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05/04/16 CC AGENDA PACKET
BAKERSFIELD CITY COUNCIL AGENDA MEETING OF MAY 4, 2016 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 PM REGULAR MEETING - 5:15 PM 1. ROLL CALL 2. INVOCATION by Dr. Danielle Wright, Freedom Worship Center. 3. PLEDGE OF ALLEGIANCE by Nevaeh Herrera, 3rd grade student at Princeton Elementary School in Delano. 4. PRESENTATIONS a. Presentation by Mayor Hall of two AED units to Wastewater Manager Zac Meyer, and one AED unit to Water Resources Manager Art Chianello, for installation in their respective locations. b. Presentation by Mayor Hall of a Proclamation to Adam Kahler, Bike Bakersfield Program Manager, declaring May 2016 Bike Month, and May 20, 2016, Bike to Work Day. C. Presentation by Mayor Hall of a plaque to Don Lucas, owner of Don Lucas Jewelry, recognizing the company's beautification efforts. 5. PUBLIC STATEMENTS a. Written material submitted during Public Statements portion of the meeting. 6. WORKSHOPS a. FY 2016-17 Proposed Budget Overview. 7. APPOINTMENTS 8. CONSENT CALENDAR Staff recommends adoption of Consent Calendar items. Minutes: a. Approval of minutes of the April 20, 2016, Regular City Council Meetings. 05104116 CC AGENDA PAGE 1 Payments: b. Receive and file department payments from April 8, 2016 to April 21, 2016, in the amount of $14,501,842.98, Self Insurance payments from April 8, 2016 to April 21, 2016, in the amount of $345,930.86 totaling, $14,847,773.84. Ordinances: Resolutions: C. Resolution authorizing the submittal of applications for payment programs for Department of Resources Recycling and Recovery ("Cal Recycle") Grants for Fiscal Years 2015/16 through 2020/21. d. 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. Ward(s) 1, 2, 6 e. Resolutions adding the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report for each: 1. Area 3-101 (5001 Lisa Marie Court) — Ward 6 2. Area 4-144 (Ralston Street & Dr. Martin Luther King, Jr. Boulevard) — Ward 1 3. Area 4-145 (2115-2125 18th Street) — Ward 2 4. Area 4-146 (901 18th Street) — Ward 2 Ward 3 f. Resolution to form a Traffic Signal Maintenance District designated as TS-26 (northwest corner of Morning Drive and Highland Knolls Drive) and approving, confirming, and adopting the Public Works Director's Report. 9. Resolution of Intention No. 1876 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District ("CMD" herein) and the 2016-2017 budget and setting the time and place for hearing protests regarding the amount of park landscaping assessments to be levied throughout the CMD. h. Resolution of Intention No. 1877 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District ("CMD" herein) and the 2016-2017 budget and setting the time and place for hearing protests regarding the amount of street and median landscaping assessments to be levied throughout the CMD. 05104116 CC AGENDA PAGE 2 Resolution of Intention No. 1878 preliminarily adopting, confirming and approving the Public Works Director's Report for twenty (20) Traffic Signal Maintenance Districts ("TSMD" herein) and their 2016-2017 budgets and setting the time and place for hearing protests on the amount of Traffic Signal assessments to be levied for each TSMD. Agreements: Ward 2 j. Agreement with the Housing Authority of the County of Kern (HACK) for $1,500,000 U.S. Department of Housing (HUD) HOME Investment Partnership (HOME) funds for the rehabilitation of affordable housing units located at 601 36th Street and 1420 Monterey Street. Ward I k. Final Map for Tract 6297 Phase 5, located north of Redbank Road between S. Oswell Street and S. Sterling Road. Ward 3 1. Amendment to Ming Lake Temporary Service Agreement with County of Kern for replenishment of water. M. Amendment No. 3 to Agreement No. 13-091 with Safeway Sign Co. ($75,000; revised not to exceed $260,893.40 and extend term one year), to continue the supply of traffic signs. Ward 3 n. Contract Change Order Nos. 1, 12, 15, 17, 18, 19, 20 and 21 to Agreement No. 15-094 with Granite Construction Company ($12,683.36; revised not to exceed $22,365,091.36; change orders funded with Federal Earmark Funds {88.53%} and Capital Outlay Utility/Roads Fund {11.47 % }) for the State Route 178 Widening Construction Project (TRIP). Property Acquisition Agreements -TRIP: Ward 2 0. Agreement with Cheryl Ann Hyde-Reid ($170,000) to purchase real property located at 128 Dunlap Street for the Centennial Corridor Project. Ward 2 P. Agreement with Sajid and Melanie Miller ($257,000) to purchase real property located at 4300 La Mirada Drive for the Centennial Corridor Project. Ward 2 q. Agreement with FANNIE MAE ($137,000) to purchase real property located at 105 Morrison Street for the Centennial Corridor Project. Bids: r. Accept bid from Zones, Incorporated ($46,614.74), for Ubiquiti Wireless Equipment for the City's Communication Network. S. Accept bid from Turf Star, Incorporated ($170,783.04) for the purchase of three replacement riding mulching wide area lawn 05104116 CC AGENDA PAGE 3 mowers for use by the Recreation and Parks Department. Miscellaneous: t. Appropriate $8,640 contributions from the Bakersfield Foundation to the Police Department Operating Budget within the General Fund for the purchase of a Police Canine. Ward 2 U. Appropriate $12,000 in Transportation Development Act - Article 3 grant funds to install bicycle parking racks in the downtown area to the Public Works Department's Capital Improvement budget within the Bikeway and Pedestrian Pathway Fund. V. Appropriate $720,878 Federal Grant funds from the USDA Forest Service and the USDI Bureau of Land Management and $125,931 State Grant funds from the California Office of Emergency Services to the Fire Department Operating budget within the General Fund for reimbursement of personnel and equipment costs on state-wide master mutual aid assignments. Ward(s) 3, 4 W. North Beltway — 7th Standard Road Cleanup Actions: 1. Appropriate $1,116,161 County Local TRIP funds to the North Beltway project; 2. Appropriate $1,116,161 Federal Beltway Earmark funds to the Centennial Corridor Project; and 3. Appropriate $1,696,624 Federal Beltway Earmark funds to the Centennial Corridor Project. Successor Agency Business: 9. CONSENT CALENDAR PUBLIC HEARINGS Staff recommends conducting Consent Calendar Public Hearing and approval of items. 10. HEARINGS a. Budget and Finance Committee Report regarding FY2016-17 Community Development Block Grant (CDBG - $3,260,214), HOME Investment Partnership (HOME - $1,088,202), Housing Opportunities for Persons with HIV/AIDS (HOPWA — $384,538) and Emergency Solutions Grant (ESG — $287,896) Annual Action Plan submittal (Total - $5,043,930), and HOPWAAmendment to the Consolidated Plan 2020. Staff recommends acceptance of the report, and authorization by the City Manager to execute all necessary documents required to submit the Annual Action Plan and HOPWA Consolidated Plan Amendment to HUD. 11. REPORTS 05104116 CC AGENDA PAGE 4 12. DEFERRED BUSINESS 13. NEW BUSINESS 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT 05104116 CC A EN A PAGE 5 ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Presentations 4. a. TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: 3/22/2016 111-11 V 03 SUBJECT: Presentation by Mayor Hall of two AED units to Wastewater Manager Zac Meyer, and one AED unit to Water Resources ManagerArt Chianello, for installation in their respective locations. STAFF RECOMMENDATION: BACKGROUND: 05104116 CC AGENDA PAGE 6 ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Presentations 4. b. TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: 4/18/2016 111-11 V 03 SUBJECT: Presentation by Mayor Hall of a Proclamation to Adam Kahler, Bike Bakersfield Program Manager, declaring May 2016 Bike Month, and May 20, 2016, Bike to Work Day. STAFF RECOMMENDATION: BACKGROUND: 05104116 CC AGENDA PAGE 7 ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Presentation 4. c. TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: 4/18/2016 111-11 V 03 SUBJECT: Presentation by Mayor Hall of a plaque to Don Lucas, owner of Don Lucas Jewelry, recognizing the company's beautification efforts. STAFF RECOMMENDATION: BACKGROUND: 05104116 CC AGENDA PAGE 8 ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Public Statements 5. a. TO: Honorable Mayor and City Council FROM: Roberta Gafford, City Clerk DATE: 111-11 V 03 SUBJECT: Written material submitted during Public Statements portion of the meeting. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description D MaiMin 1'.)ean Type Correspondence 05104116 CC AGENDA PAGE 9 Ra a� a '.7 U :P r t efa..m My name is Marvin Dean Speaking on behalf of KMCA & San Joaquin Valley High Speed Rail Association Am here tonight to make announcement and make request > KMCA 9th Annual HSR & Public Contracting Conference May 10 -13, 2016 > Request from City of Bakersfield > May 10, 2016 @ 5:30 -8:30 PM SJVHSRA is hosting a community reception guest speaker will be CHSRA Chairman Dan Richard @ Downtown Marriott Hotel • Request Vice Mayor Hanson & Doug McLsaac to come reception for City > May 13, 2016 @ 7:30AM -5 PM KMCA Conference General Session @ Marriott Hotels • City County Willie Rivera welcome 8AM Job Forum attendee • Mayor Hall bring welcome general session attendee @ 8;30 AM • Trip Staff panel 1 Trip project overview @ 9:30 AM • Purchasing Staff panel 2 How to do business with city @ 10:30 AM • Public Work Director Speaker Luncheon 12:30 -1:30 PM update overview centennial corridor project & DBE opportunity • City agency vendor outreach table hand out materials 9am -5pm For more information see handout attach or visit conference website www.sjvannualpce.info 05104116 CC AGENDA FACE 1 Aarnolt., UAKEIMFIELD AT' THE CONVENTION CENTER > San Joaquin Valley High Speed Rail Association Business & Community Invited "Meet & Greet" Reception California High Speed Rail Authority- Special Guest Chairman Dan Richard - Confirmed Time: 5:30 — 8:30 PM * Ballroom A Date: May 10, 2016 - Tuesday > KMCA Business Resource & Training Center Open House Tour Time: 9:30 AM - 12 Noon @ 1330 E. Truxtun Ave Date: May 11, 2016:- Wednesday ➢ KMCA Conference Mixer No Host Bar I Music Time: 5:30 - 8:30 PM * Pool Side Area Date: May 12, 2016 - Thursday > KMCA 9th Annual SB/DBE/DVBE & Jobs Conference General Session & Vendor Marketplace Workshops / Luncheon Guest Speakers Time: 7:30 AM -5 PM) * Ballroom A — D ,Date: May 13, 2016 — Friday Kern Minority Contractors & San Joaquin Valley High Speed Rail Association PH #661-324-7535 / Email: kmca@att.net Register: www.s.jvannualVce.info 05104116 CC AGENDA PAGE 11 W • • 1119][ , • . • f Construction Academy Job Readiness Boot Camp Information Meeting 4TH Tuesday Each Month Time: 7 — 9 AM Location: 1330 E. Truxtun Ave, Bakersfield Kern Minority contractors & San Joaquin Valley Nigh Speed Rail Association PH #661 -324 -7535 / Email: kmca@att.net Register: www.sjvannualpce.info 05104116 CC A EN A PAGE 12 ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Workshops 6. a. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: 4/28/2016 111-11 V 03 SUBJECT: FY 2016-17 Proposed Budget Overview. STAFF RECOMMENDATION: BACKGROUND: Staff from the City Manager's Office will provide the City Council with an overview of the FY 2016-17 Proposed Budget. ATTACHMENTS: Description D PoweirP6int Piresentadon Type Piresentadon 05104116 CC AGENDA PAGE 13 FIECE'.1VE AND ON F`l I,: AT C(, MEETIN -, .,, �11 SP 5/4/2016 woy'Miries 1�0 C,\, 0'vervie',,d6/ Sales tax revenues continue slide due to depressed oil prices Continued increases to PERS and healthcare costs Must adjust spending plan to fit within available resources General Fund based operations will be impacted: Reduction in full time, vacant positions Special projects Intervals for maintenance (streetscapes, parks) Staff continues to focus on providing the best possible services to residents and visitors despite the difficult circumstances 1 05104116 CC AGENDA PAGE 14 Countywide oil sector employment down 21 % since March 2015 (11,600 to 9,200) a/ City unemployment rate: 10.4% r?, Countywide unemployment rate: 11.6% Statewide 5.6% Drilling activity down 85 %± since fall 2014 Price per barrel of oil down 65 %± since summer 2014 Positive gains since mid -year budget update in Then: $23 /bbl Now: $40 /bbl Result: less spending on taxable goods /services A Direct oil- related purchases As of last sales tax report, oil & gas service & equipment category down 42% compared to same quarter in 2014 Service station sales tax revenues off by 17.5% Indirect — disposable income purchases are reduced Sales tax from new car sales down 4% in Q4 Department store sales tax revenues down 1 % in Q4 5/4/2016 2 05104116 CC A EN A PAGE 15 Positive IIIr`, ° I e w s Development Activity remains steady Single Family Home Permits thru April 2016: 430 Same period in 2015: 520 Solar permitting activity remains steady - 1,695 permits (YTD 2016), compared to 1,701 (YTD 2015) Staff continues to apply for various grants that maximize local dollars U Local road maintenance /infrastructure Bike and pedestrian infrastructure Hazard mitigation Employee wellness programs Secured Property Tax: +3% based on discussions with County Assessor's Office Sales Tax Revenue: -5% trending for FY 2015 -16 Reductions of approximately $3.5 million to General Fund 0% growth for FY 2016 -17 Compounding impact which resulted in $3.5+ million needing to be reduced to balance FY 2016 -17 General Fund budget Development Revenues: rz,"Yi -2% projection for FY 2016 -17 5/4/2016 3 05104116 CC A GENDA PA GE 16 w a fl,,, „i e Ij R e ,v i' 114' u i e It ' Ij' n s Transient Occupancy Tax: 0 -5% projected for FY 2016 -17 Police Asset Forfeiture: Budgeted in the amount of $1.5 million for callback /overtime in FY 2016 -17 a, Alleviates further need to reduce General Fund appropriations at this time ci b o r, cut s All public safety COLA "catch up” provisions are completed as of FY 201516 No cost of living adjustments included in FY 2016- 1 7 budget Staff will continue discussions with labor groups on new agreements 5/4/2016 2 05104116 CC A GENDA PA GE 17 a r' a r° �y o �S1, ,� �f i ����� �en�, [ i ( :j iii i ����s dO M u Proposed complement reflects the reduction of 13 full time, vacant positions within the General Fund One additional reduction — Arena (Transient Occupancy Tax) Two civilian positions within Police are anticipated to become vacant mid -year — proposed to be frozen at that time No change in public safety sworn complements at this time wh m °w es', µ Savings to General Fund = $1,000,000± for FY 2016 -17 Savings from position reductions included in respective department budgets for FY 2016 -17 Including proposed changes, complement remains 5.7% or 93 positions below FY 2008 -09 level 5/4/2016 5 05104116 CC A GENDA PA GE 18 t ,j rr Ili r i c:,i r y o Id „ , o,nw ' I rll g e s Arena (1) Maintainer - Rabobank Public Works (1) Computer Drafting Tech Public Works (1) Engineering Technician Public Works (1) Maintenance Craftworker I Public Works (1) Service Maintenance Worker Public Works (1) Construction Inspector II Community Development (1) Chief Code Enforcement Officer Community Development (1) Associate Planner I Executive /City Clerk (1) Clerk Typist I Executive /Information Technology (1) GIS Technician Recreation and Parks (3) Laborer Recreation and Parks (1) Clerk Typist I tII ^� W;... fl`1 h �1 �u p� I �y ,j II� �l,m,�i �,W �� muw ill ,y o�x�u`I�� !� c i i f M1Y `�; � �Ca,�, 1 ,@I 1 M e . s u Citywide Complement by Fiscal Year 5/4/2016 A 05104116 CC A GENDA PA GE 19 Proposed (". a i e s t( : :> U t i If t ' l ci l e s Refuse: +3% for a single - family customer rates $190.02 to $195.72 annually a Proposed 2nd rate increase in previous 5 years Sewer: +2.4% for single - family customer rates $210 to $215 annually r „�, Proposed 2nd rate increase in previous 5 years Domestic Water: +3.5% quantity rates, readiness to serve charge and the private fire protection service charge Dollar impact variable based on actual water usage and meter size First proposed rate increase since 2010 Public Hearings: June 8h 0 Fleet Services scheduled to replace $6.3 million of equipment that has reached end of life Reduced from original proposal due to economic circumstances Information Technology scheduled to replace nearly $1 million in obsolete and /or deferred equipment i�3 Reduced from original proposal due to economic circumstances 5/4/2016 N 05104116 CC A GENDA PA GE 2 Retiree Healthcare Annual Required Contribution (ARC): a General Fund ARC is $5.2 million 2 Due to overfunding in previous years, the City is able to reduce its contribution for FY 2016 -17 to $3.5 million a This amount will allow the City to remain in a fully funded status as it relates to its annual required contribution Contribution to Bakersfield Symphony Orchestra /Beale Park Band reduced by 10% to $33,300 Council Contingency: $25,000 Spay and Neuter Voucher Program: $40,000 1,000 $40 vouchers hrin Total Proposed CIP for FY 2016-17: $54.07 million Thomas Roads Improvement Program: $28.4 million in local funds budgeted for FY 2016 -17 $7.2 million for last phase of Centennial Corridor Right -of- Way acquisition $19.1 million for debt service /future construction costs of Centennial Corridor l $2 million for West Beltway right -of -way acquisition per previous agreement with Bolthouse Properties No federal earmark 5/4/2016 n. 05104116 CC A EN A PAGE 21 a C P iii t (, "'I I Iii T) p ro �w, � r n erit, P rog irc. , rr'l Community Development Block Grant Projects totaling $1.76 million: El Toro Area Curb, Gutter and Sidewalk Reconstruction Union - Brundage Area Drainage Improvements - Ph. 3 Castro Area Curb, Gutter, Sidewalk Reconstruction ° Oleander Area Curb, Gutter and Sidewalk Reconstruction P Street Area Curb, Gutter, Sidewalk Martin Luther King, Jr. Park Lighting Improvements, Phase 2 Beale Park Playground Shade Structure [3 Wilson Park Playground Shade Structure Stiern Park Playground Shade Structure Illa��u� �c�a ;�) o� �� P iii° r,,ni Park Improvement Fund Projects totaling $2.1 million: �i Sports Village Phase III - $1.2 million additional funding Mesa Marin Phase II - $275,000 additional funding Wayside Park Playground Rehabilitation - $350,000 Garden Park Playground Rehabilitation - $280,000 5/4/2016 0 05104116 CC A EN A PAGE 22 m occ','°, Ill Street F, "I rdiects $22.9 million for non -TRIP local road maintenance and improvement projects: U $14.3 million General Fund $6 million Capital Outlay Fund (Transient Occupancy Tax) $2.6 million Transportation Development Fund Project Highlights: Pavement Rehabilitation - California Avenue from Oak Street to H Street a Pavement Rehabilitation - P Street from Brundage Lane to California Avenue Street Improvements on West Side of Wible Road; Hosking Avenue to Berkshire Road Street Improvement on Ming Avenue at Baldwin Road Bikeway Improvements — 100% Federal Funds: Brundage Lane and A Street (Class II and III improvements) Bike lane rehabilitation along the Kern River Bikepath from Buena Vista Road to Coffee Road Pedestrian Countdown Timers — 89% Federal Funds: rc"). Intersections located throughout northeast and southeast Bakersfield A Street Area Sidewalks - 89% Federal Funds: U Installation of sidewalks and ADA ramps on A Street between Brundage Lane and San Emidio Street 5/4/2016 10 05104116 CC A EN A PAGE 23 vs Pr'oiects Animal Care Center - $30,000 allocated for miscellaneous repairs that arise over the fiscal year ADA Transition Plan funding for project implementation to continue at $50,000 Autoscope /Vehicle Detection Cameras — year 2 of 4 to replace obsolete traffic cameras throughout the City 5/4/2016 11 05104116 CC A EN A PAGE 2 IIIu u d g et C o irr i Ip °s r, 1 s o ir'i 11-1. A, Ill I F u iii i d s FY 2015 -16 FY 2016 -17 Dollar Percentage Adopted Budget Proposed Difference Diffe Operating $ 418,169,369 $ 407,419,200 $ (10,750,169) Capital Improvements $ 152,769,825 $ 54,077,840 $ (98,691,985) Total -2.57% - 64.60% $ 570,939,194 $ 461,497,040 $(109,442,154) - 19.17% Wow lawlimwi � N Ew"I'', Taxes & Assessments $193,933,154 $189,587,080 Licenses & Permits 3,457,240 2,976,790 Inter - Governmental & Enterprise 95,597,595 25,413,097 Charges for Service 173,388,442 170,436,639 Fines & Forfeits 1,975,000 3,242,000 Miscellaneous Revenue 6,296,956 5,238,436 Other Financing Sources 448,000 - Total Revenues $475,096,387 $396,894,042 Fund Balance Transfers In TOTAL RESOURCES 54,769,841 41,072,966 $ 570,939,194 31,580,803 33,022,195 $ 461,497,040 5/4/2016 12 05104116 CC A EN A PAGE 25 B u,,, d g e A H :t j r,i c s A� 11, INE F'1�1i, � � ���iMWle�� io6Q Police $88,643,393 $88,461,335 Fire 37,560,332 37,697,202 Total Public Safety $126,203,725 $126,158,537 Public Works $256,827,021 Water Resources 27,517,809 Rabobank /Recreation and Parks /VB 30,146,608 Community Development 10,076,699 General Government 28,913,137 Non - Departmental 79,617,327 Successor Agency 11,636,868 TOTAL APPROPRIATIONS $570,939,194 $161,004,691 26,376,290 28,943,122 10,329,060 28,821,367 69,727,079 10,136,894 $461,497,040 1",1 d et R e s o � ) r ce'�a A, I F d s Transfers In Fund Balance 7.16% 6.84% Taxes and Miscellaneous Assessments Revenue 41.08% 1.14% Fines and Forfeits 0.70% Licenses and t Permits Charges for 0.65% Service 36.93% Inter- Governmental & Enterprise 5.51 5/4/2016 13 05104116 CC A EN A PAGE 26 5/4/2016 14 05104116 CC A GENDA PA GE 27 Revenue Summaries for Percentage Calculations General Fund - Property Taxes Actual 692,500 Revised Current Year Property Taxes: Proposed Secured $ 36,572,239 Actual % of Estimates % of Budget % of Unsecured 2014 -15 Total 2015 -16 Total 2016 -17 Total Property Tax 68,699,089 32.37°/, 71,931,135 35.12% 73,826,200 37.67% Sales Tax 70,366,255 33.15% 66,848,000 32.64% 66,848,000 34.11% Other Taxes 11,288,790 5.321/ 10,885,000 5.31% 10,650,000 5.43% Licenses & Permits 3,083,343 1.45% 2,813,295 1.37% 2,754,365 1.41% Intergovernmental 5,087,586 2.401/. 3,570,755 1.74% 1,619,775 0.83% Charges for Services 21,976,820 10.35% 20,890,211 10.20% 21,192,690 10.81% Fines and Forfeits 953,352 0.45% 1,341,000 0.65% 2,117,000 1.08% Miscellaneous 2,335,296 1.10% 2,964,412 1.45% 916,970 0.47% Beginning Balances & Transfers In 28,470,980 13.41% 23,584,729 11_51% 16,050,000 8.19% Totals 212,261,511 100.009/ 204,828,537 100.00% 195,975,000 100.00% General Fund - Property Taxes Total Property Taxes Percent of Fund Revenue Revised Proposed Estimates Budget 2015 -16 2016 -17 $ 37,486,700 $ 38,611,300 1,004,800 Actual 692,500 2014 -15 Current Year Property Taxes: 500,000 Secured $ 36,572,239 Unitary 429,182 Local Pass Through / RDA 326,506 Supplemental 1,046,664 Unsecured 3,253,853 Property Tax In Lieu (VLF) 26,653,462 Prior Year Property Taxes: Delinquent Taxes & Penalties 417,183 Total Property Taxes Percent of Fund Revenue Revised Proposed Estimates Budget 2015 -16 2016 -17 $ 37,486,700 $ 38,611,300 1,004,800 1,034,900 692,500 700,000 500,000 500,000 4,000,000 3,800,000 28,152,135 28,995,000 95,000 185,000 $ 6816991089 $ 71,931,135 $ 73,8269200 32.37% 35.12% 37.67% 5/4/2016 15 05;1104116 CC A EN A PAGE 28 City of Bakersfield Current Secured Property Taxes Five Year History with Budget Estimates 41,000,000 40,000,000 39,000,000 , 38, JIM 491,500 38,000,000 37,000,000 36,000,000 35,026,05 35,000,000 34,000,000 33,000,,000 8 1,857 32,000,000 31,000,000 30,000,000 2010-11 2011-12 2012-'V,3 2013-14 2014-15 2015-16 2016-17 z3c'� I e s General Fund - Sales Taxes Revised Proposed Actual Estimates Budget 2014-15 2015-16 2016-17 Sales Tax -1 %a $67,981,718 $65,415,000 $65,415,000 Sales Tax -112 cent extension 1,929,127 1,433,000 1,433,000 Triple Flip (17,040,680) (13,251,261) Sales Tax In Lieu 17,496,090 13,251,261 Total Sales Tax $70,366,255 $66,848,000 $66,848,000 Percent of Fund Revenue 33.15% 32.64% 34.11% 5/4/2016 16 05104116 CC A GEN PA GE 29 SOX00.000 75,000.000 70.000,M) W Wo 000 60.000.0f30 0 55.000.000 City of Bakersfield Sales Tax Revenue History Fiscal Years 2006-0,6 through 2014-16 with Budget Estimates 0.=0011 50,664,333 40.000=0 2005-06 2007 2007-08 2008-09 2000-10 2010-�I 2011-12 2012-13 2213-14 2014-05 2015-16 2016-17 —w—sves,rax Aduads —M Remed Estmate - PrqXW Budget, )(,," e s KNOW General Fund - Other Taxes Revised Proposed Actual Estimates Budget 2014-15 2015-16 2016-17 Utility Franchise Tax $ 6,380,260 $ 6,175,000 $ 6,150,000 Business License Tax 3,730,720 3,800,000 3,600,000 Real Property Transfer Tax 1,177,810 910,000 900,000 Total Other Taxes $1112881790 $1018851000 $1016501000 Percent of Fund Revenue 5.32% 5.31% 5.43% 5/4/2016 17 05104116 CC AGENDA PAGE 30 i c "'M' h4 s e s, General Fund - Licenses & Permits Total Licenses and Permits $ 10831343 $ 2,813 295 $ 217541365 Percent of Fund Revenue 1.45% 1.37% 1A1% R , ve IICFl, i. e General Fund - Intergovernmental Revenue Revised Proposed Actual Estimates Budget 2014 -15 2015 -16 2016 -17 Development Permits $ 2,433,167 $ 2,191,865 $ 2,147,640 Alarm Permits 320,341 290,000 290,000 Dog Licenses 220,573 220,000 220,000 Other Licenses and Permits 109,262 111,430 96,725 Total Licenses and Permits $ 10831343 $ 2,813 295 $ 217541365 Percent of Fund Revenue 1.45% 1.37% 1A1% R , ve IICFl, i. e General Fund - Intergovernmental Revenue Total Intergovernmental 1=287 087 86 $ 3 70 755 $ 1,619775 Percent of Fund Revenue 2.40% 1.74% 0.83% 5/4/2016 18 05104116 CC A EN A PAGE 31 Revised Proposed Actual Estimates Budget 2014.15 2015 -16 2016 -17 State Motor Vehicle In Lieu Tax $ 150,529 $ 150,000 $ 150,000 State Homeowners Subvention 303,121 350,000 350,000 Grants 2,029,135 1,356,055 1,059,775 Other Reimbursements 2,604,801 1,714,700 60,000 Total Intergovernmental 1=287 087 86 $ 3 70 755 $ 1,619775 Percent of Fund Revenue 2.40% 1.74% 0.83% 5/4/2016 18 05104116 CC A EN A PAGE 31 General Fund - Charges for Services Total Charges for Services Percent of Fund Revenue $ 211976820 $ 20,890,211 $ 21,192,690 10.35% 10.20% 10.81% ��V �a " � �° llf ' % �, n n or � � s ��'� li 114 � �� ��, � � ��� �. � � �.�� � � � � � �,. nC 1U �' � °�r General Fund - Fines, Forfeits & Assessments Revised Proposed Actual Estimates Budget 2014 -15 2015 -16 2016 -17 Maintenance District Services $ 5,952,204 $ 51890,000 $ 6,065,000 Interdepartmental Charges 4,154,593 3,600,000 3,700,000 Development Fees 4,838,538 4,303,755 4,318,940 Fire Charges 4,686,661 5,123,436 5,200,000 Police Charges 818,592 730,000 718,500 Recreation & Park Fees 1,188,316 944,520 894,250 Other Charges 337,916 298,500 296,000 Total Charges for Services Percent of Fund Revenue $ 211976820 $ 20,890,211 $ 21,192,690 10.35% 10.20% 10.81% ��V �a " � �° llf ' % �, n n or � � s ��'� li 114 � �� ��, � � ��� �. � � �.�� � � � � � �,. nC 1U �' � °�r General Fund - Fines, Forfeits & Assessments Total Fines & Forfeits Percent of Fund Revenue $ 953,352 $ 1341000 $ 2117,000 0.45% 0.65% 1.08% 5/4/2016 19 05104116 CC A EN A PAGE 32 Revised Proposed Actual Estimates Budget 2014 -15 2015 -16 2016 -17 Parking Fines $ 309,947 $ 150,000 $ 150,000 Seized Asset Forfeitures 91,484 700,000 1,586,000 Animal Care Redemptions 41,470 20,000 20,000 DemolitionMeed Assessments 279,537 210,000 210,000 Other Fines & Forfeits 230,914 261,000 151,000 Total Fines & Forfeits Percent of Fund Revenue $ 953,352 $ 1341000 $ 2117,000 0.45% 0.65% 1.08% 5/4/2016 19 05104116 CC A EN A PAGE 32 "� » � a� l l »„� �f e �mN �° �f �w�� e �" � & � tai � "°�k i � � n��� wpm. General Fund - Miscellaneous Revenue Adopted Proposed Percent Department FY 2015-16 FY 2016-17 Change Legislative Executive Financial Services City Attorney Police Services Fire Services Public Safety Public Works Recreation and Parks Community Development Non - Departmental Council Contingency Transfers Total $446,421 $7,867,526 $3,001,295 $1,967,251 $87,246,327 $36,31 1,034 $436,356 $7,828,776 $2,912,500 $1,931,217 $87,101,763 $36,421,378 $123,557,361 $123,523,141 Revised Proposed $18,991,657 Actual Estimates Budget $9,543,000 2014 -15 2015 -16 2016 -17 Interest Income $ 343,529 $ 84,000 $ 102,500 Contributions 23,588 25,800 - Developer Reimbursements 343,269 493,112 - Workers Comp Reimbursements 733,605 700,000 600,000 Bank Card Rebates 124,255 120,000 120,000 Other Rebates & Refunds 740,950 1,513,100 80,000 Other Revenue 26,100 28,400 14,470 Total Misc. Revenue $ 213351 296 $ 2,964,412 $ 916,970 Percent of Fund Revenue 1.10% 1.45% 0.47% Adopted Proposed Percent Department FY 2015-16 FY 2016-17 Change Legislative Executive Financial Services City Attorney Police Services Fire Services Public Safety Public Works Recreation and Parks Community Development Non - Departmental Council Contingency Transfers Total $446,421 $7,867,526 $3,001,295 $1,967,251 $87,246,327 $36,31 1,034 $436,356 $7,828,776 $2,912,500 $1,931,217 $87,101,763 $36,421,378 $123,557,361 $123,523,141 $26,956,664 $26,125,561 $18,991,657 $18,522,464 $7,731,166 $7,628,301 $9,543,000 $6,995,807 $50,000 $25,000 $60,877 $45,877 $ 200,173,218 $ 195,975,000 -2.25% -0.49% -2.96% -1.83% -0.17% 0.30% -0.03% -3.08% -2.47% -1.33% - 26.69% - 50.00% - 24.64% -2.10% 5/4/2016 20 05104116 CC AGENDA PAGE 33 I�$ �p�p���� v01 "IIVIIU I�Ui����V�lil , I� � � V�191UI Po� 9 �IUIVI��� llNll�lll4�� �1 ' M1;WN I S�I� �INIH� �I Community Non - Departmental Council City Attorney Development 3.57% Contingency 0.99% 3.89% 0.01 % Transfers Financial Services ,_i� 0.02% 3.99% Legislative 0.22% Recreation and Parks 9.45% Public Works) 13.33% Fire Services 18.58% ( eri R ° r c:) d FII.j n UI Police Services 44.45% 5/4/2016 21 05104116 CC A EN A PAGE 34 Mo i iii g Fo rwwu Q1 2016 sales tax figures will be released mid - June Staff will continue to closely monitor all revenue sources and recommend adjustments as needed Continue to focus on Council goals and priorities with available resources May 911 — 12 p.m.: � Department presentations: General Government, Visit Bakersfield, AEG /Arena, City Attorney's Office, Finance Department, Police Department and Fire Department June 61h — 9 a.m.: (tentative) Budget 707 June 61h — 12 p.m.: ?a Department presentations. Water Resources, Public Works, Community Development and Recreation and Parks June 8th: n Public Hearing June 29Th: n, Adoption of Budget 5/4/2016 22 05104116 CC AGENDA PAGE 35 mw�,���w, ..�,�n� M ,�:A�a�,�R (.;, n < s & l e co "' ri ' III n Budget Team I,cll Finance Director, Nelson Smith Assistant Finance Director, Sandra Jimenez Assistant City Manager, Steve Teglia r',T� Accounting Supervisor, Randy McKeegan Assistant Public Works Director, Ted Wright t Human Resources Manager, Christi Tenter Administrative Analyst, Chris Gerry �') Management Assistant, Caleb Blaschke Department Heads and Budget Managers City Staff 5/4/2016 24 05104116 CC A EN A PAGE 37 ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Consent- Minutes a. TO: Honorable Mayor and City Council FROM: Roberta Gafford, City Clerk DATE: 2/29/2016 WARD: SUBJECT: Approval of minutes of the April 20, 2016, Regular City Council Meetings. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description D Wrldes Type BackU IMateir4� 05104116 CC AGENDA PAGE 38 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF APRIL 20, 2016 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings- 3:30 p.m. and 5:15 p.m. REGULAR MEETING - 3:30 p.m. ACTION TAKEN 1. ROLL CALL Present: Vice -Mayor Hanson, Councilmembers Rivera, Maxwell, Weir, Smith, Parlier Absent: Mayor Hall, Councilmember Sullivan 2. PUBLIC STATEMENTS a. Shannon Medina, representing the Bakersfield Museum of Art, spoke regarding three new exhibits, including local works from the ArtWorks student program; cover art program for Westways Magazine of the Automobile Club of southern California; invited everyone to visit the museum and enjoy all of the exhibits; and submitted written material. 3. CLOSED SESSION a. Conference with Labor Negotiator pursuant to Government Code section 54957.6. b. Conference with Legal Counsel — Existing Litigation; Closed session pursuant to Government Code section 54956.9(d) (1) regarding Michelle King, et al. v. City of Bakersfield, Kern County Superior Court Case No. BCV -16- 100430, DRL. C. Conference with Legal Counsel — Potential Litigation; Closed session pursuant to Government Code section 54956.9 (d) (2), (e) (1) (one matter). 05104116 CC AGENDA PAGE 39 Bakersfield, California, April 20, 2016 - Page 2 3. CLOSED SESSION continued ACTION TAKEN Motion by Councilmember Weir to adjourn to Closed APPROVED Session at 3:35 p.m. AB SULLIVAN Motion by Councilmember Weir to adjourn from APPROVED Closed Session at 5:06 p.m. AB SULLIVAN Meeting reconvened at 5:15 p.m. 4. CLOSED SESSION ACTION a. Conference with Labor Negotiator pursuant to STAFF WAS GIVEN Government Code section 54957.6. DIRECTION b. Conference with Legal Counsel — Existing STAFF WAS GIVEN Litigation; Closed session pursuant to DIRECTION Government Code section 54956.9(d) (1) regarding Michelle King, et al. v. City of Bakersfield, Kern County Superior Court Case No. BCV -16- 100430, DRL. C. Conference with Legal Counsel — Potential NO REPORTABLE Litigation; Closed session pursuant to ACTION Government Code section 54956.9 (d) (2), (e) (1) (one matter). 5. WORKSHOPS None. 6. ADJOURNMENT Vice -Mayor Hanson adjourned the meeting at 5:16 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 05104116 CC A GENDA PA GE Bakersfield, California, April 20, 2016 - Page 3 REGULAR MEETING -5:16 p.m. 1. ROLL CALL Present: Vice -Mayor Hanson, Councilmembers Rivera, Maxwell, Weir, Smith, Parlier Absent: Mayor Hall, Councilmember Sullivan 2. INVOCATION by Associate Pastor Stephen Hicks, Bakersfield Hillcrest Seventh Day Adventist Church. 3. PLEDGE OF ALLEGIANCE by Taryn Reese, 6th grade student at Castle Elementary School. Vice -Mayor Hanson acknowledged Political Science class students from California State University Bakersfield and Taft College in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation of a plaque by Vice -Mayor Hanson to Misty De La Torre and Samantha Cardenas, representing the Friends of Mercy Walking Park, honoring beautification efforts at the Mercy Walking Park. Ms. De La Torre and Ms. Cardenas accepted the plaque and made comments. b. Presentation of a Certificate of Appreciation by Vice -Mayor Hanson to a family representive, honoring a $20,000 contribution for the funding of Bakersfield Homeless Center crews cleaning and maintaining the Bakersfield Bike path, by the Lazzerini Family Foundation. Mr. Lazzerini accepted the Certificate and made comments. C. Presentation by David Womack, Senior Vice President, and Kristin Weber Senior Community Benefit Specialist, Kaiser Permanente Kern County, of a $31,500 check to fund Operation Splash, providing discounted swim lessons and summer season passes to low- income families. Vice -Mayor Hanson and Recreation and Parks Director Hoover accepted the check and made comments. ACTION TAKEN 05104116 CC A EN A PAGE 41 Bakersfield, California, April 20, 2016 - Page 4 5. PUBLIC STATEMENTS ACTION TAKEN a. Kathleen Faulkner spoke regarding Faith in Action, an inter -faith group taking action to address community concerns, issues, and improving communication with law enforcement to create a safer community; and advised a speaking event regarding relationships with law enforcement will be held tomorrow night at 7:00 p.m., in the new dorms located at California State University Bakersfield; and stated Police Chief Williamson will be one of the speakers at the event. b. John Hipskind, Vice - President of the Home Owner's Association for his condominium complex, spoke regarding concerns for the number of speeders on Dunsmuir Road; stated a request for installation of a speed bump on their street was rejected last year; and requested the City Council consider revisiting the issue and approve the installation of a "Traffic Calming Device ", an elongated flat top hump rated for 30 mph, and speed limit signs. Councilmember Maxwell requested staff re- evaluate the results of the traffic study to place a speed bump on Dunsmuir Road and we meet with Mr. Hipskind to address his concerns. C. Robert Braley and Charles Webb spoke regarding concerns with the City's maintenance of vacant homes and the demolition of homes for the Centennial Corridor Project. d. The following individuals spoke regarding their Government class community service project on the possibility of placing recycling bins and implementing a recycling program at City parks: Nick Goetjen; Ryan Morosa; and Prolon Fandialan. Councilmember Smith requested the Community Services Committee examine what opportunities there are for recycling in City parks. 05104116 CC A EN A PAGE 42 6. 7. Bakersfield, California, April 20, 2016 - Page 5 WORKSHOPS a. Economic Opportunity Area Plan and three Economic Opportunity Areas: 1. Resolution establishing Downtown Economic Opportunity Area. 2. Resolution establishing Airport Economic Opportunity Area. 3. Resolution establishing Highway 58 /Mt. Vernon Economic Opportunity Area. Community Development Director Mclsaac made staff comments and provided a PowerPoint presentation. Councilmember Maxwell requested staff meet with him to discuss how the Downtown Economic Opportunity Area will be implemented. Councilmember Rivera requested staff revisit the Economic Opportunity Areas Plan during the next mid -year budget update with the Council and assess any changes in tax increments. Motion by Councilmember Weir to approve staff's recommendation and adopt the Resolutions. APPOINTMENTS a. One appointment to the Planning Commission due to the expiration of term of Jeffrey Tkac (Ward 6), whose term expires April 30, 2016. City Clerk Gafford announced that one application was received from incumbent, Jeffrey Tkac. Motion by Councilmember Weir to re- appoint Jeffrey Tkac to the Planning Commission, term to expire April 30, 2020. b. One appointment to the Kern River Groundwater Sustainability Agency (KRGSA). Motion by Councilmember Weir to appoint Vice -Mayor Hanson to the Kern River Groundwater Sustainability Agency. ACTION TAKEN RES 048 -16 RES 049 -16 RES 050 -16 APPROVED AB SULLIVAN APPROVED AB SULLIVAN APPROVED AB SULLIVAN 05104116 CC A EN A PAGE 43 Bakersfield, California, April 20, 2016 - Page 6 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the March 30, 2016, Regular City Council Meetings. Payments: b. Receive and file department payments from March 18, 2016 to April 7, 2016 in the amount of $18,025,256.60 Self Insurance payments, from March 18, 2016 to April 7, 2016 in the amount of $539,576.46 totaling $18,564,833.06. Ordinances: Resolutions: C. Resolution approving a Records Retention Schedule for all Departments of the City of Bakersfield. d. Resolution approving an application to the Kern County Local Agency Formation Commission to annex uninhabited territory into the City identified as Annexation No. 661 located along the north side of Ming Avenue, on the east and west sides of Baldwin Road. e. Resolution to form a Traffic Signal Maintenance District designated as TS -25 (northwest corner of Allen Road and Brimhall Road) and approving, confirming, and adopting the Public Works Director's Report. f. Resolution adding the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report for each: Area 3 -100 (3009 McKee Road) 2. Area 5 -81 (2415 Hughes Lane) 3. Area 5 -82 (southwest corner of Chevalier Road & Taft Highway) ACTION TAKEN RES 051 -16 RES 052 -16 RES 053 -16 RES 054 -16 RES 055 -16 RES 056 -16 05104116 CC AGENDA FACE Bakersfield, California, April 20, 2016 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN g. Resolutions of Intention adding the following territories to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report for each: 1. ROI No. 1879 to add Area 3 -101 (5001 Lisa Marie Court) - Ward 6 2. ROI No. 1880 to add Area 4 -144 (Ralston Street & Dr. Martin Luther King, Jr. Boulevard) -Ward 1 3. ROI No. 1881 to add Area 4 -145 (21 15- 2125 18th Street) - Ward 2 4. ROI No. 1882 to add Area 4 -146 (901 18th Street) -Ward 2 h. Resolution of Intention (ROI) No. 1883 to form Traffic Signal Maintenance District designated as TS -26 (northwest corner of Morning Drive & Highland Knolls Drive) and preliminarily approving, confirming, and adopting the Public Works Director's Report. Agreements: Final Map and Improvement Agreement with K. Hovnanian Four Seasons at Bakersfield, LLC for Tract 6444 Phase 8 located north of Panorama Drive and east of Vineland Road. j. Final Map and Improvement Agreement with Sierra Oaks Partners, LLC for Tract 7246, Phase 1, located south of White Lane and west of Buena Vista Road. k. Final Map and Improvement Agreement with Sierra Oaks Partners, LLC for Tract 7246, Phase 2, located south of White Lane and west of Buena Vista Road. Final Map and Improvement Agreement with Sierra Oaks Partners, LLC, for Tract 7254 located south of White Lane and east of Windermere Street. ROI 1879 ROI 1880 ROI 1881 ROI 1882 ROI 1883 AGR 16 -065 AGR 16 -066 AGR 16 -067 AGR 16 -068 05104116 CC A EN A PAGE 45 Bakersfield, California, April 20, 2016 - Page 8 8. CONSENT CALENDAR continued ACTION TAKEN M. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 7257 Phase 2 located south of Ming Avenue and west of Allen Road. n. Amendment No. 1 to Agreement No. 13 -041 with Public Agency Retirement Services (PARS) to extend term of the agreement until April 19, 2019 for administrative and custodial services regarding the City's Retiree Medical Irrevocable Trust. o. Amendment No. 4 to Agreement No. 13 -045 with Solenis, LLC ($500,000; revised not to exceed $2,200,000 and extend term one year to April 30, 2017) to provide dewatering polymer for Plant No. 3. P. Contract Change Order No. 1 to Agreement No. 15 -287 with Pacific Aquascape Inc. ($11,916.37; revised not to exceed $396,016.37), for the Centennial Plaza Fountain Replacement Project. Property Acquisition Agreements - TRIP: q. Agreement with Alex and Ann Chernabaeff ($248,000) to purchase real property located at 4412 Marella Way for the Centennial Corridor Project. r. Agreement with Anthony Chau ($145,000) to purchase real property located at 15 Morrison Street for the Centennial Corridor Project. S. Agreement with Jerry and Jean Pledger ($325,000) to purchase real property located at 3227 Belle Terrace Avenue for the Centennial Corridor Project (TRIP). t. Agreement with Pierce Family Trust ($190,000) to purchase real property located at 209 South Garnsey Avenue for the Centennial Corridor Project. AGR 16 -069 AGR 13- 041(1) AGR 13- 045(4) AGR 15 -287 CCO 1 AGR 16 -070 DEED 8411 AGR 16 -071 DEED 8412 AGR 16 -072 DEED 8413 AGR 16 -073 DEED 8414 05104116 CC A GENDA PA GE 4 6 E3 Bakersfield, California, April 20, 2016 - Page 9 CONSENT CALENDAR continued U. Accept bid and approve contract with 5M Contracting, Inc. ($130,600.00), for demolition of improvements at 25 Williamson Way and 3403 Stockdale Highway for the Centennial Corridor Project. (County) (TRIP). V. Accept bid and approve contract with Interior Demolition, Inc. ($310,000.00), for demolition of improvements at 1 Morrison Street, 2 Morrison Street, 19 Morrison Street, 22 Morrison Street, 26 Morrison Street, 101 Morrison Street, 113 Morrison Street, 117 Morrison Street, 121 Morrison Street, 18 Dunlap Street, 112 Dunlap Street, 113 Dunlap Street, 116 Dunlap Street, 117 Dunlap Street, 120 Dunlap Street, 121 Dunlap Street, 125 Dunlap Street and 129 Dunlap Street for the Centennial Corridor Project. (TRIP) W. Accept bid and approve contract with Interior Demolition, Inc. ($400,000.00), for demolition of improvements at 4212 La Mirada Drive, 4220 La Mirada Drive, 4221 La Mirada Drive, 4225 La Mirada Drive, 4229 La Mirada Drive, 4233 La Mirada Drive, 4301 La Mirada Drive, 4305 La Mirada Drive, 4312 La Mirada Drive, 4313 La Mirada Drive, 4317 La Mirada Drive, 4400 La Mirada Drive, 4401 La Mirada Drive, 4404 La Mirada Drive, 4405 La Mirada Drive, 4408 La Mirada Drive and 4417 La Mirada Drive for the Centennial Corridor Project (TRIP). X. Accept bid and approve contract with Interior Demolition, Inc. ($264,000.00), for demolition of improvements at 4200 Hillsborough Drive, 4212 Hillsborough Drive, 4216 Hillsborough Drive, 4300 Hillsborough Drive, 4304 Hillsborough Drive, 4307 Hillsborough Drive, 4401 Hillsborough Drive, 4404 Hillsborough Drive, 4408 Hillsborough Drive and 4412 Hillsborough Drive for the Centennial Corridor Project (TRIP). ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION 05104116 CC ACEN A FACE 4 7 Bakersfield, California, April 20, 2016 - Page 10 8. CONSENT CALENDAR continued ACTION TAKEN Bids: Y. Accept bid from Pro Grade Iron, LLC ABS WEIR ($173,472.75) for the purchase of one replacement articulated four wheel drive loader for use by the Water Resources Department. Z. Accept bid from CherryStonelT, Incorporated in the amount of $131,146.41 for replacement Dell® PowerEdgeTM servers for the Information Technology Division. aa. Mohawk Street Improvements: Siena Lane to Hageman Road project: Accept bid and approve contract to AGR 16 -078 Griffith Company ($1,494,941.00) for said project. 2. Appropriate $193,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Capital Improvement budget. 3. Appropriate $141,438 developer share of project cost to the Public Works Department's Capital Improvement budget within the Transportation Development Fund. ab. Accept bid and approve contract with Hur AGR 16 -079 Flooring Company ($102,880) for gym floor replacement at Dr. Martin Luther King, Jr. Community Center. ac. Purchase of street sweepers: Accept bid from Mar -Co Equipment Company in the amount of $748,660.10 for two replacement air broom street sweepers with high dump capabilities for use by the Public Works Department, Streets Division. 2. Transfer and appropriate $109,000 Refuse Fund Balance to the Equipment Management Fund. 05104116 CC AGEN A PAGE Bakersfield, California, April 20, 2016 - Page 11 8. CONSENT CALENDAR continued ACTION TAKEN Miscellaneous: ad. Miscellaneous Appropriations: 1. Appropriate $7,500 grant from Kern County Tourism Promotion Grant Program to the CVB Operating Budget within the Transient Occupancy Tax Fund for the Bakersfield Museum Trail project; and 2. Appropriate $9,975 grant from the Bakersfield Californian Foundation to the CVB Operating Budget within the Transient Occupancy Tax Fund for the ArtTrek project. ae. Appropriate $31,500 from Kaiser Permanente Southern California Fund grant revenues to the Recreation and Parks Operating Budget within the General Fund to provide swim lessons and passes to children and adults (Operation Splash). Successor Agency Business: af. Receive and file Successor Agency payments from March 18, 2016 to April 7, 2016 in the amount of $2,775,975.00. Councilmember Weir announced that he would abstain, due to a conflict of interest, client is a source of income, on item 8.y. Councilmember Maxwell requested items 8.u., 8.v., 8.w., and 8.x. be removed for separate consideration. Motion by Councilmember Weir to adopt Consent APPROVED Calendar items 8.a. through 8.af. with the removal of AB SULLIVAN items 8.u., 8.v., 8.w., and 8.x. for separate consideration. 05104116 CC A GENDA PA GE 4 9 Bakersfield, California, April 20, 2016 - Page 12 CONSENT CALENDAR continued U. Accept bid and approve contract with 5M Contracting, Inc. ($130,600.00), for demolition of improvements at 25 Williamson Way and 3403 Stockdale Highway for the Centennial Corridor Project. (County) (TRIP). V. Accept bid and approve contract with Interior Demolition, Inc. ($310,000.00), for demolition of improvements at 1 Morrison Street, 2 Morrison Street, 19 Morrison Street, 22 Morrison Street, 26 Morrison Street, 101 Morrison Street, 113 Morrison Street, 117 Morrison Street, 121 Morrison Street, 18 Dunlap Street, 112 Dunlap Street, 113 Dunlap Street, 116 Dunlap Street, 117 Dunlap Street, 120 Dunlap Street, 121 Dunlap Street, 125 Dunlap Street and 129 Dunlap Street for the Centennial Corridor Project. (TRIP) W. Accept bid and approve contract with Interior Demolition, Inc. ($400,000.00), for demolition of improvements at 4212 La Mirada Drive, 4220 La Mirada Drive, 4221 La Mirada Drive, 4225 La Mirada Drive, 4229 La Mirada Drive, 4233 La Mirada Drive, 4301 La Mirada Drive, 4305 La Mirada Drive, 4312 La Mirada Drive, 4313 La Mirada Drive, 4317 La Mirada Drive, 4400 La Mirada Drive, 4401 La Mirada Drive, 4404 La Mirada Drive, 4405 La Mirada Drive, 4408 La Mirada Drive and 4417 La Mirada Drive for the Centennial Corridor Project (TRIP). X. Accept bid and approve contract with Interior Demolition, Inc. ($264,000.00), for demolition of improvements at 4200 Hillsborough Drive, 4212 Hillsborough Drive, 4216 Hillsborough Drive, 4300 Hillsborough Drive, 4304 Hillsborough Drive, 4307 Hillsborough Drive, 4401 Hillsborough Drive, 4404 Hillsborough Drive, 4408 Hillsborough Drive and 4412 Hillsborough Drive for the Centennial Corridor Project (TRIP). ACTION TAKEN AGR 16 -074 AGR 16 -075 AGR 16 -076 AGR 16 -077 05104116 CC AGENDA FACE 5 9. Bakersfield, California, April 20, 2016 - Page 13 CONSENT CALENDAR continued City Attorney Gennaro responded to questions by Councilmember Maxwell; and stated for the record, Caltrans is the lead on this project when it comes to the legality of the situation; she has spoken with Caltrans Legal Attorney Judith Carlson, and they agree that this project should continue and be treated in the same manner that any other development project in the City of Bakersfield has operated under. Motion by Councilmember Maxwell to adopt Consent Calendar item 8.u., 8.v., 8.w., and 8.x. CONSENT CALENDAR PUBLIC HEARINGS a. Public Hearing to consider Action Plan Amendments to U.S. Department of Housing and Urban Development (HUD) Action Plan - FYI 1/12 Amendment No. 6, FYI 2/13 Amendment No. 8, and FYI 3/14 Amendment No. 5: Transfer funds from New Construction Assistance to create Rehabilitation of Multi - Family Residential project ($1,500,000 HOME); 2. Transfer funds from New Construction Assistance to create Chardonnay Homebuyer Assistance project ($300,000). b. Public Hearing to consider a resolution approving the issuance of tax exempt revenue bonds by the California Municipal Finance Authority for the Kern Regional Center Project, in an aggregate principal amount not to exceed $18,000,000 for the purpose of financing and refinancing the acquisition, rehabilitation, improvement and equipping of office buildings and certain other matters relating thereto. ACTION TAKEN APPROVED AB SULLIVAN RES 057 -16 05104116 CC A EN A PAGE 51 Bakersfield, California, April 20, 2016 - Page 14 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN C. Public Hearing to consider General Plan Amendment /Zone Change No. 15 -0385; McIntosh & Associates, representing Old River & Panama, LLC, the property owner, has applied for a general plan amendment and zone change on 11.88 acres located at the southwest corner of Panama Lane and Old River Road. 1. Resolution adopting a Negative RES 058 -16 Declaration with Mitigation Measures. 2. Resolution approving the general plan RES 059 -16 amendment to change the land use designation from LR (Low Density Residential) to GC (General Commercial) on 11.88 acres, subject to conditions of approval. 3. First reading of an ordinance amending FR the Official Zoning Map in Title 17 of Municipal Code by changing the zone district from R -1 (One Family Dwelling) to C -2 (Regional Commercial) on 11.88 acres. d. Public Hearing to consider General Plan Amendment /Zone Change No. 15 -0506; Bolthouse Properties, LLC, representing City of Bakersfield, the property owner, has applied for a general plan amendment and zone change on 40,419 square feet located at 1301 Buena Vista Road on the west side of Buena Vista Road, approximately 700 feet north of Ming Avenue. Resolution approving the general plan RES 060 -16 amendment to change the land use designation from OS -P (Parks and Recreation) to GC (General Commercial) on approximately 40,419 square feet, subject to conditions of approval. 05104116 CC A EN A PAGE 52 9. Bakersfield, California, April 20, 2016 - Page 15 CONSENT CALENDAR PUBLIC HEARINGS continued ITEM 9.d. CONTINUED 2. First reading of an ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R -2 (Limited Multiple Family Dwelling) to C -2 (Regional Commercial) on approximately 40,419 square feet. e. Public Hearing to consider General Plan Amendment /Zone Change No. 15 -0507; Dirk Poeschel, representing Rio Bravo Medical Campus, LLC, the property owner, has applied for a general plan amendment and zone change on 10.8 acres located on the south side of State Route 178, generally west of Morning Drive. Resolution adopting a Negative Declaration with Mitigation Measures. 2. Resolution approving the general plan amendment changing the land use designation from LR (Low Density Residential) and HMR (High Medium Density Residential) to GC (General Commercial) on approximately 10.8 acres, subject to conditions of approval. 3. First reading of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from R -1 (One Family Dwelling) and R -2 (Limited Multiple Family Dwelling) to C -2 (Regional Commercial) on approximately 10.8 acres. Consent Calendar Hearings opened at 6:33 p.m. No one spoke. Consent Calendar Hearings closed at 6:34 p.m. Motion by Councilmember Weir to adopt Consent Calendar Public Hearing items 9.a. through 9.e. ACTION TAKEN FR RES 061 -16 RES 062 -16 FR APPROVED AB SULLIVAN 05104116 CC A EN A PAGE 53 Bakersfield, California, April 20, 2016 - Page 16 10. HEARINGS ACTION TAKEN a. General Plan Amendment /Zone Change No. 15 -0363; and Appealed PD Review No. 15 -0364. Ian Ellis representing Aurora Borealis Development, LLC, the property owner, has applied for: (1) a general plan amendment and zone change on 9.975 acres; (2) a zone change on 10.86 acres; and (3) a Planned Zone Development Review for a 1 12,000- square foot assisted living /memory care facility in a C -1 -HD /PCD, on property located along the east side of Alfred Harrell Highway, generally south of Old Walker Pass Road. 1. Resolution adopting a Negative RES 063 -16 Declaration, with Mitigation Measures. 2. Resolution approving the general plan RES 064 -16 amendment changing the land use designation from LR (Low Density Residential) and OS -S (Open Space - Slopes) to GC (General Commercial) on 9.975 acres, subject to conditions of approval. 3. First reading of the ordinance amending FR the Official Zoning Map in Title 17 of the Municipal Code for a change in zone district from R -1 -HD (One Family Dwelling - Hillside Development Combining) to C -1- HD /PCD (Neighborhood Commercial - Hillside Development Combining/ Planned Commercial Development) on 9.975 acres; and a change in zone district from R -1 (One Family Dwelling) to R -1 -HD (One Family Dwelling - Hillside Development Combining) zone on 10.86 acres. 4. Resolution denying the appeal of the RES 065 -16 Planning Commission's decision and approving a Planned Development Review for a 1 12,000- square foot assisted living /memory care facility in a C -1 -HD /PCD (Neighborhood Commercial - Hillside Development Combined/ Planned Commercial Development) zone district at 7101 Allegheny Court, shown on Exhibit B. 05104116 CC A EN A PAGE 5 Bakersfield, California, April 20, 2016 - Page 17 10. HEARINGS continued ACTION TAKEN City Clerk Gafford announced a staff memorandum was received correcting the square footage of the proposed facility from 12,000 square feet to 112,000 square feet, and transmitting additional correspondence from four individuals in opposition of the staff recommendation. Community Development Director Mclsaac made staff comments and provided a PowerPoint presentation. Hearing opened at 6:47 p.m. The following individuals spoke in opposition to the staff recommendation: Mark Magargee; Dave Thomas; Brian Gatschet; and Rick Kreiser. Ian Ellis, representing the property owner, Aurora Borealis Development, LLC spoke in support of the staff recommendation. Hearing closed at 7:03 p.m. Motion by Councilmember Weir to approve APPROVED staff's recommendation and approve Hearing AB SULLIVAN item 10.a., with the additional condition that a soil study be performed to determine the potential for release of Valley Fever spores when grading for the project. Vice -Mayor Hanson recessed the meeting at 7:21 p.m. and reconvened the meeting at 7:32 p.m. 11. REPORTS a. Status report regarding City owned property on P/Q Streets. City Clerk Gafford announced correspondence was received from Gregory D. Bynum regarding the City -owned property on the northeast corner of California Avenue and P and Q Streets. City Manager Tandy made staff comments and provided a PowerPoint presentation. 05104116 CC AGENDA PAGE 55 11. 12. 13. 14. Bakersfield, California, April 20, 2016 - Page 18 REPORTS continued ACTION TAKEN Motion by Councilmember Maxwell to direct staff to review the first Letter of Intent for legal requirements and move forward with the sale of the property. City Attorney Gennaro advised Councilmember Maxwell there has been substantial negotiation between the November 2, 2015 Letter of Intent and the most recent Letter of Intent; and recommended he make a motion to eliminate the P.C.D. requirement and use the current Letter of Intent instead. Councilmember Maxwell amended his motion to FAILED direct staff to use the most recent Letter of Intent, NS WEIR, SMITH, remove the P.C.D. requirement, and provide a letter HANSON, PARLIER of apology to Kern Health Systems regarding the sale of the City -owned property on P/Q Streets. DEFERRED BUSINESS None. NEW BUSINESS None. COUNCIL AND MAYOR STATEMENTS Councilmember Smith commented on the fountain nearing completion in front of the Rabobank Arena and thanked staff for doing a great job. Councilmember Smith stated they are very blessed to have great and professional staff; and is looking forward to the Employee Appreciation Breakfast coming up that Mayor Hall has generously sponsored. Councilmember Parlier said he had the honor and privilege to attend a fundraiser for the 9/11 Memorial Crab Fest, stated staff, colleagues and Congressman McCarthy were in attendance; Fire Chief Greener provided a presentation on the beam they received from the World Trade Center, and requested Fire Chief Greener provide the same presentation to the Council before the beam is resurrected between Fire Station 15 and the Bakersfield Westside Substation. 05104116 CC AGENDA PAGE 56 Bakersfield, California, April 20, 2016 - Page 19 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Maxwell stated his vehicle's window was smashed, on Monday night while he was closing at The Mark restaurant, this is the third time that this has occurred in the area in a short time; and requested staff look into increasing the number of police officers, 20 a year for 5 years, during the budget review each year. Councilmember Parlier commented on Councilmember Maxwell's request and stated the South Substation was reopened last spring, after an eight year closure, and has substantially reduced response times in the area; and thanked staff for their effort in the reopening of the station to help reduce crime. Vice -Mayor Hanson requested staff receive input from the Council and schedule a Council retreat to focus on City finances and budget. 15. ADJOURNMENT Vice -Mayor Hanson adjourned the meeting at 8:34 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 05104116 CC A EN A PAGE 57 ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Consent- Payments b. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 4/21/2016 111-11 V 03 SUBJECT: Receive and file department payments from April 8, 2016 to April 21, 2016, in the amount of $14,501,842.98, Self Insurance payments from April 8, 2016 to April 21, 2016, in the amount of $345,930.86 totaling, $14,847,773.84. Staff recommends report be received and filed. BACKGROUND: ATTACHMENTS: Description Type D 1 /kP Check Regi'isteir/kdirNin 05 04 16 BackU�p IMateirila. � D 2 EPay Check Regilsteir/kdirNin 05 04 '16 BackU�p IMateirila. � 05104116 CC AGENDA PAGE 58 4/21/2016 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1 FROM 4/08/2016 TO 4/21/2016 Check Vendor Number Number Vendor Name Check Date Check Amount 635444 10037 ADVANCED PLUMBING SERVICE Apr 8, 2016 $200.00 635445 124 AIR- DRAULICS SALES & SERVICE Apr 8, 2016 $561.77 635446 10047 AVILA, FRANCISCO B & TANIA R Apr 8, 2016 $93.64 635447 10037 BAKERSFIELD PLUMBING Apr 8, 2016 $500.00 635448 10037 CONSTANTINO MENDOZA Apr 8, 2016 $200.00 635449 10037 DANIEL COONTZ Apr 8, 2016 $200.00 635450 10037 DARILYN HUM PHREY Apr 8, 2016 $200.00 635451 28793 DEARKLAND, DAVID Apr 8, 2016 $30,002.00 635452 10047 ESG REPUBLIC Apr 8, 2016 $1,045.12 635453 10047 FLORES, RONALD S & NANCY L Apr 8, 2016 $60.00 635454 10047 GARY FUSSEL Apr 8, 2016 $46.11 635455 7933 HOME DEPOT Apr 8, 2016 $338.52 635456 10047 JS AG PACKAGING INC Apr 8, 2016 $111.43 635457 10037 JUAN A ROJO CASTANEDA Apr 8, 2016 $90.56 635458 4435 KERN COUNTY CLERKS Apr 8, 2016 $100.00 635459 4435 KERN COUNTY CLERKS Apr 8, 2016 $2,210.25 635460 4435 KERN COUNTY CLERKS Apr 8, 2016 $2,210.25 635461 4435 KERN COUNTY CLERKS Apr 8, 2016 $2,260.25 635462 10047 KIM, DAVID Apr 8, 2016 $84.28 635463 10047 LAMS CHINESE RESTAURANT Apr 8, 2016 $490.31 635464 28794 LENNAR HOMES OF CALIFORNIA, INC Apr 8, 2016 $42,506.70 635465 15624 LOWE'S HOME IMPROVEMENT Apr 8, 2016 $658.85 635466 10047 M &R INVESTMENTS GROUP LLC Apr 8, 2016 $742.05 635467 28798 MADERA, LORETTA Apr 8, 2016 $2,000.00 635468 10037 MARGARET MURPHY Apr 8, 2016 $20.00 635469 10047 MASELLI CAMPAGNA MARY Apr 8, 2016 $15.43 635470 10047 MCALISTER, MICHELLE Apr 8, 2016 $188.33 635471 22602 MCCORMICK, BARSTOW, SHEPPARD, Apr 8, 2016 $290.00 635472 27493 MENJIVAR, SERGIO Apr 8, 2016 $4,680.00 635473 28366 MINOR, TYLER Apr 8, 2016 $78.00 635474 6448 P T O SALES CORP / TRUCKPRO LLC Apr 8, 2016 $67.73 635475 13209 PARKHOUSE TIRE INC Apr 8, 2016 $1,309.02 635476 10047 PENSINGER PROPERTIES, INC. Apr 8, 2016 $60.00 635477 10047 PIRATE STAFFING Apr 8, 2016 $73.51 635478 178 PRAXAIR DISTRIBUTION INC Apr 8, 2016 $303.99 635479 10047 PRIDDY, SHANNON Apr 8, 2016 $93.64 635480 10037 RALPH POEHNER Apr 8, 2016 $200.00 635481 6682 RAYMONDS TROPHY AND AWARDS Apr 8, 2016 $65.45 635482 10047 REALTY DIMENSIONS PROPERTY MGMT Apr 8, 2016 $60.00 635483 6727 REFRIGERATION SUPPLIES DIST. INC Apr 8, 2016 $155.38 635484 70025 RO O PLUMBING Apr 8, 2016 $800.00 635485 6915 ROUND -UP FEED AND PET SUPPLY Apr 8, 2016 $411.65 635486 7283 SEQUOIA PAINT COMPANY INC Apr 8, 2016 $43.32 635487 11090 SHERWIN WILLIAMS COMPANY Apr 8, 2016 $88.98 635488 10047 STAR LUCK ENTERPRISES INC Apr 8, 2016 $46.06 635489 28796 STEWART, BARBARA Apr 8, 2016 $1,218.00 635490 19143 SUZETTE'S CLEANERS Apr 8, 2016 $1,069.74 635491 28795 THOMAS, TERRELL Apr 8, 2016 $4,040.00 635492 10047 TRUXTUN PSYCHIATRIC MEDICAL Apr 8, 2016 $23.72 635493 96 TYACK TIRES INC Apr 8, 2016 $806.91 635494 21212 WHITE CAP CONSTRUCTION SUPPLY Apr 8, 2016 $98.72 635495 24241 HUB INTERNATIONAL Apr 8, 2016 $182.74 S: \Accounting \Dawn T \Admin - Council \2016 \COUNCIL- ADMIN\ 05104116 CC AGENDA PAGE 59 4/21/2016 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 4/08/2016 TO 4/21/2016 Check Vendor Number Number Vendor Name Check Date Check Amount 635496 4435 KERN COUNTY CLERKS Apr 8, 2016 $2,260.25 635497 10196 KERN COUNTY D A'S OFFICE Apr 8, 2016 $3,850.00 635498 4550 KERN COUNTY SUPT OF SCHOOLS Apr 8, 2016 $1,277,904.14 635501 6376 PIONEER PAINT Apr 8, 2016 $10,121.53 635503 10428 UNITED REFRIGERATION INC Apr 8, 2016 $819.10 635504 10204 ASSOCIATION BKFD POLICE OFFICER FCU Apr 8, 2016 $14,880.55 635505 10211 BAKERSFIELD FIREMEN Apr 8, 2016 $8,809.11 635506 10200 BAKERSFIELD FIREMEN RELIEF ASS Apr 8, 2016 $8,355.49 635507 10203 BAKERSFIELD POLICE BENEFIT Apr 8, 2016 $25,107.71 635508 10198 KERN COUNTY PUBLIC EMP ASSOC Apr 8, 2016 $546.48 635509 10205 MUTUAL BENEFIT ASSOCIATION Apr 8, 2016 $2,015.71 635510 26810 RELIASTAR LIFE INSURANCE CO Apr 8, 2016 $876.35 635511 22324 SEIU LOCAL 521 Apr 8, 2016 $20,856.88 635512 28 A C ELECTRIC COMPANY Apr 14, 2016 $19,606.78 635513 19772 A R C NETWORK LLC Apr 14, 2016 $175.00 635514 26559 A 1 PRECISION BUILDERS Apr 14, 2016 $1,945.00 635515 25334 ABOVE AND BEYOND CONSTRUCTION Apr 14, 2016 $513.00 635516 25208 ACCESS CONTROLS Apr 14, 2016 $1,417.00 635517 20576 ACTION GLASS INC Apr 14, 2016 $602.73 635518 78 ADVANCED DISTRIBUTION CO Apr 14, 2016 $1,063.58 635519 17100 AEROS ENVIRONMENTAL INC Apr 14, 2016 $5,037.50 635520 28773 AHART, JUSTIN Apr 14, 2016 $63.00 635521 23588 ALUMINUM CHUCK WAGON Apr 14, 2016 $9,581.88 635522 27366 AMERICAN MESSAGING Apr 14, 2016 $182.16 635523 347 AMREP INC Apr 14, 2016 $58.33 635524 28604 APARICIO, LUCIANO Apr 14, 2016 $125.00 635525 1049 APPLIED LNG TECHNOLOGIES, LLC Apr 14, 2016 $1,670.09 635526 26437 ARIZONA INSTRUMENT LLC Apr 14, 2016 $11,812.50 635527 12277 ASSOCIATION OF COMPOST PRODUCE Apr 14, 2016 $416.67 635528 18417 ATTORNEYS CERTIFIED SERVICES Apr 14, 2016 $583.00 635529 27496 AVEPOINT PUBLIC SECTOR INC Apr 14, 2016 $2,097.50 635530 536 AVERY ASSOCIATES Apr 14, 2016 $3,150.00 635531 13028 B & H PHOTO VIDEO INC Apr 14, 2016 $328.00 635532 652 BACSCO Apr 14, 2016 $13.61 635533 25940 BACA, ANTHONY Apr 14, 2016 $126.00 635534 675 BAKERSFIELD CALIFORNIAN Apr 14, 2016 $3,948.42 635535 23342 BAKERSFIELD LOCK AND SAFE CO INC Apr 14, 2016 $41.50 635536 857 BAKERSFIELD S P C A Apr 14, 2016 $989.55 635537 875 BAKERSFIELD TRUCK CENTER Apr 14, 2016 $59.26 635538 877 BAKERSFIELD WELL & PUMP Apr 14, 2016 $16,405.90 635539 896 BAKERSFIELD WINNELSON COMPANY Apr 14, 2016 $42.89 635540 28807 BALLARD, WILLIAM R Apr 14, 2016 $1,574.22 635541 11248 BANKS PEST CONTROL Apr 14, 2016 $600.00 635542 13424 BARNES WELDING SUPPLY Apr 14, 2016 $72.54 635543 19513 BELL, CHRIS Apr 14, 2016 $75.23 635544 23444 BILLINGSLEY, MATTHEW Apr 14, 2016 $1,358.75 635545 21172 BLACKHOLE TECHNOLOGIES INC Apr 14, 2016 $1,120.05 635546 26219 BLOORE K9 TRAINING & CONSULTING Apr 14, 2016 $1,950.00 635547 22817 BORN AGAIN BODYWORKS Apr 14, 2016 $9,563.41 635548 18692 BOUND TREE MEDICAL LLC Apr 14, 2016 $2,794.19 635549 28382 BR FROST COMPANY Apr 14, 2016 $11,600.00 635550 23051 BRENNTAG PACIFIC Apr 14, 2016 $1,147.03 S: \Accounting \Dawn T \Admin - Council \2016 \COUNCIL- ADMIN\ 05104116 CC AGENDA PA GE 4/21/2016 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 3 FROM 4/08/2016 TO 4/21/2016 Check Vendor Number Number Vendor Name Check Date Check Amount 635551 685 BROWN AND FOWLER CONSTRUCTION Apr 14, 2016 $21,375.00 635552 24464 BROWN, CLAUDE Apr 14, 2016 $189.00 635553 16565 BTE COMMUNICATIONS LLC Apr 14, 2016 $190.00 635554 10267 BUDGET BOLT INC Apr 14, 2016 $514.92 635555 1477 CAL VALLEY EQUIPMENT INC Apr 14, 2016 $112.38 635556 24940 CAMPBELL, CHRIS Apr 14, 2016 $630.00 635557 22395 CARMONA, ARTHUR Apr 14, 2016 $125.00 635558 26088 CAROUSEL INDUSTRIES Apr 14, 2016 $18,017.05 635559 27204 CASTANEDA, MATHEW Apr 14, 2016 $126.00 635560 28161 CEMEX INC Apr 14, 2016 $475.14 635561 27074 CEN -CAL CONSTRUCTION INC Apr 14, 2016 $45,355.39 635562 1888 CHAMPION HARDWARE Apr 14, 2016 $951.58 635563 28494 COOK, DAVID Apr 14, 2016 $125.00 635564 4433 COUNTY OF KERN ENVIRONMENTAL Apr 14, 2016 $12,565.70 635565 24685 CREEKVIEW VILLAS HOA Apr 14, 2016 $175.00 635566 27839 CRITTERS WITHOUT LITTERS Apr 14, 2016 $4,000.00 635567 23132 CUEVAS, ARAN Apr 14, 2016 $85.99 635568 2253 CULLIGAN WATER CONDITIONING Apr 14, 2016 $37.30 635569 27218 CUMMINS PACIFIC LLC Apr 14, 2016 $3,359.92 635570 27296 D & D DISPOSAL INC Apr 14, 2016 $800.00 635571 28148 D P CONSULTING Apr 14, 2016 $3,200.00 635572 25063 DANIEL JR, AL ERTO Apr 14, 2016 $63.00 635573 25337 DAVES FLEET MAINT & TOWING INC Apr 14, 2016 $35.00 635574 28808 DAVIS, JOSEPH Apr 14, 2016 $135.00 635575 2442 DELANEY & AHLF DIESEL SERVICE INC Apr 14, 2016 $6,105.03 635576 12654 DEMOS GEORGE & JOSEPHINE J FML Apr 14, 2016 $41.51 635577 27813 DIAZ, JOSE I Apr 14, 2016 $2,476.13 635578 28748 DIPIETRO & ASSOCIATES INC Apr 14, 2016 $21,355.96 635579 2613 DOUGLASS TRUCK BODIES INC Apr 14, 2016 $661.47 635580 2769 EL POPULAR CALIFORNIA Apr 14, 2016 $787.00 635581 2752 ELBERT DISTRIBUTING Apr 14, 2016 $32.28 635582 14529 ENDRESS +HAUSER Apr 14, 2016 $5,462.56 635583 2811 ENTENMANN ROVIN CO Apr 14, 2016 $582.95 635584 23720 ERNEST PACKING SOLUTIONS INC Apr 14, 2016 $1,109.49 635585 2830 EWING IRRIGATION PRODUCTS Apr 14, 2016 $89.23 635586 2901 FEDEX Apr 14, 2016 $5.84 635587 2928 FIDLER, KEVIN Apr 14, 2016 $160.00 635588 28511 FIRST ADVANTAGE BACKGROUND Apr 14, 2016 $66.00 635589 19657 FIRST CHOICE SERVICES INC Apr 14, 2016 $361.05 635590 17280 FISHMAN, LYUDMILA Apr 14, 2016 $158.97 635591 26311 FLOWERS, MARTY Apr 14, 2016 $126.00 635592 3028 FLOYDS GENERAL STORE Apr 14, 2016 $237.48 635593 22966 FORENSIC NURSE SPECIALISTS INC Apr 14, 2016 $4,800.00 635594 19591 FORK LIFT SPECIALTIES INC Apr 14, 2016 $9,972.92 635595 26467 GALLEGOS, JACOB R Apr 14, 2016 $118.24 635596 3213 GALLS / QUARTERMASTER Apr 14, 2016 $2,679.33 635597 26334 GANN, TAYLOR Apr 14, 2016 $63.00 635598 28178 GARCIA, ADAM Apr 14, 2016 $405.00 635599 308 GARDENERS SUPPLY Apr 14, 2016 $237.45 635600 19119 GARVEY EQUIPMENT CO INC Apr 14, 2016 $296.21 635601 3358 GILLIAM & SONS INC Apr 14, 2016 $25,886.54 635602 3379 GLOBAL EQUIPMENT COMPANY Apr 14, 2016 $863.76 S: \Accounting \Dawn T \Admin - Council \2016 \COUNCIL- ADMIN\ 05104116 CC AGENDA PAGE 61 4/21/2016 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 4 FROM 4/08/2016 TO 4/21/2016 Check Vendor Number Number Vendor Name Check Date Check Amount 635603 18722 GLO ALSTAR USA INC Apr 14, 2016 $117.97 635604 3403 GOLDEN STATE PETERBILT Apr 14, 2016 $189.00 635605 3427 GRAINGER INC, W W Apr 14, 2016 $420.17 635606 24247 DREGS PETROLEUM SERVICES INC Apr 14, 2016 $4,759.79 635607 26383 GRIMES, JEFF Apr 14, 2016 $125.00 635608 24693 GRUBBS, JOSH Apr 14, 2016 $126.00 635609 19408 GUTIERREZ, JOSE Apr 14, 2016 $125.00 635610 3569 H & S BODY WORKS & TOWING Apr 14, 2016 $75.00 635611 17602 HACH COMPANY /C /O PONTON IND INC Apr 14, 2016 $7,446.66 635612 13791 HALE, MICHAEL Apr 14, 2016 $160.00 635613 3593 HALL LETTER SHOP Apr 14, 2016 $994.75 635614 10355 HERTZ EQUIPMENT RENTAL CORP Apr 14, 2016 $14,894.13 635615 25660 HORIZON WATER & ENVIRONMENT LLC Apr 14, 2016 $9,735.29 635616 20795 IPC USA INC Apr 14, 2016 $19,021.87 635617 147 JIM ALFTER CEMENT CONTRACTOR Apr 14, 2016 $92.80 635618 28256 JORDAN, CHARLES Apr 14, 2016 $250.00 635619 4243 JORGENSEN & CO Apr 14, 2016 $256.67 635620 28804 JOSHUA SONGER AND THE LAW OFFICES Apr 14, 2016 $6,500.00 635621 22927 JUAREZ, SAMUEL Apr 14, 2016 $89.99 635622 4254 JUDICIAL DATA SYSTEMS CORPORAT Apr 14, 2016 $263.84 635623 26066 KARR, STEVEN Apr 14, 2016 $126.00 635624 22379 KEMIRA WATER SOLUTIONS INC Apr 14, 2016 $5,900.68 635625 19570 KERN COUNTY RECORDER Apr 14, 2016 $11.00 635626 4581 KERN ELECTRIC DISTRIBUTORS Apr 14, 2016 $357.76 635627 26248 KERN PRINT SERVICES INC Apr 14, 2016 $116.36 635628 4677 KERN REFUSE DISPOSAL, INC Apr 14, 2016 $7,600.00 635629 4680 KERN RIVER POWER EQUIPMENT INC Apr 14, 2016 $242.18 635630 4701 KERN SPRINKLER LANDSCAPING INC Apr 14, 2016 $29,773.02 635632 4740 KERN TURF SUPPLY Apr 14, 2016 $31,676.15 635633 23434 KINNEY, STEVEN P Apr 14, 2016 $345.00 635634 4861 KISCO SALES INC Apr 14, 2016 $723.67 635635 4277 KME FIRE APPARATUS Apr 14, 2016 $93.63 635636 4875 KNIGHTS PUMPING & PORTABLE SVC INC Apr 14, 2016 $494.90 635637 70078 KNIGHTS PUMPING & PORTABLE SVC INC Apr 14, 2016 $335.00 635638 26294 KRONOS INCORPORATED Apr 14, 2016 $26,139.01 635639 12552 KURB KUT Apr 14, 2016 $360.00 635640 14219 L A GRINDING INC Apr 14, 2016 $75.00 635641 23743 LANDSCAPE DEVELOPMENT INC Apr 14, 2016 $1,348.33 635642 28787 LAWONG, BUSBA Apr 14, 2016 $63.00 635643 22408 LEHR AUTO ELECTRIC Apr 14, 2016 $501.12 635644 10955 LEXISNEXIS Apr 14, 2016 $595.00 635645 25044 LEXISNEXIS RISK SOLUTIONS INC Apr 14, 2016 $566.55 635646 5118 LOCAL AGENCY FORMATION COMMISS Apr 14, 2016 $240.31 635647 5121 LOCAL GOVERNMENT PUBLICATIONS Apr 14, 2016 $118.66 635648 19345 LOMAS, BARBARA Apr 14, 2016 $50.00 635649 15624 LOWE'S HOME IMPROVEMENT Apr 14, 2016 $806.67 635650 28596 MALDONADO, DANIEL H Apr 14, 2016 $118.24 635651 28801 MARTIN, BRANDON Apr 14, 2016 $1,154.66 635652 21688 MARTINEZ, NOE Apr 14, 2016 $125.00 635653 16016 MCINTOSH & ASSOCIATES Apr 14, 2016 $3,039.30 635654 5441 MEGAHERTZ AVIONICS INC Apr 14, 2016 $409.57 635655 7064 MERCHANTS PRINTING & ENVELOPE Apr 14, 2016 $673.50 S: \Accounting \Dawn T \Admin - Council \2016 \COUNCIL- ADMIN\ 05104116 CC AGENDA PAGE 62 4/21/2016 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 5 FROM 4/08/2016 TO 4/21/2016 Check Vendor Number Number Vendor Name Check Date Check Amount 635656 24077 MICHEL AUTO TECH Apr 14, 2016 $1,825.33 635657 21693 MICHEL, AL ERTO Apr 14, 2016 $118.23 635658 5547 MINUTEMAN PRESS Apr 14, 2016 $310.37 635659 27497 MISCHKE, JULIE DVM Apr 14, 2016 $815.00 635660 28768 MKN & ASSOCIATES INC Apr 14, 2016 $3,430.02 635661 19168 MMI SERVICES INC Apr 14, 2016 $612.50 635662 28802 MOLINA, BRIGGETTE JEANETTE Apr 14, 2016 $1,524.50 635663 5634 MONROE SYSTEMS FOR BUSINESS Apr 14, 2016 $58.51 635664 28454 MORMASTRO TRANSPORTAT INC Apr 14, 2016 $525.00 635665 5688 MOTION INDUSTRIES INC Apr 14, 2016 $254.32 635666 17383 MOTON, LISA Apr 14, 2016 $82.75 635667 5708 MOTOROLA INC Apr 14, 2016 $9,769.89 635668 885 MSC INDUSTRIAL SUPPLY CO INC Apr 14, 2016 $160.54 635669 26101 MULOCK FAMILY TRUST Apr 14, 2016 $71.58 635670 5804 NAPA AUTO PARTS Apr 14, 2016 $69.40 635671 25752 NISHIKAWA PROPERTY MAINTENANCE INC Apr 14, 2016 $9,309.00 635672 5923 NORTH KERN WATER STORAGE DIST Apr 14, 2016 $9,008.40 635673 15651 NSI SOLUTIONS INC Apr 14, 2016 $426.50 635674 28687 NV5 INC Apr 14, 2016 $6,241.78 635675 24279 O'REILLY AUTO PARTS Apr 14, 2016 $48.15 635676 10361 OPEN & SHUT ENTERPRISES Apr 14, 2016 $85.00 635677 6025 ORR SAFETY Apr 14, 2016 $635.59 635678 20828 PARSONS TRANSPORTATION GROUP INC Apr 14, 2016 $1,469,786.54 635679 6076 PB LOADER MANUFACTURING CO Apr 14, 2016 $18,912.81 635680 25270 PENINSULA MESSENGER INC Apr 14, 2016 $256.56 635681 11272 PEOPLE FACTS LLC Apr 14, 2016 $133.03 635682 22381 PEREZ, MIGUEL Apr 14, 2016 $171.09 635683 24493 PERISCOPE HOLDINGS INC Apr 14, 2016 $445.50 635684 27514 PHILLIPS, CHARLIE Apr 14, 2016 $189.00 635685 26703 PLUMBERS DEPOT Apr 14, 2016 $569.75 635686 24581 POPICHAK, MICHAEL Apr 14, 2016 $63.00 635687 27911 PORTERVILLE FORD Apr 14, 2016 $1,755.89 635688 178 PRAXAIR DISTRIBUTION INC Apr 14, 2016 $907.61 635689 28567 PRESORT CENTER OF FRESNO LLC Apr 14, 2016 $256.81 635690 27546 PRIEST, JOSHUA Apr 14, 2016 $360.00 635691 27625 PROTECTION FORCE PRIVATE SECURITY I Apr 14, 2016 $1,245.00 635692 26242 QUALITY FIRE TRUCK PARTS Apr 14, 2016 $43.83 635693 10004 R J THOMAS MANUFACTURING Apr 14, 2016 $398.00 635694 6653 RAIN FOR RENT INC Apr 14, 2016 $874.06 635695 17190 RAMIREZ, RU EN Apr 14, 2016 $125.00 635696 20713 RANDY'S TOWING Apr 14, 2016 $70.00 635697 3249 RAY GASKIN SERVICE INC Apr 14, 2016 $91.70 635698 19028 RAYA, MIGUEL ANGEL Apr 14, 2016 $91.33 635699 28480 READY REFRESH Apr 14, 2016 $289.76 635700 6727 REFRIGERATION SUPPLIES DIST. INC Apr 14, 2016 $43.00 635701 22174 REMENTEGUI, JEAN - PIERRE Apr 14, 2016 $125.00 635702 28284 RODRIGUEZ, DEREK Apr 14, 2016 $900.00 635703 6915 ROUND -UP FEED AND PET SUPPLY Apr 14, 2016 $289.11 635704 28665 ROUTE READY PARTS Apr 14, 2016 $1,060.60 635705 28803 RUDNICK, OSCAR Apr 14, 2016 $50.00 635706 27515 RULOPH, GREG Apr 14, 2016 $126.00 635707 21747 SANCHEZ, FRANCISCO G Apr 14, 2016 $124.68 S: \Accounting \Dawn T \Admin - Council \2016 \COUNCIL- ADMIN\ 05104116 CC AGENDA PAGE 63 4/21/2016 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 6 FROM 4/08/2016 TO 4/21/2016 Check Vendor Number Number Vendor Name Check Date Check Amount 635708 28805 SANDRA SONGER AND THE LAW OFFICES Apr 14, 2016 $8,500.00 635709 27361 SC FUELS Apr 14, 2016 $3,727.94 635710 27558 SCHWARTZ, RICHARD Apr 14, 2016 $50.00 635711 22839 SECURITY PAVING CO, INC Apr 14, 2016 $195,103.50 635712 18195 SEHI COMPUTER PRODUCTS INC Apr 14, 2016 $1,494.25 635713 11090 SHERWIN WILLIAMS COMPANY Apr 14, 2016 $128.01 635714 22313 SIEMENS DEMAG DELAVAL TUR OMACH INC Apr 14, 2016 $3,264.70 635715 12058 SLOAN, EDGAR Q Apr 14, 2016 $180.00 635716 7434 SMART & FINAL IRIS COMPANY Apr 14, 2016 $221.22 635717 7459 SNIDER'S INC Apr 14, 2016 $105.53 635718 11566 SOIL CONTROL LAB INC Apr 14, 2016 $484.00 635719 23456 SORENSON,VERNON MD INC Apr 14, 2016 $5,776.00 635720 24476 SOTO, ROBERT Apr 14, 2016 $189.00 635721 18357 SOUTHWEST VETERINARY HOSPITAL Apr 14, 2016 $131.59 635722 11907 SPARKLETTS /SIERRA SPRINGS Apr 14, 2016 $318.77 635723 25140 SPECIAL SERVICES GROUP LLC Apr 14, 2016 $1,200.00 635724 11276 STATE BOARD OF EQUALIZATION Apr 14, 2016 $500.00 635725 24423 STRONG, DAVID Apr 14, 2016 $50.00 635726 3565 SUNGARD PUBLIC SECTOR INC Apr 14, 2016 $155.63 635727 7750 SURFACE PUMPS INC Apr 14, 2016 $446.13 635728 28163 SWITZER, PHILIP Apr 14, 2016 $189.00 635729 7804 SYMPRO INC Apr 14, 2016 $3,523.00 635730 20708 T & T PAVEMENT MARKINGS Apr 14, 2016 $2,472.50 635731 276 TAYLOR EQUIPMENT & REPAIR, INC Apr 14, 2016 $5,364.37 635732 22165 TECH DISTRIBUTION & TIRE SUPPLY INC Apr 14, 2016 $437.80 635733 27973 TEMPEST INTERACTIVE MEDIA LLC Apr 14, 2016 $200.00 635734 739 THE LIGHTHOUSE INC Apr 14, 2016 $975.01 635735 25996 TILLMAN, WILLIAM Apr 14, 2016 $280.94 635736 11351 TKAC, JEFFERY G Apr 14, 2016 $25.00 635737 245 TURK'S KERN COPY INC Apr 14, 2016 $792.35 635738 96 TYACK TIRES INC Apr 14, 2016 $668.56 635739 28688 UNIVERSAL PROTECTION SERVICE Apr 14, 2016 $8,695.50 635740 21501 URBAN RESTORATION INC Apr 14, 2016 $2,482.75 635741 26060 VANGUARD CLEANING SYSTEMS INC Apr 14, 2016 $450.00 635742 15482 VULCAN MATERIALS CO Apr 14, 2016 $43.35 635743 25957 WADE, PATRICK Apr 14, 2016 $50.00 635744 14647 WAXIE SANITARY SUPPLY INC Apr 14, 2016 $1,333.91 635745 28739 WESTAIR GASES & EQUIPMENT INC Apr 14, 2016 $93.52 635746 26447 WESTCOAST HYDRAULICS Apr 14, 2016 $252.76 635747 21212 WHITE CAP CONSTRUCTION SUPPLY Apr 14, 2016 $70.99 635748 27545 WHITWORTH, BRANDON M. Apr 14, 2016 $85.99 635749 27746 WILLIAMS, BRYAN Apr 14, 2016 $50.00 635750 26479 WOLFPACK GEAR INC Apr 14, 2016 $1,645.13 635751 19729 WOMACK, JAMES Apr 14, 2016 $620.00 635752 26909 YORK RISK SERVICES GROUP INC Apr 14, 2016 $16,396.51 635753 25646 ZAMORA, JOSE Apr 14, 2016 $125.00 635754 9244 ZEP MANUFACTURING COMPANY Apr 14, 2016 $340.79 635755 28153 ZERBEE BUSINESS PRODUCTS Apr 14, 2016 $41.09 635756 25879 ZOOM IMAGING SOLUTIONS, INC. Apr 14, 2016 $1,306.30 