iq C -lo III •p V'i, , 1 I I rl i IA '9 N z R'u. fi x c M G "•I i�i r •�I ���` 1 l i i I I� v� � ��g o� m fill CD rn 17 Y/ I( { � i iI I i ralro 1 i ID m Z _ N I• 7 j � r !i/ � tl { ; t�l I III � A �o �� 1 192 Iltli L 11. I.I , .II IA �m �m w nu a'«I DATE PLOTTED=308-FE8-M14 10-76'•12 T}WEP4DTTEV=0 07:48 ' Meeting 11105114 196 1rs \ CITY OF BAKERSFIELD Thomas Roads Improvement Program CONTRACT CHANGE ORDER SHEET 1 OF 1 CONTRACT NO. 13-140 CHANGE ORDER NO. 12 P.O. NO. 141516 PROJECT: SR-58 GAP Closure PNRSL-5109(197) Project No.TRCB17 FEDERAL NO.(S) CONTRACTOR: Security Paving Company ADDRESS: 2915 Fairhaven Drive Bakersfield,CA 93308 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective until approved by City Council or City Engineer Description of work to be done,estimate of quantities,and prices to be paid. Segregate between additional work of contract price,agreed price and force account. Unless otherwise stated,rates for rental equipment cover only such time as equipment is actually used and no allowance will be made for idle time. CHANGE SUBMITTED BY: Rick Millwee,Construction Superintendent DATE: September 16,2014 CHANGE REQUESTED BY: Rick Millwee,Construction Superintendent DATE: September 16,2014 EXTRA WORK AT FORCE ACCOUNT: In accordance with Section VI Payment, B.Payments,of the DRB agreement included in the Special Provisions(A-33),the Contractor v be reimbursed for one-half of the approved costs of the DRB. No markups will be added to the Contractor's payment. The Engineer's estimated cost of Extra Work at Force Account for this change is$15,000.00(not to be exceeded). No adjustment of contract time will be allowed for this change. ACCOUNT NO(S): 12540218258041 ESTIMATED COST: TOTAL INCREASE $15,000.00 TOTAL DECREASE By reason of this order the time of City Council Approval Required? YES XX completion will be adjusted as follows: No Adjustment NO Approved As to Form: City Attorney Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned:Finance Director Date We,the undersigned contractor,have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide all equipment,furnish all materials,except as may otherwise be noted above,and perform all services necessary for the work above specified,and will accept as full payment therefor the prices shown above. �r Accepted,Date: 27 �� Contractor: ,CC Meetin 11105114 197 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 CONSENT - Property Acquisition Agreements - TRIP o. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 10/15/2014 WARD: Ward 2 SUBJECT: Agreement with William Moodie ($247,000) to purchase real property located at 4309 La Mirada Drive for the Centennial Corridor Project. STAFF RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring properties to construct the Centennial Corridor Project. The Centennial Corridor will connect the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway north of Truxtun Avenue. The property being purchased consists of a single family residence. The purchase price of $247,000 is the property's fair market value as established by an appraisal prepared by Merriman Hurst 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 Property 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 relocate their personal and/or business property. Every property is unique and the benefits will reflect 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 Bakersfield 2010 General Plan. Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation 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 phase of CC Meeting 11105114 198 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 spending of Federal dollars sooner and gets the project further along with less need of local 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, but using toll credits allows us to spend the Federal money first and the local dollars later. The Centennial Corridor Project has 199 single family residential properties. This is the 59th of the 199 single family residential properties to be acquired. Information on the progress of the right of way phase of each TRIP project and the costs associated therewith will be contained in a quarterly report. ATTACHMENTS: Description Type ❑ Purchase Agreement Agreement CC Meeting 11105114 199 APN; 020-474-15 TITLE REPORT NO: 1503-4609565 PROJECT: Centennial Corridor Improvement Project EA: 06-48460 AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS THIS AGREEMENT is entered into this day of , 201_by and between the CITY OF BAKERSFIELD(hereinafter called Buyer),and WILLIAM H.MOODIE,AN UNMARRIED MAN(hereinafter called Seller)for acquisition by Buyer of certain real property hereinafter set forth. IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer,and Buyer agrees to purchase from Seller, upon the terms and for the consideration set forth in this Agreement (hereinafter called Agreement), all that certain real property (hereinafter called Property) situated in the City of Bakersfield, County of Kern, State of California, and legally described and depicted as follows: SEE EXHIBIT"A"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF 2. PURCHASE PRICE. The total purchase price, payable in cash through escrow, shall be the sum of TWO HUNDRED FORTY SEVEN THOUSAND DOLLARS ($247,000.00) 3. CONVEYANCE OF TITLE. Seller agrees to convey by Grant Deed to Buyer fee simple title to the Property free and clear of all recorded and unrecorded liens,encumbrances,assessments,easements,leases, and taxes EXCEPT. a. Non-delinquent taxes for the fiscal year in which this transaction closes which shall be cleared and paid in the manner required by Section 4985 of the Revenue and Taxation Code, if unpaid at the close of this transaction. b. Quasi-public utility,public alley,public street easements,and rights of way of record(except rights in any such items conveyed under this Agreement). c. Items numbered none in the preliminary title report issued by First American Title March 24, 2014. 4. TITLE INSURANCE POLICY. Escrow Agent shall,following recording of said deed(s)to Buyer,provide Buyer with CLTA Standard Coverage Policy of Title Insurance in the amount of$247,000.00 issued by First American Title Company showing the title to the property vested in Buyer,subject only to the exceptions set forth in Paragraph 3 of this Agreement and the printed exceptions and stipulations in said policy. Buyer agrees to pay the premium charged therefore. S. ESCROW. Buyer agrees to open an escrow in accordance with this Agreement at an escrow company of Buyer's choice. This Agreement constitutes the joint escrow instructions of Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to perform all acts reasonably necessary to close this escrow in the shortest possible time. Seller shall execute and deliver said deed(s) as referenced in Paragraph 3, above, to Escrow Agent concurrently with this Agreement, or as soon as possible thereafter when said deeds are available. After Page 1 of 7 CC Meeting 11105114 200 opening of escrow, Buyer will deposit an executed Certificate of Acceptance with Escrow Agent.Buyer agrees to deposit the purchase price upon demand of Escrow Agent. Buyer and Seller agree to deposit with Escrow Agent any additional instruments as may be reasonably necessary to complete this transaction. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account. 6. ESCROW AGENT IS AUTHORIZED TO, AND SHALL: a. Pay and charge Seller,upon Seller's written approval,for any amount necessary to clear title to satisfy Paragraph 3 of this Agreement; b. Pay and deduct from the amount shown in Paragraph 2 above, any amount necessary to satisfy any delinquent taxes together with penalties and interest thereon,and/or delinquent or non-delinquent assessments or bonds except those which title is to be taken subject to and in accordance with the terms of this Agreement; c. Pay and deduct from the amounts payable to Seller under Paragraph 2 of this Agreement, up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s)or deed(s)of trust,if any,and all other amounts due and payable in accordance with terms and conditions of said trust deed(s)or mortgage(s)including late charges, if any, except prepayment penalty(if any), ; d. Pay and charge Buyer for all recording fees incurred in this transaction including payment of reconveyance fees and forwarding fees for partial or full reconveyances of deeds of trust or release or mortgage by Buyer; e. Pay and charge Buyer for any escrow fees,charges,and costs payable under Paragraph 7 of this Agreement, f. Disburse funds and deliver deed(s) when conditions of this escrow have been fulfilled by Buyer and Seller. The term "close of escrow", if and where written in these instructions, shall mean the date that necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of said policy of title insurance. All time limits within which any matter herein specified is to be performed may be extended by mutual agreement of the parties hereto.Any amendment of,or supplement to,any instructions must be in writing. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS POSSIBLE. 7. ESCROW FEES CHARGES AND COSTS. Buyer agrees to pay all Buyer's and Seller's usual fees, charges, and costs which arise in this escrow. Seller shall be responsible for the costs to clear title as set forth Paragraphs 3 and 6 of this agreement. 8. FULL AND COMPLETE SETTLEMENT. Seller hereby acknowledges that the compensation paid to Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer,by reason of Buyer's acquisition of the Property,specifically including, but not limited to,any and all damage to Seller's remainder property by reason of the acquisition of the subject Property or the installation of the Page 2 of 7 CC Meeting 11105114 201 improvement project in the manner proposed,the value of improvements pertaining to the realty, leasehold improvements, any and all claims of rental or leasehold value and loss of business goodwill [excluding relocation benefits, if any], and any and all claims in inverse condemnation and for precondemnation damages, and any and all other claim that Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of this subject Property. Seller and Buyer,and each and all of their individual collective agents representatives,attorneys, principals, predecessors, successors, assigns,administrators,executors,heirs,and beneficiaries,hereby release the other party,and each of them, from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitations those relating to just compensation, damages, which any of them now have,or might hereafter have by reason of any matter or thing arising out or in any way relating to any condemnation action affecting the subject Property. 9. PERMISSION TO ENTER ON PREMISES. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contact, the right of possession and use of the subject property by the City, including the right to remove and dispose of improvements, shall commence on the date of this Agreement or the close of escrow controlling this transaction, whichever occurs first, and that the amount shown in Paragraph 2 above herein includes, but is not limited to,full payment for such possession and use, including damages, if any, from said date. 10. RENTAL AND LEASEHOLD INTEREST. Seller warrants that there are no third parties in possession of any portion of the Property as lessees,tenants at sufferance,trespassers,or invitees, and that there are no oral or written recorded or unrecorded leases or other agreements concerning all or any portion of the Property exceeding a period of one month. 11. WARRANTIES, REPRESENTATIONS, AND COVENANTS OF SELLER. Seller hereby warrants, represents,and/or covenants to Buyer that: a. To the best of Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Property or any portion thereof,at law, or in equity before any court or governmental agency, domestic or foreign. b. To the best of Seller's knowledge, there are no encroachments onto the Property by improvements on any adjoining property,nor do any buildings or improvements encroach on other properties. c. Until the closing, Seller shall not do anything which would impair Seller's title to any of the Property. d. To the best of Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note,evidence of indebtedness,contract, lease,or other agreement or instrument to which Seller's property may be bound. e. Until the closing,Seller shall,upon learning of any fact or condition which would cause any of the warranties and representations in these Warranties, Representations, and Covenants of Seller Section not to be true as of closing, immediately give written notice of such fact or condition to Buyer, f. SELLER warrants and represents that they are the sole owners, in fee simple, of and have the right and legal ability to transfer said property to the BUYER as set forth in this Agreement 12. HAZARDOUS WASTE. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant,occupant,or user of the Property used, generated, released,discharged, stored, or disposed of any Page 3 of 7 CC Meeting 11105114 202 hazardous waste, toxic substances, or related materials("Hazardous Materials")on, under, in, or about the Property,or transported any Hazardous Materials to or from the Property. Seller small not cause or permit the presence, use,generation, release,discharge,storage,or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority,the State of California,or the United States Government,including,but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7,or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5(Hazardous Waste Control Law), (ii)defined as"hazardous substance"under Section 25316 of the California Health and Safety Code,Division 20,Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (Iii) defined as a "hazardous material", "hazardous substance",or"hazardous waste"under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance"under Section 25281 of the California Health and Safety Code, Division 20,Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls,(viii)listed under Article 9 or defined as"hazardous"or"extremely hazardous"pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act,(33 U.S.C. S1317), (x)defined as a "hazardous waste"pursuant to Section 1004 of the Resource Conservation and Recovery Act,42 U.S.C.S6901 et seq.(42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. 59601 et seq. (42 U.S.C. S9601). 13. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control,Solid Waste Disposal,Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts,and the California Environment Quality Act, and the rules, regulations,and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 14. INDEMNITY. Seller agrees to indemnify,defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including,without limitation,attorneys'fees), resulting from,arising out of,or based upon(i)the presence, release, use,generation,discharge,storage,or disposal of any Hazardous Material on, under, in or about,or the transportation of any such materials to or from,the Property,or(ii)the violation,or alleged violation,of any statute, ordinance, order, rule, regulation, permit,judgment, or license relating to the use,generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in,or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury(including sickness, disease, or death,tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss,damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act after close of this escrow. 15. . COUNTERPARTS. This Agreement may be executed in counterparts,each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 16. CONTINGENCY. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the Page 4 of 7 CC Meeting 11105114 203 Buyer herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 17. BROKERS AND FINDERS. The parties acknowledge and represent that BUYER shall pay no commission to any broker or finder in connection with the purchase and sale of The Property. 18. JURISDICTION AND VENUE. This Agreement shall be governed by and constructed in accordance with the laws of the State of California.The parties consent to the jurisdiction of the California Courts with venue in Kern County. 19. ASSIGNMENT. The terms and conditions,covenants,and agreements set forth herein shall apply to and bind the heirs,executors,administrators,assigns and successors of the parties hereto. Buyer may freely assign any or all of its interests or rights under this Agreement or under the Escrow without the consent of Seller. 210. COOPERATION. Each party agrees to cooperate with the other in the closing of this transaction and, in that regard,to sign any and all documents which may be reasonably necessary, helpful,or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements. 21. ENTIRE AGREEMENT, WAIVER AND MODIFICATION. This Agreement is the entire Agreement between the parties with respect to the subject matter of this Agreement. It supersedes all prior agreements and understandings, whether oral or written, between the parties with respect to the matters contained in this Agreement. Any waiver, modification, consent or acquiescence with respect to any provision of this Agreement shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby. No waiver by any parry of any breach hereunder shall be deemed a waiver of any other or subsequent breach. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed,the day and year first-above written. Page 5 of 7 CC Meeting 11105114 204 MAILING ADDRESS OF SELLER 4309 La Mirada Drive Bakersfield, CA 93309 MAILING ADDRESS OF BUYER 1540 Truxtun Avenue, Zod Floor Bakersfield, CA 93301 BUYER: SELLER CITY OF BAKERSFIELD � BY: _. By: HARVEY L. HALL WILLIAM H. M ODIE Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: VIRGINIA GENNARO City Attorn 'y By: By: ANDREW HEGLUNO NICK FIDLER Deputy City Attorney-' Public Works Director COUNTERSIGNED: By: NELSON K. SMITH Finance Director Attachments: Exhibit"A"—Legal Description and Depiction of Fee Acquisition Page 5 of 7 CC Meeting 11105114 205 EXHIBIT A LEGAL DESCRIPTION OF FEE ACQUISITION Real property in the City of Bakersfield, County of Kern, State of California, described as follows: LOT 35 OF TRACT NO. 3334 IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA,AS PER MAP RECORDED NOVEMBER 28, 1969, IN BOOK 18, PAGES 148 AND 149 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ALL OIL, GAS AND OTHER MINERALS CONTAINED WITHIN THE PROPERTY HEREINABDVE DESCRIBED, WHETHER NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED, ALL OIL, GAS AND OTHER MINERAL RIGHTS BELONGING OR APPERTAINING TO SAID PROPERTY,THE EXCLUSIVE RIGHT TO PROSPECT FOR, DRILL, PRODUCE, MINE, EXTRACT AND REMOVE OIL, GAS AND OTHER MINERALS UPON AND FROM SAID PROPERTY,THE EXCLUSIVE RIGHT TO DRILL UPON,TO DRILL THROUGH AND OTHERWISE TO USE SAID PROPERTY TO PRODUCE, MINE, EXTRACT AND REMOVE OIL, GAS AND OTHER MINERALS FROM ADJACENT OR NEIGHBORING LANDS,AND THE EXCLUSIVE RIGHT TO INJECT IN, STORE UNDER AND THEREAFTER WITHDRAW FROM SAID PROPERTY OIL, GAS AND OTHER MINERALS AND PRODUCTS THEREOF, WHETHER PRODUCED FROM SAID PROPERTY OR ELSEWHERE; BUT UNLESS GRANTEE OR ITS SUCCESSORS OR ASSIGNS SHALL GIVE WRITTEN CONSENT TO THE DRILLING OF WELLS UPON THE SURFACE OF SAID LANDS, ALL OF THE FOREGOING RIGHTS SHALL BE EXERCISED ONLY BY THE DRILLING OF WELLS FROM LOCATIONS ON ADJACENT OR NEIGHBORING LANDS INTO OR THROUGH SAID PROPERTY AT LEAST 564 FEET BELOW THE SURFACE OF THE GROUND AND WITHOUT ENTERING UPON OR USING ANY PORTION OF SAID PROPERTY LYING ABOVE SAID DEPTH, AS EXCEPTED AND RESERVED BY KERN COUNTY LAND COMPANY, A CALIFORNIA CORPORATION, IN DEED RECORDED DECEMBER 29, 1967 IN BOOK 4116, PAGE 612 OF OFFICIAL RECORDS. ALSO EXCEPT ALL WATER AND/OR WATER RIGHTS WITHIN SAID LAND. APN: 424-474-15-04-5 CC Meeting 11105114 206 .-T Jy 2i 7L Y7 . 0 c iol iS Qy k deaf.L-mg, 72-v te F if (JL) Li WAY R la. S Q6 4k ILI! -r_ L CC Meeting 11105114 207 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 CONSENT - Property Acquisition Agreements - TRIP p. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 10/20/2014 WARD: Ward 2 SUBJECT: Agreement with Joe Cornejo ($247,000) to purchase real property located at 4317 La Mirada Drive for the Centennial Corridor Project. STAFF RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring properties to construct the Centennial Corridor Project. The Centennial Corridor will connect the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway north of Truxtun Avenue. The property being purchased consists of a single family residence. The purchase price of $247,000 is the property's fair market value as established by an appraisal prepared by Merriman Hurst 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 Property 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 relocate their personal and/or business property. Every property is unique and the benefits will reflect 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 Bakersfield 2010 General Plan. Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation 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 phase of CC Meeting 11105114 208 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 spending of Federal dollars sooner and gets the project further along with less need of local 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, but using toll credits allows us to spend the Federal money first and the local dollars later. The Centennial Corridor Project has 199 single family residential properties. This is the 60th of the 199 single family residential properties to be acquired. Information on the progress of the right of way phase of each TRIP project and the costs associated therewith will be contained in a quarterly report. ATTACHMENTS: Description Type ❑ Purchase Agreement Agreement CC Meeting 11105114 209 APN: 020-474-17 TITLE REPORT NO: 1503-4609566 PROJECT: Centennial Corridor Improvement Project EA: 06-48460 AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS THIS AGREEMENT is entered into this day of , 201`by and between the CITY OF BAKERSFIELD (hereinafter called Buyer), and JOE CORNEJO, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY(hereinafter called Seller)for acquisition by Buyer of certain real property hereinafter set forth. IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: I. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer,and Buyer agrees to purchase from Seller, upon the terms and for the consideration set forth in this Agreement (hereinafter called Agreement), all that certain real property (hereinafter called Property) situated in the City of Bakersfield, County of Kern, State of California, and legally described and depicted as follows: SEE EXHIBIT"A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF 2. PURCHASE PRICE. The total purchase price, payable in cash through escrow, shall be the sum of TWO HUNDRED FORTY SEVEN THOUSAND DOLLARS ($247,000.00) 3. CONVEYANCE OF TITLE. Seller agrees to convey by Grant Deed to Buyer fee simple title to the Property free and clear of all recorded and unrecorded liens,encumbrances,assessments,easements,leases, and taxes EXCEPT: a. Non-delinquent taxes for the fiscal year in which this transaction closes which shall be cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at the close of this transaction. b. Quasi-public utility, public alley,public street easements,and rights of way of record(except rights in any such items conveyed under this Agreement). c. Items numbered none in the preliminary title report issued by First American Title dated March 24, 2014. 4. TITLE INSURANCE POLICY. Escrow Agent shall,following recording of said deed(s)to Buyer,provide Buyer with CLTA Standard Coverage Policy of Title Insurance in the amount of$247,000.00 issued by First American Title Company showing the title to the property vested in Buyer, subject only to the exceptions set forth in Paragraph 3 of this Agreement and the printed exceptions and stipulations in said policy. Buyer agrees to pay the premium charged therefore. S. ESCROW. Buyer agrees to open an escrow in accordance with this Agreement at an escrow company of Buyer's choice. This Agreement constitutes the joint escrow instructions of Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to perform all acts reasonably necessary to close this escrow in the shortest possible time. Seller shall execute and deliver said deed(s) as referenced in Paragraph 3, above, to Escrow Agent Page 1 of 7 CC Meeting 11105114 210 concurrently with this Agreement, or as soon as possible thereafter when said deeds are available. After opening of escrow,Buyer will deposit an executed Certificate of Acceptance with Escrow Agent. Buyer agrees to deposit the purchase price upon demand of Escrow Agent. Buyer and Seller agree to deposit with Escrow Agent any additional instruments as may be reasonably necessary to complete this transaction. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account. 6. ESCROW AGENT IS AUTHORIZED TO AND SHALL: a. Pay and charge Seller, upon Seller's written approval,far any amount necessary to cleartitle to satisfy Paragraph 3 of this Agreement; b. Pay and deduct from the amount shown in Paragraph 2 above, any amount necessary to satisfy any delinquent taxes together with penalties and interest thereon,and/or delinquent or non-delinquent assessments or bonds except those which title is to be taken subject to and in accordance with the terms of this Agreement; c. Pay and deduct from the amounts payable to Seller under Paragraph 2 of this Agreement,up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s)or deed(s)of trust,if any,and all other amounts due and payable in accordance with terms and conditions of said trust deed(s)or mortgage(s)including late charges,if any, except prepayment penalty (if any), ; d. Pay and charge Buyer for all recording fees incurred in this transaction including payment of reconveyance fees and forwarding fees for partial or full reconveyances of deeds of trust or release or mortgage by Buyer; e. Pay and charge Buyer for any escrow fees,charges,and costs payable under Paragraph 7 of this Agreement; f. Disburse funds and deliver deed(s) when conditions of this escrow have been fulfilled by Buyer and Seller. The term "close of escrow", if and where written in these instructions, shall mean the date that necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of said policy of title insurance. All time limits within which any matter herein specified is to be performed may be extended by mutual agreement of the parties hereto.Any amendment of,or supplement to,any instructions must be in writing. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS POSSIBLE. 7. ESCROW FEES CHARGES AND COSTS. Buyer agrees to pay all Buyer's and Seller's usual fees, charges, and costs which arise in this escrow. Seller shall be responsible for the costs to clear title as set forth Paragraphs 3 and 6 of this agreement. 8. FULL AND COMPLETE SETTLEMENT Seller hereby acknowledges that the compensation paid to Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, by reason of Buyer's acquisition of the Property, specifically including, but not limited to, any and all damage to Page 2of7 CC Meeting 11105114 211 Seller's remainder property by reason of the acquisition of the subject Property or the installation of the improvement project in the manner proposed,the value of improvements pertaining to the realty, leasehold improvements, any and all claims of rental or leasehold value and loss of business goodwill (excluding relocation benefits, if any), and any and all claims in inverse condemnation and for precondemnation damages, and any and all other claim that Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of this subject Property. Seller and Buyer, and each and all of their individual collective agents representatives, attorneys, principals, predecessors, successors, assigns,administrators,executors, heirs,and beneficiaries, hereby release the other party,and each of them, from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitations those relating to just compensation, damages, which any of them now have,or might hereafter have by reason of any matter or thing arising out or in any way relating to any condemnation action affecting the subject Property. 9. PERMISSION TO ENTER ON PREMISES. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contact, the right of possession and use of the subject property by the City, including the right to remove and dispose of improvements, shall commence on the date of this Agreement or the close of escrow controlling this transaction, whichever occurs first, and that the amount shown in Paragraph 2 above herein includes, but is not limited to,full payment for such possession and use, including damages, if any, from said date. 10. RENTAL AND LEASEHOLD INTEREST. Seller warrants that there are no third parties in possession of any portion of the Property as lessees, tenants at sufferance,trespassers, or invitees, and that there are no oral or written recorded or unrecorded leases or other agreements concerning all or any portion of the Property exceeding a period of one month. 11. WARRANTIES, REPRESENTATIONS, AND COVENANTS OF SELLER. Seller hereby warrants, represents, and/or covenants to Buyer that: a. To the best of Seller's knowledge, there are no actions, suits, material claims, legal proceedings,or any other proceedings affecting the Property or any portion thereof,at law, or in equity before any court or governmental agency, domestic or foreign. b. To the best of Seller's knowledge, there are no encroachments onto the Property by improvements on any adjoining property, nor do any buildings or improvements encroach on other properties. c. Until the closing, Seller small not do anything which would impair Seller's title to any of the Property. d. To the best of Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note,evidence of indebtedness,contract, lease,or other agreement or instrument to which Seller's property may be bound. e. Until the closing,Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in these Warranties, Representations,and Covenants of Seller Section not to be true as of closing, immediately give written notice of such fact or condition to Buyer. f. SELLER warrants and represents that they are the sole owners, in fee simple, of and have the right and legal ability to transfer said property to the BUYER as set forth in this Agreement 12. HAZARDOUS WASTE. Neither Seller nor, to the best of Seller's knowledge, any previous owner, Page 3 of 7 CC Meeting 11105114 212 tenant, occupant, or user of the Property used,generated, released,discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property,or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use,generation, release,discharge, storage,or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority,the State of California,or the United States Government,including,but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste"under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20,Chapter 6.5(Hazardous Waste Control Law), (ii)defined as"hazardous substance"under Section 25316 of the California Health and Safety Code, Division 20,Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance",or"hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance"under Section 25281 of the California Health and Safety Code, Division 20,Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls,(viii)listed under Article 9 or defined as"hazardous"or"extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix)designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act,(33 U,S.C. S1317),(x)defined as a "hazardous waste"pursuant to Section 1004 of the Resource Conservation and Recovery Act,42 U.S.C.56901 et see .(42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. 59601 et se q. (42 U.S.C. S9601). 13. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control,Solid Waste Disposal,Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations,and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 14. INDEMNITY. Seller agrees to indemnify,defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys'fees), resulting from,arising out of,or based upon (i)the presence, release, use,generation,discharge,storage,or disposal of any Hazardous Material on, under, in or about,or the transportation of any such materials to or from,the Property,or(ii)the violation,or alleged violation,of any statute, ordinance, order, rule, regulation, permit,judgment,or license relating to the use, generation, release,discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about,to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury(including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss,damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act after close of this escrow. 15. COUNTERPARTS. This Agreement may be executed in counterparts,each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 16. CONTINGENCY. It is understood and agreed between the parties hereto that the completion of this Page 4of7 CC Meeting 11105114 213 transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the Buyer herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 17. BROKERS AND FINDERS. The parties acknowledge and represent that BUYER shall pay no commission to any broker or finder in connection with the purchase and sale of The Property. 18. JURISDICTION AND VENUE. This Agreement shall be governed by and constructed in accordance with the laws of the State of California.The parties consent to the jurisdiction of the California Courts with venue in Kern County. 19. ASSIGNMENT. The terms and conditions,covenants,and agreements set forth herein shall apply to and bind the heirs, executors,administrators,assigns and successors of the parties hereto. Buyer mayfreely assign any or all of its interests or rights under this Agreement or under the Escrow without the consent of Seller. 20. COOPERATION. Each party agrees to cooperate with the other in the closing of this transaction and, in that regard,to sign any and all documents which may be reasonably necessary, helpful,or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements. 21. ENTIRE AGREEMENT WAIVER AND MODIFICATION. This Agreement is the entire Agreement between the parties with respect to the subject matter of this Agreement. It supersedes all prior agreements and understandings, whether oral or written, between the parties with respect to the matters Contained in this Agreement. Any waiver, modification, consent or acquiescence with respect to any provision of this Agreement shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby. No waiver by any party of any breach hereunder shall be deemed a waiver of any other or subsequent breach. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS Page 5 of 7 CC Meeting 11105114 214 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed,the day and year first-above written. MAILING ADDRESS OF SELLER 4317 La Mirada Drive Bakersfield, CA 93309 MAILING ADDRESS OF BUYER 1600 Truxtun Avenue, 2nd Floor Bakersfield, CA 93301 BUYER; SELLER CITY OF BAKERSFIELD By: By: HARVEY L. HALL JOE C0104EJO Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: VIRGINIA GENNARO City A r ey By: By: ANDREW HEGLUN NICK FIDLER Deputy City Attorney Public Works Director COUNTERSIGNED: By: NELSON K.SMITH Finance Director Attachments: Exhibit"A"—Legal Description and Depiction of Fee Acquisition Page 6 of 7 CC Meeting 11105114 215 EXHIBIT A LEGAL DESCRIPTION OF FEE ACQUISITION Real property in the City of Bakersfield, County of Kern, State of California, described as follows: LOT 37 OF TRACT 3334 IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED NOVEMBER 28, 1969 IN BOOK 1.8, PAGES 148 AND 149 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ALL OIL, GAS AND OTHER MINERALS CONTAINED WITHIN THE PROPERTY HEREINABOVE DESCRIBED, WHETHER NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED, ALL OIL, GAS AND OTHER MINERAL RIGHTS BELONGING OR APPERTAINING TO SAID PROPERTY,THE EXCLUSIVE RIGHT TO PROSPECT FOR, DRILL, PRODUCE, MINE, EXTRACT AND REMOVE OIL, GAS AND OTHER MINERALS UPON AND FROM SAID PROPERTY, THE EXCLUSIVE RIGHT TO DRILL UPON, TO DRILL THROUGH AND OTHERWISE TO USE SAID PROPERTY TO PRODUCE, MINE, EXTRACT AND REMOVE OIL, GAS AND OTHER MINERALS FROM ADJACENT OR NEIGHBORING LANDS, AND THE EXCLUSIVE RIGHT TO IN]ECT IN, STORE UNDER AND THEREAFTER WITHDRAW FROM SAID PROPERTY OIL, GAS AND OTHER MINERALS AND PRODUCTS THEREOF, WHETHER PRODUCED FROM SAID PROPERTY OR ELSEWHERE; BUT UNLESS GRANTEE OR ITS SUCCESSORS OR ASSIGNS SHALL GIVE WRITTEN CONSENT TO THE DRILLING OF WELLS UPON THE SURFACE OF SAID LANDS, ALL OF THE FOREGOING RIGHTS SHALL BE EXERCISED ONLY BY THE DRILLING OF WELLS FROM LOCATIONS ON ADJACENT OR NEIGHBORING LANDS INTO OR THROUGH SAID PROPERTY AT LEAST 500 FEET BELOW THE SURFACE OF THE GROUND AND WITHOUT ENTERING UPON OR USING ANY PORTION OF SAID PROPERTY LYING ABOVE SAID DEPTH, AS EXCEPTED AND RESERVED IN DEED DATED AUGUST 3, 1967 FROM KERN COUNTY LAND COMPANY, A CALIFORNIA CORPORTION,TO STOCKDALE DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION, RECORDED DECEMBER 29, 1967 IN BOOK 4116, PAGE 612 OF OFFICIAL RECORDS. APN: 020-474-17-00-1 CC Meeting 11105114 216 7- 1 " 2 c", c o i Z Ul AW P*77g&�,ft Cl q�- X I'z 3i LI, LF L4 ID CC Meeting 11105114 217 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 CONSENT - Property Acquisition Agreements - TRIP q. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 10/24/2014 WARD: Ward 2 SUBJECT: Agreement with Henry and Elaine Joke, Co-Trustees of Joke Family Trust ($250,000) to purchase real property located at 701 Montclair Street for the Centennial Corridor Project. STAFF RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring properties to construct the Centennial Corridor Project. The Centennial Corridor will connect the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway north of Truxtun Avenue. The property being purchased consists of a single family residence. The purchase price of $250,000 is the property's fair market value as established by an appraisal prepared by Merriman Hurst 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 Property 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 TRIP projects are 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 relocate their personal and/or business property. Every property is unique and the benefits reflect 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 the acquisition consistent with the Metropolitan Bakersfield 2010 General Plan. Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation 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 CC Meeting 11105114 218 approved by CalTrans at 100% federal funding with no 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 spending of Federal dollars sooner and gets the project further along with less need of local 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, but using toll credits allows us to spend the Federal money first and the local dollars later. The Centennial Corridor Project has 199 single family residential properties. This is the 61st of the 199 single family residential properties to be acquired. Information on the progress of the right of way phase of each TRIP project and the costs associated therewith will be contained in a quarterly report. ATTACHMENTS: Description Type ❑ Purchase Agreement Agreement CC Meeting 11105114 219 APN: 020-373-11 TITLE REPORT NO: 54114582 PROJECT: Centennial Corridor Improvement Project EA: 06-48460 AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS THIS AGREEMENT is entered into this day of , 201 by and between the CITY OF BAKERSFIELD(hereinafter called Buyer),and HENRY JOKE AND ELAINE L.JOKE,AS COTRUSTEES OF THE JOKE FAMILY TRUST,DATED FEBRUARY 7,2000(hereinafter called Seller)for acquisition by Buyer of certain real property hereinafter set forth. IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. AGREEMENT TO SELL AND PURCHASE. Seiler agrees to sell to Buyer,and Buyer agrees to purchase from Seller, upon the terms and for the consideration set forth in this Agreement (hereinafter called Agreement), all that certain real property (hereinafter called Property) situated in the City of Bakersfield, County of Kern, State of California, and legally described and depicted as follows, SEE EXHIBIT"A"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF 2. PURCHASE PRICE. The total purchase price, payable in cash through escrow, shall be the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) 3. CONVEYANCE OF TITLE. Seller agrees to convey by Grant Deed to Buyer fee simple title to the Property free and clear of all recorded and unrecorded liens,encumbrances,assessments,easements,leases, and taxes EXCEPT: a. Non-delinquent taxes for the fiscal year in which this transaction closes which shall be cleared and paid in the manner required by Section 4985 of the Revenue and Taxation Code, if unpaid at the close of this transaction. b. Quasi-public utility, public alley, public street easements,and rights of way of record(except rights in any such items conveyed under this Agreement). c. Items numbered None in the preliminary title report issued by Chicago Title Company dated June 19, 2014. 