HomeMy WebLinkAbout09/02/15 CC AGENDA PACKETCouncil Chambers, City Hall,1501 Truxtun Avenue
Regular Meeting 5:15 PM
REGULAR MEETING - 5:15 PM
1. ROLL CALL
2. INVOCATION by Pastor Donella Silveria, Emmanuel Lutheran Church.
3. PLEDGE OF ALLEGIANCE by Cami Wolliford, 3rd grade student at New
Life Christian School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to Murray
Bradshaw, Kids Cancer Connecting volunteer, declaring
September Childhood Cancer Awareness Month.
b. Presentation by Mayor Hall of a Proclamation to KC the Bull,
and Kern County Fair CEO Mike Olcott, declaring September
23rd through October 4th, 2015, Kern County Fair Days.
5. PUBLIC STATEMENTS
a. Written material submitted during Public Statements portion
of the meeting.
6. WORKSHOPS
7. APPOINTMENTS
8. CONSENT CALENDAR
Staff recommends adoption of Consent Calendar items.
Minutes:
a. Approval of minutes of the August 12, 2015, Regular City
Council Meetings.
Payments:
b. Receive and file department payments from July 31, 2015 to
August 20, 2015, in the amount of $30,376,523.58, Self
Insurance payments from July 31, 2015 to August 20, 2015,
in the amount of $417,755.81, totaling $30,794,279.39.
912115 CC A EN A PACKET PAGE 1
C
no
Ordinances:
Adoption of the following Ordinances amending various
sections of the Municipal Code:
1. Amending Section 2.04.080 relating to City Council
Consent Calendar Agenda Items.
2. Amending Section 5.50.100 relating to Advertising on
Taxicabs.
3. Amending Section 8.27.010 relating to Maintenance of
property.
4. Adding Chapter 15.56 relating to Expedited Permitting
Procedures for Small Residential Rooftop Solar
Systems.
5. Amending Section 16.32.060 relating to Tract Map
Improvements.
6. Amending Section 17.60.070 relating to Specialized
Signs.
Resolutions:
Approval of Two (2) Property Assessed Clean Energy (PACE)
Programs In the City of Bakersfield:
California Home Finance Authority PACE Program - Ygrene
1. Resolution Consenting to the Inclusion of Properties,
Within the City's Jurisdiction, in the California Home
Finance Authority Community Facilities District NO.
2014 -1 (Clean Energy) to Finance Renewable Energy
Improvements, Energy Efficiency and Water
Conservation Improvements and Electric Vehicle
Charging Infrastructure and Approving Associate
Membership in the Joint Exercise of Powers Authority
Related Thereto (SB 555).
2. Resolution Consenting to the Inclusion of Properties,
Within the City's Jurisdiction, in the California Home
Finance Authority Program to Finance Renewable
Energy Generation, Energy and Water Efficiency
Improvements and Electric Vehicle Charging
Infrastructure and Approving Associate Membership in
the Joint Exercise of Powers Authority Related Thereto
(AB 811).
3. Indemnification and Insurance Agreement.
California Municipal Finance Authority PACE Program -
Energy Efficient Equity ( "E3 ") and PACE Funding
Resolution Consenting to the Inclusion of Properties,
Within the City's Jurisdiction, in the CMFA
PACE Program; Authorizing CMFA to Accept
Applications from Property Owners, Conduct
Contractual Assessment Proceedings and Levy
912115 CC A EN A PACKET PAGE 2
Contractual Assessments Within the Territory of the
City.
2. Indemnification Agreement.
e. Revised and New Job Specifications - Change to Salary
Schedule and Reclassification:
1. Amendment No. 4 to Resolution No. 079 -13 approving
Memorandum of Understanding for employees of the
Blue and White Collar Units and adopting salary
schedule and related benefits for Police Computer
Forensic Examiner.
2. Revised Job Specification: Traffic Signal Technician
( #15310)
3. New Job Specification: Police Computer Forensic
Examiner ( #21400)
4. Reclassification: Police Service Technician to Police
Computer Forensic Examiner
f. Resolution confirming approval by the City Manager designee
of the Chief Code Enforcement Officer's report regarding
assessments of certain properties in the City for which
structures have been secured against entry or for the
abatement of certain weeds, debris and waste matter and
authorizing collection of the assessments by the Kern County
Tax Collector.
g. Resolution Adopting Sewer Connection Fees Pursuant to
Section 14.12.380 of the Municipal Code.
h. Resolution vacating Resolution No. 108 -12, which certified
the Final Environmental Impact Report (SCH #2011021042)
for the Kern River Flow and Municipal Water Program.
i. Resolution vacating Resolution No. 029 -14, which certified
Final Environmental Impact Report (SCH #2008041070) and
approved the 24th Street Improvement Project.
j. Resolution determining that Autoscope Rack Vision Terra
Video Detection Systems cannot be obtained through the
usual bidding procedures because of the need to integrate
said systems into existing traffic signal infrastructure and
authorizing the Finance Director to dispense with bidding
therefore, not to exceed $90,000 for FY 2015/16.
Ward(s) 1, 7 k. Resolutions to add the following territories to the
Consolidated Maintenance District and approving, confirming,
and adopting the Public Works Director's Report for each:
1. Area 4 -138 (900 Dr. Martin Luther King, Jr. Boulevard)
2. Area 5 -79 (2200 Wible Road)
Ward 5 I. Resolution of Intention No. 1853 to add Area 3 -97 (northwest
corner of Panama Lane and Old River Road) to the
Consolidated Maintenance District and preliminarily
912115 CC AGENDA PACKET PAGE 3
approving, confirming, and adopting the Public Works
Director's Report.
Ward 2 M. Resolution of Intention No. 1846 to order the vacation of the
alley east of V Street between 20th Street and 21st Street
within Block 218 and 219 of Godey Tract.
Agreements:
Ward 4 n. Final Map and Improvement Agreement with Symbolic
Investment & Operating Company, LLC for Tract 6364 Phase
6, located west of Allen Road and North of Reina Road.
Ward 4 0. 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 October 1 and 4, 2015, to accommodate additional
parking for two different special events at the Bright House
Networks Amphitheatre.
Ward 5 p. Median Landscaping on Buena Vista Road between White
Lane and Campus Park Drive:
1. Median Fee Reimbursement Agreement with Sierra
Oaks Partners, LLC ( "Developer "), (not to exceed
$80,856) for median construction and median
landscaping on Buena Vista Road between White Lane
and Campus Park Drive.
2. Appropriate $80,856 developer share project cost to the
Public Works Department's Capital Improvement budget
within the Capital Outlay Fund to fund reimbursement to
Developer.
q. Amendment No. 1 to Agreement No. 14 -318 with General
Tree Service Incorporated ($325,000; not to exceed $650,000
and extend the term to June 30, 2016) to continue the tree
trimming service.
Ward(s) 1, 2 r. Contract Change Order No. 27 to Agreement No. 13 -140 with
Security Paving Company, Inc. (decrease of $121,355.84;
revised not to exceed $14,228,302.03), for the SR -58 Gap
Closure Project.
Property Acquisition Agreements - TRIP:
Ward 2 S. Agreement with Victor Cotera ($277,000) to purchase real
property located at 4409 Kensington Avenue for the
Centennial Corridor Project.
Ward 2 t. Agreement with David and Loretta Bainton, Trustees of the
Bainton Living Trust dated 1/5/1992 ($242,000) to purchase
real property located at 804 Del Rey Court for the Centennial
Corridor Project.
912115 CC AGENDA PACKET PAGE
Ward 2 U. Agreement with Arnulfo Covarrubias ($243,000) to purchase
real property located at 608 Montclair Street for the
Centennial Corridor Project.
Ward 2 V. Agreement with Filemon Pedraza ($138,000) to purchase real
property located at 7 North Stine Road for the Centennial
Corridor Project.
Ward 2 W. Agreement with Landeron, LLC ($438,300) to purchase real
property located at 5085 Easton Drive for the Centennial
Corridor Project.
Bids:
X. Extend bid for a four axle side loading refuse truck
($346,431.17) from Golden State Peterbilt for the Public
Works Department, Solid Waste Division.
Y_ Accept bid from Golden State Peterbilt, Bakersfield,
($2,253,391.53) for seven replacement front loader refuse
trucks for the Public Works Department, Solid Waste Division.
Z. Accept bid and approve contract with Plank and Harvey, Inc.,
dba Cen -Cal Construction (not to exceed amount of
$1,773,131.50) for the annual contract for concrete
construction.
Ward (s) 1, 2, 4, s, 7 aa. Accept bid and approve contract with Robertson Industries,
Inc. ($136,466), for replacement playground rubberized
surfacing at various parks.
Miscellaneous:
ab. Appropriate $8,640 contributions from the Bakersfield
Foundation to the Police Department Operating Budget within
the General Fund to offset the costs of the purchase of a
Police Canine.
ac. Appropriate $50,000 State Grant Revenue for the Waste Tire
Enforcement Grant Program to the Community Development
Department Operating Budget in the General Fund.
Successor Agency Business:
ad. Settlement Agreement and Mutual Release between the
Successor Agency and the Kern Community College District
regarding AB 1290 Pass - Through Underpayments of the
former Bakersfield Redevelopment Agency.
9. CONSENT CALENDAR PUBLIC HEARINGS
Staff recommends conducting Consent Calendar Public Hearing and approval of
items.
10. HEARINGS
912115 CC A EN A PACKET PAGE 5
a. U.S. Department of Housing and Urban Development (HUD)
Action Plan Amendments:
1. FY 2010 -11 Amendment No. 12 - Create Neighborhood
Stabilization Program (NSP) Housing Acquisition and
Preservation Program with $141,352 Program
Income, and appropriate $141,352 to the NSP operating
budget;
2. FY 2011 -12 Amendment No. 4 - Increase Fire Station 1
Improvements Project $20,000 Community
Development Block Grant (CDBG) project savings and
change project scope;
3. FY 2014 -15 Amendment No. 5a - Transfer $250,000
HOME Investment Partnerships (HOME) Program from
New Construction Assistance Program to Housing
Urban Bakersfield Downpayment Assistance;
4. FY 2014 -15 Amendment No. 5b - Create Dr. Martin
Luther King Jr. Park and Community Center Lighting
Improvements Project with $130,000 project savings;
5. Appropriate $2,685 to the CDBG Operating Budget.
Staff recommends approval of the amendments and appropriations.
11. REPORTS
12. DEFERRED BUSINESS
13. NEW BUSINESS
a. League of California Cities Annual Conference appointment
of voting delegate(s) and City Position on Conference
Resolution(s).
Staff recommends Council appoint a voting delegate and alternate
delegate(s) and adopt staff recommended positions on the League
proposed resolutions.
14. COUNCIL AND MAYOR STATEMENTS
15. ADJOURNMENT
912115 CC AGENDA PACKET FACE 6
enaif
MEETING DATE: 9/2/2015 Presentations 4. a.
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: 6/15/2015
VI %1 N 13
SUBJECT: Presentation by Mayor Hall of a Proclamation to Murray Bradshaw,
Kids Cancer Connecting volunteer, declaring September Childhood
Cancer Awareness Month.
STAFF RECOMMENDATION:
BACKGROUND:
912115 CC AGENDA PACKET PAGE 7
enaif
MEETING DATE: 9/2/2015 Presentations 4. b.
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: 7/31/2015
VI %1 N 13
SUBJECT: Presentation by Mayor Hall of a Proclamation to KC the Bull, and Kern
County Fair CEO Mike Olcott, declaring September
23rd through October 4th, 2015, Kern County Fair Days.
STAFF RECOMMENDATION:
BACKGROUND:
912115 CC AGENDA PACKET PAGE
MAD Z IRM 0 w
L L
enaif
MEETING DATE: 9/2/2015 Public Statements 5. a.
TO: Honorable Mayor and City Council
FROM: Roberta Gafford, City Clerk
DATE: 9/9/2015
WARD:
SUBJECT: Written material submitted during Public Statements portion of the
meeting.
STAFF RECOMMENDATION:
BACKGROUND:
ATTACHMENTS:
Description
D Jennifer Sanchez
D Michael Fagans
D James Ross
Type
Correspondence
Correspondence
Correspondence
912115 CC AGENDA PACKET PAGE 9
µ -1 1 ' I a:
swxrruresr
*���
h.
Please take the survey!
CSU Bakersfield has applied to the League of American Bicyclists for designation
as a Bicycle tl'riendVy 9Da versity (BFU). To help them understand our campus, the
League has asked us to help distribute the following survey link to any students,
staff and faculty, alumni, and /or community members who are familiar with the
bicycle programs, facilities, and amenities on our campus.
Survey Link: httpis. / /mxww w.; ku irveyry cwvUK( ey.coiniro /r /ILtl L➢ w2015_99
Note this URL is customized for California State University,
Bakersfield! The survey will be open through Friday, September 18, 2015.
Thank you!
912115 CC AGENDA PACKET PAGE 10
��~ ���� ~
0���U��������
�
Leg
Oct. 2
Taft to. 'Bakersfield
Leg
Ont3
Bakersfield
Leg
Oct. 5
Kernville
Leg
Oct. 0
Leg 5/6
Oct. 7,8
Kernville to Tulare
Log 7
Oot8
Tulare mVisalia
Leg
Oct. 12
Hanford mFresno `
Leg
Oct. 13
Fresno mOakhurst
Leg 10
Oct. 14
OakhurmmMadom
Leg 11
Oct. 15
Madera toAtwater
Log 12
Oct. 16
Atwater to Turlock
Leg 13
Oct. 17
Turlock toSonora
Log 14
Oct. 19
Sonora mAvery
Log 15
Oct. 20
Avery to San Andreas
Log lG
Oct. 21
San Andreas mLodi
Log 17
Oct. 22
Lodi mStockton
Leg 18
Oct. 23
Stockton mModesto
FRESNO
�.�
L�na0IFORD
35.1 miles
o 71.6 miles
t 61.6 miles
e 61.6 miles
87.4 miles
nford 28.5 miles
*� 42 miles
� 46.5 miles
40.1 miles
TAFT\�
�40'.7mi|oo
'
18.5 miles
54.2 miles
30 miles
28.3 miles
40 miles
14.5 miles
35.6 miles
912115 CC AGENDA PACKET PAGE 11
Ygrene's team of nationa� financial experts, top operational managers and
locally connected coordinators will develop a clean energy district
that generates measurable results. Quickly and effectively.
ECONOMIC STIMULUS
Ygrene's program achieves the
tripe bottom line. it creates
jobs, builds the economy, and
redUces our carbon impact.
All projects require local permits and
customers approve work before
directing payment to contractor.
WIDE RANGE OF PROJECTS
Property owners can finance
thousands of different
energy and water
improvements.
LONG-TERM FINANCING
Payments for financing are
at affordable fixed rates over
five-to-30 year terms.
improvernents are paid through
the property tax bill, so lit doesn't
impact the property owner's credit
or ballance sheet, and the 1paayrnent
stays wiith the property if sold.
NO UPFRONT COSTS
Program application and
pre-approval can happen w thin 30
minutes and there are no upfront costs,
INCREASED BUSINESS
An effective PACE program can
drarnaticaiiy increase business for
energy contractors,
EASY PROJECT MANAGEMENT
Ygrene's software too0s aHow
contractors to easfly manage
jobs and appirowfls.
READY FUNDING
Ygrene's fully-funded district ensures
that project payment
is quick and convenueint.
YG Overy 0415.1
15 CC AGENDA PACKET PAGE 1
•ir:40r=
Local green jobs, energy savings,
millions in local economic investment
and a cleaner environment - these are
the benefits of having Ygrene Works
in your community.
All contractors must be licensed and bonded with the state of California
and are trained and certified by Ygrene. All projects require local
CONSUMER PROTECTION permits and customers approve work before directing payment to the
contractor.
ECONOMIC STIMULUS Ygrene's program achieves the triple bottom line. It creates
jobs, builds the economy, and reduces our carbon impact.
From solar panels to cool roofs to insulation, Ygrene is ready to fund
ENVIRONMENTAL BENEFIT thousands of environmentally friendly energy saving projects in your
community.
Ygrene manages every aspect of your community's clean energy district,
DEDICATED TEAM with supervision from government staff — a true turn -key operation with a
dedicated team that won't impact your local budget.
Because Ygrene pays for all costs including district implementation,
ZERO COST TO TAXPAYERS staffing and marketing, and provides all project funding, there is zero cost
to local taxpayers.
For more information call 707.236.6608 or email info@Ygrene.us
YG Overy 0415.
I� �• � �i /v iii %; � iaiiy� //� � /-%
i
Saving As California Legislature Passes $IB Drought Relief Bill
Package, PACE Financing Could Fund Millions in Additional
Water Upgrades, Ygrene
Ygrene Works Encourages Cities to Take Advantage of PACE Financing for Water Efficiency Upgrades
SANTA ROSA, Calif., April 2, 2015 /PRNewswire/ -- On the heels of California Governor Jerry Brown's newly
approved $1 billion Drought Relief Bill Package, Ygrene Energy Fund, a leading provider of property assessed
clean energy (PACE) programs, today pointed to the significant role that PACE financing can play in funding
many residential water conservation upgrades.
The urgency of the drought in California is leaving city managers, council members and residents asking what
they can do to help. Ygrene, whose Ygrene Works program offers 100 percent financing for residential and
commercial property owners to deploy energy efficiency and renewable energy upgrades, is poised to fund
water conservation upgrades during this critical time. Though PACE financing is widely recognized as a
mechanism for funding residential solar power, Ygrene Works PACE financing also offers funding for: rainwater
cisterns, water saving sprinkler system, drip irrigation, artificial turf and low flow plumbing. Ygrene Works can
help property owners pay for water saving upgrades that can ease the impact of regulations prohibiting water
use. Additionally, Ygrene Works puts capital to work in our local communities, financing not only residential
projects, but also commercial, industrial, and agricultural properties. Thousands of home and business owners
have utilized Ygrene Works' simple and affordable financing mechanism to improve the value of their property
and to save millions of dollars on their energy bills.
"CVAG and its members were one of the first to leverage the innovative Ygrene Works financing, through its
CV Upgrade program, and it has been a great success in our communities. Having already completed
hundreds of projects and enabled millions of dollars in energy and water - related savings, the program
continues to expand delivering many more opportunities for our residents to save water and electricity," said
Tom Kirk, Executive Director CVAG.
"Cities and residents are struggling to deal with the drought and are unaware that PACE financing can be used
to address many of the capital challenges they are facing," said Stacey Lawson, CEO of Ygrene Energy Fund.
"Ygrene is currently in the process of expanding its footprint by enrolling cities across California in order to give
all residents the opportunity to access the Ygrene Works program, a program designed to help everyone do
their part during this drought."
About Ygrene Energy Fund
Ygrene Energy Fund is the leading developer and administrator of clean energy financing programs
throughout the United States. The fully funded Ygrene Works program provides immediately accessible
financing for renewable generation, energy efficiency and water conservation upgrades to both residential and
commercial property owners at no upfront costs. Over the next five years, the Ygrene Works program is
projected to create tens of thousands of local jobs and invest hundreds of millions into local economies. Learn
more at www.ygreneworks.com (http: / /www.ygreneworks.com /).
912115 CC A EN A PACKET PAGE 13
Ygrene strives to do what's right for property owners and is committed to ensuring the highest
level of consumer protections and lending practices in the industry.
C Ur COrISUrnOr rote ction Poky andudesa
• Contractor Registration, Training and Certification
• Payment Protection for Property Owners
• Safer, More Flexible Financing Platform
• Consumer Disclosures
• Three -day Right to Cancel
• Energy- efficient Product Verification
• Pricing Controls
• Permit Verification
• Consumer Identity Confirmation
• Protections for Seniors and ESL
• Privacy
• Dispute Resolution
C onsurrr°w DiSdOSUres
'�,TT w�ronNraetw,mam, .
We have established policies and procedures to ensure property owners are fully informed
of the nature of the financial transaction they are entering into. The following special notices
help educate property owners of their legal rights and protections, every step of the way:
• Notice to Lender of Proposed Special Tax Lien
• Property Owner's Acknowledgment of Sole Responsibility to Deal with Lenders
• Notice of Special Tax Lien
• Financing Agreement /Unanimous Approval Agreement
• Closing Statement (includes all fees, APR /APY capitalized interest and amortization table)
• Assignment of Rights to Receive Proceeds
912115 CC AGENDA PACKET PACE 1
Qt.,mhty Assurarice and Control
912115 CC AGENDA PACKET PAGE 15
We r � o,, I o r,ltiinge f, 11 e v,/ o r I d - - c) n e cicmr r n ce r
p r, (,, I o �,, < ,it i i I r) I I <)t 4 vW y vw2 in n c i
,incl i—,(mfcc,, devehinIng a high
,)I ('11tcc), c If.), netwoN. A5 oaf I. of out co
r< I I n i I i q a n c j c ,, r I I f i c, ri I I o n pr (),- e , �,, x (> vic) r 1s (
i() he Ire r onir, a :or< <prow their I:jec,iuv�
AN nuMallom are rugiste!ed ind ogr,?e to cornpiv
v✓IIh 111 � ntr fl,! or2umo(i al thin oIII ' fmh � , Ior
i i y I n I f ,\qreel f lenL. etTlen,"', fnIduck-',
* Contractcw rmshioghter wilth the Ygrene
Pmwam.
* Ccvn0acWr must possess an active, vaNd
Wilmsh cNomcWes Ikea e Qued by the
WdwWa Contractors State Licome Bowd
(CS LB) andAw the CWTavvik Board for
IlDrofesslional Engineers, Land Surveyors and
GeWoMM& Thil uirrciludes rneefling fllil bonding,
dassfficafloins and worker's ccriiiiijensabon
requilreM'Ierfts and not having any previous or
current CS11,13 derogatay sWhn code&
.1 Contractor roUSt compdete trairfli-Ig
requkemo% and becwre ce=ed tikyugh
the gne ertifle tAato trng eC
prograin before approaching a customer as a
representatNe of the Ygrene Program,
4 ConVacbar must rernaki hn good standing
Wh he Ygrene Program,,
III v✓hc,,, wi-Wan work on KAW of the
�, ,Jctef(,;o , of)tra(,10t In vvith th(2 Ygrcinc',
A oWam also must regnWr wah the Pragam, I his
the P,Ompadior AqmeI,lent snd TV'eI,Inj
We samn stmidards and Pxpeckturn to, Ygmine
Cuit-OW (:a yord0o; Wining.
h-iey grow, we c.pow. We L)ell,,,�Ve vv:, can all 'I'vin
KV pmoding To smarte, most profit ble unerg)v
off uermy fmanoing toW Wkwoo pron-dwy roopeoy
ovveer and 111 (-"-Isv aed a.r7loya�71 le
(?Xf W r P (-Ca.
M Ing out Progt'rltll to undersMnd
I compo!"ent to nul
compi-iny prornise. We our
notwc)iI< of oducxc,:' and
I I) i j t I p r) I) e r t y o v\/ I i ( I, s ,,i !-)out our F, r (--) g) a
with tvinmg ;md and AnWHm t1hruugh the QrNw
(Word C.qw0tor yoning pinonmm lKs WOMM")
I-)rugawn unnufnq rht)t are
curnra kid III ruprpswunng fW1 tHnn" xyj anal tjvi
Prognon to tho Imml connnunny.
See AppmVi for ;, owront lot of cothiactors
(vrbhed O"pah Nw fynme UrtMed CmUnwbor
Befule I�,, YrfrC ie Pro(,,Jrpm to f+
�Yoperty n w f i e I , : i c I ) f I t t ci (,: I (-) r n i u s 1, nine( i n It la I
ind onrjoin(j 'Yu
pone LroTed CoMmmy tmmm,,,i
recqnrnf-nnnt5. Compimhosive cvAncor hamOrl
InUide, Ify, WH(w.nq r On lvornnts:
rII F)erson, lindiivIdwfl rrairiOng -, Fvp V
wMemd (m6mc1or is to a Reg oraf
Ama Manaqe�
(RAM) who
f�.)rovides one. 17ACRGY FUND
Onme paining A— %—I,,
:0 cmqyvm,,
Areas (,,)f focus
II c I u d e q a r r r r I,r g
ac(:.OSS t UIE'
)`onti,actor
web poqW,
LI5(:11 Of YgI`Eer10 i�lrcq:�osal Toof, f)Iocess ti,a1ning,
Winess dmmbpnwnt and mWANg sWport,
,'Al',Is alsc) ril:tend
ownm aweAN% vWT job WC and savAde
maferi,fl w ld rmv kei:iing sujor:mrt
912115 CC AGENDA PACKET PA GE 16
* WeWmwu - VVeeh|yeducatiuna|webinars * Rat mnkgageho|der
featuhngupdaUssonYgreneP'ogramheabums' * E|igib|eiMrovements
aoftweretuoxia|s.FACs'prOductoverviews
* Bun8 pmrmi�s
ando�erationa|procesychan8es. i|d|
* Omgm|ng$uIPPmft-Qnceinitia|t� a|ning
|scon p|etejhe RAMs rob istocoMnuo
assist|ny and mentonnQYgrene[ertiMe6
Contractors inanawering prope,tyuwner's
quesAiono about thePnogram.toensurethe
successfu|cump|edono4thef|nanc|ngand
fundingprooess.and�opruvideongoing
contractaf and education,
* ConLractor requirements
How to SeUUYgrane VVomkm
� Programhaa�uresandbenef|ts
� Contrachorwebporta|
* App|ication.approva|andfundingpnocess
* Forms and documenMon
Contractor * Accnuntmanagement
\ CMITUCat8oll Business Development
( �
rraKinhig: * MaM�etingc|eanenergyimpn�vernents
CoUrs2Overview
* Cu-marketing program
KmhMumtlomto
Ygmmnellowm
*Prograrohistory
*pund|ngmode|and
management system
*Finandng
qua|i%Uonsand
underwriting
"For homeowners consideringfinancingfor
[enargyWcient]honneirnprovernents. | ( �on't
think there's a betherprognann muttherethen
YgreneVVorks~
... cxuckvu Vinyl oeggns.sacromemocA
912115 CC AGENDA PACKET PA GE 17
Air Sealing and Ventilation
Air Filtration
Building Envelope
Duct Leakage and Sealing
Bathroom, ceiling, attic, and whole house fans
Insulation
Defect Correction
Attic, floor, walls, roof, ducts
Weather stripping
Home Sealing
Geothermal Exchange Heat Pumps
HVAC Systems
Evaporative Coolers
Cooler must have a separate ducting system from
air conditioning and heating ducting system
Natural gas storage water heater
Energy Star listed
Tankless water heater
Solar water heater system
Reflective insulation or radiant barriers
Reflective paints
Cool roof
Windows and glass doors
U value of 0.40 or less and solar heat gain
coefficient of 0.40 or less
Window filming
Skylights
Solar tubes
Additional building openings to add natural light
Lighting
Energy Star listed (no bulb, only retrofits)
Pool equipment
Pool circulating pumps
Solar thermal hot water systems
Solar thermal systems for pool heating
Photovoltaic systems (electricity)
Emerging technologies — see Custom Projects below
/
/
Building energy- management controls
HVAC duct zoning - control systems
Irrigation pumps and controls
Lighting controls
Industrial- and process- equipment motors
and controls
Occupancy- Sensor Lighting Fixtures
SMART Parking Lot Bi -Level Fixture
SMART Parking Garage Bi -Level Fixtures
SMART Pathway Lighting
SMART Wall Pack Fixtures
Task Ambient Office Lighting
Classroom Lighting
Refrigerator Case LED Lighting with Occupancy Sensors
Wireless, daylight lighting controls
Kitchen Exhaust Variable Air Volume Controls
Wireless HVAC Controls & Fault Detection
Faucet aerators
Core - plumbing system
Gray -water system
Instantaneous hot -water heater
Recirculation hot -water system
Demand initiated hot -water system
Hot -water pipe insulation
Irrigation - control system
Irrigation system
Rainwater cistern
Low -flow showerhead
High- efficiency toilets
Demand water softener
Whole -house water - manifold system
Cooling- condensate reuse
Cooling -tower conductivity controllers
Deionization
Filter upgrades
Foundation drain water
Water- saving landscaping
ardsca a replacement of irrigated ated areas p p g
Industrial - process water -use reduction
Pre -rinse spray valves
Recycled water source
Urinals
Waterless urinals
Fuel cells
Wind- turbine power system
Natural gas
Hydrogen fuel
Other fuel sources (emerging technologies)
Co- generation (heat and energy)
912115 CC A GENDA FAACKET FAA GE 18
Emerging technologies
Photovoiltaic systems (electricity)
Solar thermal hot-water systerns
Solar thermal systerns for, pool heating
Cooling-condeinsate reuse
Cooling-tower condUCtiVity controllers
Core-plumbing systern
Deionization
Dernand initiated hot-water system
Demand water softener
FaUcet aerators
Fifter upgrades
Foundation drain water
Grey-water system
1 -sigh- efficiency Mal lets
Hot-water pipe inSLIlaflon
Ind✓strial-process water-use reduction
instantaneous hot-water heater
irrigafloncontro system
lrhgabon system
Low flow showeirliezid
Pre-rinse spray valves
RaBnwater cistern
RecimUiaUon hot-water system
Recycled water source
Urinais
Waterless urinais
Whole -house water. rnanifoid systern
W991"Im, 0
and irrigation sy,,stems
can reduce your water
gallons annually.
Additonal b0ding openings for natural light
Air filtration
Air sealing and ventilation
Attic, floor, walls, roof, ducts
Bathroom, ceiling, attic, and whote-house fans
Buliding envelope
Classroom iighting
Corsi roof
Defect correction
Evaporative coders
Geothermall exchange heat PUMPS
HVAC systerns
insuiation
Kitchen exhaust variable air-vdurne contro s
Lighting (fiXtUre retrofits only)
NatUral gas storage water heater
OCCUpancy-sensor lighting fixtures
Pool equipment
Reflective insuiabon or radiant barriers
Refrigerator case LED fighting
Sealing & duct leakage
Skylights
SMART parking-gairage bkievel flXtUires
SMART parking -lot bidevel fixture
SMART pathway lighting
SMART wail -pack fixtures
Sdair tubes
Solar water heater system
'Tankless water heater
Task airriblent office flghflng
Weather stripping
Window H11irrung
Nridows and glass doors
Wireless dayllght-lighfing contro s
Wireless HVAC controls & fadt detecton
15% Equity in the Property
Building energy-irnanagement cointrols
Co-generation (heat and energy)
so
Ernergiing technd ogles
I Current on Mortgage Payments for 3 Years
Fuel calls
a
HVAC duct zoning-contrdl systems
Current on Property Taxes for 3 Years
Hydrogen fuel
ndiustrlal equipment, motors and controls
irdgation purrips and controis
No Bankruptcy for 3 Years
Lighting controNs
Naturai gas
Other fijel SOUrces
A. Minimum Finance Amount of $2,500
Wind-tuirbine power system
I
EzllylulC 111 lyl VJ I'). I
As Housing and Energy Costs Continue to Rise, Ygrene Becomes
First PACE ,•...., Provider to Complete
25 Multifamily AUpgrade •
More than 3M Multifamily Units in CA can now utilize Ygrene for Energy Improvements
Santa Rosa, CA (May 6, 2015) — On the heels of an announcement by Governor Brown and the U.S.
Department of Housing and Urban Development declaring support for Multifamily PACE, Ygrene Energy
Fund Inc. today announced that it has completed 25 multifamily PACE upgrade projects. Ygrene, a lead-
ing PACE financing provider, is the first and only PACE provider to complete energy upgrade projects for
multifamily housing ranging from 6 units to as many as 184 units, with market values up to $91M.
The diversity of projects covered by Ygrene Works speaks to the versatility of the program as well as its
potential to address this historically underserved market. The benefits of multifamily PACE projects in-
clude 100% financing for building upgrades with no out -of- pocket costs, non - recourse to the owner — the
financing stays with the building upon sale, and a non - callable 20 -year fixed rate. It can also help improve
a multifamily housing project's balance sheet, and is both tax efficient and tax deductible. On average, no
payment is required for the first 12 months.
"Between local rebates and Ygrene financing, it's a no- brainer for my clients," said Michael Grossberg, a
Sacramento -based contractor who worked on several of Ygrene's multifamily projects. "Federal rebates
sparked an initial interest amongst property owners for energy efficiency, renewable, and water conser-
vation retrofits, and when the funding dried up, Ygrene was right there to help continue to make these
projects a reality."
In January 2015, Governor Brown and the US Department of Housing and Urban Development announced
a series of actions aimed at expanding financing for energy improvements in multifamily housing. The
Governor established a Multifamily PACE Pilot which will enable PACE financing for certain multifamily
properties, including specific properties within HUD, the California Department of Housing and Community
Development, and the California Housing Finance Agency's portfolios, opening up financing to a new
segment of commercial PACE projects.
"In today's market the majority of renters are paying for their own gas & electricity, so anything we can do
to upgrade our property to make it more appealing, including double -paned windows and other energy
saving upgrades, is a nice differentiator. Ygrene's financing has made that possible," said Dick James,
owner of DJA Properties. "We've completed nine property upgrades with Ygrene and have another 6 -8
in the pipeline. Their contractors are professional, efficient and a pleasure to work with and I look forward
to completing more projects with them in the future"
— More —
912115 CC AGENDA PACKET FACE 20
Commercial PACE programs serving the multifamily housing market are central to making affordable
housing more energy efficient. According to HUD, there are more than 3 million multifamily housing units
in California alone, and improving the energy efficiency of these buildings nationwide by 20% would save
nearly $7 billion in energy costs each year and cut 350 million tons of carbon pollution in a decade.
"The support that Governor Brown and HUD have shown multifamily PACE programs showcases the true
potential of PACE to accelerate energy efficiency and conservation efforts in a completely underserved
market — multifamily housing," said Stacey Lawson, CEO of Ygrene Energy Fund. "The recently developed
HUD guidelines are the first of their kind and we are excited to see PACE become part of the toolkit to
help meet our climate goals with regard to multifamily housing. As homeownership continues to decline
in the US, we believe it is critical to provide multifamily units with the same financing benefits we've been
offering in the residential and commercial sectors for the past five years."
About Ygrene Energy Fund
Ygrene Energy Fund is the leading developer and administrator of clean energy financing programs
throughout the United States. The fully funded Ygrene Works program provides immediately accessible fi-
nancing for renewable generation, energy efficiency and water conservation upgrades to both residential
and commercial property owners at no upfront costs. Over the next five years, the Ygrene Works program
is projected to create tens of thousands of local jobs and invest hundreds of millions into local economies.
Learn more at www.ygreneworks.com.
Contact
MissionCTRL for Ygrene
ygrene@missionCTRLcommunications.com
YG MULTI 0515
_)
91211 CC EFL �g PACKET PAGE 21
enaif
MEETING DATE: 9/2/2015 Consent -Minutes a.
TO: Honorable Mayor and City Council
FROM: Roberta Gafford, City Clerk
DATE: 6/22/2015
WARD:
SUBJECT: Approval of minutes of the August 12, 2015, Regular City Council
Meetings.
STAFF RECOMMENDATION:
BACKGROUND:
ATTACHMENTS:
Description
Minutes - August 12
Type
C:3aCIH Ua p 11Mateid4l
912115 CC AGENDA PACKET PAGE 22
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF AUGUST 12, 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.
2.
3.
ROLL CALL
Present: Mayor Hall, Vice -Mayor Hanson,
Councilmembers Rivera (seated at 4:16
p.m.), Maxwell (seated at 3:35 p.m.),
Weir, Smith, Sullivan, Parlier
Absent: None
PUBLIC STATEMENTS
None.
CLOSED SESSION
a. Conference with Legal Counsel — Existing
Litigation; Closed Session pursuant to
Government Code section 54956.9(d)(1) for the
following:
1. Dow Chemical Co., et al v. Cal Water &
City of Bakersfield, San Mateo County
Superior Court Case No. CIV 470999.
2. Citizens Against The 24th Street Widening
Project v. City of Bakersfield, et al., Kern
County Superior Court Case No. S -1500-
CV- 281556, KCT.
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
Government Code section 54956.9 (d) (2), (e) (1)
(one matter).
Motion by Vice -Mayor Hanson to adjourn to Closed
Session at 3:31 p.m.
ACTION TAKEN
APPROVED
AB RIVERA,
MAXWELL
912115 CC AGENDA PACKET PAGE 23
Bakersfield, California, August 12, 2015 - Page 2
3. CLOSED SESSION continued
Motion by Councilmember Weir to adjourn from
Closed Session at 5:03 p.m.
Meeting reconvened at 5:11 p.m.
4. CLOSED SESSION ACTION
a. Conference with Legal Counsel — Existing
Litigation; Closed Session pursuant to
Government Code section 54956.9(d) (1) for the
following:
1. Dow Chemical Co., et al v. Cal Water &
City of Bakersfield, San Mateo County
Superior Court Case No. CIV 470999.
2. Citizens Against The 24th Street Widening
Project v. City of Bakersfield, et al., Kern
County Superior Court Case No. S -1500-
CV- 281556, KCT.
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
Government Code section 54956.9 (d) (2), (e) (1)
(one matter).
5. ADJOURNMENT
Mayor Hall adjourned the meeting at 5:12 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
REGULAR MEETING -5:15 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice -Mayor Hanson,
Councilmembers Rivera, Maxwell, Weir,
Smith, Sullivan, Parlier
Absent: None
ACTION TAKEN
APPROVED
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
CONTINUED TO
SEPTEMBER 2, 2015
MEETING
912115 CC A EN A PACKET PAGE 2
Bakersfield, California, August 12, 2015 — Page 3
2. INVOCATION by Joey Williams, Faith in Action Lead
Organizer.
3. PLEDGE OF ALLEGIANCE by Mia Gonzales, 2nd grade
student at Downtown Elementary School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Certificate of
Appreciation to Stan and Lisa Pearcy
acknowledging the selection of their yard as
the Yard of the Quarter.
Mr. Pearcy accepted the certificate and
made comments.
5. PUBLIC STATEMENTS
a. Kern County Supervisor David Couch
introduced the following representatives from
the Alzheimer's Disease Association of Kern
County, who spoke regarding fundraising efforts
for a new building project in Seven Oaks
Business Park and encouraged the public to
see their mission in action by contacting
661- 393 -8871: Robin Woodward, Business
Development Director; and Terri Agcaoili,
Events and Outreach Coordinator.
b. Dennis Fox spoke regarding Consent Calendar
item 8.aj., contract for annual hauling of
spreading of biosolids, and suggested the City
consider selling the material instead.
6. WORKSHOPS
None.
7. APPOINTMENTS
None.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the July 22, 2015,
Special and Regular City Council Meetings.
ACTION TAKEN
912115 CC A EN A PACKET PAGE 25
Bakersfield, California, August 12, 2015 - Page 4
8. CONSENT CALENDAR continued ACTION TAKEN
Payments:
b. Receive and file department payments from
July 10, 2015 to July 30, 2015 in the amount of
$23,713,387.68, Self- Insurance payments from
July 10, 2015 to July 30, 2015 in the amount of
$1,003,249.73, totaling $24,716,637.41.
Ordinances:
C. First reading of the following Ordinances
amending various sections of the Municipal
Code:
1. Amending Section 2.04.080 relating to
City Council Consent Calendar Agenda
Items.
2. Amending Section 5.50.100 relating to
Advertising on Taxicabs.
3. Amending Section 8.27.010 relating to
Maintenance of property.
4. Adding Chapter 15.56 relating to
Expedited Permitting Procedures for
Small Residential Rooftop Solar Systems.
5. Amending BMC Section 16.32.060
relating to Tract Map Improvements.
6. Amending Section 17.60.070 relating to
Specialized Signs.
Resolutions:
d. Resolution authorizing the sale ($1.00) of a
surplus electrolier light pole to the Dust Bowl
Historical Foundation, Inc., a nonprofit
organization.
e. Amendment No. 18 to Resolution No. 44 -93
setting salaries and related benefits for the
Temporary Unit (Transportation Officer I - III,
Police Department).
FR
FR
FR
FR
FR
FR
RES 097 -15
REMOVED FOR
SEPARATE
CONSIDERATION
912115 CC A EN A PACKET PAGE 26
Bakersfield, California, August 12, 2015 - Page 5
CONSENT CALENDAR continued
Resolution confirming approval by the City
Manager designee of the Chief Code
Enforcement Officer's report regarding
assessments of certain properties in the City for
which structures have been secured against
entry or for the abatement of certain weeds,
debris and waste matter and the demolishment
of dangerous buildings and authorizing
collection of the assessments by the Kern
County Tax Collector.
g. Resolution authorizing the City to enter into
agreement with the California High -Speed Rail
Authority to initiate the preparation of a High
Speed Rail Station Area Plan for Downtown
Bakersfield.
h. A Resolution of Local Support of Congestion
Mitigation and Air Quality (CMAQ) Projects for
Federal Fiscal Years 2016/2017 & 2017/2018.
A Resolution of Local Support of Regional
Surface Transportation Program (RSTP) Projects
for Federal Fiscal Years 2016/2017 and
2017/2018.
Resolution determining that E.J. Ward, Inc.
automated fueling systems and subsequent
service and maintenance cannot be
obtained through the usual bidding procedures
and authorizing the Finance Director to
dispense with bidding therefore, not to exceed
$70,000.
k. Resolution determining that certain GeoTab
GPS Fleet Tracking Systems cannot be
reasonably obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding therefore and
purchase GeoTab GPS Fleet Tracking Systems
from Blackhole Technologies, Inc., not to
exceed $40,000.
ACTION TAKEN
RES 098 -15
REMOVED FOR
SEPARATE
CONSIDERATION
RES 100 -15
RES 101 -15
RES 102 -15
REMOVED FOR
SEPARATE
CONSIDERATION
912115 CC A EN A PACKET PAGE 27
Bakersfield, California, August 12, 2015 - Page 6
CONSENT CALENDAR continued
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 # 1851 to add Area 4 -138 (900 Dr.
Martin Luther King Jr. Boulevard)
2. ROI # 1852 to add Area 5-2.79 (2200
Wible Road)
Agreements:
M. Agreement with Golden Empire Affordable
Housing, Inc. II for $300,000 HOME Investment
Partnership Program (HOME) Community
Development Housing Organization (CHDO)
funds for the rehabilitation of approximately 102
units of multifamily housing known as Green
Gardens Apartments located at 2300 South
Union Avenue.
n. Agreement with Muthana Corp., to provide
concession services at the Mesa Marin Sports
Complex.
o. Pavement Rehabilitation and ADA
Improvements at various GET Bus Stop locations:
1. Agreement with Golden Empire Transit for
allocation of $500,000 of Transportation
Development Act (TDA) Article 8 Funds for
said improvements.
2. Appropriate $500,000 TDA Article 8 funds to
the Public Works Department's Capital
Improvement Budget within the State
Transportation Fund.
P. Final Map, Improvement Agreement, and
Landscape Improvement Agreement with
Froehlich, Inc. for Tract Map 6796 Phase 2,
located east of Jenkins Road and north of
Brimhall Road.
ACTION TAKEN
ROI 1851
ROI 1852
AGR 15 -190
AGR 15 -191
REMOVED BY
STAFF
REMOVED BY
STAFF
912115 CC A EN A PACKET PAGE 28
Bakersfield, California, August 12, 2015 - Page 7
CONSENT CALENDAR continued ACTION TAKEN
q. Final Map and Improvement Agreement with AGR 15 -192
Castle & Cooke California, Inc. for Tract 7161
Phase 1, located east of Allen Road and north
of White Lane.
Final Map, Improvement Agreement, and AGR 15 -193
Landscape Improvement Agreement with River AGR 15 -194
Ranch Community, LLC for Tract 7243, located
east of Old River Road and south of Berkshire
Road.
Final Map and Improvement Agreement with AGR 15 -195
G.C. Investments for Parcel Map 12112 Phase 2,
located at the northeast corner of Stockdale
Highway and Coffee Road.
t. Amendment No. 3 to Agreement No. 08 -015 REMOVED FOR
with Redflex ($257,476.80; revised not to exceed SEPARATE
$742,282.80 and extend term five years) for CONSIDERATION
Photo Enforced Redlight Citation Program.
U. Amendment No. 3 to Agreement No. 12 -124 AGR 12- 124(3)
with Crop Production Services ($100,000; revised
not to exceed $564,000 and extend term one
year) to continue the supply of chemicals and
insecticides /herbicide.
V. Amendment No. 1 to Disposition and REMOVED FOR
Development Agreement (DDA) No. 15 -058 SEPARATE
with Mill Creek Village CIC, LP (Chelsea CONSIDERATION
Investment Corporation) for the development
of 63 units of affordable senior housing and a
100 -space parking facility located at 508 18th
Street.
W. Contract Change Order No. 4 to Agreement AGR 14 -139
No. 14 -139 with GM Engineering ($18,080.27; CCO4
revised not to exceed $681,507.21), for the
project known as Forcemain Replacement for
Fairfax Road Sewer Lift Station.
X. Contract Change Orders Nos. 6, 22, 24, 25, and AGR 13 -140
26 to Agreement No. 13 -140 with Security CCO 6, CCO 22,
Paving Company, Inc. (decrease of $59,128.70; CCO 24, CCO 25
revised not to exceed $14,349,657.87), for the CCO 26
SR -58 Gap Closure Project.
912115 CC A EN A PACKET PAGE 29
Bakersfield, California, August 12, 2015 - Page 8
CONSENT CALENDAR continued ACTION TAKEN
Y. Contract Change Order Nos. 33, 35, 40, 41, [43
through 50] and 53 to Agreement No. 13-118
with Granite Construction ($28,196.92; revised
not to exceed $26,217,558.84; change orders
funded with Federal Earmark Funds {88.53 %}
and Capital Outlay Utility /Roads Fund {1 1.47 % })
for the SR -178 and Morning Drive Interchange
Project. (TRIP)
AGR 13 -118
CCO 33, CCO 35,
CCO 40, CCO 41,
CCO 43, CCO 44,
CCO 45, CCO 46,
CCO 47, CCO 48,
CCO 49, CCO 50
CCO 53
Z. Contract Change Orders 3, 4, and 5 to AGR 14 -241
Agreement No. 14 -241 with Security Paving CCO 3, CCO 4,
Company ($654,195.00; revised not to CCO 5
exceed $82,695,516.04; change orders funded
with Federal Earmark Funds {80%} and Capital
Outlay Utility /Road Fund {20%1) for Beltway
Operational Improvements (BOI) Project .(TRIP)
Property Acquisition Agreements - TRIP:
aa.
Agreement with Charles and Sue Henriksen
AGR 15 -196
($245,000) to purchase real property located at
DEED 8253
4316 La Mirada Drive for the Centennial
Corridor Project.
ab.
Agreement with Gloria Cortez ($153,000) to
AGR 15 -197
purchase real property located at 4308 Joseph
DEED 8254
Drive for the Centennial Corridor Project.
ac.
Agreement with Maureen Sliter ($138,000) to
AGR 15 -198
purchase real property located at 109 Morrison
DEED 8255
Street for the Centennial Corridor Project.
ad.
Agreement with Cherie Lynn Cadena
AGR 15 -199
($287,000) to purchase real property located at
DEED 8256
4212 La Mirada Drive for the Centennial
Corridor Project.
ae.
Agreement with Karen Osgood and Gregory
AGR 15 -200
Rice, Co- Trustees of the Maureen Rice Family
DEED 8257
Trust dated 2/20/1987 ($1,158,000) to purchase
real property located at 4800 Easton Drive -
Units 108-112 for the Centennial Corridor
Project.
af.
Agreement with Roberto and Silvia Villa
AGR 15 -201
($502,000) to purchase real property located at
DEED 8258
204 Williamson Way for the Centennial Corridor
Project.
912115 CC A EN A PACKET PAGE 3
Bakersfield, California, August 12, 2015 - Page 9
CONSENT CALENDAR continued
Bids:
ag. Accept Bid and Approve Contract with Loop
Electric, Inc. ($73,845.00) for Street Light
Improvements: P Street from Ming Avenue to
Belle Terrace.
ah. Accept bid and approve annual contract with
International Coatings Co., Inc., ($142,813.75)
for the continued supply of traffic paint.
ai. Accept bid and approve annual contract to
Cal Mat Co. dba Vulcan Materials Company
($6,395,943.63) for the continued supply of
street materials.
aj. Accept bid and approve contract with
Precision Fertilizer Spreading (not to exceed
$109,000) for annual Hauling and Spreading of
Biosolids.
Miscellaneous:
ak. Appropriate $8,800 in contributions from the
Bakersfield Foundation to the Police
Department Operating Budget within
the General Fund to offset the costs of the K -9
trials event held June 27, 2015.
al. Appropriate $110,900 Other State Shared
Revenues from the Kern County Remote Access
Network (RAN) to the General Fund Police
Operating Budget, to provide funding for
salaries and benefits, over -time, training and
equipment for Latent Print Examiners and Crime
Lab personnel.
Successor Agency Business:
am. Receive and file Successor Agency payments
from July 10, 2015 to July 30, 2015 in the amount
of $1,080,801.45.
City Clerk Gafford announced memorandums were
received from staff, requesting items 8.o. and 8.p. be
removed from the agenda.
ACTION TAKEN
AGR 15 -202
AGR 15 -203
AGR 15 -204
AGR 15 -205
912115 CC AGENDA PACKET PAGE 31
Bakersfield, California, August 12, 2015 - Page 10
CONSENT CALENDAR continued ACTION TAKEN
Councilmember Rivera announced that he would
abstain, due to a conflict of interest, the proposed
action will result in a measurable financial loss to his
personal finances, specifically income, on item 8.v.
Councilmember Smith announced that he would
abstain, due to a conflict of interest, on item 8.p.
Councilmember Parlier requested item 8.e. be
removed for separate consideration.
Councilmember Maxwell requested items 8.g., 8.k.,
8.t., and 8.v. be removed for separate consideration.
Motion by Vice -Mayor Hanson to adopt Consent APPROVED
Calendar items 8.a. through 8.am., with the deletion of
items o and p, and removal of items 8.e., 8.g., 8.k., 8.t.,
8.v. for separate consideration.
e. Amendment No. 18 to Resolution No. 44 -93 RES 44- 93(18)
setting salaries and related benefits for the
Temporary Unit (Transportation Officer I - III,
Police Department).
Motion by Councilmember Parlier to adopt Consent APPROVED
Calendar item 8.e.
g. Resolution authorizing the City to enter into RES 099 -15
agreement with the California High -Speed Rail AGR 15 -189
Authority to initiate the preparation of a High
Speed Rail Station Area Plan for Downtown
Bakersfield.
Councilmember Maxwell asked if there were funds
available to purchase the property, located on F Street
and Golden State Highway, to begin moving forward
with the development of a transportation hub and the
relocation of the GET Bus and Greyhound Bus Station;
thinks this will help convince the High Speed Rail
Authority to use this location and not downtown.
City Manager Tandy responded that staff will create a
study on the matter.
Motion by Councilmember Maxwell to adopt Consent APPROVED
Calendar item 8.g.
912115 CC AGENDA PACKET PAGE 32
9
10.
Bakersfield, California, August 12, 2015 - Page 11
CONSENT CALENDAR continued
k. Resolution determining that certain GeoTab
GPS Fleet Tracking Systems cannot be
reasonably obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding therefore and
purchase GeoTab GPS Fleet Tracking Systems
from Blackhole Technologies, Inc., not to
exceed $40,000.
Motion by Councilmember Maxwell to adopt Consent
Calendar item 8.k.
Amendment No. 3 to Agreement No. 08 -015
with Redflex ($257,476.80; revised not to exceed
$742,282.80 and extend term five years) for
Photo Enforced Redlight Citation Program.
Motion by Vice -Mayor Hanson to adopt Consent
Calendar item 8.t.
V. Amendment No. 1 to Disposition and
Development Agreement (DDA) No. 15 -058
with Mill Creek Village CIC, LP (Chelsea
Investment Corporation) for the development
of 63 units of affordable senior housing and a
100 -space parking facility located at 508 18th
Street.
Motion by Councilmember Maxwell to adopt Consent
Calendar item 8.v.
CONSENT CALENDAR PUBLIC HEARINGS
None.
HEARINGS
a. Public Hearing to consider Resolution approving
and adopting an adjusted fee for the
development and improvement of parks within
the City of Bakersfield (Proposed 2.47%
increase).
Public Works Director Fidler made staff
comments.
ACTION TAKEN
RES 103 -15
APPROVED
AGR 08- 015(3)
APPROVED
NOES MAXWELL
AGR 15- 058(1)
APPROVED
ABS RIVERA
RES 104 -15
912115 CC AGENDA PACKET PAGE 33
Bakersfield, California, August 12, 2015 - Page 12
10. HEARINGS
ITEM 10.A. CONTINUED
Hearing item 10.a. opened at 5:51 p.m.
No one spoke
Hearing item 10.a. closed at 5:51 p.m.
Vice -Mayor Hanson requested this matter be referred
to the Planning and Development Committee, to
discuss if the City wants to continue building the same
number of parks, the size of the parks being built, and
annexations, in response to the current water crisis.
Motion by Vice -Mayor Hanson to approve staff's
recommendation and adopt the Resolution.
Motion by Councilmember Maxwell to deny staff's
recommendation and deny the adjusted park
development fee for one year.
Motion by Vice -Mayor Hanson to approve staff's
recommendation and adopt the Resolution.
b. Public Hearing to consider Resolution denying
the appeal by Robert G. Kuhs on behalf of
Estates at Rio Bravo, L.P., upholding the Board
of Zoning Adjustment decision approving
conditional use permit 15 -0096 to construct a
70 -foot tall monopole wireless
telecommunications facility camouflaged
as a pine tree with ancillary equipment in an
R -1 (One - Family Dwelling Zone) district located
at 4841 Ventana Canyon Drive.
(Applicant /Owner: Sequoia Deployment
Services, representing A &E Union Inc.)
City Clerk Gafford announced a staff
memorandum was received, transmitting the
corrected Planning Commission Resolution; in
addition, correspondence was received from
Thomas McGuire, of Verizon, providing a
supplemental statement regarding alternatives
2 through 5.
ACTION TAKEN
FAILED
NOES WEIR, SMITH,
HANSON, SULLIVAN,
PARLIER
APPROVED
NOES RIVERA,
MAXWELL
RES 105 -15
912115 CC A EN A PACKET PAGE 3
Bakersfield, California, August 12, 2015 - Page 13
10. HEARINGS ACTION TAKEN
ITEM 10.13. CONTINUED
Community Development Director Mclsaac
made staff comments and provided a
PowerPoint presentation.
Hearing item 10.b. opened at 6:34 p.m.
The following individuals spoke in opposition to
the staff recommendation: Ed Coyne,
representing Estates at Rio Bravo; Richelle
Carino, representing D.R. Horton; and Craig
Michaud.
The following individuals spoke in support of the
staff recommendation: Melissa Samarin; Paul
Albritton, outside counsel for Verizon Wireless.
Hearing item 10.b. closed at 7:04 p.m.
Motion by Councilmember Weir to adopt the APPROVED
Resolution with the addition of the following
conditions, at the discretion of the Planning
Director. include a sufficient amount of trees to
camouflage the area on the south side of the
tower, and provide drought tolerant bushes and
vegetation to completely surround the outer
block wall to further enhance the appearance
of the facility and provide a more natural
setting for the area.
Mayor Hall recessed the meeting at 7:15 p.m. and
reconvened the meeting at 7:22 p.m.
C. Public Hearing to consider Resolution denying RES 106 -15
the appeals by Aneta Adams and Scott
Lehman and uphold the Planning Commission's
decision approving Planned Development
Review No. 15 -0053 for a 125,000 square foot
retail center on 14.65 acres in a C- 2 -P.C.D
(Regional Commercial Zone - Planned
Commercial Development Zone) district
located at 1201 Allen Road.
(Applicant /Property Owner: Artisan Square
Investments LLC). (continued from the 7/22/15
meeting)
912115 CC AGENDA PACKET PAGE 35
Bakersfield, California, August 12, 2015 - Page 14
10. HEARINGS ACTION TAKEN
ITEM 10.C. CONTINUED
City Clerk Gafford announced correspondence
was received from Scott and Melinda
Kirschenmann, in opposition to the construction
of a Walmart on the site.
Councilmember Smith announced that he
would abstain, due to a conflict of interest, a
person involved in the proposed action
(Ron Froehlich) is a source of income to himself,
on item 10.c.
Community Development Director Mclsaac
made staff comments and provided a
PowerPoint presentation.
Hearing item 10.c. opened at 7:34 p.m.
Aneta Adams spoke in opposition to the staff
recommendation and stated residents, of
Brimhall Estates and the surrounding
neighborhoods, agreed to the following
language in the conditions of approval: (1) no
gas station shall be allowed on the entire 15
acre site (2) the hours of operation for fast food
restaurant shall be from 5:00 a.m. to 1:00 a.m.
Monday through Friday, and from 5:00 a.m. to
2:00 a.m. Friday through Sunday (3) any work
performed in the tire shop located on Artisan
Square site shall be conducted inside the four
walls of the building, in accordance with the
noise standards of Bakersfield Municipal Code
section 17.24.020 B.4 and PCD section 17.54.060
I, no work shall be commenced outside the
building (4) the project entrance shall be
signalized on Allen Road at Overton Street,
which will include a "pork chop" median to
provide the following ingress and egress: a left
turn lane into the project from northbound Allen
Road; a left turn exiting the project onto
northbound Allen Road; right turn only onto
Overton Street from northbound Allen Road;
right turn only onto northbound Allen Road from
Overton Street; and crosswalks across Allen
Road and across Overton Street.
912115 CC A EN A PACKET PAGE 36
10.
11.
Bakersfield, California, August 12, 2015 - Page 15
HEARINGS
ITEM 10.C. CONTINUED
The following individuals spoke in support of the
staff recommendation: Duane Keathly, with
Cushman and Wakefield, representing the
Froehlich family; Tony Graham; and Amber
Johnson.
Hearing item 10.c. closed at 7:43 p.m.
Motion by Vice -Mayor Hanson to approve
staff's recommendation and adopt the
Resolution, with the addition of the conditions
stated by Ms. Adams.
Mayor Hall thanked the Froehlich family for
moving forward with this project and feels it is
going to be outstanding for the community;
commended the Froehlich Family for their
commercial developments in northwest
Bakersfield over the past ten years; and
believes it is important to encourage new
business to reinvest into the community and
bring more jobs.
REPORTS
a. Street Maintenance Program:
1. Staff presentation on the process of
evaluating and prioritizing City streets in
need of maintenance.
2. Award of Design Consultant Agreement
with NCE ($207,000) for design services
for the Pavement Management System
project.
Public Works Director Fidler made staff comments.
Public Works Design Engineer Grewal made additional
staff comments and provided a PowerPoint
presentation.
Councilmember Maxwell requested the Council be
provided any drafts or reports generated from the
company during this process; asked to have a ride -a-
long to see how the process goes; and requested to
be involved in any meetings concerning this matter.
ACTION TAKEN
APPROVED
ABS SMITH
AGR 15 -206
912115 CC AGENDA PACKET PAGE 37
Bakersfield, California, August 12, 2015 - Page 16
11. REPORTS ACTION TAKEN
Motion by Councilmember Maxwell to adopt Reports APPROVED
item 11.a.
b. City Council Retreat
Motion by Vice -Mayor Hanson to table this matter until APPROVED
staff can find an available date.
12. DEFERRED BUSINESS
None.
13. NEW BUSINESS
None.
14. COUNCIL AND MAYOR STATEMENTS
Councilmember Rivera requested staff work with
the County on possible ways to alleviate the
ongoing traffic concerns on S. Fairfax Road.
Councilmember Maxwell stated there has been a
speeding issue in the Oleander area, around the 2200
block of Roosevelt, and requested the Police
Department set up a traffic radar monitor to remind
people to slow down in the residential area.
Councilmember Maxwell commended
Councilmember Parlier for his idea of reintroducing
Transportation Officers in order to help sworn officers
get back on the streets faster, reducing response times
and saving the City money.
Councilmember Parlier thanked Councilmember
Maxwell for his thoughtful statements.
Councilmember Parlier requested staff prepare a
Resolution in support of the proposed State legislation
for the renaming of the Hosking Interchange to Officer
David Nelson Memorial Interchange.
Vice -Mayor Hanson asked staff to invite Executive
Director of Bakersfield's Animal Care Center Julie
Johnson to the next Legislative and Litigation
Committee to discuss the negative impact fireworks
has upon animals.
912115 CC AGENDA PACKET FACE 38
Bakersfield, California, August 12, 2015 - Page 17
14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN
Councilmember Smith made comments on how
Mayor Hall and City Manager Tandy responded to a
question, at the State of the City, on what they thought
would best improve the economy; he feels the way
the Council and the neighborhoods surrounding a new
development came to a compromise tonight
demonstrates Mayor Hall's idea of being business
friendly; and City Manager Tandy's idea of
maintaining a good quality of life, was demonstrated
by park development and road infrastructure.
15. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:22 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
912115 CC A EN A PACKET PAGE 39
enaif
MEETING DATE: 9/2/2015 Consent -Payments b.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: 8/20/2015
VI %1 N 13
SUBJECT: Receive and file department payments from July 31, 2015 to August
20, 2015, in the amount of $30,376,523.58, Self Insurance payments
from July 31, 2015 to August 20, 2015, in the amount of $417,755.81,
totaling $30,794,279.39.
STAFF RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
ATTACHMENTS:
Description
D 1 -AP Check Register Admin 09 -02 -15
D 2 -EPay Check Register Admin 09 -02 -15
Type
C:3aCIH Ua p 11Matcwirl4 l
C:3aCIH Ua p 11Mateirl4l
912115 CC A GENDA FAACKET FAA GE
8/20/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE I
FROM 7/31/2015 TO 8/20/2015
Check
Vendor
Number
Number Vendor Name
Check Date
Check Amount
619243
10158 ALEXANDER, SUSAN
Jul 31, 2015
$19.90
619244
359 ANDERSON, ALLEN M
Jul 31, 2015
$15.36
619245
28096 ANDERSON, MCARTHUR
Jul 31, 2015
$42.50
619246
11517 ANSON, GARY
Jul 31, 2015
$26.71
619247
10037 ANTHONY MORALES
Jul 31, 2015
$340.00
619248
24927 ARRIBILLAGA, ROSEMARIE
Jul 31, 2015
$42.50
619249
15209 BERTRAND, FLOYD
Jul 31, 2015
$42.50
619250
1111 BLACKBURN, CLEO
Jul 31, 2015
$42.50
619251
18129 BROWN, JIM W
Jul 31, 2015
$125.00
619252
23424 CADENA, ANDRES
Jul 31, 2015
$125.00
619253
1463 CADENA, JAKE
Jul 31, 2015
$42.50
619254
1771 CARROLL, EUGENE J
Jul 31, 2015
$42.50
619255
1884 CHAIN COHN STILES
Jul 31, 2015
$275.00
619256
12236 COL URN, SCOTT
Jul 31, 2015
$42.50
619257
2161 CONNOR, MICHAEL
Jul 31, 2015
$125.00
619258
10697 CRAW FORD, KAREN
Jul 31, 2015
$28.98
619259
2261 CUNNINGHAM, TERRY
Jul 31, 2015
$15.36
619260
2435 DE LAURIE, JERRY
Jul 31, 2015
$42.50
619261
11430 DEEM, JEWELL
Jul 31, 2015
$6.27
619262
2630 DOYLE, MIKE
Jul 31, 2015
$40.33
619263
24281 DUNN-YONKE, DEBRA
Jul 31, 2015
$325.50
619264
26975 FRANCO, JOSEPH
Jul 31, 2015
$125.00
619265
17969 GALLEGOS, WILLIAM
Jul 31, 2015
$125.00
619266
308 GARDENERS SUPPLY
Jul 31, 2015
$102.10
619267
12742 GEORGE, PRESTON
Jul 31, 2015
$42.50
619268
14964 GI SON, BOB G
Jul 31, 2015
$42.50
619269
3452 GRAY AR ELECTRIC COMPANY
Jul 31, 2015
$2,838.51
619270
24139 GUTIERREZ TIRE & WHEEL INC
Jul 31, 2015
$2,246.58
619271
25970 HACKER, ROBERT
Jul 31, 2015
$42.50
619272
3593 HALL LETTER SHOP
Jul 31, 2015
$170.55
619273
27981 HENNESSY, LINSEE
Jul 31, 2015
$234.00
619274
3770 HERRERA, FRANK R
Jul 31, 2015
$42.50
619275
11438 HUNTINGTON, LORRAINE
Jul 31, 2015
$33.52
619276
24194 JOHNSON, CLARISSE
Jul 31, 2015
$42.50
619277
27671 KELLER, MAXINE
Jul 31, 2015
$42.50
619278
4435 KERN COUNTY CLERKS
Jul 31, 2015
$350.00
619279
16285 KERN COUNTY PLANNING DEPT
Jul 31, 2015
$200.00
619280
4581 KERN ELECTRIC DISTRIBUTORS
Jul 31, 2015
$1,610.89
619281
7492 KERN MACHINERY INC
Jul 31, 2015
$31.96
619282
4861 KISCO SALES INC
Jul 31, 2015
$996.74
619283
70239 KLONDIKE CONSTRUCTION LLC
Jul 31, 2015
$10,000.00
619284
70240 LINARDOS ENTERPRISES INC
Jul 31, 2015
$980.00
619285
5163 LOPEZ, FRANK
Jul 31, 2015
$42.50
619286
24061 MAHAFFEY, BOBBY
Jul 31, 2015
$42.50
619287
18495 MELO'S GAS & GEAR INC
Jul 31, 2015
$60.81
619288
7064 MERCHANTS PRINTING & ENVELOPE
Jul 31, 2015
$1,205.08
619289
10037 MG CONCRETE
Jul 31, 2015
$200.00
619290
27731 MILLER, JEFFERY
Jul 31, 2015
$125.00
619291
5547 MINUTEMAN PRESS
Jul 31, 2015
$1,791.15
619292
5688 MOTION INDUSTRIES INC
Jul 31, 2015
$150.47
619293
5687 MOTOR CITY SALES & SERVICE
Jul 31, 2015
$121.26
619294
5896 NEWTON, KENNETH RAY
Jul 31, 2015
$42.50
S:\Accounting\Dawn T\Admin - Council\2015\COUNCIL-ADMIN\ 912115 CC AGENDA PACKET PAGE 41
8/70/7015 CITY OF BAKERSFIELD -CHECK REGISTER PAGE
FROM 7/31/7015T(l8/70/7015
Check
Vendor
momue,
Number Vendor Name
Check Date
Check Amount
619295
10O37NDR4WEBER
Jul 31.2015
$200D0
619296
24279 D'R ILLY AUTO PARTS
Jul 31.2015
$188.46
619297
27A75DVVEN.K8ROSE
Jul 31.2015
$1536
619298
11450 PAINTER, JULIA
Jul 31.2015
$42.50
619299
11451 PHILLIPS, SHIRLEY A
Jul 31.2015
$28.98
619300
26754R4K8|REZ.RUBENJR
Jul 31.2015
$125D0
619301
28420 REED, JORDAN
Jul 31.2015
$614.90
619302
26535 REYNDSD.LYNETTE
Jul 31.2015
$104D0
619303
28060 ROBERTS, EK8K8A
Jul 31.2015
$42.50
619304
10115 RDSSEN.KEN
Jul 31.2015
$255.45
619305
10O37SHEL|ATALBOT
Jul 31.2015
$80D0
619306
7357SHERK8AN.THOMAS
Jul 31.2015
$42.50
619307
70187STANS DISCOUNT PLUMBING
Jul 31.2015
$128D0
619308
20357TEUT|K8EZ.DONALD
Jul 31.2015
$33.52
619309
25230 THOMAS, JUDY
Jul 31.2015
$1536
619310
26861 TDRRES.SH|RLEY
Jul 31.2015
$42.50
619311
241A3URS|N.MARGARET
Jul 31.2015
$42.50
619312
17940 VINCENT, LESLIE
Jul 31.2015
$31.25
619313
13AOAVDYLES||. ROBERT L
Jul 31.2015
$2.000D0
619314
23357VVALCK.CDR4
Jul 31.2015
$42.50
619315
25541 WATTS, BOBBY
Jul 31.2015
$48.75
619316
15380 WILLIAMS, |GABEL
Jul 31.2015
$42.50
619317
9052VV|SHAK8.DARLENE
Jul 31.2015
$42.50
619318
10O37 WORD DF LIFE MINISTRIES
Jul 31.2015
$100D0
619319
1157 ANTHEM BLUE CROSS
Jul 31.2015
$565.206.61
619320
14AA3 CALIFORNIA AIR RESOURCES BOARD
Jul 31.2015
$773.32
619322
3427GR4|NGER INC, VVVV
Jul 31.2015
$5.693.16
619325
7933 HOME DEPOT
Jul 31.2015
$2.381.59
619326
12857 KAISER PERK8ANENTE
Jul 31.2015
$35.966.29
619327
10196 KERN COUNTY D A'S OFFICE
Jul 31.2015
$1.849D0
619328
10196 KERN COUNTY D A'S OFFICE
Jul 31.2015
$3.848D0
619329
10196 KERN COUNTY D A'S OFFICE
Jul 31.2015
$4.000D0
619330
10196 KERN COUNTY D A'S OFFICE
Jul 31.2015
$5.080D0
619331
4573 KERN COUNTY WATER AGENCY
Jul 31.2015
$338.743.44
619333
4680 KERN RIVER POWER EQUIPMENT INC
Jul 31.2015
$2.733.84
619339
4740 KERN TURF SUPPLY
Jul 31.2015
$10.498.48
619341
15624 LDVVE'S HOME IMPROVEMENT
Jul 31.2015
$1.555.51
619342
10113 MEDICAL EYE SERVICE COMPANY
Jul 31.2015
$216.32
619343
30026 K8ETL|FE|NC
Jul 31.2015
$2.650.62
619344
10142 PACIFIC UNION DENTAL (UHC)
Jul 31.2015
$5.381.65
619345
1A844 VAN VVYK.K8|TCH
Jul 31.2015
$8.047.17
619346
10204 ASSOCIATION BKFD POLICE OFFICER FCU
Jul 31.2015
$15.129.25
619347
10211 BAKERSF|ELDF|REK8EN
Jul 31.2015
$8.992.91
619348
1020OBAKERSF|ELDFIREMEN RELIEF ASS
Jul 31.2015
$8.265.90
619349
10203BAKERSF|ELD POLICE BENEFIT
Jul 31.2015
$24.617.10
619350
10198 KERN COUNTY PUBLIC EK8PASSOC
Jul 31.2015
$720.20
619351
10205 MUTUAL BENEFIT ASSOCIATION
Jul 31.2015
$2.164.99
619352
2S810REL|ASTAR LIFE INSURANCE CD
Jul 31.2015
$893.47
619353
2Z324SBU LOCAL 521
Jul 31.2015
$21.081.59
619354
8351 US POST OFFICE
Aug 4.2015
$530D0
619355
28ACELECTRIC COMPANY
Aug S.2015
$37.594D0
619356
537AT&T
Aug S.2015
$367.41
S:\Accounting\DawmT\Admin CounciK2015\COUNC|L-ADM|N\
912115 CC AGENDA PACKET PAGE 42
8/20/2015
CITY OF BAKERSFIELD - CHECK REGISTER
PAGE 3
FROM 7/31/2015 TO 8/20/2015
Check
Vendor
Number
Number Vendor Name
Check Date
Check Amount
619357
20576 ACTION GLASS INC
Aug 6, 2015
$1,700.77
619358
15433 ADVANCE MOBILE SECURITY
Aug 6, 2015
$418.04
619359
17100 AEROS ENVIRONMENTAL INC
Aug 6, 2015
$185.00
619360
28011 AG EXPO MAGAZINE INC
Aug 6, 2015
$210.00
619361
12516 AIMS
Aug 6, 2015
$32,472.41
619362
19696 ALEMAN, KIM
Aug 6, 2015
$112.13
619363
25939 ALL CARTS
Aug 6, 2015
$495.50
619364
19496 ALL PRO CLEANING SERVICE
Aug 6, 2015
$840.00
619365
22907 ALONSO, OSCAR
Aug 6, 2015
$40.00
619366
23588 ALUMINUM CHUCK WAGON
Aug 6, 2015
$25,688.30
619367
28369 ALVAREZ, LUIS
Aug 6, 2015
$84.00
619368
340 AMERICAS
Aug 6, 2015
$109.65
619369
371 ANDERSON, STEVE
Aug 6, 2015
$50.00
619370
1049 APPLIED LNG TECHNOLOGIES
Aug 6, 2015
$25,676.12
619371
22588 ARROWHEAD FORENSICS
Aug 6, 2015
$1,330.63
619372
523 ATCO INTERNATIONAL
Aug 6, 2015
$157.70
619373
13028 B & H PHOTO VIDEO INC
Aug 6, 2015
$163.51
619374
25940 BACA, ANTHONY
Aug 6, 2015
$189.00
619375
675 BAKERSFIELD CALIFORNIAN
Aug 6, 2015
$165.09
619376
23342 BAKERSFIELD LOCK AND SAFE CO INC
Aug 6, 2015
$53.75
619377
857 BAKERSFIELD S P C A
Aug 6, 2015
$92.88
619378
850 BAKERSFIELD SENIOR CENTER
Aug 6, 2015
$6,166.55
619379
875 BAKERSFIELD TRUCK CENTER
Aug 6, 2015
$113.03
619380
28365 BALTIC NETWORKS USA
Aug 6, 2015
$1,068.38
619384
945 ARNETT'S TOWING SERVICE INC
Aug 6, 2015
$35.00
619385
28430 BELL MEMORIALS & GRANITE WORKS INC
Aug 6, 2015
$5,631.36
619386
28231 BIG BRAND TIRE CO
Aug 6, 2015
$65.00
619387
21172 BLACKHOLE TECHNOLOGIES INC
Aug 6, 2015
$10,290.26
619388
26219 BLOORE K9 TRAINING & CONSULTING
Aug 6, 2015
$1,950.00
619389
25441 BLX GROUP LLC
Aug 6, 2015
$2,000.00
619390
1175 BOBS WHOLESALE AUTO GLASS
Aug 6, 2015
$394.25
619391
18692 BOUND TREE MEDICAL LLC
Aug 6, 2015
$2,137.66
619392
1249 BRANDCO
Aug 6, 2015
$483.21
619393
23051 BRENNTAG PACIFIC
Aug 6, 2015
$1,308.26
619394
19303 BRIGHT HOUSE NETWORKS
Aug 6, 2015
$629.30
619395
24464 BROWN, CLAUDE
Aug 6, 2015
$189.00
619396
24940 CAMPBELL, CHRIS
Aug 6, 2015
$504.00
619397
20982 C A LIGHTING & CONTROLS INC
Aug 6, 2015
$435.25
619398
19675 CENTER FOR CREATIVE LAND RECYCLING
Aug 6, 2015
$50.00
619399
1888 CHAMPION HARDWARE
Aug 6, 2015
$152.37
619400
22175 CLEAN CUT LANDSCAPE
Aug 6, 2015
$9,250.00
619401
2050 CLIFFORD & BROWN
Aug 6, 2015
$2,588.90
619402
2050 CLIFFORD & BROWN
Aug 6, 2015
$1,461.50
619403
2050 CLIFFORD & BROWN
Aug 6, 2015
$790.32
619404
25259 COMMERCIAL CLEANING SYSTEMS INC
Aug 6, 2015
$7,099.04
619405
695 COMPUCOM SYSTEMS INC
Aug 6, 2015
$313,911.43
619406
27509 CONTRERAS, ANGEL
Aug 6, 2015
$126.00
619407
2245 CROCKER JANITORIAL SUPPLY CO
Aug 6, 2015
$6,962.40
619408
27218 CUMMINS PACIFIC LLC
Aug 6, 2015
$5,408.62
619409
28148 D P CONSULTING
Aug 6, 2015
$1,600.00
619410
25337 DAVES FLEET MAINT & TOWING INC
Aug 6, 2015
$110.00
619411
4140 DAVID JANES COMPANY
Aug 6, 2015
$294.44
S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 912115 CC AGENDA PACKET PAGE 43
8/20/2015
CITY OF BAKERSFIELD - CHECK REGISTER
PAGE 4
FROM 7/31/2015 TO 8/20/2015
Check
Vendor
Number
Number Vendor Name
Check Date
Check Amount
619412
24213 DIAMOND H HAULING
Aug 6, 2015
$375.00
619413
2772 E M THARP, INC
Aug 6, 2015
$252.00
619414
2752 ELBERT DISTRIBUTING
Aug 6, 2015
$119.64
619415
546 ENVIRONMENTAL CONCEPTS
Aug 6, 2015
$3,057.26
619416
23720 ERNEST PACKING SOLUTIONS INC
Aug 6, 2015
$1,674.22
619417
2830 EWING IRRIGATION PRODUCTS
Aug 6, 2015
$149.92
619418
2901 FEDEX
Aug 6, 2015
$56.29
619419
19657 FIRST CHOICE SERVICES INC
Aug 6, 2015
$238.62
619420
25339 FLEET SERVICES TOWING INC
Aug 6, 2015
$105.00
619421
3028 FLOYDS GENERAL STORE
Aug 6, 2015
$541.50
619422
22966 FORENSIC NURSE SPECIALISTS INC
Aug 6, 2015
$6,700.00
619423
19591 FORK LIFT SPECIALTIES INC
Aug 6, 2015
$185.00
619424
28372 FUENTES, OSCAR
Aug 6, 2015
$503.32
619425
21457 FUNCTIONAL ERGONOMICS
Aug 6, 2015
$300.00
619426
28064 GENERAL TREE SERVICE INC
Aug 6, 2015
$19,850.00
619427
3358 GILLIAM & SONS INC
Aug 6, 2015
$64,762.25
619428
28315 CLOCK INC
Aug 6, 2015
$107.50
619429
26302 GOMEZ, JOSE
Aug 6, 2015
$217.00
619430
28337 GOVWARE LLC
Aug 6, 2015
$119,940.63
619431
3452 GRAY AR ELECTRIC COMPANY
Aug 6, 2015
$2,390.49
619432
24693 GRUBBS, JOSH
Aug 6, 2015
$63.00
619433
24139 GUTIERREZ TIRE & WHEEL INC
Aug 6, 2015
$3,493.28
619434
24429 H & E EQUIPMENT SERVICES LLC
Aug 6, 2015
$1,030.75
619435
3569 H & S BODY WORKS & TOWING
Aug 6, 2015
$35.00
619436
3579 HACH COMPANY
Aug 6, 2015
$573.20
619437
162 HADDAD DODGE
Aug 6, 2015
$60.02
619438
3593 HALL LETTER SHOP
Aug 6, 2015
$285.15
619439
27007 HARRELSON, PATRICK
Aug 6, 2015
$217.00
619440
28428 HENDERSON, TYLER
Aug 6, 2015
$189.00
619441
22003 HERRIOTT, GA RIEL
Aug 6, 2015
$500.00
619442
25159 ID WHOLESALER
Aug 6, 2015
$344.50
619443
3972 INSIGHT PUBLIC SECTOR
Aug 6, 2015
$16,156.28
619444
20795 IPC USA INC
Aug 6, 2015
$57,956.68
619445
3239 J GARDNER & ASSOCIATES LLC
Aug 6, 2015
$733.00
619446
11855 JACK DAVENPORT SWEEPING SERVICE INC
Aug 6, 2015
$98.00
619447
26694 JACO SEN WEST
Aug 6, 2015
$1,890.34
619448
28431 JOHNSON, PAUL
Aug 6, 2015
$25.00
619449
4254 JUDICIAL DATA SYSTEMS CORPORAT
Aug 6, 2015
$420.84
619450
19554 K & R TOWING
Aug 6, 2015
$35.00
619451
4288 KAMAN INDUSTRIAL TECHNOLOGIES INC
Aug 6, 2015
$1,110.62
619452
26066 KARR, STEVEN
Aug 6, 2015
$189.00
619453
4543 KERN COUNTY SHERIFF CORONER
Aug 6, 2015
$112,307.10
619454
4550 KERN COUNTY SUPT OF SCHOOLS
Aug 6, 2015
$2,269.98
619455
4573 KERN COUNTY WATER AGENCY
Aug 6, 2015
$13,756.97
619456
4680 KERN RIVER POWER EQUIPMENT INC
Aug 6, 2015
$1,588.05
619457
4701 KERN SPRINKLER LANDSCAPING INC
Aug 6, 2015
$776.00
619458
4740 KERN TURF SUPPLY
Aug 6, 2015
$1,232.87
619459
4837 KING, DAVID
Aug 6, 2015
$56.48
619460
4861 KISCO SALES INC
Aug 6, 2015
$74.21
619461
27461 KISER, CALEB
Aug 6, 2015
$500.00
619462
26712 LANGUAGE HARMONY
Aug 6, 2015
$350.00
619463
5018 LARRY & PONS UPHOLSTERY
Aug 6, 2015
$237.00
S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 912115 CC AGENDA PACKET PAGE
8/20/2015
CITY OF BAKERSFIELD - CHECK REGISTER
PAGE 5
FROM 7/31/2015 TO 8/20/2015
Check
Vendor
Number
Number Vendor Name
Check Date
Check Amount
619464
22408 LEHR AUTO ELECTRIC
Aug 6, 2015
$38,507.55
619465
5122 LOG CABIN FLORIST
Aug 6, 2015
$104.71
619466
27465 LR APPAREL
Aug 6, 2015
$104.75
619467
12095 MADDEN, CLAYTON
Aug 6, 2015
$160.00
619468
23584 MEADORS, JASON
Aug 6, 2015
$95.00
619469
7064 MERCHANTS PRINTING & ENVELOPE
Aug 6, 2015
$1,299.68
619470
18520 METROPOLITAN RECYCLING LLC
Aug 6, 2015
$20,808.56
619471
24077 MICHEL AUTO TECH
Aug 6, 2015
$4,308.69
619472
1316 MICHELIN NORTH AMERICA INC
Aug 6, 2015
$10,664.62
619473
27180 MILLENNIUM CONSULTING ASSOC INC
Aug 6, 2015
$10,715.50
619474
1322 MITCHELL REPAIR INFO CO
Aug 6, 2015
$1,571.74
619475
19305 MOTOE IACOFANO GOLTSMAN INC
Aug 6, 2015
$11,237.75
619476
5688 MOTION INDUSTRIES INC
Aug 6, 2015
$513.56
619477
5687 MOTOR CITY SALES & SERVICE
Aug 6, 2015
$13.87
619478
24446 MSA SYSTEMS INC
Aug 6, 2015
$7,604.82
619479
27379 MUNICIPAL EMERGENCY SERVICES
Aug 6, 2015
$483.76
619480
5790 MUXLOW CONSTRUCTION
Aug 6, 2015
$3,500.00
619481
27446 N D TECHNOLOGY
Aug 6, 2015
$8,489.18
619482
25788 NETXPERTS INC
Aug 6, 2015
$32,405.74
619483
5926 NORTH BAKERSFIELD RECREATION &
Aug 6, 2015
$64,353.61
619484
23333 O'GRADY, JOE
Aug 6, 2015
$840.00
619485
24279 O'REILLY AUTO PARTS
Aug 6, 2015
$2,755.07
619486
27787 ORTIZ, STEPHANIE
Aug 6, 2015
$51.60
619487
22301 OVERLAND PACIFIC & CUTLER INC
Aug 6, 2015
$257,286.99
619488
14515 OXLEY'S PEST CONTROL INC
Aug 6, 2015
$85.00
619489
17512 PACHECO, ORIEL
Aug 6, 2015
$100.00
619490
13209 PARKHOUSE TIRE INC
Aug 6, 2015
$1,590.64
619491
19231 PARSONS BRINCKERHOFF CONST SERVICES
Aug 6, 2015
$342,648.73
619492
26926 PATTERSON, LARRY
Aug 6, 2015
$126.00
619493
24029 PAYLESS TOWING
Aug 6, 2015
$165.00
619494
17467 PCMG INC
Aug 6, 2015
$22,402.44
619495
25177 PENNY LANDSCAPING SERVICES INC
Aug 6, 2015
$650.00
619496
27514 PHILLIPS, CHARLIE
Aug 6, 2015
$189.00
619497
17911 PLCS PLUS INTERNATIONAL INC
Aug 6, 2015
$625.00
619498
20943 PONTON INDUSTRIES
Aug 6, 2015
$1,015.72
619499
27911 PORTERVILLE FORD
Aug 6, 2015
$965.76
619500
6430 POWER MACHINERY CENTER
Aug 6, 2015
$301.61
619501
178 PRAXAIR DISTRIBUTION INC
Aug 6, 2015
$87.81
619502
20415 PROFORCE LAW ENFORCEMENT INC
Aug 6, 2015
$432.20
619503
27625 PROTECTION FORCE PRIVATE SECURITY I
Aug 6, 2015
$1,138.50
619504
24435 PROVANTAGE CORP
Aug 6, 2015
$403.34
619505
6670 RANDALL, MAURICE
Aug 6, 2015
$104.08
619506
20713 RANDY'S TOWING
Aug 6, 2015
$70.00
619507
20538 RAYMAR INFORMATION TECHNOLOGY INC
Aug 6, 2015
$2,496.92
619508
6682 RAYMONDS TROPHY AND AWARDS
Aug 6, 2015
$422.51
619509
6727 REFRIGERATION SUPPLIES DIST. INC
Aug 6, 2015
$715.03
619510
26863 RIOS, RICHARD
Aug 6, 2015
$129.87
619511
5681 ROBERT B MOSS JR
Aug 6, 2015
$120.00
619512
28429 ROSEMARY LOPEZ AS GUARDIAN AD LITEM
Aug 6, 2015
$100,000.00
619513
6915 ROUND -UP FEED AND PET SUPPLY
Aug 6, 2015
$526.59
619514
13860 RUETTGERS & SCHULER CIVIL ENG
Aug 6, 2015
$525.00
619515
27361 SC FUELS
Aug 6, 2015
$18,466.63
S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 912115 CC AGENDA PACKET PAGE 45
8/20/2015
CITY OF BAKERSFIELD - CHECK REGISTER
PAGE 6
FROM 7/31/2015 TO 8/20/2015
Check
Vendor
Number
Number Vendor Name
Check Date
Check Amount
619516
22053 SCANLAN, DEBBIE
Aug 6, 2015
$25.00
619517
23060 SCHNEIDER PUBLISHING CO INC
Aug 6, 2015
$2,595.00
619518
7283 SEQUOIA PAINT COMPANY INC
Aug 6, 2015
$126.70
619519
28253 SERVPRO OF NW BAKERSFIELD
Aug 6, 2015
$1,253.62
619520
12405 SHERMAN, CHARLES
Aug 6, 2015
$500.00
619521
11090 SHERWIN WILLIAMS COMPANY
Aug 6, 2015
$647.39
619522
26203 SIERRA CONST & EXCAVATION INC
Aug 6, 2015
$31,686.72
619523
7434 SMART & FINAL IRIS COMPANY
Aug 6, 2015
$224.39
619524
27951 SOLENIS LLC
Aug 6, 2015
$60,736.07
619525
23456 SORENSON,VERNON MD INC
Aug 6, 2015
$528.63
619526
24476 SOTO, ROBERT
Aug 6, 2015
$252.00
619527
26602 SOUTHWEST GREENS
Aug 6, 2015
$3,364.88
619528
11907 SPARKLETTS /SIERRA SPRINGS
Aug 6, 2015
$545.56
619529
26833 SPEAR SECURITY & MGMT CO INC
Aug 6, 2015
$5,858.88
619530
17077 STERICYCLE INC
Aug 6, 2015
$705.42
619531
28432 STREET, WILLIAM
Aug 6, 2015
$38.00
619532
27451 STRONG, MICHAEL
Aug 6, 2015
$50.00
619533
3565 SUNGARD PUBLIC SECTOR INC
Aug 6, 2015
$122.78
619534
15878 SUPERIOR CONSTRUCTION INC
Aug 6, 2015
$23,812.15
619535
24575 SWANK MOTION PICTURES INC
Aug 6, 2015
$486.00
619536
28163 SWITZER, PHILIP
Aug 6, 2015
$189.00
619537
24444 TEICHERT CONSTRUCTION
Aug 6, 2015
$989,154.91
619538
25338 TEN EIGHT TOW INC
Aug 6, 2015
$35.00
619539
16011 TRAINING INNOVATIONS INC
Aug 6, 2015
$750.00
619540
96 TYACK TIRES INC
Aug 6, 2015
$856.18
619541
8252 UNDERGROUND SERVICE ALERT INC
Aug 6, 2015
$6,119.04
619542
21501 URBAN RESTORATION INC
Aug 6, 2015
$2,407.50
619543
8391 URNERS APPLIANCE CENTER
Aug 6, 2015
$84.00
619544
23301 VALLEY CYCLE & MOTOR SPORTS INC
Aug 6, 2015
$84.04
619545
26060 VANGUARD CLEANING SYSTEMS INC
Aug 6, 2015
$375.00
619546
8640 VETTER, KENNETH E
Aug 6, 2015
$50.00
619547
4141 WATTEN ARGER DO IT CENTER
Aug 6, 2015
$253.89
619548
8936 WESTERN EXTERMINATOR COMPANY
Aug 6, 2015
$682.00
619549
21212 WHITE CAP CONSTRUCTION SUPPLY
Aug 6, 2015
$225.32
619550
26337 WHITE, WILLIAM
Aug 6, 2015
$63.00
619551
28008 WINNER CHEVROLET
Aug 6, 2015
$21,132.50
619552
10349 WORKFORCE SAFETY
Aug 6, 2015
$2,500.00
619553
11063 ZARAGOZA, MARISELA
Aug 6, 2015
$89.70
619554
28351 ZAVALA, MANUEL
Aug 6, 2015
$79.93
619555
17690 ZONES
Aug 6, 2015
$5,650.53
619556
70001 A -C ELECTRIC COMPANY
Aug 6, 2015
$60,068.48
619560
78 ADVANCED DISTRIBUTION CO
Aug 6, 2015
$21,366.97
619561
27862 CALIFORNIA SOCIETY OF CPAS
Aug 6, 2015
$329.00
619564
1696 CALIFORNIA WATER SERVICE
Aug 6, 2015
$38,543.51
619565
20701 CGIA PMB 331
Aug 6, 2015
$2,250.00
619566
1941 CHEVRON USA
Aug 6, 2015
$498.02
619567
1944 CHICAGO TITLE COMPANY INC
Aug 6, 2015
$219,659.20
619568
15634 CITY OF BAKERSFIELD
Aug 6, 2015
$3,227.60
619569
17023 CITY OF BAKERSFIELD
Aug 6, 2015
$8,460.00
619570
11641 EMBASSY SUITES
Aug 6, 2015
$228.43
619571
26312 EPIC AVIATION INC
Aug 6, 2015
$663.91
619572
2959 FIRST AMERICAN TITLE COMPANY
Aug 6, 2015
$238,443.00
S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 912115 CC AGENDA PA CKET PA GE