635757 12516 AIMS Apr 14, 2016 $688.50 635761 1696 CALIFORNIA WATER SERVICE Apr 14, 2016 $22,312.31 635762 11937 CITY OF BAKERSFIELD Apr 14, 2016 $4,747.92 S: \Accounting \Dawn T \Admin - Council \2016 \COUNCIL- ADMIN\ 05104116 CC AGENDA PAGE 4/21/2016 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 7 FROM 4/08/2016 TO 4/21/2016 Check Vendor Number Number Vendor Name Check Date Check Amount 635764 24854 DEWEY PEST CONTROL INC Apr 14, 2016 $1,004.00 635765 2714 EAST NILES COMMUNITY SERVICES Apr 14, 2016 $1,328.04 635766 2959 FIRST AMERICAN TITLE COMPANY Apr 14, 2016 $6,046.24 635767 2959 FIRST AMERICAN TITLE COMPANY Apr 14, 2016 $4,769.96 635768 7509 GAS COMPANY Apr 14, 2016 $472.58 635770 7933 HOME DEPOT Apr 14, 2016 $966.74 635771 5118 LOCAL AGENCY FORMATION COMMISS Apr 14, 2016 $844.00 635772 5118 LOCAL AGENCY FORMATION COMMISS Apr 14, 2016 $844.00 635773 19466 MAGANA, SUSAN Apr 14, 2016 $202.24 635774 5700 MOTON, LISA Apr 14, 2016 $70.79 635775 18230 OILDALE MUTUAL WATER COMPANY Apr 14, 2016 $31.20 635776 11050 PACIFIC GAS & ELECTRIC CFM /PPC Apr 14, 2016 $1,719.65 635777 6114 PACIFIC GAS & ELECTRIC COMPANY Apr 14, 2016 $2,972.36 635778 25843 PINELL, TOM Apr 14, 2016 $2,600.00 635781 6376 PIONEER PAINT Apr 14, 2016 $11,200.22 635782 7096 SJVAPCD Apr 14, 2016 $2,678.00 635783 14347 SPORTS TURF MANAGERS ASSOC Apr 14, 2016 $210.00 635784 10623 STATE BOARD OF EQUALIZATION Apr 14, 2016 $3,577.74 635785 27271 TRAFFIC DEVELOPMENT SERVICES INC Apr 14, 2016 $6,078.35 635786 15212 U.S. BEHAVIORAL HEALTH PLAN Apr 14, 2016 $1,146.53 635787 1531 UC REGENTS Apr 14, 2016 $395.00 635789 10428 UNITED REFRIGERATION INC Apr 14, 2016 $4,593.22 635790 8611 VAUGHN WATER CO., INC. Apr 14, 2016 $3,821.59 635791 8611 VAUGHN WATER CO., INC. Apr 14, 2016 $41.95 635794 15482 VULCAN MATERIALS CO Apr 14, 2016 $306,800.70 635795 30021 KAISER PERMANENTE Apr 14, 2016 $189,072.32 635796 30002 MEDICAL EYE SERVICE COMPANY Apr 14, 2016 $5,699.20 635797 30026 METLIFE INC Apr 14, 2016 $44,649.79 635798 26810 RELIASTAR LIFE INSURANCE CO Apr 14, 2016 $3,009.34 635799 30027 U S BANK - PARS #6746022400 Apr 14, 2016 $2,415.60 635800 30003 UNITED HEALTH CARE Apr 14, 2016 $13,154.02 635801 30020 UNUM Apr 14, 2016 $5,483.65 635802 28781 AGUILERA, EDGAR Apr 15, 2016 $4,948.24 635803 70228 AMERICAN CROWN CIRCUS INC Apr 15, 2016 $1,000.00 635804 10047 AMERICAN LEGION Apr 15, 2016 $45.00 635805 10047 BENERAL, AJIT Apr 15, 2016 $621.81 635806 10047 BORCK, JERRY & REINA Apr 15, 2016 $38.78 635807 10047 BRUNDAGE PROP LLC Apr 15, 2016 $30.52 635808 24850 BUCHANAN, JAMES Apr 15, 2016 $3,072.00 635809 1694 CALIFORNIA WATER SERVICE Apr 15, 2016 $10,984.53 635810 10047 CARDINAL EQUITIES LLC Apr 15, 2016 $471.86 635811 28771 CARL KARCHER ENTERPRISES Apr 15, 2016 $187.13 635812 10047 CAROSELLA, TOM Apr 15, 2016 $126.10 635813 10047 CATANOS AUTO BODY & PAINT Apr 15, 2016 $35.23 635814 10047 CHALOYPHIAN, CHAI Apr 15, 2016 $30.00 635815 10047 CLARK, JON Apr 15, 2016 $5.00 635816 10047 CLOWES, KATHRYN Apr 15, 2016 $25.00 635817 10037 DINKY NATION Apr 15, 2016 $500.00 635818 10047 ELDER, MICHAEL Apr 15, 2016 $20.00 635819 10047 ERDI DEVELOPMENT Apr 15, 2016 $12.14 635820 10047 ESTATE OF GERALD WEBER Apr 15, 2016 $830.88 635821 10037 FA IAN GUZMAN Apr 15, 2016 $51.00 S: \Accounting \Dawn T \Admin - Council \2016 \COUNCIL- ADMIN\ 05104116 CC AGENDA PAGE 65 4/21/2016 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 8 FROM 4/08/2016 TO 4/21/2016 Check Vendor Number Number Vendor Name Check Date Check Amount 635822 10037 FRATERNAL ORDER OF EAGLE Apr 15, 2016 $197.00 635823 10037 GEYTF CENTRAL FOOTBALL Apr 15, 2016 $250.00 635824 70135 GO FOR IT EVENTS Apr 15, 2016 $1,500.00 635825 16862 HEALTHCOMP INC Apr 15, 2016 $157.08 635826 10047 HINDS, SUZANNE Apr 15, 2016 $866.18 635827 4429 KERN COUNTY AUDITOR CONTROLLER Apr 15, 2016 $2,008.50 635828 10047 KERN MEDICAL CENTER Apr 15, 2016 $56.48 635829 10047 L A REALTY PCC- LM 1S21 Apr 15, 2016 $28.97 635830 10047 MARTIN, GEORGE F Apr 15, 2016 $5.00 635831 10047 MARTIN, JEFFERY N. Apr 15, 2016 $5.00 635832 10037 NIGHT TERROR PRODUCTIONS LLC Apr 15, 2016 $200.00 635833 10037 PACIFIC PRODUCTION SERVICES Apr 15, 2016 $200.00 635834 10047 PIERCE, DOLPHUS D Apr 15, 2016 $5.00 635835 10047 PISAR, CHRISTOPHER Apr 15, 2016 $12.50 635836 10047 PRICKETTS DISTRIBUTING INC Apr 15, 2016 $49.98 635837 10047 QUINLAN, SCOTT Apr 15, 2016 $5.00 635838 70214 QUINTANA, DAVID Apr 15, 2016 $1,000.00 635839 10047 RAMIREZ, JOSE Apr 15, 2016 $296.32 635840 10047 RIAR, PARGAT SINGH Apr 15, 2016 $190.02 635841 10037 ROBERT PELLIEN Apr 15, 2016 $200.00 635842 10047 RU IN, ELISSA B. Apr 15, 2016 $163.13 635843 10047 SGS NORTH AMERICA Apr 15, 2016 $150.00 635844 10037 SHAWN HART Apr 15, 2016 $200.00 635845 10047 SHERWOOD, RICHARD DALE Apr 15, 2016 $5.00 635846 10037 STANLEY PETERSON Apr 15, 2016 $55.00 635847 10037 STEWARDS INC Apr 15, 2016 $397.00 635848 70216 TAK O EVENTS Apr 15, 2016 $500.00 635849 10047 TERRELL, HENRY Apr 15, 2016 $25.00 635850 28712 WINMARK, LLC Apr 15, 2016 $1,890.00 635851 28488 WOOD, VICTORIA Apr 15, 2016 $68.25 635852 14993 CALIFORNIA AIR RESOURCES BOARD Apr 15, 2016 $3,791.00 635853 2465 DEPARTMENT OF CONSERVATION Apr 15, 2016 $17,255.61 635854 2468 DEPARTMENT OF JUSTICE Apr 15, 2016 $884.00 635859 7638 STATE BOARD OF EQUALIZATION Apr 15, 2016 $4,750.00 635860 26559 A 1 PRECISION BUILDERS Apr 21, 2016 $3,038.00 635861 15433 ADVANCE MOBILE SECURITY Apr 21, 2016 $118.25 635862 28773 AHART, JUSTIN Apr 21, 2016 $84.00 635863 16995 ALPINE TREE & TRACTOR SERVICE Apr 21, 2016 $244.00 635864 23588 ALUMINUM CHUCK WAGON Apr 21, 2016 $5,719.58 635865 28369 ALVAREZ, LUIS Apr 21, 2016 $147.00 635866 26835 AMERICAN RED CROSS - HEALTH & Apr 21, 2016 $35.00 635867 320 AMERICAN WATER WORKS ASSOC Apr 21, 2016 $394.83 635868 17585 AMERINATIONAL COMMUNITY SERV INC Apr 21, 2016 $919.50 635869 347 AMREP INC Apr 21, 2016 $67.82 635870 1049 APPLIED LNG TECHNOLOGIES, LLC Apr 21, 2016 $29,456.16 635871 523 ATCO INTERNATIONAL Apr 21, 2016 $157.70 635872 18417 ATTORNEYS CERTIFIED SERVICES Apr 21, 2016 $133.50 635873 28588 AUTOMATED VALVE & CONTROL Apr 21, 2016 $3,520.00 635874 536 AVERY ASSOCIATES Apr 21, 2016 $1,896.92 635875 25940 BACA, ANTHONY Apr 21, 2016 $105.00 635876 675 BAKERSFIELD CALIFORNIAN Apr 21, 2016 $330.04 635877 971 BAKERSFIELD PLUMBING CO INC Apr 21, 2016 $470.00 S: \Accounting \Dawn T \Admin - Council \2016 \COUNCIL- ADMIN\ 05104116 CC AGENDA PA GE 4/21/2016 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 9 FROM 4/08/2016 TO 4/21/2016 Check Vendor Number Number Vendor Name Check Date Check Amount 635878 841 BAKERSFIELD RUBBER STAMP CO Apr 21, 2016 $64.50 635879 857 BAKERSFIELD S P C A Apr 21, 2016 $3,254.60 635880 25203 BAKERSFIELD SIGNS INC Apr 21, 2016 $1,044.91 635881 875 BAKERSFIELD TRUCK CENTER Apr 21, 2016 $94.52 635882 557 BARC Apr 21, 2016 $411.50 635883 13424 BARNES WELDING SUPPLY Apr 21, 2016 $5.05 635884 945 ARNETT'S TOWING SERVICE INC Apr 21, 2016 $35.00 635885 18398 BATTERY SYSTEMS INC Apr 21, 2016 $192.30 635886 28231 BIG BRAND TIRE CO Apr 21, 2016 $604.43 635887 20235 BITTLESTON, RICHARD Apr 21, 2016 $303.10 635888 21172 BLACKHOLE TECHNOLOGIES INC Apr 21, 2016 $2,730.51 635889 28815 BLANTON, JEFFREY DON AND ANA Apr 21, 2016 $1,500.00 635890 1175 BOBS WHOLESALE AUTO GLASS Apr 21, 2016 $479.31 635891 23051 BRENNTAG PACIFIC Apr 21, 2016 $1,436.74 635892 19303 BRIGHT HOUSE NETWORKS Apr 21, 2016 $172.79 635893 28209 BROUGH CONSTRUCTION, INC Apr 21, 2016 $322,523.29 635894 1292 BROWN ARMSTRONG Apr 21, 2016 $1,800.00 635895 24464 BROWN, CLAUDE Apr 21, 2016 $105.00 635896 613 BSK & ASSOCIATES Apr 21, 2016 $2,465.00 635897 10267 BUDGET BOLT INC Apr 21, 2016 $267.20 635898 1359 BUDS BRAKE & WHEEL PARTS Apr 21, 2016 $96.55 635899 23090 BURTONS FIRE INC Apr 21, 2016 $1,702.93 635900 1477 CAL VALLEY EQUIPMENT INC Apr 21, 2016 $173.33 635901 28603 CALIFORNIA FUELS & LUBRICANTS Apr 21, 2016 $14,123.62 635902 27204 CASTANEDA, MATHEW Apr 21, 2016 $147.00 635903 28792 CATER DESIGN GROUP Apr 21, 2016 $1,000.00 635904 1888 CHAMPION HARDWARE Apr 21, 2016 $1,982.88 635905 23786 CHART INDUSTRIES Apr 21, 2016 $371.81 635906 1978 CITY BODY WORKS Apr 21, 2016 $3,298.73 635907 2050 CLIFFORD & BROWN Apr 21, 2016 $16,000.00 635908 28349 CONVERGINT TECHNOLOGIES Apr 21, 2016 $6,445.80 635909 2203 CORNERSTONE ENGINEERING INC Apr 21, 2016 $1,754.25 635910 12532 COUNTY OF KERN INFORMATION Apr 21, 2016 $12,000.00 635911 27218 CUMMINS PACIFIC LLC Apr 21, 2016 $287.49 635912 25063 DANIEL JR, AL ERTO Apr 21, 2016 $126.00 635913 25337 DAVES FLEET MAINT & TOWING INC Apr 21, 2016 $215.00 635914 4140 DAVID JANES COMPANY Apr 21, 2016 $145.09 635915 25962 DEFINITI HEALTHCARE MANAGEMENT INC Apr 21, 2016 $59.10 635916 2442 DELANEY & AHLF DIESEL SERVICE INC Apr 21, 2016 $28,238.18 635917 2469 DEPARTMENT OF JUSTICE Apr 21, 2016 $827.00 635918 25742 DISCOUNT RADIATOR CENTER Apr 21, 2016 $2,522.82 635919 2613 DOUGLASS TRUCK BODIES INC Apr 21, 2016 $126.04 635920 16493 EMERGENCY MEDICAL PRODUCTS INC Apr 21, 2016 $836.78 635921 23720 ERNEST PACKING SOLUTIONS INC Apr 21, 2016 $1,176.87 635922 2830 EWING IRRIGATION PRODUCTS Apr 21, 2016 $14.73 635923 2901 FEDEX Apr 21, 2016 $35.97 635924 19657 FIRST CHOICE SERVICES INC Apr 21, 2016 $450.22 635925 25339 FLEET SERVICES TOWING INC Apr 21, 2016 $140.00 635926 27788 FLOW N CONTROL INC Apr 21, 2016 $18,130.95 635927 26311 FLOWERS, MARTY Apr 21, 2016 $147.00 635928 3028 FLOYDS GENERAL STORE Apr 21, 2016 $336.28 635929 3090 FRANK J ZAM ONI & CO INC Apr 21, 2016 $18.74 S: \Accounting \Dawn T \Admin - Council \2016 \COUNCIL- ADMIN\ 05104116 CC AGENDA PA GE 6 7 4/21/2016 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 10 FROM 4/08/2016 TO 4/21/2016 Check Vendor Number Number Vendor Name Check Date Check Amount 635930 28623 GALCO Apr 21, 2016 $161.23 635931 3213 GALLS / QUARTERMASTER Apr 21, 2016 $1,786.22 635932 23836 GEXPRO Apr 21, 2016 $12,738.75 635933 3358 GILLIAM & SONS INC Apr 21, 2016 $8,240.00 635934 28262 GONZALES, AMANDA Apr 21, 2016 $115.00 635935 3450 GRANITE CONSTRUCTION INC Apr 21, 2016 $1,172,450.52 635936 28159 GRIFFIN, ZACHARY A Apr 21, 2016 $2,973.81 635937 24693 GRUBBS, JOSH Apr 21, 2016 $147.00 635938 3569 H & S BODY WORKS & TOWING Apr 21, 2016 $145.00 635939 27871 HJERTSTEDT, HEATHER Apr 21, 2016 $250.00 635940 19632 INSIGHT ENVIRONMENTAL CONSULTANTS Apr 21, 2016 $266.25 635941 28451 INTERNATIONAL COATINGS CO INC Apr 21, 2016 $22,334.52 635942 20795 IPC USA INC Apr 21, 2016 $37,516.07 635943 4180 J J KELLER INC Apr 21, 2016 $731.24 635944 26694 JACOBSEN WEST Apr 21, 2016 $705.02 635945 24903 JMLORD INC Apr 21, 2016 $135.00 635946 25527 JTB SUPPLY CO INC Apr 21, 2016 $2,474.13 635947 19554 K & R TOWING Apr 21, 2016 $35.00 635948 4288 KAMAN INDUSTRIAL TECHNOLOGIES INC Apr 21, 2016 $662.84 635949 28167 KARNS, KRISTOPHER Apr 21, 2016 $250.00 635950 26066 KARR, STEVEN Apr 21, 2016 $63.00 635951 4439 KERN COUNTY WASTE MANAGEMENT Apr 21, 2016 $118,193.27 635952 4577 KERN DELTA WATER DIST Apr 21, 2016 $19,510.10 635953 4677 KERN REFUSE DISPOSAL, INC Apr 21, 2016 $1,289,806.63 635954 4701 KERN SPRINKLER LANDSCAPING INC Apr 21, 2016 $17,158.00 635955 23434 KINNEY, STEVEN P Apr 21, 2016 $655.00 635956 26093 KITCHEN, BENJAMIN Apr 21, 2016 $250.00 635957 4277 KME FIRE APPARATUS Apr 21, 2016 $169.64 635958 4875 KNIGHTS PUMPING & PORTABLE SVC INC Apr 21, 2016 $158.00 635959 21960 KOPPEL & GRUBER INC Apr 21, 2016 $7,475.00 635960 14219 L A GRINDING INC Apr 21, 2016 $70.00 635961 28580 LANGUAGE TESTING INTERNATIONAL, INC Apr 21, 2016 $119.00 635962 28787 LAWONG, BUSA Apr 21, 2016 $63.00 635963 24004 LEWIS TOWING 2 INC Apr 21, 2016 $55.00 635964 16380 LUFF, HILLARY Apr 21, 2016 $45.00 635965 22497 M & J HANDIMAN HENRY Apr 21, 2016 $640.00 635966 18492 M & S SECURITY SERVICES Apr 21, 2016 $1,152.00 635967 14977 M H WOLFE AND ASSOCIATES INC Apr 21, 2016 $2,814.00 635968 18731 MCPC Apr 21, 2016 $558.77 635969 20156 MEAD & HUNT INC Apr 21, 2016 $9,071.59 635970 28760 MEDIWASTE DISPOSAL LLC Apr 21, 2016 $35.00 635971 26902 MENDOZA & ASSOCIATES INC Apr 21, 2016 $144,201.62 635972 19252 MEYER CIVIL ENGINEERING INC Apr 21, 2016 $40,219.20 635973 1316 MICHELIN NORTH AMERICA INC Apr 21, 2016 $20,841.90 635974 28768 MKN & ASSOCIATES INC Apr 21, 2016 $16,658.79 635975 28454 MORMASTRO TRANSPORTAT INC Apr 21, 2016 $1,050.00 635976 5912 NIXON-EGLI EQUIPMENT CO Apr 21, 2016 $192.19 635977 22806 NOLAN, DOUGAN Apr 21, 2016 $525.00 635978 24167 NOLTE ASSOCIATES INC Apr 21, 2016 $401,887.49 635979 3910 O'CONNOR PEST CONTROL Apr 21, 2016 $1,180.00 635980 6448 P T 0 SALES CORP / TRUCKPRO LLC Apr 21, 2016 $804.93 635981 17512 PACHECO, ORIEL Apr 21, 2016 $41.93 S:\Accounting\Dawn T\Admin - Council\2016\COUNCIL-ADMIN\ 05104116 CC AGENDA PAGE 68 4/21/2016 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 11 FROM 4/08/2016 TO 4/21/2016 Check Vendor Number Number Vendor Name Check Date Check Amount 635982 14088 PACIFIC GAS & ELECTRIC Apr 21, 2016 $46.76 635983 26926 PATTERSON, LARRY Apr 21, 2016 $21.00 635984 24029 PAYLESS TOWING Apr 21, 2016 $35.00 635985 6076 PB LOADER MANUFACTURING CO Apr 21, 2016 $155.15 635986 17746 PERFECTION STAINLESS FABRICATION Apr 21, 2016 $241.88 635987 25424 PET WASTE ELIMINATOR INC Apr 21, 2016 $594.99 635988 28799 PHENIX TRUCK BODIES & EQ Apr 21, 2016 $6,227.48 635989 27514 PHILLIPS, CHARLIE Apr 21, 2016 $147.00 635990 24581 POPICHAK, MICHAEL Apr 21, 2016 $63.00 635991 27911 PORTERVILLE FORD Apr 21, 2016 $800.72 635992 6430 POWER MACHINERY CENTER Apr 21, 2016 $2,834.91 635993 28800 PROCARE TRANSPORTATION & LANGUAGE Apr 21, 2016 $310.70 635994 27625 PROTECTION FORCE PRIVATE SECURITY I Apr 21, 2016 $1,267.50 635995 25313 R & A UPHOLSTERY Apr 21, 2016 $220.00 635996 20713 RANDY'S TOWING Apr 21, 2016 $35.00 635997 3249 RAY GASKIN SERVICE INC Apr 21, 2016 $486.62 635998 19028 RAYA, MIGUEL ANGEL Apr 21, 2016 $149.43 635999 19224 REDFLEX INC Apr 21, 2016 $62,737.04 636000 6727 REFRIGERATION SUPPLIES DIST. INC Apr 21, 2016 $438.60 636001 22195 RME Apr 21, 2016 $4,863.23 636002 6915 ROUND -UP FEED AND PET SUPPLY Apr 21, 2016 $66.64 636003 28665 ROUTE READY PARTS Apr 21, 2016 $1,232.84 636004 23176 RR DONNELLEY CO INC Apr 21, 2016 $1,494.22 636005 27515 RULOPH, GREG Apr 21, 2016 $126.00 636006 27361 SC FUELS Apr 21, 2016 $14,516.77 636007 22839 SECURITY PAVING CO, INC Apr 21, 2016 $1,069,640.86 636008 26203 SIERRA CONST & EXCAVATION INC Apr 21, 2016 $7,000.00 636009 21467 SLAYTON, RACE Apr 21, 2016 $525.00 636010 7434 SMART & FINAL IRIS COMPANY Apr 21, 2016 $979.29 636011 27667 SMITH CONSTRUCTION CO., INC Apr 21, 2016 $49,626.43 636012 22473 SOILS ENGINEERING INC Apr 21, 2016 $42,367.50 636013 23456 SORENSON,VERNON MD INC Apr 21, 2016 $670.45 636014 24476 SOTO, ROBERT Apr 21, 2016 $168.00 636015 26481 SOUTHWESTERN SALES CO Apr 21, 2016 $286.68 636016 17986 SPRINT /NEXTEL COMMUNICATIONS Apr 21, 2016 $3,611.01 636017 7667 STEVENS WATER MONITORING SYSTE Apr 21, 2016 $243.02 636018 16685 STIERN VETERINARY HOSPITAL Apr 21, 2016 $50.00 636019 3565 SUNGARD PUBLIC SECTOR INC Apr 21, 2016 $44,335.00 636020 28163 SWITZER, PHILIP Apr 21, 2016 $105.00 636021 16783 SWRCB ACCOUNTING OFFICE Apr 21, 2016 $8,825.04 636022 7810 SYLVIA MENDEZ & ASSOCIATES Apr 21, 2016 $132.00 636023 26369 T Y LIN INTERNATIONAL INC Apr 21, 2016 $3,333.44 636024 276 TAYLOR EQUIPMENT & REPAIR, INC Apr 21, 2016 $6,059.06 636025 25338 TEN EIGHT TOW INC Apr 21, 2016 $70.00 636026 19961 THE HON COMPANY -C /O STINSONS Apr 21, 2016 $329.21 636027 17345 THE OMEGA GROUP INC Apr 21, 2016 $10,427.00 636028 7940 THERMO KING FRESNO INC Apr 21, 2016 $812.70 636029 12235 TOO FAT SANDWICHES Apr 21, 2016 $55.00 636030 21305 TREK DIGITAL PRODUCTS INC Apr 21, 2016 $77.22 636031 14858 TREMCO /WEATHERPROOFING TECH Apr 21, 2016 $2,430.00 636032 96 TYACK TIRES INC Apr 21, 2016 $824.47 636033 8316 UNITED LABORATORIES Apr 21, 2016 $260.34 S: \Accounting \Dawn T \Admin - Council \2016 \COUNCIL- ADMIN\ 05104116 CC AGENDA PA GE 6 9 4/21/2016 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 12 FROM 4/08/2016 TO 4/21/2016 Check Vendor Number Number Vendor Name Check Date Check Amount 636034 23466 UNITED SQUARE DANCERS ASSOCIATION Apr 21, 2016 $3,600.00 636035 26780 UNIVERSAL BACKGROUND SCREENING INC Apr 21, 2016 $113.30 636036 28688 UNIVERSAL PROTECTION SERVICE Apr 21, 2016 $720.00 636037 28816 VAN BRUNT, DAVID Apr 21, 2016 $525.00 636038 1286 V I PAINTING Apr 21, 2016 $3,968.03 636039 20601 VERIZON WIRELESS Apr 21, 2016 $17,227.61 636040 20601 VERIZON WIRELESS Apr 21, 2016 $2,678.05 636041 20601 VERIZON WIRELESS Apr 21, 2016 $258.43 636042 8811 WATER ASSOCIATION OF KERN COON Apr 21, 2016 $3,000.00 636043 14647 WAXIE SANITARY SUPPLY INC Apr 21, 2016 $1,111.77 636044 26512 WEI KOO INC Apr 21, 2016 $19,568.10 636045 26447 WESTCOAST HYDRAULICS Apr 21, 2016 $129.00 636046 28778 WHEELER, SAHVANNA AND BRENT Apr 21, 2016 $130.00 636047 26337 WHITE, WILLIAM Apr 21, 2016 $84.00 636048 8995 WHOLESALE FUELS Apr 21, 2016 $532.58 636049 19729 WOMACK, JAMES Apr 21, 2016 $595.00 636050 11772 WZI INC Apr 21, 2016 $2,460.00 636051 18167 ZAP MANUFACTURING INC Apr 21, 2016 $4,008.28 636052 9244 ZEP MANUFACTURING COMPANY Apr 21, 2016 $277.40 636053 19908 ZIMMERMAN, STEVEN Apr 21, 2016 $82.00 636054 25879 ZOOM IMAGING SOLUTIONS, INC. Apr 21, 2016 $1,015.23 636055 537 A T & T Apr 21, 2016 $1,434.50 636056 18484 A T & T Apr 21, 2016 $407.32 636057 18484 A T & T Apr 21, 2016 $4,535.62 636059 78 ADVANCED DISTRIBUTION CO Apr 21, 2016 $5,754.65 636060 12516 AIMS Apr 21, 2016 $6,350.72 636061 25145 AL ERTSONS STORE #6336 Apr 21, 2016 $3,906.56 636063 10320 BAKERSFIELD HOMELESS CENTER Apr 21, 2016 $69,547.75 636064 618 BAKERSFIELD PLASTICS INC Apr 21, 2016 $241.88 636066 1696 CALIFORNIA WATER SERVICE Apr 21, 2016 $11,869.45 636067 11937 CITY OF BAKERSFIELD Apr 21, 2016 $2,086.78 636068 28810 DEVOY MARKETING INC Apr 21, 2016 $135.00 636069 28813 E FITNESS STUDIO Apr 21, 2016 $445.00 636070 2714 EAST NILES COMMUNITY SERVICES Apr 21, 2016 $109.82 636071 2959 FIRST AMERICAN TITLE COMPANY Apr 21, 2016 $2,530.74 636072 2959 FIRST AMERICAN TITLE COMPANY Apr 21, 2016 $11,915.00 636073 2959 FIRST AMERICAN TITLE COMPANY Apr 21, 2016 $150,108.13 636074 13036 FRESNO CITY COLLEGE Apr 21, 2016 $114.00 636076 3488 GREENFIELD COUNTY WATER DIST Apr 21, 2016 $702.72 636077 28812 HARGIS, LAURA Apr 21, 2016 $175.00 636079 3972 INSIGHT PUBLIC SECTOR Apr 21, 2016 $9,725.58 636080 4740 KERN TURF SUPPLY Apr 21, 2016 $28,842.30 636081 12627 MARDEROSIAN & COHEN Apr 21, 2016 $76,000.00 636083 5328 MCCAIN TRAFFIC SUPPLY Apr 21, 2016 $102,580.78 636084 28811 MCCOWN CPA, ROBERT B Apr 21, 2016 $30.00 636085 28817 MCREDMOND, SHANANDOAH Apr 21, 2016 $99.26 636086 6114 PACIFIC GAS & ELECTRIC COMPANY Apr 21, 2016 $3,701.52 636097 6114 PACIFIC GAS & ELECTRIC COMPANY Apr 21, 2016 $515,934.94 636098 8785 PARRA, ESTHER PETTY CASH Apr 21, 2016 $98.48 636100 6376 PIONEER PAINT Apr 21, 2016 $7,502.54 636101 7103 SJVAPCD Apr 21, 2016 $600.00 636102 7096 SJVAPCD Apr 21, 2016 $71.00 S: \Accounting \Dawn T \Admin - Council \2016 \COUNCIL- ADMIN\ 05104116 CC AGENDA PAGE 7 4/21/2016 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 13 FROM 4/08/2016 TO 4/21/2016 Check Vendor Number Number Vendor Name Check Date Check Amount 636103 27271 TRAFFIC DEVELOPMENT SERVICES INC Apr 21, 2016 $56,295.72 636104 28814 VOCALE LTD T/A THE SIP SCHOOL Apr 21, 2016 $6,957.90 636105 24966 W ILLIAMSON, GREG - PETTY CASH Apr 21, 2016 $174.85 9993269 10199 BAKERSFIELD CITY EMPLOYEE Apr 8, 2016 $187,378.00 9993270 24821 DEPARTMENT OF THE TREASURY Apr 8, 2016 $1,951.07 9993271 30014 EMPLOYMENT DEVELOPMENT DEPT Apr 8, 2016 $175,230.15 9993272 10217 I C M A RETIREMENT TRUST - 303749 Apr 8, 2016 $56,697.29 9993273 30010 IRS Apr 8, 2016 $581,481.61 9993274 16863 NATIONWIDE RETIREMENT SOLUTIONS Apr 8, 2016 $103,643.65 9993275 20699 VANTAGEPOINT TRANSFER AGENTS C/O Apr 8, 2016 $28,629.59 9993276 10206 STATE OF CALIF - PERS Apr 14, 2016 $1,500,661.83 9993277 11811 WELLS FARGO BANK Apr 14, 2016 $98,999.09 9993278 30028 BLUE SHIELD OF CALIFORNIA Apr 15, 2016 $515,835.94 9993279 27888 CALIFORNIA BANK & TRUST Apr 21, 2016 $272,259.95 9993280 30025 STATE DISBURSEMENT UNIT Apr21, 2016 $18,518.21 9993281 11811 WELLS FARGO BANK Apr21, 2016 $80,138.23 640 14,479,441.31 S: \Accounting \Dawn T \Admin - Council \2016 \COUNCIL- ADMIN\ 05104116 CC AGENDA PAGE 71 4/21/2016 CITY OF BAKERSFIELD - CHECK REGISTER PAGE I FROM 4/08/2016 TO 4/21/2016 E-Payable Vendor Number Number Vendor Name E-Payable Date E-Payable Amount 11113 1279 QUALITY HEAVY DUTY DIESEL ELEC Apr 8, 2016 $561.86 11114 6555 QUINN COMPANY INC Apr 8, 2016 $1,424.93 11115 19584 SMITH & SON TIRE INC Apr 8, 2016 $2,343.78 11116 7685 STINSON STATIONERS Apr 8, 2016 $6,665.86 11117 63 ACE HYDRAULIC SALES & SERVICE Apr 14, 2016 $62.16 11118 8530 AMERIPRIDE UNIFORM SERVICES Apr 14, 2016 $3,491.09 11119 576 B & B SURPLUS Apr 14, 2016 $979.38 11120 575 B C LABORATORIES Apr 14, 2016 $1,244.00 11121 611 B S & E COMPANY INC Apr 14, 2016 $2,683.37 11122 1037 BERCHTOLD EQUIPMENT CO Apr 14, 2016 $278.54 11123 1163 BLUEPRINT SERVICE CO Apr 14, 2016 $86.86 11124 1558 CALIFORNIA INDUSTRIAL RUBBER Apr 14, 2016 $11,595.72 11125 20747 CENTRAL SANITARY SUPPLY INC Apr 14, 2016 $2,745.06 11126 29 CENTRAL VALLEY TRUCK CENTER Apr 14, 2016 $2,383.47 11127 21220 CLEAN ENERGY INC Apr 14, 2016 $2,739.80 11128 2162 CONSOLIDATED ELECTRICAL DIST INC Apr 14, 2016 $911.03 11129 13912 DIRECT SAFETY SOLUTIONS INC Apr 14, 2016 $2,148.40 11130 27459 EVOQUA WATER TECHNOLOGIES Apr 14, 2016 $47,831.29 11131 14055 FAST UNDERCAR LLC Apr 14, 2016 $2,696.30 11132 2874 FERGUSON ENTERPRISES INC Apr 14, 2016 $9,897.48 11133 13278 FS3 INC Apr 14, 2016 $31,373.88 11134 16838 GI INTERNATIONAL TRUCK CTR. INC Apr 14, 2016 $3,994.23 11135 3570 HAAKER EQUIPMENT COMPANY Apr 14, 2016 $708.67 11136 18263 HUB CONSTRUCTION SPECIALTIES INC Apr 14, 2016 $380.87 11137 4171 JERRY & KEITHS INC Apr 14, 2016 $438.74 11138 1390 JIM BURKE FORD Apr 14, 2016 $1,760.49 11139 15694 JIMS TOWING INC Apr 14, 2016 $865.00 11140 6205 PAVEMENT RECYCLING SYSTEMS INC Apr 14, 2016 $59,360.00 11141 6555 QUINN COMPANY INC Apr 14, 2016 $21,224.18 11142 12665 SAN JOAQUIN FENCE & SUPPLY Apr 14, 2016 $51,911.50 11143 19584 SMITH & SON TIRE INC Apr 14, 2016 $2,831.90 11144 7670 STEWART ELECTRIC SUPPLY Apr 14, 2016 $90.36 11145 7685 STINSON STATIONERS Apr 14, 2016 $7,208.20 11146 7728 SULLY & SON HYDRAULICS INC Apr 14, 2016 $860.17 11147 7840 TALLEY COMMUNICATIONS CO INC Apr 14, 2016 $322.20 11148 15868 TEL TEC SECURITY SYSTEM INC Apr 14, 2016 $513.17 11149 13646 UNITED ROTARY BRUSH CORP Apr 14, 2016 $1,487.46 11150 18288 VSS EMULTECH INC Apr 14, 2016 $7,689.76 11151 9010 WILLIAMS CLEANING SYSTEMS INC Apr 14, 2016 $1,489.68 11152 63 ACE HYDRAULIC SALES & SERVICE Apr 21, 2016 $1,546.49 11153 24819 AD WEAR & SPECIALTY OF TX Apr 21, 2016 $6,109.76 11154 152 ALL AUTOMATIC TRANSMISSION SER Apr 21, 2016 $5,106.50 11155 180 AMBER CHEMICAL INC Apr 21, 2016 $2,889.40 11156 8530 AMERIPRIDE UNIFORM SERVICES Apr 21, 2016 $2,471.21 11157 576 B & B SURPLUS Apr 21, 2016 $96.75 11158 611 B S & E COMPANY INC Apr 21, 2016 $770.25 11159 1163 BLUEPRINT SERVICE CO Apr 21, 2016 $28.12 11160 20747 CENTRAL SANITARY SUPPLY INC Apr 21, 2016 $146.32 11161 17239 CENTRAL VALLEY OCCUPATIONAL INC Apr 21, 2016 $790.00 11162 29 CENTRAL VALLEY TRUCK CENTER Apr 21, 2016 $4,244.68 11163 5147 COASTLINE EQUIPMENT Apr 21, 2016 $725.12 11164 2162 CONSOLIDATED ELECTRICAL DIST INC Apr 21, 2016 $1,273.87 11165 13912 DIRECT SAFETY SOLUTIONS INC Apr 21, 2016 $436.20 S:\Accounting\Dawn T\Admin - Council\2016\COUNCIL-ADMIN\ 05104116 CC AGENDA PAGE 72 4/21/2016 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 4/08/2016 TO 4/21/2016 E-Payable Vendor Number Number Vendor Name E-Payable Date E-Payable Amount 11166 14055 FAST UNDERCAR LLC Apr 21, 2016 $4,545.59 11167 2874 FERGUSON ENTERPRISES INC Apr 21, 2016 $937.35 11168 21739 GOLDEN EMPIRE TOWING INC Apr 21, 2016 $1,520.00 11169 3570 HAAKER EQUIPMENT COMPANY Apr 21, 2016 $1,999.08 11170 15694 JIMS TOWING INC Apr 21, 2016 $1,260.00 11171 453 MUNICIPAL MAINTENANCE EQUIP INC Apr 21, 2016 $3,149.11 11172 6550 QUAD KNOPF INC Apr 21, 2016 $5,745.42 11173 1279 QUALITY HEAVY DUTY DIESEL ELEC Apr 21, 2016 $80.63 11174 6555 QUINN COMPANY INC Apr 21, 2016 $25.77 11175 12665 SAN JOAQUIN FENCE & SUPPLY Apr 21, 2016 $394.80 11176 698 SAN JOAQUIN INTERIORS Apr 21, 2016 $3,555.00 11177 7231 SEAL & PACKING SUPPLY CO Apr 21, 2016 $1,139.11 11178 19584 SMITH & SON TIRE INC Apr 21, 2016 $3,377.51 11179 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Apr 21, 2016 $7,405.30 11180 7670 STEWART ELECTRIC SUPPLY Apr 21, 2016 $821.53 11181 7685 STINSON STATIONERS Apr 21, 2016 $5,181.45 11182 7728 SULLY & SON HYDRAULICS INC Apr 21, 2016 $2,229.37 11183 15868 TEL TEC SECURITY SYSTEM INC Apr 21, 2016 $100.00 11184 7912 TESCO CONTROLS INC Apr 21, 2016 $950.00 72 Disbursement Total 712 $368,332.53 $14,847,773.84 S:\Accounting\Dawn T\Admin - Council\2016\COUNCIL-ADMIN\ 05104116 CC AGENDA PAGE 73 ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Consent - Resolutions c. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/7/2016 111-11 V 03 SUBJECT: Resolution authorizing the submittal of applications for payment programs for Department of Resources Recycling and Recovery ("Cal Recycle") Grants for Fiscal Years 2015/16 through 2020/21. STAFF RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The State, through CalRecycle, provides grants to municipalities to encourage beverage container recycling. The funding for these grants comes from the cash redemption value surcharges of purchased bottles and cans statewide. Historically, the City receives this funding which is used to offset a small portion of the cost of our curbside recycling program. Pursuant to those guidelines, and to receive those payments, the City is required, among other administrative items, to declare by resolution certain authorizations related to the administration of the payment program. ATTACHMENTS: Description Type D CaRecyde Payment Pirogirairn ReSdUdOlrl Resokltblrl 05104116 CC AGENDA PAGE 74 RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD AUTHORIZING SUBMITTAL OF APPLICATION FOR PAYMENT PROGRAMS AND RELATED AUTHORIZATIONS. WHEREAS, pursuant to Public Resources Code sections 48000 et seq., 14581, and 42023.1 (g), the Department of Resources Recycling and Recovery ( "CalRecycle ") has established various payment programs to make payments to qualifying jurisdictions; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the administration of the payment programs; and WHEREAS, CalRecycle's procedures for administering payment programs require, among other things, an applicant's governing body to declare by resolution certain authorizations related to the administration of the payment program. 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. 2. The Council of the City of Bakersfield authorizes the submittal of application(s) to CalRecycle for any and all payment programs offered. 3. The City Manager, or his /her designee, is hereby authorized as Signature Authority to execute all documents necessary to implement and secure payment. 4. This authorization is effective until rescinded by the Signature Authority or the Council of the City of Bakersfield. - - -- 000---- - - - - -- -- Page 1 of 2 Pages -- 05104116 CC AGENDA FACE 75 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, PARLIER COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO CITY ATTORNEY JOSHUA H. RUDNICK Deputy City Attorney CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield JHR:dII G \GROUPDAT \ADMINRPT \2016 \5- 04 \Calrecycle App Reso- Payment Program.Docx -- Page 2 of 2 Pages -- 05104116 CC AGENDA FACE 76 ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Consent - Resolutions d. TO: Honorable Mayor and City Council FROM: Douglas N. Mclsaac, Community Development Director DATE: 4/13/2016 111-11 N 03 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 the demolishment of dangerous buildings and authorizing collection of the assessments by the Kern County Tax Collector. Staff recommends adoption of resolution. BACKGROUND: Assessment hearing was held on April 11, 2016, 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 and/or were determined to be in violation of Chapter 15.24 of the Bakersfield Municipal Code which prohibits maintaining dangerous buildings. The property owners were notified and 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: PROPERTY LOCATION Ward 1 APN 1.4340 Balboa Drive 171-182-14-00-5 2. Casa Loma Drive 170-250-12-00-8 3. Casa Loma Drive 170-250-13-00-1 4. 206 Dr Martin Luther King Jr Blvd 018-410-10-00-7 5. 210 Dr Martin Luther King Jr Blvd 018-410-09-00-5 6. 913 P Street 009-162-09-00-1 7. 3801 Shenandoah Drive 025-171-01-00-1 8. 303 Sowerby Village Lane 143-281-24-00-1 9. 307 V Street 010-062-05-00-0 COST $115.00 $994.00 $1,604.00 $115.00 $115.00 $825.00 $325.00 $115.00 $745.00 05104116 CC AGENDA PAGE 77 10. 703 Wilkins Street (demolition) 139-432-24-00-0 $6,872.00 11. 705 S Williams Street 019-122-06-00-3 $1,068.00 Ward 2 Exhbt 12. 556 Beale Avenue 017-280-18-00-7 $845.00 13. 1116 C Street 007-071-02-00-3 $325.00 14. 2825 California Avenue 007-031-09-00-2 $945.00 15. 1227 ChesterAvenue 006-532-02-00-6 $890.00 16. 615 Grace Street 013-050-04-00-1 $325.00 17. 3200 Jewett Avenue 002-061-05-00-4 $325.00 18.1801 Maple Avenue 007-195-12-00-5 $1,000.00 19. 815 Monterey Street 014-120-05-00-1 $115.00 20. 108 Myrtle Street 008-212-24-00-1 $1,074.00 21. 724 Oregon Street 013-270-08-00-7 $823.00 22. 1206 Oregon Street 015-100-15-00-1 $818.00 23. 1223 E 181h Street 017-240-06-00-0 $905.00 24. 2205 201h Street 003-342-02-00-0 $544.00 25. 1119 E 21st Street 017-110-07-00-5 $1,045.00 26. 530 27th Street 002-112-20-00-8 $325.00 27. 821 30th Street 002-102-18-00-0 $975.00 Ward 3 28. 3409 Mt Vernon Avenue 383-051-33-00-0 $115.00 Ward 5 29. 9132 Mc Cutchen Road 540-010-20-00-8 $750.00 30. 9132 Mc Cutchen Road 540-010-21-00-1 $100.00 31. Mc Cutchen Road 540-010-24-00-0 $100.00 Ward 7 32. 1800 Mallard Court 405-194-17-00-5 $1,025.00 33.4503 Wildcat Avenue 514-382-01-00-4 $1,025.00 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 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 Type D ReSdUdOlrl Resokltblrl D Dedairadoin Exhbt 05104116 CC AGENDA PAGE 78 ExhbUk ExhNt ExhHNt IB ExhNt 05104116 CC AGENDA PAGE 79 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD CONFIRMING THE APPROVAL BY THE CITY MANAGER DESIGNEE OF THE REPORT OF THE CHIEF CODE ENFORCEMENT OFFICER REGARDING ASSESSMENTS OF CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD FOR WHICH STRUCTURES HAVE BEEN SECURED AGAINST ENTRY OR FOR THE ABATEMENT OF CERTAIN WEEDS, DEBRIS AND WASTE MATTER AND THE DEMOLISHMENT OF DANGEROUS BUILDINGS AND AUTHORIZING COLLECTION OF THE ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR. WHEREAS, the properties in the City of Bakersfield described by assessor parcel number and street address in Exhibit "A" and Exhibit "B" were determined to be in violation of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter; and WHEREAS, notices and orders of the City of Bakersfield Building Department, as provided in Chapter 8.80 of the Bakersfield Municipal Code, were provided to the record owners of the aforementioned properties; and WHEREAS, this assessment proceeding was duly noticed and a public hearing held on April 11, 2016, in City Hall North Conference Room B of the City of Bakersfield by the City Manager designee; and WHEREAS, the City Manager designee has reviewed materials concerning the properties, the abatements and the assessments and has approved the assessments of the parcels; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield: 1. That the Chief Code Enforcement Officer caused work to be performed by contractors for removal of public nuisances and submitted and filed with the City Clerk a Report and Assessment List which describes the costs incurred by the City to abate such public nuisances and which is attached hereto as Exhibit "A" and Exhibit "B ", and made a part hereof by this reference. 2. The costs incurred and described in the Report and Assessment list, attached hereto as Exhibit "A" and Exhibit "B" are hereby confirmed. 3. The cost of the abatement on the properties as described in Exhibit "A" and Exhibit "B" are hereby made a lien and special assessment against said properties and the Chief Code Enforcement Officer is directed to notify the property owner of and record the lien created herein as required under Government Code Section 38773.1(b) -(c). 4. The assessments enumerated herein are not subject to Proposition 218. 5. That the City Attorney is hereby authorized to commence any action necessary for collecting the sum due including foreclosure on the lien established herein as provided for in Government Code Section 38773.1 (c). 6. That the property owners named in said Exhibit "A" and Exhibit "B" may pay, or cause to be paid, the charges stated therein at the office of the Treasury Department, 1715 Chester Avenue, Bakersfield, California, at any time prior to the time the 05104116 CC A EN A PAGE lien imposed under Government Code Section 38773.1 and Bakersfield Municipal Code Section 8.80.190 is foreclosed or placed on the property tax rolls for collection as described in paragraph 7 below. 7. At the discretion of the City Attorney, and in the event such charges assessed and confirmed against the property as listed in Exhibit "A" and Exhibit "B" are not paid in full prior to collection or foreclosure, such special assessment or balance due remaining thereof, may be entered and extended on the property tax roll, and pursuant to law, the County tax collector shall include such amounts on the tax bill applicable to the property for collection therein. ---- - - - - -- 000---- - - - - -- HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, 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 05104116 CC A EN A PAGE 81 EXHIBIT "A" REPORT AND ASSESSMENT LIST AND DECLARATION OF RANDALL G. FIDLER IN SUPPORT THEREOF In the matter of the properties listed in the attached Exhibits "A" and "B ": I, Randall G. Fidler, declare: 1. I am the duly appointed Chief Code Enforcement Officer of the City of Bakersfield, California. I am making this declaration pursuant to Chapter 8.80 of the Bakersfield Municipal Code. 2. As provided by Chapter 8.80 of the Bakersfield Municipal Code and pursuant to an order of the Building Director, the Code Enforcement Division removed the public nuisances on the properties listed in Exhibits "A" and "B" and which are attached hereto and made a part hereof by this reference in February and March 2016. The costs incurred by the City to remove the public nuisances for each respective property set forth herein are also stated in the attached Exhibits "A" and "B ". 3. Records of the Bakersfield Building Department reflect that on March 18, 2016 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 13th day of April 2016, at Bakersfield, California. Randall G. Fidler Chief Code Enforcement Officer 05104116 CC AGENDA PAGE 82 04/11/2016 EXHIBIT "A" REPORT AND ASSESSMENT LIST FOR WHICH DANGEROUS BUILDINGS HAVE BEEN DEMOLISHED APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL DO WORK COST COST 1. 139- 432- 24 -00 -0 703 Wilkins Street William Edmonds $6,547 $325 $6,872 703 Wilkins Street 15 -667 Bakersfield, CA 93307 05104116 CC A EN A PAGE 83 04/11/2016 EXHIBIT "B" REPORT AND ASSESSMENT LIST FOR STRUCTURES THAT HAVE BEEN SECURED AGAINST ENTRY OR DECLARED SUBSTANDARD OR FOR ABATEMENT OF CERTAIN WEEDS, DEBRIS AND WASTE MATTER APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL DO WORK COST COST 1. 171 - 182- 14 -00 -5 4340 Balboa Drive Jaime Gonzalez & $0 $115 $115 Maria Gonzalez 473 Orange Drive 16 -254 Oxnard, CA 93036 2. 017- 280- 18 -00 -7 556 Beale Avenue Hoang Tran $195 $650 $845 19360 Rinaldi Street 15 -7960 Porter Ranch, CA 91326 3. 007 -071- 02 -00 -3 1 1 16 C Street Erla Coulston $0 $325 $325 PO Box 10202 15 -8089 Bakersfield, CA 93389 4. 007 - 031- 09 -00 -2 2825 California David Smith & Alene Smith $295 $650 $945 Avenue 7713 Canfield Court 15 -8517 Bakersfield, CA 93308 5. 170- 250- 12 -00 -8 Casa Loma Drive JLS Capital Group LLC $994 $0 $994 1318 Broadway #100 15 -8466 Santa Monica, CA 90404 6. 170- 250- 13 -00 -1 Casa Loma Drive JLS Capital Group LLC $1,394 $210 $1,604 1318 Broadway #100 15 -8465 Santa Monica, CA 90404 7. 006 - 532- 02 -00 -6 1227 Chester Avenue David Abernathy & $240 $650 $890 Catherine Abernathy 11708 Buffington Street 15 -7900 Bakersfield, CA 93312 8. 018 - 410- 10 -00 -7 206 Dr Martin Luther Gregory Carter $0 $115 $115 King Jr Blvd 815 N Street 16 -776 Bakersfield, CA 93304 9. 018 - 410- 09 -00 -5 210 Dr Martin Luther Jose Alfredo Arvizu $0 $115 $115 King Jr Blvd 1001 Watts Drive 16 -775 Bakersfield, CA 93307 10. 013- 050- 04 -00 -1 615 Grace Street Knight Prop LLC $0 $325 $325 27803 Knight Street 16 -837 Castaic, CA 91384 11. 002 - 061- 05 -00 -4 3200 Jewett Avenue Kevin Sherwood $0 $325 $325 28783 Greenwood Place 15 -6744 Castaic, CA 91384 12. 405 - 194- 17 -00 -5 1800 Mallard Court CCVHRP I LLC $375 $650 $1,025 9530 Hageman Rd Ste B234 15 -8438 Bakersfield, CA 93312 13. 007 - 195- 12 -00 -5 1801 Maple Avenue Michael Hunt & $350 $650 $1,000 Beatrice Hunt 1801 Maple Avenue 15 -7760 Bakersfield, CA 93304 14. 540 - 010- 20 -00 -8 9132 Mc Cutchen BHT Bakersfield MH LLC $100 $650 $750 Road 400 Continental BI Ste 160 15 -7272 El Segundo, CA 90245 15. 540 - 010- 21 -00 -1 9132 Mc Cutchen BHT Bakersfield MH LLC $100 $0 $100 Road 400 Continental BI Ste 160 15 -7331 El Segundo, CA 90245 16. 540 - 010- 24 -00 -0 Mc Cutchen Road BHT Bakersfield MH LLC $100 $0 $100 400 Continental BI Ste 160 15 -7329 El Segundo, CA 90245 05104116 CC A EN A PAGE Page 2 of 2 APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL DO WORK COST COST 17. 014 - 120- 05 -00 -1 815 Monterey Street Default Management $0 $115 $115 Servicing Inc 41 667 Ivy #D 16 -521 Murrieta, CA 92562 18. 383 - 051- 33 -00 -0 3409 Mt Vernon Luis Soliz $0 $115 $115 Avenue 3409 Mt Vernon Avenue 15 -7942 Bakersfield, CA 93306 19. 008 - 212- 24 -00 -1 108 Myrtle Street Kathleen O Connor $424 $650 $1,074 108 Myrtle Street 15 -8080 Bakersfield, CA 93304 20. 013- 270- 08 -00 -7 724 Oregon Street Minerva Bonilla Villegas $173 $650 $823 724 Oregon Street 15 -8202 Bakersfield, CA 93305 21. 015 - 100- 15 -00 -1 1206 Oregon Street Martha Roberts & $168 $650 $818 Daniel Roberts Sr RR 2 Box 486 15 -8435 Delano, CA 93215 22. 009 - 162- 09 -00 -1 913 P Street Severiano Jimenez $175 $650 $825 3012 Alloway Ln Apt D 15 -7120 Bakersfield, CA 93307 23. 025 - 171- 01 -00 -1 3801 Shenandoah Rosa Esquivel $0 $325 $325 Drive 3801 Shenandoah Drive 15 -7444 Bakersfield, CA 93304 24. 143 - 281- 24 -00 -1 303 Sowerby Village John Fu $0 $115 $115 Lane 1907 Brundage Lane 15 -7525 Bakersfield, CA 93301 25. 371 - 291- 03 -00 -6 4304 Thatch Avenue Bella Vista Real Est Holdings $135 $650 $785 7850 White Ln #E PMB 289 15 -8170 Bakersfield, CA 93309 26. 010- 062- 05 -00 -0 307 V Street Isaiah Jones $95 $650 $745 307 V Street 15 -7903 Bakersfield, CA 93304 27. 514- 382- 01 -00 -4 4503 Wildcat Avenue Maria Ayala $375 $650 $1,025 1315 Baldwin Road 15 -8333 Bakersfield, CA 93304 28. 019 - 122- 06 -00 -3 705 S Williams Street Robert Johnson $418 $650 $1,068 214 Madison Street 15 -8329 Bakersfield, CA 93307 29. 017- 240- 06 -00 -0 1223 E 18th Street Maria Bravo $0 $905 $905 1223 E 18th Street 15 -8124 Bakersfield, CA 93305 30. 003 - 342- 02 -00 -0 2205 20th Street Harolyn Johnson $219 $325 $544 PO Box 9724 16 -747 Bakersfield, CA 93389 31. 017-110-07-00-5 1 1 19 E 21St Street Larry Villa $395 $650 $1,045 1 1 19 E 21 st Street 15 -8336 Bakersfield, CA 93305 32. 002-112-20-00-8 530 27th Street Cobra 28 NO 7 LP $0 $325 $325 4900 Santa Anita Av Ste 2C 15 -6472 El Monte, CA 91731 33. 002 - 102- 18 -00 -0 821 30th Street Jose Valencia $325 $650 $975 4863 Astor Avenue 15 -7295 Commerce, CA 90040 05104116 CC A EN A PAGE 85 ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Consent - Resolutions e. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/13/2016 WARD: Ward(s)1, 2, 6 SUBJECT: Resolutions adding the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report for each: 1. Area 3-101 (5001 Lisa Marie Court) — Ward 6 2. Area 4-144 (Ralston Street & Dr. Martin Luther King, Jr. Boulevard) — Ward 1 3. Area 4-145 (2115-2125 18th Street) — Ward 2 4. Area 4-146 (901 18th Street) — Ward 2 STAFF RECOMMENDATION: Staff recommends adoption of the Resolutions. BACKGROUND: On April 20, 2016 the City Council adopted Resolutions of Intention No. 1879, 1880, 1881, and 1882 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 05104116 CC AGENDA PAGE 86 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 D ReSdUdoin adding /kirea 3 101 to the CW'.) Resokltblrl D D 3 101 Exhbtl Exhbt D D 3 101 Exhbt/k Exhbt D M D 3 101 Exhbt lB Exhbt D D 3 101 Exhbt C Exhbt D D 3 101 Exhbt D Exhbt D D 3 101 Exhbt E Exhbt D �M D 3 101 Exhbt F Exhbt D ReSdUdoin adding /kirea 4 '144 to the CW'.) Resokltblrl D D 4 '144 Exhbtl Exhbt D D 4 '144 Exhbt/k Exhbt D D 4 '144 ExhbtB Exhbt D D 4 '144 ExhbtC Exhbt D �M D 4 't44 Exh lb t D Exhbt D D 4 '144 Exhbt E Exhbt D D 4 '144 Exhbt F Exhbt D ReSdUdoin adding /kirea 4 '145 to the CW'.) Resokltblrl D D 4 '145 Exhbtl Exhbt D D 4 '145 Exhbt/k Exhbt D D 4 145 Exhbt IB Exhbt D D 4 145 Exhbt C Exhbt D D 4 14 5 Exh lb t D Exhbt D D 4 '145 Exhbt E Exhbt D D 4 '145 Exhbt F Exhbt D ReSdUdoin adding /kirea 4 '146 to the CW'.) Resokltblrl D D 4 '146 Exhbtl Exhbt D D 4 '146 Exhbt/k Exhbt D D 4 146 Exhbt IB Exhbt D D 4 146 Exhbt C Exhbt D D 4 14 6 Exh lb t D Exhbt D D 4 '146 Exhbt E Exhbt D �M D 4 '146 Exhbt F Exhbt 05104116 CC AGENDA PAGE 87 RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 3 -101 (5001 LISA MARIE COURT), 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 6) 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 3 -101, 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. 1879 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 3 -101, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 3 -101 (5001 Lisa Marie Court), 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 S: \PROJECTS \MAINDIST \Formation Documents \MD 3 -101 \Res estab.docx Page 1 of 3 05104116 CC AGENDA FACE 88 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 3 -101 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. S: \PROJECTS \MAINDIST \Formation Documents \MD 3 -101 \Res estab.docx Page 2 of 3 05104116 CC AGENDA FACE 89 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" S: \PROJECTS \MAINDIST \Formation Documents \MD 3 -101 \Res estab.docx Page 3 of 3 05104116 CC ACEN A FACE 9 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 3 -101 Fiscal Year 2015 -2016 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 5001 Lisa Marie Court 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 S:\PROJECTS\MAINDIST \Formation Documents \MD 3- 101 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 05104116 CC AGENDA FACE 91 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 Public Works Director City of Bakersfield S:\PROJECTS\MAINDIST \Formation Documents \MD 3- 101 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 05104116 CC AGENDA FACE 92 LEGAL DESCRIPTION Area 3 -101 An area located in Section 22, Township 30, Range 27 M.D.B. & M., more particularly described as follows: PMW 15 -0478 5001 Lisa Marie Ct Bakersfield California Containing: 1.54 Acres, more or less. i *AV :ii:1111r_1 05104116 CC AGENDA FACE 93 NOT TO SCALF EX/MBIT it I - 05104116 CC AGENDA PAGE 94 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 05W04116 CC AGE 'FA7 -E 95 MAINTENANCE DISTRICT AREA 3 -101 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 05104116 GG AGEN A PAGE 96 Assessor's Tax No. 1:1 1111 I Total Date: MAINTENANCE DISTRICT AREA 3 -101 ASSESSMENT ROLL FISCAL YEAR 2015 -2016 Total amount to be collected for FY (2015 -2016) $0.00 0 $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 05104116 CC ACEN A FACE 97 Ill I I Ill I I • irlillp My MR77 M-t 5001 Lisa: Marie Court Bakersfield, CA 93313 City of Bakersfield - Pubilic Works D,epartmen). Aftn: Marian P. Shaw 1,60O Truxtun Avenue Bakersfield, California 93301 FROMSTMOFVii: NE: Inclusion of Parcel Map Waivier No. 15-0478 In a Consol !dated Maintenance Tistrict (CMD) AM= Dennis Wilkerson I 4130laudia ffilkerson EXHIBIT F 05104116 CCAGENDA PAGE 98 RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 4 -144 (RALSTON STREET & 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 -144, 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. 1880 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 -144, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 4 -144 (Ralston Street & Dr. Martin Luther King, Jr. Boulevard), to the Consolidated Maintenance District, Bakersfield, S: \PROJECTS \MAINDIST \Formation Documents \MD 4 -144 \Res estab CMD 4- 144.docx Page 1 of 3 05104116 CC ACEN A FACE 99 California," for this fiscal year on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The Council hereby adds territory, Area 4 -144 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. S: \PROJECTS \MAINDIST \Formation Documents \MD 4 -144 \Res estab CMD 4- 144.docx Page 2 of 3 05104116 CC AGENDA FACE 1 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" S: \PROJECTS \MAINDIST \Formation Documents \MD 4 -144 \Res estab CMD 4- 144.docx Page 3 of 3 05104116 CC AGENDA FACE 101 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4 -144 Fiscal Year 2015 -2016 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is generally described as Ralston Street and Dr. Martin Luther King, Jr. Boulevard and as 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 S: \PROJECTS\MAINDIST\Formation Documents \MD 4- 144 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 05104116 CC ACEN A FACE 102 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\ Format ion Documents \MD 4- 144 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 05104116 CC ACEN A FACE 103 LEGAL DESCRIPTION Area 4 -144 An area located in Section 32, Township 29, Range 28 M.D.B. & M., more particularly described as follows: SPR 15 -0495, 15 -0496, 15 -497, 16 -77 and 16 -78 1504, 1505, 1508, 1517 Ralston Street, 1504 Murdock Street Bakersfield California Containing: 1.01 1899 Acres, more or less. i *AV :ii:1111r_1 05104116 CC A GENDA PA GE 1 EXHIBIT "B'n 1 05104116 CC AGENDA PA GE 105 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 05W04116 CC AE(VA FEE 1 06 MAINTENANCE DISTRICT AREA 4 -144 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 05104116 GG AGENDA PAGE 107 Assessor's Tax No. 018 - 122 -12 -003 Total Date: MAINTENANCE DISTRICT AREA 4 -144 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 05104116 CC AGENDA FACE 1 06/t/ S,+,Yie Paves D1- City of Bakersfield - Piublic Works DepartmeVi I Attw M'arian P. Shaw 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mrs. Shaw,- VF=,71 is z imo R* K I M* mill K I III Z77-177II- imittemix . . ........ . .... — Em EXHIBIT F 05104116 CCAGENDA PAGE 1 09 566 C4 1)e- Re4t I Rd Ip'l q / City of Bakersfield - Public Works Department Attn: Marian P'. Shia�w 1600 Truxtun Avenue Bakersfield, California 913,301 ELF ,=0 W� MIFILIMAIIII US M.M.01JIMIRVIII, 111MIR EEO 0- #1 619111) /<I- L.Z-- C - EXHIBIT F 05104116 CC AGENDA PAGE 110 ��Iljr��Illljjllr I I mr-TTIMPTm, Z-e-C City • Bakersfield - P'ub,lic Works Department Attn: Marian P', Shaw 1600, Truxtun Avenue Bakersfield, California 9133011 De,ar Mrs. Shaw. ME= Z EXHIBIT F 05104116 CC AGENDA PAGE 111 Inclusion 0 SU iivision into the Consolidated Maintenance District A . � P),5 �4u�k �TrUr6g 757�*7. III Firtlem Attn: Marian P. Shaw 1600 Truxtuin Avenue Bakersfield, California 913301 RE- Inclusion of (choose, one of the following) Tract, Map * Parcel Map -, Parcel Map Waiver N�o. in a Consolidated' Maintenance District (CMD) Respectfully, �.. A 1J, EXHIBIT F 05104116 CC A GEN PA GE 112 RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 4 -145 (2115- 2125 18TH STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT; ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 2) WHEREAS, the Public Works Director has filed with the City Clerk the Public Works Director's Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); and WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new area reflects that portion of the cost of maintenance of public street landscaping and /or a public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on its zoning and size. WHEREAS, it is the intention of the City Council of the City of Bakersfield to add Area 4 -145, 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. 1881 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 -145, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 4 -145 (2115-2125 18th Street), 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 S: \PROJECTS \MAINDIST \Formation Documents \MD 4 -145 \Res estab CMD 4- 145.docx Page 1 of 3 05104116 CC ACEN A FACE 113 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 -145 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. S: \PROJECTS \MAINDIST \Formation Documents \MD 4 -145 \Res estab CMD 4- 145.docx Page 2 of 3 05104116 CC ACEN A FACE 11 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" S: \PROJECTS \MAINDIST \Formation Documents \MD 4 -145 \Res estab CMD 4- 145.docx Page 3 of 3 05104116 CC ACEN A FACE 11.E PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4 -145 Fiscal Year 2015 -2016 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 2115-2125 181h Street and as 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 S: \PROJECTS\MAINDIST\Formation Documents \MD 4- 145 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 05104116 CC ACEN A FACE 116 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\ Format ion Documents \MD 4- 145 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 05104116 CC ACEN A FACE 117 LEGAL DESCRIPTION Area 4 -145 An area located in Section 25, Township 29, Range 27 M.D.B. & M., more particularly described as follows: CUP 15 -67 2115 -2125 18th Street Bakersfield California Containing: 0.42 Acres, more or less. i *AV :ii:1111r_1 05104116 CC ACEN A FACE 118 NOT TO SCAILF ol EXHIBIT "B" 1 05104116 CC AGENDA PA GE 11.9 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 0.x/04/16 CC A GEAF6A'FE7A'�E' 120 MAINTENANCE DISTRICT AREA 4 -145 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 05104116 GG AGENDA PAGE 121 Assessor's Tax No. 004 - 271 -14 Total Date: MAINTENANCE DISTRICT AREA 4 -145 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 05104116 CC AGENDA FACE 122 March 4", 2016 11 111 MOTOR City of Bakersfield - Public Works Department Attn: Madan P. Shaw 1 0 Truxtun Avenue Bakersfield, CaVornia 913,301 RE� Inclusion of etllo 1,5*- in a Consolidated Maintenance Pistrict (CMD) i�- ►1MIJIFT11 &ncerely, South Coast Investments, Inc. Eric Jeii c Piresdent CEO Mr. Dario Franchii Mrs. Maria Franchi Owner Owner 831) East Visto way, SUIIe 118, V�StO CA 92084 FXHIRIT F 05104116 CC AGENDA PAGE 123 RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 4 -146 (901 18TH STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT; ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 2) WHEREAS, the Public Works Director has filed with the City Clerk the Public Works Director's Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); and WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new area reflects that portion of the cost of maintenance of public street landscaping and /or a public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on its zoning and size. WHEREAS, it is the intention of the City Council of the City of Bakersfield to add Area 4 -146, 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. 1882 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 -146, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 4 -146 (901 18th Street), 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 S: \PROJECTS \MAINDIST \Formation Documents \MD 4 -146 \Res estab CMD 4- 146.docx Page 1 of 3 05104116 CC AGENDA FACE 12 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 -146 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. S: \PROJECTS \MAINDIST \Formation Documents \MD 4 -146 \Res estab CMD 4- 146.docx Page 2 of 3 05104116 CC AGENDA FACE 125 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" S: \PROJECTS \MAINDIST \Formation Documents \MD 4 -146 \Res estab CMD 4- 146.docx Page 3 of 3 05104116 CC ACEN A FACE 126 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4 -146 Fiscal Year 2015 -2016 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 901 181h Street and as 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 S: \PROJECTS\MAINDIST\Formation Documents \MD 4- 146 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 05104116 CC ACEN A FACE 127 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\ Format ion Documents \MD 4- 146 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 05104116 CC AGENDA FACE 128 LEGAL DESCRIPTION Area 4 -146 An area located in Section 30, Township 29, Range 28 M.D.B. & M., more particularly described as follows: S P R 13 -0369 901 18th Street Bakersfield California Containing: 0.28 Acres, more or less. i *AV :ii:1111r_1 05104116 CC ACEN A FACE 129 MAP AND AS SESSMENTDIAGRJAM FOR ADDITION OF TERRITORY (AREA 4-146) TO THE CONSOLIDATED MAINTENA NOT TO SCALF wit Ill tall /f//\/ ƒ6: J AGENDA PAGE 130 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 0.x/04/16 CC A GEAF6A'FA7A' E' 131 MAINTENANCE DISTRICT AREA 4 -146 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 05104116 GG AGENDA PAGE 132 Assessor's Tax No. 006 - 070 -23 -000 Total Date: MAINTENANCE DISTRICT AREA 4 -146 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 05104116 CC AGENDA FACE 133 1111111 1;11�jpp�j I�gij��p� F-- - 821 18thStreet Bakersfield, CA 93301 661-324-4741 City • Bakersfield - P,uiblic Works Departmen) Attn: Marian P. Shaw 1600i Truxtun Avenue, Bakersfield, California 913301 Dear Mrs. Shaw, RE Inclusion of Parcel Map ger No. 14-0133 in, a Consolidated Maintenance Tistrict (CMD) Richard Jones, Owner Jon" Famity Tmat RlehaAd W. Jon""-4 Tturtee Judith G. Jon" qkL-ON & Tkurtem U U EXHIBIT IF 05104116 CC AGENDA PAGE 134 ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Consent - Resolutions f. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/13/2016 iTiff-11 1.1 SUBJECT: Resolution to form a Traffic Signal Maintenance District designated as TS-26 (northwest corner of Morning Drive and Highland Knolls Drive) and approving, confirming, and adopting the Public Works Director's Report. Staff recommends adopting the Resolution. BACKGROUND: On April 20, 2016, the Council adopted Resolution of Intention No. 1883 to form a Traffic Signal Maintenance District as required by section 13.04.021 of the Municipal Code. Formation of the Traffic Signal Maintenance District will provide for the operation and maintenance of a convenience traffic signal. The City of Bakersfield has received a letter from the owner(s) of the property described above which waives the public hearing concerning inclusion in the Traffic Signal 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 Traffic Signal 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 D ReSdUtblrl to foirirn a'flrafflc &fire. IMai'iinteinaince Dila,>tidct Resokltblrl (-I-S26) D 'I'S 26 EkNNtl ExhNt 05104116 CC AGENDA PAGE 135 D TS 26 ExhbUk ExhNt D TS 26 ExhHM B ExhNt D TS 26 ExhHM C ExhNt D TS 26 ExhHM 1'.) ExhNt D TS 26 ExhHM E ExhNt D TS 26 ExhHM F ExhNt 05104116 CC AGENDA PAGE 136 RESOLUTION NO. A RESOLUTION FORMING A TRAFFIC SIGNAL MAINTENANCE DISTRICT TO BE DESIGNATED AS TS -26 (NWC OF MORNING DRIVE AND HIGHLAND KNOLLS DRIVE), ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE NEW MAINTENANCE DISTRICT, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 3) WHEREAS, the Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1883 declared its intention to form a Traffic Maintenance Signal District (TMSD), preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed 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 TS -26, as shown and designated on that certain map entitled "Map and Assessment Diagram for the formation of TMSD TS -26 (NWC of Morning Drive & Highland Knolls Drive) for this fiscal year on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and WHEREAS, the Public Works Director duly filed with the City Clerk his Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, the City of Bakersfield has received a letter from the property owner within the proposed maintenance district 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 the inclusion in a TSMD. The owner(s) have also submitted a Proposition 218 Ballot (Official Assessment Ballot) indicating their consent to the assessment; and NOW THEREFORE, BE IT RESOLVED by the 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 forms a TSMD designated as TS -26 and confirms and adopts the Public Works Director's Report, including the amounts of assessment for each assessed parcel. S: \PROJECTS\MAINDIST\Formation Documents \TS -26 \Res est TSMD.docx Page 1 of 3 05104116 CC AGENDA FACE 137 3. Exhibits "A" and "B" describe the new TSMD. 4. All parcels within this maintenance district 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 said improvements have been installed. When said improvements have been completed, the appropriate assessment 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 formation letter (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. ---- - - - - -- 000 - -- S: \PROJECTS\MAINDIST\Formation Documents \TS -26 \Res est TSMD.docx Page 2 of 3 05104116 CC AGENDA FACE 138 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 By: ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1 " Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S: \PROJECTS \MAINDIST\ Form at ion Documents \TS -26 \Res est TSMD.docx Page 3 of 3 05104116 CC AGENDA FACE 139 City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT FORMATION OF TRAFFIC SIGNAL MAINTENANCE DISTRICT DESIGNATED AS TS -26 (NWC OF MORNING DRIVE AND HIGHLAND KNOLLS DRIVE) Fiscal Year 2015 - 2016 Formation of Traffic Signal Maintenance District, as shown in Exhibit "E" is generally described as the NWC of Morning Drive and Highland Knolls Drive 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 convenient traffic signal. The improvements maintained within this district include all operating and maintenance costs associated with the convenient traffic signal(s) within the district and are of a public nature. The assessment includes the cost of necessary repairs, replacement, 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. All parcels within this area shall be assessed an amount not to exceed that established in the wording on their Proposition 218 ballots as submitted with the formation of this district. 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 the convenient traffic signal (s) are operational. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. 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 "E" and Exhibit "F," 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 05104116 CC A EN A PAGE 140 LEGAL DESCRIPTION Area TS -26 An area located in Section 24, Township 29, Range 28 M.D.B. & M., more particularly described as follows: PM 11894 4500 Morning Drive Bakersfield California Containing: 26.97 Acres, more or less. i *AV :ii:1kr_1 05104116 CC A EN A PAGE 141 MAP AND ASSESSMENT DIAGRAM FORM A (AREA TS - 26) AS A TRAFFIC SIGNAL MAINTENANCE DISTRICT BAKERS FIELD, CALIFORNIA NOT TO SCALE EXHIBIT "B" 05104116 CC AGENDA PAGE 142 TRAFFIC SIGNAL MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Traffic Signal Maintenance District shall be assessed the amount as Rate: Each parcel shall be assessed a percentage of the total operating and maintenance costs. 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. 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. EXHIBIT C 05104116 CC A EN A PAGE 143 TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS -26 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) County Fees to Add Parcels to Tax Roll NET AMOUNT TO BE ASSESSED El, $0.00 EXHIBIT D 05104116 CC A EN A PAGE 1 TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS -26 ASSESSMENT ROLL FISCAL YEAR 2015 -2016 Assessor's Tax No. Total amount to be collected for FY (2015 -2016) 434 - 010 -67 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 05104116 CC A EN A PAGE 145 S G. L. BRUNO 0' 01", City of Bakersfield - Public: 'ITorks Department Aftn: Marian P. Shiaw 11600 Truxtun Avenue Bakersfield, California 93301 I NOW. m RE* Inclusion of Parcel Map No. 11894 ATN�# 434-010-73 ' 434-010-72, 434-011m 71, 434-010-70 in a Traffic: Signal Maintenance District (TSMD) r4SLI-010-0 I EXHIBIT F 05104116 CCAGENDA PAGE 146 ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Consent - Resolutions g. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/15/2016 111-11 V 03 SUBJECT: Resolution of Intention No. 1876 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District ("CMD" herein) and the 2016-2017 budget and setting the time and place for hearing protests regarding the amount of park landscaping assessments to be levied throughout the CMD. Staff recommends adopting the Resolution of Intention. BACKGROUND: On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council Policy on Park Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue for the maintenance of street and median landscaping and park maintenance within the CMD. Assessment rates for all existing developments prior to that were not increased and the rates remain at the 2004-2005 level. Since January 12, 2005, all new territories added to the CMD that benefit from public parks and/or street landscaping have been assessed and will continue to be assessed, consistent with the requirements of Proposition 218, those amounts set forth in Resolution No. 019-05. 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. This Resolution of Intention preliminarily approves the Public Works Director's Report, attached hereto as Exhibit "1," which includes the benefit formula and proposed 2016-2017 budget for the CMD in its entirety. The benefit formula and proposed budget are attached to the Public Works Director's Report as Exhibit "A" and "B," respectively. The proposed park landscaping budget of $1,999,547.33 is a 1.9% increase over the previous year's budget of $1,962,551.40. Each territory currently within the CMD was individually added by Council Resolution at a prior date. The legal description, map and assessment diagram, benefit formula, and Assessor's Roll for each territory within the CMD are on file in the City Clerk's Office with its respective Council Resolution. 05104116 CC AGENDA PA GE 147 This Resolution of Intention sets the protest hearing for the Council meeting on Wednesday, June 8, 2016, at 5:15 P.M. F-11 i all M I ��i 14 Ll k &-3 Description Type D FAG; #1876 foir the 20,16/20,17 CMD Pa irk I aindscapi'iing Resokltblrl Assessirneints D Pa irk Assessirneints Exh lb t 1 Exhbt D Pa irk Assessirneints Exh lb t A Exhbt D Pa irk Assessirneints Exh lb t IB Exhbt 05104116 CC AGENDA PAGE 148 RESOLUTION OF INTENTION NO. 1876 A RESOLUTION OF INTENTION PRELIMINARILY ADOPTING, CONFIRMING, AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT FOR THE CONSOLIDATED MAINTENANCE DISTRICT AND THE 2016 -2017 BUDGET AND SETTING THE TIME AND PLACE FOR HEARING PROTESTS REGARDING THE AMOUNT OF PARK LANDSCAPING ASSESSMENTS TO BE LEVIED THROUGHOUT THE CONSOLIDATED MAINTENANCE DISTRICT. (ALL WARDS) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for an alternative 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 several lots or parcels of property within the maintenance district established therefore; and 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 "I", which includes the following attachments: a) the benefit formula, attached to the Director's Report as Exhibit "A "; b) the proposed 2016 -2017 budget, containing the matters specified in Section 13.04.120 of the Bakersfield Municipal Code, attached to the Director's Report as Exhibit "B "; and WHEREAS, the amount of assessment to be levied against each parcel within the Consolidated Maintenance District is on file in CD format with the City Clerk. 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 reserves the right to perform the work of maintenance and operation of the public improvements within the Consolidated Maintenance District 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. 3. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territories within the boundaries so specified and described in the Consolidated Maintenance District benefit from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said territories, as previously passed by their respective Council Resolutions and are now on file with those Resolutions in the Office of the City Clerk of the City of Bakersfield, California. S:\PROJECTS\MAINDIST \2016 -2017 MD Info \Folder of City Info \CSMD \Park Landscaping \R01 1 A76.docx 05104116 CC AGENDA PAGE 149 4. The City Council hereby sets WEDNESDAY, JUNE 8, 2016, AT 5:15 P.M., or as soon thereafter as may be heard, at the Council Chambers of the City Council, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for hearing protests on the following matters: • Fairness of the benefit formula; • Zone of benefit including tier level; • The amount of the park landscaping assessment on any parcel of property to be assessed; and • Reservation by city of right to elect whether to proceed to perform work by city forces or by private contractor. Any interested person may object to any of the above - listed matters by filing a written protest with the City Clerk at 1600 Truxtun Avenue, Bakersfield, California, at or before said time set for the protest hearing; and said City Clerk shall endorse on each protest the date and hour of its receipt, and at said hearing shall present to the Council all such protests filed with said Clerk. 5. The City Clerk is hereby further directed to cause notice of said protest hearing to be published in accordance with Chapter 13.04 of the Bakersfield Municipal Code. S:\PROJECTS\MAINDIST \2016 -2017 MD Info \Folder of City Info \CSMD \Park Landscaping \R01 1 A76.docx 05104116 CC AGENDA FACE 15 HEREBY CERTIFY that the foregoing Resolution of Intention 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 APPROVED 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" - Director's Report Exhibit "A" - Director's Report Benefit Formula Exhibit "B" - Director's Report Budget S: \PROJECTS \MAINDIST \2016 -2017 MD Info \Folder of City Info \CSMD \Park Landscaping \R01 1 A76.docx 05104116 CC AGENDA PAGE 151 PUBLIC WORKS DIRECTOR'S REPORT FOR THE CONSOLIDATED MAINTENANCE DISTRICT City of Bakersfield Fiscal Year 2016 -2017 The City of Bakersfield Consolidated Maintenance District consists of all existing territories, separately and specifically described, in part, in the County of Kern Assessors Tax Number of each territory for the various areas of benefit within the City of Bakersfield, County of Kern, State of California. The amount of assessment to be levied against each parcel within the Consolidated Maintenance District is on file in the office of the City Clerk. The 2016 -2017 budget for the Consolidated Maintenance District, Exhibit "B," is attached hereto and incorporated by reference as though fully set forth herein. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, the Public Works Director makes and files this Report and proposed assessment of and upon all parcels of property within the areas of the district for the cost of maintaining and operating public parks, public street medians and other public street landscaping improvements. The improvements for the Consolidated Maintenance District Street Landscaping Zone of Benefit generally include, but are not limited to: Public Street Landscaping Improvements consisting of: turf, plant forms, shrubs, ground cover, trees, lighting, irrigation systems, conduits, water mains; and Public Street Median Improvements consisting of: turf, plant forms, shrubs, ground cover, trees, irrigation systems, conduits and water mains. The improvements for the Consolidated Maintenance District Park Zone of Benefit generally include, but are not limited to: turf, plant forms, shrubs, ground cover, trees, irrigation systems, conduits, water mains, playground equipment, picnic tables, drinking fountains, barbecue pits, security lighting and restrooms. The improvements in this Consolidated Maintenance District are of a public nature. The assessment includes the cost of necessary repairs, replacements, water, equipment, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof. For many years, parks, street medians and other street landscaping improvements in the City were maintained through traditional tax revenues. After the passage of Proposition 13 in 1978, funds available for maintenance and operation of local public improvements were substantially reduced. At present the City's budget does not allow for the cost of all maintenance and operation of local public improvements of the types described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new parks, public street median or other public street landscaping improvements to be constructed within the City. The funds generated as the result of this district are utilized strictly for the purpose of and applied to the maintenance and upkeep of public parks, public street median and other public street landscaping within the district. The Consolidated Maintenance District has been specifically designated to address park maintenance and operation, and maintenance of public street median and other public street landscaping improvements and all parcels within the district are affected. The areas within the boundary of the Consolidated Maintenance District receive benefits from the improvements and maintenance thereof. These benefits include street beautification, open space enjoyment, recreation and noise reduction due to the installation of street landscaping, walls, and parks. S: \PROJECTS\MAINDIST \2016 -2017 MD Info \Folder of City Info \CSMD \Park Landsc aping \Director's Report.docx EXHIBIT 1 05104116 CC AGENDA FACE 152 The benefits from the installation of street landscaping accrue to all the lot or parcel owners within the Consolidated Maintenance District Street Landscaping Zone of Benefit. The benefits of the street landscaping inure to all lots or parcels uniformly, and are based on an Equivalent Dwelling Unit basis, in accordance with Exhibit "A" attached hereto. Park use is a benefit most likely to be enjoyed by each resident in the Park Zone of Benefit. These benefits are, therefore, uniformly assessed on an Equivalent Dwelling Unit basis, in accordance with Exhibit "A" attached hereto. No assessment for park benefits is made on non - residential lots. Historically, the City has identified the costs of street and median landscaping and park maintenance amenities that are not within the boundaries of the Consolidated Maintenance District and are therefore paid for out of the General Fund. The City then provided a subsidy to parcels within the Consolidated Maintenance District up to the amount of those costs (i.e., as of 1996, a 66% subsidy for park maintenance costs and 7.3% for street and median landscape maintenance costs). After the passage of Proposition 218 in 1996, the City has not raised assessment rates within the Consolidated Maintenance District even though maintenance costs have risen. Consequently, the subsidies to parcels within the Consolidated Maintenance District have continued to rise since 1996. On January 12, 2005, the City Council passed Resolution No. 019 -05 adopting Council Policy on Park Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue for the maintenance of street and median landscaping and park maintenance within the Consolidated Maintenance District. As of January 12, 2005, all new territories added to the Consolidated Maintenance District that benefit from public parks and /or street landscaping shall be assessed, consistent with the requirements of Proposition 218, those amounts set forth in Exhibit "A" of Resolution No. 019 -05. 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. NOW, THEREFORE, I, NICK FIDLER, Public Works Director of the City of Bakersfield, by virtue of the power vested in me and per direction of the Council of said City, hereby submit the Benefit Formula and Budget for the Consolidated Maintenance District for FY 2016 -2017, attached hereto as Exhibit "A" & "B" respectively. The Assessment Roll for the Consolidated Maintenance District for all parcels of property within the various areas of benefit of the Consolidated Maintenance District, subject to be assessed to pay the cost of maintenance and operation of the above described improvements in said territory, is on file in the City Clerk's Office. Dated: NICK FIDLER Public Works Director City of Bakersfield S: \PROJECTS\MAINDIST \2016 -2017 MD Info \Folder of City Info \CSMD \Park Landsc aping \Director's Report.docx EXHIBIT 1 05104116 CC AGENDA PAGE 153 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 is assigned by the Parks and Recreation Department and is based upon the level of amenities in proximity to the parcels receiving special benefit. County Fee(Tier): Any fees applied by the Kern County Tax Assessors office for the addition and any collections of this assessment on the annual Tax roll. The fee for the 2016 -2017 fax year is $0.20 per billed parcel. 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 05W04116 CC AGEATL3ZbA E 15 EXHIBIT "B" 2016 -2017 BUDGET CONSOLIDATED MAINTENANCE DISTRICT (CMD) STREET & PARK MAINTENANCE (City Staff Services or Contract, Supplies, Materials and Utilities) Gross Park Budget Amount Required Gross Street Budget Amount Required Less: City Contributions per Resolution 63 -96 NET AMOUNT TO BE ASSESSED ** Deficits not carried over from previous years. Deficits to be paid by the City of Bakersfield. $2,667,311.94 $6,171,444.06 $2,212,792.73 $6,625,963.27 05104116 CC A EN A PAGE 155 ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Consent - Resolutions h. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/15/2016 111-11 V 03 SUBJECT: Resolution of Intention No. 1877 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District ("CMD" herein) and the 2016-2017 budget and setting the time and place for hearing protests regarding the amount of street and median landscaping assessments to be levied throughout the CMD. Staff recommends adopting the Resolution of Intention. BACKGROUND: On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council Policy on Park Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue for the maintenance of street and median landscaping and park maintenance within the CMD. Assessment rates for all existing developments prior to that were not increased and the rates remain at the 2004-2005 level. Since January 12, 2005, all new territories added to the CMD that benefit from public parks and/or street landscaping have been assessed and will continue to be assessed, consistent with the requirements of Proposition 218, those amounts set forth in Resolution No. 019-05. 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. This Resolution of Intention preliminarily approves the Public Works Director's Report, attached hereto as Exhibit "1," which includes the benefit formula and proposed 2016-2017 budget for the CMD in its entirety. The benefit formula and proposed budget are attached to the Public Works Director's Report as Exhibit "A" and "B," respectively. The proposed street and median landscaping budget of $4,626,415.94 is a 1.9% increase over the previous year's budget of $4,540,817.30. Each territory currently within the CMD was individually added by Council Resolution at a prior date. The legal description, map and assessment diagram, benefit formula, and Assessor's Roll 05104116 CC AGENDA PAGE 156 for each territory within the CMD are on file in the City Clerk's Office with its respective Council Resolution. This Resolution of Intention sets the protest hearing for the Council meeting on Wednesday, June 8, 2016, at 5:15 P.M. ATTACHMENTS: 05104116 CC AGENDA PAGE 157 Description Type D FAG; #1877 foir the 20,16/20,17 CMD Stireet & Medan Resokltblrl I aindscapI ing /kssessirneints D Stireet & Medan I aindscap�ing /kssessirneints EkNNtl ExhNt D Stireet & Medan I aindscap�ing /kssessirneints ExhbUk ExhNt D Stireet & Medan I aindscap�ing /kssessirneints EkNNt B ExhNt 05104116 CC AGENDA PAGE 157 RESOLUTION OF INTENTION NO. 1877 A RESOLUTION OF INTENTION PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT FOR THE CONSOLIDATED MAINTENANCE DISTRICT AND THE 2016 -2017 BUDGET AND SETTING THE TIME AND PLACE FOR HEARING PROTESTS ON THE AMOUNT OF STREET AND MEDIAN LANDSCAPING ASSESSMENTS TO BE LEVIED THROUGHOUT THE CONSOLIDATED MAINTENANCE DISTRICT. (ALL WARDS) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for an alternative 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 several lots or parcels of property within the maintenance district established therefore; and 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 "I", which includes the following attachments: 1. the benefit formula, attached to the Director's Report as Exhibit "A "; 2. the proposed 2016 -2017 budget, containing the matters specified in Section 13.04.120 of the Bakersfield Municipal Code, attached to the Director's Report as Exhibit "B "; and WHEREAS, the amount of assessment to be levied against each parcel within the Consolidated Maintenance District is on file in CD format with the City Clerk. 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 reserves the right to perform the work of maintenance and operation of the public improvements within the Consolidated Maintenance District 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. 3. