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05/20/15 CC AGENDA PACKET
Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 3:30 PM REGULAR MEETING - 3:30 PM 1. ROLL CALL 2. PUBLIC STATEMENTS 3. CLOSED SESSION a. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Section 54957(b)(1) / 54957.6. b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) regarding Truxtun Court Partners, et al. v. City of Bakersfield Kern County Superior Court Case No. S- 1500 -CV- 278941, DRL. 4. CLOSED SESSION ACTION 5. WORKSHOPS 6. ADJOURNMENT 5120115 CC AGENDA PACKET PAGE 1 fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 Closed Session 3. a. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 5/7/2015 WARD: SUBJECT: Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Section 54957(b)(1) / 54957.6. STAFF RECOMMENDATION: BACKGROUND: 5120115 CC AGENDA PACKET PAGE 2 fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 Closed Session 3. b. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 5/14/2015 WARD: SUBJECT: Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d)(1) regarding Truxtun Court Partners, et al. v. City of Bakersfield Kern County Superior Court Case No. S- 1500 -CV- 278941, DRL. STAFF RECOMMENDATION: BACKGROUND: 5120115 CC AGENDA PACKET PAGE 3 0 1/ �l BAKERSFIELD CITY COUNCIL AGENDA MEETING OF MAY 20, 2015 Council Chambers, City Hall,1501 Truxtun Avenue Regular Meeting 5:15 PM REGULAR MEETING - 5:15 PM 1. ROLL CALL 2. INVOCATION by Pastor Hayward Cox, Church of God. 3. PLEDGE OF ALLEGIANCE by Zeria Martin, 6th grade student at Columbia Elementary School. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Jason Cater, Executive Director of Bike Bakersfield, declaring May, 2015 Bike Month. b. Presentation by Mayor Hall of a Proclamation to Ian Parks, local President of the American Public Works Association, declaring May 17 -23, 2015, National Public Works Week. C. Presentation to Mayor Hall of a check for $31,000 by David Womack, Executive Director, Kaiser Permanente Kern County, and Kristin Weber, Senior Community Benefit Specialist, Kaiser Permanente Kern County, to fund the Recreation and Parks Department's Operation Splash program. 5. PUBLIC STATEMENTS a. Written material submitted during Public Statements portion of the meeting. 6. WORKSHOPS a. Department Budget Presentation: 1. Police Department 2. Water Resources Department 7. APPOINTMENTS 8. CONSENT CALENDAR Staff recommends adoption of Consent Calendar items. Minutes: a. Approval of minutes of the May 6, 2015, Regular City Council Meetings. 5120115 CC AGENDA PACKET PAGE 4 Payments: b. Receive and file department payments from April 24, 2015 to May 7, 2015 in the amount of $11,847,821.93, Self Insurance payments, from April 24, 2015 to May 7, 2015 in the amount of $228,177.20, totaling $12,075,999.13. Ordinances: Ward 4 C. Zone Change No. 15 -0015; McIntosh & Associates, representing Diamond Farming Company, the property owner, has applied for a Zone Change to establish pre- zoning on 563.74 acres located along the south side of Stockdale Highway, between Nord Avenue (future alignment) and the Union Pacific Railroad. A categorical exemption applies to this project. (ZC # 15 -0015) 1. First Reading of Ordinance amending Title 17 of the Municipal Code to change the zone district located along the south side of Stockdale Highway, generally between Nord Avenue (future) and the Union Pacific Railroad (ZC No. 15- 0015). Resolutions: Ward 2 d. Resolution authorizing the filing of an application with the Kern Council of Governments for allocation of Transportation Development Act funds for Fiscal Year 2015 -16 ($420,361) for the maintenance of the Bakersfield Amtrak Station during said fiscal year. Ward 7 e. Resolution approving an application to the Kern County Local Agency Formation Commission to annex uninhabited territory to the City identified as Annexation No. 653 located at the southwest corner of Taft Highway and Chevalier Road. Resolution determining that the installation of the Rain Bird Maxicom Irrigation Systems cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $200,000. g. Resolution determining that Globe® Turnout Clothing is the Fire Department standard and it cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $154,000. Ward 6 h. Resolution determining that certain Vaughan Chopper Pumps for Wastewater Treatment Plant No. 3 cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $135,000. i. Resolution specifying the reimbursement by California Governor's Office of Emergency Services (Cal -OES) to the City of Bakersfield for Fire Department members compensation rates in accordance with the current City Memorandum of 5120115 CC A EN A PACKET PAGE 5 Understanding (MOU). Ward(s) 1, 2, 3, 7 j. 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 2 -59 (northeast corner of Ming Avenue & Hughes Lane) 2. Area 4 -132 (southwest corner of 20th Street & F Street) 3. Area 4 -133 (southeast corner of Gilmore Avenue & Buck Owens Boulevard) 4. Area 5 -78 (3000 Gateway Avenue) Ward(s) 1, 6 k. Resolutions of Intention (ROI) adding the following territories to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report for each: 1. ROI No. 1843 adding Area 2 -60 (4516 District Boulevard) 2. ROI No. 1844 adding Area 4 -134 (318 S. Owens Street) 3. ROI No. 1845 adding Area 4 -135 (1415 & 1422 E. 9th Street) Agreements: Ward 3 I. Agreement with PG &E ($12,007.00) to purchase 18 streetlights located along Kimberly Avenue and Hooper Avenue in order to realize electricity cost savings. Ward 1 M. Agreement with the County Sanitation District No. 2 of Los Angeles County for the sale of wood chips from the Mount Vernon Recycling Facility (Anticipated Annual Revenue to City is estimated at $71,500). Ward 4 n. Agreement with ABS Surplus -O LLC, and indemnification of Albertsons, to allow the City to utilize a vacant lot at the southwest corner of Stockdale Highway and Buena Vista Road on July 4, 2015, to accommodate additional parking for the Fourth of July Event at The Park at River Walk. Ward 3 0. Cooperative Agreement with the State of California Department of Transportation (Caltrans) for the construction of the SR -99 and Rosedale Highway Off -Ramp Project (TRIP). Ward(s) 4, s, 6, 7 p. Amendment No. 1 to Agreement No. 14 -141 with Sierra Construction and Excavation, Inc. ($1,000,000; revised not to exceed $2,000,000 and extend term one year), for the continued annual maintenance and repairs on the City's domestic water system. Property Acquisition Agreements - TRIP: Ward 2 q. Agreement with Lorena Alvarez ($136,500) to purchase real property located at 14 Dunlap Street for the Centennial Corridor Project. Ward 2 r. Agreement with Joseph Balbona ($121,000) to purchase real 5120115 CC A EN A PACKET PAGE 6 property located at 105 Dunlap Street for the Centennial Corridor Project. Ward 2 S. Agreement with Mario Hernandez - Orozco and Martha Hernandez ($272,000) to purchase real property located at 4501 Woodlake Drive for the Centennial Corridor Project. Bids: Miscellaneous: t. Appropriate $31,500 from Kaiser Permanente Southern California Fund grant revenues to the Recreation and Parks Operating Budget within the General Fund to provide swim lessons and passes to children and adults (Operation Splash). Ward 1 U. Appropriate $200,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 2) to the Public Works Department's Operating budget to fund electricity and repair and maintenance costs. V. Appropriate $15,000 State Grant Revenue to the California Unified Program Agency (CUPA) Fund Operating Budget for wireless service. Ward(s) 5, 6 W. Appropriate $48,333 Transportation Development Act Article 3 Grant funding to the Public works Department's Capital Improvement Budget within the Bikeway and Pedestrian Pathway Fund for bike routes /lanes on various streets in Southwest Bakersfield. Successor Agency Business: 9. CONSENT CALENDAR PUBLIC HEARINGS Staff recommends conducting Consent Calendar Public Hearing and approval of items. 10. HEARINGS 11. REPORTS a. Department Budget Presentation: 1. Public Works Department 12. DEFERRED BUSINESS 13. NEW BUSINESS 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT 5120115 CC AGENDA PACKET PAGE 7 fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 Presentations 4. a. TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: 3/27/2015 WARD: SUBJECT: Presentation by Mayor Hall of a Proclamation to Jason Cater, Executive Director of Bike Bakersfield, declaring May, 2015 Bike Month. STAFF RECOMMENDATION: BACKGROUND: 5120115 CC AGENDA PACKET PAGE fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 Presentations 4. b. TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: 5/7/2015 WARD: SUBJECT: Presentation by Mayor Hall of a Proclamation to Ian Parks, local President of the American Public Works Association, declaring May 17- 23, 2015, National Public Works Week. STAFF RECOMMENDATION: BACKGROUND: 5120115 CC AGENDA PACKET PAGE 9 fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 Presentations 4. c. TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: 3/27/2015 WARD: SUBJECT: Presentation to Mayor Hall of a check for $31,000 by David Womack, Executive Director, Kaiser Permanente Kern County, and Kristin Weber, Senior Community Benefit Specialist, Kaiser Permanente Kern County, to fund the Recreation and Parks Department's Operation Splash program. STAFF RECOMMENDATION: BACKGROUND: 5120115 CC AGENDA PACKET PAGE 1 TO: Honorable Mayor and City Council FROM: Roberta Gafford, City Clerk DATE: 5/27/2015 WARD: SUBJECT: Written material submitted during Public Statements portion of the meeting. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description D Stacy Enns D Dennis Fox Type Correspondence Correspondence 5120115 CC AGENDA PACKET PAGE 11 RECT & PLACED ON FILE MCOUNGIL MEETING OF Public statement May 20 Topic: overpopulation of dogs and cats and the continuous backyard breeding of dogs in Bakersfield 5120115 CC AGENDA PACKET PAGE 12 Are you interested in adopting a dog from the Shelter? Is it too overwhelming and sad for you to venture inside the Shelter? If so, I CAN HELP! There are many puppies and "`� ' "�� �r, dogs to choose from, and I willing to go the Shelter to do the legwork for you, assisting you in finding the right doggie companion for your home. :spa Dogs are my PASSION, and I am committed to helping them finding a loving home. If you are looking for that special dog to bring you companionship and love, then please contact me. Stacy @ (661) 900 -2059 5120115 CC A EN A PACKET PAGE 13 ^ D 7U, E N i. .. Letterman's List May 20th 2015 Somewhat over a year or so ago Dave Letterman, in his monologue declared a New York proposed project to be "so dumb it sounds like something they'd do in Bakersfield."' So: 10 Environmentalists for over 30 years have deplored cotton as an expensive water use on a cheap thirsty crop, but now like it as you can't fallow orchards. 9 Jane Fonda and her retinue have protested gas or nuclear power plants, but they do like electric trains, cars and gadgets which must use water for generation. 8 Local water users agreed to pay for the State Water Project, whether they got water or not. 7 The County of Kern decided to fix this problem by having property owners of urban Bakersfield, which uses little water from the State pay for most of it for the entire County by a hidden property tax called the Zone of Benefit #7. 6 The taxpayers also bought the Water Bank, now Paramount's Ponds a 23,000 acre water mine that is given a local tax break, as are also the company's industrial park on 7th Standard and its mile long processing plant at Lost Hills. 5 The million and one half acre feet that was also given to Paramount at the Water Bank being mined profitably and exported, none remains for its original purpose of reserve for drought emergency, so water is being bought and brought from the Sacramento Valley so it too can have its water table drop and experience subsidence. 4 Lest this fresh water from the North keep salt water from ruining the Delta, which is California's best farmland, especially since Bakersfield has decided its farmland best grows houses, 35,billion dollar tunnels are needed -to be mainly funded not by the State but by Bakersfield 's property owners..... of course...... again. 3 Counties, such as Merced, have just banned water mining for export: in Bakersfield it is encouraged by both the Benefit Zone and its water migrating over to the mine. The new cotton trailer sign should read: "Using water for ag is such a drag, abut we find it is gold when it gets sold ". 2 As City residents conserve water for the Benefactor of Beverly Hills benefit, service costs remain so rates increase- a tax on being nice, just as eliminating tiered pricing is also a tax on being nice. #1!! Just as Bakersfield is providing even more monologue materiel on this subject -let alone others - Dave has decided to retire tonight. 5120115 CC AGENDA PACKET PAGE 14 fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 WORKSHOPS 6. a. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: 5/8/2015 WARD: SUBJECT: Department Budget Presentation: 1. Police Department 2. Water Resources Department STAFF RECOMMENDATION: BACKGROUND: Staff from the Police Department and Water Resources Department will provide a detailed overview of their FY 2015 -16 proposed operating budgets. The budget overviews will include discussion regarding the goals, accomplishments, and significant budget changes for each department. ATTACHMENTS: Description D BPD PowerPoint presentation D Water Resources PowerPoint presentation Type Pare eiretafiioire Pare eiretafiioire 5120115 CC AGENDA PACKET PAGE 15 (J) O O O L- N CO Lf) to Ift d' d' w CO qr- 1**- rZ w LO 00 n N CO w 00 00 d' d' � CO M r� N N U LO 00 I dam' W 00 O 00 m d' N LO Q N T- 00 O LM .iQ 0 MAP 0 m M c� O U) m 0 CL 0 ._ > E B U \V U LM U 0 Irm C0 a-+ 5120115 CC A EN A PACKET PAGE 17 r� w 5120115 CC A EN A PACKET PAGE 17 W Is o • �r�'� Q CO O CO N_ IM o ' W M O O d' hi ® 0 C7 ti Ift O CO r � � 00 co � 0) " O O n Ift co co o� 61% tp.* tp.* tp.* d' O 0) M 0) O M M �f W CO O 00 Z d' d' Lo O o M T- M ti r, W o) Lo (0 0 N M M 00 00 ' W W / V M LL LL LL: DC < ' to to Q W to W W LL LL H °C Z Q Cl) W w � E Yci c c? 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M�:. iO4ati41�Milir� ADMINISTRATIVE REPORT MEETING DATE: 5/20/2015 Consent -Minutes a. TO: Honorable Mayor and City Council FROM: Roberta Gafford, City Clerk DATE: 4/16/2015 WARD: SUBJECT: Approval of minutes of the May 6, 2015, Regular City Council Meetings. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description D Minutes Type BaCkUa p 1Mateh4l 5120115 CC AGENDA PACKET PAGE 76 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MAY 6, 2015 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings - 3:30 p.m. and 5:15 p.m. REGULAR MEETING - 3:30 p.m. 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Hanson, Councilmembers Rivera, Maxwell, Weir, Smith, Sullivan (seated at 3:32 p.m.), Parlier Absent: None 2. PUBLIC STATEMENTS a. The following individuals spoke in support of the 24th Street Widening Project and encouraged staff to continue to work toward the expansion: Michael Hawkesworth; Wayne Kress; and Tomas Del Toro -Diaz. 3. WORKSHOPS None. 4. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9(d) (1) regarding Citizens Against the 24TH Street Widening Project v. City, Kern County Superior Court Case No. S- 1500 -CV- 281556 -KCT. b. Public Employee Performance Evaluation - City Manager; Closed session pursuant to Government Code Section 54957(b) (1) / 54957.6. C. Conference with Labor Negotiator pursuant to Government Code section 54957.6. ACTION TAKEN 5120115 CC AGENDA PACKET PAGE 77 4. 5. 5. Bakersfield, California, May 6, 2015 - Page 2 CLOSED SESSION continued ACTION TAKEN City Clerk Gafford announced a memorandum was received from staff transmitting correspondence received by Scott Kuney regarding the 24th Street Improvement Project. Motion by Vice -Mayor Hanson to adjourn to Closed APPROVED Session at 3:37 p.m. Motion by Vice -Mayor Hanson to adjourn from Closed APPROVED Session at 5:05 p.m. CLOSED SESSION ACTION a. Conference with Legal Counsel - Existing NO REPORTABLE Litigation; Closed Session pursuant to ACTION Government Code Section 54956.9(d) (1) regarding Citizens Against the 24TH Street Widening Project v. City, Kern County Superior Court Case No. S- 1500 -CV- 281556 -KCT. b. Public Employee Performance Evaluation - City CONTINUED TO Manager; Closed session pursuant to NEXT MEETING Government Code Section 54957(b) (1) / 54957.6. c. Conference with Labor Negotiator pursuant to NO REPORTABLE Government Code section 54957.6. ACTION ADJOURNMENT Mayor Hall adjourned the meeting at 5:15 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 5120115 CC A EN A PACKET PAGE 78 Bakersfield, California, May 6, 2015 - Page 3 REGULAR MEETING -5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Hanson, Councilmembers Rivera, Maxwell, Weir, Smith, Sullivan, Parlier Absent: None 2. INVOCATION by Pastor Toure Tyler, The Cross Christian Church. 3. PLEDGE OF ALLEGIANCE by Clara McGee, kindergarten student at Patriots Elementary School. Mayor Hall acknowledged the students from the Bakersfield College Philosophy class in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation by Mayor Hall of a Proclamation to Tiffany Moore Nichols, American Legion Auxiliary President, declaring May, 2015, "Poppy Month ". Ms. Nichols accepted the Proclamation and made comments. b. Presentation by Mayor Hall of an Award of Merit conferred by the California Association for Local Economic Development Awards of Excellence Program to David Lyman, Manager of the Bakersfield Convention and Visitors Bureau, for that organization's outstanding efforts and achievements in economic development advertising, marketing, and promotion during 2014. Mr. Lyman accepted the Award and made comments. 5. PUBLIC STATEMENTS a. Jeffrey Jackson, representative of Freedom Energy, presented material and spoke regarding the Houston based company and how they can help with the water crisis and energy solutions. ACTION TAKEN 5120115 CC AGENDA PACKET PAGE 79 Bakersfield, California, May 6, 2015 - Page 4 5. PUBLIC STATEMENTS continued ACTION TAKEN b. Jason Cater, Executive Director for Bike Bakersfield, thanked the City Council and staff for their support of Bike Bakersfield; announced May is Bike Month and spoke regarding Bike to School day, where bicycle safety is taught to local kids; announced several other events are planned this month in partnership with different groups in the community; and invited the Council to join them for Bike to Work Day on May 15th at 7:00 a.m., where bicyclists will ride to the Liberty Bell on the corner of Truxtun Avenue and Chester Avenue for refreshments. Mayor Hall requested Mr. Cater contact him to discuss the possibility of holding a bicycle parade to promote bike safety. C. Michael Hawkesworth and Wayne Kress spoke in support of the 24th Street Widening Project and encouraged staff to continue to work toward the expansion. e. Dennis Fox, member of the Kern Asthma Coalition, announced that May is World Asthma month; and invited the Council to attend an event at the schools building on May 30th. 6. WORKSHOPS a. Presentation of the Proposed FY 2015 -16 Budget. City Manager Tandy made staff comments and provided a PowerPoint presentation. Assistant City Manager Huot presented the financial overview and provided a PowerPoint presentation. Councilmember Rivera requested staff provide a monetary value to the proposed sewer and refuse increases. Councilmember Maxwell requested to be provided with a breakdown of exactly how the City is spending the gas tax, traffic impact fees, transient occupancy tax and utility surcharges on TRIP projects and how much money is remaining. 5120115 CC AGENDA PACKET FACE Bakersfield, California, May 6, 2015 - Page 5 7. APPOINTMENTS ACTION TAKEN a. One appointment to the Planning Commission due to the expiration of term of David Strong (Ward 1), whose term expires April 30, 2015. Motion by Councilmember Rivera to reappoint David APPROVED Strong to a 4 -year term on the Planning Commission, whose term expires on April 30, 2019. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the April 22, 2015, Regular City Council Meetings. Payments: b. Receive and file department payments from April 10, 2015 to April 23, 2015 in the amount of $16,903,410.62, Self Insurance payments, from April 10, 2015 to April 23, 2015 in the amount of $215,128.91, totaling $17,118,539.53. C. Payment of $180 from the City's General Fund for contribution to the Downtown Bakersfield Development Corporation (DBDC) for the electrical costs for year -round lighting in the alley adjacent to the City's parking structure between H and Eye Street. Ordinances: d. Adoption of Ordinance amending Chapter ORD 4805 5.12 of the Municipal Code relating to bingo games, and enacting Chapter 5.13 relating to remote caller bingo. (FR 04122115) Resolutions: e. Resolution confirming approval by the City RES 041 -15 Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and the demolishment of dangerous buildings and authorizing collection of the assessments by the Kern County Tax Collector. 5120115 CC A EN A PACKET PAGE 81 1.3 Bakersfield, California, May 6, 2015 — Page 6 CONSENT CALENDAR continued ACTION TAKEN Sewer Connection fee assessment for 1717 Hendricks Lane: 1. Resolution confirming assessment for RES 042 -15 sewer connection and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Scott A. Doolittle and AGR 15 -111 Jacque V. Doolittle Revocable Living Trust of 2002 to pay sewer connection fees through the Kern County Tax Collector. g. Resolution of Intention No. 1836 preliminarily ROI 1836 adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District ( "CMD" herein) and the 2015 -2016 budget and setting the time and place for hearing protests regarding the amount of park landscaping assessments to be levied throughout the CMD. h. Resolution of Intention No. 1837 preliminarily ROI 1837 adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District ( "CMD" herein) and the 2015 -2016 budget and setting the time and place for hearing protests regarding the amount of street and median landscaping assessments to be levied throughout the CMD. Resolution of Intention No. 1838 preliminarily ROI 1838 adopting, confirming and approving the Public Works Director's Report for twenty (20) Traffic Signal Maintenance Districts ( "TSMD" herein) and their 2015 -2016 budgets and setting the time and place for hearing protests on the amount of Traffic Signal assessments to be levied for each TSMD. Agreements: Final Map and Improvement Agreement with AGR 15 -112 Sablewood Gardens, LLC (50 %) and Urban ABS SMITH Land Advisors, LLC (50 %) for Tract 6921 located on the north side of Rosedale Highway, west of Allen Road. 5120115 CC AGENDA PACKET PAGE 82 E3 Bakersfield, California, May 6, 2015 - Page 7 CONSENT CALENDAR continued k. Voice over Internet Protocol (VoIP) Phone System: Agreement with AT &T (initial cost not to exceed $155,000; 5 year term) to purchase required equipment for and implement a hosted VoIP phone system. 2. Transfer and Appropriate $155,000 Transient Occupancy Tax Fund Balance to the Information Technology Division Operating Budget within the Equipment Fund. Agreement with Pacific Gas and Electric Company (PG &E) ($549,451.43; 100% Local funds) for the Rule 20B utility relocation of overhead electrical distribution facilities in conflict with the SR -178 Widening Project. (TRIP) M. Amendments to On -Call Civil Engineering Services Agreements: Amendment No. 1 to Agreement 13 -099 with Meyer Civil Engineering, Inc. ($150,000; revised not to exceed $450,000) for additional On -Call Engineering Services for the Capital Improvement Program. 2. Amendment No. 1 to Agreement 13 -100 with Quad Knopf, Inc.($150,000; revised not to exceed $450,000) for additional On -Call Engineering Services for the Capital Improvement Program. 3. Amendment No. 1 to Agreement 13 -101 with Ruettgers & Schuler Civil Engineers ($150,000; revised not to exceed $450,000) for additional On -Call Engineering Services for the Capital Improvement Program. n. Contract Change Order No. 1 to Agreement No. 14 -304 with Bowman Asphalt, Inc. ($35,484.83; revised not to exceed $726,689.83), for the shoulder widening at various locations: Cottonwood Road, Morning Drive, and Old River Road Project. ACTION TAKEN AGR 15 -113 AGR 15 -114 AGR 13- 099(1) AGR 13- 100(1) AGR 13- 101(1) AGR 14 -304 CCO 1 5120115 CC A EN A PACKET PAGE 83 E3 Bakersfield, California, May 6, 2015 - Page 8 CONSENT CALENDAR continued Property Acquisition Agreements - TRIP: o. Agreement with Marita and Pepito Cruz ($130,000) to purchase real property located at 125 Williamson Way for the Centennial Corridor Project. P. Agreement with Ana Ramirez ($142,000) to purchase real property located at 133 Dunlap Street for the Centennial Corridor Project. q. Agreement with Jerry L. Nichols, Trustee of the Jerry L. Nichols Revocable Living Trust ($217,000) to purchase real property located at 3308 Wood Lane for the Centennial Corridor Project. r. Agreement with William Thorton Weymouth and Mellie Weymouth, Trustees of the Weymouth Family Trust ($222,000) to purchase real property located at 4313 Kentfield Drive for the Centennial Corridor Project. Bids: Accept bid and approve contract to High -Light Electric, Inc. ($204,888.00) for Traffic Signal, Lighting, and Synchronization Systems at Harris Road and Mountain Vista Drive, and on Harris Road from Mountain Vista Drive to Buena Vista Road. t. Accept bid and approve contract with Griffith Company ($112,125.00) for Bike Lane Improvements Phase 2: on Akers Road from De Ette Avenue to White Lane, and on Akers Road from Planz Road to Wilson Road. Miscellaneous: U. Appropriate and transfer $55,000 Transient Occupancy Tax (T.O.T.) Fund Balance to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund to design and construct additional seating at the Bright House Networks Amphitheater. ACTION TAKEN AGR 15 -115 DEED 8197 AGR 15 -116 DEED 8198 AGR 15 -117 DEED 8199 AGR 15 -118 DEED 8200 AGR 15 -119 AGR 15 -120 5120115 CC AGENDA PACKET PAGE 84 Bakersfield, California, May 6, 2015 — Page 9 8. CONSENT CALENDAR continued ACTION TAKEN V. Acceptance of FY 2013 -14 Transportation Development Act Funds Audit Reports: Independent Auditor's Reports, Fund Financial Statements, and Supplementary Information. 2. Agreed Upon Conditions for the Fiscal Year Ended June 30, 2014. Successor Agency Business: W. Receive and file Successor Agency payments from April 10, 2015 to April 23, 2015 in the amount of $2,195.45. Councilmember Smith announced that he would abstain due to conflict of interest, the proposed action may have a financial effect on real property in which he has an economic interest, on item 8.j. Motion by Vice -Mayor Hanson to adopt Consent APPROVED Calendar items 8.a. through 8.w. 9. CONSENT CALENDAR PUBLIC HEARINGS a. Public Hearing to consider Consolidated Plan 2015 -2020, Analysis of Impediments to Fair Housing Choice 2015 -2020, Citizen Participation Plan, and First Year Action Plan. b. Public Hearing to consider Resolution approving RES 043 -15 the issuance of tax exempt multifamily housing revenue bonds by the California Municipal Finance Authority to benefit Mill Creek Village CIC, LP (Chelsea Investment Corporation) for the acquisition and construction of a 63 -unit multifamily rental senior housing project located at 508 18th Street, known as the 19th Street Senior Apartments. 5120115 CC AGENDA PACKET FACE 85 9. Bakersfield, California, May 6, 2015 - Page 10 CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN C. Public Hearing to consider approval of the issuance of tax - exempt revenue bonds by American Baptist Homes of the West: Resolution approving the issuance of tax RES 044 -15 exempt revenue bonds by the California Statewide Communities Development Authority to benefit American Baptist Homes of the West for the financing and refinancing of the acquisition, construction, furnishing and equipping of Rosewood Retirement Community located at 1301 New Stine Road. 2. Indemnification agreement between the AGR 15 -121 City and American Baptist Homes of the West. d. Public Hearing to consider General Plan REMOVED FOR Amendment 14-0311; The City has requested a SEPARATE general plan amendment to incorporate CONSIDERATION administrative changes to the Land Use and SEE PAGE 13 Kern River Plan Elements of the Metropolitan Bakersfield General Plan to reflect changes previously adopted by the Kern County Board of Supervisors. Resolution approving the Notice of Exemption and adopting the general plan changes approved by the County of Kern. e. Public hearing to consider General Plan Amendment /Zone Change No. 14 -0480; Rosedale Land Development, Inc., representing Bryan and Marie Batey Family Trust, (property owner), has applied for a general plan amendment and zone change on 94.2 acres located on the west side of Santa Fe Way, north of Austin Creek Avenue. Resolution adopting a Negative RES 046 -15 Declaration. ABS SMITH 5120115 CC AGENDA PACKET PAGE 86 9. 10. Bakersfield, California, May 6, 2015 - Page 11 CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN ITEM 9.E. CONTINUED 2. Resolution approving the general plan RES 047 -15 amendment changing the land use ABS SMITH designation from R -IA (Resource - Intensive Agriculture) and SR (Suburban Residential) to LR (Low Density Residential) and LI (Light Industrial) on approximately 94.2 acres. 3. First reading of ordinance amending the FR Official Zoning Map in Title 17 of the ABS SMITH Municipal Code by changing the zone district from A (Agriculture) and E (Estate) to R -1 (One Family Dwelling), M -1 (Light Manufacturing) and DI (Drilling Island) on approximately 94.2 acres. Consent Calendar Public Hearings opened at 6:36 p.m. Richard Harriman requested item 9.d. be heard in open session. Consent Calendar Public Hearings closed, with the exception of item 9.d., at 6:37 p.m. Councilmember Smith announced that he would abstain due to conflict of interest, a person or entity involved in the proposed action is a source of income to his company, on item 9.e. Motion by Vice -Mayor Hanson to adopt Consent APPROVED Calendar Public Hearings items 9.a., through 9.e., with item 9.d. to be continued after Hearings item 10.a. HEARINGS a. Public Hearing to consider General Plan Amendment /Zone Change No. 14 -0444; McIntosh & Associates, representing Fairfax Holdings, LLP, (property owner), has applied for a general plan amendment and zone change on 17.37 acres located at the northeast corner of south Fairfax Road and east Wilson Road. An appeal of the Planning Commission's decision was submitted by McIntosh & Associates. 1. Resolution adopting a Negative RES 048 -15 Declaration. 5120115 CC A EN A PACKET PAGE 87 Bakersfield, California, May 6, 2015 - Page 12 10. HEARINGS continued ACTION TAKEN ITEM 10.A. CONTINUED 2. Resolution approving the General Plan RES 049 -15 Amendment changing the land use designation from LR (Low Density Residential) to HMR (High Medium Density Residential). 3. Grant the appeal of the Planning Commission's denial of the requested Zone Change and First Reading of an ordinance changing the zone district from R -1 (One Family Dwelling) to R -2 (Limited Multiple Family Dwelling); with the R -2 zoning being held in suspense. Community Development Director Mclsaac made staff comments and provided a PowerPoint presentation. Hearing opened at 6:44 p.m. The following individuals spoke in opposition: Sandra Porter (submitted written material); Jose Gutierrez; Mark Gardner. Roger McIntosh spoke in favor of staff's recommendation and submitted written material. The following individuals spoke in rebuttal opposition: Sandra Porter; Mark Gardner; and Jose Gutierrez. Roger McIntosh spoke in rebuttal support. Hearing closed at 7:16 p.m. Councilmember Rivera requested Ms. Porter provide him with her contact information in order to set up a meeting to discuss the traffic issues. Councilmember Maxwell requested that Mr. McIntosh speak with residents of this area and discuss what his plans are for the future development of the area and how he can work with the City and the County to come up with possible solutions to the traffic problem. Motion by Councilmember Rivera to approve the APPROVED general plan amendment and zone change, with the zone change being held in suspense. 5120115 CC A EN A PACKET PAGE 88 Bakersfield, California, May 6, 2015 - Page 13 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN d. Public Hearing to consider General Plan THIS ITEM WAS Amendment 14-0311; The City has requested a CONTINUED FROM general plan amendment to incorporate PAGE 10 administrative changes to the Land Use and Kern River Plan Elements of the Metropolitan Bakersfield General Plan to reflect changes previously adopted by the Kern County Board of Supervisors. Resolution approving the Notice of RES 045 -15 Exemption and adopting the general plan changes approved by the County of Kern. Consent Calendar Public Hearings item 9.d. opened at 7:31 p.m. Richard Harriman, Attorney on behalf of the Kern County Advocates for Agriculture, the San Joaquin Valley Environmental Defense Center, and the residents of the northwest territories project, spoke in opposition to staff's recommendation. The Public Hearing was closed at 7:45 p.m. Community Development Director Mclsaac made staff comments. Motion by Councilmember Smith to approve the APPROVED Resolution. Mayor Hall recessed the meeting at 7:49 p.m. and reconvened the meeting at 7:57 p.m. 11. REPORTS a. Hageman Road Flyover Project Update (TRIP). Public Works Director Fidler made staff comments. TRIP Manager Budak made staff comments and provided a PowerPoint presentation. Rick Helgeson, Design Manager Caltrans, made comments and answered questions. Motion by Councilmember Weir to accept the APPROVED report. 5120115 CC AGENDA PACKET PAGE 89 Bakersfield, California, May 6, 2015 - Page 14 11. REPORTS continued ACTION TAKEN b. Department Budget Presentations General Government Assistant City Manager Huot made staff comments and provided a PowerPoint presentation. 2. City Attorney's Office City Attorney Gennaro made staff comments and provided a PowerPoint presentation. 3. Financial Services Finance Director Smith made staff comments and provided a PowerPoint presentation. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Parlier expressed appreciation to City Manager Tandy, Police Chief Williamson, and Councilmember Rivera for the opening of the Bakersfield Police Southside Substation; and thanked staff who worked hard to put on that event. Councilmember Maxwell thanked The Bakersfield Californian for an article they published which described his vision for turning the downtown area into a business friendly zone. Councilmember Maxwell stated he would like to discuss a project with Community Development Director Mclsaac for the property located at 20th Street and F Street on the west side. Councilmember Maxwell expressed appreciation to the local radio stations for announcing watering schedules daily. 5120115 CC AGENDA PACKET PAGE 90 Bakersfield, California, May 6, 2015 - Page 15 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Maxwell stated the spaces in the 18th and Eye Street Parking garage are extremely narrow and requested staff look into restriping the parking spaces to make it easier for people to get in and out of their vehicles, and look at increasing access at the entrances and exits. Councilmember Smith thanked staff for the budget presentations and feels it is great the community can access this information on television and the City's website. Councilmember Smith expressed appreciation for the expansion of the seating at River Walk Park; and stated it is a great facility that is used by all residents for concerts and events. Councilmember Smith expressed appreciation for the approval of bike lane improvements on Akers Road. Mayor Hall Mayor Hall expressed his gratitude to Councilmembers Parlier, Weir, and Sullivan for their presence at the 14th Annual Great American Cleanup event, which had 2,500 volunteers participate; he thanked Sal Moretti, Frank Madrid and the Solid Waste Department for assisting with the cleanup of the exterior of tent city located on South Union Avenue; he encouraged Councilmembers to get involved with next year's cleanup event; announced the sponsorships and contributions were greater this year than ever before; and hopes next year will be the best one yet. 15. ADJOURNMENT Mayor Hall adjourned the meeting at 8:43 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 5120115 CC A EN A PACKET PAGE 91 Bakersfield, California, May 6, 2015 — Page 16 * ** *THIS PAGE INTENTIONALLY LEFT BLANK * * ** 5120115 CC A EN A PACKET PAGE 92 fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 CONSENT -Payments b. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director IT-A114 WARD: 5/7/2015 SUBJECT: Receive and file department payments from April 24, 2015 to May 7, 2015 in the amount of $11,847,821.93, Self Insurance payments, from April 24, 2015 to May 7, 2015 in the amount of $228,177.20, totaling $12,075,999.13. STAFF RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: ATTACHMENTS: Description D 1 -AP Check Register Admin 05 -20 -15 D 2 -EPay Check Register Admin 05 -20 -15 Type C:3aCIH Ua p 11Mateirl4l C:3aCIH Ua p 11Mateirl4l 5120115 CC AGENDA PACKET PAGE 93 5/7/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1 FROM 4/24/2015 TO 5/07/2015 Check Number Vendor Number Vendor Name Check Date Check Amount 614795 15433 ADVANCE MOBILE SECURITY 4/24/2015 380.41 614796 10158 SUSAN ALEXANDER 4/24/2015 19.90 614797 359 ALLEN M ANDERSON 4/24/2015 15.36 614798 28096 MCARTHUR ANDERSON 4/24/2015 42.50 614799 11517 GARY ANSON 4/24/2015 26.71 614800 24927 ROSEMARIE ARRIBILLAGA 4/24/2015 42.50 614801 520 AUTO TINT WEST INC 4/24/2015 564.32 614802 841 BAKERSFIELD RUBBER STAMP CO 4/24/2015 225.32 614803 875 BAKERSFIELD TRUCK CENTER 4/24/2015 248.52 614804 896 BAKERSFIELD WINNELSON COMPANY 4/24/2015 176.84 614805 13424 BARNES WELDING SUPPLY 4/24/2015 657.87 614806 15209 FLOYD BERTRAND 4/24/2015 42.50 614807 1111 CLEO BLACKBURN 4/24/2015 42.50 614808 21172 BLACKHOLE TECHNOLOGIES INC 4/24/2015 3,048.11 614809 1175 BOBS WHOLESALE AUTO GLASS 4/24/2015 50.00 614810 15538 BOLLES NURSERY LANDSCAPE 4/24/2015 161.25 614811 22817 BORN AGAIN BODYWORKS 4/24/2015 3,379.83 614812 10037 BRENT RHODES 4/24/2015 200.00 614813 24850 JAMES BUCHANAN 4/24/2015 2,928.00 614814 10267 BUDGET BOLT INC 4/24/2015 829.05 614815 1463 CADENA, JAKE 4/24/2015 42.50 614816 24411 CALIFORNIA BUILDING STANDARDS COMM 4/24/2015 5,623.00 614817 1771 EUGENE J CARROLL 4/24/2015 42.50 614818 1884 CHAIN COHN STILES 4/24/2015 275.00 614819 1888 CHAMPION HARDWARE 4/24/2015 1,064.91 614820 1978 CITY BODY WORKS 4/24/2015 1,582.00 614821 12236 SCOTT COLBURN 4/24/2015 42.50 614822 10697 CRAWFORD, KAREN 4/24/2015 28.98 614823 27218 CUMMINS PACIFIC LLC 4/24/2015 1,216.11 614824 2261 TERRY CUNNINGHAM 4/24/2015 15.36 614825 23412 D R HORTON HOMES INC 4/24/2015 21,594.60 614826 10047 DAVID J HUISH 4/24/2015 7.58 614827 4140 DAVID JANES COMPANY 4/24/2015 1,142.71 614828 10047 DC ELITE LLC 4/24/2015 32.85 614829 2435 JERRY DE LAURIE 4/24/2015 42.50 614830 11430 JEWELL DEEM 4/24/2015 6.27 614831 2442 DELANEY & AHLF DIESEL SERVICE 4/24/2015 1,033.80 614832 2465 DEPARTMENT OF CONSERVATION 4/24/2015 13,922.54 614833 2468 DEPARTMENT OF JUSTICE 4/24/2015 2,808.00 614834 2752 ELBERT DISTRIBUTING 4/24/2015 120.17 614835 10047 ESTATE OF TILLIE J RESLEY 4/24/2015 722.60 614836 2830 EWING IRRIGATION PRODUCTS 4/24/2015 79.01 614837 10037 FARMERS INSURANCE EXCHANGE 4/24/2015 275.00 614838 2901 FEDEX 4/24/2015 77.79 614840 3028 FLOYDS GENERAL STORE 4/24/2015 931.06 614841 12742 PRESTON GEORGE 4/24/2015 42.50 614842 25783 GIBBONS & WHEELAN INC 4/24/2015 197.10 614843 14964 BOB G GIBSON 4/24/2015 42.50 614844 10047 GO FOR IT EVENTS 4/24/2015 234.19 614845 3403 GOLDEN STATE PETERBILT 4/24/2015 1,361.46 614846 3452 GRAYBAR ELECTRIC COMPANY 4/24/2015 17.03 614847 10037 GUADALUPE MALDONADO 4/24/2015 31.00 S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 5120115 CC AGENDA PACKET PAGE 9 5/7/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 4/24/2015 TO 5/07/2015 Check Number Vendor Number Vendor Name Check Date Check Amount 614848 24139 GUTIERREZ TIRE & WHEEL 4/24/2015 3,712.84 614849 25970 ROBERT HACKER 4/24/2015 42.50 614850 3770 FRANK R HERRERA 4/24/2015 42.50 614851 11438 LORRAINE HUNTINGTON 4/24/2015 33.52 614852 4089 J & E RESTAURANT SUPPLY INC 4/24/2015 670.50 614853 420 JACK C ARBUCKLE COMPANY 4/24/2015 49.94 614854 26285 KAREN JACKSON 4/24/2015 583.75 614855 24194 CLARISSE JOHNSON 4/24/2015 42.50 614856 4288 KAMAN INDUSTRIAL TECHNOLOGIES 4/24/2015 362.95 614857 27671 MAXINE KELLER 4/24/2015 42.50 614858 4435 KERN COUNTY CLERKS 4/24/2015 200.00 614859 4581 KERN ELECTRIC DISTRIBUTORS 4/24/2015 1,344.88 614860 26248 KERN PRINT SERVICES 4/24/2015 393.58 614861 4680 KERN RIVER POWER EQUIPMENT INC 4/24/2015 1,230.59 614862 4861 KISCO SALES INC 4/24/2015 770.20 614863 5018 LARRY & RONS UPHOLSTERY 4/24/2015 209.63 614864 5163 FRANK LOPEZ 4/24/2015 42.50 614865 24061 BOBBY MAHAFFEY 4/24/2015 42.50 614866 7064 MERCHANTS PRINTING & ENVELOPE 4/24/2015 1,777.40 614867 5547 MINUTEMAN PRESS 4/24/2015 493.96 614868 5688 MOTION INDUSTRIES INC 4/24/2015 192.44 614869 5687 MOTOR CITY SALES & SERVICE 4/24/2015 326.02 614870 28232 YESENIA NARANJO 4/24/2015 1,783.93 614871 5896 NEWTON, KENNETH RAY 4/24/2015 42.50 614872 24279 O'REILLY AUTO PARTS 4/24/2015 113.03 614873 27975 M OWEN ROSE 4/24/2015 15.36 614874 6448 P T O SALES 4/24/2015 82.63 614875 6122 PACIFIC POWER INC 4/24/2015 20.72 614876 11450 JULIA PAINTER 4/24/2015 42.50 614877 70212 PARK SQUARE AT SEVEN OAKS PARTNERS 4/24/2015 200,507.18 614878 13209 PARKHOUSE TIRE INC 4/24/2015 1,919.89 614879 10037 PAUL & MARILYN SLEVKOFF III 4/24/2015 140.94 614880 11451 SHIRLEY A PHILLIPS 4/24/2015 28.98 614881 6376 PIONEER PAINT 4/24/2015 65.25 614882 178 PRAXAIR DISTRIBUTION INC 4/24/2015 446.95 614883 6682 RAYMONDS TROPHY AND AWARDS 4/24/2015 277.48 614884 6727 REFRIGERATION SUPPLIES DISTRIB 4/24/2015 220.60 614885 28060 EMMA ROBERTS 4/24/2015 42.50 614886 70025 ROBO PLUMBING 4/24/2015 400.00 614887 6915 ROUND -UP FEED AND PET SUPPLY 4/24/2015 195.58 614888 24762 S & S HOMES 4/24/2015 999.62 614889 7357 THOMAS SHERMAN 4/24/2015 42.50 614890 11090 SHERWIN WILLIAMS COMPANY 4/24/2015 640.49 614891 7434 SMART & FINAL IRIS COMPANY 4/24/2015 670.47 614892 10047 TAKBO EVENTS LLC 4/24/2015 518.48 614893 20357 DONALD TEUTIMEZ 4/24/2015 33.52 614894 25230 JUDY THOMAS 4/24/2015 15.36 614895 7999 THREE -WAY CHEVROLET 4/24/2015 549.28 614896 26861 SHIRLEY TORRES 4/24/2015 42.50 614897 21305 TREK DIGITAL PRODUCTS 4/24/2015 77.22 614898 24193 MARGARET URSIN 4/24/2015 42.50 614899 17940 LESLIE VINCENT 4/24/2015 31.25 S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 5120115 CC AGENDA PACKET PAGE 95 5/7/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 3 FROM 4/24/2015 TO 5/07/2015 Check Number Vendor Number Vendor Name Check Date Check Amount 614900 25368 W REYNEVELD CONSTRUCTION INC 4/24/2015 2,068.00 614901 23357 CORA WALCK 4/24/2015 42.50 614902 15380 ISABEL WILLIAMS 4/24/2015 42.50 614903 9052 DARLENE WISHAM 4/24/2015 42.50 614907 78 ADVANCED DISTRIBUTION CO 4/24/2015 7,403.79 614908 10047 AGI GERNERAL CONTRACTING 4/24/2015 608.32 614909 1157 ANTHEM BLUE CROSS 4/24/2015 558,703.60 614910 10047 BRONCO CONCRETE INC 4/24/2015 1,399.62 614912 3427 GRAINGER INC, W W 4/24/2015 3,600.38 614914 7933 HOME DEPOT 4/24/2015 3,579.38 614915 12857 KAISER PERMANENTE 4/24/2015 35,539.71 614918 4740 KERN TURF SUPPLY 4/24/2015 4,389.17 614920 15624 LOWE'S HOME IMPROVEMENT 4/24/2015 1,547.49 614921 10047 MARK AND TERESA WALLER 4/24/2015 17.08 614922 10113 MEDICAL EYE SERVICE COMPANY 4/24/2015 191.46 614923 30026 METLIFE 4/24/2015 3,159.53 614924 10142 PACIFIC UNION DENTAL (UHC) 4/24/2015 5,362.74 614926 96 TYACK'S TIRES INC 4/24/2015 2,445.47 614928 10428 UNITED REFRIGERATION INC 4/24/2015 1,755.19 614929 10204 ASSOCIATION BKFD POLICE OFFICER FCU 4/24/2015 13,736.32 614930 10211 BAKERSFIELD FIREMEN 4/24/2015 8,762.51 614931 10200 BAKERSFIELD FIREMEN RELIEF ASS 4/24/2015 7,768.31 614932 10203 BAKERSFIELD POLICE BENEFIT 4/24/2015 23,360.38 614933 10198 KERN COUNTY PUBLIC EMP ASSOC 4/24/2015 725.52 614934 10205 MUTUAL BENEFIT ASSOCIATION 4/24/2015 2,169.49 614935 26810 RELIASTAR LIFE INSURANCE CO 4/24/2015 880.74 614936 22324 SEIU LOCAL 521 4/24/2015 20,844.47 614937 28 A C ELECTRIC COMPANY 4/30/2015 1,260.00 614938 534 A T & T 4/30/2015 225.00 614939 537 A T & T 4/30/2015 1,132.39 614940 15433 ADVANCE MOBILE SECURITY 4/30/2015 448.40 614941 25365 AECOM TECHNICAL SERVICES INC 4/30/2015 640.00 614942 19496 ALL PRO CLEANING SERVICE 4/30/2015 1,440.00 614943 160 ALL THAT LETTERING SIGN COMPNY 4/30/2015 760.00 614944 23588 ALUMINUM CHUCK WAGON 4/30/2015 6,585.66 614945 292 AMERICAL AWNING SHOPPE & PATIO 4/30/2015 460.88 614946 27588 AMERICAN SPECIALTIES CO 4/30/2015 295.63 614947 1049 APPLIED LNG TECHNOLOGIES 4/30/2015 13,294.03 614948 22588 ARROWHEAD FORENSICS 4/30/2015 865.40 614949 460 ARVIN EDISON WATER STORAGE DIS 4/30/2015 12,900.00 614950 520 AUTO TINT WEST INC 4/30/2015 705.40 614951 24888 AUTOMATED POWER TECHNOLOGIES INC 4/30/2015 2,176.80 614952 536 AVERY ASSOCIATES 4/30/2015 587.83 614953 652 B A C S CO 4/30/2015 139.32 614954 25940 ANTHONY BACA 4/30/2015 60.00 614955 10320 BAKERSFIELD HOMELESS CENTER 4/30/2015 27,970.80 614956 971 BAKERSFIELD PLUMBING CO INC 4/30/2015 633.59 614957 875 BAKERSFIELD TRUCK CENTER 4/30/2015 72.28 614958 557 BARC 4/30/2015 569.70 614959 13424 BARNES WELDING SUPPLY 4/30/2015 13.00 614960 945 BARNETT'S TOWING SERVICE INC 4/30/2015 105.00 614961 18398 BATTERY SYSTEMS 4/30/2015 1,028.63 S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 5120115 CC AGENDA PACKET PAGE 9 5/7/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 4 FROM 4/24/2015 TO 5/07/2015 Check Number Vendor Number Vendor Name Check Date Check Amount 614962 20484 PAUL BENDER 4/30/2015 426.35 614963 23444 MATTHEW BILLINGSLEY 4/30/2015 176.00 614964 21172 BLACKHOLE TECHNOLOGIES INC 4/30/2015 3,472.98 614965 1175 BOBS WHOLESALE AUTO GLASS 4/30/2015 229.48 614966 15538 BOLLES NURSERY LANDSCAPE 4/30/2015 110.73 614967 22817 BORN AGAIN BODYWORKS 4/30/2015 2,105.78 614968 18692 BOUND TREE MEDICAL LLC 4/30/2015 1,047.89 614969 1271 BROCKS TRAILER 4/30/2015 2,633.00 614970 685 BROWN AND FOWLER CONSTRUCTION 4/30/2015 72,119.25 614971 1292 BROWN ARMSTRONG 4/30/2015 900.00 614972 24464 CLAUDE BROWN 4/30/2015 180.00 614973 10267 BUDGET BOLT INC 4/30/2015 151.25 614974 23090 BURTONS FIRE INC 4/30/2015 299.38 614975 28071 CALIFORNIA MARKETING INC 4/30/2015 9.64 614976 1695 CALIFORNIA WATER SERVICE CO 4/30/2015 65,876.00 614977 1724 CALPLY LLC 4/30/2015 1,456.51 614978 18017 CANNON CORP 4/30/2015 6,120.00 614979 16974 CERTEX WEST USA INC 4/30/2015 92.58 614980 1888 CHAMPION HARDWARE 4/30/2015 271.73 614981 1924 CHESTER AVENUE BRAKE & SUPPLY 4/30/2015 37.89 614982 644 CITY NEON SIGN COMPANY INC 4/30/2015 1,378.15 614983 2016 CLARK PEST CONTROL 4/30/2015 48.00 614984 2050 CLIFFORD & BROWN 4/30/2015 17,516.66 614985 1574 CNOA 4/30/2015 1,000.00 614986 27509 CONTRERAS, ANGEL 4/30/2015 100.00 614987 2249 CREATIVE CONCEPTS INC 4/30/2015 1,209.38 614988 27397 CSDS INC 4/30/2015 337.50 614989 27218 CUMMINS PACIFIC LLC 4/30/2015 3,690.69 614990 25063 ALBERTO DANIEL JR 4/30/2015 135.00 614991 25337 DAVES FLEET MAINT & TOWING 4/30/2015 75.00 614992 11271 DEPARTMENT OF TRANSPORTATION 4/30/2015 27,142.44 614993 25742 DISCOUNT RADIATOR CENTER 4/30/2015 75.00 614994 26948 DUSTIN DODGIN 4/30/2015 100.00 614995 2577 DOKKEN ENGINEERING 4/30/2015 14,978.78 614996 2636 DRESSER SERVICES INC 4/30/2015 1,300.00 614997 2752 ELBERT DISTRIBUTING 4/30/2015 50.88 614998 27898 ELECTRICAL SYSTEMS & INST INC 4/30/2015 440.00 614999 24370 ELECTROVOTE LLC 4/30/2015 199.26 615000 13520 ENDERS & ASSOCIATES 4/30/2015 18,589.10 615001 25194 EQUIP YOUR TEAM 4/30/2015 5,548.50 615002 23720 ERNEST PACKING SOLUTIONS 4/30/2015 1,698.92 615003 12943 EVIDENT CRIME SCENE PRODUCTS 4/30/2015 359.00 615004 2830 EWING IRRIGATION PRODUCTS 4/30/2015 401.41 615005 19595 FAIRFIELD SERVICE COMPANY 4/30/2015 26,599.10 615006 2901 FEDEX 4/30/2015 207.88 615007 2928 KEVIN FIDLER 4/30/2015 475.00 615008 27256 FIRST ADVANTAGE LNS SCREENING 4/30/2015 767.00 615009 19657 FIRST CHOICE 4/30/2015 333.64 615010 17280 LYUDMILA FISHMAN 4/30/2015 214.33 615011 25339 FLEET SERVICES TOWING INC 4/30/2015 105.00 615012 26311 MARTY J. FLOWERS 4/30/2015 300.00 615013 3028 FLOYDS GENERAL STORE 4/30/2015 836.73 S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 5120115 CC AGENDA PACKET PAGE 97 5/7/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 5 FROM 4/24/2015 TO 5/07/2015 Check Number Vendor Number Vendor Name Check Date Check Amount 615014 22966 FORENSIC NURSE SPECIALISTS INC 4/30/2015 1,500.00 615015 19591 FORK LIFT SPECIALTIES INC 4/30/2015 58.16 615016 22959 FRIENDS OF K9 4/30/2015 360.00 615017 3213 GALLS / QUARTERMASTER 4/30/2015 3,197.28 615018 28064 GENERAL TREE SERVICE INC 4/30/2015 1,365.00 615019 23591 GEOCON CONSULTANTS, INC 4/30/2015 280.00 615020 3403 GOLDEN STATE PETERBILT 4/30/2015 11,540.52 615021 28156 GOULD & GOODRICH INC 4/30/2015 367.89 615022 27118 GRAY & ASSOCIATES CPAS 4/30/2015 480.00 615023 22029 NAVDIP GREWAL 4/30/2015 95.00 615024 28159 ZACHARY GRIFFIN A 4/30/2015 299.88 615025 24693 JOSH GRUBBS 4/30/2015 60.00 615026 3537 GUNDLACH PLUMBING AIR CONDITIONING 4/30/2015 11,925.00 615027 12439 GUNDLACHS 4/30/2015 261.00 615028 3569 H & S BODY WORKS & TOWING 4/30/2015 1,023.50 615029 3579 HACH COMPANY 4/30/2015 1,517.26 615030 26652 APRIL HARES 4/30/2015 1,825.00 615031 28240 RUBY HARRIS 4/30/2015 172.00 615032 28241 ANTHONY HERRON 4/30/2015 250.00 615033 10355 HERTZ EQUIPMENT RENTAL CORP 4/30/2015 797.86 615034 20543 DIANNE HOOVER 4/30/2015 75.00 615035 3969 INSTANT STORAGE 4/30/2015 100.99 615036 20795 IPC USA INC 4/30/2015 63,698.87 615037 28140 IVES TRAINING COMPLIANCE GROUP 4/30/2015 5,719.84 615038 147 JIM ALFTER CEMENT CONTRACTOR 4/30/2015 116.64 615039 19554 K & R TOWING 4/30/2015 35.00 615040 26066 KARR, STEVEN 4/30/2015 180.00 615041 4528 KERN COUNTY PUBLIC HEALTH SERV 4/30/2015 12,915.00 615042 4439 KERN COUNTY WASTE MANAGEMENT 4/30/2015 134,962.45 615043 4700 KERN SECURITY SYSTEMS 4/30/2015 864.00 615044 4701 KERN SPRINKLER LANDSCAPING INC 4/30/2015 2,380.00 615045 4733 KERN TROPHIES 4/30/2015 228.76 615046 23434 KINNEY, STEVEN P 4/30/2015 1,600.00 615047 28128 JACQUELYN KITCHEN 4/30/2015 120.75 615048 26949 JOHN KLAWIKOWSKI 4/30/2015 60.00 615049 4277 KME FIRE APPARATUS 4/30/2015 256.27 615050 12552 KURB KUT 4/30/2015 3,069.00 615051 19228 MICHAEL LENCIONI 4/30/2015 160.00 615052 70051 LIGHTSPEED SYSTEMS 4/30/2015 4,300.00 615053 19345 BARBARA LOMAS 4/30/2015 100.00 615054 18492 M & S SECURITY SERVICES 4/30/2015 1,296.00 615055 26714 MARK THOMAS AND COMPANY INC 4/30/2015 43,241.26 615056 15014 JASON MAY 4/30/2015 180.00 615057 18731 MCPC 4/30/2015 840.69 615058 25642 CHRIS MESSICK 4/30/2015 12.00 615059 14119 METRO RECORD STORAGE 4/30/2015 314.00 615060 24077 MICHEL AUTO TECH 4/30/2015 870.24 615061 1316 MICHELIN NORTH AMERICA INC 4/30/2015 12,038.27 615062 22070 RANDY MOE 4/30/2015 70.00 615063 27722 MOORE AND MEANS INVESTIGATION 4/30/2015 730.00 615064 19848 MOTOROLA 4/30/2015 414.88 615065 26015 NATIONAL DIAMOND ENTERPRISES LLC 4/30/2015 1,170.00 S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 5120115 CC AGENDA PACKET PAGE 98 5/7/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 6 FROM 4/24/2015 TO 5/07/2015 Check Number Vendor Number Vendor Name Check Date Check Amount 615066 28238 TONI D NORMAN 4/30/2015 1,420.62 615067 28052 RICARDO OCHOA 4/30/2015 300.00 615068 6012 ORACLE CORPORATION 4/30/2015 5,532.66 615069 7619 ORION SAFETY PRODUCTS 4/30/2015 6,798.30 615070 6448 P T O SALES 4/30/2015 403.87 615071 583 PACIFIC WEST SOUND 4/30/2015 5,500.00 615072 20828 PARSONS TRANSPORTATION GROUP INC 4/30/2015 611,828.41 615073 26926 LARRY PATTERSON 4/30/2015 120.00 615074 14885 PAUL CONWAY SHIELDS 4/30/2015 1,205.14 615075 24029 PAYLESS TOWING 4/30/2015 140.00 615076 6076 PB LOADER MANUFACTURING CO 4/30/2015 3,095.50 615077 27067 PECAN PIE PRODUCTIONS 4/30/2015 1,068.75 615078 22381 MIGUEL PEREZ 4/30/2015 145.00 615079 27514 CHARLIE PHILLIPS 4/30/2015 120.00 615080 6329 LISA PHILLIPS 4/30/2015 172.00 615081 22456 PLAN NET CONSULTING 4/30/2015 7,380.00 615082 178 PRAXAIR DISTRIBUTION INC 4/30/2015 377.68 615083 27625 PROTECTION FORCE PRIVATE SECURITY I 4/30/2015 1,840.00 615084 26242 QUALITY FIRE TRUCK PARTS 4/30/2015 91.93 615085 26530 R BRUCE WALKER ED D 4/30/2015 1,250.00 615086 6682 RAYMONDS TROPHY AND AWARDS 4/30/2015 92.45 615087 22196 RESOURCE MACHINERY & ENGINEERING 4/30/2015 10,145.31 615088 10906 REYNA, NOE 4/30/2015 90.00 615089 6836 ROADLINE PRODUCTS INC 4/30/2015 1,765.00 615090 5681 ROBERT B MOSS JR 4/30/2015 619.57 615091 25892 ROCKY MOUNTAIN SUNSCREEN 4/30/2015 312.87 615092 21050 GILBERT RODRIGUEZ 4/30/2015 70.00 615093 6915 ROUND -UP FEED AND PET SUPPLY 4/30/2015 216.02 615094 17449 RRM DESIGN GROUP 4/30/2015 13,551.77 615095 27515 GREG RULOPH 4/30/2015 120.00 615096 25220 SANDYS COMMUNICATIONS 4/30/2015 1,961.88 615097 27361 SC FUELS 4/30/2015 3,525.25 615098 27558 RICHARD SCHWARTZ 4/30/2015 75.00 615099 23598 DAVID SEIBT 4/30/2015 180.00 615100 26203 SIERRA CONST & EXCAVATION INC 4/30/2015 36,087.42 615101 7398 SIGN TEK 4/30/2015 247.25 615102 23646 SIMPLEVIEW, INC 4/30/2015 447.00 615103 7434 SMART & FINAL IRIS COMPANY 4/30/2015 91.10 615104 11566 SOIL CONTROL LAB INC 4/30/2015 870.00 615105 23456 VERNON SORENSON MD INC 4/30/2015 335.26 615106 17986 SPRINT SOLUTIONS INC 4/30/2015 2,595.29 615107 30011 FRANCHISE TAX BOARD 4/30/2015 45.00 615108 16685 STIERN VETERINARY HOSPITAL 4/30/2015 58.00 615109 24423 DAVID STRONG 4/30/2015 100.00 615110 19143 SUZETTE'S CLEANERS 4/30/2015 184.00 615111 28163 SWITZER, PHILIP 4/30/2015 180.00 615112 16783 SWRCB 4/30/2015 5,322.24 615113 21784 ROBERT TACKETT 4/30/2015 70.00 615114 27973 TEMPEST INTERACTIVE MEDIA LLC 4/30/2015 15,000.00 615115 25338 TEN EIGHT TOW INC 4/30/2015 105.00 615116 851 TENNANT COMPANY 4/30/2015 248.11 615117 7999 THREE -WAY CHEVROLET 4/30/2015 34,818.50 S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 5120115 CC AGENDA PACKET PAGE 99 5/7/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 7 FROM 4/24/2015 TO 5/07/2015 Check Number Vendor Number Vendor Name Check Date Check Amount 615118 11351 TKAC, JEFFERY G 4/30/2015 50.00 615119 18773 TRANE COMPANY 4/30/2015 875.00 615120 8158 KENNETH L TRONE 4/30/2015 730.08 615121 96 TYACK'S TIRES INC 4/30/2015 126.00 615122 27786 UNION BANK TRUST DEPT -FEES 4/30/2015 875.00 615123 10428 UNITED REFRIGERATION INC 4/30/2015 80.98 615124 23466 UNITED SQUARE DANCERS ASSOCIATION 4/30/2015 3,600.00 615125 8391 URNERS APPLIANCE CENTER 4/30/2015 369.72 615126 8478 VALLEY DECAL INC 4/30/2015 1,521.13 615127 20094 VALLEY NETWORK SOLUTIONS 4/30/2015 36,563.35 615128 10174 VALLEY PRINTERS 4/30/2015 6,917.55 615129 1286 VBI PAINTING 4/30/2015 2,611.07 615130 20601 VERIZON WIRELESS 4/30/2015 50.04 615131 25957 PATRICK WADE 4/30/2015 50.00 615132 26512 WEI KOO 4/30/2015 5,494.30 615133 19776 WEST PAYMENT CENTER 4/30/2015 124.94 615134 28242 JOHN WEYER 4/30/2015 250.00 615135 11957 JERRY WHISENHUNT 4/30/2015 103.00 615136 20165 WILLDAN ENGINEERING 4/30/2015 1,100.00 615137 27746 BRYAN WILLIAMS 4/30/2015 100.00 615138 23304 RANDALL WOODARD 4/30/2015 125.00 615139 10349 WORKFORCE SAFETY 4/30/2015 1,490.00 615140 24123 YELLOW PAGES INC 4/30/2015 126.96 615141 23026 3 D IMAGING SYSTEMS INC 4/30/2015 84.04 615144 78 ADVANCED DISTRIBUTION CO 4/30/2015 4,325.14 615145 12516 AIMS 4/30/2015 877.50 615146 28181 ALLEN PENTON AND SHERRY LYNCH 4/30/2015 6,600.00 615147 28237 ALVIN R MASSA AND 4/30/2015 3,250.00 615148 19303 BRIGHT HOUSE NETWORKS 4/30/2015 629.30 615150 1696 CALIFORNIA WATER SERVICE 4/30/2015 16,600.18 615151 11937 CITY OF BAKERSFIELD 4/30/2015 33,785.50 615152 26461 COURTS AND GREENS 4/30/2015 5,318.11 615153 28227 SCOTT HEILMAN C 4/30/2015 2,526.68 615154 3996 I A P M O 4/30/2015 75.00 615155 4677 KERN REFUSE DISPOSAL, INC 4/30/2015 141,419.75 615156 5700 LISA MOTON 4/30/2015 50.20 615157 12273 NATIONAL NOTARY ASSOCIATION 4/30/2015 59.00 615158 11050 PACIFIC GAS & ELECTRIC CFM /PPC 4/30/2015 6,591.08 615159 6114 PACIFIC GAS & ELECTRIC COMPANY 4/30/2015 92,228.17 615164 6114 PACIFIC GAS & ELECTRIC COMPANY 4/30/2015 246,501.23 615165 8785 ESTHER PARRA PETTY CASH CUSTODIAN 4/30/2015 83.25 615168 27911 PORTERVILLE FORD 4/30/2015 4,536.12 615169 28226 SENTRY CONTROL SYSTEMS 4/30/2015 65,211.00 615170 7096 SJVAPCD 4/30/2015 240.00 615171 15212 U.S BEHAVIORAL HEALTH PLAN 4/30/2015 1,173.48 615172 30006 ANTHEM BLUE CROSS - CAL CARE 4/30/2015 136,728.60 615173 30004 ANTHEM BLUE CROSS OF CALIFORNIA 4/30/2015 379,280.66 615174 30021 KAISER PERMANENTE 4/30/2015 166,189.74 615175 30002 MEDICAL EYE SERVICE COMPANY 4/30/2015 5,888.29 615176 30026 METLIFE 4/30/2015 43,228.95 615177 26810 RELIASTAR LIFE INSURANCE CO 4/30/2015 3,043.05 615178 30027 U S BANK - PARS #6746022400 4/30/2015 2,773.74 S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 5120115 CC AGENDA PACKET PAGE 1 5/7/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 8 FROM 4/24/2015 TO 5/07/2015 Check Number Vendor Number Vendor Name Check Date Check Amount 615179 30003 UNITED HEALTH CARE 4/30/2015 13,207.06 615180 30020 UNUM 4/30/2015 5,527.51 615181 22306 ETHAN BECK 5/1/2015 129.50 615182 24290 ANTHONY CASTRUITA 5/1/2015 91.36 615183 10037 COMMUNITY ENVIRONMENTAL COUNCIL 5/1/2015 200.00 615184 23412 D R HORTON HOMES INC 5/1/2015 21,761.89 615185 11365 DEPARTMENT OF FISH AND GAME 5/1/2015 340.61 615186 11365 DEPARTMENT OF FISH AND GAME 5/1/2015 1,166.97 615187 11365 DEPARTMENT OF FISH AND GAME 5/1/2015 4,036.70 615188 11365 DEPARTMENT OF FISH AND GAME 5/1/2015 4,103.08 615189 11365 DEPARTMENT OF FISH AND GAME 5/1/2015 14,222.62 615190 11365 DEPARTMENT OF FISH AND GAME 5/1/2015 40,589.56 615191 24281 DEBRA DUNN -YONKE 5/1/2015 385.00 615192 23311 JUAN DURAN GARCIA 5/1/2015 22.89 615193 3427 GRAINGER INC, W W 5/1/2015 226.35 615194 3452 GRAYBAR ELECTRIC COMPANY 5/1/2015 1,016.02 615195 26188 MARWAN HADDAD 5/1/2015 125.00 615196 27981 HENNESSY, LINSEE 5/1/2015 91.00 615197 27287 EDWARD HERNANDEZ 5/1/2015 125.00 615198 420 JACK C ARBUCKLE COMPANY 5/1/2015 191.88 615199 10037 JESUS LOPEZ 5/1/2015 108.00 615200 10037 JOEL RODRIGUEZ 5/1/2015 393.00 615201 16912 JOHN BALFANZ HOMES INC 5/1/2015 13,760.57 615202 4243 JORGENSEN & CO 5/1/2015 101.36 615203 10037 JUSTIN SMITH 5/1/2015 53.00 615204 10037 KCSAS 5/1/2015 200.00 615205 10294 KERN BUILDING MATERIAL INC 5/1/2015 309.60 615206 4435 KERN COUNTY CLERKS 5/1/2015 200.00 615207 4581 KERN ELECTRIC DISTRIBUTORS 5/1/2015 1,102.95 615208 4680 KERN RIVER POWER EQUIPMENT INC 5/1/2015 3,999.28 615209 4861 KISCO SALES INC 5/1/2015 20.94 615210 70130 LOVE WATER INK 5/1/2015 500.00 615211 28235 JOSE MARTINEZ BARAJAS 5/1/2015 85.20 615212 18495 MELO'S GAS & GEAR INC 5/1/2015 131.60 615213 5547 MINUTEMAN PRESS 5/1/2015 476.51 615214 5688 MOTION INDUSTRIES INC 5/1/2015 63.30 615215 5708 MOTOROLA INC 5/1/2015 1,634.46 615216 12654 NANU PATEL 5/1/2015 61.49 615217 10114 LONI O'DONLEY 5/1/2015 111.80 615218 24279 O'REILLY AUTO PARTS 5/1/2015 432.04 615219 10037 PETEREN - DEAN INC 5/1/2015 186.00 615220 70213 QEW LLC 5/1/2015 500.00 615221 70214 DAVID QUINTANA 5/1/2015 1,000.00 615222 12069 GEORGE QUIRINO 5/1/2015 125.00 615223 10047 RAYMOND BROS INVESTMENTS LLC 5/1/2015 24.07 615224 10037 RED POINTE ROOFING 5/1/2015 150.00 615225 24794 SEAN P REIS 5/1/2015 125.00 615226 10037 RENEE LATRICE HINES 5/1/2015 56.64 615227 26535 LYNETTE REYNOSO 5/1/2015 110.50 615228 10115 KEN ROSSEN 5/1/2015 227.50 615229 24762 S & S HOMES 5/1/2015 225.23 615230 20816 SIMMONS CONSTRUCTION 5/1/2015 7,853.00 S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 5120115 CC AGENDA PACKET PAGE 101 5/7/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 9 FROM 4/24/2015 TO 5/07/2015 Check Number Vendor Number Vendor Name Check Date Check Amount 615231 10037 SOLAR SERVICE CENTER 5/1/2015 100.98 615232 10037 SUN SOLAR 5/1/2015 156.00 615233 70216 TAKBO EVENTS 5/1/2015 500.00 615234 10037 TRAVIS SHEPPARD 5/1/2015 124.00 615235 8526 VALLEY GUN SHOP 5/1/2015 500.00 615236 21334 DAVID VANBRUNT 5/1/2015 125.00 615237 27733 JUAN VELASQUEZ 5/1/2015 125.00 615238 22142 BRIAN WRIGHT 5/1/2015 125.00 615239 14993 CALIFORNIA AIR RESOURCES BOARD 5/1/2015 2,229.72 615240 26953 DIVISION OF THE STATE ARCHITECT 5/1/2015 601.00 615242 7933 HOME DEPOT 5/1/2015 1,537.25 615243 4570 KCTTC - JACKIE DENNEY 5/1/2015 46.76 615244 4570 KCTTC - JACKIE DENNEY 5/1/2015 57.81 615245 4570 KCTTC - JACKIE DENNEY 5/1/2015 60.52 615246 4570 KCTTC - JACKIE DENNEY 5/1/2015 63.94 615247 4570 KCTTC - JACKIE DENNEY 5/1/2015 71.78 615248 4570 KCTTC - JACKIE DENNEY 5/1/2015 76.12 615249 4570 KCTTC - JACKIE DENNEY 5/1/2015 105.54 615250 4570 KCTTC - JACKIE DENNEY 5/1/2015 105.54 615251 4570 KCTTC - JACKIE DENNEY 5/1/2015 105.54 615252 4429 KERN COUNTY AUDITOR CONTROLLER 5/1/2015 4,653.00 615256 4740 KERN TURF SUPPLY 5/1/2015 6,190.04 615258 15624 LOWE'S HOME IMPROVEMENT 5/1/2015 2,848.01 615259 70215 SLIPTECH LLC 5/1/2015 1,043.00 615260 19844 MITCH VAN WYK 5/1/2015 10,738.37 615261 28 A C ELECTRIC COMPANY 5/7/2015 830.00 615262 26559 A 1 PRECISION BUILDERS 5/7/2015 850.00 615263 22721 ACCELERATED ENVIRONMENTAL SERVICES 5/7/2015 7,806.00 615264 19406 ACOM SOLUTIONS 5/7/2015 1,749.65 615265 17100 AEROS ENVIRONMENTAL INC 5/7/2015 9,087.50 615266 12516 AIMS 5/7/2015 32,472.41 615267 17223 AIR CONTROL BALANCING INC 5/7/2015 2,100.00 615268 19696 KIM ALEMAN 5/7/2015 101.78 615269 22907 OSCAR ALONSO 5/7/2015 40.00 615270 16995 ALPINE TREE & TRACTOR SERVICE 5/7/2015 50.00 615271 18201 ANIMAL EMERGENCY & URGENT CARE 5/7/2015 333.00 615272 1049 APPLIED LNG TECHNOLOGIES 5/7/2015 11,370.30 615273 455 ARROWHEAD MOUNTAIN SPRING WATER 5/7/2015 143.57 615274 18417 ATTORNEYS CERTIFIED SERVICES 5/7/2015 89.00 615275 25180 B & R SUPPLY INC 5/7/2015 33.76 615276 25940 ANTHONY BACA 5/7/2015 120.00 615277 13544 BAKERSFIELD ARC 5/7/2015 20.00 615278 26345 BAKERSFIELD AVIATION SERVICES 5/7/2015 111.60 615279 10320 BAKERSFIELD HOMELESS CENTER 5/7/2015 15,833.33 615280 24027 BAKERSFIELD PEST CONTROL 5/7/2015 65.00 615281 841 BAKERSFIELD RUBBER STAMP CO 5/7/2015 28.49 615282 11248 BANKS PEST CONTROL 5/7/2015 300.00 615283 557 BARC 5/7/2015 427.90 615284 28250 JASON BARNES 5/7/2015 1,571.75 615285 945 BARNETT'S TOWING SERVICE INC 5/7/2015 70.00 615286 1069 BETHANY SERVICES 5/7/2015 25,869.52 615287 28231 BIG BRAND TIRE CO 5/7/2015 101.84 S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 5120115 CC AGENDA PACKET PAGE 102 5/7/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 10 FROM 4/24/2015 TO 5/07/2015 Check Number Vendor Number Vendor Name Check Date Check Amount 615288 23444 MATTHEW BILLINGSLEY 5/7/2015 1,680.55 615289 1102 BLACK BOX NETWORK SERVICES 5/7/2015 553.50 615290 18692 BOUND TREE MEDICAL LLC 5/7/2015 263.37 615291 23051 BRENNTAG PACIFIC 5/7/2015 1,307.74 615292 24464 CLAUDE BROWN 5/7/2015 180.00 615293 23090 BURTONS FIRE INC 5/7/2015 2,530.72 615294 1477 CAL VALLEY EQUIPMENT INC 5/7/2015 306.25 615295 25596 CAMPING WORLD RV SALES 5/7/2015 246.96 615296 1803 CASCADE FIRE EQUIPMENT CO 5/7/2015 10,632.74 615297 28255 ERIC CELEDON 5/7/2015 70.00 615298 27074 CEN CAL CONSTRUCTION INC 5/7/2015 5,397.50 615299 23786 CHART INDUSTRIES 5/7/2015 573.02 615300 18157 SAM CHERNABAEFF 5/7/2015 41.50 615301 2050 CLIFFORD & BROWN 5/7/2015 452.15 615302 2050 CLIFFORD & BROWN 5/7/2015 3,776.90 615303 21588 COCA -COLA REFRESHMENTS 5/7/2015 1,885.65 615304 27509 CONTRERAS, ANGEL 5/7/2015 180.00 615305 17891 CONTROLLED MOTION SOLUTIONS INC 5/7/2015 207.21 615306 23132 ADAN CUEVAS 5/7/2015 78.21 615307 25063 ALBERTO DANIEL JR 5/7/2015 90.00 615308 2469 DEPARTMENT OF JUSTICE 5/7/2015 1,876.98 615309 7653 DEPARTMENT OF WATER RESOURCES 5/7/2015 3,353.00 615310 24213 DIAMOND H HAULING 5/7/2015 200.00 615311 26553 JAMES DICKSON 5/7/2015 1,497.00 615312 28251 DISABILITY ACCESS CONSULTANTS LLC 5/7/2015 45,260.00 615313 2558 DISPENSING TECHNOLOGY CORP 5/7/2015 2,495.81 615314 2656 DUNN EDWARDS CORPORATION 5/7/2015 42.99 615315 2772 E M THARP INC 5/7/2015 34.64 615316 21215 EAVES, DR RONALD W 5/7/2015 25.00 615317 20563 TOM EDMONDS 5/7/2015 25.00 615318 27898 ELECTRICAL SYSTEMS & INST INC 5/7/2015 704.00 615319 2811 ENTENMANN ROVIN CO 5/7/2015 204.44 615320 23720 ERNEST PACKING SOLUTIONS 5/7/2015 3,082.63 615321 20239 JOSHUA FINNEY 5/7/2015 250.00 615322 25339 FLEET SERVICES TOWING INC 5/7/2015 35.00 615323 26311 MARTY J. FLOWERS 5/7/2015 240.00 615324 26976 FS3 INC 5/7/2015 69,303.10 615325 10546 ROBERTA GAFFORD 5/7/2015 168.00 615326 28064 GENERAL TREE SERVICE INC 5/7/2015 11,075.00 615327 13174 MIKE GEORGE 5/7/2015 25.00 615328 3358 GILLIAM & SONS INC 5/7/2015 81,566.13 615329 3403 GOLDEN STATE PETERBILT 5/7/2015 1,047.17 615330 3427 GRAINGER INC, W W 5/7/2015 3,235.80 615331 3452 GRAYBAR ELECTRIC COMPANY 5/7/2015 3,062.70 615332 3569 H & S BODY WORKS & TOWING 5/7/2015 70.00 615333 3571 H & S HOSE & SUPPLY INC 5/7/2015 66.51 615334 3593 HALL LETTER SHOP 5/7/2015 190.40 615335 17670 KENNETH HAMMONS 5/7/2015 269.15 615336 3660 HARBOR FREIGHT TOOLS 5/7/2015 102.61 615337 21042 CHAD HASKINS 5/7/2015 65.00 615338 26932 HAYWARD GORDON ULC 5/7/2015 2,298.95 615339 19201 THOMAS HERNANDEZ 5/7/2015 65.00 S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 5120115 CC AGENDA PACKET PAGE 103 5/7/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 11 FROM 4/24/2015 TO 5/07/2015 Check Number Vendor Number Vendor Name Check Date Check Amount 615340 16532 MOLLY HESSLER 5/7/2015 45.00 615341 25159 ID WHOLESALER 5/7/2015 344.50 615342 28166 INFRASTRUCTURE ENGINEERING CORP 5/7/2015 5,750.00 615343 20795 IPC USA INC 5/7/2015 22,569.80 615344 28140 IVES TRAINING COMPLIANCE GROUP 5/7/2015 2,154.81 615345 26694 JACOBSEN WEST 5/7/2015 60.29 615346 19283 JAM SERVICES 5/7/2015 2,107.00 615347 26387 JIM BURKE FORD 5/7/2015 44,022.37 615348 24941 JASON JOHNSON 5/7/2015 927.00 615349 28256 CHARLES JORDAN 5/7/2015 455.00 615350 4254 JUDICIAL DATA SYSTEMS CORP 5/7/2015 930.60 615351 26066 KARR, STEVEN 5/7/2015 240.00 615352 27645 KATOM RESTAURANT SUPPLY INC 5/7/2015 6,222.05 615353 27533 KERN COUNTY AGING AND ADULT SERVICE 5/7/2015 120.00 615354 17288 KERN COUNTY ENVIRONMENTAL 5/7/2015 150.00 615355 16365 KERN GLASS AND ALUMINUM 5/7/2015 2,715.00 615356 4701 KERN SPRINKLER LANDSCAPING INC 5/7/2015 11,842.25 615357 21740 KHADJADORIAN, MARY 5/7/2015 150.00 615358 26949 JOHN KLAWIKOWSKI 5/7/2015 60.00 615359 4875 KNIGHTS PUMPING & PORTABLE SVC 5/7/2015 80.90 615360 14219 L A GRINDING 5/7/2015 35.00 615361 28037 BRIAN LYNCH 5/7/2015 300.00 615362 14977 M H WOLFE AND ASSOCIATES 5/7/2015 1,886.25 615363 22263 M -B COMPANIES INC 5/7/2015 1,943.00 615364 28220 MANCOMM INC 5/7/2015 1,098.03 615365 12627 MARDEROSIAN CERCONE & COHEN 5/7/2015 14,435.50 615366 23758 LYNN MARTINEZ 5/7/2015 53.00 615367 5265 MARTINUSEN, TREVER 5/7/2015 59.95 615368 20011 MCENTEE MEDIA CORPORATION 5/7/2015 83.00 615369 22341 KAY MCGAHA 5/7/2015 262.00 615370 16016 MCINTOSH & ASSOCIATES 5/7/2015 6,388.00 615371 14119 METRO RECORD STORAGE 5/7/2015 680.40 615372 19252 MEYER CIVIL ENGINEERING INC 5/7/2015 9,725.60 615373 1316 MICHELIN NORTH AMERICA INC 5/7/2015 1,296.66 615374 19305 MOORE IACOFANO GOLTSMAN INC 5/7/2015 12,565.37 615375 5708 MOTOROLA INC 5/7/2015 398.90 615376 25752 NISHIKAWA PROPERTY MAINTENANCE 5/7/2015 7,451.84 615377 23333 JOE O'GRADY 5/7/2015 820.00 615378 12599 ORANGE CO SHERIFF'S DEPT - TRAINING 5/7/2015 134.00 615379 27761 JOHN OTTERNESS 5/7/2015 65.00 615380 22301 OVERLAND PACIFIC & CUTLER INC 5/7/2015 253,486.76 615381 26926 LARRY PATTERSON 5/7/2015 100.00 615382 10849 CAMERON PAULDEN 5/7/2015 42.99 615383 24029 PAYLESS TOWING 5/7/2015 165.00 615384 28252 PENN CREDIT 5/7/2015 1,744.00 615385 25177 PENNY LANDSCAPING SERVICES 5/7/2015 650.00 615386 25424 PET WASTE ELIMINATOR 5/7/2015 704.99 615387 27514 CHARLIE PHILLIPS 5/7/2015 220.00 615388 22339 PLANETBIDS, INC 5/7/2015 12,800.00 615389 17911 PLCS PLUS INTERNATIONAL INC 5/7/2015 1,031.50 615390 20943 PONTON INDUSTRIES 5/7/2015 2,621.17 615391 27911 PORTERVILLE FORD 5/7/2015 1,134.83 S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 5120115 CC AGENDA PACKET PAGE 1 5/7/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 12 FROM 4/24/2015 TO 5/07/2015 Check Number Vendor Number Vendor Name Check Date Check Amount 615392 28254 NATHAN POTEETE 5/7/2015 70.00 615393 6430 POWER MACHINERY CENTER 5/7/2015 155.57 615394 20415 PROFORCE LAW ENFORCEMENT 5/7/2015 313.05 615395 27625 PROTECTION FORCE PRIVATE SECURITY 1 5/7/2015 920.00 615396 10424 RANDOLPH, ROTANZA 5/7/2015 90.66 615397 20713 RANDY'S TOWING 5/7/2015 35.00 615398 6682 RAYMONDS TROPHY AND AWARDS 5/7/2015 583.39 615399 26825 RISE & SHINE LAWN MAINT & YARD SERV 5/7/2015 185.00 615400 6915 ROUND -UP FEED AND PET SUPPLY 5/7/2015 75.22 615401 13860 RUETTGERS & SCHULER CIVIL ENG 5/7/2015 9,000.00 615402 27515 GREG RULOPH 5/7/2015 120.00 615403 7029 SAN DIEGO POLICE EQUIPMENT CO 5/7/2015 536.45 615404 27361 SC FUELS 5/7/2015 19,753.89 615405 7283 SEQUOIA PAINT COMPANY 5/7/2015 736.11 615406 28253 SERVPRO OF NW BAKERSFIELD 5/7/2015 1,329.76 615407 26203 SIERRA CONST & EXCAVATION INC 5/7/2015 1,950.00 615408 28123 SKKN INC 5/7/2015 20,926.27 615409 7434 SMART & FINAL IRIS COMPANY 5/7/2015 164.52 615410 7459 SNIDER'S INC 5/7/2015 294.82 615411 11566 SOIL CONTROL LAB INC 5/7/2015 435.00 615412 11907 SPARKLETTS /SIERRA SPRINGS 5/7/2015 520.03 615413 20034 JEFF SPINA 5/7/2015 567.00 615414 30011 FRANCHISE TAX BOARD 5/7/2015 30.00 615415 17077 STERICYCLE INC 5/7/2015 705.42 615416 21725 LOUIS SUN 5/7/2015 125.00 615417 28257 VICTOR SWALL 5/7/2015 455.00 615418 28163 SWITZER, PHILIP 5/7/2015 120.00 615419 26369 T Y LIN INTERNATIONAL INC 5/7/2015 81,444.61 615420 22165 TECH DISTRIBUTION & TIRE SUPPLY 5/7/2015 109.91 615421 19961 THE HON COMPANY 5/7/2015 517.61 615422 17175 THYSSENKRUPP ELEVATOR 5/7/2015 1,567.23 615423 96 TYACK'S TIRES INC 5/7/2015 525.75 615424 21501 URBAN RESTORATION 5/7/2015 3,365.65 615425 8539 VALLEY INSTRUMENT SERVICE 5/7/2015 317.15 615426 8520 VALLEY POWER SYSTEMS, INC 5/7/2015 25.37 615427 8611 VAUGHN WATER CO INC 5/7/2015 16,985.05 615428 28022 VORTEX INDUSTRIES INC 5/7/2015 9,357.52 615429 15482 VULCAN MATERIALS CO 5/7/2015 162,916.57 615430 14647 WAXIE SANITARY SUPPLY 5/7/2015 36.46 615431 25672 WESTERN ENERGY SYSTEMS 5/7/2015 5,150.17 615432 8995 WHOLESALE FUELS 5/7/2015 334.79 615433 11063 MARISELA ZARAGOZA 5/7/2015 113.28 615434 22874 ZOLL DATA SYSTEMS 5/7/2015 1,500.00 615435 27884 3M COGENT INC 5/7/2015 6,685.43 615436 27843 AMERICAN PAVING CO 5/7/2015 249,800.22 615437 618 BAKERSFIELD PLASTICS INC 5/7/2015 315.51 615438 13038 C M T A 5/7/2015 175.00 615439 23262 CALIFORNIA TRAINING INSTITUTE 5/7/2015 14,580.00 615443 1696 CALIFORNIA WATER SERVICE 5/7/2015 60,895.90 615444 18775 REPLACEMENT BENEFIT FUND 5/7/2015 560.61 615445 1941 CHEVRON USA 5/7/2015 1,137.90 615446 1944 CHICAGO TITLE COMPANY INC 5/7/2015 267,718.05 S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 5120115 CC AGENDA PACKET PAGE 105 5/7/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 13 FROM 4/24/2015 TO 5/07/2015 Check Number Vendor Number Vendor Name Check Date Check Amount 615447 1944 CHICAGO TITLE COMPANY INC 5/7/2015 257,669.10 615448 1944 CHICAGO TITLE COMPANY INC 5/7/2015 214,509.15 615449 1944 CHICAGO TITLE COMPANY INC 5/7/2015 177,331.20 615450 1944 CHICAGO TITLE COMPANY INC 5/7/2015 256,678.15 615451 1944 CHICAGO TITLE COMPANY INC 5/7/2015 219,530.15 615452 11937 CITY OF BAKERSFIELD 5/7/2015 1,410.00 615453 12298 CITY OF BAKERSFIELD 5/7/2015 9,311.66 615454 15634 CITY OF BAKERSFIELD 5/7/2015 3,315.31 615455 17023 CITY OF BAKERSFIELD 5/7/2015 19,740.00 615456 2214 COUNTY OF KERN 5/7/2015 100.00 615457 21767 CRIME FREE LIVING 5/7/2015 2,475.00 615458 22670 CROSSTOWN ELECTRICAL & DATA 5/7/2015 7,400.00 615459 26312 EPIC CARD SERVICES 5/7/2015 1,350.01 615460 2959 FIRST AMERICAN TITLE COMPANY 5/7/2015 239,868.00 615461 2959 FIRST AMERICAN TITLE COMPANY 5/7/2015 307,122.00 615462 2959 FIRST AMERICAN TITLE COMPANY 5/7/2015 277,360.00 615463 2959 FIRST AMERICAN TITLE COMPANY 5/7/2015 257,504.00 615464 2959 FIRST AMERICAN TITLE COMPANY 5/7/2015 184,454.00 615465 7509 GAS COMPANY 5/7/2015 56.70 615466 28248 MARIO & MARTH A HERNANDEZ 5/7/2015 450.00 615469 7933 HOME DEPOT 5/7/2015 1,952.04 615470 19466 SUSAN MAGANA 5/7/2015 113.12 615471 11050 PACIFIC GAS & ELECTRIC CFM /PPC 5/7/2015 35,137.85 615472 6114 PACIFIC GAS & ELECTRIC COMPANY 5/7/2015 979.32 615474 20828 PARSONS TRANSPORTATION GROUP INC 5/7/2015 504,302.08 615475 28116 PELAGIC ENGINEERING 5/7/2015 58,538.00 615476 26854 PUBLIC SAFETY VOLUNTEER INSTITUTE 5/7/2015 504.00 615477 21327 TCSA STATE BOARD 5/7/2015 1,100.00 615481 10428 UNITED REFRIGERATION INC 5/7/2015 3,352.66 615485 20601 VERIZON WIRELESS 5/7/2015 10,664.03 615486 16550 VERIZON WIRELESS -LERT B 5/7/2015 100.00 615487 10199 BAKERSFIELD CITY EMPLOYEE 5/7/2015 190,715.00 9992865 24821 DEPARTMENT OF THE TREASURY 4/24/2015 1,323.14 9992866 30014 EMPLOYMENT DEVELOPMENT DEPT 4/24/2015 186,550.70 9992867 16862 HEALTHCOMP INC 4/24/2015 4,423.53 9992868 10217 I C M A RETIREMENT TRUST - 303749 4/24/2015 58,921.90 9992869 30010 IRS 4/24/2015 604,113.06 9992870 16863 NATIONWIDE RETIREMENT SOLUTIONS 4/24/2015 93,130.30 9992871 20699 VANTAGEPOINT TRANSFER AGENTS 4/24/2015 27,778.67 9992872 30022 IRS / FDRF 4/30/2015 191.00 9992873 10206 STATE OF CALIF - PERS 4/30/2015 1,415,029.67 9992874 11811 WELLS FARGO BANK NA 4/30/2015 94,533.05 9992875 16862 HEALTHCOMP INC 5/1/2015 1,080.28 9992876 27888 CALIFORNIA BANK & TRUST 5/7/2015 237,005.24 9992877 30025 STATE DISBURSEMENT UNIT 5/7/2015 17,252.75 9992878 11811 WELLS FARGO BANK NA 5/7/2015 57,374.89 670 11,872,852.27 S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 5120115 CC AGENDA PACKET PAGE 1 5/7/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1 FROM 4/24/2015 TO 5/07/2015 E- Payable Vendor Number Number Vendor Name E- Payable Date E- Payable Amount 8920 57 ABATE A WEED 4/24/2015 680.25 8921 63 ACE HYDRAULIC SALES & SERVICE 4/24/2015 475.80 8922 152 ALL AUTOMATIC TRANSMISSION SER 4/24/2015 1,650.00 8923 26538 ARAMARK UNIFORM & CAREER APPAREL 4/24/2015 7,175.41 8924 576 B & B SURPLUS 4/24/2015 261.77 8925 611 B S & E COMPANY INC 4/24/2015 1,404.07 8926 675 BAKERSFIELD CALIFORNIAN 4/24/2015 2,301.92 8927 1037 BERCHTOLD EQUIPMENT CO 4/24/2015 662.09 8928 1163 BLUEPRINT SERVICE CO 4/24/2015 924.63 8929 20747 CENTRAL SANITARY SUPPLY INC 4/24/2015 2,238.88 8930 29 CENTRAL VALLEY TRUCK CENTER 4/24/2015 5,173.61 8931 5147 COASTLINE EQUIPMENT 4/24/2015 1,847.56 8932 2162 CONSOLIDATED ELECTRICAL DIST INC 4/24/2015 2,351.28 8933 2187 CONTROLCO 4/24/2015 124.57 8934 13912 DIRECT SAFETY SOLUTIONS INC 4/24/2015 554.30 8935 14055 FAST UNDERCAR LLC 4/24/2015 5,702.48 8936 2874 FERGUSON ENTERPRISES INC 4/24/2015 3,496.42 8937 16838 GIBBS INTERNATIONAL TRUCK CTR. INC 4/24/2015 809.30 8938 18263 HUB CONSTRUCTION SPECIALTIES INC 4/24/2015 198.88 8939 23320 INK WORKS SCREEN PRINTING 4/24/2015 645.00 8940 4171 JERRY & KEITHS INC 4/24/2015 548.40 8941 1390 JIM BURKE FORD 4/24/2015 1,138.24 8942 1279 QUALITY HEAVY DUTY DIESEL ELEC 4/24/2015 159.83 8943 6555 QUINN COMPANY INC 4/24/2015 2,887.70 8944 19584 SMITH & SON TIRE INC 4/24/2015 7,474.61 8945 7670 STEWART ELECTRIC SUPPLY 4/24/2015 2,016.30 8946 7685 STINSON STATIONERS 4/24/2015 6,393.64 8947 7728 SULLY & SON HYDRAULICS INC 4/24/2015 1,374.27 8987 57 ABATE A WEED 4/30/2015 18.69 8988 63 ACE HYDRAULIC SALES & SERVICE 4/30/2015 56.79 8989 24819 AD WEAR & SPECIALTY OF TX 4/30/2015 1,003.80 8990 152 ALL AUTOMATIC TRANSMISSION SER 4/30/2015 10,483.45 8991 180 AMBER CHEMICAL INC 4/30/2015 1,450.82 8992 26538 ARAMARK UNIFORM & CAREER APPAREL 4/30/2015 1,637.51 8993 576 B & B SURPLUS 4/30/2015 117.39 8994 575 B C LABORATORIES 4/30/2015 374.00 8995 611 B S & E COMPANY INC 4/30/2015 2,010.21 8996 675 BAKERSFIELD CALIFORNIAN 4/30/2015 324.59 8997 1163 BLUEPRINT SERVICE CO 4/30/2015 791.22 8998 18753 BRIDGEPORT TRUCK MANUFACTURING 4/30/2015 8,085.82 8999 20747 CENTRAL SANITARY SUPPLY INC 4/30/2015 1,143.22 9000 29 CENTRAL VALLEY TRUCK CENTER 4/30/2015 1,132.27 9001 21220 CLEAN ENERGY INC 4/30/2015 8,729.09 9002 5147 COASTLINE EQUIPMENT 4/30/2015 4,095.11 9003 2162 CONSOLIDATED ELECTRICAL DIST INC 4/30/2015 2,644.15 9004 2187 CONTROLCO 4/30/2015 1,107.79 9005 14582 DAVE BANG ASSOCIATES INC 4/30/2015 779.45 9006 13912 DIRECT SAFETY SOLUTIONS INC 4/30/2015 679.71 9007 2757 ELECTRIC MOTOR WORKS INC 4/30/2015 8,733.81 9008 14055 FAST UNDERCAR LLC 4/30/2015 1,673.04 9009 2874 FERGUSON ENTERPRISES INC 4/30/2015 6,350.50 9010 16838 GIBBS INTERNATIONAL TRUCK CTR. INC 4/30/2015 3,754.21 9011 21739 GOLDEN EMPIRE TOWING INC 4/30/2015 810.00 S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 5120115 CC AGENDA PACKET PAGE 107 5/7/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 4/24/2015 TO 5/07/2015 E- Payable Vendor Number Number RE 761 Vendor Name E- Payable Date E- Payable Amount 9012 24247 GREGS PETROLEUM SERVICES INC 4/30/2015 1,181.73 9013 3570 HAAKER EQUIPMENT COMPANY 4/30/2015 619.54 9014 15694 JIMS TOWING INC 4/30/2015 1,012.00 9015 453 MUNICIPAL MAINTENANCE EQUIP INC 4/30/2015 375.85 9016 6550 QUAD KNOPF INC 4/30/2015 15,564.21 9017 1279 QUALITY HEAVY DUTY DIESEL ELEC 4/30/2015 311.70 9018 6555 QUINN COMPANY INC 4/30/2015 2,547.97 9019 6690 RECREONICS 4/30/2015 1,682.30 9020 14700 SOUTH COAST EMERGENCY VEHICLE SERV. 4/30/2015 1,789.68 9021 7670 STEWART ELECTRIC SUPPLY 4/30/2015 134.13 9022 7685 STINSON STATIONERS 4/30/2015 7,587.08 9023 7728 SULLY & SON HYDRAULICS INC 4/30/2015 1,590.93 9024 15868 TEL TEC SECURITY SYSTEM INC 4/30/2015 260.25 9025 13646 UNITED ROTARY BRUSH CORP 4/30/2015 316.43 9026 16838 GIBBS INTERNATIONAL TRUCK CTR. INC 5/1/2015 801.39 9027 21871 HD SUPPLY WATERWORKS 5/1/2015 454.81 9028 4171 JERRY & KEITHS INC 5/1/2015 1,333.48 9029 1390 JIM BURKE FORD 5/1/2015 1,221.54 9030 23984 MECHANICAL DRIVES & BELTING INC 5/1/2015 693.45 9031 24819 AD WEAR & SPECIALTY OF TX 5/7/2015 656.87 9032 26538 ARAMARK UNIFORM & CAREER APPAREL 5/7/2015 19.79 9033 18753 BRIDGEPORT TRUCK MANUFACTURING 5/7/2015 6,413.26 9034 1765 CARNEYS BUSINESS TECHNOLOGY CTR INC 5/7/2015 2,904.43 9035 17239 CENTRAL VALLEY OCCUPATIONAL INC 5/7/2015 298.26 9036 13088 E J WARD INCORPORATED 5/7/2015 1,221.28 9037 16838 GIBBS INTERNATIONAL TRUCK CTR. INC 5/7/2015 7.90 9038 21739 GOLDEN EMPIRE TOWING INC 5/7/2015 255.00 9039 24247 GREGS PETROLEUM SERVICES INC 5/7/2015 3,823.37 9040 3570 HAAKER EQUIPMENT COMPANY 5/7/2015 1,833.44 9041 15694 JIMS TOWING INC 5/7/2015 560.00 9042 2267 L N CURTIS & SONS 5/7/2015 89.84 9043 6555 QUINN COMPANY INC 5/7/2015 198.70 9044 19584 SMITH & SON TIRE INC 5/7/2015 1,721.11 9045 25504 STATEWIDE TRAFFIC SAFETY & SIGNS 5/7/2015 53.66 9046 25657 STEEL UNLIMITED INC 5/7/2015 2,550.98 9047 7670 STEWART ELECTRIC SUPPLY 5/7/2015 27.50 9048 7685 STINSON STATIONERS 5/7/2015 4,393.58 9049 13646 UNITED ROTARY BRUSH CORP 5/7/2015 7,981.57 Disbursement Total $203,146.86 $12,075,999.13 S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 5120115 CC AGENDA PACKET PAGE 1 fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 Consent -Ordinances c. TO: Honorable Mayor and City Council FROM: Douglas N. Mclsaac, Community Development Director DATE: 4/8/2015 WARD: Ward 4 SUBJECT: Zone Change No. 15 -0015; McIntosh & Associates, representing Diamond Farming Company, the property owner, has applied for a Zone Change to establish pre- zoning on 563.74 acres located along the south side of Stockdale Highway, between Nord Avenue (future alignment) and the Union Pacific Railroad. A categorical exemption applies to this project. (ZC # 15 -0015) 1. First Reading of Ordinance amending Title 17 of the Municipal Code to change the zone district located along the south side of Stockdale Highway, generally between Nord Avenue (future) and the Union Pacific Railroad (ZC No. 15- 0015). STAFF RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: Project Overview. The project is a zone change request to establish pre- zoning on 563.74 acres from the existing County A (Exclusive Agriculture) zone district to the City A (Agriculture) zone district. The subject property is currently within the unincorporated boundaries of the County of Kern and is located along the south side of Stockdale Highway; between Nord Avenue (future alignment) and the Union Pacific Railroad. The applicant is not proposing specific development of the site at this time; however, the applicant has filed a related request to annex the property into the City of Bakersfield (Annexation No. 659; Stockdale No. 17); which will be processed separately. Staff notes that a small triangular portion of the project site, generally located at the southwest corner of the property and south of the Cross Valley Canal, is currently outside of the City's Sphere of Influence boundary. In the future, when this property is being proposed for annexation, it will be necessary to include this small triangular property into the City's sphere of influence boundary. The applicant intends to continue farming the site until: (1) the annexation is complete; and (2) until surrounding properties, which are already designated for urban land uses, develop and market conditions are favorable for development. 