8/20/2015
CITY OF BAKERSFIELD - CHECK REGISTER
PAGE 7
FROM 7/31/2015 TO 8/20/2015
Check
Vendor
Number
Number Vendor Name
Check Date
Check Amount
619573
7509 GAS COMPANY
Aug 6, 2015
$47.66
619575
3427 GRAINGER INC, W W
Aug 6, 2015
$3,079.10
619577
28263 GREEN GRASS LAWN CARE
Aug 6, 2015
$1,370.00
619579
7933 HOME DEPOT
Aug 6, 2015
$1,411.02
619580
14540 HOOSE NEWS SERVICE
Aug 6, 2015
$81.70
619583
15624 LOWE'S HOME IMPROVEMENT
Aug 6, 2015
$1,656.94
619584
5700 MOTON, LISA
Aug 6, 2015
$71.90
619585
12273 NATIONAL NOTARY ASSOCIATION
Aug 6, 2015
$178.00
619586
14088 PACIFIC GAS & ELECTRIC
Aug 6, 2015
$10,723.00
619587
14088 PACIFIC GAS & ELECTRIC
Aug 6, 2015
$1,052.51
619588
6114 PACIFIC GAS & ELECTRIC COMPANY
Aug 6, 2015
$1,502.45
619590
6114 PACIFIC GAS & ELECTRIC COMPANY
Aug 6, 2015
$192,724.95
619592
6376 PIONEER PAINT
Aug 6, 2015
$7,276.16
619593
15212 U.S. BEHAVIORAL HEALTH PLAN
Aug 6, 2015
$1,169.63
619595
10428 UNITED REFRIGERATION INC
Aug 6, 2015
$951.16
619596
8996 WILD WATER ADVENTURES
Aug 6, 2015
$1,098.00
619597
30006 ANTHEM BLUE CROSS - CAL CARE
Aug 6, 2015
$134,134.95
619598
30004 ANTHEM BLUE CROSS OF CALIFORNIA
Aug 6, 2015
$376,705.36
619599
30021 KAISER PERMANENTE
Aug 6, 2015
$169,023.34
619600
30002 MEDICAL EYE SERVICE COMPANY
Aug 6, 2015
$5,869.16
619601
30026 METLIFE INC
Aug 6, 2015
$43,130.58
619602
26810 RELIASTAR LIFE INSURANCE CO
Aug 6, 2015
$3,035.13
619603
30027 U S BANK - PARS #6746022400
Aug 6, 2015
$8,879.66
619604
30003 UNITED HEALTH CARE
Aug 6, 2015
$13,207.06
619605
30020 UNUM
Aug 6, 2015
$5,558.26
619606
10037 ANDREW GARCIA
Aug 7, 2015
$350.00
619607
22306 BECK, ETHAN
Aug 7, 2015
$185.00
619608
70079 BECKA CONSTRUCTION
Aug 7, 2015
$256.00
619609
10037 BLUEPRINT SERVICE CO.
Aug 7, 2015
$344.71
619610
10037 ELLIOTT B MAGNUS ATTRY AT LAW
Aug 7, 2015
$119.57
619611
10037 ELLIS PORTER
Aug 7, 2015
$40.00
619612
12963 FROEHLICH CONSTRUCTION
Aug 7, 2015
$80.87
619613
16862 HEALTHCOMP INC
Aug 7, 2015
$157.08
619614
12303 JORONCO RENTALS INC
Aug 7, 2015
$374.50
619615
4435 KERN COUNTY CLERKS
Aug 7, 2015
$150.00
619616
26048 LENNAR FRESNO INC
Aug 7, 2015
$1,855.31
619617
10037 PAIGE ETCH EVERRY- BARNES LAW OFFICE
Aug 7, 2015
$275.00
619618
20828 PARSONS TRANSPORTATION GROUP INC
Aug 7, 2015
$1,309,298.57
619619
15481 SAN JOAQUIN VALLEY RAILROAD CO INC
Aug 7, 2015
$176,589.90
619620
28435 SERVPRO OF SW BAKERSFIELD
Aug 7, 2015
$689.24
619621
10037 SONIA VEGA
Aug 7, 2015
$100.00
619622
10037 SUN RUN
Aug 7, 2015
$187.00
619623
26369 T Y LIN INTERNATIONAL INC
Aug 7, 2015
$213,122.38
619624
70241 ZOKE
Aug 7, 2015
$760.00
619625
10047 ALAN ALVAREZ
Aug 7, 2015
$445.35
619626
10047 AL ERTSONS 6398 -COFF 01 -COB
Aug 7, 2015
$859.46
619627
10047 COUNTY OF KERN -OPEN TOP
Aug 7, 2015
$233.62
619628
2468 DEPARTMENT OF JUSTICE
Aug 7, 2015
$1,560.00
619629
4570 KCTTC - JORDAN KAUFMAN
Aug 7, 2015
$68.47
619630
4550 KERN COUNTY SUPT OF SCHOOLS
Aug 7, 2015
$747,835.95
619631
10047 RESIDENCE HOTEL
Aug 7, 2015
$935.77
619632
19844 VAN WYK, MITCH
Aug 7, 2015
$7,629.10
S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 912115 CC AGENDA PA CKET PA GE 4 7
8/20/2015
CITY OF BAKERSFIELD - CHECK REGISTER
PAGE 8
FROM 7/31/2015 TO 8/20/2015
Check
Vendor
Number
Number Vendor Name
Check Date
Check Amount
619633
22839 SECURITY PAVING CO, INC
Aug 10, 2015
$232,575.37
619634
28 A C ELECTRIC COMPANY
Aug 13, 2015
$730.00
619635
537 A T & T
Aug 13, 2015
$1,411.13
619636
25334 ABOVE AND BEYOND CONSTRUCTION
Aug 13, 2015
$656.00
619637
15433 ADVANCE MOBILE SECURITY
Aug 13, 2015
$787.78
619638
78 ADVANCED DISTRIBUTION CO
Aug 13, 2015
$8,572.94
619639
18426 AL ERTSON, KEVIN
Aug 13, 2015
$30.04
619640
24462 ALIANZA RECYCLING GROUP INC
Aug 13, 2015
$17.25
619641
160 ALL THAT LETTERING SIGN COMPNY
Aug 13, 2015
$130.00
619642
16995 ALPINE TREE & TRACTOR SERVICE
Aug 13, 2015
$1,482.00
619643
23588 ALUMINUM CHUCK WAGON
Aug 13, 2015
$17,083.61
619644
28369 ALVAREZ, LUIS
Aug 13, 2015
$84.00
619645
27366 AMERICAN MESSAGING
Aug 13, 2015
$248.70
619646
26835 AMERICAN RED CROSS - HEALTH &
Aug 13, 2015
$145.00
619647
340 AMERICAS
Aug 13, 2015
$142.98
619648
1049 APPLIED LNG TECHNOLOGIES
Aug 13, 2015
$12,210.93
619649
26082 ARREDONDO, SERGIO
Aug 13, 2015
$100.00
619650
455 ARROWHEAD MOUNTAIN SPRING WATER
Aug 13, 2015
$577.25
619651
523 ATCO INTERNATIONAL
Aug 13, 2015
$315.40
619652
25940 BACA, ANTHONY
Aug 13, 2015
$126.00
619653
13544 BAKERSFIELD ARC
Aug 13, 2015
$20.00
619654
675 BAKERSFIELD CALIFORNIAN
Aug 13, 2015
$383.53
619655
841 BAKERSFIELD RUBBER STAMP CO
Aug 13, 2015
$27.90
619656
875 BAKERSFIELD TRUCK CENTER
Aug 13, 2015
$721.41
619657
910 BALLARD, WILLIAM J
Aug 13, 2015
$75.00
619658
11248 BANKS PEST CONTROL
Aug 13, 2015
$2,050.00
619659
557 BARC
Aug 13, 2015
$17.50
619660
13424 BARNES WELDING SUPPLY
Aug 13, 2015
$54.78
619661
18398 BATTERY SYSTEMS
Aug 13, 2015
$295.15
619662
23444 BILLINGSLEY, MATTHEW
Aug 13, 2015
$205.00
619663
21172 BLACKHOLE TECHNOLOGIES INC
Aug 13, 2015
$1,744.65
619664
28341 BOB'S AUTO GLASS INC
Aug 13, 2015
$1,222.83
619665
1175 BOBS WHOLESALE AUTO GLASS
Aug 13, 2015
$239.69
619666
22817 BORN AGAIN BODYWORKS
Aug 13, 2015
$3,009.70
619667
1271 BROOKS TRAILER
Aug 13, 2015
$63.37
619668
24464 BROWN, CLAUDE
Aug 13, 2015
$189.00
619669
16565 BTE COMMUNICATIONS LLC
Aug 13, 2015
$190.00
619670
22565 BURTCH CONSTRUCTION INC
Aug 13, 2015
$99,735.88
619671
1477 CAL VALLEY EQUIPMENT INC
Aug 13, 2015
$629.43
619672
27074 CEN CAL CONSTRUCTION INC
Aug 13, 2015
$51,878.00
619673
1859 CERTIFIED LABORATORIES
Aug 13, 2015
$2,153.23
619674
1924 CHESTER AVENUE BRAKE & SUPPLY
Aug 13, 2015
$233.01
619675
1978 CITY BODY WORKS
Aug 13, 2015
$1,604.00
619676
28160 CIVICA SOFTWARE
Aug 13, 2015
$9,281.00
619677
2050 CLIFFORD & BROWN
Aug 13, 2015
$3,350.73
619678
21588 COCA -COLA REFRESHMENTS
Aug 13, 2015
$736.32
619679
12929 CODE 3 UNIFORMS
Aug 13, 2015
$352.60
619680
11167 COLES ENVIRONMENTAL
Aug 13, 2015
$150.00
619681
25288 COMPLETE PAPERLESS SOLUTIONS
Aug 13, 2015
$28,430.50
619682
27509 CONTRERAS, ANGEL
Aug 13, 2015
$126.00
619683
2247 COUNTY OF MARIN /CAL -SLA
Aug 13, 2015
$4,800.00
619684
10285 CRIDER CONSTRUCTION INC
Aug 13, 2015
$9,428.42
S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 912115 CC AGENDA PACKET PAGE
8/20/2015
CITY OF BAKERSFIELD - CHECK REGISTER
PAGE 9
FROM 7/31/2015 TO 8/20/2015
Check
Vendor
Number
Number Vendor Name
Check Date
Check Amount
619685
2245 CROCKER JANITORIAL SUPPLY CO
Aug 13, 2015
$382.17
619686
27397 CSDS INC
Aug 13, 2015
$6,056.61
619687
2253 CULLIGAN WATER CONDITIONING
Aug 13, 2015
$164.10
619688
27218 CUMMINS PACIFIC LLC
Aug 13, 2015
$746.20
619689
27296 D & D DISPOSAL INC
Aug 13, 2015
$800.00
619690
4140 DAVID JONES COMPANY
Aug 13, 2015
$9.48
619691
2442 DELANEY & AHLF DIESEL SERVICE INC
Aug 13, 2015
$792.19
619692
2449 DEPARTMENT OF GENERAL SERVICES
Aug 13, 2015
$303.25
619693
24213 DIAMOND H HAULING
Aug 13, 2015
$285.00
619694
17539 DYNAMIC TRAFFIC SYSTEMS INC
Aug 13, 2015
$30,766.50
619695
20586 DYSON, DIANA L
Aug 13, 2015
$14.56
619696
16511 EAN SERVICES LLC
Aug 13, 2015
$388.18
619697
2769 EL POPULAR CALIFORNIA
Aug 13, 2015
$393.75
619698
2752 ELBERT DISTRIBUTING
Aug 13, 2015
$19.76
619699
25558 ELROD, STEPHEN
Aug 13, 2015
$67.99
619700
27467 EMERGENCY VEHICLE OUTFITTERS
Aug 13, 2015
$1,962.93
619701
26951 EQUARIUS WATERWORKS
Aug 13, 2015
$35,923.57
619702
2830 EWING IRRIGATION PRODUCTS
Aug 13, 2015
$210.58
619703
2901 FEDEX
Aug 13, 2015
$53.86
619704
2911 FERGUSON, ANDREW
Aug 13, 2015
$168.00
619705
2928 FIDLER, KEVIN
Aug 13, 2015
$168.00
619706
2930 FIELDMAN, ROLAPP & ASSOCIATES
Aug 13, 2015
$65,790.12
619707
19657 FIRST CHOICE SERVICES INC
Aug 13, 2015
$192.77
619708
25339 FLEET SERVICES TOWING INC
Aug 13, 2015
$70.00
619709
3028 FLOYDS GENERAL STORE
Aug 13, 2015
$42.99
619710
3213 GALLS / QUARTERMASTER
Aug 13, 2015
$7,144.88
619711
18976 GARCIA, JUAN J
Aug 13, 2015
$147.95
619712
308 GARDENERS SUPPLY
Aug 13, 2015
$456.29
619713
22074 GOODWIN PROCTER LLP
Aug 13, 2015
$45,000.00
619714
3450 GRANITE CONSTRUCTION INC
Aug 13, 2015
$269,920.00
619715
3450 GRANITE CONSTRUCTION INC
Aug 13, 2015
$1,054,583.85
619716
3450 GRANITE CONSTRUCTION INC
Aug 13, 2015
$49,443.00
619717
28438 GRANT THORNTON LLP
Aug 13, 2015
$2,500.00
619718
3452 GRAY AR ELECTRIC COMPANY
Aug 13, 2015
$91.97
619719
24693 GRUBBS, JOSH
Aug 13, 2015
$63.00
619720
24139 GUTIERREZ TIRE & WHEEL INC
Aug 13, 2015
$1,027.52
619721
12686 GW SCHOOL SUPPLY
Aug 13, 2015
$125.99
619722
3660 HARBOR FREIGHT TOOLS
Aug 13, 2015
$165.38
619723
20920 HARVICK, MATT
Aug 13, 2015
$65.55
619724
28169 HAYES, BRENDA
Aug 13, 2015
$295.50
619725
28428 HENDERSON, TYLER
Aug 13, 2015
$189.00
619726
19810 HERNANDEZ, JOSUE A
Aug 13, 2015
$114.68
619727
20621 ICF JONES & STOKES INC
Aug 13, 2015
$36,501.83
619728
20795 IPC USA INC
Aug 13, 2015
$26,350.58
619729
26694 JACO SEN WEST
Aug 13, 2015
$201.88
619730
19729 JAMES WOMACK
Aug 13, 2015
$600.00
619731
24903 JMLORD INC
Aug 13, 2015
$168.75
619732
4226 JOHNSTONE SUPPLY OF BAKERSFIEL
Aug 13, 2015
$10,457.31
619733
4243 JORGENSEN & CO
Aug 13, 2015
$45.61
619734
19554 K & R TOWING
Aug 13, 2015
$35.00
619735
26066 KARR, STEVEN
Aug 13, 2015
$63.00
619736
4346 KELLY PIPE CO LLC
Aug 13, 2015
$128.89
S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 912115 CC AGENDA PA CKET PA GE 4 9
8/20/2015
CITY OF BAKERSFIELD - CHECK REGISTER
PAGE 10
FROM 7/31/2015 TO 8/20/2015
Check
Vendor
Number
Number Vendor Name
Check Date
Check Amount
619737
4528 KERN COUNTY PUBLIC HEALTH SERV
Aug 13, 2015
$74.00
619738
4680 KERN RIVER POWER EQUIPMENT INC
Aug 13, 2015
$968.60
619739
4700 KERN SECURITY SYSTEMS INC
Aug 13, 2015
$864.00
619740
4701 KERN SPRINKLER LANDSCAPING INC
Aug 13, 2015
$25,005.00
619741
23434 KINNEY, STEVEN P
Aug 13, 2015
$920.00
619742
4861 KISCO SALES INC
Aug 13, 2015
$149.44
619743
21946 KROEKER, RYAN
Aug 13, 2015
$168.00
619744
12552 KURB KUT
Aug 13, 2015
$910.00
619745
1423 KUTAK ROCK LLP
Aug 13, 2015
$75,000.00
619746
5018 LARRY & PONS UPHOLSTERY
Aug 13, 2015
$43.00
619747
22408 LEHR AUTO ELECTRIC
Aug 13, 2015
$1,415.28
619748
24004 LEWIS TOWING 2 INC
Aug 13, 2015
$55.00
619749
10955 LEXISNEXIS
Aug 13, 2015
$595.00
619750
16442 LONDON, CYNTHIA
Aug 13, 2015
$173.00
619751
5133 LOOP ELECTRIC INC
Aug 13, 2015
$15,805.00
619752
24853 LUNAR COW INC
Aug 13, 2015
$12,000.00
619753
22497 M & J HANDIMAN HENRY
Aug 13, 2015
$305.00
619754
28310 M -I LLC
Aug 13, 2015
$54,139.96
619755
12627 MARDEROSIAN CERCONE & COHEN
Aug 13, 2015
$8,023.98
619756
5370 MCLELLAN INDUSTRIES INC
Aug 13, 2015
$1,965.62
619757
7064 MERCHANTS PRINTING & ENVELOPE
Aug 13, 2015
$745.20
619758
24077 MICHEL AUTO TECH
Aug 13, 2015
$50.75
619759
1316 MICHELIN NORTH AMERICA INC
Aug 13, 2015
$13,208.96
619760
5547 MINUTEMAN PRESS
Aug 13, 2015
$299.74
619761
28439 MISAC
Aug 13, 2015
$550.00
619762
28333 MOLINA, GABRIELLE
Aug 13, 2015
$56.41
619763
28444 MONTGOMERY, JAMES
Aug 13, 2015
$168.00
619764
5632 MOODY'S INVESTORS SERVICE
Aug 13, 2015
$70,000.00
619765
27722 MOORE AND MEANS INVESTIGATION
Aug 13, 2015
$410.00
619766
5688 MOTION INDUSTRIES INC
Aug 13, 2015
$168.79
619767
5781 MYRON CORP
Aug 13, 2015
$327.37
619768
22058 NET TRANSCRIPTS, INC.
Aug 13, 2015
$99.50
619769
24279 O'REILLY AUTO PARTS
Aug 13, 2015
$145.88
619770
10361 OPEN & SHUT ENTERPRISES
Aug 13, 2015
$100.00
619771
12599 ORANGE CO SHERIFF'S DEPT - TRAINING
Aug 13, 2015
$134.00
619772
20496 ORNELAS, MANUEL
Aug 13, 2015
$168.00
619773
6030 ORTIZ, TIM
Aug 13, 2015
$68.25
619774
6448 P T O SALES CORP
Aug 13, 2015
$1,366.46
619775
6122 PACIFIC POWER INC
Aug 13, 2015
$15.16
619776
27514 PHILLIPS, CHARLIE
Aug 13, 2015
$126.00
619777
17911 PLCS PLUS INTERNATIONAL INC
Aug 13, 2015
$6,398.00
619778
178 PRAXAIR DISTRIBUTION INC
Aug 13, 2015
$398.91
619779
26997 PROVOST & PRICHARD CONSULTING INC
Aug 13, 2015
$4,190.00
619780
6682 RAYMONDS TROPHY AND AWARDS
Aug 13, 2015
$51.06
619781
22689 RODRIGUE, STEVEN
Aug 13, 2015
$120.75
619782
28445 ROMERO, DAMIAN
Aug 13, 2015
$168.00
619783
6915 ROUND -UP FEED AND PET SUPPLY
Aug 13, 2015
$605.08
619784
27515 RULOPH, GREG
Aug 13, 2015
$252.00
619785
19102 SANCHEZ, NORI
Aug 13, 2015
$57.50
619786
27361 SC FUELS
Aug 13, 2015
$14,072.51
619787
17273 SEQUOIA SANDWICH COMPANY
Aug 13, 2015
$117.00
619788
18667 SKINNER, LYN
Aug 13, 2015
$63.28
S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 912115 CC AGENDA PACKET PAGE 5
8/20/2015
CITY OF BAKERSFIELD - CHECK REGISTER
PAGE 11
FROM 7/31/2015 TO 8/20/2015
Check
Vendor
Number
Number Vendor Name
Check Date
Check Amount
619789
7434 SMART & FINAL IRIS COMPANY
Aug 13, 2015
$284.89
619790
28359 SORENSON, JOHN
Aug 13, 2015
$247.02
619791
24476 SOTO, ROBERT
Aug 13, 2015
$315.00
619792
11907 SPARKLETTS /SIERRA SPRINGS
Aug 13, 2015
$546.85
619793
25468 SSD SYSTEMS INC
Aug 13, 2015
$1,274.58
619794
3565 SUNGARD PUBLIC SECTOR INC
Aug 13, 2015
$155.63
619795
28163 SWITZER, PHILIP
Aug 13, 2015
$126.00
619796
25338 TEN EIGHT TOW INC
Aug 13, 2015
$35.00
619797
10732 TOWNSEND, JASON
Aug 13, 2015
$160.00
619798
96 TYACK TIRES INC
Aug 13, 2015
$670.26
619799
8319 UNITED PARCEL SERVICE
Aug 13, 2015
$76.49
619800
10428 UNITED REFRIGERATION INC
Aug 13, 2015
$1,027.98
619801
27086 VALENTI, MARY
Aug 13, 2015
$600.00
619802
8520 VALLEY POWER SYSTEMS, INC
Aug 13, 2015
$419.77
619803
21212 WHITE CAP CONSTRUCTION SUPPLY
Aug 13, 2015
$47.26
619804
26337 WHITE, WILLIAM
Aug 13, 2015
$63.00
619806
78 ADVANCED DISTRIBUTION CO
Aug 13, 2015
$5,071.01
619807
12516 AIMS
Aug 13, 2015
$10,837.50
619808
13631 AR /PERP
Aug 13, 2015
$1,150.00
619813
1696 CALIFORNIA WATER SERVICE
Aug 13, 2015
$84,438.77
619814
1944 CHICAGO TITLE COMPANY INC
Aug 13, 2015
$128,148.97
619815
1944 CHICAGO TITLE COMPANY INC
Aug 13, 2015
$147,113.69
619816
11937 CITY OF BAKERSFIELD
Aug 13, 2015
$52.13
619817
11709 DEPARTMENT OF CONSUMER AFFAIRS
Aug 13, 2015
$115.00
619818
2714 EAST NILES COMMUNITY SERVICES
Aug 13, 2015
$1,358.30
619819
20506 EDM PUBLISHERS
Aug 13, 2015
$99.00
619820
2959 FIRST AMERICAN TITLE COMPANY
Aug 13, 2015
$121,043.50
619822
7509 GAS COMPANY
Aug 13, 2015
$284.01
619824
3358 GILLIAM & SONS INC
Aug 13, 2015
$92,793.08
619825
70114 GM ENGINEERING
Aug 13, 2015
$108,476.29
619827
3427 GRAINGER INC, W W
Aug 13, 2015
$4,228.57
619829
3450 GRANITE CONSTRUCTION INC
Aug 13, 2015
$467,711.35
619832
7933 HOME DEPOT
Aug 13, 2015
$2,867.45
619833
28433 JOHNSON, ELENA
Aug 13, 2015
$400.00
619834
28440 KERN DELTA WATER DISTRICT
Aug 13, 2015
$8,146.67
619837
4740 KERN TURF SUPPLY
Aug 13, 2015
$63,049.68
619838
28441 KERN WATER BANK AUTHORITY AND
Aug 13, 2015
$15,979.38
619840
15624 LOWE'S HOME IMPROVEMENT
Aug 13, 2015
$2,108.49
619841
19466 MAGANA, SUSAN
Aug 13, 2015
$265.99
619842
5700 MOTON, LISA
Aug 13, 2015
$168.40
619843
28442 NORTH KERN WATER STORAGE DISTRICT
Aug 13, 2015
$6,901.79
619844
18230 OILDALE MUTUAL WATER COMPANY
Aug 13, 2015
$46.65
619845
6114 PACIFIC GAS & ELECTRIC COMPANY
Aug 13, 2015
$1,964.59
619846
7250 SECRETARY OF STATE
Aug 13, 2015
$40.00
619847
7103 SJVAPCD
Aug 13, 2015
$4,200.00
619848
7636 STATE WATER RESOURCES CONTROL BOARD
Aug 13, 2015
$60.00
619849
8124 TRAYNOR, SHARON
Aug 13, 2015
$249.00
619850
8611 VAUGHN WATER CO., INC.
Aug 13, 2015
$5,521.85
619851
8658 VISALIA POLICE DEPARTMENT
Aug 13, 2015
$600.00
619852
10199 BAKERSFIELD CITY EMPLOYEE
Aug 13, 2015
$195,772.00
619853
18067 ALDACO, LUIS
Aug 14, 2015
$125.00
619854
10037 BAKERSFIELD SWIM ACADEMY
Aug 14, 2015
$100.00
S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 912115 CC AGENDA PACKET PAGE 51
8/20/2015
CITY OF BAKERSFIELD - CHECK REGISTER
PAGE 12
FROM 7/31/2015 TO 8/20/2015
Check
Vendor
Number
Number Vendor Name
Check Date
Check Amount
619855
10037 BUDGET WIRELESS CALIFORNIA LLC
Aug 14, 2015
$67.00
619856
14554 CHOATE, WENDELL DEAN
Aug 14, 2015
$125.00
619857
10047 ELEPHANT BAR RESTAURANT
Aug 14, 2015
$1,239.44
619858
10037 GLASPY & GLASPY LAW OFF
Aug 14, 2015
$15.00
619859
10037 JEANINE ADAMS
Aug 14, 2015
$25.00
619860
10047 JESUS GOMEZ
Aug 14, 2015
$89.35
619861
4435 KERN COUNTY CLERKS
Aug 14, 2015
$750.00
619862
10037 MARIA RAMIREZ
Aug 14, 2015
$42.00
619863
10037 MARTHA CONTRERAS
Aug 14, 2015
$100.00
619864
10047 NORMA TUTASOSOPO
Aug 14, 2015
$10.65
619865
10037 OILERS
Aug 14, 2015
$21.00
619866
10037 OLIVE KNOLLS CHURCH
Aug 14, 2015
$100.00
619867
26515 PACIFIC TRANSPORT REFRIGERATION INC
Aug 14, 2015
$54.11
619868
10047 PALMS BAKERSFIELD LIMITED LLC
Aug 14, 2015
$7,525.13
619869
6171 PARAMOUNT CONTAINER & SUPPLY CO INC
Aug 14, 2015
$670.03
619870
6076 PB LOADER MANUFACTURING CO
Aug 14, 2015
$155.52
619871
27911 PORTERVILLE FORD
Aug 14, 2015
$1,716.71
619872
20415 PROFORCE LAW ENFORCEMENT INC
Aug 14, 2015
$7,347.57
619873
6527 PULLTARPS MFG
Aug 14, 2015
$1,106.88
619874
3249 RAY GASKIN SERVICE INC
Aug 14, 2015
$2,881.79
619875
10037 REYNA SANDOVAL
Aug 14, 2015
$100.00
619876
26867 RICHARDSON, MARTHA JEAN
Aug 14, 2015
$923.10
619877
28068 RLS INDUSTRIES
Aug 14, 2015
$125.14
619878
5681 ROBERT B MOSS JR
Aug 14, 2015
$64.50
619879
10037 ROBERT E REED, DDS
Aug 14, 2015
$27.00
619880
7029 SAN DIEGO POLICE EQUIPMENT CO
Aug 14, 2015
$536.45
619881
7586 SPECIALTY TRIM & AWNING INC
Aug 14, 2015
$140.00
619882
28437 SPENCER, CHARLES
Aug 14, 2015
$124.95
619883
13815 STEVE HOLLOWAY PAINTING
Aug 14, 2015
$1,900.00
619884
7693 STOCKDALE TILE INC
Aug 14, 2015
$73.58
619885
14693 THE LIFEGUARD STORE
Aug 14, 2015
$865.63
619886
23940 THE SEGAL COMPANY INC
Aug 14, 2015
$61.44
619887
19631 U S AIR CONDITIONING DISTRIBUTORS
Aug 14, 2015
$380.12
619888
21501 URBAN RESTORATION INC
Aug 14, 2015
$4,900.79
619889
21513 USA LUE OOK
Aug 14, 2015
$1,253.69
619890
751 UTECH ENVIRONMENTAL MFG SUPPLY
Aug 14, 2015
$817.16
619891
15132 VALLEY PROPANE SERVICE
Aug 14, 2015
$452.61
619892
8400 VWR SCIENTIFIC
Aug 14, 2015
$571.77
619893
21202 WASTEWATER TECHNOLOGY TRAINERS
Aug 14, 2015
$4,000.00
619894
28427 WESTLAND DISTRIBUTING INC
Aug 14, 2015
$158.72
619895
21212 WHITE CAP CONSTRUCTION SUPPLY
Aug 14, 2015
$3,160.50
619896
8995 WHOLESALE FUELS
Aug 14, 2015
$232.24
619897
27706 ZOHO CORP
Aug 14, 2015
$3,351.00
619898
11937 CITY OF BAKERSFIELD
Aug 14, 2015
$300.00
619901
7638 STATE BOARD OF EQUALIZATION
Aug 14, 2015
$3,235.00
619902
10204 ASSOCIATION BKFD POLICE OFFICER FCU
Aug 14, 2015
$15,087.80
619903
10211 BAKERSFIELD FIREMEN
Aug 14, 2015
$8,992.91
619904
10200 BAKERSFIELD FIREMEN RELIEF ASS
Aug 14, 2015
$8,265.90
619905
10203 BAKERSFIELD POLICE BENEFIT
Aug 14, 2015
$24,455.26
619906
10198 KERN COUNTY PUBLIC EMP ASSOC
Aug 14, 2015
$720.20
619907
10205 MUTUAL BENEFIT ASSOCIATION
Aug 14, 2015
$2,164.99
619908
26810 RELIASTAR LIFE INSURANCE CO
Aug 14, 2015
$844.97
S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 912115 CC AGENDA PACKET PAGE 52
8/20/2015
CITY OF BAKERSFIELD - CHECK REGISTER
PAGE 13
FROM 7/31/2015 TO 8/20/2015
Check
Vendor
Number
Number Vendor Name
Check Date
Check Amount
619909
22324 SEIU LOCAL 521
Aug 14, 2015
$21,112.33
619910
6129 A T & T
Aug 20, 2015
$205.52
619911
18484 A T & T
Aug 20, 2015
$36,319.23
619912
15433 ADVANCE MOBILE SECURITY
Aug 20, 2015
$77.63
619913
17100 AEROS ENVIRONMENTAL INC
Aug 20, 2015
$510.00
619914
26688 AIR EXCHANGE INC
Aug 20, 2015
$149.32
619915
160 ALL THAT LETTERING SIGN COMPNY
Aug 20, 2015
$161.25
619916
16995 ALPINE TREE & TRACTOR SERVICE
Aug 20, 2015
$758.00
619917
28369 ALVAREZ, LUIS
Aug 20, 2015
$105.00
619918
292 AMERICAL AWNING SHOPPE & PATIO
Aug 20, 2015
$145.00
619919
1049 APPLIED LNG TECHNOLOGIES
Aug 20, 2015
$7,520.47
619920
455 ARROWHEAD MOUNTAIN SPRING WATER
Aug 20, 2015
$279.96
619921
536 AVERY ASSOCIATES
Aug 20, 2015
$4,376.79
619922
13028 B & H PHOTO VIDEO INC
Aug 20, 2015
$11,449.00
619923
25940 BACA, ANTHONY
Aug 20, 2015
$189.00
619924
646 BAKER, BOBBY
Aug 20, 2015
$375.00
619925
675 BAKERSFIELD CALIFORNIAN
Aug 20, 2015
$2,203.05
619926
10320 BAKERSFIELD HOMELESS CENTER
Aug 20, 2015
$42,210.98
619927
10674 BAKERSFIELD RETAIL SYSTEMS
Aug 20, 2015
$134.19
619928
841 BAKERSFIELD RUBBER STAMP CO
Aug 20, 2015
$10.21
619929
875 BAKERSFIELD TRUCK CENTER
Aug 20, 2015
$566.54
619930
13424 BARNES WELDING SUPPLY
Aug 20, 2015
$438.67
619931
1069 BETHANY SERVICES
Aug 20, 2015
$6,695.10
619932
21172 BLACKHOLE TECHNOLOGIES INC
Aug 20, 2015
$1,484.17
619933
1175 BOBS WHOLESALE AUTO GLASS
Aug 20, 2015
$306.61
619934
18692 BOUND TREE MEDICAL LLC
Aug 20, 2015
$718.27
619935
1249 BRANDCO
Aug 20, 2015
$188.13
619936
1292 BROWN ARMSTRONG
Aug 20, 2015
$1,440.00
619937
24464 BROWN, CLAUDE
Aug 20, 2015
$126.00
619938
10267 BUDGET BOLT INC
Aug 20, 2015
$489.93
619939
1359 BUDS BRAKE & WHEEL PARTS
Aug 20, 2015
$72.37
619940
23090 BURTONS FIRE INC
Aug 20, 2015
$421.05
619941
1477 CAL VALLEY EQUIPMENT INC
Aug 20, 2015
$807.76
619942
23361 CENTRAL VALLEY PRESORT INC
Aug 20, 2015
$677.58
619943
1888 CHAMPION HARDWARE
Aug 20, 2015
$450.38
619944
23786 CHART INDUSTRIES
Aug 20, 2015
$1,215.27
619945
14931 CHEM PRO LABORATORY INC
Aug 20, 2015
$3,128.60
619946
1924 CHESTER AVENUE BRAKE & SUPPLY
Aug 20, 2015
$102.65
619947
27535 CITERION PICTURES USA
Aug 20, 2015
$1,290.00
619948
644 CITY NEON SIGN COMPANY INC
Aug 20, 2015
$176.30
619949
28160 CIVICA SOFTWARE
Aug 20, 2015
$13,921.50
619950
23785 COASTAL INDUSTRIAL, LTD
Aug 20, 2015
$1,089.88
619951
27509 CONTRERAS, ANGEL
Aug 20, 2015
$63.00
619952
28349 CONVERGINT TECHNOLOGIES
Aug 20, 2015
$2,261.72
619953
2203 CORNERSTONE ENGINEERING INC
Aug 20, 2015
$223.50
619954
24685 CREEKVIEW VILLAS HOA
Aug 20, 2015
$1,225.00
619955
27839 CRITTERS WITHOUT LITTERS
Aug 20, 2015
$2,825.00
619956
2245 CROCKER JANITORIAL SUPPLY CO
Aug 20, 2015
$774.00
619957
27218 CUMMINS PACIFIC LLC
Aug 20, 2015
$1,600.82
619958
23293 CUSTOM FISHING RODS
Aug 20, 2015
$227.50
619959
19185 CYCLE GEAR INC
Aug 20, 2015
$363.24
619960
28448 D & M SCHULTE
Aug 20, 2015
$1,851.37
S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 912115 CC AGENDA PACKET PAGE 53
8/20/2015
CITY OF BAKERSFIELD - CHECK REGISTER
PAGE 14
FROM 7/31/2015 TO 8/20/2015
Check
Vendor
Number
Number Vendor Name
Check Date
Check Amount
619961
25063 DANIEL JR, AL ERTO
Aug 20, 2015
$94.50
619962
25337 DAVES FLEET MAINT & TOWING INC
Aug 20, 2015
$75.00
619963
4140 DAVID JANES COMPANY
Aug 20, 2015
$651.02
619964
19613 DE SOTO SALES INC
Aug 20, 2015
$117.36
619965
25962 DEFINITI HEALTHCARE MANAGEMENT INC
Aug 20, 2015
$102.13
619966
11954 DEPARTMENT OF INDUSTRIAL RELATIONS
Aug 20, 2015
$1,412.50
619967
2469 DEPARTMENT OF JUSTICE
Aug 20, 2015
$514.00
619968
11271 DEPARTMENT OF TRANSPORTATION
Aug 20, 2015
$819.80
619969
24854 DEWEY PEST CONTROL INC
Aug 20, 2015
$696.00
619970
1048 DLT SOLUTIONS LLC
Aug 20, 2015
$5,620.83
619971
22834 DONNA DESMOND ASSOCIATES INC
Aug 20, 2015
$3,439.58
619972
1167 E S R I
Aug 20, 2015
$117,000.00
619973
2752 ELBERT DISTRIBUTING
Aug 20, 2015
$6.84
619974
23720 ERNEST PACKING SOLUTIONS INC
Aug 20, 2015
$3,544.56
619975
16624 FASTENAL COMPANY
Aug 20, 2015
$40.77
619976
2901 FEDEX
Aug 20, 2015
$127.66
619977
19657 FIRST CHOICE SERVICES INC
Aug 20, 2015
$268.24
619978
2980 FISHER SCIENTIFIC
Aug 20, 2015
$1,625.38
619979
3028 FLOYDS GENERAL STORE
Aug 20, 2015
$489.12
619980
22966 FORENSIC NURSE SPECIALISTS INC
Aug 20, 2015
$2,900.00
619981
3213 GALLS / QUARTERMASTER
Aug 20, 2015
$1,786.22
619982
308 GARDENERS SUPPLY
Aug 20, 2015
$161.20
619983
28064 GENERAL TREE SERVICE INC
Aug 20, 2015
$4,215.00
619984
25881 GIC TRANSPORT INC
Aug 20, 2015
$5,624.00
619985
3358 GILLIAM & SONS INC
Aug 20, 2015
$4,767.00
619986
3403 GOLDEN STATE PETERBILT
Aug 20, 2015
$131.66
619987
28415 GOLDSTREET DESIGN AGENCY INC
Aug 20, 2015
$2,499.61
619988
3427 GRAINGER INC, W W
Aug 20, 2015
$1,943.48
619989
3452 GRAY AR ELECTRIC COMPANY
Aug 20, 2015
$319.01
619990
3569 H & S BODY WORKS & TOWING
Aug 20, 2015
$75.00
619991
3579 HACH COMPANY
Aug 20, 2015
$1,368.15
619992
162 HADDAD DODGE
Aug 20, 2015
$1,003.42
619993
3593 HALL LETTER SHOP
Aug 20, 2015
$1,337.58
619994
3660 HARBOR FREIGHT TOOLS
Aug 20, 2015
$83.67
619995
10424 HEDIEN, ALAN
Aug 20, 2015
$90.66
619996
28428 HENDERSON, TYLER
Aug 20, 2015
$252.00
619997
3969 INSTANT STORAGE
Aug 20, 2015
$100.99
619998
26694 JACO SEN WEST
Aug 20, 2015
$63.29
619999
25527 JTB SUPPLY CO INC
Aug 20, 2015
$2,385.44
620000
19554 K & R TOWING
Aug 20, 2015
$35.00
620001
4288 KAMAN INDUSTRIAL TECHNOLOGIES INC
Aug 20, 2015
$623.10
620002
26066 KARR, STEVEN
Aug 20, 2015
$126.00
620003
4500 KERN COUNTY FIRE DEPARTMENT
Aug 20, 2015
$44,401.86
620004
4439 KERN COUNTY WASTE MANAGEMENT
Aug 20, 2015
$135.09
620005
4577 KERN DELTA WATER DIST
Aug 20, 2015
$4,163.23
620006
16365 KERN GLASS AND ALUMINUM
Aug 20, 2015
$125.00
620007
7492 KERN MACHINERY INC
Aug 20, 2015
$128.12
620008
26248 KERN PRINT SERVICES INC
Aug 20, 2015
$709.46
620009
4677 KERN REFUSE DISPOSAL, INC
Aug 20, 2015
$1,158,050.77
620010
4680 KERN RIVER POWER EQUIPMENT INC
Aug 20, 2015
$525.88
620011
16090 KERN WATER BANK AUTHORITY
Aug 20, 2015
$2,520.76
620012
20757 KERNDATA.COM
Aug 20, 2015
$5,698.00
S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 912115 CC AGENDA PACKET PAGE 5
8/20/2015
CITY OF BAKERSFIELD - CHECK REGISTER
PAGE 15
FROM 7/31/2015 TO 8/20/2015
Check
Vendor
Number
Number Vendor Name
Check Date
Check Amount
620013
23829 KIDDIE AMUSEMENT INC
Aug 20, 2015
$160.00
620014
4861 KISCO SALES INC
Aug 20, 2015
$265.16
620015
4875 KNIGHTS PUMPING & PORTABLE SVC INC
Aug 20, 2015
$158.00
620016
21960 KOPPEL & GRU ER INC
Aug 20, 2015
$1,992.00
620017
5018 LARRY & PONS UPHOLSTERY
Aug 20, 2015
$48.38
620018
22408 LEHR AUTO ELECTRIC
Aug 20, 2015
$352.17
620019
27778 LEWIS BRISBOIS BISGAARD & SMITH LLP
Aug 20, 2015
$9,030.00
620020
24004 LEWIS TOWING 2 INC
Aug 20, 2015
$55.00
620021
25066 LEXISNEXIS RISK DATA MGMT
Aug 20, 2015
$572.95
620022
5122 LOG CABIN FLORIST
Aug 20, 2015
$1,005.99
620023
18492 M & S SECURITY SERVICES
Aug 20, 2015
$1,152.00
620024
16016 MCINTOSH & ASSOCIATES
Aug 20, 2015
$4,416.00
620025
5369 MCMASTER CARR SUPPLY CO
Aug 20, 2015
$166.09
620026
20156 MEAD & HUNT INC
Aug 20, 2015
$5,854.80
620027
18495 MELO'S GAS & GEAR INC
Aug 20, 2015
$735.56
620028
7064 MERCHANTS PRINTING & ENVELOPE
Aug 20, 2015
$442.91
620029
18520 METROPOLITAN RECYCLING LLC
Aug 20, 2015
$124,593.78
620030
19252 MEYER CIVIL ENGINEERING INC
Aug 20, 2015
$46,887.50
620031
24077 MICHEL AUTO TECH
Aug 20, 2015
$241.23
620032
1316 MICHELIN NORTH AMERICA INC
Aug 20, 2015
$3,162.86
620033
25111 MIWALL CORPORATION
Aug 20, 2015
$3,144.38
620034
5688 MOTION INDUSTRIES INC
Aug 20, 2015
$456.38
620035
5687 MOTOR CITY SALES & SERVICE
Aug 20, 2015
$25.35
620036
27844 MYSTERY RANCH
Aug 20, 2015
$804.77
620037
5870 NB SALES & SERVICES
Aug 20, 2015
$299.20
620038
27089 NEOPOST USA INC
Aug 20, 2015
$173.82
620039
18888 NIEMEYER & ASSOCIATES INC
Aug 20, 2015
$2,505.15
620040
25752 NISHIKAWA PROPERTY MAINTENANCE INC
Aug 20, 2015
$7,451.84
620041
24279 O'REILLY AUTO PARTS
Aug 20, 2015
$260.54
620042
28103 O C
Aug 20, 2015
$20,050.00
620043
10361 OPEN & SHUT ENTERPRISES
Aug 20, 2015
$185.00
620044
14515 OXLEY'S PEST CONTROL INC
Aug 20, 2015
$40.00
620045
14088 PACIFIC GAS & ELECTRIC
Aug 20, 2015
$46.76
620046
19231 PARSONS BRINCKERHOFF CONST SERVICES
Aug 20, 2015
$150,164.00
620047
26926 PATTERSON, LARRY
Aug 20, 2015
$63.00
620048
24029 PAYLESS TOWING
Aug 20, 2015
$35.00
620049
25270 PENINSULA MESSENGER INC
Aug 20, 2015
$269.95
620050
27514 PHILLIPS, CHARLIE
Aug 20, 2015
$126.00
620051
22461 POWER MANAGEMENT INC
Aug 20, 2015
$1,960.00
620052
178 PRAXAIR DISTRIBUTION INC
Aug 20, 2015
$14.24
620053
27625 PROTECTION FORCE PRIVATE SECURITY I
Aug 20, 2015
$1,138.50
620054
20229 QUALITY CODE PUBLISHING LLC
Aug 20, 2015
$3,069.74
620055
27368 RAILWORKS TRACK SERVICES INC
Aug 20, 2015
$7,350.00
620056
6666 RAMIREZ, GONZALO E
Aug 20, 2015
$25.00
620057
6682 RAYMONDS TROPHY AND AWARDS
Aug 20, 2015
$3,939.24
620058
19224 REDFLEX INC
Aug 20, 2015
$40,445.76
620059
6915 ROUND -UP FEED AND PET SUPPLY
Aug 20, 2015
$240.76
620060
17449 RRM DESIGN GROUP INC
Aug 20, 2015
$1,375.00
620061
27515 RULOPH, GREG
Aug 20, 2015
$189.00
620062
25220 SANDYS COMMUNICATIONS
Aug 20, 2015
$1,548.00
620063
7133 SC COMMUNICATIONS LLC
Aug 20, 2015
$1,049.95
620064
27361 SC FUELS
Aug 20, 2015
$10,521.03
S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 912115 CC AGENDA PACKET PAGE 55
8/20/2015
CITY OF BAKERSFIELD - CHECK REGISTER
PAGE 16
FROM 7/31/2015 TO 8/20/2015
Check
Vendor
Number
Number Vendor Name
Check Date
Check Amount
620065
21489 SCP DISTRIBUTORS LLC
Aug 20, 2015
$256.88
620066
7283 SEQUOIA PAINT COMPANY INC
Aug 20, 2015
$8.66
620067
11090 SHERWIN WILLIAMS COMPANY
Aug 20, 2015
$3,334.65
620068
7434 SMART & FINAL IRIS COMPANY
Aug 20, 2015
$258.00
620069
27667 SMITH CONSTRUCTION CO., INC
Aug 20, 2015
$8,998.77
620070
11566 SOIL CONTROL LAB INC
Aug 20, 2015
$484.00
620071
23456 SORENSON,VERNON MD INC
Aug 20, 2015
$10,312.92
620072
12560 SOUTHERN CALIFORNIA EDISON CO
Aug 20, 2015
$22,891.44
620073
11907 SPARKLETTS /SIERRA SPRINGS
Aug 20, 2015
$440.57
620074
26833 SPEAR SECURITY & MGMT CO INC
Aug 20, 2015
$6,048.00
620075
17986 SPRINT /NEXTEL COMMUNICATIONS
Aug 20, 2015
$2,635.05
620076
30011 STATE OF CALIFORNIA
Aug 20, 2015
$31.50
620077
21606 SUNRISE ENVIRONMENTAL SCIENTIFIC
Aug 20, 2015
$623.07
620078
28163 SWITZER, PHILIP
Aug 20, 2015
$189.00
620079
276 TAYLOR EQUIPMENT & REPAIR, INC
Aug 20, 2015
$7,016.27
620080
25338 TEN EIGHT TOW INC
Aug 20, 2015
$200.00
620081
851 TENNANT COMPANY
Aug 20, 2015
$532.34
620082
8102 THE TRAILER COMPANY INC
Aug 20, 2015
$474.55
620083
21464 TRI -TECH FORENSICS INC
Aug 20, 2015
$1,186.00
620084
28087 TRINITY CONSTRUCTION
Aug 20, 2015
$69,437.01
620085
13216 U S BANK TRUST NA
Aug 20, 2015
$7,425.00
620086
10428 UNITED REFRIGERATION INC
Aug 20, 2015
$98.72
620087
26780 UNIVERSAL BACKGROUND SCREENING INC
Aug 20, 2015
$80.15
620088
8391 URNERS APPLIANCE CENTER
Aug 20, 2015
$1,826.47
620089
26060 VANGUARD CLEANING SYSTEMS INC
Aug 20, 2015
$450.00
620090
20601 VERIZON WIRELESS
Aug 20, 2015
$17,923.57
620091
20601 VERIZON WIRELESS
Aug 20, 2015
$2,179.38
620092
20601 VERIZON WIRELESS
Aug 20, 2015
$297.60
620093
26447 WESTCOAST HYDRAULICS
Aug 20, 2015
$2,676.95
620094
23733 WHEELER, JAMES
Aug 20, 2015
$1,600.00
620095
21212 WHITE CAP CONSTRUCTION SUPPLY
Aug 20, 2015
$24.27
620096
26337 WHITE, WILLIAM
Aug 20, 2015
$63.00
620097
9015 WILLIAMS, DANIEL
Aug 20, 2015
$25.00
620098
18790 WINSTON WATER SERVICES
Aug 20, 2015
$770.00
620099
25542 WOLFE, RONALD
Aug 20, 2015
$25.00
620100
26909 YORK RISK SERVICES GROUP INC
Aug 20, 2015
$9,857.07
620101
25879 ZOOM IMAGING SOLUTIONS, INC.
Aug 20, 2015
$1,181.02
620104
78 ADVANCED DISTRIBUTION CO
Aug 20, 2015
$5,260.79
620105
10351 BOWMAN ASPHALT
Aug 20, 2015
$2,575,968.71
620108
23051 BRENNTAG PACIFIC
Aug 20, 2015
$8,714.05
620111
1696 CALIFORNIA WATER SERVICE
Aug 20, 2015
$44,994.28
620112
1944 CHICAGO TITLE COMPANY INC
Aug 20, 2015
$289,260.26
620113
22175 CLEAN CUT LANDSCAPE
Aug 20, 2015
$17,250.00
620114
2214 COUNTY OF KERN
Aug 20, 2015
$100.00
620115
2214 COUNTY OF KERN
Aug 20, 2015
$100.00
620116
12004 EMPLOYMENT DEVELOPMENT DEPARTMENT
Aug 20, 2015
$35,644.00
620117
2959 FIRST AMERICAN TITLE COMPANY
Aug 20, 2015
$140,286.92
620118
7509 GAS COMPANY
Aug 20, 2015
$57.26
620120
3488 GREENFIELD COUNTY WATER DIST
Aug 20, 2015
$1,214.10
620122
7933 HOME DEPOT
Aug 20, 2015
$1,433.50
620124
7933 HOME DEPOT
Aug 20, 2015
$1,229.59
620125
4573 KERN COUNTY WATER AGENCY
Aug 20, 2015
$42,000.00
S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 912115 CC AGENDA PACKET PAGE 5
8/20/2015
CITY OF BAKERSFIELD - CHECK REGISTER
PAGE 17
FROM 7/31/2015 TO 8/20/2015
Check
Vendor
Number
Number Vendor Name
Check Date
Check Amount
620130
4740 KERN TURF SUPPLY
Aug 20, 2015
$10,630.49
620132
15624 LOWE'S HOME IMPROVEMENT
Aug 20, 2015
$1,332.16
620134
15624 LOWE'S HOME IMPROVEMENT
Aug 20, 2015
$941.58
620136
15624 LOWE'S HOME IMPROVEMENT
Aug 20, 2015
$2,011.32
620137
13288 MICHAEL BURGER & ASSOCIATES
Aug 20, 2015
$1,800.00
620138
6114 PACIFIC GAS & ELECTRIC COMPANY
Aug 20, 2015
$1,063.85
620143
6376 PIONEER PAINT
Aug 20, 2015
$23,719.48
620144
28446 RANDY, DUSTIN
Aug 20, 2015
$2,000.00
620145
7096 SJVAPCD
Aug 20, 2015
$530.00
620146
15212 U.S. BEHAVIORAL HEALTH PLAN
Aug 20, 2015
$1,168.86
620147
30006 ANTHEM BLUE CROSS - CAL CARE
Aug 20, 2015
$133,913.71
620148
30004 ANTHEM BLUE CROSS OF CALIFORNIA
Aug 20, 2015
$374,834.24
620149
30021 KAISER PERMANENTE
Aug 20, 2015
$170,664.56
620150
30002 MEDICAL EYE SERVICE COMPANY
Aug 20, 2015
$5,867.87
620151
30026 METLIFE INC
Aug 20, 2015
$43,144.87
620152
26810 RELIASTAR LIFE INSURANCE CO
Aug 20, 2015
$3,053.75
620153
30027 U S BANK - PARS #6746022400
Aug 20, 2015
$8,370.54
620154
30003 UNITED HEALTH CARE
Aug 20, 2015
$13,268.64
620155
30020 UNUM
Aug 20, 2015
$5,540.83
9992973
30014 EMPLOYMENT DEVELOPMENT DEPT
Jul 31, 2015
$178,275.61
9992974
10217 1 C M A RETIREMENT TRUST - 303749
Jul 31, 2015
$57,820.90
9992975
30010 IRS
Jul 31, 2015
$588,065.35
9992976
30022 IRS / FDRF
Jul 31, 2015
$191.00
9992977
16863 NATIONWIDE RETIREMENT SOLUTIONS
Jul 31, 2015
$135,236.38
9992978
20699 VANTAGEPOINT TRANSFER AGENTS C/O
Ju131, 2015
$29,150.80
9992979
24934 BANK OF AMERICA
Aug 6, 2015
$7,952.90
9992980
27888 CALIFORNIA BANK & TRUST
Aug 6, 2015
$127,199.52
9992981
10206 STATE OF CALIF - PERS
Aug 6, 2015
$1,525,137.83
9992982
11811 WELLS FARGO BANK
Aug 6, 2015
$38,549.68
9992985
25603 BANK OF AMERICA
Aug 7, 2015
$594,351.05
9992986
24821 DEPARTMENT OF THE TREASURY
Aug 7, 2015
$1,547.53
9992987
16862 HEALTHCOMP INC
Aug 7, 2015
$3,286.98
9992988
1944 CHICAGO TITLE COMPANY INC
Aug 13, 2015
$1,008,231.84
9992989
1944 CHICAGO TITLE COMPANY INC
Aug 13, 2015
$1,455,457.10
9992990
30025 STATE DISBURSEMENT UNIT
Aug 13, 2015
$17,133.94
9992991
13709 U S BANK TRUST NA
Aug 13, 2015
$3,217,869.44
9992992
11811 WELLS FARGO BANK
Aug 13, 2015
$106,787.10
9992993
30014 EMPLOYMENT DEVELOPMENT DEPT
Aug 14, 2015
$195,377.31
9992994
10217 1 C M A RETIREMENT TRUST - 303749
Aug 14, 2015
$57,860.90
9992995
30010 IRS
Aug 14, 2015
$634,400.18
9992996
16863 NATIONWIDE RETIREMENT SOLUTIONS
Aug 14, 2015
$131,806.30
9992997
20699 VANTAGEPOINT TRANSFER AGENTS C/O
Aug 14, 2015
$28,605.96
9992998
27888 CALIFORNIA BANK & TRUST
Aug 20, 2015
$200,000.00
9992999
10206 STATE OF CALIF - PERS
Aug 20, 2015
$1,521,793.59
9993000
13709 U S BANK TRUST NA
Aug 20, 2015
$2,250.00
9993001
11811 WELLS FARGO BANK
Aug 20, 2015
$82,759.63
878 30,422,334.15
S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 912115 CC AGENDA PACKET PAGE 57
8/20/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE I
FROM 7/31/2015 TO 8/20/2015
E-Payable Vendor
Number Number
Vendor Name
E-Payable
Date E-Payable Amount
9576
16838 GI INTERNATIONAL TRUCK CTR. INC
Jul 31, 2015
$95.60
9577
18263 HUB CONSTRUCTION SPECIALTIES INC
Jul 31, 2015
$1,890.25
9578
4171 JERRY& KEITHS INC
Jul 31, 2015
$1,073.83
9579
1390 JIM BURKE FORD
Jul 31, 2015
$4,247.65
9580
23984 MECHANICAL DRIVES & BELTING INC
Jul 31, 2015
$742.34
9581
63 ACE HYDRAULIC SALES & SERVICE
Aug 6, 2015
$1,654.26
9582
26538 ARAMARK UNIFORM & CAREER APPAREL
Aug 6, 2015
$2,734.54
9583
436 ARGO CHEMICAL INC
Aug 6, 2015
$516.00
9584
576 B & B SURPLUS
Aug 6, 2015
$361.74
9585
575 B C LABORATORIES
Aug 6, 2015
$357.00
9586
611 B S & E COMPANY INC
Aug 6, 2015
$465.38
9587
1037 BERCHTOLD EQUIPMENT CO
Aug 6, 2015
$12.91
9588
1163 BLUEPRINT SERVICE CO
Aug 6, 2015
$275.42
9589
18753 BRIDGEPORT TRUCK MANUFACTURING
Aug 6, 2015
$111.94
9590
17239 CENTRAL VALLEY OCCUPATIONAL INC
Aug 6, 2015
$1,005.00
9591
29 CENTRAL VALLEY TRUCK CENTER
Aug 6, 2015
$3,900.85
9592
5147 COASTLINE EQUIPMENT
Aug 6, 2015
$486.43
9593
2162 CONSOLIDATED ELECTRICAL DIST INC
Aug 6, 2015
$2,407.55
9594
14055 FAST UNDERCAR LLC
Aug 6, 2015
$2,996.42
9595
2874 FERGUSON ENTERPRISES INC
Aug 6, 2015
$356.57
9596
16838 GI INTERNATIONAL TRUCK CTR. INC
Aug 6, 2015
$274.90
9597
21739 GOLDEN EMPIRE TOWING INC
Aug 6, 2015
$35.00
9598
3458 GREAT PACIFIC EQUIPMENT INC
Aug 6, 2015
$179.71
9599
3788 HILLCREST SHEET METAL INC
Aug 6, 2015
$534.00
9600
4171 JERRY& KEITHS INC
Aug 6, 2015
$2,308.58
9601
1390 JIM BURKE FORD
Aug 6, 2015
$1,019.33
9602
15694 JIMS TOWING INC
Aug 6, 2015
$1,005.00
9603
2267 L N CURTIS & SONS
Aug 6, 2015
$18,693.53
9604
599 MCCLURE EQUIPMENT INC
Aug 6, 2015
$273.03
9605
23984 MECHANICAL DRIVES & BELTING INC
Aug 6, 2015
$137.95
9606
453 MUNICIPAL MAINTENANCE EQUIP INC
Aug 6, 2015
$4,235.98
9607
1279 QUALITY HEAVY DUTY DIESEL ELEC
Aug 6, 2015
$358.52
9608
6555 QUINN COMPANY INC
Aug 6, 2015
$240.72
9609
21873 RM INDUSTRIES INC
Aug 6, 2015
$4,200.00
9610
698 SAN JOAQUIN INTERIORS
Aug 6, 2015
$980.00
9611
19584 SMITH & SON TIRE INC
Aug 6, 2015
$2,656.05
9612
14700 SOUTH COAST EMERGENCY VEHICLE SERV.
Aug 6, 2015
$1,771.28
9613
7670 STEWART ELECTRIC SUPPLY
Aug 6, 2015
$65.26
9614
7685 STINSON STATIONERS
Aug 6, 2015
$4,427.62
9615
7728 SULLY & SON HYDRAULICS INC
Aug 6, 2015
$4,246.48
9616
57 ABATE A WEED
Aug 13, 2015
$27.29
9617
63 ACE HYDRAULIC SALES & SERVICE
Aug 13, 2015
$30.65
9618
152 ALL AUTOMATIC TRANSMISSION SER
Aug 13, 2015
$1,750.00
9619
26538 ARAMARK UNIFORM & CAREER APPAREL
Aug 13, 2015
$6,425.87
9620
576 B & B SURPLUS
Aug 13, 2015
$557.13
9621
575 B C LABORATORIES
Aug 13, 2015
$3,782.00
9622
611 B S & E COMPANY INC
Aug 13, 2015
$2,442.08
9623
1037 BERCHTOLD EQUIPMENT CO
Aug 13, 2015
$21.29
9624
1163 BLUEPRINT SERVICE CO
Aug 13, 2015
$50.69
9625
1765 CARNEYS BUSINESS TECHNOLOGY CTR INC
Aug 13, 2015
$4,800.86
9626
20747 CENTRAL SANITARY SUPPLY INC
Aug 13, 2015
$362.26
9627
29 CENTRAL VALLEY TRUCK CENTER
Aug 13, 2015
$2,240.84
9628
21220 CLEAN ENERGY INC
Aug 13, 2015
$11,616.48
S:\Accounting\Dawn T\Admin - Council\2015\COUNCIL-ADMIN\ 912115 CC AGENDA PACKET PAGE 58
8/20/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2
FROM 7/31/2015 TO 8/20/2015
E-Payable Vendor
Number Number
Vendor Name
E-Payable
Date E-Payable Amount
9629
5147 COASTLINE EQUIPMENT
Aug 13, 2015
$1,993.31
9630
2162 CONSOLIDATED ELECTRICAL DIST INC
Aug 13, 2015
$37,493.84
9631
14582 DAVE BANG ASSOCIATES INC
Aug 13, 2015
$715.00
9632
13912 DIRECT SAFETY SOLUTIONS INC
Aug 13, 2015
$939.93
9633
2757 ELECTRIC MOTOR WORKS INC
Aug 13, 2015
$2,274.70
9634
22973 ENNIS PAINT, INCORPORATED
Aug 13, 2015
$39,258.96
9635
27459 EVOQUA WATER TECHNOLOGIES
Aug 13, 2015
$46,135.04
9636
14055 FAST UNDERCAR LLC
Aug 13, 2015
$2,676.66
9637
2874 FERGUSON ENTERPRISES INC
Aug 13, 2015
$1,271.19
9638
16838 GI INTERNATIONAL TRUCK CTR. INC
Aug 13, 2015
$244.72
9639
21739 GOLDEN EMPIRE TOWING INC
Aug 13, 2015
$365.00
9640
24247 DREGS PETROLEUM SERVICES INC
Aug 13, 2015
$1,327.51
9641
3570 HAAKER EQUIPMENT COMPANY
Aug 13, 2015
$410.97
9642
21871 HID SUPPLY WATERWORKS
Aug 13, 2015
$38.26
9643
18263 HUB CONSTRUCTION SPECIALTIES INC
Aug 13, 2015
$338.72
9644
4171 JERRY& KEITHS INC
Aug 13, 2015
$807.01
9645
1390 JIM BURKE FORD
Aug 13, 2015
$1,466.90
9646
15694 JIMS TOWING INC
Aug 13, 2015
$845.00
9647
453 MUNICIPAL MAINTENANCE EQUIP INC
Aug 13, 2015
$2,840.29
9648
6555 QUINN COMPANY INC
Aug 13, 2015
$3,422.65
9649
19584 SMITH & SON TIRE INC
Aug 13, 2015
$4,912.22
9650
7670 STEWART ELECTRIC SUPPLY
Aug 13, 2015
$2,526.06
9651
7685 STINSON STATIONERS
Aug 13, 2015
$9,500.84
9652
7728 SULLY & SON HYDRAULICS INC
Aug 13, 2015
$2,634.82
9653
15868 TEL TEC SECURITY SYSTEM INC
Aug 13, 2015
$265.00
9654
20446 PAPE MACHINERY INC
Aug 14, 2015
$1,804.86
9655
14700 SOUTH COAST EMERGENCY VEHICLE SERV.
Aug 14, 2015
$5,354.60
9656
25504 STATEWIDE TRAFFIC SAFETY & SIGNS
Aug 14, 2015
$1,638.12
9657
13646 UNITED ROTARY BRUSH CORP
Aug 14, 2015
$6,753.29
9658
9010 WILLIAMS CLEANING SYSTEMS INC
Aug 14, 2015
$202.91
9659
57 ABATE A WEED
Aug 20, 2015
$40.00
9660
63 ACE HYDRAULIC SALES & SERVICE
Aug 20, 2015
$143.49
9661
24819 AD WEAR & SPECIALTY OF TX
Aug 20, 2015
$3,090.00
9662
152 ALL AUTOMATIC TRANSMISSION SER
Aug 20, 2015
$270.88
9663
26538 ARAMARK UNIFORM & CAREER APPAREL
Aug 20, 2015
$2,035.34
9664
25854 AZCO SUPPLY, INC.
Aug 20, 2015
$13,213.90
9665
576 B & B SURPLUS
Aug 20, 2015
$3,108.92
9666
575 B C LABORATORIES
Aug 20, 2015
$542.00
9667
611 B S & E COMPANY INC
Aug 20, 2015
$1,966.57
9668
1163 BLUEPRINT SERVICE CO
Aug 20, 2015
$900.21
9669
1765 CARNEYS BUSINESS TECHNOLOGY CTR INC
Aug 20, 2015
$939.65
9670
20747 CENTRAL SANITARY SUPPLY INC
Aug 20, 2015
$2,168.79
9671
29 CENTRAL VALLEY TRUCK CENTER
Aug 20, 2015
$3,208.25
9672
5147 COASTLINE EQUIPMENT
Aug 20, 2015
$666.74
9673
13912 DIRECT SAFETY SOLUTIONS INC
Aug 20, 2015
$241.88
9674
14055 FAST UNDERCAR LLC
Aug 20, 2015
$2,329.92
9675
2874 FERGUSON ENTERPRISES INC
Aug 20, 2015
$2,340.62
9676
21315 GAME TIME / GREAT WESTERN CALIF
Aug 20, 2015
$150.56
9677
16838 GI INTERNATIONAL TRUCK CTR. INC
Aug 20, 2015
$56.80
9678
21739 GOLDEN EMPIRE TOWING INC
Aug 20, 2015
$325.00
9679
3458 GREAT PACIFIC EQUIPMENT INC
Aug 20, 2015
$15,873.15
9680
24247 DREGS PETROLEUM SERVICES INC
Aug 20, 2015
$3,570.82
9681
3570 HAAKER EQUIPMENT COMPANY
Aug 20, 2015
$815.25
S:\Accounting\Dawn T\Admin - Council\2015\COUNCIL-ADMIN\ 912115 CC AGENDA PACKET PAGE 59
8/20/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 3
FROM 7/31/2015 TO 8/20/2015
E-Payable Vendor
Number Number
120
Vendor Name
E-Payable
Date E-Payable Amount
9682
4171 JERRY& KEITHS INC
Aug 20, 2015
$4,146.96
9683
1390 JIM BURKE FORD
Aug 20, 2015
$1,057.51
9684
15694 JIMS TOWING INC
Aug 20, 2015
$620.00
9685
2267 L N CURTIS & SONS
Aug 20, 2015
$4,131.78
9686
23984 MECHANICAL DRIVES & BELTING INC
Aug 20, 2015
$1,164.05
9687
453 MUNICIPAL MAINTENANCE EQUIP INC
Aug 20, 2015
$465.13
9688
6550 QUAD KNOPF INC
Aug 20, 2015
$234.00
9689
21873 RM INDUSTRIES INC
Aug 20, 2015
$3,284.33
9690
12665 SAN JOAQUIN FENCE & SUPPLY
Aug 20, 2015
$3,009.90
9691
7670 STEWART ELECTRIC SUPPLY
Aug 20, 2015
$207.07
9692
7685 STINSON STATIONERS
Aug 20, 2015
$7,030.73
9693
7728 SULLY & SON HYDRAULICS INC
Aug 20, 2015
$439.72
9694
15868 TEL TEC SECURITY SYSTEM INC
Aug 20, 2015
$56.00
9695
13646 UNITED ROTARY BRUSH CORP
Aug 20, 2015
$198.88
Disbursement Total
$371,945.24
$30,794,279.39
S:\Accounting\Dawn T\Admin - Council\2015\COUNCIL-ADMIN\ 912115 CC AGENDA PACKET PAGE 60
enaif
MEETING DATE: 9/2/2015 Consent -Ordinances c.
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: 8/13/2015
1TI %1 N 13
SUBJECT: Adoption of the following Ordinances amending various sections of the
Municipal Code:
1. Amending Section 2.04.080 relating to City Council Consent
Calendar Agenda Items.
2. Amending Section 5.50.100 relating to Advertising on Taxicabs.
3. Amending Section 8.27.010 relating to Maintenance of property.
4. Adding Chapter 15.56 relating to Expedited Permitting
Procedures for Small Residential Rooftop Solar Systems.
5. Amending Section 16.32.060 relating to Tract Map
Improvements.
6. Amending Section 17.60.070 relating to Specialized Signs.
STAFF RECOMMENDATION:
Staff recommends adoption of the proposed ordinance amendments.
BACKGROUND:
Periodically, various Departments throughout the City request changes to the Bakersfield
Municipal Code which are minor in nature. Generally, the changes are being sought to make a
section read better or to reflect current practice or correct typographical errors, or to comply
with new rules and regulations. While a code clean -up was done a few months ago, a few
other minor changes to the Municipal Code have since been identified, and one change in
particular is required to be made by September 30, 2015, due to changes in State Law.
The following is a list of ordinance changes that are being recommended by Staff:
1. BMC Section 2.04.080. This amendment removes the provision that audio tapes of Council
meetings be preserved in perpetuity. The City Council approved retention schedule for the
City Clerk contains a generous retention period of 5 years.
2. BMC Section 5.50.100. This amendment clarifies that advertising in and on taxis must be
in accordance with Bakersfield Municipal Code section 17.60.090, which governs allowable
signs on all vehicles including taxicabs.
912115 CC AGENDA PACKET PAGE 61
3. BMC Chapter 8.27.010. This amendment clarifies Code Enforcement's authority to abate
the public nuisance of accumulation of junk, trash, or debris that is visible to the public. This
amendment is necessary to allow Code Enforcement to exercise their authority in areas that
are not necessarily adjacent to public streets. It also makes this section consistent with the rest
of the property maintenance chapter.
4. BMC Chapter 15.56. This amendment adds a Chapter to the Municipal Code in order to be
in compliance with Assembly Bill 2188, which requires the City to adopt an ordinance that
creates an expedited, streamlined permitting process for small residential rooftop solar energy
systems. The associated ordinance is intended to satisfy that requirement. The ordinance
codifies the requirements of AB 2188, such as accepting applications electronically, directing
the City's Building Official to develop a checklist of all requirements with which small rooftop
solar energy systems shall comply to be eligible for expedited review, and authorizing the
Building Official to administratively approve such applications
5. BMC Section 16.32.060. This amendment deletes reference to the Northeast Bakersfield
planned sewer area. The sewer improvements that were being funded by the Northeast
Bakersfield planned sewer area have been completed and fully paid for by collected
assessments. As such, there is no longer a need for this planned sewer area.
6. BMC Section 17.60.070. This amendment changes the allowable time for erecting political
election signs from sixty to ninety days before an election to be consistent with State law.
The amendments had first reading on August 12, 2015.
ATTACHMENTS:
Description
2.04.080 Consent Calendar Agenda Items
D 5.50.100 Advertising on Taxicabs
D 8.27.010 Maintenance of Property
D 15.56Expedited Permitting Procedures - Solar
16.32.060 Tract Map Improvements
17.60.070 Specialized Signs
Type
Oir6irnair ce
Oir6irnair ce
Oir6irnair ce
Oir6irnair ce
Oir6irnair ce
Oir6irnair ce
912115 CC A EN A PACKET PAGE 62
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 2.04.080 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO CITY
COUNCIL CONSENT CALENDAR AGENDA ITEMS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 2.04.080 of the Bakersfield Municipal Code is hereby amended to
read as follows:
2.04.080 Consent calendar.
A. The consent calendar is comprised of one or more items of routine
nature which may be approved at one time by affirmative roll call vote.
B. Any councilmember may remove any item or items from the
consent calendar to be voted upon separately from all other items on said
consent calendar.
C. Any councilmember may declare a conflict of interest, indicate the
cause of the conflict and request the city clerk to record their abstention from
the vote on any item or items on the consent calendar. That councilmember's
vote on the consent calendar shall be recorded only for those items for which
that councilmember did not declare a conflict and the city clerk shall record
the abstention of the remaining issues.
D. The minutes of the previous council meeting, which shall be action -
style minutes, may be approved as part of the consent calendar. Meetings shall
also be recorded on audio tape.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
- 00000-- - - - - --
-- Page 1 of 2 Pages --
9/2/15 CC AGENDA PACKET FACE 63
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES: COUNCILMEMBER:
NOES: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
By:
HARVEY L. HALL, Mayor
City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
RICHARD IGER
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
Rldsc
S: \COU NCI L \Ords\ 15- 16 \2.04.080ConsentCal end ar.docx
-- Page 2 of 2 Pages --
9/2/15 CC AGENDA PACKET FACE 6
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 5.50.100 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
ADVERTISING ON TAXICABS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 5.50.100 of the Bakersfield Municipal Code is hereby amended to
read as follows:
5.50. 100 Advertising on.
Advertising may be carried on the outside or inside of taxicabs in
accordance with Bakersfield Municipal Code section 17.60.090, provided only
that the advertising shall first be approved as to size and form by the city
manager.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
- 00000-- - - - - --
-- Page 1 of 2 Pages --
9/2/15 CC AGENDA PACKET FACE 65
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES: COUNCILMEMBER:
NOES: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
By:
HARVEY L. HALL, Mayor
City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
RICHARD IGER
Deputy City Attorney
Rldsc
S: \COUNCIL \Ords\ 15- 16 \5.50.100AdsO nTaxis.docx
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 Pages --
9/2/15 CC AGENDA PACKET FACE
ORDINANCE NO.
ORDINANCE AMENDING SECTION 8.27.010, OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
MAINTENANCE OF PROPERTY.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 8.27.010, of the Bakersfield Municipal Code is hereby amended to
read as follows:
8.27.010 Maintenance of property— Violation of specified standards.
It is unlawful and is declared a public nuisance for any person owning,
leasing, occupying or having charge or possession of any property in the city to
maintain such property in such manner that any of the following conditions exist
thereon, except as may be allowed by Title 17 of this code:
A. Any building or structure which has been partially destroyed for at
least six months to the extent of more than twenty -five percent of the value of
the building as it appears on the current tax assessor's roll, or left in an
unreasonable state of partial construction. For purposes of this chapter, "left in
an unreasonable state of partial construction" means left, after initiation of
construction, for a period of one year or more without completion of a phase
warranting an initial building inspection or without completion of a successive
phase warranting a subsequent building inspection under Title 15 of this code,
where the appearance or other conditions of said unfinished building or
structure substantially detracts from the appearance of the immediate
neighborhood.
B. Any doorway, window or other opening into a vacant structure not
closed and maintained by means or materials approved by the building
director.
C. Any broken window constituting a hazardous condition and
facilitating trespass or malicious mischief, or constituting a shelter for vagrants or
criminals or enabling persons to resort thereto for the purpose of committing
unlawful acts.
-- Page 1 of 3 Pages --
912115 CC AGENDA PACKET FACE 67
D. Overgrown, dead, decayed, diseased or hazardous trees, weeds
and other vegetation:
Likely to attract rats, vermin and other nuisances; or
2. Constituting a fire hazard; or
3. Dangerous to public safety and welfare.
E. Any building exterior, wall, fence, driveway, sidewalk, or walkway
which is maintained in such condition of deterioration or disrepair as to be
unsafe or which is so defaced as to substantially detract from the appearance
of the immediate neighborhood.
F. Any attractive nuisance, including abandoned, broken or
neglected machinery or equipment, any pool, pond or excavation dangerous
to children.
G. Construction equipment or machinery of any type or description
parked or stored on the owner's property where it is readily visible to the general
public, except during excavation, construction or demolition operations
covered by an active building permit for the subject or adjoining property,
except as may be allowed by Title 17 of this code.
H. Lumber (excluding stacked firewood for use on the property and
lumber for a project on the property initiated within ten days of delivery), junk,
trash, debris or salvage materials visible to the general public, except as may be
allowed by Title 17 of this code.
I. Abandoned or discarded furniture, stove, refrigerator, freezer, sink,
toilet, cabinet or other household fixture or equipment visible to the general
public, except as may be otherwise prohibited by Title 17 of this code.
J. Any motor vehicle, trailer, camper, boat or other mobile equipment
parked on any unpaved area in any front yard (as defined in Section 17.04.670
of this code) or on any side yard (as defined in Section 17.04.690 of this code)
adjacent to any street.