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territories within the boundaries so specified and described in the Consolidated Maintenance District benefit from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said territories, as previously passed by their respective Council Resolutions and are now on file with those Resolutions in the Office of the City Clerk of the City of Bakersfield, California. S: \PROJECTS \MAINDIST \2016 -2017 MD Info \Folder of City Info \CSMD \Street- Median Landscaping \Rnl 1,977 rinnx 05104116 CC AGENDA PAGE 158 4. The City Council hereby sets WEDNESDAY, JUNE 8, 2016, AT 5:15 P.M., or as soon thereafter as may be heard, at the Council Chambers of the City Council, 1600 Truxtun Avenue, Bakersfield, California, as the time and place for hearing protests on the following matters: • Fairness of the benefit formula; • Zone of benefit including tier level; • The amount of the park landscaping assessment on any parcel of property to be assessed; and • Reservation by city of right to elect whether to proceed to perform work by city forces or by private contractor. Any interested person may object to any of the above - listed matters by filing a written protest with the City Clerk at 1600 Truxtun Avenue, Bakersfield, California, at or before said time set for the protest hearing; and said City Clerk shall endorse on each protest the date and hour of its receipt, and at said hearing shall present to the Council all such protests filed with said Clerk. 5. The City Clerk is hereby further directed to cause notice of said protest hearing to be published in accordance with Chapter 13.04 of the Bakersfield Municipal Code. S: \PROJECTS \MAINDIST \2016 -2017 MD Info \Folder of City Info \CSMD \Street- Median Landscaping \Rnl 1,977 rinnx 05104116 CC AGENDA FACE 159 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 APPROVED 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" - Director's Report Exhibit "A" - Director's Report Benefit Formula Exhibit "B" - Director's Report Budget S: \PROJECTS \MAINDIST \2016 -2017 MD Info \Folder of City Info \CSMD \Street- Median Landscaping \Rnl 1,977 rinnx 05104116 CC A GENDA FAA GE 16 0 PUBLIC WORKS DIRECTOR'S REPORT FOR THE CONSOLIDATED MAINTENANCE DISTRICT City of Bakersfield Fiscal Year 2016 -2017 The City of Bakersfield Consolidated Maintenance District consists of all existing territories, separately and specifically described, in part, in the County of Kern Assessors Tax Number of each territory for the various areas of benefit within the Consolidated Maintenance District within the City of Bakersfield, County of Kern, State of California. The amount of assessment to be levied against each parcel within the Consolidated Maintenance District is on file in the office of the City Clerk. The 2016 -2017 Budget for the Consolidated Maintenance District, Exhibit "B" is attached hereto and incorporated by reference as though fully set forth herein. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, the Public Works Director makes and files this Report and proposed assessment of and upon all parcels of property within the areas of the district for the cost of maintaining and operating public parks, public street medians and other public street landscaping improvements. The improvements for the Consolidated Maintenance District Street Landscaping Zone of Benefit generally include, but are not limited to: Public Street Landscaping Improvements consisting of: turf, plant forms, shrubs, ground cover, trees, lighting, irrigation systems, conduits, water mains; and Public Street Median Improvements consisting of: turf, plant forms, shrubs, ground cover, trees, irrigation systems, conduits and water mains. The improvements for the Consolidated Maintenance District Park Zone of Benefit generally include, but are not limited to: turf, plant forms, shrubs, ground cover, trees, irrigation systems, conduits, water mains, playground equipment, picnic tables, drinking fountains, barbecue pits, security lighting and restrooms. The improvements in this Consolidated Maintenance District are of a public nature. The assessment includes the cost of necessary repairs, replacements, water, equipment, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof. For many years, parks, street medians and other street landscaping improvements in the City were maintained through traditional tax revenues. After the passage of Proposition 13 in 1978, funds available for maintenance and operation of local public improvements were substantially reduced. At present the City's budget does not allow for the cost of all maintenance and operation of local public improvements of the types described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new parks, public street median or other public street landscaping improvements to be constructed within the City. The funds generated as the result of this district are utilized strictly for the purpose of and applied to the maintenance and upkeep of public parks, public street median and other public street landscaping within the district. The Consolidated Maintenance District has been specifically designated to address park maintenance and operation, and maintenance of public street median and other public street landscaping improvements and all parcels within the district are affected. The areas within the boundary of the Consolidated Maintenance District receive benefits from the improvements and maintenance thereof. These benefits include street beautification, open space enjoyment, recreation and noise reduction due to the installation of street landscaping, walls, and parks. S: \PROJECTS \MAINDIST \2016 -2017 MD Info \Folder of City Info \CSMD \Street- Median Lan dscaping \Director's Report.docx EXHIBIT 1 05104116 CC ACEN A FACE 161 The benefits from the installation of street landscaping accrue to all the lot or parcel owners within the Consolidated Maintenance District Street Landscaping Zone of Benefit. The benefits of the street landscaping inure to all lots or parcels uniformly, and are based on an Equivalent Dwelling Unit basis, in accordance with Exhibit "A" attached hereto. Park use is a benefit most likely to be enjoyed by each resident in the Park Zone of Benefit. These benefits are, therefore, uniformly assessed on an Equivalent Dwelling Unit basis, in accordance with Exhibit "A" attached hereto. No assessment for park benefits is made on non - residential lots. Historically, the City has identified the costs of street and median landscaping and park maintenance amenities that are not within the boundaries of the Consolidated Maintenance District and are therefore paid for out of the General Fund. The City then provided a subsidy to parcels within the Consolidated Maintenance District up to the amount of those costs (i.e., as of 1996, a 66% subsidy for park maintenance costs and 7.3% for street and median landscape maintenance costs). After the passage of Proposition 218 in 1996, the City has not raised assessment rates within the Consolidated Maintenance District even though maintenance costs have risen. Consequently, the subsidies to parcels within the Consolidated Maintenance District have continued to rise since 1996. On January 12, 2005, the City Council passed Resolution No. 019 -05 adopting Council Policy on Park Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue for the maintenance of street and median landscaping and park maintenance within the Consolidated Maintenance District. As of January 12, 2005, all new territories added to the Consolidated Maintenance District that benefit from public parks and /or street landscaping shall be assessed, consistent with the requirements of Proposition 218, those amounts set forth in Resolution No. 019 -05. 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. NOW, THEREFORE, I, NICK FIDLER, Public Works Director of the City of Bakersfield, by virtue of the power vested in me and per direction of the Council of said City, hereby submit the Benefit Formula and Budget for the Consolidated Maintenance District for FY 2016 -2017, attached hereto as Exhibit "A" & "B" respectively. The Assessment Roll for the Consolidated Maintenance District for all parcels of property within the various areas of benefit of the Consolidated Maintenance District, subject to be assessed to pay the cost of maintenance and operation of the above described improvements in said territory, is on file in the City Clerk's Office. Dated: NICK FIDLER Public Works Director City of Bakersfield S: \PROJECTS \MAINDIST \2016 -2017 MD Info \Folder of City Info \CSMD \Street- Median Lan dscaping \Director's Report.docx EXHIBIT 1 05104116 CC AGENDA PA GE 162 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 is assigned by the Parks and Recreation Department and is based upon the level of amenities in proximity to the parcels receiving special benefit. County Fee(Tier): Any fees applied by the Kern County Tax Assessors office for the addition and any collections of this assessment on the annual Tax roll. The fee for the 2016 -2017 fax year is $0.20 per billed parcel. 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 05W04116 CC A E(V A bA E 163 EXHIBIT "B" 2016 -2017 BUDGET CONSOLIDATED MAINTENANCE DISTRICT (CMD) STREET & PARK MAINTENANCE (City Staff Services or Contract, Supplies, Materials and Utilities) Gross Park Budget Amount Required Gross Street Budget Amount Required Less: City Contributions per Resolution 63 -96 NET AMOUNT TO BE ASSESSED ** Deficits not carried over from previous years. Deficits to be paid by the City of Bakersfield. $2,667,311.94 $6,171,444.06 $2,212,792.73 $6,625,963.27 05104116 CC A GENDA PA GE 164 ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Consent - Resolutions i. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/15/2016 111-11 V 03 SUBJECT: Resolution of Intention No. 1878 preliminarily adopting, confirming and approving the Public Works Director's Report for twenty (20) Traffic Signal Maintenance Districts ("TSMD" herein) and their 2016-2017 budgets and setting the time and place for hearing protests on the amount of Traffic Signal assessments to be levied for each TSMD. Staff recommends adopting the Resolution of Intention. BACKGROUND: On September 28, 1994, the City Council passed Resolution No. 161-94 adopting Council Policy on Traffic Signal Maintenance Assessments which enables the City to collect additional revenue for the maintenance and operation of traffic signals within a TSMD. Since July 1, 1997, each territory that creates a TSMD has been assessed and will continue to be assessed an amount consistent with the requirements of Proposition 218. 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. The current annual cost for each signal system's maintenance and operation is $2,987.51. This Resolution of Intention preliminarily approves the Public Works Director's Report which includes the 2016-2017 budget for each TSMD attached hereto as Exhibit "B." Each territory comprising a TSMD was individually added by Council Resolution at a prior date. The legal description, map and assessment diagram, benefit formula, and Assessor's Roll for each TSMD are on file in the City Clerk's Office with its respective Council Resolution. This Resolution of Intention sets the protest hearing for the Council meeting on Wednesday, June 8, 2016, at 5:15 P.M. 05104116 CC AGENDA PAGE 165 ATTACHMENTS: 05104116 CC A GEN PA GE 166 Description Type D RO �l #1 (13 7 (13 Resokltblrl D EkNNtl ExhNt D ExhbUk ExhNt D EkNNt IB ExhNt 05104116 CC A GEN PA GE 166 RESOLUTION OF INTENTION NO. 1878 A RESOLUTION OF INTENTION PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT FOR TWENTY (20) TRAFFIC SIGNAL MAINTENANCE DISTRICTS AND THEIR 2016 -2017 BUDGETS AND SETTING THE TIME AND PLACE FOR HEARING PROTESTS REGARDING THE AMOUNT OF ASSESSMENTS TO BE LEVIED THROUGHOUT EACH OF THE TRAFFIC SIGNAL MAINTENANCE DISTRICTS. (ALL WARDS) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for an alternative 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 several lots or parcels of property within the maintenance district established therefore; and WHEREAS, the Council approved Resolution 161 -94 on September 28, 1994, which provides for the collection of maintenance and operating costs for "convenience" traffic signals (as that term is defined in said resolution) through a maintenance district; and 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 "I", which includes the following attachments: a) the Director's Report benefit formula, attached to the Director's Report as Exhibit "A "; b) the Director's Report budget for each district, containing the matters specified in Section 13.04.120 of the Bakersfield Municipal Code, attached to the Director's Report as Exhibit "B "; and WHEREAS, the amount of assessment to be levied against each parcel within the Traffic Signal Maintenance Districts is on file in CD format with the City Clerk. 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 reserves the right to perform the work of maintenance and operation of the public improvements within each of the Traffic Signal Maintenance Districts 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. 3. 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 are the Traffic Signal Maintenance Districts which benefit from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon the parcels and lots within each S:\PROJECTS\MAINDIST\2016-2017MD Info \Folder of City Info \TSMD \ROI #1878.docx 05104116 CC ACEN A FACE 167 district; and that the exterior boundaries of said Traffic Signal Maintenance Districts are hereby specified and described on the "Map and Assessment Diagram for Traffic Signal Maintenance Districts, Bakersfield, California" now on file in the Office of the City Clerk of the City of Bakersfield and in the Office of the Public Works Director, attached as Exhibit "B" to the respective Resolution creating each Traffic Signal Maintenance District. 4. The City Council hereby sets WEDNESDAY, JUNE 8, 2016, AT 5:15 P.M., or as soon thereafter as may be heard, at the Council Chambers of the City Council, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for hearing protests on the following matters: • Fairness of the benefit formula; • The amount of the assessment on any parcel of property to be assessed; • Reservation by City of right to elect whether to proceed to perform work by city forces or by private contractor. Any interested person may object to any of the above - listed matters by filing a written protest with the City Clerk at 1600 Truxtun Avenue, Bakersfield, California, at or before said time set for the protest hearing; and said City Clerk shall endorse on each protest the date and hour of its receipt, and at said time appointed for said hearing shall present to the Council all such protests filed with said Clerk. 5. The City Clerk is hereby further directed to cause notice of said protest hearing to be published in accordance with Chapter 13.04 of the Bakersfield Municipal Code. S:\PROJECTS\MAINDIST\2016-2017MD Info \Folder of City Info \TSMD \ROI #1878.docx 05104116 CC AGENDA PAGE 168 HEREBY CERTIFY that the foregoing Resolution of Intention 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 APPROVED 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" - Director's Report Exhibit "A" - Director's Report Benefit Formula Exhibit "B" - Director's Report Budget S:\PROJECTS\MAINDIST\2016-2017MD Info \Folder of City Info \TSMD \ROI #1878.docx 05104116 CC AGENDA PA GE 169 PUBLIC WORKS DIRECTOR'S REPORT FOR TRAFFIC SIGNAL MAINTENANCE DISTRICTS City of Bakersfield Fiscal Year 2016 -2017 The City of Bakersfield Traffic Signal Maintenance Districts are specifically described in each of the resolutions establishing the districts and approved by the city council and all are on file in the office of the City Clerk and incorporated by reference as though fully set forth herein. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, the Public Works Director makes and files this Report and proposed assessment of and upon all parcels of property within the districts for the cost of maintaining and operating traffic signals that benefit the various districts. The assessment includes the cost to operate, maintain, repair and replace signal poles, mast arms, signal heads, controller, cabinet, machine vision detection system, street light luminaries, conduits, wires and pull boxes, cost of energy, supervision and any and all other items necessary for the proper maintenance and operation thereof. Developers often request permission to install traffic signals on major streets to enhance access to their development. These "convenience" traffic signals are not required by the Traffic Authority to regulate traffic flow, but are installed solely at the discretion of the developer of a commercial site. Such signals do not provide a general public traffic benefit. Under the "user pay" concept, the private property deriving benefits should bear the costs of maintenance and operation of convenience traffic signals. On September 28, 1994 the City Council approved Resolution 161 -94 instituting the collection of maintenance and operating costs of future convenience traffic signals through maintenance districts. The traffic signals that are operated and maintained under these maintenance districts benefit the parcels within the various districts. Each parcel is assessed an amount based on formulas set forth in each of the districts' Exhibit "C" on file with the City Clerk's Office. NOW, THEREFORE, I, NICK FIDLER, Public Works Director of the City of Bakersfield, by virtue of the power vested in me and per direction of the Council of said City, hereby submit the Benefit Formula and Budget for the Traffic Signal Maintenance Districts for FY 2016 -2017, attached hereto as Exhibit "A" and "B" respectively. The Assessment Roll for the Traffic Signal Maintenance Districts for all parcels of property within the areas of benefit of the Traffic Signal Maintenance Districts, subject to be assessed to pay the cost of maintenance and operation of the above described improvements in said territory, is on file in the City Clerk's Office. Dated NICK FIDLER PUBLIC WORKS DIRECTOR CITY OF BAKERSFIELD EXHIBIT 1 05104116 CC A GENDA PA GE 17 TRAFFIC SIGNAL MAINTENANCE DISTRICTS CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel in the Traffic Signal Maintenance District shall be assessed the sum of the amounts as defined below: Rate: The rate shall equal the dollar amount shown on the proposition 218 ballot used in the formation of the Traffic Signal District and approved by City Council at the time of the formation and is included as if incorporated herein. FORMULA TOTAL ASSESSMENT AMOUNT = ((ANNUAL COST OF AN AVERAGE COST OF A TRAFFIC SIGNAL X No. of Signals) / % of acreage of parcel in the district) + ANY COUNTY FEES) ** ** Fee will never be greater than allowed per the prop. 218 ballot(s). If the district formed before prop 218, than the fee charged at the time prop. 218 passed will be carried over as the flat rate. AVERAGE TRAFFIC SIGNAL COST: The public works department will calculate the amount of electricity, maintenance & operation costs are involved with the average traffic signal in the City of Bakersfield. That amount will be used for this Value. % OF ACREAGE Each parcel within a specific district will be assessed based upon their acreage within their district. E.g. If an owner owns 50% of the acreage in a district, then they will pay 50% of the cost of any signals included with the district. COUNTY FEES: The County Assessors office charges a fee to collect these assessments on the regular property tax bill. For the FY 2016 -2017 this fee is $0.20 per parcel billed. EXHIBIT "A" 05104116 CC A GENDA PA GE 171 TRAFFIC SIGNAL MAINTENANCE DISTRICTS 2016 -2017 BUDGET (City Staff Services or Contract, Supplies, Materials and Utilities) Cost per Signal = $2,987.51 Gross Budget Amount Required $ 71,700.24 NET AMOUNT TO BE ASSESSED $ 71,700.24 EXHIBIT "B" 05104116 CC A GENDA PA GE 172 No. Of Signals Budget TS -1 Marketplace (Ming & Haggin Oaks) 1 $ 2,987.51 TS -2 NW Promenade (Rosedale & Coffee) 1 $ 2,987.51 TS -3 (Rosedale & Jet way / Rosedale & Coffee) 2 $ 5,975.02 TS -4 (Calloway & Gleneagles & Jewetta @ Milverton) 2 $ 5,975.02 TS -5 NW Promenade #2 (Rosedale & Main Plaza) 1 $ 2,987.51 TS -6 (E. Brundage & Hayes) 1 $ 2,987.51 TS -7 (Mt Vernon & N. Bernard) 1 $ 2,987.51 TS -8 (Calloway & Hageman) 1 $ 2,987.51 TS -9 Gosford Village ( Gosford & Harris) 3 $ 8,962.53 TS -10 The Crossings (Stockdale & Riverrun) 1 $ 2,987.51 TS -12 (Panama & Wible) 1 $ 2,987.51 TS -13 (Panama & Stine) 1 $ 2,987.51 TS -16 (Buena Vista & White Lane) 1 $ 2,987.51 TS -17 The Grove (3015 Calloway) 1 $ 2,987.51 TS -18 Kaiser Entrance( South H & Berkshire) 1 $ 2,987.51 TS -19 Memorial Hospital (34th Street Entrance) 1 $ 2,987.51 TS -20 The Grove #2 (Panama South of S. H Street) 1 $ 2,987.51 TS -22 San Joaquin Hospital Entrance 1 $ 2,987.51 TS -23 Winco Entrance (Panama Lane and Ashe Road) 1 $ 2,987.51 TS -24 Riverlakes Galleria (Olive Drive and Calloway Drive) 1 $ 2,987.51 Gross Budget Amount Required $ 71,700.24 NET AMOUNT TO BE ASSESSED $ 71,700.24 EXHIBIT "B" 05104116 CC A GENDA PA GE 172 ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Consent - Agreements j. TO: Honorable Mayor and City Council FROM: Douglas N. Mclsaac, Community Development Director DATE: 4/7/2016 &1[11 1.1 SUBJECT: Agreement with the Housing Authority of the County of Kern (HACK) for $1,500,000 U.S. Department of Housing (HUD) HOME Investment Partnership (HOME) funds for the rehabilitation of affordable housing units located at 601 36th Street and 1420 Monterey Street. Staff recommends approval of agreement. BACKGROUND: Housing and Urban Development regulations requires the commitment and expenditure of HOME funds within certain time frames. The City is obligated to commit at least $1.8 million in HOME funds by July 31, 2016 and approximately $1.35 million is required to be expended by July 2017. For this reason, staff sent out a Request for Qualifications and Proposals (RFQ/P) in February 2016 to search for a qualified housing developer for the development, construction, and/or the preservation through rehabilitation of low-income affordable housing. Staff received one proposal by the RFQ/P closing date of March 4, 2016 from the Housing Authority of the County of Kern (HACK). The proposal received from HACK will rehabilitate two of its affordable housing projects, Villas San Dimas and 1420 Monterey Street Apartments. The first project is Villa San Dimas located at 601 36th Street. This apartment complex was built under the HUD 236 program in 1973. Being underfunded for decades, the property has accumulated significant deferred maintenance. The property is located near Memorial Hospital in an area that is part of the City and hospital's neighborhood revitalization efforts. Villa San Dimas is a 5-building, 20-unit affordable multi-family apartment complex which features six 1-bedroom units, ten 2-bedroom units, and four 3- bedroom units on a 1.04-acre site. The budget proposed for this site includes $60,000 to modernize the interior of each unit and an update of the exterior of each building. Built in 1986, 1420 Monterey Street is a 16-unit affordable housing complex located in east 05104116 CC AGENDA PA GE 173 Bakersfield. This affordable multi-family housing complex is budgeted for $20,000 per unit for interior modernization. Monterey Street Apartments feature 16 1- bedroom units. Utilizing tax exempt bond financing, tax credit equity and the HOME funds, HACK will rehabilitate and modernize both complexes. The total modernization budget for both the projects is $2,674,000. The preservation of existing affordable housing is a high priority in the City's HUD Consolidated Plan 2020. This agreement with HACK will preserve 36 units of affordable housing through modernization and protect current low-income housing from conversion to market rate. Staff recommends approval of the agreement. F-11 i all M I ��i 14 LI k &I Description Type D Agireeirneint Agireeirneint 05104116 CC A GEN PA GE 174 AGREEMENT NO. AGREEMENT REGARDING REHABILITATION OF MULTI - FAMILY AFFORDABLE HOUSING THIS AGREEMENT is made and entered into on by and between the CITY OF BAKERSFIELD, a California charter city and municipal corporation ( "CITY" herein) and HOUSING AUTHORITY OF THE COUNTY OF KERN, a public body, corporate and politic ( "HACK" herein). RECITALS WHEREAS, the Congress of the United States has enacted the "HOME Investment Partnerships" Act ( "the Program" herein) at 42 USC 12741 et. seq. of the Cranston - Gonzalez National Affordable Housing Act and amendments ( "the Act" herein); and WHEREAS, CITY has submitted certain documents to the Department of Housing and Urban Development ( "HUD" herein) hoping to receive funds pursuant to the Program; and WHEREAS, CITY is empowered, under the Program, to administer funds received and to enter into agreements with nonprofit organizations; and WHEREAS, CITY desires to maintain affordable housing in the city limits of Bakersfield ( "the Targeted Area "); and WHEREAS, HACK is in the business of managing, maintaining and rehabilitating affordable multi - family housing complexes; and WHEREAS, HACK intends to rehabilitate Villa San Dimas, located at 60136 th Street and a 16 -unit complex located at 1420 Monterey Street ( "Project Properties" herein); and WHEREAS, it is CITY's intent to assist HACK in maintaining affordable housing by granting to HACK up to ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000.00) to rehabilitate the Project Properties; and WHEREAS, HACK shall procure any additional funding that CITY's funds do not cover to rehabilitate all of the affordable multi - family units that make up the Project Property. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and HACK mutually agree as follows- 1 . DEFINITIONS. Except as modified by the "Grant Agreement," to be entered into by CITY and HUD, any term defined in the Act, or the HUD Regulations at 24 CFR 92 et. seq., shall have the same meaning in this Agreement. 1.1. "Project" means the rehabilitation of the multi - family units that comprise the Project Properties, more fully described in Schedule "A." C: \PROGRAM FILES ( X86 ) \NEEVIA.COM \DOCCONVERTERPRO\ TEMP \NVDC \BB288F5F- O5CD- 4C6A -AODF- 7DF2EOD539A1\ PDFCONVERT.5342.1.HACK_REHABS_- HOME.DOC April 14, 2016 -- Page 1 of 17 Pages-- 05104116 CC A GENDA PA GE 175 1.2. "Rehabilitation Activity" means the CITY Grant - funded portion of the Project which includes, but is not limited to, rehabilitation, inspections and permitting and further described in Schedule "A." 1.3. "Fiscal Year" means a twelve -month period between July 1 and June 30 of the following year. 1.4. "Contractor" has the meaning set forth in California Business and Professions Code Section 7026. 1.5. "Loan" means the HOME funding to be used for rehabilitation of the Project Property. 1.6. "Period of Affordability" means the fifteen (15) year time period beginning at Project Completion during which the multi - family units rehabilitated must remain affordable to all renters. 1.7. "Project Completion" shall have the same meaning set forth at 24 CFR 92.2. 1.8. "Prol'ect Properties" means the property known as the Villa San Dimas located at 601 36t Street and a 16 -unit complex located at 1420 Monterey Street. 1.9. "Debt Service" means regularly scheduled payments of principal and interest made in a calendar year pursuant to the approved financing obtained for the development and ownership of the Project which is senior in lien priority to the Loan, but excluding payments made pursuant to the Loan. 1.10. "Operating Expenses" means actual, approved, reasonable and customary costs, fees and expenses directly attributable to the operation, recordkeeping, maintenance, taxes and management of the Complex, including without limitation: a commercially reasonable property management fee (not to exceed fifty -five dollars ($55.00) per unit per month unless an increase is permitted by State or Federal law, and provided that any such property management fee shall not include any payment of any item which is deducted separately as an Operating Expense), taxes and assessments; payroll and payroll taxes for property employees; insurance; security; painting, cleaning, repairs, and alterations; landscaping; sewer charges, utility charges; advertising, promotion and publicity, cable television, satellite and other similar services; office, janitorial, cleaning and building supplies; approved recreational amenities and supplies; purchase, repair, servicing and installation of appliances, equipment, fixtures and furnishing; fire alarm monitoring; fees and expenses of accountants, attorneys, consultants and other professionals that are directly attributable to the Property and which are customarily incurred in the operations of projects comparable to the Property. The Operating Expenses shall be reported in the Annual Financing Statement. Expenses for the purpose of calculating Residual Receipts are subject to CITY approval and shall be calculated on an accrual basis. Operating Expenses shall not include long term capital improvements (other than the maintenance of the Replacement Reserve Fund), repairs or replacements paid out of insurance proceeds received by HACK or the Limited Partnership or depreciation of buildings or other similar non -cash items of expense or deduction from income. C: \PROGRAM FILES ( X86 ) \NEEVIA.COM \DOCCONVERTERPRO\ TEMP \NVDC \BB288F5F- O5CD- 4C6A -AODF- 7DF2EOD539A1\ PDFCONVERT.5342.1.HACK_REHABS_- HOME.DOC April 14, 2016 -- Page 2 of 17 Pages-- 05104116 CC A GENDA PA GE 176 1.11. "Operating Reserve Fund" means the fund established to ensure that operating expenses will be paid. 1.12. "Payment Date" means April 1St of the year after the end of the HACK's fiscal year with respect to the preceding fiscal year. 1.13. "Residual Receipts" shall mean, for each calendar year, Revenues less the sum of (i) Operating Expenses, (ii) Debt Service, (iii) Deposits to the Operating Reserve Fund and Replacement Reserve Fund, (iv) deferred developer fees, and (v) a partnership management fee to the managing general partner of HACK, and /or a general partner asset management fee payable to one or more of the general partners of the HACK and /or a limited partner asset management fee payable to one or more of the limited partners of HACK, and an annual audit fee, in such amounts which are set forth in the results in a negative number, Residual Receipts shall be zero for that year. 1.14. "Revenues" shall mean the sum of (1) all cash received from rents, lease payments and all other sources including, without limitation, rental assistance payments, but excluding (a) tenant security or other deposits (unless forfeited), (b) capital contributions and interest thereon, (c) proceeds from capital transactions and (d) interest on reserves not available for distribution, (2) the net proceeds of any insurance (including rental interruption insurance), other than fire and extended coverage and title insurance, to the extent not reinvested, and (3) any other funds deemed available for distribution by the HACK. 2. SCOPE OF WORK. HACK will be responsible for administering the Project in a manner satisfactory to CITY and consistent with any standards required as a condition of providing these funds. The Scope of Work of the Project will include the activities as set out in Schedule "A" attached and incorporated by reference as if set out in full. 3. TERMS OF LOAN. 3.1. Amount of Loan. It is expressly agreed and understood that the total amount loaned by CITY to HACK for the Project shall not exceed ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000.00). Such loan shall be due and payable fifty -five (55) years from the date of execution by HACK of a promissory note as required herein, unless repaid sooner as set forth in this Agreement or the promissory note. HACK shall pay interest at a rate of three percent (3) simple interest Per year. HACK shall begin making annual payments of principal and interest on April 1 s of the year following Project Completion. Payments shall be made solely from Residual Receipts based upon the following formula. 1420 Monterey Apartments Residual Receipts will be shared 50% to the City and 50% to HACK. City's share shall be applied first to pay current annual interest due, then the cumulative interest owed, and then to reduce the principal amount of the CITY Loan. Upon payment in full of the CITY Loan, CITY shall have no further right to payment of any portion of Residual Receipts. CITY Loan and all current and accrued interest thereon shall be due and payable immediately if the Properties, or any portion thereof or interest therein, is sold, transferred, assigned or refinanced other than in connection with a Permitted Transfer or otherwise than in accordance with this Agreement. C: \PROGRAM FILES ( X86 ) \NEEVIA.COM \DOCCONVERTERPRO\ TEMP \NVDC \BB288F5F- O5CD- 4C6A -AODF- 7DF2EOD539A1\ PDFCONVERT.5342.1.HACK_REHABS_- HOME.DOC April 14, 2016 -- Page 3 of 17 Pages-- 05104116 CC AGENDA PA GE 177 HACK shall execute a promissory note in favor of the CITY for ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000). Additionally HACK shall execute and record a deed of trust on the Properties in favor of CITY. Such deeds of trust shall be no less than a third deed of trust. The deeds of trust shall secure all HACK's promises extended to City in this Agreement. The promissory note, referred to herein shall be in the form which is attached hereto as Exhibit "A" and incorporated herein by referenced. 3.2. Disbursement of Funds. CITY shall not be obligated to disburse, or pay to, HACK or any third party, any funds until and after CITY receives HOME funds from the federal government. If CITY does not receive such funds, CITY, at its option, may terminate or suspend this Agreement without any liability to HACK until CITY receives such funds. HACK shall not be entitled to any damages from CITY if CITY refuses to disburse funds until CITY receives funds, even if HACK or any third party has detrimentally relied upon this Agreement. HACK shall conform to the scheduled "milestones" set forth in Schedule "A ". HACK shall pay for any and all costs greater than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000.00). 3.3. Method of Payment. HACK shall complete all work to CITY's approval, within budget and on time. CITY shall not be obligated to provide funds for work if it is unsatisfactory or completed late. The parties may agree in writing, signed by CITY's Community Development Coordinator, to adjust the time schedule set forth in Schedule INA11 3.4. Claims for Payment. Subject to 3.2 and 3.3 above, CITY agrees to pay "claims for payment" to HACK within thirty (30) days after CITY receives a satisfactory "claim for payment" and after a properly- designated HACK official certifies the percentage of the Activity completed. HACK shall properly itemize and document claims for payment to show clearly the items, tasks, or services for which HACK claims reimbursement. HACK shall also describe the basis for computation: cost per hour, cost per weight, cost per task, or other measurement as CITY may specify. CITY may review the claim for completeness and accuracy, and may refuse to pay any claim until explained to CITY's satisfaction. HACK grants CITY the power to make an independent determination of the percentage of the Activity satisfactorily completed and CITY's determination shall be conclusive. 3.5. Retention of Funds. After CITY approves a claim, CITY agrees to pay HACK 90% of the claim. CITY agrees to pay the remaining 10% to HACK forty -five (45) days after the HACK has recorded a "Notice of Completion" and after HACK has complied with the appropriate paragraphs of this Agreement. C: \PROGRAM FILES ( X86 ) \NEEVIA.COM \DOCCONVERTERPRO\ TEMP \NVDC \BB288F5F- O5CD- 4C6A -AODF- 7DF2EOD539A1\ PDFCONVERT.5342.1.HACK_REHABS_- HOME.DOC April 14, 2016 -- Page 4 of 17 Pages-- 05104116 CC A GENDA PA GE 178 3.6. If Funds Not Sufficient. If, after bid opening, CITY determines funds are insufficient to satisfactorily complete the Activity, CITY will allow HACK forty -five (45) days to obtain additional funds. If HACK cannot obtain additional funds, on written approval of CITY, HACK may reduce the scope of the Activity. If HACK can neither obtain additional funds nor satisfactorily reduce the scope of the Activity, CITY and HACK shall terminate this Agreement. On such termination, or if the Activity is postponed or abandoned, CITY shall not incur any liability to HACK for its expenses related to or growing out of this Agreement, or for later costs for completion of the improvements. 3.7. HACK Deed of Trust. HACK shall execute a deed of trust in the form attached hereto as Exhibit "B" and incorporated herein by reference. 4. HACK'S OBLIGATIONS. 4.1. Federal. HACK shall obey the Act, any amendments, Federal regulations and guidelines now or hereafter enacted pursuant to the Act, terms of the HOME Program Agreement between HUD and CITY now or hereafter in effect, and CITY's regulations now or hereafter enacted to facilitate administration of the Grant, or any other statute, regulation, or guideline applicable to the Program. HACK shall become familiar with the appropriate statutes, regulations, and guidelines governing the Grant program. 4.1.1. Federal Labor Standards Provisions. HACK shall comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provision of Contract Work Hours and Safety Standards Act, the Copeland "Anti- Kickback" Act (40 U.S.C. 276a- 276a5; 40 U.S.C. 327 and 40 U.S.C. 276c) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. HACK shall maintain documentation which demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to CITY for review upon request. Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, HACK, and all contractors engaged under contracts in excess of $2,000 for the construction, alteration, and /or repair of any building or work financed in whole or in part with Federal funds provided under this Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR parts 3, 5, and 5.5a, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided, that if wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve HACK of its obligation, if any, to require payment of higher rates. HACK shall cause or require to be inserted in full, in all such contracts subject to such regulations, the clause, or any modification thereof, set out in 29 CFR parts 3.5, and 5.5a. HACK shall comply with the procedures set out in the HUD handbook 1344.1, "Federal Labor Standards Compliance in Housing and Community Development Programs" (as amended). 4.2. Affordability. Pursuant to 24 CFR 92.254, HACK shall ensure that the Project Property remains affordable throughout the Period of Affordability. HACK shall ensure that the affordability requirements of 24 CFR 92.252 are followed for a period of fifteen (15) years after Project Completion. A declaration of restrictions will be recorded on C: \PROGRAM FILES ( X86 ) \NEEVIA.COM \DOCCONVERTERPRO\ TEMP \NVDC \BB288F5F- O5CD- 4C6A -AODF- 7DF2EOD539A1\ PDFCONVERT.5342.1.HACK_REHABS_- HOME.DOC April 14, 2016 -- Page 5 of 17 Pages-- 05104116 CC AGENDA PA GE 179 the Project Property requiring that the rental units remain affordable for a period of fifteen (15) years after Project Completion and rent limits consistent with HUD guidelines for maximum rents. A copy of the declaration of restrictions is attached as Exhibit "C." All leases for rental on the Project shall comply with 24 CFR 92.253. HACK must adopt tenant selection policies in conformance with 24 CFR 92.253(d). HACK shall market the Project only to people having low or very-low incomes. Eleven of the 36 units are HOME - assisted units, with 50% made available to low income persons and 50% made available to very low income persons as defined by HUD with regards to median family income adjusted for family size. HACK shall make a good faith effort to solicit applications from throughout the City of Bakersfield. HACK shall not deny access to the Project on the basis of age, race, ethnicity, gender, or sexual orientation. 4.3. Rehabilitation. Before the rehabilitation of the Project Property shall commence, HACK shall submit to CITY all Rehabilitation Activities to be completed, all contractors and /or in -house personnel that will complete the rehabilitation activities, cost estimates for each Rehabilitation Activity, a copy of any required building permits issued by the City of Bakersfield's Building Department, and any other documentation required by State or Local law for the rehabilitation of the Project Properties. 4.3.1. Lead -Based Paint. Because this Agreement is subject to the Lead - Based Paint Poisoning Prevention Act (42 USC 4821, et. seq.) and its implementing regulations at 24 CFR Part 35, HACK shall ensure that all rehabilitation activities that disturb a known lead based paint hazard are carried out in accordance with the above, and all State, regulations. If not already completed, HACK shall initiate and pay for a Lead Based Paint Risk Assessment on the entire Project Property for the purpose of identifying lead based paint hazards. Any rehabilitation work that needs to be completed per the Risk Assessment and not covered by, or in excess of, the CITY's contribution to the project shall be paid for by COPRORATION. 4.4. Independent Contractor. HACK understands and agrees that it is an "independent contractor" with respect to the services to be performed under this Agreement. CITY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance. 4.4.1. HACK shall implement and manage the entire Project. 4.4.2. HACK shall be responsible for the control or safety of HACK officers, employees, agent, or invitees during and after construction. 4.5. Indemnity. HACK 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 HACK, HACK'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.. C: \PROGRAM FILES ( X86 ) \NEEVIA.COM \DOCCONVERTERPRO\ TEMP \NVDC \BB288F5F- O5CD- 4C6A -AODF- 7DF2EOD539A1\ PDFCONVERT.5342.1.HACK_REHABS_- HOME.DOC April 14, 2016 -- Page 6 of 17 Pages-- 05104116 CC AGENDA PAGE 18 4.6. Insurance. In addition to any other insurance or bond required under this Agreement, HACK shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements" herein): 4.6.1. 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: 4.6.1.1. Provide coverage for owned, non -owned and hired autos. 4.6.2. Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: Agreement. 4.6.2.1. Provide contractual liability coverage for the terms of this 4.6.2.2. Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees, designated volunteers and HUD. 4.6.3. Special form fire insurance policy, in an amount sufficient to cover the project and expressly naming City as loss payee. 4.6.4. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation endorsement in favor of the CITY, its mayor, council, officers, agents, employees, designated volunteers and HUD. 4.6.5. Except for professional liability, all policies required of HACK shall be primary insurance as to CITY, its mayor, council, offers, agents, employees, designated volunteers, or HUD and any insurance or self- insurance maintained by CITY, its mayor, council, officers, agents, employees and designated volunteers shall be excess of the HACK's insurance and shall not contribute with it. 4.6.6. Except for workers compensation, insurance is to be placed with insurers with a Bests' rating as approved by CITY's Risk Manager, but in no event less than A--VI I. 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 Bests' A--VI I, must be declared prior to execution of this Agreement and approved by the CITY in writing. C: \PROGRAM FILES ( X86 ) \NEEVIA.COM \DOCCONVERTERPRO\ TEMP \NVDC \BB288F5F- O5CD- 4C6A -AODF- 7DF2EOD539A1\ PDFCONVERT.5342.1.HACK_REHABS_- HOME.DOC April 14, 2016 -- Page 7 of 17 Pages-- 05104116 CC A EN A PAGE 181 4.6.7. Unless otherwise approved by the CITY's Risk Manager, all policies shall contain an endorsement providing 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. 4.6.8. 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 CITY. 4.6.9. The HACK shall furnish CITY's Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. 4.6.10. Full compensation for all premiums which the HACK 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 therefore or for additional premiums which may be required by extensions of the policies of insurance. 4.6.11. It is further understood and agreed by the HACK that its liability to CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the HACK in connection with this Agreement. 4.6.12. Unless otherwise approved by 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 CITY has approved lesser insurance requirements for HACK. 5. ADMINISTRATIVE REQUIREMENTS. 5.1. Financial Management. 5.1.1. Accounting Standards. HACK agrees to comply with 24 CFR Part 84 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 5.1.2. Cost Principles. HACK shall administer its program in conformance with applicable federal requirements. 5.2. Documentation and Record Keeping. 5.2.1. Records to be Maintained. HACK shall maintain all records required by the Federal regulations specified in 24 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Such records include, but are not limited to: C: \PROGRAM FILES ( X86 ) \NEEVIA.COM \DOCCONVERTERPRO\ TEMP \NVDC \BB288F5F- O5CD- 4C6A -AODF- 7DF2EOD539A1\ PDFCONVERT.5342.1.HACK_REHABS_- HOME.DOC April 14, 2016 -- Page 8 of 17 Pages— 05104116 CC A EN A PAGE 182 undertaken; 5.2.1.1. Records providing a full description of each activity 5.2.1.2. Records demonstrating that each activity is an eligible activity of the HOME program; 5.2.1.3. Records required to determine the eligibility of activities; 5.2.1.4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with HOME assistance; 5.2.1.5. Records documenting compliance with the fair housing and equal opportunity components of the HOME program; 5.2.1.6. Financial records as required by 24 CFR Part 84. 5.2.2. Retention. HACK shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years after Project Completion. Records for any displaced person must be kept for five (5) years after he /she has received final payment. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five -year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five -year period, whichever occurs later. 5.2.3. Client Data. HACK shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, ethnicity and description of service provided. Such information shall be made available to CITY or its designees for review upon request. 5.2.4. Property Records. HACK has title to and will be responsible for the maintenance and operation of the improvements made under this Agreement. 5.2.5. Audits and Inspections. All HACK records with respect to any matters covered by this Agreement shall be made available to CITY, its designee or the Federal Government, at any time during normal business hours, as often as CITY deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the HACK within 30 days after receipt by it. Failure of HACK to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The HACK hereby agrees to have a single audit conducted in accordance with applicable federal regulations. C: \PROGRAM FILES ( X86 ) \NEEVIA.COM \DOCCONVERTERPRO\ TEMP \NVDC \BB288F5F- O5CD- 4C6A -AODF- 7DF2EOD539A1\ PDFCONVERT.5342.1.HACK_REHABS_- HOME.DOC April 14, 2016 -- Page 9 of 17 Pages-- 05104116 CC AGENDA PAGE 183 5.3. Personnel and Participant Conditions. 5.3.1. Non - discrimination Requirements. Under any related agreements or contracts, HACK shall provide that no person, on the grounds of race, color, national origin, religion, sex or physical handicap, shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with HOME Program funds. In addition, HOME Program funds must be made available in accordance with the following: 5.3.1.1. The requirements of the Fair Housing Act and implementing regulations at 24 CFR 100. 5.3.1.2. Executive Order 11063 as amended by Executive Order 12259 (Equal Opportunity in Housing) and implementing regulations at 24 CFR 107. 5.3.1.3. Title VI of the Civil Rights Act of 1964 (Nondiscrimination in Federally Assisted Programs) and implementing regulations at 24 CFR 1. 5.3.2. Rehabilitation Act of 1973 and Americans with Disabilities Act. This Agreement is subject to the provisions of Section 503 and 504 of the Rehabilitation Act of 1973 (PL 930112), 29 USC 706, and attendant regulations at 24 CFR, Part 8, which provide that no otherwise qualified, disabled individual shall, solely by reason of his disability, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity receiving federal financial assistance. This Agreement is also subject to the Americans with Disabilities Act of 1990 (Public Law 101- 336), as amended, 42 USC 12101, et. seq. 5.3.3. Non - discrimination Because of Age. This Agreement is subject to the Age Discrimination Act of 1975, as amended, (Title III of Public Law 94 -135) and implementing regulations at 24 CFR 146. 5.3.4. Equal Employment Opportunity (Non- discrimination Clause). HACK shall comply with Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086 and 12107 as well as the implementing regulations at 41 CFR 60. 5.3.5. Women and Minority -Owned Business Enterprises. HACK shall comply with Executive Order 11625, as amended by Executive Order 12007 and Executive Order 12138, as amended by Executive Order 12608. 5.3.6. Affirmative Action for the Vietnam -Era Veterans. HACK shall comply with 48 CFR, Chapter 1, Subpart 22.13 and shall take affirmative action to employ, advance in employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam Era without discrimination based on disability or veteran's status in all employment practices such as employment, upgrading, demotion, transfer, recruitment, advertising, layoff, or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. C: \PROGRAM FILES ( X86 ) \NEEVIA.COM \DOCCONVERTERPRO\ TEMP \NVDC \BB288F5F- O5CD- 4C6A -AODF- 7DF2EOD539A1\ PDFCONVERT.5342.1.HACK_REHABS_- HOME.DOC April 14, 2016 -- Page 10 of 17 Pages— 05104116 CC A GENDA PA GE 18 5.3.7. Implementation of Small Business Act. This Agreement is subject to the requirements of the Small Business Act (15 USC 631 et seq.), as amended, applicable HUD regulations at 48 CFR, Part 19, and any applicable rules and orders of HUD requiring aid, counseling, assistance, and protection, insofar as possible, with, for, or of the interests of small- business concerns in order to preserve free competitive enterprise; and placement with small businesses of a fair proportion of the total federally- funded purchases and contracts for property and services. HACK shall implement the specific small- business policies herein below to further the goals of the Small Business Act: 5.3.7.1. Equal Opportunity. HACK shall give small businesses an equitable opportunity to compete for prime contracts and subcontracts. HACK shall include the applicable "Utilization of Small Business Concerns and Small Disadvantaged Business Concerns" clause in all contracts in connection with this Rehabilitation Activity in amounts which may exceed $10,000 except; 5.3.7.1.1. contracts which are to be performed entirely outside the United States; and 5.3.7.1.2. contracts for personal services. 5.3.7.2. Bidder mailing lists shall include established and potential qualified small- business concerns; 5.3.7.3. HACK shall send invitations for bids, or request for proposals, to all firms on the appropriate mailing list which shall include an appropriate number of small businesses; 5.3.7.4. HACK shall publicize proposed procurement and contract awards in accordance with these policies; 5.3.7.5. HACK shall divide procurement of property and services into reasonably small lots (not less than economic production runs) to permit bidding on quantities less than the total requirements; 5.3.7.6. HACK shall allow the maximum amount of time practical for preparation and submission of bid and proposals; 5.3.7.7. HACK shall establish realistic delivery schedules to encourage small business participation; 5.3.7.8. HACK shall furnish applicable specifications, plans, and drawings with invitations for bids and request for proposals or information as to locations where they may be obtained, or examined; 5.3.7.9. HACK shall treat equal low bids in accordance with 48 CFR Subpart 14.408 -1; C: \PROGRAM FILES ( X86 ) \NEEVIA.COM \DOCCONVERTERPRO\ TEMP \NVDC \BB288F5F- O5CD- 4C6A -AODF- 7DF2EOD539A1\ PDFCONVERT.5342.1.HACK_REHABS_- HOME.DOC April 14, 2016 -- Page 11 of 17 Pages-- 05104116 CC A EN A PAGE 185 5.3.7.10. HACK shall encourage subcontracting to enroll small businesses; 5.3.7.11. HACK shall place small purchases (amounts under $25,000) with small businesses whenever appropriate; 5.3.7.12. HACK shall refer small businesses seeking federal contracts, but lacking qualifications as contractors, to CITY and the Small Business Administration for assistance as may be appropriate; 5.3.7.13. HACK shall refer offers from small business concerns otherwise qualified, to perform specific federal contracts but ineligible under Walsh - Healey Public Contract Acts, to City and Small Business Administration for possible certification of eligibility to receive and perform the contract; 5.3.7.14. To the extent practicable, HACK shall place work to be performed, which exceeds the maximum amount of any contract for which a surety may be guaranteed against loss, so that more than one small- business concern may perform the work; 5.3.7.15. The Small Business Administration may certify a small business, otherwise qualified to receive and perform specific federal contracts but determined to be nonresponsible, to be competent under the provisions of the Small Business Act. 5.3.8. Disclosure Requirements. HACK shall comply with the disclosure requirements and prohibitions of 31 U.S.C. 1352 and implementing regulations at 24 CFR 87. 5.3.9. Debarred, Suspended or Ineligible Contractors. Assistance provided under this Agreement shall not be used directly or indirectly to employ, award contracts, or otherwise engage the services of, or fund any contract or subrecipient during any period of debarment, suspension, or placement in ineligibility status under the provisions of 24 CFR Part 24. 5.3.10. Drug -Free Workplace. HACK shall comply with the Drug -Free Workplace Act of 1988 and the implementing regulations at 24 CFR 24. 5.3.11. Use of Grant Funds for Religious Purpose. HACK shall permit no HOME Program funds to be expended for the design, construction, operation, or maintenance of any facility to be used for sectarian instruction or as a place for religious worship, except in situations where such use is incidental and does not favor one religious group over another. 5.3.12. Prohibited Interest of Officials and Employees. No member of or delegate to the Congress of the United States, and no resident commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from it. No member, officer or employee of HACK, or its designees or agents, no member of CITY's Council or any other public official who exercises any functions or responsibilities with C: \PROGRAM FILES ( X86 ) \NEEVIA.COM \DOCCONVERTERPRO\ TEMP \NVDC \BB288F5F- O5CD- 4C6A -AODF- 7DF2EOD539A1\ PDFCONVERT.5342.1.HACK_REHABS_- HOME.DOC April 14, 2016 -- Page 12 of 17 Pages-- 05104116 CC A EN A PAGE 186 respect to the HOME Program during his tenure, or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed pursuant to this Agreement. 5.3.13. Political Activity. HACK shall expend no Grant funds to finance any political activity in contravention of the Hatch Act (Chapter 15 of Title 5 of the United States Code). 5.3.14. Lobbying. HACK certifies, to the best of its knowledge and belief, no Federally- appropriated funds have been paid or will be paid, by or on behalf of HACK, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If funds, other than Federally- appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, HACK shall complete and submit, in accordance with its instruction, Certification Regarding Lobbying, (Exhibit "C "). 5.4. Environmental Conditions. 5.4.1. Environmental Considerations. CITY and HACK want to assure that the policies of the National Environmental Policy Act of 1969 (NEPA), as amended, and the California Environmental Quality Act of 1970 (CEQA), as amended, are most effectively implemented, CITY shall comply with HUD Environmental Review Procedures (24 CFR Part 58) leading to certification of release of funds for particular projects, and the CEQA review procedures (Title 14, Section 15000 et. seq. of the California Administrative Code) in connection with this Project. 5.4.2. Clean Air and Water Acts. This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 7401 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., Executive Order 11738, dated September 10, 1973, and the regulations of the Environmental Protection Agency at 40 CFR Part 15, as amended. 5.4.2.1. HACK shall cause or require to be inserted in full in all contracts and subcontracts with respect to any nonexempt (exceed $100,000, or involve a facility the subject of a conviction under the Clean Air Act, or the Federal Waste Pollution Control Act, and listed by the Environmental Protection Agency, or not otherwise exempt) transaction, the clause set out in 48 CFR 52.223 -2. 5.4.2.2. HACK shall also cause or require to be inserted in full, the certification set forth in 48 CFR 52.223 -1, in each solicitation and resulting contract and contracts it awards without a solicitation. C: \PROGRAM FILES ( X86 ) \NEEVIA.COM \DOCCONVERTERPRO\ TEMP \NVDC \BB288F5F- O5CD- 4C6A -AODF- 7DF2EOD539A1\ PDFCONVERT.5342.1.HACK_REHABS_- HOME.DOC April 14, 2016 -- Page 13 of 17 Pages-- 05104116 CC A EN A PAGE 187 5.4.2.3. HACK shall not use any funds under this Agreement for a facility which has a conviction under Section 113(c)(1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act. 5.5. Other Conditions. 5.5.1. Relocation Assistance and Acquisition Policies. This Agreement is subject to the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4601), and the HUD implementing regulations. 5.5.2. Architectural Barriers Act of 1968. This Agreement is subject to the requirements of the Architectural Barriers Act of 1968, as amended (42 USC 4151, et. seq.) and its regulations (41 CFR Subpart 101 - 19.6). 5.5.3. Historic Preservation. HACK shall take into account the effect of the Project on any HACK, site, building, structure or object listed in or found by the Secretary of Interior, pursuant to 36 CFR 800, to be eligible for inclusion by the National Park Service. HACK shall eliminate or minimize any adverse impact on a historic property. Activities affecting such properties must comply with Section 106 of the National Historic Preservation Act of 1966 (16 USC 470f), P.L. 89 -665, Executive Order 11593, May 13, 1971, the Preservation of Archaeological and Historical Data Act of 1960 (16 USC 469a -1, et. seq.), the Archaeological and Historic Preservation Act of 1974 (P.L. 93 -291), and their implementing regulations. 5.5.4. Lead -Based Paint. This Agreement is subject to the Lead -Based Paint Poisoning Prevention Act (42 USC 4821, et. seq.) and its implementing regulations at 24 CFR Part 35. 5.5.5. Subcontracts. HACK shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent of CITY prior to the execution of such contract. "Subcontract" is any contract underwhich the contractor is paid with funds HACK receives pursuant to this Agreement. 5.5.5.1. HACK will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow -up actions taken to correct areas of noncompliance. 5.5.5.2. HACK shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 5.5.5.3. HACK agrees that assistance provided under this Agreement shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund any contractor during any period of debarment, suspension, or placement in ineligibility status under the provisions of 24 CFR Part 24. C: \PROGRAM FILES ( X86 ) \NEEVIA.COM \DOCCONVERTERPRO\ TEMP \NVDC \BB288F5F- O5CD- 4C6A -AODF- 7DF2EOD539A1\ PDFCONVERT.5342.1.HACK_REHABS_- HOME.DOC April 14, 2016 -- Page 14 of 17 Pages-- 05104116 CC A GENDA PA GE 188 5.5.5.4. HACK shall undertake to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to CITY along with documentation concerning the selection process. 6. CITY's OBLIGATIONS. 6.1. Copy of Regulations and Statutes. CITY will make available to HACK a copy of any regulation CITY enacts to facilitate administration of said Program. 6.2. List of Minority -Owned Businesses. CITY agrees to make available to HACK, upon its request, a copy of the notice and addressee list HACK may use in soliciting minority -, small -, and local- business participation in the Activity. 7. DEFAULTS, REMEDIES AND TERMINATION 7.1. Defaults. Subject to the extensions of time for construction pursuant to the terms set forth in the Schedule of Performance, or otherwise pursuant to this Agreement, failure or delay by either party to perform any material tem or provision of this Agreement constitutes an event of default under this Agreement. Except as may be otherwise provided herein, the party who so fails or delays must, upon discovering or receiving notice of such event of default, immediately commence to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy with reasonable diligence. If HACK is not in full compliance with the terms of this Agreement at any time during the term of this Agreement after CITY has commenced to disburse Loan funds, CITY shall notify HACK of such noncompliance and HACK shall have sixty (60) days to cure provided however that if such default cannot reasonably be cured in such sixty (60) days period, HACK shall have such further time as necessary to cure such default provided that HACK commences the cure of same within such sixty (60) day period and thereafter diligently pursues cure of same. If HACK fails to cure the noncompliance, in addition to the other rights and remedies permitted by the Loan documents or applicable law, CITY may proceed with any or all of the following remedies in any order or combination the CITY may choose in its sole discretion: 7.1.1. Terminate this Agreement, in which event the entire principal amount outstanding, as well as any other monies advanced to HACK by CITY under the Loan documents including administrative costs, shall immediately become due and payable at the option of CITY; and 7.1.2. Bring an action in equitable relief (1) seeking the specific performance by HACK of the terms and conditions of the Loan documents, and /or (2) enjoining, abating, or preventing any violation of said terms and conditions, and /or (3) seeking declaratory relief. 7.1.3. The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured party. Additionally, CITY shall notify HACK's partners of any default by HACK. Except as required to protect against further damages, and except as otherwise expressly provided in this Agreement, the C: \PROGRAM FILES ( X86 ) \NEEVIA.COM \DOCCONVERTERPRO\ TEMP \NVDC \BB288F5F- O5CD- 4C6A -AODF- 7DF2EOD539A1\ PDFCONVERT.5342.1.HACK_REHABS_- HOME.DOC April 14, 2016 -- Page 15 of 17 Pages-- 05104116 CC AGENDA PAGE 189 injured party many not institute proceedings against the party in default, nor shall the injured party be able to enforce any remedies or penalties provided hereunder, until sixty (60) days after giving such notice and only in the event such event of default is not cured as set forth in Section 7.1. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. 7.1.4. Except as otherwise expressly proved in this Agreement, any failures or delays by either party in asserting any of its rights or remedies as to any event of default shall not operate as a waiver of any default or any such rights or remedies. Delays by either party in asserting any of its rights and remedies shall not deprive either party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 7.1.5. Upon the occurrence of an event of default, and subject to Section 4 hereof, the defaulting party shall be liable to the non - defaulting party for damages caused by such default. Nothing in this Agreement precludes the instigation of an action for specific performance of the terms of this Agreement. CITY hereby agrees that any cure of any default that is made or tendered by the investor limited partner of the HACK shall be deemed to be a cure by HACK and shall be accepted or rejected on the same basis as if made or tendered by HACK. 7.2. Limited Recourse. The Loans and obligations set forth in the loan documents are limited recourse obligations of HACK, its officers, employees, partners or agents. Neither HACK nor any other party shall have any personal liability for repayment of the Loans, except for losses or damages relating to (a) fraud or willful misrepresentation and (b) failure to deliver any insurance or condemnation proceeds received by HACK to CITY or to otherwise apply such sums as required under the Deed of Trust to the extent of the insurance or condemnation proceeds not delivered. Except as other provided herein, the sole recourse of CITY for repayment of the principal and interest shall be the exercise of CITY's rights against the Project Property and Complex. 8. MISCELLANEOUS. a. 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. b. Binding Effect. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. c. Merger and Modification. This Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the CITY Council and signed by all the parties. C: \PROGRAM FILES ( X86 ) \NEEVIA.COM \DOCCONVERTERPRO\ TEMP \NVDC \BB288F5F- O5CD- 4C6A -AODF- 7DF2EOD539A1\ PDFCONVERT.5342.1.HACK_REHABS_- HOME.DOC April 14, 2016 -- Page 16 of 17 Pages-- 05104116 CC A GENDA PA GE 190 d. 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. e. 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 a court of law in Kern County, California. 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: If directed to CITY, addressed to: City Clerk City of Bakersfield 1600 Truxtun Ave. Bakersfield, CA 93301 If directed to HACK, addressed to: Executive Director Housing Authority of the County of Kern 601 24t Street Bakersfield, CA 93301 g. 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. This Agreement shall remain in effect until the Period of Affordability has expired. h. Assignment. Neither this Agreement, nor any interest in it, may be assigned or transferred by any party without the prior written consent of all the parties. Any such assignment will be subject to such terms and conditions as CITY may choose to impose. Permitted Assignments and Transfers. Notwithstanding any other provision of this Agreement to the contrary, City approval of an assignment or transfer of this Agreement or conveyance of the Project or any part thereof shall not be required in connection with any of the following (the "Permitted Transfers ") - C: \PROGRAM FILES ( X86 ) \NEEVIA.COM \DOCCONVERTERPRO\ TEMP \NVDC \BB288F5F- O5CD- 4C6A -AODF- 7DF2EOD539A1\ PDFCONVERT.5342.1.HACK_REHABS_- HOME.DOC April 14, 2016 -- Page 17 of 17 Pages— 05104116 CC A GENDA PA GE 191 i. A conveyance of a security interest in the Property in connection with any senior loan and any transfer of title by foreclosure, deed or other conveyance in lieu of foreclosure in connection therewith. j. Negation of Partnership. CITY shall not become or be deemed a partner or joint venturer with HACK or associate in any such relationship with HACK by reason of the provisions of this Agreement. HACK shall not for any purpose be considered an agent, officer or employee of CITY. k. Subordination Of Affordability Restrictions. CITY finds that an economically feasible methods of financing for the construction and operation of the Project, without the subordination of the affordable housing covenants as may be set forth in this Agreement and the Regulatory Agreement, is not reasonably available. The CITY shall make the affordable housing covenants set forth in this Agreement and the Regulatory Agreement junior and subordinate to the deeds of trust and other documents required in connection with the construction and permanent financing for the Project approved by the CITY. Any subordination agreement entered into by the CITY shall contain written commitments which the CITY finds are reasonably designed to protect Agency's investment in the event of default under such senior financing. j. Tax Numbers. "HACK's" Federal Tax Identification No. 95- 6001629. "HACK" is a public body, corporate and politic Yes X No (Please check one.) k. Term and Termination. This Agreement shall terminate eighteen (18) months from the date of approval by CITY unless terminated sooner, notwithstanding that HACK may not have drawn down all funding granted hereunder. This Agreement may be terminated by any party upon thirty (30) days written notice, served by mail or personal service, to all other parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first -above written. "CITY" "HACK" CITY OF BAKERSFIELD HOUSING AUTHORITY OF THE HARVEY L. HALL Mayor COUNTY OF KERN By: STEPHEN M. PELZ Executive Director C: \PROGRAM FILES ( X86 ) \NEEVIA.COM \DOCCONVERTERPRO\ TEMP \NVDC \BB288F5F- O5CD- 4C6A -AODF- 7DF2EOD539A1\ PDFCONVERT.5342.1.HACK_REHABS_- HOME.DOC April 14, 2016 -- Page 18 of 17 Pages-- 05104116 CC A GENDA PA GE 192 APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney la JOSHUA RUDNICK Deputy City Attorney I I Insurance: APPROVED AS TO CONTENT: COMMUNITY DEVELOPMENT DEPARTMENT DOUGLAS N. MC ISAAC Community Development Director COUNTERSIGNED: la NELSON K. SMITH Finance Director C: \PROGRAM FILES ( X86 ) \NEEVIA.COM \DOCCONVERTERPRO\ TEMP \NVDC \BB288F5F- O5CD- 4C6A -AODF- 7DF2EOD539A1\ PDFCONVERT.5342.1.HACK_REHABS_- HOME.DOC April 14, 2016 -- Page 19 of 17 Pages— 05104116 CC A GENDA PA GE 193 SCHEDULE "A" HOME Program Multifamily Affordable Housing Purpose Housing Authority of the County of Kern (HACK) is requesting financial assistance to pay for significant rehabilitation on a converted HUD Section 236 project and another multifamily property. The projects are known as the Villa San Dimas and 1420 Monterey. No major rehabilitations have taken place on the properties since the purchase, although the owners performed maintenance and minor rehabilitation activities on the properties since their purchase. The rehabilitation items pursuant to this agreement would be minor and moderate in nature and would be consistent with the High priority need for rental rehabilitation as outlined in the ConPlan 2020. Description The Housing Authority of the County of Kern was established in 1940. Their purpose is to develop, acquire, operate and maintain affordable housing through programs. In order to preserve its affordable housing, HACK will modernize two (2) existing affordable apartments, Villa San Dimas and 1420 Monterey. Villa San Dimas, located at 601 36th Street is a 20 -unit affordable apartment complex which has experienced significant deferred maintenance over the years. HACK proposes to invest approximately $60,000 per unit for modernization. 1420 Monterey, a 16 -unit apartment complex, will have approximately $20,000 per unit invested for modernization. Rehabilitation: Pursuant to Section 4.4 of this agreement, HACK shall submit in writing all rehabilitation activities that will take place at the project properties prior to any work commencing. All rehabilitation activities must be in accordance with HUD guidelines at 24 CFR 92.206. Any rehabilitation costs incurred by HACK that do not meet HUD guidelines are not eligible for reimbursement by CITY HOME funds. In addition to the work that has already been completed by HACK, they will provide contract administration, construction management and post construction monitoring as well as additional monetary and administrative support as necessary throughout the rehabilitation process. Permanent or temporary relocation is not anticipated during the rehabilitation process. Reporting: HACK would be responsible for complying with all HOME regulations and ensuring that the HOME assisted units remain affordable (per HUD guidelines at 24 CFR Part 92.251) for a period of fifteen (15) years from the date of the Notice of Completion. To ensure compliance, the City will monitor HACK's program on a yearly basis. HACK will submit yearly reports each January 1 st to the City to ensure that each housing unit is being utilized, and occupied, for an affordable housing recipient. The information required by the City in these reports will be given to HACK within 60 days of Council approval. C: \PROGRAM FILES ( X86 ) \NEEVIA.COM \DOCCONVERTERPRO\ TEMP \NVDC \BB288F5F- O5CD- 4C6A -AODF- 7DF2E0D539A1 \ PDFCONVERT .5342.1. HACK-RE HABS_ -_H OM E.DOCSA- 1 April 14, 2016 05104116 CC AGENDA PA GE 194 Estimated Time Frame Activity Estimated Completion City Council Approval June 2016 Contract Award to General Contractor August 2016 Begin modernization September 2016 Complete modernization April 2017 100% of HOME funds expended May 2017 Cost Estimate The total amount of City Loan funds payable to HACK shall not exceed ONE MILLION FIVE HUNDRED THOUSAND AND 00/100 ($1,500,000.00). Estimation of total costs is listed below: Use City HOME Loan $1,500,000 Permanent Loan $203,000 Existing loan assumption $457,000 Seller Carr back Loan $168,000 Owner Equity $277,000 Project Reserves $69,000 Total Financing Summary $2,674,000 C: \PROGRAM FILES ( X86 ) \NEEVIA.COM \DOCCONVERTERPRO\ TEMP \NVDC \BB288F5F- O5CD- 4C6A -AODF- 7DF2EOD539A1 \PDFCONVERT. 5342 .1.HACK_REHABS_ - HOME.DOCSA -2 April 14, 2016 05104116 CC AGENDA PAGE 19.E (Date) PARTIES Exhibit "A" PROMISSORY NOTE (With Interest) Property located at (legal description attached hereto) Bakersfield, California ( "the Property ") "Borrower" means HOUSING AUTHORITY OF THE COUNTY OF KERN, a public body, corporate and politic, authorized to do business in the State of California. "Lender" means THE CITY OF BAKERSFIELD, and its successors and assigns. 2. BORROWER'S PROMISE TO PAY In return for a loan received from Lender, Infrastructure Improvements provided by the Lender, and A &E Expenses incurred by Lender, Borrower promises to pay the sum of ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000.00) (this amount is called "principal "), with interest, to the order of the Lender. The Lender is the CITY OF BAKERSFIELD. 3. INTEREST Interest shall accrue at a rate of three percent (3 %) per annum. Payment of principal and accrued interest will be due and payable the first day of each April, following Project Completion, or as otherwise required in Agreement No. The first payment is anticipated to be due April 1, 2018. 4. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a deed of trust that is dated the same date as this Note and called the "Security Instrument." That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. This Note is a uniform instrument with limited variations in some jurisdictions. The Security Instrument describes how and underwhat conditions Borrower may be required to make immediate payment in full of all amounts owed under this Note. Some of those conditions are described as follows: 0x/04/16 CC A GENDA PA GE 196 (a) Borrowers compliance; Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in the Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation orforfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over the Security instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall be payable upon notice from Lender to Borrower requesting payment. (b) Default. Lender may, require immediate payment in full of all sums due under this Note if- (i) Borrower defaults by failing, for a period of thirty days, to perform any obligations contained in the Security Instrument. (ii) Borrower defaults by failing, for a period of thirty days, to perform any obligations contained in City of Bakersfield Agreement and any amendments thereto. (c) Transfer of the Property or a Beneficial Interest in Borrower. Except for Permitted Transfers,if all or any part of the Property or any interest in it is sold or transferred to an entity of which Borrower is not a partner, Lender may, at its option, require immediate payment of this Note. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of the Security Instrument. If the Lender has required Borrower to pay immediately in full as described above, the Lender will have the right to be paid back by Borrower for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. (d) The Note is evidence of the loan made pursuant to City of Bakersfield Agreement No. 2 05104116 CC A GENDA PA GE 197 5. MANNER OF PAYMENT The Borrower agrees to pay the entire unpaid principal amount advanced under the Loan Documents and this Note, together with all accrued but unpaid interest thereon, on the earlier of fifty -five (55) years from the date first set forth above (the "Maturity Date "), or upon sale or transfer of the Property without the consent of Lender unless demanded earlier pursuant hereto. Payments shall be made in accordance with the terms of City of Bakersfield Agreement No. 6. BORROWER'S RIGHT TO PREPAY Borrower has the right to make payments of principal at any time before the Maturity Date. Provided, however, that Borrower acknowledges that prepayment of this Note does not affect Borrower's obligation under the Regulatory Agreement and affordability covenants, which shall remain for a period of fifteen (15) years from Project Completion. Borrower may make a full prepayment or partial prepayments without paying any prepayment charge. Lender will use all prepayments to reduce the amount of principal that is owed under this Note. If Borrower makes a partial prepayment, there will be no changes in the Maturity Date unless the Lender agrees in writing to those changes. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the following address: 601 24th Street, Bakersfield, California 93301. Any notice that must be given to the Lender under this Note will be given by mailing it by first class mail to 1600 Truxtun Avenue, Bakersfield, CA 93301 or a different address if Borrower is given a notice of that different address. 8. OBLIGATIONS OF BORROWER UNDER THIS NOTE The Borrower is fully obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. 3 05104116 CC A EN A PAGE 198 9. NONRECOURSE The obligations set forth herein are nonrecourse obligations of Borrower, its officers, employees, partners or agents. Neither Borrower nor any other party shall have any personal liability for repayment of the loan. The sole recourse of CITY for repayment of the principal and interest shall be the exercise of CITY's rights against the Project Property as that term is defined in Agreement No. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. Borrower 0 05104116 CC A GENDA PA GE 199 RECORDING REQUESTED BY, AND WHEN RECORDED, RETURN TO: City Clerk City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 Free Recording in Accordance With Section 6103 of the California Government Code HACK DEED OF TRUST This Deed of Trust, made this day of , 2016 between HOUSING AUTHORITY OF THE COUNTY OF KERN, a public body, corporate and politic, herein called TRUSTOR, whose address is 601 24TH Street, Suite B, Bakersfield, California 93301, , a California corporation, herein called TRUSTEE, and CITY OF BAKERSFIELD, a Municipal corporation herein called BENEFICIARY. Witnesseth: That Trustor irrevocably GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST WITH POWER OF SALE, that real property in the City of Bakersfield, County of Kern, State of California, described as: SEE ATTACHED LEGAL DESCRIPTION TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority given to and conferred upon Beneficiary by Paragraph 5 of Part B of the provisions incorporated herein by reference to collect and apply such rents, issues and profits, FOR THE PURPOSE OF SECURING the sum of ONE HUNDRED FIVE THOUSAND AND NO /100 DOLLARS ($1,500,000.00), to Trustor, as provided in City of Bakersfield Agreement No. , in sub - paragraph 3A, executed by Trustor on or about , 2016, any additional sums which may hereafter be granted to the Trustor or his successors or assigns by the Beneficiary, and securing the performance of each obligation contained in CITY of Bakersfield Agreement No. and herein 05104116 CC AGENDA PAGE 200 contained. Additional grants hereafter made shall be secured by this Deed of Trust only if made to the Trustor while he is the owner of record of his present interest in said property, or to his successors or assigns while they are the owners of record thereof, and shall be evidenced by an amendment to Agreement No. in writing reciting that it is secured by this Deed of Trust. BY THE EXECUTION AND DELIVERY OF THIS DEED OF TRUST the parties hereto agree as follows: A. To protect the Security of this Deed of Trust, Trustor agrees: 1. To keep said property in good condition and repair; not to remove or demolish any buildings thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. 2. To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any obligation secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 3. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary, or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed. 4. To pay, at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; when due, all incumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Trust. 2 05104116 CC A GENDA PA GE 201 5. To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to the provisions hereof. 6. Should Trustor fail to make payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may; make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any incumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. B. It is mutually agreed that- 1 . Any award of damages in connection with any such taking or condemnation, or for injury to the property by reason of public use, or for damages for private trespass or injury thereto, is assigned and shall be paid to Beneficiary as further security for all obligations secured hereby (reserving unto the Trustor, however, the right to sue therefor and the ownership thereof subject to this deed of trust), and upon receipt of such moneys Beneficiary may hold the same as such further security, or apply or release the same in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. 2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. 3. At any time or from time to time, and without notice, upon written request of Beneficiary and presentation of this Deed of Trust, and without liability therefor, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, and without affecting the security hereof for the full amount secured hereby on all property remaining subject hereto, and without the necessity that any sum representing the value or any portion thereof of the property affected by the Trustee's action be credited on the indebtedness, the Trustee may: (i) reconvey all or any part of said property; (ii) consent to the making and recording, or either, of any map or plat of the property or any part thereof; (iii) join in granting any easement thereon; (d) join in or consent to any extension agreement or any agreement subordinating the lien, encumbrance or charge hereof. 3 05104116 CC A GENDA PA GE 202 4. Upon written request of the Beneficiary, and upon surrender of this Deed of Trust to the Trustee for reconveyance, and upon payment of its fees and charges, the Trustee shall reconvey, without warranty, the property then subject hereto. Any reconveyance, whether full or partial may be made in terms to "the person or persons legally entitled thereto." 5. As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may ant any time without notice, either in person, by agent or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 6. Upon failure, breach, or default of Trustor in performing any obligation contained in CITY of Bakersfield Agreement No. secured hereby or in the performance of any agreement hereunder, repayment of the Amount of HOME funds granted to Trustor pursuant to the terms of CITY of Bakersfield Agreement No. shall immediately become due and payable at the option of Beneficiary after notice to the Trustor as provided in the Agreement. In such event and upon written request of Beneficiary, the Trustee shall sell, for lawful money of the United States, the property then subject to this deed of trust, as a whole or in separate parcels, at Beneficiary's option, in accordance with the provisions of the laws of the State of California in force at the time of such sale, and if in separate parcels, in such order as Beneficiary may direct, at public auction to the highest bidder for cash in lawful money of the United States, payable at the time of sale. Trustee may postpone the sale of all or any portion of said property by public oral announcement at the time and place of sale, and from time to time thereafter may postpone such sale by public oral announcement at the time fixed by the preceding postponement. After deducting all costs, fees and expenses of Trustee and of this trust, including cost of evidence of title and reasonable counsel fees in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at seven per cent per annum; the Amount then secured hereby, and the remainder, if any, to the person or persons legally entitled hereto. 0 05104116 CC A GENDA PA GE 203 7. This Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term Beneficiary shall mean CITY OF BAKERSFIELD, a Municipal corporation, a party to Agreement No. or its assignee secured hereby, whether or not named as a beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and /or neuter, and the singular number includes the plural. 8. Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. 9. Beneficiary may from time to time, by a writing signed and acknowledged by Beneficiary and recorded in the office of the County Recorder of the County or respective Counties in which the property subject hereto is, or the respective parcels thereof are, situated, appoint another trustee in place and stead of Trustee herein named, and thereupon the Trustee herein named shall be discharged and the trustee so appointed shall be substituted as Trustee hereunder with the same force and effect as if originally named Trustee herein. 10. No power or remedy herein conferred is exclusive of, or shall prejudice any other power or remedy of the Trustee or beneficiary given by law. Each such power or remedy may be exercised from time to time as often ad deemed necessary. 11. The recitals contained in any reconveyance, trustee's deed, or any other instrument executed by the Trustee from time to time under the authority hereof or in the exercise of its powers or the performance of its duties under this deed of trust, shall be conclusive evidence of their truth, and binding and conclusive upon the Trustor, his heirs, executors, administrators, successors and assigns, and all other persons; whether stated as specific and particular facts, or in general statements or conclusions. 12. If any action be brought for the foreclosure of this deed of trust, Trustor agrees to pay to Beneficiary or Trustee (whichever may be the plaintiff in the foreclosure action), such reasonable sum as counsel fees as the Court may fix and award in such action, together with a reasonable fee to the Trustee, to be fixed by the Court, and all sums paid or incurred for procuring a search or searches of title to any property covered hereby subsequent to the execution hereof; and all such sums shall be secured hereby. 13. If two or more persons be designated as Trustee herein, any, or all, power granted herein to Trustee may be exercised by any of such persons, if the other person or 5 05104116 CC AGENDA PA GE 204 persons are unable, for any reason, to act and any recital of such inability in any instrument executed by any of such persons shall be conclusive against Trustor, his heirs and assigns. 14. The Beneficiary hereunder shall be entitled to a fee for any statement, regarding the obligation, requested by the Trustor or requested at Trustor's direction which fee shall not exceed the amount provided for in Civil Code Section 2954 at the date of such request. THE UNDERSIGNED TRUSTOR REQUESTS THAT A COPY OF ANY NOTICE OF DEFAULT AND OF ANY NOTICE OF SALE HEREUNDER BE MAILED TO HIM AT THIS ADDRESS HEREINBEFORE SET FORTH. Signature of Trustor STEPHEN M. PELZ Executive Director NOTARY SEAL 0 05104116 CC A GENDA PA GE 205 LEGAL DESCRIPTION: 0x/04/16 CC A EN A PAGE 206 EXHIBIT "B" RECORDING REQUESTED BY, AND WHEN RECORDED, RETURN TO: City of Bakersfield City Clerk 1600 Truxtun Avenue Bakersfield, CA 93301 Free Recording in Accordance With Section 6103 of the California Government Code DECLARATION OF RESTRICTIONS RECITALS This Declaration of Restrictions is made as of this day of 2016, by the HOUSING AUTHORITY OF THE COUNTY OF KERN, (hereinafter called "HACK "). This Declaration is an exhibit to that certain "HOME Investment Partnerships Program" agreement between HACK and the CITY OF BAKERSFIELD, a charter city and municipal corporation. Said agreement is Agreement No. in the files of City's Clerk. This Declaration of Restrictions affects those certain lands (hereinafter called "said lands ") in said City, Kern County, California, having the following legal description: SEE ATTACHED LEGAL DESCRIPTION This Declaration of Restrictions shall be, and is intended to be effective for a period of fifteen (15) years from the date of completion of the Project which is being rehabilitated on said lands. After such time, these restrictions on said land shall expire and become extinguished. NOW, THEREFORE, for value received, HACK on behalf of itself and its successors and assigns, hereby declares and adopts the following restrictions as to said land, for the benefit of said land, and acknowledge and assert that said restrictions touch and concern said land: 0x/04/16 CC A EN A PAGE 207 Section 1. Definitions (a) For purposes of this Declaration, the "Kern county median income" shall be determined pursuant to the regulations published by the United States Department of Housing and Urban Development ( "HUD ") or its successor. (b) For purposes of this Declaration, the term "affordable rent level" means rent (including utility allowance) equal to 30% of household income. Utility allowance shall be in accordance with those utility allowances published by HUD for the Section 8 program adjusted by number of bedrooms. (c) For the purposes of this Declaration, "household income" means the current adjusted gross income, as calculated for federal income tax purposes, of the household and includes the adjusted gross income (similarly calculated) of all persons 18 years of age or older who reside permanently within the household. Section 2. Residential Rental Property HACK agrees said land is to be owned, managed and operated as a project for residential rental property. Except as expressly provided in this Declaration, the private living quarters ( "units ") described in Section 4 below shall be continuously occupied, or held vacant and available for occupancy, by tenants at the rental levels and with the incomes set forth in Section 4 (Rental Restrictions). Section 3. Record Keeping HACK shall obtain, complete, and maintain on file, an "income certification," dated immediately before each tenant's initial occupancy. HACK shall verify the income certification data the applicants provide is accurate. HACK must certify tenants before they move in and must recertify them each year thereafter. HACK shall maintain complete and accurate records pertaining to the restricted units, and shall permit any authorized City representative to inspect HACK's books and records including, but not limited to, those records pertaining to the occupancy of the units. Section 4. Rental Restrictions A. HACK agrees that the units on said lands shall be restricted as follows. Rent Levels: A. HACK shall offer 11 of the 36 units at rental levels HUD establishes as "affordable" only to persons with household incomes not exceeding 50% of the median income. K 05104116 CC A GENDA PA GE 2 $ f� #M. r�aT•7C11111 • • M1- a. HACK shall offer 11 of the 36 units at rental levels HUD establishes as "affordable" only to persons with household incomes not exceeding 50% of the median income. Section 5. Sale or Transfer of the Property HACK shall not sell, transfer, or otherwise dispose of said land, or any portion of it, or any interest in it without the prior written consent of the City of Bakersfield ( "City "). City will not, however, unreasonably withhold consent to sell or transfer. Section 6. Independent and Severable Provisions If a court of competent jurisdiction should hold any part of this Declaration to be unenforceable or invalid, such holding shall not render any other part unenforceable or invalid. Each part of this Declaration is severable and independently enforceable to the fullest extent permitted by law. Section 7. Nondiscrimination. HACK covenants and agrees for itself, its successors, its assigns and every successor in interest to said lands, or any parts thereof, or to any other right in said lands, there shall be no discrimination against or segregation of any person, or group of persons, on account of sex, race, color, marital status, creed, religion, national origin or ancestry in the lease, sublease, transfer, use occupancy, tenure or enjoyment of said, nor shall HACK itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sub - lessees or vendees of said lands. The foregoing covenant shall run with the lands. HACK will not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, national origin, ancestry or marital status. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; solicitations or advertisements for employees; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. HACK agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this nondiscrimination clause. HACK covenants and agrees for itself, its successors, its assigns and every successor in interest that it shall devote said lands to the uses specified in Agreement No. and any amendments thereto, for the periods of time specified herein. 91 05104116 CC A EN A PAGE 209 HACK shall maintain the improvements, the parking facilities and landscaping in a good condition and shall keep the Properties (as defined in Agreement No. ) free from any accumulation of debris or waste materials prior to and after construction. HACK shall also maintain the landscaping required to be planted, if any, in a healthy condition. HOUSING AUTHORITY OF THE COUNTY OF KERN. STEPHEN M. PELZ Executive Director ATTEST M 05104116 CC A EN A PAGE 21 LEGAL DESCRIPTION 05104116 CC A GENDA PA GE 211 EXHIBIT "C" CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontractors, sub - grants, and contracts under grants, loans, and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Date Stephen M. Pelz, Executive Director 05104116 CC A EN A PAGE 212 ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Consent - Agreements k. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/12/2016 iTiff-11 1.1 SUBJECT: Final Map for Tract 6297 Phase 5, located north of Redbank Road between S. Oswell Street and S. Sterling Road. STAFF RECOMMENDATION: Staff Recommends approval of map. BACKGROUND: The Public Works Department has completed the review of the final tract map submitted by the Developer and is recommending that the City Council approve the map. Typically, the City Council will consider approval of a tract map along with an Improvement Agreement at the same time. An Improvement Agreement is required when the developer elects to record his tract map prior to completing the tract improvements, which is normally the case, and the Agreement provides bonding or other security to ensure that the tract improvements are completed. Occasionally, a developer completes the tract improvements first and then, when recording the map, will be required to enter into a Maintenance Agreement with the City to warranty the improvements for a period of one year after their completion as required by City ordinances. However, in this case, the improvements (which are within a private development) have been constructed and were completed over a year ago; therefore, under City ordinances, neither an Improvement Agreement nor a Maintenance Agreement is required for this tract map. Consequently, staff recommends approval of this tract map without either an Improvement Agreement or a Maintenance Agreement. ATTACHMENTS: Description D 'flrac A 6297 f h . av> I@ ap Type BackU IMateir4� 05104116 CC AGENDA PAGE 213 E m 14 1 N 11 -r 9 ESll-2MSOHilOS ml n 0 3 < 04 co o 9 ESll-2MSOHilOS ml n 0 3 2 M m 05104116 CC AGENDA PAGE 214 uj co 2 M m 05104116 CC AGENDA PAGE 214 ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Consent - Agreements I. TO: Honorable Mayor and City Council FROM: Art Chianello, Water Resources Manager DATE: 4/22/2016 iTiff-11 1.1 SUBJECT: Amendment to Ming Lake Temporary Service Agreement with County of Kern for replenishment of water. STAFF RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: In late 1963, Kern County constructed Ming Lake for recreational purposes. The County requested Pioneer Inc. sell water to the County for Ming Lake replenishment at the rate of six ($6.00) dollars per acre-foot. Both the County and Pioneer, Inc. agreed and formally entered into an agreement in June 1964. The City of Bakersfield inherited the Pioneer obligation under this agreement when the City purchased all Kern River water rights and obligations from Tenneco West, Inc. on December 22, 1976. Since 1976 the City has been delivering this water. The City desires to increase the price from six ($6.00) per acre-foot to a more equitable price of $81.46 per acre-foot adjusted annually based on indicators in the All-Commodities Price Index. The County desires to clarify that the true water demands are closer to 1,300 acre-feet per year and not 790 acre-feet as referenced in the original agreement. In addition, both the City and the County have agreed to participate in future engineering studies and to installing meters to more accurately track the water use. Based on these facts, both the City and County desire to amend this agreement. It is anticipated that the County Board of Supervisors has approved this amendment at their May 2, 2016 Supervisors' meeting. Therefore staff recommends approval of the amendment. ATTACHMENTS: Description Type D Bkie Meirno Cover Meirno D Amendment to IWrig I ake '5eirnpoirairy Servicess /kgireeirneint /kgireeirneint 05104116 CC AGENDA PAGE 215 TO: Hionorable Mayor and City Councilmembers FROM; Art Chianello, Water Resources Manager DATE: May 4, 2016 SUBjECT, Agenda item 8,1 - Amendment to Ming •ke Temporary Service Agreement with County of Kern for repilenishmonf of wcrfer year loy T7e=ifT-71pon Iffre6TTW: almiendment • all approval, \C�c: Alan Tandy, City Manager Virgin[al: Gennaro, City Attorney 05104116 CC A GEN PA GE 216 AMENDMENT TO MING LAKE TEMPORARY SERVICES AGREEMENT THIS AMENDMENT TO the MING LAKE TEMPORARY SERVICES AGREEMENT is made and entered into on by and between the CITY OF BAKERSFIELD, a charter City and municipal corporation, referred to herein as "CITY" or "BAKERSFIELD," and the COUNTY OF KERN, a political subdivision of the State of California, referred to herein as "COUNTY ". RECITALS WHEREAS, Ming Lake is a 104 acre multi -use facility, which is a feature within COUNTY's Kern River County Park located along the Kern River in the northeast Bakersfield area and an amenity to the Kern River Parkway Trails and Bicycle Path system; and WHEREAS, on June 9, 1964, the County and the City's Predecessor in title, Pioneer Canal, Inc., entered into the Ming Lake Temporary Services Agreement, hereinafter sometimes referred to as the "Agreement," whereby COUNTY agreed to purchase water from Pioneer, Canal, Inc., for replenishment of water lost from Ming Lake by seepage and evaporation; and WHEREAS, on April 12, 1976, the CITY entered into Agreement No. 76 -36 with Tenneco West, Inc., the Kern Island Water Company and the Kern River Canal and Irrigating Company, whereby the CITY acquired certain Kern River assets of the other parties and assumed certain rights and obligations of the parties related to the Kern River, including the rights and obligations of Pioneer Canal, Inc., with regard to the Agreement; and WHEREAS, the CITY and the COUNTY desire to amend the Agreement to adjust and update certain provisions of the Agreement, and to add certain provisions to the Agreement. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and COUNTY mutually agree as follows: 1. Paragraph 2 is hereby amended to read as follows: 2. CITY shall sell to COUNTY a water supply from the City's Kern River supply, if available, and COUNTY agrees to buy from CITY, if available, water to replace and replenish water lost from Ming Lake by seepage, evaporation and evapotranspiration. 05104116 CC ACEN A FACE 217 2. Paragraph 3 is hereby amended to read as follows: 3. The price for each acre -foot of water provided to the County and Ming Lake by CITY shall be $81.46 per acre foot based on the quantity of water delivered to and used by COUNTY at or in connection with Ming Lake. The price per acre -foot shall be adjusted annually based upon the US Bureau of Labor Statistics data for the Producer Price Index for All Commodities ( PPIACO) for July of each year. The PPIACO index stood at 194.0 for July 2015. COUNTY shall be notified by CITY as soon as practical after the end of each month as to the net quantity of water delivered to Ming Lake. CITY shall invoice COUNTY after July 1st of each for the net amount of water used the previous 12 months and such invoice shall be payable by COUNTY within 90 days receipt of invoice. 3. Paragraph 4 is hereby amended to read as follows: 4. The quantity of water delivered by CITY to COUNTY pursuant to this agreement shall be calculated based on the inflow amounts from the intake pumps minus the outlet structure return flows back to the Kern River. The parties estimate the Ming Lake facilities will require up to 1,300 (thirteen hundred) acre feet of water per year to meet said evaporation, evapotranspiration and seepage losses. Special circumstances such as draining and refilling of Ming Lake may require additional net water deliveries and CITY and COUNTY agree to accommodate and schedule such activity as far in advance as possible. There shall be no minimum delivery requirement, and the County understands and acknowledges that the City may reduce or suspend deliveries of water pursuant to the Agreement due to environmental, legal, regulatory or water supply limitations. 4. Paragraph 5 is hereby amended to read as follows: 5. Water provided by CITY to COUNTY for Ming Lake shall be delivered to and received by COUNTY at the pumps or intakes on the Kern River channel located near the east end of Ming Lake. An outlet structure at the west end of the lake permits water to return to the Kern River providing a flow through circulation method to assist in maintaining fresh water in the lake. COUNTY shall be responsible for the operation, maintenance, replacement or repairs of intake and outlet facilities. COUNTY and CITY shall agree to the appropriate gauging devices, i.e., meters and methodology in measuring, reporting and accounting of flows under this agreement. 05104116 CC ACEN A FACE 218 5. The following Paragraphs are hereby added to the Agreement: 9. Water provided herein shall only be used to satisfy the evaporation, evapotranspiration and seepage losses of the Ming Lake facility. Any other point of delivery or use shall be by express written consent of CITY prior to any water diverted, delivered or used at points other than Ming Lake. 10. CITY does not represent or guarantee the quality of the water which is subject to this Agreement. COUNTY understands the water specified for delivery under this agreement, as supplied from the Kern River, is untreated, non - potable and unfit for human consumption as delivered. CITY shall not be responsible for the quality of the water delivered to COUNTY in any way or at any time and COUNTY's failure to properly handle and distribute the water for the Ming Lake facility is not the responsibility of CITY. CITY, to the best of its ability and in a timely manner, shall notify COUNTY of any contamination of the water delivered of which CITY has actual knowledge. 11. COUNTY shall allow CITY access to Ming Lake facilities for periodic inspection of intake and outlet facilities and for verification of flow rates. CITY shall notify COUNTY a minimum of 24 hours in advance of any access requirements. 6. Except as amended or added herein, all provisions of the Ming Lake Temporary Services Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to the Ming Lake Temporary Services Agreement to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD HARVEY L. HALL MAYOR "COUNTY" COUNTY OF KERN By: Print Name: Title: Additional signatures on following page 05104116 CC AGENDA FACE 219 APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: Virginia Gennaro City Attorney Insurance: APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT By: ART CHIANELLO , P.E. Water Resources Manager COUNTERSIGNED: NELSON SMITH Finance Director 05104116 CC ACEN A FACE 220 ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Consent - Agreements m. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 4/18/2016 111-11 V 03 SUBJECT: Amendment No. 3 to Agreement No. 13-091 with Safeway Sign Co. ($75,000; revised not to exceed $260,893.40 and extend term one year), to continue the supply of traffic signs. STAFF RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On June 5, 2013, Council approved the Annual Contract for the supply of traffic signs with Safeway Sign Co. n the amount of $110,693.40; renewable annual thereafter for four consecutive on-year periods. On May 7, 2014, Council approved Amendment No. 1 extending the term one year. On April 22, 2015, Council approved Amendment No. 2 extending the term one year and increasing compensation $75,000 to allow for the continued supply of traffic signs. Currently there is $1,000 available on this contract. If approved Amendment No. 3 will add $75,000 for a revised not to exceed amount of $260,693.40 and extend the term one year. Funds are budgeted in the General Service operating budget within the General Fund for this service. Approval of the amendment will allow the City to continue to meet the demand for supply of traffic signs. ATTACHMENTS: Description D Safeway &gin Amendment 3 Type /kgireeirneint 05104116 CC AGENDA PAGE 221 AGREEMENT NO. 13 -091 (3) AMENDMENT NO. [3] TO AGREEMENT NO. 13 -091 THIS AMENDMENT NO. 3 TO AGREEMENT NO. 13 -091 is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY "), and SAFEWAY SIGN COMPANY (referred to herein as "CONTRACTOR "). RECITALS WHEREAS, on the 5th of June 2013, the CITY and CONTRACTOR have entered into Agreement No.13 -091; and WHEREAS, on May 7, 2014, council approved Amendment No. 1 extending the contract term one year; to allow continuance of providing traffic signs; and WHEREAS, on April 22, 2015, council approved Amendment No. 2 extending the contract term one year and increasing compensation $75,000; to allow continuance of providing traffic signs; and WHEREAS, the parties desire to amend Agreement No. 13 -091 to extend the agreement term one year; and increase compensation SEVENTY -FIVE THOUSAND DOLLARS ($75,000); to allow continuance of providing traffic signs; and WHEREAS, CITY and CONTRACTOR have agreed to extend the agreement term one year; and increase compensation SEVENTY -FIVE THOUSAND DOLLARS ($75,000); to allow continuance of providing traffic signs; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 2 of Agreement No. 14 -060 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 TWO HUNDRED SIXTY THOUSAND SIX HUNDRED NINETY -THREE DOLLARS 40 /100's ($260,693.40) in accordance with the bid documents. The compensation set forth in this section shall be the total compensation under -- Page 1 of 3 Pages -- 05104116 CC AGENDA FACE 222 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. 13 -091 entitled "TERM" is hereby amended to read as follows: 12. TERM. Unless terminated sooner as set forth herein, CONTRACTOR shall provide services ending June 4, 2017. 3. Except as amended herein, all provisions of Agreement No. 13 -091 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to Agreement No. 13 -091 to be executed the day and year first above written. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD SAFEWAY SIGN COMPANY By: HARVEY L. HALL Mayor Print Name: Title: APPROVED AS TO CONTENT: FINANCE DEPARTMENT By: SANDRA JIMENEZ Assistant Finance Director -- Page 2 of 3 Pages -- 05104116 CC AGENDA FACE 223 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: -- Page 3 of 3 Pages -- 05104116 CC AGENDA FACE 224 ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Consent - Agreements n. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/19/2016 iTiff-11 1.1 SUBJECT: Contract Change Order Nos. 1, 12, 15, 17, 18, 19, 20 and 21 to Agreement No. 15-094 with Granite Construction Company ($12,683.36; revised not to exceed $22,365,091.36; change orders funded with Federal Earmark Funds {88.53%} and Capital Outlay Utility/Roads Fund {11.47 % }) for the State Route 178 Widening Construction Project (TRIP). Staff recommends approval of Contract Change Orders. BACKGROUND: The SR-178 Widening project consists of widening the existing two lane highway to three lanes in each direction with paved median and shoulders from Canteria Drive to Masterson Street, and to two lanes in each direction with paved median and shoulders from Masterson Street to Miramonte Drive. The project also includes installing traffic signals at the SR-178 intersections with SR-184, and with Masterson Street. Storm drainage improvements and a short section of retaining wall are also included with the project. Change Order No. 1 provides for compensation to the Contractor for building a drainage water diversion structure to allow the extension of the box culvert under SR-178 located near Park Palisades Drive, modifying the wing walls of the box culvert, and removing and replacing unsuitable soil from the channel bottom beneath the box culvert. In order to extend the box culvert under SR -178, which is required for the road widening project, the City had to enter into a Streambed Alteration Agreement with the California Department of Fish and Wildlife (CDFW). This Agreement stated that the channel had to be "relatively dry" before beginning work to extend the culvert. Due to the rains in October and the upstream nuisance water from landscape irrigation that came from the Solera and Tuscany developments, the channel would not dry out naturally by itself; therefore, the City and CDFW agreed to amend the Agreement to allow efforts to dewater the channel by installing a drainage water diversion structure. Neither the dewatering efforts nor the cost to install the diversion structure were originally anticipated, and thus were not part of the project construction contract. Once the channel was dry and the Contractor began to 05104116 CC AGENDA PAGE 225 construct the wing walls for the culvert, a Cal-water pipeline was found to be in conflict (the construction plans showed the pipeline at a deeper depth and not conflicting with the new construction). It was simpler, quicker, and more cost effective to redesign the wing walls than to have Cal-water lower their pipeline. Finally, when the Contractor was preparing the channel bottom in anticipation of casting the base of the box culvert, the soil was found to be unsuitable as it could not be compacted properly. The Contractor had to excavate the unsuitable material until they reached a solid surface, and then fill the excavation with angular rock so that the foundation of the culvert would be stable. The cost for this change order is an increase of $28,491.06. Change Order No. 12 provides for compensation to the Contractor for modifications to the drainage systems along/within SR-184. When installing the inlets in the medians along SR-184, it was found that the specified manhole frames would not fit within the 3-foot wide median, and so they needed to be modified. There were also modifications made to the drainage system in order to avoid a conflict with a Sunesys Fiber Optic line and with the pavement structural section for SR -184. The cost for this change order is an increase of $22,424.39. Change Order No. 15 provides for a credit to the City for replacing cast—in-place concrete junction boxes with precast concrete manholes. The Contractor proposed using precast manholes as part of a Value Engineering Cost Proposal, where the City and the Contractor share the cost savings. The precast manholes were used at 12 different locations within the storm drain system and are less expensive and require less labor to install which resulted in cost savings. The cost for this change order is a decrease of $10,770.87. Change Order No. 17 provides for a credit to the City as a result of shortening the right turn lane from westbound SR-178 to northbound Canteria Drive. When the Contractor was grading the area for the future curb and gutter, they found a recently installed AT&T vault was in conflict with the curb and gutter. Instead of relocating the vault, the Project Designer conferred with Caltrans and it was determined that there would not be any negative impacts to traffic if the right turn lane was shortened. The cost for this change order is a decrease of $16,994.00. Change Order No. 18 provides for compensation to the Contractor for installing temporary power and lighting at the intersections of SR -178 with SR -184, with Valley Street, and with Comanche Drive. With the widening of SR-178, there are overhead PG&E power lines that cross SR-178 that are supported on poles that need to be relocated; however, these lines/poles provide power to street lights at the above-mentioned intersections. Due to safety concerns, Caltrans requires that these street lights stay functional during construction. Therefore, a temporary power system has to be installed to ensure the street lights stay functional while the PG&E poles that are in conflict are relocated. The cost for this change order is an increase of $59,053.23. Change Order No. 19 provides for a credit to the City as a result of eliminating an underground drainage system and replacing it with two surface over-side drains. When preparing to construct Drainage System 8 for the project, it was found that this system would be in conflict with the Joint Utility Trench. The Project Designer proposed two surface over-side drains to be placed in lieu of the underground drainage system, and Caltrans agreed. The cost for this change order is a decrease of $19,228.00. Change Order No. 20 provides for compensation to the Contractor for preparing the pavement base prior to paving the asphalt concrete (AC) overlay. The project plans call for the Contractor 05104116 CC AGENDA PA GE 226 to remove a thickness of 0.7 feet of old asphalt pavement and repave with a new 0.7 feet thick AC overlay. During removal of the old asphalt pavement, it was discovered that at many locations there was not 0.7 feet of existing asphalt pavement. In some areas, there was only 0.5 feet of asphalt pavement which meant that the Contractor had to remove 0.2 feet of dirt in order to get to the specified pavement base grade for the AC overlay; the Contractor then had to re- grade and compact the base before the 0.7 feet AC overlay could be placed. This is considered to be extra work as the plans did not call for, and the Contractor did not anticipate, the additional work needed to prepare the base for paving. The cost for this change order is an estimated increase of $149,707.55, which is anticipated to cover the cost for the extra base preparation work needed for the entire length of the project. Change Order No. 21 provides for a credit to the City due to the fluctuations in the price of oil used in the asphalt concrete paving. Caltrans found that if they require contractors to take all of the risk for potential significant (exceeding 5%) unit price increases for oil while a project is under construction, those contractors when bidding the project would typically bid higher so as to protect themselves against losses from future possible higher oil prices; as a result, Caltrans ended up paying for this potential oil price increase whether it actually occurred or not. Caltrans therefore began using the market price for oil on the day of the bid as the baseline unit price for all bidders; then on days during project construction when paving occurs, the market price for oil for that specific day is used to either increase or decrease the unit cost for the asphalt incorporated into the project for that day (the oil price for that day must differ by more than 5% from the baseline price for this cost correction to be implemented). Based on the asphalt pavement placed to date, the City is being credited $200,000.00 for decreases in oil prices. The net cost for this change order is a decrease of $200,000. The net cost increase of Change Order No. 1, 12, 15, 17, 18, 19, 20 and 21 is $12,683.36. This provides a total cost increase to date of $110,288.26 which is a 0.5% increase as illustrated below: Current Contract Amount = $ 22,254,803.10 Previous Change Orders = $ 97,604.90 Current Change Order - May 4th = $ 12,683.36 Amended Contract Agreement after CCOs = $ 22,365,091.36 Net Increase to date = $ 110,288.26 Adequate funds have been previously budgeted to cover these additional costs. There is no General Fund impact associated with this Change Order. ATTACHMENTS: 05104116 CC A GEN PA GE 227 Description Type D Sri 78 CC01 /kgireeirneint D SR1 78 CC01 2 /kgireeirneint D SR1 78 CC01 5 /kgireeirneint D Sri 78 CC01 7 /kgireeirneint D SR1 78 CC01 (13 /kgireeirneint D SR1 78 CC01 9 /kgireeirneint D Sri 78 CCO 20 /kgireeirneint 05104116 CC A GEN PA GE 227 Sri 'l 78 CCO 21 Agireeirneint 05104116 CC AGENDA PAGE 228 CITY OF BAKERSFIELD Thomas Roads Improvement Program CONTRACT CHANGE ORDER CONTRACT NO. 15 -094 CHANGE ORDER NO. P.O. NO. SHEET 1 of 5 PROJECT: SR -178 Widening NCIIPL - 5109(',114) TRSR37� FEDERAL NO. (S) CONTRACTOR: Granite Construction Company ADDRESS: 3005 James Road In accordance with Section 4 -1.05 "Changes and Extra Work" of the Standard Specifications, the Contractor shall construct the box culvert extension and wing walls for Drainage System No. 36 as shown on Revised Plan Sheets D -10, DP -30, and DD -17 dated 10/30/15 included as sheets 3 through 5 of this Contract Changer Order. Increases in Bid Items at Bid Item Prices: cription I Quanti it UP Percent Extended Cost Percentto crete (lox Culvert) 6 CY $1,000.00 15,4% $6,000.00 Total Increases in Bid Items at Bid Item Prices = $6,000.00 Decreases in Bid Items at Bid Item Prices: Item Description Quanti Unit UP Percent I Extended Cost Percent to 78(F) �Structural Concrete (Headwall) -11 CY $900.00 -8.9% isq,;Joo duo) 1 -8.9% Total Decreases in Bid Items at Bid Item Prices = ($g, 00.00) Extra Work at Agreed Lump Sum (RCB Additional Surveying) In accordance with Section 4 -1.05 "Changes and Extra Work" of the Standard Specifications, the Contractor shall pothole the Cal Water line located in the area of the box culvert extension and provide the GPS elevations to assist in the redesign of the wing walls. For this work, the Contractor shall accept and receive the lump sum amount of $1,423.45. This amount constitutes full and complete compensation for providing all labor, material, equipment, tools and incidentals, including all markups by reason of this change and no additional compensation will be provided. All work shall be in accordance with contract documents. Total Extra Work at Agreed Lump Sum = $1,423.45 continued on page 2 05104116 CC A GENDA PA GE 229 continued from page 1 CONTRACT CHANGE ORDER SHEET CONTRACT NO.. 15 -094 CHANGE ORDER NO. 1 P.O. NO. 2OF5 Extra Work at Agreed Lump Sum (RCB Diversion System) In accordance with Section 4 -1.05 "Changes and Extra Work" of the Standard Specifications, the Contractor shall install, maintain, and remove a clear water diversion system to convey the sustained flows from the existing detention basin at Park Palisades Drive around the box culvert extension work area The diversion system shall comply with the Amendment dated December 29, 2015 to the California Department of Fish and Wildlife Streambed Alteration Agreement Notification No 1600- 2014 - 0089 -R4. For this work, the Contractor shall accept and receive the lump sum amount of $18,268.66. This amount constitutes full and complete compensation for providing all labor, material, equipment, tools and incidentals, including all markups by reason of this change and no additional compensation will be provided. All work shall be in accordance with contract documents. Total Extra Work at Agreed Lump Sum = $18,268.66 Extra Work at Agreed Lump Sum (RCB Unsuitable Material) In accordance with Section 19 -1.03B "Unsuitable Material' of the Standard Specifications, the Contractor shall remove the unsuitable material encountered during the box culvert excavation and replace it with 2,5 -inch angular rock, The removal and replacement shall be 2 -feet in thickness. For this work, the Contractor shall accept and receive the lump sum amount of $12,698.95. This amount constitutes full and complete compensation for providing all labor, material, equipment, tools and incidentals, including all markups by reason of this change and no additional compensation will be provided. All work shall be in accordance with contract documents. Total Extra Work at Agreed Lump Sum = $12,698.95 .� ACCOUNT NO (S) 1224021- 825 - _4021 Totallncrease: $28,491.06 _,. 335 - 4021 - 825 -4021 INCREASE $28,491.06 DECREASE By reason of this order the time of City Council Approval Required YES X www-. completion will be adjusted as follows: None NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned: Finance Director Date We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all Inalewulls, e •xc rill as may oflicaww ise he meted above, and rwr'l'inniii all services ncc csmu v lrwr ffic, work aabovc svccified nod xVpll aeccfr,vl as hull tx nwrll t icrObwu' the prices shown dabov(� . Accepted, Date: Title 6VI—. tpleE�..A. 05;1104116 CC AGENDA PAGE 230 _ S M i i i i a r li , M _ o U so— CF'k w �eW 1 �sg6 Z a l[ -0 133HS 33S 3N]"I HS1VW 0 ca ' 7 a M i i i i a r li , M nl �" i i M i i i i a r d� 1 rt co W nl �" i i M i i i i a r h 6 -0 133HS 33S 3N]H HS1VW amo _ yo w - ........... _........___._._. ... ---- - ------ - -- --- ............... ..... ,13SIA -a 31Va A9 031"H, _._ 19 C--SI136 -- -. _. acs Ir NOU,nr3 _nvi-nseo, l c:1— 1- Ul-ol. iW l I,b i.- 1a- 60'',,. z O a r J , � CL :o LU ° aw z a U aN D m c Gl dal =1 1 ir. vi 0 n - z a 101^g1tl1dOJSNVL 30 1N3AiRd30 VINWJI]V0g30 31VISg - 05;11 411 CC AGENDA V � d_/ PAGE 231 O 0 z r s g W Ui n Z �o R O' O CO r r` aJ ti I ti ti n c E.�e c =C31 O c 3N L, 5 X02 /L '. t= 03 Old -JVC c v c°o CJ , d t "1 ek� W W H w i N h i i" N ,;...., W i - a N a„ z uj s a z_ a O 0 z r s g W Ui n Z �o R O' O CO r r` aJ ti I ti ti n c E.�e c =C31 O c 3N L, 5 X02 /L '. t= 03 Old -JVC c ZO. v c°o CJ , d W W H i N h Y N ,;...., W i - a N z uj s a z_ a . car ZO. v c°o CJ , 0 D, o 0 m AB 0 ?M17153C - 031v�'1C�tl ". !'OSIn83dl'S 'VNCI CNnJ lhv L'nSU0: O ,n M N 0 0 W p J_ LL o 0 CL N, .— L w W => a 0 w a a Z N a o h95;11 4/16 CC AGENDA PAGE 23 c°o M d W H i N Y N ,;...., W a z a s a AB 0 ?M17153C - 031v�'1C�tl ". !'OSIn83dl'S 'VNCI CNnJ lhv L'nSU0: O ,n M N 0 0 W p J_ LL o 0 CL N, .— L w W => a 0 w a a Z N a o h95;11 4/16 CC AGENDA PAGE 23 `y .. __.....,._ _ .... .... ... ... 03SIn3N -i VO ..AP 03NJ33J SSCV fvO.V" ..E 03SIA_6 AE C3V01S'U - .... ...... EiOSlnr_c'15 ltlN0.lJNfj 1VV11"SNO" O c O Q 7 Z' F- x W m W:.......M„ U, m, U, m 1�g0^1ppMtl OdSS^NVdi j0 1pN��3^ AVdH VINUOJIlVO JO 3171S.. �°5g �°5g �A510411 h.6 CC AGENDA PAGE 2a.9a.9 �M n ` w Is CJ Ot� - p W o � a LL z G c r O Q w lJ cz - ui s w < o N ° I > s _ W a � r O p - � C 5 `y .. __.....,._ _ .... .... ... ... 03SIn3N -i VO ..AP 03NJ33J SSCV fvO.V" ..E 03SIA_6 AE C3V01S'U - .... ...... EiOSlnr_c'15 ltlN0.lJNfj 1VV11"SNO" O c O Q 7 Z' F- x W m W:.......M„ U, m, U, m 1�g0^1ppMtl OdSS^NVdi j0 1pN��3^ AVdH VINUOJIlVO JO 3171S.. �°5g �°5g �A510411 h.6 CC AGENDA PAGE 2a.9a.9 CITY OF BAKERSFIELD Thomas Roads Improvement Program CONTRACT CHANGE ORDER SHEET 1 of 12 CONTRACT NO. 15 -094 CHANGE ORDER NO. 12 P.O. NO. PROJECT: SR -178 Widening NCIIPL- 5109(114) TRSR37 FEDERAL NO. (S) CONTRACTOR: Granite Construction Company ADDRESS: 3005 James Road Bakersfield, CA 93308 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective until approved by City Council or City Engineer Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. CHANGE SUBMITTED BY: Kristina Budak, Project Engineer DATE: CHANGE REQUESTED BY Kristina Budak, Project Engineer DATE: In accordance with Section 4 -1.05 "Changes and Extra Work" of the Standard Specifications, the Contractor shall modify Drainage Systems 47g, 47i, 47k, 55b, and 56b from Type OS (Mod) inlets to Type G4 inlets as directed in the Engineer's responses to RFI #23 dated October 29, 2015 and November 4, 2015. These changes are shown on Revised Plan Sheets DP -34 and DP -38 dated 10/28/15 included as sheets 4 and 5 of this Contract Change Order, Extra Work at Agreed Lump Sum (Type OS (Mod) to G4 Inlets): Modify Drainage Systems 47g, 47i, 47k, 55b, and 56b to Type G4 inlets as shown in the modification detail included as sheet 6 of this Contract Changer Order. For this work, the Contractor shall accept and receive the lump sum amount of $23,291.89. This amount constitutes full and complete compensation for providing all labor, material, equipment, tools and incidentals, including all markups by reason of this change and no additional compensation will be provided. All work shall be in accordance with contract documents Total Extra Work at Agreed Lump Sum = $23,291.89 Decrease in Bid Item at Bid Item Price: Eliminate the frames and covers for Drainage Systems 47g, 47i, 47k, 55b, and 56b. The frames and grates for the Type G4 inlets are included in the lump sum amount listed above. Item I Description Quantity Unit UP Percent Extended Cost l Percent to Date 115(F) I Miscellaneous Iron and Steel 1 -2,175 1 LB $2.00 -3.7% ($4,35 5w O 00t -3.7% Total Decrease in Bid Item at Bid Item Price = ($4,350AO) The quantity decrease shown above for Bid Item No.115(F), Miscellaneous Iron and Steel, when combined with the quantity shown in the bid item list, and as modified by any previous change orders and /or revisions to dimensions made by the engineer, shall be the final quantity for which payment will be made. continued on page 2 05104116 CC A EN A PAGE 234 continued from page CONTRACT CHANGE ORDER SHEET 2 OF 12 CONTRACT NO. 15 -094 CHANGE ORDER NO. 12 P.O. NO. In accordance with Section 4 -1.05 "Changes and Extra Work" of the Standard Specifications, the Contractor shall modify Drainage System No. 47 as directed in the Engineer's response to RFI #15 dated November 4, 2015. The changes include modifying the structure height of Drainage System 47c, changing Drainage System 47b from 24 -inch RCP to 18 -inch RCP, and adding a concrete collar at Station "B" 56 +39.76 as shown on Revised Plan Sheets D -14, DP -33, DD -2, and DQ -15 dated September 16, 2015 included as sheets 7 through 10 of this Contract Change Order. Increase in Bid Item at Bid Item Price: Item description LquantlW nit UP Percent Extended Cost _ Percent to Date 94 18 Reinforced Concrete Pipe 50 LF $84.00 3.1 % $4,200.00 3.1 80(F) Minor Concrete (Minor Structure) .......... .._ 0.6 CY $1,800.00 0.2% $1,080.00 _......._ .� 0.8% III r w Decreases in Bid Items at Bid Item Prices: Structural Concrete, Junction Structure 1 -1.1 1 CY 1 $1.725.00 1 -0.9% 1 ($1 A97 50) 1', -0.9% Total Decreases in Bid Item's at Bid! Item Prices = ($6,297.60) The quantity increases and decreases shown for Bid Item No. 80 (F) - Minor Concrete (Minor Structure) and No. 79(F) - Structural Concrete, Junction Structure, when combined with the quantities shown in the bid item list, and as modified by any previous change orders and /or revisions to dimensions made by the engineer, shall be the final quantities for which payment will be made. In accordance with Section 4 -1.05 "Changes and Extra Work" of the Standard Specifications, the Contractor shall modify Drainage System No. 50 as directed in the Engineers response to RFI #27 dated October 22, 2015. The changes include adding a concrete saddle around 15.5 LF of Drainage System 50c as shown on Revised Plan Sheets D -15 and DP -35 dated October 13, 2015 included as sheets 11 and 12 of this Contract Change Order. Increase in Bid Item at Bid Item Price: Item Description quanti Unit UP Percent Extended Cost Percent to Date _ _.._ _ _ww _- .- .m.-._ 80(F) ( Minor Concrete (Minor Structure) 1 2.5 CY $1,800.00 1 0.9% F $4,500.00 0.8% Total) Increase in Bid Item at Bid Item Price $4,500A0 The quantity decrease shown above for Bid Item No. 80 (F), Minor Concrete (Minor Structure), when combined with the quantity shown in the bid item list, and as modified by any previous change orders and /or revisions to dimensions made by the engineer, shall be the final quantity for which payment will be made. continued on page 3 05104116 CC A EN A PAGE 2,3.E continued from page 2 CONTRACT CHANGE ORDER SHEET 3 OF 12 CONTRACT NO. 15 -094 CHANGE ORDER NO. 12 P.O. NO. As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor .._ _.._ Countersigned: Finance Director Date We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all antaleaial,, e xcc rot as na.ar x LbA;cWtsr twrfoi rir all ,+vrN lac tccc.� isrr for the work above specified, and tr ffl accept ass kM paamcrad l aa°rc a re 1 au ,racrs lowll a rar v' Darryl R. 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(S) CONTRACTOR: Granite Construction Company ADDRESS: 3005 James Road Bakersfield, CA 93308 Payment Adjustment at Agreed Unit Price (JS to Precast Manholes): In accordance with Section 4 -1.056 "Work- Character Changes" of the Standard Specifications, the Contractor shall install precast storm drain manholes in lieu of cast -in -place junction structures for Drainage Systems 1c, 1g, 5t, 5v, 5z, 14h, 14v, 251, 27b, 28b, and 48d as shown on red -lined plan sheets D -1, D -3, D -4, D -6, D -7, D -9, D -15, DP -1, DP -2, DP -7, DP -8, DP -14, DP -15, DP -21, DP -22, DP -23, and DP- 36 dated 03/03/2016, included as sheets 2 through 18 of this Contract Change Order. The precast manholes shall be constructed as detailed on sheet 19 of this Contract Change Order. In accordance with Section 4 -1.07, "Value Engineering" of the Standard Specifications, the Contractor shall provide a credit to the City at the unit price amount of $979.17 each, which is 50% of the total savings of $1,958.34 each. This adjustment constitutes full and complete compensation for providing all labor, materials and equipment, tools and incidentals including all mark -ups by reason of this change. Item Description Quantit Unit UP Percent Extended Cost Percent to Date N/A Precast Manholes 11 EA ($979 17" N/A I C'i '0 87) J N/A Total Payment Adjustment at Agreed Unit Price = ($10,77&87) Total Decrease: ($10,7`70.87) ACCOUNT NO (S) 122 - 4021 - 825 -4021 335 - 4021 - 825 -4021 By reason of this order the time of completion will be adjusted as follows: None INCREASE $0.00 /1Lc DECREASE ($10,770Z7) J City Council Approval Required YES NO Approved As to orm: CITY ATTORNEY pprove -b-y-th-e-C-o-u-nc—iFo-f-City-o-f Bakersfield Approval Recommended: City Engineer Mayor Countersigned: Finance Director Date X We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all 1 p y qr ° q x(,epl, as_fid �_awarxarrt therefore the �iiw es shown above mnmaeritirl�, �. °v,u��,xt as ro�uua,y otherwise be� u�ri�el aah�rMwu„ ��n�l ��iicraHia all w�ura' a w uu�� eswue °for the work above , ac �i ar�¢�, and will a � � Accepted, Date: 4 _ Title: rw ., r(. °,:. c» t... ......... _ ,.r t 05104116 CC AGENDA PAGE 24 6 ____� ____. ......... ..... rvd 02:01:5. �- "03110td 3Wii bI -ZO-60 _____ -• SIOZ /S /Z(= 03101d 31tl0 ,.�, -- ; Z � I W ° o u x� 8 " ow 1 — 33S 3NIl 11017W o a... 3< I � ° LL I m w � ° 0 0 w o I- x 1 03 I N z Fa ° a Ir )l 11 � r z � ¢o o a u o w o a e a Iwo Ctli — Z rr � Ill f � o w o Q i ti " ° m "< 4 s / r , C��'yCl O w w. �4 O V U Odj I 13 i� °o aU O w a ¢ uw oV O Yk: 4 1 W 1 a „5 !W J w 03S113a 31VO .....__ . -___ L 83031b 330JIN ______ 10 03N33HJ 'd3HJSIj NOSVC _�.... 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(S) CONTRACTOR: Granite Construction Company ADDRESS: 3005 James Road In accordance with Section 4 -1.05 "Changes and Extra Work" of the Standard Specifications, the Contractor shall shorten the right turn lane for westbound SR178 to Canteria Drive as shown on red -lined Plan Sheets L-1, C-1, C -2, D -1, and DP -4 dated February 16, 2016 included as sheets 3 through 7 of this Contract Change Order Increases in Bid Items at Bid Item Prices: ....... _ ... 73 Place H►�/I cription _ Quantity Unit UP �_ Percent Extended Cost Percent to Item De ___ . _ ��ITITITITITITIT�� -A Dike (Type E) 259 LF $1.00 1..5% $259.00 1,59/6 Total Increases in Bid Items at Bid Item Prices = $259.00 Decreases in Bid Items at Bid Item Prices: Total Decreases in Bid Items at Bid Item Prices = ($19,176.00) Extra Work at Agreed Lump Sum (Regrade Choker) In accordance with Section 4 -1.05 "Changes and Extra Work" of the Standard Specifications, the Contractor shall regrade the choker for the shortened right hand turn lane. For this work, the Contractor shall accept and receive the lump sum amount of $1,923.00. This amount constitutes full and complete compensation for providing all labor, material, equipment, tools and incidentals, including all markups by reason of this change and no additional compensation will be provided. All work shall be in accordance with contract documents. Total Extra Work at Agreed Lump Sum = $1,923.00 continued on Daae 2 05104116 CC A GENDA PA GE 2 6.E continued from page 1 CONTRACT CHANGE ORDER SHEET 2 OF 7 CONTRACT NO. 15 -094 CHANGE ORDER NO. 17 P.O. NO. Total Increase: ACCOUNT NO (S) 122 - 4021 - 825 -4021 335 - 4021 - 825 -4021 INCREASE DECREASE By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: None NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned: Finance Director Date We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all ntata nals, a\caiA w14 oum be noted abovo, and v,�,r um all m„ ,n,u a ti ue crss¢nrr for the work above snecipied and will accem as full rnvinent dwielrare, the r ']CLR'r dbixmu z1hove Accepted, Date: c A Title: Darryl R. 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N ` I j w w J I ,wN x 1 o o , II � II III f I cJ p rO" W I sa s o � w + > R - �1-1 o � —L w , w 03SIn3a 31VC1 18 03SIA38 ww 3A09V 33S 3N1� H31VW n, o 21393121 3�03IN 3NAV� OIAVO 0 0 0 0 0 0 — O 61 M N O r 10 r r r r ne 031J3HJ N3H3SIJ NOSVIC m5Z/l7/ m�j w AO a3NJIS30 - 031Wif1Jiv3 dDSIAa3df1S IVNOI1JNf13 1NV1I1'ISNOD ""'ma"p "p�"pp "�" "� " "^gy0.5104116 "^�^,r ¢" { �}'� py py"�^,r { i_+i_+ 4.9Ef �d..✓ PA E 271 CITY OF BAKERSFIELD t , Thomas Roads Improvement Program CONTRACT CHANGE ORDER SHEET 1 of 6 CONTRACT NO. 15 -094 CHANGE ORDER NO. 18 P.O. NO. PROJECT: SR -178 Widening NCIIPL - 5109( °I14) TRSR37 FEDERAL NO. (S) CONTRACTOR: Granite Construction Company ADDRESS: 3005 James Road Bakersfield, CA 93308 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This cyan g e order is riot effective until approved, b X. City Council or City En, ineer Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. CHANGE SUBMITTED BY: Kristina Budak, Project Engineer DATE: CHANGE REQUESTED BY: Kristina Budak, Project Engineer DATE: Extra Work at Agreed Lump Sum (Temporary Lighting): In accordance with Section 4 -1.05 "Changes and Extra Work" of the Standard Specifications, the Contractor shall furnish, install, and remove temporary lighting systems at the intersections of SRI 78 and SRI 84, SRI 78 and Valley Street, and SRI 78 and Comanche Drive as shown on sheets 2 through 6 of this Contract Change Order. Compensation for traffic control and surveying, as determined necessary by the Engineer, will be provided under a separate Contract Change Order. For this work, the Contractor shall accept and receive the lump sum amount of $59,053.23. This amount constitutes full and complete compensation, except as noted above, for providing all labor, materials and equipment, tools and incidentals including all mark -ups by reason of this change„ All work shall be in accordance with contract documents. Total Extra Work at Agreed Lump Sum: $59,053.23 Consideration of a time adjustment will be deferred until completion of the work specified in this Contract Change Order. A determination of a time adjustment will be made in accordance with Section 8 -1.07 "Delays" of the Standard Specifications and addressed by a separate Contract Change Order. Total Increase,1 $59,053.23 ACCOUNT NO (S) 122 - 4021 - 825 -4021 335 - 4021 - 825 -4021 INCREASE $59,053.23 DECREASE $0.00 By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: Deferred NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of a ers re Approval Recommended: City Engineer Mayor Countersigned: Finance Director Date We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all iwu.rreliaiw airc,,W m nd,rz 6111wnww l w twr warred 11bove ;ind rwi fianruu all wrvicv, ouxe,4mm f6i rho c iuk oulwove irks ifnefl and will arcceur as fill navincuul therefore the rgivcx shown above. Accepted, Date. Title: 0 _AA 05VO4 /16 CC AGENDA PA GE 272 • o m @� w Y / ___• , 3 ,,, uJ / p O ¢� LIAW N � I J � w a �'c O • � w. mewgffM r C o� „ h v r ._ zQ8S -� _ ....,. 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Z W Z�- r,)z W w 00 F— F— F— w —i 0 CL Z Ww w X 0 = Z z< LLJ L) W —10 0 0-!=l 05104116 CC A GENDA PA GE 2 76 LJ W cry z 0 0 o r x E o o LO EL Ly c oc O E :t o s t —6 yo 11 o �2 Lo o+ (D 88 88a 4 0 7 HO ix T w ca F- z O L) W T W V) Mi W c x 0 A (L O Z3 Zi o o z a fE LLJ o W —J 17, "XIT '�Illlli m aN Oa CL w 20� Lu.j� z (n 0i? Z W L) Z ZZ LU F— W —J 0 F— W w Z w ON Q. Z W Z�- r,)z W w 00 F— F— F— w —i 0 CL Z Ww w X 0 = Z z< LLJ L) W —10 0 0-!=l 05104116 CC A GENDA PA GE 2 76 Nil 1-z3 N t 7 z 0 -Ni L HNN uj ui co z a -jo 0 0 0 Law z w jlO 00,�O a V) .0 C> Q. Lu <Z Itz cc I �z <_j D z 3 z F- a< D 10 z w j 0 0 0 w W Q+ I w W J E w z Z. 0 F- w El W W Sod 05104116 CC A GENDA PA GE 2 77 t SW cr Z< w 3:w WI— UJ -j U wa. <W w cc 7", lo _j(n tn )a. Z ui j Wz A o WO -j w Z Q, k1l co I 51 z o c w F- 't. w w C E-; . �;— - L g Of .2 E Ol 0 CQ L Aw, T, .1 lw 0 W 0 4-� W N i _NJ < z D 0 Nil 1-z3 N t 7 z 0 -Ni L HNN uj ui co z a -jo 0 0 0 Law z w jlO 00,�O a V) .0 C> Q. Lu <Z Itz cc I �z <_j D z 3 z F- a< D 10 z w j 0 0 0 w W Q+ I w W J E w z Z. 0 F- w El W W Sod 05104116 CC A GENDA PA GE 2 77 CITY OF BAKERSFIELD Rol - 1414 Thomas Roads Improvement Program CONTRACT CHANGE ORDER SHEET 1 of 4 CONTRACT NO. 15 -094 CHANGE ORDER NO. 19 P.O. NO. PROJECT: SR -178 Widening NCIIPL - 5109(114) TRSR37 FEDERAL NO. (S) CONTRACTOR: Granite Construction Company ADDRESS: 3005 James Road Bakersfield, CA 93308 In accordance with Section 4 -1.05 "Changes and Extra Work" of the Standard Specifications, the Contractor shall construct two (2) HMA overside drains in lieu of Drainage System No. 8 as directed in the Engineer's response to RFI #38 dated March 7, 2016 and as shown on red- lined Plan Sheets D -4 and DP -9 dated 03/07/16 included as sheets 3 and 4 of this Contract Changer Order. Increases in Bid Items at Bid Item Prices: Item Description Quanti Unit UP Percent Extended Cost Percentto 75 Place Hot Mix Asphalt (Misc. Area) 16 1 SQYD $100.00 45.7% $1,600.00 457% Total Increases in Bid Items at Bid Item Prices = $1,600.00 No adjustment to the bid item unit price of Item No. 75 Place Hot Mix Asphalt (Misc. Area) will be made in accordance with Section 9- 1.06B, "Increases of More Than 25 Percent," of the Standard Specifications by reason of this change order. Decreases in Bid Items at Bid Item Prices: Item Description I Quantity Unit UP.........1__Eercent_J Extended Cost I Percentto Date 94 80(F) 18" Reinforced Concrete Pipe Minor Concrete (Minor Structure) -129 -5.6 LF CY $84.00 $1,800.00 -8.1% -2.0% ($ i 0,P36 00) ($10,080 00) -0.8% -2.3% 115(F) Miscellaneous Iron and Steel -956 LB $2.00 -1.6% ($1,9" 2 00) -1.6% Total Decreases in Sid Items at Bid Item Prices = ($22,1128.00) Extra Work at Agreed Lump Sum (Inlet Material Cost & Relocate RCP) In accordance with Section 4 -1.05 "Changes and Extra Work" of the Standard Specifications, compensate the Contractor for the material costs associated with furnishing the eliminated precast inlets for Drainage Systems No. 8b and 8d. In addition, compensate the Contractor for relocating the 18" reinforced concrete pipe to be used elsewhere on the project For this work, the Contractor shall accept and receive the lump sum amount of $2,000.00. This amount constitutes full and complete compensation for providing all labor, material, equipment, tools and incidentals, including all markups by reason of this change and no additional compensation will be provided. Total Extra Work at Agreed Lump Sum = - $2,000.00 continued on page 2 05104116 CC A GENDA PA GE 2 7$ continued from page 1 CONTRACT NO. 15 -094 CONTRACT CHANGE ORDER CHANGE ORDER NO. 19 P.O. NO. SHEET 2 OF 4 Total Decrease: ($19,228,00 ACCOUNT NO (S) 122- 4021 - 825 -4021 335 -4021- 825 -4021 INCREASE DECREASE ( 1 2.2009,p By reason of this order the time of City Council Approval Required YES completion will be adjusted as follows: None NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned: Finance Director Date X We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all n alvrrdq.kw a'%c rant ns rvrev , Ix, nomeil above "irvi lwrf "unm all.nervie rs neec'Ns ory For the %ol k above, anecdied and will soccer° l as full omnimnt therefore the nrice,; shown above. Accepted, Date: - �,� Title: � 05104116 CC AGENDA PA GE 279 O� > - \ t qw W w f O 13~ 3 S 3NI7 HJ1 bry o az w � O z ... > j 0351n3a 3tV0 b303Ia 31OJ[N Ae 03NO3H0 a3HJSId NOSVI A9 03SIA3a 3NAVI CIA -- A9 03N01530 .,.., ... ___ _____________— .., .,...... ._..___.... °a - a3tv-Inawa aoslna3dns wNmtaNne 1NVnnsNO� NDI1tl180dSNtlH1 d0 1N3H18tld34 - tlINH031ltlJ i0 31V14 0 05104116 CC A E( A PAGE 280 v EEA Z D W II o 0 o 8 I 9-0 133HS 335 3N� H�1VW � L311 IL Vd �� �i � Z.M J� " w Z a o w r c" .1 C) i � kggd < co o a a u. 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(S) YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective until approved by City Council or City Engineer Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. CHANGE SUBMITTED BY: Kristina Budak, Project Engineer DATE: CHANGE REQUESTED BY Kristina Budak, Project Engineer DATE: Extra Work at Agreed Lump Sum (Finish Subgrade Nov. 2015) In accordance with Section 4 -1.05 "Changes and Extra Work" of the Standard Specifications, compensate the Contractor for grading and preparing the aggregate base after cold planning the existing HMA pavement between stations 'A' 890 +75 to 932 +00 0' -46' RT and stations 'A' 928 +00 to 932 +00 0' -14' LT. This work includes, but is not limited to, removing the base material ecountered between the existing HMA pavement section and the grading plane as well as grading and compacting the aggregate base. All work shall be in accordance with the Contract documents. For this work, the Contractor shall accept and receive the lump sum amount of $49,707.55. This amount constitutes full and complete compensation for providing all labor, material, equipment, tools and incidentals, including all markups by reason of this change and no additional compensation will be provided. Total Extra Work at Agreed Lump Sum = $49,707.55 Extra Work at Force Account (Finish Subgrade) In accordance with Section 4 -1.05 "Changes and Extra Work" of the Standard Specifications, the Contractor shall grade and prepare the aggregate base in areas of which the base is encountered while cold planning the existing HMA pavement. This work includes, but is not limited to, removing the base material ecountered between the existing HMA pavement section and the grading plane as well as grading and compacting the aggregate base All work shall be as directed by the Engineer. Compensation for all labor, material, and equipment, approved by the Engineer as necessary, shall be made in accordance with Section 9 -1.04 "Force Account" of the Standard Specifications. Total Extra Work at Force Account = $100,000.00 Consideration of a time adjustment will be deferred until completion of the work specified in this Contract Change Order. A determination of a time adjustment will be made in accordance with Section 8 -1.07 "Delays" of the Standard Specifications and addressed by a separate Contract Change Order. continued on page 2 05/04116 CC A EN A PAGE 282 continued from page 1 CONTRACT CHANGE ORDER SHEET 2 OF 2 CONTRACT NO. 15-094 CHANGE ORDER NO. 20 P.O. NO. . . ............................... ..... . . . . Total Increase:1 $149,707.55 ACCOUNT NO (S) 122-4021-825-4021 335-4021-825-4021 INCREASE $149,707.55 DECREASE By reason of this order the time of City Council Approval Required YES x completion will be adjusted as follows: Deferred NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned: Finance Director Date We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials excont as may otherwise be noted abcwk�. and ixttorm all services nccc° �mv for the work above st),xified, and will accviA as fill twrneril 1herefore The prices shown above, Accepted, Date: Title: 05104116 CC AGENDA PAGE 283 CITY OF BAKERSFIELD r" Thomas Roads Improvement. Program CONTRACT CHANGE ORDER SHEET 1 of 1 CONTRACT NO. 15 -094 CHANGE ORDER NO. 21 P.O. NO. PROJECT: SR -178 Widenino NCIIPL- 5109(114) TRSR37 CONTRACTOR: Granite Construction Company ADDRESS: 3005 James Road FEDERAL NO. (S) Bakersfield, CA 93308 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective until approved by Ci Council or City Engineer Description of work to be done, estimate of quantities, and prices to be paid, Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time CHANGE SUBMITTED BY: Kristina Budak, Project Engineer DATE: CHANGE REQUESTED BY: Kristina Budak, Project Engineer DATE: Decreases in Bid Items at Bid Item Prices: Decrease Supplemental Work Bid Item #221 - Payment Adjustments for Price Index Fluctuations of Paving Aspahlt by the lump sum amount of - $200,000.00. Payment adjustments will continue to be calculated as specified in Section 9 -1.07C 'Payment Adjustments" of the Standard Specifications and the adjustments will continue to be provided under Supplemental Work Bid Item #221 in accordance with Section 9 -1.08 "Supplemental Work Items" of the Special Provisions. Item Description Quantity V Unit I UP I Percent I Extended Cost I Percent to T Payment Adjustments for Price Index o $ o 221 0.40 LS $500,000.00 40.0 /o �,s�tDC� Q�t�6S Q14D) -40.0 /o Fluctuations of Paving Aspahlt Total Decreases in Bid Items at Bid Item Prices: ($2001,000.00) Approved As to Form: CITY ATTORNEY -Approved by the Council of ity 61 Ba ers ie Approval ecommen e : City Engineer Mayor Countersigned: Finance Director Date We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all -w rr,k «w . t dha wd :r9-- sad uc +ftuara all lira ahcr wa4 and will to cc°m as full ntuMruituigt tll���rr,b'�tM;„,tlpu;„a *e u hr1�FY"�,,,t�'S�'we. Manager of Construction - Bakersfield Area Accepted, Date ..,,....., � Title: �emanite Constiaction Curnp ny 05;1104116 CC AGENDA PAGE 284 CITY OF BAKERSFIELD mwxeV�&ustlu'N Thomas Roads Improvement Program P CONTRACT CHANGE ORDER SHEET 1 of 1 CONTRACT NO. 15 -094 CHANGE ORDER NO. 21 P.O. NO. PROJECT: SR -178 Wideniing NCIIPL.- 5109() 14) TRSR37 _ FEDERAL NO. (S) CONTRACTOR: Granite Construction Company ADDRESS: 3005 James Road Bakersfield, CA 93308 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This Chan a order is not effective until approved by City Council or City Engineer Description of work to be done, estimate of quantities, and prices to be paid Segregate between additional work of contract price, agreed price and force account Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time CHANGE SUBMITTED BY: Kristina Budak, Project Engineer DATE: CHANGE REQUESTED BY: Kristina Budak, Project Engineer DATE: Decreases in Bid Items at Bid Item Prices: Decrease Supplemental Work Bid Item #221 - Payment Adjustments for Price Index Fluctuations of Paving Aspahlt by the lump sum amount of - $200,000.00. Payment adjustments will continue to be calculated as specified in Section 9 -1.07C "Payment Adjustments" of the Standard Specifications and the adjustments will continue to be provided under Supplemental Work Bid Item #221 in accordance with Section 9 -1.08 "Supplemental Work Items" of the Special Provisions. Item Description I Quantity Unit I UP I Percent I Extended Cost I Percent to Payment Adjustments for Price Index 221 0.40 ,000 LS $500.00 - 40 .0% ($ 200,000 000 00) Fluctuations of Paving Aspahlt Total Decreases in Bid Items at Bid Item Prices: ($2009000.00) , Approved to Form: CITY ATTORNEY Approved by the Council of ity of a ers ie Approval Recommended: Ciiy7 Engineer Mayor Countersigned: Finance Director Date We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all mitkniaku exAe rl as may war ivnig.4" . aabom and teafcam all services rtcessmy for the work ahuww to ,tdwd, and AJ11 acde 7t w� full )at utent i1WTC' -' the ari 11 shown above Darryl R. Ebel Accepted, Date: Granite Construction Company 05;1104116 CC AGENDA PAGE 285 ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Consent- Property Acquisition Agreements - TRIP o. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 4/15/2016 iTiff-11 1.1 SUBJECT: Agreement with Cheryl Ann Hyde-Reid ($170,000) to purchase real property located at 128 Dunlap Street for the Centennial Corridor Project. STAFF RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring properties to construct the Centennial Corridor Project. The Centennial Corridor will connect the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway north of Truxtun Avenue. The property being purchased consists of a single family residence. The purchase price of $170,000 is a product of negotiations based on the 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 05104116 CC AGENDA PAGE 286 this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan. Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation Fund and is part of the $165 million authorized by CalTrans and appropriated by the City Council on March 5, 2014 for right of way acquisitions. Purchases under the early acquisition program were approved by CalTrans at 100% federal funding with no local match requirement for this phase of 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 156th 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. F-11 1i all M I ��i 14 Ll k &-] Description Type D PUirchase Agireeirneint Agireeirneint 05104116 CC AGENDA PAGE 287 APN: 020-262-05 TITLE REPORT NO: 1503-5118026 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 1 201. by and between the CITY OF BAKERSFIELD (hereinafter called Buyer), and CHERYL ANNV HYDE-REID, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY (hereinafter called Seller) for acquisition by Buyer of certain real property hereinafter set forth. Buyer possesses eminent domain authority and Buyer's staff will recommend the adoption of a resolution of necessity if the Parties are unable to complete a negotiated acquisition of the Property by Buyer. I 1 15 HEREBY MUTUALLY AGREED BEEN THE PARTIES AS FOLLOWS' 1. AGREEMENT TO SELL AND —PURQ]JASE., 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 R LRCHASE PRICE. The total purchase price, payable in cash through escrow, shall be the sum of III I ! 0 3. CONVEYANCE QF TITLE. Seller agrees to convey by Grant Deed to Buyer fee simple fide, to the Property free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases, and taxes EXCEPT: a. Non-delinquent taxes for the fiscal year in which this, transaction closes which shall be cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at the close of this transaction. b, Quasi-public utility, public alley, public street easements, and rights of way of record (except rights in any such items conveyed under this Agreement). c. Items numbered NONE in the preliminary title report issued by First American Title Company dated February 25, 2016. 4. MLEINSU A said i NQ�E POLICY. Escrow Agent shafl, following recording of a id deed(s) to Buyer, provide Buyer with CLTA Standard Coverage Policy of Title Insurance in the amount of $170,000.00 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. Page 1 of 7 05104116 CC AGENDA PAGE 288 Seller shall execute andl 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 opening of escrow, Buyer w0i 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, ANC SHALL: a. Pay and charge Seller, upon Seller's written approval, for any amount inecessairy to cleartitle to satisfy Paragraph 3 of this Agreement; b. Pay and deduct from the amount shown in Paragraph 2 above, any amount necessary to satisfy any delinquent taxes together with penalties and interest thereon, aind/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), ; cl, 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 "dose of escrow", if and where written in these linstructions, 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 writingi. 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- Ali 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 zz� 05104116 CC AGENDA PAGE 289 payment of any/all real property taxes due through the date of close of escrow, including any pending 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 Seiler hereby acknowledges that the compensation paid to Seller through this Agreement constitutes the full and complete settiement of any and all claims against Buyer, by reason of Buyer's acquisition of the Property, specificafly 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 iiinstallation of the improvement project in the manner proposed, the vaiue of improvements pertaining to the realty, leasehold improvements, any and all claims of rental or leasehold value and loss of business goodwill' (excluding reiocatioin benefits, if any), and any and all claims in inverse condemnation and for precondernnation damages, and any and' ail other claim that Seller may have, whether or not specificaliy mentioned here, relating directly or indirectiy 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 ail 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. Seiler hereby grants to Buyer, its authorized agents or contractors, the right to enter upon the Property upon forty-eight (48) hours prior written notice to make necessary and reasonable inspections. Such inspections may include predemofition asbestos and leading based paint testing. If the Property is being rented, Seller will coordinate with tenants, on the Property, notifying of them such inspections. Buyer and Seller will cooperate to assure that Buyer's exercise of this right-of-entry respects the rights of any tenants to the quiet enjoyment of the Property. 11. POSSESSION, Buyer s,hail be entitled to possession of the Property immediately upon Close of Escrow. If Buyer and Sefler have agreed upon Seller's continued occupancy of the Property foilowing Close of Escrow, the rights of the parties to possession, of the Property will be governed by the Lease Agreement or other documentation between Buyer and Seller evidencing such continued right of occupancy. 12. 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. 13. WARRANTIES, REPRESENTARONS, AND COVENANTS OF SELLER., Seiler hereby warrants, represents, and/or covenants to Buyer that: a. To the best of Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Property or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign. 05104116 CC AGENDA PA GE 290 b. To the best of Seller's knowledge, there are no encroachments onto the Property by improvements on any adjoining prope4 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, cl. 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 Sefler'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 iin this Agreement 14, HAZARDOUS WASTE. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous, waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials, on,, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or " "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to, Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (Ii) defined as "hazardous, substance" under Section 25316 of the California Health and Safety Code, Division 20, 'Chapter 6.8 (Carpenter-Presley-Tainner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 255011 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 biphenyl's, (vii!) listed under Arbcle 9 or defined as "'hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C'. 