4. TITLE INSURANCE POLICY. Escrow Agent shall,following recording of said deed(s)to Buyer, provide Buyer with CLTA Standard Coverage Policy of Title Insurance in the amount of$250,000.00 issued by Chicago Title Company showing the title to the property vested in Buyer, subject only to the exceptions set forth in Paragraph 3 of this Agreement and the printed exceptions and stipulations in said policy. Buyer agrees to pay the premium charged therefore. S. ESCROW. Buyer agrees to open an escrow in accordance with this Agreement atan escrow company of Buyer's choice.This Agreement constitutes the joint escrow instructions of Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to perform all acts reasonably necessary to close this escrow in the shortest possible time, Seller shall execute and deliver said deed(s) as referenced in Paragraph 3, above, to Escrow Agent Page 1 of 7 CC Meeting 11105114 220 concurrently with this Agreement, or as soon as possible thereafter when said deeds are available. After opening of escrow, Buyer will deposit an executed Certificate of Acceptance with Escrow Agent.Buyer agrees to deposit the purchase price upon demand of Escrow Agent. Buyer and Seller agree to deposit with Escrow Agent any additional instruments as may be reasonably necessary to complete this transaction. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account. 6. ESCROW AGENT IS AUTHORIZED TD AND SHALL: a. Pay and charge Seller, upon Seller's written approval,for any amount necessary to clear title to satisfy Paragraph 3 of this Agreement; b. Pay and deduct from the amount shown in Paragraph 2 above, any amount necessary to satisfy any delinquent taxes together with penalties and interest thereon, and/or delinquent or non-delinquent assessments or bonds except those which title is to be taken subject to and in accordance with the terms of this Agreement; c. Pay and deduct from the amounts payable to Seller under Paragraph 2 of this Agreement,up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s)or deed(s)of trust,if any,and all other amounts due and payable in accordance with terms and conditions of said trust deed(s)or mortgage(s)including late charges,if any, except prepayment penalty(if any), ; d. Pay and charge Buyer for all recording fees incurred in this transaction including payment of reconveyance fees and forwarding fees for partial or full reconveyances of deeds of trust or release or mortgage by Buyer; e. Pay and charge Buyer for any escrow fees,charges,and costs payable under Paragraph 7 of this Agreement; f. Disburse funds and deliver deed(s) when conditions of this escrow have been fulfilled by Buyer and Seller. The terra "close of escrow", if and where written in these instructions, shall mean the date that necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of said policy of title insurance. All time limits within which any matter herein specified is to be performed may be extended by mutual agreement of the parties hereto.Any amendment of,or supplement to,any instructions must be in writing. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS POSSIBLE. 7. ESCROW FEES CHARGES AND COSTS. Buyer agrees to pay all Buyer's and Seller's usual fees, charges, and costs which arise in this escrow. Seller shall be responsible for the costs to clear title as set forth Paragraphs 3 and 6 of this agreement. S. FULL AND COMPLETE SETTLEMENT. Seller hereby acknowledges that the compensation paid to Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, by reason of Buyer's acquisition of the Property,specifically including, but not limited to,any and all damage to Page 2 of 7 CC Meeting 11105114 221 Seller's remainder property by reason of the acquisition of the subject Property or the installation of the improvement project in the manner proposed,the value of improvements pertaining to the realty, leasehold improvements, any and all claims of rental or leasehold value and loss of business goodwill (excluding relocation benefits, if any), and any and all claims in inverse condemnation and for precondemnation damages, and any and all other claim that Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of this subject Property. Seller and Buyer, and each and all of their individual collective agents representatives, attorneys, principals, predecessors, successors, assigns,administrators,executors,heirs,and beneficiaries, hereby release the other party,and each of them, from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitations those relating to just compensation, damages, which any of them now have,or might hereafter have by reason of any matter or thing arising out or in any way relating to any condemnation action affecting the subject Property. 9. PERMISSION TO ENTER ON PREMISES. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contact, the right of possession and use of the subject property by the City, including the right to remove and dispose of improvements, shall commence on the date of this Agreement or the close of escrow controlling this transaction, whichever occurs first, and that the amount shown in Paragraph 2 above herein includes, but is not limited to,full payment for such possession and use, including damages, if any, from said date. 16. RENTAL AND LEASEHOLD INTEREST. Seller warrants that there are no third parties in possession of any portion of the Property as lessees, tenants at sufferance,trespassers, or invitees, and that there are no oral or written recorded or unrecorded leases or other agreements concerning all or any portion of the Property exceeding a period of one month. 11. WARRANTIES, REPRESENTATIONS, AND COVENANTS OF SELLER. Seller hereby warrants, represents, and/or covenants to Buyer that: a. To the hest of Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Property or any portion thereof,at law, or in equity before any court or governmental agency, domestic or foreign. b. To the best of Seller's knowledge, there are no encroachments onto the Property by improvements on any adjoining property,nor do any buildings or improvements encroach on other properties. c. Until the closing, Seller shall not do anything which would impair Seller's title to any of the Property. d. To the best of Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note,evidence of indebtedness,contract, lease,or other agreement or instrument to which Seller's property may be bound. e. Until the closing,Seller shall,upon learning of any fact or condition which would cause any of the warranties and representations in these Warranties,Representations, and Covenants of Seller Section not to be true as of closing, immediately give written notice of such fact or condition to Buyer. f. SELLER warrants and represents that they are the sole owners, in fee simple, of and have the right and legal ability to transfer said property to the BUYER as set forth in this Agreement 12. HAZARDOUS WASTE. Neither Seller nor, to the best of Seller's knowledge, any previous owner, Page 3 of 7 CC Meeting 11105114 222 tenant, occupant, or user of the Property used, generated, released, discharged, stored,or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property,or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use,generation, release,discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority,the State of California,or the United States Government,including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5(Hazardous Waste Control Law), (ii)defined as"hazardous substance"under Section 25316 of the California Health and Safety Code, Division 20,Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or"hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code,Division 20,Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls,(viii)listed under Article 9 or defined as"hazardous"or"extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix)designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act,(33 U.S.C. S1317), (x)defined as a "hazardous waste"pursuant to Section 1004 of the Resource Conservation and Recovery Act,42 U.S.C.56901 et M.(42 U.S.C. 56903) or (xi) defined as a 11 hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et sec. (42 U.S.C. S9601). 13. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Seller's knowledge the Property co mplies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control,Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act,and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 14. INDEMNITY. Seller agrees to indemnify,defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss,cost, damage, liability, deficiency,fine, penalty, punitive damage, or expense (including, without limitation,attorneys'fees), resulting from,arising out of,or based upon(i)the presence, release, use,generation,discharge, storage,or disposal of any Hazardous Material on, under, in or about,or the transportation of any such materials to or from,the Property,or(ii)the violation,or alleged violation,of any statute, ordinance, order, rule, regulation, permit,judgment,or license relating to the use, generation, release,discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about,to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury(including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other eoonomic loss,damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seiler shall not be responsible for acts or omissions to act after close of this escrow. 15. COUNTERPARTS. This Agreement may be executed in counterparts,each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 16. CONTINGENCY. It is understood and agreed between the parties hereto that the completion of this Page 4 of 7 CC Meeting 11105114 223 transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the Buyer herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 17. BROKERS AND FINDERS. The parties acknowledge and represent that BUYER shall pay no commission to any broker or finder in connection with the purchase and sale of The Property. 18. JURISDICTION AND VENUE. This Agreement shall be governed by and constructed in accordance with the laws of the State of California. The parties consent to the jurisdiction of the California Courts with venue in Kern County. 19. ASSIGNMENT. The terms and conditions,covenants,and agreements set forth herein shall apply to and bind the heirs,executors,administrators,assigns and successors of the parties hereto. Buyer may freely assign any or all of its interests or rights under this Agreement or under the Escrow without the consent of Seller. 20. COOPERATION. Each party agrees to cooperate with the other in the closing of this transaction and, in that regard,to sign any and all documents which may be reasonably necessary, helpful,or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements. 21. ENTIRE AGREEMENT, WAIVER AND MODIFICATION. This Agreement is the entire Agreement between the parties with respect to the subject matter of this Agreement. It supersedes all prior agreements and understandings, whether oral or written, between the parties with respect to the matters contained in this Agreement. Any waiver, modification, consent or acquiescence with respect to any provision of this Agreement shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby. No waiver by any party of any breach hereunder shall be deemed a waiver of any other or subsequent breach. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS Page 5 of 7 CC Meeting 11105114 224 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed,the day and year first-above written. MAILING ADDRESS OF SELLER 701 Montclair Street Bakersfield, CA 93309 MAILING ADDRESS OF BUYER 1600 Truxtun Avenue, 2nd Floor Bakersfield, CA 93301 BUYER: SELLER CITY OF BAKERSFIELD By: By: { HARVEY L. HALL HENRY JOKE, COTRUSTEE Mayor By: ELAINE L. I E, COTRUSTEE APPROVED AS TO FORM: APPROVED AS TO CONTENT: VIRGINIA GENNARO City Attorney ANDREW HEGLUND NICK FIDLER Deputy City Attorney Public Works Director COUNTERSIGNED: By: NELSON K. SMITH Finance Director Attachments: Exhibit"A"— Legal Description and Depiction of Fee Acquisition Page 6 of 7 CC Meeting 11105114 225 EXHIBIT A LEGAL DESCRIPTION OF FEE ACQUISITION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 19 OF TRACT 3203, IN THE BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA,AS PER MAP RECORDED DECEMBER 5, 1968, IN BOOK 17, PAGE 28 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY EXCEPTING THEREFROM ALL, OIL, GAS AND OTHER MINERALS CONTAINED WITH IN THE PROPERTY HEREINABOVE DESCRIBED,TOGETHER WITH WITH OTHER RIGHTS, AS EXCEPTED AND RESERVED OF RECORD BY KERN COUNTY LAND COMPANY. APN: 020-373-11 CC Meeting 11105114 226 I b _ a' ? 4 x ¢ ° on LL. ry �' c 0 OZ ST ff� � U 14dNTCL.41R 73 7 La ✓J 'TT-n-7 1 {f� Vy � n � I q M s rap "Ar fH tO frcw 0 p sr sl SL g y It ; 0- m C33 # n-'r ru -PZrB h os - a � T Va vv, �d-1 <cr ql eq) err` L w+ E= o er7 a � t4i L{� Mae �wC�CG: a _7AV VINO-J17VO S k p A T. n r3 me ki l]Zy Y O p m 31. 1,14 z m F�T+a—UCia r' CC Meeting 11105114 227 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 CONSENT - Property Acquisition Agreements - TRIP r. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 10/24/2014 WARD: Ward 2 SUBJECT: Agreement with Manning Richards ($131 ,000) to purchase real property located at 140 Candy Street for the Centennial Corridor Project. STAFF RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring properties to construct the Centennial Corridor Project. The Centennial Corridor will connect the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway north of Truxtun Avenue. The property being purchased consists of a single family residence. The purchase price of $131,000 is the property's fair market value as established by an appraisal prepared by Affiliated 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 Property 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 relocate their personal and/or business property. Every property is unique and the benefits will reflect 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 Bakersfield 2010 General Plan. Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation 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 phase of CC Meeting 11105114 228 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 spending of Federal dollars sooner and gets the project further along with less need of local 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, but using toll credits allows us to spend the Federal money first and the local dollars later. The Centennial Corridor Project has 199 single family residential properties. This is the 62nd of the 199 single family residential properties to be acquired. Information on the progress of the right of way phase of each TRIP project and the costs associated therewith will be contained in a quarterly report. ATTACHMENTS: Description Type ❑ Purchase Agreement Agreement CC Meeting 11105114 229 APN: 020-265-22 TITLE REPORT NO: 54114575 PROJECT: Centennial Corridor Improvement Project EA: 06-48460 AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS THIS AGREEMENT is entered into this day of , 201_by and between the CITY OF BAKERSFIELD(hereinafter called Buyer),and MANNING RICHARDS,A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY (hereinafter called Seller) for acquisition by Buyer of certain real property hereinafter set forth. IT I5 HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer,and Buyer agrees to purchase from Seller, upon the terms and for the consideration set forth in this Agreement (hereinafter called Agreement), all that certain real property (hereinafter called Property) situated in the City of Bakersfield, County of Kern, State of California, and legally described and depicted as follows: SEE EXHIBIT"A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF 2. PURCHASE PRICE. The total purchase price, payable in cash through escrow, shall be the sum of ONE HUNDRED THIRTY ONE THOUSAND DOLLARS ($131,000.00) 3. CONVEYANCE OF TITLE. Seller agrees to convey by Grant Deed to Buyer fee simple title to the Property free and clear of all recorded and unrecorded liens,encumbrances,assessments,easements,leases, and taxes EXCEPT: a. Non-delinquent taxes for the fiscal year in which this transaction closes which shall be cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at the close of this transaction. b. Quasi-public utility, public alley, public street easements,and rights of way of record(except rights in any such items conveyed under this Agreement). c. Items numbered None in the preliminary title report issued by Chicago Title Company dated June 19, 2014. 4. TITLE INSURANCE POLICY. Escrow Agent shall,following recording of said deed(s)to Buyer,provide Buyer with CLTA Standard Coverage Policy of Title Insurance in the amount of$131,000.00 issued by Chicago Title Company showing the title to the property vested in Buyer, subject only to the exceptions set forth in Paragraph 3 of this Agreement and the printed exceptions and stipulations in said policy. Buyer agrees to pay the premium charged therefore. 5. ESCROW, Buyer agrees to open an escrow in accordance with this Agreement at an escrow company of Buyer's choice.This Agreement constitutes the joint escrow instructions of Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to perform all acts reasonably necessary to close this escrow in the shortest possible time. Seller shall execute and deliver said deed(s) as referenced in Paragraph 3, above, to Escrow Agent Page 1 of 7 CC Meeting 11105114 230 concurrently with this Agreement, or as soon as possible thereafter when said deeds are available. After opening of escrow,Buyer will deposit an executed Certificate of Acceptance with Escrow Agent.Buyer agrees to deposit the purchase price upon demand of Escrow Agent. Buyer and Seller agree to deposit with Escrow Agent any additional instruments as may be reasonably necessary to complete this transaction. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account. 6. ESCROW AGENT IS AUTHORIZED TO, AND SHALL: a. Pay and charge Seller, upon Seller's written approval,for any amount necessary to clear title to satisfy Paragraph 3 of this Agreement; b. Pay and deduct from the amount shown in Paragraph 2 above, any amount necessary to satisfy any delinquent taxes together with penalties and interest thereon, and/or delinquent or non-delinquent assessments or bonds except those which title is to be taken subject to and in accordance with the terms of this Agreement; c. Pay and deduct from the amounts payable to Seller under Paragraph 2 of this Agreement,up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s)or deed(s)of trust, if any,and all other amounts due and payable in accordance with terms and conditions of said trust deed{s}or mortgage(s)including late charges,if any, except prepayment penalty(if any), ; d. Pay and charge Buyer for all recording fees incurred in this transaction including payment of reconveyance fees and forwarding fees for partial or full reconveyances of deeds of trust or release or mortgage by Buyer; e. Pay and charge Buyer for any escrow fees,charges,and costs payable under Paragraph 7 of this Agreement; f. Disburse funds and deliver deed(s) when conditions of this escrow have been fulfilled by Buyer and Seller. The term "Close of escrow", if and where written in these instructions, shall mean the date that necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of said policy of title insurance. All time limits within which any matter herein specified is to be performed may be extended by mutual agreement of the parties hereto.Any amendment of,or supplement to,any instructions must be in writing. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS POSSIBLE. 7. ESCROW FEES, CHARGES AND COSTS. Buyer agrees to pay all Buyer's and Seller's usual fees, charges, and costs which arise in this escrow. Seller shall be responsible for the costs to clear title as set forth Paragraphs 3 and 6 of this agreement. 8. FULL AND COMPLETE SETTLEMENT. Seller hereby acknowledges that the compensation paid to Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, by reason of Buyer's acquisition of the Property, specifically including, but not limited to,any and all damage to Page 2 of 7 CC Meeting 11105114 231 Seller's remainder property by reason of the acquisition of the subject Property or the installation of the improvement project in the manner proposed,the value of improvements pertaining to the realty, leasehold improvements, any and all claims of rental or leasehold value and loss of business goodwill (excluding relocation benefits, if any), and any and all claims in inverse condemnation and for precondemnation damages, and any and all other claim that Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of this subject Property. Seller and Buyer,and each and all of their individual collective agents representatives, attorneys, principals, predecessors, successors, assigns,administrators,executors, heirs,and beneficiaries, hereby release the other party,and each of them, from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitations those relating to just compensation, damages, which any of them now have,or might hereafter have by reason of any matter or thing arising out or in any way relating to any condemnation action affecting the subject Property. 9. PERMISSION TO ENTER ON PREMISES. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contact, the right of possession and use of the subject property by the City, including the right to remove and dispose of improvements, shall commence on the date of this Agreement or the close of escrow controlling this transaction, whichever occurs first, and that the amount shown in Paragraph 2 above herein includes, but is not limited to,full payment for such possession and use, including damages, if any, from said date. 10. RENTAL AND LEASEHOLD INTEREST. Seller warrants that there are no third parties in possession of any portion of the Property as lessees,tenants at sufferance, trespassers,or invitees,and that there are no oral or written recorded or unrecorded leases or other agreements concerning all or any portion of the Property exceeding a period of one month. 11. WARRANTIES, REPRESENTATIONS, AND COVENANTS OF SELLER. Seiler hereby warrants, represents, and/or covenants to Buyer that: a. To the best of Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Property or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign. b. To the best of Seller's knowledge, there are no encroachments onto the Property by improvements on any adjoining property, nor do any buildings or improvements encroach on other properties. c. Until the closing, Seller shall not do anything which would impair Seller's title to any of the Property. d. To the best of Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note,evidence of indebtedness,contract, lease,or other agreement or instrument to which Seller's property may be bound. e. Until the closing,Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in these Warranties,Representations,and Covenants of Seller Section not to be true as of closing, immediately give written notice of such fact or condition to Buyer. f. SELLER warrants and represents that they are the sole owners, in fee simple, of and have the right and legal ability to transfer said property to the BUYER as set forth in this Agreement 12. HAZARDOUS WASTE, Neither Seller nor, to the best of Seller's knowledge, any previous owner, Page 3 of 7 CC Meeting 11105114 232 tenant, occupant, or user of the Property used, generated, released, discharged, stored,or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in,or about the Property,or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use,generation, release,discharge, storage,or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority,the State of California,or the United States Government,including,but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5(Hazardous Waste Control Law), (ii)defined as"hazardous substance"under Section 25316 of the California Health and Safety Code, Division 20,Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance",or"hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance"under Section 25281 of the California Health and Safety Code, Division 20,Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls,(viii)listed under Article 9 or defined as"hazardous"or"extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix)designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. 51317),(x)defined as a "hazardous waste"pursuant to Section 1004 of the Resource Conservation and Recovery Act,42 U.S.C.S6901 et Leg.(42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. 59601 et seq. (42 U.S.C. S9601). 13. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control,Solid Waste Disposal,Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act,and the rules, regulations,and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 14. INDEMNITY. Seller agrees to indemnify,defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including,without limitation,attorneys'fees), resulting from,arising out of,or based upon(i)the presence, release,use,generation,discharge, storage,or disposal of any Hazardous Material on, under, in or about,or the transportation of any such materials to or from,the Property, or(ii)the violation,or alleged violation, of any statute, ordinance, order, rule, regulation, permit,judgment, or license relating to the use, generation, release, discharge, storage,disposal, or transportation of Hazardous Materials on, under, in,or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death,tangible or intangible property damage, compensation for lost wages, business income,profits or other economic loss,damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act after close of this escrow. 15. COUNTERPARTS. This Agreement may be executed in counterparts,each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 16. CONTINGENCY. It is understood and agreed between the parties hereto that the completion of this Page 4 of 7 CC Meeting 11105114 233 transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the Buyer herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 17. BROKERS AND FINDERS. The parties acknowledge and represent that BUYER shall pay no commission to any broker or finder in connection with the purchase and sale of The Property. 18. JURISDICTION AND VENUE, This Agreement shall be governed by and constructed in accordance with the laws of the State of California.The parties consent to the jurisdiction of the California Courts with venue in Kern County. 19. ASSIGNMENT. The terms and conditions,covenants,and agreements set forth herein shall apply to and bind the heirs,executors,administrators,assigns and successors of the parties hereto. Buyer mayfreely assign any or all of its interests or rights under this Agreement or under the Escrow without the consent of Seller. 20. COOPERATION. Each party agrees to cooperate with the other in the closing of this transaction and, in that regard,to sign any and all documents which may be reasonably necessary. helpful,or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements. 21. ENTIRE AGREEMENT, WAIVER AND MODIFICATION. This Agreement is the entire Agreement between the parties with respect to the subject matter of this Agreement. It supersedes all prior agreements and understandings, whether oral or written, between the parties with respect to the matters contained in this Agreement. Any waiver, modification, consent or acquiescence with respect to any provision of this Agreement shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby. No waiver by any party of any breach hereunder shall be deemed a waiver of any other or subsequent breach. REMAINDER OF RAGE INTENTIONALLY LEFT BLANK SIGNATURE RAGE FOLLOWS Page 5of7 CC Meeting 11105114 234 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed,the day and year first-above written. MAILING ADDRESS OF SELLER 12005 Childress Street Bakersfield, CA 93312 MAILING ADDRESS OF BUYER 1600 Truxtun Avenue, 2nd Floor Bakersfield, CA 93301 BUYER: SELLER CITY OF BAKERSFIELD By: By:. r HARVEY L. HALL MANNING CHARDS Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: VIRGINIA GENNARO City Attorney By: ��� By: ANDREW HEGLUND NICK FIDLER Deputy City Attorney Public Works Director COUNTERSIGNED: By: NELSON K. SMITH Finance Director Attachments: Exhibit"A"—Legal Description and Depiction of Fee Acquisition Page 6 of 7 CC Meeting 11105114 235 EXHIBIT A LEGAL DESCRIPTION OF FEE ACQUISITION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF KEP'N, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 34 IN TRACT NO. 1750,IN THE CITY OF BAKERSHELD,COUNTY OF KERN,STATE OF CALIFORNIA,AS PER MAP RECORDED 3ANUARY 26, 1955 IN BOOKS,PAGE(S)181 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL OIL,CAS,MINERAL,AND OTHER HYDROCARBONS,AS RESERVED IN INSTRUMENTS OF RECORD. APN: 020-265-22-00 CC Meeting 11105114 236 Cen 4 , ,re., •' ar ���r i ILO C) t � "� .� 0 E o E• —'-vim" -rx bu T — + p U f F _— > _S- 07 ( L� =i wi Pi W — °—a Cm 4m CIV tb \_ly U-) r` w r � ac a --•---- - 00 LaL— C1 N p This maalo#at,3 1a 111 fumishes!as an aid in locanny the herein cescrihed Land in rela.an m adfam:ny atreeu.natural boundancs and other Mnd. Except to the exGenta policy of tide insurance is expre-Wy r modified by endo^sement,if an V.tt�e Company duns not insure dirneriy s,rfstanres ar arrcago,to n r-rtt•rnS. CC Meeting 11105114 237 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 CONSENT - Property Acquisition Agreements - TRIP s. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 10/24/2014 WARD: Ward 2 SUBJECT: Agreement with William and Lynda Bissell ($272,000) to purchase real property located at 4417 La Mirada Drive for the Centennial Corridor Project. STAFF RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring properties to construct the Centennial Corridor Project. The Centennial Corridor will connect the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway north of Truxtun Avenue. 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 Affiliated 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 Property 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 relocate their personal and/or business property. Every property is unique and the benefits will reflect 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 Bakersfield 2010 General Plan. Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation 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 CC Meeting 11105114 238 approved by CalTrans at 100% federal funding with no 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 spending of Federal dollars sooner and gets the project further along with less need of local 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, but using toll credits allows us to spend the Federal money first and the local dollars later. The Centennial Corridor Project has 199 single family residential properties. This is the 63rd of the 199 single family residential properties to be acquired. Information on the progress of the right of way phase of each TRIP project and the costs associated therewith will be contained in a quarterly report. ATTACHMENTS: Description Type ❑ Purchase Agreement Agreement CC Meeting 11105114 239 APN: 020-351-55 TITLE REPORT NO: 14-54114580 PROJECT: Centennial Corridor Improvement Project EA: 06-48460 AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS THIS AGREEMENT is entered into this day of , 201 by and between the CITY OF BAKERSFIELD (hereinafter called Buyer), and WILLIAM BISSELL AND LYNDA BISSELL, HUSBAND AND WIFE AS JOINT TENANTS(hereinafter called Seller)for acquisition by Buyer of certain real property hereinafter set forth. IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1, AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer,and Buyer agrees to purchase from Seller, upon the terms and for the consideration set forth in this Agreement (hereinafter called Agreement), all that certain real property (hereinafter called Property) situated in the City of Bakersfield, County of Kern, State of California, and legally described and depicted as follows; SEE EXHIBIT"A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF 2. PURCHASE PRICE. The total purchase price, payable in cash through escrow, shall be the sum of TWO HUNDRED SEVENTY TWO THOUSAND DOLLARS ($272,000.00) 3. CONVEYANCE OF TITLE. Seller agrees to convey by Grant Deed to Buyer fee simple title to the Property free and clear of all recorded and unrecorded liens,encumbrances,assessments, easements,leases, and taxes EXCEPT: a. Non-delinquent taxes for the fiscal year in which this transaction closes which shall be cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at the close of this transaction. b. Quasi-public utility, public alley, public street easements,and rights of way of record(except rights in any such items conveyed under this Agreement). c. Items numbered none item's in Schedule B, Section B. in the preliminary title report issued by Chicago Title Company dated June 19, 2014. 4. TITLE INSURANCE POLICY. Escrow Agent shall,following recording of said deed(s)to Buyer,provide Buyer with CLTA Standard Coverage Policy of Title Insurance in the amount of$272,000.00 issued by Chicago Title Company showing the title to the property vested in Buyer, subject only to the exceptions set forth in Paragraph 3 of this Agreement and the printed exceptions and stipulations in said policy. Buyer agrees to pay the premium charged therefore. 5. ESCROW. Buyer agrees to open an escrow in accordance with this Agreement at an escrow company of Buyer's choice.This Agreement constitutes the joint escrow instructions of Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to perform all acts reasonably necessary to close this escrow in the shortest possible time. Seller shall execute and deliver said deed(s) as referenced in Paragraph 3, above, to Escrow Agent Page 1 of 7 CC Meeting 11105114 240 Seller shall execute and deliver said deeds) as referenced in Paragraph 3, above, to Escrow Agent concurrently with this Agreement, or as soon as possible thereafter when said deeds are available. After opening of escrow, Buyer will deposit an executed Certificate of Acceptance with Escrow Agent.Buyer agrees to deposit the purchase price upon demand of Escrow Agent. Buyer and Seller agree to deposit with Escrow Agent any additional instruments as may be reasonably necessary to complete this transaction. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account. 6, ESCROW AGENT IS AUTHORIZED TO, AND SHALL: a. Pay and charge Seller, upon Seller's written approval,for any amount necessary to clear title to satisfy Paragraph 3 of this Agreement; b. Pay and deduct from the amount shown in Paragraph 2 above, any amount necessary to satisfy any delinquent taxes together with penalties and interest thereon, and/or delinquent or non-delinquent assessments or bonds except those which title is to be taken subject to and in accordance with the terms of this Agreement; c. Pay and deduct from the amounts payable to Seller under Paragraph 2 of this Agreement,up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s)or deed(s)of trust,if any,and all other amounts due and payable in accordance with terms and conditions of said trust deed(s)or mortgage(s)including late charges,if any, except prepayment penalty(if any), ; d. Pay and charge Buyer for all recording fees incurred in this transaction including payment of reconveyance fees and forwarding fees for partial or full reconveyances of deeds of trust or release or mortgage by Buyer; e. Pay and charge Buyer for any escrow fees,charges,and costs payable under Paragraph 7 of this Agreement; f. Disburse funds and deliver deed(s) when conditions of this escrow have been fulfilled by Buyer and Seller. The term "close of escrow", if and where written in these instructions, shall mean the date that necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of said policy of title insurance. All time limits within which any matter herein specified is to be performed may be extended by mutual agreement of the parties hereto.Any amendment of,or supplement to,any instructions must be in writing. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS POSSIBLE. 7. ESCROW FEES CHARGES AND COSTS. Buyer agrees to pay all Buyer's and Seller's usual fees, charges, and costs which arise in this escrow. Seller shall be responsible for the costs to clear title as set forth Paragraphs 3 and 6 of this agreement. 8. FULL AND COMPLETE SETTLEMENT. Seller hereby acknowledges that the compensation paid to Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, by Page 2 of 7 CC Meeting 11105114 241 reason of Buyer's acquisition of the Property,specifically including, but not limited to,any and all damage to Seller's remainder property by reason of the acquisition of the subject Property or the installation of the improvement project in the manner proposed,the value of improvements pertaining to the realty, leasehold improvements, any and all claims of rental or leasehold value and loss of business goodwill (excluding relocation benefits, if any), and any and all claims in inverse condemnation and for precondemnation damages, and any and all other claim that Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of this subject Property. Seller and Buyer,and each and all of their individual collective agents representatives, attorneys, principals, predecessors, successors, assigns,administrators,executors, heirs,and beneficiaries, hereby release the other party,and each of them, from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitations those relating to just compensation, damages, which any of there now have,or might hereafter have by reason of any matter or thing arising out or in anyway relating to any condemnation action affecting the subject Property. 9. PERMISSION TO ENTER ON PREMISES. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contact, the right of possession and use of the subject property by the City, including the right to remove and dispose of improvements, shall commence on the date of this Agreement or the close of escrow controlling this transaction, whichever occurs first, and that the amount shown in Paragraph 2 above herein includes, but is not limited to,full payment for such possession and use, including damages, if any, from said date. 10. RENTAL AND LEASEHOLD INTEREST. Seller warrants that there are no third parties in possession of any portion of the Property as lessees,tenants at sufferance,trespassers,or invitees, and that there are no oral or written recorded or unrecorded leases or other agreements concerning all or any portion of the Property exceeding a period of one month. 11. WARRANTIES, REPRESENTATIONS, AND COVENANTS DE SELLER. Seller hereby warrants, represents, and/or covenants to Buyer that; a. To the best of Seller's knowledge, there are no actions, suits, material claims, legal proceedings,or any other proceedings affecting the Property or any portion thereof,at law, or in equity before any court or governmental agency, domestic or foreign. b. To the best of Seller's knowledge, there are no encroachments onto the Property by improvements on any adjoining property, nor do any buildings or improvements encroach on other properties. c. Until the closing, Seller shall not do anything which would impair Seller's title to any of the Property. d. To the best of Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond,note,evidence of indebtedness,contract, lease,or other agreement or instrument to which Seller's property may be bound. e. Lentil the closing,Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in these Warranties, Representations,and Covenants of Seller Section not to be true as of closing, immediately give written notice of such fact or condition to Buyer. f. SELLER warrants and represents that they are the sole owners, in fee simple, of and have the right and legal ability to transfer said property to the BUYER as set forth in this Agreement Page 3 of 7 CC Meeting 11105114 242 12. HAZARDOUS WASTE. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released,discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials("Hazardous Materials") on, under, in, or about the Property,or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use,generation, release,discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material' shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority,the State of California,or the United States Government,including,but not limited to, any material or substance which is (1) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7,or listed pursuant to Section 25149 of the California Health and Safety Code, Division 20,Chapter 6.5 (Hazardous Waste Control Law), (ii)defined as"hazardous substance"under Section 25315 of the California Health and Safety Code, Division 20,Chapter 5.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance",or"hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance"under Section 25281 of the California Health and Safety Code,Division 20,Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls,(viii)listed under Article 9 or defined as"hazardous"or"extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x)defined as a"hazardous waste"pursuant to Section 1004 of the Resource Conservation and Recovery Act,42 U.S.C.56901 et 5!J.(42 U.S.C. 56903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. 59601 et seg. (42 U.S.C. 59601). 13. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Seller`s knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control,Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts,and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 14. INDEMNITY. Seller agrees to indemnify,defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including,without limitation,attorneys'fees), resulting from, arising out of,or based upon(1)the presence, release, use,generation,discharge,storage,or disposal of any Hazardous Material on, under, in or about,or the transportation of any such materials to or from,the Property,or(ii)the violation,or alleged violation,of any statute, ordinance, order, rule, regulation, permit,judgment, or license relating to the use, generation, release,discharge, storage, disposal, or transportation of hazardous Materials on, under, in, or about,to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury(including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss,damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act after close of this escrow. 15. COUNTERPARTS. This Agreement may be executed in counterparts,each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. Page 4 of 7 CC Meeting 11105114 243 15. CONTINGENCY. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the Buyer herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 17. BROKERS AND FINDERS, The parties acknowledge and represent that BUYER shall pay no commission to any broker or finder in connection with the purchase and sale of The Property. 18. JURISDICTION AND VENUE. This Agreement shall be governed by and constructed in accordance with the laws of the State of California.The parties consent to the jurisdiction of the California Courts with venue in Kern County. 19. ASSIGNMENT. The terms and conditions,covenants,and agreements set forth herein shall apply to and bind the heirs,executors,administrators,assigns and successors of the parties hereto. Buyer may freely assign any or all of its interests or rights under this Agreement or under the Escrow without the consent of Seller. 20. COOPERATION. Each parry agrees to cooperate with the other in the closing of this transaction and, in that regard,to sign any and all documents which may be reasonably necessary, helpful,or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements. 21. ENTIRE AGREEMENT. WAIVER AND MODIFICATION. This Agreement is the entire Agreement between the parties with respect to the subject matter of this Agreement. It supersedes all prior agreements and understandings, whether oral or written, between the parties with respect to the matters contained in this Agreement. Any waiver, modification, consent or acquiescence with respect to any provision of this Agreement shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby. No waiver by any party of any breach hereunder shall be deemed a waiver of any other or subsequent breach. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS Page 5 of 7 CC Meeting 11105114 244 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed,the day and year first-above written. MAILING ADDRESS OF SELLER 4417 La Mirada Drive Bakersfield, CA 93309 MAILING ADDRESS OF BUYER 1600 Truxtun Avenue, 2"d Floor Bakersfield, CA 93301 BUYER: SELLER CITY OF BAKERSFIELD By: By: HARVEY L. HALL WILLIAM BISSELL Mayor By: L N DA BISSELL APPROVED AS TO FORM: APPROVED AS TO CONTENT: VIRGINIA GENNARO City Attorney r 4By- :7—NDREW HEGLUND NICK FIDLER eputy City Attorney Public Works Director COUNTERSIGNED: By: NELSON K. SMITH Finance Director Attachments: Exhibit"A"–Legal Description and Depiction of Fee Acquisition Page 6 of 7 CC Meeting 11105114 245 EXHIBIT A LEGAL DESCRIPTION OF FEE ACQUISITION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS; LOT 43 OF TRACT 3209 IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED October 24, 1968 IN BOOK 16, PAGES 177-178 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE WESTERLY 3 FEET THEREOF. EXCEPTING THEREFROM ALL OIL, GAS AND OTHER MINERALS CONTAINED WITHIN THE PROPERTY HEREINABOVE DESCRIBED, AS RESERVED IN DEED OF RECORD. APN: 020-351-55 CC Meeting 11105114 246 �3 z 0 ba ati IL 0 d r4041 71 nraw 73 rr3 z � s ee'rrr i 1h . *� ° � I 83• N h Wig. a LJ [� Saer 14 VAK /Vo1/V b'15 1 � J•'� d9 q S i QW p nr � . ix �w F � a � N � r -arc i Yang as ns � � PIQ .±Y r vavgylN V7 9 s �'r r ° °a CV CC Meeting 11105114 247 ADMINISTRATIVE REPORT o� MEETING DATE: 11/5/2014 CONSENT - Property Acquisition Agreements - TRIP t. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 10/21/2014 WARD: Ward 3 SUBJECT: Agreement with Bakersfield Mountain View Bravo LLC ($225,000) to purchase real property identified as APNs 531-012-05 & 14 for the State Route 178 Widening Project. STAFF RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring land to widen State Route 178, including County areas, between Canteria Drive and Miramonte Drive. The project will construct one and in some locations two additional travel lanes in each direction, and curb, gutter and sidewalks in some locations. The property is located along State Route 178 between Canteria Drive and Masterson Street intersection, and identified as APNs 531-012-05 & 14. The approximately 2.7 acres of vacant commercial and residential zoned property is being acquired for the State Route 178 widening project. The purchase price of $225,000 is based on an appraisal by Merriman Hurst and Associates, an independent appraisal company, and negotiations with the owners. The purchase price includes the real property and existing improvements including fencing. 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 Consistency Review and found this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan. Property acquisition for the required right of way to construct the widening project for State Route 178 is part of the TRIP program and is included in the grant funding for this project. The City will be responsible for approximately 11% of the project cost, including right of way, and will be reimbursed the remaining 89% by the State and Federal Highway Administration. The 178 Widening Project has 29 ownerships. This is the 22nd of the 29 ownerships to be acquired. CC Meeting 11105114 248 Information on the progress of the right of way phase of each TRIP project and the costs associated therewith will be contained in quarterly report. ATTACHMENTS: Description Type ❑ Purchase Agreement CC Meeting 11105114 249 APN: 531-012-05&531-012-14 TITLE REPORT NO: CA-SFXFC-IMP-81021-1-14-08022732 PROJECT: SR 178 Highway Widening Project EA: 06-OF350 AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS THIS AGREEMENT is entered into this day of , 201_by and between the CITY OF BAKERSFIELD (hereinafter called Buyer), and BAKERSFIELD MOUNTAIN VIEW BRAVO LLC, A CALIFORNIA LIMITED LIABILITY COMPANY(hereinafter called Seller)for acquisition by Buyer of certain real property hereinafter set forth. IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer,and Buyer agrees to purchase from Seller, upon the terms and for the consideration set forth in this Agreement (hereinafter called Agreement), all that certain real property (hereinafter called Property) situated in the City of Bakersfield, County of Kem, State of California, and legally described and depicted as follows: SEE EXHIBITS"A" AND°B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF 2. PURCHASE PRICE. The total purchase price, payable in cash through escrow, shall be the sum of TWO HUNDRED TWENTY FIVE THOUSAND DOLLARS ($225.000.00) 3. CONVEYANCE OF TITLE. Seller agrees to convey to Buyer by Grant Deed fee simple title to the real property in Exhibit"A"and by Easement Deed to the real property in Exhibit"B"free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases, and taxes EXCEPT: a. Non-delinquent taxes for the fiscal year in which this transaction doses which shall be cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at the close of this transaction. b. quasi-public utility,public alley,public street easements,and rights of way of record(except rights in any such items conveyed under this Agreement). c. Items numbered 5, 12, 14, 17, 20-21, 27 and 30 in the litigation guarantee issued by Commonwealth Land Title Insurance Company dated May 30, 2014. 4. TITLE INSURANCE POLICY. Escrow Agent shall,following recording of said deeds to Buyer, provide Buyer with CLTA Standard Coverage Policy of Title Insurance in the amount of $225,000.00 issued by Commonwealth Land Title showing the title to the Property vested in Buyer,subject only to the exceptions set forth in Paragraph 3 of this Agreement and the printed exceptions and stipulations in said policy. Buyer agrees to pay the premium charged therefore. 5. ESCROW. Buyer agrees to open an escrow in accordance with this Agreement at an escrow company of Buyer's choice. This Agreement constitutes the joint escrow instructions of Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to perform all acts reasonably necessary to close this escrow in the shortest possible time. Seller shall execute and deliver said deeds as referenced in Paragraph 3,above,to Escrow Agent concurrently with this Agreement, or as soon as possible thereafter when said deeds are available. After opening of Page 1 of 7 CC Meeting 11105114 250 escrow, Buyer will deposit an executed Certificate of Acceptance with Escrow Agent. Buyer agrees to deposit the purchase price upon demand of Escrow Agent. Buyer and Seller agree to deposit with Escrow Agent any additional instruments as may be reasonably necessary to complete this transaction. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account. 6. ESCROW AGENT IS AUTHORIZED TO,AND SHALL: a. Pay and charge Seller,upon Seller's written approval,for any amount necessary to place title in the condition necessary to satisfy Paragraph 3 of this Agreement, b. Pay and deduct from the amount shown in Paragraph 2 above, any amount necessary to satisfy any delinquent taxes together with penalties and interest thereon,and/or delinquent or non-delinquent assessments or bonds except those which title is to be taken subject to in accordance with the terms of this Agreement; c. Pay and deduct from the amounts payable to Seller under Paragraph 2 of this Agreement,up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s)or deed(s)of trust,if any,and all other amounts due and payable in accordance with terms and conditions of said trust deed(s)or mortgage(s)including late charges,if any, except penalty(if any),for payment in full in advance of maturity,shall,upon demand(s)be made payable to the mortgagee(s)or benefidary(les) entitled thereunder; d. Pay and charge Buyer for all recording fees incurred in this transaction including payment of reconveyance fees and forwarding fees for partial or full reconveyances of deeds of trust or release or mortgage by Buyer; e. Pay and charge Buyer for any escrow fees,charges,and costs payable under Paragraph 7 of this Agreement; f. Disburse funds and deliver deed when conditions of this escrow have been fulfilled by Buyer and Seller. The term "close of escrow",if and where written in these instructions,shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of said policy of title insurance, All time limits within which any matter herein specified is to be performed may be extended by mutual agreement of the parties hereto.Any amendment of,or supplement to,any instructions must be in writing. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS POSSIBLE. 7. ESCROW FEES CHARGES AND COSTS. Buyer agrees to pay all Buyer's and Seller's usual fees, charges, and costs which arise in this escrow. 8. FULL AND COMPLETE SETTLEMENT. Seller hereby acknowledges that the compensation paid to Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, by reason of Buyer's acquisition of the Property,specifically including,but not limited to,any and all damage to Seller's remainder property by reason of the acquisition of the subject Property or the installation of the improvement project in the manner proposed,the value of improvements pertaining to the realty,leasehold improvements, any and all claims of rental or leasehold value and loss of business goodwill (excluding Page 2 of 7 CC Meeting 11105114 251 relocation benefits, if any), and any and all claims in inverse condemnation and for precondemnation damages, and any and all other claim that Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of this subject Property; however Seller and Buyer, and each and all of their individual collective agents representatives, attorneys, principals, predecessors, successors,assigns,administrators, executors, heirs,and beneficiaries,hereby release the other party,and each of them,from any and all obligations, liabilities,claims,costs,expenses,demands,debts,controversies, damages,causes of action,including without limitations those relating to just compensation,damages,which any of them now have, or might hereafter have by reason of any matter or thing arising out or in any way relating to any condemnation aeon affecting the subject Property. 9. CONSTRUCTION CONTRACT AND CURATIVE WORK. a. It is understood and agreed by and between the parties hereto in addition to the compensation shown in Paragraph 2 herein above,the Buyer, its contractors or assigns,shall perform the following construction contract items at the time of the installation of the proposed project: L Adjust grade of ingress and egress area as applicable. All work performed under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances and regulations relating to such work and shall be completed in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated or reconstructed by the Buyer, shall be left in as good condition as found, b. It is understood and agreed by and between the parties hereto that the compensation paid to Seiler through this Agreement includes the value of and cost to remove, relocate, reconstruct, and/or refurbish the following improvements located on the Property. i. 1,510 linear feet of fencing. ii. 27 shrubs. iii. 7 olive trees. iv. 9,200 square feet of lawn and sprinkler system. It is further understood between the parties hereto that if the improvements referred to in Paragraph 9b above are not removed from the subject property prior to close of escrow,but not sooner than the close of escrow, Buyer,its agents,contractors,or assigns,shall have the right to remove said improvements and dispose of same in any manner Buyer deems appropriate without further notice or responsibility to Seller whatsoever. 10. PERMISSION TO ENTER ON PREMISES. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contact, the right of possession and use of the subject property by the City, including the right to remove and dispose of improvements, shall commence on the date of this Agreement or the close of escrow controlling this transaction, whichever occurs first, and that the amount shown in Paragraph 2 above herein includes,but is not limited to,full payment for such possession and use, including damages, if any,from said date. a. To make necessary and reasonable inspections. b. To commence pre-construction and construction related work consistent with the proposed project. Page 3of7 CC Meeting 11105114 252 11. RENTAL AND LWEHOLD INTEREST. Seller warrants that there are no third parties in possession of any portion of the Property as lessees, tenants at sufferance,trespassers,or invitees,and that there are no oral or written recorded or unrecorded leases or other agreements concerning all or any portion of the Property exceeding a period of one month. Seller further agrees to hold Buyer harmless and reimburse Buyer for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Seller for a period exceeding one month, EXCEPT: None. 12. EMINENT DOMAIN DISMISSAL. Seller and Buyer acknowledge that this transaction is a negotiated settlement in lieu of condemnation. Seller acknowledges that the sums received from Buyer under this Agreement constitute full payment of just compensation in eminent domain (including, but not limited to, compensation for the fair market value of the real property taken,severance damages, improvements to the realty, furniture, fixtures, equipment,the value of any leasehold interest, loss of inventory, loss of business goodwill, court costs, litigation expenses and any interest which might be due on such matters). Seller acknowledges that the amounts paid under this Agreement constitute the total amount due Seller,and that no further payments are due,owing or payable. Seller waives any other claims it might have for further payment or further compensation, and also waives any and all claims to any money on deposit in said action and further waives all attorney's fees, costs, disbursements,and expenses incurred in connection therewith. 13. WARRANTIES, REPRESENTATIONS AND COVENANTS F SELLER. Seller hereby warrants, represents, and/or covenants to Buyer that: a. To the best of Seller's knowledge, there are no actions, suits, material claims, legal proceedings,or any other proceedings affecting the Property or any portion thereof,at law, or in equity before any court or governmental agency, domestic or foreign. b. To the best of Seller's knowledge, there are no encroachments onto the Property by improvements on any adjoining property,nor do any buildings or improvements encroach on other properties. c. Until the closing, Seller shall not do anything which would impair Seller's title to any of the Property. d. To the best of Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond,note,evidence of indebtedness,contract,lease,or other agreement or instrument to which Seller's property may be bound. e. Until the closing,Seller shall,upon learning of any fact or condition which would cause any of the warranties and representations in these Warranties, Representations,and Covenants of Seller Section not to be true as of closing, immediately give written notice of such fact or condition to Buyer. f. SELLER warrants and represents that they are the sole owners, in fee simple, of and have the right and legal ability to transfer said property the BUYER as set forth in this Agreement 14. HAZARDOUS WASTE. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used,generated, released, discharged, stored,or disposed of any hazardous waste, toxic substances, or related materials("Hazardous Materials") on, under, in,or about the Property,or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use,generation, release,discharge,storage,or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority,the State of California,or the United States Government,including,but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7,or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20,Chapter 6.5(Hazardous Waste Control Law), (ii)defined Page 4 of 7 CC Meeting 11105114 253 as"hazardous substance"under Section 25316 of the California Health and Safety Code,Division 20,Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance",or"hazardous waste"under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance"under Section 25281 of the California Health and Safety Code,Division 20,Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls,(viii)listed under Article 9 or defined as"hazardous"or"extremely hazardous"pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix)designated as a "hazardous substances"pursuant to Section 311 of the Clean Water Act,(33 U.S.C.S1317),(x)defined as a "hazardous waste"pursuant to Section 1004 of the Resource Conservation and Recovery Act,42 U.S.C.56901 et 2gg.(42 U.S.C. S6903) or (A) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. 59601 et=. (42 U.S.C. S9601). 15. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Sellers knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control,Solid Waste Disposal,Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts,and the California Environment Quality Act,and the rules, regulations,and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 16. INDEMNITY. Seller agrees to indemnify,defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency,fine, penalty, punitive damage,or expense (including,without limitation,attorneys'fees), resulting from,arising out of,or based upon(1)the presence, release,use,generation,discharge,storage,or disposal of any Hazardous Material on,under,in or about,or the transportation of any such materials to or from, the Property,or(ii)the violation,or alleged violation,of any statute,ordinance, order, rule, regulation, permit,judgment,or license relating to the use, generation, release,discharge,storage,disposal,or transportation of Hazardous Materials on, under,in, or about,to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any daim, action, suit or proceeding for personal injury(including sickness, disease, or death,tangible or intangible property damage, compensation for lost wages,business income,profits or other economic loss,damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 17. COUNTERPARTS. This Agreement may be executed in counterparts,each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 18. CONTINGENCY. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the Buyer herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 19. BROKERS AND FINDERS. The parties acknowledge and represent that BUYER shall pay no commission to any broker or finder in connection with the purchase and sale of The Property. 20. JURISDICTION AND VENUE. This Agreement shall be governed by and constructed in accordance with the laws of the State of California. The parties consent to the jurisdiction of the Califomia Courts with venue in Kern County. 21. ASSIGNMENT. The terms and conditions,covenants,and agreements set forth herein shall apply to Page 5 of 7 CC Meeting 11105114 254 and bind the heirs,executors,administrators,assigns and successors of the parties hereto. Buyer may freely assign any or all if its interests or rights under this Agreement or under the Escrow without the consent of Seller. 22. COOPERATION. Each party agrees to cooperate with the other in the closing of this transaction and, in that regard,to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements. 21 ENTIRE AGREEMENT WAIVER AND MODIFICATION. This Agreement is the entire Agreement between the parties with respect to the subject matter of this Agreement. It supersedes all prior agreements and understandings,whether oral or written, between the parties with respect to the matters contained in this Agreement. Any waiver, modification, consent or acquiescence with respect to any provision of this Agreement shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby. No waiver by any party of any breach hereunder shall be deemed a waiver of any other or subsequent breach. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS Page 5 of 7 CC Meeting 11105114 255 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed,the day and year first-above written. MAILING ADDRESS OF SELLER 525 Harbor Island Drive Newport Beach, CA 92660 MAILING ADDRESS OF BUYER 1600 Truxtun Avenue, 20d Floor Bakersfield, CA 93301 BUYER: SELLER: CITY OF BAKERSFIELD BA FIELD MOU N VIfW BRAVO LLC,A CAL FOR LI BILITY COMPANY By: By: HARVEY L. HALL Mayor Name: N)3�,f\D t—\L kV;)ES, Its: By: Name: Its: APPROVED AS TO FORM: APPROVED AS TO CONTENT: VIRGINIA GENNARO City 0 ey By: By.— ANDREW HEGLU NICK FIDLER Deputy City Attome Public Works Director COUNTERSIGNED: By: NELSON K.SMITH Finance Director Attachments: Exhibit"A"—Legal Description and Plat Map of Partial Fee Acquisition Exhibit"B"—Legal Description and Plat Map of Public Utility Easement Page 7 of 7 CC Meeting 11105114 256 EASEMENTS + EASEA4ENT NOT PLOTABLE TELEPHONE EASEMENT TO POWER DEVELOPMENT COMPANY PER BOCK 61, PAGE 40 OF DEEDS J'# TELEPHONE EASEMENT TO POWER DEVELOPK40NT 7 COMPANY PER BOCK 63, PAGE 35 OF DEEDS SCALE •."=500' 8 *POLE LINE EASEMENT TO POWER TRANSIT' AND LIGHT $ COMPANY PER BOOK 361, PAGE 136 OF DEEDS k PUBLIC HIGHWAY TO THE CITY OF BAKERSFIELD PER �J ti f I BOOK 5334, PAGE 99 O.R. #� 1O PIPELINE EASEMENT TO MOJAVE PIPELINE COMPANY s 5 PER BOOK 6476, PACE 161 O.R. 7 .p'} TEMPORARY EASEMENT TO THE CITY OF BAKERSHELD p°i I 36 PER INSTRUMENT No. 0207093045 O.R. THE B�ASISOF BEARING FOR THIS LEGAL OMRJPTION AND PLAT IS TIC CALTRANS {CALFORNIA DEPARTMENT OF TRANSPORTATICN} HORIZONTAL CONTROL FOR STATE SPECf-JC PLAN RDJTE 179 (KER 176 PM 6.7-9.2), AS DETERMINED BY ev aIJGNMLNT SR 178 THE BEARING BET%EEN NGS S+JRVEY MONUMENTS "Y RESOLUTION NO. 83-9 2132" {P!D FU3J7513} AND "RIDGE 2 i�D FU3458;; SAID ADOPTED 5-17-95 BEARING IS REPORTEC BY CALTRANS AS SS1'33'35'W e � k AREA DATA ti, I I PARCEL GROSS 73.211 AC / a EASEMENT Ct055 1,02f AC REMAINDER GROSS 72.19* AC CURVE TABLE CUJ� VE RADILS I DELTA ILENGTH o I C' 7 ry QI 7 7. 61 ,a• It LOT $ z C3 410.00' 1 3312'16 LO CERTFICATE OF f La CO1wPUANCE N 6 I f LINE TABU 46"08x0 I LINE LENGTH BEARING APNI 521�01"S L7 1518, NGO'21'37" - CT■ 87'10 .7 s Lan 47 9 zs'ss- z �} L3 72,1 4" L4 210.00' N40'33'33'W SEE DETAIL i L5 65 ' N4 ' 7'E !fi 19.99' N65'34'50'W :• f L7 e LAND L8 4' %407'42'56'E x;, 30'1 Gi p CIII �� � , ft , 4 7� S T xp. t 2 Ngq�s z1"E 20.77' OF O 6 � ��gfifi.35 81950-D0 c POINT OF BEGIN tiG 7'07" SCAL r-- 1"=200' f t Ili�glTrr�r�cl�lgsrna�+ AID 531-7126-M EXHIBIT B CM OF TE f1 EAC AS 91io1M �C s 3 CC Meeting 11105114 257 EXHIBIT A LEGAL DESCRIPTION PORTION OF PARCEL D PMW NO,11-t7DD1 CITY OF BAKERSFIELD KERN COUNTY. CA (APN 531-012-14){CT#871 09-11 THAT PORTION OF PARCEL D AS SHOWN ON PARCEL MAP WAIVER NO. 11-0001 RECORDED APRIL 20,2011 AS INSTRUMENT NO.0211051155 AND RE-RECORDED JUNE 1,2011 AS INSTRUMENT NO.0211071297 OF OFRCIAL RECORDS IN THE CITY OF BAKFRSFIELD.COUNTY OF KERN.STATE OF CALIFORNIA.BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL D.SAID CORNER LYING ON THE NORTH RIGHT OF WAY LINE OF STATE ROUTE 178(VI-KER-178).AND BEING THE SOUTHEAST CORNER OF PARCEL 12 AS THE SAME IS SHOWN ON PARCEL MAP 11613.RECORDED SEPTEMBER 16.20434 IN BOOK 53 OF PARCEL MAPS,PAGE 130. THENCE,ALONG SAID RIGHT OF WAY LINE AND THE SOUTH LINE OF SAID PARCEL D AND SAID PARCEL 12 (PM 11013) NB9'28'58"W trecord bearing NB9¢28'51"W) 1.761.69-TO A TANGENT CURVE. THENCE:SOUTHWESTERLY 162.64'ALONG THE ARC OF A CURVE WITH A RADI US OF 2.500.00'AND A CENTRAL ANGLE OF 3;4339'TO THE BEGINNING OF A NON-TANGENT CURVE, THENCE:DEPARTING SAID NORTH RIGHT OF WAY LINE NORTHWESTERLY 40.43'ALONG THE ARC OF A NON- TANGENT CURVE WITH A RADIUS OF 603.00'(RADIUS POINT BEARS S87231'48 W)AND A CENTRAL ANGLE OF 3250'31", THENCE:DEPARTING SAID CURVE S89=28'58'E 806.14'. THENCE:S87338'08"E 583.43'. THENCE:S89 1128'58"E 538.37'TO THE EAST LINE OF SAID PARCEL D. THENCE:ALONG SAID EAST LINE 500•'21'37-W 16.18'TO THE POINT OF BEGINNING CONTAINING 1.20 ACRES MORE OR LESS. THE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION AND PLAT IS THE CALTRANS(CALIFORNIA DEPARTMENT OF TRANSPORTATiON) HORIZONTAL CONTROL FOR STATE ROUTE 178(KER 178 PM 6.7-9.2).AS DETERMINED BY THE BEARING BETWEEN NGS SURVEY MONUMENTS"Y 292"(PID FL10159)AND"RIDGE 2"(PID FU3458):SAID BEARING IS REPORTED BY CALTRANS AS S81'3TW3 W. TOGETHER WITH UNDERLYING FEE INTEREST, IF ANY.CONTIGUOUS TO THE ABOVE-DESCRIBED PROPERTY IN AND STATE ROUTE 178(VI-KER-178). THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYORS ACT. LAND S-(j C4 r t OF d L% g:\projN2012112100913 project dessen\surveylconstruction drawingsllegas descriptions and exhsbsts\531 012 14\533- 012 14 bakersfieldmty;ewbravo-docx CC Meeting 11105114 258 AREA DATA EASEMENTS ' EASEMENT NOT PLOTABLE PARCEL GROSS 47.11* AC d � TAKE AREA 1.20B AC ' ,�,%{2�7 :1TIUTY EASEMENT TO SOUTHERN '--r REMAINDER 45.91� A C y CALIF '1dIA EDI504r COMPANY PER 900K 332, PAGE 483 O.R. �gC ABBUTTERS RIGHTS PER INSTRUMENT 4o. 15975 BOOK 4380, PAGE 777 h $ UTILITY EASEMENT TO PACIFIC g roS{'�` ti� 25 TELEPHONE AND TELEGRAPH COMPAN .�� PER INSTRUMENT No. 64806, BOCI< 41 @6 t ! N 5384 PAGE 1057 O.R. PIPELINE EASMONT TO MOJAVE PIPELINE COMPANY PER INSTRUMENT 4PU No, 6538, BOOK 6478. PAGE 16': O.R. SCALE: 1'-500' �r EASEMENT TO THE CITY OF \`J BAKERSFW PER INSTRUMENT No. 0}1 f QP PAR[M d 12112. BOOK 6977. PAGE 1320 O.R. SEWER EASEMENT TO THE CITY OF ?y��� A ! $$ �� 28 SAKERSFW PER INSTRUMENT No- 12114, BOOK 6977, PAGE 1337 O.R.SEE DETAIL �11 STORM DRAIN EASEMENT TO THE CITY `• J 34 OF BAKERSFIELD PER INSTRUMENT No, 06-208993 O.R. BEARING BASE ?: I3ASiS OF GEARING FOR THIS LEGAL DESCRIPTION AND PLAT IS THE CALTRANS (CALIFORNIA DEPARTMENT OF TRANSPORTATION) HCRIZONTAL CONTROL FOR STATE ROUTE 178 (KER 176 PEA 6.7-9.2}. AS DETERMINED BY UNE TAKE TIC BEARING BErMZEN NGS SURVEY MONUMENTS "Y 292' (PID FU0159) AND "RIDGE 2" (PID FU3458); SAID UNE LENGTH GEARING X BEARING IS REPORTED BY CALTRANS AS S81'33'36'W L1 1618' SI}D'2''37"W LANi7^ GAL CURVE TABLE 41 Q• lv � CURVE RADIUS DELTA LENGTH C2 603.00' '5 '31" 4'• ` C3 fiO3.00' x 1459 5 , S `x P a £OF CALIF 4 h x 9 2 '58'I� — —S87 R'tva'e 583.43' — — — S8'979'5B-E 5-31137-- D N89-2W5WW 1761.69 3 PINT OF BEGINNING PARKA -, SCALE 1"-2Da' s t i APH 531--Moa 4 EXHIBIT B OW OF a O CC Meeting 11105114 259 EXHIBIT"B" LEGAL D SC?TTON AND DEPICTION OF PUBLIC UTILITY EASEM EDIT (APN 533-012-14) THAT PORTION OF PARCEL D AS SHOWN ON PARCEL MAP WAVER NO, 11-0001 RECORDED APRIL 20.2011 AS INSTRUMENT NO.0211051155 AND RE-RECORDED JUNE 1.2011 AS INSTRUMENT NO.0211071297 OF OFFICIAL RECORDS IN THE CITY OF BAKERSFIELD.COUNTY OF KERN,STATE OF CALIFORNIA.BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL D.SAID CORNER LYING ON THE NORTH RIGHT OF WAY LINE OF STATE ROUTE 178(VI-KER-178).AND BEING THE SOUTHEAST CORNER OF PARCEL 12 AS THE SAME IS SHOWN ON PARCEL MAP 11013,RECORDED SEPTEMBER 16,2004 IN BOOK 53 OF PARCEL MAPS.PAGE 130, THENCE:ALONG SAID RIGHT OF WAY LINE AND THE SOUTH LINE OF SAID PARCEL D AND SAID PARCEL 42 (PM 11013)N89D28.58 W(record bearing N89=28'51-W)537.70'.THENCE:DEPARTING SAID RIGHT OF WAY LINE N001131'02`E 66.19'TO THE TRUE POINT OF BEGINNING. THENCE:N89328'58'W 1.073.01'. THENCE:S89°16'08'W 265.76'. THENCE.N65°50'45 W 61.34'. THENCE:S89228'58'E 811.88', THENCE:S87i,38'08'E 583-33'TO THE POINT OF BEGINNING CONTAINING 0.48 ACRE MORE OR LESS- THE THE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION AND PLAT IS THE CALTRANS(CALIFORNIA DEPARTMENT OF TRANSPORTATION)HORIZONTAL CONTROL FOR STATE ROUTE 178(KER 178 PM 6.7-92),AS DETERMINED BY THE BEARING BETW EEN NGS SURVEY MONUMENTS-Y 292`(PID FU0159)AND`RIDGE 2'(PID FU3458):SAID BEARING IS REPORTED BY CALTRANS AS S81'33'36 W. THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYORS ACT. 5 4AND 8{,RL 4� r� E�-12/3-1 ,rr r �r£OF CAO g:Iproj12012\121D0913 project design\surveylconstruction drawings legal descriptions and exhibits\531 012 14\533- 012 14util bakers€ieldrntviewbravo.docx CC Meeting 11105114 260 �c3'y K EASEMENTS x,4'1 EASEMENT NOT PLOTABLE «4 R 22 UTILITY EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY PER fI�O :•` BOOK 332. PAGE 483 O.R. SCALE 1"=500' eY�g r"� ABRUTTERS RIGHTS PER INSTRUMENT No- 15975 BOOK 4380, PAGE 777 UTILITY EASEMENT TO PACEIC 2F TELEPHONE AND TELEGRAPH COMPAN PER INSTRUMENT No. 64806. 500K PARCEL 12 5384 PAGE 1067 O.R. 54h nv. PARCEL IIAAP 71x13 26 PIPELINE EASMENT TO MOJAVE PIPELINE COMPANY PER INSTRUMENT APIW 531-012-14 No. 6538. BOOK 6478. PAGE 161 O.R. . 27 EASEMENT TO THE CITY OF BAKERSFIELD PER INSTRUMENT No. r 12112. BOOK 8977, PAGE 1320 O.R. SEWER EASEMENT TO THE CITY OF SAKERSFiELD PER NSTRUMENT No. eT — — — — 12114. BOOK 6977. PAGE 1337 O.R. STORM DRAIN EASEMENT TO THE CETY OF BAKERSMD PER INSTRUMENT No SEE DETAIL .� 06-248993 O.R. CURVE TABLE LINE TABLE CURVE RADIUS DELTA LENGTH LINE LENGTH HEARING Cl 2500.00' 5*03.12' 220-49' LI 66,19' SOD'31.02"W 3 C2 4 28-25'51- 1 270.44• BEARING BASE BA S OF BEARING FOR TICS LEGAL DESCRIPTION AND GANG PLAT IS THE CALTRANS (CALIFORNIA DEPARTMENT ( rSC�,p TRANSPORTATION) HORIZONTAL. CONTROL FOR STATE ROUTE �2ysa?u C" ;LF1 178 (KER 178 PM 6.7-9.2), AS DETERMINED BY THE U Q d �O t BEARING BETWEEN NGS SURVEY MONUMENTS "Y 292" (PID -r y ' FU0159) AND 'RIDGE 27 (PE FU3458); SAID BEARING 1S REPORTED BY CALTRANS AS S81'33'36"W Exp. AREA DATA �T�� PARCEL GROSS 47 p .11A AC rE OF CW DETAIL EASEMENT GROSS 0.48* AC SCALE: 1'200• REMAINDER CROSS 46.63 AC F 5 SM28 Sd'E sit. rte+ PE�IT� POINT OF _ r -- COMMENCEMERT _ CI MOMS"122309' f! PUIRM�1TM-OS- EA t"t EXHIBIT B �""°" OF .K taw Ming. a�s P�lit 7lEkC'4. 'cyi "•E 0.►�G xsuw ..�s_w ya LAC AS SHOT. CC Meeting 11105114 261 ADMINISTRATIVE REPORT o� MEETING DATE: 11/5/2014 CONSENT - Property Acquisition Agreements - TRIP u. TO: Honorable Mayor and City Council FROM: Nelson K Smith, Finance Director DATE: 10/22/2014 WARD: Ward 3 SUBJECT: Agreement with Malladi and Privina Reddy ($130,000) to purchase real property located at 4213 Comanche Drive for the State Route 178 Widening Project. STAFF RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring land to widen State Route 178, including County areas, between Canteria Drive and Miramonte Drive. The project will construct one and in some locations two additional travel lanes in each direction, and curb, gutter and sidewalks in some locations. The property is located along State Route 178 at the Comanche Drive intersection, and identified as 4213 Comanche Drive. The approximately 51,401 square feet of residential zoned property is being acquired for a drainage basin for the State Route 178 widening project. The purchase price of $130,000 is based on an appraisal by Merriman Hurst and Associates, an independent appraisal company, and negotiations with the owners. The purchase price includes the real property and existing improvements including fencing, gates and horse corral improvements. 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 Consistency Review and found this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan. Property acquisition for the required right of way to construct the widening project for State Route 178 is part of the TRIP program and is included in the grant funding for this project. The City will be responsible for approximately 11% of the project cost, including right of way, and will be reimbursed the remaining 89% by the State and Federal Highway Administration. The 178 Widening Project has 29 ownerships. This is the 23rd of the 29 ownerships to be acquired. CC Meeting 11105114 262 Information on the progress of the right of way phase of each TRIP project and the costs associated therewith will be contained in quarterly report. ATTACHMENTS: Description Type ❑ Purchase Agreement CC Meeting 11105114 263 APN: 387-150-21 TITLE REPORT NO: 09307881 PROJECT: SR 178 Highway Widening Project EA: 06-OF350 AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS THIS AGREEMENT is entered into this day of , 201_by and between the CITY OF BAKERSFIELD(hereinafter called Buyer),and MALLADI S.REDDY AND PRAVINA REDDY,HUSBAND AND WIFE AS JOINT TENANTS(hereinafter called Seller)for acquisition by Buyer of certain real property hereinafter set forth. IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer,and Buyer agrees to purchase from Seller, upon the terms and for the consideration set forth in this Agreement (hereinafter called Agreement), all that certain real property (hereinafter called Property) situated in the City of Bakersfield, County of Kern, State of California, and legally described and depicted as follows: SEE EXHIBIT"A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF 2. PURCHASE PRICE. The total purchase price, payable in cash through escrow, shall be the sum of ONE HUNDRED THIRTY THOUSAND DOLLARS ($130,000.00) 3. CONVEYANCE OF TITLE. Seller agrees to convey by Grant Deed to Buyer fee simple title to the Property free and clear of all recorded and unrecorded liens,encumbrances,assessments,easements,leases, and taxes EXCEPT: a. Non-delinquent taxes for the fiscal year in which this transaction closes which shall be cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at the close of this transaction. b. Quasi-public utility, public alley, public street easements,and rights of way of record(except rights in any such items conveyed under this Agreement). c. Items numbered 2, 4, 6, 7 & 8 in the preliminary title report issued by Lawyers Title Company dated April 19, 2013. 4. TITLE INSURANCE POLICY. Escrow Agent shall,following recording of said deed(s)to Buyer,provide Buyer with CLTA Standard Coverage Policy of Title Insurance in the amount of$78,300.00 issued by Lawyers Title Company/Commonwealth Title Company showing the title to the property vested in Buyer, subject only to the exceptions set forth in Paragraph 3 of this Agreement and the printed exceptions and stipulations in said policy. Buyer agrees to pay the premium charged therefore. 5. ESCROW. Buyer agrees to open an escrow in accordance with this Agreement at an escrow company of Buyer's choice.This Agreement constitutes the joint escrow instructions of Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to perform all acts reasonably necessary to close this escrow in the shortest possible time. Seller shall execute and deliver said deed(s) as referenced in Paragraph 3, above, to Escrow Agent Page 1 of 7 CC Meeting 11105114 264 concurrently with this Agreement, or as soon as possible thereafter when said deeds are available. After opening of escrow, Buyer will deposit an executed Certificate of Acceptance with Escrow Agent.Buyer agrees to deposit the purchase price upon demand of Escrow Agent. Buyer and Seller agree to deposit with Escrow Agent any additional instruments as may be reasonably necessary to complete this transaction. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account. 6. ESCROW AGENT IS AUTHORIZED TO, AND SHALL: a. Pay and charge Seller, upon Seller's written approval,for any amount necessary to place title in the condition necessary to satisfy Paragraph 3 of this Agreement; b. Pay and deduct from the amount shown in Paragraph 2 above, any amount necessary to satisfy any delinquent taxes together with penalties and interest thereon,and/or delinquent or non-delinquent assessments or bonds except those which title is to be taken subject to in accordance with the terms of this Agreement; c. Pay and deduct from the amounts payable to Seller under Paragraph 2 of this Agreement,up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s)or deed(s)of trust, if any,and all other amounts due and payable in accordance with terms and conditions of said trust deed(s)or mortgage(s) including late charges, if any, except penalty(if any),for payment in full in advance of maturity,shall, upon demand(s) be made payable to the mortgagee(s) or beneficiary(ies) entitled thereunder; d. Pay and charge Buyer for all recording fees incurred in this transaction including payment of reconveyance fees and forwarding fees for partial or full reconveyances of deeds of trust or release or mortgage by Buyer; e. Pay and charge Buyer for any escrow fees,charges,and costs payable under Paragraph 7 of this Agreement; f. Disburse funds and deliver deed when conditions of this escrow have been fulfilled by Buyer and Seller. The term"close of escrow", if and where written in these instructions,shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of said policy of title insurance. All time limits within which any matter herein specified is to be performed may be extended by mutual agreement of the parties hereto.Any amendment of,or supplement to,any instructions must be in writing. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS POSSIBLE. 7. ESCROW FEES CHARGES AND COSTS. Buyer agrees to pay all Buyer's and Seller's usual fees, charges, and costs which arise in this escrow. 8. FULL AND COMPLETE SETTLEMENT. Seller hereby acknowledges that the compensation paid to Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, by reason of Buyer's acquisition of the Property, specifically including, but not limited to, any and all damage to Page 2 of 7 CC Meeting 11105114 265 Seller's remainder property by reason of the acquisition of the subject Property or the installation of the improvement project in the manner proposed, the value of improvements pertaining to the realty, leasehold improvements, any and all claims of rental or leasehold value and loss of business goodwill (excluding relocation benefits, if any), and any and all claims in inverse condemnation and for precondemnation damages, and any and all other claim that Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of this subject Property; however Seller and Buyer, and each and all of their individual collective agents representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries, hereby release the other party, and each of them,from any and all obligations, liabilities,claims,costs,expenses,demands,debts,controversies, damages,causes of action, including without limitations those relating to just compensation,damages,which any of them now have, or might hereafter have by reason of any matter or thing arising out or in any way relating to any condemnation action affecting the subject Property. 