K. Any fill dirt containing pieces of concrete, asphalt, or rubbish or any
fill dirt brought to the property or excavated from the property and not wetted
and compacted in accordance with the requirements of Chapter 70 of the
Building Code and graded to within eighteen inches of the adjacent grade
within thirty days of delivery or excavation.
-- Page 2 of 3 Pages --
912115 CC AGENDA PACKET FACE 68
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES:
COUNCILMEMBER:
NOES:
COUNCILMEMBER:
ABSTAIN:
COUNCILMEMBER:
ABSENT:
COUNCILMEMBER:
By:
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
ANDREW HEGLUND
Deputy City Attorney
AH:vlg /Isc
S:\COUNC I L \Ords\ 15 -16 \8.27.01 O.Ma inte nanceofProperty.docx
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 3 of 3 Pages --
912115 CC AGENDA PACKET FACE 69
ORDINANCE NO.
AN ORDINANCE ADDING CHAPTER 15.56 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO EXPEDITED
PERMITTING PROCEDURES FOR SMALL RESIDENTIAL
ROOFTOP SOLAR SYSTEMS.
WHEREAS, subsection (a) of Section 65850.5 of the California Government
Code provides that it is the policy of the State to promote and encourage the
installation and use of solar energy systems by limiting obstacles to their use and
by minimizing the permitting costs of such systems; and
WHEREAS, subsection (g)(1) of Section 65850.5 of the California
Government Code provides that, on or before September 30, 2015, every city,
county, or city and county shall adopt an ordinance, consistent with the goals
and intent of subsection (a) of Section 65850.5, that creates an expedited,
streamlined permitting process for small residential rooftop solar energy systems.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Chapter 15.56 of the Bakersfield Municipal Code is hereby added to read
as follows:
Chapter 15.56 PERMITTING SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS
15.56.010 Purpose.
15.56.020 Definitions.
15.56.030 Small Residential Rooftop Solar System Requirements.
15.56.040 Electronic Access to Permit Information and Submittals.
15.56.050 Application Review.
15.56.060 Inspection.
15.56.010 Purpose.
A. The intent of this Chapter is to adopt an option for expedited,
streamlined solar permitting process that complies with the Solar Rights Act, as
amended by Assembly Bill 2188 (Chapter 521, Statutes 2014) to achieve timely
and cost - effective installations of small residential rooftop solar energy systems.
This Chapter will increase the deployment of residential solar distributed
generation, provide solar customers greater installation ease, improve the City's
and State's ability to reach its clean energy goals, and generate much needed
Page 1 of 5 Pages
912115 CC AGENDA PACKET PAGE 7
jobs in the City and State. The Chapter allows the City to achieve these goals
while protecting public health and safety.
15.56.020 Definitions.
Whenever used in this chapter, unless a different meaning clearly appears
from the context, the words set out in this section shall have the following
meanings:
A. "Electronic Submittal" means the utilization of one or more of the
following:
1. Email;
2. Internet;
3. Facsimile.
B. "Small Residential Rooftop Solar Energy System" means a solar
energy system which meets all of the following:
A solar energy system that is no larger than 10 kilowatts
alternating current nameplate rating or 30 kilowatts thermal.
2. A solar energy system that (1) conforms to all applicable state
fire, structural, electrical, and other building codes as
adopted or amended by the City; (2) all state and County
health and safety standards; and (3) all applicable safety
and performance standards established by the California
Electrical Code, the Institute of Electrical and Electronics
Engineers, and accredited testing laboratories such as
Underwriters Laboratories and, where applicable, rules of the
Public Utilities Commission regarding safety and reliability.
3. A solar energy system that is installed on a single or duplex
family dwelling.
4. A solar panel or module array that does not exceed the
maximum legal building height as defined by the City.
C. "Solar Energy System" has the same meaning set forth in
paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as
such section or subdivision may be amended, renumbered, or redesignated
from time to time.
Page 2 of 5 Pages
912115 CC AGENDA PACKET FACE 71
15.56.030 Small Residential Rooftop Solar System Requirements.
A. All small residential rooftop solar energy systems shall comply with
the applicable standards and requirements for solar energy systems as set forth
in the Bakersfield Municipal Code, California Solar Permitting Guidebook, and
City of Bakersfield website.
B. The small residential rooftop solar system permit process, standard
plan(s), and checklist(s), shall substantially conform to the recommendations for
expedited permitting, including the checklists and standard plans, contained in
the most current version of the California Solar Permitting Guidebook adopted
by the Governor's Office of Planning and Research.
15.56.040 Electronic Access to Permit Information and Submittals.
A. The Building Director shall make the checklist and all permitting
documentation required for a small residential rooftop solar energy system
available on the City of Bakersfield website.
B. An applicant may submit the application and related
documentation for a small residential rooftop solar energy system by electronic
submittal, as specified on the City website.
15.56.050 Application Review.
A. Upon confirmation that the application is complete, staff shall
review the application to ensure that the small residential rooftop solar energy
system meets local, state, and federal health and safety requirements. Upon
receipt of an incomplete application, the building official shall issue a written
correction notice detailing all deficiencies in the application and any additional
information required to be eligible for expedited permit issuance.
B. Staff shall issue a building permit or other non discretionary permit
within a reasonable time following receipt of a complete application that meets
the requirements of the approved checklist, standard plan, and this chapter.
C. Staff's approval of an application shall not be based or conditioned
on the approval of an association, as defined in California Civil Code section
4080.
15.56.060 Inspection.
A. One inspection shall be required and performed by staff for small
residential rooftop solar energy systems eligible for expedited review in a timely
Page 3 of 5 Pages
912115 CC AGENDA PACKET FACE 72
manner. Systems with Tile Roofs shall be inspected in one of the following
methods:
1. Solar installation employee shall be at the job site to meet the
building inspector to uncover roof tiles to expose roof flashings as
requested by the building inspector.
2. Inspection is done in two parts, first a roof flashing inspection and
then final inspection.
B. If a small residential rooftop solar energy system fails inspection, a
subsequent inspection is authorized but need not conform to the requirements
of this section.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
- 00000-- - - - - --
Page 4 of 5 Pages
912115 CC AGENDA PACKET FACE 73
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
, by the following vote:
AYES: COUNCILMEMBER:
NOES: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
By:
HARVEY L. HALL, Mayor
City of Bakersfield
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 AS TO CONTENT:
COMMUNITY DEVELOPMENT DEPARTMENT
DOUGLAS N. MC ISAAC
Community Development Director
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
RICHARD IGER
Deputy City Attorney
RI:dII /Isc
S: \COUNCIL \Ords\ 15 -16\ 15.56 Solar Systems.docx
Page 5 of 5 Pages
912115 CC AGENDA PACKET FACE 7
ORDINANCE NO.
ORDINANCE AMENDING SECTION 16.32.060, OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO TRACT MAP
IMPROVEMENTS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 16.32.060, of the Bakersfield Municipal Code is hereby amended
to read as follows:
16.32.060 Tract map improvements —In subdivisions for which final tract map is
required.
E. Sewer Facilities— Payment of Fees Required. Prior to approval of any
development entitlement including, but not limited to, any general plan land
use designation amendment, rezoning, the filing of any final map or parcel
map, the granting of a conditional use permit, or after the cancellation of a
Williamson Act contract within an assessment district, the subdivider /property
owner shall pay or cause to be paid any fees for defraying the actual or
estimated costs of constructing planned sanitary sewer facilities for local sanitary
sewer areas pursuant to sanitary sewer plans adopted by the council, or
connection to sanitary sewer facilities therefor in accordance with Article 5 of
Chapter 4 of Division 2 of Title 7 of the California Government Code Section
66483 et seq.
In cases where a subdivider /property owner pays greater than its
proportionate cost of sewer construction, reimbursement may occur through a
reimbursement agreement or, where an assessment district has been formed,
credit against assessments previously paid.
The following sanitary sewer areas presently exist:
1. Pierce Road -Oak Street planned sanitary sewer area;
2. Allen Road planned sewer area;
3. Brimhall Road planned sewer area;
4. Mohawk planned sewer area;
5. McDonald planned sewer area (existing residential infill sewer area);
6. McAllister Ranch planned sewer area;
7. Verdugo Lane planned sewer area;
8. Allen Road II planned sewer area;
9. Panama and Union planned sewer area;
10. Curnow planned sewer area;
-- Page 1 of 2 Pages --
912115 CC AGENDA PACKET FACE 75
1 1. Hooper Avenue and Kimberly Avenue planned sewer area.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES:
COUNCILMEMBER:
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
By:
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
ANDREW HEGLUND
Deputy City Attorney
AH:vlg /Isc
S: \COUNCIL \Ords \15-16\1 6.32.060.TractMapImprovements.docx
-- Page 2 of 2 Pages --
912115 CC AGENDA PACKET FACE 76
ORDINANCE NO.
ORDINANCE AMENDING SECTION 17.60.070, OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
SPECIALIZED SIGNS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 17.060.070, of the Bakersfield Municipal Code is hereby amended
to read as follows:
17.60.070 Specialized signs.
C. Political Election Signs. Political election signs are permitted to be
placed on private property in the city in addition to that permitted by the zone
district in which they are located subject to the following regulations:
1. Signs shall not be erected sooner than ninety days before the
election and shall be removed within ten days following the election. The owner
of the property on which the sign is placed shall be responsible for removal.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
-- Page 1 of 2 Pages --
912115 CC AGENDA PACKET FACE 77
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES:
COUNCILMEMBER:
NOES:
COUNCILMEMBER:
ABSTAIN:
COUNCILMEMBER:
ABSENT:
COUNCILMEMBER:
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
RICHARD IGER
Deputy City Attorney
Rl:vlg /Isc
S: \COUNCIL \Ords\ 15-16\1 7.60.070.SpecializedSigns.docx
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 Pages --
912115 CC AGENDA PACKET FACE 78
enaif
MEETING DATE: 9/2/2015 Consent -Resolutions d.
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: 7/31/2015
1TI %1 N 13
SUBJECT: Approval of Two (2) Property Assessed Clean Energy (PACE)
Programs In the City of Bakersfield:
California Home Finance Authority PACE Program - Ygrene
1. Resolution Consenting to the Inclusion of Properties, Within the
City's Jurisdiction, in the California Home Finance Authority
Community Facilities District NO. 2014 -1 (Clean Energy) to
Finance Renewable Energy Improvements, Energy Efficiency
and Water Conservation Improvements and Electric Vehicle
Charging Infrastructure and Approving Associate Membership in
the Joint Exercise of Powers Authority Related Thereto (SB
555).
2. Resolution Consenting to the Inclusion of Properties, Within the
City's Jurisdiction, in the California Home Finance Authority
Program to Finance Renewable Energy Generation, Energy and
Water Efficiency Improvements and Electric Vehicle Charging
Infrastructure and Approving Associate Membership in the Joint
Exercise of Powers Authority Related Thereto (AB 811).
3. Indemnification and Insurance Agreement.
California Municipal Finance Authority PACE Program - Energy
Efficient Equity ( "E3") and PACE Funding
1. Resolution Consenting to the Inclusion of Properties, Within the
City's Jurisdiction, in the CMFA PACE Program; Authorizing
CMFA to Accept Applications from Property Owners, Conduct
Contractual Assessment Proceedings and Levy Contractual
Assessments Within the Territory of the City.
2. Indemnification Agreement.
STAFF RECOMMENDATION:
Staff recommends approval of resolutions and agreements.
912115 CC AGENDA PACKET PAGE 79
BACKGROUND:
In 2008, the State of California approved legislation that enabled cities and counties to create
Property Assessed Clean Energy (PACE) Programs to provide a mechanism for property
owners to fund energy efficiency, water efficiency and other renewable energy projects,
utilizing their property as collateral. The legislation authorized the creation of assessment
districts, whereby commercial and residential property owners could finance the upfront capital
costs of these projects and repay the amount financed through a contractual assessment on
their property. In most cases, the contractual assessments are recorded as a lien against the
subject property, entered in the County roll and collected through the property owner's property
tax bill at the same time and in the same manner as traditional property assessments. The
concept is that the assessments that repay the efficiency project loan amount, plus any
applicable interest, run with the property until the repayment term expires.
In response to this movement, some cities and counties began to set up, administer and fund
local PACE programs. At the same time, several statewide PACE programs were being
developed to provide cities and counties a turnkey PACE option that did not place
administrative of financial liability burdens on the cities that participated in them.
In 2010, the City of Bakersfield and the County of Kern joined a large number of other cities
and counties throughout California in approving participation in the CaliforniaFIRST PACE
program. This program is sponsored by California Statewide Communities Development
Authority (California Communities), a Joint Powers Authority established by the League of
California Cities and the California Association of Counties. Again, this was done in an effort
to provide City residents and businesses with the opportunity to access a statewide PACE
financing program.
Since that time, the City has expanded the number of PACE program options available to City
residents and businesses. With the growth and utilization of PACE programs, additional PACE
programs have been established in a similar fashion as CaliforniaFIRST, that is they are
statewide programs that provide PACE financing totally independent of the City. All that is
needed for City residents to access these programs is the approval of the programs to operate
in the City of Bakersfield, which is done through a resolution. Below are the current PACE
program providers, and the Joint Powers Authorities that have established them, which have
been authorized to operate in the City of Bakersfield:
2010 - CaliforniaFIRST - sponsored by California Statewide Communities Development
Authority
2013 - Figtree - sponsored by California Enterprise Development Authority
2014 - HERO PACE Program - sponsored by Western Riverside Council of Governments
The action before the Council under this item is to further expand the PACE program providers
operating in the City of Bakersfield to include the following programs:
Ygrene Works for California PACE Program: the Ygrene PACE program is sponsored by
the California Home Finance Authority (CHFA in the process of formally changing its name to
Golden State Finance Authority), a Joint Powers Authority established in 1993. CHFA has
established two PACE financing programs for residential, commercial, industrial and
agricultural properties, under the legislative authority of two separate California PACE laws, to
address high up -front costs for property owners who wish to improve their properties through
installation of measures that will generate renewable energy or reduced energy and water
use.
912115 CC A EN A PACKET PAGE
SB 555 PACE Community Facilities District: SB 555 amended the Mello -Roos Community
Facilities Act to allow for the creation of Community Facilities Districts for the purpose of
financing or refinancing the acquisition, installation, and improvement of energy efficiency,
water conservation, renewable energy and electric vehicle charging infrastructure
improvements permanently affixed to private or publicly -owned real property.
AB 811 PACE Contractual Assessment Program: Similar to most other PACE programs, the
passage of AB 811 authorized cities and counties to establish voluntary contractual
assessment programs for the purpose of financing private property improvements that promote
renewable energy generation, energy and water efficiency and electric vehicle charging
infrastructure.
The two resolutions before the Council authorize the Ygrene PACE program to operate in the
City of Bakersfield under each form discussed above. In addition, each resolution approves
the City's associate membership in the CHFA Joint Powers Authority. The City's associate
membership in CHFA does not subject the City to any potential liability or responsibility related
to CHFA. In addition, the third item included for action by Council is an Indemnification and
Insurance Agreement with Ygrene designed to provide further protection for the City. These
protections are consistent with the provisions of approval for the City's existing PACE
programs.
Energy Efficient Equity (E3) and PACE Funding Program: the E3 PACE program is
sponsored by the California Municipal Finance Authority (CMFA), a Joint Powers Authority
formed in 2004. The City of Bakersfield is a current member of CMFA so the resolution
approving the CMFA PACE program in the City of Bakersfield does not require joining CMFA
as an associate member. Instead, all that is necessary is approval of a resolution allowing the
E3 PACE program to be offered in the City. Staff is also bringing forward an Indemnification
Agreement consistent with the City's approval process for other PACE programs. The CMFA
PACE program operates under the authority provided in AB 811, therefore, only one resolution
is necessary.
Conclusion: the approval of the resolutions and agreements included in this item will expand
the current number of authorized PACE programs in the City of Bakersfield from three (3) to a
total of five (5). While these programs are structured in very similar ways, each has some
unique aspects which they promote to differentiate themselves, such as differing interest rates
and /or terms. Staff views the addition of these PACE programs as providing additional
consumer choice for residents of Bakersfield who may choose to utilize PACE financing
opportunities.
ATTACHMENTS:
Description
In Resolution for Ygrene SB 555 PACE
Resolution for Ygrene AB 811 PACE
Exhibit A to Ygrene Resolutions
Ygrene Indemnification and Insurance Agreement
Resolution for CMFA/ E3 PACE
CMFA/E3 Indemnification Agreement
Type
1=� eso Iklfi Olrl
1=� eso Iklfi Olrl
Exlh li Ike lit
Agreement
1=� eso Iklfi Olrl
Agreement
912115 CC AGENDA PACKET PAGE 81
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD
CONSENTING TO INCLUSION OF PROPERTIES WITHIN CITY'S
JURISDICTION IN THE CALIFORNIA HOME FINANCE AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 2014 -1 (CLEAN ENERGY) TO
FINANCE RENEWABLE ENERGY IMPROVEMENTS, ENERGY EFFICIENCY
AND WATER CONSERVATION IMPROVEMENTS AND ELECTRIC VEHICLE
CHARGING INFRASTRUCTURE AND APPROVING ASSOCIATE
MEMBERSHIP IN THE JOINT EXERCISE OF POWERS AUTHORITY RELATED
THERETO.
WHEREAS, the California Home Finance Authority, a California joint powers
authority, (the "Authority ") has established the Community Facilities District No.
2014 -1 (Clean Energy) in accordance with the Mello -Roos Community Facilities
Act, set forth in sections 53311 through 53368.3 of the California Government
Code (the "Act ") and particularly in accordance with sections 53313.5(1) and
53328.1 (a) (the "District "); and
WHEREAS, the purpose of the District is to finance or refinance (including
the payment of interest) the acquisition, installation, and improvement of energy
efficiency, water conservation, renewable energy and electric vehicle charging
infrastructure improvements permanently affixed to private or publicly -owned
real property (the "Authorized Improvements "); and
WHEREAS, the Authority is in the process of amending the Authority Joint
Powers Agreement (the "Authority JPA ") to formally change its name to the
Golden State Finance Authority; and
WHEREAS, the City of Bakersfield ( "City ") is committed to development of
renewable energy generation and energy efficiency improvements, reduction
of greenhouse gases, and protection of the environment; and
WHEREAS, in the Act, the Legislature has authorized a parcel within the
territory of the District to annex to the District and be subject to the special tax
levy of the District only (i) if the city or county within which the parcel is located
has consented, by the adoption of a resolution by the applicable city council or
county board of supervisors, to the inclusion of parcels within its boundaries in
the District and (ii) with the unanimous written approval of the owner or owners
of the parcel when it is annexed (the "Unanimous Approval Agreement "),
which, as provided in section 53329.6 of the Act, shall constitute the election
required by the California Constitution; and
S: \COUNCIL \Resos \15 -16 \Non- Member City_CHF Reso CFD - PACED-
-- Page 1 of 4 Pages -
9/2/15 CC AGENDA PACKET PAGE 82
WHEREAS, City wishes to provide innovative solutions to its property owners
to achieve energy efficiency and water conservation and in doing so
cooperate with Authority in order to efficiently and economically assist property
owners within City in financing such Authorized Improvements; and
WHEREAS, the Authority has established the District, as permitted by the
Act, and the Authority JPA, a copy of which is attached as Exhibit "A" hereto,
originally made and entered into July 1, 1993, as amended to date, and City,
desires to become an Associate Member of the JPA to participate in the
programs of the JPA and, to assist property owners within the incorporated area
of the City in financing the cost of installing Authorized Improvements; and
WHEREAS, the City will not be responsible for the conduct of any special
tax proceedings; the levy and collection of special taxes or any required
remedial action in the case of delinquencies in the payment of any special
taxes in connection with the District.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield as follows:
1. The above recitals are true and correct.
2. This City Council finds and declares that properties in the City's
incorporated area will be benefited by the availability of the Authority CFD No.
2014 -1 (Clean Energy) to finance the installation of the Authorized Improvements.
3. This City Council consents to inclusion in the Authority CFD No. 2014 -1
(Clean Energy) of all of the properties in the incorporated area within the City and
to the Authorized Improvements, upon the request of and execution of the
Unanimous Approval Agreement by the owners of such properties when such
properties are annexed, in compliance with the laws, rules and regulations
applicable to such program; and to the assumption of jurisdiction thereover by
Authority for the purposes thereof.
4. The consent of this City Council constitutes assent to the assumption
of jurisdiction by Authority for all purposes of the Authority CFD No. 2014 -1 (Clean
Energy) and authorizes Authority, upon satisfaction of the conditions imposed in
this resolution, to take each and every step required for or suitable for financing
the Authorized Improvements.
5. The City Council hereby finds that adoption of this Resolution is not a
"project" under the California Environmental Quality Act, because the Resolution
does not involve any commitment to a specific project which may result in a
potentially significant physical impact on the environment, as contemplated by
Title 14, California Code of Regulations, Section 15378(b) (4)).
S: \COUNCIL \Resos \15 -16 \Non- Member City_CHF Reso CFD - PACED-
-- Page 2 of 4 Pages -
9/2/15 CC AGENDA PACKET FACE 83
6. This City Council hereby approves joining the JPA as an Associate
Member and authorizes the execution by appropriate City officials of any
necessary documents to effectuate such membership.
7. City staff is authorized and directed to coordinate with Authority staff
to facilitate operation of the Authority CFD No. 2014 -1 (Clean Energy) within the
City.
8. The City Clerk is directed to send a certified copy of this resolution to
the Secretary of the Authority.
- -- 000---- - - - - --
HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
, by the following vote:
YES:
NOES:
ABSTAI N
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
By
ANDREW HEGLUND
Deputy City Attorney
AH:dII
Attachment
S: \COUNCIL \Resos \15 -16 \Non- Member City_CHF Reso CFD - PACED-
ROBERTA GAFFORD, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
-- Page 3 of 4 Pages -
9/2/15 CC AGENDA PACKET FACE
S: \COUNCIL \Resos \15 -16 \Non- Member City_CHF Reso CFD - PACE.Docx
Exhibit A
JPA Agreement
[to be inserted]
-- Page 4 of 4 Pages -
912115 CC A EN A PACKET PAGE 85
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD
CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE CITY'S
JURISDICTION IN THE CALIFORNIA HOME FINANCE AUTHORITY
PROGRAM TO FINANCE RENEWABLE ENERGY GENERATION,
ENERGY AND WATER EFFICIENCY IMPROVEMENTS AND ELECTRIC
VEHICLE CHARGING INFRASTRUCTURE AND APPROVING
ASSOCIATE MEMBERSHIP IN THE JOINT EXERCISE OF POWERS
AUTHORITY RELATED THERETO.
WHEREAS, the California Home Finance Authority ( "Authority ") is a joint
exercise of powers authority established pursuant to Chapter 5 of Division 7, Title
1 of the Government Code of the State of California (Section 6500 and
following) (the "Act ") and the Joint Power Agreement entered into on July 1,
1993, as amended from time to time (the "Authority JPA "); and
WHEREAS, the Authority is in the process of amending the Authority JPA to
formally change its name to the Golden State Finance Authority; and
WHEREAS, Authority has established a property- assessed clean energy
( "PACE ") Program (the "Authority PACE Program ") to provide for the financing
of renewable energy generation, energy and water efficiency improvements
and electric vehicle charging infrastructure (the "Improvements ") pursuant to
Chapter 29 of the Improvement Bond Act of 1911, being Division 7 of the
California Streets and Highways Code ( "Chapter 29 ") within counties and cities
throughout the State of California that elect to participate in such program; and
WHEREAS, City of Bakersfield ( "City ") is committed to development of
renewable energy generation and energy and water efficiency improvements,
reduction of greenhouse gases, and protection of the environment; and
WHEREAS, in Chapter 29, the Legislature has authorized cities and counties
to assist property owners in financing the cost of installing Improvements through
a voluntary contractual assessment program; and
WHEREAS, installation of such Improvements by property owners within the
jurisdictional boundaries of the counties and cities that are participating in the
Authority PACE Program would promote the purposes cited above; and
WHEREAS, City wishes to provide innovative solutions to its property owners
to achieve energy and water efficiency, and, in doing so, cooperate with
Authority in order to efficiently and economically assist property owners within
City in financing such Improvements; and
S:\ COUNCIL \R...s \15 -Ib \NO M.mb., PACE 811 V2- 2S15.DO
-- Page 1 of 4 Pages -
9/2/15 CC AGENDA PACKET PAGE 86
WHEREAS, Authority has established the Authority PACE Program, which is
such a voluntary contractual assessment program, as permitted by the Act and
the Authority JPA, a copy of which is attached as Exhibit "A" hereto, originally
made and entered into July 1, 1993, as amended to date, and City, desires to
become an Associate Member of the JPA to participate in the programs of the
JPA and to assist property owners within the jurisdiction of the City in financing
the cost of installing Improvements; and
WHEREAS, City will not be responsible for the conduct of any assessment
proceedings; the levy and collection of assessments or any required remedial
action in the case of delinquencies in the payment of any assessments or the
issuance, sale or administration of any bonds issued in connection with the
Authority PACE Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield as follows:
1. The above recitals are true and correct.
2. This City Council finds and declares that properties in City's
incorporated area will be benefited by the availability of the Authority PACE
Program to finance the installation of the Improvements.
3. This City Council consents to inclusion in the Authority PACE Program
of all of the properties in the jurisdictional boundaries of City and to the
Improvements, upon the request by and voluntary agreement of owners of such
properties, in compliance with the laws, rules and regulations applicable to such
program; and to the assumption of jurisdiction thereover by Authority for the
purposes thereof.
4. The consent of this City Council constitutes assent to the assumption
of jurisdiction by Authority for all purposes of the Authority PACE Program and
authorizes Authority, upon satisfaction of the conditions imposed in this
resolution, to take each and every step required for or suitable for financing the
Improvements, including the levying, collecting and enforcement of the
contractual assessments to finance the Improvements and the issuance and
enforcement of bonds to represent such contractual assessments.
5. This City Council hereby approves joining the JPA as an Associate
Member and authorizes the execution by appropriate City officials of any
necessary documents to effectuate such membership.
6. The City Council hereby finds that adoption of this Resolution is not
a "project" under the California Environmental Quality Act, because the
Resolution does not involve any commitment to a specific project which may
S:\ COUNCIL \R...s \15 -Ib \Non - Member PACE 811 V2- 2S15.D-
-- Page 2 of 4 Pages -
9/2/15 CC AGENDA PACKET FACE 87
result in a potentially significant physical impact on the environment, as
contemplated by Title 14, California Code of Regulations, Section 15378(b) (4)).
7. City staff is authorized and directed to coordinate with Authority
staff to facilitate operation of the Authority PACE Program within the City.
8. The City Clerk is directed to send a certified copy of this resolution
to the Secretary of the Authority.
- -- 000---- - - - - --
HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
, by the following vote:
YES:
NOES:
ABSTAI N
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
ANDREW HEGLUND
Deputy City Attorney
AH:dll
Attachment
S:\ COUNCIL \R...s \15 -Ib \Non - Member PACE 811 V2- 2S15.D-
ROBERTA GAFFORD, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
-- Page 3 of 4 Pages -
9/2/15 CC AGENDA PACKET FACE 88
JPA Agreement
S:\ COUNCIL \R...s \15 -Ib \Non - Member PACE 811 V2- 2S15.D.-
[to be inserted]
-- Page 1 of 4 Pages -
912115 CC A EN A PACKET PAGE 89
CALIFORNIA HOME FINANCE .AUTHORITY
AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT
(Original date July 1, 1993 and as last amended and restated December 10, 2014)
THIS AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT
("Agreement") is entered into by and among the counties listed on Attachment 1 hereof and
incorporated herein by reference. All such counties are referred to herein as "Members" with the
respective powers, privileges and restrictions provided herein.
A. WHEREAS, the California Rural Home Mortgage Finance Authority ("CRHMFA") was
created by a joint Exercise of Powers Agreement dated July 1, 1993 pursuant to the Joint Exercise
of Powers Act ( commencing with Article I of Chapter 5 of Division 7 of Tide I of the
Government Code of the State of California (the "Act"). By Resolution 2003-02, adopted on
January 15, 2003, the name of the authority was changed to CRHMFA Homebuyers Fund. The
most recent amendment to the joint Exercise of Powers Agreement was on January 28, 2004.
B. WHEREAS, the Members of CRHNTFA Homebuyers Fund desire to update, reaffirm,
clarify and revise certain provisions of the joint powers agreement, including the renaming of the
joint powers authority, as set forth herein.
C. WHEREAS, the Members are each empowered by law to finance the construction,
acquisition, improvement and rehabilitation of real property.
D. WHEREAS, by this Agreement, the Members desire to create and establish a joint powers
authority to exercise their respective powers for the purpose of financing the construction,
acquisition, improvement and rehabilitation of real property within the jurisdiction of the Authority
as authorized by the Act.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Members
individually and collectively agree as follows:
1. Definitions
Unless the context otherwise requires, the following terms shall for purposes of this
Agreement have the meanings specified below:
"Ace means the joint Exercise of Powers Act, commencing with Article 1, of Chapter 5 of
Division 7 of Title 1 of the Government Code of the State of California, including the Marks-Roos
Local Bond Pooling Act of 1985, as amended.
"Agreement" means this Joint Exercise of Powers Agreement, as the same now exists or as it
82671.00000\19083277.2
- I -
912115 CC AGENDA PACKET PAGE 90
may from time to time be amended as provided herein.
"Associate Member" means a county, city or other public agency which is not a voting
member of the Rural County Representatives of California, a California nonprofit corporation
("RCRC"), with legal power and authority similar to that of the Members, admitted pursuant to
paragraph 4.d. below to associate membership herein by vote of the Board.
"Audit Committee" means a committee made up of the nine-member Executive
Committee.
"Authority" means California Home Finance Authority ("CHF"), formerly knomi as
CRHMFA Homebuyers Fund or California Rural Home Mortgage Finance Authority.
"Board" means the governing board of the Authority as described in Section 7 below.
"Bonds" means bonds, notes, warrants, leases, certificates of participation, installment
purchase agreements, loan agreements and other securities or obligations issued by the Authority,
or financing agreements entered into by the Authority pursuant to the Act and any other obligation
within the meaning of the term "Bonds" under the Act.
"Delegate" means the Super-visor designated by the governing board of each Nlember to
serve on the Board of the Authority.
"Executive Committee" means the nine - member Executive Committee of the Board
established pursuant to Section 10 hereof.
"Member" means any county which is a member of RCRC, liar executed this Agreement
and has become a member of the Authority,
"Obligations" means bonds, notes, warrants, leases, certificates ol'participation, installment
purchase agreements, loan agreements and other securities or obligations issued by the Authority,
or financing agreements entered into by the Authority pursuant to the Act and any other financial
or legal obligation of the Authority under the Act.
"Program" or "Project" means any work, improvement, program, project. or ser%ice
undertaken by the Authority.
"Rural County Representatives of California" or "RCRC" means the nonprofit entity
incorporated under that name in the State of California.
"Supervisor" means an elected County Supervisor from an RCRC member county,
2. Purpose
The purpose of the Authority is to provide financing for the acquisition, construction, ,
8267 1 . 00000k9083277.2
M
912115 CC AGENDA PACKET PAGE 91
improvement and rehabilitation of real property in accordance with applicable provisions of law
for the benefit of residents and communities. In pursuit of this purpose, this Agreement provides
for the joint exercise of powers common to any of its Members and Associate Members as
provided herein, or otherwise authorized by the Act and other applicable laws, including assisting
in financing as authorized herein, jointly exercised in the manner set. forth herein.
3. Principal Place of Business
The principal office of the Authority shall be 1215 K Street, Suite 1650, Sacramento,
California 95814.
4. Creation of Authority-, Addition of Members or Associate Members
a. The Authority is hereby created pursuant to the Act. As provided in the Act, the
Authority shall be a public entity separate and distinct from the Members or Associate Members.
b. The Authority will cause a notice of this Agreement or any amendment hereto to
be prepared and filed with the office of the Secretary of State of California in a timely fashion in
the manner set forth in Section 6503.3 of the Act,
C. A county that is a member of RCRC may petition to become a member of the
Authority by submitting to die Board a resolution or evidence of other formal action taken by its
governing body adopting this Agreement. The Board shall review the petition for membership
and shall vote to approve or disapprove the petition. If the petition is approved by a majority of
the Board, such county shall immediately become a Member of the Authority.
d. An Associate Member may be added to the Authority upon the affirmative
approval of its respective governing board and pursuant to action by the Authority Board 'upon
such terms and conditions, and with such rights, privileges and responsibilities, as may be
established from time to time by the Board. Such terms and conditions, and rights, privileges and
responsibilities may vary among the Associate Members. Associate Members shall be entitled to
participate in one or more programs of the Authority as determined by the Board, but shall not be
voting members of the Board. The Executive Director of the Authority shall enforce the terms
and conditions for prospective Associate Members to the Authority as provided by resolution of
the Board and as amended from time to time by the Board. Changes in the terms and conditions
for Associate Membership by the Board will not constitute an amendment of this Agreement.
5. Term and Termination of Powers
This Agreement shall become effective from the date hereof until the earlier of the time
when all Bonds and any interest thereon shall have been paid in fun, or provision for such
payment shall have been made, or when the Authority shall no longer oim or hold any interest in a
public capital improvement or program. The Authority shall continue to exercise the powers
herein conferred upon it until tennination of this Agreement, except that if any Bonds are issued
and delivered, in no event shall the exercise of the powers herein granted be terminated until all
82671.00000\9083277.2
-3-
912115 CC AGENDA PACKET PAGE 92
Bonds so issued and delivered and the interest thereon shall have been paid or provision for such
payment shall have been made and any other debt incurred with respect to any other financing
program established or administered by the Authority has been repaid in full and is no longer
outstanding.
6. Powers; Restriction upon Exercise
a. To effectuate its purpose, the Authority shall have the power to exercise any and all
poi,,,ers of the Members or of a joint powers authority under the Act and other applicable
provisions of law, subject, however, to the conditions and restrictions herein contained. Each
Member or Associate Member may also separately exercise any and all such powers. The powers
of the Authority are limited to those of a general law county.
b. The Authority may adopt, from time to time, such resolutions, guidelines, rules and
regulations for the conduct of its meetings and the actiNities of the Authority as it deems necessary
or desirable to accomplish its purpose,
C. The Authority shall have the power to finance the construction, acquisition,
improvement and rehabilitation of real property, including the power to purchase, with die
amounts received or to be received by it pursuant to a bond purchase agreement, bonds issued by
any of its Members or Associate Members and other local agencies at public or negotiated sale, for
the purpose set forth herein and in accordance with the Act. All or any part of such bonds so
purchased may be held by the Authority or resold to public or private purchasers at public or
negotiated sale. The Authority shall set any other terms and conditions of any purchase or sale
contemplated herein as it deems necessary or convenient and in furtherance of the Act. The
Authority may issue or cause to be issued Bonds or other indebtedness, and pledge any of its
property or revenues as security to the extent. permitted by resolution of the Board under any
applicable provision of law. The Authority may issue Bonds in accordance with the Act in order
to raise funds necessary to effectuate its purpose hereunder and may enter into agreements to
secure such Bonds. The Authority may issue other forms of indebtedness authorized by the Act,
and to secure such debt, to further such purpose. The Authority may utilize other forms of capital,
including, but not. limited to, the Authority's internal resources, capital markets and other forms of
private capital investment authorized by the Act..
d. The Authority is hereby authorized to do all acts necessary for the exercise of its
powers, including, but not. limited to:
(1) executing contracts,
(2) employing agents, consultants and employees,
(3) acquiring, constructing or providing for maintenance and operation of any
budding, work or improvement,
(4) acquiring, holding or disposing of real or personal property wherever
located, including property subject to mortgage,
(5) incurring debts, liabilities or obligations,
(6) receiving gifts, contributions and donations of property, funds, services and
8267 1.000009088277.2
912115 CC AGENDA PACKET PAGE 93
any other forms of assistance from persons, firths, corporations or
governmental entities,
(7) suing and being sued in its own name, and litigating or settling any suits or
claims,
(8) doing any and all things necessary or convenient to the exercise of its
specific powers mid to accomplishing its purpose
(9) establishing and/or administering districts to finance and refinance the
acquisition, installation and improvement of energy efficiency, water
conservation and renewable energy improvenients, to or on real property
and in buildings. The Authority may enter into one or more agreements,
including without limitation, participation agreements and implementation
agreements to implement such programs.
e. Subject to the applicable provisions of any indenture or resolution providing for the
investment of monies held thereunder, the Authority shall have the power to invest any of its funds
as the Board deems advisable, in the same manner and upon the same conditions as local agencies
pursuant. to Section 53601 of the Government Code of the State of California.
f. All property, equipment, supplies, funds and records of the Authority shall be
owned by the Authority, except as may be provided otherwise herein or by resolution of the
Board.
9. Pursuant to the provisions of Section 6508.1 of the Act, the debts, liabilities and
obligations of the Authority shall not be debts, liabilities and obligations of the Members or
Associate Members. Any Bonds, together with any interest and premium thereon, shall not
constitute debts, liabilities or obligations of any Member. The Members or Associate Members
hereby agree that any such Bonds issued by the Authority shall not constitute general obligations of
the Authority but shall be payable solely from the moneys pledged to the repayment of principal or
interest on such Bonds under the terms of' the resolution, indenture, trust, agreement or other
instrument pursuant to which such Bonds are issued. Neither the Members or Associate
Members nor the Authority shall be obligated to pay the principal of or premium, if any, or
interest on the Bonds, or other costs incidental thereto, except from the revenues and funds
pledged therefor, and neither the faith and credit nor the taxing power of the Members or
Associate Members or the Authority shall be pledged to the payment of the principal of or
premium, if any, or interest on the Bonds, nor shall the Members or Associate Members of the
Authority be obligated in any manner to make any appropriation for such payment. No covenant
or agreement contained in any Bond shall be deemed to be a covenant or agreement of any
Delegate, or any officer, agent or employee of the Authority in an individual capacity, and neither
the Board nor any officer thereof executing the Bonds or any document related thereto shall be
liable personally on any Bond or be subject to any personal liability or accountability by reason of
the issuance of any Bonds.
a. The Board shall consist of the number of Delegates equal to one representative
8267 1.00000N9083277.2
,5-
912115 CC AGENDA PACKET PAGE 94
from each Member.
1), The governing body of each Member shall appoint one of its Supervisors to serve
as a Delegate on the Board. A Member's appointment of its Delegate shall be delivered in writing
(which may be by electronic mail) to the Authority and shall be effective until lie or she is replaced
by such governing body or no longer a Supervisor; any vacancy shall be filled by die governing
body of the Member in the same manner provided in this paragraph b..
C. The governing body of each Member of the Board shall appoint a Supervisor as an
alternate to seise on the Board in the absence of the Delegate, the alternate may exercise all the
rights and privileges of the Delegate, including the right. to be counted in constituting a quorum, to
participate in the proceedings of the Board, and to vote upon any and all matters. No alternate
may have more than one vote at any meeting of the Board, and any Member's designation of an
alternate shall be delivered in writing (which may be by electronic mail) to die Authority and shall
be effective until such alternate is replaced by his or her governing body or is no longer a
Supervisor, unless otherwise specified in such appointment. Any vacancy shall be filled by the
governing body of the Member in the same manner provided in this paragraph c..
d. Any person who is not a member of the governing body of a Member and who
attends a meeting on behalf of such Member may not vote or be counted tom-ard a quorum but
may, at the discretion of the Chair, participate in open meetings he or she attends.
e. Each Associate Member may designate a non-voting representative to the Board
who may not be counted toward a quorum but who may attend open meetings, propose agenda
items and otherwise participate in Board Meetings.
f. Delegates shall not. receive compensation for serving as Delegates, but. may claim
and receive reimbursement for expenses actually incurred in connection with such service
pursuant to rules approved by the Board and subject to the availability of funds.
9. The Board shall have the power, by resolution, to the extent permitted by the Act
or any other applicable law, to exercise any powers of the Authority and to delegate any of its
functions to the Executive Committee or one or more Delegates, officers or agents of' the
Authority, and to cause any authorized Delegate, officer or agent to take any actions and execute
any documents for and in (lie name and on behalf of the Board or the Authority.
h. The Board may establish such committees as it deems necessary for any lawful
purpose; such committees are advisory only and may not act or purport to act on behalf of the
Board or the Authority,
i. The Board shall develop, or cause to be developed, and review, modify as
necessary, and adopt each Program.
8. Meetings of the Board
82671 M00T9083277.2
M
912115 CC AGENDA PACKET PAGE 95
a. The Board shall meet at least once annually, but may meet more frequently upon
call of any officer or as provided by resolution of the Board.
b. Meetings of the Board shall be called, noticed, held and conducted pursuant to the
provisions of the Ralph M. Brown Act, Chapter 9 (commencing with Section 51950) of Part I of
Division 2 of Title 5 of the Govemirient. Code of the State of California.
C. The Secretary of the Authority shall cause minutes of all meetings of the Board to
be taken and distributed to each Member as soon as possible after each meeting.
d. The lesser of twelve (12) Delegates or a majority of the number of current
Delegates shall constitute a quorum for transacting business at any meeting of the Board, except
that less than a quorum may act to adjourn a meeting. Each Delegate shall have one vote,
C. Meetings may be held at any location designated in notice properly given for a
meeting and may be conducted by telephonic or similar means in any manner otherwise allowed
by law.
9. Officers; Duties; Official Bonds
a. The Board shall elect a chair and vice chair from among the Delegates at the
Board's annual meeting who shall serve a term of one (1) year or until their respective successor is
elected. The chair shall conduct the meetings of the Board and perform such other duties as may
be specified by resolution of the Board. The Nice chair shall perform such duties in the absence or
in the event of the unavailability of the chair.
b. The Board shall contract annually with RCRC to administer the Agreement and to
provide administrative services to the Authority, and the President and Chief Executive Officer of
RCRC shall serve ex o1ricio as Executive Director, Secretary, Treasurer, and Auditor of' the
Authority. As chief executive of the Authority, the Executive Director is authorized to execute
contracts and other obligations of the Authority, unless prior Board approval is required by a third
party, by law or by Board specification, and to perform other duties specified by the Board. The
Executive Director inay appoint such other officers as may be required for the orderly conduct of
the Authority's business and affairs who shall serve at the pleasure of the Executive Director.
Subject to the applicable provisions of any indenture or resolution providing for a trustee or other
fiscal agent, the Executive Director, as Treasurer, is designated as the custodian of the Authority's
funds, from whatever source, and, as such, shall have the powers, duties and responsibilities
specified in Section 6505.5 of the Act, The Executive Director, as Auditor, shall have the powers,
duties and responsibilities specified in Section 6505.5 of the Act.
C. The Legislative Advocate for the Authority shall be the Rural County
Representatives of California.
d. The Treasurer and Auditor are public officers who have charge of, handle, or have
access to all property of the Authority, and a bond for such officer in the amount of at least one
82671.00WOM83277.2
912115 CC AGENDA PACKET PAGE 96
hundred thousand dollars ($100,000,00) sliall be obtained at the expense of the Authority and
filed with die Executive Director. Such bond may secure the faithful performance of such
officer's duties with respect to another public office if such bond in at least die same amount
specifically mentions the office of the Authority as required herein. The Treasurer and Auditor
shall cause periodic independent audits to be made of the Authority's books by a certified public
accountant, or public accountant, in compliance with Section 6505 of the Act.
C. The business of the Authority shall be conducted under the supervision of the
Executive Director by RCRC personnel.
10. Executive Committee of the Authority
a. Composition
The Authority shall appoint nine (9) members of its Board to serve on an Executive
Committee.
b. Powers and Limitations
The Executive Comi-nittee shall act in an advisory capacity and make
recommendations to the Authority Board, Duties will include, but not be limited to, review of the
quarterly and annual budgets, service as the Audit Committee for the Authority, periodically
review this Agreement!, and complete any other tasks as may be assigned by the Board. The
Executive Committee shall be subject to all limitations imposed by this Agreement, other
applicable law, and resolutions of the Board.
C. Quorum
A majority of the Executive Committee shall constitute a quorum for transacting
business of the Executive Committee.
11. Disposition of Assets
Upon termination of this Agreement, all remaining assets and liabilities of the Authority
shall be distributed to the respective Members in such manner as shall be determined by the
Board and in accordance with the law.
12. Agreement Not Exclusive; Operation in jurisdiction of Member
This Agreement shall not be exclusive, and each Member expressly reserves its rights to
carry out other public capital improvements and programs as provided for by law and to issue
other obligations for those purposes. This Agreement shall not be deemed to amend or alter the
terms of other agreements among the Members or Associate Members.
13. Conflict of Interest Code
8267L0009083277.2
"-I
912115 CC AGENDA PACKET PAGE 97
The Authority shall by resolution adopt a Conflict of Interest Code as required by law.
14. Contributions and Advances
Contributions or advances of public funds and of personnel, equipment or property may
be made to the Authority by any Member, Associate Member or any otlicy public agency to
further the purpose of this Agreement. Payment of public funds may be made to defray the cost of
any contribution. Any advance may be made subject to repayment, and in that case shall be repaid
in the manner agreed upon by the advancing Member, Associate Member or other public agency
and the Authority at the time of making the advance.
15. Fiscal Year; Accounts; Reports; Annual Budget; Administrative Expenses
a. The fiscal year of the Authority shall be the period from January I of each year to
and including the following December 31, except for any partial fiscal year resulting from a change
in accounting based on a different fiscal year previously,
b. Prior to the beginning of each fiscal year, the Board shall adopt. a budget for die
succeeding fiscal year.
C. The Authority shall establish and maintain such funds and accounts as may be
required by generally accepted accounting principles. The books and records of the Authority are
public records mid shall be open to inspection at all reasonable times by each Member and its
representatives.
d. The Auditor shall either make, or contract with a certified public accountant or
public accountant to make, an annual audit of the accounts and records of the Authority. The
minimum requirements of the audit shall be those prescribed by the State Controller for special
districts under Section 26909 of the Government Code of the State of California, and shall
conform to generally accepted auditing standards. When an audit of accounts and records is made
by a certified public accountant or public accountant, a report thereof shall be filed as a public
record with each Member (and also with the auditor of Sacramento County as the county in which
the Authority's office is located) within 12 months after the end of the fiscal year.
e. In any year in which the annual budget of the Authority does not exceed live
thousand dollars ($5,000.00), the Board may, upon unanimous approval of the Board, replace the
annual audit with an ensuing one-year period, but in no event for a period longer than two fiscal
years.
16. Duties of Members or Associate Members; Breach
If any Member or Associate Member shall default in performing any covenant contained
herein, such default shall not. excuse that Member or Associate Member from fulfilling its other
obligations hereunder, and such defaulting Member or Associate Member shall remain liable for
82671,00000\9083277.2
912115 CC AGENDA PACKET PAGE 98
the performance of all covenants hereof. Each Member or Associate Member hereby declares
that this Agreement is entered into for the benefit of the Authority created hereby, and each
Member or Associate Member hereby grants to the Authority the right to enforce, by whatever
lawful means the Authority deems appropriate, all of the obligations of each of the parties
hereunder. Each and all of the remedies given to the Authority hereunder or by any law now or
hereafter enacted are cumulative, and the exercise of one right or remedy shall not firipair the right
of the Authority to any or all other remedies.
17. Indemnification
To the full extent permitted by law, the Board may authorize indemnification by the
Authority of any person who is or was a Board Delegate, alternate, officer, consultant, employee or
other agent of the Authority, and who was or is a party or is threatened to be made a party to a
proceeding by reason of the fact that. such person is or was such a Delegate, alternate, officer,
consultant employee or other agent of the Authority. Such indemnification may be made against
expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in
connection with such proceeding, if such person acted in good faith and in a manner such person
reasonably believed to be in the best interests of the Authority and, in the case of a criminal
proceeding, had no reasonable cause to believe his or her conduct was unlawful and, in the case of
an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as
an ordinarily prudent person in a like position would use under similar circumstances.
18. Immunities
All of the privileges and immunities froin liabilities, exemptions from law, ordinances and
rules, all pension, relief, disability, workers' compensation and other benefits which apply to the
activity of officers, agents or employees of any of the Members or Associate Members when
performing their respective functions, shall apply to them to the same degree and extent. while
engaged as Delegates or otherwise as an officer, agent or other representative of the Authority or
while engaged in the performance of any of their functions or duties under the provisions of this
Agreement.
19. Amendment
This Agreement may be amended by the adoption of the amendment by the governing
bodies of a majority of the Members. The amendment shall become effective on the first day of
the month following the last required member agency approval. An amendment may be initiated
by the Board, upon approval by a majority of the Board. Any proposed amendment, including the
text of the proposed change, shall be given by the Board to each Member's Delegate for
presentation and action by each Members board within 60 days, which time may be extended by
the Board.
The list of Members, Attachment 1, may be updated to reflect new and/or withdrawn
Members without requiring formal amendment of the Agreement by the Authority Board of
Directors.
82671.00000%9083277.2
-10-
912115 CC AGENDA PACKET PAGE 99
20. Withdrawal of Member or Associate Member
If a Member withdraws as member of RCRC, its membership iri the Authority shall
automatically terminate. A Member or Associate Member may withdraw from this Agreement
upon written notice to the Board; provided however, that no such withdrawal shall result in the
dissolution of the Authority as long as any Bonds or other obligations of the Authority remain
outstanding. Any such withdrawal shall become effective thirty (30) days after a resolution adopted
by the Member's governing body which authorizes withdrawal is received by the Authority.
Notwithstanding the foregoing, any termination of membership or withdrawal from the Authority
shall not operate to relieve any terminated or withdrawing Member or Associate Member Irom
Obligations incurred by such terminated or withdrawing Member or Associate Member prior to
the time of its termination or withdrawal.
20. Miscellaneous
a. Counterparts. This Agreement. may be executed in several counterparts, each of
which shall be an original and all of which shall constitute but one and the same instrument,
b. Construction. The section headings herein are for convenience only and arc not to
be construed as modifying or governing the language in the section referred to.
C. Approvals. Wherever fil this Agreement, any consent or approval is required, the
sairie shall not be unreasonably withheld.
d. Jurisdiction; Venue. This Agreement is made in the State of California, under the
Constitution and laws of such State and is to be so construed; any action to enforce or interpret its
terms shall be brought. in Sacramento County, California.
C. Integration. This Agreement is the complete and exclusive statement of the
agreement among die parties hereto, and it supersedes and merges all prior proposals,
understandings, and other agreements, whether oral, written, or implied in conduct, between and
among the parties relating to the subject matter of this Agreement.
f. Successors; Assignment This Agreement shall be binding upon and shall inure to
the benefit of the successors of the parties hereto. Except to the extent expressly provided herein,
no Member may assign any right or obligation hereunder without the consent of the Board,
9. Severability. Should any part, term or provision of this Agreement be decided by
the courts to be illegal or in conflict with any law of the State of California, or otherwise be
rendered unenforceable or ineffectual, the validity of the remaining parts, terms or provisions
hereof shall not be affected thereby.
The parties hereto have caused this Agreement to be executed and attested by their properly
authorized officers.
82671.00000\9088277.2
-11-
912115 CC AGENDA PACKET PAGE 100
AS ADOPTED BY THE MEMBERS:
Originally dated July 1, 1993
Amended and restated December 10, 1998
Amended and restated February 18, 1999
Amended and restated September 18, 2002
Amended and restated January 28, 2001
.'mended and restated December 10, 2014
82671,00000\9083277.2
I SIGVA TI WE"S ON FOLLO WI.VG PAGES]
- 12-
912115 CC AGENDA PACKET PAGE 1 01
COUNTY' OFALPINE
By: Dated: 09/02/2014
Name: Donald M. Jardine
Tide: Chai r.
Attest:
By' vt —r
Clerk of the Board of Supervisors
By: Teola L. Tremayne, Asst. County Clerk
IFLYME SEND TO:
Calil'on-iia Home .Finaxice Aut-bority,
1.215 K Street, Suite 1650
Sacramento, CA 958141
82671.0000019083277.2
912115 CC AGENDA PACKET PAGE 1 02
COUNTY OF AMADOR
By: '1
,74- Dated: --f //
Name. Theodore F. Novelli.
'ride: Chairman
Attest:
Deputy Clerk of the Board of SupenJ sor.
[PLEASE SEND TO:
California Home Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 958111
82671.00000\19083277.2
912115 CC AGENDA PACKET PAGE 1 03
BY:
Narne: al4l 7-ak*L
Title: 44 LC
Attest:
GIe is Boars o1' Supervisors
WIZASE SEND TO:
Calffbnt a Home Finance Authority
1215 K Street, SLdtc 1650
Sacramento, CA 95814.1
82671.0000"DH3277.2
Dated:
912115 CC AGENDA PACKET PAGE 104
COUNTY OF CAI AVERAS
Name:
Title:
Attest:
Clerk ofthe Board oaf' supellisors
[PLEASE SEND TO:
Caiii'ornia Home Finuicc Awhority
1215 K Street., Sulic 1650
Sacramento, CA 958141
9267 1 -0000NQ083277�2
Datcd.,--
912115 CC AGENDA PACKET PAGE 1 05
COUNTY OF COLUSA
By: Dated: 9/23/2014
Nme; Kim Dolbow Vann
Title: Chair,
Colusa County Board
of Supervisors
Attest:
Robert J. Muszar.
lerk of the Boa ,# of Supervisors
X
0 AA66�Aoyjdjg..'
Jerk of the Bd"Ard oeSuperrZo s
[PLEASE SEND TO:
California Home Finwice Autbority.
1215 K Street., Suite 1650
Sacrainento, CA 958141
8267] .00W9083277.2
912115 CC AGENDA PACKET PAGE 1 06
- 1000N, W- OkiDEL JgORTI E
7
r r
lly: -bated.
Naill-le:
'FOORYC4 I suft(visors
SASE SE7D Tcr..
H wAutholit
8 &i:0600b400277'2:
912115 CC AGENDA PACKET PAGE 1 07
Oro,
Tide. &&-nd
Attest: Joni VS l it 1�
Clerk ol'tile, Bo ar( I , SupeniS4
California Home Ffiiance Authority
1215 K Street, Suite 1650
&-wim-nento, CA 95814.1
8267 1 .00000\9083277.2
912115 CC AGENDA PACKET PAGE 108
COUNTY OF GLENN
By- Datcd: Oci-:)ber 8, 2014
Name, Mike Murray
Tide: Chairman, Board of Supervisors
[PLEASE SEND TO
California Home Fumice Authority
1215 K Street, Suite 1650
Sacrmnento, CA 958141
82671,000001,9083277.2
912115 CC AGENDA PACKET PAGE 1 09
I J If .1 1-111%
4r I
By:
Title:
Attest:
0,19AI!L41 MIMI
(PLEASE SEND TO:
California Home Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 958141
8267LOO(K)0\9083277.2
Dated:
912115 CC AGENDA PACKET PAGE 110
COUNW OF IMPERIAL
00
Munc, John R. RAnisou
T"10.* Chairman, Board of SUpervisors
Attest:
a 4
c.. . . le $oiard of.SupervisoN
0difornip, Hone Finance Audiotity
1215 K Stect, Suite 1650
Sacramento, CA 95814.1
826714"N9088277,2
Dated:
912115 CC AGENDA PACKET PAGE 111
COUNTY OF LAKE
Chair, Board of Supervisors
ATTEST: MATT PERRY
Clerk of the Board
of Supervisors
By: -'ry�
APPROVED AS TO FORM:
ANITA L. GRANT
County Counsel
By:
PLEASE SEND TO:
California Home Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 95814
8267 1 .00000\9083277.2
912115 CC A GEN PACKET PA GE 112
1)atcd� A v
ame: LARRY A. WOSICIC
`'dc: CHAIRMAN, BOARD OF SUPERVISORS
Attest
, dk��
, 8er - or the iifox-m�jztvlsuf ISOM
I W. 010 mam
k'1 # I M
Calironlia Home linatice Audtoiity
1215 K Stiect, Suite 1650
Sacramento, QA 958141
82671.0000(AOW3277,2
912115 CC A GEN PACKET PA GE 113
COUN'T'Y OF MADERA
By:
N,
By:
M WHEELER
Tide: CHAIRMAN, BOARD OF SUPERVISORS
Attest:
Clerk of die Board of'supenrisor
[PLEASE SEND TO:
California Home Fiii;wcc Authority
12151 Street, Suite 1650
Sari-amento, CA 958141
82071,00009190832772
nwm
Nw,
Dated.- A�-,
tv
912115 CC A GEN PACKET PA GE 114
Name:
Title: V) o a.
Attest.,
�PLEASIu TQ:
Califi)VIlkI HOI-ne I'liance Authority
1216 IC ,Street; Suile J(jy)
Sacramento, CA 0.581•I•]
8267 l.fXXJOO'()083277,2
Datctl: i v��
TO FQW4:
,M�.W".awp V
912115 CC A GEN PACKET PA GE 115
COUNTY OF MENDOCINO
By.
Na'7iw.-7J/f Pinches
n Pinch s
Title: Chair, Mendocino County Board
of Supervisors
Attest:
— 4rAf t, -'r - - ---I
Cie of Board of'Supervisors
Deputy
Caffonlia Home Finmice Authority
1215 1{ Street, Suite wo
Sarrainento, CA 95814,j
82S71-00OW-908a2772
Dated: September 23, 2014
I hereby certify that according to
the Provisions of Government Code
sections 25103, delivery of this
document has been made.
CARMEL J ANGELO
Clerk of the Board
By-'--eAL� N"
4eipiut—�
912115 CC A GEN PACKET PA GE 116
By:
Nanic: c,,— e— CY ja w,
al -,� ("� v ,
Title. C-V,�®r 'R,\,av-
Aticst:
rk of the Board cif , upcnisors
[PLEASE SEND TO:
Calilbruia Home Finance Authority
1215 K S(rcc(, Suite 1650
Sacramento, CA 958 141
8267 1,000009083277,2
Dawd: NOV 9, 5 2014
912115 CC A GEN PACKET PA GE 117
ri Eel I I z 4 Wco) a 3 1401611 N
B. rp" 4
� , _IZ4m" �c�'
Name, 3-Ar.", &!5 :S� L"� � L-�L6
Title:
Attest:
Clerk of the Board af*,86pervisors
I I J, a MINII *3
California Home Finmice.Authority
1215 K Street, Suite 1650
Sacramento, CA 95814)
8267 i.0940
Dated. 19;13/JW
912115 CC A GEN PACKET PA GE 118
Name.,
IWA,
11
Calilbmia Home nwicekudiority
1215 K Savet, Suite 1.650
Sacramento, CA 958 141
U671.0000OV08327M
Dated: I 0-�-i 1. 1 k, j
912115 CC A GEN PACKET PA GE 119
COUNTY OFNAPA,
By:
Name:
'I'itic: V'. c o- c I'l r,'- i, e
Attest: &4 -', 'y;, 'E Cc"' �
I
Clcrk of* the Boar(I Supervisors
[PLEASE SEND TO:
Calif'OrDia Home Finwicc Aiidiority
1215 K Street, Suite 1650
Sacramento, CA 9581,11
82(1-/ 1 .00WOM8.1277.2
Dated: �' d � - /( 'd
912115 CC AGENDA PACKET PAGE 120
COUNTY OF NEVADA
le-01
Name: Nathan H. Beason
Tide: Chair* Board of Supervisors
Attest.
Clerk of the Board of Supervisors
Approved asyto Form:
Coin
y C
[-LEASE SEND TO:
California Home Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 958141
82671,0000064083277.2
Dated: -j4�el
912115 CC AGENDA PACKET PAGE 121
COUNTY OF PLACER
m
N
Tide: C .(Fo
Attest:
Clerk of the Board of Supervisors
III
California Home Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 958141
82671.00000 \9083277.2
Dated: —& ;)-c I o
912115 CC AGENDA PACKET PAGE 122
COUNTY OF PLUMM
Nainc: ljglll�e e��.57
Tide: �/ al /#/4
Attest:
of thobard 01,8111VI'VIS, (-) r-&
.0diforiiia Home. izilimice Ai diority
1216 K $trcct,,Suilc 1650
Sacramento, CA 95814,1
8267.1"600
1 WOPW7,2
Dated-- �
912115 CC AGENDA PACKET PAGE 123
Dawd.--
r Lull
7"Itle; Cha-�r),Sav\ &xitk� &"4y
e)CXW k 0 47- CATt.
Attest
&I &� k
Clerk of die Board of Supervisors
I
AS TO LEGAL FORM
CaMbrixia Home Fh=cc Anthozity GAN BENITO COUNTY COUNSEL
1213 K Street, suite 1630
Sacraments, CA 958141
SSISTANT COUNTY COUN L [7A—TE
82fi LOWO"0832",2
912115 CC AGENDA PACKET PAGE 124
2014-104
October 7, 2014
COUNTY OF SMRP,A
B)�: 4,2 Dated: October 7, 2014
Nwne: Paul Roen
Tidc:Chairmanr Sierra County Board of Supervisors
82671.0000T908-3277,2
912115 CC AGENDA PACKET PAGE 125
BY V, Dated:
Name: Michael m. ease �
Title- Clair, Poard of Supervisors
Attest:
(bilee'n Setter, Rmty 1clieriz
Clerk of the B04 of Supers'
upe
Py: Deputy MO-r
-s
I W v KM OM
California Home Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 958141
82671,00000\W83277.2
912115 CC AGENDA PACKET PAGE 126
r
Tide: ti
Auest:
iCtetrof die B
[);
Zsff..T=
1215 K Street, Suite 1650
Samunciao, CA 958141
82671.00000\}0M77.2
0
Dated:
912115 CC AGENDA PACKET PAGE 127
COUNTY OF TEM"U
00,
Nanie:Steve R. Chamblin
Tide: Chairman / Board of Supervisors
Attest: October 21, 2014
W#g ltd of Supervisors
[PLEASE SEND TO:
Califon -iia Home Finance Audiority
1215 K Street, Suite 1650
Sacrainento, CA 95814]
82671.00000N,9083277.2
Dated: 0("eT 2 12014
912115 CC AGENDA PACKET PAGE 128
co
Judith N. Pflueger
Chairman
Trinity County Board of Supervisors
at
11"LEASESEND TO:
I lollic Fimmcc Awfioi-ity
IM) K St,ile I (j,l)(i
('.\ 9581 11
89671-0O)( 9083V7.2
912115 CC AGENDA PACKET PAGE 129
Attest.
I 1-Y P Ovim Molm"s
California Home Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 958141
82671.0000019083277.2
912115 CC AGENDA PACKET PAGE 130
COUNTY OFYOLO
By:_
Naine:
Title: C�
UV
E SEND TO:
Calilbi-nia Home Flimuicc Authority.
1215 K Street, Suite 1650
Sacramento, CA 958141
82671,00000\9083277.2
Dated: � { ' I
912115 CC AGENDA PACKET PAGE 131
COUNrrT OF YLIBA
Nwric: John* tti, Chal r
'Fide: Chaff r
Attest:
AClerk of the llo dfS�upciwi�sors
[PLEASE SEND TO:
Calil*ornia Home Finance !authority
1215 K Street, Suite 1650
Sacramento, CA 958141
82&71.00000t )083277.2
Dated: October 2, 2014
APPROVI--'D AS TO F0164
ANGIL P. MORRIS-JOIEES
CO COU,XSE,L
B Y.-
L;
IPA,
912115 CC AGENDA PACKET PAGE 132
,ATTACHMENT 1
CALIFORNIA. HOME FINANCE AUTHORITY MEMBERS
As of December 10, 201
Alpine County
Amador County
Butte County
Calaveras County
Colusa County
Del Norte County
El Dorado County
Glenn County
Humboldt County
Imperial County
Inyo, County
Lake County -
Lassen County
Madera County
Mariposa County
Mendocino County
Merced County
Modoc County
Mono County
Napa County
Nevada County
Placer County
Plw-nas County
San Benito County -
Shasta County
Sierra County
Siskiyou County
Sutter County
Teliama County
Trinity County
Tuolumne County
Yolo County
Yuba County
912115 CC AGENDA PACKET PAGE 133
AGREEMENT NO.
INDEMNIFICATION AND INSURANCE AGREEMENT
This Indemnification and Insurance Agreement ( "Agreement ") is entered
into on , 2015, by and between the CITY OF BAKERSFIELD,
a municipal corporation ( "City ") and YGRENE ENERGY FUND CA, LLC, a
California limited liability company ( "Administrator "), the administrator of the
California Home Finance Authority's PACE Program and the California Home
Finance Authority's Community Facilities District No. 2014 -1 (Clean Energy).
RECITALS
WHEREAS, the California Home Finance Authority ( "Authority ") is a joint
exercise of powers authority established pursuant to Chapter 5 of Division 7, Title
1 of the California Government Code (Section 6500 et. seq.) and the Joint
Exercise of Powers Agreement entered into on July 1, 1993, as amended from
time to time ( "Authority JPA "); and
WHEREAS, the Authority is in the process of amending the Authority JPA to
formally change its name to the Golden State Finance Authority; and
WHEREAS, the Authority has established a property- assessed clean energy
( "PACE ") Program ( "Authority PACE Program ") to provide for the financing of
renewable energy generation, energy and water efficiency improvements, and
electric vehicle charging infrastructure (the "Improvements ") pursuant to
Chapter 29 of Division 7 of the California Streets and Highways Code ( "Chapter
29 "), within counties and cities throughout the State of California that elect to
participate in the Program; and
WHEREAS, in addition, the Authority has established the Community
Facilities District No. 2014 -1 (Clean Energy) in accordance with the Mello -Roos
Community Facilities Act, set forth in sections 53311 through 53368.3 of the
California Government Code ( "Act ") and particularly in accordance with
sections 53313.5(1) and 53328.1 (a) ( "District "); and
WHEREAS, the City Council of the City of Bakersfield has approved the City
joining the Authority, has consented to the inclusion in the Authority PACE
Program of all of the properties in the jurisdictional boundaries of the City and to
the acquisition, construction, and installation of the Improvements, upon the
Indemnification Insurance Agreement
City of Bakersfield & Ygrene Energy Fund CA, LLC
S:ACommdevdpt\Agrs \15- 16 \Ygrene Indenm Ins Agr (PACE).Docx
-- Page 1 of 8 Pages --
912115 CC AGENDA PACKET PAGE 134
request by and voluntary agreement of owners of such properties, in
compliance with the laws, rules and regulations applicable to the Program, and
has consented to the inclusion in Community Facilities District No. 2014 -1 (Clean
Energy) of all of the properties in the City's jurisdiction and to the construction
and installation of the Authorized Improvements, upon the request of, and
execution of the Unanimous Approval Agreement by, the owners of such
properties when such properties are annexed, in compliance with the laws, rules
and regulations applicable to the District; and
WHEREAS, the Authority and the Administrator have entered into a Third
Party Administration Agreement, dated March 2015, in which the Administrator
agrees to administer the Authority PACE Program and /or Community Facilities
District No. 2014 -1 (Clean Energy) on behalf of the Authority; and
WHEREAS, the Administrator agrees to indemnify the City and to provide
insurance in connection with the administration of the Authority PACE Program
and /or Community Facilities District No. 2014 -1 (Clean Energy) in the City of
Bakersfield.
NOW, THERFORE, in consideration of the Recitals above and of the City's
agreement to join the Authority and to participate in the Authority's PACE
Program and /or Community Facilities District No. 2014 -1 (Clean Energy), the
parties agree as follows:
1. AGREEMENT TO INDEMNIFY. The Administrator agrees to defend,
indemnify, and hold harmless the City, its officers, elected or appointed officials,
employees, agents, and volunteers from and against any and all claims,
damages, losses, expenses, fines, penalties, judgments, demands, and defense
costs (including, without limitation, actual, direct, out -of- pocket costs and
expenses, and amounts paid in compromise or settlement and reasonable
outside legal fees arising from litigation of every nature or liability of any kind or
nature including civil, criminal, administrative or investigative) arising out of or in
connection with the Authority's PACE Program or Community Facilities District
No. 2014 -1 (Clean Energy), except such loss or damage which was caused by
the sole negligence or willful misconduct of the City. The Administrator will
conduct all defenses at its sole cost and expense, and the City shall reasonably
approve selection of the Administrator's counsel. This indemnity shall apply to all
claims and liability regardless of whether any insurance policies of the
Administrator, its affiliates or any other parties are applicable thereto. The policy
limits of any insurance of the Administrator, its affiliates or other parties are not a
limitation upon the obligation of the Administrator, including without limitation,
the amount of indemnification to be provided by the Administrator. The
provisions of this section shall survive the termination of this Agreement.
Indemnification Insurance Agreement
City of Bakersfield & Ygrene Energy Fund CA, LLC
S:ACommdevdpt\Agrs \15- 16 \Ygrene Indenm Ins Agr (PACE).Docx
-- Page 2 of 8 Pages --
912115 CC AGENDA PACKET FACE 1,3.E
2. INSURANCE. The Administrator agrees that, at no cost or expense to
the City, at all times during the administration of the Authority's PACE Program
and Community Facilities District No. 2014 -1 (Clean Energy), to maintain the
insurance coverage set forth in Exhibit "A" to this Agreement.
3. AMENDMENT /INTERPRETATION OF THIS AGREEMENT. This Agreement,
including all Exhibits attached hereto, represents the entire understanding of the
parties as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters
covered hereunder. No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing by both parties hereto.
This Agreement shall not be interpreted for or against any party by reason of the
fact that such party may have drafted this Agreement or any of its provisions.
4. SECTION HEADINGS. Section headings in this Agreement are
included for convenience of reference only and shall not constitute a part of
this Agreement for any other purpose.
5. WAIVER. No waiver of any of the provisions of this Agreement shall
be binding unless in the form of a writing signed by the party against whom
enforcement is sought, and no such waiver shall operate as a waiver of any
other provisions hereof (whether or not similar), nor shall such waiver constitute a
continuing waiver. Except as specifically provided herein, no failure to exercise
or any delay in exercising any right or remedy hereunder shall constitute a
waiver thereof.
6. SEVERABILITY AND GOVERNING LAW. If any provision or portion
thereof of this Agreement shall be held by a court of competent jurisdiction to
be invalid, void, or otherwise unenforceable, the remaining provisions shall
remain enforceable to the fullest extent permitted by law. This Agreement shall
be governed by and construed and enforced in accordance with the laws of
the State of California applicable to contracts made and to be performed in
California.
7. NOTICES. All notices, demands and other communications required
or permitted hereunder shall be made in writing and shall be deemed to have
been duly given if delivered by hand, against receipt, or mailed certified or
registered mail and addressed as follows:
Indemnification Insurance Agreement
City of Bakersfield & Ygrene Energy Fund CA, LLC
S:ACommdevdpt\Agrs \15- 16 \Ygrene Indenm Ins Agr (PACE).Docx
-- Page 3 of 8 Pages --
912115 CC AGENDA PACKET FACE 136
If to Administrator: Bart Van Voorhis
Executive Vice President, Corporate Development
Ygrene Energy Fund CA, LLC
815 5th Street, Suite 100
Santa Rosa, CA 95404
If to City: Steven L. Teglia
Assistant City Manager
CITY OF BAKERSFIELD
1600 Truxtun Avenue
Bakersfield, CA 93301
8. COUNTERPARTS. This Agreement may be executed in one or more
counterparts, each of which shall be deemed to be an original, which together
shall constitute the same instrument.
9. EFFECTIVE DATE. This Agreement will be effective as of the date of
the signature of City's representative as indicated below in the City's signature
block.
IN WITNESS HEREOF, the parties hereto duly executed this Agreement as of
the date below.
"CITY"
CITY OF BAKERSFIELD
HARVEY L. HALL
Mayor
APPROVED AS TO CONTENT:
COMMUNITY DEVELOPMENT SERVICES
DOUGLAS McISAAC
Community Development
Director
Additional Signatures on Following Page
"ADMINISTRATOR"
YGRENE ENERGY FUND CA, LLC
STACEY LAWSON
President /CEO
Indemnification Insurance Agreement
City of Bakersfield & Ygrene Energy Fund CA, LLC
S:ACommdevdpt\Agrs \15- 16 \Ygrene Indenm Ins Agr (PACE).Docx
-- Page 4 of 8 Pages --
912115 CC AGENDA PACKET FACE 137
APPROVED AS TO FORM:
VIRGINIA GENNARO, City Attorney
ANDREW HEGLUND
Deputy City Attorney
COUNTERSIGNED:
NELSON SMITH
Finance Director
Indemnification Insurance Agreement
City of Bakersfield & Ygrene Energy Fund CA, LLC
S:ACommdevdpt\Agrs \15- 16 \Ygrene Indenm Ins Agr (PACE).Docx
-- Page 5 of 8 Pages --
912115 CC AGENDA PACKET FACE 138
EXHIBIT A
INSURANCE
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. The coverage provided by Insurance Services Office Commercial
General Liability coverage ( "occurrence ") Form Number CG 0001;
and
2. The coverage provided by Insurance Services Office Form Number
CA 0001 covering Automobile Liability. Coverage shall be included
for all owned, non -owned and hired automobiles; and
3. Workers' Compensation insurance as required by the California
Labor Code and Employers Liability insurance; and
4. Professional Liability Errors & Omissions for all professional services.
There shall be no endorsement reducing the scope of coverage required above
unless approved by the Bakersfield Risk Manager.
B. Minimum Limits of Insurance
Administrator shall maintain limits no less than:
1. Commercial General Liability: $1,000,000 per occurrence for bodily
injury, personal injury and property damage. If Commercial Liability
Insurance or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this
project /location or the general aggregate limit shall be twice the
required occurrence limit; and
2. Automobile Liability: $1,000,000 combined single limit per accident
for bodily injury and property damage; and
3. Workers' Compensation and Employers Liability: Workers'
Compensation limits as required by the California Labor Code and
Employers Liability limits of $1,000,000 per accident; and
4. Professional Liability Errors & Omissions $1,000,000 per occurrence/
aggregate limit.
Indemnification Insurance Agreement
City of Bakersfield & Ygrene Energy Fund CA, LLC
S:ACommdevdpt\Agrs \15- 16 \Ygrene Indenm Ins Agr (PACE).Docx
-- Page 6 of 8 Pages --
912115 CC AGENDA PACKET FACE 139
C. Deductibles and Self- Insured Retentions
Any deductibles or self- insured retentions must be declared to, and approved
by the Bakersfield Risk Manager. At the option of City, either: the insurer shall
reduce or eliminate such deductibles or self- insured retentions as respects City,
its officers, employees, agents and contractors; or Administrator shall procure a
bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses in an amount specified by the Bakersfield
Risk Manager.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. Commercial General Liability and Automobile Liability Coverages.
a. Bakersfield, its officers, employees, agents, and contractors
are to be covered as additional insureds as respects: Liability
arising out of activities performed by or on behalf of
Administrator; products and completed operations of
Administrator; premises owned, leased, or used by
Administrator; and automobiles owned, leased, hired or
borrowed by Administrator. The coverage shall contain no
special limitations on the scope of protection afforded to the
City, its officers, employees, agents, and contractors.
b. Administrator's insurance coverage shall be primary insurance
as respects the City, its officers, employees, agents, and
contractors. Any insurance or self- insurance maintained by
City, its officers, employees, agents, or contractors shall be
excess of Administrator's insurance and shall not contribute
with it.
C. Any failure to comply with reporting provisions of the policies
by Administrator shall not affect coverage provided to the
City, its officers, employees, agents, or contractors.
d. Coverage shall state that Administrator's insurance shall
apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of
the insurer's liability.
e. Coverage shall contain a waiver of subrogation in favor of
the City, its officers, employees, agents, and contractors.
Indemnification Insurance Agreement
City of Bakersfield & Ygrene Energy Fund CA, LLC
S:ACommdevdpt\Agrs \15- 16 \Ygrene Indenm Ins Agr (PACE).Docx
-- Page 7 of 8 Pages --
912115 CC AGEN A PACKET PAGE 140
2. Workers' Compensation and Employers' Liability.
Coverage shall contain waiver of subrogation in favor of Bakersfield,
its officers, employees, agents, and contractors.
3. All Coverages
Each insurance policy required by this AGREEMENT shall be
endorsed to state that coverage shall not be suspended, voided,
cancelled, or reduced in limits except after thirty (30) days' prior
written notice has been given to the City, except that ten (10) days'
prior written notice shall apply in the event of cancellation for
nonpayment of premium.
E. Acceptability of Insurers.
Insurance is to be placed with insurers acceptable to the Bakersfield Risk
Manager.
F. Verification of Coverage.
Administrator shall furnish the City with certificates of insurance and with original
endorsements affecting coverage required by this AGREEMENT. The certificates
and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf.
Proof of insurance shall be either emailed in pdf format to: [insert email if
desired] or mailed to the following postal address or any subsequent address as
may be directed in writing by the Bakersfield Risk Manager:
Risk Manager
City of Bakersfield
1600 Truxtun Avenue
Bakersfield, CA 93301
G. Subcontractors
Administrator shall include all subcontractors as insureds under its policies or shall
obtain separate certificates and endorsements for each subcontractor.
Indemnification Insurance Agreement
City of Bakersfield & Ygrene Energy Fund CA, LLC
S:ACommdevdpt\Agrs \15- 16 \Ygrene Indenm Ins Agr (PACE).Docx
-- Page 8 of 8 Pages --
912115 CC AGENDA PACKET PAGE 141
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD
CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE
TERRITORY OF THE CITY IN THE CMFA PACE PROGRAM; AUTHORIZING
THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY TO ACCEPT
APPLICATIONS FROM PROPERTY OWNERS, CONDUCT CONTRACTUAL
ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS
WITHIN THE TERRITORY OF THE CITY.
WHEREAS, the California Municipal Finance Authority ( "Authority ") is a joint
exercise of powers authority, the members of which include numerous cities and
counties in the State of California, including the City of Bakersfield ( "City); and
WHEREAS, Authority has established its CMFA PACE Program (the
"Program ") to allow the financing or refinancing of renewable energy, energy
efficiency, water efficiency and seismic strengthening improvements, electric
vehicle charging infrastructure and such other improvements, infrastructure or
other work as may be authorized by law from time to time (collectively, the
"Improvements ") through the levy of contractual assessments pursuant to
Chapter 29 of Division 7 of the Streets & Highways Code ( "Chapter 29 ") within
counties and cities throughout the State of California that consent to the
inclusion of properties within their respective territories in the Program and the
issuance of bonds from time to time; and
WHEREAS, Chapter 29 provides that assessments may be levied under its
provisions only with the free and willing consent of the owner or owners of each
lot or parcel on which an assessment is levied at the time the assessment is
levied; and
WHEREAS, City desires to allow the owners of property ( "Participating
Property Owners ") within its territory to participate in the Program and to allow
Authority to conduct assessment proceedings under Chapter 29 within its
territory and to issue bonds to finance or refinance Improvements; and
WHEREAS, the territory within which assessments may be levied for the
Program shall include all of the territory within City's official boundaries; and
WHEREAS, Authority will conduct all assessment proceedings under
Chapter 29 for the Program and issue any bonds issued in connection with the
Program; and
S: \COUNCIL \Resos \15- 16 \Reso PACE Prop Owners.Docx
-- Page 1 of 3 Pages —
9/2/15 CC AGENDA PACKET FACE 142
WHEREAS, City will not be responsible for the conduct of any assessment
proceedings; the levy of assessments; any required remedial action in the case
of delinquencies in such assessment payments; or the issuance, sale,
administration repayment or guarantee of any bonds issued in connection with
the Program;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield as follows:
Section 1. This City Council hereby finds and declares that the foregoing
recitals are true and correct.
Section 2. This City Council hereby finds and declares that properties in
City's territory will benefit from the availability of the Program within City's
territory and, pursuant thereto, the conduct of special assessment proceedings
by the Authority pursuant to Chapter 29 and the issuance of bonds to finance or
refinance Improvements.
Section 3. In connection with the Program, City hereby consents to the
conduct of special assessment proceedings by the Authority pursuant to
Chapter 29 on any property within the territory of City and the issuance of bonds
to finance or refinance Improvements; provided, that
(1) The Participating Property Owners, who shall be the legal owners of
such property, execute a contract pursuant to Chapter 29 and comply
with other applicable provisions of California law in order to accomplish
the valid levy of assessments; and
(2) City will not be responsible for the conduct of any assessment
proceedings; the levy of assessments; any required remedial action in the
case of delinquencies in such assessment payments; or the issuance, sale,
administration, repayment or guarantee of any bonds issued in
connection with the Program.
Section 4. City's appropriate officials and staff are hereby authorized
and directed to execute and deliver such certificates, requisitions, agreements
and related documents as are reasonably required by the Authority to
implement the Program.
Section 5. The City Council hereby finds that adoption of this Resolution
is not a "project" under the California Environmental Quality Act, because the
Resolution does not involve any commitment to a specific project which may
result in a potentially significant physical impact on the environment, as
contemplated by Title 14, California Code of Regulations, Section 15378(b)(4)).
S: \COUNCIL \Resos \15- 16 \Reso PACE Prop Owners.Docx
-- Page 2 of 3 Pages —
9/2/15 CC AGENDA PACKET FACE 143
Section 6. The City Clerk is hereby authorized and directed to transmit a
certified copy of this resolution to the Authority at: California Municipal Finance
Authority, 21 1 1 Palomar Airport Road, Suite 320, Carlsbad, California 92011, Attn:
Anthony Stubbs.
- -- 000---- - - - - --
HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
, by the following vote:
YES:
NOES:
ABSTAI N
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
ANDREW HEGLUND
Deputy City Attorney
S: \COUNCIL \Resos \15- 16 \Reso PACE Prop Owners.Docx
ROBERTA GAFFORD, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
-- Page 3 of 3 Pages —
9/2/15 CC AGENDA PACKET FACE 1
AGREEMENT NO.
INDEMNIFICATION AGREEMENT
This INDEMNIFICATION AGREEMENT ( "Agreement "), made and entered into
as of , 2015, by and among the CALIFORNIA MUNICIPAL
FINANCE AUTHORITY, a joint powers agency organized and existing under the
laws of the State of California ( "AUTHORITY "), Energy Efficiency Equity, LLC ( "E3 ")
(The "Administrator ") and the CITY OF BAKERSFIELD, a municipal corporation
organized and existing under the laws of the State of California ( "CITY ");
RECITALS
WHEREAS, AUTHORITY is a joint powers agency organized and existing
pursuant to the Joint Powers Act, comprising Articles 1, 2, 3 and 4 of Chapter 5
of Division 7 of Title 1 (commencing with Section 6500) of the Government Code
of the State of California; and
WHEREAS, AUTHORITY has adopted the CMFA PACE Program (the
"Program "), for the financing of certain renewable energy and energy and
water efficiency and other improvements ( "Improvements) authorized by
Chapter 29 of the Streets & Highways Code ( "Chapter 29 ") within CITY's
jurisdiction; and
WHEREAS, CITY has authorized AUTHORITY to form an assessment district
(the "District ") for Program financing of Improvements on certain properties
owned by property owners who voluntarily agree to participate in the Program
( "Program Participant "); and
WHEREAS, AUTHORITY intends to issue bonds, notes or other forms of
indebtedness (the "Bonds ") to finance Improvements within the District.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and
AUTHORITY agree as follows:
1. INDEMNIFICATION. AUTHORITY and ADMINISTRATOR jointly and
severally agree to defend, indemnify, and hold harmless CITY, its 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 AUTHORITY, AUTHORITY's employees, agents, independent
Indemnification Agreement (PACE)
SACommdevdpt\Agrs \15- 16 \CMFA Indemnity Agr (PACE).Docx
-- Page 1 of 3 Pages --
9/2/15 CC AGENDA PACKET FACE 145
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. This Section shall survive termination of this
Agreement.