5120115 CC AGENDA PACKET PAGE 109 Surrounding Properties. As noted above, the project site is currently under agricultural production. The surrounding properties include agricultural land and estate residential homes to the north, the Union Pacific Railroad - Asphalto Branch track and an industrial facility to the west, agricultural land that is planned for urban land uses (known as the Stockdale Ranch project area) to the east and the City of Bakersfield Water Bank property and the Cross Valley Canal to the south. Environmental Review. Staff has determined that the proposed project is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3), in that the proposal will not have a significant effect on the environment. This action merely pre -zones the site to reflect the existing General Plan designation and current use of the property and will not become effective until the site is annexed to the City. The project does not propose any new development or any land disturbance activities. The State CEQA Guidelines have been followed in the evaluation of the environmental effects of this project. Therefore, a Notice of Exemption (Exhibit C) was prepared for this project in accordance with CEQA. Planning Commission Hearing. On April 2, 2015, the proposed project was considered by Planning Commission and no one spoke in opposition to the project. The Planning Commission is recommending approval of the project by your Council. Conclusion and Recommendation. The requested agricultural zoning is consistent with the existing land use designations of Resource - Intensive Agriculture (R -IA) and Resource - Minerals & Petroleum — 5 acre minimum lot size (R -MP). The proposal will allow the property owner to annex the property into the City of Bakersfield to plan for future development of the site. The future proposed annexation provides a logical extension for the City, as there are existing estate homes and developing subdivisions to the north and the Stockdale Ranch Project area, a planned mixed -use development, to the east. The site is currently in agriculture production and the property owner intends to continue farming until neighboring properties develop and market conditions are favorable. The Metropolitan Bakersfield General Plan encourages the orderly outward expansion of new urban development that maintains continuity of existing development and allows incremental expansion of infrastructure and public services. Therefore, staff is recommending approval of the request. ATTACHMENTS: Description Blue Memo Type Cover IMeirno Ordinance with Exhibits Zone Change 15 -0015 C' r6nance 5120115 CC AGENDA PACKET PAGE 110 mi kyj Im UT M.* el I PINJ In 13121M After preparation of the Agenda, staff noiticed, a typographieW error ion the administrative report. The Zone change was 'Inadvertently listed as Zone change No. 14-0015 in the subject line of the administrative report and was immed�ilately corrected on the online agenda to re lect the correct Zone Change Noii, 15-0101'5. 5120115 CC AGENDA PACKET PAGE 111 B A K E R S F I E L D mi kyj Im UT M.* el I PINJ In 13121M After preparation of the Agenda, staff noiticed, a typographieW error ion the administrative report. The Zone change was 'Inadvertently listed as Zone change No. 14-0015 in the subject line of the administrative report and was immed�ilately corrected on the online agenda to re lect the correct Zone Change Noii, 15-0101'5. 5120115 CC AGENDA PACKET PAGE 111 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 ALONG THE SOUTH SIDE OF STOCKDALE HIGHWAY, GENERALLY BETWEEN NORD AVENUE (FUTURE) AND THE UNION PACIFIC RAILROAD (ZC NO. 15- 0015). WHEREAS, McIntosh & Associates for Diamond Farming Company, filed an application with the City of Bakersfield Community Development Department requesting to change the zone district from County A (Exclusive Agriculture) to City A (Agriculture) on 563.74 acres located along the south side of Stockdale Highway, generally between Nord Avenue (future) and the Union Pacific Railroad (the "Project "); and WHEREAS, the Planning Commission held a public hearing on April 2, 2015, and approved Resolution No. 12 -15, which recommended that the City Council approve the Project; and WHEREAS, the Planning Commission has found that the Project is exempt from the California Environmental Quality Act; and WHEREAS, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report and the Planning Commission's deliberation, and action; and WHEREAS, the Project is consistent with the Metropolitan Bakersfield General Plan. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Bakersfield City Council as follows: The Planning Commission's findings as contained in its Resolution No. 12 -15 are hereby adopted. 2. The Project is exempt from the requirements of California Environmental Quality Act (CEQA), pursuant to Section 15061 (b) (3). 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 5120115 CC AGENDA PACKET FACE 112 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: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER 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 C Notice of Exemption By: DL\ S: \ZoneChange \yr 2015 \15 -0015 \Ord \CC ZC Ordinance 15- 0015.docx Page 2 of 2 5120115 CC A EN A PACKET PAGE 113 4p 4p 4p x LU 0 Z LL LU 9 W Z o N I!R 'I � 4p r4 4p 13 'I 0 uj OZ 00 uj w (L 'I ,120115 CC AGENDA PACKET PAGE 114 Z4 c ell 15 0 La 42 g -,7, c. -E E E 2 'E S, L) W (�o Z N Am _E c. TO 6 �5 06 �2 w U) 9 E Z E E -9 E E :E E -ca < E S'2 2 E -S o �5 I m �F 8 8 E E 0 z LO -E C7 W 3 -E E E c9 E c9 E ff -Z-' E E E E E Z. E c9 -Zz E E L) E ff TO 8 q -�a E LL E 0 (3 U) 0) —i w m 15 w E E ff o o -F= m :5 w. 2 1 U) z mE cj, . 2 cr g -� _ E 'T m E o8 0 cr m, g -T cr -E :E L) -4: rs cr cr < L) < - - - - - — L9 '.6 s — -Z — < c�) cr cL cb — — I w cL cL cL cL cL cL Q� c� Q� R w 0 w L) r = 9 7 ? L) — :E L) L) L) L) L) :E :E :E cr 0 < < k 6 Allo 4p 4p 4p x LU 0 Z LL LU 9 W Z o N I!R 'I � 4p r4 4p 13 'I 0 uj OZ 00 uj w (L 'I ,120115 CC AGENDA PACKET PAGE 114 Z4 c ell e Af 0 c- ��e 4p 4p 4p x LU 0 Z LL LU 9 W Z o N I!R 'I � 4p r4 4p 13 'I 0 uj OZ 00 uj w (L 'I ,120115 CC AGENDA PACKET PAGE 114 *A:11 -3hA -a ZONE CHANGE LEGAL DESCRIPTION PROPOSED CITY PREZONING: A (FROM COUNTY ZONING A) BEING THOSE PORTIONS OF SECTIONS 5 AND 6, TOWNSHIP 30 SOUTH, RANGE 26 EAST, M.D.M., IN THE COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 5; THENCE ALONG THE FOLLOWING COURSES: I 1) SOUTH 00 °10'20" WEST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2,582.66 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 5; THENCE 2) SOUTH 00°11'35" WEST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION S. A DISTANCE OF 45.00 FEET TO THE NORTHERLY RIGHT-OF. WAY LINE OF THE CROSS VALLEY CANAL PER THAT CERTAIN FINAL ORDER OF CONDEMNATION RECORDED DECEMBER 1, 1981 IN BOOK 5421, PAGE 1531, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE 3) NORTH 89'08'03 " WEST, ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF 0.29 FEET; THENCE 4) NORTH 89'45'10" WEST, CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF 4,835.36 FEET; THENCE 5) NORTH 00 014'50" EAST, CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF 20.00 FEET; THENCE 6) NORTH 89 °45'10" WEST, CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 457.13 FEET TO THE WEST LINE OF SAID SECTION 5, SAID POINT ALSO BEING ON THE EAST LINE OF SAID SECTION 6; THENCE 7) DEPARTING SAID LINES, NORTH 89 °48'18" WEST, CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF 67.14 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE KERN COUNTY WATER AGENCY IN GRANT DEED RECORDED JULY 30, 2008 AS DOCUMENT NO. 0208120984, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE 8) NORTH 00'11'44" EAST, ALONG THE EASTERLY LINE OF SAID PARCEL OF LAND, A DISTANCE OF 100.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL OF LAND; THENCE 9) NORTH 89 °48 "16" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL OF LAND, A DISTANCE OF 563.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL OF LAND; THENCE P.IPROJ ECTS%1 4030. 00- $TCKNORDM.EGALS11.4O34ZC01.DOCX 5120115 CC A EN A PACKET PAGE 11.E ZONE CHANGE LEGAL, DESCRIPTION 10) SOUTH 00 °11'44" WEST, ALONG THE WESTERLY LINE OF SAID PARCEL OF LAND, A DISTANCE OF 100.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL OF LAND, SAID POINT ALSO BEING ON SAID NORTHERLY RIGHT -OF -WAY LINE OF SAID CROSS VALLEY CANAL; THENCE 11) NORTH 89 °48'16" WEST, ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF 282.62 FEET; THENCE 12) SOUTH 00 011'44" WEST, CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF 20.00 FEET; THENCE 13) NORTH 89 °48 "16 " WEST, CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF 1,951.69 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 395.00 FEET; THENCE 14) WESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, THROUGH A CENTRAL ANGLE OF 42 °51'56 ", AN ARC DISTANCE OF 295.52 FEET; THENCE 15) SOUTH 47 °19'48 " WEST, CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF 236.32 FEET TO THE NORTHERLY RIGHT -OF -WAY LINE OF THE SOUTHERN PACIFIC RAILROAD (ASPHALTO BRANCH) PER THAT CERTAIN DEED RECORDED OCTOBER 21, 1893 IN BOOK 47, PAGE 356, OF DEEDS, IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE 16) NORTH 42 °36'16" WEST, ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF 1 ,335.45 FEET TO INTERSECTION OF SAID NORTHERLY RIGHT -OF- WAY LINE AND THE WESTERLY LINE OF PARCEL 2 OF PARCEL MAP WAIVER NO. 1096 RECORDED JULY 20, 1989 IN BOOK. 6266, PAGE 1261, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE 17) NORTH 01 °06'23" EAST, ALONG SAID WESTERLY LINE, A DISTANCE OF 1,970.63 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 2, SAID POINT ALSO BEING ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6; THENCE 18) SOUTH 89 °23'68" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 305.19 FEET TO THE NORTHWEST CORNER OF PARCEL 1 OF SAID PARCEL MAP WAIVER NO. 1096; THENCE 19) SOUTH 00 °36'02" WEST, ALONG SAID WESTERLY LINE, A DISTANCE OF 848.50 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE 20) SOUTH 89-23-58" EAST, ALONG THE SOUTHERLY LINE OF SAID PARCEL, A DISTANCE OF 459.40 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 1; THENCE P:IPROJECTS \14030.00- STCKNORDU.EGALS114030ZC01.DOCX 5120115 CC AGENDA PACKET PAGE 116 ZONE CHANGE LEGAL DESCRIPTION 21) NORTH 01 °05'27" EAST, ALONG THE EASTERLY LINE OF SAID PARCEL 1, A DISTANCE OF 848.53 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6; THENCE 22) THENCE SOUTH 89 °23'68" EAST, ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 746.92 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 6; THENCE 23) SOUTH 89 °24'08" EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, A DISTANCE OF 2,650.31 FEET TO THE NORTHEAST CORNER OF SAID SECTION 6, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID SECTION 5; THENCE 24) SOUTH 89 °27'58 " EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 5, A DISTANCE OF 2,655.09 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 5; THENCE 25) SOUTH 89 °27 "24" EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5, A DISTANCE 2,650.15 FEET TO THE POINT OF BEGINNING. CONTAINING 563.74 GROSS ACRES, MORE OR LESS. M-CINTOSH &Assocwm6l 681- 834 - 4814.664- 834 -0972 2004 Wheelan Court • Bakersfield, CA 93309 P:\PROJECTS\14030.00-STCKNORD\LEGALS\14030ZCOI.DOCX 5120115 CC A EN A PACKET PAGE 117 EXHIBIT C NOTICE OF EXEMPTION TO: _ Office of Planning and Research FROM: City of Bakersfield PO Box 3044, 1400 Tenth Street, Room 222 Community Department Dept. Sacramento, CA 95812 -3044 1715 Chester Avenue Bakersfield, CA 93301 X County Clerk County of Kern 1 1 15 Truxtun Avenue Bakersfield, CA 93301 Project Title: Zone Change No. 15 -0051 Project Location - Specific: Located along the south side of Stockdale Highway, generally between Nord Avenue (future alignment) and the Union Pacific Railroad. Project Location -City: Bakersfield Project Location - County: Kern Project Description: An amendment to the City of Bakersfield Zoning Ordinance changing the zone classification from County A (Exclusive Agriculture) to establish City A (Agriculture) pre - zoning on 563.74 acres. Name of Public Agency Approving Project: City of Bakersfield Name of Person or Agency Carrying Out Project: City of Bakersfield, Community Development Department - Planning Division, 1715 Chester Avenue, Bakersfield, CA 93301 Exempt Status: Ministerial (Sec.21080(b)(1); 15268)); Declared Emergency (Sec.21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b) (4); 15269(b)(c)); Categorical Exemption. State type and section number. Statutory Exemptions. State section number. X Project is exempt from CEQA pursuant to Section 15061 (b) (3) Reasons why project is exempt: The City of Bakersfield (Lead Agency) has determined the proposed project will not have the potential for causing a significant effect on the environment under the provision of Section 15061(b)(3). The project entails a Pre - zoning of the site to the City A (Agriculture) zone district, consistent with the established Metropolitan Bakersfield General Plan land use designations and current agricultural use of the property. The project site will remain in agricultural uses upon approval of the pre - zoning request. No changes are proposed to the existing or allowed use of the site; therefore, this proiect will not cause a physical change in the environment. Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is exempt from CEQA. Lead Agency: Contact Person: Debbie Lewis, Associate Planner I Telephone /Ext.: (661) 326 -3733 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes X No_ Signature: Date: Title: Associate Planner I X Signed by Lead Agency Signed by Applicant Date received for filing at OPR: 5120115 CC A EN A PACKET PA E 118 fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 CONSENT -Resolutions d. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/22/2015 WARD: Ward 2 SUBJECT: Resolution authorizing the filing of an application with the Kern Council of Governments for allocation of Transportation Development Act funds for Fiscal Year 2015 -16 ($420,361) for the maintenance of the Bakersfield Amtrak Station during said fiscal year. STAFF RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: Transportation Development Act (TDA) Funds are administered by the Kern Council of Governments (Kern COG). TDA Article 4 Public Transportation funds have been used by Kern COG to address transit problems. Golden Empire Transit and other transit service- oriented organizations have been receiving these local transit funds to provide for the transportation needs within the City of Bakersfield. The City of Bakersfield is also eligible for TDA Article 4 Public Transportation funds to offset maintenance costs for the Bakersfield Amtrak Station since Amtrak is part of the public transportation system. As the owner of the Amtrak Station, the City is responsible for certain maintenance activities of the site. These Article 4 Transportation Development Act funds can be used to pay for those maintenance activities since Amtrak is part of the public transportation system. Costs incurred by the City for the Amtrak Station are fully funded with Article 4 Transportation Development Act funds. This Resolution authorizes staff to submit an application for those funds. The amount requested for Fiscal Year 2015/16 totals $420,361. The City files for TDA Article 4 funds each year. The FY 15/16 proposed budget includes both revenue and expenditures to maintain the Amtrak Station building. ATTACHMENTS: Description D Resolution Type 1=�esoIklfi &rl D Exhibit A - Public Transit Claim C:3aCli Ua p 11Mateirl4l 5120115 CC AGENDA PACKET PAGE 119 WHEREAS, the Transportation Development Act of 1971 provides for the disbursement of fund�s from the local Transportation Fund held in! trust by the Kern County Auditor-Controiler for use by the eligible claimants for the purpose authorized by Sections 99260( alp ) alt nd 99400(a) • the California Public Ufflities Code;and WHEREAS, funds from the Local Transportation Fund will be required to maintain a multimodal facility of the pub4c transportation system. NOW, THEREFORE, incorporating the above recitals, be it resolved by the Council of the City ♦ Bakersfield as follows: 2. That a copy of this resolution be transmitted to the Kern Council of Governments in conjunction with the filing of the claim; and the Kern Council of Governments be requested to concur in these findings and grant the allocation of funds as specified in the City's claim. G:\GROUPDAT\Georgina\Fund 145\Transit Claim 15-16\Arnirak"rDA Funds Reso.doc 5120115 CC AGENDA PACKET PAGE 120 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, MAXWELI[., WEIR, SMITH, HANSON, SULLIVAN, PARLIlER NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: A NOBERTA GAFFORD, CMC CITY CLERK and Ex Officlo, Clerk of the Council of the City • Bakersfield M, HARVEY L. HALL Mayor ANDREW HEGLUND Deputy City Attorney K G:\GROUPDAT\Georgina\Fund 145\Transit 0aim 15-16\Amtrok TDA FUnds Re.so.doc 5120115 CC AGENDA PACKET PAGE 121 Exhibit A TRARSPORTATION DEVELOPMENT ACT PUBLIC TRANSIT CLAIM 2015-2016 PART 1 OF CLAIMANT INFORMATION 9 Agency: City of Bakersfield - Pubfic Works Department Mailing: Address: 1600 Truxtun Avenue Office Address: 1501 Truxtun: Avenue City, State, Zip Bakersfield, CA 93301 Telephone: (661) 326-3724 Office Address: 1501 Truxtiun: Avenue City, State, Zip Bakersfield, CA 93301 Telephone: (661) 326-3572 E-Mail: 1—urf.1 �_rflzt WEB Site: tittp //wwve,bake ft eldca,Lty.,g§ 5120115 CC AGENDA PACKET PAGE 122 For Fiscal Year 2015-2016 1 11 1 r 1 ill 11 B. COMPLiANCE City of Bakersfield - Public Works ASSURANCES: The Department hereby certifies that, as a conditioin of receivins funds, nirsuant �g C 141 Regulations Sections 6600, et. seq., as amended, it shall ensure that: 4 0 A IIIIIIII0 W.� 2, All funds will be expended in accordance with the budgets described in Part 6 of this claim, attached hereto and made a part hereof, by this reference, These assurances are given in, consideration of and the for the purpose of obtaining any and all funds apportioned and allocated for public transit purposes pursuant to Public Utilities Codes, Division 10, Part 11, Chapter 4 of the State of California. e person wnose signature appears 7 jol ' I to prepare, submit and execute this claim on behalf of: City of Bakersfield - Public Works, I hereby attest to the reasonableness and accuracy of the financial information presented in this claim and teclare it to be consistent with the uniform system of accounts and records adopted by the Controller of tht4 State of California, M 5120115 CC AGENDA PACKET PAGE 123 Korn Council of Governments For Fiscal Year x CWIMANT: City of Biakersfield - Public Works Department 1 FY 2015-2016 PROJECTED AVAILABLE RESOURCES P:, Deferred Revenues — unexpended prior year cash receipts treasury as of June 3iO, most • l W• (Sections 1. TOTAL FY 2014-2015 PROJECTED AVAILABLE RESOURCES -- enter here and Part 4, Line J r Ip 5120115 CC A EN A PACKET PAGE 124 Kern Council of Governments For Fiscal Year 2015-2016 CLAIMANT: City of Bakersfield - Public Works Department IN iii! i 15394-11090,10 U-1.7iMizip .... INPUT 1RI pl�lil 1, M11 1111111111".011i 219074111 M 2, Operating Salaries & Wages 3. Other Salaries & Wages 4. Fringe Benefits r�� $15,400 P'. DEFERRED REVENUES AND AVAILABLE RESERVES AS OF JUNE 30,2015 -- enter here and on Line A, Part 5 (Sections, J-0) $29,475 5120115 CC AGENDA PACKET PAGE 125 For Fiscal Year 2015-2016 CLAIMANT: City of Bakersfield - Public Works Department 2015-2016 NONCURRENT TDA & OTHER BUDGETED RESOURCES A. Deferred Revenues & Available Reserves— unexpended prior year cash receipts and reserves held of June 30, 2015 (From Part 4, Line P) $29,475 B. Interest Earn i ngs--inte!rest earnings on claimant cash balances through June 30, 2015 $500 1. FTA Planning Assistance Z FTA Operating Assistance 1 FTA Capital Assistance 4. D. State Grants and Reimbursements (Source/Amount): I 2. E. Non-TDA Local Cash Grants and Reimbursement (Source/Amount): 1. 2. 3. F. Operating Revenues: 1. Passenger Fares 2. Special Fares 3. School Bus Service WRIM G. Other Revenues (Source/Amount): 1. Z L FY 2015-2016 NONCURRENT TDA & OTHER BUDGETED RESOURCES—enter here and on Part 6, tions A+B+C+D+E+F+G) $291,975 5120115 CC AGENDA PACKET PAGE 126 For Fiscal Year 2015-2016 J. FY 2015-2016 NONCURRENT TDA & OTHER BUDGETED RESOURCES (From Part 5, Line 1) 5.010-49MIN Mw 2. Operating Salaries & Wages 3. Other Salaries & Wages 4, Fringe Benefits LEMIMIMMEMMI M� Rs" Ii IiiY 5120115 CC AGENDA PACKET PAGE 127 For r -. CLAIMANT: City of Bakersfield - Pu.ubiic Works Department I. FY 2015 -2016 UNFUNDED BALANCE (From Fart 6, (Line I) (420,361) ILK UNEXPENDED RESOURCES AS OF JUNE 30, 2016 (Line I+Une 111)(ShoWd be $0) $0 5120115 CC AGENDA PACKET PAGE 128 Kern Council of Governments For Fiscal Year 2015,-2016 MIME= Question YES N# 1. Have all recommendations for corrective action from the FY 2013- 2014 independent financial audit report been implemented ? IF NO, PLEASE SUBMIT A CORRECTIVE ACTION PLAN COVERING EACH RECOMMENDATION NOT ADDRESSED. 11/1A 0 Of. nave all recommendations for corrective action from the FY 2013- 2014 performance audit report been implemented ? IF NO, PLEASE SUBMlT A CORRECTIVE ACTION PLAN COVERING EACH RECOMMENDATION NO ADDRESSED. N/A 3. Have all past transportation development plan recommendations been implemented ? IF NO, PLEASE SUBMIT A CORRECTIVE ACTION PLAN COVERING EACH RECOMMENDATION NOT ADDRESSED. 1' 4 4. Does the claimant maintain it"s financial records in accordance with the California State Controllers approved "uniform system of accounts and records 5. Has the claimant submitted it's "'Annual Report of Financial Transactions of Transit Operators" to the California State Controller for the fiscal year ended June 30, 2014? N/A 6. Is the system expected to meet the applicable farebox revenue ratio requirement for FY 2014-2015? N/A 7. Is the system budgeted to meet the applicable farebox revenue ratio requirement for FY 2014-2015? NIA 8. If the answer to questions 6 or 7 is NO (i.e. fares revenues, alone are insufficient to meet the applicable revenue ratio requirement), has the claimant committed sufficient "local funds" to supplement fares and thereby comply ? N/A 9. Does the claimant expect to qualify for and claim an "extension of service exemption"' for either FY 2014-2015 or FY 2015-20,16, ? N/A 10. Is a budget increase in excess, of 15% proposed for FY 2015-2016? X 11. Is an increase or decrease in excess of 15% in the scope of operations or capital budget provisions proposed for FY 2015-2016? X 5120115 CC AGENDA PACKET PAGE 129 Kern Council of Governments For Fiscal Year 2015-2016 Question YES NO (NOTE: If the answer to question 11 or 12 is YES, PLEASE SUBMIT A STATEMENT WHICH DESCRIBES THE COMPONENTS OF THE INCREASE/DECREASE AND JUSTIFIES OR SUBSTANTIATES THE CHANGE.) Attached 12. Is the claimant proposing an increase in executive level salaries for FY 2015-2016? IF YES, PLEASE SUBMIT A STATEMENT WHICH DEFINES AND JUSTIFIES THE INCREASE. X 13. Is the claimant precluded by contract from contracting with common carriers or persons operating under franchise or license ?, N/A 14. Does the claimant expect to subcontract with outside parties for the provision of operator services in FY 2015-2016 ? IF YES, PLEASE SUBMIT A COPY OF ALL NEW OR AMENDED CONTRACTS NOT PREVIOUSLY SUBMITTED. N/A 15, Is the claimant precluded by contract from employing part-time drivers ? N/A 16, Does the claimant routinely staff public transportation vehicles designed to be operated by one person with two or more persons ? N/A 17. Has the claimant's participation in the California Department of Motor Vehicle "Driver Pull Notice Program"' been certified by the California Highway Patrol within the past 13 months ? IF YES, PLEASE SUBMIT A COPY OF FORM chp 339, "TRANSIT OPERATOR COMPLIANCE CERTIFICATE". N/A 18. is the claimant's retirement system fully funded with respect to it's officers and employees ? X 19, Does the claimant have a private pension plan ? X 20. If the answer to question 19 is YES and the plan is a "defined benefit plan", does the claimant do each of the following: N/A a. Conduct periodic actuarial studies of it's employee pension plans to determine the annual cost of future pension benefits ? N/A b, Set aside and invest, on a current basis, funds sufficient to provide for the payment of future pension benefits ? NIA_ 5120115 CC AGENDA PACKET PAGE 130 Supplemental Informafion, Justification for Budget Increase in Excess of 15% The FY 14/15 budget for the Bakersfield Amtrak Station totaled $3. ,550. The FY 15/16 proposed budget for the Amtrak Station totals $450,336. This is an increase of 26.7% ($94,786). Justifications for this increase follow: $10,000 increase for on-call track maintenance work (includes schedul preventative maintenance and emergencies) I 0 $5,00O increase for janitorial services 5120115 CC AGENDA PACKET PAGE 131 fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 Consent -Resolutions e. TO: Honorable Mayor and City Council FROM: Douglas N. Mclsaac, Community Development Director DATE: 4/20/2015 WARD: Ward 7 SUBJECT: Resolution approving an application to the Kern County Local Agency Formation Commission to annex uninhabited territory to the City identified as Annexation No. 653 located at the southwest corner of Taft Highway and Chevalier Road. STAFF RECOMMENDATION: The City Council has requested the resolution of intent to annex be brought forth for approval. BACKGROUND: The resolution proposes an application to be submitted to the Kern County Local Agency Formation Commission (LAFCo) for the annexation of uninhabited territory into the City of Bakersfield. Annexation No. 653 consists of two parcels of land and road right -of -way for Taft Highway and Chevalier Road on 30.10 acres. One of the two property owners, Tafter LLC, is requesting to annex into the City for development purposes. The other property owner has not submitted a request to annex his property (3.23 acres) into the City. However, it was necessary to include this adjoining parcel for a logical boundary and to prevent the creation of a county island. LAFCo requires that the City include property in situations where an island or illogical boundary is created by approval of an annexation. Since there is not 100 - percent consent from the property owners, LAFCo will hold a protest hearing during the processing of the annexation. The territory is adjacent to the City limits and is within the City's Sphere of Influence boundary. Surrounding properties include a mobile home park and commercial businesses to the west, undeveloped commercial zoned property to the north, agriculture land to the south and agriculture land that is designated for single - family development to the east. The exchange of property tax revenues for this annexation is defined within the master tax split agreement (Memorandum of Understanding 05 -015 and subsequent amendment) between the City of Bakersfield and County of Kern. ATTACHMENTS: Description Type Resolution with Exhibits 1=�esolklfi&rl 5120115 CC AGENDA PACKET PAGE 132 RESOLUTION NO. A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 653 LOCATED AT THE SOUTHWEST CORNER Of TAFT HIGHWAY AND CHEVALIER ROAD. WHEREAS, the City of Bakersfield desires to propose a change of organization, to wit, the annexation to the City of Bakersfield of the hereinafter- described territory, pursuant to Section 56654 of the Government Code of the State of California; and WHEREAS, the proposed annexation territory is within and consistent with the City of Bakersfield Sphere of Influence boundary; and WHEREAS, the City of Bakersfield agrees to annex the territory located at the southwest corner of Taft Highway and Chevalier Road.; and WHEREAS, the City has agreed to serve the territory upon annexation; and WHEREAS, some of the property owners of the territory have consented to annexation; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that it hereby finds and determines as follows: That the City of Bakersfield hereby proposes the annexation to the City of Bakersfield of the territory in Exhibit "A" and shown on map marked Exhibit "B" for the project attached hereto and made a part of this resolution as though fully set forth herein, located at the southwest corner of Taft Highway and Chevalier Road. 2. That a plan for providing services within the affected territory of the proposed annexation, in accordance with the provisions of Section 56653 of the Government Code, is marked as Exhibit "C ", attached hereto and made a part hereof as though fully set forth herein. 3. That this proposal for change of organization, to wit, annexation, is made pursuant to the Cortese- Knox - Hertzberg Local Government Reorganization Act of 2040, and it is requested that proceedings be authorized for annexation in accordance therewith. 4. That the reasons for the proposed change of organization is that some of the property owners of the affected territory desire to receive municipal services from the City of Bakersfield and the City desires to receive tax revenues for benefits given and to be given to the territory proposed to be annexed. 5. That this proposed annexation territory and the prezoning therefore was adopted by the City Council and a Negative Declaration for the annexation is determined to be adequate for the annexation proposal. 5120115 CC A EN A PACKET PAGE 133 6. That the laws and regulations relating to the preparation of a Negative Declaration as set forth in the California Environmental Quality Act have been duly followed. 7. That the territory proposed for annexation as described herein has been determined to be uninhabited pursuant to Section 56046 of the Government Code. 8. That the territory proposed for annexation as described herein has been determined not to have 100% of the property owners consenting to annexation. 9. That the territory proposed for annexation as described herein is within the City of Bakersfield Sphere of Influence boundary. 10. That the Local Agency Formation Commission waive the protest hearing proceedings pursuant to Part 4, commencing with Section 57000 of the Cortese -Knox- Hertzberg Local Government Reorganization Act of 2000. 11. That the names of the officers of the City of Bakersfield who are to be furnished with copies of the Executive Officer's Report and who are to be given mailed Notice of Hearing, if any, are: Roberta Gafford City Clerk City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 Alan Tandy City Manager City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 . ..... ... ... . ..... .... ... .. ..... ... ... .. ..... .... ... . ... .... ... .. ..... .... ... .. ..... .... ... .. ..... .... ... .. ..... .... ... .. ..... . . Virginia Gennaro City Attorney City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 12. That the appropriate City officials shall file the (10) copies of this Resolution, with Exhibits, with the Executive Officer of the Local Agency Formation Commission of Kern County at 5300 Lennox Street, Suite 303, Bakersfield, and CA 93309. --------- aDo-- - - - - -- Pi 5120115 GG AGENDA PACKET PAGE 134 I HEREBY CERTIFY that the forgoing Resolution was passed and adopted by the City Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: NOES: ABSTAIN ABSENT: COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER COUNCILMEMBER: COUNCILMEMBER; COUNCILMEMBER: ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield P.122107jlb 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 - Legal Description? B - Map C - Plan for Services S:\Annexation\Res of Applic\ pending tax agreement\ROA 653 _not all consent.docx 5120115 CC A EN A PACKET PAGE 1,3.E EXIIIIiIT "A "' ANNEXATION NO. 653 TO THIS CITY OF DAICERSF1E1,U OHEVALII<M NO.3 THOSE PARCEL..S OF 1- .ANN71313IiNG PARCELS 2 AND 3 01: L.O`i' I THE ADJUSTMENT MENT iNO. 56-94 AS VE R CERTIMCATI, CAE C43MPI,IANC_Fi RL:CORDED NOVEMBElk 29, 1994 AS DDOCUMENTNO. 170452 0 OFF11C1A1.RUCORDS, ALSO BF.IENO A POWfl 3N OF SE(.-]'ION 0, TOWiNSI4W 3I S0UTll, RANGE 2A EA9r TOGETI -lrR WITH A P©R -n0N OFTHE SOUTH -aw KIET OF SECIIOIN I I. TOWiNSIIIP 30 SOU17H, RANGE 28 EAST. MOUNT DIABLO SAS6 AND MERIDIAN. IN TuE t -NI iCORPORATED AREA OF THE COUNTY OF YX-RN, STATE OF C'AIAF-OR NIA,. MORE PARTICULARLY DESC:RIE3i3I3 AS COMMETNC [NO AT -1'FIFf NORTIl Cat }AR71ER CORNER OF SA 10 SECTION 6. ALSO SEI\tO THI. C:EN'1 HRLINF' 11N'l- ERSECTIO N 4]F TAFI' 1 -IIC,I (WAY (COUNTY ROAD NO. 25 AND 2:187) AND CHEVALIER ROAD (Cx)lJN'I'Y ROAD NO, 704), SAID POINT BEING A MONUMENTS D SECTION CORNER CAL.CULA'IED FROM SURVEY INVESTIGATION AND PERPETUATION MAP 7 -I, BK -.6, PG- 121 ON FILE IN THE OFFICE OF THE KERN COUNTY SURVEYOR TO BE 644524.322 FErT 1NORTIi AND 1698134.060 FEET EAST. CALIFORNIA, STATE; PLANE COORDINATE SYS'1'1--.M. ZONE 5; THENCE NO TTI 34 01723" EAST. 36,1 l FEET TO A POINT LYING 30.00 JFFB ' NOR'I'I3EtLY OF AND 20-00 FEE 1' HASIVRI -Y OF SAID NORTH QUARTER CORNER OF SAIl7 SEC]'IOIN 6, AND TI•IE POINT OF B GINNING; 711E NCE (1) solin) 0(°39':39" WEST ALONG A LINE LYING 20--X) FEET EAST AND PARALLEL WITH THl CENTERLINE OF SAID CHEIVALIER ROAD, A DISTANCE OF 1:355.55 1 RUP IO A POINT LYING 20,110 FEET FAST OF SAID CE1NTERLEIE AND THE PROLONGATION 017'i'HE SC UTI•I LINE OF SAID PARCHL. 7.; '1'FffiNC.r— (2) y1[lEtTH SV3I'54" WEST ALONG THE SOUT14 LINI:01= SAID PARCEL 2, A DISTANCE OF 9. 13.6 4 FEET, TO THE SOUT1IWE5'C CORNER OF SAID PARCEL 2 (ALSO BE,N3 O THE 80LTTI-IEAST CORNER OF ANNEXATION No. 619): I'11F 1C'1= ALONG ANNEXAI ON NC7. 619 E30U!kiIARY THE FOLLOWING 4 COURSES: -I 1 E" 4.•1; (3 € NORTH OW43'45" EAST ALONG THE WEST LINT OF SAID l }ARRICEL 2, A DISTANCE Or- 1295.45 FEETTO A POINT LYING 30.017 F'I'ST SOUTH OFTHE NOR ITI LINE OF SAID SEC 4)N 6; NO11'1'6- 181732' 17" WEST ALONG A LINE LYING 30.04} I=El:1' SOUTH AND PARALLEL WITII TIDE NORTH LINE OF SAID SECTION 6, A DfS'I'AjgC1> OF 396-00 FRET I`O'I73E WEST LINE OF PARCEL I OF LO'l l..INi, AIDJUS'['ib1[i:N L'NCI. 56 -94; TI11 wr, (5.) SOUTH (0°4345" WILT ALONG THE WEST LINE OF SAID PARCUL 1. A DISTANCE OF 25.00 ITET TO A POINT LYIING 55A) FEIN I' SOU H OF SAID ENORTII LINE OF SAID SIX'TIOIN 6 (ALSO BLIND TIME- RI(;H'I -- OF -WAY 17011 TA171- IIGHWAY. CO. RD, No, ZS & 2387), 'I'I.m NCE €(r) NORTH 8903217" WEST ALO NG SAID RWHT -OF -WAY AND PARALLEL WITH THE NORTH LINE OF SAIDD SEC." FlO N 6, A DISTANCE € F E 10.50Iri:J7 TO TIIE MOST EASTLY SOL`'ItlEAST CORNER OF ANNE?CA'1'1LIiN No, Ci[3d;.. .... .. . THENCE (7) NORTH 6100'&7'43" E:A9T I)12PA9TIKG SAID RIGIIT- Ol=WAY ALE.li+G 11 -IE MOST E:AS'1 LY LINE O SAlt) ANNEXATION Iva. 604 85.00 FEET TO A POINT LYING 30.00' NORTH OF SAID NOTITH I..II rr-, 01= SAID SECTION 6 THENCE (8) SOUTH 8V32'17" EAST ALONG A LINE LYING 30.00 I•`1lly 1' NOWT 1 AND PARA1.1.,1331, WITH THE NORTH LINE OF SAID SECTION 6. A DISTANCE 01' 1448.92 FEIrl A) ITIE POINT OF BEGINNING, CONTAINING 30. 10 ACRES CHECK by KERN COUNTY SU VEYORS OFFICE Date L117115- APPROVED 7 -Z5, 5120115 CC AGENDA PACKET PAGE 136 rQ W "a Wd .......... co QO ci z c") C) ❑ LLJ re U) � :3 � Z < > U) LU z LU LL. < A LL 0 X Lu 0 Ul cn 0 c") W Lu < LU ra Z 0 LL Z 0 < 'Y F, ,4 - aT ----------- k — — — — — — — _.. -._- II 0 LU pif - -- - - — -------------------------- 94 e'. Z iN -- - - - - - - - - - - - �d T 5120115 CC AGENDA PACKET PAGE 137 rr) m LO cQ Q �z zor- D-3 uU z z U7 W W U) 2 m w w a 0 LL Z a J IL m of �n ai LL F- rn (1) U� CO cn v7 ° q m .WIZ) Z) Z) Z)Z)� ww LzLILZLI ~ 0� LULLU0 L. 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TO: Honorable Mayor and City Council FROM: Dianne Hoover, Director of Recreation and Parks DATE: 5/6/2015 A%1N13 SUBJECT: Resolution determining that the installation of the Rain Bird Maxicom Irrigation Systems cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $200,000. STAFF RECOMMENDATION: Staff recommends adoption of resolution and approval of agreement. BACKGROUND: In 2014 the City was awarded grant funds from the Urban Water Use Efficiency Project State Fund, which is a Proposition 84 grant program. An initiative under this grant is to upgrade the City's park irrigation equipment to a computer -based central control unit for monitoring and controlling water flow. Eighteen (18) parks citywide will be retrofitted and brought online in this effort. This project will further the City's water conservation efforts through the design and installation of this irrigation control system, which provides real -time information on irrigation water demands for each park site. Irrigation applications will be regulated based on site - specific and local weather conditions, thereby adjusting irrigation levels through the central controller. The City has standardized Rain Bird Maxicom controllers to centrally control water usage throughout Bakersfield. The previous installation of this equipment has exclusively been performed by Kern Sprinkler Landscaping, Inc. (Kern Sprinkler). They are a locally operated company who is also a Certified Rain Bird Maxicom Installer. In addition, Kern Sprinkler is the City's current annual contractor for irrigation repairs. As a result, they are the most knowledgeable company regarding the City's irrigation system, matrix, and controller locations. Lastly, due to their experience with the City's existing systems, Kern Sprinklers can mobilize quickly to install the new equipment, which increases our water conservation immediately. City staff recommends the City Council find that the Rain Bird Maxicom equipment can only be reasonably installed by Kern Sprinkler because of necessity to successfully integrate such work, supplies, and equipment into City's existing system, and that the Council authorize dispensing with bidding requirements in accordance with subsection D.2 of Section 3.20.060 of the Bakersfield Municipal Code. 5120115 CC AGENDA PACKET PAGE 140 There will be no impact to the General Fund as funds for installation are in the FY 2014-2015 budget within the Recreation Facility Fund. ATTACHMENTS: Description D Resolution D Agreement D Exhibit A D Exhibit B Type F�esoklfiOlrl Agreement Exhl Ike lit Exhl Ike lit 5120115 CC AGENDA PACKET PAGE 141 RESOLUTION NO. A RESOLUTION DETERMINING THAT INSTALLATION OF RAIN BIRD MAXICOM IRRIGATION SYSTEMS CANNOT BE REASONABLY OBTAINED THROUGH THE USUAL BIDDING PROCEDURES AND AUTHORIZING THE FINANCE DIRECTOR TO DISPENSE WITH BIDDING THEREFOR AND RECEIVE INSTALLATION SERVICES FROM KERN SPRINKLER LANDSCAPING, INC., NOT TO EXCEED $200,000 DOLLARS. WHEREAS, Rain Bird Maxicom components are installed at various Citywide locations within the City of Bakersfield to work in conjunction with a Rain Bird Maxicom computer -based central controller unit in monitoring and controlling water flow; and WHEREAS, remote irrigation controllers are linked to a central controller that monitors and automatically adjusts irrigation requirements to maximize efficient use of water; and WHEREAS, the City desires to expand the Rain Bird Maxicom irrigation system to additional Citywide locations; and WHEREAS, Rain Bird Maxicom is a patented product of Rain Bird that can only be installed by a Rain Bird Certified Maxicom Installer; and WHEREAS, Kern Sprinkler Landscaping, Inc. is a Certified Maxicom Installer for Rain Bird and has installed all of the Maxicom Systems for the City of Bakersfield; and WHEREAS, the Recreation and Parks Director recommends the City Council find that said Rain Bird Maxicom equipment can only be reasonably installed by Kern Sprinkler Landscaping, Inc., because of necessity to successfully integrate such work, supplies, and equipment into City's existing system, and 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. -- Page 1 of 3 Pages -- 5120115 CC AGENDA PACKET FACE 142 2. The Rain Bird Maxicom irrigation equipment can only be reasonably installed by Kern Sprinkler Landscaping, Inc. because of necessity to successfully integrate such work, supplies, and equipment into City's existing system. 3. The Finance Director is authorized to dispense with bidding in accordance with Section 3.20.060 of the Bakersfield Municipal Code. 4. The expenditure of funds for said work, supplies, equipment or materials shall not exceed two - hundred thousand dollars ($200,000). EMENIM -- Page 2 of 3 Pages -- 5120115 CC AGENDA PACKET FACE 143 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, PARLIER NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBER JIM HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Associate City Attorney T:\ Attorney - Boiler \SoleSourceSamp le Reso.wpd CITY CLERK AND EX OFFICIO of the Council of the City of Bakersfield -- Page 3 of 3 Pages -- 5120115 CC AGENDA PACKET FACE 1 AGREEMENT NO. INDEPENDENT CONTRACTOR'S AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ( "CITY" herein) and KERN SPRINKLER LANDSCAPING, INC. ( "CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of installing Rain Bird Maxicom Systems; and WHEREAS, CONTRACTOR retains appropriate Rain Bird Maxicom System Installer certification and training; and WHEREAS, CITY desires to employ CONTRACTOR to fulfill Rain Bird Maxicom System installation services. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work is described as: provide installation of Rain Bird Maxicom Irrigation Systems in accordance with Exhibit A and in conjunction with the Labor Compliance Plan, which is attached hereto as Exhibit B. The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of TWO HUNDRED THOUSAND DOLLARS ($200,000) which shall be paid as follows: 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. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services INDEPENDENT CONTRACTOR'S AGREEMENT C:\ Users \lreza \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \2C5JXY4Y \Kern Sprinkler Maxicom (3).docx B Updated - March 9, 2015 -- Page 1 of 9 Pages -- 5120115 CC AGENDA PACKET FACE 145 rendered after receipt of an itemized invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by CITY to CONTRACTOR shall be made within thirty (30) days after receipt and approval by CITY of CONTRACTOR's itemized invoice. 4. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to the work set forth herein. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience in the type of work called for herein. CITY reserves the right to approve key personnel. Once the key personnel are approved CONTRACTOR shall not change such personnel without the written approval of CITY. 5. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by CONTRACTOR and CITY. 6. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth. 7. 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. 8. 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. If a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If a partnership, at least one partner shall hold the required licensees or professional degrees. 9. 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. 10. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in a writing approved by the City Council and signed by all the parties. INDEPENDENT CONTRACTOR'S AGREEMENT C:\ Users \lreza \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \2C5JXY4Y \Kern Sprinkler Maxicom (3).docx B Updated - March 9, 2015 -- Page 2 of 9 Pages -- 5120115 CC AGENDA PACKET FACE 146 11. 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. 12. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on December 31, 2017. 13. TERMINATION. This Agreement may be terminated by any party upon ten (10) days written notice, served by mail or personal service, to all other parties. 14. 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. 15. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 16. 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 INDEPENDENT CONTRACTOR'S AGREEMENT C:\ Users \lreza \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \2C5JXY4Y \Kern Sprinkler Maxicom (3).docx B Updated - March 9, 2015 -- Page 3 of 9 Pages -- 5120115 CC AGENDA PACKET FACE 147 association with CONTRACTOR other than that of an independent contractor. 17. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 18. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 19. INSURANCE. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements ") herein: 19.1 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: 19.1.1 Provide coverage for owned, non -owned and hired autos. 19.2 Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 19.2.1 Provide contractual liability coverage for the terms of this Agreement. 19.2.2 Provide unlimited products and completed operations coverage. 19.2.3 Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. 19.2.4 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- INDEPENDENT CONTRACTOR'S AGREEMENT C:\ Users \lreza \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \2C5JXY4Y \Kern Sprinkler Maxicom (3).docx B Updated - March 9, 2015 -- Page 4 of 9 Pages -- 5120115 CC AGENDA PACKET FACE 1 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. 19.3 Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the City, its mayor, council, officers, agents, employees and volunteers. 19.4 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. 19.5 Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 19.6 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. 19.7 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. 19.8 The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. 19.9 Full compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as INDEPENDENT CONTRACTOR'S AGREEMENT C:\ Users \lreza \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \2C5JXY4Y \Kern Sprinkler Maxicom (3).docx B Updated - March 9, 2015 -- Page 5 of 9 Pages -- 5120115 CC AGENDA PACKET FACE 149 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. 19.10 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. 19.11 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. 19.12 CONTRACTOR shall provide, when required by CITY, performance, labor and material bonds in amounts and in a form suitable to CITY. CITY shall approve in writing all such security instruments prior to commencement of any work under this Agreement. 20. 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. 21. 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. 22. 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. 23. 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 INDEPENDENT CONTRACTOR'S AGREEMENT C:\ Users \lreza \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \2C5JXY4Y \Kern Sprinkler Maxicom (3).docx B Updated - March 9, 2015 -- Page 6 of 9 Pages -- 5120115 CC AGENDA PACKET FACE 15 mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD CITY HALL 1600 Truxtun Avenue Bakersfield, California 93301 CONTRACTOR: KERN SPRINKLER LANDSCAPING, INC. 5001 WOODMERE DRIVE BAKERSFIELD, CA 93313 661-832-3121/661-832-0307(fax) 24. 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. 25. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. 26. 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. 27. 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. INDEPENDENT CONTRACTOR'S AGREEMENT C:\ Users \lreza \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \2C5JXY4Y \Kern Sprinkler Maxicom (3).docx B Updated - March 9, 2015 -- Page 7 of 9 Pages -- 5120115 CC AGENDA PACKET FACE 151 28. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 29. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 30. 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. 31. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 95- 3367677 CONTRACTOR is a corporation? Yes x No (Please check one.) 32. NON - INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 33. 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. INDEPENDENT CONTRACTOR'S AGREEMENT C:\ Users \lreza \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \2C5JXY4Y \Kern Sprinkler Maxicom (3).docx B Updated - March 9, 2015 -- Page 8 of 9 Pages -- 5120115 CC AGENDA PACKET FACE 152 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. "CITY" CITY OF BAKERSFIELD By: HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: RICHARD IGER Associate City Attorney Insurance: APPROVED AS TO CONTENT: RECREATION AND PARKS DEPARTMENT By: DIANNE HOOVER Director of Recreation and Parks COUNTERSIGNED: NELSON SMITH Finance Director Attachment: Exhibit A "CONTRACTOR" KERN SPRINKLER LANDSCAPING, INC. By: Print Name: Title: INDEPENDENT CONTRACTOR'S AGREEMENT C:\ Users \lreza \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \2C5JXY4Y \Kern Sprinkler Maxicom (3).docx B Updated - March 9, 2015 -- Page 9 of 9 Pages -- 5120115 CC AGENDA PACKET FACE 153 LANDSCAPING INC March 4, 2013 Mark Lundy "Revised Revised City of Bakersfield 1501 Truxtun Ave. Bakersfield, CA 93301 Attn: Tom Jones Re: Park analysis EXHIBIT A cote 1) Determine parks water usage station by station Quote #1860 Total: $1,000.00 per site non - prevailing wage Total: $1,350.00 per site prevailing 2) Install provided master valve, flow sensor grounding rod package and radio link controllers. Note: Total: $5,440.00 per site non - prevailing wage Total: $5,975.00 prevailing wage a) Core drill for wiring or saw cutting concrete would increase cost. b) Quoted as non - prevailing wage. 5120115 CC AGENDA PACKET PAGE 154 I ::I:II:lld:? ill City of Bakersfield Proposition 84 Grant Labor Compliance Program This page is intentionally left blank. 5120115 CC A EN A PACKET PAGE 156 City of Bakersfield Proposition 84 Grant Labor Compliance Program Table of Contents Part I - Requirements 1. Introduction ........................................................................................................... ............................... 3 2. Labor Compliance Composition and Requirements .............................................. ............................... 3 3. Construction Projects .............................................................................................. ..............................4 4. Employment of Minors Prohibited ......................................................................... ..............................4 5. Youth Employment Programs ................................................................................. ..............................4 6. Cash Payments Prohibited ...................................................................................... ..............................4 7. Workers Defined ..................................................................................................... ..............................4 8. Prevailing Wages ..................................................................................................... ..............................5 9. Effective Prevailing Wage Rates .............................................................................. ..............................5 10. Payment of Prevailing Wage Fringe Benefits .......................................................... ..............................5 11. Apprenticeship Requirements ............................................................................... ............................... 5 12. Liability for Unpaid Wages ...................................................................................... ..............................7 13. Postings ................................................................................................................... ..............................8 14. Job Site Access and Identification ........................................................................... ..............................8 15. Certified Payroll Records ......................................................................................... ..............................8 16. Certified Payroll Submission .................................................................................. ............................... 8 17. Working Hours ....................................................................................................... ............................... 9 18. Withholding Contract Payments for Labor Compliance Violations ....................... ............................... 9 19. Disputes ................................................................................................................. .............................10 Part 2 - Labor Compliance Program 1. Labor Compliance Program Components .............................................................. .............................11 2. Filing of Statements of Economic Interest ............................................................. .............................19 3. Annual Reports ....................................................................................................... .............................20 4. Reports and Audits ............................................................................................... ............................... 20 5. Duties of Labor Compliance Program .................................................................. ............................... 22 6. Withholding Contract Payments When Certified Payroll Records are Delinquent or Inadequate..... 23 7. Withholding Contract Payments After Investigation ........................................... ............................... 24 8. Forfeitures Requiring Approval by the Labor Commissioner ............................... ............................... 25 8.1. Determination of Amount of Forfeiture by the Labor Commissioner ................. ............................... 26 8.2. Determination of Forfeiture Dates by the Labor Commissioner ......................... ............................... 27 9. Deposits of Penalties and Forfeitures Withheld .................................................... .............................27 10. Request for Review of the City's Enforcement Action and Settlement Authority ............................. 28 11. Request for Certified Payroll Records .................................................................. ............................... 28 11.1. Acknowledgment of Request ....................................................................... ............................... 28 11.2. Request to Contractor .................................................................................. ............................... 29 11.3. Inspection of Certified Payroll Records ........................................................ ............................... 29 12. Reporting Certified Payroll Request ..................................................................... ............................... 29 12.1. Reporting Format ........................................................................................... .............................29 12.2. Words of Certification .................................................................................... .............................30 13. Cost of Preparation .............................................................................................. ............................... 30 14. Privacy Consideration .......................................................................................... ............................... 30 1 5120115 CC AGENDA PACKET PAGE 157 City of Bakersfield Proposition 84 Grant Labor Compliance Program 15. Use of Electronic Reporting Forms ........................................................................ .............................30 16. Inquiries ................................................................................................................. .............................31 17. Composition and Components ............................................................................ ............................... 31 Attachments A. Statement of Employer Payments (Fringe Benefits) B. Department of Apprenticeship Standards Apprenticeship Forms • Public Works Contract Award Information • Request for Dispatch of an Apprentice • Training Fund Contributions C. Public Works Payroll Reporting Form D. Suggested Checklist of Labor Law Requirements E. Statement of Economic Interest F. Labor Compliance Program Annual Report G. Audit Record Worksheets • Public Works Investigative Worksheet • Public Works Audit Worksheet • Prevailing Wage Determination Summary H. Labor Compliance Review and Enforcement Report I. Notice of Withholding of Contract Payments Due to Delinquent or Inadequate Payroll Records J. Notice of Withholding of Contract Payments K. Request for Approval of Forfeiture L. Notice of Transmittal or Request for Review to DIR Lead Hearing Officer M. Notice of Opportunity to Review Evidence Pursuant to Labor Code 1742 (b) N. Single Project Labor Compliance Review and Enforcement Report 2 5120115 CC AGENDA PACKET PAGE 158 City of Bakersfield Proposition 84 Grant Labor Compliance Program Part I City of Bakersfield Labor Compliance Program Requirements 1. Introduction The City of Bakersfield (City) is responsible for educating, monitoring and enforcing prevailing wage requirements of applicable labor laws to ensure that the contractor and subcontractor(s) working on this specific project which uses Proposition 84 Grant funds to upgrade the City's park irrigation systems in order to reduce runoff and total water usage (Project) is in compliance with State (California Labor Code Chapter 1 of Part 7 of Division 2) prevailing wage statutes and regulations. The City is establishing this specific purpose Labor Compliance Program (LCP) to adhere to the statutory requirements as stated in California's Labor Code 1771.5 for the Project. 2. Labor Compliance Composition and Requirements Pursuant to Labor Code 1771.5, the City requires the payment of the general prevailing rate of per diem wages and the general prevailing rate of per diem wages for holiday and overtime work on this Project. The City monitors labor standards compliance by conducting interviews with construction workers at the job sites, reviewing certified payroll reports, and initiating and overseeing any enforcement actions as applicable. The City institutes this LCP for the purpose of setting forth and implementing its policy relative to the labor compliance provisions of State public works contracts for this Project. Labor Code 1776 requires the contractor and subcontractor to keep accurate certified payroll records of trade workers on the Project and to submit copies of certified payroll records upon request. Labor Code 1777.5 requires the contractor to employ registered apprentices on the Project. This LCP contains the labor compliance standards required by State regulations, directives, and contract provisions that include, but are not limited to, the following: • Contractor and subcontractor(s) payment of applicable general prevailing wage rates; • Contractor and subcontractor(s) employment of properly registered apprentices; • Contractors and subcontractor(s) certified payroll records; • Program monitoring City construction sites for the verification of proper payments of prevailing wage rates and work classification; • Program conducting preconstruction conferences with contractors and subcontractor(s); • Program withholding contract payments and imposing penalties for noncompliance; and • Program preparing and submitting annual reports. The City's LCP purpose is to set forth and implement policies relative to the labor compliance provisions of State public works contracts and specifically to comply with the provisions of the Public 3 5120115 CC AGENDA PACKET PAGE 159 City of Bakersfield Proposition 84 Grant Labor Compliance Program Resources Code 75075 by use of funds derived from the California Department of Public Health. The Labor Code 1770, et seq., and Public Resources Code 75075 require that the contractor on the Project to pay its workers based on the prevailing wage rates, which are established and issued by the State of California's Department of Industrial Relations (DIR), Office of Policy Research and Legislation (OPRL). According to the Public Resources Code 75075, the City shall adopt and enforce or may contract with a third party to enforce, this LCP pursuant to subdivision (b) of the Labor Code 1771.5 for application to this Project. In establishing this LCP the City adheres to the requirements of Labor Code 1771.5. Further, it is the intent of the City to actively enforce this LCP by monitoring construction sites for the payment of prevailing wage rates, and by requiring the contractor and subcontractor(s) having workers on job sites to submit copies of certified payroll records demonstrating their compliance with the payment of prevailing wage rates. Should applicable sections of the Labor Code or Title 8 of the California Code of Regulations undergo alteration, amendment, or deletion, the City will modify the affected portions of this program accordingly. 3. Construction Projects The Project is subject to the provisions of the State laws and regulations including, but not limited to Labor Code 226, 227, 1021, 1021.5, 3093, 3077, and 1720 through and including 1861, together with all applicable regulations (e.g., Title 8 California Code of Regulations Section 16001 et seq.). All pertinent California statutes and regulations, including those referenced above, are hereby incorporated by reference in this document as if set forth in their entirety. 4. Employment of Minors Prohibited The employment of minors, under 16 years of age, is strictly prohibited in all building and construction work of any kind per California Code of Regulations Title 8, Chapter 6, Subsection 1, Article 1 Section 11701(b). S. Youth Employment Programs Youth (ages 18 -23) employed on the Project are subject to the payment of the prevailing wage. 6. Cash Payments Prohibited The City requires the contractor and subcontractor(s) to make weekly wage payments to workers employed on the Project. Payments shall be made by means of a check, money order or cashier's check. Cash payments are prohibited. 