9. CONSTRUCTION CONTRACT AND CURATIVE WORK. a. It is understood and agreed by and between the parties hereto in addition to the compensation shown in Paragraph 2 herein above,the Buyer, its contractors or assigns,shall perform the following construction contract items at the time of the installation of the proposed project: i. Construction of the drainage basin in the manner proposed will include the installation of security perimeter fencing around the acquisition area. All work performed under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances and regulations relating to such work and shall be completed in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated or reconstructed by the Buyer, shall be left in as good condition as found. b. It is understood and agreed by and between the parties hereto that the compensation paid to Seller through this Agreement includes the value of and cost to remove, relocate, reconstruct, and/or refurbish the following improvements located on the Property. i. An existing vinyl fence which is within the acquisition area.The fencing is 60"high and includes three(3) 2"x 6"vinyl lateral rails. The fencing is estimated to be 745 linear feet. ii. An existing steel pipe fence(403±LF)which is 60"high and includes 4"pipe posts with three (3) 3"pipe laterals. iii. Relocate (1) 12'x 20' portable metal canopy. iv. One (1) 13'x 50'metal open side pole stock barn. v. One (1) large tree. It is further understood between the parties hereto that if the improvements referred to in Paragraph 9b above are not removed from the subject property prior to close of escrow, but not sooner than the close of escrow, Buyer, its agents,contractors,or assigns,shall have the right to remove said improvements and dispose of same in any manner Buyer deems appropriate without further notice or responsibility to Seller whatsoever. 10. PERMISSION TO ENTER ON PREMISES. Seller hereby grants to Buyer, its authorized agents or contractors, if necessary by reason of the above-mentioned improvement, the right to enter upon Seller's Page 3 of 7 CC Meeting 11105114 266 property upon 48 hours prior written notice to perform the construction items referred to in Paragraph 9a above and for any of the following reasons. a. To make necessary and reasonable inspections. b. To commence pre-construction and construction related work consistent with the proposed project. 11. RENTAL AND LEASEHOLD INTEREST. Seiler warrants that there are no third parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers, or invitees, and that there are no oral or written recorded or unrecorded leases or other agreements concerning all or any portion of the Property exceeding a period of one month. Seller further agrees to hold Buyer harmless and reimburse Buyer for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Seller for a period exceeding one month, EXCEPT. None. 12. EMINENT DOMAIN DISMISSAL. Seller and Buyer acknowledge that this transaction is a negotiated settlement in lieu of condemnation. Seller acknowledges that the sums received from Buyer under this Agreement constitute full payment of just compensation in eminent domain (including, but not limited to, compensation for the fair market value of the real property taken,severance damages, improvements to the realty, furniture, fixtures, equipment, the value of any leasehold interest, loss of inventory, loss of business goodwill, court costs, litigation expenses and any interest which might be due on such matters). Seller acknowledges that the amounts paid under this Agreement constitute the total amount due Seller,and that no further payments are due,owing or payable. Seller waives any other claims it might have for further payment or further compensation, and also waives any and all claims to any money on deposit in said action and further waives all attorney's fees, costs, disbursements, and expenses incurred in connection therewith. 13. WARRANTIES REPRESENTATIONS, AND COVENANTS OF SELLER. Seller hereby warrants, represents, and/or covenants to Buyer that: a. To the best of Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Property or any portion thereof,at law, or in equity before any court or governmental agency, domestic or foreign. b. To the best of Seller's knowledge, there are no encroachments onto the Property by improvements on any adjoining property, nor do any buildings or improvements encroach on other properties. c. Until the closing, Seller shall not do anything which would impair Seller's title to any of the Property. d. To the best of Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note,evidence of indebtedness,contract, lease,or other agreement or instrument to which Seller's property may be bound. e. Until the closing, Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in these Warranties, Representations,and Covenants of Seller Section not to be true as of closing, immediately give written notice of such fact or condition to Buyer. f. SELLER warrants and represents that they are the sole owners, in fee simple, of and have the right and legal ability to transfer said property the BUYER as set forth in this Agreement 14. HAZARDOUS WASTE. Neither Seller nor, to the best of Seller's knowledge, any previous owner, Page 4 of 7 CC Meeting 11105114 267 tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials("Hazardous Materials") on, under, in, or about the Property,or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use,generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority,the State of California,or the United States Government,including,but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7,or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii)defined as"hazardous substance"under Section 25316 of the California Health and Safety Code, Division 20,Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance",or"hazardous waste"under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance"under Section 25281 of the California Health and Safety Code,Division 20,Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls, (viii)listed under Article 9 or defined as"hazardous"or"extremely hazardous"pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix)designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x)defined as a "hazardous waste pursuant to Section 1004 of the Resource Conservation and Recovery Act,42 U.S.C.S6901 et seg.(42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seg. (42 U.S.C. S9601). 15. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 16. INDEMNITY. Seller agrees to indemnify,defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including,without limitation, attorneys'fees), resulting from, arising out of,or based upon(i)the presence, release, use,generation,discharge,storage,or disposal of any Hazardous Material on, under, in or about,or the transportation of any such materials to or from,the Property, or(ii)the violation,or alleged violation, of any statute, ordinance, order, rule, regulation, permit,judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about,to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury(including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss,damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 17. COUNTERPARTS. This Agreement may be executed in counterparts,each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 18. CONTINGENCY. It is understood and agreed between the parties hereto that the completion of this Page 5 of 7 CC Meeting 11105114 268 transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the Buyer herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 19. BROKERS AND FINDERS. The parties acknowledge and represent that BUYER shall pay no commission to any broker or finder in connection with the purchase and sale of The Property. 20. JURISDICTION AND VENUE. This Agreement shall be governed by and constructed in accordance with the laws of the State of California. The parties consent to the jurisdiction of the California Courts with venue in Kern County. 21. ASSIGNMENT. The terms and conditions,covenants,and agreements set forth herein shall apply to and bind the heirs,executors,administrators,assigns and successors of the parties hereto. Buyer may freely assign any or all if its interests or rights under this Agreement or under the Escrow without the consent of Seller. 22. COOPERATION. Each party agrees to cooperate with the other in the closing of this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements. 23. ENTIRE AGREEMENT WAIVER AND MODIFICATION. This Agreement is the entire Agreement between the parties with respect to the subject matter of this Agreement. It supersedes all prior agreements and understandings, whether oral or written, between the parties with respect to the matters contained in this Agreement. Any waiver, modification, consent or acquiescence with respect to any provision of this Agreement shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby. No waiver by any party of any breach hereunder shall be deemed a waiver of any other or subsequent breach. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS Page 6 of 7 CC Meeting 11105114 269 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed,the day and year first-above written. MAILING ADDRESS OF SELLER 2398 Baycrest Drive Houston, Texas 770058 MAILING ADDRESS OF BUYER 1600 Truxtun Avenue, 2nd Floor Bakersfield, CA 93301 BUYER: SELLER: _ CITY OF BAKERSFIELD ) By: By: HARVEY L. HALL MALLADI S. REDDY Mayor By: r �'I n2�k &XM PRAVINA REDDY APPROVED AS TO FORM: APPROVED AS TO CONTENT: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND W!NICK FIDLER Deputy City Attorney Public Works Director COUNTERSIGNED: By: NELSON K. SMITH Finance Director Attachments: Exhibit"A"— Legal Description and Depiction of Partial Fee Acquisition Page 7 of 7 CC Meeting 11105114 270 EXHIBIT"A" LEGAL DESCRIPTION PORTION OF PARCEL 2 PARCEL MAP 3378 KERN COUNTY, CA (APN 387-150-21) [CT#87078-1] THAT PORTION OF PARCEL 2 OF PARCEL MAP 3378 IN THE COUNTY OF KERN,STATE OF CALIFORNIA,AS PER MAP RECORDED APRIL 5, 1976 IN BOOK 15,PAGE 131 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 2,THENCE;ALONG THE EASTERLY LINE OF SAID PARCEL 2 N0021 9'07'W (record bearing N00210'36'W) 16.08'TO THE TRUE POINT OF BEGINNING, THENCE;ALONG A LINE 15 NORTHWESTERLY OF AND PARALLEL TO THE NORTHWESTERLY RIGHT OF WAY LINE OF STATE ROUTE 178(VI-KER-178)S69214'45'W 322.46'TO THE BEGINNING OF A TANGENT CURVE, THENCE;NORTHWESTERLY 27.11'ALONG THE ARC OF A CURVE,CONCAVE NORTHERLY WITH A RADIUS OF 20.00'(RADIUS POINT BEARS N202451 5"W)AND A CENTRAL ANGLE OF 77239'58"TO A POINT OF TANGENCY ON THE SOUTHWESTERLY LINE OF SAID PARCEL 2, THENCE;ALONG SAID SOUTHWESTERLY LINE N33205'17'W 102.54', THENCE;DEPARTING SAID SOUTHWESTERLY LINE N63259'39"E 425.35'TO THE EASTERLY LINE OF SAID PARCEL 2, THENCE;ALONG SAID EASTERLY LINE S00219'07"W(record bearing S0021 0'36"E) 165.93'TO THE POINT OF BEGINNING,CONTAINING 1.18 ACRES MORE OR LESS. TOGETHER WITH UNDERLYING FEE INTEREST,IF ANY,CONTIGUOUS TO THE ABOVE-DESCRIBED PROPERTY IN AND TO COMANCHE DRIVE AND STATE ROUTE 178(VI-KER-178). THE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION AND PLAT IS THE CALTRANS(CALIFORNIA DEPARTMENT OF TRANSPORTATION)HORIZONTAL CONTROL FOR STATE ROUTE 178(KER 178 PM 6.7-9.2),AS DETERMINED BY THE BEARING BETWEEN NGS SURVEY MONUMENTS"Y 292"(PID FU0159)AND"RIDGE 2"(PID FU3458);SAID BEARING IS REPORTED BY CALTRANS AS S81°33'36"W. THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYORS ACT. y�o yAND s�R` 0 6594 * Exp.12/31/13 �Tf or g:\prof\2012\121009\3 project design\survey\construction drawings\legal descriptions and exhibits\387-150-21\387- 150-21 reddy.docx CC Meeting 11105114 271 CURVE TABLE CURVE RADIUS DELTA LENGTH ao C1 20.00' 77'39'58° 27.11' 2pij 86. 313 75 / w 1 w 1 ° PARCEL 2 6 / 1 � PARCEL MAP 3378 1 APN, 387-150-21 1 CTM 87078-1 1 N63-59-39°E 425.35' 1 SCALE: 1°=80' � , 1 LOA LAND So N69944 —322.46 POINT OF BEGINNIN 1 3 BTATE ROUTE v N00-19'07°E 16.08' / uw 00 l .r, . � — s _ YFKER-178 POINT OF COMMENCEMENT -�- -� TF Ofi CAl-eFa4 WJMNG MW Ease Nrs THE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION AND PLAT IS THE CALTRANS (CALIFORNIA DEPARTMENT OF UTILITY EASEMENT TO SOUTHERN CALIFORNIA TRANSPORTATION) HORIZONTAL CONTROL FOR STATE ROUTED EDISON COMPANY PER BOOK 88 PAGE 252 O.R. 176 (KER 178 PM 6.7-9.2)- AS DETERMINED BY THE 2 BEARING BETWEEN NGS SURVEY MONUMENTS °Y 292° (PID OIL CC HIGH PER 00K UNIVERSAL CONSOLIDATED 2 FU0159) AND 'RIDGE 2° (PID FU3458): SAID BEARING IS REPORTED BY CALTRANS AS S81'33'36°W O PUBLIC HIGHWAY TO COUNTY OF KERN PER BOOK ARM DATA On 2890 PAGE 258 O.R. PARCEL GROSS 3.85 AC *PIPELINE EASEMENT TO UNION OIL COMPANY EASEMENT GROSS 1.18 AC ® PER BOOK 3619 PAGE 135 O.R. g REMAINDER GROSS 2.67 AC INGRESS. EGRESS AND ROAD EASEMENT TO THE GENERAL PUBLIC PER BOOK 4749 PAGE 705 O.R. ROW OF WAY AOGUf511111N 1 wft 387-1160-Z1 EXHIBIT B '�""°" OF 8MMMEW �norrw..— oan-w or cucaRr or sum aA JH S Il..wua.PMS Prasa� LAC r rz=W 7/15/13 CC Meeting 11105114 272 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 CONSENT - Bids v. TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: 10/23/2014 WARD: SUBJECT: Accept bids from Insight Public Sector, Incorporated ($116,112.81 ) and SANplicity ($97,212.17) for replacement Juniper® switches. Total bid amount is $213,324.98. STAFF RECOMMENDATION: Staff recommends acceptance of bids. BACKGROUND: Bids were solicited from suppliers for replacement Juniper® switches. Four (4) bids were received in response to the solicitation. This purchase will replace and modernize various pieces of networking equipment throughout the City known as switches. Switches are the building blocks of data and voice networks as they connect buildings to one another electronically as well as being the point where electronic devices plug into the network. They are electronic distribution points. The City has standardized on Juniper Networks® products for many years. This purchase will replace and modernize various pieces of network equipment throughout the City. This effort spans all wards and will replace network switching and fiber optic devices which are end of life and fully depreciated. It also adds modern redundancy protocols to the City's network for voice and data. Funds are budgeted in the Equipment Management Fund for this purchase. In accordance with the terms of the bid, the City may accept any item or group of items bid, or award the bid on the basis of total bid. In order to get the most favorable pricing, staff recommends the award be split as indicated below. Staff applied the Local Preference Policy to the unit prices of SANplicity's proposal; however, the outcome of the items awarded did not change. A spreadsheet showing line items awarded is attached. Insight Public Sector, Inc., Tempe, AZ $116,112.81 (4 awarded line items) CC Meeting 11105114 273 SANplicity, Inc., $97,212.17 (16 awarded line items) Bakersfield, CA Starnet Data Design, Inc. N/A (0 awarded line items) Westlake Village, CA GovConnection, Inc. N/A (0 awarded line items) Merrimack, NH ATTACHMENTS: Description Type ❑ Spreadsheet Backup Material CC Meeting 11105114 274 V O N N O V 10 O O` O CO N CO 10 O` N N V O O �o N CO V �o V — O V O; 10 — 10 O; N O CO N Ol N O 10 10 10 "a H (`') vj CD O � � CO V N O O 10 N 10 V CO �o M V M I, S N O O` O` — O` r, N 0` O �o 00 V O` O` — �o 0` �o �o m O V O Z -0 U CO I� NIc V CO V I� CO Iq O V V Iq N O 10 CV V V CO V a C3 O N �o N N — O N cl) V D` N N M V 00 M V V LU N �} CO O r, -,o O N O� CO � V CO N 10 M N O` N O N i U D` Iq O O (`") CD O N (`') N CD I N CO — 10 a- > Q) •— CO vj N O` O 10 10 N CO O O O O r, (`') V (`') CO O N 0 C C (`') �o O V N I, V I, CO CO N �o (`') 10 — N O� �o 10 L oO \O V I� CO I, 10 O I, 10 N O (1) N (`') N (1) �o •� (`') N N V N �o O N �o N CO 10 O V O O CO N N V O �o O �o Q O OO (`") O N F, vq O q N O` I O` N O D: V U "t7 H D` (`") 10 (`") O `o � O (`') �o I, � � � � � CD CD V O m O` m V I� m O` m I� 10 v� �O (`') V N N CO V V V O` D` D` O` ,n U co o v o (v o v O; 1 v O o co o 0 0 N _ N V N — N — D O N V D N N m N r, V a a W ` H I� 10 I, CO V r, O CO r, L') CO V CO O N O — N 0 C U OO N CO O V N o CO �q r O: (`') 10 m — O O co O� �o o co v 1 �O co O� Ol 10 O� 10 v v co i N CL N CO V �o r� (`') 10 O CO 10 N N 10 0 0 m (`") V V N �o N D; V N O` (`') (`') V V I, •C (`') N V O O O O O O Lc) O O 0 0 0 0 Lc) O N O co O M V N O Lc! Lc! Lc! O O Lc) N N O r- O� V M O — Q N O C 0 -O Lc) O 10 co O cV 0 O O O O L CV O. 04 N O. rn co O O Lc) O � O O N O. M c0 N -O N 00 V U � V O (`") N O% In O M 00 O% -O co Lc) — — V N N Llr)y a � N V .p 16 O� CO o% N CO N N M O 4 1� Vl- �. LLI ~ z i O lc) lc) lc) O 10 Lc) O O 0 0 0 0 Lc) O VLc) co -O H V O 1� . O r- � O Lq O O O O 1It � O � � Lq � O N N N O N O N O Ln O Ln N N Ln m N M N 00 m V M O `o a cq . N co N M N .E C6 N 00 N M i v CD N V O .O 10 O V p O O` N N N O N O. CN 'D N N 0 O V D` O O D` CD O D CD O O CO CO 0 O co V o M CO N '0 CV V O` '0 V N o` O` N o. V Co O O O CV U N O M , 00 M .o p O� 10 N � "a U O N V () N co O N O O '0 m p'IT v o U V a W H r rL 3- E y co CC) O M O` CD CD N CD CD O` 10 O` O` OZ I� Iq O` O OR � N O N r- m N m D` Ln CD V O H U V N O CO O V N I, O� O` N N O 00 N V V I� v� .O O .O `O V N O` N M N co I, C p M N O V 2 U o U 2 coNVco J � J U x x w — �, w IL w L L w � U Q w w J `n LL Q o o 0 0 w co w o v N N co D C� C� v U Q ° (1) (1) (1) z o N o o (Y o w w O O v Q x x x x o0 00 00 o0 O o0 00 0 � � � ( � � IL w w w w v () (') V V O V o O w LL w w 0 D D D x v x x v v x v C z w u w w a Lxu w w LL Lx Lx w w w (xi U j > > x CS � � � � N w Q) w t _ _ u � ° te a U O O c O O N Q (1) -c (1) T w D X ~ r Q N C �_ N C U c � ._ -c Q O � U U N U D * N a G c Q C (`") C O N c * N 0 OQ N N U v O �� O u0 0 � o o � � xx o � � '� � � U 3 0 o D- a D-x m a D- , I D-O � o o m E co c- V V co CO U O v o v� v� w w �n (� Q Q v u V N N - o V V N .� cn v) O i Q p � _ d O O C� C� O CO N V ? vi N V CO v U O 0 0 V 0 0 V w � � 0 O E '^ o) O v x c c w w w w O O O O ;; „ °- co N x w x x x w x O x `w w w w w w 0 0 0 0 m V ^ p w w U w w U w U w 0 U v v v v v Z c ) ) ) ) u _ m D �n X x x x 'a d C V — U N w w w w C E a N + O N N N N N U N N N N N N N N + .Q w Q Q Q Q Q Q Q Q Q Q Q Q Q w U N N N N a E r N p c U 'c p 'c 'c 'c O 'c O 'c c c 'c 'c 'c 'c 'c � 0 01 c 7.w > > > D D o o > > > > > > > 3 0 0 0 U m CC Meeting 11105114 275 REPORT ADMINISTRATIVE REP S O t10 tw MEETING DATE: 11/5/2014 CONSENT - Bids w. TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: 10/23/2014 WARD: SUBJECT: Accept bid from Lehr Auto Electric ($657,902.25) for 162 Panasonic Toughbook Laptops for the Police Department. STAFF RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Bids were solicited from computer suppliers for Panasonic Toughbook Laptops. Ten bids were received in response to the solicitation. The 162 Panasonic Toughbooks are additional and replacement units for Police officers who use this technology in their daily field work. The current units to be replaced (117) are past their replacement dates and are beyond the warranty coverage period. The additional units (45)are laptops for each officer as part of the Automated Vehicle Location system. The vehicle mount port replicators necessary for installation of the laptops are also on the agenda. The ten bids received are as follows: LEHR Auto Electric, Sacramento, CA $657,902.25 Insight Public Sector, Tempe, AZ $682,978.11 Rugged Depot, Magnolia, TX $682,979.85 CDW Government LLC, Vernon Hills, IL $683,154.00 GovConnection, Inc., Rockville, MD $685,975.23 SHI International Corp., Somerset, NJ $689,167.40 CDCE, Inc., Yorba Linda, CA $696,563.55 Brekford Corp., Hanover, MD $703,529.55 Business Services, Longboat Key, FL $714,497.52 Howard Technology Solutions, Ellisville, MS $729,477.90 Funds for the purchase of 122 laptops are budgeted in the Equipment Replacement Fund; 40 laptops are funded by Board of State and Community Corrections (BSCC) Trust Funds. Staff finds the bid submitted by Lehr Auto Electric to be acceptable. CC Meeting 11105114 276 ADMINISTRATIVE REPORT o� MEETING DATE: 11/5/2014 CONSENT - Bids x. TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: 10/23/2014 WARD: SUBJECT: Accept bid from Cyber Computers, Inc. ($72,794.70), for 162 Panasonic Vehicle Mount Port Replicators for the Police Department. STAFF RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Bids were solicited from computer suppliers for Panasonic vehicle mount port replicators. Eight bids were received in response to the solicitation. The vehicle mount port replicators provide power, connectivity, and installation of the Panasonic Toughbook laptops; purchasing the laptops is also on the agenda. Funds are budgeted in the Equipment Replacement Fund for the purchase of 200 vehicle mount port replicators. The eight bids received are as follows: Cyber Computers, Inc., Irvine, CA $72,794.70 Lehr Auto Electric, Sacramento, CA $74,013.75 CDW Government LLC, Vernon Hills, IL $78,367.50 Brekford Corp., Hanover, MD $78,541.65 Business Services, Longboat Key, FL $79,408.92 Insight Public Sector, Tempe, AZ $79,595.26 Rugged Depot, Magnolia, TX $79,698.01 CDCE, Inc., Yorba Linda, CA $82,547.10 Staff finds the bid received from Cyber Computers, Inc., to be acceptable. CC Meeting 11105114 277 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 CONSENT-Bids y. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/22/2014 WARD: Ward 3 SUBJECT: Accept bid and approve contract with STL Landscape, Inc. ($388,000), for median improvements on Mt. Vernon Avenue from Columbus Street to University Avenue. STAFF RECOMMENDATION: Staff recommends acceptance of bid and approval of contract. BACKGROUND: The project consists of removing the existing green asphalt from median islands within the project area and replacing the outdated irrigation with a more water-efficient system. The project also includes installation of new trees, drought tolerant planting, and stamped concrete. Broken median curbing will be reconstructed and median noses will be modified at the intersections to allow an ADA accessible pathway through the crosswalk. This project is 88.53% federally funded through the Transportation Enhancement Program (TE), with the local match requirement funded with Capital Outlay funds. The project is subject to prevailing wages due to its federal funding source. The engineer's estimate for this construction contract is $417,000. On October 14, 2014, the City received a total of six bids. Five bids were found acceptable, as follows: STL Landscape, Inc. 8122 Compton Avenue in the amount of $388,000.00 Los Angeles, CA 90001 Trident Contractors, Inc. 1618 Sullivan Avenue Suite 526 in the amount of $388,944.00 Daly City, CA 94015 Plank & Harvey Inc. DBA CenCal Construction CC Meeting 11105114 278 10112 Revere Beach Drive Bakersfield, CA 93314 in the amount of $389,812.45 Clean Cut Landscape 8406 N Armstrong Avenue in the amount of $444,685.00 Clovis, CA 93619 DOD Construction 3501 Edison Highway in the amount of $468,580.00 Bakersfield, CA 93307 The one bid deemed non-responsive was due to the bidder not submitting the appropriate documentation per the bidding and federal requirements. Sufficient funds are budgeted for award of this project. ATTACHMENTS: Description Type ❑ Last Minute Blue Memo Cover Memo CC Meeting 11105114 279 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: November 5, 2014 SUBJECT: AGENDA ITEMS FOR COUNCIL MEETING OF November 5, 2014: - CONSENT CALENDAR - Item 8. Y (Ward 3) Accept bid and approve contract with STL Landscape, Inc. ($388,000), for median improvements on Mt. Vernon Avenue from Columbus Street to University Avenue. Staff inadvertently did not upload the agreement with the contractor into the Novus Agenda system. The agreement is attached to this memorandum. Staff apologizes for this oversight. cc: Alan Tandy, City Manager G:\GROUPDAT\ADMINRPT\2014\10-22\BIue Memo Beltway Operational Improvements.doc CC Meeting 11105114 280 Anor— . — - — — -----.-.l&= 11111111111111111111IL-- AGREEMENT NO. CONSTRUCTION PROJECTS AGREEMENT THIS AGREEMENT is made and entered into on by and between the CITY OF BAKERSFIELD, a municipal corporation, (''CITY'' herein) and STL LANDSCAPE, INC., a California Corporation, (''CONTRACTOR'' herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of construction, and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to employ CONTRACTOR for Median Improvements to Mt. Vernon Avenue from Columbus Street to University Avenue ("Project" herein), as set forth herein. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work to be performed consists, in general, of removal of existing asphalt surface on top of median, excavation of soil, removal of underground asphalt layer (presumably old roadway), removal of concrete planter boxes around existing trees, and removal of existing irrigation system, relocation of median island nose curbing, installation of new stamped concrete, directional drilling under roadway for irrigation sleeves, new irrigation system, new electrical system, planting new trees and shrubs and a one year maintenance period ("Project" herein). The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not. CITY and CONTRACTOR agree all communications relating to this Agreement must be in writing. CONTRACTOR understands and agrees that the CITY is an urban area and underground obstructions including, without limitation, water lines, electrical lines, sewer lines, and gas lines are inherent in any work involving subsurface excavation. At a minimum, CONTRACTOR must contact appropriate underground alert authorities before starting any subsurface work. CONSTRUCTION PROJECTS AGREEMENT Updated—June 3,2014 Date Prepared:10/16/2014 Median Improvements to Mt.Vernon Avenue from Columbus Street to University Avenue L.Skinner for Project Designer: City Project No.T4K213;Federal Project No.RPSTPLE-5109(205) Dan Cestone:Telephone:(661)326-3589 C:\Users\jd ri ma kis\Desktop\Med is n I mpr_MtVernon_Col u mbus-U niversity_Ag r.docx CC Meeting 11105114 281 I.]. The following shall be deemed to be part of this Agreement as if fully set forth herein: 1.1.1. Notice to Contractors 1.1.2. Special Provisions 1.1.3. Bid Proposal 1.1.4. Bidder's Bond 1.1.5. Performance Bond 1.1.6. Material and Labor Bond 1.1.7. Letters of transmittal, if any 1.1.8. All provisions required by law to be inserted in this contract whether actually inserted or not. 1.1.9. Current State of California DAS 140 Form (if required by Specifications) 1.1.10.Drawings, if any. 1.1.11.Public Contract Code § 22300 (Escrow Accounts). 1.1.12 Required Federal-Aid Contract Language (Exhibit 12-G) 1.1.13 Required Contract Provisions Federal-Aid Contracts (Form FHWA1273, Exhibit 12-G) 1.1.14 Subcontracting Request Form (Exhibit 16-B, LAPM) 1.1.15 Prevailing Wage Rates (Davis-Bacon) 1.1.16 Title VI Assurances. CONTRACTOR acknowledges that CITY is receiving federal-aid for the construction of a portion of this project. CONTRACTOR agrees to physically incorporate all federally required contract provisions, including form FHWA-1273, in his various subcontracts and purchase orders for the federally funded portions of this project. CONTRACTOR acknowledges that failure to incorporate form FHWA-1273 into those subcontracts and purchase orders will jeopardize CITY's eligibility for federal-aid funding. In the event of noncompliance in regards to this requirement, CONTRACTOR will be required to correct the noncompliance. CITY will withhold payment for subcontracted work involved with the noncompliance from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of THREE HUNDRED EIGHTY-EIGHT THOUSAND DOLLARS AND NO CENTS ($388,000.00). 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 agreed to in writing by the parties. For projects falling under Title 49 Code of Federal Regulations (CFR) Part 26.29 the CITY shall not require the withholding of any retention from CONSTRUCTION PROJECTS AGREEMENT Updated—June 3,2014 Date Prepared:10/16/2014 Median Improvements to Mt.Vernon Avenue from Columbus Street to University Avenue L.Skinner for Project Designer: City Project No.T4K213;Federal Project No.RPSTPLE-5109(205) Dan Cestone:Telephone:(661)326-3589 C:\Users\jd ri ma kis\Desktop\Med is n I mpr_MtVernon_Col u mbus-U niversity_Ag r.docx CC Meeting 11105114 282 CONTRACTOR. CONTRACTOR agrees that it will not cause retention to be withheld from subcontractors working under this contract which are subject to the provisions of 49 CFR part 26.29. For projects, or any severable parts of a project under Federal law, which do not fall under 49 CFR part 26.29 CITY shall retain ten percent (10%) from payments to CONTRACTOR and does not limit or prohibit CONTRACTOR from requiring retention from subcontractors. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered in accordance with the Special Provisions applicable to this Project. 4. SCHEDULING. When required by CITY in contract bid documents, or upon reasonable notice, CONTRACTOR shall supply CITY with scheduling documents showing all information in a form requested by CITY. CONTRACTOR's scheduling personnel shall have experience in and be knowledgeable in scheduling. CITY may require CONTRACTOR to supply the schedule on programs named by CITY (Microsoft Project for example), and may require said schedules to be undated or revised on a regular basis. CITY may require recovery schedules if CONTRACTOR falls behind the Project schedule. CITY's review or comment on the schedule shall not constitute acceptance thereof. 5. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 6. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession. 7. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of the profession in California. 8. MERGER AND MODIFICATION. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council CONSTRUCTION PROJECTS AGREEMENT Updated—June 3,2014 Date Prepared:10/16/2014 Median Improvements to Mt.Vernon Avenue from Columbus Street to University Avenue L.Skinner for Project Designer: City Project No.T4K213;Federal Project No.RPSTPLE-5109(205) Dan Cestone:Telephone:(661)326-3589 C:\Users\jd ri ma kis\Desktop\Med is n I mpr_MtVernon_Col u mbus-U niversity_Ag r.docx CC Meeting 11105114 283 and signed by all the parties. 9. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 11. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. CONTRACTOR retains the right to control the manner in which the services described herein are performed and CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services set forth in this Agreement. 12. INSURANCE and BONDS. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance (''basic insurance requirements'') herein: 12.1. Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1 ,000,000) per occurrence, and the policy shall: 12.1.1. Provide coverage for owned, non-owned and hired autos. 12.2. Broad form commercial -general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an CONSTRUCTION PROJECTS AGREEMENT Updated—June 3,2014 Date Prepared:10/16/2014 Median Improvements to Mt.Vernon Avenue from Columbus Street to University Avenue L.Skinner for Project Designer: City Project No.T4K213;Federal Project No.RPSTPLE-5109(205) Dan Cestone:Telephone:(661)326-3589 C:\Users\jd ri ma kis\Desktop\Med is n I mpr_MtVernon_Col u mbus-U niversity_Ag r.docx CC Meeting 11105114 284 occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1 ,000,000) per occurrence, and the policy shall: 12.2.1. Provide contractual liability coverage for the terms of this Agreement. 12.2.2 Provide unlimited products and completed operations coverage. 12.2.3 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 12.2.4 All policies shall be written on a first-dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, CONTRACTOR may utilize a Self-Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self- Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 12.3. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1 ,000,000) per accident, and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 12.4. All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. 12.5. Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured retentions or insurance in CONSTRUCTION PROJECTS AGREEMENT Updated—June 3,2014 Date Prepared:10/16/2014 Median Improvements to Mt.Vernon Avenue from Columbus Street to University Avenue L.Skinner for Project Designer: City Project No.T4K213;Federal Project No.RPSTPLE-5109(205) Dan Cestone:Telephone:(661)326-3589 C:\Users\jd ri ma kis\Desktop\Med is n I mpr_MtVernon_Col u mbus-U niversity_Ag r.docx CC Meeting 11105114 285 lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A-:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 12.6. Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 12.7. The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 12.8. The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance and bonds required. The CITY may withdraw its offer of contract if certificates of insurance and endorsements and bonds required have not been provided as required by the Special Provisions. 12.9. Full compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 12.10. It is further understood and agreed by the CONTRACTOR that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement. 12.11. Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the ''basic insurance requirements'' set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR. 12.12. CONTRACTOR shall provide performance, labor and material bonds in amounts and in a form suitable to the CITY. CITY shall approve in writing all such security instruments prior to the commencement of work on the Project. CONSTRUCTION PROJECTS AGREEMENT Updated—June 3,2014 Date Prepared:10/16/2014 Median Improvements to Mt.Vernon Avenue from Columbus Street to University Avenue L.Skinner for Project Designer: City Project No.T4K213;Federal Project No.RPSTPLE-5109(205) Dan Cestone:Telephone:(661)326-3589 C:\Users\jd ri ma kis\Desktop\Med is n I mpr_MtVernon_Col u mbus-U niversity_Ag r.docx CC Meeting 11105114 286 13. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 14. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 15. TERMINATION. This Agreement may be terminated as set forth in the Special Provisions for this Project. If no termination clauses are included in the Special provision this Agreement may be terminated for CONTRACTOR default. The following circumstances shall be deemed a CONTRACTOR default: 1 ) a material breach of the contract where CONTRACTOR fails to cure said breach within ten (10) days of notice from CITY. If said breach cannot reasonably be cured within ten (10) days CONTRACTOR must have taken significant steps to cure said breach including, without limitation, providing a written plan acceptable to CITY to cure the default and immediately commencing to cure the default, 2) violation of any law, statute, regulation, rule, ordinance, permit or order of any governmental agency by CONTRACTOR applicable to the Project and where CONTRACTOR does not cure said violation within ten (10) days of the date of the notice of violation or notice from CITY demanding a cure, whichever is earlier, 3) CONTRACTOR makes an assignment for benefit of creditors, admits an inability to pay debts, files a petition in bankruptcy or is otherwise determined bankrupt or insolvent, 4) CONTRACTOR fails to adequately respond in writing to CITY's written demand for adequate assurances. CONTRACTOR must respond to CITY'S demand for adequate assurances within ten (10) days in writing with all necessary information to assure CITY that CONTRACTOR has the financial and other necessary resources to perform the contract without breach. All information requested by CITY shall be supplied or CONTRACTOR will be in material breach of this Agreement. 15.1 In the event of termination by CITY as set forth above, CONTRACTOR shall remain fully liable for any work not completed, liquidated damages (as set forth in the Special Provisions), delays by follow up contractors, materials and equipment provided, designs commenced through the date of termination, and consequential damages. CONTRACTOR will immediately CONSTRUCTION PROJECTS AGREEMENT Updated—June 3,2014 Date Prepared:10/16/2014 Median Improvements to Mt.Vernon Avenue from Columbus Street to University Avenue L.Skinner for Project Designer: City Project No.T4K213;Federal Project No.RPSTPLE-5109(205) Dan Cestone:Telephone:(661)326-3589 C:\Users\jd ri ma kis\Desktop\Med is n I mpr_MtVernon_Col u mbus-U niversity_Ag r.docx CC Meeting 11105114 287 deliver to CITY possession of the work including all designs, engineering, project records, cost data, drawing specifications and contracts, and construction supplies and aids dedicated solely to performing the work. CONTRACTOR shall assign all subcontracts to CITY, however, CITY may accept or reject said subcontracts at its sole discretion. 15.2 CITY and CONTRACTOR agree that should CITY's termination for cause be determined by a court of law to be wrongful or without cause, such termination will be treated as a termination for convenience entitling CONTRACTOR to an equitable settlement for claims and liabilities outstanding at the date of termination and reasonable compensation for work actually performed to the date of termination. No other compensation shall be due CONTRACTOR for termination for convenience. 16. REMEDIES. The remedies provided in this Agreement are cumulative and are in addition to any other remedies in law or equity which may be available to CITY. The election of one or more remedies shall not bar the use of other remedies unless the circumstances make the remedies incompatible. 17. SITE INSPECTION. CITY shall be allowed to inspect the construction site at any time and CONTRACTOR shall make all areas of the construction site available to inspection including, without limitation, any construction trailers or offices at the site and all plans, drawings, documents, schedules, photographs and other documentation relating to the Project. 18. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop notices or liens to be filed on the project, and shall pay all costs and fees to CITY, including without limitation attorney's fees, incurred by CITY because of the filing of any such stop notice, lien or legal action relating thereto. CONTRACTOR agrees CITY may withhold from any funds held by CITY concerning the project amounts sufficient to cover costs and fees, including without limitation attorney's fees, incurred by CITY because of the filing of any stop notice, lien, or legal action relating thereto. 19. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 20. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CONSTRUCTION PROJECTS AGREEMENT Updated—June 3,2014 Date Prepared:10/16/2014 Median Improvements to Mt.Vernon Avenue from Columbus Street to University Avenue L.Skinner for Project Designer: City Project No.T4K213;Federal Project No.RPSTPLE-5109(205) Dan Cestone:Telephone:(661)326-3589 C:\Users\jd ri ma kis\Desktop\Med is n I mpr_MtVernon_Col u mbus-U niversity_Ag r.docx CC Meeting 11105114 288 CITY: CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT 1600 Truxtun Avenue Bakersfield, California 93301 (661 ) 326-3724 CONTRACTOR: STL LANDSCAPE, INC. 8122 Compton Avenue Los Angeles, California 90001 (323) 581-8200 21. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 22. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties. 23. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 24. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers (including, but not limited to, computer or electronic data), or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. CONSTRUCTION PROJECTS AGREEMENT Updated—June 3,2014 Date Prepared:10/16/2014 Median Improvements to Mt.Vernon Avenue from Columbus Street to University Avenue L.Skinner for Project Designer: City Project No.T4K213;Federal Project No.RPSTPLE-5109(205) Dan Cestone:Telephone:(661)326-3589 C:\Users\jd ri ma kis\Desktop\Med is n I mpr_MtVernon_Col u mbus-U niversity_Ag r.docx CC Meeting 11105114 289 25. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. The term "accounting records" includes the various subcontracts and purchase orders that CONTRACTOR has issued on this project. CITY reserves the right to review any or all those documents to ensure compliance with the federal contract provisions. 26. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 27. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number CONTRACTOR is a corporation? Yes X No_ (Please check one) 28. CONTRACTOR'S LICENSE INFORMATION. License Number 956281 Expiration Date 01/31/2015 License Classification A, C27 29. NON-INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 30. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. -------000------- CONSTRUCTION PROJECTS AGREEMENT Updated—June 3,2014 Date Prepared:10/16/2014 Median Improvements to Mt.Vernon Avenue from Columbus Street to University Avenue L.Skinner for Project Designer: City Project No.T4K213;Federal Project No.RPSTPLE-5109(205) Dan Cestone:Telephone:(661)326-3589 C:\Users\jd ri ma kis\Desktop\Med is n I mpr_MtVernon_Col u mbus-U niversity_Ag r.docx CC Meeting 11105114 290 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD STL LANDSCAPE, INC. By: By: HARVEY L. HALL Mayor PRINT NAME: Title: APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney Insurance: JENA COVEY Risk Manager APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director COUNTERSIGNED: By: NELSON SMITH Finance Director Attachments: Certificates of Insurance CONSTRUCTION PROJECTS AGREEMENT Updated—June 3,2014 Date Prepared:10/16/2014 Median Improvements to Mt.Vernon Avenue from Columbus Street to University Avenue L.Skinner for Project Designer: City Project No.T4K213;Federal Project No.RPSTPLE-5109(205) Dan Cestone:Telephone:(661)326-3589 C:\Users\jd ri ma kis\Desktop\Med is n I mpr_MtVernon_Col u mbus-U niversity_Ag r.docx CC Meeting 11105114 291 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 CONSENT - Bids z. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/23/2014 WARD: Ward 1 SUBJECT: Accept bid and approve contract with Traffic Development Services ($182,074.70) for traffic signal and lighting system installation at the intersection of Oswell Street and the Eastbound State Route 58 Off- Ramp Project. STAFF RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract. BACKGROUND: The project consists of installing a traffic signal and lighting system in addition to modifying and refreshing traffic stripes and pavement markings at Oswell Street and the Eastbound State Route 58 Off-Ramp Project. The project is predominantly federally funded through the Congestion Mitigation and Air Quality (CMAQ) program. CMAQ funds will cover 88.53% of eligible project costs. The local match will be funded through traffic impact fees since the signal location is on the Traffic Impact Fee Facilities List. The project construction will be coordinated with a discount supermarket development on Brundage Lane east of Oswell Street. As a condition of development, the developer is required to widen the State Route 58 off-ramp and Oswell Street intersection to mitigate increased traffic flow resulting from the development. These improvements provide two dedicated left turn lanes and one dedicated right turn lane. The City's scope of work for the proposed traffic signal and lighting system at this off-ramp is contingent on the developer's improvements. Due to the uncertainty of the timing for the developer's project, the City advertised this project with a base bid and additive alternate. The additive alternate provided additional signage and striping if the developer's work was not completed. Please note during the course of bidding the City's project, the developer obtained an encroachment permit from Caltrans for its work on the eastbound off-ramp. The developer's encroachment permit is valid until March 31, 2015. As a result, staff anticipates the construction of the traffic signal and lighting system project to commence in April 2015. Therefore, staff is only recommending the award of the Base Bid at this time. If the developer does not proceed with the construction of the eastbound off-ramp improvements, the City will issue a contract change order for the amount of the additive alternate; the change order would also be eligible for the 88.53% federal funding CC Meeting 11105114 292 reimbursement. The engineer's estimate for this construction contract was $190,000. On September 23, 2014, a total of four bids were received; all bids are acceptable. The acceptable bids are as follows: Traffic Development Services in the amount of $182,074.70 207 West Los Angeles Avenue Moorpark, CA. 93021 Lee Wilson Electric Company in the amount of $185,000.50 1151 El Camino Real Arroyo Grande, CA. 93420 A-C Electric Company in the amount of $193,854.00 315 30th Street Bakersfield, CA. 93301 (City) LOOP Electric, Inc. in the amount of $230,806.00 7040 Downing Avenue Bakersfield, CA. 93308(County) The project is subject to prevailing wage requirements due to its federal funding source. Federal grant funds and traffic impact fees comprise of the funding sources for the project. Therefore, there is no General Fund impact associated with this project. Sufficient funds are budgeted for award of this contract. CC Meeting 11105114 293 ADMINISTRATIVE REPORT o� MEETING DATE: 11/5/2014 CONSENT - Successor Agency Business aa. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 10/23/2014 WARD: SUBJECT: Receive and file Successor Agency payments from October 10, 2014 to October 23, 2014 in the amount of $463.78 STAFF RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: The City administers payment of Successor Agency enforceable obligation payments as authorized by the State Department of Finance (DOF) to further the dissolution of the former Bakersfield Redevelopment Agency. The Successor Agency submits a Recognized Obligation Payment Schedule (ROPS) to the Bakersfield Oversight 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 Agency. A check register is provided which summarizes the transactions processed during the above referenced period. Additional details are provided below for each transaction. Check #603609 to California Water Service for $11.93 is a payment for various operational costs at Creekview Villas. Payment funded with Successor Housing Agency program income. Check #7582 to Blueprint Service Company for $451.85 is a payment for various operational costs at Creekview Villas. Payment funded with Successor Housing Agency program income. ATTACHMENTS: Description Type ❑ SA Check Register Admin 11-05-14 Backup Material CC Meeting 11105114 294 10/23/2014 AP - CHECK REGISTER - SUCCESSOR AGENCY PAGE 1 FROM 9/12/2014 TO 10/09/2014 Check Vendor Number Number Vendor Name Check Date Check Total 603609 1696 CALIFORNIA WATER SERVICE 10/16/2014 11.93 1 $11.93 E-Payables Vendor E-Payable E-Payables Number Number Vendor Name Date Amount 7582 1163 BLUEPRINT SERVICE CO 10/23/2014 451.85 1 $451.85 Disbursement Total 2 $463.78 S:\Accounting\Dawn TWdmin - Council\2014\COUNCIL-ADMIN-SA-2014\ CC Meeting 11105114 295 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 Consent Calendar Public Hearings 9. a. TO: Honorable Mayor and City Council FROM: Douglas N. Mclsaac, Community Development Director DATE: 9/26/2014 WARD: Ward 3 SUBJECT: General Plan Amendment/Zone Change 14-0222; Ken Koss, representing Ken Koss and Tony Evans, (property owner), has applied for a general plan amendment and zone change on 7.28 acres generally located north of Highland Knolls Drive, east of Fairfax Road. 1 . Resolution adopting a Negative Declaration. 2. Resolution approving the general plan amendment changing the land use designation from LR (Low Density Residential) to HR (High Density Residential) on 7.28 acres. 3. First reading of ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district R-1 (One Family Dwelling) to R-3/PUD (Multiple Family Dwelling/Planned Unit Development) on 7.28 acres. STAFF RECOMMENDATION: Staff recommends adoption of resolutions and first reading of the ordinance. BACKGROUND: The applicant is requesting an amendment to the Metropolitan Bakersfield General Plan Land Use Element and City of Bakersfield Zoning Ordinance to construct approximately 168 multi- family dwelling units for a senior housing community. In September 2005, the Planning Commission approved Tentative Tract Map 6499, which originally included 28 lots on the current project site. With the expansion of Highway 178 and the new Morning Drive interchange, the City required a sump for drainage purposes and went through an eminent domain procedure, which removed about 2.8 acres from the original subdivision site. The settlement agreement was recently approved by City Council and as a result the applicant submitted an application for this general plan amendment and zone change for a multi-family project, instead of the originally proposed single family homes. The proposed general plan amendment and zone change encompasses all of Phase 2, the northern portion of Tentative Tract Map 6499, which includes 20 lots. Staff has added a condition to the general plan amendment/zone change that will require the developer to reduce the 20 lots CC Meeting 11105114 296 in Phase 2 of Tentative Tract Map 6499 into a single lot. The reduction of lots will be a benefit to both the applicant and the City by creating the potential for a more cohesive and neighborhood friendly multi-family project that is not limited by the design of the subdivision which was originally intended as a single-family subdivision. With the reduction in the number of lots, the applicant still has the ability to construct up to 168 multi-family units. Staff also recommended to the Planning Commission that an R-3 base zone be approved, instead of the proposed R-4 zone. The R-3 zone still allows the applicant to construct 168 multi- family dwelling units as they desire. A condition was also added that the development be limited to senior housing, with a maximum of 168 units, since that is what was assessed in the environmental impact studies prepared for the project. At the time the property is developed, it will be subject to the City's policy for "Complete Streets," which requires that all transportation facilities for bicyclists, pedestrians, transit and motorists be considered. Primary vehicle, bicycle and pedestrian access to the site will be via Highland Knolls Drive (Collector) and proposed local roads. All sidewalks and pedestrian access throughout the development will be required in accordance with City standards. There are currently no GET bus routes that run along the project site; however, when project streets and surrounding streets are fully developed, standard bus bays may be located at nearby intersections if designated as a bus route. The City's Bikeway Master Plan does designate bike routes in the project vicinity. The closest designated bike route is Fairfax Road as a Class 2 facility (marked bike lanes). 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 bike 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 streets with connections to the existing bikeway network. The proposed project changes the use from low to a higher residential density with multi-family dwelling units for senior housing. The proposed high density residential is compatible with the surrounding urban commercial and residential uses. The Metropolitan Bakersfield General Plan encourages the intensification of land uses that maintains continuity of existing development. The proposal would provide housing to support the planned commercial uses along Highland Knolls Drive to the east of the project site. The proposed project is between Highway 178 to the north, commercial uses to the east and mixed residential densities to the west and south creating a mixed land use setting. The general plan encourages a variety of residential types and densities in close proximity to the planned commercial centers along Highland Knolls Drive. Staff is recommending the approval of the proposed project with mitigation and conditions, including two conditions, that the project is limited to a 168-unit senior housing community as proposed and that the 20 lots currently approved be consolidated into one lot, so a planned unit development project can be approved with a more cohesive design that shows consistency and harmony of new housing in relation with the character of the surrounding neighborhood and community. The Planning Commission conducted a public hearing on this general plan amendment/zone change on September 18, 2014, and recommended approval to the City Council. No individuals or agencies present at the hearing opposed the request. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and CC Meeting 11105114 297 posted on August 25, 2014, in accordance with CEQA. ATTACHMENTS: Description Type ❑ Resolution Adopting Negative Declaration Resolution ❑ Exhibit A- Mitigation Measures Exhibit ❑ Exhibit B - Location Map Exhibit ❑ Resolution Approving General Plan Amendment Resolution ❑ Exhibit A-Conditions of Approval Exhibit ❑ Exhibit B - General Plan Amendment Map Exhibit ❑ Ordinance Approving Zone Change Ordinance ❑ Exhibit A-Zone Change Map Exhibit ❑ Exhibit B - Legal Description Exhibit ❑ Backup Material Backup Material CC Meeting 11105114 298 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 LOCATED NORTH OF HIGHLAND KNOLLS DRIVE, EAST OF FAIRFAX ROAD, (GPA/ZC NO. 14-0222). WHEREAS, Ken Koss for Ken Koss and Tony Evans, filed an application with the City of Bakersfield Community Development Department requesting an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from LR (Low Density Residential) to HR (High Density Residential) and to change the zone district from R-1 (One Family Dwelling) to R-3/PUD (Multiple Family Dwelling/Planned Unit Development) on 7.28 acres located generally north of Highland Knolls Drive, east of Fairfax Road (the "Project"); and WHEREAS, the Planning Commission recommended adoption of a Negative Declaration with mitigation measures for the Project; and WHEREAS, the Clerk of the City Council set Wednesday, October 22, 2014 at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider the proposed Negative Declaration as required by Government Code Section 65355, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, Negative Declaration and the Planning Commission's deliberation, and action. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: 1. The Planning Commission's findings as contained in its Resolution No. 50-14 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 in Exhibit B, both of which are incorporated herein. ---------000-------- Page 1 of 2 CC Meeting 11105114 299 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the 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 Exhibits: A Mitigation Measures B Location Map By:CG\S:\GPAs\GPA 4th 2014\14-0222\Reso-Ord\RES ENV CC 14-0222.docx Page 2 of 2 CC Meeting 11105114 300 Exhibit A Mitigation Measures from Negative Declaration General Plan Amendment/Zone Change No. 14-0222 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 grading plan approval, the applicant/developer of the project site shall submit documentation to the Planning Division that they will/have met all air quality control measures and rules required by the San Joaquin Valley Air Pollution Control District. Biological Impact Mitigation Measures 2. Prior to the start of construction, a pre-construction clearance survey for burrowing owls, American badger, and San Joaquin kit fox shall be conducted by a qualified biologist within 5 days prior to ground disturbance activities. The survey should include the entire project site plus at least 100 foot buffer. The results of the survey should be summarized in a report that includes the methods, timing results and personnel involved, and photos should be included if appropriate. If any of these species are detected, the following additional measures are recommended: a. Burrowing Owl A no-disturbance buffer should be established around occupied burrows under the guidance of a qualified biologist with knowledge of the biology of the species. The buffer size should range from 150 feet to 650 feet depending on the time of year and level of construction activity. The qualified biologist should monitor the occupied burrow to ensure the no-disturbance buffer is maintained and observed, and to determine when the burrow is no longer occupied and the no-disturbance buffer can be removed. In the event that burrowing owls are present and resulting in delays to construction, burring owls can be evicted from burrows after development of an exclusion plan approved by the CDFW. b. American Badger If a suitable burrow is located, the qualified biologist should determine if it is occupied by a badger through non-invasive means such as a trail camera or tracking medium. Unoccupied burrows should be collapsed by hand with a shovel to prevent badgers from using them. If an occupied burrow is located on-site, and it is determined to potentially be a natal burrow, a 100-foot protective buffer should be established around the burrow until a qualified biologist determines that the burrow is no longer occupied. If it is a non-natal occupied burrow, the qualified biologist may discourage use by badgers by partially blocking burrow entrances with sticks, debris and soil. Once the burrow is no longer occupied, the burrow may be collapsed by hand. c. San Joaquin kit fox If an occupied San Joaquin kit fox den is detected during the survey effort, and the den is not a natal den (i.e., currently being used to rear pups), the den may be slowly excavated under the direction of a qualified biologist holding a valid scientific collecting permit to encourage the San Joaquin kit fox to leave the den and relocate on its own. If the den is a natal den, a no-disturbance buffer should be established under the guidance of a qualified biologist and in consultation with the CDFW. The no-disturbance buffer should be maintained until the qualified biologist has determined that the natal den is no longer occupied by kit foxes. Page 1 of 4 CC Meeting 11105114 301 EXHIBIT A Mitigation Measures GPA/ZC No. 14-0222 3. In addition, the following construction BMPs shall be implemented to minimize impacts to the San Joaquin kit fox: a. All project related vehicles shall observe a 20 mile-per-hour speed limit in all project areas. b. Where practical, construction activities shall be confined to daylight hours. c. All excavated, steep-walled holes or trenches more than two feet deep should be covered at the close of each work day or should be provided with an earthen or wooden escape ramp. Before such holes or trenches are filled, they shall be thoroughly inspected for San Joaquin kit fox or other animals. If a San Joaquin kit fox or other animal is found in a hole or trench, the animal shall be allowed to leave on its own without interference. d. All pipes, culverts or similar structures with a diameter of four inches or greater should be inspected for animals prior to burying, capping or moving. If a San Joaquin kit fox or other animal is found in any structure, the animal should be allowed to leave on its own without interference. The USFWS and CDFW may be consulted if the animal remains and is disrupting construction activities. e. All food-related trash shall be kept in closed containers and should be removed from the site at least once per week. f. No fire arms or pets are allowed on the project site. g. Use of rodenticides and herbicides in project areas shall be prohibited without consultation with the CDFW. h. An employment education program should be administered by a qualified biologist knowledgeable of San Joaquin kit fox biology prior to initiation of construction activities. i. A qualified biologist should be retained to periodically inspect the project site to ensure compliance with the above measures and to be available to answer questions that employees may have. j. If a sick, injured or dead San Joaquin kit fox is found on-site, all construction activities should cease and the CDFW shall be contacted immediately. The USFWS should be notified in writing within three days of the incident. 4. Protocol level blunt-nosed leopard lizard surveys shall be conducted for 12 days over the course of the 90-day adult optimal survey period (April 15 to July 15), with a maximum of 4 survey days per week and 8 days within any 30-day timer period. At least one survey session should be conducted for 4 consecutive days, weather permitting. In addition, 5 more survey days are required during the hatchling optimal survey period for a total of 17 survey days overall. If present, an avoidance and monitoring plan for blunt-nosed leopard lizard may need to be prepared and implemented, typically in close coordination with CDFW and USFWS staff as the plan will likely need to be approved by these agencies prior to implementation. For a project activity to be deemed as completely avoiding impacts to this species, a buffer up to 22 acres surrounding the location of a detected individual may be required as per maximum home range size. 5. To avoid take of nesting birds and raptors, vegetation removal and initial ground disturbance shall occur outside the nesting bird breeding season, which is approximately February 1 through August 31 . If construction must begin within the bird breeding season, Page 2 of 4 CC Meeting 11105114 302 EXHIBIT A Mitigation Measures GPA/ZC No. 14-0222 then no more than two weeks prior to initiation of ground disturbance and/or vegetation removal, a nesting bird and raptor preconstruction survey shall be conducted by a qualified biologist within the disturbance footprint plus a 300-foot buffer. If the project is phased, a subsequent pre-construction nesting bird and raptor survey shall be required prior to each phase of construction within the project site. If no nests are observed no further action is required. If nests are found, their locations shall be flagged and then mapped onto an aerial photograph of the project site at a scale no less than 1"=200' and/or recorded with the use of a GPS unit. An appropriate avoidance buffer (size of buffer depending upon the species and the proposed work activity) should be determined and demarcated by a qualified biologist. 6. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for species covered (Tipton kangaroo rat, San Joaquin kit fox, San Joaquin antelope squirrel, & Bakersfield cactus) under the Metropolitan Bakersfield incidental take permit, and comply with the mitigation measures of the permit as well as provisions of the Metropolitan Bakersfield Habitat Conservation Plan. Survey protocol shall be that recommended by the California Department of Fish and Wildlife. Developer shall be subject to the mitigation measures recommended by the consultant. A copy of the survey shall be provided to the Planning Department prior to ground disturbance. The current MBHCP incidental take permit expires on September 1, 2019. Projects may be issued an urban development permit, grading plan approval, or building permit and pay fees prior to the September expiration date under the current MBHCP. As determined by the City of Bakersfield, only projects ready to be issued an urban development permit, grading plan approval or building permit) before the expiration date will be eligible to pay fees under the current MBHCP. Early payment or pre-payment of MBHCP fees shall not be allowed. The ability of the City to issue urban development permits is governed by the terms of the MBHCP. Urban development permits issued after the expiration date may be subject to a new or revised Habitat Conservation Plan, if approved, or be required to comply directly with requests of the U.S. Fish and Wildlife Agency and the California Fish and Wildlife Department. Cultural Impact Mitigation Measures 7. If human remains are discovered during grading or construction activities, work shall cease pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are identified on the site at any time, work shall stop at the location of the find 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 California Public Resource Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. 8. Prior to ground-disturbance activities associated with this project, personnel associates with the grading effort shall be informed of the importance of the potential cultural and archaeological resources (i.e. archaeological sites, artifacts, features, burials, human remains, etc.) that may be encountered during site preparation activities, how to identify those resources in the field, and of the regulatory protections afforded to those resources. Page 3 of 4 CC Meeting 11105114 303 EXHIBIT A Mitigation Measures GPA/ZC No. 14-0222 This training shall be conducted by representatives from the Tejon Indian Tribe or qualified archaeologist. The personnel shall be informed of procedures relating to the discovery of archaeological remains during grading activities and cautioned to avoid archaeological finds with equipment and not collect artifacts. The applicant/developer of the project site shall submit documentation to the Planning Department that they have met this requirement prior to commencement of ground disturbance activities. This documentation should include information on the date(s) of training activities, the individual(s) that conducted the training, a description of the training, and a list of names of those who were trained. Should cultural remains be uncovered, the on-site supervisor shall immediately notify a qualified archaeologist and the Tejon Indian Tribe. The developer shall provide the Tejon Indian Tribe information on excavation depth of the construction of the site. CG:S:\GPAs\GPA 4th 2014\14-0222\Mitigation Measures.doc Page 4 of 4 CC Meeting 11105114 304 w � \ o HTONINIIOVI C9 ° U) CD E Z�Q ) C) _ � o N � U T U O U N O N N rr N c m O - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CO rr rr v O O z J LU CD G M _ _ 0 -- - - - - - - - - - - - - - - - - - - - - - - - - __________- _______________________ Z MU CC W W J Q [[ w �_ 2 N - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - — IS SA'd6N8f18f1tl— — x Qfl ----- ----- ---- ----------------------- - ----- --------------- J wZ as avolmva < ELDER CT J a01NI0d pNyld() \` CC J CE CE CE CC o J CC = L CE J w C7 J ° 1 TTLER CT z 0 J CE Q a J Z SllIH 11WWl1S � CE a ¢ J C\I J w 3`JpR1 MOpVHS J OD I 10 31lVS Vl w J Jo ¢11 0 rr [[ lO 83AVld a031b D,- w OHlaON J J ZJ w =e U UF P�RF PX R N a31�NelalNon J J ° O > ¢ :JO 3NIlONI z ° �iooS J CE AVM IV U F 0 10 M31A1SV3 CE Id � J N Al1O ti 1 AINno0 0- w 1 07�1 N� � c Y 0 ��7JJJJJ O CO U ° Q ! m � 21p 3`J0121-JL Z mU_ CC Meeting 11105114 305 RESOLUTION NO. RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED NORTH OF HIGHLAND KNOLLS DRIVE, EAST OF FAIRFAX ROAD (GPA/ZC NO. 14-0222). WHEREAS, Ken Koss for Ken Koss and Tony Evans, filed an application with the City of Bakersfield Community Development Department requesting an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from LR (Low Density Residential) to HR (High Density Residential) on 7.28 acres located generally north of Highland Knolls Drive, east of Fairfax Road (the "Project"); and WHEREAS, the City Council adopted a Negative Declaration with mitigation measures for the Project; and WHEREAS, the Planning Commission held a public hearing on September 18, 2014, and approved Resolution No. 51-14, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, October 22, 2014 at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider the approval of the amendment as required by Government Code Section 65355, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, Negative Declaration and the Planning Commission's deliberation, and action. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: 1. The Planning Commission's findings as contained in its Resolution No. 51-14 are hereby adopted. 2. The Project is subject to mitigation measures found within the adopted Negative Declaration for the Project. 3. The Project is hereby approved subject to the conditions of approval in Exhibit A and located on the map as shown in Exhibit B, both of which are incorporated herein. 4. The Project approved herein is hereby made part of the 4th amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for calendar year 2014 in accordance with Government Code Section 65358 (b). ---------000-------- Page 1 of 2 CC Meeting 11105114 306 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the 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 Exhibits: A Conditions of Approval B General Plan Amendment Map By:CG\S:\GPAs\GPA 4th 2014\14-0222\Reso-Ord\RES CC GPA 14-0222.docx Page 2 of 2 CC Meeting 11105114 307 Exhibit A Conditions of Approval General Plan Amendment/Zone Change No. 14-0222 Public Works 1. Along with the submittal of any development plan, prior to approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur (If a tentative subdivision map over the entire GPA/ZC area is submitted, than these conditions can be met with the map): a. This GPA/ZC area is within the Shalimar Drainage Area. The site is responsible for conveying upstream runoff through the GPA/ZC area. b. The additional runoff developed by the change from R-1 to R-3 shall be retained on site. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. c. Sewer service must be provided to the GPA/ZC area. The developer shall be responsible for the initial extension of the sewer line to serve the property. This sewer line must necessarily be sized to serve a much larger area that the project area. The City is willing to aid the developer in the formation of a Planned Sewer Area and/or an Assessment District to provide a mechanism for the reimbursement of oversizing costs to the developer. d. The project applicant shall provide the City of Bakersfield with a phasing plan of the onsite and required offsite roadway improvements to be reviewed and approved by the City Engineer. e. Developer is responsible for the construction of all infrastructure, both public and private, within the boundary of the GPA/ZC area. This includes the construction of any and all boundary streets to the centerline of the street, unless otherwise specified. The developer is also responsible for the construction of any off site infrastructure required to support this development, as identified in these conditions. The phasing of the construction all infrastructure will be addressed at the subdivision map stage. For orderly development. 2. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. If the parcel is already within a consolidated maintenance district, the owner shall update the maintenance district documents, including the Proposition 218 ballot and the Covenant. The ballot and covenant shall be signed and notarized. For orderly development. 3. Per Resolution 035-13, the area within the GPA/ZC shall implement and comply with the "complete streets" policy. For orderly development. 4. Access to the project area from Highland Knolls Drive Avenue is provided by a sub- standard road. With the development of the project area, approved, improved access to the site must be provided. The required improvements shall be 36 feet of paving meeting City design standards for a collector road, with 6' graded shoulders. If it becomes necessary to obtain any off site right of way and if the developer is unable to Page 1 of 2 CC Meeting 11105114 308 EXHIBIT A Conditions of Approval GPA/ZC No. 14-0222 obtain the required right of way, then he shall pay to the City the up-front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. For orderly development. 5. Highland Knolls Drive is not constructed to ultimate width. With this project, developer shall be responsible for a portion of the improvements required for Highland Knolls Drive for the frontage. The percentage of the improvements will be determined with the submittal of the first final map. For orderly development. 6. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. For orderly development. Plannina 7. In order to facilitate a more integrated design, prior to recordation of a final map for Phase 2 of Tentative Tract Map 6499 the developer shall submit a Substantial Conformance Review application consolidating the currently approved 20 lots into one lot. Substantial Conformance Review application is subject to Planning Director (conditional) approval. For orderly development. 8. Development on the site shall be limited to a maximum of 168 multi-family dwelling units of senior housing ages 55 and older. For orderly development. City Attorney 9. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners and boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in anyway arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for City's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. CG:S:\GPAs\GPA 4th 2014\14-0222\Conditions Ex A.docx Page 2 of 2 CC Meeting 11105114 309 w � \ o HTONINIIOVI C9 ° U) CD E Z�Q ) C) _ � o N � U T U O U N O N N rr N c m O - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CO rr rr v O O z J LU CD G M _ _ 0 -- - - - - - - - - - - - - - - - - - - - - - - - - __________- _______________________ Z MU CC W W J Q [[ w �_ 2 N - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - — IS SA'd6N8f18f1tl— — x Qfl ----- ----- ---- ----------------------- - ----- --------------- J wZ as avolmva < ELDER CT J a01NI0d pNyld() \` CC J CE CE CE CC o J CC = L CE J w C7 J ° 1 TTLER CT z 0 J CE Q a J Z SllIH 11WWl1S � CE a ¢ J C\I J w 3`JpR1 MOpVHS J OD I 10 31lVS Vl w J Jo ¢11 0 rr [[ lO 83AVld a031b D,- w OHlaON J J ZJ w =e U UF P�RF PX R N a31�NelalNon J J ° O > ¢ :JO 3NIlONI z ° �iooS J CE AVM IV U F 0 10 M31A1SV3 CE Id � J N Al1O ti 1 AINno0 0- w 1 07�1 N� � c Y 0 ��7JJJJJ O CO U ° Q ! m � 21p 3`J0121-JL Z mU_ CC Meeting 11105114 310 ORDINANCE NO. AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED NORTH OF HIGHLAND KNOLLS DRIVE, EAST OF FAIRFAX ROAD (GPA/ZC NO. 14-0222). WHEREAS, Ken Koss for Ken Koss and Tony Evans, filed an application with the City of Bakersfield Community Development Department requesting to change the zone district from R-1 (One Family Dwelling) to R-3/PUD (Multiple Family Dwelling/Planned Unit Development) on 7.28 acres located generally north of Highland Knolls Drive, east of Fairfax Road (the "Project"); and WHEREAS, the Planning Commission held a public hearing on September 18, 2014, and approved Resolution No. 52-14, which recommended that the City Council approve the Project; and WHEREAS, the City Council has adopted a Negative Declaration with mitigation measures for the Project; and WHEREAS, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report, Negative Declaration and the Planning Commission's deliberation, and action; and WHEREAS, the Project is consistent with the Metropolitan Bakersfield General Plan. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Bakersfield City Council as follows: 1. The Planning Commission's findings as contained in its Resolution No. 52-14 are hereby adopted. 2. The Project is subject to mitigation measures found within the adopted Negative Declaration for the Project. 3. The Project is hereby approved incorporating the change into the official zoning map as described in Bakersfield Municipal Code Section 17.06.020 located on the map as shown in Exhibit A and as specifically described in Exhibit B, all of which are incorporated herein. SECTION 2. This ordinance must be posted in accordance with the Bakersfield Municipal Code and will become effective not less than 30 days from and after the date of its passage. ---------000--------- Page 1 of 2 CC Meeting 11105114 311 HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the 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 Exhibits: A Zone Change Map B Legal Description By:CG\S:\GPAs\GPA 4th 2014\14-0222\Reso-Ord\RES CC ZC 14-0222.docx Page 2 of 2 CC Meeting 11105114 312 w b4 ONINbOW NO FAIINNO181 � � •- o E Z C�2 °o CY) z 0 LL cl ~ E. N = ° c o U N 0 a 0 [\ N ✓J U 0 a) U) N ° U O U U a N N U U N U) U N Z � O af m Q - -- - -- - - - - - - - - -37- - - - - - - — ________ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - NCO N M � U p 0 � 0 Q .• OHM 2 CD _____ ___ _ _ ___ __ — — —_ — —_ — —_ — —_ -- — — — - - r M� W W (D U (h M a � N Z w 2 _ _ _ _ - - _ - - _ - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - `x' N IS SSItlQ N811911tl— — 2 � r N I w a0 aVOIAlV9 ELDER a0 1NIOd ONVIdn w o N Z d N W II � o � O oll o LITTLER CT z J YI w as � � � It It N N w S771H11WwnS w 3oala MOOVHS¢ J < O 10 3l1VS VI a w o > n a N �' to 83AVld ao 31b 0 H1NON N I I U � I > U RO g It ° 21310Nb781NO1N It d It It v w z a0 3NI10NI z °z N w O < It It II AVM S10OS > < s IVAOa U It II II U F 10 M31A1SV3 IQS O ld NV1aV1 d I I a N _ A110 ml lIVa1133MS A1Nnoo � N M K � Q�I r N �' 10 N3lOVaa31S •� y O °O mU 3 II m W a °a It ¢ ; do OGI211NI1d z m I. CC Meeting 11105114 313 EXHIBIT B LEGAL DESCRIPTION BEING THE NORTH HALF OF THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 29 SOUTH,RANGE 28 EAST,MOUNT DIABLO MERIDIAN,IN THE CITY OF BAKERSFIELD, COUNTY OF KERN,STATE OF CALIFORNIA,AS PER THE OFFICIAL PLAT THEREOF ON FILE IN THE OFFICE OF THE SURVEYOR GENERAL,OF THE FOLLOWING DESCRIBED PROPERTY; BEGINNING AT THE CENTER OF SECTION 24,TOWNSHIP 29 SOUTH,RANGE 28 EAST,MOUNT DIABLO MERIDIAN,COUNTY OF KERN,THENCE(1)SOUTH,SV26'44"WEST ON AND ALONG THE EAST-WEST MID-SECTION LINE OF SAID SECTION 24,A DISTANCE OF 433.92 FEET;THENCE(2)NORTH 00'02'40" WEST,2034.56 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 6-KER-178 AS SHOWN ON MAP FILED IN THE OFFICE OF THE COUNTY SURVEYOR; THENCE(3)SOUTH 88`57'04"EAST ON AND ALONG SAID RIGHT-OF-WAY LINE,433.82 FEET TO A POINT ON THE NORTH-SOUTH MID-SECTION LINE OF SAID SECTION 24; THENCE(4)SOUTH 00°02'5T'EAST ON AND ALONG SAID MID-SECTION LINE,A DISTANCE OF 2022.42 FEET TO THE POINT OF BEGINNING. THIS DESCRIPTION IS BASED UPON RECORD OF SURVEY FILE IN RECORD OF SURVEY BOOK12,PAGE 30,IN THE OFFICE OF THE COUNTY RECORDER. EXCEPTING THEREFROM AS TO THAT PORTION OF THE LAND LYING WITHIN THE SOUTH HALF OF THE NORTHWEST 114 OF SAID SECTION 24,AND UNDIVIDED 112 INTEREST OF ALL OIL,GAS, ASPHALTUM,MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND AS CONVEYED TO J.K.LILLY IN DEED DATED NOVERMBER 13,1929,RECORDED DECEMBER 13,1934 IN BOOK 552,PAGE 64 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF THE NORTHWEST QUARTER OF SAID SECTION 24, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 24; THENCE N00'25'30"E,ON AND ALONG THE EAST LINE OF SAID NORTHWEST QUARTER,A DISTANCE OF 1745.34 FEET,TO THE TRUE POINT OF BEGINNING; THENCE(1)S89-47-27-W,A DISTANCE OF 433.77 FEET,TO THE WEST LINE OF A PARCEL OF LAND SHOWN IN SAID RECORD OF SURVEY RECORDED JAN.24,1978; THENCE(2)N00'25-47-E A DISTANCE OF 290.35 FEET,TO A POINT ON THE SOUTH LINE OF THE PARCEL OF LAND GRANTED TO THE STATE OF CALIFORNIA IN DEED RECORDED DECEMBER 30,1968 IN BOOK 4229,PAGE 574,OFFICIAL RECORDS; THENCE(3)S88-26-26"E,ON AND ALONG SAID SOUTH LINE,A DISTANCE OF 433.80 FEET,TO A POINT ON SAID EAST LINE; THENCE(4)S00-25'30-W A DISTANCE OF 276.96 FEET,ON AND ALONG SAID EAST LINE TO THE TRUE POINT OF BEGINNING. "ALL DISTANCES IN EXCEPTION ARE GRID DISTANCES,DIVIDE BY 0.99995386 TO CONVERT TO GROUND DISTANCES. SUR DERRILL G. 0 Derrill G.Whl`twWjr.,P.L.S.7816 WRITTEN JR. NO. 7816 ac OF(; CC Meeting 11105114 314 aEAxE� PLANNING COMMISSION MINUTES C1 O Meeting of September 18, 2014 - 5:30 p.m. Council Chambers, City Hall, 1501 Truxtun Avenue ACTION TAKEN 1. ROLL CALL Present: Chair Dodgin, Vice-Chair Lomas, Wade, Williams, Absent: Commissioner Schwartz, Tkac (NOTE: Commissioner Strong arrived at 5:34) 2. PLEDGE OF ALLEGIANCE 3. PUBLIC STATEMENTS None 4. CONSENT CALENDAR NON-PUBLIC HEARING a. Approval of minutes for the regular Planning Commission meeting of September 4, 2014. APPROVED Motion by Commissioner Williams, seconded by Commissioner ABSENT Lomas to approve the minutes of September 4, 2014. SCHWARTZ, TKAC 5. CONSENT CALENDAR PUBLIC HEARINGS a. General Plan Amendment/Zone Change 14-0222 RES NO. 50-14 b Zo han e 14-0229 RE ED Public hearing ope genda Item 5.b. was removed. e McArthur spoke in oppo of staff's recomm tion to deny the project. No one spoke ' avor. rebuttal period was needed. Public hearing closed. APPROVED 5.a. ONLY Commissioner Williams coned, seconded by Comm ner Wade to approv genda Items 5.a. as recommended an ABSENT incorpora memo with the change of condition/mitigation ARTZ me e. TKA CC Meeting 11105114 315 RESOLUTION NO. 50-14 RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION FOR AN AMENDMENT TO THE LAND USE MAP AND ZONE CHANGE LOCATED NORTH OF HIGHLAND KNOLLS DRIVE, EAST OF FAIRFAX ROAD, (GPA/ZC NO. 14- 0222). WHEREAS, Ken Koss for Ken Koss and Tony Evans, filed an application with the City of Bakersfield Community Development Department requesting an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from LR (Low Density Residential) to HR (High Density Residential) and an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from R-1 (One Family Dwelling) to R-4/PUD (High Density Multiple Family Dwelling/Planned Unit Development) on 7.28 acres located north of Highland Knolls Drive, east of Fairfax Road (the "Project"); and WHEREAS, an initial study was conducted and it was determined that the Project would not have a significant effect on the environment; therefore, a Negative Declaration with mitigation measures was prepared in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the Secretary of the Planning Commission set Thursday, September 18, 2014 at 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the Planning Commission to consider the proposed Negative Declaration and Project as required by Government Code Section 65353, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, the laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been duly followed by city staff and the Planning Commission; and WHEREAS, the City of Bakersfield Community Development Department (1715 Chester Avenue, Bakersfield, California) is the custodian of all documents and other materials upon which the environmental determination is based; and WHEREAS, the facts presented in the staff report, initial study, and special studies, and evidence received both in writing and by verbal testimony at the above referenced public hearing support the following findings: 1. All required public notices have been given. Hearing notices regarding the Project were mailed to property owners within 300 feet of the Project area and published in the Bakersfield Californian, a local newspaper of general circulation, 20 days prior to the hearing. Page 1 of 3 CC Meeting 11105114 316 2. The provisions of CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been followed. Staff determined that the proposal is a project under CEQA and an initial study was completed. A Negative Declaration was prepared and properly noticed for public review. 3. A Negative Declaration for the Project is the appropriate environmental document to accompany its approval. In accordance with CEQA, staff prepared an initial study and indicated that because mitigation measures relating to those impacts identified in the initial study have been incorporated into the Project, the Project will not significantly impact the physical environment. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield Planning Commission as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The Negative Declaration is hereby recommended for adoption by the City Council. 