56901 et 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 Uability Act, 42, U.S.C. 59601 et M, (42 U.S.C. S9'601). 15. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the 05104116 CC A GEN PA GE 291 Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus 16. ' INDEMNI , TY. 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, iin or about, or the transportation of any such materials to or from, the Property, or (ii) the vioiation, 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 environiment, 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, 17. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and cleWery, be deemed an original, and all such counterparts together shall constitute one and the same instrument, is. CONTINGENCY.. It is understood and agreed between the Iparties 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 dehvery of same to Escrow Agent constitutes said acceptance and approvall. 19. BROKERS AND FINDERS, The parties acknowledge and represent that BUYER shafl pay no commission to any broker or finder in connection with the purchase and sale of The Property. 20., JURISDIC-17ION AND VENUE. This Agreement shall be governed by and constructed in accordance with the laws of the State of California. The parties, consent to the jurisdiction of the California Courts with venue in Kern County. 21., ASSIGNMENT, The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. Buyer may freely assign any or all of its iinterests or rights under this Agreement or under the Escrow without the consent of Seller. 22. COOPERATION. Each party agrees to cooperate with the other in the closing of this transaction and, in that regard, to sign any and afl 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 ENURE AGREEMENT, WAIVER AND MO.DIFICAHON., 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 05104116 CC A GENDA PA GE 292 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written, MAILING ADDRESS OF SELLER 1005 Sussex Circle Bakersfield, CA 93311. MAILING ADDRESS OF BUYER 1600 Truxtun Avenue, 2"d Floor Bakersfield, CA 93301 BUYER: XMIaliLT By:_ HARVEY L. HALL Mayor APPROVED, AS TO F'ORM: VIRGINIA GENNARO, city iney By: _7 ANDREW HEG�UND Deputy City Attorney 10111111iff wfT.�, R Z NELSON K. SMITH Finance Director SELLER CHERYL ANN HYDiE-REID, A MARRIE3. WOMAN AS HER SOLE AND SEP t PROPERTY Ile HydE ery Adnn, �-_Re APPROVED AS TO CONTENT: By:IT_ NICK FIDLER Public Works Director Attachments: Exhibit "A" — Legal Description and Depiction of Fee Acquisition 05104116 CC A GEN PA GE 29,3 EXHIBIT A F C Ui S EE ACQUISITION Reall PrOPertY in the Qty luf SakersWd, ODunty of'Kem, Sb§tP, of CaUfolmla, described aS faflum: Iw Li Ila a 05104116 CC A GEN PA GE 294 FOIA !) I i - I I ...... ...... J) IM7 uj IL % ga a 05104116 CC A GEN PA GE 29.E ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Consent- Property Acquisition Agreements - TRIP p. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 4/15/2016 iTiff-11 1.1 SUBJECT: Agreement with Sajid and Melanie Miller ($257,000) to purchase real property located at 4300 La Mirada Drive for the Centennial Corridor Project. STAFF RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring properties to construct the Centennial Corridor Project. The Centennial Corridor will connect the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway north of Truxtun Avenue. The property being purchased consists of a single family residence. The purchase price of $257,000 is the 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. 05104116 CC AGENDA PA GE 296 Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation Fund and is part of the $165 million authorized by CalTrans and appropriated by the City Council on March 5, 2014 for right of way acquisitions. Purchases under the early acquisition program were approved by CalTrans at 100% federal funding with no local match requirement for this phase of 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 157th 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. F-11 1i all M I ��i 14 Ll k &-] Description Type D PUirchase Agireeirneint Agireeirneint 05104116 CC A GEN PA GE 297 APN: 020-471-08 TITLE REPORT NO: 1503-4785464 PROJECT: Centennial Corridor Improvement Project EA: 06-48460 ]Pie) 10 k 2:kial 10illy& 10 1.11 111*0111010 THIS AGREEMENT is entered into this — day of 201 by and between, the CITY OF BAKERSFIELD (hereinafter called Buyer), and SAJID MILLER AN D MELANIE MILLER, IH USBAND AND WIFE, AS JOINT TENANTS (hereinafter called Seller) for acquisition by Buyer of certain real property hereinafter set forth., IT IS HEREBY MUTUALLY AGREED BEEN THE PARTIES AS FOLLOWS. I. AGREEMENT TO '.SELL AND PURCHASE. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seiler, 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 1 PURCHASE PRICE., The total purchase price, payable in cash through escrow, shall be the sum of ,r FIFTY SEVEN THOUSAND DOLLARS OOiOl.O0) 1 CON'VEYANC'E . OF TITLE. Seller agrees to convey by Grant Deed to Buyer fee simp1le 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 utifity, public alley, public street easements, and rights of way of record (except rights in any such items conveyed under this Agreement). c. Items numbered None in the preliminary title report issued by First American Title dated December 8, 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 $257,000.00 issued by First American Title Company showing the title to the property vested in Buyer, subject only to the exceptions set forth in Paragraph 3 of this Agreement and the printed exceptions and stipulations in said policy. Buyer agrees to pay the premium charged therefore. S. ' ESCROW. Buyer agrees to open an escrow in accordance with this Agreement at an escrow company of Buyer's choice., This Agreement constitutes the joint escrow instructions of Buyer and Seiler, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agiireement. 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 2� 05104116 CC AGENDA PAGE 298 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 lin any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account. E. 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 Sefler 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 Se!ller'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 ZEME 05104116 CC AGENDA PAGE x`99 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), andl 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 B,uiyer, 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 nn 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. M 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, REPRE5ENTAHONS, 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 SeHer'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 i, ASTE. 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 05104116 CC AGENDA PAGE 300 hazardous waste, toxic substances, or related materials ("Hazardous Materials"') on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (1) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous, waste"' under Section 25115, 25117 or 251 2.7', or listed pursuant to Section 251410 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 25.501 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 Suibstanices), (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 1.004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et =. (42 U.S.C. 56903) or (A) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. 59601 et =. (42 U�S.C. S9601). 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 Cafifornia 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, Ipenalty, 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 (fl) 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. CONTINQERC . It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the Page 4 of 7 05104116 CC AGENDA PAGE 301 Buyer herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 17. 'BROKERS AND FINDER . 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. JURISDICTI,QN 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. ASSIGNME . 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 AGREEIViENT, 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 05104116 CC AGENDA 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 4300 La Mirada Drive Bakersfield, CA 93309-1724 MAILING ADDRESS OF BUYER 1600 Truxtun Avenue, 2nd Floor Bakersfield, CA 93301 BUYER: CITY OF BAKERSFIELD By. _ _ HARVEY L. HALL Mayor a ANDREW HEGLUN! Deputy City Attorney COUNTER IGNED: 0 NELSON K. SMITH Finance Director SELLER By: _'� '-'AWD MILLER By: A ►NIE ILL APPROVED AS TO CONTENT: By: NICK FIDLER Public Works Director Attachments: Exhibit "A" — Legal Description and Depiction of Fee: Acquisition 05104116 CC AGENDA PAGE 303 Real Property in the City of Bakersfield, County of Kern, 'State of California, described as follows: LOT 8 OF TRACT 3334 IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAR RECORDED NOVEMBER 28, 1969 IN BOOK 18, RACES 148 AND 149 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ALL OIL, CAS 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, GRILL., 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 SBB FEET BELOW THE SURFACE OF THE GROUND AND ''WITHOUT ENTERING UPON OR USING ANY PORTION OF SAID PROPERTY LYING ABOVE SAID DEPTH, AS EXCEPTED AND RESERVED BY KERN COUNTY LAND COMPANY, A CALIFORNIA CORPORATION, IN DEED RECORDED DECEMBER 29, 1987 IN BOOK 4116, PAGE 612 OF OFFICIAL RECORDS. APN! 628.471-018 -06 -4 05104116 CC A EN A PAGE 304 ra iIJ L6 Lo (Y) U) U, u- < 0 cc 3: C) 4. a Z Gg DEPICTION OF FEE ACQUISITION 1 @01 es 011, L Ci S der 2 P'7 7-W wow It 156 r4b J, T'l . . . . . ... . I-A 7 05104116 CC AGENDA PAGE 305 ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Consent- Property Acquisition Agreements - TRIP q. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 4/18/2016 iTiff-11 1.1 SUBJECT: Agreement with FANNIE MAE ($137,000) to purchase real property located at 105 Morrison 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 $137,000 is the fair market value as established by an appraisal prepared by Dallis Higdon and Associates, an independent appraisal company. FANNIE MAE requires the attached California Residential Purchase Agreement on all its home sale transactions. This agreement requires the City to indemnify the Seller in certain situations that are unlikely to apply to the City. 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 05104116 CC AGENDA PAGE 306 Document process. The Planning Division completed a General Plan Review (65402) and found this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan. Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation Fund and is part of the $165 million authorized by CalTrans and appropriated by the City Council on March 5, 2014 for right of way acquisitions. Purchases under the early acquisition program were approved by CalTrans at 100% federal funding with no local match requirement for this phase of 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 158th 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 Type D PUirchase /kgireeirneint /kgireeirneint 05104116 CC AGENDA PAGE 307 DocuSign Envelope TD: 29166 ,66EO-2DC2-4A45-AE36-4B9AEEE707D2 4' ( " A 1,, 1 l 0 1 it, N I A CALIFORNIA Ak ' A S S I A V N RESIDENTIAL PURCHASE AGREEMENT Iff ) V It I A 1, '1 P , S AND JOINT ESCROW INSTRUCTIONS , (C.A,R. Form RPA-CA, Revised 11114) Date Prepared: 04103/2016 1. OFFER- A. THIS IS AN OFFER FROM ("Buyer"). B. THE REAL PROPERTY to be acquired is 1 r3 d Iorrfstara Sty S korsffelrY. C 93309 situated in eak_ersfleld(Cily) --liff—f)(COU111Y), California, --92-309 On Code), Assessor's Parcel No. 02029506 "Property'). C. THE PURCHASE PRICE offered is SCROW shall occur on, M,M 201q Days After Acceptance). E. Buyer and Seiler are referr 2. AGENCY: ed to herein as the "Parties.' Brokers are not Parties to this Agreement. A. DISCLOSURE: The Parties each acknowledge receipt of a 2 "Disclosure Regarding Real Estate Agency Relationships® (C.A.R. Form AD). B. CONFIRMATION- The following agency relationships are hereby confirmed for this transaction- ' Listing Agent California Asset Services ('Print Firm Name) is the agent of (check one): rg the Seller eW-1-us-ivet)r-, -or-FIboth the Buyer and Seller, Selling Agent _ rata (print Firm, Name) (if not the same as the Listing Agent) Is the agent of (check one): Lj the Buyer exclusively;; or the Seller exclusively; or_ both the Buyer and Seller. C. POTENTIALLY COMPETING BUYERS AND SELLER& The Parties each acknowledge receipt of a 2 "Possible Representation of More than One Buyer or Seller - Disclosure and Consent" (C.A.R. Form PRBS). 1 FINANCE TERMS: Buyer represents that funds will be good when deposited with Escrow Holder, A. INITIAL DEPOSIT: Deposit shall be in the amount of .... .......... $ (1) Buyer Direct DeposW Buyer shall del'iver deposit directly to Escrow Holder by electronic funds transfer, cashiees, check , El personal check, [] other within 3 business days after, Acceptance (or. OR (2) [] Buyer Deposit with Agent: Buyer has given the deposit by personal check (or to the agent submitting the offer or to ), made payable to ' The deposit shall be held encashed until Acceptance and then deposited with Escrow �Holder within 3 business days after Acceptance (or Deposit checks given to agent shall be an original signed check and not a copy. (Note: Initial and increased deposits checks received by agent shall be recorded in Broker's trust fund log.) R. INCREASED DEPOSIT. Buyer shall deposit with Escrow Holder an increased deposit in the arriCiLint of $ within Days After Acceptance (or If the Parties agree to liquidated damages in this Agreement, t"" alga agree to incorporate the increased deposit into the liquidated damages amount in a separate liquidated damages clause., (C.A.R. Form RID)at the time the increased deposit is delivered to Escrow Hower, C. [] ALL CASH OFFER: No loan Is needed to purchase the Property, This offer is NOT contingent on Buyer obtaining a loan. Written verification of sufficient funds to close this transaction IS ATTACHED to this offer or [] Buyer shall, within 3 (or D. LOAN(S): _ ) Days After Acceptance, De We r to Setter such Ve rificatio 11 (1) FIRST LOAN. in the amount of ...... -- ........ $ This loan will be conventional finandrig or [] FHA, VA, -R, Form SFA), E] assumed financing (C.A.R. Form AFA), [ _] Seller financing (C,A j Other This loan shall be at a fixed rate not to exceed % or, [7] an adjustable rate —loanwilh initial rate not to exceed %. Regardless of the type of loan, Buyer shall pay points not to exceed % of the loan amount. (2) SECOND LOAN in the amount of, ......... _ .... $ This loan will be convenfional financing or F financing (C.A.R. Form SFA), [j assumed Seiler fi financing (C.A.R. Form AFA),Ej Other This loan shall be at a fixed , rate not to exceed -- % or,Elan adjUstable rate loan with initial rate not to exceed %. Regardless of the type of loan. Buyer shall pay points not to exceed % of the loan amount. (3) FHANA: For any FHA or VA loan specified in 3D(1), Buyer has 17 (or _ ) Days After Acceptance to Deliver to Seller written notice (C.A.R , Form FVA) of any lender - required repairs or costs that Buyer requests Seller to pay for or olherwise correct. Seller has no obligation to pay or satisfy lender requirements unless agreed in writing, A FHANA amendatory Clause (C.A.R. Form FVAC) shall be a part of this transaction, E. ADDITIONAL FINANCING TERMS. F. BALANCE OF I7OVIlN PAYI411ENT OR PURCHASE PRICE in the annotant of— ... — ........ $ —ILJ7a000�00 to be deposited with Escrow Holder pursuant to Escrow Holder instructions, G. PURCHASE PRICE (TOTAL)-, ..... ,,,......,,,,,, ......... ........ -- ........ $ 137�000.00 Buyer's Initials ,, � Seller's linita 9) 1991-2014, CaRoinja Assadation of REALTORIWD, Inc. RPA-CA REVISED 11114 (PAGE I OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE I OF 10) CAI Aw,! Sen kr, -(-'A INN.... Phana AMZOIAW Fax WAVA577 11--1 .. uida Vvkaokiip PToduced wth ?Jprmrni4s by I B070 Fiftabn MA Ruad Fromf MIM,— APWA � inl — —, 05;1104116 CC AGENDA PAGE 308 DocuSign Envelope 0: 241666EO-2DC2-4A45-AE36-4B9AEEE707D2 Property Address. 105 Morrison St Sakersfield CA 93309 Date: Ap!lL3 2t1t H. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Buyer (or Buyer's tender or loan broker pursuant to —P� 3J(1)) shall, within 3 (or paragraph _ ) Days After Acceptance, Deliver to Seller written verification of Buyer's down payment and closing costs. ([] Verification attached.) I. APPRAISAL CONTINGENCY AND REMOVAL- This Agreement is (or [] is NOT) contingent upon a written appraisal of the Property by a licensed or certified appraiser at no less than the purchase price. Buyer shall, as specified in paragraph 144(3), in writing, remove the appraisal contingency or cancel this Agreement within 17 (or _) Days After Acceptance, J. LOAN TERMS., (1) LOAN APPLICATIONS: Within 3 (or Days After Acceptance, Buyer shalt Deliver to Seller a letter from Buyer's tender or loan broker stating that, based on a review of Buyer's written application and credit report, Buyer is prequalified or pre approved for any NEW loan specified in paragraph 317. If any loan specified in paragraph 3D is an adjustable rate loan, the prequalification or preapproval letter shall be based on the qualifying rate, not the initial loan rate, ([] Letter attached.) (2) LOAN CONTINGENCY: Buyer shall act diligently and in good faith to obtain the designated loan(s). Buyer's qualification for the loan(s) specified above is a contingency of this Agreement unless otherwise agreed in writing. If there is no appraisal contingency or the appraisal contingency has been waived or removed, then failure of the Property to appraise at the purchase price does not entitle Buyer to exercise the cancellation right pursuant to the loan contingency if Buyer is otherwise qualified for the specified loan. Buyer's contractual obligations regarding deposit, balance of down payment and closing costs are not contingencies of this Agreement. (3) LOAN CONTINGENCY REMOVAL. Within 21 (or _ )Clays After Acceptance, Buyer shall, as specified' in paragraph 14, in writing, remove the loan contingency or cancel this Agreement, If there is an appraisal contingency, removal of the loan contingency shall not be deemed removal of the appraisal contingency. (4) [k] NO LOAN CONTINGENCY, Obtaining any loan specified above is NOT a contingency of this Agreement. If Buyer does not obtain the loan and as a result does not purchase the Property, Seller may be entitled to Buyer's deposit or other legal remedies, (6) LENDER LIMITS ON: BUYER CREDITS: Any credit to Buyer, from any, source, for closing or other costs that is agreed to by the Parties ("Contractual Credit"') shalt be disclosed to Buyer's lender, If the total credit allowed by Buyer's tender ("Lender Allowable Credit') is less than the Contractual Credit, then (i) the Contractual Credit shall be reduced to the Lender Allowable Credit, and (1i) in the absence of a separate written agreement between the Parties, there shall be no automatic adjustment to the purchase price to make up for the difference between the Contractual Credit and the Lender Allowable Credit. K. BUYER STATED FINANCING- Seller is relying on Buyer's representation of the type of financing specified (including but not limited to, as applicable, all cash, amount of down payment, or contingent or non-contingent loan). Seller has agreed to a specific closing date, purchase price and to sell to Buyer in reliance on Buyer's covenant concerning financing. Buyer shall pursue the financing specified in this Agreement. Seller has no obligation to cooperate with Buyer's efforts to obtain any financing other than that specified in the Agreement and the availability of any such alternate financing does not excuse Buyer from the obligation to purchase the Property and close escrow as specified in this Agreement. 4. SALE OF BUYER'S PROPERTY, A. This Agreement and Buyer's ability to obtain financing are NOT contingent upon the sale of any property owned by Buyer. OR B. This Agreement and Buyer's, ability to obtain financing are contingent upon the sale of property owned by Buyer as specified in the attached addendum (C.A.R. Form COP). 5. ADDENDA AND ADVISORIES: A, 191 OTHER TERMS: Pursuant to sectioa-28 of tine 14eal Estate _Addendum this qociument is sy set forth in the Real Estate Addenudrn 7. riLLOCATION OF COSTS A. INSPECTIONS, REPORTS AND CERTIFICATES: Unless otherwise agreed in writing, thils, paragraph only determines who is to Pay for the inspection, test, certificate or service ("Report") mentioned; it does not determine who is to pay for any work recommended or Identified in the Report. (1) Ig Buyer [] Seller shall pay for a natural hazard zone disclosure report, including tax F1 environmental prepared by Jother- (2) OTu—ye-r-E Seller —shall pay for the following Report by (3) 5 Buyerdeller shall pay for this following Report [] prepared by Buyer's Initials Seller's WON, RPA-CA REVISED 11114 (PAGE 2 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RIBA -CA PAGE 2 OF 10) Proaiced wish zipFam,AttbyztpLogix 18070 Fifteen Mile Road, Frisef, Michigan 4802f, 05;1104116 CC AGENDA PAGE 309 DOCUSign Envelope ID 241666EC-,IDC2-4A46-AE364B9AEEE�70772 Property Address. 105 Morriso ID ate B. GOVERNMENT REQUIREMENTS AND RETROFIT: (1�) [g Buyer E] Seller shall pay for smoke alarm and carbon monoxide device installation and water heater bracing, if required by Law. Prior to Close Of Escrow �'COE"), Seller shall provide Buyer written statementis) of compliance in accordance with state and local Law, unless Seller is exempt, (2) (1) [) .013uyer [] Seller shall pay the cost of compliance with any other minimum mandatory government inspections and reports if 6 re uired as a condition of closing escrow under any Law. ) Lill , Buyer ["-J Seller shall pay the cost of compliance with any other minimum mandatory government retrofit standards required as a condition of closing escrow under any Law, whether the work is required to be completed before or after COE, (61) Buyer shall be provided, within the time specified in paragraph 14A, a copy of any required government conducted or point-of-sale inspection report prepared pursuant to this Agreement or in anticipation of this sale of the Property, C. ESCROW AND TITLE, (1) (a) [R Buyer [] Seller shall pay escrow fee (b) Escrow Holder shall be sellers choice (c) The Parties shall!, within 5 (or_) Days After receipt, sign and return Escrow HoiTeFs general provisions. (2) (a) Buyer� Seller shall pay for owner's title insurance policy specified in paragraph 13E (b) Owner's title policy to be issued by Aellprs chqi e (Buyer shall pay for any title insurance policy insuring Buyers len der, intros otherwise therwise agreed Nn writing,)--'- D. OTHER COSTS: (1) Buyer Seller shalt pay County transfer tax or fee (2) Buyer Seller shall pay City transfer tax or fee (3) 1 Buyer � Seller shall pay Homeowners'Association ("HOA") transfer fee �f�ficable (4) Seller shall pay HOA fees for preparing documents required to be delivered by Civil Code §4525. (5) Buyer � Seller shall pay HOA fees for preparing all documents other than those required by Civil Code 4525, (6) Buyer to ay for any HOA certification fee, (7) Buyer Seller shall pay for any private transfer fee (8) Buyer Seller shall pay for (9) Buyer Seller shall pay for Buyer Seller shall pay for the cost, not to exceed 10) of a standard (or upgraded) one-year home warranty plan, issued by with the following optional coverage& [JAir Concld�ioner Pool/S pa JOther Buyer is informed that home warranty plans have many optional coverages in addition to those listed above. Buyer is advised to investigate these coverages to determine those that may be suitable for Buyer, ORt*] Buyer waives the purchase of a home warranty plan. Nothing in this paragraph precludes Buyer's purchasing a home warranty plan during the term of this Agreement. 8, ITEMS INCLUDED IN AND EXCLUDED FROM SALE: A. NOTE TO BUYER AND SELLER., Items listed as included or excluded in the MLS, flyers or marketing materials are not included in the purchase price or excluded from the safe unless specified in paragraph 8 B or C. B. ITEMS INCLUDED IN SALE: Except as otherwise specified or disclosed, (1) All EXISTING fixtures and fittings that are attached to the Property; (2) EXISTING electrical, mechanical, lighting, plumbing and heating fixtures, ceiling fans, fireplace inserts, gas logs and grates, solar power systems, built-in appliances, window and door screens, awnings, shutters, window coverings, attached floor coverings, television antennas, satellite dishes, air coolersfconditioners, poollspa equipment, garage door openers/remote controls, mailbox, in-ground landscaping, trees/shrubs, water features and fountains, water softeners, water purifiers, security systems1alarms and the following if checked° . all stove(s), except F] all refrigerators) except 11 washer(s) and dryer(s), except 11 yfa' (3) The following additional items: (4) Existing integrated phone and home automation systems, including necessary components such as intranet and Internet- connected hardware or clevices, control units (other than non - dedicated mobile devices, electronics and computers) and applicable software, permissions, passwords, codes and access information, are ( I,] are NOT) included in the sate, (6) LEASED OR LIENED ITEMS AND SYSTEMS: Seller shall, within the time specified in paragraph 14A, (i) disclose to Buyer if any item or system specified in paragraph 8B or othentvise included in the sale is leased, or not owned by Seller, or specifically subject to a lien or other encumbrance, and (i) Deliver to Buyer all written materials (such as lease, warranty, etc.) concerning any such item. Buyers ability to assume any such lease, or willingness to accept the Property subject to any such lien or encumbrance, is a contingency in favor of Buyer and Seller as specified in paragraph 14B and C. (6) Seller represents that all items included in the purchase price, unless otherwise specified, (i) are owned by Seller and shall be transferred free and clear of liens and encumbrances, except the items and systems, identified pursuant to 8B(4) and and (4) are transferred without Seller warranty regardless of value. C. ITEMS EXCLUDED FROM SALE: Unless otherwise specified, the following items are excluded from sale: (i) audio and video components (such as flat screen TVs, speakers and other items) if any such item is not itself attached to the Property, even if a bracket or other mechanism attached to the component or item is attached to the Property; (ii) furniture and other items secured to the Property for earthquake purposes; and (iii) Brackets attached to waills, floors or ceilings for any such component, furniture or item shall remain with the Property (or[]will be rem oved and holes or other damage shall be repaired, but not painted) Buyer's inffials( _)( _), Selleirs Inifials. H RPA-CA REVISED 11/14 (PAGE 3, OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 3 OF 10) Prcjdu,cedwilhzipForTrO,PtNzvpLogx 13070FOoenM ialRoad,Foa:sor,MkcWligan4gO,�6 m aWJggLv,= Nh—imn 05;1104116 CC AGENDA PAGE 310 DOCUSon Envelope rt): 24166BEO-2DC2-4A45-AE36-489AEEE70702 Property Address 105 Morrison St. BakonsfieldLCA 93309 Date: Aj ref 3.._2016 9. CLOSING AND POSSESSION. A. Buyer Intends (or [R does riot intend) to occupy the Property as Buyer's primary residence. B. Seller-occupled or vacant property: Possession shall be delivered to Buyer, (I) at 6 f1M1 or AM/ [ ] PMl on the date III) El at — El �_M PM on of Close Of Escrow; (if) E] no later than calendar days after Close Of Escrow; or ( 117, C. Seller remaining In possession Afte_rClose Of Escrow. If Seller has the right to remain In possession after Close Of Escrow, (I) the Parties are advised to sign a separate occupancy agreement such as [] C.A.F. Form SIP, for Seller continued occupancy of less than 30 days, [] C.A.R. Form RLAS for Seller continued occupancy of 30 days or more; and (ii) the Parties are advised to consult with their insurance and legal advisors, for information about liability and damage or injury to persons and personal and real property; and (hi) Buyer is advised to consult with Buyer's lender about the impact of Sellers occupancy on Buyer's loan. D. Tenant-occupled property: Property shall be vacant at $east 5 (or _ ) Days Prior to Close Of Escrow, unless otherwise agreed in writing. Note to Seller: If you are unable to deliver Property vacant In accordance with rent control and other OREplicable, Law, you may be In breach of this Agreement. ] Tenant to remain In possession (C.A, R. Form TIP), E. At Close Of Escrow• Seller assigns to Buyer any assignable warranty rights for items included in the sale„ and Seller shall Deliver to Buyer available Copies of any such warranties. Brokers cannot and will not determine the assignability of any warranties. F. At Close Of Escrow, unless otherwise agreed in writing, Seller shall provide keys, passwords, codes and/or means to operate all locks, mailboxes, security systems, alarms, home automation systems and intranet and Internet - connected devices included in the purchase price, and garage door openers. If the Property is a condominium or located in a common Interest subdivision, Buyer may be required to pay a deposit to the Homeowners' Association ("HOA") to obtain keys to accessible HOA facilities. 10. STATUTORY AND OTHER DISCLOSURES (INCLUDING LEAD-BASED PAINT HAZARD DISCLOSURES) AND CANCELLATION RIGHT$: A. (1) Seller shall, within the time specified In paragraph 14A, Deliver to Buyer, (I) if required by Law, a fully completed: Federal Lead-Based Paint Disclosures (C.A.R. Form FLD) and pamphlet ('Lead Disclosures'); and (if) unless exempt, fully completed disclosures or notices required by sections 1102 at. seq. and 1103 at, seq. of the Civil Code ("Statutory Disclosures'). Statutory Disclosures include, but are not limited to, a Real Estate Transfer Disclosure Statement ("TDS"), Natural Hazard Disclosure Statement ("NHD"), notice or actual knowledge of release of illegal controlled substance, notice of special tax and/or assessments (or, if allowed, substantially equivalent notice regarding the Mello-Roos Community Facilities Act of 1982 and Improvement Bond Act of 1915) and, if Seller has actual knowledge, of industrial use and military ordnance location (C.A.R. Form SPQ or SSD). (2) Any Statutory Disclosure required by this paragraph is considered fully completed if Seller has answered all questions and completed and signed the Seller section(s) and the Listing Agent, if any, has completed and signed the Listing Broker section(s), or, if applicable, an Agent Visual Inspection DPsdosure (C.A.R. Form AVID). Nothing stated herein relieves a Buyer's Broker, if any, from tile obligation to (I) conduct a reasonably competent and diligent visual inspection of the accessible areas of the Property and disclose, on Section IV of the TO$, or an AVID, material facts affecting the value or desirability of the Property that were or should have been revealed by such an inspection or (4) complete any sections on all disclosures required to be completed by Buyer's Broker, (3) Note to Buyer and Seller: Waiver of Statutory and Lead Disclosures is prohibited by Law, (4) Within the time specified in paragraph 14A, (1) Seller, unless exempt from the obligalion to provide a TDS, shall, complete and provide Buyer with a Seller Property Questionnaire (C.A.R. Form SPO); (i) if Seller is not required to provide a TDS, Seller shall complete and provide Buyer with a Supplemental Contractual and Statutory Disclosure (C.A.R. Form SSD) (5) Buyer shall, within the time specified in paragraph 148(1), return Signed Copies of the Statutory, Lead and other disclosures to Settler. (6) In the event Seiler or Listing Broker, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy in disclosures, information or representations previously provided to Buyer,. Seller shall promptly provide a subsequent or amended disclosure or notice, in writing, covering those items. However, a subsequent or amended disclosure shall not be required for conditions and material inaccuracies of which Buyer is otherwise aware, or which are disclosed In reports provided to or obtained by Buyer or ordered and paid for by Buyer. (7) If any disclosure or notice specified in paragraph 10A(1), or subsequent or amended disclosure or notice is Delivered to Buyer after the offer is Signed, Buyer shall have the right to cancel this Agreement within 3 Days After Delivery in person, or 5 Days After Delivery by deposit in the mail, by giving written notice of cancellation to Seller or SeRer's agent. B. NATURAL AND ENVIRONMENTAL HAZARD DISCLOSURES AND OTHER BOOKLETS; Within the lime specified In paragraph 14A, Seller shall, if required by Law: (1) Deliver to Buyer earthquake guide(s) (and questionnaire), environmental hazards booklet, and home energy, rating pamphlet (11) disclose if the Property is located in a Special Flood Hazard Area; Potential Flooding (Inundation) Area; Very High Fire Hazard Zone; State Fire Responsibility Area, Earthquake Fault ;Zone' and Seismic Hazard Zone; and (Ili) disclose any other zone as required by Law and provide any other information required for those zones. C, WITHHOLDING TAXES: Within the time specified in paragraph 14A, to avoid required withholding, Seller shall Deliver to Buyer or qualified substitute, an affidavit sufficient to comply with federal (FIRPTA) and California withholding Law (C.A.R, Form AS or QS). D. MEGAN'S LAW DATABASE DISCLOSURE. Nofice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca,gov. Depending on an offenders criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Seller nor Brokers are required to check this website, if Buyer wants further Information, Broker recommends that Buyer obtain information from this websile during Buyer's Inspection contingency period. Brokers do not have expertise in this area.) E. NOTICE REGARDING GAS AND HAZARDOUS LIQUID TRANSMISSION PIPELINES: This notice is being provided simply to inform you that information about the general location of gas and hazardous liquid transmission pipelines is available to the public via the National Pipeline Mapping System (NPMS) Internet Web site maintained by tile 'United States Department of Transportation at http:llwww.npma.phmsa.dot.gov/. To seek further information about possible transmission pipelines near the Property, You may contact your local gas utility or other pipeline operators in the area. Contact Information for pipeline operators is searchable by ZIP Code and county on the NPMS Internet Web site, Buyer's initials Seller's Initials RPA-CA REVISED 11114 (PAGE 4 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RIPA-CA PAGE 4 OF 10) Pmduced Wit, ZPj)T'Mrr* by ZAPILDOX 18070 Firlowl Mite Nbad, Ffaser, Whigart 0026 gmmLz2L&UV, �= 05;1104116 CC AGENDA PA GE 311 DocuSIgn Envelope ID, ;.141666ED-2DC2-4A45-AE�36-4BDAEEE70,7D2 Property Addres& 105 Morrison St,.Bakersfield CA 93309 Date F. CONDOMINIUMIPLANNED DEVELOPMENT DISCLOSURES- (1) SELLER HAS. 7 (or _ ) Days After Acceptance to disclose to Buyer if the Property is a condominium, or is located in a planned development or other conirriDn Interest subdivision (C.A.R. Form SPO or SSD). (2) If the Property is a condominium or is located in a planned development or other common Interest subdivision, Seller has 3 (or _ ) Days After Acceptance to request from the HOA (C.A.R. Form FIOAI) : (1) Copies, of any documents required by Law: (11) disclosure of any pending or anticipated claim or litigation by or against the HO& (M) a staternent containing the tocation and number of designated parking and storage spaces, (Iv) Copies of the most recent 12 months of HOA minutes for regular and special meefingsi and (v) the names and contact information of all HOAs governing the Property (collectively, "Cl DiSC40SUres"), Seller shall itemize and Deliver to Buyer all Cl Disclosures received from the 140A and any Cl Disclosures in Settees possession, Buyer's approval of Cl Disclosures is a contingency of this Agreement as specified in paragraph 1413(3). The Party specified in paragraph 7, as directed by escrow, shall deposit funds into escrow or direct to HOA or management company to pay for any of the above. 11. CONDITION OF PROPERTY:: Unless, otherwise agreed in writing: (1) the Property is sold (a) 'AS-IS" in its PRESENT physical conchlion as of the date of Acceptance and (b) subject to Buyer's Investigation rights, (it) the Property, including pool, spa, landscaping and gFOunds is to be maintained in substantially the same condition as on the date of Acceptance; and (ill) all debris and personal property not in,duded in the sale shall be removed by Close Of Escrow, X Seller shall, within the time specified in paragraph 14A, DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS affecting the Property, including known insurance claims within the past five years, and make any and all other disclosures required by law. S. Buyer has the right to conduct Buyer Investigations of the Property and, as specified in paragraph 14B, based upon information discovered in those investigations- (I) cancel this Agreement; or (ii) request that Seller make Repairs, or take other action, C. Buyer Is strongly advised to conduct Investigations of the entire Property in order to determine its present condition, Seller may not be aware of all defects affecting the Property or other factors that Buyer considers importanL Property improvements may not be built according to code, in compliance with current Law, or have had permits Issued, 12. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY., A, Buyer's acceptance of the condition of, and any other matter affecting the Property, is a contingency of this Agreement as specified In this paragraph and paragraph 14B. Within the time specified in paragraph 1413(1), Buyer shall have the right, at Buyer's expense unless otherwise agreed, to conduct inspections, Investigations, tests, surveys and other studies ("Buyer Investigations"), including, but not limited to, the right to: (I) inspect for lead-based paint and other lead-based paint hazards; (it) inspect for wood destroying pests and organisms. Any inspection for wood destroying pests and organisms shall be prepared by a registered Structural Pest Control company; shall cover the main building and attached structures; may cover detached structures; shall NOT include water tests of shower pans on upper level unit$ unless the owners of property below the shower consent; shall NOT Include roof coverings; arid, if the Property is a unit in a condominium or other common Interest subdivision, the inspection shall include only the separate interest and any exclusive- use areas being transferred, and shall NOT Include common areas; and shall include a report ("Pest Control Report") showing the findings of the company which shall be separated into sections for evident Infestation or Infections (Section 1) and for conditions likely to lead to infestation or infection (Section 2),-, (Ili) review the registered sex offender database; (Iv) confirm the insurability of Buyer and the Property including the availability and cost of flood and fire insurance, (v) review and seek approval of leases that may need to be assumed by B,Uyer; and (vi) satisfy Buyer as to any matter specified in the attached Buyer's Inspection Advisory (C.A.R. Form BIA). Without Seller's prior written consent, Buyer shall neither make nor cause to be made. (1) invasive or destructive Buyer Investigations except for minimally invasive testing required to prepare a Pest Control Report; or (11) inspection's by any governmental building or zoning inspector or government employee, unless required by Law. B. Seller shall inake the Property available, for all Buyer Investigations, Buyer shall (i) as specified in paragraph 14B. complete Buyer Investigations and either remove the contingency or cancel this Agreement, and (it) give Seller, at no cost, complete Copies of all such Investigation reports obtained by Buyer, which obligation shall survive the termination of this Agreement. C. Seller shall have water, gas, electricity and all operable pilot lights on for Buyer's Investigations and through the date possession is inside available to Buyer. D. Buyer Indemnity Wand seller protection for entry upon prop". Buyer shall: (t) keep the Property free and clear of liens; (11) repair all damage arising from Buyer Investigations; and ('111) indemnify and hold Seller harmless from all resulting liability, claims, demands, damages and costs. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry, policies of liability, workers' compensation and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring during any Buyer Investigations or work done on the Property at Buyer's direction prior to Close Of Escrow. Seller is advised tbat certain protections may be afforded Seller by recording a "Notice of Non-Responsibility" (C.A.R. Form NNR) for Buyer Investigations and work done on the Property at Buyer's direction. Buyer's obligations under this paragraph shall survive the termination of this Agreement. 13. TITLE AND VESTING, A, Within the time specified in paragraph 14, Buyer shall be provided a current preliminary title report ("Preliminary Report"), The Preliminary Report is only an offer by the title insurer to issue a policy of title insurance and may not contain every item affecting title. Buyers review of the Preliminary Report and any other matters which may affect title are a contingency of this Agreement as specified in paragraph 143, The company providing the Preliminary Report shall, prior to issuing a Preliminary Report, conduct a search of the General Index for Ill Sellers except banks or other institutional lenders selling properties they acquired through foreclosure (REOs), corporations, and government entitles. Seller shall within 7 Days After Acceptance, give Escrow Holder a completed Statement of Information. M Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters, whether Of record or not, as of the date of Acceptance except for: (1) monetary liens of record (which Seller is obligated to pay off) unless Buyer is assuming those obligations or taking the Property subject to those obligations; and (it) those matters which Seller has agreed to remove in writing, C. Within the time specified in paragraph 14A, Seller has a duty to disclose to Buyer all matters known to Seller affecting title, whether of record or not. D. At Close Of Escrow, Buyer shall receive a grant deed conveying title (or, for stock cooperative or long-term lease, an assignment of stock certificate or of Seller's leasehold interest), including oil, mineral and water rights if currently owned by Seller. Title shall vest as designated In Buyer's supplemental escrow instructions, THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT' LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL. Buyer's initials ( ( Seller's Initials RPA-CA REVISED 11114 (PAGE 5 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 5 OF 10) PmAured Mfh mpF=0 iV Aptcox M070 Fiti We Road, Fraser, Whigm 48026 N101 05;1104116 CC AGENDA PAGE 312 DocuSign Envelope ID: 241666ED-2DC2-4A4EAE3�6.4B9AEEE707r)2 Property Address, 105 Morrison St Bakersfield, CA 93309 Date` Apdl-.171-2016-- Buyer shall receive ---- -a (5UT-4/ALTA "Homeowners Policy of Title Insurance', if applicable to the type of property arid buyer, If not, E. Escrow Holder shalt notify Buyer A title company can provide information about the availability, coverage, and cost of other title., policies and endorsement,,, If Pie Homeowner's Policy is not available, Buyer shall choose another policy, Instruct Escrow Holder in writing and shall pay any increase in cost. 14, TIME PERIODS,; REMOVAL OF CONTINGENCIE% CANCELLATION RIGHTS: The following time periods may only be extended, altered, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph by either Buyer or Seller must be exercised In good faith and In writing (C.A,,R. Form CR or CC). A. SELLER HAS: 7 (or _ ) Days After Acceptance to Deliver to Buyer all Reports, disclosures and information for which Seller is responsible under paragraphs 5, 6, 7, 88(4), 1 OA, B, C, and F, 11A and 13A. If, by the time specified, Seller has not Delivered any such item, Buyer after first Delivering to Seller a Notice to Seller to Perform (C.A.R. Form NSP) may cancel this Agreement. 13.(1) BUYER HAS: 17 (or 1d ) Days After Acceptance, unless otherwise agreed in writing, to: (I) complete all Buyi-r—Investigations; review all disclosures, reports, lease documents to be assumed by Buyer pursuant to paragraph 8B(4), and other applicable Information, which Buyer receives from Seller: and approve all matters affecting the Property; and (11) Deliver to Seller Signed Copies of Statutory and Lead Disclosures and other disclosures Delivered by Seller in accordance with paragraph 10A. (2) Wthin the time specified in paragraph 14B(1), Buyer may request that Seller make repairs or take any other action regarding the Property (C.A.R. Form RR). Seller has no obligation to agree to or respond to (C.A.R. Form RRRR) Buyer's requests. (3) By the end of the time specified in paragraph 14B(1) (or as otherwise specified in this Agreement), Buyer shall Deliver to Seller a removal of the applicable contingency or cancellation (C,A.R. Form CR or CC) of this Agreement. However, If any report, disclosure or information for which Seller is responsible is not Delivered within the firrie specified In paragraph 14A, then Buyer has 5 (or — ) Days After Delivery of any such Items, or the time specified in paragraph 148(1), whichever is later, to Deliver to Salter a removal of the applicable contingency or cancellation of this Agreement. (4) Continuation of Contingency, . Even after the end of the time specified in paragraph 14B(1) and before Seller cancels, if at all, pursuant to paragraph 14C, Buyer retains the right, in writing, to either (i) remove remaining contingencies, or (ii) cancel this Agreement based on a remaining contingency, Once Buyer's wiritten reinnoval of all contingencies is Delivered to Selfer, Seller may not cancel this Agreement pursuant to paragraph 14C(1). C. SELLER RIGHT TO CANCEL: (1) Seller right to Cancel; Buyer Contingencies: If, by the time specified in this Agreement, Buyer does not Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement, Ifien, Seller, after first Delivering to Buyer a Notice to Buyer to Perform (C.A.R, Form NBP), may cancel this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer. (2) Seller right to Cancel; Buyer Contract Obligations- Seller, after first delivering to Buyer a NBP, may cancel this Agreement if, by the time specified in this, Agreement, Buyer does not take the following action(s): (ii) Deposit funds as required by paragraph 3A, or 3B or if the funds deposited pursuant to paragraph 3A or 3B are not good when deposited, (it) Deliver a notice of FHA or VA costs or terms as required by paragraph 30(3) (C.A,R. Form FVA); (it!) Deliver a letter as required by paragraph; 3J(1); (Iv) Deliver verification, or a satisfactory verification If Seller reasonably disapproves of the verification already provided, as required by paragraph X or 31-1; (v) In writing assume or accept leases or liens specified in 05; (vi) Return Statutory and Lead Disclosures as required by paragraph I OA(5); or (vil) Sign or initial a separate liquidated damages form for an increased deposit as required by paragraphs 3B and 21 B; or (vill) Provide evidence of authority to sign in a representative, capacity as specified in paragraph 19. In such event, Seller shall authorize the return of Buyer's deposit, except for fees Incurred by Buyer. M NOTICE TO BUYER OR SELLER TO PERFORM: The NBP or NSP shall. (1) be in writing- (it) be signed by the applicable Buyer or Seller; and (III) give the other Party at least 2 (or _ ) Days After Delivery (or until the time specified in the applicable paragraph, whichever occurs last) to take the applicable action. A NBP or NSP may not be Delivered any earlier than 2 Days Prior to the expiration of the applicable time for the other Party to remove a contingency or cancel this Agreement or meet an obligation specified in paragraph 14. E, EFFECT OF BUYER'S REMOVAL OF CONTINGENCIES: If Buyer removes, in writing, any contingency or cancellation rights, unless otherwise specified in writing, Buyer shall conclusively be deemed to have (1) completed all Buyer Investigations, and review of reports and other applicable information and disclosures pertaining to that contingency or cancellation right (it) elected to proceed with the transaction„ and (M) assumed all liability, responsibility and expense for Repairs or corrections pertaining to that contingency or cancellation right, or for the inability to obtain financing. F. CLOSE OF ESCROW, Before Buyer or Seller may cancel this Agreement for failure of the other Party to close escrow pursuant to this Agreement, Buyer or Seller must first Deliver to the other Party a: demand to close escrow (C.A.R. Form DCE). The DCE shall: (1) be signed by the applicable Buyer or Seller; and (11) give the other Party at least 3 (or _ ) Days After Delivery to close escrow. A OCE may not be Delivered any earlier than 3 Days Prior to the scheduled close of escrow. G, EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised under the terms of this Agreement, the Panties agree to Sign mutual Instructions to cancel the sale and escrow and release deposits, if any, to the party entitled to the funds, less fees and costs incurred by that party. Fees and costs may be payable to service providers and vendors for services, and products provided during escrow. as specified below, release of funds will require mutual Signed release Instructions from the Parties, judicial decision or arbitration award. If either Party, fails to execute mutual Instructions to cancel escrow, one Party may make a written demand to Escrow Holder for the deposit. (C.A.R. Form BDRD or SDRD). Escrow Holder, upon receipt, shall promptly deliver notice of the demand to the other Party. If, within 10 Days After Escrow Holder's notice, the other Party does not object to the demand, Escrow Holder shall disburse the deposit to the Party making the demand. If Escrow Holder complies with the preceding process, each Party shall be deemed to have released Escrow Holder from any and all claims or liability related to the disbursal of the deposit, Escrow Holder, at its discretion, may nonetheless, require mutual cancellation instructions. A Party may be subject to a civil penalty of up to $11,000 for refusal to sign cancellation Instructions If no good fifth dispute exists as to who Is entitled to the deposited funds ('Civil Code §1057.3). 15, FINAL VERIFICATION OF CONDITION. Buyer shalt have the right to make a final verification of the Property within 6 (or Days Prior to Cbse Of Escrow, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (1) the Property is maii air rd �ed pursuant to paragraph 11 (II) Repairs have been completed as agreed and (III) Seller has compiled with Sellers other obligations under this Agreement (C.A.R. Form Vp), Buyer's Initials ( _) ( _) Seller's Initials ( —) RPA-CA REVISED 11114 (PAGE 6 OF 10) -K4�- ) ( CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (IRPA-CA PAGE 6 OF 10) Pmduced w0h &PF0fmP by zipLo Dix '18070 Nfleen We Road', Fraser, Miichigaq 48026 A2ffiZLQWX,0M 05;1104/16 CC AGENDA PAGE 313 DocuSign Envelope ID, 241666EO-2DC2-4A45-,AE3C,-4139AEFE707D2 Property Address: 105 Morrison St Bakersrie d CA 93309 Date: pEiL3, 2016 % REPAIRS,: Repairs shall be completed prior to final verification of condition unfess otherwise agreed in writing. Repairs to be performed Setier's expense may be performed by Seller or through others, provided that the work complies with applicable Law, including governmental permit, Inspection and approval requirements. Repairs shall be performed In a good, skillful manner with materials of quality and appearance comparable to existing materials. It is understood that exact restoration of appearance or cosmetic items following all Repairs may not be possible. Seller shaT (1) obtain invoices and paid receipts for Repairs performed by others- (11) prepare a written statement indicating the Repairs performed by Seller and the date of such Repairs, and (ill) provide Copies of jnv�jces and paid receipts and statements to Buyer prior to final verification of condition, 17. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS, Unless otherwise agreed in writing, the following items shall be PAID CURRENT and prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, rents, HOA regular, special, and emergency dues, and assessments imposed prior to Close Of Escrow,, premiums on insurance assumed by Buyer, payments on bonds and assessments assumed by Buyer, and payments on Mello-Roos and other Special Assessment District bonds and assessments that are now a lien. The following items shag be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello-Roos and other Special Assessment District bonds and assessments and HOA special assessments that are now a lien but not yet due. Property will be reassessed upon change of ownership. Any supplemental tax bills shall be paid as follows: (1) for periods after Close Of Escrow, by Buyer; and (11) for periods Prior to Close Of Escrow, by Seller (see C.A.R. Form SPT or SBSA for further information). TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER, Prorations shall be made based on a 30-day month. 18. BROKERS. A. COMPENSATION. Seller or Buyer, or both, as applicable, agree to pay compensation to Broker as specified in a separate written agreement between Broker and that Seller or Buyer. Compensation is payable upon Close Of Escrow, or if escrow does not close, as otherwise specified in the agreement between Broker and that Seller or Buyer. B. SCOPE OF DUTY: Buyer and Seller acknowledge and agree that Broker: (I) Does not decide what price Buyer should pay or Seller should accept„ (11) Does not guarantee the condition of the Property; (it[) Does riot guarantee the performance, adeClUacy or completeness of inspections, services, products or repairs provided or made by Seller or others; (iv) Does not have an obligation to conduct an inspection of common areas or areas off the site of the Property, (v) Shall riot be responsible for identifying defects on the Property, In common areas, or offste unless such defects are visually observable by an Inspection of reasonably accessible areas, of the Property or are known to Broker; (vi) Shall riot be responsible for inspecting public records or permits concerning the title or use of Property; (vii) Shall not be responsible for identifying the location of boundary liner, or other ftems, affecting title; (viii) Shall not be responsible for verifying square footage, representations, of others or information contained in Investigation reports, Multiple Listing Service, advertisements, flyers or other promotional malerial„ (N) Shall not be responsible for determining the fair market value of the Property or any personal property included In the sale♦ (x) Shall not be responsible for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller; and (xi) Shall not be responsible for providing other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed activity, Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from appropriate professionals, 19. REPRESENTATIVE CAPACITY. If one or more Parties is signing this Agreement in a representative capacity and not for him1herself as an individual then that Party shall so indicate in paragraph 31 or 32 and attach a Representative Capacity Signature Disclosure (CA.R. Form RCSD), Wherever the signature or initials of the representa live identified In the RCSD appear on this Agreement or any related documents, it shall he deemed to be in a representative capacity for the entity described and not in an individual capacity, unless otherwise indicated. The Party acting in a representative capacity (1) represents that the entity for which that party is acting, already exists and (ii) shall Deliver to the other Party and Escrow Holder, within 3 Days After Acceptance, evidence of authority to act in that capacity (such as but not limited to• applicable portion of the trust or Certification Of Trust (Probate Code §18100.5), letters, testamentary, court order, power of attorney, corporate resolution, or formation document's of the business entity), 20, JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER- A.. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow Instructions of Buyer and Seller to Escrow Holder,, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow: paragraphs 1, 3, 4B, 5A, 6„ 7, 110C„ 13, 14G, 17, 18A,, 19, 20, 26, 29, 30, 31, 32 and paragraph D of the section filled Real Estate Brokers on page 10. If a Copy of the separate compensation agreement(s) provided for in paragraph 18A, or paragraph D of the section titled Real Estate Brokers on page 10 is deposited with Escrow Holder by Broker, Escrow Holder shall accept such agreement(s) and pay out from Buyer's or Seller's funds, or both, as applicable, the Broker's compensation provided for in such agreernent(s). The terms and conditions of this Agreement not set forth in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder's general provisions, if any, directly from Escrow Holder and will execute such provisions within the time specified in paragraph 7C(1)(c). To the extent the general provisions are inconsistent or conflict with this Agreement, the general provisions will control! as to the duties and obligations of Escrow Holder only. Buyer and Seller will execute additional instructions, documents and forms provided by Escrow Holder that are reasonably necessary to close the escrow and, as directed by Escrow Holder, within 3 (or _ ) Days, shall! pay to Escrow Holder or HOA or HOA management company or others any fee required by paragraphs 7, 10 or elsewhere in this Agreement. B. A Copy of this Agreement including any counter offer(s) and addenda shall be delivered to Escrow Holder within 3 Days After Acceptance (or _ ). Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller is riot affected by whether or when Escrow Holder Signs this Agreement. Escrow Holder shall provide Seller's Statement of Information to Title company when received from Seller. If Seller delivers an affidavit to Escrow Holder to satisfy Seller's FIRPTA obligation under paragraph 10C, Escrow Holder shall deliver to Buyer a Qualified Substitute, statement that complies with federal Law, C. Brokers are a party to the escrow for the sole Purpose of compensation pursuant to paragraph 18A and paragraph D of the section titled Real Estate Brokers on page 10, Buyer and Seller irrevocably assign to Brokers compensation specified In paragraph 18A, and irrevocably instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow of pursuant to any other mutually executed cancellation agreement, Compensation instructions can be amended or revoked only with the written consent of Brokers. Buyer and Seller shall release and hold harmless Escrow Holder from any liability resulting from Escrow Holder's payment to Broker(s) of compensation pursuant to this Agreement. Buyers Initials ( ( Seller's initials ( RPA.CA REVISED 11114 (PAGE 7 OF 10) 1211, CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 7 OF 10) Prt)dNitedwy hzipFom*lebyzipLogjx saw�a•i %Urrkan 05;1104116 CC AGENDA PAGE 314 DOCUSdgn Envelope III 241666E- ZDC2- 4A45_AE3C) aB9AEEE70702 Property Address, 105 ('(Morrison St Bakersfield CA 933119 Date: All/ 2016 _ D. Upon receipt, Escrow Holder shall provide aeller and Seirer's Broker uerui¢cation of Buyer "s deposit of hinds pursuant to paragraph 3A and 3B. truce Escrow Holder heCOmTies aware of any of the foilo}"ving, Escrow Flo shall immediately notify all Brokers.: (i) 4f Buyer's Initial or any addiflonal deposit or dowry payment ms not madm paprstiarnt to thds Agreement, or is not good at time of deposit.. with Escrow Holder; or (i) if Buyer and Seller instruct Escrow Holder to cancel escrow. E. A Copy of any amendment that affects any paragraph of than Agreement for which Escrow Holder is responsible shall be delivered to Escrow Holder within 3 Days after mutual execution of the amendment, 21.AE*EDI'ES FOR BUYER'S BREACH OF CONTRACT: A. Anyi °dtauae- added by the Parties specifying a remedy (such as release or forfeiture of deposit or Making a deo6sit non - refundable) for' o(" Buyer to complete the purchase in violation of this AgreerentseI) hie deemed invalid unless the clause independentljr atisfs Otte statutory liquidated damages w ;gttit�tants set forth in the Civil Code.. B. LIQUIDATED DAMAGES: If Buyer falls to coh'i"pleta,.#hI� purchase,el c Uie of Buyer's default, Seller shall retain, as liquidated damages, the deposit actually lard If,;the.�t w Ie is, dwelling with no more than four units, one of which Buyer Intends to occupy„ then thg aRtollft retained shall be air "Moire- an 3% of the purchase price. Any excess shall be returned to Buayer: -E�" c pt as provided in paragraph 14G, relea d' °of funds will require mutual, Signed release unstru 6sIT " BUYER AND SELLER SHALL SIGN A SEPARATE LIQUIDATED, DAMAGE E OF om both Buyer and Seller, judicial decision( TINE TIME INC RtITING THE INCREASED DEPOSIT AS LIQUIDATED DAMAGES ard:.,AT 'S PCVISIIN ANY INCRE�SECt�I�"OSlT Bid G.Aw.R. FORM RID). .. Settees Initials 1 22, DISPUTE RESCILUTICtiN: _� A. MEDIATION- The Parties agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction before resorting to arbitration or Court action through the C.A.R. meal Estate Mediation Center for Consumers (www.cotisumeriiiediatlon.org) or through any other mediation provider or service mutually agreed to by the Parties. The Party -es also agree to mediate any disputes or claims with Broker(s), who, In writing, agree to such mediation prior to, or within a reasonable time after, the dispute or claim Is presented to the Broker. Mediation fees„ if any, shall he divided equally, among the Parties involved, If, for any dispute or claim to which this paragraph, applies, any Marty (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that Party shall not be entitled to recover attorney fees, even, if they would otherwise be available to that Party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. Exclusions from this mediation agreement are specified In paragraph 22C, B °- AARBITRATION OF DISPUTES: The Pali s agree that any dispute or claim In Law or equity arising between theta out of this Agreement y resulting transaction, which is not settled through mediation, shall be decided by neutral, bindin g a rbitr tilon. The Parties also agree td"arb)trate any disputes or claims with Broker(s), who, in writing, agrev, tb such arbitration prior to, or within a reasonab "lMetrlrte after, the dispute or claim is presented to the Broker'': The arbitrator shall be a retired judge or justice, or an attr�Nruey with at least r years of residential real e tat Lawtr experience, unless the parties mutually agree to a different arbitia for, , The Parties shall have the figh t' i Ito discovery in accordance with Bode of Civil Procedure 1283,05. In all other °rd'sp cts, the arbitration° all be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure, Judgment upon the- arward of the arbitrator(s) may be entered into any court having jurisdiction. Enforcement of this agreeuin"Oni to arbitrate shall be governed by the (Federal Arbitration Act. Exclusions from this arbitration agreem rrt'are spec in paragraph 22C. "NOTICE. BY INITIALLING IN THE SPACE WC t7WM1N YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED- 1I+1 THE 'ARBITRA'TION OF blS°PUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED D BY CALIFORNIA LAW AND YOU ARE GIVING LIP ANY RIGHT'S YOU MIGHT POSSESS TO-"HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE ,PEL ik YOU ARE GIVING LIP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, �, UNLESS SE " RIGHTS ARE (SPECIFICALLY INCLUDED IN THE 'ARBITRATION CAP'° DI PiuTE ' EFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, .. YOU MAY BE CQMP LLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF ("lfil,. PROCEIIU` L YOUR AGREEMENT TO THIS, ARBITRATION PROVISION IS VOLUNTARY. " "W'Y HAVE REAL} AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF T'H'E MATTER'S INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION."" Seller's Initials d' C. ADDITIONAL MEDIATION AND ARBITRATION TERMS: (1) EXCLUSIONS. The following, matters are excluded from mediation and arbitration: (1) a judicial or non judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined In Civil Code §2985; (it) an unlawful detainer action, and (Ill) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. (2) PRESERVATION OF ACTIONS: The following shall not constitute a waiver nor violation of the mediation and arbitration provisions; (1) the filing of a court action to preserve a statute of limitations, (i,) the filing of a court action to enable the recording of a notice of pending action, for order of attachment receivership, injunction,, or other provisional remedies; or (III) the filing of a mechanic's Mein„ (3) BROKERS, Brokers shall not be obligated nor compelled to mediate or arbitrate unless they agree to do so In writing. Any Brokers) participating in mediation or arbitration shall' not be deemed a party to this Agreement. Buyer's Initials ( _ ) ( _) Sellers Initials ( ) ( ) RPA -CA REVISED 11114 (PAGE S OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT ('RPA -CA PAGE B OF 10) Fir duce d wit alpF rme by sip&.00x 16070 r'uNMeen Mile Road, Fraser, MxNgan 48026 AMW ZI&"N ggL'S,=. Nl"r "rir"xer 05104116 CC AGENDA PAGE ,31.E DocuSign Envelope ID: 241666EO,-2DC2-4A45-AE36-4B9AEEE707D2 Property Address: 105 Morrisall $I Bakersfield CA 93309 Date . 6pril zl 2016 23. SELECTION OF SERVICE PROVIDERS: Brokers do not guarantee the performance of any vendors, service or product providers ("Providers'), whether referred by Broker or selected by Buyer, Setter or other person. Buyer and Seller may select ANY Providers of their own choosing, 24. MULTIPLE LISTING SERVICE ("MLS"): Brokers are authorized to report to the MLS a pending sale and, upon Close Of Escrow, the sales price and other terms of this transaction shall be provided to the MLS to be published and disseminated to persons and entities authorized to use the Information an terms approved by the MLS. 25. ATTORNEY FEES: In any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorney fees and costs from the non-prevailing Buyer or Seller, except as provided in paragraph 22A. 26. ASSIGNMENT: Buyer shall not assign all or any part of Buyer's interest in this Agreement without first having obtained the separate written consent of Seller to a specified assignee. Such consent shall not be unreasonably withheld. Any total or partial assignment shall not relieve Buyer of Buyer's obligations pursuant to this Agreement unless otherwise agreed in writing by Seller, (CA.R. Form AOAA), 27, EQUAL HOUSING OPPORTUNITY: The Property is sold in compliance with federal, state and local anti-discriminafion Laws, 28. TERMS AND CONDITIONS OF OFFER- This is an offer to purchase the Property on the above terms, and conditions. The liquidated damages paragraph or the arbitration of disputes paragraph is incorporated In this Agreement if initialed by all Parties or if incorporated by mutual agreement in a counter offer or addendum. If at least one but not all Parties initial, a counter offer is required until agreement is reached. Wier has the right to continue to offer the Property for sale and to accept any other offer at any time prior to notification of Acceptance. The Parties have read and acknowledge receipt of a Copy of the offer and agree to the confirmation of agency relationships. If this offer is accepted and Buyer subsequently defaults, Buyer may be responsible for payment of Brokers' compensation, This Agreement and any supplement, addendum or modification, including any Copy, may be Signed in two or more counterparts, all of which shall constitute one and the same writing. 29, TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES- Time is of the essence. All understandings between the Parties are incorporated in this Agreement. Its terms are intended by the Parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral Agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Except as otherwise specified, this Agreement shall be Interpreted and disputes shall be resolved in accordance wth the Laws of the State of California, Neither this Agreement nor any provision in It may be extended, amended, modified, altered or changed, except in writing Signed by Buyer and Seller. 30. DEFINITIONS: As used in this Agreement: A. "Acceptance" means the firne the offer or final counter offer is accepted! in writing by a Party and is delivered to and personally received by the other Party or that Party's authorized agent in accordance with the terms of this offer or a final counter offer, B. "Agreement"' means this document and any counter offers and any incorporated addenda, collectively forming the binding agreement between the Parties. Addenda are incorporated only when Signed by all Parties. C. "C.A.P_ Form" means the most current version of the specific form referenced or another cornparable form agreed to by the parties. M "Close Of Escrow", including 'COE". rneans, the date the grant deed, or other evidence of transfer of title, is recorded. E. "Copy" means copy by any means including photocopy, NCR, facsimile ands electronic. F. "Days" means calendar days. However, after Acceptance, the last Day for performance of any act required by this Agreement (including Close Of Escrow) shall not Include any Saturday, Sunday, or legal holiday and shall instead be the next Day. G. "Days After" means the specified number of calendar days after the occurrence of the event specified, not counting the calendar date on which the specified event occurs, and ending at 11!59 PM on the final day. H. "Days Prior" means the specified number of calendar days before the occurrence of the event specified, not counting the calendar date on which the specified event is scheduled to occur. 1, "Deliver", "Delivered" or "Delivery", unless otherwise specified in writing, means and shall be effective upon: personal receipt by Buyer or Seller or the individual Real Estate Licensee for that principal as specified in the section titled Real Estate Brokers on page 10, regardless of the method used (i.e,, messenger, mail, email, fax, other). 1 "Electronic Copy" or "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law, Buyer and Seller agree that electronic means will not be used by either Party to rnodify or alter the content or integrity of this Agreement without the knowledge and consent of the other Party, K "Law" means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, county, state or federal legislative, Judicial or executive body or agency, L. "Repairs" means any repairs (including pest control), alterations, replacements, modifications or retrofitting of the Property provided for under this Agreement. M. "Signed" means either a handwritten or electronic signature on an original docurnent, Copy or any counterpart, 31. EXPIRATION OF OFFER: This offer shall be deemed revoked and the deposit, if any, shall be returned to Buyer unless the offer is Signed by Seller and a Copy of the Signed offer is personally received by Buyer, or by who is authorized to receive it, by 5:00 PM on the third Day after this offer is signed by_ Buyer (or on _.. (date)). ane or more Buyers is signing this Agreement in a representative capacity and not for him/herself as an individual. See attached Representative Capacity Signature Disclosure, (C.A.R. Form RCSD) for additional terms. Date BUYER 011I P "A _31 (Print name) 7'he Date BUYER (Print name) F] Additional Signature Addendum attached (C,A,R. Form ASA), RPA-CA REVISED 11114 (PAGE 9 OF 10 Sellers Initials M CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 9 OF 10) Pmduced w1h zifforrW by zirkop 18070 Fifteen Mile Road, Fraw, WNgafl 49077, NivrHun 05;1104116 CC A GENDA PA GE 316 DocuSign Envelope ID: 241666ED-2D C2-4A45-AE36.4BgAEEE707D2 Property Address: 105 Morrison St Bakemfleld CA 93309 Date. ApEll 3 2016 32- ACCEPTANCE OF OFFER: Seller warrants that Seller is the owner of the Property, or has the authority to execute this Agreement. Seller accepts the above offer, and agrees to sell thews an the above terms and conditions, Seller has read and acknowledges receipt of a Copy of this Agreement, and authorizes Broker to Deliver a Signed Copy to Buyer. E] (if checked) SELLER'S ACCEPTANCE IS SUBJECT TO ATTACHED COUNTER OFFER (C.A,R. Form SCO or SMCO) DATED: F1 one or more Sellers is signing this Agreement in a representative capacity and not for him/herself as an individual. See attached Representative Capacity Signature Disclosure (C,A,R, Form RCSD) for ariciftional terms. Date SELLER (Print name) Date (Print name) SELLER Additional Signature Addendum atta APPROVED By Karen, Carrillo at 8,42 am, Apr 12, 2016 (_/_) ('Do, not Initial If making a-5—u—ntWir—offen) CONFIRMATION OF ACCEPTANCE: A Copy of Signed Acceptance was (Initials) ersonaF111 received by Buyer or Buyer's authorized agent on (date) at Alf PM. A binding Agreement Is created when a Copy of Signed Acceptance is personally received by I§uyer or Buyers authorized agent whether or not confirmed in this document. Completion of this confirmation Is not legally required in order to create a binding Agreement; It Is solely Intended to evidence the date that Confirmation of Acceptance has occurred. REAL ESTATE BROKERS: A. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. B. Agency relationships are confirmed as stated In paragraph 2. C. If specified in paragraph 3A(2), Agent who submitted the offer for Buyer acknowledges receipt of deposit D, COOPERATING BROKER COMPENSATION. Listing Broker agrees to pay Cooperating Broker (Selling Firm) and Cooperating Broker agrees to accept, out of Listing Broker's proceeds in escrow, the amount specified in the MLS, provided Cooperating Broker is a Participant of the MLS In which the Property is offered for sale or a reciprocal MLS. If Listing Broker and Cooperating Broker are not both Participants of the MLS,, or a reciprocal MILS, in which the Property Is offered for sale, then compensation must be specified In a separate written agreement (C,A,R. Form CBC), Declaration of License and Tax (C.A.R, Form DLT) may be used to document that tax reporting will be requJrcd or that an exemption exists. Real Estate Broker (Selling Firm) n1s, CaIBRE Licit By file CaIBRE Lic. # Date By CaIBRE Lic. # Date Address City State — Zip Telephone Fax E-mail Rea By 'irm) _Califiornrg Asset Services CaIBREAi # 01863881 B Patricia Yes CaIBRE Lic. # 01365274 Dat BY CaIBRE Lic. * — Date Address 12 01 24th Street Suite B110484 C I ty Bakersfiej"j— State Ca TeleDhone 1661)5-99-5547 Fay M- Zip 93301 ESCROW HOLDER ACKNOWLEDGMENT:' Escrow Holder acknowledges receipt of a Copy of this Agreement, (if checked, []a deposit in the amount of vaunter offer numbers Seller'sStaternent of Information and and agrees to act as Escrow Holder ' e, I Subject to Paragraph 20 of this Agreement, any supplements I escrow Instructions and the ternIs of Escrow Holde r's general provisions. Escrow Holder is advised that the date of Confirmation of Acceptance of the Agreement as between Buyer and Seller is Escrow Holder Escrow # By Date Address Phone/FaVE-mail Escrow Holder has the following license number ,L]pepartmerit of Business Oversight, CTe ailment of Ins�drance Bureau of Real Estate. PRESENTATION OF OFFER. Listing Broker presented this offer to Seiler on arok (date) REJECTION OF OFFER: ( — ) (_) No counter offer is being made. This after was rejected by Seiler on (date). seller-5 irwialti 01991- 2014, California Ass of REALTORS8, Inc, Unired Slates opyright law (Title 17 U.S. Code) fortws the UnaLdhorIzeci dhojibution, display and reprodoctIctin of this foam, or arty porfian thereof, lby phatocopy machine or any other gnears� indudirrg facsimile or ct)rrlputertlzed fortnats, THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION Of' REAL TORSO (CAR.). NO REPRESENTATION IS NIADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON (JUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL U-�- PoWsfiM, and Dinr4buted by� BuyeCs Acknov4edg e 010.1 poi gn 10 is part OF REAL ESTATE BUSINESS SERVICES, INC. IhIsAgreernent( de—S, a subsidary of the CALIFORNM ASSOCIATION OF REAL TORS& air 525soulfivil IT Avon ue. Los Angeles, California M20 RPA-CA vii 11114 (PAGE 10 of 10) Braer or Designee CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 10 OF 10) Pirocroced willi zipForrrO by npr.00x 18070 fifteen We Road, Frazer, WeNgan 002b Mord.rm 05;1104116 CC AGENDA PAGE 317 ADDITIONAL 0TY OF BAKERS FIELD SIGNA'FURES CITY OF BA KERS FI E LD ma HARVEY L. HALL Mayor APPROVED AS l'O CONTI"NT: PUBLICWORKS DEPARTMENT By: — - . . .... . ..... . 1::;4�.NICK FIDLER Public Works Director APPROVE'D ASTO FORM: VIRGINIA GENNARO C'ity Attomey By: __ ANDREW HE Deputy At (',0UN'l'ERSl(.,'i AEI : ma NELSON SMITH Finance Director Entily HSR 05104116 CC A GEN PA GE 318 DocuSign Envelope 10. 2416&BED-'DC2'-4A45-AE36-489AEEE70772 ,"N (: A t I 1 0 If, N i A '006 NS w, 0 C t A t 10 N BUYER'S INSPECTION ADVISORY 10_ 0 F It i �, 1, i 0 R, I a (C.A.R. Form BIA, Revised 11114) Property Address: 105 Morrison St,_@akersfield, CA 93309 ("Property"). 