2. CITY HAS NO LIABILITY. CITY shall not have any liabilities or
obligations or incur any costs or expenses for the Program, including, but not
limited to, the repayment of any bonds issued for the Program. CITY will not
have any responsibilities or obligations with respect to the Program, including,
but not limited to, the conduct of any assessment proceedings, the levy of
assessments, any required remedial action in the case of delinquencies, the
issuance, sale or administration of the bonds, or other indebtedness issued in
connection with the Program.
3. INTEGRATION. This Agreement contains the entire agreement of
CITY, ADMINISTRATOR, and AUTHORITY with respect to the matters covered
hereby, and no agreement, statement or promise made by CITY,
ADMINISTRATOR, and AUTHORITY which is not contained herein, shall be valid or
binding. No prior agreement, understanding or representation pertaining to any
such matter shall be effective for any purpose.
4. EFFECTIVE DATE. This Agreement shall be effective on the date on
which this Agreement is executed by the CITY ( "Effective Date ").
Indemnification Agreement (PACE)
SACommdevdpt\Agrs \15- 16 \CMFA Indemnity Agr (PACE).Docx
-- Page 2 of 3 Pages --
9/2/15 CC ACEN A PACKET FACE 146
IN WITNESS WHEREOF, the parties hereto have executed this
Indemnification Agreement by their officers duly authorized as of the day and
year first written above.
CITY OF BAKERSFIELD, a
municipal corporation
HARVEY L. HALL
Mayor
APPROVED AS TO CONTENT:
COMMUNITY DEVELOPMENT SERVICES
DOUGLAS McISAAC
Community Development
Director
ENERGY EFFICIENCY EQUITY, LLC
By:
[Title]
CALIFORNIA MUNICIPAL FINANCE
AUTHORITY
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney By:
By:
ANDREW HEGLUND
Deputy City Attorney
COUNTERSIGNED:
NELSON SMITH
Finance Director
Indemnification Agreement (PACE)
SACommdevdpt\Agrs \15- 16 \CMFA Indemnity Agr (PACE).Docx
Authorized Signatory
-- Page 3 of 3 Pages --
9/2/15 CC ACEN A PACKET FACE 147
enaif
MEETING DATE: 9/2/2015 Consent -Resolutions e.
TO: Honorable Mayor and City Council
FROM: Christi Tenter, Human Resources Manager
DATE: 8/11/2015
VI %1 N 13
SUBJECT: Revised and New Job Specifications - Change to Salary Schedule and
Reclassification:
1. Amendment No. 4 to Resolution No. 079 -13 approving
Memorandum of Understanding for employees of the Blue and
White Collar Units and adopting salary schedule and related
benefits for Police Computer Forensic Examiner.
2. Revised Job Specification: Traffic Signal Technician ( #15310)
3. New Job Specification: Police Computer Forensic Examiner
( #21400)
4. Reclassification: Police Service Technician to Police Computer
Forensic Examiner
STAFF RECOMMENDATION:
Staff recommends adoption of the resolution, approval of the revised and new job
specifications and reclassification.
BACKGROUND:
Revised Job Specification: Traffic Signal Technician ( #15310)
As part of the recruitment process, the job specification for Traffic Signal Technician was
reviewed and updated. Language was changed and /or added to reflect the actual job duties
and current industry terminology in the class summary, essential job duties, minimum
qualifications, licenses, certificates and special requirements, knowledge and abilities and
physical or special working conditions. Human Resources staff worked closely with the
General Services Superintendent to update the job specification. The job specification has not
been updated since 2008.
SEIU has reviewed and approved the revisions. There is no budgetary impact as the salary
will remain the same. The revised job specification was presented and approved by the
Miscellaneous Civil Service Board at their August 18, 2015 meeting.
New Job Specification: Police Computer Forensic Examiner #21400
912115 CC AGENDA PACKET PAGE 1
The Computer Forensics Unit (CFU) in the Police Department is primarily responsible for the
analysis of digital evidence seized from crime scenes or suspect(s) ; as it relates to computers,
cell phones, tablets, video surveillance and any other devices capable of holding electronic
data. The CFU is required to respond to crime scenes to secure and seize evidence and
testify in court as subject matter experts. In addition, they are responsible for understanding
criminal offenses as it relates to computer crimes, as this Unit is responsible for identifying
suspect(s), digitally tracking the use of electronic devices, determining locations and
uncovering criminal activity. The CFU also receives service requests from every division within
the Department, including confidential requests from the Administration Division.
Currently, the Unit is comprised of one (1) detective and one (1) Police Service Technician. In
2014, the CFU received over 300 forensic requests; however they were only able to conduct
152 forensic analyses. This undesirable backlog of computers and devices waiting for
examination often results in the failed arrest and conviction of suspect(s). In almost every
arrest a suspect(s) is found to be in possession of a cellular phone or electronic device that
could possibly provide information as it relates to the crime. Failure to seize and forensically
analyze this type of evidence in a timely manner could potentially lead to the failure of securing
evidence and negatively affect the identification, arrest, and /or conviction of suspect(s). The
forensic analysis of this type of evidence is extensive and time consuming requiring
specialized training in criminal forensics, as the examiner is required to translate evidentiary
information to investigators, supervisors, attorneys and jury's. With the evolution and reliance
on electronic devices and the growth of criminal activity in this area, there is a critical need for
this position, as the case load is expected to grow substantially. The addition of a Police
Computer Forensic Examiner will assist significantly in achieving the goal of reducing crimes in
our community.
The new job specification was presented and approved by the Police Civil Service Board at
their August 5, 2015 meeting. Attached is the new job specification.
Reclassification: Police Service Technician to Police Computer Forensic Examiner
The Police Department has submitted a request to the Human Resources Division to reclassify
one (1) Police Service Technician position to a newly created classification of Police Computer
Forensic Examiner. The Police Service Technician position under general supervision is an
unarmed, non -sworn employee who assists sworn personnel in follow -up investigations;
enforces parking laws, ordinances, and regulations and issues citations; directs traffic at
accidents, crime, and fire scenes and special events; and conducts certain types of criminal
and traffic investigations. Upon research and review of an incumbent in the position of Police
Service Technician, it has been determined that the employee has been performing the
following duties:
"Under general supervision, processes, examines and analyzes computer hardware, software,
cellular phones, digital media, electronically stored data and other computer - related evidentiary
materials pertaining to law enforcement investigations. Prepares and presents reports of
findings, provides expert testimony, and performs other work as required."
These duties and assignments fall outside of the scope of the representative duties of the
Police Service Technician classification. Therefore, based on the above, we recommend this
employee be reclassified from Police Service Technician to Police Computer Forensic
Examiner because of the complex assignments that are being performed on a regular basis
which require extensive knowledge, training, ability and judgment which are the primary
functions of the position.
Salary Grade Comparison:
1. Police Service Technician
912115 CC AGENDA PACKET PA GE 149
$18.786 $19.726 $20.716
2. Police Computer Forensic Examiner
$25.944 $27.241 $28.603
$21.755 $22.842
$30.025 $31.532
ATTACHMENTS:
Description Type
Reso 079-13 Amend 4 - Police Computer Forensic ResoklfiOlrl
Examiner
D Traffic Signal Technician - with markups BaCkUa p 1Mateirl4l
D Traffic Signal Technician - Clear Copy Proposed New Job BaCkU�p Mateirl4l
Spec
D Police Computer Forensic Examiner Job Specification BaCkUa p 1Mateirl4l
912115 CC AGENDA PACKET PAGE 150
RESOLUTION NO.
AMENDMENT NO. 4 TO RESOLUTION NO. 079 -13
APPROVING MEMORANDUM OF UNDERSTANDING
FOR EMPLOYEES OF THE BLUE AND WHITE COLLAR
UNITS AND ADOPTING SALARY SCHEDULE AND
RELATED BENEFITS FOR POLICE COMPUTER
FORENSIC EXAMINER
WHEREAS, Resolution No. 079 -13 sets salaries and related benefits for
employees of the Blue and White Collar Units.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Bakersfield that effective immediately following Council action, the Salary Schedule, a
part of the Resolution No. 079 -13 is hereby amended as follows:
1. Resolution No. 079 -13 is hereby amended by adding the following
class title to the White Collar Unit:
21400 A
POLICE COMPUTER FORENSIC EXAMINER
25.944 27.241 28.603 30.025 31.532
---- - - - - -- 000---- - - - - --
912115 CC A EN A PACKET PAGE 151
HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES:
COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER
NOES:
COUNCILMEMBER
ABSTAIN:
COUNCILMEMBER
ABSENT:
COUNCILMEMBER
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 of the City of Bakersfield
912115 CC AGENDA PACKET PAGE 152
CITY OFBAKE8SF|ElD CLASS SPECIFICATION: 15310
UNIT: BLUE COLLAR
EE04: TECHNICIANS
CLASS TITLE: TRAFFIC SIGNAL TECHNICIAN
CLASS SUMMARY:
Under general supervision, this class performs skilled vvo n - i and performs other work as required.
the installation,
REPRESENTATIVE DUTIES:
The following typical asks and responsibilities are representative of this classification. They are
descriptive, not limiting.
Essential Duties:
m
m -(�4 Re laces clamag��d traffic standards and hardware
m
-Evaluates traffig_p�gtterns
Insoects traffic vehicle detector locos
• M_a_k_es claJiJI/ inspections of traffic control intersections
• Tests new cabinets and controllers and all associated aux1riary m �en t
•
• Replaces traffic lamps
• Checks traffic h2Dds_for_groper ari�gnment
•
• Replaces wiring and conduit
*�*e�e�e�
• Replaces *AA4G4--4 cabinets and controllers
• Use the oscilloscope and voltmeter to repair defective electronic components and
controllers
• Operates �P,aerial lift truck to replace 144P4 lamps,
repair traffic heads and maintain surveillance camera systems
• Makes necessary t�2�� adjustments to maximize traffic
movements
• Inspects and finalizes traffic signals under construction and interconnect projects
• �pe-A44 Documents all visits to signalized intersections
m
DISTINGUISHING CHARACTERISTICS:
This is an experienced journey-level class and is distinguished from Electrical Technician 1/11 in that
the Traffic Signal Technician performs specialized electrical work in installation, repair and
maintenance of complex, computepcon trolled traffic signal systems.
912115 CC AGENDA PACKET PAGE 153
CLASS TITLE: TRAFFIC SIGNAL TECHNICIAN 15310
MINIMUM QUALIFICATIONS:
Training and Experience:
• Graduation from high school 'c i, . or G.E.D.;'e� -i' . eni AND
• Five 5J years' journey -level experience in the installation, repair and maintenance of
computerized traffic signal systems; OR
• Five L�J years' experience as an Electrical Technician 1 /11; OR
• An equivalent combination of training, certification and experience which provides the
capabilities to perform the described duties.
Licenses, Certificates and Special Requirements:
• Possession of a valid Classy "C" California driver's license is required. 'A -CCU
cy.....d
• Possession of an International Municipal Signal Association (IMSA) Level 11 certificate in
signal maintenance and operations is desirable.
• Must be able to pass color vision test.
Knowledge of:
• National Electrical Code and Electric Safety Orders of the Division of Industrial Safety
• operation and maintenance of state -of- the -art electronics and computer - controlled
traffic signal systems, including, but not limited to, the California 170 traffic controller
• Auto scope and Iteris video detection systems
• a 3M optic -con preemption systems
Electronic test equipment and state of the art traffic signal controller equipment
• Computer applications related to work
Ability to:
• Exercise independent judgment and initiative within established guidelines
• Guide and instruct others
• Lead the work of a crew
• Read and interpret construction plans for traffic signals and related construction
• Inspect construction projects and perform checks of signal operations
• Install and maintain complex electronic equipment
• Understand and use the Bi -Trans timing software
LLIY;;, ,,,,44e`� IIIYIWe rb"'d r { ..........�,,,L&R-&e,,,,,�y ,C' &r r"dG1Y �"k.'4
� r d ... �
.TAryrrr"I -�K° ✓ .� t
• a Establish and maintain effective working relationships
• Prepare reports and maintain records
• Operate a personal computer
S
............................................
.
rml'°.�..- v- -c��'���� "a ..r-.".t�'P.... rl'rr� --g.. r�fr' -r. u�, .. .. �. Fr-• rw.�: .hhr-• r-a r'h '1'rr ,. .,
Physical ° . s, or Special Working Conditions:
.............................. ................
.�...............
912115 CC AGENDA PACKET PAGE 154
CLASS TITLE: TRAFFIC SIGNAL TECHNICIAN 15310
• Must be w4 able -to work indoors or outdoors in all weather conditions and to work in
confined areas and from heights and with exposure to unpleasant and potentially
hazardous conditions
• i.�. r Must be able to work nights, weekends and holidays as assi ned
Approved by the Miscellaneous Civil Service Board: May 20, 2008
Approved by the City Council: May 21, 2008
Approved by the Miscellaneous Civil Service Board:
Approved by the City Council:
912115 CC AGENDA PACKET PAGE 155
CITY OF BAKERSFIELD CLASS SPECIFICATION: 15310
UNIT: BLUE COLLAR
EEO4: TECHNICIANS
CLASS TITLE: TRAFFIC SIGNAL TECHNICIAN
CLASS SUMMARY:
Under general supervision, this class performs skilled work at the journey - level, in the installation,
repair and maintenance of complex, computer - controlled traffic signal systems; and performs
other work as required.
REPRESENTATIVE DUTIES:
The following typical asks and responsibilities are representative of this classification. They are
descriptive, not limiting.
Essential Duties:
• Inspects traffic control intersections under construction or repair
• Replaces damaged traffic standards and hardware
• Evaluates traffic patterns
• Inspects traffic vehicle detector loops
• Makes daily inspections of traffic control intersections
• Tests new cabinets and controllers and all associated auxiliary equipment
• Tests pedestrian timing
• Replaces traffic lamps
• Checks traffic heads for proper alignment
• Operates light and heavy equipment
• Replaces wiring and conduit
• Replaces cabinets and controllers
• Use the oscilloscope and voltmeter to repair defective electronic components and
controllers
• Operates aerial lift truck to replace lamps, repair traffic heads and maintain surveillance
camera systems
• Makes necessary timing adjustments to maximize traffic movements
• Inspects and finalizes traffic signals under construction and interconnect projects
• Documents all visits to signalized intersections
• Performs other work as required
DISTINGUISHING CHARACTERISTICS:
This is an experienced journey -level class and is distinguished from Electrical Technician 1 /11 in that
the Traffic Signal Technician performs specialized electrical work in installation, repair and
maintenance of complex, computer - controlled traffic signal systems.
MINIMUM QUALIFICATIONS:
Training and Experience:
• Graduation from high school or G.E.D.; AND
• Five (5) years' journey -level experience in the installation, repair and maintenance of
computerized traffic signal systems; OR
• Five (5) years' experience as an Electrical Technician 1 /11; OR
• An equivalent combination of training, certification and experience which provides the
capabilities to perform the described duties.
912115 CC AGENDA PACKET PAGE 156
CLASS TITLE: TRAFFIC SIGNAL TECHNICIAN 15310
Licenses. Certificates and Special Reauirements:
• Possession of a valid Class "C" California driver's license is required.
• Possession of an International Municipal Signal Association (IMSA) Level II certificate in
signal maintenance and operations is desirable.
• Must be able to pass color vision test.
Knowledge of:
• National Electrical Code and Electric Safety Orders of the Division of Industrial Safety
• operation and maintenance of state -of- the -art electronics and computer - controlled
traffic signal systems, including, but not limited to, the California 170 traffic controller
• Auto scope and Iteris video detection systems
• 3M optic -con preemption systems
• Electronic test equipment and state -of- the -art traffic signal controller equipment
• Computer applications related to work
Ability to:
• Exercise independent judgment and initiative within established guidelines
• Guide and instruct others
• Lead the work of a crew
• Read and interpret construction plans for traffic signals and related construction
• Inspect construction projects and perform checks of signal operations
• Install and maintain complex electronic equipment
• Understand and use the Bi -Trans timing software
• Establish and maintain effective working relationships
• Prepare reports and maintain records
• Operate a personal computer
Physical or Special Working Conditions:
Must be able to work indoors or outdoors in all weather conditions and to work in
confined areas and from heights and with exposure to unpleasant and potentially
hazardous conditions
Must be able to work nights, weekends and holidays as assigned.
Approved by the Miscellaneous Civil Service Board: May 20, 2008
Approved by the City Council: May 21, 2008
Approved by the Miscellaneous Civil Service Board:
Approved by the City Council:
912115 CC A EN A PACKET PAGE 157
CITY OF BAKERSFIELD CLASS SPECIFICATION: 21400
UNIT: WHITE COLLAR UNIT
EEO4: PROFESSIONAL
CLASS TITLE: POLICE COMPUTER FORENSIC EXAMINER
CLASS SUMMARY:
Under general supervision, processes, examines and analyzes computer hardware,
software, cellular phones, digital media, electronically stored data and other
computer - related evidentiary materials pertaining to law enforcement investigations.
Prepares and presents reports of findings, provides expert testimony, and performs other
work as required.
REPRESENTATIVE DUTIES:
The following typical tasks and responsibilities are representative of all positions in the
class. They are descriptive, not limiting.
Essential Duties:
• Conducts thorough examinations of computer hard disk drives, floppy disks, and
other electronic data storage media;
• Preserves and copies the original media;
• Prevents the transference of viruses, destructive programs, and inadvertent writes
to and from the original media;
• Restores recoverable deleted files;
• Accesses password - protected and secured files;
• Uses forensic software applications to analyze electronic media;
• Physically disassembles and examines computers and related hardware
components;
• Identifies evidence of computer crimes such as the theft and sabotage of data
and unlawful access of data and systems;
• Examines and analyzes text, graphics, multimedia, and digital images;
• Collects, labels, secures and transports evidence from crime scenes;
• Form and articulate expert opinions based on analysis, provide expert testimony
in depositions, trials and other proceedings;
• Works with others to prepare cases for trial;
• Assists in preparation of search and seizure warrants, court orders, and
subpoenas;
• Assists with training and instructing other employees;
• Performs other work as required.
912115 CC AGENDA PACKET FACE 158
CLASS TITLE: POLICE COMPUTER FORENSIC EXAMINER (continued) 21400
MINIMUM QUALIFICATIONS:
Training and Experience:
• An Associate of Arts /Science Degree from an accredited college in Computer
Science, Information Technology, Criminal Justice or a related field; AND
• Two (2) years of experience in computer forensics, computer systems analysis,
and /or the operation, maintenance and repair of computer systems; OR
• An equivalent combination of education, training, certification and experience
which provides the capabilities to perform the described duties
Knowledge of:
• Computer system hardware, software installation and troubleshooting;
• Principles and practices of electronic data storage, data encryption, and
computer system security;
• Methods and techniques used to access, recover, review, validate, and
preserve electronically stored data files;
• Principles and practices of computer programming;
• Organization and operation of law enforcement agencies.
Ability to:
• Examine and analyze computer hardware, software, and electronically stored
data pertaining to law enforcement investigations;
• Identify, analyze and document evidence of computer crimes;
• Collect, transport, process, and secure evidentiary materials;
• Restore deleted files and access secured data;
• Find and extract electronically stored information to be used as evidence;
• Prepare and present reports of findings;
• Train and instruct others in computer crimes analysis;
• Prepare and maintain accurate records and files;
• Testify in court;
• Effectively communicate verbally and in writing;
• Exercise sound judgment in safeguarding /disseminating confidential or sensitive
information;
• Work independently, manage workload and meet specific deadlines;
• Operate an office computer and a variety of word processing and software
applications related to work;
• Establish and maintain cooperative working relationships within the department,
other agencies and general public.
Skill in:
• The installation, operation, maintenance, and repair of computer systems and
associated hardware devices.
Licenses, Certificates or Special Requirements:
• Possession of a valid California Class "C" driver's license.
• Possession of Encase Computer Forensics I and II Certification is desirable.
• Must successfully pass a police background check.
912115 CC A EN A PACKET PAGE 159
Physical Conditions and Special Working Conditions:
• Must be able to work nights, weekends, holidays, call -outs, standbys and
outdoors in all weather conditions
Approved by the Police Civil Service Board: August 5, 2015
Approved by the City Council:
912115 CC A EN A PACKET PAGE 160
enaif
MEETING DATE: 9/2/2015 Consent -Resolutions f.
TO: Honorable Mayor and City Council
FROM: Douglas N. Mclsaac, Community Development Director
DATE: 8/14/2015
VI %1 N 13
SUBJECT: Resolution confirming approval by the City Manager designee of the
Chief Code Enforcement Officer's report regarding assessments of
certain properties in the City for which structures have been secured
against entry or for the abatement of certain weeds, debris and waste
matter and authorizing collection of the assessments by the Kern
County Tax Collector.
STAFF RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
Assessment hearing was held on August 10, 2015, by the City Manager designee and all
proposed charges were confirmed. The subject properties listed below were in violation of
Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and
abandoned dilapidated structures which constitute public nuisances and prohibits maintaining
hazardous weeds, debris and waste matter. The property owners were notified and failed to
comply with the notices to abate such public nuisance. After a hearing duly noticed and held
before the Building Director, the Director issued orders requiring the property owner to abate
the public nuisance. The subject properties are listed as follows:
912115 CC AGENDA PACKET PAGE 161
PROPERTY LOCATION
APN
COST
Ward 1
1.
6580 Betty Street
516- 031- 44 -00 -4
$115.00
2.
314 Brink Drive
011 - 121- 16 -00 -9
$325.00
3.
804 Casino Street
170 - 232- 03 -00 -0
$300.00
4.
2611 Cottonwood Road
170 - 280- 05 -00 -7
$748.00
5.
3217 Dore Drive
022 - 302- 31 -00 -1
$1,100.00
6.
1405 Dorian Drive
022 - 131- 13 -00 -3
$325.00
7.
305 Dr. Martin Luther King Jr. Blvd.
019 - 181- 11 -00 -8
$798.00
8.
328 Dr. Martin Luther King Jr. Blvd.
018 - 420- 03 -00 -0
$700.00
9.
521 Dr. Martin Luther King Jr. Blvd.
019 - 101- 21 -00 -3
$700.00
10.
1309 Hub Avenue
025 - 113- 16 -00 -1
$325.00
11.
111 S. Kincaid Street
168 - 171- 06 -00 -8
$115.00
12.
231 L Street
010- 260- 03 -00 -8
$115.00
13.
104 Madison Street
169 - 050- 07 -00 -6
$825.00
912115 CC AGENDA PACKET PAGE 161
14.
806 Melwood Street
170 - 142- 16 -00 -2
$325.00
15.
3120 Parkland Court
022 - 320- 12 -00 -8
$115.00
16.
1100 E. Planz Road
170 - 180- 01 -00 -6
$950.00
17.
1416 Richland Street
011 - 102- 14 -00 -4
$325.00
18.
224 T Street
010 - 052- 20 -00 -0
$325.00
19.
118 Tyree Toliver Street
018 - 320- 06 -00 -0
$325.00
20.
1501 E. White Lane
172 - 070- 20 -00 -3
$325.00
21.
441 1 st Street
010- 032- 01 -00 -9
$325.00
22.
806 E. 11 th Street
139- 022- 04 -00 -3
$795.00
Ward 2
23.
2110 Bank Street
008 - 192- 13 -00 -4
$115.00
24.
507 Butte Street
016 - 430- 04 -00 -2
$789.00
25.
2601 California Avenue
007 - 021- 13 -00 -0
$115.00
26.
1800 Chester Avenue
006 - 021- 08 -00 -9
$115.00
27.
208 Cypress Street
008 - 075- 23 -00 -9
$115.00
28.
3604 K Street
120 - 110- 15 -00 -1
$1,790.00
29.
1106 Kentucky Street
015 - 390- 15 -00 -6
$760.00
30.
1330 Kentucky Street
015 - 410- 06 -00 -5
$325.00
31.
3212 Mulberry Drive
001 - 381- 17 -00 -5
$325.00
32.
509 Niles Street
014 - 080- 02 -00 -1
$794.00
33.
318 Oregon Street
012 - 170- 08 -00 -1
$1,670.00
34.
2316 P Street
005 - 191- 05 -00 -3
$115.00
35.
2200 Park Way
007 - 081- 10 -00 -9
$115.00
36.
729 Sumner Street
016 - 070- 10 -00 -5
$325.00
Ward 3
37.
3013 Cornell Street
021 - 352- 23 -00 -6
$825.00
38.
3412 Harvard Drive
383 - 212- 18 -00 -0
$918.00
39.
9611 Lake Powell Drive
494 - 570- 15 -00 -1
$325.00
Ward 4
40.
9903 Cheyenne Drive
526- 204- 01 -00 -2
$975.00
41.
710 Emerald Park Court
522 - 311- 21 -00 -3
$300.00
42.
4804 Native Dancer Drive
526- 244- 08 -00 -5
$1,500.00
43.
8521 Rollingbay Drive
451 - 462- 10 -00 -5
$325.00
44.
14200 San Jose Avenue
522 - 191- 03 -00 -7
$850.00
45.
702 Vermillion Drive
409 - 602- 03 -00 -6
$325.00
Ward 5
46.
9101 Hoxie Court
392 - 224- 43 -00 -5
$325.00
47.
10217 Pyramid Peak Drive
394 - 481- 03 -00 -8
$300.00
48.
3013 Victoria Way
381 - 135- 08 -00 -5
$325.00
Ward 6
49.
3301 Wible Road
403 - 012- 04 -00 -6
$769.00
Ward 7
50.
2516 Agate Street
023 - 282- 04 -00 -5
$925.00
51.
2628 Bernice Drive
372 - 062- 10 -00 -3
$790.00
52.
1421 Canyon Court
412 - 243- 20 -00 -2
$115.00
53.
3716 Harris Road
371 - 143- 11 -00 -9
$300.00
54.
1804 Hodges Avenue
023 - 143- 19 -00 -5
$1,230.00
55.
4304 Thatch Avenue
371 - 291- 03 -00 -6
$115.00
56.
5309 Tupper Court
412 - 213- 18 -00 -8
$325.00
The owners of the above - mentioned properties failed to commence the required work as
ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80
of the Bakersfield Municipal Code, the public nuisances listed above were abated under the
912115 CC A EN A PACKET PAGE 162
direction of the Chief Code Enforcement Officer. The costs incurred by the City can be
assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal
Code. Property owners had been given notice of their right to appear at the hearing on this
matter before the City Manager designee and to object to the correctness of the costs incurred
by the City to remove the public nuisance. The City Manager designee has approved the
assessments associated with the above - mentioned properties.
The Council will need to confirm the approval of the City Manager designee of the costs
incurred by the City for work performed to remove the public nuisance and order that such
costs be made a lien against the property. This will be done by adoption of the attached
resolution.
ATTACHMENTS:
Description
Resolution
D Declaration
D Exhibit A
Type
1=� eso Iklfi &rl
Exlh li Ike lit
Exlh li Ike lit
912115 CC A EN A PACKET PAGE 163
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD
CONFIRMING THE APPROVAL BY THE CITY MANAGER DESIGNEE OF
THE REPORT OF THE CHIEF CODE ENFORCEMENT OFFICER
REGARDING ASSESSMENTS OF CERTAIN PROPERTIES IN THE CITY OF
BAKERSFIELD FOR WHICH STRUCTURES HAVE BEEN SECURED AGAINST
ENTRY OR FOR THE ABATEMENT OF CERTAIN WEEDS, DEBRIS AND
WASTE MATTER AND AUTHORIZING COLLECTION OF THE
ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR.
WHEREAS, the properties in the City of Bakersfield described by assessor
parcel number and street address in Exhibit "A" were determined to be in violation of the
Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated
structures which constitute public nuisances and prohibits maintaining hazardous weeds,
debris and waste matter; and
WHEREAS, notices and orders of the City of Bakersfield Building Department,
as provided in Chapter 8.80 of the Bakersfield Municipal Code, were provided to the
record owners of the aforementioned properties; and
WHEREAS, this assessment proceeding was duly noticed and a public hearing
held on August 10, 2015, in City Hall North Conference Room B of the City of Bakersfield by
the City Manager designee; and
WHEREAS, the City Manager designee has reviewed materials concerning the
properties, the abatements and the assessments and has approved the assessments of the
parcels;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield:
1. That the Chief Code Enforcement Officer caused work to be
performed by contractors for removal of public nuisances and submitted and filed with the
City Clerk a Report and Assessment List which describes the costs incurred by the City to
abate such public nuisances and which is attached hereto as Exhibit "A ", and made a part
hereof by this reference.
2. The costs incurred and described in the Report and Assessment list,
attached hereto as Exhibit "A" are hereby confirmed.
3. The cost of the abatement on the properties as described in Exhibit
"A ", are hereby made a lien and special assessment against said properties and the Chief
Code Enforcement Officer is directed to notify the property owner of and record the lien
created herein as required under Government Code Section 38773.1 (b) -(c).
4. The assessments enumerated herein are not subject to Proposition 218.
5. That the City Attorney is hereby authorized to commence any action
necessary for collecting the sum due including foreclosure on the lien established herein as
provided for in Government Code Section 38773.1 (c).
6. That the property owners named in said Exhibit "A" may pay, or cause
to be paid, the charges stated therein at the office of the Treasury Department, 1715
Chester Avenue, Bakersfield, California, at any time prior to the time the lien imposed
912115 CC A EN A PACKET PAGE 164
under Government Code Section 38773.1 and Bakersfield Municipal Code Section 8.80.190
is foreclosed or placed on the property tax rolls for collection as described in paragraph 7
below.
7. At the discretion of the City Attorney, and in the event such charges
assessed and confirmed against the property as listed in Exhibit "A" are not paid in full prior
to collection or foreclosure, such special assessment or balance due remaining thereof,
may be entered and extended on the property tax roll, and pursuant to law, the County
tax collector shall include such amounts on the tax bill applicable to the property for
collection therein.
---- - - - - -- 000---- - - - - --
HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on
, by the following vote:
AYES: COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
APPROVED
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
BY:
RICHARD IGER
Associate City Attorney
ROBERTA GAFFORD, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
OA
912115 CC A EN A PACKET PAGE 16.E
EXHIBIT "A"
REPORT AND ASSESSMENT LIST
AND DECLARATION OF
WANDA NEAL IN SUPPORT THEREOF
In the matter of the properties listed in the attached Exhibit "A ":
I, Wanda Neal, declare:
1. I am the duly appointed Code Enforcement Supervisor of the City of Bakersfield,
California. I am making this declaration pursuant to Chapter 8.80 of the Bakersfield Municipal
Code.
2. As provided by Chapter 8.80 of the Bakersfield Municipal Code and pursuant to
an order of the Building Director, the Code Enforcement Division removed the public nuisances
on the properties listed in Exhibit "A" which is attached hereto and made a part hereof by this
reference in June and July 2015. The costs incurred by the City to remove the public nuisances
for each respective property set forth herein are also stated in the attached Exhibit "A ".
3. Records of the Bakersfield Building Department reflect that on
July 17, 2015 a copy of Notice of Filing Report and Assessment List for Abatement of Condition
Constituting Public Nuisance and of Hearing Thereon was mailed to the owners of the properties
and /or posted.
4. The foregoing matters are within my personal knowledge and if called as a
witness herein, I could and would competently testify thereto.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Executed this 14th day of August 2015, at Bakersfield, California.
Wanda Neal
Code Enforcement Supervisor
912115 CC AGENDA PACKET FACE 166
08/10/2015
EXHIBIT "A"
REPORT AND ASSESSMENT LIST FOR STRUCTURES
THAT HAVE BEEN SECURED AGAINST ENTRY
OR DECLARED SUBSTANDARD OR FOR
ABATEMENT OF CERTAIN WEEDS, DEBRIS AND WASTE MATTER
APN
PROPERTY ADDRESS
PROPERTY OWNER
COST TO
ADMIN
TOTAL
DO WORK
COST
COST
1. 023 - 282- 04 -00 -5
2516 Agate Street
Donna Douglas
$275
$650
$925
PO Box 41855
15 -3236
Bakersfield, CA 93384
2. 008 - 192- 13 -00 -4
2110 Bank Street
Harolyn Johnson
$0
$115
$115
PO Box 9724
15 -3785
Bakersfield, CA 93389
3. 372 - 062- 10 -00 -3
2628 Bernice Drive
Mariella Pena
$140
$650
$790
2628 Bernice Drive
15 -1836
Bakersfield, CA 93304
4. 516 - 031- 44 -00 -4
6580 Betty Street
Jesus Martinez
$0
$115
$115
5108 Brockton Court
15 -1954
Bakersfield, CA 93309
5. 011-121-16-00-9
314 Brink Drive
Jack Haddad &
$0
$325
$325
Nuha Haddad
12057 Louise Avenue
15 -3278
Granada Hills, CA 91344
6. 016- 430- 04 -00 -2
507 Butte Street
Mabel Eliassen
$139
$650
$789
249 Scenic
15 -2079
Piedmont, CA 94611
7. 007 - 021- 13 -00 -0
2601 California
Donald Hazelton &
$0
$115
$115
Avenue
Beatrice Hazelton
3800 Casey Court
15 -4156
Bakersfield, CA 93309
8. 412- 243- 20 -00 -2
1421 Canyon Court
Christy Madden
$0
$115
$115
1421 Canyon Court
15 -2497
Bakersfield, CA 93307
9. 170- 232- 03 -00 -0
804 Casino Street
Rosa Gonzalez
$0
$300
$300
804 Casino Street
14 -3814
Bakersfield, CA 93307
10. 006 - 021- 08 -00 -9
1800 Chester Avenue
Opus Dean LLC
$0
$115
$115
8606 Exodus Lane
15 -1607
Bakersfield, CA 93312
11. 526 - 204- 01 -00 -2
9903 Cheyenne Drive
Rafael Figueroa &
$325
$650
$975
Rachael Figueroa
9903 Cheyenne Drive
15 -2751
Bakersfield, CA 93312
12. 021- 352- 23 -00 -6
3013 Cornell Street
Henry Madison Jr &
$175
$650
$825
Linda Kay Madison
3013 Cornell Street
15 -2682
Bakersfield, CA 93305
13. 170- 280- 05 -00 -7
2611 Cottonwood
Alicia Vasquez Living Trust
$98
$650
$748
Road
416'/2 Jefferson Street
15-2115
Bakersfield, CA 93305
14. 008 - 075- 23 -00 -9
208 Cypress Street
Cara Cumberland
$0
$115
$115
208 Cypress Street
15 -2152
Bakersfield, CA 93304
15. 022 - 302- 31 -00 -1
3217 Dore Drive
Lee Huggins
$450
$650
$1,100
5405 Warwick Place
15 -3375
Bakersfield, CA 93309
912115 CC A EN A PACKET PAGE 167
Page 2 of 4
APN
PROPERTY ADDRESS
PROPERTY OWNER
COST TO
ADMIN
TOTAL
DO WORK
COST
COST
16. 022 - 131- 13 -00 -3
1405 Dorian Drive
Lachmann Singh Gill &
$0
$325
$325
Jaswinder Karr
1405 Dorian Drive
15 -2629
Bakersfield, CA 93304
17. 019-181-11-00-8
305 Dr Martin Luther
Alexander Hawatmeh
$148
$650
$798
King Jr Blvd
PO Box 378
15 -3032
Lincoln City, OR 97367
18. 018- 420- 03 -00 -0
328 Dr Martin Luther
Legin Inc
$50
$650
$700
King Jr Blvd
11701 Buffington Street
15 -3030
Bakersfield, CA 93312
19. 019 - 101- 21 -00 -3
521 Dr Martin Luther
Michael Edwards
$50
$650
$700
King Jr Blvd
1009 R Street
15 -3045
Bakersfield, CA 93304
20. 522 - 311- 21 -00 -3
710 Emerald Park
Ismael Vargas &
$0
$300
$300
Court
Lourdes Vargas
710 Emerald Park Court
14 -998
Bakersfield, CA 93311
21. 371 -143- 11 -00 -9
3716 Harris Road
Maximiliano Saldana
$0
$300
$300
3716 Harris Road
13 -9671
Bakersfield, CA 93313
22. 383 - 212- 18 -00 -0
3412 Harvard Drive
Michel Gallegos
$268
$650
$918
1225 Vienna Drive Sp 54
15 -2681
Sunnyvale, CA 94089
23. 023 - 143- 19 -00 -5
1804 Hodges Avenue
Wells Fargo
$580
$650
$1,230
8950 Cypress Waters Blvd
15 -2806
Co ell, TX 75019
24. 392 - 224- 43 -00 -5
9101 Hoxie Court
Joseph Cabral &
$0
$325
$325
Lillian Cabral
9101 Hoxie Court
15-1154
Bakersfield, CA 93311
25. 025-113-16-00-1
1309 Hub Avenue
William Reyna &
$0
$325
$325
Barbara Reyna
10347 Babbitt Avenue
15 -3690
Granada Hills, CA 91344
26. 120 - 110- 15 -00 -1
3604 K Street
Roy Wooster
$1,140
$650
$1,790
807 Iris Street
15 -2816
Bakersfield, CA 93308
27. 015- 390- 15 -00 -6
1 106 Kentucky Street
Lawrence Martin &
$110
$650
$760
Veronica Martin
920 Wilcox Ave Apt 105
15 -3298
Los Angeles, CA 90038
28. 015 - 410- 06 -00 -5
1330 Kentucky Street
Hidden Assistance Inc
$0
$325
$325
23890 Copperhill Drive # 176
14 -3848
Valencia, CA 91354
29. 168 - 171- 06 -00 -8
111 S Kincaid Street
Jose Estrada &
$0
$115
$115
Aida Martinez
1 1 1 S Kincaid Street
15 -856
Bakersfield, CA 93307
30. 010- 260- 03 -00 -8
231 L Street
Brad Powell
$0
$115
$115
8641 Acacia Drive
15 -1778
Cypress, CA 90630
31. 494 - 570- 15 -00 -1
9611 Lake Powell
Gary Sandhu &
$0
$325
$325
Drive
Arlena Menda
1004 S Summer Breeze Lane
15 -1635
Anaheim Hills, CA 92808
912115 CC A EN A PACKET PAGE 168
Page 3 of 4
APN
PROPERTY ADDRESS
PROPERTY OWNER
COST TO
ADMIN
TOTAL
DO WORK
COST
COST
32. 169- 050- 07 -00 -6
104 Madison Street
Raul Gonzales
$175
$650
$825
2909 Linden Avenue
15 -2059
Bakersfield, CA 93305
33. 170 -142- 16 -00 -2
806 Melwood Street
Jose Morales &
$0
$325
$325
Marina Morales
806 Melwood Street
14 -5495
Bakersfield, CA 93307
34. 001 - 381- 17 -00 -5
3212 Mulberry Drive
George Mueller
$0
$325
$325
3212 Mulberry Drive
15 -2784
Bakersfield, CA 93301
35. 526 - 244- 08 -00 -5
4804 Native Dancer
Sun Hoi Yang
$850
$650
$1,500
Drive
4804 Native Dancer Drive
15 -1774
Bakersfield, CA 93312
36. 014- 080- 02 -00 -1
509 Niles Street
Hilda Roberts
$144
$650
$794
12 Baker Lane
15 -1699
Goleta, CA 93117
37. 012 - 170- 08 -00 -1
318 Oregon Street
Arlee Hall & Jennifer Hall
$1,020
$650
$1,670
3105 Hidden Oaks Drive
15 -1480
Bakersfield, CA 93306
38. 005 - 191- 05 -00 -3
2316 P Street
Olivia Behill
$0
$115
$115
210 Wood Street
15 -2436
Bakersfield, CA 93307
39. 007 - 081- 10 -00 -9
2200 Park Way
Brad Bello
$0
$115
$115
636 Parkrose Avenue
15 -2186
Monrovia, CA 91016
40. 022 - 320- 12 -00 -8
3120 Parkland Court
GMB Rental Properties Inc
$0
$115
$115
644 Belle Terrace Suite 9
15 -313
Bakersfield, CA 93307
41. 170 - 180- 01 -00 -6
1100 E Planz Road
Crespin Garcia &
$300
$650
$950
Virginia Garcia
1 127 3rd Street
15 -1444
Bakersfield, CA 93304
42. 394 - 481- 03 -00 -8
10217 Pyramid Peak
David Ludford &
$0
$300
$300
Drive
Shirley Ludford
10217 Pyramid Peak Drive
14-110
Bakersfield, CA 93311
43. 011- 102- 14 -00 -4
1416 Richland Street
Harolyn Johnson
$0
$325
$325
PO Box 9724
15 -3718
Bakersfield, CA 93389
44. 451- 462- 10 -00 -5
8521 Rollingbay Drive
Nader Dev Inc
$0
$325
$325
173 W Cherry Avenue
14 -8716
Porterville, CA 93257
45. 522 - 191- 03 -00 -7
14200 San Jose
Eduardo Canul &
$200
$650
$850
Avenue
Diana Canul
14200 San Jose Avenue
15 -2802
Bakersfield, CA 93314
46. 016- 070- 10 -00 -5
729 Sumner Street
Telemarketing Comm Inc
$0
$325
$325
1528 Chapala Street
15 -2078
Santa Barbara, CA 93101
47. 010- 052- 20 -00 -0
224 T Street
Letitia Mc Clendon
$0
$325
$325
102 Watts Street
14 -8650
N Tazewell, VA 24630
48. 371 - 291- 03 -00 -6
4304 Thatch Avenue
Jesus Cazares &
$0
$115
$115
Antonia Serrano
4304 Thatch Avenue
15 -2630
Bakersfield, CA 93313
912115 CC A EN A PACKET PAGE 169
Page 4 of 4
APN
PROPERTY ADDRESS
PROPERTY OWNER
COST TO
ADMIN
TOTAL
DO WORK
COST
COST
49. 412- 213- 18 -00 -8
5309 Tupper Court
Robby Ellis
$0
$325
$325
1708 Esplanade Apt 3
15 -3133
Redondo Beach, CA 90277
50. 018- 320- 06 -00 -0
118 Tyree Toliver
Barnett Benford &
$0
$325
$325
Street
Lena Benford
18026 N Midvale Av Apt 320
15 -2623
Shoreline, WA 98133
51. 409 - 602- 03 -00 -6
702 Vermillion Drive
Richmond Tanada &
$0
$325
$325
Janis Ordangez
2922 10'" Avenue
15 -1841
Arcadia, CA 91006
52. 381 - 135- 08 -00 -5
3013 Victoria Way
Leonid Koff
$0
$325
$325
3013 Victoria Way
15 -3714
Bakersfield, CA 93309
53. 172- 070- 20 -00 -3
1501 E White Lane
Uphill Invs LLC
$0
$325
$325
PO Box 70427
15 -2955
Bakersfield, CA 93387
54. 403 - 012- 04 -00 -6
3301 Wible Road
Bathinda Enterprises Inc
$119
$650
$769
1800 Brundage Lane Ste D
15 -2773
Bakersfield, CA 93304
55. 010- 032- 01 -00 -9
441 15' Street
Antoinique Tarver
$0
$325
$325
441 151 Street
15 -3847
Bakersfield, CA 93304
56. 139- 022- 04 -00 -3
806 E 1 1'" Street
Francisco De Luna &
$145
$650
$795
Maria De Luna
4600 Mesa Drive
15 -2834
Bakersfield, CA 93306
912115 CC A EN A PACKET PAGE 17
enaif
MEETING DATE: 9/2/2015 CONSENT -Resolutions g.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: 8/13/2015
VI %1 N 13
SUBJECT: Resolution Adopting Sewer Connection Fees Pursuant to Section
14.12.380 of the Municipal Code.
STAFF RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
The Bakersfield Municipal Code (BMC) authorizes sewer service and connection fees to be
established each year by resolution. The Council established the annual user fees and
charges for the 2015 -16 fiscal year on June 3, 2015 by way of Resolution No. 70 -15.
The current Sewer Connection fee of $4,000 per single family dwelling unit has been in effect
since July 1, 2010 and was established at this level by Council Resolution No. 159 -06
(June 2006). The connection fees have remained at the current level for several years, most
recently confirmed by Council Resolution 081 -14 (June 2014). The Sewer Connection
fees are a one -time fee collected at the same time building permit fees are paid.
Sewer connection fees are an integral part of the Wastewater Revenue flow of funds and a
major component of enterprise revenues pledged for debt service payments. Given the recent
refinancing of the 2007 Wastewater Revenue Bonds staff is requesting to confirm the existing
connection fee structure as a necessary component of the Wastewater Revenue program.
Staff is recommending the sewer connection fees remain at its current levels; thus no
increases are being proposed at this time. The sewer connection fees collected each year are
used to help pay the annual debt service of the wastewater enterprise. The 2015 -2016
proposed budget estimates $5 million of connection fees will be collected and applied toward
the estimated $15 million of wastewater enterprise debt service. The balance of the debt
service will be paid with other revenues of the wastewater enterprise, including residential and
commercial user fees.
ATTACHMENTS:
Description Type
connection fee resolution 1Rcw; alkali lrl
912115 CC AGENDA PACKET PAGE 171
RESOLUTION NO.
A RESOLUTION ADOPTING SEWER CONNECTION FEES
PURSUANT TO SECTION 14.12.380 OF THE
BAKERSFIELD MUNICIPAL CODE.
WHEREAS, Section 14.12.380 of the Bakersfield Municipal Code (BMC)
authorizes the establishment each fiscal year of sewer service and connection
fees sufficient for the City to recover the reasonable costs of providing sewer
connection services, which include the costs associated with and necessitated
by the upgrading and expansion of sewer facilities; and
WHEREAS, in 2007 the City upgraded and expanded Sewer Treatment
Plant #3 from 16 MGD capacity (mgd - million gallons daily) to 32 MGD
capacity, including some upgrades to existing capacity processing and
procedures; and
WHEREAS, the City financed the 2007 upgrade and expansion project
improvements, in whole or in part, with Sewer Revenue Bonds in the principal
amount of $234,425,000; and
WHEREAS, the City Council adopted Resolution No. 70 -15 on June 3, 2015
establishing various sewer user fees and charges for the 2015 -16 fiscal year; and
WHEREAS, in July 2015 the City refinanced a large portion of the existing
Sewer Revenue Bond debt to take advantage of lower market rates and
reduce annual debt service costs of the enterprise; and
WHEREAS, the City debt repayment of the Sewer Revenue Bonds is
dependent upon Sewer Connection Fee revenues as one of the major
enterprise revenue sources pledged for debt repayments scheduled until the
year 2034; and
WHEREAS, the sewer connection fees set forth in Exhibit "A" attached
hereto and incorporated by reference as though fully set forth herein, do not
exceed the reasonable estimated cost of providing the services for which the
fees are charged; and
WHEREAS, the fees shall be due and payable upon application for a
building permit or permit to connect an existing building to the City sewer
system.
-- Page 1 of 3 Pages --
9/2/15 CC AGENDA PACKET PAGE 172
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
1. The above recitals and findings are true and correct;
2. The Sewer Connection Fees under Section 14.12.380 of the Bakersfield
Municipal Code are hereby adopted and shall become effective on
the dates and in the amounts set forth in Exhibit "A ", attached hereto.
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
COUNCIL MEMBER
COUNCIL MEMBER
COUNCIL MEMBER
HARVEY L. HALL, MAYOR
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
VIRGINIA GENNARO
CITY ATTORNEY
JIM
JOSHUA H. RUDNICK
Deputy City Attorney II
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 3 Pages --
9/2/15 CC AGENDA PACKET FACE 173
EXHIBIT "A"
I. CONNECTION CHARGES
All new connections or new fixture units connected to the City sewer
system will require payment of a sewer connection charge. Any
individual, firm, company or corporation making such connection shall
pay the charge at the time the building permit is issued in accordance
with the following:
(A) Single family dwellings or units in multiple family dwellings with 14 or
less fixture units (including shared fixtures in multiple unit complexes)
as per Uniform Building Code and with two (2) bedrooms or less.
(B) Equivalency factor shall be 1.0 for all uses excepting markets,
mortuaries, restaurants /coffee shops, food service shops and
bakeries which uses shall have an equivalency factor of 2.0.
To determine the total connection charge, multiply the number of
fixture units (as per Uniform Plumbing Code) by the per fixture
charge and that answer by the equivalency multiplier.
The equivalency multiplier adjusts for loadings greater or less than
the residential loadings.
II. TIMING AND BASIS
The sewer connection charge is to be paid prior to issuance of a
building permit, and will be based on the current adopted charges at
the time of issuance of the permit.
Fixture Units shall be as defined in the Uniform Plumbing Code.
-- Page 3 of 3 Pages --
9/2/15 CC AGENDA PACKET FACE 17
Single
Multiple
Dwellings with
Per Fixture Unit
Family
Family
14 or Less
for Commercial
Effective Date
Dwellings
Dwellings
Fixture Units A
or Industrial B
July 1, 2014
$4,000
$2,880
$2,545
$182
July 1, 2015
$4,000
$2,880
$2,545
$182
(A) Single family dwellings or units in multiple family dwellings with 14 or
less fixture units (including shared fixtures in multiple unit complexes)
as per Uniform Building Code and with two (2) bedrooms or less.
(B) Equivalency factor shall be 1.0 for all uses excepting markets,
mortuaries, restaurants /coffee shops, food service shops and
bakeries which uses shall have an equivalency factor of 2.0.
To determine the total connection charge, multiply the number of
fixture units (as per Uniform Plumbing Code) by the per fixture
charge and that answer by the equivalency multiplier.
The equivalency multiplier adjusts for loadings greater or less than
the residential loadings.
II. TIMING AND BASIS
The sewer connection charge is to be paid prior to issuance of a
building permit, and will be based on the current adopted charges at
the time of issuance of the permit.
Fixture Units shall be as defined in the Uniform Plumbing Code.
-- Page 3 of 3 Pages --
9/2/15 CC AGENDA PACKET FACE 17
enaif
MEETING DATE: 9/2/2015 Consent -Resolutions h.
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: 8/20/2015
1TI %1 N 13
SUBJECT: Resolution vacating Resolution No. 108 -12, which certified the Final
Environmental Impact Report (SCH #2011021042) for the Kern River
Flow and Municipal Water Program.
STAFF RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The Kern River Flow and Municipal Water Program ( "Program ") is a multi- objective flow
management and water supply program. The primary objective is to allow substantial
quantities of water to flow in the Kern River channel to protect, increase, and enhance the
City's water supply. The source of the water for the Program would be water accruing to the
City's pre -1914 appropriative Kern River water rights, and additional unappropriated surplus
Kern River water. Water flowing the in the Kern River would provide multiple benefits to the
City and its residents, before the water is ultimately used to satisfy the City's municipal water
demand within its boundaries.
On September 26, 2012, the City Council of the City of Bakersfield adopted Resolution 108 -12,
which certified the Final Environmental Impact Report SCH # 2011021042 ( "Final EIR "),
adopted a Statement of Facts and Findings, and adopted a Statement of Overriding
Considerations for the Program.
The adequacy of the Final EIR was challenged in a lawsuit entitled North Kern Water Storage,
et al v. City of Bakersfield, Tulare County Superior Court Case No. VCU251748 [consolidated
with Case Nos. VCU251598 and VCU251535]. On July 6, 2015, the Tulare County Superior
Court issued a Judgment Granting Peremptory Writ of Mandate requiring the City to set aside
its certification of the Final EIR ( "Writ of Mandate ").
In compliance with the Writ of Mandate, the City wishes to vacate Resolution No. 108 -12.
ATTACHMENTS:
Description Type
D Resolution Vacating Resolution No. 108 -12 1=�esolklfi lrl
912115 CC AGENDA PACKET FACE 175
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD VACATING RESOLUTION NO. 108 -12,
WHICH CERTIFIED THE FINAL ENVIRONMENTAL IMPACT
REPORT (SCH NO. 2011021042) FOR THE KERN RIVER
FLOW AND MUNICIPAL WATER PROGRAM.
WHEREAS, the proposed Kern River Flow and Municipal Water Program
( "Program ") is a multi- objective flow management and water supply program.
The primary objective is to allow substantial quantities of water to flow in the
Kern River channel to protect, increase, and enhance the City's water supply;
and
WHEREAS, on September 26, 2012, the City Council of the City of
Bakersfield ( "City ") adopted Resolution No. 108 -12, which certified the Final
Environmental Impact Report SCH # 2011021042 ( "Final EIR "), adopted a
Statement of Facts and Findings, and adopted a Statement of Overriding
Considerations for the Program; and
WHEREAS, the adequacy of the Final EIR was challenged in a lawsuit
entitled North Kern Water Storage District, et al v. City of Bakersfield, Tulare
County Superior Court Case No. VCU251748 [consolidated with Case Nos.
VCU251598 and VCU251535]; and
WHEREAS, on July 6, 2015, the Tulare County Superior Court issued a
Judgment Granting Peremptory Writ of Mandate requiring the City to set aside
and vacate its certification of the Final EIR ( "Writ of Mandate "); and
WHEREAS, in compliance with the Writ of Mandate, the City wishes to set
aside Resolution No. 108 -12.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield as follows:
1. The above recitals are true and correct.
2. Resolution 108 -12, which certified the Final EIR, adopted a
Statement of Facts and Findings, and adopted a Statement of Overriding
Considerations, is hereby vacated and declared void as required by the Writ of
Mandate.
211�11
C: \Program Files ( X86 ) \Neevio.Com \Docconverterpro\ Temp\ NVDC\ 6E55A2CC -C1 D8-4F54-AE8A-6AC31662D57D\Pdfconvert.3546.1.Vac_Reso_108-
12-EIR-Kern-River Flow.Docx
-- Page 1 of 2 Pages --
9/2/15 CC AGENDA PACKET FACE 176
HEREBY CERTIFY that the foregoing Resolution was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES:
COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER
NOES:
COUNCILMEMBER
ABSTAIN:
COUNCILMEMBER
ABSENT:
COUNCILMEMBER
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
JIM
RICHARD IGER
Deputy City Attorney
RIAII
ROBERTA GAFFORD, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
C: \Program Files ( X86 ) \Neevio.Com \Docconverterpro\ Temp\ NVDC\ 6E55A2CC -C1 D8-4F54-AE8A-6AC31662D57D\Pdfconvert.3546.1.Vac_Reso_108-
12 EIR Kern River Flow.Docx
-- Page 2 of 2 Pages --
9/2/15 CC AGENDA PACKET FACE 177
enaif
MEETING DATE: 9/2/2015 Consent -Resolutions i.
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: 8/20/2015
1TI %1 N 13
SUBJECT: Resolution vacating Resolution No. 029 -14, which certified Final
Environmental Impact Report (SCH #2008041070) and approved the
24th Street Improvement Project.
STAFF RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
On February 12, 2014, the City Council approved the 24th Street Widening Project, selecting
the widen -to- the -north alternative, and certified the Final Environmental Impact Report ( "Final
EIR ") for the project (Resolution No. 029 -14). A community group, Citizens Against the 24th
Street Widening Project, legally challenged the adequacy of the Final EIR and the validity of
the project's approval in Kern County Superior Court (Citizens Against the 24th Street
Widening Project v. City of Bakersfield, et al, Case No. S- 1500 -CV- 281556, KCT).
After evaluating the parties' briefs and legal argument, the court decided that the Final EIR
failed to (1) adequately explain why eight alternatives initially considered for the project (i.e.
depressed roadway, frontage road, widening both sides of 24th Street, etc.) were eliminated
from further evaluation as project alternatives, and (2) include the cul -de -sacs that were added
on the south side of 24th Street, after the Draft EIR was circulated, in the EIR's project
description. The court ordered that the City provide additional information and analysis in the
EIR to cure the deficiencies identified and set aside and void its certification of the Final EIR
and the Project Approval.
The attached resolution vacates Resolution No. 029 -14 as required by the court. Staff, with
the assistance of the City's retained consultant, will be working aggressively to cure the
deficiencies outlined by the court and will bring the project back before the Council once the
additional disclosure and analysis, in compliance with CEQA, is complete.
ATTACHMENTS:
Description Type
Resolution Vacating 1=�esollautblrl
912115 CC AGENDA PACKET PAGE 178
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD VACATING RESOLUTION NO. 029 -14,
WHICH CERTIFIED FINAL ENVIRONMENTAL IMPACT
REPORT (SCH #2008041070) AND APPROVED THE 24TH
STREET IMPROVEMENT PROJECT.
WHEREAS, on February 12, 2014, the City Council of the City of Bakersfield
( "City ") adopted Resolution No. 029 -14, which certified Final Environmental
Impact Report SCH #2008041070 ( "Final EIR "), adopted, subject to mitigation
measures, a Statement of Facts and Findings, a Statement of Overriding
Considerations, and a mitigation monitoring program, and approved the 241h
Street Widening Project with the selection of Alternative 1 (widening to the
north) as the preferred project alternative (collectively, "Project Approval "); and
WHEREAS, the adequacy of the Final EIR and the validity of the Project
Approval were challenged in a lawsuit entitled Citizens Against the 24th Street
Widening Project v. City of Bakersfield, et al, Kern County Superior Court Case
No. S- 1500 -CV- 281556, KCT; and
WHEREAS, the Kern County Superior Court will be issuing a Peremptory Writ
of Mandate requiring the City to set aside and void its certification of the Final
EIR and the Project Approval (`Writ of Mandate ") and ordering that City provide
additional information and analysis in the environmental document that clearly
discloses the reasons for selecting potentially - feasible alternatives, adequately
analyzes and discusses whether or not each of the potentially - feasible
alternatives satisfies at least one of the four threshold criteria under CEQA
Guidelines Section 15126.6, and analyzes the additional cul -de -sacs requested
by the public as a part of the project, including a description of any new
impacts on visual and historic resources ; and
WHEREAS, in compliance with the Writ of Mandate, City wishes to vacate
and void Resolution No. 029 -14.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield as follows:
1. The above recitals are true and correct.
2. Resolution No. 029 -14, which certified the Final EIR and adopted the
Project Approval, is hereby vacated and declared void as required by the Writ
of Mandate.
- -- 000---- - - - - --
- Page 1 of 2 Pages -
912115 CC AGENDA PACKET FACE 179
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:
YES:
NOES:
ABSTAIN
ABSENT:
I:
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
En
ANDREW HEGLUND
Deputy City Attorney
AH:dll
S; \C0UNCIL \Resos \15-16 \Reso Vacating Reso 029 - 1424th St.Docx
ROBERTA GAFFORD, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
- Page 2 of 2 Pages -
912115 CC ACEN A PACKET FACE 18
enaif
MEETING DATE: 9/2/2015 Consent - Resolutions j.
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Public Works Director
DATE: 7/28/2015
1TI %1 N 13
SUBJECT: Resolution determining that Autoscope Rack Vision Terra Video
Detection Systems cannot be obtained through the usual bidding
procedures because of the need to integrate said systems into existing
traffic signal infrastructure and authorizing the Finance Director to
dispense with bidding therefore, not to exceed $90,000 for FY 2015/16.
STAFF RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Econolite Autoscope Model 2020 Video Detection Systems are installed at 32 signal - controlled
intersections within the City of Bakersfield. Each of these video detection systems are
comprised of a processing unit, two to four vehicle detection cameras, power and video
cabling. These video detection systems have been in use since 2002.
Econolite Control Products, Inc. discontinued production of the Autoscope Model 2020 and no
longer provides service or support for the 2020 unit.
Econolite has replaced the Autoscope Model 2020 with the Autoscope Rack Vision Terra
Video Detection System. It is more cost effective to upgrade the existing system than to
replace the entire infrastructure for these 32 signal - controlled intersections. Staff proposes to
replace the Autoscope 2020 processing systems over a multi -year period with the new
Terra System. The Terra System is a Windows -based system and has four processing units
which will allow faster response to traffic and a better fog recognition algorithm, thus facilitating
better traffic flow through the City's traffic grid. The City currently has 42 signalized
intersections with Terra Video Detection Systems. This purchase will enable the replacement
of 6 video detection systems at various intersections within the City. Each of the systems that
are being replaced consists of 4 color video detection cameras and 4 video detection
modules. The existing power and video cabling as well as the camera mounts, and video
isolation protection systems can all be reutilized with the new systems.
This Resolution authorizes the Finance Director to dispense with bidding because of the need
to integrate the purchase of six Autoscope Rack Vision Terra Video Detection Systems into the
existing Autoscope system. Econolite Control Products, Inc is the sole distributor of
the Autoscope Rack Vision Terra Video Detection Systems.
912115 CC AGENDA PACKET PA GE 181
The FY 2015/16 Adopted CIP budget includes funds to replace six of the units. Capital Outlay
funds provide the funding source for this purchase.
ATTACHMENTS:
Description
D Resolution
D Quote for Autoscope Rack Vision Detection System
Type
F�esoklfiblrl
BaCkUa p 1Mateid4l
912115 CC AGENDA PACKET PAGE 182
RESOLUTION NO.
A RESOLUTION DETERMINING THAT AUTOSCOPE
RACK VISION TERRA VIDEO DETECTION SYSTEMS
CANNOT BE OBTAINED THROUGH THE USUAL
BIDDING PROCEDURES BECAUSE OF THE NEED TO
INTEGRATE SAID SYSTEMS INTO EXISTING TRAFFIC
SIGNAL INFRASTRUCTURE AND AUTHORIZING THE
FINANCE DIRECTOR TO DISPENSE WITH BIDDING
THEREFORE, NOT TO EXCEED $90,000 FOR FY
2015/16
WHEREAS, the City of Bakersfield has the Econolite Autoscope Model 2020
Video Detection System installed at 32 signal - controlled intersections; and
WHEREAS, a portion of this system (specifically, processing unit, cameras,
and associated auxiliary equipment) is obsolete and no longer supported or
serviced by Econolite Control Products, Inc. (manufacturer); and
WHEREAS, the manufacturer has replaced the obsolete video detection
equipment with the Autoscope Rack Vision Terra Video Detection System; and
WHEREAS, the Autoscope Rack Vision Terra Video Detection System is a
Windows -based system, with additional, upgraded processing units for faster
response to traffic and an upgraded fog recognition algorithm; and
WHEREAS, it is more cost effective to upgrade the processing unit,
cameras, and associated auxiliary equipment than to replace the entire
infrastructure for these 32 traffic signals; and
WHEREAS, equipment compatible with Autoscope Traffic Signal Video
Detection System is only available from Econolite Control Products, Inc.; and
WHEREAS, the City proposes to replace the obsolete video detection
equipment over several years, commencing in FY 2015/16; and
WHEREAS, the FY 2015/16 Adopted CIP budget includes $90,000 to
upgrade six of the units; and
WHEREAS, the Public Works Director recommends the Council find said
Autoscope Rack Vision Terra Video Detection System can only be reasonably
obtained from Econolite Control Products, Inc, and because of the need to
integrate the product into an existing system, recommends the Council dispense
with bidding, in accordance with subsection D.2 of Section 3.20.060 of the
C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \OOA5E8D5 -5DB3- 4616 -9B3C-
14C2158CEE26 \PDFConvert. 3543.1. Resolution_ - Purchase _of_Econolite_Autoscope_ Traffic_ Signal _Viedeo_Detection_Systems.doc
- Page 1 of 3 Pages -
912115 CC AGENDA PACKET FACE 183
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 the purchase of the six
Autoscope Rack Vision Terra Video Detection Systems can only be
reasonably obtained from one vendor (Econolite Control Products,
Inc) because of the necessity to successfully integrate such
equipment into the existing Autoscope Model 2020 Video Detection
System.
3. The Finance Director is authorized to dispense with bidding and to
negotiate the purchase of same, not to exceed $90,000.
C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \OOA5E8D5 -5DB3- 4616 -9B3C-
14C2158CEE26 \PDFConvert. 3543.1. Resolution_ - Purchase _of_Econolite_Autoscope_ Traffic_ Signal _Viedeo_Detection_Systems.doc
- Page 2 of 3 Pages -
912115 CC AGENDA PACKET FACE 18
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:
En
COUNCIL MEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON
COUNCIL MEMBER
COUNCIL MEMBER
COUNCIL MEMBER
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
ANDREW HEGLUND
Deputy City Attorney
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \OOA5E8D5 -5DB3- 4616 -9B3C-
14C2158CEE26 \PDFConvert. 3543.1. Resolution_ - Purchase _of_Econolite_Autoscope_ Traffic_ Signal _Viedeo_Detection_Systems.doc
- Page 3 of 3 Pages -
912115 CC AGENDA PACKET FACE 185
July 27, 2015
City of Bakersfield
4 101 Truxtun Ave.
Bakersfield, CA 93309
RE: Autoscope Cameras & Components
To Whom It May Concern:
Please accept this letter as notification that Econolite, located at 3360 La Palma Ave., Anaheim,
CA 92806, is the sole source for all Manufacturing, Sales and Repair Services for the Autoscope
line of products. This includes the Autoscope 2004, Autoscope Rack Vision, Autoscope Solo
Pro, Autoscope Solo Terra, Autoscope Encore, and Autoscope Duo product lines and
components. Please feel free to contact me direct should you need any further information in
regards to this matter.
Sincerely,
J�
Linsey Jimenez
Econolite
Customer Service Supervisor
3360 E. La Palma A\/e� Anaheim, CA 92806-2856 � PH- (714) 630 -3700 * FAX: (714) 630-5120
P.O. Box 6150 o Anaheim, CA 92816-0150 * v�m/w.econolite.com,
912115 CC AGENDA PACKET PAGE 186
Of
Quote
Date: July 24, 2015
To
M, r.
Bakersfield, CA; City of Re: Budgetary Estimate to Replace 2020's
4101 Truxtun Avenue with RackVision Terra
Bakersfield, CA 93309 Econolite Reference: Q- 11982 -F3N0
Attn: Peter Martin
PRICE REFLECTS A 40% TRADE IN DISCOUNT TO REPLACE 2020 VIDEO SYSTEM
PRICES GOOD UNTIL DECEMBER 3, 2015
Item # Part #
Qty
Description
Price per
Extended
AIS4MCRZOOMUOS
26
AIS -IV Color Zoom Camera, MS-
$945.00
$24,570.00
connector
ASTC131-01
26
Cable Rv Terra I/F 120utputs
$26.00
$676.00
1 ARVTERRA1 E
26
RACKVISION TERRA CARD
$2,115.00
$54,990.00
SubTotal $80,236.00
Shipping & Handling*
Taxes. $6,017.70
TOTAL $86,253.70
RackVision Features
Vehicle detection, traffic data measurements
Dual Core Processor
Web server for using Internet Browser
Mouse n Monitor Capablilities
Note: Each product listed in this quotation is available for purchase separately at the itemized price listed.
Unless specifically requested or noted on this quotation, the product(s) quoted herein may or may not
comply with any Buy America requirements.
The information transmitted is intended only for the person or entity to which it is addressed and may
contain confidential and /or legally privileged material. Any review, retransmission, dissemination or
other use of, or taking of any action in reliance upon, this information by persons or entities other
than the intended recipient is prohibited except as required by law.
3360 E. La Palma Ave. Ar aheim, CA 92 Mjr)
Page 1 of 2
912115 CC A EN A PACKET PAGE 187
Quote
Quote Valid For: 90 DAYS
FOB: Econolite Factory
Terms: Net 30 days from date of shipment
*Shipping: Included
* *Taxes: Estimated
Tom Kirkland- Account Manager
tkirkland@econolite.com
Shipping Date: 4 weeks ARO, approved credit terms and submittal approval when applicable
3360 E. La Palma Ave. Anaheim. CA 02306
Page 2 of 2
912115 CC A GENDA PACKET PA GE 188
enaif
MEETING DATE: 9/2/2015 Consent -Resolutions k.
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Public Works Director
DATE: 8/13/2015
WARD: Ward(s) 1, 7
SUBJECT: Resolutions to add the following territories to the Consolidated
Maintenance District and approving, confirming, and adopting the
Public Works Director's Report for each:
1. Area 4 -138 (900 Dr. Martin Luther King, Jr. Boulevard)
2. Area 5 -79 (2200 Wible Road)
STAFF RECOMMENDATION:
Staff recommends adoption of the Resolutions.
BACKGROUND:
On August 12, 2015 the Council adopted Resolutions of Intention No. 1851 and 1852
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
- Recorder's Office upon approval of this Resolution.
ATTACHMENTS:
912115 CC AGENDA PACKET PAGE 189
Description
Reoo|uUonadding Area 4-138to the Consolidated
— Maintenance District
D K4D 4-138 Exhibit 1
D K4D 4-138 Exhibit
D K4D 4-138 Exhibit B
D K4D 4-138 Exhibit C
D K4D 4-138 Exhibit D
D K4D 4-138 Exhibit E
D K4D 4-138 Exhibit F
Resolution adding Area 5-70to the Consolidated
�
Maintenance District
• K4D 5-70 Exhibit 1
• K4D 5-70 Exhibit
• K4D 5-70 Exhibit B
• K4D 5-70 Exhibit
• K4D 5-70 Exhibit D
• K4D 5-70 Exhibit E
• K4D 5-70 Exhibit F
Type
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
912115 CC AGENDA PACKET PAGE 190
RESOLUTION NO.
A RESOLUTION ADDING TERRITORY, AREA 4 -138 (900 DR.
MARTIN LUTHER KING JR. BOULEVARD) 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 1)
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 -138, 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. 1851 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 -138, as shown and designated on that certain map entitled "Map
and Assessment Diagram for Addition of Territory, Area 4 -138 (900 Dr. Martin Luther King
Jr. Boulevard), to the Consolidated Maintenance District, Bakersfield, California," for this
C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \7E9CCD72 -54BC- 478E- 9D3B- C7547549F9B0\ PDFConvert .3489.1.Res_estab_CMD_4-
138. docx
Page 1 of 3
912115 CC AGENDA PACKET FACE 191
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 -138 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 2015 -2016 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 \7E9CCD72 -54BC- 478E- 9D3B- C7547549F9B0\ PDFConvert .3489.1.Res_estab_CMD_4-
138. docx
Page 2 of 3
912115 CC AGENDA PACKET FACE 192
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 \7E9CCD72 -54BC- 478E- 9D3B- C7547549F9B0\ PDFConvert .3489.1.Res_estab_CMD_4-
138. docx
Page 3 of 3
912115 CC AGENDA PACKET FACE 193
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4 -138
Fiscal Year 2015 -2016
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
generally described as the NWC of E. 9th Street and Dr. Martin Luther King Jr. 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
S:\PROJECTS\MAINDIST \Formation Documents \MD 4- 138 \PW DIRECTOR'S REPORT.docx
EXHIBIT 1
912115 CC AGENDA PACKET FACE 194
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
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 2015 -2016 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 4- 138 \PW DIRECTOR'S REPORT.docx
EXHIBIT 1
912115 CC AGENDA PACKET FACE 19.E
LEGAL DESCRIPTION
Area 4 -138
An area located in Section 32, Township 29, Range 28 M.D.B. & M., more
particularly described as follows:
S P R 14 -0474
900 Dr. Martin Luther King Jr. Blvd Bakersfield California
Containing: 0.33 Acres, more or less.
i *AV :ii:1111r_1
912115 CC AGENDA PACKET FACE 196
GSA RE N C -) (: -) N -ST
NOT TO SCALE
EXHIBIT "B" I
912115 CC E P C ET P E 197
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
912115 CC A G EN DA PA0l� i � E 198
MAINTENANCE DISTRICT AREA 4 -138
Said assessment is made in accordance with the benefit formula attached hereto.
2015 -2016
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
912115 GG AGENDA PACKET PAGE 199
Assessor's Tax No.
018- 061 -14 -005
Total
Date:
MAINTENANCE DISTRICT AREA 4 -138
ASSESSMENT ROLL
FISCAL YEAR 2015 -2016
Total amount to
be collected for
FY (2015 -2016)
$0.00
$0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
*: /:Il1.1ki4
912115 CC AGENDA PACKET FACE 200
Inclusion of a Subdivision into the Consolidated Maintenance District
Mohammed Alghazali
July 20, 2015
City of Bakersfield - Public Works Department
Attn: Marian P. Shaw
1600 Truxtun Avenue
Bakersfield, California 93301
Dear Mrs. Shaw:
RE: Inclusion of Lot 86 & 87 of Tract Map No. 1031 in a Consolidated
Maintenance District (OMW
We, the undersigned, as owners of the property included within Lots 86 & 87 of Tract
Map No. 1031 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 ,
20_ at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA
93 301. We hereby waive our right to further notice of that hearing.
Respectfully,
Mohammed Alghazali
Prope Owne
72
9/2/1..% CC Ef�D PAC ET T' E 201
RESOLUTION NO.
A RESOLUTION ADDING TERRITORY, AREA 5 -79 (2200 WIBLE
ROAD) 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 5 -79, 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. 1852 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 -79, as shown and designated on that certain map entitled "Map
and Assessment Diagram for Addition of Territory, Area 5 -79 (2200 Wible Road), 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: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC\ 67142824- 63A8- 4C07- BAE2- 9B5B56DBB40B \PDFConvert.3498.1 .ReS_estab_CMD_5-
79.docx
Page 1 of 3
912115 CC AGENDA PACKET FACE 202
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 -79 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 2015 -2016 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\ 67142824- 63A8- 4C07- BAE2- 9B5B56DBB40B \PDFConvert.3498.1 .ReS_estab_CMD_5-
79.docx
Page 2 of 3
912115 CC AGENDA PACKET FACE 203
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\ 67142824- 63A8- 4C07- BAE2- 9B5B56DBB40B \PDFConvert.3498.1 .ReS_estab_CMD_5-
79.docx
Page 3 of 3
912115 CC AGENDA PACKET FACE 204
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 5 -79
Fiscal Year 2015 -2016
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
generally described as 2200 Wible Road 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 5 -79 \PW DIRECTOR'S REPORT.docx EXHIBIT 1
912115 CC AGENDA PACKET FACE 205
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 2015 -2016 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 5 -79 \PW DIRECTOR'S REPORT.docx
EXHIBIT 1
912115 CC AGENDA PACKET FACE 206
LEGAL DESCRIPTION
Area 5 -79
An area located in Section 12, Township 30, Range 27 M.D.B. & M., more
particularly described as follows:
Site Plan Review 14 -0471
2200 Wible Road Bakersfield California
Containing: 2.5 Acres, more or less.
i *AV :ii:1111r_1
912115 CC AGENDA PACKET FACE 207
NOT TO SCALE
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OFTERRITORY
(AREA 5-79)TOTHE
CONSOLIDATED MAINTENANCE DISTRIJ
BAKERSFIELD, CALIFORNIA
EXHIBIT'B'm I
912115 CC AGENDA PACKET PAGE 21,
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
912115 CC A G EN DA PA0l� i FE E 209
MAINTENANCE DISTRICT AREA 5 -79
Said assessment is made in accordance with the benefit formula attached hereto.
2015 -2016
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
912115 GG AGENDA PACKET PAGE 21
Assessor's Tax No.
023 - 050 -34
Total
Date:
MAINTENANCE DISTRICT AREA 5 -79
ASSESSMENT ROLL
FISCAL YEAR 2015 -2016
Total amount to
be collected for
FY (2015 -2016)
$0.00
$0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
*: /:Il1.1ki4
912115 CC AGENDA PACKET FACE 211
Inclusion of a Subdivision into the Consolidated Maintenance District
Wesco Management LLC
Rick Haux
8996 Miramar Road, Ste 300
San Diego, CA 92126
July 10, 2015
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) Tract Map • Parcel Map • Parcel Map
Waiver No. SPR 14 -0471 in a Consolidated Maintenance District (CMD)
We, the undersigned, as owners of the property included within (choose one of the
following) Tract Map • Parcel -Map • Parcel Map Waiver • No. SPR 14.471 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 ,
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,
(Name) Rick Haux
(Title) Manager, Wesco Management LLC
912115 CC AGENDA PACKET ° ( J�PE �T r
212
enaif
MEETING DATE: 9/2/2015 Consent -Resolutions I.
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Public Works Director
DATE: 8/14/2015
WARD: Ward 5
SUBJECT: Resolution of Intention No. 1853 to add Area 3 -97 (northwest corner of
Panama Lane and Old River Road) to the Consolidated Maintenance
District and preliminarily approving, confirming, and adopting the Public
Works Director's Report.
STAFF RECOMMENDATION:
Staff recommends adopting the Resolution of Intention.
BACKGROUND:
A written request has been received by the City Engineer from the owner(s) of the parcel 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 territory 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.
ATTACHMENTS:
Description Type
ROI #1853 adding Area 3 -97 to the CMD Rcwa alkali lrl
912115 CC AGENDA PACKET PAGE 213
D MD 3-97 Exhibit 1
Exhlb t
D MD 3-97 Exhibit A
Exhlb t
D MD 3-97 Exhibit B
Exhlb t
D MD 3-97 Exhibit C
Exhlb t
D MD 3-97 Exhibit D
Exhlb t
D MD 3-97 Exhibit E
Exhlb t
D MD 3-97 Exhibit F
Exhlb t
912115 CC AGENDA PACKET PAGE 214
RESOLUTION OF INTENTION NO. 1853
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 3 -97 (NWC OF PANAMA LANE AND OLD RIVER
ROAD) 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 5)
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(s) 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 3 -97 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: \PROJECTS \MAINDIST \Formation Documents \MD 3- 97 \R0I 1853 EST CMD.docx
Page 1 of 3
912115 CC AGENDA PACKET FACE 21.E
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 3- 97 \R0I 1853 EST CMD.docx
Page 2 of 3
912115 CC AGENDA PACKET FACE 216
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 "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Exhibit "F"
S: \PROJECTS \MAINDIST \Formation Documents \MD 3- 97 \ROI 1853 EST CMD.docx
Page 3 of 3
912115 CC AGENDA PACKET FACE 217
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 3 -97
Fiscal Year 2015 -2016
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
generally described as the NWC of Panama Lane and Old River Road 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
S:\PROJECTS\MAINDIST \Formation Documents \MD 3 -97 \PW DIRECTOR'S REPORT.docx EXHIBIT 1
912115 CC ACEN A PACKET FACE 218
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
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 for 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 2015 -2016 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 3 -97 \PW DIRECTOR'S REPORT.docx EXHIBIT 1
912115 CC AGENDA PACKET FACE 219
LEGAL DESCRIPTION
Area 3 -97
An area located in Section 19, Township 30, Range 27 M.D.B. & M., more
particularly described as follows:
PM 12167
NWC of Panama Ln & Old River Rd Bakersfield California
Containing: 78.58 Acres, more or less.
i *AV :ii:1111r_1
912115 CC AGENDA PACKET FACE 220
ILL
NOT TO SCALE
EXHIBIT "B" I
912115 CC AGENDA PACKET PA UL 221
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
912115 CC A G EN DA PA 0� i FE E 222
MAINTENANCE DISTRICT AREA 3 -97
Said assessment is made in accordance with the benefit formula attached hereto.
2015 -2016
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
912115 GG AGENDA PACKET PAGE 223
Assessor's Tax No.
497 - 010 -62 -005
Total
Date:
MAINTENANCE DISTRICT AREA 3 -97
ASSESSMENT ROLL
FISCAL YEAR 2015 -2016
Total amount to
be collected for
FY (2015 -2016)
$0.00
$0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
*: /:Il1.1ki4
912115 CC AGENDA PACKET FACE 224
Inclusion of a Subdivision into the Consolidated Maintenance District
July 10, 2015
City of Bakersfield - Public Works Department
Attn: Marian P. Shaw
1600 Truxtun Avenue
Bakersfield, California 93301
Dear Mrs. Shaw:
RE: nclusion of Parcel Map No. 12167 in a Consolidated Maintenance District
(CMD)
We, the undersigned, as owners of the -property included within Parcel Map No
12167, 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
20 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA
0-301. We hereby waive our right to further notice of that hearing.
Respectfuliv.
Mc & Asso s
Patricia Newquist, as acting agent
C --I 11r!b 1'r
912115 CC AGENDA PACKET PAGE 225
enaif
MEETING DATE: 9/2/2015 Consent -Resolutions m.
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Public Works Director
DATE: 8/11/2015
WARD: Ward 2
SUBJECT: Resolution of Intention No. 1846 to order the vacation of the alley east
of V Street between 20th Street and 21st Street within Block 218 and
219 of Godey Tract.
STAFF RECOMMENDATION:
Staff recommends adoption of Resolution of Intention.
BACKGROUND:
Rick C. and Nicole L. Douglass are the owners of Douglass Truck Bodies and own the majority
of the properties adjacent to the alley east of V Street to Union Avenue between 20th Street
and 21St Street. The company parks vehicles and equipment and moves equipment across the
alley on a daily basis. For the safety of employees, pedestrians, and equipment, the
applicants are requesting the alley be vacated.
The City Fire, Police, Public Works, and Community Development Departments have been
notified of the request and no objections have been received as of the date of this report.
Public Works notes that there are City sewer facilities in the vacating area; therefore, a Public
Utility Easement will be reserved over the vacated area.
The utility companies serving the area have been notified by mail. Utilities are located in the
alley to be vacated; therefore, a Public Utility Easement will be reserved over the vacated area.
Preliminary notices were also mailed to all adjacent property owners within a 300 -foot radius of
the proposed vacating area. Public Works has received no objections from these owners as of
the date of this report.
The proposed vacation was approved by the Planning Department on June 17, 2015, per local
ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan
pursuant to Government Code 65402.
It was determined that this action is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule),
because there is no possibility that the action may have a significant effect on the
environment.
912115 CC AGENDA PACKET PAGE 226
This Resolution of Intention sets the Public Hearing date for the regular Council meeting of
September 16, 2015.
ATTACHMENTS:
Description Type
D Resolution of Intention 1846 F�esoklfiOlrl
D Exhibit A
Exhl Ike lit
912115 CC AGENDA PACKET PAGE 227
RESOLUTION OF INTENTION NO.
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION
TO ORDER THE VACATION OF THE ALLEY BETWEEN V STREET AND
UNION AVENUE, BETWEEN 20TH STREET AND 21ST STREET WITHIN
BLOCK 218 AND 219 OF GODEY TRACT (WARD 2)
WHEREAS, the City has received a request from Rick C. and Nicole L. Douglass,
owners of Douglass Truck Bodies, to vacate the alley east of V Street, to Union Avenue,
between 20th Street and 210 Street within Block 218 and 219 of Godey Tract (Ward 2);
and
WHEREAS, for the above - described project, it was determined that the proposed
vacation is exempt from CEQA, pursuant to Section 15061 (b) (3) of CEQA Guidelines
(General Rule) in that there is no possibility that the proposed action could have a
significant effect on the environment; and
WHEREAS, in accordance with Bakersfield Municipal Code Section 2.28.120, the
proposed vacation was found to be consistent with the Metropolitan Bakersfield
General Plan pursuant to Government Code 65402 on June 17, 2015, by the Planning
Director.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as
follows:
1. The above recitals are true and correct and are incorporated herein.
2. This Resolution is adopted pursuant to Section 8300, et seq. of the Streets and
Highways Code of the State of California.