7. Workers Defined The City defines "worker" as defined in Labor Code 1723, and extends the definition to include corporate officers, partners, sole owners, mechanics and laborers employed or working on the Project. Such workers will be paid unconditionally and not less than once a week, and without subsequent deduction or rebate on any account the full amounts due at time of payment computed at wage rates not less than those contained in the wage determination decisions of the DIR. 4 5120115 CC A EN A PACKET PAGE 160 City of Bakersfield Proposition 84 Grant Labor Compliance Program 8. Prevailing Wages Payments of wages not less than those contained in the wage determination decision of the DIR are in effect for the duration of this contract. Any classes of laborers and mechanics, including apprentices, which are not listed in the applicable wage determination and which are to be employed under the contract, are classified in conformance with the applicable wage determination. If the contractor and /or subcontractor(s) fails to request a special determination within forty five (45) after the commencement of advertising of the call for bids, and the classification of laborers and mechanics, including apprentices, is not found in the applicable wage determination, the City reserves the right to re- classify the affected class of laborers and /or mechanics, including apprentices, to the most closely related craft as published in the applicable wage determination. If the interested parties cannot agree on the proper classification or re- classification of a particular class of laborers and /or mechanics, including apprentices, to be used, the question accompanied by the recommendation of the City shall be referred to the DIR for final determination. 9. Effective Prevailing Wage Rates The prevailing wage rates are determined by the DIR as prescribed in Labor Code 1773 - 1773.1 and are effective ten (10) days after issuance. The prevailing wage rates are published in the general prevailing wage determinations, which are issued bi- annually. The bid advertisement date determines the General Prevailing Wage Determination. The expiration date indicated for each craft is followed by either a single asterisk ( *) or double asterisk ( * *). The single asterisk ( *) indicates that the wage rate will remain constant and effective throughout the duration of the contract. The double asterisk ( * *) indicates that the wage rate is effective until the expiration date, and the rate to be paid for work performed after that date has already been determined. If work extends past the expiration date, the new rate must be paid and should be incorporated in this contract. 10. Payment of Prevailing Wage Fringe Benefits Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, travel time, training contributions and subsistence pay as provided for in Labor Code 1773.8, for apprenticeship or other training programs, authorized by Labor Code 3093. The contractor and subcontractor(s) paying per diem wages cannot pay less than the basic hourly rate of pay to the worker working on a covered prevailing wage. The Statement of Employer Payments (Attachment A) must be prepared by the contractor and subcontractor(s) and submitted to the City with the first certified payroll. The contractor and /or subcontractor(s) not making payments to a fringe benefit trust account shall include the total fringe benefit package in the total hourly wage rate paid to the worker. 11. Apprenticeship Requirements The contractor and subcontractor(s) must comply with the requirements of the apprenticeship provisions of Labor Code 1777.5. In accordance with Labor Code 1777.5(d), the contractor and subcontractor(s) who are awarded the City contract for this Project, and who employs workers in an apprenticeable craft or trade, must employ apprentices in at least the approved ratios. 5 5120115 CC A EN A PACKET PAGE 161 City of Bakersfield Proposition 84 Grant Labor Compliance Program 11.1. Employment of Apprentices The contractor and subcontractor(s) shall employ registered apprentices, as defined by Labor Code 3077, on this Project in accordance with the required one (1) hour of work performed by an apprentice for every five (5) hours of labor performed by a journeyman, unless covered by one of the exemptions enumerated in Labor Code 1777.5 or this subchapter. Unless an exemption has been granted, the contractor and subcontractor(s) shall employ apprentices for the number of hours computed above before the end of the contract. The contractor and subcontractor(s) who are not already employing sufficient registered apprentices (as defined by Labor Code 3077) to comply with the one -to -five (1:5) ratio must request the dispatch of required apprentices from the apprenticeship committees providing training in the applicable craft or trade and whose geographic area of operation includes the site of the Project by giving the committee written notice of at least seventy two (72) hours (excluding Saturdays, Sundays and holidays) before the date on which one or more apprentices are required. If the apprenticeship committee from which apprentice dispatches are requested does not dispatch apprentices as requested, the contractor and subcontractor(s) must request apprentice dispatches from another committee providing training in the applicable craft or trade in the geographic area of the site of the Project, and must request apprentice dispatches from each such committee, either consecutively or simultaneously, until the contractor and subcontractor(s) has requested apprentice dispatches from each such committee in the geographic area. All requests for dispatch of apprentices shall be in writing, sent by first class mail, facsimile, or email. If a non - signatory contractor and /or subcontractor(s) decline to abide by and comply with the terms of a local committee's standards, the apprenticeship committee shall not be required to dispatch apprentices to such contractor and subcontractor(s). Conversely, if in response to a written request no apprenticeship committee dispatches, or agrees to dispatch during the period of the Project any apprentice to a contractor and /or subcontractor(s) who has agreed to employ and train apprentices in accordance with either the apprenticeship committee's standards or these regulations within seventy two (72) hours of such request (excluding Saturdays, Sundays and holidays) the contractor and /or subcontractor(s) shall not be considered in violation as a result of failure to employ apprentices for the remainder of the Project, provided that the contractor and /or subcontractor(s) made the request in enough time to meet the above - stated ratio. If an apprenticeship committee dispatches fewer apprentices than the contractor and /or subcontractor(s) requested, the contractor and /or subcontractor(s) shall be considered in compliance if the contractor and /or subcontractor(s) employ those apprentices who are dispatched, provided that, where there is more than one apprenticeship committee able and willing to unconditionally dispatch apprentices, the contractor and /or subcontractor(s) has requested dispatch from all committees providing training in the applicable craft or trade whose geographic area of operation include the site of the Project. Nothing in this section shall affect the right of the contractor and /or subcontractor(s) who participates in and employs registered apprentices from programs approved under Labor Code 3075 outside the geographic area of the Project from employing said apprentices on the site of the Project in order to meet the ratio requirement. The contractor and /or subcontractor(s) may use the DIR's Department of Apprenticeship Standards (DAS) apprenticeship forms (Attachment B) or a similar form that contains the 6 5120115 CC A EN A PACKET PAGE 162 City of Bakersfield Proposition 84 Grant Labor Compliance Program required language when notifying the apprenticeship committees of a contract award, the dispatching of an apprentice, and payment of the training fund contributions. • Public Works Contract Award Information; • Request for Dispatch of an Apprentice; and • Training Fund Contributions. Apprentices employed on the Project shall be paid the applicable apprentice prevailing per diem wage rate, available from DAS, and derived from the Director's survey of wages paid on the Project in the geographic area of the craft or trade. DAS shall refer complaints alleging any contractor's failure to pay the proper apprentice prevailing wage rate on the Project to the Division of Labor Standards Enforcement (DLSE) for investigation and appropriate action. Apprentices can only be assigned to perform work of the craft or trade to which the apprentice is registered. Work of the craft or trade consists of job duties normally assigned to journeymen in the apprenticeable occupation. Where an employer employs apprentices under the rules and regulations of the California Apprenticeship Council, as set forth in Labor Code 1777.5(c)(2), apprentices employed must work with or under the direct supervision of journeyman /men. On- the -job training shall be in accordance with the apprenticeship standards and apprenticeship agreement under which the apprentice is training, provided that a contractor and subcontractor(s) shall not be subject to any financial or administrative obligations to a trust fund or employee benefit plan unless the contractor has so agreed. The wage rates paid to the apprentices shall not be less than the applicable wage determination as determined by the DAS. 11.2. Journeyman /Apprentice Ratios The ratio of apprentice to journeyman work shall conform to the requirements as mandated in Labor Code 1777.5. In the event that the contractor and /or subcontractor(s) fails to comply with apprenticeship requirements as mandated by Labor Code 1777.5, the contractor and /or subcontractor(s) shall be subject to penalties in accordance with Labor Code 1777.7. If the contractor and /or subcontractor(s) fail to comply with the ratios as determined by the DAS, the City will issue a "Notice of Reprimand" and forward the matter to the DAS. Apprentices shall work under the direct supervision of a journeyman from the trade in which the apprentice is indentured. A journeyman shall be defined as set forth in the California Code of Regulations, Title 8 [apprenticeship] Section 205, which defines a journeyman as a person who has either completed an accredited apprenticeship in his or her craft, or has completed the equivalent of an apprenticeship in length and content of work experience and other requirements in the craft which has workers classified as journeyman in the occupation. 12. Liability for Unpaid Wages As required by Labor Code 1775, the contractor and /or subcontractor(s) shall forfeit to the City not more than two hundred dollars ($200) per day for each worker who is paid less than the prevailing wage rate (including fringe benefits) required. Additionally, Labor Code 1813 requires the contractor and /or subcontractor(s) to forfeit twenty five dollars ($25) to the City for each worker employed in 7 5120115 CC A EN A PACKET PAGE 163 City of Bakersfield Proposition 84 Grant Labor Compliance Program the execution of the contract for each calendar day a worker is permitted or required to work in excess of eight (8) hours per day or forty (40) hours per week at a rate less than one and a half (1 %2) times the hourly rate of pay for the worker classification involved. Moreover, the City may withhold payment from the contractor to ensure that the contractor's and /or subcontractor(s) obligation to pay prevailing wage rates is met. Labor Code 1778 makes it a felony for anyone to require any laborer and /or mechanic employed the Project to kickback any portion of their wages. 13. Postings The contractor shall post at each job site, in a conspicuous location readily available to the workers, a copy of all applicable wage determinations as well as notification that the Project is a public works project as defined in Labor Code 1720. 14. Job Site Access and Identification The contractor and subcontractor(s) shall cooperate in allowing a City representative access to the job site for the purpose of conducting worker interviews to ensure compliance with the requirement to pay prevailing wages. In addition, a City representative must identify him or herself while on the job site, and must restrict his or her actions to interviewing workers employed on the Project. 15. Certified Payroll Records The contractor and subcontractor(s) shall adhere to the provisions of Labor Code 1776. The certified payroll records referred to must include the employee's information, as follows: • Name; • Address; • Social security number; • Work classification; • Straight time hours per day and total per week; • Overtime hours per day and total per week; • Gross wages earned this Project; • Gross wages earned on all other projects; • Itemized deductions; • Actual per diem wages paid; • Payroll check numbers; and • Apprentices and the ratio of apprentices to journeymen. 16. Certified Payroll Submission A copy of certified payrolls shall be submitted to the City weekly and shall be accompanied by a certification, signed in ink by the contractor and subcontractor(s) or the contractor's and subcontractor(s) agent attesting that the payrolls are correct and complete and the wage rates contained therein are not less than those set by the applicable wage determinations incorporated into this contract. Provided all information and certifications required by California law are included therein, the contractor may use the provided certified payroll report or any form approved by the 8 5120115 CC A EN A PACKET PAGE 164 City of Bakersfield Proposition 84 Grant Labor Compliance Program DIR or use its own certified payroll form provided it includes the same information and certifications. The City reserves the right to reject incomplete certified payroll reports and request re- submittal of complete reports. The Public Works Payroll Reporting Form (Attachment C) and aforementioned fringe benefit form is recommended. Payroll data pertaining to owner - operators must be submitted on certified payroll reports, including a copy of the DMV vehicle registration of the owner - operator with the first certified payroll that this owner - operators name appears on the certified payroll. Listing any individual as "owner- operator" will not be accepted as the classification is not recognized by the OPRL. Certified payroll reports should be submitted to the address, as follows: City of Bakersfield Attn: Darin Budak 1600 Truxtun Avenue Bakersfield, CA 93301 As required by Labor Code 1776 (h), the contractor and /or subcontractor(s) shall forfeit to the City one hundred dollars ($100) per day, per worker, for failing to comply strictly with requests by the City for submittal of certified payroll documents and all supporting documents which include, but are not limited to, cancelled checks, time sheets, W -4 Forms, W -2 Forms, DE -6 Forms, and any other forms utilized in the course of business that are relevant to the payment of wages. In addition, according to Labor Code 1777.1(c), the contractor and /or subcontractor(s) may also be subject to debarment by the Labor Commissioner for failure to furnish certified payroll records within thirty (30) days after receipt of the written notice for such records. 17. Working Hours Generally, the contractor and subcontractor(s) shall not employ a worker more than eight (8) hours in a calendar day or forty (40) hours in a calendar week except upon compensation of one and one - half (1%2 ) times the basic rate of pay for hours worked in excess of eight (8) hours per day and forty (40) hours per week. Special rules shall apply to specific worker classifications. See applicable wage determinations for overtime definitions. Recognized holidays shall be consistent with area practice in determining the applicability of overtime wage rates. 18. Withholding Contract Payments for Labor Compliance Violations In accordance with Labor Code 1727, the City shall withhold, from any funds payable on account of work performed by the contractor and /or subcontractor(s), such sums as shall administratively be determined to be necessary to satisfy any liabilities of the contractor and /or subcontractor(s) for unpaid wages and liquidated damages. In the event of failure to pay any laborer and /or mechanic, including any apprentice, employed or working on the site of the work, all or part of wages required by the contract, the City shall, after written notice to the contractor, take such action as shall be necessary to cause the suspension of further payment, advance or guarantee of funds until such violations have ceased. In accordance with Labor Code 1771.5, the City s withhold contract payments when certified payroll records are delinquent or inadequate. 9 5120115 CC A EN A PACKET PAGE 16.E City of Bakersfield Proposition 84 Grant Labor Compliance Program 19. Disputes The City shall adhere to the provisions of Labor Code 1771.6 and provides the contractor and /or subcontractor(s) an opportunity for review of assessed wages and penalties pursuant to the provisions of Labor Code 1742. 10 5120115 CC A EN A PACKET PAGE 166 City of Bakersfield Proposition 84 Grant Labor Compliance Program Part II City of Bakersfield Labor Compliance Program 1. Labor Compliance Program Components I.I. Calls for Bids /Contracts The City will secure the State wage determinations, attaching them to the bid specifications and contracts for the Project, thus assuring the contractor bidding the Project is aware of the requirements of Chapter 1 of Part 7 of Division 2 of the State Labor Code. Additionally, each subcontractor(s) securing a contract on the Project is required to sign an acknowledgment that he or she understands the prevailing wage requirements and that contract payments shall not be made when certified payroll records are delinquent or inadequate. 1.2. Preconstruction Conference One of the most important aspects of assuring labor compliance on the Project is to conduct a thorough preconstruction conference with the contractor and subcontractor(s). The conference sets forth the framework in establishing the labor standards parameters. The City's conference agenda includes discussion and handouts of the items, as follows: • Appropriate State Wage Determination; • State Labor Standard Provisions (Labor Code 1720); • Public Works Payroll Reporting Form; • Statement of Employer Payments (Fringe Benefits); • Contractor /Subcontractor Certification Concerning Labor Standards /Prevailing Wages; • Posting Requirement of Notice to All Employees; and • Suggested Checklist of Labor Law Requirements (Attachment D). 1.3. Contractor Eligibility Verification Prior to awarding the contract, the City shall verify that the contractor and subcontractor(s) are not on the State list of ineligible contractors, that they possess a valid State contractor's license and meet other licensing requirements. 1.4. Certified Payroll Records Certified payroll records shall be submitted in accordance with CCR section 16435, which states: "Withhold" means to cease payments by the Awarding Body, or others who pay on its behalf, or agents, to the general contractor. Where the violation is by a subcontractor, the general contractor shall be notified of the nature of the violation and reference made to its rights under Labor Code Section 1729. 11 5120115 CC A EN A PACKET PAGE 167 City of Bakersfield Proposition 84 Grant Labor Compliance Program "Contracts." Except as otherwise provided by agreement, only contracts under a single master contract, including a Design -Build contract, or contracts entered into as stages of a single project, may be the subject of withholding. "Delinquent payroll records" means those not submitted on the date set in the contract. "Inadequate payroll records" are any one of the following: • A record lacking any of the information required by Labor Code Section 1776; • A record which contains all of the required information but is not certified, or is certified by someone who is not an agent of the contractor or subcontractor; • A record remaining uncorrected for one payroll period, after the City has given the contractor or subcontractor notice of inaccuracies detected by audit or record review. However prompt correction will stop any duty to withhold if such inaccuracies do not amount to one (1) percent of the entire Certified Weekly Payroll in dollar value and do not affect more than half the persons listed as workers employed on that Certified Weekly Payroll, as defined in Labor Code Section 1776 and section 16401 of Title 8 of the California Code of Regulations. The withholding of contract payments when payroll records are delinquent or inadequate is required by Labor Code Section 1771.5(b)(5), and it does not require the prior approval of the Labor Commissioner. The City shall only withhold those payments due or estimated to be due to the contractor or subcontractor whose payroll records are delinquent or inadequate, plus any additional amount that the City has reasonable cause to believe may be needed to cover a back wage and penalty assessment against the contractor or subcontractor whose payroll records are delinquent or inadequate; provided that a contractor shall be required in turn to cease all payments to a subcontractor whose payroll records are delinquent or inadequate until the City provides notice that the subcontractor has cured the delinquency or deficiency. When contract payments are withheld under this section, the City shall provide the contractor and subcontractor, if applicable, with immediate written notice that includes all of the following: (1) a statement that payments are being withheld due to delinquent or inadequate payroll records, and that identifies what records are missing or states why records that have been submitted are deemed inadequate; (2) specifies the amount being withheld; and (3) informs the contractor or subcontractor of the right to request an expedited hearing to review the withholding of contract payments under Labor Code Section 1742, limited to the issue of whether the records are delinquent or inadequate or the City has exceeded its authority under this section. No contract payments shall be withheld solely on the basis of delinquent or inadequate payroll records after the required records have been produced. In addition to withholding contract payments based on delinquent or inadequate payroll records, penalties shall be assessed under Labor Code Section 1776(g) for failure to timely comply with a written request for certified payroll records. The assessment of penalties under 12 5120115 CC A EN A PACKET PAGE 168 City of Bakersfield Proposition 84 Grant Labor Compliance Program Labor Code Section 1776(g) does require the prior approval of the Labor Commissioner under section 16436 of these regulations. Certified payroll records must be submitted to the City, and if the City demands documentation, it must be furnished to the City within ten (10) days. I.S. Onsite Monitoring A significant step in determining Project labor standards compliance is to conduct onsite employee interviews. It is critical to have early detection of potential violations. The results of the interviews are compared to the contractor's and /or subcontractor(s) certified payroll records to ascertain that the correct classification, hours and wages were paid. 1.6. Certified Payroll Audits The City shall act in accordance with CCR section 16421(e), which states: It is the responsibility of the City to enforce prevailing wage requirements, consistent with the policy of the state as expressed in Labor Code Section 90.5(a). The City shall take reasonable, vigorous, and prompt action to (1) determine whether violations exist, and (2) enforce compliance, including through imposition of appropriate penalties and formal enforcement action, when violations are found. The City shall neither avoid use of its enforcement authority based on cost considerations nor shall it use that authority in an unreasonable manner to gain leverage over a contractor or subcontractor. Unreasonable use of enforcement authority includes, but is not necessarily limited to, prolonged or excessive withholdings of contract payments without making a determination that a violation has occurred. In addition, the City shall act in accordance with CCR section 16432, which states: The primary function of the LCP is to ensure that public works contractors comply with the prevailing wage requirements found in the Public Works Chapter of the Labor Code. This regulation is intended to establish minimum requirements which all LCPs shall meet or exceed in carrying out that function. Definitions found throughout this regulation are intended to provide LCPs and representatives of the DIR and the DLSE with common terminology as they each perform their respective roles in prevailing wage enforcement in furtherance of the Labor Code provisions establishing LCPs. This regulation is also intended to confirm that the proactive investigation methods, as described in detail herein, only comprise the minimum obligations required of LCPs to satisfy their duty to the Director to operate a LCP as specified in sections 16428 and 16434. Payroll records furnished by contractors and subcontractors in accordance with section 16421(a)(3) above, and in a format prescribed at section 16401 of Title 8 of the CCR, shall be reviewed by the City as promptly as practicable after receipt thereof, but in no event more than 30 days after such receipt. "Review" for this purpose shall be defined as inspection of the records furnished to determine if (1) all appropriate data elements identified in Labor Code Section 1776(a) have been reported; (2) certification forms have been completed and signed in compliance with Labor Code Section 1776(b); and (3) the correct prevailing wage rates have 13 5120115 CC A EN A PACKET PAGE 169 City of Bakersfield Proposition 84 Grant Labor Compliance Program been reported as paid for each classification of labor listed thereon, with confirmation of payment in the manner and to the extent described in subpart (c) below. "Confirmation" of payroll records furnished by contractors and subcontractors shall be defined as an independent corroboration of reported prevailing wage payments. Confirmation may be accomplished through worker interviews, examination of paychecks or paycheck stubs, direct confirmation of payments from third party recipients of "Employer Payments" (as defined at section 16000 of Title 8 of the CCR), or any other reasonable method of corroboration. For each month in which a contractor or subcontractor reports having workers employed on the public work, confirmation of furnished payroll records shall be undertaken randomly for at least one worker for at least one weekly period within that month. Confirmation shall also be undertaken whenever complaints from workers or other interested persons or other circumstances or information reasonably suggest to the City that payroll records furnished by a contractor or subcontractor are inaccurate. City representatives shall conduct in- person inspections at the site or sites at which the contract for public work is being performed ( "On -Site Visits "). On -Site Visits may be undertaken randomly or as deemed necessary by the City, but shall be undertaken during each week that workers are present at sites at which the contract for public work is being performed. All On -Site Visits shall include visual inspection of (1) the copy of the determination(s) of the Director of Industrial Relations of the prevailing wage rate of per diem wages required to be posted at each job site in compliance with Labor Code Section 1773.2, and (2) the Notice of LCP Approval required to be posted at the job site in accordance with section 16429 above, listing a telephone number to call for inquiries, questions, or assistance with regard to the LCP. On -Site Visits may include other activities deemed necessary by the City to independently corroborate prevailing wage payments reported on payroll records furnished by contractors and subcontractors. An Audit, as defined herein, shall be prepared by the City whenever the City has determined that there has been a violation of the Public Works Chapter of the Labor Code resulting in the underpayment of wages. An "Audit" for this purpose shall be defined as a written summary reflecting prevailing wage deficiencies for each underpaid worker, and including any penalties to be assessed under Labor Code Sections 1775 and 1813, as determined by the City after consideration of the best information available as to actual hours worked, amounts paid, and classifications of workers employed in connection with the public work. Such available information may include, but is not limited to, worker interviews, complaints from workers or other interested persons, all time cards, cancelled checks, cash receipts, trust fund forms, books, documents, schedules, forms, reports, receipts or other evidences which reflect job assignments, work schedules by days and hours, and the disbursement by way of cash, check, or in whatever form or manner, of funds to a person(s) by job classification and /or skill pursuant to a public works project. An Audit is sufficiently detailed when it enables the Labor Commissioner, if requested to determine the amount of forfeiture under section 16437, to draw reasonable conclusions as to compliance with the requirements of the Public Works Chapter of the Labor Code, and to enable accurate computation of underpayments of wages to workers and of applicable penalties and forfeitures. An Audit using the forms in Appendix B, when accompanied by a brief narrative identifying the Bid Advertisement Date of the contract for public work and summarizing the nature of the violation and the basis upon which the determination of underpayment was made, presumptively demonstrates sufficiency. Records supporting an Audit 14 5120115 CC AGENDA PACKET PAGE 170 City of Bakersfield Proposition 84 Grant Labor Compliance Program shall be maintained by the City to satisfy its burden of coming forward with evidence in administrative review proceedings under Labor Code Section 1742 and the Prevailing Wage Hearing Regulations found at sections 17201 -17270 of Title 8 of the California Code of Regulations. After the City has determined that violations of the prevailing wage laws have resulted in the underpayment of wages and an audit has been prepared, notification shall be provided to the contractor and affected subcontractor of an opportunity to resolve the wage deficiency prior to a determination of the amount of forfeiture by the Labor Commissioner pursuant to these regulations. The contractor and affected subcontractor shall be provided at least ten (10) days following such notification to submit exculpatory information consistent with the "good faith mistake" factors set forth in Labor Code Section 1775(a)(2)(A)(i) and (ii). If, based upon the contractor's submission, the City reasonably concludes that the failure to pay the correct wages was a good faith mistake, and has no knowledge that the contractor and affected subcontractor have a prior record of failing to meet their prevailing wage obligations, the City shall not be required to request the Labor Commissioner for a determination of the amount of penalties to be assessed under Labor Code Section 1775 if the underpayment of wages to workers is promptly corrected and proof of such payment is submitted to the City. For each instance in which a wage deficiency is resolved in accordance with this regulation, the City shall maintain a written record of the failure of the contractor or subcontractor to meet its prevailing wage obligation. The record shall identify the public works project, the contractor or affected subcontractor involved, and the gross amount of wages paid to workers to resolve the prevailing wage deficiency; and the record shall also include a copy of the Audit prepared pursuant to subpart (e) above along with any exculpatory information submitted to the City by the affected contractor or subcontractor. 1.7. Withholdings, Forfeitures and Underpayments for Violations of Prevailing Wage Laws The City shall act in accordance with CCR section 16421(e), which states: It is the responsibility of the City to enforce prevailing wage requirements, consistent with the policy of the state as expressed in Labor Code Section 90.5(a). The City shall take reasonable, vigorous, and prompt action to (1) determine whether violations exist, and (2) enforce compliance, including through imposition of appropriate penalties and formal enforcement action, when violations are found. The City shall neither avoid use of its enforcement authority based on cost considerations nor shall it use that authority in an unreasonable manner to gain leverage over a contractor or subcontractor. Unreasonable use of enforcement authority includes, but is not necessarily limited to, prolonged or excessive withholdings of contract payments without making a determination that a violation has occurred. The City shall act in accordance with CCR section 16432, which states: The primary function of the LCP is to ensure that public works contractors comply with the prevailing wage requirements found in the Public Works Chapter of the Labor Code. This regulation is intended to establish minimum requirements which all LCPs shall meet or exceed in carrying out that function. Definitions found throughout this regulation are intended to provide LCPs and representatives of the DIR and the DLSE with common terminology as they 15 5120115 CC A EN A PACKET PAGE 171 City of Bakersfield Proposition 84 Grant Labor Compliance Program each perform their respective roles in prevailing wage enforcement in furtherance of the Labor Code provisions establishing LCPs. This regulation is also intended to confirm that the proactive investigation methods, as described in detail herein, only comprise the minimum obligations required of LCPs to satisfy their duty to the Director to operate a LCP as specified in sections 16428 and 16434. Payroll records furnished by contractors and subcontractors in accordance with section 16421(a)(3) above, and in a format prescribed at section 16401 of Title 8 of the CCR, shall be reviewed by the City as promptly as practicable after receipt thereof, but in no event more than 30 days after such receipt. "Review" for this purpose shall be defined as inspection of the records furnished to determine if (1) all appropriate data elements identified in Labor Code Section 1776(a) have been reported; (2) certification forms have been completed and signed in compliance with Labor Code Section 1776(b); and (3) the correct prevailing wage rates have been reported as paid for each classification of labor listed thereon, with confirmation of payment in the manner and to the extent described in subpart (c) below. "Confirmation" of payroll records furnished by contractors and subcontractors shall be defined as an independent corroboration of reported prevailing wage payments. Confirmation may be accomplished through worker interviews, examination of paychecks or paycheck stubs, direct confirmation of payments from third party recipients of "Employer Payments" (as defined at section 16000 of Title 8 of the CCR), or any other reasonable method of corroboration. For each month in which a contractor or subcontractor reports having workers employed on the public work, confirmation of furnished payroll records shall be undertaken randomly for at least one worker for at least one weekly period within that month. Confirmation shall also be undertaken whenever complaints from workers or other interested persons or other circumstances or information reasonably suggest to the City that payroll records furnished by a contractor or subcontractor are inaccurate. City representatives shall conduct in- person inspections at the site or sites at which the contract for public work is being performed ( "On -Site Visits "). On -Site Visits may be undertaken randomly or as deemed necessary by the City, but shall be undertaken during each week that workers are present at sites at which the contract for public work is being performed. All On- Site Visits shall include visual inspection of (1) the copy of the determination(s) of the Director of Industrial Relations of the prevailing wage rate of per diem wages required to be posted at each job site in compliance with Labor Code Section 1773.2, and (2) the Notice of LCP Approval required to be posted at the job site in accordance with section 16429 above, listing a telephone number to call for inquiries, questions, or assistance with regard to the LCP. On -Site Visits may include other activities deemed necessary by the City to independently corroborate prevailing wage payments reported on payroll records furnished by contractors and subcontractors. An Audit, as defined herein, shall be prepared by the City whenever the City has determined that there has been a violation of the Public Works Chapter of the Labor Code resulting in the underpayment of wages. An "Audit" for this purpose shall be defined as a written summary reflecting prevailing wage deficiencies for each underpaid worker, and including any penalties to be assessed under Labor Code Sections 1775 and 1813, as determined by the City after consideration of the best information available as to actual hours worked, amounts paid, and 16 5120115 CC A EN A PACKET PAGE 172 City of Bakersfield Proposition 84 Grant Labor Compliance Program classifications of workers employed in connection with the public work. Such available information may include, but is not limited to, worker interviews, complaints from workers or other interested persons, all time cards, cancelled checks, cash receipts, trust fund forms, books, documents, schedules, forms, reports, receipts or other evidences which reflect job assignments, work schedules by days and hours, and the disbursement by way of cash, check, or in whatever form or manner, of funds to a person(s) by job classification and /or skill pursuant to a public works project. An Audit is sufficiently detailed when it enables the Labor Commissioner, if requested to determine the amount of forfeiture under section 16437, to draw reasonable conclusions as to compliance with the requirements of the Public Works Chapter of the Labor Code, and to enable accurate computation of underpayments of wages to workers and of applicable penalties and forfeitures. An Audit using the forms in Appendix B, when accompanied by a brief narrative identifying the Bid Advertisement Date of the contract for public work and summarizing the nature of the violation and the basis upon which the determination of underpayment was made, presumptively demonstrates sufficiency. Records supporting an Audit shall be maintained by the City to satisfy its burden of coming forward with evidence in administrative review proceedings under Labor Code Section 1742 and the Prevailing Wage Hearing Regulations found at sections 17201 -17270 of Title 8 of the California Code of Regulations. After the City has determined that violations of the prevailing wage laws have resulted in the underpayment of wages and an audit has been prepared, notification shall be provided to the contractor and affected subcontractor of an opportunity to resolve the wage deficiency prior to a determination of the amount of forfeiture by the Labor Commissioner pursuant to these regulations. The contractor and affected subcontractor shall be provided at least ten (10) days following such notification to submit exculpatory information consistent with the "good faith mistake" factors set forth in Labor Code Section 1775(a)(2)(A)(i) and (ii). If, based upon the contractor's submission, the City reasonably concludes that the failure to pay the correct wages was a good faith mistake, and has no knowledge that the contractor and affected subcontractor have a prior record of failing to meet their prevailing wage obligations, the City shall not be required to request the Labor Commissioner for a determination of the amount of penalties to be assessed under Labor Code Section 1775 if the underpayment of wages to workers is promptly corrected and proof of such payment is submitted to the City. For each instance in which a wage deficiency is resolved in accordance with this regulation, the City shall maintain a written record of the failure of the contractor or subcontractor to meet its prevailing wage obligation. The record shall identify the public works project, the contractor or affected subcontractor involved, and the gross amount of wages paid to workers to resolve the prevailing wage deficiency; and the record shall also include a copy of the Audit prepared pursuant to subpart (e) above along with any exculpatory information submitted to the City by the affected contractor or subcontractor. The City shall act in accordance with CCR section 16435.5(d), which states: The withholding of contract payments when, after investigation, it is established that underpayment or other violations have occurred requires the prior approval of the Labor Commissioner under sections 16436 and 16437 of these regulations. 17 5120115 CC A EN A PACKET PAGE 173 City of Bakersfield Proposition 84 Grant Labor Compliance Program The City shall act in accordance with CCR section 16437, which states: Where the City requests a determination of the amount of forfeiture, the request shall include a file or report to the Labor Commissioner which contains at least the information specified in subparts (1) through (9) below. Appendix D is a suggested format for a Request for Approval of Forfeiture under this section. • Whether the public work has been accepted by the awarding body and whether a valid notice of completion has been filed, the dates if any when those events occurred, and the amount of funds being held in retention by the Awarding Body; • Any other deadline which if missed would impede collection; • Evidence of violation, in narrative form; • Evidence of violation obtained under section 16432 of these regulations and a copy of the Audit prepared in accordance with section 16432(e) setting forth the amounts of unpaid wages and applicable penalties; • Evidence that before the forfeiture was sent to the Labor Commissioner (A) the contractor and subcontractor were given the opportunity to explain why there was no violation, or that any violation was caused by good faith mistake and promptly corrected when brought to the contractor or subcontractor's attention, and (B) the contractor and subcontractor either did not do so or failed to convince the City of its position; • Where the City seeks not only wages but also a penalty as part of the forfeiture, and the contractor or subcontractor has unsuccessfully contended that the cause of violation was a good faith mistake that was promptly corrected when brought to the contractor or subcontractor's attention, a short statement should accompany the proposal for a forfeiture, with a recommended penalty amount pursuant to Labor Code Section 1775(a); • Where the City seeks only wages or a penalty less than $50 per day as part of the forfeiture because the contractor or subcontractor has successfully contended that the cause of the violation was a good faith mistake that was promptly corrected when brought to the contractor or subcontractor's attention, the file should include the evidence as to the contractor or subcontractor's knowledge of his or her obligation, including the program's communication to the contractor or subcontractor of the obligation in the bid invitations, at the pre -job conference agenda and records, and any other notice given as part of the contracting process. With the file should be a statement, similar to that described in (6), and recommended penalty amounts, pursuant to Labor Code Section 1775(a); • The previous record of the contractor and subcontractor in meeting their prevailing wage obligations; and • Whether the City has been granted approval on only an interim or temporary basis under sections 16425 or 16426 above or whether it has been granted extended approval under section 16427 above. 18 5120115 CC AGENDA PACKET PAGE 174 City of Bakersfield Proposition 84 Grant Labor Compliance Program The file or report shall be served on the Labor Commissioner as soon as practicable after the violation has been discovered, and not less than thirty (30) days before the final payment, but in no event not less than thirty (30) days before the expiration of the limitations period set forth in Labor Code Section 1741. A copy of the recommended forfeiture and the file or report shall be served on the contractor and subcontractor at the same time as it is sent to the Labor Commissioner. The City may exclude from the documents served on the contractor and subcontractor copies of documents secured from the contractor or subcontractor during an audit, investigation, or meeting if those are clearly referenced in the file or report. The Labor Commissioner shall affirm, reject, or modify the forfeiture in whole or in part as to the wages and penalties due. The Labor Commissioner's determination of the forfeiture is effective on one of the two following dates: • For all programs other than those having extended authority under section 16427 of these regulations, on the date the Labor Commissioner serves by first class mail, on the City, on the Awarding Body if different, on the contractor and on the subcontractor, if any, an endorsed copy of the proposed forfeiture, or a newly drafted forfeiture statement which sets out the amount of forfeiture approved. Service on the contractor or subcontractor is effective if made on the last address supplied by the contractor or subcontractor in the record. The Labor Commissioner's approval, modification or disapproval of the proposed forfeiture shall be served within thirty (30) days of receipt of the proposed forfeiture. • For programs with extended authority under section 16427 above, approval is effective 20 days after the requested forfeitures are served upon the Labor Commissioner, unless the Labor Commissioner serves a notice upon the parties, within that time period, that this forfeiture request is subject to further review. For such programs, a notice that approval will follow such a procedure will be included in the transmittal of the forfeiture request to the contractor. If the Labor Commissioner notifies the parties of a decision to undertake further review, the Labor Commissioner's final approval, modification or disapproval of the proposed forfeiture shall be served within thirty (30) days of the date of notice of further review. 2. Filing of Statements of Economic Interest The City shall determine and designate those employees of the LCP who participate in making governmental decisions for the City pursuant to Title 2, California Code of Regulations, Section 18700 - 18702.4 and those employees will be required to file a Statement of Economic Interest (Attachment E) and to comply with other applicable requirements of the Political Reform Act in connection with work performed on behalf of the City. 19 5120115 CC A EN A PACKET PAGE 175 City of Bakersfield Proposition 84 Grant Labor Compliance Program 3. Annual Reports The City shall submit to the Director of the DIR a LCP annual report on its operation by no later than August 31s' of each year. The annual report shall cover the twelve (12) month period commencing on July 1St of the preceding calendar year and ending on June 30th of the year that the report is due. The Labor Compliance Program Annual Report (Attachment F) shall be submitted on the appropriate form and the information in the report shall be sufficient detail to afford a basis for evaluating the scope of and level of enforcement activity of the LCP. The annual report shall also include such additional information as the LCP may be required to report as a condition of its approval. Information in the Annual Report shall be reported in sufficient detail to afford a basis for evaluating the scope and level of enforcement activity of the City. An annual report shall also include such additional information as the City may be required to report as a condition of its approval. A LCP that has ceased operating, either due to the voluntary termination of its program or the revocation of its approval by the Director, shall file a closing annual report within sixty (days) following its last day of operation as an approved program. 4. Reports and Audits The primary function of this LCP is to ensure that the contractor and subcontractor(s) comply with the prevailing wage requirements found in the Public Works Chapter of the State Labor Code. Certified payroll records furnished by the contractor and subcontractor(s) in accordance with Labor Code 16421(a)(3) and 1776 shall be reviewed by the City as promptly and as practicable after receipt of the records but in no event more than thirty (30) days after such receipt. Certified payroll records will be reviewed for proper classifications, wage rates and other consideration in compliance with Labor Code 1776(b) and that the correct prevailing wage rates have been reported as paid for each classification of labor listed and with confirmation of payment. "Confirmation" of certified payroll records furnished by the contractor and subcontractor(s) shall be defined as an independent corroboration of reported prevailing wage payments. Confirmation may be accomplished through worker interviews, examination of paychecks or paycheck stubs, direct confirmation of payments from third party recipients of "Employer Payments" (as defined at Section 16000 of Title 8 of the California Code of Regulations), or any other reasonable method of corroboration. For each month that the contractor and subcontractor(s) report having workers employed on the Project, confirmation of furnished certified payroll records shall be undertaken randomly for at least one (1) worker for at least one (1) weekly period within that month. Confirmation shall also be undertaken whenever complaints from workers or other interested persons or other circumstances or information reasonably suggest to the City that certified payroll records furnished by the contractor and /or subcontractor(s) are inaccurate. The City shall conduct in- person inspections at the Project site(s). Onsite visits may be undertaken randomly or as deemed necessary by the City, but shall be undertaken during each week that workers are present at sites at which the contract for Project is being performed. All onsite visits shall include visual inspection of (1) the copy of the prevailing wage rate determination required to be posted at each job site in compliance with Labor Code 1773.2, and (2) the Notice of Labor 20 5120115 CC A EN A PACKET PAGE 176 City of Bakersfield Proposition 84 Grant Labor Compliance Program Compliance Program Approval required to be posted at the job site in accordance with Labor Code 16429, listing a telephone number to call for inquiries, questions, or assistance with regard to the LCP. Onsite visits may include other activities deemed necessary by the City to independently corroborate prevailing wage payments reported on certified payroll records furnished by contractors and /or subcontractor(s). An audit, as defined herein, shall be prepared by the City whenever the City has determined that there has been a violation of the Public Works Chapter of the Labor Code resulting in the underpayment of wages. An audit for this purpose shall be defined as a written summary reflecting prevailing wage deficiencies for each underpaid worker, and including any penalties to be assessed under Labor Code 1775 and 1813, as determined by the City after consideration of the best information available as to actual hours worked, amounts paid, and classifications of workers employed in connection with the Project. Such available information may include, but is not limited to, worker interviews, complaints from workers or other interested persons, all time cards, cancelled checks, cash receipts, trust fund forms, books, documents, schedules, forms, reports, receipts or other evidences which reflect job assignments, work schedules by days and hours, and the disbursement by way of cash, check, or in whatever form or manner, of funds to a person(s) by job classification and /or skill pursuant to the Project. An audit is sufficiently detailed when it enables the Labor Commissioner, if requested to determine the amount of forfeiture under Labor Code 16437, to draw reasonable conclusions as to compliance with the requirements of the Public Works Chapter of the Labor Code, and to enable accurate computation of underpayments of wages to workers and of applicable penalties and forfeitures. An audit using the appropriate forms (Attachment G), when accompanied by a brief narrative identifying the bid advertisement date of the contract and summarizing the nature of the violation and the basis upon which the determination of underpayment was made, presumptively demonstrates sufficiency. Records supporting an audit shall be maintained by the City to satisfy its burden of coming forward with evidence in administrative review proceedings under Labor Code 1742 and the Prevailing Wage Hearing Regulations found at Labor Code 17201 - 17270. After the City has determined that violations of the prevailing wage laws have resulted in the underpayment of wages and an audit has been prepared, notification shall be provided to the contractor and subcontractor(s) of an opportunity to resolve the wage deficiency prior to a determination of the amount of forfeiture by the Labor Commissioner pursuant to these regulations. The contractor and affected subcontractor(s) shall be provided at least ten (10) days following such notification to submit exculpatory information consistent with the "good faith mistake" factors set forth in Labor Code 1775(a)(2)(A)(i) and (ii). If, based upon the contractor's and /or subcontractor(s) submission, the City reasonably concludes that the failure to pay the correct wages was a good faith mistake, and has no knowledge that the contractor and /or subcontractor(s) have a prior record of failing to meet their prevailing wage obligations, the City shall not be required to request the Labor Commissioner for a determination of the amount of penalties to be assessed under Labor Code 1775 if the underpayment of wages to workers is promptly corrected and proof of such payment is submitted to the City. For each instance in which a wage deficiency is resolved in accordance with this regulation, the City shall maintain a written record of the failure of the contractor and /or subcontractor(s) to meet its prevailing wage obligation. The record shall identify the Project, the contractor and /or subcontractor(s) involved, and the gross amount of wages paid to workers to resolve the prevailing wage deficiency; and the record shall also include a copy of the audit prepared pursuant to subpart (e) above along with any exculpatory information submitted to the City by the 21 5120115 CC A EN A PACKET PAGE 177 City of Bakersfield Proposition 84 Grant Labor Compliance Program affected contractor and subcontractor(s). Audit record worksheets can be found as Attachment G, including the Public Works Investigative Worksheet, Public Works Audit Worksheet, and Prevailing Wage Determination Summary. S. Duties of Labor Compliance Program The City shall enforce the requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code and these regulations in a manner consistent with the practice of the Labor Commissioner. It is the practice of the Labor Commissioner to refer to the Director's ongoing advisory service of web - posted public works coverage determinations as a source of information and guidance in making enforcement decisions. It is also the practice of the Labor Commissioner to be represented by an attorney in prevailing wage hearings conducted pursuant to Labor Code 1742(b) and 17201 - 17270. The Labor Commissioner may provide, sponsor, or endorse training on how to enforce prevailing wage requirements, including but not necessarily limited to the subjects of (1) ascertaining prevailing wage requirements and rates from the DLSR, (2) monitoring and investigation, (3) enforcement responsibilities, and (4) procedural requirements and responsibilities as an enforcing agency under Labor Code 1741 -1743, 1771.6, and 17201 - 17270. The Labor Compliance Review and Enforcement Report Form can be found as Attachment H. 1.8. Prevailing Wage Complaints by Employees Upon receipt of a written complaint alleging that the contractor and /or subcontractor(s) has failed to pay prevailing wages as required by the Labor Code, the City shall do all of the following: • Within fifteen (15) days after receipt of the complaint, send a written acknowledgment to the complaining party that the complaint has been received and identifying the name, address, and telephone number of the investigator assigned to the complaint; • Within fifteen (15) days after receipt of the complaint, provide the contractor with the notice required under Labor Code 1775(c) if the complaint is against the subcontractor(s); • Notify the complaining party in writing of the resolution of the complaint within ten (10) days after the complaint has been resolved by the City; • Notify the complaining party in writing at least once every thirty (30) days of the status of a complaint that has not been resolved by the City; and • Notify the complaining party in writing at least once every ninety (90) days of the status of a complaint that has been resolved by the City, but remains under review or in litigation before another entity. 1.9. Prevailing Wage Complaints by Apprentices The City shall (1) inform the contractor and subcontractor(s) bidding on the Project about apprenticeship requirements, (2) send copies of awards and notices of discrepancies to the DAS 22 5120115 CC A EN A PACKET PAGE 178 City of Bakersfield Proposition 84 Grant Labor Compliance Program as required in Labor Code 1773.3, and (3) refer complaints and promptly report suspected violations of apprenticeship requirements to the DAS. The City shall be responsible for enforcing prevailing wage pay requirements for apprentices consistent with the practice of the Labor Commissioner, including (1) that any contributions required pursuant to Labor Code 1777.5(m) are paid to the appropriate entity, (2) that apprentices are paid no less than the prevailing apprentice rate, (3) that workers listed and paid as apprentices on the certified payroll records are duly registered as apprentices with the DAS, and (D) requiring that the regular prevailing wage rate be paid (i) to any worker who is not a duly registered apprentice and (ii) for all hours in excess of the maximum ratio permitted under Labor Code 1777.5(g), as determined at the conclusion of the contractor and subcontractor(s) work on the Project. The City shall maintain a separate, written summary of labor compliance activities and relevant facts for this Project to ensure the proper enforcement of prevailing wage requirements. That summary shall demonstrate that reasonable and sufficient efforts have been made to enforce prevailing wage requirements consistent with the practice of the Labor Commissioner. Attachment H following this section provides a suggested format for tracking and monitoring enforcement activities. Compliance records for the Project shall be retained until the later of (1) at least one (1) year after the acceptance of the Project or five (5) years after the cessation of all labor on the Project that has not been accepted, or (2) one (1) year after a final decision or judgment in any litigation under Labor Code 1742. For purposes of this section, a written summary or report includes information maintained electronically, provided that the summary or report can be printed out in hard copy form or is in an electronic format that (1) can be transmitted by email or compact disk and (2) would be acceptable for the filing of documents in a federal or state court of record within this state. 6. Withholding Contract Payments When Certified Payroll Records are Delinquent or Inadequate Definitions related to withholding contract payments when certified payroll records are delinquent or inadequate include: • Withhold means to cease contract payments by the City, or others who pay on its behalf, or agents, to the contractor. Where the violation is by the subcontractor(s), the contractor shall be notified of the nature of the violation and reference made to its rights under Labor Code 1729; • Contracts means, except as otherwise provided by an agreement, only contracts under a single master contract, including a design -build contract, or contracts entered into as stages of a single project, may be the subject of withholding; • Delinquent certified payroll records means those not submitted on the date in the contract; and • Inadequate certified payroll records include any one of the following: o A record lacking any of the information required by Labor Code 1776; 23 5120115 CC A EN A PACKET PAGE 179 City of Bakersfield Proposition 84 Grant Labor Compliance Program o A record which contains the required information, but is not certified or is certified by someone who is not an agent of the contractor and /or subcontractor(s); and /or o A record remaining uncorrected for one (1) certified payroll period, after the City has given the contractor and /or subcontractor(s) notice of inaccuracies detected by audit or record review. However, prompt correction will stop any duty to withhold if such inaccuracies do not amount to one percent (1 %) of the entire weekly certified payroll in dollar value and do not affect more than half the persons listed as workers employed on that weekly certified payroll, as defined in Labor Code 1776 and 16401. The withholding of contract payments when certified payroll records are delinquent or inadequate is required by Labor Code 1771.5(b)(5), and it does not require the prior approval of the Labor Commissioner. The City shall only withhold those contract payments due or estimated to be due to the contractor and /or subcontractor(s) whose certified payroll records are delinquent or inadequate, plus any additional amount that the City has reasonable cause to believe may be needed to cover a back wage and penalty assessment against the contractor and /or subcontractor(s) whose certified payroll records are delinquent or inadequate; provided that the contractor shall be required in turn to cease all contract payments to the subcontractor(s) whose certified payroll records are delinquent or inadequate until the City provides notice that the subcontractor(s) has cured the delinquency or deficiency. When contract payments are withheld under this section, the City shall provide the contractor and /or subcontractor(s), if applicable, with immediate written notice that includes all of the following: (1) a statement that contract payments are being withheld due to delinquent or inadequate certified payroll records, and that identifies what records are missing or states why records that have been submitted are deemed inadequate; (2) specifies the amount being withheld; and (3) informs the contractor and /or subcontractor(s) of the right to request an expedited hearing to review the withholding of contract payments under Labor Code 1742, limited to the issue of whether the records are delinquent or inadequate or the City has exceeded its authority under this section. No contract payments shall be withheld solely on the basis of delinquent or inadequate certified payroll records after the required records have been produced. In addition to withholding contract payments based on delinquent or inadequate certified payroll records, penalties shall be assessed under Labor Code 1776(g) for failure to timely comply with a written request for certified payroll records. The assessment of penalties under Labor Code 1776(g) does require the prior approval of the Labor Commissioner under Labor Code 16436. The Notice of Temporary Withholding of Contract Payments Due to Delinquent or Inadequate Payroll Records can be found as Attachment I. 7. Withholding Contract Payments After Investigation Definitions related to withholding contract payments when, after investigations, it is established that underpayments or other violations has occurred, include: • Withhold and contracts are set forth in Section 6 in this LCP; and 24 5120115 CCAGENDA PACKETPAGE 180 City of Bakersfield Proposition 84 Grant Labor Compliance Program • Amount equal to the underpayment is the total of the following determined by certified payroll review, audit, or admission by the contractor and /or subcontractor(s): o The difference between amounts paid to workers and the correct general prevailing wage rate of per diem wages, as defined in Labor Code 1773, and determined to be the prevailing rate due to workers in such craft, classification or trade in which they were employed and the amounts paid; o The difference between amounts paid on behalf of the workers and the correct amounts of employer payments, as defined in Labor Code 1773.1 and determined to be part of the prevailing rate costs of the contractor due for employment of the workers in such craft, classification or trade in which they were employed and the amounts paid; o Estimated amounts of "illegal taking of wages;" o Amounts of apprenticeship training contributions paid to neither the program sponsor's training trust nor the California Apprenticeship Council; and o Estimated penalties under Labor Code 1775, 1776, and 1813; and o If the violation is by the subcontractor(s), the contractor shall be notified of the nature of the violation and reference made to its rights under Labor Code 1729. The withholding of contract payments when, after investigation, it is established that underpayment or other violations have occurred, requires the prior approval of the Labor Commissioner. The Notice of Withholding of Contract Payment can be found as Attachment J. 8. Forfeitures Requiring Approval by the Labor Commissioner "Forfeitures" means the amount of wages, penalties, and forfeitures assessed by the City and proposed to be withheld pursuant to Labor Code 1771.6(a), and includes the following: (1) the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate by the contractor and /or subcontractor(s); and (2) penalties assessed in Labor Code 1775, 1776 and 1813. If the aggregate amount of forfeitures assessed as to the contractor and /or subcontractor(s) is less than one thousand dollars ($1,000), the forfeitures shall be deemed approved by the Labor Commissioner upon service and the Labor Commissioner's receipt of copies of the following: (1) the Notice of Withholding of Contract Payments; (2) an audit as defined in these regulations, and (3) a brief narrative identifying the bid advertisement date of the contract and summarizing the nature of the violation, the basis of the underpayment, and the factors considered in determining the assessment of penalties, if any, under Labor Code 1775. For all other forfeitures, approval by the Labor Commissioner shall be requested and obtained in accordance with Labor Code 16437. The Request for Approval of Forfeiture form can be found as Attachment K. 25 5120115 CC A EN A PACKET PA E 181 City of Bakersfield Proposition 84 Grant Labor Compliance Program 8.1. Determination of Amount of Forfeiture by the Labor Commissioner If the City requests a determination of the amount of forfeiture, the request shall include a file or report to the Labor Commissioner which contains such information, as follows: • Whether the Project has been accepted by the City and whether a valid notice of completion has been filed, the dates if any when those events occurred, and the amount of funds being held in retention by the City; • Any other deadline which if missed would impede collection; • Evidence of violation in narrative form; • Evidence of violation and a copy of the audit prepared setting forth the amounts of unpaid wages and applicable penalties; • Evidence that before the forfeiture was sent to the Labor Commissioner (1) the contractor and /or subcontractor(s) were given the opportunity to explain why there was no violation, or that any violation was caused by good faith mistake and promptly corrected when brought to the contractor and /or subcontractor(s) attention, and (2) the contractor and /or subcontractor(s) either did not do so or failed to convince the City of its position; • Where the City seeks not only wages but also a penalty as part of the forfeiture, and the contractor and /or subcontractor(s) has unsuccessfully contended that the cause of violation was a good faith mistake that was promptly corrected when brought to the contractor and /or subcontractor(s) attention, a short statement should accompany the proposal for a forfeiture, with a recommended penalty amount under Labor Code 1775(a); • Where the City seeks only wages or a penalty less than two hundred dollars ($200) per day as part of the forfeiture because the contractor and /or subcontractor(s) has successfully contended that the cause of the violation was a good faith mistake that was promptly corrected when brought to the contractor and /or subcontractor(s) attention, the file should include the evidence as to the contractor and /or subcontractor's knowledge of his or her obligation, including the program's communication to the contractor and /or subcontractor of the obligation in the bid invitations, at the preconstruction conference agenda and records, and any other notice given as part of the contracting process. With the file should be a statement, and recommended penalty amounts, under Labor Code 1775(a); • The previous record of the contractor and /or subcontractor(s) in meeting their prevailing wage obligations; and • Whether the City has been granted approval on only an interim or temporary basis under Labor Code 16425 or 16426 or whether it has been granted extended approval under Labor Code 16427. 26 5120115 CC A EN A PACKET PAGE 182 City of Bakersfield Proposition 84 Grant Labor Compliance Program 8.2. Determination of Forfeiture Dates by the Labor Commissioner The file or report shall be served to the Labor Commissioner as soon as practicable after the violation has been discovered, and not less than thirty (30) days before the final payment, but in no event not less than thirty (30) days before the expiration of the limitations period set forth in Labor Code 1741. A copy of the recommended forfeiture and the file or report shall be served to the contractor and /or subcontractor(s) at the same time as it is sent to the Labor Commissioner. The City may exclude from the documents served on the contractor and /or subcontractor(s) copies of documents secured from the contractor and /or subcontractor(s) during an audit, investigation, or meeting if those are clearly referenced in the file or report. The Labor Commissioner shall affirm, reject, or modify the forfeiture in whole or in part as to the wages and penalties due. The Labor Commissioner's determination of the forfeiture is effective on one of the two following dates: • For all programs other than those having extended authority under Labor Code 16427, on the date the Labor Commissioner serves by first class mail, on the City, on the contractor and /or subcontractor(s), if any, an endorsed copy of the proposed forfeiture, or a newly drafted forfeiture statement which sets out the amount of forfeiture approved. Service to the contractor and /or subcontractor(s) is effective if made on the last address supplied by the contractor and /or subcontractor(s) in the record. The Labor Commissioner's approval, modification or disapproval of the proposed forfeiture shall be served within thirty (30) days of receipt of the proposed forfeiture; or • For programs with extended authority under Labor Code 16427, approval is effective twenty (20) days after the requested forfeitures are served upon the Labor Commissioner, unless the Labor Commissioner serves a notice upon the parties, within that time period, that this forfeiture request is subject to further review. For such programs, a notice that approval will follow such a procedure will be included in the transmittal of the forfeiture request to the contractor. If the Labor Commissioner notifies the parties of a decision to undertake further review, the Labor Commissioner's approval, modification or disapproval of the proposed forfeiture shall be served within thirty (30) days of the date of notice of further review. 