3. The project is subject to mitigation measures found in Exhibit A for the Project located on the map as shown in Exhibit B, both of which are incorporated herein. Page 2 of 3 CC Meeting 11105114 317 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting thereof held on September 18, 2014, on a motion by Commissioner Williams and seconded by Commissioner Wade, by the following vote: AYES: Commissioner Dodgin, Lomas, Strong, Wade, Williams NOES: None ABSENT: Commissioner Schwartz, Tkac APPROVED DUSTIN S. DODGIN, IR City of Bakersfield Planning Commission Exhibits (attached): Exhibit A: Mitigation Measures Exhibit B: Location Map By.CG\S:\GPAs\GPA 4th 2014\14-0222\RES PC ENV 14-0222.docx Page 3 of 3 CC Meeting 11105114 318 Exhibit A Mitigation Measures CC Meeting 11105114 319 Exhibit A Mitigation Measures from Negative Declaration General Plan Amendment/Zone Change No. 14-0222 Air Quality and Green House Gas Mitiaation 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 grading plan approval, the applicant/developer of the project site shall submit documentation to the Planning Division that they will/have met all air quality control measures and rules required by the San Joaquin Valley Air Pollution Control District. Biological Impact Mitigation Measures 2. Prior to the start of construction, a pre-construction clearance survey for burrowing owls, American badger, and San Joaquin kit fox shall be conducted by a qualified biologist within 5 days prior to ground disturbance activities. The survey should include the entire project site plus at least 100 foot buffer. The results of the survey should be summarized in a report that includes the methods, timing results and personnel involved, and photos should be included if appropriate. If any of these species are detected, the following additional measures are recommended: a. Burrowina Owl A no-disturbance buffer should be established around occupied burrows under the guidance of a qualified biologist with knowledge of the biology of the species. The buffer size should range from 150 feet to 650 feet depending on the time of year and level of construction activity. The qualified biologist should monitor the occupied burrow to ensure the no-disturbance buffer is maintained and observed, and to determine when the burrow is no longer occupied and the no-disturbance buffer can be removed. In the event that burrowing owls are present and resulting in delays to construction, burring owls can be evicted from burrows after development of an exclusion plan approved by the CDFW. b. American Badger If a suitable burrow is located, the qualified biologist should determine if it is occupied by a badger through non-invasive means such as a trail camera or tracking medium. Unoccupied burrows should be collapsed by hand with a shovel to prevent badgers from using them. If an occupied burrow is located on-site, and it is determined to potentially be a natal burrow, a 100-foot protective buffer should be established around the burrow until a qualified biologist determines that the burrow is no longer occupied. If it is a non-natal occupied burrow, the qualified biologist may discourage use by badgers by partially blocking burrow entrances with sticks, debris and soil. Once the burrow is no longer occupied, the burrow may be collapsed by hand. c. San Joaquin kit fox If an occupied San Joaquin kit fox den is detected during the survey effort, and the den is not a natal den (i.e., currently being used to rear pups), the den may be slowly excavated under the direction of a qualified biologist holding a valid scientific collecting permit to encourage the San Joaquin kit fox to leave the den and relocate on its own. If the den is a natal den, a no-disturbance buffer should be established under the guidance of a qualified biologist and in consultation with the CDFW. The no-disturbance buffer should be maintained until the qualified biologist has determined that the natal den is no longer occupied by kit foxes. Page 1 of 4 CC Meeting 11105114 320 EXHIBIT A Mitigation Measures GPA/ZC No. 14-0222 3. In addition, the following construction BMPs shall be implemented to minimize impacts to the San Joaquin kit fox: a. All project related vehicles shall observe a 20 mile-per-hour speed limit in all project areas. b. Where practical, construction activities shall be confined to daylight hours. c. All excavated, steep-walled holes or trenches more than two feet deep should be covered at the close of each work day or should be provided with an earthen or wooden escape ramp. Before such holes or trenches are filled, they shall be thoroughly inspected for San Joaquin kit fox or other animals. If a San Joaquin kit fox or other animal is found in a hole or trench, the animal shall be allowed to leave on its own without interference. d. All pipes, culverts or similar structures with a diameter of four inches or greater should be inspected for animals prior to burying, capping or moving. If a San Joaquin kit fox or other animal is found in any structure, the animal should be allowed to leave on its own without interference. The USFWS and CDFW may be consulted if the animal remains and is disrupting construction activities. e. All food-related trash shall be kept in closed containers and should be removed from the site at least once per week. f. No fire arms or pets are allowed on the project site. g. Use of rodenticides and herbicides in project areas shall be prohibited without consultation with the CDFW. h. An employment education program should be administered by a qualified biologist knowledgeable of San Joaquin kit fox biology prior to initiation of construction activities. i. A qualified biologist should be retained to periodically inspect the project site to ensure compliance with the above measures and to be available to answer questions that employees may have. j. If a sick, injured or dead San Joaquin kit fox is found on-site, all construction activities should cease and the CDFW shall be contacted immediately. The USFWS should be notified in writing within three days of the incident. 4. Protocol level blunt-nosed leopard lizard surveys shall be conducted for 12 days over the course of the 90-day adult optimal survey period (April 15 to July 15), with a maximum of 4 survey days per week and 8 days within any 30-day timer period. At least one survey session should be conducted for 4 consecutive days, weather permitting. In addition, 5 more survey days are required during the hatchling optimal survey period for a total of 17 survey days overall. If present, an avoidance and monitoring plan for blunt-nosed leopard lizard may need to be prepared and implemented, typically in close coordination with CDFW and USFWS staff as the plan will likely need to be approved by these agencies prior to implementation. For a project activity to be deemed as completely avoiding impacts to this species, a buffer up to 22 acres surrounding the location of a detected individual may be required as per maximum home range size. 5. To avoid take of nesting birds and raptors, vegetation removal and initial ground disturbance shall occur outside the nesting bird breeding season, which is approximately February 1 through August 31. If construction must begin within the bird breeding season, Page 2 of 4 CC Meeting 11105114 321 EXHIBIT A Mitigation Measures GPA/ZC No. 14-0222 then no more than two weeks prior to initiation of ground disturbance and/or vegetation removal, a nesting bird and raptor preconstruction survey shall be conducted by a qualified biologist within the disturbance footprint plus a 300-foot buffer. If the project is phased, a subsequent pre-construction nesting bird and raptor survey shall be required prior to each phase of construction within the project site. If no nests are observed no further action is required. If nests are found, their locations shall be flagged and then mapped onto an aerial photograph of the project site at a scale no less than 1"=200' and/or recorded with the use of a GPS unit. An appropriate avoidance buffer (size of buffer depending upon the species and the proposed work activity) should be determined and demarcated by a qualified biologist. 6. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for species covered (Tipton kangaroo rat, San Joaquin kit fox, San Joaquin antelope squirrel, & Bakersfield cactus) under the Metropolitan Bakersfield incidental take permit, and comply with the mitigation measures of the permit as well as provisions of the Metropolitan Bakersfield Habitat Conservation Plan. Survey protocol shall be that recommended by the California Department of Fish and Wildlife. Developer shall be subject to the mitigation measures recommended by the consultant. A copy of the survey shall be provided to the Planning Department prior to ground disturbance. The current MBHCP incidental take permit expires on September 1, 2019. Projects may be issued an urban development permit, grading plan approval, or building permit and pay fees prior to the September expiration date under the current MBHCP. As determined by the City of Bakersfield, only projects ready to be issued an urban development permit, grading plan approval or building permit) before the expiration date will be eligible to pay fees under the current MBHCP. Early payment or pre-payment of MBHCP fees shall not be allowed. The ability of the City to issue urban development permits is governed by the terms of the MBHCP. Urban development permits issued after the expiration date may be subject to a new or revised Habitat Conservation Plan, if approved, or be required to comply directly with requests of the U.S. Fish and Wildlife Agency and the California Fish and Wildlife Department. Cultural Impact Mitigation Measures 7. If human remains are discovered during grading or construction activities, work shall cease pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are identified on the site at any time, work shall stop at the location of the find 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 California Public Resource Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. 8. Prior to ground-disturbance activities associated with this project, personnel associates with the grading effort shall be informed of the importance of the potential cultural and archaeological resources (i.e. archaeological sites, artifacts, features, burials, human remains, etc.) that may be encountered during site preparation activities, how to identify those resources in the field, and of the regulatory protections afforded to those resources. Page 3 of 4 CC Meeting 11105114 322 EXHIBIT A Mitigation Measures GPA/ZC No. 14-0222 This training shall be conducted by representatives from the Tejon Indian Tribe or qualified archaeologist. The personnel shall be informed of procedures relating to the discovery of archaeological remains during grading activities and cautioned to avoid archaeological finds with equipment and not collect artifacts. The applicant/developer of the project site shall submit documentation to the Planning Department that they have met this requirement prior to commencement of ground disturbance activities. This documentation should include information on the date(s) of training activities, the individual(s) that conducted the training, a description of the training, and a list of names of those who were trained. Should cultural remains be uncovered, the on-site supervisor shall immediately notify a qualified archaeologist and the Tejon Indian Tribe. The developer shall provide the Tejon Indian Tribe information on excavation depth of the construction of the site. CG:S:\GPAs\GPA 4th 2014\14-0222\Mitigation Measures.doc Page 4 of 4 CC Meeting 11105114 323 Exhibit B Location Map CC Meeting 11105114 324 w Q Q ` o t-- 80 JNINHOW CO Ix g IAJ�OI�L N R Z--!!!FQw F N CD U U U O C7 J N N N Z N m O Q d� - - - - - - _ _ _ _ _ _ _ _ _ _ __ _ __ _ _ __ _ __ __ __ _ ITT— CID cr v O z U ° O 2 J uj __ J f = —— ---------- -- -- z W -' J _cc- -iss>IwNensnr- - — — — — ——— —— — cr cc I� ¢ z II II �DERGl Q as avaNlVB iI asiNiod°^mdn i ° ¢ ft am ¢ S ¢ J a I S of cr J I aye s ¢ J c I snwllwlrns ¢ ¢ 3•,�a MomG C`1 �a I J I 10 311YS V1 ¢ 10 a3AVld ¢ ao 31va I ¢ e1apN It ui g z I J W I ~a U C7 ? �+ns1Aq,1 ¢ J G C II J 3 G yl z Y I I < as 3MIDNI ; ¢ ¢ 9 J II U Q ' i AVM Sion I I U a U I C7 1DM3MLSV3 Q I ld WIWI ¢ I ¢ J r up N p I 1Ma1'o I ¢Cc C\l CC 44I J J c3I ION a31S a' U•��» m p C� Ic ¢ ; U as 3oQaldSti m°-- CC Meeting 11105114 325 RESOLUTION NO. 51-14 RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED NORTH OF HIGHLAND KNOLLS DRIVE, EAST OF FAIRFAX ROAD, (GPA/ZC NO. 14-0222). WHEREAS, Ken Koss for Ken Koss and Tony Evans, filed an application with the City of Bakersfield Community Development Department requesting an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from LR (Low Density Residential) to HR (High Density Residential) on 7.28 acres located north of Highland Knolls Drive, east of Fairfax Road (the"Project"); and WHEREAS, the applicant and/or property owner has indicated the purpose of the Project is for residential multi-family planned unit development with 168 senior housing units; and WHEREAS, adoption of a Negative Declaration with mitigation measures for the Project has been recommended; and WHEREAS, the Secretary of the Planning Commission set Thursday, September 18, 2014 at 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the Planning Commission to consider the proposed Negative Declaration and Project as required by Government Code Section 65353, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, at the public hearing no testimony was received either in support or opposition of the Project; and WHEREAS, the facts presented in the staff report, initial study, and special studies, and evidence received both in writing and by verbal testimony at the above referenced public hearing support the following findings: 1. All required public notices have been given. Hearing notices regarding the proposed Project were mailed to property owners within 300 feet of the Project area and published in the Bakersfield Californian, a local newspaper of general circulation, 20 days prior to the hearing. 2. The provisions of CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been followed. Staff determined that the proposal is a project under CEQA and an initial study was completed. 3. The public necessity, general welfare, and good planning practices justify the Project. Page 1 of 2 CC Meeting 11105114 326 4. The Project is compatible with the land use designations and development of surrounding properties and is internally consistent with the Metropolitan Bakersfield General Plan. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield Planning Commission as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The Project is hereby recommended for approval by the City Council subject to the conditions of approval in Exhibit A and located on the map as shown in Exhibit B, both of which are incorporated herein. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting thereof held on September 18, 2014, on a motion by Commissioner Williams and seconded by Commissioner Wade, by the following vote. AYES: Commissioner Dodgin, Lomas, Strong, Wade, Williams NOES: None ABSENT: Commissioner Schwartz, Tkac APPROVED DUSTIN S. DODGIN, CHAT City of Bakersfield Planning o�mission Exhibits (attached): Exhibit A: Conditions of Approval Exhibit B: Location Map By:CG\S:\GPAs\GPA 4th 2014\14-0222\RES PC GPA 14-0222.docx Page 2 of 2 CC Meeting 11105114 327 Exhibit A Conditions of Approval CC Meeting 11105114 328 Exhibit A Conditions of Approval General Plan Amendment/Zone Change No. 14-0222 Public Works 1. Along with the submittal of any development plan, prior to approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur (If a tentative subdivision map over the entire GPA/ZC area is submitted, than these conditions can be met with the map): a. This GPA/ZC area is within the Shalimar Drainage Area. The site is responsible for conveying upstream runoff through the GPA/ZC area. b. The additional runoff developed by the change from R-1 to R-3 shall be retained on site. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. c. Sewer service must be provided to the GPA/ZC area. The developer shall be responsible for the initial extension of the sewer line to serve the property. This sewer line must necessarily be sized to serve a much larger area that the project area. The City is willing to aid the developer in the formation of a Planned Sewer Area and/or an Assessment District to provide a mechanism for the reimbursement of oversizing costs to the developer. d. The project applicant shall provide the City of Bakersfield with a phasing plan of the onsite and required offsite roadway improvements to be reviewed and approved by the City Engineer. e. Developer is responsible for the construction of all infrastructure, both public and private, within the boundary of the GPA/ZC area. This includes the construction of any and all boundary streets to the centerline of the street, unless otherwise specified. The developer is also responsible for the construction of any off site infrastructure required to support this development, as identified in these conditions. The phasing of the construction all infrastructure will be addressed at the subdivision map stage. For orderly development. 2. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. If the parcel is already within a consolidated maintenance district, the owner shall update the maintenance district documents, including the Proposition 218 ballot and the Covenant. The ballot and covenant shall be signed and notarized. For orderly development. 3. Per Resolution 035-13, the area within the GPA/ZC shall implement and comply with the "complete streets" policy. For orderly development. 4. Access to the project area from Highland Knolls Drive Avenue is provided by a sub- standard road. With the development of the project area, approved, improved access to the site must be provided. The required improvements shall be 36 feet of paving meeting City design standards for a collector road, with 6' graded shoulders. If it becomes necessary to obtain any off site right of way and if the developer is unable to Page 1 of 2 CC Meeting 11105114 329 EXHIBIT A Conditions of Approval GPA/ZC No. 14-0222 obtain the required right of way, then he shall pay to the City the up-front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. For orderly development. 5. Highland Knolls Drive is not constructed to ultimate width. With this project, developer shall be responsible for a portion of the improvements required for Highland Knolls Drive for the frontage. The percentage of the improvements will be determined with the submittal of the first final map. For orderly development. 6. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. For orderly development. Planning 7. In order to facilitate a more integrated design, prior to recordation of a final map for Phase 2 of Tentative Tract Map 6499 the developer shall submit a Substantial Conformance Review application consolidating the currently approved 20 lots into one lot. Substantial Conformance Review application is subject to Planning Director (conditional) approval. For orderly development. 8. Development on the site shall be limited to a maximum of 168 multi-family dwelling units of senior housing ages 55 and older. For orderly development. City Attorney 9. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners and boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for City's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. CG:S:\GPAs\GPA 4th 2014\1 4-0222\Conditions Ex A.docx Page 2 of 2 CC Meeting 11105114 330 Exhibit B General Plan Amendment Map CC Meeting 11105114 331 w Ir o r- c%J co as E)NINHOVY+.- Z �aQ C) (D 0 g2 C5 OD CD cl) 0 O Z N 0 - - - - -- --- - - -- - - T =_ -___ -_--- -L 7. co O Z cr cc ir x C) 0 WAfW••l X 19 mo Ir 0 -- - - --- ---- -- --- - -- - -- --- - - -- --- - -- - - ---- ----- ---- ---- ----- -- Z . w cc --- -- -- -- ----*--- --- - - - - - ----- ------ - - - ----- - --- ---- - --- -- -- - ----- -- ------ cc Z i ir IIOHV31AIW 13C Hal ELDER Cl -j cc cc a: —j cc cr cr CL I 2 T CT cr cc S771Humns Moo" rr z 13 311v cc cc j:1V3AYW cc VQaL%-j 2 w cc -1 cr Z WU cc cr Q SW OWN 0 ir c= VO WON] cc cc Q =1 S2 Aym ILLOOS I C7 13 M31AL cc ldmvmvi cc It u -i _j r 04 A.W IM133MS I I,—' (j) Lai IL cr �2 04 cr) .0 N¢ Ui !n lol LL DN31 Is IN O cc a 3901HUChl -j CC Meeting 11105114 332 RESOLUTION NO. 52-14 RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED NORTH OF HIGHLAND KNOLLS DRIVE, EAST OF FAIRFAX ROAD, (GPA/ZC NO. 14-0222). WHEREAS, Ken Koss for Ken Koss and Tony Evans, filed an application with the City of Bakersfield Community Development Department requesting to change the zone district from R-1 (One Family Dwelling) to R-4/PUD (High Density Multiple Family Dwelling/Planned Unit Development) on 7.28 acre located north of Highland Knolls Drive, east of Fairfax Road; and WHEREAS, the City of Bakersfield Community Development Department is requesting to change the zone district from R-1 (One Family Dwelling) to R-3/PUD (Multiple Family Dwelling/Planned Unit Development) on 7.28 acre located north of Highland Knolls Drive, east of Fairfax Road (the "Project"); and WHEREAS, the applicant and/or property owner has indicated the purpose of the Project is for residential multi-family planned unit development with 168 senior housing units; and WHEREAS, adoption of a Negative Declaration with mitigation measures for the Project has been recommended; and WHEREAS, the Secretary of the Planning Commission set Thursday, September 18, 2014 at 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the Planning Commission to consider the proposed Negative Declaration and change to the zone district, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, at the public hearing no testimony was received either in support or opposition of the Project; and WHEREAS, the facts presented in the staff report, initial study, and special studies, and evidence received both in writing and by verbal testimony at the above referenced public hearing support the following findings: 1. All required public notices have been given. Hearing notices regarding the Project were mailed to property owners within 300 feet of the Project area and published in the Bakersfield Californian, a local newspaper of general circulation, 20 days prior to the hearing. 2. The provisions of CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been followed. Staff Page 1 of 2 CC Meeting 11105114 333 determined that the proposal is a project under CEQA and an initial study was completed. 3. Public necessity, general welfare, and good planning practices justify the Project. 4. The Project is compatible with the zone districts and development of surrounding properties, and is consistent with the Metropolitan Bakersfield General Plan. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield Planning Commission as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The Project is hereby recommended for approval by the City Council subject to the mitigation measures in the Negative Declaration, and incorporating the change into the official zoning map as described in Bakersfield Municipal Code Section 17.06.020 located on the map as shown in Exhibit A and as specifically described in Exhibit B, all of which are incorporated herein. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting thereof held on September 18, 2014, on a motion by Commissioner Williams and seconded by Commissioner Wade, by the following vote. AYES: Commissioner Dodgin, Lomas, Strong, Wade, Williams NOES: None ABSENT: Commissioner Schwartz, Tkac APPROVED DUSTI q S. ODG , C City of Bakersfield Planning Commission Exhibits(attached): Exhibit A: Location Map Exhibit B: Legal Description By:CG\S:\GPAs\GPA 4th 2014\14-0222\RES PC ZC 14-0222.docx Page 2 of 2 CC Meeting 11105114 334 Exhibit A Zone Change Location Map CC Meeting 11105114 335 \ W O w NO JNINNOW � � ol v) ° H s ?� cn N = U N ci co a v N 0 n: N N U U N cn U N Z 2 w z =_--__--_--_ - __--_ --__ --� ON - a N C o !— N ° ° r Q p Boa 0 � Z .. 1- , s CD W W - - - - - - -- - - - ====-===-=====- ------------- --------=============== Z � � � N I99MVITNUMV-- - - --- - -- - - -- O U Q II- - -- - — _ -- -- - - - -- ---- -- ---- -- - -- -- - -- --- --- - ------ --- fl 'I WI I Na NVOIAIVS No 10d aNVldn ELDER o: I lV WI L I N = N W c LL z d do cr' r y I o LrrLERCT o: O N sniNlrwwns 30a1N MoarNP io 3nVS V1 10 N3AVld No 31VD MLNgN N � � U I a I epl aNnalA�on J ' G y Na 3NIlaNI S N o: 3:II o II a SS lVAON I ' IO M3ULLSV3 II Id NV1NVl I I N A.U0 Ir l 3MS N M 32 o f 04 } 2` c 7Ga I 10 N31S Y G U .l' ,(t Y 8 m V " W Na 301WIW g�- CC Meeting 11105114 336 Exhibit B Zone Change Legal Description CC Meeting 11105114 337 EXHIBIT A LEGAL DESCRIPTION BEING THE NORTH HALF OF THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 29 SOUTH,RANGE 28 EAST,MOUNT DIABLO MERIDIAN,IN THE CITY OF BAKERSFIELD, COUNTY OF KERN,STATE OF CALIFORNIA,AS PER THE OFFICIAL PLAT THEREOF ON FILE IN THE OFFICE OF THE SURVEYOR GENERAL,OF THE FOLLOWING DESCRIBED PROPERTY; BEGINNING AT THE CENTER OF SECTION 24,TOWNSHIP 29 SOUTH,RANGE 28 EAST,MOUNT DIABLO MERIDIAN,COUNTY OF KERN,THENCE(1)SOUTH,89'26'44°WEST ON AND ALONG THE EAST-WEST MID-SECTION LINE OF SAID SECTION 24,A DISTANCE OF 433.92 FEET;THENCE(2)NORTH 00'02'40° WEST,2034.56 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 6-KER-178 AS SHOWN ON MAP FILED IN THE OFFICE OF THE COUNTY SURVEYOR; THENCE(3)SOUTH 88'5T04"EAST ON AND ALONG SAID RIGHT-OF-WAY LINE,433.82 FEET TO A POINT ON THE NORTH-SOUTH MID-SECTION LINE OF SAID SECTION 24; THENCE(4)SOUTH 00'02'57"EAST ON AND ALONG SAID MID-SECTION LINE,A DISTANCE OF 2022.42 FEET TO THE POINT OF BEGINNING. THIS DESCRIPTION IS BASED UPON RECORD OF SURVEY FILE IN RECORD OF SURVEY BOOK12,PAGE 30,IN THE OFFICE OF THE COUNTY RECORDER. EXCEPTING THEREFROM AS TO THAT PORTION OF THE LAND LYING WITHIN THE SOUTH HALF OF THE NORTHWEST 1/4 OF SAID SECTION 24,AND UNDIVIDED 1/2 INTEREST OF ALL OIL,GAS, ASPHALTUM,MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND AS CONVEYED TO J.K.LILLY IN DEED DATED NOVERMBER 13,1929,RECORDED DECEMBER 13,1934 IN BOOK 552,PAGE 64 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF THE NORTHWEST QUARTER OF SAID SECTION 24, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 24; THENCE N00'25'30'E,ON AND ALONG THE EAST LINE OF SAID NORTHWEST QUARTER,A DISTANCE OF 1745.34 FEET,TO THE TRUE POINT OF BEGINNING; THENCE(1)S89'47'27'W,A DISTANCE OF 433.77 FEET,TO THE WEST LINE OF A PARCEL OF LAND SHOWN IN SAID RECORD OF SURVEY RECORDED JAN.24,1978; THENCE(2)N00'25-47-E A DISTANCE OF 290.35 FEET,TO A POINT ON THE SOUTH LINE OF THE PARCEL OF LAND GRANTED TO THE STATE OF CALIFORNIA IN DEED RECORDED DECEMBER 30,1968 IN BOOK 4229,PAGE 574,OFFICIAL RECORDS; THENCE(3)S88-26'26'E,ON AND ALONG SAID SOUTH LINE,A DISTANCE OF 433.80 FEET,TO A POINT ON SAID EAST LINE; THENCE(4)S00'25-30-W A DISTANCE OF 276.96 FEET,ON AND ALONG SAID EAST LINE TO THE TRUE POINT OF BEGINNING. *"ALL DISTANCES IN EXCEPTION ARE GRID DISTANCES,DIVIDE BY 0.99995386 TO CONVERT TO GROUND DISTANCES. 5�,0`AND V DERRILL G. 0 DerriU G.Whi Jr.,P.L.S.7816 -' WHITTEN JR. N NO. 7816 OF CC Meeting 11105114 338 BAKES, NEGATIVE DECLARATION U �t0 q�IF0 l www bakersfteldcity.as The City of Bakersfield Community Development Department has completed an initial study (attached) of the possible environmental effects of the following-described project and has determined that a Negative Declaration is appropriate. It has been found that the proposed project, as described and proposed to be mitigated (if required), will not have a significant effect on the environment. This determination has been made according to the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City of Bakersfield's CEQA Implementation Procedures. PROJECT NO. (or Title): General Plan Amendment/Zone Change No. 14-0222 COMMENT PERIOD BEGINS: August 26, 2014 COMMENT PERIOD ENDS: September 15, 2014 MITIGATION MEASURES (included in the proposed project to avoid potentially significant effects, if required): 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 grading plan approval, the applicant/developer of the project site shall submit documentation to the Planning Division that they will/have met all air quality control measures and rules required by the San Joaquin Valley Air Pollution Control District. Biological Impact Mitigation Measures 2. Prior to the start of construction, pre-construction clearance survey for burrowing owls, American badger, and San Joaquin kit fox shall be conducted by a qualified biologist within 5 days prior to ground disturbance activities. The survey should include the entire project site plus at least 100 foot buffer. The results of the survey should be summarized in a report that includes the methods, timing results and personnel involved, and photos should be included if appropriate. If any of these species are detected, the following additional measures are recommended: a. Burrowina Owl A no-disturbance buffer should be established around occupied burrows under the guidance of a qualified biologist with knowledge of the biology of the species. The buffer size should range from 150 feet to 650 feet depending on the time of year and level of construction activity. The qualified biologist should monitor the occupied burrow to ensure the no-disturbance buffer is maintained and observed, and to determine when the burrow is no longer occupied and the no-disturbance buffer can be removed. In the event that burrowing owls are present and resulting in delays to construction, burring owls can be evicted from burrows after development of an exclusion plan approved by the CDFW. b. American Badger If a suitable burrow is located, the qualified biologist should determine if it is occupied by a badger through non-invasive means such as a trail camera or tracking medium. Unoccupied burrows should be collapsed by hand with a shovel to prevent badgers S IGPAsIGPA 4th 2014114-0222Weg-Dec Initial Study 2014 doc Page 1 of 24 CC Meeting 11105114 339 from using them. If an occupied burrow is located on-site, and it is determined to potentially be a natal burrow, a 100-foot protective buffer should be established around the burrow until a qualified biologist determines that the burrow is no longer occupied. If it is a non-natal occupied burrow, the qualified biologist may discourage use by badgers by partially blocking burrow entrances with sticks, debris and soil. Once the burrow is no longer occupied, the burrow may be collapsed by hand. c. San Joaquin kit fox If an occupied San Joaquin kit fox den is detected during the survey effort, and the den is not a natal den (i.e., currently being used to rear pups), the den may be slowly excavated under the direction of a qualified biologist holding a valid scientific collecting permit to encourage the San Joaquin kit fox to leave the den and relocate on its own. If the den is a natal den, a no-disturbance buffer should be established under the guidance of a qualified biologist and in consultation with the CDFW. The no- disturbance buffer should be maintained until the qualified biologist has determined that the natal den is no longer occupied by kit foxes. 3. In addition, the following construction BMPs shall be implemented to minimize impacts to the San Joaquin kit fox: a. All project related vehicles shall observe a 20 mile-per-hour speed limit in all project areas. b. Where practical, construction activities shall be confined to daylight hours. c. All excavated, steep-walled holes or trenches more than two feet deep should be covered at the close of each work day or should be provided with an earthen or wooden escape ramp. Before such holes or trenches are filled, they shall be thoroughly inspected for San Joaquin kit fox or other animals. If a San Joaquin kit fox or other animal is found in a hole or trench, the animal shall be allowed to leave on its own without interference. d. All pipes, culverts or similar structures with a diameter of four inches or greater should be inspected for animals prior to burying, capping or moving. If a San Joaquin kit fox or other animal is found in any structure, the animal should be allowed to leave on its own without interference. The USFWS and CDFW may be consulted if the animal remains and is disrupting construction activities. e. All food-related trash shall be kept in closed containers and should be removed from the site at least once per week. f. No fire arms or pets are allowed on the project site. g. Use of rodenticides and herbicides in project areas shall be prohibited without consultation with the CDFW. h. An employment education program should be administered by a qualified biologist knowledgeable of San Joaquin kit fox biology prior to initiation of construction activities. L A qualified biologist should be retained to periodically inspect the project site to ensure compliance with the above measures and to be available to answer questions that employees may have. j. If a sick, injured or dead San Joaquin kit fox is found on-site, all construction activities should cease and the CDFW shall be contacted immediately. The USFWS should be notified in writing within three days of the incident. 4. Protocol level blunt-nosed leopard lizard surveys shall be conducted for 12 days over the course of the 90-day adult optimal survey period (April 15 to July 15), with a maximum of 4 survey days per week and 8 days within any 30-day timer period. At least one survey session should be conducted for 4 consecutive days, weather permitting. In addition, 5 more survey days are required during the hatchling optimal survey period for a total of 17 survey days S IGPAsIGPA 4th 2014114-0222Weg-Dec Inrhal Study 2014 doc Page 2 of 24 CC Meeting 11105114 340 overall. If present, an avoidance and monitoring plan for blunt-nosed leopard lizard may need to be prepared and implemented, typically in close coordination with CDFW and USFWS staff as the plan will likely need to be approved by these agencies prior to implementation. For a project activity to be deemed as completely avoiding impacts to this species, a buffer up to 22 acres surrounding the location of a detected individual may be required as per maximum home range size. 5. To avoid take of nesting birds and raptors, vegetation removal and initial ground disturbance shall occur outside the nesting bird breeding season, which is approximately February 1 through August 31. If construction must begin within the bird breeding season, then no more than two weeks prior to initiation of ground disturbance and/or vegetation removal, a nesting bird and raptor preconstruction survey shall be conducted by a qualified biologist within the disturbance footprint plus a 300-foot buffer. If the project is phased, a subsequent pre- construction nesting bird and raptor survey shall be required prior to each phase of construction within the project site. If no nests are observed no further action is required. If nests are found, their locations shall be flagged and then mapped onto an aerial photograph of the project site at a scale no less than 1"=200' and/or recorded with the use of a GPS unit. An appropriate avoidance buffer (size of buffer depending upon the species and the proposed work activity) should be determined and demarcated by a qualified biologist. 6. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for kit fox, and comply with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan. Survey protocol shall be that recommended by the California Department of Fish and Wildlife. Developer shall be subject to the mitigation measures recommended by the consultant. A copy of the survey shall be provided to the Planning Department prior to ground disturbance. The current MBHCP expires on August 24, 2014. Projects may be issued an urban development permit, grading plan approval, or building permit and pay fees prior to the August expiration date under the current MBHCP. As determined by the City of Bakersfield, only projects ready to be issued an urban development permit, grading plan approval or building permit) before the expiration date will be eligible to pay fees under the current MBHCP. Early payment or pre-payment of MBHCP fees shall not be allowed. The ability of the City to issue urban development permits is governed by the terms of the MBHCP. Urban development permits issued after the expiration date may be subject to a new or revised Habitat Conservation Plan, if approved, or be required to comply directly with requests of the U.S. Fish and Wildlife Agency and the California Fish and Wildlife Department. Cultural Impact Mitigation Measures 7. If human remains are discovered during grading or construction activities, work shall cease pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are identified on the site at any time, work shall stop at the location of the find 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 California Public Resource Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. 8. Prior to ground-disturbance activities associated with this project, personnel associates with the grading effort shall be informed of the importance of the potential cultural and archaeological resources (i.e. archaeological sites, artifacts, features, burials, human remains, etc.) that may be encountered during site preparation activities, how to identify those S:IGPAsIGPA 4th 2014114-0222Weg-Dec Initial Study 2014 doc Page 3 of 24 CC Meeting 11105114 341 resources in the field, and of the regulatory protections afforded to those resources. This training shall be conducted by representatives from the Tejon Indian Tribe or qualified archaeologist. The personnel shall be informed of procedures relating to the discovery of archaeological remains during grading activities and cautioned to avoid archaeological finds with equipment and not collect artifacts. The applicant/developer of the project site shall submit documentation to the Planning Department that they have met this requirement prior to commencement of ground disturbance activities. This documentation should include information on the date(s) of training activities, the individual(s) that conducted the training, a description of the training, and a list of names of those who were trained. Should cultural remains be uncovered, the on-site supervisor shall immediately notify a qualified archaeologist and the Tejon Indian Tribe. The developer shall provide the Tejon Indian Tribe information on excavation depth of the construction of the site. S:IGPAsIGPA 4th 2014114-022201eg-Dec Initial Study 2014.doc Page 4 of 24 CC Meeting 11105114 342 INITIAL STUDY ENVIRONMENTAL ANALYSIS 1. Project (Title&No.): General Plan Amendment/Zone Change No. 14-0222 2. Lead Agency (name and address): City of Bakersfield, Community Development Department 1715 Chester Avenue Bakersfield, California 93301 3. Contact Person (name,title,phone): Cecelia Griego, Associate Planner II (661) 326-3788 4. Project Location: North of Highland Knolls Drive, East of Fairfax Road. 5. Applicant(name and address): Ken Koss, 6420 Via Del Cerrito, Rancho Murieta, CA 95683 6. General Plan Designation: LR (Low Density Residential) 7. Zoning: R-1 (One Family Dwelling) 8. Description of Project (describe the whole action involved,including but not limited to later phases of the project, and any secondary,support,or off-site features necessary for its implementation.): The project includes a request for a general plan amendment to change the land use designation from LR (Low Density Residential) to HR (High Density Residential) and a concurrent zone change from R-1 (One Family Dwelling) to R-4/PUD (High Density Multiple Family Dwelling/Planned Unit Development) on the 7.28 acre site. The project proposes construction of approximately 168 multi- family dwelling units. According to the project applicant, due to the topography, the approved tract map on the project site, and existing power line easements, it is not possible to reach the maximum allowed density of the proposed land use. Therefore, the project description only includes the construction of a maximum of 168 dwelling units. 