3. The Council intends to order the vacation of the alley east of V Street to Union
Avenue between 20th Street and 21St Street within Block 218 and 219 of Godey
Tract, all in the City of Bakersfield, County of Kern, State of California, more
particularly described in Exhibit "A" attached hereto and made part hereof.
4. The City is to reserve a Public Utility Easement (PUE) over the vacated area of the
alley located east of V Street to Union Avenue between 20th Street and 21St
Street within Block 218 and 219 of Godey Tract.
5. 5:15 PM, or as soon thereafter as the matter may be heard, on Wednesday,
September 16, 2015, in the Council Chambers, City Hall, 1501 Truxtun Avenue,
Bakersfield, California, is hereby fixed as the time and place when all persons
interested in or objecting to the proposed vacation may appear before the City
Council and be heard.
6. The City Clerk shall cause notice of the date, hour, and place of said hearing on
this Resolution to be published for two successive weeks prior thereto in The
Bakersfield Californian and the Superintendent of Streets of the City of
C: \PROGRAM FILES ( X86 ) \NEEVIA.COM \DOCCONVERTERPRO\ TEMP \NVDC \25CFCFDF- F35D- 40DD -94C3- - 1 -
6A4A40F9D530 \PDFCONVERT.3566.1.ROI CONSENT CAL EN DAR. DOC
912115 CC AGENDA PACKET FACE 228
Bakersfield, California, shall cause "Notice of Vacation" to be posted as required
by Section 8323 of the Streets and Highways Code of the State of California.
7. The City Clerk shall certify to the passage of this resolution and shall cause the
same to be posted on the bulletin board at City Hall, 1600 Truxtun Avenue, in the
City of Bakersfield, within fifteen (15) days after its passage.
---------- - - - - -000 ---------------
C: \PROGRAM FILES ( X86 ) \NEEVIA.COM \DOCCONVERTERPRO\ TEMP \NVDC \25CFCFDF- F35D- 40DD -94C3- - 2 -
6A4A40F9D530 \PDFCONVERT.3566.1.ROI CONSENT CAL EN DAR. DOC
912115 CC A EN A PACKET PAGE 229
I HEREBY CERTIFY that the foregoing Resolution /Ordinance was passed and
adopted, by the Council of the City of Bakersfield at a regular meeting thereof
held on by the following vote:
AYES: COUNCILMEMBER:
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
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
En
ANDREW HEGLUND
Deputy City Attorney
Attachments: Exhibit "A"
C: \PROGRAM FILES ( X86 ) \NEEVIA.COM \DOCCONVERTERPRO\ TEMP \NVDC \25CFCFDF- F35D- 40DD -94C3- - 3 -
6A4A40F9D530 \PDFCONVERT.3566.1.ROI CONSENT CAL EN DAR. DOC
912115 CC AGENDA PACKET FACE 230
912115 CC AGENDA PACKET PAGE 231
enaif
MEETING DATE: 9/2/2015 Consent -Agreements n.
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Public Works Director
DATE: 7/23/2015
WARD: Ward 4
SUBJECT: Final Map and Improvement Agreement with Symbolic Investment &
Operating Company, LLC for Tract 6364 Phase 6, located west of
Allen Road and North of Reina Road.
STAFF RECOMMENDATION:
Staff recommends approval of map and agreement.
BACKGROUND:
Per Bakersfield Municipal Code Chapter 16, "Subdivisions ", Tentative Tract Map 6364 Phase
6 was conditioned by the Planning Commission to require the construction of certain
improvements within and adjacent to the tentative tract map. These improvements are
necessary for the general use of the owners of those lots created by the final maps. This
Agreement is entered into to secure these improvements, which include but are not limited to,
streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. The
term of this Agreement is one year from the date of the Agreement. Certificates of Occupancy
or final inspections will not be allowed for any building within the bounds of this final map until
these required improvements are completed and accepted by the City of Bakersfield and a
Notice of Completion of the improvements is recorded.
The Public Works Department has completed the review of the final map submitted by the
Developer and is recommending that the Council approve the map. In addition, the
Improvement Agreement outlining the Developer's responsibilities for onsite infrastructure
improvements, which typically accompanies approval of the final map, is also included and
recommended for approval.
ATTACHMENTS:
Description
Tract 6364 Phase 6 Map
D Tract 6364 Phase 6 Improvement Agreement
D Exhibit A - Tract 6364 Phase 6
D Exhibit B - Tract 6364 Phase 6
D Exhibit C - Tract 6364 Phase 6
Type
C:3aCIH Ua p 11Matcwirl4 l
Agreement
Exlh li Ike lit
Exlh li Ike lit
Exlh li Ike lit
912115 CC A EN A PACKET PAGE 232
Exhibit D - Tract 6364 Phase 6 Exhlb t
Exhibit E - Tract 6364 Phase 6 Exhlb t
912115 CC AGENDA PACKET PAGE 233
ctz'
WZF-
LU
,x
Y a z s 3 R
a!v
X.
I �
uj
f' "d tov1,aam�� x'81 Irau�N �,'F !
aa— ry k
i
F
r
gym,r u
C1 w �r :'y �bo
k .� v � rw•
r _ n
MI?plJ ry IYdiMYeaCd�`AW s
A �
( .r
� p kq� � i AY1M to �A.Potl uI`Mt �B�L
`
..� ¢ .�.,�� ...... - --- --+ w�.... r '�6,,,.....na�w. � �� � *� � , W�...., -�__.— ..�.. ..f��wl� .. „aft a'�:•,,�''�o� �a5 ����� P�?�'6
PTi� C
r v, 4
- d a
: I
Y �"" u5 '.,.,;� ,•�:n .� ^ Y" rw-"� p � � Sfa m �, I :.� r � d
I1 _, _.. �... •� `.._{ yb
IV
J,
LU
P, rry �p 9jif�`j_....p,. 9 �y ru• 9 h� 14
uj
v w a Y f
� ,r �
C17 i� f war ,� ,., i
j..;,..Giwar�rarrl�r�l
�. *EI I_ �.:e 9 ,'dam Ir„` aS "�''7,•f A !N m J $�� a'�a�^. m %� + ,v' !w
1. � ..�
•,.u� .-9u � '. . � ww � � �� a� f � C vk• a �ri& j �f n sxus
�� � '" � � �, m�a�., ..: � �� � ?•° "` � � I ra � �" a ~? -
wu
avod 83N38 10
912115 CC AGENDA PACKET PAGE 234
M�
This IMPROVEMENT AGREEMENT ("Agreement") is entered info on and
effective as of . ........ . (the "Effective Date"), by and between
the CITY OF BAKERSFIELD, a municipal corporation ("City") and SYMBOLIC
INVESTMENT & OPERATING COMPANY, LLC, a limited liability company authorized
to do business in California ("Developer").
R E C I T A I L S
WHEREAS, Developer is developing and subdividing land in the City of
Bakersfield, commonly referred to as Tract 6364 Phase 6 (the "Project"), under
the provisions of the Subdivision Map Act (Govt. Code §§ 66410 et seq.) ("Map
Act"), and the Subdivision Ordinance of City (Title 16 of the Bakersfield Municipal
Code ("BMC")) ("Ordinance");
WHEREAS, City's Planning Commission, an advisory agency, has approved
Developer's, tentative map subject to certain approved exceptions and
conditions-, and
WHEREAS, Developer has submitted its final map to City for approval in
accordance with the Map Act and the Ordinance and desires to enter into this
Agreement with City to complete the required improvement work in the Project
within the time and in the manner provided herein.
AGREEMENT
Incorporating herein the above recitals, City and Developer agree as follows:
1. IMPROVEMENTS TO BE CONSTRUCTED, Developer will construct in the
Project, at its sole cost and expense, fhose facilities and improvements
(herein collectively referred to as "Improvements") required by BMC
Sections 16.3 .060 or Section 16.3 .080, whichever is applicable, required
in the resolution adopted by the City Planning Commission on September
1, 2005, and/or required in a resolution extending the expiration of the
tentative map, if applicable. The Planning Commission's resolution and
the resolution extending the expiration of the tentative map, if applicable,
are on file in the City Planning Department and incorporated in this
r-,:/.'ROUF'DAT/AGP,EEN' i�"t,4TS/201 5 PW AGREEMENTW6364-6 RAP A I Page 1 of 14
91211 5 CC AGENDA PACKET PAGE 2 35
Agreement as though fully set forth herein,
2. MANNER OF CONSTRUCTION. The Improvements must be installed and
constructed in accordance with all of the following:
2.2. The Map Act;
2.3. Plans, specifications, profiles, and standards approved by City
Engineer (when used in this Agreement, "Cify Engineer" also refers
to City Engineer's designee);
2.4. Adopted City standards; and
2.5. Good engineering practices and workmanlike manner.
All Improvements will be subject to inspection by City Engineer and must
be completed to City's satisfaction before the Improvements will be
accepted Iby City.
3. TIME FOR COMPLETION. All of the Improvements must be fully completed
in accordance with the terms of this Agreement to the satisfaction of City
Engineer within one year from the Effective Date unless City Engineer
grants an extension of the time for completion.
RECORDING OF NOTICE OF CO ATES OF
OCCUPANCY, FINAL, INSPECTIONS.
4.1. When Developer notifies City Engineer that Developer has
completed construction of the Improvements, City Engineer will
conduct an inspection of the Improvements and notify Developer
of any deficiencies, in the Improvements.
4.2. When Developer corrects the deficiencies, if any, in the
Improvements to City Engineer's satisfaction, City Engineer will
accept the Improvements.
4,.3. After the Improvements are accepted by City Engineer, City will
record a notice of completion (the "NOC") once Developer
provides City Engineer with relevant ifemis identified on the Checklist
for Notice of Completion, attached hereto as Exhibit A and
incorporated herein by this reference.
E,/C,kl(--)l JP[)AI/AC.-,REEMF',I,�IS/2015 PW AGREIMENTS/T6364,6 IMP AGR Page 2 of 14
912115 CC AGENDA PACKET PAGE 2 36
4.4. City Building Director will not conduct a final inspection or issue any
certificates of occupancy to Developer for any lot within the phase)
covered by this Agreement (the "Covered Phase"') until City records
the NOC.
5. GLIARANTEE AGAINST DEFECTS. Developer hereby guarantees all features
of the Improvements against defective work or labor done, or defective
materials furnished, in the performance of this Agreement for a period of
one year following recordation of the NOC. Upon City's demand,
Developer will correct, repair, or replace promptly all such defective work
or labor done, or defective materials furnished, as may be discovered
within the one-year guarantee period. The one-year guarantee period on
private improvements will begin when the NOC is recorded.
6. IMPROVEMENT SECURITY.
6.1. Required Secur:ijy. Developer must provide acceptable security
(the "Security") as detailed in Exhibit B, which is incorporated herein
by reference, for the following: obligations:
6.1.1. Performance of the obligations of the Agreement by a full
and timely completion of the Improvements;
6.1.2. Labor & Materials/Payment to all contractors and
subcontractors and to persons renting equipment or
furnishing labor or materials for the Improvements, except as
provided in BMC Section 16.32.040; and
6.1.3. Warranty /Maintenance against any defective work or labor
performed on or defective materials furnished for the
Improvements for a period of one year following recordation
of the NOC of the Improvements as outlined above.
6.2. Acceptable Security. City Engineer has the sole discretion to
determine which of the following forms of Security is acceptable:
6.2.1. A bond or bonds by one or more duly authorized corporate
sureties that substantially conforms with the form set forth in
Government Code Section 66499.1 or any successor statute,-
6.2.2. Cash deposited with City; or
I For tracts that have no phases, the term "Covered Phase" refers to the Project.
(';:/GROtJPDAT/AGREENIEr�[S/2015 FW AGREEMENTS/T6364-6 NP A(,-,R IPagie 3 of 14
912115 CC AGENDA PACKET PAGE 237
C2.3. An irrevocable letter of credit from one or more responsibim
financial institutions regulated by state or federal governme
• ging that the funds are on deposit and guarantee
for payment on demand by City,
6.3 -DevelloDer's Obligation to Maintain Secunh. it is Developer's sole
responsibility to maintain the Security as follows:
6.3.1 Developer must provide City with the original Security
documentation for alll required Security as outlined in Exhibit
B. Copies of the Security documents provided by Developer
are attached to this Agreement as Exhibit D.
6.3.2 Developer must ensure that all Security is current and that
there is no gap 'in Security coverage. At least sixty days
before any Security required by this Agreement expires or
otherwise becomes invalid, Developer must take steps to
keep the Security current or provide new Security. Any failure
by Developer to comply with these provisions will constitute a
material breach of this Agreement, and City may, in addition
to all other remedies provided by Ilaw or this Agreement,
immediately pursue whatever Security is available for
completion of all Developer obligations under this
Agreement.
6.3.3 Developer must provide City with the appropriate mailing
address, phone number, state license number, if applicable,
and email address for the contact person associated with
each form of Security and identify the local representative
and corporate headquarters of the company providing the
Security ("Contact information"). It is Developer's
responsibility to ensure that City is provided with updates to
any of the Contact Information.
6.4 Release of Security. The Security will be released as described in
Exhibit, B.
7. DEFAULT; REMEDIES.
7.1. Default. Developer will be in default of this Agreement if City
Engineer, in the exercise of reasonable discretion, determines that
any of the following exist:
7.1.1. Developer has tailed to properly and fully complete all of the
G:/GROLJPDAT/AGR[-EMY :.:::NTS920n5 FVV AGRLEWENTS/T6364 61M P AGR Page 4 of 14
91211 5 CC AGENDA PACKET PAGE 2 38
Improvements in accordance with this Agreement within the
time, or any extension of time, provided herein,
7.1.2. Developer has failed or neglected to begin the
Improvements, or any feature of the Improvements, within a
time which will reasonably allow their completion within the
time, or any extension of time, provided in this Agreement,
7.11.3. Developer has abandoned any of the work on the
Improvements-,
7.1.4. Developer, if an individual, has been declared incompetent
or placed under the care of a guardian or conservator, or
has disappeared;
7.1.5. Developer is subject to a voluntary or involuntary petition in
bankruptcy or has been declared bankrupt
7.1.6. Developer changes the form of its business entity to a form
different than the one identified in the introductory
paragraph above, or
7.1.7. Developer or owner of the Project transfers ownership, of the
Project.
7.2. Remedies. If: Developer is in default of this Agreement, City may, in
its sole discretion, immediately exercise any of the following
remedies without prejudice to any other remedy City may have in
law or equity:
7.2.1. Demand that any available surety pay for the completion of
the Improvements,
7.2.2. Demand that any available surety assume Developer's
obligations under this Agreement, in lieu of payment of the
secured funds;
7.2.3. Provide the necessary supervision, equipment, materials, and
labor as it may determine necessary, using any available
means, to undertake and complete the Improvements or any
part thereof: in the manner required by this Agreement at
Developer's and its surety's expense, and Developer and its
surety, jointly and severally, will be liable to City and must pay
G:/GROUPDAT/AG�'Ef.-','MEh TS/2015 PWAGREEMENTS/T6364-6 IMF' AR Page 5 of 114
912115 CC AGENDA PACKET PAGE 239
City, on demand, any expenses, costs, fees, or other
expenditures incurred by City in the course thereof;
7.2.4. Combine the payment of secured funds and the completion
of Developer's obligations under this Agreement by City
forces and/or other entities-,
7.2.5. Withhold the issuance of building permits or performance of
inspections for any lot within the Covered Phase if the
Improvements in any current or earlier phase of the tract
have not been completed in a timely manner at the time
Developer requests building permits or inspections for any lot
within the Covered Phase;
7.2.6. Withhold the issuance of building permits in subsequent
phases until all Improvements in the Covered Phase are
completed and approved by City Engineer; and
7.2.7. Revert the real property to acreage. By executing this
Agreement, Developer warrants that it has authority from
each party having record title interest in the Project to act as
such party's agent for purposes of the provisions of this
subsection and to waive, and, hereby, waives any right to a
hearing on such reversion.
Right of Entry. If City elects to exercise its right to the secured funds
under this section, Developer hereby grants the right of entry to the
Project to City, the surety, and the City's and surety's designated
representatives for the purposes of completion of the Improvements
or evaluation of any claims on secured funds under this Agreement.
It is the responsibility of City, the surety, or the City's, or surety's
designated representatives to obtain any permission necessary for
legal entrance to and/or construction on the Project from the
Project's owner should Developer not own or have rights to the
Project. It is also the responsibility of the surety to provide adequate
insurance and comply with all regulations, permits, and ordinances
while on the Project site or before beginning any work within City's
right-of-way.
S. NO, WAIVER OF DEFAULT. A failure to enforce any provision of this
Agreement will not constitute a waiver of the right to enforce the provision
at a later time and will not serve to vary the terms of this Agreement.
9. NO WAIVER BY CITY. Inspection of the work arid/or materials, or approval
:/C>ROUf'�)A,�IAGREEMENI'SI2O 5 PW A GREEMENIS/'F6364,6 IMP AGR Page 6 of 14
912115 CC A GENDA PA CKET FACE 240
of the work and/or materials inspected, or a statement by any officer,
agent, or employee of City indicating the work or any part thereof
complies with the requirements of this Agreement, or acceptance of the
whole or any part of the work and/or materials, or payments therefore, or
any combination of all of these acts, will not relieve Developer of the
obligation to fulfill this Agreement as prescribed; nor will City be thereby
estopped from bringing any action for damages arising from Developer's
failure to comply with any of the terms and conditions of this Agreement.
10. INDEMNITY.
10.1 Developer will indemnify, defend, and hold harmless City and its
Council, officers, agents, and employees against any and all
liability, claims, actions, causes of action, or demands whatsoever
against them, or any of them, before administrative or judicial
tribunals of any kind whatsoever, arising out of connected with, or
caused by Developer or Developer's employees, agents,
independent contractors, or companies in the performance of, or in
any way arising from, the terms and provisions, of this Agreement
whether or not caused in part by City, except as limited by
California Civil Code Section 2782 or caused by City's sole active
negligence or willful misconduct.
10.2 Developer, at its own cost, expense, and risk must defend all legal
proceedings that may be brought against City or its Council,
officers, agents, or employees, on any liability suit, claim, or
demand that Developer has agreed to indemnify them against
herein, and must satisfy any resulting judgment that may be
rendered against any of them.
10.3 Developer's surety providing the Performance Security will not be
cleer,ned liable under any of the foregoing provisions of this section,
unless the surety undertakes the completion of any of the
Improvements or the conduct of work required to be done under
this Agreement, and then only to the extent of any act, omission, or
neglect of the surety or its engineers, employees, agents,
contractors, or subcontractors in the course of the completion of
those Improvements or the conduct of that work by the surety.
11. INSURANCE.
11.11. Types and Limits of Insurance. In addition to any other insurance or
Security required under this Agreement, Developer must procure
�,ROL I PDA �T/A(-',RE t+"F�NT5/2G �F'W A RE F-MENTS/T6364-6 I MP A GR Page 7 of 14
912115 CC AGENDA PACKET PAGE 241
and maintain, for the duration of this Agreement, the types and
limits of insurance below ("Basic Insurance Requirements").
Automobile I'llabillity insurance, providing coverage f-111
c
owned, non-owned, and hired autos on an occurren I
basis for bodily injury, including death, of one or mor
persons, property damage, and personal injury, with limits
not less than $1,000,000 per occurrence.
11.1.2. Commercial general liability Insurance, unless otherwise
approved by City's Risk Manager, providing coverage on
an occurrence basis for bodily injury, including death, of
one or more persons, property damage, and personal injury,
with limits of not less than $,1,000,000 per occurrence. The
policy must:
11.1.2.1. Provide contractual liability coverage for the terms
of this Agreement;
11.1.2.2. Provide unlimited products and completed
operations coverage;
11.1.2.3. Provide premises, operations, and mobile
equipment coverage, and
11.1.2.4. Contain an additional insured endorsement in
favor of City and its mayor, council, officers,
agents, employees, and designated volunteers.
11.1.3. Workers' compensation insurance with limits of not less than
$1,000,000 per occurrence. In accordance with the
provisions of Labor Code Section 3700, every contractor will
be required to secure the payment of compensation to his
employees. Pursuant to Labor Code Section 1861,
Developer must submit to City the following certification
before beginning any work on the Improvements:
II am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker's compensation
or to undertake self-insurance in accordance with
the provisions of that code, and I will comply with
such provisions before commencing the
G:/GROUPDA7 /AGREEmENTS/20)5 PW AGREEMENIS/16364-6 IMP AGR Page 8 of 14
912115 CC AGENDA PACKET PAGE 242
performance of the work of this contract.
By executing this Agreement, Developer is submitting the
certification required above.
The policy must contain a waiver of subrogation in favor of
City and its mayor, council, officers, agents, employees, and
designated volunteers.
11.2.1. All policies required of Developer must be written on a first-
dollar coverage basis, or contain a deductible provision.
Subject to advance approval by City, Developer may utilize
a self-insured retention in any or all of the policies provided,
but the policy or policies may not contain language,
whether added by endorsement or contained in the policy
conditions, that prohibits satisfaction of any self-insured
provision or requirement by anyone other than the named
Insured or by any means including other insurance or which
is intended to defeat the intent or protection of an
additional insured.
11.2.2. All policies required of Developer must be primary insurance
as to City and its mayor, council, officers, agents,
employees, or designated volunteers and any insurance or
self-insurance maintained by City and its mayor, council,
officers, agents, employees, and designated volunteers
must be excess of Developer's insurance and must not
contribute with if.
11.2.3. The insurance required above, except for workers'
compensation insurance, must be placed with insurers with
a Best's rating as approved by City's Risk Manager, but in no
event less than A-- :VIII. 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-:Vll, must be declared prior
to execution of this Agreement and approved by City in
writing.
11.2.4. Unless otherwise approved by City's Risk Manager, all
insurance policies must contain an endorsement providing
G; /CiROUPDAT/AGREEMENTS/2015 PW AGREEMENTS/16364-6 Wr AGR IPage 9, o�f 14
912115 CC AGENDA PACKET PAGE 243
City with a thirty-day written notice of cancellation or
material change in policy language or terms. All policies
must provide that there will be continuing liability thereon,
notwithstanding any recovery on any policy,
11.2.5. The insurance required in this section must be maintained
until the Warranty/Maintenance Security is released.
11.2.6. Developer must furnish City Risk Manager with a certificate
of insurance and required endorsements evidencing the
insurance required and identifying the tract number and
phase of the Project, when Developer submits the executed
Agreement and final map to City for approval.
11.2.7. It is further understood and agreed by Developer that its
liability to City will not in any way be limited to or affected
by the amount of insurance obtained and carried by
Developer in connection with this Agreement.
11.2.8. Unless otherwise approved by City, if any part of the work
under this Agreement is subcontracted, the Basic Insurance
Requirements must be provided by, or on behalf of, all
subcontractors even if City has approved lesser insurance
requirements for DevelIoper, and all subcontractors must
agree in writing to be bound by the provisions of this
section.
12. MISCELLANEOUS.
12.111, Governing Law,. The laws of the State of California will govern the
validity of this Agreement, its interpretation, and its performance.
Any litigation arising in any way frorn this Agreement must be
brought in Kern County, California.
12.2. Notices. All notices related to this Agreement must be given in
writing, must be personally served or sent by certified or registered
mail, and will be effective upon actual personal service or
depositing in the United States mail. The parties must be addressed
as follows, or at any other address designated by notice:
(T./Gk)OUPDAT/AC,Rf-.E,MENTS/2015 PW AGREEMENTS/T6364,6 IMP AGIR Page 10 of 14
912115 CC AGENDA PACKET PAGE 244
City: CITY OF BAKERSFIELD
Public Works Department
Attention: Subdivisions
1600 Truxtun Avenue
Bakersfield California 93301
Telephone: (661) 326-3577
Developer: SYMBOLIC INVESTMENT & OPERATING
COMPANY, LLC
1800 Westwind Drive, Suite 401
Bakersfield, California 93301
Telephone: (661) 323-8900
Email: timlewy I @aolcom
Surety: KIA Insurance Associates, Inc.
Attn: Kristen Logan
5,407 Stockdale Highway
Bakersfield, California 93309
Telephone: (661) 835-4542
Email: klogan@kia-ins.com
License No.: OB80468
Local Contact: Kristen Logan
Local Telephone: (661) 835-4542 x 253
12.3. Assignment. Neither this Agreement nor any rights, interests, duties,
liabilities, obligations, or responsibilities arising out of, concerning, or
related in any way to this Agreement fincluding, 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 coinfracf, equity, torf, or other theories of recovery
provided for by the common or statutory law) may be assigned or
transferred by any party. Any such assignment is prohibited and will
be unenforceable and otherwise null and void without the need for
further action by the non-assigning party or parties.
12.4. Binding Effect. The rights and obligations of this Agreement will inure
to the benefit of, and be binding upon, the parties to the
Agreement and their heirs, administrators, executors, personal
representatives, successors, and assigns.
(.a: GRO()FIDAT/AGREEME�, rS/2015 PW AGREEMENTS/7636A-6 W AGR Page I I of 14
91211 5 CC AGENDA PACKET PAGE 2 45
12.5. Merger and Modification. All prior agreements between the parties
are incorporated in this Agreement, which constitutes the entire
agreement of the parties. Its terms are intended by the parties as a
final expression and complete and exclusive statement of their
agreement with respect to the terms that are included herein and
may not be contradicted by extrinsic evidence of any prior
agreement or contemporaneous oral agreement in any judicial or
arbitration proceeding involving this Agreement. This Agreement
may be modified only in a writing approved by the City Council
and signed by all the parties.
12.6. Corporate Authorit w. Each individual signing this Agreement on
behalf of entities represents and warrants that they are,
respectively, duly authorized to sign on behalf of fh,e entities and to
bind the entities fully to each and allI of the obligations set forth in
this Agreement.
12,.7. Independent Contractor. This Agreement calls for flee performance
of Developer's services as an independent contractor. Developer
will not be considered an employee of City for any purpose and is
not entitled to any of the benefits provided by City to its employees.
This Agreement must not be construed as forming a partnership or
any other association with Developer other than that of an
independent contractor.
12.8. Agreement Mutually Drafted. This Agreement is the product of
negotiation, and all parties are equally responsible for its authorship.
California Civil Code Section 1654 does not apply to the
interpretation of this Agreement.
12.9. Exhibits. If there is a conflict between the terms, conditions, or
specifications set forth in this Agreement and those in exhibits
attached hereto, the terms, conditions, or specifications set forth in
this Agreement will prevail. All exhibits to which reference is made
in this Agreement are deemed incorporated in this Agreement,
whether or not actually attached.
12.10. Tax Numbers.
Developer's Federal Tax ldenitification No. 26-3742686
Developer is a corporation? Yes No X
(Please check one.)
12.11. Non-Interest. No officer or employee of City may hold any interest
G:/GROUPDAT/AGREEMEWS/2WS PW AGREEMENTS/T6364-6 IMP AGR Page 12 of 14
912115 CC A GENDA PACKET FACE 246
in this Agreement (California Government Code Section 1090).
12.12, Further Assurances. Each party will execute and deliver such
papers, documents, and instruments, and perform such acts as are
necessary or appropriate, to implement the terms of this Agreement
and the intent of the parties to this Agreement.
[remainder of page intentionally left blank
G:/GklOL,JFIDATIAGREEMI�r,4TS/2015 `W AGIRIEEMENTWT63646 IMP AGR Page 13 of 14
912115 CC A GENDA PACKET FACE 247
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first written above.
CITY DEVELOPER
CITY OF BAKERSFIELD SYMBOLIC INVESTMENT & OPERATING
COMPANY, LLC
3_2
HARVEY L. HALL By:
Mayor
Nnt Name < _'"2
APPROVED as to form: TiMe:
VIRGINIA GENNARO
City Attorney
By:
By:
ANDREW HEGLUND
Deputy City Attorney
Insurance/ Surety:__......
121131 •
IN
NICK FILLER
Public Works Director
M
NELSON K. SMITH
Finance Director
Pirin� Name:
Title:
Attachments: Exhibit A - Checklist for Notice of Completlon
Exhibit B - Required Security
Exhibit C - Engineer's Estimate
Exhibit D - Security
G:/GR0UPDAT/AG9TEMENTS/2015 FW AGREEMENTS/T6364-6 IMP AGR
Page 14 of 14
912115 CC AGENDA PACKET PAGE 2 48
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of t at document.
State of CaVornia
County of VIC V,
0 n before me,
(insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person($) whose name(s),,,"Oare
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
'bi,s/her/their authorized capacity(ies), and '! that by h, JqIher/their signature(p) on the instrument the
person(), or the entity upon behalf of which the person(s) acted, executed the instrument.
Signature ,,,'( �, (Seal)
912115 CC AGENDA PACKET PAGE x`49
PUBLIC WORKS DEPARTMEN'T"
CITY OF BAKERSFIELD
SUBDIVISIONS
Project No . .. . .............. .. .......... . .. . ... . ....... .. . Pihase No.
"Jul
"A
Submit a copy of this checklist Mth YOUr Nofice of Complk,,fion package, Inclulde aH
terns on this checkHst with your packa,ge H an it ern ils Mr-ea dy on He with the City,
to ease so note,, If terry it ern o n-iarked as NA (riiol app,Hcable), I rovide a wrRlerl
justilication can explanafion, FaHureto SUbmit this checklist or to address aH utenis on the
checkfi st wry ll reSUlt in a delay m filing the Notice of: Completion and/or ir) the release of
any seWrifies, Process ng of a Notice of Cotiipefion cannot proceed UnM SLIt'),divisions
has receive d 6rect confirfflation frorn the Construction DM ion that the punch Best �teris
are COWliplete.
4 l'llli1"" 4",
912115 CC AGENDA PACKET PAGE 250
OK NA Checklist item
Provde cerfificafion to the City Engineer that, exce!pt ;as other se
povded, ri the pruvale improvements have been cons tn. xted to Cily
I tandards, ordinances, and poticies, aH in accordance with approved
"r his shafl be slampeld and si ned,by the Engine�er of Rea, ord,
SUbmit to the City Engineer cop�ies of the sewer video, forms, and the
Provide wrftteri verification ftorii the Fire Depadmerit that aH gates, bcks,
and kevs have been installed or pi-c"Wided to their sato action
I � X" 11" 1 T 1, I '1' . s
912115 CC AGENDA PACKET PAGE 251
�suL-wnit�-� ox"n'LA, 0 �.J 'f r It
AMOUNT OF 100% th, "'o"O (,-A
SECURITY Englrwl",",,:Ctt,
cvs Exhibit C -In,,'A
stir
VVI Ni 30, days (,-Aly
but, if ('Jl'y
oi Ci,
In
or
("":10t"w CAY fVv, t'ICK
will b�,,
hc,v,,, fio c)r
la
i4�:) Oiy H vl,
th(:'x") 18 rnj� 1,1/",.,
of fhis onr i
of 0,0�, sec'A(,-,w cAy, n'vly, a n its s' Dk,�
volue ot
I I 1 C) "Cl e So
r T'j,' r r, V c," r I T h j I ('Y f ". t; L Z, J.
ii y wW Fln(,Jk-i�-,4,,r's f rT rd'� A
o r i r v r i t PMf t 1, 1 r i rl k,r's:;INr °r
47 4 ) A: L-) r,l t, i n i vAl r Ay
wq.l0. pl, "Iicl)n of f N� of 1, I'w"' Sie 0 �ty
c�) W i( WY r( u r(,,,,J 4;,,v n ,ur'fl
Labor & Materials/
Payment
wl en
sup , )f X rl i
it f,
50% of
t f I A it I
9,0 days cl0cl Jtwv
of
the
('J�y
r-,Iofic�r- thol
(x stop
fHed kl)
of fhr-
c
inr,,Ay, bt�-, rerlllll],,,,-��J kd
,vhk',,h r,:w[
1! filk"(A
Warranty/
Maintenance
i y r" r� I
10%
i J s
18 months cafter
of
I ' l l i L f ', I ' r'
912115 CC AGENDA PACKET PAGE 252
101�11�
for City of Bakersfield
trrs
$100.00
Date:
7/7/2015
TRACT NO. 6364 PHASE 6
12011
cy
Job No:
2488A
1001%'11
3,130
ProEi rI
325,00
ften-i No, Itern Description Q1v U n it
7-77
Unit
ltc-�1111 $
%o c2Lr�lr t
I�c�rn7 sirnlrq:
Grading
$70,980
70'%
$21,294
4,059,
1, Excavation (Under 10,000 c.y,) 2,184 cy
$25.00
$54,600
10011%
4
ea
$300.00
Subtotal
Storni Drain In iproverrients
1
ea
$300,00
$300
2, Type A Catch Basins 3 ea
$5,000.00
$15,000
100
$6,000,0,0
$30,000
1 0011/U
Subtotal
0
ea
Sewer Improvenients
$3,000
100%
100
3. 4" Sower 745 H
$30,00
$22,350
1()0"/"-,
$1,755
4. 8" &c,,wor 818 If
$55.00
$44,990
1 00%o
100%
5. Standard Manliol(-,', 3 ea
$2,600,00
$7,800
1 009'1c'a
Subtotal
$24,549
Subtotal,
Street Irnprovernents
Local Streets
6, A.C. Paving (0.2)
7, Aggegate Base (0.4)
Other
8, 6" CU[b & GUIter
9, Sidewalk
10. Dr i v e, way
11. Standard Street Signs
12, Stop Signs,
13. Straot Lights - Mast Arni 5800 LUmen
14, Concrete Monurrients & Encasements
15, Median Curb
16, Wheel Cliair Raaips
TOTAL IMPROVEMENTS
20 % CO WIN GENCY
TOT' A L
885
trrs
$100.00
$88,500
1009/6
12011
cy
$70.00
$84,070
1001%'11
3,130
It
325,00
$78,250
1001';.;
11,830
st
$6.00
$70,980
70'%
$21,294
4,059,
st
$9.00
$36,531
1 00'1r ""
4
ea
$300.00
$1,200
$1,200
1
ea
$300,00
$300
$300
5
ea
$6,000,0,0
$30,000
1 0011/U
4
ea
$750,00
$3,000
100%
100
It
$17,55
$1,755
$1,755
2
ea
$2,500,00
$5,000
100%
Subtotal
$24,549
$544,326 $24,5491
$108,865 $4,910
$653,191 $29,459
ENFORCEMENT 15% OR S15,000 MAX (IF BOND) $15,000
-iful Performance Bond, Amount
Faitt 544,459
Labor & Materials on Amount $334, 96
f
The Mininiurn Amount for a Letter of Credit oar Cash, is $326,596
CE 74'625
V '101% WarrantBorid Arnount $66,819
10% Warranty Letter of Credit or Cash Arnount $65,319
No,ri,s: at 110114 FIS6MLOC olli.y '110 moa to be w4cd lair
Prepared by Porter & Associates, Inc.
1200 - 21 st Street
Bakersfield, CA 93301 Fil( �488A G()b,Br,)nd
'-v "� -
912115 CC AGENDA PAC KET'PAGr 253
City of Bakersfield
Bond No:
Pnemiunn all bonds- $10,023.00
Finmdpnemiurn based mnfinal
contract price.
The City ofBakersfield ("City") and Symbolic Investment & Operating Company, LLC ("Principal") have
entered into an agreement dated 20115_ ("Agreement"), whereby Principal has
agreed to|nstal|and complete certain designated public improvements for the following project: Tract
No. 6364 Phase 6, The Agreement, incorporated herein by this reference, requires Principal to furnish a
bond securing Principal's performance of the obligations mf the Agreement ("Performna rice 8mmd°).
To that end, Principal and Philadelphia Indemnity Insurance Company (°Smretv") are held and firmly
bound unto the City in the penal sum of $44,45,9.00 (Forty-four Thousand Four Hundred Fifty-nine
08/280) for the payment of which sum well and truly to be made, we bind ourselves and our heirs,
successors, executors, and administrators, jointly aimdseverally, firmly by these presents.
The condition of this obligation is such that if the Principal or the Principal's heirs executors,
administrators, successors, or assigns ("Principal Parties^), |n all things, stand to and abide by, and well
and tru[y keep and perform the covenaimts conditions, and provisions in the Agreement and any
alteration thereof made as therein provided, on Principal Parties' part, to be kept and performed at the
time and |n the manner therein specified, and in all respects according to their true intent and meaning,
and indemnify and' save harmless Citya�nd City's officers, agents, and employees as therein stipulated,
then this obligation will become null and void; otherwise it will be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there
will beincluded costs and reasonable expenses and fees, including reasonable attorney's fees, incurred
by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment
Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the
terms of the Agreement ortothe work tobeperformed: thereunder orto the related specifications will
in anywise affect its obligations on this bond, and it does herebvma,lve notice of any such change,
extension of time, alteration, or addition tothe terms mf the Agreement, the work, or the specifications.
Additionally, Surety hereby waives the provisions cf California Civil Code sections 2819 aimd'2845.
in witness whereof, this instrument has been duly executed by Principal and Surety on
J
PRINCIPAL e
iL
PERFORMANCE BOND
Last Revised � August 3, 2015
SURETY
Its: Stevew/ wartz, Attorney-in/-"'fact
seal
��~°"~��
912115 CC AGENDA PA C��TPA�� 254
Callfamia All-Purposle Certificate of Acknowledgment
A noiary public or other officer complefing 11'fls cerfificate verifies only the der)Wy of the individuai whio signed the
d=flment to which tHs certificale is attachec], and not the t uthfidness, arxurall or vandfty of that clocurnent.
State of Califorriia
10 , IS,
Coulity of r a n c 0
J-�_ ........... . ..........
Ord My 28, 2015 before me, blic
personaHy appeared .-Steven A. Swartz
N/A
. ......... . . ......... ... . . ..... ... .... .. . . . ..... ... ... ......... . ... . ..... . ....... . . ...................... .. . . .... ... ............ . . ...
who proved [o ry)e on the basis of satisfactory evidence to be the person( s) who name(s)
is/axle subsulbed to the wiftri uristrrument and acknowledged to me that he/sWb4W executed
the same in Poiis/hex4ok authorized capacity(kRs), and that Ihk s/hu fit. wif sign@Wre(s) on the
instrufflent the person(s), or.. the enfity upon behaff of whicil the person( s) acted, executed the
�nstwirnrzrrt,
I certify under PENALTY OF PERJURY under the �aws
of the State, of California that thie foregoing paragraph is
blle arid correct.
WITNESS aiyhond and official seal,
-77 ......... OPTIONAL INFORMATION
pe..S.Z!121.iol�t of Attached I DOCUment
The preceding i '',erfificate of Acknowledgrinent is attached to a
docurnent bted/for the r,)uj°pose of Per,for,rt2 an. c.e..
Blond No. PB11510702437
containing 28, 2015
pages, and dated
The signer(s) r-,�.'.q')acfty or nuthority Ware as:
I &idual(sp
X N�cjrneHn-fi',&c�
GU Irdian/Crjnsmvaior
Fanner- tJim diGeneral
rrus'tee(s)
Other,
representing: Irbil cqde[p I I -!n it hISUrance ConlpaL�y
�!a 1�,(, e
E, LEE
Commtevion # 209204
z
Notwy Pubfie - Calffornis
Orange Counly
Gornrn, Ex 4! IN
wftvww'��
Method of Signer Identification,
Proved to, rnr an the bas , of sikisfactrjry e0dence,
¢orrn(s) oF idrai iffication ued1ble
r arW eveN i -, detaled jri nW@ry y.)urnal on
Nk.atary conlact!
01hRr
Addftbna� Srgnelt Sdgner(st Thurnb;.'nints(s)
EXHIBIT D
912115 CC AGENDA PACKET PAGE 255
CALIFORNIA AL,L-PUIRPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
"xx
. ... ...... I -- . . . . . . ............................... . . . . . . ...... ... .... .. .. .................. .. ... — - ..... ..... ................. . . .... .
A notary pL,ibfic or, other office compiefing ths certificate verifies only the identity of the hdividUal who sigeid the
rJocuaienl to whchthis cehificate is atta&ecl, and not the truthfuk,iess, accuracy, or validity of friat docunient,
. . ................. . .. . .. ... .... .... . . . . . . ................... .. ... ..... . . . . ....... .. .. ....................... ......... . . . .. .
to of CaRoirnia
Countyof . ... .......... --------- - -----------
. . . . ... ................ . . .. ............
On c, efore rne, J.1), 111,11i",
J b . . . . . . . . .......... . . ........... .. .. .
... .... . ..
Date Here Insert 1, me and Ttle of the Officer,
personaHy appeared . . . . ... ........... . . . ............. , "I
Name(s) of Sigrr er(s)
who proved to me on the basis of satisfactory evidence to be tf"Ip ' persorl(81 whose narne(8) is/,jr6
to thie wHhin [ristnAn'ient and acknov�I�xiged to n,re that (k/she/fl'in y exeCLJted the'sanie I wi
hiV tier/their eii,,ithorized capacity(i that byr'kis/h-ier/thei ignatij r iiltarn ffie insti"urnent the persons,,
&'ftje l[Ifity Upon behalf of whlch the pei,:sc)ln�",I"il a�'�c-t"ecJ, exec;uted the InSfi'Urnerrt.
certify Under 1"IENAUTY OF PERJURY under the Uws
of the State of Caffornia that the foregoing paragraph
is triie and correct.
KIMBERLY MAXWELL "l'l NESS my hand and official seal,
0 Comm, #2119057
)M
(" t1c
Nowy Pumic - Udornia
'0 0
K "Ounty
ein &gnature
Conn,111res 11,2019 rsoqpturp of Notary Public
Place Notary SeaC A5ove
OPTIONAL
ThOUgh this secfic)r) n--, optional, cornplefing this information u,-,,a17 depter alteraticni of the docurnent or
frauirluleni mattachtnent of this fdl-tll to an unintended docurnent.
Descdpbowi of Attached Document
Tiftc,,, or Type of DOCUrner . . . ..........
It, Document Date',
Number of t-Iages � Signer(s) Other 1han Named Above
Capacity(ies) Claimed by Siginer(s)
Signer's Na v,
(','orporate Offifr;er Me( s),
Partner — UrrOted Gienerai
Individual Attorrey in Fact
rl'Ustee Guarduw or Conservator
Other; � . . ................ . .
Signer Is Represerifing'. ........ -- - -------
Sigroer's NW11E
Corporate Officer — riHe(s): I -
Rutner Urnited General
lndlvidual Attorney in I act
'TrUstee GL,rardian or C'c)nserv,itor
other: —11111-11- - - ------------
Siginer is Representinq
xr,"o,u ;cu"pug q -, < ev, ' ru �, <'� c x" ( " ?dp l". x "?, X C! K �`GK " q 'Au , ,, X "CZ, CK"U01, � LK"pf, ;g7x, R", '' d X < 9 j U� W, < WE, " V�.3 < wAM 1k -, n Uf- XX'X,'v �.M
(,(")20,14 National 1`4otanj Assobaion - www.Nafionallotary.org - -1 -.800-US NO'TARY (1 -800-876-6827) ltern #51907
FXHIRIT D 0
912115 CC AGENDA PACKET PAGE 252
6307
KNOW All lmyla.S:D)" S BY "i I >i Thk'^:.,EV C'S "'Cqu „ii l'H:q':D: ADotV:YMA ly"^af;➢t� IN^;w'NY lNMMAN E ( &;:NNIF'A„NV (Ehe ✓,.`crml; +rsiw). „a.:;twrporatkm a rra;aierzct.N ma
ayxi [iaty aamedQT 1kc lniv °,s of the of ohsv,i casmu�r�lilfr wnta appoint Steven A. Swam, KeRy SpecM, LaHe Mande4 and U
wailz, hAkhad IH mr^auvenrt and Thionnas C. Buckner of Me CRy of San Cpstiammeme, Noe a.Dt tSMHwnW of N»uMh Cant Sw a mw-1to mrm d 0°aw ikil
heft €pmy -isa-wo At 'AM mMmiy w mm me am its bdx,vin'Qn Nv ace dui rking, . m'o ,namc. md tour” ow:,v,..t , aq avnfi gs rn hic crx o rc
flier—col, i vrzucd in the rout c ofm NiHt h ,s e1r 1 w I7laar4 Mc a `oy„tivlm,4rry Mr:w•a by in an am m;; mvw to a ueeek a3 11diti'kaNUt U0,
nN 4'r..rw 1^ e ark aa,p9rvmq is gm MA A a W 0 s wd ,rswi3 ambd by P^w<m mifur minter amtn;l Y,, +w. Ilir, reirthnmy ia1'€ w AlPar,wQ i„"e,rrlttt"m nw?apW by Be &'iawW o Are t is of
PFill , d)I- A PHIA kh 1:71 w9 "t'T "Y INSURANCE RAy,t, E 4 d a'Al'A "'O" ti a Grad riin,w lialy ,: fflc l 11tc I `1al ay of July, 201 t,
R ^ "sOL:vv "EM hos iC'iet BMW ti;a( A .¢.t s liw,a w t the Pres,idt,w ur, . ir, "Vic mhr:
d m>irilr;iny 1w (1) Alay „^inn, Ali+ rtia ^y ✓Sp tar J' nut uld ai.irii orizc yVtaa Aat nmv.yf p in 4, r. in
w. ” „.0 °aiie on Cro✓l¢a,lk of, tltr Q:'+aisvN''srwe kwairr %., i1ad uHi drao�nln.riro,4 ^. c tawi.r;ma•1a of n1¢)ciiaiilty ,taws[
otha,r. ohlia.atol!y 'H1 01c ra,i(tuc [I wnuoy tart'] to ,inch wlic sc °11 of diia: tl an wytmlA °�r
thcrooR "'md Q) raa lemmy"ec, "ua mly° tMl �iny a"uc l jild va.",R k1 c tke
,riri,Wvlor °I'6,y G, I +',,iri. Aiwmh Ivtir ii
N qiw n9DeH
RD.,SIDL'VEM Thai, 01c ark „,lurch ofFic „t hart „i 411. ;:;a +l of the CCarl ny✓ ❑ ny Iw., tfffl .d tan %arty "�
06 h;m r al M„itmmij Est mmrc,arrtmr,t4c wwow Atmoo law• #3awilnwl r,;errrl inw =a+ d er,n er wo'N,.
norney, sp r,a4e4:;uwd and carMned by JAsHOT .wtirrw,.miaaia,.. "e W 106rni4 wcwal ^gira4f i,
i d tMd lal,tl, wpm we d Droll *ti „"r�y a pe r Rtt^iM WO P "ar nn,r- awl rn a" Nand m
u la i'ti�of 1nt [,n which it is wilMrucheir,
IN I lr "a 6'4Pw ^Nw N r %a^JHFHFM. PM1 y4NNiC,k'H fA Rf+:17w 'BAH VY [i^d.^rV Oak' N( 1• ¢'d"tml'AINY HAS C:'k yl'D 8'H N YNS'f}0,,'VTkN p tO EH ` H4 ^1FD rVNID
11 S C(AdURATE SFALUHW A"WED BY HN Ar 1'kNq;v1U/krGH:1lF di"N`HNWrrGNA"v"n;1N'' ".w0 r @•NU.
faayf,ma;,rl k u N) "f. nvr ✓ f; fli— csrn.l „ill & . (A ;N
¢ 4wrl.rafctl 4,r^i hli6 ! llfI r4 (.' 10 r pzmy
On i1,1, 10”, « %')" nr( .Ytnnr ,,t71 3 het ru „. nw aautpP,^ Ow rrrairnhim! wvlra) e neweri dw y-rer,: w"T ^rrmarurtr, ^rvt, Ear nwr. gy.Nwally I "mw "„at, xW 1,0v by ruts "I im mwi .,,iA tkr;tw hel^
ii, i nnki4aimn aleu;<tw�llAW nit 1lelkwwrlir�.d Aka eal'iHw <; �°lk6Nt.A DE k' HA p'w,'9DE Nt!"yt 9i NnnS��'1ha/paN `D }^ (,O N'Nfl "-^�VV" tlu;ai th(a %:t fl n l'kcd w :aul iru"tnirmwnt i ^"^ tCw
( "orpa-i ate sciu� iIt y aitl N'tirrnp,IrIy; Ifr ai t I I aL ,tlrar 4 a,r'I ^�atw-,tly, aciI wn] fir ,wntr d[0. ,fl` xcxl,
,7µn 'ON -1.0111-2—F FEWCVVAN A
�'e tYaH Pty' Nw !w G"$ fm 7 fdaNll Q
M 11Nf4 IW OyO IAVa :"1mfM�pp tV M �! ry,.(- �,r'
war "�v�i�n«4w =, "jai aFv� �aaxesno,ya4„ra pw.ar^dG�arifrlKa';
rr iwlrmw�j_;a4: lb'el'k..� raiv "rtl,p: " ""
pomp sul)
rrlr P !Ib 11.
la aaar¢wovu rata naraviiµrs: C9,�.r~.L,
l„ V,hn,nwi.C,fa,+ap, r, 1. VQ')FMN l'f t C mt t.rr 4 l u r(Jf tPAN). do fvark7ycco¢t rate It r„awad aat;
Dilc.V'T4 kw d ihiq Nltw ',m cr rf NI;aP;4'I'111 ''„ ( +B1P.';(y 11G4V nllvtN'1w ilP 1, rl PkV on o r m... C iy o lli %ta °, MO t.n e and GA; ??"rG".H.I rl W we MM 011 tall t(.4C k, dM1'd IW IkkL l sh V4ik!,'n 0.,H "MYi,'.1'1all
k',oberR 1 a. 01 im iry,Nre'.. who the ot°A.Otwi4 .y ,aa ?i on r.9ic J ri"ut'eii^..rµriiic'n of flee flimcfie�J rrk ^t'Nt4azyncy the dull, e,lecied Pre +staltmw of
PHIL,ADLI PHIA i, "f.?9' lq "+` MSURANCT, a0. 1"li" u^
0 Gc,wrwr¢rtni} t lu xuey i ha . ,, }a ➢,r,e 10 „i nn iii a1.^ mar l ^wdiu .¢ie9 01 skis ;24µN
r
1 ” 1
I, lwr,li 1 Stf °tser, t ,ryyn'w°iata S rej'j v
PH11,A DF.D PHIA , (0M6y1'w"^Y
k'HJL AD1A DmH1A tf" P ^N,t "tit N I INSURANCT COMPANY
Bain( Wnm yh,F'n P944 4Q%
EXHIBIT D
912115 CC AGENDA PACKET P E 257
Bond No: P81 1510702437
City of Bakersfield
LABOR AND MATERIALS BOND
The City mfBakersfield ("City") and Symbolic Investment & Operating Company, LLC ("Principal") have
entered into an agreement dated 2Q^5_ ("Agreement"), whereby Principal has
agreed to install aind com;plete certain design�ted public improvements for the following project: Tract
No. 63G4 Phase G("Projeot"). The Agreement, incorporated herein by this reference, requires Principal,
before entering into the performance of the work, to furnish a good and sufficient payment bond!
securing claims 10 which reference is made in Civil Code aecL|oms 9000 through 9566 ("Labor and
Materia|s8ond").
To that end, Principal and Philadelphia Indemnity Insurance Company ("Surety"), and their respective
heirs, successors, executors, and administrators, jointly and severally, are held firmly bound unto the
City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the
performance wtthe Agreement and referred to in Civil Code sections 900O through 9566, in the sum of
$334,O96.D0 (Three Hundred Thirty-four Thousand Ninety Six OO/lOO)for materials and/or labor, mfany
kind, furnished for the Project, or for amounts due under the Unemployment Insurance Act with respect
to the work or labor, and Smretyw/0| pay the same in an amount not exceeding the amount set forth,
above. Should the condition of this bond be fully performed, then this obligation will become null and
void; otherwise it shall be and remain 1n full force aindeffeot.
It is hereby expressly stipulated and agreed that this bend will |muma to the benefit of any and all
persons, companies, and corporations entitled to file claims under Civil Code sections 9000 through
9566, so as to give a right of action to them or their assigns in any su!it brought upon this bond.
If suit is brought upon this bond, Surety will pay, in addition to the face amount thereof, costs and
reasonable expenses and fees, including reasonable attorney's fees incurred by City in successfully
enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be
included ln the judgment therein rendered.
Surety hereby stipulates and agrees that no, change, extension of time, alteration, or addition to the
terms of the Agreement or to the work to be performed thereunder or to the related specifications shall
in anywise affect its obligations under this bond, and it does hereby waive notice of any such change,
extension of time, alteration, or addition to the terms of the Agreement, the work, or the specifications.
Additionally, Surety hereby waives the provisions ofCalifornia Civil Code sections 2829 and 2845.
|m witness whereof, this instrument has been duhv executed bvthe principal and surety above named,
on July 28
PRINCIPAL
/
By:
its:
LABOR AND MATERIALS BOND
Last Rmsc& August 3, 2015
SURETY
Its: Steven"A. Swartz Attorni -in-fact
912115 CC AGENDA PACKET PAGE 251
California All-Purpose Certificate of Acknowledgment
A notary, pubhc or offier officer comp iebrig this cedificate veffies only the identity of the indwidual who sligned lhe
doctfl,nent k.) which this ierkfficaiie is, attached� mid not the tn.AhfiAnPss, accum,:y, or vaHi'fltyofthat dOCILVneint,
State of California
County of . 0 La e (l
.-— . ..............
On JLAy 28, �2015 before me,
personally appeared - Steven A, Swwtz
NIA
.. ... . . .......... . . ........... . .................. . ... . ............. . .. ... 1111-1 .......... ... ....... . . .........
who proved to rne on thE) basis of saUsfactonj evk"Jence to b(--,A the person(s) whose name(s)
iS/8 fit 6 SUbscribed to the within iristrurnent and acknoWedged to me that he/sh*dthey ekeUlted
the sarne �n WsMx authorized capacity(iss), and that by ha s/hwM*W signature(s) on the
�nstnjrnent the person(s), or th entity Upon behaff of wh[ch the t,')eirson(s) acted, executed the
nnstn.irneint,
I certify under PENAL'T'Y O,F PERJURY under the �aws
of the State of California that the for tying paragraph is
b-Ue and correct.
WITNESE`� n-Ay hejrkl and officW seaL
7
OPTIONA, L INFORMADON
atc
rof Attached Document
ThE� pre (fing Cilfl-ff[cate of Acknowledgment n s attached fic.) a�
Bond No. PBI '1510702437
coj-,trnIajjrjg " 4 pages, and dated jtl 28, 2015
�V 1111-1-- . ...... . . . .. ...... . .... . ...
I he s gner(s) (',,a1.ladty or wthiority ishare as,
X
Parsuir - Lim
Dustee(s)
Dher�
reprrasenhng PhHadrlpNa init Gnsiurance Company
. . . ........ .
E. LEE
CovTolssion * 2039204
NWary Pubfic - Cafflornia zz
omge coulfty :t
Cornr�n. Ex ire s A, 27,2017
Method of Signer Identffication
Proved to me cm the bart � of ,,aris,adory revidencer r
fcmn(s) of denifficabDri credltAe vjiViess(ps)
WarW ever0 is detadod in nolaryjouin,,,fl on
Page # ___ . ..... .. E rt ry #
N o fa ry co i it ac, t
Other
Add!Ucina 519ner Signer(s) Thuir)Lrpririts(s)
VYHIRIT D 0
912115 CC AGENDA PACKET PAGE 251
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVI�L CODE § 1189
XXU'X"c<
. . ......... .. ... ... . . . .. ... . . . . . . . . . .. .. . ..... ................ - - 11 -1 -11 -1 I'll, . .. ... ...... , , , 11 1
A notary pubk or other officer cornphehng this certificate verifies only the kJentfty of the individuW wi-ro signed the
doonnenI, to which this ceiliffrate is attached, and riot the trUffIfUliness, accuracy, or vaidity of that document.
. .. . ...................... ...... 1 1-1,11-11 ............. IIIIIIIIIII-I � . . . . . . . ......................... .. . ......... .. ... . .............. ........ . .
State, of California
COUrIty Of
On before rne,
.... .. ..... - -------- . ...... ... . .... ... ... ... . . ...
Date Her Insert Narne and 77HP of the Officer
personaily app�eared
........ . .
. . . ........ - --------
Name(s) of Cllr ner(s)
who proved to rne on the basis of satisfactory evidelllr,:,E� tO be the.. person(s)"whose narne(,sK"'�p/,-,,tre
pA�b-scribed to the, within instrumen't and acknowl-edged to me that(�Jshe/they execUted the samba un
llispier/theijr aUthorized capacityqets), and that b 'HsAier/thek- siginatur %ij`on tt-ie- instrurnent the person(zl'
br"the enhty upon behalf of which the person( r�y 1� A d I ted, eKErCuted the histruirrient.
I certify under PENALTY OF PERJURY Under the Naves
of the State of Cah-fornia that the foregoing paragraph
is true and correct.
wrrNESS my hand and off cW seal.
Slginata're & r . . ........ ..
11411 tore of Notary Mjbik""
Place Notary Seal Above
.......... OPTIONAL.
Though this sectiori is optional, ciornplefing this information car? doter alteration (,:)f the doCU(77er7t OF'
frwidale,at reattaclypej-rtr fcvrn to an unintended doCUrnent.
Description of Attached Docurneint
°4. or""a]trw,�Nit Date�
Tifle or rype of Document�
Number of Pages: &gner(s) Other- Than M,vneci Above�
Capacfty(ies� Claimed by Signer(,$)
Signer's Narnp
Corpomte Offico, -- 'rffle(s):
Partner, ---- Limited Genera�
hildh4duat Attorney on Fact
TrU$te(.'a G ,.'ircfian or Conservator
Other
Signer hs Representirig�
Signer's Name.-
Corporate Officer - Tifle(s)"
Partner Urnited fie nerW
ln ,Jividuah Attorney in Fact
T r r'Ustee Ga,iarcfian w Conservator
Otheir
Signer B s Represenflng . .......
(,' 2014 NationM Notary Association - www.Nationallotary,or �1-8(.)O-US ROTARY (1- -fa - f76..g8 y$ Ron #5907
FYHIRIT D 0
912115 CC AGENDA PACKET PAGE 26jE
6308
KNOW OIL PERWWS BY IMA PRAW7SAIM PMEADBYHO IWEMMTY INSURA,);CE COMP,VNV@the Cornptmy), a Lxirpomtion and
eximog Mwel Ow Aws "o Ow comwnwealt or lymmiks"a. r1m, hemby womibw mW qMki, Steven A. Swartz, Kelly SpecM, Lade FoandW, and Nikki
Swanz, 10khael He"anen aind 1'hairnds C. Buckner of Be Cky of San MemeMe, tat of CWH•nW W South Camt SwNy in true wd AmNI
atnorncy-m lac[ with tU �mqhorit', (o cxccioc"�on its behall bonds, undcstakw,�.,.is. mid (,lfliln contrit"Ts uA mahamlnlPy ,llld wnfinp 011lipaloty. in Ole naturc
heml i ".d & on cmn"W h NWm" wo to hnd We (bnVany Qyhy"n an am- as nm lo exceed MHMAORDO
nw pwa a Mwmq 4 gmW wd 4 Mpind nd Pahl Q AcAlk mdannd by to awhoHiyofte 15%mg RmMUM AWW", Me %MN "DOW- or
PHILADILLPHIP, R',DhMNJ A INSURANL 1, i-'C)NlPA`,,'i alt a rileding 1,hily C,iflcd [ile I` doy iil,fkjly, 20 d.
RESOLVEDt 11m Ow WoA Mmmn hemby owhonns the PmAdva or any Vim Prnickal mnhe
Corfip,ally (v: ( ,Pppt')iW A S J, fil 1 1 ct Ml allaft)l W' its At fome'ds) in Fact to
emne m WMH a Ate UnMany ha &q and un&rra1,ntg,;, cn)nlra,.',tw 0 hide'Invy wtd
wlm wtolng"i fddagplovy In 6 nlihtle fl)cicol and to atlach the sc ll F,q, dur, Conlpw y
thavio; and (21 u) romwo W a" my my wh AuvlawymplOw, and vy"c Me
mubmu, ghvm Aml he it
FURTHEIt
RESOLVED:: I fim we stplamms d smh otfilcol's and Ow, "r.'al M, 01c Cornpzq� Tnay hc,, affimud to teny
511ch Povlf.'a , qo Altorl"n."y or 4xTtlfi1cwc iclkom t fhorcw by ,jull Powel' of
nrta:y 40 Cx,'ati�rJI'Cd wid acnilk.,�d sign,"Iturcs arid ,ed "hall lic
vmw mw ho" upm We CmMmy w dw Im wA tk mVmt W my Curd or
undeoakan,g n:r wlh h it is
Wjjjjflj 1,111H AD) J, PHI A lNDLYINITY "URAN"T (IMPANY HAS COUNT) I HIS NYMAAWNT "I BF
H'S (.,(.)RP()RAJ ],�'SA-AlJl) BE Afl,i(XIA) F"'Y FPG , AL I] D OFFR-TTHN 101'' 1'-)A)( i)l- JUtMF 2013
(SMI)
R"cq a xmy h .,mom yt, (0)
Opt Ons I Y` day,,Ckuw D) � ", h(Aorc na cr"Ilc thr individruil ,,,fic, cxx nir,?rJ Ow ptecnfim,! WaM11,11,W111, [o nle, p"'n'qolially kmor%n, -jnd hving., by me Ettpa s,a ,orn ",md thm he
I Ow Owmn Ammkil W Nwhdwd olT"v 9% PUILADFITHIA IXODINI 11 D�SURA.N('F C()AIPAN)('` 91uit fh(-, scal affixed, o smd wstrwnenr is ihc
(7(lrp,'yren1 sctd o( said hmi floc smd Coqlc)nanc, scml,md hr', 'Opqnnirc en., duk affixed
It , NN6YLVANiA
ay �u wo a ]
M,VXl1,k A KWOPKA, NOWY
u7m, "Vrm� 7 op law ",ay
w� M ,, �t,
Vol,
. . . . . . . . . . ............
�cs�djng M linla-COmwyd, PA I'll __
(Sumn sw
"Ay (:omnil�auon exrphrcs� Dce�—rllhe��
W, Edvrord Sayari.o, Sc'icnjry ol� PHILADE'ATHIA [NDININJ P( COMPANY, &Gap nNy Ow =00m WE Rmd of
D��eQtl,rs, and thk P��rvcl of Ammwy Issued pmqcuua[ 01creirl on Oils l0l'' id of h,�ilc: n1le andc4,e-1,,.,ci and ve stin In lull 6o a, and etfect. I llo finther celldyllhel
Roberi D, O'Lemy Jr-'whil the Pelw,,,,j, of Alfwncy a,, Presakml, Wd" On llic drti"'r (aflhe, wtr,�ched ll(nxi at A tomey Oi , dWy de0ed ot
PHI LADYT PHIA NDEAJ",yj Ilry [NST,:rPAN('F V
al arl'i'led, Hn took .0 9 no" hmmplhis clav (4
M'l wle�rcof h huv�, srlh�crihcd ol, D,
r.
NNOW sayapAlq" aw smnemn,
PHIL %DFTPH1,% l'aJ)E)IMTV INAAANCE CIAWANN
PHR,ADE'LPH1A lNDVIIN11 I 1'NSV.JRAN(:'E CONUNNY
2'H Si Asaph's Rd.Smla! l(W
T& CpwOAAA NNW 0%
P'o)w c r o fA h t o r R-i cy
PYWIRIT n
912115 CCAGENDA PACKET FAGE .261
ENDORSEMEN'T
Attached to Guarantee No. CATT0723.-0723-0051-000017123Z-C.-HC-2015-Gl4
Issued By
Chicago Title Insurance Cornparry
1"he Company hereby assures the Assured that, subsequent to the date of the Guarantee issued
under the above number, no matters are shown by the records referred to in that Guarantee which would
affect the assurances in said Guarantee other than the follovving.
None
This endorsement is made a part of said Guarantee and is subject to the LIABILITY EXCLUSIONS
AND I-IMITATIONS contained therein. The total liability of the Company under said Guarantee and under this
endorsement shall not exceed, in the aggregate, the amount stated in said Guarantee.
Dated: August 1, 2015
"I -I il CL" i L) J itle Insur""ll"Ice
C71 ('-t I I'l p a I'l N"
n['1 f (IF)
Date,Dwon En,,Jcvsenw,,fU
CLTA Gu�ir,.mtele, Rrnn Nf), 19 (9124170)
912115 CC A G EN DA PA CKE T FAA 'G"E" 262
COVERAGES CERTIFICATE NUMBER:14-15 GL REVISION NUMBER:
THIS CERTIFY THAI 17HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUIED TO THE INSURE5—N-AMED A13OVE FOP, THE POLICY PERIOD
INDICATED. NOTWrt-ISTANDING ANY REQUIREMENt, TERMI OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VM1`H RESPECT TO WHICH THIS
KITED.
CERTIFICAI'E MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL "T'HE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICtES,
LIMITS SHOT W'N MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ADO
.... SORR
LT R� TYPE OF INSURANCE
P6UCYEFF POLICY-tx1p LIMITS
POLICY NUMBER IMMIDofyYyyl J_MMvDD/YYYYI
X COMMERCIAL GENERAL LIABILITY
iACH OCCURRENCE 1, O�00, 000
WmAr,,X, rORENTEED
S'....
A CLAIM" MADE I J OC(,I,)R
PREMISES (Ea arxp((enw) ...
X = Y
0(I0556382 11/21/203A 11/23-/201.5,MEDLX ,'SA4lY rains poistiffit 5 _ Excluded
PERSONAL & ADV gNA)RY 1, 000, 000
_
GEN1 AGGREGAtE uldl FAPPI 11-5 PFP
GFNFRk_Ar',�(,'REGA I E $ 2,000,000
JErrPRO-
FIOLICY 'T
PRODUCTS - C,0MINOP A $ Excluded
Damages to Pmrtmes Reritod $ 50, 000
_
775 W Fdj Fe. 9 1 R ( 7I I'— ij, $
AUTOMOBIAX LIABILITY
a5u1
a riD l )
801)1rYINUURY (Per porse)11l
ANY AUTO
NED
AIA, C9WNED SCHEDULE[)
BODILY INJIJR�Y Wer a
All
AUTOS AIPOS
NON-0� IE)
PROPER N Y DAMAG1,;
HIRED AUFOS AU108
(Pwa=jdam)
8 LA LIAI
UMBRELLA LIAB I
UM REL
FACI I OCCURRENCE
EXCESS LIAB C� AIMS-MADIE
Mad "d",;
$
D,H) REIFNTQN$
PER
j WORKERS COMPENSA"nON
s rATIJ11 ER
AND EMPLOYERS' LIABILITY Y f Ni
�ANY PROPIRIEV 'OROIARYNEfli?EXI-CFl-TIVE
[- X
E L I"ACH ACODENI
OFIRCFWMEMBER
I IMandatory It% NH�
E I FXSI,-ASE , EA E Mn,oy��,d s
I I - I
I
I� yes CJO,9Vlhe UnJor
I)ESCRIPTION OFOPERADONS trd0W
�ASEASE,POL�CYR[UII S
DESCRIPTION OF OPERATIONS I LOCA 11ONS, I VEHICLES (ACOIRD IDI, Addiflonal Remarks fthedjute, may be atta ched If more space I$ re(INA red)
When reqi�iired by written contract,
the City of Bakersfield, mayor's council, its employees, agents and
are added as Additional
Insured s to the General Liability per form #C G202!6 0704, with Waiver
lvolunteers
of Subrogation per form #C G2404 O509, Primary wording per form AP5031US 04-101, and Cancellation per form
AP1015US 03-06 ject to the terms, conditions, and exclusions of the Policy. Forms forthcoming from
Company.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
RATE �O
City of Bakersfield
ACCORDANCE WITH THE POLICY PROVISIONS,
C WITH
Public Works Department
1501 Truxtun Ave.
-nV,.
Bakersfield, CA 93301
"p S T
AtJTHORIZED REPRESENTAnVE
PM,c,[Th
@ 19881 - 2014 ACORD CORPORATION. All rights reserved,
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
I' SO25 om ani,w
COMMERCIAL GENERAL LIABILITY
Name Of Additional I
:4:frel 10 901 0.0.0.0.0.0.0.4ff oil
I
MMHIM���
Or Organ
"City of Bakersfield, its mayor, council, officers,, agents, employees, and volunteers"
Public Works Department
1501 Truixto,n Avenue
Bakersfield, Ca 93301
Northwood., Tract No. 6364, Bakersfield, CA 93306.
Information reauired to complete this Schedule, if not shown, above, will be shown Nn the Declarations.
Section 11 — Who Is An insured is amended to in-
clude as an additional insured the person(s) or organk
zatlon(s) shown in the Schedule, but only with respect
to liability for "bodily injury", "property damage" or
"personal and advertising injury" caused, in whole or
in part, by your acts or omissions or the acts or omis-
sions of those acting on Your behalf:
A. In the performance of your ongoing operations or
B. In connection with your premises owned by or
rented to you.
CG 20 26 07 04 @ ISO Properties, Inc., 2004 Page 1 of 1 0
FXHIR,IT F
912115 CC AGENDA PACKET PAGE 264
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARFEULLY.
WAIVER OF SUBROGATION ► REQUIRED BY
CONTRACT
This endorsement modifies insurance provided under the following!
ALL COVERAGE PARTS
The Company agrees to waive any right of recovery against any person or organization, as
required by written contract, because of payments we make for injury or damage which is limited
to Viability directly caused by "your work" which is irnputed to Such person or organization.
w =11151131 1!11111!i I 15
AP5004US 11-06 Page 1 of 1
FXHIRIT E
912115 CC AGENDA PACKET PAGE 2 65
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NON CONTRIBUTOR]
ENDORSEMENT
This endorsement modifies insurance provided under the follovAng:
ALL COVERAGE PARTS
Or Oraaniization(s):
"City of Bakersfield, its mayor, councH, officers, agents, employees, and
volunteers"
if no entry appears above, this endorsement applies to all Additional Insureds covered tender
this volicv.
Any coverage provided to, an Additional Insured under this policy shall be excess over any other
valid and collectible insurance available to such Additional Insured whether primary,, excess,
contingent or on any other basis unless a written contract or written agreement specifically
requires, that this insurance apply on a primary and noncontributory basis.
AP5031 US Q4 -'f 0 Page 11 of I
FXHIBIT E
912115 CC AGENDA PACKET PAGE 266
THIS ENDORSEMENT C�HiAN;GES THE POLICY. PLEASE READ IT CAREFULLY. I
CANCELLATION AND NON RENEWAL, NOTICE TO
THIRD PARTY
The following is added to the CANCELLATION AND NON-RENEWAL condition of this policy:
If we cancel or non-renew this policy, we will send written notice of cancellation or non-renewal to
the person or organization shown in the Schedule below at the address shown below.
If the policy is being cancelled for non- payment of premium, the notice will be mailed at least 10
days before the effective date of the cancellation, If the policy is being cancelled for any other
reason or non-renewed, the notice will be mailed at least 30 days before the effective date of the
cancellation or non-renewal. If notice is mailed, proof of mailing will be sufficient proof of notice.
SCHEDULE
"City of Bakersfield, its mayor, council, officers, agents, employees, and volunteers"
• •3
AP 10 1 5US 03-06 Page 1 of 1
EXHOT E
912115 CC AGENDA PACKET PAGE 267
0,
00 '00I0 0 )10 010 01
1/1 Vy,VPU4 4;
K, 'E R S F I FE 1, F)
Workers' (.on:ipensation Cavierage
[�,,`,'xeinpflon Declaration
The unduiWned (huc%Aer refirred to as ""I" ur- "Nic") hereby clechores that the
following, is trcic iintd correct:
I am M1, illdiViLILL1.1 or a compmy W has anav? or W be —entering. into an agreeniew
whh Be Cly or MemAdd U) pmAdc gmxk Ior ma0c".
am Nmuhr "ith flv"° tennis of' said agreenicia which ruquic Nit to muhradi "Wen'
cwtyagc as roquame by (AhMa Law,
ani larnihar k0h the %York),rs* c(xnpCT1S,1fi(,M LOA'S OFC atjjt(jj.jjjij (gej'jeTr;'jjj'4) corrt','Jjj%�(j rt)
scuMn .a NCH) of The Ulmn (Ardey Mulng lose provisions )k'IficJi 1,"rrovidc, f6r specific
exemptions Sm the rcc1tjrcirwiu W aril employcis niml CWTY "vrkrf conVcwmdurl
insun,:,ince, and I am cxeaqAcd Lmder the Jaw hinn the req➢rcnwnl to nudntain workers'
cofnpc',,,nsafion Wiv',,urunn cc covcraLTc
In MMUL duhng the rumi of any v"vk Wr the Ch y or 13akunsfic[d under sdd agreentenT.,
Q I &I mn emplo) any person in any manner qcj as tc') beccuvw sut)ject m the v,,�,,irkcrs'
compensafic"al kiv""S o ' (,"ahfornia, or W) shoWd I Wwnc sulpet to the =Ws
compenmakm prvvi�,ion ('of SecfiOn 37()0 of �itc (.'o it,, 1),"�r rcitsW:)n, I Sh"'W
WIM coaqfly Yvith fl'wsc jxovisions and send ev,dcnce ofci('+rnphance to thw City Ot
HakeTsHeld.
F11 I I
Managing Member 661
Symbolic Investinent & (�perating Coinpany, LLC
('i ty of f3a,kers field
I'Liblic Wo�rks f)cpartment
1600 Truxtun Avenue
BakersField, CA 93301
To W'hom It May (.'oncern:
Nease be adviscd that Nye do not h,,�ivc any company vehicles and therefore do not have auto
ilISUrance.
Sincerely, —
Tim Lew�-
EXHIBIT E
912115 CC AGENDA PACKET PAGE 269
enaif
MEETING DATE: 9/2/2015 Consent -Agreements o.
TO: Honorable Mayor and City Council
FROM: Dianne Hoover, Director of Recreation and Parks
DATE: 8/14/2015
WARD: Ward 4
SUBJECT: 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 October 1 and
4, 2015, to accommodate additional parking for two different special
events at the Bright House Networks Amphitheatre.
STAFF RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
During the month of October, two events will take place at the Bright House Networks
Amphitheatre which are anticipated to create a demand for parking that the exceeds the on
site parking capacity at the Park at River Walk. The two events are Gary Allen on October 1 st
and Gospel Fest on October 4th.
As done previously for large events held at the venue, the City is proposing to enter into an
agreement with Albertsons to utilize the company's vacant property located at the southwest corner
of Stockdale Highway and Buena Vista Road, which is within close proximity of the venue. The
utilization of the property allows AEG to facilitate the parking needs of attendees for each of these
events and there is no direct cost to the City for the use of the lot.
In exchange for the use of the lot, the City has agreed to provide weed control and litter removal from
September 3rd through November 20, 2015. Albertsons has requested an indemnity clause be included
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 expenses of
litigation and reasonable attorney' fees) arising from, or connected with the City's use of the lot on
October 1 st and 4th, 2015 and the City's maintenance of weed control and litter removal.
Staff is recommending approval of the agreement.
ATTACHMENTS:
Description Type
Parking Agreement Agreement
912115 CC AGENDA PACKET PAGE 270
AGREEMENT NO.
LICENSE AND INDEMNITY AGREEMENT
THIS AGREEMENT NO. is made and entered into on
, by and between ABS SURPLUS-0 LLC, ( "Licensor "), and the CITY
OF BAKERSFIELD, a Charter City and municipal corporation ( "Licensee ").
RECITALS
WHEREAS, Licensor owns a vacant lot at the southwest corner of Stockdale
Highway at Buena Vista Road, Bakersfield, California (the "Store Premises "); and
WHEREAS, Licensee, through its agent AEG Management Bakersfield LLC, is
hosting a Gary Allen Concert and a Gospel Fest event at nearby Park at Riverwalk
(the "Events ") and such park may not have the parking capacity to accommodate
the expected number of patrons; and
WHEREAS, Licensee desires to enter into the parking lot of the Store Premises
(the "Licensed Premises ") for the sole purpose of accommodating additional parking
for patrons of the Events.
NOW, THEREFORE, incorporating the foregoing recitals herein, Licensor and
Licensee mutually agree as follows:
I. LICENSE. In consideration of the covenants herein made by Licensee,
Licensor does hereby grant to Licensee the privilege and license to use the Licensed
Premises on October 1, 2015, between the hours of 4:00 a.m. and 11:59 p.m. (the
"Use Period ") and on October 4, 2015 between the hours of 4:00 am and 11:59 pm
(the "Use Period ") unless sooner terminated as set forth below. Licensee may use
the Licensed Premises only for the sole purpose of accommodating additional
parking for patrons of the Events. Licensor agrees to waive a License Fee. Licensee
agrees that it will not charge a fee for parking in the Licensed Premises.
2. LICENSEE'S DUTIES. During the Use Period, Licensee shall at all times
keep the Licensed Premises in a clean, neat and safe manner. Licensee agrees to
provide dust control in the Licensed Premises during the Events. At all times while
upon the Licensed Premises, all agents and employees of Licensee will observe all
reasonable rules and regulations which Licensor may prescribe for the protection of
the public, its personnel and property, including but not limited to safety rules and
LICENSE & INDEMNITY AGREEMENT
S: \GS Superintendent \Cacal \Superintendent \City Manager \TPRW \Overflow Parking \Agreement for Overflow Parking with
Albertson's for October Events.docx
-- Page 1 of 5 Pages --
912115 CC AGENDA PACKET PAGE 271
provisions against smoking. Notwithstanding anything to the contrary herein,
Licensee, and not Licensor, shall be obligated to provide all security services
necessary or appropriate for the safe and secure use of the Licensed Premises
during the Use Period and on the ways immediately adjoining the Licensed Premises
during the Use Period by Licensee and Licensee's agents, employees and customers
and for the protection of all persons using the same pursuant to this License or
allowed to enter the Licensed Premises and on the ways immediately adjoining the
Licensed Premises by Licensee and for the protection from theft, damage or
vandalism of their automobiles and other property, and Licensor shall have no
responsibility or obligations in connection with such safety or security during the Use
Period. In addition, Licensee agrees that during the Use Period no sale, service, or
consumption of alcoholic beverages will be permitted on or about the Licensed
Premises or Parking Lot. Licensee agrees to provide litter removal and weed control
in the Licensed Premises from August 27, 2015 through November 20, 2015.
3. INDEMNITY. Licensee shall indemnify and hold Licensor and its affiliates
and subsidiaries harmless from and against any and all loss, damage, liability or
claims (including, without limitation, costs and expense of litigation and reasonable
attorneys' fees) (collectively, "Claims ") arising from, or connected with this
Agreement. Licensee hereby indemnifies, holds harmless and agrees to defend
Licensor, its affiliates and subsidiaries from and against all claims, damages and
expenses (including without limitation, reasonable attorney's fees and investigative
and discovery costs) liabilities and judgments on account of damage to or theft of
property occurring on the Licensed Premises and on the ways immediately
adjoining the Licensed Premises arising out of (i) the failure to provide any such
security services (ii) the failure to repair any such damages, or (iii) any other use of
the Licensed Premises as provided herein. Licensee's obligations with respect to
indemnification hereunder shall remain effective, notwithstanding the expiration or
termination of this License, as to claims arising or accruing prior to the expiration or
termination of this License.
4. INSURANCE. Licensee shall maintain at its sole cost and expense at least
the following insurance covering its obligations under this Agreement and naming
Licensor as an additional insured:
4.1 Commercial General Liability for injury to persons and damage to
property in an amount not less than Two Million Dollars ($2,000,000) for each
occurrence;
4.2 Comprehensive Commercial Automobile Liability for owned
vehicles and for hired and non -owned vehicles in an amount not less than Two
Million Dollars ($2,000,000) for each accident; and
LICENSE & INDEMNITY AGREEMENT
S: \GS Superintendent \Cacal \Superintendent \City Manager \TPRW \Overflow Parking \Agreement for Overflow Parking with
Albertson's for October Events.docx
-- Page 2 of 5 Pages --
912115 CC AGENDA PACKET PAGE 272
4.3 Workers' Compensation at statutory limits and Employer's Liability
at limits not less than One Million Dollars ($1,000,000).
Such insurance shall be issued by one or more responsible insurance carriers
acceptable to Licensor and licensed to do business in California. Upon execution of
this Agreement and prior to entering upon the Licensed Premises, Licensee shall
provide Licensor with a Certificate of Insurance which shall indicate all insurance
coverage required by the provisions herein and which shall provide that Licensor
shall be provided with thirty (30) days written notice prior to cancellation or
modification of such policy.
5. GOVERNING DOCUMENTS. Anything to the contrary notwithstanding,
this Agreement is subject to each and every term, covenant and condition of any
lease (whether recorded or unrecorded) and any matter of record which affects
the Licensed Premises (hereinafter the "Governing Documents "). Licensee agrees
that it will not do any act or be guilty of any omission which might be or constitute a
default by Licensor under the Governing Documents. If any approvals or consents
are required under the Governing Documents, or any licenses or permits of any kind
are required by any governmental agency in connection with Licensee's use of the
Licensed Premises, Licensee shall, at its sole cost and expense, obtain same.
6. TERMINATION. This Agreement may be terminated by Licensor for any
reason in its sole and absolute discretion immediately upon written notice in the
event Licensor is advised of an alleged default under the Governing Documents or
upon any breach of this Agreement by Licensee. Licensee shall not be entitled to,
and hereby waives, any claim of damages against Licensor for revocation or
termination of this Agreement, with or without cause, prior to the automatic
termination date.
7. REMOVAL FROM PREMISES. Upon termination of this Agreement,
Licensee shall immediately, in a good, careful and workmanlike manner remove its
property from the Licensed Premises, and return the Licensed Premises to Licensor in
as good a condition as when received.
8. INDUCEMENT. This Agreement is not induced by Licensor, and Licensee
states by way of inducement to Licensor that Licensee has determined that there is
no violation of any law being committed by Licensee or Licensor in or arising from
this Agreement.
9. ASSIGNMENT. Licensee may not assign its rights under this Agreement
to any party without the prior express, written permission of Licensor, provided
LICENSE & INDEMNITY AGREEMENT
S: \GS Superintendent \Cacal \Superintendent \City Manager \TPRW \Overflow Parking \Agreement for Overflow Parking with
Albertson's for October Events.docx
-- Page 3 of 5 Pages --
912115 CC AGENDA PACKET FACE 273
Licensee may permit its agent, AEG Management Bakersfield, LLC, to operate the
Licensed Premises during the Use Period.
10. NOTICES. All notices given pursuant to this Agreement shall be in writing
and shall be given by certified United States mail, or other established express
delivery service (such as Federal Express), postage or delivery charge prepaid,
addressed to the appropriate party as set forth below:
Licensor: ABS Surplus-0 LLC
c/o Safeway Inc.
Attn: RE Law
(RE: ABS #6330, Bakersfield, CA)
5918 Stoneridge Mall Road
Pleasanton, CA 94588
Fax: (925) 467 -3224
Licensee: City of Bakersfield
1600 Truxtun Avenue
Bakersfield, California 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 the other party.