9. Deposits of Penalties and Forfeitures Withheld When the involvement of the Labor Commissioner has been limited to a determination of the actual amount of penalty, forfeiture or underpayment of wages, and the matter has been resolved without litigation by or against the Labor Commissioner, the City shall deposit penalties and forfeitures. When collection of fines, penalties or forfeitures results from administrative proceedings or court action to which the Labor Commissioner and City are both parties, the fines, penalties or forfeitures shall be divided between the general funds of the State and the City, as the discretion of the hearing officer or court. All penalties recovered in administrative proceedings or court action brought by or against the Labor Commissioner and to which the City is not a party, shall be deposited in the general fund of the State. All wages and benefits which belong to an employee and are withheld or collected from the contractor and /or subcontractor(s), either by withholding or as a result of administrative proceedings or any court action, and which have not been paid to the employee or irrevocably committed on the employee's behalf to a benefit fund, shall be deposited with the Labor Commissioner who handles such wages and benefits. 27 5120115 CC A EN A PACKET PAGE 183 City of Bakersfield Proposition 84 Grant Labor Compliance Program 10. Request for Review of the City's Enforcement Action and Settlement Authority The contractor and /or subcontractor(s) may request a settlement meeting pursuant to Labor Code 1742.1(b) and may request review of the City's enforcement action in accordance with Labor Code 1771.6(b) and 1742 and the regulations found at Labor Code 17201 - 17270. The City shall have the rights and responsibilities as the enforcing agency (as defined in Labor Code 17202(f)), in responding to such a request for review, including but not limited to, the obligations to serve notices, transmit the Request for Review to the hearing office, and provide an opportunity to review evidence in a timely manner, to participate through counsel in hearing proceedings, and to meet the burden of establishing prima facie support for the Notice of Withholding of Contract Payments. If the contractor and /or subcontractor(s) seek review of the City's enforcement action, the Labor Commissioner may intervene to represent the City, or to enforce relevant provisions of the Labor Code consistent with the practice of the Labor Commissioner, or both. Except in cases where the Labor Commissioner has intervened, the City shall have the authority to prosecute, settle, or seek the dismissal of any Notice of Withholding of Contract Payments issued pursuant to Labor Code 1771.6 and any review proceeding under Labor Code 1742, without any further need for approval by the Labor Commissioner. Whenever the City settles in whole or in part or seeks and obtains the dismissal of a Notice of Withholding of Contract Payments or a review proceeding under Labor Code 1742, the City shall document the reasons for the settlement or request for dismissal and shall make that documentation available to the Labor Commissioner upon request. The Notice of Transmittal and Notice of Opportunity to Review Evidence Pursuant to Labor Code 1742 (b) can be found as Attachment L and M, respectively. 11. Request for Certified Payroll Records Requests may be made by any person for certified copies of certified payroll records. Requests shall be made to the City, DLSE, or the DAS. Although requests for certified copies of certified payroll records pursuant to Labor Code 1776 may be made by any person, any such request shall be in writing and contain at least the following information: the City; contract number and /or description; particular job location(s); name of the contractor; and regular business address. If requesting records of the contractor and /or subcontractor(s), the requestor must list the information regarding that contractor individually, even though the requests pertain to the same Project. Blanket requests covering an entire Project will not be accepted, unless the contractor and /or subcontractor(s) responsibilities regarding the Project are not clearly defined. 11.1. Acknowledgment of Request The City receiving a request for certified payroll records shall acknowledge receipt of such, and indicate the cost of providing the certified payroll records based on an estimate by the contractor and /or subcontractor(s). The acknowledgment of the receipt of said request for certified payroll records may be accomplished by the public entity's furnishing a copy of its written correspondence requesting certified copies of the certified payroll records sent to the specific contractor, to the person who requested said records. 28 5120115 CC AGENDA PACKET PAGE 184 City of Bakersfield Proposition 84 Grant Labor Compliance Program 11.2. Request to Contractor The request for copies of certified payroll records by the City shall be in any form or method which will assure and evidence receipt thereof. The request includes: • Specify the records to be provided and the form the information is to be provided; and • Conspicuous notice of the following: o That the person certifying the copies of the certified payroll records is, if not the contractor and /or subcontractor(s), considered as an agent acting on behalf of the contractor and /or subcontractor(s); o That failure to provide certified copies of the records to the requesting public entity within ten (10) working days of the receipt of the request will subject the contractor to a penalty of twenty five dollars ($25.00) per calendar day or portion thereof for each worker until strict compliance is effectuated; o Cost of preparation as provided in Labor Code 16402; and o Provide for inspection. 11.3. Inspection of Certified Payroll Records Inspection of the original certified payroll records at the office of the contractor(s) and /or subcontractor(s) pursuant to subdivision (b) of Labor Code 1776 shall be limited to the City upon reasonable written or oral notice. 12. Reporting Certified Payroll Request 12.1. Reporting Format The format for reporting of certified payroll records requested pursuant to Labor Code 1776 shall be on a form provided by the City. Copies of the forms may be procured the DLSE throughout the state and /or: Division of Labor Statistics and Research Attn: Prevailing Wage Unit P.O. Box 420603 San Francisco, California 94101 Acceptance of any other format shall be conditioned upon the requirement that the alternate format contain all of the information required pursuant to Labor Code 1776. If, however, the contractor and /or subcontractor(s) do not comply with the provisions of Labor Code 1776, the Labor Commissioner may require the use of the DIR's suggested format. 29 5120115 CC AGENDA PACKET PAGE 185 City of Bakersfield Proposition 84 Grant Labor Compliance Program 12.2. Words of Certification The certification form must include: 1, (Name - print) the undersigned, am (position in business) with the authority to act for and on behalf of , (name of business and /or contractor) certify under penalty of perjury that the records or copies thereof submitted and consisting of (description, no. of pages) are the originals or true, full and correct copies of the originals which depict the payroll record(s) of the actual disbursements by way of check or whatever form to the individual or individuals named. Date: Signature: The City may require a stricter and /or more extensive form of certification. 13. Cost of Preparation The cost of preparation to each contractor and /or subcontractor(s) when the request was made shall be provided in advance by the person seeking the certified payroll record. Such cost shall be one dollar ($1) for the first page of the certified payroll record and twenty five cents ($.25) for each page thereafter, plus ten dollars ($10) to the contractor and /or subcontractor(s) for handling costs. Payment in the form of cash, check or certified money order shall be made prior to release of the documents to cover the actual costs of preparation. 14. Privacy Consideration When the notice has been sent, the City shall proceed to withhold, retain, or forfeit the amount stated in the notice, pursuant to Labor Code 1727. Such withholding, retention, or forfeiture shall be subject to the right of a contractor and /or affected subcontractor(s) to request a hearing, and further subject to the right of a contractor or a contractor's assignee to bring suit against the City as provided by Labor Code 1731 -1733. Nothing in these regulations shall extend, or affect in any way, the statutory time limits provided by Labor Code 1731 -1733. 15. Use of Electronic Reporting Forms The certified payroll records required under Labor Code 1776 may be maintained and submitted electronically subject to the conditions, as follows: • The reports must contain all of the information required under Labor Code 1776, with the information organized in a manner that is similar or identical to how the information is reported on the DIR's suggested format; • The reports shall be in a format and use software that is readily accessible and available to the contractor, City, and the DIR; • Reports submitted to the City, the DLSE, or other entity within the DIR must be either (1) in the form of a non - modifiable image or record that bears an electronic signature or includes a copy 30 5120115 CC A EN A PACKET PAGE 186 City of Bakersfield Proposition 84 Grant Labor Compliance Program of any original certification made on paper, or alternatively (2) printed out and submitted on paper with an original signature; • The requirements for redacting certain information shall be followed when certified payroll records are disclosed to the public pursuant to Labor Code 1776(e), whether the records are provided electronically or as hard copies; and • The contractor and subcontractor(s) shall not be required to submit or receive electronic reports when they otherwise do not lack the resources or capacity to do so, nor shall the contractor and subcontractor(s) be required to purchase or use proprietary software that is not generally available to the public. 16. Inquiries Questions regarding the LCP for this Project and matters concerning the payment of prevailing wages should be referred to: City of Bakersfield Attn: Darin Budak 1600 Truxtun Avenue Bakersfield, CA 93301 17. Composition and Components In accordance with Labor Code Section 1771.5(b), the City shall include, but not be limited to, the following requirements: • The Call for Bids, Design -Build Request, and the contract or purchase order shall contain appropriate language concerning the requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code. • A pre -job conference shall be conducted before commencement of the work with contractors and subcontractors listed in the bid or who are required to be identified or prequalified in a Design -Build Contract. At the pre -job conference applicable federal and state labor law requirements shall be discussed, and copies of suggested reporting forms furnished. A checklist, showing which federal and state labor law requirements were discussed, shall be kept for each conference. A checklist in the format of Appendix A presumptively meets this requirement. • A requirement that certified payroll records be kept by the contractor in accordance with Labor Code Section 1776 and furnished to the City at times designated in the contract, which shall be at least monthly, or within ten (10) days of any request by the Awarding Body. Use of the current version of DIR's "Public Works Payroll Reporting Form" (A -1 -131) and Statement of Employer Payments (PW26) constitute presumptive compliance with the requirement for certified payroll records kept in accordance with Labor Code Section 1776, provided the forms are filled out accurately and completely. These suggested forms are available from the DIR. 31 5120115 CC A EN A PACKET PAGE 187 City of Bakersfield Proposition 84 Grant Labor Compliance Program • A program for orderly review of payroll records and, if necessary, for audits to verify compliance with the requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code. • A prescribed routine for withholding penalties, forfeitures, and underpayment of wages for violations of the requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code. • All contracts to which prevailing wage requirements apply shall include a provision that contract payments shall not be made when payroll records are delinquent or inadequate. To the extent otherwise authorized by law, an Awarding Body or a Joint Powers Authority consisting of two or more Awarding Bodies may contract with a third party to initiate and enforce all or part of its Labor Compliance Program, provided that the third party has been approved by the Director to operate a Labor Compliance Program in accordance with these regulations. However, this subpart (b) shall not be construed as limiting an Awarding Body's or Joint Powers Authority's authority to contract for services for the operation of its own approved Labor Compliance Program, including services by persons licensed or certified by the State of California to practice one of the following recognized professions: law, architecture, engineering, or accounting. Nothing in this section or these regulations shall be construed as limiting the responsibility and authority of an Awarding Body to take cognizance of prevailing wage violations under Section 1726 of the Labor Code and take any appropriate action pursuant to and in accordance with that responsibility and authority. It is the responsibility of a Labor Compliance Program to enforce prevailing wage requirements, consistent with the policy of the state as expressed in Labor Code Section 90.5(a). A Labor Compliance Program shall take reasonable, vigorous, and prompt action to (1) determine whether violations exist, and (2) enforce compliance, including through imposition of appropriate penalties and formal enforcement action, when violations are found. A Labor Compliance Program shall neither avoid use of its enforcement authority based on cost considerations nor shall it use that authority in an unreasonable manner to gain leverage over a contractor or subcontractor. Unreasonable use of enforcement authority includes, but is not necessarily limited to, prolonged or excessive withholdings of contract payments without making a determination that a violation has occurred. The failure of City to comply with any requirement imposed by this subchapter shall not of itself constitute a defense to the failure to pay prevailing wages or to comply with any other obligation imposed by Chapter 1 (commencing with Section 1720), Part 7, Division 2 of the Labor Code. 32 5120115 CC A EN A PACKET PA E 188 City of Bakersfield Proposition 84 Grant Labor Compliance Program Attachment A — Statement of Employer Payments (Fringe Benefits) 5120115 CC A EN A PACKET PAGE 189 City of Bakersfield Proposition 84 Grant Labor Compliance Program This page is intentionally left blank. 5120115 CC A EN A PACKET PAGE 190 Statement of Employer Payments Date: In Reply, Refer to Case No: &pL OF , s yf . Prime: b Subcontractor: =� PROJECT NAME:' PROJECT CONTRACT NO.: County /location: c4<«oRx'" HEALTH AND WELFARE NAME OF PLAN ADMINISTRATOR Address, City and Zip Address, City and Zip CLASSIFICATION(S) USED CONTRIBUTION PER CLASSIFICATION PER HOUR CONTRIBUTIONS: WEEKLY MONTHLY QUARTERLY ANNUALLY PENSION NAME OF PLAN ADMINISTRATOR Address, City and Zip Address, City and Zip CLASSIFICATION(S) USED CONTRIBUTION PER CLASSIFICATION PER HOUR CONTRIBUTIONS: WEEKLY MONTHLY QUARTERLY ANNUALLY VACATION /HOLIDAY NAME OF PLAN ADMINISTRATOR Address, City and Zip Address, City and Zip CLASSIFICATION(S) USED CONTRIBUTION PER CLASSIFICATION PER HOUR CONTRIBUTIONS: WEEKLY MONTHLY QUARTERLY ANNUALLY TRAINING NAME OF PLAN ADMINISTRATOR Address, City and Zip Address, City and Zip CLASSIFICATION(S) USED CONTRIBUTION PER CLASSIFICATION PER HOUR CONTRIBUTIONS: WEEKLY MONTHLY QUARTERLY ANNUALLY IF YOU USE OTHER PLANS NOT LISTED ABOVE, YOU MAY USE THE BACK OF THIS FORM TO PROVIDE THIS ADDITIONAL INFORMATION PW 26 5120115 CC A EN A PACKET PAGE 191 City of Bakersfield Proposition 84 Grant Labor Compliance Program This page is intentionally left blank. 5120115 CC A EN A PACKET PAGE 192 City of Bakersfield Proposition 84 Grant Labor Compliance Program Attachment B — Department of Apprenticeship Standards Apprenticeship Forms 5120115 CC A EN A PACKET PAGE 193 City of Bakersfield Proposition 84 Grant Labor Compliance Program This page is intentionally left blank. 5120115 CC A EN A PACKET PAGE 194 PUBLIC WORKS CONTRACT AWARD INFORMATION Contract award information must be sent to your Apprenticeship Committee if you are approved to train. If you are not approved to train, you must send the information (which may be this form) to ALL applicable Apprenticeship Committees in your craft or trade in the area of the site of the public work. Go to: http:// www. dir. ca. gov /das /PublicWorksForms.htmfor information about programs in your area and trade. You may also consult your local Division of Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards. Do not send this form to the Division of Apprenticeship Standards. NAME OF YOUR COMPANY CONTRACTOR'S STATE LICENSE NO MAILING ADDRESS- NUMBER & STREET, CITY, ZIP CODE AREA CODE & TELEPHONE NO. NAME & ADDRESS OF PUBLIC WORKS PROJECT DATE YOUR CONTRACT EXECUTED DATE OF EXPECTED OR ACTUAL START OF PROJECT NAME & ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT ESTIMATED NUMBER OF JOURNEYMEN HOUR£ OCCUPATION OF APPRENTICE THIS FORM IS BEING SENT TO: (NAME &ADDRESS OF APPRENTICESHIP PROGRAM(S)) ESTIMATED NUMBER OF APPRENTICE HOURS APPROXIMATE DATES TO BE EMPLOYED This is not a request for dispatch of apprentices. Contractors must make a separate request for actual dispatch, in accordance with Section 230.1(a) California Code of Regulations Check One Of The Boxes Below 1. F-1 We are already approved to train apprentices by the Apprenticeship Committee. We will employ and train under their Standards. Enter name of the Committee 2. F—] We will comply with the standards of Apprenticeship Committee for the duration of this job only. Enter name of the Committee We will employ and train apprentices in accordance with the California Apprenticeship Council regulations, including § 230.1 (c) which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman /men. Signature Date Typed Name Title 3. State of California - Department of Industrial Relations DIVISION DAS 140 (REV. 1/04) OF APPRENTICESHIP STANDARDS 5120115 CC AGENDA PACKET PAGE 195 REQUEST FOR DISPATCH OF AN APPRENTICE - DAS 142 FORM DO NOT SEND THIS FORM TO DAS You may use this form to request dispatch of an apprentice from the Apprenticeship Committee in the craft or trade in the area of the public work. Go to: http: / /www.dir.ca.gov /databases /das /pwaddrstart.asp for information about programs in your area and trade. You may also consult your local Division Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards. Except for projects with less than 40 hours of journeyman work, you must reauest and employ apprentices in no less than 8 hour increments. Date: Contractor Requesting Dispatch: Name: To Applicable Apprenticeship Committee: Name: Address: Address: — License No. Tel. No. Fax No. Tel. No. Fax No. Project Information: Contract No. _ Name of the Project: Address: Dispatch Request Information: Number of Apprentice(s) Needed: Craft or Trade: Date Apprentice(s) to Report: (72 hrs. notice required) Time to Report: Name of Person to Report to: Address to Report to: You may use this form to make your written request for the dispatch of an apprentice. Requests for dispatch must be in writing and submitted at least 72 hours in advance (excluding weekends and holidays) via first class mail, fax or email. Proof of submission may be required. Please take note of California Code of Regulations, Title 8, § 230.1 (a) for all applicable requirements regarding apprenticeship requests and /or visit htta-11www. dir. ca. gov/ DAS /DA SApprenticesOnPublicWorksSummaryOfReguirements. htm DAS 142 (Revised 04114) 5120115 CC A EN A PACKET PAGE 196 State of California Department of Industrial Relations California Apprenticehip Council P. O. Box 420603 San Francisco, CA 94142 Please use a separate form for each jobsite, listing the occupations for the jobsite. One check payable to the California Apprenticeship Council, may be submitted for all jobsites and /or occupations. Training fund contributions are not accepted by the California Apprenticeship Council for federal public works projects, or for non - apprenticeable occupations such as utility technicians, teamsters, etc. TRAINING FUND CONTRIBUTIONS California Apprenticeship Council NAME AND ADDRESS OF CONTRACTOR /SUBCONTRACTOR MAKING CONTRIBUTION CONTRACTOR'S LICENSE NMBER CONTRACT OR PROJECT NUMBER JOBSITE LOCATION (INCLUDE COUNTY) IF APPLICABLE. GIVE NAME OF SCHOOL, HOSPITAL, BUILDING. ETC. NAME AND ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT PERIOD COVERED BY CONTRIBUTION (FROM -TO) CLASSIFICATIONS) OF WORKERS (CARPENTER, PLUMBER, ELECTRICIAN, ETC.) COUNTY WORK PERFORMED IN HOURS CONTRIBUTION AMOUNT RATE PER HOUR 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total $0.00 SIGNATURE PLEASE TYPE OR PRINT YOUR NAME DATE TITLE AREA CODE & TELEPHONE NUMBER CAC 2 (rev. 6/03) Hqtrs. TRAINING FUND CONTRIBUTIONS 5120115 CC AGENDA PACKET PAGE 197 City of Bakersfield Proposition 84 Grant Labor Compliance Program This page is intentionally left blank. 5120115 CC A EN A PACKET PAGE 198 City of Bakersfield Proposition 84 Grant Labor Compliance Program Attachment C — Public Works Payroll Reporting Form 5120115 CC A EN A PACKET PAGE 199 City of Bakersfield Proposition 84 Grant Labor Compliance Program This page is intentionally left blank. 5120115 CC A EN A PACKET PAGE 200 0. orb r NMI I O ov HICIC o t4 XET PAGE 201 Vo pox Iz Z Fop Z Fop uc z z 115 115 115 15 15 7. O z z z O 7. 24 < C < C Fx w fa S. O - — — — — — — — — — SMOLLdWHXH ONICII H -H-IIAk JO ON — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — z 7) 5120/1_) CC AGENDA PA ov HICIC o t4 XET PAGE 201 NOTICE TO PUBLIC ENTITY For Privacy Considerations Fold back along dotted line prior to copying for release to general public (private persons). (Paper Size then 8 -1/2 x 11 inches) I, (Name — print) (Position in business) (Name of business and/or contractor) the undersigned, am the with the authority to act for and on behalf of that the records or copies thereof submitted and consisting of certify under penalty of perjury (Description, number of pages) are the originals or true, full, and correct copies of the originals which depict the payroll record(s) of the actual disbursements by way of cash, check, or whatever form to the individual or individuals named. Date: Signature: A public entity may require a stricter and/or more extensive form of certification. 5120115 CC AGENDA PACKET PAGE 202 City of Bakersfield Proposition 84 Grant Labor Compliance Program Attachment D — Suggested Checklist of Labor Law Requirements 5120115 CC A EN A PACKET PAGE 203 City of Bakersfield Proposition 84 Grant Labor Compliance Program This page is intentionally left blank. 5120115 CC A EN A PACKET PAGE 204 Suggested Checklist of Labor Law Requirements The federal and state labor law requirements applicable to the contract are composed of but not limited to the following items: (1) The contractor's duty to pay prevailing wages under Labor Code Section 1770 et seq., should the project exceed the exemption amounts; (2) The contractor's duty to employ registered apprentices on the public works project under Labor Code Section 1777.5; (3) The penalties for failure to pay prevailing wages (for non - exempt projects) and employ apprentices including forfeitures and debarment under Labor Code Sections 1775 and 1777.7; (4) The requirement to keep and submit copies upon request of certified payroll records under Labor Code Section 1776, and penalties for failure to do so under Labor Code Section 1776(8); (5) The prohibition against employment discrimination under Labor Code Section 1777.6; the Government Code, and Title VII of the Civil Rights Act of 1964; (6) The prohibition against accepting or extracting kickback from employee wages under Labor Code Section 1778; (7) The prohibition against accepting fees for registering any person for public work under Labor Code Section 1779; or for filling work orders on public works under Labor Code Section 1780; (8) The requirement to list all subcontractors under Public Contracts Code Section 4104; (9) The requirement to be properly licensed and to require all subcontractors to be properly licensed and the penalty for employing workers while unlicensed under Labor Code Section 1021 and under the California Contractors License Law, found at Business and Professions Code Section 7000 et seq; (10) The prohibition against unfair competition under Business and Professions Code Sections 17200 - 17208; (11) The requirement that the contractor be properly insured for Workers Compensation under Labor Code Section 1861; (12) The requirement that the contractor abide by the Occupational, Safety and Health laws and regulations that apply to the particular construction project; (13) The federal prohibition against hiring undocumented workers, and the requirement to secure proof of eligibility /citizenship from all workers. (14) The requirement to provide itemized wage statements to employees under Labor Code Section 226. Certification: I acknowledge that I have been informed and am aware of the foregoing requirements and that I am authorized to make this certification on behalf of [name of subcontractor]. Date Name of person signing and company 5120115 CC A EN A PACKET PAGE 205 City of Bakersfield Proposition 84 Grant Labor Compliance Program This page is intentionally left blank. 5120115 CC A EN A PACKET PAGE 206 City of Bakersfield Proposition 84 Grant Labor Compliance Program Attachment E — Statement of Economic Interest 5120115 CC A EN A PACKET PAGE 207 City of Bakersfield Proposition 84 Grant Labor Compliance Program This page is intentionally left blank. 5120115 CC AGENDA PACKET PAGE 208 2013/2014 Statement of Economic Interests • 11 • Form 700 in Excelformat • Reference Pamphletfor Form 700 428 J Street, Suite 620 • Sacramento, CA 95814 Email Advice: advice@fppc.ca.gov Toll-free advice line: 1 (866) ASK-FPPC • 1 (866) 275-3772 Telephone: (916) 322-5660 • Website: www.fppc.ca.gov 5120115 CC AGENDA PACKET PAGE 209 W41'4 Ntw.w Gifts and Travel Payments The Commission is continually updating regulations and rules that pertain to gifts and travel payments. For the most current information, including new travel rules effective January, 2014, refer to the fact sheets and FAQs on our website. The rules contained in this publication were those in effect through December 31, 2013 and apply to gifts and travel payments received during 2013. New Gift Tracking Mobile Application FPPC has created and launched a new gift tracking app for mobile devices. The app helps filers track gifts they receive in a calendar year and provides a quick and easy way to upload the information to the Form 700. The data is not collected electronically, it is fully stored on the phone. This app is currently available for Android Phone running version 4.0 or higher, with an iOS version coming in the near future. Wo must file: • Elected and appointed officials and candidates listed in Government Code Section 87200 • Employees, appointed officials, and consultants filing pursuant to a conflict of interest code ( "code filers "). Obtain your disclosure categories, which describe the interests you must report, from your agency; they are not part of the Form 700 • Candidates running for local elective offices that are designated in a conflict of interest code (e.g., county sheriffs, city clerks, school board trustees, and water board members) • Members of newly created boards and commissions not yet covered under a conflict of interest code Employees in newly created positions of existing agencies See Reference Pamphlet, page 3, at www.fppc.ca.gov or obtain from your filing officer. W4u to file: 87200 Filers State offices Youragency Judicial offices The clerk of your court Retired Judges Directly with FPPC County offices Your county filing official City offices Your city clerk Multi- County offices Your agency Code Filers — State and Local Officials, Employees, and Consultants Designated in a Conflict of Interest Code: File with your agency, board, or commission unless otherwise specified in your agency's conflict of interest code (e.g., Legislative staff files directly with FPPC). In most cases, the agency, board, or commission will retain the statements. Members of Boards and Commissions of Newly Created Agencies: File with your newly created agency or with your agency's code reviewing body. Employees in Newly Created Positions of Existing Agencies: File with your agency or with your agency's code reviewing body. See Reference Pamphlet, page 3. Candidates: File with your local elections office. How to file: The Form 700 is available at www.fppc.ca.gov. Form 700 schedules are also available in Excel format. All statements must have an original "wet" signature or be duly authorized by your filing officer to file electronically under Government Code Section 87500.2. Instructions, examples, FAQs, and a reference pamphlet are available to help answer your questions. %U" to file: Annual Statements �Z March 3, 2014 - Elected State Officers - Judges and Court Commissioners - State Board and Commission Members listed in Government Code Section 87200 �Z April 1, 2014 - Most other filers Individuals filing under conflict of interest codes in city and county jurisdictions should verify the annual filing date with their local filing officers. Statements postmarked by the filing deadline are considered filed on time. Assuming Office and Leaving Office Statements Most filers file within 30 days of assuming or leaving office or within 30 days of the effective date of a newly adopted or amended conflict of interest code. Exception: If you assumed office between October 1, 2013, and December 31, 2013, and filed an assuming office statement, you are not required to file an annual statement until March 2, 2015, or April 1, 2015, whichever is applicable. The annual statement will cover the day after you assumed office through December 31, 2014. See Reference Pamphlet, pages 6 and 7, for additional exceptions. Candidate Statements File no later than the final filing date for the declaration of candidacy or nomination documents. Amendments Statements may be amended at any time. You are only required to amend the schedule that needs to be revised. It is not necessary to amend the entire filed form. Obtain amendment schedules at www.fppc.ca.gov. There is no provision for filing deadline extensions unless the filer is serving in active military duty. (Regulation 18723) Statements of 30 pages or less may be faxed by the deadline as long as the originally signed paper version is sent by first class mail to the filing official within 24 hours. 512 0115 CC A GENDA PA CKET PA GE 210 Introduction The Political Reform Act (Gov. Code Sections 81000- 91014) requires most state and local government officials and employees to publicly disclose their personal assets and income. They also must disqualify themselves from participating in decisions that may affect their personal economic interests. The Fair Political Practices Commission (FPPC) is the state agency responsible for issuing the attached Statement of Economic Interests, Form 700, and for interpreting the law's provisions. Gift Prohibition Gifts received by most state and local officials, employees, and candidates are subject to a limit. During 2013, the gift limit was $440 from a single source for the calendar year. This gift limit is effective until December 31, 2014. In addition, state officials, state candidates, and certain state employees are subject to a $10 limit per calendar month on gifts from lobbyists and lobbying firms registered with the Secretary of State. See Reference Pamphlet, page 10. State and local officials and employees should check with their agency to determine if other restrictions apply. Disqualification Public officials are, under certain circumstances, required to disqualify themselves from making, participating in, or attempting to influence governmental decisions that will affect their economic interests. This may include interests they are not required to disclose (i.e., a personal residence is often not reportable, but may be disqualifying). Specific disqualification requirements apply to 87200 filers (e.g., city councilmembers, members of boards of supervisors, planning commissioners, etc.). These officials must identify orally the economic interest that creates a conflict of interest and leave the room before a discussion or vote takes place at a public meeting. For more information, consult Government Code Section 87105, Regulation 18702.5, and the Overview of the Conflict of Interest Laws at www.fppc.ca.gov. Honorarium Ban Most state and local officials, employees, and candidates are prohibited from accepting an honorarium for any speech given, article published, or attendance at a conference, convention, meeting, or like gathering. See Reference Pamphlet, page 10. Loan Restrictions Certain state and local officials are subject to restrictions on loans. See Reference Pamphlet, page 14. Post - Governmental Employment There are restrictions on representing clients or employers before former agencies. The provisions apply to elected state officials, most state employees, local elected officials, county chief administrative officers, city managers, including the chief administrator of a city, and general managers or chief administrators of local special districts and JPAs. The FPPC website has fact sheets explaining the provisions. Late Filing The filing officer who retains originally- signed or electronically filed statements of economic interests may impose on an individual a fine for any statement that is filed late. The fine is $10 per day up to a maximum of $100. Late filing penalties may be reduced or waived under certain circumstances. Persons who fail to timely file their Form 700 may be referred to the FPPC's Enforcement Division (and, in some cases, to the Attorney General or district attorney) for investigation and possible prosecution. In addition to the late filing penalties, a fine of up to $5,000 per violation may be imposed. For assistance concerning reporting, prohibitions, and restrictions under the Act: • Email questions to advice @fppc.ca.gov. • Call the FPPC toll -free at (866) 275 -3772. Form 700 is a Public Document Public Access Must Be Provided Statements of Economic Interests are public documents. The filing officer must permit any member of the public to inspect and receive a copy of any statement. • Statements must be available as soon as possible during the agency's regular business hours, but in any event not later than the second business day after the statement is received. Access to the Form 700 is not subject to the Public Records Act procedures. • No conditions may be placed on persons seeking access to the forms. • No information or identification may be required from persons seeking access. • Reproduction fees of no more than 10 cents per page may be charged. FPPC Form 700(2013/2014) FPPC Advice Email: advice @fppc.ca.gov FPPC Toll -Free Helpline: 866/275 -3772 www.fppc.ca.gov Introduction 5120115 CC A EN A PACKET PAGE 211 Types of Form 700 Filings Assuming Office Statement: If you are a newly appointed official or are newly employed in a position designated, or that will be designated, in a state or local agency's conflict of interest code, your assuming office date is the date you were sworn in or otherwise authorized to serve in the position. If you are a newly elected official, your assuming office date is the date you were sworn in. Investments, interests in real property, and business positions held on the date you assumed the office or position must be reported. In addition, income (including loans, gifts, and travel payments) received during the 12 months prior to the date you assumed the office or position is reportable. For positions subject to confirmation by the State Senate or the Commission on Judicial Performance, your assuming office date is the date you were appointed or nominated to the position. Example: Maria Lopez was nominated by the Governor to serve on a state agency board that is subject to state Senate confirmation. The assuming office date is the date Maria's nomination is submitted to the Senate. Maria must report investments, interests in real property, and business positions she holds on that date, and income (including loans, gifts, and travel payments) received during the 12 months prior to that date. If your office or position has been added to a newly adopted or newly amended conflict of interest code, use the effective date of the code or amendment, whichever is applicable. Investments, interests in real property, and business positions held on the effective date of the code or amendment must be reported. In addition, income (including loans, gifts, and travel payments) received during the 12 months prior to the effective date of the code or amendment is reportable. Annual Statement: Generally, the period covered is January 1, 2013, through December 31, 2013. If the period covered by the statement is different than January 1, 2013, through December 31, 2013, (for example, you assumed office between October 1, 2012, and December 31, 2012 or you are combining statements), you must specify the period covered. Investments, interests in real property, business positions held, and income (including loans, gifts, and travel payments) received during the period covered by the statement must be reported. Do not change the preprinted dates on Schedules A -1, A -2, and B unless you are required to report the acquisition or disposition of an interest that did not occur in 2013. • If your disclosure category changes during a reporting period, disclose under the old category until the effective date of the conflict of interest code amendment and disclose under the new disclosure category through the end of the reporting period. Leaving Office Statement: Generally, the period covered is January 1, 2013, through the date you stopped performing the duties of your position. If the period covered differs from January 1, 2013, through the date you stopped performing the duties of your position (for example, you assumed office between October 1, 2012, and December 31, 2012, or you are combining statements), the period covered must be specified. The reporting period can cover parts of two calendar years. Investments, interests in real property, business positions held, and income (including loans, gifts, and travel payments) received during the period covered by the statement must be reported. Do not change the preprinted dates on Schedules A -1, A -2, and B unless you are required to report the acquisition or disposition of an interest that did not occur in 2013. Candidate Statement: If you are filing a statement in connection with your candidacy for state or local office, investments, interests in real property, and business positions held on the date of filing your declaration of candidacy must be reported. In addition, income (including loans, gifts, and travel payments) received during the 12 months rip or to the date of filing your declaration of candidacy is reportable. Do not change the preprinted dates on Schedules A -1, A -2, and B. Candidates running for local elective offices (e.g., county sheriffs, city clerks, school board trustees, and water district board members) must file candidate statements, as required by the conflict of interest code for the elected position. The code may be obtained from the agency of the elected position. Amendments: If you discover errors or omissions on any statement, file an amendment as soon as possible. You are only required to amend the schedule that needs to be revised; it is not necessary to refile the entire form. Obtain amendment schedules from the FPPC website at www.fppc.ca.gov. FPPC Form 700(2013/2014) FPPC Advice Email: advice @fppc.ca.gov FPPC Toll -Free Helpline: 866/275 -3772 www.fppc.ca.gov Types of Statements 5120115 CC A EN A PACKET PAGE 212 Instructions Cover Page Enter your name, mailing address, and daytime telephone number in the spaces provided. Because the Form 700 is a public document, you may list your business /office address instead of your home address. Part 1. Office, Agency, or Court • Enter the name of the office sought or held, or the agency or court. Consultants must enter the public agency name rather than their private firm's name. (Examples: State Assembly; Board of Supervisors; Office of the Mayor; Department of Finance; Hope County Superior Court) • Indicate the name of your division, board, or district, if applicable. (Examples: Division of Waste Management; Board of Accountancy; District 45). Do not use acronyms. • Enter your position title. (Examples: Director; Chief Counsel; City Council Member; Staff Services Analyst) • If you hold multiple positions (i.e., a city council member who also is a member of a county board or commission), you may be required to file statements with each agency. To simplify your filing obligations, you may complete an expanded statement. • To do this, enter the name of the other agency(ies) with which you are required to file and your position title(s) in the space provided. Do not use acronyms. Attach an additional sheet if necessary. Complete one statement covering the disclosure requirements for all positions. Each copy must contain an original signature. Therefore, before signing the statement, make a copy for each agency. Sign each copy with an original signature and file with each agency. If you assume or leave a position after a filing deadline, you must complete a separate statement. For example, a city council member who assumes a position with a county special district after the April 1 annual filing deadline must file a separate assuming office statement. In subsequent years, the city council member may expand his or her annual filing to include both positions. Example: Scott Baker is a city council member for the City of Lincoln and a board member for the Camp Far West Irrigation District — a multi- county agency that covers Placer and Yuba counties. Scott will complete one Form 700 using full disclosure (as required for the city position) and covering interests in both Placer and Yuba counties (as required for the multi- county position) and list both positions on the Cover Page. Before signing the statement, Scott will make a copy and sign both statements. One statement will be filed with City of Lincoln and the other will be filed with Camp Far West Irrigation District. Both will contain an original signature. Part 2. Jurisdiction of Office • Check the box indicating the jurisdiction of your agency and, if applicable, identify the jurisdiction. Judges, judicial candidates, and court commissioners have statewide jurisdiction. All other filers should review the Reference Pamphlet, page 13, to determine their jurisdiction. • If your agency is a multi- county office, list each county in which your agency has jurisdiction. • If your agency is not a state office, court, county office, city office, or multi- county office (e.g., school districts, special districts and JPAs), check the "other" box and enter the county or city in which the agency has jurisdiction. Example: This filer is a member of a water district board with jurisdiction in portions of Yuba and Sutter Counties. Part 3. Type of Statement 1. Office, Agency, or Court Agency Name South Sutter Water District Division, Board, Department, Distrid, if applicable Yoar Position Board Member r If filing for multiple positions, list below or on an attachment. Agency: Position: 2. Jurisdiction Of Office (Cbe�xnt1— toneb -) ❑ State ❑ Judge or Conrt Commissioner (Statewide Jurisdiction) ❑ Mmn -cannty ❑ Cannty of ❑ eity of ® ocher Portions of Yuba & Sutter Counties Check at least one box. The period covered by a statement is determined by the type of statement you are filing. If you are completing a 2013 annual statement, do not change the pre - printed dates to reflect 2014. Your annual statement is used for reporting the previous year's economic interests. Economic interests for your annual filing covering January 1, 2014, through December 31, 2014, will be disclosed on your statement filed in 2015. See Reference Pamphlet, page 4. Combining Statements: Certain types of statements may be combined. For example, if you leave office after January 1, but before the deadline for filing your annual statement, you may combine your annual and leaving office statements. File by the earliest deadline. Consult your filing officer or the FPPC. Part 4. Schedule Summary Enter the total number of completed pages including the cover page and either: Check the box for each schedule you use to disclose interests; -or - if you have nothing to disclose on any schedule, check the "No reportable interests" box. Please do not attach any blank schedules. Part 5. Verification Complete the verification by signing the statement and entering the date signed. All statements must have an original "wet" signature or be duly authorized by your filing officer to file electronically under Government Code Section 87500.2. Instructions, examples, FAQs, and a reference pamphlet are available to help answer your questions. When you sign your statement, you are stating, under penalty of perjury, that it is true and correct. Only the filer has authority to sign the statement. An unsigned statement is not considered filed and you may be subject to late filing penalties. FPPC Form 700(2013/2014) FPPC Advice Email: advice @fppc.ca.gov FPPC Toll -Free Helpline: 866/275 -3772 www.fppc.ca.gov Instructions —1 5120115 CC A EN A PACKET PAGE 213 Please type or print in ink. NAME OF FILER 1. Office, Agency, or Court Agency Name (Do not use acronyms) (LAST) STATEMENT OF ECONOMIC INTERESTS COVER PAGE (FIRST) Division, Board, Department, District, if applicable Your Position P. If filing for multiple positions, list below or on an attachment. (Do not use acronyms) Agency: 2. Jurisdiction of Office (Check at least one box) ❑ State ❑ Multi- County ❑ City of 3. Type of Statement (Check at least one box) ❑ Annual: The period covered is January 1, 2013, through December 31, 2013. -or- The period covered is I I through December 31, 2013. ❑ Assuming Office: Date assumed I I ❑ Candidate: Election year 4. Schedule Summary Check applicable schedules or "None." ❑ Schedule A -1 - Investments - schedule attached ❑ Schedule A -2 - Investments - schedule attached ❑ Schedule B - Real Property - schedule attached 5. Verification Position: ate rec6ved Orroial tiro only (MIDDLE) ❑ Judge or Court Commissioner (Statewide Jurisdiction) F-1 ('.minty of ❑ Other ❑ Leaving Office: Date Left I I (Check one) • The period covered is January 1, 2013, through the date of leaving office. • The period covered is through the date of leaving office. and office sought, if different than Part 1: r► Total number of pages including this cover page: ❑ Schedule C - Income, Loans, & Business Positions - schedule attached ❑ Schedule D - Income - Gifts - schedule attached ❑ Schedule E - Income - Gifts - Travel Payments - schedule attached -or- F-1 None - No reportable interests on any schedule MAILING ADDRESS STREET CITY (Business or Agency Address Recommended - Public Document) DAYTIME TELEPHONE NUMBER E -MAIL ADDRESS (OPTIONAL) ( ) STATE ZIP CODE I have used all reasonable diligence in preparing this statement. I have reviewed this statement and to the best of my knowledge the information contained herein and in any attached schedules is true and complete. I acknowledge this is a public document. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date Signed (month, day, year) Signature (File the originally signed statement with your filing official.) FPPC Form 700(2013/2014) FPPC Advice Email: advice @fppc.ca.gov FPPCTnll_ rraa Nalnlna- Rrr%/ 777S_g777 wwwfnnr_ra_arni 512011 5 CC AGENDA PACKET E 214 Which Schedule Do I Use? Common Reportable Interests Schedule A -1 Stocks, including those held in an IRA or a 401 K Schedule A -2 Business entities (including certain independent contracting), sole proprietorships, partnerships, LLCs, corporations, and trusts Schedule B Rental property in the jurisdiction Schedule C Non - governmental salaries of public official and spouse /registered domestic partner Schedule D Gifts from businesses (such as tickets to sporting or entertainment events) Schedule E Travel payments from third parties (not your employer) Common Non - Reportable Interests Schedule A -1 Insurance policies, government bonds, diversified mutual funds, certain funds similar to diversified mutual funds (such as exchange traded funds) and investments held in certain retirement accounts. See Reference Pamphlet, page 12, for detailed information. (Regulation 18237) Schedule A -2 Savings and checking accounts and annuities Schedule B A residence used exclusively as a personal residence (such as a home or vacation cabin) Schedule C Governmental salary (such as a school district) Schedule D Gifts from family members Schedule E Travel paid by your government agency Remember: ✓ Mark the "No reportable interests" box on Part 4 of the Schedule Summary on the Cover Page if you determine you have nothing to disclose and file the Cover Page only. Make sure you carefully read all instructions to ensure proper reporting. ✓ The Form 700 is a public document. ✓ Most individuals must consult their agency's conflict of interest code for reportable interests. ✓ Most individuals file the Form 700 with their agencies. FPPC Form 700(2013/2014) FPPC Advice Email: advice @fppc.ca.gov FPPC Toll -Free Helpline: 866/275 -3772 www.fppc.ca.gov Instructions - 3 5120115 CC A EN A PACKET PAGE 21.E Questions and Answers General Q. What is the reporting period for disclosing interests on an assuming office statement or a candidate statement? Investment Disclosure Q. I have an investment interest in shares of stock in a company that does not have an office in my jurisdiction. Must I still disclose my investment interest in this A. On an assuming office statement, disclose all reportable investments, interests in real property, and A. business positions held on the date you assumed office. In addition, you must disclose income (including loans, gifts and travel payments) received during the 12 months prior to the date you assumed office. On a candidate statement, disclose all reportable investments, interests in real property, and business positions held on the date you file your declaration of candidacy. You must also disclose income (including loans, gifts and travel payments) received during the 12 months prior to the date you file your declaration of candidacy. Q. I hold two other board positions in addition to my position with the county. Must I file three statements of economic interests? A. Yes, three are required. However, you may complete one statement listing the county and the two boards on the Cover Page or an attachment as the agencies for which you will be filing. Report your economic interests using the largest jurisdiction and highest disclosure requirements assigned to you by the three agencies. Make two copies of the entire statement before signing it, sign each copy with an original signature, and distribute one original to the county and to each of the two boards. Remember to complete separate statements for positions that you leave or assume during the year. Q. I am a department head who recently began acting as city manager. Should I file as the city manager? A. Yes. File an assuming office statement as city manager. Persons serving as "acting," "interim," or "alternate" must file as if they hold the position because they are or may be performing the duties of the position. Q. As a designated employee, I left one state agency to work for another state agency. Must I file a leaving office statement? A. Yes. You may also need to file an assuming office statement for the new agency. company? Probably. The definition of "doing business in the jurisdiction" is not limited to whether the business has an office or physical location in your jurisdiction. See Reference Pamphlet, page 13. Q. My spouse and I have a living trust. The trust holds rental property in my jurisdiction, our primary residence, and investments in diversified mutual funds. I have full disclosure. How is this trust disclosed? A. Disclose the name of the trust, the rental property and its income on Schedule A -2. Your primary residence and investments in diversified mutual funds registered with the SEC are not reportable. Q. I am required to report all investments. I have an IRA that contains stocks through an account managed by a brokerage firm. Must I disclose these stocks even though they are held in an IRA and I did not decide which stocks to purchase? A. Yes. Disclose on Schedule A -1 orA -2 any stock worth $2,000 or more in a business entity located in or doing business in your jurisdiction. Q. I own stock in IBM and must report this investment on Schedule A -1. I initially purchased this stock in the early 1990s; however, I am constantly buying and selling shares. Must I note these dates in the "Acquired" and "Disposed" fields? A. No. You must only report dates in the "Acquired" or "Disposed" fields when, during the reporting period, you initially purchase a reportable investment worth $2,000 or more or when you dispose of the entire investment. You are not required to track the partial trading of an investment. FPPC Form 700(2013/2014) FPPC Advice Email: advice @fppc.ca.gov FPPC Toll -Free Helpline: 866/275 -3772 www.fppc.ca.gov Instructions — 4 5120115 CC A EN A PACKET PAGE 216 Questions and Answers Continued Q. On last year's filing I reported stock in Encoe valued at $2,000 - $10,000. Late last year the value of this stock fell below and remains at less than $2,000. How should this be reported on this year's statement? A. You are not required to report an investment if the value was less than $2,000 during the entire reporting period. However, because a disposed date is not required for stocks that fall below $2,000, you may want to report the stock and note in the "comments" section that the value fell below $2,000. This would be for informational purposes only; it is not a requirement. Q. We have a Section 529 account set up to save money for our son's college education. Is this reportable? "comments" section indicating that the business entity is not a reportable investment. The note would be for informational purposes only; it is not a requirement. Q. I am the sole owner of my business. Where do I disclose my income - on Schedule A -2 or Schedule C? A. Sources of income to a business in which you have an ownership interest of 10% or greater are disclosed on Schedule A -2. See Reference Pamphlet, page 8, for the definition of "business entity." A. If the Section 529 account contains reportable interests (e.g., common stock valued at $2,000 or more), those interests are reportable (not the actual Section 529 account). If the account contains solely mutual funds, A. then nothing is reported. Income Disclosure Q. I reported a business entity on Schedule A -2. Clients of my business are located in several states. Must I report all clients from whom my pro rata share of income is $10,000 or more on Schedule A -2, Part 3? A. No, only the clients doing business on a regular basis in your jurisdiction must be disclosed. Q. I believe I am not required to disclose the names of clients from whom my pro rata share of income is $10,000 or more on Schedule A -2 because of their right to privacy. Is there an exception for reporting clients' names? A. Regulation 18740 provides a procedure for requesting an exemption to allow a client's name not to be disclosed if disclosure of the name would violate a legally recognized privilege under California law. This regulation may be obtained from our website at www.fppc.ca.gov. See Reference Pamphlet, page 14. Q. I am sole owner of a private law practice that is not reportable based on my limited disclosure category. However, some of the sources of income to my law practice are from reportable sources. Do I have to disclose this income? A. Yes, even though the law practice is not reportable, reportable sources of income to the law practice of $10,000 or more must be disclosed. This information would be disclosed on Schedule C with a note in the My husband is a partner in a four - person firm where all of his business is based on his own billings and collections from various clients. How do I report my community property interest in this business and the income generated in this manner? If your husband's investment in the firm is 10% or greater, disclose 100% of his share of the business on Schedule A -2, Part 1 and 50% of his income on Schedule A -2, Parts 2 and 3. For example, a client of your husband's must be a source of at least $20,000 during the reporting period before her name is reported. Q. How do I disclose my spouse's or registered domestic partner's salary? A. Report the name of the employer as a source of income on Schedule C. Q. I am a doctor. For purposes of reporting $10,000 sources of income on Schedule A -2, Part 3, are the patients or their insurance carriers considered sources of income? A. If your patients exercise sufficient control by selecting you instead of other doctors, then your patients, rather than their insurance carriers, are sources of income to you. See Reference Pamphlet, page 14, for additional information. Q. I received a loan from my grandfather to purchase my home. Is this loan reportable? A. No. Loans received from family members are not reportable. FPPC Form 700(2013/2014) FPPC Advice Email: advice @fppc.ca.gov FPPC Toll -Free Helpline: 866/275 -3772 www.fppc.ca.gov Instructions — 5 5120115 CC A EN A PACKET PAGE 217 Questions and Answers Continued Q. I am running for re- election to city council and made a personal loan to my campaign committee. Is this reportable on my Form 700? A. No, the loan is not reportable on Form 700; however, loan repayments from a campaign committee are reported on Schedule C as income. Q. Many years ago, I loaned my parents several thousand dollars, which they paid back this year. Do I need to report this loan repayment on my Form 700? A. No. Payments received on a loan made to a family member are not reportable. Real Property Disclosure Q. During this reporting period we switched our principal place of residence into a rental. I have full disclosure and the property is located in my agency's jurisdiction, so it is now reportable. Because I have not reported this property before, do I need to show an "acquired" date? A. Yes, each spouse may make a gift valued at the gift limit during a calendar year. For example, during 2013 the gift limit was $440, so the Bensons may have given the supervisor artwork valued at no more than $880. The supervisor must identify Joe and Mary Benson as the sources of the gift. Q. I am a Form 700 filer with full disclosure. Our agency holds a holiday raffle to raise funds for a local charity. I bought $10 worth of raffle tickets and won a gift basket valued at $120. The gift basket was donated by Doug Brewer, a citizen in our city. At the same event, I bought raffle tickets for, and won a quilt valued at $70. The quilt was donated by a coworker. Are these reportable gifts? A. Because the gift basket was donated by an outside source (not an agency employee), you have received a reportable gift valued at $110 (the value of the basket less the consideration paid). The source of the gift is Doug Brewer and the agency is disclosed as the intermediary. Because the quilt was donated by an employee of your agency, it is not a reportable gift. A. No, you are not required to show an "acquired" date because you previously owned the property. However, you may want to note in the "comments" section that Q the property was not previously reported because it was used exclusively as your residence. This would be for informational purposes only; it is not a requirement. Q. My daughter is buying her first home and I am the co- signer on the loan. I won't occupy the home, but my daughter will. The home is located in my agency's A jurisdiction. Must I report this property? A. No. Property occupied by a family member is not reportable as long as you are not receiving rental income or using the property for business purposes. Gift Disclosure Q. If I received a gift of two tickets to a concert valued at $100 each, but gave the tickets to a friend because I could not attend the concert, do I have any reporting obligations? My agency is responsible for disbursing grants. An applicant (501(c)(3) organization) met with agency employees to present its application. At this meeting, the applicant provided food and beverages. Would the food and beverages be considered gifts to the employees? These employees are designated in our agency's conflict of interest code and the applicant is a reportable source of income under the code. Yes. If the value of the food and beverages consumed by any one filer, plus any other gifts received from the same source during the reporting period total $50 or more, the food and beverages would be reported using the fair market value and would be subject to the gift limit. Q. I received free admission to an educational conference related to my official duties. Part of the conference fees included a round of golf. Is the value of the golf considered informational material? and exercised A. No. The value of personal benefits, such as golf, A. Yes. Since you accepted the gift attendance at a concert, or sporting event, are gifts discretion and control of the use of the tickets, you must subject to reporting and limits. disclose the gift on Schedule D. Q. Mary and Joe Benson, a married couple, want to give a piece of artwork to a county supervisor. Is each spouse considered a separate source for purposes of the gift limit and disclosure? FPPC Form 700(2013/2014) FPPC Advice Email: advice @fppc.ca.gov FPPC Toll -Free Helpline: 866/275 -3772 www.fppc.ca.gov Instructions — 6 5120115 CC A GENDA PACKET PA GE 218 Instructions — Schedules A -1 and A -2 Investments "Investment" means a financial interest in any business entity (including a consulting business or other independent contracting business) that is located in, doing business in, planning to do business in, or that has done business during the previous two years in your agency's jurisdiction in which you, your spouse or registered domestic partner, or your dependent children had a direct, indirect, or beneficial interest totaling $2,000 or more at any time during the reporting period. See Reference Pamphlet, page 13. Reportable investments include: • Stocks, bonds, warrants, and options, including those held in margin or brokerage accounts and managed investment funds (See Reference Pamphlet, page 13.) • Sole proprietorships • Your own business or your spouse's or registered domestic partner's business (See Reference Pamphlet, page 8, for the definition of "business entity. ") • Your spouse's or registered domestic partner's investments that are legally separate property • Partnerships (e.g., a law firm or family farm) • Investments in reportable business entities held in a retirement account (See Reference Pamphlet, page 15.) • If you, your spouse or registered domestic partner, and dependent children together had a 10% or greater ownership interest in a business entity or trust (including a living trust), you must disclose investments held by the business entity or trust. See Reference Pamphlet, page 15, for more information on disclosing trusts. • Business trusts You are not required to disclose: • Insurance policies, government bonds, diversified mutual funds, certain funds similar to diversified mutual funds (such as exchange traded funds) and investments held in certain retirement accounts. See Reference Pamphlet, page 12, for detailed information. (Regulation 18237) • Bank accounts, savings accounts, money market accounts and certificates of deposits • Insurance policies • Annuities • Commodities • Shares in a credit union • Government bonds (including municipal bonds) • Retirement accounts invested in non - reportable interests (e.g., insurance policies, mutual funds, or government bonds) (See Reference Pamphlet, page 15.) Reminders • Do you know your agency's jurisdiction? • Did you hold investments at any time during the period covered by this statement? • Code filers — your disclosure categories may only require disclosure of specific investments. • Government defined - benefit pension plans (such as CalPERS and CaISTRS plans) • Certain interests held in a blind trust (See Reference Pamphlet, page 16.) Use Schedule A -1 to report ownership of less than 10% (e.g., stock). Schedule C (Income) may also be required if the investment is not a stock or corporate bond. See second example below. Use Schedule A -2 to report ownership of 10% or greater (e.g., a sole proprietorship). To Complete Schedule A -1: Do not attach brokerage or financial statements. • Disclose the name of the business entity. • Provide a general description of the business activity of the entity (e.g., pharmaceuticals, computers, automobile manufacturing, or communications). • Check the box indicating the highest fair market value of your investment during the reporting period. If you are filing a candidate or an assuming office statement, indicate the fair market value on the filing date or the date you took office, respectively. • Identify the nature of your investment (e.g., stocks, warrants, options, or bonds). • An acquired or disposed of date is only required if you initially acquired or entirely disposed of the investment interest during the reporting period. The date of a stock dividend reinvestment or partial disposal is not required. Generally, these dates will not apply if you are filing a candidate or an assuming office statement. Examples: John Smith holds a state agency position. His conflict of interest code requires full disclosure of investments. John must disclose his stock holdings of $2,000 or more in any company that does business in California, as well as those stocks held by his spouse or registered domestic partner and dependent children. Susan Jones is a city council member. She has a 4% interest, worth $5,000, in a limited partnership located in the city. Susan must disclose the partnership on Schedule A -1 and income of $500 or more received from the partnership on Schedule C. FPPC Form 700(2013/2014) FPPC Advice Email: advice @fppc.ca.gov FPPC Toll -Free Helpline: 866/275 -3772 www.fppc.ca.gov Instructions — 7 5120115 CC A EN A PACKET PAGE 219 SCHEDULE A -1 Investments Stocks, Bonds, and Other Interests (Ownership Interest is Less Than 10 %) Do not attach brokerage or financial statements. ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE $2,000 - $10,000 F-1 $10,001 - $100,000 El $100,001 - $1,000,000 F-1 Over $1,000,000 NATURE OF INVESTMENT Stock F1 Other (Describe) Partnership Q Income Received of $0 - $499 Q Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: � / 13 13 ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE $2,000 - $10,000 F-1 $10,001 - $100,000 El $100,001 - $1,000,000 F-1 Over $1,000,000 NATURE OF INVESTMENT Stock F1 Other (Describe) Partnership Q Income Received of $0 - $499 Q Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: � / 13 13 ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE $2,000 - $10,000 F-1 $10,001 - $100,000 El $100,001 - $1,000,000 F-1 Over $1,000,000 NATURE OF INVESTMENT Stock F1 Other (Describe) Partnership Q Income Received of $0 - $499 Q Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: � / 13 13 ACQUIRED DISPOSED Comments: Name ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE $2,000 - $10,000 $10,001 - $100,000 $100,001 - $1,000,000 Over $1,000,000 NATURE OF INVESTMENT Stock Other (Describe) Partnership Q Income Received of $0 - $499 Q Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: � / 13 13 ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE $2,000 - $10,000 $10,001 - $100,000 $100,001 - $1,000,000 Over $1,000,000 NATURE OF INVESTMENT Stock Other (Describe) Partnership Q Income Received of $0 - $499 Q Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: � / 13 13 ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE $2,000 - $10,000 $10,001 - $100,000 $100,001 - $1,000,000 E] Over $1,000,000 NATURE OF INVESTMENT E] Stock E] Other (Describe) Partnership Q Income Received of $0 - $499 Q Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: � / 13 13 ACQUIRED DISPOSED FPPC Form 700(2013/2014) FPPC Advice Email: advice @fppc.ca.gov FDDr T-1111-r— CC AGENDA PACKET PAGE W.Wi— 299/77S_2777 Ai fnnr r. a 0 Instructions — Schedule A -2 Investments, Income, and Assets of Business Entities/Trusts Use Schedule A -2 to report investments in a business entity (including a consulting business or other independent contracting business) or trust (including a living trust) in which you, your spouse or registered domestic partner, and your dependent children together had a 10% or greater interest, totaling $2,000 or more, during the reporting period and which is located in, doing business in, planning to do business in, or which has done business during the previous two years in your agency's jurisdiction. See Reference Pamphlet, page 13. A trust located outside your agency's jurisdiction is reportable if it holds assets that are located in or doing business in the jurisdiction. Do not report a trust that contains non - reportable interests. For example, a trust containing only your personal residence not used in whole or in part as a business, your savings account, and some municipal bonds, is not reportable. Also report on Schedule A -2 investments and real property held by that entity or trust if your pro rata share of the investment or real property interest was $2,000 or more during the reporting period. To Complete Schedule A -2: Part 1. Disclose the name and address of the business entity or trust. If you are reporting an interest in a business entity, check "Business Entity" and complete the box as follows: • Provide a general description of the business activity of the entity. • Check the box indicating the highest fair market value of your investment during the reporting period. • If you initially acquired or entirely disposed of this interest during the reporting period, enter the date acquired or disposed. • Identify the nature of your investment. Disclose the job title or business position you held with the entity, if any (i.e., if you were a director, officer, partner, trustee, employee, or held any position of management). A business position held by your spouse is not reportable. Part 2. Check the box indicating your pro rata share of the gross income received by the business entity or trust. This amount includes your pro rata share of the gross income from the business entity or trust, as well as your community property interest in your spouse's or registered domestic partner's share. Gross income is the total amount of income before deducting expenses, losses, or taxes. Part 3. Disclose the name of each source of income that is located in, doing business in, planning to do business in, or that has done business during the previous two years in your agency's jurisdiction, as follows: Disclose each source of income and outstanding loan to the business entity or trust identified in Part 1 if your pro rata share of the gross income (including your community property interest in your spouse's or registered domestic partner's share) to the business entity or trust from that source was $10,000 or more during the reporting period. See Reference Pamphlet, page 11, for examples. Income from governmental sources may be reportable if not considered salary. See Regulation 18232. Loans from commercial lending institutions made in the lender's regular course of business on terms available to members of the public without regard to your official status are not reportable. • Disclose each individual or entity that was a source of commission income of $10,000 or more during the reporting period through the business entity identified in Part 1. See Reference Pamphlet, page 8, for an explanation of commission income. You may be required to disclose sources of income located outside your jurisdiction. For example, you may have a client who resides outside your jurisdiction who does business on a regular basis with you. Such a client, if a reportable source of $10,000 or more, must be disclosed. Mark "None" if you do not have any reportable $10,000 sources of income to disclose. Using phrases such as "various clients" or "not disclosing sources pursuant to attorney - client privilege" may trigger a request for an amendment to your statement. See Reference Pamphlet, page 14, for details about requesting an exemption from disclosing privileged information. Part 4. Report any investments or interests in real property held or leased by the entity or trust identified in Part 1 if your pro rata share of the interest held was $2,000 or more during the reporting period. Attach additional schedules or use FPPC's Form 700 Excel spreadsheet if needed. • Check the applicable box identifying the interest held as real property or an investment. • If investment, provide the name and description of the business entity. • If real property, report the precise location (e.g., an assessor's parcel number or address). • Check the box indicating the highest fair market value of your interest in the real property or investment during the reporting period. (Report the fair market value of the portion of your residence claimed as a tax deduction if you are utilizing your residence for business purposes.) • Identify the nature of your interest. • Enter the date acquired or disposed only if you initially acquired or entirely disposed of your interest in the property or investment during the reporting period. FPPC Form 700(2013/2014) FPPC Advice Email: advice @fppc.ca.gov FPPC Toll -Free Helpline: 866/275 -3772 www.fppc.ca.gov Instructions — 9 5120115 CC A EN A PACKET PAGE 221 SCHEDULE A -2 CALIFORNIA FORm Investments, Income, and Assets FAIR POLITICAL PRACTICES COMMISSION of Business Entities /Trusts Name (Ownership Interest is 10% or Greater) Name Address (Business Address Acceptable) Check one ❑ Trust, go to 2 ❑ Business Entity, complete the box, then go to 2 GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ $0 - $1,999 ❑ $2,000 - $10,000 ❑ $10,001 - $100,000 ❑ $100,001 - $1,000,000 ❑ Over $1,000,000 YOUR BUSINESS POSITION IF APPLICABLE, LIST DATE: / 13 _ /_/ 13 ACQUIRED DISPOSED ❑ $0 - $499 ❑ $10,001 - $100,000 ❑ $500 - $1,000 ❑ OVER $100,000 ❑ $1,001 - $10,000 ❑ None 10- 4. INVESTMENTS AND INTERESTS IN REAL PROPERTY HELD OR LEASED BY THE BUSINESS ENTITY OR Check one box: ❑ INVESTMENT ❑ REAL PROPERTY Name of Business Entity, if Investment, or Assessor's Parcel Number or Street Address of Real Property Description of Business Activity or City or Other Precise Location of Real Property FAIR MARKET VALUE IF APPLICABLE, LIST DATE: ❑ $2,000 - $10,000 ❑ $10,001 - $100,000 ❑ $100,001 - $1,000,000 ACQUIRED DISPOSED ❑ Over $1,000,000 NATURE OF INTEREST ❑ Property Ownership /Deed of Trust ❑ Stock ❑ Partnership ❑ Leasehold ❑ Other Yrs. remaining ❑ Check box if additional schedules reporting investments or real property are attached Comments: Name Address (Business Address Acceptable) Check one ❑ Trust, go to 2 ❑ Business Entity, complete the box, then go to 2 GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE IF APPLICABLE, LIST DATE: ❑ $0 - $1,999 ❑ $2,000 - $10,000 13 /13 ❑ $10,001 - $100,000 ACQUIRED DISPOSED ❑ $100,001 - $1,000,000 ❑ Over $1,000,000 NATURE OF INVESTMENT 1E] Partnership ❑ Sole Proprietorship ❑ Other YOUR BUSINESS POSITION ❑ $0 - $499 ❑ $10,001 - $100,000 ❑ $500 - $1,000 ❑ OVER $100,000 ❑ $1,001 - $10,000 None 4. INVESTMENTS AND INTERESTS IN REAL PROPERTY HELD OR LEASED BY THE BUSINESS ENTITY OR Check one box: ❑ INVESTMENT ❑ REAL PROPERTY Name of Business Entity, if Investment, or Assessor's Parcel Number or Street Address of Real Property Description of Business Activity or City or Other Precise Location of Real Property FAIR MARKET VALUE IF APPLICABLE, LIST DATE: ❑ $2,000 - $10,000 ❑ $10,001 - $100,000 ❑ $100,001 - $1,000,000 ACQUIRED DISPOSED ❑ Over $1,000,000 NATURE OF INTEREST ❑ Property Ownership /Deed of Trust ❑ Stock ❑ Partnership ❑ Leasehold ❑ Other Yrs. remaining ❑ Check box if additional schedules reporting investments or real property are attached FPPC Form 700 (2013/2014) Sch. A -2 FPPC Advice Email: advice @fppc.ca.gov FPPC Toll -Free Helpline: 866/275 -3772 www.fppc.ca.gov 5120115 CC A EN A PACKET PAGE 222 Instructions — Schedule B Interests in Real Property Report interests in real property located in your agency's jurisdiction in which you, your spouse or registered domestic partner, or your dependent children had a direct, indirect, or beneficial interest totaling $2,000 or more any time during the reporting period. See Reference Pamphlet, page 13. Interests in real property include: • An ownership interest (including a beneficial ownership interest) • A deed of trust, easement, or option to acquire property • A leasehold interest (See Reference Pamphlet, page 14.) • A mining lease • An interest in real property held in a retirement account (See Reference Pamphlet, page 15.) • An interest in real property held by a business entity or trust in which you, your spouse or registered domestic partner, and your dependent children together had a 10% or greater ownership interest (Report on Schedule A -2.) • Your spouse's or registered domestic partner's interests in real property that are legally held separately by him or her You are not required to report: • A residence, such as a home or vacation cabin, used exclusively as a personal residence (However, a residence in which you rent out a room or for which you claim a business deduction may be reportable. If reportable, report the fair market value of the portion claimed as a tax deduction.) Please note: A non - reportable residence can still be grounds for a conflict of interest and may be disqualifying. • Interests in real property held through a blind trust (See Reference Pamphlet, page 16, for exceptions.) To Complete Schedule B: • Report the precise location (e.g., an assessor's parcel number or address) of the real property. • Check the box indicating the fair market value of your interest in the property (regardless of what you owe on the property). • Enter the date acquired or disposed only if you initially acquired or entirely disposed of your interest in the property during the reporting period. • Identify the nature of your interest. If it is a leasehold, disclose the number of years remaining on the lease. • If you received rental income, check the box indicating the gross amount you received. • If you had a 10% or greater interest in real property and received rental income, list the name of the source(s) if your pro rata share of the gross income from any single Reminders • Income and loans already reported on Schedule B are not also required to be reported on Schedule C. • Real property already reported on Schedule A -2, Part 4 are not also required to be reported on Schedule B. • Code filers — do your disclosure categories require disclosure of real property? tenant was $10,000 or more during the reporting period. If you received a total of $10,000 or more from two or more tenants acting in concert (in most cases, this will apply to married couples), disclose the name of each tenant. Otherwise, mark "None." • Loans from a private lender that total $500 or more and are secured by real property may be reportable. Loans from commercial lending institutions made in the lender's regular course of business on terms available to members of the public without regard to your official status are not reportable. When reporting a loan: - Provide the name and address of the lender. - Describe the lender's business activity. - Disclose the interest rate and term of the loan. For variable interest rate loans, disclose the conditions of the loan (e.g., Prime + 2) or the average interest rate paid during the reporting period. The term of a loan is the total number of months or years given for repayment of the loan at the time the loan was established. - Check the box indicating the highest balance of the loan during the reporting period. - Identify a guarantor, if applicable. If you have more than one reportable loan on a single piece of real property, report the additional loan(s) on Schedule C. Example: Joe Nelson is a city planning commissioner. Joe received rental income of $12,000 during the reporting period from a single tenant who rented property Joe owned in the city's jurisdiction. If Joe had received the $12,000 from two or more tenants, the tenants' names would not be required as long as no single tenant paid $10,000 or more. A married couple would be considered a single tenant. I ASSESSORS 4600 24thAStreet McER OR STREET ADDRESS CITY Henry Wells o $z MARK $,o popE IE APPLIGADLE, LIST DATE ❑ $,a,ao, - $,aa,00a �� �a � (�a o $,ao Da, - $1 Rao aaa AGGDIRED DIGPDGED ❑D er$I po — ;TD 0 O nersftlp /Deed ASITTI.. ❑ E cement ❑ Fea=enola ❑ ❑ $S $<aoRDPEEl $ $, I,- Ro $1 oo, $,o 0oo o$,oao, -$,0 ❑ OVER $,o E. If you own a 10% or greater n[ereslE list NeEneme of each tenant Net is a single source of 7e m of $10 aoo or ore. �Na Henry Wells NAME OF LENDER' Sophia Petroillo ADDRESS (BU, —, Atltlress AcaepD-) 2121 Blue Sky Parkway, Sacramento BUSINESS ACTIVITY SENDER Restaurant Owner INTEREST RATE TERM (M.—IS—) 8 ro ❑None 15 Years 0 $ 00T BALANCE DuRIN 0 $, Oo, $ Ooo D o$,oao, $wo,0 ❑ OVER $,00000 ❑ G grantor, if appllca�le FPPC Form 700(2013/2014) FPPC Advice Email: advice @fppc.ca.gov FPPC Toll -Free Helpline: 866/275 -3772 www.fppc.ca.gov Instructions —11 5120115 CC A EN A PACKET PAGE 223 Is SCHEDULE B Interests in Real Property (Including Rental Income) ASSESSOR'S PARCEL NUMBER OR STREET ADDRESS CITY FAIR MARKET VALUE IF APPLICABLE, LIST DATE: ❑ $2,000 - $10,000 ❑ $10,001 - $100,000 ❑ $100,001 - $1,000,000 ACQUIRED DISPOSED ❑ Over $1,000,000 NATURE OF INTEREST ❑ Ownership /Deed of Trust ❑ Easement ❑ Leasehold ❑ Yrs. remaining Other IF RENTAL PROPERTY, GROSS INCOME RECEIVED ❑ $0 - $499 ❑ $500 - $1,000 ❑ $1,001 - $10,000 ❑ $10,001 - $100,000 ❑ OVER $100,000 SOURCES OF RENTAL INCOME: If you own a 10% or greater interest, list the name of each tenant that is a single source of income of $10,000 or more. ❑ None Name ► ASSESSOR'S PARCEL NUMBER OR STREET ADDRESS CITY FAIR MARKET VALUE IF APPLICABLE, LIST DATE: ❑ $2,000 - $10,000 ❑ $10,001 - $100,000 13 --j--j-L3- ❑ $100,001 - $1,000,000 ACQUIRED DISPOSED ❑ Over $1,000,000 NATURE OF INTEREST ❑ Ownership /Deed of Trust ❑ Easement ❑ Leasehold ❑ Yrs. remaining Other IF RENTAL PROPERTY, GROSS INCOME RECEIVED ❑ $0 - $499 ❑ $500 - $1,000 ❑ $1,001 - $10,000 ❑ $10,001 - $100,000 ❑ OVER $100,000 SOURCES OF RENTAL INCOME: If you own a 10% or greater interest, list the name of each tenant that is a single source of income of $10,000 or more. ❑ None * You are not required to report loans from commercial lending institutions made in the lender's regular course of business on terms available to members of the public without regard to your official status. Personal loans and loans received not in a lender's regular course of business must be disclosed as follows: NAME OF LENDER* ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY. IF ANY. OF LENDER INTEREST RATE TERM (Months /Years) % ❑ None HIGHEST BALANCE DURING REPORTING PERIOD ❑ $500 - $1,000 ❑ $1,001 - $10,000 ❑ $10,001 - $100,000 ❑ OVER $100,000 ❑ Guarantor, if applicable Comments: NAME OF LENDER* ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY. IF ANY. OF LENDER INTEREST RATE TERM (Months/Years) % ❑ None HIGHEST BALANCE DURING REPORTING PERIOD ❑ $500 - $1,000 ❑ $1,001 - $10,000 ❑ $10,001 - $100,000 ❑ OVER $100,000 ❑ Guarantor, if applicable FPPC Form 700 (2013/2014) Sch. B FPPC Advice Email: advice @fppc.ca.gov F5120115 CC A EN A PACKET PAGE 224 Instructions — Schedule C Income, Loans, & Business Positions (Income Other Than Gifts and Travel Payments) Reporting Income: Report the source and amount of gross income of $500 or more you received during the reporting period. Gross income is the total amount of income before deducting expenses, losses, or taxes and includes loans other than loans from a commercial lending institution. See Reference Pamphlet, page 11. You must also report the source of income to your spouse or registered domestic partner if your community property share was $500 or more during the reporting period. A source of income must be reported only if the source is located in, doing business in, planning to do business in, or has done business during the previous two years in your agency's jurisdiction. See Reference Pamphlet, page 13, for more information about doing business in the jurisdiction Reportable sources of income may be further limited by your disclosure category located in your agency's conflict of interest code. Reporting Business Positions: You must report your job title with each reportable business entity even if you received no income during the reporting period. Use the comments section to indicate that no income was received. Commonly reportable income and loans include: • Salary /wages, per diem, and reimbursement for expenses including travel payments provided by your employer • Community property interest (50 %) in your spouse's or registered domestic partner's income - report the employer's name and all other required information • Income from investment interests, such as partnerships, reported on Schedule A -1 • Commission income not required to be reported on Schedule A -2 (See Reference Pamphlet, page 8.) • Gross income from any sale, including the sale of a house or car (Report your pro rata share of the total sale price.) • Rental income not required to be reported on Schedule B • Prizes or awards not disclosed as gifts • Payments received on loans you made to others, including loan repayments from a campaign committee (including a candidate's own campaign committee) • An honorarium received prior to becoming a public official (See Reference Pamphlet, page 10, concerning your ability to receive future honoraria.) • Incentive compensation (See Reference Pamphlet, page 12.) Reminders • Code filers — your disclosure categories may not require disclosure of all sources of income. • If you or your spouse or registered domestic partner are self - employed, report the business entity on Schedule A -2. • Do not disclose on Schedule C income, loans, or business positions already reported on Schedules A -2 or B. You are not required to report: • Salary, reimbursement for expenses or per diem, or social security, disability, or other similar benefit payments received by you or your spouse or registered domestic partner from a federal, state, or local government agency. • Stock dividends and income from the sale of stock unless the source can be identified. • Income from a PIERS retirement account. See Reference Pamphlet, page 11, for more exceptions to income reporting. To Complete Schedule C: Part 1. Income Received /Business Position Disclosure • Disclose the name and address of each source of income or each business entity with which you held a business position. • Provide a general description of the business activity if the source is a business entity. • Check the box indicating the amount of gross income received. • Identify the consideration for which the income was received. • For income from commission sales, check the box indicating the gross income received and list the name of each source of commission income of $10,000 or more. See Reference Pamphlet, page 8. Note: If you receive commission income on a regular basis or have an ownership interest of 10% or more, you must disclose the business entity and the income on Schedule A -2. • Disclose the job title or business position, if any, that you held with the business entity, even if you did not receive income during the reporting period. Part 2. Loans Received or Outstanding During the Reporting Period • Provide the name and address of the lender. • Provide a general description of the business activity if the lender is a business entity. • Check the box indicating the highest balance of the loan during the reporting period. • Disclose the interest rate and the term of the loan. - For variable interest rate loans, disclose the conditions of the loan (e.g., Prime + 2) or the average interest rate paid during the reporting period. - The term of the loan is the total number of months or years given for repayment of the loan at the time the loan was entered into. • Identify the security, if any, for the loan. FPPC Form 700(2013/2014) FPPC Advice Email: advice @fppc.ca.gov FPPC Toll -Free Helpline: 866/275 -3772 www.fppc.ca.gov Instructions —13 5120115 CC A EN A PACKET PAGE 22.E SCHEDULE C Income, Loans, & Business Positions (Other than Gifts and Travel Payments) NAME OF SOURCE OF INCOME ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY. IF ANY OF SOURCE YOUR BUSINESS POSITION GROSS INCOME RECEIVED ❑ $500 - $1,000 ❑ $1,001 - $10,000 ❑ $10,001 - $100,000 ❑ OVER $100,000 CONSIDERATION FOR WHICH INCOME WAS RECEIVED ❑ Salary ❑ Spouse's or registered domestic partner's income ❑ Loan repayment ❑ Partnership ❑ Sale of (Real property, car, boat, etc.) ❑ Commission or ❑ Rental Income, list each source of $10,000 or more ❑ Other (Describe) Name NAME OF SOURCE OF INCOME ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY. IF ANY OF SOURCE YOUR BUSINESS POSITION GROSS INCOME RECEIVED ❑ $500 - $1,000 ❑ $1,001 - $10,000 ❑ $10,001 - $100,000 ❑ OVER $100,000 CONSIDERATION FOR WHICH INCOME WAS RECEIVED ❑ Salary ❑ Spouse's or registered domestic partner's income ❑ Loan repayment ❑ Partnership ❑ Sale of (Real property, car, boat, etc.) ❑ Commission or ❑ Rental Income, list each source of $10,000 or more ❑ Other (Describe) * You are not required to report loans from commercial lending institutions, or any indebtedness created as part of a retail installment or credit card transaction, made in the lender's regular course of business on terms available to members of the public without regard to your official status. Personal loans and loans received not in a lender's regular course of business must be disclosed as follows: NAME OF LENDER* INTEREST RATE TERM (Months /Years) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY. IF ANY. OF LENDER HIGHEST BALANCE DURING REPORTING PERIOD ❑ $500 - $1,000 ❑ $1,001 - $10,000 ❑ $10,001 - $100,000 ❑ OVER $100,000 Comments: % ❑ None SECURITY FOR LOAN ❑ None ❑ Personal residence ❑ Real Property Street address ❑ Guarantor ❑ Other city (Describe) FPPC Form 700 (2013/2014) Sch. C FPPC Advice Email: advice @fppc.ca.gov FPPC Toll -Free Heloline: 866/275 -3772 www.fooc.ca.eov 5120115 CC A EN A PACKET PAGE 226 Instructions — Schedule D Income — Gifts A gift is anything of value for which you have not provided equal or greater consideration to the donor. A gift is reportable if its fair market value is $50 or more. In addition, multiple gifts totaling $50 or more received during the reporting period from a single source must be reported. It is the acceptance of a gift, not the ultimate use to which it is put, that imposes your reporting obligation. Except as noted below, you must report a gift even if you never used it or if you gave it away to another person. If the exact amount of a gift is unknown, you must make a good faith estimate of the item's fair market value. Listing the value of a gift as "over $50" or "value unknown" is not adequate disclosure. In addition, if you received a gift through an intermediary, you must disclose the name, address, and business activity of both the donor and the intermediary. You may indicate an intermediary either in the "source" field after the name or in the "comments" section at the bottom of Schedule D. Commonly reportable gifts include: • Tickets /passes to sporting or entertainment events • Tickets /passes to amusement parks • Parking passes not used for official agency business • Food, beverages, and accommodations, including those provided in direct connection with your attendance at a convention, conference, meeting, social event, meal, or like gathering • Rebates /discounts not made in the regular course of business to members of the public without regard to official status • Wedding gifts (See Reference Pamphlet, page 16) • An honorarium received prior to assuming office (You may report an honorarium as income on Schedule C, rather than as a gift on Schedule D, if you provided services of equal or greater value than the payment received. See Reference Pamphlet, page 10, regarding your ability to receive future honoraria.) • Transportation and lodging (See Schedule E.) • Forgiveness of a loan received by you You are not required to disclose: • Gifts that were not used and that, within 30 days after receipt, were returned to the donor or delivered to a charitable organization or government agency without being claimed by you as a charitable contribution for tax purposes Reminders • Gifts from a single source are subject to a $440 limit during 2013. See Reference Pamphlet, page 10. • Code filers — you only need to report gifts from reportable sources. • Gifts from your spouse or registered domestic partner, child, parent, grandparent, grandchild, brother, sister, and certain other famly members (See Regulation 18942 for a complete list.). The exception does not apply if the donor was acting as an agent or intermediary for a reportable source who was the true donor. • Gifts of similar value exchanged between you and an individual, other than a lobbyist, on holidays, birthdays, or similar occasions • Gifts of informational material provided to assist you in the performance of your official duties (e.g., books, pamphlets, reports, calendars, periodicals, or educational seminars) • A monetary bequest or inheritance (However, inherited investments or real property may be reportable on other schedules.) • Personalized plaques or trophies with an individual value of less than $250 • Campaign contributions • Up to two tickets, for your own use, to attend a fundraiser for a campaign committee or candidate, or to a fundraiser for an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. The ticket must be received from the organization or committee holding the fundraiser. • Gifts given to members of your immediate family if the source has an established relationship with the family member and there is no evidence to suggest the donor had a purpose to influence you. (See Regulation 18943.) • During 2013, the cost of food, beverages, and necessary accommodations provided directly in connection with an event at which you gave a speech, participated in a panel or seminar, or provided a similar service but only if the cost is paid for by a federal, state, or local government agency. This exception does not apply to a state or local elected officer, as defined in Section 82020, or an official specified in Section 87200. • Any other payment not identified above, that would otherwise meet the definition of gift, where the payment is made by an individual who is not a lobbyist registered to lobby the official's agency, where it is clear that the gift was made because of an existing personal or business relationship unrelated to the official's position and there is no evidence whatsoever at the time the gift is made to suggest the donor had a purpose to influence you. To Complete Schedule D: • Disclose the full name (not an acronym), address, and, if a business entity, the business activity of the source. • Provide the date (month, day, and year) of receipt, and disclose the fair market value and description of the gift. FPPC Form 700(2013/2014) FPPC Advice Email: advice @fppc.ca.gov FPPC Toll -Free Helpline: 866/275 -3772 www.fppc.ca.gov Instructions —15 5120115 CC A EN A PACKET PAGE 227 SCHEDULE D Income — Gifts ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm /dd /yy) VALUE DESCRIPTION OF GIFT(S) / $ / $ / $ ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm /dd /yy) VALUE DESCRIPTION OF GIFT(S) -/- $ -/- $ -/- $ ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm /dd /yy) VALUE DESCRIPTION OF GIFT(S) / $ / $ / $ Comments: Name ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm /dd /yy) VALUE DESCRIPTION OF GIFT(S) ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm /dd /yy) VALUE DESCRIPTION OF GIFT(S) -/- $ -/- $ ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm /dd /yy) VALUE DESCRIPTION OF GIFT(S) FPPC Form 700 (2013/2014) Sch. D FPPC Advice Email: advice @fppc.ca.gov FPPC Toll -Free Helpline: 866/275 -3772 www.fppc.ca.eov 5120115 CC A EN A PACKET PAGE 228 Instructions — Schedule E Travel Payments, Advances, and Reimbursements Travel payments reportable on Schedule E include advances and reimbursements for travel and related expenses, including lodging and meals. Gifts of travel may be subject to the gift limit. In addition, certain travel payments are reportable gifts, but are not subject to the gift limit. To avoid possible misinterpretation or the perception that you have received a gift in excess of the gift limit, you may wish to provide a specific description of the purpose of your travel. See the FPPC fact sheet entitled "Limitations and Restrictions on Gifts, Honoraria, Travel, and Loans" at www.fppc.ca.gov. You are not required to disclose: • Travel payments received from any state, local, or federal government agency for which you provided services equal or greater in value than the payments received • Travel payments received from your employer in the normal course of your employment that are included in the income reported on Schedule C • During 2013, payments for admission to an event at which you make a speech, participate on a panel, or make a substantive formal presentation, transportation, and necessary lodging, food, or beverages, and nominal non - cash benefits provided to you in connection with the event so long as both the following apply: - The speech is for official agency business and you are representing your government agency in the course and scope of your official duties. - The payment is a lawful expenditure made only by a federal, state, or local government agency for purposes related to conducting that agency's official business. The above exception does not apply to a state or local elected officer, as defined in Section 82020, or an official specified in Section 87200. Note: Effective January, 2014, certain travel payments may not be reportable if reported on Form 801 by your agency. A travel payment that was received from a non - profit entity exempt from taxation under Internal Revenue Code Section 501(c)(3) for which you provided equal or greater consideration To Complete Schedule E: • Disclose the full name (not an acronym) and address of the source of the travel payment. • Identify the business activity if the source is a business entity. • Check the box to identify the payment as a gift or income, report the amount, and disclose the date(s). - Travel payments are gifts if you did not provide services that were equal to or greater in value than the payments received. You must disclose gifts totaling $50 or more from a single source during the period covered by the statement. When reporting travel payments that are gifts, you must provide a description of the gift and the date(s) received. - Travel payments are income if you provided services that were equal to or greater in value than the payments received. You must disclose income totaling $500 or more from a single source during the period covered by the statement. You have the burden of proving the payments are income rather than gifts. When reporting travel payments as income, you must describe the services you provided in exchange for the payment. You are not required to disclose the date(s) for travel payments that are income. Example: City council member Rick Chandler is the chairman of a trade association and the association pays for Rick's travel to attend its meetings. Because Rick is deemed to be providing equal or greater consideration for the travel payment by virtue of serving on the board, this payment may be reported as income. Payments for Rick to attend other events for which Rick is not providing services are likely considered gifts. NAME OF SOURCE Health Services Trade Association ADDRESS (Business Address Acceptable) 1230 K Street, Ste. 610 CITY AND STATE Sacramento, CA BUSINESS ACTIVITY, IF ANY, OF SOURCE El 501 (a)(3) Association of Healthcare Workers DATE(S) AMT s 666.00 „te��,;oee,el TYPE OF PAYMENT: (collet check one) ❑ Gift ® Income DESCRIPTION. Travel reimbursement for board meeting FPPC Form 700(2013/2014) FPPC Advice Email: advice @fppc.ca.gov FPPC Toll -Free Helpline: 866/275 -3772 www.fppc.ca.gov Instructions - 17 5120115 CC A EN A PACKET PAGE 229 SCHEDULE E Income — Gifts Travel Payments, Advances, and Reimbursements Name • Mark either the gift or income box. • Mark the "501(c)(3)" box for a travel payment received from a nonprofit 501(c)(3) organization or the "Speech" box if you made a speech or participated in a panel. These payments are not subject to the $440 gift limit, but may result in a disqualifying conflict of interest. ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE BUSINESS ACTIVITY, IF ANY, OF SOURCE F] 501 (c)(3) DATE(S): AMT: $ (If gift) TYPE OF PAYMENT: (must check one) ❑ Gift Made a Speech /Participated in a Panel Other - Provide Description ❑ Income ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE BUSINESS ACTIVITY, IF ANY, OF SOURCE ❑ 501 (c)(3) DATE(S): AMT: $ (If gift) TYPE OF PAYMENT: (must check one) ❑ Gift Made a Speech /Participated in a Panel Other - Provide Description Income Comments: ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE BUSINESS ACTIVITY, IF ANY, OF SOURCE F] 501 (c)(3) DATE(S): AMT: $ (If gift) TYPE OF PAYMENT: (must check one) ❑ Gift ❑ Made a Speech /Participated in a Panel ❑ Other - Provide Description ❑ Income ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE BUSINESS ACTIVITY, IF ANY, OF SOURCE ❑ 501 (c)(3) DATE(S): - / -/- - - / -/- AMT: $ (If gift) TYPE OF PAYMENT: (must check one) ❑ Gift ❑ Made a Speech /Participated in a Panel ❑ Other - Provide Description Income FPPC Form 700 (2013/2014) Sch. E FPPC Advice Email: advice @fppc.ca.gov FPPC Toll -Free Helpline: 866/275 -3772 www.fppc.ca.gov 5120115 CC A EN A PACKET PAGE 230 City of Bakersfield Proposition 84 Grant Labor Compliance Program Attachment F — Labor Compliance Program Annual Report 5120115 CC A EN A PACKET PAGE 231 City of Bakersfield Proposition 84 Grant Labor Compliance Program This page is intentionally left blank. 5120115 CC A EN A PACKET PAGE 232 \ § 2 \ \ \ / \ \ \ � \ � q b � \ \ / * 2 / \ 0 \ / » / 4 \ 3120173 JJ /SEND/ PACKET / /S3 233 a \ CZ / v 3 § % m o � •j Q 4 � / / \ 5 § _ / f g / '§ ƒ \ / f = ƒ ƒ \ § / \ \ c S f 0 / n a_ / ƒ { z ' 9 05 � ƒ \ 0 3 •� / CIS ƒ % / / n / ƒ \ $ { \ 2 ) n < n ƒ / Q � o a � / \ \ § @ 2 Q e U 2 •• y \ [ 2 G � _ cn % 2 = cn \ 3 _ cn a Q U ƒ } _ \ \ / * 2 / \ 0 \ / » / 4 \ 3120173 JJ /SEND/ PACKET / /S3 233 ff-A i W" 7RA 561 o 5120115 CC AGENDA PACKET PAGE 234 .......... .......... o 5120115 CC AGENDA PACKET PAGE 234 U a O ct 0 W o � d � c� 'C3 N ,..0 N s.. O V U N G V O S-i Q-1 O � U 0 m cn 0 S�. S3, N d- U O V N S-� O CC CC CC 14, w ct 0 c� ,..0 s.. O V U N O � U U 0 W n o_ 0 U W S�. ct O 0 cn M O O M U TS 00 N c CC cn N cpo c cn U V O � S-� Ul h� �Oo Ul h� a 0 cn 0 S�. S3, N d- U O V N S-� O CC CC CC 14, w cl. U W s.. N O O O U O CCl h� O S-� CC �i O V CC S-� Q w O N O x O S-i � O o L. 0 0 ro W d M CQ'J CG W CG G-. L7 CG .-a d ZD z a 5120115 CC A EN A PACKET PAGE 23.E s.. U N U 0 o_ 0 S�. O O O U CC V O S-� cl. U W s.. N O O O U O CCl h� O S-� CC �i O V CC S-� Q w O N O x O S-i � O o L. 0 0 ro W d M CQ'J CG W CG G-. L7 CG .-a d ZD z a 5120115 CC A EN A PACKET PAGE 23.E City of Bakersfield Proposition 84 Grant Labor Compliance Program This page is intentionally left blank. 5120115 CC A EN A PACKET PAGE 236 City of Bakersfield Proposition 84 Grant Labor Compliance Program Attachment G — Audit Record Worksheets 5120115 CC A EN A PACKET PAGE 237 City of Bakersfield Proposition 84 Grant Labor Compliance Program This page is intentionally left blank. 5120115 CC A EN A PACKET PAGE 238 Labor Compliance Program Regulations — Appendix B Audit Record Worksheets [8 Cal. Code Reg. § 16432] • Public Works Investigation Worksheet • Public Works Audit Worksheet • Prevailing Wage Determination Summary 5120115 CC A EN A PACKET PAGE 239 LL U. C c ;2 c 3: S2 19 a 0) 4) m as m ai or n, d m m cu z m o1OC m m m co cu m m Uz Z . ....... . ... W F- No. of Vocations I— ----- ----- — . ..... Lu i Na. of Vocations 0 . ... .. ....... 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E E :3 W 512UI15 C:C:AC5ENDA PACKEI PAGE 242 City of Bakersfield Proposition 84 Grant Labor Compliance Program Attachment H — Labor Compliance Review and Enforcement Report 5120115 CC A EN A PACKET PAGE 243 City of Bakersfield Proposition 84 Grant Labor Compliance Program This page is intentionally left blank. 5120115 CC A EN A PACKET PAGE 244 Labor Compliance Review and Enforcement Report Form Awarding Body: Project Name: Name of Approved Labor Compliance Program: Bid Advertisement Date: Acceptance Date: Notice of Completion Recordation Date: Summary of Labor Compliance Activities 1. Contract Documents Containing Prevailing Wage Requirements (Identify) 2. Prejob Conference(s) — Attach list(s) of attendees and dates 3. Notification to Project Workers of Labor Compliance Program's Contact Person. (Explain Manner of Notification for each project work site.) 4. Certified Payroll Record Review a. CPRs Received From: Contractor /Subcontractor For weeks ending U'w /el through w/e Page 1 of 3 5120115 CC A EN A PACKET PAGE 24.E b. Classifications identified in CPRs and applicable Prevailing Wage Determinations Classification Determination No. 5. Further investigation or audit due to CPR review, information or complaint from worker or other interested person, or other reason: a. Independent Confirmation of CPR Data Worker Interviews Reconciled CPRs with Pay - Contractor /Subcontractor (Yes /No) checks or Stubs (Yes /No) b. Employer Payments (Health & Welfare, Pension, Vacation /Holiday) Confirmation Recipients of Written confirmation Contractor /Subcontractor Employer Payments Obtained (Yes /No) c. Contributions to California Apprenticeship Councilor Other Approved Apprenticeship Program Recipients of Written confirmation Contractor /Subcontractor Contributions Obtained (Yes /No) Page 2 of 3 5120115 CC A EN A PACKET PAGE 246 d. Additional Wage Payments or Training Fund Contributions Resulting from Review of CPRs Additional amounts Additional Contractor /Subcontractor Paid to Workers Training Fund Explanation * * * * * Use separate page(s) for explanation 6. Complaints Received Alleging Noncompliance with Prevailing Wage Requirements. Name of Complainant Resolution /Date Received Current Status * * * * *Use separate page(s) to explain resolution or current status 7. Requests for Approval of Forfeiture to Labor Commissioner Contractor /Subcontractor Date of Request Approved /Modified /Denied 8. Litigation Pending Under Labor Code Section 1742 Contractor /Subcontractor DIR Case Number 9. (Check one): Final report this project Annual report this project Authorized Representative for Labor Compliance Program Page 3 of 3 5120115 CC A EN A PACKET PAGE 247 City of Bakersfield Proposition 84 Grant Labor Compliance Program This page is intentionally left blank. 5120115 CC AGENDA PACKET PAGE 248 City of Bakersfield Proposition 84 Grant Labor Compliance Program Attachment I Notice of Withholding of Contract Payments Due to Delinquent or Inadequate Payroll Records 5120115 CC A EN A PACKET PAGE 249 City of Bakersfield Proposition 84 Grant Labor Compliance Program This page is intentionally left blank. 5120115 CC A EN A PACKET PAGE 250 [Name and Contact Information for person issuing Notice] Work performed in County of: Date: Case or Contract No.: NOTICE OF WITHHOLDING OF CONTRACT PAYMENTS DUE TO DELINQUENT OR INADEQUATE PAYROLL RECORDS (8 CCR §16435) Awarding Body: Work performed in County of: Project Name and Number (if any): Prime Contractor: Subcontractor: Pursuant to Labor Code § 1771.5(b)(5) and 8 CCR § 16435, contract payments are being withheld due to delinquent or inadequate payroll records. Contractor or subcontractor whose payroll records are delinquent or inadequate: ❑ The following payroll records are delinquent (specify weeks and due dates): ❑ The following payroll records are inadequate (specify weeks and ways in which records are deemed inadequate under 8 CCR § 16435(d)): Estimated amount of contract payments due to contractor or subcontractor that are being withheld pursuant to this Notice: See page 2 for additional information, including appeal rights. Labor Compliance Officer 5120115 CC AGENDA PACKET FACE 251 Prime Contractor Obligations: If contract payments are being withheld due to the delinquency or inadequacy of your subcontractor's payroll records, you are required to cease all payments to that subcontractor until the Labor Compliance Program provides notice that the subcontractor has cured the delinquency or deficiency. Notice of Right to Obtain Review — Expedited Hearing An affected contractor or subcontractor may request review an expedited hearing to review this Notice of Withholding of Contract Payments under Labor Code § 1742. The only issue in any such review proceeding is whether the specified payroll records are in fact delinquent or inadequate within the meaning of 8 CCR §16435 or whether the Labor Compliance Prograin has exceeded its authority under 8 CCR §16435. To obtain an expedited hearing, a written request must be transmitted to the both the Labor Compliance Program and to the Lead Hearing Officer for the Director of the Department of Industrial Relations, as follows: [Name of Labor Compliance Officer, address, and fax number] Office of the Director — Legal Unit Attention: Lead Hearing Officer Expedited Hearing Request Fax to: (415) 703 -4277 The request for expedited hearing should specify the basis for challenging this Notice and include a copy of this Notice as an attachment. The request should also identify and provide contact information for the person who will represent the contractor or subcontractor at the hearing. Important Additional Information: This is a Notice of Temporary Withholding of Contract Payments for Delinquent or Inadequate Payroll Records only. This is not a determination of liability for wages or penalties under Labor Code §§1775 and 1776 or any other statute. Contract payments cannot continue to be withheld pursuant to this notice, once the required records have been produced. However, the contractor and subcontractor may still be subject to the assessment of back wages and penalties and the withholding of contract payments if, upon investigation, a determination is made that the contractor or subcontractor violated the public works requirements of the Labor Code. This Notice only addresses rights and responsibilities under state law. Awarding bodies, labor compliance programs, and contractors may have other rights or responsibilities under federal or local law, where applicable, and may also have additional rights or remedies under the public works contract. 5120115 CC AGENDA PACKET FACE 252 Enclosure — text of 8 CCR § 16435 §16435. Withholding Contract Payments When Payroll Records are Delinquent or Inadequate. (a) "Withhold" means to cease payments by the Awarding Body, or others who pay on its behalf, or agents, to the general contractor. Where the violation is by a subcontractor, the general contractor shall be notified of the nature of the violation and reference made to its rights under Labor Code Section 1729. (b) "Contracts." Except as otherwise provided by agreement, only contracts under a single master contract, including a Design -Build contract, or contracts entered into as stages of a single project, may be the subject of withholding. (c) "Delinquent payroll records" means those not submitted on the date set in the contract. (d) "Inadequate payroll records" are any one of the following: (1) A record lacking any of the information required by Labor Code Section 1776; (2) A record which contains all of the required information but is not certified, or is certified by someone who is not an agent of the contractor or subcontractor; (3) A record remaining uncorrected for one payroll period after the Labor Compliance Program has given the contractor or subcontractor notice of inaccuracies detected by audit or record review. However, prompt correction will stop any duty to withhold if such inaccuracies do not amount to one (1) percent of the entire Certified Weekly Payroll in dollar value and do not affect more than half the persons listed as workers employed on that Certified Weekly Payroll, as defined in Labor Code Section 1776 and section 16401 of Title 8 of the California Code of Regulations. (e) The withholding of contract payments when payroll records are delinquent or inadequate is required by Labor Code Section 1771.5(b)(5), and it does not require the prior approval of the Labor Commissioner. The Awarding Body shall only withhold those payments due or estimated to be due to the contractor or subcontractor whose payroll records are delinquent or inadequate, plus any additional amount that the Labor Compliance Program has reasonable cause to believe may be needed to cover a back wage and penalty assessment against the contractor or subcontractor whose payroll records are delinquent or inadequate; provided that a contractor shall be required in turn to cease all payments to a subcontractor whose payroll records are delinquent or inadequate until the Labor Compliance Program provides notice that the subcontractor has cured the delinquency or deficiency. (f) When contract payments are withheld under this section, the Labor Compliance Program shall provide the contractor and subcontractor, if applicable, with immediate written notice that includes all of the following: (1) a statement that payments are being withheld due to delinquent or inadequate payroll records, and that identifies what records are missing or states why records that have been submitted are deemed inadequate; (2) specifies the amount being withheld; and (3) informs the contractor or subcontractor of the right to request an expedited hearing to review the withholding of contract payments under Labor Code Section 1742, limited to the issue of whether the records are delinquent or inadequate or the Labor Compliance Program has exceeded its authority under this section. (g) No contract payments shall be withheld solely on the basis of delinquent or inadequate payroll records after the required records have been produced. (h) In addition to withholding contract payments based on delinquent or inadequate payroll records, penalties shall be assessed under Labor Code Section 1776(g) for failure to timely comply with a written request for certified payroll records. The assessment of penalties under Labor Code Section 1776(g) does require the prior approval of the Labor Commissioner under section 16436 of these regulations. 5120115 CC AGENDA PACKET FACE 253 City of Bakersfield Proposition 84 Grant Labor Compliance Program This page is intentionally left blank. 5120115 CC AGENDA PACKET PAGE 254 City of Bakersfield Proposition 84 Grant Labor Compliance Program Attachment J — Notice of Withholding of Contract Payments 5120115 CC AGENDA PACKET PAGE 255 City of Bakersfield Proposition 84 Grant Labor Compliance Program This page is intentionally left blank. 5120115 CC AGENDA PACKET PAGE 256 Labor Compliance Program (SEAL) Phone: Fax: Date: In Reply Refer to Case No.: Notice of Withholding of Contract Payments Awarding Body Work Performed in County of Project Name Project No. Prime Contractor Subcontractor After an investigation concerning the payment of wages to workers employed in the execution of the contract for the above -named public works project, the Labor Compliance Program for (Awarding Body) has determined that violations of the California Labor Code have been committed by the contractor and /or subcontractor identified above. In accordance with Labor Code sections 1771.5 and 1771.6, the Labor Compliance Program hereby issues this Notice of Withholding of Contract Payments. The nature of the violations of the Labor Code and the basis for the assessment are as follows: The Labor Compliance Program has determined that the total amount of wages due is: The Labor Compliance Program has determined that the total amount of penalties assessed under Labor Code sections 1775 and 1813 is: $ The Labor Compliance Program has determined that the amount of penalties assessed under Labor Code section 1776 is: $ LABOR COMPLIANCE PROGRAM 5120115 CC AGENDA PACKET FACE 257 Notice of Right to Obtain Review - Formal Hearing In accordance with Labor Code sections 1742 and 1771.6, an affected contractor or subcontractor may obtain review of this Notice of Withholding of Contract Payments (NWCP) by transmitting a written request to the office of the Labor Compliance Program that appears below within 60 days after service of the notice. To obtain a hearing, a written Request for Review must be transmitted to the following address: Labor Compliance Program Review Office- Notice of Withholding of Contract Payments A Request for Review either shall clearly identify the Notice of Withholding of Contract Payments from which review is sought, including the date of the notice, or it shall include a copy of the notice as an attachment, and shall also set forth the basis upon which the notice is being contested. In accordance with Labor Code section 1742, the contractor or subcontractor shall be provided an opportunity to review evidence to be utilized by the Labor Compliance Program at the hearing within 20 days of the Labor Compliance Program's receipt of the written Request for Review. Failure by a contractor or subcontractor to submit a timely Request for Review will result in a final order which shall be binding on the contractor and subcontractor, and which shall also be binding, with respect to the amount due, on a bonding company issuing a bond that secures the payment of wages and a surety on a bond. Labor Code section 1743. In accordance with Labor Code section 1742(d), a certified copy of a final order may be filed by the Labor Commissioner in the office of the clerk of the superior court in any county in which the affected contractor or subcontractor has property or has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the State against the person assessed in the amount shown on the certified order. (continued on next page) 5120115 CC AGENDA PACKET FACE 258 Opportunity for Settlement Meeting In accordance with Labor Code Section 1742.1 (c), the Labor Compliance Program shall, upon receipt of a request from the affected contractor or subcontractor within 30 days following the service of this Notice of Withholding of Contract Payments, afford the contractor or subcontractor the opportunity to meet with the Labor Compliance Program's designee to attempt to settle a dispute regarding this Notice. The settlement meeting may be held in person or by telephone and shall take place before the expiration of the 60 -day period for seeking a hearing as set forth above under the heading Notice of Right to Obtain Review. No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, the settlement meeting is admissible or subject to discovery in any administrative or civil proceeding. No writing prepared for the purpose of, in the course of, or pursuant to, the settlement meeting, other than a final settlement agreement, is admissible or subject to discovery in any administrative or civil proceeding. This opportunity to timely request an informal settlement meeting is in addition to the right to obtain a formal hearing, and a settlement meeting may be requested even if a written Request for Review has already been made. Requesting a settlement meeting, however, does not extend the 60 -day period during which a formal hearing may be requested. A written request to meet with the Labor Compliance Program's designee to attempt to settle a dispute regarding this notice must be transmitted to Liquidated Damages at the following address: In accordance with Labor Code section 1742.1 (a), after 60 days following the service of this Notice of Withholding of Contract Payments, the affected contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the notice shall be liable for liquidated damages in an amount equal to the wages, or portion thereof that still remain unpaid. If this Notice subsequently is overturned or modified after administrative or judicial review, liquidated damages shall be payable only on the wages found to be due and unpaid. If the contractor or subcontractor demonstrates to the satisfaction of the Director of the Department of Industrial Relations that he or she had substantial grounds for believing this Notice to be an error, the Director shall waive payment of the liquidated damages. Notwithstanding the above, in accordance with Labor Code 1742.1 (b), there shall be no liability for liquidated damages if the full amount found due in this Notice, including penalties, has been deposited with the Department of Industrial Relations, within 60 days following service of this Notice, for the Department to hold in escrow pending administrative and judicial review. The Department shall release such funds, plus any interest earned, at the conclusion of all administrative and judicial review to the persons and entities who are found to be entitled to such funds. In lieu of a cash deposit, the contractor may post an undertaking with the Department in full amount of the Notice of Withholding of Contract Payments. The undertaking shall be on the condition that, if any decision is issued by the Director upholding this Notice in any respect, the contractor shall pay the amount owed pursuant to a decision that is final under Labor Code Section 1742, unless the parties have executed a settlement agreement for the payment of some other amount, in which case the contractor shall pay the 5120115 CC AGENDA PACKET FACE 259 amount that the contractor is obligated to pay under the terms of the settlement agreement. The undertaking must provide that if the contractor fails to pay the amount owed within 10 days of the date the decision is final or the execution of the settlement agreement, a portion of the undertaking equal to the amount owed, or the entire undertaking if the amount exceeds the undertaking is forfeited to the Labor Commissioner for the State of California for the purpose of satisfying the amounts owed under this Notice. A payment bond obtained by a contractor for the public works project which is the subject to this Notice shall not be accepted as an undertaking unless the following two conditions are completely satisfied: (1) the payment bond provides the payment of the full amount of this Notice, including but not limited to, all wages, training, trust contributions, and penalties, and (2) the conditions of payment set forth above are expressly agreed to by the affected contractor(s) and the surety which issued the payment bond. The undertaking should be forwarded to the Department as directed below. The Department's Accounting Office will hold the undertaking until the administrative and judicial review is completed. The disbursement of the bond funds will follow the same process as described above for a cash deposit. Deposits must be made by check or money order payable to the Department of Industrial Relations with a letter and a copy of the Notice of Withhold Contract Payments and mailed to: Department of Industrial Relations Attention Cashiering Unit P.O. Box 420603 San Francisco, CA 94142 The Amount of Liquidated Damages Available Under this Notice is $ lei atri bnti on - A tta ch - Prime Contractor Audit Summary Subcontractor Proof of Service Surety(s) on Bond 5120115 CC AGENDA PACKET PAGE 260 City of Bakersfield Proposition 84 Grant Labor Compliance Program Attachment K — Request for Approval of Forfeiture 5120115 CC A EN A PACKET PAGE 261 City of Bakersfield Proposition 84 Grant Labor Compliance Program This page is intentionally left blank. 5120115 CC A EN A PACKET PAGE 262 Labor Compliance Program Regulations UEST FOR APPROVAL OF FORFEITURE 1. AWARDING BODY / THIRD PARTY LCP: Name and Contact Information: Date of Request: Name and Contact Information for Awarding Body if different LCP Approval Status (specify if either from LCP: interim or temporary or if LCP has Notice of Completion/Date Recorded with County Recorder: extended authority): 2. PROJECT INFORMATION: Project Name: Contract Number: Project Location: Bid Advertisement Dates: Estimated Date Project is to be completed: Acceptance Date of Project by the Awarding Body: Notice of Completion/Date Recorded with County Recorder: Other Relevant Deadline (specify): Amount being held in Retention: 3. CONTRACTOR INFORMATION: Name and address of Affected Contractor: I Name and address of Affected Subcontractor: General Description of Scope of Work of the Entire Project: General Description of Scope of Work covered in the proposed Forfeiture (describe and attach relevant portions of contract or subcontract): 5120115 CC AGENDA PACKET PAGE 263 4. LABOR COMPLIANCE PROGRAM INVESTIGATION AND FINDINGS: Total Amount of Request for Notice of Withholding of Contract Payments: Wages Due: Training Funds Total Penalties Due: Potential Liquidated Damages Due: [Wages + Training Funds]: LC 1775 Penalties Due: LC 1813 Penalties LC 1776 Penalties Due: Other: Due: [Provide narrative summaries covering the following]: A. Statement of Issues. B. Investigative Report (detailed narrative including but not limited to how the investigation was conducted including worker declarations, reviewing certified payroll records, verification of eniployer payment contributions, etc.). C. Audit Report (detailed explanation of how audit was completed addressing each of the issues above). D. Affected contractor and subcontractor info ination (how affected contractor and subcontractor were info fined ofpotential violations; sunnnary of their response with respect to violations andpenalty issues; and any other info ination considered in deter inining recoininended penalties). E. Reconnnended penalties under Labor Code Section 1775(a) and basis for reconnnendation, including how factors in subsection (a)(2) of Section 1775 were applied to arrive at the reconnnended ainount(s). ATTACHMENTS 1. Audit Summary 2. 1st Bid Advertisement Publication 3. Notice of Completion 4. Scope of Work 5. Complaint form(s) and Declarations, if any Send the Request and all Attachments to: Division of Labor Standards Enforcement Bureau of Field Enforcement Attn.: Regional Manager 300 Oceangate Blvd., No. 850 Long Beach, CA 90802 COPIES OF THIS REQUEST, INCLUDING ALL ATTACHMENTS, SHALL BE SERVED ON THE AFFECTED CONTRACTOR AND AFFECTED SUBCONTRACTOR AT THE SAME TIME THAT IT IS SENT TO THE DIVISION OF LABOR STANDARDS ENFORCEMENT. 5120115 CC AGENDA PACKET FACE 264 City of Bakersfield Proposition 84 Grant Labor Compliance Program Attachment L — Notice of Transmittal 5120115 CC A EN A PACKET PAGE 26.E City of Bakersfield Proposition 84 Grant Labor Compliance Program This page is intentionally left blank. 5120115 CC A EN A PACKET PAGE 266 LABOR COMPLIANCE PROGRAM Review Office - Notice of Withholding of Contract Payments (SEAL) Phone: Fax: Date: In Reply Refer to Case No.: Notice of Transmittal To: Department of Industrial Relations Office of the Director -Legal Unit Attention: Lead Hearing Officer P. O. Box 420603 San Francisco, CA 94142 -0603 Enclosed herewith please find a Request for Review, dated , and received by this office on Also enclosed please find the following: Copy of Notice of Withholding of Contract Payments Copy of Audit Summary LABOR COMPLIANCE PROGRAM cc: Prime Contractor Subcontractor Bonding Company postmarked Please be advised that the Request for Review identified above has been received and transmitted to the address indicated. Please be further advised that the governing procedures applicable to these hearings are set forth at Title 8, California Code of Regulations sections 17201 - 17270. These hearings are not governed by Chapter 5 of the Government Code, commencing with section 11500. 5120115 CC AGENDA PACKET PAGE 267 City of Bakersfield Proposition 84 Grant Labor Compliance Program This page is intentionally left blank. 5120115 CC A EN A PACKET PAGE 268 City of Bakersfield Proposition 84 Grant Labor Compliance Program Attachment M — Notice of Opportunity to Review Evidence Pursuant to Labor Code 1742 (b) 5120115 CC A EN A PACKET PAGE 269 City of Bakersfield Proposition 84 Grant Labor Compliance Program This page is intentionally left blank. 5120115 CC A EN A PACKET PAGE 270 LABOR COMPLIANCE PROGRAM Review Office - Notice of Withholding of Contract Payments (SEAL) Phone: Fax: Date: In Reply Refer to Case No.: Notice of Opportunity to Review Evidence Pursuant to Labor Code Section 1742(b) To: Prime Contractor Subcontractor Please be advised that this office has received your Request for Review, dated and pertaining to the Notice of Withholding of Contract Payments issued by the Labor Compliance Program in Case No. In accordance with Labor Code section 1742(b), this notice provides you with an opportunity to review evidence to be utilized by the Labor Compliance Program at the hearing on the Request for Review, and the procedures for reviewing such evidence. Rule 17224 of the Prevailing Wage Hearing Regulations provides as follows: A(a) Within ten (10) days following its receipt of a Request for Review, the Enforcing Agency shall also notify the affected contractor or subcontractor of its opportunity and the procedures for reviewing evidence to be utilized by the Enforcing Agency at the hearing of the Request for Review. (b) An Enforcing Agency shall be deemed to have provided the opportunity to review evidence required by this Rule if it (1) gives the affected contractor or subcontractor the option at said party's own expense to either (i) obtain copies of all such evidence through a commercial copying service or (ii) inspect and copy such evidence at the office of the Enforcing Agency during normal business 5120115 CC AGENDA PACKET FACE 271 hours; or if (2) the Enforcing Agency at its own expense forwards copies of all such evidence to the affected contractor or subcontractor. (c) The evidence required to be provided under this Rule shall include the identity of witnesses whose testimony the Enforcing Agency intends to present, either in person at the hearing or by declaration or affidavit. This provision shall not be construed as requiring the Enforcing Agency to prepare or provide any separate listing of witnesses whose identities are disclosed within the written materials made available under subpart (a). (d) The Enforcing Agency shall make evidence available for review as specified in subparts (a) through (c) within 20 days of its receipt of the Request for Review; provided that, this deadline may be extended by written request or agreement of the affected contractor or subcontractor. The Enforcing Agency's failure to make evidence available for review as required by Labor Code section 1742(b) and this Rule, shall preclude the enforcing agency from introducing such evidence in proceedings before the Hearing officer or the Director. (e) This Rule shall not preclude the Enforcing Agency from relying upon or presenting any evidence first obtained after the initial disclosure of evidence under subparts (a) through (d), provided that, such evidence is promptly disclosed to the affected contractor or subcontractor. This Rule also shall not preclude the Enforcing Agency from presenting previously undisclosed evidence to rebut new or collateral claims raised by another party in the proceeding. @ In accordance with the above Rule, please be advised that the Labor Compliance Program's procedure for you to exercise your opportunity to review evidence is as follows: Within five calendar days of the date of this notice, please transmit the attached Request to Review Evidence to the following address: Attention: 5120115 CC AGENDA PACKET FACE 272 Request to Review Evidence To: From: Regarding Notice of Withholding of Contract Payments Dated Our Case No.: The undersigned hereby requests an opportunity to review evidence to be utilized by the Labor Compliance Program at the hearing on the Request for Review. Phone No.: Fax No.: 5120115 CC A EN A PACKET PAGE 273 City of Bakersfield Proposition 84 Grant Labor Compliance Program This page is intentionally left blank. 5120115 CC A EN A PACKET PAGE 274 City of Bakersfield Proposition 84 Grant Labor Compliance Program Attachment N — Single Project Labor Compliance Review and Enforcement Report 5120115 CC A EN A PACKET PAGE 27.E City of Bakersfield Proposition 84 Grant Labor Compliance Program This page is intentionally left blank. 5120115 CC A EN A PACKET PAGE 276 Suggested Single Project Labor Compliance Review and Enforcement Report Form [Appendix C following 8 CCR § 16434] Awarding Body: Project Name: Name of Approved Labor Compliance Program: Bid Advertisement Date: Acceptance Date: Notice of Completion Recordation Date: Summary of Labor Compliance Activities 1. Contract Documents Containing Prevailing Wage Requirements (Identify) 2. Prejob Conference(s) -- Attach list(s) of attendees and dates 3. Notification to Project Workers of Labor Compliance Program's Contact Person. (Explain Manner of Notification for each project work site.) 4. Certified Payroll Record Review a. CPRs Received From: Contractor /Subcontractor For weeks endin (gam `w /e ") throw 5120115 CC AGENDA PACKET FACE 277 b. Classifications identified in CPRs and applicable Prevailing Wage Determinations Classification Determination No. 5. Further investigation or audit due to CPR review, information or complaint from worker or other interested person, or other reason: a. Independent Confirmation of CPR Data Worker Interviews Reconciled CPRs with Pay - Contractor /Subcontractor (Yes/No) checks or Stubs (Yes /No) b. Employer Payments (Health & Welfare, Pension, Vacation/Holiday) Confirmation Recipients of Written confirmation Contractor /Subcontractor Employer Payments Obtained (Yes/No) C. Contributions to California Apprenticeship Council or Other Approved Apprenticeship Program Recipients of Written confirmation Contractor /Subcontractor Contributions Obtained (Yes/No) 5120115 CC AGENDA PACKET FACE 278 d. Additional Wage Payments or Training Fund Contributions Resulting from Review of CPRs Additional amounts Additional Expla- Contractor /Subcontractor Paid to Workers Training nation * * * * * Use separate page(s) for explanation 6. Complaints Received Alleging Noncompliance with Prevailing Wage Requirements. Name of Resolution or Complainant Date Received Current Status * * * * *Use separate page(s) to explain resolution or current status 7. Requests for Approval of Forfeiture to Labor Commissioner Contractor /Subcontractor Date of Request Approved /Modified /Denied 8. Litigation Pending Under Labor Code Section 1742 Contractor /Subcontractor DIR Case Number 9. (Check one): Final report this project Annual report this project Authorized Representative for Labor Compliance Program 5120115 CC AGENDA PACKET FACE 279 City of Bakersfield Proposition 84 Grant Labor Compliance Program This page is intentionally left blank. 5120115 CC AGENDA PACKET PAGE 280 fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 CONSENT -Resolutions g. TO: Honorable Mayor and City Council FROM: Nelson K. Smith - Finance Director DATE: 5/14/2015 A%1N13 SUBJECT: Resolution determining that Globe® Turnout Clothing is the Fire Department standard and it cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $154,000. STAFF RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: Firefighters utilize protective fire - resistive turnout coats and pants as part of mandatory OSHA and NFPA requirements and standards for Personal Protective Equipment (PPE) for firefighting. This PPE typically has an effective life -span of 3 -5 years; however no PPE is allowed to remain in use beyond ten (10) years of service life and the Fire Department is attempting to replace those sets that are out of compliance or worn beyond useful service life. Due to typically heavy use, the Fire Department PPE replacement program relies on a continual rotation of protective turnout ensembles to maintain Firefighter safety and compliance with noted regulations. This will move PPE for Reserve Firefighters, Fire Explorers, and full -time Firefighters toward compliance. In 2010, the Fire Department conducted a year -long field wear - testing of multiple manufacturers' off - the -shelf turnout ensembles. The Fire Department tested and rated for fit, durability, safety features, and customer service with the Globe® product scoring the highest. A numerical scoring system was utilized, and the field testing carried out in the Fire Stations with the highest call volumes across the city. The Fire Department requests to dispense with bidding for Globe® Turnout Clothing, and to purchase from L.N. Curtis and Sons, Oakland, California as a sole source. L.N. Curtis and Sons, Oakland, California, is the sole distributor for the state of California for the sale of Globe® Turnout Clothing. The Globe® specification is made to BFD standards and 5120115 CC AGENDA PACKET PAGE 281 insures Fire Department -wide PPE compliance, and a single point of quality compliance and quality assurance, including: • More fit and sizing options • Personalized, individual fitting by manufacturer • Best standard, off - the -shelf safety features • Superior durability and quality, per field testing and four (4) years of use • General Services Administration (GSA) pricing • Rapid turnaround times for product • Superior, responsive sales representative availability • Meets all OSHA and NFPA standards • Need for maintaining uniformity in personal protective equipment Staff is recommending adoption of the Resolution to dispense with bidding for Globe® Turnout Clothing to be purchased from L. N. Curtis and Sons, Oakland, California not to exceed $154,000 in the current fiscal year. Funds are budgeted in the Fire Department operating budget and Certified Unified Program Agency (CUPA) Fund to complete the replacement of turnout clothing. FY2014 -15 ITEM QUANTITY UNIT COST TOTAL Pants 60 $900 $54,000 Coats 60 $1,200 $72,000 Boots 70 $400 $28,000 $154,000 Due to the fact that Fire Department PPE has an actual wear life -span of 3 -5 years, and that no PPE is allowed to remain in use beyond ten (10) years of service life, the PPE replacement process will continue in a rotational and ongoing manner, throughout the fiscal cycle. The Fire Department will request Council consideration on this issue again in FY2015 -16, to insure timely and appropriate replacement of personal protective equipment that is out of compliance or worn beyond useful life, and compliance with mandatory OSHA and NFPA requirements and standards. ATTACHMENTS: Description Type D Resolution 1=�esolklfi lrl 5120115 CC A EN A PACKET PAGE 282 RESOLUTION NO. A RESOLUTION DETERMINING THAT CERTAIN GLOBE® TURNOUT CLOTHING CANNOT BE REASONABLY OBTAINED THROUGH THE USUAL BIDDING PROCEDURES AND AUTHORIZING THE FINANCE DIRECTOR TO DISPENSE WITH BIDDING THEREFOR, NOT TO EXCEED $154,000. WHEREAS, the City of Bakersfield is in need of Globe® Turnout Clothing for replacement purposes; WHEREAS, the City Fire Department has standardized on Globe® brand turnout clothing and they desire to continue using the Globe® brand turnout clothing because of the excellent track record and acceptance as a standard within the City of Bakersfield ; and WHEREAS, the City desires to integrate the Globe® turnout clothing with existing Globe® turnout clothing; and WHEREAS, L. N. Curtis & Sons is the sole distributor for the state of California for the sale of Globe® Turnout Clothing; and WHEREAS, the Fire Chief recommends the Council find that said Globe® Turnout Clothing can only be reasonably obtained from L. N. Curtis & Sons, and the need to integrate the product into existing firefighter turnout clothing, recommends 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: The above recitals are true and correct and incorporated herein by reference. 2. The Council hereby finds that the purchase of Globe® Turnout Clothing can only be reasonably obtained from one supplier (L. N. Curtis & Sons) 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 $154,000. CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \8945E539 - 7286- 48E7 -9550- EE8D27FD6AA7\PDFConvert.2629.1.LN_Curtis_Globe Turnout _clothing_May_20_2015.docx Page 1 of 2 Page 5120115 CC AGENDA PACKET PAGE 283 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: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER CITY CLERK AND EX OFFICIO of the Council of the City of Bakersfield HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA H RUDNICK Deputy City Attorney C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \8945E539 - 7286- 48E7 -9550- EE8D27FD6AA7\PDFConvert.2629.1.LN_Curtis_Globe Turnout _Clothing_May_20_2015.docx Page 2 of 2 Page 5120115 CC AGENDA PACKET FACE 284 fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 CONSENT -Resolutions h. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/21/2015 WARD: Ward 6 SUBJECT: Resolution determining that certain Vaughan Chopper Pumps for Wastewater Treatment Plant No. 3 cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $135,000. STAFF RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Treatment equipment at Wastewater Treatment Plant No. 3 includes eight digesters which are required to mix digested sludge into properly treated biosolids as required by the Environmental Protection Agency. Six of these digesters were not part of the 2010 Plant Expansion Project. Each digester requires a digester mixing pump. Currently, various pump models are in operation which is not optimal for maintenance in terms of efficiency and spare parts inventory. By migrating to one type of pump, Plant Mechanics are better able to perform necessary repairs in a timely manner which is both efficient and cost - effective. This would enhance operation of the existing digester system as a whole. The current year budget includes a CIP project to replace four digester mixing pumps for digesters three through six at Plant 3. These four pumps are obsolete and require excessive maintenance. Therefore, these four digester mixing pumps are in need of replacement. Two of the current digesters have Vaughan Chopper Pumps which perform very well and for which staff has the expertise and knowledge to provide in -house maintenance repairs. Staff recommends that the four digester mixing pumps be replaced with Vaughan Chopper Pumps. Standardization of mixing pumps would provide redundancy of the equipment which allows staff to maintain a smaller spare parts inventory, and less downtime to service pumps when in need of repair. Rockwell Engineering & Equipment is the exclusive distributor of Vaughan Chopper Pumps in California. Because they are the sole source distributer, the Vaughan Chopper Pumps cannot be purchased through the City's usual bidding procedures. This proposed resolution authorizes the Finance Director to dispense with normal bidding procedures in accordance with subsection D.2 of Section 3.20.060 of the Bakersfield Municipal Code because of the need to integrate the replacement digester mixing pumps into the existing treatment processes at Plant 3. 