9. Environmental setting (briefly describe the existing onsite conditions and surrounding land uses): The project site is undeveloped and located within the northeastern portion of the City of Bakersfield.There are two power line easements that run along both the east and west side of the property.Surrounding development consists of highway 178 to the north, constructed and vacant multi-family lots to the west, vacant single family to the south with an approved tentative tract map and vacant office commercial to the east. 10. Other public agencies whose approval is anticipated to be required (e.g.,permits,financing approval or participation agreement): PD Site Plan Review-City of Bakersfield S IGPAsIGPA 4th 2014114-0222Weg-Dec Initial Study 2014 dw Page 5 of 24 CC Meeting 11105114 343 CITY OF BAKERSFIELD GENERAL PLAN LAND USE DESIGNATIONS RR Rural Residential LI Light Industrial 2.5 gross acres/dwelling unit SI Service Industrial ER Estate Residential 1 dwelling unit/net acre HI Heavy Industrial SR Suburban Residential ----- :5 4 dwelling units/net acre P Public Facilities SR/LR County: <_4 dwelling units/net acre City: s 7.26 dwelling units/net acre PS Public/Private Schools LR Low Density Residential PT Public Transportation Corridors <_7.26 dwelling units/net acre P-SW Solid Waste Facilities LMR Low Medium Density Residential >4 units but<_ 10 dwelling units/net acre OS Open Space HMR High Medium Density Residential OS-P Parks and Recreation >7.26 units buts 17.42 dwelling units/net acre HR High Density Residential OS-S Slopes exceeding 30% > 17.42 units but<_72.6 dwelling units/net acre R-IA Resource- Intensive Agriculture 20 acre minimum parcel size R-EA Resource- Extensive Agriculture HC Highway Commercial 20 acre minimum parcel size GC General Commercial 80 acre min (Williamson Act) R-MP Resource-Minerals & Petroleum MC Major Commercial 5 acre minimum parcel size OC Office Commercial MUC Mixed Use Commercial General Plan Street Classification Freeways provide service to through traffic exclusively with no access to abutting property and no at-grade intersections. Expressways are arterial highways with partial control of access which may or may not be divided or have grade separations at intersections, and may be an interim facility for an ultimate freeway. Arterials are used primarily by through traffic with a minimal function to provide access to abutting property. Collectors function to connect local streets with arterials and to provide access to abutting property. Locals are exclusively for property access and through traffic is discouraged. S:\Forms\zone-gp.doc CC Meeting 11105114 344 o N as ONINHOW CC) g NO PNINWW— U) a Z �Q D M is 2 � co U N U T O U C7 a J N N N Z of N _ m O Q d� - - - r ___________________ CO v O 1 x ¢ Y ¢ z o s W •• 0 ________ ___-______- _-__________________ --- W J cc cc m 2S SAYU NHIISTId—_ _ _ _ _ _ ___ cc cr\\ II z II 2 II J ELDER L'l bO lNDlAlVB I I ?!D 1NIDd poll J � J D Q I cc = WW? Q J W J J m I LITTLER CT w c z cc J Q I Si11NLWW/i5 w Q 3DDIil MDDYNS< z J m I 10 31ws Vl I I � Q 10 U3AYld ¢ 31VD cc J J zC7 W V 2 F p�\F1F P' � ¢ J y a31 ONV79Lyp�V J J U � � 3 v Gyi g w II 'a ND 3NIlDNI o ° D= y � J AVM S10oS II C7 U I (7 13 M3IA Q LSV3 J I Id NWHY1 Ir �i T J N ADD U yl lIVtl1133MS i• ALNno7 0 of ¢ N N cc dd3 U cgi I 1D N3lDVtlN3Is � ¢ u U u Q II cYdU o yl!D 3DDIi!!NI'L� m CC Meeting 11105114 345 CITY OF BAKERSFIELD ZONING DISTRICT DESIGNATIONS R-1 One Family Dwelling C-O Professional and Administrative Office 6,000 sq.ft. minimum lot size C-1 Neighborhood Commercial E Estate 10,000 sq.ft. minimum lot size C-2 Regional Commercial R-S Residential Suburban C-C Commercial Center 24,000 sq.ft./dwelling unit C-B Central Business R-S-1A Residential Suburban 1 acre minimum lot size PCD Planned Commercial Development R-S-2.5A Residential Suburban M-1 Light Manufacturing 2'/z acre minimum lot size R-S-5A Residential Suburban M-2 General Manufacturing 5 acre minimum lot size M-3 Heavy Industrial R-S-10A Residential Suburban P Automobile Parking 10 acre minimum lot size RE Recreation R-2 Limited Multiple Family Dwelling 4,500 sq.ft. min lot size(single family) Ch Church Overlay 6,000 sq.ft. min lot size(multifamily) 2,500 sq.ft. lot area/dwelling unit OS Open Space R-3 Multiple Family Dwelling HOSP Hospital Overlay 6,000 sq.ft. minimum lot size 1,250 sq.ft. lot area/dwelling unit AD Architectural Design Overlay R-4 High Density Multiple Family Dwelling FP-P Floodplain Primary 6,000 sq.ft. minimum lot size 600 sq.ft. lot area/dwelling unit FP-S Floodplain Secondary R-H Residential Holding AA Airport Approach 20 acre minimum lot size A Agriculture DI Drilling Island 6,000 sq.ft. minimum lot size PE Petroleum Extaction Combining A-20A Agriculture SC Senior Citizen Overlay 20 acre minimum lot size PUD Planned Unit Development HD Hillside Development Combining TT Travel Trailer Park MH Mobilehome SAForms\zone-gp.doc CC Meeting 11105114 346 W 17 1-7 cc Ha JNINHOW ¢ — co c g Q ¢ Z PrQ o c°h E ci LL co N = U N 0 00 a Q r U O N O V � U U a N a � U I--- N co V N Z ¢ � r 610 40 - - - - - - -- - --cr - - - -- --- - --- - -- ----- - --- --M- N � v N O z O -- --- - - - --- --- - - - - - -- - ----- -- - ----- -- T - - -- - -- - — - - - - --- --- - - - - -- W U--- - -- -- - - - - - -- _ _____ - - -- - - - - - - --_ --- --- --- - - r & ° a 3 ¢ ¢ m "� r N z y ¢ Q ¢ — — lssaVVNanenr —— — — — — — — _ __ _ - - - -- - — - --- — —— —__ ¢ II r U II N ¢ II ¢ ELDER CT NO aV01ANS I I a01NI0d ONV'Idn ¢ W I N r O Q z i d N cc w ¢ I ¢ O o I o LITTLER Cl r ¢ r cc N r Z I N snlNlrwwns 3 r 39aaMoavNsa ¢ CC m I 1L--l Vl OL ¢ > y < C1.4 10a3AYld ¢ a03LV0 u N ¢ ti ¢ Q Q I a I V I X D ¢ ¢ 31 oNrrelvory I Q cc N II xQ NO 3NI13NI to oy = ¢ AVMS 00S II r o NAOa I U nC\l ¢10 M3IALSld NV1aV1 cc 1 r r ¢I cr i,_ Iwo I IPY 133M .wVnoO wl v ¢ 0 r T N m Z' cr vI 10 N3l0Vaa31S O U ` ~ '� g co 0 11 r 0] W < it cc '� ; l NO 300181WU _ CC Meeting 11105114 347 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: As indicated by the checklist on the following pages, the project would result in potentially significant impacts with respect to the environmental factors checked below (Impacts reduced to a less than significant level through the incorporation of mitigation are not considered potentially significant.): ❑ Aesthetics ❑ Agricultural Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Greenhouse Gas Emissions ❑ Hazards & Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use / Planning ❑ Mineral Resources ❑ Noise ❑ Population/ Housing ❑ Public Services ❑ Recreation ❑ Transportation /Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance ENVIRONMENTAL DETERMINATION: On the basis of this initial evaluation: ❑ I find that the proposed project could not have a significant effect on the environment, and a neaative declaration will be prepared. ■ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A mitigated negative declaration will be prepared. ❑ I find that the proposed project may have a significant effect on the environment, and an environmental impact report is required. ❑ I find that the proposed project may have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect has been (1) adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) addressed by mitigation measures based on the earlier analysis as described on the attached sheets. An environmental impact report is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects have been (1) analyzed adequately in an earlier environmental impact report or negative declaration pursuant to applicable legal standards, and (2) avoided or mitigated pursuant to that earlier environmental impact report or negative declaration, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. �"Ar �7—;?o—161 Signature Date Cecelia Grieao Printed name S.IGPAsIGPA 4th 2014114-0222Weg-Dec Initial Study 2014 doc Page 6 of 24 CC Meeting 11105114 348 EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant With mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified,if any, to reduce the impact to less than significant. S IGPAsIGPA 4th 2014114-0222Weg-Dec Initial Study 2014 doc Page 7 of 24 CC Meeting 11105114 349 Environmental Issue Le66 a^ Potentially significant icicant Less Than Significant With Mitigation Significant No Impact Incorporation Impact Impact I.AESTHETICS: Would the project; a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ ■ b) Substantially damage scenic resources,including,but not limited to,trees,rock outcrops, and historic buildings within a state scenic highway? ❑ ❑ ❑ ■ c) Substantially degrade the existing visual character or quality of the site and its surroundings? ❑ El ❑ ■ d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? ❑ ❑ ■ ❑ II.AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept.of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project; a) Convert prime farmland, unique farmland, or farmland of statewide importance (farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,to non-agricultural use? ❑ ❑ ❑ ■ b) Conflict with existing zoning for agricultural use,or a Williamson Act contract? ❑ ❑ ■ ❑ c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)) or timberland (as defined by Public Resources Code section 4526) or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? ❑ ❑ ❑ ■ d) Result in the loss of forestland or conversion of forest land to non-forest? e) Involve other changes in the existing environment which,due to their location or nature, could result in conversion of farmland to non-agricultural use or conversion of forest land to non-forest use? ❑ ❑ ■ ❑ III.AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project; a) Conflict with or obstruct implementation of the applicable air quality plan? ❑ ■ ❑ ❑ b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? ❑ ❑ ■ ❑ c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? ❑ ❑ ■ ❑ d) Expose sensitive receptors to substantial pollutant concentrations? 11 13 13 0 e) Create objectionable odors affecting a substantial number of people? 11 El 0 IV.BIOLOGICAL RESOURCES: Would the project; a) Have a substantial adverse effect,either directly or through habitat modifications,on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? ❑ ■ ❑ ❑ b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service? ❑ ■ ❑ ❑ c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal,filling,hydrological interruption,or other means? ❑ ❑ ❑ ■ d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with an established native resident or migratory wildlife corridors,or impede the use of native wildlife nursery sites? El ❑ ❑ ■ e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? ❑ ❑ ■ ❑ f) Conflict with the provisions of an adopted Habitat Conservation Plan,Natural Community Conservation Plan,or other approved local,regional,or state habitat conservation plan? ❑ El ■ ❑ S IGPAsIGPA 4th 2014114-0222Weg-Dec Initial Study 2014 doc Page 8 of 24 CC Meeting 11105114 350 Environmental Issue Less Than Potentially significant Less Than Significant With Mitigation Slgnlflcanf No Im acf Inc oraflon impact Im act V.CULTURAL RESOURCES: Would the project; a) Cause a substantial adverse change in the significance of a historical resource as defined in§15064.5? ❑ ❑ ■ ❑ b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to§15064.5? ❑ ■ ❑ ❑ c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? ❑ ■ ❑ ❑ d) Disturb any human remains,including those interred outside of formal cemeteries? VI.GEOLOGY AND SOILS: Would the project; a) Expose people or structures to potential substantial adverse effects,including the risk of loss,injury,or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (refer to Division of Mines & Geology Special Publication No.42) ❑ ❑ ■ ii. Strong seismic ground shaking? El El 0 El iii. Seismic-related ground failure,including liquefaction? 11 El 0 El iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? El 0 0 11 c) Be located on a geologic unit or soil that is unstable,or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence,liquefaction or collapse? ❑ ❑ ■ ❑ d) Be located on expansive soil, as defined in the city's most recently adopted Uniform Building Code,creating substantial risks to life or property? ❑ ❑ ■ ❑ e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? ❑ ❑ ■ ❑ VII.GREENHOUSE GAS EMISSIONS:Would the project; ■ a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? ❑ ❑ ■ ❑ b) Conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases? ❑ ❑ ■ ❑ VIII.HAZARDS AND HAZARDOUS MATERIALS: Would the project; a) Create a significant hazard to the public or the environment through the routine transport,use,or disposal of hazardous materials? ❑ ❑ ■ ❑ b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous material into the environment? ❑ ❑ ■ ❑ c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances,or waste within one-quarter mile of an existing or proposed school? ❑ ❑ ■ ❑ d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? ❑ ❑ ■ ❑ e) For a project located within an airport land use plan or,where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project result in a safety hazard for people residing or working in the project area? ❑ ❑ ❑ ■ f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? ❑ ❑ ❑ ■ g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? ❑ ❑ ■ ❑ h) Expose people or structures to a significant risk of loss,injury or death involving wild land fires,including where wild lands are adjacent to urbanized areas or where residences are intermixed with wild lands? ❑ ❑ ■ ❑ IX.HYDROLOGY AND WATER QUALITY: Would the project; a) Violate any water quality standards or waste discharge requirements? ❑ ❑ ■ S IGPAsIGPA 4th 2014114-0222Weg-Dec Initial Study 2014 doc Page 9 of 24 CC Meeting 11105114 351 Environmental Issue Less Potentially Potentially Significant anl Less Than Significant With Mitigation SlgnMlcant No Impact Incom_oratio_n Impact Imp_act. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g.,the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? ❑ ❑ ■ ❑ c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river,in a manner which would result in substantial erosion or siltation on-or off-site? ❑ ❑ ❑ d) Substantially alter the existing drainage pattern of the site or area,including through the alteration of the course of a stream or river,or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? ❑ ❑ ■ ❑ e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? ❑ ❑ ■ ❑ f) Otherwise,substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? ❑ ❑ ■ ❑ h) Place within a 100-year flood hazard area, structures which would impede or redirect ❑ ❑ ■ El flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? ❑ ❑ ■ ❑ j) Inundation by seiche,tsunami,or mud flow? X.LAND USE AND PLANNING: Would the project; a) Physically divide an established community? ❑ ❑ ■ El b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan,specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? ❑ ❑ ■ ❑ c) Conflict with any applicable habitat conservation plan or natural community conservation plan? ❑ ❑ ■ ❑ XI.MINERAL RESOURCES: Would the project; a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? ❑ ❑ ❑ ■ b) Result in the loss of availability of a locally-important mineral resource recovery site that is delineated in a local general plan,specific plan or other land use plan? ❑ ❑ ❑ ■ XII.NOISE: Would the project result in; a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance,or applicable standards of other agencies? ❑ ❑ ■ ❑ b) Exposure of persons to or generation of excessive ground-borne vibration or ground- borne noise levels? ❑ ❑ ■ ❑ c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? ❑ ❑ ■ ❑ d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? ❑ ❑ ■ ❑ e) For a project located within an airport land use plan or,where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? ❑ ❑ ❑ ■ f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? ❑ ❑ ❑ ■ XIII.POPULATION AND HOUSING: Would the project; a) Induce substantial population growth in an area, either directly (e.g., by proposing new homes&businesses) or indirectly(e.g.,through extension of roads or other infrastructure)? ❑ ❑ ■ ❑ b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? ❑ ❑ ■ ❑ c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? ❑ ❑ ■ ❑ S IGPAsIGPA 4th 2014114-0222Weg-Dec Initial Study 2014.doc Page 10 of 24 CC Meeting 11105114 352 Environmental Issue Less Than Potentially Significant Less Than Significant With Mitigation Significant No Im act Inco ration Im act Im act XIV.PUBLIC SERVICES: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts,in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services; I. Fire protection? ❑ ❑ ■ ❑ ii. Police protection? El El 0 11 iii. Schools? El El 0 El iv. Parks? ❑ ❑ ■ ❑ v. Other public facilities? 0 El XV.RECREATION: Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? ❑ ❑ ■ ❑ b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? ❑ ❑ ■ ❑ XVI.TRANSPORTATION/TRAFFIC: Would the project; a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways,pedestrian and bicycle paths,and mass transit? ❑ ❑ ■ ❑ b) Conflict with an applicable congestion management program,including, but not limited to level of service standards and travel demand measures,or other standards established by the county congestion management agency for designated roads or highways? ❑ ❑ ■ ❑ c) Result in a change in air traffic patterns,including either an increase in traffic levels or a change in location that results in substantial safety risks? ❑ ❑ ■ ❑ d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections)or incompatible uses(e.g.,farm equipment)? ❑ ❑ ■ ❑ e) Result in inadequate emergency access? El 11 0 13 f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities,or otherwise decrease the performance or safety of such facilities? ❑ ❑ ■ ❑ XVII.UTILITIES AND SERVICE SYSTEMS: Would the project; a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? ❑ ❑ ■ ❑ b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? ❑ ❑ ■ ❑ c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? ❑ ❑ ■ ❑ d) Have sufficient water supplies available to serve the project from existing entitlements and resources,or are new or expanded entitlements needed? ❑ ❑ ■ ❑ e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? ❑ ❑ ■ ❑ f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? ❑ ❑ ■ ❑ g) Comply with federal,state,and local statutes and regulations related to solid waste? SAGPAsIGPA 4th 2014114-0222Weg-bec Initial Study 2014.doc Page 11 of 24 CC Meeting 11105114 353 Environmental Issue Less Than Potentially Signtilcant Less Than SlgnHlcant With Mitigation Signtilcant No Im act Inc oration Impact Im ct XVIII.MANDATORY FINDINGS OF SIGNIFICANCE: a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? ❑ ❑ ■ El b. Does the project have impacts that are individually limited, but cumulatively considerable? ("cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects,and the effects of probable future projects)? ❑ ❑ 0 0 c. Does the project have environmental effects which will cause substantial adverse effects on human beings,either directly or indirectly? O EVALUATION OF ENVIRONMENTAL EFFECTS I. AESTHETICS a. The project does not conflict with any applicable vista protection standards, scenic resource protection requirements or design criteria of Federal, State or Local Agencies, and is consistent with the City of Bakersfield Zoning and Metropolitan Bakersfield General Plan designations for the project area. The project site is located within an area having slopes from 5 - 15 %. The area is substantially developed and is not regarded or designated within the Metropolitan Bakersfield General Plan as visually important or "scenic". There is no scenic vista that will be impacted by construction of this project. No impact. b. The project does not include the removal of trees, the destruction of rock outcroppings or degradation of any historic building. The project is not adjacent to a state highway which is designated as "scenic". No impact. c. Surrounding land uses include undeveloped lands and residential homes. The development of residential on the project site would alter the existing landscape and provide development of 168 multi-family units which is considered compatible with the surrounding uses. The visual alterations will enhance the existing landscape and it is not considered to degrade the site compared to its existing condition. There are visual impacts with any new development but this project is typical of the area and no impacts are regarded as potentially significant. No impact. d. This project involves incremental growth of urban development within the City of Bakersfield's jurisdiction. Light from this development will not substantially affect views in this area either at night or daytime and will not produce substantial glare. City of Bakersfield development standards including Title 17 (zoning ordinance),Title 15 (buildings and construction), and California Code of Regulations Title 24 require the project comply with current lighting, and signage standards that minimize unwanted light or glare trespass to neighboring properties. Less than significant impact. II. AGRICULTURE RESOURCES a. The project does not convert 100 acres or more of the farmlands designated prime, unique or of statewide significance to nonagricultural uses. See Rural Land Mapping Edition, Kern County Important Farmland 2010, sheet 2 of 3. Large parcel size is, in general, an important indicator of potential agricultural suitability and productivity. As of December 31, 2011, there were approximately 1.70 million acres under Williamson Act and Farmland Security Zone contracts in Kern County (The California Land Conservation Act, 2012, Status Report). The loss S IGPAsIGPA 4th 2014114-0222Weg-Dec Initial Study 2014.doc Page 12 of 24 CC Meeting 11105114 354 of less than 100 acres is not considered a significant change to this resource as it represents only 0.006% of the total amount of land under Williamson Act and Farmland Security Zone contracts in Kern County. State CEQA Guidelines, Section 15206 does not regard the cancellation of less than 100 acres of land from the Williamson Act to be of statewide, regional or area wide significance. No impact. b. The project site is not under a Williamson Act contract (or in an area where agricultural uses are located). The project site has a land use designation of low density residential by the Metropolitan Bakersfield General Plan and zoned one family dwelling by the City of Bakersfield Zoning Ordinance. The project applicant is requesting approval of high density residential. The high density multi-family zone district is consistent with the proposed land use designation. Therefore, impacts to agricultural zoning or Williamson Act Land Use Contracts are not anticipated and are considered less than significant. c. As discussed above, the project site is currently zoned for single family residential. No forestlands exist on the project site. Accordingly, the proposed project would not conflict with existing zoning for or cause the rezoning of forestland, timberland, or timberland zoned Timberland Production. Therefore, no impacts on forestland would occur. d. The project sites and surrounding properties do not contain any forest land. No impacts resulting in the loss of forest land or conversion of forest land to non-forest use are expected to occur. e. The proposed project involves the construction and operation of multi-family dwelling units on the project site. The proposed project would not result in the conversion of land zoned for agriculture to a nonagricultural use.There are no special attributes of this project site, related to location or nature that will cause or could result in the conversion of farmland to non- agricultural use. This project is in an area designated for urban development by the Metropolitan Bakersfield General Plan. The project itself is typical of the development found in Metropolitan Bakersfield which should not, by its specific nature, result in the conversion of farmland to nonagricultural uses. Less than significant impact. III. AIR QUALITY a. The San Joaquin Valley Air Pollution Control District (SJVAPCD) encourages local jurisdictions to design all developments in ways that reduce air pollution from vehicles, which is the largest single category of air pollution in the San Joaquin Valley. The Guide for Assessing and Mitigating Air Quality Impacts promulgated by the SJVAPCD (page 16 and Section 6) lists various land uses and design strategies that reduce air quality impacts of new development. Local ordinance and general plan requirements, related to landscaping, sidewalks, street improvements, level of traffic service, energy efficient heating and cooling building code requirements, and location of commercial development in proximity to residential development is consistent with these listed strategies. Regulation and policy that will result in the compliance with air quality strategies for new residential and commercial developments include but are not limited to Title 24 efficiency standards, Title 20 appliance energy efficiency standards, 2005 building energy efficiency standards, AB 1493 motor vehicle standards, compliance with the Metropolitan Bakersfield General Plan Air Quality Conservation Element as well as the SJVAPCD Air Quality Guidelines and Rules. As a result of implementation of project design elements, compliance with local Air Pollution Control District permit requirements, any impacts will remain below a level of significance. b. The SJVAPCD has established thresholds of significance for three (3) specific criteria pollutants in regards to the operation of specific projects, as shown below: S IGPAs1GPA 4th 2014114-0222Weg-Dec Inthal Study 2014 doc Page 13 of 24 CC Meeting 11105114 355 SJVAPCD Significance Thresholds for Criteria Pollutants Air Pollutant Tons/Year Reactive Organic Gas (ROG) 10 Nitrogen Oxides (NOX) 10 Particulates (PM10) 15 The proposed project would be in compliance with the significance thresholds for ROG (10 tons/year), NOx (10 tons/year), and PM10 (15 tons/year). Additionally, the project applicant intends to comply with the air emissions control measures described in the SJVAPCD Guide for Assessing and Mitigating Air Quality Impacts document to control dust and other emissions during construction. Under SJVAPCD CEQA rules, the implementation of these control measures would help reduce impacts from criteria air pollutants to a less than significant level. The project is also not within the distance triggers noted in table 4-2, Project screening trigger levels for potential odor sources (Guide for Assessing and Mitigating Air Quality Impacts). Dust suppression measures listed as Regulation VIII is required for all construction in the City of Bakersfield and are regarded by SJVAPCD as sufficient mitigation to reduce PMIo impacts to less than significant. c. The project will not increase any criteria pollutant (for which the San Joaquin Valley is in non- attainment) beyond the level of significance as defined by the SJVAPCD. Under GAMAQI guidelines, any proposed project that would have individually significant air quality impacts would also be considered to have significant cumulative air quality impacts. Impacts of local pollutants are cumulative significant when the combined emissions from the project and other planned projects will exceed air quality standards; the project's cumulative impacts when considered with existing and future projects are below air quality standards. There are no individual significant adverse air quality related effects and the impact is regarded as less than significant. d. Some land uses are considered more sensitive to air pollution than others due to the types of population groups or activities involved that expose sensitive receptors to sustained exposure to any pollutants present.The SJVAPCD defines sensitive receptors as locations where there is a risk of continuous human exposure according to the averaging period for the ambient air quality standards (AAQS). Examples of the types of land use that are sensitive receptors include retirement facilities, hospitals, and schools. The most sensitive portions of the population are children, the elderly, the acutely ill, and the chronically ill, especially those with cardiorespiratory diseases. The closest sensitive receptors are located less than one mile away from the project site. However, the proposed project use will not expose sensitive receptors to sustained exposure of any substantial pollutant concentrations. No impact. e. The land use proposed for this project does not have the potential to create objectionable odors. This proposal is not on the list of those land uses generally regarded as the type to have site odor problems (please refer to the list on page 27, table 4-2, of the Guide for Assessing and Mitigating Air Quality Impacts). No impact. IV. BIOLOGICAL RESOURCES a. The project is subject to the terms of the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) and associated Section 10 (a) (1) (b) and Section 2081 permits issued to the City of Bakersfield by the United States Fish and Wildlife Service and California Department of Fish and Wildlife, respectively, and Incidental Take Permit PRT-786634 and associated Implementation/Management Agreement by and among the United States Fish and Wildlife Service, California Department of Fish and Wildlife, City of Bakersfield and County of Kern (said documents hereby incorporated by reference). Terms of these permits require applicants for all development projects within the plan area to pay habitat mitigation fees, excavate known kit fox dens, and notify agencies prior to grading in areas of known dens. With implementation of the MBHCP, impacts are considered to be less than significant. S:IGPAsIGPA 4th 2014114-0222Weg-Dec Initial Study 204doc Page 14 of 24 CC Meeting 11105114 356 The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) expires in the year 2014. Projects may be issued an urban development permit, grading plan approval, or building permit and pay fees prior to the 2014 expiration date under the current MBHCP. As determined by the City of Bakersfield, only projects ready to be issued an urban development permit, grading plan approval or building permit before the 2014 expiration date will be eligible to pay fees under the current MBHCP. Early payment or pre-payment of MBHCP fees shall not be allowed. The ability of the City to issue urban development permits is governed by the terms of the MBHCP. Urban development permits issued after the 2014 expiration date may be subject to a new or revised Habitat Conservation Plan, if approved, or be required to comply directly with requests of the U. S. Fish and Wildlife Agency and the California Department of Fish and Wildlife. A Biological Resources Assessment was prepared by Rincon Consultants, Inc. There is a possible impact to vegetative communities found within the project site that are considered sensitive. The project has been sited to avoid impacts to sensitive wildlife species and habitat types. Therefore, no impacts are anticipated to sensitive wildlife species or communities. The project would not interfere with movements of any wildlife species or with established native resident or migratory wildlife corridors. Native resident and/or migratory fish and known native wildlife nursery sites are not present within the project site or area. The Bakersfield Blunt-Nosed Leopard Lizard (special-status species) and their habitat have been documented in the general vicinity of the proposed project site. Therefore, a biological study was performed by Rincon Consultants, Inc. The conclusion of the biological study identified a possible impact to the Bakersfield Blunt-Nosed Leopard Lizard. Prior to land disturbance the applicant is required to Have a qualified biologist conduct a follow-up survey in consultation and accordance with guidance as approved by the California Department of Fish and Wildlife, and U.S. Fish and Wildlife Service as appropriate. b. This project is not located within or adjacent to the Kern River riparian habitat area, but is within the MBHCP area. This plan, in agreement with the California Department of Fish and Wildlife and the United States Fish and Wildlife Service, includes ordinance requirements for all development projects in the HCP area. Compliance with the plan mitigates biological impacts to a less than significant level. Less than significant impact. c. There are no wetlands adjacent to or near the project site. The proposal would not have a significant impact on any wetlands. d. The project is not within the Kern River flood plain (noted as a wildlife corridor in the MBHCP), or along a canal which has been identified by the United States Fish and Wildlife Service as a corridor for native resident wildlife species. The record does not support a finding that the project area is a nursery site for native wildlife species. No impact. e. The MBHCP has been adopted as policy and is implemented by ordinance. The plan addresses biological impacts within the Metropolitan Bakersfield General Plan Area. The development entitled by this proposal will be required to comply with this plan and, therefore, will not be in conflict with either local biological policy or ordinance. Less than significant impact. f. There are no other adopted plans which are applicable to this area which relate to biological resources; see answer to IV.e. above. V. CULTURAL RESOURCES a. Phase I Cultural Resource Survey was prepared by Cornerstone Engineering, Inc. There are no structures on the site and no resources are listed in or have been deemed eligible by the State Historical Resources Commission for listing in the California Register of Historical Resources (Public Resources Code SS5024.1, Title 14 CCR Section 4850 et. Seq.). There are no resources on or near the project site that are listed in a local register of historical resources as S:IGPASIGPA 4th 2014114-0222Weg-Dec Initial Study 2014.doc Page 15 of 24 CC Meeting 11105114 357 defined in Section 5020.1 (k) of the Public Resources Code. There are no significant historical resources meeting the requirements of Section 5024.1 (g) of the Public Resources Code. b. The California Archaeological Inventory (CAI) at California State University Bakersfield has reviewed the existing literature for archaeological resources and reported that the project will not have a significant impact on archaeological resources. c. The project site is located in northeast Bakersfield, which is known to contain significant paleontological resources. Therefore, the potential exists for significant paleontological resources to be disturbed during on-site construction activities. Pursuant to the mitigation measure contained in the Negative Declaration In the event any undetected (i.e., buried) cultural resources are encountered on the project site, a qualified archaeologist shall be contacted to evaluate the find in conformance with CEQA Section 15064.5. Topography of the site is relatively flat and there is no evidence that construction of the project will destroy any unique geologic structure. No significant impacts are noted. d. The proposal is not anticipated to disturb any human remains. However, if human remains are discovered during grading or construction activities, further work shall stop until Section 7050.5 of the California Health and Safety Code is met. If Native American remains are identified, Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the California Public Resources Code detail the appropriate actions necessary for addressing Native American remains. Less than significant impact. VI. GEOLOGY AND SOILS a.i. Bakersfield and the San Joaquin Valley are within a seismically active area. According to the Metropolitan Bakersfield General Plan, major active fault systems border the southern portion of the San Joaquin Valley. Among these major active fault systems include the San Andreas, Breckenridge-Kern County, Garlock, Pond Poso, and White Wolf faults. There are numerous additional smaller faults suspected to occur within the Bakersfield area which may or may not be active. The active faults have a maximum credible Richter magnitude that ranges from 6.0 (Breckenridge -Kern Canyon) to 8.3 (San Andreas). Potential seismic hazards in the planning area involve strong ground shaking, fault rupture, liquefaction, and landslides. Future structures proposed on the project site are required by state law and City ordinance to be constructed in accordance with the Uniform Building Code (seismic zone 4,which has the most stringent seismic construction requirements in the United States), and to adhere to all modern earthquake construction standards, including those relating to soil characteristics. This will ensure that all seismically related hazards remain less than significant. In addition, because of the relatively flat topography of the project site, landslides are not considered to be a potentially significant geologic hazard. a.ii. See answer to VI.a.i. a.iii. Liquefaction potential is a combination of unconsolidated soil type and high ground water combined with high potential seismic activity. This project site does not demonstrate the three attributes necessary to have a potentially significant impact. See also the answer to VI.a.i. a.iv. See answer to VI.a.i. b. The soil types prevalent on the project site are listed in the Soil Survey of Kern County, California, Northwestern Part (United States Department of Agriculture, Soil Conservation Service,September 1988). Based on the soil survey, the project site includes soil type Cuyama loam, 9 to 15 percent slopes. Due to the characteristics of the on-site soil type and the relatively flat terrain, implementation of the project will not result in significant erosion, displacement of soils or soil expansion problems. The project will be subject to City S IGPAsIGPA 4th 2014114-0222Weg-Dec Initial Study 2014 doc Page 16 of 24 CC Meeting 11105114 358 ordinances and standards relative to soils and geology. Standard compliance requirements include detailed site specific soil analysis prior to issuance of building permits and adherence to applicable building codes in accordance with the Uniform Building Code. c. See answers to VI.a.i. and VI.a.ii. In addition, the Seismic Hazard Atlas map of Kern County prepared by the United States Department of the Interior Geological Survey does not indicate that the project area is subject to subsidence, liquefaction or other unique geological hazard. d. See answer to VI.b. e. See answer to VI.b. VII. GREENHOUSE GAS EMISSIONS a. The proposed Project would generate an incremental contribution and, when combined with the cumulative increase of all other sources of greenhouse gases, could contribute to global climate change impacts. Although the proposed Project is expected to emit greenhouse gases, the emission of greenhouse gases by a single project into the atmosphere is not itself necessarily an adverse environmental effect. Rather, it is the increased accumulation of greenhouse gas from more than one project and many sources in the atmosphere that may result in global climate change. The resultant consequences of that climate change can cause adverse environmental effects. A project's greenhouse gas emissions typically would be relatively very small in comparison to state or global greenhouse gas emissions and, consequently, they would, in isolation, have no significant direct impact on climate change. Therefore, a project's greenhouse gas emissions and the resulting significance of potential impacts are more properly assessed on a cumulative basis. Therefore, the potential impacts from the proposed project's greenhouse gas emissions are less than significant. Global climate change is an issue where the causes and effects are not just regional or statewide, but worldwide. The impacts of this project are not considered significant given the efforts made to reduce emissions of greenhouse gases from the project through design measures and standards, plus further mitigation accomplished at the statewide level through California Air Resources Board (CARE) regulations adopted pursuant to AB32. Regulation and policy that will result in the reduction of greenhouse gas emissions in new residential and commercial developments include but are not limited to Title 24 efficiency standards, Title 20 appliance energy efficiency standards, 2005 building energy efficiency standards, AB 1493 motor vehicle standards, compliance with the Metropolitan Bakersfield General Plan Air Quality Conservation Element as well as SJVAPCD Air Quality Guidelines and Rules. With local, regional and state regulation and other air quality regulation implemented, impacts will remain below a level of significance. b. The California Air Resources Board (CARB), a part of the California Environmental Protection Agency, is responsible for the coordination and administration of both federal and State air pollution control programs within California. According to California's Climate Change Scoping Plan, there must be a statewide reduction greenhouse gas (GHG) emissions to 1990 levels by 2020. Reducing greenhouse gas emissions to 1990 levels means cutting approximately 16 percent from business-as-usual emission levels projected for 2020 (baseline: 2002-2004 average emissions). In addition, per SB375 requirements, CARB has adopted regional reduction targets; they call for a 5 percent reduction in per-capita emissions by 2020 and 10 percent reduction in 2035 within the San Joaquin Valley, using 2005 as the baseline. These regional reduction targets will be a part of the Kern COG Sustainable Communities Strategy. The San Joaquin Valley Air Pollution Control District (District) adopted the guidance: Guidance for Valley Land-use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA and the policy: District Policy - Addressing GHG Emission Impacts for Stationary Source Projects Under CEQA When Serving as the Lead Agency. As proposed, the project will not conflict with any statewide policy, regional plan or local guidance or policy adopted for the purpose of reducing the emissions of greenhouse gases. The project would not interfere S IGPAsIGPA 4th 2014114-0222Weg-Dec Initial Study 2014 doc Page 17 of 24 CC Meeting 11105114 359 with the implementation of AB32 and SB375 because it would be consistent with the GHG emission reduction targets identified by CARB and the Scoping Plan. The project achieves "business-as-usual" GHG emissions reduction equal to or greater than the 16% targeted reduction goal CARB defines "business-as-usual" as "the emissions that would be expected to occur in the absence of any GHG reduction actions." The proposed project is consistent with these statewide measures and considered not significant or cumulatively considerable under CEQA. The City of Bakersfield has not adopted a greenhouse gas Climate Action Plan but is in the process of developing a Climate Action Plan as part of its general plan update. This project will not conflict with the goals and policies of the Metropolitan Bakersfield General Plan and local ordinances. This project