11. CORPORATE AUTHORITY. Licensee warrants and affirms to Licensor that
any and all persons signing this Agreement for Licensee are authorized and
empowered to so sign and such signing by such person or persons does bind
Licensee to all the terms, covenants and conditions of this Agreement.
12. COUNTERPARTS. This Agreement may be executed in counterparts and
the parties agree that facsimile signatures will have the some force and effect as
original signatures.
[Signatures to follow on separate page]
LICENSE & INDEMNITY AGREEMENT
S: \GS Superintendent \Cacal \Superintendent \City Manager \TPRW \Overflow Parking \Agreement for Overflow Parking with
Albertson's for October Events.docx
-- Page 4 of 5 Pages --
912115 CC AGENDA PACKET FACE 274
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first -above written.
Licensee"
CITY OF BAKERSFIELD
M.
HARVEY L. HALL
Mayor
APPROVED AS TO CONTENT:
PARKS AND RECREATION DEPARTMENT
By:
DIANNE HOOVER
Director
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
RICHARD IGER
Deputy City Attorney
Insurance:
COUNTERSIGNED:
By:
NELSON SMITH
Finance Director
R1:lsc
"Licensor"
ABS SURPLUS-0 LLC
By:
NATACHA EPLEY
Authorized Signatory
LICENSE & INDEMNITY AGREEMENT
S: \GS Superintendent \Cacal \Superintendent \City Manager \TPRW \Overflow Parking \Agreement for Overflow Parking with
Albertson's for October Events.docx
-- Page 5 of 5 Pages --
912115 CC AGENDA PACKET PAGE 27.E
enaif
MEETING DATE: 9/2/2015 Consent -Agreements p.
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Public Works Director
DATE: 8/12/2015
WARD: Ward 5
SUBJECT: Median Landscaping on Buena Vista Road between White Lane and
Campus Park Drive:
1. Median Fee Reimbursement Agreement with Sierra Oaks
Partners, LLC ( "Developer "), (not to exceed $80,856) for median
construction and median landscaping on Buena Vista Road
between White Lane and Campus Park Drive.
2. Appropriate $80,856 developer share project cost to the Public
Works Department's Capital Improvement budget within the
Capital Outlay Fund to fund reimbursement to Developer.
STAFF RECOMMENDATION:
Staff recommends approval of agreement and appropriation.
BACKGROUND:
Landscaped medians are required on arterial streets. Developers are responsible for the
construction of the median along the frontage of their development. The first developer on one
side of an arterial street has the option to a) construct the full -width median for the frontage of
their development or b) pay the proportionate share of the cost to construct the median for the
frontage of their development. The determination of the proportionate share cost shall be
based upon an Engineer's Estimate, to be reviewed and approved by the City Engineer.
The second developer on the opposite side of the arterial street must construct the landscaped
median and may be reimbursed from the median fees previously paid for that section, if any.
The reimbursement to the developer is limited to the lower of:
Actual construction costs; or
Proportionate share of the median fees previously collected for that particular section of
median.
912115 CC AGENDA PACKET PAGE 276
As a condition of Parcel Map 12100, the Developer was required to construct portions of a new
median and to landscape existing medians along the frontage of said parcel on Buena Vista
Road between White Lane and Campus Park Drive. The Developer has expended
$189,579.54 to construct the new medians and landscape existing medians. The Developer is
entitled to receive partial reimbursement for a portion of this construction cost. Median fees
paid by previous developers for this area is $80,856. Therefore, the Developer's
reimbursement is limited to this amount.
Staff recommends approval of the agreement and appropriation of the median fees collected.
ATTACHMENTS:
Description
Type
Median Fee Reimbursement Agreement with Sierra Oaks
Partners, LLC d�rrcwcwirr��wir�
Median Fee Reimbursement Agreement - Exhibits A & B Exhlib t
912115 CC A EN A PACKET PAGE 277
AGREEMENT NO.
MEDIAN FEE REIMBURSEMENT AGREEMENT
This MEDIAN FEE REIMBURSEMENT AGREEMENT ( "Agreement ") is made and
entered into on by and between the CITY OF BAKERSFIELD, a
municipal corporation ( "City "), and SIERRA OAKS PARTNERS, LLC, a California
limited liability company ( "Developer ").
RECITALS
WHEREAS, Developer is developing Tentative Parcel Map 12100 located
on the west side of Buena Vista Road between White Lane and Campus Park
Drive;
WHEREAS, the conditions of Tentative Parcel Map 12100 require Developer
to construct the median on Buena Vista Road along the frontage of Tentative
Parcel Map 12100;
WHEREAS, Developer has constructed the median as required by
Tentative Parcel Map 12100 and referenced on Exhibit "B ";
WHEREAS, City has received median fees from other developers who were
obligated to construct the median or pay in lieu fees;
WHEREAS, Developer has expended $189,579.54 to construct the median,
as shown on the cost account summary on Exhibit "A ", attached hereto and
incorporated herein by this reference; and
WHEREAS, Developer is entitled to receive reimbursement from the
available median fees paid by previous developers for the construct of the
median.
NOW, THEREFORE, incorporating the foregoing recitals herein, City and
Developer mutually agree as follows:
1. PAYMENT TO DEVELOPER. Upon completion and acceptance by
City of the median improvements as required by Tentative Parcel Map 12100,
City will pay Developer Eighty Thousand, Eight Hundred Fifty -Six Dollars
($80,856.00) as reimbursement for the construction costs from the median in -lieu
fees paid by other developers obligated to construct the median. After the In-
G: \GROUPDAT \AGREEMENTS \Sierra Oaks Partners, LLC \Buena Vista Median reimbursement.docx
Page 1 of 4
912115 CC AGENDA PACKET FACE 278
Lieu Funds are paid, City will have no further obligation to reimburse or pay
developer for the construction of the median.
2. ASSIGNMENT. Developer may not assign or transfer this Agreement or 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) without City's written consent. If CITY elects to consent to
an assignment, the assignment will be subject to any terms and conditions
that City may choose to impose. Any purported assignment not
consented to by City is prohibited and will be unenforceable and
otherwise null and void without the need for further action by City.
3. MISCELLANEOUS.
3.1. BINDING EFFECT. The rights and obligations of this Agreement will
inure to the benefit of, and be binding upon, the parties to the
Agreement and their heirs, administrators, executors, personal
representatives, successors, and assigns.
3.2. 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 will not apply to the interpretation of this Agreement.
3.3. GOVERNING LAW. The laws of the State of California will govern the
validity of this Agreement and its interpretation and performance.
Any litigation arising in any way from this Agreement must be
brought in Kern County, California.
3.4. INDEMNITY. Developer must indemnify, defend, and hold harmless
City and City's officers, agents, and employees against any and all
liability, claims, actions, causes of action, or demands whatsoever
against them, or any of them, before administrative or judicial
tribunals of any kind whatsoever, arising out of, connected with, or
caused by Developer or Developer'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
G: \GROUPDAT \AGREEMENTS \Sierra Oaks Partners, LLC \Buena Vista Median reimbursement.docx
Page 2 of 4
912115 CC AGENDA PACKET FACE 279
indemnified hereunder, except for City's sole active negligence or
willful misconduct.
3.5. MERGER AND MODIFICATION. This Agreement sets forth the entire
Agreement between the parties and supersedes all other oral or
written representations. This Agreement may be modified only in
writing approved by the City Council and signed by all the parties.
3.6. NEGATION OF PARTNERSHIP. City will not become or be deemed a
partner or joint- venturer with Developer or associate in any such
relationship with Developer by reason of the provisions of this
Agreement. Developer will not for any purpose be considered an
agent, officer, or employee of City.
3.7. TAX NUMBERS.
Developer's Federal Tax Identification No. 46- 3074438.
Developer is a corporation? Yes No X
3.8. NOTICES. All notices relative to this Agreement shall be given in
writing and shall be personally served or sent by certified or registered mail and
be effective upon actual personal service or depositing in the United States
mail. The parties shall be addressed as follows, or at any other address
designated by notice:
CITY: CITY OF BAKERSFIELD
Public Works Department
Attn: Assistant Public Works Director
1501 Truxtun Avenue
Bakersfield, California, 93301
DEVELOPER: Sierra Oaks Partners, LLC
1518 Mill Rock Way, Suite 101
Bakersfield, CA 93311
[SIGNATURES ON NEXT PAGE]
G: \GROUPDAT \AGREEMENTS \Sierra Oaks Partners, LLC \Buena Vista Median reimbursement.docx
Page 3 of 4
912115 CC AGENDA PACKET FACE 280
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed on the day and year first written above.
"CITY"
"DEVELOPER"
CITY OF BAKERSFIELD SIERRA OAKS PARTNERS, LLC
By:
HARVEY L. HALL Title:
Mayor
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
ANDREW HEGLUND
Deputy City Attorney
APPROVED as to content:
PUBLIC WORKS DEPARTMENT
NICK FIDLER
Public Works Director
COUNTERSIGNED:
By:
NELSON K. SMITH
Finance Director
Attachments
Exhibit "A"
Exhibit "B"
G: \GROUPDAT \AGREEMENTS \Sierra Oaks Partners, LLC \Buena Vista Median reimbursement.docx
Page 4 of 4
912115 CC AGENDA PACKET FACE 281
. _......._.
a e grand eat" tae the Aa -fftg;a
LAN 4fWWkftbsPerfaMsd
Tmdw coot
Men
uhn
retat
401=0 gab pok34*W
cad&
ROLIM0 m
FWas
t>a
0Q20v*1me pb3
mxxm zu
30AM
1=
fAMQ
b
b
�
M2t9a41M
003bMA%ipstkdfca
STRIP m
0,11*00
1A
b
;71,3t9i"
004ptry4i
18sw ig
STRIP 243
siM6w.710
t. 0
k
silk f]t
Odtittloprgtwxwtl bptf3
WRIP 243
611010 243
31.3i1M
ttiQQ
k
M4. 4M0
OtiT">pa4lMktarat4a"Mtr3
SUM 243
$28,}t M
3U%452=
1A410
tm
k
k
S2ai47Mt6
BPtctsaBen�d"a
243
S p«4 M
im
b
STAMM
$W
a
243
ms"
1„
b
z $6,W
Otgplapt3pi4ig
STRIP 243
$47,112X0
tAi�
k
2
Qtt °Oib3
STRIP 243
St',i,SXTA
tm
h
31S�tt2
O12"ftmaa' N
STRIP 243
iS, MAD
t11P@
b
4p
Total for odginal Contract. $453,161.40
The work "ultr " ad by tlds saetr"et eha0 bo peri mow' Oie Te m" and Csndttlons d w1Wn your onlraet Agmwm#t cefftet
No. Doom" dated 1WIV2013 excs0 at expressly medld®d above. Piam au a of this Psymant 3dmW%a1ma *Uh
Year bn it" and cpfpropd"ts deepmtnladon is nurAcaaunting OtpUfte"t to pacpts L
Plea" xipn th" a"kEwwttdpnaxnt bNaw WW mtwn ts: WOOO9 E PA
OUP, C idwj-
WCIOO9RfOMP1104C GROUP, t7411 A So4w ton
V2" t n t4 wsa ML 210
wuk411*.1*=$t
EXHIBIT A
912115 CC A EN A PACKET PAGE 282
W
'nrrua 3
COMMd•
i0V%ftoa Consvwftm ina
Install ON street improvements an Buena Vista pNm3 perplans devetoped by Porterand
Ws:
y12290 01WaGa vrarir o A t nldy SV: $Z0,�47 ti8
1. Graft and cmapad for curb and gtdlat
2. In doll 1.724 LF curb and putter
I Grade and co npad iat handicap ramps
4. lnsbiii 1,500 SF hendk ep ramps
wale
ExMbil *A*
1011412014
COADW # WOMS37
Landscape Devftmant Inc
[OX911JUIRM
Addendu€n to Contr�c! No Q687
Son attached payment schedule
i,
FxNIB17 A
912115 CC A EN A PACKET PAGE 284
WOODBRIDGE PACIFIC GROUP, LLC
Payment Schedule
Uns Ixs ftMw" 31's. w
1*21,01, CA02611
F}1: �949j24t 1*2 FAX: (9491I46 -6112
TO: LANDSCAPS DEMOPMWT INC
OFFSrrE
CONTRACT#
00005837
23447 Withanpoon Padway
vetands, CA 0133$
Date:
10114)2014
(6e11295.19713
PMI*tt:
Sleffe Gak$
Phase:
X101.010 overall
11ATTN:
Trattl-
I
This CON MA C r Includes aft Mateda), tatrw and E9.1p. niit—MCOMPY to C ampleta the fallawfag work-
La#D"Croven of Work to be Performed Trade
Cast
unit
MY
unit
Code
P*o
rteo
051 MIM
20-24
.-L
MAIM
002 bdft"1rAftbA&Mpe QN917
2M
PAR=
1.000
B
$4119uo
003 nwftAM*j"M(t2M"ft) C
20.271
swal)
ixw
Is
staff.20
004 b01fwMh'*Qpv ONSIM
21100
asp"M
1099
b
$26,119340
QNM
70- 2a
us"M
US"
006 wwdW*4 hgqabi CMMM
20371
$91 law
1.460
B
$51 lags
2 007 wwft*swwswf cfaus
a.??I
SHAMM
'11
$nmn
atilt wooeftew4AMM Was
ZVVI
S4,24M
Low
$4,242.99
009' haidx*t CHUM
20.271
SNIMM
1.140
Is
supul
I
a I a 0* deduccil Mus
20371
S3.4sum
4.000
%
Total for Odginal Contract: 5211,733.00
Z-M
EXHIBIT A
912115 CC AGENDA PACKET PAGE 285
EXHIBIT
VIII ISierra k �f, •
Associates: Provide labor and material necessary to complete rough grading and street improvements along
Buena Vista phase 4 and Campus Park Drive along Montrio Frontage, All work to be performed to
City of Bakersfield and County of Kern standard per approved plans developed by Porter and
Concrete: -243
Curb and gutter with compaction
846
LF
$ 15..00
S 12,690.00
Commercial DWA with compaction
600
SF
$ 6,50
S 3,900.00
y ,'M" meifian curia with compaction
290
LF
S 1100
S 3,480,0
o curb Ramp
2
EA
S 275.04
S
Total
$ 20,620.00
Paving: -243
included in rough
Fine grade & compact 1.5' 95%
grading
Sawcut existing asphalt
845
LF
$ 1.00
$ 845.00
Import, place, compact .40' CL Il agg. Base
14,775
SF
$ 0.72
$ 10,638.00
Import, place, compact .30' asphalt concrete
14,775
SF
$ 2,05
$ 30,288:75
Fog Seal wISSA H oil
14,775
SF
S 0.04
$ 591.00
Total
42,362.75
S unanwtstrirpina:
Striping,
Removal of existing stri In :
Remove channelizer
1
EA
Retail 39 (6" white bike lane wlno Rpms)
575
SF
New thermoplastic stripina:
Detail 38'(8" white channelizing tine wlRpms)
400
LF
Detail 39 (6 "white channelizing line wlno Rpms)
475
LF
Bike lane symbols and arrow
2
LF
Type IV arrows (8' tum)
2
EA
12" gore lines (paint)
200
LF
Yellow Island noses (paint)
2
EA
mobilizations
1
EA
Traffic control
1
EA
Slanaae-' -243
Relocate existing signs
5
LA
R7 -9 No parking bike lane
3
EA
R26 No parking any time
2
EA
115 -1 Do not enter
1
EA
Q markers
2
EA
Total
$ 5,800.00
Misc. fine aradefclean ug_232
fine grade right of way area before final acceptance
by City
All final site clean -up
Total
$ 3,000.00
Total for Buena Vista Phase 4 $ 86,782.75
Page 1 of 3 EXHIBIT A
912115 CC A EN A PACKET PAGE 286
WOODBRIDGE"-'4CIFIC GROUP, LLC
r`,..r �yment Schedule
27285 Las Ramblas Ste. 230
Ln# Dwedp(lon of Work to be performed
Mission Vl*, CA 92691
cost
unit
PH; (M)3484162 FAX: (949134"163
unit
Total
TO- TURMAN CONSTRUCTION COMPANY, INC
OFFSITE
Price
4301 Park Circle
CONTRACT#
00006804
Baketsfield, CA 93308
20232
Date:
I
03103=14
LS
$15.00IL00
Project:
Sierra Oaks
20-243
$15A00
Phase.,
65-101-0100yeran
IATTN:
003 re
STRIMP
20443
KOO
600.001)
Tract:
I
This CONTRACT Inchides all Material Labor and Equipment necessary to complete file following war*..
Ln# Dwedp(lon of Work to be performed
Tiede
cost
unit
Qty
unit
Total
Code
Price
Price
001 X"bgrading
ROUGRD
20232
$15,000M
1.000
LS
$15.00IL00
002 curb and Duller
STRIMP
20-243
$15A00
846.000
LF
$12,690A0
003 re
STRIMP
20443
KOO
600.001)
SF
$3$3,000.08 o
04 fypa'M'rnadklncurb
STRIMP
20.243
$12.000
290.000
LF
$3,480.00
STRIMP
20243
$275.000
ZODD
EA
$550.00
006
STRNP
20-243
$1.000
845,000
LF
$845,00
007 impart place waW.40'
STRIMP
20243
$0.720
14775,000
ST
$10,638.00
DOS Import place oampact 10'
STMMP
20-243
$2.050
14775,000
SF
$3012611,75
009 fog seal
STRIMP
2.0743
$0440
14775A00
SF
$591"
DID a9 tg
STRIMP
20243
$5,800.000
to
LS
$5,000.00
311
ROUGRD
20232
$31000.000
1.0010
LS
$3,000,00
312 Mugb grading - Campus Pink
ROUGRD
20232
51510001000
100
LS
$15,000.00
)13 C&GWiWMp8C116n
STRIMP
20-243
$15,000
682,000
LF
$10,230.00
)14 Type M median curb Woompadian
STRIMP
20-243
$121000
763.001,
LF
$911158.00
)IS 5.0 si4lswalkg tlkm
STRIMP
20243
$3.000
171000
SF
$5,130.00
016 10.0'MUStamuliluselmh
STRIMP
20-243
$3.000
3550000
SF
$10165040
117 be grade and owpd Ift @ 95%
STRIMP
20243
$0.170
21940,000
SF
$3,729.80
116 knpK plaw wmpW AD'
STRIMP
20-243
$0,720
21940.01
SF
$Amell
)19 impoftpt"W""dw
STRIMP
20.243
$2.050
21940.000
SF
$44,977.00
120 togs"
STRIMP
20243
$0.040
21940.000
SF
$07710
121 be grade & wmW 1.9 @ 95%
STRIMP
20243
$0.250
4530,000
SF
$1,177.80
122 import platy co upO T asphak
STRIMP
20.243
$1.260
030,000
SF
$5,662.50
23 luslallasphaft tub
STRIMP
20243
$12300
20CAM
LF
$2,460.00
,24 kg 86111
STRIMP
20 243
50.040
400,000
SF
$181.20
26
STRIMP
20243
$10,070.000
I=
LS
$10,070.00
26 mimfinegradaidean up ROUGRD 20-232 $6,01)(1.000 1.0010 LS S6,000'0e
to work authorized by We contract shah be performed under the Terms and Conditions contained within your Subcontract Agreement..
). 000)05804 dated 03MV20 except as expressly modified above. Please submit a copy of this Payment Schedule along with
or Invoice and appropriate documentation to our Accounting Department to expedite paymenL
ease sign the acknowledgment below and return to: WOODBRIDGE PACIFIC GROUP, INC. within three(3) days.
WOODBRIDGE PACIFIC GROUP, LLC Authorization TURMAN CONSTRUCTION COMPANY INC
27285 Las Rambles Ste. 230
mesion %R*" CA 92891
PR (949%wl FAX: (848j3C8.818
offtclor) Date Date
Page I
EXHIBIT A
912115 CC AGENDA PACKET PAGE 287
y
1
1
Aa
912115 CC A EN A PACKET PAGE 288
iy
rs
dlk
rr
0
912115 CC AGENDA PACKET PAGE 289
ol
z
m
re I'll,
U
I.
10
w
CL
ui
fn
sr
mo-me sai
rs
dlk
rr
0
912115 CC AGENDA PACKET PAGE 289
enaif
MEETING DATE: 9/2/2015 Consent -Agreements q.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: 8/18/2015
VI %1 N 13
SUBJECT: Amendment No. 1 to Agreement No. 14 -318 with General Tree Service
Incorporated ($325,000; not to exceed $650,000 and extend the term
to June 30, 2016) to continue the tree trimming service.
STAFF RECOMMENDATION:
Staff recommends approval of amendment.
BACKGROUND:
In November 2014, bids were solicited for the annual contract for tree trimming services
resulting in three bids submitted. On December 10, 2014, Council approved the annual
contract for tree trimming service to the low bidder, General Tree Service, Inc., in the amount
of $325,000; with the option to renew annually thereafter for four consecutive one -year periods
per the terms of the agreement.
Currently there is $19,000 available on this agreement. Extending the term and adding
$325,000 will allow the Parks Department to continue with the scheduled maintenance and
removal of dead trees. Contract activity has increased with the need to remove dead trees
due to the drought conditions. The contractor has performed all services on a satisfactory
level. There is no increase in the unit price to extend this agreement. This amendment aligns
the expiration date with the fiscal year end; changing the term date to June 30, 2016, will assist
with managing the department budget for this service. However, due to extraordinary
circumstances brought on by extended drought conditions, even with closely monitoring this
contract, an additional financial adjustment may need to be made prior to June 30, 2016.
If approved, Amendment No. 1 will add $325,000 for a revised not to exceed amount to
$650,000 and extend the term to June 30, 2016. Funds are budgeted in the Parks Department
FY 2015 -16 operating budget within the General Fund for this contract. Approval of the
amendment will allow the City to continue to meet the demand for tree trimming services.
ATTACHMENTS:
Description
D Amendment 1 to AC 14 -318 for Tree Trimming Service
Type
Agreement
912115 CC AGENDA PACKET PAGE 290
AGREEMENT NO. 14 -318 (1)
AMENDMENT NO. [1] TO
AGREEMENT NO. 14 -318
THIS AMENDMENT NO. 1 TO AGREEMENT NO. 14 -318 is made and entered
into on , by and between the CITY OF BAKERSFIELD, a
municipal corporation (referred to herein as "CITY "), and General Tree Service,
Incorporated (referred to herein as "CONTRACTOR ").
RECITALS
WHEREAS, on the 16th of April 2014, the CITY and CONTRACTOR have
entered into Agreement No. 14 -318; and
WHEREAS, the parties desire to amend Agreement No. 14 -318 to extend
the agreement term which currently expires December 31, 2015 to expire June
30, 2016, and increase compensation THREE HUNDRED TWENTY -FIVE THOUSAND
DOLLARS ($325,000); to allow continuance of providing tree trimming service;
and
WHEREAS, CITY and CONTRACTOR have agreed to extend the agreement
until June 30, 2016, and increase compensation THREE HUNDRED TWENTY -FIVE
THOUSAND DOLLARS ($325,000)); to allow continuance of providing tree
trimming service; and
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and
CONTRACTOR mutually agree as follows:
1. Section 2 of Agreement No. 14 -318 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 a total payment NOT
TO EXCEED SIX HUNDRED FIFTY THOUSAND DOLLARS ($650,000) in accordance
with the bid documents.
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. Section 12 of Agreement No. 14 -318 entitled "TERM" is hereby
amended to read as follows:
912115 CC AGENDA PACKET FACE 291
12. TERM. Contractor shall provide services in strict accordance
with the terms set forth in this Agreement through June 30, 2016, unless sooner
terminated as set forth in this Agreement. The Agreement shall be renewable
annually thereafter for three (3) consecutive one -year periods. Renewal options
shall be exercised at the sole option and discretion of the City of Bakersfield.
3. Section 33 of Agreement No. 14 -318 entitled "SB 854 COMPLIANCE"
is hereby added as follows;
33. SB 854 COMPLIANCE. To the extent Labor Code Section 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.
4. Except as amended herein, all provisions of Agreement No. 14 -318
shall remain in full force and effect.
-- 000-
IN WITNESS WHEREOF, the parties hereto have caused this Amendment
No. 1 to Agreement No. 14 -318 to be executed the day and year first above
written.
"CITY"
"CONTRACTOR"
CITY OF BAKERSFIELD GENERAL TREE SERVICE, INC.
By:
HARVEY L. HALL
Mayor Print Name:
Title:
APPROVED AS TO CONTENT:
FINANCE DEPARTMENT
912115 CC AGENDA PACKET FACE 292
SANDRA JIMENEZ
Assistant Finance Director
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
JOSHUA H. RUDNICK
Deputy City Attorney
COUNTERSIGNED:
By:
NELSON SMITH
Finance Director
Insurance Approved by
Risk Management:
912115 CC AGENDA PACKET FACE 293
enaif
MEETING DATE: 9/2/2015 Consent -Agreements r.
TO: Honorable Mayor and City Council
FROM: Nick Fidler, Public Works Director
DATE: 8/13/2015
WARD: Ward(s) 1, 2
SUBJECT: Contract Change Order No. 27 to Agreement No. 13 -140 with Security
Paving Company, Inc. (decrease of $121,355.84; revised not to
exceed $14,228,302.03), for the SR -58 Gap Closure Project.
STAFF RECOMMENDATION:
Staff recommends approval of contract change order.
BACKGROUND:
This project consists of widening State Route 58 to three lanes in each direction from State
Route 99 to 0.5 miles east of Cottonwood Road.
Contract Change Order No. 27 provides for an adjustment of compensation to reflect the price
decrease of the asphalt binder used in the Hot Mix Asphalt (HMA) during the course of the
project. Using the formulas and tables outlined in the contract documents, this adjustment of
compensation will result in a net credit of ($121,355.84).
The sum of all change orders to date on this project reflects a total cost increase of $74,286.03
(which results in a 0.5% increase of the original contract amount) as illustrated below:
Original Contract Amount = $14,154,016.00
Amended Contract Agreement after Change Orders = $14,228,302.03
Net Increase to date = $ 74,286.03
Sufficient funds are budgeted to cover the cost of this change order.
ATTACHMENTS:
Description
D SR -58 GAP Closure CCO 27
Type
Agreement
912115 CC AGENDA PACKET PAGE 294
YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS
OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT,
NOTE: This change order is riot effective until approved by City Council or City Engiineer
Des,cription of work to be done, estirnale ofqlantitiCS, and prices to be pii& Segregate between addifional work ol'contract price, agreed price and force accwnt,
Unless, otherwise stated, rates for rental cqnipnient cover only wch time as equipment is actually used and no allowance will be niade for idle finie.
CHANGE SUBMITTED BY: Rick Millwee, Construction Superiintendent DATE: June 8, 2015
CHANGE REQUESTED BY: Rick Millwee, Construction Superintendent DATE: June 8, 2015
ADJUSTMENT OF COMPENSATION AT' UNIT PRICE:
This change order provides for adjusting the compensation payable for asphalt binder used in hot imix asphalt in accordance with
Section 5-1,37 Compensation Adjustments for Price Index Fluctuactions,, of the Special Provisions,
The total adjustment of compensation for this change is ($121,355.84).
No adjustment of contract time will be allowed for this change.
Total De-crease "1 $121 SM:
a. T NO 12:540218258041 ESTIMMUCOST:'
INCREASE
DECREASE $121,355.84
By reason of this order the time of City Council Approval Req'd YES
completion will be adjusted as follows: No AdjuStrnent NO xx
Approved As to Form: City Attorney Approved by the Council of City of Bakersfield
Approval Recommended: City Engineer Mayor
Countersigned: (Finance Director Date
We, ffie nndersigned contractor, have givcn careful considerition to tlw cliange proposed and fiereby agree, ifthis proposal is approved, ffiat we will provide all ocimpnent, morn all
niate-rilk, except as r1lay otherwise bL noted abow, and perfornialt scrvices necessary for thee work aNwespecified, and wifl accept ati full payment therefor the prices shown above.
Accepted, Date: Contractor.,
Title:.
912115 CC AGENDA PACKET PAGE 2 95
0"AILARW 0 W
enaif
MEETING DATE: 9/2/2015 Consent - Property Acquisition Agreements -
TRIP s.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: 8/4/2015
WARD: Ward 2
SUBJECT: Agreement with Victor Cotera ($277,000) to purchase real property
located at 4409 Kensington Avenue 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 $277,000 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 Centennial Corridor 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
912115 CC AGENDA PACKET PAGE 296
were 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 121st
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 periodic report.
ATTACHMENTS:
Description
Purchase Agreement
Type
Agreement
912115 CC A EN A PACKET PAGE 297
APN: 020- 524 -09
TITLE REPORT NO: FWKN- TO15000604 -MDE
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 VICTOR COTERA, 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
PURCHASE PRICE. The total purchase price, payable in cash through escrow, shall be the sum of
TWO HUNDRED SEVENTY SEVEN THOUSAND DOLLARS
t$277,000.00?
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 Chicago Title Company dated
April 21, 2015.
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 $277,000.00 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
concurrently with this Agreement, or as soon as possible thereafter when said deeds are available. After
Page 1 of 7
912115 CC A EN A PACKET PAGE 298
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. TAX EXEMPT AGENCY: All parties hereto acknowledge that the buyer is public entity and exempt from
payment of any real property taxes. Therefore, Seller acknowledges that they are solely responsible for
payment of any /all real property taxes due through the date of close of escrow, including any pending
supplemental bills.
Page 2 of 7
912115 CC A EN A PACKET PAGE 299
In the event that the current year's property tax bill has been issued at the time of close of escrow, escrow
holder is authorized and instructed to pay and /all installments, currently due, along with any delinquencies.
Escrow holder is instructed to NOT prorate said taxes. Any potential refund due to the seller, for partial tax
period ownership, will be at the sole discretion of the Kern County Tax Collector and be refunded by the
County as per their guidelines. Buyer and Escrow holder are not responsible for same.
In the event the close of escrow occurs after July 1 and before the new tax bill has been issued, Escrow
holder is authorized and instructed to prorate taxes based on the last available tax bill and forward the
prorated amount to the Buyer at close of escrow. Buyer will accept responsibility to forward said proration's to
the Kern County Tax Collector once the bills are created. Seller herein agrees to forward to Buyer any tax bills
they receive from the County of Kern.
9. FULL AND COMPLETE SETTLEMENT. Seller hereby acknowledges that the compensation paid to Seller
through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, by
reason of Buyer's acquisition of the Property, specifically including, but not limited to, any and all damage to
Seller's remainder property by reason of the acquisition of the subject Property or the installation of the
improvement project in the manner proposed, the value of improvements pertaining to the realty, leasehold
improvements, any and all claims of rental or leasehold value and loss of business goodwill (excluding
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.
10. PERMISSION TO ENTER ON PREMISES. It is agreed and confirmed by the parties hereto that
notwithstanding other provisions in this contact, the right of possession and use of the subject property by
the City, including the right to remove and dispose of improvements, shall commence on the close of escrow
controlling this transaction, 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.
11. 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.
12. 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
Page 3 of 7
912115 CC AGENDA PACKET PAGE 300
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 factor 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
13. HAZARDOUS WASTE, Neither Seller nor, to the best of Seller's knowledge, any previous owner,
tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any
hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the
Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the
presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in,
or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous
Material" shall mean any substance, material, or waste which is or becomes regulated by any local
governmental authority, the State of California, or the United States Government, including, but not limited to,
any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or
"restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of
the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined
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 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 sec. (42 U.S.C.
S9601).
14. 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.
15. 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,
Page 4 of 7
912115 CC A EN A PACKET PAGE 301
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.
16. 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.
17. CONTINGENCY. It is understood and agreed between the parties hereto that the completion of this
transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the
Buyer herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said
acceptance and approval.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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
912115 CC A EN A PACKET PAGE 302
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year
first -above written.
MAILING ADDRESS OF SELLER
4409 Kensington Avenue
Bakersfield, CA 93309 -1747
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 Att ffi y
By:
ANDREW HEGLU
Deputy City Attorney
COUNTERSIGNED:
By:
NELSON K. SMITH
Finance Director
SELLER
"
s
VI OR COTERA
APPROVED AS TO CONTENT:
By: �*
NICK FIDLER
Public Works Director
Attachments: Exhibit "A" — Legal Description and Depiction of Fee Acquisition
Page 6of7
912115 CC A EN A PACKET PAGE 303
EXHIBIT A
LEGAL DESCRIPTION OF
FEE ACQUISITION
For APN /Parcel ID(s): 020 - 524 -09 -00
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BAKERSFIELD, COUNTY
OF KERN, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
LOT 19 OF TRACT NO. 3569, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF
CALIFORNIA, AS PER MAP RECORDED APRIL 20, 1972, IN BOOK 23, PAGE(S) 117 AND 118 OF
MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT ALL OIL, GAS AND OTHER MINERALS CONTAINED WITHIN SAID LAND, WHETHER NOW
KNOWN TO EXIST OR HEREAFTER DISCOVERED, AS RESERVED OF RECORD.
912115 CC A EN A PACKET PAGE 304
DEPICTION OF FEE ACQUISITION
20-52 TRACT 3569 SCHOOL DIST /-M
rZ,"A (9
56
55 (D 53 40 IF?
� a 102
4
1 Op
09
M %
41 @
P k.
Sys "9
—
J &34 R Z
.2-9 iTe a
AIIE
q) 27
r§
2o-52-
"im.
8
912115 CC AGENDA PACKET PAGE 305
enaif
MEETING DATE: 9/2/2015 Consent - Property Acquisition Agreements -
TRIP t.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: 8/11/2015
WARD: Ward 2
SUBJECT: Agreement with David and Loretta Bainton, Trustees of the Bainton
Living Trust dated 1/5/1992 ($242,000) to purchase real property
located at 804 Del Rey Court 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 $242,000 is the property's fair market value as established by an
appraisal prepared by Affiliated Appraisers, an independent appraisal company
In addition to the purchase price the City will be paying for relocation assistance in accordance
with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(Uniform Act). The Uniform Act provides important protections and assistance for people
affected by Federally funded projects. All parties displaced by the TRIP projects will be
provided all applicable relocation benefits pursuant to the requirements set forth in the Uniform
Act. These benefits may include a purchase price differential payment, a mortgage differential
payment, and the actual, reasonable and necessary costs to relocate their personal and /or
business property. Every property is unique and the benefits will reflect their individual
circumstances.
A Phase I Environmental Site Assessment report has been prepared encompassing all
properties required for the Centennial Corridor 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
912115 CC AGENDA PACKET PAGE 306
were 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 122nd
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 periodic report.
ATTACHMENTS:
Description
Purchase Agreement
Type
Agreement
912115 CC A EN A PACKET PAGE 307
APN: 020 - 371 -02
TITLE REPORT NO: 1503 - 4609549
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 DAVID EDWARD BAINTON AND LORETTA JANE
BAINTON, TRUSTEES OF THE DAVID AND LORETTA BAINTON LIVING TRUST, DATED 1 -5 -92
(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 FOURTY TWO THOUSAND DOLLARS
($242,000.00)
3. CONVEYANCE OF TITLE. Seller agrees to convey by Grant Deed to Buyer fee simple title to the
Property free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases,
and taxes EXCEPT:
a. Non - delinquent taxes for the fiscal year in which this transaction closes which shall be
cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code,
if unpaid at the close of this transaction.
b. Quasi - public utility, public alley, public street easements, and rights of way of record (except
rights in any such items conveyed under this Agreement).
c. Items numbered none in the preliminary title report issued by First American Title dated
March 26, 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 $242,000.00 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
Page 1 of 7
912115 CC A EN A PACKET PAGE 308
concurrently with this Agreement, or as soon as possible thereafter when said deeds are available. After
opening of escrow, Buyer will deposit an executed Certificate of Acceptance with Escrow Agent. Buyer agrees
to deposit the purchase price upon demand of Escrow Agent. Buyer and Seller agree to deposit with Escrow
Agent any additional instruments as may be reasonably necessary to complete this transaction.
All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s)
and may be transferred to any other such escrow trust account in any State or National Bank doing business
in the State of California. All disbursements shall be made by check from such account.
6. ESCROW AGENT IS AUTHORIZED TO AND SHALL:
a. Pay and charge Seller, upon Seller's written approval, for any amount necessary to clear title
to satisfy Paragraph 3 of this Agreement;
b. Pay and deduct from the amount shown in Paragraph 2 above, any amount necessary to
satisfy any delinquent taxes together with penalties and interest thereon, and /or delinquent
or non - delinquent assessments or bonds except those which title is to be taken subject to
and in accordance with the terms of this Agreement;
c. Pay and deduct from the amounts payable to Seller under Paragraph 2 of this Agreement, up
to and including the total amount of unpaid principal and interest on note(s) secured by
mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance
with terms and conditions of said trust deed(s) or mortgage(s) including late charges, if any,
except prepayment penalty (if any), ;
d. Pay and charge Buyer for all recording fees incurred in this transaction including payment of
reconveyance fees and forwarding fees for partial or full reconveyances of deeds of trust or
release or mortgage by Buyer;
e. Pay and charge Buyer for any escrow fees, charges, and costs payable under Paragraph 7 of
this Agreement;
f. Disburse funds and deliver deed(s) when conditions of this escrow have been fulfilled by
Buyer and Seller.
The term "close of escrow ", if and where written in these instructions, shall mean the date that
necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation
of instruments delivered through this escrow is authorized if necessary or proper in the issuance of
said policy of title insurance.
All time limits within which any matter herein specified is to be performed may be extended by
mutual agreement of the parties hereto. Any amendment of, or supplement to, any instructions must
be in writing.
TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS
POSSIBLE.
7. ESCROW FEES, CHARGES AND COSTS. Buyer agrees to pay all Buyer's and Seller's usual fees,
charges, and costs which arise in this escrow. Seller shall be responsible for the costs to clear title as set
forth Paragraphs 3 and 6 of this agreement.
8. FULL AND COMPLETE SETTLEMENT. Seller hereby acknowledges that the compensation paid to Seller
through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, by
reason of Buyer's acquisition of the Property, specifically including, but not limited to, any and all damage to
Page 2 of 7
912115 CC AGENDA PACKET PAGE 309
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 7
912115 CC A EN A PACKET PAGE 31
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. 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 seg. (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
912115 CC AGENDA PACKET PAGE 311
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
912115 CC AGENDA PACKET PAGE 312
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year
first -above written.
MAILING ADDRESS OF SELLER
804 Del Rey Court
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 GENNARO
City Attro' y
By:
ANDREW HEGL
Deputy City Attorney
COUNTERSIGNED:
By:
NELSON K. SMITH
Finance Director
SELLER
q_"VTj 101 .. ; 1 z4 DA ; t I 10, 1 K I I on
/i AZ4
APPROVED AS TO CONTENT:
By:
NICK FIDLER
Public Works Director
Attachments: Exhibit "A" — Legal Description and Depiction of Fee Acquisition
Page 6 of 7
912115 CC AGENDA PACKET PAGE 313
EXHIBIT A
4KI411 v-) I I (61"o
�Real property in the City of Bakersfield, County of Kern, State of California, described as follows:
LOT 46 OF TRACT 320 3,, AS PER MAP RECORDED DECEMBER 5, 1968 IN BOOK 17, PAGES 28
AND 29 OF MAPS, IN THE OFF-ICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ALL OIL, GAS AND OTHER MINERALS CONTAINED WITHIN THE
PROPERTY HEREINABOVE DESCRIBED.
ALSO EXCEPTING THEREFROM ALL WATER AND/OR WATER RIGHTS WITHIN OR UNDERLYING
SAID LAND.
APG : 020-371-02-00-7
912115 CC AGENDA PACKET PAGE 314
04
0511
014 ri; q
4 --- T-a7
- b
S7,
'WON TCLAIR
op
-7A V 83.16M)
........ ...
m T'� 14
rs
9
sG
O
I
Lb
N;
TZ
bgg sq.
912115 CC AGENDA PACKET PAGE 315
Rt
g)
V1AAYOJ17VO
9
sG
O
I
Lb
N;
TZ
bgg sq.
912115 CC AGENDA PACKET PAGE 315
0"AILARW 0 W
enaif
MEETING DATE: 9/2/2015 Consent - Property Acquisition Agreements -
TRIP u.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: 8/18/2015
WARD: Ward 2
SUBJECT: Agreement with Arnulfo Covarrubias ($243,000) to purchase real
property located at 608 Montclair Street for the Centennial Corridor
Project.
STAFF RECOMMENDATION:
Staff recommends approval of Agreement.
BACKGROUND:
As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring
properties to construct the Centennial Corridor Project. The Centennial Corridor will connect
the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway
north of Truxtun Avenue. The property being purchased consists of a single family residence.
The purchase price of $243,000 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 Centennial Corridor 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
912115 CC AGENDA PACKET PAGE 316
were 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 123rd
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 periodic report.
ATTACHMENTS:
Description
Purchase Agreement
Type
Agreement
912115 CC AGENDA PACKET PAGE 317
APN: 020 - 374 -12
TITLE REPORT NO: 1503 - 4954648
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 ARNULFO COVARRUBIAS, A MARRIED MAN AS HIS
SOLE AND SEPARATE PROPERTY (hereinafter called Seller) for acquisition by Buyer of certain real
property hereinafter set forth.
IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer, and Buyer agrees to purchase
from Seller, upon the terms and for the consideration set forth in this Agreement (hereinafter called
Agreement), all that certain real property (hereinafter called Property) situated in the City of Bakersfield,
County of Kern, State of California, and legally described and depicted as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
2. PURCHASE PRICE. The total purchase price, payable in cash through escrow, shall be the sum of
TWO HUNDRED FORTY THREE THOUSAND DOLLARS
($243,000.00)
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 in the preliminary title report issued by First American Title dated July 9,
2015.
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 $243,000.00 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
Page 1 of 7
912115 CC A GENDA FAACKET FAA GE 318
concurrently with this Agreement, or as soon as possible thereafter when said deeds are available. After
opening of escrow, Buyer will deposit an executed Certificate of Acceptance with Escrow Agent. Buyer agrees
to deposit the purchase price upon demand of Escrow Agent. Buyer and Seller agree to deposit with Escrow
Agent any additional instruments as may be reasonably necessary to complete this transaction.
All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s)
and may be transferred to any other such escrow trust account in any State or National Bank doing business
in the State of California. All disbursements shall be made by check from such account.
6. ESCROW AGENT IS AUTHORIZED TO, AND SHALL:
a. Pay and charge Seller, upon Seller's written approval, for any amount necessary to clear title
to satisfy Paragraph 3 of this Agreement;
b. Pay and deduct from the amount shown in Paragraph 2 above, any amount necessary to
satisfy any delinquent taxes together with penalties and interest thereon, and /or delinquent
or non - delinquent assessments or bonds except those which title is to be taken subject to
and in accordance with the terms of this Agreement;
c. Pay and deduct from the amounts payable to Seller under Paragraph 2 of this Agreement, up
to and including the total amount of unpaid principal and interest on note(s) secured by
mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance
with terms and conditions of said trust deed(s) or mortgage(s) including late charges, if any,
except prepayment penalty (if any), ;
d. Pay and charge Buyer for all recording fees incurred in this transaction including payment of
reconveyance fees and forwarding fees for partial or full reconveyances of deeds of trust or
release or mortgage by Buyer;
e. Pay and charge Buyer for any escrow fees, charges, and costs payable under Paragraph 7 of
this Agreement;
f. Disburse funds and deliver deed(s) when conditions of this escrow have been fulfilled by
Buyer and Seller.
The term "close of escrow ", if and where written in these instructions, shall mean the date that
necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation
of instruments delivered through this escrow is authorized if necessary or proper in the issuance of
said policy of title insurance.
All time limits within which any matter herein specified is to be performed may be extended by
mutual agreement of the parties hereto. Any amendment of, or supplement to, any instructions must
be in writing.
TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS
POSSIBLE.
7. ESCROW FEES CHARGES AND COSTS. Buyer agrees to pay all Buyer's and Seller's usual fees,
charges, and costs which arise in this escrow. Seller shall be responsible for the costs to clear title as set
forth Paragraphs 3 and 6 of this agreement.
8. TAX EXEMPT AGENCY: All parties hereto acknowledge that the buyer is public entity and exempt from
payment of any real property taxes. Therefore, Seller acknowledges that they are solely responsible for
payment of any /all real property taxes due through the date of close of escrow, including any pending
Page 2 of 7
912115 CC AGENDA PACKET PAGE 319
supplemental bills.
In the event that the current year's property tax bill has been issued at the time of close of escrow, escrow
holder is authorized and instructed to pay and /all installments, currently due, along with any delinquencies.
Escrow holder is instructed to NOT prorate said taxes. Any potential refund due to the seller, for partial tax
period ownership, will be at the sole discretion of the Kern County Tax Collector and be refunded by the
County as per their guidelines. Buyer and Escrow holder are not responsible for same.
In the event the close of escrow occurs after July 1 and before the new tax bill has been issued, Escrow
holder is authorized and instructed to prorate taxes based on the last available tax bill and forward the
prorated amount to the Buyer at close of escrow. Buyer will accept responsibility to forward said proration's to
the Kern County Tax Collector once the bills are created. Seller herein agrees to forward to Buyer any tax bills
they receive from the County of Kern.
9. FULL AND COMPLETE SETTLEMENT. Seller hereby acknowledges that the compensation paid to Seller
through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, by
reason of Buyer's acquisition of the Property, specifically including, but not limited to, any and all damage to
Seller's remainder property by reason of the acquisition of the subject Property or the installation of the
improvement project in the manner proposed, the value of improvements pertaining to the realty, leasehold
improvements, any and all claims of rental or leasehold value and loss of business goodwill (excluding
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.
10. PERMISSION TO ENTER ON PREMISES. It is agreed and confirmed by the parties hereto that
notwithstanding other provisions in this contact, the right of possession and use of the subject property by
the City, including the right to remove and dispose of improvements, shall commence on the close of escrow
controlling this transaction, 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.
11. 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.
12. 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.
Page 3 of 7
912115 CC A EN A PACKET PAGE 320
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 factor 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
13. HAZARDOUS WASTE. Neither Seller nor, to the best of Seller's knowledge, any previous owner,
tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any
hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the
Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the
presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in,
or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous
Material" shall mean any substance, material, or waste which is or becomes regulated by any local
governmental authority, the State of California, or the United States Government, including, but not limited to,
any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or
"restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of
the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined
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 se . (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).
14. 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.
15. 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
Page 4 of 7
912115 CC A EN A PACKET PAGE 321
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.
16. 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.
17. CONTINGENCY. It is understood and agreed between the parties hereto that the completion of this
transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the
Buyer herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said
acceptance and approval.
18. 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.
19, 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.
20. 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.
21. COOPERATION. Each parry agrees to cooperate with the other in the closing of this transaction and,
in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to
carry out the purposes and intent of this Agreement including, but not limited to, releases or additional
agreements.
22. 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
912115 CC A EN A PACKET PAGE 322
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year
first -above written.
MAILING ADDRESS OF SELLER
608 Montclair 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 GENNARO
City Attrey
,.
ANDREW HEGL D
Deputy City Attorney
COUNTERSIGNED:
By:
NELSON K. SMITH
Finance Director
SELLER
y_YAR��
B:
U LF O COVARRUBIAS
APPROVED AS TO CONTENT:
In
NICK FIDLER
Public Works Director
Attachments: Exhibit "A" — Legal Description and Depiction of Fee Acquisition
Page 6 of 7
912115 CC A EN A PACKET PAGE 323
EXHIBIT A
LEGAL DESCRIPTION OF
FEE ACQUISITION
Real property in the City of Bakersfield, County of Kern, State of California, described as follows:
PARCEL 1:
LOT 7 OF TRACT NO. 3203, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA,
AS PER MAP RECORDED DECEMBER 5, 1968, IN BOOK 17, PAGE 28 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 7; THENCE SOUTHEASTERLY ALONG THE
SOUTHWESTERLY LINE OF SAID LOT 7 TO THE SOUTHEAST CORNER THEREOF; THENCE
NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE 6.5 FEET; THENCE NORTHWESTERLY IN A DIRECT
LINE TO THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF LOT 8 OF TRACT NO. 3203, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN,
STATE OF CALIFORNIA, AS PER MAP RECORDED DECEMBER 5, 1968, IN BOOK 17, PAGE 28, OF MAPS
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 8; THENCE SOUTHEASTERLY ALONG THE
SOUTHWESTERLY LINE OF SAID LOT 8 TO THE SOUTHEAST CORNER THEREOF; THENCE
NORTHEASTERLY ALONG THE SOUTHERLY LINE 4 FEET; THENCE NORTHWESTERLY IN A DIRECT LINE
TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES WITHIN
OR UNDERLYING SAID LAND AS RESERVED BY KERN COUNTY LAND COMPANY, A CALIFORNIA
CORPORATION, TO STOCKDALE DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION, IN
DEED RECORDED DECEMBER 29, 1967, IN BOOK 4116, PAGE 612, OF OFFICIAL RECORDS, AND IN
DEED RECORDED DECEMBER 9, 1968, IN BOOK 4223, PAGE 376, OF OFFICIAL RECORDS.
APN: 020 - 374- 12 -00 -7
912115 CC A EN A PACKET PAGE 324
I.,
9
0
r
ia
t
Z7
qq c �D
, z i
ST
10 A40NTCLAIR
T�j,vq nn,
if's
riper
YL
Or
3A V VVO 831 Y W.)
CIO
u
IA V
--N /--,
cc r
•
912115 CC AGENDA PACKET PAGE 325
ors
rat
IA V
--N /--,
cc r
•
912115 CC AGENDA PACKET PAGE 325
ors
0"AILARW 0 W
enaif
MEETING DATE: 9/2/2015 Consent - Property Acquisition Agreements -
TRIP v.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: 8/21/2015
WARD: Ward 2
SUBJECT: Agreement with Filemon Pedraza ($138,000) to purchase real property
located at 7 North Stine Road 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 $138,000 is based on 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 Centennial Corridor 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
912115 CC AGENDA PACKET PAGE 326
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 124th
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 periodic report.
ATTACHMENTS:
Description
Purchase Agreement
Type
Agreement
912115 CC A EN A PACKET PAGE 327
APN: 020 - 293 -06
TITLE REPORT NO: 1503- 4940246
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 FILEMON PEDRAZA, A MARRIED MAN AS HIS SOLE
AND SEPARATE PROPERTY (hereinafter called Seller) for acquisition by Buyer of certain real property
hereinafter set forth.
IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:
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 -EIGHT THOUSAND DOLLARS
($138,000.00)
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 in the preliminary title report issued by First American Title Company dated
June 18, 2015.
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 $138,000.00 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
Page 1 of 7
912115 CC A EN A PACKET PAGE 328
concurrently with this Agreement, or as soon as possible thereafter when said deeds are available. After
opening of escrow, Buyer will deposit an executed Certificate of Acceptance with Escrow Agent. Buyer agrees
to deposit the purchase price upon demand of Escrow Agent. Buyer and Seller agree to deposit with Escrow
Agent any additional instruments as may be reasonably necessary to complete this transaction.
All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s)
and may be transferred to any other such escrow trust account in any State or National Bank doing business
in the State of California. All disbursements shall be made by check from such account.
6. ESCROW AGENT IS AUTHORIZED TO, AND SHALL:
a. Pay and charge Seller, upon Seller's written approval, for any amount necessary to clear title
to satisfy Paragraph 3 of this Agreement;
b. Pay and deduct from the amount shown in Paragraph 2 above, any amount necessary to
satisfy any delinquent taxes together with penalties and interest thereon, and /or delinquent
or non - delinquent assessments or bonds except those which title is to be taken subject to
and in accordance with the terms of this Agreement;
c. Pay and deduct from the amounts payable to Seller under Paragraph 2 of this Agreement, up
to and including the total amount of unpaid principal and interest on note(s) secured by
mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance
with terms and conditions of said trust deed(s) or mortgage(s) including late charges, if any,
except prepayment penalty (if any), ;
d. Pay and charge Buyer for all recording fees incurred in this transaction including payment of
reconveyance fees and forwarding fees for partial or full reconveyances of deeds of trust or
release or mortgage by Buyer;
e. Pay and charge Buyer for any escrow fees, charges, and costs payable under Paragraph 7 of
this Agreement;
f. Disburse funds and deliver deed(s) when conditions of this escrow have been fulfilled by
Buyer and Seller.
The term "close of escrow ", if and where written in these instructions, shall mean the date that
necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation
of instruments delivered through this escrow is authorized if necessary or proper in the issuance of
said policy of title insurance.
All time limits within which any matter herein specified is to be performed may be extended by
mutual agreement of the parties hereto. Any amendment of, or supplement to, any instructions must
be in writing.
TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS
POSSIBLE.
7. ESCROW FEES CHARGES AND COSTS. Buyer agrees to pay all Buyer's and Seller's usual fees,
charges, and costs which arise in this escrow. Seller shall be responsible for the costs to clear title as set
forth Paragraphs 3 and 6 of this agreement.
8. TAX EXEMPT AGENCY: All parties hereto acknowledge that the buyer is public entity and exempt from
payment of any real property taxes. Therefore, Seller acknowledges that they are solely responsible for
payment of any /all real property taxes due through the date of close of escrow, including any pending
Page 2 of 7
912115 CC A EN A PACKET PAGE 329
supplemental bills.
In the event that the current year's property tax bill has been issued at the time of close of escrow, escrow
holder is authorized and instructed to pay and /all installments, currently due, along with any delinquencies.
Escrow holder is instructed to NOT prorate said taxes. Any potential refund due to the seller, for partial tax
period ownership, will be at the sole discretion of the Kern County Tax Collector and be refunded by the
County as per their guidelines. Buyer and Escrow holder are not responsible for same.
In the event the close of escrow occurs after July 1 and before the new tax bill has been issued, Escrow
holder is authorized and instructed to prorate taxes based on the last available tax bill and forward the
prorated amount to the Buyer at close of escrow. Buyer will accept responsibility to forward said proration's to
the Kern County Tax Collector once the bills are created. Seller herein agrees to forward to Buyer any tax bills
they receive from the County of Kern.
9. FULL AND COMPLETE SETTLEMENT. Seller hereby acknowledges that the compensation paid to Seller
through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, by
reason of Buyer's acquisition of the Property, specifically including, but not limited to, any and all damage to
Seller's remainder property by reason of the acquisition of the subject Property or the installation of the
improvement project in the manner proposed, the value of improvements pertaining to the realty, leasehold
improvements, any and all claims of rental or leasehold value and loss of business goodwill (excluding
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.
10. PERMISSION TO ENTER ON PREMISES. It is agreed and confirmed by the parties hereto that
notwithstanding other provisions in this contact, the right of possession and use of the subject property by
the City, including the right to remove and dispose of improvements, shall commence on the close of escrow
controlling this transaction, 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.
11. 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.
12. 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 properly, 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.
Page 3 of 7
912115 CC A EN A PACKET PAGE 330
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 factor 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
13. HAZARDOUS WASTE. Neither Seller nor, to the best of Seller's knowledge, any previous owner,
tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any
hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the
Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the
presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in,
or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous
Material" shall mean any substance, material, or waste which is or becomes regulated by any local
governmental authority, the State of California, or the United States Government, including, but not limited to,
any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or
"restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of
the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined
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 se . (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 se . (42 U.S.C.
S9601).
14, 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.
15. 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
Page 4 of 7
912115 CC AGENDA PACKET PAGE 331
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.
16. 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.
17. CONTINGENCY. It is understood and agreed between the parties hereto that the completion of this
transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the
Buyer herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said
acceptance and approval.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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
912115 CC A EN A PACKET PAGE 332
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year
first -above written.
MAILING ADDRESS OF SELLER
7 N. Stine Road
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 GENNARO
City Attorney
By:
ANDREW HEGLUND
Deputy City Attorney
COUNTERSIGNED:
By:
NELSON K. SMITH
Finance Director
SELLER
FILEMON PEDRAZA
APPROVED AS TO CONTENT:
By:
NICK FIDLER
Public Works Director
Attachments: Exhibit "A" — Legal Description and Depiction of Fee Acquisition
Page 6of7
912115 CC A EN A PACKET PAGE 333
EXHIBIT A
LEGAL DESCRIPTION OF
FEE ACQUISITION
Real property in the City of Bakersfield, County of Kern, State of California, described as follows:
LOT 62 OF TRACT 1753, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF
CALIFORNIA, AS PER MAP THEREOF RECORDED JULY 14, 1954 IN BOOK 8, PAGE 139 OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM AN UNDIVIDED 25% OF ALL OIL, GAS AND OTHER HYDROCARBON
SUBSTANCES AND MINERALS IN OR UNDER OR THAT MAY AT ANY TIME BE PRODUCED OR
EXTRACTED FROM ALL OF THE SAID LAND, AS RESERVED BY THE ANGLO CALIFORNIA
NATIONAL BANK OF SAN FRANCISCO, AS ADMINISTRATOR WITH WILL ANNEXED OF ESTATE
OF CHARLES COHN, DECEASED IN DEED RECORDED MARCH 19, 1953 IN BOOK 2055, PAGE 397
OF OFFICIAL RECORDS.
BY QUITCLAIM DEED DATED MARCH 8, 1954 RECORDED APRIL 19, 1954 IN BOOK 2220, PAGE
357 OF OFFICIAL RECORDS, THE ANGLO CALIFORNIA NATIONAL BANK OF SAN FRANCISCO, AN
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, 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 AN UNDIVIDED 25% OF ALL OIL, GAS AND OTHER
HYDROCARBON SUBSTANCES AND MINERALS IN OR UNDER SAID PREMISES OR THAT MAY AT
ANY TIME BE PRODUCED OR EXTRACTED THEREFROM, TOGETHER WITH THE RIGHT TO
PROSPECT FOR, DEVELOP, EXTRACT AND REMOVE THE SAME, PROVIDED THAT THE GRANTOR
RELINQUISHES TO THE GRANTEE ALL RIGHTS 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 360 AND 362 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM AN UNDIVIDED 50% OF ALL OIL, GAS AND OTHER
HYDROCARBON SUBSTANCES AND MINERALS IN OR UNDER SAID PREMISES OR THAT MAY AT
ANY TIME BE PRODUCED OR EXTRACT AND REMOVE THE SAME, PROVIDED THAT THE
GRANTOR RELINQUISHES TO THE GRANTEE ALL RIGHTS 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 DUNSMOR CONSTRUCTION CO., A CORPORATION, IN DEED
RECORDED FEBRUARY 10, 1955 IN BOOK 2367 PAGE 354 OF OFFICIAL RECORDS. BY
QUITCLAIM DEED DATED NOVEMBER 11, 1955 AND RECORDED AUGUST 22, 1956 IN BOOK
2653 PAGE 248 OF OFFICIAL RECORDS.
912115 CC A EN A PACKET PAGE 334
Ahw
I
4.,
MUM
IOU)
I
05
L
C
M
Ld
U)
ul
912115 CC AGENDA PACKET PAGE 335
0"AILARW 0 W
enaif
MEETING DATE: 9/2/2015 Consent - Property Acquisition Agreements -
TRIP w.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: 8/18/2015
WARD: Ward 2
SUBJECT: Agreement with Landeron, LLC ($438,300) to purchase real property
located at 5085 Easton 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. This is the third multi - family zoned property to be acquired. The
property is owned by Landeron LLC which operates the two duplex apartment units. The
purchase price of $438,300 is product of negotiations based on appraisals by Merriman
Hurst & Associates and Michael Burger & Associates.
In addition to the purchase price the City will be paying for each occupied apartment tenant's
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 parties 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 rent differential payment, and the
actual, reasonable and necessary costs to relocate their personal 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 Centennial Corridor 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
912115 CC AGENDA PACKET PAGE 336
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 12 full acquisition multi - family properties to acquire. This
is the 3rd of the multi - family properties to be acquired.
Information on the progress of the right of way phase of each TRIP project and the costs
associated therewith is contained in a periodic report.
ATTACHMENTS:
Description
Purchase Agreement
Type
Agreement
912115 CC A EN A PACKET PAGE 337
APN: 020 - 401 -05
TITLE REPORT NO: FWKN- TO14000857 -MDE
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 LANDERON, LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY (hereinafter called Seller) for acquisition by Buyer of certain real property hereinafter set forth.
IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer, and Buyer agrees to purchase
from Seller, upon the terms and for the consideration set forth in this Agreement (hereinafter called
Agreement), all that certain real property (hereinafter called Property) situated in the City of Bakersfield,
County of Kern, State of California, and legally described and depicted as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
PURCHASE PRICE. The total purchase price, payable in cash through escrow, shall be the sum of
FOUR HUNDRED THIRTY EIGHT THOUSAND THREE HUNDRED DOLLARS
($438,300.00)
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
December 17, 2014.
4. TITLE INSURANCE POLICY. Escrow Agent shall, following recording of said deed to Buyer, provide
Buyer with CLTA Standard Coverage Policy of Title Insurance in the amount of $438,300.00 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 as referenced in Paragraph 3, above, to Escrow Agent concurrently
with this Agreement, or as soon as possible thereafter when said deed is available. After opening of escrow,
Page 1 of 7
912115 CC A EN A PACKET PAGE 338
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 T0, 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. TAX EXEMPT AGENCY: All parties hereto acknowledge that the buyer is public entity and exempt from
payment of any real property taxes. Therefore, Seller acknowledges that they are solely responsible for
payment of any /all real property taxes due through the date of close of escrow, including any pending
supplemental bills.
Page 2of7
912115 CC AGENDA PACKET PAGE 339
In the event that the current year's property tax bill has been issued at the time of close of escrow, escrow
holder is authorized and instructed to pay and /all installments, currently due, along with any delinquencies.
Escrow holder is instructed to NOT prorate said taxes. Any potential refund due to the seller, for partial tax
period ownership, will be at the sole discretion of the Kern County Tax Collector and be refunded by the
County as per their guidelines. Buyer and Escrow holder are not responsible for same.
In the event the close of escrow occurs after July 1 and before the new tax bill has been issued, Escrow
holder is authorized and instructed to prorate taxes based on the last available tax bill and forward the
prorated amount to the Buyer at close of escrow. Buyer will accept responsibility to forward said proration's to
the Kern County Tax Collector once the bills are created. Seller herein agrees to forward to Buyer any tax bills
they receive from the County of Kern.
9. FULL AND COMPLETE SETTLEMENT. Seller hereby acknowledges that the compensation paid to Seller
through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, by
reason of Buyer's acquisition of the Property, specifically including, but not limited to, any and all damage to
Seller's remainder property by reason of the acquisition of the subject Property or the installation of the
improvement project in the manner proposed, the value of improvements pertaining to the realty, leasehold
improvements, any and all claims of rental or leasehold value and loss of business goodwill (excluding
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 anyway relating to
any condemnation action affecting the subject Property.
10. PERMISSION TO ENTER ON PREMISES. It is agreed and confirmed by the parties hereto that
notwithstanding other provisions in this contact, the right of possession and use of the subject property by
the City, including the right to remove and dispose of improvements, shall commence on the close of escrow
controlling this transaction, 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.
11. Intentionally Deleted.
12. 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.
Page 3 of 7
912115 CC AGENDA PACKET PA GE 340
e. Until the closing, Seller shall, upon learning of any factor 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
13. HAZARDOUS WASTE. Neither Seller nor, to the best of Seller's knowledge, any previous owner,
tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any
hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the
Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the
presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in,
or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous
Material" shall mean any substance, material, or waste which is or becomes regulated by any local
governmental authority, the State of California, or the United States Government, including, but not limited to,
any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or
"restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of
the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined
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 sec . (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 sec. (42 U.S.C.
S9601).
14. 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.
15. 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
Page 4 of 7
912115 CC A EN A PACKET PAGE 341
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.
16. 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.
17. CONTINGENCY. It is understood and agreed between the parties hereto that the completion of this
transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the
Buyer herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said
acceptance and approval.
18. 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.
19. 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.
20. 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.
21. COOPERATION. Each parry agrees to cooperate with the other in the closing of this transaction and,
in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to
carry out the purposes and intent of this Agreement including, but not limited to, releases or additional
agreements.
22. ENTIRE AGREEMENT, WAIVER AND MODIFICATION. This Agreement is the entire Agreement
between the parties with respect to the subject matter of this Agreement. It supersedes all prior agreements
and understandings, whether oral or written, between the parties with respect to the matters contained in
this Agreement. Any waiver, modification, consent or acquiescence with respect to any provision of this
Agreement shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby.
No waiver by any parry of any breach hereunder shall be deemed a waiver of any other or subsequent
breach.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE FOLLOWS
Page 5 of 7
912115 CC A EN A PACKET PAGE 342
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year
first -above written.
MAILING ADDRESS OF SELLER
3977 Coffee Road #A
Bakersfield, CA 93308
MAILING ADDRESS OF BUYER
1600 Truxtun Avenue, 2 d Floor
Bakersfield, CA 93301
By:
OF
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Atto, ne
By:
ANDREW HEGLUNI
Deputy City Attorney
COUNTERSIGNED:
By:
NELSON K. SMITH
Finance Director
SELLER
as
a
By:
]OE RORER K N
Its:
By:
Its: '��,
APPROVED AS TO CONTENT:
By:
NICK FIDLER
Public Works Director
Attachments: Exhibit "A" — Legal Description and Depiction of Fee Acquisition
Page 6 of 7
912115 CC A EN A PACKET PAGE 343
EXHIBIT A
LEGAL DESCRIPTION OF
FEE ACQUISITION
For APN /Parcel ID(s): 020 - 401- 05 -00:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BAKERSFIELD, COUNTY
OF KERN, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
LOT 5 OF TRACT NO. 3211, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF
CALIFORNIA, AS PER MAP FILED DECEMBER 5, 1968 IN BOOK 17 PAGES 30 AND 31 OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT ALL OIL, GAS AND OTHER MINERALS CONTAINED WITHIN THE PROPERTY
HEREINABOVE DESCRIBED, WHETHER NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED,
ALL OIL, GAS AND OTHER MINERAL RIGHTS BELONGING OR APPERTAINING TO SAID
PROPERTY, THE EXCLUSIVE RIGHT TO PROSPECT FOR, DRILL FOR, PRODUCE, MINE, EXTRACT
AND REMOVE OIL, GAS AND OTHER MINERALS UPON AND FROM SAID PROPERTY, THE
EXCLUSIVE RIGHT TO DRILL UPON, TO DRILL THROUGH AND OTHERWISE TO USE SAID
PROPERTY TO PRODUCE, MINE, EXTRACT AND REMOVE OIL, GAS AND OTHER MINERALS
FROM ADJACENT OR NEIGHBORING LANDS, AND THE EXCLUSIVE RIGHT TO INJECT IN, STORE
UNDER AND THEREAFTER WITHDRAW FROM SAID PROPERTY OIL, GAS AND OTHER MINERALS
AND PRODUCTS THEREOF, WHETHER PRODUCED FROM SAID PROPERTY OR ELSEWHERE,
BUT UNLESS GRANTEE OR ITS SUCCESSORS OR ASSIGNS SHALL GIVE WRITTEN CONSENT TO
THE DRILLING OF WELLS UPON THE SURFACE OF SAID LANDS, ALL OF THE FOREGOING
RIGHTS SHALL BE EXERCISED ONLY BY THE DRILLING OF WELLS FROM LOCATIONS ON
ADJACENT OR NEIGHBORING LANDS INTO OR THROUGH SAID PROPERTY AT LEAST 500 FEET
BELOW THE SURFACE OF THE GROUND AND WITHOUT ENTERING UPON OR USING ANY
PORTION OF SAID PROPERTY LYING ABOVE SAID DEPTH, AS EXCEPTED AND RESERVED IN
DEED FROM KERN COUNTY LAND COMPANY, A CALIFORNIA CORPORATION, RECORDED
DECEMBER 29, 1967 IN BOOK 4116 PAGE 612, OF OFFICIAL RECORDS, AND AS RESERVED IN
DEED FROM KERN COUNTY LAND COMPANY, A DELAWARE CORPORATION, RECORDED JUNE
13, 1968 IN BOOK 4169 PAGE 678, OF OFFICIAL RECORDS.
912115 CC A EN A PACKET PAGE 344
zo-40
olP
Z
DEPICTION OF FEE ACQUISITION
TRACT 3211 SCHOOL DIST 1-28 20-40
ci
Rio
Ro
Aq'qF-qqnRq MAP Nn 20 -40
912115 CC AGENDA PACKET PAGE 345
enaif
MEETING DATE: 9/2/2015 Consent -Bids x.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: 8/18/2015
VI %1 N 13
SUBJECT: Extend bid for a four axle side loading refuse truck ($346,431.17) from
Golden State Peterbilt for the Public Works Department, Solid Waste
Division.
STAFF RECOMMENDATION:
Staff recommends extension of bid.
BACKGROUND:
On February 11, 2015, the City Council accepted the bid from Golden State Peterbilt,
Bakersfield for the purchase of a side loading refuse truck. The specifications included a
provision whereby, with the written approval of both the bidder and the City, the City may
purchase additional units at the same per unit cost within one year after acceptance of the
original bid. Golden State Peterbilt has indicated its approval to extend the unit cost of
$346,431.17 for a four axle side loading refuse truck.
Funds for a four axle side loading refuse truck are budgeted in the Equipment Management
Fund. Additional information regarding a history of the replacement refuse truck is attached for
review.
Staff recommends extension of bid and authorization to purchase a replacement four axle side
loading refuse truck from Golden State Peterbilt, Bakersfield, for a total purchase amount of
$346,431.17.
ATTACHMENTS:
Description
Replacement background
Type
C:3aCIl Ua p 11M: teirli ill
912115 CC AGENDA PACKET PA GE 34 6
Equip. No. Year and Model Condition
3650 2009 Peterbuilt 320 Vehicle is worn out with 104,721 miles,
Vehicle nearing the end of life cycle. Will
need major hydraulics and body repairs. Will
be replaced with a newer better efficient
vehicle.
912115 CC A GENDA PACKET PA GE 347
enaif
MEETING DATE: 9/2/2015 Consent -Bids y.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith - Finance Director
DATE: 8/20/2015
1TI %1 N 13
SUBJECT: Accept bid from Golden State Peterbilt, Bakersfield, ($2,253,391.53)
for seven replacement front loader refuse trucks for the Public Works
Department, Solid Waste Division.
STAFF RECOMMENDATION:
Staff recommends acceptance of the bid.
BACKGROUND:
Bids were solicited for front loading refuse trucks. Two bids were received in response to the
solicitation.
Funds are available in the Equipment Management Fund for the purchase of seven
replacement four axle front loading, LNG fueled refuse trucks for the Solid Waste Division.
The new refuse trucks will comply with current U.S. EPA and CARB emission
requirements. Additional information regarding a history of the refuse trucks proposed for
replacement is attached for review.
The two bids received are as follows:
BIDDER AMOUNT MAKE /MODEL BID
Golden State Peterbilt
Bakersfield, CA $2,253,391.53 320 Peterbilt w /Bridgeport Front Loader
Central Valley Truck AutoCar w /Bridgeport Front Loading
Center $2,263,535.23 Body
Fresno, CA
Staff finds the low bid submitted by Golden State Peterbilt, Bakersfield to be acceptable and
recommends the purchase of replacement refuse trucks.
ATTACHMENTS:
Description Type
Background replacement justifications C:3aCli Ua p 11M: teirli ill
912115 CC AGENDA PACKET PAGE 348
Equip. No. Year and Model Condition
3614 2007 Autocar Expeditor Vehicle is worn out with 135,429 miles,
Vehicle at end of life cycle. Will need major
hydraulics and body repairs. Will be replaced
with a newer better efficient vehicle.
3611 2007 Autocar Expeditor Vehicle is worn out with 163,052 miles,
Vehicle at end of life cycle. Will need major
hydraulics and body repairs. Will be replaced
with a newer better efficient vehicle.
3610 2007 Autocar Expeditor Vehicle is worn out with 141,714 miles,
Vehicle at end of life cycle. Will need major
hydraulics and body repairs. Will be replaced
with a newer better efficient vehicle.
3603 2006 Autocar Expeditor Vehicle is worn out with 127,059 miles,
Vehicle at end of life cycle. Will need major
hydraulics and body repairs. Will be replaced
with a newer better efficient LNG vehicle.
3602 2006 Autocar Expeditor Vehicle is worn out with 118,607 miles,
Vehicle at end of life cycle. Will need major
hydraulics and body repairs. Will be replaced
with a newer better efficient LNG vehicle.
3601 2006 Autocar Expeditor Vehicle is worn out with 141,695 miles,
Vehicle at end of life cycle. Will need major
hydraulics and body repairs. Will be replaced
with a newer better efficient LNG vehicle.
3609 2007 Autocar Expeditor Vehicle is worn out with 137,633 miles,
Vehicle at end of life cycle. Will need major
hydraulics and body repairs. Will be replaced
with a newer better efficient vehicle.
912115 GG AGEN A PACKET PAGE 349
enaif
MEETING DATE: 9/2/2015 Consent -Bids z.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: 8/18/2015
1TI %1 N 13
SUBJECT: Accept bid and approve contract with Plank and Harvey, Inc., dba Cen-
Cal Construction (not to exceed amount of $1,773,131.50) for the
annual contract for concrete construction.
STAFF RECOMMENDATION:
Staff recommends acceptance of bid and approval of contract.
BACKGROUND:
Bids were solicited for an Annual Contract for concrete construction. Three bids were received
in response to solicitation. The bids solicited were based on a list of concrete services with
estimated quantities. In this case, where the City does not intend to split the bid award, the
City determines the lowest overall bidder by multiplying the supplier's unit price for each of the
items by the estimated number of units for each item.
The contract is on -call, as- needed used by multiple departments of the City including Water
Resources, Recreation and Parks and Public Works. Staff anticipates utilizing this contract for
the following projects; repairs at bus stops to improve ADA requirements, curb, gutter and
sidewalk at Sports Village (Phase 3) and Mesa Marin parking lot. In addition, the contract will
provide for routine maintenance and repair of curb, gutter, and sidewalk and block wall
damage by vehicles.
Sufficient funds are available to cover the costs associated with this greement. Multiple
funding sources may be used for work under this contract including General Funds, Capital
Outlay Funds, Park Improvement Funds, Refuse Funds, Wastewater Funds and Agricultural
Water Funds. The contract award is for a one year period; renewable annually for four
consecutive one -year periods at the City's option and upon mutually agreeable terms.
The three bids received are listed below.
BIDDER AMOUNT
Plank and Harvey, Inc.
dba Cen -Cal Construction $1,773,131.50
Bakersfield, CA
Jim Alfter Cement Contractor $1,926,947.50
912115 CC AGENDA PACKET PAGE 350
Bakersfield, CA
Sturgeon Services International, Inc. $1,984,492.50
Bakersfield, CA
Staff finds the low bid submitted by Plank and Harvey, Inc., dba Cen -Cal Construction to be
acceptable and recommends approval of the contract in the amount of $1,773,131.50.
ATTACHMENTS:
Description
Agreement
Type
Agreement
912115 CC AGENDA PACKET PAGE 351
THIS AGREEMENT is made and entered into on I by
and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein),
and PLANK AND HARVEY, INCORPORATION dba CEN-CAL CONSTRUCTION (a
Caflfornia Corporation) ("CONTRACTOR" herein).
RECITALS
WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and
well qualified in the field of concrete construction,- and
WHEREAS, CONTRACTOR has conducted a thorough site inspection; and
WHEREAS, CITY desires to employ CONTRACTOR, to fulfill an annual
contract for concrete consfruiction ("Project" herein), as set forth herein.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and
CONTRACTOR mutually agree as follows-,
1. S,COPE.QF WORK. The scope of work to be performed consists, in
general, of fulfilling an annual contract for concrete construction ("Project"'
herein) .
1.1. The scope of work shall include all items and procedures
necessary to properly complete the task CONTRACTOR has been hired to
perform, whether specifically included in the scope of work or not. CITY and
CONTRACTOR agree alll communications relating to this Agreement must be in
writing. CONTRACTOR understands and agrees that the CITY is an urban area
and underground obstructions including, without Fiffitaflon, water lines,
electrical lines, sewer lines, and gas lines are inherent in any work involving
subsurface excavation. At a minimuirn, CONTRACTOR must contact
appropriate underground alert authorities before starting any subsurface work.
1.2. The following shall be deemed to be part of this Agreement
as if fullly set forth herein:
1.2.1 . Invitation to Bid No. 15-16-05
1.2.2. Special Provisions
1,2.3. Bid Security
CONSTRUCTION IF ROjECTS AGREEMENTAb
S I °, 1 QpA C Convatc,� Gonstruaon Cen Cal Cwsa 15-16 M dmx
AUgUSt 18, 201b
-- Page 1 of 11 Pages -- 912115 CC AGENDA PACKET PAGE 352
1.2.4. Bid Proposal
1.2.5. Non-collusion affidavit
1.2.6. Equal Employment Opportunity Compliance Cert,
1.2.7. Waiver of Subsfifufion of Securities
1.2.8. Workers Compensation Insurance Certification,
1.2.9. Statement of OSHA Compliance
1.2.10 Bidders Statement Regarding Insurance Coverage
1.2.11. Performance Bond
1.2.12. Material and Labor Bond
1.2.13. Letters of transmittall, if any
1.2.14 All provisions required by law to be inserted in this
Contract whether actually inserted or not,
1.2.15. Current State of California CHAS 140 Form (if required by
Specifications)
1.2.16 DIR PWC 100 Form
2. COMPENSATION. Compensation, for alll work, services or products
called for under this Agreement shall conshisf of a total payment NOT TO EXCEED
ONE MILLION SEVEN HUNDRED SEVENTY THREE THOUSAND ONE HUNDRED THIRTY
ONE AND 501/100, DOLLARS ($1,773,131.50) in accordance with the bid
documents. The compensation set forth in this section shall be the total
cornpensafion 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 wrifing, by the parties. Unless otherwise required by State
law, a five percent (5%) retention shaill be withheld from payr-nents to
CONTRACTOR by CITY. The five percent (5%) retention required' by the
Bakersfield Mu;nicipall Code shall be released after the appropriate sfatultes
have expired and all liens and stop, payment notices have been cleared.
3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services
rendered in accordance with the Special Provisions applicable to this Project.
4. SCHEDULING. When required by CITY in contract bid documents, or
upon reasonable notice, CONTRACTOR shall supply CITY with scheduling
documents showing all information in a form requested by CITY. CONTRACTOR's
scheduling personnel shall have experience in and be knowledgeable in
scheduling. CITY may require CONTRACTOR to supply the schedule on
programs named by CITY (Microso,ft Project for example), and may require said
schedules to be undated or revised on a regular basis. CITY may require
recovery schedules if CONTRACTOR falls behind the Project schedule, CITY's
review or comment on the schedule shall not constitute acceptance thereof,
CONSTRUCTM PROJECTS AGREEMENTM
S 15 1 3:vk C Goncreie Construclion Cen CM Const, 15,16,05 datx
AUgLISt 18, 2015
-- Page 2 of 11 Pages -- 912115 CC AGENDA PACKET PAGE 353
5. NO WAIVER OF DEFAULT. The failure of any party to enforce against
another party any provision of this Agreement shall not constitute a waiver of
that party's right to enforce such a provision at a later time, and shall not serve
to vary the terms of this Agreement.
6. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in
effect or obtain at all times during the term of this Agreement any Iicenses,
permits and approvals which are legally required for CONTRACTOR to practice
its profession,
7. STANDARD, OF PERFORMANCE. All work shall be performed in
conformity with all legal requirements and industry standards observed by a
specialist of the profession in California.
8. MERGER AND MODIFICATION. All prior agreements between the
parties are incorporated in this Agreement which constitutes the entire
agreement. Its terms are intended by the parties as a final expression of their
agreement with respect to such terms as are included herein and may riot be
contradicted by evidence of any prior agreement or contemporaneous oral
agreement. The parties further intend this Agreement constitutes the complete
and exclusive statement of its terms and no extrinsic evidence whatsoever may
be introduced in any judicial or arbitration proceeding involving this Agreement,
This Agreement may be modified only in a writing signed by all the parties. If
any modification of this Agreement results in total compensation which exceeds
Forty Thousand Dollars ($40,0010.00), such modification must be approved'! by the
City CounciiI.
9. EXHIBITS. In the event of a conflict between the terms, conditions or
specifications set forth in this Agreement and those in exhibits attached hereto,
the terms, conditions, or specifications set forth in this Agreement shall prevail.
All exhibits to which reference is made in this Agreement are deemed
incorporated in this Agreement, whether or not actually attached.
10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at
CONTRACTOR's sole cost, comply with all of the requirements, of Municipal,
State, and Federal authorities now in force, or which may hereafter be in farce,
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 farce
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.
CONSTRUCTION PROJECTS AGREEWENT*b
15-t6-05docx
AugustI8 2015
-- Page 3 of 11 Pages -- 912115 CC AGENDA PACKET PAGE 354
11. 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 101 4 or 20,103.5, 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. This project is subject to compliance monitoring
and enforcement by f he Department of Industrial Relations.
12. 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 riot be construed as forrriing: a partnership or any other
association with CONTRACTOR other than that of an independent contractor.
CONTRACTOR retains the right to control the manner in which the services
described herein are performed and CONTRACTOR will supply all equipment,
tools, materials and supplies necessary to perform, the services set forth in this
Agreement,
13, INSURANCE' and BONDS. In addition to any other insurance or bond
required under this Agreement, the CONTRACTOR shall procure and maintain
for the duration of this Agreement the following types, and limits of insurance
("basic insurance requirements") herein:
13.1 ' Automobile liabilit y insurance, providing coverage on an
occurrence basis for bodily injury, including death, of one or snore persons,
property damage and personal injury, with limits of not less than One Million
Doflars ($,11,000,000) per occurrence; and the policy shall:
1: 3. 1. 1 Provide coverage for owned, non-owned and hired
auf os,
13.2. 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 ($1,00,01,000) per occurrence: and the policy shall:
13.2.1 Provide contractual liability coverage for the terms
CONSTRUCTION PROJECTS AGREEMENTM
8 15 1,61A (,Concre cConslructon, Ctfi Cal Const, 15,T,605docx
AUgUSt 18, 2015
-- Page 4 of 11 Pages -- 912115 CC AGENDA PACKET PAGE 355
of this Agreement.
13.2.2 Provide unlimited products and completed operations
coverage,
13.2.3 Contain an additional insured endorsement in favor
of the CITY, its mayor, couincil, officers, agents,
employees and volunteers,.
13.2.4 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 enclorsemenf or contained in
the Policy Conditions, that prohibits satisfaction of any Self-
Insured provision or requirement by anyone other than the
Named Insured, or by any means including other insurance or
which is intended to defeat the intent or protection of an
Additional Insured.
13.3. Workers' compensation insurance with statutory limits and
employer's liability insurance with limits of not less than One Million Dollars
($11,000,000) per accident; and the policy shall contain a waiver of subrogation
in favor of the CITY, its mayor, council, officers, agents, employees and
volunteers.
13.4. 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 voluinteers
shall be excess of the CONTRACTOR's insurance and shall not contribute with if.