5120115 CC AGENDA PACKET PAGE 285 Sewer Enterprise funds provide the funding source for this purchase. Therefore, there is no General Fund impact. Sufficient funds are budgeted for the purchase of these four digester mixing pumps. ATTACHMENTS: Description D Resolution D Exhibit A Type F�esoklfiOlrl Exhl Ike lit 5120115 CC AGENDA PACKET PAGE 286 RESOLUTION NO. RESOLUTION DETERMINING THAT CERTAIN VAUGHAN CHOPPER PUMPS REQUIRED FOR THE WASTEWATER PLANT NO. 3 DIGESTER MIXING SYSTEM CANNOT BE OBTAINED THROUGH THE USUAL BIDDING PROCEDURES BECAUSE ROCKWELL ENGINEERING & EQUIPMENT IS THE SOLE DISTRIBUTOR OF VAUGHAN CHOPPER PUMPS FOR THE CITY'S GEOGRAPHICAL AREA AND AUTHORIZING THE FINANCE DIRECTOR TO DISPENSE WITH BIDDING THERFOR, NOT TO EXCEED $135,000. WHEREAS, the City's Wastewater Treatment Plant No. 3 (WWTP3) is in need of four new digester mixing pumps for digesters three through six; and WHEREAS, the City currently has Vaughan Chopper Pumps in place on digesters seven and eight for digester mixing; and WHEREAS, having one type of digester mixing pump allows Wastewater staff to better maintain and service digester mixing pumps; and WHEREAS, Rockwell Engineering & Equipment is the sole distributor of Vaughan Chopper Pumps for the City's geographical area, as shown in Exhibit A; and WHEREAS, the Public Works Director recommends the Council find said the purchase of four Vaughan Chopper Pumps at WWTP3 can only be reasonably obtained from Rockwell Engineering & Equipment, because Rockwell Engineering & Equipment is the sole distributor of Vaughan Chopper 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 four Vaughan chopper pumps for Wastewater Treatment Plant No. 3 can only be reasonably obtained from Rockwell Engineering, because Rockwell Engineering is the sole distributor of Vaughan chopper 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 \29125ECF -CC4B- 4245 -830D- Al E6717A745E \PDFConvert.2565.1. Resolution_ SoleSource _Digester_Mixing_Pumps.doc ZM 5120115 CC AGENDA PACKET FACE 287 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 NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBER APPROVED In HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Page 2 of 2 C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \29125ECF -CC4B- 4245 -830D- Al E6717A745E \PDFConvert.2565.1. Resolution_ SoleSource _Digester_Mixing_Pumps.doc ZM 5120115 CC A EN A PACKET PAGE 288 March 31, 2015 TO: City of Bakersfield, CA To Whom It May Concern: The authorized Representative and exclusive sole source for Vaughan Co., Inc. including sales, service and parts for the States of California & Nevada is: Rockwell Engineering & Equipment 2913 El Camino Real Suite 337 Tustin Ranch, CA 92782 Phone: 714/505-9700 Fax: 714/505-9800 Email: brad@ rockwellengineering,com Please contact them for pricing, information or any other assistance you require Sincerely, 7 Mike Panther Regional Sales Manager "Solids llaiidffi�g Specialists" Exhibit "A" Vaughan Co., Ine. j 364 Monle Dina Road I Montesano, H/A. USA 98563 i Phone .360- :249 -4042 I Fax 360-249-6155 mughancoinc. coin I rolainLy,cont I choppecounips,com f trilonpumpscom 5120115 CC AGENDA PACKET PAGE 289 fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 CONSENT -Resolutions i. TO: Honorable Mayor and City Council FROM: Douglas R. Greener, Fire Chief DATE: 5/6/2015 WARD: SUBJECT: Resolution specifying the reimbursement by California Governor's Office of Emergency Services (Cal -OES) to the City of Bakersfield for Fire Department members compensation rates in accordance with the current City Memorandum of Understanding (MOU). STAFF RECOMMENDATION: Staff recommends approval of the resolution. BACKGROUND: The Cal -OES, Fire and Rescue Division is responsible for the development, implementation and coordination of the California Fire Service and Rescue Emergency Mutual Aid Plan. Under Cal - OES Fire and Rescue Division, the Operations (OPS) section coordinates the California Fire and Rescue Mutual Aid System. Coordinated response through the Mutual Aid System includes responses to major fires, earthquakes, tsunamis, hazardous materials and other disasters. The Bakersfield Fire Department participates in numerous state -wide mutual aid responses to significant emergency events annually during fire season. The California Fire Assistance Agreement Committee has revised the California Fire Assistance Agreement (CFAA) which is the mutual aid agreement specifying reimbursement rates. The CFAA requires agencies seeking reimbursements of portal -to- portal from the time of dispatch to the time that they return to the City and for overtime costs to adopt and file a resolution with the Cal -OES Fire and Rescue Division. The resolution must indicate how Fire Department personnel will be compensated. According to the Memorandum of Understanding, the City and the Bakersfield Fire Department compensates employees authorized overtime for any time worked over regular work schedule. The resolution will provide for a reimbursement rate portal -to- portal for the City and will cover all City overtime expenditures on mutual aid responses. ATTACHMENTS: Description D Fire - Office of Emergency Services Resolution Type 1:: ces oIlautblrl 5120115 CC AGENDA PACKET PAGE 290 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD AUTHORIZING OVERTIME PAY AND PORTAL -TO- PORTAL PAY FOR MEMBERS OF THE BAKERSFIELD FIRE DEPARTMENT ASSIGNED TO EMERGENCY INCIDENTS THROUGH THE CALIFORNIA FIRE ASSISTANCE AGREEMENT ( "CFAA "). WHEREAS, the City of Bakersfield is a public agency located in the County of Kern, State of California; and WHEREAS, the City desires to provide fair and legal payment to all its employees for time worked; and WHEREAS, the City of Bakersfield has in its employ Fire Department response personnel that include: Fire Chief, Deputy Fire Chief, Fire Battalion Chief, Fire Captain, Fire Engineer, Firefighter /Paramedic, Firefighter /EMT, Fire Dispatchers; and WHEREAS, the City will compensate its employees portal -to- portal while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre - positioned for emergency response under the CFAA; and WHEREAS, the City will compensate its employees overtime in accordance with their current Memorandum of Understanding while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre - positioned for emergency response under the CFAA. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: The above recitals are true and correct and incorporated herein by reference. 2. The City will compensate employees according to the Memorandum of Understanding, Personnel Rules and Regulations, and /or other directive that identifies personnel compensation in the workplace. -- Page 1 of 2 Pages -- 5120115 CC AGENDA PACKET FACE 291 3. The City will compensate the Bakersfield Fire Department employees (portal -to- portal) beginning at the time of dispatch to the return to jurisdiction when equipment and personnel are in service and available for agency response. 4. This resolution shall take effect from and after its passage and adoption. 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: NOES: ABSTAIN ABSENT: COUNCIL MEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA H. RUDNICK Deputy City Attorney JHR:dII S; \COUNCIL \Resos \14- 15 \Fire-0fflce Of Emergency Servic —Do- CITY CLERK AND EX OFFICIO of the Council of the City of Bakersfield -- Page 2 of 2 Pages -- 5120115 CC AGENDA PACKET FACE 292 fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 CONSENT -Resolutions j. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/28/2015 WARD: Ward (s) 1, 2, 3, 7 SUBJECT: 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 2 -59 (northeast corner of Ming Avenue & Hughes Lane) 2. Area 4 -132 (southwest corner of 20th Street & F Street) 3. Area 4 -133 (southeast corner of Gilmore Avenue & Buck Owens Boulevard) 4. Area 5 -78 (3000 Gateway Avenue) STAFF RECOMMENDATION: Staff recommends adoption of the resolutions. BACKGROUND: On April 22, 2015 the Council adopted Resolutions of Intention No. 1839, 1840, 1841, and 1842 respectively, to add the above territories to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks and /or street landscaping. The areas will be under park and /or streetscape zones of benefit and will be assigned the appropriate tier levels when parks and /or street landscaping have been installed. The addition of these territories to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner(s) of the properties described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor- 5120115 CC AGENDA PACKET PAGE 293 Recorder's Office upon approval Ofthis Resolution. ATTACHMENTS: Description D Blue Memo D Resolution adding Area 2-50to the CK4D D MID 2-59 Exhibit D K4D 2-50 Exhibit O MID 2-59 Exhibit D MID 2-59 Exhibit D MID 2-59 Exhibit D MID 2-59 Exhibit D MID 2-59 Exhibit IF D Resolution adding Area 4-132to the CK4D D MID 4-132 Exhibit 1 O MID 4-132 Exhibit O MID 4-132 Exhibit B D MID 4-132 Exhibit D MID 4-132 Exhibit D D MID 4-132 Exhibit E D MID 4-132 Exhibit F h Resolution adding Area 4-133to the CK4D D MID 4-133Exhbit1 O MID 4-133 Exhibit A D MID 4-133 Exhibit B D MID 4-133 Exhibit C D MID 4-133 Exhibit D D MID 4-133 Exhibit E D MID 4-133 Exhibit F D Resolution adding Area 5-78to the CK4D O K4D 5-78 Exhibit 1 D K4D 5-78 Exhibit D MID 5-78 Exhibit B D MID 5-78 Exhibit C D MID 5-78 Exhibit D D MID 5-78 Exhibit E D MID 5-78 Exhibit F Type Cover�Memo F�eeo|ufion Ezhib�t Ezhib�t Ezhib�t Ezhib�t Ezhib�t Ezhib�t F�eeo|udon Ezhib�t Ezhib�t Ezhib�t Ezhib�t Ezhib�t Ezhib�t Ezhib�t Ezhib�t Ezhib�t Ezhib�t Ezhib�t Ezhib�t Ezhib�t Ezhib�t Ezhib�t Ezhib�t Ezhib�t Ezhib�t Ezhib�t Ezhib�t Ezhib�t 5120115 CC AGENDA PACKET PAGE 294 FROM, NICK FIDLER, PUBLIC WORKS DIRECTOR DATE* May 18, 2015 SUBJECT DA ITEM FOR COUNCIL MEETING Of May 20,2015: - CONSENT CALENDAR - Item 8 j ReWlutions adding the following terffories to the Comolidated Mointenance District and approvingo confirming, and adopting, t;he Public Works Director's Rep;oirt for each: I . Area 2-59' (norfheosf corner of Ming Avenue & Hughes Lane) - Word 7 Z Area 4� 132 (southwest comer of 20th Street & F Street) - Word 2 34 Area 4-133 (southeast Corner of' Gilmore Aveme s, Buck Owens Boulevard) - Ward 3 4. Area 5-:78 (3000 Gatewoy Avenue)- Ward I Staff inadvertently uploaded incorrect Resoluflons for Amos 4-133 and 5-78. The correct Resolutions for these two Areas are attached. cs=l 5120115 CC AGENDA PACKET PAGE 295 A RESOLUTION ADDING TERRITORY, AREA 4i-133 (SEC OF GILMORE AVENUE & BUCK OWENS BOULEVARD), TO THE APPROVING CONSOLIDATED MAINTENANCE DISTRICT; ADOPTING, CONFIRMING AND • DIREC�TOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF M BE LEVIED AGAINST EACH PARCEL. (WARD WHEREAS, the Public Works 'Director has filed with the City Clerk the Public Works Director's Report, including a budget, assessment formula„ improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, Chapter 13.04 of Tuttle 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City (" "general benefit "); and WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new area reflects that portion of the cost of maintenance of public street landscaping and /or a public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CmID. Each parcel within this area will be assessed its proportionate share of special benefit based on its zoning and size. WHEREAS, if is the intention of the City Council of the City of Bakersfield to add Area 4 -133, generally described in Exhibit "A " attached hereto, to the CmD, in order to maintain local improvements including street landscaping and /or a public park; and WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention too. 1841 declared its intention to add territory to the CmD, preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed additional territory, the fairness of the benefit formula, and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 4- 133, as shown and designated on that certain map entitled! "Map and Assessment Diagram for ,Addition of Territory, Area 4133 (SEC of Gilmore Avenue Buck Owens Boulevard), to the Consol"rdafed Maintenance District, Bakersfield, C :\(Jsers\glorer')Zti\ApraDai a\Local\M crosofit\Wir'adows\Temporrary lnterrwel Hle5" Content. Out bok\T7AB'RX6F\Res estab C MD 4- 133.doc;x Page t of 5120115 CC AGENDA PACKET FACE 296 California," for this fiscal year on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1, The foregoing recitals are true and correct and are incorporated herein. 2. The Council hereby adds territory, Area 4-133 to the CMD and confirms and adopts the Public Works Director's Report, including the amounts of assessment for each assessed parcel. 3. Exhibits "A" and "B" describe the additional territory. 4. All parcels within this additional territory shall be assessed an amount not to exceed the amount established in Resolution No,. 019-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Riverside-Orange Counfy/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and/or street landscape improvements have been installed. When park and/or street landscape improvements have been completed, the appropriate park and street tiers will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 011 9 --05 as escalated per the above described Consumer Price Index. The benefit formula (Exhibit "C"), budget (Exhibit "D"), assessment roll (Exhibit "E"), and letter from the property owner(s) requesting inclusion in the CMD (Exhibit "F") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect such assessments. 6. Beginning in the 2014-2015 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare an annual report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement of assessments on the County tax rolls for the applicable fiscal year. Upon filing of the annual report, the Clerk shall set a hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said code. 7, The City Council hereby reserves the right to perform the work of maintenance and operation of the public improvements by City forces or by private contractor. Such determination and election is to be made for each year at the time the budget and assessment is approved for the year in question. C:\Users\glorenzi\AppData\l,,ocal\Microsoft\Wit'idows\rer,�)porary Intemet FaIcs\Coritenl,O(, tlook\T7ABRX61F\Res estab CMD 4- 133,docx Poge 2 of 3 5120115 CC AGENDA PACKET PAGE 297 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: COUCILMEMBER NOES: COUCILMEMBER ABSTAIN: COUCILMEMBER ABSEN'r: COUCILMEMBER RIVERA, MAXWELL, WEIR, SKM, HANSON, SULUVAN, PARLIER ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council 'of the City of Bakersfield a ff ffl, ME M HARVEY L. HALL MAYOR of the City of Bakersfield VIRGINIA GENNARO City Attorney ■ ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit"]" Exhibit "ID" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" C:\R.Ise�,,s\gloret-iz!\AppData\[,,(:)(,,a�\MP ci,osoft\Wiridow,�\1(tyipc)rary Internet Fjlc-,,s\Corlferit,O )l ook\'T7ABRX6F\Res esiab CMD 4- 133-docx Page 3 of 3 5120115 CC AGENDA PACKET PAGE 298 q1*rO1VHr*-TN • A A *I A 9 0 WHEREAS, the Public Works Director has filed with the City Clerk the Public Works Director's Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ("CMD"). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ("special benefit") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ("general benefit"); and WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new area reflects that portion of the cost of maintenance of public street landscaping and/or a public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on its zoning and size. WHEREAS, it is the inferifion of the City Council of the City of Bakersfield to add Area 5-78, generally described in Exhibit "A" attached hereto, to the CMD, in order to maintain local improvements including street landscaping and/or a public park; and WHEREAS, the City Council of the City of Bakersfield. State of California, heretofore by Resolution of Intention No. 1,842 declared its intention to add territory to the CMD, preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed additional territory, the fairness of the benefit formula, and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 5-78, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 5-78 (3000 Gateway Avenue), to the Consolidated Maintenance District, Bakersfield, California," for this fiscal year on file in the offices of the City Clerk and Public Works, Director, City of Bakersfield, and C:\Users\glcrew zw\Arjr)D(,i�t)\Locc�l\,IoicP�soft\Windows�,,T(irTIPOl'Ory Internet Files\Co�-ielenf.Oj, look\T7ABRX6F�\Res estob CMD 5-78,docx Page 1 of 3 5120115 CC AGENDA PACKET PAGE 299 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2, The Council hereby adds territory, Area 5-78 to the C and confirms and adopts the Public Works Director's Report, including the amounts of assessment for each assessed parcel. 3. Exhibits "A'' and "B" describe the additional territory. 4. All parcels within this additional territory shall be assessed an amount not to exceed the amount established in Resolution No. 019-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Riverside-Orange County/All Urban Consumers Consumer Price Index, However, parcels will not be assessed until park and/or street landscape improvements have been installed. When park and/or street landscape improvements have been completed, the appropriate park and street tiers will be assigned, but in no case shall the assessments exceed the amount established in Resoluf ion No. 019 -0 as escalated per the above described Consumer Price Index, The benefit formula (Exhibit "C"), budget (Exhibit "D"), assessment roll (Exhibit ''E"), and letter from the property owner(s) requesting inclusion in the C (Exhibit "F") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect such assessments. 6. Beginning in the 2014-2015 fiscal year and each fiscal year thereafter, fhe Public Works Director is hereby directed to prepare an annual report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement of assessments on the County tax rolls for the applicable fiscal year, Upon filing of the annual report, the Clerk shall set a hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said code. 7, The City Council hereby reserves the right to perform the work of maintenance and operation of the public improvements by City forces or by private contractor. Such determination and election is to be made for each year at the time the budget and assessment is approved for the year in question. Cl-\Users\glorent\AppData\Local\Micro5oft\Wir)dows\'Ic,dmporai'y Internet Files\Cwilerit,Ouklotik\T7ABRX6F\Res estob CMD 5-78,docx Page 2 of 3 5120115 CC AGENDA PACKET PAGE 300 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: COUCILMEMBER NOES: COUCILMEMBER ABSTAIN: COUCILMEMBER ABSENT: COUCILMEMBER RIVIERA, MAXWELL, WEIR, SMffH, HANSON, SULUVAN, PARLIER ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Cli,erk of the Council of the City of Bokersfield HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO ORM: VIRGINIA GENNARO City Attorney z ANDREW HEGLU'ND Deputy City Attorney Attachments: Exhibit "I" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F"' Exhibit "'C" C-I\ Jser5\glorenZu\AppData\[-Ocl,31\MiCrosoft\Windcjws\l'emporc�Ty ntem�el Filc,,s\Cor)Perrf.Olit[ook\f7Al3RX6F\Res eslcib CMD 5-78.dcx',x Page 3 of 3 5120115 CC AGENDA PACKET PAGE 301 RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 2 -59 (NEC OF MING AVENUE & HUGHES LANE) TO THE CONSOLIDATED MAINTENANCE DISTRICT; ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 7) WHEREAS, the Public Works Director has filed with the City Clerk the Public Works Director's Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); and WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new area reflects that portion of the cost of maintenance of public street landscaping and /or a public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on its zoning and size. WHEREAS, it is the intention of the City Council of the City of Bakersfield to add Area 2 -59, generally described in Exhibit "A" attached hereto, to the CMD, in order to maintain local improvements including street landscaping and /or a public park; and WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1831 declared its intention to add territory to the CMD, preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed additional territory, the fairness of the benefit formula, and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 2 -59, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 2 -59 (NEC of Ming Avenue & Hughes Lane), to the Consolidated Maintenance District, Bakersfield, California," for this C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \2DFE86B2- 855C -47E7- 9300- 3D27E9ED940E\ PDFConvert .2474.1.Res_estab_CMD_2- 59.docx Page 1 of 3 5120115 CC AGENDA PACKET FACE 302 fiscal year on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The Council hereby adds territory, Area 2 -59 to the CMD and confirms and adopts the Public Works Director's Report, including the amounts of assessment for each assessed parcel. 3. Exhibits "A" and "B" describe the additional territory. 4. All parcels within this additional territory shall be assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscape improvements have been installed. When park and /or street landscape improvements have been completed, the appropriate park and street tiers will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. The benefit formula (Exhibit "C "), budget (Exhibit "D "), assessment roll (Exhibit "E "), and letter from the property owner(s) requesting inclusion in the CMD (Exhibit "F ") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect such assessments. 6. Beginning in the 2014 -2015 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare an annual report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement of assessments on the County tax rolls for the applicable fiscal year. Upon filing of the annual report, the Clerk shall set a hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said code. 7. The City Council hereby reserves the right to perform the work of maintenance and operation of the public improvements by City forces or by private contractor. Such determination and election is to be made for each year at the time the budget and assessment is approved for the year in question. C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \2DFE86B2- 855C -47E7- 9300- 3D27E9ED940E\ PDFConvert .2474.1.Res_estab_CMD_2- 59.docx Page 2 of 3 5120115 CC AGENDA PACKET FACE 303 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: COUCILMEMBER NOES: COUCILMEMBER ABSTAIN: COUCILMEMBER ABSENT: COUCILMEMBER RIVERA , MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \2DFE86B2- 855C -47E7- 9300- 3D27E9ED940E\ PDFConvert .2474.1.Res_estab_CMD_2- 59.docx Page 3 of 3 5120115 CC AGENDA PACKET FACE 304 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 2 -59 Fiscal Year 2014 -2015 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as the NEC of Ming Avenue and Hughes Lane and as specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \7FC3A667- B982- 44E2 -8A49- 7303FCF25FDF \PDFConvert. 2475 .1.PW_DIRECTOR_S_REPORT.docx EXHIBIT 1 5120115 CC AGENDA PACKET FACE .30.E Index. However, parcels will not be assessed until park and /or street landscaping have been installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2014 -2015 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Director of Public Works City of Bakersfield C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \7FC3A667- B982- 44E2 -8A49- 7303FCF25FDF \PDFConvert. 2475 .1.PW_DIRECTOR_S_REPORT.docx EXHIBIT 1 5120115 CC AGENDA PACKET FACE 306 LEGAL DESCRIPTION Area 2 -59 An area located in Section 1, Township 30, Range 27 M.D.B. & M., more particularly described as follows: Conditional Use Permit 14 -0245 2412 Ming Avenue Bakersfield California Containing: 0.579706 Acres, more or less. i *AV :ii:1111r_1 5120115 CC A EN A PACKET PAGE 307 I 5120115 CC AGENDA PACKET PAGE 31, CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 (max.) R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 5120115 CC A EN A PAOl� i FE E ,309 MAINTENANCE DISTRICT AREA 2 -59 Said assessment is made in accordance with the benefit formula attached hereto. 2014 -2015 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D 5120115 GG AGEN A PACKET PAGE 310 Assessor's Tax No. 148- 092 -21 -009 Total Date: MAINTENANCE DISTRICT AREA 2 -59 ASSESSMENT ROLL FISCAL YEAR 2014 -2015 Total amount to be collected for FY (2014 -2015) $0.00 0 $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 5120115 CC AGENDA PACKET FACE 311 Ronald Penhall 225 Hilicrest Street Anaheim, California 92807 February 18, 2015 City of Bakersfield — Public Works Department Attn: Manny Behl 1600 Tru)dun Avenue Bakersfield, California 93301 MR FEB 2 3 2015 R.E. ASSET MG-MT Re Inclusion of address 2412 Ming Avenue, Bakersfield, CA in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of property included with address 2412 Ming Avenue, Assessors Parcel Number 148-092-21-00-9 hereby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. A check was provided for $850.00 as required by the City to cover the costs of this inclusion into the CMD. We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for , 20!f at 15:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. Respectfully, Sincerely, Ronald Penhall 01 Formal Letter 07.01.05 C.\Users\elevine\AppData\LocaiNicrosoft\Windows\Temporary Intemet Files\Content.Ouflook\GWYDT4Ahlndusion Letter - Penhall Trust.dDex FY141RIT F 5120115 CC AGENDA PACKET PAGE 312 Dennis & Lynette Delamore 40 Red Rock Irvine, CA 92604 February 18,0015 City of Bakersfield – Public Works Department Attn: Manny Behl 1600 Truxtun Avenue Bakersfield, California Q33O1 k�U' � ", ^ �O1� — w ~ Fm Inclusion of address 2412 Ming Avenue, Bakersfield, CAineConsolidated Maintenance District (CMD) We, the undersigned, as owners of property included with address 2412 Ming Avenue, Assessors Parcel Number 148-092-21 -0&.9 hereby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. A check was provided for $850.00 as required by the City to cover the costs of this inclusion into the CMD. VVe understand that under Proposition 218 and Government Code section 58758< bam/1,a City Council hearing will be held for purposes of including the above property within the CMD, and determining the amount of 000eaernenbs. VVe hereby waive our right to have a hearing within the time parameters set forth in the applicable law. VVo further understand that the hearing |m scheduled for ,2O15mtS:15inthe Council Chambers located ai16D1Tru»dunMve', Bakersfield, CA 93301. VVe hereby waive our eight bo further notice of that hearing. 01 Formal Letter 07.01.05 C-.\Users\elevine\AppData\Local\Microsoft\Windows�Temporary Intemet Files\Content.Ouflook\GWYDT4ARInclusion Letter - Delamore Tnist (2).docx CYLURKT F 5120115 CC AGENDA PACKET PAGE 313 RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 4 -132 (SWC OF 20TH STREET & F STREET), TO THE CONSOLIDATED MAINTENANCE DISTRICT; ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 2) WHEREAS, the Public Works Director has filed with the City Clerk the Public Works Director's Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); and WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new area reflects that portion of the cost of maintenance of public street landscaping and /or a public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on its zoning and size. WHEREAS, it is the intention of the City Council of the City of Bakersfield to add Area 4 -132, generally described in Exhibit "A" attached hereto, to the CMD, in order to maintain local improvements including street landscaping and /or a public park; and WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1819 declared its intention to add territory to the CMD, preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed additional territory, the fairness of the benefit formula, and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 4 -132, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 4 -132 (SWC of 201h Street and F Street), to the Consolidated Maintenance District, Bakersfield, California," for this fiscal C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \6ACAE457 -1683- 4686- B851- 8C04D923059D\ PDFConvert .2482.1.Res_estab_CMD_4- 132. docx Page 1 of 3 5120115 CC AGENDA PACKET FACE 314 year on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The Council hereby adds territory, Area 4 -132 to the CMD and confirms and adopts the Public Works Director's Report, including the amounts of assessment for each assessed parcel. 3. Exhibits "A" and "B" describe the additional territory. 4. All parcels within this additional territory shall be assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscape improvements have been installed. When park and /or street landscape improvements have been completed, the appropriate park and street tiers will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. The benefit formula (Exhibit "C "), budget (Exhibit "D "), assessment roll (Exhibit "E "), and letter from the property owner(s) requesting inclusion in the CMD (Exhibit "F ") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect such assessments. 6. Beginning in the 2014 -2015 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare an annual report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement of assessments on the County tax rolls for the applicable fiscal year. Upon filing of the annual report, the Clerk shall set a hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said code. 7. The City Council hereby reserves the right to perform the work of maintenance and operation of the public improvements by City forces or by private contractor. Such determination and election is to be made for each year at the time the budget and assessment is approved for the year in question. C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \6ACAE457 -1683- 4686- B851- 8C04D923059D\ PDFConvert .2482.1.Res_estab_CMD_4- 132. docx Page 2 of 3 5120115 CC AGENDA PACKET FACE .31.E 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: COUCILMEMBER NOES: COUCILMEMBER ABSTAIN: COUCILMEMBER ABSENT: COUCILMEMBER RIVERA , MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \6ACAE457 -1683- 4686- B851- 8C04D923059D\ PDFConvert .2482.1.Res_estab_CMD_4- 132. docx Page 3 of 3 5120115 CC AGENDA PACKET FACE 316 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4 -132 Fiscal Year 2014 -2015 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as the SWC of 20th Street and F Street and as specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \B9F31E3A -1MC- 41303 -8052- 78FD668D0341 \PDFConvert. 2483 .1.PW_DIRECTOR_S_REPORT.docx EXHIBIT 1 5120115 CC AGENDA PACKET FACE 317 Index. However, parcels will not be assessed until park and /or street landscaping have been installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2014 -2015 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Director of Public Works City of Bakersfield C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \B9F31E3A -1MC- 41303 -8052- 78FD668D0341 \PDFConvert. 2483 .1.PW_DIRECTOR_S_REPORT.docx EXHIBIT 1 5120115 CC ACEN A PACKET FACE 318 LEGAL DESCRIPTION Area 4 -132 An area located in Section 25, Township 29, Range 27 M.D.B. & M., more particularly described as follows: S P R 13 -0386 1901 20th Street Bakersfield California Containing: 0.51 Acres, more or less. i *AV :ii:1111r_1 5120115 CC AGENDA PACKET FACE 319 NOT TO SCALE Wes/ L- 15 CC A GENDA PAC ET PAGE .52 U CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 (max.) R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 5120115 CC A EN A PAOl� i � E ,321 MAINTENANCE DISTRICT AREA 4 -132 Said assessment is made in accordance with the benefit formula attached hereto. 2014 -2015 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D 5120115 GG AGENDA PACKET PAGE 322 Assessor's Tax No. 003 - 361 -03 Total Date: MAINTENANCE DISTRICT AREA 4 -132 ASSESSMENT ROLL FISCAL YEAR 2014 -2015 Total amount to be collected for FY (2014 -2015) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 5120115 CC AGENDA PACKET FACE 323 crnj� Vfta"ft,:M&, x—rc Inclusion of a Subdivision into the Consolidated Maintenance District March 17, 2015 City of Bakersfield - Public Works Department Attn: Marian P. Shaw 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mrs. Shaw: RE: Inclusion of 1901 20th Street, I APN(s) 003-36103, 003-36144, 003-36105, and 003-36106, in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within the referenced APN's above hereby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04,.0121.., Enclosed is a check for $ 850 as required by the City to cover the , costs of this inclusion into the CMD. If requested, our engineer will supply you with a computer disk copy of the map for your use. We u . nderstand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the ,above property within the CMD and determining the amount of assessments. We .hereby waive our right to any and all hearings in accordance with the Brown Act, the Bakersfield Municipal Code, and/or any other law concerning the formation of, or inclusion in the '"'maintenance district". We have signed and are returning the enclosed Proposition 218 Ballot indicating our consent to the assessment. Respectfully, Damon Culbertson, President Spngera Properties., LLC. EXHIBIT F 5120115 CC AGENDA PACKET PAGE 324 RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 4 -132 (SWC OF 20TH STREET & F STREET), TO THE CONSOLIDATED MAINTENANCE DISTRICT; ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 2) WHEREAS, the Public Works Director has filed with the City Clerk the Public Works Director's Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); and WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new area reflects that portion of the cost of maintenance of public street landscaping and /or a public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on its zoning and size. WHEREAS, it is the intention of the City Council of the City of Bakersfield to add Area 4 -132, generally described in Exhibit "A" attached hereto, to the CMD, in order to maintain local improvements including street landscaping and /or a public park; and WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1819 declared its intention to add territory to the CMD, preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed additional territory, the fairness of the benefit formula, and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 4 -132, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 4 -132 (SWC of 201h Street and F Street), to the Consolidated Maintenance District, Bakersfield, California," for this fiscal C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ E77124B1- 3C4E- 40E4- B89E- 25C15FA78E68\ PDFConvert .2490.1.Res_estab_CMD_4- 133. docx Page 1 of 3 5120115 CC AGENDA PACKET FACE .32.E year on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The Council hereby adds territory, Area 4 -132 to the CMD and confirms and adopts the Public Works Director's Report, including the amounts of assessment for each assessed parcel. 3. Exhibits "A" and "B" describe the additional territory. 4. All parcels within this additional territory shall be assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscape improvements have been installed. When park and /or street landscape improvements have been completed, the appropriate park and street tiers will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. The benefit formula (Exhibit "C "), budget (Exhibit "D "), assessment roll (Exhibit "E "), and letter from the property owner(s) requesting inclusion in the CMD (Exhibit "F ") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect such assessments. 6. Beginning in the 2014 -2015 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare an annual report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement of assessments on the County tax rolls for the applicable fiscal year. Upon filing of the annual report, the Clerk shall set a hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said code. 7. The City Council hereby reserves the right to perform the work of maintenance and operation of the public improvements by City forces or by private contractor. Such determination and election is to be made for each year at the time the budget and assessment is approved for the year in question. C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ E77124B1- 3C4E- 40E4- B89E- 25C15FA78E68\ PDFConvert .2490.1.Res_estab_CMD_4- 133. docx Page 2 of 3 5120115 CC AGENDA PACKET FACE 326 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: COUCILMEMBER NOES: COUCILMEMBER ABSTAIN: COUCILMEMBER ABSENT: COUCILMEMBER RIVERA , MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ E77124B1- 3C4E- 40E4- B89E- 25C15FA78E68\ PDFConvert .2490.1.Res_estab_CMD_4- 133. docx Page 3 of 3 5120115 CC AGENDA PACKET FACE 327 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4 -133 Fiscal Year 2014 -2015 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as the SEC of Gilmore Avenue & Buck Owens Boulevard and as specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \A78B2CEB -648A- 4962 -87D0- 2FCB 1404ECA3 \PDFConvert. 2491 .1.PW_DIRECTOR_S_REPORT.docx EXHIBIT 1 5120115 CC AGENDA PACKET FACE 328 Index. However, parcels will not be assessed until park and /or street landscaping have been installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2014 -2015 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Director of Public Works City of Bakersfield C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \A78B2CEB -648A- 4962 -87D0- 2FCB 1404ECA3 \PDFConvert. 2491 .1.PW_DIRECTOR_S_REPORT.docx EXHIBIT 1 5120115 CC AGENDA PACKET FACE 329 LEGAL DESCRIPTION Area 4 -133 An area located in Section 23, Township 29, Range 27 M.D.B. & M., more particularly described as follows: S P R 14 -0391 3012 Buck Owens Blvd Bakersfield California Containing: 1.77 Acres, more or less. i *AV :ii:1111r_1 5120115 CC AGENDA PACKET FACE 330 Rlftl NOT TO SCALE GH-HOF�,E-A, EXHIBITT" I 5120115 CC AGENDA PACKET PAGE 331 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 (max.) R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 5120115 CC A EN A PA Old i FE E ,3,32 MAINTENANCE DISTRICT AREA 4 -133 Said assessment is made in accordance with the benefit formula attached hereto. 2014 -2015 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D 5120115 GG AGENDA PACKET PAGE 333 Assessor's Tax No. 332 - 100 -11 -001 Total Date: MAINTENANCE DISTRICT AREA 4 -133 ASSESSMENT ROLL FISCAL YEAR 2014 -2015 Total amount to be collected for FY (2014 -2015) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 5120115 CC AGENDA PACKET FACE 334 Inclusion of a Subdivision into the Consolidated Maintenance District March 12, 2015 City of Bakersfield - Public Works Department Attn: Marian P. Shaw 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mrs. Shaw: RE: Inclusion of SPR 14-0391 in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within SPR 14-0391 hereby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $850.00 as required by the City to cover the costs of this inclusion into the CMD. If requested, our engineer will supply you with a computer disk copy of the map for your use. We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for 1 2015 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. Re pectffaf Corey I arks Secretary SFP-E, LLC =YwRIT F 5120115 CC AGENDA PACKET PAGE 335 RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 4 -132 (SWC OF 20TH STREET & F STREET), TO THE CONSOLIDATED MAINTENANCE DISTRICT; ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 2) WHEREAS, the Public Works Director has filed with the City Clerk the Public Works Director's Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); and WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new area reflects that portion of the cost of maintenance of public street landscaping and /or a public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on its zoning and size. WHEREAS, it is the intention of the City Council of the City of Bakersfield to add Area 4 -132, generally described in Exhibit "A" attached hereto, to the CMD, in order to maintain local improvements including street landscaping and /or a public park; and WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1819 declared its intention to add territory to the CMD, preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed additional territory, the fairness of the benefit formula, and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 4 -132, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 4 -132 (SWC of 201h Street and F Street), to the Consolidated Maintenance District, Bakersfield, California," for this fiscal C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ B4AOCEA3- 9D1 C- 401 B- B104- CB7041447DDF\ PDFConvert .2498.1.Res_estab_CMD_5- 78.docx Page 1 of 3 5120115 CC AGENDA PACKET FACE 336 year on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The Council hereby adds territory, Area 4 -132 to the CMD and confirms and adopts the Public Works Director's Report, including the amounts of assessment for each assessed parcel. 3. Exhibits "A" and "B" describe the additional territory. 4. All parcels within this additional territory shall be assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscape improvements have been installed. When park and /or street landscape improvements have been completed, the appropriate park and street tiers will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. The benefit formula (Exhibit "C "), budget (Exhibit "D "), assessment roll (Exhibit "E "), and letter from the property owner(s) requesting inclusion in the CMD (Exhibit "F ") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect such assessments. 6. Beginning in the 2014 -2015 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare an annual report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement of assessments on the County tax rolls for the applicable fiscal year. Upon filing of the annual report, the Clerk shall set a hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said code. 7. The City Council hereby reserves the right to perform the work of maintenance and operation of the public improvements by City forces or by private contractor. Such determination and election is to be made for each year at the time the budget and assessment is approved for the year in question. C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ B4AOCEA3- 9D1 C- 401 B- B104- CB7041447DDF\ PDFConvert .2498.1.Res_estab_CMD_5- 78.docx Page 2 of 3 5120115 CC AGENDA PACKET FACE 337 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: COUCILMEMBER NOES: COUCILMEMBER ABSTAIN: COUCILMEMBER ABSENT: COUCILMEMBER RIVERA , MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ B4AOCEA3- 9D1 C- 401 B- B104- CB7041447DDF\ PDFConvert .2498.1.Res_estab_CMD_5- 78.docx Page 3 of 3 5120115 CC AGENDA PACKET FACE 338 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 5 -78 Fiscal Year 2014 -2015 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as the 3000 Gateway Avenue and as specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \CA25F4F3 - 6715- 4A01 -93A8- 21579E2220D3 \PDFConvert.2499.1.PW_DI RECTOR_S_REPORT.docx EXHIBIT 1 5120115 CC AGENDA PACKET FACE 339 Index. However, parcels will not be assessed until park and /or street landscaping have been installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2014 -2015 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Director of Public Works City of Bakersfield C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \CA25F4F3 - 6715- 4A01 -93A8- 21579E2220D3 \PDFConvert.2499.1.PW_DI RECTOR_S_REPORT.docx EXHIBIT 1 5120115 CC AGENDA PACKET FACE 340 LEGAL DESCRIPTION Area 5 -78 An area located in Section 4, Township 30, Range 28 M.D.B. & M., more particularly described as follows: Site Plan Review 14 -0079 3000 Gateway Avenue Bakersfield California Containing: 5.6 Acres, more or less. i *AV :ii:1111r_1 5120115 CC AGENDA PACKET FACE 341 `Rlft EXHIBITT" I 5120115 CC AGENDA PACKET PAGE 341 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 (max.) R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 5120115 CC A EN A PAOl� i FE E ,34,3 MAINTENANCE DISTRICT AREA 5 -78 Said assessment is made in accordance with the benefit formula attached hereto. 2014 -2015 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D 5120115 GG AGENDA PACKET PAGE 344 Assessor's Tax No. 167- 010 -22 -003 Total Date: MAINTENANCE DISTRICT AREA 5 -78 ASSESSMENT ROLL FISCAL YEAR 2014 -2015 Total amount to be collected for FY (2014 -2015) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 5120115 CC AGENDA PACKET FACE 34.E March 6, 2015 WDUCTS I C. City of Bakersfield — Public Works Department Attn: Marian P. Shaw 1600 Truxtun Avenue Bakersfield, CA 93301 Dear Mrs. Shaw: CENTRAL VALLEY 3000 Gateway Avenue, Bakersfield, CA 93307 tel (661) 397 -9155 fax (661) 397 -9150 Toll Free: 1- 888- ENG -POWR SOUTHERN CALIFORNIA 6010 N. Paramount Blvd. Long Beach, CA 90805 -3711 tel (562) 630 -8399 fax (562) 630 -8972 NORTHERN CALIFORNIA 1542Tanforan Avenue Woodland, CA 95776 tel (530) 666 -6624 fax (530) 661 -1226 Toll Free: 1 -80D- 608 -5993 - www.wppdieseLcom RE: Inclusion of Parcel Map 7744 Parcel 31n a Consolidated Maintenance District (CMD) I, the undersigned, as owner of the property included within Parcel Map- No. 7744 Parcel 3 hereby request that the property. be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04:021: Enclosed is a check for $E315tbs required by the City to cover costs of this inclusion into the 'CMD. If requested, our engineer will supply you with a. computer disk copy of the map for your, use. I understand that under Proposition 218 and Government Code section. 53753 ("applicable law'j, a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further `understand that the hearing is. scheduled for , 2015 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice, of that hearing. Respectfully, R.- e • 1 .Factory Authorized Engine & Drivetrain Distributor Aimik MLVANMAR E?igines 5120115 CC A EN A PACKET FAA E 346 fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 CONSENT -Resolutions k. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/30/2015 WARD: Ward(s) 1, 6 SUBJECT: Resolutions of Intention (ROI) adding the following territories to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report for each: 1. ROI No. 1843 adding Area 2 -60 (4516 District Boulevard) 2. ROI No. 1844 adding Area 4 -134 (318 S. Owens Street) 3. ROI No. 1845 adding Area 4 -135 (1415 & 1422 E. 9th Street) STAFF RECOMMENDATION: Staff recommends adopting the resolutions of intention. BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the parcels to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territories be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner(s) of the properties described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor - Recorder's Office upon approval of this Resolution. 5120115 CC AGENDA PACKET PAGE 347 ATTACHMENTS: Description D RO|#1843 Adding Area 2-80to the CK4D D MD 2-60 Exhibit D MD 2-80 Exhibit D MD 2-60 Exhibit D MD 2-60 Exhibit D MD 2-60 Exhibit O MD 2-60 Exhibit D MD 2-60 Exhibit D RO|#1844 Adding Area 4-134to the CK4D D MD 4-134 Exhibit 1 D MD 4-134 Exhibit D MD 4-134 Exhibit B D MD 4-134 Exhibit U MD 4-134 Exhibit D D MD 4-134 Exhibit E D MD 4-134 Exhibit F D RO|#1845 Adding Area 4-135to the CK4D D K4D4-135 Exhibit 1 D K4D4-135 Exhibit A D K4D4-135 Exhibit B D K4D4-135 Exhibit C O K4D4-135 Exhibit D D K4D4-135 Exhibit E D K4D4-135 Exhibit F Type Reeo|ufion Exhibit Ezhib�t Ezhib�t Ezhib�t Ezhib�t Ezhib�t Ezhib�t Reeo|ufion Exhibit Ezhib�t Ezhib�t Ezhib�t Ezhib�t Ezhib�t Ezhib�t Reeo|ufion Exhibit Ezhib�t Ezhib�t Ezhib�t Ezhib�t Ezhib�t Ezhib�t 5120115 CC AGENDA PACKET PAGE 348 RESOLUTION OF INTENTION NO. 1843 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 2 -60 (4516 DISTRICT BOULEVARD) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 6) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and /or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 2 -60 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit "l," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A "; S:VROJECTS\MAINDIST \Formation Documents \MD 2- 60 \R0I 1843 EST CMD.docx Page 1 of 3 5120115 CC AGENDA PACKET FACE 349 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; c) The benefit formula attached hereto as Exhibit "C "; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F "; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. S:VROJECTS\MAINDIST \Formation Documents \MD 2- 60 \R0I 1843 EST CMD.docx Page 2 of 3 5120115 CC AGENDA PACKET FACE 350 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 NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:\PROJECTS\MAINDIST \Formation Documents \MD 2- 60 \ROI 1843 EST CMD.docx Page 3 of 3 5120115 CC AGENDA PACKET FACE 351 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 2 -60 Fiscal Year 2014 -2015 Addition of territory to the Consolidated Maintenance District, as show described as 4516 District Boulevard and as specifically shown on Map Diagram marked Exhibit "B," attached hereto and incorporated herein though fully set forth, as an area within the City of Bakersfield. n in Exhibit "A" is and Assessment by reference as Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price S:\PROJECTS\MAINDIST \Formation Documents \MD 2 -60 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 5120115 CC AGENDA PACKET FACE 352 Index. However, parcels will not be assessed until park and /or street landscaping have been installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2014 -2015 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Director of Public Works City of Bakersfield S:\PROJECTS\MAINDIST \Formation Documents \MD 2 -60 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 5120115 CC AGENDA PACKET FACE 353 LEGAL DESCRIPTION Area 2 -60 An area located in Section 14, Township 30, Range 27 M.D.B. & M., more particularly described as follows: S P R 14 -283 4516 District Blvd Bakersfield California Containing: 0.83 Acres, more or less. i *AV :ii:1111r_1 5120115 CC AGENDA PACKET FACE 354 MAP AND ASSESSMENT DIAGRAM FOR ADDITION OFTERRITORY (AREA 2--60)'TOTHE CONSOLIDATED MAINTENANCE DISTRIcl- BAKERSFIELD, CALIFORNIA Rlftl NOT TO SCALE 512 0115 CC A GENDA PA CKET PA GE 355 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll. Total Assessment $_ ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee) Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 max. R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S- l 0A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 5120115 CC A EN A PA 356 MAINTENANCE DISTRICT AREA 2 -60 Said assessment is made in accordance with the benefit formula attached hereto. 2014 -2015 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D 5120115 GG AGENDA PACKET PAGE 357 Assessor's Tax No. 404 - 120 -18 -002 Total Date: MAINTENANCE DISTRICT AREA 2 -60 ASSESSMENT ROLL FISCAL YEAR 2014 -2015 Total amount to be collected for FY (2014 -2015) $0.00 0 $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 5120115 CC AGENDA PACKET FACE 358 ELYTE, INC. Dba: QUALITY POWDER COATING 4516 District Blvd. Bakersfield, CA 93313 661.832.1000 P 661.832.1002 F City of Bakersfield — Public Works Department Attn: Marian P. Shaw 1501 Truxtun Avenue Bakersfield, CA 93301 RE: Inclusion of PhgC,6L juag-tc-12 No. 1 S -0�567 Dear Ms. Shaw: We, the undersigned, as owner of the property included within PARR L Ming(: e p No. l 5 ~ 00 a7 hereby request that the property be included within the Consolidated Maintenance District (CMD). This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is the payment of $ 915 as required by the City to cover the costs of this inclusion into the CMD. If requested, our engineer will supply you with a computer disk copy of the map for your use. We understand that under Proposition 218 and Government Code Section 53753 (applicable law), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for 2015 at 5:15 p.m. in the City Council Chambers located at 1501 Truxtun, Bakersfield, CA 93301, and hereby waive our right to further notice of that hearing. es Ily, o izca� resident /Owner 5120115 CC AGENDA PACKET PAGE 359 RESOLUTION OF INTENTION NO. 1844 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4 -134 (318 S. OWENS STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 1) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and /or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 4 -134 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit "l," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A "; S:VROJECTS\MAINDIST \Formation Documents \MD 4- 134 \ROI 1844 EST CMD.docx Page 1 of 3 5120115 CC AGENDA PACKET FACE 360 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; c) The benefit formula attached hereto as Exhibit "C "; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F "; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. S:VROJECTS\MAINDIST \Formation Documents \MD 4- 134 \ROI 1844 EST CMD.docx Page 2 of 3 5120115 CC AGENDA PACKET FACE 361 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 NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:\PROJECTS\MAINDIST \Formation Documents \MD 4- 134 \ROI 1844 EST CMD.docx Page 3 of 3 5120115 CC AGENDA PACKET FACE 362 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4 -134 Fiscal Year 2014 -2015 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as the 318 S. Owens Street and as specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscaping have been S: \PROJECTS\MAINDIST\Formation Documents \MD 4- 134 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 5120115 CC AGENDA PACKET FACE 363 installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2014 -2015 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Director of Public Works City of Bakersfield S: \PROJECTS \MAINDIST\ Form at ion Documents \MD 4- 134 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 5120115 CC AGENDA PACKET FACE 364 LEGAL DESCRIPTION Area 4 -134 An area located in Section 32, Township 29, Range 28 M.D.B. & M., more particularly described as follows: S P R 14 -0430 318 S. Owens Street Bakersfield California Containing: 0.14 Acres, more or less. i *AV :ii:1111r_1 5120115 CC AGENDA PACKET FACE ,36.E `Rlft NOT TO SCALE EXHIBITT" I 5120115 CC AGENDA PACKET PAGE 361 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll. Total Assessment $_ ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee) Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 max. R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S- l 0A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 5120115 CC A EN A PAOl Fi F;A E 367 MAINTENANCE DISTRICT AREA 4 -134 Said assessment is made in accordance with the benefit formula attached hereto. 2014 -2015 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D 5120115 GG AGENDA PACKET PAGE 368 Assessor's Tax No. 018- 220 -06 -001 Total Date: MAINTENANCE DISTRICT AREA 4 -134 ASSESSMENT ROLL FISCAL YEAR 2014 -2015 Total amount to be collected for FY (2014 -2015) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 5120115 CC AGENDA PACKET FACE 369 Inclusion of a Subdivision into the Consolidated Maintenance District Ayala Holdings Corporation 1731 Hasti Acres Dr Ste 208 Bakersfield, CA 93309 City of Bakersfield - Public Works Department Attn: Marian P. Shaw 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mrs. Shaw: RE: Inclusion of (choose one of the following) T-FaGt Map - PaFcel Map - PaFeel Map Wa*veF No.. SPR # 14-0430 in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within (choose one of the following) :TFaGt Map - PaFGel Map - 12.Ara-A-1 Map WaiYeF - SPR # 14-0430 hereby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $ 850.00 as required by the City to cover the costs of this inclusion into the CMD. If requested, our engineer will supply you with a computer disk copy of the map for your use. We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for 1 2015 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. Respectfully, 3 Aya Holdin la • Corporation Cvulmrr r- 5120115 CC AGENDA PACKET PAGE 370 RESOLUTION OF INTENTION NO. 1845 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4 -135 (1415 & 1422 E. 9T" STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 1) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and /or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 4 -135 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit 1," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A "; S: \PROJECTS\MAINDIST\Formation Documents \MD 4- 135 \ROI 1845 EST CMD.docx Page 1 of 3 5120115 CC AGENDA PACKET FACE 371 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; c) The benefit formula attached hereto as Exhibit "C "; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F "; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. S: \PROJECTS\MAINDIST\Formation Documents \MD 4- 135 \ROI 1845 EST CMD.docx Page 2 of 3 5120115 CC AGENDA PACKET FACE 372 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 NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S: \PROJECTS \MAINDIST\ Form at ion Documents \MD 4- 135 \ROI 1845 EST CMD.docx Page 3 of 3 5120115 CC AGENDA PACKET FACE 373 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4 -135 Fiscal Year 2014 -2015 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as the 1415 & 1422 E. 91h Street and as specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and /or street landscaping have been S: \PROJECTS\MAINDIST\Formation Documents \MD 4- 135 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 5120115 CC AGENDA PACKET FACE 374 installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2014 -2015 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Director of Public Works City of Bakersfield S: \PROJECTS \MAINDIST\ Form at ion Documents \MD 4- 135 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 5120115 CC AGENDA PACKET FACE 37.E LEGAL DESCRIPTION Area 4 -135 An area located in Section 32, Township 29, Range 28 M.D.B. & M., more particularly described as follows: S P R 14 -0426, 14 -0431 1415 E. 9th Street, 1422 E. 9th Street Bakersfield California Containing: 0.3 Acres, more or less. i *AV :ii:1111r_1 5120115 CC AGENDA PACKET FACE 376 NOT TO SCALE EXHIBIT "B" I 5120115 CC AGENDA PACKET PAGE 377 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 (max.) R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 5120115 CC A EN A PAOl� i FE E ,37$ MAINTENANCE DISTRICT AREA 4 -135 Said assessment is made in accordance with the benefit formula attached hereto. 2014 -2015 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D 5120115 GG AGENDA PACKET PAGE 379 Assessor's Tax No. on 073 I 1II Total Date: MAINTENANCE DISTRICT AREA 4 -135 ASSESSMENT ROLL FISCAL YEAR 2014 -2015 Total amount to be collected for FY (2014 -2015) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 5120115 CC AGENDA PACKET FACE 38 Inclusion of a Subdivision into the Consolidated Maintenance District Winmark LLC X4. C. -J, CA" RC-A,4- 10 V/ Cam' I-C-7-*- / co- '93117 City of Bakersfield - Public Works Department Attn: Marian P. Shaw 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mrs. Shaw: RE: Inclusion Of (choose one of the following) T-FaGt Map - PeFGel Map A PaFoel Map Waiver- NO.. SPR # 14-0426 in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within (choose one of the following) TmGt Map - ParGel Map - ParGel Map WaiYeF - . SPR # 14-0426 hereby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $ 850.00 as required by the City to cover the costs of this inclusion into the CMD. If requested, our engineer will supply you with a computer disk copy of the map for your use. We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for 0 2015 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. Resp tfully, Winmark LLC 5120/1..% CC A G END PA CXTi'P'A*'G'E' 3 81 Inclusion of a Subdivision into the Consolidated Maintenance District Ayala Holdings Corporation 1731 Hasti Acres Dr Ste 208 Bakersfield, CA 93309 City of Bakersfield - Public Works Department Attn: Marian P. Shaw 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mrs. Shaw: RE: Inclusion of (choose one of the following) T-FaGt Map - PaFG91 Map - PaFG91 SPR # 14-0431 in a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within (choose one of the following) :TFaGt Map - PaFGel Map - PaFG91 Map WaiYeF - . SPR # 14-0431 hereby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $ 850.00 as required by the City to cover the costs of this inclusion into the CMD. If requested, our engineer will supply you with a computer disk copy of the map for your use. We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for 1 2015 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. Respectfully, TYMWo 51d i n g es- C o-'Lj"211"r C 5120115 CC AGENDA PACKET PAGE 382 fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 CONSENT -Agreements I. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/15/2015 WARD: Ward 3 SUBJECT: Agreement with PG &E ($12,007.00) to purchase 18 streetlights located along Kimberly Avenue and Hooper Avenue in order to realize electricity cost savings. STAFF RECOMMENDATION: Staff recomends approval of agreement. BACKGROUND: Streetlights in the unincorporated areas of Kern County are owned and maintained by PG &E. When property is annexed into the City, the City requests to purchase the streetlights from PG &E since the electricity rates are much more favorable, going from approximately $11.00 per month to $4.58 for a standard 70 Watt streetlight. In addition, the City can be more responsive to repair, maintenance and operational issues since the City owns the lights. This agreement would ordinarily not come before Council for approval as the amount the City will be required to pay PG &E for acquisition of the streetlights does not exceed $40,000. However, in line with Council policy, the item is before Council due to the fact that the agreement requires the City to indemnify PG &E for potential liabilities related to the streetlights, which in some cases may extend to liabilities occurring prior to the City's acquisition. Such liability includes the existence of potentially hazardous substances. Public Works staff has investigated the streetlights being acquired and is satisfied that there is little risk that the streetlights contain any hazardous substances. Sufficient funds are budgeted to cover the costs associated with this agreement. Capital Outlay funds provide the funding source for this agreement. ATTACHMENTS: Description D Purchase and Sale Agreement PG &E D Exhibit A - Description of Facilities D Exhibit B - Bill of Sale Type Agreement Exlh li Ike lit Exlh li Ike lit 5120115 CC AGENDA PACKET PAGE 383 j&14 m-- I P3 The City of Bakersfield A Municipal Corporation and a Charter City 5120115 CC AGENDA PACKET PAGE 384 PURCHASE AND SALE AGREEMENT (Sale of Streetlight Facilities) 5120115 CC AGENDA PACKET PAGE 385 K(121-11911FOIA U10 10111"W11110 Pqge 1. DEFINITIONS ......... ......... 1 2. PURCHASE AND, SALE OF FACILITIES....- ........ ............. - -4 1 PURCHASE PRICE AND OTHER COSTS ........................... ............................... 4 11 Purchase Price . ......... - ... - ...... 3.2 Severance Costs . ........ - .......... ...... - ... - 4 3.3 Taxes ... .......... -- ...... -5 4. CONDITIONS PRECEDENT 6 4.1 ... ....... ......... - Conditions to Buyer's Obligations ............. - ............. ............. -- ....... 6 4.2 Conditions, to PG&E's Obligations... ............ - ............. .......... ............. 6 4.3 CPUC Approval ...... ........ .... - ............ - ......... ................. --- ........ -- ..... 7 4.4 Satisfaction or Waiver of Conditions -- ............... ........... ............ 7 5 CONDITION OF FACILITIES .. ...... - ..................... 7 5.1 prior I n spectio n . - . ......... ........... -- .......... --- ............. ........ 7 5.2 Compliance with Legal Requirements and Governmental Approvals., ..... . 7 5.3 Disclosure Regarding Hazardous Substances.... ............ ---- ............ - - 8 5.4 Disclaimers Regarding the Facilities ............. ............... ............................... 8 5.5 "AS IS" SALE .... .......... 8 5.6 Maintenance of Facilities Pending Closing.... -- ........... -- ......... ....... 9 6, CLOSING ...... - ............. 9 6.1 Closing Date....... ...... .............. .............. ........................ ....... - 9 6.2 Delivery of Funds and Documents .... .......... ....... .............................. 9 6.3 Assumption of Liabilities .... ............... --- .......... --- .... ......... ...... 10 6.4 Warranty of Title ...... -- ............ ........... ..... ................ ........ 10 6.5 Survival ........ ....... ........... ...... -- ......... ....... ...... 10 7. RELEASE. ... ............. ......... ........ ........ .......... ........ ........ ...... .... 10 7.1 Release ........... ....... ....... .................................................. .... 10 7.2 Statutory Waiver ..... .... -- ............... - ........................................ .... 10 7.3 Survival ....... --- ........ ............... 11 8. INDEMNITY ............ .............. ....... 11 9. MISCELLANEOUS .... ......... -- ...... ...... ... ---- 11 9.1 Time of Essence ... ................ ..................... 11 9.2 Further Assura nces . .................. ............................... 11 9.3 Binding Effect; Assignment .... - .... .......................................... 11 9.4 Severability ............. ... -- ................ ..................... -- ................. ......... 12 9.5 Governing Laws, ........... .................. ...................... .............. -_. 12 9.6 Counterparts .... ........... ...... ................ .......... -, 12 5120115 CC AGENDA PACKET PAGE 386 9.7 Notices . . ........... .......... ....... ........... ......... — .......... -- .......... . 12 9.8 Attorneys" Fees . ......... .......... 1. — . . . .......... I— ...... --- ...... --- ... __ 12 9-9: Limitation on Liability........ ............ ........................... ........ -- ..... 13 9.10 Statute of Limitations ... -- ............ .............................. — ............ — ....... 13 9.11 Exhibits....... ........ ....... ........ ................. -- .............. -- .............. ........ 13 9.12 Arbitration .......... ........ -,-- ............. ....... ........... -- .............. - 13 9.13 Interpretation.. . .......... ......... .................... ......... ............... — ....... 13 9.14 Survival ...... .............. ....... ................ ............................. --- ........ 13 9.15 Aultho�rity, ..... ....... ...... ................ ....... ....... ...... 14 9.16 Prior Agreements ...... -- .............. ................... -- ...... 14 5120115 CC AGENDA PACKET PAGE 387 DISTRIBUTION: REFERENC #riginal Svc Plng ORDER NO. Copy Division AP NO. Copy PG&E D&C NO. THIS PURCHASE AND SALE AGREEMENT (this "Agreement!') is made and entered into as of this __ day of 20_, the ("Effective Date") by and between PACIFIC GAS AND ELECTRIC COMPANY, a California corporation ("PIG&E"), and The City of Bakersfield orporation, a Charter City ("Buyer"). X PG&E currently owns eighteen (18) electric streetlight facilities (collectively, the "Facilities") located in the City of Bakersfield, which represents all remaining streetlight facilities owned by PG&E located within certain territory that has been annexed to city. A detailed listing of the Facilities to be transferred and a description of the approximate location of such facilities is provided in Exhibit A attached hereto and incorporated by reference. B. The Facilities are no longer necessary to PG&E in the performance of its duties to the public. C. Buyer has expressed a desire to purchase the Facilities, and PG&E is willing to sell the Facilities, to Buyer on the terms and conditions set forth, in this Agreement NOW, THEREFORE, in consideration of the respective covenants and agreements contained in this Agreement, PG&E and Buyer each agree as follows: 1. DEFINITIONS, The following terms shall have the meanings ascribed to them below for purposes of this Agreement: iijp�1111 1111111111111!1111!111111 lillilllii� 111 !11 11 1111111! 111 iiiiiiiiiji I III, 11111ii!I111 111111 I • 11.2 Bill of Sale. "Bill of Sale" means a document transferring title to the Facilities to Buyer, which document shall be substantially in the form of Exhibit B attached hereto. 1.3 Business Day. "Business Day" means a day other than Saturday, PG&E is closed for business. ilttjlllll� I I I I i I I I I I � I I i i I i 111 1! 1 1 1 1! i 1 1 1 1 111 1 1 IjI!I 0 4 1.5 CE!2A. "CEQX has the meaning given in Section 5.2. 5120115 CC AGENDA PACKET PAGE 388 A 02 MMU 1.8 9C1120aS!aa_PALe. "Closing Date" means the date PG&E delivers the Bill of Sale to Buyer. 1.9 —CPUC. "CPUC" means the California Public Utilities Commission, or its regulatory successor, as applicable, 1.10 gelg�q ,oval. "CPUC Approval" means final, unconditional approval (including exhaustion of all administrative and judicial remedies or the running of time periods and statutes of limitation for rehearing and judicial review without rehearing or judicial review being sought) of this Agreement and the transactions contemplated hereby on terms and conditions acceptable to PG&E in its good faith discretion, including approval of PG&E's proposed accounting and ratemaking treatment of the sale. 1.111 CFUC- A oval Duate. "CPUC Approval Date" means the date on which CPUC approval of this Agreement and the transactions contemplated hereby on terms and conditions acceptable to PG&E in its good faith discretion, including approval of PG&E's proposed accounting and ratemaking treatment of the sale, becomes final, unconditional and unappealable (including exhaustion of all administrative and judicial remedies or the running of time periods and statutes of limitation for rehearing and judicial review without rehearing or judicial review being sought). 1.12 Effective Date. "Effective Date" has the meaning given in the preamble paragraph. 1.13 Environmental _R2gyjLqM1nLs. "Environmental Requirements" means any applicable statutes, regulations or ordinances now in force or that may later be in force relating to the protection of human health or safety, or regulating or relating to industrial hygiene or environmental conditions, or the protection of the environment, or pollution or contamination of the air, soil, surface water or groundwater, including laws, requirements and regulations pertaining to reporting, licensing, permitting, investigating and reirnediating emissions, discharges, releases or threatened releases of such substances into the air, surface water, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of such substances. Environmental Requirements include: the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. § 9601 et se q.) ("CERCLA"); the Hazardous Materials Transportation Act (49 'U S.C. § 5101 et seq.); the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et sue.); the Federal "Water Pollution Control Act (33 U.S.C. § 1251 et se.)„ the Clean Air Act (42 U.S.C. § 7401 et �jeg.); the Clean Water Act (33 U.S.C. §§1251 et M.); the Toxic Substances Control Act (115 U.S.C. § 2601 et M.)* the Oil Pollution Act (33 U.S.C. § 2701 et sue.); the Federal Insecticide, Fungicide, and Rodenticide Act, (7 U.S.C. §§136 et �i, the Emergency Planning and Community Right-to-Know Act (42 U.S.C. § 11001 et sue.); the Porter-Cologne Water Quality Control Act (Cal. Wat. Code § 13020 et sue.); the Safe Drinking Water and Toxic Enforcement Act of 1986 (Cal. Health & Safety Code— § 25249.5 et seq.); the Carpenter-Presley-Tanner Hazardous Substance Account Act (Health and Safety Code §§25300 et seq.), and the Hazardous Waste Control Act (Cal. Health & Safety Code § 25100 et 1.14 Excluded Taxes. "Excluded Taxes" means (a) Taxes (other than any sales, use, gross receipts, transfer or property Taxes, or any Taxes in the nature of sales, use, gross receipts, transfer or property Taxes) imposed on PG&E that are capital gains Taxes, 5120115 CC AGENDA PACKET PAGE 389 minimum or alternative minimum Taxes, accumulated earnings Taxes, franchise Taxes or Taxes on or measured by gross or net income, capital or net worth of PGI&E- and (b) property Taxes to the extent the payment is addressed in Section 3.4(b), and is not required to be reimbursed to PG&E by Buyer. 