1. IMPORTANCE OF PROPERTY INVESTIGATION: The physical condition of the land and improvements being purchased is not guaranteed by either Seller or Brokers. You have an affirmative duty to exercise reasonable care to Protect Yourself, including discovery of the legal, practical and technical implications of disclosed facts, and the investigation and verification, of information and facts that you know or that are within your diligent attention and observation. A general physical inspection typically does not cover all aspects of the Property nor items affecting the Property that are not physically located on the Property. If the professionals recommend further investigations, including a recommendation by a pest control operator to inspect inaccessible areas of the Property, you should contact qualified experts to Conduct such additional investigations. 2. BROKER OBLIGATIONS: Brokers do not have expertise in all areas and therefore cannot advise you on many items, such as those listed below. If Broker gives you referrals to professionals, Broker does not guarantee their performance, 3. YOU ARE STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY, INCLUDING BUT NOT LIMIITED TO THE FOLLOWING. IF YOU DO NOT DO SO, YOU ARE ACTING AGAINST THE ADVICE OF BROKERS. A, GENERAL CONDITION OF THE PROPERTY, ITS SYSTEMS AND COMPONENTS: Foundation, roof (condition, age, leaks, useful Ife), plumbing, heating, air conditioning, electrical, mechanical, security, poollspa (cracks, leaks, operation), other structural and nonStrLICtural systerns, and components, fixtures, built-in appliances, any personal property included in the sale, and energy efficiency of the Property, B, SQUARE FOOTAGE, AGE, BOUNDARIES: Square footage, room dimensions, lot size, age of improvements and boundaries. Any numerical statements regarding these items are APPROXIMATIONS ONLY and have not been verified by Seller and cannot be verified by Brokers. Fences, hedges, walls, retaining wails and other barriers or markers do not necessarily identify true Property boundaries. C. WOOD DESTROYING PESTS: Presence of, or conditions likely to lead to the presence of wood destroying pests and organisms. D. SOIL STABILITY: Existence of fill or compacted soil, expansive or contracting Soil, susceptibility to slippage, settling or movement, and the adequacy of drainage. E. WATER AND UTILITIES; WELL SYSTEMS AND COMPONENTS;WASTE DISPOSAL. Water and utility availability, use restrictions and costs. Water quality, adequacy, condition, and performance of well systems and components. The type, size, adequacy, capacity and condition of sewer and septic systems and components, connection to sewer, and applicable fees, F. ENVIRONMENTAL HAZARDS. Potential environmental hazards, including, but not limited to, asbestos, lead-based paint and other lead contamination, radon, methane, other gases, fuel oil or chemical storage tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, and other substances, materials, products, of conditions (including mold (airborne, toxic or otherwise), fungus or similar contaminants). G. EARTHQUAKES AND FLOODING: Susceptibility of the Property to earthquake/seismic hazards and propensity of the Property to flood. H. FIRE, HAZARD AND OTHER INSURANCE: The availability and cost of necessary or desired insurance may vary, The location of the Property in a seismic, flood or fire hazard zone, and other conditions, such as the age of the Property and the claims history of the Property and Buyer, may affect the availability and need for certain types of insurance. Buyer should explore insurance options early as this information may affect other decisions, including the removal of loan and inspection contingencies, L BUILDING PERMITS, ZONING AND GOVERNMENTAL REQUIREMENTS: Permits, inspections, certificates, zoning, other governmental limitations,, restrictions, and requirements affecting the Current or future use of the Property, its development or size, J. RENTAL PROPERTY RESTRICTIONS: Some cities and counties impose restrictions that limit the amount of rent that can be charged, the maximum number of occupants, and the right of a landlord to terminate a tenancy, Deadboft or other locks and security systems for doors and windows, including window bars, should be examined to determine whether they satisfy legal requirements, K. SECURITY AND SAFETY; State and local Law may require the installation of barriers, access alarms, self-latching mechanisms and/or other measures to decrease the risk to children and other persons of existing swimming pools and hot tubs, as well as various, fire safety and other measures concerning other features of the Property. L. NEIGHBORHOOD, AREA, SUBDIVISION CONDITIONS, PERSONAL FACTORS: Neighborhood or area conditions, including schools, law enforcement, crime statistics, registered felons or offenders, fire protection, other government services, availability, adequacy, and cost of internet connections or other technology services and installations, commercial, industrial or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, wild and domestic animals, other nuisances, hazards, or circumstances, protected species, wettand properties, botanical diseases, historic or other governmentally protected sites or improvements, cemeteries, facilities and condition of common areas of common interest subdivisions, and possible lack of compliance with any governing documents or Homeowners' Association requirements, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Buyer. By signing below, Buyers acknowledge that they have read, understand, accept and have received a Copy of this Advisory. �A.Buyers are encouraged to read it carefully. Buyer Buyer The City of SaAersffeld 6", 19W-2004, Cahrornka Assomation of REALTORSA, Inc. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA AS90CIATION OF RE,7ALTOR,4:�,br iC,A_R), No REPRESENTATION IS MADE AS 'roTHE LEGAL VAUDITY OR ACCURACY or ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL EST AIE BROKER Is THE PERSON QUALIFIED TO AD\ASE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR "'rAx ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. 7�Published and DWHhuled by: REAL ESTATE BUSINESS SERVICES,, INC. a subvckary of the Caftft4 Association of RFAL TORS1, 525 South Virgil Avenue Las Ange4es, CMiloqNs 90020 BIA REVISED 11114 (PAGE I OF 1) BUYER'S INSPECTION ADVISORY (BIA PAGE 1 OF' I) (,'Al A su-t N w. im" „ CA lW). Phone MU92AWJ Pax 888,4213977 05;1104116 CC AGENDA PAGE 319 DocuSign Envefope ID" 241666EO-2DC2-4A45-AE36489AEEE707D2 k, 11 , t 1 0 R i I LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS S I I A r 110 N DISCLOSURE, ACKNOWLEDGMENT AND ADDENDUM NP For Pre-1978 Housing Sales, Leases, or Rentals (C.A.R. Form FLO, Revised 11110) The following terms and conditions are hereby incorporated in and made a pail of the: L Purchase Agreement, Residential Lease or Month-to-Month Rental agreement, or []Other: California Residential d,ated�prri on property known as: 105 Morrison St, Bakersfield CA 93309 ("Property") in ;which The Cit of Bakersfield is referred to as Buyer or Tenantand Fannie Mae is referred to as Seller or Landlord. LEAD WARNING STATEMENT (SALE OR PURCHASE) Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place Young children at risk of developing lead poisoning, Lead poisoning in young children may produce permanent neurological damage, including leaming disabilities, reduced intelligent quotient, behavioral problems and impaired memory, Lead poisoning also poses a particular risk to pregnant women. The, seller of any interest in residential real property is required to provide the buyer with any information, on lead-based paint hazards from risk assessments or inspections in the seller's possession, and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. LEAD WARNING STATEMENT (LEASE OR RENTAL) Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before, renting pre -1978 housing, lessors must disclose the presence of lead-based paint and/or leant -based paint hazards in the dwelling, Lessees must also receive federally approved pamphlet on lead poisoning prevention, EPA'S LEAD-BASED PAINT RENOVATION, REPAIR AND PAINTING RULE: The new rule requires that contractors and maintenance professionals working in pre-1978, housing, child care facilities, and schools with lead-based paint be certified; that their employees be trained; and that they follow protective work practice standards. The rule applies to renovation, repair, or painting activities affecting more than six square feet of lead-based paint in a room or more than 20 square feet of lead-based paint on the exterior. Enforcement of the rule begins October 1, 2010, See the EPA website at www.epa.gov/lead for more information, 1. SELLER'S OR LANDLORD'S DISCLOSURE I (we) have no knowledge of lead-based paint and/or lead-based paint hazard's in the housing other than the following; I (we) have no reports or records pertaining to lead-based paint and/or lead -based paint hazards in the housing other than the following, which, previously Or as an attachment to this addendum, have been provided to Buyer or Tenant; I (we), previously or as an attachment to this addendum, have provided Buyer or Tenant with the pamphlet "Protect Your Family From Lead In Your Home" or an equivalent pamphlet approved for use in the State Such as "The Homeowner's Guide to F-rivironmental Hazards and Earthquake Safety. E2r_5A1gL_Tjaaaa_q,ti 9D LD n Jy: Buyer has 10 days, unless otherwise agreed in the real estate purchase contract, to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards, I (we) have reviewed the Information above and certify, to the best of my (our) knowledge, that the information provided is true and correct. Seller or Landlord Fannie Mae' Seller or Landlord --Date The copy6ghl laws of the United States ffttle 17 U.S. Code) fcw,bi,d the unauthorized reproduction of his fomi, or any porlim thereof, by Photocopy machine or any oUler rn"ns, including focalm9p or computerized Wmats. Cc"flght 0 1996-2010. CALIFORNA Buyel'W"renunt'shiffials( &9SOCIATION OF REAL TOR,V, WC. ALL RIGHTS RESERVED, 1JW Chace FLO REVISED 11110 (P'AGE I OF 2) LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS DISCLOS � CA A.40 %,ri im, _ CA Na WX)� PbOVIC "&242,4lXA Fac KNN,421,M77 P.4660YA'AMAY Produced with z1oForroO bV z1otanim: 1110?n WE— Mill P11d F. Mi-1,... AA ...- -1.1 .__ 05104116 CC A GEN PA GE 320 DOCUSSIgn Egivetope 10 241666EO-2DC2-445-AE36-489AEEE707t)2 Property Address Date A / �3ZqJ6 2. LISTING AGENT'S ACKNOWLEDGMENT Agent has informed Seller or Landlord of Sellers or Landlord's obligations under §42 U.S,C. 4852d and is aware of Agent's responsibility to ensure compliance. I have reviewed the information above and certify, to the best of my knowledge, that the information provided is true and correct. Califomia Asset Services (Please Print) Agent (Broker representing -Seller or Landlord) By pd�i6, 4/3/201.6 Assoc& aLmu"I ti- �KOCMN LIL;ef bVe Ul muKer Signature Date Patficii Yetenosky I (we) have received copies of all information listed, if any, in 1 above and the pamphlet "Protect Your, Fa,mily From Lead In Your Home" or an equivalent pamphlet approved for use in the State, Such as "Tile Homeowner's Guide to Environmental Hazards and Earthquake Safety." If delivery of any of the disclosures or pamphlet referenced in paragraph 1, occurs after Acceptance of an offer to purchase, Buyer has a eight to cancel pursuant to the purchase contract. If you wish to cancel, you must act within the prescribed period. F,Q r I n lv• Buyer acknowledges the right for 10 days, unless otherwise agreed in the real estate purchase contract, to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; OR, (if checked) E] Buyer waives the right to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. I (we) have reviewed the information above and certify, to the best of my (our) knowledge, that the information provided is true and correct. Buyer or Tenant Date Buyer or Tenant Date The City of Bakersfield 4. COOPERATING AGENT'S ACKNOWLEDGMENT Agent has informed Seller or Landlord, through the Listing Agent if the property is listed, of Seller's, or Landlord's obligations under §42 U,S.C. 4852d and is aware of Agent's responsibility to ensure compliance. I have reviewed the information above and certify, to the best of my knowledge, that the information provided is true and correct. n1a By Agent (Broker obtaining the Offer) Associate-Licensee or Broker Signature Date n/a THIS FORM HAS BEEN APPROVLD BY THE CALIFORNIA ASSOCIATION OF, RFALTORSC90(C.A,R), NO REPRESENTATION IS MADE AS TO HE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIRC TRANSACTION, A REAL ESTATE BROKER IS THE PERSON OUALIFIED TO ADVISE ON Rr-..AL ESTNIE TRANSACTIONS . IF YOU DESIRE LEGAL OR TAX ADVICE. CONSULT AN APPROPRIATE PROFESSIONAL. This foram Is available for use by the enthe real estate bidustry, It is not intended ro idenlity the user as a REALTOR1?,1. REAN.TORO is a registered collective Membership lnag9t which: may be used offly by "iembers of the NATIONAL ASSOCIATION OF REALTORSORwho subscribe to its Code of Elfiics, y PUNJshe; 1rand Dist6buted by ,,At- L, A TE BUSINESS, SERVICES. INC. a subsidiary of 1116 Cafilamia Assooetion of REAL TORSIP 525 South Virg4 Avenue, Cos Angeles, Califfo miry D0020 I Reviewed by Dale FLD REVISED 11110 (PAGE 2 OF 2) LEAD - BASED PAINT AND LEAD-BASED PAINT HAZARDS DISCLOSURE (FILD PAGE 2 OF 2) PrDduced mth 2dpForn* by zipLoUix $8070 Fifleen Mile Road, Fraser, Michigao 48026 mm2 "m ,;,= N9orri- 05104116 CC AGENDA PAGE 321 DocuSign Envelope ID 24166f) O-2DC2-4A,45-AE36-4B9AEEE70702 4' SUPPLEMENTAL STATUTORY 4k A S� 0 C I A, 1 - 1 0 N ION— AND CONTRACTUAL DISCLOSUR ES 0 F 1'0,, F A L T 0 1�( S " (C.A.R. Fonn SSD, Revised 1110) 1. Seller makes the following disclosures with regard to the real property or manufactured home described as 105 Morrison St Assessor's Parcel No. 02029506 s itu a led i n --- Baker sfield County, of Kern California, 11 1 11 , ('Property"), Z THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY, THIS DISCLOSURE STATEMENT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR ANY AGENT(S) AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN. A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS., IF SELLER OR BUYER DESIRE LEGAL ADVICE, CONSULT AN ATTORNEY. 3. Are you (Seller) aware of any of the following? (Explain any "yes" answers below.) A. Within the last 3 years, the death of an occupant of the Property, upon the Property, .... , .. El Yes [I No B. An Order from a government health official identifying the Property as being contaminated by methamphetamine, (If yes, attach a copy of the Order.) . . El Yes El No C. The release of an illegal controlled substance on or beneath the Property ... ....... 0 Yes El No D. Whether the Property is located in or adjacent to an "industrial use" zone. . ...... []Yes El No (In general, a zone or district allowing manufacturing, commercial or airport uses.), E. Whether the Property is affected by a nuisance created by an 'Industrial use" zone ... — ......... [I Yes F1 No F. Whether the Property is located within 1 mile of a former federal or state ordinance location ....... 0 Yes El No (in general, an area once used for military training purposes that may contain potentially explosive munitions.) G. Whether the Property is a condominium or located in a planned unit development or other common interest subdivision ..... ...... --- ....... El Yes [I No H. Insurance claims affecting the Property within the past 5 years . , ..... — ...... ...... ❑ Yes n No 1. Matters affecting title of the Property .... ................ ............. ....... O Yes [:] No J. Material facts or defects, affecting the Property not otherwise disclosed to Buyer Yes [] No Explanation, or (if checked) see attached; 4. Seller represents that the information herein is true and correct to the best of Sellers knowledge as of the date signed by Seller. Seller hereby authorizes any agent(s) representing any principals) in this transaction to provide a Copy of this statement to any person or entity in connection with any actual or anticipated sale of the Property. Seller Fannie Mae Date Seller Date & By signing below, Buyer acknowledges Buyer has received, read, and understands, this Supplemental Statutory and Contractual Disclosures form. Buyer ThtjCft of Bak rsffe Date Buyer . ...... Date The ropyfigh1 laws of the United States (I Me 17 U.S. Code) forbid the unauthorized reprodimlion of this foon, or any portion thereof, by phot=lpy machine or any tithe' means , indudIng facsiruile or computerized formats. Copyright fl." 20,02-2009, CALIFORNIA ASSOCIATION OF REALTORSO), INC. ALL RIGHTS RESERVEE). THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORAS) (C.A.R.), NO REPRESENTATION IS MADE As TO THE LEGAL VALIDITY OR ADEQUACY OF ANIY PROVISION iN ANY SPECIFIC 1RANSACTf0N. A REAL ES FATE BROKER IS THE PERSON QUALIFIED TO ADVISE Ohl RFAt ESTATE TRANSACTIONS. IF YOU DESIRE LE(Yd, OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is avadable for use by the entire real estate industry- It is not Intended b liderdify the user as a REALTOW, REALTORR is a regislefed collective membersNp mark which may be used only by members of the NATIONAL, ASSOCIATION OF REALTORSM who subscribe to ifs Code of Ethics. Publis I d ied and U1,40buted by- REAL ESTATE BUSINESS SERVICES, INC. asubsidiary offhe Cafifbmra Association &REAL TORSM 525 South Virgil Avenue, Los Ang,etes, Cafifornin 9W20 ReievweeM by Date SSD REVISED 11109 (PAGE 1 OF 1) - SUPPLEMENTAL STATUTORY AND CONTRACTUAL DISCLOSURES (SSD PAGE I OF 1) ('91 A Nftl Srniwt—, C,% Mmm. Phan C 88UN2.44W Fax- N89.421SK77 rwricia Y6�0�k,, Pfoduced wilb zpFom* by zrpwox 18070 Fifteen Mile RD3d, Fraser, wo�qan 0026 05104116 CC AGENDA PAGE 322 Docu&gn Envelope ]ID: 2416SOEO-2DC2-4A45 -AE3j6-4B9AEEE707D2 I F r P, N I A WATER HEATER AND SMOKE DETECTOR $ ( 1 1 0 N V STATEMENT OF COMPLIANCE W401, e) I R, f I A 1& l 0 K S (C.A.R. Form WHS D, Revised 11110) Property Address-, IOLMorrison S r�srj , J�g,Yke_ eld CA 9 09 NOTE: A seller who is riot required to provide one of the following statements or compliance is riot necessarily exempt from the obligation to provide the other statement of compliance. WATER HEATER STATEMENT OF COMPLIANCE 1. STATE LAW., California Law requires that all new and replacement water heaters and existing residential water heaters be braced, anchored or strapped to resist falling or horizontal displacement due to earthquake motion, "Water heater" means any standard water heater with a capacity of no more than 1201 gallons for which a pm-engineered strapping kit Is readily available, (Health and Safety Code §19211d) Although not specifically stated, the statute requiring a statement of compliance does not appear to apply to a properly installed and bolted tankless, water heater for the following, reasons' There is no tank that can overturn; Pre-engineered strapping kits for such devices are not readily available; and Boiling already exists that would help avoid displacement or breakage in the event of an earthcit jake. 2. LOCAL REQUIREMENTS: Some local ordinances Inpose more stringent water heater bracing, anchoring or strapping requirements, than does California Law. Therefore, It is Important to check with iocat city or county building and safety departments regarding the applicable water heater bracirig, anchoring or strapping requirements for your property, 1 TRANSFEROR'S, WRITTEN STATEMENT: California Health and Safety Code §19211 requires the sailer of any real property containing a water heater to certify, In wining, that the seller is In compliance with California State Law. If the Property is a manufactured or mobile horne, Seller shall also file a required Statement with the Department of Housing end Community Development. 4, CERTIFICATION: Seller represent that the Property,as of the Close Of Escrow, will be in compliance with Health and Safety Code §19211 by having the water heater(s) b5g jifeja c1j$j0jPpd a , 1pIM10% in accordance with those requirements, SellerfLandlord SellerfLandlord Date C§i6nature) AAS_iW%6i'*�. (print a, ",e) . . . ..... . ............ The undersigned hereby acknowledges rv"" "'Copy of this document, Buyerrrerrant CAY catfdn ers67etoC Date BuyerfTenant (Signature) (Print Name) Date (Signature) (Print Name) SMOKE DETECTOR STATEMENT OF COMPLIANCE 1. STATE LAW: California Law requires that if) every single-family dwelling and factory built housing unit sold on or after January 1, 1'986, Must have an operable smoke detector, approved and listed by the State Fire Marshal, instilfed in accordance with the State Fire Marshal's regulations (Health and Safety Code §13113.8) and (JQaII used manufactured Or rnobilehomes have an operable smoke detector in each sleeping room. 2. LOCAL REQUIREMENTS. Some local ordinances impose more stringent smoke detector requirements than does California Law. Thereforer, it is important to check with local city or county building and safety departments regarding the applicable smoke detector requirements for your property, 3. TRAN:SFEROR'S WRITTEN STATEMENTt California Health and Safety Code §13113.5(b) requires every transferor of any real properly containing a single-family dwelling, whether the transfer is made by sale, exchange, or real property sales contract (Installment sales contract), to deliver to the transferee a written statement indicating that the transferor is in compliance with CafiforNa State Law concerning smoke detectors. If the Properly is a manufactured or mobile home, Seller shall also file a required Statement with the Department of Housing and Community Development (FICID). 4. EXCEPTIONS: Generally, a written statement of smoke detector compliance is not required: for transactions for which the Seller Is exempt from providing a transfer disciosure statement, S. CERTIFICATION.- Seller represents that the Property, as of the Close Of Est-row, will be in compliance with the law by having operable smoke detector(s) (1) approved and listed by the State Fire Marshal installed in accordance with the State Fire Marshall's regulations Health and Safety Cade §13113.8 or (Ni) in compliance with Manufactured Housing Construction and Safety Act (Health and Safety Code §18029.6) located in each sleeprig room for used manufacturl d r mobileh �as as4equired by HCD and (M) In accordance with applicable local ordinance(s). Seller/Landlord Date 4 Seller/Landlord Date A"11111wNrkeph"killo (Print Name) The undersigned hereby acknowledge(s) rJW*M1111111milpy of this Water Heater and Smoke Detector Statement of Compliance, Buyer/Ten ant The Ciygf Bakersfield Date Buyer[Tenant (Signature) (Print Name) Date (Signature) (Print Name) The copyright laws of the. Urifted States (Title 17 ILI.& CAtdej forbid The unatilhorized reproduction of this Wrii, or any PaItion thereof, by photocopy rnachine or any affier means, including facsimile or cornputtrized rormals. CopyrittlitO 19914010 CALIFORNIA ASSOCIATION OF REALTOR&R, INC, ALL RIGHTS RESERVED, THIS FORM 14AS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO IC.,A,R.), NO, REPRESENTATION is MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECARC TRANSACTION. A REAL ESTATE BROKER 11S THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS, IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL, This farm is available for use by the entire real estate �dustry. It is not interided to Identify the user as a REALTOR& REALTORO Is a mVislored Wlectfve Membership mark whNch may be used only by members of the NATIONAL ASSOCIATION OF REALTORSO', wire wtiscribe to its Code at Ethirs. Pubinhed and Dsiflbuled by: REAL ESTATE g BUSINESS SrRVICES, INC, a subsFaiary ofthe CAUFORNIA ASSOOATlON OF REALTORSOO WHSD REVISED 11110 (PAGE I Reviewed by OF 1) = Date ==�� . ........ WATER HEATER AND SMOKE DETECTOR STATEMENT OF COMPLIANCE (WHSD PAGE I OF 11, Phone $N&Vn,44Vj Fm: SW421,0;77 Nhwriwm 05;1104116 CC AGENDA PAGE 323 Docu&gn Envelope 10� 2416,66EO-2DC2-4A45-AE36-4B9AEEE707172 f, . A t I t) It. N,` I A DISCLOSURE REGARDING A S S C' i AT I f, ) N REAL ESTATE AGENCY RELATIONSHIP 4i** 0 1° R L, A t I R, S (Listing Firm to Seller) (As required, by the Civil Code) (C.A.R. Farm AD, Revised 12114) (if checked') -ked) This form is being provided in connection with a transaction for a leasehold interest exceeding one year as per Civil Code section 2079.13(k) and (1), When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction. SELLER'S AGENT A Seller's agent under a listing agreement with the Seller acts as the agent for the Better only. A Seller's agent or a subagent of that agent has the following affirmative obligations: To the Seller: A Fiduciary duty of utmost rare, integrity, honesty and loyalty in dealings with the Seller. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith, (c) A duty, to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. Ali agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. BUYER'S AGENT A selling agent can, with a Buyers consent, agree to act as agent for the Buyer only, In, these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller, An agent acting only for a Buyer has the following affirmative obligations: To the BlLlyer; A fiduciary duty of utmost care, integrity,, honesty and loyalty in dealings with the Buyer, To the Buyer and the Seller; (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith, (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the ditigent attention and observation of the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above, AGENT REPRESENTING BOTH SELLER AND BUYER A real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Selter and the Buyer, in a dust agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer. (a) A fiduciary duly of utrnost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer. (b) Other duties to the Seller and the Buyer as stated above in their respective sections, In representing both Seller and Buyer, the agent may not, without the express permission of the respective party, disclose to the other party that the Seller wilt accept a price less than the fisting price or that the Buyer will pay a price greater than the price offered. The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate, if legal or tax advice is desired, consult a competent professional. Throughout Your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time It is presented to you, considering the relationship between you and the real estate agent it) your specific transactlon. This disclosure form Includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth on page 2. Read It carefully. IAIVE ACKNOWLEDGE RECEIPT OF A C F THIS D THE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK (OR A SEPARATE PAGE). Buyer Seller [- 1:1 Tenant ] Landlord Cate, Buyer Seiler Landlord n Tenant FannM Mae KIM curm* Date Agent Califonda Asset Services F4=k Mu BRE Lic,, N 01863sal F-k1t- —BloRe r flr-) BY j rPM6& qt"St4 — BRE Lic, 01365274 Date 4/3/2016 ciate) Patricia Ywerwsky Agency Disclostge Compliance (Civil Code §2079.14): * When the lisfing brokerage company also represents Buyer/Tenani The Listing Agent shall have one AD form signed by Seller/Landlord and a different AD form Signed by ftyerffenant, * When Seller/Landlord and Buyer/Tenant are represented by different brokerage companies: (i) the Listing Agent shall have one AD form signed by SellerfLandlordl and (ii) the Buyer'saenant's Agent shall have one AD form, signed by Buyer/Tenant and either that same or a different AD form presented to Selle0Landlord for signature prior to presentation of the offer. If the same form is used, Seller may sign here. Seller(Landlord Dale Seller/Landlord Date The copyright laws of the United States (Title 17 U,& Codel) forbid ltw, unauftfized reprodur.flan of Il"S ro"r or any Portion ffiereof. by pharacopy madiine or any offier mervis, Jachidng facWmile or cornputefl2ed foftnab. Copyright 0 1991-2010, CALIFORNIA ASSOCIATION OF REALTORS8, INC. Reviewed by ___Date N mom M ALL RIGHTS RESERVED, AD REVISED 12114 (PAGE 1 OF 2) DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 1 OF 2) . .... ..... Cal A NW4 kwm 6vw, CA WHO. Phone, "K292ANJ F" SARA.M(A77 Psi 6via Vektiotk, 1070 fifteen Mitle Road, Fnio.r, M� hwanMM wAm,&DLoaix.com 05;1104116 CC AGENDA PAGE 324 Doi Envelope lf): 241666EO-2OC2-4A45-AE36489AEEE707'D2 CIVIL CODE SECTIONS 20791.24 (2079,16 APPEARS ON THE FRONT) 2079.13 As used in Sections 2079.14 to 207914, inclusive, the following terms have the roffming meanings (a) "Agent" means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction. and Includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part I of Division 4 of the Business and Professions Code, and under whose license a listing is executed of an offer to purchase is obtained, (b) "Associate licenses" means a person who is licensed as a rest estate broker or salesperson under Chapter 3 ( commencing with Section 1013M of Pail I of Division 4 of the Business and Professions Code and who is either licensed under a broker or has entered into a written contract with a broker to out as the broker's agent In connection with ads requiring a red estate license and to function under the broker's supervision In the capradly of an associate ticenss.,e. The agent in the real property transaction bears r%ponsibilily for his of her associate licensees who perform as agents of the agent. When an associate Ircens", awes a duty to any principal, or to any buyer or seller who is not a Principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the associate [rcensee functions, (C) "wryer" means a transferee In a real prop", transaction, and lncludes a person: who executes an offer to purchase real property from a set through an agent, or who seeks the services of an agent in amore than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction, "Buyer' includes vendee or lessee. (d) `Commercial real property" means all rest property in the state, except single-family residentied real property, dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, mobilehomes, as defined in Section 798.3, or recreational vi as defined in Section 799,29, (&) "Dual agent' means an agent acting, either directly or through an associate licensee, as agent for both, the seller and the buyer in a real properly I transaction, Jfl "Listing agreerni Means a contract between an owner of real property, and an agent, by which the agent has been aulhorized to set the real property or to rind or obtain a buyer. (g) "Listing agent" means a person who has obtained a listing of real Proi to act as an agent for compensation, (h) 'Listing, price' is the arnioutil expressed in dollars specified in the listing for which the setter is wilting to self the real properly through the listing agent, IQ "Offering pricer" Is the arnourd expressed in dollars specified in an offer la, purchase for which the buyer is wilting to buy the red properly, 0) 'Offer to purchase" means a written contract executed by a buyer acting through a selling agent that becomes the contract for the sale of the real property upon acceptance by the seller, (k) 'Rea properly" means any estate specilled by subdivision (1) or (2)1 of Section 761 In property that constitutes or is Improved with one to four dwelling units, any commercial reall property, any leasehold In these types of property exceeding one years duration, and mobilehornes, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of ft Business and Professions Code. (1) 'Real property transaction' means a transaction for the sate of real property in which an agent is employed by one or more of the principals to W in that transaction, and Includes a listing or an offer to purchase. (m) 'Sell," "sale," or "sold' refers to a transaction for the transfer of red property from the seller to the buyer, and includes exchanges of real properly between the seller and buyer, transactions for the creation of a red property, Wes contract within the meaning of Section 2985r, and transactions for the creation of a feasehold exceeding one year's duration, (n) '"Suter" rifeans the transferor in a real property transaction, and includes an owner who lists red property with an agent, whether or not a transfer results, of who receives an offer to purchase real property of which he or she is the owner from an agent on; behalf of another. 'Seller' includes both a vendor and a lessor, (o) 'Selling argerrit" rnearris a listing agent who acts atone" or an agent who acts in cooperation with a listing agent, and who sells or finds and obtatris ar buyer for the real property, or an agent who locates property for a buyer or who finds a buyer for a properly for which no listing exists and presents, an offer to purchase to the seller, (p) 'Subagent* means a person to whom an agent delegates agency powers as Provided in Articte 5 (commencing with Section 2349) of Chapter 1 of Title 9. However, "subagent" does not include an associate licensee who is acting under the supervision of an agent in a real property transaction, 2979.14 Listing agents and selling agents shall provide the seller and buyer in a real properly transaction with a copy of the disclosure form specified In Section 2079.16, and except as provided in subdivision (c), shall obtain a signed acknowledgement of receipt from that seller of buyer,, except as provided In this section or Section 2079.1 a, as follows: (a) The listing agent, if any, shot provide the disclosure form to the seller prior to entering into the listing agreement. (b) The selling agent shall provide the disclosure form to the setter as soon as predicable prior to presenting the seller with an offer to purchase, unless the selling agent previously provided the seller 'with a copy of the disclosure form purskirant 10 subdivision (a), (c) Where the selfing agent does not deal on a fare-to-face basis with the seller, the disclosure form prepared by the selling agent may be furnished to the setter (and acknowledgement of receipt obtained for this getting agent from the seller) by the listing agent, or the selling agent may deliver the disclosure form by carlifted mail addressed to the seller at hiis or her test known address, In which case no signed acknowledgement of receipt is required. (d) The selling agent shall provide the disclosure form to the buyer as soon as practicable prior to execution at the buyer's offer to purchase, except that if the offer to purchase is not prepared by the selling agent, the selling argard shall present the disclosure form to the, buyer not later than the next business day after the selling agent receives the offer to purchase from the buyer, 2079.15 In any circumstance In which the seller or buyer refuses to sign an acknowledgement of receipt pursuant to Section 2079,14, the agent, or an associate licensee acting for an agent, shall set forth, sign, and date a written declaration or the facts of the refusal, 2079.16 Reproduced on Page 1 of this AD forrin. 2079,.17 (a) As soon as practicable, the selling agent shall disclose to the buyer and setter whether the sidli rig agent is acting in the real property transaction exclusively as the buyers agent, exclusively as The setters agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed In the contract to purchase and sell real property or in a separate wetting executed of acknowledged by the seller, the buyer, and the selling agent prior to or coincident with execution of that contract by the buyer and the seller, respectively, (b) As soon as practicable, the listing agent shall disclose to the seller whether the listing agent is hrig in the real property transaction exctusrvisly as the sellers agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and self feat property or In a separate wrifing executed or acknowledged by the seller and the listing agent prior to or coincident wRh the execution of phi al contract by Itie sailer. (c) The confirmation required by subdivisions (a) and (b) shall be in the following form. LDO NOT COMPLETE, SAMPLE ONLY) is the of (check one). the seller exclusivalyn or i both, the buyer' and seller, (Nla me at Listing Agent) NOT COMPLETE, 132AMPLE ONLY is the agent of (check one): the buyer exclusivi or the setter exclusiveiy; or ( Name of Selling Agent il not the Lamm, ame as the Listing Agent) both the buyer and seller, (d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14. 201 No selling agent In a real property transaction may act as an agent for the buyer only, when the selling agent is also acting as the listing agent in the Iranswflon, 2079.19 The payment of compensation or the obligation to pay compensation to an agent by the sailor or buyer is not necessarily determinative of a particular agency relationship between SP agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation of coninifissfon paid, or any night to any compensation or cornirnission for which an obhgallon arises as the result of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship, 2079.20 Nothing in this article prevents an agent from selecting, as a condition of the agent's employment, a specific form of agency relationship not specifically prohibited by this article if the requirements of Section 2079.14 and Section 2079,1'7 are complied wfoi, 2079.21 A dual agent shall not disclose to the buyer that the setter is willing to sell the property at a price less than the listing price, without the express written consent of the setter. A dual agent shalt not disclose to the seller that the buyer is willing to pay a price greater than the offering price, without the express written consent of the buyer, This section does not after in any way the duty or responsibility of a dual agent to any principal with respect to confidential Information other than pr&,- 2079.22 Nothing in liars antote precludes a listing agent from also being a setting agent, and the combination of these functions in one agent does not, of itseff, make that agent a dual agent. 2079.23 A contract between the principal and agent may be modified or altered to change the agency retallanship at any time before the Performance of the act which is the object of the agency with the written consent of the parties to the agency relationship, 2079.24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and Ifteir associate licensees, subagents, and employees of to relieve agents and their associate licensees, subagents, and employees from fiabIlIly for their conduct in connection with acts governed by this article or for any breast of a fiduciary duty or a duty of disclosure. Iff 7, Pvt*%fred and DaInbulad by n REAL F PITE OU ' ESS SERVICES, INC, SIN ahlboVa Association of REALTORSO Reviewed by Dale bs ii W Me C 16100"1 a52`5,= VegiJ Avi Los Angeles, Cah(Orri FJUID20 f=1 .... ... ...... . mono" AD REVISED 12�114 (PAGE 2 OF 2) DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 2 OF 2) ProdurAdwitirr npl`ori by ziploriix IDD70 Fifti We Read, Fni Michigan 48016 awn G t i ninfriwo 05;1104116 CC AGENDA PAGE 325 DoI Envelope ID 24166tiED-2DC2-4A46-AE3E'- 4B9Ar��EE707D2 AC,' ,% I, I F ) It N I AN A S S 0 C I A, I' I () N, CARBON MONOXIDE DETECTOR NOTICE 10 () F R 1,�, A I F( ) it S (C.A.R. Form CMD, 4112t ,Ole Property Address: 105 Morrison St„ Sakersfr`etd CA 93309 1. INSTALLATION OF CARBON MONOXIDE DETECTORS: A. Requirements: California law (Health and Safety Code sections 13260 to 13263 and 17296 to 17296.2) requires that as of July 1, 2011, all existing single-family dwellings have carbon monoxide detectors installed and that all other types, of dwelling Units intended for human occupancy have carbon monoxide detectors installed on or before January 1, 2013, The January 1, 2013 requirement applies to a duplex, lodging house, dormitory, hotel, condominium, time-share and apartment, among others, S. Exceptions; The law does not apply to a dwelling unit which does not have any of the following; a fossil fuel burning heater or appliance, a fireplace, or an attached garage. The taw does not apply to dwelling units owned or leased by the State of California, the Regents of the University of California or local government agencies. Aside from these three owner types, there are no other owner exemptions from the installation requirement; it applies to all owners of dwellings, be they individual banks, corporations, or other entities.. There is no exerription for REO properties. 2. DISCLOSURE OF CARBON MONOXIDE DETECTORS: The Health and Safety Code does not require a disclosure regarding the existence of carbon monoxide detectors in a dwelling. However, a sailer of residential 1.4 property who is required to complete a Real Estate Transfer Disclosure Statement, (C.A,R, Form TDS) or a Manufactured Horne and Mobile home Transfer Disclosure Statement (C.A.R. Form MHTDS) must use section ll A of that form to disclose whether or not the dwelling unit has a carbon monoxide detector. 1 COMPLIANCE WITH INSTALLATION REQUIREMENT: State building, code requires at a minimum, placement of carbon monoxide detectors in applicable properties outside of each sleeping area, and on each floor in a multi-level dwelling, 'butddrkional pr tiff rent rewi 9=ILMAy_a2* depending on local building standards and manufacturer instructions, An owner who fails to install a carbon monoxide detector when required by law and continues to fail to install the detector after being given notice by a governmental agency could be liable for a fine of up to $200 for each violation, A transfer of a property where a seller, as an owner, has not installed carbon monoxide detectors, when required to do so by law, will not be invalidated, but the sellerlowner could be subject to damages of up to $100, plus court costs and attorney fees. Buyer and Seller are each advised to consult with their own home inspector, contractor or building department to determine the exact location for installation of carbon monoxide detectors, Buyer is advised to consult with a professional Of 131.1yet's choosing to determine whether the property has carbon monoxide detector(s) installed as required by law, and if not to discuss with their counsel the potential consequences, 4. LOCAL REQUIREMENTS: Some localities maintain their own retrofit or point of sale requirements which may include the requirement that a carbon monoxide detector be Installed prior to a transfer of property, Therefore, it is important to check the local city or county building and safety departments regarding point of sate or retrofit requirements when transferring property. The undersigned hereby ackno ledge(s) receipt of a copy of this Carbon Monoxide Detector Notice. Seller/Landlord f_aiI Mae Date SellerlLandlord Kam CAM1110 Date (sig—nef—ul.) rawk, MW (Print Narne) BuyerfTenant The C4y_2f_qakers field Date iSldnalaarel (Print Nainei, Buyer/Tenant Date The copyrighl Laws of the United States (Tifle 17 U.& Code) forbid the unaufflorized reproduction of this 1`0I or any portion therN,9, by phoI000I Machine ow any other means, Inducting facsin0le or compularized forrmits, Copyflgfit 0 2012 C,&J 11"ORNIA ASSOCIATION OF REALTORSF), INC. ALL RIGHTS RESERVED, THIS FORM HAS BEEN APPROVED BY THE CALIFORS11A ASSOCIATION OF REALTORS49f IC.A.R), NO REPRESE ' NTATION IS MADE AS, TO THE LEGAL VAJ,r[A TY OR ADEQUACY OF ANY PROVISION IN: ANN' SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED rO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU OESIRE LEGAL, OR rAX AD"CE, CONSULT AN APPROPRIATE PROFESSIONAL.. This form is avallable for u,,�o by the entire real estate industry. It is not Intended to Identify Ifni user as a REALTOWn, REALTORIZ Is a ri-gistered cogecfive nlerI tuaIrk which rray Pre used only by n1embers, of the NATIONAL ASSOCIATION OF REALTOR&YP who subscribe, to Is Code of Ethkn. PubWhed and OislffbUted by: REAL ESTATE BUSINESS SERVICES,, INC. a subm&axy of the CaII Association of REALTORSIt;, 525 Soulh Vlfgjl Avenue, Los Angeles, Cafilornia 90020 CMD 4112 (PAGE 1 OF 1) CARBON MONOXIDE DETECTOR NOTICE (CMD PAGE I OF 1) Uml Asul Sr�irm . CA II Phnno, 893_101AW Fax MA!3.10577 momkaxi Nuirida VelcomkV 2070FINevi M46 Road Fraser. Mlchigan48026 zoy&jatis( rorn 05;1104116 CC AGENDA PAGE 326 DacuSign Envetope 0 241666EO-2DC24A45-AE3CD-4B9AEEE707D2 C A I I F 0 R N I A REO, ADVISORY A S S 0 C', I A 1- 10 N For Properties Being Sold by a Lender After Foreclos,ure (C.A.R. Form RED, Revised 4111) IN i ILE so 9 Maio] 1111010111; e copyrig !WS 0 he n to tates (Tifle 17 U.S. Code) forbid the unauthorized reproduction of this form, or any porfion thereof, by photocopy machine or any other means, indUding facsimile or computerized founats. Copyright 0 2008-2011, CALIFORNIA ASSOCIATION OF REALTOR SO, INC. ALL RIGHTS RESERVED, REO REVISED 4111 (PAGE 1 OF 2) REO ADVISORY (REi Cal Amin See kv*".. CA WC rrri [:P-� �Iljemld by 777. PAG5 1 OF phonc 838'N1'qw$ Fax: MAZI.0577 Morrim'd 051104116 CC A GEN PA GE 3 2 7 Doci_ Sign Envelope 10 241666E O- 2DC2- 4A45 -A,E3 - 489AEEE707D2 *' wl.r w ■.. wry w w err w. ,r -N -r r �. .r` �! „mow ° w r w w r • r r w w w- r .. • w -r w .. w,. r r w. r- w : r - N w � _ r- M -.. .w w w- w - r- w •mA- �r w *` w r r w w w .r � w w w,r r w, w rr w` .r w• w r N w • � it N .. N rw^ r • r r'. r rr` w r w r w N r •^ '•„. : �;,. r r rr w `w it r Ww � w 'W w rr w r w.; r r w, -r w ,: r r_ I ■ N r r� N r r w� • r • w�rrn r r r r wi” r : ♦ °. "'.r �. � w� Nx:. •. w. r .... r,.'r r.. wr` r:.. w r� r .rw .;w � r a w r r -r .r rr .. r r ■ r r wr - wr r r .r r- `r • r �`wr r-rr r r � w° r r r r w r "' �• ww.. I. W w r dr r r r •..r w w w' Buyer Thei City pl ,. w Seller Seller bate A" Vl i HIS FCNFrM HAS SEEN AF HE CALIFORNIA ASSOCIATION F REAL TORSO (C A.R I NO M1°hE'PRESENTAI ON IS MADE AS "FLN THE LEGAL VALIDITY CN'R ADEQUACY OF ANY P�ROITT Y SPECIFIC TRANSACTION. A. REAL ESTATE BROKER IS THE PERSON QUALIFIED TOO ADVISE ON REAL ESTATE TRANSACTIONS, IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN AP P'ROPRIA "TE PROFESSIONAL. This Feaaa is avna0bl a for use by the enliri� real estate industry. It is not Inlended to Ideniffy the user as a R'E':ALTORO, REALTORISo is a registered 1 rolleclwe rneralaershlpa aeuar� which may be used only by members of the NATIONAL ASSOCIATION OF REALTOR&& whoa suluI to its Code of Elhics, Publisiaeel and Dislrihaulet by: REAL I: i ATE BUSINESS SFRVICES, INC. a xfbsi d afy of the CaPorwa Asseddtan of REAL T?RSF Rewseanre_ l Ce 5n South Virgil Avenue, Los Angeles, Ce s 90020, I J REO REVISED 4111 (PAGE: 2 OF 2) l EO ADVISORY (RED PAGE 2 OF 2) prerdrutir�ef wrah zifa�'arrmpd5 kayo ,`ra Ltiagix 18070 r°ilm7il" We Road, Framar, Mir.Pai war 46 w1z ,v u.rurw: 4 ,wlR.i,.rE5Y5��,."�fi� 1 Mi�n�firvwr 05;1/04116 CC AGENDA PAGE 328 Doi Envelope ID: 241666EO-200 2-4A45 -A E36-4 BOA EE E 707 D2 C A I III 0 tk N t A DISCLOSURE REGARDING ASS()(' i A] ION REAL ESTATE AGENCY RELATIONSHIP 4, ) il, 1k L Ilk 1, F t It, S (Selling Firm to Buyer) (As required by the civil code) (C.A.R. Form AD, Revised 12114) (if checked) This form is being provided in connection with a transaction for a leasehold interest exceeding one year as per Civil Code section 2079,13(k) and (m), Men you enter into a discussion with a real estate agent regarding a real estate transaction you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction. SELLER'S AGENT A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only A Settees agent or a subagent of that agent has the following affirmative obligations: To the Seller: A Fiduciary duty of utmost care, Integrity, honesty and loyalty in dealings with the Seller. To the Buyer and the Sellec (a)Diligent exercise of reasonable skill and core in performance of the agent's duties. (b)A duty of honest and fair dealing and good faith, (c)A duty to disclose all facts, known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. BUYER'S AGENT A selling agent can, with a BUY&S consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations: To the Buyer, A fiduciary duty Of Utmost care, integrity, honesty and loyalty in dealings with the Buyer. To the Buyer and the Seller: (a)[Diligent exercise of reasonable skill and care in performance of the agent"s duties. (b)A duty of honest and fair dealing and good faith. (c)A duty to disclose all facts known to the agent materially affecting the Value or desirability of the property that are not known to, or within, the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above, AGENT REPRESENTING BOTH SELLER AND BUYER A real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer. In a duat agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer-, (a)A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer, (b)0ther duties to the Seller and the Buyer as stated above in their respective sections, In representing both Seller and Buyer, the agent may not, without the express permission of the respective party, disclose to the other party that the Seller will accept a price less than the listing price or that the Buyer will pay a price greater than the price offered. The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or tier own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting In the transaction, The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read Its contents each time it is presented to YOU, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form Includes the provisions of Sections 2079.13 to 2079.24, Inclusive, of the Civil Code set forth on page 2, Read it carefully. I 1 ACKNOWLEDGE RECEIPT F A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK (OR A SEPARATE PAG V . - — A... W' A, -,, "y" 4-3 `H" m-J "f""r u LJ I - I Ir- — — -- - -- Syr Date E] Buyer E Seller 7 Landlord nTenant xvm CACAM Date ........... Agent___,,_, ... . .... . .......... n1a ftmW Mn BRE Lic. # Real Estate Broker ( Firm) By (Salesperson or Broker-Associate) n1a, BRE Ljc� # Date Agency Disclosure Compliance (Civil Code §207°9.14): • When the listing brokerage company also represents Buyer(Tenanl The Listing Agent shall have one AD form signed by Selledl-andlord and a different AD form signed by Buiyerrrenant,, • When Sefler/LandIard and Buyer/Tenant are represented by different brokerage companies'. (i) the Listing Agent shall have one AD form signed by Seller"ridlord and (ii) the 8 uyer'sTrena nit's Agent shall have one AD form signed by Buyer/Tenant and either that same or a different AD form presented to Setter/Landlord for signature prior to presentation of the offer. If the same form; is used Seller may sign here:: SetlerOl-andlord Date Date Fannie Mae The copyright laws of ifi-e UNted Slates (Title 17 US. Code) forbid the onauftrized repfoduction, of lhh firm, or any pMion thereof, by phoh3copy mot*irwe cor ary other ineant, iricitAling facsimile or computerized formals, Copyright 0 1991-20101, CAUFORNIA ASSOCIATION OF RFALTOR a, INC. haviewedby Date ALL RIGHTS RESERVED. AD REVISED 12114 (PAGE 1 OF 2) Cat Aor0iprivins- ., CA 1i riar, Mi P4466AVA—,L PrOdUrad with zjpForrnO by zipLogix 18070 Rheen Wire Road, Fraser, Mchigm 0026 05;1104116 CC A GENDA PA GE 32 9 DocuSign Envelope IU 241666FO-20,C2-4A45-AE36-4BDAr-EE707D2 CIVIL CODE SECTIONS 2079.24 (2079.16 APPEARS ON THE FRONT) 2079.13 As used in Sections 2879.14 to 2879 24 ind us! ve, the following terms have the following meanings fa) "Agent" means a Person acting under provisions of Title 9 (commencing with Section 229 5) in a real property transaction, and Includes a person who is, licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part I of Division 4 of the Business and professions Code, and under whose license a listing is executed or an offer to purchase is obtained, (b) "Associate licensee" means a Person who is licensed as a real estate broker of salesperson under Chapter 3 (commencing with Section 10130) of Part I of Division 4 of the Business and Professions Code and who is either licensed, under a broker or ties entered into a written contract With a broker to act as the broker's agent in connection Will acts requiring a real estate license and to function under the brokers supervision in the capacity of an associate licensee, The agent in the real property transaction bears responsibility for his or her associate licensees who perform as agents of the agent. When an associate licensee owes a duty to any pfindpal, or to any buyer or seller who is, not a prindpat, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the associate licensee' functions. (c) 'Buyer means a transferee in a real property Versactiort, and includes a person who executes an offer to purchase real property from a Wier through an agent, or who seeks the services of an agent in more than a casual, transitory, of preliminary manner, with the object of entering into a real property transaction r 'Buyer includes vendee or lessee. (d) "Commerd,al real property' means, at real property in this state, except singif'-family residential real property, dwelling units made subod to Chapter 2 (mnnmmrcing with Section 1948) of Title 5, mobilehomes, as defined in Sec6Dn 798.3, or recreational vehicles, as defined in Section 799.29, (0) 'Dud agent" means an agent acting, either directly or through an associate licensee, as agent for both the seller and the buyer In a real Property transaction, (P "Listing agreement, means a contract between any owner of real property and on agent, by which the agent has been authorized to salt the real property or to find or otAaln a buyer, (9) "Listing agent" means a person who has obtained a listing of real property to oil as an agent for compensation, (h) 'Listing price" is the amount expressed in dollars specified in the listing for which the Seller is wiling to sell the real property through the listing agent. lo "Offering price' is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property. 0) -Offer to purchase" means a written cailtrad executed by a buyer ailing through a selling agent first becomes the contract for the sale of the real property upon acceptance by the seller, (k) 'Real property' means any estate sperAfied by subdivision (1) or (2) or Section 761 in property that constitutes or is improved with one to four dwelling units, any cornmerciat real property, any leasehold in these types of property exceeding one years duration, and motriehomes, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code, to 'Real property transaction" means a transaction for the sale of real property in which an agent Is employed by one or rnore of the principals to act in that transaction, and Includes a listing or an offer to purchase. (m) 'sale," or 'sold" refers to a transaction for the transfer of red property from the seller to the buyer, and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehoW exceeding one years duration. (n) "Seller, means the transfisror in a real property transaction, and includes an owner who fists red property with an agent, whether or not a transfer results, or who receives an offer to purchase real property at which he or she is the owner from an agent on behalf of another, 'Seller" Includes both a vendor and a lessor. (a) "Selling agent'" means a listing agent who acts alone, or an agent who ads in cooperation with a listing agent, and who sells or finds and oblams a buyer for the real property, or an agent who locates property for a buyer or who finds a buyer for a property for which no listing exists and Presents an after to purchase to the seller, (p) 'Subagent" oneens a person to whom an agent delegates agency powers as provided in Article 6 (commencing with Section 2349) of Chapter 1 of Title 9. However. "subagent" does not include an associate licensee who is acting under the supervision of an agent in a real property transaction. 2879.14 listing agents and selling agents shall provide the seller and buyer in a real properly transaction with a copy of the disclosure form Specified in Section 21079.16, and, except as provided In subdivision (c), shall obtain a signed acknowledgement of receipt from that seller or buyer, except as provided in this section or Section 2'879.15, as follows. (a) The isling agent, if any, shall provide the disclosure form to the seller prior to entering into the listing agreement, (b) The Selling agent shalt provide the disclosure form to the seller as soon as practicable prior to presenting the seller with an offer ID purchase, unless the selling agent previously provided the seller with a copy of the disclosure form pursuant to subdivision (a), (c) Mere the selling agent does not deal on a tace-to-face basis with the seller, the disclosure form prepared by the selling agent may be furnished to the seller (and acknowledgement of receipt obtained for the selflng agent from the seller), by the listing agent, or the selling agent may deliver the disclosure forni by certified mart addressed to the seller at his or her last known address, in which case no signed acknowledgement of receirA is required. (d) The selling agent shelf provide the disclosure form to the buyer as soon as practicable pnor to execution of the buyers offer to purchase, except that if the offer to purchase IS not prepared by the selling ageni. the selling agent shall, present the dIsdosure form to the buyer not later than the next business day after the selling agent receives the offer to purchase from the buyer. 2079.15 In any circurnslaince In which the seller or buyer refuses to sign an acknowledgement of receipt pursuant to Section x^.879.14, the agent, or an associate licensee acting for an agent, shall Set forth, sign, and date a written declaration of the facts of the refusal, 2G70.16 Reproduced on Pagel of this AD form, 2079A7 (a) As soon as practicable, the selling agent shall disclose to the buyer and seller whether The selfing agent is acting in the real property transaction exclusively as the btryers, agenl, exclusively as the sellers agent, or as a dual agent representing both the buyer and the Seller. This relationship shall be coofirmed in the contracl to purchase and sell real property or in a Separate wrong executed or acknowledged by the salter, the buyer, and lhis selling agent prior to or coincident With execution of that contract by the buyer and the seller, respectively. (b) As soon, as practicable, the listing agent ,hall disclose to the seller whether the listing agent is acting In the real property transaction exclusively 08 the setters agent, or as a ducil agent representing both the buyer and seller. This relationship shall be confirmed In the contract to purchase and sell real property or in a separate writing exerxited or acknowledged by the seller and the listing agent rAor to or coincident with the execution of that contract by the seller, (c) 'The confirmation required by subdivisions (a) and (b) shall be in Ile following form. g Is the agent of (check one)� I the seller exclusivelyi or -i both the buyer and seller, SA (Name of Listin A NOT COMPLE�TE, MPLE ONLY j_en_t)__ 1D' N TIC MPLELE,5AMPLE QqLyj ly or F_ the seller exclusively; or the agent of (check one): the buyer exclusive I (Name of Selling Agent if not the same as the Listing Agent) 1 1 both the buyer and seller. (d) The disclosures and confirmation required by this Section shall be In addition to the disclosure required by Section 20791.14. 2079.18 No Selling agent in a real property transaction may act as an agent for the buyer only, when the selling agent is also acting as the Wing agent in the transaction, 2079.19 The payment of compensation or the obligation 10 pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer, A listing agent and a Selling agent may agree to share any compensation or commission paid, or any fight to any compensation or commission for which an obligation arises as lite result of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship, 2079,20 Nothing In this article prevents an agent from selecting, as a condition of the agent's employment, a specific form of agency relationship not specifically prohibited! by this article if the requirements of Section 2079,14 and Section 2079.17 are complied with, 207911 A dual agent shall not disclose to the buyer that the seller is willing to sell the property at a price less than the listing price, without the express written consent of the seller. A dual agent shall not disclose to the seller that the buyer is willing to pay a price greater than the offering price, without the express written consent of the buyer, This section does not after in any way the duty or responsibility of a dual agent to any principal with respect toy confidential information other than price, 2079.22 Nothing in this article precludes a listing agent from also being a selling agent, and the conribination of these functions in one agent does not, of itself" make that agent a dual agent. 2079.23 A contract between the principal and agent may be modfied or aftered to change the agency relationship at any time before the performance of the ad which is the obied of the agency with the written consent of the parties to the agency relationship. 2079.24 Nothing in this article shall be construed to either diminish the duly of disclosure owed buyers and setters by agents and their associate Ilicensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct J" connedioni with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure. PublHOLd and 131affibulad by REM. ESTATE BUSINESS SERViCES. Wc, 6:25 SDUNh Wgil Ayeru�%., I a subsdvary afffie CWanva A=naron ol nFALTORSE F hy We -0s Ang&Eff s, C a itcjmD ROLT AD REVISED 12114 (PAGE 2 OF 2) DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD IMAGE 2 OF 2) Pmduced vAnh ziprornAd by npi-agax 18070 Fifteri Mile Road, Frasei, Michigan 48026 Wana"LM Skiwo 05;1104116 CC AGENDA PAGE 330 DocuSign Envelope IID, 24166BED-2DC2-4A45-AE36-4B9AEEE707D2 VS('A I 1 1, 0 R NI A POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER A S S 0C, l A F i at N I( 111, Ik T, A UJJ) tt S OR SELLER - DISCLOSURE AND CONSENT f (G.A.R. Form PRBS, 111141 A real estate broker (Broker), whether a corporation, partnership or sole proprietorship, may represent more than one buyer or seller. This multiple representation can occur through an individual licensed as a broker or salesperson or through different individual broker's or salespersons (associate licensees) acting under the Brokers license. The associate licensees may be working Out of the same or different office locations. Multiple Buyers-, Broker (individually or through its associate licensees) may be working with many prospective buyers at the same time. These prospective buyers may have an interest in, and make offers on, the same properties, Some of these properties may be listed with Broker and some may not. Broker will not limit or restrict any particular buyer from making an offer on any particular property whether or not Broker represents other buyers interested in the same property,, Multiple Sellers: Broker (individually or through its associate licensees) may have listings on many properties at the same time. As a result, Broker will attempt to find buyers for each of those listed properties. Some listed properties may appeal to the same prospective buyers. Some properties rnay attract more prospective buyers than others. Some of these prospective buyers may be represented by Broker and some may not. Broker will market all listed properties to all prospective buyers whether or not Broker has another or other listed properties that may appeal to the same prospective buyers. Dual Agency. If Seller is represented by Broker, Seller acknowledges that broker may represent prospective buyers of Sellers property and consents to Broker acting as a dual agent for both seller and buyer in that transaction. If Buyer is represented by Broker, buyer acknowledges that Broker may represent sellers of property that Buyer is interested in acquiring and consents to Broker acting as a dual agent for both buyer and seller with regard to that property. In the event of dual agency, seller and buyer agree that: (a) Broker, without the prior written consent of the Buyer, will not disclose to seller that the Buyer is willing to pay a price greater than the offered price; (b) Broker, without the prior written consent of the seller, will not disclose to the buyer that seller is willing to sell property at a price less than the listing price; and (c) other than as set forth in (a) and (b) above, a dual agent is obligated to disclose known facts materially affecting the value or desirability of the property to both parties. Offers not necessarily confidential: Buyer is advised that seller or listing agent may disclose the existence, terms, or conditions of buyer's offer unless all parties and their agent have signed a written confidentiality agreement. Whether any such information is actually disclosed depends on many factors, such as current market conditions, the prevailing practice in the real estate community, the listing agent's marketing strategy and the instructions of the seller. Buyer and seller understand that Broker may represent more than one buyer or more than one seller and even both buyer and seller on the same transaction and consents to such relationships. Seller andlor Buyer acknowledges reading and understanding this Possible Representation of More Than One, Buyer or Seller - 9,§bIosureWAqon d and agrees to the agency possibilities disclosed. I - – ' pr , Seller — Fannie Mae Date Seller .. .. . . ....... Date Buyer The 01 of Bakersfield Date Buyer. Date -- Real Est... lifomia Asset Services CaIBRE Lic # 01863881 Date 4/3/2016 By qdktkMk� -- CalBRE Lic # 01365274 Date Real Estate Broker (Firm) n1a CaIBRE Lic # Date By CaIBRE Lic #— Date n1a 0 2014, Colifornia AssocWion of RFALTOR&R% Inc. United Slates mpyright law ITitfe 17 U.& Code) foebids the unauthorized distribution, display and repi-oduchon of this form, or any portion Meleof, by photocopy machtn,e or any other rnearts. including facsilmde or computerized formats, THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA A,5SOCIATION OF REALTORS�d (C.A,P.,), NO REPRESENTATION IS MADE AS TO THE LEGAL VA_ DITY OR ACCURACY OF, ANY PROVISION IN ANY SPECIFIC rRANSACTION, A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE, ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE IL.EGAL. OR TAX ADOCE, CONSULT AN APPROPRIATE PROFESSIONAL.. This form is made available to real estate professionals threUgh an agreement with or poTchase from the CalifornW Assodation, of REALToRse. It W riot intended to Identify the user as a REALTORF% REALTORe is a registered mflecflve membefship mark whictl may be uried only by members of the NATIONAL ASSOCIATION OF REALTORSqyr who subscribe to Rs, Code or Ethics. Puhl] hod d 0] looted by o :: 's ...... .... '$IT REAL ESTATE. BUSINESS SERVICES, INC, a subsidaty of Me Cafifomia AssodaWn of REAL TORSA,� 525 South Wgil Avenue. Los Angeles, CaIrromia 90020 "do �— FReviewed by Date PRBS 111/14 (PAGE I OF 1) 1-171.1 POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER OR SELLER (PRBS PAGE I OF 1) CAAA wt Srr% arts,.., CA 411014, Mirme 998.211L4'WO Fa' W9ZL0577 P.fiwVim YAV6%jq Prolucedwth zipFaffnP try zipixgix 18070 Fiftwn Mile Road, Ffanw, Whigan 4RO26 Asoy,tia�l.aart,daucQM 05104116 CC AGENDA PAGE 331 DocuSign Envelope ll), 241666EO-2DC2-4A46-AE36ABDAEEE70702 ]ASCLOSURE, OF INFORMATION ON LEAD-RASED PAIN'TAND/0111 LEAD-RAWD PAINT HAZARDS RF , 0 Case 1,140B1117 1,oan 4: 4004996562 . . .... . ............... Profwrty Address: 105MORRISONST. BAKERSFIELI)XA93309 Lead Warning Staternent F'ver.y purchaser rat airy interest in residenfia] real proper y= on which a resit1cmial dwelling was buill prior to 1978 as notified that such property may present cxtmirc to lead from leral-bascd paint that mtkv place young, diddrcnat risk ol'developing lead poisoning. Lead poisoning in young children may pmduce permanent neurologiol dmnagc, including ica•ning disabilities. redmed intelfigence quotient, behavioral probjeoh% grid impaired rnernor%,. Lcad pcsisoning also poses as particular risk to pregnant wonicn, The seller ofmry interest in residential reap property is required to provide, the buyer with any inibrinrition on lead-luvwd paint hazards frorn risk tis-wssmenls w inspcefiouq in the seller',., possession and nolify the buyer of any knovvii Icad-Nised paint lurzards. A risk assessment or inspection fair possible laid-based patina havards is recominended prior to purchase, at purchrmer's expense. Seller's Disclosure (initial) (a) llresenoc of lead-based p4im and/or lead-hased paint hazards- (cheA one belowP El known lead -hased paint and/or lead -haled paim hazards are present in the housing (explain(; [Ni Seller has no knowledge of lead( bawd paint and/or Icad-liaised paint hazards in 1he hmising (11); Records and rerx'wisavailable It) the seller (cheek one below). El Seller has provided the purchaser wilh all available records and rcptprLy pertaining to lead-bawd Paint andelor lead-bawd paint hazards in the housing (list documents below), [S Seller has im reports, or records pertaining to Icad-(slut( paint andior lead-bawd paint hazards in Ihe housing. Purchaser's Acknowledgment (initial) M Purchaser has recen, ed copies of alt anti' nnation lister.( alxwe. . . .. Purchmser has reccked the pamphlet protect Your Family from Lead in ('our lionle. (e) purchaser has (check one below): Received a I 0-day opportunity (or mutually a -sn -pcQtkm for the greed upon period) It) conduel a risk asses nont or ins presence oflead-Nised paint anti/or legal -bascd paint hazardsa or Waived Flee opportunity to conduct a risk assessment or inspection ror fire prownct cflead-haswd paint an&or lead- based paint hazards, W1,11,110VT ANY RETRESENTATIONS OR WARRANTIEN PURCHASER AGRI`4N THEY ARE PURCHASINC TIIE PROPETUY "As WHATSOEVER AS TO THE CONDITION OF THE PROPERTA/. PURCHASER Fujuill,'R. AGRIr.F.S THAT AND 1'rS SEIZNr ICERS, REPR ESE NTATI VEN, ACENTS, AITORNEVS, OFFICIFAM DIREC-I'ORS, EMPLOYEES, SUCCESSORS AND ASSIGNS IIAS NO RESPONSIBILITY OR LIABILITY FOR, AND PURCHASER I-JEREBY UNCONDITIONALLY RELEASES SELLER, AND ITIS SERVICERS, DIRECTORS, VNIPLOYVIN, SU('CESS0168NI') ASSIGNS FR()%I,AN%' A%D ALI, mmmm-y, num KNOWN AND UNKNOWN, PRESENT AND Ft I'VRE,T]IATIS 11A.sED UPON, OR RELATED TO, "I'llE ENISTENCE OF' LVADOR LEAD-BASM PAINT ON OR ABOUT THE PROPER11. Broker's/Agent's Acknowledgment (initial) (1) ftrokm'Agent has informed the seller ol'the seller's obligations under 42 1 a.y .0 4852d and kaware of F9( hisnier responsibflky w ensure compliance, Certifliefltion of Accuracy file following parties have reviewed the inl4mation above and cenity, to the be,,( of their knows Ball's fl I �flleinfor afitmi providcd h}- the signaton, is true and accurate, faaaataie ,e Date Seller data ' B•okcrt'Agcnt [)ate, I Fro kerr , 1)ate Purchaser 1)ate PUT haSCr 1)atc Jon 2009 CREATED WITH AMNFORMS,COM 05;1104116 CC AGENDA PAGE 332 Docu&gn Enve4ope la 241666EO-2DC2-4A45-AE36-489AEEE707D2 jtj >() # 1-140BR7 REAL ESTATE PILWHASE ADDE4 NDUM This RcIll Elaine Purchase Addendum ("Addcndurn") is to be made part of, and incorTN)rated into, the Real HIstate Purchase Contriiet (dic X'Onlrad"). bChAlCell FaIV)le Mae Ti ! City ("Seiler") and ("Purchaser") fi)r the property and iniprovernenis located at the fbilowing address: 105 MORRISON ST BAKERSFIELD CA 93309 Property As used in this Addenduni, the Contract, Addendurn and any riders ihereto shall be Collectively rcl' ;rred to as the -Agreenient". The Seller and the Purchaser agree as fiollow�-, QUI er: 011) 011'er: The Purchaser has ol'16W to purchase the property t6r if purchase price in file amount of 137000 in aecordance with the lernis set forth in the Agreement (-OfTeC'), The SLUcr has reviewed the Offiwr and —da �incd �Fsu;ffjeicjit fnj• acceptance, lb) j—\c—qL)tand, L Nolwithstanding Seller's ackritWedgernent that the 0116- is sufficient fi)r acceptance, the Purchaser agrees that the Agreement remains saliject to acceptance by, the Seller aiid ilium be signed by all parties in order to be binding. The Agreentent shall IV eNctive as ot'llie, date oI'e.NeCU1i01l by SLIler V'EfIbetive Dtnc-) "l`he Purchascr%,,CaFn0Sl nioney, deposit of $ o is to be placed in a trust account acceptable to the Seller lvithin two l2) calendar days Fo1T0w-i`j1`g Clad l.tta stave —Datc. Agreenicni, signed by the l'urchaser and reflecting the ternis as acknowledged bytheSeller, must be received by the Seller within five (5) calendar (lays of the receiptofthe , notice that the (.)Mr was sufficient for acceptance. ll'the Sellerdoes not receive the signed Agreement by such date, dic Purchaser'soffier shall be deented null and void. As used in this paragraph, file tern "received by the Seller" nicans actual reccipt orlhe Agreement by the Seller's listing agent. The llurchascr shall presen( Proof, satisfactory to the Seller. of the Ptirchaser's Bands or prequalification fior a niortgage loan in an an'101,1111 and under terns sufficient fior the PurchasLr to petibrT11 its Obligations under this Agreement, "line prequalification shall include bill is not limited to. a certification ot"prequafirication or a mortgage loan commitment fimi a inorl p,,gc Irrider, a satishiclory credit report and/or proof or runds surricient to rimed die Purchascr',s obligations under life Agreetnent- The Purchaser", submission or is a condition precedeni (4) the Seller's acceplance, Hie Seller may require the Purchaser to obtaim at no cost to the Purchaser, loan prequalificalion froin a Seiler approved third party lender. Nolwithstandinig any S'Llter required preQUafifiCajit)jj. 111C purchaser acknowledges that Purchaser is Irce to obtain financing ffiltil army source. Finie is of Lhe, Lssejjcc ul - setticclit Date: : -- (a) It is agreed that firtle is Of' tllv essence Willi res, f"Cl to all dates specified in the Agreenieni. "I"his nicans lhat all deadlines are, intended to he strict and. absolule, (h) The closing shall take place on a. date f"Settlenient Date-) on or before q5oV2016 ("ENpiration pate "'), unless, extended in writing signed by (lie Seller arld the Fii-i'-ehaser or extended by -Ji e" -S" e I I cr tinder i i c Ke"r"' the lernis of` the Agreement- The closing shall be held at a plaice so designated, and approved by the Seller Unless otherwise required by allpticalile law. The Purchaser has the right to make an independent selection of, their own attorney. settlenicill conipally,, esLrow company, title company antFor title insurance company it) connection with the CIOSil!lg- T111 date the ClOging takes, place sdiall he retbrred to as (Ile Settlement Date fair purposes or` Elie, Agreement. If the dosing does not aecar by file Expiration Date, or in any extension, the Agrunient is automatically lerrninated and the Seller nay retain any earnest money' dq osil as liquidated damages. F A NN I H' M AE FOR M tO I (0c lolxdr 7„ 20 11 05;1104116 CC AGENDA PAGE 333 DocuSign Envelope ID: 2416(>6E9-2!DC2-4445-AE364B9AEEE707D2 1 Vinancigg: 'Phis Agreement (check one): (a) is u1sh (0)� is tg]) is not, contingent on the Purchaser obtaining financing kir the purchase car the Property. 11' this Agreenient is contingent oil financing. file lypk oFfinaricing shall Ile the following (check one): E] Conventional Vi IA VA Other (specif'y: All Financing. 11' dais Agreement is contingent on financing, the Purchaser shall apply Rir a loan in t aniount of' So with a term of years, at prevailing raters, ternis and condidons,-. The sfia" 11' —complete and submit to a niortgage lender, of the Flurchaser's choice, an application for as mortgage loan containing [lie ternis wl Forth in this Para gr-,,riph within five (5) calendar dqs of the IJTiaCfivc fkitc- and shall use diligent effisris to obtain a mortgage loan commitment by . . ..... It', despite ille Purchaser's ddigr rat eirorts, tile Purchaser cannot obtain a mortgage loan commitment by time specified date, flicti either the Purchaser or the Seller may terminate the Agreenient by giving writien notice to the other party, The Purchw cr'.s nolice nitist include a copy orthe Joan applicafion, prool'ol'the application date, and a colly ofthe denial letter firorn the prospective lender. In (lie event of a proper tennination cal' the Agreement under this paragraph, the earnest money deposit shall be returned to dic purchaser, The I"Urchascr agree,,,, I(, cooperate mid comply with all requests for docurnents and inforn-tation fi-orn the Purchaser's chosen lenderduring the loan application proceqs. Failure of the PurchasLr to comply with such requests frown the lender dini results in the denial of the niorigag !c loan will be a breach of the Agreement and the Seller shall he entitled to rewin any earnest rrloneN' cicpsYsitecl liv the, Purchaser. (a) Any change as to [lie ternis ol'ilie Purchaser's I'mancing, including Hit not finlited to any change in the Purchaser's lender, aller negotiations have been completed may, at (Seller's, discittion, require renegotiation of all tennis; of tile AgrererricT% Seller sliall have the right to terminate the Agrvernent in the event there is a change in Purchaser',,,', financing or choice air lender. (h) The Purchaser shall ensure that the lender selected by the Purclw.�w io finance the sale shall Fund the sLtilenieni agent as orthe Skttlenient Dlic. 111C Purchaser shall further en.SUre 1hat the selected lender shall provide all lender prepared closing documentation In the settlement agent no later than 48 hours prior to the SLUIcnient Date. Any delay" in closing as as result ol'the Purchaser's selected lender shall be the responsibility of the PurchasLr. 4. jLse : The Purchaser (cheek one): (L:I) does, (IZI) does not, intend to US'(, "Und occupy the Property as Purchaser's primary rcsidcnce, 5„ Ins .—pc.01PT1,S: (a) On or before wn (10) calendar days from the Illeedve Date, the 11kircha.sLr shall hispect the Property or obtain for its own use, benefit and whance, hiqxcdons and/or reports on the condition of the Property , or he deerned io have waived such inspection and any ob ' jectioms to the condition of the Property and to have accepted the f1ropLrk1. The Purchaser shall keep the Proporly, lice and clear of liens and indemnify and hold the Seller harmless from all liability claims, demands. dainages, a and cosk related to the 11twellaser's inspection and (lie Purelwer shall repair all damages ge arising firorn or caused by the insivctions. The Purchaser shall not directly, or indirectly eansc any inspections Ian be made by any govcrnrncnt building or zoning inspectors or goveninient employees without the prior written consent ol'tho Seller, unlcss required by law, in which case, [lie Purchtiscr shall provide rewxmiable notice to the Seller prior to any such imspccfion. irtbe Seller has winterized this Property and file Purchaser desires to have the Prolvily inspected, the Seller's listing agent will have file llropert3 dewinterized prior to iwpeefion and rewinterized after inspection, Within five (5) calendar days ofreceipl of any, inspection report prepared lay r or for (lie Purchaser, but nor later Illin ten ( 10) calendar days 11rom the Eftective Date, whichever first occurs, (lie Purchaser will provide writlen notice to the Seller ofativ items disapproved. 