13.5. 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-Ml. Any deductibles, self-insured retentions or insurance in
lesser ar-nounts, or lack of certain types of insurance otherwise required by this
Agreement, or insurance rated below Best's A-MI, must be declared prior to
execution of this Agreement and approved by the CITY in writing,
13.6. 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
CONSTRUCTION PROJECTS AGREEMENT%b
S Conuete rongtruchon con Col Gwo '15,16-05 docx
Augos1 18, 2015
-- Page 5 of 11 Pages -- 912115 CC AGENDA PACKET PAGE 356
delivered to CITY on demand.
13.7. 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.
11!3.8. The CONTRACTOR shall furnish the City Risk Manager with a
certificate of insurance and required endorsements evidencing the insurance
and bonds required. The CITY may withdraw its offer of contract if certificates of
insurance and endorsements and bonds required have not been provided as
required by the Special Provisions.
13.9. Full compensation for all premiums which the CONTRACTOR is
required to pay or) all the 'insurance described herein shall be considered as
incIuded 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.
13.10. 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,
13.11. Ulnless otherwise approved by f he 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.
13.12. CONTRACTOR shall provide performance, iabor and maternal
bonds in amounts and in a form suitable to the CITY. CITY shall approve in
writing al] such security instrumenits, prior to the commencement of work on the
Project.
14. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will
timely notify CONTRACTOR olf 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.
15. 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
CONSIAUCDON PROJECTS AGREEMEN'rrkb
S 15-I&A-C concrele, Comtrucftiori Cori Ca� Const 15-16 D6 docx
Augus( 18 2015
-- Page 6 of 11 Pages -- 912115 CC AGENDA PACKET PAGE 357
of them, before administrative or judicial tribunals of any kind whatsoever,
arising out o�f, connected with, or caused by CONTRACTOR, CONTRACTOR's
ernployees, agents, independent contractors, companies, or subcontractors in
the performance of, or in any way arising from, the terms and provisions of this
Agreemenl whether or not caused in part by a party indemnified hereunder,
except for CITY's sole active negligence or willful misconduct.
16. TERMINATION. This Agreement may be terminated as set forth in
the Special Provisions for this Project. If no termination clauses are included in
the Special provision this Agreement may be terminated for CONTRACTOR
default, The following circumstances shall be deemed a CONTRACTOR default.,
1), a material breach of the contract where CONTRACTOR fails to cure said
breach within ten (10) days of notice from CITY. If said breach cannot
reasonably be cured within ten (10) days CONTRACTOR must have taken
significant steps to cure said breach including, without limitation, providing a
written plan acceptable to CITY to cure the default and immediately
commencing to cure the default; 2), violation of any law, statute, regulation,
rule, ordinance, permit or order of any governmental agency by CONTRACTOR
applicable to the Project and where CONTRACTOR does not cure said violation
within ten (10) days of the date of the notice of violation or notice from CITY
demanding a cure, whichever is earlier; 3) CONTRACTOR makes an assignment
for benefit of creditors, admits an inability to pay debts, files a petition in
bankruptcy or is otherwise determined bankrupt or insolvent; 4) CONTRACTOR
fails to adequately respond in writing to CITY's written demand for adequate
assurances. CONTRACTOR must respond to CITY'S demand for adequate
assurances within ten (10) days in writing with all necessary information to assure
CITY that CONTRACTOR has the financial and other necessary resources to
perforr-n the contract without breach. All information requested by CITY shall be
supplied or CONTRACTOR will be in material breach of this Agreement.
16.1 In the event of termination by CITY as set forth above,
CONTRACTOR shall remain fully liable for any work not completed,
liquidated damages, delays by follow up contractors, materials and
equipment provided, designs commenced through the date of
termination, and consequential damages. CONTRACTOR will
immediately deliver to CITY possession of the work including all
designs, engineering, project records, cost data, drawing
specifications and contracts, and cons,truction, supplies and aids
dedicated solely to performing the work. CONTRACTOR shall assign
all subcontracts to CITY, however, CITY may accept or reject said
subcontracts at its sole discretion.
16.2. CITY and CONTRACTOR agree that should CITY's termination
for cause be determined by a court of law to be wrongful or without cause,
CONSTRUCTJON PROJECTS AGREEMENIA0
15 lewC Cunreleconstruckon, cen Cal Consx, aQQLX
AL19USt 18, 2015
-- Page 7 of 11 Pages -- 912115 CC AGENDA PACKET PAGE 358
such termination will be treated as a termination for convenience entitling
,CONTRACTOR to an equitable settlement for claims and liabilities outstanding at
the date of termination and reasonable compensation for work actually
performed to the date of termination. No other compensation shall be due
CONTRACTOR for termination for convenience.
17. REMEDIES. The remedies provided in this, Agreement are cumulative
and are in addition to any other remedies in law or equity which may be
available to CITY, The election of one or more remedies shall) not bar the use of
other remedies unless the circumstances make the remedies incompatible.
18. SITE INSPECTION. CITY shall be allowed to inspect 'the construction
site (it any time and CONTRACTOR shall make all) areas of the construction site
available to inspection including, without limitation, any construction trailers or
offices, at the site and al] plans, drawings, documents, schedules, photographs
and other documentation relating to the Project.
19, STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop
li Y U-Sty- —13%d
notices or Iiens to be filed on the project, and shall pay all costs and fees to CITY,
including without limitation attorney's fees, incurred by CITY because of the filing
of any such stop notice, lien or legal action relating thereto. CONTRACTOR
agrees CITY may withhold from any funds held by CITY concerning the project
amounts sufficient to cover costs and fees, including without limitation attorney's
fees, incurred by CITY because of the filing of any stop notice, lien, or legal
action relating thereto.
20. 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.
21. NOTICES. All notices relative to this Agreement shall be given in
writing and shall be personally served or sent by certified or registered mail and
be effective upon actual personal service or depositing in the United States
mail. The parties shall be addressed as follows, or of any other address
designated by notice:
CITY: CITY OF BAKERSFIELD
FINANCE DEPARTMENT
1601 Truxtun, Avenue
Bakersfield, California 93301
(661) 326-3744
CONSTRUCTION PROJECTS AGREEMENTlkb
^C Concrelp Con Mn,jubon Cen Cal Con 5,t 1516-05 docx
August 18, 2015
-- Page 8 of 11 Pages -- 912115 CC AGENDA PACKET PAGE 359
22, 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,
23, 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, cllair-ns, 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 4awj 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.
24, 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 representafives, 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.
25. TITLE TO DOCUMENTS. All documents, plans, and drawings,
maps, phofographs, and other papers (including, but not limited to, computer
or electronic dafa�), or copies thereof prepared by CONTRACTOR pursuant to
the -terms of this Agreement, shall, upon preparation, become the property of
the CITY.
26, ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate
accounting records and oth_e_rwCiften documentation pertaining to all costs
incurred in performance of this Agreement. Such records and documentation
shall be kept at CONTRACT OR's office during the term of this Agreement, and for
a period of three (3), years from the date of the final payment hereunder, and
CONSTRUCTION PROJECTS AGREEMENMkb
15,16V+ C COrlcfeC0 Cormruction, Cen Cal Can5t, 15,16-105.docx
August 18, 2015 -- Page 9 of I I Pages -- 912115 CC AGENDA PACKET PAGE 360
said records, shall be made available to CITY representatives, upon request, at
any time during regular business hours.
27. CORPORATE AUTHORITY. Each individual signing thus Agreement on
behalf of entities represent and warrant that they are, respectively, dully
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.
CONTRACTOR's Federal Tax ID Number 45-2749617
CONTRACTOR is a corporation? Yes X No —
�Hease check one.)
I'll "1 1 111 0
License Number 962895
Expiration Date 6/30/2016
License Classification A
30. NON-INTEREST. No officer or employee of the CITY shall hold any
nterest in this Agreement (California Government Code section 101901).
31, 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed, the day and year firsf-above written.
"CITY"
CITY OF BAKERSFIELD
By:
HARVEY L. HALL
Mayor
"CONTRACTOR"
.*,LANK AND; HARVEY, INC.
*,ba C-F-11-CAL CONSTRUCTION
By:
PRINT NAME.-
Title:
CONST'RIUCTION PROJECTS AGREEMENT%kb
15,16�A-C CorcroleC'071�truaor con GwConst, �5-16-05fjncx
kigust 18, 201 a
-- Page 10 of I I Pages -- 912115 CC AGENDA PACKET PAGE 361
�PPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
a
JOSHIUA H RUDNICK
Deputy 0ty Attorney
Insurance:
191 U-30 NI 410:1;rA3lm:l 01��
as
SANDRA JIMENIE,Z
Assistant Finance Director
COUNT ERSRGNED,
By:
NELSON SMITH
Finance Director
CONSTRUCTMN PROJECTS AGIREEMENTU
15 VRA C GoncreleConslrrjclion CarCWGOnsl, 15-1B-06dwx
August 18, 2015 -- Page 11 of 11 Pages -- 912115 CC AGENDA PACKET PAGE 362
l
lI
i�
MEETING DATE: 9/2/2015 Consent -Bids aa.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: 8/20/2015
•
WARD: Ward(s) 1, 2, 4, 5, 7
SUBJECT: Accept bid and approve contract with Robertson Industries, Inc. ($136,466), for
replacement playground rubberized surfacing at various parks.
STAFF RECOMMENDATION:
Staff recommends acceptance of bid and approval of contract.
BACKGROUND:
As part of the Fiscal Year 2014 -15 Capital Improvement Program, the City Council approved a project to
replace rubberized surfaces at various City parks. City parks have rubberized surfacing as a safety
requirement under playground structures. This surface deteriorates over time due to weather conditions
and general use. To maintain compliance with public playground safety requirements, several parks are
in need of partial or complete rubberized surfacing replacement.
Bids were solicited for replacement playground rubberized surfacing at various parks. Two bids were
received in response to the solicitation.
The bid specifications identified parks in immediate need of repair and grouped them as a base
bid. The base bid included The Park at River Walk, Pin Oak Park, Quailwood Park, Planz
Park, Dr. Martin Luther King Park and Jastro Park. The award is based on the base bid
amount.
An "additive alternate" option was included in the bid package for repairs at additional park
locations based on budgeted funding available for this work. Funds are available to include
additional repairs at the following "additive alternate" park sites; Windsor Park, Central Park,
Campus Park South, Granite Pointe Park, Centennial Park and Jefferson Park. Parks staff has
since determined that the Amtrak and Wayside Park sites are in need of full playground
replacement, thus it would be more cost effective to replace the rubberized surface at these
two locations when the playground replacement occurs in the future. A spreadsheet showing
complete analysis is attached.
Funds are budgeted in the Park Improvement Fund for this project. There is General Fund
impact associated with this contract.
The two bids received are as follows:
912115 CC AGENDA PACKET PAGE 363
BIDDER
BASE BID
(6 PARKS)
Robertson Industries, Inc.
$110,087
Tempe, AZ
SpectraTurf
$115,410
Corona, CA
ADDITIVE ALTERNATES
(6 PARKS)
$26,379
TOTAL AWARD
$136,466
R
Staff finds the low bid submitted by Robertson Industries, Inc. to be acceptable and
recommends approval of the contract in the amount of $136,466.
ATTACHMENTS:
Description
D Agreement
D Spreadsheet
Type
Agreement
BaCkUa p 1Mateirl4
912115 CC AGENDA PACKET PAGE 364
AGREEMENT NO.
CONSTRUCTION PROJECTS AGREEMENT
THIS AGREEMENT is made and entered into on , by
and between the CITY OF BAKERSFIELD, a municipal corporation, ( "CITY' herein)
and ROBERTSON INDUSTRIES, INCORPORATED (a California Corporation)
( "CONTRACTOR" herein).
RECITALS
WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and
well qualified in the field of rubberized surfacing; and
WHEREAS, CONTRACTOR has conducted a thorough site inspection; and
WHEREAS, CITY desires to employ CONTRACTOR to complete replacement
playground rubberized surfacing at various parks ( "Project" herein) which
consists of BASE BID (The Park at River Walk, Pin Oak Park, Quailwood Park, Planz
Park, Dr. Martin Luther King Park & Jastro Park) plus additive alternates Windsor
Park, Central Park, Campus Park South, Granite Point Park, Centennial Park &
Jefferson Park as set forth herein.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and
CONTRACTOR mutually agree as follows:
1. SCOPE OF WORK. The scope of work to be performed consists, in
general, of replacement playground rubberized surfacing at various parks
( "Project" herein).
1.1. The scope of work shall include all items and procedures
necessary to properly complete the task CONTRACTOR has been hired to
perform, whether specifically included in the scope of work or not. CITY and
CONTRACTOR agree all communications relating to this Agreement must be in
writing. CONTRACTOR understands and agrees that the CITY is an urban area
and underground obstructions including, without limitation, water lines,
electrical lines, sewer lines, and gas lines are inherent in any work involving
subsurface excavation. At a minimum, CONTRACTOR must contact
appropriate underground alert authorities before starting any subsurface work.
1.2. The following shall be deemed to be part of this Agreement
CONSTRUCTION PROJECTS AGREEMENT \kb
C: \Program Files ( x86) \neevia.com \docConverterPro \temp \NVDC \C3 EDD5D8 -D91 C-4C50 -8B9C-
38B428217EF0 \PDFConvert.3545.1. Replacement_ Playground_Rubberized_Surfaci ng_at_ Various _Parks_15- 16- 07_Robertson_I nd.docx
August 19, 2015
-- Page 1 of 11 Pages --
9/2/15 CC AGENDA PACKET FACE ,36.E
as if fully set forth herein:
1.2.1. Invitation to Bid No. 15 -16 -07
1.2.2. Special Provisions
1.2.3. Bid Security
1.2.4. Bid Proposal
1.2.5. Non - collusion affidavit
1.2.6. Contractor Certification Regarding Debarment
1.2.7. Workers Compensation Insurance Certification
1.2.8. Statement of OSHA Compliance
1.2.10 Bidders Statement Regarding Insurance Coverage
1.2.11. Performance Bond
1.2.12. Material and Labor Bond
1.2.13. Letters of transmittal, if any
1.2.14 All provisions required by law to be inserted in this
Contract whether actually inserted or not.
1.2.15. Current State of California DAS 140 Form (if required by
Specifications)
1.2.16 DI PWC 100 Form
2. COMPENSATION. Compensation for all work, services or products
called for under this Agreement shall consist of a total payment NOT TO EXCEED
ONE HUNDRED THIRTY SIX THOUSAND FOUR HUNDRED SIXTY SIX DOLLARS
($136,466) in accordance with the bid documents. 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. Unless
otherwise required by State law, a five percent (5 %) retention shall be withheld
from payments to CONTRACTOR by CITY. The five percent (5 %) retention
required by the Bakersfield Municipal Code shall be released after the
appropriate statutes have expired and all liens and stop payment notices have
been cleared.
3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services
rendered in accordance with the Special Provisions applicable to this Project.
4. SCHEDULING. When required by CITY in contract bid documents, or
upon reasonable notice, CONTRACTOR shall supply CITY with scheduling
documents showing all information in a form requested by CITY. CONTRACTOR's
scheduling personnel shall have experience in and be knowledgeable in
scheduling. CITY may require CONTRACTOR to supply the schedule on
programs named by CITY (Microsoft Project for example), and may require said
schedules to be undated or revised on a regular basis. CITY may require
CONSTRUCTION PROJECTS AGREEMENT \kb
C: \Program Files ( x86) \neevia.com \docConverterPro \temp \NVDC \C3 EDD5D8 -D91 C-4C50 -8B9C-
38B428217EF0 \PDFConvert.3545.1. Replacement_ Playground_Rubberized_Surfaci ng_at_ Various _Parks_15- 16- 07_Robertson_I nd.docx
August 19, 2015
-- Page 2 of 11 Pages --
9/2/15 CC AGENDA PACKET FACE 366
recovery schedules if CONTRACTOR falls behind the Project schedule. CITY's
review or comment on the schedule shall not constitute acceptance thereof.
5. NO WAIVER OF DEFAULT. The failure of any party to enforce against
another party any provision of this Agreement shall not constitute a waiver of
that party's right to enforce such a provision at a later time, and shall not serve
to vary the terms of this Agreement.
6. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in
effect or obtain at all times during the term of this Agreement any licenses,
permits and approvals which are legally required for CONTRACTOR to practice
its profession.
7. STANDARD OF PERFORMANCE. All work shall be performed in
conformity with all legal requirements and industry standards observed by a
specialist of the profession in California.
8. MERGER AND MODIFICATION. All prior agreements between the
parties are incorporated in this Agreement which constitutes the entire
agreement. Its terms are intended by the parties as a final expression of their
agreement with respect to such terms as are included herein and may not be
contradicted by evidence of any prior agreement or contemporaneous oral
agreement. The parties further intend this Agreement constitutes the complete
and exclusive statement of its terms and no extrinsic evidence whatsoever may
be introduced in any judicial or arbitration proceeding involving this Agreement.
This Agreement may be modified only in a writing signed by all the parties. If
any modification of this Agreement results in total compensation which exceeds
Forty Thousand Dollars ($40,000.00), such modification must be approved by the
City Council.
9. EXHIBITS. In the event of a conflict between the terms, conditions or
specifications set forth in this Agreement and those in exhibits attached hereto,
the terms, conditions, or specifications set forth in this Agreement shall prevail.
All exhibits to which reference is made in this Agreement are deemed
incorporated in this Agreement, whether or not actually attached.
10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at
CONTRACTOR's sole cost, comply with all of the requirements of Municipal,
State, and Federal authorities now in force, or which may hereafter be in force,
pertaining to this Agreement, and shall faithfully observe in all activities relating
to or growing out of this Agreement all Municipal ordinances and State and
Federal statutes, rules or regulations, and permitting requirements now in force
or which may hereafter be in force including, without limitation, obtaining a City
of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02)
CONSTRUCTION PROJECTS AGREEMENT \kb
C: \Program Files ( x86) \neevia.com \docConverterPro \temp \NVDC \C3 EDD5D8 -D91 C-4C50 -8B9C-
38B428217EF0 \PDFConvert.3545.1. Replacement_ Playground_Rubberized_Surfaci ng_at_ Various _Parks_15- 16- 07_Robertson_I nd.docx
August 19, 2015
-- Page 3 of 11 Pages --
9/2/15 CC AGENDA PACKET FACE 367
where required.
11. 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.
12. INDEPENDENT CONTRACTOR. This Agreement calls for the
performance of the services of CONTRACTOR as an independent contractor.
CONTRACTOR is not an agent or employee of the CITY for any purpose and is
not entitled to any of the benefits provided by CITY to its employees. This
Agreement shall not be construed as forming a partnership or any other
association with CONTRACTOR other than that of an independent contractor.
CONTRACTOR retains the right to control the manner in which the services
described herein are performed and CONTRACTOR will supply all equipment,
tools, materials and supplies necessary to perform the services set forth in this
Agreement.
13. INSURANCE and BONDS. In addition to any other insurance or bond
required under this Agreement, the CONTRACTOR shall procure and maintain
for the duration of this Agreement the following types and limits of insurance
( "basic insurance requirements ") herein:
13.1 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:
13.1.1 Provide coverage for owned, non -owned and hired
autos.
13.2. Broad form commercial general liability insurance, unless
otherwise approved by the CITY's Risk Manager, providing coverage on an
CONSTRUCTION PROJECTS AGREEMENT \kb
C: \Program Files ( x86) \neevia.com \docConverterPro \temp \NVDC \C3 EDD5D8 -D91 C-4C50 -8B9C-
38B428217EF0 \PDFConvert.3545.1. Replacement_ Playground_Rubberized_Surfaci ng_at_ Various _Parks_15- 16- 07_Robertson_I nd.docx
August 19, 2015
-- Page 4 of 11 Pages --
9/2/15 CC AGENDA PACKET FACE 368
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:
13.2.1 Provide contractual liability coverage for the terms
of this Agreement.
13.2.2 Provide unlimited products and completed operations
coverage.
13.2.3 Contain an additional insured endorsement in favor
of the CITY, its mayor, council, officers, agents,
employees and volunteers.
13.2.4 All policies shall be written on a first - dollar coverage
basis, or contain a deductible provision. Subject to advance
approval by the CITY, CONTRACTOR may utilize a Self- Insured
Retention provided that the policy shall not contain
language, whether added by endorsement or contained in
the Policy Conditions, that prohibits satisfaction of any Self -
Insured provision or requirement by anyone other than the
Named Insured, or by any means including other insurance or
which is intended to defeat the intent or protection of an
Additional Insured.
13.3. Workers' compensation insurance with statutory limits and
employer's liability insurance with limits of not less than One Million Dollars
($1,000,000) per accident; and the policy shall contain a waiver of subrogation
in favor of the CITY, its mayor, council, officers, agents, employees and
volunteers.
13.4. 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.
13.5. 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.
CONSTRUCTION PROJECTS AGREEMENT \kb
C: \Program Files ( x86) \neevia.com \docConverterPro \temp \NVDC \C3 EDD5D8 -D91 C-4C50 -8B9C-
38B428217EF0 \PDFConvert.3545.1. Replacement_ Playground_Rubberized_Surfaci ng_at_ Various _Parks_15- 16- 07_Robertson_I nd.docx
August 19, 2015
-- Page 5 of 11 Pages --
9/2/15 CC AGENDA PACKET FACE 369
13.6. 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.
13.7. 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.
13.8. The CONTRACTOR shall furnish the City Risk Manager with a
certificate of insurance and required endorsements evidencing the insurance
and bonds required. The CITY may withdraw its offer of contract if certificates of
insurance and endorsements and bonds required have not been provided as
required by the Special Provisions.
13.9. Full compensation for all premiums which the CONTRACTOR is
required to pay on all the insurance described herein shall be considered as
included in the prices paid for the various items of work to be performed under
the Agreement, and no additional allowance will be made therefor or for
additional premiums which may be required by extensions of the policies of
insurance.
13.10. 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.
13.11. 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.
13.12. CONTRACTOR shall provide performance, labor and material
bonds in amounts and in a form suitable to the CITY. CITY shall approve in
writing all such security instruments prior to the commencement of work on the
Project.
14. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will
CONSTRUCTION PROJECTS AGREEMENT \kb
C: \Program Files ( x86) \neevia.com \docConverterPro \temp \NVDC \C3 EDD5D8 -D91 C-4C50 -8B9C-
38B428217EF0 \PDFConvert.3545.1. Replacement_ Playground_Rubberized_Surfaci ng_at_ Various _Parks_15- 16- 07_Robertson_I nd.docx
August 19, 2015
-- Page 6 of 11 Pages --
9/2/15 CC AGENDA PACKET FACE 370
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.
15. 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.
16. TERMINATION. This Agreement may be terminated as set forth in
the Special Provisions for this Project. If no termination clauses are included in
the Special provision this Agreement may be terminated for CONTRACTOR
default. The following circumstances shall be deemed a CONTRACTOR default:
1) a material breach of the contract where CONTRACTOR fails to cure said
breach within ten (10) days of notice from CITY. If said breach cannot
reasonably be cured within ten (10) days CONTRACTOR must have taken
significant steps to cure said breach including, without limitation, providing a
written plan acceptable to CITY to cure the default and immediately
commencing to cure the default; 2) violation of any law, statute, regulation,
rule, ordinance, permit or order of any governmental agency by CONTRACTOR
applicable to the Project and where CONTRACTOR does not cure said violation
within ten (10) days of the date of the notice of violation or notice from CITY
demanding a cure, whichever is earlier; 3) CONTRACTOR makes an assignment
for benefit of creditors, admits an inability to pay debts, files a petition in
bankruptcy or is otherwise determined bankrupt or insolvent; 4) CONTRACTOR
fails to adequately respond in writing to CITY's written demand for adequate
assurances. CONTRACTOR must respond to CITY'S demand for adequate
assurances within ten (10) days in writing with all necessary information to assure
CITY that CONTRACTOR has the financial and other necessary resources to
perform the contract without breach. All information requested by CITY shall be
supplied or CONTRACTOR will be in material breach of this Agreement.
16.1 In the event of termination by CITY as set forth above,
CONTRACTOR shall remain fully liable for any work not completed,
liquidated damages, delays by follow up contractors, materials and
equipment provided, designs commenced through the date of
termination, and consequential damages. CONTRACTOR will
immediately deliver to CITY possession of the work including all
CONSTRUCTION PROJECTS AGREEMENT \kb
C: \Program Files ( x86) \neevia.com \docConverterPro \temp \NVDC \C3 EDD5D8 -D91 C-4C50 -8B9C-
38B428217EF0 \PDFConvert.3545.1. Replacement_ Playground_Rubberized_Surfaci ng_at_ Various _Parks_15- 16- 07_Robertson_I nd.docx
August 19, 2015
-- Page 7 of 11 Pages --
9/2/15 CC AGENDA PACKET FACE 371
designs, engineering, project records, cost data, drawing
specifications and contracts, and construction supplies and aids
dedicated solely to performing the work. CONTRACTOR shall assign
all subcontracts to CITY, however, CITY may accept or reject said
subcontracts at its sole discretion.
16.2. CITY and CONTRACTOR agree that should CITY's termination
for cause be determined by a court of law to be wrongful or without cause,
such termination will be treated as a termination for convenience entitling
CONTRACTOR to an equitable settlement for claims and liabilities outstanding at
the date of termination and reasonable compensation for work actually
performed to the date of termination. No other compensation shall be due
CONTRACTOR for termination for convenience.
17. REMEDIES. The remedies provided in this Agreement are cumulative
and are in addition to any other remedies in law or equity which may be
available to CITY. The election of one or more remedies shall not bar the use of
other remedies unless the circumstances make the remedies incompatible.
18. SITE INSPECTION. CITY shall be allowed to inspect the construction
site at any time and CONTRACTOR shall make all areas of the construction site
available to inspection including, without limitation, any construction trailers or
offices at the site and all plans, drawings, documents, schedules, photographs
and other documentation relating to the Project.
19. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop
notices or liens to be filed on the project, and shall pay all costs and fees to CITY,
including without limitation attorney's fees, incurred by CITY because of the filing
of any such stop notice, lien or legal action relating thereto. CONTRACTOR
agrees CITY may withhold from any funds held by CITY concerning the project
amounts sufficient to cover costs and fees, including without limitation attorney's
fees, incurred by CITY because of the filing of any stop notice, lien, or legal
action relating thereto.
20. 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.
21. 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
CONSTRUCTION PROJECTS AGREEMENT \kb
C: \Program Files ( x86) \neevia.com \docConverterPro \temp \NVDC \C3 EDD5D8 -D91 C-4C50 -8B9C-
38B428217EF0 \PDFConvert.3545.1. Replacement_ Playground_Rubberized_Surfaci ng_at_ Various _Parks_15- 16- 07_Robertson_I nd.docx
August 19, 2015
-- Page 8 of 11 Pages --
9/2/15 CC AGENDA PACKET FACE 372
mail. The parties shall be addressed as follows, or at any other address
designated by notice:
CITY: CITY OF BAKERSFIELD
RECREATION AND PARKS DEPARTMENT
1600 Truxtun Avenue
Bakersfield, California 93301
(661) 326 -3011
CONTRACTOR: ROBERTSON INDUSTRIES, INC.
2414 W 12th Street #5
Tempe, AZ 85281
800 - 858 -0519 (phone)
602 - 340 -0402 (fax)
22. 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.
23. 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.
24. 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.
25. TITLE TO DOCUMENTS. All documents, plans, and drawings,
maps, photographs, and other papers (including, but not limited to, computer
CONSTRUCTION PROJECTS AGREEMENT \kb
C: \Program Files ( x86) \neevia.com \docConverterPro \temp \NVDC \C3 EDD5D8 -D91 C-4C50 -8B9C-
38B428217EF0 \PDFConvert.3545.1. Replacement_ Playground_Rubberized_Surfaci ng_at_ Various _Parks_15- 16- 07_Robertson_I nd.docx
August 19, 2015
-- Page 9 of 11 Pages --
9/2/15 CC AGENDA PACKET FACE 373
or electronic data), or copies thereof prepared by CONTRACTOR pursuant to
the terms of this Agreement, shall, upon preparation, become the property of
the CITY.
26. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate
accounting records and other written documentation pertaining to all costs
incurred in performance of this Agreement. Such records and documentation
shall be kept at CONTRACTOR's office during the term of this Agreement, and for
a period of three (3) years from the date of the final payment hereunder, and
said records shall be made available to CITY representatives upon request at
any time during regular business hours.
27. 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.
28. TAX NUMBERS.
CONTRACTOR's Federal Tax ID Number 86- 0686635
CONTRACTOR is a corporation? Yes X No
(Please check one.)
29. CONTRACTOR'S LICENSE INFORMATION.
License Number 667261
Expiration Date 03/31/2017
License Classification C61 /D12
30. NON - INTEREST. No officer or employee of the CITY shall hold any
interest in this Agreement (California Government Code section 1090).
31. 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed, the day and year first -above written.
"CITY" "CONTRACTOR"
CITY OF BAKERSFIELD ROBERTSON INDUSTRIES, INC.
CONSTRUCTION PROJECTS AGREEMENT \kb
CAProgram Files ( x86) \neevia.com \docConverterPro \temp \NVDC \C3 EDD5D8 -D91 C-4C50 -8B9C-
38B428217EF0 \PDFConvert.3545.1. Replacement_ Playground_Rubberized_Surfaci ng_at_ Various _Parks_15- 16- 07_Robertson_I nd.docx
August 19, 2015
-- Page 10 of 11 Pages --
9/2/15 CC AGENDA PACKET FACE 374
By: By:
HARVEY L. HALL
Mayor PRINT NAME:
Title:
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
JOSHUA H RUDNICK
Deputy City Attorney
APPROVED AS TO CONTENT:
RECREATION AND PARKS DEPARTMENT
DIANNE HOOVER
Recreation and Parks Director
COUNTERSIGNED:
NELSON SMITH
Finance Director
Insurance:
CONSTRUCTION PROJECTS AGREEMENT \kb
CAProgram Files ( x86) \neevia.com \docConverterPro \temp \NVDC \C3 EDD5D8 -D91 C-4C50 -8B9C-
38B428217EF0 \PDFConvert.3545.1. Replacement_ Playground_Rubberized_Surfaci ng_at_ Various _Parks_15- 16- 07_Robertson_I nd.docx
August 19, 2015
-- Page 11 of 11 Pages --
9/2/15 CC AGENDA PACKET FACE ,37.E
Replacement Playground Rubberized
Surfacing at Various Parks
Bid No. 15 -16 -07
Robertson
Industries, Inc.
Tempe, AZ
800 - 858 -0519
(Fax) 602 - 340 -0402
Spectraturf
Corona, CA
951 - 736 -3579
(Fax) 951- 734 -3630
ITEM
DESCRIPTION
Cost per Site
Cost per Site
1
The Park at River Walk, 11200 Stockdale Hwy.
$19,135
$20,898
2
Pin Oak Park, 3101 Pin Oak Park Blvd.
$8,769
$11,457
3
Quailwood Park, 7400 Quailwood Drive
$6,545
$7,279
4
Planz Park, 1601 Planz Road
$39,441
$30,149
5
Dr. Martin Luther King Park, 1000 So. Owens St.
$16,427
$23,232
6
Jastro Park, 2900 Truxtun Avenue
$19,770
$22,395
Line Items 1 -6 Total (BASE BID)
$110,087
1 $115,4
Additive Alternates - Proposed for award
7
Windsor Park, 515 Windsor Park Drive
$1,575
$4,917
8
Central Park, 600 -19th Street
$13,782
$15,297
9
Campus Park South, 8800 District Blvd.
$1,646
$4,927
10
Granite Pointe Park, 7914 Granite Pointe Parkway
$2,860
$2,411
11
Centennial Park, 400 Montclair Street
$1,503
$2,754
14
Jefferson Park, 801 Bernard Street
$5,013
$13,163
Subtotal - Additive Alternates Lines 7 -11 & 14
1 $26,379
$43,469
Total awarded items (Base Bid plus additive alternates) 1 $136,466 1 $158,879
Additive Alternates - Not Proposed for award
12
Amtrak Station Playground, 601 Truxtun Avenue
$13,365
$12,044
13
Wayside park, 1200 Ming Avenue
$27,850
$24,552
912115 CC A EN A PACKET PAGE 376
enaif
MEETING DATE: 9/2/2015 Consent -Miscellaneous ab.
TO: Honorable Mayor and City Council
FROM: Greg Williamson, Police Chief
DATE: 8/13/2015
VI %1 N 13
SUBJECT: Appropriate $8,640 contributions from the Bakersfield Foundation to
the Police Department Operating Budget within the General Fund to
offset the costs of the purchase of a Police Canine.
STAFF RECOMMENDATION:
Staff recommends approval of the appropriation.
BACKGROUND:
The Bakersfield Police Department K -9 Unit was established in 1988. The Unit is an important
operational component of the Police Department. Over the past 27 years, the Unit has been
responsible for thousands of arrests and the confiscation of significant amounts of marijuana,
methamphetamine, cocaine, and heroin.
The police K -9, due to its strength, agility, courage, and keen sense of smell are utilized to
assist law enforcement in various tasks and situations. Because of these attributes, police
service dogs can be utilized to assist in searching for potentially violent criminals and aid in the
apprehension of fleeing criminals who may place innocent community members or other police
officers at risk of injury. In potentially dangerous situations, the police K -9 can often assume
the risk by preventing exposure of a police officer to a violent confrontation. The police K -9 are
highly trained to detect the presence of narcotics. The dogs also offer the department an
effective public relations tool to disseminate information about the police department's mission,
functions, and crime fighting efforts.
As police service dogs age, there comes a point in time when they are no longer able to
perform to the Department's standards. When this time comes, the dog is retired to its
handler's home and the handler is allowed to purchase the animal. On August 1, 2015, BPD K
-9 Patrol service dog Carson was retired into his handler's care, creating the need to purchase
a replacement canine for the department. After completing a comprehensive evaluation
process and cost analysis, a new dog has been selected to replace Carson.
The purchase price of the new dog is $8,640. The canine will be funded through a generous
contribution to the Bakersfield Foundation from Jack and Carol Craig of Bakersfield. There is
no impact to the General Fund associated with this action.
912115 CC AGENDA PACKET PAGE 377
The proposed action will appropriate the donated funds to the Police Department operating
budget for the purchase of the canine.
912115 CC A EN A PACKET PAGE 378
enaif
MEETING DATE: 9/2/2015 Consent -Miscellaneous ac.
TO: Honorable Mayor and City Council
FROM: Douglas N. Mclsaac, Community Development Director
DATE: 8/11/2015
VI %1 N 13
SUBJECT: Appropriate $50,000 State Grant Revenue for the Waste Tire
Enforcement Grant Program to the Community Development
Department Operating Budget in the General Fund.
STAFF RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
The City has received a $50,000 grant from the California Department of Resources, Recycling
and Recovery for waste tire enforcement. The grant will offset funding for Code Enforcement
staff time directly related to the development, monitoring and implementation of a program to
educate tire dealers and auto dismantlers of their responsibilities as waste tire generators and
reduce the illegal disposal of waste tires.
The California Department of Resources, Recycling and Recovery, over the past grant cycles
have reimbursed the City over $242,000 through the Tire Enforcement Grant Program. In that
time, Code Enforcement staff has conducted 1,659 inspections of waste tire generators and
identified over 826 piles of illegally- dumped tires within the City's jurisdiction. Over 10,000
illegally- dumped tires have been abated by private property owners, Code Enforcement or
through other CalRecycle Grant programs. Code Enforcement has referred five cases to the
District Attorney's Office for prosecution of tire related - violations of State law. Code
Enforcement staff has spent 965 hours patrolling the City for tire - related activities, conducted
819 hours of surveillance and received over 262 hours in training from the California
Department of Resources, Recycling and Recovery.
Staff is recommending the appropriation.
912115 CC AGENDA PACKET PAGE 379
enaif
MEETING DATE: 9/2/2015 Consent - Successor Agency Business ad.
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: 8/20/2015
1TI %1 N 13
SUBJECT: Settlement Agreement and Mutual Release between the Successor
Agency and the Kern Community College District regarding AB 1290
Pass - Through Underpayments of the former Bakersfield
Redevelopment Agency.
STAFF RECOMMENDATION:
Staff recommends approval of the Settlement Agreement and Mutual Release.
BACKGROUND:
Prior to the dissolution of the former Bakersfield Redevelopment Agency (BRDA) on February
1, 2012, AB 1290 pass- through payments were calculated and paid by the Kern County
Auditor - Controller- County Clerk (KCAC) on behalf of the BRDA to the various school districts
and taxing entities within the former Bakersfield Redevelopment Project Areas. The State
redevelopment dissolution law requires that the KCAC calculate and distribute future AB1290
pass- through payments to the school districts and taxing entities.
In 2013, the California Court of Appeals (Fourth Circuit) ruled in the Los Angeles Unified
School District v. County of Los Angeles et. al. case that the Los Angeles school districts were
entitled to AB -1290 pass - throughs based on a post- Education Revenue Augmentation Fund
(ERAF) basis. This meant that Los Angeles County and the other taxing entities within Los
Angeles County, including several of the dissolved redevelopment agencies, owed
underpayments of the AB -1290 pass through payments to the various Los Angeles County
school districts. The Los Angeles School District case was not appealed and so it remains the
current law in effect. Other counties started to follow the Los Angeles School District case in
terms of calculating their AB 1290 pass- through payments due to the school districts.
On April 15, 2015, the KCAC notified the Successor Agency to the dissolved BRDA
( "Successor Agency ") of the KCAC's calculations of the AB 1290 pass through underpayments
based on the Los Angeles Court Decision by a letter, which is attached to this administrative
report. Subsequently, the KCCD agreed to adopt the KCAC's figures for their claim and
demanded that the Successor Agency add underpayments of AB 1290 pass- through for the
KCCD as enforceable obligations to the next ROPS in the amount of Seventy -Four Thousand
Twenty Dollars and 66/100 ($74,020.66).
912115 CC AGENDA PACKET FACE 380
Approval of the Settlement Agreement and Mutual Release will not affect the City of
Bakersfield's general fund. In addition, placing the AB 1290 underpayments on the next ROPS
will not jeopardize the existing Successor Agency's enforceable obligations because those
obligations would still be able to be completely funded on future ROPS. Finally, existing
enforceable obligations also take priority over AB 1290 pass through obligations.
If the Successor Agency approves the Settlement Agreement and Mutual Release, staff will
forward the Settlement Agreement and Mutual Release to the Oversight Board to the
Successor Agency and the State Department of Finance for their approval and staff will also
add the AB 1290 underpayments on the next ROPS.
ATTACHMENTS:
Description Type
Letter from KCAC dated April 15, 2015 C:3aCli Ua p 11Matcwirl4 l
D Settlement Agreement and Mutual Release Agreement
912115 CC A EN A PACKET PAGE 381
OMMER
Bakersfield Successor Agency
Attn: Nelson Smith, Finance Di
1600 Truxtun Ave.
Bakersfield, CA 93301
WIRMIr "T,
R- M.
MMM
w4
Mary B. Bedard, CPA
Auditor-Controller-County Clerk
912115 CC AGENDA PACKET PAGE 382
7,571911W-91
912115 CC AGENDA PACKET PAGE 383
Bakersfield Successor Agency
Revised
Revised
Revised
Total
Pass-through
Pass-through
Pass-through
Revised
PassThrough
2Lm—
09-10
10-11
Rm,:Lh
Pr v"
2&M=
80006
RAKERSFIELD CITY
7,011.59
21385.51
20,756.30
49,155.40
36,840,28
12,91512
81038
KERN JT UNION HI
6,62916
2021132
19,618.60
46,461.08
34,820.97
11,640.11
84038
KERN JT COMM COLL
1,984.27
6050.04
5,87104
13,906.25
10,422.26
3,483.99
86010
EDUCATION
643.08
1960.84
1,903.14
4,507.06
3,377.91
1,129.15
16,270.00
49,609.71
48,150.08
114,029.79
85,461.42
29,568-37
(M Town
80006
BAKERSFIELD CITY
144,521.16
143229.23
124,940.11
412,690,50
309933.44
102,757.06
81038
KERN JT UNION HI
136,599-60
135378.48
118,092,83
390,069.91
292945.21
97,124.70
84038
KERN JT COMM COLL
40,885.64
40520.14
35,346,07
126,751.85
87681.45
29,070,40
8W10
EDUCATION
13,251.09
13132-63
11,455,71
37,839.43
28417.68
9,421.7.5
335,257.49
332,260.48
289,833.72
957,351.69
718,977.78
238,373.91
S_outheast
80W$
BAKERSFIELD CITY
259,049A1
206,918.72
201,606,30
667 ,574.43
523,542.75
144,031.68
80M
FAIRFAX
2,813.00
2,965.00
3,011.82
8,789.82
6,893,72
1,996.10
81038
KERN JT UNION HI
248A14-96
199334.23
194,372.33
642,121.52
503,581.93
138,539-69
84038
KERN JT COMM COLL
74353.01
59662.65
58,17730
192,293.16
150,726.89
41,466.27
8W10
EDUCATION
24,097,54
19336.42
18,855.09
62,299.05
48,850.00
13,439.05
608,727-92
489,217.02
476,023.04
1,572,967.98
1,233,595.19
339,372.79
960,255.41
870,087.21
814,006.94
2,644,349.46
2,038,034.39
606,315.07
aAKERSFIELD CITY
259,103.86
FAIRFAX
1,896.10
KERN JT UNION 111
247,304.50
KERN JT COMM COLL
74,020.66
EDUCATION
23,989.95
7,571911W-91
912115 CC AGENDA PACKET PAGE 383
AGREEMENT NO.
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE ( "Settlement
Agreement ") is made and entered into as of September 2, 2015, (the "Effective
Date "), by and between the following parties:
Kern Community College District Superintendent of Schools, a
California public education entity ( "KCCD "); and
2. City of Bakersfield, as Successor Agency ( "Bakersfield SA ") to the
former Bakersfield Redevelopment Agency ( "Bakersfield RDA ").
KCCD may be referred to herein as the Local Educational Agency (LEA ").
KCCD and Bakersfield SA may be referred to herein individually as a "Party" or
collectively as the "Parties."
R E C I T A L S
WHEREAS, the LEA asserted that provisions of the Health and Safety Code
required the former Bakersfield RDA to make pass- through payments pursuant to
AB 1290 ( "Pass- through Payments ") to the LEA as a local taxing entity within the
former Bakersfield RDA project areas; and
WHEREAS, pursuant to ABX 1 -26, on February 1, 2012, the former Bakersfield
RDA was dissolved, and the Bakersfield SA was created by law to wind -down
the operations and business of the former Bakersfield RDA; and
WHEREAS, in August 2015, KCCD made a request to the Bakersfield SA for
unpaid Pass - through Payments for fiscal years 2008/2009 thru 2010/2011 ("Pre -
Dissolution Pass - through Payments "); and
WHEREAS, these Pre - Dissolution Pass - through Payments constitute
enforceable obligations of the Bakersfield SA per Health and Safety Code
Section 34171 (d) (1) (C), since (i) they are "obligations imposed by State law" for
years prior to dissolution of the former Bakersfield RDA, and (ii) they are not
"pass- through payments that are made by the county auditor - controller
pursuant to [Health and Safety Code] Section 34182," which payments are
exclusively for years after dissolution of the former Bakersfield RDA; and
Settlement Agreement and Mutual Release
C: \Program Files ( X86 ) \Neevio.Com \Docconverterpro\ Temp\ NVDC\ F45B7E2D- 70F8- 49F1- 84BC- 5941CB314235\ Pdfconvert .3548.1.KCCD_Stlmt_Agr_Rls.Docx
August 10, 2015
-- Page 1 of 6 Pages --
WHEREAS, the Parties have been working cooperatively to identify and
reach an amicable, full and final settlement relating to the amount of these Pre -
Dissolution Pass - through Payments that have been alleged to remain due and
owing to the LEA; and
WHEREAS, except as otherwise set forth herein, nothing in the Settlement
Agreement is intended to affect or waive the rights of any of the Parties in
relation to future Pass - through Payments.
TERMS OF SETTLEMENT
NOW, THEREFORE, in consideration of the promises and covenants
contained herein, the Parties agree as follows:
1. GOVERNING BOARD APPROVAL. The Parties agree that this
Settlement Agreement is contingent upon approval by each Party's governing
board ( "Board "). In the event that any Board rejects this Settlement Agreement,
this Settlement Agreement shall be of no force and effect and none of the
Parties shall be deemed to have waived any rights with respect to the disputed
Pass - through Payments.
2. SETTLEMENT OF CLAIMS. The Parties hereby agree to resolve all
disputes related to the amount of Pre - Dissolution Pass - through Payments due to
the LEA in the total amount of Seventy -Four Thousand Twenty Dollars and 66 /100
($74,020.66) as follows:
2.1. KCCD Obligation. The Bakersfield SA shall pay from funds it
receives from the Real Property Tax Transfer Fund ( "RPTTF ") a Pre - Dissolution Pass -
through Payment to KCCD in the total amount of Seventy -Four Thousand Twenty
Dollars and 66 /100 ($74,020.66) (the "KCCD Obligation ").
2.2. RPTTF. The Bakersfield SA shall satisfy the KCCD Obligation
(the "LEA Obligation ") from monies it receives from its RPTTF. The Parties
acknowledge that any payments from the RPTTF to the Bakersfield SA must be
approved by the Oversight Board for the Bakersfield SA (the "OB ") and the State
Department of Finance ( "DOF "). Subject to approval of the OB, the Bakersfield
SA shall schedule payment of the LEA Obligation as "recognized obligations" on
the Recognized Obligation Payment Schedules ( "ROPS ") for the period of
January 1, 2016 to June 30, 2016 (2015/2016 ROPS B Period). Bakersfield SA's
funding of the LEA Obligation will be triggered by and funded as recognized
obligations on the 2015/2016 ROPS B (period January 1, 2016 to June 30, 2016).
Settlement Agreement and Mutual Release
C: \Program Files ( X86 ) \Neevio.Com \Docconverterpro\ Temp\ NVDC\ F45B7E2D- 70F8- 49F1- 84BC- 5941CB314235\ Pdfconvert .3548.1.KCCD_Stlmt_Agr_Rls.Docx
August 10, 2015
-- Page 2 of 6 Pages --
3. RELEASE AND WAIVER OF CLAIMS.
3.1. Excepting the obligations arising out of this Settlement
Agreement, each Party, on behalf of itself, and all present or former Board
members, officers, employees, agents, attorneys and representatives, successors
and assigns, and each of them (the "Party Representatives "), does hereby fully
and finally settle, release, relieve, acquit and forever discharge all other Parties
and their Party Representatives from any and all claims, claims for
indemnification or contribution, complaints, causes of action, demands,
liabilities, losses, or damages, including attorneys' fees and costs, experts' and
consultants' fees and costs, whether asserted, or that could have been
asserted, known or unknown, which the Party or Party Representatives may now
or thereafter have against any other Party and their Party Representatives,
arising out of or in any way related to the matters herein.
3.2. Each of the Parties hereto acknowledges that it is familiar with
Section 1542 of the California Civil Code which provides as follows:
A general release does not extend to
claims which the creditor does not know or
suspect to exist in his or her favor at the
time of executing the release, which if
known by him or her must have materially
affected his or her settlement with the
debtor.
3.3. Except as provided for specifically in this Settlement
Agreement, the Parties waive and relinquish any and all rights and benefits
which they may have under, or which may be conferred upon them by the
provisions of Section 1542 of the California Civil Code, to the fullest extent that
they may lawfully waive such rights or benefits pertaining to the subject matter
of this Settlement Agreement. In connection with such waiver and
relinquishment, the Parties hereby acknowledge that they are aware that they
or their attorneys may hereafter discover claims or facts in addition to or
different from those which they now know or believe to exist with respect to the
subject matter of this Settlement Agreement, but that it is the intention of each
of the Parties to this Settlement Agreement to hereby fully, finally and forever
waive said claims, whether known or unknown, suspected or unsuspected,
which concern, arise out of, or are in any way connected with the matters set
forth in this Settlement Agreement.
Settlement Agreement and Mutual Release
C: \Program Files ( X86 ) \Neevio.Com \Docconverterpro\ Temp\ NVDC\ F45B7E2D- 70F8- 49F1- 84BC- 5941CB314235\ Pdfconvert .3548.1.KCCD_Stlmt_Agr_Rls.Docx
August 10, 2015
-- Page 3 of 6 Pages --
3.4. Except for proceedings to enforce the terms of this Settlement
Agreement and proceedings related to matters not released by this Settlement
Agreement, the Parties covenant and agree that at no time subsequent to the
date of their respective executions of this Settlement Agreement will they file or
maintain or cause or knowingly permit the filing or maintenance of, in any state,
federal or foreign court, or before any local, state, federal or foreign
administrative agency, or any other tribunal, any charge, claim, or action of any
kind, nature or character whatsoever, known or unknown, which they may now
have, or have ever had, or which they may later discover, against another Party
or Parties, which is based in whole or in part on any act, omission or event
relating to the matters herein. The Parties agree that this Settlement Agreement
shall constitute a full and complete defense to, and may be used as a basis for
a permanent injunction against, any action, suit, or other proceeding which
may be instituted, prosecuted, or attempted by any of them in breach of this
Settlement Agreement. Any damages suffered by any of the Parties by reason
of any breach of the provisions of this Settlement Agreement by any of the other
Parties shall be recoverable including attorneys' fees and costs reasonably
incurred in instituting, prosecuting or defending any action, grievance, or
proceeding resulting from said breach of this Settlement Agreement.
4. NO ADMISSION OF LIABILITY. This Settlement Agreement embodies
a compromise of disputed issues and is made in good faith. The Parties
understand that no Party hereto admits any negligence, breach of contract, or
any wrongdoing in connection with the matters herein referred to, and that the
compromise embodied in this Settlement Agreement is not an admission of any
fault, liability, or culpability by any Party.
5. ATTORNEYS' FEES. Except in any proceeding to enforce this
Settlement Agreement, each Party shall bear its own fees and costs.
6. ENFORCEMENT OF SETTLEMENT. In any proceeding to enforce any
rights and /or construe any obligations under this Settlement Agreement, the
prevailing party in such proceeding shall be entitled to recover its reasonable
attorneys' fees and costs incurred, including compensation paid to experts.
7. AUTHORITY. Subject to the provisions of Paragraph 2.2 above,
recognizing the need for approval by the OB and DOF, each Party represents
and warrants that its has full power and authority to enter into and perform this
Agreement and that the person executing this Settlement Agreement on behalf
of that Party has been properly authorized and empowered to enter into this
Settlement Agreement and bind that Party hereto.
Settlement Agreement and Mutual Release
C: \Program Files ( X86 ) \Neevio.Com \Docconverterpro\ Temp\ NVDC\ F45B7E2D- 70F8- 49F1- 84BC- 5941CB314235\ Pdfconvert .3548.1.KCCD_Stlmt_Agr_Rls.Docx
August 10, 2015
-- Page 4 of 6 Pages --
8. INTERPRETATION. This Settlement Agreement shall be interpreted
and enforced in accordance with the laws of the State of California, provided
that no provision of this Settlement Agreement shall be interpreted for or against
a Party because that Party or Parties' legal representative drafted such
provision, and that this Settlement Agreement shall be construed as if jointly
prepared by the Parties.
9. INDEPENDENT COUNSEL. Each of the Parties to this Settlement
Agreement warrants that it has, through its representatives, carefully read and
understood the terms and conditions of this Settlement Agreement, and that it
has not relied upon the representations or advice of any other Party or any
attorney not its own.
10. AMENDMENTS. No modification, waiver, or amendment to this
Settlement Agreement shall be valid unless the same is in writing and executed
by the Party against which the enforcement of such modification, waiver or
amendment is or may be sought.
11. COUNTERPARTS. This Settlement Agreement may be executed in
one or more counterparts, each of which shall be deemed an original. A
facsimile or electronic signature shall be deemed to be the equivalent of the
actual original signature. All counterparts so executed shall constitute one
Settlement Agreement binding all the Parties hereto.
12. SEVERABILITY. The Parties agree that should any provision of this
Settlement Agreement, or any portion of any provision, be declared or
determined by any court of competent jurisdiction to be illegal, invalid or
unenforceable, the remainder of the provision and the Settlement Agreement
shall nonetheless remain binding in effect, unless this would result in a substantial
failure of consideration.
13. WAIVER. Except as may be provided expressly in writing by each
Party, no action or want of action on the part of any Party hereto at any time to
exercise any rights or remedies conferred upon it under this Settlement
Agreement shall be, or shall be asserted to be, a waiver on the part of any such
Party of any of its rights or remedies hereunder.
14. PERFORMANCE OF SETTLEMENT. The Parties agree to perform any
further acts and execute and deliver any further documents that may
reasonably be necessary to carry out the provisions of this Settlement
Agreement. The LEA shall be responsible for all costs, including attorneys' fees
incurred by the SA related to any meet and confer process with DOF or any
litigation, arising out of the inclusion of the LEA's demands, as represented in this
Settlement Agreement, on the SA's BOPS.
Settlement Agreement and Mutual Release
C: \Program Files ( X86 ) \Neevio.Com \Docconverterpro\ Temp\ NVDC\ F45B7E2D- 70F8- 49F1- 84BC- 5941CB314235\ Pdfconvert .3548.1.KCCD_Stlmt_Agr_Rls.Docx
August 10, 2015
-- Page 5 of 6 Pages --
15. ENTIRE AGREEMENT. There are no representations, warranties,
agreements, arrangements, or undertakings, oral or written, between or among
the Parties hereto relating to the subject matter of this Settlement Agreement
which are not fully expressed herein. This Settlement Agreement shall be
interpreted according to its own terms, as defined in this Settlement Agreement
or otherwise according to their ordinary meaning without any parole evidence.
This is an integrated Settlement Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Settlement
Agreement to be executed on the day and year first above written.
"CITY" "KCCD"
BAKERSFIELD SUCCESSOR AGENCY KERN COMMUNITY COLLEGE DISTRICT
ALAN TANDY
City Manager
APPROVED AS TO FORM:
VIRGINIA GENNARO
City ATTORNEY
JOSHUA H. RUDNICK
Deputy City Attorney
COUNTERSIGNED:
NELSON SMITH
Finance Director
JHR:dll
LIN
THOMAS J. BURKE
Chief Financial Officer
Settlement Agreement and Mutual Release
C: \Program Files ( X86 ) \Neevio.Com \Docconverterpro\ Temp\ NVDC\ F45B7E2D- 70F8- 49F1- 84BC- 5941CB314235\ Pdfconvert .3548.1.KCCD_Stlmt_Agr_Rls.Docx
August 10, 2015
-- Page 6 of 6 Pages --
912115 CC AGENDA PACKET FACE 389
enaif
MEETING DATE: 9/2/2015 Hearings 10. a.
TO: Honorable Mayor and City Council
FROM: Douglas N. Mclsaac, Community Development Director
DATE: 7/9/2015
VI %1 N 13
SUBJECT: U.S. Department of Housing and Urban Development (HUD) Action
Plan Amendments:
1. FY 2010 -11 Amendment No. 12 - Create Neighborhood
Stabilization Program (NSP) Housing Acquisition and
Preservation Program with $141,352 Program Income, and
appropriate $141,352 to the NSP operating budget;
2. FY 2011 -12 Amendment No. 4 - Increase Fire Station 1
Improvements Project $20,000 Community Development Block
Grant (CDBG) project savings and change project scope;
3. FY 2014 -15 Amendment No. 5a - Transfer $250,000 HOME
Investment Partnerships (HOME) Program from New
Construction Assistance Program to Housing Urban Bakersfield
Downpayment Assistance;
4. FY 2014 -15 Amendment No. 5b - Create Dr. Martin Luther King
Jr. Park and Community Center Lighting Improvements Project
with $130,000 project savings;
5. Appropriate $2,685 to the CDBG Operating Budget.
STAFF RECOMMENDATION:
Staff recommends approval of the amendments and appropriations.
BACKGROUND:
The City receives funding from the U.S. Department of Housing and Urban Development
(HUD) annually through the submission of an Action Plan, which describes all HUD - funded
projects and activities for a particular fiscal year. HUD allows significant changes to the Action
Plan through a Substantial Amendment. City staff recommends Substantial Amendments
for the HUD - funded activities below.
Neiahborhood Stabilization Proaram (NSP) Housina Acauisition and Preservation
In FY 2010 -11, the City received federal stimulus funds to mitigate issues related to
abandoned, vacant, or foreclosed residential properties. The City has expended its original
allocation of NSP funds; however, over time the program has generated $141,352 in
NSP program income (loan proceeds) that must be used for future NSP - eligible activities. This
Substantial Amendment creates a NSP Downpayment Assistance Program funded
912115 CC AGENDA PACKET PAGE 390
with $141,352 in program income for the purchase of vacant, abandoned, or foreclosed
properties in NSP- eligible areas by households earning 120 percent of the area median
income or less.
Fire Station 1 Improvements
In FY 2011 -12, the City Council approved $120,000 in Community Development Block Grant
(CDBG) funds to paint the exterior and replace the windows at Fire Station 1. Although the City
completed the painting activities, the environmental review process determined the windows
were historic in nature; consequently, replacing the windows according to the historic
preservation guidelines was infeasible. At this moment, Fire Station 1 requires rehabilitation to
a sewer line in the vehicle bay area that has caused subsidence and cracking in the concrete
floor. In addition, the adjacent workstation has been deteriorating over time, including the
associated electrical and plumbing. This Substantial Amendment revises the program
description to include rehabilitating the damaged sewer line in the vehicle bay area; replacing a
portion of concrete in the vehicle bay area; and replacing the adjacent workstation, including
the plumbing and electrical. To ensure sufficient funds are available to complete the project,
City staff proposes allocating an additional $20,000 in project savings.
Housing Urban Bakersfield — Downpayment Assistance Program
In FY 2014 -15, the City Council approved $250,000 in HOME Investment Partnerships
(HOME) funds for the Housing Urban Bakersfield — Downpayment Assistance Program. Due to
the success of the program, City staff has expended these funds on downpayment assistance
in the former redevelopment project areas, Creekview Villas, and Parkview Cottages. This
Substantial Amendment transfers $250,000 in HOME funds from the New Construction
Assistance Program to the Downpayment Assistance Program to cover the projected need for
downpayment assistance at Creekview Villas and Parkview Cottages. Please note that $1.7
million remains available for unobligated new affordable housing construction activities.
Dr. Martin Luther King Jr. (MLK) Park and Community Center Lighting Improvement
Project
In FY 2014 -15, the highest rated CDBG application by City staff that did not receive funding
was the MLK Park and Community Center Lighting Improvement Project. This park is severely
under lit, which causes safety concerns for residents during the evenings. Also, the existing
lighting uses more electricity while producing inadequate illumination compared to newer
technologies. This Substantial Amendment reprograms $130,000 in project savings to the MLK
Park and Community Center Lighting Improvement Project. The project includes replacing
some of the existing exterior lighting with new LED fixtures and associated electrical
improvements. City staff anticipates the project will increase public safety at the park and
reduce energy costs and consumption.
CDBG Operating Budget Appropriation
Also, City staff recommends the appropriation of $2,685 to the CDBG Operating Budget. This
is to account for differences between projected and actual grant amounts.
Attached you will find a summary of the proposed Substantial Amendments. A 30 -day public
hearing notice was published on July 31, 2015. No comments have been received to date.
ATTACHMENTS:
Description Type
D Summary of Action Plan Amendment C:3aCli Ua p 11M: teirli ill
912115 CC A EN A PACKET PAGE 391
SUMMARY OF PROPOSED ACTION PLAN AMENDMENTS
AMENDMENT NO. 12 FY 10111 ACTION PLAN FOR NSP—B-10-MC-06-0610
CREATE
Program
NSP Housing Acquisition and
Preservation Direct Homeownership
Assistance (DPA) up to $50,000 to
persons whose incomes do not
exceed 120% of Area Median Income
for properties that have been vacant,
abandoned or foreclosed
Eligibility Original Budget
B $0
Acquisition
and
Rehabilitation
Proposed Action Amended Budget
+$141,352* $141,352
AMENDMENT NO. 4 FY 11112 ACTION PLAN FOR CDBG — B- 11 -MC -06 -0610
INCREASE CDBG FUNDS AND CHANGE SCOPE
Fire Station 1 Improvements [Paint 030 $120,000 +$20,000 ** $140,000
and window replacement at] Fire Stations/
Rehabilitation of Fire Station 1, at Equipment
2101 `H' Street ^ 570.201(c)
AMENDMENT NO. 6 FY 14116 ACTION PLAN FOR CDBG/ HOME — B- 14 -MC -06 -0610 M -14 -06 -0603
INCREASE HOME FUNDS
Housina Urban Bakersfield —
Downoavment Assistance 0% loans
up to $50,000 for downpayment &
closing costs assistance to help low -
income buyers purchase a home in
Downtown, Southeast Bakersfield,
and Old -Town Kern Project Areas
DECREASE HOME FUNDS
New Construction Assistance
Housing development costs
associated with the acquisition and /or
construction of affordable housing
CREATE CDBG PROJECT
Dr. Martin Luther Kina Jr. Park and
Communitv Center Liahtina
Improvements Lighting
improvements at Dr. Martin Luther
King Jr. Park and Community Center
to promote energy efficiency and
public safety
13
Direct Home
Ownership
Assistance
92.205(a)
12
Construction
of Housing
92.205(a)
03F
Parks,
Recreational
Facilities
92.205(a)
$250,000
$536,644
$0
*$141,352 NSP funds available through program income
** $150,000 CDBG funds available from project savings
Bracketed text proposed to be deleted, italics proposed to be added
+$250,000
- $250,000
+$130,000
$500,000
$286,644
$130,000
912115 CC A EN A PACKET PAGE 392
enaif
MEETING DATE: 9/2/2015 New Business 13. a.
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
DATE: 7/10/2015
VI %1 N 13
SUBJECT: League of California Cities Annual Conference appointment of voting
delegate(s) and City Position on Conference Resolution(s).
STAFF RECOMMENDATION:
Staff recommends Council appoint a voting delegate and alternate delegate(s) and adopt staff
recommended positions on the League proposed resolutions.
BACKGROUND:
The League of California Cities Annual Conference is scheduled for September 30th - October
2nd, 2015 in San Jose. The annual business meeting, during which proposed League
resolutions will be considered, is scheduled for 12:00 p.m. on Friday, October 2nd, at the San
Jose Convention Center.
Currently, there are four (4) Councilmembers scheduled to attend the League Annual
Conference, including Councilmembers Weir, Sullivan, Smith and Rivera. The League
requires the Council to appoint one (1) of its members as the City's voting delegate and up to
two (2) alternate voting delegates.
In addition, the League has provided information on four (4) proposed resolutions that will be
considered during the annual business meeting. A brief summary of the proposed resolutions
along with a staff recommended position for each is provided below. Additional information
regarding the designation of a voting delegate and the annual resolutions packet of information
is attached to this administrative report.
Resolution #1 - Resolution relating to League bylaws amendments regarding succession of
League offices to fill vacancies.
Summary: This resolution seeks to streamline the process when filling a vacancy for the office
of President of the Board of Directors. It would allow for the League bylaws to be amended,
allowing the Immediate Past President to fill an unexpected vacancy in the office of President
for the remainder of the vacating President's term. Changes to League bylaws require a
2 /3rds vote of the General Assembly.
Staff Recommendation: Support
912115 CC AGENDA PACKET PAGE 393
Resolution #2 - Resolution of the League of California Cites calling for legislation to preserve
therapeutic environments for group homes and avoid impacts of overconcentration of alcohol
and drug abuse recovery and treatment facilities in residential neighborhoods.
Summary: This resolution calls for the Governor and the Legislature to work with the League
and other stakeholders to explore options to address overconcentration of alcohol and drug
abuse recovery and treatment facilities in residential neighborhoods while respecting important
legal rights of patients and legal obligations of public entities, avoid the creation of institutional
settings when multiple facilities are concentrated in a single location, and determine the
appropriate balance between not - for - profit (including county) facilities and for - profit facilities in
residential neighborhoods.
Staff Recommendation: Support
Resolution #3 - Resolution of the League of California Cities supporting SB 593 (McGuire)
and continued local flexibility for cities as they address neighborhood and fiscal impacts of
temporary rentals of residential units.
Summary: This resolution seeks to highlight and increase support for SB 593 (McGuire),
which is pending in the Legislature. SB 593, titled the Thriving Communities and Sharing
Economy Act, seeks to bolster local efforts to regulate and collect transient occupancy taxes
from the temporary rental of residential houses, condominiums, and apartments for tourists
and transient use. The League is currently in support of this legislation.
Staff Recommendation: Neutral
Resolution #4 - Resolution calling upon the Governor and the Legislature to work with the
League of California Cities to enact legislation or to otherwise compel Southern California
Edison to create a program to automatically provide direct compensation to its customers
affected by prolonged electrical power outages under specified circumstances.
Summary: The proposed resolution calls upon the Governor and Legislature to enact
legislation (or take other action) that will provide rebates in flat amounts to SCE customers for
extended power outages under specified conditions.
Staff Recommendation: Neutral
ATTACHMENTS:
Description
Designation of Voting Delegate Information
Annual Conference Resolutions Packet
Type
C:3aCIl Ua p 11Matcwirl4 l
C:3aCIl Ua p 11Mateid4l
912115 CC A EN A PACKET PAGE 394
f
OF CA1,1FORNI
%% r/ LEAGU
May 29, 2015
1400 K Street, Suite 400 • Sacramento, California 95814
Phone: 916.658.8200 Fax: 916.658.8240
www.cacities.org
Council Action Advised by July 31, 2015
TO: Mayors, City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference — September 30 — October 2, San Jose
The League's 2015Annual Conference is scheduled for September 30 — October 2 in San Jose. An
important part of the Annual Conference is the Annual Business Meeting (at the General
Assembly), scheduled for noon on Friday, October 2, at the San Jose Convention Center. At this
meeting, the League membership considers and takes action on resolutions that establish League
policy.
In order to vote at the Annual Business Meeting, your city council must designate a voting
delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote
in the event that the designated voting delegate is unable to serve in that capacity.
Please complete the attached Voting Delegate form and return it to the League's office
no later than Friday, September 1.8, 2015. This will allow us time to establish voting
delegate /alternate records prior to the conference.
Please note the following procedures that are intended to ensure the integrity of the voting
process at the Annual Business Meeting.
Action by Council Required. Consistent with League bylaws, a city's voting delegate
and up to two alternates must be designated by the city council. When completing the
attached Voting Delegate form, please attach either a copy of the council resolution that
reflects the council action taken or have your city clerk or mayor sign the form affirming
that the names provided are those selected by the city council. Please note that
designating the voting delegate and alternates must be done by city council action and
cannot be accomplished by individual action of the mayor or city manager alone.
Conference Registration Required. The voting delegate and alternates must be
registered to attend the conference. They need not register for the entire conference; they
may register for Friday only. To register for the conference, please go to our website:
www.cacities.org. In order to cast a vote, at least one voter must be present at the
-over-
912115 CC AGENDA PACKET PAGE 39.E
Business Meeting and in possession of the voting delegate card. Voting delegates and
alternates need to pick up their conference badges before signing in and picking up
the voting delegate card at the Voting Delegate Desk. This will enable them to receive
the special sticker on their name badges that will admit them into the voting area during
the Business Meeting.
Transferring Voting Card to Non - Designated Individuals Not Allowed. The voting
delegate card may be transferred freely between the voting delegate and alternates, but
only between the voting delegate and alternates. If the voting delegate and alternates find
themselves unable to attend the Business Meeting, they may not transfer the voting card
to another city official.
Seating Protocol during General Assembly. At the Business Meeting, individuals with
the voting card will sit in a separate area. Admission to this area will be limited to those
individuals with a special sticker on their name badge identifying them as a voting delegate
or alternate. If the voting delegate and alternates wish to sit together, they must sign in at
the Voting Delegate Desk and obtain the special sticker on their badges.
The Voting Delegate Desk, located in the conference registration area of the San Jose Convention
Center, will be open at the following times: Wednesday, September 30, 8:00 a.m. — 6:00 p.m.;
Thursday, October 1, 7:00 a.m. — 4:00 p.m.; and Friday, October 2, 7:30 -10:00 a.m. The Voting
Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll
calls and voting.
The voting procedures that will be used at the conference are attached to this memo. Please
share these procedures and this memo with your council and especially with the individuals that
your council designates as your city's voting delegate and alternates.
Once again, thank you for completing the voting delegate and alternate form and returning it to
the League office by Friday, September 18. If you have questions, please call Kayla Gibson at
(916) 658 -8247.
Attachments:
• 2015 Annual Conference Voting Procedures
• Voting Delegate /Alternate Form
912115 CC AGENDA PACKET PAGE 396
Annual Conference Voting Procedures
2015 Annual Conference
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to
League policy.
2. Designating a City Voting Representative. Prior to the Annual Conference, each city
council may designate a voting delegate and up to two alternates; these individuals are
identified on the Voting Delegate Form provided to the League Credentials Committee.
Registering with the Credentials Conunittee. The voting delegate, or alternates, may
pick up the city's voting card at the Voting Delegate Desk in the conference registration
area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they
will receive a special sticker on their name badge and thus be admitted to the voting area at
the Business Meeting.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates
(or alternates), and who have picked up their city's voting card by providing a signature to
the Credentials Com rnittee at the Voting Delegate Desk, may sign petitions to initiate a
resolution.
Voting. To cast the city's vote, a city official must have in his or her possession the city's
voting card and be registered with the Credentials Committee. The voting card may be
transferred freely between the voting delegate and alternates, but may not be transferred to
another city official who is neither a voting delegate or alternate.
6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card
will sit in a designated area. Admission will be limited to those individuals with a special
sticker on their name badge identifying them as a voting delegate or alternate.
7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the
validity of signatures on petitioned resolutions and the right of a city official to vote at the
Business Meeting.
912115 CC A EN A PACKET PAGE 397
LEAGUE
OF
CITIES
CITY:
2015 ANNUAL CONFERENCE
VOTING DELEGATE /ALTERNATE FORM
Please complete this form and return it to the League office by Friday, September 18, 2015.
Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in
the Annual Conference Registration Area. Your city council may designate one voting
delegate and up to two alternates.
In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must
be designated by your city council. Please attach the council resolution as proof of designation. As an
alternative, the Mayor or City Clerk may sign this form, affirining that the designation reflects the action
taken by the council.
Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business
Meeting. Admission to this designated area will be limited to individuals (voting delegates and
alternates) who are identified with a special sticker on their conference badge. This sticker can be
obtained only at the Voting Delegate Desk.
1. VOTING DELEGATE
Name:
Title:
2. VOTING DELEGATE - ALTERNATE
Name:
Title:
3. VOTING DELEGATE - ALTERNATE
Name:
Title:
PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE
AND ALTERNATES.
OR
ATTEST: I affirm that the information provided reflects action by the city council to
designate the voting delegate and alternate(s).
Name:
Mayor or City Clerk
(circle one)
Date:
(signature)
E -mail
Phone:
Please complete and return by Friday, September 18, 2015
League of California Cities FAX: (916) 658 -8240
ATTN: Kayla Gibson E -mail: kgibson @cacities.org
1400 K Street, 4th Floor (916) 658 -8247
Sacramento, CA 95814
912115 CC AGENDA PACKET PAGE 398
t..4,E AG U'E"
."'E S
Annual Conference
Resolutions Packet
2015 Annual Conference Resolutions
San Jose
September 30 — October 2
912115 CC A EN A PACKET PAGE 399
INFORMATION AND PROCEDURES
RESOLUTIONS CONTAINED IN THIS PACKET: The League bylaws provide that resolutions shall
be referred by the president to an appropriate policy committee for review and recommendation.
Resolutions with committee recommendations shall then be considered by the General Resolutions
Committee at the Annual Conference.
This year, four resolutions have been introduced for consideration by the Annual Conference and referred to
the League policy committees.
POLICY COMMITTEES: Four policy committees will meet at the Annual Conference to consider and take
action on the resolution referred to them. The committees are Administrative Services; Environmental Quality;
Housing, Community and Economic Development; and Revenue and Taxation. These committees will meet on
Wednesday, September 30, 2015, at the Hilton San Jose. The sponsors of the resolutions have been notified of
the time and location of the meetings.
GENERAL RESOLUTIONS COMMITTEE: This committee will meet at 1:00 p.m. on Thursday, October 1,
at the San Jose Convention Center, to consider the reports of the four policy committees regarding the
resolutions. This committee includes one representative from each of the League's regional divisions, functional
departments and standing policy committees, as well as other individuals appointed by the League president.
Please check in at the registration desk for room location.
ANNUAL LUNCHEON /BUSINESS MEETING /GENERAL ASSEMBLY: This meeting will be held at
12:00 p.m. on Friday, October 2, at the San Jose Convention Center.
PETITIONED RESOLUTIONS: For those issues that develop after the normal 60 -day deadline, a
resolution may be introduced at the Annual Conference with a petition signed by designated voting
delegates of 10 percent of all member cities (47 valid signatures required) and presented to the Voting
Delegates Desk at least 24 hours prior to the time set for convening the Annual Business Meeting of the
General Assembly. This year, that deadline is 12:00 p.m., Thursday, October 1. Resolutions can be viewed
on the League's Web site: www.cacities.org/resolutions.
Any questions concerning the resolutions procedures may be directed to Meg Desmond at the League
office: mdesmondkcacities.org or (916) 658 -8224
912115 CC AGENDA PACKET PAGE 400
GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS
Policy development is a vital and ongoing process within the League. The principal means for deciding policy
on the important issues facing cities is through the League's eight standing policy committees and the board of
directors. The process allows for timely consideration of issues in a changing environment and assures city
officials the opportunity to both initiate and influence policy decisions.
Annual conference resolutions constitute an additional way to develop League policy. Resolutions should
adhere to the following criteria.
Guidelines for Annual Conference Resolutions
Only issues that have a direct bearing on municipal affairs should be considered or adopted at the
Annual Conference.
2. The issue is not of a purely local or regional concern.
The recommended policy should not simply restate existing League policy.
4. The resolution should be directed at achieving one of the following objectives:
(a) Focus public or media attention on an issue of major importance to cities.
(b) Establish a new direction for League policy by establishing general principals around which
more detailed policies may be developed by policy committees and the board of directors.
(c) Consider important issues not adequately addressed by the policy committees and board of
directors.
(d) Amend the League bylaws (requires 2/3 vote at General Assembly).
2
912115 CC A GENDA PA CKET PA GE 4 01
LOCATION OF MEETINGS
Policy Committee Meetings
Wednesday, September 30
Hilton San Jose
300 Almaden Boulevard, San Jose
9:00 a.m. — 10:30 a.m.: Environmental Quality
Housing, Community & Economic Development
10:30 a.m. — Noon: Administrative Services
Revenue and Taxation
General Resolutions Committee
Thursday, October 1, 1:00 p.m.
San Jose Convention Center
150 West San Carlos Street, San Jose
Annual Business Meeting and General Assembly Luncheon
Friday, October 2, 12:00 p.m.
San Jose Convention Center
150 West San Carlos Street, San Jose
3
912115 CC ACEN A PACKET FACE 402
KEY TO ACTIONS TAKEN ON RESOLUTIONS
Resolutions have been grouped by policy committees to which they have been assigned.
Number Kev Word Index Reviewing Bodv Action
1 - Policy Committee Recommendation
to General Resolutions Committee
2 - General Resolutions Committee
3 - General Assembly
ADMINISTRATIVE SERVICES POLICY COMMITTEE
1 2 3
1 I League Bylaw Amendment
ENVIRONMENTAL QUALITY POLICY COMMITTEE
1 2 3
4 Compensation for Prolonged Electrical Power Outages
HOUSING, COMMUNITY & ECONOMIC DEVELOPMENT POLICY COMMITTEE
1 2 3
2 Overconcentration of Alcohol & Drug Treatment Facilities
3 Residential Rentals, Support for SB 593 (McGuire)
REVENUE AND TAXATION POLICY COMMITTEE
1 2 3
3 Residential Rentals, Support for SB 593 (McGuire)
Information pertaining to the Annual Conference Resolutions will also be posted on each committee's page on
the League website: www.cacities.org. The entire Resolutions Packet will be posted at:
www.cacities.om/resolutions.
4
912115 CC A GENDA PACKET PA GE 403
KEY TO ACTIONS TAKEN ON RESOLUTIONS (Continued)
Resolutions have been grouped by policy committees to which they have been assigned.
KEY TO REVIEWING BODIES
1. Policy Committee
2. General Resolutions Committee
3. General Assembly
ACTION FOOTNOTES
* Subject matter covered in another resolution
** Existing League policy
* ** Local authority presently exists
KEY TO ACTIONS TAKEN
A Approve
D Disapprove
N No Action
R Refer to appropriate policy committee for
study
a Amend+
Aa Approve as amended+
Aaa Approve with additional amendment(s)+
Ra Refer as amended to appropriate policy
committee for study+
Raa Additional amendments and refer+
Da Amend (for clarity or brevity) and
Disapprove+
Na Amend (for clarity or brevity) and take No
Action+
W Withdrawn by Sponsor
Procedural Note:
The League of California Cities resolution process at the Annual Conference is guided by the League Bylaws.
A helpful explanation of this process can be found on the League's website by clicking on this link: Resolution
Process.
5
912115 CC A GENDA PACKET PA GE 404
2015 ANNUAL CONFERENCE RESOLUTIONS
RESOLUTION REFERRED TO ADMINISTRATIVE SERVICES POLICY COMMITTEE
L RESOLUTION RELATING TO LEAGUE BYLAWS AMENDMENTS REGARDING
SUCCESSION OF LEAGUE OFFICES TO FILL VACANCIES
Source: League Board of Directors
Referred to: Administrative Services Policy Committee
Recommendation to General Resolutions Committee:
WHEREAS, the League of California Cities® is a nonprofit mutual benefit corporation under
California law and, as such, is governed by corporate bylaws; and
WHEREAS, the League's Board of Directors periodically reviews the League's bylaws for
issues of clarity, practicality, compliance with current laws, and responsiveness to membership interests;
and
WHEREAS, on two occasions in recent years when vacancies arose in office of President of the
Board of Directors after disappointing reelection results, the vacancy was filled in accordance with the
League Bylaws by the First Vice President becoming President at the next Board meeting. This left a
vacancy in the office of First Vice President that was filled by the Board by advancing the Second Vice
President. This required recruiting a new Second Vice President that the Board chose, as provided in the
Bylaws, from the ranks of the Board itself, and
WHEREAS, in September 2014 the Board chose a new Second Vice President as usual and also
a new First Vice President who had not previously served as Second Vice President because the prior
Second Vice President was elected to county office and was no longer eligible. When the President was
not reelected in November 2014, the First Vice President advanced to the office of President with only
two months of experience as a League officer. Additionally, the Second Vice President was advanced to
First Vice President; and
WHEREAS, the Board of Directors believe this confluence of events twice in recent years
demonstrates a weakness in the succession of League offices required by the League Bylaws because the
accelerated advancement of officers in the event of a vacancy in the office of President may deprive the
junior officers and the League of adequate time to serve and develop expertise and relationships in the
offices of Second and First Vice President; and
WHEREAS, it is the unanimous recommendation of the League Board that the League
membership amend article VIII, section 4, of the League bylaws to allow the Immediate Past President to
fill an unexpected vacancy in the office of President for the unexpired term if the Immediate Past
President agrees. If not, the current succession process would occur; and now, therefore, be it,
RESOLVED, by the General Assembly of the League of California Cities assembled in Annual
Conference in San Jose, October 2, 2015, that article VIII, section 4 of the League bylaws be amended to
read as follows:
6
912115 CC A GENDA PACKET PA GE 405
Article VIII: Officers
Section l: Identity.
The officers of the League are a President, a First Vice - President, a Second Vice- President/Treasurer, an
Immediate Past President, and an Executive Director.
Section 2: Duties of League Officers.
(a) President. The President presides at all League Board meetings and all General Assemblies.
The President has such other powers and duties as may be prescribed by these bylaws or the
League Board.
(b) First Vice - President. The First Vice - President carries on the duties of the President in the
President's temporary absence or incapacity. The First Vice - President has such other powers
and duties as may be prescribed by these bylaws or the League Board.
(c) Second Vice- President/Treasurer. The Second Vice- President/Treasurer carries on the
duties of the President in the President's and First Vice - President's temporary absence or
incapacity. The Second Vice- President/Treasurer has such other powers and duties as may be
prescribed by these bylaws or the League Board.
Section 3: Election.
The League Board elects the League's President, First Vice - President and Second Vice - President for
terms of one year. The election occurs at the League Board's meeting at the Annual Conference.
Section 4: Vacancies.
A vacancy in the office of President is filled at the n &4 meeting of the T eape Beafd by the Immediate
Past President who shall serve for the unexpired term of office and, upon election of a new President at
the next Annual Conference, shall subsequently serve a full term as Immediate Past President. In the
event the Immediate Past President is not available to fill the vacancy in the offlice of the President, or
declines in writing, it shall be filled by the succession of the First Vice - President to that office. A vacancy
in the office of First Vice - President, or Second Vice- President/Treasurer, is filled for the un- expired term
by appointment by the League Board of a member of the League Board. A vacancy in the office of the
Immediate Past President is filled for the un- expired term by the last Past President continuing to hold a
city office.
Background Information on Resolution No. 1
Source: League Board of Directors
Background:
In 2010 and again recently in 2014 the city official elected League President at the Annual Conference in
September was not returned to office by the voters of their city. This development triggered a series of
steps laid out in the order of succession in the League Bylaws that mandates that the First Vice President
advance to the office of President at the next Board meeting and that the Board fill the vacancy in the
office of First Vice President for the remainder of the term.
7
912115 CC A EN A PACKET PAGE 406
When the Board filled the League offices in September 2014, the Second Vice President could not
advance to First Vice President since she had been elected to the office of county supervisor and was
ineligible to serve. Consequently the Board selected two directors to fill both the offices of First Vice
President and Second Vice President. Neither had previously served as a League officer.
When the vacancy in the office of President occurred after the November general election, the First Vice
President advanced to the office of President after having served only two months as a League officer in
contrast to the normal advancement process of twenty -four months. The Second Vice President was
advanced to the office of First Vice President after having served only two months as a League officer.
The Board also chose a new Second Vice President.
At the February, 2015 meeting of the League Board of Directors, the Executive Committee recommended
unanimously an amendment to the order of succession in Art. VIII, Sec. 4 of the League Bylaws. The
proposed amendment would allow the most experienced member of the Executive Committee, the
Immediate Past President, to fill out the remainder of the term of office of a President who leaves the
office before its term is completed if the Immediate Past President is willing and able to do so. This
arrangement would allow the First Vice President to continue serving and to advance to the office of
President on the schedule envisioned by the League Bylaws. If the Immediate Past President were unable
or unwilling to serve, the existing order of succession would occur.
League of California Cities Staff Analysis on Resolution No. l
Staff: Alicia Lewis
Committee: Administrative Services Policy Committee
Summary:
This resolution seeks to streamline the succession process when filling a vacancy for the office of
President of the Board of Directors. It would allow for the League bylaws to be amended, allowing the
Immediate Past President to fill an unexpected vacancy in the office of President for the remainder of the
vacating President's term. Changes to League bylaws require a 2/3 vote of the General Assembly.