1.15 Estimated Clq§jOg_Pgk. "Estimated; Closing Date" has the meaning given in Section 6.1. 1.16 EFa_cffities. "Facilities" has the meaning given in Recital Paragraph A. 1.17 Governmental Authority. "Governmental Authority" means any federal, state, local or other governmental, regulatory or administrative agency, commission, department, board, subdivision, court, tribunal, or other governmental arbitrator, arbitral body or other authority. 1.18 Hazardous Substances, "Hazardous Substances" means any hazardous or toxic material or waste, which is or becomes regulated by Environmental Requirements. Without limiting the generality of the foregoing, Hazardous Substances include any material or substance'. (a) now or hereafter defined as a "hazardous substance," "hazardous waste," "hazardous material," "extremely hazardous waste," "restricted hazardous waste" or "toxic substance" or words of similar import under any applicable Environmental Requirements; or (b) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous, and is now or hereafter regulated as a Hazardous Substance by the United States, the State of California, any local governmental authority or any political subdivision thereof, or which cause, or are listed by the State of California as being known to the State of California to cause, cancer or reproductive toxicity; or (c) the presence of which poses or threatens to pose a hazard to the health or safety of persons or to the environment; or (d) which contains gasoline, diesel fuel or other petroleum hydrocarbons; or (e) which contains lead-based paint or other lead contamination, polychlorinated biphenyls ("PCBs") or asbestos or asbestos-containing materials or urea formaldehyde foam insulation; or (f) which contains radon gas; (g) fuel or chemical storage tanks, energized electrical conductors or equipment, or natural gas transmission or distribution pipelines; and (h) other potentially hazardous substances, materials, products or conditions, hereto, 1.20, Leciall Reauirements. "Legal Requirements" means all laws, statutes, ordinances, rules, regulations, requirements or orders of any Governmental Authority now in force or that may later be in force, and the conditions of any permit, certificate, license or other approval issued by public officers relating to the Facilities, including Environmental Requirements. 1.21 PG&E Parties. "PG&E Parties" means PG&E and/or each and all of its past, present and future officers, directors, partners, employees, agents, representatives, shareholders, attorneys, affiliates, parent and subsidiary corporations, divisions, insurance carriers, heirs, legal representatives, beneficiaries, executors, administrators, predecessors, transferees, successors and assigns. 5120115 CC AGENDA PACKET PAGE 390 radiation, power frequency fields, and extremely low frequency fields, however designated, and whether emitted by electric transmission lines, other distribution equipment or otherwise, 1.23 Purchase Price. "Purchase Price" has the meaning given in Section 3.1. 1.24 Severance Costs. "Severance Costs" has the meaning given in Section 3.2. 1.25 Tax Claim. "Tax Claim" has the meaning given in Section 3,3(-' �Ul 1.26 Taxes'. "Taxes" mean all federal, state, local or foreign income, ad valorem, gross receipts, license, payroll, employment, excise, severance, stamp, occupation, premium, windfall profits, environmental, customs duties, capital stock, franchise, profits, withholding, social security (or similar), unemployment, disability, real property (including assessments, special assessments, special district assessments, escape assessments, benefit assessments and maintenance assessments, fees or other charges or surcharges of any nature based on the use or ownership of real property), personal property, sales, use, documentary transfer, registration, value added, alternative and add-on minimum, estimated taxes, and all other taxes of any kind whatsoever, including all interest, penalties, fines and additions thereto, whether disputed or not, including all items for which liability arises as a transferee or successor-in-inteirest. Subject to the terms and conditions of this Agreement, PG&E agrees to sell, convey, assign, transfer and deliver to Buyer, and Buyer agrees to purchase and acquire from PG&E, all of PG&E's right, title and interest in the Facilities. 3.1 Purchase Price. Subject to adjustment as provided in this Section 31, the purchase price ("Purchase Price") for the Facilities is Ten Thousand Seven Hundred Twenty Three Dollars ($10,723,00). The Purchase Price is based upon the Facilities existing on the Effective Date. If any additions to or retirements from the Facilities are made after the Effective Date and prior to the Closing Date, the Purchase Price shall be adjusted upward or downward, as the case, may be, in accordance with the Reproduction Cost New Less Depreciation method of valuing assets, using eight point zero six percent (8,06%) present worth depreciation. PG&E shall provide Buyer with written notice of the adjusted Purchase Price no later than the ten (10) Business, Days after the CPUC Approval Date. If the Purchase Price is adjusted upward by more than ten percent (10%), Buyer may terminate this Agreement without further liability by providing written notice to PG&E within ten (10) Business Days of Buyer's receipt of notice of the adjusted Purchase Price, 3.2 Severance Costs, In addition to the Purchase Price, Buyer shall pay to PG&E the sum of One Thousand Two Hundred Eighty Four Dollars ($1,284.00) to reimburse PG&E for the cost of physically separating the Facilities from the balance of PG&E's distribution facilities ("Severance Costs"). 5120115 CC AGENDA PACKET PAGE 391 (a) Except for any Excluded Taxes for which Buyer will have no liability, Buyer shall pay all Taxes arising in connection with the sale and transfer of the Facilities (or any part thereof), this Agreement or the transactions contemplated herein, or the receipt of the Purchase, Price or other amounts hereunder, regardless of whether levied or imposed on or with respect to PG&E, Buyer or all or any part of the Facilities or any use thereof, and regardless of when such Taxes are levied or imposed, [Without limiting the generality of the foregoing, Buyer shall pay PG&E a charge to cover PG&E's estimated liability for federal and state income tax on the severance work, calculated at the tax factor approved by the CPUC for the Income Tax Component of Contributions, if applicable.] (b) State and local personal property Taxes relating to the Facilities for the tax year (ending June 30) will be prorated between Buyer and PG&E on the following basis: PG&E is to be responsible for all such Taxes for the period up to the Closing Date; and Buyer is responsible for all such Taxes for the period on and after the Closing Date. All Taxes assessed on an annual basis will be prorated on the assumption that an equal amount of Taxes applies to each day of the year, regardless of how any installment payments are billed or made, except that Buyer will bear all supplemental or other state and local personal property Taxes which arise out of a change in ownership of the Facilities. In addition, Buyer acknowledges that the Facilities are assessed by the California State Board of Equalization as of January I of each year, and, if the Closing occurs between January I and June 30, PG&E must pay personal property taxes arising out of the ownership of the Facilities for the subsequent fiscal year. If the Closing occuirs, between January 1 and June 30, Buyer will deposit with PG&E the full amount to pay personal property taxes for the tax year beginning on July 1, in addition to the prorated amount of personal property taxes for the current tax year (ending June 30), and PG&E will pay the personal property taxes for these tax years before they become delinquent; provided however, that PG&E may pay such taxes in installments as permitted by law. If the personal property taxes, for the tax year beginning on July 1 are not available as of the Closing, then the amount due from Buyer to PG&E for such tax year will be estimated on the basis of the prior year's personal property taxes and such amount will be subject to adjustment after the Closing. If the Closing occurs between July 1 and December 31, Buyer will deposit with PG&E the prorated amount of personal property taxes for the tax year in which the Closing occurs and PG&E will pay the personal property taxes for such tax year before they become delinquent; provided however, PG&E may pay such taxes in installments as permitted by law. (c) PG&E will be entitled to any refunds or credits of Taxes relating to the Facilities that are allocable to the period prior to the Closing Date. Buyer will promptly notify and forward to PG&E the amounts of any such refunds or credits, to PG&E within five (5) Business Days after receipt thereof. Buyer will be entitled to a refund of Taxes relating to the Facilities that are allocable to the period on and after the Closing Date. PG&E agrees to reasonably cooperate, with Buyer's efforts to obtain such refund. (d) After the Closing Date, Buyer will notify PG&E in writing, within five (5) Business Days after Buyer's receipt of any correspondence, notice or other communication from a taxing authority or any representative thereof, of any pending or threatened tax audit, or any pending or threatened judicial or administrative proceeding that involves Taxes relating to the Facilities for the period prior to the Closing Date, and furnish PG&E with copies of all correspondence received from any taxing authority in connection with any audit or information request with respect to any such Taxes relating to the Facilities for the period prior to the Closing Date, 5120115 CC AGENDA PACKET PAGE 392 (e) Notwithstanding any provision of this Agreement to the contrary, with respect to any claim for refund, audit, examination, notice of deficiency or assessment or any judicial or administrative proceeding that involves Taxes relating to the Facilities for the period either entirely prior to the Closing Date or both prior to and after the Closing Date (collectively, "Tax Claim"), the parties will reasonably cooperate with each other in contesting any Tax Claim, including making available original books, records, documents and information for inspection, copying and, if necessary, introduction as evidence at any such Tax Claim contest and making employees available on a mutually convenient basis to provide additional information or explanation of any material provided hereunder with respect to such Tax Claim or to testify at proceedings relating to such Tax Claim. PG&E will control all proceedings taken in connection with any Tax Claim that pertains entirely to the period prior to the Closing Date, and PG&E and Buyer will jointly control all proceedings taken in connection with any Tax Claim pertaining to the period both prior to and after the Closing Date. Buyer has no right to settle or otherwise compromise any Tax Claim which pertains entirely to the period prior to the Closing Date; and neither party has the right to settle or otherwise compromise any Tax Claim which pertains to the period both, prior to and after the Closing Date without the other party's prior written consent. A HirsTMIT9 '-� #I#I W 10 0 - 111 I'll gill • 01 5120115 CC AGENDA PACKET PAGE 393 shall have the right (but not the obligation) to extend the Estimated Closing Date to obtain CPUC Approval as set forth in Section 6.1. PG&E shall use good faith efforts to obtain CPLIC Approval, and Buyer agrees to cooperate with PG&E's efforts to obtain CPUC Approval, including by prompfly reviewing and signing the application for CPUC Approval. Buyer acknowled '2i 11 Jim film Plinio 4.4 Satisfaction or Waiver of Conditions. Buyer may waive any of the conditions precedent set forth in Section 4.1, and PG&E may waive any of the conditions precedent set forth in Section 4.2. Neither party shall have the right to waive the condition precedent set forth in Section 4.3. Subject to the foregoing, in the event that any of the conditions precedent set forth in this Section 4 shall not be satisfied or waived on or before the Estimated Cllosing Date (as the same may be extended), then the party whose obligations are subject to such condition precedent shall have the right to terminate this Agreement upon written notice to the other party, and PG&E and Buyer shall thereupon each be released from all obligations under this Agreement, except those which expressly survive termination. 5.1 Prior Insr)ection. Buyer acknowledges that prior to the execution of this Agreement, Buyer has had ample opportunity to inspect the Facilities and has inspected the Facilities to its satisfaction. Based on Buyer's independent investigation of the Facilities, Buyer has decided! to execute this Agreement, persons required by applicable Legal Requiremenis or required by any such third persons in 5.3 Disclosure Regarding Hazardous Substances. PG&E hereby discloses to Buyer that Potential Environmental Hazards and Hazardous Substances, including 5120115 CC AGENDA PACKET PAGE 394 M - Mr-, I A w w 6.1 Cj12§jng,_Pgj2. The parties estimate that the closing of this transaction (the "Closing") will take place on [insert estimated CPUC Approval Date plus six (6) months] (the "Estimated Closing Date"); provided, however, that if the CPUIC Approval Date has not occurred prior to the Estimated Closing Date, PG&E shall have the right (but not the 5120115 CC AGENDA PACKET PAGE 395 obligation) to extend the Estimated Closing Date for up to an additional one (1) year to obtain CPUC Approval, in which case the Closing Date shall occur on the date specified by PG&E, which date shall be no later than one hundred eighty (180) days foflowing, the CPLIC Approval Date, If PG&E fails to obtain CPUC Approval prior to the Estimated Closing Date (as the same may be extended), this Agreement shall automatically terminate and except for agreements that expressly survive the termination of this Agreement, all obligations and liabilities of the parties under this Agreement shall terminate. If the conditions set forth in Section 4 have been satisfied (or waived by the party for whose benefit such condition precedent exists) prior to the Estimated Closing Date, the parties may mutually agree to accelerate the Closing Date. In addition, the parties may mutually agree to extend the Closing Date to take into account the scheduling of the final reading of electrical meters, weather conditions that may delay severance work, and other similar matters. The parties shall reasonably cooperate in modifying the Closing Date to accommodate the requirements of the other party, provided that in the event of any emergency situation or for other good cause, PG&E may unilaterally delay the Closing Date for a maximum of forty-five (45) days by written notice to Buyer. Upon request by PG&E, Buyer shall acknowledge, the Closing Date in writing; provided, however, that Buyer's failure to execute such acknowledgement shall not affect the Closing Date. 6.2 Relive ry of Funds and Documents, The parties shall take the following actions on the respective dates specified below. (a) Within ten (10) Business Days after written request, Buyer shall pay to PG&E in U.S. dollars the Purchase Price [, the Severance Costs,) and! the Taxes (to the extent the amount owing by Buyer to PG&E is determined as of the date of the request), provided that PG&E shall not request such payment until approximately thirty (30) Business Days prior to the Closing Date. (b) On the Closing Date, PG&E shall deliver to Buyer an original Bill of Sale duly executed by PG&E. The parties agree that delivery of the Bill of Sale shall be effective upon the earlier of (i) delivery to Buyer by hand of an original Bill of Sale, or (ii) Buyer's receipt of a facsimile transmission of the Bill of Sale as evidenced by electronic confirmation of receipt. If delivery is made by facsimile transmission, PG&E shall concurrently send the original document(s) to Buyer by registered or certified mail or overnight courier, (c) On the Closing Date or as soon thereafter as reasonably practicable, PG&E shall deliver to buyer copies of its current streetlight maps and maintenance records relating to the Facilities, to the extent the same are readily available to PG&E; provided, however, that PG&E makes no representations or warranties regarding the completeness or accuracy of said maps or maintenance records, and Buyer shall not be entitled to rely upon the information contained therein for any purpose, 6.3 Assumption of Liabilities. Upon the Closing Date, Buyer will assume all obligations and liabilities of any kind or nature whatsoever related to, arising from, or associated with ownership or possession of the Facilities, 6.4 Warrant v of Title. PG&E warrants that upon CPUC Approval and execution and delivery of the Bill of Sale, Buyer shall have good title to the Facilities, free and clear of all liens and encumbrances. 6.5 Survival, The covenants, agreements, and obligations of PG&E and Buyer contained in Section 6.3 and Section 6.4 shall survive the Closing, 5120115 CC AGENDA PACKET PAGE 396 7.1 Release. Buyer, for itself, and for any future owners or holders of all or a part of the Facilities and /or the Land, and each of their respective predecessors, successors, assigns, licensees, officers, directors, employees, agents, partners, shareholders, transferees, parent and subsidiary corporations, legal representatives, heirs, beneficiaries, executors and administrators hereby fully and forever releases, exonerates, discharges and covenants not to sue PG&E Parties of, from and for any and all losses (including diminution in the value of the Land and other consequential damages), costs, claims, demands, actions, suits, orders, causes of action, obligations, controversies, debts,, expenses, accounts, damages, judgments and liabilities of whatever kind or nature (including fines and civil penalties), and by whomsoever asserted, in law, equity or otherwise, whether known or unknown, (each a "Claim" and, collectively, "'Claims"), arising from or in any way connected with the Facilities, including Claims relating to PG Fs maintenance of the Facilities prior to the Closing, Claims relating to Potential Environmental Hazards, and Claims relating to the presence of PCBs or any other Hazardous Substances in the Facilities and/or in, on or about the Land. 7.2 Statuta—rxjMgiver. Buyer acknowledges that it may hereinafter discover facts different from or in addition to those, which it now knows or believes, to be true with respect to the matters that are the subject of this Agreement, and agrees that this Agreement shall remain in effect in all respects, notwithstanding the discovery of such different or additional facts. In addition, Buyer understands and agrees that its agreements and covenants contained in this Agreement extend to all Claims of any nature and kind, known or unknown, suspected or unsuspected, based in whole or in part on facts existing in the past or as of the date hereof, and in that regard, Buyer acknowledges that it has read, considered and understands the provisions of Section 1542 of the California Civil Code which reads as foflows., A general release does not extend to claims which a creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Based upon the advice of its counsel, Buyer knowingly and voluntarily waives and relinquishes any and all rights that it may have under Section 1542 as well as under the provisions of all comparable, equivalent, or similar statutes and principles of common law or other decisional la of any and all' states of the United States or of the United States, Buyer understands, and acknowledges the siigniificance and consequences • this waiver and hereby assumes the risk any injuries, l or aes which may arise from such waiver. I osses d mag 7.3 Survival. The releases, covenants, agreements, and obligations • Buyer contained in Section 7.1 and Section 7.2 shall survive the termination of this Agreement or the Closing, 8. INDEMNITY, Buyer agrees and covenants, at its sole cost and expense, to indemnify, protect, defend and hold the PG&E Parties harmless, to the fullest extent permitted by law, from and against any and all Claims (including the payment of damages, both actual and consequential, the payment of penalties and fines, the payment of the actual fees and expenses of experts, attorneys and others, and the payment of the cost of environmental investigations, monitoring, containment, abatement, removal, repair, cleanup, restoration, remedial work and 5120115 CC AGENDA PACKET PAGE 397 or fraudulent. The covenants, agreements and obligations of Buyer contained in this Section 8 shall survive the termination of this Agreement or the Closing. 9.1 Time of Essence. Time is of the essence of this Agreement and each and every provision hereof, 91.2 Further Assurances. Each party hereto agrees to execute and deliver to the other party such further documents or instruments as may be necessary or appropriate in order to carry out the intentions of the parties as contained in this Agreement. 9.3 Bindina Effect: Assignment. This Agreement shall be binding upon, and shall inure to the benefit of, the heirs, successors and assigns of the parties hereto. 9.4 Severabili . If any provision of this Agreement shall be unenforceable or invalid, the same shall not affect the remaining provisions of this Agreement and the provisions of this Agreement are intended to be and shall be severable; provided, however, if such unenforceability or invalidity alters the substance of this Agreement (taken as a whole) so as to deny either party, in a material way, the realization of the intended benefit of its bargain, such party may terminate this Agreement by notice to the other within thirty (30) Business Days after the final determination. If such party so elects to terminate this Agreement, PG&E and Buyer shall thereupon each be released from any obligations under this Agreement, except those that expressly survive termination. 9.5 GoveEning-jaM. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, 9.6 gCqMnjqrpArLs. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 5120115 CC AGENDA PACKET PAGE 398 9.7 ' Notices. Any notice or other communication required or permitted under this Agreement shall be in writing and shall be either personally delivered or transmitted by registered or certified mail, return receipt requested, postage prepaid, or by a nationally recognized overnight courier, such as FedEx or Airborne Express, addressed to the parties as follows.: If to PG&E: Christine Forster Pacific Gas and Electric Company 1918 H St. Bakersfield, CA 93301 UZMM# � Law Department "0 If to Buyer: Nick Fidler Public Works Director The City of Bakersfield 1501 Truxtun Avenue Bakersfield CA 93309 The date of any notice or communication shall be deemed to be the date of receipt if delivered personally, or the date of the receipt or refusal of delivery if transmitted by mail or overnight courier. Any party may change its address for notice by giving: notice to the other party in accordance with this Section 9.7. 9.8 Attomeys' Fees. In the event that either party shall bring an action to enforce its rights under this Agreement, the prevailing party in any such proceeding shall be entitled to recover its reasonable attorneys' fees, costs and expenses (including accountants', consultants' or other professionals' fees, investigation expenses and any and all other out-of- pocket expenses), including in connection with any appeal thereof. Any such attorneys' fees and expenses incurred by either party in enforcing a judgment in its favor under this Agreement shall be recoverable separately from and in addition to any other amount included in such judgment, and such attorneys' fees obligation is intended to be severable from the other provisions of this Agreement and to survive and not be merged into any such judgment. For purposes hereof, the reasonable fees of in-house attorneys who perform services in connection with any such enforcement action are recoverable. The covenants, of PG&E and Buyer contained in this Section 9.8 shall survive the termination of this Agreement or the Closing, 9.9 Limitation on I iabilily. Buyer expressly agrees that the obligations and liabilities of PG&E under this Agreement and any document referenced herein shall not constitute personal obligations, of the officers, directors, employees, agents,, affiliates, members, representatives, stockholders or other principals or representatives of PG&E. The limitations contained in this Section 9,.9 shall survive the termination of this Agreement or the Closing. 9.10 Statute of -Limitations. Any action by Buyer arising out of or in any way connected with the sale contemplated by this Agreement, whether sounding in tort, contract, 12 5120115 CC AGENDA PACKET PAGE 399 strict liability or otherwise, must be commenced within two (2) years after the cause of action therefor has accrued. 9.11 Exhibits. The following Exhibits are attached hereto and incorporated by reference into this Agreements Exhibit A Description of the Facilities Exhibit B Form • Bill of Sale 9.1112 Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration in accordance with the Commercial Arbitration rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction. All arbitration proceedings shall be conducted in San Francisco, California. Each party in any proceeding shall bear its own costs. The substantive law applied in the arbitration shall be the laws of the State of California without regard to its conflict of law principles, unless the claims or defenses raise issues of federal law in which case federal substantive law shall apply to those particular claims or defenses. The arbitrator shall be bound to apply the substantive law, and shall also be empowered to hear and determine diapositive motions, including motions to dismiss and motions for summary judgment. The arbitrator shall not be authorized to award any damages not permitted under Section 9,12, 9.13 IIOn!e2rRrgIMjM, The language in all parts of this Agreement shall be construed according to its normal and usual meaning and not strictly for or against either PG&E or Buyer. The headings of the paragraphs of this Agreement are inserted solely for convenience of reference and are not a part of and are not intended to govern, limit or aid in the construction of any terms or provisions hereof. The words "include," "includes," and "including" shall be deemed to be followed by the phrase "without limitation." 9.14 Survival, The attorneys' fees provision, the limitation on liability, the waivers of the right of jury trial, the other waivers of claims or rights, the releases and the obligations of Buyer under this Agreement to indemnify, protect, defend and hold harmless PG&E Parties shall survive the termination of this Agreement or the Closing, and so shall all other obligations or agreements of PG&E or Buyer which by their terms survive the termination of this Agreement or the Closing or which by their nature arise or occur following the termination of this Agreement or the Closing. 9.15 AMLhoruty. Each party represents and warrants that the execution, delivery and performance of this Agreement has been duly authorized by such party and each person signing this Agreement on its behalf is duly and validly authorized to do so. 13 5120115 CC AGENDA PACKET PAGE 400 9.16 EPriqr AgLe_ements, 'This Agreement and the exhibits hereto contain the entire understanding of the parties relating to the subject matter hereto and shall supersede any prior written or oral agreements or communications between the parties pertaining to such subject matter. IN WITNESS WHEREOF, the parties hereto have duly executed and delivered this Agreement as of the day and year first above written. BUYER: Slee, Akttasc,,hexi, F�age �paa,,,r B M 3 211.Ll (X,,,'5, ED= 14 5120115 CC AGENDA PACKET PAGE 401 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. M Mayor VIRGINIA GENNIARO' City Attorney MI. JOSHUA RUD NICK Deputy City Attorney a M NELSON SMITH Finance Director 15 5120115 CC AGENDA PACKET PAGE 402 5120115 CC AGENDA PACKET PAGE 403 PAUL A ROIAS DIRECTOR • MY ENGINEER January 17, 2012 Pacific Gas & Electric 1918 H Street Bakersfield. California 93301 Attention: PGE Billing Tearn ------------------- PUBLIC WORKS DEPARTMENT NICK RDLER GENERAL SFRvicrs St WFRINTF-N! �11 r, I The following street lights were annexed from the county. The City of Bakersfield requests the following street lights from Annex #.593, Kimberly # 1, Annex #60.5 and Hooper #1 be added to our billing. R�- 7067 Kimberly Ave, & Urner St, N/W Corner 70W HPS 120 7068 Kimberly Ave. 91 ' E/0 Urner St, N/S 70W HPS 120 7069 Urner St, E/S 220' N/0 Hooper Ave. 70W HPS 120 7070 Hooper Ave-. f-/0 Urner St, N/S 70W HPS 120 7071 Hooper Ave, Urner St. S/S 70W HPS 120 7072 Hooper Ave, 250' 'N/() Urner St. S/S 70W HPS 120 7073 Hooper Ave, 424' Urner St. N/S 70W HIPS 120 7074 Hooper ivo, '86 VV/4,) Urner St. S/S 70W HPS N 20 7075 HOOPer W/0 Lkner St. N/S 100W HPS 120 9497 N/EC-orner 70W HPS 120 9500 vV 70W HPS 1.20 664 7OW HIPS 120 9 6 65 J 1/) 70V4 i -1pS I20 � otton Wy 70W HPS 1 ?0 r n (. r w �oHDS 120 1 13011'� �T' N/S 70W HPS 30 / >'f, N/S 70W HPS 4 "/S 70W HIPS 120 Sine� ely Nick Fidler Generd, J-�^r it 1101 5120115 CC AGENDA PACKET PAGE 404 5120115 CC AGENDA PACKET PAGE 405 littp://ff*cprodO2.comp.pge.com:7777/pis`/i'feprod/mereports.0 packer If.LI-11-till 309717 - KIMBERLY & HOOPER, BAKER FIELD - 01/22/13 14:39, Location 3 Descilt-', STREET LIGHT 9497— Location: 3 Asm: PG&E ADE Instructions Quantity Asm: 30971729(E) - 01/22/13 14,:39 Location 1 STREET LIGHT 11304 - Location: 1 Install Quantity 16'EMB STL ST LT POST 12'MTG HT(35-7248) Description Cart: INSTALL WIRE,ST,LT,1/C #10CU.PVC 600V (29-4991) 1 1 Asm: 16'EMB STL ST LT POST 12'MTG HT(35-7248) 30 Asm: WIRE,ST.LT,1/C #10CU.PVC 600V (29-4991) 1 Asm: CONN,ST.LT.TAP,10CU.TO 6AL,2EA,(30-5926) 1 Asm: PHOTOCONTROL.T/L 120/277V BLUE (35-0870) 1 Asm: LUMINAIRE, H PSV,70, POST AE CONV3(35-0337') 65 Asm. CABLE,ST. LITE, CIC XLP DUPLEX,600V,6ALUM Location" 2 tae scr: STREET LIGHT 11305 - Location: 2 Install Quantity Description Cart: INSTALL 1 Asm: 16'EMB STL ST LT POST 12'MTG HT(35-7248) 30 Asm: WIRE,ST.LT,1/C "#10CU.PVC 600V (29-4991) 1 Asm: CON N,ST. LT.TAP, 10CUJO 6AL,2EA.(30-5926) 1 Asmi., PHOTOCONTROL.T/L 120/277V BLUE (35-0870) 1 Asm: LUM INAIRE, H PSV, 70, POST AE CONV3(35-0337) 13 Asm: CABLE,ST,LITE,CIC XLP DUPLEX,600V,6ALUM Location 3 Descilt-', STREET LIGHT 9497— Location: 3 Asm: Install Quantity Asm: Description Cart: INSTALL Asm: CO�NN,ST.LT.TAP,10CU,TO 6AL,2EA.(30-5926) 1 Asim: 16'EMB STL ST LT POST 12'MTG HT(35-7248) 30 Asm: WIRE,ST,LT,1/C #10CU.PVC 600V (29-4991) 1 Asm: CONN,ST,LT.TAP,10CU.TO 6AL,2EA.(30-5926) 115 Asm: CAB LE,ST, LITE, CIC XLP DUPLEX, 60OV, 6ALUIM 1 Asm: PHOTOCONTROL.T/L 120/277V BLUE (35-0870) 1 Asm: LUMINAIRE, HPS,100. POST AE CONV3(35-0368) Lo'cation,4 D TREET LIGHT 9664 - Location: 4 Install Quantity Description Cart: INSTALL 1 Asm: 16'EMB STL ST LT POST 12'MTG HT(35-7248) 30 Asm: WIRE,ST.LT,1/C #10CU.PVC 600V (29-4991) 1 Asm: CO�NN,ST.LT.TAP,10CU,TO 6AL,2EA.(30-5926) 1 Asm, P,HOTOCONTROL.T/L 120/277V BLUE (35-0870) 1 Asm: LUMINAIRE,HPSV,70,POST AE CONV3(35-0337) 55 Asm: CABLE,ST. LITE, CIC XLP DUPLEX,600V,6ALUIM Location 5 / escr-/ STREET LIGHT 9665 - Page 7 of 22 ME • &M # A M1 2102 2104 2104 2104 2101 2101 BE 5120115 CC AGENDA PACKET PAGE 406 http://A'eprod02.comp.pge.com:7777/pls/ffepro,d/mereports.0 packer 1 1 -1 30971729(E) - KIMBFRLY & HOOPER, BAKERSFIELD - 01/22/13 14:39 Page 8 of 22 PG&E ADE Instructions 30971729(E) - 01/22/13 14:39 Location: 5 Asm. Install 30 Quantity WIRE,ST.LT,1/C #10CU.PVC 600V (29 -4991) Description AIN Cart: INSTALL 129 Asm. CAB LE,ST, LITE, CIC XLP DUPLEX, 60OV,6ALUM 1 Asm: 16'EMB STL ST LT POST 12'MTG HT(35-7248) 2102 30 Asm: WIRE,ST.LT,1/C #10CU.PVC 600V (29-4991) 2104 1 Asm: CON N,,ST, LT.TAP, 10CU.TO 6AL,2EA.(30-5926) 2104 91 Asm: CABLE,ST. LITE, CIC XLP DUPLEX,60OV,6ALUM 2104 1 Asm: PHOTOCONTROL.T/L 120/277V BLUE (35-0870) 2101 1 Asm: LUMINAIRE,HPS,100, POST AE CONV3(35-0368) 2101 Location 6 r c —/ STREET LIGHT 9500 - Location: 6 Install Quantity Description AIN Cart: INSTALL 1 Asm: 16'EMB STL ST LT POST 12'MTG HT(35-7248) 2102 30 Asm: WIRE,ST.LT,I/C #10CU.PVC 600V (29-4991) 2104 1 Asm: CON N,ST.LT.TAP, 10CU.TO 6AL,2EA.(30-5926) 2104 56 Asm: CABLE,ST. LITE, CIC XLP DUPLEX,60OV,6ALUM 2104 1 Asm: PHOTOCONTROL.T/L 120/277V BLUE (35-0870) 2101 1 Asm., LUMINAIRE, HPS,100. POST AE CONV3(35-0368) 2101 Location 7 Desm STREET LIGHT 7067 - Location: 7 Install Quantity Description AIN Cart: INSTALL I Asm. 16'EMB STL ST LT POST 12'MTG HT(35-7248) 30 Asm., WIRE,ST.LT,1/C #10CU.PVC 600V (29 -4991) 1 Asm: CON N,ST.LTTAP,10CU.TO 6AL,2EA.(30-5926) 129 Asm. CAB LE,ST, LITE, CIC XLP DUPLEX, 60OV,6ALUM 1 Asm: PHOTOCONTROL.T/L 120/277V BLUE (35-0870) 1 Asm: LUMINAIRE, H PS, 100. POST AE CONV3(35-0368) Location 8 De ,t STREET LIGHT 7068 - Location: 8 Install Quantity Description Cart: INSTALL I Asm: 16'EMB STL ST LT POST 12'MTG HT(35-7248) 30 Asm: WIRE,ST,LT,I/C #10CU,PVC 600V (29-4991) 1 Asm: CON N,,ST. LT.TAP, 10CUJO 6AL,2EA.(30-5,926) 98 Asm: CABLE,ST. LITE, CIC XLP DUPLEX, 60OV, 6ALUM I Asm: PHOTOCONTROL,T/L 120/277V BLUE (35' -0870) 1 Asm:: LUMINAIRE, HPS, 100, POST AE CONV3(35-10368) BE Location: 9 Install Quantity Description AIN Cart: INSTALL Asm: 16'EMB STL ST LT POST 12'MTG HT(35-7248) 2102 5120115 CC AGENDA PACKET PAGE 407 http://ft'eprod02.comp.pge.com:7777/pis/ffeprod/mereports.0 packer 30971729(E) - KIMBERLY & HOOPER, BAM."RSFIELD - 01/22/13 14:39 Location: 9 Asm: Install Quantity Asm: Description 30 Asm'. WIRE,ST.LT,1/C #10CU.PVC 600V (29-4991) 1 Asm: CO,NN,STLT-TAP110CUTO 6AL,2EA,(30�-5926) 1 Asm: PHOTOCONTROLT/L 120/277V BLUE (35-0870) 1 Asm: LU MINAIRE, H PSV, 70, POST AE CONV3(35-0337) 95 Asm: CABLE,ST. LITE, CIC XLP DUPLEX, 600V,6ALUM Location 10 Descr,,,, STREET LIGHT 11307 - Location: 10 Description Install Quantity Description Cart: INSTALL 16'EMB STL ST LT POST 12'MTG HT(35-7248) 30 1 Asm: 16'EMB STL ST LT POST 12'MTG HT(35-7248) 30 Asm: WIRE,ST.LT,1/C #10CU,PVC 600V (29-4991) 1 Asm: CON N,ST. LT.TAP, 10CU.TO 6AL,2EA.(30,-5926) 1 Asm: PHOTOCONTROL.T/L 120/277V BLUE (35-0870) 1 Asm: LUMINAIRE, HPSV, 70, POST AE CONV3(35-0337) 57 Asm: CABLE, ST. LITE, CIC XLP DUPLEX, 60OV,6ALUM Lo'cation'll Descr,, STREET LIGHT 7075 - Location: 11 Install Quantity Description Cart: INSTALL 1 Asm: 16'EMB STL ST LT POST 12'MTG HT(35-7248) 30 Asm: WIRE,S,T.LT,1/C #10CUPVC 600V (29-4991) 1 Asm: CON N,ST.LT.TAP,10CU.TO 6AL,2EA.(30-5926) 124 Asm: CABLE,ST.LITE,CIC XLP DUPLEX,600V,6ALUM 1 Asm: PHOTOCONTROL.T/L 120/277V BLUE (35-0870) 1 Asm: LUMINAIRE, HPS, 100. POST AE CONV3(35-0368) Location 12 Descr,',,, STREET LIGHT 7074 - Location: 12 Install Quantity Description Cart: INSTALL 1 Asm: 16'EMB STL ST LT POST 12'MTG HT(35-7248) 30 Asm: WIRE,ST.LT,1/C #10CU,PVC 600V (29, -4991) 1 Asm: CON N,ST.LT.TAP,10CU.TO 6AL,2EA,(30-5926) 104 Asm: CAB LE,ST. LITE, CIC XLP DUPLEX,600V,6ALUM I Asm: PHOTOCONTROL.T/L 120/277V BLUE (35,-0870) 1 Asm: LUMI NAIRE, H PS, 100. POST AE CONV3(35-0368) Location 13 STREET LIGHT 7073 - Location: 13 Install Quantity Description Cart: INSTALL I Asm: 16'EMB STL ST LT POST 12'MTG HT(35-7248) 30 Asm: WIRE,ST.LT,1/C #10CU,PVC 600V (29-4991) 1 Asm: CON N,ST.LT,TAP,10CU,TO 6AL,2EA.(30-5926) Page 9 of 22 Be Ii r. mf F-M 9w 2102 2104 2104 2104 2101 2101 um =I Me, OWN 5120115 CC AGENDA PACKET PAGE 408 htip:HffeprodO2.comp.pge.com:7777/pis/f*feprod/mereport.s.0 packer ,,A,!,, k ) I I 30971729(E) - KIMBERLY & HOOPER, BAKI-,"RSFIELD - 01/22/13 14:39 Page 10 of*22 Install PG&E ADE Instructions Description AIN 30971729(E) - 01/22/13,14:39 Location: 13 Install Asm: Quantity 2102 Description AIN 8 Asm: CABLE,ST, LITE, CIC XLP DUPLEX160OV,6ALUM 2104 1 Asm: PHOTOCONTROL.T/L 120/277V BLUE (35-0870) 2101 1 Asm: LUM INAIRE, HPS, 100, POST AE CONV3(35-0368) 2101 'Localtion. 14 STREET LIGHT 7072 - Location: 14 Install Quantity Description AIN Cart: INSTALL 1 Asm: 16'EMB STL ST LT POST 12'MTG HT(35-7248) 2102 30 Asm: WIRE,ST,LTJ/C #10CU.PVC 6,OOV (29-4991) 2104 1 Asm: CON N,ST. LT.TAP, 10CU.TO 6AL,2EA.(30-5926) 2104 159 Asm: CABLE,ST,LITE,CIC XLP DUPLEX, 60OV,6ALUM 2104 1 Asm: P,HOTOCONTROL.T/L 120/277V BLUE (35-0870) 2101 1 Asm: LUMINAIRE, HPS, 100. POST AE CONV3(35-0368), 2101 Location 15 Desr,v,, STREET LIGHT 7069 - Location: 15 Install Quantity Description AIN Cart: INSTALL 1 Asm: 16'EMB STL ST LT POST 12'MTG HT(35-7248) 2102 30 Asm: WIRE,ST1T,1/C #10CU,PVC 600V (29-4991) 2104 1 Asm: CON N,ST.LT.TAP,IOCUTO 6AL,2EA,(30-59,26) 2104 248 Asim: CAB LE,ST. LITE, CIC XLP DUPLEX, 60OV,6ALIUM 2104 1 Asm: PHOTOCONTROL.T/L 120/277V BLUE (35-01870) 2101 1 Asm: LUMINAIRE, HPS, 100. POST AE CONV3(35-0368) 2101 Location 16 Descr,,, STREET LIGHT 7071 - Location: 16 Install Quantity Description AIN Cart: INSTALL 1 Asm: 16'EMB STL ST LT POST 12'MTG HT(35-7248) 2102 30 Asm: WIRE,ST.LTJ/C #10CU.PVC 600V (29-4991) 2104 1 Asm: CONN,ST.LT.TAP,10CU.TO 6AL,2EA.(30-592�6) 2104 101 Asm: CABLE,ST. LITE, CIC XLP DUPLEX, 60OV,6,ALUM 2104 1 Asm: PHOTOCONTROL.T/L 120/277V BLUE (35-0870) 2101 1 Asm: LUMINAIRE, HPS, 100, POST AE CONV3(35-0368) 2101 Location: 17 Install Quantity Description AIN Cart: INSTALL 1 Asm: 16'EMB STL ST LT POST 12'MTG HT(35-7248) 2102 30 Asm: WIRE,ST.LT,1/C #10CUPVC 600V (29-4991) 2104 1 Asm: CON N,ST. LT.TAP, 10CU.TO 6AL,2EA,(30-5926) 2104 10 Asm: CABLE,ST, LITE, CIC XLP DUPLEX,60OV,6ALUM 2104 1 Asm: PHOTOCONTROL.T/L 120/277V BLUE (35-0870) 2101 5120115 CC AGENDA PACKET PAGE 409 http://ffeprod02.cornp.pge.com:7777/pis��/fl'eprod/mereports.0 packer 3 30971729(E) - KIMBERLY a HOMER, BAKERSFIELD - 01/22/13 14:39 flage I I of 22 PG&E ADE Instructions 30971729(E) - 01/22/1 3 14:39 Location: 17 Install Quantity Description AIN 1 Asm: LUMINAIRE, HPS, 100, POST AE CONV3(35-0368) 2101 Location IS STREET LIGHT 10179 - Location: 18 Install Quantity Description AIN Cart: INSTALL I Asm: 16'EMB STL ST LT POST 12'MTG HT(35-7248) 2102 30 Asm. WIRE,ST.LT,1/C #10CU.PVC 600V (29-4991) 2104 1 Asm, CONN,ST.LT,TAP,10MT0 6AL,2EA.(30-5926) 2104 10 Asm: CAB LE,ST. LITE, CIC XLP DUPLEX,600V,6ALUM 2104 1 Asm: PHOTOCONTROL.T/L 120/277V BLUE (35-0870) 2101 1 Asm: LUMINAIRE, HPS, 100, POST AE CONV3(35-0368) 2101 512 0115 CC A GENDA PA CKET PA GE 410 http://ffeprod02.comp.pge.co,m::7777/pls/t'feprod/mereports.0 packer I 5120115 CC AGENDA PACKET PAGE 411 �' IIW KIMBERLY ---------- . . .. . J Lu w K I IMBERI Y 6"k Nj� 1, ac Ll LU 100 K I MBERL� ) �g �14 e. )p �' I 11�10 '2I HOOPER Ev c� os LJ 626 "ji ........... .. cx" ar HOOPER cn < ay cl, uj "N" 6A, 0UP HOOPER HOOPER PAVI PLC-292P62 muawu . I w6 NO t`051 M64" 4 Wl REP 46'.0 W, '021j� WL 'AWk LU UGHTYX(r DlljT 2 5120115 CC AGENDA PACKET PAGE 411 - , M 4 Your total Severance cost is $1284.06 4hrs (To disconnect 18 streetlights at 16 locations) X $212.20 (Efectric Field Services standard rate) - $848.80 $848.80 X 24% (A&E cost)= $203,71. +$848.80= $1052.51 $1052-51 X 22% p-l-q=$231,55 + $1052.51= $1284.06 5120115 CC AGENDA PACKET PAGE 412 Original •• 1 11, Svc P 1 ORDER AP SAID BD NO Wire Transfer • Pursuant to that certain Purchase and Sala Agreement dated 20 (the "Purchase Agreement "), by and between PACIFIC C/A'S AND ELECTRIC COMPANY, a California corporation ("'PC &E "), and The City of Bakersfield, ( "B'uyer "), effective on the Closing Date (as defined in the Purchase Agreement)" PG&E hereby sells, assigns, transfers, and delivers to Buyer all of P' &E "s right" title and interest in and to the property described on Exhibit A attached hereto and incorporated herein by this reference (colllectively, "the Facilities " "). k ■r wag] E041 1 A Y Notwithstanding 1 paragraph, PG&E warrants upon "' Approval execution • awi 1 w ' good 1 1: .� 1, the Facilities, free 1 clear of 1 encumbrances. This Bill of Sale is executed pursuant to authorization contained in " dated m m and is subject to all the tan°ns and conditi`r'o'ns of the Purchase Agreement. IN WITNESS WHEREOF, PG &E has executed this Bill of Sale as of the date set forth below. Dated:'t7 Mlmpfflffi.���� Name: Its: 5120115 CC A EN A PACKET PAGE 413 fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 Consent - Agreements m. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/17/2015 WARD: Ward 1 SUBJECT: Agreement with the County Sanitation District No. 2 of Los Angeles County for the sale of wood chips from the Mount Vernon Recycling Facility (Anticipated Annual Revenue to City is estimated at $71,500). STAFF RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the City's recycling program, the Mount Vernon Recycling Facility accepts lumber and wood materials from the public and grinds these materials into wood chips. Historically, the wood chips have been sold to two different markets: fuel for power generation companies and as a bulking agent for bio- solids composting companies. In December of 2014, a Request for Proposal (RFP) was issued by the City. RFPs were mailed to 64 prospective buyers. Two proposals were received (County Sanitation District No. 2 of Los Angeles County and Covanta Delano, Inc). The proposed contract with the Sanitation District will allow for the sale of 13,000 of the 56,000 tons of wood chips produced annually by the Mount Vernon Recycling Facility at the rate of $5.50 per ton. The agreement with Covanta was previously approved by the City Council at the March 4, 2015 City Council meeting. The Covanta agreement has a price of $1.40 per ton for the remaining 43,000 tons of wood chips. Staff estimates $71,500 of revenue will be generated from the sale of wood chips to County Sanitation District No. 2 based upon current amounts of incoming material. However, more or less material coming in from the public will result in corresponding changes in revenue. Revenue generated from this agreement offsets operating costs of the Recycling Facility. ATTACHMENTS: Description D Wood Chip Sales Agreement Type Agreement 5120115 CC AGENDA PACKET PAGE 414 C#., 49 OZ THIS AGREEMENT—is made and entered into on by. and between the CITY OF BAKERSFIELD, as municipal corporation, ("CITY" herein) and COUNTY SANITATION DISTRICT' NO. 2 OF LOS ANGELES COLINTY ("CONTRACTOR" herein). WHEREAS, CITY has published as Request for Proposals ("RFP") and CONTRACTOR has responded to the RFP, CITY's RFF` and CONTRACTOR's response acre incluided by reference as though fully set forth. WHEREAS, the CITY owins and operates the Mount Vernon RecycIing Facility ("Facility" herein) on Souff-i Mount Vernon Avenue, south of Highway , which accepts green and wood waste from the public and processes it to form, compost fines, agricultural blend compost, co-gleneration fuel, screened and unscreened grinder output wood chips, or mulch, aind WHEREAS,, the removal of wood chips, from the Facility is critical to CITY because of the Facility's, limited storage area, and WHEREAS, the Facility receives approximately 70,0010 tons annually of material that is ground into wood chips for sale 'to the public, co-generation plants, coniposfing operaflons, other industrial end uses, and farmers and other agricultural interests in the Bakersfield region; and WHEREAS, it is in the best interest of the 0TY to maxiirnize the return received for the sale of these wood chlpsP and WHEREAS, it is in the best interest of the CITY to secure a buyer (or buyers) for the majority of wood chips, as, this will result in as better price and as more secure outlet; and WHEREAS, CONTRACTOR represents it owns a facility that uses wood chips, and that CONTRACTOR wishes, to buy CITY's wood chips for use at this facility; and WHEREAS, CONTRACTOR represents it is experienced and well-qualified in using and/or marketing wood chips; and WHEREAS, CONTRACTOR understands it will be responsible for making arrangements to transport the wood chips; and WOOD CHIP SALES AGREEMENT -® Page I o,f 10 Pages -- 5120115 CC AGENDA PACKET PAGE 415 WHEREAS, CONTRACTOR will work with the CITY to minirnize ground storage firre I of wood chips at the FacIlity; NOW, THEREFORE, incorporating the foregoing recitals, CITY and CONTRACTOR agree as follows: I , SCOPE OF WORK. The scope of work is described as: CONTRACTOR agrees to buy minimum quantities of wood chips produced by the CITY, and the CITY agrees to sell minimurn quantities of wood chips produced: by the Facility as set forth in the CONTRACTOR'S response to the RFP, which is Exhibit "A" attached hereto and incorporated by reference Ihereln. The scope of work shall include all work necessary to propet1y complete fll")e task CONTRACTOR has beer) hired to perform, whether or not specifically identified in this scope of work. 2. COMPENSATION, CONTRACTOR shall pay to CITY FIVE DOLLARS AND FIFTY CENTS ($5.50) per ton plus all applicable sales tax for all wood chips removed by CONTRACTOR for tlt-ie entire term of this Agreement, The amount removed by CONTRACTOR will be based on certified weight scale records, 3. CONTR&C7 _PERFORMANCE. CONTRACTOR desires to purchase freshly ground wood of size 6" minus (95% between 6," and 2b ") and not dry wood stored for extended periods. CITY shall make every effort to generate qualify wood chips that are free of physical contarnir)ants such as Mass, metal, plastic and other waste. CONTRACTOR will notify CITY if the quality of wood chips is not acceptable and reserves the right to reduce the quantify of wood ship ments due to quality issues such as moisture, size, contan�iinants, or other factors. Trans porta tion to destinations offsite from 'the Facility will be CONTRACTOR's responsibility, Loading of wood chips at the Facility will be provided by CITY. Leveling and covering of lo,a:ds, shall be the responsibility of the CONTRACTOR. 4. PAYMENT PROCEDURE. CONTRACTOR shall pay CITY for purchased wood chlips, within thirty (30) days of the date on CITY's invoice. Faillure to pay within thirty (30); days shall: be a material breach of this Agreement, CITY shall Ibe entitled, to charge interest at the rate of One Percent (1%,) per rnonth from the date of breach for all amounts due and owing CITY. The aforesaid remedies are cumulative and are in addition to all other remedies in law or eq,uify which is available to CITY in the event of CONTRACTOR's breach of defauIt. 5. KEY PERSONNEL. CONTRACTOR shall narne all key persoinnel[ to be assigned to the work set forth herein. All key personnel: shall be properly licensed and have the experience to perform the work called for under this Agreement, 6 STARTING WORK. CITY understands that CONTRACTOR's facility is scheduled to begin operation, in 2015. However, CONTRACTOR does not guarantee any actulaill startup date. CONTRACTOR, shall provide advance written notice of startup and begin work on a date that is multually agreeable WOOD CHIP SALES AGREEMENT -- Page 2 of 10, Pages -- 5120115 CC AGENDA PACKET PAGE 416 with the CITY. 6. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, the ClTY's RFP and the CONTRACTOR's Proposal are incorporated by reference. T 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 pariy's right to enforce such a provision at al later firne, and shall not serve to vary the terms of this Agreement, 8. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effec-1 or obtain at all times during the term of this Agreement any licenses, permits anci approvals which are legally required for CONTRACTOR or any of its subcontractors to practice their profession,. 10. MERGER AND MODINICATION. This contract set's forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in a writing approved by the CITY's City Council and signed by all the parties. 1: 1. 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 n,-iade in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 12. TERM. Unless terr-ninated sooner, as set forth herein, the terms of this Agreement begin on the date of execution, of this agreement by all parties, and will terminate on Decernber 2, 2017, except as otherwise provided herein. This Agreement shaIJ be renewable annually thereafter for four (4), consecutive one-year periods. Renewal options shall be exercised by written notice by the CITY's Public Works Director or his designee upon mutual agreement with the CONTRACTOR. 13. TERMINATION FOR DEFAULT AND CA S,E. In the event that the CONTRACTOR fails to perform under the terms of the agreement, the CITY may cancel within Ninety (90' ) days written notice to the CONTRACTOR; provided CONTRACTOR has been given reasonable notice and no less than ten (10) days following: receipt of such notice to cure and rernedy such failure to perform. Written notice shal'il, be given pursuanf to the "Notices" paragraph of this Agreement. Termination for cause shall be at the discretion of the CITY and such cause shall include, but not be limited to, the following circurnstances: 13.1 The CONTRACTOR faills to satisfactorily provide services or WCOD CHIP SALES AGREEMENT -- Page 3 of 10 Pages -- 5120115 CC AGENDA PACKET PAGE 417 perforn,i the work required by the terms and conditions of the Agreement,' 13.2 The CONTRACTOR materially breaches any of its obligations under this agreernent, and 13.3 The CONTRACTOR sublets, or transfers its interest without the written consent of the CITY. 13.4, After receipt of a notice of terrT-ijnation, except as otherwise directed, the CONTRACTOR shall stop work on the date of receipt of the notice of terrninaflon or other date specified in the notice; place no further orders or perform any additional tasks, except as necessary for completion of any portion of the work not terminated; and settle all outstanding liabilities and claims. 13.5 In case of default by the CONTRACTOR, the CITY may procure the services from other sources and hold the CONTRACTOR and/or its surety responsible for any resulting additional, costs, indluding administrative costs and may deduct from monies due, or that i-nay thereafter become due to CONTRACTOR, the diffe,renice between the agreement price and the actual cost thereof to the CITY, including all costs for re-procurement and contract comp1etion. Thls remedy shall be in addition to any other remedies that the CITY may have. 14. TERMINATION OF CONTRACT BY CONTRACTOR. CONTRACTOR may terminate the agreement upon Ninety (90) days written notice to the CITY. Written notice shall be given pursuant to the "Notices" paragraph of this Agreen-ient. 11,x, OMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all applicable statutes, ordinances, regulations, or permitting 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 same in all activities, relating to or growing: out of this Agreement, including, without limitation, obtaining a City of Bakersfield business fax cerfificate (Bakersfield Municipal Code Chapter 5.02) where required. 16. INDEPENDENT CONTRACTOR. This Agreernent 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 i,s not entitled to any of the benefits provided by CITY to its employees. This Agreement shal[ not be construed as forming, a partnership or any other associafion with CONTRACTOR other than that of an independent contractor. 17. DIRECTION. CONTRACTOR retains the right to confro] or direct the manner ln which the services described herein are performed., 18. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials WOOD CHIP SALES AGREEMENT -- Page4of 10 Pages — 512 0115 CC A GENDA PA CKET PA GE 418 and supplies necessary to perform its services under this Agreement, 19. INSURANCE. l'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 requirernents") herein: 19.1 Automobile liability Insurance, providing coverage on an occurrence basis for bodily injury, Including death, of one or isnore persons, property damage and personal injury, with limits of not less than One Million, Dolllars ($1,000,0,00) per occurrence, and the policy sholi: 19. 111 ,1 Provide coverage for all owned, non -owned and hired autos. 19.2 CommercigL_Agn2rgL_jlgbifffK_inlglgnge, unless otherwise approved by the CIT` 's Risk Manager, providing coverage on an occurrence baslis for bodily injury, including death,, of one or more persons, property damage and personal injury, with liimits of not less than One Million Dollars ($1,000,000) per ocicurrence, and the poiicy shall: 19.2.1 Provide contractual' liability coverage for the terms of this Agreement. 19,12 Provide unlimited products and completed operations coverage, 19.2.3 Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees arid'! volunteers. 19.2.4 All policies shall be written on a firsf-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 is intended to defeat the 'intent or protection of an Additional lnsured. 19,,3 Workers' with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,0010) per occurrence; and the policy shall contain a waiver of subrogation in favor of the City, its mayor, council, officers, agents, employees and volunteers. VIX)OD C� flP SALES AGREEMENT -- Page 5 of 10 Pages -- 5120115 CC AGENDA PACKET PAGE 419 19.4 Wth respect lo clairns arising from the negligence of Confraclor, the applicable policies required of the CONTRACTOR sholl be primary insurance as to the CITY, its mayor, council, officers, agents, eryiployees, or designated volunteers and any insurance or self-insurance maintained by the CITY, its mayor, council, officers, agenis, employees, and designated volunteers shali be excess of tf°)e CONTRACTOR's insurance and shall not contribute with it, 19.5 Except for workers" clornpensation, 'insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A-: VII, Any deductibles, self-insured retentions or insurance in lesser amounts, or lack, of certain types of insurance other Oise required by this Agreement, or insurance rated beiow Best's A-: VII must be declared prior to execution of this Agreement and approved by the CITY in writing, 19.6 Unless otherwise approved by CITY's Risk Manager, cull 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 for continuing liability thereon, notwithstanding any recovery or) any poiHicy, The CONTRACTOR shall arrange for the delivery of copies of policies to the CITY upon the CITY's demand. 19.7 The insurance required hereunder shall be maintained until cli work required to be performed by this Agreernent is satisfactorily completed as evidenced by written, acceptance by the CITY, 19.8 The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance evidencing the insurance required. The CiTY may withdraw its offer of contract or cancel this, contract if cerfificates of insurance evidencing the insurance and endorsements required herein have not been provided prior to the execution of this Agreement. 19.9 Fulll compensation for all premiums whilich 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. 19.10 It is further understood and agreed by the CONTRACTOR that its liability to the CITY slhalll 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. 19.11 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 WOOD CHIP SALES AGREEMENT -- Page 6 of 10, Pages -- 5120115 CC AGENDA PACKET PAGE 420 CITY has approved lesser insurance requirernents far CONTRACTOR, 19.12 Not Appli'cablie, 21. INDEMNITY. CONTRACTOR shall indemnity, defend, and hold harmless CITY, its officers,, agents and employees against a:ny and all liability, claims, actions, causes of action or demands whatsoever against fhem, or any o f 1hei-n, before administrative or jud1cial tribunals of any kind whatsoever ca uls,ed by the negligence or willful misconduct of CONTRACTOR, COOT RACTOR's employees, agents, independent contractors,, companies, or subcontractors in the performance olf, or in any way arising from, CONTRACTOR's performance of this Agreement whether or not causedin part by a party indemnified hereunder, except for CiTY's negHgence or willful misconduct, 22. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equallly responsible for aufl,.)orship, olf. this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agireemeni. 23. 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 Unit' d States mail. The parties shall[ be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD CITY HALL 16010 Truxtun Avenue Bakersfield, California 9,3301 24. GOVERNING LAW. The laws lot the State of Californpa will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way froni this Agreement shall be filed in Kern County, California, 2, '. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement fhe term's of this Agreement and the intent of the parties, to this Agreemeni. WOOD CHT SALES AGREEMEN7 5120115 CC AGENDA PACKET PAGE 421 26. 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 liin,iited to, accounts, actions, causes of action, claims, darnages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for corripensatory damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or Other theories of recovery provided for by the cornlMon or' statutory law) may be assigned or transferred by any party. Any such ass,ignment is prohibited, and shall, be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties. 27. BINDING EFFECT, The rights and obligations of this Agreement shoH inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, exeCUtWS, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and fhe singular number includes the plurai, This Agreement may be executed in counterparts, each of which shall be considered as an original and be effective as such, ZI 30. AUTHORITY '. Each individual: signing this Agreement on behalf of entities represent land 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 Agreernent. CONTRACTOR's Federal Tax ID, Number: 95-3755190 CONTRACTOR's narne for tax 0 purposes: Los Angeles f,-Qun_fy Sanitation District 2 CONTRACTOR is a corporation? Yes- No (Please check one.) 32,., NON,-INTEREST. No officer or employee of the CITY shall hold any nterest in this Agreement (Calliforin1a Government Code, section 1090), 33. 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, WOOD CHIP SALES AGREEMENT __ Page 8 of 10 IPages -- 5120115 CC AGENDA PACKET PAGE 422 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the d'ay and year first-above written, rr "CONTRiAC�TOR" COUNTY SANITATION DISTRICT OiF LOS ANGELES COUNTY By: By� HARVEY L. HALL Chairperson Mayor MAR 2 5,?pj�j ,lV0()0 CHIP SALES Ad. REEMEN � Attest: Secretary Approved as to Form: Lewis Brisbois Bisgaard & Smith LLP District Coonseh Addiflunol Sigrah_fros on Falkavving Plage -- Page 9 of 10 Pages 5120115 CC AGENDA PACKET PAGE 42 3 APPROVED AS TO CONTENT: ml NICK FIDLER alkUrl.2IL APPROVED ASTO FORM: VIRGINIA GENNARO City Att rney Affachment: Exhibit "A" Cerfificates of Insurance WOOD CHIP SALES AGRIE EMENT -- Page 10 of 10 Pages -- 5120115 CC AGENDA PACKET PAGE 424 Mr. Ruben Ramirez, Facility Supervisor Oly of Bakersfield Solid Waste Division 4101 'Y'ruxtun Avenue, BuildnigA Bakersfield, CA 93309 Dcar Mr. Ramirez: Q r November 2'6, 2014 Ci I y of Bakers field - Mount Vern on Green Waste Facil i ly 3 Counly Sanim [ion District No, 2 of Lxis Angelcs County (District) is pleased to present this proposal to [fie City or Bakersfield (City) for OIC PUTC11BISC of wood chips from: the Mount Vernon Green Waste Recycling f"acility, Pie District is uniquely qualified to contract With the City to Perforni the proposed contract because of our solid financial standing-, our understanding of the importance of maintaining the continuous outflow of biosolids from our wastewater treatment plants, our collegial relationship with the City, our seven years of experience co-nianaginn the Inland Empire Regional Cornposting Facility, which receives approxirnitely 70!,000 tons per year of ainendmicru-, and the close proximity of our Westlake Farms composting Facility, which would lac the dm injtic�n of the purchased %vood chips, The District has no conflici of interest in providing the proposed serviccs, "Mank you for the opportunity to JIF'Cscnt (his Proixisal, The District looks forward to collaborating with the City in this endeavor. The District is available 'to meet with you at YOUT convenience to discuss the proposal, It' you have any questions or require further information, please don't hesitate to contact Ms. Melissa Fischer at (562) 325-1622 or rnfischcr6,i,,hicsd.org, MS:MPInib A(LaChuncill Exhibit "A"I Very trimly yours, Grace Robinson 1. Iyde Mike Sullivan Section Head Monitoring Section #3 � 54 931 5120115 CC AGENDA PACKET PAGE 425 W Rallnre/ Cay of Bakersfield Wood Chit, *,ales Proposal Angeles County Sanitation Disinci Nas, 2 NA10011) C'HII SALES PROPOSAL Quotation The District is pleased to provide a quotation f' or the purchase of Woo(j Chips from the City of Bakersfield lug^ ount Vernon Grean Waste Facility (the, "Facility") rear $5,50 per green ton in gencral accordance with the terms identified, in the ('ny ofBakersfield's (('ity's) Request for Proposals (RFP) dated Novcn-ibcr 3, 2014,The Cover Letter is part of this Proposal, which will rcrnam valid for a period of 60 days born the proposal Due Date ol'December 2, 2014. Scope Purch,aso: and removal of wood chips in top-loading tnicks (finnan the ()(y of Bakersfield Mount Vernon Green Waste Facility O"ricilitY). Facility City of Bakersfield Mount Wrilon Green Waste Facility 2(`iM S,, Mount Vernon Avenue Bakcrslicid, CA 93307 Wood Chips Quantity The District proposes to purchase a quantity of 13,000 green tons per ycar, \Vood Chip it The District has visited the Facility and confirmed that the sampled product has anlong other characteristics, the size and moisture characteristics, and minii,nal contarnination necessary for use as i n arnendinent for composting at the District's Wesdakc fiklcility. The District ulldcrstands that the City IS, committed tea maintaining the quality of its product, 'this Proposal, assumes that the qUality exhibited t y the saniplcd product will be sustained and that the District will not be required to purchase wood, chips that do not po` ssess tile chl"racteyisfics necessary kir usc as an aniclidnient. Hauler The District or its agent(s will haul the wood chips. The hauler will be responsible flor leveling and covering the loaded wood chips. The District will arrarige for wcighing each load at a certified scale and will provide the (,ity with copies of weigh receipts upon request,. Hauling Schedule "I"he District or its as will supply ten trucks p,er week, Monday-Friday, within the Facil,11Y's hours of operation, 630 am to 330 pin, per a mutually agrccable schedule that supports the District's schedule (,)rcornposting operations, at Westlake, Site Resttictions The District rccogni/gs the City's, concern regarding the tirnely removal of material to in ninii/c stockpiling and doublo: handling, "T he 1)istri�cj will fulfill its counnitment to supply the necessary nurnber oftrucks in a tirnely riariner to remove the volume to which it is contractually nee to purchase, The District will no,t hold the Cily liable for the cost of truck idle tijIle ifr he City provides reasonable notice whcn nuiterial is not avallabic for loading. ExhbR "A"2 5120115 CC AGENDA PACKET PAGE 426 Mr, Ramirez .2. City of Bakcisfield: Wwnl Chip Sales Proposal Los Anreles Ccwnty Sanitalion Disirict No, 2 Loading The Districl-supplied truck will stop under, the City's loading bridge, The City will load the wood chips into the Iruck. Start of Terin The District can begin reccipt and removal of' wood chips rroin the Facility upon startup of the Westlake F'arrris Cornposting F"acifily. Starl,up is currently scheduled fiver the second (piarter of 2015, The Distrio cannot offer any guarantee of the actual startup date, The District can provide file Cily with an advance Wri(IM noticc ofstartup at as time ri-rutrially agreeable to the City and the District, Duradon ofTerm '['he period extending from the Start of Te-rin ffirouf, h 3 years after the Proposal Due Date of Decerriber 2, 2014, Terin Renewal Upon expiration of the initial Icrin, the term may be renewed annually by mutual agreement of the City and the District. With each term renewal, provisions may lac updated by nnutual agreement of the City and the District. Insurance The District and its hattlers have coi,riprehensive, gencral liability inSUrance to cover all activities related to the work described in the. RIT, Principals (,'irace Robinson Hyde Chieff'Ingincer and General Manager Robert Ferrante Assistant Chicf Engineer and Assistant General Manager Similar Contracts and Qualifications As a 501,1/o owner with the hiland Empire Utilities Agency of the Inland Empire Regional Coniposting Facility (JERCF), located in Rancho Cucaillonga, CA, the District has been responsible for contractiva g to deliver more than 400,000 tons ofarricridmorn to if RCF for the corriposting of biosolids since the fac) l i ty opc ned i n 00t 7. The District's wastemiater trea(ment plants located in Los Angeles County collectively produce approximately 48 5,0001 wet tons of biosolids per year. The perw.nnel imanaging the operations of tile, Westlake Farnis Composting Facility are also responsible R)r managing Lhe biosolids management contracts for the District. Arriong their responsibHuics is assuring lhat trucks reliably arrive at loading stations to prevent a backlog of material onsite. The District rrianagcs approximately 200,0010 tons per monfli Of MUniCipal solid waste, 21,0010 tons per month of urban green waste, and approximately 40, 0100 wet toils per nionth of biosoli:ds. The District has qualified and experienced personnel who administer contracted scrvilices. The District has created procedures mid guidelines for monitoring the 1wrlorniance of contractors and cnforcing agreerrictits. 5120115 CC AGENDA PACKET PAGE 427 akersfiehl Wood Chip Sales Proposai Mr. RwImIez Otyoflk J,pa. jkmjgejes County Sardlawm tym�,Im d Nca , 2 The District has qualificd and experienced personnc who adminism- conmacted semcics. Thc Disvict has cmated proudw"es and guiddincs I'k,)r aionjtoiin�, dw performunce of contractors and enforcing agreemcm,s- Submitted Bv: Melissa Fischu Supervising Engincer Westlake Farms (" omposting FacHity 3l 23"� Avent,�le Kings Caumy, CA 93239 Phone: (562) 325-1622 Enmil- rnfisdwr( fl acsd.org Exhbit 'A'A 5120115 CC AGENDA PACKET PAGE 428 COUNTY SANITATION ois-r"RICTS OF— LOS ANGELES COL.JNTY M5 Workman W I � Rund, Whtfj(�r, CA 90601 -1400 Wnihng Addtc�s,,;: P 0. Box 4998, Wd,qjajpo�, ('A 90607,499fi ltflephoni,,� 1'562) 699-7411, FAX� (562) 699 5422 City of Bakersfield, City Hall 1600'Fruxtu-n Avenue Bakersfield, CA 93301 Sell 1_n-,urcdCerdfiea To Whom It May Concern: GRACE R()BjrqS0N HYDE Chief Enghieer and ('3enaroi &ImaUer February 24, 2015 The County Sanitation Districts of Los Angeles County have as self-insured retention of $1 Million and carry excess, coverage under Comprehensive General Liability for $25 Million with the Great American Assurance Comp iny. If you have any questions, please contact Deborah Treadwell at 562-908-4288, extension 2719, or email at dtTeadwe1l@,1acsd.org, Ve' truly yours, Gra e R. Hyde Deborah G. TreadweH, ARM Insurance and Claims Coordinator 5120115 CC AGENDA PACKET PAGE 429 5120115 CC A EN A PACKET PAGE 430 fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 Consent - Agreements n. TO: Honorable Mayor and City Council FROM: Dianne Hoover, Director of Recreation and Parks DATE: 5/7/2015 WARD: Ward 4 SUBJECT: Agreement with ABS Surplus-0 LLC, and indemnification of Albertsons, to allow the City to utilize a vacant lot at the southwest corner of Stockdale Highway and Buena Vista Road on July 4, 2015, to accommodate additional parking for the Fourth of July Event at The Park at River Walk. STAFF RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: This agreement will allow the City, without compensation, to utilize a vacant lot at the southwest corner of Stockdale Highway and Buena Vista Road owned by Albertsons to accommodate additional parking for the Fourth of July Event at The Park at River Walk on July 4, 2015. In exchange, the City has agreed to provide weed control and litter removal from May 21, 2015 through August 26, 2015. Albertsons has insisted on including an indemnity clause as a term of the agreement which requires the City to defend and hold harmless Albertsons from and against any and all loss, damage, liability or claims (including, without limitation, costs and expense of litigation and reasonable attorneys' fees) arising from, or connected with the City's use of the lot on July 4, 2015 and the City's performance of the weed control and litter removal. ATTACHMENTS: Description d Blue Memo Type Cover IMeirno Agreement Agreement 5120115 CC AGENDA PACKET PAGE 431 �INNWT.* I =*Z FROM: ROBERTA GAFFORD,, CITY CLERK I LSI�� At the request of the City Manager, Ag,enda item, 8,n. (Agreement with ABS Surplusi-O LLC) has been pulled. 5120115 CC AGENDA PACKET PAGE 432 B A K 'E IR S F I E L D �INNWT.* I =*Z FROM: ROBERTA GAFFORD,, CITY CLERK I LSI�� At the request of the City Manager, Ag,enda item, 8,n. (Agreement with ABS Surplusi-O LLC) has been pulled. 5120115 CC AGENDA PACKET PAGE 432 AGREEMENT NO. LICENSE AND INDEMNITY AGREEMENT THIS AGREEMENT is made as of the 20th day of May, 2015, by and beiween ABS SURPLUS-0 LLC, ("Licensor"), and the CITY OF BAKERSFIELD, a Charter City and rriunicipa� corporafion ("Lice nsee"). Ipplum UCB,4SE & lkiDEMN11Y AGREENAENT C:\4Jsers\s�,�ioaOO\AppDafa\L,occiii\M�crosofl\Wlndc)ws\Temporairy Internet Res\Conter,L0uflook\l WPZDHFC\AH-,ParkhgLot JcAgr2.015.docx Page � of 5 Fl es -- 5120115 CC AGENDA PACKET PAGE 433 4. INIURANCE. Licensee shaH maintain at its scree cost and expense at feast the foHowing insurc-ince covering its obHgations under this Agreement and riarning Licensor as an addifioinare insure& 4.1 Coryimercbl General UabHity for injury fo persons and darnage to property in an arnount riot less than Two Miflion re Doiiars ($2,000,000) fc r each OCCUrrence; 4.2 Comprehensive Corim ercbre Automobile Liabkty for owned vehicles and for hired and non-owned vel-kles rear an amount rot less ti-ion Two Milfior) Dofl ars ($2,000,000) for each accident and LICENSE & iNDEWUY AGREEMEW \R,Nse ,s\srhioaOO\AppDaia\L )cci6\Microsoti\Ol�ridov/s\Tempo -ary hternel FHes\ConI,eni.Ouflook\i WFIZD IFC\A L Flar&gi_ot UcAg2015.docx Page 2 of 5 Pages --- 5120115 CC AGENDA PACKET PAGE 434 43 WoO<ers' Cornpensaflon of statutory Hirnits carnet Ernployer's Uability at limits nof less thain One Million Dollars ($1,000,000). SUch inSLKarlCe shall be issued by one or rnore responsibie insurance carriers acceptable to Licensor and licensed to do business in CafforNa. Ul,,)on execution r,)f this Agreement and parlor to entering upon the Ucensed Prernises, ILlcense e shall provide Licensor Wth a Certificate of Insurance which sh(--fli ir�dicate all lrisurance coverage required by the provisions herei n and which sN,-A provide [1,,af Ucensor shall be provided Sri -limn thirty (30) days wrift nofice prior to cancellaflon or modification of such policy. 7 LEMQVAL FROM PREMISES. Upon terminaflon of this Agreernent, Licensee shaH im7edate y, in a good, careful and workmanlike mariner rernove its property,frorn the Licensed F"rernises, and retUrn'the Ucensed Premises to Licensor in as good a conc!H-ion as when received. 8. INDUCEMENT. This Agreement is not indUced by Licer'nsor, and Licensee states by w�y �fTn Ti�;� T-r�ent to Ucensor that Licensee has deterrnined that there is no violafion of any low being cornmitted l,-)y Licensee or Ucensor in or ansina froryi this Agreement. 9. ASSIG ' WENT. Licensee may nof assign its rights under this Agreemenf to any party without the prior express, written permission of Ucensor, provided I CENSE & R4DEWTY AGREEMENT C:'�L)sers\srhoaOONAppDnto\l-ocaV\R,,4icrosoft\Wir�dcws\l'ernporciry Iratecnet Files\Couitrrot.(.)(it�(,),ok\li.,WPZDI- RFC\AlI�,)FIc,,irkUrign..