1-he flurchaser's silence shall be deenied its acccplancc of the wndifion of the Property. The Purchaser shall provide it) the Seller, w no cost, upon request by the Seller. complete copies ol'all insIvetion reports urKm which the PURCHASFR iinjlpahj VANNIF MAID OW (0cwho'7,2014i 05;1104116 CC AGENDA PAGE 334 DocuSign EnVelDpe ID 241666ED-2D C2-4A45-AE36.4B9AEEE707D2 Purchaser's disapproval of flic condition offlv property is bam.,& III no event ',hall the Seller be, obligated Io inake, any repairs or replacements that may be indicated in the Purchaser's inspection rcjX)r1s. 1"he Seller may, in its sole discretion, make such repairs, to the property under the terms described in Section 6 of this Addendum. If Ihe Seller elects not to repair the property, [lie Pumhaser May cancel this Agreement and rcceive all carnest Inoney cJeIx)shcd. 11" fhe Seller elects to nulke tiny such repairs to (lie property, the Seller shall notiN the Purchaser afler completion of1he repairs and the Purchaser shall have five (5) calendar days froni the (late or notice, io inspect the rel-kiirs and n0fllN the Seller of any herns disapliroved. If after iIINpCCfi('$fl thC I;UrLhaser is nol satisfied wilh repairs or treatments, llurchaso.;r muy terminate the Agreement at any finic prior to Closing. In sitti-Itions that are applicable, a structural, electrical, niechanicat envirorinvival or termite inspection report may have been prepared lbr the benefit ofthe Seller, OpOfl rc(ILICSt, (lie purchaser will be allowed to revioN the report to obtain the same inl'onnation and knowledge the Seller has aNnit file condition of" the Property but the Purchaser acknowledges that the inspection reports were prepared for the sole use and bencto of the Seller. i"he Purchaser will not rely upon any such inspection reports obtained by the Seller in making a decision to purchase the Property. (b) If' the Property is -,I con(lominiurn or planned unit developinent fir co-opuzafivc,, unless otherwise required by law, the purchaser, at the Purchaser's own expense, is responsible fior obtaining and revickving; the covena,Ilts, cojjcifions and restrictions, and bylaws of the condorni niuni,, or plaruted unit dcvc1opmetil or coollet-al i Vc ( "Governing Docurnents") Within fen ( 1(,t) calendar days of the Effeefive 1)ate. The Seller agrees to use reasonable efforts, as detennine(l itj file Scllcr'.s sole discretion, to assist the Purchaser in obutining a cop), of the Governing Documents. fhe Purchaser wilt he deemed to have accepted Ibc Governing Documents it* the Purchmser does not linwide the Seller notice in writing, within fifteen 115) calendar days or the jilffi cjjvc Date. of the Purchaser's disapproval oI' the Governing DOCUIIICIAS, In the event Purcluiscr disapproves of the Governing Documents, Purchaser has the right to tcri-ninale (lie Agreement provicled the Iliarchiiscr rwfifics'.S'eller in writing of Purchaser's disapproval within fificen ( 15) calendar days ofthe Eflective J)ate, 6, Repairs: All repairs and trealmenis will be completed by a vendor approved by the Seller,, anti vvilt be sulj"l Ira the Seller's satisthc1ion only, If the Seller has agreecl to pay for treatment of wood infesting organisms, the Seller shall treat only active inlestation. Neither the Purchaser. nor its representatives, shall enter upon the Property to make any repairs and/or treatments prior to closing ,, The Purchaser shall inspect the repairs and/or treatments as set forth in paragraph 5ja) or is deemed to have waived such inspection and any objections to the repairs andlor treatments. The purchaser acknowledges that all repairs and treatnicnis are done liar (lie benefit of the Seller and not for the benefit of'the purchaser and that the Purchaser has inspected or has been given the opportlinitv to insped repairs and Ireatments. Any repairs or Irealments made or sassed to be made by the Seller shall he completed prior to closing, Linder no circumstances shall the Seller be required to make any repairs or treatments after the Sculcrijent Date. The Purchaser acknowledges that closing on this transaction shall be deemed the Purchaser's reaffirmation that the Purchaser is satisfied with the condition of the Property and with all repairs and treatments to the Property and Nvaives all claims related to such condition and to the quality of the repairs or treatments to the Property. Any repairs or treatments shall tv pertbrined liar funclional purposes only and exact remoration ol'appearance or cosmel is iteins loliowing any repairs or Ircatmenis shall not he required. The Seller ;hall not Ix- obligated to obtain or provide to the Purchnser any receipts fbr repairs. or trrajtjjjcjjts, written statements indicating dates or INI-ws of' repairs aml/ or treatnicnis or copies of' such receipts or statements nor any other clocumentation regartfing any repairs or treatments to the property. THE SELLER DOES NOT WARRANT OR GUAItANTEE ANY WOM REPAIRS, OR TREATMENTS TO THE PROPERTY. '1111" PI: RCIJASER AGREES 1`0 urvun AND DELIVI,"ll 1`0 H IE SELLEIR AI' C "LOSI'NG I'ANNIt" N11AF'S WAIVE'R &, RELEASIP 2012. 7 CO—NDIII-ION QF PROPERIY: THE PURCHASER UNDERSTANDS THAI' SELLER A( " 'QUIRED THE PROPERTY BY FORECLOSURE, DEED-1N-1AEU OF FORECLOSURE, FORFEITURE, TAX SALE, Oil SIMILAR PROCESS. AS A MATERIAL PART OF TIIE CONSIDERATION TO BE RECEIVED BY THE SELLER UNDER THIS AGREEMENT AS NEGOTIATED AND AGREED TO BY THE PURCIIASER AND THE SELLER, THE PURCHASER ACKNOWLED(vES AND AGREES TO A(,(,,'Ep,r 'ru PROPERTY IN "AS IS" CONDITION AT THE, TIME OF CLOSING, INCLUDING, WITHOUT LIMITATION, ANY DEFECTS OR ENVIRONMENTAL CONDITIONS AFFECTING THE PROPERTY, WHETHER KNOWN OR UNKNOWN, WHETHER SUCH DEFEC,rs OR CONDITIONS WERE DISCOVERABLE THROUGH INSPECTION OR NOT THE PURCHASER ACKNOWLEDGEST HAT THE SELLER, ITS AGENTS AND REPRESENTATIVES HAVE NOT MADE AND THE SELLER SPECIFICALLY NEGATES AND DISCLAIMS ANV REPRESENTATIONS, NVARRANTIES, PROMISES, COVENANTS, AGRFENIENTS OR GUARANTEES, IMPLIED OR EXPRESS, ORAL OR WRITTEN WITH RESPECT TO TH E FOLLOWING: PIJRCIIA411ialnifials) J`ANNW MAE FORM 00I 10clober 7, 05;1104116 CC AGENDA PAGE 335 DOCUSign Envelope 10 241666EO-2DC24A45-AE364B9AEEE707D2 (A) THE, PHYSICAL CONDITION OR ANY arlIE,11 AspuxT OF 'mE PROPER'n, INCIAJDING THE STRUCTURAL INTEGRITY OR THE QUALITY Olt C11ARAC1 ER OF MA'rERjALS USED IN CONSTRUC11ON OF ANY IMPROVEMENTS (E.G. DRYWALL, ASBESTOS, LEAD PAIN't, 11REA FORMALDEHYDE FOAM INSULATION), AVAILABILITY AND QUAN"HTY OR QUALITY OF WATER, STABILITY OF Tuit: Soil., suSCEPTIBIIATY TO LANDSLIDE OR FLOODING, SUFFICIENCY OF DRAINAGE, WATER LEAKS, WATER DANIAGE, MOLD OR ANY OTHER MAITER AFFECTING TIIE STABILITY, INTEGRITY, OR CONDITION OF THE PROPERTY OR IMPROVEMENTs; (8) 'niF CONFORMITY Or THE PROPERTY, OR TILE. IMPROVEMENTS, TO ANY ZONING, LAND uSF OR BUILDING CODE REQUIREMENTS OR COMPLIANCE WITIJ ANY LAWS, RULES, ORDINANCES OR RE.GULATIONS OF ANYFEDEWkL, STATE Oil LOCAL GOYERNNIENTAL AUTIJORITY, ORTHE GRANTING OF ANY REQUIRED PERMITS OR APPROYALS, IF ANY, OF ANY GOVERNMENTAL BODIES WIIICH IIAD JURISDICTION OVER THE CONSTRUCTION OF THE ORIGINAL STRUCT11RE, ANY IMPROVEMENTS AND/OR ANY REM()DELING OF THE STRUCTURE; AND (C) THE HABITABILITY, MERCUIANTABILITV, MARK ETABI uTY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE, PROPERTY OR IMPROVEMENTS INCLUDING REDHIBITORY VICES AND DEFECTS, APPARENT, NON APPARENT OR LATENT, WHICH NOW EXIST OR WIIICFI MAY' HEREArVER EXIST AND WHICH, IF KNOWN To"niE PURCHASER, WOU1,A) CAUSE, TI'IE PURCUASERTO REFUSE TO PURCHASE THE PROPERTY. Mold, mildew. spores andlor other microscopic organisms and/or allergens JyollectiveAi referred to in this Agreement as "Mold") are environmental conditions that are common in residential properties and may affect the Property. Mold, in sonic forms, tins been reported to be toxic and to cause serious physical injuries, including but not limited to, allergic and/or respirator), reactions or other problems, particularly in persons with immune system problems, young children and/or elderly persons, Mold has also been reported to cause extensive damage to personal and real property. Mold may have been removed or covered in the course of any cleaning or repairing of the Property, The Purchaser acknowledges that, if Seller, or any of Seller's employees, contractors, or agents cleaned or repaired the Property or reniediated Mold contamination, that Seller does not in :my way warrant (tic cleaning, repairs or remediation. Purchaser accepts full responsibility for all hazards that may result from the presence of Mold in or around the Property, The Purchaser is satisfied with the condition of the Property notwithstanding the past or present existence of Mold in or around the Property and Purchaser bas not, in any way, relied upon any representations of Seller, Seller*s employees, officers, directors, contractors, or agents concerning the past or present existence of Mold in or around the Property. II at any time the Projieily , conditions result in violation,; ol'building C(Ae Or other laws crr regulations, either party sliall have the rig.111 to lernlinale the Agreement atany thric prior to closing. Ifillere is an enfi�rcemenl proceeding aflshlg frorn alleppilions of such Vi0fal ions he lbre an enflorcernent Ivard. special master. COUrt or shnilar enfiorcemeni fx)dy, and neither the Purclia w,,,r nor tile Seller terminate this Agreenient, the I'Urchaser agrees (a) to accept the 1roperly subJect it) the Violations, (b) to IV responsible for complimice, wifli the applicable code and with orders iSSUCd ill Mly Garde Cufbrcenient Proceeding and (c) to resolve the deficiencies as yx)n as IX)mible,after tile closing. The Purelia,4.r agri c tai execute any and ,dl docillnents necessarN, or required for closing 1,ay any 'Llg0XV with jUrW iction over the tlroperly.The Nlrehaser further agrees to inklerrinfl'), tlje Seller firorn any and all clainis or liabifity arising from the p'urchaser's breach of Section 7 ol'this Addenduni. The closing of this sale shall constitute acknowledgement by the Purchaser that Purchaser had the opportunity to retain an independent, qualiried professional to inspect the Property and that the condition of the I"roperty is acceptable to the Purchaser. The Purchaser agrees that the Seller shall have no liability for tiny claims or losses the Purchaser or the Purchaser's successors or assigns may incur as result of construction or other defects which may now or hereafter exist with respect to the Property. The flurchaser arknoN%ledges that neither the Seller, nor its representatives,, agents or assigns, liars made any Avarranfics or reprewntations. ill"I)ficd Or exl),resscd, relating to Ole cxislencc of any tcliants or occupants at Ole I'roperty unless otherivise noted in Section 38 of this Addendum. Seller mprewnts dial tile Property may have tenants, occupying same under an active leltse but expressly disclainis any warranties repirding tile validity, eliffirceabifily, perfibrillance under or continuation of mid fease. II)e llurchaser acknowledges that closing on this traw';action shall he deenied [lie llurchaser's real /-n-mation that riciffier the Seller, nor its representatives, agents Or flssignS, has imade any warranties or PURCHASI'll p,Inikak'j ....... ... . - SFI I'll"T flnillalsa FANNIF MAE FORM 00 t i(ktobt,,r 7,201,1 j 05;1104116 CC AGENDA PAGE 336 DoeuSign Envelope 111), 241606EO-2DC24A45-AE36-4B9AEEE707D2 represenlations, implied or e%'presstd, relating to the existence of any tenaras or occupants lit the Prollcriv unles.s otherwise noted ill Section 38 ofthis AddCrldUM4 The Seller, ils agents or assigns,, shall not be responsible for e0cling or relocating,,,)ny tenants, occupants or personal properly at the Property, prior to orsub.squent to Closing uril"s otherwise noted in Section 38 cal" this Addendurn. All leases shall lie deerried assigricd to Purchaser upon closing to the extent PL x-rinitled under applicnble laws, '['Ile Purchaser I'Urther acknowledges that, to the best of' the Purchaser's knowledge. tile 1,Mler is not holding any security Y the fiornier deposit,,.; rrom former or, current tenants and has no hillwmation as to such security dcpo�,,,ils as may have been paid bN or current tenants to anyone ,aid agrees that no sums representing such tenant security deposits shall lie transferred to tile Purcllms;cr as part of this transaction, The purchaser further agrees io assurne kill responsibility and liability for (lic refund (A'such SC(Urit'S' deposits 10 file tenants pummin to the provisions of applicable Laws and All rerits, due and jxayabte and collected from tenants for file month ill which closing, occurs will be prorated according to file provisions of'Section 10 of this Addendum. ']'Ile Purchaser ackno%vIedges that this Properly may be subject to the provi%imis of' local rent conlrol ordinances and regulafloas. The Purchaser agrees that upim the closing, all eviction proccedings and other duties kind responsibilities car as properly owner and landlord, including but not limited to those proceedings required for compliance with such local rent control ordinances and regulations, will I-k- the Purchaser's sole responsibility, Perw'- rall llroj? v: Items, of persomal property, including but not limited to window coveringns. a actu , I I )i c pplikinces, inainif, ret. it n s. mobile homes, vehicles, spas', anlerinkis, satellite dishce, and garage door openers. now or horealler located (in the Properly are, not included in this sale or the Purchase Price unless tile per"110i)III properly is speci fically described kind referenced in Section 18 of this Addendurn, Any personal properly at or on the Property may Ile smbjecl to claims by fliird parties, and, lherefibre, may he removed from tile Properly prior to (it after the closing. The Seller niakes no representatiOn or warrarav tis io the condition or rmy per-Amial property, title thereto, or whether liny pcn.4mal properly is encumbered by any fiens, Tile Seller a"mmes, no responsibilily lbrany personal properly remaining, oil the Prolxrty al the lime ofelosing'. I Closil U s p - Lnil aW ---Adjuqtnigijk�: (a) The Purchaser and the Seller agree to pmr-ale dic lbilowing cxIx'llsLs ass or the Settlernont Date: real estate taxes aal(l as'Qlessolcols' coinnion 1trea charges, condominium or planned unit development or sirnilar co-strimunity assessillelills, co- operative fices, inklimenaricc fees kind rents, il"any. In determining imitations, the Settlement Date shall be allocated to tile Purchaser. llay-rnem of special assLssinent district borids kind assessnicrit& and payment orhorocowner's association or special assooss il lei its cm by Seller shall be paid current and prorated between the Purchaser and the Seller as of Scutement Date with payments not yet due and owing to be as,,mrned by tile 1'aLIX0111141' Without credit toward Purchase Price, Seller shall not be responsible for the pkiyrnerrt ofhollicolkoler's, assorociation or special assessments dues that Seller is not obligated to pay under Inv or contract, 'Pie Property laxes shall be prorated base([ on an estimate or actual taxes from the previous year oil tile Property, All proralions shall l�ae based upon a 30-day niontli and all such proraflons shall Iv fi nal The Seller shall not be responsible lbr any amounts due, paid or to be paid a filer closim"', including, bill not limited to any laxe:s, Imiallies or interest asses or due as a result (,)I' retroactive, postponed or additional taxes restilling firom any change in use (if, or construction on, or iniproverrient to ffie Property, or an kid usini,ent in the appraised value oftlic Properly. Ill the event [lie Seller hzvg paid any taxes, special asscssments or other tees and there is a Telund or ally Such taxes, assessnients or tees after (;lasin✓, and the Purchaser as current owner of the Property receives the payment. tile Purchaser will inimediately submit tile reltond to file Seller. (b) Fannic Mat, is a conoressiorially chartered corporation and is exempt ftom realty lxansla r taxes pursuant to 12 U.SE, 1723a(c)(2) and will not pay realty lnanstcr lases regardless of local practice. Any realty lransl�,r taxes due oil the sale as a rv,;ult of the conveyance of tae Property will be the sole resIN)nsibi lily oft-lie Purchaser. (c) The Seller Shia]] pay the real estate Commission per the listing ag.reeniew betiveen the Seller and lite Seller's listing broker. (d) Pure haser shall release Seller rrom any and all claims arising, koni the actiusqrnents tit prorations or errors ill OICUIaling [lie adJusurient or prorations that are or may be discovered allcy closing, 1111 P1 IRCI IASFR A611FES TO EXF.CUTE, AND DFIAVF'R FO THE, SLUER AT CLOSING' FANNIF MAI I ax Pslratio- Agruen' 03 /2011 . n g Will P13ZO I ASI�IR t I oki�ds) SELLYR (Witfills) FAR NIF MAI" FORM WA (Octollo 7, : "014 05;1104116 CC AGENDA PAGE 337 DoCuSign Envelope tea: 241(S6SEO-2DC2-4A45-AE36-4B9AEEE707D2 (c) Regar(fless ofhwal CUS10111, resp0irentcrttsxir practice, the Purcliaser shidl pay all costs and fees incurred in the transla r of the Properl) ' irlClUding the cost of any lender required Iwcs and recording costs except as, expre8sly assurniNl by the SLIfer in this Addendurn, (r) Title and (.'.]losing Sei-vice,% Purchaser will obtain title and escrow closing services from (cheelc one): Seller's escrow closing and title provider 4nd title insurance conripany used by Seller's provider. 1f flurchas—er selects thN, option, Seller shall pay fior the o%vner's and lender's title insurance policies. 11tircintser and Seiler agree that Seller's payment of the title insurance products is Inniled to the arnount that Seller would pay its provider Under its agreellient with the provider for a basic residential oNmicr's and lender's title insurance, policy tit flicil- equivalent. E— 01her escrow closing and title provider. If' llurchuser scicctS thiS 01)11011. PUrchaser shall bear the e%pellse for all title insurance costs zissociated with the transaction, regardless tat local cumorn, reqtdrelrients or prticticc" Dglivery oLLu ds• Regardless of local custom, requirements, car pracl ice, upon delivery of the deed by the Seller to the Purchaser, the Purchaser shall deliver, or cause to be delivered, all funds title the Seller front the sale in the lbrin of bank check, certified check or wire transfer. Ali attorney trasl fund check sJuill not he sufficieril to sadsl*y this provision unless the bank holding the account oil which the, trust fund Check is drawn Celli fies, the trust fund check. 12. C "erti licagg o)jl, �()Ccwqnc Li H'the Property is located in it Jurisdiction that requires a certificate of occupancy, smoke defector certification, septic certification or tiny Siniflar Certification Of- permit of0ccupancy") or any florni ofinipi-overnent or repair to file Propcily to obtain such Ceriffleate of Occupancy necessary for the llrtqvrty to be occupied„ tile Purchaser understands 11tat the Seller requires the Certificate of ()ccupancy to he obtained by tile Purchaser at tile 11"irchaser's, sole cxpcivse. The Purchawr shall make application for all Cerfificales of'Oecupuncy %%ithin fell ( 10) Calendar days offlic Fll lvc Date. ']"he Purchaser shall 1101 have the right to delay the closing title to the Purchaster's failure or inability to cibWirl arly required Certificate of Outlpallcy. Failure of' the Purchaser to obtain and lurnish the Certificate of()ccjlpjjle.N', shall be a material breach of [fie Agreement. L) C-1 LV : 'lite Seiler- shall deliver possession of the Prop ert) to the I:1tjrCjlaSej• ,I)[ elt)silig. 'file delivery of' possession shall be subject to the rights of any leriank or parties in possLsKion parr Section 9 of this Addend urn. Iffhe Purchaser alters the Property or CmL�;es [lie Prolvily to be altered in an�y way, mid/or occupies the Property or allows -art), other per�oll to occupy the Property prior to elosing without the prior vvirilten consent ofthe Seller. such event shall Constitute a breach by Lite Purchaser untier file A greenient and the ScHor may terminate the Agreertientand (fie Purchaser shall Ix litible to the Seller for dairliages CLILMLI by ally such alteration or occul7lation of firer Property prior to closing and ekaives any and all chijuns lbr darnages or compensations fbr alterations matte by the Purchaser to tile Property including. but not firnilcd to, any clainis, for tutiust enrichment, 14. Deed: Regardless ref local pracliu, lire deed to he delivered by Seller at Closing shall he a deed that covenafts, thal grantor grants only that title which grantor may, have and that grantor will only detbrid title against persons Claiming by. thro tigh. tar under lite, grantor, but, not otherwise. Any refierence to the terns "Med"err "Special Warranty Deed" herein shall be constrned to refer to such form of decd. Under no cireLlinstances shall Seiler be required to, deliver any fiorin ol"dLed NvIlich grants a general warranly El(ChC& it'applicable) Seller's deed Shall il)CIUde tile fiollowing (iced restriction: (J'RANT171" 11 F'REIN SI IAI J, BE PRol 11131 IT'll) FROM CONVE, YING CAPTIONED PROPERTY FOR A SALFS PRICE' 01` GREATH THAN S FOR A PFAI01) OF MONTII(S) FROM ' "1 "'1,11ti D. OF THE- RECORDI'Nol OF THIS Dl--'[-',D. GRANTEE SHALL ALSO BF PROI I III ]TI-1) I`ROM ENCUMBERING PRoITRJ'Y '11- 1 A SF,(.1JRITY INITREST IN TIIF PRINCIPAL AMOUNT OF GREMER TI IAN 1`0 R A PERIOD NIONTIJ(S) ]:R(.,)M THE DATE OF H It"' RECORDINCY OF I'l US DI FD f Fsffi Tz T,'STk I CTIONS S I I A 1, 1, R I I N W ITI l H I F I -A N D A N 1) A R 1` N0"1 N i R SONA 1, TO 6 RAN " 111 ` T] I I S R I "STR I C' H ON S I I A L 1, TI "'R MI N ATE' I M M U'D I A TI'L Y U 110 N CON V I -')' A NCF1 AT A NY 14.) R FCLOS 11 ) R F S A 11 RELATM1 0 A MORTGAGE OR DE FL) OFTRUST. PURCIIAMZ 0nifiako--- . ... ..... . SM-t-PR 0"itilliq FANNIE;MIAE FCAM 001 (Ckl(d+eg'7, 2014� 05;1104116 CC AGENDA PAGE 338 DocuSign Envelope 0 241666EO-2DC2 A45-AE36-4B9AEEE707D2 Delects in Tille, It' the Purchaser raises an ob ection it) the Seller's title to the jlropert%, Miich, it' valid. would ninke title to tile PrOlXrly UninSurable, the Seller shall have the right unilalerally to terminate [lie Agreement by giving written notice of tile termination to the Purchaser. I IoNvever, if the Seller is able to correct the problern through reasonable effiri1g, a. tile Seller determines, at its sole and absolli(c discretion, prior to the [�Expiralion Date, including any wwriticn extensions,. or if' title insurance is available heroin a reputahle title insurance company at regular rates corimining allu-niativo coverage fior the title obections. then the Agreement shall remain in full force and the Purchaser shall perlbrin pursuant to the tcrrn�,, set in tile Agreement, 'rile Seller is not obligated to remove any exeoptic"i or lo, bring any action or proceeding' or hear any expense, in order to convey title to the Property or to "'like tile title marketable instirable but ary attenipt by the Seller to remove such title exceptions shali not iinjxisc an obligation upon llxe Seller to remove those exceptions. The Purchaser acknowiedges that tile Seller's title to the Proixrlyinny be subject to court approval orlbreclosuie (ar to nlortgagor*s, right of'redemption, In the event the Seller is not able to (a) make the title insurlible 01, correct any prohlern or (b) obtain ti tic tic insurance lrom a reputable title insurance cotnpany, all as provided herein, [lie Purchaser may terminate this Agreement and anyearriest nioney deposit will he returned to flic, 11tirchaser as the Purchaser's sole remedy at law or equity. If tile Purchaser elect; to take title sul-�jcct to the title ob ections, the Purchaser shall so noti I' the Seller. 'rile Purchaser's silence as lo any lithe objeclions shall be deemed as acceptance, RenN5gntatitatas sand Wgilarities: , rile jltlrcha%ar represents and warrants to tile Seller the lbllowfilg: (a) The Purchaser is purchasing the. Property solely its reliance oil its own investigation and hispeeflon tai" the Property and not on any inf"orniation, representation or warranty provided or to IN Pl`0VidCd by the Seller, its ,,,crvicers. representalives, brokers, ernployces, tigejgs or assigns: (11) Neither the Set lei-, nor its servicers. employces, represellialive% brokci-5, agents or assipris, has Trade any rcprcscnta1ions or wwaurrantacs, implied or e-,pressed, relating to the condition of the Property or the contents, thcreof except as expressly set kirth in Section 39 offllis Addendum: (c) rhe PurchasLl- has not relied on any reprcsLirtittion or warranty from the Seller regarding the nature, quarily or Workmanship ol'any repairs made lay' the Seller- (d) I'lle, Purell,ascr will not occupy or CaLISC or 1xvinit others to OCCLIlly the Projxrly pricwr to closing and, tailess and until ,any necess'ary Certificate (if Occupancy has been obtained frclrn the appropriate governnienta] entity, wyj[j not ()ccLp Iy or cause or ixirmit others to occupy the Property alter closing; (e) The undendgried, ifexcotting the Agreemera on bchalf oflire Purchwx-r trams a corpomflon, partnership, Trust, or other entity, represents and warrants that lickshe is aulhorizz(l by that entity 10 crater into the Ag perfimli all duties and obligations stated in the Agreernent; and !reenient and bind dle entity to (r) 111c Purchaser (check one): 0 has E has not previously purchased a l,"annic Nlae OWT10d property. 17. WAIVERS: AS A mATERIAL PART OF THE CONSIDERATION TO BE RECEIVED B%1 THE SELLER UNDER THIS ACREEMENT AS NEGOTIATED AND AGREED TO BY '['HE PURCHASER AND THE SELI.,Eif� TIJE PURCHASER WAIVES THE FOLLOWING: (A) ALL RIGHTS TO FILE AND MAINTAIN AN ACTION AGAINST 'na SELLER FOR SPECIFIC PERFORMANCE; (B) RIGIIT TO, RECORD A LIS PENMEN S AGAINST THE PROPEW11' OR TO RECORD THIS AGREEMENT CAR A MEMORANDUM THEREOF IN T14E REAL PROPERTY RECORDS-, (C) RIGHT TO INVOKE ANY OTHER EQUITABLE REMEDY THAT MAY BE AVAILABLE TIIAT IF INVOKED, WOULD PREVENTTHE SELLER FROM CONVEYING ]'HE PROPERTY TO A THIRD PARTY PURCHASER: POW lASFR ¢ lnjiW SFT LF •ANNIF PV AE F(,)Rhl W) t (0clober 7,2014i 05;1104116 CC AGENDA PAGE 339 DocuSign Envelope 1U 241666EO-2DC2-4A45-AE36-4BDAEEE707D2 (D) ANY' AND ALL CLAIMS ARISING FROM THE ADJUSTMENTS OR PRORATIONS OR ERRORS IN CALCULATING THE ADJUSTMENTs OR PRORATIONS THAT ARE OR MAY BE DISCOVERED AFTER CLOSING; (E) ANY CLAIMS FOR FAILURE OF CONSIDERATION AND/Oil MISTAKE OF FACT AS SUCH CIIAIMS REIATETO THE PURCHASE OFTIIE PROPERTY OR ENTERING INTO OR EXECUTION OF OR CLOSING TINDER THIS AGREEMENT; (F) ANN" REMEDY OF ANY KINM INCLUDING BUT NOT LIMITED TO RESCISSION OF 'rms AGREEMENT, urtiER THAN AS EXPRESSLY PROVIDED IN SECTION 19 OF THIS ADDENDuM, TO WHICH TIIE PURCHASER MIGHT OTHERWISE BE ENTITLED AT LAW Oft EQUITY NVIIETHER BASED ON MUTUAL MISTAKE OF FACT CDR, LAW OROTIJERWISE; (c) TRIAL BY JURY, EXCEPT AS PROHIBITED BY LAW, IN ANY LITIGATION ARISING FROM OR CONNECTED WITH OR RELATEDTO TIIIS AGREENIFNI'; (1,I) ANY CLAIMS 0,11 LOSSES THE PURC"ASER MAY INCUR AS A RESULT OF CONSTRUCTION ON, REPAIR TO, CDR TREATMENT OFTHE PROPERTY, OR OTHER DEFECTS, WIIICII MAY NOW OR HEREAFTER EXIST WITH RESPE (.,,r ToTHE PROPERTY; (1) ANY CLAIMS OR LOSSES RELATED TO ENVIRONMENTAL CONDITIONS AFFECTING TIIE PROPERTY INCLUDING, BUT NOT LIMITED TO, MOLD, DRYWALL, LEAD PAINT, FUEL OIL, ALLERGENS, OR TOXIC SUBSTANCESOF ANY' KIND, (1) ANY! RIGHT' TO AVOID ITHS SALE OR REDUCE TIIE PRICE� OR 1IOLD THE SELLER RESPONSIBLE FOR DAMAGES ON ACCOUNT oF,n]E CONDITION OF THE PROPERTY, LACK OF SUITABILITY AND FITNESS, OR REDIIJBITORYVICES AND DEFECTS, APPARENT, NONAPPARENT OR LATENT, DISCOVERABLE OR NONDISCI)VERABLE; (K) ANY CLAIM ARISING FROM ENCROACHMENTS, EASEMENTS, SHORTAGES IN AREA OR ANY OTHER MATTER WHICH WOULD BE DISCLOSED Oft REVEALED BY A SURVEYOR INSPECTION OF THE PROPERTY OR SEARCH OF PUBLIC RECORDS, AND (111) ANY RIGHT TO MEDIATION OR ARBITRATION RELATING TO ORARISING UNDER OR FROM THIS AGREEMENT, EXCEPT AS PROHIBITED BY LAW, Rercrences to the --Seller" in this Section 17 ofthis Addendurn shall include the Seller and the Seller's servicers. repro s4mitalives. agents, brokxr,, employees, and/or assigns. In the event that the Purchmser breaches any ofthe terms described or contemplated under this Section 17 of this Addendum. the Purchaser ,di all pay all reasonable attorney f1ces and costs incurred by (lie Seller in de finding such action, and the Purchaser shall pa; Five Himmind Dulkirs ($5,000) as liquidated damages Rw breach of this Section 17 of the Addenc um. which aniount shall he in addition to any liquidated damagps held or covered by the 1,,.k1ler pursmani to Scelion 19 of'thi� Addendum, 19. Conditions lo.1he Seller' s flerlbrratlrr= The Seller shall have the right, at the Seller's mde dis-crelion. to extent] the j,wpjrutj()n -thisAgreernent ff: (11) rull payment ofany mortgagge insurance daini related to the loan previously SeClfftd by the Property is not confirmed I)riorto the clositigortli,e,Tiit)iig,ige (b) the Seller determines lhat it is unable to convq title to the Properly insurable wry reputable title insurance company at (c) lhe Seller at any, liffIC IMS rCLjUCStVd that thescri, icing lender, Or zany other pany, repurchase the loun p evionsb, syccured by the Prof-.iert)� aidlor such lender or other party hias elected to rep;ircllasc the prolvdy: 8 M MCI tMER onitials) ............ - — ---- S4 l FR (lnkialq tul l"ANNIE MAI-," FORM 001 g000b(, T 712(M) 05104116 CC AGENDA PA GE 340 DoCuSign Envelope IR 241666EG-2DC24A45-AE3,8-4B9AEEE707D2 (d) a lhird part), with rights related to the safe ofthe property does not approve the Sale ternis: M Full payment of any propertY. lire or hazard insurance claini is not confinned, prior to the closing (1) any lhird party, whether tenam, honvowner's associalimi. or othorwise, exercises rights, tillcler a right ol" InNI rel'usal to purchase the f1ropert% (gl Ific Purchaser is the fionner mortgagor of tile Property, or is rdaled to or affiliated in ,in%, way with the fi)rrner morfg,agor. anti (lie Purchaser has not disclosed this fact to the Seller prior to the Seller's aaeptallee of this Agreement. Such fifflure to disclose shall conslitute kicLauh under this Agreement. entitling time Seller to exercise any of its rights and remedies. including, wiffiout limitation, remining the carnesl money deposit, (11) the Seller, at the Seller's sole discretion, deternlilics Illat the sale of the Property, to the Purchaser or any refilled transactions are in any Way aSsocialed with illepif activity of any kind: 0) llama Agreement was accepted and Merited by Seller in noncompliance with Fannie Mac procedures or guidelines, 0 Seller determines in its sole diserction that [lie sale of the Property will sub ect Seller to fiabilit% andAw have an impact on pending, threatened or potential litigation-. or (L) nialcrial inj srepresental ion by (lie flurcluv r, Ill (fie emit the Seller elects to terminate [his Agreement as a restill, of'(u), (b), (c), ((it, (et, (1), (i) or (1) above, the Seller shall return the Purchaser's earnest money deposit, R RcnKrfies _r()r Defgj 1: (a) In the event of die, Pureli,aser's deCaull. material breach or material misrepresentation ofanN, hict under the term ,4 of this Ag,reemera, the Seller.. a its optioll, may relain the earnest 1110rie)" del)08il and ally Other fiunds the Mild by the Purchasu was liquidated damages and/or invoke any other remedy, available to Seller at law and/or cqnity and the Seller is automatically released rrom the obligation to sell the Property to tile 11urdmsLr and neither the Seller nor its reprLsenlatives, agents, aftornevs, succesiors,, air assigns shall be liaffle to flic Purchaser ror any damages of any kind as as result ofillie Seller's failigre to sell and convey the llroperty. Of In the event ol'llic Seller's definill. Or TIMICTU breach under the ternis offhe Agreuncia or if the Seller terrinnates (lie Ag grecnient as provided under the Provisions cal" Paragraph 18 (a), (h), (c), (d), (c), (1), (i) or (j) of this Addendni'll, [lie Purchaser shall be entitled lo the return of the earnest money dejx)sit as Purchaser's sole and exclusive rcmedy at law and/or equity The PUrChaser waives an), rights to tile and maintain an action against time Seiler lbr specific perficirmance, and the Purchaser acknowledges that a return of its airriest money deposit can adequately and Cahiv compensate the Purchaser. Upon TVIUrn of the cramest money deposit to the Purchaser, this Agreement shall he terminaied. aild the Purchaser and the Seller shall haw ill) furtber fiabilily or obligation, each to [lie other in connection wvitfr this Agreement. (c) '['lie Purchaser agrees flial the Seller sh"'111 1101 lx, liable to file Purchn,ser lbr ariv ,;pecj-,jj, conqcquenlial or Punitive dainap ges wbalsoever, , mhether in contract, tort (including ugligence and strict liability) or any oilier le-gal or equitable principle. including Ilul not limited to any cost or cxperj,,;e incurred by the Purchaser in selling or surrendering as lease on a prior residence, obtaining, OOICT living accommodations, ri'loving, storage or relocation experr,;Ls or anv ollier such expense or cost arising from or related to this Agreement or a breach amp` this Agreement, (d) Any consent by any party to, or waiver of a breach by tile other., whedier express or implied, shall not constinric consent to, waiver of' or excuse for any different or subsequent breach, (c) In the event either party clects, ttm excreise its reinedics as deqcrilled in this SLetion 19 of this Addendum and lhis Agreement is terminated, the parties ;hall have no further obligation under this Agreement except as to PrOViNi011 that survives flee terniination of this Agreernew pursuant to Section 24 of this Addendurn, sl"HYR (Inifialq) .—I, FANNIE MAt FORM 001 ((')Clober 7,20H 05;1104116 CC AGENDA PAGE 341 DocuSign Envelope 10 241666EC- 2DC2-4A45-AE36-4Bt)AEEE70702 20. Indcoinificatiorl: 'File Purchaser a-9rces to indemnify and fully protect, def�nd, and hold (tie Seller, its ofilccrs, directors, employees, shareholders. servicers, represenlatives, agcnts, attorney's. lenant%. brokets, successors or assigns harinless frorn and , agi insi any and all elahris, costs, hens, loss, damages, attorney's fees and expenses of every kind and nature that may be sustained by or niadc againsi the Seller, its officcrs, directors, employees, Shareholders, serviccrs, reprcsentatk'cs, ,goats, attorneys, tenarils, brokers, successors or a,,,signs,, restill ing films or arising out of", t a) inspwions or repairs made by the purchaser or its agcnvq, employees, contractors, succe.seors or zuisigns. (b) elkifins. liabilities, fines, or penalties resulting from the Parchaser's failure to timely r obtain any Certificate of 0cculTancv or to e0n1ply Widl CLILlivalent laws, and regulations: (c) clainis for amounts due and owed by the Seller kw taxes, horneowntr as,�ociafion dues or assessment or any other ilems, prorated under Section 10 of Ibis Addendum, including any Fnalty or interest and other charges. arising 1x0111 tile proration ofstich aniounts liar which the Purchaser received a credit at closing under Section 10 ofthis AddendUni.- and (d) the Purchaser's or the llurehaser*s temmlti, apems or representatives u-w, and /or occupancy ofthe Property prior to closing and/or issuance of'required certificates oFoccupancy. 2j� Risk of` I o s: In the event or fire, destruction or other casuattv loss to, the Property after the Seller's acceptance of dais Agreenwrit and prior to closing, lilac Seller may, al its sole discretion, repair or restore the Properly, or the Seller may terminate the Agreement. Ifflie Seller elects to repair or restore the Property, then flic Seller may, kit its sole �iscrcfion, firnit tile' 11MOLHA to be expended. whether or not Seller elects to repair or restore the Properly. the Purchaser's sole and exclusive remedy shall be either to acquire the Property in its then condition at the llurchiisL Price with no, reduction thercol'by reason ol'such loss or tenninalu this Agreement and reecivea refund oFany earnest money dellosit, 22, Eminent f)ornain: In tile event that 1he Seller's interest in the Properly, or any part flier col, shall have been taken by eminent . . . ... . . ....... domain or shall be in (lie proce.ss, of" heing taken can or betbre the closing, cidier parly may lerminate the Agreement and the etrwnest money JM, )sit shall be returned to the Purchaser and neither party shtdl have any further rights or liabilities hereunder except as providcd in Section 24 ol'this Addendum. 23. � . " "I 'tie Purchascr understands that tile Seller may not be in possession ol'keys, including bilt not fimilcd to, madbox keys, recreation area keys, gate cards, or aulornalic garage remole controls, and any erarst of obtaining the sarne will be the res'-pon,sibilily of' the Purchaser, *1 lie Purchaser also understands that if the Prol;erly includes an alarm system, the Seller Cannot PrOVide the access, code andw key and that the Purchaser is respoitible for any) cosis, associated with the alarm andlor changing tile accc%s, code or obtaining keys, 24 Survival: Delimy , of' the deed to the I'mperty to the Purchaser by the Seller shall tx- deemed to i'k full perfim-mance and discharge tap" all ot'the Seller's obfigations under this Agreement. Notwithstanding anything to thoconlrary in the AgrCernew, any provision which conteniplates perforrriance or observance Subsequent to any lennination orcxpiralion ol'ilic Agreement, shall survive the closing and/or termination of the Agreement by any party and continue in full lbree and effect, 25. Further Assurances: The purchaser agrees to exectile and deliver to the Seller tit closing, or otherwise as requested by tile Seller, documents including Fannie Mac's Waiver and Release 2012. Tax Proration Agreement 03/20111 or documents thal are ", ., uh slantially the Sallie, kind to take such other aCti011 as ruasonahly nvay tv, necessary to flurdio- the purpose of1his Agreement. Copies ofreferenced documents are available From (tie Seller's listing agent UINXI MILWst by UIC I'trrclaa cr. 26. Severability: The lack ofenforceilbility of any pmvishm of illis Agreement shall nol afl`cct the en l'brceiihi lily of any other priwision ol'this Agreement. all of'which shall remain in Full farce and effi ci. 2T Assiprinicni tit' Aercernerw The Purchaser shall not assign this Agrecrinent withoul tile express written consent of the 'Seller, The Seller may assign ihis, Agreement at its wic discretion without prior notice to, or Consent of'. the Purchaser. 29. EFFECT OF ADDENDUM: THIS ADDENDUM ANIENDS AND SUPPLEMENTS THE CONTRAC7 AND, IF APPLICABLE, ESCROW INsTRUC7IONS. IN THE EVENT THERE IS ANY CONFLICT BETWEEN THIS ADDENDUM AND THE CONTRA(7 OR ESCROW INSTRUCTIONS OR NOTICE OR OTHER DOCtJMENTS ATTACHED, AND MADE, A PART OF TI- F AGREEMENT, THE TERMS OF THIS ADDENDUM TAKE PRECEDENCE AND SHALL PREVAIL EXCEPT AS OTHERWISE PROVIDED BY LAW. 10 m Jim 1'ekst;k (Inkiak SELIT"R 0OWN-) _ ...... FANME MAFr FORM WA ((aclolxm 7,'2014) 05;1104116 CC AGENDA PAGE 342 DocuSign Envelope ll): 24166BEO-2DC24A45-AE36-4B9AEEE707D2 29, t-1111111101e-Ag The Agreement constitute,,, the, entire agi-ceinew hemcen the Purchaser and the Seller concerning the stibjecl matter hereof and supersedes all previous cornnlunicafions, understandings, representations, warranties, covenants of, agreements, either written or oral and lho-e tire no oral or other written agreerrients bet%vcctl thc Purchaser and tile Seller, All t oliations are, merged into tile Agreeunaarnl The Seller is not obligated by any other written, or oral statements made by the seller, the Sellers representatives, or any real estate I ieenscc. X fwpatclPfi,e , ion. No, providon, lerni or ClaUSL of' the Agi ll-- -cernent shall be roised, muddied. amended 01' Waived exeept by an, instrument in N\xifing signed by [lie purchaser and the Seller, 31, Rigfilgor Ofllcr�a This Agreerneiii does not create any rights, clahns, or heriefiv, itnur,ng to any person or entity, other thatl Seller's successors and/or assigns, that is not a party to the Agreemeril, nor drams it create or establish any third party heneficiary to this Agreement. 32. Cotffilcijj,,aqs: This Agreement May he CXMited in any number ofcounterfarts and each such counterpart shall bc deerned to ewe alit erpntainal, but all of'which, when taken togiether, shall constilute one agreement. 33. jlQadinj--s. 'I fie lilies to tile sections and headings of various, parag are placed fbr convenience of ,japhs of this Agreement � rcference only and in case ofconnict. the text of this Agreenlent, rather than such filles or headings shall control. 34 Elegronic Siggamure: An electronic signature shall be given the same effect as a written signature, 35, Force Majgm Except as provided in Section 2 1 to this Addendurn. no parly shall be responsible for defi,,tys or fi'djure of pertiorniance resulting frorn acts of God, riots, acts of war and terrorism, upidernics, power finflures, earthquakes or other disasters, prow itling such delay or failure, ofperfiorinance could riot have been Prevenled by rea.,,wriable precautions and cannot reasonably be circumvented 1)), such party through UW Ofahernate sourecs, workaround plans (it, other means, 36 A UL) ieW: The Purchaser acknowledges that Purchaser has bad the opportunity to Consult with its legil coutiscl regarding [lie Agreement and that accordingly the terms of the Agreenient are not W be construed against any party because that party dralled (lie Agreement or construed in favor ofany Party because that Party fililed to understand tile legal C11'ect of tile Provisions ot'llic Agreement. 37, Nolice,,c Any notices required (o be given under the Agreement sliall be deemed it) have been delivered when actually received in tile case offiand or overnight dalivery, or live (5) calendar days afler mailink, by first class naafl, postag"c paid, ot- by tax with coil finination of transmission to the numbers belo"r, All notices to the Seller Nvill be deenied sent or delivered to the Seller %khen scut or delivered to Seller's listing broker (it- agent or Seller's alkinley, at the address or. ftx number shown belo%v, All nolices to tile Purchaser shall be deemed sent or delivered when sent or delivered to the Purchaser or the Purchaser's attorney or agent at tile address or lax number sbirivvil below, 39, Additional Is.ELij% or Con(Lqions� 1) Seller will perform repairs prior to closing not to exceed $0 in accordance with Section 6 of this addendum. PURCI lASJ`R t tnifinlso SETUR (Inifiafiq, FANNIE MAE FORM 001 tOclobcr 7,201-li 05;1104116 CC AGENDA PAGE 343 DocuSign Envelope ID:. 241666EG-2DC2-4A45-AE364B9AEEE707D2 IN WITNESSWULIZE,017,the Purchaserand (fit Seller have entered into th is Addenclurn as of thedate first sel forth above, PURCHASER(S) Ge-C. SELLER: Signature: O�ANNIE MAE lbtc� . ...... . . . .. ....... as Attorney in Fact For Fannie Mae Print Name:.-- Address: l"Inail Address:— . . . ............ I ly: KwwCoigo Telephone: . . . . . ........ . Male: Ault= Vk!e PxsWknk Fax: Signature: ........... APPROVED BY Karen Carrillo at 8:41 am, Apr 12, 2016 Date: Print Name TelepWne'_ Fax: 1-niait Address: PURCHASER'S AGEN"r: Brokcrag,e I Irm: n. a Purchasu's Agent Namca n a Address: n a La . uCA— Fax: I'mad Address: parlrCla Calassetservices.corn PURCHASI'R (fnimhbo SI I'LER I 11"WNO FANNU" MALFORNI 001 (October 7, 2011 SELLER'S AGENT: Brokerage Firm: C Ifloonla Asset Semces Seller's Agent Name: PATRIC'IA YFLENOSKY Address 1?0124'msisTEB110 — - — — --------- BAKERSFIELD CA 93301-9330 B88 2924063 1-7�IX:! 888421M77 Finail Address- PATRUA@CALASSETSERVICES-I" OM HN 05;1104116 CC AGENDA PAGE 344 Docu&gnEnyelopelD '241666EO-2DC24A4s-AE36-4BDAE'EE707D2 Pl,)R(,HASFR'S AITORNEY- SELLER'S ATTORNEY: Name: Name: Address: . ...... Address� Telepflone� . ............. .. . . ...... . . . Telcphone� Vax. Fav I'mail Addre�s:.---- I'mail Address: it PURCHAWR OnilialsO . . . . . . . ........... FANNH-' MAI; FORM 001 (Ooolicy 7,20[4� 05;1104116 CC AGENDA PAGE 345 ADDITIONAL CITY OF BA: KERSFIELD SIGNATURES CITY OF BAKERSFIELD By: HARVEY L. HALL Mayor AP'P'P,OVII;D AS TO CON'TENT: PUBLIC WORKS DEPARTMENT f;f7NICK FIDLER Public Works Director APPROVI"D AS TO FOIM: VIRGINIA GENNARO City Atkoney By: ANDREW HEG'0JND Deputy City Attorney MU,NTERSIGNED- m NELSON SMITH 1"inance Director Entity HSR 15- 05104116 CC A GEN PA GE 34 6 ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Consent -Bids r. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 4/19/2016 111-11 N 03 SUBJECT: Accept bid from Zones, Incorporated ($46,614.74), for Llbiquiti Wireless Equipment for the City's Communication Network. STAFF RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Bids were solicited for Llbiquiti Wireless Equipment. Eleven bids were received in response to the solicitation. This equipment is high speed point-to-point wireless networking equipment intended for connecting all of the Bakersfield Fire Department's (BFD) stations to the City's network. This purchase is fully budgeted and funded as part of Information Technology's (IT) goal of reducing cost through a prudent use of technology. Presently IT and BFD combined pay $31,000 annually for connectivity to the stations through AT&T's wired network. These lines, known as T1's were once considered a high speed circuit but are now obsolete and slower than common cell phone data transmission -yet they carry a high recurring cost. Including installation services, to be bid separately, we expect this project to show a return on investment in the second year with the equipment having a lifespan of five to eight years. Beyond cost, this will enable fire stations to take advantage of more network features including video training. The eleven bids received are as follows: Zones, Incorporated, Auburn, WA AMOUNT $46,614.74 California Integrated Solutions, Inc., Diamond Bar, CA $46,766.26 XIT Solutions, Bakersfield, CA $47,643.44 Perlmutter Purchasing Power, San Diego, CA $48,022.50 Insight Public Sector, Inc., Tempe, AZ $49,301.37 Valley Network Solutions, Fresno, CA $51,385.26 Interactive Systems, Fairfield, CA $53,990.66 05104116 CC AGENDA PA GE .347 PC Rush, El Segundo, CA $54,828.33 TESSCO, Inc., Hunt Valley, MID $55,298.58 Pro 3 Automation, Bakersfield, CA $55,361.75 OVAC Assistive Technology, Inc., Murrieta, CA $64,391.43 Funds are budgeted in the Equipment Management Fund to complete this purchase. Staff finds the bid submitted by Zones, Incorporated, Auburn, Washington, to be acceptable. 05104116 CC A GEN PA GE 34 8 ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Consent -Bids s. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 4/21/2016 111-11 V 03 SUBJECT: Accept bid from Turf Star, Incorporated ($170,783.04) for the purchase of three replacement riding mulching wide area lawn mowers for use by the Recreation and Parks Department. STAFF RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Bids were solicited for the purchase of riding mulching wide area lawn mowers for the Recreation and Parks Department. Two bids were received in response to the solicitation. The existing mowers are no longer reliable and are beyond their recommended replacement dates. These mowers have a wide mowing swath (128") and are efficient for use at City parks with large open turf areas. The two bids received are as follows. BIDDER AMOUNT MAKE /MODEL BID Turf Star, Incorporated $170,783.04 Toro GM4000-D Fresno, CA Jacobsen West $188,884.38 Jacobsen R311 Corona, CA Sufficient funds are budgeted in the Equipment Management Fund for the purchase of three replacement riding mulching lawn mowers for the Recreation and Parks Department. Staff finds the bid submitted by Turf Star, Incorporated, Fresno, California, to be acceptable. 05104116 CC AGENDA PA GE .349 ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Consent - Miscellaneous t. TO: Honorable Mayor and City Council FROM: Greg Williamson, Chief of Police DATE: 4/22/2016 111-11 V 03 SUBJECT: Appropriate $8,640 contributions from the Bakersfield Foundation to the Police Department Operating Budget within the General Fund for the purchase of a Police Canine. STAFF RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: The Bakersfield Police Department (BPD) K-9 Unit was established in 1988. Over the past 28 years the unit has been responsible for thousands of arrests, narcotics seizures and public outreach activities. The K-9's strength, agility and remarkable sensing capabilities provide the Department with a unique asset to assist law enforcement in various tasks. Because of these attributes, K-9's can be utilized to aid in the apprehension of criminals who may place community members or other law enforcement personnel at risk of injury. In potentially dangerous situations, the police K-9 can often limit the exposure of a police officer to a violent confrontation. Because all K-9s are trained to detect narcotics contraband, they have assisted officers in locating many hundreds of pounds of marijuana, methamphetamine, cocaine, and heroin. The dogs also offer the department an effective public relations tool to disseminate information about the 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 Department standards. At that time, the dog is retired to its handler's home and the handier is permitted to purchase the animal. BPD K-9 Harley will soon be retired into his handler's care, creating the need to purchase a replacement canine for the department. 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. This action will appropriate the funds to the Police Department's operating budget for this purpose. 05104116 CC AGENDA PAGE 350 05104116 CC A EN A PAGE 351 ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Consent - Miscellaneous u. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/21/2016 iTiff-11 1.1 SUBJECT: Appropriate $12,000 in Transportation Development Act- Article 3 grant funds to install bicycle parking racks in the downtown area to the Public Works Department's Capital Improvement budget within the Bikeway and Pedestrian Pathway Fund. Staff recommends approval of the appropriation. BACKGROUND: The Kern Council of Governments, acting in the capacity as the state-designated Regional Transportation Authority, administers funding for the Transportation Development Act - Article 3 program. These funds are used for bicycle and pedestrian safety projects and activities. On August 20, 2015, the Kern Council of Governments awarded the City a $12,000 grant to install bicycle parking in the downtown area. These funds will be used to purchase and install additional bicycle-shaped bike parking racks. City staff surveyed the existing bicycle parking locations between Truxtun Avenue (south), 21 st Street (north), G Street (west), and Q Street (east). Bike parking locations have been identified in accordance with industry best practices and in collaboration with Bike Bakersfield. City staff conducted outreach to the businesses adjacent to the identified locations as well. Upon approval, the bicycle parking racks are anticipated to be installed this summer. 05104116 CC AGENDA PAGE 352 ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Consent - Miscellaneous v. TO: Honorable Mayor and City Council FROM: Douglas R. Greener, Fire Chief DATE: 4/15/2016 111-11 V 03 SUBJECT: Appropriate $720,878 Federal Grant funds from the USDA Forest Service and the USDI Bureau of Land Management and $125,931 State Grant funds from the California Office of Emergency Services to the Fire Department Operating budget within the General Fund for reimbursement of personnel and equipment costs on state-wide master mutual aid assignments. Staff recommends approval of the appropriation. BACKGROUND: The Bakersfield Fire Department participated in numerous Strike Team deployments (state-wide master mutual aid) to significant emergency events during the 2015 fire season between the months of May and September. Federal reimbursements include $720,878 from the US Forest Service and USDI Bureau of Land Management, and State reimbursements of $125,931 from California Office of Emergency Services. The total amount reimbursed to the City is $846,809. When firefighters are working on mutual aid assignments, the City is reimbursed for labor costs at the overtime rate for the entire deployment and equipment costs are reimbursed on an hourly basis. The Fire Department's operating budget has already incurred these costs by paying the overtime and equipment costs. This reimbursement is needed to appropriate these funds back into the Fire Department's budget. 05104116 CC AGENDA PAGE 353 ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Consent - Miscellaneous w. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 4/21/2016 WARD: Ward (s) 3, 4 SUBJECT: North Beltway — 7th Standard Road Cleanup Actions: 1. Appropriate $1,116,161 County Local TRIP funds to the North Beltway project; 2. Appropriate $1,116,161 Federal Beltway Earmark funds to the Centennial Corridor Project; and 3. Appropriate $1,696,624 Federal Beltway Earmark funds to the Centennial Corridor Project. STAFF RECOMMENDATION: Staff recommends approval of the appropriations. BACKGROUND: Among some of the early accomplishments of the Thomas Roads Improvement Program (TRIP) were several improvements along 7th Standard Road. Some improvements involved multi-party agreements, State grants, contributions from the County of Kern and City of Shafter, and TRIP federal funds. Due to the intricacies of these projects, it has taken a considerable amount of time to close out the respective grants and accounting records. Part of the close out process requires that local funds be repaid to Cal Trans for some costs previously funded with federal monies. This action will in turn allow those federal monies to be re-programmed for the Centennial Corridor project. The exchange of the $1.1 million is a trade out of Planning Funds spent on the North Beltway concept in the early phases of TRIP. Because the specific project of the North Beltway is not being pursued, Caltrans has offered to re-program the federal earmark to the Centennial Corridor project in exchange for the County local TRIP funding swap. With local money being used for the planning costs, the federal funds are being re-appropriated for the Centennial Corridor. As the case with a vast majority of TRIP projects, the North Beltway / 7th Standard improvements have cost less than budgeted. As a result, the City recently learned it will receive approximately 05104116 CC AGENDA PAGE 354 $1.7 million of remaining funds back in savings from our share of the cumulative projects. These funds are part of the federal earmark, which can now be applied toward the Centennial Corridor project. Ultimately, these funds will reduce the City's borrowing amount for the project. 05104116 CC AGENDA PAGE 355 l ° r e r u � ADMINISTRATIVE REPORT MEETING DATE: 5/4/2016 Hearings 10. a. TO: Honorable Mayor and City Council FROM: Douglas N. Mclsaac, Community Development Director DATE: 4/14/2016 111_1 V 03 SUBJECT: Budget and Finance Committee Report regarding FY2016 -17 Community Development Block Grant (CDBG - $3,260,214), HOME Investment Partnership (HOME - $1,088,202), Housing Opportunities for Persons with HIV /AIDS ( HOPWA — $384,538) and Emergency Solutions Grant (ESG — $287,896) Annual Action Plan submittal (Total - $5,043,930), and HOPWAAmendment to the Consolidated Plan 2020. Staff recommends acceptance of the report, and authorization by the City Manager to execute all necessary documents required to submit the Annual Action Plan and HOPWA Consolidated Plan Amendment to HUD. BACKGROUND: The proposed FY 2016 -17 Annual Action Plan is the second year of the Consolidated Plan 2020 and represents activities to be funded with Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), Housing Opportunities for Persons with HIV /AIDS ( HOPWA), and Emergency Solutions Grant (ESG) entitlements. The total funds available for FY 2016 -17 are $5,043,930, which represents $3,260,214 of CDBG funds (includes program income of $7,000), $1,088,282 of HOME funds (includes program income of $30,000), $384,538 HOPWA funds, and $287,896 of ESG funds. FY 2016 -17 will be the first year the City directly administers the HOPWA program. Budget and Finance Committee Recommendation. The Budget and Finance Committee met in March 2016 to review and recommend projects to be funded in the FY2016 -17 HUD Action Plan. The Committee recommends the following projects for FY2016 -17 funding: CDBG • Curb, Gutter, Sidewalk and Street Reconstruction in the El Toro, Union - Brundage, Oleander, Castro and P Street Areas; • Park playground shade structures in Beale, Wilson, and Stiern Parks; • Lighting improvements at Dr. Martin Luther King Jr. Park; 05104116 CC AGENDA PAGE 356 • Public services for Bakersfield Senior Center, home accessibility improvements, Alliance Against Family Violence and Sexual Assault and Fair Housing Program Services (as required by HUD); • Small business start-up courses provided by Mission Community Services Corporation. HOME • New Construction Assistance and CHDO Set-Aside (as required by HUD). HOPWA • Tenant-based rental assistance, short term assistance, emergency assistance, supportive services and housing information services for persons with HIV/AIDS. ESQ • Street outreach, homeless shelter and services, and re-housing assistance. The complete list of projects recommended for funding, along with budget and full project descriptions are attached, along with the full FY 2016-17 Annual Action Plan document. Additionally, since FY 2016-17 will be the first year the City of Bakersfield will be administering the HOPWA program, the City is required to complete a HOPWA Amendment to the Consolidated Plan 2020 which assesses community needs and projects outcomes for the program. The HOPWAAmendment to the ConPlan is also attached. A public notice was published in Spanish in El Popular on April 1, 2016 and in English in The Bakersfield Californian on April 2, 2016 concerning the availability of the draft annual Action Plan and HOPWAAmendment to the ConPlan for a HUD-required 30-day public review and comment period. As part of the public review and comment process, a public meeting was held on April 19, 2016. No comments have been received to date. Budget and Finance Committee: Exploration of Alternate Project. At the March 2016 Budget and Finance Committee meeting, staff was directed to explore an alternate project in lieu of funding phase 11 of the proposed Dr. Martin Luther King Jr. Park Lighting project. Specifically, the Committee was interested in possibly funding a request from the Mexican American Opportunity Foundation (MAOF) for $139,000 to rehabilitate the Vida Scott Center for expansion of financial stability programs. The Vida Scott Center, leased by MAOF, is a 4,800-square foot facility that is located within the City of Bakersfield, but is a County-owned facility located within a County park. Because the Vida Scott Center is a County-owned facility and the proposed services are projected to serve both City and County residents, staff was directed to contact the County of Kern to determine whether the project could be jointly-funded with City and County CDBG funds. Staff contacted the County of Kern and determined that MAOF did not submit a FY 2016-17 CDBG application to the County. County staff indicated it is not funding the project in FY 2016- 17. City staff is therefore not recommending the project for funding for FY 2016-17. Staff did meet with MAOF staff, toured the facility and offered technical assistance for a FY 2017-18 application. Approval and Submission to HUD. The deadline for submittal of the Action Plan to HUD is May 15, 2016. HUD will then have 45 days to review the Action Plan for compliance with federal regulations. If the plan is found to be in compliance, funds are expected to be available after July 05104116 CC AGENDA PAGE 357 1, 2016 for use by the City. ATTACHMENTS: Description D Bkie IMeirno D PoweirP6int Piresentadon D SUIrTlirnairyof FY,'O'l 6 ...'17 h hUD /kcdoirl Ran Projects D FY' Ol 6 .'17 /kcdoin Rain and Amendment to the Consohdated Rain 2020 Type Cover IMeirno Piresentadon Exhbt BackU IMateir4� 05104116 CC AGENDA PAGE 358 GOMMUNITY DEEL' OPMEN T DE PA R THE N T m3mmm TO BLE MAYOR AND COUNCILMEMBERS FROM: DOUGLAS ISAAC, COMMUN[TY DEVELOPMENT DIRECTOR (11711k,lw i ,SUIBJIECT: COUNCIL MEETING OF MAY 4,2016 AGENDA ITEM HEARING 10.a. r-ol 05104116 CC AGENDA PAGE 359 da", 2, ".-,".0j6 (.'A% 4 14"Conchd ( tMIMUS" I yvckqmvw� /Nuoubm: Hoan Hond rd 5 (Icon An ouw Skersneld, of ;'1 91301 We are %witinglx) address the needs oWrcorrunwhy in Me Ckyof Bakers6eld's Fiscal Year2016-2017 Action Nan and Qnsohdwed Flan 2020. We Ike Win We vichity of Virginiar [dernentary in ani area popul'ated with hundreds oryouth % allvnd the local schools. I lencc. our main c(micern k the well-being nind salty of our children. 'Elie folhwhtg am rquems expressed by rnany members of mv cotnmunij. (Aw con"nW., W4 yoU m umununhy ovn4v W a 10"a, Oval cm, I= A AHMAnal and nwrankawl acK Aks Or W10k I hi, is n Id"101 Heghtu"Um 0 nld one �a k111 6".-' ad ,,hiWrea (ha,( h"'Ir-, w 01c 2) !he 'gWirg on 'VASN Wmic NN"ven "NAM and MOUH1 VITMUI and (01 BnMhQL OMIT 011'hMJ, ivyv dhn mid ;wad, d2ndhmo &q"v"cvwn;. Ko\cnd Wdo"N Imic rviuqUA on P s W A, and Why cm"hKw,,, Man U QU IninjunuaW Nklk";HK lots du I14.:' and uln we imcdad v, amkc oympunmkm mcov ,ao: hd dw uld",vh, y1 l 1-w-414pink lKnemary QW11 1' is Pr,qmql Wks "Qualm Qmdc, I( n�.:Cd,, a 11",(dc "Itrudm-c lh a ,an ipro vc�, au fivm (6W', �Hll ('>a, 1'w,aa ["I, I I af i", iao. ,c I I I) �,d We believe dw pn)p()Sals expres�se(] in lhs lettcr will iinprove the salrety and quahly, o ME and we kvok Rwward to working g with your off-ice to address flieni, Swcovo, ('atalina Mendiola Rosa Rivero marivel Martinez Man 0mveo Janet Del Jim) 2005 Qe SOveL SWW 01 Bakrs= CA 9330 1 Phone: (661) 631 -9200 11 Fax: (661) 631 -9201 OAV\Nlwk.f,,iitli,iiiaictit)iikei"i,icotr�ity,.or�,, 05104116 CC AGENDA PAGE 360 WMAN - "I'll, �� a�, SUMMARY OF FY 2016 -17 ACTION PLAN PROJECTS Project Title, Description & HUD Citation Funding Source, Amount, Priorities & Target Date Bakersfield Senior Center Public Services CDBG - $85,000 Funds for public services for low- income seniors at 530 4t" Street. Priority — Public Services 05A Senior Services 570.201 e Target Date — Summer 2017 Small Business Development Services CDBG - $25,000 Small business startup classes provided by Mission Community Services to Priority — Job Creation promote job creation. Target Date — Summer 2017 05H Employment Training Alliance Against Family Violence and Sexual Assault Public Services CDBG - $50,000 Operating and maintenance costs associated with the provision of services Priority — Public Services to assist persons experiencing abuse and sexual assault, administered at Target Date — Summer 2017 1921 19th Street. 05G Services for Battered and Abused Spouses Fair Housing Program Services CDBG - $100,000 Public services to affirmatively further fair housing choice, including Priority — Public Services education, intake, screening, counseling, testing and mediation. Target Date - Summer 2017 05J - Fair Housing Activities 570.201 e Section 108 Loan Repayment for $800,000 of Public Facilities CDBG - $50,636 Tenth year's principle and interest on $800,000 loan for street Priority - Infrastructure improvements in Southeast Bakersfield. Target Date - Summer 2017 19F — Repayment of Section 108 Loan - 570.203(b) Section 108 Loan Repayment for $4.1 million of Public Facilities CDBG - $273,864 Tenth year's interest and principal on $4,100,000 loan to improve two Priority — Public Facilities swimming pools, construct a wet play area in the southeast and build a Target Date - Summer 2017 downtown swimming pool. 19F - Repayment of Section 108 Loan - 570.203(b) General Management Oversight and Coordination CDBG - $652,042 Costs associated with overall program management, coordination, & Priority — N/A monitoring of the CDBG program. Target Date - N/A 21A - General Program Administration - 570.206 Home Access Grant Program CDBG - $30,000 Grant up to $3,500 for handicapped accessibility in privately or publicly Priority — Owner Occupied owned residential structures in neighborhoods. Housing 05B Handicapped Services 570.201 e Target Date — Summer 2017 El Toro Area Curb, Gutter, Sidewalk and Reconstruction CDBG - $500,000 Improve drainage currently causing street failures. Install curb, gutter and Priority — Infrastructure sidewalk as needed prior to street reconstruction. Project area generally Target Date — Summer 2017 bounded by S. H St., Ming Ave., El Toro Dr., and Hwy 58. 03K Street Improvements 570.201 c Union - Brundage Area Curb, Gutter, Sidewalk, Drainage and CDBG - $520,580 Reconstruction Improve drainage currently causing street failures. Install Priority — Infrastructure curb, gutter & sidewalk as needed prior to street reconstruction. Generally Target Date — Summer 2017 bounded by 4th St. Union Ave., Brundage Ln, and P St. 03K Street Improvements 570.201 c Oleander Area Curb, Gutter, Sidewalk and Reconstruction Improve CDBG - $300,000 drainage currently causing street failures. Install curb, gutter & sidewalk as Priority — Infrastructure needed prior to street reconstruction. Generally bounded A St., California Target Date — Summer 2017 Ave., Chester Ave., and Verde St. 03K Street Improvements 570.201 c 05104116 CC A EN A PAGE 379 Project Title, Description & HUD Citation Funding Source, Amount, Priorities & Target Date Castro Area Curb, Gutter, Sidewalk and Reconstruction Improve CDBG - $300,000 drainage currently causing street failures. Install curb, gutter & sidewalk as Priority — Infrastructure needed prior to street reconstruction. Generally bounded Ming Ave., Target Date — Summer 2017 Benton St, Wilson Rd., and Wible Rd. 03K Street Improvements 570.201 c P Area Curb, Gutter, Sidewalk and Reconstruction Improve drainage CDBG - $142,032 currently causing street failures. Install curb, gutter & sidewalk as needed Priority — Infrastructure prior to street reconstruction. Generally bounded by Chester Ave., Target Date — Summer 2017 California Ave., P St., and Brundage Ln., and P St., 6th St., Union Ave., and 4th St. 03K Street Improvements 570.201 c Dr. Martin Luther King Jr. Park Lighting Improvements Replacement of CDBG - $75,000 park lighting fixtures to LED to improve safety and energy efficiency. Priority — Public Facilities Generally bounded by S Owens St., Potomac St., S King St. and E. Target Date — Summer 2018 California Avenue 03F Parks, Recreational Facilities — 570.201 c Beale Park Playground Shade Structure CDBG - $52,020 Purchase and installation of a playground shade structure at Beale Park, Priority — Public Facilities 500 Oleander Ave. Target Date — Summer 2017 03F Parks, Recreational Facilities — 570.201 c Wilson Park Playground Shade Structure CDBG - $52,020 Purchase and installation of a playground shade structure at Wilson Park, Priority — Public Facilities 2400 Wilson Rd. Target Date — Summer 2017 03F Parks, Recreational Facilities — 570.201 c Stiern Park Playground Shade Structure CDBG - $52,020 Purchase and installation of a playground shade structure at Stiern Park, Priority — Public Facilities 5201 Monitor St. Target Date — Summer 2017 03F Parks, Recreational Facilities — 570.201 c New Construction Assistance HOME - $833,462 Housing development costs associated with the acquisition and /or Priority — Rental Housing construction of affordable housing. Target Date — Summer 2018 12 Construction of Housing — 92.205(a) CHDO Set Aside HOME - $166,692 Loans & grants to develop, acquire, rehabilitate, and /or construct affordable Priority — Rental Housing single or multi - family housing. To be implemented by a Community Target Date — Summer 2018 Housing Development Organization (CHDO). 12 Construction of Housing — 92.205(a) HOME Administration /Planning Costs HOME - $111,128 Costs related to overall management & coordination of the HOME program. Priority - N/A 21 H - HOME Admin /Plannin Costs of PJ - 570.203(b) Target Date - N/A ESG16 Administration ESG - $21,592 Cost related to overall management & coordination of the ESG program. Priority - N/A 21A - General Program Administration /ESG Handbook - 7300.00 1 -6A4b Target Date - N/A ESG16 Street Outreach ESG - $22,456 Street Outreach program to be provided by Flood Bakersfield Ministries Priority — Homeless /HIV /AIDS 03T Operating Costs of Homeless /AIDS Patients Programs Target Date — Summer 2017 ESG16 Shelter ESG - $150,280 Emergency Shelter Activities to be provided by the Bakersfield Homeless Priority — Homeless /HIV /AIDS Center, Bakersfield Rescue Mission, and Alliance Against Family Violence Target Date — Summer 2017 and Sexual Assault. 03T Operating Costs of Homeless /AIDS Patients Programs 05104116 CC A EN A PAGE 38 Project Title, Description & HUD Citation Funding Source, Amount, Priorities & Target Date ESG16 Rapid Re- Housing ESG - $93,568 Activities to assist households which are recently homeless to re- establish Priority — Homeless /HIV /AIDS permanent housing for the households. Target Date — Summer 2017 31 G Short term rent mortgage utility Payments HOPWA Public Services HOPWAS - $373,002 Rental assistance, emergency assistance, housing counseling and related Priority — Homeless /HIV /AIDS services to ensure safe and stable housing for persons living with Target Date — Summer 2018 HIV /AIDS. HOPWA Administration HOPWAS - $11,536 Administrative costs related to oversight of HOPWA program activities. Priority — N/A Target Date - N/A Total $5,043,930 05104116 CC A EN A PAGE 381 SECOND YEAR (FY2016 -17) ACTION PLAN Executive Summary AP -05 Executive Summary - 24 CFR 91.200(c), 91.220(b) Introduction The Fiscal Year 2016 -17 Action Plan is the City's second plan of the Consolidated Plan (ConPlan) 2020. This one -year Action Plan proposes projects and activities to meet the priorities described in the ConPlan. It describes eligible programs, projects and activities to be undertaken with anticipated funds made available in fiscal year 2016 -17 and their relationship to housing, homelessness, and community and economic development needs identified in the ConPlan. The total funds available for fiscal 2016 -17 are $5,043,930, which represents $3,260,214 of Community Development Block Grant (CDBG) funds (including program income of $7,000), $1,111,282 of HOME Improvement Partnership Program (HOME) funds (including program income of $30,000), $287,896 of Emergency Solutions Grant (ESG) funds, and $384,538 Housing Opportunities for Persons with AIDS (HOPWA) funds. All of the allocation priorities (projected use of funds) can be tied back to the ConPlan priorities and housing and community development needs assessment outlined in the ConPlan. General priority categories of housing, homelessness, special needs and community development needs and their related goals are addressed in the various activities to be undertaken. These activities estimate the number and type of families that will benefit from the proposed activities, including special local objectives and priority needs. The projected "use of funds" identifies the proposed accomplishments and a target date for completion. The Action Plan also provides information related to the proposed geographic distribution of investment. It includes a general description of homeless and other community development needs activities to be undertaken and other actions to address obstacles to meet underserved needs and reduce poverty. This Action Plan can also be found at the City's Web site at www.bakersfieldcity.us > "Government" > "Departments" > "Community Development" > "Planning" > "Economic Development & Housing Services" > "Grants, Housing, and Public Improvements." Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC AGENDA PAGE 382 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. By combining HUD's recommended three core objectives and outcomes, the City has incorporated nine outcome statements into consolidated planning efforts. These nine outcome statements with specific objectives below generally reflect the ConPlan goals and objectives for guiding the future planning and funding of the CDBG, HOME, and ESG activities over the ConPlan's five -year planning horizon. The specific annual objectives worksheets are provided in detail in the reports section of this document. Each specific annual objective has been assigned a letter and number code provided by HUD (i.e. DH -1, DH -2, etc.). Accessibility for the purpose of providing decent housing (DH -1) With FY16/17 funding, the City of Bakersfield anticipates assisting nine households for the purpose of making those units accessible under the Home Access Grant Program. ($30,000 CDBG). Affordability for the purpose of providing decent housing (DH -2) The City of Bakersfield anticipates assistance to at least 5 affordable rental units for low- and moderate - income households FY 16/17 HOME funding. Additionally, the City anticipates providing Fair Housing training and /or counseling to at least 400 persons. ($100,000 CDBG, $1,000,154 HOME). Accessibility for the purpose of creating suitable living environments (SL -1) The City of Bakersfield projects that contracted service providers will assist approximately 1,300 homeless persons or persons at -risk to become homeless, and provide case management, housing counseling, telephone, and information referral services to those individuals ($266,304 ESG, $373,002 HOPWA). Affordability for the purpose of creating suitable living environment (SL -2) In FY16/17, the City proposes funding nine public improvement projects and one community service project. With these activities, the City plans to address key community issues through improvements and services which will be provided in low- and moderate - income neighborhoods. In all, over 30,000 persons are projected to be served under this category through Fy16/17 funded activities. Accessibility for the purpose of creating economic opportunities NO-1) Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC AGENDA PAGE 383 With FY16/17 funds, the City proposes to fund small business startup training, which is anticipated to create at least 15 new jobs available to low- and moderate - income persons ($25,000 CDBG). rr � FY 2016 -17 Action Plain Outcome Measurements — Complain Outcomes & Objectives Objective #1 [decent Housing Objective #2 suitable Living Environment Objective #f Econon,ic ,Opportunity Outcome #1 diva i!Ua bitty f Accessibility Availability/ Accessibility for the purpose of providing decent housing. Availability/ Accessibility for the purpose of providing a suitable living environment Outcome #2 Affordability for the purpose of providing decent housing. $1,100,154 Affordability for the purpose of providing a suitable living environment Outcome #3 Susfainabilfity sustainability for the purpose of providing decent housing EE sustainability for the purpose of providing a suitable living environment $687,306 $2,205,671 $0 Availability/ Affordability for Susta'inabil'ity for Accessibility the purpose of the purpose of for the purpose of providing providing providing economic: economic econorrnic opportunity opportunity opportunity $25.000 $0 $0 Sources Cit/ of (?ak:ersfield Summary of Outcomes y Objectives 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. Each year, HUD assesses the City of Bakersfield's management of CDBG, HOME and ESG program funds, the City's compliance with the ConPlan and the extent to which the City is preserving and developing decent affordable housing, creating a suitable living environment and expanding economic opportunities. Overall, the City has performed satisfactorily, receiving a rating of "good," in addressing its priority needs and carrying out the programs described in the ConPlan as indicated in HUD's Annual Community Performance Assessment letter received December 17, 2015. Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC AGENDA PAGE 38 However, over the past year, and moving into FY16/17, the City has been working with HUD to improve a number of program components, including but not limited to: • Citizen Participation — staff is developing and implementing enhanced citizen participation procedures, working toward a goal of connecting with 1000 persons of through the Action Plan, Consolidated Annual Performance and Evaluation Report, and Fair Housing processes, with an emphasis on ensuring participation from persons with diverse racial /ethnic backgrounds, persons with disabilities, and female heads of households. • Language Access —The City has adopted a Language Access Plan which has been incorporated into the processes associated with HUD funded activities. The City will strive to ensure verbal and written communication will be made available to all persons. • Accessibility —The City is developing processes by which HUD - funded activities will be actively monitored for accessibility. Likewise, the City has been in the process of updating its ADA Transition Plan for city facilities. • Fair Housing - The City has and will continue to enhance the Fair Housing Program, including improved Fair Housing Services and actions to comply with the Affirmatively Furthering Fair Housing rule. More specifically, the City will develop a Fair Housing Coordinator position, or contract with an outside Fair Housing Services provider to increase Fair Housing education, outreach, testing, and referral services, monitoring of unfair /predatory lending practices, training for apartment owner /manager associations on fair housing laws, and local Fair Housing workshops to educate the public about fair housing rights. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. City staff developed a detailed Citizen Participation Plan that is part of the ConPlan. As required by HUD, citizens, nonprofits and community residents were provided adequate opportunity to review and comment on the original Citizen Participation Plan and on substantial amendments. The purpose of the Citizen Participation Plan is to encourage citizens, particularly low- to moderate - income residents, to participate in the development of the Plan, any substantial amendments to the Plan and the performance report. Citizens were engaged through community meetings, surveys, public hearings and individual meetings. The primary goals of the city's citizen participation process are to: • Generate significant public participation particularly from extremely low, very low and low - income persons, persons with diverse racial and ethnic backgrounds, persons with disabilities, female heads of households, and groups residing within various areas of the City where program funds will be used. OMB Control No: 2506 -0117 (exp. 07/31/2015) Annual Action Plan 4 2016 05104116 CC AGENDA PAGE 385 Gather data that accurately describe and quantify housing and community development needs and to suggest workable solutions. Obtain comments on proposals for allocating resources. A summary of the Action Plan was published on April 1, 2016 in English in the Bakersfield Californian and in Spanish in the El Popular newspapers for the 30 -day review period. The notice identified six public libraries, City offices and the City website where the proposed Action Plan was available for review. The notice also invited public attendance to a public meeting, which will be held on April 19, 2016. The City actively encourages participation from low- and moderate - income residents, minorities, those with disabilities and non - English- speaking residents to attend community meetings and hearings. In accordance with the Citizen Participation Plan, the City will provide translation services to any resident who requests the need for those services at such hearings and meetings, and ensure all meeting locations are accessible. At the April 19, 2016 meeting, staff will be available to discuss the CDBG, HOME, ESG and HOPWA programs, the ConPlan, Analysis of Impediments to Fair Housing, Citizen Participation Plan, and proposed activities for next fiscal year. S. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. 6. Summary of comments or views not accepted and the reasons for not accepting them 7. Summary Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC AGENDA PAGE 386 n O O N o� I AN' W A� W a _(1) �N O CL N O GC 06 M m a� J Ln O i a v V L O N c c c f6 a`o O O. 'u d op Q G1 O O. G1 I O m E O U m r- 0 U U_ .Q = a m = r- 0 +• a CL O tea, w i •0 Z U c m c v ru G O v O O c d G O v Q Q 0 d O O G O U V) V) m O O {., a-+ t4 V) c O V) c a� E O v O w c a� E o_ O a� a� 0 c E E O U V, m O U E 0 Ln lD n M i lD N M ci lD lD V V, a) c {., L O m G O O U c a) O_ O a� a� 0 E O U N c-I M M O1 Q U v En v fD m v v Q> L N U Ln c-I rl c-I c m cr- G fD c Q v E v 0 XW d G O_ u v 0 Q N G G Q 05/04116 CC A EN A PAGE 387 N Q N D D D E+, +, +, Q, E E E p O O O a) a) a) a) a) a) 0 0 0 E E E U U U N m Z 0 w 0 0 0 LL J J J Ln w_ w_ w_ = w w w w V1 V1 V1 Q w w w m Q m Q m Q m _N O v = O L L O +' L O Q + L N 1 o 'E 'E N 'E v a :� Q Q Q a Q v C) 0 0 N J U S S w 'u d op Q G1 O O. G1 I O m E O U m r- 0 U U_ .Q = a m = r- 0 +• a CL O tea, w i •0 Z U c m c v ru G O v O O c d G O v Q Q 0 d O O G O U V) V) m O O {., a-+ t4 V) c O V) c a� E O v O w c a� E o_ O a� a� 0 c E E O U V, m O U E 0 Ln lD n M i lD N M ci lD lD V V, a) c {., L O m G O O U c a) O_ O a� a� 0 E O U N c-I M M O1 Q U v En v fD m v v Q> L N U Ln c-I rl c-I c m cr- G fD c Q v E v 0 XW d G O_ u v 0 Q N G G Q 05/04116 CC A EN A PAGE 387 AP -10 Consultation — 91.100, 91.200(b), 91.215(1) 1. Introduction Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)) In preparing the ConPlan, the City hosted community meetings and hearings and met with organizations in an effort to reach out to and encourage participation by all residents. The purpose of the meetings was to inform the community about the ConPlan process, which identifies opportunities to improve collaborative efforts, eliminates service delivery gaps and develop and sustain decent and affordable housing, suitable living environments and expanded community and economic opportunities. A variety of agencies were invited, especially those that represented economic development, housing, health, government, mental health and public service sectors. A list of participants can be found in Tables PR -2 through PR -4 in the ConPlan. In conducting meetings, the City had the goal of providing a location where various agencies could meet and share needs, as well as create coordinated bonds to accomplish their missions. Input shared at these meetings was taken into account when planning for the ConPlan and annual Action Plans. Additionally, the City of Bakersfield is an active participant in the Continuum of Care (the Kern County Homeless Collaborative). The Kern County Homeless Collaborative is a network of nonprofit service providers, healthcare providers, policymakers, businesses, charitable and faith -based organizations, volunteers and homeless or formerly homeless individuals working together to put an end to homelessness in Kern County. Members meet regularly to discuss possible collaborations for the betterment of the homeless community and the community as a whole. The KCHC takes a Coordinated Entry and Assessment approach when providing services. This approach is a standardized plan for the entire KCHC which incorporates tools, processes, policies and HUD CoC and ESG requirements to maximize efficient and ethical intervention, and service provider connectivity. Service providers share one point of entry for services, ensuring people who are homeless or who are at risk for homelessness are served and /or housed as quickly and efficiently as possible. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The Kern County Homeless Collaborative is made up of organizations that represent a broad scope of the homeless community including chronically homeless individuals and families, families with children, veterans, and unaccompanied youth. The City's approach to eliminating chronic homelessness includes Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC AGENDA PAGE 388 supporting the Kern County Homeless Collaborative /Continuum of Care in its strategy to prevent homelessness, develop increased housing resources, and provide early, intensive intervention for people who are chronically homeless. The KCHC takes a Coordinated Entry and Assessment approach when providing services. This approach is a standardized plan for the entire KCHC which incorporates tools, processes, policies and HUD CoC and ESG requirements to maximize efficient and ethical intervention, and service provider connectivity. Service providers share one point of entry for services, ensuring people who are homeless or who are at risk for homelessness are served and /or housed as quickly and efficiently as possible. The Kern County Homeless Collaborative Strategy as taken from the 2013 -14 Performance Objectives includes: • Create new dedicated permanent supportive housing beds for chronically homeless persons; • Increase the percentage of participants remaining in Continuum of Care funded permanent housing projects for at least six months to 80 percent or more; • Increase the percentage of participants in Continuum of Care - funded transitional housing that move into permanent housing to 80 percent or more; • Increase percentage of participants in all Continuum of Care - funded projects that are employed at program exit to 20 percent or more; and • Decrease the number of homeless households with children. In order to stay informed and involved with the needs as identified by the Continuum, it is the policy of City's Community Development Department to regularly have staff representation at CoC meetings. At these meetings, the City provides information about upcoming ESG opportunities, gains valuable input from the collaborative on funding priorities, and evaluates the performance of ESG Funded projects. To ensure proper representation in decision- making, the CoC Steering Committee includes at least one representative from the Homeless or Formerly Homeless Population; one Veterans Affairs /Homeless Veterans Service Provider Representative; and one McKinney -Vento Liaison /Local Education Agency Representative /or Educational Services to Homeless Children & Youth Representative. In addition, the City posts flyers at City Homeless Shelters asking for input on current Action Plan activities. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City consults with the Continuum of Care annually to determine funding priorities. This year, surveys were distributed to members of the CoC in the winter of 2015 to obtain input regarding the most effective use of ESG funds. More specifically, recipients were asked to rank listed ESG - eligible activities Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC AGENDA PAGE 389 based on how each organization felt funding would most effectively be spent. Survey results indicated that responding CoC agencies felt Emergency Shelter and Rapid Re- Housing activities would be the most effective use of ESG funding. In addition, City staff was regularly present at the CoC's Planning and Performance Committee meetings where evaluations of funded projects occur. In determining programmatic performance indicators for ESG activities, staff consulted with ESG applicants and members of the CoC Planning and Performance Committee. Together, the City, ESG applicants, and the CoC Planning and Performance Committee examined the performance of previous years' ESG activities in order to make a determination regarding the approximate number of individuals that could reasonably be served by the program; funds were then allocated accordingly. The City of Bakersfield will continue to work with the CoC regarding the development and standardization of ESG performance indicators. 2. 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Ln Ln rj on G u E tp z 0 4-1 � m > 0 u O t a) v c E 4- 0 LA o it N Ln N nz .0 Q0 4-1 U < 0 N m =3 c: c: 05V04116 CC AGENDA PAGE 406 E cn E 0 CL 0 C7 vvi LO 0 m 0 ao 0 fD 0 ca G u 0 41 CL E tun m a) z a "Fu "Fu 0 0 0 0 it Q0 N c .0 Q0 < N c: c: Z: 0 ti O O Ln 2 c 0 U 0 05;1104116 CC AGENDA PAGE 407 V) 4-1 4-1 E 0 -1-- E -c E 0 -C 0 o "1 4-1 0 0 -4-1 0 V) V) U u a) E to a) < > > 4-1 0 � 0 4-1 0 0 (V E -4-1 U 4-1 U M " u r,4 c o 0 "I 0 0 V) 0 o V w o G u .> — c: — V) U c: 0 4� u W Co a) co V) < co V) 70 LL " a) 0 an V) 0 V) 0 U 4� _j 0 4-1 u N c 0 -, V) V) ru -,-OV)=-OQ)=;-O"lo-c 4-1 < a- -11 a- a- 4-1 < 00 w N c I r-i U Ln r- r1i r-i 4j)- Lj- Ln "a "I a) V) a) o 0 u u — < > V) > a) V) t3.0 a) M V) to •Y -r "a "a (Z Ln V) V) V) L/) V) V) > < X co W x LLJ u U X co W x LLJ u U a) co (A LLJ u a) LLJ U M V) Ln > Li- > cc > -Fo > m 0 0 u " z u 0 v u p E E C) a) tf: o V) bb < 0 0 L 0 U co V) (A >. Mo to 0 C C b.0 E E V) E a) :t E 0 0 tw V) a) 0 Z =; 0 c =; 0- 0 0 0 Qj) E 0 E c uQ) E > 4=ooaooc) 4=0000-00a) < u < u (n (n LU rj 4- L Ln Ln rj -0 0 4- =F G L, --- m u a) E 'n a) u m . Lu 0- Ln > < z 4� a) co 0 L/) V) 0 L.L a) Y V) > -U E a) m 0 a- Ln Z d LL 4- (V 0 LA o E cn E 0 CL 0 C7 vvi LO 0 m 0 ao 0 fD 0 ca G u 0 41 CL E tun m a) z a "Fu "Fu 0 0 0 0 it Q0 N c .0 Q0 < N c: c: Z: 0 ti O O Ln 2 c 0 U 0 05;1104116 CC AGENDA PAGE 407 O Q. 0 Im Ml Ln r4 cn 5 ui 0 dA O O r- r'4 O 4-1 u < 0 05;1104116 CC A GENDA PA GE 4 08 4� > -Fc3 0 � 0 E E 0 0 4- U V) m a) 0 LL fD U_ > � m Ln U V) T, 4� U u Li- 0 .0 0 4+ -W Z; CL CL CL E E E m m m z a z a z a "Fu "ru "ru "Fu "Fu "ru 0 0 0 0 0 0 t9 C9 C9 C9 C9 C9 CA O Q. 0 Im Ml Ln r4 cn 5 ui 0 dA O O r- r'4 O 4-1 u < 0 05;1104116 CC A GENDA PA GE 4 08 AP -35 Projects — 91.220(d) Introduction The ConPlan identifies five goals to address the housing and community development needs during the five -year period (FYs 2015/16 to 2019/20). General priority categories of housing, homelessness, special needs, and community development needs and their goals are addressed in the various activities to be undertaken. These activities estimate the number and type of families that will benefit from the proposed activities, including special local objectives and priority needs. The Action Plan also provides information related to the proposed geographic distribution of investment. It includes a general description of homeless and other community development needs activities to be undertaken and other action to address obstacles to meet underserved needs and reduce poverty. The proposed budget for the first year of the Action Plan is based on the HUD allocation of federal funds to the City. For the first year of the Action Plan, HUD has allocated a total of $4,488,328 of federal funds to the City, which are distributed as follows: • CDBG: $3,198,138 • HOME: $1,004,842 • ESG: $285,348 # Project Name 1 Bakersfield Senior Center Public Services 2 Small Business Development Services 3 Alliance Against Family Violence and Sexual Assault Public Services 4 Fair Housing Program Services 5 Section 108 Loan Repayment for $800,000 of Public Facilities 6 Section 108 Loan Repayment for $4.1 million of Public Facilities 7 General Management Oversight and Coordination 8 Home Access Grant Program 9 El Toro Area Curb, Gutter, Sidewalk and Reconstruction 10 Union - Brundage Area Curb, Gutter, Sidewalk, Drainage and Reconstruction 11 Oleander Area Curb, Gutter, Sidewalk and Reconstruction 12 Castro Area Curb, Gutter, Sidewalk and Reconstruction 13 P Area Curb, Gutter, Sidewalk and Reconstruction 14 Dr. Martin Luther King Jr. Park Lighting Improvements 15 Beale Park Playground Shade Structure Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) NE: 05104116 CC AGENDA PAGE 409 # Project Name 16 Wilson Park Playground Shade Structure 17 Stiern Park Playground Shade Structure 18 New Construction Assistance 19 CHDO Set Aside 20 HOME Administration /Planning Costs 21 ESG16 Bakersfield 22 2016 -2019 City of Bakersfield HOPWA Table 8 — Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) 29 05104116 CC AGENDA PAGE 410 N ^V^, W .O L CL L m E N N V 'o L a 00 M I a Ei r- .2 �F+ E O C E U d .O CL i O) d O M G d G O QD 4-+ U O a N _ a O ti m 0 a (U ti ti 0 0 O Ln 0 Z 0 0 U O 05;1104116 CC A GENDA PA GE 411 ao c O a L U L O O � .O L In {., V) w tw L c E ate-+ m O N z O L!) o O 7 C O " ro L o O U i to U d G o L/) -a i v m co z vii O N U 41 U 3 n- U v N to U v Ln 0 m Li- U CL x O E O Ur U c N a) E Ou G O L w U u � CL L = LL O \ \ r, N L V% O r1i -I a U v N m a) 4� rM Ln O -c c: � [6 aO -.' O >. " v U cu E 1 fD U_ L O CL Q) 0 Ln N O v (n 1 5 E 0 (1) (n E V) O -_ ++ N > 0 _ �= m E �° Z o a co a I— w 0 Q. 4A co cD 0) '0 a a) Z = li = o mo of a GJ o" � H N -Q GJ _ ±+ t M u `+ 4) 0 P E o w %- Q. = � Q. N G _ V J H a -= _ _m a E �° Z o a m a) a I� N 0 CL Q m c� it N O M G d G O QD 4-+ U O a N _ a O ti m 0 a (U ti ti 0 0 O Ln 0 Z 0 0 U O 05;1104116 CC A GENDA PA GE 411 M c d c O U O a N ru c c a 0 Ln0 a x 0 0 0 z 0 0 U a] O 05;1104116 CC AGENDA PAGE 412 E 0 41 v O N L • N 1 L a In {.r - O E N O O N N U a-•+ U i — dA c N L ) (/') a-• v� a) cn W U vim- O ate1 E � O M o r-i O _ U_ , c a) •tn c-I N O v� E � E p 41 > U U 1 � Q c U n3 Q � O O O U V O O V) \ a +1 , E o L a o , c z a a -0 LZ u a) X 06 06 [p V off '� O v a� a� vni m O ,., u L m t% O a) v� N E -1 c O U �O U LO NO U U _� a) N = = U =3 a) > � U V) V) O U O O O va= ) co v L V) V) V, tO dA c L 4- m O_ U aJ c 41 L L L > L.Y� 41 L 4 � L M N L N � � M U o m 4. •� E Q c O O N v) t/- 4-;' v L N v) V) c "I V) a) V) O O E a, c N Ln }J � V In - 7) O a '� `W° `W° ° v O c c rn O a) L N a) v � a� .O O O v m n3 n3 n3 U v v U m ca L 0- O c\-I O N nz L ° a a s a° o x° °� o o = o Q. E 4a Q. E 4a o 4 o _ _ m m tA O o .a E -� °-' ±. Q. 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IA IA IA a = °�' t ° D v ate, CL _ a o a a N a Q c" _ �a a, o? ar _ M a, o w N = H _ ca 4J = 0 m VO = N Z O LL O a cp �— v+'i L- W Q. p J a L- a cp �— O (� O Z 3 LL N a cp v+'i W n3 M M c d c O U O a N ru c c a 0 Ln0 a x 0 0 0 z 0 0 U a] O 05;1104116 CC AGENDA PAGE 412 / § % u / « r4 / \ ci Ln / 3 / 0 031104176 JJ /SEND/ / /S3 413 / \ � @ / 2 § 0 7 \ E 0 \ � % � 0 \ ? 2 e E / � \ / / . ) 3 y 2 § / E Y k / c� / E 0 7 < \ 7 0 ® 6 % f a c g � / j o 1 41 k / \ / % V) 41 2 / \ / / 0 2 / 1 \ / G / k \ $ ® / m x LLJ o \ 2 / / ° m= \ k 2 ƒ / \ \ o » } 0 5 2ƒ 5= -c \/ 2 5= y t / \ / o ? ƒ o U / 2 e E O $ / r" 0 f >- 0 ® m ƒc $ k $ g E G ■/ c : m ' ' E m ■ J CL CL -0 -0 c g m 'o « J 2 CL 'o c g m © 2 f E: 4 g #§ 4A 0 2 J f E: ° ` 2 2 I E \ u 2»�/ o 2 e c b M J 2 k 0 Lu 2 CL -i E a $ 2 U- a # rLm / § % u / « r4 / \ ci Ln / 3 / 0 031104176 JJ /SEND/ / /S3 413 ro M c d G O U O a N ru a 0 Ln0 a ti 0 0 0 z 0 0 U a] O 05;1104116 CC AGENDA PAGE 414 V 0 O a an c E 0 O a 3 an � c 3 E 4� E v 3 o � E o c 0 3 c O M -0 O Y -0 O d O O G 4- O O O a O E O _ C G y-0- O fD O v "- c {., G a - 4. c an E E > E > > >- a 0 CL m 4-1 CL v � c V), v v Cf E °1 c: E v 0 Q0 ti v W 00 O c: 00 M y «Lo t0 N c0 O to Ln N } � t/} a c: >- L O a v U 'O � N U Z Z 0 H° Z Z n (D = o 4 o a E a E •a o o c c *' m O O a, N N _ ±. 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E rl O G % / % f cL cL 4 / 4 / / 2 ° 2 ° IA g g / $ $ § c k: > M u � k w c ■/ M E J c ■ f m 2« 0 ' m � « 0 ' m ¥ O $ ■ c « « # a $ ■ _ c m e 0 ■ u � c @ 0 ■ k 2 k k 0 m k o m W / o § 0 -i a L -J Lu 2 CL E a � 0 z LL 2 M E F-4 \ / / \ \ \ / k Ln \ 3 / 0 031104176 JJ /SEND/ / /S3 423 AP -50 Geographic Distribution — 91.220(f) Description of the geographic areas of the entitlement (including areas of low- income and minority concentration) where assistance will be directed CDBG. There are no targeted areas for CDBG investments within the City. Housing programs funded with CDBG funds are available citywide to low- and moderate - income residents. Fair housing program services are provided citywide. Supportive services are available citywide to low- and moderate - income residents and person with special needs. Debt service on Section 108 public improvement projects which are located in low- and moderate - income areas. Public infrastructure and facility improvements are in predominately low- and moderate - income areas. HOME. Funding for affordable housing development costs is available for projects on a citywide basis. ESG. Supportive services are available citywide to the homeless. Geographic Distribution Target Area Percentage of Funds City of Bakersfield 100 Table 10 - Geographic Distribution Rationale for the priorities for allocating investments geographically There are no specific geographic target areas in Bakersfield; however all public service programs funded with CDBG will be available citywide to eligible persons. The City will also allocate CDBG funds for public facility and public infrastructure projects located in eligible low and moderate income areas. Finally, HOME funds are allocated to housing projects located citywide, promoting the development of new affordable housing units outside of low- and moderate - income neighborhoods or areas designated for redevelopment and economic development. Discussion OMB Control No: 2506 -0117 (exp. 07/31/2015) Annual Action Plan 43 2016 05104116 CC AGENDA PAGE 424 Affordable Housing AP -55 Affordable Housing — 91.220(g) Introduction The City is actively pursuing its goal of creating decent, accessible and affordable housing. During the 2010 -2015 ConPlan period, the City assisted in the development or rehabilitation of six affordable housing projects totaling 367 units. During the 2015 -2020 ConPlan period, the City is currently constructing or is planning to develop or rehabilitate 220 units. ConPlan 2010 -2015 • Santa Fe Apartments (new construction): 56 units • Pinewood Glen (rehab): 99 units • Baker Street Village (new construction): 36 units • City Place (new construction): 70 units • Residences at W. Columbus (new construction): 56 units • Residences at Old Town Kern (new construction): 50 units ConPlan 2015 -2020 • Park 20th (new construction): 55 units • Courtyard (new construction): 62 units • 19th Street Senior (new construction): 62 units • Future new construction projects: 30 units • Future rehabilitation projects: 11 units As part of this ConPlan, the City's goal is to rehabilitate 11 low /mod units, assist in the development of 210 affordable units, and provide home accessibility improvements for 35 households. In addition, through the update and implementation of the Bakersfield Housing Element in 2015, the City will accommodate the development of approximately 15,500 lower- income units over the 2013- 2023 period. The City's Housing Element includes policies and programs to: • Provide housing opportunities and accessibility for all economic segments of the City • Provide and maintain an adequate supply of sites for the development of affordable new housing • Preserve, rehabilitate, and enhance existing housing and neighborhoods • Ensure that all housing programs are available without discrimination on the basis of race, color, Annual Action Plan 44 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC AGENDA PAGE 42.E religion, sex national origin, ancestry, marital status, age, household composition or size , and any other arbitrary factor • Encourage and enhance intergovernmental, public, and private coordination and cooperation to achieve an adequate supply of housing for all economic and social segments of the community One Year Goals for the Number of Households to be Supported Homeless 0 Non - Homeless 161 Special -Needs 0 Total 161 Table 11- One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 62 Rehab of Existing Units 99 Acquisition of Existing Units 0 Total 161 Table 12 - One Year Goals for Affordable Housing by Support Type Discussion OMB Control No: 2506 -0117 (exp. 07/31/2015) Annual Action Plan 45 2016 05104116 CC A GENDA FAA GE 42 AP -60 Public Housing — 91.220(h) Introduction The Housing Authority of the County of Kern (HACK) administers the Section 8 Housing Choice Voucher Program and the Public Housing Program for the City of Bakersfield. The Section 8 Housing Choice Voucher Program provides rental subsidies to low- income families that spend more than 30 percent of their gross income on housing costs. The program pays the difference between 30 percent of the recipients' monthly income and the federally approved payment standard. Recipients of Housing Choice Vouchers are able to find their own housing, including single - family homes, townhouses, and apartments. Participants are free to choose any housing that meets the requirements of the program and are not limited to units located in subsidized housing projects. The Section 8 Public Housing Program provides decent and safe rental housing for eligible low- income families, the elderly and persons with disabilities. Public housing comes in all sizes and types, from scattered single - family houses to high -rise apartments for elderly families. Currently, HACK operates 14 low- income public housing complexes within the County, totaling 865 units. In 2014, all public housing units were occupied or committed, with the waiting list closed. Actions planned during the next year to address the needs to public housing The City will continue to work with HACK and other service providers through enhanced fair housing program services to promote the Section 8 program with local property managers. More specifically, the City will develop a Fair Housing Coordinator position, or contract with an outside Fair Housing Services provider to increase Fair Housing education, outreach, testing, and referral services, monitoring of unfair /predatory lending practices, training for apartment owner /manager associations on fair housing laws, and local Fair Housing workshops to educate the public about fair housing rights. Actions to encourage public housing residents to become more involved in management and participate in homeownership HACK encourages the participation of public housing residents to become self- sufficient, and to eventually pursue homeownership, by providing job readiness, family support, parenting, and educational opportunities. HACK has established a housing counseling program to help guide residents in pursing homeownership, and has increased participation in the Family Self- Sufficiency (FSS) Program. The FSS Program is voluntary to anyone currently participating in the Section 8 Housing Choice Voucher Program or living in a HACK Low Income Public Housing complex. This program helps participating families and individuals learn to take control of their lives and achieve financial independence within five years. Participants may obtain higher education, job training, and financial planning including credit counseling, homeownership counseling, and referrals to supportive agencies through the assistance of FSS Service Coordinators. Participants benefit from case management and OMB Control No: 2506 -0117 (exp. 07/31/2015) Annual Action Plan 46 2016 05104116 CC A GENDA FAA GE 42 7 services to successfully achieve their goals. As participants earning increases, a portion of the increase in rent may be deposited for the participant into an interest bearing saving account, which may be used towards a down payment on a house. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance Not applicable. Discussion Not applicable. OMB Control No: 2506 -0117 (exp. 07/31/2015) Annual Action Plan 47 2016 05104116 CC AGENDA PAGE 428 AP -65 Homeless and Other Special Needs Activities — 91.220(i) Introduction In January 2014, the Bakersfield /Kern County Continuum of Care conducted a Point -in -Time survey to gain an accurate count of homelessness in Bakersfield. The survey counted 992 homeless persons. Approximately 39 percent of homeless individuals were located in emergency shelter facilities, 20 percent were in transitional shelter facilities, and the rest were unsheltered. The survey did not specify whether the homeless persons resided in the Bakersfield metropolitan area versus the City of Bakersfield. However, as Bakersfield is the population center and seat of Kern County— making it the focal point of the administration of public services in the region —it is likely that all populations would be inherently served by enhanced homeless services in Bakersfield. Describe the jurisdictions one -year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City will continue to support the ongoing funding of assessment and outreach activities as well as the expansion and creation of additional outreach activities provided by existing homeless and social service organizations throughout the City. Utilizing ESG and HOPWA funds and coordinating efforts with the homeless service providers and the Kern County Continuum of Care, the City will help contact and assess the needs of homeless families and individuals; provide telephone and information referral service to homeless persons; and support service providers performing case management for homeless families and individuals. Addressing the emergency shelter and transitional housing needs of homeless persons Emergency Solutions Grants (ESG), funded through HUD, are used to assist nonprofit organizations with improving the quality of emergency shelters for the homeless, meet the cost of operating such shelters, and provide essential social services, homeless prevention services, and other assistance to the homeless. Below are projects funded by the City with ESG fund for the FY 2016/17 to address the needs of the homeless. • Bakersfield Homeless Center – Shelter ($63,912) • Bakersfield Homeless Center – Rapid Re- Housing ($93,568) • Bakersfield Rescue Mission – Shelter ($63,912) • Flood Bakersfield Ministries –Street Outreach ($22,456) • Alliance Against Family Violence – Shelter ($22,456) OMB Control No: 2506 -0117 (exp. 07/31/2015) Annual Action Plan 48 2016 05104116 CC A GENDA FAA GE 42 9 Additionally, through FY 2016 -17 HOPWA funding, the City of Bakersfield will work with Kern County Public Health to address the needs of the homeless persons living with HIV /AIDS. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again According to the 2014 Point in Time homeless survey, a total of 168 chronically homeless individuals were counted. In general, a chronically homeless person is an unaccompanied disabled individual who has been continuously homeless for more than one year. The City's approach to eliminating chronic homelessness include supporting the Kern County Homeless Collaborative in its strategy to prevent homelessness, develop increased housing resources, and provide early, intensive intervention for people who are chronically homeless. Kern County Homeless Collaborative's 2013 -2014 Continuum of Care Performance Objectives detail its strategy to relieve area homelessness: • Create new dedicated permanent supportive housing beds for chronically homeless persons; • Increase the percentage of participants remaining in Continuum of Care funded permanent housing projects for at least six months to 80 percent or more; • Increase the percentage of participants in Continuum of Care - funded transitional housing that move into permanent housing to 80 percent or more; • Increase percentage of participants in all Continuum of Care - funded projects that are employed at program exit to 20 percent or more; and • Decrease the number of homeless households with children. Helping low- income individuals and families avoid becoming homeless, especially extremely low- income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. OMB Control No: 2506 -0117 (exp. 07/31/2015) Annual Action Plan 49 2016 05104116 CC AGENDA PAGE 430 The City's strategy for preventing homelessness for low- income individuals and families with children which are at imminent risk of becoming homeless by HUD's definition includes providing rental subsidies, child care, transportation, employment services, and protection under the fair housing laws to low- income individuals and families. In addition, the City will support the KCHC's ( "Homeless Prevention" strategy, to address the needs of individuals and families with children who are at risk of becoming homeless, and will assist in carrying out the Mayor's 10 -Year Plan to End Chronic Homelessness. The Kern County Mental Health Department and HACK are the only governmental agencies receiving HUD McKinney funds. HACK has not developed a formal discharge policy, but has developed tenant agreements for lease termination as a Public Housing Authority. The Kern County Mental Health Department has developed and implemented, to the extent practicable, policies for the discharge of persons from publicly funded institutions or systems of care. The discharge policy can be referenced under the Manual of Policies and Procedures, Section No. 5.1.22 issue dated 3/20/01. The policy objective reads "to set forth guidelines and documentation standards that outline communication, linkage responsibilities, and requirements among providers for individuals being discharged from the System of Care (SOC)." The Department of Mental Health works in conjunction with health care facilities, foster care or other youth facilities, and corrections programs and institutions to help prevent the discharge of individuals resulting in homelessness. The Kern County Homeless Collaborative has created a Discharge Planning Policy Task Force and has conducted a countywide Strategic Planning session. The purpose of the session was to develop and implement strategies that involve political leaders, governmental agencies, homeless service providers, homeless consumers, and other stakeholders to prevent individuals from immediately becoming homeless, and to end general and chronic homelessness in Kern County. One of the many areas that were addressed was the issue of discharging persons into homelessness, regardless of whether the institution receives HUD McKinney Funds. KCHC is working on developing the necessary action to ascertain the extent of discharge policies that result in homelessness and plans to work with various institutions to ensure that a system of care is developed and implemented to prevent immediate homelessness. The final discharge policy has become part of the Mayor's Ten Year Plan to End Homelessness. The Discharge Planning Committee of the KCHC meets regularly to keep up to date with changes within the community. With the recent passage of AB109, the Discharge Committee is working to provide housing opportunities and other supportive services for the homeless population. Additionally, AB12 extends support to foster and emancipated youth from age 18 to 20, and the Discharge Committee of the Continuum of Care is following this category of homeless individuals to ensure access to housing and other supportive services. Discussion OMB Control No: 2506 -0117 (exp. 07/31/2015) Annual Action Plan 50 2016 05104116 CC AGENDA PAGE 431 One year goals for the number of households to be provided housing through the use of HOPWA for: Short -term rent, mortgage, and utility assistance to prevent homelessness of the individual or family Tenant -based rental assistance Units provided in housing facilities (transitional or permanent) that are being developed, leased, or operated Units provided in transitional short -term housing facilities developed, leased, or operated with HOPWA funds Total OMB Control No: 2506 -0117 (exp. 07/31/2015) Annual Action Plan 51 2016 05104116 CC AGENDA PAGE 432 AP -75 Barriers to affordable housing — 91.220(j) Introduction Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment As discussed in the Strategic Plan, the City provides cost reductions to developers through the Density Bonus and Other Incentive Ordinance when low and very -low income housing units are proposed. Further cost reductions occur in the form of increased densities and concessions such as flexibility in site development standards and zoning code requirements, reductions in development fees and dedication requirements, financial aid, and /or accelerated plan check. Cost reductions can also occur through the more efficient use of land in the Commercial /Residential land use zone, SRO conversions, the creation of specific parking requirements for the downtown area, granny units, accessory units and the Planned Unit Development (PUD) program. For example, the PUD residential districts of the zoning code allow design flexibility through, but not limited to, small lots, zero lot line, cluster developments, mixed unit types and high -rise apartments. These housing policies and programs are included in the City's Housing Element, which is currently being updated by the City, as required by State law. The 2015 -2023 Housing Element will include policies and programs to accommodate the City's fair share of the regional housing needs of extremely low, very low, low, moderate and above moderate - income households. As previously mention in the Action Plan, the adoption and implementation of the Bakersfield 2015 -2023 Housing Element this year, the City be able to accommodate approximately 15,500 lower- income units between 2013 and 2023, which averages about 1,550 units per year. The City's Housing Element includes policies and programs to: • Provide housing opportunities and accessibility for all economic segments of the City • Provide and maintain an adequate supply of sites for the development of affordable new housing • Preserve, rehabilitate, and enhance existing housing and neighborhood • Ensure that all housing programs are available without discrimination on the basis of race, color, religion, sex national origin, ancestry, marital status, age, household composition or size , and any other arbitrary factor • Encourage and enhance intergovernmental, public, and private coordination and cooperation to achieve an adequate supply of housing for all economic and social segments of the community. Specific housing and land use programs that will be implemented this year (2015) that will impact OMB Control No: 2506 -0117 (exp. 07/31/2015) Annual Action Plan 52 2016 05104116 CC AGENDA PAGE 433 affordable housing and special needs housing include: 1) adoption of an ordinance allowing the establishment of transitional and supportive housing in residential zones consistent with the requirements of similar residential uses; and 2) adoption of an ordinance establishing a procedure or policy for reasonable accommodation, as required by State law. Additionally, as described previously in this document, the City of Bakersfield will continue to seek partnerships to create or preserve affordable housing by providing financial assistance through the City's entitlement programs. Discussion OMB Control No: 2506 -0117 (exp. 07/31/2015) Annual Action Plan 53 2016 05104116 CC AGENDA PAGE 434 AP -85 Other Actions — 91.220(k) Introduction Through the needs assessment and market analysis, as well information derived from consultation with service providers and community input from the outreach effort, the five -year ConPlan establishes the following priority needs: 1. Preserve and expand decent and affordable housing 2. Create, retain, and attract businesses and jobs 3. Improve and expand public infrastructure and facilities 4. Improve and expand public facilities and services for the non - homeless special needs population 5. Improve and expand public facilities and services for the homeless and HIV /AIDS population. OMB Control No: 2506 -0117 (exp. 07/31/2015) Annual Action Plan 54 2016 05104116 CC AGENDA PAGE 43.E Actions planned to address obstacles to meeting underserved needs The ability of the City to address underserved needs depends on the availability of resources. Since the loss of Low and Moderate Housing Funds as a result of the dissolution of redevelopment agencies statewide in 2012, it has impacted the City's ability to meet the needs of low and moderate - income persons. The City will continue to use CDBG, HOME and ESG funds to support projects improve and expand the affordable housing stock, expand the community and economic development, improve infrastructure and public facilities for non - homeless special needs and homeless and HIV /AIDS persons. The City will, however, seek additional resources to better meet the underserved needs. Actions planned to foster and maintain affordable housing Providing decent and affordable housing is a high priority and goal of the City. In FY 2016/17, the City will implement programs that directly help increase the availability and accessibility of affordable housing units. Approximately $830,000 of HOME funds will be available to assist in the construction of new affordable rental housing units and approximately $165,000 of Home funds be allocated to a CHDO to acquire, develop, rehabilitate, and /or construct affordable rental housing. In addition, about $93,000 of ESG funds will be used to assist households who are recently homeless to re- establish permanent housing for the household. Actions planned to reduce lead -based paint hazards The ConPlan discussed the City's strategy for implementing lead -based paint mitigation in qualified residential units. Assessment of hazards can be better accomplished while housing is being inspected or evaluated. On a project -by- project basis, funds will be made available to test for and mitigate lead - based paint hazards occurring in housing units that receive HUD Program funds for rehabilitation. Actions planned to reduce the number of poverty -level families To address the issue of poverty in FY 2016/17, the City will support public service programs to help individual with job training and helping to reduce housing costs by providing affordable housing through the support of the CHDO and providing assistance to the development of new affordable housing. The City will also fund social service programs through the Continuum of Care to help the homeless and individuals achieve economic independence. Actions planned to develop institutional structure As a result of organizational restructuring over the past five years, including the merger of the former OMB Control No: 2506 -0117 (exp. 07/31/2015) Annual Action Plan 55 2016 05104116 CC AGENDA PAGE 436 Economic and Community Development and Development Services departments, the City of Bakersfield continues to assess institutional structure to effectively implement the City's entitlement programs and meet the goals of the Consolidated Plan. The City will continue to cross -train staff and take advantage of training and educational opportunities to improve capacity in administering HUD - funded programs. Additionally, the City will continue to explore opportunities to partner with other City departments and external organizations to improve the community. Actions planned to enhance coordination between public and private housing and social service agencies <pre >The City will continue to collaborate with public and private housing and social service agencies to meet the goals and objectives of the Consolidated Plan. For example, the City will continue to be a participating member of the Kern County Homeless Collaborative and assign a CDD staff to attend monthly board meetings. < /pre> Discussion OMB Control No: 2506 -0117 (exp. 07/31/2015) Annual Action Plan 56 2016 05104116 CC AGENDA PAGE 437 Program Specific Requirements AP -90 Program Specific Requirements — 91.220(1)(1,2,4) Introduction Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 7,000 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float- funded activities 0 Total Program Income: 7,000 Other CDBG Requirements 1. The amount of urgent need activities 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) 0 80.00% 57 05104116 CC AGENDA PAGE 438 HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(1)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: The City of Bakersfield does not use HOME funds beyond those identified in Section 92.205. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: Attachment B of the Grantee Unique Appendices includes a copy of the Resale Guidelines for Home - Assisted Activities. 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: The City of Bakersfield uses resale provisions in its HOME- assisted activities, enforced through a Promissory Note and Deed of Trust on the property. The period of affordability for a HOME- assisted project is based on the amount of HOME subsidy in a projects and whether the activity is new construction in accordance with HOME regulations and other funding sources through a subsidy layering analysis performed on a project -by- project basis. The City of Bakersfield will only permit sale of HOME- assisted units to qualifying eligible households at the time of review and approval. Additionally, HOME- assisted projects will be monitored at annually to determine compliance with affordability requirements. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City of Bakersfield does not anticipate using HOME funds to refinance existing debt. OMB Control No: 2506 -0117 (exp. 07/31/2015) Annual Action Plan 58 2016 05104116 CC AGENDA PAGE 439 Emergency Solutions Grant (ESG) Reference 91.220(1)(4) 1. Include written standards for providing ESG assistance (may include as attachment) Attachment C of Grantee Unique Appendices includes the Written Standards for Providing ESG Assistance, NOFA and a Quick Assessment tool that will be implemented this year through the Homeless Collaborative. This is the first step for assessing a participant's needs for all CoC services (including ESG services). In addition, the written standards for application and selection of ESG recipients are outlined in the Funding Handbook and Notice of Funding Availability, made available each September to potential applicants. Additionally, written standards are included in the City of Bakersfield's ESG Policies and Procedure document. In order to best determine the allocation of ESG funding, the City of Bakersfield assessed both the community needs expressed by the CoC, the City's current ConPlan priorities, and the amount of ESG funding available to the City. As part of the development of the FY2014 -15 Action Plan, surveys were distributed individually to the members of the CoC in the winter of 2014 to obtain input regarding the most effective use of ESG funds. More specifically, recipients were asked to rank listed ESG - eligible activities based on how each organization felt funding would most effectively be spent. Survey results indicated that responding CoC agencies felt Emergency Shelter and Rapid Re- Housing activities would be the most effective use of ESG funding. Additionally, it is the policy of City Community Development Department to regularly have staff representation at CoC meetings, in order to stay informed and involved with the needs as identified by the Continuum. Through such meetings, City staff has made information available to the CoC regarding revisions to the ESG process and to obtain input regarding the most effective use of ESG funding. To ensure proper representation in decision- making, the CoC Steering Committee includes at least one representative from the Homeless or Formerly Homeless Population; one Veterans Affairs /Homeless Veterans Service Provider Representative; and one McKinney -Vento Liaison /Local Education Agency Representative /or Educational Services to Homeless Children & Youth Representative. Input gathered in CoC meetings was found to corroborate with information collected through the City's ESG survey; Emergency Shelter and Rapid Rehousing activities would be the most effective use of ESG funds. 2. If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system. OMB Control No: 2506 -0117 (exp. 07/31/2015) Annual Action Plan 59 2016 05104116 CC AGENDA PAGE 3. Identify the process for making sub - awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith -based organizations). The City of Bakersfield conducts an open Request for Proposal process. Eligibility requirements are described in the City of Bakersfield's Funding Handbook which can be found in Attachment C of Grantee Unique Appendices. 4. If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG. The City will work with the Kern County Homeless Collaborative /CoC and partnering homeless service providers to ensure that information on ESG activities is distributed to homeless and formerly homeless individuals in order to provide the opportunity for involvement in decision /policy making. This will be done by posting upcoming changes to ESG activities at various provider locations, and will include a phone number where homeless /formerly homeless individuals may call and provide input on decision /policy changes. In addition, the City will work closely with the Kern County Homeless Collaborative to gather input from homeless /formerly homeless representatives active in the collaborative. 5. Describe performance standards for evaluating ESG. In determining programmatic performance indicators for ESG activities staff examined the recent performance of similar ESG - eligible activities. Specifically, staff examined the performance of previous years' Shelter activities and made a determination regarding the approximate number of individuals that could reasonably be served by the program. The approximate amount of people served through ESG Shelter Programs is 3,000. Likewise, staff examined the Re- Housing component of the Homeless Prevention and Rapid Re- Housing (HPRP) program, and projected that 30 households could be reasonably served by a re- housing program. Funds were then allocated accordingly. Once performance indicators and performance estimates were determined, staff conferred with the CoC, and specifically members with experience providing shelter or re- housing activities, to provide any additional input and, if necessary, refine proposed outcomes. The City of Bakersfield will continue to work with the CoC regarding the development and standardization of ESG performance indicators. Discussion OMB Control No: 2506 -0117 (exp. 07/31/2015) Annual Action Plan 60 2016 05104116 CC AGENDA PAGE 441 OMB Control No: 2506-0117 (exp. 07/31/2015) Annual Action Plan 61 2016 05104116 CC AGENDA PAGE 442 Consolidated Plan BAKERSFIELD OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC AGENDA PAGE 443 Executive Summary ES -05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction As a U.S. Department of Housing and Urban Development (HUD) entitlement city, the City of Bakersfield created the 2015 -2020 Consolidated Plan and submitted the document to HUD in May 2015, covering the Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), and Emergency Solutions Grant (ESG) programs. The City of Bakersfield is also entitled to Housing Opportunites for Persons with AIDS ( HOPWA) funds, which have historically been administered by the State of California to serve the County of Kern through a tri -party agreement between the City of Bakersfield, HUD and the State of California. As such, the HOPWA program for Kern County was included in the State of California's Consolidated Plan 2015 -2020. For FY2016 -17 moving forward, the City of Bakersfield will assume administrative responsiblities for the HOPWA program. Thus, this HOPWA addendum to the Cit of Bakersfield 2015 -2020 Consolidated Plan (ConPlan 2020), using the approved Con Plan 2020 as a baseline, this document will address HOPWA- specific elements of the Con Plan 2020. For FY2016 -17 the City of Bakersfield will receive $384,538 HOPWA fuding, and anticipates $1.5M HOPWA funds over the remaining four years of the ConPlan 2020. 2. Summary of the objectives and outcomes identified in the Plan Needs Assessment Overview The ConPlan 2020 identified five goals that align with HUD's three primary objectives of Decent Housing, Suitable Living Environment, and Economic Opportunities. All programs funded under HOPWA are anticipated to meet HUD's Affordablility for the Purpose of Providing Decent Housing (DH -2) outcome /objective. 3. Evaluation of past performance The City has no prior experience with administering the HOPWA program. Consolidated Plan BAKERSFIELD OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC AGENDA PAGE 444 The Process PR -05 Lead & Responsible Agencies 24 CFR 91.200(b) 1. Describe agency /entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source The following are the agencies /entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department /Agency HOPWA Administrator BAKERSFIELD Community Development Department Table 1— Responsible Agencies Consolidated Plan Public Contact Information Ryan Bland, Community Development Coordinator City of Bakersfield, Community Development Department, Attn: Ryan Bland, 1715 Chester Avenue, Bakersfield, CA 93301 Telephone: 661 - 326 -3765, Fax: 661 - 852 -2136, TDD: 661 - 321 -9472 Consolidated Plan BAKERSFIELD 3 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC AGENDA PAGE 44.E PR -10 Consultation - 91.100, 91.200(b), 91.215(1) 1. Introduction As part of the outreach effort in the development of the ConPlan, the City consulted and coordinated with governmental agencies, nonprofit service provider's agencies, as well as the community residents and businesses in identifying the needs of the low and moderate - income community. The outreach process is described in greater detail in the Executive Summary section of the ConPlan 2020. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)). The ConPlan 2020 Consultation section provides a detailed description of the City's coordination with varioius nonprofit service providers and governmental agencies, which include local HOPWA service providers and interested agencies. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness The ConPlan 2020 Consultation sections provides a detailed description of coordination with the Continuum of Care. This coordination also applies to HOPWA outreach and provision of services. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards and evaluate outcomes, and develop funding, policies and procedures for the administration of HMIS The ConPlan 2020 Consultation sections provides a detailed description of consultation with the Continuum of Care. This coordination also applies to HOPWA outreach and provision of services. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdictions consultations with housing, social service agencies and other entities Consolidated Plan BAKERSFIELD 4 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC AGENDA PAGE Table 2 — Agencies, groups, organizations who participated 1 Agency /Group /Organization Kern County Public Health Services Department - Health Assessment and Epidemiology Agency /Group /Organization Type Housing Services - Housing Services - Children Services - Elderly Persons Services - Persons with Disabilities Services - Persons with HIV /AIDS Services - homeless Services - Health Services - Victims Health Agency Other government - County Regional organization What section of the Plan was addressed HOPWA Strategy by Consultation? How was the Agency /Group /Organization In addition to topics already described in the ConPlan consulted and what are the anticipated 2020, the City consulted with Kern County Public outcomes of the consultation or areas for Health regarding HOPWA needs and to ensure improved coordination? seamless transition of existing HOPWA programs from State to local administration. 2 Agency /Group /Organization Housing Authority of the County of Kern Agency /Group /Organization Type Housing PHA Services - Housing Services - Children Services - Elderly Persons Services - Persons with Disabilities Services - Persons with HIV /AIDS Services - Victims of Domestic Violence Services - homeless Service -Fair Housing Publicly Funded Institution /System of Care Regional organization Planning organization What section of the Plan was addressed HOPWA Strategy by Consultation? Consolidated Plan BAKERSFIELD OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC AGENDA PAGE 447 How was the Agency /Group /Organization The Housing Authority of the County of Kern is consulted and what are the anticipated anticipated to be a primary provider of HOPWA tenant outcomes of the consultation or areas for improved coordination? based rental assistance (TBRA) to ensure housing stability and prevent homelessness. The City consulted with the Housing Authority regarding needs and to ensure positive transition from State to local HOPWA administration. Identify any Agency Types not consulted and provide rationale for not consulting The City did not intentionally or knowingly omit any agency type from the ConPlan or Action Plan funding processes. Other local /regional /state /federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Kern County Homeless Continuum of Care and HOPWA goals are designed to Collaborative prevent and homelessness and promote housing stability. Table 3 — Other local / regional / federal planning efforts Describe cooperation and coordination with other public entities, including the State and any adjacent units of general local government, in the implementation of the Consolidated Plan (91.215(1)) The Community Development Department (CD) outreach mailing list include approximately 180 agencies. Each was invited to participate in the Bakersfield ConPlan 2020 process, including this HOPWA Addendum. In addition, CDD staff regularly attends the Kern County Homeless Collaborative board meeting, which provide a forum for discussion of community needs and coordination of public services. Consolidated Plan BAKERSFIELD 6 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC AGENDA PAGE DRAFT NA -45 Non - Homeless Special Needs Assessment - 91.205 (b,d) Introduction: In addition to special needs populations described in this same section of the ConPlan 2020, it is recognized that persons living with HIV /AIDS have medical treatment and assistance, and often require related supportive services as part of their routine daily living activities. For Persons living with HIV /AIDS ( PLWHA), housing is consistently ranked as one of the top five unmet needs throughout the State of California. Additionally, although housing cost in Kern County is generally lower than that of the Stat of California, so is median family income. According to the current Kern County HIV /AIDS Housing Plan, PLWHA often have incomes well below the median, depending on Supplemental Security Income (SSI), and experience significant healthcare costs related to their medical condition. The following HIV /AIDS surveillance data depicted in the HOPWA Surveillance Data table below may be used as a benchmark for assessing the number of PLWHA in Kern County. The data reported in the HIV Housing Need ( HOPWA Grantees Only) table below represents the number of households reported to be waiting for housing assistance per assistance type. These totals are based on project sponsors that maintained waiting lists. HOPWA Current HOPWA formula use: Cumulative cases of AIDS reported 2,087 Area incidence of AIDS 1,256 Rate per population 140.4 per 100,000 Number of new cases prior year (3 years of data) 2013:33,2014:25,2015:23 Rate per population (3 years of data) 2013: 3.9, 2014: 2.8, 2015: 2.6 (per 100,000) Current HIV surveillance data: Number of Persons living with HIV (PLWH) 847 Area Prevalence (PLWH per population) 94.7 per 100,000 Number of new HIV cases reported last year 82 Table 4 — HOPWA Data Data Source Comments: Kern County Public Health HIV Housing Need ( HOPWA Grantees Only) Type of HOPWA Assistance Estimates of Unmet Need Tenant based rental assistance 0 Short -term Rent, Mortgage, and Utility 0 Facility Based Housing (Permanent, short -term or transitional) 0 Table 5 — HIV Housing Need Data Source: HOPWA CAPER and HOPWA Beneficiary Verification Worksheet Consolidated Plan BAKERSFIELD OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC AGENDA PAGE 449 DRAFT What are the housing and supportive service needs of these populations and how are these needs determined? Persons with HIV /AIDS face an array of barriers to obtaining and maintaining affordable, stable housing. For many, the persistent shortage of stable housing can be the primary barrier to consistent medical care and treatment. Based on average housing costs, persons with HIV /AIDS could be forced to pay a large portion of their income that might otherwise go toward monthly rent or mortgage for health care. Therefore, it is essential that the following programs continue: Health Education and Linkage Program, which provides case management to HIV /AIDS individuals. Clinical Sierra Vista's Life Linkage Program, which assesses HIV /AIDS clients' needs and develops a care plan. HOPWA program, which works collaboratively with the HACK, CSV and KCDPH in providing housing assistance and supportive services to persons with HIV /AIDS. Discuss the size and characteristics of the population with HIV /AIDS and their families within the Eligible Metropolitan Statistical Area: The California Department of Public Health estimates that as of June 30, 2014, there were 1,941 people living with either HIV or AIDS in Kern County. Limited data collected through the HOPWA funded contractors for individuals who received housing assistance indicate 83% had incomes at or below 30% of Area Median Income (AMI), 14% were at or below 50% of AMI, and only 3% were at or below 80% of AMI which demonstrates a high poverty rate among PLWHA. Consolidated Plan BAKERSFIELD OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC AGENDA PAGE 450 DRAFT MA -30 Homeless Facilities and Services — 91.210(c) Describe mainstream services, such as health, mental health, and employment services to the extent those services are use to complement services targeted to homeless persons Low income PLWHA that are homeless are assisted through HOPWA with TBRA, housing information and referral services, hotel /motel voucher or other short term housing assistance, and supportive services including case management, meal assistance, and transportation vouchers. At intake for the HOPWA program, a client service plan (mainstream services, such as health, mental health, and employment services) is prepared, and the client is referred to other agencies for services not provided by the HOPWA project sponsor. List and describe services and facilities that meet the needs of homeless persons, particularly chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth. If the services and facilities are listed on screen SP -40 Institutional Delivery Structure or screen MA -35 Special Needs Facilities and Services, describe how these facilities and services specifically address the needs of these populations. Approximately 88% of the annual HOPWA allocation is used for homeless and homeless prevention services for PLWHA, including the chronically homeless, families with children, and veterans. These services include TBRA, STRMU, hotel /motel voucher assistance, facility -based housing, housing information and referral services. Additionally, by making available case management, personal assistance, life skills management, mental health or substance abuse services, transportation, and food and nutrition services, these services meet chronically homeless individuals and families' need for supporting services that assist in removing potential barriers to permanent housing placement that contribute chronic homelessness. The level of HOPWA- funded homeless services provided to PLWHA varies from county to county depending on funding availability. Other supportive services are funded through the Ryan White Act and other local, State, or federal sources. HOPWA facilitates the integration of HOPWA project sponsors and resources with HCP service agencies, homeless service providers, and other mainstream services through its HOPWA funding application process and through technical assistance, to maximize the services made available to homeless persons and persons with HIV. Consolidated Plan BAKERSFIELD 9 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC AGENDA PAGE 451 DRAFT MA -35 Special Needs Facilities and Services — 91.210(d) Introduction HOPWA Assistance Baseline Table Type of HOWA Assistance Number of Units Designated or Available for People with HIV /AIDS and their families TBRA 37 PH in facilities 0 ST R M U 111 ST or TH facilities 9 PH placement 0 Table 6— HOPWA Assistance Baseline Data Source: HOPWA CAPER and HOPWA Beneficiary Verification Worksheet Including the elderly, frail elderly, persons with disabilities (mental, physical, developmental), persons with alcohol or other drug addictions, persons with HIV /AIDS and their families, public housing residents and any other categories the jurisdiction may specify, and describe their supportive housing needs PLWHA entering into HOPWA HIV service programs, including those exiting from an institution, are screened for housing needs at intake and receive supportive services from a case manager, which include a comprehensive housing plan and linkage to healthcare and support. Describe programs for ensuring that persons returning from mental and physical health institutions receive appropriate supportive housing HOPWA does not provide vouchers for, or have dedicated supportive housing for, persons exiting mental and physical health institutions. However, PLWHA entering into a local HOPWA program, including those exiting a mental or physical health institution, are screened for housing and service needs, and linked to available housing and service agencies. Specify the activities that the jurisdiction plans to undertake during the next year to address the housing and supportive services needs identified in accordance with 91.215(e) with respect to persons who are not homeless but have other special needs. Link to one -year goals. 91.315(e) In addition to those programs aleady described in the ConPlan 2020, the City is allocating HOPWA resources to TBRA, STRMU, facilities based assistance, housing information services, and supportive services. With FY16 -17 HOPWA funding, the City anticipates housing subsidy assistance for 130 households and supportive services for 130 households. Consolidated Plan BAKERSFIELD 10 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC AGENDA PAGE 452 DRAFT For entitlement/consortia grantees: Specify the activities that the jurisdiction plans to undertake during the next year to address the housing and supportive services needs identified in accordance with 91.215(e) with respect to persons who are not homeless but have other special needs. Link to one-year goals. (91.220(2)) Please see above. Consolidated Plan BAKERSFIELD 11 OMB Control No: 2506-0117 (exp. 07/31/2015) 05104116 CC AGENDA PAGE 453 DRAFT Strategic Plan SP -05 Overview Strategic Plan Overview This Strategic Plan discusses the State's priority- needs, five year goals, and projected outcomes specifically for the HOPWA Program. Consolidated Plan BAKERSFIELD 12 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC AGENDA PAGE 454 DRAFT SP -10 Geographic Priorities — 91.215 (a)(1) Geographic Area Table 7 - Geographic Priority Areas General Allocation Priorities Kern County Public Health as the primary project Sponsor ensures that funding is available throughout the entire Kern County EMSA for the HOPWA Program. Consolidated Plan BAKERSFIELD 13 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC AGENDA PAGE 455 DRAFT SP-25 Priority Needs - 91.215(a)(2) Priority Needs Table 8 — Priority Needs Summary Please see Table 53 in the ConPlan 2020. Narrative (Optional) Consolidated Plan BAKERSFIELD 14 CM13 Control No: 2506-0117 (exp. 07/31/2015) 05104116 CC AGENDA PAGE 456 DRAFT SP -30 Influence of Market Conditions — 91.215 (b) Influence of Market Conditions Affordable Housing Market Characteristics that will influence Type the use of funds available for housing type Tenant Based Rental Housing affordability and homelessness prevention is a primary need that will Assistance (TBRA) be addressed through the City of Bakersfield's HOPWA program. Approximately $150,000 HOPWA funding annually will be set aside for TBRA. TBRA for Non- See above Homeless Special Needs New Unit Production New unit production is primarily funded through the City's HOME program. Rehabilitation Rehabilitation of housing is primarily funded thorough the City's HOME program. Acquisition, including Acquisition of housing will primarily be accomplished through the City's HOME preservation program. Table 9 — Influence of Market Conditions Consolidated Plan BAKERSFIELD 15 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC AGENDA PAGE 457 V O ri m LA r4 GJ 0 GJ GC M (1) 4-1 m CL LA M r- 0 0 0 m CL 2 0 0 ri an 0 2 0 O -C 4� 0 4-1 m E cr w ac O 4-1 V) -a c: r- 0 lo r-i L.L Ln Cf w co 1 IR, -1 ti 0 C, ci x (U 0 O Ln an c: 0 u 0 05;1104116 CC AGENDA PAGE 458 4- 0 0 m a E m m o =o a 41 0 > M E r- M m u 0 a Z m 0 m 0 m = 0 aino O x E m o u Ln LU ri cc 00 CA m Ln in 0 Ice 00 ri m 4A G1 G�1 .2 0 > oc 0 E E m tA E 0 0 yn x LU 00 CA .0 Z Ln M V V�. Ice r 0 00 CA > 0 C C v- Q. bb CL r- M M co o o a - = m m 0 0 0 ri an 0 2 0 O -C 4� 0 4-1 m E cr w ac O 4-1 V) -a c: r- 0 lo r-i L.L Ln Cf w co 1 IR, -1 ti 0 C, ci x (U 0 O Ln an c: 0 u 0 05;1104116 CC AGENDA PAGE 458 DRAFT SP -40 Institutional Delivery Structure — 91.215(k) Explain the institutional structure through which the jurisdiction will carry out its consolidated plan including private industry, non - profit organizations, and public institutions. Responsible Entity Responsible Entity Type Role Geographic Area Served BAKERSFIELD Government Economic Jurisdiction Development Non - homeless special needs Planning neighborhood improvements public facilities public services Kern County Public Government Public health, outreach Kern County Health and education Table 11- Institutional Delivery Structure Assess of Strengths and Gaps in the Institutional Delivery System City HOPWA is leveraging established sound partnerships formed when the State of California administered the program, with project sponsors that ensure ongoing and seamless housing and supportive services to PLWHA.; however, the allowable HOPWA grant administration fee only funds a small portion of one staff position, which may impact grantee oversight. In addition, project sponsors with adequate program expertise and capacity are limited. Table 12 - Homeless Prevention Services Summary Describe how the service delivery system including, but not limited to, the services listed above meet the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) Approximately 88% of the annual HOPWA allocation is used for homeless and homeless prevention services for PLWHA, including sub - populations of the chronically homeless, families with children, and veterans. These services include TBRA, STRMU, facility based housing, hotel /motel voucher assistance, housing information and referral services. Additionally, case management, employment and employment training, benefits counseling, personal assistance, life skills management, mental health or substance abuse services, transportation, and food and nutrition services are made available Describe the strengths and gaps of the service delivery system for special needs population and persons experiencing homelessness, including, but not limited to, the services listed above Consolidated Plan BAKERSFIELD 17 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC AGENDA PAGE 459 DRAFT HOPWA project sponsors are either an HCP service provider or have established a partnership with HCP service providers to ensure PLWHA are screened at initial intake and linked to the appropriate agencies for healthcare, housing, and other services. The potential for gaps occur particularly in rural areas, having fewer health, education /employment and transportation services available to assist their low- income populations generally, or homeless or chronically homeless household in particular. Provide a summary of the strategy for overcoming gaps in the institutional structure and service delivery system for carrying out a strategy to address priority needs The City is leveraging HOWPA sponsors with a proven track record in implementing HOPWA activities throughout Kern County. Consolidated Plan BAKERSFIELD 18 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC A GENDA FAA GE W a 0 m Ln N �—I L m E _N f0 ,O V Ln a L. O L E E N O E E H N l6 O C7 I M N � C O o z; N Q •L N d d C D o U ip v O a, Ln m J W W Ln w a m • 1 lam'• Ln 0 O N N m 0 a x n ti O 0 O Ln N O Z O G O U 0 05;1104116 CC A GENDA PA GE 4 61 o c O c Q \ co U E O = O _ G > E O! O a) ++ on E G � O '� > o co N •� v an v = N O > N N > 10 L (/i 0 O �aoi � °�' o a a to 41 � > � a o > Cf -c a ° m V)i cn _ °o °o 0 0 o to v)- Q LL a- 0 0 N coo aA G [p (a ao o?f C L _ a _ sue. xx LLJ 0 xx Q v � (/') > ++ [o > u- > ++ fD v E 0 a a� o U v c N +� O a >_ Z ��U o W_ f9 L 4- {- N- 4- L tw o L Q w C7 ate+ [o � to U m U m on 4 v o v v c oa aA a� v O u o E c E v tea, o E E v c E> o o o o w4= 0 0 0 0 CL w O o w a == z= , z a == z= , z z U o .a o, rn �m-i O O iy >- r-4 r1i y LI) Ln m c-I r -I Z � O O Ln N N v U C L " E m a, In V) a) Z N a) m + , aoo v E _ O U a- O 0 N U n u C) a s a ° a O i O Ln Ln E E H N l6 O C7 I M N � C O o z; N Q •L N d d C D o U ip v O a, Ln m J W W Ln w a m • 1 lam'• Ln 0 O N N m 0 a x n ti O 0 O Ln N O Z O G O U 0 05;1104116 CC A GENDA PA GE 4 61 Ln rl M r4 cn We 0 m b.0 C 0 m "0 E 0 rz m -c ao 0 -c 0 -c G .F5 4� E 0 U U m 0 4� a) U fD 4� 4� 0 fD 4� E a) 4� 0 -c U 0 4� m E 0 O -c 0 O -c 5 Ln 4� m E .R 0 a a El V) 4-1 E O dA E 0 O 2 0 N L.L V) • 1 IR, -1 0 C, ci x ti (U 0 LnO O c: 0 U O 05;1104116 CC A GENDA PA GE 4 62 DRAFT SP -80 Monitoring — 91.230 Describe the standards and procedures that the jurisdiction will use to monitor activities carried out in furtherance of the plan and will use to ensure long -term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements Staff will conduct HOPWA site visits based on a risk analysis of project sponsors, and monitors program compliance and planning requirements through regular written and verbal communication with project sponsors, such as financial expenditure reviews, progress reports, program guidance, webinars, e -mail and phone conversations, etc. Deficiencies identified during site visits will be discussed with project sponsors, and technical assistance is provided to assist in the remediation of identified deficiencies, and to ensure long -term compliance with program requirements. The HOPWA Request for Application process will include outreach to minority business enterprises, faith- based, and grassroots organizations. Consolidated Plan BAKERSFIELD 21 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC A GENDA FAA GE 4 63 N 4-0 CL X ui r4 0) I 4A CJ 0 4A fA CJ 0 fA uj v m LA CL T-4 CL w m H 0 0 x LU m E IS N da as 0 O O O 2 4-1 dA O 4-1 0 O V) 0 V) G 0 0- V) 4-1 0 O O O O 4-1 m E 4- O �5 V) E 0 .a 4-1 V) -a G O dA N N L.L V) 1 IR, -1 Ln 0 C, ci x (U r, ti ti 0 Ln 0 U 05;1104116 CC A GEN PA GE 464 4- 0 o -V a "0 " W M M .2 >- a as o =a a W M 0 m bA E r. M m Z cp .0 M 0 X E > Q E 0 u LU Q (D 00 m IA 0 00 m m 2 o > 0 E yr E m E 6 0 0 x LU 00 .2 M Ln G V 0 00 M Zx- t > t bb W 0 bb Q. CL a E o 'P 'c' a M a -0 > co o m , w m = o c "W = CL 4a 4-a of 41 0 LA 0 E m 0 w m H 0 0 x LU m E IS N da as 0 O O O 2 4-1 dA O 4-1 0 O V) 0 V) G 0 0- V) 4-1 0 O O O O 4-1 m E 4- O �5 V) E 0 .a 4-1 V) -a G O dA N N L.L V) 1 IR, -1 Ln 0 C, ci x (U r, ti ti 0 Ln 0 U 05;1104116 CC A GEN PA GE 464 If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan NA Discussion Consolidated Plan BAKERSFIELD 23 OMB Control No: 2506-0117 (exp. 07/31/2015) 05104116 CC A GEN PA GE 4 65 N a=+ V .Q O N O cv Q N GJ V O M _ O m N E ^m V a C f0 i i E a N '!' CL a � N E E � Q H J � W l0 LL O c/) Ln C7 � I w ]G a m • 1 lam'• n 0 0 N m 0 a x a ti ti 0 0 0 Ln N 0 z 0 0 U 0 05;1104116 CC A GENDA PA GE 466 c +� O o c O o °' G4J O ++ r,4 Ln v E Q! L O ++ Q U c: LZ v- \ L > O N G N v _ to m = In N O N c •N O � v > c O m 4.1 to a- L c/) D v�.Y 3 a0- Ol O M Lr) .zF N N N OA O M t/? a >a LL 0- a- 0 0 N � G [p _x _ u w CL S to sue. xx x co xx Q a� v c° � > +j co > u a> > +1 co v 0 a a� O u v c N +� O Q Z v U v- v O u o a o a a _ a �, z a o a a a W_ f0 L 4- L N- L 0 Q 0) � � � � to [o U m u co OD o v v c c oa o a cu E u o c E c E v o c E c E� v c v 0 0 0 0 D- w� 0 0 0 0 D- a, o o a, a = =zzL,za = =z =V,zzuo uj v O 0 cI O iy Ln Ln m c-I c I H O O >- N N O v co L L, E m O N V) O Z G m _v � > _0 on O G U a-+ O L 0 n U n u D a S a li a v 0 O Ln Ln N E E � Q H J � W l0 LL O c/) Ln C7 � I w ]G a m • 1 lam'• n 0 0 N m 0 a x a ti ti 0 0 0 Ln N 0 z 0 0 U 0 05;1104116 CC A GENDA PA GE 466 0 CL O MW LI) N LIJ Ll- (/) Cf LIJ (1) 0 41 ro 0 o V) 0 (u ti ti 0 Lr) 05;1104116 CC A GENDA PA GE 4 6 7 Projects AP -35 Projects — 91.220(d) Introduction Projects # Project Name 1 HOPWA Program 2 HOPWA Administration Table 16 — Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The regulatory purpose of the HOPWA program is to prevent or alleviate homelessness among PLWHA. Consolidated Plan BAKERSFIELD 26 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC AGENDA PAGE _ m E E E N A L E 'o E G. v� CL o Q a r- r'4 0 J W W V) w ]G a cn c a a) o o O o V a G O (u U r, ti ti 0 0 0 Ln 0 z 05;1104116 CC A GENDA PAGE 469 m > ftS L L Ln (/) 0 U - U � U a 4 U = G [EO _I_- =; L L on O O O U L L L 0 4- >�> L O d d O O C p p a) a) O O O O c N- t3.0 to N L a) U > L O L > + 'L 1 � 0- L N -c N OO N �_ E CO E a E v to > co ca O O U -r G = ++ a., m 3 -c c ao to •L io = O L N c c-I � to O > > o N O O O N O M [6 v- G-c ? 9 0 J W W V) W ]G a m c a Ln O m O o V a G O (U U ti ti O 0 O Ln N O Z 05;1104116 CC A GENDA PA GE 470 c O •L N c v a E z U Ln 41 m t E v- +, m o 4) Q. o CL c a fd a N a _ 0 C u .).+ > 4a y. Q a Q E M v m _ w 3 a 9 0 J W W V) W ]G a m c a Ln O m O o V a G O (U U ti ti O 0 O Ln N O Z 05;1104116 CC A GENDA PA GE 470 AP -50 Geographic Distribution — 91.220(f) Description of the geographic areas of the entitlement (including areas of low- income and minority concentration) where assistance will be directed Geographic Distribution Target Area Percentage of Funds Kern County 100% Table 17 - Geographic Distribution Rationale for the priorities for allocating investments geographically HOPWA program funding will be available county -wide through project sponsor Kern County Public Health. Discussion Consolidated Plan BAKERSFIELD 29 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC A GENDA FAA GE 4 71 Affordable Housing AP -55 Affordable Housing — 91.220(g) Introduction One Year Goals for the Number of Households to be Supported Homeless Non - Homeless Special -Needs Total 125 Table 18 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 125 The Production of New Units Rehab of Existing Units Acquisition of Existing Units Total 125 Table 19 - One Year Goals for Affordable Housing by Support Type Discussion Consolidated Plan BAKERSFIELD 30 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC A GENDA FAA GE 4 72 AP -70 HOPWA Goals - 91.220 (1)(3) The one -year HOPWA goals are as follows Short -term rent, mortgage, and utility assistance to prevent homelessness 90 of the individual or family Tenant -based rental assistance 30 Units provided in permanent housing facilities developed, leased, or 0 operated with HOPWA funds Units provided in transitional short -term housing facilities developed, 5 leased, or operated with HOPWA funds (including hotel /motel voucher assistance) TOTAL 125 Consolidated Plan BAKERSFIELD 31 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC A GENDA FAA GE 4 73 Appendix - Alternate /Local Data Sources 1 Data Source Name PIC (Information Center) List the name of the organization or individual who originated the data set. PIC (Information Center) Provide a brief summary of the data set. The PIC (Information Center) data set provides information on housing vouchers issued by Public Housing Authorities. What was the purpose for developing this data set? Current data on Housing Choice Vouchers distributed to Bakersfield residents. How comprehensive is the coverage of this administrative data? Is data collection concentrated in one geographic area or among a certain population? Very comprehensive. What time period (provide the year, and optionally month, or month and day) is covered by this data set? Current. What is the status of the data set (complete, in progress, or planned)? Complete. Consolidated Plan BAKERSFIELD 32 OMB Control No: 2506 -0117 (exp. 07/31/2015) 05104116 CC A GENDA FAA GE 4 7