will not conflict with City policy for addressing GHG impacts nor with any other applicable plans, policies or regulations. As such, impacts from GHG emissions are considered less than significant. VIII. HAZARDS AND HAZARDOUS MATERIALS a. The record does not indicate that this project (or this type of land use in general) involves the transport or use of hazardous materials in any quantity which has been identified by responsible agencies as having the potential to be a significant environmental impact. b. See answer to Vlll.a. c. The record does not support a finding that this project or this category of projects has been identified by responsible agencies as having the potential to emit hazardous emissions at a level which is potentially significant. d. The project is not located on any site catalogued on the most recent hazardous materials list compiled pursuant to Government Code Section 65962.5. No significant impact is identified. e. This project is not located within any area subject to the land use restrictions of the adopted 1996 Kern County Airport Land Use Compatibility Plan which covers all of Kern County. No impact is identified. f. The project is not located within 5,000 feet of the runway of any private airstrip. Therefore, the project would not result in a safety hazard for people residing or working in the project area. The adopted 1996 Kern County Airport Land Use Compatibility Plan uses this 5,000 foot distance as the maximum for land use considerations. No significant impact is identified. g. The proposed project would not interfere with any local or regional emergency response or evacuation plans because the project would not result in a substantial alteration to the adjacent and area circulation system. The proposed project, typical of urban development in Bakersfield, is not inconsistent with the adopted City of Bakersfield Hazardous Materials Area Plan (January 1997). This plan identifies responsibilities and provides coordination of emergency response at the local level in response to a hazardous materials incident. h. This project is not located adjacent to a wild land area nor is it within the area covered by the Hillside Development Zone (HD), which has standards required by the City of Bakersfield Fire Department to address the issue of wild land fires and urban development. No significant impacts are identified. IX. HYDROLOGY AND WATER QUALITY a. The proposed project will be implemented in accordance with all applicable water quality standards and waste discharge requirements, which will ensure that the quality and quantity of surface water flowing from the site would not be substantially affected. No significant impact is identified. SAGPAsIGPA 4th 2014114-0222Weg-Dec Initial Study 2014 dcc Page 18 of 24 CC Meeting 11105114 360 b. The proposed development will not result in a need for significant additional systems or substantially alter the existing water utilities in the area nor would it interfere with the groundwater recharge of the aquifer, therefore the impact to groundwater supplies would be considered less than significant. Expansion of all water utilities would be required to serve this development, but the impact is not considered significant. All water companies within the project area have been contacted regarding the proposal. The appropriate water utility company may require the project applicant to provide water system improvements to service the site, but this impact is not regarded as significant. c. There are no streams or rivers on the project site. Existing drainage patterns will not be significantly altered. All development within the City of Bakersfield is required by ordinance to comply with an approved drainage plan (for every project) which avoids on-site and off-site flooding, erosion and siltation problems. No significant impact is identified. d. See answer to IX.c. e. See answer to IX.c. f. See answer IX.a. g. The project does not propose housing within a 100-year flood plain as identified by the Flood Insurance Rate Map or any other flood hazard map. No significant impact is noted. h. The project does not propose any structures within a 100-year flood hazard area. No significant impact is noted. i. The project is within the Lake Isabella dam failure inundation area, but not the 100-year flood plain for the Kern River as depicted on figure VIII-2 of the Bakersfield Metropolitan General Plan (Safety Element). However, chances of loss, injury and/or death are so remote (the worst case scenario is one event in more than 10,000 years-source: Bakersfield Heart Hospital FEIR) that the risk is regarded as insignificant (reference also the Kern County Flood Evacuation Plan for Kern County and Greater Bakersfield Area below Lake Isabella Dam). j. The project site is not located near any significantly sized body of water and is, therefore, not susceptible to a seiche or tsunami. The site is not located at the foot of any significant topographical feature with the potential to be subject to a mud flow. No significant impact is noted. X. LAND USE AND PLANNING a. The project is a continuation of the existing urban development pattern or is an infill development that does not physically divide the Metropolitan Bakersfield General Plan Area. No significant impact is noted.See Table 1 below. TABLE 1: LAND USE/ZONING OF ADJACENT PROPERTIES LOCATION LAND USE ZONE DISTRICT EXISTING LAND USE DESIGNATION NORTH LR (Low Density R-1 (One Family Future City Sump Residential Dwelling) SOUTH LR (Low Density R-1 (One Family Vacant Residential Dwelling) OC (Office C-O (Professional & EAST Commercial) Administrative Office) Vacant WEST LMR (Low Medium R-2 (Limited Multi- Multi- Residential) Family Dwelling) Family/Duplexes/Vacant S.IGPAsIGPA 4th 2014114-0222Weg-Dec Initial Study 2014 doc Page 19 of 24 CC Meeting 11105114 361 b. The project is required to be consistent with the Metropolitan Bakersfield General Plan and the City of Bakersfield Zoning Ordinance. The record does not indicate that there are identified environment conflicts or inconsistencies with said policies or zoning regulations. No significant environmental impacts are noted. c. See answer to IV.a., IV.e., IV.f. XI. MINERAL RESOURCES a. The project is not located within a California Department of Conservation Division of Oil, Gas, and Geothermal Resources (DOGGR) designated oil field or within an area of other important mineral resources. Accordingly, the proposed project will not result in the loss of availability of a known mineral resource, or the loss of a locally important mineral resource recovery site. No impact. b. See answer to XI.a. XII. NOISE a. The proposed project is compatible with existing land uses in the project area and areas immediately adjoining the project parcel. Development of the project will not expose persons or generate noise in excess of those standards found in the Noise Element of the Metropolitan Bakersfield General Plan. The impact is not regarded as significant. b. There is no evidence in the record of any noise impacts associated with ground borne vibration or noise. No significant impacts are noted. c. Ambient noise levels will increase through any urban type of development of the site. Building code requirements required for energy conservation will result in a 20-decibel reduction in noise for habitable interior space. In addition, typical development standards including building setbacks, walls, and landscaping will contribute to decreasing the ambient noise levels from the adjoining area. The project is not anticipated to expose people to severe noise levels and existing ordinance requirements will reduce noise impacts to less than significant. d. Noise associated with construction of the project is the only temporary (or periodic) increase of ambient noise levels.This temporary change in ambient noise levels has not been found to be significant. e. This project is not located within any area subject to the land use restrictions of the adopted 1996 Kern County Airport Land Use Compatibility Plan which covers all of Kern County. No impact is identified. f. This project is not located within the vicinity (5,000 feet) of any private airstrip and therefore would not expose people residing or working in the project area to excessive noise levels. XIII. POPULATION AND HOUSING a. The project will induce population growth in this area, but this impact is regarded as less than significant as the project is the logical extension of existing urban development or is an infill project, see Table 2. S_IGPAs1GPA 4th 2014114-0222Weg-Dec What Study 2014 doc Page 20 of 24 CC Meeting 11105114 362 TABLE 2: POPULATION PROJECTIONS PROPOSED DWELLING UNITS PERSONS PER POPULATION LAND USE HOUSEHOLD Multiple-Family 168 du 3.07 515 Source:2010 Federal Census b. The project would not displace any existing housing. The project site is currently vacant. No significant impacts are noted. c. The project would not result in the displacement of any persons. See answer to Xlll.b. above. No significant impacts are noted. XIV. PUBLIC SERVICES a. Fire protection services for the Metropolitan Bakersfield area are provided through a joint fire protection agreement between the City and County. The projected increase of 515 new residents and new structures into the City. Though the proposal may necessitate the addition of fire equipment and personnel to maintain current levels of service, this potential increase in fire protection services can be paid for by property taxes generated by this development and is not deemed significant. b. Police protection will be provided by the Bakersfield Police Department upon project build out. Current City Police services standards require 1.32 officers for every 1,000 people in the City. The projected increase of 515 new residents into the City would necessitate the addition of 0.68 law enforcement officers to maintain current levels of service. However, this potential increase in services can be paid for by property taxes generated by this development and is not deemed significant. c. The proposed development could produce new dwellings units and generate approximately 52 school age children as indicated in Table 3. This increase may necessitate the construction of additional school facilities. However, existing school impact fees and increased property tax revenues will reduce impacts on schools to less than significant. TABLE 3: SCHOOL CHILDREN GENERATION TYPE AND NUMBER OF ELEMENTARY HIGH SCHOOL TOTAL PUPILS DWELLING K - 8 9 - 12 UNITS Multiple-Family 168 x 0.199 168 x 0.111 52 units Source:Bakersfield City School District and Kern High School District School Facility Needs Analysis Studies, 2010 d. The project proposes a population increase of 515 and may result in an impact upon the quality and quantity of existing recreational opportunities and may also create a need for new parks or recreational facilities. The parkland requirements for the proposed project are calculated based on the General Plan and City Ordinance park standards of 2.5 acres for every 1,000 people. Total park acreage estimated for the project is 1.3 acres. In addition, every residential unit must pay a park land development fee at the time of the issuance of building permits. Compliance with the park acreage dedication ordinance and the park development fee ordinance ensures that parks are dedicated and built in accordance with City standards. The impact is not considered significant. S IGPAsIGPA 4th 2014114-0222Weg-Dec Initial Study 2014 Page 21 of 24 CC Meeting 11105114 363 e. Other public facility improvements from the proposed development and eventual buildup of this area will result in an increase in maintenance responsibility for the City of Bakersfield. These increases in services are not deemed significant. XV.RECREATION a. See answer to Parks, (XIV.d.). b. See answer to Parks, (XIV.d.). XVI.TRANSPORTATION AND TRAFFIC a. A trip generation analysis has been prepared for the project by Ruettgers & Schuler dated June 18, 2014. The trip generation analysis indicates that the project would generate approximately 33 AM peak hour trips and 42 PM peak hour trips, with an Average Daily Traffic (ADT) of 522. The project may cause an increase in traffic in relation to the existing traffic load (volume) and capacity of the street system, and may alter the present patterns of circulation or movement of people and goods. However, the impact is not considered significant because the proposal would not degrade the existing Level of Service (LOS) of adjacent and area roads. Policy 36 of the Circulation Element of the Metropolitan Bakersfield General Plan requires the City of Bakersfield to prevent streets and intersections from degrading below a level of service C, where possible, through dedication of adjacent right- of-way, access improvements, or an area wide impact fee. These measures would be implemented at the time the project site is developed. All regional traffic impacts caused by this development would be addressed according to the regional impact fee ordinance at the time of issuance of building permits. In addition, the Subdivision Ordinance requires all on-site street improvements and a proportional share of boundary street improvements to be built at the time the property is developed. b. See answer to XVI.a. c. There are no air traffic issues associated with the proposal. d. All road improvements are subject to compliance with accepted traffic engineering standards which are intended to reduce traffic hazards. There are no incompatible uses which have been identified with this project. No significant impact noted. e. The proposal would not impact any emergency management agency's ability to access the area regarding emergency situations. No significant impact noted. f. The project is not anticipated to be inconsistent with any policies or programs supporting alternative transportation and shall by ordinance be required to pay transportation impact fees which in part are used to support mass transit (acquisition of buses for GET). XVII. UTILITIES AND SERVICE SYSTEMS a. This project will be connected to sanitary sewer and will meet the requirements of the Regional Water Quality Control Board. No potential significant impacts have been identified. b. The proposed development would not result in the need for significant additional systems or substantially alter the existing water or wastewater facilities. Expansion of all utilities would be required to serve this development, but the impact is not considered significant. c. Almost all new development requires the construction of new storm water facilities, the construction of which is typically an extension of the existing system. This incremental improvement is not considered to be a significant impact. SAGPAs1GPA 4th 2014114-0222Weg-Dec Initial Study 2014 dx Page 22 of 24 CC Meeting 11105114 364 d. The proposed development would not result in a need for significant additional systems or substantially alter the existing water utilities in the area. Expansion of water utilities would be required to serve this development, but the impact is not considered significant. e. The City of Bakersfield is the waste water treatment provider and has indicated there is sufficient capacity in the existing plant to serve this project. No significant impact is noted. f. The Bena Landfill serves the Metropolitan Bakersfield area. The landfill will not need significant new or substantially altered facilities to accommodate this project. No significant impact is noted. g. The project will not breach published national, state or local standards relating to waste reduction, litter control or solid waste disposal. See answer to XVll.f. No significant impact is noted. XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a. The project is subject to the terms of the Metropolitan Bakersfield Habitat Conservation Plan and associated Section 10 (a)(1)(b) and Section 2801 permits issued to the City of Bakersfield by the United States Fish and Wildlife Service and the California State Department of Fish and Wildlife, respectively. Terms of the permit require applicants for all development projects within the plan area to pay habitat mitigation fees, excavate known kit fox dens, and notify agencies prior to grading. Compliance with the plan mitigates biological impacts to a level that is less than significant. Therefore, the proposal would not have a significant effect on the environment. b. As described in the response above, the proposal has no impacts that would be defined as individually limited but cumulatively considerable. The project is only proposing to develop 168 multi-family family dwelling units on 7.28 acres. c. As described in the responses above, the proposal would not adversely impact human beings, either directly or indirectly. BIBLIOGRAPHY/REFERENCE LIST 1. The Metropolitan Bakersfield General Plan, City of Bakersfield, adopted by Resolution No. 222- 02 on December 11, 2002, became effective of February 26, 2003 2. The City of Bakersfield Metropolitan Bakersfield General Plan Update Draft Environmental Impact Report (DEIR), State Clearinghouse (SCH) # 1989070302, by Robert Bein, William Frost & Associates (RBF Consulting) for the City of Bakersfield and County of Kern, June 26, 2002 3. The City of Bakersfield Metropolitan Bakersfield General Plan Update Final Environmental Impact Report (FEIR), State Clearinghouse (SCH) # 1989070302, by Robert Bein, William Frost & Associates (RBF Consulting) for the City of Bakersfield and County of Kern, December 11, 2002 4. FEIR Metropolitan Bakersfield Habitat Conservation Plan (MBHCP), Thomas Reid Associates for the City of Bakersfield and the County of Kern, March 1991 5. MBHCP, Advisory Notice to Developers, 10 (a)(1)(b) and 2081 permits, 1994 6. Implementation/Management Agreement by and among the United States Fish and Wildlife Service, California Department of Fish and Wildlife, City of Bakersfield and County of Kern 7. Title 17, Zoning Ordinance, Bakersfield Municipal Code S IGPAs1GPA 4th 2014114-0222Weg-Dec Initial Study 2014 doc Page 23 of 24 CC Meeting 11105114 365 8. Title 16, Subdivision Map Act, Bakersfield Municipal Code 9. Water Balance Report, City of Bakersfield, 2000 10. Guide for Assessing and Mitigating Air Quality Impacts, San Joaquin Valley Air Pollution Control District, January 10, 2002 as updated 11. Student Generation Rates. February 6, 2003. Kern County Office of Education. Prepared by David Taussig & Associates 12. City of Bakersfield CEQA Implementation Procedures 13. City of Bakersfield Hazardous Materials Area Plan 14. Kern County/Metro Bakersfield Congestion Management Plan 15. Kern County, California-Soil Survey 16. Kern County Airport Land Use Compatibility Plan, 1996, as amended on August 29, 2007. 17. Kern County Flood Evacuation Plan for Kern County and Greater Bakersfield Area below Lake Isabella. 18. Bakersfield Heart Hospital FEIR. 19. Department of Conservation - Kern County Interim Farmland (1986). 20. U.S. Department of Interior, Geologic Survey-Seismic Hazard Atlas. 21. Federal Emergency Management Agency- Flood Insurance Rate Maps. 22. A Cultural Resources Records Search, Prepared by the California Historical Resources Information System at California State University, Bakersfield 23. Evaluation of Traffic Impacts, Prepared by Ruettgers &Schuler, June 18, 2014 24. Phase I Cultural Resource Survey, Prepared by Cornerstone Engineering, Inc. February 2005 25. Biological Resources Assessment, Prepared by Rincon Consultants, Inc. June 2014 S:IGPAsIGPA 4th 2014114-0222Weg-Dec Initial Study 2014 doc Page 24 of 24 CC Meeting 11105114 366 1 S00 30th Street,Suite 260 Bakersfield California 93.301 Phone(661)327-1969 Fax(661)327-1993 June 18, 2014 522-02 U.S. Mail & Electronic Mail Mr. Ken Koss 6420 Via De Cerrito Rancho Murieta, CA 95683 REF: Evaluation of Traffic Impacts for Senior Housing General Plan Amendment and Zone Change East of Fairfax Road and South of State Route 178 Dear Mr. Koss, This letter is in response to your request for an evaluation of whether or not a traffic impact study is required for a proposed GPA and zone change on a 7.28 acre site, located east of Fairfax Road. The project site is located north of Highland Knolls Drive and approximately 1,500 feet east of Fairfax Road. The current General Plan designation and zoning are for single family residential. The proposed GPA and zone change are for multi-family residential, with an R4 zoning. The proposed project associated with the GPA/zone change is a 168 unit active adult senior apartment community, with a minimum age restriction of 55 years old. A comparative estimate of existing and proposed GP/zoning for site trip generation (based on Institute of Transportation Engineers Trip Generation Manual, 9th Edition) is as follows. Table 1 General Information Daily Trips AM Peak Hour Trips PM Peak Hour Trips ITE Development Variable ADT ADT Rate In Out Rate In Out Code Type RATE %Split/ %Split/ %Split/ %Split/ "trips Trips Trips Trips 210 Single-Family detached Housing 40 eq 452 eq 25% 75% eq 63% 37% Dwelling Units 1 9 1 28 29 17 252 Senior Adult Housing(Attached) 168 eq 1 522 eq 34% 1 66% eq 54% 46% Dwelling Units 11 22 23 19 CC Meeting 11105114 367 Ken Koss 522-02 June 18, 2014 Page 2 of 2 From Table 1 it can be seen that the proposed project would generate approximately 15% more overall daily traffic, but 11% and 9% less traffic during the AM and PM peak periods respectively. The City's threshold for the requirement of a traffic impact study is 50 peak hour project trips occurring at any intersection on the street system. With a total peak trip generation of 42 trips, the project does not meet the threshold and therefore a traffic impact study is not required. The cumulative and regional affects of the project's traffic will be covered through the project's participation in the City's Regional Transportation Impact Fee (RTIF) program, payment of which is a standard item of the development process. Please contact me should you have any questions. Very truly yours, oQPOFESs11 SCyUI�y� *John chuler .`'c No.C 51825 EXP. - D'I JDS/bsc s�qr CIT �OF CAL) CC Meeting 11105114 368 Agenda ItemOL B A K E R S F I E L D September 17, 2014 TO: Chair Dodgin and Members of the Planning Commission nn FROM: Douglas N. MClsaac, Community Development Director 7e ti SUBJECT: General Plan Amendment/Zone Change No. 14-0222 (north of Highland Knolls Drive, east of Fairfax Road) Based on the comment letter received and a conversation with Reagen O'Leary, Environmental Scientist with the California Department of Fish and Wildlife, we are revising the first paragraph of the following mitigation measure: 6. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for species covered (Tipton kangaroo rat, San Joaquin kit fox, San Joaquin antelope squirrel, & Bakersfield cactus) under the Metropolitan Bakersfield incidental take permit, and comply with the mitigation measures of the permit as well as provisions of the Metropolitan Bakersfield Habitat Conservation Plan. Survey protocol shall be that recommended by the California Department of Fish and Wildlife. Developer shall be subject to the mitigation measures recommended by the consultant. A copy of the survey shall be provided to the Planning Department prior to ground disturbance. CG S:\GPAs\GPA 4th 2014\1 4-0222\PC Memo.docx CC Meeting 11105114 369 0State of California—Natural Resources Agency EDMUND G.BROWN JR., Govemor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H.BONHAM,Director : ; Central Region *r 1234 East Shaw Avenue Fresno, California 93710 (559)243-4005 www.wildlife.ca.aov w VF Sept 15, 2014 Cin,Seto �S?0 p, o�GO k�RSF1� Cecelia Griego, Associate Planner II ft 4l, City of Bakersfield, Community Development Department 1715 Chester Avenue Bakersfield, California 93301 Subject: Mitigated Negative Declaration Project: General Plan Amendment/Zone Change No. 14-0222 Location: North of Highland Knolls Drive, East of Fairfax Road Dear Ms. Griego: The California Department of Fish and Wildlife (Department) has reviewed the Mitigated Negative Declaration (MND) prepared and submitted by the City of Bakersfield Community Development Department(City)for the General Plan Amendment/Zone Change No. 14-0222 (Project). Approval of the Project would include a general plan amendment to change the land use designation from LR(Low Density Residential)to HR (High Density Residential) and a concurrent zone change from R-1 (One family Dwelling)to R-4/PUD (High Density Multiple Family Dwelling/Planned Unit Development. The Project proposes to construct approximately 168 multi-family dwelling units on the 7.28 acre site. The Project site is undeveloped and located within the northeastern area of the City of Bakersfield; north of Highland Knolls Drive and east of Fairfax Road. The Project has the potential to impact multiple special-status species known to occur in the Project area including, but not limited to, nesting birds; the State and federally endangered Bakersfield cactus (Opuntia basilaris var. treleasei) and blunt-nosed leopard lizard (Gambelia sila), the latter is also a State fully protected species; the State threatened and federally endangered San Joaquin kit fox(Vulpes macrotis mutica); and the State Species of Special Concern Bakersfield legless lizard (Anniella grinnelh), burrowing owl (Athene cunicularia), loggerhead shrike (Lanus ludovicianus), San Joaquin whipsnake (Masticophis flagellum ruddocki), coast homed lizard (Phrynosoma blainvillii), and American badger(Taxidea taxus). The Department recognizes that many of the special-status species listed above would be protected under the proposed mitigation measures in the MND including blunt-nosed leopard lizard, San Joaquin kit fox, American badger, burrowing owl, and other nesting birds. Although, as it is currently drafted, the MND does not provide proposed Conserving California's Wilflife Since 1870 CC Meeting 11105114 370 Cecelia Griego, City of Bakersfield September 15, 2014 Page 2 mitigation measures for Bakersfield cactus or other reptile species, other than blunt-nosed leopard lizard, that likely occur on the Project site. The Project is within the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) and companion California Endangered Species Act(CESA) Incidental Take Permit (ITP) (No. 2081-2013-058-04) planning area issued in August 2014. The Project applicant will be required by the City to pay MBHCP fees and comply with all conditions set forth within the MBHCP and companion ITP. The Department recommends that the City incorporate the conditions of approval required within the above mentioned ITP, (including those specific to Bakersfield cactus) as mitigation measures for the Project's MND. In the September 16, 2013 issue of Breviora, Museum of Comparative Zoology, four new species of California legless lizards were described. The newly described, extremely rare species of Bakersfield legless lizard occurs within the northeastern area of the City of Bakersfield (Papenfuss & Parham, 2013). The continued existence of this species is in question since the known range is small and the majority of it is currently threatened by development. Focused surveys are warranted for this species by a qualified biologist familiar with legless lizards well in advance of Project implementation to determine the use of the Project site by this species. If the Bakersfield legless lizard is present, consultation with the Department is recommended for appropriate Project avoidance and minimization measures for the species. In addition, focused surveys are recommended to be conducted for San Joaquin whipsnake and coast horned lizard by qualified biologists well in advance of Project implementation in order to determine if impacts to these species could occur. The Department recommends blunt-nosed leopard lizard survey efforts include a search for San Joaquin whipsnake and coast horned lizard, and we recommend that biologists performing these surveys clearly include these species in their data sheets. Also, the Department recommends all State Species of Special Concern be avoided whenever possible by delineation and observing appropriate no-disturbance buffers for each species. The Department recommends that the MND clearly define appropriate no- disturbance buffers for each State Species of Special Concern that could be impacted by Project activities. Department Jurisdiction Trustee Agency Authority: The Department is a Trustee Agency with responsibility under the California Environmental Quality Act(CEQA)for commenting on projects that could impact plant and wildlife resources. Pursuant to Fish and Game Code Section 1802, the Department has jurisdiction over the conservation, protection, and CC Meeting 11105114 371 Cecelia Griego, City of Bakersfield September 15, 2014 Page 3 management of fish, wildlife, native plants, and the habitat necessary for biologically sustainable populations of those species. As a Trustee Agency for fish and wildlife resources, the Department is responsible for providing, as available, biological expertise to review and comment upon environmental documents and impacts arising from project activities, as those terms are used under CEQA (Division 13 [commencing with Section 21000] of the Public Resources Code). Responsible Agency Authority: The Department has regulatory authority over projects that could result in the "take" of any species listed by the State as threatened or endangered, pursuant to Fish and Game Code Section 2081. The Project would receive coverage under CESA for the take of species covered under the ITP No. 2081- 2013-058-04. In addition, CEQA requires a Mandatory Finding of Significance if a project is likely to substantially impact threatened or endangered species (sections 21001{c), 21083, Guidelines sections 15380, 15064, 15065). Impacts must be avoided or mitigated to less than significant levels unless the CEQA Lead Agency makes and supports Statement of Overriding Consideration (SOC). The CEQA Lead Agency's SOC does not eliminate the Project proponent's obligation to comply with Fish and Game Code Section 2080. Unlisted Species: Species of plants and animals need not be officially listed as Endangered, Rare, or Threatened (E, R, or T) on any State or federal list to be considered E, R, or T under CEQA. If a species can be shown to meet the criteria for E, R, or T, as specified in the CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Section 15380), it should be fully considered in the environmental analysis for the Project. Fully Protected Species: The Department has jurisdiction over fully protected species of birds, mammals, amphibians, reptiles, and fish pursuant to Fish and Game Code Sections 3511, 4700, 5050, and 5515. 'Take" of any fully protected species is prohibited and the Department cannot authorize their"take". Bird Protection: The Department has jurisdiction over actions which may result in the disturbance or destruction of active nest sites or the unauthorized take of birds. Fish and Game Code sections that protect birds, their eggs and nests include sections 3503 (regarding unlawful "take", possession or needless destruction of the nest or eggs of any bird), 3503.5 (regarding the "take", possession or destruction of any birds-of-prey or their nests or eggs), and 3513 (regarding unlawful "take" of any migratory nongame bird). More information on survey and monitoring protocols for sensitive species can be found at the Department's website (www.dfa.ca.gov/wildlife/nongame/survey monitor.html). If CC Meeting 11105114 372 Cecelia Griego, City of Bakersfield September 15, 2014 Page 4 you have any questions on these issues, please contact Reagen O'Leary, Environmental Scientist, at the address provided on this letterhead, by telephone at (559) 243-4014, extension 244, or by electronic mail at Reagen.OLeary(cD-wildlife.ca.gov. Sincere , I Jeffrey . Single, Ph.D. Regional Manager cc: Thomas Leeman United States Fish and Wildlife Service 2800 Cottage Way, Room W-2605 Sacramento, California 95825-1846 Ken Koss 6420 Via Del Cerrito Rancho Murieta, California 95683 CC Meeting 11105114 373 Cecelia Griego, City of Bakersfield September 15, 2014 Page 5 Literature Cited Papenfuss, T. J. & J. F. Parham. 2013. Four New Species of California Legless Lizards (Anniella). Breviora, Museum of Comparative Zoology. Cambridge, Massachusetts. Number 536: 1-17. CC Meeting 11105114 374 OF AHR fi •; S ADMINISTRATIVE REPORT ITO MEETING DATE: 11/5/2014 Consent Calendar Public Hearings 9. b. TO: Honorable Mayor and City Council FROM: Douglas N. Mclsaac, Community Development Director DATE: 10/13/2014 WARD: Ward 1 SUBJECT: U.S Department of Housing and Urban Development (HUD) Fiscal Year 2014/2015 Action Plan Amendment No. 2: 1 . Increase the Dr. Martin Luther King Jr. Community Center Gym Rehabilitation Project by $146,858 in Community Development Block Grant funds to replace the gymnasium hardwood floor. 2. Transfer $146,858 Capital Outlay Fund Balance to the Community Development Block Grant Fund to reimburse HUD for prior year project costs deemed ineligible. STAFF RECOMMENDATION: Staff recommends approval of the amendment and transfer of funds. BACKGROUND: The City of Bakersfield has continuously funded capital improvements at the Dr. Martin Luther King Jr. Community Center and Park. This location consists of a community center, including a multipurpose room, gymnasium, and kitchen; large picnic areas; pool and spray park; tennis and racquetball courts; and a baseball field. The community center currently serves over 40,000 youth and adults annually. Recent improvements include renovating the kitchen and public restrooms, acquiring new weight room equipment, repainting walls and cabinets, resurfacing the tennis courts, and installing or refurbishing the floors throughout most of the community center. Nearly $200,000 has been spent on renovating the community center and park over the last few years. In addition, a pending improvement includes approximately $100,000 in funds to replace the existing gymnasium ceiling due to the deterioration of numerous ceiling tiles over time. The most significant remaining capital improvement need within community center is the replacement of the gymnasium hardwood floors. The current hardwood floors are nearing 40 years old, which is the average life span of such flooring. The existing hardwood flooring has uneven surfacing, "dead spots" (i.e., locations that have inconsistent bounce), and indents embedded from the previous bleachers. Staff recommends approving this amendment to reprogram $146,858 in Community Development Block Grant (CDBG) funds to install new hardwood floors. The City has CDBG funds available in the respective amount due to a U.S. Department of Housing and Urban Development (HUD) corrective action, described below. CC Meeting 11105114 375 In June 2014 the City's CDBG program was subject to a HUD onsite monitoring regarding compliance with program regulations. An activity reviewed by HUD staff was the Bakersfield Airpark Landscaping Project, which was constructed to enhance the neighborhood by providing a landscape strip along the perimeter of the airport to benefit the residential and business communities. HUD staff subsequently determined that the project was considered an ineligible activity due to a specific federal requirement. Although the activity was located in a low and moderate-income area as required, HUD staff determined the project area did not meet an additional requirement of being primarily residential in nature. As a corrective action, HUD requires that the City return $146,858 in local funds to its CDBG letter of credit, which is the amount of funds expended on the Bakersfield Airpark Landscaping Project. To replace the project costs, staff recommends appropriating the same amount from the Capital Outlay Fund Balance to CDBG Fund. In return, the City receives $146,858 in CDBG funds available to allocate to the recommended project (i.e., gymnasium hardwood floors). Please be advised that the City does not incur any financial reduction in CDBG funds. Instead, the City must reallocate funding sources as a corrective action to remediate the HUD finding. In accordance with HUD regulations and the City's Citizen Participation Plan, a 30-day public notice for the amendment to solicit public input was published on October 7, 2014. No comments have been received to date. Pursuant to communication with HUD staff, the City is required to perform this corrective action no later than December 8, 2014. ATTACHMENTS: Description Type ❑ Action Plan Amendment Backup Material CC Meeting 11105114 376 AMENDMENT NO. 2 FY 14/15 ACTION PLAN - B-14-MC-06-0510 Project ID Budgeted Budget Revised Project Title & Description Activity Code/ Amount of Changes Total Citations/Nat./Obj. Funds Funding INCREASE MLK Community Center Gym Rehab 03F $101,850 $146,858* $248,708 Facilities improvements to MLK Parks, Community Center Gym at the corner of Recreational California Avenue and Owens Street. Facilities 570.201 (c) * Available through repayment of local funds to CDBG letter of credit CC Meeting 11105114 377 ADMINISTRATIVE REPORT o� MEETING DATE: 11/5/2014 New Business 13. a. TO: Honorable Mayor and City Council FROM: Roberta Gafford, City Clerk DATE: 10/10/2014 WARD: SUBJECT: Resolution setting the dates of Regular City Council Meetings, Budget Hearings, and Department Budget Presentations for January through December 2015. STAFF RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: This resolution sets forth the regular City Council Meetings, Budget Hearings and Department Budget Presentations for 2015. Meetings are held in the Council Chambers and begin at 3:30 p.m. and 5:15 p.m., with the exception of the June 24th meeting, which commences at 5:15 p.m. National holidays, spring break, conflicting board meetings, League of California Cities Conferences and budget deadlines were taken into consideration in preparing the calendar. The Budget Hearing is scheduled for June 3, 2015, at 5:15 p.m., or as soon thereafter as the matter may be heard, and adoption of the Budget is set for June 24, 2015. Department Budget Presentation are scheduled for May 6th, May 20th, June 3rd, and June 24th. One meeting is scheduled during the months of February, April, July, August, October, and December. ATTACHMENTS: Description Type n Resolution setting meeting dates Resolution ❑ Exhibit- Calendar Exhibit CC Meeting 11105114 378 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD SETTING THE DATES FOR REGULAR MEETINGS OF THE CITY COUNCIL, DEPARTMENT BUDGET PRESENTATIONS AND BUDGET HEARING FOR JANUARY THROUGH DECEMBER 2015. WHEREAS, pursuant to Section 2.04.010 of the Municipal Code of the City of Bakersfield, the Council may, from time to time, by resolution, change the meetings to be held during any specified period of time. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that the Regular City Council Meetings will be held on Wednesdays in the Council Chambers at 3:30 P.M. and 5:15 P.M., Department Budget Presentations will be held at 5:15 P.M., or as soon thereafter, and Budget Hearings will be held at 5:15 P.M., or as soon thereafter, as shown below and on Exhibit "A" attached hereto: REGULAR CITY COUNCIL MEETINGS (Wednesdays at 3:30 p.m. and 5:15 p.m.) January 7, 2015 May 6, 2015 September 16, 2015 January 21, 2015 May 20, 2015 October 14, 2015 February 11 , 2015 June 3, 2015 November 4, 2015 March 4, 2015 July 22, 2015 November 18, 2015 March 25, 2015 August 12, 2015 December 9, 2015 April 22, 2015 September 2, 2015 REGULAR CITY COUNCIL MEETING (Wednesday at 5:15 p.m.) June 24, 2015 BUDGET HEARINGS AND DEPARTMENT PRESENTATIONS May 6, 2015 May 20, 2015 June 3, 2015 June 24, 2015 (Adoption) ---------000---------- CC Meeting 11105114 379 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: 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: Exhibit A :rg S:\COUNCIL\RESOLUTNS\MTGDATES2015 10/29/14 - 2 - CC Meeting 11105114 380 SCHEDULED MEETINGS BAKERSFIELD CITY COUNCIL JANUARY 2015 THROUGH DECEMBER 2015 Resolution No. F—IREGULAR MEETINGS BUDGET MEETING& PRESENTATIONS BEGIN @ 3:30 P.M. & 6:16 P.M. Hearing on 613, Adoption on 6124 *No 3:30 p.m. meeting on 6124 =Holidays-City Hall Closed JANUARY FEBRUARY MARCH S M T W TH F S S M T W TH F S S M T W TH F S 1 2 3 1 2 3 4 5 6 7 1 2 3 41 5 6 7 4 5 6 7 8 9 10 8 9 10 11 12 13 14 8 9 10 11 12 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 15 16 17 18 19 20 21 18 19 201 211 22 23 24 22 23 24 25 26 27 28 22 23 24 25 26 27 28 251 261 27 28 291 29 30 31 APRIL MAY JUNE S M T W TH F S S M T W TH F S S M T W TH F S 1 2 3 4 1 2 1 2 3 4 5 6 5 6 7 8 9 10 11 3 4 5© 7 8 9 7 8 9 10 11 12 13 12 13 14 15 16 17 18 10 11 12 13 14 15 16 14 15 16 17 18 19 20 19 20 21 22 23 24 25 17 18 1911 201, 21 22 23 21 22 23,,24 25 26 27 261 271 28 29 301 24 25 26 27 28 29 30 28 29 30 31 JULY AUGUST SEPTEMBER S M T W TH F S S M T W TH F S S M T W TH F S 1 2 3 4 1 1 2 3 4 5 5 6 7 8 9 10 11 2 3 4 5 6 7 8 6 7 8 9 10 11 12 12 13 14 15 16 17 18 9 10 11 12 13 14 15 13 14 15 16 17 18 19 19 20 21 22 23 24 25 16 17 181 19 20 21 22 1 20 21 22 23 24 25 26 261 271 28 29 301 31 23 24 25 261 271 28 29 27 28 29 30 30 31 OCTOBER NOVEMBER DECEMBER S M T W TH F S S M T W TH F S S M T W TH F S 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 7 8 9 10 11 12 11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19 181 191 20 21 22 231 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26 251 261 271 281 29 30 31 29 301 1 291 301 31 CC Meeting 11105114 381