Background:
The past few years have yielded several occasions where the succession line for Board of Directors
leadership was disrupted due to disappointing election results and officers taking office outside of city
government.
In September 2014 the Board chose a new First and Second Vice President. The First Vice President had
not previously served as Second Vice President because the prior member was elected to county office
and therefore no longer eligible. When the President was not reelected in the November 2014, the First
Vice President advanced to the office of President with only two months of experience as a League
officer. Additionally, the Second Vice President was advanced to First Vice President. This transition far
outpaced the normal process for advancing as an officer on the Board of Directors.
Fiscal Impact:
This impact of this resolution would have no fiscal impact.
Comments:
The nature of this resolution is to ensure that there is a smooth succession process in place and that
current Vice - Presidents (First and Second) have ample time to prepare for their role as President. By
8
912115 CC A EN A PACKET PAGE 407
allowing the Immediate Past President to finish out the term of a vacated presidency the Board would
ensure there is minimal disruption to the workflow and goals of the association.
RESOLUTION REFERRED TO HOUSING, COMMUNITY & ECONOMIC DEVELOPMENT
POLICY COMMITTEE
2. A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES CALLING FOR
LEGISLATION TO PRESERVE THERAPEUTIC ENVIRONMENTS FOR GROUP HOMES
AND AVOID IMPACTS OF OVERCONCENTRATION OF ALCOHOL AND DRUG ABUSE
RECOVERY AND TREATMENT FACILITIES IN RESIDENTIAL NEIGHBORHOODS
Source: City of Malibu
Concurrence of five or more cities /city officials: Cities: Artesia; Duarte; La Canada Flintridge;
Lakewood; Lomita; and Pico Rivera. City Officials: Los Angeles Council Member Mitchell Englander
Referred to: Housing, Community and Economic Development Policy Committee
Recommendation to General Resolutions Committee:
WHEREAS, residential group home facilities provide valuable rehabilitation and support services
for those who live in them, which benefits the greater society; and
WHEREAS, state departments license these facilities through several state agencies, and operators
are required to meet various state statutory requirements; and
WHEREAS, in addition to residents, these facilities often include live -in managers and other staff,
who provide a variety of services to residents which may include meals, workshops, training, counseling
and other services. These uses and services may also require frequent deliveries to be made to the
facility, shuttle van service provided to residents, and additional automobile traffic due to shift changes,
visiting hours, and other activities. Collectively, these uses often generate more noise and activity than
expected from a traditional single - family home; and
WHEREAS, the overconcentration of residential group homes changes the character of
neighborhoods as they become centers for the delivery of various services. This environment not only
creates a disruption to long -time residents, it can also diminish the quality of the residential treatment
experience for group home residents as the neighborhood assumes a more institutional setting; and
WHEREAS, the State and local governments operate in partnership regarding the location of these
residential care facilities in residential neighborhoods in order to carry out the policy of the State to
prevent overconcentration of such facilities in these neighborhoods; and
WHEREAS, the state has adopted a 300 foot separation requirement between facilities licensed by
the Department of Social Services,' but these siting standards have not been extended to apply to
facilities licensed by other state agencies such as the Department of Health Care Services or other
licensed or unlicensed facilities; and
WHEREAS, it is the policy of the State that each county and city permit and encourage
development of sufficient numbers and types of alcoholism or drug abuse recovery or treatment facilities
as are commensurate with local need; and
1 Health & Safety Code Section 1520.5
Z Health & Safety Code Section 11834.20
9
912115 CC A GENDA PACKET PA GE 4 08
WHEREAS, the California Fair Employment and Housing Act includes legal protection against
discrimination against persons with disabilities through zoning laws, denials of use permits, and other
actions authorized under the Planning and Zoning Law;' and
WHEREAS, the Americans with Disabilities Act requires public entities to make reasonable
accommodations in policies, practices, or procedures to avoid discrimination on the basis of a disability;4
and
WHEREAS, there is no provision in State law that allows for the consideration of the impact of
alcoholism or drug abuse recovery or treatment facilities on single - family neighborhoods or the
overconcentration of these facilities as there is for residential group home facilities; and
WHEREAS, many community concerns could be addressed if State agencies communicated and
collaborated more with local governments; and
WHEREAS, the League of California Cities is committed to working in partnership with the
Legislature and Administration to address overconcentration of alcohol and drug abuse recovery and
treatment facilities in residential neighborhoods while respecting important legal rights of patients and
legal obligations established by State and federal law.
RESOLVED, at the League of California Cities General Assembly, assembled at the League
Annual Conference on October 2, 2015 in San Jose, that the League calls for the Governor and the
Legislature to work with the League and other stakeholders to address the following issues:
Explore options to address overconcentration of alcohol and drug abuse recovery and treatment
facilities in residential neighborhoods while respecting important legal rights of patients and legal
obligations of public entities.
Avoid the creation of institutional settings when multiple facilities are concentrated in a single
location, while also reducing noise, congestion and other concerns often raised by residents in
residential neighborhoods.
Determine the appropriate balance between not - for - profit (including county) facilities and for - profit
facilities in residential neighborhoods.
Background Information on Resolution No. 2
Source: City of Malibu
Background:
State law preempts local zoning regulation for licensed drug and alcohol treatment facilities. State and
federal anti- discrimination laws require cities to treat facilities that function as single housekeeping units
the same as any other "family." In many areas of the state, these facilities are impacting residential
neighborhoods because their concentration in certain neighborhoods tends to change the character of the
area from a residential neighborhood to more like a hospital and institutional zone in terms of the land use
impacts.
In order to avoid overconcentration in residential neighborhoods, most state - licensed group homes are
required by state law to meet certain distancing requirements from other licensed group homes. Alcohol
3 Government Code 12955(1)
4 42 U.S.C. Section 12134
10
912115 CC A EN A PACKET PAGE 409
and drug programs are treated differently under state law in this respect and no distancing requirements
apply. In fact, the state licensing agency does not impose any restrictions on the number of facilities in the
vicinity of one another and have been allowing licensees to obtain two licenses on one lot and to operate
integrated multi- structure facilities under the guise of multiple single - family residential
licenses. Similarly, state law currently requires private foster family agencies operating in residential
zones to be organized and operated on a nonprofit basis, while drug and alcohol programs and sober living
homes are permitted to operate as a for - profit business in residential zones. The addiction recovery
industry has become big business. There are now thousands of treatment facilities and sober living homes
in California and the number is rapidly increasing.
State policy sought integration of group homes into residential neighborhoods, not disintegration of the
residential character of the neighborhoods. A course correction is required to advance state
policy. Through zoning authority, cities can preserve the very neighborhoods that the community -care
model depends on to provide the therapeutic environment of a residential neighborhood. Distancing
requirements both respond to the biggest concern of local government (over concentration that impairs
neighborhood character) and advances state policy. In addition, limiting the zoning preemption to non-
profit programs will also assist in preserving the integrity of residential neighborhoods.
League of California Cities Staff Analysis on Resolution No. 2
Staff: Dan Carrigg
Committee: Housing, Community and Economic Development
Summary:
This Resolution calls for the Governor and the Legislature to work with the League and other
stakeholders to explore options to address overconcentration of alcohol and drug abuse recovery and
treatment facilities in residential neighborhoods while respecting important legal rights of patients and
legal obligations of public entities, avoid the creation of institutional settings when multiple facilities are
concentrated in a single location, and determine the appropriate balance between not - for - profit (including
county) facilities and for - profit facilities in residential neighborhoods.
Background:
The City of Malibu is sponsoring this resolution as a way of highlighting an issue that continues to create
zoning and land use problems in single - family neighborhoods. While this is not a new issue for the
League and its cities, and the League has existing policy in this area, the sponsors view the passage of this
resolution as helpful in restarting conversations with the Legislature and the Governor's Administration
that can hopefully lead to productive solutions.
HCED Committee member and Malibu Council Member Lou La Monte raised this issue at the
Committee's June meeting, where he presented a resolution that had recently been adopted by the
California Contract Cities Association on May 15. The Committee encouraged him to work with League
staff in his effort to draft a measure to be presented at the League's annual conference. League staff
worked with Mr. La Monte in this regard, mostly in helping ensure that the various "whereas clauses"
appropriately reflect the important legal rights of patients and obligations of public entities that
Legislators will expect to be balanced in any solutions to local land use issues.
Resolved Clauses from Recent CCCA Resolution:
NOW THEREFORE, the Members of the California Contract Cities Association hereby re- affirms its
commitment to cooperation among units of government that serve the people of California and urges the
11
912115 CC AGENDA PACKET PAGE 410
California state legislature to enact legislation that empowers local government to preserve the
residential character of neighborhoods necessary to effect state policy regarding group homes as follows:
1. Amend the state law to provide the same distancing and notice requirements for ADP facilities as
it does for Community Care Act facilities;
2. Enact legislation providing standards that prevent overconcentration of unlicensed sober living
homes to maintain residential character of neighborhoods which has therapeutic benefit for the
occupants; and
3. Restrict the zoning preemption for licensed ADP facilities to those owned and operated by non-
profit organizations.
Fiscal Impact:
Minor, if any.
Comment:
1) The League has significant existing policy in this area. In the past the League has had internal
task forces and sponsored and supported various legislative proposals.
2) Making significant progress in this area has been difficult in the Capitol. Federal and state fair
housing and anti - discrimination laws and various court decisions have bearing on local authority
in this area. Patient advocacy groups and sympathetic legislators have been suspicious of any
solutions that they see as limiting patient access. Thus, any effort to develop solutions to address
local land use concerns must also remain sensitive to these issues and the perspective of
legislators that sit on committees with jurisdiction in these areas.
Existing League Policy:
Related to this Resolution, existing policy provides:
• The League supports permitting cities to exercise review and land use regulation of group home
facilities and residential care facilities in residential neighborhoods including the application of
zoning, building and safety standards. State and county licensing agencies should be required to
confer with the city's planning agency in determining whether to grant a license to a community
care facility. The League recognizes that better review and regulation of residential care facilities
will protect both the community surrounding a facility and the residents within a facility from a
poorly managed facility or the absence of state oversight.
• The League supports state legislation to require a minimum distance of 300 feet between all new
and existing residential care facilities. The League supports notification of cities about
conditional release participants residing in group homes.
RESOLUTION REFERRED TO HOUSING, COMMUNITY & ECONOMIC DEVELOPMENT
AND REVENUE & TAXATION POLICY COMMITTEES
3. A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING SB 593
(MCGUIRE) AND CONTINUED LOCAL FLEXIBILITY FOR CITIES AS THEY ADDRESS
NEIGHBORHOOD AND FISCAL IMPACTS OF TEMPORARY RENTALS OF
RESIDENTIAL UNITS
Source: City of West Hollywood
Concurrence of five or more cities /city officials: Cities of Healdsburg, Mammoth Lakes, Napa,
Piedmont, Santa Cruz, Santa Monica, Sonoma
Referred to: Housing, Community & Economic Development; Revenue & Taxation Policy Committees
Recommendation to General Resolutions Committee:
12
912115 CC A EN A PACKET PAGE 411
WHEREAS, the temporary rental of residential houses, condominiums, rooms, and apartments
for tourist or transient use is a developing part of the sharing economy; and
WHEREAS, while these rentals provide additional options to the traveling public, and income to
affected property owners or tenants, it is also important that such rentals comply with local laws,
regulations and ordinances; and
WHEREAS, the temporary rental of residential houses, condominiums, rooms, and apartments
for tourist or transient use can present numerous challenges to neighborhoods and adjacent property
owners and create additional noise, traffic, parking, privacy and public safety issues, subvert local rent -
control laws, decrease available housing stock and in some cases turn residential neighborhoods into de-
facto hotel rows; and
WHEREAS, where temporary rental of residential units for tourist or transient use is allowed in
conformance with local laws, regulations and ordinances, the applicable transient occupancy tax (TOT)
should also be collected. The temporary rental of residential units for tourist or transient use is in direct
competition with hotels, motels and other accommodations where guests pay the local TOT, so all such
uses should be subject to the same tax. The revenues generated support local streets, roads, fire, police,
lifeguards, trash pick -up, park maintenance and other local public services which directly affect local
quality of life and the attraction of the community for a visitor; and
WHEREAS, the Thriving Communities and Sharing Economy Act, introduced as SB 593 by
Senator Mike McGuire (D -2, Healdsburg), prohibits the operators of transient residential hosting
platforms from advertising residential units for tourist or transient use if such use will violate any
ordinance, regulation, or law within the applicable city or county that opts into its provisions, and requires
the confidential quarterly reporting to the city or county of the following information (if the City or
County adopts an ordinance requiring the reporting of the data):
1. The address of each residential unit that was occupied for tourist or transient use during the
quarterly period.
2. The total number of nights the residential unit was occupied for tourist or transient use.
3. The amounts paid for the occupancy of the residential unit for tourist or transient use.
WHEREAS, the provisions of SB 593 bolster existing local authority to enforce local ordinances
and collect revenue associated with the temporary rental of residential units by allowing local agencies
access to the data necessary to enforce their ordinances and requiring short-term rental hosting platforms
to collect local TOT and remit it to the appropriate jurisdiction if short-term rentals are allowed in that
jurisdiction; and
WHEREAS, the provisions of SB 593 provide a helpful regulatory framework that cities and
counties may choose in lieu of exercising their existing authority; and
WHEREAS, the League of California Cities supports SB 593 because it recognizes and
preserves local flexibility to address the temporary rental of residential units in the manner that best fits
with the unique issues and conditions found in each local jurisdiction; and
WHEREAS, SB 593 provides local jurisdictions with the data and framework necessary to
collect TOT revenues from short-term rentals, to pay for vital local services; and
WHEREAS, SB 593 provides local jurisdictions with the data and framework necessary to
enforce local regulations designed to ensure the safety of the public and residents living adjacent to short-
term rentals; and
13
912115 CC A EN A PACKET PAGE 412
WHEREAS, despite any existing challenges faced by cities in regulating or collecting revenue
from the temporary rental of residential units, cities would oppose any effort to undermine their existing
local authority to regulate land use or collect local TOT revenue.
RESOLVED, at the League of California Cities General Assembly, assembled at the League
Annual Conference on October 2, 2015 in San Jose, as follows:
Land use regulation and local tax collection are best overseen and implemented locally.
2. While temporary rental of residential units can offer innovative opportunities for travelers
and property owners within the developing sharing economy, cities must retain flexibility to
address any problems raised by such uses in a manner that reflects the unique issues and
conditions in their communities.
Cities have existing legal authority and tools to regulate and collect revenue from the
temporary rental of residential units, and SB 593 provides the data and framework that
supports and bolsters such local efforts.
4. The League encourages cities to support SB 593.
Background Information on Resolution No. 3
Source: City of West Hollywood
Background:
The sharing economy has quickly become common place in the everyday life of many individuals,
whether they participate in ride- sharing, have rented a short-term residential unit, or live in a community
were either is prevalent. The sharing economy has provided benefits to many, but also includes many
issues that must be addressed in order to allow these sharing practices to effectively incorporate into our
communities. Specifically, the short-term rental of residential units has grown exponentially within the
last several years throughout the State, and its impacts need to be addressed.
Presently, many cities and counties prohibit the renting of residences for less than 30 days. However,
these prohibitions are frequently ignored by Online Vacation Rental Businesses ( "OVRBs "), causing
unwanted burdens on cities while reducing TOT collection from sanctioned hotels. The short-term rental
of residential properties presents numerous challenges within neighborhoods and to adjacent property
owners. They may create additional noise, traffic, parking, privacy and public safety issues, subvert local
rent - control laws, decrease available housing stock and in some cases turn residential neighborhoods into
de -facto hotel rows. The rentals facilitated by OVRB's in these cities and counties go against the
expressed wishes of the residents.
For the cities and counties that do allow short-term residential rentals, most require hosts to register and
that transient occupancy taxes be paid. However, registration and payment of TOT in these cities and
counties are based on the owners of the short terms residential units voluntarily reporting their rental
activity. However, there has been a severe under- registration of hosts and underpayment of TOT. Only
10% of hosts in San Francisco have followed the city ordinance to register. Sonoma County has had to
spend in excess of $200,000 in an attempt to track down those rentals that are not paying the required
TOT under the ordinance. And Los Angeles is currently experiencing a rental housing shortage due in
part to the recent popularity of OVRBs.
14
912115 CC A EN A PACKET PAGE 413
Cities and counties have been unable to obtain this information due to the fact that OVRB's pass their
responsibility to individual homeowners. This lack of oversight and enforcement presents a gap in
accountability, and as a result, local laws and regulations are not being followed.
Sen. Mike McGuire's Thriving Communities and Sharing Economy Act (SB 593) will provide local
jurisdictions with the data and framework necessary to collect TOT revenues from short-term rentals, to
pay for vital local services; or conversely, the data necessary to help cities enforce local regulations
designed to ensure the safety of the public and residents living adjacent to short-term rentals, if those
rental are not allowed.
Specifically, SB 593 would: 1) Prohibit the operators of short -term residential hosting platforms from
advertising residential units for tourist or transient use if such use will violate any ordinance, regulation,
or law, within the applicable city that opts into the bill's provisions; 2) Require short -term rental housing
platforms to collect and remit applicable transient occupancy tax (if short-term rentals are allowed in the
city and the collection of TOT is required by the city); and 3) Require the confidential quarterly reporting
of the address of each residential unit that was occupied for tourist or transient use during the quarterly
period, the total number of nights the residential unit was occupied for tourist or transient use, and the
amounts paid for the occupancy of the residential unit for tourist or transient use.
The premise of SB 593 is simple: reinforce local laws already on the books. Where vacation rentals are
legal, the bill will assist local jurisdictions in their regulation and collection of Transient Occupancy
Taxes, (TOT) as more than 430 cities and 56 counties impose a TOT. Where vacation rentals are illegal
by local ordinance, the bill will prohibit online vacation rental businesses from making a rental.
The Thriving Communities and Sharing Economies Act will empower local control, provide desperately
needed funding for parks, local roads, fire and police services, and promote safe neighborhoods. SB 593
will require online vacation rental businesses to disclose information to cities and counties and /or collect
and disperse Transient Occupancy Tax dollars — projected to be in the hundreds of millions of dollars
statewide.
The emerging short term rental industry is an important segment of the state economic fabric and an issue
of statewide importance. SB 593 would assist in facilitating a shared economy that will be beneficial to
California's cities and their residents.
League of California Cities Staff Analysis on Resolution No. 3
Staff: Dan Carrigg
Committees: Housing, Community & Economic Development; Revenue & Taxation
Summary:
This Resolution seeks to highlight and increase support for SB 593 (McGuire), which is pending in the
Legislature. SB 593, titled the Thriving Communities and Sharing Economy Act, seeks to bolster local
efforts to regulate and collect transient occupancy taxes from the temporary rental of residential houses,
condominiums, rooms, and apartments for tourists and transient use. The League is currently in support
of this legislation.
Background:
The City of West Hollywood and other cities are sponsoring the resolution in an effort to expand
awareness of the issue among cities and encourage additional support for SB 593. They view the
15
912115 CC A EN A PACKET PAGE 414
legislation as helpful in bolstering local efforts to appropriately regulate a growing vacation rental
industry.
The author introduced SB 593 based upon his past experience as both former Mayor of Healdsburg and a
Sonoma County Supervisor. These areas are popular with tourists, and the affected communities are
facing increasing land use and revenue collection issues. SB 593 is currently on the Senate Floor and is
considered a "two -year bill," meaning that it cannot move until January 2016.
In addition to the League, SB 593 has a broad range of support:
Support: American Federation of State, County, and Municipal Employees, AFL -CIO; American Hotel
and Lodging Association; Asian American Hotel Owners Association; American Insurance Association;
Association of California Insurance Companies; Andaz West Hollywood General Manager Lin Schatz;
Association for Los Angeles Deputy Sheriffs; City of Big Bear Lake; Borrego Springs Chamber of
Commerce & Visitors Bureau; California Apartment Association; California Association of Boutique and
Breakfast Inns; California Association of County Treasurers and Tax Collectors; California Apartment
Association; California Association of Code Enforcement Officers; California College and University
Police Chiefs Association; California Narcotics Officers Association; California Police Chiefs
Association; California Hotel and Lodging Association; California Labor Federation; California
Professional Firefighters; California State Association of Counties; California Teamsters Public Affairs
Council; Contra Cost County Treasurer -Tax Collector Russell Watts; Paul Desterman, Mindy Desterman;
El Dorado County Treasurer -Tax Collector C.L. Raffety; Douglas Engmann; Fairmont San Jose General
Manager Kelley Cosgrove; Hilton Los Angeles /Universal City General Manager Mark Davis; Hotel
Association of Los Angeles; Hotel Council of San Francisco; Humboldt County Convention and Visitors
Bureau; International Faith Based Coalition; League of California Cities; Long Beach Firefighter
Association; Los Angeles Alliance for a New Economy; Los Angeles Police Protective League; Town of
Mammoth Lakes; Marin County Council of Mayors and Councilmembers; Marriot Courtyard in Larkspur
General Manager Sam Pahlavan; Denise McNicol; Mendocino County Board of Supervisors; Mendocino
County Treasurer -Tax Collector Shari Schapmire; Mono County Board of Supervisors; Ashok Mukherje;
National Association of Mutual Insurance Companies; Neighbors for Overnight Oversight; Jenny Oaks;
Pacific Association of Domestic Insurance Companies; Riverside Sheriffs Association; Rural County
Representatives of California; Sacramento Hotel Association; San Diego County Hotel -Motel
Association; San Franciscans for Reasonable Growth; San Luis Obispo County Auditor-Controller-
Treasurer -Tax Collector James Erb; San Mateo County Central Labor Council; Santa Cruz County
Convention and Visitors Council; Service Employees International Union; ShareBetter San Francisco;
Sierra County Auditor - Treasurer -Tax Collector Van Maddox; Siskiyou County Treasurer -Tax Collector
Wayne Hammar; Sonoma County Auditor - Controller -Tax Collector David Sundstrom; Sonoma County
Board of Supervisors; City of Thousand Oaks; Tulare County Auditor - Controller- Treasurer -Tax Collector
Rita Woodard; Tuolumne County Treasurer -Tax Collector Shelley Piech; UNITE -HERE, AFL -CIO;
United Firefighter of Los Angeles City, Local 9112; Natasha Yankoffski.
Opposition: Airbnb; Consumer Watchdog; Internet Association, TechNet.
Fiscal Impact:
Transient Occupancy Taxes are a significant source of local revenue. Many cities and counties are
encountering challenges identifying units in their community that are being used as vacation rentals and
collecting associated revenue. Where vacation rentals are permitted by local ordinance, the passage of SB
593 can assist local efforts, thereby increasing local revenues to support local services.
Comment:
3) Earlier this year the League's Housing Community and Economic Development Committee and
Revenue and Taxation Committee reviewed an earlier version of SB 593 and initially adopted a
16
912115 CC A EN A PACKET PAGE 41.E
Support, If Amended position, which was concurred with by the League board. The author later
incorporated the League's amendments into the bill and the League issued a support letter on the
current version of the bill.
4) Local governments already have extensive authority to regulate land use and collect local taxes.
While vacation rentals may be an increasingly popular option for the traveling public, local
ordinances are beginning to adjust. The League supports SB 593 because it is crafted in a way
that supports local authority in dealing with this emerging issue. Local agencies can either opt in
to its provisions or continue to address issues differently under their existing local authority.
Existing League Policy:
Related to this Resolution, existing policy provides:
HCED Policy: The League believes that local zoning is a primary function of cities and is an essential
component of home rule.
Rev. & Tax Policy: Additional revenue is required in the state /local revenue structure. There is not
enough money generated by the current system or allocated to the local level by the current system to
meet the requirements of a growing population and deteriorating services and facilities.
RESOLUTION REFERRED TO ENVIRONMENTAL QUALITY POLICY COMMITTEE
4. RESOLUTION CALLING UPON THE GOVERNOR AND THE LEGISLATURE TO
WORK WITH THE LEAGUE OF CALIFORNIA CITIES TO ENACT LEGISLATION OR
TO OTHERWISE COMPEL SOUTHERN CALIFORNIA EDISON TO CREATE A
PROGRAM TO AUTOMATICALLY PROVIDE DIRECT COMPENSATION TO ITS
CUSTOMERS AFFECTED BY PROLONGED ELECTRICAL POWER OUTAGES UNDER
SPECIFIED CIRCUMSTANCES.
Source: City of Rancho Palos Verdes
Concurrence of five or more cities /city officials: Cities of Hermosa Beach, Lomita, Palos Verdes Estates,
Rolling Hills and Rolling Hills Estates
Referred to: Environmental Quality Policy Committee
Recommendations to General Resolutions Committee:
WHEREAS, local governments in California are often reliant upon investor -owned private utility
companies for the provision of electrical power to their citizens, businesses and institutions; and,
WHEREAS, the reliability and consistency of electrical supply and transmission is critically
important to local governments to ensure the protection of the public safety, health and general welfare of
communities; and,
WHEREAS, prolonged disruptions in electrical service can jeopardize the health of citizens who
have a variety of physical challenges and rely on a constant source of power for medical devices; the
safety of senior citizens who are particularly susceptible to injury if power outages persist for long periods
of time into evening hours; and the financial well -being of citizens, businesses and institutions that suffer
from the loss of food, medication and other perishable items during prolonged power outages; and,
WHEREAS, Southern California Edison (SCE), an investor -owned utility serving 15 million
customers in Southern and Central California, experiences frequent and prolonged service disruptions due
to both planned and unplanned outages, equipment failures and weather- related events, which adversely
affect local governments within its service area; and,
17
912115 CC A EN A PACKET PAGE 416
WHEREAS, SCE has been fined by the California Public Utilities Commission in the past due to
prolonged service disruptions, most recently being levied a $24.5 million penalty as a result of a
prolonged outage that resulted from a wind storm in 2011; and,
WHEREAS, although SCE provides a claim process by which its customers may seek
compensation for financial losses incurred as a result of prolonged service disruptions, SCE appears to
reject most such claims; which places an unreasonable burden upon its customers and creates a false
impression that customers will be compensated for their losses; and,
WHEREAS, at least one other investor -owned utility in California, Pacific Gas and Electric
(PG &E) in Northern and Central California, has existing programs and procedures in place ( "Safety Net"
and "Service Guarantee ") that automatically and directly compensate its customers when they are affected
by prolonged service disruptions, including disruptions due to weather events and other causes, without
the need for customers to seek compensation through a claim process; and,
WHEREAS, these PG &E programs provide for "Storm Inconvenience Payments" of $25 to $100
for weather- related service disruptions of forty -eight (48) hours or more; as well as $30 service credits in
instances of where the customer's electrical service is not restored within four (4) hours, or the customer
is not provided with a time for service restoration within four (4) hours; the customer is without electrical
service for twenty -four (24) hours or more in the event of unplanned service disruptions (unless the cause
of the disruption is completely beyond the utility's control); and the customer is without electrical service
as a result of a planned service interruption where less than seventy -two (72) hours' notice is provided to
the customer; and,
WHEREAS, local governments within SCE's service area believe that requiring SCE to
implement automatic and direct compensation programs for prolonged service disruptions, similar to
those implemented by PG &E, will provide tangible relief to citizens, businesses and institutions that are
adversely affected by prolonged outages, and will incentivize SCE to improve the reliability of its
equipment and service; and now therefore let it be,
RESOLVED by the General Assembly of the League of California Cities, assembled in San Jose
on October 2, 2015, that the League calls for the Governor and the Legislature to work with the League of
California Cities to enact legislation or to otherwise compel SCE to create a program to automatically
provide direct compensation to its customers affected by prolonged electrical power outages under
specified circumstances; and let it be,
FURTHER RESOLVED that such program shall be modeled upon PG &E's "Safety Net" and
"Service Guarantee" programs, and shall cover weather- related events and planned and unplanned service
disruptions.
Background Information on Resolution No. 4
Source: City of Rancho Palos Verdes
Background:
The City of Rancho Palos Verdes and other cities in the South Bay region of Los Angeles County have
longstanding concerns regarding the ineffective process by which Southern California Edison (SCE)
addresses residents' claims, and desires to obtain the League's assistance in correcting that process. On
the Palos Verdes Peninsula, SCE's aged infrastructure has caused fires and repeated, prolonged power
18
912115 CC A EN A PACKET PAGE 417
outages. The prolonged power outages are the focus of this request, because they adversely affect
residents in a variety of ways, particularly:
Residents who have a variety of physical challenges and rely on a constant source of power for
medical devices;
Residents who are senior citizens and are particularly susceptible to injury if power outages
persist for a long period of time into the evening hours; and,
Residents who suffer financial burdens as a result of losing food, medication and other perishable
items during prolonged power outages.
The California Public Utilities Commission (CPUC) has the authority to impose penalties on utilities,
including for prolonged power outages, and did so in connection with an extreme wind event that
occurred in the Los Angeles area in 2011. However, the CPUC is not authorized to award claims to
residents for prolonged electrical power outages. If a resident has a claim he or she wishes to pursue, the
resident must file a claim with SCE, along with documentation of the financial loss that was incurred. If
the claim is rejected, the resident then must file a lawsuit against SCE (probably in small claims court).
Most residents will not want to spend the time and effort to pursue small claims for monetary damages
arising from extended power outages.
SCE only awards claims for damages caused by its own negligence. This means that if an extended
power outage is caused by a weather- related event, the claim will be denied. The SCE website also states
that it will not cover claims for power surges. Since SCE often moves power from one line to another to
enable repairs and maintenance, SCE can be the cause of the power surge, but residents still will not
receive compensation for those claims.
Proposed Legislation
The proposed resolution calls upon the Governor and Legislature to enact legislation (or take other action)
that will provide rebates in flat amounts to SCE customers for extended power outages under specified
conditions. The proposed legislation could be modeled on the "Safety Net" and "Service Guarantee"
programs offered by Pacific Gas and Electric (PG &E), another California -based investor -owned utility,
which provides specific rebates to its customers based upon the type, cause and duration of service
interruptions. These penalties are designed to provide direct compensation to SCE's customers who are
adversely affected by prolonged power outages, and to incentivize SCE to restore the power as quickly as
possible. They also will eliminate the frustration that SCE's customers experience as a result of SCE's
existing claim process.
League of California Cities Staff Analysis on Resolution No. 4
Staff: Jason Rhine
Committee: Environmental Quality
Summary:
Resolution No. 4 calls upon the Governor and the Legislature to work with the League of California
Cities to enact legislation or to otherwise compel Southern California Edison (SCE) to create a program to
automatically provide direct compensation to its customers affected by a prolonged electrical power
outage under specified circumstances.
Background:
City of Rancho Palos Verdes asserts that the South Bay region of Los Angeles County has longstanding
concern regarding the ineffective process by which SCE addresses residents' claims associated with
19
912115 CC A GENDA PACKET PA GE 418
prolonged electrical power outages. The City believes that SCE's aged infrastructure has caused fires and
repeated, prolonged electrical power outages. Prolonged electrical power outages can adversely affect
residents who have physical challenges and rely on a constant source of power for medical devices;
residents who are senior citizens and are particularly susceptible to injury if electrical power outages
persist for a long period of time into the evening hours; and, residents who suffer financial burdens as a
result of losing food, medication and other perishable items during prolonged electrical power outages.
According to information provided by SCE, SCE has the following customer compensation program:
Service Guarantee Program
SCE shall provide the following four service guarantees to its electric customers and provide a
$30 credit when these service guarantees are not met. Unless otherwise stated below, the four
service standards apply only to active service accounts served under the Residential, General
Service and Industrial, or Agricultural and Pumping rate schedules.
• Restoration of Service Within 24 Hours: SCE will restore electrical service within 24
hours of when SCE first becomes aware of a power outage. The first credit will be
applied if the outage exceeds 24 hours. Additional credits will be applied for each
succeeding 24 -hour period that the customer is without service. Partial credits will not be
paid for outage periods less than a full 24-hour increment. Power outages associated
with a moderate, severe, or catastrophic storm condition are exempt from the program.
• Missed Appointments: When an appointment for a field service visit is made with a
customer for a specific appointment time, and the customer's presence is required for
establishing new service, a billing inquiry, or meter installation, SCE will arrive at the
agreed upon appointment within 30 minutes before or after the scheduled time.
• Notification of Planned Outages: SCE will provide customers with notification of a
planned outage at least three calendar days prior to the event. SCE will notify customers
either by US Postal Service mail, by phone, in- person or door -to -door through door
hangers, or by e -mail if SCE has the customer's e -mail address on file. If a planned
outage is rescheduled to a new date not specified in the original notice to the customer,
SCE will provide a new notice at least three calendar days in advance of the rescheduled
planned outage.
• Timely and Accurate First Bill: SCE will issue an accurate first bill to a new customer
of record within 60 days of establishing service. The bill and bill accuracy is defined
according to the terms and conditions of SCE's Rule 9 (Rendering and Payment of Bills)
and Rule 17 Section A (Adjustment of Bills and Meter Tests Usage) and Section D
(Adjustment of Bills for Billing Error). The service guarantee credit process will be
initiated once SCE is aware that the first bill was either inaccurate or issued beyond sixty
days of establishing service. The first bill for any given customer account is eligible for
only one service guarantee credit regardless of whether the bill is late, inaccurate, or both.
According to PG &E's website, PG &E offers the following customer compensation programs:
Compensation for Extended Outages
STORMS MESSAGE: If you are a residential customer and have gone without power for at
least 48 hours due to severe storm conditions, you may qualify for a payment under PG &E's
Safety Net Program. This program provides for the automatic payment of $25 - $100, which is
paid about 60 days following the storm outage. In some cases, processing may take 90 -120 days
(heavy storm season).
Safety Net Program
We understand how inconvenient it is for customers who go without power for 48 hours or longer
due to severe events, such as a storm. That is why PG &E created the following:
20
912115 CC A EN A PACKET PAGE 419
• PG &E will provide payments to residential customers we determine were without power
for more than 48 hours due to a severe storm.
• The payments will range from $25 up to $100, depending on the length of the outage.
Eligibility
• The Storm Inconvenience Payment provision of the Safety Net Program applies to
residential customers only (rate schedules E -1, E -6, E -7, E -8, E -9, EM, ES, ESR, ET, and
EV); customers also may be enrolled in programs such as CARE and medical baseline.
• Businesses, agricultural accounts, multi - family building common areas, streetlights, and
all other customers other than residential customers are ineligible for Storm
Inconvenience Payments.
• Storm Inconvenience Payments will not be issued to customers in areas where access to
PG &E's electric facilities was blocked (mud slides, road closures or other access issues).
Also, if customer equipment prevented restoral or extended customer outage (ex.
weatherhead, service drop, etc.).
• The outage must have occurred during a major weather- related event that caused
significant damage to PG &E's electric distribution system.
• The outage must have lasted more than 48 hours.
• Storm Inconvenience Payments are in increments of $25 ($100 maximum per event).
Payment levels are based on the length of the customer's outage:
0 48 to 72 hours $25
0 72 to 96 hours $50
0 96 to 120 hours $75
0 120 hours or more $100
• Both bundled- service and direct- access residential customers qualify for Storm
Inconvenience Payments.
• Storm Inconvenience Payments will be issued to the customer of record.
• A customer with multiple residential services such as a primary residence and a vacation
home is eligible for Storm Inconvenience Payments at each location where there was a
storm- related outage of more than 48 hours.
• Customers must have an open account (service agreement) in good standing at the time of
the outage and at the time payment is issued (generally 45 to 60 days after the event).
• For master- metered accounts such as mobile home parks, the customer of record will
receive the Storm Inconvenience Payment for the master meter only.
Service Guarantee Program
Gas and electricity are essential to keep your life running smoothly, safely and efficiently. When
your service is interrupted or in need of repair, you expect a reasonable and timely response. To
ensure that we provide this to you, PG &E has implemented service guarantees, which spell out
our commitment to prompt customer service for our customers:
• Guarantee l: Missed Appointments: PG &E will meet the agreed upon appointment
time set with our customer during contact with our Call Center or automatically credit
your account $30.
• Guarantee 2: Non - Emergency Investigations: PG &E will investigate non - emergency
situations (check meter) and communicate results to a customer within seven days of a
customer's request. Check -meter appointments between October 15 and December 15 of
each year will be scheduled within 10 workdays. If an off -site meter test is required,
PG &E will communicate the results to the customer within 30 days. If access is required
to the customer's premises, then an appointment is necessary. Failure to meet the service
guarantee will result in a $30 credit to the customer's account. An automatic credit to the
customer's account would apply only if PG &E misses a scheduled appointment date. If
21
912115 CC A EN A PACKET PAGE 420
the appointment is scheduled beyond five workdays, the customer must notify PG &E to
receive the credit. If PG &E's records show that such scheduling was at the customer's
request, the credit does not apply.
• Guarantee 3: Emergency: The Emergency Service Guarantee is not currently in effect.
• Guarantee 4: Complaint Resolution: PG &E will decide on a course of action to
resolve a complaint and communicate it to the customer within three working days.
PG &E will communicate the complaints resolution to the customer within 10 working
days, or 30 working days when an off -site meter test is required or an on -site home audit
is requested. Failure to meet the service guarantee will result in a $30 credit to the
customer's account.
• Guarantee 5: New Meter Installations: PG &E will meet the agreed upon date for new
service meter installations and service turn -ons or automatically credit your account $50.
• Guarantee 6: Electric Service Disruptions: PG &E will respond to customer calls
reporting electric service interruptions within four hours by restoring service; or by
informing the customer, upon request, when service restoration is expected; or
automatically credit your account $30.
• Guarantee 7: Electric Service Restoration: PG &E will restore electric service within
24 hours, unless the cause is absolutely beyond our control, or we will automatically
credit your account $30 for each 24 -hour period you are without service.
• Guarantee 8: Commencing Bills: PG &E will issue an accurate commencing bill to a
new customer account within 60 days of service initiation, or we will automatically credit
your account $30.
• Guarantee 9: Planned Interruptions: PG &E shall provide at least three days' notice
of a planned interruption in service. Failure to meet the service guarantee will result in a
$30 credit to the customer's account. This guarantee will require a customer call and
PG &E investigation to determine if PG &E's commitment to notify customers 72 hours in
advance of planned interruptions was missed. Customers notified of planned service
interruptions 72 hours in advance may have their service interrupted on multiple
occasions on the date(s).
• Guarantee 10: Service Termination in Error: Impacted customers will be eligible for
a $100 credit adjustment if PG &E terminates service in error.
Fiscal Impact:
No Impact on City Funds. Compelling SCE to create automatic direct compensation programs modeled
on PG &E's "Safety Net" and "Service Guarantee" programs would have no direct fiscal impact on cities
because the "Safety Net" program is limited to residential customers and the "Service Guarantee"
program is very similar to SCE's existing program. However, residential customers would receive direct
payments in specified circumstances for prolonged electrical power outages.
Comment:
• The City of Rancho Palos Verdes, in sponsoring this resolution, does not believe that SCE has an
effective process to address customer damage claims associated with prolonged electrical power
outages. According to the resolution, the City of Rancho Palos Verdes would like to compel SCE
to create a program to automatically provide direct compensation to its customers affected by
prolonged electrical power outages under specified circumstances. Additionally, the program
would be modeled upon PG &E "Safety Net" and "Service Guarantee" programs, and shall cover
weather- related events and planned and unplanned service disruptions.
• What is SCE's process to provide relief to customers that have experienced a prolonged
electrical power outage? As part of SCE's four point service guarantee program,
customers experiencing an electrical power outages exceeding 24 hours, may qualify for
a $30 credit under specific conditions. However, prolonged electrical power outages
22
912115 CC A EN A PACKET PAGE 421
caused by a moderate, severe, or catastrophic storm condition are exempt from the
program.
• How sloes PG &E provide relief to customers that have experienced a prolonged
electrical power outage? Like SCE, PG &E has a multi -point service guarantee program
that provides customer credits that range from $30 -$100 for a wide range of activities.
In addition, PG &E has a specific, weather related program, the "Safety Net" program,
which provides automatic, direct payment to customers experiencing electrical power
outages, in excess of 48 hours.
• What type of customer compensation program does the Resolution call for? The
Resolution calls for a customer compensation program that expands beyond PG &E's two
existing programs. Under the Resolution, the City of Rancho Palos Verdes would like to
compel SCE to adopt a program based on PG &E's "Safety Net" and "Service Guarantee"
programs, and also cover weather- related events and planned and unplanned service
disruptions.
• Do these programs really provide funds to residential customers? While the Resolution
holds PG &E's programs in high esteem, after hearing from a number of city officials in
PG &E's service territory, it seems that there is a great deal of skepticism around the
effectiveness and utilization of their residential compensation programs. Is PG &E's
program really working as described?
• What about California's other Investor Owned Utilities (IOU) and municipal utilities?
The Resolution is directed at SCE. However, the committee may want to consider the
implications of the Resolution on the other investor owned utilities and municipal
utilities.
• Is legislation the best approach? The Resolution calls upon the Governor and the Legislature to
work with the League of California Cities to enact legislation or to otherwise compel SCE to
create a program to automatically provide direct compensation to its customers affected by a
prolonged electrical power outage. Given that the California Public Utilities Commission
regulates all of the investor owned utilities, it may be more appropriate to seek a regulatory
change rather than a legislative proposal.
• More information to come. The Resolution could have broader implications beyond SCE and
PG &E. Prior to the Environmental Quality Policy Committee and General Resolutions
Committee meeting at Annual Conference, League staff will provide additional background
information on the following:
• Other IOU electrical power outage compensation programs.
• Municipal utility electrical power outage compensation programs.
• Role of the California Public Utilities Commission.
Existing League Policy:
In response to the energy crisis of 2001, the League of California Cities established extensive policy and
guiding principles related to the electric industry. However, there is no existing policy that pertains to
prolonged power outages or compensating customers for damages incurred during a prolonged power
outage.
23
912115 CC A EN A PACKET PAGE 422
LETTERS OF CONCURRENCE
Resolution No. 2
Overconcentration of Alcohol & Drug Treatment Facilities
24
912115 CC AGENDA PACKET PAGE 423
"Service Builds Tomorrow's Progress"
July 15,20I5
THE CITY OF ARTESIA, CALIFORNIA
President StephanyAguilar
League of California [ides
14OOK Street Suite 4O0
Sacramento, [A958l4
Fax: (916) 658-8240
18747 CIJ\8KI AI12YVDNUB, ARTBBIA' CATJ1,-ODNl&90701
Telephone 362/8SS-8262
FAX S82/865'824U
Re: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES CALLING FOR LEGISLATION TO
PRESERVE THERAPEUTIC ENVIRONMENTS FOR GROUP HOMES AND AVOID IMPACTS OF
OVERCONCENTRATION OF ALCOHOL AND DRUG ABUSE RECOVERY AND TREATIVIEW
FACILITIES IN RESIDENTIAL NEIGHBORHOODS
Dear President Aguilar,
|, Mayor Pro Tenn Victor K88na|o\ City of Artesia wish to support the League of California
Cities resolution for legislation to preserve therapeutic environments for group homes and
avoid impacts of overconceniratiOn of alcohol and drug abuse recovery and treatment
facilities in residential neighborhoods to be adopted on October 2, 2015 at the Annual League
of California Cities Conference in San Jose, California.
In the interest of continuing local control, land use and planning and home rule, we believe
the Governor and Legislature should respect the individuals' legal rights. The California
Fair Employment and Housing Act includes legal protection against discrimination against
persons with disabilities through zoning laws, denials of use permits, and other actions
authorized under the Planning and Zoning Law; and the Americans with Disabilities Act
requires public entities to make reasonable accommodations in policies, practices, or
procedures to avoid discrimination on the basis of disability. There is no provision in State
|avv that aUnvvs for the consideration of the impact of alcoholism or drug abuse recovery or
treatment facilities on single-family neighborhoods or the overconcentraUon of these
facilities as there is for residential group home facilities.
25
912115 CC AGENDA PACKET PAGE 424
This resolution respectfully points out that community concern could be addressed if state
agencies communicated and collaborated more with local government. Thank you inadvance
for considering, supporting and adopting the resolution at the annual conference on October
2,2015.
Sincerely,
Victork4analo
Mayor Pro Tern
City of Artesia
26
912115 CC AGENDA PACKET PAGE 425
Ai
-, . ...... . . . . .. .. .....
V
A
0'
Mm
Treitat. Parteaw-C4macci
July 22, 2015 how Tawn
Surrsuewl Kang,
,Oaul ra'surva
Stepl=y Aguilar, PrvsidenE Nkt4'#d(J4'0(, F, Fig,3,10Y
League off" Califamia Cities UZ Reill"y
1400 K Street, Safte, 400 (Ity M�vwlaw-Q
Sacramento, CA 9581,4 Ma rieselt (lefwgn,
Fax-, ( .), 658-82 44)
Re: A Resolution ofthr League, Oft_ajj.fOMja CitleS cal3,ing J'mg legiSlltidtl tO pteserve
thcmpcutic =virt)nrv&ats for group homts, am! avoid impacts of'overoonecatmflon of
a kol wwJ dmg alyuse recoycry and, treatment faeMesin residenfial ncighb(mrh(�*&,
The Ory, of Du arte. uishes to support the Loagu "alifornia Cities.' resolution for legislallon, (k)
prcm „,zrvc rime rapectic envirorumnts ftw group howftf, iwd avoid impact; of'overameentration of
alcohol guid ditig abusc. rccoveTy and treatment, ftcilfties 'in msidenfial neightx),rhoods,, to be- adoptxd
on (Xtober 2,201Via. at the Annual Leag,ue, of' Calif om`mm Cifirs rma arr mm n Sanks'e,, Califomia.
In e e interest of continuing local control, land use and plarwing, and hw.ie rule, 'we beLieve, drag
Governor and, LegWature should jrtsI pect die individuals' IeSM nghm The Califonua Fair Enii-
ploymwt and Houw),,ing Act ,mil udcs legal pvAtetion against discrimination agairult perwns with,
disubilities dwaAgb zoning laws, der p pcimits, and othcr actions atd-wrized wider tlw
Pliuming wvd Zxmin ,,aw. The Americaas mith Disabilities Act "mires piklic enfidesto make.
=son able acc ,munodafiaas in pa ire practices, or par ocedares to avoid dicTimination on the
Imms
of disabdity. Th c is no provL,m,j<)n. itl St-ge law that allows f(w the considenalian of the
impact of alcobofism or drug abase recovery or trcatnwnt fiwilifi on single-fa mily neighbodmds,
or the ovowonczntrarion of dw-sc fiwilifics, wi there is for re6 dent ial grox4) hoinc facilitics.
This resoltdon, rcsprctfully pt',AnLs otj Lat ootjujjmjjfity concem, could b, e addreised if State agencies
communit.wed and, coftborawd mom with local govemment Thai* you in advance Rr considellring..,
s t
upporting, arm adoptingthc Ttsiol ution at the =,nmein cono ercnoc on �tvbe,-T, 2, 2015
Sincerely.-
Tia” cl Rarls -Caracci
Mayor
. . . ...... . . . .......... ... . . ..
912115 CC AGENDA PACKET PAGE 426
July 15,3O15
M
President StephanyAguilar
League of California Cities
I4OUK Street Suite 4OO
Sacramento, CA958l4
Fax: (916) 658-8240
City Council
David A. Spence, Mayor
Jonathan C. Curtis, Mayor Pro Tern
Michael T. Devitt
LeooardPiemni
Terry Walker
RE: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES CALLING FOR LEGISLATION TO PRESERVE
THERAPEUTIC ENVIRONMENTS FOR GROUP HOMES AND AVOID IMPACTS OF OVERCONCENTRATION OF
ALCOHOL AND DRUG ABUSE RECOVERY AND TREATMENT FACILITIES IN RESIDENTIAL NEIGHBORHOODS
Dear President Aguilar:
I am a City Council member of the City of La Cafiada Flintridge and wish to express my support of the
League of California Cities' resolution for legislation to preserve therapeutic environments for group
homes and avoid impacts of overconcentration of alcohol and drug abuse recovery and treatment
facilities in residential neighborhoods. Said resolution is scheduled for consideration on October Z,2O15
at the Annual League of California Cities Conference in San Jose, California.
In the interest of continuing local control, land use and planning and home rule, I believe the Governor
and Legislature should respect individuals' legal rights. The California Fair Employment and Housing Act
includes legal protection against discrimination against persons with disabilities through zoning laws,
denials of use permits, and other actions authorized under the Planning and Zoning Law; and the
Americans with Disabilities Act requires public entities to make reasonable accommodations in policies,
practices, or procedures to avoid discrimination on the basis of disability. There is no provision in State
law that allows for the consideration of the impact of alcoholism or drug abuse recovery or treatment
facilities on single-family neighborhoods or the overconcentration of these facilities as there is for
residential group home facilities,
This resolution respectfully points out that community concern could be addressed if state agencies
communicated and collaborated more with local government,
Thank you in advance for considering, supporting and adopting the resolution at the annual conference
on October 2,2O15.
1o2r Foothill Boulevard ~ LaCahudaRin\ddge ° C1218mia91011 ° (818) 790-8880 ° FAX: (818)790+763G
912115 CC AGENDA PACKET PAGE 427
Vim
Vim Atem"'r C
r
"NoW
July, 21, 201
Presidctit Std' nom Aguitar
I.xague ofCalifornia Cifies
1400 K ;Strad( Suite 4(X)
Swrammito, di form 95814
Re� Resolution for I,cgi,&Iatkwn to Preserve Therapeutic Environments for Group Baftles
and Avoid Irriputs of Overconcentrati on of Alwhol mid Drug Abuse Recorny and
Treatment Facifitics in Rcsid".fial Ntigh1whoods
Dcar Prmidcnt Aguilar:
"I'he C'it LakewmAsuppoTts the League of Califtomia Ckits' msolution tbr legistati to
prescm thcTapcutic eaviromnents fbr group 1u),mcs and avoid inipacts of overr:omcntration of
alcohol and drug abuse recowry and trcatment facififies in residential ncighN>Thoods- We
support that this resolution be adopted at the Annual Langm of'Cafifomia ti es Coa c on
Octobcr 2, 2015 in an Jorse, California.
I'bank you fbr ymw consideration,, support and adopfion oft his kqxxtant resol'ution �,d the
L(mgtx Annual Confereacc,
1, als-,e-Aw,
it, 21 � X" e"'A 97 "Yv"a'v, fnke"w oww h &,, wr�n 1 mni'i 11 v 4'e ft,' f��V [A k�` %%1416:i Y
L'A 'N"), 912115 CC AGENDA PACKET PAGE 428
12911111Wiluklm IF
HL9gRY SANC= Ak,
JIM (��XLEY
WCH AZL C. SAVLDAN
BEN 'TL¢AINA
MARK VrARONEE
July 23. Z)15
President Stephany+ AQuiar
League of Celifonlia Cider
14DO K Street SulLa 400
Sacramento, CA 95814
Fax. (916) &5&-5240
i'
_r
C�1 Y•��1] � ��k� 1 � IT1
ADMIiN ISTRATION
WCHAEL RACK
crrr see NAiOER
RE: A RESOLUTION OF THE LEAGUE OF CAL FORNIA CITIES CALLING FOR LEGISLATKM TO
PRE,S E'MERAPEUTIC ENVIRONMENTS FOR GROUP 140MES AND AVOID IMPACTS OF
OVERCOIhEIdTRATiON OF ALCOHOL AND DRUG ABUSE RECOVERY AND TREATMENT
FAC�LMES IN RESIDENTIAL f+1EIGHBORHOOM
Dear P ld Agul4r.
I. Mayor Henay Sanchez. Jr,. City of Loq ts, wiSh to support the Lague of CtMoirnea Citifies T=DlL6m for
leosWor7 to prmNe therapeutic en menu for group homes and mid impacts of overconoentration
of alcohol and dnig abuse revery and tBatment faaGties in rasidentiai noi~ocKis to be adWad
on meter 2, 2015 at the Anrivat Leoque of California Citiim Cor7ll'crem* ire San , , Cali wniiia,
In the interest of omtndog kcal control, land use arad planning and home rule, vm beieve the Governor
and Le lotus should r p wit the Wividuals' legal rights, The Celifnrnio Fair Employment and Housing
Act inclides "I pirotocfion against discriminazion against persons with disabilities through zoning ,
denials d use permits, arrd other aefiam authorimd under the Planning and Zoning Law,, and ttm
,rne-ioorrs with Disabiiitiies Act requiires public eat s to make rocsorLablc awommod ons in pwides,
pra,eficas} or procedures to avoid discrimination on the lbases of a disabifty" There is no prouesion in Seta
law that allows for the consideration of the impact of a]C*Wism or drug abuse re uovaryr or treatment
faaWes on singlefamity neighborhoods or the overoo n"Vo't of Chas* f ilitims as t is for
residenfial group home fac8itics.
This resolution respectfully paints out that oommunIty concm ootAd be ad!dmsad if state agencies
communicated wid cadlabomted more with local g&mrnrnenL Thank you in a&ance for oonsedering,
supporting and adopting tie rawlutiorr W the annual Oon Mnm nn Condoler 2, 2015.
Sinoeretyr.
Henry a Jr-
Mayor, CKy of Lomita
co; Kepi Lofing, CWk nie Cwract Cities A,ssodatiiori, keJlit r�tr ctcities erg
CFI'Y HALL OFFICES - P -O. BOX 339 - 24300 TvARBO?+ NE AVENUE" LO?wlfrA • CALIFORNIA 90717
0 t 0) 325.7 L 10 - f-AX [I ] 0) ��5.4024 • wtivvr, l4mit�,�pr��iSyFiall
31
912115 CC A EN A PACKET PAGE 430
RMSEEM
City of Pico Rivera
OFFICE OF THE CITY COUNCIL
6615 Passons Boul"aTd • Pico Rivera, California 90660 .(562) 801-4371
web: qn!,Pw(Rpieo rh,era,wg
League • California Cities
1400 K Street Suite 400
Sacramento, CA 95814
Fax: (9 16) 658-8240
GREGORY SALCIDO
Mayo r
Re: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES CALLING FOR
LEGISLATION TO PRESERVE THERAPEUTIC ENVIRONMENTS FOR GROUP
HOMES AND AVOID IMPACTS OF OVERCONCENTRATION OF ALCOHOL
AND DRUG ABUSE RECOVERY AND TREATMENT FACILITIES IN
RESIDENTIAL NEIGHBORHOODS
I
1, Gregory Salcido, Mayor of the City of P,ico Rivera wish to support the Leagiue ot
California Cities resolution for legiislatioin to preserve therapeutic environments for grou�t
homes and avoid impacts • overco,ncentration • alcohol and drug abuse recovery and
treatment facilities in residential neighborhoods to be adopted on October 2, 2015 at th:-.
Annual League • California Cities Conference in San Jose, California.
In the interest
• continuing local control, land use and planning and home ruile, we
believe the Governor and Legislature should respect the individuals' legal rights. The
California Fair Employment and Housing Act includes legal protection aga,inst
discrimination against persons with disabilities through zoning laws, denial's of use
permits, and other actions authorized under the Planning and Zoning Law; and the
Americans with Disabilities Act requires public entities to make reasonab,le
accommodations in policies, practices, or procedures to avoid discrimination on the
basis of a disability, There is no provision in State law that allows for the consideration
• the impact of alcoholism or drug abuse recovery or treatment facilities • single-
family neighborhoods or the overconcentration • these facilities as there is for
residential group home facilities.
32
912115 CC AGENDA PACKET PAGE 431
Stephany Aguilar, President
League of California Cities
Legislation to Preserve Therapeutic Environments
for Group Homes
Page 2
This resolution respectfully points out that community concern could be addressed if
state agencies communicated and collaborated more with local government. Thank you
in advance for considering, supporting and adopting the resolution at the annual
conference on October 2, 2015.
9MMM
33
912115 CC AGENDA PACKET PAGE 432
LETTERS OF CONCURRENCE
Resolution No. 3
Residential Rentals, Support for SB 593 (McGuire)
34
912115 CC A EN A PACKET PAGE 433
July 29, 2015
Stephany Aguilar, President
League of California Cities
1400 K Street
Sacramento, CA 95814
CITY OF HEALDSBURG
ADMINISTRATION
401 Grove Street
Healdsburg, CA 95448 -4723
Phone: (707) 431 -3317
Fax: (707) 431 -3321
Visit us at www.ci.healdsburg.ca.us
RE: RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING SB 593 (MCGUIRE)
AND CONTINUED LOCAL FLEXIBILITY FOR CITIES AS THEY ADDRESS NEIGHBORHOOD
AND FISCAL IMPACTS OF TEMPORARY RENTALS OF RESIDENTIAL UNITS FOR TOURIST
OR TRANSIENT USES
Dear President Aguilar:
The City of Healdsburg supports the proposed resolution related to the Sharing Economy and concurs in the
submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting
on October 2, 2015.
The resolution reaffirms and acknowledges local efforts to effectively regulate land use impacts and collect
applicable taxes from transient residential rentals as part of the emerging "shared economy ".
The short-term rental of residential houses, rooms, condominiums, and apartments present numerous challenges
within neighborhoods and to adjacent property owners. They may create additional noise, traffic, parking,
privacy and public safety issues, subvert local rent -control laws, decrease available housing stock and in some
cases turn residential neighborhoods into de -facto hotel rows.
Where the temporary rental of residential units is allowed by local regulation, the associated transient occupancy
tax (TOT) should also be collected. These units are in direct competition with hotels, motels and other
accommodations where guests pay the local transient occupancy tax, so all such uses should be subject to the
same tax. The revenues generated support local streets, roads, fire, police, lifeguards, trash pick -up, park
maintenance and other local public services which directly affect local quality of life and the attraction of the
community for a visitor.
The City of Healdsburg believes SB 593, as referenced in the proposed resolution, acknowledges existing local
authority in this area and provides the necessary data for local jurisdictions to enforce their regulations regarding
short-term residential rentals and a helpful regulatory framework that local governments may choose in lieu of
exercising their existing authority.
For these reasons, the City of Healdsburg supports the League's Resolution.
Sincere
S McCaffery, Mayor
City of Healdsburg
cc: Meg Desmond, League of California Cities, mdesmond @cacities.org
John Leonard, City of West Hollywood, jleonard @weho.org
35
912115 CC A EN A PACKET PAGE 434
July 30, 2015
Stephany Aguilar, President
League of California Cities
1400 K Street
Sacramento, CA 95814
RE: LETTER IN SUPPORT OF A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES
SUPPORTING SIB 593 (MCGUIRE)
Dear President Aguilar:
The Town of Mammoth Lakes supports the proposed resolution related to the Sharing Economy
and concurs in the submission of the resolution for consideration by the League of Cities
General Assembly at its annual meeting on October 2, 2015. The Town of Mammoth Lakes is a
small, rural community in the Eastern Sierra Region of about 8,000 full -time residents.
Mammoth Lakes is a tourist destination, servicing hundreds of thousands of visitors each year.
We are geographically isolated from populated areas by several hundred miles and are
supported by our one primary industry — tourism.
The League's proposed resolution reaffirms and acknowledges local efforts to effectively
regulate land use impacts and collect applicable taxes from transient residential rentals as part
of the emerging "shared economy ".
The short-term rental of residential houses, rooms, condominiums, and apartments present
numerous challenges within neighborhoods and to adjacent property owners. They may create
additional noise, traffic, parking, privacy and public safety issues, subvert local rent - control laws,
and decrease available housing stock. In Mammoth Lakes, with a limited police force that is not
staffed 24 -hours a day and a code enforcement staff of one, enforcement of these types of
issues can be very challenging.
Where the temporary rental of residential units is allowed by local regulation, the associated
transient occupancy tax (TOT) should also be collected. These units are in direct competition
with hotels, motels and other accommodations where guests pay the local transient occupancy
tax, so all transient rentals should be subject to the same tax. The revenues generated support
local services, including but not limited to, public safety, snow removal, maintenance of public
parks and facilities, road maintenance, and recreation programs, which directly affect local
quality of life and the attraction of the community for a visitor.
This proposal will make it much easier for communities such as Mammoth Lakes that depend
on revenue from TOT to enforce existing rules and regulations and collect TOT as specified in
our Municipal Code. Mammoth Lakes relies heavily on TOT collection to operate the Town
government; nearly 65% of the Town's operating budget is funded by the collection of TOT.
36
912115 CC A EN A PACKET PAGE 43.E
Collection of TOT is so important to the Town that we have three full -time employees dedicated
its enforcement. This includes making sure that people remit their taxes on time, but more
importantly it is tracking down violators who are renting their units without an approved permit,
renting units in locations where the zoning does not permit it, and /or not remitting their taxes to
the Town. Enforcement is made much more difficult by the use of online vacation rental
business (OVRB) websites where unit numbers and addresses are typically not listed and often
owners do not require the payment of TOT. The data proposed to be collected and provided to
us by OVRBs will be of great value as we manage transient rentals in our community.
The Town of Mammoth Lakes believes SIB 593, as referenced in the proposed resolution,
acknowledges existing local authority in this area and provides the necessary data for local
jurisdictions to enforce their regulations regarding short -term residential rentals and a helpful
regulatory framework that local governments may choose in lieu of exercising their existing
authority.
For all of these reasons, the Town of Mammoth Lakes supports the League California Cities'
Resolution.
Sin
37
912115 CC A EN A PACKET PAGE 436
0
MAYGIR kl%[) CII "'IrY couicIIP,,,,,
July 27, 2015
Stephany Aguilar, President
League of California Cities
1400 K Street
Sacramento, CA 95814
Dear President Aguilar:
RE: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING SB 593 (MCGUIRE)
AND CONTINUED LOCAL FLEXIBILITY FOR CITIES AS THEY ADDRESS NEIGHBORHOOD AND
FISCAL IMPACTS OF TEMPORARY RENTALS OF RESIDENTIAL UNITS FOR TOURIST OR
TRANSIENT USES
The City of Napa supports the proposed resolution related to the Sharing Economy and concurs in the
submission of the resolution for consideration by the League of Cities General Assembly at its annual
meeting on October 2, 2015.
The resolution reaffirms and acknowledges local efforts to effectively regulate land use impacts and
collect applicable taxes from transient residential rentals as part of the emerging "shared economy ".
The short -term rental of residential houses, rooms, condominiums, and apartments present numerous
challenges within neighborhoods and to adjacent property owners. They may create additional noise,
traffic, parking, privacy and public safety issues, subvert local rent - control laws, decrease available
housing stock and in some cases turn residential neighborhoods into de -facto hotel rows.
The City of Napa's zoning ordinance defines a "Rental Housing Shortage" as a vacancy rate less than
5 %. A vacancy rate of less than 2% is defined as "Severe ". We are currently at severe levels. The City's
vacancy rates have continued to decline from 4% in 2009 to less than 2% today. Our Housing Element
recognizes the issue of rising housing costs in Napa and its impact on the goal of maintaining Napa's
quality of life by balancing the availability of housing with other environmental considerations. Maintaining
and protecting our housing stock is of utmost importance to the City of Napa.
Where the temporary rental of residential units is allowed by local regulation, the associated transient
occupancy tax (TOT) should also be collected. These units are in direct competition with hotels, motels
and other accommodations where guests pay the local transient occupancy tax, so all such uses should
be subject to the same tax. The revenues generated support local streets, roads, fire, police, lifeguards,
trash pick -up, park maintenance and other local public services which directly affect local quality of life
and the attraction of the community for a visitor.
The City of Napa believes SB 593, as referenced in the proposed resolution, acknowledges existing local
authority in this area and provides the necessary data for local jurisdictions to enforce their regulations
City Hall: 955 School Street I Mailing Address: PO Box 660 Napa, California 94559 1 Phone (707) 257-95001 www.cityofnaPa.org
Page 1 of 2
38
912115 CC A EN A PACKET PAGE 437
regarding short -term residential rentals and a helpful regulatory framework that local governments may
choose in lieu of exercising their existing authority.
For the reasons as stated above, the City of Napa supports the proposed Resolution.
Sincerely,
Jill Techel
Mayor
CITY OF NAPA
JT /dr
cc: City of Napa City Councilmembers
Meg Desmond, League of California Cities, mdesmondacacities.org
John Leonard, City of West Hollywood, ileonard(o-)weho.org
City Manager Mike Parness
Community Development Director Rick Tooker
City Hall: 955 School Street I Mailing Address: PO Box 660 Napa, California 94559 1 Phone (707) 257-95001 www.cityofnaPa.org
Page 2 of 2
39
912115 CC A EN A PACKET PAGE 438
CITY OF PIEDMONT
ml1Slld
July 30, 2015
League of •
I'll K Street
Sacramento,
..I 1 Law .1 . • •; •1-
The resolution reaffirms 1 acknowledges local efforts 1 effectively regulate land use
emerging impacts and collect applicable taxes from transient residential rentals as part of the
-/ economy".
The short-term rental of residential houses, rooms, condominiums, and apartments
present numerous challeng- " 11• Ill: and to adjacent property owners.
They may create additional noise, traffic, parking, privacy and public safety issues,
subvert local rent-control laws, decrease available housing stock and in some cases turn
residential neighborhoods into de-facto hotel rows.
The City of Piedmont believes SB 593, as referenced in the proposed resolution,
acknowledges / cal authority in this area and provides the necessary data •
local jurisdictions to enforce their regulations regarding short-term residential rentals and
120 VISTA AVENUE / PIEDMONT / CALIFORNIA 94611 / 510: 420 -3040
40
912115 CC A EN A PACKET PAGE 439
a helpful regulatory framework that local governments may choose in lieu of exercising
their existing authority.
For these reasons, the City of Piedmont supports the Resolution.
cc: Meg Desmond, League of California Cities, mdesmond(&,,cacities.org
John Leonard, City of West Hollywood, jleonard(a weho.org
41
912115 CC A EN A PACKET PAGE 440
MAYOR AND CITY COU NCI 1,
809 Center Street, Room 10, Santa Cruz, CA 95060 - (831) 420-5020 • Fax: (831) 420-5011 - citycouncil@cityofsantacruz,com
July 27, 2015
Ms. Stephany Aguilar, President
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
RE: A RESOLUTION OF TIIE LEAGUE OF CALIFORNIA CITIES SUPPORTING SB 593
(McGUIRE) AND CONTINUED LOCAL FLEXIBILITY FOR CITIES AS THEY ADDRESS
NEIGHBORHOOD AND FISCAL IMPACTS OF TEMPORARY RENTALS OF
RESIDENTIAL UNITS FOR TOURIST OR TRANSIENT USES
Dear President Aguilar:
As Mayor of the City of Santa Cruz, I am writing in support of the proposed resolution related to the
Thriving Communities and Sharing Economy Act and concur in the submission of the resolution for
consideration by the League of California Cities (LOCC) General Assembly at its annual meeting on
October 2, 2015.
The resolution reaffirms and acknowledges local efforts to effectively regulate land use impacts and
collect applicable taxes from transient residential rentals as part of the emerging "shared economy."
The short-term rental of residential houses, rooms, condominiums, and apartments present numerous
challenges within neighborhoods and to adjacent property owners. Such rental situations may create
additional noise, traffic, parking, and privacy and public safety issues; subvert local rent control laws;
decrease available housing stock; and, in some cases, turn residential neighborhoods into de facto hotel
rows.
Where the temporary rental of residential units is allowed by local regulation, the associated Transient
Occupancy Tax (TOT) should also be collected. These units are in direct competition with hotels,
motels, and other accommodations where guests pay the local TOT, so all such uses should be subject
42
912115 CC AGENDA PACKET PAGE 441
Ms. Stephany Aguilar, Presict,,it
July 27, 2015
Page 2
to the same tax. The revenues generated support local streets, roads, fire, police, lifeguards, trash
collection, park maintenance, and other local public services which directly affect local quality of life
and make the community attractive to a visitor.
I believe SB 593, as referenced in the proposed resolution, acknowledges existing local authority in
this area and provides the necessary data for local jurisdictions to enforce their regulations regarding
short-term residential rentals and a helpful regulatory framework that local governments may choose in
lieu of exercising their existing authority.
For these reasons, I support the proposed resolution and hope that the LOCC will consider adoption of
this resolution at its October conference.
Sincerely,
Dor -Eane
Mayor
cc: Meg Desmond, League of California Cities, mdesmond@cacities.org
John Leonard, City of West Hollywood, LIeonardQweho.org
P:\CMAD\Word(Wpfiles)\SUZANNEU\MayordI 2014-2015\Letters\SB 593 Aguilar.docx
43
912115 CC AGENDA PACKET PAGE 442
c.tv of
Santa
July 24, 2015
8llaymrKeviirt Mcl(eowin
("o uricilryi embers
Gleamn Davis
SuieHimmeriah
Pam 0rCowinor
'Ferry O'Day
Ired Wivitemer
StephanyAguibr, president
LeaBueofCa|MorniaCities
1400 KStreut
Sacmmepm'[D958z4
Dear president Aguilar:
RE: A RESOLUT110N OF "I'MH LEAGUE OF CALIFORNIA crru-,,,,s S0PK0R`HWG SB 593 (*�0@LRE) 8N:C0��NUEULQ{AL
FLE%8|LnY FOR OT[ESxSTHFYAPQR�S NEIGHBORHOOD AND F|5C4L 8PA�S
OF TEMPORARY RENTALS OF
RES|0ENT|ALVNI I S FOR TOURIST ORTRAWS|ENTUSES
The Qty of Santo Monica supports the proposed resolution related to the Sharing Economy and concurs in the
submission of the resolution for consideration by the League of Odcs General 4uscmh}y at iB annual meeting on
Qctobo2,201.5.
The resolution re.affirrris arid ackinowleclFes local efforts to effectively regUlate land use irnpacts Ind collec,[. applicable,
taxes frorn transient residential rentals as parf of the eaierging "shar(,,.d econoray",
The short-tern wmu| of msidenda} houses, ^mm4 condominiums, and apartments presem numerpuu oha|�nge
within nei8hborhouds and to adjacent pmpeuyovomeo. They may create addilionn| noise, traffic, parking,, privacy
and public oafet.y issues, subvert local rent control hm^, decrease available housing stock and in some cases mm
residential neighborhoods into de|ficm hotel rows,
Where 8mtemmnrawvcmo| of: reddenVo| units |s allowed by local regu|adon'd.eass"c|atedtmngentoccupancytax
(nOT ) should also be coUeu:ed. These units are in diectoomPegitipn Whb hmz|s, mote|saod mheraccommodatiom
Where [)@Ythe local transierit occupancy tax, so all such uses should be subject Lo the sarrie tax. 11're �venues
genemtedsupport local stteets, mmds,0na police, |Keguaods,tmyh pick-up, pmrkma|ntenanre and other local public
:euxozswhich6irecUyoffect|oco|qua|ityof[Ueandtheattmcdonoftheuommi,�nU9foravbkoc
The City of Sama Monica believes §B 593 as mf nen*a('1 in the proposed resolution, ackrioodedges existing local
authority in this auo and provides the neceouam data for local juhsdicdonotn enforce their regulations rc�gaN|niy,
ohu«tarm residential mnta}s and a helpful negu|atmy framework that local gnvernmwnm rnmy choosn in lieu of
exeniuinQ their existing, authority,
In Santa Monica, a city of just over 90,000 residents, passage of SB 593 in concurrence with our local ordinarrce, will
generate estimated annual revenues of approximately �138,580 in Transient Occupancy Tax and would return
appmximatc!y1,OOD units m the housing market
For these reasorrs, rhe Cil:y of Santa Monica SUI)POITS 1:110WWxReSOImi0o,
Sincerely,
nev|nrwcKepwn
I\Jayor
CC Meg Dmsmond, League nf California CkJes,
16,85IVlainS v e t PO Box )MO ',,onla Monica °[A901107��
»c|�3104S881M1 -10443�lGZ1 � emaiLoouuci|�&mgnxnei
912115 CC AGENDA PACKET PAGE 443
- Citp of *onoma
No. 1 The Plaza
Sonoma California 95476 -6690
Phone (707) 938 -3681 Fax (707) 938 -8775
E -Mail: cityhall @sonomacity.org
d
July 27, 2015
Stephany Aguilar, President
League of California Cities
1400 K Street
Sacramento, CA 95814
Dear President Aguilar:
RE: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING SB 593
(MCGUIRE) AND CONTINUED LOCAL FLEXIBILITY FOR CITIES AS THEY ADDRESS
NEIGHBORHOOD AND FISCAL IMPACTS OF TEMPORARY RENTALS OF RESIDENTIAL
UNITS FOR TOURIST OR TRANSIENT USES
The City of Sonoma supports the proposed resolution related to the Sharing Economy and
concurs in the submission of the resolution for consideration by the League of Cities General
Assembly at its annual meeting on October 2, 2015.
The resolution reaffirms and acknowledges local efforts to effectively regulate land use impacts
and collect applicable taxes from transient residential rentals as part of the emerging "shared
economy ".
The short -term rental of residential houses, rooms, condominiums, and apartments present
numerous challenges within neighborhoods and to adjacent property owners. They may create
additional noise, traffic, parking, privacy and public safety issues, subvert local rent - control laws,
decrease available housing stock and in some cases turn residential neighborhoods into de-
facto hotel rows.
Where the temporary rental of residential units is allowed by local regulation, the associated
transient occupancy tax (TOT) should also be collected. These units are in direct competition
with hotels, motels and other accommodations where guests pay the local transient occupancy
tax, so all such uses should be subject to the same tax. The revenues generated support local
streets, roads, fire, police, lifeguards, trash pick -up, park maintenance and other local public
services which directly affect local quality of life and the attraction of the community for a visitor.
The City of Sonoma believes SB 593, as referenced in the proposed resolution, acknowledges
existing local authority in this area and provides the necessary data for local jurisdictions to
enforce their regulations regarding short -term residential rentals and a helpful regulatory
framework that local governments may choose in lieu of exercising their existing authority.
The City of Sonoma is a tourist destination and the proliferation of vacation rentals is a top
priority for City staff. The workload in monitoring and attempting to ensure compliance with local
45
912115 CC A EN A PACKET PAGE 444
regulations is over - burdening our small staff. In addition, the sale of available housing has
become a market for out of town investors to purchase and create new vacation rentals.
Without legislative intervention, vacation rentals become an epidemic in a desirable destination
location and the local residents "pay the price ".
For these reasons, the City of Sonoma supports the League's Resolution.
Sincerely,
Carol E. Giovanatto
City Manager
For and on behalf of the City of Sonoma
cc: Meg Desmond, League of California Cities, mdesmonda- cacities.orq
John Leonard, City of West Hollywood, jleonard(a�weho.org
46
912115 CC A EN A PACKET PAGE 44.E
LETTERS OF CONCURRENCE
Resolution No. 4
Compensation for Prolonged Electrical Power Outages
47
912115 CC A EN A PACKET PAGE 446
�T
July 30, 2015
Stephany Aguilar, President
League of California Cities
1400 K St., Ste. 400
Sacramento, CA 95814
Dear President Aguilar:
AV
�� / • �/
r
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254 -3885
The City of Hermosa Beach supports the City of Rancho Palos Verdes' effort to submit a resolution for
consideration by the General Assembly at the League's 2015 Annual Conference in San Jose.
The City of Rancho Palos Verdes' resolution seeks to address the failure of Southern California
Edison (SCE) to reasonably compensate its customers for losses incurred due to prolonged service
disruptions. Prolonged electrical outages jeopardize the public safety, health and general welfare of
the communities within SCE's service area. Among the populations that are most at risk as a result of
outages are:
Customers with physical challenges who rely on a constant source of power for medical devices;
Customers who are senior citizens and are particularly susceptible to injury if power outages
persist for long periods of time into evening hours; and,
Customers who suffer financial burdens as a result of losing food, medication and other perishable
items during prolonged power outages.
At least one other California utility, Pacific Gas and Electric (PG &E), provides automatic, direct
rebates to its customers in the event of prolonged power outages for a variety of causes, including
severe weather and other planned and unplanned outages. Rebates are provided automatically to
PG &E's customers without filing a claim, which we believe demonstrates that such a program is
feasible for SCE as well.
As a member of the League, our city values the policy development opportunity provided by the
Annual Conference Resolution process. We appreciate your time and consideration of this important
issue. Please feel free to contact Andrew Brozyna at (310) 318 -0238 or abrozynaa- hermosabch.orq if
you have any questions.
Sincerely,
Tom Bakaly
City Manager
48
912115 CC A EN A PACKET PAGE 447
CITY COUNCII
HEN RY SANCHEZ JR..
JIM GAZELEY
MICHAEL G. SAVIDAN
BI EN TRAIN A
MARK WARONEK
HUFAW-011MR
Le gue of California Cities
1400 400
Sacramento, CA 95814
CCTV OF LOMITA
1.1 - - �- - -1
The City of Rancho Palos Verdes' resolution seeks to address the failure of Southern California
Edison (SCE) to reasonably compensate its customers for losses incurred due to prolonged service
Oisruptions. Prolonged electrical outages jeopardize the public safety, health and general welfare of
the communities within SCE's service area, Among the populations that are most at risk as a result of
outages are:
• Customers with physical challenges who rely on a constant source of power for medical devices;
• Customers who are senior citizens and are particularly susceptible to injury if power outages
persist for long periods of time into evening hours; and,
• Customers who suffer financial burdens as a result of losing food, medication and other perishable
items during prolonged power outages.
At least one other California utility, Pacific Gas
rebates to its customers in the event of prolonged
severe weather and other planned and unplanned
PG&E's customers without filing a claim, which
leasible for, SCE as well.
As a member of the League, our city values the policy development opportunity provided by the
Annual Conference Resolution process. We appreciate your time and consideration of this important
issue. Please feel free to contact Laura Vander Neut, Management Analyst at (310) 325-7110, ext.
151 or l,vandgfng_q!�@1oq Litgc oM if you have any questions.
- IMMM�= Monme
CITY HALL OFFICES - P.0, BOX 339 - 24300 NARBONNE AVUINUE, LOMITA * CALIFORNIA 90717
(3 10) 325-7110 - FAA (310) 325-4024. "jWrW.1oniita.corn/cityha11
49
912115 CC AGENDA PACKET PAGE 448
July 29, 2015
Stephany Aguilar, President
League of California Cities
1400 K St., Ste. 400
Sacramento, CA 95814
Dear President Aguilar:
OFFICE OF
THE MAYOR
The City of Palos Verdes Estates supports the City of Rancho Palos Verdes' effort to submit a resolution for
consideration by the General Assembly at the League's 2015 Annual Conference in San Josh.
The City of Rartebo Palos Verdes' proposed resolution seeks to address the failure of Southem California
Edison (SCE) to reasonably compensate its customers for losses incurred due to prolonged service disruptions.
Prolonged electrical outages jeopardize the public safety, health and general welfare of the communities within
SCE's service area. Among the populations that are most at risk as a result of outages are:
• Customers with physical challenges who rely on a constant source of power for medical devices;
• Customers who are senior citizens and are particularly susceptible to injury if power outages persist for
long periods of time into evening hours; and,
• Customers who suffer linancial burdens as a result of losing food, medication and other perishable items
during prolonged power outages.
At least one other California utility, Pacific Gas and Electric (PG&E), provides automatic, direct rebates to its
customers in the event of prolonged power outages for a variety of causes, including severe weather and other
planned and unplanned outages. Rebates are provided automatically to PG&E's customers without filing a
claim, which we believe demonstrates that such a program is feasible for SCE as well.
As a member of the League, our City values the policy development opportunity provided by the Annual
Conference Resolution process. We appreciate your time and consideration of this important issue. Please feel
free to contact City Manager Anton DahlerbrLich at 310.378.03 83 or adahlerbruch@pvestates.org if you have
any questions.
Sincerely,
,4arn, Goo ,art
Mayor
Enclosure.- Rancho Palos Verdes Proposed League Resolution
340 Palos Verdes Drive West, Palos Verdes Estates, (91 `/15 CC AGENDA PACKET PAGE 449
July 30, 2015
Stephany Aguilar, President
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
Dear President Aguilar,
NO, 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF 90274
(310) 377.1521
FAX: (310) 377-7288
The City of Rolling Hills supports the City of Rancho Palos Verdes' effort to submit a resolution
for consideration by the General Assembly at the League's 2015 Annual Conference in San Jose.
The City of Rancho Palos Verdes' resolution seeks to address the failure of Southern California
Edison (SCE) to reasonably compensate its customers for losses incurred due to prolonged
service disruptions. Prolonged electrical outages jeopardize the public safety, health and general
welfare of the communities within SCE's service area. Among the populations that are most at
risk as a result of outages are:
Customers with physical challenges who rely on a constant source of power for medical
devices;
Customers who are senior citizens and are particularly susceptible to injury if power outages
persist for long periods of time into evening hours; and,
Customers who suffer financial burdens as a result of losing food, medication and other
perishable items during prolonged power outages.
At least one other California utility, Pacific Gas and Electric (PG&E), provides automatic, direct
rebates to its customers in the event of prolonged power outages for a variety of causes, including
severe weather and other planned and unplanned outages. Rebates are provided automatically
to PG&Es customers without filing a claim, which we believe demonstrates that such a program
is feasible for SCE as well.
As a member of the League, our city values the policy development opportunity provided by the
Annual Conference Resolution process. We appreciate your time and consideration of this
important issue. Please feel free to me at (310) 377-1521 or rcruz@cityofrh.net if you have any
questions.
Sincerely,
Raymond R. Cruz
City Manager
RC:hl 07-30-15RPV—League—ResolutionConcurrence�-SCE
Mayor and City Council
51 dlft
912115 CC AGENDA PACKET PAGE 45 0
JOHN C. ADDLEMAN
Mayor
CEVEN ZUCKERMAN
Mayor Pro 7' In
BRITT BUFF
Council Member
JUDY MITCHELL
Council Menebo a 0 0 0
00 00
FRANK ZERUNYAN
Council Member
iUGLAS R. PRICIIARD
City Manager
July 29, 2015
Stephany Aguilar, President
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
Dear President Aguilar:
CITY OF
ROLLING HILLS ESTATES
4045 PALOS VERDES DRIVE NORTH o ROLLING HILLS ESTATES, CA 90274
TELEPHONE 310.377.1577 FAX 310377.4468
wwwci .Rolling - Bills- Estates.ca.us
As Mayor of the City of Rolling Hills Estates, I support the City of Rancho Palos Verdes'
effort to submit a resolution for consideration by the General Assembly at the League's
2015 Annual Conference in San Jose.
The proposed resolution seeks to require reasonable compensation to Southern
California Edison (SCE) customers for losses incurred due to prolonged service
disruptions which jeopardize the safety, health and general welfare of the communities
within SCE's service area. Among the populations that are most at risk as a result of
these outages are:
*Customers with physical challenges who rely on a constant source of power for
medical devices;
*Customers who are senior citizens and are particularly susceptible to injury if
power outages persist for long periods of time into evening hours; and
*Customers who suffer financial burdens as . result of • : food, medication
• other perishable items during prolonged •• outages.
I urge the League to place this matter before the General Assembly for consideration.
Please feel free to contact me if you have any questions.
JCA:hn
52
912115 CC AGENDA PACKET FACE 451