()q UcAg2015,doce, Page 3 of 5 Pages - 5120115 CC AGENDA PACKET PAGE 435 Licensee may, pern')if its agent, AEG Managernerif Bakersfield, l..LC,, to operate 'I"he Licensed Prernises during the Use Period, 10. ' NOTICES. Afl nofices given pursuant to this Agreernent shail b�e in writing and shail be given by certified United States mail, or offier established express delivery service (such as Federal Express), postage or delivery charge prepaid, addressed to [he appropr� cat e party as set forth below- Licensor: ABS SurpY us-0 LLC Licensee: City of Bakersfield 1600 Truxtun Avenue Bakersfield, Caffornia 93301 Fax: (661) 323-3780 The person and address to which notices are to be given may be changed at any time upon written notice to fhe other party. 11. CORPORATE AUTHORITY. Licensee warrants and affirms to Licensor that any and all persons signing this Agreernent for Licensee are authorized and empowered to so sign and such signing by such person or persons does bind Licensee to ali the terms, covenanfs and conditions of fts Agreement. 11 COUNTERPARTS. Ns Agreement r-nay be executed in COUnterparfs and the parties agree ftmf focsirniie signatures will have the some force and effect as original signatures,, [Signatures to follow on separate page] LICENSE & INDEMNTY AGREEMENT C:\Usei,s\srB,ioaOO\AppfiDa a'��.oca�\Microsofr \Windows\lemporLiry InIlernet FHes\Con� e nt. W look\ L W PZDH FC\A Parking Lot UcAgr20 G 5.docx -- Page 4 of 5 Pages -- 5120115 CC AGENDA PACKET PAGE 436 IN WITNESS WHEREOF, the parfies hereto have caused INs Agreement to be executed, the day and year fir sf-above wrnlfen. 'Ucensee" CITY OF BAKERSFIELD By* HARVEY L. HALL mayor APPROVED AS TO C0�14TENT: PARKS AND RECREATION DEPARTMENT el� B Y" IANNE HOOVER Director APPROVED ASTO FORM: VIRGINIA GENNARO City Attorney 001" y. ..... . /, '10 By� RICHARD IGER ASSOciate (,`-'�ty Atforney Insurance: (','OUNTEUGNED: NELSON SMITH Finance D�rector R I , is c "l-icensor" ABS SURPLUS-0 LC By- --'/TH0M4,,S`L/ HANAVAN Vice Presodent Form approved.'. UCENSE & NDE6v ,4i,rY AGREEMENT C:\Users\srhoaOO\Appl�ata\Locdl,,P�lcrosofi\Windows\Tery,iporary hterret Files\Coi e�if.0 jtY (,)ok'ALWPZIDF-IFC\Al�,>Porkingl-oi Uc,Ag')015.docx -- Page 5 of 5 Pages -- 5120115 CC AGENDA PACKET PAGE 437 fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 Consent - Agreements o. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 5/11/2015 WARD: Ward 3 SUBJECT: Cooperative Agreement with the State of California Department of Transportation (Caltrans) for the construction of the SR -99 and Rosedale Highway Off -Ramp Project (TRIP). STAFF RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The SR -99 and Rosedale Highway Off -Ramp Project is part of the Thomas Roads Improvement Program (TRIP). The project proposes to construct an auxiliary exit lane along southbound SR- 99 between the Gilmore Avenue Undercrossing and the off -ramp to Rosedale Highway. The Rosedale Highway off -ramp would also be widened to two lanes at the exit point from SR -99, and to four lanes at the ramp intersection with Rosedale Highway. This project is an operational improvement that was identified as part of the Bakersfield Beltway System. The project has independent utility, which means that this improvement, once built, will be operationally functional without additional improvements. A Cooperative Agreement for this project was previously approved by the City Council on March 4, 2015. The City was originally proposing to utilize federal savings from the recently approved Beltway Operational Improvements Project along with the required local match to fund this project. However, just days after City Council approval, Caltrans offered to contribute $7,467,000 from their State Highway Operation and Protection Program ( SHOPP) towards the construction of this project. This new Cooperative Agreement reflects this change in funding source. It is anticipated that the California Transportation Commission (CTC) will approve these SHOPP funds during their meeting on June 24 -25, 2015. With the use of the SHOPP funds for this project, the City will now be able to use the above - mentioned Beltway Project savings for the initial phase of the Centennial Corridor Project which is anticipated for early next year. Caltrans and the City have been working collaboratively on the Final Design for this project for the past several months, pursuant to Cooperative Agreement No. 14 -028 approved by the City Council on March 5, 2014. It is anticipated that advertising for construction bids for the project 5120115 CC AGENDA PACKET PAGE 438 will occur later this summer. The execution of this Cooperative Agreement is required in order for the City to obtain the encroachment permit from Caltrans and pursue the SHOPP funding necessary to construct the project. This Cooperative Agreement outlines the responsibilities of both the City and Caltrans regarding the construction of the project. This Cooperative Agreement will supersede the Agreement approved by City Council on March 4, 2015. ATTACHMENTS: Description Type d Agreement Agreement 5120115 CC A EN A PACKET PAGE 439 District Agreement No.: 06 -1615 Project ID: 0614000154 EA: 06- 48462 06 KER 99 (25.8/26.2) COOPERATIVE AGREEMENT COVER SHEET Work Description Southbound off ramp improvements on State Route 99 at Rosedale Highway Contact Information CALTRANS Steven Milton, Project Manager 2015 East Shields Avenue, Suite 100 Fresno, CA 93726 Office Phone: (559) 243 -3451 Email: Steven_ MiltonLdot.ca.gov CITY OF BAKERSFIELD Luis Topete, Project Manager 1600 Truxtun Bakersfield, CA 93301 Office Phone: (661) 326 -3483 Email: Ito ete >,bai <:ersfieldf�-eeways, us PACT Project Development Agreement 2015 -03 -12 (Created 05/12/15120115 CC AGENDA PACKET PAGE 440 Cover Sheet District Agreement No.: 06 -1615 Project ID: 0614000154 Table of Contents RECITALS............................................................................................................ ............................... 1 RESPONSIBILITIES............................................................................................ ............................... 2 Sponsorship....................................................................................................... ............................... 2 Funding............................................................................................................. ............................... 2 ImplementingAgency ....................................................................................... ............................... 3 IndependentQuality Assurance ........................................................................ ............................... 3 CEQA/NEPA Lead Agency .............................................................................. ............................... 3 Environmental Permits, Approvals and Agreements ........................................ ............................... 3 Construction...................................................................................................... ............................... 4 Schedule............................................................................................................ ............................... 6 AdditionalProvisions ........................................................................................ ............................... 6 GENERAL CONDITIONS ................................................................................. ............................... 11 DEFINITIONS..................................................................................................... ............................... 14 SIGNATURES..................................................................................................... ............................... 18 FUNDING SUMMARY No. 01 ............................................................................ ............................... 1 FUNDINGTABLE ........................................................................................... ............................... 1 SPENDINGSUMMARY ................................................................................. ............................... 1 Funding............................................................................................................. ............................... 2 Invoicingand Payment ...................................................................................... ............................... 2 CONSTRUCTIONSUPPORT .................................................................... ............................... 2 CONSTRUCTION CAPITAL ..................................................................... ............................... 2 Signatures.......................................................................................................... ............................... 3 ........................................................................................................................... ............................... 3 CLOSURESTATEMENT ..................................................................................... ............................... 2 PACT Project Development Agreement 2015 -03 -12 (Created 05/12/15120115 CC AGENDA PACKET PAGE 441 Cover Sheet District Agreement No.- 06-1615 Project ID 0614000154 Caltrans adriumstered finids trust be expended proportionally with all other fiinds. All project funds must be shown in the Funding Siumnary. Local ftinds cominitted to the project cannot be olmitted from the finidmg summary. PACT Project Development Agreement 2015-03-12 (Created 05/12a`155/2 CC AGENDA PACKET PAGE 442 District Agreement No.: 06 -1615 Project ID: 0614000154 EA: 06- 48462 06 KER 99 (25.8/26.2) COOPERATIVE AGREEMENT This AGREEMENT, effective on , is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and: City of Bakersfield, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY. RECITALS PARTNERS are authorized to enter into a cooperative agreement for improvements to the state highway system (SHS) per the California Streets and Highways Code sections 114 and 130. 2. For the purpose of this AGREEMENT, southbound off rainp improvements on State Route 99 at Rosedale Highway will be referred to hereinafter as PROJECT. The project scope of work is defined in the PROJECT initiation and approval documents (e.g. Project Study Report, Permit Engineering Evaluation Report, or Project Report). 3. All responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENTS will be referred to hereinafter as OBLIGATIONS: 0 CONSTRUCTION SUPPORT 0 CONSTRUCTION CAPITAL 4. This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between PARTNERS regarding the PROJECT. 5. The following work associated with this PROJECT has been completed or is in progress: 0 CALTRANS approved the Categorical Exemption on February 24, 2015. 0 CALTRANS approved the Categorical Exclusion on February 24, 2015. 0 CITY is developing the R/W Certification (Cooperative Agreement No. 1576). CITY is developing the Plans, Specifications and Estimate (Cooperative Agreement No. 1576). 6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms. PACT Project Development Agreement 2015 -03 -12 (Created 05/12/15120115 CC AGENDA PACKET' FAA E 443 Project ID: 0614000154 EA: 06- 48462 7. PARTNERS hereby set forth the terms, covenants, and conditions of this AGREEMENT, under which they will accomplish OBLIGATIONS. RESPONSIBILITIES Sponsorship 8. CALTRANS and CITY will co- SPONSOR the PROJECT COMPONENT included in this AGREEMENT in the following percentages. CALTRANS 91% CITY 9% Funding 9. FUNDING PARTNERS, funding sources, funding limits, spending limits, and invoicing/payment details are documented in the FUNDING SUMMARY. The FUNDING SUMMARY is incorporated and made an express part of this AGREEMENT. PARTNERS will execute a new FUNDING SUMMARY each time the funding details change. The FUNDING SUMMARY will be executed by a legally authorized representative of the respective PARTNERS. The most current fully executed FUNDING SUMMARY supersedes any previous FUNDING SUMMARY created for this AGREEMENT. Replacement of the FUNDING SUMMARY will not require an amendment to the body of this AGREEMENT unless the funding changes require it. 10. PARTNERS will not incur costs beyond the funding commitments in this AGREEMENT. 11. Unless otherwise documented in the FUNDING SUMMARY, all fund types contributed to a PROJECT COMPONENT will be spent proportionately within that PROJECT COMPONENT. 12. Unless otherwise documented in the FUNDING SUMMARY, any savings recognized within a PROJECT COMPONENT will be credited or reimbursed, when allowed by policy or law, in proportion to the amount contributed to that PROJECT COMPONENT by each fund type. 13. All costs incurred for WORK except those that are specifically excluded in this AGREEMENT are OBLIGATIONS COSTS. OBLIGATIONS COSTS are to be paid from the funds shown in the FUNDING SUMMARY. Costs that are not OBLIGATIONS COSTS are to be paid by the PARTNER incurring the costs from funds that are outside the scope of this AGREEMENT. PACT Project Development Agreement 2015 -03 -12 (Created 05/12/15120115 CC AGENDA PACKET FAA E 444 Project ID: 0614000154 EA: 06- 48462 Implementing Auncy 14. CITY is the IMPLEMENTING AGENCY for CONSTRUCTION. 15. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will provide a Quality Management Plan (QMP) for that component as part of the PROJECT MANAGEMENT PLAN. The Quality Management Plan describes the IMPLEMENTING AGENCY's quality policy and how it will be used. The Quality Management Plan is subject to CALTRANS review and approval. 16. Any PARTNER responsible for completing WORK shall make its personnel and consultants that prepare WORK available to help resolve WORK- related problems and changes for the entire duration of the PROJECT including PROJECT COMPONENT work that may occur under separate agreements. Independent Quality Assurance 17. CALTRANS will provide Independent Quality Assurance for the portions of WORK within the existing and proposed SHS right -of -way. CALTRANS' Independent Quality Assurance efforts are to ensure that CITY'S quality assurance activities result in WORK being developed in accordance with the applicable standards and within an established Quality Management Plan. Independent Quality Assurance does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking work performed by another party. When CALTRANS performs Independent Quality Assurance it does so for its own benefit. No one can assign liability to CALTRANS due to its Independent Quality Assurance. The cost of CALTRANS' Independent Quality Assurance is not an OBLIGATIONS COST. CEQA/NEPA Lead A2ency 18. CALTRANS is the CEQA Lead Agency for the PROJECT. 19. CALTRANS is the NEPA Lead Agency for the PROJECT. Environmental Permits, Approvals and Agreements 20. PARTNERS will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to each PARTNER's responsibilities in this AGREEMENT. PACT Project Development Agreement 2015 -03 -12 (Created 05/12/15120115 CC AGENDA PACKET FAA E 445 21. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary *in the course of completing the PROJECT. Construction 22. As IMPLEMENTING AGENCY for CONSTRUCTION, CITY is responsible for all CONSTRUCTION SUPPORT WORK except those CONSTRUCTION SUPPORT activities and responsibilities that are assigned to another PARTNER in this AGREEMENT and those activities that may be specifically excluded. 23. CALTRANS will be responsible for completing the following CONSTRUCTION SUPPORT activities: CALTRANS Work Breakdown Structure Identifier (If Applicable) OBLIGATION COST 285.05.15..xx Change Order Review & Approval as required in this No Agreement 270.20.45.xx SWPPP/WPCP Review & Approval No 24. Physical and legal possession of right-of-way must be completed prior to construction advertisement, unless PARTNERS inut-tially agree to other arrangements in writing. Right of way conveyances must be completed prior to OBLIGATION COMPLETION, unless PARTNERS mutually agree to other arrangements in writing. 25. CITY will advertise, open bids, award, and approve the construction contract in accordance with the California Public Contract Code and the California Labor Code. By accepting responsibility to advertise and award the construction contract, CITY also accepts responsibility to administer the construction contract. 26. Caltrans will not issue an Encroachment Permit for construction work until CALTRANS accepts: • The final plans, specifications, and estimate package • The Right of Way Certification 1 11111 1! 1 � 1111 j111i llim WOMM EffflONLIS I two I MZ Kali 9 1 all PACT Project Development Agreement 2015-03-12 (Created 05/12) °155/2 CC AGENDA PACKET PAGE 446 Project ID: 0614000154 EA: 06- 48462 27. CITY will provide a Resident Engineer and CONSTRUCTION SUPPORT staff that are independent of the construction contractor. The Resident Engineer will be a Civil Engineer, licensed in the State of California, who is responsible for construction contract administration activities. 28. CALTRANS will review and approve: Change Orders affecting public safety, public convenience, protected environmental resources, the preservation of property, all design and specification changes, and all major changes as defined in the CALTRANS Construction Manual. These Change Orders must receive written concurrence by CALTRANS prior to implementation. • The Stormwater Pollution Prevention Plan (SWPPP) or the Water Pollution Control Plan (WPCP). 29. If CONSTRUCTION CAPITAL is funded with state or federal funds then CITY will administer and process all construction contract claims using a CALTRANS- approved process. CALTRANS will provide Independent Quality Assurance for the claims process. 30. CITY will require the construction contractor to furnish payment and performance bonds naming CITY as obligee, and CALTRANS as additional obligee, and to carry liability insurance in accordance with CALTRANS Standard Specifications. 31. CITY is designated as the Approved Signatory Authority responsible for preparing and filing all Regional Water Quality Control Board (RWQCB) Permit Registration Documents including certifying the accuracy of all documents and its compliance in accordance with the Construction General Permit, and CALTRANS MS4 National Pollutant Discharge Elimination System (NPDES) permit for all work within the SHS. 32. The Quality Management Plan will describe how construction material verification and workmanship inspections will be performed at manufacturing sources and the PROJECT job - site. The construction material and source inspection Quality Management Plan is subject to review and approval by the CALTRANS Materials Engineer. 33. CITY may request CALTRANS to complete portions of CONSTRUCTION SUPPORT work as reimbursed engineering services. Should CALTRANS agree to perform the requested services, PARTNERS will document the arrangement in written Task Order. Such an arrangement does not change the responsibilities assigned in this AGREEMENT. Engineering services requested by CITY and provided by CALTRANS during CONSTRUCTION are -an OBLIGATIONS COST. PACT Project Development Agreement 2015 -03 -12 (Created 05/12/15120115 CC AGENDA PACKET FAA E 447 Project ID: 0614000154 EA: 06- 48462 34. As IMPLEMENTING AGENCY for construction, CITY is responsible for maintenance of the State Highway System within the PROJECT limits of those areas affected by the construction activities. Existing Maint Agreement .pda.con.180c.maint.2013 -11 -22 35. After OBLIGATION COMPLETION SHS maintenance will be handled through an existing maintenance agreement. 36. Within one hundred eighty (180) calendar days following the completion and acceptance of the PROJECT construction contract, CITY shall furnish CALTRANS with a complete set of "As- Built" plans and Change Orders, including any changes authorized by CALTRANS, on a CD ROM and in accordance with CALTRANS' then current CADD User's Manual (Section 4.3), Plans Preparation Manual, and CALTRANS practice. The plans will have the Resident Engineers name, contract number, and construction contract acceptance date printed on each plan sheet, and with the Resident Engineer's signature only on the title sheet. The As -Built plans will be in Microstation DGN format, version 7.0 or later. In addition, CITY will provide one set of As -Built plans and addenda in TIFF format. The submittal must also include all CALTRANS requested contract records, and land survey documents. The land survey documents include monument preservation documents and Records of Surveys prepared to satisfy the requirements of the California Land Surveyors Act (Business and Professions Code sections 8700 — 8805). Copies of survey documents and Records of Surveys filed in accordance with Business & Professions Code, including sections 8762 and 8771, shall contain the filing information provided by the county in which filed.. 37. Upon OBLIGATION COMPLETION, ownership or title to all materials and equipment constructed or installed for the operations and /or maintenance of the SHS within SHS right -of- way as part of WORK become the property of CALTRANS. CALTRANS will not accept ownership or title to any materials or equipment constructed or installed outside the SHS right -of -way. Schedule 38. PARTNERS will manage the schedule for OBLIGATIONS through the work plan included in the PROJECT MANAGEMENT PLAN. Additional Provisions 39. PARTNERS will perform all OBLIGATIONS in accordance with federal and California laws, regulations, and standards; FHWA STANDARDS; and CALTRANS STANDARDS. 40. CALTRANS retains the right to reject noncompliant WORK, protect public safety, preserve property rights, and ensure that all WORK is in the best interest of the SHS. PACT Project Development Agreement 2015 -03 -12 (Created 05/12/15120115 CC AGENDA PACKET FAA E 448 Project ID: 0614000154 EA: 06- 48462 41. Each PARTNER will ensure that personnel participating in OBLIGATIONS are appropriately qualified or licensed to perform the tasks assigned to them. 42. PARTNERS will invite each other to participate in the selection of any consultants who participate in OBLIGATIONS. 43. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within SHS right -of -way. Contractors and /or agents, and utility owners will not work within the SHS right -of -way without an encroachment permit issued in their name. CALTRANS will provide encroachment permits to PARTNERS, their contractors, consultants and agents, at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT shall prevail. 44. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the PROJECT COMPONENT WORK. 45. If any PARTNER discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTNER will notify all PARTNERS within twenty -four (24) hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and a plan is approved for its removal or protection. 46. PARTNERS will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the PROJECT in confidence to the extent permitted by law and where applicable, the provisions of California Government Code section 6254.5(e) shall protect the confidentiality of such documents in the event that said documents are shared between PARTNERS. PARTNERS will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the PROJECT without the written consent of the PARTNER authorized to release them, unless required or authorized to do so by law. 47. If a PARTNER receives a public records request pertaining to OBLIGATIONS, that PARTNER will notify PARTNERS within five (5) working days of receipt and make PARTNERS aware of any disclosed public documents. PARTNERS will consult with each other prior to the release of any public documents related to the PROJECT. 48. If HM -1 or HM -2 is found during a PROJECT COMPONENT, the IMPLEMENTING AGENCY for that PROJECT COMPONENT will immediately notify PARTNERS. PACT Project Development Agreement 2015 -03 -12 (Created 05/12/15120115 CC AGENDA PACKET FAA E 449 Project ID: 0614000154 EA: 06- 48462 49. CALTRANS, independent of the PROJECT, is responsible for any HM -1 found within the existing SHS right -of -way. CALTRANS will undertake, or cause to be undertaken, HM MANAGEMENT ACTIVITIES related to HM -1 with minimum impact to the PROJECT schedule. The cost for HM MANAGEMENT ACTIVITIES related to HM -1 found within the existing SHS right -of -way is not an OBLIGATIONS COST and CALTRANS will pay, or cause to be paid, all costs for HM -1 ACTIVITIES. 50. CITY, independent of the PROJECT, is responsible for any HM -1 found within the PROJECT limits and outside the existing SHS right -of -way. CITY will undertake, or cause to be undertaken, HM MANAGEMENT ACTIVITIES related to HM -1 with minimum impact to the PROJECT schedule. The cost of HM MANAGEMENT ACTIVITIES related to HM -1 found within the PROJECT limits and outside of the existing SHS right -of -way is not an OBLIGATIONS COST and CITY will pay, or cause to be paid, all costs for such ACTIVITIES. 51. If HM -2 is found within the PROJECT limits, the public agency responsible for the advertisement, award, and administration (AAA) of the PROJECT construction contract will be responsible for HM MANAGEMENT ACTIVITIES related to HM -2. 52. CALTRANS' acquisition or acceptance of title to any property on which any HM -1 or HM -2 is found will proceed in accordance with CALTRANS' policy on such acquisition. 53. Any PARTNER that is responsible for completing OBLIGATIONS will accept, reject, compromise, settle, or litigate claims arising from those OBLIGATIONS. 54. PARTNERS will confer on any claim that may affect OBLIGATIONS or PARTNERS' liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTNER will prejudice the rights of another PARTNER until after PARTNERS confer on the claim. 55. If the PROJECT expends state or federal funds, each PARTNER will comply with the federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTNERS will ensure that any for - profit party hired to participate in the OBLIGATIONS will comply with the requirements in 48 CFR, Chapter 1, Part 31. When state or federal funds are expended on the PROJECT these principles and requirements apply to all funding types included in this AGREEMENT. PACT Project Development Agreement 2015 -03 -12 (Created 05/12/15120115 CC AGENDA PACKET FAA E 450 Project ID: 0614000154 EA: 06- 48462 56. PARTNERS will maintain, and will ensure that any party hired by PARTNERS to participate in OBLIGATIONS will maintain, a financial management system that conforms to Generally Accepted Accounting Principles (GAAP), and that can properly accumulate and segregate incurred PROJECT costs and billings. 57. PARTNERS will maintain and make available to each other all OBLIGATIONS - related documents, including financial data, during the term of this AGREEMENT. PARTNERS will retain all OBLIGATIONS - related records for three (3) years after the final voucher. 58. PARTNERS have the right to audit each other in accordance with generally accepted governmental audit standards. CALTRANS, the state auditor, FHWA (if the PROJECT utilizes federal funds), and CITY will have access to all OBLIGATIONS - related records of each PARTNER, and any party hired by a PARTNER to participate in OBLIGATIONS, for audit, examination, excerpt, or transcription. The examination of any records will take place in the offices and locations where said records are generated and /or stored and will be accomplished during reasonable hours of operation. The auditing PARTNER will be permitted to make copies of any OBLIGATIONS - related records needed for the audit. The audited PARTNER will review the draft audit, findings, and recommendations, and provide written comments within thirty (30) calendar days of receipt. Upon completion of the final audit, PARTNERS have thirty (30) calendar days to refund or invoice as necessary in order to satisfy the obligation of the audit. Any audit dispute not resolved by PARTNERS is subject to mediation. Mediation will follow the process described in the General Conditions section of this AGREEMENT. 59. If the PROJECT expends state or federal funds, each PARTNER will undergo an annual audit in accordance with the Single Audit Act and the federal Office of Management and Budget (OMB) Circular A -133. 60. If the PROJECT expends federal funds, any PARTNER that hires an A &E consultant to perform WORK on any part of the PROJECT will ensure that the procurement of the consultant and the consultant overhead costs are in accordance with Chapter 10 of the Local Assistance Procedures Manual. PACT Project Development Agreement 2015 -03 -12 (Created 05/12/15120115 CC AGENDA PACKET FAA E 451 Project ID: 0614000154 EA: 06- 48462 61. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right - of -way in a safe and operable condition acceptable to CALTRANS. 62. If WORK stops for any reason, each PARTNER will continue to implement all of its applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, as they apply to each PARTNER's responsibilities in this AGREEMENT, in order to keep the PROJECT in environmental compliance until WORK resumes. 63. The cost of awards, judgments, or settlements generated by OBLIGATIONS is an OBLIGATIONS COST. 64. The cost of legal challenges to the environmental process or documentation is an OBLIGATIONS COSTS. 65. Fines, interest, or penalties levied against a PARTNER are not an OBLIGATIONS COST and will be paid, independent of OBLIGATIONS COST, by the PARTNER whose action or lack of action caused the levy. 66. The cost of any engineering support performed by CALTRANS includes all direct and applicable indirect costs. CALTRANS calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds administered by CALTRANS are subject to the current Program Functional Rate. All other funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and Administration Rate are adjusted periodically. 67. Travel, per diem, and third -party contract reimbursements are an OBLIGATIONS COST only after those hired by PARTNERS to participate in OBLIGATIONS incur and pay those costs. Payments for travel and per diem will not exceed the rates paid rank and file state employees under current California Department of Personnel Administration (DPA) rules current at the effective date of this AGREEMENT. If CITY invoices for rates in excess of DPA rates, CITY will fund the cost difference and reimburse CALTRANS for any overpayment. 68. If there are insufficient funds available in this AGREEMENT to place PROJECT right -of -way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY will fund these activities until such time as PARTNERS amend this AGREEMENT. That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process. PACT Project Development Agreement 2015 -03 -12 (Created 05/12/15 �1201j 5 CC AGENDA PACKET FAA E 452 Project ID: 0614000154 EA: 06- 48462 69. CITY will furnish CALTRANS with the Project History Files related to the PROJECT facilities on SHS within sixty (60) days following the completion of each PROJECT COMPONENT. CITY will prepare the Project History File in accordance with the Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a three - ring binder and on a CD ROM in PDF format. GENERAL CONDITIONS 70. PARTNERS understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTNER initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located. 71. All CALTRANS' OBLIGATIONS under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, and the allocation of funds by the California Transportation Commission. 72. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub - contractors, and /or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub - contractors, and /or its agents under this AGREEMENT. 73. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub - contractors, and /or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub - contractors, and /or its agents under this AGREEMENT. PACT Project Development Agreement 2015 -03 -12 (Created 05/12/15120115 CC AGENDA PACKE� FAA E 453 Project ID: 0614000154 EA: 06- 48462 74. PARTNERS do not intend this AGREEMENT to create a third party beneficiary or define duties, obligations, or rights in parties not signatory to this AGREEMENT. PARTNERS do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling OBLIGATIONS different from the standards imposed by law. 75. PARTNERS will not assign or attempt to assign OBLIGATIONS to parties not signatory to this AGREEMENT without an amendment to this AGREEMENT. 76. CITY will not interpret any ambiguity contained in this AGREEMENT against CALTRANS. CITY waives the provisions of California Civil Code section 1654. A waiver of a PARTNER's performance under this AGREEMENT will not constitute a continuous waiver of any other provision. 77. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary. 78. If any PARTNER defaults in its OBLIGATIONS, a non - defaulting PARTNER will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTNER fails to do so, the non - defaulting PARTNER may initiate dispute resolution. 79. PARTNERS will first attempt to resolve AGREEMENT disputes at the PROJECT team level. If they cannot resolve the dispute themselves, the CALTRANS district director and the executive officer of CITY will attempt to negotiate a resolution. If PARTNERS do not reach a resolution, PARTNERS' legal counsel will initiate mediation. PARTNERS agree to participate in mediation in good faith and will share equally in its costs. Neither the dispute nor the mediation process relieves PARTNERS from full and timely performance of OBLIGATIONS in accordance with the terms of this AGREEMENT. However, if any PARTNER stops fulfilling OBLIGATIONS, any other PARTNER may seek equitable relief to ensure that OBLIGATIONS continue. Except for equitable relief, no PARTNER may file a civil complaint until after mediation, or forty -five (45) calendar days after filing the written mediation request, whichever occurs first. PARTNERS will file any civil complaints in the Superior Court of the county in which the CALTRANS district office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located. The prevailing PARTNER will be entitled to an award of all costs, fees, and expenses, including reasonable attorney fees as a result of litigating a dispute under this AGREEMENT or to enforce the provisions of this article including equitable relief. PACT Project Development Agreement 2015 -03 -12 (Created 05/12/15 �1201j 5 CC AGENDA PACKET FAA E 454 Project ID: 0614000154 EA: 06- 48462 80. PARTNERS maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution. 81. If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT. 82. If during performance of WORK additional activities or environmental documentation is necessary to keep the PROJECT in environmental compliance, PARTNERS will amend this AGREEMENT to include completion of those additional tasks. 83. Except as otherwise provided in the AGREEMENT, PARTNERS will execute a formal written amendment if there are any changes to OBLIGATIONS. 84. When WORK performed on the PROJECT is done under contract and falls within the Labor Code section 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771, PARTNERS shall conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1 -7. PARTNERS shall include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts. Work performed by a PARTNER'S own employees is exempt from the Labor Code's Prevailing Wage requirements. 85. If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTNERS shall conform to the provisions of the Davis -Bacon and Related Acts, 40 U.S.C. § 276(a). When applicable, PARTNERS shall include federal prevailing wage requirements in contracts for public work. WORK performed by a PARTNER'S employees is exempt from federal prevailing wage requirements. 86. PARTNERS agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT. However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations. 87. PARTNERS intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the OBLIGATIONS. The requirements of this agreement shall preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT. PACT Project Development Agreement 2015 -03 -12 (Created 05/12/15 �1201j 5 CC AGENDA PACKET FAA E 455 Project ID: 0614000154 EA: 06- 48462 DEFINITIONS AGREEMENT — This agreement including any attachments, exhibits, and amendments. CALTRANS STANDARDS — CALTRANS policies and procedures, including, but not limited to, the guidance provided in the Project Development Procedures Manual (PDPM) and the CALTRANS Workplan Standards Guide for the Delivery of Capital Projects (WSG) [which contains the CALTRANS Work Breakdown Structure (WBS) and was previously known as the WBS Guide] and is available at http: / /www. dot. ca .gov /hq /projmgmt /guidance.htm. CEQA (California Environmental Quality Act) — The act (California Public Resources Code, sections 21000 et seq.) that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those significant impacts, if feasible. CFR (Code of Federal Regulations) — The general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government. CONSTRUCTION — See PROJECT COMPONENT. CONSTRUCTION CAPITAL — See PROJECT COMPONENT. CONSTRUCTION SUPPORT — See PROJECT COMPONENT. CLOSURE STATEMENT — A document signed by PARTNERS that verifies the completion of all OBLIGATIONS included in this AGREEMENT and in all amendments to this AGREEMENT. FHWA — Federal Highway Administration. FHWA STANDARDS — FHWA regulations, policies and procedures, including, but not limited to, the guidance provided at www.fhwa.dot.gov /topics.htm. FUNDING PARTNER — A PARTNER that commits funds in this AGREEMENT to fulfill OBLIGATIONS. A FUNDING PARTNER accepts the responsibility to provide the funds it commits in this Agreement. FUNDING SUMMARY — An executed document that names FUNDING PARTNER(S), includes a FUNDING TABLE, SPENDING SUMMARY, deposit amounts, and invoicing and payment methods. FUNDING TABLE — The table that designates funding sources, types of funds, and the PROJECT COMPONENT in which the funds are to be spent. Funds listed on the FUNDING TABLE are "not -to- exceed" amounts for each FUNDING PARTNER. PACT Project Development Agreement 2015 -03 -12 (Created 05/12/15120115 CC AGENDA PACKET FAA E 456 Project ID: 0614000154 EA: 06- 48462 GAAP (Generally Accepted Accounting Principles) — Uniform minimum standards and guidelines for financial accounting and reporting issued by the Federal Accounting Standards Advisory Board that serve to achieve some level of standardization. See http://www.fasab.gov/accepted.html. HM -1— Hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law whether it is disturbed by the PROJECT or not. HM -2 — Hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT. HM MANAGEMENT ACTIVITIES — Management activities related to either HM -1 or HM -2 including, without limitation, any necessary manifest requirements and disposal facility designations. IMPLEMENTING AGENCY — The PARTNER responsible for managing the scope, cost, and schedule of a PROJECT COMPONENT to ensure the completion of that component. IQA (Independent Quality Assurance) — CALTRANS' efforts to ensure that another PARTNER's quality assurance activities are in accordance with the applicable standards and the PROJECT's Quality Management Plan (QMP). When CALTRANS performs Independent Quality Assurance it does not develop, produce, validate, verify, re- check, or quality control another PARTNER's work products. NEPA (National Environmental Policy Act of 1969) — This federal act establishes a national policy for the environment and a process to disclose the adverse impacts of projects with a federal nexus. OBLIGATIONS — All WORK responsibilities and their associated costs. OBLIGATION COMPLETION — PARTNERS have fulfilled all OBLIGATIONS included in this AGREEMENT and have signed a COOPERATIVE AGREEMENT CLOSURE STATEMENT. OBLIGATIONS COST(S) — The cost(s) to complete the responsibilities assigned in this AGREEMENT. Costs that are specifically excluded in this AGREEMENT or that are not incurred in the performance of the responsibilities in this AGREEMENT are not OBLIGATIONS COSTS. OBLIGATIONS COSTS are to be paid from the funds shown in the FUNDING SUMMARY. Costs that are not OBLIGATIONS COSTS are to be paid by the party that incurs the cost from funds that are outside the scope of this AGREEMENT. PARTNER — Any individual signatory party to this AGREEMENT. PACT Project Development Agreement 2015 -03 -12 (Created 05/12/15120115 CC AGENDA PACKET FAA E 457 Project ID: 0614000154 EA: 06- 48462 PARTNERS — The term that collectively references all of the signatory agencies to this AGREEMENT. This term only describes the relationship between these agencies to work together to achieve a mutually beneficial goal. It is not used in the traditional legal sense in which one PARTNER's individual actions legally bind the other PARTNER. PROJECT COMPONENT — A distinct portion of the planning and project development process of a capital project as outlined in California Government Code, section 14529(b). • PID (Project Initiation Document) —The work required to deliver the project initiation document for the PROJECT in accordance with CALTRANS STANDARDS. • PA &ED (Project Approval and Environmental Document) — The work required to deliver the project approval and environmental documentation for the PROJECT in accordance with CALTRANS STANDARDS. • PS &E (Plans, Specifications, and Estimate) — The work required to deliver the plans, specifications, and estimate for the PROJECT in accordance with CALTRANS STANDARDS. • R/W (Right of Way) —The project components for the purpose of acquiring real property interests for the PROJECT in accordance with CALTRANS STANDARDS. R/W (Right of Way) SUPPORT —The work required to obtain all property interests for the PROJECT. R/W (Right of Way) CAPITAL — The funds for acquisition of property rights for the PROJECT. CONSTRUCTION— The project components for the purpose of completing the construction of the PROJECT in accordance with CALTRANS STANDARDS. CONSTRUCTION SUPPORT — The work required for the administration, acceptance, and final documentation of the construction contract for the PROJECT. CONSTRUCTION CAPITAL — The funds for the construction contract. PROJECT MANAGEMENT PLAN — A group of documents used to guide the PROJECT's execution and control throughout that project's lifecycle. QMP (Quality Management Plan) — An integral part of the PROJECT MANAGEMENT PLAN that describes IMPLEMENTING AGENCY'S quality policy and how it will be used. SHS (State Highway System) — All highways, right -of -way, and related facilities acquired, laid out, constructed, improved, or maintained as a state highway pursuant to constitutional or legislative authorization. PACT Project Development Agreement 2015 -03 -12 (Created 05/12/15 �1201j 5 CC AGENDA PACKET FAA E 458 Project ID: 0614000154 EA: 06- 48462 SPENDING SUMMARY — A table that identifies the funds available for expenditure by each PARTNER. The table shows the maximum reimbursable expenditure for each PARTNER in each PROJECT COMPONENT. SPONSOR — Any PARTNER that accepts the responsibility to establish scope of the PROJECT and the obligation to secure financial resources to fund the PROJECT COMPONENTS in this AGREEMENT. A SPONSOR is responsible for adjusting the PROJECT scope to match committed funds or securing additional funds to fully fund the PROJECT COMPONENTS in this AGREEMENT. If this AGREEMENT has more than one SPONSOR, funding adjustments will be made by percentage (as outlined in Responsibilities). Scope adjustments must be developed through the project development process and must be approved by CALTRANS as the owner /operator of the SHS. WORK — All efforts to complete the OBLIGATIONS included in this AGREEMENT as described by the activities in the CALTRANS Workplan Standards Guide for the Delivery of Capital Projects (WSG). PACT Project Development Agreement 2015 -03 -12 (Created 05/12/15120115 CC AGENDA PACKET FAA E 459 Project ID: 0614000154 EA: 06- 48462 SIGNATURES PARTNERS are empowered by California Streets and Highways Code section 114 and 130 to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. Signatories may execute this AGREEMENT through individual signature pages provided that each signature is an original. This AGREEMENT is not fully executed until all original signatures are attached. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION WE SHARRI BENDER EHLERT District Director Certified as to funds: ma WILLIAM ETHERTON Budget Manager CITY OF BAKERSFIELD HARVEY HALL Mayor APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT : NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney : ANDREW HEGLUND Deputy City Attorney COUNTERSIGNED: in NELSON SMITH Finance Director Insurance: PACT Project Development Agreement 2015 -03 -12 (Created 05/12/15120115 CC AGENDA PACKET FAA E 460 tr; ^ t CA 00 rl cl� r,i w M-0 @2 5120115 CC A GEN PACKET PA GE r") "I CA ca 91 W� 0 CA pia Ca m MOM m MINE mill IIIII 5120115 CC A GEN PACKET PA GE r") "I CA ca 91 W� 0 CA pia Ca m MOM m MINE IIIII 5120115 CC A GEN PACKET PA GE r") "I CA ca 91 W� 0 CA pia Ca m FUNDING SUMMARY No. 01 District Agreement No.: 06 -1615 Project ID: 0614000154 EA: 06- 48462 06 KER 99 (25.8/26.2) Funding Invoicing and Payment 1. PARTNERS will invoice for funds where the SPENDING SUMMARY shows that one PARTNER provides funds for use by another PARTNER. PARTNERS will pay invoices within forty -five (45) calendar days of receipt of invoice when not paying with Electronic Funds Transfer (EFT). When paying with EFT, CITY will pay invoices within five (5) calendar days of receipt of invoice. 2. If CITY has received EFT certification from CALTRANS then CITY will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS. 3. When a PARTNER is reimbursed for actual costs, invoices will be submitted each month for the prior month's expenditures. After all PROJECT COMPONENT WORK is complete, PARTNERS will submit a final accounting of all PROJECT COMPONENT costs. Based on the final accounting, PARTNERS will invoice and then refund or pay as necessary in order to satisfy the financial commitments of this AGREEMENT. CONSTRUCTION SUPPORT 4. No invoicing or reimbursement will occur for the CONSTRUCTION SUPPORT PROJECT COMPONENT. CONSTRUCTION CAPITAL 5. Invoicing or reimbursement will occur for the CONSTRUCTION CAPITAL PROJECT COMPONENT. PACT Project Development Agreement 2015 -03 -12 (Created 05/12/15) 2of3 5120115 CC AGENDA PACKET FACE 462 FUNDING SUMMARY No. 01 District Agreement No.: 06 -1615 Project ID: 0614000154 EA: 06- 48462 06 KER 99 (25.8/26.2) Signatures PARTNERS are empowered by California Streets and Highways Code sections 114 and 130 to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this FUNDING SUMMARY on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this FUNDING SUMMARY. Signatories may execute this FUNDING SUMMARY through individual signature pages provided that each signature is an original. This FUNDING SUMMARY is not fully executed until all original signatures are attached. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION WE Date STEVEN MILTON Project Manager WILLIAM ETHERTON District Budget Manager HQ Accounting PACT Project Development Agreement 2015 -03 -12 CITY OF BAKERSFIELD : Name Title Date 05/12/15) 3 of 3 5120115 CC A EN A PACKET PAGE 463 District Agreement No.: 06 -1615 Project ID: 0614000154 EA: 06- 48462 06 KER 99 (25.8/26.2) CLOSURE STATEMENT INSTRUCTIONS 1. Did PARTNERS complete all scope, cost and schedule commitments included in this AGREEMENT and any amendments to this AGREEMENT? 2. Did CALTRANS accept and approve all final deliverables submitted by CITY? YES / NO YES / NO 3. Did the CALTRANS HQ Office of Accounting verify that all final accounting for this AGREEMENT and any amendments to this AGREEMENT were completed? YES / NO 4. If construction is involved, did the CALTRANS District Project Manager verify that all claims and third party billings (utilities, etc.) have been settled before termination of the AGREEMENT? YES / NO 5. Did PARTNERS complete and transmit the As -Built Plans, Project History File, and all other required contract documents? YES / NO If ALL answers are "YES ", this form may be used to TERMINATE this AGREEMENT. (Created ) 5120115 CC AGENDA PACKET PAGE 464 District Agreement No.: 06 -1615 Project ID: 0614000154 EA: 06- 48462 06 KER 99 (25.8/26.2) CLOSURE STATEMENT PARTNERS agree that they have completed all scope, cost, and schedule commitments included in Agreement 06 -1615 and any amendments to the agreement. The final signature date on this document terminates Agreement 06 -1615 except survival articles. All survival articles in Agreement 06 -1615 will remain in effect until expired by law, terminated or modified in writing by PARTNER'S mutual agreement, whichever occurs earlier. The people signing this Agreement have the authority to do so on behalf of their public agencies. CALTRANS By: Name: District Director Date: (Created ) CITY OF BAKERSFIELD By: Name: City Mayor Date: 5120115 CC AGENDA PACKET FACE 46.E fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 CONSENT - Agreements p. TO: Honorable Mayor and City Council FROM: Art Chianello DATE: 5/5/2015 WARD: Ward (s) 4, 5, 6, 7 SUBJECT: Amendment No. 1 to Agreement No. 14 -141 with Sierra Construction and Excavation, Inc. ($1,000,000; revised not to exceed $2,000,000 and extend term one year), for the continued annual maintenance and repairs on the City's domestic water system. STAFF RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On July 16, 2014, Council approved the Annual Contract for the contractor to perform routine and emergency maintenance on the City's domestic water system in the amount of $1,000,000; renewable annually thereafter for two one -year periods. As a result of using this annual contract for on -going maintenance and repairs on our system the City no longer has to pay Cal Water's mark -up cost for using their contractors. This current arrangement with Sierra Construction has proven to be cost effective and staff estimates that the City is saving 15 to 20 percent annually by using an annual contract for this work. If approved, Amendment No.1 will add $1,000,000 for a new revised not to exceed amount of $2,000,000 and extend term one year. Funds are budgeted in the department's current year operating and capital improvement budgets and FY 2015 -16 operating and capital improvement budgets within the Domestic Water Enterprise Fund for this maintenance and repair service. Approval of the amendment will allow the City to continue to provide on -going maintenance and repairs on its domestic water system in the most efficient manner. ATTACHMENTS: Description Agreement No. 14- 141(1) Type Agreement 5120115 CC AGENDA PACKET PAGE 466 AGREEMENT NO. 14- 141(1) AMENDMENT NO. (1) TO AGREEMENT NO. 14 -141 THIS AMENDMENT NO. 1 TO AGREEMENT NO. 14 -141 is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY "), and SIERRA CONSTRUCTION & EXCAVATION INC., P.O. Box 21297, Bakersfield, CA 93390 -1297 (referred to herein as "CONTRACTOR "). RECITALS WHEREAS, on the 16th of July of 2014, CITY and CONTRACTOR entered into Agreement No. 14 -141 to provide Annual Maintenance relating to Potable Water System Infrastructure Construction and Repairs; and WHEREAS, the CITY desires to employ CONTRACTOR to provide a One (1) Year Contract, for Year 2 (which may be renewed annually for up to three years total) for Annual Maintenance relating to Potable Water System Infrastructure Construction and Repairs ( "Project" herein) as set forth herein. WHEREAS, CITY and CONTRACTOR have agreed to amend Agreement No. 14 -141 to provide additional Annual Maintenance relating to Potable Water System Infrastructure Construction and Repairs (Exhibit A). NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 2. of Agreement No. 14 -141 entitled "COMPENSATION" is hereby amended to read as follows: 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of an additional payment not to exceed One Million Dollars ($1,000,000) annually in accordance with the unit prices set forth in "Exhibit A" the total compensation shall not exceed Two Million Dollars ($2,000,000), total payment of which shall be paid for completed services after receipt of an itemized invoice approved by the Water Resources Manager or his designee. 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. 2. Paragraph 12 of Agreement No. 14 -141 entitled "TERM" is hereby amended to read as follows: CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \6D8AD318 - 5518- 43C1 -B3BA- 4F4DB8C3B 11A \PDFConvert.2562.1.Amendment1 ToAgreementW R14- 141_Sierra.doc March 10, 2015 -- Page 1 of 2 Pages -- 5120115 CC AGENDA PACKET FACE 467 12. TERM. This Agreement shall be effective for one (1) year from execution of contract (date). The term of this Agreement will be extended for two consecutive one -year periods unless either party terminates this Agreement as set forth below. 3. Except as amended herein, all provisions of Agreement No. 14 -141 shall remain in full force and effect. •I• IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 14 -141 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD By: HARVEY L. HALL Mayor APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT By: ART R. CHIANELLO, P. E. Water Resources Manager APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: VIRGINIA GENNARO City Attorney Insurance COUNTERSIGNED: By: NELSON SMITH Finance Director "CONTRACTOR" SIERRA CONSTRUCTION & EXCAVATION INC. in Print Name: Title: CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \6D8AD318 - 5518- 43C1 -B3BA- 4F4DB8C3B 11A \PDFConvert.2562.1.Amendment1 ToAgreementW R14- 141_Sierra.doc March 10, 2015 -- Page 2 of 2 Pages -- 5120115 CC AGENDA PACKET FACE 468 fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 CONSENT - Property Acquisition Agreements - TRIP q. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 5/4/2015 WARD: Ward 2 SUBJECT: Agreement with Lorena Alvarez ($136,500) to purchase real property located at 14 Dunlap 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 $136,500 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 5120115 CC AGENDA PACKET PAGE 469 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 104th 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 5120115 CC A EN A PACKET PAGE 470 APN: 020- 263 -03 TITLE REPORT NO: 1503 - 4766401 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 LORENA ALVAREZ, A MARRIED WOMAN AS HER 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: 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 -Six Thousand Five Hundred Dollars ($136,500.00) 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 Company dated November 4, 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 $136,500.00 issued by First American Title Company /Chicago Title Company /Lawyers Commonwealth 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 6 5120115 CC A EN A PACKET PAGE 471 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. 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 6 5120115 CC AGENDA PACKET PAGE 472 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 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 6 5120115 CC A EN A PACKET PAGE 473 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 sue. (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. S9601 et sec . (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 (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 6 5120115 CC AGENDA PACKET PAGE 474 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 RAGE 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 6 5120115 CC AGENDA PACKET PAGE 475 MAILING ADDRESS OF SELLER 14 Dunlap Street Bakersfield, CA 93309 MAILING ADDRESS OF BUYER 1600 Truxtun Avenue, 2nd Floor Bakersfield, CA 93301 BUYER: CITY OF BAKERSFIELD By: HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA 3ENNARO City Attorn y g k By: ANDREW HEGLUND Deputy City Attorney COUNTERSIGNED: By: NELSON K. SMITH Finance Director SELLER By: LORENA ALVAREZ APPROVED AS TO CONTENT: 0 NICK FIDLER Public Works Director Attachments: Exhibit "A" — Legal Description and Depiction of Fee Acquisition Page 6of6 5120115 CC A EN A PACKET PAGE 476 EXHIBIT 1 LEGAL DESCRIPTION OF FEE ACQUISITION Real property in the City of Bakersfield, County of Kern, State of California, described as follows: LOT 55 OF TRACT 1750 IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED JANUARY 26, 1955 IN BOOK 8, PAGE 181 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM 25% OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN OR UNDER OR THAT MAY BE AT ANY TIME PRODUCED OR EXTRACTED FROM ALL OF SAID LAND, AS RESERVED BY THE ANGLO CALIFORNIA NATIONAL BANK OF SAN FRANCISCO, AS ADMINISTRATOR WITH THE WILL ANNEXED OF THE ESTATE OF CHARLES COHN, DECEASED, IN DEED RECORDED MARCH 19, 1953 IN BOOK 2055, PAGE 397 OF OFFICIAL RECORDS. BY AN INSTRUMENT DATED MARCH 8, 1954 AND RECORDED APRIL 19, 1954 IN BOOK 2220, PAGE 357 OF OFFICIAL RECORDS, THE ANGLO CALIFORNIA NATIONAL BANK OF SAN FRANCISCO, AS ADMINISTRATOR WITH THE WILL ANNEXED OF THE ESTATE OF CHARLES COHN, DECEASED, GRANTED TO GEORGE BARNETT, 25% OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS DOWN TO A DEPTH OF 500 FEET BELOW THE SURFACE OF SAID LAND AND ALSO RELINQUISHED ALL RIGHT TO GO ON THE SURFACE OF SAID LAND FOR THE PURPOSE OF EXPLORING FOR, AND PRODUCING ANY OF SAID SUBSTANCES. BY QUITCLAIM DEED DATED AUGUST 31, 1956 AND RECORDED SEPTEMBER 5, 1956 IN BOOK 2659, PAGE 285 OF OFFICIAL RECORDS, GEORGE H. BARNETT AND MARIE F. BARNETT, HIS WIFE, RELINQUISHED ALL RIGHT TO THE USE OF THE SURFACE OF THE HEREINAFTER DESCRIBED LAND, OR ANY OTHER PORTION THEREOF ABOVE A DEPTH OF 500 FEET FOR THE PURPOSE OF DRILLING FOR OR DEVELOPING ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, PROVIDED, HOWEVER, THAT THE GRANTORS, THEIR HEIRS OR ASSIGNS SHALL HAVE THE RIGHT TO DEVELOP SUCH SUBSTANCES BY SLANT DRILLING FROM LOCATIONS ON ADJACENT LANDS AT DEPTHS OF MORE THAN 500 FEET AND IN SUCH MANNER AS NOT TO DISTURB THE SURFACE OF THE HEREIN DESCRIBED LAND OR ANY IMPROVEMENTS LOCATED THEREON. ALSO EXCEPTING THEREFROM 25% OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN OR UNDER SAID PREMISES OR THAT MAY BE AT ANY TIME PRODUCED OR EXTRACTED THEREFROM, TOGETHER WITH THE RIGHT TO PROSPECT FOR, DEVELOP, EXTRACT AND REMOVE THE SAME PROVIDED THAT THE GRANTOR RELINQUISHES ALL RIGHT OF ENTRY TO THE SURFACE OF SAID PREMISES TO A DEPTH OF 500 FEET FOR THE PURPOSE OF PROSPECTING FOR, EXTRACTING, REMOVING OR DEVELOPING SAID OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS AS RESERVED BY GEORGE H. BARNETT AND MARIE F. BARNETT, HUSBAND AND WIFE, IN DEED RECORDED APRIL 19, 1954 IN BOOK 2220, PAGE 362 OF OFFICIAL RECORDS. APN: 020 - 263- 03 -00 -2 5120115 CC A EN A PACKET PAGE 477 %06 01 tlwnm a Pr Op . ... ...... . . .. ....... . Ir 04 xmwwnow4 tlwnm 5120115 CC AGENDA PACKET PAGE 478 a Pr Op 5120115 CC AGENDA PACKET PAGE 478 fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 CONSENT - Property Acquisition Agreements - TRIP r. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 5/8/2015 WARD: Ward 2 SUBJECT: Agreement with Joseph Balbona ($121,000) to purchase real property located at 105 Dunlap 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 $121,000 is a product of negotiations based on appraisals prepared by Merriman Hurst and Associates and Valbridge and Associates. 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 5120115 CC AGENDA PACKET PAGE 479 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 105th 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 5120115 CC AGENDA PACKET PAGE 480 APN: 020 - 265 -10 TITLE REPORT NO: 1503- 4791487 PROJECT: Centennial Corridor Improvement Project EA: 06 -48460 REVISED OFFER - 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 JOSEPH ANTHONY BALBONA, A SINGLE 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 ONE HUNDRED TWENTY ONE THOUSAND DOLLARS ($121,000.00) 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 December 17, 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 $121,000.00 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. 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 concurrently with this Agreement, or as soon as possible thereafter when said deeds are available. After Page 1 of 7 5120115 CC AGENDA PACKET PAGE 481 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 2of7 5120115 CC AGENDA PACKET PAGE 482 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 5120115 CC AGENDA PACKET PAGE 483 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 sett . (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 seq. (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 (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 5120115 CC AGENDA PACKET PAGE 484 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 5120115 CC AGENDA PACKET PAGE 485 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. MAILING ADDRESS OF SELLER 11726 San Vicente Boulevard #500 Los Angeles, CA 90049 MAILING ADDRESS OF BUYER 1600 Truxtun Avenue, 2nd Floor Bakersfield, CA 93301 BUYER: CITY OF BAKERSFIELD By: HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney COUNTERSIGNED: By: NELSON K. SMITH Finance Director SELLER By: ILI JOSEPH ANTHONY 9ALBONA APPROVED AS TO CONTENT: By: NICK FIDLER Public Works Director Attachments: Exhibit "A" — Legal Description and Depiction of Fee Acquisition Page 6of7 5120115 CC AGENDA PACKET PAGE 486 Real property in the City of Bakersfif-fd, County of Kern, State of California, described as follows: LOT 44 OF TRACT NO. 17501, IN THE CM OF BAKE FIELD,, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED JANUARY 26, 1955, IN BOOK 8, PAGE 181 OF 114APS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ALL OIL, GAS, MINERALS, AND OTHER HYDROCARBON SUBSTANCES LYING BELOW THE SURFACE OF SAID LAND, BUT WITH NO RIGHT OF SURFACE ENTRY, AS DISCLOSED IN DEEDS OF RECORD. APN: 020-2615-10-00-6 5120115 CC AGENDA PACKET PAGE 487 1�t J 0 0 tj rl- cm If Ui M t- 10 00 LL11 W U- o oC U) CL -MANY ZIA 4t M lz' )34 Ra li7so fla 2S fill EgMi« I N to 4r; 0 Sol to (r. 5120115 CC AGENDA PACKET PAGE 488 fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 CONSENT - Property Acquisition Agreements - TRIP s. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 5/12/2015 WARD: Ward 2 SUBJECT: Agreement with Mario Hernandez - Orozco and Martha Hernandez ($272,000) to purchase real property located at 4501 Woodlake 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 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 5120115 CC AGENDA PACKET PAGE 489 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 106th 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 5120115 CC A EN A PACKET PAGE 490 APN: 020 - 522 -01 TITLE REPORT NO: 54114316 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 MARIO HERNANDEZ- OROZCO AND MARTHA ALICIA G. DE HERNANDEZ, 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 in the preliminary title report issued by Chicago Title Company 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 $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 5120115 CC A EN A PACKET PAGE 491 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. 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 5120115 CC A EN A PACKET PAGE 492 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 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 3of7 5120115 CC A EN A PACKET PAGE 493 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 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 5120115 CC A EN A PACKET PAGE 494 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 5120115 CC A EN A PACKET PAGE 49.E IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. MAILING ADDRESS OF SELLER 4501 Woodlake Drive Bakersfield, CA 93309 MAILING ADDRESS OF BUYER 1600 Truxtun Avenue, 2nd Floor Bakersfield, CA 93301 BUYER: CITY OF BAKERSFIELD M HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA,,,PENNARO City Attoo'ey\, By: ANDREW HEGLUND Deputy City Attorney COUNTERSIGNED: By: NELSON K. SMITH Finance Director SELLER By: Mario Hernandez-Orozco By: Martha Alicia G. De Hernandez APPROVED AS TO CONTENT: By: NICK FIDLER Public Works Director Attachments: Exhibit "A" — Legal Description and Depiction of Fee Acquisition Page 6 of 7 5120115 CC AGENDA PACKET PAGE 496 EXHIBIT A LEGAL DESCRIPTION OF FEE ACQUISITION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BAERKSFIELD, COUNTY OF KER, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 53 OF TRACT NO. 3559, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORINA, AS PER MAP RECORDED APRIL 20, 1972, IN BOOK 23 OF MAPS, PAGES 117 AND 118, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFORM ALL OIL, GAS, OTHER HYDROCARBON SUBSTANCES AND MINERALS OF ANY KIND OF CHARACTER, IN, ON OR THEREUNDER, AS RESERVED OR GRANTED IN DEEDS OF RECORD. UNLESS THE CONSENT OF THE SURFACE OWNER IS FIRST OBTAINED, THE MINERAL HOLDER, ITS SUCCESSORS AND ASSIGNS SHALL NOT ENTER UPON THE SURFACE OR IN OR THROUGH THE UPPER 500 FEET OF SAID LAND. APN: 020- 522 -01 5120115 CC A EN A PACKET PAGE 497 W M MOON --1 am IBM O%VO7 ol� list Fit 06 0 dg LU W P, 5120115 CC AGENDA PACKET PAGE 498 fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 Consent -Miscellaneous t. TO: Honorable Mayor and City Council FROM: Dianne Hoover, Director of Recreation and Parks DATE: 4/14/2015 WARD: SUBJECT: Appropriate $31,500 from Kaiser Permanente Southern California Fund grant revenues to the Recreation and Parks Operating Budget within the General Fund to provide swim lessons and passes to children and adults (Operation Splash). STAFF RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: On April 1, 2015, the Department of Recreation and Parks was awarded a one year, $31,500 grant from Kaiser Permanente Southern California Fund. The grant will provide: discounted swim lessons and summer season passes to low- income families through "Operation Splash;" water safety and healthy beverage education to parents, guardians, and caretakers; and a limited number of swim team participants at City pools. Approximately 1,660 will be served through this grant. 5120115 CC AGENDA PACKET PAGE 499 fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 CONSENT -Miscellaneous u. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 3/26/2015 WARD: Ward 1 SUBJECT: Appropriate $200,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 2) to the Public Works Department's Operating budget to fund electricity and repair and maintenance costs. STAFF RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: Both electrical and repairs & maintenance costs for Wastewater Treatment Plant No. 2 are projected to exceed budgeted amounts by $200,000 in aggregate. The adopted budget for electricity costs was $400,000. Actual expenditures for ten months total $462,497. This overage is due to both increasing electricity costs and downtime of the cogeneration equipment. Electricity rates are made up of consumption and demand charges. In the past two years, rate changes for consumption and demand rates have increased by 15 %. Staff proposes an additional appropriation of $155,000 to address the anticipated shortfall in Plant 2's electrical budget. Staff is currently working with a consultant to identify potential energy efficiency improvements to offset increasing electrical costs. The FY 15/16 proposed CIP budget includes a request for construction funding to implement energy efficiency improvements. In addition, Plant 2 has had a number of repair and maintenance issues related to the older Plant's equipment, including the cogeneration equipment. Maintenance issues associated with the cogeneration equipment corresponds to increasing electricity costs for the Plant. The adopted budget for the repair & maintenance costs was $234,000. To date, $272,000 has been expended for this line item. An additional appropriation of $45,000 is requested for Plant 2's repair & maintenance account to cover the current shortfall and to fund costs for the remainder of the fiscal year. Staff recommends the appropriation of $200,000 of Sewer Enterprise Funds to cover anticipated shortfalls in the electricity and repairs & maintenance accounts. There is no General Fund impact associated with this appropriation. 5120115 CC AGENDA PACKET PAGE 5 fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 Consent -Miscellaneous v. TO: Honorable Mayor and City Council FROM: Douglas R. Greener, Fire Chief DATE: 4/22/2015 WARD: SUBJECT: Appropriate $15,000 State Grant Revenue to the California Unified Program Agency (CUPA) Fund Operating Budget for wireless service. STAFF RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: At the October 19, 2011 meeting, the City Council accepted and approved the agreement with the California Environmental Protection Agency (Cal /EPA) for $70,494 California Environmental Reporting System (CERS) grant revenues. Grant funds were used for consulting services and the purchase of 5 Panasonic Toughbooks and docking stations. The remaining grant funds of $48,568 are to be used exclusively for wireless internet access to the CERS system. The objective of the grant is to provide the CUPA with wireless access to CERS during inspections and emergency responses to determine or verify any hazardous materials reported by regulated businesses. Grant funds were appropriated for wireless access in Fiscal Years 2012 -13 for $3,691 and 2013 -14 for $20,000. State law (Assembly Bill 2286, effective January 1, 2009) required that by January 1, 2013, regulated businesses use the internet to access the CERS system to report their hazardous materials and hazardous waste inventories to the local Certified Unified Program Agency (CUPA). The designated CUPA for the City of Bakersfield is the Bakersfield Fire Department. Staff requests the appropriation of $15,000 CERS grant revenue funds for wireless services rendered in fiscal year 2014 -15. 5120115 CC AGENDA PACKET PAGE 501 fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 CONSENT -Miscellaneous w. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/29/2015 WARD: Ward (s) 5, 6 SUBJECT: Appropriate $48,333 Transportation Development Act Article 3 Grant funding to the Public works Department's Capital Improvement Budget within the Bikeway and Pedestrian Pathway Fund for bike routes /lanes on various streets in Southwest Bakersfield. STAFF RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: The City successfully applied for a Transportation Development Act (TDA) grant to install bike lane striping, markings, and roadside signs along North and South Half Moon Drive and Olympia Drive. The project also includes signage designating "Bike Route" along various streets in southwest Bakersfield within an area bounded east /west by Old River Rd and New Stine Rd and north /south by Ming Avenue and White Lane. The project was advertised with a total of three bids received on March 31, 2015. Because the low bid is below the $40,000 contract threshold required for Council approval, only a departmental agreement is required for acceptance of the low bid. The low bid from Safety Striping Service, Inc was $34,443.70. Funding is also required for potential change orders, construction inspection services, and miscellaneous costs. Any unexpended grant funding will return to KernCog for future call for projects. However, Council approval of the appropriation of $48,333 in grant funding is necessary. This project is 100% funded with TDA Article 3 funds. Therefore, there is no General Fund impact associated with this project. 5120115 CC AGENDA PACKET PAGE 502 fr/ i ADMINISTRATIVE REPORT i MEETING DATE: 5/20/2015 REPORTS 11. a. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: 5/8/2015 WARD: SUBJECT: Department Budget Presentation: 1. Public Works Department STAFF RECOMMENDATION: BACKGROUND: Staff from the Public Works Department will provide a detailed overview of their FY 2015 -16 proposed operating budget. The budget overview will include discussion regarding the goals, accomplishments, and significant budget changes for the department. 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